LEE COUNTY, Fla.- The second week of Yousel Rivera's trial is underway. Rivera is accused of shooting Cape Coral Police Officer David Wagoner during a traffic stop back in 2011. Wagoner survived because of his bulletproof vest.
When trial left off last week, Rivera's defense presented witnesses to support its story that Rivera was suffering a seizure and was therefore, not completely aware he was shooting at an officer. Today, the prosecutor got a chance to poke holes in that story.
Dr. Alan Waldman was back on the stand this morning, explaining once again to the jury why he thought Rivera was in what he calls "an altered state of consciousness" when he shot Officer Wagoner three times.
The defense's case is that Rivera was not in control of his own body when that shooting occurred, and was likely still out of control when he took over for his girlfriend in the driver's seat and sped off. But today, state prosecutors got to ask Waldman about apparent moments of clarity for Rivera during that period of time.
Prosecutor: "If he told her...as they were struggling with the steering wheel between the shooting and the crash...he told her to calm down when she was hysterical. Would that be inconsistent with your opinion and theory?"
Dr. Waldman: "That would be inconsistent."
Rivera is charged with First Degree Attempted Murder.