Evidence at Trial (Michael Walker Case)

Posted on Thu, Dec. 08, 2005


EVIDENCE AT TRIAL



Bureau of Narcotic Enforcement agent Mike Walker is charged with voluntary manslaughter for the February 2004 killing of Rodolfo ``Rudy'' Cardenas. He faces up to 11 years in prison if convicted. The jury deliberating the case must consider key evidence presented by the prosecution and defense.

Prosecution:

A surveillance video showed it took Walker 8.6 seconds to arrive at the alley and fire his first round of shots at a fleeing Cardenas. The prosecutor argued there was not enough time for events to have played out as Walker described.

A biomechanical engineer said it is impossible for a person to turn their hips 90 degrees while running, as Walker said Cardenas did when he flashed a weapon.

An expert in psychiatry and threat assessments testified that Cardenas was not suicidal and was not a threat to Walker because he was running away.

Cardenas did not have a gun. And several witnesses testified that they saw nothing in his hands before or after the shooting.

Defense:

Cardenas was high on methamphetamine and had the drug in his possession at the time of the shooting. He told his estranged wife at least 20 times that if he was ever stopped by police, he would run from them and force them to shoot him.

Experts in police training testified that Walker acted properly.

Two medical examiners testified that the bullet trajectory supports Walker's claim that Cardenas turned on him.

Walker testified that he believed he saw a weapon and only exercised lethal force when he thought his life was threatened.

Source: Yomi S. Wronge, Mercury News