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Thread: Otis Tyrone McKane - Texas Death Row

  1. #31
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    SAPD officer tells jury about having to inform Det. Marconi’s family about his death

    Jury views videos from first responders minutes after slaying on Day 4 of Otis McKane trial

    By David Ibańez and Ericka Hernandez
    KSAT News

    SAN ANTONIO – When San Antonio Police Officer Frances Ochoa heard “officer down” on her police radio the morning of Nov. 20, 2016, she got into her patrol car and drove from the Central Substation to nearby Public Safety Headquarters as fast as she could, she testified in day four of the trial of Otis McKane on Thursday.

    “I saw an officer on the ground. I didn’t know who it was, but it was one of us,” Ochoa told jurors. “It wasn’t good.”

    In all the chaos that ensued at the scene, Ochoa wanted to know the identity of the officer who was shot.

    While the wounded officer was on the stretcher to be transported to a hospital, Ochoa got the officer’s badge number, went to her patrol vehicle to run it and find out who it was.

    “What? It’s Ben Marconi! I ran out and I started telling everybody because no one knew who he was,” Ochoa testified.

    The 17-year member of the San Antonio Police Department then drove to San Antonio Military Medical Center, where Marconi was pronounced dead.

    Ochoa and other officers then helped to gather the fallen officer’s uniform and other belongings.

    “There was blood everywhere,” she said, adding that the mood was “sad, everybody was crying.”

    Ochoa went to the hospital not only to provide support for her fellow wounded officer but for his family as well.

    As a Family Assistance Officer volunteer for SAPD, Ochoa provides family members comfort in a time of need.

    Her services would be needed that day as Marconi’s family began to arrive not knowing their loved one’s fate.

    Ochoa said the first one she met with was Marconi’s sister.

    “When she was running in, I stopped her and asked what she knew. I had to give her the news that he passed away,” Ochoa told the jury.

    Marconi’s son, Dane, and his girlfriend soon arrived, only knowing that the officer was shot.

    “I told him his dad didn’t make it,” Ochoa said.

    Marconi’s daughter, JC, arrived next and asked for her brother.

    “She’s asking him if he’s OK, and they’re crying, holding on to each other, Ochoa said.

    The jury also saw a video from Ochoa’s body camera when she arrived at the scene of the shooting.

    “Oh My God, Oh My God” Ochoa is heard saying multiple times.

    Her video and that of Officer Gustavo Segura of the Downtown Bike Patrol Unit showed a chaotic scene, ambulances and police officers at the scene.

    Segura described the scene as “Frantic, controlled ... a lot of emotion as well. Very, very emotional,” he told jurors.

    Segura said he helped set up crime scene tape and did what he could to assist.

    Thursday’s line of questioning for witnesses at the scene and other SAPD officers seemed to aim at establishing that Marconi was without doubt working at the time of his death, which would support the indictment that the crime happened while the officer was in the line of duty. According to Texas penal code, one of the qualifications for a capital murder charge in Texas is that the crime was committed while a peace officer was “acting in the lawful discharge of an official duty” and that the person who committed the murder knew the person was a peace officer at the time of the murder.

    McKane could face the death penalty if he is found guilty.

    The trial will resume at 9 a.m. Friday. You can watch every moment live on KSAT in this article.

    https://www.ksat.com/news/local/2021...out-his-death/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  2. #32
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    More emotional testimony continues in Otis McKane trial during second week

    More than 20 witnesses testified in the first week, recalling the scene of San Antonio Police Department Detective Benjamin Marconi's death

    KEN 5 News

    SAN ANTONIO — The second week of Otis McKane's murder trial resumed Monday at 9 a.m. He's accused of murdering San Antonio Police Department Detective Benjamin Marconi.

    Justin Rodriguez, the general manager of Rent-A-Tire off Bandera Road, remembers making casual conversations with the man accused of shooting and killing SAPD Detective Benjamin Marconi Nov. 20, 2016.

    A state prosecutor asked Rodriguez what he and McKane would talk about.

    “Him playing basketball, him loving that sport, him wanting to try out for the Spurs D league so it was good conversation with him,” Rodriguez said in response.

    Rodriguez told the courtroom McKane had been making weekly payments every Friday for rims and tires, which were installed in early September.

    The state presented photographs of signed documents that verified McKane’s connection to Rent-A-Tire.

    Photographs of McKane’s black Mitsubishi Galant, equipped with the fresh tires and rims were also shown to the jury.

    This is the vehicle prosecutors say McKane drove on the day of the shooting where he pulled up behind Marconi who was conducting a traffic stop in front of SAPD headquarters.

    Rodriguez didn’t learn of what unfolded Sunday morning until he watched the news with his wife that night.

    He recognized a familiar face and familiar car.

    “I told my wife. That’s Otis McKane right there. That’s one of my customers,” Rodriguez said.

    Photos of the defendant dressed in all black and wearing a San Antonio Spurs hat with a retro logo, confirmed Rodriguez’ identification of McKane.

    San Antonio police crime scene investigator Brenda Oliva took the stand for a second time, guiding the jury through photographs she took of McKane in the hours following his arrest Nov. 21, 2016.

    McKane if convicted, could be sent to death row.

    The trial will resume in Judge Ron Rangel’s courtroom Tuesday at 1:30 p.m.

    Last week, more than 20 witnesses testified – sharing their accounts of the scene where Marconi was shot to death outside of SAPD's headquarters in downtown.

    Lieutenant Brent Bell testified before Judge Ron Rangel’s courtroom, describing the nature of his colleague’s death.

    “It was execution-style and the location of where it occurred, to us, seemed to be sending a message,” Bell said.

    Marconi had been sitting in his patrol car, in the middle of conducting a traffic stop, when prosecutors say McKane came up and shot him twice in the head.

    McKane initially confessed to the killing, saying he had to lash out on someone because of a child custody issue. He later recanted the confession.

    He faces the death penalty if convicted.

    Bell pointed out a pattern of officers being targeted; referencing the events of July, 2016 when a gunman shot and killed five police officers and wounded nine others.

    “It appeared to us probable that Officer Marconi was targeted not because he was Ben Marconi, but because he was in uniform," Bell said. "Until we apprehended this person, we didn’t know when he was going to do it again."

    The state prosecution team played video captured by SAPD Crime Scene Investigator Brenda Oliva, showing the inside and outside view of Marconi's patrol unit.

    Bullet casings, pools of blood, Marconi’s radio, phone and water bottle were visible in the video, marked by yellow evidence markers.

    https://www.kens5.com/article/news/c...b-bef99243e627
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  3. #33
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    LIVE: Day 8 of Otis McKane murder trial in the shooting death of SAPD Det. Marconi

    By SBG San Antonio Staff Reports

    SAN ANTONIO - Testimony continues Wednesday in Day 8 of the capital murder trial of Otis McKane.

    McKane is accused of killing San Antonio Police Detective Benjamin Marconi while he sat in his patrol car in front of Public Safety Headquarters in 2016.

    On Tuesday, the jury heard from a NASA expert who worked to enhance "surveillance photos" from before, during, and after the murder of detective Benjamin Marconi.

    David Bretz, a NASA image analyst reviewed photos of Otis McKane inside the lobby of public safety headquarters, as well as the black Mitsubishi seen outside the building around the time of the murder.

    He then cropped, enlarged and sharpened sharpened these photos, looking for identifying characteristics like tattoos, license plate numbers and tire rims.

    "I took images of the car seen around the building in the morning and images of the car immediately after the shooting and compared them, put them next to each other and noted that the wheels on the car are very similar."

    "And are those images the result of your enhancement techniques?"

    "Yes,” said David Bretz, NASA image analyst.

    The prosecution has now called nearly 40 witnesses.

    https://www.news4sanantonio.com/news...pd-det-marconi
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #34
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    Jurors witness interrogation video of Otis McKane, hear murder confession

    By SBG San Antonio Staff Reports

    SAN ANTONIO - Testimony continued Thursday on Day 9 of the capital murder trial of Otis McKane.

    McKane is accused of killing San Antonio Police Detective Benjamin Marconi while he sat in his patrol car in front of Public Safety Headquarters in 2016.
    On Wednesday, the jury was shown McKane's dramatic arrest by SWAT officers -- carried out just one day after the murder of detective Benjamin Marconi.

    Aerial surveillance video was recorded by a Texas DPS airplane, more than 12,000 feet in the air.

    The sergeant who recorded the video explained how they'd been called out to help "tail" McKane, tracking him from a distance where he wouldn't know he was being watched.

    Prosecutors then asked members of the SWAT team what kind of force they used, while placing him under arrest for capital murder.

    On Thursday, the jury got to watch McKane's police interrogation, hearing him confess to murdering Marconi.

    The interview with lead homicide detective Mark Duke took place November 21, 2016 -- one day after Marconi's murder outside the public safety headquarters.

    The lengthy video is more than three hours long.

    Duke works to build a rapport with McKane who became very emotional while talking about the custody battle over his six-year-old son.

    "Man, I hear you. Bro, I don't know how you made it this long," Duke can be heard saying in the video.

    "You're right man, and she keep him away from me like I ain't nothing," McKane says.

    Watching the video back in the courtroom, McKane became emotional on Thursday.

    There were also some lighter moments during the trial, when they mention McKane's high school athletic success.

    McKane says he was simple mad about a child custody dispute and shot the first person he saw.

    Testimony picks back up on Friday.

    https://www.foxsanantonio.com/newsle...pd-det-marconi
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #35
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    State rests in trial of Otis McKane, accused of murdering SAPD Det. Benjamin Marconi

    Defense presents case Monday

    By David Ibańez and Ericka Hernandez
    KSAT News

    The state rested its case Friday afternoon in the capital murder trial of Otis McKane, who is charged with the November 2016 fatal shooting of SAPD Det. Benjamin Marconi.

    The prosecution called on 55 witnesses to help present its case over a 10-day period.

    The defense is scheduled to present its case Monday. Defense attorneys told KSAT they expect to conclude that day.

    McKane could face the death penalty if he is found guilty. The trial marks the first death penalty case in more than five years in Bexar County.

    This story will be updated shortly with details of testimony presented Friday.

    https://www.ksat.com/news/local/2021...jamin-marconi/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #36
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    Jury convicts man of capital murder in death of San Antonio police Detective Benjamin Marconi

    By Iris Dimmick
    San Antonio Report

    A Bexar County jury took only half an hour Monday to find Otis Tyrone McKane guilty of capital murder in the 2016 shooting death of San Antonio police Detective Benjamin Marconi.

    Jurors left the courtroom about 5:20 p.m. and returned at 5:53 p.m. to announce the verdict. As Bexar County District Judge Ron Rangel accepted the verdict and bailiffs moved to handcuff McKane, he struck a bailiff and tried to flee the courtroom but was quickly detained.

    The punishment phase was scheduled to begin Tuesday afternoon. The capital murder conviction makes McKane eligible for the death penalty.

    “We are very pleased with the verdict,” Bexar County District Attorney Joe Gonzales said. “I know [Marconi’s] family is pleased and relieved.”

    After prosecutors presented evidence over two weeks, McKane’s defense team called only one witness to testify, a police detective who reviewed Marconi’s phone records for the jury. In his closing argument, defense attorney Joel Perez stressed that witnesses contradicted themselves and the police department didn’t follow protocols.

    “There’s things that you don’t know,” Perez told the jury Monday.

    Marconi, 50, was fatally shot in the head on Nov. 20, 2016, as he sat in his patrol vehicle following a routine traffic stop outside Public Safety Headquarters.

    Beyond trying to show that prosecutors have not proven that McKane killed the police officer, the defense team aimed to persuade the jury that a conviction on a lesser charge than capital murder would be more appropriate. In his instructions to the jury before it began deliberations, Rangel said a lesser charge of murder also could be considered.

    But the jury’s swift deliberations indicated they weren’t swayed by the defense’s argument.

    “This is not a ‘whodunnit,'” prosecutor Mario Del Prado said in his closing argument. “We know it was [McKane]. And we know who he shot.”

    During Prado’s closing argument, prosecutors displayed a photo taken by a video camera inside Marconi’s vehicle moments before the fatal shooting: a left hand reaching into a police vehicle and holding a gun to the back of the uniformed officer’s head.

    For the jury, one element of weighing a possible conviction on a capital murder charge is deciding whether McKane murdered a “peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman,” one of the criteria for capital murder under state law.

    “What was officer Marconi doing at the precise moment of his death?” Perez said.

    Perez argued that the detective was texting about personal matters on his phone. Marconi’s friends and family members shook their heads in disbelief in the gallery as Perez spoke.

    “Talk about grasping for straws,” Prado said, noting that personal communications while on duty are not prohibited by the police department. “That’s a ridiculous argument.”

    The prosecution rested its case Friday after calling dozens of witnesses over two weeks. The jury heard emotional testimony from the doctors who worked to save Marconi’s life after he was shot and others who identified McKane as the man who shot Marconi twice in the head.

    Jurors also watched an hours-long video of McKane interrogated by police after his arrest, during which he said: “I wanted to make the police station feel the burn that I felt in my heart.”

    Later in the interview, McKane apologizes to Marconi and his family.

    After his arrest, McKane told reporters he was upset over a child custody dispute and “lashed out at somebody that didn’t deserve it.”

    In his closing argument, Perez said SAPD investigators were highly motivated to bring in anyone fitting the initial description of the shooter because one of their own was killed. He questioned police tactics and interrogation techniques.

    Perez asked the jury: “Did [McKane] really waive his rights” ahead of that interview? He suggested that McKane was emotionally vulnerable and raised the possibility that certain witness testimony was rewarded with positions within the police department.

    Prosecutors dismissed Perez’s arguments as “distractions” and a “conspiracy theory.”

    McKane did not testify.

    “That’s an awkward thing,” defense attorney Daniel De La Garza acknowledged, but he reminded the jury that it’s not an admission of guilt and that the burden of proof — beyond a reasonable doubt — lies solely with the prosecution.

    Just after 11:30 a.m. on the day he was killed, Marconi pulled over a vehicle outside police headquarters. Shortly after he returned to his police vehicle to write a citation, he was shot by a person who approached Marconi on foot from behind, security videos show. That person then sped away in a black vehicle that witnesses testified looked very much like McKane’s.

    The defense’s sole witness was homicide Detective Mark Duke, who testified about text messages sent by Marconi just prior to the shooting. The content of the messages was not shared in open court, but Duke testified that the messages seemed to be of a personal nature.

    https://sanantonioreport.org/mckane-...-murder-trial/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #37
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    After the guilty verdict, McKane elbowed a bailiff and tried to make a run for it. This was a very short deliberation.

  8. #38
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    Elbowed him in the jaw which is assault. I’m sure the jury is gonna love to hear about this. All those tears proved fake
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  9. #39
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    Here is the video of McKane elbowing a baliff in courtroom after the guilty verdict.

    The prosecution's first witness for the punishment phase is Deputy Isidro Gonzalez, the bailiff who got elbowed in the face by Otis McKane after yesterday's guilty verdict.

    https://www.ksat.com/news/local/2021...Rlv7whz44Jw#//
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #40
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    Punishment phase of McKane capital murder starts with deputy he assaulted

    By Jim Lefko
    news4sanantonio.com


    SAN ANTONIO - The punishment phase in the Otis McKane capital murder trial started late this afternoon with testimony from the deputy McKane hit Monday while trying to flee after he had been convicted of killing Det. Benjamin Marconi.

    Deputy Isidro Gonzalez told the jury, which will decide whether McKane gets the death penalty or life in prison without the possibility of parole, what happened after they had left the courtroom Monday evening.

    Gonzalez said he noticed McKane doing something unusual just before it was time to leave.

    "The defendant was removing his tie and started unbuttoning his shirt," Gonzalez testified. "I let deputy (Jason) Jarvis know to open the door. I had a feeling he was going to try to fight us."

    Gonzalez then asked McKane to stand up. McKane initially did not respond.

    "I attempt to handcuff him," Gonzalez says. "He stands up and I just kind of see his elbow coming at me."

    Gonzalez, along with Jarvis and a handful of other deputies quickly wrestled McKane to the ground.

    It took a moment for Gonzales to feel the effect of the elbow he took to the jaw.

    "At first, I didn’t really feel it," he says. "But after, it hurt."

    A video of the incident was shown to the jury today.

    Jarvis testified about the incident too.

    "Based on my experience, those were pre-fight indicators," he said about McKane's behavior.

    McKane entered court today wearing similar clothing as in previous days. His hands were not shackled after Monday's incident. Extra security was evident in the courtroom.

    When court ended today, McKane was placed in handcuffs before he was escorted from the courtroom.

    It took the jury less than 30 minutes to find him guilty of capital murder Monday after his attorneys called just one witness before making an unsuccessful appeal for the lesser charge of murder.

    The prosecution had more than 50 people testify during the first phase of the trial.

    Legal experts we talked to before the trial began say the punishment phase could take as long or even longer than the guilt or innocence phase. That portion lasted a little over two weeks.

    https://news4sanantonio.com/news/loc...y-he-assaulted
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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