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State v. Bush4/14/2004
This case relates to five men breaking into the home of Pascual Lopez-Blacos ("Mr. Lopez"), demanding money from him, and shooting him in the leg. Mr. Lopez testified that he was from Mexico, that he had been in the United States for six years, and that he was in this country illegally. He said that he met his wife in Tennessee and that they had two young daughters. He said that on the night of July 26, 2000, he was asleep in his bed and that one of his daughters was sleeping beside him. He said that his nephew, Angel Lopez-Moralez, was in a second bedroom and that a friend, Joaquin Martinez-Abacian, was in another room of the house. He said that he heard his bedroom door open and that two men came into the room. He said that one man had a pistol and was wearing pantyhose over his head and that the other man was carrying a shotgun. He said both men were African-American and wore black clothing. He said that the man with the pistol came to the bed and demanded "dinero," that he told the man he did not have any money, and that the man asked for "dinero" again. He said the man hit him on the head with the pistol, cutting his head, and shot him in the leg. He said that the gunshot woke up his daughter and that the man with the shotgun picked her up. He said he told the men he had money in the kitchen and started walking to the kitchen but fell onto the living room couch. He said the man with the shotgun told the man with the pistol that they needed to leave because the police were coming. He said the men left his house.
Mr. Lopez testified that the police arrived and that he went to the hospital. He said he could not walk for three months due to the gunshot wound and acknowledged that he was in a lot of pain for about three and one-half months. He indicated that he had a scar on his leg as a result of the shooting and identified Michael May as the man who carried the shotgun. On cross-examination, he admitted that at the defendant's and Michael May's preliminary hearing, he identified May as the man who shot him with the pistol. He also acknowledged testifying at the hearing that he did not take his eyes off the shooter.
Angel Lopez-Moralez testified that he is Mr. Lopez's nephew and lived with Mr. Lopez at the time of the robbery. He said that when the men came into the house, he was in a second bedroom. He said that he heard someone at his bedroom door, that a man came into his room, and that the man hit him on the head with a pistol. He said the man was wearing black clothes, boots, gloves, and pantyhose over his head. He said that the man wanted "dinero" and that he gave the man his wallet, which contained eighty dollars. He said that the man left his room and that he heard a gunshot. He said that he could hear men talking to his uncle and that after the men left the house, he came out of his bedroom and found his uncle bleeding on the living room couch. He said his uncle had been shot in the leg and was taken to a hospital. He said his brother and sister-in-law also lived with Mr. Lopez but were not home at the time of the robbery. He said that after the robbery, they discovered that a small stereo and a compact disc (CD) were missing from their bedroom. He said that the police found his wallet outside but that the eighty dollars was gone.
Michael E. May, who was indicted with the defendant, testified that it was the defendant's idea to rob Mr. Lopez and that the defendant told him Mr. Lopez was a drug dealer and an illegal alien. He said that on the night of the robbery, he drove the defendant, Delmiccio Tigg, and two Hispanic men to Mr. Lopez's house. He said that he did not wear a mask but that some of the other men wore pantyhose over their heads. He said that he carrie
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