Family readies for battle against Fresno Police

FRESNO, Calif.

Bay Area attorney /*Arturo Gonzalez*/ is waiting on information he feels could be very valuable to his case, it's a report from the police auditor. His first witness who will take the stand is the officer who fired the deadly shots. The two week trial is expected to end with testimony from Police Chief Jerry Dyer.

Attorney Arturo Gonzalez is digging for more information. And with each day his curiosity grows about what may be contained in a police auditor's report that has not been produced. "That auditor's report was given to your city manager on April 29th of this year. What is that six months ago, maybe more? It hasn't been disclosed to the public."

What /*Eddie Aubrey*/ documented before he left his job as independent police auditor remains a mystery. Gonzalez says he's getting conflicting information from the city of Fresno and the former auditor. "The city manager submitted a declaration saying well it hasn't been disclosed because it's a draft. Well we got a declaration from the auditor that the court has saying it's not a draft, it's a final and he never told anyone it was a draft so the question is why are they sitting on it all this time."

Tuesday both immediate and extended family members of /*Steven Vargas*/ appeared in court including his wife. Vargas was shot in 2009 when police say he rammed his SUV into another vehicle and was heading down the street the wrong way before he was confronted by Sergeant Palomino. Police officials say it appeared Vargas was reaching down for something when Palomino fired several shots. Monday the judge ruled the jury will be informed of the fact, Vargas did not have a gun in his possession when he was fatally wounded. Gonzalez say he's looking for everyday people to hear the case. "I don't need people with advanced degrees, I just need people who understand common sense."

The judge has also ruled the city and Palomino will be tried together. Gonzalez wants to show what he calls an ongoing problem at the police department. He says officers are never disciplined for shooting, even if it's warranted and investigations into these OIS's go on for years. Opening statements are set to begin Wednesday.

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