(27:58)
M: So you say that you grabbed the gun from this area here, this is exhibit 70, at the top without disturbing anything, right?
A: that's correct
M: So then, what do you do?
A: Right as I'm reaching for it, or getting up on the shelf, he's opening up the door so I run out the other door and he follows me and I turn and point the gun
M: Well, let me stop you there. So what you're saying is you are able to get the gun before he opens the door, right?
A: No, it was contemporaneous
M: So he's opening the door and you're grabbing the gun.
A: Around that time yes, right around the same moment.
M: So if you're down here toward the end here which is near the door you agree with me that the gun was near the door, right?
A: Um, when I grabbed it, yes
M: Pardon
A: When I grabbed it, yes
M: No when it's s kept up here, this is near the door area isn't it?
A: Yes
M: And you're saying that that's the time that he's opening the door to get into the closet, right?
A: As I'm going for it yes
M: So you have at least 11 ½ to 12 foot head start at that point, don't you?
A: Um, yes
M: And with that head start which is the length of the closet, by the time he opened the door you could have been out this door couldn't you?
A: Yes
M: You chose to escalate didn't you even though you had that 12 foot head start didn't you.
A: No, I didn't chose to escalate it I was trying to deescalate it
M: and you chose to deescalate the situation by according to you getting a handgun, correct?
A: Yes
M: Just like this situation here in exhibit 443 you tried to deescalate the fight by telling him I'll whatever you in the nose, Travis , right?
A: Yes, except that was a joke
M: Yes, yes or no
A: Yes
M: So now that you've grabbed the gun take a look at exhibit number 72 you see the closet door there?That's the one you came out of, right?
A: Yes
M: Where do you go?
A: Into the bathroom
M: Pardon?
A: into the bathroom
M: This is the bathroom that we're looking at, right?
A: Yes
M: And so you go in there, where do you stand?
A: In the center
M: So this would be the center right about here, right?
A: I don't know, it's even further than that.
M: So you're even further away than this picture shows to the bathroom, right?
A: Um, I'm right about there
M: And you run in, into the bathroom, don't you?
A: Yes
M: And you're in a hurry, right?
A: yes
M: You want to get away right?
A: I want him to not get near to me.
M: Well, you want to get away, that's what's going on
A: I want him to not get near me, that's what's going on.
M: Right and so you're going quickly aren't you
A: Yes, it was frantic
M: You're not going leisurely, right?
A: Definitely not
M: And so when you get inside here you what run in here? Is that what you do.
A: I took a few steps and turned around
M: Alright. The few steps that you take are they quick running steps or are they just leisurely steps?
A: They are quick steps
M: Like running, right because you want to get away from the circumstance according to you, right?
A: Yes but the floor was wet and it was kind of slippery
M: But you had socks, right?
A: I don't remember
M: Well then let me help you refresh your memory. Take a look at exhibit 162 . See that photograph there?
A: Yes
M: You see that foot there?
A: Yes
M: That is your foot, right?
A: yes
M: There is some footwear on there, correct?
A: Yes
M: There is a sock, right?
A: Yes
M: Or are you saying it's a shoe, which one is it?
A: Its a black sock
M: So you run in here and you say it's wet, right?
A: Yes
M: But if anybody is more wet, it's him, right?
A: Yes
M: Because if you're talking about slipping, he's the one that's more apt to slip because he's the one that's wet, correct?
A: Yes
M: Not you because you are not wet, right?
A: That's right
M: and the socks provide better traction, don't they?
A: Yes
M: And so what you do then, is according to you is you then go in here and then you pivot or turn around?
A: Yes
M: Right?
A: That's correct
M: You run in here, you don't go that way, it's easier to run to the right, than it is to come to the center of the bathroom, isn't it?
A: Um, I don't know, I wasn't thinking of left or right or what just
M: It's closer to go to the right down the hallway than it is to come into this area of the bathroom, isn't it?
A: I would say it's equal distance
M: Alright, it's equal distance in this area that you go to. Then you turn around, right? Which takes some time
A: Um, yeah, half a second
M: It does take some time to pivot doesn't it?
A: nods
M: You have the gun which hand do you have the gun in?
A: both
M: So you have it out like this with both hands outstretched?
A: Yes
M: Correct?
A: Yes
M: He's still not there yet, right? He's still in the closet.
A: He's coming out the door as I turn
M: So he's at the door now, right?
A: nods
M: How far away are you from the door?
A: um, I don't know, I'm somewhere in the middle of the bathroom
M: You're in the middle of the bathroom and he's standing at the door?
A: He's not standing, he's running toward me.
M: So he's running very fast, right?
A: yes
M: Almost without giving you a time to react, right? That's the way you described it, right?
A: I don't know he was just running at me as a turned around
M: Right and he was really close at the time you turned around, right?
A: I don't know he was coming at me.
M: I understand he was coming after, I'm talking about how close he was, he was close, right?
A: He was, um closer than I wanted him to be at that moment but I don't know what you mean by close.
M: Well how close is he being closer than you wanted him to be, how close it that.
A: I don't know, I just didn't want him
M: I understand you didn't want him near you but how close is he to you, is he as close as you and the court reporter?
N: Objection ,argumentative
J: Overruled
A: At one point, yes, but that distance was closed.
M: Okay and that distance was close after, or the distance was close than then you shot him, in other words, he got closer before you shot him, right?
A: Um, I think it was all simultaneous
M: You think what?
A: I think it was simultaneous
M: You don't have any problem remembering this part of it the event, do you?
A: When you break it down that much, yes
M: I'm not, it's something according to you, you said on direct examination, I've never killed anyone before, remember that?
A: Yes, I remember
M: So, it's kinda a highlight in your life, would you agree, or a low-light, however you want to look at it?
A: A defining moment
M: Right, and as a defining moment to use your term is something that will stick with you , won't it?
A: Yes
M: And so I'm asking about a defining moment in your life, how far away this individual was when you had the gun out? The gun that you brought from Yreka, didn't you?
N: Objection, mischaracterizes her testimony, it's a cop out question
J: Restate the question
M: You brought the gun from Yreka, didn't you?
A: No
M: So, how far away was he?
A: He was running toward me so the distance varied.
M: Well he couldn't have been running toward you for very long because if he's here and the breech of the door and you're right here, that's within four feet isn't it?
A: I guess, I don't know how long it was.
M: Well, maybe if we take a look at the measurements here, it will tell us a little bit, okay? You see that the door is 33 inches, right?
A: Yes
M: And that's where he was standing, right?
A: He was never just standing, he was in motion
M: That's where you saw him in the breech way when you saw him coming at you, according to you, correct?
A: That's correct
M: And the distance from here to here, the door, 36 inches, see that?
A: No, where?
M: right here, so that's three feet right?
A: Um yes
M: And if you just take that out and you stand right there, isn't that about where you told me you were?
A: No, I didn't say that I was more in the center of the bathroom
M: What
A: It was more toward the center
M: It was in the center can you see how far this was here? Six and three feet, that's nine feet, right?
A: Yes but that's not accurate
M: So you're saying whoever measured this, didn't measure it accurately?
A: No, not the measurements
N: Objection,
.correlate to where she was, he's talking apples and oranges
M: Objection to the speaking of ...nature of the objection
J: I'm going to overrule you're objection. Restate your question
J:
M: The distance from here to here you told us is three feet, right?
A: Yes
M: The distance from here to here is about 9 feet, right?
A: Um
N: Objection foundation, she didn't do these measurements
J: Sustained
M: This says three feet, right?
A: Yes
M: This says 36 inches, right?
A: Yes
M: So that's nine feet total, right?
A: Yes
M: And you were standing you said about the middle of this room, right about here
A: Right around there somewhere
M: Right about the middle, right?
A: Yes
M: And if you take it across that says 6 here, right?
A: That looks about to scale
M: Pardon
A: That looks about to scale
N: Objection the measurement is not where he's asking her, the measurement is where she's standing.
(41:22)
M: So you said you were right here, correct?
A: Right about there
M: And he's coming through the door right?
A: Yes
M: And you have your hands outstretched with the gun, right?
A: yes
M: So then in determining how close he is that brings you about the length of your arms, that brings him that much closer to the muzzle of the weapon, doesn't it?
A: Yes
M: And he's moving fast isn't he?
A: Yeah, he's moving very fast
M: You said it happened very very quickly, right?
A: Yes,
M: He's not wearing any clothing, correct?
A: Yes
M: According to you, he is on you when you shot him, right?
A: Not quite on me, the gun went off and then he impacted me shortly after that.
M: What I'm asking ma'am is you have your hands outstretched, right?
A: Yes
M: And he's coming toward you, because you've already told us you're here, correct?
A: Right about there.
M: And he is coming to the door, right?
A: Yes
M: And you have your hands outstretched facing him didn't you?
A: yes
M: And he keeps coming toward you and he's not stopping, correct?
A: Yes
M: And according to your testimony on direct, he falls on top of you , right?
A: he lunges at me like a linebacker
M: He lunges at you and that's when the gun goes off, right?
A: It went off prior to him
M: Prior to him lunging at you?
A: No, prior to him impacting me
M: so in other words, he's lunging out you and is almost on you when according to you, the weapon goes off, right?
A: Um, something like that. He went to lunge as the gun was going off and the impact
M: So he's already moving in the air towards you when the gun goes off? Is that what you're saying?
A: Yes he was moving for my waist
M: And he comes towards you, right?
A: yes
M: And you keep saying like a linebacker, what does that mean?
A: Cuz linebackers kind of get down low and crouch and then they attack, or whatever they do and that's kind of what it reminded me of. He didn't get down with his hand on the ground but he got down low and he impacted my torso like
M: No no I'm not asking where he impacted your torso. I want to know how he was standing so that it reminds you of a linebacker stance.
A: because it reminded me of a linebacker the way he
M: I understand it reminded you of a linebacker,
N: Can she finish answering the question?
J: Yes finish your
A: When he lunged at me he crouched down like a linebacker kind of. That's why I say that because that's what it reminded me of.
M: I understand that's what it reminded you of, how does a linebacker crouch ma'am, explain that to me. You just keep defining a linebacker crouching by saying he crouches like a linebacker. How?
A: He got down kind of low
M: Okay does that mean he was all the way down on the ground, is that what you're saying?
A: It's almost like he dove, kind of like that.
M: So, he dove at you and got very close, correct?
A: Um, yeah, he was pretty close, to close for my comfort
M: and as he's diving towards you, that's when the gun goes off, right?
A: I think so, yes
M: Well no,
A: It was contemporaneous, it all happened so fast
M: And you do have your hands outstretched, right?
A: yes
M: And from then on you say you don't remember anything ,right?
A: No, I remember a little bit after that.
M: Okay what happened to the gun?
A: It got knocked out of my hand
M: How did it get knocked out of your hand, ma'am?
A: The impact
M: The impact from what
A: From Travis hitting me
M: So he actually fell on top of you, he was that close but he fell on top of you, right?
A: Um we both fell together, I was trying to keep him from getting on top of me,he lunged at me and he hit me and knocked the gun out of my hand and we both fell backward toward the trash can.
M: I don't understand. You said you said that you're out here with the gun outstretched and he's lunging toward you, right?
A: that's correct.
M: And he's looking toward you when he's lunging
A: Um, I don't know where he's looking
N: objection
J: Overruled
A: I don't know where he's looking
M: You could see his face, right?
A: I don't recall looking in his eyes,
M: I'm not asking you if you could see his eyes, I'm asking if you could see his face
A: Um, not really, like he was kind of bent down
M: So what you're saying is that he is more like a bull rather than a linebacker, because he's charging like a bull with his head down, that's what you're saying ,right?
A: Not quite down like that ,maybe in between that would be accurate
M: Okay so maybe in between here. If he's got his head down as you tell us that he does and you say you can't see his face, though, that's what you say, right?
A: No, I just don't remember whether I noticed his face or not, he was just a ball of fury coming at me and that's what I remember
M: But you said you could see his eyes, is that what you remember?
A: I don't remember seeing his eyes
M: That means you didn't see his eyes, right?
A: I don't remember looking into his eyes
M: So if he's down in this position like you're talking about with his head down like that, how could he possibly know to come after you if he's looking down? What's he going to do feel his way around?
N: Objection speculation
J: Sustained
M: He had his head down, that's what you said, right?
A: He was like a linebacker, I can just describe it like a linebacker which unless I get up and act it out which I'd like to not do if possible
J: Then do it, show us how he was sitting or crouching
A: He
M: no, no go ahead and do it, just stand
N: Your honor, may we approach
J: You may