By Yomi S. Wronge
Mercury News
A San Jose police sergeant testified today that he deemed a 2004 pursuit through downtown streets involving state narcotics agents too dangerous for police to join.
Sgt. Paul Panighetti was called to testify in the trial of state Bureau of Narcotic Enforcement agent Mike Walker, who is charged with voluntary manslaughter for killing Rodolfo ``Rudy’’ Cardenas.
Walker and fellow agents mistook Cardenas for a wanted parolee. Walker shot him as he ran away at the end of a chase on Feb. 17, 2004. Walker said he thought the suspect had a gun and would shoot him first. The 43-year-old Cardenas had no firearm.
When pressed by defense attorney Craig Brown as to why he didn’t authorize local police to assist with the car chase, Panighetti told jurors that based on the limited information he had -- that state drug agents were after a fugitive parolee -- the safest course of action ``was to let the pursuit terminate and catch the guy later.’'
Panighetti’s testimony puts police at adds with state agents, who claim the pursuit was justified.
On direct examination by Deputy District Attorney Lane Liroff, Panighetti described how Walker approached him immediately after the shooting and indicated with hand motions that the suspect was reaching behind him as if to grab a weapon.
He also testified that he was troubled that there was a delay at the scene in treating the dying man, who lay bleeding and handcuffed for 12 minutes after San Jose police had given the OK or paramedics to treat him.
Testimony continues this afternoon in a San Jose courtroom before Judge Rene Navarro.
Check *mercurynews.com *for updates on the Walker trial.
San Jose Mercury News (http://www.mercurynews.com/)