Up close and in slow motion, the aftermath of the incident scene where William "Bill" Ware died was unsettling.
During the approximate 22 minutes of the crime scene forensic video the courtroom sat in silence, interrupted only ten times by Deputy District Attorney Duffy Magilligan's questions to Mountain View Police Department Officer Daniel Garcia.
Ware's family wiped tears, with fingers or napkins, off their faces. Defendant Matthew Pumar's eyes swelled with emotion, but he sat still as he watched the video, Exhibit No. 3, on the projection screen.
At various intervals, Officer Garcia described what he saw that day: tire marks on the curb, blood and body tissue on the bus stop bench and shelter, a severed foot beneath a yellow tarp in the street, a piece of fractured bone, poles bent completely on their side, chunks of grass completely ripped from an area, two 12-inch in diameter trees torn down, another one completely uprooted.
Pumar's car—a 2004 Audi A4 had stopped 194 feet from the intersection of California Street and Escuela Avenue on the grounds of the Maplewood Apartments at 1885 California St. and faced west, in the wrong direction. Near the Audi, also beneath a yellow tarp, was Ware's "pretty mangled body faced down," Garcia said, but in more graphic detail.
Before Garcia took the stand, Tedmund Charles Muñoz did so—the first witness of the afternoon session after the three morning testimonies.
Muñoz described that when he exited 1931 California St. around 9:25 a.m., he began to walk eastbound toward Escuela Avenue. He then heard and felt "a car moving, driving really fast." He looked to his left and saw Pumar's vehicle.
According to Muñoz, he worried at first because he thought the car would hit him. Then he saw Pumar's vehicle go past him toward the intersection. Muñoz testified that when he first looked up he saw that the light was green and then it turned yellow, when the Audi was about 10 to 20 feet from the crosswalk. He testified that when the light was red, Pumar accelerated.
"The car was going 70 to 80 mph, faster than I've ever seen on that street," Muñoz said, an estimate he based from his frequent walks to the library.
Then he saw the morning witness' Joshua Bailey's construction van going through the intersection and Pumar's car try to avoid it. Pumar did, but then it jumped the curb onto the bus stop.
"I didn't realize there was someone there because of the explosion [of water] and the smoke," Muñoz said. By this point he was in front of 1921 California St., closer to the intersection and he told a maintenance worker to call 9-1-1. Muñoz walked over to help the driver, who identified in court as Pumar.
Officer Garcia interrogated Pumar at police headquarters sometime after Noon on that Tuesday, June 21. Pumar told Garcia he had left the 24-Hour Fitness gym on California at about 9:20 a.m. and proceeded eastbound on California Street on his way home to shower before work.
Pumar told Garcia that he maintained a constant speed of 40 mph on California Street, which when asked, Garcia told the court was a 35 mph zone. Pumar admitted to Garcia that when he approached Escuela Avenue he saw the traffic light cycle to yellow and he accelerated "by putting his foot on the gas pedal as far as it would go so that he could beat the light."
Garcia continued and added that Pumar said, "his vehicle jumped and he couldn't recall how fast he was travelling."
In his testimony, Garcia said Pumar told him "he observed a white van in his path and swerved," and "yanked the steering wheel, but the vehicle didn't respond." Pumar told Garcia he lost control and hit the bus shelter."
"He didn't recall if he hit anybody," Garcia said adding that he himself observed deployed airbags at the scene. Pumar then told him that, "he didn't want to wait for the light to change. He was being impatient."
Editor's Note: The first day of the preliminary hearing has been broken up into three parts due to the amount of details made available to the public. For the first story, please read First Day of Testimonies in Death of Bill Ware. This is the second part. The third explains some of the court procedure, courtroom analysis and include comments from the attorney's.
Follow the story:
- Man Killed at Bus Stop After Car Careens into Him
- FOLLOW-UP: Pedestrian from Fatal Traffic Accident Identified
- Remembering William "Bill" Ware
- A Brother's Words About the Loss of his Brother
- In Memoriam: 'Bill is Like an Angel'
- Man Who Drove into William Ware Charged
- First Day of Testimonies in Death of Bill Ware
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