DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next...

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1708 in. (Jury in at 1:05 p.m..) THE COURT: All right. Welcome back, ladies and gentlemen. Have a seat and we're ready to resume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please. Mr. Brunson, if you'll come right up here to the front for me, please, sir, and if you'll raise your right hand the clerk is going to administer an oath to you. LELAND BRUNSON, having been produced and first duly sworn as a witness on behalf of the State, testified as follows: THE WITNESS: Yes. THE COURT: All right, sir, if you'll come right around here and have a seat over here for me. The bailiff will show you. And once you come -- yeah. Just pull that microphone to you and you can scoot the chair up a little bit if you like. Be sure and just speak up loudly into the microphone so we can all hear you, all right? THE WITNESS: All right. THE COURT: All right. Mr. Guy. MR. GUY: Thank you, sir.

Transcript of DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next...

Page 1: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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in.

(Jury in at 1:05 p.m..)

THE COURT: All right. Welcome back, ladies

and gentlemen. Have a seat and we're ready to

resume. Mr. Guy, your next witness.

MR. GUY: Thank you, Judge. Leland Brunson.

THE COURT: Leland Brunson, please.

Mr. Brunson, if you'll come right up here to the

front for me, please, sir, and if you'll raise your

right hand the clerk is going to administer an oath

to you.

LELAND BRUNSON,

having been produced and first duly sworn as a witness

on behalf of the State, testified as follows:

THE WITNESS: Yes.

THE COURT: All right, sir, if you'll come

right around here and have a seat over here for me.

The bailiff will show you. And once you come --

yeah. Just pull that microphone to you and you can

scoot the chair up a little bit if you like. Be

sure and just speak up loudly into the microphone

so we can all hear you, all right?

THE WITNESS: All right.

THE COURT: All right. Mr. Guy.

MR. GUY: Thank you, sir.

Page 2: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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DIRECT EXAMINATION

BY MR. GUY:

Q Good afternoon, sir. Please tell the members

of the jury your name.

A My name is Leland Brunson.

Q You live here in Jacksonville?

A Yes.

Q How old are you?

A 18.

Q And on November 23rd of 2012 how old were

you?

A I was 17.

Q Are you in school at this time?

A Yes.

Q Where is it that you go to school?

A Wolfson High School.

Q And what grade are you in?

A Senior.

Q Are you scheduled to graduate this spring?

A Yes.

Q Were you attending Wolfson High School in

November of 2012?

A Yes.

Q And who do you live with now?

A My mom.

Page 3: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q Did you know a person named Jordan Davis?

A Yes.

Q Where did you meet Jordan Davis?

A At school.

Q At Wolfson?

A Yes.

Q Were you and Jordan Davis in the same grade?

A Yes.

Q And what part of town did you live in in

November of 2012?

A On the southside.

Q And who did you live with in November of

2012?

A My mom.

Q Where did you live in relation to Jordan

Davis? About how far apart?

A A block over.

Q Okay. And in the fall of 2012 how often

would you see or talk to Jordan Davis?

A Almost every day.

Q And over the time that you knew Jordan Davis

how would you characterize your relationship with him,

that is were y'all friends, best friends, acquaintances

or what?

A Best friends.

Page 4: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q Do you also know a young man named Tevin

Thompson?

A Yes.

Q And did you meet Tevin Thompson before or

after you met Jordan Davis?

A After.

Q Do you also know Tommie Stornes?

A Yes.

Q And how did you meet Tommie Stornes?

A Through Tevin.

Q Tevin Thompson?

A Yes.

Q All right. Out of those three people, Jordan

Davis, Tevin Thompson and Tommie Stornes, who were you

closest to?

A Jordan Davis.

Q Specifically let me turn your attention to

Friday, November 23rd, 2012. Do you remember that day?

A Yes.

Q Did you see Jordan Davis on that day?

A Yes.

Q And where did you see Jordan Davis in the

afternoon of November 23rd?

A At his house.

Q Did you go over to his house that afternoon?

Page 5: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q How did you get there?

A My mom dropped me off.

Q Did you have a car at the time?

A No.

Q Did Jordan Davis have a car?

A No.

Q Do you recall the exact time that you got to

Jordan Davis' house that afternoon?

A No.

Q Was it still daylight?

A Yes.

Q All right. And did you and Jordan Davis

leave his residence that afternoon or early evening?

A Yes.

Q Where did you go?

A To Tevin's house.

Q And what did you do at Tevin's house, if

anything?

A Well, we stayed in the car. Tevin he went

upstairs and changed.

Q All right. And when you say we stayed in the

car, who are you referring to?

A Me, Jordan and Tommie.

Q And Tevin Thompson went inside to change

Page 6: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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clothes?

A Yes.

Q Did he do that?

A Yes.

Q All right. How were the four of you

traveling that afternoon?

A We were traveling by car.

Q In whose car?

A Tommie's.

Q What kind of car was it?

A It was a red Durango.

Q All right. Let me ask you to look at your

monitor. Do you see state's 43 there?

A Yes.

Q Do you recognize that?

A Yes.

Q Does that appear to be Tommie Stornes' red

Dodge Durango?

A Yes.

Q All right. And where did the four of you go

after you left Tevin Thompson's house?

A Went to the Town Center.

Q And what was the purpose of going to the Town

Center?

A Girl shopping.

Page 7: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q Did Jordan Davis see anybody at the Town

Center that he knew, any girls?

A His girlfriend, Aliyah.

Q And where did -- where did y'all run into

Aliyah?

A At Urban Outfitters.

Q All right. You know her last name?

A Harris.

Q All right. And did the four of you stay

together, that is you, Tevin Thompson, Tommie Stornes

and Jordan Davis, did the four of you stay together

while you were at the Town Center?

A Yes.

Q All right. And about how long were the four

of you there approximate?

A About hour or two.

Q And did the four of you leave the Town Center

together?

A Yes.

Q And did you leave in Tommie Stornes' Durango?

A Yes.

Q And where were the four of you going?

A We were going to the Avenues Mall.

Q All right. That's also on the southside?

A Yes.

Page 8: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q All right. Who was driving the Dodge Durango

when you left the Town Center?

A Tommie.

Q And where were you seated?

A I was seated behind Tommie.

Q And where was Jordan Davis seated?

A He was sitting -- he was seated behind the

passenger.

Q Was Jordan Davis in the back seat?

A Yes.

Q Was he sitting next to you?

A Yes.

Q Okay. And Tevin Thompson, where was he

seated?

A He was seated in the passenger seat.

Q Front or back?

A Front.

Q Okay. Did the four of you stop anywhere on

the way to the Avenues Mall?

A Yes.

Q Where was that?

A On Gate Gas Station.

Q And why did y'all stop at the Gate?

A To get some gum.

Q Was there any reason y'all wanted to get gum?

Page 9: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A We didn't want our breath to be stinking.

Q Okay. Which Gate did you stop at?

A The one on -- between Southside and

Baymeadows.

Q And where -- relative to the store itself

where did Tommie Stornes park the car when he got to

the Gate Gas Station?

A He parked on the left side of the front door.

Q Was the Durango facing the store?

A Yes.

Q All right. When Tommie Stornes pulled into

that parking space, was there anybody on the passenger

side of the Dodge Durango?

A No.

Q After Tommie Stornes pulled in, did anyone

get out of the Dodge Durango?

A Nobody got out except Tommie.

Q All right. And where did Tommie go?

A Into the store.

Q You, Jordan and Tevin stayed in the car?

A Yes.

Q Was there music playing in the car while the

three of you were waiting for Tommie Stornes?

A Yes.

Q And what type of music was playing?

Page 10: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Rap.

Q What was the volume of the music?

A It was pretty loud.

Q And as you all were sitting there at that

time what was -- what was Jordan Davis' demeanor like?

What was his mood like that afternoon?

A Happy.

Q What -- how about Tevin Thompson?

A Happy.

Q Tommie Stornes?

A Happy.

Q And yourself?

A Happy.

Q At some point while the three of you were

sitting there waiting for Tommie Stornes to come back

did a car pull into the parking space on the passenger

side of the Durango?

A Yes.

Q And did that car park immediately next to the

Durango or a space or two over?

A It was next to the Durango.

Q Did anyone get out of that car?

A A white blonde lady got out of the car.

Q Okay. And a white female?

A Yes.

Page 11: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q All right. Did you see where she went?

A She went in the store.

Q Did you ever look at the driver of the car

that pulled up next to the Dodge Durango?

A Yes.

Q Could you tell if the driver was male or

female?

A Male.

Q Could you tell if that man was white, black,

Hispanic, Asian or what?

A White.

Q While y'all were waiting for Tommie Stornes,

did the driver of that car parked on the passenger side

say something to y'all or in your direction?

A Yes.

Q And what was that?

A He said can you turn the music down? I can't

hear myself think.

Q And were you looking in the driver's

direction when he said that?

A Yes.

Q Did anyone -- let me ask you this: Do you

recall whether or not the driver's window was up or

down when he said that?

A It was half way down.

Page 12: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q Did anyone turn down the music when he asked

you to turn down the music?

A Yes.

Q And who turned it down?

A Tevin.

Q All right. Did Jordan Davis say anything

when Tevin Thompson turned down the music?

A Yes.

Q What was that?

A He said, no, turn the music back up.

Q And who did you Jordan Davis say that to you?

A Tevin.

Q And what did Tevin Thompson do when Jordan

Davis said turn the music back up?

A He turned it up a little bit but not as loud

as it was before.

Q Did Jordan Davis say anything to the driver

of the other car after Tevin Thompson turned the music

back up?

A Yes.

Q Did he curse at him?

A Yes.

Q What did he say?

A He said F.U..

Q All right. And when he said that, did he say

Page 13: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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the word as opposed to just F?

A Yes.

Q Okay. Did you say anything to the driver of

that other car?

A No.

Q Did Tevin Thompson?

A No.

Q And was Tommie Stornes still in the Gate

Station while this was going on?

A Yes.

Q Did the driver of the other car and Jordan

Davis start exchanging words at that point?

A Yes.

Q Was the music still up?

A Yes.

Q Could you hear what the driver was saying to

Jordan Davis?

A No.

Q Could you hear what Jordan Davis was saying

to the driver?

A No.

Q Did Jordan Davis appear to be upset?

A Yes.

Q Did the driver of the other car appear to be

upset as they were exchanging words?

Page 14: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q Did you ever see Jordan Davis put his hand on

the car door handle while he was arguing with the

driver of the other car?

A Yes.

Q How many times?

A One time.

Q And what did -- did Jordan Davis ever open

the door?

A No.

Q At what point in their exchange did he put

his hand on the door handle? Was it towards the

beginning, in the middle or the end?

A The middle.

Q Did you ever hear Jordan Davis threaten the

driver of the other car?

A No.

Q Did you ever see Jordan Davis threaten the

driver of the other car?

A No.

Q Was Jordan Davis using his hands when he was

talking?

A Yes.

Q Can you show the jury what you mean by that

when you say he was using his hands?

Page 15: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A He was -- he was talking to him and he was

pointing at him.

Q What -- all right. And you demonstrated with

your right hand?

A Yes.

Q Would the driver have been to Jordan Davis'

right side?

A Yes.

Q Okay. Do you recall what Jordan Davis was

doing with his left hand?

A He had it propped up on the back seat.

Q Okay. Like -- like you're demonstrating?

A Yes.

Q Like out towards you?

A Yes.

Q Okay. Did Jordan Davis ever put his hand or

any object out of the car window?

A No.

Q Did Jordan Davis ever put his hands in the

shape of a gun or anything like that?

A No.

Q Did you ever see anything in Jordan Davis'

hands when he was talking to the driver?

A Yes.

Q What was that?

Page 16: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Cell phone.

Q And which hand?

A The right hand.

Q All right. And when during their exchange

did Jordan Davis have the cell phone in his hand?

A Toward -- in the middle.

Q And you were sitting next to Jordan Davis the

whole time?

A Yes.

Q Did you ever see or hear Tevin Thompson who

was sitting in front of Jordan Davis, did you ever see

Tevin Thompson threaten the defendant in any way?

A No.

Q Did you ever -- excuse me, the driver of the

other car?

A No, I didn't.

Q Did you ever see Tevin Thompson threaten him?

A No.

Q Did you ever threaten the driver of the other

car?

A No.

Q Were you aware of any weapons in the Dodge

Durango that evening?

A No.

Q Do you recall at any point whether or not

Page 17: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Tevin Thompson adjusted Jordan Davis' window?

A Yes.

Q And how did he do that? Did he raise it or

lower it or what?

A He raised it.

Q Was it -- did he raise it all the way or was

there still space left?

A Still space.

Q Can you demonstrate for us with your hands or

your fingers about how much space was left?

A About this much space.

Q Okay.

MR. GUY: And, Judge, for the record I'd say

that's about three inches.

THE COURT: Three to four.

MR. GUY: Okay.

THE COURT: By my estimate, for whatever

that's worth.

MR. GUY: Thank you.

BY MR. GUY:

Q At some point did Tommie Stornes come out of

the Gate Station and back to the Durango?

A Yes.

Q All right. Did you see or hear Tommie

Stornes threaten the driver of the other car at any

Page 18: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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point when he came back to the Dodge Durango?

A No.

Q And were Jordan Davis and the driver of the

other car still arguing when Tommie Stornes got back in

the Dodge Durango?

A Yes.

Q Did you see or hear the driver say anything

to Jordan Davis after Tommie Stornes got back in the

Durango?

A Yes.

Q What was that?

A Are you talking to me?

Q And how could you hear that?

A Tevin turned the music down.

Q When?

A When Tommie got back in to let him know what

happened.

Q Did Jordan Davis say anything back to the

driver when the driver said are you talking to me?

A Yes.

Q What did he say?

A Yeah, I'm talking to you.

Q And what did you see the driver of the car --

of the other car do when Jordan Davis said, yeah, I'm

talking to you?

Page 19: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A He reached into his glove compartment.

Q Did you see what the driver got out of his

glove compartment?

A Yes.

Q What was that?

A A gun.

Q And what did the driver do with the gun when

he grabbed it from the glove compartment?

A He cocked it back.

Q And show the jury what you mean when you say

he cocked it back?

A Like he was holding it and cocked it back.

Q Pulled the slide back on it?

A Yes.

Q Okay.

MR. GUY: And for the record, Judge, the

witness made a demonstration to that effect.

THE COURT: So reflected.

BY MR. GUY:

Q What did the driver do with the gun after he

grabbed it and pulled the slide back?

A He aimed it out of his window.

Q And where did he aim it?

A Towards Jordan window.

Q And what did the driver do with the gun when

Page 20: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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he aimed it at Jordan's door?

A He started firing.

Q Were there more than -- was there more than

one gunshot?

A Yes.

Q What did -- what did Tommie Stornes do when

the driver of the other car started firing into Jordan

Davis' door?

A He put it in reverse and --

Q Did he back up?

A Yes.

Q Did the driver continue to fire as Tommie

Stornes was backing up?

A Yes.

Q And what happened to Jordan Davis as Tommie

Stornes was backing up? Did he stay sitting up or did

he do something else?

A No. I tried to pull him down but when I

pulled him down he just fell into my lap.

Q Okay. Show the jury what you mean when you

say you pulled him down.

A Like I ducked down and I was trying to pull

him down as well away from the shots.

Q Okay. So you -- you ducked down yourself?

A Yes.

Page 21: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And then you pulled Jordan Davis down?

A Yes.

Q Did you pull him toward you?

A Yes.

Q Did he -- you said he fell toward you?

A Yes.

Q After Tommie Stornes backed up, what did he

do?

A He -- he pulled forward into the next part of

the plaza.

Q Was the driver of the car on the passenger

side still firing when Tommie Stornes drove forward?

A Yes.

Q How did you feel when the driver of the other

car was firing at the Durango?

A Scared.

Q And you said that Tommie Stornes drove the

car into a parking lot, adjacent parking lot. Did he

keep going or did he stop?

A He stopped.

Q Do you recall exactly where he stopped?

A No.

Q Did you ever get out of the car when he

stopped?

A No.

Page 22: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q What were you doing when Tommie Stornes

stopped the Durango in the plaza?

A I was checking on Jordan.

Q How were you checking on Jordan?

A I called his name but he didn't respond so I

checked his body to see if he was hit.

Q How did you check his body?

A I just patted him down in the upper body.

Q Did you touch anything that led you to

believe he had shot?

A Yes.

Q What?

A When I reached -- when I reached and touched

him blood appeared on my fingers.

Q When Tommie Stornes stopped the Durango in

the plaza, do you remember whether anyone got out of

the Durango?

A Yes.

Q Okay. Who do you recall getting out?

A Tevin.

Q And what did Tevin do, Tevin Thompson do when

he got out of the Dodge Durango?

A He started yelling Jordan's name.

Q Did Jordan Davis respond at all when his name

was called?

Page 23: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A No.

Q Was Jordan Davis still lying with his head or

upper body in your lap?

A Yes.

Q Did Jordan Davis respond physically at all

when his name was called? Did he move?

A No.

Q Was Jordan Davis making any sounds?

A Yes.

Q What was that?

A He was gasping for air.

Q And where did y'all go after you stopped in

the plaza?

A We returned back to the Gate Gas Station.

Q All right. And when you say you went back to

the Gate, did y'all do like a three-point turn? Did

you turn the car around? Did you drive around? Did

you back up or what?

A We backed up.

Q Tommie Stornes was still driving?

A Yes.

Q And as you all are in the plaza and backing

up did your focus ever leave Jordan's condition?

A No.

Q Did Tommie -- where did Tommie Stornes park

Page 24: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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or pull into when y'all got back to the Gate?

A On the left side.

Q And again was he facing the store?

A Yes.

Q And you mean to the left side of the front

door?

A Yes.

Q All right. And when you all got back to the

Gate and the car stopped, what were you doing?

A I was still checking on Jordan, calling his

name.

Q Did he ever respond?

A No.

Q Did people come over to the Durango to offer

help?

A Yes.

Q And did those people include a uniformed

officer and a civilian?

A Yes.

Q And did those people give you any

instructions?

A Yes.

Q What did they ask you or tell you to do?

A They told me to get out of the car.

Q Did you do that?

Page 25: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q And what door did you use to get out?

A My car -- I mean my door.

Q Where was Jordan Davis when you got out of

the car?

A He was laying down in the back seat.

Q And what did the people do with Jordan Davis

after you got out?

A They pulled him out.

Q And where did they place him?

A On the concrete.

Q And did anybody try to render aid to Jordan

Davis at that point?

A Yes.

Q How?

A They performed C.P.R..

Q Did police and rescue respond to that scene?

A Yes.

Q All right. Were you directed at some point

to go into the Gate Store itself?

A Yes.

Q And did you do that?

A Yes.

Q Did Tommie Stornes and Tevin Thompson also go

into the store?

Page 26: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q Were other civilians directed to go into the

store?

A Yes.

Q From the Gate Station were you taken to the

police station?

A Yes.

Q And how did you get to the police station?

A A police officer drove us.

Q Were you with Tommie Stornes and Tevin

Thompson when you were transported from the Gate

Station to the police station?

A Yes.

Q And were you interviewed by homicide

detectives when you got down to the station?

A Yes.

Q When you spoke with the homicide detectives,

who was in the room?

A My mom.

Q And the detectives?

A Yes.

Q Anybody else?

A No.

Q Were you and Tommie Stornes and Tevin

Thompson interviewed separately?

Page 27: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q Did you tell the detectives what had happened

that evening?

A Yes.

Q And during your interview with the detectives

did they show you a series of photographs?

A Yes.

Q Were you able to positively identify the

driver of the other car?

A No. I got it down to two suspects.

Q And did you -- how did you do that

physically? I mean did you -- did you slide two off to

the side or tell the detectives it may be one of these

two? What did you do?

A I just -- I just slide, slide them to the

side.

Q And your memory is that it was two

photographs that you narrowed it down to?

A Yes.

Q Okay. Before the detectives showed you those

photographs, did they give you some instructions about

viewing that photospread?

A Yes.

Q And was that either read to you or did you

read it?

Page 28: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A I read it.

Q Okay. And did you sign your name after you

read it?

A Yes.

Q All right.

MR. GUY: Your Honor, may I approach the

witness?

THE COURT: Yes, sir.

BY MR. GUY:

Q Mr. Brunson, let me hand you 164. It's

marked as 164. Do you recognize that?

A Yes.

Q Is that the form that you read before you

viewed the photographs?

A Yes.

Q And is your signature on it?

A Yes.

Q Okay. And is the date on it as well?

A Yes.

Q What date is it?

A November 24, 2012.

Q All right. So this would have occurred --

this part of the interview would have occurred after

midnight?

A Yes.

Page 29: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1736

Q Okay.

MR. GUY: And, Your Honor, of course the jury

will be able to see this later.

THE COURT: All right.

BY MR. GUY:

Q Mr. Brunson, let me ask you to look at your

monitor again. Do you see state's 21?

A Yes.

Q Do you recognize that?

A Yes.

Q Okay. Is that how Tommie Stornes' Durango

appeared after you got out of the car and they pulled

Jordan Davis out of the car?

A Yes.

Q Okay. Is the area where Jordan Davis' body

was placed depicted in that photograph?

A Yes.

Q State's 28, you recognize that?

A Yes.

Q Is that the area of the back seat where you

were seated?

A Yes.

Q Okay. And actually you would have been, I

guess, in the area closest to --

A To the door, yes.

Page 30: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1737

Q On -- on the driver's side?

A Yes.

Q Okay. And state's 32, is that an accurate

depiction of the way the back seat of the Durango

looked from the other side, from Jordan's side?

A Yes.

Q All right. And state's 24, do you recognize

that?

A Yes.

Q Does that appear to be Jordan Davis?

A Yes.

MR. GUY: Your Honor, that's all I have.

Thank you, sir.

THE COURT: Mr. Strolla.

MR. STROLLA: Thank you, Your Honor. May it

please the Court?

THE COURT: Yes, sir.

CROSS EXAMINATION

BY MR. STROLLA:

Q Now, Mr. Brunson, you're best friends with

Jordan Davis, correct?

A Yes.

Q And obviously you were with him that night as

a best friend?

A Yes.

Page 31: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1738

Q And you admit to this jury that he became

extremely upset because Mr. Dunn asked him to lower the

radio, correct?

A Yes.

Q As a matter of fact, Mr. Dunn wasn't even

saying it to Jordan, he was just saying it to the truck

next to him, correct?

A Yes.

Q He didn't look back and look right at Jordan

Davis, did he?

A No.

Q He didn't point his finger at him?

A No.

Q He didn't yell at him?

A No.

Q He didn't curse at him?

A No.

Q Didn't say anything derogatory, anything at

all to him, did he?

A No.

Q As a matter of fact, Mr. Dunn's window was

right next to Tevin Thompson's window, isn't that true?

A Yes.

Q And then Tevin actually lowered the radio,

did he not?

Page 32: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1739

A Yes.

Q As a matter of fact though, Tevin only

lowered it because he just said the guy next to us is

talking. Nobody knew what Mr. Dunn said, is that

correct?

A Yes. We knew what he said.

Q How did you know what he said? If the

music's so loud how can you hear him?

A He turned it down. That's when he said can

you turn it down, I can't hear myself think.

Q All right. So he didn't demand it?

A No.

Q He asked a question?

A Yes.

Q Did he raise his voice or was he talking

about as loud as you are right now?

A About as loud as I am right now.

Q All right. So it's fair to say he asked for

a common courtesy just to lower the music, correct?

A Yes.

Q And have you been in a situation where the

music's so loud it could make the windows or the

rearview mirror rattle in a car?

A Yes.

Q Have you ever been in a situation where

Page 33: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1740

you're in a separate car and it may rattle that

separate car?

A Yes.

Q All right. And was the music that loud that

night?

A Yes.

Q It was actually rattling stuff inside Tommie

Stornes' truck, wasn't it?

A Yes.

Q Okay. And after that Mr. Dunn never said

another word to you guys in terms of the music. Didn't

yell at you, didn't curse at you, nothing, correct?

A No.

Q All he said was thank you, window was up,

right?

A Yes.

Q As a matter of fact, he didn't have tinted

windows, does he?

A No.

Q And Tommie Stornes' truck had tinted windows,

is that correct? Do you know if it had tinted windows?

A I'm not sure, no.

Q All right. As a matter of fact, you've only

been in that truck one other time and that night,

correct?

Page 34: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1741

A Yes.

Q You only knew Tommie Stornes for less than a

month, isn't that true?

A Yes.

Q As a matter of fact, you met Tommie through

who?

A Tevin.

Q And how long have you been friends with

Tevin?

A For about -- the start of that school year.

Q Just that year?

A Yes.

Q In 2012?

A Yes.

Q School starts in late August in Jacksonville?

A Yes.

Q So we're talking maybe three months at the

most?

A Yes.

Q All right. And you don't own a car?

A No.

Q Mr. Davis, Jordan Davis, doesn't own a car?

A No.

Q And you're relying on Tommie to drive you

around in his truck?

Page 35: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1742

A Yes.

Q All right. And isn't it true you told

detectives several days after your interview, that was

the first time you told them that Jordan Davis tried to

get out of the vehicle?

A Yes.

Q Why didn't you tell the police that night

that Jordan Davis tried to get out of that truck?

A They didn't ask.

Q But didn't they ask you what happened?

A Yes. They asked me what happened.

Q And are you saying that Jordan never ducked,

isn't that true?

A No.

Q It's not true?

A He did try to duck but he wasn't moving quick

enough. I guess he was shot.

Q Well, let me ask you this: You tried to pull

him down, correct?

A Right.

Q And isn't it true you said that he must have

been in shock and he didn't duck?

A Right.

Q So that part is true?

A Yes.

Page 36: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1743

Q And then that's when the shots went off?

A Yes.

Q And you're now telling the jury that he tried

to grab the door handle in the middle of this

conversation, correct?

A Yes.

Q And actually isn't it true Mr. Dunn never

raised his voice to Jordan Davis, did he?

A Right.

Q That's true?

A Yes.

Q Okay. Never cursed at him, never -- never

threatened him, right?

A Right.

Q All right. Never tried to get out of his car

to fight Mr. Davis, did he?

A No.

Q All right. And, in fact, isn't it true

Mr. Davis was the one, Jordan, was yelling and cursing

at him?

A Yes.

Q And isn't it true that the music was so loud

that you couldn't hear everything that was being said?

A Right.

Q All right. And again sitting in your chair

Page 37: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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right there let's just --

MR. STROLLA: Judge, permission to move, Your

Honor?

THE COURT: Within reason.

MR. STROLLA: Just here, Judge.

BY MR. STROLLA:

Q Let's just assume you're sitting right now in

the back seat of that Durango. Immediately to your

right right next to you would be Jordan Davis, correct?

A Yes.

Q And even sitting that close the music was so

loud you're saying you couldn't hear what your best

friend was saying?

A Right.

Q And you have no idea what he said to Mr. Dunn

other than what you've testified to the jury?

A Right.

Q But you do admit there was more conversation

and more yelling by Mr. Davis, isn't that true?

A Yes, but they were both going back and forth.

Q All right. But didn't you just say a minute

ago my client never raised his voice or cursed or

yelled at Jordan Davis?

A Right, but that was --

Q Right.

Page 38: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1745

A That was before the music was turned back up.

Q Okay. So then tell me after the music goes

back up, you're so close to Jordan Davis you can't hear

him, please tell me what you could hear Mr. Dunn say

from another vehicle.

A I couldn't hear what he said.

Q That's my point. So you have no idea what's

being said, right?

A Right.

Q So you can't testify that Jordan Davis didn't

threaten Mr. Dunn, is that true?

A Right.

Q But your testimony is he only tried to get

out of the car in the middle of it, is that true?

A Yes.

Q Now Mr. Davis again is your best friend?

A Yes.

Q You were upset that night?

A Yes.

Q When you found out your best friend died you

were even more upset, that's fair to say?

A Yes.

Q You're still upset as you sit here today?

A Yes.

Q You obviously miss your friend, don't you?

Page 39: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1746

A Yes.

Q You don't want to see your friend's memory go

in vain, do you?

A No.

Q Now isn't it true you also said that it was

so cold that evening that the heat was on and all the

windows were up?

A Jordan's window was half way down.

Q Isn't it true though when you were driving

around all the windows were up? Is that true? Isn't

that what you said?

A In deposition, yes, that's what I said.

Q All right. And now today you're saying

something different. You're saying that his window was

half way down or a few inches down, right?

A Right.

Q Now isn't it true you told police that night

that Jordan said, and you heard him say this, I'm tired

of people telling me what to do?

A Right.

Q Right? That's true?

A Yes.

Q That's not Mr. Dunn's words, right, that was

your best friend's words?

A Yes.

Page 40: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1747

Q And that's before he started cursing and

yelling at Mr. Dunn?

A Yes.

Q And would you agree that the more Jordan

yelled and my client didn't react, he got even more

mad?

A You mean Jordan?

Q Jordan. Jordan got more mad?

A Yes.

Q And as time kept going it was escalating,

wasn't it?

A Yes.

Q And you know that because Jordan's your best

friend?

A Yes.

Q You've been around him enough to know how he

would act?

A Yes.

Q Let me ask you this: Has anyone ever told

you to turn your radio down before?

MR. GUY: I object to the relevance.

THE COURT: Sustained.

BY MR. STROLLA:

Q Have you ever been there when someone turned

-- asked Jordan Davis to turn the music down before?

Page 41: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1748

A No.

Q All right. So you don't know how he would

react in that situation?

A Right.

Q Have you ever seen him act like that before?

A Yes.

Q Now when you went to the homicide office the

detectives actually had your mom show up, is that

correct?

A Yes.

Q They thought it was a good idea for her to be

there for you, is that correct?

A Yes.

Q You didn't call her, did you?

A No.

Q All right. Now let me ask you this, talking

about cell phones, isn't it true you said that your

cell phone died about 7:00 o'clock that night?

A Yes.

Q And let me ask you this: When you're in that

plaza and your best friend now is gasping for air, do

you not ask somebody to call 911?

A Yes.

Q Who do you ask to call 911?

A Tevin.

Page 42: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And that's at the plaza, not at the Gate Gas

Station. We're talking about in the plaza when you

guys drove a football field away. Did you ask someone

to call 911?

A It wasn't a football field away.

Q All right. How far do you think you

traveled?

A I don't know that estimate of the distance

but --

Q Did you guys drive away from the Gate Gas

Station?

A Yes.

Q Did you go to another plaza?

A Not another plaza, in the same plaza.

Q Different parking lots though?

A Yes.

Q All right. And again were you safe there?

A Yes.

Q All right. Mr. Dunn didn't follow you guys,

right?

A No.

Q He wasn't trying to chase you down?

A No.

Q He wasn't trying to come up behind you and

shoot more bullets into the truck, right?

Page 43: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A No.

Q All right. As a matter of fact, you never

saw him again, did you?

A No.

Q All right. And again now you're at this

plaza or another parking lot. Do you ask anybody to

call 911?

A Yes.

Q Who?

A Tevin.

Q And did Tevin Thompson call 911 from that

plaza, not the Gate parking lot, the plaza where the

restaurants are?

A No. We just rushed back to the Gate Gas

Station and then he called for 911.

Q Now let me ask you this: So even though you

asked him to call 911 he didn't do it, did he?

A No. I guess he didn't hear me because we

were still checking on Jordan.

Q All right. But didn't you say when you

stopped people were screaming, somebody was screaming

when you guys stopped and you realized Jordan wasn't

breathing?

A No.

Q Well, let me ask you this: Was that not

Page 44: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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shocking to you?

A What was not shocking to me?

Q That your best friend is not breathing, he's

gasping for air?

A Yes.

Q Don't you think somebody should have called

911?

A Yes.

Q Did you reach for your cell phone to call

911?

A No, because he was on my lap. I couldn't get

in my pocket.

Q All right. And isn't it true that Tommie

Stornes came and opened your door and started reaching

inside the car?

A No.

Q Do you recall that?

A No.

Q So it never happened?

A No.

Q And isn't it true that Tevin Thompson came

and opened up the back door and started reaching inside

that truck?

A No. He just opened the car and just was

yelling Jordan's name.

Page 45: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q So he was yelling?

A Yes.

Q So Tevin was yelling Jordan, right?

A Yes.

Q And nobody did anything?

A No. We just went back to the Gate Gas

Station to get help.

Q All right. And you only knew Tevin since

school started, right?

A Yes.

Q And we're talking three months?

A Yes.

Q And Tevin only knew Jordan Davis for that

same amount of time, correct?

A No.

Q How long did Tevin know Jordan?

A I don't know.

Q And again you're saying Tevin is screaming

for Jordan but doesn't call 911?

A Right.

Q And you're saying he never opened the door

where Jordan Davis was and started reaching into that

truck?

A No.

Q Now are you focused on Tommie and Tevin or

Page 46: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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you focused on Jordan?

A I was focused on Jordan.

Q So things could have happened around that

truck that either you don't remember, is that fair?

A Yes.

Q Things could have happened that you just

didn't see, is that fair?

A Yes.

Q And things were said that you didn't hear, is

that fair?

A Yes.

Q Now when Tommie got back in the car you never

told Tommie that you saw a gun, did you?

A Yes.

Q Isn't it true that when Tommie got back in

the car at the Gate Gas Station before y'all drove away

you never told him you saw a gun?

A No. I didn't say I seen a gun, no.

Q Right. You just told Tommie, hey, let's get

out of here, right?

A Yes.

Q And that was when Jordan was reaching for the

door, right?

A No.

Q And you've only been in that truck one other

Page 47: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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time than that night or is that your first night in

that truck?

A Another time.

Q So that was the second time you've ever been

in that truck, correct?

A Yes.

Q So you don't know what Tommie may have had or

had in there, is that true?

A Yes.

Q Now you also tell police not once but twice

that there was no weapons at all inside that vehicle,

correct?

A Right.

Q Any weapon of any kind, isn't that true?

A Right.

Q And isn't it true your best friend had a

Smith and Wesson knife in his pocket?

A I didn't know he had it in his pocket.

Q And this is your best friend?

A Yes.

Q Did you know him to carry a weapon?

A No.

Q And you do admit that you tried to pull

Jordan down. Those were your words, correct?

A Yes.

Page 48: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And you're telling this jury that he --

MR. STROLLA: If I can rearrange myself again,

Your Honor?

THE COURT: Yes, sir.

BY MR. STROLLA:

Q You're telling this jury that when you tried

to pull him down he's still sitting straight like you

are?

A Yes.

Q His left arm is up on the seat?

A Yes.

Q And he's yelling at Mr. Dunn with his right

hand?

A Yes.

Q Right?

A Right.

Q So even when Mr. Dunn pulls that slide back

and you go to duck down, right, you said that's when

you ducked down?

A No. I started ducking down when he started

firing.

Q All right. So even when he pulls the slide

back you don't duck down?

A No. That's when I informed Tommie let's get

out of here.

Page 49: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And you don't even tell Tommie he's got a

gun, right?

A Everybody was looking towards Jordan so, no,

I didn't say that.

Q Well, I'm asking you you never told Tommie

you saw a gun, correct?

A Right.

Q You just assumed maybe he saw it then?

A No. I didn't assume.

Q All right. You just said let's get out of

here, never mentioned a gun?

A Right.

Q And then Mr. Dunn then just turns back and

fires, is that correct?

A Yes.

Q It happens pretty quick, didn't it?

A Yes.

Q As a matter of fact, it happened so fast that

the first shots go off before Tommie is in reverse,

isn't that true?

A Yes.

Q And then as Tommie is in reverse there's

still shooting, a couple more shots, true?

A Yes.

Q All right. And, in fact, when you drive away

Page 50: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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you're still ducked down, true?

A Yes.

Q Your head is down?

A Yes.

Q And Jordan Davis' head is not down, isn't

that true?

A When we drove off he fell into my lap.

Q Driving off straight, correct?

A Yes.

Q Now let me ask you this: When Mr. Stornes

backed up you're right side by side with the

defendant's vehicle, correct?

A Yes.

Q And Mr. Stornes backed up and curved to leave

the plaza, isn't that true?

A Yes.

Q So now that red SUV is directly behind

Mr. Dunn's vehicle, is it not?

A Yes.

Q And Mr. Dunn would still be facing straight.

You'd see the back of his head?

A Yes.

Q Let me ask you this: Was Mr. Dunn wearing a

baseball hat?

A No.

Page 51: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q Was he wearing any kind of black thing on his

head, any -- anything on his head?

A No.

Q Nothing, right? You could see his hair just

like today?

A Yes.

Q Okay. Now when you're behind him and you

reverse out you can still see him, correct?

A Yes.

Q All right. And you're still high up in a

Durango and you can see down into the Jetta, can you

not?

A Yes.

Q And then as you're behind him Mr. Stornes

drives straight out of the Gate plaza, doesn't he?

A Yes.

Q All right. And it was soon right after that

moment or do you even recall if any more shots were

fired into the back of that SUV?

A When he was pulling out?

Q Yes.

A Yes.

Q And it was relatively quickly. As soon as

Tommie went to pull out bang, bang, bang, correct?

A Yes.

Page 52: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And then as you guys drove out of the Gate

parking lot no more shots were fired, were there?

A No.

Q As you guys crossed that alley, that entrance

into the plaza no more shots were fired, were they?

A No.

Q As you guys drove all the way through the

parking lot to where Tommie finally stopped no more

shots were fired, were they?

A No.

Q As a matter of fact, did you even know that

Tevin claims to see Mr. Dunn drive away?

MR. GUY: Judge, I'm going to object to that

as calling for speculation.

THE COURT: Sustained.

BY MR. STROLLA:

Q Did you have any knowledge that Mr. Dunn

drove by your vehicle on the street?

A No.

Q All right. Were you worried about Mr. Dunn

chasing you down?

A No.

Q All right. In fact, you would have told

Tommie don't go back to the Gate Gas Station because

you thought your life would be in danger if that was

Page 53: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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true, correct?

A Right.

Q And you didn't do that?

A No.

Q Now when they get out of the car -- when you

get to the gas station Tevin and Tommie jump out,

correct?

A No.

Q What happens -- when he pulls back into the

Gate Gas Station tell me what happens.

A Tevin gets out and he asked a lady can you

call 911?

Q All right. And you could hear that?

A Yes.

Q Now that's not Tommie. That's Tevin?

A Yes.

Q All right. Because I don't want to get it

confused. Tevin Thompson is the front passenger,

correct?

A Yes.

Q He gets out of the truck?

A Yes.

Q Goes to the lady next to him?

A No. She was coming up to us.

Q Okay. So she was even out of her vehicle

Page 54: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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now?

A Yes.

Q And then he asked her to call 911?

A Yes.

Q All right. And where's Tommie?

A He was in the car. He was checking the car

to see where it was shot at.

Q All right. So he got out of the car?

A Yes.

Q All right. And at that point isn't it true

you lost sight of Tommie Stornes and Tevin Thompson?

You weren't focused on them. You were focused on

Jordan Davis in your lap, correct?

A Yes, but they was -- they didn't leave or go

behind the car. They just sat -- they just stood right

there in front of their doors.

Q All right. So you're saying, and let me get

this straight, when Tevin and Tommie get out of the

truck they stand right in front of the SUV where you

can see them?

A Yes, exactly. They stand.

Q And then they stand there the whole time

until they had you get out of the car?

A Yes.

Q So Tommie never walked off by the bushes or

Page 55: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1762

on the side of the Gate Gas Station?

A Not until the police told us to go to his cop

car.

Q All right. So they stood there the whole

time and then they walked right over to an officer's

vehicle and stood there with you, is that correct?

A Yes.

Q So what you're saying is Tommie Stornes and

Tevin never moved until you got out of that car and all

three of you walked together?

A Yes.

Q And again even when the shooting goes on

Jordan Davis is still facing straight in that seat like

you're sitting today, isn't that true?

A Can you repeat the question?

Q When the shots first rang out Jordan Davis is

still sitting in his seat next to you just like you are

right now, body straight, feet straight, isn't that

true?

A Yes.

Q He never even leaned over until you're saying

you guys pulled out, correct?

A Yes.

Q You also told police that you saw a gold

pistol, isn't that true?

Page 56: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A The tip of it looked -- looked gold to me.

Q Now obviously Mr. Davis is your best friend

that died and you were shaken up, correct?

A Yes.

Q You were shaken up for days, is that fair?

A Yes.

Q Isn't it true that after this happened you

met with Tevin Thompson and Tommie Stornes and talked

about what happened several times, didn't you?

A No.

Q You're saying that you didn't go to Mr. Ron

Davis' house and talk about this a day or two later?

A No. I didn't want to bring it up to him.

MR. STROLLA: Judge, if I may just have a

moment?

THE COURT: All right.

BY MR. STROLLA:

Q And you -- you do admit that you talked to

Tevin and Tommie with Mr. Davis, correct?

A We did, yeah, but we didn't discuss what

happened.

Q All right. And then in between that it was

four days later that the police reinterviewed you,

correct?

A Yes.

Page 57: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1764

Q And that was the first time you ever told

police that, in fact, Jordan Davis did reach for that

door handle, correct?

A Yes.

Q And isn't it true you also tried to tell the

police that the safety, the child locks were on, right?

A Yes.

Q Now child locks for the door or child locks

for the window? What's your definition of the child

locks on?

A The child locks were on the door and the

window.

Q So you're saying you can't get out of that

car because the child locks were engaged, is that fair?

A Right.

Q And you're saying that was that night?

A Yes.

Q All right. And is it your testimony that

that's why Jordan Davis couldn't get out of the

vehicle?

A Right.

Q And you only been in that car one other time

than that night?

A Yes.

Q Same thing with Jordan Davis?

Page 58: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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A Yes.

Q Now your mom was with you for both

discussions. They were with you the night at the

homicide office and your mom was with you four days

later again at the homicide office, true?

A Yes.

Q Now were you in a room where there was a

video camera where they could record you?

A No.

Q Okay. And did they ever ask to record you?

A No.

Q Did they ever ask to take a written

statement?

A No.

Q Did you provide any sworn statement to the

State Attorney's Office or the police?

A What do you mean?

Q Did they -- like today you took an oath to

tell the truth, correct?

A Yes.

Q And in your deposition you took an oath to

tell the truth, correct?

A Yes.

Q Did an officer or a prosecutor ever put you

under oath and take your statement about what happened

Page 59: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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that night?

A I don't recall. I'm not sure.

Q Okay. And do you recognize this lady up here

as Ms. Wolfson?

A Yes.

Q Have you seen her before?

A Yes.

Q She was there that night at the homicide

office, wasn't she, November 23rd, that night?

A No.

Q She wasn't there?

A No.

Q How long were you there? When did you get to

the homicide office and when did you leave?

A I don't know the -- the actual time.

Q But it was some time after midnight though,

correct?

A You mean the night of the shooting?

Q Yes.

A Yes.

Q What time did you leave the homicide office?

A Pretty late, probably midnight, 1:00.

Q That's when you left, correct?

A Yes.

Q And again they never even took a recorded

Page 60: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1767

statement with like one of those little tape recorders,

correct?

A No.

Q Never asked you to write anything down?

A No.

Q How long did you meet with them?

A I don't know the approximate time.

Q Well, let me ask you this: When they asked

you to tell your story of what happened, was it 5

minutes, 10 minutes, 15 minutes, an hour?

A I don't know.

Q Well, give me an estimation. You've been on

the stand a pretty long time today. Was it longer than

that or less than that?

A I couldn't give you an approximate time. A

lot of things were going through my mind that night.

Q Right. And that was because of what you had

been through?

A Yes.

Q And you were in the same mental state just as

you were at the Gate Gas Station?

A Yes.

Q And you admit seeing this all over the news,

isn't that true?

A Yes.

Page 61: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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Q And you've actually listened to reports and

seen it, is that correct?

A Yes.

Q And that's even prior to you taking a

deposition, true?

A No. This is before I took my deposition.

Q That's what I said. Prior to your deposition

you watched news reports about this, right?

A Yes.

Q And you had friends and family talk about

this, correct?

A Yes.

Q And that includes going to Mr. Ron Davis'

house just a couple of days later, correct?

A No. We didn't talk about it at his house.

MR. STROLLA: Judge, if I may just have a

moment?

THE COURT: Yes, sir.

BY MR. STROLLA:

Q And you indicate that you saw a blonde lady

get out of the vehicle, is that correct?

A Yes.

MR. STROLLA: Nothing further, Your Honor.

THE COURT: Mr. Guy.

MR. GUY: Thank you, Judge.

Page 62: DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.

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1769

REDIRECT EXAMINATION

BY MR. GUY:

Q Mr. Brunson.

A Yes.

Q Do you love Jordan Davis?

A Yes.

Q Are you lying for Jordan Davis?

A No.

Q Are you lying for Jordan Davis' family?

A No.

Q When you went over to -- he referred to a man

as Ron Davis. Do you know who that is?

A Yes.

Q Who is that?

A That's Jordan's father.

Q Did you go over to his house?

A Yes.

Q After Jordan Davis was shot and killed?

A Yes.

Q And was Tommie Stornes there at some point?

A No.

Q Was Tevin Thompson there?

A Yes.

Q Did you and Tevin Thompson and Ron Davis get

together and conspire to make up some story?

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A No.

Q Any -- any tears over at Mr. Davis' house?

A Yes.

Q Lots of them?

A Yes.

Q Any hugs over at Ron Davis' house?

A Yes.

Q Lots of them?

A Yes.

Q You were asked about where your attention was

after the shooting on cross examination, and I think

you said your attention was on Jordan Davis?

A Yes.

Q Was it pretty much on Jordan Davis from the

time the shots started and he fell into your lap until

you got out of the car?

A Yes.

Q Even after you got out of the car?

A Yes.

Q And you were upset?

A Yes.

Q Even in that state if someone would have

picked up something like a shotgun from the car and

taken it out, do you think you would remember that?

A Yes.

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Q Did anybody do that? Did anybody pick up a

shotgun from inside the car and take it out?

A No.

Q Did anybody pick up anything to your

knowledge from that car and take it out other than the

body of Jordan Davis?

A No.

Q You were asked questions about Tommie Stornes

and riding around with him. You hadn't known him that

long. My question to you is this: You had met Tommie

Stornes before that night?

A Yes.

Q Did you have any concerns about him? I mean

was he the kind of guy you were like I ain't getting in

the car with this guy?

A No.

Q He was a friend of Tevin Thompson's?

A Yes.

Q And Tevin Thompson was a friend of Jordan's?

A Yes.

Q The -- you were asked a question about the

gun that you saw. When you saw that gun, did you --

did you sit there and kind of focus on it and, you

know, try to memorize, you know, the size of it and the

shape of it and the color of it?

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A No.

Q To you it looked like it had a gold tip?

A Yes.

Q You were asked about the child locks on the

doors being on that night. How do you know that?

A When we got to the Town Center we couldn't

get out of the car unless Tommie or Tevin come open the

car.

Q You were asked about your mom. You said that

your mom was present on the night of the 23rd and the

morning of the 24th when you were interviewed at the

police station.

A Yes.

Q And you were asked about when you

subsequently went down to the police station your mom

was present again.

A Yes.

Q Did your mom tell you to lie to the police?

A No.

MR. GUY: Judge, if I can have just one

moment?

THE COURT: Yes, sir.

BY MR. GUY:

Q You were asked about telling the police in

your second interview that Jordan Davis had put his

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hand on the car door handle. Did they ask you that the

first night they spoke to you?

A No.

MR. GUY: Nothing further.

THE COURT: May he be excused, Mr. Guy?

MR. GUY: Yes, sir.

THE COURT: Mr. Strolla?

MR. STROLLA: Yes, Your Honor.

THE COURT: Thank you. Appreciate you being

here. You're excused.

(Witness excused.)

THE COURT: State's next witness.

MR. GUY: Judge, if we could we have a matter

to take up outside the presence of the jury. I

don't know if it's going to take long. If we can

just have the court reporter.

THE COURT: Okay.

(Sidebar discussion with reporter present.)

MR. GUY: Judge, over the lunch recess it came

to my attention that Tommie Stornes who is a

witness in this case, of course, had watched a

portion of the trial on the internet. I don't

think it was on T.V..

I think it was on the internet and I spoke to

him about that, and he told me that he had watched