SAN ANGELO, TX — San Angelo Police Officer Marcus Rodriguez wiped away tears as he looked at a picture of 5-year-old Naiya Villegas lying on the living room floor with a fatal neck wound as medics worked desperately to save her life.
Rodriguez was the first SAPD officer on the scene at the house on Houston St. where the little girl had her throat cut on September 2, 2014. The man accused of doing this, 27-year-old Isidro Delacruz, is on trial for capital murder and he wiped away tears as well when District Attorney Allison Palmer calmly displayed the picture on the large screen in front of jurors.
There were gasps in the courtroom as Palmer methodically questioned Rodriguez about the photo. It showed the girl lying on the carpet in the small living room while medics worked to stop the bleeding in her neck wound and helped her breathe. She was transported to the hospital where she later died.
Tuesday afternoon’s testimony from Officer Rodriguez followed the cross-examination of the day’s first witness, Sgt. Doug Thomas who was the lead criminal investigator on the scene. Defense attorney William Boyles questioned Thomas about how evidence is collected and about removing the bathroom window and sending it to the Department of Public Safety Crime Lab in Lubbock. Thomas testified he supervised that process. He was the officer who found the butcher knife presented into evidence Tuesday morning and described the crime scene for jurors through hundreds of photos showing what he called a ‘gruesome’ ‘disturbing’ and ‘bloody’ crime scene.
The jury also watched the gut churning in-car video from Officer Rodriguez’s patrol car but not before District Judge Ben Woodward had it played without the jury present. Defense attorneys objected to the 11 minute video. Woodward overruled their objections and allowed prosecutors to present the video into evidence and play it for the jury.
The bailiff turned out the lights in the small courtroom on the first floor of the Tom Green County Courthouse. Jurors reacted emotionally as the video played.
The in-car video included audio and jurors were told by Officer Rodriguez that the voices they would hear would be his along with Isidro Delacruz, Tanya Bermea, Jesusita Bermea, Elizabeth Delacruz, and Police Officers Snider and Hasty.
The video shows Rodriguez turn onto Houston St. as he is flagged down by Jesusita Bermea, Tanya Bermea’s mother and Naiya Villegas’s grandmother. She yells at the officer that something was wrong with her granddaughter at the house down the street. The video then shows Rodriguez drive up to the residence with a green Chevy SUV parked out front. His patrol car is facing the SUV with his lights on. Rodriguez exits his patrol car and runs to a tree in front of the house where Tanya Bermea is lying on the ground kicking her legs and screaming.
Some jurors cringe as Tanya Bermea screams, “My daughter! My daughter!” The video then shows Officer Rodriguez run out of view toward the front door of the residence which isn’t visible, but he is wearing a microphone attached to the in-car recorder. Rodriguez testified he saw Isidro Delacruz walking toward the front door of the house which was open. He arrived there just after Delacruz and saw the little girl laying on the floor bleeding from a neck wound covered with paper towels. Rodriguez said that’s when he called for an ambulance. Delacruz at that time is yelling and Bermea is screaming from the front yard.
Rodriguez is heard on the video asking Delacruz what happened. Delacruz is heard yelling,”She cut her throat!” Tanya Bermea is screaming outside, “My daughter! My Daughter!”
Rodriguez testified that he witnessed Delacruz trying to stop the bleeding on Naiya’s neck. About that time, Officer Snider arrives and kneels down with Delacruz beside Naiya. The video shows Rodriguez then reappear in the front yard with Tanya and Jesusita Bermea. He excitedly asks them what happened several times. Tanya then says, “He cut her throat!” and screams uncontrollably.
Jurors in the darkened courtroom gasp. Some cover their mouths at the screaming. One looks away and grimaces briefly. The bailiff passes out tissues as some jurors tear up at the disturbing video while the screaming continues.
The first ambulance arrives and medics begin treating the little girl. As medics arrive, Police Officers take Delacruz out of the house, place him in handcuffs and take him to a patrol car. Delacruz is cussing the officers and being uncooperative on the audio and video. When he is taken out of the house, Tanya Bermea still there, outside. He keeps yelling at her, “Shut up. Shut up. Shut up.” It’s not clear, but it sounds like Tanya Bermea is saying he did this, he cut her daughter's throat.
Jurors can’t take their eyes off the screen, and it appears that they can’t believe the disturbing scene they are watching.
The video shows officers taking Delacruz behind an ambulance out of view. The audio continues as officer Rodriguez testifies that they placed Delacruz in the back of a patrol car. Rodriguez testified that he called for a second ambulance when he handcuffed Delacruz in the house because he saw a deep cut on the back of Delacruz’s left upper arm.
The video ended when Delacruz was placed in the patrol car.
Rodriguez testified that he examined Tanya Bermea and she had knots on her head as if she had been beaten. He also testified that Jesusita Bermea was having trouble breathing and didn’t have her inhaler with her, so medics treated her at the scene. Ultimately, the Bermeas were taken by ambulance to the hospital.
Palmer’s carefully crafted and expertly executed the presentation of Rodriguez’s testimony including the picture of Naiya and the in-car video ended when she passed the witness for cross examination.
Defense attorney Richard Cowie cross examined Officer Rodriguez. Cowie said the video showed Isidro Delacruz screamed over and over again to get a medic for Naiya. Rodriguez confirmed that was the case. Cowie then said the audio showed Delacruz was the only one who tried to stop the bleeding before medics arrived. Rodriguez also acknowledged that.
Officer Rodriguez testified that Isidro Delacruz smelled of alcohol and his speech was slurred. He also testified that Tanya Bermea smelled of alcohol.
Testimony ended at about 5:15 p.m. and resumed Wednesday morning at 9:00 a.m in the Tom Green County Courthouse. The prosecution’s case is expected to take the rest of the week. Then defense attorneys will present their case which may take a week or longer as well.
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