In other words, he was pointing toward the officer, and he had just turned away to his left, and then he started. There was a big tree, and it seemed like he started back going to the curb of the street and into the sidewalk, and then he turned and went down the sidewalk to, well, until he got in front of the corner house, and then he turned to the left there and went on down Patton Street.
Mr. Belin.
When he got in front of the corner, when you say he turned to his left, did he cut across the yard of the house, or did he go clear to the corner and turn off?
Mr. Benavides.
There is a big bush and he catty-cornered across the yard.
Mr. Belin.
He kitty-cornered across the yard?
Mr. Benavides.
Yes. In other words, he didn't go all the way on the sidewalk. He just cut across the yard.
Mr. Belin.
Where was he when you saw him throwing shells? Had he already started across the yard?
Mr. BENAVIDES. No, sir. He had just got back to the sidewalk when he threw the first one and when he threw the second one, he had already cut back into the yard. He just sort of cut across.
Mr. Belin.
Now you saw him throw two shells?
Mr. Benavides.
Yes, sir.
Mr. Belin.
You saw where he threw the shells?
Mr. Benavides.
Yes, sir.
Mr. Belin.
Did you later go back in that area and try and find the shells?
Mr. Benavides.
Yes. Well, right after that I went back and I knew exactly where they was at, and I went over and picked up one in my hand, not thinking and I dropped it, that maybe they want fingerprints off it, so I took out an empty pack of cigarettes I had and picked them up with a little stick and put them in this cigarette package; a chrome looking shell.
Mr. Belin.
A chrome looking shell?
Mr. Benavides.
Yes, sir.
Mr. Belin.
About how long did it take you to locate the shells once you stared looking for them?
Mr. Benavides.
Just a minute. I mean not very long at all. Just walked directly to them.
Mr. Belin.
You saw where he had thrown them?
Mr. BENAVIDES. One of them went down inside of a bush, and the other one was by the bush.
Mr. Belin.
Did you see him after he turned the corner of the house?
Mr. Benavides.
No, sir.
Mr. Belin.
Do you know whether or not he threw any--you said you heard three shots. Do you know whether or not he threw other shells there?
Mr. Benavides.
No, sir.
Mr. Belin.
Did you look at all there?
Mr. Benavides.
No; I didn't bother to look there.
Mr. BELIN. Did you see him when he cut across the yard? Did he go between the bushes to get to the sidewalk on Patton Street, or do you know?
Mr. Benavides.
Between the house and the bush; yes, sir. He had to cut across the yard, because there was a big bush on the corner there.
Mr. BELIN. Anything else you can think of about the man after you saw him? What was he wearing? What did he look like?
Mr. Benavides.
Well, he was kind of, well, just about your size.
Mr. Belin.
About my size? I am standing up.
Mr. Benavides.
You are about 5' 10"?
Mr. Belin.
I am between 5' 10" and 5' 11". Closer to 5' 11", I believe.
Mr. BENAVIDES. I would say he was about your size, and he had a light-beige jacket, and was lightweight.
Mr. Belin.
Did it have buttons or a zipper, or do you remember?
Mr. Benavides.
It seemed like it was a zipper-type jacket.
Mr. Belin.
What color was the trousers?
Mr. Benavides.
They were dark.
Mr. Belin.
Do you remember what kind of shirt he had on?
Mr. BENAVIDES. It was dark in color, but I don't remember exactly what color.
