Heriberto Viramontes will not tesify in Bucktown bat attack trial

Heriberto Viramontes, the man accused in an attack with a baseball bat that left exchange student Natasha McShane severely injured will not take the stand in his own defense.
October 23, 2013 4:08:24 PM PDT
The man accused in an attack with a baseball bat that left exchange student Natasha McShane severely injured will not take the stand in his own defense. Both the prosecution and the defense rested their cases Wednesday in the trial of Heriberto Viramontes. The jury is expected to get the case on Thursday.

Defense attorneys began presenting evidence Wednesday. Attorneys for the State rested Wednesday morning after calling witnesses and presenting evidence for five days in the State v. Heriberto Viramontes.

Viramontes is accused of robbing and beating two women in the Bucktown neighborhood three years ago.

Stacy Jurich was the first witness called by prosecutors. She testified about seeing a silver bat hit her friend.

Natasha McShane suffered a severe head injury from the attack and is unable to speak or walk on he own. McShane is being cared for at home in Northern Ireland, but her family has been present for the trial.

Viramontes told the judge Wednesday he would not testify in his own defense. His attorneys called several police officers to testify.

Officer Middleton testified she asked Jurich for a description of the attacker. From Jurich's information, Officer Middleton sent a flash message to other officers about a male black suspect with medium build 5'7' to 5'9".

Officer Del Pilar testified that she stopped two men who met that description a block from the attack within an hour of the attack. Additionally Officer Del Pilar said the men had blood on them but she allowed the men to go.

Detective Troche testified that Jurich told him the suspect was a male black when she was in the hospital, and that Detective Troche tried and failed to find the two men who were stopped shortly after the attack.

The other person charged in this case pleaded guilty. Marcy Cruz agreed to a lesser sentence in return she testified against Viramontes.

On Wednesday, Detective Rodriguez testified he questioned Marcy Cruz and that she changed her story. Asked by the defense attorney: "She lied to you?" Detective Rodriguez responded: "She lied to me initially. Yes."

Investigators did find a baseball bat in Marcy Cruz's van. However, it was a wooden bat, not a metal bat, but it did have silver duct tape around the handle. Fingerprints were never found on that bat, but prosecutors say there was other evidence that connects Viramontes to the crime. On Thursday, it will be up to the jury to decide the facts in the case.

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