Trial of man accused of killing MPD officer Nathan Heidelberg | West News

2021-12-06 19:52:04 By : Ms. Jinshi Tian

On the fourth day of the trial, the state put the case on hold, awaiting final testimony from a doctor at Midland Memorial Hospital, who is expected to appear in court on Monday.

(Editor's note: The above video is from a previous report on the David Wilson trial.)

After nearly three years of trial, David Wilson was charged with shooting Midland police officer Nathan Heidelberg (Nathan Heidelberg) and is currently on trial in Midland County.

Wilson's trial was initially scheduled to begin in the second week of November after a large-scale jury selection process. However, after the jury members were selected on November 4, all the jury trials in the county were closed after multiple people participating in the Wilson trial tested positive for COVID-19.

The trial is now underway, and an opening statement will be made on November 30.

Wilson faces murder charges in connection with the death of MPD officer Nathan Hayden Heidelberg.

The Midland man was accused of shooting and killing Heidelberg after responding to his home at around 1:00 am on March 5, 2019. According to reports, MPD was called home after the property triggered an alarm.

Heidelberg died of a gunshot wound, and Wilson admitted to shooting at the officer.

Wilson was initially arrested and charged with manslaughter, but was re-charged with murder by the grand jury on October 28, 2021.

There are also multiple lawsuits on the security system involved in the shooting.

Tuesday began with the prosecutor’s opening statement on why Wilson should have been charged with murder after his death in Heidelberg.

In contrast, the defense portrayed Wilson as a self-made family man who only wanted to protect his family when he shot.

During the trial, the jury showed the body camera footage of the police officer who assisted Heidelberg that day.

The video shows Heidelberg and 26-year-old Victoria Allee responding to the call, as well as the reasons for the shooting and the moment when the officer was shot.

Allee was also questioned by both the prosecution and the defense. Witnesses testified that the two of them initially checked the back door and found that it was locked, and then she suggested that they check the front door.

According to Ellie, she touched the handle of the front door and the door opened, causing the audible alarm that the door was opened to sound.

Heidelberg closed the door, the two called for support, and Allie said she noticed someone in the room.

Police officer Heidelberg then announced himself, saying "Midland Police, listen to my voice." Moments later, someone fired a shot and hit him in the chest.

On the first day of the trial, after the video was broadcast, people burst into tears, and the two sides debated whether Wilson had a valid reason.

The trial resumed on Wednesday, and an interview with David Wilson after the shooting was filmed.

In the video, two Texas Rangers interviewed Wilson, asking him about his views on what happened, and asking him about the expected results after firing.

Wilson told the police officer that he "only shot to protect my family" and that he did not intend to kill anyone.

He also told the Rangers that although he called 911 after the alarm went off, he did not hear Heidelberg say that he was with the police.

Texas Ranger Cody Allen stood in the witness stand, and District Attorney Laura Nordoff asked him to identify multiple pieces of evidence through photographs. Among these items are the gun used by Wilson, identified as Glock 19, the uniform of the Heidelberg police officer with bullet marks, and a flashlight dropped by a police officer after being hit.

The prosecutor showed videos collected by the Texas Rangers, three perspectives of the shooting, and the incident that led to the shooting. These videos were pieced together from Allee's body camera lens and Wilson's two security cameras .

After that, the judge ordered a recess for lunch break.

After the rest, Brad Heidelberg, the cousin of the Heidelberg police officer, stood up. Brad recognized the body of his cousin.

Tasha Greenberg, the deputy forensic examiner who performed the autopsy, also stepped forward. Greenberg provided information about the bullet, which passed through Heidelberg's right wrist and the right side of his chest.

We also learned that Wilson's wife called 911 immediately after the shooting.

Beginning on the third day, Ranger Allen returned to the witness box. The defense and prosecutors analyzed the security systems and cameras on Wilson's property.

According to Allen’s testimony, there was a 33-second interval between the policeman pressing the front doorbell and firing the gun. The defense questioned whether this was enough for Wilson to reasonably pull up the camera to check the intruder.

Training for the Texas Rangers and other law enforcement agencies was a key point of cross-examination. The defense asked Allen whether he was well-trained and if there was a threat, don't wait. 

Both parties also asked Allen why a police officer might stand at the door of the house or reveal their location with a flashlight instead of seeking cover.

In the first half of the third day, the doctrine of the castle was a hot topic. The defense argued that the term "enter and die" is related to this doctrine for trained officers.

The Texas law on evacuation obligations has also been discussed in detail, focusing on why Wilson did not simply grab his family and hide in hiding.

The lawyers brought photos of the floor plan of the house to the booth, showing how Wilson and the master bedroom are separated from the small bedroom where Wilson’s children sleep. In order to reach the other side of the house, Wilson had to go through the door. The defense argued that if Heidelberg was a legitimate threat, Wilson's risk was too great.

Another subject of contention concerns the length of time between the incident and the interview with Officer Allee. According to Allen, Allee was not interviewed until 7 days after the initial incident.

The defense argued that compared with Wilson, who was interviewed for two hours that day, this was a double standard. Allen told the court that in this case, waiting 24-48 hours to interview an official is standard procedure.

According to Allen, this is for physical and mental recovery, but also because the authorities believe that it is easier to obtain statements from other police officers than witnesses and suspects, and there is no need to risk interference from other factors.

After Allen was fired, Officer Bailey Mims of the Midland Police Department was called into the stands.

Mims was one of the first police officers to arrive at the scene, just behind Heidelberg and Ally, and he witnessed the shooting in the driveway.

At the time, Mims was a trained officer, similar to Alli. Mims and her supervisor Alexander Duwel were sent to Wilson's home because she said that sending two police officers to the police and burglary were considered appropriate procedures, but Mims and Allee were not considered official police officers at the time.

Shows Mims' body camera footage, revealing another angle of the shooting moment, and Mims handcuffing Wilson after coming out of the residence.

In the video, the police call Wilson, ask him who else is in the house, and instruct him how to approach the police. 

Wilson cooperated with the police officer, they restrained him and put him in the car, although he could be heard saying "something" and claiming that the police officer never announced himself like this.

Did Wilson hear Heidelberg announce that he was mentioned time and time again in the witness testimony. The defense pointed out that Mims’ body camera lens could not hear Heidelberg’s announcement, although Mims believed that this might be because the equipment on her body was too noisy when she ran to the house.

In contrast, MPD police officer Alexander Duwel testified that when he and Mims ran into the house, he could hear Heidelberg announcing their presence in a house or two across the street.

Duwel also testified before the jury on the correct procedures for the department's internal police call. He said that alarm calls were very common during patrols. At that time, the police were instructed to go to the property and move around to check the doors and windows.

If there are any signs that someone might have entered, the police will be told to perform a second scan to find evidence of the crime before clearing the building.

Later inquiries by the Ministry of Defense to Mims showed that the department had at least temporarily changed its policy on the call to the police, stating that it would not respond unless it could contact a "verified key carrier" and was on the spot or on the way.

In his testimony, Duville detailed the direct consequences of the shooting and the measures he and other police officers took to save lives in Heidelberg.

When Duwel and Mims approached the house, he said that Heidelberg stated that he believed the bullet was caught in his bulletproof vest. However, it didn't take long before the officer fell.

Duville said that he began to take off Heidelberg's uniform and vest with the help of his fellow officer Joel Covarubio, who arrived a few minutes after Duville and Mims. Covarubio heard gunshots from the radio, grabbed his medical kit, and rushed to where Heidelberg was.

The two police officers tried to stop the blood they testified from flowing out of the wound near Heidelberg's right shoulder. Although Heidelberg was in a semi-conscious state, both police officers said that he had barely spoken when working with him.

As more and more police arrived, Covarubio said that they decided to wait for the ambulance to arrive too risky, so the four policemen loaded Heidelberg on the police car. Covarubio drove Heidelberg and another officer with more medical experience to the hospital, and the emergency room staff took over.

The prosecutor also played several minutes of rear-seat camera footage of the Covarubio police car. The police car remained at the scene while the police officer took another car to transport Heidelberg.

In this video, you can see David Wilson waiting in handcuffs for more than 30 minutes. Wilson prayed loudly and repeated phrases such as "This is incredible" for the duration of the shot.

In addition to the three police officers, the prosecution also summoned an expert witness. Special investigator Mike Bryant of Judicial District 112 testified as an expert and a qualified investigative interview trainer.

Bryant told the court that he had trained the Ranger Allen on the interviewee, and Allen did a great job after the training, trying to get answers from Wilson while making him feel comfortable and avoid being intimidated.

The prosecution emphasized that Allen did not have the theme of "sweating" or "cold", and the defense believed that the Texas Rangers had tried to do so in his earlier testimony.

The third day ended when Covarubio testified and is scheduled to continue at 8.30 am on Friday.

Friday again began with a brief testimony from Officer Covarubio, as he was asked about his self-defense training before being fired.

Whether anyone tried to contact Wilson on the morning of the shooting was a major point of contention, as the prosecution called the next witness: Angela Wolf, the 911 dispatch communications manager in Midland.

Wolfe confirmed the standard procedure for dispatching police officers to receive police in 2019 and compared it with the new guidelines implemented after the incident.

According to Wolfe, traditionally, the police would be told the type of alarm they were going to, where the alarm came from, and the name of the homeowner.

The prosecutor played the initial 911 call from the alarm company to the MPD dispatcher. The caller told the dispatcher that they did not contact Wilson because they were instructed to call the police first.

According to Wolfe’s testimony, the officials were sent to Wilson’s residence, giving the impression that someone was trying to initiate content using David Wilson as a “key carrier”. This is based on many other alarm calls handled by MPD, where the alarm company contacts the homeowner.

However, the defense argued that in the specific call, the representatives of the alarm company did not make it clear that they would contact Wilson, claiming that the police had provided wrong information when they were dispatched to the house.

The prosecution also made three 911 calls between dispatch personnel and David Wilson's wife, Amy Wilson.

In the first call, Wilson told MPD that an "intruder" called them to open the door and said that they kicked their front door. She also told the express that her husband fired a shot and he thought he had hit one of them.

At the end of the call, the dispatcher assured Amy Wilson that they had police officers on the road. However, the second call made Wilson call back because they were worried they hadn't seen any police officers arrive.

The third and final call was through dispatch to notify Wilson that the police were outside her house.

The next platform is MPD officer Julio Ramero. In his testimony, the body camera showed him assisting Heidelberg to evacuate the scene after being shot.

Ramero also testified that he and other police officers did not realize that the Wilson family had called 911 for a while.

On the night of March 5, 2019, Supervisor Anthony Corson was called into the stand next to him. 

Corson discussed the semantics of the content that needs to be approved by the supervisor in this situation and became emotional when asked why he didn't need to be consulted to decide to wait for the ambulance, even if he approved the original request.

The prosecutor also showed Corson's camera footage, including when he asked Amy Wilson to go out with her daughters.

Standing next to the booth was Howard Ryan, the owner of Highlands Forensics, an investigative consulting firm in New Jersey.

Ryan appeared in court as an expert witness for crime scene reconstruction, specializing in shooting incidents and blood spatters. He consulted the district attorney's office on the case.

According to Ryan, this case is unusual in the large number of videos he was used to reconstruct the case.

During the prosecution’s interrogation, Ryan stated that from the video he saw, David Wilson’s behavior before the MPD ringed the doorbell was “inconspicuous”, the same as he thought he would do.

However, Ryan began to question his actions and decisions after the doorbell rang.

Ryan's expertise and its relevance to body language and body behavior are a topic of debate, because the judge exonerated the jury while the defense and prosecution had deliberated for more than an hour.

When the jury was brought back to court, the prosecutor again showed a composite video of the Rangers, which showed the front porch and entrance of Wilson's house, and Allee's body camera footage.

Before the presentation, DA Nodolf spent a few minutes asking about the body language of Heidelberg, Ally, and Wilson in the video.

In the demonstration, Nordoff turned the lights down, took out a fake gun, mimicked around the corner, and shone Ryan's eyes with a flashlight. She asked Ryan several times, according to his law enforcement training, when her behavior or physical condition would classify her as a threat.

Norddorf asked Ryan to confirm whether he felt the flash of the Heidelberg flashlight was pointing at where Wilson was standing when he shot. Ryan agreed that it was pointing in the opposite direction of Wilson, entering the left side of the house from the official's perspective.

When she finished her questioning, the district attorney asked Ryan what he thought Wilson saw in the video after shooting in Heidelberg. Ryan said he believed Wilson was trying to clear the double feed of the jammed gun, and may be planning to fire again.

In turn, the defender showed Ryan a photo of Wilson's front door and asked Ryan whether the glass was transparent or opaque. Ryan agreed that it was opaque, so it might be difficult to see through.

The state then put the case on hold, waiting for another witness, a doctor from Midland Memorial Hospital, who was unable to testify on Friday because he was undergoing surgery. Judge Tryon agreed to let the state government rest until the witnesses were ready, at which time they would rest and allow the witnesses to testify.

After that, the defense filed a motion for a direct judgment on the case, saying that they believed that the state did not provide sufficient evidence to refute Wilson's self-defense behavior. The judge temporarily dismissed the request.

The trial is expected to resume on Monday, and the defense will call MMH's first witness before the doctor prepares to testify.

The first week of the trial witnessed the testimony of about six Midland police officers, as the prosecution called numerous witnesses to try to prove that Wilson was responsible for Heidelberg’s death after he pleaded not guilty.

A lot of video and audio evidence was shown, including body camera lenses, security camera lenses, and 911 calls.

The key points of the state's dispute were Heidelberg's loud announcement of his voice before he was shot, and the MPD's policy to check the police call. 

During the cross-examination, the defense questioned the officers about their self-defense training and caste doctrine, and emphasized that they did not try to contact the Wilson family after the alarm was triggered.

The prosecution took a rest on Friday, waiting for the last witness. At this time, the defense is expected to summon its first witness on Monday, waiting for the prosecution's last spokesperson to appear in court.

The trial resumed on Monday, and the defense called the first witness.

Albert Rodriguez was invited as an expert in determining whether the use of force or lethal force is required. He also told the jury that he had worked in law enforcement for many years and gave guidance on the science of situations that require the use of force.

The defense also emphasized his experience of testifying in other cases. The prosecution's objection was that most of the witness's experience was related to shootings involving police officers, not homicides. The judge rejected it, and Rodriguez was kept in the stands, although the objection set the tone for the rest of the morning.

Rodriguez discussed the case files and video clips he had consulted, and described his personal interview with Wilson and how he personally went to Wilson's house to investigate the front door.

The eyewitness also outlined the typical reaction patterns of people in danger and discussed that based on his experience, officers who had to shoot usually cannot recall the number of shots they fired or the sound of shooting due to nervous system reactions. How big. To high-intensity situations.

When the defense handed witnesses to the prosecution for cross-examination, Nodolph and Rodríguez should consider what factors occurred on the night of the shooting when determining the level of threat Wilson might encounter. 

Nodolf took out the composite lens from Allee’s body camera and Wilsons’ security system, arguing that the flashlight shining in the lens was not enough to pose a threat. Rodriguez retorted that he could not accept this factor alone to be certain that Wilson felt The degree of danger.

During the court’s lunch break, the prosecution seemed to return to the question of Rodriguez’s credibility.

This story will be updated as the trial continues. Stick to NewsWest 9 for the latest reports.

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