In assault cases, a victim's refusal to de-escalate a situation and their provocative behavior can be considered a contributing factor to the outcome, even when the defendant ultimately commits the harmful act. This case demonstrates that courts may consider whether the victim helped create the dangerous situation, which can influence the judge's assessment of liability and the severity of the consequences.
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Smug Shopper REFUSES TO MOVE During Parking Lot Standoff… BAD DECISION!! JUDGE STUNNED!!Added:
Why didn't you just walk into the target instead of standing in the middle of the drive around and started taunting my bike? Did you see that in the video?
>> No, sir. There was no taunting. That was me interacting back with him.
>> People against Pete James Hadex 26W710099.
Your appearance is tomorrow.
>> Good morning. I'm asking on behalf of B8893.
>> Good morning. Good morning to your staff. May I please cl11?
Good morning. On behalf of Mr. Keith Hadock's presence to my right, state your name for the board.
>> Good morning, your honor Keith. James Haddock the third.
>> Good morning to you, sir. All right. So, today I have Lieutenant Toller over here. Correct.
>> All right. So, can you tell me your name, Lieutenant?
>> David. What do you >> All right. So, we're going to go to exam on this. I've been told the charges are felonious assault and assault or assault and battery. for proceeding only on the felonious assault with a motor vehicle on the exam. If the defendant is bound over the assault or assault and battery will accompany that to the Wayne County Circuit Court. Any preliminary manners, Mrs. Marorrow?
>> No, your honor.
>> Mr. Kesto, >> uh just a sequestration order, although I don't think there's there's only witness, I'd imagine. Right.
>> One witness, your honor, and just an exception of the officer in charge.
Yeah, the officer in charge can remain.
All other witnesses with the exception of the officer in charge and the defendant are to leave the forum immediately. For the record, there's nobody else in the pews back there, the gallery. So, with that, I will go ahead and uh ask you to call your first witness.
>> Thank you. People call Zachary and >> would you like to take over?
>> Please come on right up here, sir, to the witness chair. Please, I'm going to ask you to raise your right hand. You sound solely swear affirm that the testimony will give in these proceedings will be the whole truth. So, help you God.
>> Yes, sir.
>> All right. Have a seat there. Have you ever testified before?
>> No, sir.
>> Yeah. I'm going to ask you to just keep up your voice nice and loud and you cannot answer with s simple ms or nodding your head side to side or up and down. We have to verbalize everything.
Okay.
>> Yes, sir. All right, you can proceed.
>> Thank you. And good morning, Mr. Andronic.
>> Mr. Andronic, I want to take you back to May 1st, 2026. Do you remember that day?
>> Yes.
>> And on that day, where you at? Near 2355 Allen Road?
>> Yes.
>> And is that in the city of Wood County?
>> Yes.
>> Could you tell us what's at that location?
>> Talking.
>> Okay. And did something happen at that target today?
>> Yes.
>> Okay. Brief description. What happened?
Well, I was pulling into a parking spot that the defendant was p pulling forward out of. I had pulled in my parking spot.
He threw his hands up. I threw mine.
>> Could I stop you right there?
>> Yes, ma'am.
>> If you take a look around in the portal, do you recognize anyone from that day?
>> Yes, sir.
>> Could you please identify around the building that individual is wearing?
>> He's wearing right now.
>> Yes.
>> He's wearing a blue tie, I believe. He want a blue shirt.
>> And was this the individual that you were describing as he?
>> Yes.
>> Okay. And your honor, at this time may the record say by Mr. Evans.
>> The record should still reflect.
>> Thank you, your honor. And you stated at some point you're pulling into a car on the spot and then you come across this individual. Are you're in your vehicle?
In my vehicle and is he in a vehicle or is Mr. Had in a vehicle or outside of the vehicle? He >> is in his vehicle.
>> Okay. And what happened? Well, as I pulled in, I'm under my spot. He was going to pull out. He had thrown his hands up. I threw mine up. I get out my car. I go around the other way, not towards his vehicle.
It's an F you, F this, F that. Just exchanging words. It's I'm trying to go away from the situation. And you'll see on the video I come around from my park and I go towards the there's the what are they called for the buggies.
>> Are you going around the back side of your vehicle?
>> Yes. So I'm going around the back. I'm not going towards the front towards him.
I was going around the back side of my vehicle because you approached the target entrances.
>> Okay. So you were going inside the target entrance.
>> Yes.
>> Okay. And did Mr. had him stay out of his car or stay >> stayed in his vehicle. But >> what did he do?
>> He had his window down bigger back and forth with me.
>> And was this while you were approaching the target entrance?
>> Yes, it continued on as I was walking towards the entrance.
>> And then did things escalate from there?
>> I'd say so.
>> How?
>> I had continued to walk away from the situation as he pulled from out of the parking spot. you had a direction to go.
One accident or the other, he chose to come towards me. As he came towards me, we're still arguing.
Um, >> can you remember what he was saying to you >> along the lines of just using profanity and uh being disrespectful necessarily.
I would say more of like uh that's called Fuse FX. And uh I remember specifically saying I said, "I feel it's very privileged of you to feel as if I was supposed to wait for you to pull forward when I didn't even see you coming." Cuz mind you, if I would have seen him pulling forward out of the parking spot, I would have took two seconds to let him have gone and passed.
>> But I did it. I was pulling into my parking spot.
>> Okay. So there's an exchange of words towards the entrance and Mr. Heights is still in his car. Yes.
>> And did things did anything else happen after that?
>> Well, I was walking towards the target and he approached me with this vehicle, raving to hit me.
>> What kind of vehicle was it? Was it a truck or a sedan?
>> It was like a It was no truck. It was like a I wouldn't compare it to a Blazer. Yeah. Like a sedan type ordeal.
Was not a trunk.
>> Okay.
>> Then did he do anything with that truck?
>> Revved it up. As he revved it up, I said, "Well, you're you're not kidding me now. Are you serious? And he proceeded to boom rush past. He hits me with his car. As I'm on the ground defenseless, I look up and he pepper sprays me while I'm on the ground. I then approach his vehicle.
>> Let me stop real.
>> Yes.
>> Did the vehicle make contact with your body?
>> Yes, please.
>> What part of the vehicle make contact the vehicle?
>> So, >> his side. His his uh head passenger side.
>> Driver's side.
>> Okay. His the front or the back?
>> The front.
>> Okay. Where did you get a possibility?
>> Lower lower body like uh I I described like uh my side >> on the right side.
>> What was it >> on the right side of your body?
>> No. So as I was as I remember right as I'm standing there he had hit it would have been Yeah. It would have been the left side of my body that was hit by the vehicle.
>> Okay. The only reason I'm saying wait slow down. Only reason I'm saying that is you were pointing to your right side.
Did he hit you on your right side of your body or your left side of your body?
>> No, it would have been I don't even want to say left. I want to say the whole like I'd say the middle of my I can't even describe it correctly.
It's just the way he hit me with the vehicle. I spent like I turned you know.
I can't I can't necessarily say as if he hit one side more than like my whole body, you know. I consider he hit me in general.
>> Okay. Once you were hit, you fell to the ground.
>> Yes, sir.
>> Okay.
>> Go ahead.
>> Thank you, honor. And you say that's something about you sprayed?
>> Yes. As I was on the ground coming back.
>> Okay. And were you injured >> from the vehicle hitting me?
>> I consider physical damage um from the vehicle hitting me.
undetermined. I necessarily haven't been to a doctor to have that checked out, but my eye my eye is very fuzzy. You know, I need to go see eye specialists over my vision now.
>> Is it still fuzzy?
>> Yes.
And then this inter this interaction with Mr. Hatics, you getting sprayed, how did you feel about that?
How did it make you feel today?
completely traumatizing. I mean, I don't understand why the situation had to escalate to such a point. I uh spent way more time than I would have liked to replay the situation in my mind. I have not yet spent one night in bed without thinking about how this if this could have went any other way if it needed to get to this extent because at some point I'm losing I'm losing uh I I consider u I'm losing sleep but at the same time I'm losing more of a emotional side of me that I I like to keep. I I can't help but at some point feel as if this didn't need to happen. And I can't help but feel sorry for just everybody in general. This pertains to the people with the wives and kids that were out standing outside watching this, the tons of kids wondering what the heck was going on. Um, excuse my language.
>> Objection, judge.
We don't know what who is out there.
>> I don't disagree. strike the last portion of that testimony.
>> Then Mr. uh you stated that you would like to see an optometrist as well.
>> Oh, what was that?
>> Yes, I'm going to be sketching.
>> Um this issue is it in both eyes, both?
>> It'd be in my >> You're pointing to your right?
>> Yes.
>> And then did you at any time call the police?
>> Yes.
>> Did you inform this incident?
>> Yes.
>> Okay. Um Do you know did you leave the same day?
>> Yes.
>> I'll take both.
>> Cross.
>> Morning, sir.
>> Morning.
>> I go through this because I'm not exactly sure how this all went down.
>> Yes, sir.
>> You don't understand something? Just let me know.
>> No problem. Thank you.
>> You were Mr. Alex was already in the spot, correct?
>> In his parking spot.
>> Correct. He's spot >> and he was moving forward through the spot into the empty spot in front of him.
>> No, sir.
>> He wasn't.
>> That was not of my observation. He was parked still.
>> He was parked still. He was not moving forward. That's your testimony, >> I'd say. So, yeah, he was not.
>> And you came in.
>> You came in awfully quick into that spot, right?
>> No, sir. I pulled in as I would consider as anybody would pull the box. And once you pulled in, you put it in park and got out of your car. Is that right?
>> When I pulled it in my car, yes, I put it in park and he stepped out of my vehic.
>> You didn't back up to allow him to to get out.
>> Necessarily if I didn't observe him pulling out of the parking spot, why would I have reversed out of the parking spot?
>> I'm sorry, sir. I'm not sure what you just said. Necessarily if I didn't did you back your car out or No, that's the question.
>> No, I did not back my car up. After you parked your car, you were in the full space or were you in half the space?
>> When I parked my car, I was in this space >> all the way in.
>> I would assume so. Yes.
>> Well, I don't want you to assume. I want you to tell us if you were or what not.
>> Well, I believe that I go completely into the parking spot, sir.
>> Then you get out of your car. Isn't that right?
>> Yes, sir.
>> And then you make a gesture or look at my fire. Isn't that right? gesture was made on his part first.
>> Hold on a sec. Did you or did you not make a gesture to my client?
>> There was a gesture exchanged following his >> I'll take that as a yes.
>> Yes.
>> And you had excuse me in gesture. What can you explain gesture more? What is >> Did you do any Oh, that's a good question.
>> Did you do anything with your hands?
>> I had proceeded to put my hands up like he did. I copied his hand gestures.
>> Okay.
>> And what were you wearing that day?
>> What was I wearing that day?
Uh, it's no overruled. What were you wearing that day?
>> What was I wearing that day?
>> We won't be young.
I was wearing a Remise jacket with a Remise hat.
>> Would you call it a coat or a jacket?
>> I call it a jacket.
>> Is it big?
>> I wouldn't necessarily I would not say that it was big. No.
>> Was it tight fitted?
>> Yes, sir.
Okay. This is a picture still frame photo of the target parking lot. Is that right?
>> Yes, sir.
>> And towards the bottom of that picture, that's where the entrance to the target is. Right.
>> Right there. The way I had to make my way to get to the entrance, >> this side of the fire hydrant. Correct.
>> Yes, sir.
>> Thank you. Thanks for clarification. And in fact, the individual standing on the top left right by that uh looks like a pickup with a cab on the back.
>> My vehicle.
>> That's you.
>> Yes.
>> And that little black SUV right across from you with where you could kind of see the red light on the the back.
That's my client's vehicle, right?
>> Yes, sir.
In this picture, the driveway that is right kind of where you're walking takes you down that screen towards the front of the target, >> but not necessarily the entrance.
>> Okay. But I didn't ask you that. That takes you to the front of the target, right?
>> Yes, sir.
>> Okay. So, from that position, where do you walk to? I go around the opposite side of the bugs to make my way to the actual entrance of the target.
>> Okay. And this opposite side of the buggies.
>> Yes.
>> That is further away from his vehicle.
Yes.
>> Yes, it is.
>> You don't walk closer to his vehicle, do you?
>> I do not approach his vehicle.
>> You don't go up by the front of his vehicle, >> sir. I walk. There's no Hold on. Wait.
Yes. Go ahead.
>> It's a yes or no question. If he walks up to >> Wait a minute. Stop. Stop. Just wait.
>> Sorry, >> now I ask you a question.
>> Did you walk up to the front of his vehicle? Yes or no?
>> Your honor. What's really confusing me is there's no other way to pass the direction I was going. It's a trick question necessarily because I am walking towards the direction I'm going in would be considered the front of his vehicle, but I'm not. There's a a barrier of the buggies to where I'm not walking to his window or >> where your vehicle is.
>> Yes.
>> And you see yourself in that picture.
Correct.
>> Yes, sir.
>> And your vehicle is what type of vehicle?
>> It is a Ford Range with a cab on the back. That's >> right. And you see his vehicle?
>> Yes, sir.
>> I think the question is simple. Did you ever turn left, so to speak, as you were walking toward the target to walk toward the vict the defendant's vehicle?
>> I did not walk towards his vehicle. I was walking towards the police.
>> Fair enough.
>> And then what did you do? Did you ever walk? Sorry. Straight. Did you turn around and start having words with my client as he's in his vehicle and you're walking? He was exchanging words and I was exchanging words back as I was proceeding to the entrance and he was now >> the answer would be yes you do.
>> Yeah. Just listen to me. Yes sir.
>> Just answer his question.
>> First time I >> No, you're fine. Just you just answer the question.
>> Yes, sir. But in order to testify where it was yes or not, >> repeat your question and if it calls for a yes or no and you can answer it with a yes or no, answer it with a yes or no.
>> Yes, sir.
>> Go ahead. Ask your question again.
>> When you pulled in, you're alleging that my client may adjust her with his hands.
Yes.
>> Yes.
This window was up at that time. Yes.
At that time?
>> I'm ne not even sure.
>> That's fine. You with your own hands made a gesture back to him. Yes.
>> I responded with the gesture. Yes, sir.
>> And then you can walk up that drive away from him to go into the target. Correct.
You're asking me if I can walk towards Go ahead and ask that again.
>> I want to read it. You can avoid his vehicle completely and walk towards the target without paying attention to anything behind. Is that right?
>> I consider that's what I did.
>> Thank you. Did you turn around and start making more? You did turn around and start making more gestures and having words with my client. Yes, >> there was uh the argument did proceed as I was walking towards the target >> and you turned around and faced my client and had your own words back and forth. Is that yes or no, sir?
>> I asked something I'm not understanding is if I'm being approached by a vehicle, my first natural reaction is to turn around. I wasn't necessarily turning around.
>> He's asking as you were walking toward the t.
>> Yes, sir. Did you continue to have words with the defendant?
>> Yes, sir.
>> So, were you you in this picture, what direction were you traveling? You were traveling south, were you not?
>> This direction I was like the direction I go or the direction I headed uh south from my door. Yes, sir.
>> Correct. Y >> and and so he was actually to the west of or the uh north, right?
Now you're traveling south toward the door, right?
>> Yes. But I come around my truck right here.
>> Did you ever go into the aisle where his vehicle was?
>> I did.
>> You see? You >> No, I was on the opposite side, your honor.
>> Right.
>> Cuz there's two sides. If I could have came out of my vehicle, if I could have came directly towards his, I would be around. Okay.
Did you go onto that eastern driveway there?
>> That yes, I did go to that driveway.
Okay.
>> And you turned around and faced my client, didn't it?
>> Cuz the car was a corrosion.
>> Yes, no.
>> Yes.
>> And then you walked towards the store, right?
>> Yes, sir.
>> And you disregarded my client, right?
As I walk towards the store, I I couldn't dis this isn't a yes or no question because I can't disregard somebody else approaching me.
>> If your answer is no, then you know where did we go?
>> No.
>> You turned around and looked at, didn't you?
>> Yes.
>> And you guys had some more words, didn't you?
>> At that point, I wasn't exchanging more words. It was more of him aggressing me in the situation as I was trying to deescalate. Understand?
>> At what point did you walk into that row of travel on the east side of his vehicle?
>> As I had left my vehicle, I was walking towards that from the gate.
>> Wait, walking toward what?
>> The entrance of the sir.
>> Yeah, I know. But you said I I maybe I just maybe I'm confusing it. Maybe I'm misunderstood.
I I thought you just told us that you were on that aisle way to the east of his vehicle at some point. Is that true or false?
>> I was on this aisle way.
>> Well, you pointed right at a car.
>> Were you right of that car?
>> Was I was I in his eye next to his side vehicle or was on the opposite side? Is that what you're asking me?
In this picture, you are traveling walking southbound, right?
>> Yes. Oh, no. I'm coming around the side of my vehicle. There was no how it looks right there. How I'm >> I know, but you're traveling to the south, right? You're walking to the south. I could tell you. You're facing the store, right?
>> If we could continue to video, see what I'm saying.
>> Circle. I wrap around the back of my truck. I don't continue. Right here. I take a turn. is I'm coming around my truck. I'm taking a turn to go to the entrance. I can see what you're saying.
>> Wait a minute. Wait a minute. Wait a minute. Did you walk onto the other aisle behind his vehicle at any point?
>> No, I did not walk behind his vehicle.
>> The aisle behind his vehicle. Not behind his vehicle. The aisle behind his vehicle. So, in other words, that aisle is to the east of his vehicle. Wait a minute. The one you're walking in is to the west. Right.
>> Yes.
>> And the next aisle is to the east.
Right.
>> Right.
>> At any point were you in that aisle on the eastern side of the of the store on the eastern side of his vehicle, I should say.
>> We object to the video being played because it would help clarify what the testimony.
>> All right. Good. Why don't we play the video?
>> Yeah.
clarify it.
>> Let's play the video. Then we don't have to go through this.
>> This here is my client's vehicle.
>> All right.
>> Right here.
>> You will see the defend the v the complaining witness come up.
>> Well, let me just go back to where he was walking and let's go back. Let's go back.
Let's go back to the place where he was walking. Wherever that was.
>> His car is not there yet. And I think that's important.
>> Okay. Go ahead. Go ahead.
That's your car, right? That is my vehicle.
That's the end here. Okay.
You're asking the wrong guys.
on the Zoom just share option.
I'll just did walk towards the front of his vehicle. He's clear in that video. Did you see that?
>> It's not the front of his vehicle. I'm walking towards the front of the entrance of the car.
>> And then when you walked on the other side, sorry, after you walked towards the front of his vehicle, you came back towards the rear of your vehicle and started walking towards the target. Did you see that in the video?
>> You keep referring to I'm walking towards the front of his vehicle and I was walking towards the front of the target. I just want that clarified ocean in the front of his vehicle in no way, shape or foot.
>> Okay.
>> And then you walk to the other side where his vehicle would be pulling out and going down that driveway. Did you see that in the video?
>> I was walking down the high where he would stop.
>> Yeah.
Did you see that in the video that you walked from this side, the rear of your vehicle to the driveway where his vehicle would be exit? Did you see that?
>> The driveway where his vehicle would have been exiting is the actual interest of the target. I'm not understanding that.
>> Did you see yourself in that driveway?
Yes or no?
>> I was in that driveway. Yes, sir.
>> And you turned around and started taunting my bike. Did you see that in the video?
>> No, sir. There was no taunting. That was me interacting back with him as he was approaching me while yelling out of his window. And after that you came and you blocked my client from leaving.
>> No sir, that is not what happened.
>> Is this video inaccurate sir?
>> What you're saying is >> yes or no. Is this video?
>> This video is not This video This video is clearly showing what actually happened. You're trying to trip me up on it. Thank you.
>> You're welcome.
You had the opportunity at the end to continue to walk towards the target. You stood right there. Is that right? Front of my client's car.
>> No, sir. That is not what happened. I continued to walk towards the front. And when I stopped was cuz a vehicle was approaching me.
>> And let's be clear, at the time that you're saying my client made contact with you, his vehicle was actually stopped before it started going. Isn't that correct?
>> You repeat what you're saying. Not >> my dish client's vehicle was at a standstill.
>> Then not parked. He was not parked. He continued to refresh. He was at a standstill and then he moved around you and that's when you say he hit you.
>> He never moved around you.
>> Okay. Well, let me ask you this. Was he going full force at you?
>> I'm sorry to make this complicated.
>> I know, but this is what I understand.
He had I'd like to make this clear before we go forward. He was there another exit that other direction he could have pulled out from listen >> you don't get to you don't get to ask the lawyer questions wait a minute >> just answer his questions will you please >> no problem >> go ahead >> when you were standing in front of his vehicle his vehicle was stationary >> yes >> on my observation I had no idea if he was parked or as if he was stationary not he was the yes or no I didn't know it >> your honor I would object to at this point he doesn't know he's also testifying to his perception >> his perception being at that point exist that people will stop at this point defense council except that answer and this question has >> I tend to agree with it I'm going to sustain the objection >> but this just didn't respond there response his testimony earlier was >> well just ask your next question and we can go from there >> how fast was he knowing when to hit you Would you say has to do >> well? How does he know how fast it's going?
>> You drive a car, right?
>> I do drive a car.
>> How long have you been driving motor vehicles?
>> I've been driving motor vehicles since I was 18 years old.
>> You think? And you're how old now?
>> I'm 28 years old.
>> And you think that you can tell the difference when somebody's drive traveling 5 miles an hour versus 15 or 20 miles an hour? Would I be able to tell the difference >> from based on your your experience >> from watching? Yes. But as a coach, it's kind of hard to make.
>> Well, then that's your answer. Then if that's the question, >> ask your next question.
>> Do you know how fast he was right?
>> I have no idea.
>> Okay.
>> What is the effect?
>> I can't I can't even answer that. I have no idea. I consider any speed fast enough to ask was fast. I can't I'm on the speedometer.
>> Was he going your experience as a driver?
>> Was he going more or less than 100 miles?
>> Your honor, I would object.
>> We don't need to we don't need to do that.
>> But also the question asked earlier was he doesn't know and I don't know as we know is a perfectly acceptable answer.
If he doesn't know his speed and he can't sit there and turn whether it's fast or not, >> I'm going to give I'm going to give the defense a little bit of layout to Dick to pursue it a little bit more.
>> Just get get to the point.
>> Did you gesture him or motion him to go around you?
>> No, sir.
>> Would you like to see the video again? I would like to see it again, but my hand movements wouldn't necessarily.
>> Yes, sir.
>> Yes or no? Did you gesture?
>> Did you?
>> No, sir. No, sir.
>> Oh, no.
I'll have to close this. I have a human.
>> When he hits your your body with his vehicle, >> he hits you on which side of your body?
>> Again, I cannot necessarily clarify was hit in my body.
>> Let me The way it hit me spit me.
>> That's fine. You know, was it the front of your body or the rear of your body?
>> You know, the difference of my body.
Yes.
So fair to say, you could disagree if you want, but he hit the front of your body. You were facing him.
>> I was facing the vehicle.
>> You were?
>> Yes, sir.
>> Okay.
Why didn't you just walk into the target instead of standing in the middle of the driveway?
>> There was no uh me stopping or Listen, let me let me clarify. I was walking into the target and then I already agreed and told you guys that I interacted back and forth with him as I proceeded to walk towards the target.
There was no intentions to pursue the target.
>> Here's my question. Were you afraid of him?
>> Yes or no?
>> Yes, I was afraid of your client.
>> And you have an exit right behind you right at the entrance of the target. You didn't take it, did you?
>> He had the same exit when he pulled from his part.
>> Sorry, sir. Here was the question.
>> Yes, sir.
>> I know it was a little confident.
You had the opportunity to leave this threatening spot, walk into the target.
>> You didn't do that, did you?
>> No, I didn't have that opportunity. How do I have the opportunity to do that as a vehicle's approaching me? I'm not approaching the >> I don't have the question for you right now.
>> All right.
>> You can just answer the question, sir.
Please.
>> Yes, your honor.
>> Thank you.
>> It's a bit confusing.
>> Wait a minute. questions. Your honor, I'm sorry about that.
Appreciate your patience, your honor.
>> No problem.
>> I ain't to be patient.
>> I appreciate you know sometimes it's hard. Go ahead.
>> Thank you for your patience on this one.
My apologies.
Um just one take your time, sir. Um, after you fell down, didn't you tell my client, "Oh, I'm going to sue you now."
>> Did I say that?
>> Did you say that? Yes or no? Yes or no?
>> Did I say that I was going to sue him after I was hit by a vehicle?
>> Yes.
>> I can't remember. I can't recall. I have no video of me saying that.
>> Okay. Okay. Okay.
>> I'm just asking if he said you asked.
>> No recollection.
>> You answered the question.
And just about that uh was a restorative.
>> Yes, sir.
>> It was a little bit baggy as you saw in the video.
>> Not as baggy as I consider of a cult.
>> You don't have any lower extremity injuries that you know of at this moment?
>> That I know of at this moment? I'm not sure. I'm in pain and my eye is fuzzing.
>> When did this happen?
>> This happened I want to say what did you say? It could be wrong.
>> Then you didn't think it'd be important to go get checked at a doctor.
>> I did go to a doctor and had a checkup and I actually had anxiety medicine prescribed to me due to the situation.
if you have any physical injuries that the doctor told >> there were no extreme physical injuries to have assessed to go to an actual >> and and let's talk about this um this eye injury.
>> Yes, sir.
>> That was not caused by the vehicle.
>> It was caused by the pepper spray.
>> Was the eye injury?
>> Yes, sir.
>> Was the eye injury caused by the vehicle? You want to know?
>> Not sure. Okay. Later, you were sprayed in the eye with pepper spray. Yes.
>> Yes, sir.
>> And that's what you believe caused the eye injury.
>> I'm to believe it was maybe half of what caused it. I have no idea if the impact and caused it. Sir, I have to find that out.
You would agree with me that the contact was incidental from the vehicle to your body, wouldn't you?
>> Can you describe incidental?
>> Well, I'll use your words.
Your words were he brushed past.
You remember saying that?
>> I don't.
>> Earlier today when people was asking for >> he said something like this. He said he's not going to hit me. And then he brushed past me and it was the front driver pedling.
Remember?
>> I remember the me when I had said rush past. I guess I didn't thoroughly explain when you hit somebody in the >> I asked you to thoroughly >> I was hit by a vehicle. Sir, I don't understand why you're asking. You're trying to >> Well, don't don't scold him. Just answer the question.
>> Sorry. I didn't mean to come off that way.
>> Maybe that's the way you come off situation.
>> Council, now that's enough from you.
>> Thank you. Yes, my apologies. Your words were brushed past. I'm trying to figure out the impact of the vehicle on your words fast.
>> I didn't describe that correctly. That was thoroughly enough.
>> Thank you.
>> Nothing.
>> Any be direct?
>> No big questions. Um, Mr. Andron, if you wanted to explain a brush pass.
>> Yeah. See, so when I say brush pass, I mean this the middle. If I was hit direct on impact, middle of the vehicle, I would have said he hit me. When I said brush pass is because in my mind, I'm thinking the way he sides, the way I was hit on my sides, when you hit side of anything, he brush past. So if I didn't put enough detail into the brush path, that's what I meant. I was standing by the front of the vehicle.
>> And then you were asked a lot of questions today. Everything that you answered today, was that based on your perception of the events that took place that day?
>> Yes.
>> Have you seen this video today?
>> No.
>> Okay. And then at some point in your video, you watch it, you've also stated and testified that you turned around while you were heading towards the entrance of leading target and you were also on the side of that vehicle, uh, Mr. Had's vehicle was on. Um, why did you turn around?
>> I could sense that I was being approached as my life sense.
>> And who started the interaction at that point? I'd say >> and what was going on in interction if you remember >> there was fus that and that was exchanging the words.
>> Okay. Even earlier than that um when you pulled into his car he was who initiated that interaction?
>> I'd say him.
>> Okay. And then when we were uh when you testified that you were in front of this vehicle, Mr. Had you. Did you intend to block this vehicle?
>> No ma'am. knows no intentions of blocking his vehicle. As I had said, in that parking lot when he had reversed, there's two exits. There's the one towards the front of the entrance and there is one behind him. He had chose to approach me when he could have took the other exit.
>> Okay.
And I just want to clarify as well stated earlier that you had an eye injury and then you went to the doctor.
>> I was to the doctor but I didn't go to a eye specialist. Yeah, that's that's in the works to get that clarified.
>> Um I still wanted to ask did you at any point you say that you were pepper sprayed? Did you have anything in here again? I had nothing in my hands.
>> No, >> nothing.
>> Well, one thing I did have in my hands was myself. I had my fault in my hands.
I'm sorry about that.
>> Thank you. Any other questions within the scope of redirect?
>> So, how big is that phone?
>> Average size.
>> Do you have a >> I don't bigger or smaller than this iPhone?
Whether I had it or not with me, I don't understand what you're slightly as he said.
>> You said you had a phone. Yes, sir.
>> He held up his phone.
>> That phone is is larger than mine.
>> Thank you.
>> You can step down. Call your next witness.
>> People move to bind over.
>> Yes, sir.
>> You agree this is a fact.
>> Step down to one. It should be.
>> Okay.
think that they had not made out that there was a specific intent belonging his assault for my client to intent to injure or threaten this gentleman. When he stood in front, we still need the specific intent. And if we look at the video at the very end, my client veers his wheel to the right and the the complaining witness kind of stays there but and he gestured actually right before it he gestures it like okay there's the exit. Then my client is turning the vehicle to go around. There was kind of but to that specific element that there was specific intent to injure or put in harm. He can't be the guy putting him in harm because this guy complained with stood in front of him.
But for that injury, he would need a specific intent to injure him when he was trying to individual out. But that's what I would say.
>> Any response?
>> We are honor. And as you can see in the video as well, the defendant's vehicle, the window was rolled down while he's having all these interactions as as testified by Mr. Andronic. None of these interact was started by him. He's simply walking to the front of the entrance.
from this individual, the defendant pulls his vehicle towards him. And at no point should this individual try to get involved around the human when they're walking on top. And again, he's he's the one starting these interactions.
Mr. Androni was turned around listening to these interactions. He's not trying to block the vehicle. And again, even if somebody is standing, >> this case should resolve in my opinion because clearly the the victim, let's just say, helped create the situation.
Nonetheless, this is a fact question.
The video doesn't lie. He ran into him.
It might have been slowly, but it was hard enough where he knocked him down.
He committed an assault with a motor vehicle.
>> There there's a Hang on. There's a fat question on this issue. Just seems you guys should talk about this and resolve it to be honest with you.
>> Well, I would I mean if I kind of ruled if you want to try to talk >> early on I did get permission from my supervisors to uh resolve the case. How was told that it would have to be done with permission witness and so at this point there is already as >> all right June the 9th it will be at 9:00 in the morning court finds probable cause exists and uh like I said I think you should at least think tell them that the judge thinks that maybe they want to consider redo for whatever it's worth. That's it. Thank you very much. June 9th 9:00 bonds continue. Thanks.
>> Have a good day.
>> Just one thing is the bond. Not sure if it makes a difference. He was a Target store.
>> He's not supposed to go to that Target store, but I don't think I don't know if that's >> I don't think that should be a I'm going to continue that. He's still can't go back to that story. Okay. Thank you.
>> Have a good day. Mr. Doc's out there in the defendant on Robert Brrisco.
If you're involved in a dispute with another party such as this and you just can't seem to work it out, don't resort to taking the law into your own hands.
You take him to court.
>> All right. Thank you very much. Officer B's waiting for you and that will bring this case to a conclusion.
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