SANTA MARIA, Calif. -

Early in June, an arbitration hearing  at the Santa Maria Public library  began for several days, today it picked back up and is expected to go on for three days.

Sgt. Chris Nartatez, second cousin of Alberto Covarrubias testified on Monday.  Also testifying at the hearing was  Lt. Rico Flores who worked closely with police explorers. 

Nartatez was asked to describe the night back in January 2012  where Covarrubias was fatally shot.

It was an emotional testimony from Sgt. Nartatez. 

Nartatez said he was sent to a DUI checkpoint that night back in 2012 where Covarrubias was working. He was on the arrest team and said there was never a plan on how the arrest would take place.

Nartatez said he spotted Covarrubias on a motorcycle and tried to put him in a bear hug.  Covarrubias resisted, that’s when Nartatez said he saw two shots fired past his temple onto Covarrubias where he died in his arms.

Ast’s attorney Jonathan Miller said there was no way to plan the arrest because Covarrubias was apparently suicidal according to some of the officers and therefore unpredictable.