HOUSTON— Emotions were raw Monday as the capital murder trial of a man accused of killing an HPD officer began in Houston.
Prosecutors say Mabry Joseph Landor, shot Officer Timothy Abernethy after a brief foot chase through a northwest Houston apartment complex in August 2009.
Police said Abernethy had pulled Landor over for a traffic violation when Mabry jumped out of the car and ran into the Luxor Park Apartments near West Tidwell.
Abernethy gave chase.
Police said as Abernethy rounded a corner, Landor ambushed the officer and opened fire before Abernethy could defend himself.
Witnesses told police Landor watched Abernethy fall, walked over to the injured officer, shot him in the head and calmly walked away.
A terrified witness called 911 and that tape was played in the courtroom Monday.
DISPATCHER: "Do you know where he’s shot at?"
CALLER: "Ma’am, looks like it’s in the head. He’s right downstairs in front."
DISPATCHER: "Did you see anything?"
CALLER: "No, ma’am, I didn’t see anything. All we know is we heard gunshots, and we just dug down in our restrooms and then we just came after we didn’t hear anymore and then we looked at our door and he was right in our front door, right at the stairs downstairs."
DISPATCHER: "Okay, so all you heard was just four gunshots?"
CALLER: "Right. We heard the four gunshots."
Abernethy was rushed to the hospital, where he died from his injuries.
Later, Prosecutors played HPD dispatch tapes. The dispatcher repeatedly tries to raise Abernethy who is referred to as "85-B-20" on the tape. There is no reply.
Officer Skinner, a friend who had seen Abernathy less than an hour ago at another location, rushed to the Luxor apartments and found the officer on the ground. He broke down in court as he listened to himself in the dispatch tape.
OFFICER: "It’ll be by Building 8, 802. Officer’s down right now!"
"I knew Tim was already dead," Skinner testified Monday as he fought to keep his composure.
The tapes were also difficult for the officer’s widow.
"Listening to one of the 911 tapes, it really hit hard," said HPOU President Gary Blankinship. "I think she’s finding she’s not as prepared as she thought."
Police said Abernethy had keyed Landor’s license plate number into his patrol car computer before the chase, and officers were able to track the suspect down at a home nearby.
Landor was arrested that day and has remained in jail ever since.
Prosecutors said they plan to play Landor’s videotaped confession for the jury.
In the confession, police said Landor characterized the shooting as a "freak accident," saying his gun went off after he fell during the chase.
Landor reportedly told police he ran because he was on parole and had a gun.
Defense attorneys had tried to have the confession thrown out, but a judge on Friday deemed it admissible.
Abernethy was an 11-year veteran of HPD’s North Division. He is survived by a wife and two grown children.
"He was a great officer, cared about this city," said HPD Captain Gary Blankinship, Abernethy’s supervisor. "Devoted his life to his family and this city."
Landor, a 28-year-old with a lengthy rap sheet, could face the death penalty if convicted.
