Top Stories Oakland

The 26-year-old man accused of killing East Palo Alto police Officer Richard May testified today that on the afternoon of Jan.7, 2006, May chased him, struck him with a baton and fired the first gunshot.

May — who was responding to the scene of a fight at an East Palo Alto taqueria — chased defendant Alberto Alvarez, and the two briefly scuffled in a driveway on Weeks Street before exchanging gunfire.

Alvarez was the first witness called to the stand by the defense team this morning. Appearing gaunt and speaking softly, he admitted that he was carrying a gun to protect himself while selling drugs in East Palo Alto that day but said he only returned fire at the officer because he feared for his life.

“I first heard the gunshot and then felt the bullet rip through my leg,” Alvarez testified.

Alvarez said he then he pulled a gun with his left hand from his waistband and fired several rounds at the officer. He tried to get away through the back of the driveway on Weeks Street but said he couldn’t because he was hurt.

He then went back toward May and “fired one or two more shots” at the 38-year-old father of three.

Alvarez is charged with first-degree murder with the special circumstance that May was performing his duties as a police officer when killed. If convicted on both counts, Alvarez could face the death penalty.

The murder trial continues today with the prosecution’s cross-examination of Alvarez.