Colorado Bureau of Investigation agent Kevin Torres was the primary focus of questioning Tuesday in the murder trial of former police officer James Ashby, charged with second degree murder in the 2014 death of Jack Jacquez Jr.

Colorado Bureau of Investigation agent Kevin Torres was the primary focus of questioning Tuesday in the murder trial of former police officer James Ashby, charged with second degree murder in the 2014 death of Jack Jacquez Jr.

Torres, whose agency serves solely as an assistance agency, thoroughly described the scene upon arrival on the early morning of Oct. 12, 2014, during questioning from prosecuting attorney William Culver.

Trained in crime scene investigation, Torres' duties included recording video and still frame photographs, marking all evidence and conducting interviews as needed. Notably, Torres collected two shell casings, one found under a kitchen table roughly three to four feet from where Ashby said he fired his weapon in the direction of Jacquez and the other roughly six to seven feet away inside a box near the body of Jacquez. Additionally, Torres collected a skateboard found outside in the grass near a sidewalk leading to the back entry of the home, a draw-string bag, beanie, baseball bat believed to be used by Jacquez during the incident, and a fired bullet that apparently missed Jacquez, traveled through the kitchen door into the dining and living area and hit a threshold near the front entrance of the home.

During cross-examination from defense attorney Carrie Slinkard, Torres also described conducting a walk-through later in the day, Oct. 12, with Viola Jacquez, Jack's mother, who was present at the time of the incident.

A video showing the walk-through with Viola Jacquez was presented to the jury panel, giving initial insight into her recollection of the event, though she has yet to take the stand.

In the video, Viola recalled being awakened by her son, Jack, yelling, "Mom, Mom, open the door!"

"I just seen my son," said Viola, upon entering the kitchen area. "When I opened the door, my son had his skateboard but something was tugging at it. I saw a figure behind him; right on his back end. My son got his board taken away from him; he took a step inside and at the same time got his board taken away."

"Then, all of a sudden, I heard a 'boom, boom' not a second apart," she recalled. "My son fell forward. I tried to convince myself it was a taser. It was red. The person who was in my home said, 'don't touch him' and then he was gone."

Viola then describes rushing to the dining and living room area of the home, having to step over her son's body, which lay in the doorway, saying "I kicked something. I didn't have any shoes on so it hurt. I looked down and noticed it was a bat. I leaned down, grabbed it and flung it onto the bed in my room."

Viola said she then grabbed her cellphone from a charger nearby, then attempted to call her daughter twice, to no avail, and her son in-law once, though she said she was unable to dial the full number before another man entered her home, later identified as Rocky Ford Police Officer Tim Moore.

"He came in, took the phone from me, threw it and said, 'You're not making any phone calls,'" recalled Viola. "He cuffed me and put me on the floor and left."

Viola described the events that followed, saying her son's girlfriend, Mariah Talmich, who also lived in the home, was awakened by the incident. "I knew my son was dying so I told her, 'Go to him. Go to him.'"

Viola said police escorted her and Talmich out the back door, over the body of her son, and placed them on a curb near the home. "When they brought Jack out they were still pumping on his heart and he was put in an ambulance," said Viola.

Slinkard referred to the video extensively during questioning of Torres, primarily pointing out a number of claims made by Viola Jacquez which throughout the course of investigation were proven inconsistent with findings.

Primarily, Slinkard referred to still frames from the walk-through done with Ashby and a still frame from the walk-through done with Viola Jacquez. During his walk-through Ashby described where he stood, which was inside the home near the back entrance, when he fired. Viola, during her walkthrough, said Ashby was outside the home or standing on the threshold when he fired. When compared to trajectory patterns that were conducted by Torres using the bullet that missed Jacquez and was found near the front entrance of the home to determine where the shot was fired, Slinkard pointed out the near identical demonstration Ashby provided detectives compared to the inconsistent demonstration shown by Viola Jacquez. Torres confirmed the inconsistency.

Further, Slinkard referenced Viola Jacquez's recollection of the events, in which Viola provided unclear statements regarding the sequence of events pertaining to whether pepper spray was deployed before or after the shooting, if at all. She also pointed out Viola's claim that the bat was "flung" onto the bed, while evidence and photos show the bat partially covered in the bed in a manner which could mean the bat was tampered with and being hidden.

Lastly, Slinkard pointed to the handling of evidence throughout the course of investigation pertaining to gunshot residue, which is expected to play a role in distance determination, and whether Jacquez presented an immediate threat. According to Slinkard, the shirt and jacket worn by Jacquez at the time of his death were improperly packaged together, rather than separately, and transported to the La Junta Police Department, to the autopsy examination in Colorado Springs, a ballistics screening and back to La Junta.

"If evidence was mishandled at any time while being moved to all of those places, could that possibly have an effect on gunshot residue, meaning whatever the ballistics expert examined to make his determination is flawed?" asked Slinkard, to which Torres responded, "Potentially." When asked, "Throughout the course of your time as an investigator, have you ever known of any evidence to be transported to an autopsy?" Torres responded, "I have never seen it done."

During redirect examination, Culver reiterated a claim made by Viola during the video walk-through where she stated that she did not re-enter the room where the bat was thrown, saying the only other person in her home who attempted to locate the bat following the incident was Ashby. Further, Culver referenced Viola's recollection of the sequence of events, asking Torres if he is aware of any testing that can show whether pepper stray was deployed before or after Jacquez was shot, to which Torres responded, "No."

Near the end of the day, former Otero County Sheriff Ken Kimsey, who collected evidence from the autopsy, took the stand briefly for the sole purpose of confirming the bullet removed from Jacquez's body.

Testimony continues today at the Otero County Courthouse.