When he arrived on the scene, police officer John Rhymer said, he saw Orley Miquel Smith and Bayari Rodriquez fighting on the ground.
“As we approached, they noticed the police presence,” Mr. Rhymer testified in Magistrates’ Court on Tuesday. “Then Mr. Smith got up and ran.”
Messrs. Smith and Rodriquez appeared in court on Tuesday to begin trial for the incident that occurred at 10:50 p.m. on May 2, 2011.
The two Spanish-speaking defendants, who addressed the court through an interpreter, were charged with assault occasioning actual bodily harm, possession of an unlicensed firearm, and possession of explosives. Both men pleaded not guilty to the charges, and neither had an attorney present.
While Mr. Smith fled the scene, he allegedly dropped something on the ground near the police officers. Mr. Rhymer said the object, which was later recovered, is known in the Spanish-speaking community as a “chilena” – a homemade firearm.
The trial is to continue on April 26.
See the April 19, 2012 edition for full coverage.