Two Alice police officers gave conflicting testimonies Monday during the first day of the trial of Antonio Hernandez Jr., who allegedly assaulted and stabbed a man.
Hernandez allegedly participated in the aggravated assault of Baldemar I. Garcia III on Aug. 5, 2007.
APD Officer Cyrildo Garcia took the stand and said he approached the victim in the 1100 block of Lucero Street. Hernandez was surrounded by residents of the area, and was bleeding from lacerations to his head and back, Officer Garcia said.
The officer said individuals at the scene, whose names he said he did not write down, witnessed the victim’s assault by Hernandez and his brother, Justin Hernandez.
Baldemar Garcia told the officer he had been attacked by multiple people and he needed medical attention. Officer Garcia said on the stand that the ambulance was delayed, and after waiting several minutes, residents at the scene took the victim to CHRISTUS Spohn Hospital Alice in a personal vehicle.
Investigator David Valadez had a different scenario when he took the stand Monday.
Valadez was the second person to testify on Monday afternoon. He said that when he came to the scene on Lucero Street, he saw the victim in need of medical attention. Valadez said Guardian EMS was contacted, and after several minutes, the officer contacted the EMS personally to direct them to Baldemar Garcia’s exact location on Lucero Street. Valadez said the ambulance arrived at the location where the victim was treated and taken to the hospital by ambulance.
Valadez said he questioned three witnesses who claimed they saw the Hernandez brothers assaulting Baldemar Garcia. Those witnesses, Ernesto Torres Jr., Roxie Torres and their daughter, Kimberly Salinas are expected to testify for the prosecution on Tuesday morning.
Valadez said the witnesses told him Hernandez’s mother, Norma Broquet, picked up her sons from the location in her vehicle.
Both Broquet and Justin Hernandez were also indicted in the alleged assault. Broquet died last year from an illness.
Hernandez is currently serving a sentence in the Texas Department of Criminal Justice Institutional Division, and is expected to be the defense’s sole witness on Tuesday afternoon, Hernandez’s defense attorney Ricardo Soliz said.
During his opening statements, Assistant District Attorney Homero Canales told the jury what he intended to show through the facts of the case.
Canales detailed how Baldemar Garcia was allegedly chased by the Hernandez brothers and a third individual over a theft of $5. Canales said the victim ran so fast that he ran out of his shoes, running several blocks barefoot in an attempt to escape.
Canales alleged Broquet at one point pinned the victim against a fence with her vehicle, as her sons committed the assault. He said Baldemar Garcia was stomped on, kicked and stabbed by Antonio Hernandez Jr., when the witnesses attempted to scare Hernandez away.
Soliz told the jury to keep an open mind.
Soliz said Baldemar Garcia took the money from the Hernandez brothers and struck Justin Hernandez, which led him to chase Baldemar Garcia. Soliz said his client, Antonio Hernandez Jr. told his mother what happened to try to get help, after Baldemar Garcia first instigated the situation.
“He wanted to stop this,” Soliz said. “The truth will always be on the gray side, keep your mind open, listen to everything. You people are the ultimate deciders of the facts in this case.”
After the jury was excused from the court, District Judge Richard Terrell warned the prosecution not to present hearsay evidence during trial.
The prosecution is expected to close their side of the case Tuesday morning.