THE DPD INVESTIGATION
Detective J.E Simonton arrived on the scene,June 9th 2001 at 1:15am and stayed until 2:50am. In his report, dated: June 13th 2001, he noted finding "numerous alcohol bottles, scattered about the area". Some of the bottles at the scene were broken. (See Links/ File #3)
Lead Homicide Detective Rick C. Berry #6122 arrived on the scene between 2:00-2:15am, June 9th 2001.
(Tr. R-111 at 127)
He had 17 eyewitnesses rounded up and taken to the Dallas Police Department for questioning.
His primary investigation soon began to focus on Licho Escamilla, Juan Escamilla, Jose Escamilla and Frank Hernandez. (Tr. R-111 at 129-130)
Detective Berry strongly believed that Licho Escamilla was "the man" who shot Israel, Cynthia and Santos Gauna.(Tr. R-111 138-139 and 156-159)
They were all shot with the same weapon, a .38 caliber handgun. (Tr.R-111 at 136-137) That weapon was never recovered. (Tr.R-111 at 169)
Licho Escamilla drove a black 1994 Cadillac to and away from the party on June 8-9th 2001. (Tr. R-111 at 161) (It was owned by his brother Juan Escamilla). Numerous witnesses saw Licho and another man shooting from that parked Cadillac towards Isabel's home (Tr. R-111 at 162)
Det. Berry concluded that only three guns were fired during the altercation on June 9th 2001. (Tr. R-111 at 132)
Det. Berry admitted that initially, there was no evidence of Quintin's involvement in the incident during the first few days into his investigation. (Tr. R-111 at 156-157) Quintin's name came to him in the form of an anonymous 911 Tip phone call. (Tr.R-111 at 159)
While he still felt Licho was "a shooter" Det. Berry's full investigation turned towards Quintin Alonzo. (Tr. R-111 at 167) (compare files #4 and #5)
THE PLAYERS
Jimmy Brown and Jessie Urrutia lived next door to Isabel Gauna. Det. Berry never returned to the scene to hold further interviews with the neighbors, in regards to the "Cadillac shooter". Both Jimmy and Jesse had witnessed the shooting while sitting on their front porch. (Fed. Evid. at 179-180)
None of Det. Berry's 17 eyewitnesses ever mentioned Quintin as being one of the "shooters". Not one of them were even called to be witnesses in the trial against Quintin Alonzo. (Tr. R-IV at 182)
Nevertheless, Det. Berry put together a "Six photograph/ Six photo array" (States Exhibit #45) and took it to the hospital and showed Israel and Cynthia Gauna. (Tr.R-111 at 132)
Cynthia could not pick anyone from the line-up as the shooter. (Tr. R-111 at 139) Israel allegedly picked Quintin's photo as the shooter in question. (Tr.R-111 at 140-141)
Det. Berry's method ran contrary to Article 38.20 in the Texas Code of Criminal Procedure (Vernon 2011). As the reader will see coming up, Israel contradicted this "sure" identification.
DETECTIVE KATHY J. KREESE
Crime scene detective Kathy J. Kreese #4313, processed the scene on June 9th 2001. (Tr. R-111 at 113) She admitted that the scene lighting "was not real bright". (Tr.R-111 at 115 lines 11-13)
Det. Kreese took photographs admitted into the trial record as State's Exhibits 8-30, as well as drew diagrams later admitted as (State's Exhibits 31; 31a and 31b.) (see Links/File #6) (Tr. R-111 at 113-123)
Her written report, dated June 10th 2001, is exhibited at (see Links/file #7)
Jose Escamilla's black 1994 Cadillac (Tx. license plate No.do4-vkz) was impounded early on the morning of June 9th 2001. Jose signed a consent to search at 11:15am after swearing no guns or bullets were in his car, before lending it to Licho. (See Links/File #8) (Tr.R-111 at 160)
On June 20th 2001 Det. Kreese processed Jose's black 1994 Cadillac. Det. Kreese found a shell casing to a Winchester .38 special in a crack between the seat and the backrest of the right front passenger seat at the seat belt area. Her written report (See Links/File #6) (Tr. R-111 at 160)
In her report Det. Kreese admitted that the scene indicated a shoot out had occurred, and did involve more than one shooter. (Tr. R-111 at 124).
DR. JEFFREY BARNARD MD.
Dr. Barnard was the Chief Medical Examiner in Dallas County, Texas. (Tr.R-111 at 143) He was the the Director of the Southwestern Institute of Forensic Science. (SWIFS) and performed the autopsy on Santos Gauna. The autopsy case was numbered: 2178-01 and the report, admitted as (See Links/State's Exhibit #36), can be viewed at (See Links/File #10).
A single .38 caliber bullet entered Santo's left arms, then went into his left chest. The trajectory was downward. It went through the right lung, hitting his heart, then going through the right lung through the diaphragm, coming to rest in the liver. (Tr.R-111 at 148-151)
The bullet was recovered and admitted as (See Links/State's Exhibit #43.)
ROSIE LINDA SANCHEZ
The Prosecution tried to call Rosie to corroborate Israel's misidentification of Quintin. Rosie was a good friend of Santos. She heard a lot of "rumors" between the June 9th shooting and July 19th 2001 when she finally spoke to with Det. Berry. She then gave a sworn statement (Tr.R-111 at 94-98).
Rosie had left the party before police arrived. She also admitting to know that Police were looking for eyewitnesses. However, she waited five weeks to then allegedly identify Quintin.
In her July 19th 2001 police report (See Links/File #19) she admitted to only seeing "a fat guy shooting" and that no rumor included the name of: Quintin Lee Alonzo (Tr. R-111 at 102-104).
DANIEL BARRON
He was Santos first cousin. (Tr. R-IV at 23). He stood right next to Santos when he was shot. (Tr. R-Iv at 24). He knew Quintin by sight. He gave Det. Salverino a sworn statement the morning of June 9th 2001, entered at trial as (See Links/State's Exhibit #52). Therein, he swore that Quintin was not the "shooter". (Tr. R-IV at 26-30) (See Links/File #20).
However, two weeks before the Trial of Quintin Alonzo, Daniel changed his story and then claimed he told Det. Salverino no such thing. (Tr. R-IV at 38-40)
Daniel did also remember Det. Berry showing him, Israel and Cynthia the "Photo Array" (SX-45) at Isabel's home, which contradicted Det. Berry and Israel. Defense counsel did not follow up. (Tr. R-IV at 40-41)
OTHER TRIAL WITNESSES
Antonio Garza saw the scuffle and swore that Quintin Alonzo was not involved. (Tr.R-IV at 44-49) Lucy Elizabeth Montoya also saw the scuffle and swore Quintin Alonzo was not involved. (Tr. R-IV at 76-80) Jessica Garcia also saw the scuffle and swore Quintin Alonzo was not involved. (Tr. R- IV at 138-148).
NON-TRIAL WITNESSES
Daniel Baxter; Eliseo Chavez; Lucinda Barron; Juan Lucio; Tony Tovar; Enrique Rojas; Joe Martinez; Fransico Perez; Celeste Nicole Gonzalez; Juan Hurtado; Anastacio Gonzales Jr.; Albert Escamilla; Jesse Mendoza; Miguel Tamayo; Jamie Gonzales; Edward Rodriguez; Peter Vong Chauniamay; Juan Escamilla; Jose Alfonso Escamilla Jr.
All of these people attended the June 8-9th 2001 party. They were all witnessed the scuffle and the shooting. All gave sworn statements to the police. None of them remotely identified Quintin Alonzo as being a part of the scuffle nor as being the shooter.
26 OTHER POTENTIAL TRIAL WITNESSES
Police, Prosecutors, and Defense Counsel never bothered to obtain statements from the below mentioned eyewitnesses.
Corrina Conally; Jose Cervantes; Jessie Urrutia; Maritza Silva; Denise Alvarez; Mario Casarez; Juan Torrez; Alex Ortiz; Roxanne Rodriguez; Gabby Moya; Gabrielle Perez; Carlos Lucio; Miguel,Javier,Thomas,Chucky,Frank and Melissa Gonzales; Mike,Stephanie,Jesse Barron; Alf, Romero,Rene,Phillip Myla.
Every one of them is mentioned in statements and Trial records as being present at the June 8-9th 2001 party. No one will ever know as to what they saw, heard or witnessed.