Posted: Friday, August 8, 2014. 4:43 pm CST.
Friday, August 8, 2014. AARON HUMES Reporting: A jury of twelve was directed today to acquit 38 year old Wesley Emmanuel of murder charges in the death of 36 year old Emigdio (Emi) Gomez in July of 2008.
Justice Troadio Gonzalez refused to admit into evidence a caution statement taken from Gomez by police, ruling in a voir dire or trial within a trial that Emmanuel gave the statement under duress.
It was found that Emmanuel, while in police custody, was not fed for two days and this influenced his powers of judgment.
Crown Counsel Javier Chan closed the prosecution’s case without offering further evidence and the jury was duly directed by Justice Gonzalez.
Emmanuel was jointly charged with Jessie James Ochoa for the death of Gomez and attempted murder of Cornelius Schmitt on the Coastal Road.
Schmitt and Gomez were transporting a bulldozer when their truck was pulled over by three men posing as police officers.
Gomez and Schmitt were escorted to a car that was parked nearby and were then driven to an area off the Coastal Road.
Schmitt was shot three times but survived his injuries, while Gomez was found hanging from a tree strangled with his belt.
Ochoa was acquitted in December of 2010 during the first trial but a nolle prosequi was entered against Emmanuel, who was quickly re-arrested.
At his second trial in November of 2011 a jury was unable to reach a verdict and a re-trial was ordered.
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