Aged Officer Kills Mexican in a Pistol Duel

Douglas Daily International
Wednesday July 5, 1916
Page 2

Ross Sparks [sic] Exonerated by Coroner's Jury for Killing Jose Mendez

Dying Prisoner Begs for Gun in Order That He May 'Kill More Gringoes'

Although young and active, Jose Mendez was killed by Special Officer Ross Brooks, aged 77, when the two men engaged in a pistol duel yesterday morning about 3 o'clock at Mendez's home, 707 Second street, when Mendez was trying to escape arrest. According to testimony adduced at the inquest held before Coroner R. S. Maclay this morning at the Ferguson Mortuary, the Mexican opened fire on Brooks, who was forced to respond to save his life. He was exonerated by the coroner's jury after they had spent over an hour listening to the testimony, the verdict being justifiable homicide.

The warrant for Mendez's arrest was issued Monday by Justice Maclay and was sworn to by his own sister. She charged that he had threatened her life on several occasions, and was responsible for the death of her child. An officer went to the house Monday afternoon to serve the warrant but Mendez's wife said he was not there and ordered the officer not to enter the house, flourishing a knife at him. That night Officer Brooks went to the house at dark and watched it. About 2 o'clock in the morning he saw Mendez enter. He then telephoned for another officer to assist him, George C. Gray responding to the call.

According to Brooks' testimony at the inquest this morning, the two officers knocked on the door and demanded admission, without getting a response. After about 20 minutes of this Mrs. Mendez began to abuse them through the closed door and before long Mendez himself joined in. He rose and paced the floor, carrying a .45 Colts revolver in his hand. The two officers could see him through the window.

The Killing.

Gray got in an automobile and started after more officers, fearing there was going to be trouble. When Mendez heard the auto leave he started from the front door, but ducked back inside when he saw Brooks on guard. He then ran to the kitchen door while Brooks did the same thing, going around the house. Brooks arrived just as Mendez emerged from the door and began shooting at him. He says Mendez fired two shots before he had time to reply. He then fired three times, the first shot staggered Mendez, the second brought him to his knees and the third to the ground. The wounded man then fired twice more at the officer.

The men were about six feet apart when firing began and about 20 when it ceased. Mendez managed to get a block away toward the border after he was shot and fell on the door step of Juan Valdez. He defied Night Sergeant G. Mervyn Moore and other officers who had arrived, begging them for a gun, saying he was braver than any of them and would kill some more gringoes.

Many Witnesses.

Many witnesses were examined this morning, including Gavina Estrada Mendez, wife of the dead man. She stated her husband's gun was not loaded when he left the house and that he didn't shoot until after he was shot down. Her testimony, however, was contradicted by other witnesses, many of whom heard the shots and stated the first two were from a large gun, evidently Mendez's .45 Colts, followed by reports from a smaller gun, evidently Brooks' .38 calibre revolver. About 9 shots in all were fired.

Elena Mendez Perez, sister of the dead man, told of swearing out the warrant against him. Others who testified were Luke Short, mounted customs inspector, who was called to the scene by the shots, Mariano Mendez, a brother, Mike Kisisky, H. B. Pool, William Lanigan, Steve Smith, and all the police officers concerned. Dr. C. H. Lund told of the wounds that caused Mendez's death, all three shots having taken effect.

Mendez was about 24 years old and was originally from Magdalena, Sonora. He had been in this country about five years. Recently he had serious trouble with a peace officer at Pearce. People who knew him say he was a dangerous character. He was a former Carranza soldier, according to officers, and Mexican soldiers were frequently at his house, neighbors say. He was buried yesterday afternoon.

The members of the coroner's jury were E. M. Davis, R. W. Welch, F. Richardson, J. W. Austin and W. D. Maddux.