Mr. Benavides.

open, and he was right in front of the door, and just about in front of the fender. I would say he was between the door and the front headlight, about middleway when he started to fall.

Mr. Belin.

Did you notice where the gun of the policeman was?

Mr. Benavides.

The gun was in his hand and he was partially lying on his gun in his right hand. He was partially lying on his gun and on his hand, too.

Mr. Belin.

Then what did you do?

Mr. BENAVIDES. Then I don't know if I opened the car door back further than what it was or not, but anyway, I went in and pulled the radio and I mashed the button and told them that an officer had been shot, and I didn't get an answer, so I said it again, and this guy asked me whereabouts all of a sudden, and I said, on 10th Street. I couldn't remember where it was at at the time. So I looked up and I seen this number and I said 410 East 10th Street.

Mr. Belin.

You saw a number on the house then?

Mr. Benavides.

Yes.

Mr. Belin.

All right.

Mr. BENAVIDES. Then he started to--then I don't know what he said; but I put the radio back. I mean, the microphone back up, and this other guy was standing there, so I got up out of the car, and I don't know, I wasn't sure if he heard me, and the other guy sat down in the car.

Mr. Belin.

There was another passerby that stopped?

Mr. Benavides.

Yes, sir.

Mr. Belin.

Who was he, do you know?

Mr. Benavides.

I couldn't tell you. I don't know who he was.

Mr. Belin.

Was he driving a car or walking?

Mr. BENAVIDES. I don't know. He was just standing there whenever I looked up. He was standing at the door of the car, and I don't know what he said to the officer or the phone, but the officer told him to keep the line clear, or something, and stay off the phone, or something like that. That he already knew about it. So then I turned and walked off. I never did assist him after that at all.

Mr. Belin.

Then what did you do?
Mr. BENAVIDES. At the time I walked out, I guess I was scared, so I started across the street--alley between the two houses to my mother's house, and I got in the yard and I said I'd better go back, or Just caught myself until I got over there, I guess, so I went back around there.

Mr. Belin.

When you went back, what did you do? First of all, was there anything up to that time that you saw there or that you did that you haven't related here that you can think of right now?

Mr. BENAVIDES. Well, I started--I seen him throw the shells and I started to stop and pick them up, and I thought I'd better not so when I came back, after I had gotten back, I picked up the shells.

Mr. Belin.

All right. Now, you said you saw the man with the gun throw the shells?

Mr. Benavides.

Yes, sir.

Mr. Belin.

Well, did you see the man empty his gun?

Mr. Benavides.

That is what he was doing. He took one out and threw it.

Mr. Belin.

Do you remember in which hand he was holding his gun?

Mr. Benavides.

No; I sure don't.
Mr. BELIN. Do you remember if he was trying to put anything in the gun also?

Mr. Benavides.

Yes. As he turned the corner he was putting another shell in his gun.

Mr. Belin.

You saw him?

Mr. Benavides.

I mean, he was acting like. I didn't see him actually put a shell in his gun, but he acted like he was trying to reload it.
Maybe he was trying to take out another shell, but he could have been reloading it or something.
Mr. BELIN. Let me ask you now, I would like to have you relate again the action of the man with the gun as you saw him now.
Mr. BENAVIDES. As I saw him, I really---I mean really got a good view of the man after the bullets were fired, he had just tuned. He was just turning away.