In criminal trials, witnesses provide firsthand accounts of events, describing their observations of people, actions, and circumstances. Witnesses may testify about their personal experiences, including background information that could affect credibility, and describe events they witnessed, such as individuals running, falling, or engaging in other activities. The testimony helps establish facts and provides context for the court to understand what occurred.
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Man Testifies Store Clerk Shot Teen As He Stumbled To Get Up During ChaseAjouté :
My name Dvonte Bryant.
>> How old are you?
>> 33.
Okay. Are you employed?
>> Yeah.
>> Where do you work?
>> Rutherford company. It's a company out of Rotherford company.
>> You live where do you live?
>> Hopkins, South Carolina.
>> You got to speak up a little bit.
>> Hopkins.
>> Hopkins. Okay.
>> Where did you If you'll speak up a little bit for us. Our court reporter here is taking down everything you say.
>> Make sure you say yes, no, answer verbally. You know, we all understand what you mean when you nod your head, but make sure you can speak up a little bit because we have to make a record of everything.
>> Okay.
>> All right. Devonte, where did you grow up?
>> Uh, like Pharaoh area. Um, I grew up in Bethl Bishop Apartments.
>> What are the Bethl Bishop Apartments?
>> Uh, it's meaning what?
>> What are they?
>> I mean, it's a today they still considered as like the worst one of the worst neighborhoods in Colombia.
>> Okay.
>> Things like that.
>> Is it a high crime area?
>> Yeah. All right. Um, is it low income kind of housing?
>> Yeah.
>> Um, did you witness crime when you were growing up there?
>> Yeah, a lot.
>> Okay. Um, did you ever see teenagers with firearms?
>> Yes.
>> Was that common or uncommon in your experience?
>> Common.
>> Okay. Why do 14y olds have guns?
>> I mean, you know, it's like, >> you know, I don't object to that. a lot of speculation on that segment right there. This is definitely not an expert.
>> I will allow it to the expense you can speak from personal knowledge but not to speculate about the general population.
>> Yes, sir. Um you were 14year-old kid once. Is that correct?
>> Yes. Um, and did in your experience, did you ever see other 14y olds or other youths with firearms?
>> Yes.
>> Okay. Um, did you ever I'm just asking honestly, did you ever have a chance to hold a gun when you were underage?
>> Yes.
>> Okay. Why did you feel compelled to hold a gun or carry a gun? I mean, just seeing the stuff that's around me, trying to, you know, fit in with people and then, you know, like growing up, you want acceptance, you know, you want to be cool with everybody. You want everybody to like you, you know, you want everybody to be around, you know.
>> Okay.
>> So, you, you know, follow what's going on.
>> All right. So, in your experience, in the areas you grew up with, uh, guns were cool.
>> Yeah.
>> And would you would you have certain cache? You know what that means?
Uh would it help your reputation sometimes?
>> Oh yeah.
>> Okay. Can you explain that?
>> Uh I mean it's like I said it's more like it's a acceptance thing. That's what it help with. You know kids being cool with you. You being cool with other kids. You having to influence or you know you just not being talked about in a how do they say a language with kids.
You know you want to be popular or things like that.
>> Okay. So in your experience growing up in the Bethl bishop uh was it common or uncommon to see people who are under the age of 18 with guns?
>> Common.
>> Okay.
Uh high crime area Beth Bishop, you you yourself have been in some trouble. Is that true?
>> Yes, sir.
>> All right.
And got to ask you about some I've got as far as criminal convictions in 2017. You got in a little bit of trouble or maybe a lot of trouble. Is that correct?
>> Yes, sir.
>> Okay. I see a conviction for an accessory after the fact to a felony.
>> Yes, sir.
>> And you did you plead guilty to that?
>> Yes, sir. I did. Uh they gave me five years for that.
>> Okay.
I see that you were convicted of a possession of a stolen vehicle. Is that correct?
>> Yes, sir.
>> Okay.
I see that you got convicted of an auto breaking. Is that true?
>> Yes, sir.
>> Okay.
Let's say that was about nine years ago that you plead guilty. I don't I don't know how when did the crimes occur?
>> I can't remember exactly what all of that, but I pled to all of those or what?
>> Okay. And that was nine years ago. 2017.
>> Yeah.
Let's go to three years ago. May 28th of 2023.
You remember that day?
>> Yes, sir.
>> Um, you remember what you were doing on that day?
>> Yeah. I was going to my brother's house.
I was Well, her brother's I was meeting my girlfriend at her brother's house.
>> Okay. You you meeting your girlfriend >> at her brother's house.
>> I got you. Okay. And where did your girlfriend's brother live?
>> Green Bry Apartments off of Park Lane.
>> Okay. Had you been to the Green Bry Apartments before? Yes, sir.
>> Okay. Um, was that an area you were familiar with?
>> Yeah, kind of just like going to his house and her mom stays up street, too.
>> Okay.
>> What were you driving at the time?
>> Uh, White Hondo Accord.
>> All right. Um, do you remember what direction you were?
>> I guess you would have turned off Parkland Road.
>> Yeah, I was coming from the interstate, which is by the Circle K.
>> Okay. So, then you would have taken a left or right onto Spring Street.
>> Oh, right.
>> Right. Okay.
Let me um 14.
>> All right. Do you recognize what we're looking at in stage 14?
>> Yeah.
>> Okay. So, if I understand you right, what is this building where the red >> that? That's the gas station.
>> All right. Can you see me, Devonte?
>> Yes.
>> You were coming up Park Lane and taking a right.
>> Yes. Okay. 650.
All right. Keep going. 16.
Okay. And this where that call would have been. You were just going up and you would have taken a right.
>> Yeah. Whatever. Great car.
>> Okay.
Let me have slide 20.
All right. Have you seen this video before? State slide 20.
>> Yeah, I think you show it.
>> Tell me if you see your car and just let me know when you see your car in this video.
>> Right there.
>> That's you up there. That white car.
>> Yeah.
>> Okay. Play it.
Okay. And did did that show you on Park Lane taking right on Spring Tree?
>> Yeah.
>> Who was in the car with you?
>> Just me.
>> All right. What did you see?
>> Uh when I after as I turned once I got like maybe by uh what's that stuff? A entryway in the parking lot for the store.
>> Uhhuh.
There was uh the young boy and it was two people chasing and by the time I got close by the entrance he had ran out of shoe, you know, like ran across the street. Um they still chasing him. He stumbles and falls. He He's trying to get back up. He he making up Let me stop you real quick. You talk about the young boy. Did you see the young boy you're describing in that video?
>> Yeah.
>> Stage number 20.
>> Yeah.
>> Okay. What was he wearing?
>> A hoodie.
>> Okay.
You said they were chasing him. Who were they?
>> The um the man and his son.
>> Okay. Did Have you ever seen any of these people before?
>> No.
>> Okay. The man and his son. Um do you know who that man is now?
>> Well, yeah. Now, >> okay. And who was that man?
>> Uh named child.
>> Okay. Do you see him here?
>> Yeah. Where is he?
>> Right there with glass.
So it Rick Chow and his son and Rick Chow's son were chasing the red shirt boy.
>> Yeah.
>> Okay.
>> Did Did you see the boy the boy in the red um do you know him now to be Cyrus?
Okay. If I call him Cyrus, would you know?
>> Yeah.
>> Did you get to see Cyrus's face when he was running?
>> Just this side when they cross the street and Yeah. the right side of his face as I was advancing up Sprint Street. Okay. What, if anything, did Cyrus have in his hand?
>> A book bag.
>> Okay. Okay. What else did he have in his hand? Anything?
>> No.
>> Are you sure?
>> Yeah.
>> Okay. And how close did Cyrus and Rick Chow and Andy Chow get to you while you're driving down Spring Tree?
>> Real close. I had to hit my brakes because if I wasn't or if I wasn't paying no attention, I could have hit one of that's how close they was to my car.
>> Okay. Um, so they ran in front of your car.
>> Yeah.
>> Okay. As they crossed Spring Tree.
>> Yeah.
>> Okay. Um, were you able to see any kind of facial expressions that Cyrus was making?
>> No. No, not really.
>> Okay. Um, what did you think when you first saw um, Rick Chow and his son Andy? Did Bricktown and his son Andy, did they appear to be adults or they appear to be young adults?
>> No, adults. And I thought that maybe it was the police maybe chasing him because when he was running, I see I could see his holster, you know, like and this I mean I see people on the pictures of front of the stores were stealing, not being chased. So at first I was thinking that he he was maybe a police officer.
Yes, sir.
I want to ask you what you were observing. Okay. What you observing right then and there. You said you thought it looked like or you thought it was the police chasing the boy. Yeah.
Cyrus.
>> And you thought that because what did you see?
on Rick Child.
>> I seen a holster with a gun in >> and that was in plain view.
>> Yeah. Like his shirt was flapping up as he was running.
>> Okay.
>> Um, did Cyrus appear to be an adult or >> No, you could tell he was a kid.
>> Okay.
Um, all right. Where was Let me see slide 24.
All right. Who's that white car that just stopped? That's me.
>> We're about Okay. Play that back up a little bit, Stephanie. Where this car goes by.
>> All right. Play.
>> Okay. What What are you doing there? I'm slowing down because they running across the street.
>> Okay. If you hadn't slowed down, what what was your fear that would happen?
>> I would have hit one of them.
>> Okay. Um you're driving up Spring Tree going to your girlfriend's brother's house. Were you expecting three people to run across your the path of your car?
>> No.
>> Okay. Um slow down almost to a stop. Is that what we just saw?
>> Yes.
>> Okay. And then when you go out of view of this this um camera shot, this is states 24. What are you doing next as you're driving?
>> Driving real slow, paying attention to the three people that's running.
>> Okay. Did you drive behind them or did you sort of pace them? You know what pace means?
>> Yeah, pace them.
>> Okay. Or did you go on ahead of them?
>> No, pace them.
>> All right. Why did you pace?
>> Um, they was chasing them. So, I was really trying to see what was going on.
Like I said, at first I thought it was like the police chasing somebody.
>> Okay. Well, you're in the right lane of travel, I assume.
>> Yeah.
>> All right. And so, are they on, as you're pacing them, are they on your left or are they on your right?
>> They're on my left.
>> Okay. Um, and are you focusing on the road or are you focusing on these people that just ran out in front of your car?
>> The people.
>> Okay.
Did you have a good vantage point or a bad vantage point?
>> Good.
>> Okay.
Um, >> why are you focused so much on the people instead of the road in front of you?
>> Uh, try, like I said, trying to see what's going on and then once he fell.
>> Wait a minute. We're going to get there.
>> Okay.
>> U, from that vantage point, did you ever see Cyrus pull anything out of his pocket?
>> No. Okay.
>> Did you ever see anything? Um, >> did he did he lose any clothing while you were lunching? shoe.
>> You saw him lose his shoe?
>> Yeah, he had a white arrow as well.
>> Okay. Did he Did he stop to get his shoe or did he continue running?
>> He kept running.
>> Okay. Did you see him drop any other things while he was around the shoe?
>> No.
>> Okay. Did you see him throw anything?
>> No.
>> Okay.
Stephanie, can we play slide 21?
All right.
Is that what you're describing? what we just watched in that video.
>> Yeah.
>> Stephanie, can you go back maybe like five seconds or so? Put it put the cursor here.
>> All right. I want you to focus, Devonte, on this area.
>> Okay.
>> And I want you to speak up if you see your car or when you see your car. Okay?
All right.
Now that's you.
>> Yeah.
>> Okay. So, were you in close proximity to them or were you a great distance from them?
>> Close.
>> Was your vantage point good or did you have a poor vantage point?
>> Good.
>> Okay. And your testimony was you continued to pace them as they ran up the river?
>> Yes.
>> All right. He he he lost his shoe at some point. Um did he had he already crossed Spring Tree or was he still in the parking lot side of Spring Tree?
>> No, he lost his shoe before he crossed the street.
>> Okay. And then you're saying he continued across the street?
>> Yeah.
>> Okay. Um what if anything happened to his book?
>> I wouldn't have known. I mean, yeah, I wouldn't have known if anything happened cuz once it fell, he didn't pick it back up.
>> Okay. Well, all right. Let's go ahead then and get to what you're talking about where he fell.
>> Okay.
>> Tell us what you observed about him falling.
>> Okay. So, when he he fell once he after he got across the street.
>> Okay.
>> It's it was something over there that it looked like he had to trip up over or something?
>> You saw him trip?
>> Yeah.
>> Okay. And um were Rick Chow, Andy Chow in front of him when he tripped or were they still behind him?
>> Behind him, but they was real close up on him when he tripped.
>> Okay. So when he tripped, um, how would you describe the fall?
>> He felt hard. The first fall was real hard.
>> Okay.
Um, did he try to get back up or did he get back up?
>> Yeah, he tried to get back up, but it was more so of a stumble versus him standing straight up.
>> Okay. Um, did you see the book bag again after he got up?
>> No, it was on the ground.
>> Okay. All right.
Did Did you see anything in his hand at this point?
>> No. All >> right. Was he able to get back up on his feet?
>> Yeah.
>> Okay. Then what happened?
>> It's like he he stood up almost all the way up completely. He maybe took a step if that. And that's when he shot.
>> Okay. And then what happened?
>> Uh like Cyrus fell. Once he fell, he was trying to like roll himself over, but I I don't know if he could or not, but he was like putting his hands up as he was trying to roll himself over.
>> Okay.
>> But you can tell he was still out of breath. Like he was still breathing real hard.
>> Okay.
Okay. Yeah, that's that stage 25. You recognize what we're looking at here?
>> Yes.
>> Okay. Do you see the spot where you remember him taking that first call?
>> Yes.
>> Okay.
>> Uh judge, I think probably the court permission could step down.
>> Okay.
All right, Devonte. All right. So, this is where in on stage 25 is the gas station in front of us or behind us?
>> Okay. And if we're right here, do you see um the spot you were just describing where uh Cyrus took that initial fall?
All right. Can you point to it with a pointer?
>> That person the ground real hard.
>> Okay. And speak up too. So she she >> Yeah. I said up there. He hit the ground real. That's where he first.
>> Okay. Point to it again.
>> Okay. So he was in the road and then he falls into the grass or he falls into the road.
>> No, he was in the grass and he fell into the grass like on the side. He never got back in the road.
>> I got Once they cross the street this way, >> he never went back towards the right.
>> Okay.
>> All his movement was on this side of the road.
>> I got you. But he's he's running up the road and does he trip over the curb or did you see what he tripped over?
>> No, I couldn't tell what he tripped over.
>> Okay. But he fell into the towards the grass. Yeah.
>> All right. And at this point when he trips, where are where is Rick Child?
Can you point where he is?
>> He's like right behind. So if Syron strips up here, can you say about how far behind him he was?
>> Maybe two feet if that.
>> So he's right up here.
>> Yeah.
>> Okay. And if you're Cyrus, he's about this close.
>> Yeah.
>> All right. Where is Andy Child? Rick Chow's son.
>> When Cyrus fell, he's beside him.
>> Okay. These two Rick or Rick's behind him or to the side of him?
>> The side of who? The son.
>> Yeah.
>> No, they side by side almost. But they're right back in two feet or so is what your testimony is.
>> Yeah.
>> Okay. So about the distance maybe. Give or take.
>> Yeah. Give or take about this distance.
Yeah.
>> Okay.
>> Did they do anything to him while he's on the ground?
>> No.
>> Okay. Um did you see anything in Cyrus's hand at that point?
>> No. Did the book bag filled?
>> Okay.
Did Rick and his son Andy allow Cyrus to get back up or attempt to get back up?
>> Yeah.
>> Okay. Then what happened? So once he get back up, like I said, he fell. He's trying to get upright, but his stumble after the second fall. Okay.
>> And as he's trying to get up after that last stumble, he's trying to get he's trying to stand straight up so he could keep advancing cuz he's trying to get away from them. He not want like trying to turn around or trying to go towards the street. He's trying to get to the apartments. He's going straight up.
>> Okay. That's what it appeared to be that he was trying to get to those apartments. What are those called again?
>> Um um Brookside.
>> He Okay. That's what it appeared to you that he was trying to make his way to those apartments.
>> Yes.
>> Are are you comfortable kind of demonstrating what you're talking about?
I think I know, but you say he hits the ground and he's trying to get up and go, but he's stumbling. Can you kind of demonstrate that to the jury? Do you feel comfortable doing that?
>> Yes.
>> Okay.
Okay. So, the first fall when he falls is like he completely falls all the way all the way down almost.
>> All right. chest to the ground almost >> and then he gets up and as he's like I said he getting up but it's he's moving so fast he's stumbling.
>> Okay.
>> So he after the last stumble it's like he's trying to get completely stand upright. So he maybe took a step or two after that then that's when the shot went off.
>> Okay. And that was the second fall.
>> Yeah. Well you can say it's the second fall. Yeah.
>> Okay. Did Did he ever get back up again after that?
>> After the shot though.
>> Okay.
>> But after he fell out he got shot. And and you're saying you saw him roll around and >> like he was trying after he fell on the ground from being shot. It's like he was trying to turn over with his hands.
>> Okay. You take >> Did you see anything in his hand at that point?
Do you recognize uh this little area behind these trees to be where Cyrus came to rest? Yeah.
Like on the left side of those trees.
Yeah. Right in here to some degree.
>> All right. Um zoom back down. And we're still looking at states 25. All right.
So I I just want to be clear, correct me if I'm wrong, but you say the first time he fell, it was somewhere in this area.
Yes. And you what I understood you saying, correct me if I'm wrong, was that Rick Chow and his son were somewhere in this area behind him?
>> Yes.
>> Okay. Did you ever see Rick Chow out here in the river?
>> No.
>> Did you ever see Andy Chow out here in the river?
>> No.
Your testimony is that the two of them were, correct me if I'm wrong. I want you to just I don't want to put any words in your mouth, but Cyrus fell right here. You saw Rick and Andy side by side. I think you said this kind of area. Yeah.
>> And why did you have such a good vantage point again?
>> I was in the road and you know, like I said, I was just staring at it. It was I don't remember a car being in front of me or behind me. So I was driving real real slow just watching him the whole time.
Devonte, did you stay on scene after this?
>> Uh, not really on scene. Um, after the situation happened, I rolled back pants.
I saw all the like older ladies around him. Then I went to the U car wash up the street. Uh, that's why I still was on the phone with my mom. I was telling her what was going on and just tried to get my head on straight and then I went right back down.
>> Okay. So, where where did you turn around? Did you ever go to your girlfriend's I'm sorry, your girlfriend's brother's apartment?
>> No, I never made it.
>> All right. And did they live in this apartment that's over here to the left?
>> No, they live in the one that's all the way in the back.
>> Okay. Does this spring tree dead end into that apartment that >> I would? Yeah, I would say because I don't know if they have a a back entrance. I think it's just the front entrance.
>> All right. Does that green, Brian?
>> I can't really tell from that picture.
>> So, but I understand you were going this way. Is this the driveway you turned around in to go back down after you saw the shoot?
>> No, I I turned around a little bit past that. that driveway. Um, yeah, like Okay. And you you just abandoned your plans to go to the uh your girlfriend's brother's house.
>> Yes.
>> Why did you abandon those plans? Because of the situation they had.
>> Okay.
You said you left to get your head straight, but you you did return and speak law enforcement.
>> Yeah. Yep.
>> Okay. And and did you know any of these people before that day?
>> No.
>> Okay. Devonte, please answer any questions that Mr. Kent has for you.
>> Yeah. Yeah.
All right, ladies and gentlemen, we're going to take a short break. Um, let's say we'll be back out at 10:45. Um, got some technological issues that we need to work through. Um, take about 15 minute break and we'll see you shortly. Do not discuss the case and Mr. Brian, um, don't discuss your testimony with anyone during >> Yeah. And you can get
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