EXHIBIT 1

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

STATE OF ARIZONA,

Plaintiff,

vs.

PHILIP M. BRAILSFORD,

Defendant.

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CR 2016-004743-001

Phoenix, Arizona

November 2, 2017

10:30 a.m.

BEFORE THE HONORABLE GEORGE H. FOSTER, JR.,

SUPERIOR COURT JUDGE

REPORTER'S TRANSCRIPT OF PROCEEDINGS

MONIQUE PORTILLO'S TESTIMONY

EXCERPT

ORIGINAL

REPORTED BY:

DALIA AMBRIZ, CR, RPR

Certified Court Reporter #50899

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A P P E A R A N C E S

FOR THE STATE:

BY: MS. SUSIE CHARBEL,

Deputy County Attorney

FOR THE DEFENDANT:

BY: MR. MICHAEL L. PICCARRETA,

Attorney for the Defendant

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INDEX

WITNESS PAGE

MONIQUE PORTILLO

Direct Examination by Ms. Charbel 4

Cross-Examination by Mr. Piccarreta 97

Redirect Examination by Ms. Charbel 118

Examination by the Court (Juror Qs) 125

Follow-up examination by Ms. Charbel 127

Follow-up examination by Mr. Piccarreta 127

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P R O C E E D I N G S

(Whereupon, the following proceedings

commenced in open court:)

THE COURT: All right. This is the time

set for the continuation of the trial in the matter of

State of Arizona v. Philip Brailsford, CR

2016-004743-001. The Court notes the presence of the

prosecution and the defense, the defendant, the victims

and their counsel and the presence of the jury. And so

we'll continue with the State's case.

Ms. Charbel, you can call your next witness.

MS. CHARBEL: Thank you, Your Honor. The

State calls Monique Portillo.

THE CLERK: Would you raise your right

hand, please.

(The oath was thereupon duly administered

to the witness by the clerk.)

MONIQUE PORTILLO,

called as a witness herein, having been first duly sworn,

was examined and testified as follows:

DIRECT EXAMINATION

BY MS. CHARBEL:

Q. Morning, ma'am.

A. Good morning.

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Q. Would you introduce yourself to the jury and

spell your first and last name.

A. Monique Portillo, M-O-N-I-Q-U-E P-O-R-T-I-L-L-O.

Q. How old are you, ma'am?

A. Thirty-five.

Q. What do you do for a living?

A. Nothing right now. I resigned, actually, from my

job.

Q. You resigned from your job recently?

A. Yes.

Q. Is that a yes? Okay.

Where do you live?

A. Albuquerque, New Mexico.

Q. And before -- you said you had a job that you

just gave up. What were you doing? What was the job?

A. I was an assistant manager for Dollar General.

Q. Okay. And how long were you doing that?

A. About three months now.

Q. Three months?

A. Um-hmm. Well, before, I was the store manager.

Q. Okay.

A. But I had moved out of Silver and moved to

Albuquerque, and then I had stepped down to be

assistant manager.

Q. All right. And Silver is what?

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A. Silver City, New Mexico.

Q. Okay. So you used to live -- used to live there?

A. Yes.

Q. Okay. All right.

Let me take you back to January of 2016.

A. Okay.

Q. Just that month.

Were you working for Dollar General at that time?

A. Yes.

Q. What were you doing for them?

A. I was the store manager. I was going -- at that

time, when all that happened, I was going to a week of

school to become a store manager. We have to pass a

course and then get a certificate to actually be a store

manager for them.

Q. All right. So in 2016 -- that beginning of 2016,

you were already working for the Dollar General, but

where were you working? What city?

A. Silver City, New Mexico.

Q. Okay. And had you been working there for a long

time, or was it a new job?

A. I was working there since June of 2014.

Q. Okay. So in January, around that January 18th,

2016, when this happened, you had been sent by them to --

to Mesa, Arizona, for a training?

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A. Yes.

Q. And it was an entire week of training?

A. Yes.

Q. On January 18th, 2016, the day this happened --

do you recall what day of the week that was?

A. I don't.

Q. All right. Were you flown in on a weekend or on

a weekday?

A. I want to say a weekday.

Q. Okay. Was the training supposed to be Monday

through Friday?

A. Yes.

Q. Okay.

A. So it's probably a Monday.

Q. All right. Was it the first day that you were

there?

A. I want to say yes.

Q. Okay. So we're on January the 18th, 2016. And

you've already told us why you were there. And you

believe it might be the first day and night, correct?

A. Yes.

Q. Okay.

A. Actually, I don't recall because it was pretty --

it was just a pretty intense day that day.

Q. Okay. All right.

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Do you think it's possible you spent one night in

the hotel before this all happened?

A. No.

Q. Okay. Do you recall what time you arrived to

start the training on that day?

A. Yes. I remember going to training. And then

with -- all of -- all of us -- like my peers and stuff,

we went to dinner and everything. And afterwards that's

when all that happened.

Q. Okay. So do you remember what time the training

was: from what hour to what hour?

A. I believe it was probably like form 8:00 to 6:00.

Q. Okay. Pretty long day then for you guys?

A. Um-hmm.

Q. How many of you were there altogether?

A. In training?

Q. Yes.

A. Probably like 20.

Q. Okay. And what about your group that went and

did something that day?

A. Just me and Nuñez. It was just like us two,

yeah.

Q. What's his first name?

A. Luis.

Q. So you and Luis Nuñez went to dinner that

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evening?

A. Yes. With the rest of them, though, like we all

met after class.

Q. Okay. So everybody met at the restaurant or

where?

A. At the restaurant.

Q. Okay. So all of you met up at a restaurant. And

you had dinner together?

A. Yes.

Q. And you think there was about 20 people, or were

there less?

A. No. There was less. Like half of them showed up

and half of them didn't.

Q. All right. Do you remember where you went?

A. Olive Garden.

Q. And had you been to Mesa before?

A. No.

Q. Did you have a vehicle? How did you get there?

A. It was a rental car with Dollar General.

Q. Okay. So did you have any drinks while you were

eating dinner?

A. Yeah. I had a glass.

Q. A glass of what? Do you remember?

A. I don't remember. I don't recall.

Q. All right. By glass I assume you mean alcohol of

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some sort?

A. Yes.

Q. Okay. So do you recall about what time you -- or

what you did next, I guess, after you got out of the

restaurant?

A. We toured like Phoenix, and then we just went

back to our room after we got like pizza and wings. And

we just went back, and that's where I met this gentleman

that we're talking about, you know.

Q. Okay. We haven't gotten to there yet.

A. Um-hmm.

Q. Is that a yes?

A. Yes.

Q. All right. And everything you say is being taken

by the court reporter, so you need to be able to say yes

and no and not uh-huh and uh-uh and those things.

A. Okay.

Q. I know we talk like that a lot, but we ask you to

kind of keep that in mind.

All right. So you were finished with dinner?

A. Yes.

Q. And then you had -- did somebody drive to take

you all on a tour, or was it a tour company that took

you?

A. No. It was just me and Luis.

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Q. So you and Luis Nuñez took a vehicle and drove

around --

A. Yes.

Q. -- Mesa, Phoenix?

A. Um-hmm. Stopped at a couple of -- couple of

places and, you know, took pictures. And then we went

back in the car, and then we went to go get some wings

and a slice of pizza. Then we went back to our room.

Q. Okay. So you took a couple of photos, and then

picked up food. And did you have any more to drink

before you got back to the hotel?

A. No.

Q. What room were you staying in at the time?

A. I don't recall, but I remember it being in the

500s.

Q. Okay. So on the fifth floor? Would that be

accurate?

A. Yes.

Q. And what about Mr. Nuñez? Was he staying on the

same floor?

A. Yes.

Q. Was his room closer to you, by any chance?

A. Probably like a room away from my room.

Q. Oh, one room separating you?

A. Um-hmm.

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Q. Is that a yes?

A. Yes.

Q. Okay. So you think it was on the same side as

your room?

A. Yes.

Q. Do you know if your room and his were on the same

side as Mr. Shaver's room?

A. No.

Q. It was on the opposite side?

A. Yes.

Q. Okay. And each of you had your own room, as you

just said?

A. Yes.

Q. Do you know about what time you got back to the

rooms?

A. I don't recall.

Q. Did anything happen downstairs in the lobby of

any interest?

A. No.

Q. So the two of you -- how did you get up to your

room: Did you use the stairs or the elevator?

A. We used the elevator.

Q. And what happened, if anything, when you got in

the elevator?

A. Just gibberish. Just talking and laughing and

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saying what we were going to do tomorrow. And then the

elevator doors opened, and we walked out.

Q. So was it just you and Mr. Nuñez in the elevator?

A. Yes.

Q. So you rode the elevator to the fifth floor, and

then you got out. And then what?

A. Then we see Daniel standing right there.

Q. Where?

A. Outside of his room.

Q. Okay. Do you know what he was doing, or --

A. It seemed like he was waiting for other --

another party.

Q. Okay.

A. Like he seemed kind of happy, because he had

like -- I -- I want to say it was his controller plus

his -- his bottle of Bacardi that he had.

Q. Okay. What kind of controller?

A. Like a -- like for a PlayStation or -- or Xbox or

something.

Q. All right. So he had -- in one hand he had a

controller for some kind of video console --

A. Um-hmm.

Q. -- a game system?

A. Yes.

Q. And in the other one, he had a bottle of Bacardi?

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A. Yes.

Q. Which is the rum, correct?

A. Yes. Yes. Sorry.

Q. It's all right. Are you a little bit nervous?

A. I'm very nervous.

Q. There's water right there (indicating), if you

need it, if that helps you.

So could you tell if that bottle had anything in

it? Was it empty, full, partly full?

A. No. It was very -- like I -- I just looked at my

surroundings. I didn't really pay attention to all of

that. I just know what I seen.

Q. Okay.

A. And then just went -- went about it.

Q. All right. So how close was that elevator to

Daniel's room?

A. Maybe like a couple of feet. Maybe three or

four. Maybe three-to-five feet away.

Q. Okay. So was he about as close as you are to

this podium and me, at this point? Or closer?

A. Maybe a little -- maybe a little further

(indicating). But, yeah, it was enough where I can see

him.

Q. Okay. Was his door open or was it closed?

A. It was open.

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Q. Was it wide open or half open?

A. I want to say it was wide open, because I

remember seeing the TV like -- like coming out of his

room, like it was on or something.

Q. Okay. Did you see anything of concern in that

room at that time?

A. No. Because I hadn't walked in yet.

Q. Okay.

A. We were -- we just had came out of the elevator,

and that's when he seemed like he was waiting for another

party.

Q. Okay. And so you said he was smiling or he

looked happy or what have you?

A. Yeah. He was like happy.

Q. All right. And so did he say anything to you

about inviting you in or anything of that nature?

A. Well, Nuñez was just like, Hey. And he was like,

Oh, hey. Like he -- he didn't want -- he didn't want to

be rude, but he was like, Oh, is that a shot for us? or

something like that. Like he was just trying to make

small talk. And he was like, Yeah, if you'd like. I can

pour you guys a shot. Come in.

Q. Okay. So Mr. --

A. He was very nice.

Q. Mr. Nuñez is the one who said, Is that drink for

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us?

A. Yes.

Q. Okay. And so then Daniel invited you both to

come in?

A. Um-hmm. Yes.

Q. Okay. All right.

And did you go ahead and go in at the time?

A. Yes.

Q. So who walked in first? Do you remember?

A. Luis.

Q. So Luis walked in. And then did Daniel walk in

behind him, or did you walk in next?

A. No. Daniel walked in first. Luis walked in and

then I walked in.

Q. Okay. Oh, I'm sorry. All right.

Did he have to open the door some more, or it was

wide open?

A. No. It was open.

Q. All right. So Daniel walked in first and then

Luis and then you, correct?

A. Yes.

Q. All right. Do you know if anybody closed the

door?

A. I don't remember it being closed. I -- I also

remember Luis coming in and out of the room. But when he

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would go in and out, the door stopper was right there.

You know, like for the hotel door, so it wouldn't close

all the way.

Q. Okay. And by -- and correct me if I'm wrong on

this -- but by the stoppers, do you mean the little lock

that you can use to actually prop a door open? Like the

one that you move?

A. It's like that bar that you put --

Q. Okay.

A. Yeah -- so the door doesn't close all the way.

Q. Okay. And is that how you believe Mr. Nuñez was

able to come in and out of the room?

A. Yes.

Q. Okay.

A. Because after I came in, I don't remember if the

door was closed or it stayed open. I just immediately

got on my phone and didn't want to be a part of that

small talk.

Q. Okay. So the men walked in one behind the other,

correct?

A. Um-hmm.

Q. Is that a yes?

A. Yes.

Q. Okay.

A. Sorry.

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Q. Where did they go in the room?

A. They just started talking, put their stuff down,

you know, and just started talking. There was like a

big -- it looked like an instrument case.

Q. Well, let me ask you this: Where did they go?

Did they sit down? Did they stand up?

A. We were all standing.

Q. Okay. So all three of you were standing in the

room?

A. Yes. Before I sat down, yes.

Q. Okay. And so what happened with the drinks? Did

you make drinks? Did someone offer a drink?

A. There wasn't enough for all of us to take a shot,

so I poured enough for them. I didn't take the shot

because there wasn't enough, so I don't remember if they

took them or not.

Q. Okay. So you don't remember?

A. No. I just poured them. And there wasn't

enough, so I didn't -- I wasn't a part of that.

Q. And you say you don't know if they drank or not?

A. I don't remember them drinking the shots. I

remember I poured them, and we were just talking and

getting caught up in the conversation.

Q. Okay.

A. I don't remember if they took the shots,

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actually.

Q. All right. So were there glasses already there

to put shots in, or --

A. Yeah. Um-hmm. Sorry. Yes.

Q. All right. So you didn't have to go anywhere to

get glasses or anything?

A. No.

Q. Okay. And you said the three of you were

standing around in the middle of the room, I guess?

A. Yeah, yeah. It was like by the table by the --

yeah. We were just like standing. And then before we

got comfortable to sitting, you know, because we were

chatting and stuff. We were just getting to know each

other.

Q. All right. Did you say you got immediately on

the phone?

A. Yeah. But not like talking. I was just -- I

didn't want to be a part of their conversation, so I just

got on my phone and started looking at my pictures and

stuff like that, seeing if my husband called.

Q. Okay. Do you know what they were talking about

in general?

A. Guns. They were like -- because they had asked

about if they played an instrument or if anybody that was

there played an instrument, because there was other bags

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there. I mean, it didn't seem like he was alone.

Q. Okay.

A. So I assumed that he was with another party as

well, because there was a big instrument-looking case.

Q. Okay. What kind of instrument?

A. I don't know. It just looked like an instrument

case, so I asked if he played an instrument. And he

said, No.

Q. You mean a musical instrument?

A. Yes.

Q. Okay. Because it looked like a -- something -- a

case you would put a musical instrument in?

A. Correct.

Q. And so you asked Daniel then if he played an

instrument, and he said, No?

A. Yes.

Q. So did anyone ask to see what was in there, or

did Daniel say --

A. He just opened it.

Q. After you asked?

A. Um-hmm. Yes.

Q. Okay. So he walked up to it, and he asked -- he

opened it after you asked if there was an instrument.

Where was it? Where was the case?

A. It was like in between. It was in front of the

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bathroom door, so it was like laying like by the table.

It was just pretty -- it was a pretty -- pretty big case,

so it took up a lot of the room (indicating).

Q. All right. So was it on --

A. I had to step over it.

Q. Oh, okay.

Was it on the floor then?

A. Yes.

Q. And you had to step over it to even go inside the

room?

A. Like to go further in the room, yeah.

Q. Okay. So it was close to the door?

A. Yes.

Q. And when he opened it, what did he take out of

it?

A. It was a gun.

Q. A gun. Like a little handgun?

A. No. Like as big as the case, so it was like a

pretty big gun. But he also said it was a pellet gun.

Q. Okay.

A. It wasn't a real weapon or -- it looked like a

real weapon, but it was -- it wasn't a gun -- a loaded

weapon.

Q. Can you describe to us what it looked like?

A. It had a scope on it. It was -- it was pretty

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big. It was long. It looked like a hunting gun --

Q. Okay.

A. -- I would say (indicating).

Q. All right. So did it have -- did it have some

wood on it or something that looked like the color of

wood?

A. I don't recall.

Q. Okay.

A. I just remember it being dark. It was like a

dark color.

Q. A dark-colored rifle, basically?

A. Yes.

Q. Like a hunting rifle?

A. Um-hmm.

Q. Is that a yes?

A. Yes. Sorry.

Q. All right. So now he took it out and said it was

a pellet gun, correct?

A. Yes.

Q. And did he say it was not loaded or it was?

A. I don't recall.

Q. Okay. And so when he picked it up, what did he

do with it?

A. He was just showing Luis the different scopes on

it, you know. Like just showing him how far you can see

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from it and what it does. And I don't know. It was just

a lot of men talk about guns.

Q. But not anything of interest to you then?

A. No.

Q. So were they still standing when they were doing

this?

A. Yes.

Q. Okay. So were they still standing in

approximately the same spot?

A. No. I mean, we were -- they were moving around,

talking, laughing. Like -- you know, like -- I don't

know. They were just getting to know each other. And

Luis wanted to hold it too and look at it. Like they

were all -- all over it.

Q. Okay. Were they passing it back and forth kind

of thing?

A. Yes.

Q. Okay. And you said Luis was manipulating a

little bit the scope, correct?

A. Yes.

Q. All right. To see how far you could see through

it, et cetera?

A. Yes.

Q. And so what did they do next with regards to the

weapon?

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A. I noticed, when I was looking at my phone,

looking at them, that it was close to the window. I

mean, there was still a lot of people outside, you know.

And I can hear like people in the pool.

So I looked at my surroundings knowing that, Hey,

this doesn't look right. There's a gun pointing outside

the window -- well, not outside the window, but towards

the window. And there's people downstairs.

So I was like, Hey, you guys, you know, like

don't be so close to the window. You know, people might

get the wrong idea or something, you know, and --

Q. Let me stop you right there. We're going to have

to go back and break this thing up a little bit.

So were they further away from the window when

they first had the weapon and they got closer to it, or

were they already close to the window?

A. I want to say they were like kind of already

close to the window.

Q. Did the window have drapes or blinds or both? Do

you remember?

A. Both.

Q. All right.

A. Well, it didn't have blinds.

Q. Just drapes?

A. Um-hmm. Yes. And a screen.

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Q. All right. But did the drapes have -- were they

those blackout drapes where there's white drapes and then

darker drapes on top, or was it just one set of drapes?

A. There was two sets.

Q. Okay. Did you have a similar room?

A. Yes.

Q. So when you walked into Daniel's room and you

looked around, you thought -- did you think to yourself,

This looks like -- just like my room: same setup, the

same things are in there?

A. Mine was a little different.

Q. Okay. How?

A. Like I had more closet space.

Q. But as far as having a bed and then, you know, a

little table, if there was one, the same kind of drapes

and windows -- was that all the same?

A. Yes.

Q. So now were his curtains and drapes, however you

want to call them -- were they open or were they closed?

A. They were opened.

Q. All right. Were they open all the way, half way

or less than half?

A. I want to say less than half.

Q. Okay. So could you see about half of the window?

A. Yes.

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Q. All right. And was the window itself open?

A. No.

Q. Okay.

A. I want to say no.

Q. All right.

A. I don't remember it being open. I remember the

drapes being open.

Q. Okay. So your recollection is that the glass

part of the window was never open, correct?

A. I don't recall.

Q. All right. You said there was a -- there was a

screen, however, on that window, correct?

A. Yes.

Q. All right. Do you ever recall feeling any kind

of wind or air or anything coming through, where the

window could have been cracked opened, or anything like

that?

A. I don't recall.

Q. How close were you to the window compared to

where they were? Were they closer?

A. They were closer.

Q. And would you be -- would it be fair to say that

you were --

A. Because they got up and moved around, and then I

sat on the bed.

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Q. Oh, okay.

A. Like right -- yeah. And then they were more

closer to the window, because I was trying to get him to

be like, Okay, let's go, let's hurry up.

Q. You were trying to get Mr. Nuñez to notice you

and leave?

A. Yeah. Yeah.

Q. All right. So how did --

A. Without being rude.

Q. I'm sorry.

A. Without being rude.

Q. Without being rude.

Okay. So now you see the two men with the rifle

walking closer -- or getting closer to the window,

correct?

A. Um-hmm. Yes.

Q. Do you know why they were walking up there? Did

they say anything that you heard?

A. They were just testing out the scopes. Yeah.

Like they were trying to see how far they can see from

the scope, I guess.

Q. All right. And so you went ahead and found

yourself a spot on the bed -- on one of the beds,

correct?

A. Yeah.

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Q. All right. There were two beds in that room?

A. Yes.

Q. Okay. So were the beds close to the window?

A. One was but not as close.

Q. Okay.

A. It was more in the middle of the room.

Q. Which bed did you sit on: the one closest to the

window or further?

A. The one closer to the window -- where they were

closest to, yeah.

Q. Okay. So were you able to hear some of what

they're saying and see what they were doing?

A. Yes.

Q. So as they're walking up, they're at the window.

What do you see them do with the rifle -- either one of

them?

A. They were -- they both had their hands on it,

you know, like they were just passing it. Like he was

showing him. It was like a toy to them. You know what I

mean? Like they were just looking at it and stuff.

And that's when I had told them that it didn't

look right. And so I did grab the curtain, and I did

move Luis's -- like the -- he was holding the gun. And I

like moved it away from the window kind of with the

curtain. And I was like, No, like put it down. Like if

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you're going to look at it, look at it not pointing

outside the window.

Q. All right. So your recollection is that Luis had

the window pointed towards -- I mean, the rifle pointing

towards the window?

A. Yes.

Q. Was the tip of the rifle touching the window?

A. It could have but I don't think it did.

Q. We're just talking about Luis for right now.

Did Luis put the rifle on his shoulder at any

time?

A. Yes.

Q. And did he look through the scope?

A. Yes.

Q. All right. Did he manipulate the scope at all to

see how far or how close you can get?

A. I don't recall.

Q. Okay. And so you definitely remember Mr. Nuñez

pointing that gun or at least looking through it as it's

pointing straightforward?

A. Yes.

MR. PICCARRETA: Excuse me, Your Honor.

Leading.

THE COURT: I'll allow it.

Go ahead.

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BY MS. CHARBEL:

Q. And then you said you saw him point it, but did

you ever see him point it down? Or was it just up or

straightforward? How was it?

A. It was just straight forward.

Q. Okay. And after that, what happened?

A. After that, like he -- his phone kept going off.

So he like answered it, and he had to take the phone

call.

Q. Okay. This was during -- this was when he was --

he and Daniel were at the window kind of passing the

rifle back and forth?

A. Yes.

Q. All right. So did Daniel also point the gun out

the window that way?

A. They were looking at it, yes.

Q. Okay.

A. They were both looking at it the same way Luis

was looking at it.

Q. All right. So then Daniel went ahead and put

that rifle -- it's called the stock, the end of it there.

Did he put that on his shoulder too?

A. Yes.

Q. And did he look -- did he look through the scope?

A. Yes. Because he was showing him.

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Q. Okay. So which one do you think -- do you

believe handled it first at the window?

A. Of course, Daniel.

Q. Okay.

A. It was his gun.

Q. Right.

So he pointed it first, and then he showed

Mr. Nuñez how to do that?

A. Yes.

Q. Okay. And when Daniel had it, was he pointing it

level, up or down?

A. It was -- I want to say it was both. Like he

would -- just did it -- you know, everybody in there was

kind of tipsy, so it was just kind of everywhere.

Q. Okay. Did you see either one of them actually

point it at anybody in particular?

A. No.

Q. So they were kind of, you know, messing with it,

going up and down, as you were just showing us?

A. Yes.

Q. And then you said that they were both tipsy. How

could you tell?

A. Well, from him standing outside his room with the

battle of Bacardi.

Q. You're talking about him, being Daniel?

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A. Yes.

Q. All right.

A. I mean, like he just seemed really happy. And

then me -- me and Luis, of course. You know, we had

dinner together, and we had a drink -- or he had some

drinks as well, you know.

Q. How many drinks did you see Luis have?

A. Probably like two.

Q. Okay. Do you know what he was drinking, by any

chance?

A. Wine.

Q. Wine.

And had you hung out with Luis before?

A. No. I mean, we all do conference calls, you

know. Like we get to know each other through conference

calls, because of the district manager. He has to call

in all his stores; so that's how we get to know each

other on the phone.

Q. Had you ever met Luis in person before?

A. No.

Q. All right. So that was your first --

A. But through the phone, I -- I met him.

Q. Does the phone show you -- is it one of those

conference calls where you can -- it's a video, too, or

just on the phone?

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A. No. It's just on the phone. Yeah. Like I can

press like pound something, and then it will call him

directly to -- you know, to his store.

Q. All right. So would it be fair to say then that

before that night, you had never gone out to dinner with

him --

A. No.

Q. -- or had drinks with him?

A. Yeah. I've never gone out to dinner with him or

had drinks.

Q. All right. So you have no idea if those two --

how those two drinks affected him?

A. No, I don't.

Q. Do you know if he had any drinks before he met up

with you at the hotel downstairs?

A. I don't, no. I don't know if he had any.

Q. Okay. And you don't remember -- as you testified

earlier, you did not remember seeing him and Daniel have

a drink in the room either?

A. No, I don't remember. I don't remember if they

drank them or not, because I just poured them and sat

down.

Q. All right. And you weren't exactly paying

attention at that point?

A. No.

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Q. And so you said earlier that you used the drapes

to get the gun away from the window, correct?

A. Yes.

Q. And at the time that you were doing that, was the

screen still on the window?

A. Yes.

Q. And was the window still closed, in your

recollection today?

A. I don't recall if it was closed or open.

Q. All right. Were you trying to close the

window -- I mean, close the drapes, or were you trying to

open the drapes?

A. I was trying to gather their attention, like look

at your surroundings. You know, you're pointing a gun

outside the window. Nobody knows if it's real or if it's

fake. You know what I mean? It's a gun. It just

doesn't look right.

Q. Did you say anything to them verbally, like --

A. Yes, I did.

Q. What did you say?

A. I just said, Look at what you're doing. You're

pointing a gun outside the window. That's when I grabbed

the drapes and pushed the gun away.

And they're like, Oh, yeah. So they were -- they

were just like all over the gun. It wasn't -- I don't

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know what their intentions were, but it wasn't to point

it out the window and whatever had happened afterwards.

Q. All right. So you did not believe that that was

their intention at the time?

A. No, I don't believe that.

Q. All right. And so you were able to then get

their attention, and they went ahead and put the rifle

away?

A. Yes. Um-hmm. Yes.

Q. Okay. And did you do anything with the window at

that point yourself? Did you close the actual glass

window or open it or anything?

A. No.

Q. Did you close the drapes or open them anymore?

A. No.

Q. So you literally -- and correct me if I'm wrong.

Were you just using it as a way to touch the weapon

and --

A. Yes.

Q. -- knock it away?

A. Yes.

Q. I need you to do me a favor and wait until I'm

finished with my question.

A. Okay. Thank you.

Q. I'll do the same thing for you when you answer.

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A. Sorry.

Q. All right. So now the gun is away from the

window -- the rifle. Then what happens to it?

A. So like I said, Luis, he kept coming in and out.

And he had to take a phone call. He said it was his

wife, or --

Q. Something?

A. Yeah. So --

Q. So let me take you back.

I'm sorry. That was my fault.

You did say earlier that his phone kept ringing;

is that correct?

A. Yes.

Q. And so who put the gun down -- the rifle?

A. Daniel did.

Q. Where did he -- did he put it back in the case or

somewhere else?

A. I don't remember.

Q. During the time that this is happening, right,

when Daniel took out the rifle and the two of them are

talking about it and handling it, did anyone come

upstairs and knock on the -- knock on the door or walk

into the room?

A. Yeah. I believe there was -- they ordered

takeout -- well, Daniel did. I don't know if he was

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waiting for another party, like I said. But he had

ordered takeout.

Q. All right. And how do you know that he ordered

takeout?

A. Because when we were sitting in the room,

somebody came and knocked on the door and they brought

food up.

Q. Okay. So someone actually walked up to the room.

Did that person knock or did they just walk in?

A. They knocked but kind of came in as well.

Q. All right. Was the door just held open by the

bar you mentioned earlier?

A. It was open.

Q. Okay.

A. I don't remember if it was by the bar, but I

remember it not being closed.

Q. It was not closed.

Was it closed at any time while you and Luis were

in there?

A. No, it wasn't closed. I mean, like if that bar

just had it open that much, it -- I mean, it was never

closed. It was never -- yeah, it was never a closed

door.

Q. So, now, this person, was it a man or a woman

that delivered the food?

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A. It was a male.

Q. And so you believe that he knocked and then went

in as he knocked, because the door was partly open?

A. Yeah. And Daniel met him at the door.

Q. Okay. And could you see that person, what they

were doing or what they were saying or anything?

A. I just remember them having a bag of food.

Q. All right. So what did Daniel do once that

person came in with the food?

A. He signed for it, and then we just went on about

our conversation. Like they just dropped it off.

Q. Was there anything unusual about Daniel? Was he

acting weird or was he acting --

A. I never met him before. That was my first time.

Q. Okay.

A. So I don't know his character.

Q. Were you paying close attention to his

interaction with the delivery person?

A. Yeah. I always pay very close attention. I

observe everything, really.

Q. So you remember him just signing for the food.

And then did that person then leave?

A. Yes.

Q. In your interaction with Daniel during this

period of time up until this individual came to deliver

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food, you said earlier that he seemed intoxicated, maybe?

A. Well, yeah. Like happy. Like he was just

like -- I don't know. I wouldn't be able to stand

outside my room and be like welcoming people, you know.

I just thought that was kind of funny.

Q. Okay. Could you smell alcohol on him?

A. Yeah.

Q. And did he speak in any way that made you think

that he was drunk or that he was very intoxicated or no?

A. He just mentioned that he was tipsy.

Q. Okay. So he said it to you?

A. Yeah.

Q. Was he slurring his words?

A. I don't remember.

Q. Did he walk like he was intoxicated?

A. Well, he was standing outside his room, so he

didn't walk that much, you know.

Q. But in the room, as he's walking around a little

bit, did he seem like he was stumbling around or

anything?

A. No.

Q. Did he seem confused by anything, or --

A. No.

Q. As far as when you talked to him or he and

Luis -- did he seem like unable to understand what's

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going on?

A. No.

Q. So, now, this person -- the delivery person

leaves, correct?

A. Yes.

Q. And what happened next? Did anyone else come

upstairs to that room?

A. No.

Q. You don't remember anybody coming up at all

during the time you were in except for him, correct?

A. Yes.

Q. So is Luis inside or outside when the delivery

comes in?

A. He's inside.

Q. And was he on the phone or what was he doing?

A. Yeah. He was on his phone as well. Like I don't

know if he was texting or -- he just seemed frustrated.

Q. Was he sitting? standing? walking? What was he

doing?

A. No, he was sitting. We were sitting at the

table.

Q. Okay. Is there a table in there with like two or

three chairs or something?

A. Yes.

Q. So Luis was sitting at the table on the phone.

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Daniel was getting the food. And where were you? Were

you at the table too?

A. Yeah. I had gone up. You know, like I just was

trying to make it seem like, Come on, let's hurry up,

let's go back to our room. I want to go to school

tomorrow, so we can wrap this up.

Q. Did you say that to Luis at all?

A. I lifted my eyebrows like hurry up, but I

wasn't -- I didn't tell him directly.

Q. Did you at any point use the restroom or go

inside the bathroom?

A. Yeah. That's where the glasses were, because I

remember Daniel saying, Oh, they're not in the bathroom,

but they're like on the sink, if you can pour those.

Q. Okay. So did the room have a separate bathroom

and a little sink area where you can wash your hands --

like a toilet and then a sink area?

A. Yes.

Q. Okay. And so you did not go fully into the

bathroom. Is that what you're saying?

A. Yeah. I just was -- I just seen the bottle,

where he had put it. And I just did what they asked me

to do, so we can hurry up and leave.

Q. All right. How long did that take you, do you

think, to go in and grab the glasses and come out?

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A. Like a second.

Q. All right. Did you at any point use the bath- --

you know, go inside and shut any doors or anything?

A. No.

Q. All right. So pretty much the rest of the time,

you stayed in the room?

A. Yes.

Q. So you were able to see and hear what was

happening?

A. Yes.

Q. Okay. So after the delivery person left, now --

so Daniel has food. All three of you are still in the

room. What happens next?

A. We were just talking. And Daniel is like, Oh, I

have to take this call. Or, I mean, Luis was like, I

have to take this call, I have to take this call. So he

-- go ahead.

Q. Let me stop you there for a second.

But you said the three of you were talking. Were

you still talking about the rifle and all that or no?

A. No.

Q. Did Daniel tell you why that rifle was there or

what he used it for or no?

A. Yeah. He said that he had a business that he

would kill rodents, like stuff that was major that you

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couldn't catch like in the malls or in the Walmarts or

Targets and stuff like that, like birds or rodents and

stuff like -- that's what his rifle was for.

Q. All right. And --

A. He was on a business trip as well, I guess.

Q. All right. I was going to ask you if he told you

was he there for.

So he was on a business trip, and then he used

this pellet rifle -- or did you understand what that

means, that it's a pellet?

A. Yes.

Q. What was that?

A. That it doesn't have like bullets. Like it's

just different kind of bullet, like not to harm you,

like, you know, I don't know. I really don't understand

any of that gun stuff.

Q. While the three of you were sitting in that room,

was the TV on, by any chance?

A. Yes.

Q. Was it loud, normal or on low volume?

A. It was like on mute, I want to say. Or on -- it

was on a game.

Q. Oh, okay.

A. He was playing a game, so I guess he paused it.

Q. All right. So nothing was playing on the TV?

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A. No. It was just on pause, I guess.

Q. So there was no noise coming from the TV?

A. There was noise but it was on pause. You know,

like the instrumental pause, I guess -- I don't know --

for a game.

Q. But was that -- was it -- again, was it loud or

low or normal?

A. It wasn't -- it wasn't loud but I can hear it.

Q. So it wasn't interfering with your conversation?

A. No.

Q. Was there any music on aside from what was the

way music --

A. No.

Q. Were the three of you kind of loud when you were

talking? You know, how sometimes when people drink --

A. Yes. Yeah.

Q. So who was the loudest, if you can remember?

A. Luis.

Q. So Luis had a loud voice?

A. Yeah. He was just outgoing. That's just his

personality. He's just loud all the time.

Q. All right. So he was the loudest. And then who

was second loudest, you or him?

A. Probably Daniel.

Q. And so were there a lot of voices that could be

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heard clearly in that room?

A. Just ours.

Q. Could you hear any noise coming from the other

rooms or the hallways?

A. No.

Q. So then you're sitting around talking, and you're

talking about work or whatever you guys are talking

about. Then what -- then -- I'm sorry.

Then you said Luis had to take a call, correct?

A. Yes.

Q. And what did he do to take that call? Did he

take it right there in the room?

A. He just like -- I don't know, because he kept

getting up and pacing around; so I just assumed he was

going to pace around again. But he grabbed his phone,

and he was like, Okay, I got to take this out. So he

just like walked out of the room and left me there.

And I was just like, Okay, so I just sat right

there. And I was going to get up and get ready to leave

as well, as soon as he like left a minute before I was

going to leave.

Q. Okay.

A. And then that's when Daniel got into a

conversation with me.

Q. Okay. Were you still at the table, the same

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table you were at?

A. I wanted -- I got up too. And I was like -- I

think he knew that I felt uncomfortable being there by

myself, so then he like started getting in a conversation

with me. But I don't remember if I was at the table or

if I sat on the bed as well.

Q. Did Daniel eat the food that was brought in?

A. I don't recall.

Q. Okay. Did you eat any of it? Did he offer you

any of his food?

A. No. I had my own food.

Q. Okay. Oh, that's right, because you had the

pizza and the wings.

Did you and Luis eat in that room -- in Daniel's

room?

A. I -- I didn't.

Q. Okay.

A. I don't recall if he did.

Q. He, meaning Luis?

A. Yes.

Q. And you don't remember if Daniel ate, correct?

A. I don't recall, no.

Q. Okay.

A. I just remember that the food was delivered.

Q. All right. So, now, the last thing that you said

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about the room was that Mr. Nuñez -- Luis Nuñez had left

the room with the phone, correct?

A. Yes.

Q. Do you know if he shut the door? I know you said

earlier that door was never shut.

A. Um-hmm.

Q. He did not shut it behind him?

A. No. He just walked out.

Q. All right. And could you hear him in the hallway

talking on the phone?

A. Yeah. He was very loud, but then I couldn't hear

him anymore. I guess he walked away.

Q. So outside the door, you could hear him. But

after he walked away from the door, you couldn't hear him

anymore?

A. Yes.

Q. Even with the door opened?

A. Yes.

Q. Did you say then you moved to the bed to sit,

from the table?

A. No. I don't remember if I was sitting at the bed

first or then I moved to the table. I just remember I

was feeling uncomfortable because I was there by myself,

and I didn't want it to look that way. So I was trying

to not be rude.

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And I should have just said, Okay, I'm leaving.

But I didn't know how, because I was -- I had already

felt like Luis was being rude. So then I was like --

didn't want to follow him being rude as well, so I just

stayed right there. But he said he'd come right back, so

I waited.

Q. So he actually said, I have to take this call

out?

A. He said, I'll be right back, yeah.

Q. Right. But I'll be outside -- I'll be right

back. Okay.

So now it's you and Daniel, and you guys are

having a conversation. And how -- well, let me take you

back for just one second.

A. Okay.

Q. How long would you say you and Mr. Nuñez were in

the room with Daniel before Luis, Mr. Nuñez, left for

that last phone call?

A. I want to say it was more than like a half an

hour. But mine and Daniel's conversation was probably

like five to eight minutes tops, that I was having a

conversation with him in the room.

Q. All right. So your recollection is that it would

be around half an hour that the three of you were in the

room together, correct?

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A. Yeah. Half an hour to 45 minutes.

Q. Oh.

A. It wasn't an hour.

Q. Okay. But it was quite a lengthy period of time?

A. Yes.

Q. All right. And then after Luis left, you were in

there for another eight-to-ten minutes, did you say?

A. Yes.

Q. Okay. So you were still having this

conversation.

Did you ever hear anything coming from the

hallway: any screaming or yelling or anybody saying

anything to you?

A. No, I didn't.

Q. All right. So now you're having a conversation.

What happened next?

A. The phone rings.

Q. Okay.

A. And then that's when Daniel tells me that the

Mesa police wants me to be -- to come out of the room.

Q. How many times did the phone ring, if you

remember?

A. Once.

Q. Did he pick it up right away?

A. Yes.

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Q. All right. Did you make any phone calls from

that room using his room phone that night?

A. No.

Q. So the phone rang once is your recollection,

right?

A. Yes.

Q. And he picked up the phone. Could you hear the

person on the other line? I mean, on the other end.

A. No. No.

Q. So you could only hear what Daniel was saying?

A. Yes. I remember just seeing the red little dot

that's on the hotel phones.

Q. Oh, okay.

A. It lit up.

Q. Okay.

A. And that's when he was saying that I need to go

outside.

Q. Okay. And did he say anything about himself, or

he just said you needed to go out of the room?

A. He was like puzzled by it. He was like, Um, you

have to step outside. They want you to step outside.

And I was like, Hey. He was like, The Mesa police wants

you to step outside.

Q. Okay.

A. So I was like, Okay.

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Q. All right. So what did you do when he said that?

A. I got my stuff and I stepped outside.

Q. What's your stuff?

A. Like my purse. I think I left my jacket on the

chair.

Q. Okay.

A. My stuff, like my food and my purse. And I

walked outside.

Q. All right. So did you grab your food or leave it

there? I'm sorry, what did you say?

A. I remember grabbing my purse and my food.

Q. Okay. Was your food -- did you put that in your

purse, by any chance, or do you remember?

A. I probably put my wings in my -- in my purse,

because I have a pretty big duffel bag.

Q. A what bag?

A. It was like one of those big bags that you can

just -- it's called a hippy bag or something. I don't

know. It was just a big black bag.

Q. Hippy bag, is that what you called it?

A. Yeah. A shoulder bag.

Q. All right. So it was very big --

A. Yeah.

Q. -- and you can put a lot of things in there?

A. Yes.

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Q. So your recollection is that you had a jacket

that you left behind, right?

A. Yes.

Q. And that you probably, or pretty sure, you

grabbed the wings --

A. Yes.

Q. -- and put them in a big bag, which is your

purse, correct?

A. Yes.

Q. All right. Did you have anything else out there,

or -- what did you do with your cell phone?

A. I prob- -- it was probably in my purse as well.

Q. Okay. And so then you -- did you put your purse

on your shoulder? Did you carry it in the crook of your

arm or where -- or on your hand? Do you remember?

A. I don't remember.

Q. How do you normally carry it?

A. Excuse me?

Q. How do you normally carry it? On your shoulder?

A. On my shoulder.

Q. So you walked out with it.

And was Daniel still on the phone, or had the

phone in his hand, by any chance, or do you remember?

A. No. He -- I just walked out. I didn't look

back. I just kept going forward.

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Q. All right. So when he said to you -- you know,

when he called -- before he talked to you, did he already

hang up with the person on the phone?

A. Yes.

Q. So it was a very short conversation; is that

right?

A. Yes.

Q. So you heard him say -- did you hear -- did you

hear what he was saying to the person, except looking

puzzled and going, Yes?

A. No, I don't.

Q. Okay. So he hung up the phone, and that's when

he told you what it is you said he told you?

A. Yes.

Q. So then you grabbed your things.

And did you see what he was doing after he hung

up the phone?

A. No. Like I said, I didn't look back. I just

looked forward and just went.

Q. Do you know where the BB rifle -- the pellet

rifle was?

A. No, I don't.

Q. Do you remember seeing any other weapons in the

room?

A. No, I don't.

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Q. Were there any other cases -- musical instrument

cases like the other one?

A. No. There was duffel bags. I mean, it looked

like another party was staying with him.

Q. Okay. So as you were walking out, did you turn

your back to him to leave?

A. Yeah. I just got up and -- I didn't look back at

him. I just walked out.

Q. And so you -- was the door still open?

A. I remember it not being closed all the way, so I

had to like kind of open it and then walk out, because it

wasn't closed all the way.

Q. All right. Now, you had a room similar to his,

as you said?

A. Yes.

Q. And, also, in that hotel room that you occupied,

when you opened the door, did it shut by itself, unless

there was something -- unless there was a bar or a

prop -- something propping it open?

A. No.

Q. They don't close by themselves?

A. Yeah, they close by themselves automatically.

Q. So whenever you leave a hotel room -- in that

hotel when you left your room, it would like shut,

correct?

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A. Yes.

Q. Did you have to pull it, though, to close it all

the way?

A. Yeah. To make sure that, yeah, it was closed

properly.

Q. All right. So, now, you had to pull the door

completely open? Is that what --

A. Well, I mean, like -- I -- I remember it wasn't

closed.

Q. Okay.

A. So when I did walk out -- it just happened so

fast. I was just like wondering why the Mesa police was

wanting me to walk out, you know. So I don't even

remember opening or closing the door. I just remember

that it was never closed.

Q. Okay. And then you walked out of the door,

correct?

A. Yes.

Q. Was that room at the end of the hallway or in the

middle or three-quarters? Where was it?

A. It was at the end.

Q. At the very end of the hallway close to the

elevator, as we established before?

A. Yes.

Q. So when you walked out, did you turn left or

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right?

A. I turned left.

Q. Okay. Could you see, or did you know where

Daniel was at that point?

A. No. Like I said, I just went forward. I didn't

look back.

Q. Were you scared, nervous, calm?

A. Of course I was scared. I was scared.

Q. You were scared. All right.

Why were you scared?

A. Because when you get a call like with somebody

that you don't know and they're telling you that Mesa

police is standing outside there and they you to walk

out, I was wondering, I'm in trouble or what did I do?

So, yeah, I was scared.

Q. So when you walked out of the room, did you

expect someone from the Mesa Police Department to be

outside of the room or where?

A. Yeah. Well, that's what he said. He said,

They're waiting for you outside -- you know, to come

outside. So when I did go outside of the room, they were

already standing there.

Q. Was it your expectation that someone would be on

that floor, or did you think he meant outside, like

outside in the open air?

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A. Yeah. I thought he meant like outside in the

open air.

Q. So you were getting ready to like leave the

building or something?

A. Yeah, that's what I felt.

Q. All right. So you had your purse with you. Did

you have -- did those hotel rooms -- did they have a key,

or did they have a keycard that you used?

A. It was a keycard.

Q. Ones that you swipe down and the light turns

green, et cetera?

A. Yes.

Q. Okay. And was that in your purse at all times?

A. Yes.

Q. All right. So, now, you walked out with the

purse. You turned left. So now are you in the hallway

pretty much?

A. Yes. I didn't get very far, yes.

Q. How come you didn't turn to go to the elevator,

or were you heading there? I don't know.

A. Me, 'cause right when I walked out, they were

like, Get on the floor.

Q. Okay. Was the elevator that you got off of with

Luis, was that close to -- you know, close to where you

were turning?

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A. It was like caddy corner, so like this is me.

Here is the elevator. And then this is where I turned

left, and they're all right here. So the elevator is

that way (indicating).

Q. Okay.

A. And I turned left (indicating).

Q. All right. Why didn't you go towards the

elevator, if you know?

A. Well, from my blind side, there's like all kinds

of men standing in black. And then when I look that way,

then they're telling me to get on the floor. I just

followed protocol, because they're in uniforms, you know.

Q. Okay. So you saw the men, what you assumed were

police officers then --

A. Yes.

Q. -- from the side of your vision there?

A. Yes.

Q. Okay. And so then you decided you better head

that way, correct?

A. Yes.

Q. All right. And what did they look like? What

were they doing when you first saw them?

A. They were just all in black.

Q. Okay.

A. And they had their guns pointed at me.

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Q. Okay. And how many guns, if you remember?

A. I want to say that there was -- I don't know. I

was just really scared, so I -- I want to say there was

four on their knees and four behind them.

Q. Okay. And they all had weapons pointed at you?

A. Yes.

Q. Okay. So there were six people with weapons

pointing at you at the time?

MR. PICCARRETA: Objection, Your Honor.

Leading.

THE COURT: Sustained.

BY MS. CHARBEL:

Q. How many were there altogether?

A. I don't remember.

Q. You said there were four and then two?

A. No. I want to say there was like an equal

amount, four and four. I want to say that.

Q. All right. Let me see if I can understand you.

Four and four what?

A. Men.

Q. Okay. Why are there four and then four, if you

could explain that.

A. Like there was four on their knees, and then four

standing behind him.

Q. Oh, okay. All right.

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A. Like three on their knees and four standing

behind them. I don't know.

Q. And do you remember if they all had weapons or

not?

A. Yes, they did.

Q. All right. Did any of them use any kind of

lights, flashlights --

A. Yes.

Q. -- pinpoint lights?

What were they, if you could describe those?

A. I don't know. They were just red dots like all

over me. (Indicating.)

Q. So they had red dots. You just pointed to your

forehead. On your head as well as your chest area?

A. Yes, I --

MR. PICCARRETA: Excuse me, Your Honor.

Leading.

THE COURT: Hang on. Hang on. The

objection's overruled. Next question.

Ladies, slow down, please.

MS. CHARBEL: All right, Judge.

BY MS. CHARBEL:

Q. All right. So you pointed to your head. Was

there a red dot on your head?

A. I don't know. I just remember just looking down,

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and there was just dots.

Q. So there were dots all over the rest of you?

A. Yes.

Q. And what did those dots mean to you, if you know?

A. Red. I don't know. They were in red, so I don't

know. Red's always been like a bright color to me for

danger, hazards. I don't know.

Q. How did you feel at that point?

A. Very shaken, shaky, scared. Like I feel right

now. I'm scared right now. I don't like to -- I try to

block out that day.

Q. All right. So what was the first thing that you

heard from those gentlemen?

A. To get on the floor and crawl to them, put my

hands up in the air.

Q. So the first thing that you heard was somebody --

like one voice or more than one voice?

A. One voice.

Q. And then that person said what?

A. To fall to my knees and put my hands up and then

to crawl to them.

Q. So they said, Get on your knees, and --

A. With my hands up.

Q. With your hands up.

And then to crawl towards them?

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A. Yes.

Q. Could you see where Daniel was at this point?

A. No. I was just worried about myself.

Q. Okay. And were you looking at them the entire

time they were talk- --

A. Yes.

Q. Could you tell who was saying what -- one of the

standing men or the ones crouched?

A. No. I don't recall, because I don't remember if

one of them had their face covered or three of them. I

don't remember. I just remember it happened so fast.

Q. So your recollection today, is there might have

been one or more with their faces covered?

A. Yes. There might -- I don't recall because I

was -- I was just so scared. I didn't want to look at

them or do something wrong where my life was going to be

taken as well.

Q. Okay. You just said that you thought maybe

somebody's face was covered, one or more of them?

MR. PICCARRETA: Objection, Your Honor.

Leading and asked and answered.

THE COURT: Hang on. I think it's been

asked and answered. Let's move on, please.

BY MS. CHARBEL:

Q. Okay. So then you said you didn't want your life

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to be taken as well. So did you get on the ground, as

they said -- the person said?

A. Yes. Um-hmm. Yes. Sorry.

Q. Did you have anything on your hands, like a watch

or a bracelet or rings or anything?

A. No.

Q. Okay. So then what happened to your purse?

A. I left everything right there. When I crawled to

them, I just dropped everything.

Q. All right. So when they said, Get on the ground,

is that when you dropped your purse?

A. Yes.

Q. Okay. You dropped your purse, and then you were

on your knees with your hands up; is that correct?

A. Yes.

Q. All right. Like up high in the air? Can you

show us.

A. I just went like this (indicating).

Q. All right. With your elbows bent a little bit or

all the way up?

A. I don't remember. I don't recall.

Q. What were you wearing at the time: pants?

shorts? a skirt?

A. Pants.

Q. Okay. And were you wearing a long-sleeve or a

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short-sleeve shirt?

A. I don't really -- it was a shirt. It was like

one of those off-the-shoulder shirts, but it was a

short-sleeve one.

Q. All right. And did you have anything else in

your hands besides your purse?

A. No.

Q. And so now you're on your knees with your hands

up. And what's next? What did you do next?

A. I just did what they asked me to do: crawl to

them. And then immediately I got handcuffed and like was

taken to the end of the hallway.

Q. All right. So how -- if you remember -- how far

in the hallway were they: towards the end of it? the

middle of it?

A. They were pretty close to his door as well. So

like right when I turned left, they were like maybe

four feet away from me.

Q. Four feet?

A. Maybe. I want to say. I don't know. It was

pretty -- maybe two, four. I don't know. It was pretty

close.

Q. Okay. Were they as far as I am to you right now?

A. Yes.

Q. When you first saw them and heard them?

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A. Yes.

Q. Okay. And so when they asked you to -- when you

were asked to crawl towards them, how did you crawl? On

all fours or just on --

A. Yes.

Q. So when your hands are up and they said, Crawl

towards us, did you --

A. I put my hands down, yes, and then crawled.

Q. So you put your hands down, and you were already

on your knees and you crawled. How many steps did you

take, for lack of a better word?

A. I don't know. I don't recall how many steps.

But I just remember somebody grabbed me by the back --

Q. Okay.

A. -- with my hands behind me and handcuffed me.

Q. All right. So were you still facing them when

this happened?

A. No.

Q. So when someone grabbed you, you were not?

A. No. I -- they just took me --

Q. Okay.

A. -- towards the end of the hall for me to look

straight.

Q. I'm sorry. I don't think you understood me.

But when you were crawling to them, did somebody

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say, Stop, or how did you know to stop?

A. Yes, they told me to stop.

Q. And were your hands still up in the air, or were

they down?

A. They were down, because I was crawling.

Q. Okay. So did someone then come behind you, or

did you turn around?

A. Someone came behind me.

Q. All right. So you were still facing the original

seven or eight people that you said were there?

A. Yes.

Q. All right. Was it one of the officers or who was

it? Do you know?

A. Yes. It was an officer.

Q. So an officer walked behind you, correct?

A. Yes.

Q. All right. And how did he grab you -- or she?

A. From the side. He grabbed me from my arm -- from

behind me. Like he wasn't in front of me.

Q. So your left arm?

A. Yes. And then he just like picked me up and then

put my arms behind me and handcuffed me and walked me

towards the end of the hall (indicating).

Q. Okay. So when this person stepped behind you and

grabbed your arm, did he then lift you to stand up at the

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same time?

A. Yes.

Q. Okay. And then did he walk you away, or did he

handcuff you there first?

A. He was handcuffed -- he handcuffed me and then

lifted me went away.

Q. Oh, okay. So he handcuffed you first, while you

were still on your knees, and then he stood you up and

took you around?

A. Yes.

Q. All right. When he took you around, where did he

take you?

A. To the end of the hall.

Q. All right. So there was still some hallway

behind the individuals there?

A. Yes.

Q. And so now you're in handcuffs and you're being

walked. Were you seated so that you were facing them, or

did you have your back to them?

A. I had my back towards them and then I turned

around. But he was like paying attention to what they

were doing --

Q. All right. So he was --

A. -- trying to pay attention to me as well.

Q. Okay. So when he first walked you away, did you

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sit down or were you on your knees or were you standing?

A. I was on my knees.

Q. So did he do that, or did you get down on your

knees by yourself?

A. No. He was like -- like if he wanted me to get

on my knees.

Q. All right.

A. Like right when he took me down the hall and then

where we got to -- where he wanted me to be, like he kind

of like nudged -- nudged me to go down, like just to get

on my knees. And then he's like just, Sit right there.

Q. Okay. So at that time, was your back turned to

them?

A. Yes.

Q. So you couldn't see what they were doing or

anything?

A. No. But then I turned around.

Q. All right. But at that first moment, you could

not, correct?

A. Yes. I just -- I -- after that, I didn't care

what he had said because I just -- I don't know. I just

went into another state of mind. I was just scared. I

just didn't know what to do.

Q. All right. So when you were first -- you said

your back was turned to them. Could you hear anything or

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no?

A. Of course.

Q. So you could still hear them, but you could not

see for a little bit of time?

A. Yes.

Q. So then did you then say you turned around, or

did I miss that?

A. No, I turned. I turned around.

Q. All right. Why is it that you turned around to

face them?

A. Because I wanted to see what was going on.

Q. So you were still -- were you still on your knees

at that point?

A. Yes.

Q. So you turned around, and you're looking at them.

And where was the officer who had brought you to that

spot?

A. He was standing right there.

Q. Okay. What do you mean by standing right there:

next to you? in front of you?

A. Yes. He was standing next to me.

Q. Right next to you. All right.

And where was his attention, if you know?

A. It was on me and it was on them as well. He

wanted -- I guess, he was trying to see -- see both.

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Q. So now you're in handcuffs and you're sitting

next to the officer. Did he say anything to you, this

particular officer standing next to you?

A. Yeah. They -- they were all like kind of rude.

You know, like they were just --

Q. But was he saying anything to you in particular

at that time?

A. I -- I just remember yelling. I was -- I was

like, didn't understand and he just told me to shut.

Like just to be quiet.

Q. So were you yelling or was he?

A. I was. I was. I didn't understand why I was

being handcuffed. I didn't understand any of it,

actually.

Q. What did you yell?

A. I was just yelling at him like, Why is this

happening? What did I do? Like I had a lot of

questions. And we hadn't gotten to that part, where that

had happened.

Q. Yeah. Right. So in the beginning --

A. But I was mad and confused.

Q. So then you were directing it to him? Like, I

don't understand why I'm here. Why am I in handcuffs?

A. Yes.

Q. Okay. So he told you to shut up at that time?

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A. Yes.

Q. All right. And so what happ- -- what's the next

thing that you remember happening after he said that to

you?

A. Well, then like they were asking Daniel to come

out. And I -- I don't know. Like it just happened so

fast.

He -- he came out. And I remember them saying

that -- for him to do the same thing. So when he did, I

guess his shorts were falling down, because he was

wearing basketball shorts.

MR. PICCARRETA: Excuse me, Your Honor.

Could we have the question answered, as opposed to a --

THE COURT: No, I'll let the witness finish

her answer.

Go ahead. Finish your answer.

THE WITNESS: So as he was crawling out, I

guess his shorts were falling down because of the

material of his basketball shorts and trying to crawl

with your hands up this way (indicating). I mean, out of

reaction, you're going to try to pull up your shorts and

he -- they -- they shot him.

BY MS. CHARBEL:

Q. So were you watching all this happening?

A. Bits and pieces, yes.

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Q. Could you see from between the officers, or was

it pretty clear?

A. Yeah, I'd say it was pretty clear.

Q. How far away would you say you were to the

officers?

A. I don't recall. It was -- it was just right

there. Like maybe where I'm at to past those double

doors.

Q. Okay. That's your recollection as to where the

officers were?

A. Yes.

Q. And could you tell how far away Daniel was at the

time that he was shot from them or anything?

A. I don't recall.

Q. So you heard them saying things to him, and then

your recollection is he was trying to grab at his shorts

or something when he was shot?

A. Yes.

Q. Did you see him get shot?

A. Yes.

Q. Do you know how many times he was shot?

A. No.

Q. Do you even remember hearing the shots

themselves?

A. Yeah. But like I said, it just -- it happened so

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fast. Like I --

Q. Do you remember hearing Daniel say anything?

A. Yes.

Q. What did he say?

A. Please don't shoot me.

Q. Was that before, or how far before he was shot,

if you know?

A. Yeah. Like they were like -- I guess they were

trying to get him to come out, and he just didn't

understand, I guess, like I didn't understand. -

MR. PICCARRETA: Excuse me, Your Honor. I

object to the witness testifying to state of mind of

another person.

THE COURT: Speculation. The answer as to

what she thought he was thinking is stricken.

Next question.

BY MS. CHARBEL:

Q. So what else did you -- did you hear him say

anything else besides, Please don't shoot me?

A. No. He was just like crying for his life.

Q. So he was crying for life -- for his life, and

then he was shot. And then what happened right after, if

you recall?

A. The officer that told me to shut up picked me up

like by my right -- yeah, my right arm. And he was

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pretty -- he was pretty rude about it. Like, I mean, I

was already hurting. I was already scared. I was

like -- so then they take me down.

Q. Let me take you back for just one second.

So do you know if it was the same officer or not

that picked you up?

A. Yes, it was the same officer.

Q. Okay. And the officer who was -- who had

originally taken you and sat you down or had you down on

your knees there, the one who told you to shut up, did he

ever leave your side for any period?

A. Yeah, he did. He left me with this other

individual, which was a female.

Q. Okay.

A. She was like, yeah, asking me questions and stuff

like that, so I just had to answer everybody's question

that night.

Q. Okay. Let me stop you there for a second. And,

again, it's probably me who's not phrasing this

correctly.

But while you were still upstairs, before the

shooting happened, did the male officer who was standing

next to you, you know, when you were on your knees and --

A. Yes.

Q. -- he told you to shut up, did he ever leave you

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at any time before you were taken downstairs?

A. I think he -- he ran up to go see what was going

on, but he left me right there, yes.

Q. Do you recall -- do you remember if he left you

before or after the shots were fired?

A. After.

Q. All right. So after the shooting, you recall him

leaving you by yourself, correct?

A. Just very -- for very little. He just like

walked up to see me and then came back.

Q. All right. So it was just for a brief moment.

You walked up and came back?

A. Yes.

Q. And then is that when he grabbed you by the arm

and lifted you?

A. Yes.

Q. All right. And at that point, is that when you

said you were scared and you were hurting already?

A. Yes.

Q. Were you hurting physically?

A. Well, yeah. Emotionally, physically. I was just

shocked.

Q. And so that's when he lifted you and walked you

away and took you downstairs?

A. Yes.

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Q. Did he say anything to you from the time he

lifted you up until you were downstairs?

A. No.

Q. Did you take the stairs or the elevator, if you

remember?

A. The elevator.

Q. Okay. And was the elevator near, or did you have

to go past Daniel's body at that point?

A. No. It was right across from where I was

kneeling down.

Q. All right. So then was it just you and him, or

were there other people in the elevator?

A. No, it was just me and him.

Q. And then where did he take you once you were

downstairs?

A. Outside to a bench.

Q. Were you still handcuffed?

A. Yes.

Q. And did you sit or stand near the bench?

A. I sat.

Q. And did he say anything to you down there?

A. No. I was in somebody else's hands now.

Q. Oh.

So do you know -- is that what -- the female you

were just talking about?

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A. Yes.

Q. Then did he leave, or did he stay there with the

female?

A. No. He left.

Q. All right. So then did the female say anything

to you?

A. Just small talk.

Q. All right. So you were sitting at the bench and

the female was near you. What's the next thing you

remember happening?

A. It was -- that's when it began right there. Like

I had to talk to three different detectives. I probably

didn't get out of questioning till maybe the next

morning.

Q. Okay.

A. But it was all there at the hotel.

Q. All right. Do you remember what time it was when

you first arrived at Daniel's room -- in Daniel's room?

A. I want to say about 8:00ish, 9:00ish. I don't

recall.

Q. Do you know how much time -- I know you told us

earlier there was a half an hour or 45 minutes that the

three of you were in the room, correct?

A. Yes.

Q. It could have been eight to ten minutes after

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that before the call came in?

A. Yes.

Q. And then do you know how much time passed between

the time you stepped out of the room until they took you

downstairs?

A. No, I don't recall.

Q. All right. And at some point then, you said you

spoke to more than one person?

A. Yes.

Q. Okay. So two people interviewed you that night?

A. Three.

Q. Three. Okay.

And do you know any -- where was the first

interview? Let's call it that. Where did that take

place?

A. I was in the -- I was behind the -- in the cop

car, so I was on the seat. And some detective came up,

and he had pressed the recording while he was talking to

me.

Q. All right.

A. And I was still handcuffed.

Q. So were you inside of a police vehicle?

A. Yes.

Q. Okay. So did they put you in the back of the

vehicle or in the front?

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A. Yes. In the back.

Q. All right. So an officer opened the door and let

you into the back of a police car?

A. Yes.

Q. Turned on a recorder and recorded your interview?

A. Yes.

Q. Do you remember how long, approximately, it took?

A. No.

Q. Did it seem short or really long?

A. It seemed -- it seemed kind of short.

Q. Was this a person who was in a uniform or no?

A. No.

Q. After that, when was the next -- or where and

when was the next interview?

A. Like right after.

Q. Okay. So did you stay in that vehicle, or were

you taken somewhere else?

A. No, I stayed in the vehicle.

Q. And another person came and interviewed you?

A. Yes.

Q. Okay. Do you know how much time, if you

remember, had passed between the first and second

interview?

A. I don't.

Q. Was the second interview any longer or the same?

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A. I want to say that one was longer.

Q. Okay. And was it a different officer or

detective?

A. Yes.

Q. Was that --

A. They were all different.

Q. Oh, all three were different people?

A. Yes.

Q. Did they ask you the same questions or different

questions?

A. They asked me all the same questions but

different ways.

Q. Okay. And how long before a third person

interviewed you?

A. I think that one was the next morning.

Q. Okay. Where was that? Where did that take

place?

A. On the phone.

Q. Okay. So do you remember much about that

conversation?

A. He was a lot nicer. He told me that my parents

were worried about me. He spoke to my parents. He -- he

showed more concern. Like the other ones, they just

wanted to have -- to know what had happened, but he

wanted to make sure I was okay as well.

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Q. All right. Did the next call -- also the next

day on the phone, did that person ask you everything that

the other two had asked you?

A. No.

Q. Okay.

A. And then he came to meet me in person.

Q. Okay. Did he interview you then in person or no?

A. A little bit, yes.

Q. And that was -- was that still the next day or a

different day?

A. No, that was the next day.

Q. All right. So the same day that he made the

phone call, this person showed up?

A. Yes.

Q. Do you know that detective or officer's name or

anything?

A. No.

Q. And when he met you in person, did he then ask

you what happened the night before?

A. No.

Q. He didn't ask you any follow-up questions or

anything?

A. No.

Q. Okay.

A. He just brought me some stuff that I had asked

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for.

Q. Okay. So that third time wasn't exactly an

interview? It was more like they're checking how you're

doing and bringing you back your things?

A. It was kind of both.

Q. Okay.

A. Yeah, it was a little of both.

Q. So you were asked some questions about the

incident and also your things were returned to you?

A. Yes.

Q. Do you know how long the conversation took?

A. Like 15 minutes.

Q. Okay. And where did that take place, since it

was in person?

A. At the hotel.

Q. All right. And where in the hotel, if you

remember?

A. In the lobby.

Q. Okay. And did you stay at that hotel after that?

A. Yes. But they switched me to different floors.

Q. Okay. So you didn't have to go back to that

room?

A. No.

Q. What about your things? Did you have to go back

and get them?

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A. They couldn't give me back my purse or any of

that other stuff, so I just asked for my flight and my

social security and my ID that was in the purse.

Q. What about your clothes and the items that were

in the room on the fifth floor?

A. Oh, yeah. I went to go get them and switched

them to the room that they gave me on the sixth floor.

Q. All right. And was that the same night or the

next day or when was it?

A. It was all on the same night.

Q. Oh, so then the night of the shooting, you had to

go back to the fifth floor and get your things?

A. Yes. But they kept my purse, so the next day

that's when the other detective returned them.

Q. All right. Did you have to go past the place

where Daniel was shot?

A. Yes.

Q. All right. So your room was further past that

point?

A. Yes.

Q. Okay. And were there other officers still there

that night when you went to get your things or no?

A. Of course. There was an officer on watch where,

yeah, the crime.

Q. All right. Was the body -- had already been

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removed?

A. Yes.

Q. And so you went in and grabbed your things and

went to a different floor, correct?

A. Yes.

Q. Did you ever go back to that fifth floor during

that stay?

A. Yes.

Q. Why?

A. Because I just had -- I had to go walk through

there to get something from the room by myself.

Q. Okay.

A. So I just did it.

Q. Did you ever go back after you cleared out your

things from there?

A. No. I don't think so.

MS. CHARBEL: This is probably a good place

to stop before we --

THE COURT: All right. Thank you,

Ms. Charbel.

All right, ladies and gentlemen, we'll take our

lunch recess. Then we'll resume once again at 1:30.

Please remember the admonition, and we'll recess at this

time. Thank you.

(Whereupon, the trial continued to the 1:30

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p.m. hour.)

THE COURT: All right. We are back on the

record in the matter of State versus Brailsford,

CR 2016-004743. And we'll continue with the examination

of the witness, Ms. Portillo. Thank you.

DIRECT EXAMINATION (Cont'd)

BY MS. CHARBEL:

Q. Good afternoon, ma'am.

A. Good afternoon.

Q. I have a few follow-up questions for you.

Were you searched before the shooting took place

after you were taken behind the other officers?

A. No.

Q. Were you patted down at all to the -- on the

sides and front and back?

A. I don't recall.

Q. Did anyone -- well, did the officer who walked

you away -- did he ask you if you or Daniel had a gun or

a weapon?

A. No.

Q. Did he ask you any questions at all?

A. No.

Q. As far as the distance of the officers to you at

the time that you came out of the room --

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A. Um-hmm.

Q. -- is that -- you said it was maybe four feet and

it could be less than four feet?

A. Yes.

Q. Does that appear -- is that accurate or is it an

estimate?

A. It's an estimate.

Q. How far do you believe four feet are?

A. I don't know. From where I'm sitting to you.

Q. You believe that this is four feet?

A. I'm guessing, yeah.

Q. Okay. So you're not very good with distances,

right?

A. No. Not right now. I'm just nervous.

Q. Okay. All right.

MS. CHARBEL: Your Honor, if I may. I had

spoken with defense counsel, and there's stipulation to

the following exhibits, if I may read them to the Court.

THE COURT: Sure.

MS. CHARBEL: Sixty-five, 59, 69, 67, 68,

70, 66, 71, 168 and 170.

THE COURT: All right.

MS. CHARBEL: May I publish to the jury,

Judge?

THE COURT: Well, first, let me have them

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received. We have 65, 59, 69, 67, 68, 70, 66, 71, 168

and 170, correct?

MS. CHARBEL: Yes.

THE COURT: All right. They are received

in evidence by stipulation. They may be published.

Thank you.

MS. CHARBEL: Thank you, Judge. And I have

shown them to the witness with defense counsel's

approval.

MR. PICCARRETA: Yeah. No objection,

Judge.

BY MS. CHARBEL:

Q. All right. Ma'am, if I could have you look at

that TV monitor right there behind you.

MS. CHARBEL: Your Honor, could you check

with -- make sure everybody sees that.

THE COURT: Yes. Can everybody see the

monitor? Anybody having any trouble at all? All right.

Thank you.

MS. CHARBEL: Thank you, Judge.

BY MS. CHARBEL:

Q. Okay. Ms. Portillo, do you recognize this photo?

A. Yes.

Q. What is it showing?

A. The room and everything in it.

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Q. All right. Would that be Daniel Shaver's room?

A. Yes.

Q. All right. Now, you turned --

THE COURT: For the record -- I'm sorry --

what exhibit is this?

MS. CHARBEL: It's 65.

THE COURT: Thank you.

BY MS. CHARBEL:

Q. We will need you to speak up. You're a little

bit farther away from the microphone.

A. Okay.

Q. Thank you.

All right. So would that be how Daniel's room

looked, to your recollection, on the night of January the

18th, 2016?

A. Yes.

Q. All right. And do you see this item right here

in the front (indicating)?

A. Yes.

Q. What is that?

A. That's the case for the gun.

Q. Okay. And would this be the front door, or is

this one the front door (indicating)? Do you know?

A. That one where the pen is at is the front door

(indicating).

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Q. All right. And earlier, when you described

having to walk over that case to get into the room, is

that where -- is that what you were meaning, that it was

sitting at the very front of that room?

A. Yes.

Q. So in order for anybody to walk in, they would

have had to step over it, correct?

A. Yes. Or go around it.

Q. Or go around it. Okay.

And was that -- was it closed, like it looks like

in this case -- in this picture?

A. Yes.

Q. Okay. This is No. 59. All right. What is that

exhibit showing?

A. His room.

Q. The room as well, correct?

A. Yes.

Q. Was it that dark in the room at the time? Just

lit by this lamp?

A. No. There was light.

Q. Okay. It was brighter?

A. Yes.

Q. All right. And is this your recollection of how

the window looked that night?

A. I don't remember it being like that. I remember

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the curtain kind of being more slid over the part where

it's opened.

Q. All right. So this part of the curtain, the

farthest away in the photo (indicating)?

A. Yes.

Q. That was closer to the -- what looks like an open

window?

A. Yes. Um-hmm.

Q. Is it your recollection, then, the window was

open or was not opened?

A. I don't recall.

Q. Do you recall earlier this morning, when you said

the window was not open?

A. I don't remember it being open, though, like --

like that. I don't remember it being open.

Q. That much?

A. Yes.

Q. All right. So this is Exhibit 69. What are we

looking at here?

A. His room with the window and like everything in

there -- the gun.

Q. Now, when you said earlier this morning that you

used the curtain to get the two gentlemen to move that

gun away, which curtain did you use? The one --

A. Yes. Not that one. The other one (indicating).

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Q. The one furthest --

A. Yes, that one (indicating).

Q. All right. Okay.

So this is the curtain that you used, and your

recollection is it was more towards the center of that

window pane?

A. Yes.

Q. Is that where you left it?

A. What do you mean?

Q. When you moved it. When you used it.

A. Did I put the curtain back?

Q. Yes.

A. Yeah. I just let go of the curtain.

Q. Oh, but you didn't pull it forward?

A. No.

Q. Okay. Let me show you 67. Does this appear to

be a close-up of the area where the window is?

A. Yes.

Q. And your recollection still is that it was not

open this much?

A. I don't -- I don't recall, because I -- I just

remember looking at the window. I don't remember that --

that being open like that.

Q. And so is it your recollection then -- or your

testimony that when you and Daniel left the room, that

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window was closed?

A. I'm not saying it was closed or it was open. I

just don't recall. I don't remember if it was opened or

closed. I mean, I just -- I don't remember.

Q. All right. This is 69. Would it be fair to say

that this is the photo of the other side of that window?

A. Yes.

Q. And is that side -- does it appear to be closed?

A. It looks like it's closed.

Q. Do you know, in your room, if you could open both

sides of that window or just the one?

A. No. Because it wasn't -- it never crossed my

curiosity to open or close the window.

Q. All right. Let me put 67 back.

Were the two men -- Daniel and Luis, were they

closer to this side or to the other side of the window

(indicating)?

A. They were like right in the middle right there

(indicating), but they were, again, a lot closer to the

side where I had grabbed the curtain.

MS. CHARBEL: Your Honor, may she stand and

get closer to the television?

THE COURT: To point out where she's

talking about?

MS. CHARBEL: Yes.

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THE COURT: Sure. Go ahead.

BY MS. CHARBEL:

Q. Ms. Portillo, could you stand on the other side

of the TV, just to the side of it there, and point out to

us where the two men were standing.

A. That would be like right here (indicating), and I

was sitting right here.

Q. Oh, okay. So you were sitting --

A. Because I was able to like grab the curtain, but

they were right there (indicating).

Q. All right. So you were sitting at the corner of

the bed right there (indicating); is that correct?

A. Like -- yeah. Not -- well, like on the corner,

but it was like in the middle. Yeah.

Q. So you were closest to the drapes that you were

pointing to?

A. Yes.

Q. Yes. Okay.

And the men were closer to the center of that

window?

A. Yes.

MR. PICCARRETA: Excuse me, Your Honor.

We're leading the witness on direct.

THE COURT: No. She's reiterating what the

witness said earlier. Overruled.

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Next question.

BY MS. CHARBEL:

Q. So that's when you grabbed that curtain --

A. Yes.

Q. -- and kind of moved the gun away?

A. Um-hmm. Yeah.

Q. Okay. Thank you. You can have a seat.

This is Exhibit 70, 7-0. All right. Does this

look familiar?

A. Yes.

Q. What is that area we're looking at right there

(indicating)?

A. Like where we were socializing.

Q. Okay. Would those be the chairs that you were

talking about, the brown one and the black one right

there (indicating)?

A. Yes.

Q. Exhibit 66. What is this area right there

(indicating)?

A. In between the beds like in his room.

Q. Is this what you remember it looking like?

A. Yeah. Yes.

Q. This is Exhibit No. 71. You had discussed

earlier that you had stepped into a sink area to grab a

couple of glasses. Does that look familiar?

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A. Yes.

Q. All right. Is this the area you were describing

to us earlier this morning?

A. Yes.

Q. This is Exhibit 168. And what are we looking at

here?

A. The room, the table and where everything was

left.

Q. And is this your jacket that you said earlier --

A. It is.

Q. This is the one you said earlier you had left on

the chair?

A. Yes.

Q. And is this the console that you saw in Daniel's

hand earlier?

A. Yes.

Q. Would it be fair to say this is the area where

you were socializing?

A. Yes.

Q. And what about here (indicating)? There's

something, and then there's a placard that says 31. What

is that item?

A. That looks like the gun.

Q. 170 is next. Does that appear to resemble the

gun that you just mentioned?

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A. Yes.

Q. Is this what you recollect it looking like, or

you're not sure or you're positive or what?

A. I'm really not sure. I just remember it being a

gun.

Q. Okay.

A. I don't -- I didn't like really look at it in

detail.

Q. And as you testified earlier -- I don't know if

you mentioned that -- but did you ever touch it yourself

or handle it?

A. Just when I pushed it away from the window, but,

no, I never touched it.

Q. All right. So it was never in both of your

hands?

A. No.

MS. CHARBEL: If I can have one moment,

Your Honor.

THE COURT: Yes.

MS. CHARBEL: No further questions at this

time. Thank you, Judge.

THE COURT: All right. Thank you.

Cross-examination, Mr. Piccarreta.

MR. PICCARRETA: Yes.

CROSS-EXAMINATION

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BY MR. PICCARRETA:

Q. Now, when you left the room to go out to the

hallway, no one opened the window as you were leaving,

correct?

A. No.

Q. So however the room was found after this happened

was the way the room was --

A. That's --

Q. -- when you were in it?

A. Yes.

Q. So if the window was open, that's how it was when

you were there; if the window was closed, that's how it

was when you were there?

A. Yes.

Q. Now, in terms of understanding this, you were out

with Luis --

A. Yes.

Q. -- that night in a group. Came back. And

Daniel's in the hallway holding a bottle; what they call

a handle of Bacardi rum, although must of it empty?

A. Yes.

Q. Invites you and Luis in for a drink?

A. Invites Luis and I for a drink, yes.

Q. Oh, invited Luis in. You just -- you came along?

A. Yes.

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MS. CHARBEL: I'm Sorry, Judge. If I can

just have one second.

BY MR. PICCARRETA:

Q. Okay. You go in the room, and you have some

discussions. And Daniel explains to you that one of the

things he does is he shoots birds in stores like Walmart?

A. Yes.

Q. And then the gun is brought out to show what he

shoots the birds with?

A. Yes.

Q. And Daniel brings the gun out?

A. Yes.

Q. And the gun, although you're not too familiar

with firearms, this looks sort of similar to what they

were using that night?

A. Yes. I remember the scope being on it.

Q. All right. And this thing here is the gun that

Daniel and you say Luis were holding up to their shoulder

pointing towards the window out toward the street with

their eye on the scope, right?

A. I'm saying they were holding a gun. I'm not sure

if that -- if that was the gun.

Q. All right.

A. But I -- I -- I know that they were holding a

gun.

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Q. Well, if this is a picture of the gun that was on

the floor --

A. Um-hmm.

Q. -- that night after it happened, then this would

be the gun, correct? There weren't --

A. Well, I've seen two pictures, so I'm not --

Q. Was there more than one gun, ma'am, that --

A. No, that's the only one I see.

Q. Let me finish.

Was there more than one gun being used?

A. No.

Q. Was the gun that was being used left on the floor

near the window?

A. I don't recall.

Q. All right. Does this picture here refresh your

memory as to where the gun was left when you folks left

the room?

MS. CHARBEL: What exhibit is that?

MR. PICCARRETA: It is Exhibit 163.

BY MR. PICCARRETA:

Q. Do you see what I'm talking about?

A. Yes.

Q. Do you see the window?

A. Yes.

Q. And there was only one gun that was being used,

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right?

A. Yes.

Q. And this is the gun that was on the floor when

the police arrived later that night. Would this refresh

your memory as that's the gun that's being used, or was

there more -- did you see more than one gun?

A. No.

MS. CHARBEL: Your Honor, I'm going to

object. That's been asked and answered already.

THE WITNESS: I've only seen one gun.

BY MR. PICCARRETA:

Q. All right.

A. I just don't remember what --

MS. CHARBEL: Excuse me. There's an

objection --

THE COURT: Hang on, folks. Hang on.

All right. I think the witness testified she

only saw one gun. The question to her at this time is

whether this photo refreshes her memory of where the gun

was at the time.

You can answer that question, ma'am?

BY MR. PICCARRETA:

Q. Where the one gun was left?

A. I don't remember where it was left.

Q. So your memory isn't -- you just don't know

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whether they left a gun on the floor by the window or

they did something else with it?

A. No. Because like I said before, I was also on my

phone because I was trying to not --

Q. All right. All right.

A. -- be rude but avoid the conversation as well.

Q. So you're in the room and Daniel and, you say,

Luis have the gun, and they're looking through the scope?

A. Yes.

Q. And it's facing out toward the window facing the

highway, the swimming pool area?

A. Yes.

Q. And you immediately knew, when you saw that, that

someone outside might be scared had they seen that?

A. Yes. It just didn't look right.

Q. It wouldn't look right to see someone with a

shoulder and a scope holding the gun out, right?

A. Yes.

Q. And, in fact, it looked like to you -- not that

they were going to do it, but it's the same position as

if someone would be shooting a gun, if they chose to,

right?

A. Yes.

Q. Now, do you recall Daniel asking Luis, while this

was going on, Do you want to shoot the gun?

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A. No.

Q. Do you recall him asking that and Luis saying,

That wouldn't be a good idea, and you saying, No, don't

do that?

A. No.

Q. You're saying that didn't happen, or you're

saying I don't remember?

A. I don't remember.

Q. Okay. Now, you were interviewed by

law enforcement that night?

A. Yes.

Q. And it was a tape-recorded statement?

A. Yes.

Q. And you answered those questions truthfully, to

the best of your ability?

A. Yes.

Q. Where your memory was, obviously, better then

than it is now?

A. Yes.

Q. Then you had another little short interview with

law enforcement?

A. Yes.

Q. Then you had a long phone conversation with

Daniel -- the mother of Daniel Shaver's children,

Laney Sweet?

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A. Yes.

Q. That you instituted contacting her, right?

A. Yes.

Q. And you also visited a website that she had put

up, correct?

A. Yes.

Q. And read what was on there, right?

A. Yes.

Q. And then you recall, in this case, that we had a

sworn interview of you where I got to ask you questions

and you were under oath, right?

A. Yes.

Q. And I assume you told the truth in all of those

things too, right?

A. Yes.

Q. Now, you've had an opportunity to review those

matters, haven't you, before today?

A. Yes.

Q. And do you remember in the first interview, you

were -- you told the law enforcement that you knew it

wasn't right, what they were doing with the gun, right?

A. Yes.

MS. CHARBEL: Your Honor, I'm going to

object for -- we need specificity. I don't know which --

Your Honor, which interview it was, what day, who did the

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interviews, et cetera.

BY MR. PICCARRETA:

Q. You were interviewed by the police right after

this happened?

A. Yes.

Q. And it was a taped interview?

A. Yes.

Q. So this is January 18th of 2016?

A. Yes.

Q. And you answered questions. And one of the

detectives, which actually happened to be Detective Sipe,

was asking you questions, right?

A. Yes.

Q. And you answered them to the best of your

ability?

A. Yes.

Q. And you told the detective that night that you

knew it wasn't right, what they were doing with the gun,

pointing it out the window; right?

A. Yes.

Q. And you told them, Don't point it out the window,

right?

A. Yes.

Q. And you even got up and moved it with the curtain

so they wouldn't be pointing it out the window?

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A. Yes.

Q. And you told them that night, too, that you knew

the window was open because you felt the wind. Do you

remember that?

A. I don't recall.

Q. All right. Do you want me to show it to you to

see? Would that help you?

A. Sure.

MS. CHARBEL: No. I have an extra one, but

you have to mark it.

THE COURT: Do you want the clerk to mark

that?

MR. PICCARRETA: Yes. And this is the

interview of Ms. Portillo with Detective Sipe.

THE COURT: Okay.

BY MR. PICCARRETA:

Q. I'm going to show you, Ms. Portillo, what has

been marked as Exhibit 236. And I'm going to refer you

to page 6, line 27 -- 25. Excuse me. Let's read it

together where Detective Sipe asked you, Was -- I don't

know. Are you at line 25? -- Was the window open or

closed?

And you indicated, It was open, but it only opens

to a certain extent, because it allows you --

Then he asked, So the glass pane was open

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106

or just the curtain?

No. The glass pane was open and the screen

was right there where you can feel the wind coming

through.

A. Okay.

Q. Do you recognize those questions and those

answers for your interview that night?

A. Yes. But that -- that -- I also answered because

that -- it just freshly happened, so I was just going

with all the questions that he was asking me.

Q. Well, the only question he asked you is just, Was

the window opened or closed?

A. Yes.

Q. And then --

A. And --

Q. He wasn't suggesting the answers to you, was he?

A. No, he wasn't.

Q. And you told him it was open and you could feel

the wind coming through. You told him that that night.

A. Okay.

Q. Now, also that night they asked you about Daniel

getting shot. And you indicated, He was shot because he

didn't follow protocol.

A. Okay.

Q. That's what you told them.

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And when asked if you thought he was armed, you

said you don't know what he had on him because you came

out first?

A. Yes.

Q. Now, then later you had a conversation with the

mother of Daniel Shaver's children?

A. Um-hmm. Yes.

Q. You reached out to her, right?

A. Yes.

Q. And you discussed a lot of things, but you also

told her during an interview at the end, that you would

love to stay in touch with her and you would love to help

her, right?

A. Yes.

Q. Now, when you came in the room, in this -- in the

case where there was the gun, you smelled a dead animal

that turned out to be a bird of some type?

A. No, I didn't smell it as soon as I walked in.

It's when he opened the case.

Q. You smelled it when he opened the case, and saw a

dead bird?

A. I didn't see it. It was in a bag.

Q. All right. And then you were told that's what it

was?

A. Yes.

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Q. And that brought to the discussion of what he did

for a living?

A. Yes.

Q. Now, you also felt at that time that Daniel was

not being careful with the firearm, correct?

A. Yes.

Q. And especially because you knew that he had

consumed alcoholic beverages?

A. Yes.

Q. And you didn't agree with consuming alcoholic

beverages and brandishing firearms, correct?

A. Yes.

Q. But he was able to communicate with you. You

were able to have discussions?

A. Yes.

Q. And you talked. He responded appropriately?

A. Yes.

Q. Answered questions when you had questions. You

had, you know, a discussion?

A. Yes.

Q. You got the impression he was comprehending what

you were telling him, and you were comprehending what he

was saying?

A. Yes.

Q. You know, but you particularly that night became

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concerned on how it might look from the outside looking

in when Daniel and Luis held the gun shouldered looking

through a scope?

A. Yes.

Q. Pointed toward the highway?

And you were concerned about that before the

police arrived. You were concerned right when it was

happening?

A. Yes.

Q. And that's why you interceded?

A. Yes.

Q. Now, and then you became also concerned that

night while this was happening for others outside the

room, that they might get scared seeing that?

A. Of course.

Q. All right. And, now, Luis left and you stayed,

right?

A. Yes.

Q. And while you were -- while you were there, were

you -- do you recall whether or not you or Daniel, but

probably you, called the front desk and asked the front

desk if you were on lockdown?

A. No, I don't.

Q. Or made any inquiries about what was going on?

A. No.

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Q. Did Daniel do that in your presence, or did you

do that in his presence?

A. I -- I didn't see him do that in my presence, and

I didn't do that.

Q. And you're saying you didn't do that, not that

you don't remember doing that? Or are you?

A. I don't remember doing that, and I don't think I

did that, no.

Q. And do you remember asking -- when they wouldn't

give you an answer asking for the name of the hotel staff

on the other end of the phone? And when they wouldn't

give you her name, getting angry with her and slamming

down the phone?

A. No.

Q. And Daniel didn't do that in your presence?

A. No.

Q. But if something like that happened from that

room, there were only two people there --

A. Yes.

Q. -- you and Daniel?

And do you have a recollection of someone from

the hotel coming up to the room, the door being ajar, and

making some inquiries and Daniel shutting the gun case

and asking the person words to the effect, Why are you

bothering me?

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A. No.

Q. Are you saying you don't remember that or that

did not happen?

A. That didn't happen.

Q. Did not happen.

And you recall, when I took the sworn statement

from you, you acknowledged that initially you told the

police you did not see Daniel get shot, right?

A. Well, I see -- I did see it. I did see -- I

closed my eyes on -- when they were going to shoot him.

I knew that they were going to shoot him.

Q. And did you see his hand go to the back and then

move up?

A. I seen his hand go to the back, and they didn't

let him move his hand so far up because they already had

shot him.

Q. Did you see his hand go to the back before he was

shot?

A. Right when they were going to -- right when he

was going to put his hand to the back, they were -- they

were already shooting him.

Q. Right.

And I'm asking you, did you see his hands go to

the back?

MS. CHARBEL: Your Honor, I object. That's

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been asked and answered. She just answered.

THE COURT: No. She kind of answered a

different question.

Ma'am, listen to the question.

State it one more time, please.

BY MR. PICCARRETA:

Q. Did you see, when he was coming to the police,

his hand go to the back? Did you see that movement is

what I'm asking you?

A. Yes.

Q. You did.

And I'm going to mark the deposition transcript.

MS. CHARBEL: Mike, what is that?

MR. PICCARRETA: The deposition.

BY MR. PICCARRETA:

Q. And you remember you came to my office, and we

had a court reporter and the prosecutor was there and I

was there and we asked you questions under oath?

A. Yes.

Q. And you remember being sworn?

A. Yes.

Q. Now, I call your attention to page 33 of your

deposition, line 22.

MS. CHARBEL: I'm sorry. What's the

exhibit number?

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MR. PICCARRETA: 237.

MS. CHARBEL: Thank you.

BY MR. PICCARRETA:

Q. And let me read this to you.

A. Thirty-two?

Q. Line 22, yes.

It says, Did you see him reach behind his back?

Your answer, I seen him crawling. I did see just

a lot -- a lot of movement. I don't recall seeing him

reach behind his back.

Did I read your words correctly what you told us

under oath?

A. Yes. But you're asking me in detail, and I'm

telling you in detail what I did see.

Q. Well, all I'm asking you is, did you just tell me

-- when I asked you, Did you see him reach behind his

back? you said you saw him crawling, you could see just

a lot of movement, you don't recall seeing him reach

behind his back. That's what you've told us.

A. Well, he didn't have enough time to reach behind

his back when he went like this (indicating) and they

just shot him, so I didn't actually see him go all the

way behind his back.

Q. Oh, so you're telling that your answer was, I saw

his movement, I just didn't see it go behind the back?

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A. Yes.

Q. Did you tell law enforcement, when you were

interviewed by them right after this happened, that you

saw his hand reach to the side?

A. There was just so much, just like now, and --

Q. But not my question, ma'am. Is did you tell law

enforcement that when you were interviewed that night?

A. I don't recall.

Q. All right. You read your -- you read your

statement ahead of time?

A. I did.

Q. And you'd agree that there's no mention that you

saw his hand move to the side or his back in your first

statement?

A. It's too much right now for me. Like all this

just coming back. I just -- I think that I need to take

a break.

Q. Well, my question is, you didn't tell him that

night, for whatever reason, correct?

A. I don't know. Just right now, I don't recall.

Q. Now, when you came out of the room, you realized

this was a serious matter?

A. Yes.

Q. And when you came out, you had in the back of

your mind that maybe the police are there as a result of

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the gun incident?

A. Yes.

Q. Correct?

A. Yes.

Q. And then you saw law enforcement officers there,

some of them with weapons drawn, right?

A. Yes.

Q. And you knew that you had to follow whatever the

commands were, correct?

A. Yes.

Q. And you listened really carefully to them, right?

A. Yes.

Q. And you followed the commands, and you were taken

into custody without any incident, right?

A. Yeah, yeah.

Q. Now, you also heard that night the officers give

commands to Daniel, right?

A. Yes.

Q. And they were commands to, essentially, not put

your hands where you can't see them, right?

A. Yes.

Q. And those commands to just don't keep your --

don't put your hands where we can't see them was made a

few times, right?

A. I -- I don't recall. It was just -- it happened

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so fast. I was trying to listen to everything at one

time.

Q. Right.

But you heard them tell them on at least some

occasions that night?

A. I heard twice, maybe. Like I just --

Q. I beg your pardon?

A. I heard twice.

Q. All right.

A. Like I heard them say it more than once.

Q. All right. Twice.

And that's why when you told the police that

night he was shot, that he got shot because he didn't

follow protocol, that was the thought process you had in

your mind that night, right?

A. Yes. I was scared.

Q. And you followed all the protocol?

A. Well, yeah. You have a gun pointed to you,

several guns, of course you're going to --

Q. My question was, ma'am. You followed all the

protocol?

A. Yes.

Q. And you were unharmed, right?

A. Yes. I was unharmed physically.

Q. All right. Now, when you came out of the room

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with Daniel, the police -- whatever the distance was, it

was -- it was in close proximity, right? They weren't

that far away from you?

A. Yes.

Q. And the hallway is not that wide?

A. Yes.

Q. And the police were sort of across the hallway,

right?

A. Yes.

Q. And, now, you haven't had the opportunity, nor do

you want it, to see the actual video of that night,

right? So you're explaining this from your memory, not

after studying the video and telling us things, right?

A. Yes.

Q. And, now, the length of time, from the time

Daniel brought the gun out, to the men at the window,

shoulder and pointing out the window --

A. Um-hmm.

Q. -- to you telling them that this looks bad,

pushing it, to them finally putting the gun away, that

was what (indicating) five minutes? three minutes? two

minutes? six minutes?

A. Yeah. Like about five minutes.

Q. Okay. And --

That's all I have.

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A. Okay.

Q. Thank you.

THE COURT: All right. Thank you,

Mr. Piccarreta.

Redirect from the State.

MS. CHARBEL: Thank you, Judge.

REDIRECT EXAMINATION

BY MS. CHARBEL:

Q. Where did you get that word, protocol?

A. I don't know. It's just something I probably

read. I don't know like someplace black ops?

Q. Black ops?

A. Yeah.

Q. So you don't really know what protocol means, as

far as law enforcement, right?

A. Of course, yes.

Q. Because you've never been a police officer or

anything?

A. No.

Q. When you had the conversation with Laney Sweet

and you told her, as defense counsel said, that you would

love to help her, does that mean you were going to lie to

her on the stand?

A. No.

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Q. Kind of lie for her for any reason?

A. No.

Q. Make up any stories?

A. No.

Q. Exaggerate anything that happened?

A. No.

Q. Or not say things that happened?

A. No.

Q. Now, Detective Sipe, he's the one who interviewed

you. Did he read you your rights?

A. Yes.

Q. And he had you in handcuffs still?

A. I was in the back of the car, so yes.

Q. So you were in handcuffs, and he read you your

rights. So did you feel at that time that you might be

in trouble still?

A. Well, yeah. You're in handcuffs.

Q. Now, did you have any concerns, when you were

talking to Detective Sipe, that here he is investigating

one of his own officers who did the shooting? Did you

have any concerns about that?

A. No.

Q. You were not concerned about telling him the

truth or being honest with him?

MR. PICCARRETA: Asked and answered,

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Your Honor.

THE COURT: Overruled. She can answer the

question.

BY MS. CHARBEL:

Q. You were not concerned about being honest with

him and telling him what happened?

A. I was honest with him, and I did tell him what

happened honestly.

THE COURT: The question, ma'am, was, Were

you concerned at all about it?

THE WITNESS: Well, yeah.

MS. CHARBEL: Okay. Thank you, Judge.

BY MS. CHARBEL:

Q. So you and Daniel had discussions where he

responded to you appropriately, correct?

A. Yes.

Q. As defense counsel said, you had no trouble

understanding each other, correct?

A. Yes.

Q. Now, you weren't, by any chance, holding a gun to

him, were you?

A. No.

Q. And he was not -- you were not screaming at him,

were you?

A. No.

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Q. The officers had guns at him, and they were

screaming at him, correct?

A. Yes.

Q. Did you feel some confusion yourself when they

were screaming at you or some screaming at him as well?

A. I was just more scattered and scared. You know,

I didn't know why.

Q. Did you feel like your brain was a little

scattered when you were being screamed at?

A. Of course.

Q. Do you recall Sergeant Langley saying to you,

when you guys first stepped out, If you make another

mistake, something bad's going to happen?

A. They were just saying a lot of stuff, that wasn't

very nice.

Q. You don't recall that particular deal?

A. No, I don't recall.

Q. Okay. Did you feel that you made any mistakes

before you came out of the room?

A. No.

Q. During the questions about where Daniel's hand

was when he shot, is it your -- was it your testimony

that the officer shot him before he reached the back of

his waistband?

A. Yes.

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Q. Oh, as far as the -- do you recall how long --

how long the gun -- the rifle was being held at the

window, like pointing towards the window?

A. Maybe like two minutes, five minutes. I don't

know. I was on my phone, and I was -- I was on my phone

trying to monitor -- monitor them at the same time as

well, like a mom. Like I was just on my phone looking --

Q. All right.

A. -- at them, looking at my phone, looking at them;

so I don't know.

Q. As far as the -- so you never really saw them, in

the sense that you could time it, as far as how long that

gun was pointing out of the window?

A. Yes.

Q. And it was never pointed outside? I think we've

already established that, correct?

A. Yes, it was never pointed outside.

MS. CHARBEL: All right. Thank you,

Your Honor. That's it.

THE COURT: All right. We have a couple of

jury questions.

Counsel, if I can see you at the bench, please.

(Whereupon, the following bench conference

commenced outside the presence of the jury:)

THE COURT: Try not to bump the papers

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against here because it goes into the court reporter's

ears.

MS. CHARBEL: That's fine.

MR. PICCARRETA: Yeah.

THE COURT: There's three questions here.

MR. PICCARRETA: Yeah, that's fine.

MS. CHARBEL: That's fine. It's good.

I'm sorry, Judge. What was the number on

that -- on that question?

THE COURT: This one?

MS. CHARBEL: The other one with the three

questions. Do you have a number for them?

THE COURT: No.

MS. CHARBEL: If she --

MR. PICCARRETA: They want to know whether

she --

MS. CHARBEL: What they said -- do you want

her to ask her that?

MR. PICCARRETA: Yeah, he can ask her.

MS. CHARBEL: That's fine.

MR. PICCARRETA: Judge, how did --

THE COURT: On this one? I don't know that

she's going to remember.

MS. CHARBEL: Right.

THE COURT: You guys are going to have to

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know whether or not --

MS. CHARBEL: Yeah. I have no objection to

not asking her.

MR. PICCARRETA: Yeah, that's fine. I

don't care.

THE COURT: Okay. Let me just ask if she

remembers. If she doesn't remember, she doesn't

remember.

MS. CHARBEL: Okay.

MR. PICCARRETA: Judge, just for the

record, all of these questions are going to be made part

of the record. Are they identified by numbers or -- how

do we --

THE COURT: I haven't numbered them. If

you want us to number them at the end of the day, then

keep a running total, we can do that.

MR. PICCARRETA: Or maybe if we have an

objection to something, we'll just --

THE COURT: Well, if you have an objection

to anything, I'll note it on the document itself.

MR. PICCARRETA: Okay.

MS. CHARBEL: Okay.

THE COURT: Okay.

(Whereupon bench conference concludes.)

THE COURT: All right. We have a couple of

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questions, Ms. Portillo.

Do you remember if you made a statement in your

deposition about calling the front desk and asking about

the hotel being on lockdown?

THE WITNESS: No, I don't.

THE COURT: With the hotel door open, not

completely closed, you never heard officers giving

commands from the hallway before you left the room?

THE WITNESS: No.

THE COURT: Did the noise level change in

the room once Luis Nuñez walked out of the room to take

his phone call.

THE WITNESS: Yes. It got a little

quieter, but that was just because he's just a loud

person himself. So as soon as he left, yes, it was a lot

quieter. But we were still holding a conversation.

THE COURT: All right. So the noise level

was not the same as when he was in the room, correct?

THE WITNESS: Yes.

THE COURT: It was quieter?

THE WITNESS: Yes.

THE COURT: During your stay at La Quinta,

did you ever hear any hallway noise outside of this

event?

THE WITNESS: No. Just like traffic, like

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if people were going in and out of their rooms or just

normal traffic.

THE COURT: Were you aware that

Daniel Shaver walked out shortly after you and the

initial instructions from the police were directed

towards both of you?

THE WITNESS: No. It was me first and then

him, but he -- he stayed in a little longer than I came

out.

THE COURT: Do you know how much longer he

stayed in?

THE WITNESS: No.

THE COURT: All right, ma'am. Those are

the questions we have from the jury. Thank you very

much. You may --

MS. CHARBEL: Your Honor, I'm sorry. May I

follow up on a couple of questions just directly from the

questions from the jury?

THE COURT: On which ones?

MS. CHARBEL: On the last two questions

about whether she can hear anything from the hallway.

THE COURT: Go ahead.

MS. CHARBEL: I just have, actually, one

question.

BY MS. CHARBEL:

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Q. Did you have any reason not to come out?

A. No.

Q. That's all. Thank you.

MR. PICCARRETA: And I just have one.

BY MR. PICCARRETA:

Q. In this night in January, was the air conditioner

on?

A. I don't remember it being on.

Q. Okay.

THE COURT: All right. Thank you very

much.

All right. Then, Ms. Portillo, thank you very

much. You can step down.

Any reason why she may not be excused?

MS. CHARBEL: No, Your Honor.

MR. PICCARRETA: No.

THE COURT: Ms. Portillo, thank you very

much. You are excused.

(Witness excused.)

MS. CHARBEL: Can I talk to her for a

minute, Judge, or take the afternoon break or if you want

to wait another five minutes?

THE COURT: All right. We'll take our

break at this time.

All right. Ladies and gentlemen, we'll take our

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mid-afternoon break and resume once again at 3:15.

Thank you.

(Whereupon a recess was taken, after which

the following proceedings were had herein:)

* * * * * * *

Case 2:18-cv-00178-SRB Document 53-1 Filed 01/16/19 Page 129 of 129