Investigators on Tuesday testified that an off-duty Stanislaus County sheriff's detective shot a woman three times in the chest after an apparent landlord-tenant dispute last year outside a west Modesto home.
Former sheriff's Detective Kari Abbey, 34, is accused of second-degree murder and voluntary manslaughter in connection with the shooting death of Rita Elias, 31, of Modesto.
The investigators say Elias brandished a BB gun after the two women fought outside the duplex home in the 1700 block of Donald Street, which was owned by Abbey's parents.
Testimony got under way Tuesday morning in Abbey's preliminary hearing, which is expected to go on for at least three days.
Abbey remains free after posting a $1 million bail bond. At the end of the preliminary hearing, Superior Court Judge Ricardo Córdova will determine whether there's enough evidence for the case to go to trial.
Abbey also has been charged with criminal conspiracy, embezzlement, cultivating marijuana, receiving stolen property and child endangerment.
A March 30 search of property Abbey shared with her father yielded a sophisticated marijuana garden, several weapons, counterfeit bills, steroids and items from the Hayward Police Department. Abbey's husband, Bennie Taylor, worked for the Hayward police until last year.
The courtroom was crowded with spectators as dozens of supporters for each side attended the hearing's first day.
Before the hearing began, Córdova warned the audience that any outbursts or disturbances would not be tolerated.
"I know this is an emotional case," Córdova told the audience. "I expect you to treat each other with decency."
Abbey sat quietly next to her defense attorney, Michael Rains, as several former colleagues took their turn on the witness stand for the prosecution.
Detective Frank Soria testified that he questioned Jose Flores, who was working for Abbey communicating with Spanish-speaking tenants. He said Elias had moved in with two men who barely spoke English, living in one of the Donald Street apartments.
Flores was with Abbey and her father on Sept. 24, 2010, when they confronted Elias at the duplex. Flores told Soria that Abbey and Elias yelled profanities at each other before they started fighting.
Abbey threw Elias' backpack and purse toward the street after the woman refused to leave the property, Soria testified. Elias then verbally challenged Abbey, saying "if it wasn't for these high heels, I'd kick your a--."
Elias then went inside the apartment and came out holding the BB gun, which looked like a .45-caliber semiautomatic handgun, in one hand and a stick in the other, Soria testified.
During cross-examination, Soria said Elias told Abbey and her father "I will take care of you" as she pointed the BB gun at them. Then Abbey shot Elias.
Investigators found at the crime scene six .40-caliber shell casings believed to have come from Abbey's .40-caliber semiautomatic Glock handgun.
Detective Jon McQueary testified about an autopsy conducted by pathologist Eugene Carpenter, saying that two of the three bullets that hit Elias weren't fatal. He said the other bullet hit Elias' lung and heart, killing her.
He said a toxicology report also determined that Elias had methamphetamine in her body when she died.
The detective testified that Carpenter found cuts on Elias' lower lip, possibly from a punch to her face, along with bruising on Elias' face and scalp.
Testimony from Soria indicated that Abbey had the upper hand throughout the fight with Elias.
Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209)578-2394.
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