Pubdate: Thu, 18 Mar 1999 Source: Houston Chronicle (TX) Copyright: 1999 Houston Chronicle Contact: http://www.chron.com/ Forum: http://www.chron.com/content/hcitalk/index.html Author: Steve Brewer OREGON KIN WANT CHARGE DROPPED Misdemeanor Trial Will Begin Monday After complaining bitterly about a Harris County grand jury probe into the death of Pedro Oregon Navarro, his family now wants the only charge brought by that panel to be dismissed. They have asked prosecutors to dismiss a misdemeanor charge of criminal trespass against James Willis, an ex-police officer charged in connection with the July 12 shooting. The request, which could affect Monday's scheduled trial of Willis, could be an attempt by family attorneys to keep Pedro's brother, Rogelio Oregon, from testifying in a state court. Prosecutors say they can't consider the family's request until they talk to Rogelio Oregon, which they haven't been able to do because they can't find him. His attorneys, who have promised prosecutors his cooperation in the past, haven't told state authorities where he is and prosecutors say he has eluded Harris County district attorney's investigators who have tried to serve him with a subpoena to testify in Willis' trial. On the other hand, Rogelio Oregon has cooperated fully with federal authorities investigating his brother's death, said Paul Nugent and Chris Flood, two of his attorneys. He testified before a federal grand jury Wednesday. But Rogelio and his family are apparently no longer extending the same cooperation to state prosecutors. Rogelio was in the apartment the night that Houston police officers shot and killed his brother. Acting on an informant's tip that drugs were being sold there, six officers burst in. After one officer accidentally fired his weapon, the officers opened fire on Pedro Oregon, hitting him 12 times, nine in the back. Some of the officers have said that Oregon pointed a gun at them. He did have a gun, but it had not been fired. The officers had no arrest or search warrant, and no drugs were found in the apartment or in Oregon's system. After a lengthy grand jury investigation, only Willis, 28, was indicted, on the misdemeanor charge. All six officers have been fired. When that grand jury investigation ended, an FBI and federal grand jury probe began and a federal civil rights lawsuit was filed, all amid harsh criticism of police and prosecutors by protesters who say the shooting was not justified. "We have requested that the district attorney's office honor the request of the family to dismiss the misdemeanor prosecution and let the federal government proceed with their comprehensive investigation of all six officers involved in Pedro's death," said Nugent, who is also representing Pedro Oregon's family in the lawsuit against the city. Nugent's comments were echoed in a letter from attorney Richard Mithoff to prosecutor Edward Porter on Wednesday. Mithoff, who is also representing Oregon's family, wrote that dismissal of the charge against Willis will spare the family additional pain and "avoid the risk of compromising the ongoing federal investigation." Mithoff could not be reached for comment Wednesday, and Nugent repeatedly refused to say whether the family's request, which came in the form of a signed affidavit from Rogelio, means that Pedro's brother won't show up to testify on Monday. "We ask the district attorney to please consider the feelings of our family," says the affidavit signed by Rogelio Oregon. "We have already suffered enough. Please do not insist on going forward with this misdemeanor trial while there is an ongoing federal investigation into much more serious felony charges against all of the officers involved." Willis' trial has already been delayed once because Rogelio refused to testify, a problem prosecutors had thought they had addressed in subsequent meetings with Mithoff. Willis' attorney, Brian Benken, could not be reached for comment Wednesday, but he has said he would ask for a dismissal if Rogelio does not show. He has also said he is looking forward to cross-examining him. Porter said his office received Rogelio's affidavit March 2, but there are problems with it. But he said Willis' trial in Harris County Court-at-Law Judge Neel Richardson's court will continue as scheduled. When complaining witnesses request that a charge be dropped, prosecutors routinely talk with them, Porter said. "The bottom line is that we always try to honor requests from families as much as we can within the confines of the law," Porter said. "But especially in a case like this, it would be important for us to meet with (Rogelio). We can't make that decision (on dismissal) until that happens, and we can't make that decision based on this document." Asked if he would serve a subpoena on Rogelio at any such meeting, Porter would not comment. If a subpeona is served, prosecutors would have more leverage to get him into court. Porter also would not comment on whether he thought the request was merely an attempt to keep Rogelio out of criminal court -- and away from the cross-examination of defense attorney Benken. "I, of course, expect him to be there (Monday) since there's been no indication he won't be," Porter said. "As far as I know, I still have an agreement with Mr. Mithoff." - --- MAP posted-by: Derek Rea