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Emotional preliminary hearing for Eric Abril reveals new details in 2023 Roseville park shootout

2023 Roseville park shooting suspect appears in court
2023 Roseville park shooting suspect appears in court 02:33

ROSEVILLE – The preliminary hearing began Monday for Eric Abril, the man at the center of the 2023 Mahany Park shootout in Roseville.

It was an emotional day in court for many who lived through the shootout and Abril's later escape.

Patty MacEgan, who Abril took hostage after her husband Jim was killed, sat with family in court Monday as detectives recounted what led up the worst moments of her life.

Then we listened to her 911 calls and watched graphic drone footage as Abril held Mrs. MacEgan hostage. The video showed Abril using her as a human shield and eventually shooting her in the arm  all while she complied with Abril's demands and begged the 911 operator for an ambulance for roughly 30 minutes.

Deputies took no chances with Eric Abril in court on Monday. He was shackled at the hands, waist and feet, and cuffed to the chair, with two deputies sitting within arm's reach.

The first witness was the detective responsible for the operational plan to serve the high-risk search warrant at the park that day. He choked up twice during his testimony: once when he talked about firing his gun, later explaining he shot 21 rounds at Abril while chasing him through the park; he choked up again when he recounted pausing his chase to help get children to safety.

We learned today that CHP had been surveilling Abril with a GPS tracker on his car and that they feared he might run when confronted, but chose to serve the warrant at the busy park during spring break anyway.

The detective testified they watched Abril play with his dogs for roughly 30 minutes in an open field but waited to confront him until he returned to his car. He said he didn't know Abril was armed until he shot a fellow officer – and didn't know the park was surrounded by a creek until Abril used it to hide in.

While the criminal case is focused on Abril, it's clear the CHP policies and decisions that led up to the fatal shootout will be a focus for the defense – and they will be on trial in the court of public opinion.

Several officers and detectives testified Monday that they were at the park for hours before Abril arrived.

CBS News California has independently confirmed that parents caught in the crossfire filed complaints with CHP, alleging negligence by officers who failed to warn them or clear the park in the hours leading up to Abril's arrival. 

CHP dismissed those complaints and, so far, has taken no accountability.

The MacEgans have also filed a wrongful death lawsuit against CHP.

While Mrs. MacEgan did not testify Monday, an investigator testified on her behalf – describing her final moments with her husband, the smell of gunpowder, a flash of light, before she said she was dragged by the ankles into the creek.

The preliminary hearing will continue Tuesday where Mr. MacEgan's autopsy is expected to be presented. 

CBS News California Investigates was first to report that the Mr. MacEagan's autopsy is inconclusive about where the fatal shot came from. Detectives did not recover a bullet so it's not clear who fired the fatal shot.

The MacEgans' wrongful death lawsuit against CHP was updated following that report. 

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