http://www.jsonline.com/news/metro/may05/328270.asp

'I just shot a person'

At inquest into killing, officer testifies that he feared for his life
By DERRICK NUNNALLY
dnunnally@journalsentinel.com
Posted: May 23, 2005

Milwaukee Police Officer Alfonzo Glover told a jury Monday about the night he killed Wilbert Prado after a slow, strange off-duty car chase in March that almost ended with him being run over.

"I thought, 'If I don't move, I'm going to be completely crushed,' " Glover testified at the inquest into Prado's death just after midnight March 6.

Instead, Glover said, he jumped mostly clear while shouting, "I'm a cop!" then ended up chasing Prado on foot.

"I wanted to safely and effectively take him into custody," Glover testified, but Prado kept reaching into his jacket and pointing his arm at Glover while running away.

Minutes later, Glover was standing over Prado's body and calling 911.

"I just shot a person," Glover told the operator.

Prado, a 25-year-old illegal Mexican immigrant, died in a south side alleyway after being shot eight times from behind. Investigators later found that Prado, who had been drinking, did not have a gun. Glover testified he had no way of knowing that, after narrowly eluding Prado's van only to see an arm extended back toward where he sat on the pavement.

"I felt as though the driver was armed with a dangerous weapon and he was about to shoot me," Glover said during his methodical afternoon testimony.

The inquest, expected to last most of the week, could include testimony from about 30 witnesses, Deputy District Attorney Patrick Kenney said. After hearing Kenney's presentation, the jury, which includes five women and two men (including one alternate), will offer an advisory verdict on whether Glover should be prosecuted for the slaying.

District Attorney E. Michael McCann, who makes the decision on filing charges, took notes in the gallery during Glover's testimony but declined to comment. In his 35-year tenure, inquests into police use-of-force deaths have only rarely led to prosecutions, and only twice within the last 20 years have inquests ended with juries not completely clearing the officers. No charges were filed in either case.

Kenney made a point of telling the jury that while some of the testimony will describe Glover's pursuit of what he believed to be an armed and dangerous man who hit him with a van, other evidence will undercut the claim of self-defense. Kenney said Prado apparently had no gun, even though police officers "literally climbed on roofs, garage roofs" looking for one.

Glover, 34, a four-year MPD officer, had ended his Third District patrol shift at midnight and was driving to his south side home when he noticed a van a car-length or two behind him flashing its high beams on the Holt Ave. off-ramp from I-94.

Glover said he didn't remember any honking or other confrontation before then, and "pretty much ignored" the van. He continued home, but the van stayed behind him, flashing its lights "every 30 seconds," he said.

"I was kind of thinking, 'Maybe this is coincidental,' " Glover testified. "I didn't know or understand why the vehicle was flashing its lights."

Glover said he pulled over to let the van pass, but it stopped until he got back on the road. The lights flashed again, Glover said, so he decided not to take his usual alley shortcut home.

Glover said he drove near a pair of taverns - where people would presumably be around in the small hours - near the intersection of S. 9th St. and W. Ohio Ave., then pulled over again to wave the van past. Glover said he got out of his car "to see if there were any people" nearby, and noticed the van accelerating toward him.

"The driver of this vehicle just had this very mean, almost evil, look on his face as he turned the wheel," Glover said.

He said he darted to the other side of the street and was partly hit by the van. Kenney told the jury cloth on the bumper corroborates the collision, which left Glover scraped and bruised.

Glover said he rolled on the pavement, saw the van stop, then pulled out his off-duty .45 caliber semi-automatic handgun as he stood up. He approached the van but said the driver pointed a hand backward out of the van as if armed. Glover shot toward the van, emptying the nine-round magazine.

Prado, he said, then exited the van while reaching into his jacket. Glover said he reloaded and chased Prado into the alley, shouting: "Drop your weapon! Milwaukee police!"

Prado's fiancée, Veronica Gonsalez, has said Prado, an undocumented immigrant from Mexico, spoke no English.

Glover's testimony gave no indication Prado understood the shouted commands. Instead, Glover said, Prado reached into his jacket, then stuck his hand out toward Glover.

"At this point," Glover said, "I thought, 'I'm going to be shot for sure.' "

He emptied a second magazine at Prado, then called 911 for an ambulance.

Gonsalez broke down crying several times while listening to Glover's testimony. She came out of the courtroom with tears in her eyes.

"It was terrible," she said. "I was really frightened. . . . I really wish I could have heard the other side, but I can't."

Gonsalez has said earlier that she last saw Prado, the father of her two children, about 2 p.m. on March 5. He went to a friend's house and later to another's, where he was drinking alcohol, an autopsy report states, and was found to have a blood-alcohol level of 0.22, nearly three times the 0.08 level that is considered evidence of legal intoxication in Wisconsin.