Professional Documents
Culture Documents
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2 PRELIMINARY HEARING
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STATE OF MISSISSIPPI VS. BYRON DELANCE MCBRIDE
4 NO. 7257
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8 STATE OF MISSISSIPPI VS. DWAN DIONDRO WAKEFIELD
NO. 7258
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11 APPEARANCES NOTED HEREIN
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DATE: JUNE 26, 2017
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________________________________________________
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1 APPEARANCES:
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FOR D'ALLEN TYREEK WASHINGTON
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Warren L. Martin, Jr., Esquire
4 Warren L. Martin, P.A.
P. O. Box 1870
5 Jackson, Ms. 39215
attywarrenmartin@gmail.com
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8 Scott A. Johnson, Esquire
Capital Defense Counsel/Office of the State
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9 Public Defender
239 North Lamar Street, Suite 604
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10 Jackson, Mississippi 39201
sjohn@ospd.ms.gov.com
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12 FOR DWAN DIONDRO WAKEFIELD
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_________________________________________________
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2 TABLE OF CONTENTS
3 Appearances 2
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5 Byron DeLance McBride No. 7257:
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9 D'Allen Tyreek Washington No. 7259:
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10 Examination by Ms. Hancock 22
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11 Examination by Mr. Martin la 30
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19 Hearing Adjourned 96
20 Certificate of Reporter 97
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2 JUDGE MCKINLEY: Thank you all for
4 preliminary matter.
5 I want to say to everyone here that these
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8 preliminary hearing today is an important phase in
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9 the criminal process and must be conducted in an
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10 orderly manner.
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11 That means there can be no conduct, verbal
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12 or otherwise, by anyone who will disrupt or might
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1 other charges.
2 Okay. Second point. For those who may
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8 In other words, the nature and purpose of
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9 the preliminary hearing is to determine whether
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10 probable cause, not proof beyond a reasonable doubt,
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11 exists to have the person held for trial.
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12 you.
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19 ready to proceed?
21 Honor.
23 witness.
25 Weeks.
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7 any way. And the fact that that's the case won't
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8 interfere with any decision that I make. I just
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9 wanted to let that be in the opening.
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10 Do you have any objection, Ms. Hancock, to
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11 us proceeding? la
12 MS. HANCOCK: No. The State does not
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13 object.
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14 * * * * * * *
16 * * * * * *
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18 E X A M I N A T I O N
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21 A. Trent Weeks.
24 Investigation.
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4 capacity?
5 A. Yes, ma'am. In the early morning of
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8 Jackson Police Department was requesting to issue an
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9 Amber Alert from the Kroger located on I-55 North in
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10 Jackson.
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11 While en route to the Kroger, I was
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12 notified that the Hinds County Sheriff's Department
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14 police.
18 North.
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20 there?
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8 Is was that a.m. or p.m.?
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9 A. A.m. I'm sorry. That would be in the
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10 morning.
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11 Approximately 1:12, 1:13, somewhere in
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12 that time in the morning, a dark colored Toyota four
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14 well.
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8 and they all left.
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9 Q. And did you later come to find out who was
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10 in either of the vehicles that you just described?
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11 A. Yes, ma'am. During the course of the
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12 investigation, approximately 8 o'clock that morning,
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20 of this matter?
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8 identified as Kingston Frazier.
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9 Q. And did you respond to the scene as well?
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10 A. Yes, ma'am, I did respond to the scene.
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11 Q. Was the cause of his death obvious?
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12 A. Yes, ma'am. The cause of what -- what
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14 upon.
23 of the night.
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8 given -- his rights were read to him, his Miranda,
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9 and he waived his right to speak to the
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10 investigators.
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11 Q. And did he subsequently give a statement
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12 to officers?
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16 Kroger.
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19 meet them there, and that was why they were there,
20 and that McBride got out of the vehicle and went and
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1 Holmes County.
2 So when he left -- when he left the
7 statement.
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8 And McBride sent him a pin drop of where
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9 he was located at in Gluckstadt and asked him to
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10 come pick him up, said he ran out of gas also. And
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11 Wakefield and Washington came to Gluckstadt and
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12 picked him up. And that's -- when he got in the
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18 location.
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25 apprehended?
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4 Mr. McBride.
5 A. Mr. McBride's first statement was that, of
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8 there, and he was with Washington and Wakefield at
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9 the Kroger at the parking lot.
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10 His statement was that he went up there to
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11 the vehicle and came back and told them there was a
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12 child in the vehicle, but they told him to go ahead
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23 end road.
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8 Q. So did Mr. McBride waive his rights when
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9 he gave that statement?
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10 A. Yes, ma'am, he did. He voluntarily gave
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11 it. la
12 Q. Investigator Weeks, are you able to
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16 Q. Thank you.
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25 Mississippi?
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7 at this time.
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8 MR. JOHNSON: Your Honor, I can't see
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9 the witness. I don't mean to break protocol, but
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10 can I scoot over a little bit?
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11 JUDGE MCKINLEY:
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13 E X A M I N A T I O N
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17 A. Weeks.
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18 Q. Weeks.
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20 tell who got out of the Honda Civic and went over to
21 the Camry?
23 short hair.
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8 one -- if you follow the different stories, if
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9 Mr. McBride had been the one who killed Kingston
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10 Frazier, his fingerprints would be the only
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11 fingerprints on the Camry of the three defendants;
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12 is that correct?
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14 it.
20 A. According to --
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8 Q. And the purpose for Washington getting in
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9 the vehicle was to kill Kingston Frazier?
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10 A. According to the statement that McBride
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11 gave us. la
12 Q. And do you know whether or not when
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16 performed?
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17 A. Yes, sir.
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19 testing?
22 investigation.
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4 that they were aware that the child was in the car;
5 the other one did not.
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8 A. Not that I'm aware of, no, sir.
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9 Q. So there was no reference to a chop shop,
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10 or anything like that?
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11 A. Not that I'm aware of, no, sir.
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12 Q. Did you -- acting on information you got
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16 lot?
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17 A. That night?
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22 investigation.
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8 A. Yes, sir, there was some video.
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9 Q. And where was that from?
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10 A. That was from a Shell gas station off
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11 Hanging Moss Road. la
12 Q. And who was depicted in that video?
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14 Washington.
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1 and turned facing the door that they just came by,
2 facing that way.
4 time?
5 A. No, sir. Was not there.
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8 Camry arrived?
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9 A. They were there the whole time.
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10 Q. And from your surveillance video, could
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11 you identify how many individuals were in the Honda
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12 Civic and, if so, their identities?
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19 Your Honor.
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8 bind this defendant over to the grand jury.
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9 You may step down.
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10 MR. JOHNSON: Your Honor, may I be
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11 excused? la
12 JUDGE MCKINLEY: Yes. We're going to
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1 * * * * * *
2 JUDGE MCKINLEY: All right. This
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8 JUDGE MCKINLEY: Call your witness.
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9 MS. HANCOCK: Call Trent Weeks.
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10 (Trent Weeks Sworn Under Oath.)
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11 JUDGE MCKINLEY:
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12 E X A M I N A T I O N
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15 A. Trent Weeks.
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22 date?
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8 I-55, what, if anything, did you do?
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9 A. When I arrived at the Kroger, I was given
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10 more detailed information as far as the kidnapping
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11 of one Kingston Frazier. la
12 While I was also there, we reviewed the
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8 dead end road in Gluckstadt. And nobody was around
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9 the vehicle, from the call.
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10 The Madison County deputy sheriff
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11 responded to the scene. Did not see anyone around
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12 the vehicle but did locate and find Kingston Frazier
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15 gunshot wounds.
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17 County, Mississippi?
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19 Gluckstadt.
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1 you said?
2 A. First name Byron McBride. Byron.
3 Q. Thank you.
4 A. I'm sorry.
5 Q. Were these -- the three subjects that you
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8 Mr. Wakefield was brought in first. He was given
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9 his -- he was read his Miranda rights and waived his
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10 rights to make a statement.
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11 Next was Mr. Washington was brought in.
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12 He was brought in with counsel, and they refused to
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4 statement.
5 If you could, summarize his statement for
6 the court.
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8 that hisself, Washington, and McBride were in the
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9 vehicle that night. They were actually at the
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10 Kroger parking lot there by the Wendy's to sell
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11 marijuana to another individual that was supposed to
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12 be meeting them there.
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15 was that Mr. McBride got out of the vehicle and went
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8 him into taking the car anyway.
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9 And his statement was that he went up to
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10 I-55 close to the Nissan plant and pulled over. He
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11 advised that Mr. Wakefield and Mr. Washington pulled
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12 up behind him. Advised Mr. Washington got out of
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15 Toyota Camry.
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21 that he was the one that shot and killed Mr. -- shot
24 also.
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3 Mississippi?
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8 Weeks, you reviewed the Kroger video?
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9 A. Yes, ma'am. That's correct.
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10 Q. If you could, summarize your findings in
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11 that video as it relates to your investigation with
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12 regard -- you did that in a prior hearing, what you
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22 the Honda car that was there, a black male got out
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6 and then walked back and got back in the car and
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8 Q. Thank you.
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9 Now, your viewing of the Kroger video, is
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10 that consistent with Mr. Wakefield's statement?
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11 A. Yes, ma'am, it is.
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12 Q. Is Mr. McBride going up to the Civic,
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4 the witness.
5 JUDGE MCKINLEY: Mr. Martin, you've
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8 JUDGE MCKINLEY: Would you go ahead
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9 and tell the --
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10 MR. MARTIN: Make it for the record?
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11 JUDGE MCKINLEY:
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15 Mississippi.
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19 E X A M I N A T I O N
23 defendants?
25 sir.
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4 all --
5 Q. Just let me finish my question.
7 A. Yes, sir.
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8 Q. For Washington, correct?
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9 A. Yes, sir.
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10 Q. And for Wakefield, correct?
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11 A. Yes, sir. la
12 Q. That's part of your investigation; is it
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13 not?
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14 A. Yes, sir.
18 A. Yes, sir.
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21 phone?
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1 was given.
2 Q. Which cell phone records were those, which
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8 Q. Why don't you have it with you?
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9 A. Did not bring that.
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10 Q. You're the lead investigator in this case;
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11 are you not? la
12 A. Yes, sir.
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16 A. Yes, sir.
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18 records?
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19 A. They're in my file.
22 Q. Why not?
24 Q. Where is it?
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8 phone records. I need to know the number and the
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9 cell phone provider. I'm entitled to know.
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10 JUDGE MCKINLEY: And certainly you
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11 get an opportunity to know that as -- if this thing
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12 proceeds.
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24 was it?
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3 A. Yes, sir.
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8 Q. What time was the Amber Alert issued; do
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9 you know?
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10 A. The alert itself was issued sometime after
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11 4 o'clock in the morning. la
12 Q. Do you know the exact time it was issued?
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19 that right?
24 A. Yes, sir.
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3 A. Yes, sir.
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8 that correct?
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9 A. Yes, sir. And JPD.
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10 Q. How many deputies were on scene when you
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11 got there? la
12 A. Sir, I don't know. I didn't count them
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13 all.
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17 Hinds County.
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21 Q. Rear passenger.
24 investigation?
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1 involved.
2 Q. Okay. But you're not -- you're not here
7 Q. Okay.
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8 A. I can't say it was or wasn't. I can just
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9 tell you what was on the video.
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10 Q. Your testimony from a previous hearing was
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11 that you were able to determine the number of
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12 occupants in that silver vehicle; is that correct?
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15 hearing?
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21 A. Yes, sir.
24 number of occupants --
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8 A. I believe he's 19, 18, 19 years old.
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9 Q. And was he 18, 19 at the time of the
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10 alleged commission of this crime?
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11 A. Yes, sir, I believe so.
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12 Q. What about Mr. Wakefield? How old was he?
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13 A. Seventeen.
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16 A. Correct.
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20 A. Yes, sir.
24 correct?
25 A. Yes, sir.
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8 point.
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9 MR. MARTIN: Judge, he's charged with
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10 capital murder.
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11 JUDGE MCKINLEY:
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20 of a felony.
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8 Q. Did Mr. Wakefield, in his statement,
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9 indicate to you which one of the three actually had
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10 possession of the marijuana?
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11 A. I don't know the answer to that question.
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12 Q. All right. And then at some point you
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21 Q. Okay.
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1 correct?
2 A. No, sir.
6 A. Yes, sir.
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8 A. Walked up past the vehicle, yes, sir. On
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9 the driver's side.
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10 Q. Did that individual open the door?
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11 A. Not at that time.
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12 Q. Just peered in?
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17 opened the door, and then closed the door, and then
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21 correct?
22 A. No, sir.
25 correct?
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4 is that correct?
5 A. Went to the Toyota Camry, went back to the
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8 A. He walked up there, opened the door,
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9 looked inside, from what it looked like -- his body
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10 went inside. Came back out. Walked to the back of
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11 the car. Turned around. Looked at it.
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12 walked back and got back in the car and drove off.
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22 County, correct?
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6 Q. Honey Ates?
7 A. Yes, sir.
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8 Q. All right. Who was Honey Ates? Do you
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9 know? Is she related to the Fraizer family? Is she
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10 related to Wakefield, Washington, or McBride?
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11 A. I don't know who she's related to.
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20 oath.
25 her at all.
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1 A. Not --
2 JUDGE MCKINLEY: All right. He's
7 spoken to her.
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8 Let's proceed. Move it along.
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9 MR. MARTIN: (Continuing.)
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10 Q. As I understand it, Wakefield gave you one
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11 statement; is that correct? la
12 A. He gave one statement, yes, sir.
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22 is that correct?
23 A. Yes, sir.
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8 with each other. With them being together and then
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9 going to Gluckstadt, his statement was that
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10 Mr. Washington --
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11 Q. Suffice it, no matter what the number is,
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12 all of the statements are inconsistent; are they
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13 not?
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16 not?
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25 GSR?
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1 A. Yes, sir.
2 Q. What are the GSR results?
4 crime lab.
5 Q. You went to his cell or called somebody to
7 is that correct?
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8 A. Yes, sir.
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9 Q. What are the results of that?
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10 A. That's being processed at this time at the
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11 crime lab. la
12 Q. Okay. So just make it plain to me. What
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13 do you have, other than this other guy who gave you
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4 an answer.
5 JUDGE MCKINLEY: Mr. Martin, let her
7 Ms. Hancock.
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8 MS. HANCOCK: He's being
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9 unnecessarily combative with the witness.
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10 Investigator Weeks has testified as to the entirety
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11 of the evidence that he had, and Mr. Martin is
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12 seeking to narrow that scope.
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25 action.
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8 gentlemen for trial -- Mr. Washington for trial.
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9 As you know, hearsay evidence is
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10 admissible at preliminary hearings. And the
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11 Mississippi rules of evidence don't fully apply at
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12 this level.
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16 fine. But you can ask him if he's got the evidence
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8 A. Correct.
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9 Q. My client was brought in by me; is that
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10 right?
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11 A. Yes, sir. That's correct.
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12 Q. He was actually turned in to Hinds County;
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13 is that correct?
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14 A. Yes, sir.
18 A. Yes, sir.
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1 the scene?
2 A. Yes, sir, I did.
7 A. Yes, sir.
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8 Q. I think you said it appeared to be
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9 gunshot.
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10 A. Yes, sir.
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11 Q. Did you notice any stippling on the body?
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12 A. I didn't look that well.
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14 A. Yes, sir.
19 A. Yes, sir.
22 Q. Why not?
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3 A. Nothing to me.
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8 crime scene analysis.
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9 MR. GUEST: We object to relevancy.
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10 I think the officer has testified as to the evidence
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11 that he has. Then there is pending evidence at the
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12 state crime laboratory that is being tested. There
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15 at this point.
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19 the DA.
23 questions, then.
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7 correct?
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8 A. I don't know who they were talking to, no,
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9 sir.
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10 Q. Two individuals, black males, speaking to
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11 a third black male; is that correct?
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12 A. That showed up, yes, sir. They did speak
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16 A. Yes, sir.
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24 by it.
25 Q. Okay.
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3 A. I do not recall.
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8 contemporaneous around 1 o'clock that night, that
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9 morning?
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10 A. It was probably sometime after one, yes,
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11 sir. la
12 Q. After one?
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13 A. Yes, sir.
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14 Q. In Hinds County?
15 A. Yes, sir.
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17 further questions.
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19 Mr. Martin.
20 E X A M I N A T I O N
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1 correct?
2 A. Yes, ma'am. That is correct.
7 and that Mr. Washington was with him when they went
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8 to Gluckstadt.
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9 Q. And you were asked about various evidence,
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10 DNA evidence, GSR, cell phone records, things of
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11 that nature. And you indicated it is at the crime
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12 lab, and you have subpoenas out; is that correct?
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17 subpoenas outstanding?
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21 Your Honor.
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6 Mr. Martin?
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8 I know probably what the court is going to do. In
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9 light of the testimony of the officer, I don't see
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10 the court binding this defendant over for grand jury
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11 action without more. la
12 JUDGE MCKINLEY: Thank you.
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1 * * * * * *
2 JUDGE MCKINLEY: All right. The
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8 JUDGE MCKINLEY: Mr. Fortner, will
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9 you make your appearance? I don't think you've been
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10 before us before.
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11 MR. FORTNER:
la Yes, sir, Your Honor.
18 proceed.
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22 E X A M I N A T I O N
25 A. Trent Weeks.
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7 that capacity?
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8 A. Yes, ma'am. I received a phone call early
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9 that morning, approximately 2:44, somewhere in that
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10 area, from MBI Lieutenant Troy Travis that Jackson
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11 Police Department was wanting to issue an Amber
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12 Alert at the Kroger on I-55 North.
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16 Alert.
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18 in Jackson?
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21 arrived?
25 Kroger.
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8 pulled into the parking lot. A black female got out
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9 of the vehicle, left the headlights on the vehicle
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10 and entered the Kroger.
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11 Shortly thereafter appeared a black male.
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12 Got out of the passenger's side of the silver car.
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8 that the subjects that were in it was one Dwan
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9 Wakefield and D'Allen Washington.
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10 Q. Now, the person that was identified as
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11 Dwan Diondro Wakefield, is he present in the
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12 courtroom?
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16 a red jumpsuit.
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19 on my left.
21 reflect.
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8 anybody around the vehicle but did notice a black
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9 male, young boy, in the back passenger's side
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10 floorboard that had been -- appeared to have been
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11 shot and killed. And he was later identified as
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12 Kingston Frazier.
ba
18 your observations?
Ja
23 night.
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m
8 A. Yes, ma'am. He came in, and he did have
co
9 his rights read to him. He waived his rights to
a.
10 speak with the officer at the time and gave a
y
11 statement. la
12 And during that statement, Mr. Wakefield
ba
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m
8 And Mr. Wakefield and Mr. Washington went up there
co
9 and picked him up.
a.
10 Q. And this is all according to
y
11 Mr. Wakefield's statement? la
12 A. That was his statement.
ba
15 A. That's correct.
nj
23 take the car. They said, "You got this. You can do
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m
8 got back in the silver car and drove it to the dead
co
9 end, and Mr. Wakefield drove him back home.
a.
10 Q. Now, in all of the statements, is it true
y
11 that Kingston Frazier was killed in Madison County,
la
12 Mississippi?
ba
17 in Madison County.
ck
20 A. Yes, ma'am.
24 E X A M I N A T I O N
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m
8 Q. Who did?
co
9 A. Agent Clark.
a.
10 Q. Okay. And did Agent Clark make an audio
y
11 recording or video recording of that interview?
la
12 A. Yes, sir, there was an audio recording.
ba
14 audio recording?
16 investigation.
so
24 A. Agent Clark.
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1 A. Rusty.
2 Q. Rusty Clark.
6 Q. He made a statement?
m
8 Q. And was it Dwan Wakefield who told Agent
co
9 Clark, Investigator Clark, that they were going to
a.
10 the Kroger -- the Wendy's -- the Kroger on I-55 so
y
11 that Mr. Wakefield could sell a $10 bag of grass to
la
12 someone else?
ba
16 A. Yes, sir.
so
23 said?
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4 weed?
5 A. Yes, sir.
6 Q. Is that correct?
m
8 Q. And does that person also verify
co
9 Mr. Wakefield's statement that they left the
a.
10 Kroger -- at least he and Washington left the Kroger
y
11 and went to a Wendy's on Northside Drive to meet
la
12 with this person to sell him the weed?
ba
13 A. Yes, sir.
am
15 weed, right?
nj
16 A. Yes, sir.
so
19 correct?
20 A. That is correct.
22 A. Yes, sir.
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m
8 Mr. Wakefield was in, correct?
co
9 A. Yes, sir, that's correct.
a.
10 Q. That's what we believe?
y
11 A. Yes, sir. That is correct.
la
12 Q. And Mr. Wakefield admits that, correct?
ba
13 A. Yes, sir.
am
15 A. Yes, sir.
nj
23 Q. Okay.
25 Holmes County.
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6 County?
7 A. Yes, sir.
m
8 Q. Okay. In the video -- and I'm just going
co
9 to have to trust -- you've seen the video, correct,
a.
10 of the parking lot of the Kroger?
y
11 A. Yes, sir, correct.
la
12 Q. How long was the silver car, the Honda
ba
20 sitting there.
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6 in between.
m
8 pull up; is that correct?
co
9 A. Yes, sir.
a.
10 Q. But that car had already pulled up before
y
11 the Honda got there, or vice versa?
la Which car got
12 there first?
ba
18 person?
Ja
21 Q. Okay.
23 marijuana it was.
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m
8 subject, black male subject, got out of the
co
9 passenger's side of the silver car.
a.
10 Q. And after he got out of the passenger's
y
11 side, he walked over to the Toyota or walked past
la
12 the Toyota?
ba
18 Toyota?
Ja
19 Q. Yes.
20 A. Yes, sir.
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m
8 turned around -- you know how those parking lots
co
9 have got those posts?
a.
10 Q. Right.
y
11 A. He walked to the post, turned around, and
la
12 walked back by it.
ba
21 you.
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m
8 Q. Was it the same person that got out of the
co
9 car in the first place that went back, got something
a.
10 out of the car, and then back to the Toyota? Was
y
11 that all the same person? la
12 A. It appeared to be, yes, sir, same
ba
13 clothing.
am
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1 not?
2 A. No, sir, I could not tell.
3 Q. Can't tell?
6 A. Yes, sir.
m
8 A. Yes, sir. Driver's side door. And then
co
9 he got back out. Walked to the back of the vehicle
a.
10 and looked at the vehicle. And then he walked back
y
11 and got in the driver's side, backed out, and drove
la
12 off.
ba
19 in the Honda?
21 Q. Yes, sir.
23 communication?
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4 like that?
5 A. I don't know if he would have or not
m
8 A. No, sir.
co
9 Q. Okay. So which car left the parking lot
a.
10 first?
y
11 A. I would have to review that video again
la
12 and see. I don't recall.
ba
17 Drive?
ck
22 same car?
25 Q. Right.
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4 by the Wendy's.
5 Q. And we're not talking about the Wendy's
m
8 A. That is correct.
co
9 Q. That's the Wendy's on Northside Drive
a.
10 towards Hanging Moss?
y
11 A. Yes, sir, that's correct.
la
12 Q. Okay. And did your -- the buyer of the
ba
15 on Northside Drive?
nj
18 marijuana.
Ja
23 you?
24 A. Yes, sir.
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6 with you?
m
8 Q. Okay. So that occurred possibly --
co
9 assuming that occurred, it occurred at the Wendy's
a.
10 on Northside Drive; is that right?
y
11 A. Yes, sir, that's correct.
la
12 Q. That's after Mr. McBride has already
ba
15 that correct?
nj
16 A. Yes, sir.
so
20 that?
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m
8 sold the marijuana to this other person at the
co
9 Wendy's; is that correct?
a.
10 A. I don't know the exact times on that. No,
y
11 sir. la
12 Q. I understand.
ba
13 A. Yes, sir.
am
17 A. That is correct.
ck
19 A. That is correct.
23 A. Correct.
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m
8 Q. Right.
co
9 And then they had left there and gone to a
a.
10 Shell station on Hanging Moss Drive?
y
11 A. Correct. la
12 Q. Before Mr. McBride ever called him and
ba
15 have to --
nj
17 you?
ck
21 Toyota Camry?
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4 speculation?
5 Q. Is that your best guess that that's when
m
8 Q. Did Mr. Wakefield tell you that he spoke
co
9 to another individual, a third person, at the Shell
a.
10 station on Hanging Moss?
y
11 A. That might be in there.
la I do not recall
12 that.
ba
13 Q. Okay.
am
18 Hanging Moss?
Ja
21 A. No, sir.
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3 A. Yes, sir.
7 was talking to, but I did not know who that was.
m
8 Q. And you haven't had a chance to ask him
co
9 about it. Or you haven't talked to my client?
a.
10 A. No, sir, I have not spoke with your
y
11 client, other than -- la
12 Q. And you're not sure if he indicates that
ba
24 Gluckstadt.
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7 night?
m
8 A. Yes, sir.
co
9 Q. Okay. So you've got the phones, correct?
a.
10 A. Yes, sir. They're being analyzed and --
y
11 Q. You sent them to see if you can get back
la
12 the deleted messages and all that kind of stuff,
ba
13 correct?
am
19 that yet.
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3 A. Correct.
m
8 McBride out of the parking lot of the I-55, up I-55
co
9 to the side of the road of I-55 in front of the
a.
10 Nissan plant where McBride got out of the car, got
y
11 into the Honda Civic. Washington got out of the
la
12 Honda Civic, went and got in the Camry and shot to
ba
20 A. Yes, sir.
24 statement?
25 A. Yes, sir.
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3 A. Yes, sir.
m
8 A. I don't recall. I will have to review
co
9 that again to make sure.
a.
10 Q. You didn't take McBride's statement?
y
11 A. No, sir, I did not take his statement.
la
12 Q. That's Agent Clark also?
ba
13 A. Yes, sir.
am
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m
8 this child being shot, that he's somehow an
co
9 accomplice before the fact? Or do you know?
a.
10 A. He -- I'm sorry. You're going to have to
y
11 repeat that question. He's being charged for --
la
12 Q. McBride is the -- the credibility of
ba
17 reviewed --
ck
18 Q. Right.
Ja
20 involvement.
22 A. On --
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m
8 the theft of this vehicle and the killing of this
co
9 child?
a.
10 A. The statement that McBride gave that he
y
11 was going to off the kid to Wakefield.
la
12 Q. And did Wakefield say that in his
ba
13 statement?
am
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m
8 somewhere. We'll come get you"?
co
9 A. According to his statement, he told him to
a.
10 drop the kid off. In his statement.
y
11 Q. Okay. la
12 A. But he didn't say anything about coming
ba
25 so far.
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m
8 gathering and collecting, yes, sir.
co
9 Q. And we just don't have all of that
a.
10 evidence.
y
11 A. Not at this time.la No, sir.
14 right?
15 A. Correct.
nj
20 Q. Okay.
24 know of?
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7 A. Yes, sir.
m
8 Q. Plays football in Ridgeland?
co
9 A. That's what he said.
a.
10 Q. Okay. Do you have any reason to believe
y
11 that he would flee this area if a reasonable bond
la
12 was set on him? Any reason that you know of?
ba
18 Jackson?
Ja
20 family is from.
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3 briefly.
4 E X A M I N A T I O N
5 EXAMINATION BY MS. HANCOCK:
m
8 regard to his conversation with Mr. McBride
co
9 regarding the child --
a.
10 A. His statement?
y
11 Q. -- Kingston Frazier?
la
12 A. When -- his statement was that Mr. McBride
ba
19 to say that?
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6 vehicle --
7 A. Yes, ma'am.
m
8 Q. -- with Mr. McBride?
co
9 A. With Mr. McBride that was in that Toyota
a.
10 Camry.
y
11 Q. Before he went and picked up Mr. McBride?
la
12 A. Yes, ma'am. He knew that.
ba
16 Frazier?
so
19 Q. Yes, sir.
22 calls.
25 A. No, ma'am.
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m
8 forth between cars.
co
9 BY THE WITNESS: Mr. McBride made
a.
10 that statement. When he went back to the car, to
y
11 the silver car after walking up there and looking at
la
12 the Toyota, when he opened the door, in his
ba
22 Ms. Hancock?
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m
8 then we're going to ask you to set a reasonable bond
co
9 on my client right now.
a.
10 Here's what the problem with the case is
y
11 from our point of view at this stage.
la At this
18 to get back.
Ja
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m
8 gone. McBride is in the vehicle, the Toyota Camry,
co
9 that he has stolen with the child in the back seat
a.
10 and driven up I-55. The only indication at that
y
11 moment, at this point in all of this investigation,
la
12 that would prove that Wakefield, Dwan Wakefield,
ba
21 child.
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3 than that.
m
8 child in the back of it and then suggested to him on
co
9 the telephone later on to kill the child or do
a.
10 something crazy like that.
y
11 Okay. That's what this is going to boil
la
12 down to. And at this point there is no evidence, no
ba
14 things.
21 to the community.
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3 the court to not bind him over to the grand jury or,
m
8 presence in court under whatever conditions you want
co
9 to. If you want to put him on electronic
a.
10 monitoring, GPS monitoring, house arrest, certainly
y
11 I can understand the court doing that until it gets
la
12 more information from this investigation.
ba
16 Ms. Hancock?
so
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m
8 that he will be found guilty at the trial given
co
9 that. And that is just setting aside Mr. McBride's
a.
10 statements, which should be also held into account
y
11 at this time. la
12 JUDGE MCKINLEY: Any response for the
ba
13 court?
am
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m
8 You certainly, Mr. Fortner -- after I sign
co
9 the order, Circuit Court of Madison County then will
a.
10 have jurisdiction, and you can make your application
y
11 for a reduction in bond at that time and probably
la
12 have a much more detailed and involved bond hearing.
ba
14 Judge.
19
20
21
22
23
24
25
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1 CERTIFICATE OF REPORTER
2
m
8 indicated, which proceedings were recorded by me to
co
9 the best of my skill and ability.
a.
10 I certify that I have no interest, monetary or
y
11 otherwise, in the outcome of this case.
la
12
ba
13
am
14
16
so
17
ck
18
Ja
19
20
21
22
23 My Commission Expi
December 15, 2018
24
25
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Byron DeLance McBride - D'Allen Tyreek Washington Preliminary Hearing
Dwan Diondro Wakefield
m
According (16) ahead (5) 17 back (74) 59:8;69:8
16:20,25;17:10; 13:12;29:24;30:8; argue (1) 8:23,25;9:3,3,4; body (3)
61:22;90:17 93:23 10:6;13:11,18,22; 41:9;49:11,16
co
61:10;68:16;71:14,
16,17;76:3,24;79:19; Alert (14) argued (1) 21:13;24:13;27:5,18; boil (1)
80:20,25;81:6;82:15; 7:9,13;10:2;23:2,6; 95:3 28:17,24;29:2,5,5,6, 93:11
a.
85:9 24:7;34:5,8,10,18,23; argument (1) 6,13,13,22;30:1; bond (13)
account (1) 56:12,16;59:2 94:20 40:16,18;41:3,5,6,10, 46:15;83:6;87:11,
y
95:10 alive (3) argumentative (1) 10,12,12;57:14,16, 22;91:8,13;93:18;
acting (1) 15:2;62:15,16 33:15
la 18,19;59:9;60:16,19; 94:7,14;95:5;96:1,11,
18:12 alleged (2) arguments (1) 61:19;62:8,9;66:2,6, 12
action (9) 36:5;37:10 47:3 17;67:25;69:14,25; bonding (1)
ba
7:3;22:21;44:20; allow (1) around (25) 70:4,12,14;71:9,10, 87:14
45:15,23;46:25; 19:2 8:5,23;9:3;10:4; 21;72:9,9,10,16,24; both (8)
allowed (1) 13:7;24:8,11;28:17, 75:14;80:11;81:13, 14:22,23;15:1,4;
am
54:11,16;95:25
actions (1) 95:5 24;29:4,5,5;30:1; 14,19;82:5;90:7,10; 27:6;28:4,5;62:13
4:24 alone (1) 41:11,13;52:8;57:14, 91:16,18;92:9,15; bother (1)
activated (1) 94:21 18;59:4,8;69:14; 93:7,8 41:25
nj
adjourn (1)
21:13 American (1) 11:15;20:8;23:7,9; 53:25;54:13;69:7; break (1)
adjourned (2) 39:13 26:14;28:15,19; 85:24;90:18;95:23 15:9
96:16,17 amount (1) 56:21,22;59:7 basically (1) Brian (1)
administration (1) 91:21 arriving (1) 91:21 24:23
4:21 analysis (1) 8:3 basis (2) briefly (2)
admissible (1) 50:8 aside (2) 44:19;94:13 53:4;88:3
47:10 analyzed (1) 35:5;95:9 become (1) bring (1)
admits (3) 80:10 assisted (1) 66:1 32:9
66:12;84:20;91:23 and/or (6) 92:20 Beg (1) brought (11)
admitted (1) 4:14,25;9:2;74:14; assume (1) 47:21 11:2,5,6;13:1;25:8,
65:18 96:2,4 96:7 behavior (2) 11,12,14;48:1,9,23
adult (1) anonymous (2) assuming (4) 4:16,20 Bureau (4)
86:22 41:18;42:1 71:4;72:14;75:9; behind (4) 6:23;22:17;34:6;
advised (6) answered (3) 84:22 13:18;27:12;57:18; 56:2
7:7;12:5;13:17; 29:18;33:2;43:3 Ates (4) 62:1 buy (2)
27:11,12;29:24 appearance (4) 42:5,6,8,12 belabor (1) 65:3;74:19
afar (1) 30:6;55:9,15;96:7 attained (1) 43:5 buyer (1)
50:16 appeared (9) 51:1 belonged (1) 74:12
African (1) 10:13;24:14;29:4; attempted (1) 60:17 Byron (7)
m
13:11;17:6;20:1; 6;32:14;38:6;47:7; 62:2;68:1 31:17 credible (2)
27:14;41:10;48:22; 49:4;54:2,14;88:18; closed (1) contemporaneous (1) 82:25;93:13
60:8,15;61:19;66:6, 91:1;94:19;95:22 40:17 52:8 crime (16)
co
17;71:25;78:6;92:15 cell (19) clothing (1) contempt (1) 16:1,3,4;17:21;
Camry (47) 12:16;30:22;31:2, 71:13 4:25 21:6;32:14,15;36:5;
a.
8:13,22;9:1,4,4,25; 15,17,20,24,25;32:2, coach (1) continue (1) 37:10;45:4,11;50:8,
11:21;15:21;16:2,11, 3,17;33:7,7,9;44:23; 51:6 95:6 12;53:11,14;94:22
y
19;20:3,6,8;26:14; 45:5,6;50:13;53:10 co-defendant (1) Continuing (14) criminal (2)
27:15;28:15,19,20; certain (1) 46:21
la 14:19;17:3;19:5, 4:9;86:17
29:3;40:4,18;41:3,5, 24:25 collected (1) 17;26:1;32:7;33:21; cross (1)
6;57:7,13,17,19; certainly (5) 44:22 39:7;43:9;47:24; 16:24
ba
60:15;61:19;66:2; 33:10;91:20;94:10, collecting (1) 50:24;58:22;86:4; cross-examine (1)
68:7,14,24,25;71:21, 18;96:8 86:8 91:14 47:4
25;75:13;77:21; chance (2) colored (1) conversation (2) curious (1)
am
m
22;24:5;34:2;35:6; 5:10;21:4;94:4 6:22,23,25;22:16, examining (1) 90:25;91:1;93:1;
48:20;56:11,15;58:6, doubts (1) 18;56:1,3 50:1 94:18;95:7;96:2
25;59:6;80:4 92:23 en (3) exchanged (1) findings (2)
co
depicted (1) down (5) 7:11;23:4;56:13 27:13 24:1;28:10
19:12 14:1;19:24;21:9; encouraged (1) Excuse (5) fine (2)
a.
deputies (1) 69:25;93:12 93:5 5:13;6:1;17:13; 47:16;70:22
35:10 drive (14) end (7) 28:1,7 finger (1)
y
deputy (4) 9:5,7;30:14;65:11; 9:25;13:23;14:2; excused (1) 84:6
10:3;24:10;59:7,7 73:17,20;74:9,15; 24:8;27:19;59:3;62:9
la 21:11 fingernails (2)
described (2) 75:10;76:22;77:1,10; ended (2) exists (1) 49:24;50:1
9:10;59:16 82:22;92:4 26:16;92:5 5:11 fingerprints (4)
ba
description (2) driven (3) enforcement (4) exit (2) 16:10,11,18,18
24:6;59:1 75:13;81:7;92:10 48:4,7;80:4;89:18 8:16;48:21 finish (3)
destination (1) driver (1) enough (2) exited (2) 31:5;46:6;50:22
am
m
7:23;9:18;10:8; 19;26:22,24;44:9; 13:3;40:15;58:23; Honor (20) 92:10
13:25;14:24;16:10; 48:21;53:8;59:3,14; 76:4,7,20;91:25 5:21;15:8;16:22; individual (6)
17:9;18:1;23:11,16; 60:24;61:7;62:1; happens (1) 19:16;20:19,25; 11:18;26:11;40:4,
co
24:12;26:19;27:17, 76:1;79:22,24;84:2; 19:1 21:10;22:7;38:16; 10;42:1;78:9
22;28:2,6;44:1; 85:4,5,17;89:3;91:24 hard (1) 43:4;45:25;53:21,24; individuals (6)
a.
56:24;58:4;59:12; goes (2) 9:2 54:1;55:11;62:23; 16:19;17:25;18:13;
62:7,11,14;88:11; 69:1;87:4 head (1) 86:2;87:25;90:24; 20:11;39:25;51:10
y
89:16 good (3) 34:16 95:15 information (32)
Frazier's (1) 63:20;95:20;96:15 headlights (2)
la hope (1) 7:22;10:18,21;
59:17 GPS (1) 28:21;57:9 94:18 18:12;23:10,17,19,
front (5) 94:10 hear (1) house (1) 22,23;24:20,23;
ba
39:19,23;67:22; grand (13) 4:13 94:10 33:17;34:14;35:1,4,
69:14;81:9 20:23;21:8;44:19; hearing (24) 14,16;37:3;41:20,21,
frontage (1) 45:15,23;46:24;54:4, 4:8;5:3,5,9;18:19, I 23;56:22;57:25;58:2,
am
m
32:10;33:22;46:10, jury (13) 23:3,7,9,13;26:10; 53:23 18,20;26:7,20;27:4;
17;50:25;63:1;64:9; 20:23;21:8;44:20; 28:8,18;29:9;35:1; Lieutenant (3) 28:4,9;29:11;53:2,13,
86:12;88:6 45:15,23;46:24;54:4, 36:22;38:1;43:21; 7:7;22:25;56:10 18;56:5,8,19;57:24;
co
investigators (2) 10,15;91:4,13;94:3; 44:3;45:17;53:6; life (1) 58:13,15;59:15,19;
11:10;92:25 95:24 56:12,17,25;57:2,10, 95:3 60:2,8,25;62:13,20;
a.
involve (1) justice (1) 23;60:14;61:3;64:10, light (2) 89:7,12,21,25
4:6 4:22 10;65:2,3,10,10,25; 54:9;71:25 Madison (19)
y
involved (12) juvenile (1) 67:10,23;68:4,4; lights (1) 9:23;11:7;14:24;
9:18,19;13:6; 86:18 69:1;73:15;74:6;
la 8:17 15:3,5;24:4,10,16,18;
23:15;33:23;34:4,7; 75:13;84:22;90:4,7; line (1) 28:2,6;58:24;59:4,6,
36:1;43:18;59:25; K 92:2,16;93:6 91:19 14;62:11,16,17;96:9
ba
75:1;96:12 listen (2) makes (1)
involvement (2) keep (1) L 77:22,23 95:20
83:20,21 93:17 listened (4) male (10)
am
issues (2) kidnap (1) last (2) locate (1) man (2)
4:7;33:1 39:2 15:15;19:18 24:12 78:16;90:16
issuing (2) kidnapped (1) Later (19) located (4) manner (1)
ck
m
13,24;13:4;14:5,8,13, mentioned (4) 35:1;86:19 96:9
20;16:7,9,16;17:10, 10:15;25:6;59:25; name (12) obvious (2) orderly (3)
14;20:21;24:23;25:2, 73:20 6:20;15:16;22:14; 10:11;92:1 4:10,16,21
co
13;26:8,15,19,21; merits (2) 24:25;25:2;55:12,24; occupants (7) originally (1)
27:3,4;29:12,15,21; 47:2;95:21 63:22,25;64:14,19; 23:20;29:16;36:12, 17:24
a.
31:2,6;37:4,6,7; messages (2) 77:7 24;45:20;46:20;71:3others (1)
40:24;41:3;42:10; 80:1,12 narrow (2) occurred (4) 96:4
y
43:13;48:6;53:6; met (2) 46:12,14 75:8,9,9;79:16 otherwise (1)
59:21;60:5,13,14,23; 61:3;74:16 nature (2)
la o'clock (8) 4:12
61:6,14,17;66:5,16, might (3) 5:8;53:11 9:12,22;11:1;24:4; out (54)
21;67:1,4,5,14;69:4, 4:12;77:24;78:11 need (3) 34:11,20;52:8;58:5 8:15,21,25;9:9,16,
ba
6;71:15,18,20;72:13, minute (1) 33:8;43:5;94:5 off (34) 17;10:2;11:20;12:10;
14,14,18,24;75:12, 67:18 next (7) 9:5,7;12:6;19:10; 13:18,19;15:20;
23,25;76:14;77:12, minutes (5) 12:20,21;25:11; 21:17;26:17,23;29:3, 23:18;24:7;25:19;
am
m
participate (1) places (1) 33:23 purchase (1) recognize (1)
64:3 21:15 prior (3) 74:17 79:2
participated (3) plain (1) 20:6;28:12;83:7 purpose (5) recognized (1)
co
5:7;93:24;95:17 45:12 prison (1) 5:4,8;17:8;18:21; 78:16
participating (1) plant (5) 95:4 50:17 record (9)
a.
83:7 13:15;17:6;27:10; privy (1) purposes (2) 14:17;21:17;25:22;
parties (1) 62:2;81:10 40:20 16:3;47:6 30:10,13;47:20,23;
y
4:14 Plays (1) probable (15) put (9) 58:18,20
passenger (2) 87:8 5:5,10;18:19,24;
la 9:16;10:2;23:18; recording (6)
10:6;35:21 Please (7) 20:21;21:2,5;32:14; 24:6;58:1,2;59:1; 40:20;63:11,11,12,
passenger's (19) 6:20;15:16;22:14; 38:6;47:7;54:1,14; 82:17;94:9 14,17
ba
8:3,21,24;23:15; 30:16;39:6;55:24; 91:1;94:19;95:22 putting (1) records (17)
24:14;35:19,20,23; 80:24 probably (4) 16:7 30:22;31:2,3,15,16,
36:4;39:17,18,19; pm (1) 44:6;52:10;54:8; 24,25;32:2,18;33:3,8,
am
m
16:13;80:24;83:11 role (1) 68:17,19;92:3,5 15;59:9;68:2;69:9, 86:1
repetitious (1) 15:24 selling (1) 11;70:7,15;71:22; spoke (3)
95:15 route (3) 77:2 72:8,11;81:9;82:21 42:22;78:8;79:10
co
representing (1) 7:11;23:4;56:13 send (1) sign (2) spoken (8)
55:13 rules (1) 12:16 37:17;96:8 42:12,13,14,15,16,
a.
requesting (1) 47:11 sent (5) silver (45) 24,24;43:7
7:8 running (1) 12:8;17:20;59:6; 8:1,22,24;9:6,15; stage (2)
y
requests (1) 50:16 79:22;80:11 10:17;23:14,23; 91:11,12
90:25 Rusty (2) separated (1)
la 27:14;28:14,14,16, stand (1)
required (1) 64:1,2 12:3 24;29:2;35:18;36:12; 15:12
96:7 serves (1) 39:13;40:16;41:6; started (1)
ba
residue (3) S 90:3 51:23;57:3,12,14,20; 4:3
17:15;49:17,18 set (2) 58:2,7;61:18,20;62:5, State (11)
respond (6) same (6) 87:12;91:8 8;66:6,7;67:12; 5:13,14,16;6:12,
am
m
20:7 94:13,19;95:7,23 69:6 61:24;81:19,21,22; Tyreek (4)
steal (2) suggested (2) testimonies (1) 85:5 22:4;25:16,23;54:2
81:1;93:6 92:19;93:8 36:16 top (1)
co
stealing (3) summarize (3) testimony (11) 34:16 U
11:23;26:16;77:20 26:5;28:10;61:16 21:5;31:23;36:10, towards (2)
a.
step (1) support (1) 19,22;41:14;47:25; 28:18;74:10 unable (2)
21:9 36:3 54:9;61:13;82:22; Toyota (53) 36:23,25
y
stepped (1) supposed (4) 95:23 8:1,12,22;9:1,4,4, UNDER (10)
9:2 11:18;26:11;64:25; testing (2)
la 25;11:21;13:20;20:3, 6:15;17:21;18:21;
steps (1) 79:18 17:15,19 6,7;26:14;27:15; 22:10;42:19;53:15;
89:24 sure (4) theft (1) 28:15,19,20;29:2; 55:20;63:15;94:8;
ba
still (12) 41:19;77:14;79:12; 84:8 30:2;40:18;41:3,5,6; 95:2
8:17;17:21;18:21, 82:9 thereafter (3) 57:7,13,17,18,19; underlying (1)
24;53:15,18,19; surprise (1) 10:4;57:11;58:5 59:2;60:15;61:19; 39:1
am
m
9:10;19:25;28:13; 62:9;63:1,21,23;64:3, 5:25;6:15,21;8:7; 8:11
62:4;68:5;69:17 8,11,22;65:17,24; 14:12;15:17,18;22:9, 1:13 (3) 9
verbal (2) 66:3,5,8,12;67:3; 10,15;28:7,8;30:21;
co
8:5,5,11
4:11;11:13 68:19;72:18;73:14; 33:22;42:19;46:10; 1:15 (1) 9 (2)
verify (4) 74:14,17,20;75:19, 50:25;52:22;55:19, 8:6 9:22;24:4
a.
64:22,24;65:1,8 22;76:7,14,25;77:5, 20,25;63:1;86:12; 11:22 (1) 9:10 (1)
versa (1) 16,18,19;78:8,17; 88:6 96:18 9:22
y
68:11 79:15,19,20,25;81:7; Wendy's (25) 17 (2) 9:11 (1)
versus (3) 83:14;84:7,11,12,14, 26:10;28:17;51:14,
la 86:13;95:3 9:22
5:14;22:4;55:4 16,19,20,23;85:3,4,6, 21,23;57:6;61:4; 17-year-old (1) 911 (3)
vice (1) 22;89:14;90:6,13; 64:10;65:11;68:1; 37:19
ba
9:24;24:5;58:25
68:11 91:3,12,20;92:1,12, 73:16,20,24;74:4,5,7, 18 (2)
victim (2) 12,19 9,14,17;75:9;76:9,22; 37:8,9
48:25;49:20 Wakefield's (14) 77:1;82:21;92:4
am
18th (3)
video (49) 13:19;29:10;53:4; WHEREUPON (1) 7:1;22:19;56:4
7:25;15:19;19:4,6, 61:11;65:9,23;71:17; 96:17 19 (3)
8,12;20:10;23:13; 76:24;80:6;84:17,23; whole (1) 37:8,8,9
nj