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# Testimony in question ON THE STAND: Mother’s credibility is challenged by prosecution
- URL: https://www.smdp.com/testimony-in-question-on-the-stand-mothers-credibility-is-challenged-by-prosecution/
- Published: 2007-01-12T16:00:00.000Z
- Updated: 2026-10-23T23:45:03.000Z
- Author: Kevin Herrera
- Tags: Crime, Santa Monica Airport, #archive-import

*Mother says she made mistakes, but is telling the truth about her son*

AIRPORT COURTHOUSE — The mother of a 21-year-old Santa Monica man on trial for the attempted murder of two undercover police officers testified Thursday that her son could not have committed the crime because he was at home when the attack took place.

Josephine Lopez said her son, Michael German Espindola, rushed into her bedroom just seconds after she heard gunshots outside the apartment they share on 17th Street — the scene of the crime. Lopez said her front door was most likely locked, and since the key was missing, there was no way her son could have gained access unless he was already in the apartment at the time shots were fired at the officers.

“I love my son,but if he did it,then he would have to pay the cost — pay the price,” Lopez said as she looked at Espindola, who was seated next to his attorney a few feet away from the witness stand.“But I know he didn’t do it... I wouldn’t be hiding him.”

Espindola has plead not guilty to two counts of attempted murder, two counts of assault with a firearm, one count of shooting at an occupied vehicle and one count of unlawful firearm activity in the Feb. 2 shooting. during which one police officer was shot through the wrist.

In addition, prosecutors claim Espindola committed the crimes to further the activities of a criminal street gang.

Espindola has been held on $2.4 million bail and could face life in prison if convicted, according to the Los Angeles County District Attorney’s Office.

The shooting occurred about 5 a.m. near the corner of 17th Street and Pico Boulevard on Feb. 2.

Officer Walter Ramirez, who had been on the police force for just over three years at the time of the shooting, was driving an unmarked police vehicle with his partner when they slowly rolled up on a dark blue van that they had been ordered to follow after it was seen minutes earlier parked suspiciously at a nearby Ralph’s supermarket, police said. The two officers, who were not in uniform, were assigned to burglary suppression.

As they drove past the van, which was then parked near Lopez’ apartment, a Latino man came around it and fired at least three shots at the officers, one of them striking Ramirez in the right wrist, causing a “through and through” wound, police said.

The bullet just missed Ramirez’ partner, who ducked when he heard the bullets fly, said Deputy District Attorney Frank Tavelman.

The two officers did not return fire. Instead, they drove quickly from the scene, radioed for help and parked at a nearby restaurant parking lot to wait for an ambulance.

Officers responding to a call of shots fired, surrounded the van and arrested Espindola’s stepfather, who was in the driver’s seat when they arrived. A SWAT team was sent to Espindola’s apartment. A few hours later, at around 6:15 a.m., officers were able to negotiate the surrender of Espindola and his cousin, who was staying with the family.

The defense claims that Espindola was in the family’s modest, two-bedroom apartment downloading music and watching racy videos on his computer when the officers were attacked, and that it was actually his cousin who was responsible for the crime. The cousin had been living with Espindola’s family off and on and came running into the apartment with Espindola’s step-dad just minutes after the shooting, Lopez said.

A gun that was linked to the attack through ballistics was recovered above a stove in the apartment, however, Espindola’s prints were not found on the gun nor was his DNA, said defense attorney David Diamond.

Instead, investigators found DNA belonging to his cousin, meaning he should be the one on trial, Diamond said Monday during his opening statement to jurors.

Diamond portrayed his client as a former “SM17” gang member who dropped out after cooperating with police in an investigation into a double homicide at the Moose Lodge in Sunset Park.

“He didn’t have anything to do with hanging out there (on the streets),” Lopez said. “He was working, going to school (at SMC). He was trying to change his life. He was growing mature, learning to do things on his own.”

Lopez said she was awakened by gunshots on the morning of the shooting and immediately fell to the floor, covering her 12-year-old son.

“I was scared. I was afraid that the bullets could come through my wall,” Lopez said.

Seconds later, Espindola came into her bedroom to comfort the two, Lopez added.

The prosecution, which wrapped up its case Thursday, said despite the lack of physical evidence and the testimony of Lopez, Espindola is the shooter. He has been identified by one of the officers targeted as pulling the trigger. Another officer testified earlier this week that he saw Espindola riding with his step-dad in the blue van just minutes before the shooting.

Tavelman called a fingerprinting expert who testified to the rarity of finding fingerprints on a weapon, despite what people may think from watching television.

“She said it’s basically 5 percent of the time,” Tavelman said.

During his cross examination of Lopez, Tavelman challenged her credibility and her recollection of the events immediately following the shooting, pointing out inconsistencies in her testimony when compared to earlier statements made to police.

Tavelman introduced Lopez’ criminal record, which included a misdemeanor conviction for stealing Disney videos in the mid 1990s and a 2002 felony conviction for preventing a witness from testifying.

Lopez said the witness was her half-sister and that the issue was not as serious as the charge made it sound.

“It was just, you know, family stuff,” Lopez said. “I went ahead and pleaded guilty.”

As for the shoplifting charge, Lopez said she was desperate and wanted to get the videos for her son. She admitted that stealing was “stupid” and that she was ashamed of it.

Tavelman also pressed Lopez about her youth when she was known in the Pico Neighborhood as “Mosca,” which is Spanish for fly.

Lopez said she did go by the nickname “Mosca” and “grew up in the streets,” but that was a long time ago and she has since tried to lead a regular life and take care of her two sons, who are constantly surrounded by gang violence living in the Pico Neighborhood.

“I don’t believe in lying on anything,” Lopez said.

The defense is expected today to call Espindola’s younger brother, as well as a computer expert to testify that Espindola was working on his computer during the time of the shooting.

*Originally published in the Santa Monica Daily Press print edition on January 12, 2007.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/011207.pdf?ref=smdp.com)