THE SCUFFLE
Music playing. People dancing. States influenced by Alcohol and drugs. Gangs signs being thrown into the air. People and personalities were bound to clash. At around 12:50am the dancing stopped, along with the music. A fight had broken out.
(Tr. R-IV at 18; 28; 82; and 93)
Santos and his father Israel had began to escort people off of the property, out into Clymer street. (Tr. R111 at 18; 29-30; and 83-84)
Bottles begin to fly from all directions. Some from the backyard towards Clymer street. Others from Clymer street back towards the yard.
(See File #2 using orage coloring you can see the gist of the flight areas from the thrown objects.)
Nearly a week later, Israel would claim that Quintin Lee Alonzo was one of the persons throwing bottles. Israel also claimed that Quintin was yelling "Vagos" and using gang signs. (Tr. R-111 at 18; and 30)
Nowhere in the record did any one of the 50 or so known witnesses see Quintin committing this act.
BULLETS BEGIN TO FLY
After Quintin allegedly began yelling "Vagos" and throwing beer bottles, Israel then claimed to have shoved Quintin down towards the street. He was said to have got off of the ground and came back with a .38 caliber revolver handgun held in his right hand. (Tr. R-111 at 35-38)
Israel felt the first shot "graze" him with just a small sting under an unidentified arm. (Tr. R-111 at 38 and 93)
At the same moment, Israel stated on record, he heard Santos yell "I have been shot". (Tr. R-111 at 39)
Israel immediately felt another sting on his left elbow, then again on his left hip. (Tr. R-111 at 39)
Israel claimed to hear a total of six gunshots. (Tr. R-IV at 41)
Cynthia also felt the sting of a gunshot in her left breast area. (Tr. R-111 at 84) She did not see any shooter.
Santos was shot one time in his left arm. The trajectory was back to front and downwards. (Tr. R-111 at 147-153)
Santos was pronounced dead at 1:19am, June 09th 2011 at Parkland Hospital, Dallas County, Texas. (Tr. R-111 at 153)