Second week of testimony underway in trial over alleged attack on North Texas ICE facility

The trial of nine defendants accused of mounting an attack of a North Texas ICE detention facility resumed in Fort Worth federal court Tuesday morning after a three-day recess. Here's a recap of the trial so far.

Day 1

Monday, Feb. 23: Jury selection. Read a recap here.

Day 2

Tuesday, Feb. 24: Opening statements, injured officer testifies.

Day 3

Wednesday, Feb. 25: After questioning two Prairieland corrections officers about their experiences on the night of July 4, prosecutors brought the lead FBI agent to the stand. Clark Wiethorn was in charge of the investigation that night. The government replayed dash camera video of the first officer's arrival, but this time slowed down the footage to show the jury what the officer did not notice at the time: a wagon near the entrance to the property with a figure all in black, wearing a brightly colored face mask. 

Prosecutors also played several minutes of surveillance video from the facility, showing fireworks going off along the tree line next to the building. Colorful mortars exploded in the air and closer to the ground, and Roman candles could be seen flying into the air. At various times, several figures are seen moving along the tree line with as many as 10 in frame at once. During cross-examination, Wiethorn testified there was no damage to the building and that there was no gate or fence blocking access to the area where the fireworks originated. Some defense teams have questioned whether everyone who was there that night knew the tree line was private property.

Next, the government called Neliea Meda Frias to the stand. She was the organizer of a protest that happened at Prairieland earlier in the day. Prosecutors showed her Facebook post advertising the event, which featured an aerial map of the property that labeled the area where protestors could legally gather. Meda Frias testified that she called police ahead of time and had several coordinators on scene that morning to make sure things stayed peaceful. She recalled meeting a man dressed all in black wearing a "tactical" backpack who said his name was John. Meda Frias said she saw him attempt to walk past safety cones towards the property and warned him that he was not allowed in that area. She said a woman who was with the man became angry at that and the pair, along with a young girl, left soon after. Prosecutors believe the woman was Maricela Rueda, one of the defendants.

The rest of the day's testimony came from FBI special agent Taylor Page, who walked the jury through detailed maps showing how investigators tracked the phones of each of the defendants. Most of the maps showed devices moving toward the Alvarado area on the evening of July 4, though Autumn Hill's phone signal stayed in the area of her home in Dallas.

Day 4

Thursday, Feb. 26: A dozen law enforcement officers took the stand Thursday as the government showed the jury how police encountered some of the defendants on the night of July 4. Body camera footage showed several Alvarado police officers who had responded to the scene initially ignoring Ines Soto, Elizabeth Soto, Savanna Batten, Maricela Rueda and Seth Sikes as they walked along the darkened streets of the neighborhood next to Prairieland (Sikes has pleaded guilty in the case and is expected to testify against the group).

Officer Jeremiah Zapata testified that when he originally saw the group from afar, he assumed it was other law enforcement officers. Officer Carmen Solis said she thought they were citizens being ushered to safety. It wasn't until their sergeant asked about the group that officers approached them and ordered them to sit on the ground.

Three Johnson County deputies testified about their encounter with Megan Morris, who was pulled over in a traffic stop a few miles from Prairieland. Body camera video showed deputies pulling out several firearms, ballistic vests, a trauma kit and a walkie-talkie as they shared their theories. "This looks like a terror attack planned on Prairieland," deputy Karl Parsons could be heard saying. Morris was seen obeying commands and answering questions as she sat in the back of a squad car. She told deputies her friends were at a protest and had asked her to watch the car. 

Two Venus police officers took the stand to describe the arrest of Zachary Evetts. They spotted him walking along Highway 67 about three-and-a-half miles from Alvarado, headed in the direction of Waxahachie. Officers said he was wearing tactical gear and was muddy, with "sticker burrs" all over his pants. Video showed him obeying their commands to lie on the ground, saying little to officers about where he had been or where he was headed. Evetts' wife, who has attended the trial every day, was seen quietly crying as she watched the video of her husband's arrest.

Defense attorneys took issue with law enforcement's description of the group's attire that night. When asked, officers and deputies repeatedly described clothing, footwear and accessories as "tactical" in nature. Defense teams pushed back on that term, asking if a shirt being black was enough to consider it "tactical."

The day ended with Johnson County crime scene investigator Kim Burris walking the jury through dozens of photos of evidence from that night, included every piece of clothing worn by the defendants and photos showing damage to Prairieland employees' vehicles.

Day 5

Friday, Feb. 27: Friday began with a warning to the government's attorneys. Judge Mark Pittman reiterated an order he put in place at the start of the trial about calling the defendants by their preferred names and pronouns. Both Megan Morris and Autumn Hill are trans women. Pittman told prosecutors to "be consistent out of respect for them" and advised the government to change the names on the exhibits when possible. 

Texas Ranger Billy Hill took the stand to talk about his role in the investigation. Hill testified that he focused on the officer-involved shooting, including the gathering of ammunition evidence and the actions of Lt. Thomas Gross, the Alvarado police officer injured in the shooting. Some defense attorneys have made the argument that Gross escalated the situation that night by pulling his weapon as soon as he got out of his car. Hill said he believed that Gross was justified in pointing his weapon, telling jurors he thought Gross was "ambushed." 

Prairieland's warden then testified about the security upgrades made since the shooting, which include new fencing around the perimeter, two full-time patrol vehicles, a new guard shack with bulletproof windows, a "fortified" lobby and additional surveillance cameras.

Three FBI agents then took the stand to walk the jury through dozens of photos of items seized during the investigation. Photos from the Dallas home of Autumn Hill showed a gun safe with rifles, along with firearm magazines and ballistic vests. Prosecutors also showed several poster boards with protest messages such as "activism is not terrorism."

But the bulk of the afternoon was spent on two phone calls made by Maricela Rueda as she sat in the Johnson County Jail. The first was to her mother on the afternoon of July 5. Both women spoke Spanish during the call. Prosecutors went over a transcript, during which Rueda said, "Something terrible has happened," and asked her mother to "communicate to Danny and he will explain." Prosecutors say Rueda was referring to her husband, Daniel Rolando Sanchez-Estrada, another defendant.

The second call took place the next day, when Rueda reached out to Sanchez-Estrada, asking him to take care of her house, daughter and their pets. She also told him her car was parked on the street where Autumn Hill lived, telling him to do whatever it took to get it. At one point Rueda can be heard saying, "Just tow it." On cross examination her attorney pointed out that the car was at risk of being repossessed, and that Rueda's instructions made sense when taking that into context. 

Sanchez-Estrada could be heard sharing words of support to Rueda, saying "we're going to stand by you." At one point Rueda quietly tells him, "it wasn't supposed to go like this."