Man on trial for murder head-butts his attorney in court

By MARK MOREY
Yakima Herald-Republic


YAKIMA, Wash. — A Toppenish man on trial for murder head-butted his lawyer as both sides were preparing to wrap up the case this morning.

Medics were called for Yakima attorney Adolfo Banda, who later told Judge Michael Schwab that he would have to leave court to get stitches.

He appeared to be bleeding heavily from a cut above the left eye just after client Eriberto Gonzalez assaulted him about 9:20 a.m.

Gonzalez was quickly surrounded by guards and placed in a chair outside the area reserved for attorneys. The jury was not in the courtroom at the time.

Gonzalez’s trial opened last week in Yakima County Superior Court.

He is charged with first-degree murder in the March 17, 2007, shooting death of Ezequiel Reyes outside a Toppenish mini-mart.

Reyes, who worked at the store, was walking to his car when the shooter, later identified as Gonzalez, fired several shots, police said. Reyes fell to the ground after being hit in the back, according to a co-worker’s testimony.

Gonzalez then stood over the victim and “shot him right in the head,” the woman testified.

Gonzalez believed his girlfriend had had an affair with Reyes, according to a police report filed in court. The 25-year-old Reyes was married and had a son.

Before he was head-butted, Banda had told the judge that Gonzalez disagreed with his strategy to call defense witnesses and play some sort of recording.

Schwab confirmed that with Gonzalez, then started discussing plans for Banda and deputy prosecutor Duane Knittle to present their closing arguments.

Gonzalez stood up, facing away from the judge, and held a whispered conversation with his attorney. He glanced over at the court security officers several times before suddenly striking Banda.

After Banda informed the judge that he needed stitches, Gonzalez questioned whether the trial should continue. He contended Banda had had a conflict of interest since the start of the case.

Banda indicated that he would return this afternoon to continue representing Gonzalez.



Commentsicon2
Posted by thetruth at 09/30/09 11:27AM        Post ID#: #14236

Gonzalez stood up, facing away from the judge, and held a whispered conversation with his attorney. He glanced over at the court security officers several times before suddenly striking Banda.

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Lets see
1. Kill a guy cold blooded. check
2. Assualt your attorney in court. check
3. Locked up for life because what he could do in the public. Hopefully another check.

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Posted by Nick at 09/30/09 11:27AM        Post ID#: #14237

This guy has proven once more that he is an animal for life. Hopefully, they will add another 120 years on top of his sentence. Too bad the jury wasn't present to see that. I suppose they will never hear about it, since in these kind of cases, the information will be withheld from them.

Maybe our prosecutor will have the guts to go for the death penalty - he certainly deserves it and it would save the State a lot of incarceration money - provided that Gov. Gargoyle will not release him early because of the budget.

Obviously, he will never be rehabilitated.

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Posted by Gracious at 09/30/09 12:48PM        Post ID#: #14248

That seems excessive, Nick. I mean, the guy is a truly genuine @#$%, but it's not as if a headbutt should get a guy 120 year assault charge. We've got to be fair and realistic in the matter, even if he's charged with a normal assault on top of his murder charge, he's going to be in jail for life. I think a death sentence would be a stretch.

Certainly demonstrates his guilt and inability to perform in society, though. I mean, clearly the course of action in that situation would be to talk to the judge, instead he just decides to up and headbutt his own attorney. I'll be surprised if he finds anyone else to represent him, so I wouldn't be too worried about him not spending the rest of his life in jail.

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Posted by lobo at 09/30/09 12:51PM        Post ID#: #14250

Sounds like the defendant needs a field trip to the fair.

How desperate is this attorney to remain on the case? Have an ounce of self respect Adolfo.

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Posted by FrustratedinYakima12 at 09/30/09 03:25PM        Post ID#: #14278

Hmmmmmm, Sounds like another happy client of Adolfo Banda. Was the conflict that Banda is a sketchy lawyer or that he represents sketchy people that offer alternative methods of payment? Sounds like it calls for a head butt, or is that a butt head? Good Job another great Yakima story.

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Posted by ChicanoFamily at 09/30/09 03:27PM        Post ID#: #14281

Wow! And Mr. Banda remains on the case? He is either a very dedicated and loyal attorney to his client (even if his client is a geniune jerk!) OR he really does have a conflict of interest that he wants to keep a tight lid on. Hum? Wonder which one it is.

But to Mr. Nick, I believe you have some serious anger issues yourself bud. It almost sounds as though you might be a "behind the door racist" Everytime I read your blogs, its always about hating on the "Latino" Why? Do you completely disregard other points, like the one I raised above, due to your racial overshadowings of anything else. 120 yrs! Death penalty. Wow! I sure you are not ever summoned for jury duty, its obvious what your deliberation would be if a latino is involved. Wow!

I agree that headbunter is a dumb jerk, but we may also want to include Mr. Nick in that equation of non-intellectual haters in the Valley. They just seem to think on the same level........Hate......!

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