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LAS CRUCES - A jury Friday evening found a Las Cruces man guilty of all but one criminal count in an altercation with a Las Cruces Police Department K-9 officer in 2008 that ended with a man being shot multiple times.
After a brief chase in central Las Cruces, James Weaver allegedly crashed into a wall and then backed over Officer Edward Villareal after Villareal tried to pull him over for running a red light at about 2 a.m. Nov. 29, 2008. The jury found him guilty of aggravated assault with a deadly weapon, resisting arrest and running the red light, but was hung on a charge of aggravated battery against Villareal.
Defense attorney Paul J. Rubino of Las Cruces said in closing arguments Friday that Weaver didn't know Villareal - who paused for another car coming through the intersection in the initial chase - was pursuing him; canine officers do not consistently use their sirens when carrying their dogs because it can upset them.
Rubino argued that Villareal was not a credible witness - that he was never run over and that Weaver's car was incapacitated after the crash and therefore couldn't back over Villareal.
"(Villareal) got out of the car, amped up on adrenaline, tripped in the street and came up shooting," Rubino said.
Two neighbors even testified Villareal had neither his lights on nor shouted any commands to Weaver after showing up on the scene, Rubino noted. In addition, Rubino said there should have been rubber marks left on Villareal's uniform.
"Villareal
The state's sequence of events was quite different. Deputy District Attorney Nelson Goodin argued that Villareal saw Weaver reach down to his floorboard, and come back up, potentially with a weapon, and that Weaver backed up over the officer when Villareal exited his vehicle. At one point, Villareal was under the truck, watching its tires spin as Weaver stared him down, Goodin said. Villareal was able to get up and fire his weapon after Weaver drove the truck forward, according to the state.
"He's going to run from this cop, no matter what it takes," Goodin said.
Weaver, who filed suit against the city in November, alleging he suffered great bodily injury as a result of the shooting, did not testify.
It's unclear what will happen in the case going forward. The 3rd Judicial District Attorney's Office will now decide if they want to re-try on the charge of aggravated battery against Villareal, Goodin said.
Ashley Meeks can be reached at (575) 541-5462.
