30-04-2018, 03:16 PM
part A (Benavides eyewitness to a murder)
"Another witness, Domingo Benavides, was driving a pickup truck west on 10th Street... He then heard three shots and saw the policeman fall to the ground."
WR p.166
Mr. BENAVIDES - I saw this police car.
Mr. BELIN - You saw a police car?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - Where was the police car?
Mr. BENAVIDES - It was sitting about 4 or 5 feet from the curb and down about 2 houses from the corner of Patton Street.
Mr. BELIN - All right. Was it between Patton and Denver?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - On what side of East 10th, north or south?
Mr. BENAVIDES - On the south side.
Mr. BELIN - What direction was it headed?
Mr. BENAVIDES - It was headed east.
Mr. BELIN - What did you see then?
Mr. BENAVIDES - I then pulled on up and I seen this officer standing by the door. The door was open to the car, and I was pretty close to him, and I seen Oswald, or the man that shot him, standing on the other side of the car
WC VI p.447
Corroboration of first arrival -- none, unobserved by Holan & Cimino (who could hardly miss a bright yellow truck parked very close to, possibly obstructing, their respective lines-of-sight).
part B (Benavides exit & re-entrance, gathering spent shells)
Mr. BELIN - Then what did you do?
Mr. BENAVIDES - At the time I walked out, I guess I was scared, so I started across the street--alley between the two houses to my mother's house, and I got in the yard and I said I'd better go back, or just caught myself until I got over there, I guess, so I went back around there.
Mr. BELIN - When you went back, what did you do? First of all, was there anything up to that time that you saw there or that you did that you haven't related here that you can think of right now?
Mr. BENAVIDES - Well, I started--I seen him throw the shells and I started to stop and pick them up, and I thought I'd better not so when I came back, after I had gotten back, I picked up the shells.
WC VI p.449
Corroboration of second arrival -- Guinyard observed an arrival by truck, not on foot.
Mr. BALL. Were you there when the truck came up that was driven by Benavides?
Mr. GUINYARD. Yes, sir.
Mr. BALL. He came up right after this?
Mr. GUINYARD. Yes; he came up from the east side---going west.
Mr. BALL. And then what did you do after that?
Mr. GUINYARD. Well, we stood there a while and talked and I called him Donnie, he picked up all them empty hulls that come out of the gun.
Mr. BALL. Who did--Benavides?
Mr. GUINYARD. Yes.
WC VII p.398 (page number correction to previous post)
*****
No DPD, FBI or SS statement by Benavides exists, although Leavelle's Supplementary Offense Report (11/22/63) states that he made an affidavit that day. It also states that Benavides was an eyewitness to a corpse and nothing else, which explains why he was not taken to a lineup.
--"Another witness who saw the officer lying in the street, but did not see suspect, was a Domingo Benavides, 509 East Jefferson, WH 2-0559. He was at the scene and picked up 2 spent 38 hulls and turned over to Officer J. M. Poe, 1175, who in turn gave them to Crime Lab Investigator, Pete Barnes, who was present and dusted the police car for prints."
--"All of the above witnesses, with the exception of Scoggins, made affidavits."
*****
Benavides was not actually there to see the whole action -- part A is fiction.
"Another witness, Domingo Benavides, was driving a pickup truck west on 10th Street... He then heard three shots and saw the policeman fall to the ground."
WR p.166
Mr. BENAVIDES - I saw this police car.
Mr. BELIN - You saw a police car?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - Where was the police car?
Mr. BENAVIDES - It was sitting about 4 or 5 feet from the curb and down about 2 houses from the corner of Patton Street.
Mr. BELIN - All right. Was it between Patton and Denver?
Mr. BENAVIDES - Yes, sir.
Mr. BELIN - On what side of East 10th, north or south?
Mr. BENAVIDES - On the south side.
Mr. BELIN - What direction was it headed?
Mr. BENAVIDES - It was headed east.
Mr. BELIN - What did you see then?
Mr. BENAVIDES - I then pulled on up and I seen this officer standing by the door. The door was open to the car, and I was pretty close to him, and I seen Oswald, or the man that shot him, standing on the other side of the car
WC VI p.447
Corroboration of first arrival -- none, unobserved by Holan & Cimino (who could hardly miss a bright yellow truck parked very close to, possibly obstructing, their respective lines-of-sight).
part B (Benavides exit & re-entrance, gathering spent shells)
Mr. BELIN - Then what did you do?
Mr. BENAVIDES - At the time I walked out, I guess I was scared, so I started across the street--alley between the two houses to my mother's house, and I got in the yard and I said I'd better go back, or just caught myself until I got over there, I guess, so I went back around there.
Mr. BELIN - When you went back, what did you do? First of all, was there anything up to that time that you saw there or that you did that you haven't related here that you can think of right now?
Mr. BENAVIDES - Well, I started--I seen him throw the shells and I started to stop and pick them up, and I thought I'd better not so when I came back, after I had gotten back, I picked up the shells.
WC VI p.449
Corroboration of second arrival -- Guinyard observed an arrival by truck, not on foot.
Mr. BALL. Were you there when the truck came up that was driven by Benavides?
Mr. GUINYARD. Yes, sir.
Mr. BALL. He came up right after this?
Mr. GUINYARD. Yes; he came up from the east side---going west.
Mr. BALL. And then what did you do after that?
Mr. GUINYARD. Well, we stood there a while and talked and I called him Donnie, he picked up all them empty hulls that come out of the gun.
Mr. BALL. Who did--Benavides?
Mr. GUINYARD. Yes.
WC VII p.398 (page number correction to previous post)
*****
No DPD, FBI or SS statement by Benavides exists, although Leavelle's Supplementary Offense Report (11/22/63) states that he made an affidavit that day. It also states that Benavides was an eyewitness to a corpse and nothing else, which explains why he was not taken to a lineup.
--"Another witness who saw the officer lying in the street, but did not see suspect, was a Domingo Benavides, 509 East Jefferson, WH 2-0559. He was at the scene and picked up 2 spent 38 hulls and turned over to Officer J. M. Poe, 1175, who in turn gave them to Crime Lab Investigator, Pete Barnes, who was present and dusted the police car for prints."
--"All of the above witnesses, with the exception of Scoggins, made affidavits."
*****
Benavides was not actually there to see the whole action -- part A is fiction.