The
panic of the pursuit, the fear of the cuffs
As
the afternoon wore on, the jurors began to look more and more
strained. The judge and the officers who testified had already passed
that point.
A
tall black man with a shaved head, the attorney representing Johnny
Duffey in his third offense of evading arrest with a motor vehicle
had belabored the point – every point – every step of the way.
It's
up to prosecutors to prove that it was Mr. Duffey – and no one else
- who drove his white Tahoe SUV at excessive speeds on a quick tour
of north Waco to a fearsome collision with a brick column at a car
wash on N. 19th St. after peeling out with a cloud of
black smoke from his tires at a corner on 25th street
following a half dozen quick turns and twists.
The
jurors, a group of 7 men and 5 women who look like the kind of
well-groomed and behaved people you would be proud to know anywhere
you may go, glanced back and forth from ex-Texas Ranger Matt Cawthon
to the defense table where Mr. Duffey sat. They seemed incredulous,
but as the attorney began to question every observation, they became
as annoyed as Judge Ralph Strother.
Ranger
Cawthon, who is now employed by Texas Department of Criminal Justice
and seconded to the U.S. Marshals Service Fugitive Warrants Task
Force, said in his 27-year career, when a motorist begins to make
turns from street to street and corner to corner, it usually means
“to people in our business” that they know the cops are chasing
them.
It's
the kind of full flight or fight panic displayed when the hawk hovers
or the house cat pounces.
Though
he didn't see Mr. Duffey get out of the driver's side door at the
scene of the wreck, he testified, he could plainly see that he had
run headlong into an 8-foot chain link fence at the car wash as he
ran away in a panic.
Officers
of the Waco Police Department who were in hot pursuit certainly saw
him.
But
did he know for a fact that the heavy car had collided with the brick
structure that houses a vacuum cleaner at the car wash?
Yes.
How?
“I
have investigated many vehicle collisions as a Highway Patrolman and
a Texas Ranger,” he said, trying hard to maintain the neutral
affect of a law enforcement professional.
At
one point, he said, with exasperation, “I don't have any idea what
Mr. Duffey was thinking.”
In
another exchange, he completely lost track of the question, its
convoluted structure losing him in its twists and turns.
Judge
Strother didn't have much better luck. It was something to the effect
that “Whoever was driving, they didn't know who was driving.
Correct?” When they got it right, he said, with a sigh, “I really
can't speculate.”
“That's
not the only white Tahoe in Waco, Texas, is it?”
“No,
it is not,” Ranger Cawthon replied.
Why
is it so important? As a previous offender, Mr. Duffey guaranteed he
would be prosecuted for a third degree felony, and not an accused
state jail felon. The enhancement makes the punishment range not less
than 2 years in the penitentiary and no more than 10 years
imprisonment.
Waco
Police Officer Steve Anderson, who is attached to the fugitive
warrant squad, too, and doubles as a public information officer,
didn't see the car collide with the brick structure. But he knows it
was the car who hit the structure. How? Thirty years experience, he
said.
Why
is it important?
Mr.
Duffey is facing a drug charge and was wanted for parole violation
when the task force came to his home at 3912 N. 22nd to
pick him up.
Later,
in the corridor outside the courtroom, the entire task force, most of
them dressed in razor sharp dress blue uniforms of the police
department, waited for their turn on the witness stand.
Ranger
Cawthon and Officer Anderson recalled another suspect they
apprehended on a warrant for theft, a man Officer Anderson says
“Yeah, he was jicking. He was pretty wound up.”
The
old boy just kept babbling from the back seat of the patrol car,
hollering “This ain't for murder, is it? This ain't about no fire
at a mobile home, is it?”
No
one knew anything about a murder until a local arson investigator made it clear he is seeking answers to the man's whereabouts the
night in February when a mother and her three kids were trapped in a
mobile home on 19th Street in Bosqueville.
Neighbor
kids were able to rescue one of her sons, a 3-year-old boy, but she
and two others perished in the blaze, which was so intense it injured
firefighters with first and second degree burns caused by heat and
steam.
Some
days, the dragon wins.
-
The Legendary
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