Kristian Perdomo was found GUILTY of murder after roughly 40 minutes of deliberations. The sentencing phase will begin Friday at 10 a.m.
“The gun, the ballistics, the GSR, all the witnesses gave you that. They gave you that evidence so that when you go back to deliberate, you could do so without a worry.”
Jury begins deliberations after ADA Coltman spoke for roughly 10 minutes. They are made up of eight white women, two black women and two white men.
Coltman says on Perdomo wearing the outfit that witnesses described and having a receipt for the exact ammo used:
“That’s a hell of a coincidence. That’s not beyond a reasonable doubt, but it’s pretty damn close. And the evidence doesn’t stop there.”
He follows this up by saying: “And what after that? They found a gun in a secret compartment that matched the murder weapon. And what was next to it? A red bandana… Folks we have flown passed a reasonable doubt at this point.”
“It would have been easier for the witnesses to just call it in and then go eat their Taco Bell. But they didn’t. They followed him… They called the police.” -ADA Noah Coltman
“No matter what the verdict, we will respect it.”Defense attorney Brett Harrison done after about 20 minutes.
ADA Noah Coltman will give the rebuttal and then jury will deliberate.
Harrison now brings up that the presence of GSR on Perdomo’s hands could have come from another officer. It’s impossible to determine.
Also, that Officer Williams made a mistake in wearing the wrong type of gloves when running the GSR kit.
Harrison says that one witness said the shooter was within a few feet of Brockman yet no blood was found on Perdomo’s clothes. Also, that no witness saw Perdomo’s face.
“Some people saw one thing and some people saw something else and came to an agreement… I’m not suggesting they were lying. But it’s not how it ought to be.” -Defense Attorney Brett Harrison
“I have all the faith in the world that you are going to deliberate the evidence consciously before you come to a decision.” -Defense attorney Brett Harrison
“He shot him in the head. That’s murder. And you don’t need any advanced degree to understand that.” – ADA Emil Mikkelsen
He’s done after about seven minutes. Defense attorney Brett Harrison is next.
“There is not necessarily a mysterious ‘whodunnit” murder mystery…It’s about the right to a jury trial. The evidence against Kristian Perdomo is strong.” -ADA Emil Mikkelsen
Jackson has finished the reading of the charge after about 13 minutes. Assistant prosecutor Emil Mikkelsen opens the prosecution closing arguments.
He opens with a joke about his accent from Denmark.
Jury now being read their instructions after defense rests while calling no witnesses. This will be followed by closing arguments.
Lawyers for both sides announce outside the presence of the jury that closing arguments will be held after the lunch break.
The prosecution rests their case in the murder trial for Kristian Perdomo. He will not testify on his own behalf.
A lengthy sidebar at Judge Jackson’s desk after an objection by the defense to a question from the State.
For the fact that they have to whisper during this, lead defense attorney Brett Harrison and assistant prosecutor Emil Mikkelsen were animated. They talked about seven minutes.
Both sides only asked about 3-4 additional questions and that ended her testimony.
Lloyd confirms that she only found particles because per their policy at DPS they stop at six or seven particles.
Prosecution: “So this is the most you’ll see on any GSR report?”
Back to the defense for questioning.
Defense: “Can you testify within a reasonable degree of scientific certainty when a gun was fired?”
Lloyd: “No, I cannot.”
Defense passes questioning back to prosecution.
Lloyd testifies that the GSR particles were irregularly shaped. They are commonly spherical, but not always.
Defense now questioning Lloyd. She identified seven particles of GSR, meaning they had all three elements consistent with a gunshot. This was out of 3,500+. She also confirms that GSR is easily transferable.
Lloyd testifies that even though GSR kits come with gloves, they are not specially made. Meaning that you could wear other gloves while using the kit.
She says that wearing other gloves would not lead to cross-contamination. This is after yesterday Officer Williams with Tyler PD said he made a mistake and did not wear the gloves with the kit.
Jury brought in now. Prosecution now calls Rebkekah Lloyd, who analyzed the gunshot residue that was tested from Perdomo. It is their final witness in the case.
Judge Jackson is sustaining a prosecution objection that the defense can’t ask the GSR tester why the FBI has discontinued GSR testing.
The defense said not allowing the question would be a violation of 6th Amendement. They are taking 5 min. break before the jury is brought in.
A hearing is being held outside the presence of the jury debating whether the trace analyst will testify. It is the last witness for the prosecution.
The lawyers are going over the instructions that will be given to the jury later today. The prosecution still has one more witness to call. It will be a trace analyst for the gunshot residue test.
With the lawyers going over the jury instructions, this likely means that the defense has very few witnesses to call, if any at all.
TYLER, Texas (KETK) – Smith County prosecutors are expected to rest their case in the murder trial of a Tyler man accused of a 2018 shooting at a shopping center in broad daylight.
The defense is not expected to call many witnesses, if any at all. Before the jury was brought in Thursday morning, the two sets of attorneys went over the instructions that would be given to the jury.
28-year-old Kristian Perdomo is charged with killing 45-year-old Bradley Brockman by shooting him in the head near a Taco Bell at the intersection of Highway 31 West and Loop 323.
At the time of the arrest, law enforcement claimed that Perdomo was also the shooter in four other murders in a 10-day span. However, he has never been charged in those cases and it is not known why.
The jury has not been told about that suspicion of Perdomo in the other shootings, due to his Sixth Amendment right to a fair trial since he has never been charged for the other killings.
On Wednesday, prosecutors showed the jury bodycam footage of Perdomo’s arrest, roughly 30 minutes after the shooting. A police officer who had received word Perdomo might be headed her way pulled him over. The license plate matched what witnesses told police and it had trunk damage that was consistent with the getaway car as well.
The video showed Perdomo did not resist being taken into police custody. Although it was not shown on camera, officers put bags over his hands to potentially preserve gunshot residue evidence.
Officers gave a brief search of the car and found a receipt for ammunition of the same type of caliber used in the killing of Bradley Brockman. Police then got a search warrant to do a more thorough inspection.
This led to the eventual find of a gun that matched the type used in the shooting. It was stuffed behind a panel in the car.
A crime scene investigator also testified with several photographs from the shopping center. The scene featured images of blood-soaked clothes as well as the personal items of Brockman that were left behind.
The defense team objected to several pieces of evidence, including photographs and personal effects from the scene of the shooting.
Judge Austin Jackson overruled those objections and allowed most of the evidence to be presented to the jury.
The one exception was a panhandling sign that Brockman created. It read, “Please help keep my children dry and warm.” On the back of the sign was a statement about Brockman’s Marine Corps service.
Jackson said that it could cause too much of an emotional bias with the jury. The picture had been seen in bodycam footage, but it was rarely the focus of the video.