Evidentiary Hearing - 2011 Killing of Reynaldo Muñoz

8/9/2019 Evidentiary Hearing - 2011 Killing of Reynaldo Muoz

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Munoz vs. Davis December 29, 2014

Florida Realtime Reporting Fax 305.371.3460

www.taylorjonovic.com Taylor, Jonovic, White, Gendron & Kircher-Echarte 305.358.9047

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I N THE CI RCUI T COURT OF THE 11TH J UDI CI AL CI RCUI T I N AND FOR MI AMI - DADE COUNTY, FLORI DA

CASE NO. : 11- 037237 CA 23

REYNALDO MUNOZ, SR. , as survi vi ng f at herand as Per sonal Repr esent at i ve of t he Est at eof REYNALDO MUNOZ, J R. , and CARI DAD LOPEZ,as survi vi ng mot her ,

Pl ai nt i f f s,vs.

J EFFREY DAVI S, i ndi vi dual l y and as parentof mi nor chi l d, J ACK DAVI S, and YASMI NE

DAVI S, i ndi vi dual l y and as par ent of mi norchi l d, J ACK DAVI S,

Def endant s.____________________________________________/

72 West Fl agl er St r eet , Mi ami , Fl or i da, Monday, 9: 00 a. m. , December 29, 2014.

A hear i ng i n t he above- ent i t l ed cause r esumed

bef or e The Honor abl e St anf or d Bl ake, Ci r cui t Cour t

J udge, pur suant t o not i ce.

CONTI NUATI ON OF HEARI NG

APPEARANCES:

ROBERTS & DURKEE, P. A. , by DAVI D DURKEE, Esqui r e, and

ALVAREZ RODRI GUEZ, by J UAN L. ALVAREZ, Esqui r e, and J OEL S. PERWI N, P. A, by J OEL S. PERWI N, Esqui r e, At t or neys f or Pl ai nt i f f s .


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1 APPEARANCES CONTI NUED:

2 LAW OFFI CES OF KUBI CKI , DRAPER, by PETER H. MURPHY, Esqui r e, and

3 WI LLI AM BI SSETT, Esqui r e, At t or neys f or Def endant s.4

THE MCGRANE LAW FI RM, by5 MI LES A. MCGRANE, Esqui r e,

At t or ney f or J ack Davi s.6

ALSO PRESENT:7

Yasmi ne Davi s.8 J ef f r ey Davi s.

J ack Davi s.9

10

11 I NDEX

12 WI TNESS DI RECT CROSS REDI RECT

13 J ack Davi s

14 ( By Mr . Murphy) 5 75

15 ( By Mr . Dur kee) 27


17 J ef f r ey Davi s, Esq.

18 ( By Mr . Mur phy) 77



21 Det ect i ve Nye- Gonzal es22 ( By Mr . Murphy) 128


24

25


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1 THE COURT: Good mor ni ng ever yone.

2 MR. PERWI N: J udge, I have a personal

3 i ssue I ' ve got t o r ai se bef or e we st ar t .

4 THE COURT: Come over here t o t he si de.

5 ( Ther eupon, t he r espect i ve l awyer s

6 appr oached t he bench wi t hout t he cour t r epor t er

7 and had a di scussi on at si debar out si de t he

8 hear i ng of t he cour t r epor t er . )

9 THE COURT: We ar e here i n t he case of

10 Reynal do Munoz, Sr . , as sur vi vi ng f at her and

11 Per sonal Repr esent at i ve of t he Est at e of

12 Reynal do Munoz, J r . , and Car i dad Lopez, as

13 sur vi vi ng mot her , Pl ai nt i f f s , ver sus J ef f r ey

14 Davi s, et al . Case No. 11- 037237 Di vi si on 23.

15 Make your appear ances f or t he r ecor d.

16 Mr . Dur kee, we wi l l st ar t wi t h you on behal f of

17 t he pl ai nt i f f s.

18 MR. DURKEE: Yes, Your Honor . Davi d

19 Dur kee, Mr . J oel Per wi n, and Mr . J uan Al var ez on

20 behal f of t he Est at e of Reynal do Munoz.

21 THE COURT: Thank you ver y much.

22 MR. MURPHY: Pet e Mur phy and Bi l l Bi sset t

23 r epr esent i ng t he Davi s f ami l y.

24 THE COURT: Okay, t hank you.

25 When we wer e her e l ast , as I went over my


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1 not es, whi ch was on November 6t h, we had t he

2 pl ayi ng of t he 911 t ape and t he t est i mony of

3 Mr s. Davi s and t hat ' s wher e we had ended on

4 t hat dat e.

5 I have r ead over what you al l have f i l ed.

6 I ' m not sur e i f t her e i s any pr el i mi nar y

7 mat t ers we need t o t ake care of . Def ense, you

8 can cal l your next wi t ness.

9 MR. MURPHY: I f t hat ' s t he case, yes,

10 J udge, we wi l l cal l J ack Davi s.

11 THE COURT: Okay.

12 MR. PERWI N: J udge, do you need any

13 di scussi on about t he di f f er ences bet ween t he t wo

14 pr et r i al st i pul at i ons or you' r e good?

15 THE COURT: I l ooked t hat over . I f t her e

16 becomes a poi nt i n t i me t he st i pul at i ons or any

17 quest i ons, t hen I wi l l be gl ad t o di scuss i t .

18 MR. PERWI N: Once agai n, I can see i t

19 doesn' t have t o be vent i l at ed now.

20 THE COURT: Okay, r i ght .

21 Mr . Davi s, i f you wi l l r ai se your r i ght

22 hand.

23

24

25


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1 Ther eupon:

2 J ACK DAVI S

3 was cal l ed by t he Def endant , and af t er f i r st bei ng

4 dul y swor n, was exami ned and t est i f i ed as f ol l ows:

5 THE COURT: Thank you. I f you wi l l pl ease

6 have a seat , keep your voi ce up ni ce and l oud so

7 everyone can hear you.

8 Mr . Murphy, you may begi n.

9 MR. MURPHY: Thank you, J udge.

10 DI RECT EXAMI NATI ON

11 BY MR. MURPHY:

12 Q. Good morni ng, J ack.

13 A. Good mor ni ng.

14 Q. Underst and t hat everybody here needs t o

15 hear you i n cour t , and most i mpor t ant l y, t he J udge,

16 so pl ease keep your voi ce up and t r y t o answer t he

17 quest i ons as cl ear l y as you can, al l r i ght ?

18 A. Yes.

19 Q. Coul d you t el l t he J udge somethi ng about

20 your sel f ? Your age?

21 THE COURT: Fi r st st at e your name f or t he

22 r ecor d.

23 THE WI TNESS: J ack Davi s. I ' m 18 year s

24 ol d.

25 Q. And t el l t he J udge somet hi ng about


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1 your sel f . Where do you go t o school now?

2 A. I now at t end Cor nel l Uni ver si t y.

3 Q. And what year ar e you?

4 A. I ' m a f r eshman.

5 Q. How about gr owi ng up, wher e di d you at t end

6 school her e i n Mi ami ?

7 A. I went t o Ransom Ever gl ades Mi ddl e School

8 and Hi gh School .

9 Q. What are any par t i cul ar accompl i shment s

10 t hat you had i n school ?

11 A. I n 6t h gr ade I was i nvol ved wi t h an

12 ef f or t - - I essent i al l y came up wi t h t he i dea f or a

13 l aw now i n pl ace, t he J ack Davi s Hel pi ng Hands Act ,

14 whi ch was i n 2008, I bel i eve.

15 Q. What i s t hat ?

16 A. I t essent i al l y i s a l aw t hat al l ows

17 r est aur ant s t o donat e f ood t o homel ess shel t er s

18 wi t hout f ear of l awsui t s.

19 Q. Any ot her accompl i shment s i n school i n

20 t er ms of any debat i ng soci et i es or any ot her gr oups

21 t hat you wer e a member of ?

22 A. I was t he capt ai n of my academi c t eam

23 whi ch i s a t r i vi a- based t eam, I suppose.

24 Q. What are you maj or i ng i n now at Cornel l ?

25 A. I am pr obabl y goi ng t o maj or i n hi st or y.


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1 Q. We are now goi ng t o go t o t he day of t he

2 acci dent , t he day of t he i nci dent , al l r i ght ?

3 So I am goi ng t o ask you some quest i ons

4 about t hat and we wi l l t r y and go i n or der so we can

5 get i t acr oss most cl ear l y, okay?

6 A. Yes.

7 Q. Tel l me, on t he day of t he i nci dent , who

8 was at home t hat day?

9 A. On t hat day i t was me, my mot her , my

10 l i t t l e si st er , Abi gai l , and my mai d.

11 Q. And your mom has t est i f i ed, you wer en' t

12 her e, but she i ndi cat ed t hat pr i or t o t hi s event

13 happeni ng you guys wer e havi ng l unch i n t he ki t chen?

14 A. We were havi ng l unch i n t he ki t chen.

15 Q. Were you i n t he ki t chen havi ng l unch as

16 wel l ?

17 A. I was havi ng l unch.

18 Q. Af t er l unch what di d you do?

19 A. Af t er l unch I went upst ai r s t o st udy f or

20 f i nal s t hat I had t hat week.

21 Q. Coul d you r epeat t hat agai n? I t hi nk

22 t her e was a l i t t l e commot i on her e.

23 A. Af t er l unch I went upst ai r s t o my r oom

24 wher e I was st udyi ng f or f i nal s t he f ol l owi ng week.

25 Q. And about how l ong were you st udyi ng unt i l


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1 Q. Had you ever f i r ed t hat weapon bef ore?

2 A. I had not .

3 Q. Di d you know about any pr evi ous i nci dent

4 i nvol vi ng your mom and dad t hat l ed t o t hat shot gun

5 bei ng put under t he bed?

6 A. Not an i nci dent i nvol vi ng my par ent s, no.

7 Q. What i nci dent were you t ol d about ?

8 A. I was t ol d of an i nci dent , br eak- i n

9 r obber y t hat occur r ed i n t he nei ghbor hood. That was

10 t he r eason we obt ai ned t he weapon.

11 Q. Now, af t er you r et r i eved t he shot gun, what

12 di d you do next ?

13 A. I spr i nt ed downst ai r s and out si de.

14 Q. Di d you r un down?

15 MR. MURPHY: Do you have bot h boar ds t hat

16 we have i n evi dence?

17 MR. DURKEE: Yes, t hey ar e behi nd over

18 t her e.

19 Q. ( By Mr . Mur phy) I want t o show you, J ack,

20 what has been mar ked Def endant ' s 5 f or I D. Does

21 t hi s show t he vi ew f r om your ki t chen?

22 A. Yes, t hat i s t he vi ew f r om my ki t chen.

23 Q. And when you went down t o t he dock or

24 act ual l y when you went down t o your mom, what r out e

25 di d you t ake?


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1 A. Thi s i s my dock, yes.

2 Q. The person t hat you saw on t he J et Ski

3 when you f i r st r an out , wher e appr oxi mat el y on t hi s

4 phot ogr aph di d you see t hi s person?

5 A. Pr obabl y i n t hi s ar ea her e ( i ndi cat i ng) .

6 THE COURT: I f you' r e abl e t o t ur n ar ound

7 so t hat t he ot her si de can see. I f you br i ng i t

8 up over here next t o hi m, t hen everyone can see

9 i t .

10 A. Pr obabl y about t hi s ar ea her e

11 ( i ndi cat i ng) .

12 Q. And t hen af t er you saw t hat , what di d you

13 do?

14 A. I mean, I di dn' t r eal l y know what was

15 goi ng on. I was ver y conf used obvi ousl y. I went t o

16 my mot her who was by t he seawal l .

17 Q. And where was your mom i n r el at i on t o t he

18 gr ass and t he seawal l ?

19 A. I don' t r emember exact l y whet her she was

20 st andi ng on t he seawal l or t he gr ass, but I know i t

21 was i n t he ar ea near t he bor der , I suppose.

22 Q. I wi l l show you Def endant ' s A- 4 f or I D.

23 And t hi s shows - - I t hi nk i t shows t he wal kway you

24 r an down and i t shows some gr ass and i t shows t he

25 seawal l , cor r ect ?


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1 A. Yes, t hi s ar ea r i ght her e ( i ndi cat i ng) .

2 Q. When you got out t her e, when di d you see

3 t hi s ot her per son, when you got t o t he si de of your

4 mom?

5 A. The ot her per son t hat I saw t he f i r st t i me

6 or t he - -

7 Q. No, t he per son t hat was i nvol ved i n t he

8 event .

9 A. Yes, he was r i ght bel ow t he seawal l i n

10 t hi s ar ea ( i ndi cat i ng) .

11 Q. Was your mom t al ki ng on t he phone or

12 t al ki ng t o 911 at t hi s poi nt do you know?

13 A. Yes, I bel i eve she was.

14 Q. Do you know what your mom was sayi ng t o

15 911?

16 A. I di dn' t hear exact l y what she was sayi ng.

17 She sounded r eal l y scar ed, hyst er i cal .

18 Q. When you f i r st saw t hi s man on t he wave

19 r unner , do you know i f t hat f r ont compar t ment t hat

20 we' ve seen bef ore, was t hat open?

21 A. I bel i eve i t was.

22 Q. And wer e you abl e t o see what t he man was

23 doi ng on t he wave r unner at t hat poi nt ?

24 A. No, I coul dn' t . Hi s hands wer e i nsi de of

25 t he compar t ment f r om where I was.


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1 Q. Do you know wher e hi s hands wer e?

2 A. I nsi de of t he compar t ment .

3 Q. At t hat poi nt was t he man st andi ng up or

4 st r addl i ng t he wave r unner or si t t i ng down?

5 A. He was st andi ng up and st r addl i ng t he wave

6 r unner .

7 Q. You sai d hi s hands wer e i n t he

8 compar t ment . Was he l eani ng f orward at al l ?

9 A. Yes.

10 Q. Was t he engi ne r unni ng at t hat poi nt ?

11 A. The engi ne was r unni ng, yes.

12 Q. And was t he wave r unner when you f i r st saw

13 i t , was i t movi ng wi t hi n t hat T i n any speci f i c

14 di r ect i on?

15 A. I t was t ur ni ng i n a ci r cl e past t he - - i t

16 kept movi ng sout h, I guess.

17 Q. When you got t o your mom, when you got t o

18 her si de, di d she t el l you anyt hi ng i ni t i al l y?

19 A. She di d.

20 Q. What di d she t el l you?

21 A. She t ol d me t he man had a gun.

22 Q. When she t ol d you t he man had a gun, where

23 wer e you at t hat poi nt ?

24 A. I was st andi ng next t o her .

25 Q. Di d she yel l t hat t o you or how di d she


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1 expr ess t hat t o you?

2 A. She j ust t ol d me. She di dn' t whi sper i t .

3 She di dn' t yel l i t . She t ol d me. I was st andi ng

4 next t o her .

5 Q. Now, you never saw what we' ve t al ked

6 about , t hi s bl ack r ecei ver devi ce t hat t he J udge has

7 seen and ever yone has seen her e, you never saw t hat

8 dur i ng t hi s event , di d you?

9 A. I never saw t hat .

10 Q. You never saw hi m br andi sh i t , cor r ect ?

11 A. I di d not .

12 Q. When your mom sai d t hat he had a gun, what

13 di d you t hi nk? Where di d you t hi nk t he gun was?

14 A. I assumed, af t er f i ndi ng t hat out , t hat

15 t hat was i n t he compar t ment t hat t he man was

16 f umbl i ng i n.

17 Q. Di d your mom say anyt hi ng t o t he man t hat

18 you r ecal l , J ack, about t he gun or doi ng anyt hi ng

19 wi t h i t ?

20 A. I r emember my mom yel l i ng t o hi m t o l et i t

21 go i n r ef er ence t o t he weapon on mul t i pl e t i mes.

22 Q. And di d you see any change at t hat t i me i n

23 what t he man was doi ng when your mom sai d t hat ?

24 A. No, he cont i nued f umbl i ng i n t he f r ont

25 compar t ment .


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1 Q. We ar e t aki ng each event now speci f i cal l y

2 i n cer t ai n segment s. But di d t hi s ent i r e epi sode

3 i nvol vi ng you, di d t hat happen over a shor t per i od

4 of t i me?

5 A. Yes.

6 Q. We' ve hear d t he 911 t ape and we know how

7 l ong i t was bef or e t he shot was f i r ed. How l ong do

8 you t hi nk you wer e act ual l y down t her e bef or e t he

9 shot was f i r ed i f you have any est i mat e?

10 A. My est i mat e probabl y around 30 seconds

11 maxi mum.

12 Q. Now, af t er your mom sai d l et i t go, you

13 di dn' t not i ce anyt hi ng di f f er ent i n t er ms of t he

14 man' s behavi or , cor r ect ?

15 A. No, I di d not .

16 Q. At some poi nt di d you br andi sh at al l t he

17 weapon to t hi s man?

18 A. I di d. I hel d i t i n f r ont of me and

19 r acked i t whi l e we were maki ng eye cont act .

20 Q. When you r acked i t when you wer e maki ng

21 eye contact , di d t he man change hi s demeanor or do

22 anyt hi ng r i ght at t hat poi nt ?

23 A. No, whi ch f r i ght ened me t he most .

24 Q. Was i t goi ng t hr ough your mi nd i f t he man

25 was st eal i ng t he wave r unner , why he wasn' t at t hat


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1 poi nt t aki ng of f i nt o t he bay?

2 A. I coul dn' t under st and why he woul d st i l l

3 be t her e. I f he was robbi ng t he wave r unner , he

4 woul d have been gone by t he t i me I had got t en

5 downst ai r s.

6 Q. Af t er you r acked t he weapon at some poi nt

7 di d t hi s man begi n t o move out f r om t he ar ea of t he

8 T t hat you descr i bed out mor e t owar d t he bay?

9 A. Not unt i l a l i t t l e bi t af t er I r acked t he

10 weapon. I t was not a r eact i on t o i t . I r emember

11 t hat speci f i cal l y.

12 Q. About how l ong af t er you r acked t he weapon

13 di d you see t hi s man movi ng out t owar d the bay?

14 A. A f ew seconds l at er , l i ke f i ve.

15 Q. Do you know whet her t he wave r unner was - -

16 whet her t he t hr ot t l e was act i vat ed or whet her i t was

17 i dl e? Do you know ei t her way?

18 A. I woul d i magi ne i t was i n i dl e. I t wasn' t

19 movi ng very f ast when i t was movi ng out .

20 Q. Can t hi s wave r unner move f orward i n a

21 st r ai ght di r ect i on i f you hol d ont o t he handl ebar s,

22 i f you know, i f i t ' s si mpl y j ust i n i dl e as opposed

23 t o act i vat i ng t he t hr ot t l e?

24 A. Yes, i t can move f orward whet her or not

25 i t ' s bei ng act i vat ed by t he t hr ot t l e.


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1 Q. When you saw t he man headi ng away f r om t he

2 seawal l , i s t hat t he gener al di r ect i on he was

3 headi ng, you saw hi m headi ng away f r om t he seawal l ?

4 A. I di d.

5 Q. What was goi ng t hr ough your mi nd at t hat

6 poi nt ?

7 A. At t hat poi nt I t hought he was pr obabl y

8 l eavi ng and my mom t ol d me t o wai t .

9 Q. Di d t he man keep bot h hands i n t he

10 compar t ment t he ent i r e t i me you saw hi m?

11 A. At t hi s poi nt he had one hand i n t he

12 compar t ment and t he ot her hand was on t he

13 handl ebar s.

14 Q. Do you know whi ch hand was on - -

15 A. I don' t r emember .

16 Q. - - t he compar t ment and whi ch hand was on

17 t he handl ebar s?

18 A. I don' t r emember whi ch hands.

19 Q. Then af t er you saw t hi s man begi n t o move

20 away f r om where you were i n t he ar ea of t he seawal l

21 and t he gr ass, what di d you obser ve next ?

22 A. Agai n, he began t o move out t owar d t he

23 bay. My mot her t ol d me t o wai t . As he di d t hi s, he

24 began t o make a r i ght - - a shar p r i ght back t owar ds

25 t he dock.


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1 Q. Woul d t hat be cl ockwi se?

2 A. Yes, I t hi nk so.

3 Q. And when he went back t owar d t he dock, ar e

4 you t al ki ng about t he st r ai ght par t of t he T i n

5 gener al t owar d t hat ar ea, or j ust i n gener al back

6 t oward t he T ar ea of t he dock?

7 A. Back t owar ds, I guess, t he cl osest pi l ar

8 of t he f ur t hest T. I t ' s a l i t t l e bi t har d t o

9 descr i be.

10 Q. And when he di d t hat , was he goi ng t he

11 same speed?

12 A. Yes, j ust about .

13 Q. Di d he make eye cont act wi t h you at t hat

14 poi nt ?

15 A. He di d.

16 Q. And descr i be t he eye cont act t hat you had

17 and what was goi ng t hr ough your mi nd, J ack, at t hat

18 poi nt when t he man, af t er begi nni ng t o move away,

19 t ur ned back t owar d t he di r ect i on, at l east t owar d

20 t he seawal l and t oward your dock, what was goi ng

21 t hr ough your mi nd?

22 A. I mean, I was t er r i f i ed. My mot her was

23 t er r i f i ed, especi al l y when he made a r i ght back

24 t owar ds t he dock. He made eye cont act wi t h me. He

25 l ooked - - I mean, menaci ng, I guess, i s t he best


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1 wor d.

2 Q. At t hat poi nt was t he opt i on f or you t o

3 get your mom and j ust r un back t o t he house when he

4 had moved back t owar ds at l east i n t he di r ect i on of

5 t he seawal l ?

6 A. That was def i ni t el y not i n my head.

7 Q. Why i s t hat?

8 A. Runni ng back i nt o t he home at t hat poi nt

9 woul d have made us easy t ar get s. Wi t h my knowl edge

10 at t he t i me, I t hought he had a gun. Runni ng back

11 woul d not have been a good i dea.

12 Q. And af t er he made t hi s move, do you

13 r emember what di r ect i on - - when he t urned back, made

14 t hat r i ght - hand t ur n t hat you sai d, do you r emember

15 appr oxi mat el y what di r ect i on he woul d have been

16 headi ng back i nt o t he ar ea of t he T?

17 A. He woul d have been headi ng sout h i nt o t he

18 T.

19 Q. What happened next , i f you can expl ai n t o

20 t he J udge?

21 A. Af t er t hat , my mot her - - as he made a

22 shar p r i ght , we made eye cont act , and my mot her t ol d

23 me t o shoot and I r ai sed my weapon and pul l ed t he

24 t r i gger .

25 Q. Now, af t er you r acked t he shot gun


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1 or i gi nal l y, what di d you do wi t h i t ? Di d you put i t

2 down on your si de? Di d you keep i t up at wai st

3 l evel ? What di d you do wi t h t he shot gun?

4 A. Af t er r acki ng t he shot gun, I hel d i t t o my

5 chest . I had not poi nt ed i t yet . I was st i l l

6 hol di ng i t t her e. I r acked i t so t hat he coul d see

7 i t and hear i t and I hel d i t t her e, yes.

8 Q. And t hen you sai d t o t he J udge at some

9 poi nt your mom sai d shoot , r i ght ?

10 A. She di d, yes.

11 Q. Even i f your mom di dn' t say shoot , based

12 upon what was goi ng on t hrough your mi nd at t hat

13 poi nt and your bel i ef t hat he had a gun, woul d you

14 have shot anyway even i f your mom di dn' t t el l you

15 that?

16 A. Absol ut el y.

17 Q. When t he man t ur ned back at you and your

18 mom sai d shoot , t el l t he J udge what you di d wi t h t he

19 shot gun at t hat poi nt f r om t he t i me you hear d t hat

20 di r ect i on f r om her unt i l t he t i me you act ual l y shot ?

21 A. My mot her t ol d me t o shoot . I r ai sed t he

22 weapon up t o my l i p, hel d i t l i ke a r i f l e, and I

23 shot .

24 Q. Di d you ai m speci f i cal l y at hi m or i n t he

25 di r ect i on or di d you ai m at al l ?


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22

1 A. Wel l , wi t h a shot gun poi nt ed i n t he

2 gener al di r ect i on, I poi nt ed i n t he gener al

3 di r ect i on of hi m.

4 Q. Now, f r om t he t i me your mom sai d shoot

5 unt i l t he t i me you act ual l y f i r ed, I t hi nk we' ve

6 hear d t he 911 t ape, i t ' s about t hr ee or f our

7 seconds, dependi ng on act ual l y how cl osel y you

8 l i st en t o i t .

9 MR. DURKEE: Obj ect i on, l eadi ng, Your

10 Honor .

11 THE COURT: Sust ai ned t o t he f or m of t he

12 quest i on.

13 Q. Wel l , I t hi nk we wi l l be abl e t o count how

14 many seconds i t was. Fr om t he t i me your mom sai d

15 shoot and f r om t he t i me you shot , do you know what

16 t he man di d on t he wave runner ?

17 A. No, I was r ai si ng my weapon.

18 Q. Wer e you l ooki ng at t hat per i od of t i me as

19 t o wher e hi s f ace was or i f he changed di r ect i on or

20 l ooked t he ot her way, di d you see t hat ?

21 A. I di dn' t see wher e he was l ooki ng.

22 Q. How about t he wave r unner , i n t hat t i me

23 f r om when your mom sai d shoot , do you r ecol l ect

24 whet her t he wave r unner moved at al l i n t er ms of i t s

25 or i ent at i on or di r ect i on?


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23

1 A. I don' t bel i eve i t di d but , agai n, I was

2 r ai si ng my weapon. I wasn' t payi ng at t ent i on t o

3 wher e he was f aci ng or t he wave r unner .

4 Q. Af t er you f i r ed, what di d you observe?

5 A. I saw t he man sl umped over t he f r ont of

6 t he handl ebar s. I saw t hat . I knew t hat t he danger

7 was gone and I wal ked back t owar ds t he house.

8 Q. Di d you ever see or do you r ecol l ect at

9 whi ch poi nt , i f any, t he f r ont compar t ment t hat you

10 had or i gi nal l y seen open ever cl osed? Do you

11 r ecol l ect t hat ?

12 A. I don' t r emember ei t her way.

13 Q. Af t er you shot and you saw t hi s man

14 sl umped f or war d, di d you see r i ght at t hat poi nt

15 what happened t o t he wave r unner ?

16 A. Yes. The moment um car r i ed t he wave r unner

17 i nt o one of t he pol es, I guess, of t he dock. I knew

18 t hat t he danger was over at t hat t i me.

19 Q. Was t hat t he l ast t hi ng you saw?

20 A. Of t he i nci dent , yes.

21 Q. And t hen you went back i nt o t he house.

22 Di d your mom st ay down t her e?

23 A. For a f ew seconds, I t hi nk, or she di d not

24 wal k back wi t h me.

25 Q. When you went back i nt o t he house, what


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24

1 wer e you f eel i ng? Tel l t he J udge what was goi ng

2 t hr ough your mi nd.

3 A. I pl aced t he gun back on t he count er . I

4 sat up agai nst t he r ef r i ger at or and I cr i ed.

5 Q. And when di d you f i r st see your mom?

6 A. I saw my mom a f ew moment s af t er t hat . I

7 di dn' t do anyt hi ng el se. I j ust sat on t he

8 r ef r i ger at or and cri ed.

9 Q. Di d your mom at some poi nt have a t al k

10 wi t h you when she came back i nt o t he house about

11 f i r i ng t he weapon?

12 A. She r an i nt o t he house, saw t hat I was

13 hyst er i cal l y cr yi ng, and t ol d me t hat she had ki l l ed

14 hi m. I t was her f aul t .

15 Q. And di d you go al ong wi t h t hat at t hat

16 poi nt ?

17 A. I mean, I was i n a st at e of - - I mean, my

18 emot i onal st at e was i ndescr i babl e. What ever she

19 sai d i t st uck.

20 Q. Ther e i s no quest i on, t hough, J ack, i s

21 t her e t hat you f i r ed t he shot gun, i s t her e?

22 A. Ther e i s no quest i on, no.

23 Q. Were you ever i nt ervi ewed or st at ement i zed

24 at al l at t he scene about t he event s t hat t r anspi r ed

25 unt i l , I bel i eve, Det ect i ve Nye i nt er vi ewed you a


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25

1 coupl e mont hs l at er ?

2 A. I was not i nt er vi ewed, no.

3 Q. At t he t i me you f i r ed t he weapon, J ack,

4 what was goi ng t hrough your mi nd as t o why you had

5 t o f i r e i t at t hat poi nt ?

6 A. At t hat poi nt I f el t t hat i t was ei t her

7 hi m or us. I f el t l i ke my l i f e was i n danger . I

8 f el t l i ke my f ami l y' s l i ves wer e i n danger . I

9 wasn' t goi ng t o wai t t o f i nd out .

10 Q. Di d your mom af t er t hi s i nci dent ever t el l

11 you t o l i e about t he event and go on and essent i al l y

12 go al ong wi t h t he st or y t hat t he ent i r e t hr eat

13 i nvol vi ng you or your mom was made up and t hat t hat

14 was t he ver si on of t he shor t st or y t hat you had t o

15 go wi t h?

16 A. She never t ol d me t hat .

17 THE COURT: I di dn' t hear t he answer .

18 THE WI TNESS: She di dn' t say anyt hi ng l i ke

19 t hat , no.

20 Q. When t he man st ar t ed comi ng back t owar d

21 t he dock, t owar d t he di r ect i on - - wel l , of t he

22 seawal l t hat you have descr i bed, ar e you l yi ng about

23 that?

24 A. I ' m not l yi ng about t hat .

25 Q. Now, we hear d i n t hi s case t hat accor di ng


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26

1 t o, I bel i eve, cer t ai nl y t he exper t s t hat have been

2 r et ai ned by t he Munoz f ami l y, and I bel i eve t hei r

3 at t or neys, t hat act ual l y what happened her e was t hat

4 Mr . Munoz was at t empt i ng t o - -

5 MR. DURKEE: Obj ect i on, Your Honor . Thi s

6 i s an i mpr oper quest i on. He' s t al ki ng about

7 exper t t est i mony cr ossi ng exami ni ng a wi t ness.

8 THE COURT: Yes, I t hi nk you' r e havi ng hi m

9 comment on what someone el se i s goi ng t o say

10 whi ch woul d be obj ect i onabl e. So i t can be

11 asked i n a cer t ai n way, but not t he way i t was

12 phr ased. So I wi l l sust ai n t he obj ect i on.

13 MR. MURPHY: I wi l l ask i t a di f f er ent

14 way, J udge.

15 Q. ( By Mr . Mur phy) J ack, di d you f i r e t hi s

16 weapon at Mr . Munoz when he was f l eei ng t he ar ea of

17 your home si mpl y because he was st eal i ng your wave

18 r unner ?

19 A. No, I di d not shoot hi m because he was

20 st eal i ng t he wave r unner .

21 Q. Woul d you ever , ever , i f you coul d t el l

22 t he J udge, f i r e and shoot at someone wi t h t he i dea

23 t hat t hey coul d be ser i ousl y hur t or ki l l ed si mpl y

24 because t hey were t aki ng somet hi ng t hat bel onged t o

25 you?


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27

1 A. Of cour se not , no.

2 MR. MURPHY: That ' s al l t he quest i ons t hat

3 I have, J udge.

4 THE COURT: Thank you.

5 Cr oss exami nat i on, Mr . Dur kee.

6 MR. DURKEE: Yes, Your Honor , t hank you.

7 CROSS EXAMI NATI ON

8 BY MR. DURKEE:

9 Q. Good morni ng, Mr . Davi s.

10 A. Good mor ni ng.

11 Q. We met bef or e, cor r ect ?

12 A. We have, yes.

13 Q. Fi r st of al l , at t he t i me of t hi s i nci dent

14 you wer e onl y 14. I s t hat r i ght ?

15 A. I was 14, yes, si r .

16 Q. You wer e a mi nor , cor r ect ?

17 A. Yes , s i r .

18 Q. And what gr ade were you i n at t hat t i me?

19 A. I was i n 9t h gr ade, a f r eshman i n hi gh

20 school .

21 Q. So you j ust st ar t ed hi gh school at t hat

22 poi nt ?

23 A. Yes , s i r .

24 Q. Now, when your si st er came i nt o your

25 bedr oom, t he f i r st communi cat i on you had t hat


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28

1 anyt hi ng was wr ong was your si st er sayi ng t hat you

2 wer e bei ng r obbed, cor r ect ?

3 A. Yes, my si st er ent er ed my r oom as I was

4 st udyi ng and she was qui t e emot i onal . She sai d t hat

5 we wer e bei ng r obbed and mom sai d t o grab t he gun.

6 Q. And she di dn' t t el l you at t hat t i me t hat

7 mul t i pl e peopl e wer e at t acki ng t he home, r i ght ?

8 A. She di dn' t say anyt hi ng about t hat , no,

9 s i r .

10 Q. She di dn' t say anyt hi ng about a home

11 i nvasi on at t hat poi nt , cor r ect ?

12 A. No, s i r .

13 Q. The onl y t hi ng she sai d at t hat poi nt was

14 t hat t her e was a r obber y?

15 A. Yes , s i r .

16 Q. Now, when you heard t hi s al ar mi ng news,

17 you r an i nt o t he mast er bedr oom - -

18 MR. DURKEE: I woul d l i ke t o mark t hese

19 f or I D.

20 THE CLERK: Pl ai nt i f f ' s 1- G f or I . D.

21 THE COURT: I am goi ng t o gi ve you a copy,

22 Your Honor .

23 Q. ( By Mr . Dur kee) I have marked t he one.

24 Does t hi s Pl ai nt i f f ' s Exhi bi t 1- G accur at el y r ef l ect

25 what your par ent s' bedr oom l ooked l i ke on t hat


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29

1 occasi on?

2 A. Yes, i t does.

3 Q. And when you went i nt o t he mast er bedr oom,

4 you accessed a shot gun t hat had been st r apped wi t h

5 Vel cr o t ape under t he mast er bed. I s t hat r i ght ?

6 A. Yes, i t was Vel cr o' d bet ween a f ew of t he

7 bedboards.

8 Q. Let me show you a composi t e of t hree

9 pi ct ur es t hat we have mar ked as Pl ai nt i f f ' s 1- H wi t h

10 A, B and C. Do t hese phot ogr aphs accurat el y depi ct

11 t he way t he f i r ear m was st or ed under neat h t he bed

12 when you accessed i t ?

13 A. Thi s one i s j ust a - -

14 Q. Oh, I ' m sor r y. Let me see t hat . I ' m

15 sorry.

16 A. That ' s f i ne. The t wo ar e - -

17 Q. Let me see t hose r eal qui ckl y.

18 For t he r ecor d, j ust so we ar e accur at e on

19 t he r ecor d, we have C, 1- HC f or I D and 1- HB f or I D.

20 Do t hese t wo pi ct ur es accur at el y depi ct t he way t he

21 f i r ear m was st or ed at t he t i me you accessed t he

22 weapon?

23 A. From what I r emember , t hese r ef l ect t he

24 way i t was st or ed.

25 Q. And basi cal l y t he way i t was st or ed was


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30

1 j ust put - - i t was l oaded, cor r ect ?

2 A. I t was l oaded but not chambered, yes.

3 Q. I t wasn' t chambered, but t here was

4 ammuni t i on i n i t ?

5 A. Yes , s i r .

6 Q. And i t was st r apped underneat h t he bed

7 wi t h Vel cr o t ape?

8 A. Yes.

9 Q. And t hat was t he sol e way t hat t hat

10 shot gun was st ored?

11 A. Yes, t he shot gun was pl aced bet ween t he

12 bedboar ds and was doubl y st r apped wi t h t he Vel cr o.

13 So t hat woul d r emai n t here.

14 Q. And t he way i t was st or ed, i n or der t o

15 gr ab i t and go, i t t ook a mat t er of seconds?

16 A. Yes, I was abl e t o unl at ch i t pr et t y

17 qui ckl y.

18 Q. Now, we t al ked about you r unni ng down t he

19 st ai r s and t hen out of t he house. Now, when you di d

20 t hat , and I wi l l r ef er ence - -

21 MR. DURKEE: Your Honor , may I appr oach

22 t he wi t ness?

23 THE COURT: Of cour se.

24 MR. DURKEE: I am j ust doi ng t hi s so

25 everybody can see.


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31

1 Q. But when you r an out i nt o t he backyar d,

2 you accessed t he backyar d t hr ough t hi s door i n your

3 ki t chen. I s t hat cor r ect ?

4 A. Yes , s i r .

5 Q. Now, when you r an t hr ough t hi s door goi ng

6 on your way t o t he backyar d, you r an r i ght past an

7 al ar m secur i t y pad, cor r ect ?

8 A. Yes.

9 Q. Now, t hat al ar m secur i t y pad has a pani c

10 but t on on i t , cor r ect ?

11 A. Yes.

12 Q. You were 14 years ol d, a f r eshman i n hi gh

13 school at t hat t i me, di d you know how t o use t hat

14 secur i t y devi ce f or your home?

15 A. The al arm?

16 Q. Yes.

17 A. I di d not know t he code f or t he al ar m, no.

18 Q. So you, at 14 year s ol d, had not been t ol d

19 by your parent s t he code on how t o t ur n t he al arm

20 of f or t ur n t he al ar m on?

21 A. Wel l , t he al ar m was of f at t he t i me so I

22 woul dn' t have needed t o anyways. But , no, I never

23 spoke t o t hem about how t o work t he al arm syst em,

24 no.

25 Q. So I guess I j ust want t o make sure I am


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33

1 A. The f i r st per son was not wi t hi n t he T of

2 t he dock, no.

3 Q. Now, t he f i r st per son t hat you saw on a

4 wave runner was f ar enough away t hat t he onl y t hi ng

5 t hat you coul d r ecogni ze was possi bl y t hat he had

6 dar k hai r , l ong dar k hai r . I s t hat r i ght ?

7 A. Yes.

8 Q. You coul d not t el l how many peopl e were on

9 t her e, cor r ect ?

10 A. I coul d not t el l t hat , no.

11 Q. You di dn' t r ecogni ze t he per son, cor r ect ?

12 A. I di d not .

13 Q. You coul dn' t t el l what ski n col or t hey

14 had, cor r ect ?

15 A. I coul d not , no, s i r .

16 Q. You coul dn' t t el l whet her t he per son had a

17 shi r t or a l i f e vest on, cor r ect ?

18 A. I coul d not t el l .

19 Q. You coul dn' t t el l whet her t hat per son had

20 shor t s on, cor r ect ?

21 A. No, s i r .

22 Q. You coul dn' t t el l whet her t hat per son had

23 shoes on, cor r ect ?

24 A. No, s i r .

25 Q. You coul dn' t see anyt hi ng i n t hat per son' s


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35

1 A. They had been st andi ng t here. I mean, not

2 st andi ng. They had been mot i onl ess. So I had a

3 f eel i ng t hey wer e pr obabl y i nvol ved. Act ual l y, at

4 t he t i me I t hought t hat was pr obabl y our J et Ski .

5 But , no, I wasn' t sur e as t o what t he r ol e

6 was. I di dn' t know - - I r eal l y di dn' t know what was

7 goi ng on.

8 Q. You di dn' t know whet her i t was a man or a

9 woman, di d you?

10 A. I di d not .

11 Q. But , I mean, when you gave your st at ement

12 t o t he pol i ce of f i cer s, when you f i nal l y gave a

13 st at ement , you t ol d t hem t hat you wer e conf used and

14 you di dn' t know whet her t hey had anyt hi ng t o do wi t h

15 t hi s i nci dent , r i ght ?

16 A. Yes. I was conf used about essent i al l y

17 ever yt hi ng.

18 Q. So, I mean, as I sai d bef or e, you saw a

19 wave r unner out east of t he dock, sout h of i t pr et t y

20 f ar away. You coul dn' t r ecogni ze anyt hi ng about

21 t hat wave r unner , r i ght ?

22 A. No, not f r om what I r ecal l .

23 Q. And t he onl y t hi ng i t di d was dr i ve away?

24 A. Wel l , i mmedi at el y i t was st andi ng st i l l

25 f or a f ew moment s and t hen, yes, af t er a f ew moment s


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36

1 i t sped sout h.

2 Q. I t st ayed st i l l f or a second and t hen

3 dr ove of f sout h?

4 A. Yes , s i r .

5 Q. At t hat t i me you wer en' t sure whet her t hat

6 wave r unner had anyt hi ng t o do wi t h t hi s i nci dent ,

7 r i ght ?

8 A. I di dn' t know whet her i t was i nvol ved or

9 not .

10 Q. Whoever was on t hat wave r unner , t hey

11 obvi ousl y di dn' t do anyt hi ng t o cause you any f ear ,

12 correct?

13 A. No. No, si r .

14 Q. Now, when you f i r st came out of t he door ,

15 I t hi nk we est abl i shed t hr ough your t est i mony t hat

16 your mot her was basi cal l y on t he bor der of t he

17 seawal l and t he gr ass. I s t hat r i ght ?

18 A. Yes , s i r .

19 Q. And when you came out of t he house, and

20 she was out by t he edge of t he seawal l , she was

21 al r eady on t he phone wi t h 911, cor r ect ?

22 A. Yes, f r om what I r emember she was al r eady

23 on t he phone.

24 Q. So t he ent i r e t i me t hat you i nt er act ed

25 wi t h your mom al l t he way up t o t he t i me she was


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37

1 t al ki ng t o you i nsi de t he ki t chen, she was on t he

2 phone wi t h 911, cor r ect ?

3 A. Yes , s i r .

4 Q. Now, you proceeded t o go down t hi s wal kway

5 t hat we have seen, go al l t he way down by t he end of

6 t he seawal l , but by t he t i me you got t o t he seawal l ,

7 as we t al ked about , t he ot her wave runner had dr i ven

8 of f and was no l onger i n t he vi ci ni t y?

9 A. No. Yes, by t he t i me I r eached my mom,

10 t he ot her wave r unner was gone pr et t y f ar sout h,

11 yes.

12 Q. Now, as you wal ked t owar ds your mot her and

13 you st ar t get t i ng cl oser and cl oser - - we have

14 mar ked t hi s as Pl ai nt i f f ' s 1- I f or I D. Thi s i s

15 basi cal l y t he st ep ar ea. I s t hat r i ght ?

16 A. Yes.

17 Q. And t hen you proceed - - your mot her was

18 out her e by t he edge of t he seawal l . I s t hat r i ght ?

19 A. Yes , s i r .

20 Q. And you proceeded t o come back out her e

21 and st ar t wal ki ng t owar ds her . As you di d, you saw

22 somebody ver y cl ose t o t he seawal l and you real l y

23 coul dn' t see t hi s per son because t hey are down by

24 t he wat er when you f i r st came out of t he house. I s

25 t hat r i ght ?


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38

1 A. When I f i r st exi t ed t he house, yes, I

2 coul dn' t see t hat per son.

3 Q. You coul dn' t see anybody ot her t han t he

4 per son t hat was way out f ar away f r om t he dock?

5 A. I mean, I coul d see my mom and t hat was

6 i t .

7 Q. Then you went t owar ds your mot her and as

8 you got cl oser and cl oser , t hat ' s when you st ar t ed

9 t o r eal i ze t her e was anot her per son i n f r ont of your

10 mot her on a wave r unner?

11 A. Yes.

12 Q. And t hen when you saw t hat per son, you

13 r eal i zed, or at l east you t hought , t hat t hat per son

14 was on your wave r unner . I s t hat r i ght ?

15 A. Yes.

16 Q. I t hi nk we est abl i shed t hi s, but he was

17 l ef t of t he dock. I s t hat r i ght ?

18 A. Yes, he was on t he l ef t si de of t he dock.

19 Q. He was i n f r ont of your mot her?

20 A. Yes.

21 Q. And at t hat poi nt he was pr obabl y under

22 15 f eet away f r om t he seawal l ?

23 A. Pr obabl y, yes.

24 Q. At t hat moment t he wave r unner was

25 def i ni t el y of f of your pr oper t y, of f of your seawal l


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39

1 and i nt o t he bay, cor r ect ?

2 A. He was i n t he water , yes.

3 Q. At t hat moment t he f el l ow who was on t he

4 wave r unner was compl et el y of f your pr oper t y, he was

5 of f t he seawal l and he was on t he wave runner whi ch

6 was i n t he bay?

7 A. Yes.

8 Q. Now, at t hat poi nt you have your shot gun

9 wi t h you. I s t hat r i ght ?

10 A. I do.

11 Q. And when you come up by your mot her wi t h a

12 shot gun, t he per son on t he wave runner makes eye

13 cont act wi t h you?

14 A. Yes, he does.

15 Q. You woul d assume he saw you, cor r ect ?

16 A. Yes.

17 Q. You woul d assume he saw t he gun?

18 A. Yes.

19 Q. At t hat poi nt t hi s f el l ow who sees you

20 wi t h a shot gun, he doesn' t have any react i on?

21 A. No. At t hat poi nt I saw t hat we ar e

22 maki ng eye cont act and I r acked i t so t hat he coul d

23 see I was r acki ng i t .

24 Q. Ri ght , but bef or e you r acked i t , he l ooks

25 up f r om t he wave runner and he sees you wi t h a


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40

1 shot gun and he doesn' t have any r eact i on?

2 A. The expr essi on di d not change, no.

3 Q. He di dn' t j ump of f t he wave r unner and t r y

4 t o swi m away?

5 A. No, s i r .

6 Q. He di dn' t t r y t o mot or t he wave r unner

7 f r om you?

8 A. No, s i r .

9 Q. He had no r eact i on?

10 A. No, s i r .

11 Q. And at t hi s moment when you f i r st saw hi m,

12 he was l eani ng over t he f r ont of t he wave runner

13 wi t h bot h hands i n t he f r ont compar t ment . I s t hat

14 correct?

15 A. I ni t i al l y, yes.

16 Q. And t he f r ont compar t ment was open?

17 A. I t was.

18 Q. Let me show you what I have mar ked as 1- J

19 f or i dent i f i cat i on.

20 A. Yes , s i r .

21 Q. Now, I know I am not exact l y t he same

22 pr opor t i on as Mr . Munoz, but I do bel i eve t hi s i s

23 exact l y t he same r epl i ca of your wave r unner . I

24 mean, gener al l y t hi s i s t he way you per cei ved t hi s

25 i ndi vi dual when you f i r st saw hi m l eani ng over t he


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41

1 f r ont handl ebar s and hi s hands goi ng i nt o t he f r ont

2 compar t ment . I s t hat t r ue?

3 A. Yes.

4 Q. Thi s i s gener al l y how he was si t uat ed?

5 A. Gener al l y how I saw hi m, yes.

6 Q. And he r emai ned i n t hat posi t i on basi cal l y

7 t he ent i r e t i me up t o t he poi nt wher e he st ar t ed t o

8 mot or away. I s t hat r i ght ?

9 A. He r emai ned l i ke t hat unt i l t he J et Ski

10 began t o move i n a cl ockwi se mot i on, yes.

11 Q. So he r emai ned l eani ng over t hese

12 handl ebar s l ooki ng at you wi t h bot h hands i n t he

13 f r ont compar t ment al l t he way f r om t he t i me he

14 st ar t ed t o mot or away and goi ng i n t hat cl ockwi se

15 posi t i on away f r om t he seawal l , r i ght ?

16 A. Yes.

17 Q. Now, when you f i r st st ar t t o come down t o

18 t he seawal l whi l e t hi s i ndi vi dual , accor di ng t o your

19 t est i mony, has hi s hands i n t he f r ont compar t ment ,

20 your mot her i s yel l i ng, yel l i ng, "Let i t go. Let i t

21 go. J ust l et i t go, " or somet hi ng t o t hat af f ect .

22 I s t hat r i ght ?

23 A. Somet hi ng t o t hat af f ect , yes.

24 Q. Now, she was exci t ed, al ar med, cor r ect ?

25 A. She was t er r i f i ed, yes.


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42

1 Q. And she was scr eami ng, "Let i t go"?

2 A. Yes.

3 Q. I n t he mi x of t hi s commot i on, she t hen

4 says t o you t hat he has a gun?

5 A. Wel l , she t ol d me he had a gun i mmedi at el y

6 upon ar r i val . Thi s i s bef or e she t ol d hi m t o l et i t

7 go f r om what I r emember .

8 Q. Let me di r ect you t o Page 42 of your

9 t est i mony. I t hi nk you f i r st t ol d me i n your

10 deposi t i on t hat when you f i r st went down t o t he

11 seawal l , t he f i r st t hi ng your mot her sai d was she

12 was scr eami ng at t he f el l ow i n t he wat er t o, "Let i t

13 t o, j ust l et i t go. "

14 A. I mean, i t ' s possi bl e, but I def i ni t el y - -

15 t he f i r st t hi ng I r emember bei ng t ol d t o me was t hat

16 he had a gun, t he f i r st wor ds di r ect ed t o me.

17 Q. Now, t hen ei t her shor t l y bef or e t hat or

18 shor t l y t her eaf t er she st ar t ed scr eami ng, "Let i t

19 go"?

20 A. Yes.

21 Q. And she was scr eami ng t hat , r i ght ?

22 A. To hi m, yes.

23 Q. Now, was she scr eami ng, "He has a gun. He

24 has a gun"?

25 A. No, I was st andi ng i nches f r om her so she


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1 j ust t ol d me.

2 Q. Di d she whi sper i t ?

3 A. She sai d i t t o me.

4 Q. Now, di d she t el l you where t he gun was?

5 A. No.

6 Q. And I t hi nk your t est i mony t oday was you

7 j ust assumed t hat i t was i n t he f r ont compar t ment ,

8 but you have no i dea, r i ght ?

9 A. Yes, I assumed i t was i n t he f r ont

10 compar t ment . I di dn' t spot i t r i ght of f t he bat , so

11 yes.

12 Q. And your mot her di dn' t t el l you i t was i n

13 t he f r ont compar t ment , cor r ect ?

14 A. No, she j ust t ol d me he had a gun.

15 Q. Whi l e you were down t here di d she st ar t

16 t el l i ng you or scr eami ng at you t hat t her e may be

17 ot her assai l ant s comi ng at t he pr oper t y?

18 A. No, she di dn' t say anyt hi ng l i ke t hat .

19 Q. Di d she ever warn you ei t her scr eami ng or

20 t el l i ng you t hat she t hought t hese peopl e may be on

21 dr ugs?

22 A. She never t ol d me any of t hat , no.

23 Q. Di d she ever t el l you t hat t hi s may be a

24 home i nvasi on and be car ef ul ?

25 A. She di dn' t say t hat .


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1 Q. I mean, we al r eady est abl i shed when you

2 came out of t he home, dur i ng t he ent i r e t i me she was

3 on t he phone wi t h 911, r i ght ?

4 A. Yes.

5 Q. Now, when you f i r st saw t he wave r unner ,

6 you don' t know as you si t here t oday whi ch way i t

7 was poi nt ed when you f i r st saw hi m, do you?

8 A. I don' t r emember whi ch way, no.

9 Q. When you f i r st saw t he wave r unner , you

10 don' t know whi ch way t he i ndi vi dual was f aci ng

11 exact l y, do you?

12 A. No. Not exact l y, no.

13 Q. And at t hat t i me t he wave r unner was on?

14 The ent i r e t i me when you got t o t he seawal l f r om

15 what you recal l t he wave r unner was on?

16 A. Yes, t he engi ne was r unni ng.

17 Q. And you t hought i t was i n i dl e because he

18 di dn' t have any hands on t he handl ebar s, r i ght ?

19 A. Yes.

20 Q. Now, you st at ed here t oday t hat your

21 exper i ence wi t h t he wave r unner i s i f i t ' s of f , i t

22 wi l l move f or war d, cor r ect ?

23 A. I f i t ' s of f , i t won' t move anywher e.

24 Q. I ' m sor r y, you' r e cor r ect . I f i t ' s on but

25 i n i dl e, i t wi l l move f or war d?


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1 A. I f i t ' s on whi l e i n i dl e, yes, i t wi l l

2 chug f orward.

3 Q. And you know f or a f act t hat i t was on

4 when you went down t o t he seawal l , r i ght ?

5 A. Yes.

6 Q. Now, when I t ook your deposi t i on, I t hi nk

7 you t ol d me t hat you wer e not sure whet her a wave

8 r unner woul d go f orwar d or not go f orward when i t

9 was i n t he i dl e posi t i on. I s t hat somet hi ng you

10 have now come t o know?

11 A. I have come t o know t hat now. I di dn' t

12 underst and how a wave r unner worked speci f i cal l y.

13 Q. So t hat ' s somet hi ng t hat you came upon

14 af t er you wer e deposed. I s t hat r i ght ?

15 A. Yes.

16 Q. I mean, as you t ol d me, when you came on

17 t he seawal l , t hi s f el l ow was si t t i ng on t he wave

18 r unner . He was st r addl ed on i t . He had hi s hands

19 i n t he f r ont compar t ment and you were abl e t o

20 vi sual i ze hi m i n f r ont of your mot her f or a per i od

21 of t i me bef or e he st ar t ed t o mot or out t owar ds - - i n

22 a cl ockwi se posi t i on, cor r ect ?

23 A. Yes, t he wave r unner t hr oughout most of

24 t he i nci dent was spi nni ng i t sel f . I t was movi ng

25 l i ke t hat . I t wasn' t act ual l y movi ng anywher e, per


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1 se, but i t was spi nni ng.

2 Q. So was i t spi nni ng l i ke a t op or was i t

3 act ual l y dr i vi ng i n ci r cl es?

4 A. I t was not dr i vi ng i n ci r cl es. I t was

5 spi nni ng l i t er al l y l i ke a cl ock.

6 Q. Li ke a cl ock?

7 A. Yes.

8 Q. Or l i ke a t op wher e i t ' s j ust - -

9 A. Or l i ke a t op, yes.

10 Q. I t ' s compl et el y i n a ci r cl e and i t ' s goi ng

11 i n ci rc l es?

12 A. Yes. For t he most par t i t wasn' t movi ng

13 anywher e. I t was j ust spi nni ng.

14 Q. I t hi nk we t al ked about i t , you cont i nued

15 t o make eye cont act wi t h t he i ndi vi dual dur i ng t hi s

16 t i me, cor r ect ?

17 A. Yes, we made eye cont act .

18 Q. And your mot her cont i nued t o scr eam,

19 "St op, stop, l et i t go, " cor r ect ?

20 A. Yes, she scr eamed t hat a f ew t i mes.

21 Q. And at t hat poi nt , you r acked t he shot gun,

22 correct?

23 A. Yes, whi l e maki ng eye cont r act I r acked

24 t he shotgun.

25 Q. Now, you have a f el l ow who i s t r yi ng t o


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1 t ake a wave r unner and he' s i n f r ont of you. He' s

2 now seei ng your mot her , cor r ect ?

3 A. Yes.

4 Q. He' s now seei ng you come out of t he house

5 wi t h a shot gun, cor r ect ?

6 A. Yes.

7 Q. He' s now seei ng you r ack t he shot gun,

8 correct?

9 A. Yes.

10 Q. He' s st i l l si t t i ng t her e maki ng no

11 r eact i on j ust l ooki ng at you?

12 A. He at t hat poi nt cont i nued t o f umbl e wi t h

13 what ever he was f umbl i ng wi t h up f r ont .

14 Q. He di dn' t move out of t he way, cor r ect ?

15 A. No.

16 Q. He di dn' t j ump i n t he wat er ?

17 A. He di d not j ump i n t he wat er .

18 Q. He di dn' t t hr ow on t he accel er at or and

19 t ake of f l i ke a bat out of what ever , cor r ect ? He

20 di dn' t r un?

21 A. No, no.

22 Q. He j ust sat t her e l ooki ng at you?

23 A. Yes.

24 Q. Now, you t ol d me he sat t here f or about

25 t wo t o f our seconds and t hen he st ar t ed t o head out ,


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1 r i ght ?

2 A. I don' t r emember how many seconds. I t ' s

3 possi bl e.

4 Q. You t ol d me i n your deposi t i on a whi l e

5 back t hat i t was about t wo t o f our seconds. Does

6 t hat seem about r i ght ?

7 A. Pr obabl y, yes.

8 Q. Now, at some poi nt t he wave r unner st ar t s

9 t o move i n a cl ockwi se posi t i on away f r om t he

10 seawal l . I s t hat r i ght ?

11 A. Yes, i t began t o move f orward and st op

12 spi nni ng.

13 Q. At t hat poi nt does t he f el l ow on t he wave

14 r unner have bot h of hi s hands i n t he f r ont

15 compar t ment st i l l ?

16 A. No, one hand i s i n t he f r ont compar t ment .

17 The ot her hand, I don' t r emember whi ch, was on t he

18 st eer i ng wheel or handl ebar s.

19 Q. And si nce we are assumi ng - - I mean, you

20 ar e assumi ng at t hi s poi nt he st ar t s t o use t he

21 accel er at or and moves out . I s t hat r i ght ?

22 A. Yes.

23 Q. Or move i n a cl ockwi se di r ect i on?

24 A. Yes.

25 Q. But away f r om t he seawal l ?


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1 A. He was movi ng away f r om t he seawal l .

2 Q. So now you got your mot her out t her e on

3 t he seawal l . You' r e out t her e on t he seawal l . You

4 have a racked shot gun and he' s headi ng out t owards

5 t he bay, r i ght ?

6 A. Yes, out t owar ds t he bay.

7 Q. And he t akes hi s eyes of f of you and your

8 mom and st ar t s l ooki ng away f r om you, cor r ect ?

9 A. Yes.

10 Q. At t hat poi nt you coul d f al l back. I s

11 that true?

12 A. I di d not i mmedi at el y t hi nk t o r un back

13 i nt o t he house when he t ur ned. I mean, i t was a

14 spl i t second.

15 Q. But at t hat moment , nobody was l ooki ng at

16 you, r i ght ?

17 A. For t hat second, yes, no one was l ooki ng

18 at me.

19 Q. The ot her person on t he ot her wave r unner

20 was gone?

21 A. Yes.

22 Q. And you got a shot gun i n your hands,

23 r i ght , f ul l y l oaded and f ul l y r acked, r i ght ?

24 A. Yes.

25 Q. And you don' t t hi nk at t hat poi nt i n your


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1 moment of f ear t o at l east st ar t movi ng back t owards

2 t he house, t he secur i t y of your home?

3 A. I ' m conf used by t he way your quest i on i s.

4 You' r e sayi ng t hat I di d not t hi nk t o wal k - - t o r un

5 back i nt o my house?

6 Q. Yes. You' r e out t her e wi t h a shot gun.

7 You' ve got a f el l ow, you don' t know who he i s, you

8 t hi nk he' s r obbi ng your wave r unner . You' ve got a

9 shot gun i n your hands, your mot her i s r i ght t her e.

10 You r acked i t . You' r e scar ed. Why not st ar t movi ng

11 back t owar ds t he house?

12 A. Wel l , I mean, r unni ng back t owar ds t he

13 house wi l l i mpl y havi ng t o t ur n ar ound.

14 Q. Wel l , no, you coul d back up, coul dn' t you?

15 A. I mean, agai n, t hi s i s spl i t seconds. I

16 wasn' t t hi nki ng about ways I coul d move wi t hout

17 exposi ng my back. I was 14.

18 Q. But you ar e sayi ng t he r eason you di dn' t

19 r un back t o t he house because you wer e scar ed you

20 were goi ng t o t ur n your back and r un?

21 A. I mean, I was t er r i f i ed, per i od. I di dn' t

22 move because I was t er r i f i ed. I wasn' t goi ng t o

23 l eave my mom out on the dock.

24 Q. I f you wer e so t er r i f i ed, why di dn' t you

25 t r y t o get away f r om what was t er r i f yi ng you?


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1 A. I wasn' t goi ng t o l eave my mom on t he dock

2 under any ci r cumst ances.

3 Q. Why di dn' t you say, "Mom, l et ' s go. St ar t

4 f al l i ng back"?

5 A. Because i t was a spl i t second t hat he

6 t ur ned around.

7 Q. Now, agai n, we have al r eady pr evi ousl y

8 mar ked t hi s. Thi s has been pr evi ousl y marked

9 Pl ai nt i f f ' s 1- F f or I D.

10 Does t hi s basi cal l y r ef l ect about t he way

11 he was si t uat ed wi t h one hand - - and you don' t know

12 exact l y whi ch hand, and I am not commi t t i ng you t o

13 whi ch hand, but appr oxi mat el y was t hi s t he posi t i on

14 he was i n when he was t r yi ng t o dr i ve away f r om t he

15 seawal l ?

16 A. Yes , s i r .

17 Q. Now, i f he j ust cont i nued t o go out

18 t owar ds t he bay, you woul d not have shot hi m, r i ght ?

19 A. No, s i r .

20 Q. That woul d be wr ong, r i ght ?

21 A. Absol ut el y.

22 Q. Because someone t hat i s f l eei ng, someone

23 t hat i s movi ng away f r om your pr emi ses, you

24 underst and enough about f i r ear ms you coul d not shoot

25 hi m, r i ght ?


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1 A. Absol ut el y.

2 Q. Now, as your mot her i s exci t ed and i s i n

3 what you' r e sayi ng i n a l i ve- and- deat h si t uat i on,

4 she st ar t s scr eami ng at you when he st ar t s movi ng

5 out away f r om t he seawal l , "Wai t , wai t , wai t . " I s

6 t hat r i ght ?

7 A. I was st andi ng next t o her and she was

8 onl y scr eami ng when she was addressi ng t he man on

9 t he J et Ski st andi ng i nches away. So she sai d t hat

10 t o me.

11 Q. You never t ol d t he pol i ce t hat she was

12 screami ng, "Wai t , wai t , wai t "?

13 A. I mean, she t ol d me. She may have sai d i t

14 i n a l oud voi ce. She t ol d i t t o me. She' s not

15 goi ng t o be scr eami ng as i f she was t al ki ng t o t he

16 guy.

17 Q. I mean, t hi s i s a l i ve- and- deat h

18 si t uat i on, she' s not goi ng t o scream at a per son

19 hol di ng a shot gun next t o her , "Wai t , wai t , wai t , "

20 she' s goi ng t o cal ml y t el l you t hat ?

21 A. Not cal ml y, but I was st andi ng i nches away

22 f r om her f ace. Scr eami ng woul d be unnecessar y. I

23 mean, she def i ni t el y di dn' t say i t cal ml y. She

24 di dn' t whi sper i t . She t ol d me t o, "Wai t , wai t ,

25 wai t , " ur gi ng me t o wai t .


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1 Q. Di dn' t you t el l t he pol i ce on Page 47 of

2 t he pol i ce r epor t , quot e, "She was exci t ed and sai d

3 ' Wai t ! Wai t ! Wai t ! Ver y qui ckl y. ' "

4 A. Yes, she t ol d me t o "Wai t , wai t , wai t . "

5 Q. She sai d t hat i n an exi t ed manner ,

6 correct?

7 A. She was t er r i f i ed so I woul dn' t use t he

8 wor d exci t ed but , yes, she was i n her same st at e so

9 she t ol d me t o, "Wai t , wai t , wai t . "

10 Q. But you di d use t he word "exci t ed" when

11 you gave your st at ement t o t he pol i ce, r i ght ? Do

12 you want t o l ook at t he st at ement t hat you gave t o

13 t he pol i ce?

14 A. Sur e. I mean, I may have used t he word

15 "exci t ed, " but I don' t l i ke t o use t hat now.

16 Q. So you' r e sayi ng she wasn' t exci t ed when

17 she gave you t he i nst r uct i ons t o, "Wai t , wai t ,

18 wai t , " a l i f e- and- deat h si t uat i on when t hi s f el l ow

19 i s goi ng away f r om t he seawal l ?

20 A. I ' m conf used by what you' r e aski ng. She

21 t ol d me t o, "Wai t , wai t , wai t . " That ' s - -

22 Q. I ' m t r yi ng t o f i nd out i f she sai d i t i n

23 an exci t ed t one l i ke you t ol d t he pol i ce?

24 A. Yes, she t ol d me i n an ur gent emot i onal

25 t one. I don' t l i ke t o use t he wor d exci t ed.


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1 Q. I n t he st at ement you gave t he pol i ce, am I

2 cor r ect or am I wr ong t hat you sai d quot e, "She sai d

3 as she was exci t ed, ' wai t , wai t , wai t ' "?

4 A. Yes, I may have sai d t hat at t he t i me.

5 Q. I n f act , when I t ook your deposi t i on, on

6 Page 53 of your deposi t i on:

7 "Q. And when she says, ' Wai t , wai t ,

8 wai t , ' t hose t ype of t hi ngs, she' s not usi ng t he

9 nor mal t one of voi ce, r i ght ?

10 "A. No. She was scr eami ng at me t o wai t

11 because she t hought he was f l eei ng. "

12 A. Yes, she t ol d me t o wai t because she

13 t hought he was f l eei ng.

14 Q. But di dn' t you t el l me i n your deposi t i on

15 she was scr eami ng at you t o wai t because she thought

16 he was f l eei ng?

17 A. She t ol d me t o wai t because she t hought - -

18 she t ol d me ur gent l y wi t h emot i on. I guess

19 exci t edl y, i f you woul d l i ke t o use t hat t er m, she

20 t ol d me t o wai t .

21 Q. I know, but I ' m goi ng f ur t her t han

22 exci t ed. At t he t i me of your deposi t i on when you

23 were sworn under oat h t o gi ve sworn t est i mony, your

24 f i r st st at ement t o me was, quot e, "No, she was

25 scr eami ng at me t o wai t because we t hought he was


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1 f l eei ng. "

2 A. Yes.

3 Q. So was she scr eami ng, was she i n an

4 exci t ed t one or di d she j ust t el l you?

5 A. When I sai d, " scr eami ng, " I meant she t ol d

6 me, as you l i ke t o say, i n an exci t ed way. She di d

7 not whi sper i t . She di d not t el l me cal ml y. She

8 t ol d me wi t h emot i on at t he t i me t hat - - she t ol d me

9 t o wai t .

10 Q. I am cor r ect t o say t hat i n your

11 deposi t i on you t ol d me she was scr eami ng t hat ,

12 di dn' t you?

13 A. Yes.

14 Q. Now, t he ent i r e t i me you wer e out t her e

15 you had vi sual i zed a wave r unner t hat was r eal l y f ar

16 of f your pr emi ses t hat f l ed and went away f r om your

17 pr oper t y, cor r ect ?

18 A. Yes, movi ng sout h.

19 Q. Then you came upon anot her i ndi vi dual who

20 was on t op of a wave runner and the onl y t hi ng he

21 ever di d was f umbl e ar ound i n t he f r ont compar t ment ,

22 correct?

23 A. Yes.

24 Q. And t hen he st ar t ed t o mot or away f r om

25 your pr oper t y, cor r ect ?


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1 A. Yes.

2 Q. Wi t h one hand i n t he f r ont compar t ment ,

3 r i ght ?

4 A. Yes , s i r .

5 Q. And t he onl y act , t he onl y act t hat you

6 saw t hat you vi sual i zed t hat he made any movement

7 t owar ds you or your mot her was t o t urn t he wave

8 r unner t o t he r i ght t owar ds t he dock. I s t hat t r ue?

9 A. Yes , s i r .

10 Q. You never saw a gun, cor r ect ?

11 A. I di dn' t see a gun, no.

12 Q. He never pul l ed anyt hi ng out of t he f r ont

13 compar t ment , cor r ect ?

14 A. No.

15 Q. Hi s hand never came out of t he f r ont

16 compar t ment , r i ght ?

17 A. I t di d not .

18 Q. The onl y act i on he ever t ook t hat made any

19 movement t owar ds you or your mot her was when he

20 t ur ned t he wave r unner t o t he r i ght and st ar t ed

21 goi ng t owar d t he dock. I s t hat r i ght ?

22 A. Yes , s i r .

23 Q. That i s when you shot hi m?

24 A. Yes , s i r .

25 Q. He never sai d anyt hi ng t o t hr eat en you,


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1 cor r ect ? He never ver bal i zed any t hr eat t o you,

2 correct?

3 A. No.

4 Q. He l ooked at you t he whol e t i me and

5 f i ddl ed ar ound i n t he f r ont compar t ment , r i ght ?

6 A. Thi s i s what he di d, yes.

7 Q. He never poi nt ed at you? He never made

8 f i st s at you? He never br andi shed any t ype of

9 weapon or anyt hi ng el se? The onl y t hi ng t hat he di d

10 was keep hi s hands i n t he f r ont compar t ment , t hen

11 t ake one hand out of t he f r ont compar t ment and

12 st ar t ed t o mot or i n a cl ockwi se di r ect i on and t hen

13 event ual l y t ur ned a l i t t l e bi t t owar ds t he dock. I s

14 t hat r i ght ?

15 A. Yes , s i r .

16 Q. And t hat ' s when you shot hi m?

17 A. Yes , s i r .

18 Q. Now, when you shot , you i nj ur ed your l i p

19 because you hel d t he gun up by your l i p and t he

20 r ecoi l hi t your l i p. I s t hat r i ght ?

21 A. Yes , s i r .

22 Q. Now, when you f i r ed t he weapon, you wer e

23 l ooki ng down t he bar r el of t hat f i r ear m, cor r ect ?

24 A. I don' t r emember exact l y where I was

25 l ooki ng but , yes, I was ai mi ng i t l i ke a r i f l e. So


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1 I hel d i t up t o my f ace.

2 Q. And your eyes were goi ng down t he bar r el

3 of t he gun t owar ds what you wer e shoot i ng at . I s

4 t hat r i ght ?

5 A. I woul d i magi ne so. Agai n, I don' t

6 r emember exact l y where I was l ooki ng.

7 Q. I mean, you wer en' t l ooki ng at your

8 mot her , wer e you?

9 A. I was not , no.

10 Q. You wer en' t l ooki ng t owar d t he house, wer e

11 you?

12 A. I was def i ni t el y l ooki ng at t he weapon as

13 I was rai si ng i t . I don' t r emember exact l y wher e.

14 Q. You r ai se t he weapon and event ual l y you

15 l ook and you ar e goi ng t o at l east l ook at what

16 you' r e shoot i ng at , cor r ect ?

17 A. I r ai sed t he weapon and pul l ed t he t r i gger

18 i mmedi at el y. I di dn' t ai m. I di dn' t - - I poi nt ed

19 t he weapon and pul l ed t he t r i gger . I was not

20 ai mi ng. So, no, I di d not - - I was not l ooki ng

21 speci f i cal l y at what I was ai mi ng at . I poi nt ed i n

22 t he gener al di r ect i on as I woul d wi t h a shot gun and

23 pul l ed t he t r i gger .

24 Q. I sn' t i t t r ue you t ol d me he was l ooki ng

25 at you when you pul l ed t he t r i gger ?


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1 A. No. He - - wel l , he may have been. Agai n,

2 f r om what I r emember , t he l ast t i me I saw was when

3 my mot her t ol d me shoot and at t hi s poi nt I was

4 payi ng at t ent i on t o t he weapon. He may have been

5 l ooki ng at me. He may have been l ooki ng away. I

6 r eal l y don' t know wher e he was l ooki ng by t he t i me I

7 pul l ed t he t r i gger .

8 Q. Di dn' t you t el l me dur i ng your deposi t i on

9 on Page 54, Li ne 5:

10 "Q. Di d you ever hesi t at e and t hi nk - -

11 you know, I don' t know, t el l me what you were

12 t hi nki ng at t hat moment . When she sai d, " shoot , "

13 what di d you thi nk?

14 "A. Wel l , as he t ur ned back t owar ds us

15 and made eye cont r act I was af r ai d he was goi ng t o

16 shoot us so I di dn' t hesi t at e. I pr obabl y woul d

17 have shot whet her she sai d so or not . "

18 A. Yes, pr i or t o her sayi ng, "shoot , " he di d

19 make eye cont act wi t h one hand i n t he compar t ment .

20 She sai d, " shoot , " t hen I r ai sed my weapon and

21 f i r ed. I di d not make eye cont act whi l e r ai si ng my

22 weapon.

23 But , yes, you' r e cor r ect , I di d say t hat

24 and he di d make eye cont act pr i or t o me pul l i ng t he

25 t r i gger .


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1 Q. And you have no i dea as si t her e t oday t he

2 way he was si t uat ed when you act ual l y pul l ed t he

3 t r i gger and shot hi m?

4 A. No, I honest l y don' t know where he was

5 l ooki ng or wher e he was f aci ng.

6 Q. But you di d t el l me t hat you di dn' t

7 hesi t at e once you made eye cont act . I s t hat t r ue?

8 A. I di dn' t hesi t at e once we made eye cont act

9 once he made t he r i ght t ur n i s what t r i ggered me t o

10 f i r e, yes.

11 Q. He made - - he was goi ng out t owar ds t he

12 bay, cor r ect ?

13 A. Yes.

14 Q. He t hen made a r i ght - hand t ur n i n a

15 cl ockwi se di r ect i on?

16 A. Yes.

17 Q. He made eye cont act wi t h you and you di d

18 not hesi t at e and f i r ed?

19 A. Yes, my mot her sai d, "Shoot , " and I f i r ed.

20 Q. So, I mean, we ar e not t al ki ng about

21 seconds. I mean, you di d not hesi t at e and you

22 f i red?

23 A. Yes, si r . I r ai sed t he weapon and pul l ed

24 t he t r i gger . I di d not hesi t at e.

25 Q. So r i ght af t er he made eye cont act wi t h


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1 shi r t next t o you. Do you want t o see t hat pi ct ur e?

2 A. Sur e.

3 Q. Let me mar k t hi s. I guess i t i s not you

4 st andi ng next t o i t , but at some poi nt t hey t ook a

5 pi ct ur e of your wet shi r t . I mean, you di dn' t get

6 wet i n t hi s shoot i ng i nci dent , di d you?

7 A. No, I di d not . I t was not wet .

8 Q. Thi s i s Pl ai nt i f f ' s 1- K f or I D. I mean,

9 somebody t ook your shi r t and t hr ew i t i s some wat er ,

10 r i ght ?

11 A. Yes. My mai d - - upon ent er i ng t he house

12 my mai d saw me cr yi ng. She t r i ed t o comf or t me and

13 t hen she saw t hat my shi r t had bl ood on i t and, yes,

14 t ook i t of f me.

15 Q. Why di d she t hr ow i t i n wat er , do you

16 know?

17 A. I don' t know.

18 Q. She wasn' t t r yi ng t o cl ean i t , was she?

19 A. I don' t know why. I di dn' t even know

20 wher e she put i t . I was agai nst t he r ef r i ger at or .

21 Q. She wasn' t t r yi ng t o al t er t he evi dence at

22 t hat poi nt , was she?

23 A. I was agai nst t he r ef r i ger at or . Agai n, I

24 don' t know what my mai d was doi ng, why she di d i t .

25 Q. Now, af t er you shot t hi s i ndi vi dual , your


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1 mot her came i nt o t he home and st ar t ed t o yel l at you

2 and t el l you t hat she shot t he per son, she ki l l ed

3 hi m?

4 A. Yes, she saw t hat I was cr yi ng agai nst t he

5 r ef r i ger at or and saw t hat I was obvi ousl y ver y

6 emot i onal and she t ol d me t hat she ki l l ed hi m. I t

7 was her f aul t .

8 Q. When she t ol d you t hat , you got a l i t t l e

9 conf used because you wer en' t sure what you were

10 supposed t o t el l t he pol i ce at t hat poi nt , cor r ect ?

11 A. I mean, at t hat poi nt , agai n, I was

12 agai nst t he r ef r i gerat or and I saw my mom. I

13 absor bed what she t ol d me and I cont i nued t o cr y.

14 Q. And af t er t hat , you wer e j ust goi ng t o

15 f ol l ow what she sai d t hat she had shot t he weapon

16 and she had ki l l ed hi m, r i ght ?

17 A. I was never i nt er vi ewed so I am conf used

18 by t hat quest i on. I was never asked by any

19 pol i ce - - I was never i nt er vi ewed unt i l Det ect i ve

20 Nye.

21 Q. Wel l , i n t he pol i ce st at ement t hat you

22 gave t o Det ect i ve Nye, you admi t t ed t o tel l i ng t he

23 f i r e r escue peopl e t hat you had got t en hi t by your

24 mot her when she f i r ed t he weapon. I s t hat t r ue?

25 A. Yes. The f i r e r escue peopl e, I suppose,


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1 asked me how my l i p was

Evidentiary Hearing - 2011 Killing of Reynaldo Muñoz

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Transcript of Evidentiary Hearing - 2011 Killing of Reynaldo Muñoz