Affidavit from Second Witness

I was walking on Pleasant Valley and had stopped near the fire hydrant
when I saw the police car stop in front of the stop sign. I saw
this guy run from the suburban and a white unmarked police car went
after him and brought him back after I had heard the shot. I
really didn’t get a good look at this guy but he had facial hair and
dark long hair pulled back like a pony tail. I think he was
Hispanic and may have been 22 years old.

I saw the female officer telling this other Hispanic guy to "get on the
ground." I think she told him once or twice. They were on
the passenger side of the suburban near tall grass. They were
actually between the sidewalk and the street curb. I hear the guy
say "weapon" but I didn’t see anything in his hands. I saw him
get on his hands and knees and saw the female officer with her left
hand trying to put him on the ground and she was kinda kneeling with
her left hand and knee. I saw her with a gun in her right
hand. I saw he was lying flat. I don’t know if the guy was
fighting with the officer or resisting because I did not see
that. I thought that the police were going to arrest him and put
him up. I walked off back to my house but then I heard a shot….

Signed and notarized June 10, 2005

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