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Local News

August 19, 2008

PAPD, Olive testify in Bush trial

BEAUMONT — Three Port Arthur police officers and the owner of a used car lot were called to the witness stand during the first day of testimony in the trial of a man with a bullet lodged in his forehead.

Prosecutors believe Joshua Bush was involved in the July 2006 robbery at Olive Used Cars, 3001 Gulfway Drive. Several people were arrested at the scene of the robbery and later, as Allen Olive was checking the grounds, an unknown man shot at Olive, 28.

Olive, a competitive marksman, fired back. Prosecutors believe one of the bullets struck Bush in the forehead. The defense contends Bush was accidentally shot by a friend.

Bush is on trial for aggravated robbery and retaliation against a witness.

Prosecutor Ramon Rodriguez, in his opening statement, told the jury they will hear testimony regarding X-rays taken of Bush that shows the bullet is the same size as the projectile used by Olive and how this doesn’t match up with the “alternative theory” of the accidental shooting.

Defense attorney Langston Adams said there is absolutely no proof that Bush possessed a firearm and that he shot at Olive. Adams continued that the evidence to be presented by the prosecution is very questionable and doubtful that a shooting ever took place.

PAPD officers Regan Sweat, Mathew Bulls and John May were on the graveyard shift when the robbery occurred.

Bulls told the jury how he parked his vehicle at a nearby bar to not alert any suspects and walked to the scene. While there, he saw two males — one on foot and another on a bicycle — and several people inside a vehicle ramming it against a chain-link fence.

Sweat and Bulls detained several subjects and during a subsequent search found keys, a remote key and a detachable faceplate from a stereo system, the two men said.

Not long after police apprehended the suspects, they received a call of a shooting at Port Arthur Inn, which is about eight blocks from Olive Used Cars. While at that scene, Bulls and Sweat said they heard about four gunshots coming from the car lot area.

Rodriguez asked the officers if hearing shots fired was typical for the city of Port Arthur to which both men said “yes” during separate testimony.

The shots reportedly came from an altercation between Bush and Olive, the prosecution contends.

A visibly shaken Olive took the stand and told of the July 21, 2006, incident in which he said he was fired upon and returned fire.

After officers left the scene, Olive began picking up keys and petty cash that were scattered about the business. Olive was licensed to carry a concealed handgun and was carrying a 9-mm Glock and a second firearm.

As he approached a darkened section of the yard, Olive said he heard a male voice using profanity tell him, “Hey bitch, you didn’t see me.” Olive said he yelled back, “OK, I didn’t see you.” Olive testified that he was able to see enough of the person to note that the individual was a male wearing a T-short and baggy pants.

A second voice said, “Come on, let’s go, let’s get out of here,” Olive said. Then the second person left the scene.

According to Olive, the first person who spoke then said, “Now you now I’m for real, bitch.” Olive said he fired at him.

Olive’s voice broke as he described how he ran and crouched behind a junk car and how a bullet moved past his head.

Olive was convicted of felony possession of a controlled substance out of Orange County and can no longer legally possess a firearm.

Adams quizzed Olive on the rights of a person with a concealed handgun license and explained that a person with a license cannot use a firearm to protect his property, implying Olive might have taken the law into his own hands.

“You can’t use it to protect property, if you see someone roaming around,” Adams said. “Maybe the person didn’t shoot at you. Maybe you were doing all the shooting.”

Trial will continue at 9 a.m. Wednesday in Judge John Stevens courtroom.

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