Pubdate: Tue, 27 Jul 2004
Source: San Jose Mercury News (CA)
Copyright: 2004 San Jose Mercury News
Contact:  http://www.bayarea.com/mld/mercurynews
Details: http://www.mapinc.org/media/390
Author: Yomi S. Wronge
Bookmark: http://www.mapinc.org/people/rodolfo+cardenas

WITNESS: MERCY PLEA IN SLAYING

S.J. Man Yelled `Don't Shoot' Before State Agent Fired, Woman Says

Seconds after an undercover drug agent fired into the back of an
unarmed man, Rodolfo ``Rudy'' Cardenas raised his hands in the air and
begged for mercy, witnesses said.

``Don't shoot me, you've already shot me,'' Cardenas yelled, according
to a resident of a downtown San Jose retirement home who watched the
scene from her fifth-floor window.

Dorothy Duckett's eyewitness account of the events on Feb. 17 provided
a glimpse into the final moments for Cardenas, 43, who was gunned down
in a botched police chase.

Duckett's testimony came at the start of the second week of a criminal
grand jury hearing into the killing of Cardenas by state narcotics
agent Mike Walker. Walker had mistaken him for a parolee and said he
acted in self-defense when Cardenas pointed what looked to be a gun at
him.

Walker, 32, fired two bursts of shots. Cardenas didn't have a gun.
Police said they later found a four-inch pocket knife inside a
bloodied pants pocket.

Testimony in the criminal grand jury hearing -- which is open for only
the third time ever -- is expected to conclude today. The panel will
decide whether Walker acted in self-defense, or should stand trial.

Monday featured three other witnesses, including one of Duckett's
neighbors and an office worker, who said they never saw Cardenas with
a weapon.

Earlier in the morning, Walker finished his testimony. He appeared to
contradict earlier statements he gave to investigators.

Walker had said Cardenas was about 35 feet away when he first fired.
But on Monday, he said Cardenas was much closer, although he didn't
specify the distance.

Walker, who was working undercover at the time, said that he shed his
cover shirt during the high-speed chase and that by the time he faced
off with Cardenas in the alleyway, his uniform was clearly visible.

But Deputy District Attorney Lane Liroff pointed out that Walker's
cover shirt was found some distance from his unmarked car, suggesting
Walker may have still been unrecognizable as a law enforcement officer
when he opened fire on Cardenas.

Walker otherwise stuck to his basic defense that, in those frantic
seconds when Cardenas appeared to be planning an attack, he thought it
was kill or be killed.

``I wasn't going to wait to be shot,'' Walker said Monday.

One juror, in a written question to Walker that was read out loud by
Liroff, said, ``I question your judgment on the shooting . . .''

Cardenas' family members said they were encouraged that jurors were
scrutinizing the agent's statements.

``He was going to shoot either way, whether he felt threatened or
not,'' said his daughter, Regina Cardenas. ``He'd already made up his
mind.''

In addition to the agent's actions that day, people have questioned
why it took paramedics 12 minutes to reach Cardenas, who lost a
significant amount of blood at the scene and was pronounced dead
shortly after arriving at San Jose Medical Center.

But forensic pathologist Dick Mason, who did not perform the autopsy,
said the timing of the ambulance wouldn't have made a difference.

``Death was pretty much inevitable,'' Mason said.

The day closed with the jury receiving deliberation instructions.
They will hear one more witness before beginning their deliberations.
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MAP posted-by: Larry Seguin