May 13, 2010
Daily Republic
FAIRFIELD — The prosecution's star witnesses testified Thursday in the trial for the ex-con who allegedly shot and killed Fairfield City Councilman Matt Garcia.
The woman, Nicole Stewart, recounted how her boyfriend, Henry D. Williams, got out of their parked car and fired several shots at the driver of a Cadillac that had passed by their car moments earlier.
Williams' defense attorney, John Mendenhall, needed to discredit Stewart's believability to support his defense strategy claiming the real shooter was the other man in the car on the night of Sept. 1, 2008, Gene A. Combs.
Mendenhall was mindful of Stewart's version of events from testimony at a 2009 probable cause hearing. However, he did not flesh out any solid motive for Stewart to lie as he tried picking apart the lies she initially told Fairfield police when she was arrested 11 days after the shooting.
Stewart repeatedly said she could not remember what she told police in the recorded interview, prompting Mendenhall to repeatedly give her a transcript to help her remember. Sometimes, but usually not, Stewart's memory remained flawed.
Judge Rob Bowers grew frustrated with Mendenhall's piecemeal approach and had Stewart read the interview transcript all at once, while in the jury box and while jurors sat in silence for about 15 minutes.
Prosecutor George Williamson countered by going over the four later consistent interviews Stewart had with police after naming Williams as the shooter, who allegedly had acted because he mistook Garcia as a drug dealer who had stiffed Combs in a drug buy earlier in the day.
"I didn't want anyone to get into trouble," Stewart said of her initial lies.
Stewart described Williams being out of the car for 35 seconds and the sounds of several pops from behind the car before Williams got back in the car and told her to drive off.
Stewart sat behind the wheel, eating fried chicken, during the shooting. She did not talk about the shooting afterward or ask Williams about fleeing to Las Vegas the following day.
Mendenhall also focused on Stewart's rocky relationship with Williams. She was pregnant with his child at the time of the shooting, and they were sharing an East Tabor apartment.
Details of Stewart getting more than $11,000 as part of a witness protection program in the months after the shooting were explored by Mendenhall, but Williamson repeatedly had Stewart say the money had not influenced her version of events.
District Attorney David Paulson was criticized repeatedly over the decision not to charge Stewart with any crimes while charging Williams and Combs with murder.
The drug dealer who lived near the Silverado Drive shooting scene also took the witness stand. Ryan Estes said he's repeatedly sold Combs -- who he knew as Methhead Gino -- methamphetamine. He'd also sold methamphetamine and cocaine to Williams.
Estes grudgingly testified he'd taken $50 from Combs before using the money to buy beer before going to Oakland to party.
Combs called Estes about 15 times after he figured out he'd been fleeced. He ignored all the calls, Estes said, but listened to three messages after learning about the shooting.
"Those bullets were meant for you," the message stated. Estes was unsure whether Williams or Combs was the speaker but said the voice was "evil."
Estes is expected to retake the witness stand when the trial resumes this morning.
Reach Jess Sullivan at 427-6919 or jsullivan@dailyrepublic.net.
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