Mar letters read to jurors

BROWNSVILLE - Abraham Mar became violently ill Wednesday as testimony continued to decide his sentence for the June 25 shooting of Harlingen Police Officer Carlos Diaz.

Mar's jailhouse letters instructed the gang member to kill a police officer and contained numerous phrases about how Mar was not bothered by his prospect of a lengthy prison sentence.

Mar has pleaded guilty to firing 10 bullets at Diaz during the traffic stop at a convience store at F Street in Harlingen. The punishment phase of his case began Tuesday in 357th state District Court.

Mar first become ill when he learned that Texas Ranger Lt. Rolando Castañeda was about to read letters that Harlingen police seized Sunday from a car driven by one of Mar's fellow gang members.

The three letters, written by Mar from the Cameron County jail, showed that Mar had lied in June when he told Castañeda and Harlingen Police Sgt. Miryam Anderson he had given up the gang life and wanted to dedicate himself to helping his family.

Jurors earlier watched video testimony of a tearful Mar begging Anderson and the Ranger to ask the Cameron County District Attorney's Office to seek a lenient sentence for the shooting of Diaz.

A member of the HPD gang intervention unit testified that Mar and the Harlingen man who received the letters were both drug dealers and members of the West Side Aquas.

Judge Leonel Alejandro overruled numerous objections by defense attorney Noe Garza, allowing prosecutors to use the letters in court.

Garza argued that the letters were illegally seized from the car because police had no search warrant.

But prosecutors argued that prisoners have no expectation of privacy when they mail letters from jail and the letters were open in the car where there was an odor of marijuana, giving police probable cause.

The letter contained the number 187, Castañeda testified.

Castañeda said it is common knowledge that 187 is from the California penal code for murder and there is a "gangsta rap" song using the phrase "187."

"It doesn't sound like he's left the gang life," does it, Chief First Assistant District Attorney Charles Mattingly asked the Ranger after Castañeda finished reading the jailhouse letters.

"No," Castañeda said solemnly.

Mar also became ill as an emergency room doctor began testifying about the injuries suffered by Diaz at an F Street convenience store in Harlingen.

Dr. Robert Wright described life-threatening injuries that Diaz suffered after Mar fired 10 bullets from a 9 mm rifle into a patrol car Diaz was driving when he pulled Mar's car over for traffic violations.

Six bullets and bullet fragments struck Diaz in the head, shoulder and hand, the doctor testified. The officer eventually recovered from his wounds.

Mar faces a sentence from 5 to 99 years or life for attempted capital murder, Castañeda said.

Mar was not remorseful about shooting the police officer, who eventually recovered, Castañeda said, referring to the interrogation he and Anderson conducted with Mar after the shooter was captured by Mexican police and turned over to Brownsville authorities.

Federal Bureau of Alcohol, Tobacco, Firearms and Explosives expert Howard Kong testfied that empty shell casings found at the scene of the Harlingen shooting matched the rifle retrieved from Mar's car after he drove it into the Rio Grande in Brownsville.

Bullets were too damaged to match them to the bore of the rifle, Kong said.

Testimony will continue today in Alejandro's courtroom.