Weather Alert

Week 1 recap of the Otis McKane capital murder trial

SAN ANTONIO (KTSA News) — Jurors listened to witnesses testify and viewed video from the day San Antonio Police Detective Benjamin Marconi was killed in November 2016 during the first week of the Otis McKane capital murder trial.

The trial is the first death penalty trial in Bexar County in five years.

Prosecutor Tamara Strauch delivered opening statements Monday.

“‘It felt good to shoot him’ came out of this defendant’s mouth when he was being patted down at the Magistrate’s Office detention center after he was arrested for the capital murder of San Antonio police officer Benjamin Marconi,” Strauch told jurors Monday.

On Tuesday, KSAT reported that jurors listened to eyewitness testimony from multiple individuals and viewed video footage from inside Marconi’s patrol vehicle at the moment he was shot and killed.

A juror reportedly left the courtroom twice after video footage was shown and defense attorney Ramon Fuchs said they became physically ill.

First to the stand was Ricky Lee Martinez, the driver of the vehicle that Marconi had pulled over for a traffic violation. Marconi was shot in his patrol ticket while writing Martinez a citation.

He told jurors he was driving to visit the River Walk with his pregnant girlfriend and their three children when they got pulled over in front of Public Safety headquarters.

He said he saw a black car pull up behind the patrol vehicle and witnessed the shooting take place. He told the court he feared for his family’s lives and told his wife and children to stay down, stay quiet and to not move.

Martinez testified the incident continues to traumatize him.

Martinez reported the gunman got back in his car, drove through a parking lot and eventually drove away. After the driver was gone, Martinez said he got out of his car and approached the patrol vehicle with his hands raised.

“I could see him laying there and saw blood coming out. I [froze] and stuff. I wanted to help but I was afraid to help,” Martinez said.

He reported that Marconi was bleeding from his neck and was holding Martinez’s driver’s license in his hand. Moments later Martinez said police arrived.

A mother and daughter were among multiple witnesses who took the stand to testify Wednesday, KSAT reported.

Jennifer and Alexandria Patterson were heading to brunch on the morning on Nov. 20, 2016, when Alexandria alerted her mother that a man had a gun.

“I immediately knew what she was talking about. There was a man who had a gun, and something was going to happen,” Jennifer said.

Jennifer said they hid briefly but returned to check on Marconi.

“We ran to the officer’s car, and told my daughter, ‘Go sit over there.’ It was obvious by a hole in his temple that there was nothing that could be done for him,” Jennifer testified.

A VIA bus driver said he saw McKane run back to his car after killing Marconi and told jurors he identified McKane out of a lineup.

Mike Flores told jurors he was the first to find Marconi injured and said he witnessed McKane return to his vehicle after hearing gunshots.

Two San Antonio police officers took the stand on Thursday, KSAT reported. Body camera footage from both officers was shown to the jury in addition to their eyewitness testimony.

Jurors are viewing evidence from the crime scene and crime scene video today, according to KSAT Court Reporter Erica Hernandez.


Connect With Us Listen To Us On