The last time Jimmy Maspero saw his 1-year-old son Wesley was as the child was being wheeled from the emergency room at University Hospital.
“A tear came down his cheek and he didn’t move nor respond,” Maspero said as he testified Wednesday in the murder trial of David Rodriguez.
According to prosecutors, Rodriguez, 31, was fleeing from police after he was spotted leaving a South Side drug house with 400 pounds of marijuana in his SUV on Sept. 19, 2012.
He was going north in the southbound lane of the I-35 access road bear Shepherd Road in South Bexar County when he crashed head-on into Maspero’s station wagon.
Maspero’s son Wesley, 1, and Walter, 3, (pictured below) were killed. Maspero, his wife and two other children were injured but survived.
Masperso said he remembered little of the accident.
"I remember the black grill guard of the, I guess, dark green or black truck, approaching in the wrong lane," he said.
Rodriguez is on trial in the death of Wesley Maspero and murder charges are pending in the death of Walter Maspero. He is also facing federal drug charges.
His lawyer claims that police -- not Rodriguez -- are responsible for the deaths.
During opening arguments Tuesday, Defense Attorney Ted Wood said that the officers who were chasing Rodriguez put making a drug arrest ahead of public safety.
If Rodriguez is convicted, he faces a maximum sentence of life in prison.
Testimony will continue on Thursday in Judge Sid Harle’s 226th District Court.