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Oct. 18, 2006

AUG. 27 SHOOTING

Rodriquez bound over to district court

DEFENSE ATTORNEY QUESTIONS ATTEMPTED MURDER CHARGE
By CHRISTINA EICHELKRAUT
PVT



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Jesus Rodriguez, the alleged shooter of Deputy Harry Williams, will be bound over to the Fifth District Court for arraignment Nov. 17 at 10 a.m.

Rodriguez is charged with attempted murder with use of a deadly weapon, battery with use of a deadly weapon, and assault with a deadly weapon.

He was allegedly the driver of the vehicle Williams pulled over for having fictitious license plates Aug. 27, when he is believed to have shot the deputy in the leg.

At Rodriguez's preliminary hearing in Pahrump Justice Court on Friday, Oct. 13, prosecutor Kirk Vitto called four witnesses at the hearing.

Two of the witnesses Assistant District Attorney Kirk Vitto called to the stand at a preliminary hearing here Oct. 13, Shawna Millar and Vicky Garcia, were passengers in the vehicle at the time of the shooting.

Williams also told what he had experienced.

"As I was approaching the truck, I started hearing gunfire," he remembered. "I can feel the asphalt coming from the rounds hitting below my feet. I attempted to turn and I felt a round hit my leg, right below my knee, and it kind of knocked my leg out from under me."

Also called to testify was Sgt. Dan Thomassian, one of the officers that transported Rodriguez back to Nevada from Riverside County, Calif., where the suspect was apprehended by authorities in the community of Mecca Sept. 15.

Thomassian said Rodriguez confessed to the shooting during the ride back to Nevada and that he also described the weapon he had used.

Thomassian also said that he was told this by Rodriguez in English. Rodriguez, however, had the proceedings translated for him by Soledad Garcia, a community service officer with the North Las Vegas Police Department.

Both Garcia and Millar testified that there was a fourth person in the vehicle whom neither of them knew. Garcia said she knew the individual only as Rodriguez's brother or brother's friend.

The fourth passenger has not been apprehended.

Garcia also testified that she attempted to stop Rodriguez from shooting Williams. "I pulled on his arm, told him to stop, that I had two kids, that Shawna had kids. I even told him he had kids," she said.

Garcia also testified that when Rodriguez was told by the fourth passenger that he was being pulled over, Rodriguez said, "I'll take care of him," before reaching under the seat for a gun.

When asked by Rodriguez's public defender, Tom Gibson, if she was claiming that she saved Williams' life, Garcia said she was not. "I don't expect an award or Purple Heart or nothing," said Garcia.

Garcia said that after pulling on Rodriguez's arm, he elbowed her in the stomach and drove away in the truck. When the truck broke down, he told her and Millar that they had to leave or he would blow them and the vehicle up.

Dep. Mike McGrath testified that he found the truck Rodriguez was driving and that inside, on the floor, he found a weapon with the letters J-E-R-U-L inscribed on it. Both Garcia and Millar had testified earlier that they knew the defendant as Jerul, one of Rodriguez's several aliases.

Gibson argued that the first charge of attempted murder should be dropped because the prosecution failed to show murderous intent.

Vitto said in his closing remarks that, "importantly ... Garcia testified as to the defendant's state of mind" at the time of the shooting and said there was enough hard evidence to meet the minimum standards required to bring the case to court.










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