In criminal trials, prosecutors use cross-examination to test witness credibility by highlighting inconsistencies in testimony and establishing causation between actions and outcomes, as demonstrated when a prosecutor challenged a witness about whether a fatal shooting would have occurred if the victim and witness had remained inside the gas station.
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Prosecutor Yells at Gas Station Owner's Son Over Fatal ShootingAdded:
Take a breath for me.
I'm going to ask you some questions and first I want to go and I guess it's hard getting peppered with questions and make sure your memory is perfect from 3 years ago. Is that a fair statement?
>> Yes, sir.
>> And the first thing I think you were getting yelled at about was that you had never given a statement about the rope, seeing him throw something. You remember those questions that they're like, "You didn't say that.
You didn't say this. You didn't say this." Do you remember that?
>> Yes, sir.
>> And if not mistaken there are four times where you were at asked You were asked on a body worn camera.
>> Yes, sir.
>> All right.
In store.
Then you were interviewed.
And then you had formally given testimony all about something being thrown. Do you remember that?
>> Uh yes, sir.
>> So first let's talk about on scene.
And when we're on scene with the body worn camera, like the first time you see highlighted what you told the officer?
>> Uh yes, sir.
>> What did you tell the officer on scene?
>> Um he had threw stuff out at the corner right there and he was running back down this way and then I caught up to him once and then he kept going.
>> So first and it's been suggested that you didn't say it and didn't see it, but on scene first time, one time, he threw something. Right?
And then they talked about in in you in the store. Do you remember that?
>> Uh yes, sir.
>> Looking at line 28 in the store, what did you say in store?
>> Oh, I saw him throw something out at the corner down there.
>> So number two.
Second time now.
>> Then they asked you about a later interview.
You want me to do an interview with law enforcement they were asking you about.
You just read that.
>> Started sprinting just myself.
>> Yeah, read it to yourself.
Do you remember that?
Third time now you told law enforcement that you saw him throw something.
>> Yes, sir.
>> So, yes?
>> Yes, sir.
>> And then you formally testified a fourth time under oath.
Do you remember that?
>> Yes, sir.
>> What was your testimony then?
>> Can I read it?
>> Yeah, go ahead.
>> I get to the bottom of the parking lot before the road and I had seen him throw two cell phones out and so I stopped to look at where he had thrown.
>> And so when you were being asked questions just now on cross-examination you kept trying to tell the solicitor I said he threw these, remember?
>> Yes, sir.
>> And you were saying, "No, you didn't."
Is that Is that a fair statement?
>> Yes, sir.
>> I just showed you four separate times as close to the incident so you were correct in what you were saying.
>> Objection, your honor.
Sustained.
>> It is hard being up there being cross-examined about your memory. Is that a fair statement?
>> Yes, sir.
>> Mr. Lester was asking you a lot of questions but one of the things that were clear on there was a gun pointed in your face that day.
>> Yes, sir.
>> Questions were being asked of you and all no embarrassment or so forth but there's questions asked to you about how were running and came to a stop. Okay, first I want you to tell the jury again what happened from the point in time when you were running and caught up. Tell the jury again.
>> Okay. So, I caught up to So, he had fallen on his um on a flat.
And so, I was running um full speed and I catch up to him.
>> Let me stop you right there.
He's lying flat on his Just flat down. He's on his stomach?
>> Yes, sir.
>> Which way? Can you have him facing you?
Or let's have him facing this way. Just just for example purposes.
>> Lay flat that way, correct. Just flat down. Sorry about the suit.
>> Okay. And so, he's laying flat down, correct?
>> Yes, sir.
>> And you said you were running up to him.
>> Yes, sir.
>> And then what happened? You slowed down immediately?
>> I slowed down coming to the curve.
>> Uh-huh.
>> And then I see there's something in his hand.
>> Uh-huh.
>> And when I get closer um and he he's starting to get up.
>> Okay.
>> And he points the gun over at me.
>> All right. And so, you're going and so, the question of course from the solicitor how can you stop and start going this way? And you were talking about momentum.
>> Yes, sir.
>> So, it's something like that, right?
>> Yes, sir.
>> Wow.
Did that seem Did that seem impossible?
>> No, sir.
>> And so, your testimony is you were going full speed.
Someone starts to stand up.
And then your momentum cuz you see what's going on.
>> Yes, sir.
>> Thank you. Thank you for that.
Did that seem impossible just now?
>> No, sir.
>> was a gun pointed in your face?
>> Yes, sir.
>> How did it make you feel at the All this other stuff, all these back and forth, how did it make you feel when a gun was pointed directly in your face?
>> I was terrified.
>> Terrified that what was going to happen?
>> That I would die.
>> And what did you do? Who did you yell to?
>> I yelled to my dad.
>> And what were you yelling to your dad?
>> He's He's got a gun. He's got a gun.
>> And your dad, wherever he was, what was he yelling?
>> Drop it.
Drop it.
And no.
>> And what was Cyrus doing?
>> Pointing the gun at me.
And running.
>> Is that about right?
>> Yes, sir.
>> Thank you. No further questions.
>> Ready cross.
Who put you and your father in that position?
Who put you and your father at that location on Spring Tree Drive?
>> Um I put myself there.
>> It's okay. Who put your dad there? Uh Did you drag him along? Did anybody make your dad go up the hill 130 yd from your store, leaving the cash register unmanned? Who made him go up there 130 yd away?
>> Uh uh I can I Can I say what he >> Who made him go up there?
>> I I don't know if I can now.
>> I'm asking you a very Did you make him go up there?
>> I did I myself did not make him go.
>> Was he up there against his will? Did somebody drag your dad from his office all the way up that road to where Cyrus Carmack Belton was shot there >> Uh no, sir.
>> Who drove him up there?
>> I would say he just himself.
>> He ran himself up there, did he not?
>> That's what I would have thought I'd seen. Yes, sir.
>> Is there a reason you can't answer my question with a yes or no to me?
>> Because I was told I can't testify for someone else or say >> You can say everything you saw and you know to be true.
>> Okay, yes, sir.
>> Okay, and the judge will correct me if I'm wrong, but that's how I've always understood it, witness testifying.
Do you have any reason to believe that your dad was up there against his will?
>> No, sir.
>> Okay.
He voluntarily ran up Spring Tree Drive to where Cyrus Carmack Belton was shot, correct?
>> Uh, yes, sir.
>> Correct?
>> Uh, yes, sir.
>> And nobody stopped him from calling 911?
To your knowledge?
>> No, sir.
>> Nobody stopped him from printing up these pictures of Mr. Belton.
Correct?
>> Uh, to my knowledge, no, sir.
>> Nobody made him leave the Shell gas station that day, right?
>> Uh, no. To my knowledge, no, sir.
>> He did it on his own, with his own free will, correct?
>> Uh, yes, sir.
>> The shooting doesn't happen if everybody stays in the Shell gas station that day, correct?
>> Everyone?
Yes, sir.
>> It doesn't happen, correct?
>> Uh, yes, sir.
>> I'm correct in saying that is what you're saying?
>> Yes, sir.
>> Shooting doesn't happen if everybody stays put in the Shell gas station, correct?
>> Yes, sir.
>> Thank you.
>> If they know briefly
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