P. 96
What EN told Det. Mogg:
" At that point he told me, "Okay. I'm going
to tell you what happened. I'll tell you the truth. You don't have to ask me all these questions. I'll tell you." And he began to relay that he had been threatened and so that's the reason why he had a handgun with him. He would later describe that handgun as a Ruger which is consistent with the information I had received previously. He also told me that he was up in the area of the park which is just to the east of his residence along Cherry River Drive, across the street to the west of Johnson Middle School. He said he was standing in the park and it was dark. He looked across the park and saw a green car in the parking lot of the school. And he told me that every time he would go left, the car would go left, he'd go right, the car would go right, and he felt that these were the people that were coming after him to get him. So at that point he said "I went back into the park and they just kind of stayed there and I came back out. They were still there." So he took his pistol out and he described for me, explained to me how he had racked the chamber, or the slide rather three times, and that he said that he even unloaded it when they would go away but then they would come right back so he thought for sure these were the people that were after him. He said that at that point he was supposed to meet up with a couple of girls whom he had placed a call into but then he called them again and canceled that because he didn't want them to be there if something were to go wrong. At that point he called two friends whom he refused to identify to me and asked them to come and assist him. At one point he said that he was actually waiting in the park and didn't want to get into one of his friends' vehicles until the green car had left the area. Eventually the green car leaves the area. He said he got into the vehicle with a friend of his whom he described as a white male. He was sitting, Nowsch was sitting in the front passenger seat, the other male was the driver, and he describes the car as a cream colored four door vehicle. He said they were sitting on the side of the street when all of a sudden the green car came around behind them again, and they pulled away, he said the green car started chasing them, described how they went down a street, and then he said at one point he was waving his pistol out the passenger window of the car that he was in up in the air and he couldn't believe that the car that was behind him didn't see that and stop and just go away. So he said we got down to the end of the road where the 1, 2, 3, 4, 5, 6 was, and that was the markings on the roadway from the cartridge casings and the cartridge that was recovered during the late evening, early morning hours of the 12th and 13th at Villa Monterey and Alta.
"Let me just stop you there, Detective Mogg. As he's describing these events to you, he ultimately describes in the first shooting event that he fires that .45 caliber weapon out the passenger window of the car he was in." "That's correct"
EN went to crime scene and looked at the evidence markers:
"He had actually, from the time of the actual time he pulled the trigger till the time you were sitting there interviewing him, he had gone back to that location, looked down on the street and had actually seen the circles and the different evidence tag numbers that crime scene analysts had painted on the street?
A. That's correct."
"I believe that he said he fired six times. I don't recall exactly the number that he said he fired. But he did describe firing multiple times from that location and he also told me, he says, I couldn't, "I don't believe I didn't hit them." At that point he said the car that was following him had stopped and actually backed up and he and the other male drove westbound on Alta towards Cimarron. He said as he was driving westbound with the other male, he says "No, this can't be happening, this can't be happening." And he describes how the car was coming, the green car the victim was in, was coming down the street. And based on my knowledge of the scene, the location of the victim's residence, the location of his residence where he would have been at approximately the time that the victim was driving westbound on Cherry River, basically paralleling him to try to get home, he would have seen that car coming down from Cherry River onto Carmel Peak probably prior to or just as it turned into the Mount Shasta cul-de-sac. He said they continued westbound and he said that he couldn't believe they were driving past his house. His house is further to the west on Cherry River than Carmel Peak. So they turned around and they came back and he said "I know a left turn, a shortcut to get to my house," something to that effect. They come back into the cul-de-sac on Mount Shasta where the victim was shot. He says as they pull into the cul-de-sac, again he's sitting in the passenger seat of the vehicle, their vehicle kind of turns sideways is how he draws it, he sees the victim's vehicle at the end of the cul-de-sac with the driver door open and he sees someone running whom he describes as a male with a beard from maybe the passenger side of the car toward the house. He believes at that point that this person is going to get, in his terms, more straps or guns and so he said that he also saw heads in the vehicle so he started shooting at the car and then he saw the person running toward the house and I believe his quote was, "I can't let this mother****er get away from me." So he started shooting at the person that was running also. At that point they left the area and he said he was dropped off by the driver of the vehicle."
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