OREGON KIN WANT CHARGE DROPPED

Misdemeanor Trial Will Begin Monday

After complaining bitterly about a Harris County grand jury probe into
the death of Pedro Oregon Navarro, his family now wants the only
charge brought by that panel to be dismissed.

They have asked prosecutors to dismiss a misdemeanor charge of
criminal trespass against James Willis, an ex-police officer charged
in connection with the July 12 shooting.

The request, which could affect Monday's scheduled trial of Willis,
could be an attempt by family attorneys to keep Pedro's brother,
Rogelio Oregon, from testifying in a state court.

Prosecutors say they can't consider the family's request until they
talk to Rogelio Oregon, which they haven't been able to do because
they can't find him.

His attorneys, who have promised prosecutors his cooperation in the
past, haven't told state authorities where he is and prosecutors say
he has eluded Harris County district attorney's investigators who have
tried to serve him with a subpoena to testify in Willis' trial.

On the other hand, Rogelio Oregon has cooperated fully with federal
authorities investigating his brother's death, said Paul Nugent and
Chris Flood, two of his attorneys. He testified before a federal grand
jury Wednesday.

But Rogelio and his family are apparently no longer extending the same
cooperation to state prosecutors.

Rogelio was in the apartment the night that Houston police officers
shot and killed his brother.

Acting on an informant's tip that drugs were being sold there, six
officers burst in. After one officer accidentally fired his weapon,
the officers opened fire on Pedro Oregon, hitting him 12 times, nine
in the back.

Some of the officers have said that Oregon pointed a gun at them. He
did have a gun, but it had not been fired.

The officers had no arrest or search warrant, and no drugs were found
in the apartment or in Oregon's system.

After a lengthy grand jury investigation, only Willis, 28, was
indicted, on the misdemeanor charge. All six officers have been fired.

When that grand jury investigation ended, an FBI and federal grand
jury probe began and a federal civil rights lawsuit was filed, all
amid harsh criticism of police and prosecutors by protesters who say
the shooting was not justified.

"We have requested that the district attorney's office honor the
request of the family to dismiss the misdemeanor prosecution and let
the federal government proceed with their comprehensive investigation
of all six officers involved in Pedro's death," said Nugent, who is
also representing Pedro Oregon's family in the lawsuit against the
city.

Nugent's comments were echoed in a letter from attorney Richard
Mithoff to prosecutor Edward Porter on Wednesday. Mithoff, who is also
representing Oregon's family, wrote that dismissal of the charge
against Willis will spare the family additional pain and "avoid the
risk of compromising the ongoing federal investigation."

Mithoff could not be reached for comment Wednesday, and Nugent
repeatedly refused to say whether the family's request, which came in
the form of a signed affidavit from Rogelio, means that Pedro's
brother won't show up to testify on Monday.

"We ask the district attorney to please consider the feelings of our
family," says the affidavit signed by Rogelio Oregon. "We have already
suffered enough. Please do not insist on going forward with this
misdemeanor trial while there is an ongoing federal investigation into
much more serious felony charges against all of the officers involved."

Willis' trial has already been delayed once because Rogelio refused to
testify, a problem prosecutors had thought they had addressed in
subsequent meetings with Mithoff.

Willis' attorney, Brian Benken, could not be reached for comment
Wednesday, but he has said he would ask for a dismissal if Rogelio
does not show. He has also said he is looking forward to
cross-examining him.

Porter said his office received Rogelio's affidavit March 2, but there
are problems with it. But he said Willis' trial in Harris County
Court-at-Law Judge Neel Richardson's court will continue as scheduled.

When complaining witnesses request that a charge be dropped,
prosecutors routinely talk with them, Porter said.

"The bottom line is that we always try to honor requests from families
as much as we can within the confines of the law," Porter said. "But
especially in a case like this, it would be important for us to meet
with (Rogelio). We can't make that decision (on dismissal) until that
happens, and we can't make that decision based on this document."

Asked if he would serve a subpoena on Rogelio at any such meeting,
Porter would not comment. If a subpeona is served, prosecutors would
have more leverage to get him into court.

Porter also would not comment on whether he thought the request was
merely an attempt to keep Rogelio out of criminal court -- and away
from the cross-examination of defense attorney Benken.

"I, of course, expect him to be there (Monday) since there's been no
indication he won't be," Porter said. "As far as I know, I still have
an agreement with Mr. Mithoff."