I was covering the Willie Gandara Jr. federal court bond hearing Tuesday so I only got to spend a few minutes in the Mario Ramos trial. As I walked in Ramos' defense attorneys had just called him to the stand.

Ramos used toy cars to re-enact what was happening. I'm told by court officials Ramos and his attorney's even got physical to show a struggle between Ramos and Juan Ortegon.

This morning, I'm back in court and have been listening to every word of Ramos as he's questioned by Assistant District attorney Kyle Lasley.

I'd like to point out that there seems to be allergies or a cold going around this particular court, as Ramos is constantly seen wiping his nose.

Back to the testimony, Lasley is in the process of making Ramos go step by step into what happened the night of August 16, 2008.

Ramos said he heard cars honking and that's when he notices the white Monte Carlo driven by Ortegon weaving in and out of traffic. Ramos testified it was getting dark outside and Ortegon didn't have his headlights on. Ramos said he tried to pull over Ortegon in what would have been a typical traffic stop. He said Ortegon fled from him and kept weaving in and out of traffic. Ramos testified Ortegon struck his vehicle sending them both out of control. Ramos said Ortegon then tried to run him over. Ramos said he jumped back into his patrol car and Ortegon fled again. He said the impact caused his police radio to fly to the floor and he couldn't safely get it, so he couldn't call for help. Ramos testified he didn't call for help until one of the other times Ramos had stopped.

"Have you ever heard of officers being called off a pursuit because the danger to the public is greater in that pursuit than the speeder?" asked Asst. District Attorney Kyle Lasley.

"Yes sir I have," answered Ramos.

"Have you ever heard of a procedure where they throw spikes to slow the vehicle down?" asked Lasley.

"Yes," answered Ramos.

"Why couldn't you just call for help," asked Lasley.

"It was split seconds," answered Ramos.

Ramos testified Ortegon did stop. Ramos said he yelled out him to turn off the car and throw the keys out of the window. Ramos said Ortegon fled again. He said around Lee Elder and Montwood Ortegon's car seemed to be smoking. He said he kept a good distance away.

"I was honking so cars would get out of the way," said Ramos.

Ramos said he and Ortegon we driving on the wrong side of the road. Ramos then said Ortegon's vehicle came to a stop and Ortegon began running. Ramos said he caught up with him and was able to put a handcuff on Ortegon's right wrist as Ortegon put his hands up and kneeled down, but then he said Ortegon ran off again.

Lasley countered those claims, asking Ramos about his physical capabilities. Ramos said he is involved in kickboxing, jujitsu and MMA, but said all of that is in a controlled environment.

Ramos said he once again caught up with Ortegon, even ripping his shirt off.

"He got me in a headlock and saw him reaching for something," said Ramos. "I feared for my life and that's when I shot him."

"Why did you get out with your gun?" asked Lasley.

"I was in fear he might run out with a gun or a weapon," said Ramos. "I didn't know why he was reaching down his pants."

Ramos was then questioned by Lasley in the moments following the shooting.

"When I patted him down, I didn't find any weapons," said Ramos.

Ramos said Ortegon had already shown abrasive behavior by trying to run him over and using his vehicle as a weapon, which he said is a deadly weapon.

After lunch, questioning resumed, but quickly the jury was asked to step out.

The prosecution then played a recording of what they say is the radio conversation between Ramos and dispatch that night.

Ramos can be heard saying the tire is going 80 mph and gives the direction of travel, while asking for back-up.
There was a lot of static in the recording so it is very hard to hear.
Ramos gives the direction of travel. Lasley asked Ramos if it's realistic that a car smoking as he had testified could go 80 mph. Ramos said he knew it was going at a high rate of speed.

In the recording, Ramos is heard saying he was just hit by Ortegon again. Ramos testified he meant to say he had been hit, but that everything was just moving so fast.

Lasley then asked Ramos about events that happened around Lee Trevino with Ortegon allegedly striking his car.
According to Lasley, Ramos wrote different block numbers on his initial incident report than where it really happened.
Ramos said he has trouble with blocks, but knew the landmarks.

"You're really after the fact trying to cover up what you did to Mr. Ortegon," said Lasley.

"No sir, what happened on Lee Trevino did happen," answered Ramos.

Ramos was then taken off the stand.

The defense then called two El Paso police officers to the stand. The two were partners on Dec. 26, 2010. The two testified they say Ortegon walk into a store and carry out something that appeared heavy. The two testified Ortegon wasn't walking with a limp and wasn't using a cane. As I mentioned, Ortegon has been walking around the courthouse the last few days with a cane and limp, he testified was caused by the shooting.

A potential expert, a Texas Ranger Captain from the Texas Department of Public Safety, was then questioned by the defense while the jury was not in the room. The defense gets to question the captain, since he's being labeled an expert.

Mr. Grigsby, as he was referred to, said he does accident reconstruction. Using the toy cars and a white board (road drawn on it), he showed the defense what he looked at while at the scene.

Grigsby said there had to be some kind of contact between the cars looking at the damage. Grigsby said they found debris and impact marks in front of Hanks High School.

Testimony continues Thursday in the 120th district court with Judge Maria Salas-Mendoza presiding.