Admitted officer-killer testifies

Sometimes barely audible, soft-spoken 26-year-old Alberto Alvarez Thursday morning described how he often sold drugs in East Palo Alto and always carried a gun for protection. Alvarez, a Redwood City resident, said he came to East Palo Alto on Jan. 7, 2006 to hang out with friends.

Thursday was the first time Alvarez had spoken of his life or the exchange of shots that left East Palo Alto police Officer Richard May dead.

Alvarez said he went to the Villa Taqueria for a steak lunch. He said two men entered and one began striking him. He fought back but left the taqueria after two other men separated them.

He said when saw a police patrol car approach, he fled across University Avenue toward Weeks Street because he was afraid the officer would find his gun and he would be sent back to prison for being a convicted felon in possession of a firearm.

His parole officers testified previously that Alvarez faced up to 15 years in prison if convicted on a weapons charge.

Alvarez said he was fleeing from the officer when the officer hit him twice with a police baton.

Seconds later, Alvarez was shot in the leg. He said he pulled out his 9 millimeter gun and fired back when he realized he couldn’t get away because of his leg wound. He said he believed the officer would kill him.

Alvarez testified he fired several shots at the officer after running behind a parked car in a residential driveway on Weeks Street.

He said he did not recall seeing May after he fired.

“I remember I looked back, and he was chasing me. As I was getting up to the front of the car he shot me. First I heard the gunshot, then I felt the bullet rip through my leg. I fell forward. I grabbed my leg. … It was real wobbly, and it hurt to put pressure on it,” he said.

Alvarez said he ran near the garage and around a white truck.

“I’m in front (of the truck) now. I turned around, and I started shooting back” toward the officer, who was standing behind the truck, he said.

“He had his gun pointed at me. … I started shootin’. I didn’t see him no more,” he said. Alvarez said he did not see the shots strike the officer.

“I just remember the gun kicking every time I shot it off. The casings were flying back at me,” he said.

Alvarez tried to continue running away but realized he could go no further because of his leg. The only way back was toward the officer. As he walked toward the street, Alvarez said he did not at first see the officer, then he saw the officer and his gun.

“I remember seeing him and the gun,” he said.

Defense Attorney Eric Liberman asked, “Is he crouched? Is he laying down?”

“I don’t remember. I wasn’t sure. At that point, I start shooting in that direction. I fired once or twice. I was still moving, and I shot in his direction,” Alvarez said.

Liberman asked why he did not also shoot Marco Marquez, the Police Explorer who accompanied May and was sitting in May’s patrol car.

Alvarez said they made eye contact.

“The kid ain’t had nothing to do with what happened. He’s just as scared as I was. I was scared for my life,” Alvarez said.

In the spectator section, Alvarez’s mother silently mouthed prayers as her son testified.

San Mateo County Senior Deputy District Attorney Steve Wagstaffe grilled Alvarez.

“Is it fair to say you’re a liar?” Wagstaffe said.

“It depends on what you’re talking about,” Alvarez said.

‘After you were arrested, you lied about your injury, didn’t you? At that point, you knew they had the right guy, right?” Wagstaffe said.

Alvarez had written a note to another inmate asking him to say that Alvarez heard voices from the time he was young, Wagstaffe said, thrusting the exhibit at Alvarez.

“You were willing to lie to avoid being responsible for this act. That note’s a fabrication. It’s a lie. You wanted somebody else to commit a crime,” Wagstaffe said.

“I was just asking for his advice,” Alvarez said.

Alvarez testified he tossed his 9 mm handgun under a car on Sacramento Street as he escaped.

Wagstaffe asked why he didn’t hide the gun before the officer caught up with him when he fled across University Avenue and Weeks Street.

“You made the decision not to ditch the gun … You wanted to hang onto that gun,” Wagstaffe said.

“No, not necessarily,” Alvarez said.

“You made a choice as to which one you wanted to do. … You made a decision to get your gun out,” Wagstaffe said.

“Everything’s happening so fast. It’s not like that — the way you make it seem. I just reacted to the shooting,” Alvarez said.

Alvarez has long admitted shooting May, but the trial in San Mateo County Superior Court is to determine whether it was self defense or an execution — which could mean the difference between life in prison and the death penalty.

The defense will continue its case on Monday.