CROSS EXAMINATION: Mr. Guy Q: One shot not ill will? Did you hear him call TM as asshole and f'ing punk? Was that not ill will ? A: Too much weight given to that. His statement addresses the ones got away not TM. Frustration was voiced was about others. In and of itself ill will. Q: Did he call you an ass? (wouldn't dare) A: No. Q: Did he ever use the word? A: No q: So the user makes gun safe? A: Responsible user is the safety. Reckless is dangerous.
Mr. Root has been consulting since 2011 Tactical Advantage Solutions and since 2013 Dennis Root and Ass's. Q: So you knew you would get coverage for your company. A: No question this case gets coverage but if you know me you know I'm after the truth. He contacted O'Mara but if he could not help he could walk away. He has told clients that he is on this case. No pay yet and maybe not ever. Some things for free, it's a case by case thing. Normally he gets 1500 initially then 125 per hour for investigation. For depos and court 175 an hour. This is his first civilian self defense jury trial as an expert. He's never had to use deadly force. Never killed anyone.
He Interviewed GZ . Q: GZ said he was out of the vehicle to get street address but never told address. A: He said have them call me I'll tell them where to meet me. Close in time till he met TM. He goes on, GZ's statement have small weight in calculations. It's the totality of circumstances. He was the only first hand witness. DA tries to establish when TM's phone went dead. Mr. Root saw no weight in that time. Q: Hear Rachel Jeantel where she says his phone went dead? A: There are questions arising out of that space. Her time line was not logical. Onward, GZ didn't mark any diagram. Thinks TM approached from front. Didn't ask which hand punched him. Time is fluid so perception of time is individual. From punch to end, no time inquiry of GZ? Evolution of event is how it began and how it transitioned. He didn't ask how flashlight or keys were lost. He saw photos. Flash light could be used as impact weapon. Didn't ask how many times his head was slammed into concrete. GZ doesn't account for total weight of opinion. Perceptual distortions a concern. Cause of hitting cement could vary. It could be pushing or hitting but his head hit cement Did not ask about blood into nose or eyes. He saw photos. Then a series of "You didn't ask this that and the other thing A: I didn't ask about a lot of things. Q: If TM had lived is his vantage point important too? Of course. (Duh.) Where was TM straddled on GZ? A: In the area of belly button. Brings out a dummy and Guy gets on dummy. Q: In that position gun would be under inner thigh. Then Guy moves around on the dummy and asks “Where would gun be now? .... and now? A: GZ said he was sliding down and jacket pulled up exposing gun. Situation was fluid and TM was not always in same position. Interactive. Trajectory angle consistent with different movements. GZ is only person there at moment. q: If TM backing off could that be consistent with angle of trajectory? A: 90* angle to what? If TM more vertical, not possible. There would have to be mutual movement to maintain relativity. Could it happen, sure. Here, contact wound to clothing not to chest. Didn't go to scene in dark. TM never touched gun. Q: GZ told someone else TM touched gun A: No matter. He didn't give weight to hearsay. (He's getting sharp with Mr. Guy) If TM was disengaging if he were backing away didn't GZ have options in force continuum. GZ had other options. A: No. We can create scenarios but there was a reality and GZ was in it. His action was appropriate.. Info meshes together. John Goode says the guy on the bottom was screaming but even if he's on top he's holding a guy down who was fighting him. GZ was not trained in fighting. No one on one control tactics so options limited. Always options. He tried to get loose, he called for help, tried to fight so he did try to use options. Verbal component is always a means to de-escalte situation. DA wants to say GZ could have introduced himself. A: We all might have done it differently but he was there. He called in. 'Know something, say something.' Doesn't change event. TM played football in middle school so he thinks he was "active." 71" 155 pounds. GZ had taken courses to get permit, so shouldn't he have told cops on phone he had a gun? A: Not on phone, in person you disclose. Q: In GZ's hand written statement he says TM was " suspect." A: Also a crime prevention tern. "Other person, the bad guy.
RE-DIRECT: Is concrete is weapon? Culmination of downward force. Punches would drive the head down. Every time. Marks on GZ's head indicate downward force to cement or punches. GZ is moving and turning his body. Possible TM was moving away? If bodies stay parallel to each other possible. GZ doesn't get much weight as to how gun got into GZ's hand. O'Mara is now on the dummy to show at which positions gun was available to GZ to draw. Anything can be a weapon. Improvised Weapons training teacher. Did not see injuries on TM except hands (and gun shot). Q: Why didn't GZ land a blow? A: He was screaming. He was incapable of responding. Maybe hands were busy. Non emergency call shows he's concerned about suspicious person. He is not a confrontational person. He gets out of the car because TM is running so no danger. When confronted he is soft.
SPECIAL LUNCH FOR JURY.