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      Witness says BP agent partly responsible for deadly accident

      The teenage driver of the van involved in the fatal Palmview accident last April is facing an Hidalgo County District Judge who will decide if he will be tried as an adult or juvenile.

      Two of today TMs witnesses included two men who saw the accident happen, but both share two very different stories.

      The first witness, Sergio Hernandez Jr. was interview by Action 4 News the night of the accident.

      Like he told Action 4 News the night of the crash, he testified that he saw no other vehicles other than the van and that it had cut him off, lost control and crashed.

      If I were not to have pressed my brakes it would have struck me, Hernandez said.

      The second eyewitness, Albino Villarreal, shared a much different story.

      Villarreal testified that he was driving behind a Border Patrol agent TMs Tahoe that was chasing the van.

      He said the Tahoe rammed the back of the van causing it to lose control.

      On Monday the agent testified that he did not hit the back of the van or even pursue the vehicle.

      Photos taken of the agent TMs vehicle and shown by the prosecutor showed no damage to the vehicle.

      When the prosecuting attorney asked Villarreal if it would surprise him that the agent TMs vehicle showed no damage, he could not answer the question.

      After the accident, Villarreal said he got out to help.

      When he approached the agent he said, the officer gave me big eyes like he did something wrong.

      When asked if the agent was partially responsible for the accident Villarreal said I believe so.

      While Villarreal stated he had told police what he saw, no officer took an official statement until just last month.

      Nobody asked me anything at all, Villarreal said.

      I was the only vehicle in the back and that TMs what I saw. I TMm not making this up, Villarreal said.

      The boy TMs mother, Reyna Zedillo also took to the witness stand.

      The mother revealed she had little knowledge her son drank alcohol and smoked pot.

      She also shared conflicting testimony from her statement she gave police.

      In court, she stated the boy TMs clothes from the night of the accident were accidentally burned.

      She had told police last April the boy asked her to burn them.

      At least four more witnesses will take to the stand before the judge Wednesday before he will decide if the 16 year old will be tried as an adult.