Jury Exonerates Brooks of Charge

Douglas Daily Dispatch
July 6, 1916

Thursday, July 6, 1916

"We, the jury, find that the death of Jose Mendez was caused by a gunshot wound fired by Officer Ross Brooks, and we consider the same justifiable homicide." This was the verdict returned yesterday by the coroner's jury after hearing the evidence of a number of witnesses relative to the killing of Mendez while resisting arrest at his home, 707 Second street.

Brooks' own story which was substantiated by several witnesses was that when he and Officer George Gray went to arrest Mendez they demanded that he come out. His wife began abusing the officers and Mendez could be seen through the window, walking the floor with a pistol in his hand. Gray went for other officers and Mendez, seeing Brooks on guard, tried to get out the back door. Brooks met him at the door and Mendez fired twice at him with a .45 calibre revolver he had in his hand. Brooks then fired three times, all shots taking effect, the first staggering Mendez, the second bringing him to his knees and the third to the ground. Mendez then fired two more shots.

Mendez managed to crawl a block from his home toward the border before he fell on the doorstep of Juan Valdez in a dying condition. After he had been placed in an ambulance and was being taken to the hospital he told Night Sergeant G. Mervyn Moore that he had come out of the house with the intention of killing a policeman. He said that he was braver than any gringo and begged for a pistol in order that he might shoot it out with Moore.

Gavina Estrada Mendez, wife of deceased, said that her husband's pistol was not loaded and that he did not shoot until after he had been shot by the officer, loading and discharging the weapon as he lay on the ground. A number of witnesses testified that they heard two heavy reports, then three sharper ones, then two more which would substantiate Brooks' story, as he was shooting a .38 caliber pistol and Mendez was shooting a .45 caliber weapon.

The most serious testimony against the dead man was given by his sister, Elena Mendez, who said that ever since her marriage to a Spaniard her husband and she had lived in daily dread of the brother, who had promised to kill them both, as he did not like Spaniards. At one time he menaced her with a pistol [as] she lay in bed and to this act a physician ascribed the death of her baby, born a week later. It was she who swore out a warrant for his arrest, which Brooks was trying to serve when he was for\ced to shoot Mendez.

Mendez was 24 years old and a native of Magdalena, Sonora. He had been in this country five years. Hew as considered a dangerous man and only recently had serious trouble with a peace officer at Pearce. He was a former Carranza soldier. Mendez was buried Tuesday afternoon.

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