Shocking Testimonies in Court Leave State Attorney Scrambling

SAN ANGELO, TX – Court was back in session Monday morning in the murder trial of Stephano M. Culbreath. The day’s court proceedings had a long list of civilian and law enforcement witnesses to be questioned and cross examined by both state and defense attorneys. Unfortunately, some of the witness testimonies did not go as planned.

Morning Testimonies

The morning began with Defense Attorney Jessica Skinner serving a subpoena to a representative from MHMR to release medical records for a future material witness with prior medical history. The MHMR representative told Judge Woodward that in order to fulfill this request lawfully, the judge must order a subpoena himself, have the owner of the medical files release the information on their own accord, or issue a court order. He further claimed that the requested medical information would be over 500 pages.

Judge Woodward noted that, “under HIPPA, [the requested medical files] are heavily protected,” to which defense attorney Skinner argued that the material witness’ testimony is “important to the case,” but, because “she has been diagnosed with certain medical issues,” her mental capacity has to be “vetted through information by the medical records.”

In the end, Judge Woodward allowed for the release of the medical records only to the attorney and himself for the time being, prioritizing the most recent medical records. He reminded the attorneys that “HIPPA is one thing, but the Texas Medical Privacy Act can be broadly interpreted.” Therefore, Woodward encouraged the attorneys to “be careful” in how they disclose the medical information as each illegal disclosure is worth up to a $500 fine.  

The first civilian witness brought to the stand that morning was Jacqueline Clauey, mother of the victim, David Titus. Clauey testified that she had only seen her son for a “few minutes” on the day that he passed away. State Attorney Allison Palmer then called Monica Rodriquez to the stand. Rodriquez testified that she was the mother of Titus’ child. She had just ended her relationship with Titus in January of 2015 after previously “living together on and off.”

Palmer further established Rodriquez’s relationship with Titus before asking if Titus had expressed any indication that he was afraid for his life.

“He had told me that he had a bad feeling that something [was] going to happen to [him],” said Rodriquez.  She further added, that she herself had fears for her own life. 

“I stayed home a lot … I was fearful for my son’s life,” she said.

Following Rodriquez’s testimony, Palmer called Eologio Viamontes to the stand. Viamontes is currently incarcerated in the Tom Green county Jail and has, prior to Monday, been charged with Assault causing Bodily Harm in 2015 and Unlawful Possession of a Firearm in 2016. Skinner objected to his testimony, stating that it could lead to “character conformity” for her client. The jury was ushered out, and Palmer went through the questions she had prepared to ask in front of the jury. Unfortunately, things did not go as planned.

Upon taking the stand, Viamontes explained that he had worked with Titus in the roofing business after moving to San Angelo from Fort Worth. Palmer, who had brought him in as a witness to a prior drug transaction between Culbreath and Titus, questioned Viamontes about the alleged transaction, to which Viamontes said, “I never made a transaction with [Culbreath].”  He claimed that he had said what he did because he felt threatened by the two detectives who had previously interrogated him.

Taken aback, Palmer firmly stated, “In a previous interview, where they never threatened by incarceration, you said you went to go take David Titus with you to Stephano to buy marijuana.”

“I tried to tell you the other day [that that wasn’t true],” retorted Viamontes.

“You told me you don’t want to be a snitch,” replied Palmer. "You said you took David Titus to go buy marijuana from defendant Stephano Culbreath.”

“I never saw David Titus with Stephano,” yelled Viamontes.

“That is not what you said in the interview," Palmer continued.

After several minutes of arguing, Viamontes stated that he had written a letter to the judge to “plead the fifth.”

Upon further inspection, the letter was found to have been written on January 24, 2017. Judge Woodward decided to dismiss the witness, and assign him a court appointed attorney. At this time, it is unknown if Viamontes will make an appearance during Tuesday's jury trial.

After Viamontes' shocking testimony, Vincent Pointe, general manager at a Stripes convenience store at the time of Titus’ murder, and Codu Mosly, an acquaintance to Titus, were both brought before the jury.

Pointe testified that he had been a friend of Culbreath, and would occasionally “have a cup of coffee” with him in the early mornings at Stripes. Mosly testified that she knew Titus, for he occasionally helped around the house, and that she had run into Culbreath on the morning of the murder at the Stripes convenience store. The same Stripes that Vincent Pointe worked for.

Afternoon Testimonies

Monday afternoon, Nancy Walker, 38, wife of Culbreath, also gave her account of the events on July 25, 2015.

Culbreath asked Walker to drop him off at the 7-Eleven on N. Chadbourne at around 8 p.m. It wasn’t until around 12:50 a.m. when he was asked to be picked up from the convenient store across from the El Patio lnn. When she arrived, he was not there.

She noted he had “lost his phone,” and had called from a number she did not recognize. After attempting to call the number back, there was no answer.

She recalled Culbreath eventually came walking from the side of the hotel and they returned to their home in the 3200 block of Groves Circle.

Walker then went to bed and heard Culbreath leave between 1 a.m. and 2 a.m. She didn’t attempt to ask where he went and didn’t see him until later that day. He came in for a brief amount of time and grabbed a pack of cigars she identified as the cigarillo brand, which is the same kind of cigars located on Culbreath’s person when he was detained. She also identified the phone that was taken as evidence from him.

After exiting the front door of their house, the police showed up moments later asking if they could search the house for Culbreath. The Chevy Suburban was still in the drive-way and police could not locate him at the house.   

Sometime after being detained, Culbreath called Walker and asked her to do a follow-up call with the police and tell them a bullet hole would be found in the kitchen area of their house. He told her police were not “cooperating” with him."

After searching the kitchen, she could not locate a "bullet hole." Eventually, she checked behind the kitchen stove and located an unfired bullet. She then informed the detectives about the discovery.

Walker also noted in her testimony that Culbreath was someone who sweats easily.

“He could walk out of a freezer and be sweating,” Walker said.

Kedrick Brown, an old downstairs neighbor of the Defendant, testified next. He was previously arrested for two adult felonies for possession of controlled substance and unlawful use of vehicle in 2014.  

Palmer asked if he knew Titus or Culbreath. He said he had met with both of them at the H&H Snack and Save, 2220 Howard St. He said he didn’t recognize Culbreath, and had only ever seen him when he lived below him as his neighbor. That day he noted the Defendant was "sweating a lot."

He did identify that Culbreath drove a Suburban; however, when asked to positively identify him in the court room, he said he could not locate him. When asked to look one more time, specifically to the Defendant’s side of the room, Brown still claimed he was not present.

Brown looked nervous during his testimony and was asked to articulate his responses because he would mumble some of the testimony. He responded to the State's questions, saying he either didn’t know, or couldn’t remember details about the event.  

Detective Adrian Castro with the San Angelo Police Department also gave his accounts of what took place during the investigation of the murder scene on W 13th and MLK Dr. He recalled that, when he saw the driver of a maroon Suburban driving down the 1200 block of N Irving, the car slowed down, came up next to an alleyway, and the driver began to turn the car back and forth towards the ally.

“It was obvious they wanted to turn,” Castro said.

The car continued to head down the street when the driver eventually made eye contact with Castro. At this time, the driver flinched back into his seat and continued through the intersection, Castro said.

“I found the whole incident odd,” he continued.

Immediately, Castro took down the license plate number and ran it through the police registration system. He saw it was registered to Nancy Walker at 3205 Groves Circle.

Castro positively identified Culbreath as the driver of the Suburban that day.

“He was sweating profusely,” Castro added, noting it was early in the morning and not very hot.

Skinner asked if it’s normal for people to feel nervous around police officers. Castro acknowledged that people do get nervous. Skinner also asked Castro if it could be considered rare or odd for police officers, detectives and crime scene technicians to be walking around a neighborhood.

“Not odd in that area,” Castro replied.

Skinner was focused in on two main points: first, that the defendant could have been nervous after making eye contact with an officer, and second, the nature of other drivers to slow down if they see officers on a side walk, or in a suspected crime scene.

Castro noted the traffic was moderately higher around the time he saw the Suburban. He said a lot of drivers were attempting to see the murder scene. Skinner noted that, during the “canvasing” (police search area and interview witnesses), Castro was on 12th and MLK when he saw the Suburban. Skinner said that street wouldn’t be a good vantage point to see the scene.

Castro agreed, but noted drivers would still be able to see the police tape and suspected Culbreath might have seen something similar, which might explain why he was attempting to turn down the alley from their original encounter.

Castro also noted finding a knife at the intersection of 12th and N. Irving and said the intersection hadn’t been blocked off until the knife was located.

He concluded it had to have been placed there recently as no damage was apparent from the cars passing over it.

After leaving the scene, Castro went to 3205 Groves Circle to see the Suburban from earlier. He noted there was damage on the front portion of the vehicle. There were visible paint smudges near the damaged portion. He also identified hand prints on the front of the hood.

He said it was consistent with someone who, if hit from behind while riding a bicycle, could fall to their front and place their weight against the hood to reduce the fall damage.

The defense questioned how this action would be possible if being hit from behind; also, while simultaneously in the act of falling, the victim being able to place both hands on the front of the vehicle didn’t seem plausible.

Castro said if someone was "athletic enough," this action wouldn’t be impossible. However, previously, the medical examiner noted that Titus was under the influence of narcotics and alcohol. He could have been in a euphoric or agitated state at the time of his death.

After contacting Nancy Walker, Castro received permission to investigate the Suburban. He then contacted CSI to perform a GSR (gunshot residue) test on the interior of the car.  

The last part of Castro’s involvement in the investigation included a follow-up interview with Loretta Mathis and Monica Ramirez. He was also present for the detaining of Culbreath and searched for a firearm in the vicinity of the area.

The court was called to recess, and is scheduled to continue at 9 a.m. this morning. 

For our previous stories on this case, visit here, here, and here.

Note: Cameron Niblock contributed to this story.