Prosecutors say accused Methodist Dallas gunman Nestor Hernandez had "murderous mindset"

Jury selection underway for accused Methodist Dallas killer

DALLAS (CBSNewsTexas.com) - The jury heard from ten witnesses Tuesday during the opening statements phase of the capital murder trial of Nestor Hernandez, 31. He's accused of killing two Methodist Dallas Medical Center healthcare workers on October 22, 2022.

Jacqueline Pokuaa and Katie Flowers ID'd as Dallas Methodist hospital shooting victims

Both victims, one a nurse named Katie Flowers, 63, and a case worked named Jacqueline Pokuaa, 45, died trying to help one of their patients, a new mother who turned out to be Hernandez's girlfriend, Selena Villatoro.

The defense asked the jury to consider a guilty verdict to a lesser offense for Hernandez. The courtroom was filled with the victims' family and friends, many of whom wore purple, because they say that was Flowers' favorite color. 

The prosecution submitted as evidence a paternity test showing that Hernandez the father of Villatoro's son. 

Hernandez, who was on parole at the time of the shooting, was given permission to visit Villatoro that day.

"I don't think his intention was to kill our son, but just me and him," Villatoro shared in court Tuesday.

When asked if she thought that was why Hernandez was trying to take the baby from her, Hernandez replied, "Yes sir."

Villatoro added that she feared Hernandez would try to kill anyone who entered her room since she saw him reload the gun.

While visiting Villatoro, and with their newborn in the room, Hernandez accused her of infidelity. According to an arrest warrant, he then started searching the closet and bathroom for anyone else in the room. He also struck the mother of his child multiple times on the head with his gun, the warrant states. After making several "ominous phone calls and texts to his family," Hernandez reportedly continued his "strange behavior."

"We are both going to die today," he reportedly told Villatoro, followed by, "Whoever comes into this room is going to die with us."

Moments later, Pokuaa entered the room to provide care for Hernandez's girlfriend and their baby. That's when he opened fire, striking Pokuaa, killing her, court documents state.

Flowers heard the shot fired and looked into the room, and Hernandez fired again from the doorway, hitting her in the hallway. Methodist Medical System Sergeant Robert Rangel witnessed Flowers get shot, took cover, and called for help on his radio. 

The investigation showed Hernandez reportedly reloaded his weapon and started to leave the room, still armed with his gun. Sergeant Rangel fired one shot and hit Hernandez in his leg. 

"There is no doubt he saved lives by preventing Hernandez from leaving the room," said Dallas Police Chief Eddie Garcia about Rangel's actions that day. 

Hernandez went back into the room after getting shot, and after a standoff with police, he was taken into custody.

"A violent individual like this should not have been on ankle monitoring. He should have still been in-custody," said Garcia previously to CBS News Texas. "Ankle monitors on violent criminals are useless."

Garcia later confirmed the police department didn't know Hernandez was going to be at the hospital the day of the shooting.

Following the incident, Dr. Serena Bumpus, CEO of the Texas Nurses Association, called the shooting "unacceptable."

"Our hearts are broken," said Dr. Bumpus. "These are our colleagues and friends. The entire TNA family grieves this loss and we extend our condolences to the families and coworkers of the victims." 

She also brought up the issue of public and healthcare worker's safety, stating: "No person should fear for their life for merely going to work, especially a nurse or healthcare worker whose passion is to help others heal. We hope our legislators understand that we need to protect our healthcare workers." 

Prior to the shooting, Hernandez served a prison sentence for aggravated robbery in 2015 – serving six of his eight years. 

This trial could last up to two weeks.

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