Dallas

Testimony in trial for man accused of killing Methodist hospital workers begins

Nestor Hernandez faces a life sentence without the possibility of parole for capital murder charges

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Testimony in the capital murder trial of the convicted felon accused of shooting two hospital workers at Methodist Dallas began Tuesday morning.

The case gripped the nation's attention last year when it happened in October 2022. Jacqueline Pokuaa, a social worker and Annette Flowers, a nurse, were both killed.

Police say the man accused of killing them, 31-year-old Nestor Hernandez was out on parole in October 2022. He had permission to be at Methodist Hospital because his girlfriend at the time was giving birth to their baby.

Hernandez has pleaded not guilty to his charges.

On Tuesday, the courtroom was packed with the families Flowers and Pokuaa. Many of them are wearing purple for Flowers' favorite color along with purple butterflies on their shirts that Dallas Methodist made for memorial services last year.

Opening statements were brief but pointed from each side.

"He took a beer, a gun and he had took a mindset of murder to the maternity ward at Methodist hospital," said one of the prosecutors.

The state also claims that Hernandez was found with gunshot residue on his hands.

Hernandez's defense team asked jurors to keep an open mind as they hear testimony and go through evidence.

"Do not make your mind up about anything until you form your own opinion because I submit to you - guilty to a lesser offense of murder - not capital murder," said defense attorney Paul Johnson, who added his team is aiming for lesser charges of murder and not capital murder.

Then attorneys jumped right into some big witnesses, including Pokuaa's brother and Flowers' daughter, who each spoke about the dedication both women had to their careers and the people they took care of at the hospital.

Next, Selena Villatoro, Hernandez' ex-girlfriend, took the stand on Tuesday morning.

She is a key witness because she had just given birth to their baby the day before he was granted permission to visit her at the hospital.

She described the moments of rampage after he arrived at the hospital room with a beer and a gun, as he accused her of cheating on him.

“He’s opening the closet door, slamming them. The next thing, he's sliding a desk, he throws it and he hits me with the gun," Villatoro told the courtroom.

"He told me to stop playing with him… and that we're going to die today. He was saying that whoever would walk in the room was going to die with us," Villatoro testified. "He was saying that we were going to make the news."

The prosecution showed photo evidence of her injuries from when he hit her with a pistol during the ordeal.

She continued to describe in tragic detail the moments Pokuaa and Flowers were fatally shot.

Pokuaa was shot first when she entered the room. Villatoro said he then tried to take the baby away from her while still holding the gun. She testified that he hit her several more times with the weapon.

She said he also threatened to harm their baby.

Another witness, longtime hospital employee Stacey Smith, was called up next.

Smith, who was the charge nurse the day of the shooting, said she came face to face with the gunman -- who she described as having a “smirk on his face."

Methodist Police Sergeant Robert Rangel had been a few doors down on a different call and fired back injuring Hernandez during a standoff.

The incident ended when Hernandez was shot. He was treated and arrested shortly after.

Nestor Hernandez faces a life sentence without the possibility of parole for capital murder charges.

Hernandez was wearing an ankle-monitor at the time and has two felony convictions for aggravated robberies in Dallas in 2011 and another in 2015.

But he also had prior parole violations, including cutting off his ankle monitor just months before the shooting. He was still able to get permission to visit his girlfriend at the hospital despite this.

The case led to a change in Texas law. Earlier this year, Senate bill 1004 was proposed and passed after the shooting, with Governor Abbott signing it into law this summer.

Under the law, parolees and people out on bond will face a felony charge if they knowingly remove or disable their ankle monitor. Previously, messing with an ankle monitor was just an administration violation and not a criminal offense.

Dallas police chief Eddie Garcia shared his frustrations about the device during the announcement back in March.

"It is my belief that ankle monitors do not work,” he said. "We're giving too many chances to violent criminals and not giving enough chances to our victims and communities and neighborhoods that need it. So yes, this is extremely helpful and something that will definitely benefit us."

Jury selection took place on Monday and the trial is expected to last two weeks.

Hernandez faces a life sentence without the possibility of parole.

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