Lawyer for El Paso Uber driver murder suspect argues fatal shooting was self-defense

A distraught Phoebe Copas dropped everything she was holding as she got out of the backseat of her Uber car. A brown and silver handgun landed on the pavement of a heavily traveled highway near the U.S.-Mexico border.

Copas, who was from Kentucky, was comforted by her boyfriend. An El Paso police officer administered first aid to El Pasoan Daniel Piedra Garcia, who collapsed in the front seat of his gray Nissan Maxima and suffered a gunshot wound to the right side of his head that was “bleeding profusely.”

Around 2:20 that afternoon, Copas had hired Piedra, a business driver, to take him to Speaking Rock Entertainment Center. Midway through the journey, the Uber ride ended in gunfire and a crash. Garcia was traveling on the highway leading to the casino, but Copas told police he feared he would be smuggled to Mexico.

“(Copas) observed traffic signs that said ‘Juárez, Mexico,’ which led him to believe that (Piedra) was trying to kidnap him and take him to Juárez, Mexico,” El Paso police Det. he said. L. Loera Jr. He wrote the following in his complaint statement.

The murder trial, which has been postponed several times due to Copas’ health, highlights the dangers that ride-sharing drivers and passengers can suddenly face. The trial is scheduled to proceed in December, but another delay is likely to push the murder trial to early 2025.

Copas’ attorney, Matthew James Kozik, spoke with the El Paso Times to discuss the events leading up to the shooting and key evidence against his client. This evidence showed that his 50-year-old client acted in self-defense.

“He didn’t just point the gun and shoot her,” he said. “That’s not what happened. He told her he didn’t want to go to Juárez. He tried to escape for a few minutes. He just wanted to get out of the car. He was afraid for his life.”

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Copas faces one count of murder in connection with Piedra’s death. He faces life imprisonment if convicted.

Piedra’s family could not immediately be reached for comment. His niece, Didi Lopez, told the El Paso Times in 2023 that her uncle was a hard worker who worked as an Uber driver to support his family.

“We want justice,” Lopez said. “It wasn’t fair for the situation to develop the way it did. I wish he had talked, asked questions, not acted on impulse and made a reckless decision, because not only did he ruin our lives, he ruined her life too much.”

But Kozik says a deeper examination of the evidence revealed that the driver had been communicating with Copas, a conversation that increased her fear of being kidnapped.

At the hearing held on June 29, 2023, El Paso County District Attorney’s Office prosecutor Shantal Ortega said there was no evidence in the case to prove Copas was kidnapped.

“Since this is a border city and there may be signs indicating that some of the entrance gates are miles away, it’s implausible that he hasn’t come across something like this before because he’s in a border city he’s been to before,” Ortega said. defended.

El Paso District Attorney Bill Hicks refused to discuss evidence in the case and said it would be a “violation of professional conduct” to talk about it weeks before it went to trial.

Hicks spoke generally about Copas’ claim that he acted in self-defense.

“(The kidnapping) was his claim from the very beginning,” he said. “She called Uber, the route she took, what happened (that afternoon) does not lead a reasonable person to believe they were abducted.”

Hicks said Copas’ actions were “very unreasonable.”

“El Paso is a safe community,” he said. “And for someone to react the way he did, I think it underscores a misperception that El Paso is dangerous.

“That’s why it’s so important that we stand up, not just for this Uber driver, not just for this family, but for our community to tell El Paso, the state, and our country that El Paso is a safe community and behavior. Any other way of reacting is unacceptable.” “

Copas claims Piedra said he would take him to the Juárez fair

On the way to the casino, Copas claims Piedra told him he was taking him to a fair in Juárez. Kozik said he did not want to go to the fair, but Piedra accelerated and ignored his request to get out of the car.

“He asked her to stop the vehicle. He tried to open the doors, but the doors were locked,” Kozik said. “He tried to do everything everyone expected him to do before the escalation occurred. He didn’t and ended up pulling out the gun and begging her to pull over.”

“He turned around and said, ‘I’ll take you. We’re going to Juárez.'” and accelerated the car.”

The criminal complaint does not mention Copas’ statement that he took Piedra to Juárez. This only includes Copas telling officers he saw a traffic sign that said “Juárez, Mexico.”

However, Zozik argues that the affidavit is not true.

“To say that he saw Ciudad Juárez and that’s why he killed him is literally a figment of law enforcement’s imagination,” Kozik said.

A review of police body cameras and questioning of Copas showed that he never mentioned the road signs to the first officer at the scene or during his conversation with officers. Kozik said the co-pilot told another officer about the road signs; From there the story spread among officers and was included in the affidavit.

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“He never mentioned seeing signs of Juárez,” Kozik said. “He never says he saw any signs of Juárez and then shot him. When asked during his interview if he saw signs of Juárez, he says yes, but he also says he saw signs that said Fort Bliss.”

“I think a 100% accurate statement would be that Ms. Copas said she saw no sign of Juárez, so she believed he had been kidnapped. It appears that law enforcement stated this at the scene.”

Video footage from the day of the shooting shows Copas sitting in the back of a patrol unit, crying, praying and asking officers if Piedra was dead.

“He gets in the back of the vehicle and says, ‘Oh my God. I’m sorry. Oh my God. Oh my God. Oh my God. Oh my God. My God. Sir, is he dead?'” Kozik said. “he says. “He keeps asking if she’s dead. Is this a racist attack? Judging by his reaction and all the evidence in the case, it doesn’t seem like it.”

More: Uber driver dead after shot on US 54; woman now charged with murder

Copas allegedly took a photo of Piedra after she was shot and texted it to her boyfriend before calling 911. Kozik said Copas took the photo because she called her boyfriend for help and thought he was joking.

Razor, crowbar and the unusual route to Speaking Rock

Kozik said police found a razor blade and a crowbar near Piedra, lending credibility to Copas’ fear of being kidnapped.

“I can’t speak for everyone, but no one I know carries a razor on or near their steering wheel,” Kozik said. “I have neither heard of nor know the person who did this. The razor and crowbar that Piedras also found are weapons. These are weapons that can be used to commit a crime. These are not accusations. These items were found in the car.”

“The highway traveled on (Copas) is a normal route to the destination requested by (Copas),” the affidavit states.

Kozik disputed Uber driver data that showed Piedra took an unusual route to get to Speaking Rock, including driving through neighborhoods where a normal person wouldn’t go to a casino.

“All of this indicates that this was not a normal Uber ride,” Kozik said.

Crimes against carpooling drivers are on the rise

The number of crimes committed against drivers by Uber, Lyft, DoorDash and other ride-sharing companies continues to rise, according to statistics from Gig Workers Rising, an advocacy group created to support app-based workers like Uber drivers.

The organization reported that at least 50 rideshare drivers were killed between 2017 and 2021. The organization’s 2023 report, “Killed Behind the Wheel: A Growing Crisis for App Drivers.” The incident included verbal abuse, harassment, physical assault, carjacking and other acts of violence. Most of the drivers attacked were minorities.

Uber reported 36 deaths involving drivers in 2021-2022. The report states that 61 percent of those who died were drivers using the Uber application, and 39 percent were passengers. Uber reports that nearly half of the deaths reported to Uber were committed by someone other than the driver or passenger.

Murder trial could start in December

Copas’ trial date was postponed several times. Kozik said that Copas was to appear at the hearing on Monday, November 18, but it was postponed to Monday, December 9. The final pretrial hearing will be held on December 3.

The hearing will be held in the 120th District Court at the Enrique Moreno County Courthouse in Downtown El Paso. Judge Maria Salas-Mendoza will preside over the hearing.

The Dec. 9 trial date depends on several factors, including Copas’ health and Kozik’s pending delivery of more evidence by the El Paso District Attorney’s Office.

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Copas is suffering serious health conditionsThey included heart failure, kidney complications and repeated bouts of unconsciousness due to medical complications, Kozik said. Copas was found unconscious about two weeks ago, Kozik said.

Copas was released and lives in Kentucky. He is waiting for the doctor’s approval to go to El Paso for the hearing. It is stated that the hearing may be postponed to the beginning of 2025 if the doctor does not allow him to travel.

Kozik is also still waiting for the district attorney’s office to turn over key evidence, including text messages sent between officers discussing the case and a chance to examine Piedra’s car, along with the crowbar and razor found inside.

Hicks said his office made every effort to ensure Kozik had access to all evidence for review at the district attorney’s office or the El Paso Police Department.

Hicks said he was confident the trial would begin on Dec. 9.

“The judge did not waive his presence, so he needs to be present in both the final preliminary hearing and jury trial setting,” Hicks said. “We are very confident in our case. We are ready to go to trial. We look forward to seeing this case concluded for the sake of the victims of the case and for our community. We are confident that the jury will eventually return with a verdict.” guilty verdict.”

Aaron Martinez can be reached at [email protected] or on Twitter @AMartinezEPT.

This article first appeared in the El Paso Times: Lawyer: Evidence shows shooting of El Paso Uber driver was self-defense