Sep 24, 2013 5:58 PM
ALICE - Testimony on the second day of Vidal Ben Garcia's murder began with the medical examiner saying Garcia's common-law wife, Kimberly Gonzales died from a single shot to the mouth.
Gonzales was found dead inside the Texas Health and Human Services Department women's restroom in January 2012.
Garcia claims it was a suicide, but the medical examiner testified the shot went straight back in the mouth, rather than an up shot which is most common with suicides. The medical examiner continued on by saying most females shoot themselves in the chest rather than the mouth.
Thomas White a trace evidence analyst with the state confirmed gunshot residue on Garcia's jacket, shirt, and jeans he was wearing during the time of the incident. There was no trace of gunshot residue found on Garcia's hands, it was discovered during trial the evidence was taken by law enforcement more than four hours after the time of the homicide. A key factor because White says after four hours studies confirm particles are able to rub off from normal daily activities.
He emphasized GSR tests confirms a person was near a firm arm during the time it was discharged or touching it after it was discharged. It doesn't confirm who pulled the trigger or the the gunshot residue came from that specific incident.
White testified it's department policy not to test evidence after the four hour time frame. He says he misread the time on the form, and knowing now the new time he wouldn't have tested the evidence.
After the lunch break prosecutors will play the hour and a half long taped statement Garcia gave to police. In it he will talk about having no knowledge of what took place inside the bathroom stall and that he hide the gun he found inside the stall in his trunk to protect Gonzales.