Day 2 of the retrial of the man convicted of shooting Cape Coral Police Officer

Several witnesses took to the stand during day two of the retrial of a man convicted of shooting a Cape Coral Police Officer.

Yousel Rivera was convicted and sentenced to life in prison in 2011 after shooting officer David Wagoner during a traffic stop.

The sentence was overturned after the judge presiding over the trial failed to give instructions to the jury regarding whether Rivera knew he was shooting a Cape Coral Police Officer.

On Wednesday, Rivera’s then-girlfriend, forensic officers, and a K-9 officer’s handler took to the stand to testify about their first-hand experience regarding the shooting.

Sergeant Patrick Taylor had taken to the stand to recount his experience as he was on the scene with Officer Wagoner on the night of the shooting.

“I approached him, and he informed me that he had been shot by the passenger of the vehicle during the traffic stop,” said Sergeant Taylor.

The uniform Officer Wagoner was wearing that night was also shown to jurors.

“There’s a bullet hole right here on the shirt, where that was below the vest. There’s one right here, just off-center in the center of the vest. And then one pyre near the throat area. That was also in the vest,” said Sergeant Taylor.

Other CCPD officers, like Officer Masino, testified about their involvement in tracking down Rivera after the shooting.

Officers at the time found a pile of clothing not far from the scene near a set of trash cans.

“I looked over at the trash because we haven’t checked them. So obviously, we’re looking and then I popped opened the chest. ‘Can I see it from your hands?’ I then saw the hands and then I kicked the trash can over,” said Officer Masino.

If convicted, Rivera faces a possible life sentence.

The Wagoner family declined to comment regarding the outlook of the trial.

Closing arguments are expected to happen on Thursday.