Updated August 20, 2001, 10:10 a.m. ET
Defense has much to overcome in second week of trial involving fugitive accused of killing police officer  
  

DALLAS (AP) — Defense attorneys have a mountain of evidence to overcome this week as they seek to portray prison escapee George Rivas as a compassionate fugitive who did not intend to kill a police officer.

Five days of prosecution testimony in the capital murder case included Rivas' confession, accounts of robbery victims who feared they would die, graphic autopsy photos and tearful remembrances from the officer's widow.

Rivas is the first of six Texas escapees to be tried for capital murder in the death of Officer Aubrey Hawkins, who was shot 11 times when he went to investigate a report of a break-in at a sporting goods store on Christmas Eve.

Prosecutors, who rested their case Friday, say five different guns were used.

Rivas was serving one of 17 life sentences, mostly for armed robbery, when he and six others broke out of a state prison on Dec. 13. They were arrested six weeks later in Colorado, where one member of the group committed suicide.

Rivas' attorneys say he never intended to kill Hawkins, only disarm him.

If found guilty, Rivas could face the death penalty.

No testimony is scheduled Monday because of a juror's prior commitment.

Because of a gag order, defense lawyers Wayne Huff and William "Karo" Johnson would not say if Rivas would testify Tuesday.

Defense attorneys presented their first witness on Friday, a sporting goods store manager who said in a police statement the night of the robbery that he thought Rivas may have cut restraints from the thumbs of a worker who complained of pain.

In court, however, the manager said he was mistaken and that he now believed another manager removed the bindings, not Rivas.

The most damning evidence is a 21-page written statement to police, in which Rivas said he deserves to die for shooting Hawkins.

Rivas wrote that when Hawkins drove up to the store, "I then pulled out my gun and yelled for him to put his hands up. He could hear me but wouldn't comply ... I thought he was going for his gun."

"Please forgive me but I shot through the windshield and hit his right shoulder," Rivas wrote. "Believe it or not, I was praying he would raise his hands."

He said he then walked to Hawkins' window and fired at the officer's left shoulder. Just as Hawkins finally raised his hands, gunfire erupted from elsewhere and both he and Hawkins were struck by bullets, he said in the handwritten statement.

 

 
 


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