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. ) ) SCOTT EVANS DEKRAAI, ) ) DEFENDANT. ) ________________________________________)

NO.

12ZF0128

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 12 ROOM.) 13 THE GRAND JURY FOREPERSON: GOOD MORNING. PLEASE STAND (WHEREUPON GORDON GALLEGO ENTERED THE GRAND JURY

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 25 THE WITNESS: (WITNESS COMPLIES). THERE IS SOME WATER THERE

THE GRAND JURY FOREPERSON:

26 FOR YOU.

10 1 2 IF YOU WOULD TURN THAT MICROPHONE AROUND. AS YOU TESTIFY, COULD YOU PLEASE SPEAK INTO THE AND YOU WILL BE ABLE TO

3 MICROPHONE AND ADDRESS THE JURY.

4 SEE ON THAT COMPUTER SCREEN THERE ANY EXHIBITS THE DISTRICT 5 ATTORNEY PRESENTS. 6 7 8 9 10 11 Q. A. BY MR. WAGNER: GOOD MORNING. LADIES AND GENTLEMEN, CAN YOU HEAR HIM VERY GOOD. OKAY.

MR. DISTRICT ATTORNEY, THE WITNESS IS YOURS. MR. WAGNER: THANK YOU, MR. FOREMAN. EXAMINATION GOOD MORNING, MR. GALLEGO.

MR. WAGNER:

12 WHEN HE SPEAKS INTO THE MICROPHONE? 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 18 19 A. Q. DO YOU UNDERSTAND THAT? YES. 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 23 24 A. Q. DO YOU UNDERSTAND THAT? YES. 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 3 4 A. Q. DO YOU UNDERSTAND THAT? YES. ALL RIGHT. HAVING SAID ALL THAT, I NOW WANT TO THE FOCUS OF MY QUESTIONS WILL GO

5 ASK YOU SOME QUESTIONS.

6 TOWARDS A PARTICULAR DAY LAST OCTOBER, SPECIFICALLY OCTOBER 7 12TH OF 2011; ALL RIGHT, MR. GALLEGO. 8 9 A. Q. YES. CAN YOU TELL US WHERE YOU WERE EMPLOYED AS OF

10 THAT DAY? 11 12 A. Q. SALON MERITAGE. WOULD YOU TELL US WHAT TYPE OF A BUSINESS SALON

13 MERITAGE IS? 14 15 16 A. Q. A. IT IS A HAIR SALON. WHERE IS IT LOCATED? 500 EAST PACIFIC COAST HIGHWAY, SUITE 100, SEAL

17 BEACH, CALIFORNIA. 18 19 20 21 22 Q. A. Q. A. Q. YOU SAID THAT IS IN SEAL BEACH? YES. THAT IS IN THE COUNTY OF ORANGE? YES. HOW LONG, AS OF OCTOBER 2011, HAD YOU BEEN

23 EMPLOYED AT SALON MERITAGE? 24 25 26 A. Q. A. ABOUT 12 YEARS. AND WHAT WAS THE NATURE OF YOUR EMPLOYMENT THERE? INDEPENDENT CONTRACTOR.

12 1 2 3 4 5 Q. A. Q. A. Q. OKAY. HAIRSTYLIST. AS A HAIRSTYLIST THERE? YES. WERE THERE OTHER HAIRSTYLISTS THAT WORKED AT THE

6 SALON BESIDES YOURSELF? 7 8 9 10 11 Q. A. Q. A. YES. APPROXIMATELY HOW MANY? 10. (FOR I.D. = GRAND JURY EXHIBIT 19) 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 15 16 A. Q. DO YOU SEE THERE ON THE SCREEN A DIAGRAM? YES. ON THE TOP RIGHT CORNER OF THE DIAGRAM, EXHIBIT

17 19, IT SAYS SALON MERITAGE; YOU SEE THAT? 18 19 A. Q. YES. 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 23 A. Q. YES. THAT WOULD BE ROUGHLY THE CONFIGURATION THAT IT

24 WAS IN ON OCTOBER 12TH OF 2011? 25 26 A. Q. YES. 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 4 A. Q. YES. IS THAT SORT OF AN EXTERIOR DOOR THAT WOULD BE

5 WHAT YOU MIGHT CALL AN ENTRANCE INTO THE BUSINESS? 6 7 A. Q. IT IS. 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 11 12 Q. A. YES. (FOR I.D. = GRAND JURY EXHIBIT 24) 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. 16 LITTLE ZOOM THERE. 17 AS YOU LOOK AT EXHIBIT 24, DO YOU RECOGNIZE WHAT OKAY. HIT A

18 IS DEPICTED IN THAT PHOTOGRAPH? 19 20 21 A. Q. A. YES. WOULD YOU TELL US WHAT THAT IS. 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 26 A. Q. YES, IT IS. IN FACT, I THINK WE CAN READ THAT ON THE AWNING

14 1 ABOVE THE DOOR? 2 3 A. Q. YES. YOU SAID THIS IS THE SIDE ENTRANCE (INDICATING),

4 THE DOOR THAT I AM POINTING TO IN THE SIDE OF THE 5 PHOTOGRAPH? 6 7 A. Q. YES. 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 12 13 14 Q. A. YES. ALL RIGHT. WE WILL GO BACK ON TO 24 THEN.

MR. WAGNER:

(FOR I.D. = GRAND JURY EXHIBIT 20) 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. THERE WE GO. THE WITNESS OKAY. THANK

17 UNFORTUNATELY DOES NOT HAVE IT. 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 24 A. Q. YES. 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 6 A. Q. YES. 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 10 A. Q. YES. AND THIS BUSINESS COMPLEX IS SORT OF TRIANGULAR

11 IN SHAPE, IS IT NOT? 12 13 A. Q. YES. 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 17 18 19 A. Q. A. Q. YES. WHERE MY PEN IS IN THE LOWER LEFT (INDICATING)? YES. PACIFIC COAST HIGHWAY SORT OF BORDERS THE

20 BUSINESS COMPLEX ON THE OTHER END OF THE TRIANGLE? 21 22 23 A. Q. YES. VERY GOOD. AT SALON MERITAGE YOU SAID THERE WERE OTHER HAIR

24 STYLISTS BESIDES YOURSELF; IS THAT CORRECT? 25 26 A. CORRECT. (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 7 8 9 A. Q. A. Q. YES. AND WAS HER NAME MICHELLE FOURNIER? YES. 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 13 A. Q. THE ENTIRE TIME. SO IS IT ACCURATE TO SAY THAT YOU HAD KNOWN HER

14 FOR APPROXIMATELY 12 YEARS? 15 16 A. Q. YES. 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 20 A. Q. YES. AND WAS THAT, DID YOU MEET THE INDIVIDUAL WHOM

21 WAS HER HUSBAND DURING THAT SEASON OF LIFE FOR HER? 22 23 A. Q. YES. 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 2 (FOR I.D. = GRAND JURY EXHIBIT 1) BY MR. WAGNER: I WOULD LIKE TO SHOW YOU WHAT HAS BEEN AND YOU SEE THE

3 MARKED AS EXHIBIT 1, A PHOTOGRAPH. 4 INDIVIDUAL DEPICTED IN EXHIBIT 1? 5 6 7 8 9 10 A. Q. A. Q. A. Q. YES.

AND DO YOU RECOGNIZE HIM? YES. WOULD YOU TELL US WHO THAT IS? SCOTT DEKRAAI. IS THAT THE SAME SCOTT DEKRAAI WHO WAS AT ONE

11 TIME MARRIED TO MICHELLE FOURNIER? 12 13 A. Q. YES. 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 18 A. Q. (NO RESPONSE). WAS IT A RECENT EVENT, OR WAS IT SOMETHING THAT

19 HAD BEEN MONTHS OR YEARS BEFORE THAT? 20 21 A. Q. YEARS. 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 25 26 A. Q. A. YES. AND WHAT WAS HIS NAME? DOMINIC.

18 1 Q. AND IN OCTOBER OF 2011, WOULD DOMINIC HAVE BEEN

2 ABOUT AN EIGHT-YEAR OLD BOY? 3 4 A. Q. YES, SEVEN, I THINK. IN THE MONTHS PRECEDING OCTOBER 2011, WOULD

5 MICHELLE SOMETIMES HAVE TO BE ABSENT FROM WORK IN ORDER TO 6 GO TO COURT? 7 8 A. Q. YES. AND DID YOU BECOME AWARE THAT THAT WAS A RESULT

9 OF LITIGATION CONCERNING LEGAL CUSTODY OVER DOMINIC? 10 11 A. Q. YES. 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 15 A. YES. I AM GOING TO SHOW YOU WHAT HAS BEEN

MR. WAGNER:

16 MARKED AS EXHIBIT 3, AND ASK YOU TO TAKE A LOOK AT EXHIBIT 17 3. 18 19 Q. (FOR I.D. = GRAND JURY EXHIBIT 3) BY MR. WAGNER: EXHIBIT 3 IS A DEPARTMENT OF MOTOR

20 VEHICLES RECORD CONCERNING ONE CHRISTY LYNN WILSON, CORRECT? 21 22 A. Q. YES. AND DO YOU RECOGNIZE THE PERSON DEPICTED IN THAT

23 PHOTO? 24 25 26 A. Q. A. YES. AND WAS THAT -- IS THAT CHRISTY WILSON? YES.

19 1 2 3 4 5 Q. A. Q. A. Q. DID YOU KNOW CHRISTY WILSON? YES. HOW DID YOU KNOW HER? WORK AND SOCIAL. AND WHEN YOU SAY WORK, IS THAT TO SAY THAT SHE

6 WAS ALSO EMPLOYED AT SALON MERITAGE? 7 8 9 10 11 Q. A. Q. A. YES. HOW LONG HAD YOU KNOWN CHRISTY? 12 YEARS ALSO. (FOR I.D. = GRAND JURY EXHIBIT 4) 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 16 17 18 19 20 A. Q. A. Q. A. Q. YES. AND WHO DO YOU KNOW THAT TO BE? RANDY FANNIN. AND HOW IS IT THAT YOU KNEW RANDY FANNIN? HE IS THE OWNER OF THE SALON. AND SO THIS WOULD HAVE BEEN, I GUESS, SORT OF

21 YOUR BOSS THERE -22 23 24 25 STORE? 26 A. YES. A. Q. CORRECT. -- AT THE SALON MERITAGE. DID HE ALSO WORK AS A HAIRDRESSER THERE AT THE

20 1 2 Q. (FOR I.D. = GRAND JURY EXHIBIT 6) 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 6 A. Q. SORRY. MR. GALLEGO, IF AT ANY TIME YOU WANT TO TAKE A

7 PAUSE, IT IS NOT A PROBLEM. 8 9 A. Q. OKAY. YOU SHARED WITH ME BEFORE, I BELIEVE, THAT

10 MS. BUZZO WAS A VERY CLOSE FRIEND OF YOURS? 11 12 13 14 15 16 A. Q. A. Q. A. Q. YES. DID SHE ALSO WORK AT SALON MERITAGE? YES. AS A HAIRDRESSER? YES. THIS IS THE PERSON DEPICTED IN EXHIBIT 6,

17 CORRECT? 18 19 20 Q. A. YES. (FOR I.D. = GRAND JURY EXHIBIT 8) 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 25 26 A. Q. A. YES. AND DID YOU KNOW HER? YES.

21 1 2 3 4 5 Q. A. Q. A. Q. HOW DID YOU KNOW HER? SHE IS ALSO A HAIRSTYLIST. AND WAS SHE A CLOSE FRIEND OF YOURS ALSO? YES, SHE WAS. 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 9 10 A. Q. A. NO. COULD YOU EXPLAIN TO US. 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 17 A. Q. CORRECT. HOW DID YOU CONSIDER THEM TO BE IN RELATION TO

18 YOURSELF? 19 20 A. Q. MY FAMILY. OKAY. AND THAT WOULD INCLUDE MS. ELODY, WHO IS

21 DEPICTED IN EXHIBIT 8? 22 23 A. Q. YES. WAS HER MAIDEN NAME, THIS LAURA LEE ELODY, WAS

24 HER MAIDEN NAME WEBB, W-E-B-B? 25 26 A. Q. YES. AND IS THAT THE NAME YOU KNEW HER BY?

22 1 2 A. Q. YES. 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 6 7 Q. A. I DID. (FOR I.D. = GRAND JURY EXHIBIT 9) 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 12 13 14 15 16 17 18 A. Q. A. Q. A. Q. A. Q. YES. WHO DO YOU KNOW THAT TO BE? HATTIE. AND HOW DID YOU COME TO KNOW HATTIE? LAURA'S MOTHER, WHEN I MET LAURA. AND IS LAURA ELODY FROM EXHIBIT 8? CORRECT. WOULD MS. STRETZ, HATTIE STRETZ, EVER COME TO

19 SALON MERITAGE? 20 21 22 23 24 25 26 A. Q. A. Q. A. Q. A. YES. AND WHAT SORTS OF REASONS WOULD SHE COME THERE? TO GET HAIR, NAILS AND WAXING DONE. ALL RIGHT. NO. WHOSE CLIENT WOULD SHE BE? LAURA'S, LAURA ELODY. WAS MS. STRETZ YOUR CLIENT?

23 1 Q. WAS IT COMMON THAT YOU WOULD BECOME FAMILIAR WITH

2 THE OTHER STYLISTS' CLIENTS? 3 4 A. Q. YES. THEY WOULD COME INTO THE SALON ON A REGULAR BASIS

5 AND YOU WOULD GET TO KNOW THEIR NAME? 6 7 8 Q. A. YES. (FOR I.D. = GRAND JURY EXHIBIT 5) 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 12 13 14 A. Q. A. Q. YES. AND HOW IS IT THAT YOU RECOGNIZE HER? AS VICTORIA BUZZO'S CLIENT. SO MS. KONDAS WOULD SOMETIMES COME TO SALON

15 MERITAGE TO GET BEAUTY WORK DONE BY VICTORIA BUZZO? 16 17 18 Q. A. YES. (FOR I.D. = GRAND JURY EXHIBIT 7) 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 23 24 A. Q. A. YES. HOW DO YOU RECOGNIZE THAT INDIVIDUAL? 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 2 3 4 A. Q. A. Q. CORRECT. IN ONE OF THE OTHER STYLISTS' CHAIRS? YES. 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 10 A. Q. (INDICATING). 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 15 A. Q. YES. I AM GOING TO PUT A "G" IN THAT CHAIR TO INDICATE

16 GALLEGOS -- EXCUSE ME, GALLEGO, THERE IS NO "S" ON IT? 17 18 19 20 A. Q. A. Q. NO. HAVE I PUT THE "G" ON THE CORRECT SPACE? YES. 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 24 A. Q. YES. AND AT THAT DATE AND TIME DID SOMETHING UNUSUAL

25 HAPPEN THAT ATTRACTED YOUR ATTENTION? 26 A. YES.

25 1 2 Q. A. AND WOULD YOU TELL US WHAT THAT WAS. 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 7 8 9 10 DOOR? 11 12 A. Q. CORRECT. THAT WOULD BE THE DOOR ON THE SIDE OF EXHIBIT 19 A. Q. A. Q. YES. WHICH I AM SHOWING TO YOU NOW (INDICATING)? YES. THIS PERSON, SCOTT DEKRAAI, CAME IN THE SIDE

13 (INDICATING)? 14 15 A. Q. CORRECT. 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 22 23 24 A. Q. A. Q. NO, I WAS FACING THE DOOR. OKAY. AND I SEEN HIM WALK IN. FACING THE SIDE DOOR ON THE LEFT SIDE OF EXHIBIT

25 19, AND YOU SAW MR. DEKRAAI WALKING? 26 A. YES.

26 1 2 3 4 5 Q. A. Q. A. Q. WHAT DIRECTION DID YOU SEE HIM WALKING? TOWARDS THE SHAMPOO BOWLS. CAN YOU SHOW US WHERE ON EXHIBIT 19 THAT IS? (INDICATING). YOU POINTED TO THE AREA JUST RIGHT OF THE AREA

6 LABELED CHRISTY WILSON; IS THAT CORRECT? 7 8 A. Q. CORRECT. YOU SAW SCOTT DEKRAAI COME FROM THE SIDE DOOR

9 WALKING TOWARDS THE SHAMPOO BOWLS? 10 11 A. Q. YES. WAS THERE ANYTHING AT THE SHAMPOO BOWLS AT THAT

12 TIME? 13 14 A. Q. CHRISTY GETTING HER HAIR SHAMPOOED BY MICHELLE. AND I WANT TO BE CLEAR, WHEN YOU SAY CHRISTY, IS

15 THAT CHRISTY WILSON WHO WAS DEPICTED IN EXHIBIT 3? 16 17 A. Q. YES. CHRISTY WILSON WAS SITTING IN THE CHAIR BY THE

18 SHAMPOO BOWL? 19 20 A. Q. LAYING IN THE CHAIR, CORRECT. SO CHRISTY WILSON'S HAIR WAS BEING SHAMPOOED BY,

21 YOU SAID MICHELLE; IS THAT CORRECT? 22 23 24 25 A. Q. A. Q. THAT IS CORRECT. MEANING MICHELLE FOURNIER? THAT IS CORRECT. AND THAT'S HOW IT IS LABELED ON EXHIBIT 19,

26 CORRECT?

27 1 2 A. Q. CORRECT. 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 6 7 A. Q. A. YES. WHAT IF ANYTHING DID YOU SEE SCOTT DEKRAAI DO? 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 13 14 15 16 17 A. Q. A. Q. A. Q. YES. AND THEN YOU SAY HE STARTED SHOOTING? CORRECT. HOW DID YOU BECOME AWARE THAT HE WAS SHOOTING? THE SOUNDS OF THE GUN. HAVE YOU HEARD GUNFIRE PRIOR TO THE DAY OF

18 OCTOBER 12TH, 2011? 19 20 A. Q. YES, I HAVE. SO YOU HAVE AN UNDERSTANDING OF WHAT IT SOUNDS

21 LIKE WHEN A GUN IS FIRED? 22 23 A. Q. YES, I DO. IS THAT THE SOUND THAT YOU HEARD AFTER SCOTT

24 DEKRAAI WALKED INTO SALON MERITAGE ON OCTOBER 12TH OF 2011? 25 26 A. Q. YES. HOW MANY GUNSHOTS DID YOU HEAR RIGHT AT THE TIME

28 1 HE WALKED INTO THE SALON? 2 3 4 5 6 7 A. Q. A. Q. A. Q. UNCOUNTABLE. IS THAT TO SAY THERE WAS MORE THAN ONE? YES. WAS IT MORE THAN A SMALL NUMBER? MORE THAN 10. 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 15 A. Q. FOUR OR FIVE. AND DID YOU SEE HIS BODY AT THE TIME THAT YOU

16 HEARD THOSE FOUR OR FIVE GUNSHOTS? 17 18 19 20 A. Q. A. Q. YES. WHERE WAS HIS BODY FACING? THE SHAMPOO BOWLS DOWN. AND WAS THAT IN THE DIRECTION WHERE CHRISTY

21 WILSON AND MICHELLE FOURNIER WERE? 22 23 24 A. Q. A. YES. WHAT DID YOU DO UPON HEARING THOSE GUNSHOTS? 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 3 A. Q. (INDICATING). 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 7 8 9 A. Q. A. Q. YES. LOWER RIGHT IS BATHROOM. YES. 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 13 14 A. Q. A. LISA POWERS. WHAT DID YOU DO AFTER YOU WENT IN THE BATHROOM? I GRABBED FROM MY STATION MY WORK PHONE, AND I

15 DUCKED, I TRIED TO DUCK BEHIND THE TOILET IN THE BATHROOM. 16 17 18 Q. A. Q. AND THE PURPOSE IN DOING SO? I DIDN'T WANT TO GET SHOT AND KILLED. AS YOU WENT INTO THE BATHROOM, COULD YOU HEAR

19 NOISES FROM OUTSIDE IN THE MAIN SALON AREA STILL? 20 21 A. Q. CONSTANT SCREAMING AND GUNSHOTS. HAD YOU SEEN ANY OTHER PERSON COME INTO THE SALON

22 WITH A GUN THAT DAY? 23 24 A. Q. NO. YOU SAID YOU HEARD CONSTANT SCREAMING AND

25 GUNSHOTS AS YOU WERE IN THE BATHROOM; IS THAT RIGHT? 26 A. YES.

30 1 2 3 4 5 Q. A. Q. A. Q. IS THAT PLURAL GUNSHOTS? GUNSHOTS. CAN YOU ESTIMATE THE NUMBER? OVER 20. OKAY. OVER 30.

DID YOU HEAR ANY OF THE SCREAMING COME

6 FROM A LOCATION CLOSE TO YOU IN THE BATHROOM? 7 8 A. Q. NO, NOT YET. 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 16 17 A. Q. A. THAT IS THE CORRECT LOCATION. YOU SAID LAURA RAN; IS THAT CORRECT? 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 22 23 ROOM? 24 25 26 A. Q. A. I DID. WHAT DID YOU HEAR NEXT? I HEARD HER STOP BANGING ON THE DOOR AND LEAN UP A. Q. YES. YOU HEARD HER BANGING ON THE DOOR OF THE FACIAL

31 1 AGAINST THE BATHROOM DOOR. 2 Q. NOW THIS WOULD BE THE BATHROOM DOOR IN WHICH YOU

3 AND LISA POWERS WERE? 4 5 6 A. Q. A. YES. AND THEN WHAT HAPPENED? OBVIOUSLY SCOTT FOLLOWED HER INTO THERE, AND SHE

7 BEGGED HIM NOT TO SHOOT HER. 8 9 10 11 12 13 14 15 16 Q. A. Q. A. Q. A. Q. A. Q. WHAT DID YOU HEAR HER SAY? YOU DON'T HAVE TO DO THIS, PLEASE DON'T KILL ME. AND THEN WHAT HAPPENED? HE SHOT HER. DID YOU HEAR GUNSHOTS AT THAT TIME? YES. WAS THERE ONE OR MORE GUNSHOTS? MORE. WHEN YOU HEARD HER VOICE DID YOU RECOGNIZE IT TO

17 BE LAURA ELODY WEBB? 18 19 A. Q. I DID. AND AFTER THE GUNSHOTS, DID YOU HEAR HER VOICE

20 AGAIN? 21 22 A. Q. NO. 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 26 A. Q. I HEARD HER TAKE HER LAST BREATH. DID YOU HEAR ANY MORE GUNSHOTS AFTER THAT TIME?

32 1 2 A. Q. I DID. APPROXIMATELY HOW MUCH TIME ELAPSED BETWEEN THE

3 GUNSHOTS ASSOCIATED WITH LAURA AND THE NEXT GUNSHOTS YOU 4 HEARD? 5 6 7 8 A. Q. A. Q. A MINUTE, MINUTES. AND HOW MANY MORE GUNSHOTS DO YOU RECALL HEARING? TWO. 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 12 A. Q. FURTHER AWAY. SO I TAKE IT THE SOUND WAS MORE FAINT THAN THE

13 ONES THAT HAD JUST BEEN ASSOCIATED WITH LAURA? 14 15 A. Q. YES. 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 19 A. Q. I AM SORRY, REPEAT THAT. YOU ARE IN THE BATHROOM AND YOU HEAR LAURA SAYING

20 WHAT YOU HEARD HER SAY, AND THEN THERE WERE GUNSHOTS? 21 22 23 24 A. Q. A. Q. YES. HOW LOUD WERE THOSE GUNSHOTS TO YOU? LOUD. ECHOED IN THE BATHROOM.

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 4 5 6 7 A. Q. A. Q. A. YES. WERE THOSE IN RAPID SUCCESSION, THOSE TWO? YES. WHAT HAPPENED AFTER THAT? ME AND LISA STOOD QUIET UNTIL WE COULD HEAR THE SO A FEW, MAYBE A MINUTE OR TWO PASSED AFTER THAT,

8 POLICE.

9 AND WE HEARD SCREAMING IN THE SALON FROM MEN. 10 11 12 Q. A. Q. FROM MEN? TO CALL 911. SO THERE WAS SCREAMING OF MEN, AND YOU COULD MAKE

13 OUT THE WORDS THAT WERE BEING YELLED BY THE MENS' VOICES? 14 15 16 17 A. Q. A. Q. YES. CALL 911? GET TOWELS. SO DID THESE TO YOUR MIND SOUND LIKE THE VOICES

18 OF PEOPLE RESPONDING TO GIVE HELP? 19 20 A. Q. YES. SO IN SOME RESPECT DID YOU BEGIN TO THINK THE

21 THREAT WAS OVER AND IT WAS SAFE TO EMERGE FROM THE BATHROOM? 22 23 24 25 26 A. Q. A. Q. A. YES. AND WHAT DID YOU DO THEN? I TURNED ON THE BATHROOM LIGHT. COULD YOU SEE ANYTHING AT THAT TIME? WE WERE STANDING IN LAURA'S BLOOD.

34 1 2 3 4 Q. A. Q. A. WITHIN THE BATHROOM ITSELF? YES. ALL RIGHT. WHAT HAPPENED NEXT?

I TRIED TO OPEN THE DOOR, BUT HER BODY WAS

5 BLOCKING IT. 6 7 8 9 Q. A. Q. A. AND IS THAT LAURA'S BODY? LAURA'S BODY. WERE YOU ABLE TO FINALLY EXIT THE BATHROOM? 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 20 A. Q. I DID. 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 23 24 A. Q. A. YES. AND WHAT DID YOU SEE AS YOU DID THAT? 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 3 4 5 6 7 8 9 A. Q. A. Q. A. Q. A. Q. NO. SO WHAT HAPPENED NEXT? I WENT OVER TOWARD VICTORIA. YOU WENT OVER TO VICTORIA? I WENT OVER TO LOOK TO WHERE SHE WAS AT, YES. WHY WAS THAT? TO SEE IF SHE WAS HURT. AND THIS IS VICTORIA BUZZO, WHO YOU PREVIOUSLY

10 IDENTIFIED FROM EXHIBIT 6, CORRECT? 11 12 A. Q. YES. AND WHAT DID YOU FIND AS YOU WENT TO LOOK FOR

13 VICTORIA? 14 15 A. Q. SHE WAS FACE DOWN IN A POOL OF BLOOD. AND DO YOU SEE ON EXHIBIT 19 WHERE HER NAME IS

16 WRITTEN, VICTORIA BUZZO, JUST ABOVE THE CENTER OF THE 17 DIAGRAM? 18 19 A. Q. YES. IS THAT ROUGHLY THE AREA WITHIN THE SALON WHERE

20 YOU SAW VICTORIA FACE DOWN? 21 22 A. Q. YES. WHAT ELSE DID YOU SEE AS YOU WALKED OUT INTO THE

23 SALON? 24 25 A. Q. HATTIE LYING NEXT TO HER. 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 2 3 4 5 6 7 8 A. Q. A. Q. A. Q. A. Q. YES. HARRIET STRETZ? YES. DID SHE HAVE BLOOD AROUND HER PERSON AS WELL? YES. AS SHE LAY ON THE FLOOR? YES. AND WAS SHE LOCATED IN APPROXIMATELY THE AREA

9 WHERE HER NAME IS WRITTEN ON EXHIBIT 19? 10 11 12 13 A. Q. A. Q. YES. CLOSE TO WHERE VICTORIA BUZZO LAY? NEXT TO VICTORIA, YES. WHAT ELSE DID YOU SEE AS YOU WALKED INTO THE

14 SALON? 15 16 A. Q. RANDY AT HIS STATION. 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 20 A. Q. CORRECT. WAS THAT RANDY'S STATION, THE CHAIR THAT IS JUST

21 ABOVE HIS NAME? 22 23 A. Q. YES. 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 2 3 4 5 Q. A. Q. A. Q. WAS HE ON THE GROUND? ON HIS BACK, YES. AND WHAT WAS HIS APPARENT CONDITION? LOOKED DEAD TO ME. DID YOU MAKE ANY OTHER OBSERVATIONS IN THE SALON

6 THAT DAY? 7 A. CHRISTY WILSON SLUMPED OVER THE SHAMPOO BOWL

8 CHAIR. 9 10 11 12 13 14 15 Q. A. Q. A. Q. A. Q. AND WHAT WAS HER APPARENT CONDITION? SHE HAD BLOOD ON HER. DID YOU SEE LUCIA KONDAS WITHIN THE SALON? I DID NOT. DID YOU SEE MICHELLE FAST WITHIN THE SALON? I DID. WHERE DID YOU SEE HER AS YOU HAD RE-ENTERED FROM

16 THE BATHROOM? 17 18 A. Q. SHE WAS BY THE PRODUCT. AND WHEN YOU SAY, THE PRODUCT, COULD YOU TELL US

19 IN EXHIBIT 19 WHERE THAT WOULD BE. 20 21 A. Q. WHERE HER NAME IS AT (INDICATING). YOU POINTED TO THE LOCATION TOWARDS THE TOP OF

22 EXHIBIT 19 WHERE THE NAME MICHELLE FAST IS WRITTEN? 23 24 A. Q. CORRECT. I TAKE IT THERE WAS SOME SHAMPOO OR PRODUCT FOR

25 SALE UP IN THAT LOCATION? 26 A. YES.

38 1 2 3 4 Q. A. Q. A. AND WAS SHE IN A CHAIR, ON THE GROUND? SHE WAS ON THE GROUND, NOT YET DEAD. WHAT WAS HER APPARENT CONDITION? 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 14 15 16 17 18 A. Q. A. Q. A. Q. THAT IS. IS SHE SORT OF THE CO-OWNER OF THE SALON? YES. AND WAS SANDY FANNIN ALSO A STYLIST AT THE SALON? YES. YOU SAID THERE IS A COLOR ROOM WHERE A STYLIST

19 WILL MIX COLOR; IS THAT HAIR COLORING PRODUCTS? 20 21 A. Q. YES. 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 25 26 A. Q. A. YES. YOU SAID SANDY CAME OUT OF THE COLOR ROOM? YES.

39 1 2 3 4 5 UP. 6 7 8 Q. A. AND COULD HE BE AWAKENED? NO. MR. GALLEGO, AT THIS TIME I HAVE NO Q. A. Q. A. AND WENT TOWARD RANDY? YES. AND THEN WHAT HAPPENED? SHE WAS SCREAMING TO WAKE RANDY UP, TO GET HIM

MR. WAGNER:

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. 13 SO JUST BEAR WITH US. THANK YOU.

THE GRAND JURY FOREPERSON:

ARE THERE ANY QUESTIONS

14 FROM THE GRAND JURY? 15 16 (AFFIRMATIVE RESPONSES). THE GRAND JURY SECRETARY: THESE WILL BE LISTED AS

17 EXHIBIT 34. 18 19 Q. (FOR I.D. = GRAND JURY EXHIBIT 34) 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 2 3 Q. A. Q. SO I HAVE DONE THAT IN THE CORRECT LOCATION? YES. AND THEN IS THERE A DOOR THAT YOU REFERRED TO AS

4 THE FRONT DOOR? 5 6 A. Q. YES. IS THAT THE ONE TOWARDS THE TOP THAT I AM

7 POINTING TO (INDICATING)? 8 9 10 11 A. Q. A. Q. YES. LET ME WRITE FRONT DOOR THEN. YES. GIVEN THOSE NAMES, ARE THEY SOMEWHAT MISLEADING

12 IN TERMS OF WHICH DOOR WAS NORMALLY USED BY CUSTOMERS AND 13 EMPLOYEES? 14 15 A. Q. YES. 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 22 23 A. Q. A. CORRECT. GO ON THEN. IF YOU WERE A STYLIST OR A CLIENT OF THE LOWER

24 PART, YOU CAME IN THE SIDE DOOR. 25 26 Q. A. ALL RIGHT. 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 4 A. Q. YES. AND THAT WAS RIGHT AFTER SCOTT DEKRAAI HAD SAID

5 WHATEVER HE SAID IN THE DIRECTION OF MICHELLE FOURNIER AND 6 CHRISTY WILSON? 7 8 A. Q. YES. 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 12 A. Q. YES. AND THEN TWO MORE GUNSHOTS FROM A MORE DISTANT

13 LOCATION BRIEFLY AFTER THAT? 14 15 A. Q. YES. 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 19 20 21 A. Q. A. Q. MINUTE. MINUTE.

MAYBE ONE MINUTE? MAYBE ONE MINUTE. WHAT WAS YOUR EMOTIONAL STATE FROM THE TIME YOU

22 HEARD THE FIRST GUNSHOT UNTIL THE TIME YOU HEARD THE LAST 23 GUNSHOT? 24 25 A. Q. PRETTY SHAKEN UP. 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 3 A. Q. YES. DID YOU TRY TO MAKE ANY PHONE CALLS FROM THE

4 PHONE ONCE YOU WERE WITHIN THE BATHROOM? 5 6 7 8 A. Q. A. YES. ANY SUCCESS? TO MY PARTNER, I BELIEVE. ALL RIGHT. BUT NO SUCCESS TO 911.

MR. WAGNER:

ANYTHING FURTHER, LADIES AND

9 GENTLEMEN? 10 11 Q. (AFFIRMATIVE RESPONSES). 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 15 A. Q. (INDICATING). POINTING TOWARDS THE RIGHT-HAND CORNER, AM I

16 POINTING TOWARD THE CORRECT ONE (INDICATING)? 17 18 A. Q. YES. 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 22 A. Q. THAT IS CORRECT. YOU LOOKED AT THE INDIVIDUAL IN PICTURE 1 AND YOU

23 IDENTIFIED HIM AS SCOTT DEKRAAI, CORRECT? 24 25 A. Q. CORRECT. AND HAD YOU EVER MET HIM OUTSIDE OF THE LOCATION

26 OF THE SALON?

43 1 2 A. Q. YES. 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 10 A. Q. YES. FOLLOWING THE BREAKUP OF THE MARRIAGE OF MICHELLE

11 FOURNIER AND SCOTT DEKRAAI, DID YOU SEE MR. DEKRAAI VERY 12 FREQUENTLY? 13 14 A. Q. NO, NOT FREQUENTLY. 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 25 A. Q. NO. SOME OF WHAT YOU JUST TOLD US YOU LEARNED FROM

26 MICHELLE TALKING TO YOU ABOUT WHAT HAD TRANSPIRED THAT DAY?

44 1 2 A. YES. I THINK THE PART I WOULD LIKE YOU LADIES

MR. WAGNER:

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 7 THE WITNESS: MR. WAGNER: I BELIEVE SO. 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 14 A. Q. YES. AND THAT MR. DEKRAAI WAS THERE IN A VEHICLE, AND

15 MR. DEKRAAI CAME WITH HIS SON DOMINIC? 16 17 A. Q. YES. AND THEN DOMINIC STAYED AT THE SALON WITH

18 MICHELLE THAT DAY? 19 20 21 22 A. Q. A. Q. YES. AND MR. DEKRAAI LEFT IN HIS VEHICLE? YES. 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 26 A. Q. I DID NOT. 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 9 10 11 12 13 A. Q. A. Q. A. Q. (NO RESPONSE). WAS ONE LOUDER THAN THE OTHER? LOUDER. WHICH ONE WAS LOUDER? THE BATHROOM. WHEN YOU CAME OUT OF THE BATHROOM, WAS SCOTT

14 DEKRAAI WITHIN THE SALON ANYMORE? 15 16 A. Q. NO. 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 21 A. Q. YES. AND CAN YOU ESTIMATE FOR US THE LENGTH OF TIME

22 THAT YOU SPENT WITHIN THE BATHROOM AREA? 23 24 A. Q. FOUR MINUTES, FIVE MAX. 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 8 9 10 11 Q. A. Q. A. Q. THE VERY FIRST SHOT TO THE VERY LAST SHOT. THREE MINUTES. MAYBE THREE MINUTES? MAYBE THREE MINUTES. SO HOW LONG AFTER YOU HEARD THE LAST SHOT UNTIL

12 YOU EMERGED FROM THE BATHROOM? 13 14 15 A. MAYBE THREE, THREE MINUTES. THANK YOU, MR. GALLEGO. ARE THERE ANY FURTHER

MR. WAGNER:

THE GRAND JURY FOREPERSON:

16 QUESTIONS FROM THE JURY? 17 18 (NO AFFIRMATIVE RESPONSE). THE GRAND JURY FOREPERSON: SIR, WOULD YOU RISE,

19 PLEASE. 20 21 22 THE WITNESS: (WITNESS COMPLIES). ALL RIGHT.

THE GRAND JURY FOREPERSON:

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 6 7 DO YOU UNDERSTAND? THE WITNESS: YES. THAT BEING SAID, THANK YOU

THE GRAND JURY FOREPERSON:

8 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED. 9 10 ROOM.) 11 THE GRAND JURY FOREPERSON: YOU MAY CALL YOUR NEXT (WHEREUPON GORDON GALLEGO EXITED THE GRAND JURY

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 23 ROOM.) 24 25 26 THE GRAND JURY FOREPERSON: THE WITNESS: GOOD MORNING. PLEASE RAISE YOUR RIGHT GOOD MORNING. (WHEREUPON KENNETH CALEB ENTERED THE GRAND JURY

THE GRAND JURY FOREPERSON:

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 12 THE WITNESS: (WITNESS COMPLIES). AS YOU TESTIFY, WOULD YOU YOU

THE GRAND JURY FOREPERSON:

13 PLEASE SPEAK INTO THE MICROPHONE AND ADDRESS THE JURY.

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 18 THE WITNESS: YES, SIR. MR. DISTRICT ATTORNEY, THE

THE GRAND JURY FOREPERSON:

19 WITNESS IS YOURS. 20 21 22 Q. BY MR. SIMMONS: MR. SIMMONS: THANK YOU VERY MUCH. EXAMINATION 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 2 A. Q. I DO. 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 6 7 A. Q. DO YOU UNDERSTAND THAT, SIR? I DO. 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 12 13 A. Q. DO YOU UNDERSTAND THAT, SIR? I DO. ALL RIGHT. MR. CALEB, DO YOU REMEMBER AN

14 INCIDENT THAT TOOK PLACE ON OCTOBER THE 12TH OF 2011? 15 16 A. Q. YES, SIR. 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 19 A. Q. AT PATTY'S PLACE. 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 26 A. Q. AT LEAST FOUR TIMES A WEEK. AND WHY DO YOU GO TO PATTY'S PLACE FOUR TIMES A

50 1 WEEK? 2 3 4 5 6 7 A. Q. A. Q. A. Q. GREAT FOOD. FOR LUNCH? FOR LUNCH. AND YOU DO THAT ON A REGULAR BASIS, SIR? YES, SIR. AND HOW LONG HAVE YOU BEEN DOING THAT PRIOR TO

8 OCTOBER THE 12TH OF 2011, AN APPROXIMATE, IF YOU CAN? 9 10 A. Q. A YEAR OR TWO. OKAY. SO YOU ARE A REGULAR, AT LEAST AT

11 LUNCHTIME, AT PATTY'S PLACE? 12 13 A. Q. CORRECT. DIRECTING YOUR ATTENTION TO OCTOBER THE 12TH OF

14 2011, DO YOU REMEMBER BEING AT PATTY'S PLACE AROUND 15 LUNCHTIME? 16 17 A. Q. YES. IS THERE A SPECIFIC LOCATION WHERE YOU SIT, OR

18 SPECIAL TABLE WHERE YOU SIT WHEN YOU HAVE LUNCH AT PATTY'S? 19 20 A. Q. YES. AND WHEN YOU HAVE LUNCH AT PATTY'S, ARE YOU BY

21 YOURSELF OR WITH A GROUP? 22 23 A. Q. NORMALLY A GROUP. IS IT THE SAME PLAYERS OR THE SAME PEOPLE IN THAT

24 GROUP MOST OF THE TIME? 25 26 A. Q. MOST OF THE TIME. 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 6 7 8 A. Q. A. Q. YES. DID SOMETHING OUT OF THE ORDINARY OCCUR? CORRECT. 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 26 A. Q. YES, I CAN. AND CAN YOU ORIENT YOURSELF TO WHERE PATTY'S

52 1 PLACE IS AND SALON MERITAGE IS FROM THAT AERIAL DIAGRAM? 2 3 A. Q. YES, I CAN. 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 8 A. Q. (WITNESS COMPLIES). OKAY. SO AM I IN THE RIGHT AREA WITH THE PEN

9 (INDICATING)? 10 11 12 THAT. A. Q. YOU ARE. I AM GOING TO GO AHEAD AND WRITE "PATTY'S" ON I DON'T KNOW IF YOU CAN SEE IT VERY WELL. A SHARPIE. THANK YOU. DO WE HAVE

13 ANOTHER PEN? 14

I WILL TRY THAT AGAIN.

I HAVE MARKED NOW WITH A SHARPIE, "PATTY'S," IS

15 THAT IN THE GENERAL LOCATION THERE? 16 17 18 19 A. Q. A. Q. YES, SIR. AND THEN SALON MERITAGE, WHERE WOULD THAT BE? RIGHT HERE (INDICATING) ON THE CORNER. 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 5 6 7 A. Q. A. Q. THAT IS FAIR TO SAY. SO APPROXIMATELY 1:00 P.M.? CORRECT. AND YOU HAVE IDENTIFIED THIS INDIVIDUAL THAT

8 ENTERED PATTY'S PLACE AS SCREAMING AND YELLING? 9 10 11 A. Q. A. CORRECT. CAN YOU DESCRIBE HER DEMEANOR FOR THE GRAND JURY. 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 16 Q. A. OKAY. AND YOU SAY SCARED BASED ON WHAT?

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 23 A. Q. NOTHING. 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. 2 OUT WHAT SHE IS SAYING. AND WE ARE REALLY TRYING TO MAKE I MEAN SHE SAID IT SO MANY TIMES, AND WE WERE ABLE TO KIND OF GET

3 BUT THE WORDS WERE JUMBLED.

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 11 12 13 14 A. Q. A. Q. I DID. AND YOU ARE STANDING RIGHT THERE, SIR? I AM STANDING RIGHT THERE. LET ME BACK UP A LITTLE BIT. 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 22 Q. A. OKAY. 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 2 3 A. Q. IT IS MORE LIKE AN APRON. OKAY, FAIR ENOUGH. SO SHE IS SCREAMING AND YELLING, YOU ARE STANDING

4 THERE, ROSE PICKS UP THE PHONE AND DIALS 911 IN YOUR 5 PRESENCE? 6 7 8 A. Q. A. CORRECT. WHAT HAPPENS NEXT? 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 15 A. Q. YEAH. HAVE YOU HEARD GUNSHOTS PRIOR TO OCTOBER THE 12TH

16 OF 2011? 17 18 A. Q. I HAVE. OKAY. AND HOW MANY TIMES HAVE YOU HEARD GUNSHOTS

19 BEFORE, ROUGHLY? 20 21 A. Q. TWO OR THREE TIMES. 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 25 A. Q. YES, SIR. 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 HILLER, WHO SITS ON THE VERY END, KIND OF I SLID OUT OF THE BOOTH.

6 AGAINST THE WALL.

7 SLID OUT OF THE SEAT. 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 6 A. Q. I WOULD SAY IT IS ABOUT HALF THE DOOR. UNOBSTRUCTED, YOU SAID YOU CAN SEE DIRECTLY IN

7 AND OUT OF THE RESTAURANT? 8 9 A. Q. UNOBSTRUCTED, YES. 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 AT THE CORNER

16 JUST A MIRAGE OF PEOPLE RUNNING EVERYWHERE.

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 3 4 5 Q. A. Q. A. OKAY. KIND OF A CHAOTIC SCENE, IF YOU WILL?

VERY CHAOTIC. WHAT ELSE DID YOU SEE? 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 21 22 Q. A. Q. OKAY. SO MAYBE FIVE TO TEN FEET?

FIVE TO TEN FEET. 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 26 A. Q. JUST VERY CALM. 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 HE

4 SLIGHTLY TILTED DOWN AS IF HE WAS LOOKING AT THE GROUND. 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 13 A. Q. CORRECT. CAN YOU POINT TO THE GENERAL AREA WHERE YOU FIRST

14 SAW THE INDIVIDUAL ACTING CALMLY, IF YOU WILL. 15 16 17 18 19 20 21 A. Q. A. Q. A. Q. (WITNESS COMPLIES). AND I AM GOING TO DO MY BEST HERE TO MARK IT. RIGHT IN THE MIDDLE. IS THE PEN IN THE RIGHT SPOT (INDICATING)? RIGHT ABOUT IN THERE, YES. I AM GOING TO MARK THAT AS A D-1, OKAY. 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 26 A. Q. I BELIEVE SO, YES. 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 15 A. Q. ABSOLUTELY. 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 19 A. Q. I'D SAY IT'S ABOUT RIGHT IN HERE (INDICATING). 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 23 24 A. Q. A. CORRECT. THE GENERAL AREA? 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 2 3 CAR. 4 Q. SO I AM JUST GOING TO PUT AN "X" IN THAT GENERAL Q. A. THE FIRST CAR? IN BETWEEN, I WOULD SAY, THE FIRST AND SECOND

5 LOCATION; AM I IN THE RIGHT SPOT? 6 7 A. Q. YES. AND FOR THE DIAGRAM THAT'S TO THE LEFT MIDDLE OF

8 THE DIAGRAM MARKED WITH AN "X." 9 10 CORRECT? 11 12 A. Q. CORRECT. NOW, ARE YOU STILL IN THE RESTAURANT, PATTY'S THAT'S THE AREA WHERE YOU SEE HIM GO TO THE CAR,

13 PLACE, LOOKING OUT THE WINDOW AT THIS POINT? 14 15 16 17 18 19 20 A. Q. A. Q. A. Q. A. I AM IN THE RESTAURANT LOOKING OUT THE WINDOW. UNOBSTRUCTED VIEW? UNOBSTRUCTED VIEW. CLEAR VIEW? CLEAR VIEW. WHAT DO YOU SEE HAPPEN NEXT? HE IS WALKING TO, AT THE TIME WHICH WAS HIS CAR, HE WALKS RIGHT

21 BUT HE IS WALKING BEHIND A WHITE TRUCK.

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 8 9 A. Q. A. I BELIEVE IT WAS AN OLDER, MAYBE A JEEP CHEROKEE. IF YOU DON'T KNOW, IT IS OKAY. I COULDN'T TELL THE ACTUAL MAKE AND MODEL OF IT,

10 BUT I BELIEVE IT WAS AN OLDER JEEP TYPE CAR. 11 12 Q. (FOR I.D. = GRAND JURY EXHIBIT 33) 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 16 A. Q. THAT IS THE CAR. OKAY. THAT'S THE CAR THAT YOU DESCRIBED YOU

17 THOUGHT WAS A JEEP LIKE CAR? 18 19 A. Q. CORRECT. 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 24 A. Q. THAT IS CORRECT. AND YOU INDICATED THAT YOU SAW HIM RAISE UP HIS

25 ARM (INDICATING)? 26 A. CORRECT.

63 1 2 3 4 NOT? 5 6 NOT. A. AT THE TIME THAT HE RAISED HIS ARMS UP, I COULD Q. A. Q. AND YOU HEARD GUNSHOTS? CORRECT. COULD YOU ACTUALLY SEE THE GUN AT THAT POINT OR

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 11 A. Q. CORRECT. 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 22 23 20. 24 Q. ONCE AGAIN, IF YOU COULD TELL US IN THE GRAND A. CAN YOU GIVE US AN APPROXIMATION, SIR. I WOULD SAY THAT'S APPROXIMATELY 15 FEET, MAYBE

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 6 7 8 A. Q. A. Q. CORRECT. AND THAT'S THE APPROXIMATE DISTANCE? THAT'S THE APPROXIMATE DISTANCE. 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 I IMMEDIATELY SAY,

12 THE YOUNG LADY THAT CAME IN TO PATTY'S.

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 IT

15 DESCRIBE AS MUCH AS I COULD ABOUT THE TRUCK HE GOT INTO. 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, AND I KEPT DESCRIBING THE TRUCK.

26 THERE IS NO LICENSE PLATE.

65 1 AS HE WAS BACKING OUT, I FIXATED ON HIM, HE WAS NOTHING THAT YOU WOULD EXPECT FROM

2 VERY CALM, ONCE AGAIN.

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. 7 Q. OKAY. JUST VERY CALM. AND YOU ACTUALLY SAW HIM GET INTO THAT

8 WHITE TRUCK, I TAKE IT? 9 10 11 12 13 14 A. Q. A. Q. A. Q. I SAW HIM GET INTO THE TRUCK. AND YOU SAW THE TRUCK EXIT? I SAW THE TRUCK EXIT. WERE YOU EVER ABLE TO OBTAIN THE LICENSE PLATE? NO. 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 AND AT

6 DIRECTION TOWARDS SALON MERITAGE AND DIRECTLY AT ME.

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 21 A. Q. CORRECT, HE IS EXITING HERE (INDICATING). 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 24 25 A. Q. AM I IN THE RIGHT LOCATION (INDICATING)? YES. 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 3 A. Q. CORRECT. AND THEN YOU SAW HIM TURN RIGHT ONTO MARINA

4 DRIVE? 5 6 7 A. Q. A. CORRECT. AND HOW FAR DOWN MARINA DRIVE DID YOU SEE HIM? 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 13 A. Q. CORRECT. SO ON THE DIAGRAM I AM JUST GOING TO PUT AN ARROW

14 TO SHOW THAT HE TURNED RIGHT; FAIR ENOUGH (INDICATING)? 15 16 17 18 A. Q. A. Q. FAIR ENOUGH. AND YOU DON'T KNOW WHERE HE WENT FROM THERE? NO. 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 23 A. Q. I DID. 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 8 9 10 A. Q. A. Q. THAT IS CORRECT. GENERAL AREA? CORRECT. AND YOU ARE STILL IN PATTY'S LOOKING OUT THE

11 FRONT DOOR, CORRECT? 12 13 A. Q. CORRECT. SO YOU HAVE ONE OPPORTUNITY YOU SEE THE SIDE

14 VIEW, CORRECT? 15 16 A. Q. CORRECT. ANOTHER OPPORTUNITY THAT IS MARKED "X" WHERE YOU

17 SEE HIS FACE FROM THE FRONT? 18 19 A. Q. FROM THE FRONT. 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 23 A. Q. WE MEET EYES, CORRECT. 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 2 Q. A. AND WHO DO YOU RECOGNIZE THAT INDIVIDUAL TO BE? 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 8 A. Q. CORRECT. 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, I AM TALKING ABOUT PRIOR

15 BECAUSE THAT WAS A BAD QUESTION.

16 TO SEEING THE INDIVIDUAL SHOOT INTO THAT CAR? 17 18 A. Q. OH, CORRECT, YES. SO IN BETWEEN THE SHOTS IN THE SALON AND THE TIME

19 THAT THIS INDIVIDUAL SHOOTS INTO THE LAND ROVER -20 21 22 23 A. Q. A. Q. CORRECT. -- YOU SAW IT APPROACH? I SAW THE CAR APPROACH. 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 4 A. Q. POLICE DO ARRIVE. OKAY. PARAMEDICS, EMERGENCY RESPONSE TEAMS,

5 RIGHT? 6 7 A. Q. CORRECT. DID YOU HAVE AN OPPORTUNITY AT SOME POINT IN TIME

8 TO WALK BACK OVER TO THE LAND ROVER? 9 10 11 A. Q. A. I DID. AND WHAT DID YOU SEE WHEN YOU DID THAT? I SAW THE DRIVER, WHICH APPEARED TO HAVE BEEN HE

12 SHOT IN THE NECK, IN THE HEAD, WAS PROFUSELY BLEEDING.

13 WAS HUNCHED OVER THE, NOT OVER THE STEERING WHEEL, BUT HIS 14 HEAD WAS FACING DOWN. 15 THAT LAST BREATH. 16 Q. DID YOU ACTUALLY PHYSICALLY OBSERVE HIM TRYING TO AND HE WAS TRYING TO BREATHE, TO TAKE

17 BREATHE? 18 19 A. Q. I DID. HAD YOU SEEN THAT PERSON PRIOR TO OCTOBER THE

20 12TH OF 2011? 21 22 23 Q. A. I HAVE. (FOR I.D. = GRAND JURY EXHIBIT 10) 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 4 5 6 7 8 9 10 11 A. Q. A. Q. A. Q. A. IT WAS. AND DID YOU KNOW THAT PERSON? DAVE WOULD FREQUENTLY COME IN TO PATTY'S PLACE. SO YOU KNEW HIM AS DAVE? CORRECT. DID YOU KNOW DAVE'S LAST NAME? I KNEW HIM AS DAVE. OKAY, FAIR ENOUGH.

MR. SIMMONS:

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 16 THE WITNESS: SURE. ARE THERE ANY QUESTIONS

THE GRAND JURY FOREPERSON:

17 FROM THE JURY? 18 19 (AFFIRMATIVE RESPONSES). THE GRAND JURY SECRETARY: THESE WILL BE MARKED AS

20 EXHIBIT 35. 21 22 (FOR I.D. = GRAND JURY EXHIBIT 35) 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. 2 WE CAN DO IT EITHER WAY. OKAY, BUT CAN YOU PUT

THE GRAND JURY SECRETARY:

3 QUESTIONS TO WITNESS GORDON GALLEGO AND QUESTIONS NOT ASKED 4 AS ONE EXHIBIT, 34? 5 6 MR. WAGNER: CERTAINLY. SO QUESTIONS TO WITNESS THOSE WILL BE QUESTIONS

THE GRAND JURY SECRETARY:

7 KENNETH CALEB WILL BE EXHIBIT 35. 8 ASKED AND NOT ASKED TOGETHER. 9 10 MR. WAGNER: Q. OKAY.

THANK YOU.

BY MR. SIMMONS:

SIR, DO YOU KNOW THE NAME OF THE

11 STYLIST THAT RAN INTO PATTY'S PLACE? 12 13 14 15 16 17 A. NO, I DID NOT KNOW HER NAME. FAIR ENOUGH.

MR. SIMMONS:

ANY OTHER QUESTIONS? THE GRAND JURY FOREPERSON: ANY OTHER QUESTIONS?

(NO AFFIRMATIVE RESPONSE). THE GRAND JURY FOREPERSON: THERE BEING NONE, WOULD YOU

18 PLEASE STAND. 19 20 THE WITNESS: (WITNESS COMPLIES). KENNETH CALEB, YOU ARE

THE GRAND JURY FOREPERSON:

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 4 5 DO YOU UNDERSTAND? THE WITNESS: YES, SIR. THAT BEING SAID, THANK YOU

THE GRAND JURY FOREPERSON:

6 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED. 7 8 9 ROOM.) 10 MR. WAGNER: LADIES AND GENTLEMEN, WE ARE GOING TO TAKE THE WITNESS: THANK YOU VERY MUCH.

(WHEREUPON KENNETH CALEB EXITED THE GRAND JURY

11 OUR MORNING BREAK. 12 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN OF THE DURING THIS PERIOD

13 JURY, WE WILL BE IN RECESS UNTIL 10:25.

14 YOU MUST NOT DISCUSS WITH ANYONE EITHER INSIDE OR OUTSIDE OF 15 THIS ROOM ANY SUBJECT CONNECTED WITH THIS HEARING. 16 17 18 JURY ROOM:) 19 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN, THE (RECESS TAKEN.) (THE FOLLOWING PROCEEDINGS WERE HELD IN THE GRAND

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 24 MR. DISTRICT ATTORNEY, DO YOU HAVE A WITNESS? 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 3 ROOM.) 4 THE GRAND JURY FOREPERSON: WOULD YOU PLEASE RAISE YOUR (WHEREUPON TODD DEVOE ENTERED THE GRAND JURY

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 12 THE WITNESS: SURE, TODD DEVOE, D-E-V-O-E. THANK YOU. AS YOU TESTIFY

THE GRAND JURY FOREPERSON:

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 17 18 ANY QUESTIONS? THE WITNESS: NO QUESTIONS. MR. DISTRICT ATTORNEY, THE

THE GRAND JURY FOREPERSON:

19 WITNESS IS YOURS. 20 21 22 Q. BY MR. SIMMONS: MR. SIMMONS: THANK YOU, SIR. EXAMINATION 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 2 A. Q. I DO UNDERSTAND. 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 6 7 A. Q. DO YOU UNDERSTAND THAT, SIR? I UNDERSTAND THAT. 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 11 12 A. Q. DO YOU UNDERSTAND THAT, SIR? I UNDERSTAND THAT. 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 I ALSO SERVED IN THE

20 SERVICES AS A E.M.T., AS A MEDIC.

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 7 8 9 Q. A. Q. A. WHEN YOU SAY E.M.T., WHAT IS THAT? EMERGENCY MEDICAL TECHNICIAN. AND THEN YOU BECAME? 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 22 A. Q. EXTENSIVE. 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 11 12 A. Q. A. YES, I DO. WHERE WERE YOU AT AROUND 1:00 P.M. THAT DAY? 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 22 A. Q. I DID. AND WHERE IS THAT LOCATED, DO YOU KNOW THE

23 PHYSICAL ADDRESS? 24 25 26 A. Q. A. IT IS 500 P.C.H., OR PACIFIC COAST HIGHWAY. THAT'S IN THE CITY OF SEAL BEACH? THE CITY OF SEAL BEACH.

78 1 2 3 4 Q. A. Q. A. THAT'S LOCATED IN THE COUNTY OF ORANGE, SIR? THE COUNTY OF ORANGE, YES. OKAY. WHEN YOU RESPOND THERE, WHAT DO YOU DO?

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. 9 SALON. 10 Q. OKAY. SHOWING YOU WHAT HAS BEEN MARKED AS AND THEN I ENTERED THE

11 EXHIBIT NUMBER 19. 12 13 14 15 A. Q. A. Q. OKAY. CAN YOU SEE THAT, SIR? YES. 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 22 A. Q. CORRECT. 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 WENT AROUND THE

2 THE, I GUESS, SOUTH SIDE OF THE BUILDING.

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 9 A. Q. CORRECT, THAT IS CORRECT. TELL THE JURY WHAT THE PURPOSE IS WHEN YOU ARE

10 ENTERING THE SALON. 11 12 A. Q. AS A RESPONDING MEDIC. 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. 17 Q. OKAY. THAT WOULD HAVE BEEN RANDY.

NOW, ON THE DIAGRAM THERE YOU CAN SEE THE

18 MARKINGS WITH THE NAME OF RANDY FANNIN? 19 20 A. Q. CORRECT, TRUE. AND THAT'S RIGHT WHERE YOU WALK IN THE DOOR; IS

21 THAT RIGHT? 22 23 A. Q. CORRECT. SO YOU NOTICE RANDY FANNIN AT THAT POINT; IS THAT

24 RIGHT? 25 26 A. Q. I NOTICED RANDY FANNIN AT THAT POINT. 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 8 9 Q. A. I DO RECOGNIZE THAT AS RANDY FANNIN. (FOR I.D. = GRAND JURY EXHIBIT 25) 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 18 A. Q. YES, IT IS. 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 22 A. Q. CORRECT. 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 3 4 Q. A. Q. OKAY. SO WE WERE ACTUALLY CLEARING THEM OUT AS WELL. OKAY. WHEN YOU SAY WE, WAS THERE SOMEBODY ELSE

5 WITH YOU? 6 7 8 9 10 A. Q. A. Q. A. SERGEANT MILLER. FROM SEAL BEACH POLICE DEPARTMENT? SEAL BEACH POLICE DEPARTMENT. SO WHEN YOU COME TO RANDY, WHAT DO YOU NOTICE? 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 18 19 20 Q. A. Q. A. DOES START MEAN SOMETHING, DO YOU KNOW? IT IS BASICALLY RAPID TRIAGE, RAPID TREATMENT. AND YOU DO THAT WHEN YOU WALK IN? 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. 2 THOSE ARE YOUR CHOICES. 3 SO A MINOR PERSON, SAY FOR INSTANCE, WOULD BE RIGHT. SO

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 16 Q. A. SO YOU CAN PRIORITIZE WHAT YOUR FOCUS IS? 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 26 A. Q. CORRECT. 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 4 Q. A. IN YOUR OPINION HE WAS DEAD? 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 8 NEXT? 9 A. AT THAT POINT I TOOK A QUICK VISUAL ASSESSMENT OF I NOTICED THAT Q. AFTER YOU ASSESSED RANDY FANNIN, WHAT DID YOU DO

10 THE ROOM TO SEE WHO ELSE WAS LAYING AROUND.

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. 17 Q. OKAY. I CAME ACROSS CHRISTY WILSON. 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 21 22 A. Q. A. YES, I DO. AND IT IS MARKED CHRISTY WILSON, CORRECT? 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 6 A. Q. YEAH, I AM VERY FAMILIAR WITH WEAPONS. 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 13 A. Q. CHRISTY WILSON, CORRECT. YOU INDICATED SHE WAS ACTUALLY SEATED IN THE

14 CHAIR? 15 16 17 Q. A. RIGHT. (FOR I.D. = GRAND JURY EXHIBIT 26) BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED

18 AS EXHIBIT NUMBER 26; CAN YOU SEE THAT, SIR? 19 20 21 22 A. Q. A. Q. YES. ONCE AGAIN, IS THAT AN ACCURATE DEPICTION? YES. AND THAT'S AFTER YOU ASSESSED HER THOUGH,

23 CORRECT? 24 25 A. Q. CORRECT. 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 3 A. Q. CORRECT. 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 10 A. Q. YES. NOW, WHEN YOU ARE ASSESSING CHRISTY, YOU

11 INDICATED THAT YOU OBSERVED GUNSHOT WOUNDS TO HER ARM AND TO 12 HER CHEST, CORRECT? 13 14 15 16 17 18 A. Q. A. Q. A. Q. UH-HUH. DID YOU CHECK FOR A PULSE WITH CHRISTY? I DID. AND DID YOU FIND A PULSE? NO, I DID NOT. ALL RIGHT. AND BASED ON YOUR TRAINING AND

19 EXPERIENCE, WHAT WAS YOUR CONCLUSION AS TO CHRISTY WILSON AT 20 THAT TIME? 21 22 23 TO? 24 A. THERE WAS A FEMALE VICTIM THAT WAS LYING NEXT TO A. Q. SHE IS A NON-VIABLE VICTIM, DEAD. OKAY. AND WHO WAS THE NEXT VICTIM THAT YOU CAME

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 I WENT DOWN AND CHECKED FOR A

3 AMOUNTS OF BLOOD AROUND HER.

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 8 A. Q. CORRECT, SIR. IS THAT AN ACCURATE GENERAL AREA OF WHERE YOU

9 FOUND MICHELLE FOURNIER? 10 11 A. Q. YES. THE PERSON THAT WAS DEAD AT THAT POINT, I WILL

12 SHOW YOU EXHIBIT NUMBER 2, DO YOU RECOGNIZE HER? 13 14 A. Q. YES. AND THAT THE MICHELLE FOURNIER YOU INDICATED YOU

15 FOUND DEAD ON THE FLOOR? 16 17 18 Q. A. YES. (FOR I.D. = GRAND JURY EXHIBIT 27) BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED

19 AS EXHIBIT NUMBER 27; YOU SEE THAT, SIR? 20 21 A. Q. YES, I DO. AND, ONCE AGAIN, IS THAT AN ACCURATE DEPICTION OF

22 THE SCENE AFTER YOU DID YOUR INITIAL ASSESSMENT? 23 24 A. Q. YES, IT IS. 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 4 A. Q. YES, SHE HAD WOUNDS CONSISTENT WITH A GUNSHOT. 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 10 11 12 13 14 Q. A. Q. A. Q. A. AND YOU CAN SEE TWO GUNSHOT WOUNDS, CORRECT? CORRECT. SHE WAS DEAD, RIGHT? RIGHT. NEXT VICTIM THAT YOU CAME TO? 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 20 21 22 23 TO? 24 25 A. Q. CORRECT. ON THAT SCHEMATIC OR DIAGRAM, IS THAT AN ACCURATE A. Q. A. Q. YES. YOU SEE IT MARKED THERE AS LUCIA KONDAS? LUCIA, THAT'S WHO IT WAS, YES. THAT'S THE NEXT VICTIM YOU TRIED TO RENDER AID

26 DEPICTION OF WHERE YOU CAME UPON LUCIA KONDAS?

88 1 2 A. Q. YES, IT IS. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT

3 NUMBER 5; YOU RECOGNIZE THAT, SIR? 4 5 6 7 A. Q. A. Q. YES, I DO. IS THAT LUCIA KONDAS? YES. THE PERSON THAT YOU TRIED TO ASSESS, OR DID

8 ASSESS? 9 10 11 Q. A. I ASSESSED HER, RIGHT. (FOR I.D. = GRAND JURY EXHIBIT 28) BY MR. SIMMONS: SHOWING YOU WHAT HAS BEEN MARKED

12 AS PEOPLE'S 28, OR EXHIBIT 28; YOU RECOGNIZE THAT, SIR? 13 14 15 A. Q. A. YES, I DO. AND IS THAT LUCIA KONDAS? 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 19 Q. (FOR I.D. = GRAND JURY EXHIBIT 29) BY MR. SIMMONS: SHOWING YOU EXHIBIT NUMBER 29, IS

20 THAT A PICTURE OF THE SIDE OF HER FACE, LUCIA KONDAS? 21 22 23 24 25 26 A. Q. A. Q. A. Q. YES, IT IS. NOW, DID YOU CHECK FOR A PULSE ON HER? I DID CHECK FOR A PULSE. THERE WAS NO PULSE? THERE WAS NO PULSE. WAS SHE BREATHING?

89 1 2 3 A. Q. A. NO. AFTER ASSESSING LUCIA KONDAS, WHAT DID YOU DO? 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. 7 WHERE VICTORIA BUZZO WAS LAYING. 8 Q. OKAY. DID YOU -- WAS VICTORIA BUZZO THE NEXT AND THEN I WENT OVER TO

9 PERSON YOU ASSESSED? 10 11 A. Q. NO, I ACTUALLY WENT TO MICHELLE FAST. AND ON THE DIAGRAM THERE, ONCE AGAIN EXHIBIT

12 NUMBER 19, YOU SEE THE WORDS MICHELLE FAST ON THAT DIAGRAM, 13 SIR? 14 15 A. Q. YES, SIR. AND IS THAT THE GENERAL LOCATION WHERE YOU

16 ASSESSED MICHELLE FAST? 17 18 A. Q. YES, IT IS. ALL RIGHT. NOW, SHOWING YOU WHAT HAS BEEN MARKED

19 AS EXHIBIT NUMBER 7; YOU RECOGNIZE HER, SIR? 20 21 22 23 A. Q. A. Q. YES, SIR. IS THAT MICHELLE FAST? YES. THAT'S THE PERSON THAT YOU TREATED AT THE SALON

24 THAT DAY, OR ASSESSED? 25 26 A. Q. YES, IT IS. 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 13 Q. A. OKAY. 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 23 24 A. Q. A. YES, SHE HAD A HEAD SHOT WOUND. AND WERE THERE COPIOUS AMOUNTS OF BLOOD? 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 7 8 A. CORRECT. AND THE ENTRANCE IS IN THE BACK. SO YOU HAVE THE ENTRY WOUND TO THE

MR. WAGNER: Q.

BY MR. SIMMONS:

9 BACK OF THE HEAD? 10 11 A. Q. RIGHT. 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 17 18 19 Q. A. Q. A. DID YOU NOTICE ANYTHING ABOUT HER PULSE? HER PULSE WAS RAPID BUT STABLE. WHAT DOES THAT MEAN? 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 24 25 A. Q. A. YES, IT DOES. WHAT DOES THAT MEAN? 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 I HAD THE OTHER E.M.T. STABILIZE HER

5 HER BREATHING AGAIN.

6 AIRWAY AND HOLD IT OPEN, SO SHE DIDN'T LOSE HER AIRWAY 7 AGAIN. 8 Q. AND THEN I WENT BACK OVER TO HARRIET. 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 13 14 15 A. Q. A. Q. HATTIE, I AM SORRY. STRETZ? YES. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT

16 NUMBER 9; YOU RECOGNIZE THAT INDIVIDUAL? 17 18 19 A. Q. A. YES, THAT'S HER. IS THAT HATTIE STRETZ? 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 SHE WAS ABLE TO TRACK WHAT I WAS DOING. AND SO

26 WERE OPEN.

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 7 8 Q. A. Q. LET ME STOP YOU IF I CAN. OH, SORRY. 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 AND THAT

11 HAD A WOUND CONSISTENT WITH A GUNSHOT TO HER ARM.

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 23 Q. A. IT WASN'T A GRAZING BLOW? 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 2 A. Q. MAJOR DAMAGE TO HER ARM. 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 11 12 13 14 A. Q. A. Q. A. OKAY. AFTER TREATING HATTIE, YOU MOVE ON TO VICTORIA? CORRECT. BUT AT SOME POINT IN TIME YOU GO BACK TO HATTIE? AS SOON AS I REALIZED VICTORIA WAS NOT VIABLE, I

15 WENT BACK TO HATTIE. 16 17 18 19 ARM? 20 21 A. Q. RIGHT. AND AT SOME POINT IN TIME DID YOU LEARN SHE HAD Q. A. Q. LET'S FOCUS ON HATTIE. OKAY. YOU REALIZE SHE HAS A MAJOR GUNSHOT WOUND TO HER

22 BEEN SHOT ANYWHERE ELSE? 23 24 25 26 A. Q. A. Q. IN THE CHEST. ONCE AGAIN YOU CAN TELL THAT WAS A GUNSHOT WOUND? GUNSHOT WOUND, RIGHT. AND ONCE AGAIN THAT IS NOT A GRAZING BLOW, THAT

95 1 IS PENETRATING? 2 3 4 A. Q. A. THAT IS A PENETRATING BLOW, CORRECT. ALL RIGHT. 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 9 A. Q. YES, SHE IS. 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 15 16 17 18 Q. A. Q. A. Q. SO MICHELLE FAST IS TAKEN FIRST TO THE HOSPITAL? CORRECT. AND THEN HATTIE STRETZ IS TAKEN AFTER THAT? SECOND, CORRECT. NOW, DID YOU HAVE AN OPPORTUNITY TO FOLLOW UP ON

19 MICHELLE FAST? 20 21 A. Q. YEAH. FOLLOW-UP MEANING DID MICHELLE FAST SURVIVE OR

22 PASS AWAY? 23 24 25 26 A. Q. A. Q. SHE PASSED AWAY. WHAT ABOUT HATTIE STRETZ? YEAH, SHE SURVIVED. 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. 5 6 Q. A. I WAS REALLY --

YOU ARE TALKING ABOUT HATTIE STRETZ? NO, MICHELLE FAST, I WAS REALLY SURPRISED THAT WHEN I HEARD SHE MADE IT TO

7 SHE MADE IT TO THE HOSPITAL.

8 THE EMERGENCY ROOM AND THEY STARTED TO DO SOME WORK, TO MY 9 EXPERIENCE WITH THAT TYPE OF WOUND I WAS SURPRISED. 10 11 Q. A. BECAUSE IT WAS A GUNSHOT WOUND TO THE HEAD? RIGHT, BECAUSE OF THAT, AND THE WAY SHE PRESENTED

12 ON THE SCENE. 13 14 Q. OKAY, FAIR ENOUGH. 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 18 19 20 A. Q. A. Q. CORRECT. DO YOU SEE ON EXHIBIT 19 THE NAME VICTORIA BUZZO? YES, I DO. IS THAT AN ACCURATE DEPICTION OF THE GENERAL AREA

21 VICTORIA BUZZO WAS WHEN YOU DID THE ASSESSMENT? 22 23 A. Q. YES, IT IS. SHOWING YOU WHAT HAS BEEN MARKED AS EXHIBIT

24 NUMBER 6; YOU SEE THAT? 25 26 A. Q. YES, I DO. AND IS THAT THE VICTORIA BUZZO THAT YOU ASSESSED

97 1 THAT YOU HAVE INDICATED ON OCTOBER 12TH, 2011? 2 3 4 Q. A. YES, IT IS. (FOR I.D. = GRAND JURY EXHIBIT 30) BY MR. SIMMONS: LET ME SHOW YOU WHAT HAS BEEN

5 MARKED AS EXHIBIT NUMBER 30; DO YOU RECOGNIZE THAT, SIR? 6 7 A. Q. YES, I DO. AND, ONCE AGAIN, IS THAT A PICTURE OF VICTORIA

8 BUZZO? 9 10 A. Q. YES, IT IS. THAT IS AFTER YOU HAD DONE YOUR ASSESSMENT,

11 CORRECT? 12 13 14 Q. A. AFTER I HAD DONE MY ASSESSMENT, CORRECT. (FOR I.D. = GRAND JURY EXHIBIT 31) BY MR. SIMMONS: AND, FINALLY, EXHIBIT NUMBER 31;

15 IS THAT ONCE AGAIN A PICTURE OF VICTORIA BUZZO? 16 17 A. Q. YES, IT IS. NOW, WHAT IF ANYTHING DID YOU NOTICE ABOUT

18 VICTORIA BUZZO? 19 A. JUST A COPIOUS AMOUNT OF BLOOD THAT SHE HAD YOU KNOW, WOUNDS THAT WERE PROBABLY CONSISTENT

20 AROUND HER.

21 WITH GUNSHOT. 22 23 Q. A. DID YOU NOTICE WHETHER SHE WAS BREATHING? 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 2 DOES THE GRAND JURY HAVE ANY QUESTIONS? THE GRAND JURY FOREPERSON: ARE THERE ANY QUESTIONS,

3 LADIES AND GENTLEMEN? 4 5 (AFFIRMATIVE RESPONSES). THE GRAND JURY SECRETARY: THESE WILL BE MARKED AS

6 EXHIBIT 36. 7 8 Q. (FOR I.D. = GRAND JURY EXHIBIT 36) 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 16 A. Q. CORRECT. BUT YOU GOT THERE BEFORE THE FIRE PERSONNEL,

17 CORRECT? 18 19 20 A. Q. A. CORRECT. AND DO YOU KNOW WHICH FIRE DEPARTMENT RESPONDED? ORANGE COUNTY FIRE, WELL, WHAT DO YOU MEAN BY

21 THAT, WHO GOT THERE FIRST? 22 23 24 25 Q. A. Q. A. WERE THERE MULTIPLE AGENCIES THAT RESPONDED? MULTIPLE AGENCIES RESPONDED. DO YOU KNOW WHO THEY WERE? ORANGE COUNTY FIRE AUTHORITY WAS THE FIRST ON AND THEN THE SECOND PERSON I SAW CAME IN

26 SCENE, STATION 44.

99 1 WAS FROM 48, ORANGE COUNTY FIRE AUTHORITY, PARAMEDIC. 2 3 Q. A. DIFFERENT STATION? 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 8 9 10 A. Q. A. Q. AS FAR AS? EMERGENCY PERSONNEL? OH, YES. 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 22 Q. A. OKAY. 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 2 3 4 5 6 A. CORRECT. THANK YOU, SIR.

MR. SIMMONS:

ANY OTHER QUESTIONS? THE GRAND JURY FOREPERSON: ANY QUESTIONS?

(NO AFFIRMATIVE RESPONSE.) THE GRAND JURY FOREPERSON: OKAY. THAT BEING SAID,

7 WOULD YOU PLEASE RISE. 8 9 THE WITNESS: (WITNESS COMPLIES). YOU ARE ADMONISHED NOT TO

THE GRAND JURY FOREPERSON:

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 19 20 DO YOU UNDERSTAND? THE WITNESS: I DO. THAT BEING SAID, THANK YOU

THE GRAND JURY FOREPERSON:

21 VERY MUCH FOR TESTIFYING, YOU ARE EXCUSED. 22 23 24 ROOM.) 25 THE GRAND JURY FOREPERSON: OKAY. I HAVE AN THE WITNESS: THANK YOU.

(WHEREUPON TODD DEVOE EXITED THE GRAND JURY

26 APPOINTMENT IN HALF AN HOUR, CAN WE RECONVENE AT 12:30?

101 1 2 3 4 MR. WAGNER: MR. SIMMONS: SURE. SURE. 1230.

THE GRAND JURY FOREPERSON:

LADIES AND GENTLEMEN, WE WILL STAND IN RECESS DURING THIS PERIOD OF RECESS YOU MUST NOT

5 UNTIL 12:30.

6 DISCUSS WITH ANYONE EITHER INSIDE OR OUTSIDE OF THIS HEARING 7 ROOM ANY SUBJECT CONNECTED WITH THIS HEARING. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (LUNCH TAKEN.)

102 1 2 3 4 5 JURY ROOM:) 6 THE GRAND JURY FOREPERSON: LADIES AND GENTLEMEN OF THE (THE FOLLOWING PROCEEDINGS WERE HELD IN THE GRAND SANTA ANA, CALIFORNIA - JANUARY 17, 2012 AFTERNOON SESSION

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 11 MR. DISTRICT ATTORNEY. MR. WAGNER: YES, THANK YOU, WE WILL CALL OUR NEXT I JUST WANT TO

12 WITNESS, IT WOULD BE DETECTIVE GARY KROGMAN.

13 BE SURE THAT WE ARE WORKING HERE WITH THE TECHNOLOGY. 14 15 ROOM.) 16 THE GRAND JURY FOREPERSON: PLEASE RAISE YOUR RIGHT (WHEREUPON GARY KROGMAN ENTERED THE GRAND JURY

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 24 THE WITNESS: GARY KROGMAN, K-R-O-G-M-A-N. THANK YOU, PLEASE BE

THE GRAND JURY FOREPERSON:

25 SEATED. 26 THE WITNESS: (WITNESS COMPLIES).

103 1 THE GRAND JURY FOREPERSON: AS YOU TESTIFY, WOULD YOU YOU WILL BE

2 SPEAK INTO THE MICROPHONE AND ADDRESS THE JURY.

3 ABLE TO SEE ON THAT COMPUTER SCREEN THE EXHIBITS THE 4 DISTRICT ATTORNEY IS PRESENTING. 5 6 THE WITNESS: YES. MR. DISTRICT ATTORNEY, THE

THE GRAND JURY FOREPERSON:

7 WITNESS IS YOURS. 8 9 10 Q. BY MR. WAGNER: MR. WAGNER: THANK YOU. EXAMINATION 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 15 16 A. Q. DO YOU UNDERSTAND THAT? YES. 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 20 21 A. Q. DO YOU UNDERSTAND THAT? YES. 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 26 A. DO YOU UNDERSTAND THAT? 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 7 8 9 10 Q. A. Q. A. Q. ARE YOU A SWORN PEACE OFFICER? YES. HOW LONG HAVE YOU BEEN A SWORN PEACE OFFICER? 25 AND A HALF YEARS. HOW LONG HAVE YOU BEEN WITH THE SEAL BEACH

11 POLICE? 12 13 A. Q. A LITTLE LESS THAN 25 YEARS. WERE YOU WORKING AS A DETECTIVE ON THE DAY OF

14 OCTOBER 12TH OF 2011? 15 16 A. Q. YES. 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 20 21 22 A. Q. A. Q. YES. WAS THAT AS A RESULT OF A SHOTS FIRED CALL? YES. ON THAT AFTERNOON DID YOU HAVE OCCASION TO ENTER

23 INTO THE BUSINESS CALLED SALON MERITAGE? 24 25 A. Q. YES, I DID. 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 4 A. Q. YES. DID YOU GO INTO THE INTERIOR OF THAT BUSINESS ON

5 THAT AFTERNOON? 6 7 A. Q. YES, I DID. 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 11 A. Q. YES, I DID. 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 19 A. Q. YES. 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 23 A. Q. YES. 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 2 Q. (FOR I.D. = GRAND JURY EXHIBIT 32) BY MR. WAGNER: THEN I WILL SHOW YOU A PHOTOGRAPH SHOWING YOU 32, CAN YOU

3 THAT HAS BEEN MARKED AS EXHIBIT 32. 4 TELL US WHAT YOU SEE THERE? 5 6 7 8 A. Q. A. Q.

THAT'S A PHOTOGRAPH OF LAURA ELODY. IS THAT HOW SHE WAS WHEN YOU SAW HER? YES. 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 13 A. Q. YES. ALL RIGHT. THE CONDITION OF LAURA ELODY WEBB IN

14 EXHIBIT 32, THAT'S THE CONDITION YOU SAW HER IN? 15 16 17 18 19 20 A. Q. A. Q. A. Q. YES, IT IS. WAS SHE DEAD? YES. WERE THERE APPARENT GUNSHOT WOUNDS TO HER BODY? YES. 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 4 A. Q. YES. AND WAS YOUR ATTENTION DIRECTED TOWARD A LAND

5 ROVER VEHICLE? 6 7 A. Q. YES, IT WAS. 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 15 16 A. Q. A. YES. HOW DO YOU RECOGNIZE HIM? 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 25 26 A. Q. A. YES, TO THE RIGHT SIDE OF THE HEAD. WHAT WAS HIS CONDITION WHEN YOU OBSERVED HIM? 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