Defense’s Witnesses Shaky in Traffic-Argument Killing

The testimony of two defense witnesses in the preliminary hearing of Howard F. Barton Jr. backfired Friday when they ended up giving testimony favorable to the prosecution while questioned by defense attorney Clyde Munsell.

Munsell subpoenaed William Collins and Patrick Leal, hoping they would testify about what he alleged was a pattern of violent behavior by Marco Sanchez on the morning of Feb. 22.

Sanchez, 24, a National City resident, was shot to death by Barton that day in the 1000 block of Garnet Avenue in Pacific Beach after a traffic altercation with Barton’s daughter.

Despite testimony from several witnesses who said Barton was the aggressor, Munsell is claiming that Barton acted in self-defense. Barton, who is charged with murder, was armed with a 9-millimeter handgun. A number of witnesses testified that they did not see a weapon in Sanchez’s hands.

On Friday, Collins took the stand, and his testimony was immediately challenged by Deputy Dist. Atty. Lisa Chappell. Munsell countered that Collins’ testimony was relevant because it would show Sanchez was driving recklessly 30 minutes before he was killed by Barton.

Municipal Judge Rafael A. Arreola ruled that whatever Collins saw 30 minutes before the shooting was irrelevant to the crime Barton is charged with.

However, Arreola said Munsell could ask Collins if he saw a traffic altercation between Barton’s daughter, Andrea, and Sanchez at Ingraham Street and Grand Avenue, which occurred about 15 minutes before the shooting.

Collins answered that he did not see the beginning of the altercation, but saw Andrea Barton speed up in her Trans Am and cut in front of the red Ford that Sanchez was driving.

His testimony supported the testimony of Delicia Goodwin, Sanchez’s 13-year-old sister-in-law, who testified Thursday. Delicia said that Andrea Barton provoked the traffic incident, which led to the shooting. A police report said Andrea Barton’s car stalled at the intersection, backing up traffic. Sanchez’s red Ford was behind the woman’s car.

Delicia was a passenger in Sanchez’s car. The teen-ager testified that Andrea Barton started her stalled car and sped up after Sanchez went around her and pulled suddenly in front of Sanchez, forcing him to swerve to another lane.

Before Collins testified, Munsell told the judge that Collins had seen Sanchez force Andrea Barton off the road. Munsell told the judge that Collins was “very concerned” about the woman’s safety after the near-collision with Sanchez and stopped to see if she was all right.

While Munsell was explaining Collins’ alleged actions on behalf of Andrea Barton, Collins blurted out from the witness stand:

“First of all, you’ve got two things wrong.”

Collins said he did not stop to assist Andrea Barton. Instead, Collins said, he stopped at a convenience store across the street from Howard Barton’s real estate office on Cass Street, where Andrea Barton went after the confrontation with Sanchez.

“I yelled across the street, ‘Are you all OK?’ She said, ‘Did you see what that . . . did?’ ” Collins testified.

Howard and Andrea Barton left the real estate office and went looking for Sanchez. The Bartons found him shopping for shoes inside the Cal Stores on Garnet Avenue, where an angry Howard Barton confronted Sanchez.

Leal, who was Munsell’s other witness, manages the shoe department at the Cal Stores. He testified that he saw a heated argument involving the Bartons and Sanchez inside the store. Leal said Howard Barton appeared angry and aggressive.

“It was my opinion that Barton was the aggressor. . . . He seemed to be the loudest and seemed to make aggressive physical gestures at Sanchez,” Leal testified.

Munsell attempted to minimize the damage done by Leal’s testimony. He asked the witness if he saw Barton hit Sanchez. Leal said Barton never hit Sanchez. Sanchez did not argue back and instead looked at Barton and shook his head, Leal testified.

Friday proved not to be a good day for Munsell, who is trying to convince the judge that Barton was justified in fatally shooting Sanchez.

The defense attorney tried Thursday and Friday, without much success, to elicit witness testimony to support his theory that Sanchez’s state of mind on the day of the shooting led to a potential for violence, which put Barton and his daughter in imminent danger.

Arreola has expressed doubt that Barton will be able to prove his theory. The judge has repeatedly noted the lapse of time between the traffic altercation and Sanchez’s death.

However, Munsell remains undeterred.

On Friday, he announced plans to put Gloria Sanchez, Sanchez’s widow, on the stand as a defense witness. The irony of trying to put the victim’s widow on the stand to give favorable testimony for her husband’s killer was not lost on some attorneys in the audience.

“Good luck, Clyde,” said one lawyer.

The judge asked Munsell what testimony he hoped to elicit from Gloria Sanchez, who was not at the shooting scene.

“I will ask her questions which will aid me in assessing Sanchez’s driving abilities and propensity for erratic driving and potential for violence,” Munsell said. “ . . . I will ask about habits Sanchez had to help me understand his bizarre behavior.”

Munsell said he also wants to ask Gloria Sanchez about Marco Sanchez’s alleged use of drugs and alcohol.

That prompted an angry retort from prosecutor Chappell. She told Arreola that Munsell has a copy of Sanchez’s toxicology tests, showing that there were no drugs or alcohol in his system when he was killed.

Patricia Sifka, an attorney representing Gloria Sanchez in a $19-million civil lawsuit against Howard Barton, told Arreola that she will object to using the widow’s testimony on grounds of marital privilege and relevance.

Arreola said he will decide Monday if Gloria Sanchez can be forced to testify.