Accused talks of shooting police

Prosecutors begin cross-examination of defendant today

RITZVILLE — Florentino Silva Barajas testified Thursday in front of an Adams County jury tasked with deciding his fate in a case in which he stands charged with two counts of attempted first-degree murder for shooting at police on Feb. 27 of this year.

Defense attorney Dennis Morgan said he called Barajas to the stand because the shooting incident involved self-defense and there are no independent witnesses to provide testimony.

Still, "It's always risky to have a client on the stand," Morgan said after Thursday's proceedings.

Barajas, 43, will continue describing his version of the shooting incident today in Adams County Superior Court. Lawyers in the case said they anticipate a verdict as early as Monday.

Barajas told jurors that police fired their weapons at him first and sent a bullet through his wrist before he returned fire.

"If I waited, they were going to kill me," Barajas said through an interpreter. "I had to hold them back."

The incident started when Barajas was pulled over by Adams County Sheriff's Office deputy Dale Wagner while he test drove an old pickup truck he was trying to repair for his wife. Barajas stopped his vehicle on the side of the road, exited the pickup and was lifting the hood when Wagner shouted for him to get back into the cab of the vehicle, according to his testimony.

Wagner asked Barajas for his driver's license, but he carried only a birth certificate and social security card. Because he was recently deported to Mexico, Barajas believed his driver's license was no longer valid and he gave the officer a false name, he said.

Wagner threw Barajas' birth certificate on the ground, which Barajas picked up and stuffed back into his wallet. Barajas said Wagner had "burning eyes" and was very angry. He said he was told to put his hands on the pickup truck and saw Wagner put a hand on his pistol, Barajas told jurors.

"Did you ever take a swing at the officer?" Morgan asked.

"Look, I never even had the intention," Barajas answered. "I boxed for three years. If I wanted to hit him, I would have hit him."

Barajas stood up on the witness stand at one point to demonstrate his boxing stance for the jury after Morgan asked to see the defendant's fighting stance.

"Why didn't you let the officer do his job?" Morgan asked.

"Because I wasn't doing anything," Barajas answered.

Alarmed, Barajas jumped back into the pickup and drove toward home. Wagner pursued and called for back-up.

Adams County deputy Jeff Lane and an Othello Police Department officer converged on Barajas' home where a shoot-out ensued.

Barajas ran inside his home before police arrived and grabbed a 9-mm pistol from under a pillow on his bed.

"At one point the policeman showed a great deal of anger," Barajas said. "I knew that I had to get something to protect myself."

With the gun in hand, Barajas scrambled from the house and dove into a nearby irrigation ditch filled with branches and debris to hide from the pursuing officers. He said he put the gun on the ground, remained lying on his stomach and could hear the officers talking.

Barajas said he could see one officer and hear another. He heard one officer yell for him to get up.

"My mind was blank at this time," Barajas told the jury.

"I felt something like thunder," he said, and added that his left hand felt "numb."

He picked up the pistol lying next to him after realizing he had been shot and fired two bullets at the officer closest to him.

He fired two additional shots at the other officer as he came into view, he said.

"I didn't have very many (bullets)," Barajas said. "I ran out of bullets and ran away from there."

Barajas hid in the trunk of a nearby car and could hear police on a loud speaker telling him to surrender.

He said he thought about getting out of the trunk, but believed that if he did he would be killed.

"I thought, well, if they're going to kill me then let's get it over with," he said during testimony.

Barajas is scheduled to re-take the witness stand today at 9:30 a.m. as his trial continues. Morgan plans to finish questioning his client before prosecutors begin their cross-examination.