In criminal trials, determining intent requires examining multiple pieces of evidence including physical evidence (like vehicle data recorders showing 100% accelerator pedal application), witness testimony, and defendant statements. The prosecution must prove beyond reasonable doubt that the defendant acted with purpose, not recklessness or accident. Defense attorneys challenge evidence by questioning whether alternative explanations exist, such as whether the defendant was trying to avoid an accident or if passengers interfered with vehicle control. The burden of proof rests entirely on the prosecution, and any reasonable doubt about intent can lead to acquittal.
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Mackenzie Shirilla: What Really Happened In Court? | Reading Trial Testimony LIVE追加:
Take it to trial.
Take it to welcome in. Grab a seat, hit the like and subscribe. The sweet peas on the mic with that spicy little vibe. Got the courtroom streaming in the chat going wild. We're debating heavy topics but still laughing like a child. From objections to confessions to the judge's side eye. If it's justice and it's messy. We going to talk about why. Every day is a new case. Every moment's a ride. And when we pe in the building, we be learning with pride. M on deck. Keep the room running smooth. Film free therapist, you know, keeping everyone in the groove. Like to the facts. Pretty brown girl with the stash. Melia and Fa.
Keep the piece in the chat of a Jason walks in and the ladies collab.
>> MILK CHOCOLATE.
>> TAKE it to tri where the truth gets loud and the last run. Sweet peas got the spice. She's the queen of the chat. Bam.
Rolling deep. We've been here a while.
Lights on. Mike up. We going to do this right.
>> Take it to try every day, every night.
>> Take it to try. Drive.
Morning shows are sharp, afternoon is on fire. And we catch every moment that the court might inspire. From witnesses whispering, the lawyers trying to hard.
You know, sweet pe breaks it down like a legal tarot card. Chats cracking jokes, dropping theories on the fly. We're serious when it counts, but we still testify. Minds hold it down when the trolls try to play. IF YOU RIDE A LINE, COURT ADJOURNED FOR THE DAY. BUT WHEN Jason Law WITH THAT DEEP SOUND, >> the ladies in the chairman they all fall down.
>> It it to where the truth gets loud in the last run. Sweet Peas got the she rolling deep. We've been here a while.
Lights on, lights up. We going to do this ride.
Take it to try every day, every night.
Take it to try.
>> When the sun goes down and the cases get deep after dark get spicy. No secrets to keep. Taboo topics big lat slap happy crew. Sweet pie says behave but we never really do. It's opinions, confessions, stories untold, but we handle it with heart like the made of gold.
Take it to trial from day to night in every wild mile. Sweet peas with her trademark style and the fam in the chat always makes it worthwhile. Earn it up.
Show some love. Hit the light on sight.
Take it to try.
>> Yeah, we live tonight.
>> Take it to >> Yeah, we live tonight.
>> Take it to try.
Courtroom packed and the cameas on.
Folks all whispering won't be long. NO MORE SMIRKS and no more lives. Judge looked down with narrowed eyes. Pay lift waiting by the side door. Steel towed footsteps on the courtroom floor. Whole track buzzing like the verdict dropped, but the jury room still got them locked.
Lop hear the cell doors lock. No parole boy, baby round the clock. One way and the bus won't stop. Everybody clap to the L.
>> NO appeal going to save you. Orange jumpsuit tailor made flavor. Sink that feeling when the g drop. That's the rhythm of the L.
That's the rhythm OF A L.
>> MAMA CRYING IN the second row. Defense still talking, but it's moving slow.
State bought receipts and the pressure steep. Now the whole room barely even breathes. Used to talk big for the TV lights. Now it's a long breaks and uneasy nights. Funny how the swagger disappear before a single word got clear. Lop bop. Hear the cell doors lock. No parole board baby ROUND THE CLOCK. ONE WAY TRIP AND THE BUS won't stop. Everybody clap to THE L [ __ ] L. NO APPEAL GOING to orange jumpsuit. Taylor made flavor. Sink that feeling when the gym of the L. Hey, the L Y B.
That's the rhythm OF THE LOP CASE. PAUSE. COURTROOM TENSE. EVERYBODY WAITING ON THE CONSEQUENCE. ONE DEEP HUSH THROUGH THE PARKING lot to the beat of the Lophill typing with ease. La lanes locked but she don't slow down. Show up every time.
Yeah, she runs this town. Sitting in the traffic but she locked in chat. If sweet goes live. Yeah, she's right on that.
From the 405 to wherever we at pulling up like y'all good. I'm back same row seats. No matter where we are, we all meet in the rolling deep corners. Yeah, the vibes align from the coast to the ch. Yeah, we show up right downream. And we going to guide you like California.
Yeah. We stay in the mix. Four names, one flame. You can't remix this. Oh yeah. Yeah. Yeah. Rolling with the sunset flow. West coast haze where the good vibes flow. Little bit lifted.
Yeah. She stay serene. Ocean breeze mixed with the evergreen. Late to the stream but she still going to slide.
Panel opens up. She already inside. Hold up. I'm here. Yeah, she dropping bars.
Cool energy no matter how far she got every littlest down but she part of the team to the crew but she locked in fast chat flying yes she bu off track now she us checking in from across the map different time zone but she bridging the gap y'all good every time she mean Heart so big you can't teach that algorithm running she keep it alive in the chat keep the whole thing thrive quiet power steady hand in the dark every glowing got a shamrock >> sparkkey say the name twice show up Yeah, we never think twice. From the traffic jams to the tide. From the lost lanes to the world.
Yeah. We stay in the mix. Four names, one flame. Can't remix this.
Let's go.
Let's go.
Heck, deep.
>> Let's go.
Oh, let's go.
No, I know I'm muted. I know I'm muted.
I know I'm muted. I know I'm muted.
Don't beat up on me. Don't beat up on me.
What's up? What's up? What's up?
You say you don't know nothing about it.
We doing ding dong.
So guys, as you can see, I know yesterday we were kind of like all over the place with what we were going to do.
And I was like, "Okay, we going to go through these text messages. Me and Jason, we going to do all these messages and stuff." And then I got a special delivery, guys. And I was like, we have to do this. Y'all know this this trial was not televised. So, we get we going to be like we we actually gonna be in the court with this with this stuff. Now, this gonna take us some some time to get through. I'm not telling you we gonna get through all this stuff today, y'all. But we going we going to schedule some streams and we going to get into it. Um so before that gets said um before we get that let me thank you. Look I got on my shirt.
Can you see it? My oo we shirt. I guess you can kind of see it. [ __ ] I don't know. Maybe you can. Maybe you can't.
It is a lot cutie pie. That's why I said we g we gonna be we gonna break it. We gonna do you know like four days probably something like close to that.
But um yes it was so awesome. So awesome. Therapist sent me um all of this information. And speaking of therapist, you know, I asked her I was like, "Oh, you sent all of this to me?"
Well, I guess she gonna help me. Let me go ahead. I'mma add her to the stage cuz uh Yeah. All right. Here.
So, you know, I can't do all of this by myself. So, since she sent it over, I am definitely y'all know the therapist that we you know the chat from it's berries guys. Let me put my headphones on. I so used to buying myself helping me with gel. He see only can.
Oh boy. I keep forgetting that I um like that I don't think >> but I can't hear you if I don't have my headphones on.
>> Can you hear me?
>> Yep. I can hear you.
>> Yeah. And I think everybody else Boss Judge, you want to you want to discuss false judge?
>> No. With only fan I don't.
>> Oh.
Oh, is that what he's thinking? But with that being said, let's go. I'mma go ahead and um say good morning.
Good morning, cutie pie.
I should have did that early early, but I'm so late with everything.
Hey, Audrey. Hey. Hey, just seen you was busy this morning. Hey, Angela. Hey, Christian. Hey, Christine.
Hey, pretty. Hey, only Hey, Gabber.
Hello. Hello, everyone.
I'm glad everybody made it in. At least, y'all won't have to do any rewind. Hey, Martina. What's up, Frank? Hello. Hello.
Hello.
Do you have a YouTube channel? Who Who do you Who you speaking about?
Christine, you have to tell me who you speaking about.
Maybe she talking about only fan.
You just in the background. You say this case is a lot to deal with. Yes, it is.
Frank jump up and down.
Okay.
Oh boy. Y'all know I'm not about to be in those. Okay. So, just so y'all aware, we are starting off with um this is in the pre-trial phase.
So, the date on this one is going to be April the 6, 2023.
We are going to start here. Then I'mma go into the portion where they did the um the plea deal because I know a lot of people was trying to figure out what kind of plea deal she did she have. Did she have a plea deal? Why didn't she take the plea deal? What is that plea deal about? So I am going to read into the plea deal and then we'll go into our opening statements.
You've been watching it for a while.
>> Awesome. Awesome.
breaks as needed.
Hey Mar, I'm glad you made it. Oh, I was calling you too, Missy.
Okay, so here we go.
Now, if I call her some whole totally different throughout this, y'all don't pay me no attention. I don't know about that.
Whatever. We will go through this.
>> It's hard for me to hear you.
>> You can hear me? Can you hear me now?
>> Yes.
>> Okay. I might need to turn up my microphone.
>> Okay.
>> Does it sound good?
>> Yep.
>> Oh, okay. Yeah, I got it. I had it really low.
Okay.
So, here we go.
I got it. You got You have it on your screen or you just going off the or the screen off here?
>> I have it on my screen.
>> Oh, okay. Good. Okay. I need to pull mine over. So, here we go.
Wednesday morning session, April 6, 2023.
Oh, she appeared via Zoom. So that means that she was in jail at the time on the phone and she appeared via Zoom the court.
This is the state of Ohio versus McKenzie Sherilla.
I'm not going to make it. We going to be all day. Miss Okay. Case number 679612.
The court called this today for a bond hearing. So, this is the bond hearing.
Also, be a first pre-trial today and set your dates. Okay.
So, I can only move it on this screen.
That's why I was I was wondering what I was doing.
First thing I want to make sure on the record is that this court, nobody in my family is related to one of the named victims in this case in the case. So that's clear for the record.
Despite the fact this is a common surname remember we kept asking about that Russo the victim's name is Russo and also um the judge last name is Russo. So this is cleared up very very early guys just so y'all know. So, I wanted to point that out as we're going through this. That that was the first thing that um Judge Russo did.
I do do want to review some of the conditions of bond. I will tell you what it is I am intending to do. If either of you want to talk to me about it, you are welcome to do that.
The the amount remains the same at the 500,000 cash shorty shorty property.
House arrest has been added. It's GPS.
No movement without prior court approval. The additional condition would be she must surrender her driver's license, of course, and passport if she has one. Is there anything else from the state?
Mr. Troop? No, >> your honor.
>> Thank you.
So, so this is when she's going for her bond hearing right here. So, this is her bond conditions at this 500,000.
Um, just so y'all aware cuz I know a lot she didn't make bond, right? Y'all can tell me. Did she make bond? Does anybody know? I don't think she they posted bond for her.
Do you know therapist? Did they post bond? Anybody in the comments? No, >> I didn't think she did. I know. I I heard on one of her jail calls that she was trying to So, she didn't. Okay, cool.
Mr. McDonald, this is her attorney.
Thank you. Your honor, may it please the court. We respectfully request that you add as a condition a 10% have it be a 10% bond.
The court I'm not going to change it to a 10% bond. Wow. And I know she is appearing today by video in this case which is 679612.
Mr. McDonald. It's my understanding that you that you are waving her presence in open court.
She has consented to the video to video.
Oh boy, I got to get this one together.
I have never really like read transcripts like this.
Mr. McDonald, correct? Donna, the court.
Any other questions? Mr. truth. Nothing on behalf of the state at this time, your honor. Mr. McDonald, no, your honor. Okay, cool. So, that's done.
Prece proceedings are done. I didn't make it through one. There we go. Boom.
Let's get to Hey, Jason. I I I see and anybody else that I didn't see. I meant to text you.
I I was going to text you last night about this to see who you wanted to play.
Okay, so this is this is moving to Wednesday morning session July 19th, 2023.
So we are getting closer to our trial date, guys. Give me a second.
Okay, so the court, this is the state of Ohio versus McKenzie Sharilla.
This is the case number 679612.
She's in court today with counsel. The state is present and we're going to place a plea offer on the record.
Mr. Is his name Mr. Troop or Trope?
Trope.
Troop.
>> Troop.
>> Oh, okay. Cuz I was about to call him Trope now. Okay. Mr. Trope. Thank you.
>> Nope.
>> Your honor.
>> No.
>> Troop.
>> Troop. How about this hard calling trope? Oh gosh. Don't y'all start calling him Mr. Trope cuz I'm calling Mr. Trope. Mr. Troop like Troop like the group.
Y Troop. But they had two O's, I believe. Okay. At this time, the state has provided full disclosure of discovery. I have received an offer from the defense.
Oh, and my and my supervisors marked as file.
The state's proposed resolution to the case would be for the defendant to plead guilty to counts three, four, and 11 as charge. Counts three and four are both titled >> murder.
>> They are murder B under 2903.02 B. Count 11 is drug per little drug possession a felony of the fifth degree under I'm assuming this is a section but under 2925 P 11A it's my understanding that the defense is not interested in a plea at this time and we are set for trial August 7th the court Mr. McDonald.
Mr. McDonald, that's correct. Your honor, I went Monday and discussed this at great length with McKenzie a week before that with her parents present. I talked with her today and it's her desire that she does not want to enter a plea to two counts of murder the court.
And what McKenzie, are you satisfied with your lawyer so far? You can stay seated.
The defendant. Yes, your honor. The court. All right.
Anything that we have to discuss because trial's coming up soon. Any issues? Any discovery problems? Anything we need to talk about?
Mr. Truth. From my position, your honor, no. We turned over everything that I gave to Mr. McDonald a few times. A I gave Mr. McDonald a few items today, but we'll be ready to go forward on the 7th.
The court. Mr. McDonald, anything on your end that you need? Mr. McDonald?
No, your honor. The court. All right.
Well, thank you everyone. Mr. McDonald, thank you. Mr. Troop, thank you, your honor. Okay, everything over with that day. H Okay, we're moving right along.
Oh, okay. So, now we are on Monday morning.
It's August the 7th, 2023, guys.
The court we're here today in the matter of the state of Ohio versus McKenzie Sharilla 679612.
She's before the court today with counsel and the state is present. We're prepared to go forward today. She has executed a jury trial waiver. I need to ask you a few questions. Miss Sherilla, do you understand? By signing this waiver, you're telling the court to be both the finder of fact and the ruler of the law, the defendant. Yes, your honor.
The court. And you're waving the right to have a 12 people to have 12 people be the triers of fact, the defendant. Yes, your honor. The court.
Are you satisfied with your lawyer's representation?
The defendant. Yes, your honor. The court.
Have you been threatened or promised anything in exchange for the waiver? The defendant. No, your honor. The court.
Okay, you're all set. We have to get this docketed. I do want to go over some preliminary things while waiting for that to be docketed. If you can have a seat. Okay.
So, I think that this is um to the point that I think a lot of people were asking in regards to this portion. Um did she agree to this, you know, to be uh judged by um not a no jury trial? So, there we go.
Um, so I think you we good to go into opening statements. What you think?
Or do you think we should read this next part?
>> No, that was just a judge view where they went and looked at the road.
>> Oh, so the judge went out and look.
Okay, cool.
Let's get past that.
It's like I can hear everything in this thing.
>> Mhm. Welcome to my life.
>> Can you hear everything, too?
>> Mhm.
>> You can hear the TV.
>> No, you're kind of >> Yeah.
>> Yeah, I can hear the TV. Okay, let me go to I think the girls got the TV on.
Let me see.
This is the rules of the court. We don't probably need to do that part.
This is the 404B evidence, correct? I think that's what I'm looking at.
>> Oh, yeah. Mhm.
>> Right here.
Okay. So, maybe we we should maybe we should do this part here.
>> Okay. Yeah, let's do this part. You want to read this part with Mr. Troop?
>> What page you on?
>> Stop them from Go make them >> What page you on? Uh, I can't hear you.
>> This is on page 18.
Mhm.
>> Okay. So, be Mr. Troop or the Or what are you wanting me to do?
>> Um, you can be Mr. Troop and I can be Mr. O'Donnell.
>> Yeah, that >> McDonald.
>> McDonald. Oh, Mr. I'm about to call him Odonald. I'm thinking about Odonald's.
Okay, let's go. I should have had on my shirt, you I got this shirt that says um my mouth uh moves faster than my brain.
It's so true. So, >> I should have wore that shirt today.
>> Okay.
I know that you want to talk about this 404B motion that I received from the state. Is there anything, Mr. McDonald, that you would like to say about that?
>> Your honor, may it please the court?
They're attempting in two instances to introduce 404B evidence to prove that my client acted acted purposefully.
The first incident they cited called the I71 incident. They want to introduce text messages back and forth between Dominic Roso and his mother. Potentially text messages between McKenzie, my client, and Dominic and slash or McKenzie and the mother. The sum and the substance is that the detective in this report does indicate and agrees that each side said the other one was responsible for pulling the wheel. So this whole case is an inference upon an inference and they're trying to use it use this 404B evidence that's not clear that's not explicit to draw any inference that she acted purposely.
Because of that, I don't think that should be allowed. The second incident that they refer to occurred a couple days later when we were in juvenile court. The prosecutor and the detective played two portions of an argument between my client and Dominic Russo.
Dominic Russo was inside the house.
McKenzie Sharilla was living there at the time was outside and they bickered back and forth. What they didn't play was a third portion of a tape where a short time later McKenzie was led into the house. So how you how you can use as 404B evidence where McKenzie wanted to go to the place where she was living where she did threaten to key somebody's car at best and then she was let in. How is that evidence? 44B evidence escapes me. So for those reasons, I think that I think those two incidents of 404B evidence should be excluded from the this trial.
>> The court, Mr. True, >> your honor, at issue in this case primarily is the defendant's state of mind at the time of the fatal crash.
There is very little beyond that in dispute in this case. The 404B evidence that we are speaking to introduced first is the I71 incident. I have no intention of asking the court to review text messages. I agree with council. We have lots of text messages between the defendant and her former boyfriend. I was not going to introduce those. I was going to present two eyewitnesses to that I71 incident. First, leading up to that incident that Dominic Russo called his mother on that telephone reporting that he was in a car, that the defendant was driving recklessly. Second, Christopher Martin would testify, your honor, that he went out to I71 and pursued the car driven by the defendant, that he overtook that car as it pulled off to the side of the road, and that he observed at that time the defendant striking Dominic Russo with both hands, and that he overheard her make a statement, an admissible statement. She said, "Dominic, I'm going to crash this car. We find it is especially relevant and important to her state of mind."
just two weeks later when she used the car to kill Dominic Russo. For that reason, we believe that evidence comes in that it is admissible to show her state of mind and her lack and the lack of accident at the crash scene.
The second incident, we're just using information that we have in the month of July leading up to within weeks of this fatal crash. Dominic Russo surreptitiously recorded the defendant using a friend's cell phone. And these recordings, their existence, your honor, is every bit as important as to what is said on them. The fact he was surreptitiously recording her as a 20-year-old with a teenager outside of the door of his house, threatening his property and his well-being, threatening to call the police on him. We think this is important because just a few weeks later, she used an automobile to take his life. We think it's important and we think it's exactly the type of evidence that 404B anticipates. Thank you.
>> I'm going to allow it. I note the objection. Mr. McDonald.
Thank you. The court we do need to amend for for clarity the names in the indictment. We just have the initials.
Mr. Troop. Thank you, your honor. The state moves to amend.
>> That's my part. Oh, is it?
>> Thank you, your honor. The state moves to amend the victim's names in each count of the indictment. DR should be modified to reflect Dominic Russo and then he spells it. DF to be amended in each count that it appears to Davon Flanigan and he spells it.
>> Now, you want to talk about the stipulations?
>> Yes, your honor. Your honor, in meeting with Mr. McDonald prior. We have reached numerous stipulations. I have them prepared in a motion form which we intend to file with the court's blessing, but I can read them into the record or present a copy to the court, whichever you prefer.
>> Whatever is easy easiest for the both of you.
>> I'm happy to.
>> Is that a copy?
>> Yes, your honor.
>> Mr. McDonald, you have gone over these as well and you are in agreement.
Yes, your honor. Okay. Are you ready for openness? Is there something else?
Separation of the witnesses.
Yes. Separation of the witnesses. Do we have any witnesses in the back? Anybody that is going to testify that is observing? Okay.
Again, make sure your phones are off. If you are going to testify, you have to stay out until your turn to testify and then you can you can stay. Openings.
Okay, before we go into the state openings, give me one second. The ice y'all hear the ice maker? I hear the ice maker.
They said, okay, they want Jason to be the judge.
>> He needs to get up here and do it.
>> Judge.
>> Yeah.
Ain't nobody. He's so silly. Wait a minute one second.
need him to be one of these people.
Okay. So, you you going you want to do the state openings and I do the defense openings?
>> Yeah, whatever you want.
>> Okay. Um Okay. Give me one second because I'm going have to move the thing for you.
>> I have I have it up.
>> Oh, okay. I'm seeing on the screen for everybody else to see as you going along.
>> Okay. You just tell me what to do. I'm just here for you.
I think that that's going to be half my problem. Wait one second.
Hi guys. How is everybody?
Y'all know I didn't plan on doing this.
I found out at midnight last night. Shh.
>> I cut off everything except for the margarita maker.
>> Well, priorities.
>> Yeah, absolutely. So, y'all gonna have to listen to that whenever it comes again. And my baby says she listening to her TV.
priorities. I get it.
>> It is what it is. All right. So, let me pull this screen up so I can scroll along as you going along and hopefully we can make it through.
Well, I just I had it muted that at that time, but I I can hear it like in my headphones like sounds. And did that bother you?
>> It It is distracting.
>> Uhhuh. Do you know how much [ __ ] you've given me because I say, "Hey, I can hear something or something." Is you're not even listening to me right now.
>> I'm listening. I'm listening, but I'm listening for a sound. I heard something.
>> It's distracting.
>> Yeah.
>> You used to be like They saying they not hearing nothing. I don't know how they're not hearing anything.
>> Can we talk about me for a second?
Because >> Okay.
>> I used to say, "Sweetie, I can hear you typing and it's going to make me throw my computer out of the window and you'd be like, "You're always complaining.
[ __ ] [ __ ] [ __ ] [ __ ] about typing.
[ __ ] about keyboard." No, it's distracting as [ __ ] Well, I don't >> He was never purposeful.
>> No, I know.
>> But I mean, >> Uhuh.
I ain't listening to everything you're saying if I hear that.
>> I know. And you you know, it's so funny because when we are um when I'm streaming, I don't have my headphones in at all.
>> Um and my microphone is always muted.
But right now since it's not muted, it's like everything and I have my headphones and it's like, >> yeah, >> you um yeah, I definitely need soundproof sound. I can hear the cars outside. Like I can't even hear them with my normal ears, >> but I can hear them. My microphone is picking up everything.
>> What are you using like a fancy microphone?
>> I know it's fancy. I got a road cer.
>> I bet there's blocking settings or something. Let me see because it >> No, we don't got to do that right now.
>> Oh, well, no. I think that um Yeah. See, I already got it on like reduce mic background noise through Streamyard.
I don't know. But I know is I can hear.
>> You're muted.
>> Yeah, the air conditioner just came on.
So, while you're speaking, I am going to try to I'mma mute on my end so no extra sound come through because everything is coming through on my microphone and I do mean everything.
>> Okay. All right. Yeah. Girl fight.
>> All right, guys. Here we go. Opening statements.
>> Mr. Trump.
>> Thank you, your honor. May it please the court, Mr. McDonald.
Oh. On July 31st, a Sunday morning, 6:15 in the morning, Strongsville police and emergency personnel received a 911 call.
There was a single car high impact collision at the intersection of Alama Road and Progress Drive in Strongsville.
The court had the opportunity to view this crash site earlier, and this is the scene that responding officers found a 2018 black Toyota Camry driven by the defendant. When the responders arrived, the defendant was wearing her seat belt.
She was in the driver's seat. She was immobile because of the severity of the crash. Also in the car was the defendant's 20-year-old boyfriend, Dominic Russo. Along with Dominic Russo was his friend, 19-year-old Davon Flanigan. Both of those young men were deceased on arrival.
Police began trying to unravel what had led to this incident and they discovered that the three youths had visited the homes of two friends the preceding Saturday evening. They went first to the home of Kelly Braha and they were there for about 30 minutes. Kelly will testify that this was not a party. It was a simple get together. No alcohol was consumed. No hard drugs were consumed at her residence. The three youths were only there for about 30 minutes. They then left and went to the home of Paul Berling House. This is the address on Brushwood, your honor. That was the start of the judge view that you went on. They spent the night at Paul Burlingous's residence. Paul Burling House will testify the defendant and her boyfriend Dominic slept throughout the evening, that they were on the couch. He did not see them ingesting alcohol or hard drugs. They watched TV and slept.
They got up at about 5:00 and at 5:30 the defendant drove her Toyota Camry through Strongsville, ultimately to the intersection of Progress and Pearl Road.
We know that because one of DaVon's friends, a young man named Tyler Croy, was tracking DaVon's GPS on his cell phone. There is an app called Life 360 and Tyler Croy was able to provide investigators with screenshots from the Life 360 app which shows the movement of DaVon Flanigan's cell phone as it went from the Berling House on Brushwood to this intersection.
Let me talk about Progress Drive.
Objection. What? Okay.
As you know, it appears on the state's map to be a relatively straight street.
It is nothing but a relatively straight street and full of undulations, and there is a substantial curve to the left and then a curve to the right approximately 2/10 of a mile from the crash site. Investigators were able to get surveillance video from three locations on Progress Drive. The first video is from a city camera located at the intersection of Pearl and Progress.
The second video was located on the Parma Movers building 2/10 of a mile from the crash site. The final video is located at the Euro Fence Test Oil Building, and it in fact captured the last few seconds of Dominicks and DaVon's lives.
This is a screenshot taken from a drone video footage that was compiled by the Strongsville Police, and it shows the nature of Progress Road. It's important at this location because this is taken from directly in front of the Parma Movers building where we have video that I'm going to play in a moment.
Then they play the video.
This is 5:34 in the morning showing the car blinker engaged well in advance.
Brakes applied as she deliberately turns on to progress. Before I show the next video, I will tell the court that the Ohio State Patrol sent out an expert crash reconstructionist. He used a digital scan of the entire crime scene on Pearl. He was able through his measurements and calculations to reach conclusions. Trooper Rosson will testify. The analysis revealed that the airbag control module equipped on the Toyota Camry identified a high speed of 100 mph during the approximate 4.75 second time window leading up to the first events associated with the collision under investigation.
Accelerator pedal percentages displayed 100% application with throttle percentages also peaking at 100%. No driver input brake application was observed during any of the events associated with the collision, offering evidence that the driver was demanding more power and speed from the vehicle than it was able to produce.
Then they played a video.
This is the second video from the Parma Lincoln movers. Trooper Rosson, in his expert opinion, will tell you that the defendant, at this point, 2/10en of a mile from the crash site, got her Camry up to 97 m an hour. Expert testimony will also tell you, your honor, that it takes 20 to 25 seconds for that Camry to get to 97 mph.
This is 2/10 of a mile from the ultimate crash site. Then they played a video.
This is the PLCco video and you will hear the Camry coming before you see the last few seconds before impact. Then they played a video. This is 45 minutes before the passerby located the crash.
By the time DaVon and Dominic had passed away that 2018 Toyota Camry contained what's referred to as an ex an electronic data recorder. We call it a black box in slaying, your honor. This is a table taken directly from that black box. We have an expert in analyzing that sort of data who will testify. Again, all of the state's experts in this case, your honor, are uncontested by the defense.
>> Objection.
>> Sustained.
>> This data contains information showing the last 4.6 seconds recorded on that Toyota and it shows strikingly 100% acceleration through the entire final 5 seconds. It shows no service brake was deployed during that final 5 seconds.
This is also taken from the black box analyst. He concluded it can be determined that the pedal was depressed to 100% for a minimum 5.85 seconds prior to the impact with the wall.
Strongsville employed a forensic mechanic. The forensic mechanic looked at the steering on the car, looked at the acceleration on the car, the suspension, the engine on this car, and he determined that this slipper worn by the driver was stuck to the gas pedal at the time that he was conducting his analysis of the car.
It had been held to the gas pedal and the floorboard buckled around that slipper, keeping it stuck to the gas pedal as the car was being serviced.
This comes from the forensic mechanics report after analyzing the Toyota.
He concludes the examination of the vehicle did not reveal any evidence of fault or defect that may have been caused or contributed to the inability to properly control the vehicle concerning steering, braking, or acceleration.
You will also hear from the defendant's trauma surgeon at Metro Health. We will submit the defendant's medical records, nearly 700 pages of hospital records.
She certainly suffered injuries being consistent with being involved in a high-speed collision. Among among other things in the medical records, your honor, certain statements the defendant made as she was seeking medical attention. She stated she wanted to die.
It was her fault for killing her boyfriend. She had feelings of grief, guilt, and shame. What you will see in the medical records is that the defendant at no time was treated for or reported a neurologic disorder or that she suffered from a stroke, a seizure, that she had passed out. She never told the medical personnel that and she was not treated for injuries consistent with any of those symptoms. Also from the patient from the defendant's medical records it showed that she indicated that she was alert oriented to name and current circumstances but without recall of the collision oriented oriented to person oriented to place oriented to time oriented to events. You will also hear testimony, your honor, that when the first responders were placing the defendant into an ambulance that they took off of her person an amount of psilocybin mushrooms as well as a digital scale located in her clothing.
The removal of those items were recorded on officer worn body cameras.
The defendant through her open cell phone GPS had been to this street on Alama and progressed multiple times at least seven times preceding the crash, including just 3 days before her cell phone GPS put her at that location.
Finally, your honor, you will hear from Dominic Russo's mother, from Dominic Russo's brother, Angelo. You will hear a little bit about the relationship between the defendant and Dominic. We will play the videos that Dominic Russo recorded in the weeks leading up to this fatal crash and we will have testimony for you about the incident that happened on July 17th on I71 where the defendant threatened to crash a car that she was driving with the defendant in it. You will also hear the defendant on October 21st walked herself into the Ohio Bureau of Motor Vehicles and applied for a new driver's license.
She was seen just weeks after this incident driving a car. She reported and swore to the BMV, "I do not have a condition that results in episodic impairment of consciousness or loss of muscular control. I do not have a physical or mental condition that prevents me from exercising reasonable and ordinary control of a motor vehicle." This is a text message that the defendant sent to Christine Russo.
This is the defendant's version of what happened on July 31st. She said, "I don't remember the accident. All I remember is turning on the street and then my vision faded into black. I wish I could remember. It would make me feel a little bit better. She texted Angelo Russo, Dominic's brother, on August 23rd. And on August 6th, on August 6th, Overworld, go in Dom's room and grab some photos from his desk of me and him so I can put them in the casket so he can be with me forever. On August 23rd, she told Angelo, "I'm so sorry. This should have never happened. I don't even know what to say to you or just feel so bad. I hope you guys can forgive me."
Your honor, this is our case. This is the type of evidence that at the conclusion of putting on for you, we will ask you, your honor, and anticipate findings of guilt on all counts of our indictment. Thank you, >> Mr. McDonald.
>> Okay, let me move this over to my screen. get to my big screen. Y'all can see I was coming. Mine is not going to flow like that, but y'all know what I mean.
If I can even make it through it.
Your honor, may it please the court. A few things that I would like to respond to the prosecutor's opening statement.
First of all, he said that he is not going to come in and play all sorts of texts as it relates to the conversations. Well, if he chooses not to do that, he will fail to produce the text as it relates to the July 17th I71 incident where at the end of it, Dominic Roso apologizes to McKenzie for what he did. We intend to introduce those texts because they are extremely relevant.
Second thing, they talked about the 20 seconds. The reason they are doing that they want to build this time so they can try to overcome the the argument about purpose knowingly and you can't form a purpose in a short period of time. In fact, the math will show that when that turn was made, my client was driving between 30 and 40 miles hour. So this talk about going from zero to 90 is irrelevant because we know for sure at the time at the turn she was going 30 to 40 miles an hour there then no no cameras picked anything up until about 5 seconds before. So there's no way they're going to be able to prove it was 20 seconds of the building speed.
They then talk about her statements, why she said it her fault and she killed him. If I were to drive home tonight, try to make a left-hand turn, someone is coming the other way. I don't see him.
There's an accident and that person died. That's negligent homicide. I certainly would have said it to the family. I am so sorry for what happened.
My ax killed them. That statement does not say I am guilty of a crime or murder doing something purposely.
All of the records will show from when the police first responded, she had no recollection of the events and that is consistent with what happens many times in accidents. And you will hear the police officers who have talked about that who have previously cross-examined that have agreed with them.
The prosecutor said there was nothing abnormal. Well, the responding officers, I think he's from Berea, got her blood ox at 82. He talked about what 82 means in terms of being low blood ox oxygen. I don't want to say oxygen. It's oxygen. The state will produce a witness from Metro who will say, "I don't remember anything about this patient, but I'll tell you what the medical records say." By the way, 82 is very low. When I first got this case and saw the charge was murder, I thought to myself, boy, if this is murder, they have to prove that McKenzie purposely did something. So, if she's driving a car and it was her purpose to kill these people, she must have wanted to kill herself, too. If need be, if that's the prosecution's theory, we will put on numerous witnesses who will say she was not suicidal.
And in fact, you will hear from the people of that night before, Kelly, and then Paul and Rosie, who were all who were at the party, second party, that everybody was fine. You'll hear from a relative who spent three hours with Dominic and McKenzie a day or two before this, and everything was fine. If she's not suicidal, then what is the purpose?
Is she going to drive at such a great speed that she can do this and she lives and the other people die? So, we're down to these five seconds. What I find interesting is that the detective did a pretty he did a lot of work. One thing that he did was he fought hard to recover the blood that was withdrawn from McKenzie as she was lifellighted.
The reason why he did that is because he executed a search warrant at the hospital asking for a blood draw and executed the search warrant at on August whatever day that he did it. They had destroyed it the day before but before they were supposed to.
So he went in and he checked. He found this vow, asked to have it tested, and in fact they tested it and she had marijuana in her system. There's all sorts of different levels. I think the detective is going to agree that she was above her se marijuana, but they didn't do anything and they didn't charge her with it.
Here's what happened. You'll have their expert coming in and the black box goes off. The first thing that triggers the black box is what the black box captured as a rollover.
That's when the black box starts recording. And it records for about 5 seconds. The expert will come in and and say that there was a sharp turn of the steering wheel to the right at about 5 seconds and then a sharp turn to the left and then a sharp turn back to the right. He will tell you the exact degrees. That's what started the black box. Do we know was McKenzie driving?
Yes, we do. If she p if she pulled that or did Dominic do that? We don't know.
Also, the prosecutor talked about this live 360 app. They also get from DaVon the backseat passenger, his phone. They look at it. They look at that and they see that he's looking at a text of a picture that he had received from his friend out of state some sunrise picture.
We know that DaVon at the ends up in the front seat seated on top of Dominic Roso. Could it been have been the kid screwing around as he just goes to the front and all hell breaks loose? And this young lady absolutely is not only speeding, but the speed of that kind is reckless.
It is clearly reckless.
What are some of the things that could have happened? You'll hear about the medical conditions of POTS and seizures.
You'll hear about the blood ox, about the perse ovi reading.
Is it just kids being kids? Is Dominic grabbing the steering wheel? is McKenzie maybe speeding saying, "Oh my god, it's dark out. I'm coming up to this. I better do this." And she goes like that to avoid an accident, not acting purposely, but trying to avoid it. Is it suddenly acceleration, panic?
Those are all possibilities. The other possibility is that I expect the expert will come in here and tell you about the side airbags. He has an has the EDR.
He'll be able to pinpoint when in a sequence of events the airbag went off.
What I am sure that he will say about the airbag is that it occurred about four and a half to 5 seconds before.
that is a significant force that it made a huge sound and there is talcum powder or some type of powder that is let go.
So if they only have 5 seconds of recordings and those 5 seconds are all what happens after the airbag is deployed, how can you come to the con any conclusion other than if anything she's reckless? And for those reasons, I think that we'll conclude I think that we'll conclude my opening statement.
Thank you. The court first witness. I don't know. Miss Cop whatever. I don't know who is Miss C. I don't know. Miss C, Miss Cup, Miss Cop.
So, we are at our first witness and the state is going to call Mike Galassis. Is this Galassie? I probably can't. I ain't gonna be I'm be messing up these people's last names and names. So, there we go with that. Um, let's see.
Bring you back up. Oh, sorry.
I'm just not see >> um I'll be like, yeah.
>> No. Yeah, you're fine.
>> Okay. So, Okay. So, we going into our first witness here.
Does anybody have any questions or do we just keep going?
>> No, we can take breaks and and see if anybody has any questions or if they want to go back over anything or want us to go back. Um guys, if you have any questions in regards to the opening statement, do we need to go back and revisit anything? You know, the funny thing, and I don't know if you had this issue when you reading the the statements, like I'm actually processing what's going on when they're saying it.
So, I'm kind of like stopping and wanting to >> Yeah.
>> like deep dive more instead of flow.
Like I'm like, "Oh, okay. That's interesting. Wow." You know, um you know, thinking about those things. And I think that a lot of people um um when when you when you read and stuff cuz it's interesting to me to to actually um hear the testimony come out.
So, and it's my first time like reading any of this. So, and knowing about this so it kind of like I'm like like I'm processing it and thinking about these things. Okay.
>> Her turn and how fast she was going and what the defense is saying. Well, wait a minute. And it it's bringing to pause like okay well they I mean they could absolutely be true in some of the things that they're saying or >> I just missing it because you know when um when you know he was talking about it like you know if it's going to be about her being you know sewer sidal or a suicide slide for YouTube purposes um I got to be careful with that. But if they're talking about that, then you know, he like, "Well, you know, they have all this information in regards to that." And it could could have been that this street is dark outside. There is really no traffic. Like, if you ever wanted to push your car to to the limit and wanted to speed, it's definitely a good place to do it, right? I mean, just honestly speaking, um, could she have been speeding and yes, that would be considered reckless and lost control.
And that's where the wheel grabs coming in at, you know, and even with them saying that um right here, we know that Dave that he ended up in the front seat.
So I'm like, okay, they could it be that somebody I mean, you absolutely don't know, right? Cuz no >> Well, I think that would have been easy enough to explain away. I was just She could have said that she was pedal to the metal flooring it because it's a long straight road and it was fun. And then if she blacked out or something at the end where it veered off to the right, like that's an explanation.
Why wouldn't she say that?
Well, I think that it it depends because with the with the act with the accident happening, it could cause her to have some kind of loss of the incident, right?
>> Sure.
So that still could be she don't know what happened after the term. But I think that she is being in some ways I feel like and we'll we going through this but sometimes I think it's her actions after the incident that caused a lot of her problems the way she acted, the things that she said, the things that she did. Even when we're talking about the driver's license, like I didn't know that she did the driver's license thing.
like she went and applied for a driver's license right afterwards saying she didn't have any of these conditions.
Like, okay, >> you can't do that. Like, you either gota you gotta stand 10 toes down that you got this condition and this happened and you have to forego your driver's license, but you can't go in there a month or two later thinking everything cool.
>> See, so I say like a lot of her actions because I didn't know that either. So, even when you were reading that part, I'm like, "Okay, now all makes sense."
like a lot of things that she absolutely did afterwards.
>> I mean, >> yeah. One question I have is why the blackbox registered uh rollover >> and deployed the airbags >> the turn. So, the airbags had actually deployed before they had actually hit the wall.
>> I mean, I don't know. I've I've only seen diagrams of the route and I don't see anywhere that it looks like anything significant would cue a rollover.
So, I don't know. That's just interesting.
>> Maybe with them um pulling the wheel, you know, at 90 miles per hour if you pulling the wheel. Um, and and when she hit the sign, well, the sign probably maybe when she hit the curve, it >> I mean, I don't know in the diagram, it only looks like a 20 like 20 degree ve like it's not a sharp veer, but I don't know. I don't know.
>> And see, and right there, you know, it's like you have to make a decision right there because that is it. Like either you're going left or you're going right.
So my thing is what if she, you know, 90 miles per hour or whatever it is, 100 miles per hour. Um, >> it's dark >> and wearing her seat belt, which she ob which she allegedly never did.
>> Why I wonder why didn't they have on their seat belts?
>> To me, that sounds like a plan.
But how did somebody plan for you not to put on your seatelt?
>> Cuz you never wear they never wear their seat belts.
>> Oh, so you saying the kids never they must have including her never wore the seat belt when she got in the car.
>> She put it on purpose.
Just a theory.
>> Yes. I'm like, well, how do you let somebody else control that much? You know, like shoot, if I say your TV, like I'm putting my T on. But I guess with with young people, you know, that may happen where they just don't um >> do it.
>> And then to turn her car right at the angle to where the corner of that building hits in front of Dom.
>> See, I think that's more of them um turning the wheel at different points of time when they seeing this wheel go left, right? I think he said right, left, right. Um, in here. I think that that could be that can be part of that.
And that why I hit there. I think that they may have been trying to get her to um that they may have been grabbing the wheel and after after she hit the sign and maybe cuz I think that she honestly probably wanted to hit it head on like if if that >> the intention of dying.
>> Yeah.
like hit it head on. And I think with the left, right? Wait, wait, wait.
Right. Cuz you know you coming down there. Um, if you going right, you going right and then left and then right, I guess. No. Well, if they pulling it back right, that should go to her way. And if they're making a right, the car would be on the driver's side.
And maybe it slid sh like did it slide into the wall? I don't know. But it was terrible when you see it kind of like speeding out. It looked just literally like a rocket ship coming down there from what I can see the times that I seen it like oh my goodness. Let's see.
I would >> keep talking because I'm gonna pull up this picture. You keep talking.
>> Okay, let's see.
The boys unbuckled to get out the car.
Hey SD said the boys unbuckled to get out the car. I can see that because I keep wondering like why. I mean, I don't I I just don't know. Like, how does that happen?
I'm thinking of all like, excuse me, I'm a pig. Let me see.
Sorry.
Look, I'm a pig. I'll just say I'm a pig.
Yeah. So the the road is Oh, the argument is that the road is not straight. Okay. So when you was reading your um opening statements um therapist, thanks Maria. Yeah. So I don't know what the time frame. Let's see.
>> Let me go back up here. Let me see if I can go up to your opening statements because he he explained he kind of said how um the road curves.
Um but you know, it's so funny cuz when you actually look at it on Google Maps, like the curves don't even really look like curves. And I didn't driven. I just don't I know it's bumpy. That's what I can tell you.
We're down five seconds. Okay, I'mma find y'all back up there. Let me see.
Okay, that's the thing that's open. Let me get back up here.
And I don't see anything wrong her saying she's sorry or that she killed him or anything like that because I think because she's behind the wheel. Um that's one thing that >> Yeah, that's one thing when people have accidents or anything like that or they going to say sorry even if they didn't do anything wrong. It's just sorry that we were in this position. It's kind of like that thing. So I don't hold too much weight on that portion of it. I almost think that if she was gonna do all this like she should have took some of them mushrooms.
I'm for real. Like I'm I'm Well, if you gonna do it, let's do it all the way.
Don't be playing these games.
Yeah, she had them in her bra like she had an ear.
>> Let me see. I'm just trying to get You can let me know whenever you got whatever if you got what you want. You want to show it.
>> Yeah. I was looking for a specific drawing and I can't find it. But um >> let's see.
>> You got time. I'm I'm trying to find where um where in your opening statement it had um in regards to the way the wheel kind of turns, how the street kind of turns.
>> What you're kind of looking up.
I mean, I got to be like so like scary to know that. I mean, that's almost I I keep trying to explain to y'all like I just don't even understand how you could do that. Like it's like almost like falling off a building in your dream and don't wake up. But I guess I guess I mean obviously it happened, right? That's why I'm like, well, did she not think at the last minute to say to do anything or them to try to turn the wheel? So, I think it maybe them even trying to turn the wheel. Who says for them trying to turn the wheel even though her speed may have been reckless that that didn't put them into the wall or make her maybe they saw it like I don't know.
Damn. Why can't I find it? Wait, let me search.
>> What are you looking for? I was looking um I was looking for the wheel turning because in your opening statements you had something where you talked about the actual wheels being turned to the street the street was turning like the road curves.
So when we were talking about the wheel turning um Moralda had brought up like that road was turning you know curves in certain direction.
>> It's on page 40.
Oh, >> and it starts a line two.
>> I'm just going through here and just trying to figure it out. Let's see.
Okay, 40.
Okay. So, the expert will come in and say that there was a sharp turn of the steering wheel to the right at about five seconds and then a sharp turn to the left and then a sharp turn back to the right.
He will tell you the exact degrees.
That's what started the black box.
>> Okay. If you can um pull up this thing that I'm sharing, it doesn't show a sharp beer to the right, back to the left, and then to the right.
>> Okay.
>> It only shows the one.
Let me remove this and let me add this maybe. Okay, here we go.
Let me see it. I think you may have to blow it up on the end. You got text it.
Oh.
Okay. Yeah, you can draw it.
Can you see that? Okay.
>> Yeah, I can see it. Can you guys see it?
Okay.
So A and B is like where she veers off.
>> Okay.
>> And straight into that corner.
>> And the sign is where which one do we have? What do they have for the sign?
>> I'm guessing the F and E is the sign.
I don't I haven't really um paid too much attention to the sign stuff, but I know Curveville talks about it.
Um okay, but I see Okay, there is a slight curve, but she was still on the road fine in all the videos after the curve.
Yeah, that's what I mean. It does seem like she it almost seemed like a a straight straightaway in some ways.
F and E is the sign. He said F and E is the sign. Okay.
So, if that sign wasn't there, I don't know what would have been different back too.
But Kerbal said there's a tree like dead center of this uh tea crossing. So she could have swerved to miss that tree.
>> So there So in everybody's mind like even if she's driving real fast, there's no way that she could have just lost control.
>> No. Sorry. No, I don't think so.
Oh, why not? Oh gosh.
I mean, cuz you got to meet make this turn.
>> Yeah, there's a stop sign.
>> Yeah, but remember like >> and she's driven this road many many times. She knows what's on this road.
>> I think that's the problem. The brakes.
>> I mean, cuz you would see some tire tracks. she would see some marks in the grass. I think that's the biggest >> with her with this incident is no breaks. I can I now that will probably be the biggest and I that's why >> she never let off the gas.
>> Yeah. So, I think that's the biggest problem with all of this.
Yeah.
Yeah. So I think like if if she would have just tried just a little bit, you know what I'm saying? Like just tried >> a little bit what >> to break.
>> She didn't want >> I mean they still probably would have hit the wall. I don't would have stopped anything but it would make it look different on her end possibly.
>> Yeah. in regards to the intent >> at least having like a second thought like oh what am I like I shouldn't do this like some kind of regret >> yeah they do have um video of um the crash somebody they have video of that part >> um you want me to play that >> yeah we Yeah.
Okay. So, I have four videos.
>> Okay. Let me um This is seven minutes. Do you want me to fast forward to when you can start to see them?
>> Yeah, I think I don't think because it's just going to be like the >> Yeah, this is the cross street. You'll just see them drive in front.
Oh, that's another vehicle approaching.
>> Yeah, that's not them.
>> Wow. See how he put on his blinker and made his nice left hand turn.
Came to a complete stop.
So, this car came down there before her, like right before her, right?
You hear it?
H. Nothing else happens.
But thank goodness that car wasn't coming down there at the time she was coming down there or that wasn't.
>> Oh no.
>> Oh my goodness. Maybe that would have gave her a second thought.
Such pretty grass even at night.
>> You ever been to this area?
>> Many and plenty of times. I know the road is bumpy and it's it's it's it when you go around and you go to the left and the right, it takes you out to another main it takes you out to like a main street. So even though it's like industrial, you know, business behind there.
>> It's not like it's uh like nobody would go back like it's not like it it it's a welltraveled road is what I like. That's why the person that was jogging over there was jogging there because because that's who, if I'm not mistaken, that's who found her is because that's what kind of area it is. Um, >> I read it's like a pretty popular cut through.
>> So her going down that road was not like shocker if that makes sense. like cuz it's a cut way to a different way, but >> the back roads of so that part wasn't and her going down there um a lot was really it wasn't that shocking to me.
>> He said we should hear so I'm on mute.
Curry said, "Is it not this video?"
Shoot.
Wow. And and then for that to pick up that type of sound because when the other vehicle was going down there, I think you can do like 30 to 40 miles down that that roadway, right? So the other vehicle, you didn't hear any sound, you know, it didn't pick up any sound from that vehicle that came down there and made that nice blinker leftand turn.
Makes my stomach hurt.
>> I know. I couldn't even imagine like and you know nowadays with vehicles when the car is moving the doors automatically lock soon as you start moving them. I wonder if that makes a difference in regards to if they were trying to get out if they couldn't.
Hang on. I'm pulling up this other one.
>> Oh, take your time. Yeah, I think that um I'm almost sure that the speed limit is over there. It's probably about um excuse me about 25 to 35 miles per hour.
Just so you guys know, um they in in Ohio in those areas like um yeah, it's probably about 25 to 35 miles per hour. Um I don't think they have many roads that even go over 35 miles per hour. So when even when you talk about coming down Pearl um where she before she turned on to Progress, Pearl is probably maybe 45. Um unlike like some areas like I'm in Arizona now and I don't care what kind of street you on is is 45 and it it don't even matter. And the freeway is like I think our freeway is like 65 or 70 at bare minimum. And down there in Ohio I think everything is like 60 65 maybe on the freeway. So um I think because and the reason why you probably didn't see it is because um it's in it's like businesses back there.
So it's just like a lot of factories. Um you hear that the one video footage is coming from the moving company. Um, so that's kind of like what's back there. I do know that, you know, at some of those back there, they used to have like food trucks and stuff like like that. So, um, not like I said, it's a it's like a cutth through place and it's and he was watching a picture of a sunrise.
He seen a picture he got to receive a text message of some type of sunrise at that point in time. like how um eerie did it seem eerie to me like to see something like that. Let me go ahead and put this up.
It looks like they're getting this all from the same building. Correct.
Yeah. From different sides of it.
Who? Oh gosh, that was loud.
>> Isn't it crazy how it just went right back silent >> and then it's 10 minutes of silence.
>> Just right back silence.
So that mean nobody was yelling. Nobody.
I mean, I don't know if they would have picked it up or not, but >> I'm doing it again.
Like, there are humans in there.
I don't know why I'm grabbing on my leg.
I'm grab I'm like pressing on the brake over here like [ __ ] Stop.
>> Like I can't even understand how a person does that. Here, we'll pull that down. And um you said you got another one.
I think was it the sign view like oh my >> there's there's two more >> I could imagine >> my my break grief I know it's almost time for me this one I need to add or are you ready for me to add it?
>> Yeah and let me just say trigger warning because it opens directly to it about to happen. So, >> okay.
So with this view it seemed like do we think that so do we think that most of the sound from that we're hearing is it more of that sign that they hit or >> I think if you listen you can hear the first bang is the sign and immediately after is the collision >> or this one we can >> this one well in the Last one too.
>> Yeah, you could hear it better.
>> I mean, not to say that I want the worst one, but um the last one it sounds like one big thing. This one doesn't even it don't even sound like it picked up as harshly if that sense >> as the other one because this just really sounds like a sign and not a a a wall like that's why I'm wondering like when we hear the impact is it more or less from the sign echoing or the wall is Whose car is that what car is that going that way or that's another Oh, that was that white one we saw at the beginning.
>> Okay. Oh, so we going to see her come across this way.
It says at 539 and 40 seconds is the crash.
If that helps you on the timer, I can see it is at 54316.
53752.
So, what do I need to go to? Um, at the top you'll you see the little timer that we got there at the top.
>> Oh. Oh, okay.
>> I'm sorry.
Okay. So, it must be okay. Right there.
Should be good. And there's no audio.
Oh, that's the sign.
O God.
And it's just 10 more minutes of nothing.
So, did they ever say did these these cameras do they activate off a motion or anything like that? Because I I'm just wondering like no cars drove down there cuz they didn't find them for like almost 45 minutes >> to a driver counter.
>> So I just wonder like did no other cars or anything come down there or you know at that point in time or how does that kind of work?
>> I don't know. They have to be recording all the time I guess.
Um, I want you to listen to the sounds here.
>> Bless America.
Did you hear that?
Did you hear the first?
>> Yeah. It sounded like a like a chip like chip clip. Boom.
>> Yeah.
>> Yeah. Even in that last video, we saw the semiis and stuff drive by. Um that wasn't driving by before, was it?
Curve.
The semi that we seen. They didn't drive by before it. I mean after after it.
Right.
I can only see think that people would not have noticed it if um cuz her vehicle was dark.
>> Yeah, there was no lights on or nothing.
>> It's dark out there.
Um why didn't she have any light? Like why weren't there any >> rear lights on?
>> Lights were on the car as it was going down there because that's how they was able >> No, I know. But when it when it's crashed, how come nobody saw her saw the car? Where were the lights up is what?
>> Car damn near split in half and then they cut off all the electricity.
>> Oh, they did have to use the jaws of life. Yeah.
>> Yeah. So maybe that's why. So everything probably just got destroyed where you couldn't see anything and somebody just happened to be jogging by and see that.
Yikes. Yeah, that's that that's >> it kind of like puts it in a whole different I don't know like when you're just reading or listening to somebody read or whatever but seeing the video is I don't I don't like the way it feel in my guts. I don't like it.
>> Yeah, I know. I told you I said I'm grabbing my pants >> like just waiting for the the the the the sound is so god damn like good grief god got to be more careful like yeah >> y'all might need a time out. Let me see.
Okay.
>> So, >> real if you do.
>> No, I'm good. I just that's >> just, you know, just hearing it is kind of like >> Yeah, >> it is. It I mean, I've seen the video before. Um, but one thing I will say is that I got my headphones in, so it's probably like real real extra. and just kind of like watching it on my phone, but just hearing it and um Yeah. Yeah. Like, and that's why cuz I could never understand and that's why I keep because I've seen the video before. I could never understand how could somebody just uh do that without not wanting to um take their life. Like >> if I I that's why I can't get that part away from me because she had to be >> trying to end her life too. Like it's just no way around it if if we seeing this. Now not to say that that takes anything away from because just because you want your life don't mean that you are allowed to end other people lives, right?
>> She she wanted to take him right with her.
>> I think if there was suic suicidal intentions that's still intention for >> Yeah. murder if there's another person in the car.
>> Right. Right. Yeah. Right. And that's that's the big that's the big thing. So even when her attorney in his opening statements is saying, well, you know, I can bring up many of people that said that this was not um the case, you know, that that those were not her intentions. Then okay, then that leaves us only with a couple other options. either she was driving down this road, you know, and I like how any of y'all have not if y'all seen the crash and he was like I don't know which show I was it might have been on the Hulu and the detective I think was it is it this guy um True that's on there on the >> attorney.
>> Okay. He's the attorney. Who is the detective that that talks on the specials if y'all know >> with the ball head? I think he got a ball head. He's like in all the the the the specials.
>> He was like, "Yeah, in her little Prada slipper." He was pissed about that slipper.
He was like, "Yeah, that Prada slipper."
because they thought that her slipper caused it to be accelerating, but it just, you know, and he made mention of it in here that when they come to look at the vehicle, it's not because of the slipper. It is because of, you know, it was pressed down and accelerating that everything, you know, >> Yeah.
>> crushed on top of it. And and like she wasn't like in real great condition either. Like they found this this girl.
She was all under the damn. She was up under the dash.
>> Yeah. She was like folded over in a U shape with her legs under the driver and her head under the passenger. How her face didn't have more injury is crazy to me.
>> Do you think she she took her hand off the steering wheel and >> I don't know. you know, like, you know, like one of those I'm closing my eyes and you know, because people, you know, unfortunately >> Jesus takes the wheel kind of a thing.
>> That's the only way I could think this happened. Like, >> just because it's so hard for you to understand that somebody would do this on purpose.
Yeah, cuz I'm trying to think like she had to, you know, close her eyes. But then it worries me like what were the guys doing at this point in time?
Were they grab was this the time? Cuz you know, >> I know the gear shifter was moved from neutral to drive, from neutral to drive.
That tells me that somebody was doing that in an attempt to make her slow down.
So, I wonder like and then I also read that Dominic was asleep.
>> Oh, >> I don't know if that's true, but so in my head, DaVon's messing with the gear shifter cuz he's in the back seat trying to make her slow down.
>> And that's how he ended up up there.
Wow. How do they know? Do we we I'm I'm assuming as we go through this, we'll find out u reports of um do we even know like what time frame from the time that they left Paul's or Rosy's house that night to >> Yeah, it it tells us in these transcripts.
>> Okay, cool.
>> Wow. So, we have our is this is his last name. I'mma put it up here on the screen so you can see it because you probably don't.
What's his cup? I kach kapuch kup kup kupach.
>> Shoot >> cup. Damn y'all. Y I'm be look we gonna be we going to I I personally am going to be saying whatever part of the name that I can say. So it is I'm going to say Mike. If I had to say Mr. G, I am going to say Mr. G. If I had to say Miss Cup, I'm gonna say Miss Cup. Y'all, this is I am not a good name pronounce. I do not pronounce names well. And as I have stated, full disclosure y'all, my mouth moves faster than my brain. I do not, for some reason, that is really a um one of my things.
>> I think it's Kupac.
>> Kupac. Yeah, it is definitely one of my things. You know, it's so funny because I went in Walmart the other day and I seen the shirt cuz my my husband, he couldn't understand what I was seeing when I kept seeing that. And I'm like, I don't know. It's something about it. And um I went in this Walmart the other day and they had a shirt and it said, "Warning, mouth moves faster than my brain." Like, and unfortunately, I am one of those people.
>> Yeah, that's all right.
>> And it is what it is. But I will let you know. I mean, I'm going to call it cup and Mr. G and Mike. And >> that's fine.
>> We will figure it out. And so we will do you want to um we'll start off with our first witness who's going to be sworn in as Mike. So do you want to um what part you want to play? He look like I don't know how long he's going to be up here. I don't know what he doing.
>> I'll do whatever you want.
>> Okay. Well, um guess you you can be Mike. You want to be like Mike. I want to be I want to be like Mike.
>> Okay. So, okay, I'm ready.
>> Okay. The court first witness.
The state calls Okay. The state calls officer Mike G.
Raise your right hand for me.
the state of Ohio to maintain the issues on his part to be maintained called as witness Mike G who being first duly sworn was examined and testified as follows the court please take a seat the microphone will adjust but the chair does not thank you your honor may I inquire go ahead officer >> good afternoon.
>> Could you please state and spell your first and last name for the record?
>> Yes, my name is Michael Galassie. My last name is G A L A S I.
>> Thank you, Officer Galasi. Are you employed?
>> Yes, I am.
>> Where are you employed?
>> Strongsville Police Department.
>> And how long have you been employed with the Strongsville Police Department?
>> Over five years. Do you have a specific title there that you go by?
>> Yes, I'm a patrol officer currently assigned to the traffic unit.
>> How long have you been a patrol officer for?
>> Five years in Strongsville and before that I was a police officer in the city of Cleveland.
>> Okay. What was your title while you were with the city of Cleveland?
>> I was also a patrol officer.
You said that you were in the crash department at the city of Strongsville at this point.
>> I'm currently taking training to become a crash reconstructionist.
>> How long have you been in that department for?
>> January of this year around that time I went to the traffic unit.
Officer G, could you please explain for the record first what type of training and certifications you have to undergo to become a police officer?
>> Yes, absolutely. First, to become a Strongsville police officer, you have to have a 4-year college degree. In this case, I have a 4-year bachelor degree in sociology, criminology, and criminal justice. Since I was able to become a Strongsville police officer, they require an OPOTA or prior police experience. To become a police officer in general, you need about six months of training at the OPOTA Academy with the state of Ohio. I did that with the city of Cleveland. I have attended the Cleveland Police Academy.
In your capac capacity as a police officer with the Cleveland and Strongsville Police Department, did you have to undergo any specific certifications or trainings with regards to medical attention of individuals that you encountered while on the job?
>> Yes, we receive a lot of trainings such as every year we have to get CPR certified with our department. We also got training on that in the academy.
trainings in general. I have attended a lot of trainings, especially pertaining to crash investigation and I'm also a field training officer. I don't know what else you're looking for.
>> Thank you. You said that you are working to become a crash reconstructionist.
>> Yes.
>> Can you explain to the court a little about the training that you have to undergo undergo so far while being in that department?
>> Sure. The training that I have undergone is I went to crash reconstruction 1 and I'm going to crash reconstruction 2 which is a two-eek class in September.
>> Officer G, could you please explain for the court some of your daily duties and responsibilities as a patrol officer in the city of Strongsville?
>> Sure. As a Strongsville police officer, we're there to serve and protect.
protect life and property, enforce laws, respond to emergency calls of service, respond to accidents within the city, and we also respond to various crimes and calls for service in the city, be it theft, domestic violence, or just complaints we can talk with our citizens about.
>> Can you explain for the court what a normal day is like in the city of Strongsville? How you receive a call for service?
>> Sure. We get a call from our dispatch center, which is the Southwest Dispatch Center. If they get a 911 call or a call from a non-emergency line, they would funnel that call to the proper city. In this case, it would be Strongsville.
>> Officer G, do you typically what type of vehicle do you typically drive >> at work?
>> Yes.
>> We have two different vehicles. One is a Dodge Charger, the other is a Ford Explorer.
>> Do you drive in that vehicle alone while on duty?
>> Yes, we are one man cars. And if you are on duty, you are by yourself in that vehicle.
>> Thank you. Officer G, I'm going to take you back to July 31st, 2022. Do you recall if you were on duty that day?
>> Yes, I was on duty.
>> Do you recall approximately what shift that you were working that day?
>> I was assigned to the night shift.
>> What is the night shift hours? Night shift hours are 10:00 p.m. to 8:00 a.m.
>> Were you on duty at approximately 6:15 a.m. that morning?
>> Yes, I was.
>> Did you have the opportunity to respond to a call in the area of Progress Drive in Alamita in Strongsville?
>> Yes.
>> Can you explain to the court how you received that call and how you responded?
>> Sure. During that time, I was a field training officer with Officer Zillinsky.
I was training him. We were assigned to car 13, which was an Explorer, and we got a 911 call that there was a vehicle that crashed into a building at Alama in Progress. We took the call and responded. We took Pearl Road, went left to go westbound on Progress Drive.
That's when we arrived on the scene of the crash.
>> Officer G, being a Strongsville police officer, had you be been to the intersection of Progress and Progress Drive in Alamita before?
>> Yes. Approximately how many times?
>> You could say hundreds.
>> Okay. So, it's safe to say you are familiar with the street in that area.
>> Yes, I was.
>> Officer G, do you recall approximately how long it took you to respond to the scene?
>> Minutes, maybe two.
>> Thank you. What happened next?
>> Once we got on scene, I had my patrol officer, Zillinsky, park the car. I saw the vehicle in the building. I observed a black vehicle. I got out and started running. While I was running, I immediately notified my dispatch via radio right here on my chest right here, my shoulder, I should say. There is a black car in the building. It looks like it's cut in half. Heavy front end damage and appears it's cut down the middle. I let my dispatch know that it is pretty severe. When I got to the driver's side window, I let them know it was occupied with at least one person. I saw the body of the driver, the lower torso of the driver.
>> It was difficult to hear. And you say you approached the driver's side door or window. What did you observe?
>> The window was intact. All that I could see was the legs and lower torso of what happened to be a female. Sorry, what appeared to be a female. The body, the upper half of the body, I could not see.
It was on the passenger side underneath the passenger dashboard. Caved in on top of her.
>> What did you do next?
>> Let my dispatch know and I ran around. I couldn't see the other side very well due to the significant severe damage. I ran around the vehicle to look at the passenger side for more occupants. I saw a second occupant. I let my dispatch know it was occupied at least two times.
Can you explain to the court where you saw the second occupant?
>> Sure. The second occupant, which was later identified as DaVon Flanigan, was on top of the passenger seat with his back on top of the passenger seat and his head facing the top of the car.
>> When you observed this individual inside the vehicle, were you able to see or observe any injuries?
>> Yes. It appeared that he was not breathing. There was blood coming from his ears and his face. It appeared he had a severe head trauma. So, it was a pretty severe injury, what appeared to me.
>> Officer G, you testified this person was later identified as Davon Flanigan. Is that correct?
>> Yes, that's correct.
>> Could you explain for the court how you identified this male as Davon Flanigan?
>> Yes. I believe DaVon had his wallet on him and inside of his wallet there was an Ohio driver's license. That's how we were able to positively identify DaVon Flanigan.
>> Thank you. At this time, were you able to determine the life status of Mr. Flanigan?
>> He appeared to be deceased.
>> What did you do next?
>> We kept looking. I kept looking. Based on the severe front-end damage and the airbag deployment, it was kind of hard to see at first, but there was a third occupant of the vehicle. It was a male.
The passenger seat was folded back. And that male, DaVon, was kind of on top of him. That male also had severe life-ending injuries.
If you could elaborate a little further, and I know that you described it before, but could you explain for the court one more time how the front and the back passengers were positioned on top of each other?
>> I'll do my best. The passenger seat was reclined all the way from the impact.
I'm assuming Dominic Russo, who was in the passenger seat, which I later identified him to be Dominic Russo, he had severe head trauma. His head was crushed. His body was broken. DaVon Flanigan was lying on top of him. It appeared that just from what we assessed on scene that DaVon Flanigan was a rear passenger, no seat belt, and from the impact, he was thrown to the front passenger seat.
>> Objection >> sustained.
>> Thank you, Officer G. You have stated the front passenger was later identified as Dominic Russo. Can you explain for the court how you identified Don Dominic Russo?
>> Yes. After a little investigation, because he had no ID on him or in the crash debris, we were later able to identify him as Dominic Russo. Metro Hospital contacted us and let us know that the female driver told them that it was Dominic Russo as the front seat passenger.
>> And based on your investigation and your resources in the police department, were you able to confirm that yourself? Yes.
>> Thank you.
>> We were later. Do you want me to elaborate on that?
>> No, that's okay. Thank you. Officer G, what happened next on the scene?
>> After I saw it was occupied three times, three people, two at the time, I thought all three were dead. I ran back to the driver's side and I attempted to bust out the window. That's when patrol officer Valco arrived on scene. I know he has a good window breaker. He busted it out for me. That's when we were able to cut the airbags to see a little bit better into the vehicle on the driver's side. That's when we got a better view of our driver who was later identified as McKenzie Sharilla.
>> What did you do next?
>> Again, I relayed everything to our dispatch. I also on scene we heard mumbling. We found out that McKenzie was alive. It was hard to tell because she was pinned. I notified dispatch the driver appears to be alive and asked the driver to step it up.
>> You referred to the driver as McKenzie.
Can you explain for the court how you were able to identify the driver of the vehicle as Mackenzie Sharilla?
>> Sure. There was a license plate in the rear of the vehicle. After we radioed that into our dispatch center, I believe we asked if there's any females, young females associated with that vehicle.
They were able to tell us it was associated to a Mackenzie Sharilla.
>> Okay. Officer G. Did Strongsville Fire Department arrive on the scene eventually?
>> Yes.
>> What happened next when they arrived on the scene?
>> Prior to their arrival, I let them know it was a severe accident, and we would need all three to be extracted from the vehicle via mechanical means. They arrived on scene and used the jaws of life as a reference to start cutting the door off or cut the door open, I should say, to try to free the occupants of the vehicle. Do you want me to keep going, >> please?
>> They were first able to extract DaVon Flanigan first. After he was brought out and put on a stretcher, he was put in a fire, an ambulance, I should say. They next attempted to free McKenzie Sharilla from the driver's seat. It took a little time. Again, the dashboard was pinned on top of her. They did get her out.
Dominic, they got him out later. That that took more time, obviously. Were you able to observe McKenz I'm so sorry.
>> No, you're fine.
>> Were you able to observe Mackenzie Sharilla being removed from the vehicle?
>> Yes, I did.
>> Okay. Were you able to hear anything?
Did she make any statements?
>> I believe I asked her, "What's your name, honey?" or what's your name?
Something like that. I remember she yelled her name was McKenzie. I'm McKenzie.
>> Okay. Did you determine through your investigation if she made any other statements on scene at that moment?
>> We were trying to find out who the other two occupants of the vehicle were. My focus was who were the boys. We tried to ask. I believe she asked.
>> Objection.
>> Ruled. You may answer.
Go ahead. You can continue.
>> Okay. She said it was She said, "How is DaVon?" I remember that. And she mumbled the name Jacob. That's all I remember.
>> What happened next with McKenzie?
>> We were focused on having medical personnel help her. She had significant injuries with her leg and her arm. I believe they took her. I believe it was the Berea Fire that showed up and took her. DaVon was in the back of one of the one of our FD ambulances and Dominic, we were not able to get out that quickly.
>> Okay. Did anything significant happened on scene that day after McKenzie had been taken by the Berea Fire Department?
>> Can you be more specific with that question, please?
>> Are you aware of McKenzie Sharilla was assessed by the Berea Fire Department?
>> Yes, they took her in the back of their squad.
Are you aware while being examined if anything significant happened?
>> Yes, I was told by patrol officer.
>> Objection.
>> Sustained.
>> Sustained.
>> Officer G, after these individuals were removed from the scene, what did you do next?
>> After all three were removed from the scene.
>> Correct.
>> After the individuals, we got a lifelight going. In fact, we had two lifellights coming. One was cancelled.
They lost the pulse on DaVon. We wanted another flight to come obviously for Mackenzie Sharilla and her injuries.
>> Okay. Was Mackenzie taken?
>> She was taken by Metro Lifelight that landed shortly after and took her to Metro Hospital.
>> What did you do next?
>> I contacted the coroner's office and let them know our location and let them know. I gave them the name of DaVon Flanigan and I let them know we also had a second male who we later identified as Dominic Russo.
>> Did you have the opportunity to respond anywhere after the scene that day?
>> Yes. After we left the scene, myself and patrol officer Zillinsky went to Metro Health Hospital.
>> Did you have an opportunity to speak with anyone while at Metro Hospital?
>> I spoke with three individuals, the two being the parents, one being a doctor.
Can you explain for us your conversation with the family? Objection.
I'm going to sustain it as to form. Miss Cup, thank you.
Officer G, did you say anything to the family that day?
>> Yes, I told them the facts. I told them your daughter was driving a vehicle, crashed at Progress and Pearl, gave them the address, and there were two dead young boys in the car. My purpose was trying to get the identity of the second male.
>> Based on your conversations with the family that day, were you able to make a further identification?
>> Yes.
>> Who were you able to to identify based on the conversations?
>> Dominic Russo.
>> Yes. You said you spoke with a third individual at Metro Hospital.
>> Yes.
>> Who was that third individual?
>> The trauma doctor who was on staff that day. I had spoke with her.
>> Based off any conversations that you had with the doctor, did you learn anything that was relevant as part of your investigation?
>> Yes, we learned >> objection overruled.
>> We learned that they did an alcohol screening. There was no alcohol.
>> Based off the information, what did you do next in your investigation?
>> I kept my sergeant constantly updated with what I was doing. From that, I let the doctor know we would get paperwork for blood work.
>> What did you do next after that?
>> After my business was done at Metro, >> correct?
>> I made my way back to Alama and Progress at the scene of the crash.
>> And what did you do once you returned back to Progress and Alamita?
>> When I got back, it was we attempted we did evidence collection at that time when we arrived back on scene.
>> Thank you, Officer G. Can you briefly explain for the court what your policy and procedures are in the Strongsville Police Department for collecting evidence at the scene at a crime scene?
>> Sure. With evidence, we want to wear gloves. You don't want to cross-contaminate anything. You want to mark, tag, and enter properly property individually into the report. And you also, if I didn't say, you want to take pictures of what you were collecting for the property room.
Where did you transport all the evidence once it's once it's been collected?
>> To the Strongsville Police Department to our property room where we mark, tag, and have the property.
>> Were all these policies and procedures followed that day at Progress and Alamita Drive?
>> Yes.
>> If you could just go over briefly for the court what you collected as part of your evidence collection that day.
>> Yes. 8.1 gram of mushrooms, digital scale, two cell phones, a bong, THC pin, bag of marijuana, purse. That's all that I can remember. A Cadillac key fob.
>> Once all the evidence was collected, Officer G, what happened next?
>> That was entered into the property room and then I contacted I'm sorry. When we were done at the scene of the crash, the car was towed by Center Towing. on scene. We notified our chaplain, our police chaplain, Father Joe, to arrive.
We knew we had to make notifications to the family. So, that's what we worked to do. We notified the Flanigan family.
They were out of town. We did the best we could and let them know what happened and that it's important they return back home. And we also contacted the Russo family and let them know what happened to Dominic. So, notifications were made.
>> Thank you. I'm going to jump back pretty quick. You said that you marked, tagged, and entered 8.1 grams of mushrooms.
>> Yes.
>> In your training and experience as a police officer, are you familiar with what mushrooms look like?
>> Yes.
>> Are you able to identify on scene what you were entering into evidence was mushrooms?
>> The only way to do it would be it's a bag of mushrooms. It's a bag of a scheduled one substance. In your training and experience, what do mushrooms look like?
>> Well, they're round at the top and have a stem.
>> Were you yourself able to weigh those mushrooms?
>> I don't recall if I weighed it personally, but we weighed it and it was 8.1 g.
>> If I showed you the mushrooms you collected that day, would you be able to recognize them?
>> Yes.
>> May I approach your honor?
>> Yes. Officer G, I'm handing you was marked as state exhibit. Do you recognize state exhibits five?
>> Yes.
>> What is state exhibit five?
>> It's a bag of mushrooms which is 8.1 grams.
>> Is that the set of mush mushrooms that you recall recovering on the scene that day?
>> Yes.
>> And entering in the evidence that day?
>> Yes. And just for the record, Officer G, is there any specific depiction on the front of that bag?
>> Our property tag from Strongsville Police Department.
>> Is that typically what you use during processing the scene?
>> Yes.
>> That's consistent with collecting evidence and tagging it as you described.
>> Yes.
>> Thank you. Officer G. You also said a scale was part of the property that you collected. Is that correct?
>> Yes.
>> Could you explain for the court what a scale is?
>> A scale is a device used to weigh things.
>> In your training experience, are you familiar with what a scale looks like?
>> Yes, we come across them quite often, especially in traffic stops.
>> In your training experience, what are they typically used for?
>> Weighing drugs. May I approach your honor?
>> Yes.
>> Officer G, I'm handing you a states exhibit six.
What is state exhibit six?
>> It is a digital scale.
>> And is there any specific uh depiction on the front of the bag?
>> Yes, there is a Strongsville Police Department property tag.
>> Is that consistent with the scale that you recovered on the scene that day?
>> Yes. and entered into property?
>> Yes, it was.
>> Thank you. Officer G, are you familiar with what a bodywn cam is?
>> Yes, very familiar.
>> What in layman term for a worn body camera?
>> We have a body cam on our chest that records everything we say and do during our duties.
>> Can you explain for the court briefly how you operate the body cam?
>> Sure. I have a block here. You click to activate it and can click to stop it or I can double tap record or to stop recording.
>> And how often do you use your body camera?
>> Every day at work.
>> Once you finish using your body camera at work for the date, what do you do with that footage?
>> You make sure to mark it with the CAD in the event the recording is from.
Did you have opportunity to review your body camera once you uploaded it from them from your ship?
>> We do have the ability to review it for report writing purposes.
>> Okay. Were you wearing your body camera on July 31st, 2022?
>> I was.
>> And were you aware if the body camera was activated?
>> It was.
>> If I showed you a copy of your body camera from that day, would you be able to recognize it?
>> Yes.
I'm going to show you show the witness what is going to be marked as state exhibit 2 and that is the body camera footage. I think I actually have that when he first arrived too.
>> I don't know. Do you think we should play it?
>> I think >> I think I do have it. Do y'all have any questions or concerns as far I think I'mma get it up for some stuff that we can show.
I think I think I got it. If I can find it real quick. If I can't find it, then we'll leave them out. But >> I'll be right back.
>> Oh, okie dokie. Let me see.
Give me one second, guys. I'mma see if I can get this up. I caught myself making like a little playlist for this so I can know a different stuff. So, let me go into my my Wait a minute.
You Okay, here's my playlist view.
Okay, that's the body cam at the hospital.
That's her body cam near. Wait a minute, y'all.
Sorry about my typing, guys.
Okay, I thought I had it pulled out, but of course I got all the other body cam stuff of the hospital and everything, but I know there's body cam footage of it. Um, or when he first gets there on scene and he's like trying to break out the windows.
Um, let me see.
Which one of these will work for this?
Let's see if this one will work.
Oh, that's her being arrested.
And it's probably on one of these other Okay, this is her body cam. Maybe it's on this one. Oh, no. This is when they getting her into the ambulance. Wait a minute.
Okay. No, that's going into the ambulance.
I thought it might show them breaking out the windows. I know. I seen a video where he's like trying to break out these um windows.
Let me see.
Okay, that's her arrest video.
Okay. Well, maybe I can't find it. I thought I got all these other body cams.
I thought I had it in here, but I guess I don't. Oh well. Okay.
You want to tag in? You definitely can.
We can play tag. The more the marrier.
I'mma add you back to the stage. Um therapist. I can't find it. Can anybody else find it? Maybe for another break where we can see that.
You see, I added you back to the stage therapist.
>> Yes.
>> Audrey said she'll come and say she'll come up here and tag and do some um talking.
Listen. Okay. Um >> you just tell me.
>> You hear him talk about on 2.5.
What?
>> You know, >> oh that's always Yeah.
>> Oh gosh.
>> You should go to sleep.
>> Look. Yeah. And wake up and then put us on 2.5 and then tell us how funny we were. If anybody can find a video of um the officer breaking out the windows, let me know.
You said you got to get your hair done.
Well, we're going to be doing this for a while. I I think like not I mean not just today like it's going to take us time to get through this. But I guess my question to you guys is like is this helpful as we're going through this like put a one in the chat if y'all enjoy like listening to this. Like it it's it's even easier for me to read not having to go through by myself, right?
Us kind of like role playing this out.
Like I almost wanted to go get a dog on bag of mushrooms. Like okay and let me go get this scale. Like so is it helpful for us reading it out to you guys? I just want to make sure cuz that's the whole point of it is kind of like you prefer just clean reading first. I don't what what does that mean?
>> Means no commentary, no nothing. Just reading. Oh, what about with the videos?
I we I think what I Yeah. And I get it.
Yeah.
Okay. Well, long as y'all long as it's is helpful and you know that's the whole purpose of this. I was looking for the video when they because I was trying to, you know, as they're playing the video to also give me and therapist a break in between this of doing this. Um, if you know any videos that we can play in between it um that we can have access to. Um, yeah.
So, I was looking for the video. I know I seen it on somebody's website where they were like um breaking out the window like he was breaking out the window and I can hear him asking if somebody you know their franticness when they were on there. So yeah, if you um if anybody comes across across it um definitely definitely definitely um >> I don't know. So, >> I'm going to put this link in the chat and these are all the documents and everything related to this fi this case.
>> Um, the body cam videos are on here.
It's just not letting me sort and find them. So, if somebody wants to dig around in that, that's everything.
>> Okay. Yeah, somebody can go in there.
Um, Christian Sherro, you found it. Okay. You going to put the link in there?
Ar like give it all to us.
not TMZ.
>> I know, right?
Um yeah, if you can find the video for us and um that way I'll know which video to play for this and then we'll just go back into reading the transcript and we can show it after what he he saw when he first pulled up to the scene.
Okay. I'm ready when you are.
>> You ready?
>> Okay. Where are we at?
65.
Okay.
You're muted.
Right. Y'all can't hear me. Officer G. I am going to first stop it for the record at one second. Do you recognize what is on the screen in state exhibit 2?
>> Yes.
>> What is on the screen?
>> Black Toyota Camry from the accident.
>> Are you familiar with the area that's depicted on the screen?
>> Yes, it's the PLCO building area of the accident.
>> They continue to play the video. What is this part? this that I am playing the video itself.
>> This is my body camera from July 31st.
>> Thank you. Officer G. Before I play this video, did you have an opportunity to review this video prior to court today?
>> No, I did not.
>> Why did you not review your body camera prior to me playing it here today?
>> It's hard to watch. It's hard to relive through it.
Will this be the first time that you are observing your body camera since that day?
>> Yes.
>> I'm playing for the record starting now at 1 second states exhibit two.
Objection. Overruled.
Objection. Can we approach?
For the record, I'm going to stop it and bring the body cam to approximately 23 minutes and 19 seconds. I started it at Okay, I'm confused. Why are you starting it there? I accidentally hit the end.
This is a good time to take a break.
Let's just take a break. Sir, you remain under under oath. Please, just don't discuss your testimony with anyone. All right.
Yes, ma'am. Can I see the attorneys at sidebar? That sound like a whole damn attitude. like she like she what she sound like she had an attitude y'all.
Oh man the court despite the admonishment admonish admonishing the deputies saw at least three people with their phones out. If I see anybody with their phone out again, you will not be permitted in the room. Your phones are to be turned off and put away. For the record, I'm starting the video at 15 minutes and 36 and 36 minutes and completing it at 26 minutes and 35 seconds. For the record, you're not starting it. You're restarting it. I'm restarting the video at 15 minutes and 36 seconds.
I guess they finally do the video.
Stopping the video at 26 minutes and 41 seconds. That will conclude the portion that we're playing.
I done lost my officer. Where my officer go?
I done lost my officer. Officer, where my officer go?
Oh, officer G. Is that a fair and accurate depict being in this word and I can say it depiction of the scene as you recall it to be that day?
>> Yes. Officer G, you had testified earlier to the location of both DaVon Flanigan and Dominic Russo's bodies inside the vehicle. Do you recall that?
>> Yes.
>> Do you recall watching your body camera video where it showed a shot of the two individuals inside the vehicle?
>> Yes.
>> If I showed you a still shot of their positions inside the car, would you be able to recognize it?
>> Yes. For the record, this is going to be state exhibit three, the court. Sir, you need to take a seat, please.
May I approach? Thank you.
Officer G, I'm handing you I'm handing you States exhibit 3. One moment, your honor. Officer G, I don't have it up on the screen here. What? I just handed you.
What is States exhibit three? Okay.
>> It's a picture of inside the car of two male occupants.
>> Okay. And is that the position of Dominic's and Davon's body that day that day that you recall?
>> Yes.
>> Okay. And Officer G, at any time during your investigation, were you able to depict that positioning in any other way?
>> Yes, I was asked to draw it.
>> Why were you asked to draw it?
Can you establish who I asked? Can you establish who asked him? Who asked you to draw the positioning?
>> Detective Hazu.
>> Do you recall why Detective Hazu wanted you to create a drawing of the position of positioning of the bodies?
>> To note from my memory where the bodies were at the accident.
>> If I showed you a copy of that sketch, would you be able to identify it?
>> Yes. I'm going to show you a states exhibit 4. May I approach your honor?
Yes. Officer G. First, what you possess what you possesses as states exhibit 4.
Is that the same thing depicted on the screen?
>> Yes.
>> What is states exhibit 4?
>> The drawing of the bodies where the bodies were in the car. Is it fair and accurate the depict the depiction of the sketch that you provided to detective Hazu?
>> Yes.
>> And when and when you did provide that sketch to detective Hazu. And when did you I'm sorry. And when did you provide that sketch to detective Hazu?
>> It's dated January 27th, 2023.
>> Are there any additional markings on this page?
Signatures from myself, Detective Hazu, and states exhibit number four.
>> Officer G, were you able to personally observe Mackenzie Sharilla at the on the scene that day?
>> Yes.
>> Do you see Mackenzie Sharilla in the courtroom today?
>> Yes.
>> We we'll stipulate.
>> We had a we had discussed this incident took place on on the corner of Progress Drive in Alama in Strongsville. Is that correct?
>> Yes. What county is that in?
>> Kyahoga >> and state >> Ohio.
>> One moment, please. Your honor, nothing further at this time. The court cross.
Okay. So, now we are going into the cross examination of Michael G. by Mr. Mcdonald.
>> Um, that drawing that he talks about is also in those files somewhere.
Oh, we got to get our files together.
Wait a minute.
>> Okay. Well, hold up. Hold up. Wait a minute. Let me put some pimping in it.
Hold on, y'all.
>> And Frank, I'm so sorry you thought I was being rude. I was totally being sarcastic.
>> Let's see here.
While I pull up, I'mma try to get this sketch in here. Um, so we can look at it, right? That would be good for us.
I like to organ. Are you going to organize this for us? All trees fake.
Are you in there and going to get this together? We're going to need this for our next um day. Shoot. We only got through one. We only got through one witness. Let's see here.
I don't even know where to look. So, I have it up kind of sort of is loading.
Okay, give me a second.
It's pretty crazy how much work goes into all this >> into what part?
>> The whole case.
>> The investigation >> part.
>> Yeah. I don't even know where to click.
Like I'm like I don't even know. Um I want to Yeah. I don't I don't >> I don't know.
>> Um I may do that. I have time. We can't.
Okay, let's see here. Open. I'm just opening a folder, y'all. Let me see.
Consent to search memories screenshot. Let me see.
Okay, I'm going to come back out of here. Reports.
Crash reconstruction report, medic report, cat report, depiction.
I want to see how he drew this. We got to We got to find this, y'all. Toyota.
>> There's There's a yellow piece of paper.
>> Sketch it. I got it. Sketches.
Let me pull it up.
Ed here.
Um, so this is the sketch that he drew of how the bodies were positioned. So, um, as you can see right here, he has McKenzie right here.
And I guess >> that's the steering wheel.
>> Oh, this the steering wheel.
>> Mhm.
>> Okay. And these her legs?
>> Yep.
>> Um, arms and her head is up up in here somewhere.
Damn. How he get flipped around?
Who?
>> Cuz this is Russo.
>> Yeah. His feet are down at the bottom like where they go when you're sitting in the driver's seat.
>> Is that what you got from that picture?
Like it seem like No, I'm seeing like I'm for real. Like if he seeing this the front like it seem like he going back like his feet is this way >> towards the towards the windshield.
>> Yeah.
Yeah, that's how he would be.
>> How he Well, oh, maybe because I'm thinking he I'm I'm putting him face down. Okay. You see you see what I did in my mind? I put him face down. That's why like, how is he going back the other way?
>> Okay. Okay.
>> Y'all know I can be real weird about things when I'm looking at these stick feet. Like I'm like, "Okay, why is he going this way?" Okay, so then Dave is on top.
>> Yeah, face up.
>> But I thought he was like all the way in the front seat.
>> I did too.
>> So, >> but it sound like he may be in the middle of the council kind of.
Does it make sense? by >> Yeah. Yeah. Maybe half in front, half in back.
>> Yeah.
>> Yes. Very technical drawing.
>> Yeah.
>> And I I believe there's another one.
>> He was originally in the back. Um he was originally in the back, but he ended up in the front. Let me get the other drawing. I know. I seen it.
>> Oh, I found that other thing I was looking for. It's okay.
>> Let me see. What did I What did I find?
Did I got to figure out what folder I was in?
No, it wasn't that folder clearly cuz ain't nothing in here. Wait a minute.
Cuz it was two drawings. I Damn it. I should have wrote both of them up.
Maybe it was this one.
Oh, yeah. I'm holding up the thing.
>> Oh, Audrey says she think Dime slid up under the dash.
>> Well, we haven't read that yet in anything.
>> Oh, okay.
Uh, search form door. Okay. Okay. That's not it. Okay. So, it must have been up under court orders maybe.
I'm trying to figure out >> what are you looking for?
>> The other sketch. I like I got this, but I didn't pull both of the dog on sketches up like at the same time. And clearly I should have because now I don't know what what >> do you remember seeing another one or you just taking my word? Okay. Okay.
>> There is another one.
I seen it. It's like on a white paper.
>> Yeah.
>> Yeah. Yeah. One is on yellow and one is on white. I don't know um what difference they have.
>> Oh, was it on Plunder?
Hi. Why Why I know now if I'm in there and I find something, I better I better make sure both of them are up here.
>> Yeah, that's okay.
>> Okay. So, if if I happen to find, then we'll put it on there. So, here we go.
Um I found it.
>> Okay. Okay. Go ahead. And you Let's put it up there.
Stop my So arm outside of back window.
Damn, >> Dominic's arm.
But okay, so my question would be, so were any of the windows, from my understanding, they were not broken, right?
>> That's crazy to think >> how Yeah, but it was cracked, you think?
>> Mhm.
>> Okay.
>> I mean, I'm sure the front windshield was split in half, but it was all crunched in.
>> Mhm.
I know they had to break the window of the driver's side.
>> Okay. So, what what does that say right there? I can't read that. Where is >> it say front something?
>> Front passenger seat was broken upon arrival.
And underneath that, it says arm outside of back window. Talking about Dominic's arm.
And I see that he purposely, not purposely, but when he's visualizing this guys, his head is kind of like, is it like he putting him under it?
Like, you know what I'm saying? Or is he saying, >> you get what I'm saying? Like, >> yeah. I don't know.
And DaVon's like cockeyed just like the other one.
>> Mhm. Yeah.
>> But not not on top of Dom like >> like they presented in court.
>> Yeah. Like Officer G testified to.
>> Wow.
Yeah. And I just like Yeah.
>> Oh, there's multiple angles of the car in this port. Let me see what we got going on over there.
Oh, thank you so much, Christian. She like putting all this stuff in here. I'm not paying attention to the chat. I wasn't even paying attention to this dinging over here. We got the video of what I was trying to find of the window breaking.
>> Mhm.
>> She got that over here for us. And um let me see where they are putting the rest of this stuff at.
Um the car Okay.
Okay. Let me show this. Let me see. How do I What's the best way? Okay. Let me show y'all this.
And the car may look worse, right?
because they had to use cutting materials to get them out. Is that fair?
>> Yeah, >> that's fair to say. I just want to make sure I'm fair in what I'm seeing.
>> I don't I don't know >> cuz this is the front, right?
How do you live?
This is how it probably out the back window, right?
>> Mhm.
>> Cuz even when the officer first arrived, like all of this was I know was in the open. I seen like that part in the open.
I don't know if that's So she is this the seat lean back. Do you think they said the seat was split into?
>> Yeah.
Yeah. Yeah. They did say that, Audrey.
Not the the the the seat.
Yeah. And Dominic's head was crushed, dude. Yeah. I want to see that one.
What's You think it's a floor mat or something on top of here?
>> That's what I Maybe a headliner.
>> It's pretty big >> floor from the bottom of the car.
>> Could be >> there cuz you know the all the floor I mean like the bottom of the car is kind of gone, right?
Yeah. What's terrifying is if you're ever going to get into a wreck, a Toyota is what you want to be in 100%.
I can't imagine this being a Chevy.
No offense to Chevy or a Subaru. Oh, cuz wait a minute.
Subarus don't be slipping on these accidents.
>> Does that mean you drive a Subaru?
>> No, it just means old.
>> I just know Subarus are very good cars with with accidents. But act. Yeah.
Yeah, they are. They don't beat a Toyota.
>> Say they don't beat a Toyota. Look, >> car didn't have that bad of a thing considering this one, right?
>> Right. At the junkyard.
>> He said, "You know what they say about what they say about Subaru drivers?"
>> Well, I ain't saying it.
>> Oh, no.
He said, "Or >> they like to hike."
>> Scurvy said Don might have lived if it was a Subie.
>> I don't think so.
>> Yeah, Subies. Subarus are supposed to be very, very good.
Martina said Toyota for the win.
Wow.
>> You don't beat a Toyota in accidents.
A safety You're trying to bait me.
>> I'm not saying it. I am not saying it.
>> Be on your best behavior. Okay, so we are at Cross.
Oh, you know. Oh, no, no, no. I'm gonna show um Thank you. Audrey's fake accent.
Oh, let me get back into this looking at the the Wait, let me get to my messages.
Okay, here we go. Let me see. Um, yeah, no kidding. Toyota lost a Mackenzie. Geez.
Let me see.
Okay. Yeah. Yeah. Yeah. Here it go.
Okay. I'mma share this with us, I think. Oh, this is the whole entire video of all Oh, even all the way down to the what's the name?
>> I don't know what you're talking about.
>> The video of when the officer first arrives on the scene, him driving up.
Okay.
>> It's like 57 minutes long. I don't know if we need but it goes all the way until like it shows the it shows all of that.
>> Okay. I don't know if we need to watch 57 minutes of it, but y'all can let me know, but I did want to see kind of him coming up to the thing.
I don't know. I think she probably wish she would have just checked on out of here, but that wasn't what it was planned for.
I don't hear any sound just yet, guys.
So if you're not hearing any sound, that's the reason why.
Thank you so much for this, Christian.
She sent that video. This is another video that we got in here. Okay, let me see if I can get past.
More >> unit 31.
>> This is not a fresh accident either.
She's been there for a while.
Afraid we got two in here.
Radio.
>> No one's >> No one's breathing.
>> Bust that window out.
>> Might have to use a gun.
>> Oh my god.
Hold on.
>> Drivers coming.
>> Come here.
Hey.
>> Let me see. Uh, let me see your knife.
Let's cut this thing out.
>> She's so bad, guys. Wait, she's alive.
We got to get her out.
>> Here. Reach.
>> Reach up and unlock this door and I'll hand you my knife.
>> Come on. Watch your Y'all good?
Yeah, it he broke the glass on the back really really fast if I'm not mistaken.
But it seemed like this one it just it didn't um that part didn't break. I added you back to the stage. Um that other one didn't break that fast.
Um okay, let's go back. Should I? I guess >> try to get her out, >> dude. I don't know if you can.
>> Oh my god.
>> Looking for a wall.
She's breathing.
They look younger.
>> Front passenger. Uh there's no his neck looks broken.
right here is man. Is that the whole engine out here?
>> Oh my goodness. Y'all see that? That's the whole engine.
The whole engine sitting out here. Okay.
I I haven't seen this one.
>> His neck's broken. and hearing him talk.
He like his neck broke >> this one his his next >> uh we should start uh blocking off the traffic.
>> 44, can you start setting up to block traffic northbound on Alita?
All right. Thanks. Good job.
So guys, as you can see, like as they even coming up to the scene, um this is not like a a dirty area. They keeping the grass up. So do y'all see like all that debris around there? That's not debris that um the officers did. Like this debris was there when they first arrived. So that just show you like how much debris was just going everywhere when this started happening. I'm not sure if a lot of it from the sign or just pieces of the car and stuff, but there's a lot of stuff out here.
Show you how bad this impact was.
I mean, I know you know from the car, but just all this stuff out here I'm looking at. Like good grief.
the entrance to the globe. Do we have cameras or anything that we can start looking for? Just to find work.
Oh yeah.
One thing you Put in the middle.
Sending body worn down in 30 seconds.
Body worn down cancelled.
>> Yeah, she's been there for hours.
I mean, check those other one >> the front passenger. He's Actually, give me give me a cut here.
Give me a second.
>> There's not like a single panel. Yeah, I think >> two.
They did the cracks right behind my car.
>> They might have came corrected from the other side.
>> They're in factory type settings.
>> And it's dark over here.
>> The engine's still a little warm, I think. So next door.
Sending body worm down in 30 seconds.
>> Body worm down cancelled.
This one right here, Mark.
>> Yeah, I'm just I'm just double checking, dude.
>> I got a pulse on the second one here.
>> It's very faint.
Thank you.
>> You guys doing need its You might want to get a lid on.
>> No, I don't see anything.
Once this is all settled, this mean I can start looking >> for cameras.
Um, All right. You need to start doing anything.
>> I think they got >> they have got the camera now, so she's working on that.
We're taking them out now.
They're all brothers and sisters.
Messages left for both deputies.
Happy normally still got to go.
I'm going to cut you out of the car.
You're >> okay for Okay.
So, correct me if I'm wrong while we doing this. like I'm listening um and I um I can hear them asking her questions and stuff in the background and I think that's the reason why I'm kind of like listening to the video. Like I said, I've never seen the video so just kind of like hearing what they're asking um the statements that the officers are making. Um I I find it interesting and and fascinating. Sorry guys. So we kind of like look we didn't took an impromptu break kind of listening and stuff but I can kind of hear them asking her our age and and things like that and I'm listening for different responses and it's taking them a while to get them out right we are currently well I guess I don't know I guess maybe not it's like 20 minutes in I don't think they they got anybody out of the vehicle yet it's >> a long time if you're inside that vehicle Yeah. And I know I seen somebody in the chat briefly say they wonder I think he did suffer. I think he suffered Dave.
Like he had a faint pause. So that means that >> he felt all that. Well, not necessarily, but >> but he I don't know. Maybe he could be unconscious. Unconscious, right? Maybe.
>> Probably. Most likely.
>> But oh my goodness. Yeah. Yeah. I've never seen the jaw. I seen them big like plier things. I'm like, I've never seen that before. But here we go, guys. I'm going give me a um some water real quick.
Crazy.
I was like, I think >> the one that's would like to know if you want to set up that one up.
I don't think so.
You guys get some tra there.
>> Thank you.
I need to put a power on you. Okay.
>> It's a little >> I don't know. The engine's still pretty warm.
>> Yeah. Did you drive down here at all last year? I don't care.
>> I have no idea.
this upcoming.
I can't remember who the freaking >> You got the block ready.
>> All right.
Ask your score One more time.
Heat.
Heat.
We're going to leave the body here. They asked me to take it or leave it. I said leave it and then >> we don't even know who that is yet. We have no idea. Can I go talk to the female? Get her info or you want to go try talking to her?
>> Yeah, I'll go try um >> get a first last name for that for that guy.
>> Is she that responsive or >> before the bird before the bird?
They're just trying to ID the last person before she leaves.
>> Okay.
>> Do you remember what were the names of the people that were in the car?
>> Dom and David.
>> Davian. Damian. Damian.
>> Davon.
>> Davon. Do you know his last name?
>> Okay. Do you know where he lives?
>> Staying with her in.
Am I good to jump out? Don't move right now. We're going to pull up more. Okay.
I can wait. I can wait.
Yeah.
>> All right. one of the names you given Jacob or Leavon.
>> Yeah, I know.
>> Do you know Jacob's last name?
You okay?
>> Do you know Jacob's last name?
Uh, I got the birthday, but the address was too quick.
Tell me your address one more time if you would.
You know Mushrooms.
mushrooms.
>> Oh, one of the kids.
>> We have two out of the three. I gave the third one. All we know is his first name is Jacob.
>> It's local kids.
>> It's hard to tell. I She She's getting work done, so I can't talk to her too much. Okay. They're taking her to life right now.
>> Oh, you're just getting this verbally from the third.
>> Yeah, we're It's It's such a mess. It's hard to get IDs actually.
>> We got two. We got her ID and here.
>> I think he has.
>> We have a third one.
>> Just know that his name is Jacob.
on the other >> only is first name is Jacob. That's all I got.
>> The other the person the other male car all we know is Jacob.
Is that correct?
>> Is it? Yes. Go >> ahead.
Come here.
I could only get a first name on the third guy. Unfortunately, she stopped answering.
>> They have a pretty good camera angle.
>> Oh, okay. Cool.
>> Um, >> did you know that the third the second DOA's name is Jacob working from there?
>> Okay.
>> She put she had mushrooms and scale on her. I secured it in my car.
>> Oh, okay.
We're ready.
I didn't get a look at his face.
Was there anything that said like Jacob on it? That's supposedly his first name.
>> I I can't imagine it's going to be somewhere easy to find.
so much.
>> Sending body worn down in 30 seconds.
Body worn down canled.
All right.
You guys are good.
>> Yeah. Yeah.
Am I allowed to poke in here? See if the wallets >> Yeah.
engine's still pretty warm, so it's it can't be too >> Oh, that's fair.
>> Within a few hours.
>> Yeah. I mean, >> I'm trying. I I need We need to get this guy IDed. His family needs to know.
>> Sending body wor down in 30 seconds.
Body down cancelled.
>> I can't dig that far deep.
I believe.
>> Is it urgent to try and get a hold of Europe's people or the people with the camera or let detectives follow up?
>> Yeah, we can do it.
I mean, we are Yeah, my camera's dead.
>> Okay.
cuz I seen you put a comment in there saying that they the vehicle spun all the way around. So they hit the ve they hit the building right here. Right. Is that is that what I'm getting? Right here in this corner. Can y'all see my mouse? Is that where they hit the building and then the vehicle ended up where we're at now?
Yeah.
Yeah. And is that the tree that she tried to miss?
>> You think tried to You said tried to miss.
>> Well, yeah, she Well, >> I'm just swerved to miss the tree. Yeah.
>> Oh, so she did want to do the tree. She wanted to make sure they got to the wall. You think?
>> I think there is a theory that she was just going to go straight into the wall.
But there was a tree so she had to turn.
>> God. So heads here and then it ends up all the way over here. And look, I don't know. We probably get more debris as we go along, right? I'm like, we got all the the car was like tearing apart as it was going through.
Okay, I'mma go ahead and finish playing it. We don't have that much longer of it.
We have two.
>> Yeah. Two.
What time this happened?
>> No, >> still warm, >> but it could still could have been a couple hours.
>> So, nobody called us in, you guys.
>> Somebody called us in that they saw the car up sitting here. This is an area we don't typically drive down here. So >> take a photo of that, >> please.
>> Are you good with the photos or do you want me to take them?
>> I got to do modifications today and everything.
I can do the pictures, man.
That's why we are Never been I don't drive down here, but it's still dark over here.
Yeah, I don't check this too often.
Usually I'm trying to check to make sure no one's getting their car stolen and stuff like that.
>> Yeah, there's hardly any business here.
parking up.
I don't want to be here.
All that debris on the floor there.
>> Yeah.
>> Just trying to find see if maybe a wall flew out.
I can't believe it.
There's a rear throttle or something.
I can take off slow down here.
>> Okay, man.
So, it appears like it almost took them I don't even know at the end of the v v um video if they even have him out by that time. But like they're still um Is Dominic still in the car? Correct. At this point in time cuz she's gone. Davon um was out, you know, he was on top. So, he went out first. He was the the first one to go out.
Um cuz I see they still got a lot of stuff blurred out. So that just kind of tells me that they still have somebody in the car at that point in time. Wow.
Yeah, that's that's that's definitely a lot.
That was a very hard impact. Good grief.
Like, yeah, I knew brick was strong, but girl, I never knew never thought about it like in that way. Like, that's what the three little pigs said, right?
>> Right. I think so.
>> Okay. So, with that being said, I'm glad that we we saw that video. It's my first time seeing that video. So, I just wanted to kind of hear like what was going on um around the video like the questions because I know that they mentioned and brought that up. It's like you know it's so funny how you know I would tell you all day like I want to see the unredacted stuff until I don't want to see the unredacted stuff cuz yesterday we we saw something unredacted and I was like I I was not expecting it while we were in trial with Carlos Dominguez yesterday. on the other thing. Like I I was like, "Oh gosh, really? No, I wasn't wait ready for that." But um let's see here.
You say you going to need a drink? Yeah.
Say you want to see it all.
Yeah. That is a lot. Okay. So we are on cross examination, correct?
>> Yes.
Page 73, I think.
>> Yep. Let me remove this.
I think and I'mma see. Let me see what other video she I know she put over here. Another video. Let me see what is so I can know when we are supposed to stop and play it in our trial.
Like we running a full trial here, y'all. If we have the exhibits, we're going to look at them.
Uh, she put them off here up in here.
Okay.
Okay. The text messages. Okay. I see what she put up there. Okay, cool.
Let me add here.
Okay, guys, we're going back into testimony. We are going to be starting with the crossexamination of Michael G.
officer >> Michaelination.
Okay, let's Okay, I was you was you was the officer, right? Okay, cool. I'm gonna be uh we'll keeping our same format. You ready?
>> Ready.
>> Ready, set, go. Officer, my name is Jim McDonald. I'm going to ask you a series of questions. If at any time you don't understand the question, ask me to rephrase it or repeat it. Fair enough.
>> Yes, sir.
>> How long have you been with Strongsville?
>> Over five years.
>> Okay. And when you work a patrol, do you work a particular sector of the city?
>> Yes.
>> And have you worked the same sector for the last five years?
>> No.
Have you ever worked a sector that includes where this incident took place?
>> Yes.
>> How long a period of time did you work that sector that included progress roughly?
>> I'm unsure.
>> At least a year.
>> I do not recall.
>> Do you do traffic?
>> Yes.
>> Traffic means speeding tickets?
>> Yes.
Do you ever give people speeding tickets on Progress?
>> I do not.
>> Progress is a Progress is a cut through, is it not?
>> Yes.
>> What's the speed limit?
>> 35.
>> Would it be fair to say as a cut through? People tend to speed on that road, right?
>> Are you asking my assumption, sir?
>> You cannot guess what you observe.
If you don't know, say you don't know.
>> Can you rephrase the question, sir?
>> People on progress. Oh, no. People use progress as a cutth through to get from Pearl to 82. Correct.
>> Yes.
>> People speed when they are on that portion of Progress where the incident took place, right?
>> You're asking for a yes or no answer, sir?
>> Yes, I guess so.
the court only if you know.
>> Yes.
>> Yes. So you know and yes people speed there.
>> Yes.
>> Okay. Great. Pearl. Were you ever sent there to do radar?
>> No sir.
>> Okay. Do you know if anyone from Strongsville's was?
>> I do not know sir.
>> And exhibit three and four. You have both of those in front of you.
>> I have number four.
>> Number three, I'll hand to you. If you can look at the two, would you agree that exhibit 4 really isn't as accurate as exhibit three? Right.
>> Well, one is a hand drawing, sir, and one is a picture.
>> I know. I got it. But exhibit four, the hand drawing, it doesn't have DaVon Flanigan or Dominic Russo even touching each other. When you look at exhibit three, it's pretty clear that one is on top of the other, right?
>> Yes. It's a picture.
>> No further questions.
>> Oh, okay.
>> It is.
>> Redirect.
No, nothing based off of that. The court, you're all done. Thank you, sir.
The court. Who's Who's the next witness?
Thank you. Your honor, the state at this time calls Officer Brent Robinson. Could you raise your right hand for me? Okay.
So, we are going to um Officer Brent Robinson's um testimony here. Okay.
This the one that I need to watch out for.
Not >> this one.
>> Okay. Give me one second.
So, I guess we can agree when he brought up this thing about the picture at the end, that was kind of like what we were saying that they they said that they were one on top of each other. So, I'm assuming that his his photo that he drew uh didn't reflect that, but the actual body cam still that the defense was present and actually shows them being closer and on top of each other, right? Is that what you have?
>> I think they were looking at the yellow drawing that we looked at. It doesn't show him right on top of them.
>> Okay.
I think I think we can go past the part of them being sworn in. We know everybody was sworn in, right?
>> Yeah. Just that this is Brent Robinson.
>> Okay. Brent Robinson. Okay. Mr. Robinson.
Okay.
You want to keep it the same way we were doing it or?
>> Sure.
>> Okay. Good afternoon.
>> Good afternoon.
>> Could you please state and spell your first and last name for the record?
>> Sure. My name is Brent Robinson and then he spells it.
>> Thank you. Officer Robinson, are you employed?
>> Yes.
>> Where are you so employed?
>> Strongsville Police Department.
>> How long have you been employed by Strongville? Strongsville Police Department.
>> I've been there for just under three years.
Were you employed anywhere before you were employed with Strongsville?
>> Yes, I was at the Parma Police Department for three years.
>> And first, if you could tell us what was your title that you held while at the Parma Police Department, >> basic patrol >> with Strongsville.
>> Basic patrol. Did you undergo any sort of training or certifications to become a police officer?
>> Yes.
>> What are those certifications?
>> The police academy.
>> Okay. Anything additional?
>> CIT training. And we usually have annual training in certain subjects.
>> What is CIT training?
>> Crisis intervention training. All of our police officers, including myself, were trained in that.
Are you up to date in all your trainings and certifications?
>> Yes.
>> Officer Robinson, if you could explain for the court what your daily duties are as a Strongsfield police officer.
>> Sure. I work permanent night shift.
We're assigned a zone for the night and we're responsible for any calls and service patrolling our neighborhoods as well as other things.
>> Okay. Officer Robinson, were you employed and working on July the 31st, 20 of 2022?
>> Yes.
>> What zone were you working that day?
>> I do not remember exactly what zone I was working, but I was working night shift that night.
>> Okay. While on shift then, did you have an opportunity to respond to the intersection of Progress and Alamia Drive?
>> I did.
if you could walk us through how you came to respond to that location.
>> Sure. So, I responded from the police station. I drove northbound on Pearl Road and then took a left to go westbound onto Progress Drive.
>> If you could explain for the court approximately, how many times have you been a Progress Drive before in your capacity as a policeman?
>> I would say hundreds. We typically get alarm calls. It's a commercial area of the city where we will get a lot of alarm calls on night shift in addition to normal duties of driving through and checking businesses.
>> And based on your experiences driving Progress Drive to Alamita, could you describe for the court the dynamics of the road?
>> Sure. It's a concrete paved road. It's one of our older paved roads in the city, I would say, and it's got some wear and tear to it. You can tell there is certain sections of the concrete that are raised. So, it is a little bit difficult driving, I would say, like the speed limit down the road. You can feel the bumps as you're driving in your cruiser.
Oh, sorry. When you drive onto Progress Drive from Pearl Road, it goes from east to west and there is a series of curves that you will experience in the roadway.
Once you get to the end of Progress, it's a T intersection. There's a street that runs into Alama and Progress Drive has a lot of businesses. It's a commercial area of the city. There's a lot of businesses. I believe it is a lit roadway at nighttime.
>> Officer Robinson, what type of vehicle do you drive in your capacity as a policeman?
>> Typically a Dodge Charger. We also have Ford Explorers. That night I was driving one of our newer Chargers, which is a rearwheel drive Dodge Charger. As a policeman in the city of Strongsville driving those vehicles, are they equipped with any type of camera equipment?
>> Yes, they have dash cameras that will show the speed, acceleration, braking, the dash camera view, as well as the rear of the vehicle. It will show if you have an inmate in the back, somebody in the back seat, it will show a view of that as well as some of the rear window footage.
>> Okay. Can you explain for the court how those videos become activated? There's different ways we can do it manually while responding to a call. If we're responding to a sort of medical emergency or a domestic or a call serious in nature where we are going lights and sirens, it will automatically activate it.
>> Were you aware if on July 31st, 2022 your front and rear end cameras were activated?
>> Yes.
>> If I showed you a copy of your front camera view, would you be able to identify it? Yes, >> for the record, I am going to be playing states exhibit seven. For the record, this video is going to be less than two minutes long.
Okay, they played a video.
Mr. McDonald. Oh, I'm seeing his name.
This is his dash cam, correct?
I am now pausing at it at 4 seconds.
Officer Robinson, what is depicted on the scene?
This is the intersection of Pearl Road and Progress as I'm making a lefthand turn from Pearl Road to go westbound onto Progress.
>> What are we watching?
>> This is my dash camera footage from my cruiser.
>> Thank you. We have it paused here. It's kind of hard to see. On the left hand side, I'm going to draw your attention.
What do you see on the left hand side of the screen? If you can describe it for the court.
>> It shows the car is obviously running.
I'm breaking currently and it will indicate whether my lights are on, lights and sirens, whether my door is open and whether I crashed into something or my shotgun button has been activated. It also indicates speed as well.
>> Where does it indicate speed?
>> In the bottom right hand corner >> in the upper leftand corner of the screen. What is depicted?
>> GPS coordinates. All our vehicles will show us our GPS coordinates.
You stated you were about to turn onto Progress Drive in Pearl.
>> Yes.
>> Can you read for the record what the speed is at the time?
>> 29 miles per hour.
>> Okay. And we're playing. Officer Robinson, what are all these landmarkers you're passing on the right hand side?
For the record, >> several businesses that are on progress.
For the record, could you read for the record your what your speed is at this point?
>> 54 miles per hour.
>> What are you passing on the right hand side?
>> Another business.
>> Do you recall what that business is?
>> I cannot recall.
>> For the record, what speed are you at now?
>> Approximately 50 miles hour and decreasing my speed as I'm approaching the scene.
>> Okay. playing video, stopping the video and concluding it at 1 minute and 9 seconds. Officer Robinson, is that a fair and accurate depiction of your front dash cam from July 31st of 2022?
>> Yes.
>> For the record, one more time. While driving a progress drive, what is the highest speed that you reached?
>> 54 miles per hour. Officer Robinson, if you can explain for the court why you did not drive faster than 54 miles per hour that day.
>> Given the conditions of the roadway, I thought that was the safest speed that I could respond to that emergency call.
>> Do you recall if you ever driven 54 miles an hour down that road before July 31st of 2022?
>> No.
Can you explain if you had to take any precautionary measures while you were driving 54 miles per hour on Progress Drive?
>> Yes. I had to hold on to the steering wheel to make sure that I was in control. It's a rough road, especially at those speeds. You really got to be aware of the elements. Excuse me.
And at a certain point, you experience a curve. So, you have to keep in mind while you're going accelerated speed on that road, you have to be fully controlled, almost using two hands with the steering wheel while being able to respond to the radio.
Officer Robertson, if I showed you a copy of your rear dash cam, would you be able to recognize it?
>> Yes.
This is going to be state exhibit 8.
Again, this is less than two minutes long.
Pausing the video at one second. Officer Robinson, do you recognize states exhibit 8?
>> Yes.
>> What is states exhibit 8?
>> This is the rear camera in my patrol vehicle.
>> I'm stopping the video and completing the video at 1 minute 5 seconds for the record. Officer Robinson, is that a fair and accurate depiction of the rear dash camera on your vehicle on July 31st of 2022?
>> Yes, it is. Officer Robinson, were you able to arrive at the scene of the crash on July 31st?
>> Yes.
>> Could you just briefly explain for the court what you observed when you arrived? When I arrived, patrolman Galassi and his trainee were already on scene at the crash site. I approached and at that moment there was another officer that arrived too, patrolman Valco. At this point, I was we were attempting to gain entry into the vehicle by using a window breaking device. Patrolman Valco was able to break open one of the windows and I was able to open one of the doors. When I opened the door and we had removed one of the airbags from the vehicle, we were able to see both Dominic and DaVon, which they appeared to be deceased, and we were able to see McKenzie in the driver's seat. She appeared to be stuck underneath the dash facing down in her lap.
At one point, we figured out her name and we began calling her name because we weren't sure. She appeared to be unresponsive at first.
I saw one of her legs move and she did like a grunting noise. That's when we discovered she was responsive enough to respond to our the things we were saying to her.
>> Did you hear her say anything personally?
>> No, other than like a grunting type noise.
>> One moment, please. Nothing further, your honor. Thank you.
>> Court cross. Okay, moving right along.
Here go my boy, Mr. McDonald.
Okay. My name is Jim McDonald, and I'm going to ask you a series of questions.
If at any time you don't understand the questions, just ask me to repeat or rephrase it. Fair enough?
>> Yes.
>> Yes.
>> Do you know how many airbags were deployed?
>> I am not certain how many. All I know, the side that I was on, the vehicle airbags were dep deployed.
>> And the side that you were on, was it the driver's side?
>> The driver's side and the back left driver's side.
>> So you know of two airbags.
>> Yes.
>> Driver's front, driver's rear.
>> Yes.
>> Right.
That's weird. Okay. I guess he's saying right. He want to kind of like >> Yes. As well as I'm sorry, the airbag that was on the steering wheel as well.
>> Now, we know three for sure.
>> Yes.
>> You're not sure about the other side because you didn't look at it or you just don't remember.
>> There were other officers on that side of the vehicle. I cannot recall whether those airbags were deployed or not.
>> It wasn't your duty or part of your job that day, right?
>> I'm sorry.
>> It wasn't part of what you were doing.
You were focused on the driver's side.
>> Yes.
>> Okay. Miss Shrilla was unresponsive when you first got there.
>> Correct. She appeared to be.
>> Do you know how long of a period of time when you arrived until she responded?
>> I'm not sure. And your testimony was that at 54 miles hour it was difficult to negotiate the road.
>> Yes.
>> The speed there is 35 miles per hour.
>> Yes.
>> And when you drove it back that day, the road was not in good condition.
Right.
>> Yes.
>> Cards would go cars would go up and down and dips.
>> Yes.
pavement didn't match. The concrete slabs were different.
>> Correct.
>> There was a curve.
>> Uhhuh.
>> And we heard testimony already. There was a significant number of people that used that as a cut through and with speed.
>> Yes.
>> Would you say 54 miles per hour is reckless on that road?
>> I would say that's excessive.
>> Excessive.
It has to be a little bit faster to be reckless, right?
The speed limit is 35. It's kind of borderline reckless.
>> Okay. And we saw when you negotiated that turn, the minute that you completed that turn, you were going 35 miles hour, right?
>> I believe so.
>> The court. Which turn are you talking about? The turn onto progress.
>> As I was coming from Pearl, >> you were doing 35 as you made that turn.
Roughly 30 35.
>> No further questions. Redirect. Nothing based off of that. The court next witness.
Uh oh. We change the prosecutors.
>> Mr. Troop.
>> Am I Mr. Troop?
>> No. See, let me see. We can we can switch. Oh, let's see. Mr. Troop. For the for the court, we anticipate the next witness will take at least an hour.
There's some video but the amount of questions will take about an hour or more possibly. The court, can you come up to the side?
Okay. So, they had discussion. They had that sidebar.
Okay. And this the one I need to watch out for, right?
>> Yeah.
>> Okay. The state at this time calls Captain Brett Straw. So, we not gonna have a whole bunch of questions, I'm assuming.
>> I don't know. Yeah.
So, this is Captain Brett Stannis Law.
>> I'm call of the fire department.
>> Oh, okay. I'm call him Captain B.
>> He be Captain B in in my in my world.
Okay. Um this is him being um sworn in, correct? Yep.
>> Getting this mic, all of that good stuff.
>> Okay. Um, if you want, I can be the captain. We can switch up if you up to you.
>> Yeah, it don't matter.
>> Okay. Okay. Good morning.
>> Good morning.
>> Are you going to do that? State and spell for the record your first and last name.
>> My name is Brett. Last name Stannis Law.
>> Thank you. Do you hold any specific title?
>> Yes. I'm captain with Berea Fire Department.
>> Captain Stannislaw, how long have you been employed with the Berea Fire Department?
>> I've been employed with the Berea Fire Department. First as a fireman in August of 2005.
>> Are you employed anywhere else currently?
>> Yes, I'm the captain for the Brooklyn Heights Fire Department in a part-time capacity and I have been there since 2004.
>> Okay. How long have you been a captain for?
>> I have been a captain probably the last eight years now.
>> Captain Stannislaw, did you first have to undergo any special training or certification to become a fireman?
>> Yes, I went to EMT basic school. I went to the fire academy through Kyhoga County Community College and then and the university's hospital paramedic program >> approximately. How long have you been a certified paramedic for?
>> I have been a certified paramedic since 2003 I believe.
>> How long have you been an EMT for?
>> Just probably a year prior to that. So 2002.
Do you have any additional ongoing trainings or certifications that you maintain?
>> Yes, you have to maintain your paramedic card every three years. So there is continuing education with that. I'm also on a Kyhoga County hazardous materials team. So I am a hazardous materials and weapons of mass destruction technician, fire safety inspector, fire instructor.
>> Captain Stannislaw, are you familiar with the term medical control?
>> Medical control. Yes.
>> What is medical control?
>> We operate under Southwest General Hospital. That is our medical director, medical commander. They're the ones that give us approve approved parameters or protocols and we are to operate and conduct patient treatment within those guidelines.
>> Are you familiar with the term BLS?
>> That is basic life support.
>> And are you certified in basic life support?
>> Yes.
>> Are you familiar with the term ACS?
>> ACS.
>> Yes.
Advanced cardiac life support.
>> Are you also certified in advanced cardiac life support?
>> Yes.
>> Are you familiar with the term PALS?
>> Pediatric advanced life support.
>> Are you also certified in pediatric advanced life support as well?
>> Yes.
>> Are you up to date on all of your training and certifications at this particular time?
>> Yes.
Can you explain for the court your daily duties and responsibilities as a captain in the Berea Fire Department?
>> I am the A shift or line captain, meaning that I work on a shift schedule.
So, I am the ship a shift captain. My day begins at 8:00 in the morning and it it's it is 24 hours and continues to 8:00 in the morning the next morning. My responsibilities are first and foremost responding to incidents. I give daily assignments to all the members that are on my shift. I'm in charge of running incidents until the chief relieves me.
Carrying out life inspections that occur, just dayto-day station operations.
>> The court, can I ask you to slow down for our court reporter?
>> Sure. Sorry.
Can you describe for the court what a response call or a response to a call for service is like in the Bura Fire Department?
>> It depends on the call or what the nature of the call is. If it sounds like a minor medical incident, we would just dispatch our squad with three personnel.
If it is inside the city, if it's major >> the court, slow down. You're going way too fast for her.
If it's major medical response, then that would have an engine and an ambulance responder.
If it's just a fire call or MBA or an odor of natural gas inside the structure, that would be then be the entire duty shift.
>> Is there ever a time where Berea Fire has to assist other municipalities on that call?
Yes.
>> Can you explain that for the court?
>> There are two forms of of assistance that our department officers make up.
One is typically for a smaller scale incident if they just need a single resource like mutual mutually aid body cameras.
If there is a larger scale incident that is a higher severity or higher possibility of severity that would be dispatched automatically that's typically reserved for a box alarm or a structure fire or technical rescue >> once you respond to a scene. Can you explain for the court how your department documents those responses and actions?
We are members of Southwest Dispatch Center. They keep track of our times. We are notified by a by a station alert tone inside our station and we have to acknowledge it over a local station radio. And when we are responding, we have a CAD computer. It is a a a touch screen that you time stamp when you are responding.
when you are on the scene, when you are released, or any period of the call.
>> Does that documentation have a name?
>> It would just be C be our dispatch log.
>> Are there any specific reports that you generate while on scene?
>> Yes. If it is a medical call, it is a patient care report as well as a NFIR report. If it is simply a structure fire then it's just a NFIS report.
>> What is a NFIR report?
>> National Fire Incident Reporting System.
>> Is that NFIRS?
>> Correct.
>> What is that NFIRS report?
>> It's a report that summarizes the entire explanation and documents the entire incident. It tracks our response times on the scene and permanent benchmarks.
There is a narrative section to explain any of the actions we took to mitigate the situation.
>> What does a patient care report document?
>> A patient care report documents the times of the call just like the NFIRS report does. But then there are uh it you is also used for documenting medical care and assessment.
>> Captain Stannislaw, were you on duty on July 31st of 2022?
>> Yes.
>> Did you have the opportunity to respond to a call at the intersection of Progress Drive and Alama in Strongsville, Ohio?
>> Yes.
>> First of all, can you explain why Berea Fire responded to that call in Strongsville?
I'm not sure why we were needed because there were three patients. I believe at the time of the call is how the call came in. It required additional assistance that was above and beyond what Strongsville Fire and capability of providing had the capability of providing. Guys, >> can you explain for the court what you did when you arrived on scene?
>> When I arrived on scene, I advised my crew to stay with the ambulance. I contacted the incident commander for the city of Strongsville Fire Department and he placed us in a staging area and advised us we would be rendering treatment to a driver of a vehicle who was still being extract extracticated.
What is that?
>> Extricated.
>> Extricated. Whoa.
>> Did you in fact service treatment to the driver of the vehicle?
>> Yes.
>> Were you able to determine what her name was?
>> Yes.
Do you recall her name at this time?
>> McKenzie.
>> Captain Stannislaw, how were you able Strike that? Were you able to document your treatment of McKenzie in any way that day?
>> Yes, the patient care report.
>> If I showed you a copy of that patient care report, would you be able to recognize it?
>> Yes.
>> May I approach your honor?
>> Yes.
Captain Stannislaw, I'm handing you what has marked as states exhibit 9. First, what is states exhibit 9?
>> This is a printed copy of our electronic patient care report.
>> Is what you have in your possession on the stand states exhibit 9 the same thing as depicted here on the screen?
>> Yes.
>> Captain Stannislaw, I'm first going to direct your attention to the first page of this patient care report. I'm going to direct your attention to the top of the screen underneath where it says uh Berea Fire. Do you see that?
>> Yes.
>> Can you read for the record what the date is on your patient care report?
>> 7:31 2022.
>> Can I draw your attention to the right hand portion of the screen here indicating Sorry, start with call received. Do you see where I am looking?
>> Yes.
if you could walk the court through what that right hand side section means and what the times are that are marked.
>> Call received would be when the city of Strongsville received the call. We were dispatched when mutual aid was requested at 6:28 and 26 seconds. And route is when we are leaving the station. On scene is when we arrive at on the scene.
Patient contact is when we begin rendering patient care. For the record, what time was the call received on July 31st?
>> The call was received at 6:21 and 17 seconds.
>> What time were you dispatched?
>> 6:28 and 26 seconds.
>> And what time did you arrive?
>> 6:29 and 38 seconds.
>> On scene?
>> 6:37 and 28 seconds.
>> What time did you make contact with McKenzie?
>> 6 48.
>> I'm going to now draw your attention to the bottom portion of this report of the first page. Still, it says patient information. Do you see that?
>> Yes.
>> If you could read for the court the information that you documented from that day.
>> I'm skipping. Right.
>> Okay. We're skipping that because it's >> Yeah, I got to skip that because it has her the the address in her. So, who has >> I'm going to continue to move down. We are on the second page. I'm going to stop at the second page where it says protocol 2. Do you see where it says protocol 2 line 24? Oh, >> right here.
>> No. Go up. Stop.
Oh, right there. 24.
>> Okay. Got it.
>> Okay.
>> Say yes. Okay. Captain Stannis Law, under assessment, can you read for the record what the four categories are?
>> First 648 ABC mini airway, breathing, and circulation.
>> Who is the employee here doing the assessment?
>> Myself.
>> You said it says ABC. Is that correct?
>> Yes.
What does ABC stand for?
>> Airway meaning having a patient patent airway. You think that's you?
That's P. I guess patent airway breathing in the patient is the patient breathing and circulation is if the patient has a pulse.
>> Were you able to perform the ABC test on McKenzie Sharilla?
>> Yes.
if you could go over what the results were of that ABC test.
>> The airway was patent. Her breathing rate was normal and appeared unlabored.
Both lung sounds were present.
Circulation, she had a pulse. Capillary refill was normal. Skin color normal.
Skin temperature was normal. Skin condition was normal.
>> What does patent airway mean?
that you are capable of breathing.
>> I'm going to take you down to the next section where it says 64829.
Can you read that section?
>> Neurological and AVPU.
>> What does AVPU stand for?
>> That is a way of classifying someone's mental status. A is alert, B is verbal, P is for pain, and U is for unresponsive.
Were you able to perform the AVPU test on Miss Sharilla?
>> Yes.
>> Can you explain the scale for us how that works?
>> That scale you're failing you're falling in failing. You're falling into four categories. One is alert. That would be how you are how you and I are just conducting the conversation with somebody that is paying attention to what is going on around them. Verbal would be to elicit some sort of stimuli or response to an individual where you have to say something to them. Pain would be you would have to produce some sort of painful stimulus. It's a response. Unresponsive is if an individual does not respond to the three previous tests.
>> What was the finding for Miss Sharilla for AVPU?
She was alert.
>> I'm sorry.
>> She was alert.
>> Can you read that?
>> Okay. Mental stab status normal.
>> I'm going to direct your attention to AVPU. What did you determine her to be?
>> Verbal.
>> Why was she verbal?
>> When we first took patient care of her, she didn't have her eyes open. When we asked her a question or are you okay?
What hurts? We were getting a verbal response back.
>> Below AVPU, it says mental status. Do you see where I'm looking?
>> Yes.
>> Walk us through the testing and what the results were.
>> Mental status normal. She was not combative. She was She was confused. I assume she was typically not confused.
just given the age and no medical ID bracelets indicating any type of de deficit or medical condition. She was not hallucinating.
You said there were no bracelets or indications of Can you repeat what you just said?
>> There were no like medical alert tags or bracelet or any type of necklace or jewelry that would indicate a medical problem that I saw. Is that something that you would typically look for on a patient?
>> Yeah.
>> Go ahead.
>> Mental status normal was not combative.
Confused? Yes. Was that normal for the patient? No. Hallucination?
No. Oriented to the event? No. Oriented to the event? Normal for patient? Yes. I assume since she was driving the vehicle, >> Mr. for McDonald objection to what he assumed.
sustain. You just can't >> you you can just >> the court you can say why you said that but you can't say that you assumed you stated oriented to place >> oriented to place no normal for patient yes oriented to time to time yes unresponsive no >> Captain Stannislaw where it says mental status normal can Can you explain why that was your finding?
>> Because she didn't have her eyes open when we first contacted her and her and we required some stimuli and we were asking questions. Do you remember what happened? She was confused as to what the events were.
>> Okay. Below all of these categories that you just read, it says neurological. Can you see that?
>> Yes.
Can you read what the results were overall for all neurological >> normal?
>> Can you explain for the court how some of the answers of what you had stated above were no, but all her neurological function was normal.
>> Neurological functioning is pulse, motor, and sensation in her four extremities. We checked that on an individual that is that was in a trauma to see if there was any spinal cord injuries. Was there loss of m movement, sensation or feeling in any of those in any of their extremities? That's what that meant.
>> Captain Stannislaw, if a person was suffering from any significant neurological emergency at that time, would that neurological or neuro be normal?
>> Yeah.
If a person was suffering a stroke, would that read as all neuronormal?
>> No.
>> If a person was suffering a seizure, would that read as all neuronormal?
>> No.
>> If a person was suffering a heart attack, would that read all neuronormal?
>> It would depend on their symptoms. They could be normal.
>> For a heart attack, you said >> yes.
>> Can you explain that?
>> For a heart attack, yes.
They could have filling and proper movement in all their extremities but still be suffering a heart attack.
>> Thank you. Captain Stannislaw, I'm going to move you down to the next section.
Can you explain the results of the injury section?
>> First one. The injury arm upper right closed fracture agulated right arm with obvious fa fracture distrial radial pulse present. Second one is injury lower leg right injury was a fracture closed possible right femur fracture and obvious right dislocated dislocated kneecap.
What do those two injuries mean in layman's terms?
>> Broken bones.
>> The next question, head to toe. Do you see that?
>> Yes.
>> If you could read the captions and explain to us your analysis of Mackenzie Sharilla's injuries that day >> on the head to toe.
>> Yes.
>> Head and neck normal. Left eye was re reactive proper properly. Right eye was reactive properly. Neck was normal.
Chest and back were normal. Amuminum.
The left upper quadrant was normal. The right upper quadrant was not normal.
There was tenderness upon palpitation.
Left lower quadrant was normal. Right lower quadrant was normal.
Pelvis was normal. Arms and legs. Left arm was normal. Right arm? No. Left leg normal. Right leg other. Yes.
>> I'm going to bring you to the next page.
I believe that's the last page you have.
>> Yes.
>> There are some other indications. It says BP and pulse. Do you see that?
>> Yes.
>> Can you read the time and explain to us what BP means?
>> 649 and 1 second. And is the patient's blood pressure? It was 157 over 125.
Captain Stannis law. What traditionally is a normal blood pressure?
>> 120 over 80 is to determine normal.
>> What is next?
>> Pulse of 60.
>> What is normal pulse?
>> 60 to 100.
>> And there is a section that says Glasgow coma score. Can you explain what Glasgow coma score is?
That's another way of judging a patient's mental capacity or mental cog cogn y'all know that word look cognition. What? What? Say it for me.
>> Cognition.
>> Cognition. Okay. The E stands for eyes, the V stands for verbal, and the M M stands for motor.
>> There are numbers next to E, V and M.
That is how you score the different numbers with different levels. The highest level is in the E section is four. The highest that you can get in the verbal section is a five. And the highest that you can get in the motor se motor is six.
>> After evaluating Mackenzie Sharilla, what were her scores for EV and M?
>> Three, four, six. three, meaning she was not spontaneously opening her eyes because we had to speak to her and ask her questions to get her to answer. That rendered a four verbal. If somebody is accurately able to give you all the information exactly like they like where they are at at where they are at and what happened and what occurred that would be a five because they are alert to the event. She was given a four because she was confused on some of the issues.
>> Was she able to respond to the majority of your questions?
>> Yes.
An M for motor.
>> Motor six. She was able to move all her extremities.
>> What's the total score a person can get on the Glasgow coma score? What is the highest that you can get?
>> 50.
>> What was her total score?
>> 15.
>> Next section. What was her blood pressure at 657?
>> 144 over 111.
her pulse >> 90 >> and SPO2. Do you see that?
>> Yes.
>> What is SPO2?
>> The blood oxygen saturation that is measured through the finger probe we use on our monitor.
>> What is typical SPO2 level for a normal functioning individual?
>> 95 or above.
>> What can affect somebody's blood ox level?
>> Temperature. nail polish.
>> Did you say nail polish?
>> It's a clamp that goes over the top of your finger. There's some sort of light that goes through on both sides.
Sometimes that can have an issue if it's placed not if it is not placed on properly. If somebody has poor circulation, if their hands are cold or the body shunted shunted blood back from their core from their extremities.
>> What was McKenzie's blood ox level at that time?
>> 82.
>> Captain Stannislaw, before we get down to where it says narrative history, do you see where it says treatment?
>> Yes.
>> What does it say?
First treatment section says IV insert insertion.
>> The second >> cardiac monitor applied.
>> What is a cardiac monitor?
>> A device through electric electrods.
It's the electrical activity in someone's heart.
>> What were the results of the cardiac monitor that was applied to Miss Sharilla?
>> A sinus rhythm which was normal heart rate. Her heart rate was normal.
>> Yes.
>> I'm going to draw your attention to where it says narrative history text. Do you see that?
>> Yes.
>> Can you explain for the court what that is?
>> Um, this is the narrative section of the report that allows us to explain an overall story of what occurred when we were at the incident.
In this narrative history text, if there were any current emergent neurological or health situation thing, sorry, that was happening, would you document it in this section?
>> Yes.
>> Was there anything going on at the time that you documented in this section? As far as any neurological emergency, >> there was nothing along the lines of what we determined a neurological disorder or seizure or stroke. Is that what you're asking?
Yes, that's what I'm asking.
>> No, >> there was no signs of seizure, stroke.
Therefore, it was not included in that narrative.
>> Yes.
>> Captain Stannislaw, were you able to perform a headtotoe exam of Mackenzie Sharilla on July 31st, 2022?
>> Yes.
>> During that assessment or headtotoe assessment, did anything significant happen?
>> Yes. I found some sort of baggie with a substance in it and a black plastic case that I removed from her during the examination of the chest area.
>> Let me first ask you, where were you at when you were performing this headtotoe examination?
>> In the back of the ambulance.
>> Back of the what?
>> Ambulance.
>> You said first you located a baggie of substance. Is that what you said?
>> Yes. a baggie of some substance that was in there.
>> What did that substance look like?
>> It looked like mushrooms to me.
>> And are you familiar with what mushrooms are?
>> I've come across them on calls.
>> Where did you locate this bag at?
>> It was in her shirt.
>> Okay. You said that you also located a plastic case. Is that what you said?
>> Yes. Wait one second. Wait one second.
Hold on. Break.
You heard me like break.
I'm not moving it. Where I'm at? I don't want to move it. Give me a second. I gotta go rest room, y'all.
>> Okay. Okay.
>> You want to put on something?
>> Play a song.
>> Oh, play a song. Okay, we'll play a song. Here we go, guys.
Courtroom packed in the cameas on. Folks all whispering won't be long. NO MORE SMIRKS and no more lies. Judge looked down with narrowed eyes. They live waiting by the side door. Steel told footsteps on the courtroom floor. Whole track buzzing like the verdict dropped but the jury room still got them locked.
Lar the cell doors lock. No parole boy baby round the clock. One way trip and the bus won't stop. Everybody clap to the L.
>> No up here going to save you. Orange jumpsuit Taylor flavor. Sink that feeling when the g drop. That's the rhythm of the L.
>> That's the rhythm OF THE L.
>> MAMA CRYING IN the second row. Defense still talking, but it's moving slow.
State park receipts and the pressure steep. Now the whole room barely even breathes. Used to talk big for the TV lights. Now it's a long breaks and uneasy nights. Funny how the swagger disappeared before a single word GOT CLEAR. LOP hear the cell doors lock. NO PAROLE BOARD baby round the clock. ONE WAY TRIP and the bus won't stop.
Everybody clap to THE L [ __ ] LOP. NO APPEAL GOING TO SAVE YOU. ORANGE JUMPSUIT TAILOR made flavor. Sink that feeling when the gav drop. That's the rhythm OF THE LOP. HEY.
E the L Y.
>> That's the rhythm OF THE L Y CASE.
PAUSE. COURTROOM TENSE. EVERYBODY WAITING ON THE CONSEQUENCE. ONE DEEP.
action kind of sort It must only play one time. Yep, it did.
My bad. I thought I had it on like a um I know. It'd be It'd be nice like if they all just play like once I click one, all I can do is keep like putting it on a repeat. My bad. I thought it was playing. She said everyone up. Yeah, I'm waiting for you. Did you see my message to you, Miranda?
Wait a minute.
Oh, she Okay. So, I I don't We left off on a um what the >> We're on line 21 of 115.
>> Okay. So, right here.
>> Mhm. Talking about these mushrooms.
Okay. What did you believe that to be?
>> I don't know. It was just a plastic case.
>> What did you do with these individual things?
>> I believe I picked them up, put them on our bench seat. As soon as I noticed the police officer, I gave it to them.
>> You said that you noticed a police officer. Is that correct?
>> Yes.
>> Where was that police officer standing in relation to you?
He would have been in the doorway of the side of the van door of my of the ambulance.
>> Captain Stannislaw, if I showed you a video recording of yourself in the back of the bus on July 31st performing your medical procedures on McKenzie Sharilla, would you be able to recognize this?
>> Yes.
>> I believe this will be state states exhibit 10 for the record. I'm We don't need to read all that.
I'm pausing the video at 32 minutes and 35 seconds. Captain Stannislaw, what is depicted on the screen here?
>> That is the back of our ambulance.
>> Are you familiar with what the ambulance of the Berea Fire Department looks like?
>> Yes.
>> I'm pausing it again at 32 minutes 53 seconds. There was an individual just depicted on the screen here. Who was that individual?
>> That's me.
>> What just happened there, Captain Stannislaw?
>> That was a the substance in the baggie that I found. I put it on the floor and alerted the police officer that I found it.
>> What just happened there?
>> That was the black container that I found.
>> For the record, I'm stopping it at 35 minutes and 8 seconds. Captain Stannislaw, is that a fair and accurate depiction of yourself on the EMS assessing McKenzie Sharilla?
>> Yes.
>> Is that a fair and accurate depiction finding the substance that you believe to be mushrooms in a black container located on her person?
>> Yes.
>> One moment, please, your honor. Captain Stannislaw, were you able to document your findings of the of these mushrooms in any way?
>> Yes. Can you explain for us how you documented your discovery of the mushrooms?
>> I added an addum to my EMS reporting report stating that I found them and turned them over to the Strongsville Police officer.
>> Okay. If I showed you a copy of that report, would you be able to identify it?
>> Yes.
>> May I approach your honor?
>> Yes.
>> Captain Stannislaw, I'm handing you States exhibit 11. What is States exhibit 11?
This is a statement for the incident 22-1752 on July 31st, 2022.
>> Is states exhibit 11 the same thing depicted on the screen?
>> Yes.
>> What type of report did you categorize this?
>> This is a statement. There is also an addendum on the EMS report as well.
Captain Stannislaw, why didn't you include this narrative in your initial report on the patient care report?
>> I'm sorry.
>> Why did you not include this narrative about finding the drugs in your initial narrative in the patient care report?
>> That was an error on my part. I was more focused on just accurately providing and documenting patient care.
>> Okay. If you could, for the record, when was this addendum to your report created?
August 15 of 2022.
>> Nothing further.
>> Okay. And you're at crossexamination.
Okay. My name is Jen Mc Jim McDonald and I'm going to ask you a couple of questions. If you don't understand the question, ask me to repeat it or rephrase it. Fair enough.
>> Yes.
Are you aware that patrolman Robinson, the prior witness, testified that Miss Sharilla was unresponsive when he arrived there?
>> No.
>> Was she responsive when you were there?
>> To verbal stimuli and painful stimuli.
>> Were there things she was not responsive to?
>> I think she was I remember her being a little confused as to events.
>> Okay.
But there was nothing that I saw that would would classify her as unresponsive.
>> So your perception would just differ from patrolman Robinson's. Right.
>> My experience. Yes.
>> Okay. And you testified that neurologically she was okay. Correct.
>> Yes.
>> Okay. Someone could have could have a seizure an hour before and you would show up and there would be no signs of it. Right.
>> Correct.
Okay. So, you are not talking about what happened an hour ago. You're just talking about what you observed at least one hour after this incident, right?
>> My observations were just my contact with her >> at that time. So, she could have had a seizure before >> possibly.
>> Objection.
>> I can't guess.
If she had a seizure an hour before that, you may not document it. It may not show up.
>> Correct.
>> Okay. And when they played exhibit 10, somebody kept on asking her about Jacob's last name. Do you know who that was asking that question?
>> I don't remember where the voice was coming from. If it was the individual that was a Berea fireman that was with me, that could have been one of the other members in the avalance with me.
>> The question is you you don't know who was asking that question.
>> I don't remember who was asking that question.
>> You just heard it.
>> I heard it, but I don't know who in the back of the ambulance was asking that.
>> You didn't recognize the voice? Not from that recording. No.
>> And you are not familiar with the first names of the other two people involved in this incident, right?
>> No.
>> And you talked about a blood ox of 82, correct?
>> Correct.
>> That's extremely low, isn't it?
>> Yes.
>> Have you ever seen treated anyone with a It's pulox, right? Not blood ox. That's my bad. I'm sorry. You've never seen that before, have you?
>> On occasion.
>> On occasion. When you see the people who have had a pulse ox of 82, what characteristics do you generally observe?
>> Generally for someone that has a a pulse ox that low one, they could have just went into a cardiac arrest or just came back out of a cardiac arrest. Another scenario typically if someone with COPD or some sort of respiratory element where they are chronically are low, they're having issues breathing.
>> Are there any other areas that you could address that would are there any other causes that you could think of that would cause someone to have a pulse ox of 82?
It could have been, as I said earlier, like the probe was not accurately placed on the finger, the nail polish, it could have twisted sideways, or if someone's fingertips are cold, >> you would have done the test again if that would have happened to get accurate information.
>> Yes.
>> Did you do it in this particular instance?
>> Typically, we kept the pulse ox probe on somebody. way. Typically, we keep the false ox probe on somebody. I don't see another vital sign that showed that it was an improvement or a decline. She was not displaying typical respiratory difficulties like difficulty speaking would only be the able to say one or two words at a time. So my assumption was either cold extremities or the probe was not accurately placed or some sort of internal bleeding going on.
>> We can agree in your report she was confused.
>> Yes.
>> Her eyes were closed.
>> Yes.
>> She had fractured bones.
>> Yes.
>> She was in pain.
>> Yes.
>> She told you she didn't know what happened?
>> Yes.
>> No further questions.
redirect just briefly.
>> Oh Jinx, >> just again, Captain Stannislaw, you had described some reasons as to why the blood ox would be at 82. Based off your assessment, Mackenzie Sharilla was not suffering from COPD. Is that correct?
>> Correct.
>> She was not suffering from cardiac arrest at the time. Is that safe to say?
>> Correct.
She was speaking and communicating well enough with you. Is that correct?
>> Yes.
>> She was answering your questions?
>> Yes.
>> And in a timely and somewhat normal manner?
>> Slightly delayed, but mostly normal.
>> Do you recall if she was cold? If her body felt cold?
>> I don't recall.
>> Nothing further.
>> Recross.
>> Nothing, your honor.
You're all done, sir. Thank you. The witness is excused. The court can I see everybody at the side? So, they had a side discussion. The court, we're all done. Court is adjourned to August 8, 2023.
Oh, we really made it through one.
>> Mhm.
>> Holy moly.
>> Good job.
>> Holy moly.
I can't believe we made it through whole one.
>> All done.
>> No, it's lunch time.
You hear me? Like it's lunch time.
Okay. Do you want to do you wanna What do you want to do? You want to go into two or you want because it's it we we what like four days because they all about this length, right?
>> Uh I think this is the shortest one.
Oh, okay. Let me I'mma pull this one down.
I'll pull the up the other one. Let's see what we want to do here.
How you guys doing? We are finished with day one. What do you guys think so far?
You know, it's like I said earlier, it's kind of funny reading this because I keep, you know, when I'm having like epiphies or things besides my my reading skills. Y'all know how it can be. Um, like I'm trying to understand as I'm reading what I'm reading, guys, to be honest with y'all with a lot of this stuff, especially when they talking about this stuff. So, when they're talking about her ox, right? And you know, 82 is extremely low. like, "Okay, but y'all didn't recheck it." So, you really don't know. Did she have And this is just from now outside looking in. Do they really not? You know, they don't know what happened if she had a hard, you know, basically what the defense saying. I'm looking from the defense standpoint of what he's bringing out when he's saying this stuff.
And I'm like, that's that's a good point, right? Or no, I guess clearly not, right? The the judge didn't go for it, right?
I think we should keep going.
>> Oh. Oh, okay. You must be >> Well, Dom's mom is coming up.
>> Oh, okay. So, let me I'm gonna remove this.
>> Or we can wait.
>> No, I can remove that. We can get to um Let me get it up here. I think I had it up here, but no, I maybe didn't. Okay.
No, let me take this down so I don't confuse myself.
Is she the first one up on there? You see?
>> No, she's the second.
>> Okay. I'm just trying to make sure I got the right one up.
>> Um, it should say volume two of four on the front right underneath the stamp.
Okay.
Okay. I think I got volume four. Oh, wait a minute. Yeah, I'm on volume four.
Wait a minute. Let me get the other one.
I think it's the way it air dropped over here.
Okay. Yep. Volume two. Here's volume two.
Let me get rid of this one that we have on here so I won't be clicking on the wrong ones when I'm doing this.
All right.
Okay.
Remove.
Stop. Let me clear this out. X that out because it wouldn't let me get rid of it. Let me get this one all queued up for us.
Oh, okay.
>> All right.
>> Tuesday, August 8th.
>> In court session.
Okay. Okay.
Good. She on a she on a mission. She be mad at them sometimes. I see she not playing with them about certain stuff going on in this court.
>> Yeah, I see. She already cutting them up.
Okay. Present.
So sorry. That's big enough. I think so.
Right. Maybe you guys let me know. It covers up all my screens when I'm looking at it. I don't know how everybody else feels about it, but it should be big enough for y you guys to see it. I'm trying to make it big enough so you guys can see it and I can still see my screen.
>> I was just about to say that.
>> Go.
>> That's what she said.
Who?
>> Uh, I was trying to make it big enough.
>> Oh, okay. It It does look big enough, right? Can y'all see?
>> She didn't get it. Yeah, I see it.
>> Oh, are y'all talking about some bad stuff that's big?
>> I bet I be doing gutter stuff.
Somebody better do it gutter stuff. You need a stretch break.
>> That's what she said. What is they talking about? I'm just dipping.
>> Yeah, don't. It's okay.
>> Oh, I >> You said I'm trying to make it big enough. And Only Fan said that's what she said.
Oh gosh.
Okay.
>> All right.
I didn't even see that. Okay.
Not paying any attention.
Okay. So, we going to try to get through this next testimony. Um, you going to have us a line up.
>> We've only been going for four hours and 50 minutes.
I know.
Y'all know I can be real slow at times.
>> I got the margarita maker on, so it might get for real. For real. For real.
>> Is that what you're drinking?
>> There's coffee right now.
>> Oh, >> but margarita is turning, baby.
>> Okay.
>> It's such a good time. It's such a good time. I promise you. I didn't got real lazy with it. I don't even put the salt and stuff on the rim no more.
I got real lazy with it. Like, at first I was making like real pretty with the salt and I would put the lime and stuff.
Now I'm like, I'm just put throwing it in a cup like give it to me.
Oh, funny. I tried to I got my um chat on a different screen, but it don't work like that. Okay.
Um, I I scrolled back to see because I saw somebody say something about her possibly stopping at a stop sign. She most certainly did not stop at a stop sign.
>> Oh, no, she didn't stop. No, >> not at all. She made >> that was someone else.
>> Yeah. Yeah, she didn't. No. No. No. No.
Oh, no. Oh, no. Not getting right there.
>> I wish she did.
>> She did not.
>> Sorry.
Wait a minute. Okay.
So, we already seen the video of him in the ambulance. We already seen the the We already seen all that part because we saw it in that hour video. It took care of all of that in that regards.
I'm not I I I shouldn't have came back in the chat and seen that. She stopped at a wall.
>> What? Oh, I knew it.
>> You know who did. Yeah, exactly.
>> I can't believe only only that person would do that.
>> It's pretty warm where you're going.
>> Oh boy. Oh boy. Oh boy. One second. Give me two seconds here.
When the live takes a Lyn is already there intantension and And when you're eating, shakes her head. Sure, the sun is to blame. Still l stands firm. Her verdict stays the same. Oh, she brings a truth with a calm steady light. And her presence is a comfort on every trial night.
She listens with devotion. Through each objection and plea through the cross exams and pauses, she's where she needs to be. In the sea of courtroom chaos where temper sometimes flare, Lynn remains unshaken. A voice of reason there. And though the check may shatter and the theories may divide, a lens perspective never waver. She speaks with honest pride. She keeps the room grounded when emotions run loose.
A quiet force reminding us she's here to fight the truth.
The Olympics. Everyone is guilty. That's just her way.
From the first opening statement to the end of the day, Rachel can argue the son's the one at fault. But Lynn won't loyalty.
>> I don't do that stuff.
Heavens bed dancing. Is that what you call it?
Yeah, I have a candle. That's all the things that the lighter does for me cuz I'm an idiot.
>> All right.
right quick when she drops her voice on the screen and she reads the room. Don't drop the fact she's ahead of the boom. Not just stop talking, she bringing a receipt.
When sweet speaks, everybody hits repeat. She don't just show up, she says the tone. From her in the chest bloom funny when she scene got the jokes, got the facts, got the mean. Hey, when she talks everybody into a viral clip brings in humor in a perfect blend when sweet starts talking that's the trend again.
I think she's talking to her kid.
Did I make this one?
>> Oh, Claire. Yes, that's when she was turning on to Progress Road and then on Progress Road, she's going balls to the wall.
Do you know how much [ __ ] I've talked about people who eat on stream?
I take it back.
Sorry guys, that was I had to That was Jason, just so y'all know. So, I wasn't just out here just doing stuff. That was Jason. He was trying to get his time to come on to um to talk, if that makes sense.
So, he'll do some tomorrow.
Um, so we'll do we'll do um let's we'll try to get through mom's testimony.
>> I think get through mom's testimony.
>> If we need to stop now, we can stop now.
>> I'm okay. You let me know.
>> I got to do >> Yeah, we can we can go some more. And um I just I know we got we got him on deck for tomorrow cuz we'll try to do it today tomorrow. Um what you looking like tomorrow?
>> I'm open tomorrow.
>> Okay. Cuz he said he said he'll be available 11 1:30 y'all time.
>> Okay.
>> Which is 11:30 my time.
>> Mhm.
So, um, either me and you, we can even get started early and then he can come in and kind of whatever we want to do. I guess just back up.
Okay, so here we go. Um, like we're back in court, y'all. We're calling case number whatever. Whatever.
Whatever.
Let me see. I'm put this in front of me.
>> Okay, I'm going to read what the court says. Let's go on the record. I want to make it clear to everybody today. This is why I am coming off the bench. If anybody is seen with a phone, you will be ejected from the courtroom and not allowed to return. Clear? Clear.
Are they all off? Yes. That's why the deputies are here. If they see it, they will take it out. I will allow no exceptions. This is very important for the integrity of the trial. Mr. Troop, do you have another witness?
>> Thank you, your honor. The state calls Detective Van from Strongsville Police Department.
>> Good morning.
>> Good morning, your honor.
I'm scared. They came all the way down.
Look, I feel like I'm in a courtroom.
Like, she came all the way down here and said something to us. Now, wait a minute. Oh, they must have been really getting on her nerves. Okay, so I'm going past this part. Um, >> we will go here.
>> Do you want to be attorney or witness?
>> Um, it don't matter. I don't know. I guess whoever is going to flow for for It don't matter.
>> Go. Whoever's gonna what?
>> It don't matter to me. Okay. Well, good morning. Please state your name and spell it for the record. Steve Vanick and he spells it.
>> Where are you employed and in what capacity?
>> I am with the city of Strongsville with the police department and I'm currently assigned to the detective bureau.
>> About how long have you been so employed?
>> I have been with the city of Strongsville for over seven years.
>> Training and experience do you have to prepare you for this position? I graduated from the Cleveland Police Academy in 2014.
That gives me my basic peace officer cert certificate. I have a bachelor's from Baldwin Wallace University in criminal justice and also a master's from the University of Cincinnati in criminal justice. In my time as a law enforcement officer, I have had training in field training officer certification.
I am a crime scene photographer. I am an evidence technician. I am also a FAA drone pilot.
>> And what are your primary responsibilities as a detective with the Strongsville Police Department?
>> As a detective, in my capacity, I receive reports, follow up on them, make sure that I am following up on any leads, getting any probable cause for any charges. Furthermore, because of my training and experience, I'm also one of the individuals usually called out for crime scene processing, crime scene photos, and also drone operations and training for other drone operators for the police department.
>> Okay. At some point, did you become involved with an investigation of a double fatal car crash on Progress in Almeida from last July 31st?
>> Yes, sir, I did.
When did you become involved with that incident?
>> I believe it was the day after, which would have been August 1st, 2022.
>> What was your initial involvement with this case?
>> My initial involvement was tasked to go out and take a look at the scene of the crash. I took photographs of the crash and spoke with, I believe it was the president of PLCO, which is the building right there where progress dead ends into Alama. I received information from her that they actually had part of the sign on the roof and took pictures of that. And going on from there, going through the search warrant and motor vehicle and taking photos of the motor vehicle after it had been impounded.
>> Just to keep the record clear, the PLCco building that you referred to, is that in fact the crash site?
>> Yes, sir.
>> Okay. Beyond taking the photographs the day after the crash, did you do anything else to investigate this case?
>> I had collected parts of the vehicle and possible evidence from the crash scene.
After taking photographs of the vehicle after it had been impounded, I performed a search of the motor vehicle and collected items from that. After the collection of the evidence and photographs, I took aerial photography via drone and also video footage using our drone on Progress Drive.
>> Did you collect any surveillance videos?
>> I did collect surveillance videos from businesses located on Progress Drive.
>> Do you recall specifically which businesses that you collected surveillance videos from? I know for a fact that Test Oil, also known as Euroins, was one of the businesses that I collected video footage from. If I remember correctly, the other would have been Lincoln Movers.
>> Lincoln Movers as well.
>> Yes.
>> Was there anything in the course of your investigation specific to your offense test video that required additional investigation investigative steps? I had to contact Mr. Haltzapple. I know it is in the report. He was the individual who provided me the surveillance footage from Test Oil. After we looked at the footage versus what our city cameras have, you notice there is a discrepancy of time of 4 minutes and 20 seconds. I talked to Mr. Fulton to follow up on that, making sure that the time, the correct time that we have, and that would reflect on our city cameras was different than that of test oils. Their camera footage was four minutes and 20 seconds off.
>> Do you recall if their camera at test your opinions was 4 minutes and 20 seconds ahead of the c city camera or 4 minutes and 20 seconds behind the city camera?
>> I don't recall if it was ahead or behind. I just remember it was off.
>> Is that information? Did you write a report on this incident?
>> Yes sir, I did.
Is that information regarding the time difference between the city video and test oil video? Would that be in your report?
>> I believe it is in my report. If not, there is a me memoranda where I specifically state that.
>> Is it your testimony as you're testifying for us here today, you do not recall whether the video was 4 minutes and 20 seconds fast or 4 minutes and 20 seconds slow?
>> I can't recall, >> Mr. McDonald will stipulate to whatever it is.
>> For the record, your honor, may I approach the witness? I have a copy of that I numbered state exhibit 210.
Take a look at at exhibit states exhibit 210. First, do you recognize that document?
>> Yes, I do.
>> What is that document?
>> This is my investigation, my report that I wrote.
Do you believe that document will refresh your recolle recollection as to the time difference?
>> I do.
>> And would you please then review the document? Upon doing so, look up at me and I'll ask some follow-up questions.
>> All right.
>> Is your memory refreshed, detective?
>> Yes, it is.
>> I'll take 210 from you. Was the test all your fans video four minutes and 20 seconds ahead of the city camera or four minutes and 20 seconds behind?
>> Ahead of the city.
>> Did you interview any witnesses?
>> Witnesses to the crash?
>> Witnesses in any sort. Did you conduct any interviews?
>> I spoke to individuals at the businesses and took footage from them.
>> Did you take any statements? I don't recall if I took statements from them.
>> All right. Prior to coming to the witness stand this morning, did you have an opportunity to review a disc containing the crash photos that you took?
>> Yes, I did.
>> All right.
And did you review that disc and inspect to ensure that it only contains the photographs that you took?
>> Yes, I did.
>> Your honor, may I approach?
Yes.
I'm handling you I'm handing you what I have marked as states exhibit 100 through 193. Take a look at that. Do you recognize that exhibit?
>> Yes, I do.
>> Does that appear to be the disc that you inspected containing the photographs that you took in this investigation?
>> Yes, it is.
>> Thank you. You testified, let's say, on the photographs for just let's stay on the photographs for just one moment. I would like for you to identify just a few of your videos for the court.
May I approach the witness, your honor?
The court?
>> Yes.
>> These are going to be exhibits 194 through 208. Detective, I am going to hand you the entire stack of photos.
Photographs. Would you please take a look at those and identify them for the court?
>> All right. States exhibit 194 is the motor vehicle that was involved in the crash as it was parked at center towing, which is the business we use to impound motor vehicles. As you can see, it's next to the fence with the barbed wire on the inside of the impound lot.
States exhibit 195. This was a photo as I was looking at the motor vehicle from the outside and taking photos of it.
This is a photo of a slipper that was in the area of the accelerator in the driver's seat of the same motor vehicle that you saw in the previous exhibit.
>> States exhibit 196.
>> This is the data recorder box recovered from the motor vehicle from this crash.
>> Exhibit 197.
>> This is the same box, just a different viewpoint of the connection.
Exhibit 198.
>> Exhibit 198. This is the corner of PLCO, the building that the vehicle had struck. This is showing the area of impact.
>> Exhibit 199.
>> This is a photograph of the sign that had been struck. That's actually the PLCO sign. This is looking at progress in Alama.
>> Exhibit 200. This is a piece of the sign as I was notified by the president of PLCco that had actually been sent from the s sign up to their roof. So this is a photograph of their roof with part of the sign on it. Damn.
>> I know. I'm like listening to this stuff like wow >> do you have any idea how far this piece of sign was located from the original sign location?
>> I do not.
>> Okay. Exhibit 2011.
>> This is on Progress Drive looking at Alama. This is looking at PLI DCco. You can see the tire tracks in the grass and that is the sign.
>> Referring back to the last one, the piece of the sign. Are you able to indicate on states exhibit 201 where the piece of the sign was located?
>> Yes. If you are looking at exhibit 201 and you are seeing the very small dark brown part of the building, not the further one. The roof line is just above the stop sign. That is where the part of the sign was. The red door just to the right that's on the wall. You can see that door is open in states exhibit 200.
And there is a little set of steps.
>> Okay. Real quick before we um we go to that. Is any of this stuff you think in this file?
>> Yeah.
>> Oh, well let's let's wait a minute.
We'll wait a minute. Let's stop.
Are we going I wonder should we go to scene?
I got scene photos here.
Let me see what I got going up.
Oh, that look like a house.
Hold on, y'all.
I wonder what does these say? This don't look like no photos and no no.
Okay, let me go back out of here.
Yeah, I'm pretty sure y'all don't want to listen to I'mma play a little some tunes while I try to find these photos that they are mentioning of the sign being on the roof and all of this good stuff. I I want to see it. So, sorry guys. That's the whole point of all of this stuff. We're in court. I don't have my exhibits together. Not just yet, but let me I'm going to get them together.
Here we go. I'mma play some tunes while I look it up, guys.
YEAH.
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>> Yeah. Yeah. Yeah. SD rolling with the sunset flow. West coast haze where the good vibes flow. Little bit lifted.
Yeah, she stay serene. Ocean breeze mixed with the evergreen. Late to the stream, but she still going to slide.
Panel opens up, she already. Hold up.
I'm here. Yeah, she dropping bars. Calm cool energy no matter how far. She got that scrolling every stream. Little lost down but she part of the team. New to the crew but she locked in fast. Super flying. Yes, she built too. Wait, where we at? But we got her back. Point her to the right. Never off track. Now she us from across the map. Different time zone, but she bridging the gap. Y'all good every time. Yes, she mean that.
Heart so big you can't teach that algorithm running she keep it alive dropping love in the chat keep the whole thing thrive quiet power steady hand in the dark every glowing got a shamrock spark >> yeah say the name twice show up Every twice from the traffic jams to the ocean tide.
From the lost lings to the worldwide ride in the mix. Four names, one flame. Can't remix this.
Just on a side note, while I'm looking at this stuff, guys, for the sign to be replaced, for the sign to be replaced, it was $8,5053.
I'm looking at the little invoice thing.
Oh my.
Um, for the concrete for the wall, it was $219,854.13 to be repaired.
So, that's just giving you an idea of how expensive.
I don't know if she got that much property damage insurance. Gosh. Like I don't I don't I don't I don't know if her insurance covered all of that.
That's what I could tell you. That's a lot of property damage. Most people have like 50 100. You may get some people that got 100, 200. Okay.
I don't know if they had that on here. I'm trying to find these photos still. I wonder why they just didn't put them up under this file, but they didn't.
see processing photos.
Yeah, I'm not understanding like Okay, I see photos of the door. Wait a minute.
I see the videos too of Dom that he had on his phone that they introduced him to evidence just so y'all know. Oh, watch.
But when it's time for me to show them to you guys, I'm not going to be able to find them. So, yeah, there there's that.
>> I have the the grand jury report pulled up, but it doesn't have those pictures in it.
>> Oh, okay. What is it? What What do show us in there?
I wonder why they just didn't put it up under this um what is this called?
>> I'll I'll share um >> okay >> this jur this grand jury report while you're >> trying to figure this out.
>> And this is what they presented to the grand jury in order to get her indicted.
So, I'm just going to scroll through this and we can all look.
There's the crash site.
So, this corner is where she hit and this is the sign.
Can you I hope y'all can see this.
Pretty sure that's a video, but it doesn't work in this format.
There's a map and then the car.
Members of the public provided the first clues that this crash was not an accident from DaVon's Live 360 showing a 90 mph top speed.
So here's the map. Um, this is Paul, whatever his last name, Bush House, something. They were here in this white dot and then they drove to over here for the crash site.
Now, this is probably what people were referring to as her using her blinker and stopping. She took this curve at 30 35 miles an hour normal. And this is um progress drive where she sped up to 100.
We watched that video.
This is where the Toyota went slightly off the road and aimed directly at the corner of that building as evidenced by the tire tracks. You can see the tire tracks right here.
This sign part of it ended up on the roof. I guess barely a dent in that wall.
That's crazy.
There's the black box.
That's stuff I'm not even going to even try to the uh Prada slipper used to be right here.
another video.
I don't know what this is. Oh, maybe that turn the opposite way. It doesn't matter.
Toxicology report. No level of THC.
mushrooms, her stupid ass Tik Tok, her Halloween costumes.
Now, she was just trying to replicate uh Playboy Card's makeup that he did in 2022. She wasn't being a skeleton to be disrespectful.
She's just really tonedeaf, >> you know. That's what I heard, you know, also. And I I can believe that, but you know what happens is that when they trying to do something and put something in negative light, they just gonna pull the negative part from it, you know, in all fairness. So, I kind of figured out why they kind of did that.
Yeah. I don't know. I can't find that stuff.
I don't know. We have to figure I have to figure I see the estimates. I don't know why they wouldn't show me on the estimates, but I think I figured out a different way of um looking at this this stuff here. I think I know we haven't got to this part, but um I know she had charges of tampering or some kind of theft or something. Damage to a church or something.
>> I know she had menacing.
>> Menacing?
What What would that been about? Like menacing?
>> Like harassing maybe >> the church. Um, no. I'm not saying >> I'm just saying like, oh, I wonder who was it. Who was that about? I know she got the school bullying, >> menacing and disorderly conduct on the highway.
>> Um, on April 4th, oh, um, a witness advised that an unknown male was following her while she was driving.
Oh, she was the victim.
I guess that's against.
Oh, >> I don't know.
>> Okay. Yeah. Well, maybe we I mean they have so much stuff in this thing. Like this is just I mean it's like almost overwhelming.
Like it's so much stuff in the every time you click in the tab. It's like never ending. It's like a never ending story, >> you know, from what I can see when I'm clicking in here. And it's like I'm not even screaming.
>> I'm not even trying to get in there at all in any type of way. Like it's like it's just so much information, guys.
That's what I can definitely tell you.
Yeah. We got to wait for Audrey to to put all this stuff together for us. His videos, his photos, his everything. They broke into a church. Who broke into the church? Yeah. Some V. Yeah.
Yeah. That's what I seen. Like I seen that she was charged with that.
That's why I was asking about that about that part.
Yeah, I mean they got everything in here.
That's what I can definitely tell you.
I mean everything.
I just need to we I I'll try to have it better for tomorrow in some type of order. That way um as we going through this stuff, it I don't have to be flip-flopping and trying to figure out where something at.
But that makes sense. At least we'll try. We'll try. If not, we'll just wing it like we doing now. I mean, it's definitely fascinating. I bet you all through that file. Boy, oh boy. Oh boy.
On that computer and all through it.
Okay. We I can't I don't know. I wish they had these exhibits like the court exhibits for us in these files cuz I like I don't know. I see the Berea fire report and we just >> Yeah.
>> Yeah, we just did that. I wish I would have knew. I would have had that up here like I see. And then his narrative history and stuff.
The actual report is in there of all of that stuff. Yeah, good information.
information. Yeah, I got to figure this stuff out so tomorrow I can have it up where to put it or when to put put stuff and what files they have it up under will be it cuz some of this stuff is really out here and it says um who's okay who we got on the stand right now? I don't forgot.
Maybe I can find find it that way because I see Glover Detective AU detectives report.
I'm trying to find his name.
Uh Stephen Vanic.
I see I see statements.
I see Brent. We did him already, right?
Stance law. Stand.
>> We already did that.
>> Yeah.
Wow.
Okay. Well, I guess we'll go back and let's try to go ahead and get through here. And I don't know. We have to If I can find some stuff, I'll send show it to y'all later.
>> All right. What page are we on?
>> We are on page 137, I think. No. Am I on the right one?
Yeah, 137.
And we were down here by um on line 17.
Okay.
So, you go ahead or do you want me to ask the question again?
>> Let me pull it up here first.
Um, okay. So, we were down here on where it says 24 because we had um Yeah, I think we're down here 24, right?
>> Okay.
>> Question. Thank you. State exhibit 202.
>> This is another view of the sign.
>> Exhibit 203.
>> This is again another view of the sign.
This is on the opposite side of what you are looking at in 202.
>> Exhibit 204. This is again the corner of PLCco >> 205 >> where the impact happened. This is the same exact area. This is taken from the opposite side of the wall.
>> 206.
>> This is pretty much facing onto the side of the building. The impact area you can see on the right hand side.
>> 207.
>> Another view of the impact area. This time looking down Progress Drive in Alama.
and 208.
>> That would be the motor vehicle that was involved in the crash at the impound lot.
>> Thank you. I'll collect those from you.
May I approach your honor?
>> Yes.
>> Detective, you testified that you are a certified drone pilot. Is that correct?
>> Yes, I am.
>> And tell the judge if you would about the Strongsville Police Department drone unit. So, the Strongsville Police Department drone unit has five operators in it right now. I was one of the first.
I'm currently the drone coordinator. So, I am really the individual that's responsible for providing our initial training, trying to follow through, making sure they can pass their lensure and training to continually and professionally develop all of our drone pilots. I am also the individual who makes sure purchasing and maintaining the right equipment and everything we will need is appropriate.
How many drones does the unit have?
>> We currently have three.
>> Are they all the same make and model?
>> They're the same make, the same company, DJI, but three different lots.
>> Did there come a time in your investigation, in this case, that you went to the crash crash screen and took some drone video tape and photographs?
Yes, sir.
>> All right. Which make model of the drone did you use to take the photographs and videos?
>> So, we used a DJI M30T.
That's the newest drone, current drone we have.
>> What quality of video and photographs is that drone capable of recording?
>> It's a 4K video. I'm not sure of the number of megapixels.
It's 4K video. It has to be very similar photographs that it would take.
Have you had an opportunity before your testimony to review the videos and drone photographs that you took?
>> Yes.
>> I'm going to show you a brief clip of what I have identified as state exhibit 195. I just played the first five seconds of that. And so they're playing a video. I was over here trying to see because I see something that's labeled drone, guys. But and I clicking and I don't see nothing.
I don't know now cuz I'm assuming they got this in there too, right?
Drone video.
Yeah, I'm almost getting like I want to see. I'm so nosy.
Okay. Well, maybe I, like I said, I'll try to find it tonight. Okay.
Let's We'll find it when we all stream so we don't have to do all this stopping. My apology.
All right. Do you recognize this exhibit?
>> Yes, I do.
>> What is this exhibit?
>> So, this is our drone operating in the air, and we are preparing to close down the roadway to take video of Progress Drive.
I'm going to fast forward this video, detective. I incorrectly told you this was marked as a states exhibit 195. This is marked as states exhibit 209. I'm sorry, your honor, the court. That's okay.
I've moved it to the 3 minute mark. What is the drone video shooting at this time?
This is our drone as it is driving on Progress Drive, driving from Pearl Road towards Alama Drive.
>> Are you the operator of this drone video?
>> Yes, I am.
>> All right. Describe for the court where you are located while this drone is taking footage.
>> So, I am located with another officer who is operating the vehicle. I am now operating the drone just be just right behind it. And we have the rest of the roadway closed off so nobody can get in front of us. I'm directly behind the drone as it is pretty much at the same altitude in front of us.
>> Are you in a vehicle or on the ground?
>> In a vehicle.
>> What height, if you recall, are you operating this drone at above ground?
What height above the ground?
>> I couldn't recall exactly. It would have to be within 20 ft.
>> Okay. Did you have an objective in the height of the drone that you were operating?
>> Can you rephrase?
>> Yes.
Was it important to you to keep the drone at a certain height above the street?
>> Yes.
>> Why?
>> I'm trying to stay away from the ground because it's bad for me.
Oh, the second reason is that I'm trying to maintain the altitude. So, it is the same perspective that I was seeing from my passenger seat as I'm operating it and we're going down the roadway.
>> All right.
Where on progress is this drone located >> now? As you're seeing directly in front of it, you can see PLCO, the building we have been talking about, and that is Alama Drive.
What else do we see in this video that is on the screen at this point?
>> We just passed Euroens, also known as test oil. We can see PLCO, the new sign, and you can see this blue tarp they still have up from the damage the building had.
I would stop it at the five minute and 30 second 30 seconds beyond the photographs. The collection of the video, the verification of the differences in time between the city camera and your offense camera. Did you do anything else in your investigation in this case?
>> Not that comes to mind.
>> Your honor, I have no more questions of this witness. Cross.
Here he come. Mr. McDonald.
>> My name is Jim McDonald. I'm going to ask you a series of questions. If at any time you don't understand the questions, ask me to repeat or rephrase. Fair enough.
>> Fair enough.
>> All right. When did you take the picture of the slipper?
>> The photo of the slipper. I would have to refer to the meta data on the photo between August 1st and August 9th.
>> Of what year?
2022.
>> So, you didn't take that at the scene?
>> No, >> you took it where?
>> In the impound lot of center towing.
>> Do you know if that slipper had been moved from the time of the incident until you took that took the photo?
>> I don't know that.
>> You just took it as it was several days after the incident >> and see to it as I saw it. Yes.
And now the drone. When was that drone done?
>> The drone footage would have been done within the past couple months.
>> Past couple months.
>> Yes, sir.
>> We can agree. It's pretty accurate what the road was like, right?
>> Yes, sir.
>> The road is pretty in the road is in pretty bad shape, right?
>> I'm not an engineer. I wouldn't know.
When you observed it, it looks to me that where the sewers were where there would be like almost a Vshape where part of the sewer is flat to the ground and part of it is raised sort of in the same way the curve is. Did you observe that?
>> I don't know that.
>> You didn't see that when you >> That wouldn't have been my purview.
But you reviewed this.
>> Certainly.
>> You just didn't notice that.
>> It's not something that I observed.
>> These weren't what I would call typical curves, were they?
>> Can you rephrase?
>> Usually, you have a street that's flat.
Then you have curves that come straight up in a residential.
>> Okay. Would you agree that normally?
Wait, would you agree that's normally how it's done?
>> I would think so.
>> These don't look like those types of curves.
>> More smooth.
>> More smooth. Would you agree they're not at 90 degrees to the road, but more like an angle? I'm going ultimately I'm going to ask you to look at it anyways.
>> I understand. I would agree with that.
>> That makes sense.
>> Correct.
>> You did the drone and you made sure the drone was about the height of the passenger or drivers of a car would be the same vantage point.
>> Approximately the same altitude and vantage point, >> which is like four to six feet above the road, something like that, >> perhaps.
I'm going to ask you and ask the prosecutor's help. If you could look at the end of this and tell me when is the first time that you could see the stop sign.
>> Okay.
>> At the corner of Almea in progress. I'm going to Right now it's at 3 minute and 46 seconds. You can't see a stop sign.
Correct.
>> We're coming up to the curve.
>> Correct.
>> You see what I'm talking about? The Vshape of the curves. There was a sewer indicating right?
>> Okay.
So, you would agree with what I said, right?
>> I'm not understanding the Vshape, but I agree with your point on the angle of the curb.
This turn appears to be pretty sharp.
>> Fairly sharp.
>> Okay. And we're playing. We're now at 42 minutes and 7 seconds. Are you still And you still don't see the stop sign.
>> Correct.
>> And there's all sorts of leaves, right?
>> I would agree.
>> Land. We still don't see the stop sign.
You just tell me when you see the stop sign. We are going to stop it right here indicating that's at 4:46.
Still can't see the stop sign.
>> I can't see anything. No.
>> Still can't. Still can't because it's still behind the trees. Right.
Right now we can see the first S T O P.
That's at 5 minutes and 13 seconds.
Right.
>> I agree with that.
>> What is the distance from where you could see the stop sign until you entered the intersection?
>> I would have to look at more data than that. I wouldn't want to give the wrong answer.
Can we at least agree is not a long distance >> between the time >> that you first observe the stop sign until the intersection.
>> Yes.
>> Short distance.
>> Yes.
>> No further questions. The court redirect Mr. R. Wait wait wait wait one minute.
One moment. Wait a minute. Can I have a one moment? Sorry.
Nothing further.
What he do to all that for redirect? No further questions, your honor. The court, you're all done. Thank you, your witness.
>> Thank you, your honor.
>> He must have had a epiphany or something. He thought he had a question.
Have a question.
That's so funny. The court. Who's next?
Did you get the witness list we typed up for you? The court. I did not. We will call Christopher Martin, your honor. The court. Hello. Okay. So, we got Christopher Martin. Who is he?
>> Uh, something about the glass or something.
>> Okay. This is him getting up there. He's sitting down. Let me see if he got anything on this thing. Christopher Martin.
Okay.
May I acquire >> the court? Yes.
>> Good morning, sir.
>> Good morning.
>> My name is Tim Troop.
I am with the prosecutor's office and I'm going to ask you some questions.
Would you please state your name for the record?
>> Christopher Martin.
>> I want to step back for you. It sounds like you have a soft voice. Keep your voice up and speak slowly so the court reporter can take down everything that you are saying. All right.
>> Yes. Not a problem.
>> Can you say your name again?
>> Christopher Martin.
>> Martin?
>> Yes.
>> Are you employed, sir?
>> Yes.
>> Where are you employed?
>> Actually, >> I'm having a heart. Sorry.
>> Look, we both want to say it real quick.
Go ahead. No, >> I thought it was still me. I'm having a hard time hearing, says the court.
And he says, "Kyoga Auto Glass."
>> There you go. Lean into that microphone.
Can I move? I can't hear him at all.
I need to move now. Can't hear him at all. I'll turn the microphone on.
>> Why isn't the microphone on?
What do you do at Kyhoga Autoglass?
>> Install windshields.
>> How long have you been doing that?
>> Nine years.
>> How old are you?
>> 412.
>> Without giving me the address, what city and state do you live in?
>> Strongsville, Ohio.
>> Okay. Are you familiar with the family of Dominic Russo?
>> Yes. How are you familiar with the family? The Russo family.
>> Friends of the family.
>> How long have you been friends with the friends of the Russo family?
>> Five, six years.
>> I'll stop here, y'all. This is the guy that that got him off the freeway with that incident. Okay.
You remember the incident where his mom said, "Chris, this is him."
>> No. Okay. I'm I'm putting pieces together as we go along. Sorry. Okay.
Are you friends with a particular member of the Russos family?
>> Pretty much all of them.
>> All of them?
>> Yes.
>> Have you ever been convicted of a felony in the state of Ohio?
>> Yes.
>> What felony have you been convicted of?
>> Carrying a concealed weapon and illegal transport of firearm.
>> When were you convicted of those felonies?
>> Six years ago, maybe. Okay. Was that in Kyogre County?
>> Yes.
>> In this courthouse?
>> Yes.
>> Do you recall which judge?
>> Objection.
>> I do not.
>> Overruled.
Okay. You talked with me before testifying here today?
>> Yes.
>> And you understand that you are here to testify about an incident that took place on I71 last July, correct?
Yes.
>> So, let's talk about that incident. What do you remember specifically about that incident last July?
>> We were actually sitting in the garage, me and Christine Russo. She ends up getting a phone call from her son, Dominic. He seemed upset. So, as she is sitting there talking to him, I knew she was not feeling well. She just got out of the hospital. and I decided to go and find out where he was at and pick him up and get him away from the situation where he was in.
>> You were sitting in the garage with Christine Russo.
>> Yes.
>> Where is this garage located?
>> Right behind her house.
>> Okay. This is a garage that is located behind the home of Christine Russo.
>> Correct.
>> In what city and state?
>> Strongsville, Ohio.
Geographically, can you describe where Christine Russo's home is?
>> On Lun Road, less than a quarter of a mile from the high school.
>> How close is it to Interstate 71?
>> A few minutes, probably about a mile, mile and a half.
>> If you leave Christine's home to drive to the first exit on I 71, which route would you take?
>> On to Pearl. Pearl to 82 and 82 to the highway.
>> Is that the route that you took on this date in July?
>> Actually, no. I cut down where McDonald's is off of Pearl.
>> Why did you take the shortcut?
>> The light was red and I could turn right.
>> You testified that Dominic made a telephone call to Christine.
>> Yes.
>> And at some point you left the garage.
>> Yes.
How long of a time period elapsed from the telephone call coming in to you leaving the garage?
>> Maybe 3 minutes, four minutes.
>> All right. What took place without telling me what anyone said. What took place in the garage during those three to four minutes?
>> Christine was upset. She was talking to Dominic.
>> Why did you leave the garage?
>> She's upset and he called his mom that something is going on.
What was your purpose of leaving the garage?
>> To go get him out of the situation that could have been a bad situation.
>> Did you have a destination that you were headed to get him to get to to wait?
Headed to to get to what the to Okay, go ahead. I don't know.
>> It wasn't a set destination until I figured out where he was at.
>> How were you able to figure out where he was at? by the phone call.
>> Did you place the telephone call then to Dominic Russo after you left the garage?
>> Yes.
>> Did he answer?
>> Yes.
>> Did you speak to with him?
>> Yes.
>> Based on the content of that conversation, were you able to determine a location of Dominic Russo?
>> Yes.
>> What was the location?
>> They were coming down 71 North.
Okay. And can you be more specific as to the which section of 71 North they were coming >> between Pearl and Bagley?
>> When you say they, whom are you speaking of?
>> Dominic and McKenzie.
>> Were you on the telephone with Dominic as you were driving to that location?
>> It was back and forth. He called his mom and I was calling him. So, it was kind of back and forth. And once I got a hold of him, I stayed on the phone with him until I figured out exactly what spot he was in.
>> And you testified that Dominic and McKenzie were in a car. How do you know that Mackenzie was in a car with Dominic?
>> It was her car. She was driving.
>> Okay. Did you know that at the time that you were on the telephone with Dominic?
>> Yes.
>> Okay. Was there a point in time where you actually caught up to the car?
>> Yes.
Where was that location?
>> On the side of the highway.
>> Approximately. How long in the time from the telephone call Dominic made to Christine to you locating the car that Dominic was in? How long of a time period may have elapsed?
>> About 12 minutes. 12 to 15 minutes.
>> All right. When you locate the car, what did you see?
I pulled up behind the car and she's the door is swinging open because he knew that I was there and his hands.
>> Mr. McDonald, objection as to what he knew.
Court, can you rephrase?
Let me ask it this way. When you first located the car on I71, were you driving and was the car also driving?
>> Yes, they were.
How long of a period did you see this car being driven by the defendant?
>> 35 seconds or so.
>> Okay. And then what happened to the car?
>> They pulled over.
>> So you followed the car north on I71 for approximately 30 seconds or so. Is that what what you said?
>> Yeah.
>> Then the car pulls off to the side of the road.
>> Yes.
And what you observe, do you see the defendant driving the car?
>> McKenzie?
>> Yes.
>> Yes.
>> She was the driver.
>> She was the driver.
>> And did this car pull off the road?
>> Yes.
>> And did you observe anything taking place inside the car after it pulled off the road?
>> A tussle. She was swinging her hands at him.
>> Okay. And she was swinging her hands at him.
>> Yes.
>> Both hands.
>> Both hands.
>> What was Dominic doing, if anything?
>> Trying to get out of the car.
>> Were you still on the telephone with Dominic when you pulled up behind the car?
>> Yes.
>> Behind the car?
>> Did you over hear the defendant say anything at that time?
>> She said she was going to wreck this car right now.
>> When she said she'll wreck this car right now, what did she say? Did she say I'm going to wreck this car right now or did she say objection sustain?
Just tell us what you recall her saying the words that you can re recollect recollect recollect.
>> He was saying something to her. There was some type of argument and he said, "I want to get out of this car." She was also she's like, >> "Objection.
I'm going to wreck this car right now.
>> Overruled.
How did you perceive the comments that you overheard the defendant say to Dominic Russo? Objection.
Overruled.
>> How far did I Can you repeat that?
>> How did you perceive the comment that you heard when she said, "I'm going to wreck this car." How did you perceive this?
>> I was worried. I kind of felt that it was a bad situation and they needed to be separated.
Did she make that comment before the car had pulled over to the side of the road and parked?
>> It was kind of at the time at the same time as they're pulling off to the side of the road.
>> Okay. After she made the comment, you saw that the defendant striking her hand at Diamond.
What took place on I71?
>> After that, he hopped in the car and we pulled off. I take him home and shortly after that her dad pulled up asking for her belongings.
>> Were you still on the telephone with Dominic when he got in the car?
>> No.
>> All right. Did you see the defendant do anything else on the side of the road there?
>> No.
>> Do you recall if you left that scene prior to the defendant leaving or after she left?
>> We pulled off first.
>> Okay. Did you have a conversation with Dominic once he got in your car?
>> Yes.
>> I don't want to know what he told you.
What did you do after he got in your car?
>> We drove home.
>> Do you mean Christine's?
>> Yes.
>> From the time that you left Christine Russos Russos until you return to the home with Dominic, how long of a time period are we talking about?
Less than half an hour.
>> Do you recall anything else taking place after you returned to Christine Russo's home?
>> Just her dad coming there trying to get her belongings.
>> Whom are you referring to when you say her dad?
>> Mackenzie's dad.
>> Her father showed up. Do you know her father?
>> No.
>> And he was demanding Mackenzie's clothing?
>> Yes. Do you recall if if he in fact retrieved any clothing clothing?
>> I think he did.
>> What did Dominic do once you got back to Christine's home?
>> Sat in the garage with us. He was upset and her dad showed up and we went and got her belongings.
>> Mr. Troop, your honor, I have no more questions for Mr. Martin. The court cross Mr. McDonald. Thank you.
Absolutely jumping up. He seem like he probably a shorty do.
Could you imagine? Okay. You know, it's so funny. So, like as we going through this um I think that this is also probably a good time when we are doing this because you know they had text messages on these days and I think this is or either when Dominic's mom um around from our text messaging thread. So, uh, maybe we'll go into some look at some of that. I don't think it was like a lone thing like Dominic's mom was like over types of ways. But, um, we can do the cross. I almost want to keep on PS needles for tomorrow till we get to, um, Christine's um, testimony.
We'll see. We'll see how we do.
All right, Mr. Martin, my name is Jim McDonald. I'm going to ask you a series of questions.
Okay.
>> Yes.
>> Now, if you don't understand the question, ask me to repeat repeat it or rephrase it. Okay.
>> Yes.
If you have an answer the question, if you wait, if you answer the question, I'm going to assume that you understood that, right?
>> Correct.
>> So, your testimony is that you have a couple of felonies, right?
>> Yes.
>> You're 42 years old.
>> Yes.
>> And you live at Christine Russo's house, >> correct?
Where do you live?
>> In the basement.
>> In the basement or the garage?
>> The basement.
>> And do you live by yourself in the basement or with anyone?
>> By myself.
>> How long has this that arrangement been going on?
>> About a year. Almost a year.
>> You said that you were living there back in July of last year, right?
>> I never said that I lived there in July.
So you were not living there on that day on the day?
>> No.
>> Or this of this of this alleged incident, right?
>> No, I actually lived off 82.
>> Why did you move in with the Russos?
>> My house end up getting sold and I love Strongville, so it was a hard time finding another house. We just moved in.
When you say we moved in.
>> Well, I moved in.
>> You moved in.
>> Yes.
>> And does Miss Russo own one or two houses?
>> Two.
>> Did you move into the house where she lived?
>> Yes.
>> And when you moved in, who was living at the house besides you and Christine Russo?
her son Christopher and her other son Angelo.
>> Dominic lived where?
>> Next door.
>> With whom was Dominic living?
>> McKenzie.
>> No question about that, right?
>> True. Yes.
>> Your nickname is >> Henchman.
>> Who calls you that?
>> Everybody. Family, friends.
>> Who gave you that nick that nickname? I couldn't recall who gave it to me.
>> The Russos gave it to you.
>> Somebody. One of her friends. Yeah.
>> The Russos gave you the name henchman.
What does henchman mean to you?
>> Guy who gets things done.
>> One of the things that you get done is get Dominic out of situations, right?
>> No.
>> You just testified earlier on direct examination. When called, you would get Dominic out of situations. That's what you said not even 10 minutes ago.
>> Out of a situation, not situations.
>> No, you said situations. Would you like to retract that now?
>> I'm not retracting anything.
>> So, you are going to agree your job was to get him out of situations, right?
>> Correct.
>> Okay. This was not the only situation that you got him out of, right?
>> It's the only situation that I got him out of.
>> When did you go to the police? When did you go to the police?
The police about this incident?
>> I couldn't recall the day.
>> Did you go that day to make a police report?
>> No.
>> Did Dominic >> I have no idea.
>> Okay.
Did you start the contact with the police or did the police contact you first?
>> Which situation >> about this July 17th incident?
>> Never got in contact with anyone that day.
>> You never talked to the police about that day >> after the fact of the accident.
>> Right. So my question to you is when did you first talk with the police? I said I can't recall the date.
>> You can't recall? Did you call the police or did the police call you?
>> They called me.
>> They called you.
>> Yes.
>> Okay. So, you never went to the police about this?
>> No.
>> Because you didn't think it was that important, right?
>> I thought it was important, but it's not my situation to call the police. If he his thing, if he calls the police, that's him. I can't call the police for somebody else. You could, but you chose not to.
>> True.
>> It took you 15 minutes from learning about the this alleged incident to when you happened to be on the highway and caught up to them.
>> Yes.
>> So, where was the car being driven by McKenzie and Dominic when you first received this information?
>> I couldn't tell you. I wasn't in the car. My question was, when did you first receive the information about where the car was being driven by them?
>> When?
>> Yeah.
>> When I was in the garage.
>> When you were in the garage, what was the first initial information that you learned? Wait, what was the first initial information that you learned as to where the car was located?
>> When was it? When I learned >> you just told us that you found out about this 15 minutes before you caught up with the car. Correct.
>> Correct.
>> So my question to you is when was the first time you gained information as to where the car was?
>> Had to have been right before I left.
>> Right before you left. It took you a minute to get to the highway.
>> No.
How long?
>> About eight minutes.
>> Eight minutes. And when you got this information, where was the car located?
>> Coming down 71.
>> Where on 71?
>> In between Bagley and Pearl.
>> Okay.
When you found the car, where was the car?
>> Driving down the highway.
>> What part of Interstate 71? I assume.
>> 71 North. driving 71 north.
>> Yes.
>> Now, you just said going down 71. Going down would imply it was going south, right?
>> If that's what you want to call it.
>> 71.
>> You can say down like going downtown would be going downtown north.
>> You didn't say downtown. You said you were going down 71.
>> True.
You choose the words not me. Correct.
>> Correct.
>> When you finally caught up to the car, it was on 71, right?
>> Yes.
>> Heading in what direction?
>> North.
>> How fast did you have to go to catch up to the car? To that car?
>> Well, I don't want to incriminate myself.
>> You can say how fast you were going.
You're not going to get in trouble for speeding.
>> Probably about 70.
>> So, you're not even going that fast.
What I don't understand if you thought the car was going down, but yet you stopped and it was going north.
What intersection did you get in onto?
What? What intersection did you get onto the highway? I got on 82nd.
>> 82nd.
>> Yeah.
>> When you went north.
>> Going north.
>> Even though they told you the car was going down.
>> Said he was on 71 North. I'm used to saying down.
>> If you took if it took you eight minutes to get there, this car must have been where?
Madina. It could have been >> further south south than Madina.
>> It could have come from Brunswick. I couldn't tell you where it came from.
>> How is that you timed it so that you could catch up to this car?
>> Phone call. Just listen. Say where you at. He said they're coming down and I was going to hop on 82 and head down head north the direction they were going. So eventually I would have caught up to them.
>> You just got lucky.
>> Got lucky.
>> You caught up with to them right after you got on the highway.
>> Yes.
>> That's what you want us to believe, right?
>> Yes.
>> Are you aware that that day Dominic text McKenzie objection sustain?
No further questions. Redirect. Thank you. Thank you, your honor.
Redirect examination of Mr. Christopher Martin. Okay.
Remember Mr. McDonald ask Wait, remember Mr. McDonald asking you about being a guy who gets things done?
>> Yes.
>> Did Christine Russo ask you to assist her family that day in July?
>> Yes.
>> Did you try to assist her family?
>> Yes.
All right, just to be clear, just to clear up this issue about what you mean when you say the word down in your testimony.
When you use the word down, which direction on I71 are you referring to?
Referring >> north.
>> Okay. At all times, are you talking about north when you say down?
>> Yes.
>> No further questions. Thank you. the court. Any recross examination?
Nothing. You're all done, sir. Thank you. The court. We're going to take a quick break.
Okay. So, they are taking a break and then we have Christine Russo coming up.
>> Do that tomorrow.
>> Yep. And you guys are going to have to wait until tomorrow.
Tomorrow. Tomorrow. Okay. What time do you want to um do tomorrow? I know. Um Jason said he can get on about What time did I tell you?
>> 1:30.
>> 1:30. Do you want to get on earlier and do the Christine stuff or you want to?
>> Sure.
>> Okay. So, what time and I'll um that way everybody will know.
>> You just tell me.
>> Okay. So, um, so he said 11:30. So, it's it's Sunday, right? I might want me a mimosas or two or, you know.
Okay. So, we'll try. Let's Let's do 10 o' >> my time.
>> No, >> your time.
>> Yeah. Okay.
>> Yeah. My own standard time. So that would be >> 12 >> your time.
>> And that way um we can start off with um even doing a um because I think it would be a good time to go through the messages that happened on that day at some point in time >> since I have the text messaging thread up. But give me this way tonight I can work on like kind of cropping them out >> and throwing them screen for us or you know at least so we'll know where we can key in at them in versus to me pulling up the whole spreadsheet and maybe we can find some of this other stuff in between them.
He said 12. Okay. Okay. He putting it Oh, he Jason in the chat. I know. I kind of like being the I kind of like being the the defense attorney when he get aggressive because I can like raise my voice and act act up. I'm glad she hung in there with me because I'm not looking at the screen so I couldn't really tell.
I'm just like because I when I'm reading I got the full thing in front of my thing. So it it it's kind of I'm like, "Oh gosh, I hope she catch up with this cuz I'm sure about to be saying this."
>> Like he seemed like he was kind of getting upset like right you can kind of tell in his you know the the words that he's mentioning. So awesome time like >> yeah I enjoy that to to the best of my capabilities of doing it.
>> Christopher Martin seemed to be getting a little bit of an attitude.
Yeah, it seemed like because you know he the henchman. He get he gets the job done. He been doing more jobs than that.
Okay. Boo.
>> If you have the name a henchman. Yeah.
>> With all them felonies. And for him to come in and they have to address his felonies off the back for him just to be an innocent witness. I'm like >> Yeah.
>> There we go. There we go with that.
Yeah. So, we will get together tomorrow.
I'mma leave it right here. You know, our witness is going to be um Dominic's mom, Christine Russo. That will be our next witness tomorrow. And um we'll go from there, guys. So, I will put out the thumbnail very shortly.
She said, "I wonder if he really looks like a henchman." I don't I don't know if there's I don't know if there's photos or anything of him on here, so I wouldn't be able to >> I think of a hunchback.
a hunchback.
>> I know it's not the same thing, but >> yeah, I don't I don't know if um I don't know. I have to go through some of this stuff and I don't think it's no photo up here, but >> I'm sure we could find one.
>> Yeah, on the internet somewhere.
>> All right, guys. Well, I definitely appreciate you for hanging out.
>> Thanks for having me. Um, thank you so much for for doing this with me. We got I I got more into the flow as we went.
>> Me too.
>> Was being relaxed and doing it.
Especially when you're like reading a script. I don't know how actors do it.
It definitely is something natural because I'm like I want to use my own way that I talk about stuff. So it, you know, reading is very fundamental. Like I want to add words, take out words because I don't when I'm looking and they say, "Well, how long have you been in so capacity or how long?" When they asking about the job, I'm like, "That seems so weird to say it that way." But I'm assuming there's a reason.
>> Yeah.
>> That they say it that way. So there we go with that.
All right, guys.
>> Thanks for having me.
>> Join us tomorrow. Yes. Yes. Yes. Oh, I appreciate you for doing it. So, we get it get it started and we will um everybody have a great Saturday. I'm gonna play the rest of I'm gonna play our outro song, right? We can do our outro song today, guys. Um yeah, once again, thank you so much therapist for all this information is is is it's overload. I'm probably gonna have anxiety of going through this and trying to figure out stuff, but you know, it is what it is. I'll get what I can together and um hopefully I don't draw myself in in papers and look through these folders tonight.
Um all right guys, you guys have a wonderful Saturday.
>> Bye.
>> I'm gonna put our song on.
When you know the room lights go bright, but the family's here every night.
Mars on patrol chat is showing out. This little YouTube corner is what about therapist you know steady holding down the floor. Behind the scenes magician keeping peace like never before a king too. Every channel dreams of a mind like you. Jason walks in and the ladies lose control. Down to earth with the warmest soul. Fil is always on display. Fair and sweet and cheering. Folks along the way and really from mess keeps the laughter rolling free. Joking shining keeping spirits where they need to be. We're a family in the side by side through every trial. Sweet lead the way with that fire in that smile. We debate, we laugh, we lift each other higher. The Corum crew is everything we admire. Yeah. No matter what the case or file, we're forever.
Take it to try.
Oh, take it to try.
Pretty brown girl should tell you what's true. Sharp as a G, funniest in the room. Dr. Rachel pops in while she's busy running. Speaks her mind every time. Cuts through like a knife. And father brings the energy. Jokes flying fast. Sweet pee backstage making every stream last and Zach trolls and causing chaos just for fun. The resident cheetah but we love him everyone. Here comes Maddie handsome quick with a line comedy SNIPER WITH THE PERFECT TIME and in with the updates always loyal always tuned to true crime news. She brings it to the room where a family in the chat side by side through every trial sweet lead the way with that fire and that smile. We obey, we laugh, we lift each other higher. The squirrel crew is everything we admire. Yeah. No matter what the case or file, we're forever taking it to trial.
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LIGHTING UP THE CHAT LIKE A SHOUT IN THE DARK BUCKLE LOVES HER GRAND SPEAK TRUTH when it's time for metaphor straight up sublime bar biggest supporter HEART KIND OF FAST looking for missing kids hope that truly last only from Singapore flag name but sweet still shows up with love Every time he takes a seat and even the parts keep this place alive. Curvy Irish Amy Capri Law Hellcat our tribe.
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And we couldn't ask for more.
All right, guys. Peace.
Hey, that was I could have been using my gabble. Dang it. I know for tomorrow, baby. Oh, we gonna be all in the rhythm.
But she was like, "Ordering the court."
Oh, yeah, baby. I forgot about that. I really be the judge now. All right, y'all. Have a great one.
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