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When former West Valley City detective Shaun Cowley was interviewed by police weeks after he shot and killed Danielle Willard, he appeared nervous. His statements seemed labored, WVC Detective David Greco testified on Monday, and he avoided eye contact.
The interview itself seemed scripted, Greco said Monday during the first day of a preliminary hearing for Cowley, who is charged in 3rd District Court with second-degree felony manslaughter. The interviewer, Greco added, was hired by Cowley's attorney.
"The whole interview, we had issues with," Greco testified Monday in 3rd District Court, the first day of a scheduled three-day hearing. "… From the get-go, we were concerned. There were red flags."
Greco recalled Cowley's version of events for Nov. 2, 2012: that he shot 21-year-old Willard out of fear for his life and the life of his partner, Detective Kevin Salmon.
But Greco pointed out a number of inconsistencies and improbabilities in Cowley's story — including that the trajectories of the two shots fired by Cowely did not support his version of events.
But under cross-examination by defense attorney Lindsay Jarvis, Greco said the entire event took about three seconds, and Jarvis pointed out that Cowley likely only had two seconds to respond.
Greco said events that day began with Cowley and Salmon conducting surveillance on a residence where suspected drug and weapon sales were occurring.
After witnessing what they suspected was a drug deal between Willard and someone coming from the house, the detectives saw Willard park her Subaru Forester at the Lexington Park Apartments parking lot. At some point, the officers decided to "make contact" with her, Greco testified.
"In his interview, [Cowley said] as he's approaching her, he sees her put a black substance in her mouth when she sees him," Greco testified, adding that Cowley then pulled out his gun.
Greco said Cowley said during his interview that the show of force was a safety measure.
"At the time she put the substance in her mouth, then it became a lifesaving effort," Greco recalled Cowley saying, adding that this explanation didn't make sense to him.
The two detectives then began knocking on Willard's car windows, Greco said, demanding that she spit out what she had put in her mouth and open the door. Cowley then went to get a pry bar to break open her window, Greco said.
As he left to go back to his truck, Cowley said he then heard tires screech and Willard's car reversing toward him.
"When he turned around, it was a split second," Greco recalled from Cowley's interview. "The vehicle was almost on top of him and he was able to draw and fire a round before being struck and falling to the ground."
Greco read directly from Cowley's transcribed interview at one point: "As soon as I saw her coming at me and the way she was turned, my instantaneous [thought] was 'Oh my God, Kevin [Salmon] is under the car and she's coming for me.' And then I'm shooting."
Greco said Salmon never fell to the ground, nor was he injured by Willard's car. Greco also testified that the trajectory of the first bullet fired by Cowley — which struck Willard on the top of the head — did not support Cowley's version of events. The trajectory of Cowley's second shot, which he said was fired as he was falling to the ground, also did not match the ex-detective's version of events.
Cowley also told the investigators that the back corner or the fender of Willard's car struck his right knee, knocking him down.
Greco testified that after the shooting, Cowley was examined by a doctor who said the officer suffered a "bruised knee."
But Salt Lake County District Attorney Sim Gill — who ruled the shooting unjustified and filed the manslaughter charge — has said that the evidence shows Cowley was to the side of Willard's car, and that his life was not in jeopardy.
Gill has also said that detectives who inspected Willard's vehicle after the shooting could not locate any marks or evidence that would indicate Cowley was hit by the car — not even the dirt on the back of Willard's car indicated any disturbances.
Greco said investigators believe that there are two scenarios that explain Cowley's injury: either his knee hit the car next to Willard's, or he tripped and fell.
During Greco's testimony, attorneys asked him several questions about what Willard may have put in her mouth. Cowley said he believed it was drugs, but Greco testified that an open bag of candy was found in Willard's car — and that a small baggie of suspected drugs were found in Willard's car door.
"Detective Cowley would not have known what was going on for sure when he pointed his gun," said prosecutor Langdon Fisher.
Greco was one of two witnesses called to testify on the first day of Cowley's preliminary hearing, which is expected to last three days.
Cowley appeared attentive during Monday's testimony, and did not show any reactions or emotions while listening. Behind him in the gallery, rows of family and supporters wore blue "Team Cowley" T-shirts. Willard's supporters, including her mother, Melissa Kennedy, sat on the other side of the courtroom.
Forensic scientist Michael Haag testified Monday about bullet trajectory in the case. He said he determined that the bullet shot by Cowley would have traveled through the rear left window of Willard's vehicle before striking her head.
During the preliminary hearing, prosecutors present evidence and a judge must decide whether there is probable cause that a crime was committed and that Cowley likely committed the crime. Because it is a lower burden of proof than at trial — where prosecutors must prove a crime beyond a reasonable doubt — defense attorneys rarely call their own witnesses at the preliminary hearing stage.
But Brandy Vega, spokeswoman for Cowley's defense team, said Monday that Cowley's attorneys plan to present a full defense at the preliminary hearing in hopes that Judge L.A. Dever will not order Cowley to stand trial on the charge.
"He's excited to get his side of the story out," Vega said.
Cowley's attorneys have filed with the court a list of 10 people they plan to call, including several West Valley City police employees and Willard's alleged drug dealer. An additional 12 people, including Cowley, were listed as witnesses that the defense team "may call."
Cowley, 33, was fired by West Valley City — but for allegedly mishandling evidence, not for shooting Willard.
If convicted of the manslaughter charge, he faces up to 15 years in prison.
Twitter: @jm_miller