PONTIAC, Mich. - Christopher Hernandez-Montiel said he was supposed to be paid $200 dollars to drive his three co-defendants to David Zacks' house.
The Bloomfield Hills lawyer was shot through his front door. The witness testified -- in handcuffs -- that defendant Cassandra Chobod had been in Zacks' home before.
"She knew where the safes were and she had the combinations. She said he wasn't supposed to be home," said Hernandez-Montiel.
According to police reports, Chobod was a dancer at an adult club where she first met Zacks. Hernandez-Montiel said when his group realized Zacks was home they changed their plan and drove to Detroit to pick up a gun.
Defendant Devon Miller allegedly hid the gun under the hood of the car. Hernandez-Montiel said he drove back to the house. A few minutes later he heard shots. The other three ran back to the car where he was waiting and told him to drive away.
"Things were getting thrown out (of the car)," he testified.
Police recovered at the crime scene a pair of gloves which Miller allegedly purchased earlier that night. Hernandez-Montiel said Miller admitted shooting into the door. He also testified that Chobod and defendant Henry Williams wore cloth over their faces when they first approached Zacks' house.
David Zacks' son said was in his basement bedroom when he heard the shots and found his father on the floor.
"He was shot three times in his abdomen region," said Jeremy Zacks. "I looked down at my dad and I said, 'What happened?' He said, 'I've been shot. An African American shot me through the front door.'"
His stepmother, Rebecca Zacks, called 911.
Caller: Somebody was at the front door knocking, saying it was the police. And now they shot my husband through the door."
Hernandez-Montiel faced extensive cross-examination by three defense lawyers. Attorney Mitchell Ribitwer accused him of minimizing his role in the crime. Hernandez-Montiel also pointed out he never got his $200 because the robbery was botched. He only got $20 for gas.
Judge Kimberly Small ordered all defendants to stand trial. Meanwhile, Zacks is recovering from his injuries.
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