0 THE COURT: Thank you, sir. You're excused. (Witness excused.) THE COURT: Next witness. MR. STROLL: Yes, Your Honor. Darrion tes, -T-E-S, Darrion tes. THE COURT: Darrion tes. MR. STROLL: Judge, may I have a moment to talk to opposing counsel? THE COURT: Be sure to turn off your microphone. Mr. tes, if you'll come forward for me, please, sir. ll the way to the front. Thank you, sir. If you'll raise your right hand the clerk's going to administer the oath to you. DRRION TES, having been produced and first duly sworn as a witness on behalf of the State, testified as follows: THE WITNESS: So help me God. THE COURT: ll right, sir, if you'll come right around this way and have a seat for us. Mr. Strolla. MR. STROLL: Thank you, Your Honor. If it may please the Court? THE COURT: Yes, sir. DIRECT EXMINTION BY MR. STROLL:
0 Good afternoon, sir. How are you? Doing well. Could you please introduce yourself to the jury? Darrion tes. nd could you spell your first name for Madam Court Reporter? 0 Reporter? Yes, D--R-R-I-O-N. Okay. nd your last name for Madam Court -T-E-S. nd, Mr. tes, how are you employed? Full-time. Where are you employed? Gate Petroleum. Okay. Were you employed with Gate Gas Station November rd of? Were you employed at the Gate Gas Station where this shooting went for this case? video? Were you present that evening? Okay. So you had been on the surveillance
Did you have a chance to watch that? No. You have not watched the video? No, I have not seen the video. Okay. Do you know -- how long have you worked at Gate Petroleum? It will be three years in pril. Okay. nd are you aware that Gate Petroleum 0 has video surveillance inside? Does it also record audio? Okay. nd in terms of that evening were you -- were you working -- were you over around the cashiers when any shooting happened that evening? Okay. That was roughly about :0 p.m.? I would guess so. Okay. Would you agree that maybe the video would be the best timeframe? Okay. I'm going to show you a couple of pictures and I'll start with defense. Do you see it up there?
Do you recognize that? Yes, I do. For the record this is defense admitted into evidence. Is that a true and accurate picture of the Gate Gas Station where you worked at that night? 0 today? Yes, it is. Is that true and accurate of where you work Okay. Now at some point after shots were fired did you go outside the Gate Gas Station and help a customer? Yes, I did. nd what was the purpose of you going outside to help a customer? The customer had a problem swiping their card. Okay. When you walked outside, was there any law enforcement on scene? No. Okay. Did you actually have any issues going to the -- over by the gas pumps? No, I didn't have an issue. Okay. So there wasn't any other shooting,
cars trying to get out of there, you had to get out of the way, nothing like that? No. Okay. ll right. Can I go to defense, please? Do you recognize that photo? Is that just a different angle of the right of the same gas station where you work? 0 Correct. Okay. nd would that be kind of a close-up from where the gas pumps would start to the front door? nd is that true and accurate from that evening as well as today? Can I go to defense? Is that just a little bit further off to the left? Same thing, truthful, accurate? Defense? THE COURT: Mr. Strolla, may I interject for a second? MR. STROLL: Yes, Your Honor. THE COURT: These weren't taken that night.
0 MR. STROLL: No, Your Honor. THE COURT: I just want to be clear for the jury that these show the Gate Gas Station but obviously you can see it's wet. pparently on the day they were taken it rained, so they're not from the night of the incident itself. MR. STROLL: That's correct. s a matter of fact, it was also in hazy daylight. It was just truthful and accurate of what it purported to be. THE COURT: ll right. I just want to make sure -- be clear that it's just a general view of the scene. MR. STROLL: Yes, Your Honor. THE COURT: But not on that night. MR. STROLL: Yes, Your Honor. THE COURT: Okay. BY MR. STROLL: Now, Mr. tes, as part of your abilities and part of your employment do you have to take out the trash? Okay. Does Gate have their own dumpsters and trash cans? Yes, we do. Can -- and if you could if you touch the
screen that you have you can actually circle it like a teleprompter you see on Monday Night Football. If you can just touch and put like an X or a circle where the dumpsters are? 0 Using this photo? Just touch that screen, sir. Okay. There's some in this area. Okay. nd further to the right. Okay. nd there's some behind this area over here. Okay. nd at that time in November of was there any type of back exit you could walk to to get to those dumpsters? No. You'd have to go all the way around? Okay. nd that is -- are you the only one who would take out garbage or were all employees responsible? No. Everyone was responsible. Okay. MR. STROLL: Can I go to defendant's, please? BY MR. STROLL:
Is that also just a different angle to -- a little bit to the left? Okay. Do you recognize the plaza on that far left corner? Yes, I do. nd is that plaza connected to the Gate parking lot or does it have a road in between it? There's a stop sign and it's an exit where 0 you can go out to the main road and then you can enter the plaza from that direction. Okay. nd is there also a road that goes behind the Gate Gas Station over Baymeadows? Okay. nd -- can I go to defense? Is that a true and accurate depiction in terms of if you looked out from the gas pumps to the plaza on November of, is that so similar? Yes, it is. MR. STROLL: Can I go to defendant's, please? BY MR. STROLL: Is that the intersection that's right there in the corner of, I guess, Baymeadows and Southside Boulevard?
Yes, it is. Okay. Defense. Defense, is that also just a better angle off to the right to the other side of Southside Boulevard? Can I go to defense 0, please? Now this is kind of the very front pump. Do you recall which pump you walked to that evening? 0 Roughly the three, four pump area. Where would that be in relation to this photo? Would it be the very first set of photos or further back? It would be closer to this area. Okay. nd this is about the right distance from the very first pump to over at the parking spaces? Okay. MR. STROLL: Defendant's 0, please? THE COURT: That is 0. MR. STROLL: Oh, I apologize.. I apologize, Judge. BY MR. STROLL: THE COURT: ll right. Now this is obviously a very unclear shot through a windshield, but do you recognize that little
walkway there? Yes, I do. nd is that the sidewalk that goes from -- looks like one end of the front of the Gate all the way to the other by where that ice machine is? MR. STROLL: Defendant's? BY MR. STROLL: 0 little bit better picture, same thing? Correct. Okay. nd this would be the view -- if you had to go out to the dumpster you'd have to walk this way? Okay. MR. STROLL: Defendant's? BY MR. STROLL: Little bit broader picture, is that also accurate of the Gate Gas Station? Yes, it is. nd would that also show if you were out into the parking lot driving in you could not see over to the other side of the Gate Gas Station? Right. MR. STROLL: Defendant's?
BY MR. STROLL: Now that's obviously a lot further back. Does Gate have where you can fill up with air for tires, things like that? Yes, we do. Would that be that area over here on defendant's? So if you were standing there that would be 0 an accurate depiction of looking out across Gate's parking lot, correct? plaza? Now from that picture can you see into the No, you can't. MR. STROLL: Can I have defendant's, please or? I apologize.. Let's do. BY MR. STROLL: nother blurry picture. We'll get a better one, but on defendant's can you circle where the dumpster is behind Gate that you guys use? Our dumpster is located right here. Okay. Now were there also other dumpsters that Gate does not use, meaning it's part of the plaza, not Gate Petroleum?
00 photo? Okay. nd can you even see those in this Yes, you can. Can you put a circle on where those are? Right here and I believe it's one a little further over right here. Okay. MR. STROLL: Can we go to defendant's? 0 BY MR. STROLL: Okay. Is that a little bit better picture? nd I apologize. I'm not a cameraman. Can you then now circle on where Gate's dumpster is? Gate dumpster is located right here behind this electrical box. Okay. nd then are those all -- let me ask you, are those bushes similar to that evening on November rd,? Okay. Same thing with the trees, are any of those trees cut down now or gone or anything like that that you're aware of? Not that I'm aware of. Okay. re any of those trees there now in
0 this picture that weren't there that night? Everything that is there looks like it was there that night. Okay. MR. STROLL: Defendant's, please? BY MR. STROLL: nd is that another dumpster near Baymeadows? nd if you look to the right that would be 0 the Baymeadows entrance and exit? Yes, it is. nd that's the only entrance and exit on Baymeadows? Okay. Now is that your dumpster, also, for Gate Petroleum? Yes, that's our dumpster. So you have about three total? No. We have two. Two. I'm sorry. Okay. Now if you went to the left if you're looking directly at that dumpster, if you kind of drove your car to the left would that be that back alley that goes around Gate Gas Station into the plaza?
0 and go? Okay. nd that's enough for two cars to come Roughly. It will be a tight -- tight squeeze but two cars could go. Okay. MR. STROLL: nd defendant's? BY MR. STROLL: Is that just a further picture where your 0 dumpsters would be back on the left behind the Gate Gas Station? Okay. MR. STROLL: nd defendant's? BY MR. STROLL: Now again looking at this I'll try to give you a better angle. Can you then now circle the pump that you walked up to when you walked out of that store? This area right here. Okay. nd when you were over there you said there was no law enforcement on scene? No. You said that or you didn't say that? I said there was no law enforcement on scene.
0 Okay. I just want to be clear. Okay. How long were you out there if you can recall? I don't recall how long I was out there. Would that be on video though of you walking in the front door? Yes, it should be. Does Gate have a video surveillance for the front door? 0 Do they have a video surveillance of register one where you were working at? Do they have also multiple different angles throughout either side of Gate Gas Station? They have about six, I think, roughly, maybe more? I'm not sure how many. Okay. nd again that would all be on video? ll right. Now when you were over there, did you see the red SUV? Do you recall seeing anybody out of the red SUV?
0 t the time I was in the store, no. I meant outside at the gas pump. When I was outside -- I'm sorry. When I was outside I could recall the victim laying on the ground. ll right. So somebody was on the ground next to the SUV? Was anybody performing any type of lifesaving 0 C.P.R., anything at that point when you were outside walking -- To my knowledge, no. Were people standing around him? That I can't exactly remember. Okay. But to your recollection nobody was on top of him? there? Right. Okay. nd there was still no law enforcement No. To my knowledge, no. Okay. nd then eventually again you walked -- if you're looking at the photo it would be to your left back into the front doors? nd all that again would be on video surveillance of the front door?
0 nd then cashier where you were stationed? Okay. MR. STROLL: Can I go to number, defendant's? BY MR. STROLL: Okay. nd is that just a better picture of all of the gas area over at Gate Gas Station? 0 ll right. Now did you have a chance when you were inside the store to talk to Mariah Grimes about what had happened that night? nd do you recall -- let me ask you this: t some point did you ever review the video? No, I never reviewed the video. Okay. Do you recall any comments that Mariah Grimes would have made to you without saying what they are? From audio, yes. Okay. nd that would all be recorded on the audio on the video, is that correct? Okay. Now do you know how long the video was
0 recording? Did the police ever meet with you to talk to you? No. nd watch that video? No. Okay. nd again you haven't -- you said you haven't seen it as of today? Right. nd you don't recall -- and again don't go 0 into any comments. Do you have any independent recollection sitting here today of what Ms. Grimes may have said that evening? With the audio, yes. You'd have to watch it though? Right. I would have to watch. Right. But sitting here -- what I meant is you don't independently recall sitting here today without looking at the video? No. That's what I was getting at. Okay. MR. STROLL: Judge, if I can just have one moment? THE COURT: Yes, sir. MR. STROLL: Nothing further, Judge. THE COURT: Cross.
0 BY MS. WOLFSON: MS. WOLFSON: Yes, Your Honor. CROSS EXMINTION Good afternoon, Mr. tes. Good afternoon. Now it's my understanding, Mr. tes, that you had been working that afternoon or, excuse me, that evening with Mariah Grimes and Lillian Chrestensen? 0 Yes, I was. nd then you were actually the one working behind register one, is that correct? So then when you're entering the Gate Gas Station that register would have been sort of off to the right? It would have been the furthest to the right, yes. Okay. nd Ms. Christensen would have been directly in front of you, correct? nd then Mariah Grimes, of course, off to the left? Now do you remember where exactly you were when you first heard those gunshots?
0 I was in between the -- there's a -- there's like a cabinet area where we keep our supplies for the cleanup of the store and the register one. I was in between those two areas. Okay. nd, Mr. tes, I'm showing you state's exhibit. Do you recognize state's exhibit as an aerial of the Gate Gas Station and that plaza? 0 nd in looking at state's exhibit, Mr. tes, can you circle where all those dumpsters were that Mr. Strolla was asking you about? In this area right here. nd that's where both of the dumpsters were that you were referring to in your direct? Well, the plaza's dumpsters would be further up here. Our dumpster is closer to this area and the other dumpster we have that's next to Baymeadows would be over here. Okay. So they're all -- is it fair to say they're all behind the Gate Gas Station and to the right of it -- -- if you're looking at the front doors? Now, Mr. tes, you stated just now, too, on
0 direct that when you were outside you don't remember seeing anybody performing C.P.R. on the victim? Correct. nd are you saying then, too, that you don't remember seeing any police officers outside at that point in time? Well, I don't -- yeah, I don't recall any officers being there at that particular moment. Was your attention now then focused on the 0 victim or was your attention focused elsewhere? I was going towards the pump and as I was going towards the pump I happened to look over at the victim and that's -- that's -- I saw him laying down on the ground and I just kept proceeding towards my customer. Now, Mr. tes, do you remember where exactly he was in reference to the red SUV? If the vehicle is to the right of the store he was positioned to the left of the vehicle facing the pumps. If I'm walking out facing the pumps he was -- Okay. You're walking out of the store? Okay. Now, Mr. tes, I know you stated multiple times, I think to Mr. Strolla, that you had not had a chance to review the surveillance tape?
0 memory? Correct. Would reviewing that tape refresh your It may. Okay. MS. WOLFSON: Your Honor, at this time the 0 state is going to be publishing state's exhibit for Mr. tes. THE COURT: ll right. MR. STROLL: Permission to move, Judge? THE COURT: Sure. (Playing video tape. Cannot hear audio to transcribe.) UNIDENTIFIED VOICE: Oh, my God. That was so scary. MS. WOLFSON: Would you pause it for a second? (Stopped video.) BY MS. WOLFSON: Mr. tes, in looking at this screen shot can you see where you are? Yes, I can. Okay. nd can you just -- I think you should be able to touch it on your screen where you are if you can circle whatever part of yourself you see. Right here.
doors are? nd that would be then behind register one? Yes, it is. nd then can you also circle where the front The front doors are right over here. MS. WOLFSON: Okay. Thank you. MR. STROLL: Can we leave that up unless 0 you're done? I apologize. I thought she was done, Judge. THE COURT: I don't think she is. MS. WOLFSON: No, I'm not, Your Honor. (Playing videotape.) UNIDENTIFIED VOICE: He was shooting? UNIDENTIFIED VOICE: He was shooting. I saw him shooting outside of the car right there. He was shooting out -- (Unintelligible.) -- his car. (Unintelligible.) -- his face. UNIDENTIFIED VOICE: (Unintelligible.) Oh, good. UNIDENTIFIED VOICE: (Unintelligible.) -- shot at -- (Unintelligible.) -- on the ground. UNIDENTIFIED VOICE: Okay. VMV. UNIDENTIFIED VOICE: VMV? UNIDENTIFIED VOICE: Yeah. VMV. You know what state -- (Unintelligible.)
0 UNIDENTIFIED VOICE: Florida. UNIDENTIFIED VOICE: (Unintelligible.) UNIDENTIFIED VOICE: Where did that cop go? UNIDENTIFIED VOICE: (Unintelligible.) -- pulled out. I mean -- (Unintelligible.) UNIDENTIFIED VOICE: (Unintelligible.) -- license number. The license number is, V as in Victor, M as -- (Unintelligible.) -- V as in Victor. (Unintelligible.) The person -- (Unintelligible.) (Stopped video.) MS. WOLFSON: Ms. Waldrup, if we could then switch the views to the front door. BY MS. WOLFSON: nd just for the record, Mr. tes, were those your legs that were still standing by the woman with the white shoes? I believe they were. Okay. (Playing videotape.) BY MS. WOLFSON: Mr. tes, was that you then -- did you recognize yourself as the person who actually opened the front door to let a police officer in?
nd was that before you ever went outside? I believe it was. Okay. One of the last questions -- I'm just going to show you that photograph again. Okay. Do you know, Mr. tes, in looking at state's exhibit how high up the Gate Gas Station roof is? No, I don't know how high up it is. MS. WOLFSON: I have no further questions, 0 Your Honor. THE COURT: Mr. Strolla. MR. STROLL: Thank you, Your Honor. REDIRECT EXMINTION BY MR. STROLL: Mr. tes, do you recall -- THE COURT: Microphone. MR. STROLL: Thank you, Judge. THE COURT: I'm getting good at it finally. MR. STROLL: Thank you, Judge. BY MR. STROLL: Mr. tes, were you still on scene later when all the witnesses were brought in by law enforcement? Once law enforcement was arrived?
Okay. nd were the witnesses brought in? The civilians, I mean? Okay. nd did you recognize Tevin Thompson and Tommie Stornes? 0 before? nd that's because they had been there ll right. nd we finally saw a different view from camera one. You just saw that now? Right now? What you were just looking at when you were walked in that front door that was the front door view? Yes, yes. nd had we clicked on camera one or register one that would be right above you? night? Okay. nd that's where you were working that nd that would record all audio and video of what's going on?
nd we'd hear it as clearly as we did here? MR. STROLL: No further questions, Judge. THE COURT: ll right. May he be excused, 0 Mr. Strolla? MR. STROLL: Yes, Your Honor. THE COURT: Ms. Wolfson? MS. WOLFSON: Yes, Your Honor. THE COURT: Thank you, sir. You're excused, free to go. (Witness excused.) THE COURT: Next witness. MR. STROLL: Michelle Reeves, Your Honor, Reeves. THE COURT: Michelle Reeves. Ms. Reeves, if you'll come all the way to the front for me, please, ma'am, all the way to the front, and if you would raise your right hand the clerk will administer the oath to you. MICHELLE REEVES, having been produced and first duly sworn as a witness on behalf of the State, testified as follows: THE WITNESS: I do. THE COURT: ll right, ma'am, if you'll come right around this way and have a seat over here for