Officers testify in preliminary hearing for deadly Chino shootout
RANCHO CUCAMONGA -- Eight law-enforcement officers testified today in a preliminary hearing for two men accused of robbing a Papa John's restaurant in Chino, and exchanging gunfire with officers when police arrived.
In addition to several counts of attempted murder, Joel Anthony Jaquez and Edward Ramon Cisneros, both 29, are charged with murder because a bystander was killed during the Feb. 1, 2009 shootout.
The bystander, 23-year-old Daniel Balandran of Riverside, was mistaken for one of the robbers and shot with an assault rifle by Chino police Cpl. Claudia Lisner.
In a full day of testimony in West Valley Superior Court, a recurring line of questioning centered on whether Lisner gave any commands before shooting Balandran, who was fleeing the area with a friend after police and robbers began shooting.
Balandran's friend, as well as a man who saw Balandran's killing from the drive-through of an adjacent McDonald's, said Lisner didn't give any commands before opening fire, according to testimony today.
A Chino police trainee who was partnered with Lisner testified that he couldn't hear whether Lisner gave any commands before firing because the sound of gunfire in the shootout was too loud.
Jaquez and Cisneros' preliminary hearing, in which prosecutors present evidence for a case to proceed to trial, is scheduled to resume Thursday morning. Deputy District Attorney Michael Dowd said he has one more witness to call.
Cisneros acted as his own attorney during the hearing, leading to some unusual exchanges with witnesses.
When responding to a question from Cisneros about the aftermath of the shootout, a San Bernardino County sheriff's deputy told Balandran he recalled "(assessing) your injuries."
"Did you carry me out of Papa John's?" Cisneros asked the deputy.
"Yes," with assistance from another officer, the deputy responded.
Jaquez and Cisneros, of Hacienda Heights and La Mirada, respectively, allegedly forced open the front doors of the Central Avenue restaurant at closing time, then robbed the manager at gunpoint.
A woman who witnessed the forced entry called 9-1-1, and Jaquez and Cisneros were still inside the pizzeria when officers began arriving, according to testimony today.
Chino police Sgt. Andrew Bjelland testified that police were forming a perimeter around the Papa John's when Jaquez began shooting at officers from the front of the building.
Lisner and Skropos were then positioned at the south end of the building next to the adjacent McDonald's, Skropos testified.
Balandran and Orosco were sitting in a parked car eating McDonald's food when the gunfire started. They left the car and ran toward the back of the pizzeria, away from the shootout.
Skropos testified that he was taking cover near Lisner -- who was crouched behind a parked car -- when he first noticed two men crouching and walking quickly toward the rear the Papa John's.
When Balandran walked past the car where Lisner was hiding, he turned to face the corporal, then began to rise from his crouched position, Skropos testified.
"His hands came up as the upper portion of his body came up," Skropos testified.
As Balandran rose, Lisner shot him once in the upper-left portion of his chest with an AR-15 assault rifle. The bullet passed through Balandran's body and exited his back.
Skropos, who had only been with the Chino Police Department three months at the time of the incident, said he was unsure whether Lisner shouted any commands.
"I couldn't hear anything because of the gun shots," Skropos said.
Lisner told detectives she ordered Balandran more than once to show his hands before shooting, according to investigative reports.
Lisner reportedly believed Balandran may have been holding a gun when he shot him. But when the crime scene was examined, investigators discovered Balandran was holding his McDonald's food when he was shot, according to police reports.
Seems like there are some cops who need to better training since they can't tell the difference between a Big Mac and a firearm.
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