mock trial cases written in new mexico . . .

State of New Mexico vs. Sydney Taylor

Statement of Facts

Rye, New Mexico, is a town of approximately 125,000 people. The town has experienced growing pains in the last five years because of the opening of the Armor Disposable Diaper Recycling Plant. The huge plant was relocated to Rye from Los Angeles because of less stringent environmental regulations in New Mexico and various tax and financing incentives provided by the city of Rye, bringing with it a great number of people from out of town, including many from California who had worked at the company's LA plant. As a result, the city of Rye has had to deal with the problems associated with an influx of people including, but not limited to, school overcrowding, housing shortages and an increase in crime. The town is roughly 45% Anglo, 35% Hispanic, 10% African American and 10% of other ethnicities.

Since the plant opened, the city has experienced increases in school dropout rates, graffiti, drug arrests and weapons confiscation. Police and school officials associate this with gang activity, and it is clear that at least some individuals who were associated with gangs in California, including the 54th Street Gang, moved to Rye along with the recycling plant. In the fall of 1991, the Rye Police Department hired Detective Leslie Thomas of the Los Angeles Police Department to supervise the creation of a specially designated gang unit in Rye to cope with the problem.

The 54th Street Gang is one of several largely teenaged gangs that have appeared in Rye in the last five years. In Los Angeles, the gang is predominantly Black and male and supported by trafficking in crack cocaine; it has a reputation for violence and its members, often recognized by their Los Angeles Raiders jackets and caps, are known to be well-armed. In Rye, various segments of the 54th Street Gang have attracted Anglos, Latinos and some Native Americans and other ethnic minorities, as well as a number of females. The center of the gang's activities has been in a poorer area of Rye where George Washington High School is located. George Washington has a student body of 1200 and is the city's largest high school. On the school grounds are two classroom buildings and a sports stadium, and the closest building to the grounds is an abandoned warehouse approximately 1/8 of a mile away.

In December 1991 one student who had moved to Rye from California carried a loaded 45-caliber weapon onto the school grounds at George Washington High School and another was arrested at school for possession of crack cocaine. Parents and teachers were outraged that this could happen in their community, and they demanded action. After an emergency PTO meeting -- and upon the advice of Detective Leslie Thomas -- Principal Whitney Mathis installed metal detectors at the entrances of the school. S/He also hired a part-time security guard, Defendant Officer Sydney Taylor of the Rye Police Department, to watch the students for any possible weapons possession, drug dealing or use and any other possible gang activity. Officer Taylor usually worked at the school from 11:00 a.m. to 3:30 p.m. and at the school's extracurricular activities as well. S/He was paid by the school and was considered "off duty" by the Rye Police Department.

Officer Taylor will testify that when s/he began work at George Washington after winter break, suspicion of drug and gang activity at the school had centered on several students, among them Joey Chavez and Alex Day. Chavez is a native of Rye and lives with her/his parents; Day moved to Rye with her/his mother in August 1990. By all appearances, neither family is well to do and Day's, in fact, lives in a poorer section of Rye. Chavez had been sentenced to a juvenile detention facility in the fall of 1991 for aggravated assault and illegal possession of a firearm and consequently was not at George Washington in January 1992, but Day was. Day's only prior record was a shoplifting conviction arising from an incident in December 1991.

Officer Taylor will also testify that during the first half of 1992 her/his own observations and information provided by Principal Mathis, Detective Thomas and certain informants led her/him to believe that Chavez and Day were in fact members of the 54th Street Gang. S/He also was convinced that Day, who carried a weapon, was an extremely dangerous and major source of crack cocaine at George Washington. Officer Taylor will also testify that despite her/his careful surveillance and diligent efforts, s/he could not catch Day committing any illegal acts from January 1992 until the school year ended. Day was aware of Officer Taylor's surveillance and on several occasions needled and teased her/him about it.

Chavez returned to Rye in June 1992 on probation from juvenile detention and was arrested shortly thereafter for driving under the influence of alcohol. The charge is pending. Day had been in California from late May when school ended until the end of July. Officer Taylor will testify that Day's return driving a new BMW and, according to certain sources, "throwing a lot of money around," confirmed her/his already strong conviction that Day was involved in illegal activities and strengthened her/his resolve to "nail" Day. Chavez and Day began classes as seniors at George Washington High School on August 15. Both will testify that although they were acquainted with, and had socialized with, 54th Street Gang members in the past, they had each decided to terminate those relationships. Both will also testify that s/he had not been nor was a member of any gang or involved in any illegal activity during the evening of August 22, 1992.

On that evening, Officer Taylor arrived at the George Washington High School stadium at 6:30 p.m. to serve as the security guard for the first football game of the season. S/He was stationed initially at the parking lot gates to collect a dollar for parking from each automobile and to make sure that students did not bring in alcohol, weapons or drugs. At about 7:00 p.m. Day's BMW pulled into the parking lot with Day driving and Chavez in the passenger's seat. There was a brief encounter in which Day again needled Officer Taylor. Officer Taylor will testify that during the encounter s/he smelled the strong odor of marijuana emanating from the BMW.

The football game began at 7:30 p.m. During the game, a third teenager, Bobbie Davis, who was not a George Washington student, joined Day and Chavez. Officer Taylor will testify that s/he observed suspicious behavior on the part of the three and had another brief run-in with Day during which it appeared that the three were under the influence of alcohol or drugs. By approximately 10:45 p.m. the game had ended and the spectators had departed. The stadium lights were still on. Officer Taylor and Principal Mathis were making the rounds of the stadium prior to closing it when they heard a screeching of wheels and saw a car pulling in under the home side grandstand. Both knew that the only way that a car could get into that area was if the lock on the nearby gate was cut.

As Principal Mathis left to call for police backup, Officer Taylor approached the car. S/he will testify that s/he observed the car, which appeared to be Day's BMW, facing north with its parking lights on and that three individuals, at least one of whom had exited the car, were standing very close together talking about prices and exchanging an object which s/he suspected to be a package of drugs or a weapon. Officer Taylor will also testify that when s/he was approximately 60 feet from the car, s/he ordered the three individuals whom s/he had by then identified as Chavez, Davis and Day, to put their hands up; instead of complying, s/he will testify, one of them pointed a revolver in her/his direction whereupon s/he drew her/his weapon and fired in the direction of the revolver, wounding Day in the right knee. Chavez and Day will deny that they or Davis had a revolver or anything else in their hands and that Officer Taylor ever told them to raise their hands. They will testify that Officer Taylor was much closer to them than 60 feet and shot Day without warning when the three laughed at her/him.

When Sergeant Andy Medina of the Rye Police Department arrived at the scene shortly in response to Principal Mathis' call, s/he found Day, Chavez and Officer Taylor next to the BMW and immediately radioed for an ambulance to transport Day to Catholic Hospital. Soon thereafter, Principal Mathis returned after unsuccessfully giving chase to Davis who fled when the shooting occurred. Davis has not been seen or heard from since.

Sergeant Medina made no arrests that evening but gathered as evidence the cut lock, three empty beer bottles, one of which bore Day's fingerprints and two spray paint cans which Sergeant Medina will testify matched the colors of freshly painted graffiti on a wall under the grandstand approximately ten feet from the BMW. Detective Thomas will testify that the graffiti bore the tag of the 54th Street Gang. No alcohol, weapons or contraband were found at the scene or during a subsequent search of the BMW. The following day at Catholic Hospital, Sergeant Medina with Day's consent examined the clothing which Day had worn the previous evening and seized for evidence a Los Angeles Raiders jacket and Day's pants in which s/he found a switchblade knife. Sergeant Medina also obtained a hospital report that reflected a blood alcohol level for Day of 0.06 percent upon admission; from such a level it may be inferred that Day had been drinking at some time on the afternoon or evening of August 22, but it is impossible to pinpoint the time or the amount more precisely.

On September 8, 1992, Officer Taylor was indicted by a grand jury for attempted first degree murder, aggravated battery and negligent use of a firearm following testimony from Day, Chavez and Sergeant Medina, including testimony from the latter two that Officer Taylor had made statements to them which they understood to be threats against Day's life. Officer Taylor was arraigned on September 15, 1992, and released on a $50,000 bond.

Officer Taylor has pled self-defense, and the case is now set for a jury trial. Alex Day, Joey Chavez and Sergeant Andy Medina will testify for the prosecution; Officer Sydney Taylor, Principal Whitney Mathis and Detective Leslie Thomas will testify for the defense.

Written By

Michelle Giger

Karl Johnson, Esq.

Wendy York, Esq.