Deputies recount harrowing moments during trial of officer slain in the line of duty

One deputy after another took the stand to share what they witnessed on a day four years ago that rocked the El Paso County Sheriff's Office and law enforcement communities.

They walked a packed courtroom through the events of the night that ultimately led to Deputy Peter Herrera's death — killed in the line of duty.

For several minutes, they explained, Herrera, a man who dreamed of serving his community, laid alone on a Borderland roadway, mortally wounded as a backup deputy and his sergeant raced to his aid.

Deputy Ivan Mota testified he was the first to arrive at the dark stretch of Chicken Ranch Road near San Elizario.

He testified that Herrera cried out, "Help. Help."

"You're going to be okay, partner," Mota testified he said as he tried to comfort his colleague.

Herrera's reply was more ominous: "I can't feel my legs. Help me."

More: Trial temporarily delayed because of juror error in capital murder of Deputy Peter Herrera

The testimonies of Mota and fellow deputies last week marked an emotional opening of the capital murder trial of Facundo Chavez, accused of shooting Herrera at point-blank range during a March 22, 2019, traffic stop.

Chavez faces one count of capital murder of a peace officer.

This is one of the first major trials involving an officer killed in the line duty in recent El Paso history. It is also the first major case for new El Paso District Attorney Bill Hicks and his team.

If convicted, a jury could sentence Chavez to the death penalty.

The trial is ongoing in Criminal District Court 1 at the Enrique Moreno County Courthouse in Downtown El Paso. Judge Diane Navarrete is presiding over the trial, which started July 26 and is expected to last two weeks.

Aside from his fellow deputies, Herrera's family are attending the trial as they seek justice for a son, husband and peace officer.

More: El Paso County Law Enforcement Memorial Wall honors deputies killed in line of duty

Emotional day as videos show fatal shooting, aftermath

About a dozen of Herrera's family members, including his mother and father, have attended every day of the trial.

The family has been kept away from the public and media since the trial began. As lines form to enter the small courtroom, the Herrera family is taken from a room hidden away from public view and into the courtroom first.

The family is seated mainly in the second row along the right-side courtroom wall. Media members are shooting photos and video from a small window on a side door of the courtroom. The window gives a direct view of the accused gunman and his defense team, but blocks the view of the family.

The Herrera family, which has taken an active role in memorials and dedications honoring the deputy, has declined to comment while the trial is underway.

On the second day of the trial, only a handful of family members chose to remain in the courtroom when deputy body and dash camera videos of the traffic stop and shooting were played for the jury. Herrera's mother and father elected to remain outside the courtroom as the graphic videos were shown on a large screen.

The lights in the courtroom were turned off when footage of Herrera's body camera and his patrol vehicle's dashboard camera were shown. The videos left the courtroom in stunned silence.

Once the lights were turned back on, members of Herrera’s family who chose to stay in the courtroom were fighting back tears.

The videos showed the loss of a man who prosecutors explained was part of a loving family.

Herrera and his wife, Ashley, were married in November 2018 — four months before the fatal shooting. The newlyweds were just starting their lives together when he was taken away.

"For 35 wonderful years we had Peter," Herrera's mother Esther Herrera told the El Paso Times in 2021 when Del Valle Middle School renamed its library in honor of the slain deputy. "I'm thankful to God for that."

Since he was a child, Herrera dreamed of becoming a deputy and serving his community, his aunt, Paulina Hijar, told the Times in 2021.

"Since he was little he knew he wanted to be a sheriff," Hijar said. "He used to wear cowboy boots at about 2 years of age, with little shorts and a sheriff badge. He would put his toy gun in his boots."

She added: "It's like he was born to be a sheriff and he was just an amazing person. He turned out to be an amazing young man."

More: El Paso Deputy Peter Herrera final words revealed in capital murder trial

Herrera's legacy lives on throughout community

Herrera, an 11-year veteran with the sheriff's office, achieved his goal of becoming a deputy.

The sheriff's office denied a request for comment from El Paso Sheriff Richard Wiles.

In an email, officials said, "Due to the sensitive matter on the ongoing high-profile trial and out of respect for the court, the El Paso County Sheriff’s Office will not comment.”

Since Herrera's death, Wiles has praised the commitment Herrera had for serving the community.

“It is the responsibility of the El Paso County Sheriff’s Office to ensure that our fallen hero, Peter J. Herrera, is remembered both within the agency and by the community he served so bravely,” Wiles told the El Paso Times in 2021.

The sheriff's station Herrera worked at in Clint and left to go on patrol the night he was gunned down was renamed after him. It is now known as the Peter J. Herrera Patrol Station.

El Paso County Judge Ricardo Samaniego and the commissioner court adopted a resolution recognizing Sunday, March 26, 2023, as Deputy Peter John Herrera Day in honor of the fallen deputy.

Herrera, an El Paso native, had his middle school library renamed after him in the hopes of inspiring future generations. He attended Valley View Middle School from 1996 through 1998. Herrera graduated from Del Valle High School.

Herrera's family has worked to make sure Herrera will never be forgotten.

The family created the annual "Kites in the Sky for Fallen Deputy Peter J. Herrera" in May 2022. The event was created because of a story about Herrera patrolling an area when he saw children flying kites in a park field in San Elizario, his family told the El Paso Times in 2022.

The park was full of children but not all of them had kites. Herrera left, came back and opened his trunk. It was filled with kites for all the children, his family said.

The event is held in the neighborhood he used to patrol.

Motive for slaying still unknown

Assistant District Attorney Michelle Hill called the killing a senseless, cold-blooded murder in her opening statement.

"Deputy Peter Herrera was just doing his job," Hill said. "A job he loved."

Herrera pulled over a vehicle driven by Chavez about 1:50 a.m. because of two traffic violations: failing to dim high-beam headlights and improperly displaying a temporary license plate permit.

Herrera approached the car and spoke to Chavez and his girlfriend, Arlene Piña, a passenger in the car. Herrera asked Chavez if he had any weapons to which Chavez replied, no, Hill said.

He asked Chavez to step out of the vehicle. Chavez compiled with all the deputy's orders.

But suddenly, as he got out of the car, Chavez pulled out a handgun and fired 15 rounds at Herrera. He then beat the deputy with the gun after it jammed, Hill said.

The couple then attempted to flee in the vehicle, but it stalled, Hill said. They then got out and fled on foot.

Chavez's attorneys questioned deputies during their testimonies if Herrera did the right thing and followed procedure during the traffic stop. The deputies responded, yes, and said they wouldn't have done anything different.

A U.S. Border Patrol agent, Arturo Porras, testified that he arrived at the shooting and saw no one there. Herrera had already been taken to Del Sol Medical Center, where he died a couple of days later.

He testified he found a pool of blood on the roadway and a set of multiple footprints leading to a desert area nearby.

Porras and other Border Patrol agents followed the footprints that led to a chain-linked fence and a house, which looked abandoned, he testified.

The agents searched two sheds near the house and saw legs sticking out from one of them. They pulled their guns out and ordered the person out. Piña exited the shed followed later by Chavez. The couple was then arrested.

When the sun came up, sheriff's deputies, Border Patrol agents, El Paso Police Department officers and El Paso County constables conducted a line search of the area to locate the gun used in the fatal shooting.

They found the gun on the ground in a canal area near the house with the sheds, El Paso County Sheriff’s Office Detective Felipe Ramos testified.

Louis Lopez and Brock Benjamin, Chavez's defense attorneys, have not denied their client was the shooter, but have only hinted at a possible motive.

Chavez's defense team said Herrera attempted to use a previous run in with Chavez and Piña to benefit his own career goals of joining the sheriff's office narcotics unit.

After finding out from Piña that Chavez was allegedly a drug dealer, Herrera tried to get her to become an informant for him, Lopez said. Once Piña and Chavez got back together, Piña told him of Herrera's effort to turn her into an informant against him, Lopez said.

Piña was originally charged with capital murder. However, the charge was reduced to manslaughter in a plea deal made with former El Paso District Attorney Yvonne Rosales. She is serving a 15-year prison sentence.

What's next in a trial expected to last two weeks

State prosecutors are expected to call more witnesses to the stand Monday morning. Once all state witnesses are called, defense attorneys will begin calling their witnesses.

Court officials have not said how many witnesses are expected to testify in the trial.

Once all testimony is completed, prosecutors and defense attorneys will give closing arguments.

Jurors will then be sent to deliberate and reach a verdict.

If Chavez is convicted of capital murder, the sentencing phase of the trial will begin. Opening statements, more witness testimony and closing arguments will take place.

Jurors will then deliberate if Chavez should receive the death penalty or life in prison. Texas Penal Code allows only those two options as punishment for a person convicted of capital murder.

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: El Paso man stands trial in capital murder case in shooting of deputy