19-08-2016, 03:11 PM
Per WC testimony Benavides picked up two shells and gave them to DPD's Poe.
Mr. BELIN - Now you saw him throw two shells?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - You saw where he threw the shells?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - Did you later go back in that area and try and find the shells?
Mr. BENAVIDES - Yes. Well, right after that I went back and I knew exactly where they was at, and I went over and picked up one in my hand, not thinking and I dropped it, that maybe they want fingerprints off it, so I took out an empty pack of cigarettes I had and picked them up with a little stick and put them in this cigarette package; a chrome looking shell.
Mr. BELIN - A chrome looking shell?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - About how long did it take you to locate the shells once you stared looking for them?
Mr. BENAVIDES - Just a minute. I mean not very long at all. Just walked directly to them.
Mr. BELIN - You saw where he had thrown them?
Mr. BENAVIDES - One of them went down inside of a bush, and the other one was by the bush.
Mr. BELIN - Did you see him after he turned the corner of the house?
Mr. BENAVIDES - No, sir.
Mr. BELIN - Do you know whether or not he threw any--you said you heard three shots. Do you know whether or not he threw other shells there?
Mr. BENAVIDES - No, sir.
...
Mr. BELIN - When you put these two shells that you found in this cigarette package, what did you do with them?
Mr. BENAVIDES - I gave them to an officer.
Mr. BELIN - That came out to the scene shortly after?
Mr. BENAVIDES - Yes, sir.
Mr. POE. I talked to a Spanish man, but I don't remember his name. Dominique, I believe.
Mr. BALL. Domingo Benavides?
Mr. POE. I believe that is correct; yes, sir.
Mr. BALL. What did he tell you?
Mr. POE. He told me, give me the same, or similar description of the man, and told me he was running out across this lawn. He was unloading his pistol as he ran, and he picked the shells up.
...
Mr. BALL. And what did he say?
Mr. POE. He said he picked the two hulls up.
Mr. BALL. Did he hand you the hulls?
Mr. POE. Yes, sir.
Mr. BELIN - Now you saw him throw two shells?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - You saw where he threw the shells?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - Did you later go back in that area and try and find the shells?
Mr. BENAVIDES - Yes. Well, right after that I went back and I knew exactly where they was at, and I went over and picked up one in my hand, not thinking and I dropped it, that maybe they want fingerprints off it, so I took out an empty pack of cigarettes I had and picked them up with a little stick and put them in this cigarette package; a chrome looking shell.
Mr. BELIN - A chrome looking shell?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - About how long did it take you to locate the shells once you stared looking for them?
Mr. BENAVIDES - Just a minute. I mean not very long at all. Just walked directly to them.
Mr. BELIN - You saw where he had thrown them?
Mr. BENAVIDES - One of them went down inside of a bush, and the other one was by the bush.
Mr. BELIN - Did you see him after he turned the corner of the house?
Mr. BENAVIDES - No, sir.
Mr. BELIN - Do you know whether or not he threw any--you said you heard three shots. Do you know whether or not he threw other shells there?
Mr. BENAVIDES - No, sir.
...
Mr. BELIN - When you put these two shells that you found in this cigarette package, what did you do with them?
Mr. BENAVIDES - I gave them to an officer.
Mr. BELIN - That came out to the scene shortly after?
Mr. BENAVIDES - Yes, sir.
Mr. POE. I talked to a Spanish man, but I don't remember his name. Dominique, I believe.
Mr. BALL. Domingo Benavides?
Mr. POE. I believe that is correct; yes, sir.
Mr. BALL. What did he tell you?
Mr. POE. He told me, give me the same, or similar description of the man, and told me he was running out across this lawn. He was unloading his pistol as he ran, and he picked the shells up.
...
Mr. BALL. And what did he say?
Mr. POE. He said he picked the two hulls up.
Mr. BALL. Did he hand you the hulls?
Mr. POE. Yes, sir.