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 Jose Gomez, left, confers with his translator Edmee Dugan and defense attorney Hershel Koger following jury selection in his trial Thursday. (T-G Photo by Brian Mosely) [Click to enlarge] [Order this photo] |
It took less than 30 minutes for the jury to convict José Gomez on a single count of aggravated burglary and three counts of aggravated robbery.
Gomez and Wilson Palacio, also of Smyrna, were both indicted during the March session of the Bedford County grand jury on the charges in connection with a home invasion on Riverview Drive. Palacio is facing a trial date of Oct. 2 and will appear Monday in Bedford County Circuit Court.
Gomez will be sentenced on Oct. 26 and could face as much as eight to 12 years with no probation on the robbery charges and from three to six years on the burglary count.
Assistant District Attorney Richard Cawley said the children were home from school for a snow day on Jan. 20 and were watching the Presidential Inauguration when the home invasion and robbery occurred.
But defense attorney Hershel Koger told the jury that Gomez did go to the home with Palacio, but only to introduce Palacio to the father in order to get a job. Koger said that Palacio took it upon himself to commit the robbery.
Gold jewelry, two cell phones, two video cameras and a pellet gun were taken during the daylight home invasion.
First on the stand was Shelbyville Detective Carol Jean, who interviewed the children after the robbery, describing them as very upset and crying. However, when Jean checked in with the teen girl to see how she was doing several days later, the teen identified Gomez as the husband of a woman that her mother worked with and who had also attended a birthday party at the victim's home one month prior to the robbery.
Several days after the robbery, the girl also recognized the getaway vehicle parked at her mother's place of work, took photos of the license plate and passed them along to police, the detective said. Using the tag numbers, police were able to eventually find Palacio and Gomez, Jean testified.
The teenager took the stand next, relating to the jury what happened that day. The girl, who was 14 at the time, testified she had been expecting a shipment of books, but when the door bell rang, it was Palacio instead.
At first, Palacio asked if her father was home, but then pulled a gun on the girl and forced her inside to join her brothers, ages 9 and 6 at the time.
Gomez then entered the home, but tried to hide his face, the girl testified.
As Palacio held the children at gunpoint, Gomez searched the home taking items from various bedrooms while Palacio repeatedly asked the kids where the jewelry was, the girl said. She said that she recognized Gomez but did not know his name at the time.
Palacio also took jewelry off the children, the girl told the jurors. After the robbery was over, Palacio told the children to go to the bathroom, but the girl said she looked out a window and saw the getaway vehicle leave.
The girl also testified how she helped Jean identify Gomez as the man who had been at her house at the birthday party from photos her parents took at the gathering. She also identified some of the recovered jewelry as items worn the day of the robbery.
Also taking the stand was the girl's 10-year-old brother, who told the jury he was playing his Game Boy when Palacio entered the home brandishing the weapon.
The boy also identified Gomez as being the man who went through the various rooms of the house. He identified pieces of jewelry taken from him that day as well.
The 7-year-old boy took the stand as well, but appeared nervous and couldn't describe what happened during the robbery. However, the youngster was able to identify several pieces of jewelry that were taken during the home invasion, saying they were stolen.
The children's mother testified to the value to the items taken during the robbery, adding that Gomez's wife worked with her and knew that she sold jewelry.
Sgt. Bill Logue of the Shelbyville Police Department testified about searching the getaway car in Smyrna, which belonged to Palacio's girlfriend, and discovering a .22 caliber semi-automatic pistol in the vehicle, as well as finding the video cameras and one of the cell phones at Palacio's mother's residence.
The bulk of the stolen items were later recovered from a Davidson County pawn shop, Logue testified.
Detective Brian Crews gave testimony about his investigation into the home invasion and robbery, identifying Gomez as one of the men who entered the home.
He also told the jury about questioning Gomez after his arrest, who first said he had only been at the house during the party, but later admitted that he entered the home with Palacio on Jan. 20.
Crews said that Gomez denied taking jewelry from the home and said he had been there to get employment for Palacio. Gomez also told investigators he would pay for the items that he said he did not take, Crews testified.
Palacio was later taken into custody by a Metro Nashville SWAT team.
Assistant District Attorney Mike Randles said in his closing argument that the children may not remember Jan. 20 as Barack Obama's first day in office, but they would remember being robbed at gunpoint in their own home. Randles detailed the detective work that came from the children's memory of the robbery to find Gomez and Palacio.
While Gomez didn't hold the gun, he was a full participant in the robbery, Randles argued, and the theft would never have happened if Gomez had not been in the home before and knew that jewelry was kept there.
Koger said there were unanswered questions in the case, such as details on how the stolen jewelry was located and linked to Gomez. The defense attorney also attempted to raise doubt about Gomez's role in the Jan. 20 incident, saying Palacio held the gun and gave the orders to the children.
But Cawley rebutted that argument, saying that Gomez could have stopped Palacio from committing the robbery once inside the home but instead searched the house for the items.
Jury selection in the case lasted all morning until early afternoon, with prospective members questioned if they or members of their families had been victims of a crime. Several were disqualified due to opinions formed after reading accounts of the case in the T-G.
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Good luck in the "Bighouse" Jose!
All this and no comment as to his legal status here.
In my experience, L E G A L immigrants ALL learn to speak English and very seldom need a translator.
Very PC T-G.
Is there something wrong in stating that this animal criminal is an illegal immigrant ??
Home invasion and used a weapon to rob from 3 kids, such a big bad brave criminal, only doing the job Americans wont do !
if your name is hispanic does it mean you are an illegal immigrant? just focus on the person and the situation itself. and I agree that what he did is very bad.
jimmypizza it means that the illegals do live steal and what ever else they can take including the taxes you pay stupid person that thinks we should live to let these people stay in our country and DEMAND WE OWE THEM............ ALSO WATCH YOUR CHILDREN THEY LOVE TO STALK THEM ETC.
I pray that these children recover from all of this and go on to live normal, non-paranoid lives...a trauma like this can shatter a child's (or adult's for that matter) sense of security. And for that, our dear friend Jose will pay dearly. Bet you anything his buddy enters a plea on Monday.
what about the illegals who work and make the minimun wage and also do not get income tax return, who keeps it? make math, and how do you know this person is illegal anyways? kkk
i bet jimmtpizza is 18, trust me child they need not our help,millions of dollars go to mexico from the usa they will demand we give them a life but refuse to stand up to their own goverment...
If Obama and the beuracrats have anything to do with it he'll be able to get his american citizenship while in prison and live happily ever after here. Probably get out on parole, and get a job in the white house polishing nancy's air plan so it will look pretty when she flies to california.
jimmy pizza illegals not getting their tax money back hmmmm i wonder if they pay enough taxes and as far as doing the math as who keeps it thats just another reason they should stay in their own country thanks if this creep is illegal then deport him im sure he will be let free
Hidden in Plain Sight
by Glenn Spencer -- September 20, 2009
I worked my way through college working at Rocketdyne, the company that built the first, second and third stages of the moon rocket. I was very young, married with a baby and a second soon to arrive.
I worked in the Engine Analysis Section of the engineering department of Rocketdyne. We analyzed rocket engine test data to see where improvements were needed. I learned how to program computers to process rocket test data.
At one point I worked with physical chemist Dr. Eugene Tkachenko on a very complex program to study the thermodynamic characteristics of liquid sodium. Liquid sodium was being considered as a coolant for an atomic reactor that might be used to send men to Mars. We were in a race to the moon and some people in Washington thought we might have to go to Mars if the Russians got to the moon first. No kidding.
I was also on the analytical team that worked to solve the problem of combustion instability of the F-1 rocket engine. Five of these 1.5 million pound thrust monsters were to push the Apollo astronauts off the launch pad, but they were exploding. I did the vector computer graphics that helped us understand what was happening in the combustion chamber. Injection baffles solved the problem.
To finish college I needed to start attending day classes. Rocketdyne arranged to transfer me to the engine test facility at Santa Susanna where night work was available. (They had no second shift in the Engineering Department at Canoga Park.) On the day I was to leave they had a going away luncheon for me. Arriving back at the office I was told that I wasn't leaving the engineering department after all because management had set up a special second shift for me to do computer work beginning at 2:30 p.m. and ending at 11:00 p.m. This allowed me to attend day classes while working full-time. Classes started at 8 a.m. and I finished work at 11:00 p.m. I did this for two years. My wife did not work, but attended classes as well. (I had no student loans or other government help - I did it all myself)
By the time I graduated with degrees in economics and mathematics I had four years of experience in computer programming and high grades in mathematical statistics.
After graduation I was recruited by small Sherman Oaks think tank where I went on to develop large-scale computer simulation models of complex systems. I spent seven years in systems engineering working with some very smart people. My team included a summa cum laude graduate in mathematics from UCLA (Jim Howard) and an engineering graduate from Harvard (Hyman Kolkowitz). They worked for me.
My work in large systems analysis led to a brief assignment with a small team of analysts to perform an independent review of the war in Southeast Asia. This was done under Col. Edwin Triner, USAF, of the Weapons Systems Evaluation Group (WSEG), Joint Chiefs of Staff. I worked in the Pentagon. Our analysis led us to ask questions about the overall goals of the war and what data were available to evaluate progress. We learned there was a great deal of military data, but not much that related to the goals of the war except things like the Hamlet Evaluation System in the State Department.
In developing computer models and doing systems engineering I learned that in order to properly design a system one first had to know its objectives and how to measure performance. The computer program needed a bottom line. It wouldn't work without one.
Working alongside McNamara's "whiz kids" I learned that systems must not be designed by how something is done (means orientation), but the objective of the system (requirements orientation).
Arrowstar
After leaving Washington, D.C. my career took many turns. My last major job in the 80s was as Vice President, General Manager and half-owner of Arrowstar, Inc., a seismic oil exploration company with clients that included Chevron, Arco and Texaco. It was very successful in finding oil and making money.
Focus on Illegal Immigration
In 1992 I decided to retire and devote myself full-time to the problem of illegal immigration. I spent the next ten years working with others to try to solve the problem in California. We had some wins, most notably Proposition 187, but for the most part, as with Proposition 187, the California liberal establishment always figured out a way to defeat us.
Move to Border
In 2002 I decided to leave California and move to Arizona and focus on the border. My thinking was that a good general picks his battlefield, and, as this was to be my last battle, I needed a good one.
The border problem, I thought, was fairly simple: "Here is the law, here is the line -- what is the problem?" Besides, all of the arguments used to fight immigration law enforcement -- You can't kick a kid out of school -- You can't deny someone health care -- The man is only working to feed his children -- didn't apply at the border.
I formulated my plan for the border based largely on Muriel Watson's Light Up the Border campaign. Muriel had used the lights of automobiles to show illegal aliens flooding across the border south of San Diego. This led to the construction of the San Diego border fence.
I asked Muriel what she thought of using the Internet to "light up the border." She said, "That's a good idea." Thus was born American Border Patrol.
American Border Patrol
American Border Patrol, ABP, was started in Sierra Vista, Arizona in June of 2002. It was set up as a 501 c (3) non-profit corporation. The board of directors included Ron Sanders, recently retired Chief of the Tucson Sector of the Border Patrol and Bill King, the man who ran the 1986 amnesty program, and a former Chief Border Patrol Agent himself.
I produced a video called "The American Border Patrol Story" and put it online. It showed how we planned to use things like the Internet and unmanned aerial vehicles to bring the truth about the border to the American people. It helped recruit some young technical talent who joined me in November of 2002.
For the next three years ABP did some miraculous stuff, including sending live video of border crossers out over the Internet -- and at night. We developed our own unmanned aerial vehicle and flew it to spot border crossers -- and it at night! And we did a lot more. (A chronological list of activities can be found here)
Border Patrol Management Problems
It didn't take long for me to realize, however, that the Border Patrol had a real problem. Try as I might, I could find not find where it had set measurable goals and objectives. Everyone knew that their job was to stop illegal immigration, but no one knew how much there really was.
There is an axiom of systems management; If you can't measure it, you can't improve it. I began to think that maybe the government didn't want to count illegal border crossers because it didn't really want to stop them.
On June 3, 2004 I appeared on Lou Dobbs Tonight and said, "This system is designed to fail without the American people knowing it."
Over the next four years I repeated this claim. (Search AmericanPatrol.com site for 'designed to fail' for a complete list)
On March 20, 2005 I proposed the development of a computer model of Border Patrol Operations: "To do so would require that they adopt a figure of merit a public statement of the goal of the Border Patrol," I said.
In early 2006, I produced a video: The U.S. Border Patrol, How It Works, and Why it Doesn't. Once again, I called on the government to set measurable goals for the Border Patrol.
Strategic Border Initiative SBI
In early 2006, DHS went public with its Strategic Border Initiative SBI and SBInet, a virtual fence concept.
After four years of frustration over government's failure to manage the border problem, I exploded. I called the SBI the Strategic Bullsh*t Initiative. I said, "Nowhere does SBI spell out a goal that can be measured. This is all of the same nonsense we have seen for years. The program will be run by open borders people at DHS/CBP and will accomplish absolutely nothing except lull the people into a false sense of security."
It turns out I was right. (Boeing virtual fence: $30 billion failure -- ZDNet )
The issue of border control ratcheted up with the signing of the Secure Fence Act of 2006. Besides requiring the construction of 700 miles of double-layered border fence, the act mandated a systematic evaluation of the effort.
Words from the Secure Fence Act of 2006
"Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section."
Operational Control Defined
In this section, the term 'operational control' means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband."
Did DHS Report?
Not only did the DHS not report, a recent report from the Governmental Accountability Office points to the failure of DHS to measure its progress as the main reason for failure of border enforcement.
(See: Secure Border Initiative: Technology Deployment Delays Persist and the Impact of Border Fencing Has Not Been Assessed). "For all the money spent, the department has not set up a way to evaluate the fences' impact, relying mainly on the judgment of senior Border Patrol agents," the New York Times reported.
It is interesting to note that Mr. Richard Stana of the GAO has been calling on the DHS to measure progress on the border since 2003.
Means Orientation
It isn't as if DHS runs around with no plan at all. They do have a plan.
In January of 2006, the acting director of the SBInet project said the goal of the system was to "Gain, maintain and expand." He didn't exactly say what. He went on to say you do this by doing three things
Detect -- Identify/Classify/Respond
(I go into detail on this thinking here) -- DHS used this brilliant logic to focus on developing a COP -- Common Operating Picture. This involves the use of radars, computers, and all sorts of neat devices designed to keep Border Patrol agents informed.
This is what we call a means orientation -- focusing on how to do something without regard to the real mission; in this case stopping illegal immigration.
Measuring Effectiveness
Measuring the effectiveness of border enforcement is not rocket science. (I used to do rocket science.) The Secure Fence Act of 2006 said the objective of DHS is the "prevention of all unlawful entries into the United States."
A measure of how well the DHS is doing is how many persons enter the U.S. illegally. If one counted everyone who crossed the border illegally and subtracted those who were apprehended by the Border Patrol, the result would be a measure of how well the Border Patrol is doing.
It is not realistic to expect the Border Patrol to stop every single person, but a realistic goal could be set. I suggested a goal of no more than 20,000 people crossing the border successfully.
The first step in this process is to actually count the number of people entering illegally. For the past couple of years bordeinvasionpics.com has been counting people on trails entering the U.S. using remote game cameras. Also, American Border Patrol counted hundreds of illegal border crossers using its border cameras.
Counting Border Crossers
There is no doubt that DHS has the technology and resources to count the number of people crossing the border. After all, they cross in plain sight.
DHS could mount hidden cameras on all of its border fences dedicated to just counting crossers. It could place hidden cameras on all of the trails leading into the U.S. for the same purpose. It could use its Predator B unmanned aerial systems to perform thermal photos surveys. And there are plenty of other ways they could come up with a pretty good count of border crossers. All that would be left, then, is to subtract the number they apprehend and there you have it.
The history of the DHS tells me that they will not even try to count border crossers. They do not want us to know how well they are doing so they will probably come up with some lame excuse as to why they can't. Pushed further they would probably agree to try to do it and then take ten years to reach a conclusion that they failed.
Operation Plain Sight
It is time for us to take matters into our own hands. It is time for American to do what our government refuses to do -- count the border crossers.
On October 15, American Border Patrol will launch Operation Plain Sight. The purpose will be to show how it is possible to county the number of people who cross our borders illegally. It will involve using the technology it has developed over the past seven years, and more. It will involve volunteers along the border, including pilots. It will involve placing remote cameras. It will involve volunteer "spotters" who will stand watch at key locations. It will involve using aircraft such as ABP's new Challenger II to catch people at night.
The goal of Operation Plain Sight is not to county everyone who crosses the border. The goal is to show that it is possible and that the DHS could do it if it was forced to.
In 2004 American Border Patrol demonstrated how unmanned aerial vehicles could be use along the border. This prompted the Border Patrol to purchase its own UAVs. In 2005 ABP demonstrated the use of border cams to spot illegals. The State of Texas adopted the idea.
We believe that Operation Plain Sight is doable. We hope others agree and join in on the effort.
join me in bedford county to go too the border, see for your self why we must rid our county of illegals.