Man mistakenly arrested for burglary of his own home faces jury on charge of resisting arrest in same incident
Posted: Wednesday, July 20, 2011 12:15 am | Updated: 9:01 am, Wed Jul 20, 2011.
By JESSICA COOLEY/The Lufkin Daily News
An Angelina County jury today will consider the fate of a Lufkin man who is charged with misdemeanor evading arrest for a March 2009 incident in which he was mistaken for a burglar in his own home.
On March 15, 2009, a neighbor reported seeing a black man kick in the front door of the home at 111 Finley Street. When police arrived on scene, they repeatedly told 30-year-old Marco Saucedo, whom they believed to be the burglar, to come out of the home. Saucedo, who doesn’t speak English, did not comply and police entered the home, finding that he had locked himself in the bathroom, according to county prosecutor Gary Taylor. Taylor on Tuesday played dashboard camera video for the jury of five men and a woman in County Court-at-Law No. 2 Judge Derek Flournoy’s courtroom.
“Now you’ve got nine officers here. Come on out,” Lufkin Police officer John Davis says on the video, followed by the sound of knocking.
“Come on out with your hands up,” the officer says.
According to testimony, the officers sprayed pepper spray under the crack in the bathroom door and Saucedo came out of the bathroom and resisted arrest, at which point police shot him multiple times with a pepper ball gun. Police then tackled Saucedo, who was fighting being taken into custody, to the living room floor, Davis said. In the process Saucedo suffered a large gash to the top of his head, according to testimony in his trial Tuesday.
http://lufkindailynews.com/news/local/article_f9d8d756-b27e-11e0-912d-001cc4c002e0.html