Attorneys: Andrade Didn't Try to Kill Cops During Standoff

Prosecutors Counter He Fired Shots While Police Took Cover

— Attorneys for a man charged with eight counts of attempted capital murder for shooting at police during a March standoff said he’s been overcharged.

Legal Lingo

Premeditation

With planning or deliberation. The amount of time needed for premeditation depends on the person and the circumstances. It must be long enough, after forming the intent to act, for the person to have been fully conscious of the intent and to have considered the act.

Source: The Electric Law Dictionary

Sergio Hidalgo Andrade Martinez, 52, of Fayetteville, also faces two counts of aggravated assault, two counts of being a felon in possession of a gun, possession of cocaine and possession of drugs and a gun.

His trial began Monday morning in Washington County Circuit Court. Attempted capital murder is punishable by 10 to 40 years or life in prison on each count.

Andrade was arrested March 24 after a standoff that left Fayetteville police officer Blake Williamson with a gunshot wound to the ankle. The injury required surgery.

Deputy Public Defender Scott Parks told jurors in opening statements Monday that Andrade lacked the necessary premeditation, deliberate purpose or intent to kill that is required of the charge. Parks said Andrade acted on impulse and did not know several of the officers he’s accused of trying to kill were outside his apartment.

“The facts don’t support everything he’s charged with,” Parks said. “They definitely don’t support this level.”

Prosecutors counter that Andrade fired eight shots from his apartment including one that hit Williamson while he and other offices were taking cover behind a truck. Another shot hit the truck and one hit just behind the truck. One went through an apartment across the street, nearly hitting two residents. Four rounds could not be accounted for.

The incident began after University of Arkansas police officers tried to stop Andrade for a seat belt violation near campus. Andrade refused to stop and sped away. Soon thereafter, the officers spotted his vehicle at the Bedford Loop Apartments and saw him run into an apartment.

Fayetteville Police Department officers arrived to assist. A perimeter was established and attempts to contact Andrade began.

Police said Andrade’s girlfriend led them to the couple’s apartment. She opened the door, looked inside and yelled to police that Andrade had a gun and he was drunk, police officers testified Monday.

Police backed off. They heard what sounded like a gunshot inside the apartment. Andrade walked outside carrying a black semiautomatic handgun. Officers told him to drop the gun. He fired several shots at officers. Police returned fire and Andrade retreated back into the apartment.

Officers used tear gas and pepper spray during the six-hour standoff. Andrade was arrested when he left the apartment.

Prosecutors said two guns, ammunition, cocaine and more than $1,700 in cash were found in the apartment.

The trial before Judge William Storey resumes at 9 a.m. today and could continue through Wednesday.

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