GEORGETOWN, Texas (KXAN) - When officers arrived at the home of Fred Yazdi after the fatal shooting of Enrique Recio in February 2012, the Avery Ranch homeowner told them he fired to because he thought his home was being burglarized.
Both Yazdi and the parents of Recio began visibly weeping in court as dash cam video from responding patrol cars was played for the jury.
In the video, Austin Police officers can be seen searching for a pulse on 23-year-old Recio while one asks “can you hear me?” several times.
Yazdi can be seen in the video on the other side of a wrought iron fence from where the officers are tending to Recio as he lay motionless on the ground.
At one point, an officer asks Yazdi what happened.
“An attempted burglary, sir,” responds Yazdi.
In an explanation that could faintly be heard, Yazdi says someone was banging on his door and then crawled underneath a vehicle in his driveway.
Officer James Ayers testified Yazdi explained, without any signs of stress or trauma, he fired his weapon when Recio ignored his orders to stop.
Never at any time in the dash cam recordings or through testimony has Yazdi indicated he felt Recio was armed, something his defense claimed in opening arguments.
Defense attorney Bob Phillips told the jury on Tuesday a cell phone in Recio’s hand was perceived to be a weapon. During cross-examination of Ayers, Phillips tried to assert some conversation that took place during the initial response may not have been recorded.
In the early morning hours of Feb. 3 2012, Recio was involved in a car accident near Avery Ranch. He ran towards Yazdi’s house where some kind of contact between the two men took place. Recio was shot and killed but his body was found on the sidewalk, just on the other side of a short fence separating the walkway from Yazdi’s driveway.
Witness say Recio seemed worried
A man who came across Recio's wrecked vehicle testified Recio seemed intoxicated and then worried when he found out police had been called.
Antoine Lewis saw the vehicle and the apparent driver leaving the scene when he stopped to examine. The 911 call he made to Travis County Dispatch was played for the jury.
In the call, the dispatcher asks if anyone is injured.
"We walked away. He hit a light pole," Lewis says in the phone call.
While on the phone with the dispatcher, Lewis testified Recio would walk back to the scene of the wreck. Lewis told him he was calling 911 and that caused a worried reaction from Recio who was also talking on a cell phone.
"He said something to the effect of 'I can't believe this happened,'" said Lewis while under direct examination by the prosecution. Lewis said Recio then left the crash scene again and appeared to be intoxicated by the way he was swaying back and forth.
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