- Joined
- Dec 21, 2018
- Messages
- 13,070
- Reaction score
- 103,536
This is very interesting and the defense can run with it. There is no possible way to prove beyond a reasonable doubt that a gun wasn't taken along with the backpack.I did note that in the witness testimony it said that Gabriel was wearing a backpack. Was he wearing one when found? It seems a bit unclear if he was or not.
If not, it would lend credence to the idea of things being taken from his body after death.
By the same note, if a self defence arguement can be made in this instance, I don't think it nessesarially has to be hard and fast that Gabriel was the one carrying a gun if others in the group potentially were.
Ahh found something
D.R.R. testified that he and Cuen-Buitimea, whom he called a friend, had paid a guide for passage across the border on Jan. 30 and were heading to Phoenix. He also said neither of them was carrying a weapon, and the guide had left them. Cuen-Buitimea was wearing a green camouflage backpack as well as a bag on his belt.
When his body was discovered he did not have any firearms or a backpack, but he did have a radio and tactical boots, the court filing says. The cause of death appeared to be a single gunshot wound and “it appeared that the body was fresh,” meaning he had likely died recently.
Well isn't that interesting. That at least suggests that someone removed items from the body. Doesn't much make sense for Kelly to do it, nor does it line up with a scene where all other parties kept running until they hit the boarder.
Witness testimony, according to your post, shows his backpack was stolen and that means if he had a gun it was stolen.
Not sure how much this will help the defense but it does prove that the victim could have been armed and for the prosecution to say he wasn't armed (before he was shot) is pure speculation on their part.