BERNALILLO, N.M. (KRQE) - Levi Chavez' alibi took center stage Tuesday on the first full day of defense witnesses.
The former Albuquerque cops, former partner, Officer Russell Perea was forced to take the stand to testify about what he and Levi were doing the night Tera Chavez died.
It was clear Perea did not want to be there and he even said as much.
"You're only here because Judge Eichwald ordered that you come here to testify right," Defense Attorney David Serna asked to which Perea responded, "yes."
Perea said he and Levi only worked together a couple of times in October 2007 including the Saturday even that Tera may have died.
"If Mr. Chavez would have left then I would have been without a car," Perea said.
He told the jury that he was with Levi through the entirety of their shift that ended at midnight.
However, he also said there was a span of time that Saturday night where he could not remember what he and Levi were doing.
"I have no idea where we were for that four hours, I don't remember," said Perea.
In 2011 Perea was fied from APD for making inconsistent statements about the night Chavez is accused of shooting his wife Tera with his department issued gun.
Perea appealed that decision to the city's personell board and won, but the city is now appealing that in District Court, which is why Perea claims he needed immunity in exchange for his testimony Tuesday.
Prosecutors used that to hammer away at his credibility.
"It would not be a good thing for you in your attempt to get your job back to come in and admit that you had lied previously," Lead Prosecutor Bryan McKay asked, Perea responded, "I never lied."
During his cross-examination McKay also asked Perea if he knew where Levi was after their shift ended, he said he did not.
After Perea stepped down, The Defense called Lt. Gabriel Mares to the stand.
Mares was Levi's supervisor back in 2007 he said Chavez was courteous and respectful.
"He was always on time, he was prompt with his police reports," Mares said.
Wednesday the Defense plans to call Larry McCann, a 'nationally recognized' crime scene analyst.
Serna told the Judge he expects McCann's testimony to last until early afternoon Wednesday.
There is no trial scheduled for Thursday or Friday due to the holiday and there will also be no court on Monday.
It is expected the defense may rest its case by mid week.
News 13 asked Serna if he thought he needed to put Chavez on the stand, he said no.
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