Patrolman Casey Eubanks testified this week that he suffered a half-inch long and a half-inch deep knife wound in the Valentine’s Day confrontation.
“I felt a sharp burning on my left side,” he testified on Wednesday.
Contrary to the officer’s testimony, a defense photo submitted into evidence during cross-examination revealed that Eubanks injury was less than a quarter inch long.
Testifying for nearly two hours, Eubanks said on direct examination that the puncture injury to his abdomen resulted as he grabbed the suspect in a “bear hug,” picked him up off his feet, and threw him to the ground. He added that the defendant, Shane French, 38, was screaming and flailing in an attempt to escape the grasp of three officers.
“I did not immediately see the knives,” said Eubanks.
The weapons in question include a 6-inch filet knife and a smaller paring knife. Eubanks said he yelled, “Knife, knife!” after French had been taken down to the floor.
“I remember seeing both knives move around,” said Eubanks, rotating his wrist for the jurors.
Eubanks said he exited the North Texas Street residence to “frantically check” himself for injury. He testified he was scared and upset.
During a 10-minute police video of the incident, Eubanks repeatedly told other officers on the scene that he was OK.
“I’m good,” said Eubanks on the night in question. “I’m good guys.”
As the video ended, Eubanks said, “I should have (expletive deleted) shot that (expletive deleted).”
Asked by the prosecution on direct examination why he made the statement, Eubanks said, “It was a release. A little bit of a vent.”
Eubanks also said that he could have responded to the physical altercation with deadly force, admitting he never attempted to draw his firearm or stun gun.
“Mr. French did attack me with two knives,” Eubanks testified.
“Why didn’t you use deadly force?” asked deputy district attorney Matt Margeson.
“I did not see the knives at the time,” replied Eubanks.
On cross-examination by public defender Amy R. Smith, Eubanks said he initially declined to seek medical attention for the “small laceration” on his left “love handle.” He later drove himself to the emergency room after being advised by a superior officer.
Eubanks also told Smith under oath that French didn’t verbally threaten to harm or kill him or ever brandished the knives in a threatening manner. Instead, Eubanks confirmed that officers were the ones that made verbal threats and physically abused the suspect.
Eubanks also testified that no blood was found on the knives, and that he was unaware if any forensics testing was ever done to check for his DNA on the knives.
tbaker@cortezjournal.com