In criminal trials, eyewitness testimony is a critical component of establishing facts, and witnesses may initially provide uncertain or qualified statements (such as 'I think I saw') that become more detailed after processing the event, which can affect how their credibility is assessed by the court.
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'He Just Shot That Boy': Woman Testifies About Gas Station Owner Shooting Teen BoyAdded:
Take this foot.
>> Yes, Mr. Leaf.
>> Good morning, ma'am. How are you?
>> Good morning, I'm good.
>> I'm good.
Would you mind just telling us where you come >> I'm born and raised here in Columbia. I currently live now in Michigan.
>> What took you to Michigan?
>> Um job-wise.
>> Where do you work?
>> I work with the Department of Veteran Affairs.
>> When did you move to Michigan?
>> I moved to Michigan 2 months ago.
>> 2 months ago?
Where did you live before that, here?
>> I lived here.
>> Where at? The house?
>> I live in apartment complex Brookside Crossing on Parkland.
>> Okay, so pretty close to where all this happened.
>> Yes, sir.
>> And so were you living there on May 28th of 2023?
>> Yes.
>> Okay. Could you walk us through what you were doing that day?
>> Um that day I had family from Michigan in town and we were on our way going out to eat when we saw the incident occur.
>> Who was with you?
>> My aunt from Michigan.
>> Anybody else?
>> No, just me and her.
>> Were you guys driving together or separately?
>> We were driving together. She was driving.
>> She was driving. Okay.
What kind of car were you in?
>> We were in It's a Cadillac SUV, one of those new models.
>> Mhm.
>> It was her vehicle.
>> Do you remember if your windows were up or down?
>> Um they were half cracked.
>> Okay. And were you pulling out of Like where were you pulling out of? What subdivision or neighborhood?
>> Uh we were pulling out of Brookside Crossing. Um leaving out. We were trying to make a right.
>> Yes, ma'am. I'm going to show you what's already in evidence as State's Exhibit 10. You can look at that for a second.
Now, Ms. Broadwater, I am unfortunately lacking in the height department, so even with this great piece of modern technology, I may not be able to point exactly to where I'm indicating, but if you need me to specify, I will let you know, or you let me know.
So, could you tell us roughly where your neighborhood was?
>> Um the neighborhood is right there. That's considered Yes, that's considered at Crossing.
>> Okay. And were pulling out of this area?
>> Yes, we were pulling out, making a right.
>> Okay, so you were coming this way.
>> Yes.
>> All right. And then this is the gas station to the south.
>> Correct.
>> Okay. So, whenever you were pulling out of this way, did anything draw your attention to the right?
>> No, we were just pulling out. When I turned my head to the right, me and my aunt, that's when we saw the incident occur.
>> Okay.
Stephanie, can we do 26? I'm going to show you what's also in evidence, which is 26.
So, this is with what direction is this?
Is this towards where you were coming out of or away?
>> This is towards. So, as you come, this is This would be my right, so it's coming out up there where the tree is at.
>> Okay.
So, you would have been down over here.
Following the photo, right?
>> Correct.
>> Okay. Perfect.
Do 2778.
Is this the same rough >> Correct. Where that truck is at, that's where we were coming out.
>> Okay. Perfect. And you can carefully move What direction is this pointing on Smokey?
>> So, with the car being this way, it would be to my right.
>> Okay, so this would be roughly where you were coming out of?
>> I was on the passenger side, so that's to my right.
>> Okay.
Perfect.
And you said you were on the passenger side?
>> Yes.
>> So, whenever you were coming out, you said you Were you just looking for cars, looking to see if anything was coming so you could pull out?
>> Yes, sir.
>> And whenever you looked to the right, what did you see?
>> When we looked to the right, I see a young man running.
I heard a pop sound.
And my aunt, we we said, "What is that?"
We saw the young man go down to the ground.
And we saw the older man had a gun in his hand pointed in a gun stance.
>> All right. Let's walk through that just a bit slower for the jury. Okay.
So you said you saw a young man running.
Do you remember what he was wearing at all?
>> Yes, he was wearing a red hoodie, black basketball shorts, white long socks.
>> Do you know how close everybody was?
Were they pretty close, pretty far away to each other?
>> They were pretty close.
>> Pretty close. Okay.
So whenever you looked over there, did you see the young man carrying anything?
>> No.
>> Okay. You said you heard a pop. Did you recognize what that sound was?
>> Not at first until I seen him hit the ground.
>> Okay. And when you saw Cyrus hit the ground, what did what did you see anybody else doing at that time?
>> Um it was me and my aunt, we were just staring.
We saw the other guy have had his gun pointed still.
And I believe his son was running behind him. He had came to a stop as well.
>> You said the guy was holding the gun. Do you know who that man was?
>> Uh the store owner of the Shell gas station.
>> Okay. The old man sitting over at that table?
>> Yes.
>> Okay.
Compared to Cyrus, how big were Mr. Shaw and his son?
Big, bigger, smaller, same?
>> Mr. Shaw, he's pretty small and he kind of got a little weight on him.
>> Okay.
So after you realized that a shot had happened, what did you guys do?
>> We stopped. My aunt said, "Jaz, he just shot that boy. You need to call the police. We're both about to call them."
So we both pulled out our cell phones.
We called. My aunt said, "I just want to make sure we're seeing what we see." So we drove out real slow.
And we still [clears throat] seen Cyrus on the ground. Look like he was trying to push himself up like how somebody's doing push-ups where they're shaking really bad and he propped back down on the ground. Started banging on the ground like he in pain.
>> So at that point were you still sitting at at this intersection that we have right up here or were you moving?
>> Moving real slow cuz we wanted to make sure we saw everything and that's when I got on the phone with 911 and explained to them like, "Hey, we just saw the gas station owner shoot a young boy."
And then my aunt, she said we need to get out of here. So we drove up to an empty parking lot near where the old Columbia Mall is at.
And 911 had me on hold for a long time, so we hung up and we called again.
>> Whenever you were driving by, did you see from Mr. Shaver's son doing anything?
>> He was standing with his hands on his hips like he was trying to catch his breath.
>> Okay.
Now you said you you drove past this incident location and you you parked somewhere where a mall you said?
>> Yes, so it's further up the street.
>> Okay.
>> So once we drove out, we went further up passing the gas station, making a right and going to an empty parking lot.
>> Okay. And when you parked there, did you call 911 again?
>> Yes, because they had me on hold.
>> And whenever after you talked to 911, where did you guys go?
>> Me and my aunt, we went to go get something to eat cuz that was our plan. That's why we were leaving the neighborhood. We wanted to go get something to eat. We ate. By the time we came back, it was dark outside.
My aunt said, "Hopefully everything is fine by the time we come back." But by the time we turned down to where my neighborhood was at, the street was blacked out and we saw nothing but blue police lights.
>> When did you talk to law enforcement about what you saw?
>> Once I had my aunt go back into my apartment, I told her I'll be back. I need to go speak to somebody let them know what I saw.
When I went out of the neighborhood, it was kind of hard to come out and I saw a police officer. I said, "Hey, what happened to the young man that was here?
I seen the incident that happened." He asked me, did you see what happened? I said yes. And he said okay, did you file a report? I said no, not yet. I'm just letting you know what I saw. And he said okay, somebody will get in contact with you.
>> Okay. Did you talk to law enforcement the next day then?
>> I did.
>> Court is adjourned.
>> Yes, sir.
>> [snorts] >> Just two more questions for you, ma'am.
Um, whenever you were calling out who did you see holding a gun?
>> Mr. Ray.
>> Did you see Silas holding anything?
>> No.
>> No further questions. You are now free to answer any questions of >> the defense.
>> Yeah.
>> Yes, sir.
>> Thank you, ma'am.
Ms. Brown, let me tell you how are you?
>> I'm doing yourself?
>> We got to get some pleasantries. The two of us have never met. Is that a fair statement?
>> That is correct.
>> Madam court reporter next to you is taking down every word that you're saying. I always go through this with everybody. And she can't take down head nods and shakes and things of that nature. Do you understand that?
>> I understand.
>> Two, she can't take down that the two of us are talking one over one another. So, if you'll give me the opportunity to ask my question, I promise you I'll give you the opportunity to answer. Is that fair?
>> I understand.
>> Um and finally, sometimes I've been told known to speak way too fast. And if I speak too fast and you cannot understand my question, if you ask me to repeat it, I promise you I will.
>> Okay.
>> Is that fair?
>> That's fair.
>> Okay. So, I want to make sure I get a little background. What part of Michigan? I went to law school in Michigan. So, what part of Michigan?
>> I currently live in Clinton Township.
>> How long did it take you to get here?
Did you drive or fly?
>> I drove.
>> Okay, that's I've done that drive. It is not an enjoyable drive whatsoever.
>> No.
>> I know it's not. What is that? 15 hours?
>> 10.
>> Did you make it in less than 10? Or did you go the speed limit the whole way?
>> Whole way.
>> [laughter and clears throat] >> Whole way.
>> Jasmine, I really don't have a lot of questions for you. I really want to talk about everything that happened that day.
Do you understand?
>> I understand.
>> And if I'm not mistaken, and you feel free to correct me where I'm wrong, this was definitely an emotional situation.
>> Mhm.
>> Is that Remember that?
>> Yes.
>> Yes, I'm sorry.
>> Uh and if I'm going through your testimony correctly, the first thing you did was call 911.
>> That is correct.
>> I mean, that's when your emotions were still going high and heavy. Do you remember that call to 911?
>> Correct. Yes.
>> And you talked to the 911 operator?
>> Yes.
>> Do you remember your conversation with the 911 operator?
>> Yes.
>> And that was as close to the time as possible. Is that correct? Do you mind if I call you Jasmine?
>> That's fine.
>> Okay. And that was close to the time as possible, correct, Jasmine?
>> Correct.
>> And when you were talking to the 911 operator, do you remember specifically telling you did not actually see the shooting?
>> I said in my 911 call I said I think I saw it, and then I My aunt was behind me as you can hear in the 911 call. She said, "No, Jasmine, he did shoot that boy." And I said, "Yes, he did."
>> Okay. And I want to go through some of that and I'm not trying to trap you. I want to make sure I understand. And I think that is exactly what I heard on the 911.
But when you were talking to the 911 operator, you initially said, "I didn't see anything."
Correct?
>> No, I said I think I saw.
>> You think you saw. You were not positive when you talked to him.
>> Correct. Because my emotions were gone.
>> Fresh to the incident as possible, close to possible, emotional situation.
>> Correct.
>> And then you utter what you remember to the 911 operator. Fair?
>> Correct.
>> And then you said, "I think I saw." Is that what you just said?
>> Yes.
>> And then somebody in the car told you you actually did see. Is that what your testimony just was?
>> Yes.
>> Okay.
>> And a lot of that 911 call and that you had after you heard the 911 call.
>> Correct.
>> Okay. And so I'm not tricking you or anything. So I'm going to ask you a question.
And you would you agree with me a lot of that 911 call with things like you just said, I think I saw this may have happened. It was stuff like that. I think they call it a qualification. Do you agree with that?
>> Agreed.
>> Okay.
And then when the dispatched officer dispatched whatever they call those 911 officers, they asked you a question.
Did you see him shoot shoot the boy or did you just hear the gun go off? And your response was, we just heard the gun go off and then we happened to see the owner at pointing the gun at the boy while he was on the ground. Do you remember that?
>> Correct.
>> Okay. And so what you're telling me that and I think you had described maybe you thought they might have been fireworks because you weren't sure what they were.
Does that sound sound about right?
>> Correct.
>> And then later I think you gave two different statement. I don't want to say different because it sounds like I'm repeating. You gave two additional statements.
Is that a >> That's correct. Yes.
>> So that's a yes. You gave two additional statements.
>> Yes.
>> And each statement after that first 911 call, would you agree got a little more detailed?
>> Yes.
>> Okay.
And this was after you had met with law enforcement.
>> The next day. That's when I met with law enforcement.
>> Okay.
And I want to make sure I understand you also testified, I'm sorry, you also gave the law enforcement or one of these interviews that you gave, you specifically saw Mr. Chow toss the gun away.
>> I'm not sure if it was a gun.
I remember when my My and I we were driving slowly away.
>> Yes, ma'am.
>> Mr. Child still had his gun pointed at him while Cyrus was on the ground.
He still had his gun in his left hand.
He squatted down. He grabbed something off the ground, tossed it, and then put his right hand back on the gun still pointed at Cyrus as he was on the ground.
>> I said to repeat my question. You saw him toss something away, but you're not sure what it >> Not sure what it was.
>> You don't remember if you told 911 or one of the other subsequent interviews that may have been a firearm?
>> No.
>> Okay. And I'm not saying you did. I'm just asking the question. Do you understand? I'm not trying to trick you or anything like that, Jasmine.
And Jasmine, do you remember doing or giving a diagram to law enforcement about where you saw the bodies?
>> Correct.
>> And they went through and you gave a identification where you saw everybody on the scene.
>> Yes, that's correct.
>> And you may or may not know and don't answer the question if you do not know.
Are you aware that the diagram and the identifications of where you put the bodies would have been after the shooting occurred?
>> Yes.
>> Okay.
Which would have been consistent with you shoot seeing the end of the shooting and maybe not the beginning or during?
>> No.
>> Okay.
And possibly going in conjunction with your 911 call, which you originally told the 91 operator that you did not see the actual shooting and maybe you just saw the after aftermath of what happened.
>> So, I want to make sure I answer this correctly.
>> Yeah, but That was a Do you remember those long questions I told you about today?
>> Yeah. I want to make sure I answer this correctly.
>> time, please.
>> So, as I stated, when I turned my head to the right, >> Yes, ma'am.
>> we heard a pop. Me and my aunt said, "What is that?" We saw Cyrus go down.
That's when I seen Mr. Rich had his gun pointed.
And that's when my aunt said, "He just shot that boy. We need to call 911." And we both called 911.
That's when my aunt took her time to drive out slow to make sure that we saw everything.
And we as I stated, he still had his gun pointed in the back of Cyrus.
>> I think you answered my question absolutely perfectly. Thank you so much and I'm sorry Are you going back to that?
>> Yes.
>> Right after this?
>> Mhm.
>> I pray for you. Drive safely. Take care.
Thank you so much, Daphne. I appreciate you.
>> Thank you.
>> You're free to go. You can drive.
>> Question for the judge.
No further questions, John.
>> Very good, Mr. Crawford. You can step down. Thank you for being here.
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