The last people who saw a Tulare County Sheriffís deputy before he was gunned down shared their stories for the first time last Friday.

During the Aug. 28 preliminary hearing for 21-year-old Jorge Banda -- the man accused of killing Det. Kent Haws of Exeter -- two people testified as witnesses of the murder on Dec. 17, 2007.

Emma Toscano said that Haws pulled in front of her car and asked what she and her husband were doing parked in the rural area on Road 152 north of Avenue 344. She said she told the officer that they were waiting at the rural bus stop to pick up their granddaughter coming home from school in Woodlake.

ìHe asked if the man walking down the street was a passenger in our car,î she said. ìI told him that I did not know the man.î

Toscano testified that Haws told her he was checking out the area because there had been a series of ag crimes in the area, where someone was steeling copper wiring from wind machines. After talking with her, Toscano said that Haws drove south down the road where he saw a man walk out of an orange grove.

She said the deputy pulled over again and motioned for the man to come to his vehicle. After what looked like a brief conversation, Toscano said the man made a slight turn, then pulled out a gun and shot the deputy.

ìWe heard the shots,î Toscano said. ìI got real scared and worried that he was going to get us.î

Her husband made a quick U-turn and started to drive home while she called 911 from her cell phone. ìThe man was still pointing the gun at the officer when we drove away and the officer wasnít standing up anymore.î

In an interview following her testimony, Toscano said it could have been her instead of the officer who was killed.

ìIf we would have stayed he would have killed us,î she said. ìIn a way, I think the officer saved our lives.î

The second witness, Daniel Morales, said he was waiting to make a right turn from Avenue 344 onto Road 152 when he heard three shots.

ìI saw something fall out of the deputyís vehicle,î Morales said nervously. ìAs I drove by, I saw a man standing over the officer with a gun in his hands. In my rearview mirror, I saw the man fire one last shot and the body stopped moving.î

Their testimony, along with expert witnesses from the Sheriffís Department, provided Judge Darryl Ferguson with enough evidence to support that Banda had intent to kill before he pulled the trigger and that he associates with gangs in the Ivanhoe area.

Other Testimony

Sgt. John Brown with the Tulare County Sheriffís Department testified that he was in the area of Ivanhoe when he heard that shots had been fired. He arrived four to five minutes later where he found Banda, who matched the description of a heavyset, Hispanic male wearing dark clothing.

ìI told him to stop and put his hands in the air,î Brown said. ìI gave him verbal instructions to put his hands on the hood while I waited for backup.î

Brown said that Banda then told the officer that he had a gun in his right pocket that another deputy found during a pat down of Banda.

ìWhen we asked him what happened he didnít answer,î Brown said. ìHe seemed calm, almost callous [in his demeanor].î

Det. William Meek, with the Tulare County Sheriffís Departmentís Crime Lab Unit, testified that he took the weapon from another detective and determined that it was a Raven 25 caliber, semiautomatic handgun. He also said he found five shell casings at the scene, three close to Haws body and two about 20 feet away.

Dr. Gary Walter, who conducted the autopsy on Haws body, testified that Hawsí body had four gunshot wounds, including two shots in the center of the forehead and right cheek, two more in the chest where the bullet entered and exited and another that grazed the right side of his chest. He said the cause of death was the gunshot wounds to the head. He also testified that the killer used a 25 caliber semiautomatic handgun, which later testimony revealed as a match for the gun found during a deputyís search of Banda.

After Banda was arrested he was transported to the Main Jail where he was interviewed by Det. Lupe Shade with the TCSOís Violent Crimes Unit. While Banda was found mentally competent to stand trial following a juryís decision on Aug. 20, Public Defender Neal Pedowitz still maintained that his client has a limited mental capacity. Pedowitz questioned his clientís ability to comprehend his Miranda rights and asked Shade if she was assuming that he understood.

ìIn my opinion he understood [his rights],î Shade said.

ìBut you donít know for sure whether he understood them, do you?,î Pedowitz countered.

ìWe are taking for granted that everyone knows what the word ërightí means,î Pedowitz continued. ìI assume that most of my clients understand Miranda, but every now and then you run into someone that doesnít have a clue. Jorge doesnít understand what a ërightí is. I donít believe his confession was voluntary and knowing.î

Alavezos argued that Banda had chosen not to answer questions regarding the name of the gang member who sold him the gun. ìHe knows how to not answer questions and chooses which questions he answers.î

Gang Enhancements

In addition to homicide, Deputy District Attorney David Alavezos attempted to show that Banda was also a known gang member, allegations that would add more time to a sentence. Alavezos called Det. Steve Sanchez with the Sheriffís Departmentís Gang Suppression Unit to the stand.

Sanchez, who has had 200 hours of gang training and testified in court more than 2,000 times, said that Banda had a tattoo of three dots and one dot on his hand, a symbol of 13 used by the Sureno gang.

Sanchez also said that Banda was arrested wearing a dark blue shirt and socks up to his knees, both signifying gang affiliation.

ìHe purchased the gun three months prior to the crime from a BTL member,î Sanchez said, referring the Big Time Locos, a subset of the Sureno gang.

Sanchez said while Banda was being held at the jail awaiting his court date, he had a phone conversation with his brother who said a fellow Sureno gang member provided him with free soap, soup and other commissary items which are normally charged for.

ìDid he commit this crime for personal benefit with a gang?î Alavezos asked.

ìYes,î Sanchez replied.

ìIt brings notoriety to the gang. If you kill an officer it shows your gang is violent and radical and is a deterrent for other gangs who may fear retaliation.î

In the taped interview, which was played for the jury in the mental competency trial, Banda admitted to shooting Haws because he did not want to go to jail.

Bandaís next appearance in court will be Sept. 11.

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