Phone incident

**Phone incident**, also known as **Assault incident #14**, refers to the last incident Johnny Depp physically hit Amber Heard. The incident took place on May 21, 2016 in the couple's home, Penthouse 3, at the Eastern Columbia Building in Los Angeles.

## Lead-up and outcome

Depp threw an iPhone at Heard, allegedly smashed items, and kicked a hole in a door at their apartment. After this, Heard filed a petition for the dissolution of her marriage and applied for a domestic restraining order against Depp.

After not seeing Depp since her birthday party a month prior, the couple was officially moving to separate. Depp came to one of his penthouses to get some things. Heard decided to meet him there so they could talk.

### Heard's account

When Depp arrived, he was drunk, high, and still angry about the incident with the faeces on the bed which Heard informed him she was not responsible for. Depp then told her that Kevin Murphy had reported her calling the incident a “harmless prank,” and she called Murphy to confront him.

As the argument continued, Heard became concerned for her safety and texted her friend Raquel Pennington to come over. Depp was convinced that Heard’s friend iO Tillet Wright had left the poop. Heard called Wright and placed him on speaker phone. Wright called the accusation “ridiculous,” after which Depp became enraged, screamed insults at Wright, then threw the phone to the ground and went upstairs.

When Depp returned, Heard was still on the phone with Wright. Depp then grabbed the phone again and threw it at Heard’s face. After throwing the phone, Depp grabbed Heard by the hair. She yelled “call 911” in hopes that Wright would hear. Wright called the police from New York and gave them Heard’s location in California.

Pennington arrived on the scene shortly after. Heard managed to free herself from Depp’s grasp and ran to the other side of the room. Depp ran after her, however, Pennington got between the two and put her arms out to separate them. Depp then grabbed Pennington’s arms and began shouting at her. Heard collapsed onto a couch. Depp grabbed a bottle of wine and took swigs out of it while smashing various things in the apartment.

Jerry Judge and Sean Bett, two of Depp’s security guards, then came onto the scene. Heard believes that they had been staying in a separate apartment while she and Depp argued. Heard yelled at them to help her and said she would call the police, after which the guards led Depp out of the room. As he left, Heard could hear Depp damaging other things in the apartment as well as the neighboring apartment where some of Heard’s possessions were stored.

Pennington's then-fiancé, Josh Drew, arrived a little later and took photos of the damage in the apartment as well as the injuries to Heard’s face. He was accompanied by another woman, Elizabeth Marz.

Two police officers arrived around 9pm. Heard decided not to make a statement as she did not want information about the dispute leaked to the media. Later, around 10:28pm, two different officers arrived and briefly walked through the apartment. Heard, Marz, Drew, and Pennington had already cleaned up a majority of the damage.

### Depp's account

When Depp arrived at the apartment, he was still angry about the incident involving the faeces, however, he did not assault Heard at any point. He came to the apartment to collect some things and inform Heard that he would be filing for divorce.

Heard then called Wright and began talking loudly on the phone in mocking and goading terms about the defecation incident.

Heard did text Pennington to come over in the midst of their argument, but this was all a part of Heard’s hoax. Pennington was actually in the home already, waiting for Heard to text her and stage their set-up.

When Pennington entered the room, Depp was about 20 feet away from Heard. At this point, Heard began yelling, causing Depp’s bodyguards to enter the room. When they arrived, Heard and Pennington attempted to feign crying. Heard then started saying things such as, “You better not ever hit me again,” despite the fact that he had not hit her.

Heard created the scene as a way to frame Depp for abuse. She and her friends also created the damage within the home as it appears in Heard’s photographs since Depp had not damaged the apartment during his visit.

Footage of Depp in the building’s elevator shows him neither noticeably inebriated nor holding a bottle of wine.

## Witnesses

### Pennington's account

Raquel Pennington was with Heard earlier in the day when Heard got a text from Depp saying he was going to get some things from Penthouse 3. Heard decided she was going to meet him there and talk to him. Pennington was concerned about this plan but Heard assured her that she would communicate with her throughout the night to ensure her safety.

Around 8:06pm, Heard texted Pennington and told her to come right away. When Pennington arrived, she could hear Depp yelling loudly through the door, but forgot her keys and had to go back to Penthouse 1 to get it. Pennington did not see Depp’s security guards in the hallway.

When she entered the premises, Heard was holding her face and head in her hands as Depp screamed at her. They were about 12 feet apart. Heard asked Pennington to call for help, saying that Depp had hit her with a phone. Depp responded something along the lines of, “She’s a fucking liar. Get the fuck out of here. Oh, poor her. A little phone hit you. Poor fucking you. Oh, oh, so sorry.” Depp began walking toward Heard, prompting Pennington to get between the two of them. He continued yelling and mentioned a DNA test, likely referring to the faeces he believed had been left by Heard or her friends.

Eventually, Depp’s security guards entered the room. Depp then said, “This fucking bitch. She thinks that I hit her. She’s fucking insane.” Heard threatened to call the police while Depp continued to deny any physical violence had occurred and said he had just “tossed” a phone. One of Depp's security guard, Judge, escorted him out of the room. Depp continued smashing things in the apartment with a wine bottle in his hand. His security did nothing but stand behind him. No effort was made to restrain him and no acknowledgment was made of the violence.

Pennington and Heard went back to another penthouse while Drew checked the others to ensure Depp had left. After that, Pennington checked Penthouse 3 as well as Penthouse 1. She discovered broken belongings, including Pennington’s beads that had been thrown against a wall. Heard’s belongings had been ransacked, framed photos had been smashed, and there was broken glass on the floor.

Heard had an injury to her right eye as a result of the phone being thrown at her. There was redness and swelling. Pennington and Drew took photos of Heard’s injuries and the property damage. Two police officers appeared on the scene, a man and a woman. They saw the damage in the apartment but Heard declined to make a statement. Later, two other officers arrived. They informed them that the first pair of officers had already swept the scene and again declined to make a statement.

### Drew's account

On his way to the scene, Josh Drew and Marz encountered Depp. Depp yelled expletives at Drew before leaving the property with his security guards.

Drew arrived at Penthouse 3, shortly after Pennington and Heard retreated to a separate apartment. When Drew located Heard and Pennington, Heard was visibly shaken. Depp had already left and Drew dead-locked the door.

Heard still had Depp’s cellphone which he had thrown at her. 5 minutes later, Judge called the phone and said Depp had left it at the apartment. Drew returned it to Judge downstairs. Judge asked Drew if Heard was okay, to which Drew said something along the lines of, “Are you fucking kidding me? He beat the shit out of her and you guys stood by and watched it.” Judge then said that it was not his business and something along the lines of, “They’re husband and wife. He barely touched her.” Drew was dismissive of these comments.

Drew met with the police about 15 minutes later and showed them the property damage around the apartments. After the police officers left, he and Pennington took photos of the damage. The group then cleaned up the broken glass so the dogs wouldn’t get hurt. Later, Drew greeted the second pair of police officers.

### Marz' account

Elizabeth Marz, who was with Drew, but did not know Depp, briefly crossed paths with Depp when they were heading towards Penthouse 3. Marz witnessed Depp flailing around with a big bottle of wine and yelling. He was visibly intoxicated.

When Marz arrived on the scene, she noticed the damage done to the apartment, specifically wine spilled on the floor. Heard’s face was red, puffy, and swollen.

### Wright's account

At 8pm, Heard texted iO Tillet Wright and asked him to call her, which he did. Heard explained that Depp was convinced that he and Heard had defecated in his bed as a prank. Wright started laughing at the absurdity of the situation, which Depp heard because the phone was on speaker. Depp then walked away, as Wright was told by Heard.

Wright asked Heard why she was in the same apartment as the man who had physically assaulted her in the past. Heard explained that Depp’s mother had died and she was worried about him, and also that he needed some items from the house before going on tour with his band.

Wright then heard Depp coming back down the stairs. He picked up the phone and started yelling expletives at Wright. Over speakerphone, Wright told Heard that she should get out of the house. Wright then heard the phone being thrown. Heard picked the phone back up and explained that Depp had thrown it directly at her face. Wright then heard Depp say, “Oh you think I hit you? What if I pull your hair back?” The phone then dropped. Wright heard Heard shriek and yell at him to call 911. He hung up and texted Pennington to tell her that she needed to immediately go to the apartment Depp and Head were in. Wright then called 911.

### Bett's account

Sean Bett and Judge had accompanied Depp to the apartment building. According to Bett, Depp was sober. While Depp went into the apartment and spoke with Heard, Judge and Bett stayed outside in the hallway. Some time later, they heard yelling and entered the apartment. Bett saw that Depp and Heard were about 20 feet away from each other.

Heard was wearing little or no make-up, her skin was quite pale and she had no red marks or evidence of any bruises or abrasions to her face or body. Bett did not notice any smashed glass or broken bottles in the apartment. Bett also never saw Pennington enter the apartment.

### Judge's account

Jerry Judge and Bett had accompanied Depp to the apartment building. According to Judge, Depp was sober. While Depp went into the apartment and spoke with Heard, Judge and Bett stayed outside in the hallway. About 30 minutes later, they heard yelling and entered the apartment. Heard was screaming at Depp, who was about 10 feet away from her. Judge encouraged Depp to leave.

He did not see Depp damage anything in the apartment, nor did he see any marks or injuries on Heard’s face or body. Judge also never saw Pennington enter the apartment and he never heard Heard accuse Depp of throwing a phone at her or threaten to call the police.

### Murphy's account

Kevin Murphy received a call from Depp and Heard on May 21st during which the couple was on speaker phone. Depp asked him to repeat what he’d said about Heard admitting to leaving the faeces on the bed as a “harmless prank.” When Murphy repeated the claim, Heard called him a “fucking liar” multiple times. Depp could be heard on the phone telling Heard to not speak to Murphy that way and to “be respectful.” Heard would not stop yelling, prompting Murphy to hang up the phone. He received multiple phone calls from the same phone number immediately afterward but did not answer.

Later that night, Depp called Murphy to apologize. Depp seemed sober, lucid, and calm, however tired and sad.

### Saenz' account

When the two officers Melissa Saenz arrived, Heard did not appear to have any sign of injury to her face. There was redness on her cheeks, but this was attributed to crying. The apartment was well-lit and there did not appear to be any damage and no broken glass.

### Baruch's account

On the night of the incident, Isaac Baruch entered the building around 9:30pm. In the hallway, he noticed that there was broken glass on the floor from a broken sconce that hung on the wall and a large puddle of spilled wine directly in front of the door of Penthouse 1. There was also wine splashed on the walls.

Drew then opened the door of the apartment and stepped out far enough to speak with Baruch, but did not open the door wide enough for him to see inside the apartment. When Baruch asked what happened with the wine, Drew replied something to the effect of, “We kind of had a rough night.” He looked stressed and worried. Baruch said goodbye after Drew declined an offer for assistance and went back to his apartment.

Baruch saw Heard on May 22nd, the day after the incident. She told him that Depp had thrown a phone at her face and pointed to the area that she alleges the phone hit her. Baruch was about 12 inches from Heard’s face and did not see any injury. Heard did not seem to be wearing any makeup at this time of day that could cover any marks or swelling. In the days following this event, Baruch saw Heard a few more times and still did not see any injuries to her face.

### Henriquez' account

Whitney Henriquez saw Heard the following day. Heard’s eye was bruised and swollen, her lip was busted open and a chunk of her hair was missing.

### Harrell's account

Cornelius Harrell was the concierge on duty on May 22nd, the day after the incident. Heard came to the front desk at about 1pm. She appeared to be wearing minimal or no makeup and did not have any noticeable bruises, cuts, swelling, red marks, or any other injuries of any kind on her face or body.

### McMillen's account

Samantha McMillan saw Heard on May 24th, 3 days after the incident. According to McMillan, Heard was not wearing make-up and there were no visible marks, bruises, cuts, or injuries to her face or any other part of her body.

### Vargas's account

Hilda Vargas saw Heard on May 24th, 3 days after the incident. Her face was pale and she did not appear to be wearing any makeup. Vargas saw no bruises or marks of any kind.

### Esparza's account

Trinity Esparza was working at the front desk of the building on May 23rd, 24th, and 25th, days after the incident and saw Heard pass through the lobby multiple times. At no time did Heard have any noticeable injury to her face. Heard only rarely wore make-up.

### Romero's account

Alejandro Romero was working at the front desk of the building on May 25th, 4 days after the incident, when he had a brief conversation with Heard. Heard was standing about 3 feet away from him and he did not notice any bruises, cuts, swelling, red marks, or any other injuries of any kind to her face.

Heard then asked Romero to search the penthouse to make sure that no one was there and that it was safe. She and Pennington accompanied him while he searched for about an hour.

## Trials

### UK trial

The judge said: “There is evidence which I find compelling of witnesses who saw Ms Heard with injuries to her face and who took photographs of these.”