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Indybay Feature

Trial Begins for State Agent Indicted on Voluntary Manslaughter

by Lailo
State Agent Michael Walker is finally going to trial for voluntary manslaughter, in San Jose, California, for the murder of Rudy Cardenas which took place on Feb 17, 2004.
Oct 28, 2005
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The People vs. Michael Walker

In San Jose, CA on Feb 17, 2004, Rudy Cardenas, father of 5, was shot in the back by state drug agent, Michael Walker, in a case of mistaken identity. State drug agents had been staking out the residence of David Gonzales, who had not reported to his parole officer of a change in his residence. Now, almost 2 years later, the family of Rudy and the community of San Jose may receive some sort of justice. Right now Michael Walker is being tried for the voluntary manslaughter of Rudy Cardenas.

The Murder

On Feb 17, 2004, at 12:30pm, state agents were staking out the residence of David Gonzales. Walker thinks he sees Gonzales pull up to the house in a minivan, but it happens to be Rudy. A high speed chase ensues throughout the streets of downtown San Jose. On 4th and St. James, Rudy gets out of his car and runs to the back parking lot of a senior citizen’s apartment complex, where Walker shoots him in the back as he runs away. As Rudy lays on the ground, desperately fighting for his life, San Jose police begin to arrive on the scene and to handcuff Rudy as he lay bleeding to death. 30 minutes later Rudy arrives at the San Jose Medical Center, but had already lost his pulse and shortly thereafter dies.

The Open Grand Jury

Rudy’s family was able to push for an open grand jury, with community support through calling and writing to the DA’s office. An open grand jury means that it is open to the public to come and witness. In July of 2005, the grand jury heard evidence presented by San Jose DA, Lane Liroff, and Michael Walker was endicted on voluntary manslaughter.

Trial started for Walker

Finally, 2 years after the murder of Rudy Cardenas, state agent Michael Walker is going to court for the charges of voluntary manslaughter. The defense claims that Walker shot in self-defense, thinking that Rudy had a gun. No weapons were found at the scene, but a mysterious knife turned up from Rudy’s pants pockets while in the custody of the state. Defense attorney, Craig Brown, works for the law firm Harry Stern, the same law firm that represented the Oakland Riders, a gang of police notorious for planting evidence and murdering innocent people in Oakland, California. Walker plans to take the stand, probably towards the end of the trial. It has come out that Walker did not follow standard procedures and basically took the law into his own hands, execution style. The trial will go on for another 4 weeks at the Hall of Justice in San Jose, 190 W. Hedding St., 6th Floor, Dept 39 with judge, Rene Navarro, presiding

Questions Still Remain: What exchanged happened between Rudy and Walker to make Walker gun down an innocent man? Why was Walker training other police and state agents at the Central Coast Gang Investigator Association conference after being indicted on voluntary manslaughter? And since Walker’s indictment, why have all the other half-dozen police-murders in San Jose had closed-grand jury hearings?

Community groups need to get involved in police brutality issues and should consider starting a cop-watch. Try to come out and give support for Rudy’s family within the next month at the San Jose Hall of Justice, 190 W. Hedding St.

Add Your Comments

Comments (Hide Comments)
What exchanged happened between Rudy and Walker to make Walker gun down an innocent man?

Perhaps Walker had a previous incounter with Rudy and Rudy had got away, and Walker knew he was chaseing Rudy and not David in the first place. It was stated that the units were outside David's duplex on a stakeout, as if he was inside, and if so why would they go after Rudy's van? If they were stakeing out the duplex? It seems that the only way they would pursue the van if they had recieved information David was driving the van and then wouldn't a license plate be given/needed? and then a check on the registered owner? Perhaps David and Walker had made a deal? One more fact that after Rudy was gunned down David was arrested in the duplex, it appears that they just walked up and knocked and made arrest no stakeout, why wasn't that just done in the first place, why all the extra drama? I know for a fact that about 6 months prior Rudy did indeed out run some cops, he had got away because he came to my house he was with his friend they were both out of breath, it had seemed very intense, and I said Rudy they will shoot you don't run from them, please.
by The truth on Rudy
SO!! Rudy previously out ran the cops....Why?? was he doing something WRONG???? I guess he was a thug and you all don't want to admit it!!!
by IS THAT RIGHT... ....
THE TRUTH ON RUDY, MY FRIEND, HE WAS ONE OF THE MOST KIND, TRUSTWORTHY, WARM, THOUGHTFUL, CARING, HONEST PERSON I KNOW! FOR THE RECORD THE GOOD DIE YOUNG AND THAT IS THE TRUTH, THE TRUTH ON RUDY! A THUG? THUGS DON'T RUN, A THUG IS THE BULLY THE ONE WHO SHOOTS SOMEONE IN THE BACK, A THUG WITH A GUN AND A BADGE IS NOTHING BUT LOW LEVEL TYRANNY WHERE RIGHT IS WHITE, NO BETTER THAN HITLER'S REIGN, SAME STORY , DIFFERENT TIME. GET A CLUE! KNOWLEWDGE IS POWER, AND BY THAT COMMENT YOUR VERY LIMITED! LET ME SUGGEST THE LIBRARY, A BRAIN IS A TERRIBLE THING TO WASTE.- " damegirl"
by Regina
All I can say is that anyone that is posting negative comments about Rudy probably works for the DOJ, it's not as though it's the first time they've said negative things. I have gotten e-mails about my fathers death from a few of these people, as though losing him isn't enough. Let's try to make the family feel worse. All that shows is that they are desperately trying to make it seem as though Walker did the right thing. After doing a search on their names from the emails, surprise surprise....they're working for the DOJ. It's so blatantly obvious that Walker is the exact reason why people don't trust the police. Just another killer cop (agent) killing us with our taxpayer dollars. Obviously they don't care that my father is dead by one of their own, all they care about is how they're going to justify it. Fact of the matter is, there is NO justification. My father was unarmed and never once went towards Walker, let alone with a gun or a knife with no prints. Come on now, justify that!
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