Levi Chavez trial, live blog day 15

July 1st, 2013 at 9:32 am by under Latest Posts

KRQE News 13 Reporters Amanda Goodman and Alex Goldsmith are in the courtroom covering the Levi Chavez trial.

Levi Chavez is accused of shooting and killing 26-year-old Tera Chavez with his department-issued handgun in their Los Lunas home, and of trying to make her death look like a suicide because prosecutors say she was about to report him for insurance fraud. He is charged with first-degree murder and evidence tampering.

Live Updates @krqe_agoodman, @alexg_reporter #LeviChavez (most recent updates are displayed first)

  • court in recess until tomorrow morning. #LeviChavez
  • Judge denies the motion.. says there is sufficient evidence to go to a jury #LeviChavez
  • Serna again asks for directed verdict of acquittal on both counts– McKay now arguing against that. #LeviChavez
  • Serna says this should never have been allowed to go as far as it has #LeviChavez
  • Serna going off on Det. Jones now.. #LeviChavez
  • Serna says nothing presented has tipped the case from suicide to homicide #LeviChavez
  • Serna says state has not show any evidence to support ‘tampering with evidence’ as charged in the indictment #LeviChavez
  • Serna asking for a directed verdict of acquittal by the Judge.. #LeviChavez
  • Judge says there are some matters that need to be handled this afternoon outside the presence of the jury though sent them home. #LeviChavez
  • Joshua done, Serna does not have any questions, says only, I’m sorry for your loss” Joshua steps down, the state rests #LeviChavez
  • Joshua says the last time he saw Tera it was “like she had opened her eyes” #LeviChavez
  • Joshua says at any given time Tera had a number of diaries. #LeviChavez
  • Tera’s twin brother Joshua Cordova on the stand now. #LeviChavez
  • Hello from #LeviChavez… looks like Tera’s twin brother is going to take the stand for the state next, believe he is the last witness.
  • Handing over the tweeting to @krqe_agoodman so I can work on my 5:30 report. #LeviChavez
  • Firearms expert excused but subject to recall. Court is on 10 minute recess. #LeviChavez
  • Serna: Wouldn’t a shooter who shot themselves lose their grip on the weapon after it could chamber another round? #LeviChavez
  • Serna comparing ADA guidelines for door latches, shower handles with amount of pressure to release magazine. #LeviChavez
  • Serna done with cross-examination of firearms expert. #LeviChavez
  • Firearms expert: Det. Jones tugging to remove the magazine makes sense because gun can’t be sent to state crime lab loaded. #LeviChavez
  • Serna has been holding the gun without gloves this entire time. #LeviChavez
  • Serna making point that if gun was held upside down, magazine release easier to hit accidentally. #LeviChavez
  • Serna holding #LeviChavez gun without gloves yet again, holding it upside down, pointing it at himself.
  • Firearms expert now inside jury box showing the back row, repeating demonstration several times. #LeviChavez
  • Jurors are taking a very close look at what the firearms expert is showing them. #LeviChavez
  • Firearms expert showing jury closeup look of blood stain on gun, magazine. Gun isn’t loaded this time. #LeviChavez
  • Firearms expert says pattern of blood makes it likely magazine was unseated. Serna trying to prove opposite point. #LeviChavez
  • Serna asking for permission to touch the gun. Judge says he better have gloves on. He already touched it when he didn’t. #LeviChavez
  • Det. Aaron Jones testified earlier that magazine was unseated but tough to remove because of coagulated blood on magazine. #LeviChavez
  • Serna showing crime scene pics to call into question whether there were blood stains on the magazine or near magazine well. #LeviChavez
  • Gun is now unloaded, magazine is unloaded. Serna feels he’s proven his point. #LeviChavez
  • Magazine loaded in the gun, firearms expert walking up to jury with the weapon. #LeviChavez
  • Serna trying to get firearms expert to demonstrate that full magazine sticks out a little when loaded. #LeviChavez
  • Firearms expert now loading magazine with ammunition. #LeviChavez
  • Firearms expert: “With your permission your honor.” Judge: “Just don’t point it at anyone”#LeviChavez
  • Serna asking firearms expert to put loaded magazine in gun, but make absolutely sure there’s no round in chamber. #LeviChavez
  • Serna showing firearms expert probable cause statement from Aaron Jones with no mention of unseated magazine. #LeviChavez
  • Firearms expert: Glock design has magazine stick out further than on other weapons.#LeviChavez
  • We’re back in session, Serna cross-examining state’s firearms expert. #LeviChavez
  • Court expected to start back up again at 1:30#LeviChavez
  • Serna’s term to cross-examine firearms expert, but he’ll have to wait until after lunch break.#LeviChavez
  • Firearms expert now talking about holster, says it requires a couple of steps to remove gun from it.#LeviChavez
  • Firearms expert: In this case the magazine is very close to being seated, not a clear cut case.#LeviChavez
  • Firearms expert: Only way round could chamber is if someone pressed the magazine release button after the gun is fired. #LeviChavez
  • Firearms expert: Even if magazine is barely unseated, the next round will not chamber.#LeviChavez
  • Firearms expert says he consulted with Det. Jones about Jones’ claim that magazine was unseated. That drew objection from Serna.#LeviChavez
  • Firearms expert: Very difficult to determine if magazine was fully seated or not from pictures provided. #LeviChavez
  • Firearms expert: A lot of variance in where casings end up, depends on the shooter themselves. #LeviChavez
  • Firearms expert: Shell casings ejected to the right and rear of the gun. #LeviChavez
  • Firearms expert: 5 lbs of pressure needed to release magazine, 8.5 lbs of pressure needed to fire. #LeviChavez
  • Firearms expert demonstrating how magazine drops free when release button is pressed.#LeviChavez
  • Firearms expert explaining how another bullet is loaded into the chamber if a magazine is inserted. #LeviChavez
  • Radosevich demonstrating how Glock, semi-automatic pistol works for jury. #LeviChavez
  • State calls Mark Radosevich, firearms expert. Expecting him to focus on detached Glock magazine. #LeviChavez
  • Fingerprint expert excused. #LeviChavez
  • No fingerprints, not even Tera’s were on the gun. Impossible to tell whether gun was wiped clean.#LeviChavez
  • No fingerprints on spent bullet casing, magazine itself. #LeviChavez
  • Fingerprint expert: No usable prints on the weapon. #LeviChavez
  • Fingerprint expert looking at Glock handgun next to Tera that she examined. #LeviChavez
  • McKay has qualified Garcia as an expert; she’s now talking about “latent” fingerprints.#LeviChavez
  • State calls Shirley Garcia, retired DPS forensic scientist focusing on fingerprint identification.#LeviChavez
  • Brookreson now off the stand. Judge giving jury a 15 minute break. #LeviChavez
  • McKay pointing out that Chavez home laptop can be moved, that cell records don’t disprove#LeviChavez was using it at any given time.
  • Serna done with cross-examination. McKay doublechecking phone records before asking Brookreson more questions. #LeviChavez
  • Brookreson reiterates to Serna that it’s nearly impossible to say for sure who was on the computer at a given time. #LeviChavez
  • Serna focusing now on temporary internet files that were deleted about a week before Tera’s death. #LeviChavez
  • Judge calls timeout to give the jury a break.#LeviChavez
  • Brookreson had small role in civil suit against city of Albuquerque, #LeviChavez
  • Those depression-related searches were made in mid-April before Tera’s death in October 2007.#LeviChavez
  • Serna now focusing searches for “signs of depression” and depression drug Lexapro on Chavez computer #LeviChavez
  • Serna highlighting for jury that Tera was using the computer at times. #LeviChavez
  • Serna making point that other articles, searches took up far more time than “How to Kill Somebody” did. #LeviChavez
  • “How to Kill Somebody” article was looked at for approximately 30 seconds in 2006. #LeviChavez
  • Serna reading verbatim from “How to Kill Somebody” article, trying to show how Tera wasn’t killed with suggestions in it. #LeviChavez
  • Serna showing link to article on “How to Kill Somebody” that was read less than a year before Tera’s death. #LeviChavez
  •  Court is back in session with David Serna cross-examining Michael Brookreson, digital forensic investigator. #LeviChavez

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