Surviving victim testifies in cabbie murder trial

Jaime Torres took the stand Friday to finish testimony he began late the day before. On direct examination, he described being terrified during the ordeal in which he said Mataele pulled a weapon, demanded money and items from him and driver Davinder Singh and, quickly after, began firing. But under questioning by defense attorney Gerritt Rutgers, Torres admitted often not remembering details or having no recollection at all. Torres admitted being quite drunk at the time and initially telling police he didn’t know what happened. Torres said he claimed ignorance out of fear that implicating and eventually testifying against Mataele would jeopardize his own safety.

"I was scared for my life. He just tried to kill me,” Torres testified.

But Rutgers painted Torres as a convicted domestic batterer, on probation at the time, and telling police what they wanted to hear because they wouldn’t accept that he didn’t remember. Torres was extremely intoxicated — a blood alcohol level of .13 seven hours after the incident — and on the stand Friday often couldn’t recall specific details of either the shooting or the subsequent police interview.

Torres later said his memory was better at the time, and at a later preliminary hearing. He conceded being unclear on details like how much he drank and where exactly he sat in the taxi he shared with Mataele but insisted the situation was an attempted robbery and shooting.

Reviewing a tape of the police interview a month ago did little to refresh his memory, he conceded, but said it was due to the trauma.

"It’s just very difficult for me to relive this whole situation,” he said.

The situation began on Sept. 13, 2003, at Sodini’s bar on El Camino Real where the two men were casual drinking buddies. They went to the home of Torres’ friend who later called them a cab. Singh, the driver, headed toward a bar at Torres’ request but, at Oak Avenue, Mataele pulled out his gun, pointed it at the driver and told him "break yourself” — street slang indicating a robbery, according to prosecutor Joe Cannon.

Singh was shot twice in the head and Torres later told police Mataele demanded his cell phone and gold teeth before turning the weapon on him. After the cab crashed into a parked Taurus at Elena Street and Oak Avenue, Mataele allegedly fled but was found at a nearby bus stop and recovered the gun and unused bullets from his backpack.

Rutgers tried getting Torres to admit he wasn’t sure if Mataele uttered the street slang or if Singh grabbed the gun during a struggle before the first shot.

If Mataele said "break yourself” or "jack yourself,” what did he mean, Rutgers asked.

"Why don’t you ask your client that?” Torres replied.

On the stand, Torres said "common sense” told him it was a robbery and he knew Singh had been shot in the head from reading the fact in the newspapers.

Rutgers also got Torres to say he was the one who called the cab although his friend claims he is the one who did so — proof Torres can’t accurately recall the evening. He also took aim at Torres’ character, bringing up his domestic violence convictions and questioning his tattoos.

Mataele is charged with murder, attempted murder and attempted robbery. If convicted, he faces life in prison.

After a preliminary hearing in the case, Mataele was hospitalized as incompetent. During this time, Rutgers said medical clinicians discovered conditions that could explain the shooting.

Rutgers has told jurors the fatal shooting was not a murder as his client was unconscious due to a form of epilepsy. He plans to call experts to discuss the neurological condition.

But Cannon aims to disprove the notion and told jurors during opening statements Mataele was aware of his circumstances.

Mataele remains in custody on no-bail status. The prosecution continues its case Monday.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.