D.A. Palmer: Delacruz A Violent Threat to Society Since he was 14.

SAN ANGELO, TX -- District Attorney Allison Palmer added layer upon layer of evidence against Isidro Delacruz during the punishment phase of testimony Monday beginning with the Residential Director of the Roy K. Robb Residential Treatment Center for Substance Abuse.  

Frank Tipton testified that Delacruz had a history of non-compliance with facility rules even punching a hole in the wall of his room and having to be separated from other residents.  Tipton testified that it took Delacruz 12 months to complete a 9 month substance abuse treatment program, conceding that his completion time was average. Tipton acknowledged that Delacruz had three months of setbacks in a nine month program.  Upon cross examination by defense attorney Will Boyles, Tipton admitted that Delacruz had impulse issues and anger issues when he arrived and when he completed the program, even saying Delacruz said he was still going to use alcohol and marijuana after the program.  

Palmer then called Tanya Bermea back to the stand.  Defense attorneys objected to her testimony on relevance to the punishment phase of this trial.  Judge Woodward over ruled that objection.

Tanya Bermea was emotional on the stand as Palmer questioned her about a Nov. 2013 incident at her home on Houston St. where the police were called and Delacruz was arrested.  Bermea testified that Delacruz was jailed during that incident and remained in jail for almost a year. He was released on the Wed. Aug. 27, 2014 days before he killed Naiya on Sept. 2, 2014.

Bermea testified that they had been fighting in 2013 and she left a necklace in her mailbox for Delacruz to pick up so she wouldn’t have to see him.  She said she was in the house with the lights out when he arrived. Instead of taking the necklace and leaving, Bermea testified that he forced his way into the house and began beating her on the floor in the living room.  She said she took Naiya and put her in her car when she saw that all four of her tires were flat. She testified that Delacruz flattened her tires.

Bermea then testified that she took Naiya back into the house and put her to bed.  She said Delacruz continued to assault her. She said he followed her outside her house and choked her until she lost consciousness and urinated on herself.  That’s when SAPD officers arrived and Delacruz was arrested.

While Bermea testified, Delacruz put his head in his hands and sobbed at the defense table.  

Bermea testified that the death of her daughter at the hands of Delacruz caused her to be diagnosed with Post Traumatic Stress Disorder and she is now unable to keep a full time job.  

Defense attorneys attempted to question Bermea about her past interactions with Child Protective Services and if she had a criminal record.  Palmer objected to that line of questioning and Judge Woodward sustained Palmer’s objection so defense attorneys couldn’t present the jury with any evidence about Bermea’s past.  

Judge Woodward released the jury for lunch and continued hearing from attorneys.  Defense attorney Cowie told the judge that he wanted specific questions on the record for Delacruz’s appeal.  Woodward allowed him to enter into evidence the questions he would have asked Bermea outside of the jury. Cowie said he would’ve asked her about domestic violence issues where the police were called, incidents where Child Protective Services were called on Bermea concerning Naiya, assault incidents in which Bermea used a belt and a knife, and other testimony that would’ve given the jury a picture of Bermea as a violent person.

After the lunch break, Defense attorney Boyles filed a motion in Limine that no testimony be allowed about bad acts of anyone but Delacruz.  The judge approved that motion.  Basically, that means that no evidence of criminal activity by anyone other than Isidro Delacruz can be presented to the jury.

Next on the stand was Kenny Dixon.  Palmer called Dixon because he made the 911 call during the incident on 2013.  He testified that he heard screaming and couldn’t tell where it was coming from.  Dixon at the time lived on Waco St. one block over from Houston St. in the same block.  He testified that Police Officers arrived and they both heard another scream and the officer went to investigate.  

Palmer then called the investigating officer in the 2013 incident, Officer Emory McAndrews.  He testified that responded to Dixon’s 911 call then heard the scream and drove to Bermea’s house where he saw Bermea and Delacruz getting up off the ground.  He said Delacruz let go of Bermea and put his hands up. He testified he smelled alcohol on Delacruz and arrested him.

Palmer entered photos of that incident into evidence.  

Next on the witness stand was SAPD officer Keith Lane. Lane testified that he was the second officer on the scene in 2013 and he interviewed and photographed Tanya Bermea.  He said she was distraught and had marks on her throat and her head.

District Attorney Palmer continued to add layer upon layer of evidence against Delacruz.  Next up was a man who was assaulted in middle school by Delacruz.

James Ozbun, who now lives out of state, testified that Delacruz and his brother assaulted him on a playground at Lincoln Junior High School in 2004 when he was 12 and Delacruz was 14.  He said the assault was because the other boys took his glasses and broke them. Then they had him on the ground and were kicking him. He said the attack caused his mother to move him from Lincoln to Robert E. Lee middle school.  

Palmer then called SAPD Officer Bobby Elrod.  Elrod was the officer who investigated the attack on Ozbun at Lincoln in 2004.  He said he arrested three suspects; Isidro Delacruz, 14, Lorenzo Delacruz 12, and Freddy Perales, 12

Next to take the stand was SAPD officer James Hernandez who testified that he arrested Isidro Delacruz for possession of marijuana and drug paraphernalia on Nov. 23, 2008 by the skate park on River Dr.  Delacruz was with two juveniles in a white car at the time.

Palmer then called SAPD officer Cris Soto to the stand.  Soto testified that she responded to an assault at the Carver Learning Center where Delacruz was accused of assaulting a 72-year-old teaching assistant.  

The last witness Monday was SAPD Crime Scene Technician Deanna Garcia, who had testified during the guilt and innocence phase of the trial.  Palmer led Garcia through 20 exhibits of judgements from various courts. Many of the judgements included fingerprints from Delacruz. Defense attorneys objected to those judgements that didn’t have Delacruz’s fingerprints on them.  Judge Woodward said he would look at those exhibits and the law and make a ruling by Tuesday morning.

At the end of Monday’s testimony, D.A. Palmer said she planned on calling witnesses throughout Tuesday and into Wednesday.  Defense attorney Cowie told the judge that scheduling issues would only allow some expert witnesses to testify on Friday.

At the end of testimony, Judge Woodward will give the jury a charge, or instructions about what evidence to consider and the range of punishment.  The jury will then decide whether to sentence Isidro Delacruz to life in prison without parole or death by lethal injection.