SALT LAKE CITY — Did former West Valley police detective Shaun Cowley have enough probable cause to draw his weapon when he approached Danielle Willard's vehicle, just a minute or two before she was fatally shot?

That was a big point of contention during the first day of Cowley's scheduled three-day preliminary hearing in 3rd District Court Monday. The former detective is charged with manslaughter in the November 2012 shooting death of Willard, 21, during a botched undercover drug operation.

WVC detective testifies to Cowley's 'odd' behavior

Taking the witness stand for the state for the majority of the day was West Valley police detective David Greco, who assisted with the department's investigation into the shooting.

Greco testified that Cowley said he drew his weapon on Willard as part of a "lifesaving effort" after he saw her put a black substance into her mouth — an explanation Greco said he found odd.

"When she's placing this substance in her mouth, he immediately went to (the) gun and ordered her to spit it out," Greco testified.

He said Cowley further testified in December of 2012 that Willard "was just kind of staring at him with a blank look on her face."

But during cross examination, defense attorney Lindsay Jarvis noted that Cowley actually tried to first talk Willard out of the car, telling her, "Open the door, we'll work it out."

The testimony discussed in court came from a deposition taken about six weeks after the shooting. Greco was present when Cowley was questioned about what happened that day. The interview was conducted by former West Valley police detective Bruce Champagne at the request of the Cowley's defense team. Both Cowley and his partner Kevin Salmon — who was also involved in the shooting but not charged — voluntarily agreed to the interview, though they had not agreed to be interviewed yet by the Salt Lake County District Attorney's Office.

At that time, there was another West Valley police shooting that was declared legally unjustified by Sim Gill, creating trust issues among some members of the department.

Greco testified Monday that the interview seemed odd.

"From the very get-go we were concerned. There were red flags," he said.

Greco said Cowley's interview seemed "scripted," and even though "he appeared nervous, which is normal," Cowley's body language was not scripted.

"He avoided eye contact with us," he said.

Cross examination: red flags and violations

During cross examination, Jarvis grilled Greco about what the red flags were and why he didn't raise any of his concerns at the time of the interview.

"We didn't want to push the interview," Greco replied.

One of the main points of contention during Greco's time on the stand was whether Cowley had reason to draw his weapon when he approached Willard's vehicle. Greco said it was not a felony traffic stop and Cowley failed to follow proper West Valley police protocol on a number of occasions that day, including failing to call for backup officers dressed in regular uniforms to handle the traffic stop on Willard, or at least box her in first with another vehicle.

Jarvis, however, pointed out that narcotics officers performed these types of drug stops everyday. She was also quick to note that other officers violated department procedures themselves that day when Cowley's car was improperly removed from the crime scene before it was correctly processed and secured, and later returned to the apartment complex parking lot after police realized their mistake.

During her cross-examination, Jarvis pointed out that Cowley and Salmon had been investigating a suspected drug house where drugs, weapons and counterfeit money were believed to be traded by white supremacist gang members, giving them reason to be cautious. Furthermore, several felonies were committed, including the suspected possession of heroin.

Cowley's defense team eventually had Salmon's testimony from that day admitted as evidence despite the objection of prosecutors.

Greco testified that the evidence collected by the accident reconstruction team did not match Cowley's version of the events. Cowley claimed his second shot was fired as he was falling, Greco said. But the trajectory of his shot didn't show that.

The state's second witness of the day was Michael Haag, a forensic scientist who specializes in firearms reconstruction. Haag used 3D computer generation graphics to illustrate that the trajectory of Cowley's two shots came from the driver's side of Willard's car and not the rear.

The defense is expected to launch into their lengthy cross-examination Tuesday morning, but Jarvis noted during earlier cross examination that Cowley had just two seconds to react to a situation — the car backing out — that lasted only three seconds.

Related:

Shaun Cowley's defense puts focus on shooting victim

On the eve of former West Valley police detective Shaun Cowley's preliminary hearing for manslaughter, his attorneys say Danielle Willard's alleged drug dealer needs immunity to testify of her "dangerous state of mind" before she was shot.

During preliminary hearings, prosecutors try to present enough evidence to convince a judge that there is probable cause to believe the crimes occurred and were committed by the defendant. It's a low burden of proof and in most preliminary hearings, judges ultimately order the defendants to stand trial on their charges. But Cowley's attorneys appear to be putting on a full press defense hoping to ensure it doesn't get past the preliminary hearing phase.

"Unlike most preliminary trials, we plan to defend Mr. Cowley vigorously during this process to prove that he was, in fact, justified during this shooting. We anticipate that once this preliminary trial and the information we have to present gets out there, that it will not bind over," Brandy Vega, spokeswoman for the Cowley defense team, said outside the courtroom Monday. "We are confident that once the facts of this case get out, he will be vindicated."

The courtroom was split on both sides of the aisle with supporters for Cowley and friends and family members of Willard, including Melissa Kennedy, Willard's mother from Washington, who sat in the front row.

Cowley, wearing a blue dress shirt, sat attentively as he listened to Greco's testimony. Most of his supporters also wore blue, many wearing blue T-shirts with the words "Team Cowley" written on the back. Salmon was also in the courtroom, sitting on Cowley's side of the aisle. He is not expected to testify during the preliminary hearing.

Last year, Salt Lake County District Attorney Sim Gill determined the shooting was not legally justified. He said a panel of experts helped him decide that Cowley's fatal shot was fired from the side of Willard's vehicle, not from behind, so he was not in danger of being run over and his life was not at imminent risk when he fired. The criminal charge was filed because of the "reckless" nature that Cowley acted, Gill said.

Contributing: Sandra Yi

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