Alvarez - A Cold Blooded Killer

Prosecution provided the summary of events today. Alberto Alvarez is a cold blooded killer – who shot and killed Officer Richard May. This is the clear statement from the prosecution in summary at the trial. Officer May followed Alvarez because he fit the description and was running from the fight for which Officer May was dispatched following a 911 call. Alvarez, an armed felon, ran away from Officer May. Officer May yelled for Alvarez to stop. This all comes from witnesses. What we do not know is what words were exchanged between Alvarez and Officer May during the period May was following Alvarez on foot. We will never know if Officer May knew Alvarez. We do know that Alvarez turned and shot Officer May. Several times. We know that Officer May was able to get off one shot as he started falling to the ground, hitting Alvarez in the leg. We know that Alvarez then stepped up to officer May on the ground and fired a couple more shots into Officer May to make sure he was dead. Execution Style.

The defense, in their closing argument, described how Alberto Alvarez was an innocent person who only hurried across a busy road and was not running from the officer. During the trial the defense stated that Alvarez only ran across University Avenue because of the busy traffic. The defense had a local store video showing Alvarez running. In the video, there were NO CARS ON UNIVERSITY at the time of the run across the street. The explorer scout riding in Officer May’s car stated that Alvarez looked at them in the car, he looked worried, and turn and ran. The defense attorneys then state that Alvarez, afraid for his life, ran away from the officer who told him to stop. The defense attorneys had the gall to say that nothing else happened that provoked Officer May to take out his asp (baton) and strike Alvarez on the outside of his shoulder. The next and amazing statement from the defense was that officer May then shot Alberto Alvarez for no reason. The defense then said that Alvarez feared for his life when he was shot for no reason – and at that time only, Alvarez took out his gun and fired many times at Officer May in defense – while Officer May no longer fired at Alvarez. Amazing. This armed felon feared for his life? No. He feared he was going back to jail. This is exactly the same reason four Oakland officers were killed a few months ago! A parole with a gun that did not want to back to jail.

I receive a lot of emails asking how the defense attorneys sleep at night. I do not know the answer to that question. Actually, I think of the relatives of the defense attorneys. How embarrassing this must be for them to listen to this amazing “scared for his life” defense.

Rick May

Rich’s father.

Officer May - did more in his short lifetime than 100 other people

Rich Jr, EPAPD - Rick Sr, Reserve

Officer Richard May, Jr. was shot and killed on January 7, 2006. Alberto Alvarez was caught and admitted to the killing. Including the second execution style shots as Officer May lay on the ground. The jury hears the prosecution and defense final statements on Monday. The prosecution (the people) will to make it clear to the jury (working within the limits set by the court) that Alvarez shot FIRST, hitting Officer May. As Officer May fell backwards, he got off one shot, hitting Alvarez in the leg. The defense (paid by the public) is offering the amazing story that their admitted drug dealing felon, in possession of a fully loaded 9 mil handgun, feared for his life with Officer May telling him to stop running away from him. (How do defense attorney’s sleep at night?)

Officer May was considered one of the kindest officers in any police force – by the public, by those whom he arrested (yes), and by fellow officers. Officer May spent his whole public life supporting youth activities and raising money so that trouble youth would receive support and direction. Officer May was killed by a 22 year old gang member and drug dealer.

It is time to provide more information about Officer May’s life. What follows is my 2 Year Memorial to Rich:

At approximately 4:30 PM on January 7, 2006, Officer Richard “Rich” May, Jr. was shot and killed when he responded to a disturbance call while on duty in East Palo Alto. When he arrived at the disturbance, one of the men fled. Rich attempted to stop that male. The suspect turned around and opened fire with a semi-automatic handgun, killing Rich. The suspect fled on foot. A young Police Explorer Scout was participating in a ride along with Rich at the time of the incident, but was not injured. It was the Explorer who made the radio call for help.

East Palo Alto is a city of 32,000 that once led the nation in murders per capita. In 1992, a body count of 42 earned the city the dubious distinction of "murder capital of the country”.

Rich, a 1985 graduate of San Luis Obispo High School, was a US Marine Corps veteran. He had served with the East Palo Alto Police Department for 18 months. He had previously served for 14 years with the Lompoc Police Department.

Rich’s parents were divorced when he was young. His mother moved to the Bay area with a new family. Rich was raised by his father Rick, and later, the two were joined by Lynn in San Luis Obispo. (Lynn is recognized by all as the person who gave Rich his sound and good direction in life). In Rich’s early years in grammar school, junior high and high school, he was known as a good person. “I remember taking Judo classes after school with Rich when we were going to Laguna Junior High, way back in the early 80's. This memory is still clear because Rich was such a neat person, so fun to be around, and he made you feel good about yourself, even at such a young age as we were then.” Another of Rich’s friends from school – a woman – remembered her first day at Laguna Jr. High. She wanted to pass through a doorway which was blocked by an older 8th grade student. When she asked if she could get through, the older student told her to go some other way. She said a skinny young boy near her turned to the older boy in the doorway and politely suggested that he should move. The boy moved. The young girl realized she met her first Jr. High. friend – Rich.

Within minutes after Rich’s shooting in East Palo Alto, officers from nearby agencies arrived to help in the search for the suspect. Police officers blocked off the neighborhood to search for the suspect, who was armed with a semiautomatic pistol. In all, more than 250 officers from 25 agencies participated in the manhunt. A suspect was caught about 6:00 AM the next morning after officers at a checkpoint became suspicious when they stopped a car and saw someone ducking in the back. The suspect, a 23 year old gang member on parole, was found with a bullet wound to his leg, that had been inflicted by Rich before he died.

As an officer, Rich committed much of his time to the DARE program in Lompoc, founded the town's youth Police Activities League, and helped turn the Lompoc Boys and Girls Club into a viable place for young people to spend after school time. “Rich was my DARE officer at Hapgood School about 10 or so years ago. A very nice, sharp, professional whom I greatly admired as did my class. What a fine, decent, and beautiful individual. He is one of the finest examples of law enforcement I can think of”. Rich taught Administration of Justice at Lompoc High School to give young adults a different view of the laws of society. Rich also taught classes to new recruits at the Alan Hancock Police Academy. “I worked closely with Rich when he taught at the Allan Hancock Police Academy. He was a brilliant and creative teacher.” During his time in Lompoc, Rich’s Marine Reserve unit was activated for Operation Desert Storm. In East Palo Alto, he helped by mentoring the Boy Scout Explorers. He worked tirelessly to help local young people in a one on one relationship. “the times that I spent with you in ride-alongs were exciting and fun I will never forget all the advice that you have given me in regards to my Future career in the marines/then my career in law enforcement the time that we spent having many discussions in the squad car will be priceless, I will always remember you”

While at the Lompoc Police Department, Rich received the prestigious H. Thomas Guerry Award in 1994 from the Santa Barbara Citizens Council on Crime for his role in saving the life of a victim suffering from cardiac arrest. In 1997 he was honored with the Distinguished Service Award from the Santa Barbara County Probation Department for his work with juveniles. The Lompoc Boys and Girls Club recently dedicated their gym to Rich. During his off duty hours, Rich raised money, painted, and repaired the building so young people would have a place to play after school. The center court circle will read “RICH MAY COURT”.

Rich always went out of his way to help others. A mother in East Palo Alto – “I was fortunate to witness first hand when Rich helped with my daughter over a year ago. She was missing and I can't even begin to explain how I felt. Officer May showed up, not because he was called to come out and take a report- that had been done. He knew our family and his face reflected my desperation. He wanted to find her; he wanted to help. One look at his face and I could tell that he genuinely empathized. He spoke of being a father himself. He was so articulate and poised. Most importantly though, his warmth just radiated about him. What a fantastic officer and human being.” From an East Palo Alto City Council person “When I first met him, I was happily surprised and impressed by his demeanor. In full uniform he radiated a disarming and comforting presence. Officer May was a person that was clearly at ease with himself and with our community. Community residents echo similar feelings about his gentlemanly manner in which handled his duties. He was the embodiment of community policing and served as a shining example of how an officer should comport him/herself in any community”. A school official – “Officer May came to the school and my aide on numerous occasions. He was the first one to respond when our Katrina funds were stolen. I was glad he responded because I think of him as the polite police officer that listened. Well God sent the right one that day. Even though he was calm, and in his usual professional manner, I could tell his heart was saddened.”

The letters from the individuals who state that Rich's personal involvement saved their lives are too difficult to share."

My sense of outrage is great. I'm outraged to see this tragic waste of a good and decent man," said state Attorney General Bill Lockyer as he fought back tears speaking at Rich’s services at the San Jose HP Pavilion. "We know that we can take some comfort in understanding that he was doing what he loved."

I spent many shifts riding with Rich on his Lompoc patrols. He often called me and asked that I ride with him. I suspected it was so he could talk. We never talked about anything specific – just talked. It was clear to me that he was good at what he did. It was normal for officers in the field to call him for a meeting so they could ask his opinion about a pending arrest or how to complete a form. An officer asked one evening how he could impound the tractor cab of a big rig that was in town at the truck driver’s friend’s house. It seems the driver would unhook from his trailer outside of town then drive in a very noisy way to the residential street. Neighbors had complained about the loud noise for many months. Rich reminded the officer that when the department impounds the vehicle of a drunk driver, the driver can get to work the next day by bus or a friend. Rich explained that the truck was the driver’s office and that they should not impound the truck. Rich explained how to write a ticket that would be an expensive and firm reminder of the noise. On another occasion, Rich pulled over a small older car that had just slowly rolled through a stop sign. He talked for a few minutes to the woman driver then came back to the patrol car and drove away. He explained that the woman’s driver license had expired a few days earlier. There was a new baby in a car seat, the windows were down, the baby was crying, the car was full of grocery bags, seat belts were on, and it was 110 degrees outside. Her home was only a couple blocks away. Rich handed back the license asking the woman to apply for a new license – and then told her he had another call. The woman obviously knew what Rich did because she came to the police department a couple days later to show Rich her new license and to thank him for allowing her to continue home. On another occasion, “I remember how one Christmas Eve me and my family were forced to flee our house and stay in a hotel because my ex-husband had become really violent. Rich came to talk to my kids and when he spoke to the 11 year old, tears formed in his eyes when she showed him the little Christmas tree she had decorated with lights and put up in the hotel room. He told her that she was very brave.”

A few weeks after high school, Rich wrote home from Marine Corps boot camp describing the time he was required to have a firm, non smiling face for his official picture. Because it took several takes to get a firm picture, Rich had to do extra physical activities.

Rich took on a special job for one year while at the Lompoc Police Department. He was the SHO officer. SHO was a special Granted program - the Serious Habitual Offender program. Juveniles that had several misdemeanors and felonies during the previous 12 months could be assigned to Rich. It was Rich’s full time job to keep track of these young people, talk with them, try to keep them in school, and help in their family life. I remember going to one juvenile’s apartment because the juvenile had not been seen for a couple months. The apartment was in the name of a man who was the boy friend of the juvenile’s stepmother. The real mother and father were in jail. We never made contact with this person. However, there were many other meetings with young SHO kids who respected Rich and were doing their best to work within the rules as established by Rich.

Funerals for fallen police officers are heartwarming, amazing, difficult and impressive. Heartwarming because our family suddenly had thousands of close friends, all offering do anything from hugging to grocery shopping. Amazing simply because of the mass of friends at the services. Difficult because it is so public. One minute we were at a happy surprise birthday party, the next in a hotel room protected by officers to make sure we were not bothered, then to a service that filled the San Jose HP Pavilion with thousands of officers and general public. Impressive because of the ceremony, the rider less horse with the backward boots, the 21 gun salute, the missing person flyover, and the long procession. The California Highway Patrol stopped traffic on the Southbound 101 from East Palo Alto to San Jose. The motorcade of police vehicles stretched four miles. It took 20 minutes for the full procession to pass under a huge U.S. flag, suspended over four-lane road in East Palo Alto by two fire department cranes. The procession followed Highway 101 southbound to San Jose, empty and quiet as cars were held at on-ramps. Officers were saluting at attention at all the on ramps. Overpasses were lined with fire trucks and saluting firefighters. Then a second service. The public process all over again. The funeral in Santa Maria two days later.

Those who knew Rich during his off duty hours, remember his constant companions everywhere he went - his two daughters, Deanna and Lauren and stepdaughter Brittany Cofield.

Rich was as involved with youth in East Palo Alto as he was in Lompoc. From a volunteer affiliated with the East Palo Alto Teen Home - “our agency has relied on our police department for assistance in dealing with our teen girls. Officer May would at any time, call our facility as well as have follow-up visits to check on the girls and hold them to high standards in working on their programs. I found it unusual for Officer May to speak to our girls in a fatherly manner, as well as an officer. It's not the type of personal, one on one interaction I expected to be a part of and it made me realize there was something different about this person. In speaking with other members of the community, checking in on you was the way he performed his job. Officer May I am sure, set many goals for himself. The goal of making a difference in the lives of others was attained.” From a department employee – “Having worked for 3 Police Department's in my life, I can say that Rich was the kindest, most compassionate, caring and all rounded officer I've ever had the pleasure to work with.”

A local corner grocery store In East Palo Alto was the object of regular robberies. Rich started visiting the store regularly to make his presence known to the area. He often sat in the store doing his reports. He stopped by several times a day to purchase lunch or a soft drink. Robberies ended at this store. Rich called me one day to tell me how bad he felt. Shortly after he left his shift the evening before, the store was robbed and one of the owners was shot in the shoulder.

One statement resonated from the funeral – “To honor Rich, individually find one young person who needs help. Spend your time with that youth. Help that person become a good and productive adult. And do it with a smile." Our family is working with, and raising funds for, the Redwood City Friends For Youth - the RICH MAY One-On-One MENTORING PROGRAM in East Palo Alto. Helping at-risk youth becoming attached to responsible adults on a one-on-one basis is the best way we can duplicate what Rich was doing. Our family is involved in several other projects. We are arranging for a scholarship for graduates from Rich's high school in San Luis Obispo, who need help attending police or fire academies. We are assisting the Lompoc Police Department PAL organization with youth activities - currently raising funds to purchase scoreboards for youth softball fields. We assist the Lompoc Boys and Girls Club in any way possible. The Boys & Girls Club is adding to their facilities for youth services. We assist with youth sports in East Palo Alto. Rich’s mother’s family is working on a field and building for youth activities in the City of East Palo Alto. If you wish to support one of these fine activities, send an email note to Rick May at OfficerRichardMay@gmail.com

San Mateo County is holding the 23 year old suspect in jail. The trial is expected to start December, 2008.

From the San Jose Mercury News “If every cop who dies in the line of duty is a hero, then perhaps Richard May was a superhero”. A retired Highway Patrol officer recently said Rich “was the best damn officer he ever met”.

And finally, a note shortly after Rich’s death from his cousin Sean. “Rich was my cousin and someone I looked up to my whole life. I am just now starting to be able to be sad, because all I have been able to feel is anger. For you kind people that did not know Rich and are offering your condolences, I wish you did know him. If all of the kind words spoken by those who knew Rich make it seem like he was a great guy, it only touches the surface of what an outstanding man he was. It is not often that people come along that are able to have such an impact on so many people in such a small amount of time. Being a police officer did not define Rich, it just happened to be the honorable way that he was able to help others. If Rich had been anything else he still would have been one of the best people I have ever known. (To Rich’s family), I wish so much that I could take your pain for you. My family and I are in so much agony for what you are going through. I hope we can all hold on to the good memories, and find some peace in knowing that Rich did the good deeds of 100 people in his own lifetime. We love you Rich, and we miss you, but we will never forget you. God bless. “

http://www.officerrichardmay.org/

Jury Instructions Debate

A court day closed to the public. The defense had four attorneys arguing the instructions at the public's expense.

People. v. Alberto Alvarez (9-6-83), East Palo Alto PD 187(A)&190.2(A)(7)& 12022.53(D)/12021(A)(1) 1-7-2006 Fatal Shooting Of EPAPD Officer Richard May On Weeks Street In EPA During Foot Pursuit Following Disturbance At Restaurant; Grand Jury Indictment; Death Penalty Case (DDA Steve Wagstaffe)

-54th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The judge discussed jury instructions with the attorneys all day. The court ruled on numerous legal issues involving the legal instructions to be read to the jurors Monday morning. Over prosecution objection, the judge granted the defense motion to instruct the jury on voluntary manslaughter based on the theory that Officer May provoked the defendant by hitting him with the asp and the defendant killed the officer while in a heat of passion. The court will also instruct the jury on voluntary manslaughter based on a theory that the defendant killed Officer May in the unreasonable but honest belief in the need to shoot in self-defense. So the jury will be given the choices of first degree murder, second degree murder, voluntary manslaughter and not guilty based on true self-defense. Judge Parsons granted prosecution special instructions on use of force and rejected the defense special instructions on use of force and unlawful detention. The trial resumes Friday morning at 11:00 with further discussion of the jury instructions. Closing arguments remain scheduled for Monday morning at 9:15 (the court will pre-instruct the jury the first hour, take a short break, and the closing arguments will follow). The defendant remains in custody on no bail status.

My guess - the judge provided several options for the jury in order to limit the number of appeals following the jury's decision.

Last day of Witnesses - Completed

53rd day of jury trial was completed in Dept. 9, Judge Craig Parsons. The third day of defense evidence was presented and one witness testified. Criminalist John Jacobsen of Forensic Analytical (defense crime lab) testified about his testing of the firearms evidence and about crime scene reconstruction. He testified that the physical evidence proves that Officer May fired the first shot and the defendant’s return fire resulted in the fatal headshot with the first bullet. On cross-examination he conceded that his version of the shots was not consistent with the testimony of several other witnesses (the three eyewitnesses, Dr. Benson and even the defendant’s version of events), but refused to budge and stated that his reconstruction of the order of shots was perfect and error was not possible. The defense rested its case at 3:20. The prosecution called one witness in rebuttal, Chief Ron Davis. Chief Davis testified as an expert in the policy of use of force, police practices and racial profiling. He testified that the testimony of defense use of force expert (Winthrop Taylor) was racial profiling when he stated that reasonable officers assume an Hispanic male does not speak English when he refuses to stop and that the primary reason an Hispanic male runs is because he is undocumented. Both sides rested at the end of the afternoon. The trial is in recess Wednesday for the court furlough day and the trial resumes Thursday when the jury instructions will be discussed

The prosecution presented 61 witnesses and the defense presented six witnesses. Closing arguments will start Monday morning and probably last most of the afternoon. At 9:15 the court will read the jury legal instructions to the jury; that takes about 45-50 minutes. Steve Wagstaffe will give his closing argument, followed by the defense closing argument. Then Steve Wagstaffe will give a rebuttal argument. The jury should get the case for deliberations by the end of the afternoon Monday.

http://www.officerrichardmay.org/

Newspaper Headlines do not Depict Court Events

Newspaper Headlines do not Depict Court Events

This note is to all those across the country who send me emails asking about the day in court, based on the information they read online. This note is to those who knew Rich growing up in San Luis Obispo and those who work and live in the two communities he served – Lompoc and East Palo Alto, California.

The headlines rarely have anything to do with the actual events in the court. The reading of the articles gives anyone sitting in the court the idea that there is a bias to the articles. What is clear at this time is that the defense witnesses are quoted and their thoughts are well covered. There is little coverage of the results of the prosecutor’s cross examination of the defense witnesses.

I am biased in my reports here in the blog. I am Rich’s father. But the great newspaper reporting bias in favor of the defense team is not proper. It can be expected in today’s media – which itself has fallen to a low in public respect. Allow me to present a couple examples:

“Lab Director Lampoons San Mateo County Criminologists”. A recent headline. The facts are – this person was hired by the defense to shoot holes in the county’s accumulation of crime scene material. This person is very qualified, and did point out several tasks that were not done correctly. One was the fact that an officer picked up Rich’s firearm because it was on the ground next to Rich and cocked, read to fire. The gun was carefully moved so that the emergency personnel could try to offer aid to Rich. The second event that was pointed out as incorrect was the fact that someone moved Rich’s patrol vehicle out of the way so paramedic vehicles could move to the scene. Again, a mistake. HOWEVER, when all “mistakes” at the crime scene were described, the defense criminologist witness could not say that any of the evidence presented in court was not correct and proper. A nice try by the defense, but scored nothing in front of the jury. They did score in the public because of the misleading headline.

“Accused said he Feared for His Life” In a surprise event, the defense attorneys put their client on the stand. The defense team asked Alvarez questions about his involvement and he answered all questions, including the fact he shot and killed officer May, including shooting officer May again as the officer was on the ground. In a very well coached effort from the stand, Alvarez looked meek, quiet, and someone who could not remember a lot about the event which has him facing the death penalty. If anyone in the courtroom believed his “I don’t remember” statements, then there is a total lack of realty to that person’s life. The newspaper stories stated that the prosecution called Alvarez a liar. Correct. That was his very first statement to Alvarez when it was his turn to cross examine Alvarez. All the remaining questions brought these statements from Alvarez: He first admitted he WAS A LIAR. He stated clearly that his job was a Drug Dealer. He admitted that he knew his way around the local properties, including having keys to the fenced area at the nearby apartment complex so he could pass through when he needed to get away. Alvarez admitted he knew he could not have a gun. He admitted that he carried a gun for protection. He admitted that he carried the gun with the Safety Lock switched off – so that he could shoot quickly. He admitted that he had time, but did not toss his weapon before the officer caught up with him. He sold Meth to two regular buyers that morning (but could not remember their names). He purchased his 9 millimeter gun from the pool hall near the shooting scene, but could not remember the name of the person he purchased from. Alvarez said he had $1000 in his pocket from drug deals, but could not remember why he told officers when arrested that he had no injuries. He was hoping to hide the fact he received a shot to the leg as Rich was falling to the ground after being shot by Alvarez. The newspaper headlined that Alvarez stated he “feared for his life”. The newspaper did not make it clear that he stated more than once to the prosecution that he “was a liar”.

I do not need to continue. Please remember when you read newspaper stories coming from the trial that these are certainly specifics about what the defense is doing, and the headline may have a thread of truth – but neither provides a true story of the day in court.

I cannot finish without making a comment about the defense attorneys (paid by the public). In any other court, the names and order of witnesses are provided to the other side. The defense is not doing this. The placement of Alvarez on the stand was a well planed movement, without notification to the prosecution. Alvarez was well coached. I expect that the defense hoped to catch the prosecution off balance by not being prepared to see Alvarez on the stand. It did not work. I expect the defense is hoping that they may have swayed one juror by his sad looks and low voice. Possible. However, Alvarez still admitted to walking to Rich and shooting again while Rich was down. Did the headline in the papers state this – no, the headline said he feared for his life.

To all of you, thanks for the large amount of email. To you officers – be smart. The unfortunate fact is that there are others who place no value of human life and will take it with a gun at any time.

Rick May
Rich's Father

http://www.officerrichardmay.org/

One Day Remains for the Defense Witnesses

One more day remains for the Defense Witnesses

Today was the "52nd day of jury trial, completed in Dept. 9, Judge Craig Parsons. The second day of defense evidence was presented and five witnesses testified. The cross-examination of the defense use of force expert Winthrop Taylor was completed. He admitted several significant errors in his report from February 2009 and, when asked why he did not write a supplemental correcting the errors, he said the defense attorneys told him that would not be necessary. (For example, one of the errors was that he originally wrote that the defendant suffered injuries from the police baton on both his right arm and his right buttock; he admitted in court that the only injury was to the arm and stated that he had confused a picture of the defendant’s arm with his right buttock)."

This was a sorry day for the defense. Mr. Taylor had nothing left to show that he was, in any way, an "expert". My personal opinion, an embarrassment for the Defense.

"Other witnesses were defense investigator Dan DeSantis (measurements), Sgt. Dave Carson (response to the shooting) and fiber evidence expert Laurie Kaminiski. Celia Hartnett of Forensic Analytical Lab (defense lab) testified in the afternoon about the alleged extensive mistakes made by the county forensic lab in collecting and testing evidence."

Ms. Hartnett was a very qualified witness for the Defense. However, she had to admit that none of the evidence brought to the trial was incorrect.

The trial resumes Tuesday morning at 9:15 with the final defense witness (criminalist John Jacobsen on firearms and crime scene reconstruction). The prosecution rebuttal case will be in the afternoon. Jury instructions will be discussed Thursday and closing arguments will be Monday morning. The defendant remains in custody on no bail status.

The only other important information this Monday evening - is that my granddaughter, Deanna, brought home made chocolate chip cookies to me in the motor home in the county parking lot. We had them for desert, with a coke. I think that is one of the requirements of being a grandfather - not doing what we taught our children. Rich, we miss you.

Rick May

http://www.offiicerrichardmay.org/

Death - or - Life Without The Possibility of Parole

Death - or - Life Without The Possibility of Parole. A Sunday evening reminder to those who are emailing. There are only two possibilities to the outcome of this trial. Alberto Alvarez will never see the streets again. His shooting of a police officer that only asked him to stop running away from him, and then stepping up to add execution shots as the officer lay on the ground - will only end with one of these two possibilities. The killing of a police officer requires only these two penalties. The execution shots require that this unbelievable person be put to death. There should not be a second option.

Rick May
Rich's father
http://www.officerrichardmay.com/

Alvarez Admits on the Stand that he Shot Officer May, followed by EXECUTION style shots while Officer May was on the ground

The Murderer of Officer Richard May took the stand on Thursday. There was no defense of his actions. He admitted to the killing of a police officer. He spoke clearly about his full time job – a drug seller. But spoke vaguely about his killing of Rich. He spoke about his sale of meth during the morning and what he ordered to eat at the taqueria that afternoon. Alvarez knew he had a thousand dollars in his pocket. But could not explain how he stepped up to Rich on the ground and fired shots again – in execution style.

We know from the evidence that Alvarez fired first and fired several times. Rich was able to get his gun out and fire one shot as he fell backward, hitting Alvarez in the leg.

Alberto Alvarez did his best to look meek and quiet on the stand. He amazingly stated that Rich shot first, hitting him in the leg. Then he described how Rich simply stood there pointing his gun at Alvarez doing nothing while Alvarez fired many times in “self defense”. The prosecutor, Steve Wagstaffe, spent three hours showing the jury that Alvarez lied about everything he described.

My opinion of the surprise placement of Alvarez on the stand – the defense had nowhere to go but up. The defense team was looking for a sympathetic juror. To date, the defense has been very weak in their attempt to save Alvarez from the death penalty. Alvarez was coached well before he took the stand. He was quiet, and continued to say that he could not remember much.

The second witness of the day was the defense’s Use of Force “expert”. This “expert” stated that in his opinion, Rich should not have tried to stop Alvarez in the manner that he did. We do not know what words were exchanged between Alvarez and Rich during the short period that Alvarez (an armed Felon) was running from Rich, and then turned on Rich with his gun, and then firing. The prosecutor, Steve Wagstaffe, had the “expert” admit that his knowledge of the use of force was limited. In addition, the “expert” witness admitted that he was fired from his last job as Police Chief in a small town in Washington State, for cause. A key reason was a full vote of Non Confidence by the police and city personnel. It seems that he is not really an expert – but a person the defense had to go far to find to support their opinion. Probably the most damaging statement from the “expert” witness for the defense was when he admitted his first report to the defense attorneys stated that Rich “probably” used the wrong choice of force in attempting to stop Alvarez. Once the Defense team reviewed the report, it was returned and changed by the “expert” to state that Rich “did” use the wrong choice of tactics. Amazing – for an “expert”. This witness returns on Monday morning for further questioning by Wagstaffe.

For All the Marines I met Today - Veteran's Day

THE FINAL INSPECTION

The Marine stood and faced God,
Which must always come to pass.
He hoped his shoes were shining,
Just as brightly as his brass.
'Step forward now, Marine,
How shall I deal with you?
Have you always turned the other cheek?
To My Church have you been true?'

The soldier squared his shoulders and said,
'No, Lord, I guess I ain't.
Because those of us who carry guns,
Can't always be a saint.

I've had to work most Sundays,
And at times my talk was tough.
And sometimes I've been violent,
Because the world is awfully rough.

But, I never took a penny,
That wasn't mine to keep...
Though I worked a lot of overtime,
When the bills got just too steep.

And I never passed a cry for help,
Though at times I shook with fear.
And sometimes, God, forgive me,
I've wept unmanly tears.

I know I don't deserve a place,
Among the people here.
They never wanted me around,
Except to calm their fears

If you've a place for me here, Lord,
It needn't be so grand.
I never expected or had too much,
But if you don't, I'll understand.

There was a silence all around the throne,
Where the saints had often trod.
As the Marine waited quietly,
For the judgment of his God.

'Step forward now, you Marine,
You've borne your burdens well.
Walk peacefully on Heaven's streets,
You've done your time in Hell.'
Author Unknown~

50th Day of the Murder Trail of Officer Rich May

-50th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The eleventh day of prosecution evidence was presented and two witnesses testified. The testimony of Sgt. Jeff Liu was completed and firearms expert Andy Smith testified as the prosecution 60th and final witness. His testimony was completed at 2:15 and the prosecution rested its case. The jury was released for the day and the defense section 1118.1 motion for judgment of acquittal was argued. The court denied the section 1118.1 motion in its entirety. The trial resumes Thursday morning at 9:15 with the start of the defense case. The defendant remains in custody on no bail status.

Photo - Marine Boot Graduation. Me,Rich and the Drill Sergeant

http://www.officerrichardmay.org/

Happy Birthday - US Marine Corps

Today is the Birthday Celebration of the United Stated Marines. Rich was a proud member of the Corps. In his Honor, a Marine in full dress uniform attended for a half hour this morning.

SEMPER FI

A Picture of Officer Rich May

Every day in the court, I am reminded that no picture of Rich prior to the murder is allowed. My guess is that a picture of Rich will greatly bias the jury. They will see an intelligent young man, a good father, a friend to all, and a person who loved his job. A person so involved with his friends that everyone can state he was their "Best Friend"

So, for the lack of a picture in court, here is a nice picture of Rich with Deanna and Lauren

Friday - No Court Today

Every Friday during the Murder trail, Judge Parsons takes care of his many other Calendar items. A Special note - Judge Parsons runs a strong and clear process in the courtroom. In addition, his Bailiff, Officer Baker, runs the daily tasks of the court. A good operation.


In answer to emails received. First, a definition of the outcome of this trial. There is no question that Alberto Alvarez shot and killed Officer Rich May. The defense team admitted this fact during their opening statement. At the end of this trial, Alberto Alvarez will face either LIFE without the possibility of parole, or the DEATH penalty. The prosecution is presenting a case for the death penalty, which includes the fact that Alberto Alvarez approached Officer May, wounded on the ground, and shot him again. An execution. The defense team is hoping to convince the jury that Officer May stepped outside his authority in telling Alberto Alvarez to stop running away from him, which ended in a shootout that apparently Alberto Alvarez felt necessary to defend himself. And, the final executionstyle shots are not execution if Officer May was already dead - an amazing proposition. If the jury accepts this presentation, then Alberto Alvarez will get Life without the possibility of parole

Finally, a picture of my home at the San Mateo County Courthouse.


Rick May

http://www.officerrichardmay.org/

People v. Alberto Alvarez - Murder Trial of Officer Rich May

(Our family trip Walt Disney World - Rich and a young Deanna, now a senior at Menlo-Atherton Hign School)

People. v. Alberto Alvarez (9-6-83), East Palo Alto PD 187(A)&190.2(A)(7)& 12022.53(D)/12021(A)(1) 1-7-2006 Fatal Shooting Of EPAPD Officer Richard May On Weeks Street In EPA During Foot Pursuit Following Disturbance At Restaurant; Jury Indictment; Death Penalty Case (DDA Steve Wagstaffe)

-49th day of jury trial was completed in Dept. 9, Judge Craig Parsons. The tenth day of prosecution evidence was presented and five witnesses testified. David Rose, the prosecution use of force expert, testified all morning and half the afternoon. He testified that Officer May had reasonable cause to the defendant and his use of the police asp to strike the defendant on the arm was not excessive use of force. He stated that when the defendant took out his handgun, the officer was fatally “behind the curve”. He testified that Officer May did not use excessive force but actually used inadequate force in light of the facts he did not know: that the defendant was a parole with a loaded handgun. He stated that Officer May unknowingly was bringing an asp to a gunfight. The other four witnesses were Sgt. Rick Tippins (photographs of the bruise on the defendant’s arm), Officer James Byrnes and Deputy Eric Mertl (finding the letter in the defendant’s cell in which he tried to manufacture a mental defense), and investigating officer Sgt. Jeff Liu. One defense witness (defense investigator John Maness) testified about the PAL market security video with the dispatch audio laid over the video and photographs of the defendant’s car. The trial is in recess Friday and Monday (defense attorney family event) and will resume on Tuesday at 9:15 with the final prosecution witness. The defendant remains in custody on no bail status. The defense attorneys are Charlie Robinson and Eric Liberman.

One final witness on for the Prosecution on Tuesday. Then the defense starts with their witnesses.


I skipped a few days of blog. The trail has become quite difficult for me. Pictures, explicit description by the criminologists and the forensic specialists. I missed several hours on a couple days, and missed yesterday completely. I felt much better today. A good day, thankful the forensics are finished. It is a real pleasure watching Mr. Wagstaffe question each witness.

Our family thanks all of you for the growing number of emails of support. It looks like there is a possibility that the case will go to the jury by Thanksgiving. If this is true, the trial is going quicker than I expected.

Good Night, Rick