POSTED: Thursday, January 31, 2013 - 6:09pm
UPDATED: Friday, February 1, 2013 - 9:28am
Jurors today heard testimony from the police officer who wanted to arrest Eric Barajas for DWI on the night of the accident.
But the officer may have had other motives for wanting to arrest Barajas - his testimony suggests Barajas may not have been drunk when he hit the two pedestrians, and the two pedestrians may have been at fault.
On October 29th, 2009, 22 year old Angela Gonzalez and 26 year old Orlando Figueroa left a nightclub and were jaywalking across Lee Treviño when Eric Barajas hit and killed them with his car.
The defense argues the two were drunk and that they walked right into traffic and caused their own deaths. A blood test revealed Angela's blood alcohol level was 3 times over the legal limit, and Orlando's was almost 2 times over when they crossed the street illegally.
The prosecution insists Barajas was driving drunk when he killed the two, but the cop who wanted to arrest Barajas for DWI admitted he may have had another motive for accusing Barajas of drinking and driving.
"He was actually operating under a quota where he had to make arrests for dwi or he wouldn't be able to earn overtime," said defense attorney, Theresa Caballero.
"And our client was not arrested that night, he was allowed to go home. But that officer wanted to arrest him but he was told by his higher ups, you are not going to arrest him because he may not be at fault," said defense attorney Stuart Leeds.
Even though Eric Barajas was not arrested for DWI that night, authorities ordered the hospital to draw his blood to test his alcohol limit, but the results of that blood test have not been brought up in court.
The defense also revealed police had arrested Angela Gonzalez for public intoxication in the past, eight months before the 2009 accident.