By Harriet Ryan
Court TV
Jurors in the capital murder trial of 'Texas Seven' escapee Donald Newbury heard graphic testimony Tuesday about the brutal killing of a police officer who interrupted a hold-up by the fugitives.
Police and forensic witnesses called by the prosecution testified in the Dallas courtroom that Irving Police Office Aubrey Hawkins died in a barrage of gunshots, some fired from a range of just six inches. He was then pulled from his patrol car, dumped on the ground and run over by the fleeing robbers, the witnesses told jurors.
"Officer Hawkins' body was drug about six feet in this direction, pulled along the ground," said police crime scene unit Officer Steven Hazard, who helped collect evidence at the Oshman's sporting goods store where the Christmas Eve 2000 robbery and murder occurred.
Gesturing to a photo showing blood and tire tracks in the parking lot of the store, Hazard said, "The body was at the end of that skid mark."
Newbury, 39, faces death by lethal injection if convicted of Hawkins' murder. He is the second of the prison escapees to be tried for the crime. Ringleader George Rivas was convicted and sentenced to death in August.
The Texas Seven staged one of the state's largest and boldest prison break-outs on Dec. 13, 2000 when they escaped from a maximum-security facility. Less than two weeks later, in need of money and guns, they robbed the Oshman's in suburban Irving.
As they exited the store's loading dock with $70,000 and 44 guns, they encountered Hawkins, called to the store by an employee's wife who had noticed suspicious behavior. The patrolman was seated in his squad car and did not even have time to draw his gun before the shooting started.
Newbury admits taking part in the robbery and even firing three shots in the parking lot, but claims he never intended to kill Hawkins.
Medical examiner Jeffrey Barnard, who performed Hawkins autopsy, told jurors that 11 bullets struck Hawkins. Using a mannequin dressed as a patrolman and pierced with 11 dowel rods representing the paths of the bullets, Barnard explained how the bullets coursed through the officer's ear, neck, chin, sinuses, mouth, eye and aorta.
He showed jurors autopsy photos, including a close-up of Hawkins face. The officer's cheeks were flecked with blood and his left eye a gaping gunshot wound. A photograph of his legs showed bloody tread marks.
Barnard said Hawkins, who was wearing a Kevlar vest, was shot six times in the head an five in the neck and arms.
"The one shot to the head potentially could render one unconscious," said Barnard. He cautioned, however, "If it was not the first shot, then he'd be conscious through all the rest of them."
And according to forensic scientist David Spence, Hawkins' injuries indicate he may have known an assault was coming. Spence said wounds on the officer's hands suggest they were raised in a protective gesture.
Spence also said gun shot residue found on Hawkins shirt, vest and undershirt indicates "a fairly close shot," perhaps a short a distance as six inches.
Crime scene officer Hazard said the angles of the bullets in Hawkins' vehicle led him to believe there were three shooters.
"It's apparent someone was standing at the head lamp on the driver's side, a second person on the head lamp at the passenger's side and maybe a third person at the driver's door of the vehicle," said Hazard.
Also testifying Tuesday was Steve Bodey, the maintenance man at a Colorado trailer park where the escapees fled. Six were captured in Colorado a year ago; the seventh committed suicide.
Bodey recalled how Newbury and the others arrived in a recreational vehicle on New Year's Eve. He said the men were posing as Christian missionaries and one escapee, Larry Harper, even attended Bible study classes with him.
"Did he seem to know his Bible pretty good," asked prosecutor Toby Shook.
"Yes, sir," said Bodey.
There were other indications, however, that the men were not who they claimed to be, said Bodey. One night, they stayed up late around a campfire.
"They were drinking beer and having fun," said Bodey. On another occasion, he saw Newbury without his shirt on. His arms and chest were covered with distinctive tattoos.
"The only person I had seen with tattoos like that had been in jail or in prison," said Bodey.
Judge Vickers Cunningham told jurors to disregard the comment.
More witnesses from Colorado are scheduled to testify Wednesday.
The trial is being broadcast live on Court TV.
|