Fresno police officer felt ‘the hand of God’ before gunfight

Fresno police officer Arthur De Leon said Tuesday that moments before a 2013 gunfight with two gang members he felt “the hand of God.”

The officer’s testimony came during the second day of a criminal trial in Fresno County Superior Court. Ricky Burciaga, 25, and Mario Rangel, 24, are accused of starting the gunfight with De Leon at Cedar and Butler avenues during the early evening hours of Dec. 2, 2013.

Prosecutor Dennis Lewis contends De Leon feared for his life when he opened fire because Burciaga fired a shot toward De Leon’s head.

Fresno attorney Amy Guerra, who represents Burciaga, told the jury that De Leon started the gunfight because he had followed the two defendants for more than a mile on Cedar Avenue before he pulled up next to them at Butler Avenue in order to shoot them.

From the witness stand, De Leon shot back that he hadn’t planned to use his gun. “I was scared for my safety.”

De Leon testified that he was heading to work at the southeast Fresno substation when the incident started. He was driving his family car and not in uniform. He was in the left southbound lane on Cedar and the defendants’ Honda was in the right southbound lane. He said his goal was to stay behind the defendants’ car.

In cross-examining De Leon, Guerra pointed out that in previous statements De Leon said he never got closer than 19 feet from the defendants’ car.

But on the witness stand, De Leon said that figure was just an estimate.

After following for more than a mile, De Leon testified he made a mistake by stopping slightly in front of the defendant’s car at Butler Avenue, about a block away from the substation. He said he had to stop because the traffic signal had turned red. He said the defendants’ car also stopped for the red light in the right lane, but there was a car in front of them.

To bolster her theory of the shooting, Guerra pointed out that De Leon had said in previous statements that he might have stopped 5 feet from the crosswalk. But in court, De Leon told the jury that figure was an estimate. He testified his car’s front end likely was at the crosswalk.

Guerra also accused De Leon of firing his weapon first after he cursed at the two defendants.

De Leon, however, testified that he fired his weapon only after Burciaga fired the first round at him.

In defending himself, De Leon told the jury he fired 12 rounds. It’s not known how many bullets the defendants fired.

Burciaga and Rangel were wounded. De Leon was not hit by gunfire.

De Leon said he started getting scared during the drive down Cedar when the passenger of the Honda started acting weird and making hand gestures toward him that looked like gang signs. De Leon said he heard a voice tell him: “Hey, this isn’t right.”

It was after he passed Tulare Avenue that he decided to get his gun out of his backpack, which was on the front passenger seat. He said he took the safety off the gun, but kept the weapon low, resting it on top of the backpack, so motorists couldn’t see it.

Up to this point, De Leon told the jury that Burciaga’s actions didn’t constitute a crime. He also testified that Rangel hadn’t committed a traffic violation.

If no crime has been committed, Guerra asked De Leon, was it his normal practice to drive around with his gun in his hand and the safety off?

“No, I don’t do that,” De Leon said while pointing out that weapons in his patrol car are easily available. To get his gun in his family car, he had to dig into his backpack, which also had a police radio, handcuffs and other things, he said.

Guerra also asked him why he didn’t turn off Cedar Avenue to avoid a confrontation. De Leon said his goal was to get to the substation where he knew officers could help him. He also testified that if he turned off Cedar, the defendants could make a U-turn and get behind him — a situation he didn’t want to be in.

According to De Leon, gunfire erupted after Burciaga first shouted at him: “Whatcha bang?”

He told the jury that his reply could be perceived as confrontational.

And he testified that he never saw Burciaga with a gun until it was fired at him.

After the exchange of gunfire, De Leon drove to the substation and reported the shooting and the license plate of the Honda. He had his gun in his hand while talking to fellow officers at the substation. Guerra pointed out that in previous statements De Leon said he had the barrel of the gun pointed down because “it’s easy to lose your mind and point it at someone.” In court, De Leon clarified his statement, saying he was just trying to carry the gun safely.

Burciaga and Rangel were arrested after they sought treatment for their wounds.

The trial in Judge Houry Sanderson’s courtroom is expected to take about a month.

This story was originally published June 30, 2015 at 5:50 PM with the headline "Fresno police officer felt ‘the hand of God’ before gunfight."