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Wilson v. State6/20/2003
d, he heard two to three shots coming from the direction of a parking lot across the street and turned around to see who was shooting. He was approximately half a block away from the incident. He testified that he saw a black man running backward and that the man shot two to three times in the direction of a police officer who was chasing him. Cuellar saw the man run backward, pause a little, and then fire. He saw fire coming out of Wilson's gun and heard a gunshot. He then saw Wilson turn the corner and hide behind an abandoned house. When Wilson was behind the house, he saw Wilson shoot at the police officer twice and gestured for Hancock to "come on." When Wilson pointed the gun at the police officer again, Hancock shot at Wilson. Another Mrs. Baird's truck driver, Richard Ellis ("Ellis"), testified that he was standing next to Cuellar when he heard pops that sounded like fireworks. Ellis testified that when he turned around, he heard "pops" from straight ahead. He saw a man having a hard time running and saw him stop and shoot in the direction from where he was coming. He could not tell the race of the running man, but he saw sparks coming out of the gun that the man was holding. Ellis also testified that he saw the man throw something over the fence. After the man approached the abandoned house, Ellis then went inside the building.
A third eyewitness, Juan Antonio Salazar ("Salazar"), a mechanic for Mrs. Baird was outside the bakery when he heard a sound that sounded like a car "backfiring" two or three times. He rose from the picnic table where he was sitting and looked across to the St. Phillip's College parking lot, where he saw a man running though the grass. Salazar saw the man stop and shoot once in the direction of where he was running from. Salazar could not see the gun but saw fire coming out of the weapon. After Salazar saw the man shoot, he saw the man stop and turn around. Salazar stated that "it looked like he might have tossed something over the fence." Salazar saw the man go around the "shack" and the police officer shooting in the direction of the man.
At trial, the State called several witnesses regarding the evidence. Jaime Becker ("Becker") was the firearms examiner and responsible for conducting tests on the .380 semiautomatic and Hancock's .40 Glock. Becker compared the ammunition retrieved from the crime scene with test rounds fired in a laboratory. Becker testified that three of the four unfired cartridges from the .380 semiautomatic had been cycled through the gun at some point in time, but that the gun itself had not been fired. Becker also performed a residue test on the .380 semiautomatic, but he found no trace of gun powder residue in the barrel. Becker stated that it was possible that a gun could have been fired even if no gun powder residue was found in the barrel if the barrel had been cleaned or something had been pushed down the barrel to clean it.
James Garcia ("Garcia"), a forensic scientist, testified that he performed a gunpowder residue test on both Hancock and Wilson. He explained that a particle of gun powder residue generally consists of three particles - lead, barium, and antimony. He stated, however, that residue from a .380 semiautomatic contains only lead and barium. Garcia further explained that a particle of lead, barium, and antimony, or a particle of just lead and barium can be transferred secondarily; however, each particle contains all elements, and one element cannot be separated from the others. Garcia stated that a person who shoots a gun will not always have gunshot residue on his hands because of various environmental factors or because the residue is so small that it gets consumed completely. After performing the residue test
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