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

By MARK MOREY
Yakima Herald-Republic

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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.



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