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SUPERIOR COURT OF THE STATE OF CALIFORNIA
CENTRAL JUSTICE CENTER, COUNTY OF ORANGE
IN RE THE PROCEEDINGS OF:
THE PEOPLE OF THE STATE OF CALIFORNIA, )
)
PLAINTIFF, )
)
VS. ) NO. 12ZF0128
)
SCOTT EVANS DEKRAAI, )
)
DEFENDANT. )
________________________________________)
TRANSCRIPT OF PROCEEDINGS
JANUARY 17, 2012
APPEARANCES:
ANTHONY RACKAUKAS, DISTRICT ATTORNEY
BY: DAN WAGNER, ASSISTANT DISTRICT ATTORNEY
SCOTT SIMMONS, SENIOR DEPUTY
(ROBERT J. SULLIVAN, CERTIFIED SHORTHAND REPORTER,
WAS DULY SWORN BY THE FOREPERSON OF THE GRAND JURY, AFTER
WHICH THE FOLLOWING PROCEEDINGS WERE HAD:)
9
1 ENHANCEMENT, PERSONAL USE OF A HANDGUN DURING THE COMMISSION
2 OF THE CRIMES.
3 SO WITH THAT BEING SAID, JUST AS A WAY OF
4 INTRODUCTION, I THINK NOW WE ARE PREPARED TO CALL WITNESSES
5 AND BEGIN THE FORMAL PRESENTATION OF EVIDENCE, MR. FOREMAN,
6 IF YOU SO APPROVE.
7 THE GRAND JURY FOREPERSON: PLEASE CALL YOUR FIRST
8 WITNESS.
9 MR. WAGNER: THANK YOU, THE FIRST WITNESS WE WOULD CALL
10 IS GORDON GALLEGO.
11 (WHEREUPON GORDON GALLEGO ENTERED THE GRAND JURY
12 ROOM.)
13 THE GRAND JURY FOREPERSON: GOOD MORNING. PLEASE STAND
14 RIGHT THERE AND RAISE YOUR RIGHT HAND.
15 GORDON GALLEGO,
16 CALLED AS A WITNESS BEFORE THE GRAND JURY, HAVING BEEN DULY
17 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
18 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE STATE YOUR
19 NAME AND SPELL IT FOR OUR RECORD.
20 THE WITNESS: GORDON GALLEGO; G-O-R-D-O-N,
21 G-A-L-L-E-G-O.
22 THE GRAND JURY FOREPERSON: THANK YOU, PLEASE BE
23 SEATED.
24 THE WITNESS: (WITNESS COMPLIES).
25 THE GRAND JURY FOREPERSON: THERE IS SOME WATER THERE
26 FOR YOU.
10
1 IF YOU WOULD TURN THAT MICROPHONE AROUND.
2 AS YOU TESTIFY, COULD YOU PLEASE SPEAK INTO THE
3 MICROPHONE AND ADDRESS THE JURY. AND YOU WILL BE ABLE TO
4 SEE ON THAT COMPUTER SCREEN THERE ANY EXHIBITS THE DISTRICT
5 ATTORNEY PRESENTS. OKAY.
6 MR. DISTRICT ATTORNEY, THE WITNESS IS YOURS.
7 MR. WAGNER: THANK YOU, MR. FOREMAN.
8 EXAMINATION
9 Q. BY MR. WAGNER: GOOD MORNING, MR. GALLEGO.
10 A. GOOD MORNING.
11 MR. WAGNER: LADIES AND GENTLEMEN, CAN YOU HEAR HIM
12 WHEN HE SPEAKS INTO THE MICROPHONE? VERY GOOD.
13 Q. BY MR. WAGNER: MR. GALLEGO, BEFORE WE BEGIN I
14 WOULD LIKE TO ADVISE YOU THAT YOU ARE NOW APPEARING BEFORE A
15 DULY CONSTITUTED GRAND JURY WHICH IS INVESTIGATING POSSIBLE
16 VIOLATIONS OF STATE CRIMINAL LAW.
17 DO YOU UNDERSTAND THAT?
18 A. YES.
19 Q. YOU HAVE BEEN PLACED UNDER OATH JUST A MOMENT
20 AGO, AND THAT MEANS THAT YOUR TESTIMONY HERE TODAY HAS THE
21 SAME FORCE AND EFFECT AS IF YOU WERE IN A COURT OF LAW.
22 DO YOU UNDERSTAND THAT?
23 A. YES.
24 Q. AND THAT MEANS THAT YOU HAVE AN OBLIGATION TO
25 TELL THE TRUTH AND NOTHING BUT THE TRUTH IN THIS PROCEEDING,
26 OR YOU COULD SUBJECT YOURSELF TO A POSSIBLE PROSECUTION FOR
11
1 PERJURY.
2 DO YOU UNDERSTAND THAT?
3 A. YES.
4 Q. ALL RIGHT. HAVING SAID ALL THAT, I NOW WANT TO
5 ASK YOU SOME QUESTIONS. THE FOCUS OF MY QUESTIONS WILL GO
6 TOWARDS A PARTICULAR DAY LAST OCTOBER, SPECIFICALLY OCTOBER
7 12TH OF 2011; ALL RIGHT, MR. GALLEGO.
8 A. YES.
9 Q. CAN YOU TELL US WHERE YOU WERE EMPLOYED AS OF
10 THAT DAY?
11 A. SALON MERITAGE.
12 Q. WOULD YOU TELL US WHAT TYPE OF A BUSINESS SALON
13 MERITAGE IS?
14 A. IT IS A HAIR SALON.
15 Q. WHERE IS IT LOCATED?
16 A. 500 EAST PACIFIC COAST HIGHWAY, SUITE 100, SEAL
17 BEACH, CALIFORNIA.
18 Q. YOU SAID THAT IS IN SEAL BEACH?
19 A. YES.
20 Q. THAT IS IN THE COUNTY OF ORANGE?
21 A. YES.
22 Q. HOW LONG, AS OF OCTOBER 2011, HAD YOU BEEN
23 EMPLOYED AT SALON MERITAGE?
24 A. ABOUT 12 YEARS.
25 Q. AND WHAT WAS THE NATURE OF YOUR EMPLOYMENT THERE?
26 A. INDEPENDENT CONTRACTOR.
12
1 Q. OKAY.
2 A. HAIRSTYLIST.
3 Q. AS A HAIRSTYLIST THERE?
4 A. YES.
5 Q. WERE THERE OTHER HAIRSTYLISTS THAT WORKED AT THE
6 SALON BESIDES YOURSELF?
7 A. YES.
8 Q. APPROXIMATELY HOW MANY?
9 A. 10.
10 (FOR I.D. = GRAND JURY EXHIBIT 19)
11 Q. BY MR. WAGNER: ALL RIGHT. I AM GOING TO SHOW YOU
12 WHAT WE HAVE MARKED AS EXHIBIT 19, AND I AM GOING TO NOW
13 PROJECT THIS ON THE SCREEN.
14 DO YOU SEE THERE ON THE SCREEN A DIAGRAM?
15 A. YES.
16 Q. ON THE TOP RIGHT CORNER OF THE DIAGRAM, EXHIBIT
17 19, IT SAYS SALON MERITAGE; YOU SEE THAT?
18 A. YES.
19 Q. GRANTED THIS IS NOT TO SCALE, SO WE ARE NOT
20 TALKING ABOUT SPECIFIC MEASUREMENTS OR ANGLES, BUT DOES THIS
21 ROUGHLY LOOK LIKE A FLOOR PLAN OF SALON MERITAGE?
22 A. YES.
23 Q. THAT WOULD BE ROUGHLY THE CONFIGURATION THAT IT
24 WAS IN ON OCTOBER 12TH OF 2011?
25 A. YES.
26 Q. IT SEEMS ON THIS, JUST TO ORIENT OURSELVES, IT
13
1 SEEMS ON THE LEFT SIDE OF THE DIAGRAM OF EXHIBIT 19 THERE IS
2 A DOOR; DO YOU SEE THAT?
3 A. YES.
4 Q. IS THAT SORT OF AN EXTERIOR DOOR THAT WOULD BE
5 WHAT YOU MIGHT CALL AN ENTRANCE INTO THE BUSINESS?
6 A. IT IS.
7 Q. AND THEN TOWARDS THE TOP IT LOOKS LIKE THERE IS
8 ANOTHER AREA THAT LOOKS LIKE A DOOR; IS THAT A SECOND
9 ENTRANCE EXIT?
10 A. YES.
11 (FOR I.D. = GRAND JURY EXHIBIT 24)
12 Q. BY MR. WAGNER: I AM GOING TO ALSO SHOW YOU WHAT
13 HAS BEEN MARKED AS EXHIBIT 24, THIS IS A PHOTOGRAPH, AND I
14 WILL HAVE YOU LOOK AT EXHIBIT 24 WHICH I WILL NOW PROJECT.
15 OBVIOUSLY I SHOULD PUT IT RIGHT SIDE UP. OKAY. HIT A
16 LITTLE ZOOM THERE.
17 AS YOU LOOK AT EXHIBIT 24, DO YOU RECOGNIZE WHAT
18 IS DEPICTED IN THAT PHOTOGRAPH?
19 A. YES.
20 Q. WOULD YOU TELL US WHAT THAT IS.
21 A. THAT IS WHAT WE CALL THE SIDE DOOR INTO THE
22 SALON.
23 Q. SO IS THIS SALON MERITAGE THAT IS DEPICTED HERE
24 IN THIS PHOTO?
25 A. YES, IT IS.
26 Q. IN FACT, I THINK WE CAN READ THAT ON THE AWNING
14
1 ABOVE THE DOOR?
2 A. YES.
3 Q. YOU SAID THIS IS THE SIDE ENTRANCE (INDICATING),
4 THE DOOR THAT I AM POINTING TO IN THE SIDE OF THE
5 PHOTOGRAPH?
6 A. YES.
7 Q. AS WE REFER BACK TO EXHIBIT 19, THE DIAGRAM, IS
8 THE SIDE DOOR WE HAD JUST SEEN IN EXHIBIT 24 THE DOOR ON THE
9 LEFT SIDE OF THE DIAGRAM THAT I AM POINTING TO HERE
10 (INDICATING)?
11 A. YES.
12 MR. WAGNER: ALL RIGHT. WE WILL GO BACK ON TO 24 THEN.
13 (FOR I.D. = GRAND JURY EXHIBIT 20)
14 Q. BY MR. WAGNER: THEN I AM GOING TO SHOW YOU WHAT
15 HAS BEEN MARKED AS EXHIBIT 20, AND THIS IS AN AERIAL
16 PHOTOGRAPH. HOPEFULLY THAT WILL COME BACK ON. THE WITNESS
17 UNFORTUNATELY DOES NOT HAVE IT. THERE WE GO. OKAY. THANK
18 YOU FOR THE ASSISTANCE.
19 MR. GALLEGO, NOW I AM SHOWING YOU WHAT HAS BEEN
20 MARKED AS EXHIBIT 20, WHICH IS DESCRIBED AS AN AERIAL PHOTO
21 OF A BUSINESS COMPLEX IN SEAL BEACH. DO YOU SEE ON THAT
22 PHOTOGRAPH A BUILDING IN THE CENTER OF THE PHOTOGRAPH?
23 A. YES.
24 Q. AND THIS IS A BUILDING THAT WOULD HOUSE MULTIPLE
25 BUSINESSES, CORRECT?
26 A. CORRECT.
15
1 Q. AND RIGHT WITHIN THE CENTER OF THE PHOTOGRAPH
2 TOWARDS WHAT I WOULD CALL THE BOTTOM OF THE LARGE BUILDING
3 DEPICTED, IS THAT THE AREA WHERE SALON MERITAGE IS, WHERE I
4 AM SHOWING WITH MY PEN RIGHT HERE (INDICATING)?
5 A. YES.
6 Q. JUST TO ORIENT THE STREETS, I GUESS TOWARDS THE
7 BOTTOM OF THE PHOTOGRAPH WE SEE FIFTH STREET LABELED AS ONE
8 OF THE STREETS?
9 A. YES.
10 Q. AND THIS BUSINESS COMPLEX IS SORT OF TRIANGULAR
11 IN SHAPE, IS IT NOT?
12 A. YES.
13 Q. AND IF I AM NOT MISTAKEN, THEN TO THE LOWER LEFT
14 JUST OFF THE CAMERA THERE WOULD BE PACIFIC COAST HIGHWAY
15 (INDICATING)?
16 A. YES.
17 Q. WHERE MY PEN IS IN THE LOWER LEFT (INDICATING)?
18 A. YES.
19 Q. PACIFIC COAST HIGHWAY SORT OF BORDERS THE
20 BUSINESS COMPLEX ON THE OTHER END OF THE TRIANGLE?
21 A. YES.
22 Q. VERY GOOD.
23 AT SALON MERITAGE YOU SAID THERE WERE OTHER HAIR
24 STYLISTS BESIDES YOURSELF; IS THAT CORRECT?
25 A. CORRECT.
26 (FOR I.D. = GRAND JURY EXHIBIT 2)
16
1 Q. BY MR. WAGNER: I AM NOW GOING TO SHOW YOU WHAT IS
2 MARKED AS EXHIBIT 2 AND ASK YOU TO TAKE A LOOK AT EXHIBIT 2.
3 DO YOU RECOGNIZE THE PERSON IN THE PHOTOGRAPH OF
4 EXHIBIT 2 AS A PERSON WHO WAS ALSO A HAIRSTYLIST IN OCTOBER
5 OF 2011 AT SALON MERITAGE?
6 A. YES.
7 Q. AND WAS HER NAME MICHELLE FOURNIER?
8 A. YES.
9 Q. OKAY. HOW LONG, OF THE 12 YEARS THAT YOU WORKED
10 AT SALON MERITAGE, HOW MANY OF THOSE YEARS DID MICHELLE
11 FOURNIER ALSO WORK AT SALON MERITAGE AS A HAIRSTYLIST?
12 A. THE ENTIRE TIME.
13 Q. SO IS IT ACCURATE TO SAY THAT YOU HAD KNOWN HER
14 FOR APPROXIMATELY 12 YEARS?
15 A. YES.
16 Q. DURING THE COURSE OF THAT 12 YEARS, WAS THERE A
17 PERIOD OF TIME WHERE SHE WAS MARRIED AND TOOK A DIFFERENT
18 LAST NAME THAN FOURNIER?
19 A. YES.
20 Q. AND WAS THAT, DID YOU MEET THE INDIVIDUAL WHOM
21 WAS HER HUSBAND DURING THAT SEASON OF LIFE FOR HER?
22 A. YES.
23 Q. I AM GOING TO SHOW YOU WHAT HAS BEEN MARKED -- OR
24 COULD YOU TELL US THE NAME OF THAT INDIVIDUAL WHO WAS HER
25 HUSBAND DURING THAT PERIOD OF TIME?
26 A. SCOTT DEKRAAI.
17
1 (FOR I.D. = GRAND JURY EXHIBIT 1)
2 BY MR. WAGNER: I WOULD LIKE TO SHOW YOU WHAT HAS BEEN
3 MARKED AS EXHIBIT 1, A PHOTOGRAPH. AND YOU SEE THE
4 INDIVIDUAL DEPICTED IN EXHIBIT 1?
5 A. YES.
6 Q. AND DO YOU RECOGNIZE HIM?
7 A. YES.
8 Q. WOULD YOU TELL US WHO THAT IS?
9 A. SCOTT DEKRAAI.
10 Q. IS THAT THE SAME SCOTT DEKRAAI WHO WAS AT ONE
11 TIME MARRIED TO MICHELLE FOURNIER?
12 A. YES.
13 Q. BACK ON EXHIBIT 2, THE PICTURE OF MICHELLE
14 FOURNIER, DID YOU KNOW ABOUT HOW LONG BEFORE OCTOBER OF 2011
15 HAD MS. FOURNIER CHANGED HER NAME FROM DEKRAAI BACK TO
16 FOURNIER?
17 A. (NO RESPONSE).
18 Q. WAS IT A RECENT EVENT, OR WAS IT SOMETHING THAT
19 HAD BEEN MONTHS OR YEARS BEFORE THAT?
20 A. YEARS.
21 Q. OKAY. AND WERE YOU AWARE, DID YOU EVER MEET A
22 CHILD WHOM YOU KNEW TO BE THE SON OF MICHELLE FOURNIER AND
23 SCOTT DEKRAAI?
24 A. YES.
25 Q. AND WHAT WAS HIS NAME?
26 A. DOMINIC.
18
1 Q. AND IN OCTOBER OF 2011, WOULD DOMINIC HAVE BEEN
2 ABOUT AN EIGHT-YEAR OLD BOY?
3 A. YES, SEVEN, I THINK.
4 Q. IN THE MONTHS PRECEDING OCTOBER 2011, WOULD
5 MICHELLE SOMETIMES HAVE TO BE ABSENT FROM WORK IN ORDER TO
6 GO TO COURT?
7 A. YES.
8 Q. AND DID YOU BECOME AWARE THAT THAT WAS A RESULT
9 OF LITIGATION CONCERNING LEGAL CUSTODY OVER DOMINIC?
10 A. YES.
11 Q. AND WOULD YOU SEE MICHELLE BEING AT WORK UPSET,
12 IN AN UPSET FRAME OF MIND SOMETIMES BECAUSE OF THE LEGAL
13 CUSTODY BATTLE GOING ON OVER HER SON?
14 A. YES.
15 MR. WAGNER: I AM GOING TO SHOW YOU WHAT HAS BEEN
16 MARKED AS EXHIBIT 3, AND ASK YOU TO TAKE A LOOK AT EXHIBIT
17 3.
18 (FOR I.D. = GRAND JURY EXHIBIT 3)
19 Q. BY MR. WAGNER: EXHIBIT 3 IS A DEPARTMENT OF MOTOR
20 VEHICLES RECORD CONCERNING ONE CHRISTY LYNN WILSON, CORRECT?
21 A. YES.
22 Q. AND DO YOU RECOGNIZE THE PERSON DEPICTED IN THAT
23 PHOTO?
24 A. YES.
25 Q. AND WAS THAT -- IS THAT CHRISTY WILSON?
26 A. YES.
19
1 Q. DID YOU KNOW CHRISTY WILSON?
2 A. YES.
3 Q. HOW DID YOU KNOW HER?
4 A. WORK AND SOCIAL.
5 Q. AND WHEN YOU SAY WORK, IS THAT TO SAY THAT SHE
6 WAS ALSO EMPLOYED AT SALON MERITAGE?
7 A. YES.
8 Q. HOW LONG HAD YOU KNOWN CHRISTY?
9 A. 12 YEARS ALSO.
10 (FOR I.D. = GRAND JURY EXHIBIT 4)
11 Q. BY MR. WAGNER: I AM GOING TO SHOW YOU WHAT IS
12 MARKED AS EXHIBIT 4, AGAIN A D.M.V. RECORD CONCERNING ONE
13 RANDY LEE FANNIN; DO YOU RECOGNIZE THE PERSON WHO IS
14 DEPICTED IN THAT PHOTO?
15 A. YES.
16 Q. AND WHO DO YOU KNOW THAT TO BE?
17 A. RANDY FANNIN.
18 Q. AND HOW IS IT THAT YOU KNEW RANDY FANNIN?
19 A. HE IS THE OWNER OF THE SALON.
20 Q. AND SO THIS WOULD HAVE BEEN, I GUESS, SORT OF
21 YOUR BOSS THERE --
22 A. CORRECT.
23 Q. -- AT THE SALON MERITAGE.
24 DID HE ALSO WORK AS A HAIRDRESSER THERE AT THE
25 STORE?
26 A. YES.
20
1 (FOR I.D. = GRAND JURY EXHIBIT 6)
2 Q. BY MR. WAGNER: I AM GOING TO SHOW YOU WHAT HAS
3 BEEN MARKED AS EXHIBIT 6, D.M.V. RECORD CONCERNING AN
4 INDIVIDUAL NAMED VICTORIA ANN BUZZO.
5 A. SORRY.
6 Q. MR. GALLEGO, IF AT ANY TIME YOU WANT TO TAKE A
7 PAUSE, IT IS NOT A PROBLEM.
8 A. OKAY.
9 Q. YOU SHARED WITH ME BEFORE, I BELIEVE, THAT
10 MS. BUZZO WAS A VERY CLOSE FRIEND OF YOURS?
11 A. YES.
12 Q. DID SHE ALSO WORK AT SALON MERITAGE?
13 A. YES.
14 Q. AS A HAIRDRESSER?
15 A. YES.
16 Q. THIS IS THE PERSON DEPICTED IN EXHIBIT 6,
17 CORRECT?
18 A. YES.
19 (FOR I.D. = GRAND JURY EXHIBIT 8)
20 Q. BY MR. WAGNER: I AM GOING TO SHOW YOU WHAT HAS
21 BEEN MARKED AS EXHIBIT 8, A D.M.V. RECORD CONCERNING ONE
22 LAURA LEE ELODY; DO YOU SEE THE PERSON DEPICTED IN EXHIBIT
23 8?
24 A. YES.
25 Q. AND DID YOU KNOW HER?
26 A. YES.
21
1 Q. HOW DID YOU KNOW HER?
2 A. SHE IS ALSO A HAIRSTYLIST.
3 Q. AND WAS SHE A CLOSE FRIEND OF YOURS ALSO?
4 A. YES, SHE WAS.
5 Q. THE PEOPLE WHO WORKED AT SALON MERITAGE, WHAT WAS
6 THE NATURE, WAS IT SIMPLY A BUSINESS RELATIONSHIP THAT YOU
7 HAD WITH YOUR CO-WORKERS?
8 A. NO.
9 Q. COULD YOU EXPLAIN TO US.
10 A. EVERY CHRISTMAS WE WERE -- WE WOULD GO ON WEEKEND
11 AS OUR CHRISTMAS PARTY, EVERY YEAR WE WOULD GO AWAY FOR THE
12 WEEKEND AS A SALON AND SPOUSES, AND SPEND THE HOLIDAY
13 TOGETHER.
14 Q. AND DID YOU DEVELOP A RELATIONSHIP THAT WAS MORE
15 THAN JUST BUSINESS WITH THE PEOPLE YOU WORKED WITH?
16 A. CORRECT.
17 Q. HOW DID YOU CONSIDER THEM TO BE IN RELATION TO
18 YOURSELF?
19 A. MY FAMILY.
20 Q. OKAY. AND THAT WOULD INCLUDE MS. ELODY, WHO IS
21 DEPICTED IN EXHIBIT 8?
22 A. YES.
23 Q. WAS HER MAIDEN NAME, THIS LAURA LEE ELODY, WAS
24 HER MAIDEN NAME WEBB, W-E-B-B?
25 A. YES.
26 Q. AND IS THAT THE NAME YOU KNEW HER BY?
22
1 A. YES.
2 Q. DID YOU KNOW MS., I THINK I WILL CONTINUE TO CALL
3 HER ELODY, SINCE THAT'S WHAT THE D.M.V. KNEW HER AS, DID YOU
4 KNOW MS. ELODY'S MOTHER?
5 A. I DID.
6 (FOR I.D. = GRAND JURY EXHIBIT 9)
7 Q. BY MR. WAGNER: I AM GOING TO SHOW YOU WHAT HAS
8 BEEN MARKED AS EXHIBIT 9, EXHIBIT 9 IS A D.M.V. RECORD
9 CONCERNING ONE HARRIET STRETZ; DO YOU SEE THE INDIVIDUAL
10 DEPICTED IN EXHIBIT 9?
11 A. YES.
12 Q. WHO DO YOU KNOW THAT TO BE?
13 A. HATTIE.
14 Q. AND HOW DID YOU COME TO KNOW HATTIE?
15 A. LAURA'S MOTHER, WHEN I MET LAURA.
16 Q. AND IS LAURA ELODY FROM EXHIBIT 8?
17 A. CORRECT.
18 Q. WOULD MS. STRETZ, HATTIE STRETZ, EVER COME TO
19 SALON MERITAGE?
20 A. YES.
21 Q. AND WHAT SORTS OF REASONS WOULD SHE COME THERE?
22 A. TO GET HAIR, NAILS AND WAXING DONE.
23 Q. ALL RIGHT. WAS MS. STRETZ YOUR CLIENT?
24 A. NO.
25 Q. WHOSE CLIENT WOULD SHE BE?
26 A. LAURA'S, LAURA ELODY.
23
1 Q. WAS IT COMMON THAT YOU WOULD BECOME FAMILIAR WITH
2 THE OTHER STYLISTS' CLIENTS?
3 A. YES.
4 Q. THEY WOULD COME INTO THE SALON ON A REGULAR BASIS
5 AND YOU WOULD GET TO KNOW THEIR NAME?
6 A. YES.
7 (FOR I.D. = GRAND JURY EXHIBIT 5)
8 Q. BY MR. WAGNER: THEN I WANT TO SHOW YOU WHAT IS
9 MARKED AS EXHIBIT 5, THE D.M.V. RECORD CONCERNING ONE LUCIA
10 KONDAS; DO YOU RECOGNIZE THE INDIVIDUAL IN EXHIBIT 5?
11 A. YES.
12 Q. AND HOW IS IT THAT YOU RECOGNIZE HER?
13 A. AS VICTORIA BUZZO'S CLIENT.
14 Q. SO MS. KONDAS WOULD SOMETIMES COME TO SALON
15 MERITAGE TO GET BEAUTY WORK DONE BY VICTORIA BUZZO?
16 A. YES.
17 (FOR I.D. = GRAND JURY EXHIBIT 7)
18 Q. BY MR. WAGNER: AND THEN IF I CAN SHOW WHAT HAS
19 BEEN MARKED AS EXHIBIT 7, A D.M.V. RECORD CONCERNING ONE
20 MICHELLE FAST; DO YOU RECOGNIZE THE PERSON DEPICTED IN
21 EXHIBIT 7?
22 A. YES.
23 Q. HOW DO YOU RECOGNIZE THAT INDIVIDUAL?
24 A. SHE WAS GETTING HER HAIR DONE OPPOSITE OF WHERE
25 MY STATION WAS THAT DAY.
26 Q. ON THE DAY OF OCTOBER 12TH, 2011?
24
1 A. CORRECT.
2 Q. IN ONE OF THE OTHER STYLISTS' CHAIRS?
3 A. YES.
4 Q. ALL RIGHT. TURNING THEN TO THE AFTERNOON OF
5 OCTOBER 12, 2011, I AM GOING TO PUT EXHIBIT 19 BACK UP ONTO
6 THE SCREEN. YOU REFERRED TO YOUR OWN CHAIR. ON EXHIBIT 19,
7 COULD YOU LET US KNOW WHICH CHAIR WAS YOURS, AND THEN I WILL
8 TRY TO MAKE AN INDICATION.
9 A. (INDICATING).
10 Q. YOU ARE POINTING TO RIGHT ABOUT THE CENTER OF THE
11 DIAGRAM WHERE THERE IS A L-SHAPED CORNER, AND YOU POINTED TO
12 ONE, AM I POINTING TO THE CORRECT ONE RIGHT NOW
13 (INDICATING)?
14 A. YES.
15 Q. I AM GOING TO PUT A "G" IN THAT CHAIR TO INDICATE
16 GALLEGOS -- EXCUSE ME, GALLEGO, THERE IS NO "S" ON IT?
17 A. NO.
18 Q. HAVE I PUT THE "G" ON THE CORRECT SPACE?
19 A. YES.
20 Q. LET ME TURN YOUR ATTENTION NOW TO RIGHT AROUND
21 1:20 IN THE AFTERNOON OF OCTOBER 12TH, 2011; WERE YOU THERE
22 AT SALON MERITAGE AT THAT DATE AND TIME?
23 A. YES.
24 Q. AND AT THAT DATE AND TIME DID SOMETHING UNUSUAL
25 HAPPEN THAT ATTRACTED YOUR ATTENTION?
26 A. YES.
25
1 Q. AND WOULD YOU TELL US WHAT THAT WAS.
2 A. I WAS STANDING IN THAT SPOT AND SCOTT CAME
3 THROUGH THE SIDE DOOR.
4 Q. OKAY. AND WHEN YOU SAY SCOTT, IS THAT THE
5 INDIVIDUAL WHO WAS DEPICTED IN PHOTOGRAPH NUMBER 1?
6 A. YES.
7 Q. WHICH I AM SHOWING TO YOU NOW (INDICATING)?
8 A. YES.
9 Q. THIS PERSON, SCOTT DEKRAAI, CAME IN THE SIDE
10 DOOR?
11 A. CORRECT.
12 Q. THAT WOULD BE THE DOOR ON THE SIDE OF EXHIBIT 19
13 (INDICATING)?
14 A. CORRECT.
15 Q. HOW WAS IT YOUR ATTENTION WAS DRAWN TO SCOTT
16 DEKRAAI AS HE CAME IN THE SIDE DOOR?
17 A. A REAL BRIEF WALKING FIGURE DRESSED IN LIGHT
18 CLOTHING THAT IS NOT REALLY SUPPOSED TO BE THERE.
19 Q. OKAY. SO THERE WAS MOVEMENT IN YOUR PERIPHERAL
20 VISION?
21 A. NO, I WAS FACING THE DOOR.
22 Q. OKAY.
23 A. AND I SEEN HIM WALK IN.
24 Q. FACING THE SIDE DOOR ON THE LEFT SIDE OF EXHIBIT
25 19, AND YOU SAW MR. DEKRAAI WALKING?
26 A. YES.
26
1 Q. WHAT DIRECTION DID YOU SEE HIM WALKING?
2 A. TOWARDS THE SHAMPOO BOWLS.
3 Q. CAN YOU SHOW US WHERE ON EXHIBIT 19 THAT IS?
4 A. (INDICATING).
5 Q. YOU POINTED TO THE AREA JUST RIGHT OF THE AREA
6 LABELED CHRISTY WILSON; IS THAT CORRECT?
7 A. CORRECT.
8 Q. YOU SAW SCOTT DEKRAAI COME FROM THE SIDE DOOR
9 WALKING TOWARDS THE SHAMPOO BOWLS?
10 A. YES.
11 Q. WAS THERE ANYTHING AT THE SHAMPOO BOWLS AT THAT
12 TIME?
13 A. CHRISTY GETTING HER HAIR SHAMPOOED BY MICHELLE.
14 Q. AND I WANT TO BE CLEAR, WHEN YOU SAY CHRISTY, IS
15 THAT CHRISTY WILSON WHO WAS DEPICTED IN EXHIBIT 3?
16 A. YES.
17 Q. CHRISTY WILSON WAS SITTING IN THE CHAIR BY THE
18 SHAMPOO BOWL?
19 A. LAYING IN THE CHAIR, CORRECT.
20 Q. SO CHRISTY WILSON'S HAIR WAS BEING SHAMPOOED BY,
21 YOU SAID MICHELLE; IS THAT CORRECT?
22 A. THAT IS CORRECT.
23 Q. MEANING MICHELLE FOURNIER?
24 A. THAT IS CORRECT.
25 Q. AND THAT'S HOW IT IS LABELED ON EXHIBIT 19,
26 CORRECT?
27
1 A. CORRECT.
2 Q. YOU SAW SCOTT DEKRAAI WALKING IN THE SIDE DOOR
3 TOWARDS THE SHAMPOO BOWLS TOWARDS CHRISTY WILSON AND
4 MICHELLE FOURNIER; IS THAT RIGHT?
5 A. YES.
6 Q. WHAT IF ANYTHING DID YOU SEE SCOTT DEKRAAI DO?
7 A. I HEARD HIM BLURT OUT, THIS IS WHAT YOU WANTED,
8 OR THIS IS HOW YOU WANTED IT, AND STARTED SHOOTING BOTH
9 GIRLS.
10 Q. YOU HEARD MR. DEKRAAI SAY THOSE WORDS THAT YOU
11 JUST REPEATED?
12 A. YES.
13 Q. AND THEN YOU SAY HE STARTED SHOOTING?
14 A. CORRECT.
15 Q. HOW DID YOU BECOME AWARE THAT HE WAS SHOOTING?
16 A. THE SOUNDS OF THE GUN.
17 Q. HAVE YOU HEARD GUNFIRE PRIOR TO THE DAY OF
18 OCTOBER 12TH, 2011?
19 A. YES, I HAVE.
20 Q. SO YOU HAVE AN UNDERSTANDING OF WHAT IT SOUNDS
21 LIKE WHEN A GUN IS FIRED?
22 A. YES, I DO.
23 Q. IS THAT THE SOUND THAT YOU HEARD AFTER SCOTT
24 DEKRAAI WALKED INTO SALON MERITAGE ON OCTOBER 12TH OF 2011?
25 A. YES.
26 Q. HOW MANY GUNSHOTS DID YOU HEAR RIGHT AT THE TIME
28
1 HE WALKED INTO THE SALON?
2 A. UNCOUNTABLE.
3 Q. IS THAT TO SAY THERE WAS MORE THAN ONE?
4 A. YES.
5 Q. WAS IT MORE THAN A SMALL NUMBER?
6 A. MORE THAN 10.
7 Q. OKAY. RIGHT AFTER HE SAID THE WORDS TO THE
8 EFFECT OF, THIS IS HOW YOU WANTED IT, OR I DON'T MEAN TO PUT
9 WORDS IN YOUR MOUTH?
10 A. THIS IS HOW YOU WANTED IT, OR THIS IS HOW IT IS,
11 OR --
12 Q. OKAY. HOW MANY OF THE GUNSHOTS DID YOU HEAR
13 IMMEDIATELY AFTER HEARING HIM SPEAK THOSE WORDS?
14 A. FOUR OR FIVE.
15 Q. AND DID YOU SEE HIS BODY AT THE TIME THAT YOU
16 HEARD THOSE FOUR OR FIVE GUNSHOTS?
17 A. YES.
18 Q. WHERE WAS HIS BODY FACING?
19 A. THE SHAMPOO BOWLS DOWN.
20 Q. AND WAS THAT IN THE DIRECTION WHERE CHRISTY
21 WILSON AND MICHELLE FOURNIER WERE?
22 A. YES.
23 Q. WHAT DID YOU DO UPON HEARING THOSE GUNSHOTS?
24 A. I GRABBED ANOTHER CO-WORKER AND RAN TO THE BACK
25 EMPLOYEE BATHROOM.
26 Q. AND ON EXHIBIT 19, CAN YOU POINT OUT WHERE THE
29
1 BACK BATHROOM WAS.
2 A. (INDICATING).
3 Q. YOU ARE SHOWING US THE LOWER RIGHT CORNER, I AM
4 GOING TO WRITE "BATHROOM" IN THAT LOCATION; HAVE I DONE SO
5 IN THE CORRECT LOCATION?
6 A. YES.
7 Q. LOWER RIGHT IS BATHROOM.
8 A. YES.
9 Q. WHEN YOU WENT INTO THE BATHROOM WITH THE OTHER
10 EMPLOYEE, BY THE WAY, THE NAME OF THE OTHER EMPLOYEE YOU
11 WENT INTO THE BATHROOM WITH?
12 A. LISA POWERS.
13 Q. WHAT DID YOU DO AFTER YOU WENT IN THE BATHROOM?
14 A. I GRABBED FROM MY STATION MY WORK PHONE, AND I
15 DUCKED, I TRIED TO DUCK BEHIND THE TOILET IN THE BATHROOM.
16 Q. AND THE PURPOSE IN DOING SO?
17 A. I DIDN'T WANT TO GET SHOT AND KILLED.
18 Q. AS YOU WENT INTO THE BATHROOM, COULD YOU HEAR
19 NOISES FROM OUTSIDE IN THE MAIN SALON AREA STILL?
20 A. CONSTANT SCREAMING AND GUNSHOTS.
21 Q. HAD YOU SEEN ANY OTHER PERSON COME INTO THE SALON
22 WITH A GUN THAT DAY?
23 A. NO.
24 Q. YOU SAID YOU HEARD CONSTANT SCREAMING AND
25 GUNSHOTS AS YOU WERE IN THE BATHROOM; IS THAT RIGHT?
26 A. YES.
30
1 Q. IS THAT PLURAL GUNSHOTS?
2 A. GUNSHOTS.
3 Q. CAN YOU ESTIMATE THE NUMBER?
4 A. OVER 20. OVER 30.
5 Q. OKAY. DID YOU HEAR ANY OF THE SCREAMING COME
6 FROM A LOCATION CLOSE TO YOU IN THE BATHROOM?
7 A. NO, NOT YET.
8 Q. OKAY. WALK US THROUGH WHAT HAPPENED AS YOU WERE
9 IN THE BATHROOM THEN.
10 A. LAURA RAN TO THE FACIAL ROOM, WHICH IS THERE
11 (INDICATING).
12 Q. OKAY. AND YOU HAVE INDICATED JUST TO THE LEFT OF
13 THE BATHROOM, AND I AM GOING TO PUT "FACIAL" IN THAT AREA;
14 IS THAT THE CORRECT LOCATION?
15 A. THAT IS THE CORRECT LOCATION.
16 Q. YOU SAID LAURA RAN; IS THAT CORRECT?
17 A. TO THAT DOOR, AND WAS BANGING ON IT TO GET INTO
18 THE FACIAL ROOM.
19 Q. AND WOULD THIS BE LAURA ELODY WHO IS DEPICTED IN
20 EXHIBIT 8?
21 A. YES.
22 Q. YOU HEARD HER BANGING ON THE DOOR OF THE FACIAL
23 ROOM?
24 A. I DID.
25 Q. WHAT DID YOU HEAR NEXT?
26 A. I HEARD HER STOP BANGING ON THE DOOR AND LEAN UP
31
1 AGAINST THE BATHROOM DOOR.
2 Q. NOW THIS WOULD BE THE BATHROOM DOOR IN WHICH YOU
3 AND LISA POWERS WERE?
4 A. YES.
5 Q. AND THEN WHAT HAPPENED?
6 A. OBVIOUSLY SCOTT FOLLOWED HER INTO THERE, AND SHE
7 BEGGED HIM NOT TO SHOOT HER.
8 Q. WHAT DID YOU HEAR HER SAY?
9 A. YOU DON'T HAVE TO DO THIS, PLEASE DON'T KILL ME.
10 Q. AND THEN WHAT HAPPENED?
11 A. HE SHOT HER.
12 Q. DID YOU HEAR GUNSHOTS AT THAT TIME?
13 A. YES.
14 Q. WAS THERE ONE OR MORE GUNSHOTS?
15 A. MORE.
16 Q. WHEN YOU HEARD HER VOICE DID YOU RECOGNIZE IT TO
17 BE LAURA ELODY WEBB?
18 A. I DID.
19 Q. AND AFTER THE GUNSHOTS, DID YOU HEAR HER VOICE
20 AGAIN?
21 A. NO.
22 Q. FOLLOWING THE GUNSHOTS THAT CAME RIGHT AFTER YOU
23 HEARING LAURA SAYING, PLEASE DON'T SHOOT ME, OR WORDS TO
24 THAT EFFECT, WHAT HAPPENED NEXT?
25 A. I HEARD HER TAKE HER LAST BREATH.
26 Q. DID YOU HEAR ANY MORE GUNSHOTS AFTER THAT TIME?
32
1 A. I DID.
2 Q. APPROXIMATELY HOW MUCH TIME ELAPSED BETWEEN THE
3 GUNSHOTS ASSOCIATED WITH LAURA AND THE NEXT GUNSHOTS YOU
4 HEARD?
5 A. A MINUTE, MINUTES.
6 Q. AND HOW MANY MORE GUNSHOTS DO YOU RECALL HEARING?
7 A. TWO.
8 Q. FROM WHAT DISTANCE DID THOSE LAST TWO GUNSHOTS
9 APPEAR TO BE FROM YOUR LOCATION IN THE BATHROOM, WERE THEY
10 VERY MUCH IN YOUR IMMEDIATE VICINITY OR FARTHER AWAY?
11 A. FURTHER AWAY.
12 Q. SO I TAKE IT THE SOUND WAS MORE FAINT THAN THE
13 ONES THAT HAD JUST BEEN ASSOCIATED WITH LAURA?
14 A. YES.
15 Q. THE GUNSHOTS ASSOCIATED IN TIME WITH LAURA SAYING
16 WHAT YOU HAVE RELAYED, HOW LOUD WERE THOSE TO YOUR EARS IN
17 THE BATHROOM?
18 A. I AM SORRY, REPEAT THAT.
19 Q. YOU ARE IN THE BATHROOM AND YOU HEAR LAURA SAYING
20 WHAT YOU HEARD HER SAY, AND THEN THERE WERE GUNSHOTS?
21 A. YES.
22 Q. HOW LOUD WERE THOSE GUNSHOTS TO YOU?
23 A. LOUD. ECHOED IN THE BATHROOM.
24 Q. DID THEY SEEM TO BE FROM THE IMMEDIATE VICINITY
25 OF WHERE YOU WERE?
26 A. YES.
33
1 Q. AND THEN THERE IS A LITTLE SPACE IN TIME FROM
2 THEN TO WHEN YOU HEAR TWO MORE DISTANT GUNSHOTS, CORRECT?
3 A. YES.
4 Q. WERE THOSE IN RAPID SUCCESSION, THOSE TWO?
5 A. YES.
6 Q. WHAT HAPPENED AFTER THAT?
7 A. ME AND LISA STOOD QUIET UNTIL WE COULD HEAR THE
8 POLICE. SO A FEW, MAYBE A MINUTE OR TWO PASSED AFTER THAT,
9 AND WE HEARD SCREAMING IN THE SALON FROM MEN.
10 Q. FROM MEN?
11 A. TO CALL 911.
12 Q. SO THERE WAS SCREAMING OF MEN, AND YOU COULD MAKE
13 OUT THE WORDS THAT WERE BEING YELLED BY THE MENS' VOICES?
14 A. YES.
15 Q. CALL 911?
16 A. GET TOWELS.
17 Q. SO DID THESE TO YOUR MIND SOUND LIKE THE VOICES
18 OF PEOPLE RESPONDING TO GIVE HELP?
19 A. YES.
20 Q. SO IN SOME RESPECT DID YOU BEGIN TO THINK THE
21 THREAT WAS OVER AND IT WAS SAFE TO EMERGE FROM THE BATHROOM?
22 A. YES.
23 Q. AND WHAT DID YOU DO THEN?
24 A. I TURNED ON THE BATHROOM LIGHT.
25 Q. COULD YOU SEE ANYTHING AT THAT TIME?
26 A. WE WERE STANDING IN LAURA'S BLOOD.
34
1 Q. WITHIN THE BATHROOM ITSELF?
2 A. YES.
3 Q. ALL RIGHT. WHAT HAPPENED NEXT?
4 A. I TRIED TO OPEN THE DOOR, BUT HER BODY WAS
5 BLOCKING IT.
6 Q. AND IS THAT LAURA'S BODY?
7 A. LAURA'S BODY.
8 Q. WERE YOU ABLE TO FINALLY EXIT THE BATHROOM?
9 A. I HAD TO PUSH THE DOOR OPEN AND CLIMB UP OUT OF
10 THE DOOR WITH THE SINK TO THE RIGHT, TO CLIMB ON THE SINK
11 AND CLIMB OVER LAURA'S BODY.
12 Q. AND SO THEN BY PUSHING THE DOOR YOU WERE ABLE TO
13 MOVE HER BODY ENOUGH TO GET A SPACE WHERE YOU COULD GET OUT
14 THE DOOR?
15 A. YES, FOR ME TO GET OUT, NOT ENOUGH SPACE FOR LISA
16 TO GET OUT.
17 Q. ALL RIGHT. AND AS YOU CLIMBED OUT, DID YOU THEN
18 SEE LAURA'S BODY ON THE GROUND?
19 A. I DID.
20 Q. DID YOU THEN LEAVE THE LOWER RIGHT AREA OF THE
21 DIAGRAM AND GO OUT INTO MORE OF THE MAIN AREA OF THE SALON?
22 A. YES.
23 Q. AND WHAT DID YOU SEE AS YOU DID THAT?
24 A. I WAS STOPPED BY ONE OF THE CONSTRUCTION WORKERS,
25 FIRST RESPONDERS TO CHECK AND SEE IF I WAS OKAY.
26 Q. OKAY. AND YOU HAD NOT BEEN STRUCK BY ANY
35
1 GUNFIRE, HAD YOU?
2 A. NO.
3 Q. SO WHAT HAPPENED NEXT?
4 A. I WENT OVER TOWARD VICTORIA.
5 Q. YOU WENT OVER TO VICTORIA?
6 A. I WENT OVER TO LOOK TO WHERE SHE WAS AT, YES.
7 Q. WHY WAS THAT?
8 A. TO SEE IF SHE WAS HURT.
9 Q. AND THIS IS VICTORIA BUZZO, WHO YOU PREVIOUSLY
10 IDENTIFIED FROM EXHIBIT 6, CORRECT?
11 A. YES.
12 Q. AND WHAT DID YOU FIND AS YOU WENT TO LOOK FOR
13 VICTORIA?
14 A. SHE WAS FACE DOWN IN A POOL OF BLOOD.
15 Q. AND DO YOU SEE ON EXHIBIT 19 WHERE HER NAME IS
16 WRITTEN, VICTORIA BUZZO, JUST ABOVE THE CENTER OF THE
17 DIAGRAM?
18 A. YES.
19 Q. IS THAT ROUGHLY THE AREA WITHIN THE SALON WHERE
20 YOU SAW VICTORIA FACE DOWN?
21 A. YES.
22 Q. WHAT ELSE DID YOU SEE AS YOU WALKED OUT INTO THE
23 SALON?
24 A. HATTIE LYING NEXT TO HER.
25 Q. AND WHEN YOU SAY HATTIE, IS THAT THE INDIVIDUAL
26 WHO IN THE D.M.V. RECORDS THAT HAS BEEN MARKED AS EXHIBIT 9?
36
1 A. YES.
2 Q. HARRIET STRETZ?
3 A. YES.
4 Q. DID SHE HAVE BLOOD AROUND HER PERSON AS WELL?
5 A. YES.
6 Q. AS SHE LAY ON THE FLOOR?
7 A. YES.
8 Q. AND WAS SHE LOCATED IN APPROXIMATELY THE AREA
9 WHERE HER NAME IS WRITTEN ON EXHIBIT 19?
10 A. YES.
11 Q. CLOSE TO WHERE VICTORIA BUZZO LAY?
12 A. NEXT TO VICTORIA, YES.
13 Q. WHAT ELSE DID YOU SEE AS YOU WALKED INTO THE
14 SALON?
15 A. RANDY AT HIS STATION.
16 Q. ON EXHIBIT 19 THE NAME RANDY FANNIN IS WRITTEN
17 CLOSE TO A CHAIR THAT IS CLOSE TO THE SIDE DOOR ON THE LEFT
18 OF THE DIAGRAM, CORRECT?
19 A. CORRECT.
20 Q. WAS THAT RANDY'S STATION, THE CHAIR THAT IS JUST
21 ABOVE HIS NAME?
22 A. YES.
23 Q. AND YOU SAY AS YOU LEFT THE BATHROOM AND WALKED
24 INTO THE SALON ITSELF YOU SAW RANDY LAYING CLOSE TO HIS
25 STATION?
26 A. CORRECT.
37
1 Q. WAS HE ON THE GROUND?
2 A. ON HIS BACK, YES.
3 Q. AND WHAT WAS HIS APPARENT CONDITION?
4 A. LOOKED DEAD TO ME.
5 Q. DID YOU MAKE ANY OTHER OBSERVATIONS IN THE SALON
6 THAT DAY?
7 A. CHRISTY WILSON SLUMPED OVER THE SHAMPOO BOWL
8 CHAIR.
9 Q. AND WHAT WAS HER APPARENT CONDITION?
10 A. SHE HAD BLOOD ON HER.
11 Q. DID YOU SEE LUCIA KONDAS WITHIN THE SALON?
12 A. I DID NOT.
13 Q. DID YOU SEE MICHELLE FAST WITHIN THE SALON?
14 A. I DID.
15 Q. WHERE DID YOU SEE HER AS YOU HAD RE-ENTERED FROM
16 THE BATHROOM?
17 A. SHE WAS BY THE PRODUCT.
18 Q. AND WHEN YOU SAY, THE PRODUCT, COULD YOU TELL US
19 IN EXHIBIT 19 WHERE THAT WOULD BE.
20 A. WHERE HER NAME IS AT (INDICATING).
21 Q. YOU POINTED TO THE LOCATION TOWARDS THE TOP OF
22 EXHIBIT 19 WHERE THE NAME MICHELLE FAST IS WRITTEN?
23 A. CORRECT.
24 Q. I TAKE IT THERE WAS SOME SHAMPOO OR PRODUCT FOR
25 SALE UP IN THAT LOCATION?
26 A. YES.
38
1 Q. AND WAS SHE IN A CHAIR, ON THE GROUND?
2 A. SHE WAS ON THE GROUND, NOT YET DEAD.
3 Q. WHAT WAS HER APPARENT CONDITION?
4 A. HER HAIR WAS WET AND SHE HAD THE CAPE KIND OF
5 OVER HER FACE SLIGHTLY, AND SHE, HER BODY WAS SHAKING AND
6 CONVULSING.
7 Q. WHAT DID YOU DO THEN AFTER YOU MADE THESE
8 OBSERVATIONS?
9 A. SANDY FANNIN CAME OUT OF THE COLOR ROOM WHERE WE
10 MIX COLOR AT AND WAS SCREAMING.
11 Q. YOU SAID THAT SANDY FANNIN, IS THAT THE WIFE OF
12 RANDY FANNIN?
13 A. THAT IS.
14 Q. IS SHE SORT OF THE CO-OWNER OF THE SALON?
15 A. YES.
16 Q. AND WAS SANDY FANNIN ALSO A STYLIST AT THE SALON?
17 A. YES.
18 Q. YOU SAID THERE IS A COLOR ROOM WHERE A STYLIST
19 WILL MIX COLOR; IS THAT HAIR COLORING PRODUCTS?
20 A. YES.
21 Q. AND YOU ARE INDICATING THE LOWER LEFT SIDE OF THE
22 DIAGRAM, I AM GOING TO PUT THE WORD COLOR; IS THAT THE
23 CORRECT ROOM FOR THE COLOR ROOM?
24 A. YES.
25 Q. YOU SAID SANDY CAME OUT OF THE COLOR ROOM?
26 A. YES.
39
1 Q. AND WENT TOWARD RANDY?
2 A. YES.
3 Q. AND THEN WHAT HAPPENED?
4 A. SHE WAS SCREAMING TO WAKE RANDY UP, TO GET HIM
5 UP.
6 Q. AND COULD HE BE AWAKENED?
7 A. NO.
8 MR. WAGNER: MR. GALLEGO, AT THIS TIME I HAVE NO
9 FURTHER QUESTIONS FOR YOU, BUT I NEED YOU TO SIT HERE, THE
10 LADIES AND GENTLEMEN OF THE GRAND JURY NOW HAVE AN
11 OPPORTUNITY TO SUBMIT ANY QUESTIONS THAT THEY WOULD LIKE ME
12 TO ASK YOU. SO JUST BEAR WITH US. THANK YOU.
13 THE GRAND JURY FOREPERSON: ARE THERE ANY QUESTIONS
14 FROM THE GRAND JURY?
15 (AFFIRMATIVE RESPONSES).
16 THE GRAND JURY SECRETARY: THESE WILL BE LISTED AS
17 EXHIBIT 34.
18 (FOR I.D. = GRAND JURY EXHIBIT 34)
19 Q. BY MR. WAGNER: MR. GALLEGO, I AM GOING TO ASK YOU
20 A FEW QUESTIONS.
21 REFERRING TO EXHIBIT 19, I THINK WHAT I WOULD
22 LIKE TO DO IS THIS, WE HAVE BEEN REFERRING TO A DOOR AS A
23 SIDE DOOR, AND I AM JUST GOING TO GO AHEAD AND LABEL THAT.
24 IS IT THIS ONE ON THE LEFT SIDE THAT I AM
25 POINTING TO (INDICATING)?
26 A. YES.
40
1 Q. SO I HAVE DONE THAT IN THE CORRECT LOCATION?
2 A. YES.
3 Q. AND THEN IS THERE A DOOR THAT YOU REFERRED TO AS
4 THE FRONT DOOR?
5 A. YES.
6 Q. IS THAT THE ONE TOWARDS THE TOP THAT I AM
7 POINTING TO (INDICATING)?
8 A. YES.
9 Q. LET ME WRITE FRONT DOOR THEN.
10 A. YES.
11 Q. GIVEN THOSE NAMES, ARE THEY SOMEWHAT MISLEADING
12 IN TERMS OF WHICH DOOR WAS NORMALLY USED BY CUSTOMERS AND
13 EMPLOYEES?
14 A. YES.
15 Q. WHAT WAS THE COMMON, THE CUSTOMARY DOOR FOR
16 PEOPLE TO USE IN ENTERING OR EXITING THE SALON?
17 A. IF THEY WERE A STYLIST IN THE FRONT PART AND A
18 CLIENT, YOU CAME IN THE FRONT DOOR MOSTLY.
19 Q. OKAY. AND I THINK YOU SAID THE STYLISTS IN THE
20 FRONT PART WOULD BE TOWARDS THE TOP OF DIAGRAM 19?
21 A. CORRECT.
22 Q. GO ON THEN.
23 A. IF YOU WERE A STYLIST OR A CLIENT OF THE LOWER
24 PART, YOU CAME IN THE SIDE DOOR.
25 Q. ALL RIGHT.
26 A. IT ALSO DEPENDS ON WHERE YOU PARKED.
41
1 Q. I THINK YOU BECAME AWARE OF AN INITIAL GUNSHOT BY
2 HEARING IT, CORRECT?
3 A. YES.
4 Q. AND THAT WAS RIGHT AFTER SCOTT DEKRAAI HAD SAID
5 WHATEVER HE SAID IN THE DIRECTION OF MICHELLE FOURNIER AND
6 CHRISTY WILSON?
7 A. YES.
8 Q. AND THEN YOU DESCRIBED FOR US HEARING MORE
9 GUNSHOTS, AND THEN A SERIES OF GUNSHOTS RIGHT AFTER LAURA
10 WEBB HAD SAID WHAT YOU DESCRIBED HER SAYING?
11 A. YES.
12 Q. AND THEN TWO MORE GUNSHOTS FROM A MORE DISTANT
13 LOCATION BRIEFLY AFTER THAT?
14 A. YES.
15 Q. CAN YOU ESTIMATE FOR US THE TIME THAT ELAPSED
16 BETWEEN THE FIRST GUNSHOT YOU HEARD AND THE LAST GUNSHOT YOU
17 HEARD THAT DAY?
18 A. MINUTE. MINUTE.
19 Q. MAYBE ONE MINUTE?
20 A. MAYBE ONE MINUTE.
21 Q. WHAT WAS YOUR EMOTIONAL STATE FROM THE TIME YOU
22 HEARD THE FIRST GUNSHOT UNTIL THE TIME YOU HEARD THE LAST
23 GUNSHOT?
24 A. PRETTY SHAKEN UP.
25 Q. YOU SAID THAT YOU TOOK YOUR WORK PHONE WHEN YOU
26 ENTERED, AND THEN YOU ENTERED INTO THE BATHROOM WITH LISA
42
1 POWERS, CORRECT?
2 A. YES.
3 Q. DID YOU TRY TO MAKE ANY PHONE CALLS FROM THE
4 PHONE ONCE YOU WERE WITHIN THE BATHROOM?
5 A. YES.
6 Q. ANY SUCCESS?
7 A. TO MY PARTNER, I BELIEVE. BUT NO SUCCESS TO 911.
8 MR. WAGNER: ALL RIGHT. ANYTHING FURTHER, LADIES AND
9 GENTLEMEN?
10 (AFFIRMATIVE RESPONSES).
11 Q. BY MR. WAGNER: MR. GALLEGO, CAN YOU TELL US WHERE
12 ON EXHIBIT 19, POINT OUT FOR US WHERE MICHELLE FOURNIER'S
13 STATION WAS.
14 A. (INDICATING).
15 Q. POINTING TOWARDS THE RIGHT-HAND CORNER, AM I
16 POINTING TOWARD THE CORRECT ONE (INDICATING)?
17 A. YES.
18 Q. I AM GOING TO PUT MICHELLE IN THAT CHAIR, I HAVE
19 WRITTEN WITH BLUE INK THE NAME MICHELLE; IS THAT THE CORRECT
20 CHAIR?
21 A. THAT IS CORRECT.
22 Q. YOU LOOKED AT THE INDIVIDUAL IN PICTURE 1 AND YOU
23 IDENTIFIED HIM AS SCOTT DEKRAAI, CORRECT?
24 A. CORRECT.
25 Q. AND HAD YOU EVER MET HIM OUTSIDE OF THE LOCATION
26 OF THE SALON?
43
1 A. YES.
2 Q. CAN YOU DESCRIBE FOR US WHAT SORT OF CONTACT
3 OUTSIDE OF THE SALON GROUNDS YOU HAD EVER HAD WITH SCOTT
4 DEKRAAI?
5 A. CHRISTMAS PARTIES, CHRISTMAS WEEKENDS AWAY,
6 WEDDINGS, BIRTHDAY PARTIES.
7 Q. WOULD THAT CONTACT HAVE BEEN DURING THE TIME THAT
8 MICHELLE FOURNIER WAS MARRIED TO SCOTT DEKRAAI?
9 A. YES.
10 Q. FOLLOWING THE BREAKUP OF THE MARRIAGE OF MICHELLE
11 FOURNIER AND SCOTT DEKRAAI, DID YOU SEE MR. DEKRAAI VERY
12 FREQUENTLY?
13 A. NO, NOT FREQUENTLY.
14 Q. AND LET'S SAY IN RELATIONSHIP TO OCTOBER 12TH,
15 2011, WHEN IS THE LAST TIME YOU HAD SEEN MR. DEKRAAI?
16 A. SCOTT PICKED UP DOMINIC AT SCHOOL WHEN HE WASN'T
17 SUPPOSED TO, AND THE POLICE WERE CALLED BY MICHELLE, AND HE
18 HAD TO DROP DOMINIC OFF AT THE SALON WITH THE POLICE.
19 Q. ALL RIGHT. SO I JUST WANT TO SORT OF UNPACK WHAT
20 YOU JUST SAID, AND THEN ACTUALLY FOCUS ON A LITTLE OF THAT.
21 YOU WEREN'T INTIMATELY INVOLVED IN THE COURT CASE REGARDING
22 CUSTODY REGARDING MICHELLE AND SCOTT AND THEIR SON DOMINIC,
23 CORRECT?
24 A. NO.
25 Q. SOME OF WHAT YOU JUST TOLD US YOU LEARNED FROM
26 MICHELLE TALKING TO YOU ABOUT WHAT HAD TRANSPIRED THAT DAY?
44
1 A. YES.
2 MR. WAGNER: I THINK THE PART I WOULD LIKE YOU LADIES
3 AND GENTLEMEN TO RETAIN FROM THAT IS SIMPLY MR. GALLEGO SAW
4 SCOTT DEKRAAI DROP OFF THE SON DOMINIC APPROXIMATELY ONE
5 MONTH PRIOR TO THE SHOOTING.
6 THE WITNESS: I BELIEVE SO.
7 MR. WAGNER: AND IGNORE WHATEVER THE REASON FOR
8 MR. DEKRAAI HAVING COME IN THAT DAY APPROXIMATELY ONE MONTH
9 BEFORE THE SHOOTING.
10 Q. BY MR. WAGNER: IS THAT CORRECT TO SAY THAT YOU DID
11 SEE MR. DEKRAAI ON THAT DAY APPROXIMATELY ONE MONTH BEFORE
12 THE SHOOTING?
13 A. YES.
14 Q. AND THAT MR. DEKRAAI WAS THERE IN A VEHICLE, AND
15 MR. DEKRAAI CAME WITH HIS SON DOMINIC?
16 A. YES.
17 Q. AND THEN DOMINIC STAYED AT THE SALON WITH
18 MICHELLE THAT DAY?
19 A. YES.
20 Q. AND MR. DEKRAAI LEFT IN HIS VEHICLE?
21 A. YES.
22 Q. ALL RIGHT. AFTER YOU CAME OUT OF THE BATHROOM
23 WHEN IT SEEMED THE GUNSHOTS HAD STOPPED, DID YOU SEE
24 MICHELLE FOURNIER AGAIN?
25 A. I DID NOT.
26 Q. THE GUNSHOTS THAT YOU HEARD, WERE THEY -- DID
45
1 THEY ALL SOUND SORT OF THE SAME IS YOUR EAR SUCH THAT YOU
2 WOULD BE ABLE TO TELL THE DIFFERENCE IN CALIBER OF A GUN,
3 JUST BASED ON HEARING THE SHOTS?
4 A. THE FIRST SHOTS SEEMED DIFFERENT, THE FIRST SHOTS
5 SEEMED DIFFERENT THAN THE BATHROOM SHOTS.
6 Q. OKAY. AND CAN YOU DESCRIBE WHAT WAS DIFFERENT
7 ABOUT THEM?
8 A. (NO RESPONSE).
9 Q. WAS ONE LOUDER THAN THE OTHER?
10 A. LOUDER.
11 Q. WHICH ONE WAS LOUDER?
12 A. THE BATHROOM.
13 Q. WHEN YOU CAME OUT OF THE BATHROOM, WAS SCOTT
14 DEKRAAI WITHIN THE SALON ANYMORE?
15 A. NO.
16 Q. WAS THE ONLY TIME YOU SAW HIM ON OCTOBER 12TH
17 AROUND THE TIME OF HEARING GUNSHOTS, THAT SPACE IN TIME WHEN
18 YOU SAW HIM ENTERING THE SIDE DOOR AND WALKING TOWARD THE
19 SHAMPOO BOWLS?
20 A. YES.
21 Q. AND CAN YOU ESTIMATE FOR US THE LENGTH OF TIME
22 THAT YOU SPENT WITHIN THE BATHROOM AREA?
23 A. FOUR MINUTES, FIVE MAX.
24 Q. YOU MIGHT HAVE BEEN IN THE BATHROOM AS LONG AS
25 FOUR MINUTES TO FIVE MINUTES?
26 A. YEAH.
46
1 Q. LET ME JUST ASK YOU, I THINK YOU HAD EARLIER
2 ESTIMATED THE TIME THAT ELAPSED BETWEEN THE FIRST GUNSHOT
3 YOU HEARD THAT DAY AND THE LAST GUNSHOT MIGHT HAVE BEEN A
4 MINUTE OR SO; ARE THOSE STILL ACCURATE ESTIMATES OF TIME?
5 A. YOU MEAN FROM LAURA'S SHOT TO THE SECOND SHOT, OR
6 THE VERY FIRST SHOT TO THE VERY LAST SHOT?
7 Q. THE VERY FIRST SHOT TO THE VERY LAST SHOT.
8 A. THREE MINUTES.
9 Q. MAYBE THREE MINUTES?
10 A. MAYBE THREE MINUTES.
11 Q. SO HOW LONG AFTER YOU HEARD THE LAST SHOT UNTIL
12 YOU EMERGED FROM THE BATHROOM?
13 A. MAYBE THREE, THREE MINUTES.
14 MR. WAGNER: THANK YOU, MR. GALLEGO.
15 THE GRAND JURY FOREPERSON: ARE THERE ANY FURTHER
16 QUESTIONS FROM THE JURY?
17 (NO AFFIRMATIVE RESPONSE).
18 THE GRAND JURY FOREPERSON: SIR, WOULD YOU RISE,
19 PLEASE.
20 THE WITNESS: (WITNESS COMPLIES).
21 THE GRAND JURY FOREPERSON: ALL RIGHT.
22 GORDON GALLEGO, YOU ARE ADMONISHED NOT TO DISCUSS
23 OR REPEAT AT ANY TIME OUTSIDE OF THIS JURY ROOM THE
24 QUESTIONS THAT HAVE BEEN ASKED YOU IN REGARD TO THIS MATTER
25 OR YOUR ANSWERS, WITH THE UNDERSTANDING THAT SUCH
26 DISCLOSURES ON YOUR PART MAY BE THE BASIS FOR A CHARGE
47
1 AGAINST YOU OF CONTEMPT OF COURT.
2 YOU ARE FREE TO CONSULT WITH YOUR ATTORNEY FOR
3 THE PURPOSE OF SEEKING LEGAL ADVISE, OR THE DISTRICT
4 ATTORNEY AND HIS OR HER INVESTIGATORS.
5 DO YOU UNDERSTAND?
6 THE WITNESS: YES.
7 THE GRAND JURY FOREPERSON: THAT BEING SAID, THANK YOU
8 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED.
9 (WHEREUPON GORDON GALLEGO EXITED THE GRAND JURY
10 ROOM.)
11 THE GRAND JURY FOREPERSON: YOU MAY CALL YOUR NEXT
12 WITNESS WHENEVER YOU ARE READY.
13 MR. WAGNER: THE NEXT WITNESS COMING IN IS NAMED
14 KENNETH CALEB.
15 WHILE WE ARE AWAITING HIS ARRIVAL, WHICH WILL BE
16 JUST A MOMENT, I AM GOING TO INTRODUCE INTO THE RECORD
17 SEVERAL CERTIFIED DOCUMENTS. THE FIRST OF WHICH HAS BEEN
18 MARKED AS EXHIBIT 11, IT IS A CERTIFIED RECORD FROM THE
19 CLERK RECORDER OF ORANGE COUNTY.
20 THE WITNESS MR. CALEB IS HERE, SO I THINK I WILL
21 PUT THAT OFF FOR JUST A MOMENT.
22 (WHEREUPON KENNETH CALEB ENTERED THE GRAND JURY
23 ROOM.)
24 THE GRAND JURY FOREPERSON: GOOD MORNING.
25 THE WITNESS: GOOD MORNING.
26 THE GRAND JURY FOREPERSON: PLEASE RAISE YOUR RIGHT
48
1 HAND TO BE SWORN.
2 KENNETH CALEB,
3 CALLED AS A WITNESS BEFORE THE GRAND JURY, HAVING BEEN DULY
4 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
5 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE STATE YOUR
6 NAME AND SPELL IT FOR OUR RECORD.
7 THE WITNESS: KENNETH A. CALEB; K-E-N-N-E-T-H, A., LAST
8 NAME C-A-L-E-B.
9 THE GRAND JURY FOREPERSON: THANK YOU. PLEASE BE
10 SEATED.
11 THE WITNESS: (WITNESS COMPLIES).
12 THE GRAND JURY FOREPERSON: AS YOU TESTIFY, WOULD YOU
13 PLEASE SPEAK INTO THE MICROPHONE AND ADDRESS THE JURY. YOU
14 WILL BE ABLE TO SEE ON THAT COMPUTER SCREEN RIGHT THERE ANY
15 EXHIBITS THE DISTRICT ATTORNEY PLACES ON THIS DEVICE HERE.
16 THANK YOU VERY MUCH.
17 THE WITNESS: YES, SIR.
18 THE GRAND JURY FOREPERSON: MR. DISTRICT ATTORNEY, THE
19 WITNESS IS YOURS.
20 MR. SIMMONS: THANK YOU VERY MUCH.
21 EXAMINATION
22 Q. BY MR. SIMMONS: MR. CALEB, BEFORE WE BEGIN I WOULD
23 LIKE TO ADVISE YOU THAT YOU ARE NOW APPEARING BEFORE A DULY
24 CONSTITUTED GRAND JURY WHICH IS INVESTIGATING POSSIBLE
25 VIOLATIONS OF STATE CRIMINAL LAW.
26 DO YOU UNDERSTAND THAT, SIR?
49
1 A. I DO.
2 Q. AND YOU HAVE BEEN PLACED UNDER OATH, WHICH MEANS
3 YOUR TESTIMONY HERE TODAY HAS THE SAME FORCE AND EFFECT AS
4 IF YOU WERE IN A COURT OF LAW.
5 DO YOU UNDERSTAND THAT, SIR?
6 A. I DO.
7 Q. THAT MEANS THAT YOU HAVE AN OBLIGATION TO TELL
8 THE TRUTH AND NOTHING BUT THE TRUTH IN THIS PROCEEDING, OR
9 YOU COULD SUBJECT YOURSELF TO A POSSIBLE PROSECUTION FOR
10 PERJURY.
11 DO YOU UNDERSTAND THAT, SIR?
12 A. I DO.
13 Q. ALL RIGHT. MR. CALEB, DO YOU REMEMBER AN
14 INCIDENT THAT TOOK PLACE ON OCTOBER THE 12TH OF 2011?
15 A. YES, SIR.
16 Q. NOW, CAN YOU TELL THE GRAND JURY WHERE YOU WERE
17 ON THAT DATE BETWEEN 12:00 P.M. AND 2:00 P.M.?
18 A. AT PATTY'S PLACE.
19 Q. ALL RIGHT. AND CAN YOU TELL THE GRAND JURY, WHEN
20 YOU SAY PATTY'S PLACE, WHAT IS PATTY'S PLACE?
21 A. PATTY'S PLACE IS A BAR AND GRILL THAT IS NEXT
22 DOOR TO SALON MERITAGE.
23 Q. ALL RIGHT. AND HOW OFTEN DO YOU GO TO PATTY'S
24 PLACE?
25 A. AT LEAST FOUR TIMES A WEEK.
26 Q. AND WHY DO YOU GO TO PATTY'S PLACE FOUR TIMES A
50
1 WEEK?
2 A. GREAT FOOD.
3 Q. FOR LUNCH?
4 A. FOR LUNCH.
5 Q. AND YOU DO THAT ON A REGULAR BASIS, SIR?
6 A. YES, SIR.
7 Q. AND HOW LONG HAVE YOU BEEN DOING THAT PRIOR TO
8 OCTOBER THE 12TH OF 2011, AN APPROXIMATE, IF YOU CAN?
9 A. A YEAR OR TWO.
10 Q. OKAY. SO YOU ARE A REGULAR, AT LEAST AT
11 LUNCHTIME, AT PATTY'S PLACE?
12 A. CORRECT.
13 Q. DIRECTING YOUR ATTENTION TO OCTOBER THE 12TH OF
14 2011, DO YOU REMEMBER BEING AT PATTY'S PLACE AROUND
15 LUNCHTIME?
16 A. YES.
17 Q. IS THERE A SPECIFIC LOCATION WHERE YOU SIT, OR
18 SPECIAL TABLE WHERE YOU SIT WHEN YOU HAVE LUNCH AT PATTY'S?
19 A. YES.
20 Q. AND WHEN YOU HAVE LUNCH AT PATTY'S, ARE YOU BY
21 YOURSELF OR WITH A GROUP?
22 A. NORMALLY A GROUP.
23 Q. IS IT THE SAME PLAYERS OR THE SAME PEOPLE IN THAT
24 GROUP MOST OF THE TIME?
25 A. MOST OF THE TIME.
26 Q. AND WHO IS THAT?
51
1 A. THERE IS ROBERT CONWAY, RICK CONWAY, MIKE CONWAY,
2 HILLER PACHEU AND MYSELF.
3 Q. ON OCTOBER 12TH OF 2011 WERE YOU WITH YOUR NORMAL
4 GROUP AT THE NORMAL TABLE?
5 A. YES.
6 Q. DID SOMETHING OUT OF THE ORDINARY OCCUR?
7 A. CORRECT.
8 Q. CAN YOU TELL THE GRAND JURY WHAT HAPPENS AS YOU
9 ARE HAVING LUNCH AT PATTY'S PLACE ON THE 12TH OF OCTOBER,
10 2011?
11 A. WELL, WE HAD JUST FINISHED UP LUNCH, AND ONE OF,
12 WHICH I BELIEVE IS A WORKER AT SALON MERITAGE, AND SHE HAD
13 ON HER SMOCK, CAME RUNNING THROUGH THE FRONT DOOR OF PATTY'S
14 PLACE HYSTERICAL, SCREAMING, CALL THE POLICE, HE IS SHOOTING
15 EVERYBODY.
16 Q. OKAY. NOW, WHERE IN RELATION IS PATTY'S PLACE IS
17 SALON MERITAGE?
18 A. ACTUALLY NEXT DOOR TO SALON MERITAGE, SO IT WOULD
19 BE JUST SOUTH OF SALON MERITAGE.
20 Q. BY MR. SIMMONS: ALL RIGHT. AND NOW I AM GOING TO
21 SHOW YOU WHAT HAS BEEN MARKED AS PEOPLE'S 20 FOR
22 IDENTIFICATION.
23 IT IS AN AERIAL PHOTOGRAPH OF THE AREA; CAN YOU
24 SEE THAT, SIR?
25 A. YES, I CAN.
26 Q. AND CAN YOU ORIENT YOURSELF TO WHERE PATTY'S
52
1 PLACE IS AND SALON MERITAGE IS FROM THAT AERIAL DIAGRAM?
2 A. YES, I CAN.
3 Q. OKAY. AND IF YOU CAN POINT TO, AND JUST A
4 GENERAL AREA, IT DOESN'T HAVE TO BE SPECIFIC, CAN YOU POINT
5 TO THE AREA WHERE PATTY'S PLACE IS LOCATED, JUST POINT ON
6 THE SCREEN AND I AM GOING TO MARK THE DIAGRAM.
7 A. (WITNESS COMPLIES).
8 Q. OKAY. SO AM I IN THE RIGHT AREA WITH THE PEN
9 (INDICATING)?
10 A. YOU ARE.
11 Q. I AM GOING TO GO AHEAD AND WRITE "PATTY'S" ON
12 THAT. I DON'T KNOW IF YOU CAN SEE IT VERY WELL. DO WE HAVE
13 ANOTHER PEN? A SHARPIE. THANK YOU. I WILL TRY THAT AGAIN.
14 I HAVE MARKED NOW WITH A SHARPIE, "PATTY'S," IS
15 THAT IN THE GENERAL LOCATION THERE?
16 A. YES, SIR.
17 Q. AND THEN SALON MERITAGE, WHERE WOULD THAT BE?
18 A. RIGHT HERE (INDICATING) ON THE CORNER.
19 Q. OKAY. I AM JUST GOING TO PUT "SALON" ON THE
20 CORNER THERE.
21 SO YOU ARE IN THERE, DO YOU RECALL ABOUT, AND IF
22 YOU DON'T KNOW, IT'S OKAY TO SAY YOU DON'T KNOW, BUT ABOUT
23 WHAT TIME WAS IT WHEN YOU HEARD THIS INDIVIDUAL, AND SAW
24 THIS INDIVIDUAL RUN IN SCREAMING?
25 A. I WOULD SAY IT WAS APPROXIMATELY AN HOUR AFTER WE
26 ARRIVED, WE GOT THERE AROUND 12:00, AND WE HAD JUST FINISHED
53
1 UP LUNCH, SO I WOULD SAY NEAR 1:00 O'CLOCK.
2 Q. AND YOU ARE NOT LOOKING AT YOUR WATCH; IS THAT
3 FAIR TO SAY?
4 A. THAT IS FAIR TO SAY.
5 Q. SO APPROXIMATELY 1:00 P.M.?
6 A. CORRECT.
7 Q. AND YOU HAVE IDENTIFIED THIS INDIVIDUAL THAT
8 ENTERED PATTY'S PLACE AS SCREAMING AND YELLING?
9 A. CORRECT.
10 Q. CAN YOU DESCRIBE HER DEMEANOR FOR THE GRAND JURY.
11 A. WHEN SHE CAME THROUGH THE DOOR SHE WAS CRYING,
12 HYSTERICAL, BODY MOVEMENT WAS ALL OVER THE PLACE, SHE WAS,
13 SHE RAN THROUGH THE DOOR TOWARDS WHERE OUR TABLE WAS, AND
14 JUST TOTALLY SCARED.
15 Q. OKAY. AND YOU SAY SCARED BASED ON WHAT?
16 A. SCARED BASED UPON HER STATEMENT OF, CALL THE
17 POLICE, HE'S SHOOTING EVERYBODY.
18 Q. OKAY. NOW, DID YOU HEAR ANYTHING OUT OF THE
19 ORDINARY PRIOR TO HEARING THAT INDIVIDUAL COME IN YELLING
20 AND SEEING HER COME IN; ANYTHING OUT OF THE ORDINARY UP
21 UNTIL THAT POINT?
22 A. NOTHING.
23 Q. OKAY. WHAT IS THE NEXT THING THAT HAPPENS AFTER
24 YOU SEE THIS INDIVIDUAL RUN IN TO PATTY'S AND SCREAMING
25 HYSTERICALLY; WHAT IS THE NEXT THING THAT HAPPENS?
26 A. EVERYBODY KIND OF WITHIN THE BAR KIND OF DRAWS
54
1 THEIR ATTENTION TO HER. AND WE ARE REALLY TRYING TO MAKE
2 OUT WHAT SHE IS SAYING. I MEAN SHE SAID IT SO MANY TIMES,
3 BUT THE WORDS WERE JUMBLED. AND WE WERE ABLE TO KIND OF GET
4 HER TO CALM DOWN, AND SHE KEPT JUST REPEATING, CALL THE
5 POLICE, HE'S SHOOTING EVERYBODY, CALL THE POLICE, HE'S
6 SHOOTING EVERYBODY. ROSE, WHICH WAS THE BARTENDER, GRABBED
7 THE PHONE AND IMMEDIATELY STARTED DIALING 911.
8 Q. AND DID YOU ACTUALLY PHYSICALLY OBSERVE ROSE GRAB
9 THE PHONE AND DIAL 911?
10 A. I DID.
11 Q. AND YOU ARE STANDING RIGHT THERE, SIR?
12 A. I AM STANDING RIGHT THERE.
13 Q. LET ME BACK UP A LITTLE BIT.
14 HOW DID YOU KNOW, YOU SAID IT BRIEFLY, BUT IF YOU
15 COULD DESCRIBE A LITTLE MORE DETAIL, HOW DID YOU KNOW THAT
16 THIS INDIVIDUAL HAD COME FROM SALON MERITAGE, OR WHY YOU
17 THOUGHT THIS INDIVIDUAL CAME FROM SALON MERITAGE?
18 A. FROM TIME TO TIME THE STYLISTS WOULD COME IN TO
19 PATTY'S PLACE, EITHER TO PICK UP LUNCH, TO ORDER LUNCH, AND
20 THEY ALL HAVE THE SAME SMOCK.
21 Q. OKAY.
22 A. SHE CAME IN THROUGH THE DOOR, AND I RECOGNIZED
23 THE SMOCK THAT SHE WAS WEARING, WHICH IS THEIR OUTFIT THAT
24 THE STYLISTS WEAR.
25 Q. YOU SAY SMOCK, I THINK WE UNDERSTAND, CAN YOU
26 DESCRIBE A LITTLE BIT IN DETAIL WHAT IT LOOKS LIKE.
55
1 A. IT IS MORE LIKE AN APRON.
2 Q. OKAY, FAIR ENOUGH.
3 SO SHE IS SCREAMING AND YELLING, YOU ARE STANDING
4 THERE, ROSE PICKS UP THE PHONE AND DIALS 911 IN YOUR
5 PRESENCE?
6 A. CORRECT.
7 Q. WHAT HAPPENS NEXT?
8 A. EVERYBODY IS KIND OF SHUFFLING AROUND, BECAUSE AT
9 THAT POINT IN TIME OUR SENSES KIND OF HEIGHTENED, AND I
10 COULD HEAR THE GUNSHOTS. AND THERE WAS AT LEAST TWO TO FOUR
11 GUNSHOTS AT THAT POINT IN TIME.
12 Q. LET ME STOP YOU THERE IF I CAN, ALL RIGHT. I
13 APOLOGIZE FOR INTERRUPTING.
14 A. YEAH.
15 Q. HAVE YOU HEARD GUNSHOTS PRIOR TO OCTOBER THE 12TH
16 OF 2011?
17 A. I HAVE.
18 Q. OKAY. AND HOW MANY TIMES HAVE YOU HEARD GUNSHOTS
19 BEFORE, ROUGHLY?
20 A. TWO OR THREE TIMES.
21 Q. OKAY. AND THE SHOTS OR THE NOISES THAT YOU HEARD
22 ON OCTOBER THE 12TH OF 2011, WERE THOSE SOUNDS CONSISTENT
23 WITH THE GUNSHOTS YOU HEARD PRIOR TO THAT DAY?
24 A. YES, SIR.
25 Q. OKAY. SO, I AM SORRY, YOU WERE SAYING YOU HEARD
26 GUNSHOTS; WHAT HAPPENS NEXT?
56
1 A. HEARD GUNSHOTS. EVERYBODY THAT WAS IN MY BOOTH,
2 WHICH CONSISTED OF MIKE, SITTING ON THE VERY EDGE OF THE
3 TABLE, THE TABLE REALLY CAN SIT FOUR, WHICH IS A BOOTH, AND
4 THEN THEY BRING UP A BAR STOOL FOR THE FIFTH ONE THAT SITS
5 OUTSIDE. SO MIKE JUMPED UP, AND HE WAS LITERALLY BACKED UP
6 AGAINST THE WALL. HILLER, WHO SITS ON THE VERY END, KIND OF
7 SLID OUT OF THE SEAT. I SLID OUT OF THE BOOTH.
8 AND AT THAT POINT IN TIME WE WERE ALL TRYING TO
9 CONSOLE THE EMPLOYEE THAT CAME IN, TO GET HER TO CALM DOWN
10 WHILE ROSE WAS DIALING 911, TO BASICALLY GET A BETTER
11 UNDERSTANDING OF WHAT SHE WAS SAYING, AND TRY TO GET A
12 LITTLE MORE INFORMATION.
13 AT THAT POINT IN TIME ROSE CONNECTED WITH 911,
14 YOU CAN HEAR, BECAUSE I BELIEVE SHE PUT IT ON SPEAKER, SO
15 SHE WAS TRYING TO GET INFORMATION FROM THE 911 OPERATOR,
16 RELAY IT TO THE WORKER, TAKE THE WORKER'S TESTIMONY, RELAY
17 IT BACK TO THE 911 OPERATOR. AND I BEGAN TO WORK MY WAY UP
18 TOWARDS THE FRONT DOOR OF PATTY'S PLACE.
19 Q. ALL RIGHT. SO NOW WHERE YOU ARE SEATED IN THIS
20 BOOTH, CAN YOU SEE OUTSIDE OF THE RESTAURANT?
21 A. FROM THE BOOTH THAT WE SIT IN YOU CAN SEE OUT THE
22 FRONT DOOR AREA.
23 Q. OKAY. AND HOW IS IT THAT YOU CAN SEE OUT THE
24 FRONT DOOR?
25 A. THE DOOR HAD A BIG GLASS PANE WINDOW THAT IS NOT
26 DISTORTED, I THINK IT DOES HAVE A LITTLE SHADE OF A TINT ON
57
1 IT, BUT YOU CAN SEE DIRECTLY IN AND OUT THROUGH THE WINDOW.
2 Q. AND CAN YOU DESCRIBE TO THE GRAND JURY, WHEN YOU
3 SAY IT HAS A WINDOW ON IT, IS IT A SMALL WINDOW, IS IT HALF
4 THE DOOR, IS IT A FULL LENGTH WINDOW?
5 A. I WOULD SAY IT IS ABOUT HALF THE DOOR.
6 Q. UNOBSTRUCTED, YOU SAID YOU CAN SEE DIRECTLY IN
7 AND OUT OF THE RESTAURANT?
8 A. UNOBSTRUCTED, YES.
9 Q. AS YOU WORK YOURSELF TOWARDS THE FRONT DOOR, ARE
10 YOU LOOKING OUT THE FRONT DOOR AT THAT POINT?
11 A. AS I WORK MY WAY TOWARDS THE FRONT DOOR I AM
12 LOOKING OUT THE WINDOW.
13 Q. AND WHAT IF ANYTHING DO YOU SEE WHEN YOU ARE
14 LOOKING OUT THE FRONT WINDOW?
15 A. WELL, AS I AM LOOKING OUT THE FRONT WINDOW, I SEE
16 JUST A MIRAGE OF PEOPLE RUNNING EVERYWHERE. AT THE CORNER
17 OF P.C.H. THERE IS A GAS STATION, WHICH THERE IS A LOT OF
18 WORKERS WITH THEIR YELLOW VEST SMOCKS ON, I SEE THOSE GUYS
19 RUNNING AROUND. I SEE VARIOUS DIFFERENT BUSINESS
20 ESTABLISHMENTS, AND THERE IS PEOPLE RUNNING UP THE STAIRS,
21 DOWN THE STAIRS, JUST A BUNCH OF CHAOS OF PEOPLE RUNNING
22 AROUND, AS IT WOULD BE AS IF SOMEBODY WAS SHOOTING.
23 Q. NOW, WHEN YOU SAY STAIRS, ARE YOU TALKING ABOUT
24 ARE THERE STAIRS TO THE BUSINESSES IN THAT AREA; IS THAT
25 WHAT YOU MEAN?
26 A. THERE ARE LOCAL BUSINESS OFFICES WITHIN THAT
58
1 COMPLEX.
2 Q. OKAY. KIND OF A CHAOTIC SCENE, IF YOU WILL?
3 A. VERY CHAOTIC.
4 Q. WHAT ELSE DID YOU SEE?
5 A. AS I AM LOOKING OUT THE WINDOW, SEE EVERYBODY
6 RUNNING AROUND, I SEE A GENTLEMAN THAT WALKS RIGHT ACROSS MY
7 PATH, NOT DIRECTLY IN FRONT OF THE DOOR, BUT HE IS COMING
8 FROM THE SALON MERITAGE AREA. HE WALKS RIGHT INTO THE
9 COMMON DRIVEWAY, WHICH IS LITERALLY, FROM MY VIEW HE WAS
10 FIVE FEET AWAY, SIX FEET AWAY. AS HE IS WALKING, I AM
11 TRYING TO PUT THE PICTURE TOGETHER, EVERYBODY IS RUNNING BUT
12 THIS ONE GENTLEMAN, AND AT FIRST WHEN I LOOKED AT HIM, I
13 THOUGHT HE WAS A DERELICT AND HE JUST DIDN'T UNDERSTAND WHAT
14 WAS GOING ON, AND HE WAS PUTTING HIMSELF IN HARM.
15 Q. OKAY. WHEN YOU SAY ABOUT FIVE FEET AWAY, CAN YOU
16 GIVE A DISTANCE IN RELATION TO WHERE YOU ARE SITTING TO
17 SOMEWHERE HERE IN THE ROOM RIGHT NOW?
18 A. FROM WHERE I AM STANDING LOOKING OUT THE WINDOW,
19 HE WAS AS CLOSE AS THE YOUNG LADY WITH THE YELLOW JACKET ON.
20 Q. OKAY. SO MAYBE FIVE TO TEN FEET?
21 A. FIVE TO TEN FEET.
22 Q. OKAY. AND WHAT CAUGHT YOUR ATTENTION WAS THE
23 FACT THAT THERE WAS THIS ONE INDIVIDUAL THAT WASN'T RUNNING
24 AROUND IN A CHAOTIC FASHION, CORRECT?
25 A. JUST VERY CALM.
26 Q. AND CAN YOU DESCRIBE HIS DEMEANOR OTHER THAN
59
1 CALM, CAN YOU DESCRIBE IT MORE, OR IS THAT THE BEST WAY YOU
2 CAN DESCRIBE IT?
3 A. HE HAD ZERO EXPRESSION ON HIS FACE. HIS HEAD WAS
4 SLIGHTLY TILTED DOWN AS IF HE WAS LOOKING AT THE GROUND. HE
5 HAD, IT LOOKED LIKE A SEMI-LIMP AS HE WALKED. HIS SHOULDERS
6 WERE ERECT AND SQUARE, WITH HIS FACE STILL KIND OF DOWNWARD.
7 CASUAL CALM STROLL, AS IF YOU WERE JUST ENJOYING THE PARK.
8 Q. OKAY. NOW, I AM GOING TO DIRECT YOUR ATTENTION
9 AGAIN, IF I MAY, TO THE AERIAL DIAGRAM THAT HAS BEEN MARKED
10 AS PEOPLE'S NUMBER 20; THAT'S THE DIAGRAM, SIR, THAT WE
11 MARKED PATTY'S ON AND THE SALON.
12 A. CORRECT.
13 Q. CAN YOU POINT TO THE GENERAL AREA WHERE YOU FIRST
14 SAW THE INDIVIDUAL ACTING CALMLY, IF YOU WILL.
15 A. (WITNESS COMPLIES).
16 Q. AND I AM GOING TO DO MY BEST HERE TO MARK IT.
17 A. RIGHT IN THE MIDDLE.
18 Q. IS THE PEN IN THE RIGHT SPOT (INDICATING)?
19 A. RIGHT ABOUT IN THERE, YES.
20 Q. I AM GOING TO MARK THAT AS A D-1, OKAY.
21 AND FOR THE RECORD THAT IS RIGHT IN THE CENTER OF
22 THE DIAGRAM, CAN YOU SEE WHERE I HAVE MARKED, IT IS KIND OF
23 HARD TO SEE, IT IS KIND OF A SHADE AND I MARKED WITH A BLACK
24 PEN?
25 A. I BELIEVE SO, YES.
26 Q. ALL RIGHT. WHAT IS THE NEXT THING THAT YOU SEE
60
1 AS YOU ARE LOOKING OUT?
2 A. MY EYES, FOR WHATEVER REASON, KIND OF GRAVITATED
3 TO THIS GENTLEMAN, BECAUSE, AS I STATED, I WAS A LITTLE
4 CONCERNED THAT HE JUST REALLY DIDN'T UNDERSTAND WHAT WAS
5 GOING ON. AND YOU COULD HEAR, YOU HEARD THE SHOTS, YOU SEEN
6 THE CHAOS, AND THEN THIS ONE OUT OF PLACE ELEMENT JUST KIND
7 OF SLOWLY WALKING ACROSS THE PARKING LOT.
8 I CONTINUED TO FIXATE ON HIM AS HE WALKED THROUGH
9 THE PARKING LOT INTO THE COMMON AREA, HEADING TO THE CARS IN
10 THE SECOND ROW, TOWARDS THE THIRD ROW RIGHT BEHIND PATTY'S
11 PLACE.
12 Q. AND DID YOU SEE HIM ULTIMATELY GET TO A CAR IN
13 THE PARKING LOT?
14 A. ABSOLUTELY.
15 Q. AND CAN YOU SEE THE GENERAL AREA, I AM NOT ASKING
16 FOR THE SPECIFIC PARKING SPOT, BUT THE GENERAL AREA THAT YOU
17 SAW HIM WALK TO; CAN YOU DO THAT?
18 A. I'D SAY IT'S ABOUT RIGHT IN HERE (INDICATING).
19 Q. AND IT LOOKS LIKE, AND CORRECT ME IF I AM WRONG,
20 YOU ARE POINTING, THERE IS ALMOST A VACANT SPOT ON THIS
21 DIAGRAM; IS THAT RIGHT?
22 A. CORRECT.
23 Q. THE GENERAL AREA?
24 A. AND I WOULD SAY A LITTLE BIT MORE TO THE LEFT OF
25 THAT (INDICATING), SO HE HAD GONE OVER IN THIS AREA
26 (INDICATING).
61
1 Q. THE FIRST CAR?
2 A. IN BETWEEN, I WOULD SAY, THE FIRST AND SECOND
3 CAR.
4 Q. SO I AM JUST GOING TO PUT AN "X" IN THAT GENERAL
5 LOCATION; AM I IN THE RIGHT SPOT?
6 A. YES.
7 Q. AND FOR THE DIAGRAM THAT'S TO THE LEFT MIDDLE OF
8 THE DIAGRAM MARKED WITH AN "X."
9 THAT'S THE AREA WHERE YOU SEE HIM GO TO THE CAR,
10 CORRECT?
11 A. CORRECT.
12 Q. NOW, ARE YOU STILL IN THE RESTAURANT, PATTY'S
13 PLACE, LOOKING OUT THE WINDOW AT THIS POINT?
14 A. I AM IN THE RESTAURANT LOOKING OUT THE WINDOW.
15 Q. UNOBSTRUCTED VIEW?
16 A. UNOBSTRUCTED VIEW.
17 Q. CLEAR VIEW?
18 A. CLEAR VIEW.
19 Q. WHAT DO YOU SEE HAPPEN NEXT?
20 A. HE IS WALKING TO, AT THE TIME WHICH WAS HIS CAR,
21 BUT HE IS WALKING BEHIND A WHITE TRUCK. HE WALKS RIGHT
22 BEHIND THE WHITE TRUCK AND HE IS WORKING HIS WAY, WALKING UP
23 TO THE DRIVER'S SIDE DOOR. THERE IS A CAR THAT IS PARKED
24 RIGHT NEXT TO HIM, AND I HAD SEEN THE CAR PULL IN AS HE WAS
25 BEGINNING TO MAKE HIS DRIVE, AND I BELIEVE IT WAS A JEEP
26 CHEROKEE, IT WAS A JEEP'ISH TYPE CAR. AND AS HE WALKED
62
1 BEHIND HIS CAR AND HE WALKED UP TO THE DRIVER'S DOOR, HIS
2 ARM IMMEDIATELY WENT UP, AND I HEARD TWO SHOTS DISCHARGE
3 FROM A GUN.
4 Q. OKAY. NOW, THE CAR THAT PULLED UP, YOU HAVE
5 INDICATED YOU DESCRIBED IT AS A JEEP LIKE CAR, DO YOU KNOW
6 WHAT KIND OF CAR THAT IS?
7 A. I BELIEVE IT WAS AN OLDER, MAYBE A JEEP CHEROKEE.
8 Q. IF YOU DON'T KNOW, IT IS OKAY.
9 A. I COULDN'T TELL THE ACTUAL MAKE AND MODEL OF IT,
10 BUT I BELIEVE IT WAS AN OLDER JEEP TYPE CAR.
11 (FOR I.D. = GRAND JURY EXHIBIT 33)
12 Q. BY MR. SIMMONS: I AM GOING TO SHOW YOU WHAT HAS
13 BEEN MARKED AS PEOPLE'S OR EXHIBIT 33, YOU RECOGNIZE THAT,
14 SIR?
15 A. THAT IS THE CAR.
16 Q. OKAY. THAT'S THE CAR THAT YOU DESCRIBED YOU
17 THOUGHT WAS A JEEP LIKE CAR?
18 A. CORRECT.
19 Q. OKAY. NOW, YOU HAVE INDICATED THAT THIS PERSON
20 THAT WAS VERY CALM, HIS TRUCK WAS PARKED, IF WE ARE LOOKING
21 AT THIS PHOTOGRAPH, HIS TRUCK WOULD HAVE BEEN PARKED TO THE
22 LEFT OF THAT; IS THAT TRUE?
23 A. THAT IS CORRECT.
24 Q. AND YOU INDICATED THAT YOU SAW HIM RAISE UP HIS
25 ARM (INDICATING)?
26 A. CORRECT.
63
1 Q. AND YOU HEARD GUNSHOTS?
2 A. CORRECT.
3 Q. COULD YOU ACTUALLY SEE THE GUN AT THAT POINT OR
4 NOT?
5 A. AT THE TIME THAT HE RAISED HIS ARMS UP, I COULD
6 NOT. ONCE THE DISCHARGE WENT OFF, I COULD SEE THAT HE HAD A
7 GUN IN HIS HAND.
8 Q. OKAY. AND YOU COULD SEE WHICH DIRECTION HE WAS
9 FIRING THE GUN, CORRECT?
10 A. CORRECT.
11 Q. AND THAT WOULD HAVE BEEN TOWARDS, IT TURNS OUT TO
12 BE THIS LAND ROVER?
13 A. IT WOULD HAVE BEEN TOWARDS THE LAND ROVER
14 PASSENGER DOOR.
15 Q. OKAY. NOW, CAN YOU GIVE US AN APPROXIMATE
16 DISTANCE AGAIN, YOUR DISTANCE WHERE YOU ARE LOOKING OUT THE
17 DOOR OF PATTY'S PLACE TO WHERE THE INDIVIDUAL WAS WHEN HE
18 FIRED THESE TWO ADDITIONAL SHOTS TOWARDS THE LAND ROVER, AND
19 I AM GOING TO PUT PEOPLE'S 20, THE AERIAL, BACK UP THERE FOR
20 YOU.
21 CAN YOU GIVE US AN APPROXIMATION, SIR.
22 A. I WOULD SAY THAT'S APPROXIMATELY 15 FEET, MAYBE
23 20.
24 Q. ONCE AGAIN, IF YOU COULD TELL US IN THE GRAND
25 JURY ROOM JUST FROM WHERE YOU ARE SEATED TO APPROXIMATELY
26 WHERE IN THE GRAND JURY ROOM.
64
1 A. IT WOULD BE AT LEAST THE TWO GENTLEMEN AT THE
2 VERY END.
3 Q. SO BASICALLY FROM ONE SIDE OF THE GRAND JURY ROOM
4 WHERE YOU ARE LOCATED TO THE OTHER END; IS THAT RIGHT?
5 A. CORRECT.
6 Q. AND THAT'S THE APPROXIMATE DISTANCE?
7 A. THAT'S THE APPROXIMATE DISTANCE.
8 Q. AFTER YOU SEE THIS INDIVIDUAL, THIS CALM
9 INDIVIDUAL RAISE UP HIS ARM AND FIRE TWO SHOTS TOWARDS THE
10 PASSENGER'S SIDE OF THAT LAND ROVER, WHAT HAPPENS NEXT?
11 A. I CAN HEAR ROSE STILL GETTING INFORMATION FROM
12 THE YOUNG LADY THAT CAME IN TO PATTY'S. I IMMEDIATELY SAY,
13 HE'S THE SHOOTER, HE'S THE SHOOTER, HE'S DRIVING A WHITE
14 TRUCK, IT HAS A BLACK RACK ON THE TOP. AND I TRIED TO
15 DESCRIBE AS MUCH AS I COULD ABOUT THE TRUCK HE GOT INTO. IT
16 WAS A NEW TRUCK, I COULDN'T TELL THE MAKE OR MODEL OF THE
17 TRUCK, IT WAS A NEW TRUCK, WHITE TRUCK, HAD A BLACK RACK ON
18 THE TOP OF IT.
19 I COULD HEAR EVERYBODY SCREAMING, GET THE LICENSE
20 PLATE, GET THE LICENSE PLATE, SO I AM LOOKING AND STARING AT
21 THE TRUCK TRYING TO GET THE LICENSE PLATE, BUT HE DIDN'T
22 HAVE A FRONT PLATE NORMALLY THAT YOU WOULD SEE WHEN YOU GET
23 A BRAND NEW TRUCK, IT HAS THE PAPER FRONT PLATE WHERE THE
24 OFFICIAL PLATE MAY NOT HAVE BEEN IN THERE, OR THEY WERE
25 NEVER PUT IN THERE. SO I AM TELLING THEM, I CAN'T SEE,
26 THERE IS NO LICENSE PLATE. AND I KEPT DESCRIBING THE TRUCK.
65
1 AS HE WAS BACKING OUT, I FIXATED ON HIM, HE WAS
2 VERY CALM, ONCE AGAIN. NOTHING THAT YOU WOULD EXPECT FROM
3 ANYBODY THAT HAD JUST SHOT SOMEBODY, OR WAS TRYING TO GET
4 AWAY. HE LOOKED OVER HIS SHOULDER, HE SLOWLY BACKED THE
5 TRUCK OUT, AND HE WENT TOWARDS A SOUTHEAST DIRECTION OUT OF
6 THE PARKING LOT. JUST VERY CALM.
7 Q. OKAY. AND YOU ACTUALLY SAW HIM GET INTO THAT
8 WHITE TRUCK, I TAKE IT?
9 A. I SAW HIM GET INTO THE TRUCK.
10 Q. AND YOU SAW THE TRUCK EXIT?
11 A. I SAW THE TRUCK EXIT.
12 Q. WERE YOU EVER ABLE TO OBTAIN THE LICENSE PLATE?
13 A. NO.
14 Q. OKAY. WHAT IS THE NEXT THING THAT HAPPENS AFTER
15 YOU SEE THIS INDIVIDUAL DRIVE OUT OF THE PARKING LOT; WHAT
16 DO YOU DO?
17 A. I IMMEDIATELY EXIT OUT OF PATTY'S PLACE, AND I
18 RUN TO THE FIRST COMMON PARKING LOT RIGHT OUT THE DOOR OF
19 PATTY'S PLACE. AND I WANTED TO SEE WHAT DIRECTION THE TRUCK
20 WAS HEADING, AND IF HE WAS GOING TO TURN LEFT, WHICH WOULD
21 HAVE TOOK HIM BACK TO P.C.H. TOWARDS THE MCDONALD'S AREA, OR
22 IF HE WAS GOING TO TURN RIGHT, AND COME OUT TOWARDS MARINA
23 DRIVE AREA.
24 SO AS I STAND IN THE MIDDLE PARKING LOT AREA, I
25 AM LOOKING IN THE DIRECTION HE IS COMING, I AM TRYING TO GET
26 THE BACK LICENSE PLATE, TO SEE IF THERE IS A BACK LICENSE
66
1 PLATE. SO HE MAKES THE RIGHT TURN, WHICH PUTS HIM DIRECTLY
2 IN THE IMMEDIATE PATHWAY OF WHERE I WAS STANDING.
3 Q. ALL RIGHT. AND THEN WHAT HAPPENS WHEN YOU MEET
4 AT THAT POINT?
5 A. HE STOPS THE TRUCK, AND HE LOOKS BACK DOWN THE
6 DIRECTION TOWARDS SALON MERITAGE AND DIRECTLY AT ME. AND AT
7 THAT POINT IN TIME I PANIC LIKE, OH, I DON'T KNOW WHAT HE IS
8 GOING TO DO, IF HE IS GOING TO FIRE ANOTHER SHOT, SO I KIND
9 OF TRY TO RUN TOWARDS A CAR FOR COVER. HE SLOWLY MAKES A
10 LEFT TURN AND HE GOES OUT TOWARDS THE DRIVEWAY AND HE MAKES
11 A RIGHT. AND THEN I IMMEDIATELY RAN TO THE CORNER OF MARINA
12 DRIVE AND THE COMPLEX, TO SEE ONCE AGAIN IF I CAN GET A
13 LICENSE PLATE, OR WHICH DIRECTION HE WOULD HAVE CONTINUED AT
14 THAT POINT.
15 Q. SO LET ME STOP YOU THERE. IF I AM ON A DIAGRAM,
16 THIS AERIAL DIAGRAM AGAIN I BELIEVE IS PEOPLE'S 20, YOU
17 INDICATED THAT HE EXITED THE PARKING LOT AND YOU ACTUALLY
18 WATCHED HIM, I THINK YOU SAID, TURN RIGHT ON MARINA DRIVE;
19 IS THAT RIGHT?
20 A. CORRECT, HE IS EXITING HERE (INDICATING).
21 Q. OKAY. I AM GOING TO GO AHEAD AND MARK THAT WITH
22 A D-1 AGAIN, ACTUALLY LET'S MAKE IT A D-2.
23 AM I IN THE RIGHT LOCATION (INDICATING)?
24 A. YES.
25 Q. THAT'S THE LOCATION ON THE DIAGRAM TO THE LEFT OF
26 THE PHOTO THERE, KIND OF TOWARDS THE TOP OF THE D-2, THAT IS
67
1 THE EXIT YOU SAW THIS INDIVIDUAL DRIVE OUT OF, CORRECT?
2 A. CORRECT.
3 Q. AND THEN YOU SAW HIM TURN RIGHT ONTO MARINA
4 DRIVE?
5 A. CORRECT.
6 Q. AND HOW FAR DOWN MARINA DRIVE DID YOU SEE HIM?
7 A. ACTUALLY ONCE HE TURNED RIGHT, AND BY THE TIME I
8 GOT FROM MY LOCATION HERE TO RIGHT IN HERE (INDICATING), I
9 COULDN'T SEE WHICH WAY HE WENT AT THAT POINT IN TIME.
10 Q. SO YOU KNOW HE TURNED RIGHT, BUT YOU DON'T KNOW
11 WHERE HE WENT OFF OF MARIA DRIVE, TRUE?
12 A. CORRECT.
13 Q. SO ON THE DIAGRAM I AM JUST GOING TO PUT AN ARROW
14 TO SHOW THAT HE TURNED RIGHT; FAIR ENOUGH (INDICATING)?
15 A. FAIR ENOUGH.
16 Q. AND YOU DON'T KNOW WHERE HE WENT FROM THERE?
17 A. NO.
18 Q. OKAY. NOW, WHEN YOU HAD THE OPPORTUNITY TO LOOK
19 AT HIM, IN OTHER WORDS, YOU INDICATED THAT YOUR EYES MET HIS
20 AGAIN BASICALLY, RIGHT, WHEN HE IS DRIVING AWAY, DID YOU GET
21 A GOOD LOOK AT HIS FACE?
22 A. I DID.
23 Q. AND ON THE PRIOR TIMES WHEN YOU ARE IN THE
24 RESTAURANT, THE FIRST INSTANT YOU SAW HIM WHICH WAS MARKED
25 D-1, DID YOU GET A GOOD LOOK AT HIS FACE, EVEN THOUGH HE IS
26 LOOKING DOWN?
68
1 A. I HAD A SIDE VIEW OF HIM AT THAT POINT IN TIME.
2 THE VERY FIRST INDICATION WHERE I GOT A GOOD LOOK AT HIM IS
3 WHEN HE CAME FROM THE BACK SIDE OF HIS TRUCK, AND HE IS
4 WALKING BACK TOWARDS THE DRIVER'S SEAT.
5 Q. OKAY. AND WE HAVE MARKED THAT WITH AN "X," IS
6 THAT TRUE?
7 A. THAT IS CORRECT.
8 Q. GENERAL AREA?
9 A. CORRECT.
10 Q. AND YOU ARE STILL IN PATTY'S LOOKING OUT THE
11 FRONT DOOR, CORRECT?
12 A. CORRECT.
13 Q. SO YOU HAVE ONE OPPORTUNITY YOU SEE THE SIDE
14 VIEW, CORRECT?
15 A. CORRECT.
16 Q. ANOTHER OPPORTUNITY THAT IS MARKED "X" WHERE YOU
17 SEE HIS FACE FROM THE FRONT?
18 A. FROM THE FRONT.
19 Q. AND THEN THE THIRD OCCASION IS WHEN HE IS DRIVING
20 THE CAR OUT AND HE LOOKS TO THE RIGHT AND YOU MEET EYES WITH
21 HIM?
22 A. WE MEET EYES, CORRECT.
23 Q. ALL RIGHT. NOW, I AM GOING TO SHOW YOU WHAT HAS
24 BEEN MARKED AS PEOPLE'S, OR EXHIBIT 1; YOU RECOGNIZE THAT
25 INDIVIDUAL, SIR?
26 A. I DO.
69
1 Q. AND WHO DO YOU RECOGNIZE THAT INDIVIDUAL TO BE?
2 A. AS THE GENTLEMAN THAT I SAW WALKING ACROSS THE
3 PARKING LOT AROUND THE WHITE TRUCK, THAT SHOT INTO THE JEEP
4 NEXT, AND THAT PULLED OUT INTO MARINA DRIVE.
5 Q. NOW, THE PERSON YOU INDICATED THAT YOU SAW IN
6 THIS, IT TURNS OUT IT IS A LAND ROVER, RIGHT, NOT A JEEP?
7 A. CORRECT.
8 Q. YOU INDICATED THAT YOU SAW THE PERSON THAT WAS
9 DRIVING THIS CAR ARRIVE, IS THAT FAIR TO SAY, OR WAS THAT
10 CAR PULLING IN, CAN YOU DESCRIBE THAT FOR US, PRIOR TO THE
11 SHOOTING?
12 A. PRIOR TO THE SHOOTING, WELL, NOT PRIOR TO THE
13 SHOOTING, AS THE SHOOTING HAD ALREADY TAKEN PLACE.
14 Q. LET ME REPHRASE, I AM SORRY TO INTERRUPT YOU,
15 BECAUSE THAT WAS A BAD QUESTION. I AM TALKING ABOUT PRIOR
16 TO SEEING THE INDIVIDUAL SHOOT INTO THAT CAR?
17 A. OH, CORRECT, YES.
18 Q. SO IN BETWEEN THE SHOTS IN THE SALON AND THE TIME
19 THAT THIS INDIVIDUAL SHOOTS INTO THE LAND ROVER --
20 A. CORRECT.
21 Q. -- YOU SAW IT APPROACH?
22 A. I SAW THE CAR APPROACH.
23 Q. OKAY. AND DID YOU SEE WHO WAS DRIVING THAT LAND
24 ROVER?
25 A. AT THE TIME, I DID NOT KNOW WHO WAS DRIVING THE
26 LAND ROVER.
70
1 Q. SO AFTER ALL IS SAID AND DONE YOU RUN OUT, DO THE
2 POLICE ARRIVE?
3 A. POLICE DO ARRIVE.
4 Q. OKAY. PARAMEDICS, EMERGENCY RESPONSE TEAMS,
5 RIGHT?
6 A. CORRECT.
7 Q. DID YOU HAVE AN OPPORTUNITY AT SOME POINT IN TIME
8 TO WALK BACK OVER TO THE LAND ROVER?
9 A. I DID.
10 Q. AND WHAT DID YOU SEE WHEN YOU DID THAT?
11 A. I SAW THE DRIVER, WHICH APPEARED TO HAVE BEEN
12 SHOT IN THE NECK, IN THE HEAD, WAS PROFUSELY BLEEDING. HE
13 WAS HUNCHED OVER THE, NOT OVER THE STEERING WHEEL, BUT HIS
14 HEAD WAS FACING DOWN. AND HE WAS TRYING TO BREATHE, TO TAKE
15 THAT LAST BREATH.
16 Q. DID YOU ACTUALLY PHYSICALLY OBSERVE HIM TRYING TO
17 BREATHE?
18 A. I DID.
19 Q. HAD YOU SEEN THAT PERSON PRIOR TO OCTOBER THE
20 12TH OF 2011?
21 A. I HAVE.
22 (FOR I.D. = GRAND JURY EXHIBIT 10)
23 Q. BY MR. SIMMONS: ALL RIGHT. AND I AM GOING TO SHOW
24 YOU WHAT HAS BEEN MARKED AS PEOPLE'S 10, EXCUSE ME, EXHIBIT
25 10; DO YOU RECOGNIZE THAT PERSON, SIR?
26 A. YES, SIR.
71
1 Q. IS THAT THE PERSON THAT WAS IN THE LAND ROVER
2 THAT GOT SHOT?
3 A. IT WAS.
4 Q. AND DID YOU KNOW THAT PERSON?
5 A. DAVE WOULD FREQUENTLY COME IN TO PATTY'S PLACE.
6 Q. SO YOU KNEW HIM AS DAVE?
7 A. CORRECT.
8 Q. DID YOU KNOW DAVE'S LAST NAME?
9 A. I KNEW HIM AS DAVE.
10 MR. SIMMONS: OKAY, FAIR ENOUGH.
11 I DON'T HAVE ANY FURTHER QUESTIONS FOR YOU, SIR,
12 BUT IF YOU CAN HANG TIGHT A SECOND, THE GRAND JURY HAS THE
13 OPPORTUNITY TO WRITE DOWN SOME QUESTIONS IF THEY HAVE ANY
14 QUESTIONS FOR YOU.
15 THE WITNESS: SURE.
16 THE GRAND JURY FOREPERSON: ARE THERE ANY QUESTIONS
17 FROM THE JURY?
18 (AFFIRMATIVE RESPONSES).
19 THE GRAND JURY SECRETARY: THESE WILL BE MARKED AS
20 EXHIBIT 35.
21 (FOR I.D. = GRAND JURY EXHIBIT 35)
22 MR. WAGNER: MADAM SECRETARY, WHAT WE HAVE DONE WITH
23 RESPECT TO THE FIRST WITNESS, WE HAD MARKED AS 34 QUESTIONS
24 THAT WERE ASKED, AND AS 35 QUESTIONS THAT WERE NOT ASKED.
25 IS IT PERMISSIBLE TO GROUP THEM IN THAT FASHION? WITH THIS
26 WITNESS 36 WOULD BE QUESTIONS ASKED, AND 37 QUESTIONS NOT
72
1 ASKED. WE CAN DO IT EITHER WAY.
2 THE GRAND JURY SECRETARY: OKAY, BUT CAN YOU PUT
3 QUESTIONS TO WITNESS GORDON GALLEGO AND QUESTIONS NOT ASKED
4 AS ONE EXHIBIT, 34?
5 MR. WAGNER: CERTAINLY.
6 THE GRAND JURY SECRETARY: SO QUESTIONS TO WITNESS
7 KENNETH CALEB WILL BE EXHIBIT 35. THOSE WILL BE QUESTIONS
8 ASKED AND NOT ASKED TOGETHER. THANK YOU.
9 MR. WAGNER: OKAY.
10 Q. BY MR. SIMMONS: SIR, DO YOU KNOW THE NAME OF THE
11 STYLIST THAT RAN INTO PATTY'S PLACE?
12 A. NO, I DID NOT KNOW HER NAME.
13 MR. SIMMONS: FAIR ENOUGH.
14 ANY OTHER QUESTIONS?
15 THE GRAND JURY FOREPERSON: ANY OTHER QUESTIONS?
16 (NO AFFIRMATIVE RESPONSE).
17 THE GRAND JURY FOREPERSON: THERE BEING NONE, WOULD YOU
18 PLEASE STAND.
19 THE WITNESS: (WITNESS COMPLIES).
20 THE GRAND JURY FOREPERSON: KENNETH CALEB, YOU ARE
21 ADMONISHED NOT TO DISCUSS OR REPEAT AT ANY TIME OUTSIDE THIS
22 JURY ROOM THE QUESTIONS YOU HAVE BEEN ASKED IN REGARD TO
23 THIS MATTER OR YOUR ANSWERS, WITH THE UNDERSTANDING THAT
24 SUCH DISCLOSURES ON YOUR PART MAY BE THE BASIS FOR A CHARGE
25 AGAINST YOU OF CONTEMPT OF COURT.
26 YOU ARE FREE TO CONSULT WITH YOUR ATTORNEY FOR
73
1 THE PURPOSES OF SEEKING LEGAL ADVICE, OR THE DISTRICT
2 ATTORNEY AND HIS OR HER INVESTIGATORS.
3 DO YOU UNDERSTAND?
4 THE WITNESS: YES, SIR.
5 THE GRAND JURY FOREPERSON: THAT BEING SAID, THANK YOU
6 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED.
7 THE WITNESS: THANK YOU VERY MUCH.
8 (WHEREUPON KENNETH CALEB EXITED THE GRAND JURY
9 ROOM.)
10 MR. WAGNER: LADIES AND GENTLEMEN, WE ARE GOING TO TAKE
11 OUR MORNING BREAK.
12 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN OF THE
13 JURY, WE WILL BE IN RECESS UNTIL 10:25. DURING THIS PERIOD
14 YOU MUST NOT DISCUSS WITH ANYONE EITHER INSIDE OR OUTSIDE OF
15 THIS ROOM ANY SUBJECT CONNECTED WITH THIS HEARING.
16 (RECESS TAKEN.)
17 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE GRAND
18 JURY ROOM:)
19 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN, THE
20 JURY IS AGAIN IN SESSION IN THE MATTER OF SCOTT DEKRAAI.
21 LET THE RECORD SHOW THAT ALL THE SAME 17 JURORS ORIGINALLY
22 PRESENT ARE AGAIN PRESENT.
23 MR. DISTRICT ATTORNEY, DO YOU HAVE A WITNESS?
24 MR. SIMMONS: WE DO, THANK YOU, WE WILL CALL TODD
25 DEVOE. FOR THIS WITNESS WE ARE GOING TO BE PRESENTING SOME
26 PHOTOS OF THE CRIME SCENE, SO THEY WILL BE PRESENTED TO YOU
74
1 THROUGH THIS WITNESS.
2 (WHEREUPON TODD DEVOE ENTERED THE GRAND JURY
3 ROOM.)
4 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE RAISE YOUR
5 RIGHT HAND TO BE SWORN.
6 TODD DEVOE,
7 CALLED AS A WITNESS BEFORE THE GRAND JURY, HAVING BEEN DULY
8 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
9 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE STATE YOUR
10 NAME AND SPELL IT FOR OUR RECORD.
11 THE WITNESS: SURE, TODD DEVOE, D-E-V-O-E.
12 THE GRAND JURY FOREPERSON: THANK YOU. AS YOU TESTIFY
13 WOULD YOU SPEAK INTO THE MICROPHONE AND ADDRESS THE JURY.
14 YOU WILL BE ABLE TO SEE ON THIS SCREEN ANY EXHIBITS THAT THE
15 DISTRICT ATTORNEY SHOWS.
16 ANY QUESTIONS?
17 THE WITNESS: NO QUESTIONS.
18 THE GRAND JURY FOREPERSON: MR. DISTRICT ATTORNEY, THE
19 WITNESS IS YOURS.
20 MR. SIMMONS: THANK YOU, SIR.
21 EXAMINATION
22 Q. BY MR. SIMMONS: MR. DEVOE, BEFORE WE GET STARTED I
23 WOULD LIKE TO ADVISE YOU THAT YOU ARE NOW APPEARING BEFORE A
24 DULY CONSTITUTED GRAND JURY WHICH IS INVESTIGATING POSSIBLE
25 VIOLATIONS OF STATE CRIMINAL LAW.
26 DO YOU UNDERSTAND THAT, SIR?
75
1 A. I DO UNDERSTAND.
2 Q. AND YOU HAVE BEEN PLACED UNDER OATH, WHICH MEANS
3 YOUR TESTIMONY HERE TODAY HAS THE SAME FORCE AND EFFECT AS
4 IF YOU WERE IN A COURT OF LAW.
5 DO YOU UNDERSTAND THAT, SIR?
6 A. I UNDERSTAND THAT.
7 Q. THAT MEANS THAT YOU HAVE AN OBLIGATION TO TELL
8 THE TRUTH AND NOTHING BUT THE TRUTH IN THIS PROCEEDING, OR
9 YOU COULD BE SUBJECT TO PROSECUTION FOR PERJURY.
10 DO YOU UNDERSTAND THAT, SIR?
11 A. I UNDERSTAND THAT.
12 Q. NOW, MR. DEVOE, CAN YOU TELL THE GRAND JURY WHAT
13 YOUR OCCUPATION IS.
14 A. SURE, I AM CURRENTLY THE EMERGENCY SERVICES
15 COORDINATOR FOR THE SEAL BEACH POLICE DEPARTMENT.
16 Q. AND I TAKE IT YOU HAVE SOME KIND OF TRAINING AND
17 EXPERIENCE THAT ENABLES YOU TO OBTAIN THIS POSITION WITH THE
18 SEAL BEACH POLICE DEPARTMENT?
19 A. YES, I HAVE OVER 20 YEARS NOW IN EMERGENCY
20 SERVICES AS A E.M.T., AS A MEDIC. I ALSO SERVED IN THE
21 MILITARY AS A CORPSMAN, NAVY CORPSMAN WITH THE MARINE CORPS.
22 AND I DID SEVEN YEARS WITH A PRIVATE AMBULANCE COMPANY, I
23 WORKED DOING THE SAME TYPE OF FUNCTION. AND I ALSO WORKED
24 FOR THE CITY OF DANA POINT AS EMERGENCY SERVICES
25 COORDINATOR, AND I WAS RECRUITED BY THE SEAL BEACH POLICE
26 DEPARTMENT TO WORK FOR THEM.
76
1 Q. AND AS PART OF YOUR TRAINING THEN YOU HAVE SOME
2 KIND OF MEDICAL EDUCATION OR EXPERIENCE?
3 A. EXTENSIVE AS AN E.M.T. I STARTED BACK IN 1989.
4 THEN I JOINED THE NAVY AND BECAME A CORPSMAN, WHICH IS A
5 MEDIC.
6 Q. WHEN YOU SAY E.M.T., WHAT IS THAT?
7 A. EMERGENCY MEDICAL TECHNICIAN.
8 Q. AND THEN YOU BECAME?
9 A. A MEDIC, A CORPSMAN WITH THE NAVY SERVING WITH
10 THE MARINE CORPS.
11 Q. AND DID YOU HAVE TO HAVE SOME KIND OF TRAINING TO
12 OBTAIN THAT POSITION?
13 A. OVER A YEAR'S TRAINING IN MEDICAL. BASICALLY OUR
14 FUNCTION AS A CORPSMAN WITH THE MARINES IN CIVILIAN EYES IT
15 WOULD BE MORE LIKE A PHYSICIAN'S ASSISTANT. SO WE LEARN
16 EVERYTHING FROM JUST EMERGENCY MEDICAL CARE, WE DO TREATMENT
17 OF EXTENSIVE WOUNDS, MINOR SURGERIES, SUTURING, YOU KNOW,
18 ALL THAT STUFF YOU WOULD SEE IN AN EMERGENCY ROOM.
19 Q. OKAY. AND DID YOU PERFORM ANY OF THOSE FUNCTIONS
20 WHILE YOU WERE IN THE MILITARY?
21 A. EXTENSIVE.
22 Q. DID YOU ACTUALLY SEE ANY TOURS OF DUTY WHERE YOU
23 HAD TO APPLY WHAT YOU LEARNED?
24 A. YES, '93 I WAS OVER IN OKINAWA, AND THEN WE ALSO
25 FLOATED, OR WE DID A CRUISE, IF YOU WILL, WE WENT TO VARIOUS
26 DIFFERENT LOCATIONS SUCH AS KUWAIT, SOME SPECIFIC PLACES IN
77
1 THE MIDDLE EAST, AND WE DID SOME OTHER MANEUVERS IN AREAS OF
2 THE WORLD TOO.
3 Q. ARE THERE ANY SPECIFIC CERTIFICATIONS OR DIPLOMAS
4 OR THINGS LIKE THAT YOU HAVE TO OBTAIN?
5 A. IN CIVILIAN SIDE WE HAVE TO HAVE YOUR STATE
6 CERTIFICATION, WHICH I AM STILL CURRENTLY CERTIFIED AS AN
7 EMERGENCY MEDICAL TECHNICIAN.
8 Q. OKAY. NOW, DO YOU REMEMBER THE DAY OF OCTOBER
9 12TH, 2011?
10 A. YES, I DO.
11 Q. WHERE WERE YOU AT AROUND 1:00 P.M. THAT DAY?
12 A. I WAS IN MY CAPTAIN'S OFFICE, AND MYSELF AND A
13 CORPORAL WITH THE DEPARTMENT WERE HAVING A MEETING WITH THE
14 CAPTAIN.
15 Q. OKAY. AND AT SOME POINT IN TIME DID YOU BECOME
16 AWARE OF A SITUATION THAT OCCURRED AT SALON MERITAGE?
17 A. YES, WE HEARD THE DISPATCH CALL OUT FOR SHOTS
18 FIRED.
19 Q. AND DID YOU ULTIMATELY RESPOND TO THAT LOCATION,
20 SALON MERITAGE?
21 A. I DID.
22 Q. AND WHERE IS THAT LOCATED, DO YOU KNOW THE
23 PHYSICAL ADDRESS?
24 A. IT IS 500 P.C.H., OR PACIFIC COAST HIGHWAY.
25 Q. THAT'S IN THE CITY OF SEAL BEACH?
26 A. THE CITY OF SEAL BEACH.
78
1 Q. THAT'S LOCATED IN THE COUNTY OF ORANGE, SIR?
2 A. THE COUNTY OF ORANGE, YES.
3 Q. OKAY. WHEN YOU RESPOND THERE, WHAT DO YOU DO?
4 A. I SAW SERGEANT MILLER STANDING OUTSIDE THE DOOR.
5 I WALKED UP TO HIM, AND HE WAS TELLING ME HE HAD MULTIPLE
6 VICTIMS IN THE ROOM. I TOLD HIM I AM GOING TO GO IN AND
7 START ASSESSING THE VICTIMS TO SEE WHO WAS ALIVE, OR WHAT
8 THE CONDITION WAS SPECIFICALLY. AND THEN I ENTERED THE
9 SALON.
10 Q. OKAY. SHOWING YOU WHAT HAS BEEN MARKED AS
11 EXHIBIT NUMBER 19.
12 A. OKAY.
13 Q. CAN YOU SEE THAT, SIR?
14 A. YES.
15 Q. DO YOU RECOGNIZE THAT AS THE GENERAL LAYOUT, NOT
16 TO SCALE, OF SALON MERITAGE?
17 A. YES, I RECOGNIZE THAT AS THE GENERAL LAYOUT OF
18 THE SALON.
19 Q. OKAY. NOW, YOU HAVE INDICATED THAT YOU RESPONDED
20 TO THAT LOCATION?
21 A. CORRECT.
22 Q. AND AT SOME POINT IN TIME YOU PHYSICALLY ENTERED
23 THE SALON, CORRECT?
24 A. YES, I ENTERED THE PARKING LOT BY THE RESTAURANT
25 CALLED PATTY'S PLACE.
26 Q. OKAY.
79
1 A. THAT'S WHERE I PARKED MY VEHICLE, WHICH IS ON
2 THE, I GUESS, SOUTH SIDE OF THE BUILDING. WENT AROUND THE
3 BUILDING TO THE SIDE DOOR WHERE SERGEANT MILLER WAS
4 STANDING. AND ON THE SCHEMATIC HERE, THE SIDE DOOR, THAT'S
5 WHERE I ENTERED THE BUILDING.
6 Q. SO YOU ACTUALLY PHYSICALLY ENTERED THROUGH THE
7 SIDE DOOR, CORRECT?
8 A. CORRECT, THAT IS CORRECT.
9 Q. TELL THE JURY WHAT THE PURPOSE IS WHEN YOU ARE
10 ENTERING THE SALON.
11 A. AS A RESPONDING MEDIC.
12 Q. OKAY. WHAT IS THE FIRST THING THAT YOU SEE WHEN
13 YOU WALK THROUGH THAT DOOR?
14 A. THE FIRST THING I SEE IS A MALE VICTIM LAYING ON
15 THE FLOOR IN THE DOORWAY, WITH A FEMALE PERFORMING
16 RESUSCITATION MEASURES ON HIM. THAT WOULD HAVE BEEN RANDY.
17 Q. OKAY. NOW, ON THE DIAGRAM THERE YOU CAN SEE THE
18 MARKINGS WITH THE NAME OF RANDY FANNIN?
19 A. CORRECT, TRUE.
20 Q. AND THAT'S RIGHT WHERE YOU WALK IN THE DOOR; IS
21 THAT RIGHT?
22 A. CORRECT.
23 Q. SO YOU NOTICE RANDY FANNIN AT THAT POINT; IS THAT
24 RIGHT?
25 A. I NOTICED RANDY FANNIN AT THAT POINT.
26 Q. AND WHAT, IF ANYTHING, DID YOU NOTICE ABOUT RANDY
80
1 FANNIN WHEN YOU FIRST WALKED IN?
2 A. WELL, THE FIRST THING I NOTICED HE HAD COPIOUS
3 AMOUNTS OF BLOOD AROUND HIM, WHICH WOULD BE CONSISTENT WITH
4 A GUNSHOT WOUND.
5 Q. OKAY. LET ME SHOW YOU WHAT HAS BEEN MARKED AS
6 EXHIBIT NUMBER 4; YOU RECOGNIZE THAT AS RANDY FANNIN, SIR?
7 A. I DO RECOGNIZE THAT AS RANDY FANNIN.
8 (FOR I.D. = GRAND JURY EXHIBIT 25)
9 Q. BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED
10 AS EXHIBIT NUMBER 25; YOU RECOGNIZE THAT, SIR?
11 A. I DO RECOGNIZE THAT. AND IF YOU SEE THAT BLUE
12 BACKBOARD LAYING UP THERE, THAT'S PRETTY MUCH THE DOOR, SO
13 THAT'S HOW HE WAS LAYING WHEN I WALKED IN, I HAD TO STEP
14 OVER HIM.
15 Q. IS THAT PICTURE AN ACCURATE DEPICTION OF HOW YOU
16 SAW RANDY FANNIN ON OCTOBER THE 12TH OF 2011?
17 A. YES, IT IS.
18 Q. OKAY. THAT PICTURE, LET ME ASK YOU, I AM
19 ASSUMING THAT PICTURE WAS TAKEN AFTER YOU TRIED TO DO ANY
20 MEDICAL AID THAT WAS NECESSARY; IS THAT TRUE?
21 A. CORRECT.
22 Q. SO YOU WENT THROUGH THE CRIME SCENE AND ASSESSED
23 THE VICTIMS TO SEE IF YOU COULD SAVE ANYBODY BEFORE PICTURES
24 WERE TAKEN, CORRECT?
25 A. YES, ACTUALLY WHEN I GOT TO THE CRIME SCENE WE
26 STILL HAD, THERE WERE OTHER PEOPLE IN THE BUILDING AS FAR AS
81
1 LIVE, THAT WEREN'T SHOT.
2 Q. OKAY.
3 A. SO WE WERE ACTUALLY CLEARING THEM OUT AS WELL.
4 Q. OKAY. WHEN YOU SAY WE, WAS THERE SOMEBODY ELSE
5 WITH YOU?
6 A. SERGEANT MILLER.
7 Q. FROM SEAL BEACH POLICE DEPARTMENT?
8 A. SEAL BEACH POLICE DEPARTMENT.
9 Q. SO WHEN YOU COME TO RANDY, WHAT DO YOU NOTICE?
10 A. WELL, LIKE I SAID, WHEN I GOT THERE THERE IS A
11 FEMALE, WHO I LATER LEARNED TO BE HIS WIFE, WAS DOING
12 RESUSCITATION MEASURES ON RANDY. AND SO GOING IN TO WHAT WE
13 CALL THE TRIAGE SYSTEM, WE USE START, IT IS A PROGRAM THAT
14 WAS CREATED BY NEWPORT BEACH FIRE DEPARTMENT. AND IT IS
15 KIND OF A SYSTEMATIC WAY OF GOING THROUGH A ROOM WHEN YOU
16 HAVE MULTIPLE VICTIMS.
17 Q. DOES START MEAN SOMETHING, DO YOU KNOW?
18 A. IT IS BASICALLY RAPID TRIAGE, RAPID TREATMENT.
19 Q. AND YOU DO THAT WHEN YOU WALK IN?
20 A. WHEN I WALK IN. SO WHAT YOU DO IS THERE IS A
21 LEVEL WHEN YOU ARE LOOKING AT SOMEBODY, ESPECIALLY IN A MASS
22 CASUALTY SITUATION, WHAT YOU ARE DETERMINING HERE AT THIS
23 POINT IS WHETHER A VICTIM IS VIABLE OR NOT, IN OTHER WORDS,
24 MEANING WILL THE VICTIM, ARE THEY ALIVE, CAN THEY SURVIVE,
25 AND WHAT NUMBER, OR WHAT LETTER DO YOU PUT THEM IN, IN OUR
26 CATEGORIES. SO IT IS PUT INTO CATEGORIZATION, YOU HAVE
82
1 IMMEDIATE, DELAYED, MINOR TREATMENT, OR DEAD. RIGHT. SO
2 THOSE ARE YOUR CHOICES.
3 SO A MINOR PERSON, SAY FOR INSTANCE, WOULD BE
4 SOMEBODY WHO HAS LIKE A MINOR WOUND, MAYBE LIKE A FLESH
5 WOUND OR EVEN A BROKEN ARM, THAT CAN WALK OUT OF THE
6 BUILDING BY THEMSELVES.
7 THEN YOU HAVE YOUR DELAYED VICTIM, WHO WOULD BE
8 SOMEBODY WHO NEEDED TREATMENT, NEEDED TO BE GOING TO THE
9 HOSPITAL.
10 AND THEN YOU HAVE YOUR IMMEDIATE PATIENT, WHO IS
11 THE MOST CRITICAL OF ALL OF THOSE.
12 AND IT IS KIND OF ARBITRARY, YOU ARE COMPARING
13 THOSE VICTIMS INSIDE THAT ROOM TO EACH OTHER, NOT TO
14 SOMEBODY OUTSIDE, IF THAT MAKES SENSE TO YOU.
15 Q. SO YOU CAN PRIORITIZE WHAT YOUR FOCUS IS?
16 A. RIGHT. SO SOMEBODY WHO MAY BE AN IMMEDIATE IN
17 ONE SCENE COULD BE A DELAYED IN THE OTHER, COMPARED TO THE
18 OTHER VICTIMS. DOES THAT MAKE SENSE TO YOU GUYS? OKAY. SO
19 WALKING IN NOW I AM DETERMINING WHETHER THEY ARE VIABLE OR
20 NOT. AND STOPPING WITH RANDY, I REALIZE RIGHT AWAY THAT HE
21 WAS NOT, HE WAS A NON-VIABLE PATIENT, WHICH MEANS IN MY
22 ASSESSMENT AT THAT POINT HE WAS ALREADY DEAD.
23 Q. THAT'S WHEN YOU FIRST WENT IN AND LOOKED AT RANDY
24 FANNIN, HE WAS DEAD?
25 A. CORRECT.
26 Q. DID YOU FEEL FOR A PULSE AT ALL OR NO?
83
1 A. I JUST TOOK A QUICK ASSESSMENT ON HIM, SAW HIS
2 WIFE DOING C.P.R., I DID NOT FEEL FOR A PULSE ON RANDY.
3 Q. IN YOUR OPINION HE WAS DEAD?
4 A. IN MY OPINION HE WAS DEAD. AND BASICALLY MASS
5 CASUALTY, ANYBODY GETTING C.P.R., FROM THAT POINT IF THEY
6 ARE NOT BREATHING ON THEIR OWN, WE MARK THEM AS BEING DEAD.
7 Q. AFTER YOU ASSESSED RANDY FANNIN, WHAT DID YOU DO
8 NEXT?
9 A. AT THAT POINT I TOOK A QUICK VISUAL ASSESSMENT OF
10 THE ROOM TO SEE WHO ELSE WAS LAYING AROUND. I NOTICED THAT
11 THERE WAS SOME OTHER ACTIVITY GOING ON OVER HERE BY WHERE
12 VICTORIA WAS (INDICATING), ON THIS SCHEMATIC WHERE VICTORIA
13 WAS LAYING. SO I DECIDED TO DO A RIGHT-HANDED SEARCH, WHICH
14 MEANS I AM LOOKING FOR VICTIMS AND I GO TO THE RIGHT SIDE.
15 BASICALLY YOU HAVE A CHOICE TO GO RIGHT OR LEFT, I DECIDED
16 TO GO RIGHT FIRST. I CAME ACROSS CHRISTY WILSON.
17 Q. OKAY. AND ON THAT DIAGRAM THERE, AND I AM
18 REFERRING TO PEOPLE'S 19, YOU SEE WHERE SHE IS MARKED ON
19 THAT DIAGRAM?
20 A. YES, I DO.
21 Q. AND IT IS MARKED CHRISTY WILSON, CORRECT?
22 A. CHRISTY WILSON. AND SHE WAS SITTING IN THE
23 CHAIR, AND SHE HAD WOUNDS CONSISTENT WITH A GUNSHOT WOUND.
24 Q. OBVIOUSLY BASED ON YOUR TRAINING AND EXPERIENCE
25 YOU HAVE SEEN GUNSHOT VICTIMS?
26 A. MULTIPLE TIMES.
84
1 Q. ALL RIGHT. AND ARE YOU FAMILIAR WITH GUNS, HAVE
2 YOU HEARD GUNS BEING SHOT, NOT ONLY TREATING PEOPLE WITH
3 GUNSHOT INJURIES, BUT YOU HAVE BEEN AROUND GUNS IN THE
4 MILITARY AND YOUR EMPLOYMENT NOW?
5 A. YEAH, I AM VERY FAMILIAR WITH WEAPONS.
6 Q. AND WHEN YOU WALKED INTO THAT SALON, DID YOU
7 NOTICE ANYTHING ABOUT THE SMELL OR THE ODOR?
8 A. YEAH, YOU COULD SMELL BURNED GUNSHOT, OR GUN
9 POWDER.
10 Q. SO AFTER TREATING RANDY YOU SAY YOU TURNED RIGHT,
11 AND THE NEXT VICTIM YOU ATTENDED TO WAS CHRISTY WILSON?
12 A. CHRISTY WILSON, CORRECT.
13 Q. YOU INDICATED SHE WAS ACTUALLY SEATED IN THE
14 CHAIR?
15 A. RIGHT.
16 (FOR I.D. = GRAND JURY EXHIBIT 26)
17 Q. BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED
18 AS EXHIBIT NUMBER 26; CAN YOU SEE THAT, SIR?
19 A. YES.
20 Q. ONCE AGAIN, IS THAT AN ACCURATE DEPICTION?
21 A. YES.
22 Q. AND THAT'S AFTER YOU ASSESSED HER THOUGH,
23 CORRECT?
24 A. CORRECT.
25 Q. AND IT IS SHOWING THAT SHE IS ACTUALLY LAID BACK,
26 IF YOU WILL, IN THAT CHAIR GETTING HER HAIR WASHED IN THE
85
1 BOWL, RIGHT?
2 A. CORRECT.
3 Q. AND WHAT, IF ANYTHING, DO YOU NOTICE ABOUT
4 CHRISTY AT THAT POINT?
5 A. RIGHT AWAY I NOTICED THAT SHE HAD THE GUNSHOT
6 WOUND TO HER ARM AND THEN TO THE CHEST.
7 Q. OKAY. AND I AM GOING TO SHOW YOU EXHIBIT NUMBER
8 3; IS THIS THE CHRISTY WILSON THAT WE ARE REFERRING TO, SIR?
9 A. YES.
10 Q. NOW, WHEN YOU ARE ASSESSING CHRISTY, YOU
11 INDICATED THAT YOU OBSERVED GUNSHOT WOUNDS TO HER ARM AND TO
12 HER CHEST, CORRECT?
13 A. UH-HUH.
14 Q. DID YOU CHECK FOR A PULSE WITH CHRISTY?
15 A. I DID.
16 Q. AND DID YOU FIND A PULSE?
17 A. NO, I DID NOT.
18 Q. ALL RIGHT. AND BASED ON YOUR TRAINING AND
19 EXPERIENCE, WHAT WAS YOUR CONCLUSION AS TO CHRISTY WILSON AT
20 THAT TIME?
21 A. SHE IS A NON-VIABLE VICTIM, DEAD.
22 Q. OKAY. AND WHO WAS THE NEXT VICTIM THAT YOU CAME
23 TO?
24 A. THERE WAS A FEMALE VICTIM THAT WAS LYING NEXT TO
25 HER ON THE FLOOR, I BELIEVE HER NAME WAS MICHELLE.
26 Q. SHOWING YOU PEOPLE'S 19 AGAIN, THE SCHEMATIC OF
86
1 THE SALON MERITAGE.
2 A. AGAIN, ON MICHELLE I NOTICED THAT SHE HAD COPIOUS
3 AMOUNTS OF BLOOD AROUND HER. I WENT DOWN AND CHECKED FOR A
4 PULSE AND SHE DIDN'T HAVE ONE EITHER.
5 Q. OKAY. ON THE EXHIBIT NUMBER 19 YOU SEE THE NAME
6 MICHELLE FOURNIER WRITTEN ON THE DIAGRAM THERE?
7 A. CORRECT, SIR.
8 Q. IS THAT AN ACCURATE GENERAL AREA OF WHERE YOU
9 FOUND MICHELLE FOURNIER?
10 A. YES.
11 Q. THE PERSON THAT WAS DEAD AT THAT POINT, I WILL
12 SHOW YOU EXHIBIT NUMBER 2, DO YOU RECOGNIZE HER?
13 A. YES.
14 Q. AND THAT THE MICHELLE FOURNIER YOU INDICATED YOU
15 FOUND DEAD ON THE FLOOR?
16 A. YES.
17 (FOR I.D. = GRAND JURY EXHIBIT 27)
18 Q. BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED
19 AS EXHIBIT NUMBER 27; YOU SEE THAT, SIR?
20 A. YES, I DO.
21 Q. AND, ONCE AGAIN, IS THAT AN ACCURATE DEPICTION OF
22 THE SCENE AFTER YOU DID YOUR INITIAL ASSESSMENT?
23 A. YES, IT IS.
24 Q. THE PERSON ON THE FLOOR THERE, THAT'S MICHELLE
25 FOURNIER?
26 A. MICHELLE FOURNIER, YES.
87
1 Q. COULD YOU NOTICE, AT LEAST FROM YOUR FIRST
2 OBSERVATION, SHE HAD BEEN SHOT?
3 A. YES, SHE HAD WOUNDS CONSISTENT WITH A GUNSHOT.
4 Q. AND DURING YOUR BRIEF ASSESSMENT COULD YOU TELL
5 HOW MANY TIMES SHE HAD BEEN SHOT; YOU DON'T KNOW THAT,
6 RIGHT?
7 A. NO, I DON'T KNOW THAT, JUST MY ASSUMPTION WOULD
8 HAVE BEEN AT LEAST TWICE.
9 Q. AND YOU CAN SEE TWO GUNSHOT WOUNDS, CORRECT?
10 A. CORRECT.
11 Q. SHE WAS DEAD, RIGHT?
12 A. RIGHT.
13 Q. NEXT VICTIM THAT YOU CAME TO?
14 A. I DON'T REMEMBER HER NAME OFF THE TOP OF MY HEAD.
15 SHE WAS AN OLDER LADY THAT WAS SITTING OR LAYING ON THE
16 FLOOR BY A HAIR DRYER.
17 Q. OKAY. SHOWING YOU PEOPLE'S 19, OR EXHIBIT 19
18 AGAIN; YOU SEE THAT, SIR?
19 A. YES.
20 Q. YOU SEE IT MARKED THERE AS LUCIA KONDAS?
21 A. LUCIA, THAT'S WHO IT WAS, YES.
22 Q. THAT'S THE NEXT VICTIM YOU TRIED TO RENDER AID
23 TO?
24 A. CORRECT.
25 Q. ON THAT SCHEMATIC OR DIAGRAM, IS THAT AN ACCURATE
26 DEPICTION OF WHERE YOU CAME UPON LUCIA KONDAS?
88
1 A. YES, IT IS.
2 Q. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT
3 NUMBER 5; YOU RECOGNIZE THAT, SIR?
4 A. YES, I DO.
5 Q. IS THAT LUCIA KONDAS?
6 A. YES.
7 Q. THE PERSON THAT YOU TRIED TO ASSESS, OR DID
8 ASSESS?
9 A. I ASSESSED HER, RIGHT.
10 (FOR I.D. = GRAND JURY EXHIBIT 28)
11 Q. BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED
12 AS PEOPLE'S 28, OR EXHIBIT 28; YOU RECOGNIZE THAT, SIR?
13 A. YES, I DO.
14 Q. AND IS THAT LUCIA KONDAS?
15 A. THAT'S LUCIA KONDAS, AGAIN, SHE HAD WOUNDS
16 CONSISTENT WITH A GUNSHOT, AND SHE WAS A NON-VIABLE PATIENT
17 AT THAT TIME, DEAD.
18 (FOR I.D. = GRAND JURY EXHIBIT 29)
19 Q. BY MR. SIMMONS: SHOWING YOU EXHIBIT NUMBER 29, IS
20 THAT A PICTURE OF THE SIDE OF HER FACE, LUCIA KONDAS?
21 A. YES, IT IS.
22 Q. NOW, DID YOU CHECK FOR A PULSE ON HER?
23 A. I DID CHECK FOR A PULSE.
24 Q. THERE WAS NO PULSE?
25 A. THERE WAS NO PULSE.
26 Q. WAS SHE BREATHING?
89
1 A. NO.
2 Q. AFTER ASSESSING LUCIA KONDAS, WHAT DID YOU DO?
3 A. THEN I MOVED OVER TO THE OTHER SIDE OF THE
4 BUILDING, I DIDN'T GO TO THE BACK OF THE BUILDING, I
5 DIDN'T -- I WAS TOLD THAT WAS CLEAR BACK THERE, SO I DIDN'T
6 GO TO THE BACK OF THE BUILDING. AND THEN I WENT OVER TO
7 WHERE VICTORIA BUZZO WAS LAYING.
8 Q. OKAY. DID YOU -- WAS VICTORIA BUZZO THE NEXT
9 PERSON YOU ASSESSED?
10 A. NO, I ACTUALLY WENT TO MICHELLE FAST.
11 Q. AND ON THE DIAGRAM THERE, ONCE AGAIN EXHIBIT
12 NUMBER 19, YOU SEE THE WORDS MICHELLE FAST ON THAT DIAGRAM,
13 SIR?
14 A. YES, SIR.
15 Q. AND IS THAT THE GENERAL LOCATION WHERE YOU
16 ASSESSED MICHELLE FAST?
17 A. YES, IT IS.
18 Q. ALL RIGHT. NOW, SHOWING YOU WHAT HAS BEEN MARKED
19 AS EXHIBIT NUMBER 7; YOU RECOGNIZE HER, SIR?
20 A. YES, SIR.
21 Q. IS THAT MICHELLE FAST?
22 A. YES.
23 Q. THAT'S THE PERSON THAT YOU TREATED AT THE SALON
24 THAT DAY, OR ASSESSED?
25 A. YES, IT IS.
26 Q. WHAT HAPPENS WHEN YOU ASSESS MICHELLE FAST?
90
1 A. WELL, MICHELLE FAST ACTUALLY WAS BREATHING, AND
2 WHEN I WAS WALKING OVER, TO JUST KIND OF GIVE YOU AN IDEA
3 WHAT WAS GOING ON IN THAT ROOM, THERE WERE SOME GUYS THAT
4 WERE TREATING THE TWO OTHER, OR AT LEAST THE ONE OTHER
5 VICTIM, HARRIET, I BELIEVE HER NAME IS. SO I ASKED THEM, I
6 WAS GOING TO ACTUALLY CLEAR THEM OUT, MOVE THE ONE GUY, BUT
7 I NOTICED HE WAS DOING SOME GOOD WORK. SO I ASKED HIM WHAT
8 HIS BACKGROUND WAS, AND HE TOLD ME HE WAS AN EMERGENCY
9 MEDICAL TECHNICIAN. AND I TOLD HIM, GOOD, YOU STAY HERE,
10 GET THE OTHER GUY CLEARED OUT, AND I RECRUITED HIM TO HELP
11 ME TO KEEP TREATING PATIENTS.
12 Q. OKAY.
13 A. AT THAT POINT I WENT OVER TO MICHELLE FAST, SHE
14 WAS BREATHING IN A LABORED BREATHING, NOT A SUSTAINED
15 BREATHING, SO JUST WANTED TO GO OVER AND ASSESS WHAT SHE WAS
16 DOING. WE WERE ABLE TO TURN HER OVER, PULL HER OUT, SHE WAS
17 IN THE FETAL POSITION, PULL HER OUT FROM THAT POSITION, GET
18 HER ON HER BACK, OPEN UP HER AIRWAY, AND SHE STARTED
19 BREATHING ON HER OWN.
20 Q. OKAY. YOU INDICATED, COULD YOU TELL WHERE SHE
21 HAD BEEN SHOT?
22 A. YES, SHE HAD A HEAD SHOT WOUND.
23 Q. AND WERE THERE COPIOUS AMOUNTS OF BLOOD?
24 A. A COPIOUS AMOUNT OF BLOOD, YES. IT APPEARED
25 THAT, I COULDN'T REALLY -- I COULDN'T REALLY TELL WHERE THE
26 ENTRANCE WOUND AND EXIT WOUND WAS WHERE SHE WAS SHOT, BUT IT
91
1 APPEARED TO ME, IT LOOKED LIKE SHE GOT SHOT IN THE BACK
2 (INDICATING) AND IT CAME OUT OF HERE (INDICATING), OUT OF
3 HER TEMPLE AREA.
4 Q. WHEN YOU ARE SAYING HERE, YOU ARE SHOWING THE
5 RIGHT SIDE OF YOUR TEMPLE?
6 A. CORRECT.
7 MR. WAGNER: AND THE ENTRANCE IS IN THE BACK.
8 Q. BY MR. SIMMONS: SO YOU HAVE THE ENTRY WOUND TO THE
9 BACK OF THE HEAD?
10 A. RIGHT.
11 Q. AND YOU THINK THE EXIT WOUND WAS THE RIGHT SIDE
12 OF THE TEMPLE?
13 A. THAT'S WHAT IT APPEARED, THERE WAS LOTS OF BLOOD,
14 THAT WOULD HAVE BEEN MY ASSESSMENT RIGHT AWAY UNTIL WE CAN
15 CLEAN UP AND TAKE A LOOK.
16 Q. DID YOU NOTICE ANYTHING ABOUT HER PULSE?
17 A. HER PULSE WAS RAPID BUT STABLE.
18 Q. WHAT DOES THAT MEAN?
19 A. IF I, OFF OF MEMORY, I THINK IT WAS OVER 100,
20 UNDER 120 OR SOMETHING.
21 Q. AND DOES THAT HAVE SOME SIGNIFICANCE, A RAPID
22 PULSE?
23 A. YES, IT DOES.
24 Q. WHAT DOES THAT MEAN?
25 A. IT MEANS BASICALLY A COMPENSATED STATE OF SHOCK
26 OR METABOLIC SHOCK, WHICH MEANS SHE IS BLEEDING OUT
92
1 SOMEWHERE.
2 Q. SO WHAT YOU DO, YOU DO THIS INITIAL ASSESSMENT OF
3 MICHELLE?
4 A. RIGHT, DO THE INITIAL ASSESSMENT OF MICHELLE, GET
5 HER BREATHING AGAIN. I HAD THE OTHER E.M.T. STABILIZE HER
6 AIRWAY AND HOLD IT OPEN, SO SHE DIDN'T LOSE HER AIRWAY
7 AGAIN. AND THEN I WENT BACK OVER TO HARRIET.
8 Q. OKAY. SO ON THE DIAGRAM HERE AFTER YOU DO -- I
9 AM REFERRING TO EXHIBIT NUMBER 19, AFTER YOU DO YOUR INITIAL
10 ASSESSMENT OF MICHELLE FAST, THEN YOU GO OVER TO AN
11 INDIVIDUAL BY THE NAME OF HARRIET OR HATTIE?
12 A. HATTIE, I AM SORRY.
13 Q. STRETZ?
14 A. YES.
15 Q. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT
16 NUMBER 9; YOU RECOGNIZE THAT INDIVIDUAL?
17 A. YES, THAT'S HER.
18 Q. IS THAT HATTIE STRETZ?
19 A. HATTIE, CORRECT. I AM BAD WITH NAMES, SORRY
20 ABOUT THAT.
21 Q. I THINK HATTIE IS SHORT FOR HARRIET, RIGHT.
22 MAYBE.
23 ALL RIGHT. SO TELL US WHAT YOU DO WHEN YOU COME
24 UPON HATTIE STRETZ?
25 A. OKAY, HATTIE, SHE WAS ALERT, WHICH MEANS HER EYES
26 WERE OPEN. SHE WAS ABLE TO TRACK WHAT I WAS DOING. AND SO
93
1 THEN I JUST TOOK A QUICK LOOK AT HER, AND REALIZED SHE WAS A
2 VIABLE PATIENT, SHE WAS ALIVE. SHE HAS AN OPEN AIRWAY THAT
3 WAS SECURED AND BREATHING ON HER OWN, WHICH MEANS IN THIS
4 CASE SHE WOULD HAVE BEEN MARKED DOWN AS A SECOND PATIENT.
5 AND THEN I WENT OVER TO VICTORIA RIGHT AFTER THAT.
6 Q. LET ME STOP YOU IF I CAN.
7 A. OH, SORRY.
8 Q. WHAT IF ANYTHING DID YOU NOTICE IN REGARDS TO
9 WOUNDS TO HATTIE STRETZ?
10 A. OH, WITH HATTIE, THE FIRST THING I REALIZED, SHE
11 HAD A WOUND CONSISTENT WITH A GUNSHOT TO HER ARM. AND THAT
12 WAS THE FIRST THING I SAW, I DIDN'T SEE ANYTHING ELSE,
13 BECAUSE I DIDN'T DO A QUICK SECONDARY ASSESSMENT OF HER, I
14 JUST SAW THAT AND SAW SHE WAS VIABLE, AND WANTED TO MOVE ON
15 TO SEE IF VICTORIA WAS VIABLE OR NOT.
16 Q. WHEN YOU LOOKED AT HER ARM, COULD YOU DESCRIBE
17 THOSE INJURIES TO THE GRAND JURY.
18 A. SHE HAD A VERY -- A GUNSHOT WOUND TO THE ARM,
19 WHICH IS PRETTY SERIOUS, AS FAR AS FROM WHAT I WAS SEEING,
20 IT LOOKED LIKE AT FIRST SHE MIGHT HAVE EVEN BLOWN OUT HER
21 ELBOW FROM THAT GUNSHOT, SO IT WAS A PRETTY EGREGIOUS WOUND.
22 Q. IT WASN'T A GRAZING BLOW?
23 A. IT WASN'T A BLAZING BLOW, IT WAS PRETTY, LIKE THE
24 GUY GOT HER GOOD.
25 Q. YOU ASSESS HER ARM, SHE HAS SOME MAJOR DAMAGE TO
26 HER ARM?
94
1 A. MAJOR DAMAGE TO HER ARM.
2 Q. AND AT THAT POINT YOU DON'T REALIZE SHE HAD BEEN
3 SHOT ANYWHERE ELSE?
4 A. I SAW BLOOD, BUT WE HAVEN'T AT THAT POINT TAKEN
5 HER CLOTHES OFF, SO TO DO AN ASSESSMENT WE REALLY ARE GOING
6 TO TAKE THE CLOTHES OFF WITH SCISSORS AND CUT THEM DOWN, SO
7 AT THIS POINT THAT'S ALL I SAW OF HER WAS THE WOUND.
8 Q. NOW, I AM GOING TO ASK YOU TO KIND OF GO OUT OF
9 ORDER HERE A LITTLE BIT.
10 A. OKAY.
11 Q. AFTER TREATING HATTIE, YOU MOVE ON TO VICTORIA?
12 A. CORRECT.
13 Q. BUT AT SOME POINT IN TIME YOU GO BACK TO HATTIE?
14 A. AS SOON AS I REALIZED VICTORIA WAS NOT VIABLE, I
15 WENT BACK TO HATTIE.
16 Q. LET'S FOCUS ON HATTIE.
17 A. OKAY.
18 Q. YOU REALIZE SHE HAS A MAJOR GUNSHOT WOUND TO HER
19 ARM?
20 A. RIGHT.
21 Q. AND AT SOME POINT IN TIME DID YOU LEARN SHE HAD
22 BEEN SHOT ANYWHERE ELSE?
23 A. IN THE CHEST.
24 Q. ONCE AGAIN YOU CAN TELL THAT WAS A GUNSHOT WOUND?
25 A. GUNSHOT WOUND, RIGHT.
26 Q. AND ONCE AGAIN THAT IS NOT A GRAZING BLOW, THAT
95
1 IS PENETRATING?
2 A. THAT IS A PENETRATING BLOW, CORRECT.
3 Q. ALL RIGHT.
4 A. AND HATTIE ALSO AT THAT POINT WAS JUST IN
5 DEFINITELY PHYSICAL METABOLIC SHOCK.
6 Q. OKAY. AT SOME POINT IN TIME IS HATTIE TAKEN TO
7 THE HOSPITAL?
8 A. YES, SHE IS.
9 Q. AND HOW DID SHE GET THERE, IF YOU KNOW, VIA
10 PARAMEDICS?
11 A. RIGHT, CARE AMBULANCE CAME IN, WE PACKAGED UP
12 MICHELLE FIRST AND GOT HER OUT, AND THEN THEY PACKAGED UP
13 HATTIE AND MOVED HER VIA GROUND AMBULANCE TO THE HOSPITAL.
14 Q. SO MICHELLE FAST IS TAKEN FIRST TO THE HOSPITAL?
15 A. CORRECT.
16 Q. AND THEN HATTIE STRETZ IS TAKEN AFTER THAT?
17 A. SECOND, CORRECT.
18 Q. NOW, DID YOU HAVE AN OPPORTUNITY TO FOLLOW UP ON
19 MICHELLE FAST?
20 A. YEAH.
21 Q. FOLLOW-UP MEANING DID MICHELLE FAST SURVIVE OR
22 PASS AWAY?
23 A. SHE PASSED AWAY.
24 Q. WHAT ABOUT HATTIE STRETZ?
25 A. YEAH, SHE SURVIVED.
26 Q. OKAY.
96
1 A. I'D LIKE TO MAKE A COMMENT ON MICHELLE,
2 REALISTICALLY I MEAN IF THIS WAS A LARGER INCIDENT, I MEAN
3 SHE PROBABLY WOULD HAVE PROBABLY PASSED ON AT THE SCENE
4 BECAUSE OF HER WOUNDS. I WAS REALLY --
5 Q. YOU ARE TALKING ABOUT HATTIE STRETZ?
6 A. NO, MICHELLE FAST, I WAS REALLY SURPRISED THAT
7 SHE MADE IT TO THE HOSPITAL. WHEN I HEARD SHE MADE IT TO
8 THE EMERGENCY ROOM AND THEY STARTED TO DO SOME WORK, TO MY
9 EXPERIENCE WITH THAT TYPE OF WOUND I WAS SURPRISED.
10 Q. BECAUSE IT WAS A GUNSHOT WOUND TO THE HEAD?
11 A. RIGHT, BECAUSE OF THAT, AND THE WAY SHE PRESENTED
12 ON THE SCENE.
13 Q. OKAY, FAIR ENOUGH.
14 SO LET'S NOW GO TO VICTORIA, YOU INDICATED THAT
15 YOU FIRST TREAT HATTIE OR ASSESSED HATTIE, AND THEN YOU WENT
16 TO VICTORIA AND BACK TO HATTIE, CORRECT?
17 A. CORRECT.
18 Q. DO YOU SEE ON EXHIBIT 19 THE NAME VICTORIA BUZZO?
19 A. YES, I DO.
20 Q. IS THAT AN ACCURATE DEPICTION OF THE GENERAL AREA
21 VICTORIA BUZZO WAS WHEN YOU DID THE ASSESSMENT?
22 A. YES, IT IS.
23 Q. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT
24 NUMBER 6; YOU SEE THAT?
25 A. YES, I DO.
26 Q. AND IS THAT THE VICTORIA BUZZO THAT YOU ASSESSED
97
1 THAT YOU HAVE INDICATED ON OCTOBER 12TH, 2011?
2 A. YES, IT IS.
3 (FOR I.D. = GRAND JURY EXHIBIT 30)
4 Q. BY MR. SIMMONS: LET ME SHOW YOU WHAT HAS BEEN
5 MARKED AS EXHIBIT NUMBER 30; DO YOU RECOGNIZE THAT, SIR?
6 A. YES, I DO.
7 Q. AND, ONCE AGAIN, IS THAT A PICTURE OF VICTORIA
8 BUZZO?
9 A. YES, IT IS.
10 Q. THAT IS AFTER YOU HAD DONE YOUR ASSESSMENT,
11 CORRECT?
12 A. AFTER I HAD DONE MY ASSESSMENT, CORRECT.
13 (FOR I.D. = GRAND JURY EXHIBIT 31)
14 Q. BY MR. SIMMONS: AND, FINALLY, EXHIBIT NUMBER 31;
15 IS THAT ONCE AGAIN A PICTURE OF VICTORIA BUZZO?
16 A. YES, IT IS.
17 Q. NOW, WHAT IF ANYTHING DID YOU NOTICE ABOUT
18 VICTORIA BUZZO?
19 A. JUST A COPIOUS AMOUNT OF BLOOD THAT SHE HAD
20 AROUND HER. YOU KNOW, WOUNDS THAT WERE PROBABLY CONSISTENT
21 WITH GUNSHOT.
22 Q. DID YOU NOTICE WHETHER SHE WAS BREATHING?
23 A. SHE WAS NOT BREATHING AND SHE DIDN'T HAVE A
24 PULSE.
25 MR. WAGNER: I DON'T HAVE ANY FURTHER QUESTIONS OF
26 MR. DEVOE.
98
1 DOES THE GRAND JURY HAVE ANY QUESTIONS?
2 THE GRAND JURY FOREPERSON: ARE THERE ANY QUESTIONS,
3 LADIES AND GENTLEMEN?
4 (AFFIRMATIVE RESPONSES).
5 THE GRAND JURY SECRETARY: THESE WILL BE MARKED AS
6 EXHIBIT 36.
7 (FOR I.D. = GRAND JURY EXHIBIT 36)
8 Q. BY MR. SIMMONS: MR. DEVOE, DID YOU ARRIVE ON THE
9 SCENE PRIOR TO THE FIRE DEPARTMENT, THE E.M.T.'S AND THE
10 PARAMEDICS?
11 A. YES, I WAS THE FIRST MEDICALLY TRAINED PERSON IN
12 THE DOOR, WELL, FIRST PAID MEDICALLY TRAINED PERSON.
13 Q. YOU INDICATED THERE WAS ANOTHER INDIVIDUAL THAT
14 YOU USED TO AID YOU, THAT TOLD YOU HE WAS AN E.M.T.?
15 A. CORRECT.
16 Q. BUT YOU GOT THERE BEFORE THE FIRE PERSONNEL,
17 CORRECT?
18 A. CORRECT.
19 Q. AND DO YOU KNOW WHICH FIRE DEPARTMENT RESPONDED?
20 A. ORANGE COUNTY FIRE, WELL, WHAT DO YOU MEAN BY
21 THAT, WHO GOT THERE FIRST?
22 Q. WERE THERE MULTIPLE AGENCIES THAT RESPONDED?
23 A. MULTIPLE AGENCIES RESPONDED.
24 Q. DO YOU KNOW WHO THEY WERE?
25 A. ORANGE COUNTY FIRE AUTHORITY WAS THE FIRST ON
26 SCENE, STATION 44. AND THEN THE SECOND PERSON I SAW CAME IN
99
1 WAS FROM 48, ORANGE COUNTY FIRE AUTHORITY, PARAMEDIC.
2 Q. DIFFERENT STATION?
3 A. DIFFERENT STATION. AND THEN HUNTINGTON BEACH
4 FIRE DEPARTMENT WAS ON SCENE AS WELL.
5 Q. OKAY. FAIR TO SAY THERE WERE MULTIPLE AGENCIES
6 INVOLVED IN THIS, RIGHT?
7 A. AS FAR AS?
8 Q. EMERGENCY PERSONNEL?
9 A. OH, YES.
10 Q. AT SOME POINT IN TIME DID YOU LATER LEARN, OR GO
11 TO THE BACK OF THE SALON?
12 A. I LATER LEARNED THERE WAS ANOTHER VICTIM IN THE
13 BACK OF THE SALON, BUT SHE WAS DEFINITELY, WHEN WE GOT THERE
14 THE SECOND PARAMEDIC THAT CAME IN THE DOOR DID ANOTHER
15 ASSESSMENT, THAT'S SORT OF WHAT WE DO TO JUST MAKE SURE. IF
16 YOU NOTICE IN SOME OF THE PICTURES THERE IS LITTLE LEADS OR
17 LITTLE STICKERS ON THEM, THAT'S WHERE YOU PUT THE E.K.G. TO
18 SEE WHAT THEIR HEART RATE IS. AND SCOTT FROM STATION 44
19 WENT THROUGH AND PUT LEADS ON EVERYBODY JUST TO MAKE SURE
20 THAT I DIDN'T MISS ANYTHING.
21 Q. OKAY.
22 A. THAT'S WHEN WE FOUND THE OTHER VICTIM IN THE BACK
23 OF THE ROOM WHO WAS ALSO DECEASED.
24 Q. SO THE VICTIM THAT WE ARE REFERRING TO AT THIS
25 POINT THAT YOU DIDN'T ASSESS WAS LAURA ELODY ON THE DIAGRAM,
26 CORRECT?
100
1 A. CORRECT.
2 MR. SIMMONS: THANK YOU, SIR.
3 ANY OTHER QUESTIONS?
4 THE GRAND JURY FOREPERSON: ANY QUESTIONS?
5 (NO AFFIRMATIVE RESPONSE.)
6 THE GRAND JURY FOREPERSON: OKAY. THAT BEING SAID,
7 WOULD YOU PLEASE RISE.
8 THE WITNESS: (WITNESS COMPLIES).
9 THE GRAND JURY FOREPERSON: YOU ARE ADMONISHED NOT TO
10 DISCUSS OR REPEAT AT ANY TIME OUTSIDE OF THIS JURY ROOM THE
11 QUESTIONS YOU HAVE BEEN ASKED IN REGARD TO THIS MATTER OR
12 YOUR ANSWERS, WITH THE UNDERSTANDING THAT SUCH DISCLOSURES
13 ON YOUR PART MAY BE THE BASIS FOR A CHARGE AGAINST YOU OF
14 CONTEMPT OF COURT.
15 YOU ARE FREE TO CONSULT WITH YOUR ATTORNEY FOR
16 THE PURPOSE OF LEGAL ADVICE, OR THE DISTRICT ATTORNEY AND
17 HIS OR HER INVESTIGATORS.
18 DO YOU UNDERSTAND?
19 THE WITNESS: I DO.
20 THE GRAND JURY FOREPERSON: THAT BEING SAID, THANK YOU
21 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED.
22 THE WITNESS: THANK YOU.
23 (WHEREUPON TODD DEVOE EXITED THE GRAND JURY
24 ROOM.)
25 THE GRAND JURY FOREPERSON: OKAY. I HAVE AN
26 APPOINTMENT IN HALF AN HOUR, CAN WE RECONVENE AT 12:30?
101
1 MR. WAGNER: SURE.
2 MR. SIMMONS: SURE.
3 THE GRAND JURY FOREPERSON: 1230.
4 LADIES AND GENTLEMEN, WE WILL STAND IN RECESS
5 UNTIL 12:30. DURING THIS PERIOD OF RECESS YOU MUST NOT
6 DISCUSS WITH ANYONE EITHER INSIDE OR OUTSIDE OF THIS HEARING
7 ROOM ANY SUBJECT CONNECTED WITH THIS HEARING.
8 (LUNCH TAKEN.)
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102
1 SANTA ANA, CALIFORNIA - JANUARY 17, 2012
2 AFTERNOON SESSION
3
4 (THE FOLLOWING PROCEEDINGS WERE HELD IN THE GRAND
5 JURY ROOM:)
6 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN OF THE
7 JURY, WE ARE AGAIN IN SESSION IN THE MATTER OF SCOTT
8 DEKRAAI. THE RECORD WILL REFLECT ALL 17 JURORS ORIGINALLY
9 PRESENT ARE AGAIN PRESENT.
10 MR. DISTRICT ATTORNEY.
11 MR. WAGNER: YES, THANK YOU, WE WILL CALL OUR NEXT
12 WITNESS, IT WOULD BE DETECTIVE GARY KROGMAN. I JUST WANT TO
13 BE SURE THAT WE ARE WORKING HERE WITH THE TECHNOLOGY.
14 (WHEREUPON GARY KROGMAN ENTERED THE GRAND JURY
15 ROOM.)
16 THE GRAND JURY FOREPERSON: PLEASE RAISE YOUR RIGHT
17 HAND TO BE SWORN.
18 GARY KROGMAN,
19 CALLED AS A WITNESS BEFORE THE GRAND JURY, HAVING BEEN DULY
20 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
21 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE STATE YOUR
22 NAME AND SPELL IT FOR OUR RECORD.
23 THE WITNESS: GARY KROGMAN, K-R-O-G-M-A-N.
24 THE GRAND JURY FOREPERSON: THANK YOU, PLEASE BE
25 SEATED.
26 THE WITNESS: (WITNESS COMPLIES).
103
1 THE GRAND JURY FOREPERSON: AS YOU TESTIFY, WOULD YOU
2 SPEAK INTO THE MICROPHONE AND ADDRESS THE JURY. YOU WILL BE
3 ABLE TO SEE ON THAT COMPUTER SCREEN THE EXHIBITS THE
4 DISTRICT ATTORNEY IS PRESENTING.
5 THE WITNESS: YES.
6 THE GRAND JURY FOREPERSON: MR. DISTRICT ATTORNEY, THE
7 WITNESS IS YOURS.
8 MR. WAGNER: THANK YOU.
9 EXAMINATION
10 Q. BY MR. WAGNER: DETECTIVE KROGMAN, BEFORE WE BEGIN
11 I WOULD LIKE TO ADVISE YOU THAT YOU ARE NOW APPEARING BEFORE
12 A DULY CONSTITUTED GRAND JURY WHICH IS INVESTIGATING
13 POSSIBLE VIOLATIONS OF STATE CRIMINAL LAW.
14 DO YOU UNDERSTAND THAT?
15 A. YES.
16 Q. YOU HAVE BEEN PLACED UNDER OATH, AND THAT MEANS
17 THAT YOUR TESTIMONY HERE TODAY HAS THE SAME FORCE AND EFFECT
18 AS IF YOU WERE IN A COURT OF LAW.
19 DO YOU UNDERSTAND THAT?
20 A. YES.
21 Q. THAT MEANS THAT YOU HAVE AN OBLIGATION TO TELL
22 THE TRUTH AND NOTHING BUT THE TRUTH IN THIS PROCEEDING, OR
23 YOU COULD SUBJECT YOURSELF TO A POSSIBLE PROSECUTION FOR
24 PERJURY.
25 DO YOU UNDERSTAND THAT?
26 A. YES.
104
1 Q. ALL RIGHT. WOULD YOU PLEASE TELL US WHO YOU WORK
2 FOR AND WHAT YOUR JOB TITLE IS.
3 A. I WORK FOR THE CITY OF SEAL BEACH POLICE
4 DEPARTMENT, I AM CURRENTLY ASSIGNED AS A CRIMES AGAINST
5 PERSONS DETECTIVE.
6 Q. ARE YOU A SWORN PEACE OFFICER?
7 A. YES.
8 Q. HOW LONG HAVE YOU BEEN A SWORN PEACE OFFICER?
9 A. 25 AND A HALF YEARS.
10 Q. HOW LONG HAVE YOU BEEN WITH THE SEAL BEACH
11 POLICE?
12 A. A LITTLE LESS THAN 25 YEARS.
13 Q. WERE YOU WORKING AS A DETECTIVE ON THE DAY OF
14 OCTOBER 12TH OF 2011?
15 A. YES.
16 Q. AND IN THE EARLY AFTERNOON OF THAT PARTICULAR
17 DAY, WERE YOU SENT OUT TO THE AREA OF FIFTH AND P.C.H.,
18 SPECIFICALLY A BUSINESS CALLED SALON MERITAGE?
19 A. YES.
20 Q. WAS THAT AS A RESULT OF A SHOTS FIRED CALL?
21 A. YES.
22 Q. ON THAT AFTERNOON DID YOU HAVE OCCASION TO ENTER
23 INTO THE BUSINESS CALLED SALON MERITAGE?
24 A. YES, I DID.
25 Q. I WILL SHOW YOU WHAT HAS BEEN MARKED AS EXHIBIT
26 19, A DIAGRAM, AND HAVE YOU TAKE A LOOK AT THAT.
105
1 DO YOU RECOGNIZE THAT AS A ROUGH SKETCH OF SORT
2 OF THE FLOOR PLAN AND LAYOUT OF SALON MERITAGE?
3 A. YES.
4 Q. DID YOU GO INTO THE INTERIOR OF THAT BUSINESS ON
5 THAT AFTERNOON?
6 A. YES, I DID.
7 Q. DIRECTING YOUR ATTENTION TO THE LOWER RIGHT OF
8 DIAGRAM 19, WHAT WE MIGHT CALL SORT OF THE BACK AREA NEAR
9 THE BATHROOM, DID YOU GO TO THAT AREA?
10 A. YES, I DID.
11 Q. WHEN YOU WENT BACK THERE, DID YOU SEE ANY
12 INDIVIDUALS OCCUPYING THE BACK AREA?
13 A. SHE WASN'T IN THAT ACTUAL ROOM, SHE WAS OUTSIDE
14 THE DOOR TO THAT ROOM.
15 Q. OKAY. WHEN YOU SAW HER, SHE HAD ACTUALLY BEEN
16 MOVED OUT A LITTLE BIT LEFT OF WHERE THE NAME IS NOW
17 WRITTEN, LAURA ELODY WEBB?
18 A. YES.
19 Q. AND DID YOU SEE LAURA ELODY WEBB IN THAT
20 LOCATION, WHAT YOU ARE SAYING IS SORT OF LEFT OF WHERE THE
21 WRITING IS NOW?
22 A. YES.
23 Q. SHOWING YOU EXHIBIT 8, A D.M.V. RECORD CONCERNING
24 LAURA LEE ELODY, IS THAT THE INDIVIDUAL THAT YOU SAW AS YOU
25 JUST DESCRIBED ON EXHIBIT 19?
26 A. YES.
106
1 (FOR I.D. = GRAND JURY EXHIBIT 32)
2 Q. BY MR. WAGNER: THEN I WILL SHOW YOU A PHOTOGRAPH
3 THAT HAS BEEN MARKED AS EXHIBIT 32. SHOWING YOU 32, CAN YOU
4 TELL US WHAT YOU SEE THERE?
5 A. THAT'S A PHOTOGRAPH OF LAURA ELODY.
6 Q. IS THAT HOW SHE WAS WHEN YOU SAW HER?
7 A. YES.
8 Q. JUST TO NOW RELATE THIS, OFF OF THE LEFT-HAND
9 SIDE OF EXHIBIT 32, THE PHOTOGRAPH, IS THAT A DOORWAY THAT
10 CORRESPONDS ON EXHIBIT 19 TO THE DOORWAY INTO THIS VERY BACK
11 ROOM; IS THAT CORRECT?
12 A. YES.
13 Q. ALL RIGHT. THE CONDITION OF LAURA ELODY WEBB IN
14 EXHIBIT 32, THAT'S THE CONDITION YOU SAW HER IN?
15 A. YES, IT IS.
16 Q. WAS SHE DEAD?
17 A. YES.
18 Q. WERE THERE APPARENT GUNSHOT WOUNDS TO HER BODY?
19 A. YES.
20 Q. AND DID YOU SEE THAT THERE WAS WHAT APPEARED TO
21 BE A TRAIL OF BLOOD FROM THE AREA IN THE BACK ROOM WHERE HER
22 NAME IS ON EXHIBIT 19, TOWARD THE AREA WHERE YOU SAW, THAT
23 YOU SAW HER LYING ON THE GROUND?
24 A. YEAH, THERE WAS A TRAIL, A TRAIL OF BLOOD SOAKED
25 TOWELS FROM THAT AREA, YES.
26 Q. AGAIN, AT SALON MERITAGE ON OCTOBER 12TH OF 2011,
107
1 DID YOU GO OUT TO A PARKING LOT AREA THAT WOULD HAVE BEEN
2 BEYOND WHERE THE TOP OF DIAGRAM 19 EXTENDS?
3 A. YES.
4 Q. AND WAS YOUR ATTENTION DIRECTED TOWARD A LAND
5 ROVER VEHICLE?
6 A. YES, IT WAS.
7 Q. AND DID YOU SEE AN INDIVIDUAL WITH GRAVE INJURIES
8 AROUND THAT LAND ROVER?
9 A. YES, I SAW HIM INSIDE THE DRIVER'S SEAT OF THAT
10 VEHICLE.
11 Q. AND SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT
12 10, D.M.V. RECORD CONCERNING A DAVID CAOUETTE; DO YOU
13 RECOGNIZE THE INDIVIDUAL PICTURED THERE?
14 A. YES.
15 Q. HOW DO YOU RECOGNIZE HIM?
16 A. HE WAS SITTING IN THE DRIVER'S SEAT OF A GREEN
17 RANGE ROVER IN THE PARKING LOT.
18 Q. THE CONDITION OF THE RANGE ROVER, DID IT HAVE ANY
19 DAMAGE TO ANY OF THE WINDOWS?
20 A. YES, THE FRONT PASSENGER WINDOW HAD TWO BULLET
21 HOLES IN IT AND IT WAS SHATTERED.
22 Q. DID MR. CAOUETTE APPEAR TO HAVE GUNSHOT WOUNDS TO
23 ANYPLACE ON HIS BODY?
24 A. YES, TO THE RIGHT SIDE OF THE HEAD.
25 Q. WHAT WAS HIS CONDITION WHEN YOU OBSERVED HIM?
26 A. HE WAS BLEEDING FROM THE HEAD, HE WAS BEING
REPORTER'S CERTIFICATE
I, ROBERT J. SULLIVAN, CSR NO. 5646, OFFICIAL
COURT REPORTER, DO HEREBY CERTIFY THAT THE FOREGOING
REPORTER'S UNSEALED GRAND JURY TRANSCRIPT IN THE CASE OF THE
PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF, VERSUS SCOTT
EVANS DEKRAAI, DEFENDANT, CASE NO. 12ZF0128, CONSISTING OF
PAGES 9 THROUGH 107, INCLUSIVE, IS A FULL, TRUE AND CORRECT
TRANSCRIPTION OF MY SHORTHAND NOTES THEREOF, AND A FULL,
TRUE AND CORRECT STATEMENT OF THE PROCEEDINGS HAD IN SAID
CAUSE.
DATED AT SANTA ANA, CALIFORNIA, THIS 3RD DAY OF
MAY, 2012.
_____________________________
ROBERT J. SULLIVAN, CSR NO. 5646
OFFICIAL COURT REPORTER
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