Wednesday, January 12, 2000
Witness testifies she saw shooting
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — Mary Taylor thought she heard a firecracker and looked out her apartment window.
Ms. Taylor testified in court Tuesday that she saw Manuel Ramirez Garcia pointing a gun at Jose Juan Hernandez under a street lamp.
Mr. Garcia shot Mr. Hernandez twice and then, while standing over the wounded man who lay on his back, he shot him two more times, she said.
“I have nightmares about it,” Ms. Taylor said in Butler County Common Pleas Court. “I see it all the time.”
Mr. Garcia, 21, of Hamilton is on trial for murder. Because he's a native of Mexico and speaks limited English, an interpreter is translating the trial proceed ings into Spanish.
The shooting occurred on June 25 in the 700 block of Buckeye Street in Hamilton. Mr. Hernandez, 30, of Hamilton was taken to Miami Valley Hospital in Dayton, where he died.
This is Mr. Garcia's second trial for this charge. His first ended in a mistrial in December when a prosecution witness told the jury about a previous arrest.
Mr. Garcia waived his right to a jury trial this time. Judge Patricia Oney will issue a verdict.
The trial might end today. If convicted, Mr. Garcia could receive a life sentence.
After the shooting, Mr. Garcia ran away and Mr. Hernandez lay bleeding in a front yard, Ms. Taylor said. She said she immediately called 911.
In the first trial, Jesus Martinez, a friend of both men, had testified that he saw Mr. Garcia shoot Mr. Hernandez four times.
But Mr. Martinez, who had been subpoenaed as a prosecution witness, failed to show up for for court Tuesday.
His brother, Jose Martinez, testified that his brother went back to Mexico after Christmas.
Judge Oney allowed a tape of Jesus Martinez' testimony in the first trial to be played in court Tuesday.
Jesus Martinez, Mr. Garcia and Mr. Hernandez had been drinking beer outside Jose Martinez' house before the shooting, according to testimony.
Police said Mr. Garcia told them he shot Mr. Hernandez because he said something offensive to him.
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Witness testifies she saw shooting
