Prosecutor Grills Gas Station Owner's Son Over Shooting Victim Having Gun

[00:00:00]Mr. President, John, Mr. Scott, Mr. Child, you were 23 years old, correct?

[00:00:07]>> Uh, yes, sir.

[00:00:07]>> In 2023, you were 20 years old, correct?

[00:00:10]>> Yes, sir.

[00:00:11]>> And at the time, you were a student at USC. Is that true?

[00:00:14]>> Yes, sir.

[00:00:14]>> And you had already graduated Hammond Academy, correct?

[00:00:18]>> Yes, sir.

[00:00:19]>> Okay.

[00:00:21]>> Uh, if I ask any questions that you need me to repeat, I'm happy to do.

[00:00:24]>> Okay.

[00:00:24]>> You had graduated Hammond at the time?

[00:00:26]>> Yes, sir.

[00:00:26]>> And that is a private school here in Colombia, correct? Yes, sir.

[00:00:29]>> And you swam on the swim team, correct?

[00:00:31]>> Yes, sir.

[00:00:32]>> Did you get any college scholarships?

[00:00:34]>> No, sir.

[00:00:34]>> You were 5' 11", 200 lb at the time, correct?

[00:00:37]>> Uh, around that.

[00:00:40]>> Yeah. Have you mentioned before under oath that at the time you were 5'11, 200 lb?

[00:00:45]>> Yes, sir.

[00:00:45]>> Okay. Uh, how much do you weigh now?

[00:00:48]>> Um, 185.

[00:00:51]>> Okay. So, you were significantly bigger at the time.

[00:00:54]>> Significantly.

[00:00:55]>> 15 pounds bigger.

[00:00:57]>> Uh, yes. Okay. Uh, at the time you were working at your parents, uh, Sher Gas Station at 7441 Park Lane Road, correct?

[00:01:05]>> Yes, sir.

[00:01:05]>> And they had owned that store about 10 to 12 years at that time?

[00:01:08]>> Yes, sir.

[00:01:09]>> Okay. How long did you work there?

[00:01:11]>> Um, well, I came to help uh for I guess since we opened.

[00:01:20]>> You were familiar with the stores. Is that true?

[00:01:22]>> Uh, yes sir.

[00:01:24]>> Okay. And uh had you become aware of the crime of shoplifting in your time working in the store and being around the store?

[00:01:32]>> Uh yes, sir.

[00:01:34]>> All right. What is shoplifting?

[00:01:36]>> Uh someone stole something.

[00:01:38]>> Okay. And that happened more than once in the 10 to 12 years your parents had owned the store as of 2023.

[00:01:45]>> Uh yes sir.

[00:01:46]>> Okay. Had you developed a policy or had your parents developed a policy in dealing with shockers?

[00:01:54]Yes, sir.

[00:01:55]>> Okay. In 2023, uh, you were studying computer information systems. Isn't that true?

[00:02:01]>> Yes, sir.

[00:02:02]>> And your father was familiar with computers and computer technology as well. Isn't that true?

[00:02:07]>> Yes, sir.

[00:02:07]>> He had actually taught small college as far as uh lessons in computers, correct?

[00:02:12]>> Yes, sir.

[00:02:13]>> Isn't it true? Computers can do amazing things.

[00:02:16]>> Yes, sir.

[00:02:16]>> Okay. They can um help with DNA extraction and going through millions of propositions. Isn't that correct?

[00:02:25]>> Yes, sir.

[00:02:26]>> Okay. Um they're able to um synthesize uh surveillance systems and um produce high quality videos. Isn't that correct?

[00:02:37]>> Uh they can.

[00:02:38]>> Okay. And you you yourself and your parents at the Shell gas station at 7441 Parkland Road had a very sophisticated surveillance system. Isn't that true?

[00:02:47]>> Uh, yes sir.

[00:02:48]>> Okay. And you were able to identify shoplifterss with that system, were you not?

[00:02:53]>> Yes, sir.

[00:02:54]>> Okay. And you had a wall of shame above the cash register. Isn't that true?

[00:02:59]>> Yes, sir.

[00:02:59]>> What is the wall of shame?

[00:03:02]>> Um, there's pictures and descriptions of um past uh shoplifterss.

[00:03:09]>> Okay.

[00:03:15]States 44. Stephanie, >> do you recognize the wall of shame in states 44?

[00:03:19]>> Uh, yes, sir.

[00:03:39]Andy, while she pulls it up, what is the purpose of the wall of showing?

[00:03:44]>> Um, to show who and what they stole.

[00:03:50]>> Okay. What is the purpose of showing who and what stole or who stole and what they stole?

[00:03:58]uh to show other customers.

[00:04:02]>> Okay. And to show law enforcement?

[00:04:04]>> Um they can if they come in.

[00:04:07]>> Okay. And if somebody steals and makes your wall of shame and they come back in, are you able to identify them?

[00:04:14]>> Uh me, myself, or >> anyone? Why would you have the wall of shame? Why would you have a picture of the shoplifter up?

[00:04:24]>> It's to identify him, right? Uh, it can be.

[00:04:28]>> So, if you recognize somebody who's on the wall of shame and they come back in, what do you do?

[00:04:32]>> Um, what I would do would be >> what is the store policy at 7441 Park Lane Road, Shell Gas Station in 2023?

[00:04:43]What is the policy when somebody who's on the wall of shame comes back in the store?

[00:04:47]>> Um, I would ask him to uh to leave.

[00:04:54]>> Okay. Now, uh, you see all the people on the wall of shame in 2023?

[00:04:59]>> Oh, yes, sir.

[00:05:00]>> Okay. How many of those people did you chase?

[00:05:03]>> Did I chase?

[00:05:04]>> Yeah.

[00:05:04]>> I none of them.

[00:05:05]>> Okay. Um, you don't remember chasing any of those people that sold?

[00:05:10]>> I did not chase anyone.

[00:05:12]>> Okay. Uh, I see a number of other pictures here of people. Do you see the lotto tickets right there? And I don't know. Stephanie, can you zoom in on this?

[00:05:24]What's that guy? What's he doing there?

[00:05:26]Right there up under the monitor with the cash register. Um, probably the same thing as the the same as the other pictures.

[00:05:37]>> Okay. Stephanie, can you zoom out, please?

[00:05:42]Scroll over to the You see the clock on the wall there?

[00:05:49]Zoom in up under that camera.

[00:05:52]You see that, Andy? Who what are these people?

[00:05:55]>> Uh, it' be the same thing.

[00:05:58]>> What? What's the same thing >> as the the other pictures?

[00:06:02]>> Okay. So, you agree with me that you have a sophisticated surveillance system in there that is capable of generating high quality pictures of people you suspect committing a crime. Correct.

[00:06:15]>> You want me to ask that?

[00:06:16]>> To to me, it wouldn't be the highest. It wouldn't be high quality, but it's enough to see their face.

[00:06:24]>> You don't consider these videos we've been watching high quality.

[00:06:28]>> Um, it can be higher.

[00:06:32]>> Okay. Well, maybe not movie quality, >> but you can see their face.

[00:06:36]>> Okay.

[00:06:38]And there's nothing to stop you guys from taking these pictures and sending them into law enforcement.

[00:06:45]Correct. There's nothing to stop you from doing that, is there? No, sir.

[00:06:49]>> Okay. And uh you certainly knew how to use 911, right?

[00:06:52]>> Yes, sir.

[00:06:53]>> Okay. And um you've done it in the past, correct?

[00:06:56]>> I have not.

[00:07:00]>> I could have sworn when your lawyer was up here, you were talking about a 911 call. I could have sworn I heard your voice on a 911 call. Did I imagine that?

[00:07:08]>> I thought you meant before that.

[00:07:10]>> You've used 911 before.

[00:07:12]>> Yes, sir.

[00:07:13]>> And you use 911 to get law enforcement involved, correct?

[00:07:16]>> Yes, sir. And you use 911 when you see something illegal going on. Correct.

[00:07:21]>> Uh yes, sir.

[00:07:22]>> Okay. And you use 911 to get law enforcement who's paid to do their job to come help. Correct.

[00:07:29]>> Yes, sir.

[00:07:30]>> Okay. So, you know how to use it?

[00:07:31]>> Yes, sir.

[00:07:32]>> How do you use 911?

[00:07:34]>> You dial 911.

[00:07:36]>> Very easy, right?

[00:07:37]>> Yes, sir.

[00:07:37]>> Okay. You have a phone, correct?

[00:07:39]>> Yes, sir.

[00:07:39]>> All right. Now, in 2023, you were working behind the cash register, correct?

[00:07:45]>> Yes, sir. And the cash register is raised up a little bit higher than the rest of the fort, correct?

[00:07:49]>> Yes, sir. And >> you got a pretty good view of the fort and the surrounding, correct?

[00:07:54]>> Uh, yes, sir.

[00:07:55]>> State 68, please.

[00:08:01]Who is that uh fell right there with the hat on backwards in the North Face pullover?

[00:08:07]>> It's me.

[00:08:07]>> Okay. And uh what are you looking at?

[00:08:10]>> Uh the young man.

[00:08:12]>> Okay. Uh, I'm just looking to You see right over there to your left there?

[00:08:19]There's another picture of some other people on the uh, isn't that some more people right there that you got pictures of? Right.

[00:08:33]>> I'm even looking right here. Andy, you see these people here? What did they do?

[00:08:36]Or did they shop left or why would you have pictures of some people back here?

[00:08:41]>> I'm not sure.

[00:08:42]>> Okay. Okay. But you have pictures of customers behind the counter, too.

[00:08:45]>> Uh, we did.

[00:08:47]>> Okay. And Andy, look right here. There's some more people right here that you got pictures of, >> right?

[00:08:54]>> Yes, sir.

[00:08:55]>> Tell me about this gadget right here.

[00:08:57]This tablet to your right. What is that?

[00:09:00]>> It's um, it shows if a person who is in the system.

[00:09:08]>> What? Tell me about a person in the system.

[00:09:11]So they need to be entered.

[00:09:15]>> Explain. Explain what you're talk what you're talking about. Use your words.

[00:09:18]>> Okay. Um, so all I know is that their picture needs to be entered into it.

[00:09:24]>> Whose picture?

[00:09:25]>> A anyone. It can be.

[00:09:28]>> If I just went and pumped gas there, you put my face in the system.

[00:09:31]>> No, sir.

[00:09:32]>> Whose face do you put in the system?

[00:09:34]>> Uh, there are employees. My face is in there. There are shoplifterss.

[00:09:40]>> Okay. Tell me more about that. Tell me more about the shoplifters that you enter into your system and then you you have access to them from that tablet.

[00:09:48]Tell me how that works.

[00:09:49]>> Um so if they are in the system they uh and they come into the store, >> right?

[00:09:55]>> Then they will pop up on that tablet.

[00:10:00]>> Really?

[00:10:01]>> Yes sir.

[00:10:02]>> Okay. So you you have facial recognition technology at 7441 Parkland, the Shell Station, your family, correct?

[00:10:11]>> Yes, sir.

[00:10:12]>> And that is rather sophisticated equipment, correct?

[00:10:15]>> Oh, yes, sir.

[00:10:16]>> Okay. So, any of these people who have shoplifted in the past, committed the crime of shoplifting?

[00:10:22]If you review your camera, go back and you realize the snicker bar is gone because it's missing from inventory, right? You can go back and review the camera and you can say, "Aha, this person stole the Snickers, right?"

[00:10:36]>> You could. Yes, sir.

[00:10:37]>> You could do that. How many different camera angles you got in that store? Do you even know?

[00:10:41]>> I would You would agree with me. That's a lot.

[00:10:45]>> There are. Yes, sir.

[00:10:45]>> Over 20. Correct.

[00:10:50]>> Yes, sir.

[00:10:51]>> Okay. So, you can get multiple different angles of the person's face. Correct.

[00:10:55]>> Yes, sir. Most likely you can see what kind of shoes they're wearing.

[00:10:58]>> Yes, sir.

[00:10:59]>> You could probably identify what kind of shorts or pants or dress they had on.

[00:11:03]Correct.

[00:11:03]>> Yes, sir.

[00:11:04]>> You could identify the top they had on.

[00:11:06]Correct.

[00:11:06]>> Yes, sir.

[00:11:07]>> And then you can even zoom in to like look at different graphics on the shirt or whatever they have. Correct.

[00:11:12]>> Yes, sir.

[00:11:13]>> You can look for different identifying characteristics of the clothing they're wearing.

[00:11:16]>> Yes, sir.

[00:11:17]>> You can zoom in on their face. Correct.

[00:11:19]>> Uh, yes, sir.

[00:11:20]>> And then you could put it in the facial recognition technology. Correct.

[00:11:23]>> Yes, sir. And then if they ever came back in, you would get an alert, correct?

[00:11:27]>> Yes, sir.

[00:11:28]>> Okay.

[00:11:30]>> You could do all these things with the technology they had at 7441 Park Lane, could you not?

[00:11:36]>> Uh, you could.

[00:11:37]>> Okay.

[00:11:39]Now, uh, you have been trained, you have gone to school, um, and been trained and your father has to identify shoplifters, have you not?

[00:11:53]trained to identify them?

[00:11:54]>> Yeah.

[00:11:55]>> Uh I had not I was not trained.

[00:11:58]>> You weren't?

[00:12:00]>> No, sir.

[00:12:01]>> But you know how to identify them, correct?

[00:12:03]>> Uh if they're acting weird to me, that is >> what is acting weird to you?

[00:12:12]>> If they keep looking up at me.

[00:12:15]>> Okay. um they keep uh walking around the store wandering around and uh if they keep you know checking their pocket or something all those combined.

[00:12:28]>> I'm even thinking about times I've gone into a store and left my wallet in the car, walk around for a minute and then I walk out. Would you put me in your um database if I did that?

[00:12:42]>> Uh I would not. Would you consider me weird?

[00:12:45]>> No, sir.

[00:12:47]>> What if I had my hands in my pockets?

[00:12:49]I'm dressed like I am now. And I walked around and looked around and I couldn't find what I was looking for. So then I just walked out. Did you tell me in my pockets?

[00:12:59]>> Um, no, sir.

[00:13:03]>> Why?

[00:13:04]>> You didn't touch anything.

[00:13:06]>> Okay. But I have my hands in my pockets.

[00:13:08]I'm looking up at you. I'm looking down.

[00:13:11]Let's say I did. Let's say I took some waters out and I put them back.

[00:13:15]Would you chase me?

[00:13:16]>> Uh would it would depend if uh I could see what you were doing. If I couldn't see, then I wouldn't know what you were doing.

[00:13:26]>> You could see what Syrus was doing, could you not?

[00:13:28]>> Not completely. No, sir.

[00:13:30]>> So, you weren't sure?

[00:13:33]You weren't sure.

[00:13:35]>> Uh I believed he had pocketed something.

[00:13:40]>> You believed he had. Yes, sir.

[00:13:42]>> Okay. Why did you believe that?

[00:13:44]>> Because of the things that happened in the store.

[00:13:46]>> Okay.

[00:13:48]>> So, he had his hands in his pockets.

[00:13:50]>> Yes, sir.

[00:13:51]>> Okay.

[00:13:53]Testified you watched him when he walked in.

[00:13:56]>> Uh, I saw him walk in.

[00:13:58]>> Yeah. So, he put his backpack down.

[00:14:00]>> Yes, sir.

[00:14:01]>> Correct. And then, um, the defense offered defense six and you said, "Yeah, that's how he looked when he came in."

[00:14:07]>> Yes, sir.

[00:14:08]>> Okay.

[00:14:09]If he had a bulge in his pocket when he came in, why would he have a bulge in his pocket when he left? This is your exhibit.

[00:14:16]>> Well, I was mainly just seeing him put the backpack on the >> under direct. You told the lawyer that this is how he looked and this is what you saw when he came in the store.

[00:14:30]>> Uh, yes.

[00:14:31]>> He clearly has a bulge in his pocket when he comes in the store. Why would he have a bulge in his pocket when he left the store?

[00:14:38]I was not focused on the bulge when he came in.

[00:14:43]>> You just testified that this is what he looked like and this is what his pocket looked like when he came in.

[00:14:49]>> Uh looking at the picture. Yes, sir.

[00:14:52]>> You identified this as being him, how he looked when he came in.

[00:14:57]>> Uh yes, sir.

[00:14:59]>> Okay.

[00:15:00]If I ask you again, if he had a bulge in his pocket when he came in, why would you harass him and say he's got a bulge in his pocket when he left? You see what I'm saying?

[00:15:09]>> I did not notice the bulge when he came in that day.

[00:15:16]>> Okay.

[00:15:19]Then you talked about Yeah. This is the bulge I saw that he had in his pocket. This is your exhibit that you just introduced through the lawyer.

[00:15:29]This is >> in the picture I see in the picture I see the bulge.

[00:15:33]>> Okay.

[00:15:34]>> You see any water bottles in this pocket?

[00:15:36]>> Uh I cannot see in the pocket.

[00:15:39]>> Why you identified something black in a bulge in his pocket?

[00:15:44]>> See that?

[00:15:45]>> I I did.

[00:15:47]>> The reason this is an evidence is cuz you identified it through your lawyer.

[00:15:51]>> You don't recognize this from 10 minutes ago.

[00:15:54]>> I mean I see like the shadow of the pocket. Yes, sir. Do you see a water bottle in his pocket?

[00:16:00]>> I cannot see into his pocket.

[00:16:01]>> What do you see in his pocket there?

[00:16:04]>> I I >> All right.

[00:16:05]>> Sorry.

[00:16:05]>> Can we do There's clearly something black in his pocket in the picture. States number five.

[00:16:26]I'm going to disappoint you. Do you not see something black in his pocket?

[00:16:30]>> To me, I just thought that was just the shadow of the pocket.

[00:16:33]>> Does it look like a water bottle to you?

[00:16:36]>> Does not.

[00:16:37]>> Okay. All right. With all the surveillance systems they have at 7441 Parkland and all the technology and facial recognition. Okay.

[00:16:51]Couldn't we have hung this 14year-old boy's picture up on the wall of shame?

[00:17:05]>> Couldn't we have done that?

[00:17:06]>> Well, you could have put his picture.

[00:17:08]>> Yeah. On the wall of shame with all those other people, right?

[00:17:12]>> Uh, >> couldn't we have done that?

[00:17:13]>> We You could have >> What would have stopped you from doing it?

[00:17:17]>> Uh, nothing.

[00:17:19]>> Nothing.

[00:17:20]Okay.

[00:17:22]Is there anything that would have stopped us from going back and printing all these pictures up of the boy with the white Air Force Ones, the black Nike joggers, the red child's play hoodie?

[00:17:38]He never covered his face, did he?

[00:17:41]>> He did not.

[00:17:41]>> He never put the hoodie on, did he?

[00:17:43]>> He did not. Uh, we've got hundreds of steel shots we could provide to law enforcement. Could we not?

[00:17:50]>> Uh, could you you could >> you could Is there anything that stopped you guys from doing that?

[00:17:55]>> No, sir.

[00:17:56]>> Okay. And how long does it take to call 911? How I mean, how many seconds does it take, you think, for you to hit three buttons on your cell phone?

[00:18:04]>> Um, a second.

[00:18:08]>> One second.

[00:18:10]Is there anything that stopped you on that day from using one second of your time to dial 911?

[00:18:18]>> Uh, nothing stopped me.

[00:18:22]>> No. And you know how to use 911 cuz you've used it before, correct?

[00:18:25]>> Yes, sir.

[00:18:26]>> You used it on that day, correct?

[00:18:27]>> Uh, yes, sir.

[00:18:28]>> Nothing stopped you from using it.

[00:18:30]>> Uh, no, sir.

[00:18:31]>> And you certainly have a cell phone that's capable of connecting to 911, correct?

[00:18:35]>> Yes, sir.

[00:18:36]>> Okay.

[00:18:38]But we didn't do any of that on this particular day, did we?

[00:18:42]>> Um, not until after.

[00:18:45]>> Yeah, it's a little late after, right?

[00:18:49]>> Um, Andy, think about it. I'm asking you.

[00:18:58]Could we not, if we suspect this 14y old, how many wives did you think we took?

[00:19:06]I'm not sure.

[00:19:07]>> How many do you think you took?

[00:19:09]>> Maybe just one.

[00:19:10]>> One. How much in the year 2023 does a bottle of water cost at 7441 Parkland Road in Richland County at the Shell Gas Station operated by the Child Family?

[00:19:21]How much does one bottle of water cost?

[00:19:24]>> I'm not sure.

[00:19:26]>> You don't remember how much they cost?

[00:19:29]>> You work the cash register, right?

[00:19:30]>> Uh I did.

[00:19:31]>> Okay. 98 cents sound about right. Uh, >> let's just round it up to a dollar.

[00:19:37]Dollar sound right?

[00:19:37]>> Yes, sir.

[00:20:16]think you took $1 worth of merchandise from your store?

[00:20:21]>> I did think that. Yes, sir.

[00:20:22]>> And you were certainly >> uh I believed he had taken it. Yes, sir.

[00:20:28]>> You were strongly believed enough where you uh left your counter. You left the cash register and ran after you, correct?

[00:20:35]>> Yes, sir.

[00:20:36]>> You yelled at him. You soft spoken the day, right?

[00:20:39]>> Uh, yes, sir.

[00:20:40]>> You weren't soft spoken on that particular day, were you?

[00:20:44]>> Well, I I just called out to him.

[00:20:46]>> Okay. You used your voice, right? You weren't >> I'm >> It's not difficult to hear your voice in those videos, is it?

[00:20:54]>> Uh, no, sir.

[00:20:55]>> Okay. Um, your dad, he ran with you, correct? Uh, he was behind me.

[00:21:03]>> He ran with you, correct?

[00:21:05]>> I would not I I didn't know what he was doing behind me.

[00:21:09]>> He ran with you, correct?

[00:21:10]>> You know, I asked the answer.

[00:21:14]>> He ran with you. Correct.

[00:21:18]>> Uh, watching the video, I saw him behind running behind me.

[00:21:21]>> He ran with you. Correct.

[00:21:24]>> Has to answer this. He doesn't like to answer.

[00:21:28]>> Fourth time. Sorry.

[00:21:31]>> Go ahead.

[00:21:31]>> He ran with you, correct?

[00:21:33]>> Uh, yes, sir. Watching the video, I saw him running behind me.

[00:21:37]>> Okay. And you're taught to obey your father, correct?

[00:21:44]>> Uh, yes, sir.

[00:21:47]>> You understand my question?

[00:21:48]>> As in just like >> Were you taught to obey your father?

[00:21:53]>> Uh, yes, sir.

[00:21:55]>> You were not taught to disobey your father, were you?

[00:21:57]>> Uh, no sir.

[00:21:58]>> Okay. So when he yelled to you, "Andy, stop. Do not do this." You listened to him, didn't you?

[00:22:05]>> Uh, yes, sir.

[00:22:06]>> Huh?

[00:22:07]>> Yes, sir.

[00:22:08]>> So, when he yelled that that day, you stopped, didn't you?

[00:22:12]>> When?

[00:22:18]>> May 28th, 2023.

[00:22:22]That's That's what we're talking about here today.

[00:22:24]>> You remember May 28th to 2023?

[00:22:26]>> Yes, sir. You remember when y'all ran out the door after that 14-year-old boy?

[00:22:31]>> I I walked out the door.

[00:22:33]>> Okay. We'll watch a video here in a second. But you remember when you exited the store with your father after the 14-year-old boy?

[00:22:39]>> Uh yes, sir.

[00:22:40]>> Okay. And you remember right then when your dad said, "Stop.

[00:22:44]Stop. Andy, let's stop right here." You remember when he said that?

[00:22:48]>> No, sir.

[00:22:48]>> Cuz he didn't, right?

[00:22:50]>> He did not.

[00:22:50]>> He didn't say that.

[00:22:51]>> No, sir.

[00:22:52]>> And if he had, you would have obeyed him cuz you obey your father, right? I would have stopped.

[00:22:58]>> But you guys continued running along >> up spring. Correct.

[00:23:04]>> Um, >> well, so I saw him.

[00:23:09]>> Wait, wait. Okay. Well, if you need to explain the question, I'm just asking you continue to run up spring towards >> after he started running. Yes, I ran after.

[00:23:20]>> When did he start running? Um, so I had gone to the count the corner of the store >> and I hear my dad come up behind me and call out, "Hey, >> right."

[00:23:32]>> And then I see him, the young man, he turned and then turned back around immediately and started sprinting down.

[00:23:39]>> Okay.

[00:23:39]>> And so that's when I started to run.

[00:23:42]>> Okay. So that that was after y'all went around the corner. Let's see. I kind of slow down at the corner just >> Stephanie. Can I have stage 16 to clip or clip 16 and stage number four?

[00:24:27]This is the young man that you were talking about, correct? The red shirt.

[00:24:30]>> Yes, sir.

[00:24:31]>> Okay.

[00:24:37]>> That's you watching him, correct?

[00:24:39]>> Oh, yes, sir. There's your father already making his way towards the front door. Correct.

[00:24:45]>> Yes, sir.

[00:24:49]>> Okay. And your mother left, too.

[00:24:51]Correct.

[00:24:53]>> Uh in the video. Yes, sir.

[00:24:56]>> Okay. Who's manning the cash register right there?

[00:25:01]>> No one.

[00:25:01]>> All right. Who's this gentleman?

[00:25:04]>> A customer.

[00:25:05]>> Okay. Uh, is it common for the whole child family to leave the gas station for customers inside the store?

[00:25:14]>> Well, I'm not I wasn't completely sure what my parents were doing, but I exited the store.

[00:25:19]>> Everyone left over $1 of water. Correct.

[00:25:26]>> I I I left because I thought you stole something.

[00:25:29]>> Okay. And your dad, as you saw, was right on your heels, right?

[00:25:33]rerun it >> in the video.

[00:25:36]>> Your is your monitor working right now?

[00:25:38]Yes, sir.

[00:25:38]>> Okay.

[00:25:39]>> All right. Press play.

[00:26:17]Okay. You guys are right together, are you not?

[00:26:21]>> Uh, yes, sir.

[00:26:23]>> I see that. I see that. Yes, sir.

[00:26:26]>> Yes. Is that yes or no?

[00:26:27]>> Yes. Yes, sir.

[00:26:28]>> Okay. Thank you. Thank you.

[00:26:30]Uh Stephanie, can I have clip 20 from slide four? And tell me uh before we watch this, tell me what you said you just walked out of the gas station. Is that what you you said earlier?

[00:26:41]>> Yes, sir. I walked out.

[00:26:43]>> You just walked >> and then I walked to the count corner.

[00:26:45]>> All right. How would you describe what Cyrus Carmarmac did when he walked out?

[00:26:50]Was he walking or was he running? When he when he left the gas station >> out the door, he was walking >> rather casually, was he not? Uh, you could say that.

[00:27:01]>> Okay. Was he looking over his shoulder or anything like that or >> No, sir.

[00:27:05]>> Just kind of casually left the store.

[00:27:06]>> Yes, sir.

[00:27:07]>> And you two just bust out after, correct?

[00:27:11]>> Uh, I I was just walking out the >> You were walking out?

[00:27:15]>> Yes, sir.

[00:27:16]>> Okay. Press play, Stephanie, please.

[00:27:32]That's walking to you?

[00:27:34]>> Yes, sir.

[00:27:35]>> That's walking >> for me? Yes, sir.

[00:27:37]>> You typically walk that fast?

[00:27:40]>> Okay. So, when you get off the stand, you're going to walk that fast to your seat?

[00:27:43]>> Uh, depends on what I was doing.

[00:27:45]>> Okay. What were you doing there?

[00:27:47]>> I guess it would be a a brisker walk, but I wasn't running out the store.

[00:27:53]When did you start running?

[00:27:54]>> After he ran.

[00:27:56]>> Why is there anything wrong with him running?

[00:28:00]>> Uh, well, I ran because I I thought he had stolen something and I wanted to see where he was going.

[00:28:07]>> Okay. How far were you going to chase him, do you think?

[00:28:12]>> I'm not sure.

[00:28:13]>> Just >> going to see where he was going.

[00:28:16]>> A mile. What if he What if he had run a mile? Would you have kept chasing him with your dad? Um, I'm not sure. I'm not sure what I would have done.

[00:28:26]>> I'm just You don't know at what point you stop chasing a 14y old?

[00:28:31]>> I don't know when I would stop.

[00:28:34]>> Um, let me see. State or I'm sorry, clip 21, state four, please.

[00:28:41]Do you remember when his shoe fell off as he was running? Remember that?

[00:28:44]>> I did not see that.

[00:28:46]>> Okay. You didn't see him running with one sock and one shoe?

[00:28:49]>> No, sir. I didn't notice that.

[00:29:13]Is that what you're describing? how he was walking around the corner and then y'all start yelling at him and briskly walking towards him and then he takes off running.

[00:29:21]>> Uh just my I just hear my dad call out hey to him.

[00:29:26]>> That's what made him start running when y'all were back behind briskly walking towards him. That's what made him start running.

[00:29:32]>> Um I I I kind of just slow down to a stop at the corner. I wasn't walking at him.

[00:29:39]>> You slow down to Okay, let me go back.

[00:29:41]Let's watch it again cuz I didn't see that. Go to clip 20 of stage four and let's watch Andy stop as he goes to the corner.

[00:30:10]All right. When did you stop? Right there. I didn't see it. I missed it.

[00:30:13]>> I I slowed down >> at the corner.

[00:30:17]>> Okay. And then he started running. And every time you see somebody run, you you feel compelled to run after him, right?

[00:30:24]>> Uh I did I Well, I believe he had sold something. So I ran to go see where he was going.

[00:30:32]>> Okay. U let me have clip 24 of States for Thank you, Stephanie.

[00:30:48]And now what do you call it? Y'all are really briskly walking there. Are you not? That's a really brisk walk right there.

[00:30:54]>> Well, he he's running offcreen. So that's when I started running after he started.

[00:30:59]>> Okay. You're running now?

[00:31:00]>> Yes, sir.

[00:31:01]>> That's running.

[00:31:02]>> You're no longer briskly walking. You're running now, right?

[00:31:05]>> Uh yes, sir.

[00:31:06]>> And what's your dad doing in that video?

[00:31:08]In the video, he's also running.

[00:31:09]>> Okay. And is he saying, "Andy, let's stop. Let's do not leave the parking lot. Let's stop right here."

[00:31:15]>> Uh, I did not hear that.

[00:31:17]>> Okay. He didn't say that.

[00:31:18]>> No, sir.

[00:31:19]>> Okay. And now the boy lost his shoe. Uh, you know, your mother went and picked it up from the scene, right?

[00:31:25]>> Uh, I learned that afterwards. Yes, sir.

[00:31:28]>> And he's running so hard he comes out of his shoe. You know that now, right?

[00:31:32]>> Yes, sir.

[00:31:33]>> Okay. You don't dispute that, do you?

[00:31:35]>> No, sir.

[00:31:35]>> We saw the video, right?

[00:31:36]>> Yes, sir. And he's running so hard his cell phones fall out of his pockets.

[00:31:41]>> Correct.

[00:31:42]>> He throws them out.

[00:31:43]>> Okay. Well, you said before they fell out, did you not?

[00:31:47]>> I know you're saying he threw them out today. Have you ever thrown cell phones on the side of the road?

[00:31:52]>> I never.

[00:31:53]>> Okay. And he didn't either, did he?

[00:31:55]>> No, he threw them. If I showed you a video from your score the day of where you said they fell out of his pockets, would you still deny that?

[00:32:07]>> Uh, yes, sir.

[00:32:08]>> Okay, your honor, we need to um refresh the memory of the video.

[00:32:14]Let me ask first if this will help refresh your memory.

[00:32:21]Read this and tell me if you deny it.

[00:32:23]You said any of those things. Don't say it out loud. Just read it. See if you refresh your memory.

[00:32:40]>> Okay.

[00:32:41]>> Do you deny saying that?

[00:32:42]>> I do not deny saying that.

[00:32:44]>> Okay. So, you don't disagree that at the day of um you said these things flew off of him. You never said anything about him throwing anything? Um, in that moment, at that moment, yes, sir, I did say that.

[00:32:59]>> And this was the day of.

[00:33:01]>> Yes, sir.

[00:33:02]>> Because why would anybody throw their cell phones out? Does that make any sense to you?

[00:33:06]>> I would not know.

[00:33:07]>> No, because they didn't. He didn't throw them. They flew off of him cuz he was running so hard.

[00:33:12]>> No, sir. I saw him throw it to the side.

[00:33:15]>> What did you Do you want me to read what you said? Would that help?

[00:33:19]>> Well, >> or would you want me to play the video for you? Would that help? I'm just telling you what I saw.

[00:33:25]>> Okay. I'm asking you what you said on the day it happened.

[00:33:29]>> Okay.

[00:33:29]>> You never said that he threw him. You said >> he dropped it.

[00:33:34]>> I did, too.

[00:33:35]>> Things flew off of him. Correct.

[00:33:37]>> Yes, sir. It went flew like he threw it.

[00:33:42]That is what I meant.

[00:33:43]>> That's what you meant. Okay.

[00:33:44]>> Yes, sir.

[00:33:46]>> He threw his shoe off, too, didn't he?

[00:33:48]>> Uh, I did not see that myself.

[00:33:53]Okay. So, Tom, you're saying uh he dropped his phone. Two things flew off.

[00:34:02]>> You don't disagree with that?

[00:34:04]>> Uh, I did say that.

[00:34:06]>> Okay. All right.

[00:34:09]And as a matter of fact, you chased him and you stopped and looked at him, >> right?

[00:34:17]>> At what point? Oh, at what he threw, you mean? All right, listen. I'm only going to be talking to you about May 28th of 2023. So if you ask when, I'm talking about this date when 14year-old Cyrus Felton died. So is that clear?

[00:34:36]>> Yes, sir.

[00:34:36]>> Okay. When you're chasing him, the shoe comes off. Two cell phones come off of him. You stop and look at him, do you not?

[00:34:43]>> Um, so I slow down to for like a second and I glance back. I don't see a phone, a water bottle. All I see is trash. And so I turn back around and continue to follow him.

[00:34:58]>> All right. Would it surprise you to know that you had previously said that you stopped and looked and noticed there were two cell phones on the ground?

[00:35:08]>> Uh, he said that.

[00:35:10]>> Do you disagree what you said?

[00:35:11]>> I don't remember saying that.

[00:35:13]>> Would it help you if I refresh your memory?

[00:35:15]>> Uh, yes sir.

[00:35:29]You stop to look at what he draw.

[00:35:32]Correct.

[00:35:33]>> Try to see what he had thrown on you.

[00:35:35]>> Okay. You You do agree with me then. You stop to look.

[00:35:38]>> Well, it it wasn't like a full stop.

[00:35:41]>> What was it?

[00:35:42]>> I slowed down. it. So in the video you see me full sprinting >> and so I slow down.

[00:35:49]>> Okay.

[00:35:50]>> To see >> and I don't see anything. So I turn back around and keep going.

[00:35:53]>> You didn't see the white shoe right there?

[00:35:55]>> No sir.

[00:35:56]>> It was a cell phone.

[00:35:57]>> No sir.

[00:35:57]>> One was white though, right?

[00:36:01]>> The phone.

[00:36:02]>> Yeah.

[00:36:03]>> Uh I'm not sure.

[00:36:06]>> You remember your mother collecting them and bringing him into the gas station that night?

[00:36:09]>> Um I remember her saying that. Yes, sir.

[00:36:15]Now, whenever he go whenever Cyrus goes uh Stephanie, let me have six.

[00:36:41]recognize this to be 7441 Parkland Road.

[00:36:44]>> Yes, sir.

[00:36:45]>> Okay. And under this approximately here is where the entrance of the store is.

[00:36:51]Correct?

[00:36:52]>> Yes, sir.

[00:36:53]>> Okay. And correct me if I'm wrong, but when Cyrus leaves, he rounds this corner and goes this direction on the sidewalk.

[00:37:00]Correct.

[00:37:00]>> Yes, sir.

[00:37:01]>> Okay. As you guys come around the corner kind of at a ferris pace with your dad yelling, >> he takes off sprinting, does he not?

[00:37:11]>> Uh, my dad calls out to him, "Hey, >> that's it." And >> he takes off sprint, correct?

[00:37:16]>> Uh, yes, sir.

[00:37:17]>> Okay. Are you able to see these two um posts right here? The two white posts from the black car?

[00:37:23]>> Yes, sir.

[00:37:24]>> Okay. Cyrus ran around those and took his cut through. Correct.

[00:37:28]>> Yes, sir.

[00:37:30]>> I'm sorry.

[00:37:30]>> Yes, sir. Okay. But you and your father took this uh direction.

[00:37:38]>> Yes, sir.

[00:37:39]>> Right.

[00:37:40]>> Yes, sir.

[00:37:40]>> Okay. His shoe came off somewhere in this vicinity. Correct.

[00:37:45]>> I do not believe so.

[00:37:47]I think it was earlier.

[00:37:49]>> Okay.

[00:37:50]>> Judging off the video, >> somewhere here then.

[00:37:54]>> Maybe a bit further back.

[00:37:56]>> Somewhere here.

[00:37:57]>> Yes, sir.

[00:37:57]>> Okay. Cell phones were found in this general area or where did you stop to look where he had >> is still in the parking lot.

[00:38:05]>> I'm sorry.

[00:38:06]>> Is still in the parking lot.

[00:38:07]>> The cell phones?

[00:38:08]>> Yes, sir.

[00:38:09]>> Okay.

[00:38:09]>> When I saw him throw them is like before that sand uh path.

[00:38:18]>> All right.

[00:38:20]>> Yes, sir.

[00:38:21]>> Cyrus takes the path. Correct.

[00:38:23]>> Yes, sir.

[00:38:23]>> And does he immediately cross over spring tree? Uh he's kind of running a diagonal.

[00:38:30]>> All right. How about this?

[00:38:31]>> Straight to the uh scene.

[00:38:33]>> Is that it?

[00:38:34]>> Straight to where the scene was.

[00:38:36]>> So he's running in the middle of the road.

[00:38:38]>> Yes, sir.

[00:38:39]>> Okay. And that is a fairly heavily traveled road. Correct.

[00:38:45]>> Yes, sir.

[00:38:46]>> Cars pretty fast up and down that road.

[00:38:48]Correct.

[00:38:50]>> I'm not sure.

[00:38:51]>> You've never noticed people speeding up and down that road?

[00:38:54]>> No, sir.

[00:38:55]>> Okay. All right. Uh, but it is heavily traveled, correct?

[00:38:58]>> Uh, yes, sir.

[00:39:01]>> Cyrus, you and your father run directly across with no disregard for cars coming or going, did you not?

[00:39:08]>> Uh, I did not see any cars.

[00:39:11]>> You didn't You didn't even notice the white Honda that had to slam on it brakes and keep from getting you guys.

[00:39:16]>> I did not notice that. No, sir.

[00:39:18]>> You didn't?

[00:39:18]>> No, sir.

[00:39:19]>> Okay. Uh, because you were focused on chasing the 14-year-old. Is that correct? I was focused on seeing where he was going.

[00:39:27]>> Okay.

[00:39:28]>> Springtree Road is a very straight road.

[00:39:31]Correct.

[00:39:32]>> Yes, sir.

[00:39:34]>> Can see a great distance down this road.

[00:39:37]Correct. State's 15th Street.

[00:39:39]>> No, sir.

[00:39:42]>> 15.

[00:39:49]>> All right. Spring tree is a straight road. Correct. It is straight.

[00:39:54]>> Okay. And it dead ends eventually.

[00:39:56]Correct.

[00:39:56]>> Yes, sir.

[00:39:57]>> What are these apartments right here?

[00:40:01]>> I'm not sure.

[00:40:02]>> All right. What are these apartments right here?

[00:40:04]>> I'm not sure.

[00:40:05]>> Are there any more apartment complex beside these two?

[00:40:09]>> Uh, I'm not sure.

[00:40:13]>> But it dead ends.

[00:40:14]>> Yes, sir.

[00:40:15]>> All right. So, what's the purpose of sprinting after Cyrus? You merely wanted to find his direction of travel. Don't we already know the direction of travel without even leaving the property?

[00:40:28]>> Well, it is a dead end for a car, but not for someone on foot.

[00:40:34]>> What does that mean?

[00:40:35]>> You can go anywhere.

[00:40:36]>> Where can you go?

[00:40:38]>> Anywhere.

[00:40:40]>> Where can you go besides the apartments?

[00:40:41]I don't understand.

[00:40:44]>> You could you could go through it. I don't understand.

[00:40:48]>> All right. Where can anybody go besides those apartments? There's there's only two apartment complexes to go to before you hit the dead end, right?

[00:40:56]>> Well, you could walk another direction, not on the road.

[00:41:01]>> Explain that. I don't understand.

[00:41:05]>> Are you trying to say you could go through the woods?

[00:41:07]>> Uh, yes, sir.

[00:41:08]>> Okay. So, were you prepared to chase him through the woods?

[00:41:11]>> Um, um, I don't know.

[00:41:16]I just do Do you know like at what point your dad and you stop or do you just chase him for eternity?

[00:41:24]>> I I don't know. I was just The only thing I was thinking was see where he was going?

[00:41:29]>> Yeah. And get that bottle of water. Got to get that bottle of water, right?

[00:41:33]>> No, sir.

[00:41:34]>> Okay. Don't we know which direction he went? I mean, if the cops show up, we know how to call 911. We've established that. You say, "Officers, this is the guy you're looking for.

[00:41:49]This is the guy you're looking for." And he went straight up Springtree. Not too many places he can go. He can take a right or a left.

[00:41:58]Oh, and by the way, we got his backpack.

[00:42:02]We got a shoe. We got two cell phones.

[00:42:06]Shouldn't be too hard for you guys, right?

[00:42:11]Well, I did not see the phones. I did not see a shoe.

[00:42:16]>> But you know, you are a computer information systems graduate or whatever you are. You know intimately about computers and you know about the capabilities of your surveillance system, do you not?

[00:42:29]>> I know that we had his picture >> and you know about the wall of shame, do you not?

[00:42:33]>> Yes, sir.

[00:42:34]>> And you know how to call 911, do you not?

[00:42:36]>> I do.

[00:42:37]>> So why do we ch I You want to find his direction. I know that's what is that your explanation? You want to find direction of travel?

[00:42:43]>> Yes, sir.

[00:42:45]>> We got videos that showed his direction of travel. You said he didn't go to Park Lane. He went down Spring Tree.

[00:42:53]You can tell officers his direction of travel, right? You never even have to leave the property, do you?

[00:42:58]>> You could I I I could get more details more detailed on where he went because the the even though the road is straight >> Uhhuh. It goes up a little bit so you can't actually see down the road.

[00:43:13]There's a little hump.

[00:43:14]>> It's your testimony that you and your father had to chase up there to see specifically where he went so we can get that dollar bottle of water. Is that your testimony?

[00:43:22]>> Well, I was go I was running to just see where he was going.

[00:43:27]>> Why he have to run on that straight road? The boy has one shoe on.

[00:43:32]I mean, can you do that wrist walk you like to do?

[00:43:35]Well, I I was not thinking that at the >> What were you thinking?

[00:43:41]>> To see where he was going.

[00:43:44]>> I'm going to ask you I'm going to leave it behind after this. But when you stand 20, please >> 20. Yes, ma'am.

[00:43:57]When you stand right here, >> you recognize this to be the driver of your gas station?

[00:44:02]>> Yes, sir. You can see right up the road, right?

[00:44:07]>> Um, >> at my height, I would not be able to see all the way down.

[00:44:16]>> Let me ask you something. Do you have I see you wearing glasses. Do you have issues with your vision?

[00:44:20]>> Um, just a little bit.

[00:44:22]>> Okay. And And do you have trouble um perceiving things even with glasses?

[00:44:29]>> Uh, no sir.

[00:44:31]>> You don't?

[00:44:32]>> No sir. So, with your glasses, you have good eyesight.

[00:44:35]>> Yes, sir.

[00:44:35]>> Okay.

[00:44:37]You see this car right here, Andy?

[00:44:40]>> Yes, sir.

[00:44:41]>> What What What apartment complex are they?

[00:44:43]>> Um, that first one.

[00:44:45]>> Okay.

[00:44:46]>> And then how many more up the road?

[00:44:48]>> I'm not sure.

[00:44:49]>> All right. Well, dead ends, right?

[00:44:52]>> Uh, yes, sir.

[00:44:53]>> So, if you're standing right there, you can see him take a left in that apartment complex, right?

[00:44:58]>> Yes, sir.

[00:44:59]>> Okay. And if he keeps going, you know there's a dead end, right?

[00:45:04]>> Yes, sir.

[00:45:05]>> And you know there's only that other apartment complex on the right up there.

[00:45:09]>> Uh yes, sir.

[00:45:09]>> So if you stand right there, stay in your parking lot of your store at 7441 Park Lane Road, you can go ahead and roll out that first apartment on the left if he passes. Right.

[00:45:21]>> I could. Yes, sir.

[00:45:22]>> Okay. But if he turns in there, you can say officers, he went up there, took a left. Right.

[00:45:28]>> Yes, sir. And by the way, we got a space, too, right?

[00:45:30]>> Okay.

[00:45:31]>> And by the way, we got a cell phone and shoe, right?

[00:45:33]>> Yes, sir.

[00:45:34]>> Okay. Now, you following me still? If you kept running past that driveway, then you could narrow it down, too. You can say, uh, uh, Mr. Police Officer, he kept running past that first complex, and the next one is up there on the right, right?

[00:45:49]>> Uh, I could have.

[00:45:53]>> Okay. Are you tracking my question? So my my question is why do you need to be right on him jogging beside him the whole time?

[00:46:01]>> I did not plan to be right on them.

[00:46:03]>> But you were.

[00:46:04]>> Because he tripped.

[00:46:07]>> So you watched a 14-year-old boy with one shoot you suspected of stealing $1 of water trip and fall. And you didn't just turn around and say, "Dad, let's call it a day. Let's just go back. We've done too much already.

[00:46:25]You didn't do it.

[00:46:26]>> I did not do that cuz you're right up on you even said that in your statement, right?

[00:46:33]>> I was right up on >> I was arms length away.

[00:46:36]>> Okay. You still didn't notice he was only wearing one shoe.

[00:46:39]>> No, sir.

[00:46:40]>> He busted his butt pretty bad there, didn't he?

[00:46:43]>> His butt. No, >> he busted his shins up, right? I mean, he was down like on his stomach, right?

[00:46:48]He said that >> he was on his he was flat and I saw something in his hand. Okay, this is state 78.

[00:47:03]Okay.

[00:47:04]And you hit pretty hard. Okay.

[00:47:09]And uh are you familiar with a tack light?

[00:47:15]This is states number six. Are you familiar with the tack light?

[00:47:18]>> Uh yes, sir.

[00:47:27]remember that on the ground?

[00:47:29]>> Uh, I did not see it myself, but >> Well, like you were standing there with the officer when he identified it being there after the fact.

[00:47:38]>> I thought they were talking about a red thing on the floor. Okay.

[00:47:41]>> But you you didn't see that other time.

[00:47:43]>> I did not see.

[00:47:44]>> All right. Well, let me see stage 35.

[00:47:56]You saw his shin just now. How what he did to himself after that fall.

[00:48:01]>> I did see that.

[00:48:02]>> Okay. And it was a it was a fairly he he bit the I mean he hit the ground pretty hard, didn't he?

[00:48:10]>> Uh he did fall flight uh flat on the ground.

[00:48:15]>> Okay. That was right about here where AA is. Correct.

[00:48:20]Uh, I believe it was a bit further out.

[00:48:24]>> Okay.

[00:48:26]Do you see AA?

[00:48:27]>> Yes, sir.

[00:48:28]>> You realize that's an attachment to the pistol he had on him?

[00:48:31]>> Yes, sir.

[00:48:32]>> Okay. Do you have any explanation? Cuz you were the closest one to him, correct?

[00:48:37]>> Uh, yes, sir.

[00:48:38]>> All right. He had to have hit the ground right here for his det uh optic, his flashlight to come detached and come to rest right there. Right. You didn't throw her there, did you?

[00:48:50]>> I did not.

[00:48:51]>> And that's not yours, is it?

[00:48:52]>> No, sir.

[00:48:52]>> And that doesn't go to your dad's gun, does it?

[00:48:54]>> No, sir.

[00:48:55]>> So, that is where he fell, correct?

[00:48:58]>> From my memory, he fell a bit uh further a bit after.

[00:49:04]>> So, I >> You were closest to him.

[00:49:06]>> Yes, sir.

[00:49:07]>> How did that get to be right there, then? Did you move it?

[00:49:10]>> Then he maybe when he took it out >> when he When did he take it out? I don't know, but when he was on the ground, it was already in his hand.

[00:49:20]>> Okay. Do you think maybe when he hit the ground, it came out of his pocket? You think that's possible?

[00:49:27]>> I'm not sure.

[00:49:29]>> Okay. He hit the ground pretty hard, did he not?

[00:49:34]>> He did.

[00:49:36]>> You were right there up on >> He hit the ground hard, did he not?

[00:49:42]>> Uh, he did.

[00:49:44]>> Okay. And he's already lost his shoe.

[00:49:46]You understand that?

[00:49:47]>> Uh, okay. Yes, sir.

[00:49:51]>> Do you understand that?

[00:49:53]>> Uh, >> you want me to watch play the video again for you?

[00:49:56]>> No, sir.

[00:49:57]>> We know he lost his shoe cuz your mom brought up your store, right? You were there.

[00:50:00]>> Yes, sir.

[00:50:01]>> Okay. If I ask a question, you don't understand. Just ask me to repeat.

[00:50:04]>> Well, I I didn't know he had didn't have his shoe on.

[00:50:07]>> I didn't ask you that.

[00:50:08]>> Okay.

[00:50:08]>> We understand now he lost his shoe, correct?

[00:50:11]>> Yes, sir.

[00:50:11]>> Okay. Well, you understand now that two cell phones had flown off of him in his haste to get away from you two, correct?

[00:50:19]>> I saw him throw it. I assume, >> but at the day you said it flew off of him. You didn't say throw, correct?

[00:50:26]>> Uh, that day. Yes, sir.

[00:50:28]>> Okay. I know you want to say the day that he threw him, but I'm talking about May 28, 2023. You said two things flew off of him.

[00:50:35]>> Yes, sir.

[00:50:36]>> All right. So, we now know that in his haste to get away from you, he ran out of his sneaker and now he's running up the road with one shoe on. In his haste to get away from you two, he has dropped two cell phones. Cuz who do you know that throws cell phones away? You never know anybody like that?

[00:50:53]>> I do not.

[00:50:53]>> Okay. So, two He's running away from you so hastily. He comes out of his shoe, drops two cell phones, but you two continue to chase him. Correct.

[00:51:03]>> Uh, yes, sir. Okay.

[00:51:05]>> Continue to follow him.

[00:51:07]Follow him.

[00:51:08]>> All right.

[00:51:09]>> Why do you use that term?

[00:51:11]>> Chase and follow.

[00:51:12]>> Chase. Are you comfortable when I say chase? Yes, sir.

[00:51:15]>> Okay. You continue to chase him and then the boy, the 14year-old 114 lb boy hits the ground so hard >> and you're hovering over him and the light has he hits so hard that that light has come off of his gun.

[00:51:32]Why not just run back to the shell station at that point and say, "This is enough. This is This is We've gone way too far over a dollar ball of water.

[00:51:42]>> Why didn't you and your dad do that then?"

[00:51:44]>> So everything was happening fast.

[00:51:48]>> Yeah.

[00:51:48]>> So I caught up to him >> and I see the gun.

[00:51:52]>> Okay.

[00:51:52]>> And then it's pointed at me.

[00:51:55]>> So >> how many times did you say >> Oh, okay. Well, I want to get to that.

[00:52:01]Who did you tell that day that he pointed a gun at you?

[00:52:06]>> I did not say the exact words. No, >> what am I doing right now?

[00:52:10]>> Pointing at me.

[00:52:11]>> Yeah. It's a very simple word, is it not?

[00:52:15]>> Uh, yes, sir.

[00:52:17]>> Okay. You never say pointed. You never used the term aim, did you not? Or you didn't, did you?

[00:52:23]>> I did not. I did motion it pointing.

[00:52:27]>> You never said point. You never said aim. You said he pulled a gun. I saw a gun.

[00:52:33]>> Yes, sir. I said those things.

[00:52:35]>> Okay.

[00:52:39]English is your first language, correct?

[00:52:41]>> Yes, sir.

[00:52:41]>> Do you even speak Cantonese?

[00:52:44]>> Uh, only a little bit.

[00:52:45]>> Only a little. You understand the term point? You use it all the time, do you not?

[00:52:49]>> Yes, sir.

[00:52:50]>> You understand the word aim, correct?

[00:52:52]>> Yes, sir.

[00:52:54]>> Did anybody stop you from using those words that day?

[00:52:57]>> No, sir. They also did not ask me.

[00:53:04]>> Did you have trouble volunteering that very important piece of information?

[00:53:10]>> I The first thing that came to my mind was he I he pulled it and then I point I went with my hand.

[00:53:16]>> He pulled Could it have come out of his pocket when he took that violent fall to the ground?

[00:53:23]>> I believe he took it out. Could it have come out of his pocket when he took that violent hit on the ground that dislodged the flashlight from his gun?

[00:53:32]>> I'm not sure.

[00:53:33]>> Could it have fallen out of his pocket after you chased him 130 yards and he hit the ground, wounding his shin, dislodging that light from his gun?

[00:53:43]Could it have come out of his pocket at that point?

[00:53:47]>> It could have.

[00:53:48]>> Okay.

[00:53:51]You never saw it before he fell.

[00:53:52]Correct.

[00:53:54]the gun.

[00:53:58]>> You never saw that gun before he fell.

[00:54:00]Correct.

[00:54:01]>> Uh, no, sir.

[00:54:02]>> All right. The first time you're even aware of it is when you're right on top of him and he's hurt himself and he's lying on the ground face down. Correct.

[00:54:11]>> Uh, yes, sir.

[00:54:12]>> And where's your dad?

[00:54:14]>> I'm not sure. He's behind me.

[00:54:17]>> Two to 30 feet behind you, maybe.

[00:54:18]>> I'm not sure.

[00:54:19]>> Would it surprise you? You said before that he was two to three feet behind you.

[00:54:23]Um, >> I don't remember.

[00:54:27]>> Would this surprise you? Do you deny saying that?

[00:54:31]>> Uh, I don't remember saying it.

[00:54:33]>> Do you deny saying that?

[00:54:36]>> I don't I just don't remember saying that.

[00:54:38]>> Do you deny saying that he was 2 to 3 ft behind you?

[00:54:44]>> I'm not sure.

[00:55:32]Okay.

[00:56:10]How far away do you think you were from him when he fell to the ground when you first saw the gun >> from young man.

[00:56:21]>> Yes, sir.

[00:56:22]>> Um, more than like 10 ft maybe.

[00:56:33]>> Okay. Your dad was 10 ft.

[00:56:36]>> 10 ft from I was from him or >> you were 10 ft from Cyrus when he fell >> when he tripped?

[00:56:43]>> Yeah.

[00:56:44]>> Yes, sir. He was ahead of me.

[00:56:45]>> Okay. But then you got right up on him is what you testified to.

[00:56:48]>> Yes, sir. And then I caught up to him.

[00:56:50]Yes, sir.

[00:56:50]>> Okay. You were right up on him as I think.

[00:56:52]>> Yeah. Armley. Yes, sir.

[00:56:53]>> Armley.

[00:56:54]>> How far was your dad from you at that point?

[00:56:57]>> I'm not sure. I did not look back.

[00:56:59]>> Okay. Would you say?

[00:57:05]Do you remember saying that he was maybe 5 to 10 feet from Silus?

[00:57:11]>> At what point? Um, you remember given an interview saying that?

[00:57:17]>> At what point was he at? Five to >> When Mr. Cyrus Carmarmac Delton's lying on the ground and you see the gun?

[00:57:24]>> Oh, uh, >> your arms length. How far is that?

[00:57:30]>> I'm not completely sure.

[00:57:31]>> Let me see if you recognize making any statements here.

[00:57:50]Okay. You do deny making those statements?

[00:57:53]>> Uh, I do not deny.

[00:57:54]>> Okay. So, you previously told uh or indicated that your dad was 5 to 10 feet away from him and you were maybe two feet from him when you first saw the gun.

[00:58:07]>> Uh, that is what I said.

[00:58:10]I'm asking you every >> I I >> do you remember giving interview when Mr. Jordan investigated Jordan?

[00:58:16]>> So I was told by Mr. Kent that I can only say what I saw >> that that day and I did I did not know my dad was behind me. I did not know what >> remember when investigator Orton Jordan how many feet do you think your dad was um from Cyrus that you got together? Y I'm object the last word guess and we told him not to speculate approach >> what's up ask you how far if you had to guess from Cyrus was your father. You don't deny him asking that, right?

[00:59:22]>> You don't deny saying it'd be like 5 to 10 ft.

[00:59:26]>> You don't deny that?

[00:59:27]>> Yes, sir. I would be guessing where he was.

[00:59:33]>> You would have seen him. How could you have guessed a distance if you didn't see him?

[00:59:37]>> I did not see him.

[00:59:38]>> Well, you just testified a minute ago with your lawyer that when you saw the gun, you looked up, turned towards your dad, and said, "He's got a gun." Did you not testify with Mr. Kent about that?

[00:59:50]>> I thought the question was when I was next to the young man, I saw the gun.

[00:59:55]>> You saw the gun?

[00:59:56]>> Yes, sir. So, then I >> Go ahead.

[00:59:59]>> So, then I uh I see the gun and it points up at me. So, I put my hands up.

[01:00:05]I say he has a gun >> still facing. And then then I back I'm backing up at this point. And then I turn and I see my dad.

[01:00:13]>> Oh, so now there's a lot more time than I thought between these events.

[01:00:19]So now your testimony is you're right up on top of him. He's falling.

[01:00:24]>> Okay, stop me if I'm wrong. Okay, I'm just trying to repeat what I think you just said.

[01:00:29]>> Okay, >> you're right on top of him. You see a gun. You don't know where your dad is right now. Correct.

[01:00:34]>> Yes. Correct.

[01:00:35]>> So, how many seconds does it take for you to go back up, back up, and say he's got a gun?

[01:00:41]>> Um, well, it' be he has got a gun and then I turn to where you are now and tell my dad he has a gun.

[01:00:48]>> He's got a gun. And >> when you're looking at your dad, how far away is he from Cyrus who's still on the ground? 5 to 10 ft.

[01:00:54]>> Um, I'd say closer to 10 ft. 10 ft away.

[01:00:58]>> Okay. Wonder why you said five to 10 when investigator Jordan asked you that.

[01:01:02]>> Um my I learned that my uh perception of feet, how far long a feet foot foot was was wrong.

[01:01:12]>> Okay. So over 3 years you've learned about 12 in and what it means to be five or 10 ft. You've learned distance is better over three years. Is that what you're saying?

[01:01:23]>> Um after I explained it. Okay.

[01:01:27]>> So, let me get this right cuz I just want to be clear. He's still on the ground as you're running backwards.

[01:01:33]>> Uh, no. He's getting up.

[01:01:34]>> Okay.

[01:01:35]>> And that's when he points the gun at me as he's getting up >> and still running. He continues to run.

[01:01:41]>> Uh, he does continue to go forward. Yes, sir.

[01:01:43]>> Okay.

[01:01:45]And so, I guess that must mean that he's doing this.

[01:01:52]>> Uh, not behind him because I'm I'm not backing up. straight backwards. How are you backing up?

[01:01:58]>> Since I was running full speed, >> I slow down. I I'm maybe arms length away. And then then I see the gun and I start to back up. I start to go out this way.

[01:02:10]>> Okay. Stephanie, can I have stage number 26?

[01:02:17]>> All right.

[01:02:20]J, can I have the witness just step down just to explain? Sure.

[01:02:23]>> Real quick.

[01:02:40]You recognize what we're looking at in stage 26?

[01:02:42]>> Uh, yes, sir.

[01:02:42]>> All right. Show us where he I want you to as best you can put the tip of that on the exact spot where he fell.

[01:02:50]>> Um, it would be right here. Okay.

[01:02:56]Right there. And that's about where that tack light will sound. Correct.

[01:02:59]>> I believe the tack light.

[01:03:01]>> All right. Now, put Show me where he fell. Right there. Okay. And you're right up on top of him.

[01:03:08]>> I'm sorry.

[01:03:08]>> Go ahead. You're right up on top of him when he You see the gun right there.

[01:03:12]>> Yes, sir.

[01:03:12]>> Show us the direction you backed up in.

[01:03:14]>> So, I come in and I back out this way.

[01:03:18]>> Why would you back up further towards the road instead of back to safety where the park lane rode it.

[01:03:25]>> Uh because my momentum is taking me out this way.

[01:03:28]>> Well, your momentum, you said you stopped right over him. You're right on top of him. How do you have momentum if you were in stopping position?

[01:03:34]>> Well, I didn't come to a full stop. I I came in slow down and I see the gun and then I start to come out this way. And then so I turn around here and I see my dad and then >> Wait, wait, wait, wait. Slow down. Slow down.

[01:03:52]He hits the ground. How long was he down on the ground?

[01:03:57]>> Um maybe one or two seconds.

[01:04:00]>> One or two seconds. And you're right on top of him is what you testified to.

[01:04:04]Correct.

[01:04:05]>> Um Yes, sir. Yes, sir.

[01:04:08]>> Okay. Right on top of him while you're moving past him or I don't understand cuz I understood that you stopped right beside him. You're an arms length away from him is what you said prior.

[01:04:17]>> Yes, sir.

[01:04:18]>> Okay. You stopped. So I I well I came in and then I mean I didn't come to a full stop right here and then start to go.

[01:04:27]>> Well, if he's on the ground. Okay. So you're explaining he hits the ground, you just kind of keep running past him.

[01:04:32]>> I keep coming up here and then he starts to get up.

[01:04:36]>> Okay.

[01:04:36]>> And then he points the gun at me. And so I continue that.

[01:04:43]>> Andy, if he's pointing the gun at you, he's trying to move this way. Why are you backing up in the same direction he's moving? I don't understand.

[01:04:52]Why not go back this way? You just approached the man with a gun. Why are you backing up in the same direction travel as he's going? I don't understand.

[01:05:01]>> Well, my momentum is just taking you that way.

[01:05:05]>> But you already said you stopped right beside him when he hit the ground.

[01:05:08]>> Well, no. I didn't come to a full stop.

[01:05:10]I don't >> All right. So, let me let me get this straight. You're running forward here.

[01:05:15]Go ahead.

[01:05:15]>> Yeah. Full sprint. Okay. Okay. And then you slow down and suddenly you're back pedal. How do you do that?

[01:05:22]How do you go from sprinting forward to backpedaling without stopping?

[01:05:26]>> Can you demonstrate that?

[01:05:28]>> Uh, sure.

[01:05:31]>> You can you can go from a dead sprint to a backpedal without stopping.

[01:05:36]>> Well, no. I slowed down.

[01:05:38]>> Okay. So, you can go from a sprint to slow down to backpedal.

[01:05:41]>> Yes, sir.

[01:05:43]>> Can you Do we have enough room for you to do that? I've never seen that done.

[01:05:48]>> Is that something you practice?

[01:05:50]>> No.

[01:05:52]>> What you're describing is a full sprint, slow down, and then suddenly you're backpedaling up the road.

[01:05:58]Is that your testimony?

[01:05:59]>> Yes, sir.

[01:06:00]>> Okay.

[01:06:02]Cyrus is trying to get up, but he's continuing this way, right?

[01:06:06]>> Yes.

[01:06:07]>> And do you remember? All right. So, when you back up here, you don't deny that you said you turned to look at your dad and said he hasn't gone.

[01:06:14]>> Yes, sir. Now put the pointer where your dad was standing when you first saw it.

[01:06:17]Can you turn around here and see he comes up around this spot?

[01:06:22]>> Okay. Would you right about there?

[01:06:24]That's about where that casing.

[01:06:26]>> Okay.

[01:06:26]>> And then Cyrus was up already on his feet and out his way.

[01:06:31]>> Okay. Cyrus is continuing trying to get up that way. Yes, sir.

[01:06:34]>> And it's your testimony that as he's running, he's doing that to you.

[01:06:37]>> Yes, sir.

[01:06:38]>> Okay. And you're running with him kind of. I mean, he's running that way.

[01:06:42]You're backing up with him.

[01:06:44]>> Uh, yes, sir. But kind of like going away from him.

[01:06:49]>> Okay. Well, you just said you're when you're backpedaling, you're going up Spring Tree, away from Parkland, right?

[01:06:55]>> It' be this way.

[01:06:57]>> Okay. But you're still are you going towards Parkland when you're backing up or up closer?

[01:07:03]>> Yeah. Yes. I'll be going up uh Spring.

[01:07:06]>> Okay. Well, that's what I'm asking.

[01:07:08]Cyrus is going up Spring Tree, too, right?

[01:07:11]>> Uh, yes. Okay. And you're going up spring tree, correct? That's what you just said.

[01:07:15]>> Yes, sir.

[01:07:16]>> Right. So, he's running and you're backpedaling beside him and he's he's running with a gun the whole time.

[01:07:21]That's what your testimony is, right?

[01:07:22]>> Uh, yes, sir.

[01:07:24]>> Okay.

[01:07:26]You can have a seat.

[01:07:28]So, um, your dad's standing in front back there going, "What the hell is going on?

[01:07:34]Why is my son backpedaling with this guy aiming a gun at him?" Right.

[01:07:38]>> Uh, I'm not sure what he was doing.

[01:07:41]Have you ever seen anything like that before?

[01:07:44]>> One man running down the road aiming a gun at somebody, another guy jogging beside him.

[01:07:49]>> Um I mean there would be about like there's a good distance between us.

[01:07:57]I'm not like right next to him.

[01:07:59]>> Okay. How So how far did you back off of him at that point? Um about maybe 20 ft away now.

[01:08:15]>> 20 ft away.

[01:08:16]>> We're going away from each other.

[01:08:17]>> Okay. But you're both moving up Spring Tree, away from Parkland.

[01:08:23]You >> up Spring Tree and away from each other.

[01:08:25]>> Okay. And there's trees in between you and Cyrus at this point, correct?

[01:08:29]>> Uh yes, sir.

[01:08:30]>> Okay. Okay. And he's trying to he's trying to get towards those apartments, is he not?

[01:08:35]>> I'm not sure what he was.

[01:08:36]>> Which direction? One more time, Andy.

[01:08:38]Which direction was he going? Was he going towards Park Lane or up Spring Tree? He >> was going up Spring Tree.

[01:08:43]>> Okay. And what what's at the end of Spring Tree?

[01:08:47]>> Uh some apartments.

[01:08:48]>> But is there any doubt he was trying to get away from you two?

[01:08:53]>> Uh I don't know what he was thinking.

[01:08:55]What he was >> Was he running towards you or away from you? I was going running away from him >> now that he's pointing a gun.

[01:09:02]>> Let me ask you, I'm going to make this real good for you, okay? Step by step.

[01:09:06]>> Okay.

[01:09:06]>> When y'all left the shell station, was he trying to get away from you, too?

[01:09:12]>> Uh, I'm not I'm not sure why he ran.

[01:09:16]>> Did he ever stop and ask to shake your hand?

[01:09:19]>> No, sir.

[01:09:20]>> Did he ever run towards you?

[01:09:22]>> No, sir.

[01:09:23]>> Okay. He was running away from you, right, Andy?

[01:09:27]Um, I I can't speak for him.

[01:09:36]>> Was he running towards you?

[01:09:39]>> No, sir.

[01:09:39]>> Was he running away from you?

[01:09:42]>> Um, >> it's not a hard question.

[01:09:44]>> I guess not to me. Yes, sir. He was going He was >> He was trying to get away from where you were. Correct. Uh, >> it could be.

[01:09:54]>> It could be.

[01:09:58]You and your dad are yelling at him and running after him.

[01:10:01]>> I did not.

[01:10:04]Outside of the store, I did not yell at him.

[01:10:05]>> You yelled at him in the store?

[01:10:07]>> Well, I called out to him, "Hey."

[01:10:10]>> And your dad yelled to him when he got out of the store.

[01:10:12]>> And my dad called out, "Hey," to him.

[01:10:14]Yes.

[01:10:14]>> And he ran away from you.

[01:10:17]>> Okay. Yes, sir.

[01:10:18]>> I know. I'm asking you. This is your chance to answer my questions. And they're not hard, are they? Um, >> he ran away from you and your father, did he not?

[01:10:30]>> He did run away from me.

[01:10:32]>> Okay, thank you.

[01:10:34]>> Okay.

[01:10:35]>> At any point did he turn and engage with you? You understand that word?

[01:10:39]>> Uh, he did not.

[01:10:40]>> Okay. At any point did he stop and turn towards your dad and pull out a gun in the store?

[01:10:47]>> Towards my dad? No, sir.

[01:10:48]>> Did he do that to you in the store?

[01:10:50]>> No, sir. Did he do that when y'all chased him into Spring Tree? Did he turn around before y'all left the parking lot and point a gun at you?

[01:10:57]>> No, sir.

[01:10:57]>> But you continued to chase him though, didn't he?

[01:11:00]>> And you actually called up to him the first You called up to him twice is what you said in your statement roadside, right?

[01:11:06]>> Oh, yes, sir.

[01:11:06]>> What does that mean? What was the first time you called up with him?

[01:11:09]>> I'm not completely sure.

[01:11:11]>> Okay. So, how So, you catch up with him and then he keeps going, then he falls and then you catch up with him again and that's when the gun thing happens, right?

[01:11:20]>> Uh, yes, sir. He pointed the gun at me.

[01:11:22]>> Okay. And you said he fell he took one to two steps after he got shot and fell down.

[01:11:28]>> Yes, sir.

[01:11:30]>> Or Yeah, he kind of ducks to the ground and stays on the ground.

[01:11:33]>> Okay. But you testified he took one to two steps after he was shot and fell to the ground.

[01:11:39]>> Uh, yes, sir.

[01:11:40]>> Okay. Let me see stage 32, please.

[01:11:47]>> So, where we see Cyrus here, >> pretty much where he got shot, right?

[01:11:53]>> Yes, sir.

[01:11:55]>> All right.

[01:11:57]>> What?

[01:11:59]>> That's when I see him and he takes one, two steps and then falls.

[01:12:04]That's not where he got shot. Right there.

[01:12:05]>> No, I'm not.

[01:12:06]>> Okay.

[01:12:08]>> You must have got shot somewhere in here, right? If you take one to two steps and then pause.

[01:12:13]>> I think it'd be a bit further left.

[01:12:17]>> Aren't you taking big steps?

[01:12:19]>> Well, it's not exact. I didn't look at him immediately. So, there could be steps before those first two steps that I saw.

[01:12:26]>> Your testimony before was he got shot, took one, maybe two steps, and then fell.

[01:12:32]>> Do you deny that? Uh my testimony is I I saw my dad fire the shot and I turned to him and I see he takes one two steps and he >> you given statements before sir.

[01:12:50]>> Oh sorry what >> have you spoken with investigator Jordan?

[01:12:54]>> Uh yes sir.

[01:12:56]>> Did you not tell him he took one maybe two steps and then fell? Uh, I believe I did.

[01:13:04]>> I I believe I did.

[01:13:06]>> Okay. Are you changing your testimony today for any reason or do you stand by that statement?

[01:13:11]>> That's exactly how he answered the question. We're mischaracterizing what the witness said. He answered it exactly as um the solicitor just asked the second time.

[01:13:19]>> Overall, not the witness can explain it as he needs to.

[01:13:24]>> You previously said he gets shot, takes one, maybe two steps, and then falls.

[01:13:29]doesn't get back up. Right.

[01:13:31]>> Um I I did say those words.

[01:13:34]>> Okay.

[01:13:36]So tell me then about where tell me when to stop where he was when he you remember him getting shot.

[01:13:46]>> It'll be about there.

[01:13:48]>> There.

[01:13:48]>> Yes sir.

[01:13:49]>> Okay. So if that's one two steps, he must have really been moving.

[01:13:55]He must have been moving pretty fast trying to get up that hill. If that's one to two steps carried him that far, right?

[01:14:01]>> Um, well, there would have been more steps before the one or two that I saw.

[01:14:09]>> Listen, your prior testimony, I want to be very clear, call it slope. Your prior testimony was this. He gets shot, takes one or two steps, and falls.

[01:14:22]Do you deny that?

[01:14:23]>> No, sir.

[01:14:24]>> Okay, we're clear on that now. We don't have to go back and forth on that anymore, do we?

[01:14:29]>> Uh, yes, sir.

[01:14:30]>> Shot one or two steps false. We're clear on that.

[01:14:35]Are we clear on that?

[01:14:37]>> Yes, sir.

[01:14:38]>> Okay. Let me ask you again.

[01:14:43]This is where you didn't move him, did you? After he fell to the ground, did you did you drag him anywhere? You >> No, sir. Just flipped him.

[01:14:49]>> Okay. Well, then this is where he came to rest, finally. Correct.

[01:14:54]>> Yes, sir.

[01:14:55]Where was he shot? If it's one or two steps away, tell me when.

[01:15:06]>> It would be around there.

[01:15:08]>> Okay. Look at that. Look at that, Andy.

[01:15:10]>> Yes, sir.

[01:15:11]>> You're a You're a uh I don't know, division one level swimmer, right? What do you do? The 150 meter >> division? Not division one. No, sir.

[01:15:21]>> Academy. You were a swimmer there. All state. Yes, sir.

[01:15:24]>> You're familiar with distances, right?

[01:15:26]>> Um, >> in yards.

[01:15:28]>> Just yards.

[01:15:29]>> Yes, sir.

[01:15:31]>> You're familiar, too, with my stride being what it is when I'm walking, but when I'm sprinting, I'm taking a lot bigger steps.

[01:15:36]>> Oh, yes, sir.

[01:15:37]>> He was really moving.

[01:15:40]If we are to understand that he shot right here and that's one or two steps away, he must have been sprinting up that hill.

[01:15:53]I mean, from that point, it was not one or two steps.

[01:15:58]>> That's right. Well, no, I thought we were clear on that. We already said one or two steps back after we shot up. We got to clear that up. I thought >> I mean I I just been explaining to you what it what it was.

[01:16:11]>> Yeah. I thought we were clear. He got shot, took one or two steps, and fell.

[01:16:15]But maybe we weren't.

[01:16:19]Okay.

[01:16:49]One or two steps. fell at this point.

[01:16:52]How far out into the road are you?

[01:16:54]You've already must have You're backpedaling up Spring Tree. I remember that. How far up in the middle of Spring Tree are you?

[01:17:01]>> Um, so the two the two lines in the middle of the road. I'm about on the right about past it just a little bit.

[01:17:11]>> Can I see states 26 one more time, Stephanie?

[01:17:22]All right, we talked about this is about where he fell. The jab was about right there when he fired the shot. We know he comes to rest and passes away somewhere right in this area. Correct.

[01:17:34]>> Correct, Andy.

[01:17:36]>> Um, no. It'd be a bit further down >> down to the left.

[01:17:45]>> Is that right? Uh, and then to the left more to >> the left. Okay. Right there.

[01:17:49]>> Uh, it would be around there.

[01:17:51]>> Okay.

[01:17:53]And so, um, he was shot his back. You know that, right?

[01:17:57]>> Yes, sir.

[01:17:58]>> All right. He's right here. Okay. When he's shot, you're aware now.

[01:18:03]>> I would be at the double lines.

[01:18:06]>> Okay. You've had a chance at this point to somehow get all the way back up here. How long did it take you to back pedal all that way?

[01:18:19]>> I'm not sure.

[01:18:20]>> Okay.

[01:18:21]>> Maybe.

[01:18:25]How long, how many seconds or how much time do you think passed between when you saw he had a gun, you start backpedaling, you yell to your dad, he's got a gun, you're still backpedaling, and then your dad fires a shot. How many How much time?

[01:18:55]around 10 seconds.

[01:18:56]>> 10 seconds.

[01:18:58]>> Okay.

[01:19:03]>> When did Cyrus fire that gun?

[01:19:07]>> Uh, he did not.

[01:19:09]>> He had 10 seconds to fire the gun and he didn't.

[01:19:13]Um, well, you said from when he fell to the ground >> to when he was shot.

[01:19:19]>> Yeah.

[01:19:20]>> 10 seconds.

[01:19:21]>> Yes, sir.

[01:19:22]>> Okay. So, in 10 seconds, he hits the ground. He's getting up. He's aiming at you, but he's continuing to move forward and you're backpedaling with him up the road. And 10 seconds of this is going on. Your dad's just watching from behind and you're yelling gun. And that all happens like within 10 second period of time.

[01:19:42]>> Yes. And then when I after I see the gun, I say, "There's a gun. There's a gun." It's probably 5 seconds now.

[01:19:51]>> Okay. 10 seconds from when he hit the ground. You see it? And then he shot.

[01:19:56]>> Yes, sir.

[01:19:57]>> Okay. And then that pistol laid on the ground the entire time. And I mean I I don't know if we need to watch it, but the body cam footage, it shows you and your dad kind of just walking around the scene and hanging out as law enforcement's roping off the area and everything. You remember that?

[01:20:15]>> I was not walking around the scene.

[01:20:17]>> You don't remember if I showed you some body cam footage? I mean, they taught me on the side of the road. Do you remember that?

[01:20:22]>> I stayed out away from the scene.

[01:20:24]>> Okay. Well, I'm just going But you were right around where the tack light and the shell casing were found, correct?

[01:20:29]>> Yes, sir. And you know, people are walking up and down the road and all around the scene. Do you not remember that?

[01:20:35]>> Uh, I do remember that. Okay.

[01:20:39]>> And the Taurus pistol laid right there beside those trees the entire time.

[01:20:43]Unless somebody else moved it. Did you ever get moved beside your dad?

[01:20:46]>> Uh, I did not see it at all after um it was tossed to the side. Even though it's right there, right there by your feet >> when it's tossed.

[01:21:02]>> Right there.

[01:21:03]>> I was going to man.

[01:21:07]>> Okay. And then it later after he shot, your dad throws it out there kind of near where you were standing.

[01:21:13]>> Um, no. It was off to the side and I went over to uh the young man.

[01:21:20]>> Okay. It's found right there.

[01:21:22]Have you ever seen this before?

[01:21:25]>> There's a pistol right there >> and you guys are all walking around when law enforcement shows up.

[01:21:29]>> I'm in the parking lot or I'm in the parking lot. Yes, sir.

[01:21:34]>> You're all over this thing in the body cam walking around. They interview you down here by those two poles.

[01:21:40]>> I stayed I did not walk around the scene.

[01:21:44]>> Um Andy, one second.

[01:21:55]Um well a minute ago too you testified that um as he's trying to run and you're backpedaling up with him your dad says drop it and he says no remember you testified to that Mr. When when have you ever said that before? Mischaracterates.

[01:22:13]That's not what the witness.

[01:22:15]>> I'll let the witness correct.

[01:22:20]>> What did you say? Did you not misremember that?

[01:22:23]>> Um, so what I said, my dad said.

[01:22:29]>> What? I >> just correct me if I'm wrong, but I thought I heard earlier uh your dad, you told your dad he's got a gun.

[01:22:37]>> Yes, sir. Your dad said drunk and Cyrus said no.

[01:22:41]>> No.

[01:22:46]I said I heard my dad say that where he said drop it. Drop it.

[01:22:51]>> Yeah.

[01:22:51]>> And my dad said no.

[01:22:53]>> It was my dad that said that. And then he fired the shot.

[01:22:58]>> Why' your dad say no? I don't understand.

[01:23:00]>> I'm not sure either.

[01:23:02]>> Okay. So if I did you misspeak earlier or did I misunderstand? I thought I heard you say Cyrus something there.

[01:23:09]>> Uh maybe you misheard.

[01:23:11]>> So I I meant my dad said >> okay. Okay. Okay. Cyrus didn't say anything.

[01:23:16]>> No sir.

[01:23:17]>> Okay.

[01:23:18]>> Or I don't hear him say anything.

[01:23:20]>> Okay. That must have been this hurt. I'm sorry.