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Bogart Murder Trial Day 3: Bogart may have planted knife

By Ashlie Rodriguez, Reporter / Anchor, Ashlie.Rodriguez@kvia.com
Published On: Dec 24 2013 06:48:01 PM CST
Updated On: Dec 11 2013 10:40:40 PM CST
LAS CRUCES, N.M. -

ABC-7's New Mexico Mobile Newsroom is uncovering new details in the murder trial of James Bogart.

In court on Wednesday, ABC-7 learned Hernandez was shot twice, in the shoulder and lower abdomen. And although Bogart is claiming self defense, it's come to light that he may have planted a knife near Hernandez's body.

He's accused of shooting and killing Iraq war veteran, Jeremy Hernandez, back in 2008. Bogart was staying at Hernandez's home at the time and claims he shot the man in self-defense.

During the trial Tuesday, ABC-7 learned Hernandez's wife , who reportedly witnessed the shooting, is not testifying, possibly because she wasn't subpoenaed on time.

Detective Raul Ortiz told the jury, he suspects a knife near Hernandez' body was planted by James Bogart, who remained expressionless during the trial.

Bogart claims he was acting in self-defense when he shot and killed Hernandez.
But the detective said the knife by Hernandez has Bogart's fingerprints
Defense Attorney Jeff Lahann questioned Ortiz about the night before the shooting:

Lahann: "At the time Bogart fired the gun, Jeremy was coming at him with a knife. Is that correct?"


Raul Ortiz: "Yes"

Lahann: "Mr. Bogart told the grand jury that at the that pivotal moment, that Jeremy is standing in the doorway with the knife saying, 'You go first.'"

Ortiz: "Yes"

Lahann: "Mr. Bogart told the grand jury that he thought Jeremy was going to kill him."

Ortiz: "Yes"

Bogart has also told the jury he believed Hernandez was suffering from post traumatic stress syndrome, and was often verbally abusive to his wife and to Bogart.

The pathologist also said although he found traces of cocaine and hydrocodone in Hernandez system, there's no evidence the narcotics affected his behavior before the shooting. 

Day four of the trial continues Thursday.

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