Embed Size (px)
Citation preview
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT OF FLORIDA
JUSTIN HAYNES,
Appellant.
v. STATE OF FLORIDA,
Appellee.
CASE NO. 1D21-1724
APPENDIX TO RESPONSE TO PETITION FOR WRIT OF PROHIBITION
App. A- Information...........................................................................Pg. 3
App. B- Clerk of the Courts Hearing Record.....................................Pg. 6
App. C- Motion Hearing Testimony of Jasmine Perkins...................Pg. 65
App. D- Motion Hearing Vol 1............................................................Pg. 68
App. E- Motion Hearing Vol 2.............................................................Pg. 178
001
Filing # 129194280 E-Filed 06/21/2021 06:08:52 PM
RE
CE
IVE
D, 0
6/21
/202
1 06
:09:
28 P
M, C
lerk
, Fir
st D
istr
ict C
ourt
of
App
eal
Respectfully submitted and certified, ASHLEY MOODY ATTORNEY GENERAL /s/ Charlie Lee By: Robert Charlie Lee Attorney for the State of Florida Assistant Attorney General Florida Bar No. 0803871 [email protected] Office of the Attorney General PL-01, The Capitol Tallahassee, Fl 32399-1050 (850) 414-3300 (VOICE) (850) 922-6674 (FAX)
002
APPENDIX
A
003
004
Filing# 95215590 E-Filed 09/05/2019 01:49:54 PM
STATE OF FLORIDA
-vs-
JUSTIN CARLISLE HAYNES Race/Sex: B/M DOB: SSN:
DEFENDANT{S):
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT OF FLORIDA IN AND FOR LEON COUNTY, FLORIDA.
CASE NO. 2019-CF-02625A 1 SPN. No.: 237606
INFORMATION FOR: 1 ATTEMPTED SECOND DEGREE MURDER WITH A FIREARM (F-1 /L-10)
2 SHOOTTING AT, WITHIN, INTO OR IN A BUILDING (F-2 /L-6)
3 ATTEMPTED ANIMAL CRUEL TY (M-2)
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
COUNT 1: JEFFREY A. SIEGMEISTER, State Attorney of the Third Judicial Circuit of Florida, charges that JUSTIN CARLISLE HAYNES on or about July 29, 2019, in Leon County, Florida, did intentionally commit an act that was imminently dangerous to another and demonstrating a depraved mind without regard for human life, and such act would have resulted in the death of JASMINE PERKINS except that someone prevented JUSTIN CARLISLE HAYNES from killing JASMINE PERKINS or he failed to do so, and during the commission of said attempted murder JUSTIN CARLISLE HAYNES did actually possess, carry, display, use, threaten to use or attempted to use a firearm, and during the commission of said attempted murder JUSTIN CARLISLE HAYNES discharged a firearm resulting in great bodily harm upon JASMINE PERKINS, contrary to Florida Statutes 777.04, 782.04(2) and 775.087.
COUNT 2: JEFFREY A. SIEGMEISTER, State Attorney of the Third Judicial Circuit of Florida, further charges that JUSTIN CARLISLE HAYNES on or about July 29, 2019, in Leon County, Florida, did wantonly or maliciously shoot at, in, within, or into a building a missile that would produce death or great bodily harm, to wit: bullet or projectile discharged from a firearm, contrary to Florida Statute 790.19.
COUNT 3: JEFFREY A. SIEGMEISTER, State Attorney of the Third Judicial Circuit of Florida, further charges that JUSTIN CARLISLE HAYNES on or about
005
July 29, 2019, in Leon County, Florida, did unlawfully attempt to unnecessarily kill an animal, contrary to Florida Statute 777.04 and 828.12.
STATE OF FLORIDA COUNTY OF SUWANNEE
State Attorney, Third Judicial Circuit
I HEREBY SWEAR that the allegations set forth in the foregoing Information are based upon facts that have been sworn to as true and which if true would constitute the offense(s) therein charged. I further certify that this prosecution is instituted in good faith and that I have received testimony under oath from the material witness or witnesses for the offens)(s) charged.
JOHNNWEED ,, , Designated Assistant State Attorney
Florida Bar No. 324840
I HEREBY CERTIFY that the foregoing was personally sworn to and subscribed before me by JOHN N WEED, a Designated Assistant State Attorney of the Third Judicial Circuit, who is persQ.Qally known to me, this 5 day of September, 2019. 1
,, •. ,~•~·••,, CAROL A. HINGSON t:f1f."•·•V.•y~ Commission# FF 942146 %1- {~l Expires January 12, 2020 '••·l,w. .. ,'rf:·•· Ban4ld ThN T"" F oin 1n ....... soo-385-7019
/
NOTARY FLORIDA
NOT ARY STAMP
APPENDIX
B
006
007
Filing# 128218182 E-Filed 06/07/2021 12:42:18 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA
CASE NO.: 2019-CF-2625
STATE OF FLORIDA
v.
JUSTIN HAYNES,
Defendant. __________ /
DIGITAL PROCEEDINGS: EXCERPT FROM MOTION HEARING TESTIMONY OF JASMINE PERKINS
BEFORE: THE HONORABLE DAVID W. FINA
DATE: May 28, 2021
TIME: Commencing at 10:43 a.m. Concluding at 11:58 a.m.
LOCATION: Leon county courthouse Tallahassee, Florida
TRANSCRIBED BY: SONIA FANCHER Notary Public in and for the State of Florida at Large
*All parties participated remotely by telecommunication equipment as per Second circuit Administrative Orders 2020-04 and 2020-05. ·k
SONIA FANCHER official court Reporter
Leon county courthouse, Room 341 Tallahassee, FL 32301
008
1
2
APPEARANCES
3 REPRESENTING THE STATE ATTORNEY:
4 JOHN N. WEED, ASSISTANT STATE ATTORNEY STATE ATTORNEY'S OFFICE, THIRD CIRCUIT
5 310 PINE AVENUE SW LIVE OAK, FLORIDA 32064-2317
6
7
8 REPRESENTING THE DEFENDANT:
9 GARY A. ROBERTS, ESQUIRE GARY A. ROBERTS & ASSOCIATES, LLC
10 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MUTAQEE AKBAR, ESQUIRE LAW OFFICE OF MUTAQEE AKBAR, P.A. P.O. BOX 10143 TALLAHASSEE, FLORIDA 32302-2143
TIFFANI N. BROWN, ESQUIRE TIFFANI N. BROWN LAW, PLLC 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
2
009
1
2
3
WITNESS:
INDEX
4 JASMINE PERKINS
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Direct Examination By Mr. weed Cross-Examination By Mr. Roberts
STATE'S EXHIBITS:
9 and 10 29, 30, and 31 B E and F G H through J Kand L M
INDEX OF EXHIBITS
Certificate of Reporter
3
PAGE:
5 33
PAGE:
20 22 24 27 28 30 31 32
58
010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
4
PROCEEDINGS
THE COURT: okay. call your next witness, Mr. weed.
MR. WEED: Jasmine Perkins.
THE COURT: Jasmine Perkins. she 1s 1n the waiting
room.
(Pause.)
THE COURT: Ms. Perkins, if you can hear me, your
video is not up. If you can, bring that up for us, and
your microphone is muted. You have
THE WITNESS: okay. I'm sorry.
THE COURT: I can hear you now. can't see you.
THE WITNESS: Yes, sir.
THE COURT: okay. Still no video.
THE WITNESS: This says, allow. okay. Allow.
okay. It says I need to go to my settings. I'm sorry.
THE COURT: okay.
THE WITNESS: okay.
THE COURT: All right. I think we are getting you
now. can't see your face very well, Ms. Perkins. If you
can, tilt the camera. There we go. There we go.
21 Perfect. Thank you. If you would, please raise your
22 right hand to be sworn.
23 whereupon,
24 JASMINE PERKINS
25 was called as a witness, having been first duly sworn, was
011
1 examined and testified as follows:
2
3
THE COURT: okay. You may 1nqu1re, Mr. weed.
DIRECT EXAMINATION
4 BY MR. WEED:
5
6
7
8
9
10
Q
A
Q
A
Q
A
Please state your name for us.
I'm Jasmine Perkins.
Do you know the defendant Justin Haynes?
Yes.
And how long have you known him?
since November of 2017.
5
11 Q All right. were you ever 1n a romantic relationship
12 with him?
13
14
15
16
17
18
19
20
21
A Yes.
Q And when was the time period of that romantic
relationship?
A On and off from November 2017 to July 29th, 2019.
Q All right. whenever you say on and off again, were
there periods of time during that timeframe where you weren't
so much of a couple?
A Yes.
Q All right. But now on July 29th of 2019, what kind
22 of relationship did you have with the defendant at that time?
23 A A working relationship, we were hanging out,
24 spending time at each other's home. we were on an on period.
25 Q okay. All right. Now, where does the defendant
012
1 live where did he live on July 29th of 2019?
2 A 1021 Preston Street.
3 Q
4 defendant?
5
6
7
8
A
Q
A
Q
All right. And who lived at that home with the
It was him. His son would be there occasionally.
All right. And who is his son?
Malcolm.
All right. And how old was Malcolm back on
9 July 29th of 2019?
10
11
A
Q
He was three.
All right. Now, did you (inaudible) dog back on
12 July 29th of 2019?
A Repeat that. I'm sorry.
Q Did you have a dog back on July 29th?
A Yes.
Q All right. And what was your dog's name?
A His name 1s Sampson.
6
13
14
15
16
17
18 Q All right. Now, was Sampson at the defendant's home
19 on July 29th of 2019?
20
21
22 date?
23
A
Q
A
Yes.
And why was Sampson at the defendant's home on that
Justin and I were spending so much time together
24 that I didn't want him to be at my apartment or town house at
25 the time alone. so he was at Justin's house where I was going
013
7
1 to be -- where we had been.
2 Q All right. And how long before July 29th of 2019
3 had Sampson been at the defendant's home?
A Maybe a week. 4
5 Q okay. Now, on July 29th of 2019, did you go to the
6 defendant's home?
7
8
9
10
A
Q
A
Q
Yes.
Approximately when?
It was sometime between 6:30 and 7:30.
All right. And why did you go to the defendant's
11 home on that date?
12 A Just to hang out, go to sleep, go to work the next
13 morning.
14 Q All right. In the days leading up to July 29th of
15 2019, had you been going over to the defendant's home and
16 spending the night?
17
18
A
Q
Yes.
All right. so on July 29th of 2019, was that your
19 routine practice to stay at the defendant's home?
20
21
22
23
24
25
when
the
A Yes.
Q Now, who all was present at the defendant's home
you got there on July 29th of 2019?
A Justin and his son and Sampson.
Q All right. Now, what did you do whenever you got to
defendant's home on July 29th of 2019?
014
8
1 A when I walked 1n, I sat down on the couch with him.
2 we had a brief conversation. I went, made some burgers, sat
3 down with him on the couch. Eventually I put my stuff up and
4 went into the bedroom.
5 Q All right. Now, whenever you say you cooked some
6 burgers, did you cook burgers for yourself or for anybody
7
8
else?
A I cooked burgers for everyone. I think I made like
9 six burgers, something like that.
10 Q All right. And did Justin -- the defendant, did he
11 eat any of those burgers that you cooked?
12 A No, he didn't eat with me.
13 Q okay. But did he eat any of the burgers?
14
15
16
17
18
19
20
21
22
23
24
25
A
Q
A
Q
A
Q
A
bathroom.
Q
I don't know.
All right. Did you eat any of the burgers?
Yes.
okay. After you ate the burgers, what did you do?
went into the bedroom.
All right. And which bedroom would that be?
It's probably the main bedroom to the right of the
All right. And is that the defendant 1s that the
room that the defendant used to sleep in?
A Yes.
Q All right. Now, up until that point 1n the night
015
1 and the evening, what was the defendant's demeanor like or
2
3
mood?
A He was a little agitated, irritable. I thought
4 something was wrong. Maybe he was drinking before I got
5 there. That's the reason why I (inaudible) the burgers.
9
6 Q All right. well, let me ask you this. Did you see
7 the defendant drinking alcohol that night?
8 A No, uh-uh.
9 Q All right. Did he seem or appear as if he had been
10 drinking alcohol?
11
12
13
14
15
16
17
18
19
20
21
22
23
A Yes.
Q And why do you say that? what did you see that made
you think that?
A Like his words were slurred, and he had a lot of
like saliva in his mouth. It was just I mean, we have
drinked together. so I kind of know what it looks like.
Q All right. Now, you said at some point that you're
1n the defendant's bedroom after eating the burgers?
you?
A uh-huh, yes.
Q
A
Q
what are you doing 1n the bedroom?
I just laid across the bed. I had the TV on.
All right. was anybody else in the bedroom with
24 A Sampson was underneath the bed 1n a little hideout,
25 a little comfortable spot that he found. Malcolm was in and
016
10
1 out of the room.
2
3
4
Q
A
Q
And what was Malcolm doing in and out of the room?
Relaying messages from Justin to me.
And what do you mean by relaying messages?
5 A Malcolm would just come ,n and say, daddy wants to
6 talk to you. why aren't you talking to daddy?
7 Q oh, okay. All right. well, eventually does the
8 defendant come into the bedroom?
9
10
11
12
13
14
15
16
17
18
19
20
21
A Yes.
Q All right. well, what happens when he comes into
the bedroom?
A He's telling me that we need to talk. we need to
have a conversation. And, basically, I say, okay. I was
trying to avoid the conversation. I just felt like it could
get -- turn into an argument. so I told him if you want to
have a conversation, you know, put your son in his room, and
he went off about that.
Q All right. You said that he went off about that.
who went off?
A Justin. Justin got angry at the fact that I asked
him to put his son ,n his room and put his son in his room
22 so that we can have a conversation to talk about whatever it
23 1s that he wanted to talk about.
24 Q All right. Now, did the defendant put Malcolm ,n
25 his room?
017
11
1 A Yeah, he did.
2 Q okay. so after the defendant put Malcolm 1n
3 Malcolm's room, then what did the defendant do?
4 A He was standing in the threshold of the door, and he
5 said, you know, you can't, you know, put my -- you can't just
6 shoo away my son. You can't just put him away like a dog, put
7 him -- tell me to put him to bed or something along those
8 lines. You just can't get rid of him. so he got angry, and
9 he started to hit the wall. And --
10
11
12
13
14
15
16
17
18
Q
A
Q
A
Q
A
Q
point?
A
And what do you mean by hit the wall?
Punch the wall.
All right. All right. And then what happened?
Sampson started barking.
All right. so is this still 1n the bedroom?
Yeah.
All right. so who all 1s 1n the bedroom at this
Justin 1s 1n the entrance of the door. I'm on the
19 bed, and Sampson between the bed and the closet.
20 Q All right. okay. so describe what happens next.
21 A so he's angry about me telling -- asking him to put
22 Malcolm in his room. He hits the wall. Sampson is barking.
23 Now he's telling me to shut the dog up, shut him up. And then
24 the situation escalates, and I (inaudible) Sampson between the
25 bed and the closet. I have my arms around him. Justin walks
018
12
1 by us looking in his drawer and looks 1n his closet and says
2
3
4
5
6
either where's my gun or I'm going to get my gun or something
like that and leaves the room. Once he leaves the room, I
close the door, lock the door, and I'm holding the door. And
shortly after that I hear him coming back to the door.
Q All right. And let me back up for a minute. So why
7 did you close and lock the door to the bedroom after the
8 defendant left?
9
10
A
Q
Because he told me he was going to get his gun.
okay. All right. And after the defendant left, did
11 he ever come back to the bedroom door?
12
13
A
Q
14 the door?
15
16
A
Q
Yes.
All right. could you hear him on the other side of
I could hear him and feel him.
All right. so just to be clear, are you inside the
17 bedroom while the door is locked?
18
19
20
21
A
Q
A
Q
Yes.
And is the defendant outside of the door?
Yes.
okay. what do you hear the defendant doing outside
22 of the door -- bedroom door?
23
24
25
A
Q
A
He's twisting on the doorknob.
All right. Is he saying anything?
Yes, open the door.
019
1 Q All right. And what do you do?
2 A Tell him to calm down, stop. I'm just standing
3 there holding the doorknob talking to him (inaudible).
4 Q All right. Now, is he talking to you through the
5
6
door?
A No, he's yelling. He's angry. He's yelling and
7 cursing, making threats.
8 Q And what kind of threats?
A
Q
He said I wasn't safe. He was going to kill us.
All right. so then what happens?
A I hear -- I hear what sounds like -- I hear what
13
9
10
11
12
13
sounds like a gun cycling, and I try to move; but I've already
been hit.
14 Q All right. And what do you mean by you've already
15 been hit?
16 A well, I mean, when I tried to move from the door, I
17 moved my body to the left and backed up out of that little
18 corner. And I just -- I looked, and I -- there was blood
19 everywhere.
20
21
22
23
24
25
Q
A
Q
A
All right. Did you hear the sound of a gunshot?
I did.
All right. And where were the shots coming from?
The outside of the door.
Q At the time that you heard the gunshots, where were
you standing?
020
1
2
A
Q
14
Behind the door.
All right. Now, before you heard the gunshots, did
3 you hear the defendant say anything about he was going to
4 shoot?
A
Q
A
Q
5
6
7
8
9 you had
10
11
12
13 open.
14
A
Q
A
Q
15 to walk?
16 A
17 stand.
18
19
20
21
22
23
Q
A
Q
A
Q
A
No.
what was he saying?
Open the door.
Now, after you heard the shots, did you notice if
any 1nJur1es on you?
Yes.
And where were the injuries?
My hand was completely opened, and my thighs were
okay. After you saw those 1nJur1es, were you able
I maybe took two steps before I lost the ability to
okay. so at that point then were you on the floor?
Yeah.
All right. was Sampson still ,n the room?
Yes.
All right. where was he at?
Between the bed and the closet ,n front of the
24 dresser drawers.
25 Q Did you do anything with Sampson?
021
15
1 A Yeah, I told Sampson, you know, get 1n the closet,
2 and I put my feet -- once I closed the -- got the closet
3 closed, I put my feet on the creases of the door of the closet
4 to keep them closed.
5 Q All right. Now, are you still on the floor at this
6 time?
7
8
9
A Yes.
Q All right. Did you have a telephone with you?
A Yeah, I found my phone. I guess I brought it in
10 there with me from earlier, but I still had my phone. And I
11 had to ask for help, and so I just -- I called the police. I
12 called 911.
13 Q All right. when you say you asked for help, what do
14 you mean by that?
15 A As soon as I was shot, I told Justin he had shot me;
16 and I asked him to call the police.
17 Q okay. Now, at this point was the defendant still
18 outside the room?
19 A Yes.
20 Q okay. And in response to you asking for help or to
21 call the police, what did the defendant do?
22 A Completely ignored it. Just -- I guess he acted
23 like he didn't hear me. I don't know.
24 Q All right. what was he doing?
25 A (Inaudible) threats.
022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Q
A
Q
A
I'm sorry?
He continued to make threats through the door.
okay. All right. well, did you call 911?
Yes.
16
Q All right. And were you able to get ,n touch with
the 911 operator?
A
Q
A
Yes.
Do you remember talking to the 911 operator?
Yes.
Q All right. what was your condition at that time?
A Terrified. I was short of breath. I was
overwhelmed. I guess I was in shock. I don't know.
Q Now, while you were talking to the 911 operator,
what was the defendant doing?
A Making threats, yelling at me.
Q All right. was he in the room or still outside the
room?
A when I first got on the phone with the 911 operator,
19 he was outside of the room. Towards the end of the
20
21
22
23
24
25
conversation, he had got ,n the room.
Q All right. so if I understand you correctly, while
you're on the telephone with the 911 operator at the beginning
of that conversation the defendant is out of the room, but
towards the end of that conversation he does enter the room?
A Yeah.
023
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
17
Q I understood you correct?
A That's correct. He -- once he gained entry to the
room, he took my phone and hung up on the 911 operator.
Q okay. Now, do you know how he was able to gain
entry into the room?
A No.
Q All right. well, let me ask you this. Have you
ever seen the defendant use any sort of a, you know, something
like a metal object to pick the lock or to open the door
before to that bedroom?
A Yes.
Q okay. Now what were you doing whenever the
defendant entered the room?
A sitting on my behind with my back against the bed
and my feet against the closet door, and I was on the phone
with the 911 operator.
Q okay. And were you continuing to talk to the 911
operator?
A Once Justin got into the room, I was -- my attention
20 was on him.
21 Q okay. All right. so what happened with the
22 telephone and the 911 operator?
23 A well, once he gets in the room, I believe we had a
24 brief -- like I'm basically saying, I can't believe you shot
25 me. And he takes my phone which is on speaker, and he hangs
024
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
18
up on the 911 operator.
Q All right. And then what's the next thing that
happens?
A He tries to pick me up, and for whatever reason the
first time he doesn't. And then the second time he's able to
pick me up and takes me and puts me in the living room area.
Q All right.
A By this time (inaudible).
Q All right. so what are you doing there in the
living room?
A Just laying there.
Q All right. Do you hear anybody outside the house at
that point?
A I see lights, like a lot of lights coming through
the windows, and I hear banging at the door.
Q okay. All right. And what does the defendant do at
that point?
A He's pacing back and forth with his hands on his
head saying he's going to jail.
Q okay. All right. Eventually does the defendant
21 answer the door? Or let me ask you, do you remember that?
22
23
A
Q
24 remember.
No.
All right. well, just tell me the next thing you do
25 A The next thing I remember I hear shouting. I assume
025
1 it 1s the police, and then I see -- or remember feeling a
2 bunch of people around me. Somebody tied something really
3 tight around my leg, and then I remember the lights when I
4 came out on the stretcher. Somebody talked to me 1n the
5 ambulance, and somebody was talking to me once I got to the
6 hospital.
19
7
8
Q okay. All right. Now, what 1nJur1es did you have
as a result of this incident?
9 A My hand, my left hand -- it's just -- I mean, it's
10 broken. It can't be fixed. My legs, the way it healed my
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
skin 1s attached to the muscle; so it pulls when I walk and
just (inaudible), a scar on both my legs and my hand.
Q All right. Now, I want to share some exhibits with
you. These are going to be exhibits 9, 10, 20, 29, 30, and
31; so let me pull them up. All right. Do you see a screen?
It 1s a white screen, and it says Ms. Perkins on there.
A Yes.
Q All right. Now, have you seen -- and this 1s a
PowerPoint presentation. Have you seen this -- the
photographs in this PowerPoint presentation before?
A Probably.
Q
recall?
A
Q
Yeah. The Exhibits 9, 10, 20, 29, 30, and 31 if you
sure. Yes.
Yeah. Is Exhibits 9 and 10, are they true and
026
1 accurate photographs of the defendant's home where this
2 incident happened?
3 A Yes.
20
4 MR. WEED: okay. And, Your Honor, I'd like to enter
5 and publish State's Exhibit 9 and 10 at this time.
6 THE COURT: Any objection, Mr. Roberts?
7 MR. ROBERTS: No objection, Your Honor.
8 THE COURT: 9 and 10 will be admitted.
9 (State's Exhibits 9 and 10 received in evidence.)
10 BY MR. WEED:
11 Q All right. Ms. Perkins, I don't know if you can see
12 State's Exhibit 9 now on the screen?
13
14
15
A Give me one second -- one second. okay. I can see
it.
Q All right. And what 1s State's Exhibit 9 a
16 photograph of?
17 A That's where Justin was staying at the time.
18 Q All right. Is this the home that you were at on
19 July 29th of 2019 where this happened that you just testified
20 to?
21
22
23
A Yes.
Q All right. Now,
1s that a photograph of?
looking at State's Exhibit 10, what
24 A That is what it looks like when you first walk into
25 the home.
027
21
1 Q All right. Now, I want to show you State's Exhibit
2 20 and just ask you, do you recognize that metal object that's
3 depicted 1n State's Exhibit 20?
4
5
6
7
8
9
10
A
Q
A
Yes.
All right. Have you seen that metal object before?
Yes.
Q And where have you seen that metal object before?
A That is what we use to get into a locked door, a
locked door at that house.
Q And where is that metal object -- when you've seen
11 it at the defendant's house, where is it normally kept?
12 A Either 1n a drawer or on top of the door out of
13 Malcolm's reach.
14 Q All right. Now, I want to show you State's Exhibit
15 29, 30, and 31 which are photographs of the bedroom you were
16 1n. Are State's Exhibit 29, 30, and 31 which you viewed
17 previously, are they true and accurate photographs of the
18 bedroom you were in when you were shot?
19
20
21
22
23
24
25
A Yes.
MR. WEED: Your Honor, I would ask that State's
Exhibit 29, 30, and 31 be entered into evidence and
published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: You didn't move 20 into evidence. Did
028
22
you intend to?
MR. WEED: Not at this time, Your Honor, no.
1
2
3 THE COURT: okay. All right. 29, 30, and 31 will
4 be admitted.
5 (State's Exhibits 29, 30, and 31 received 1n
6 evidence.)
7 BY MR. WEED:
8 Q All right. so what are we looking at 1n State's
9 Exhibit 29, Ms. Perkins?
10
11
A That's where I was shot 1n the -- yeah.
Q okay. If you see where first, let me put the
12 curser. Do you see -- what is the door depicted in this
13 photograph? Is that the bedroom door?
A uh-huh, yes, that's the bedroom door.
Q Is this the entrance to the bedroom in which you
were shot?
A It was it l S.
14
15
16
17
18
19
20
21
22
23
24
25
Q And 15 this area 1n front of the bedroom door where
you were standing when you were shot?
A Yes, it l S.
Q All right. And further back 15 that the bed and
some sheets laying on the floor?
A Yes.
Q All right. Now I want to go to State's Exhibit 30.
what are we looking at 1n State's Exhibit 30?
029
1
2
3
4
5
6
A
Q
A
Q
A
Q
That's the bed.
uh-huh.
That's the sheets that I was on when I
uh-huh. And what 15 this object right
That's my cell phone.
All right. Next, State's Exhibit 31.
fell.
here?
Is that
7 another view of your cell phone and the bloody sheets?
8
9
A
Q
That's correct.
All right. And to the right where I have the
10 curser, are these doors to the closet in the bedroom?
11 A Yes, that's correct.
12 Q All right. Now, next I want to show you State's
13 Exhibit 3 and 4 which if you recall we previously went over
14 which are photographs of Sampson and have already been
15 admitted into evidence. Are State's Exhibit 3 -- 3 and 4
16 photographs of Sampson, your dog?
17
18
A
Q
Yes, yes.
All right. Now, next I want to go to State's
23
19 Exhibit B. Do you recall listening to State's Exhibit B being
20 an audio recording?
21
22
23
24
A
Q
A
Q
Yes.
And what 1s it an audio recording of?
when I called the 911 operator.
All right. And is State's Exhibit Ba fair and
25 accurate audio recording of your 911 conversation with the 911
030
24
operator on July 29th of 2019?
A Yes.
1
2
3
4
5
6
Q And can you 1n this audio recording can you hear
the defendant's voice 1n the background?
A Yes.
Q All right. During your 911 call with the 911
7 operator, is there somebody that's -- can be heard yelling 1n
8 the background?
9 A Yes.
10 Q And who 1s that -- whose voice 1s that yelling 1n
11 the background?
12 A It is Justin's.
13 MR. WEED: And, Your Honor, at this time I would
14 like to enter State's Exhibit B into evidence and
15 publish.
16 THE COURT: Any objection to B?
17 MR. ROBERTS: No, Your Honor. Thank you.
18 THE COURT: okay. B will be admitted.
19 (State's Exhibit B received in evidence.)
20 THE COURT: And you may publish.
21
22
23
24
25
MR. WEED: And please let me know if you can't hear
it, but I'm going to start it right now.
(State's Exhibit B, a 911 recording, 1s published 1n
open court.)
MR. WEED: were you able to hear that, Your Honor?
031
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
25
THE COURT: No.
MR. WEED: oh, gosh. Your Honor, were you able to
hear that?
THE COURT: No.
MR. WEED: Let me try something else real quick
then. were you able to hear that?
THE COURT: No.
MR. WEED: No?
THE COURT: Is it on mute? You just flipped up a
shot there that looked like there was a mute that may
have been activated.
MR. WEED: Still nothing?
THE COURT: A little bit of garbled at the beginning
but (inaudible) discernible, and it was very low volume
as well.
MR. ROBERTS: Mr. weed, for the record, we have
pulled it up. If you need us to play it, we can play it
as well.
MR. WEED: Yes, that would be great.
MR. ROBERTS: okay. So let me -- so my wonderful
associate would have to mute my end and then go to her
end.
(State's Exhibit B, a 911 recording, 1s published 1n
open court.)
032
26
1 BY MR. WEED:
2 Q Ms. Perkins, what were some of the things the
3 defendant was yelling while you were on the 911 call?
A He said I wasn't safe and that he will F'ing kill
me.
4
5
6
7
8
9
Q All right. was he saying anything about opening the
door?
A Yes.
Q All right. All right. Now, let me ask you, you
10 said earlier that you and the defendant were hanging out and
11 interacting in the days and weeks prior to July 29th of 2019?
12 A Yes.
13 Q All right. Did you take any photographs of you and
14 the defendant as you and him were hanging out in those days
15 and weeks before July 29th, 2019?
16
17
18
19
20
A Yes.
Q All right. I'm going to go ahead and try to share
with you State's Exhibit E and F. Have you seen State's
Exhibit E and F before, photographs of you and the defendant?
A Yes.
21 Q Are they true and accurate photographs of you and
22 the defendant together?
23 A Yes.
24 MR. WEED: Your Honor, I'd ask that State's Exhibit
25 E and F be entered into evidence and published.
033
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
27
THE COURT: Any objection? I couldn't hear you,
Mr. Roberts. I don't know if you are muted. It doesn't
appear as though you are muted.
(Pause.)
THE COURT: I can't hear you.
(Pause.)
MR. ROBERTS: can you hear me now, Your Honor?
THE COURT: Yes, sir. Thank you. Any objection to
E and F?
MR. ROBERTS: No objection.
THE COURT: All right. E and F will be admitted,
and you may publish.
(State's Exhibits E and F received 1n evidence.)
BY MR. WEED:
Q what are we looking at in State's Exhibit E?
A That's Justin and myself.
Q All right. And was this a photograph that you took?
A Yeah.
Q And the date and time for the photograph; 1s that
20 correct?
21 A That's correct.
22 Q All right. State's Exhibit F, what are we looking
23 at in State's Exhibit F?
24 A That's Justin and myself.
25 Q All right. And is -- was the date that you took
034
28
1 that photograph accurately reflected on the photograph as
2 June 17th, 2019?
3
4
A
Q
Yes.
Now, in July of 2019 did you receive a direct
5 message on Instagram from the defendant?
A Yes. 6
7 Q And specifically did you receive a direct message on
8 Instagram from the defendant on July 20th of 2019?
9
10
11
12
13
14
these
image
July
A Yes.
Q All right.
exhibits, but
of the direct
20th, 2019?
A Yes.
And I know we previously had gone over
Exhibit G, is that a true and accurate
message you received from the defendant on
15
16
17
18
19
20
MR. WEED: Your Honor, I'd ask that State's Exhibit
G be entered into evidence and published.
THE COURT: Any objection? Mr. Roberts, any
objection?
MR. ROBERTS: No. No objection, Your Honor.
THE COURT: All right. G will be admitted.
21 (State's Exhibit G received in evidence.)
22 BY MR. WEED:
23 Q Ms. Perkins, is the date on this image the correct
24 time in which -- date and time in which you received the
25 direct message from the defendant?
035
1
2
3
4
5
6
send
A
Q
A
Q
to
A
Yes.
And would the year be 2019?
That's correct.
And what is the -- what message did the defendant
you? If you could, just read that for us?
If I could ask for one thing for my birthday, I'd
7 ask that you to please call me. All I'm asking is that you
8 hear me out for the last time please.
9 Q All right. And what was the circumstances
10 surrounding that direct message?
29
11 A we had got into an argument, and I had blocked him
12 on my cell phone; and so he used Instagram to contact me.
13 Q All right. And as a result of the defendant
14 contacting you on Instagram, did you and he for lack of a
15 better term make up and continue on your relationship?
16
17
A
Q
Yes.
All right. Now, has your dog Sampson spent time
18 with the defendant before?
19
20
A
Q
21 of 2019?
22
23
A
Q
Yes.
And whenever I say before, I mean before July 29th
Yes.
All right. Has your dog Sampson spent any time with
24 the defendant's son Malcolm before July 29th of 2019?
25 A Yes.
036
30
1 Q All right. were there any problems before between
2 Sampson and the defendant or Sampson and Malcolm?
3 A Never.
4
5
6
7
8
9
Q All right. Did you ever take photographs or videos
of Sampson interacting with the defendant?
A Yes.
Q Did you ever take photos or videos of Sampson
interacting with the defendant's son Malcolm?
A Yes.
10 Q All right. we have previously gone over State's
11 Exhibit Hand J. Are those fair and accurate photographs of
12 you, the defendant, and Sampson and the defendant and Sampson?
13 A Yes.
14 MR. WEED: Your Honor, I would ask that State's
15 Exhibit H through J be entered into evidence and
16 published.
17 THE COURT: Any objection?
18 MR. ROBERTS: No objection, Your Honor.
19
20
21
22
23
THE COURT: All right. H through J will be
admitted.
(State's Exhibits H through J received ,n evidence.)
BY MR. WEED:
Q And what 1s State's Exhibit H? If you could explain
24 what we're looking at?
25 A That's me with my head partially cut off. That's
037
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sampson and Justin.
Q All right. And State's Exhibit I, what are we
looking at in State's Exhibit I?
A Sampson laying down 1n front of Justin.
Q All right. And State's Exhibit J, what are we
looking at in State's Exhibit J?
A
Q
A
Sampson and Malcolm.
And Malcolm, is that the defendant's young son?
That's correct.
31
Q All right. Now, did you also make any videos of the
defendant and you and Sampson interacting together?
A Yes.
Q All right. And we have previously gone over State's
Exhibit Kand L videos. Are they fair and accurate videos of
you, the defendant, and Sampson interacting together?
A Yes.
MR. WEED: Your Honor, I'd ask that State's Exhibit
Kand L be entered into evidence and published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: okay. Kand L will be admitted, and you
can publish.
(State's Exhibits Kand L received in evidence.)
(State's Exhibit K, a video recording, is published
1n open court.)
038
1
2
3
(There 1s no audible sound on this video.)
BY MR. WEED:
Q All right. And what did we just view there on
4 State's Exhibit K, if you could tell us what was going on?
A
Q
taken?
A
Sampson was kissing Justin, and that's myself.
All right. And approximately when was this video
June 17th, 2019.
32
5
6
7
8
9 Q All right. And now State's Exhibit L. Go ahead and
10 play that.
11 (State's Exhibit L, a video recording, 1s published
12 1n open court.
13 (There 1s no audible sound on this video.)
14 BY MR. WEED:
15 Q All right. Now, next I want to show you State's
16 Exhibit M. well, actually, you have seen State's Exhibit M
17 before. Is State's Exhibit Ma fair and accurate video of
18 Sampson playing with Malcolm or Malcolm playing with Sampson?
19
20
21
22
23
24
25
A Yes.
MR. WEED: All right. Your Honor, I would ask that
State's Exhibit M be entered and published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: M 1s admitted, and you may publish.
(State's Exhibit M received in evidence.)
039
1
2
3
4
5
6
7
8
9
10
33
(State's Exhibit M, a video recording, 1s published
1n open court.)
(There is no audible sound on this video.)
MR. WEED: Thank you. I have no more questions for
the witness.
THE COURT: All right. Cross-examination,
Mr. Roberts?
MR. ROBERTS: Yes. Thank you, Your Honor. One
moment.
CROSS-EXAMINATION
11 BY MR. ROBERTS:
12 Q Ms. Perkins, let's just go back to the top. I'm
13 taking you back to the events prior to July 29th, 2019. Isn't
14 it true that a trespass warning was issued to you to stay away
15 from the home?
16
17
18
19
A
Q
A
Q
No.
You were not given a trespass warning?
No.
okay. And within this case you gave me a
20 deposition; is that correct?
21 A Yes.
22 Q You spoke to Nick Roberts; is that correct? He's an
23 investigator that came to the hospital room; is that correct?
24
25
A
Q
Yes.
And you spoke to Investigator Megna; 1s that
040
34
1 correct?
2
3
A
Q
Yes.
And when you spoke to Investigator Megna or Megna,
4 it was videotaped; isn't that correct?
5
6
7
8
9
10
11
12
13
14
15
A Yes.
Q And in that videotape he went back and forth with
you explaining to you what a trespass warning was, whether or
not an officer gives it to you verbally or (inaudible) or the
resident of the home gives it to you. And y'all went back and
forth about what an official and an unofficial trespass
warning is; do you remember that?
A Briefly.
Q
A
Q
Excuse me, ma'am?
Briefly.
okay. But you do remember that encounter with
16 officer Megna; is that correct?
17 A I do.
18 Q okay. And it was in reference to a trespass warning
19 that was issued to you because Mr. Haynes' family did not want
20 you at the home; isn't that correct?
21 A what's the question?
22 Q I said the trespass warning was issued to you
23 because Mr. Haynes' family, his mom, his grandmother, they did
24 not want you or your dog at the home on Preston Street; isn't
25 that correct?
041
35
A No, that's not what it was in reference to, no.
I've never been given a trespassing warning.
1
2
3 Q okay. so that's -- okay. so TPD has no record of
4 you getting a trespass warning?
5 A oh, I don't know.
6 Q okay. That's fine. And then also at some point
7 Mr. Haynes is boarding your dog? You have your dog at
8 Mr. Haynes' home; isn't that correct?
9 A He's not boarding my dog. My dog is there because
10 that's where I am, and we were all hanging out.
11 Q Now, let's take it to the night of -- this incident
12 occurred. You came to the home; isn't that correct?
13 A Yes.
14
15
16
17
18
Q You went to the home. And when you got to the home,
you didn't park directly in front of Mr. Haynes' residence; is
that correct?
A Yes.
Q okay. And the reason you don't park in front of
19 Mr. Haynes' residence 1s because his grandfather lives
20 relatively close, and you do not want them to see your vehicle
21 near Mr. Haynes' home; isn't that correct?
22 A I didn't park in the driveway because Justin's truck
23 was there. I parked in (inaudible) --
24 Q so it 1s your testimony -- so it 1s your testimony
25 that you have a very good relationship with Mr. Haynes'
042
1
2
3
4
5
6
family, his mother and grandfather?
A No.
Q what type of relationship would you say you have
with them?
A
Q
I don't have a relationship with his family.
okay. well, would you say they do not like you
36
7 being at the residence on Preston Street? would you agree
8 with that statement?
9
10
11
12
13
14
15
16
17
18
A Yeah.
Q okay. Great. Now, when you were on Preston Street
and you came 1n and you talked to Mr. Haynes -- and isn't it
true he was sitting on the couch just watching TV?
A He was on the phone with his dad.
Q Yeah, he was on the phone with his dad, but he was
just watching TV, nothing major happening, just sitting down;
1s that correct?
A Correct.
Q okay. Because you described him as agitated, but he
19 1s on the phone with his dad just having a regular
20 conversation; is that correct?
21
22
23
24
25
A when he got off the phone and wanted to talk --
Q That's not what I'm asking you. when you came 1n
the home, Ms. Perkins, he was just on the phone with his dad
having a regular conversation; is that correct?
A Yes.
043
37
1 Q okay. And then at some point after that was -- your
2 dog was outside in the yard, and Mr. Haynes went and let the
3 dog in; isn't that correct?
4
5
6
7
8
9
A
Q
you got
A
Q
evening
No.
so you --
there?
Yes.
okay. But
when you and
so was the dog already in the house when
at some point during the course of the
Mr. Haynes were there, there's an issue
10 of whether or not your dog knocked down Malcolm; isn't that
11 correct?
12
13
14 all?
15
16
A
Q
A
Q
Sampson was never an issue.
You're saying Sampson never knocked down Malcolm at
No.
okay. And then after that you're saying that you
17 went into the bedroom, and you took your clothes off?
18
19
A
Q
I laid down and watched TV.
okay. Now, are you saying you didn't take your
20 clothes off? How did your clothes come off?
21 A Yeah, probably when I went into the bedroom I took
22 my clothes off and laid down just across the bed, turned the
23 TV on.
24 Q okay. And you took your clothes off on your own;
25 isn't that correct?
044
1
2
3
4
5
you
A
Q
had
A
Q
38
Yeah.
okay. And when you say you took your clothes off,
no top on, just underwear on; is that correct?
oh, yes, uh-huh.
okay. So then just fast-forwarding through the
6 night you're saying that at some point there's some wanting to
7 talk. You don't -- have no idea what they (sic) wanted to
8 talk about; is that correct? what Justin wanted to talk
9 about, but he wanted to have a conversation; is that correct?
10
11
12
13
14
15
A
Q
A
Q
A
Q
Yeah. well, he got off the phone.
You said he wanted to talk to you?
Yeah.
Ma'am?
Yes.
okay. And isn't it true that he wanted to talk to
16 you about not having your dog at the home; isn't that correct?
17
18
A
Q
No.
so do you -- you did not say to Mr. weed when he did
19 his direct examination of why he wanted to talk. You just
20 said he wanted to talk; is that correct?
21
22
23
24
25
to
A
Q
talk,
A
Q
I never found out what he wanted to talk about.
okay. Now -- but your testimony l S he just wanted
but you have no idea what he wanted to talk about?
We never got into the --
okay.
045
1
2
3
39
A -- whatever he wanted to talk about.
Q All right. At some point when -- during the
exchange I believe Malcolm -- you said Malcolm was put in his
4 room. You wanted Malcolm to be put in his room. There was --
5 Mr. Haynes became upset about Malcolm going in his room. Do
6 you remember that exchange with Mr. weed?
7
8
9
10
11
12
13
14
15
16
17
18
A Yes.
Q okay. And you guys discussed that matter with
Malcolm going in his room; isn't that correct?
A Briefly, yes.
Q okay. But at some point you're saying Mr. Haynes
becomes a little bit agitated; is that correct?
A He was already agitated.
Q okay. Now, you're stating he's already agitated,
but no one knows why he's agitated. You're just using that
term agitation?
A No, not necessarily. we had a conversation when he
was on the couch about whatever he had -- whatever else he had
19 going on. I think maybe he had been anxious about it or -- I
20 don't know. He wanted to talk to me, and I tried to avoid the
21 conversation by going into the room; and he still wanted to
22
23
talk.
Q okay. But even with that being said -- and I don't
24 know the degree of what you're saying an agitation is, but you
25 still felt comfortable enough -- or that the mood was proper
046
for you to disrobe and get in his bed; 1s that correct?
A Please repeat the question.
Q I said, even with what you're describing as some
form of agitation, you still disrobed, meaning took your
clothes off, and got in his bed; is that correct?
A Yes.
40
1
2
3
4
5
6
7
8
9
Q okay. Now, you went 1n his room on your own; isn't
that correct?
A Yes.
10 Q He did not tell you to go into his room; isn't that
11 correct?
12 A I was welcome that night.
13 Q That's not my question, Ms. Perkins. Listen to me
14 carefully. He did not ask you to go in the room. You went in
15 the room on your own; isn't that correct?
16 A He did not order me to go to the room or tell me to
17 go to the room. I was there for the night, and I went into
18 the room.
19 Q My question 1s, you went into the room on your own,
20 isn't that correct, without any direction from Mr. Haynes?
21 A Yes.
22 Q okay. And that is Mr. Haynes' bedroom where his
23 clothes and where he sleeps and he spends the night and things
24 of that nature, that's his bedroom; isn't that correct?
25 A where I spend the night, where I stay and put my
047
41
things, yes. 1
2
3
4
5
6
7
8
9
Q I'm not asking you about your things. I'm saying, 1s
that Mr. Haynes' bedroom? That's a four-bedroom house, but
that particular room you went into was Mr. Haynes' room; isn't
that correct?
A I guess.
Q
A
Q
Just a yes or no.
Yes.
okay. Thank you. And then at some point during the
10 evening you stated to Mr. weed that Mr. Haynes punched the
11 wall; is that correct?
12 A He did. can I get my charger, Mr. Roberts?
13 MR. ROBERTS: sure.
14
15
16
17
18
THE WITNESS: Thank you.
(Pause.)
THE WITNESS: okay. Thank you.
BY MR. ROBERTS:
Q okay. so he's in the room. we are talking about
19 punching the wall. okay. And isn't it true that your dog at
20 this moment is becoming a little bit more excited; isn't that
21 correct?
22
23
A
Q
After he is punching the wall and yelling, yes.
No, that's not my question. I said, during this
24 conversation you guys were having, however you want to
25 describe it, isn't your dog becoming more excitable?
048
A
saying.
I don't really know if I understand what you're
42
1
2
3 Q You know how -- you have a dog named Sampson. And
4 when Mr. Haynes is speaking with you, at some point does he
5 become more animated, more -- maybe a term is aggressive? Do
6 you remember that?
7 A No, it's not until Justin shows aggression that
8 Sampson then starts to bark.
9 Q okay. Now, at some point during that night
10 Mr. Haynes is bit on his leg by a dog in that same room where
11 you were?
12 A (Inaudible) my knowledge.
13
14
15
16
Q okay. You are saying you never seen Sampson bite
Mr. Haynes?
A No.
Q okay. And we are talking about the room that's --
17 we are not talking about a big bedroom; isn't that correct?
18 we are not talking about a huge bedroom? It is a small room?
19
20
21
A
Q
A
22 1s not
(Inaudible).
Ma'am?
It's a standard bedroom, I guess. Yeah, I guess it
23 Q But 1n other words, if you're in that room, Justin
24 Haynes 1s in that room, your dog is in that room, you could
25 see everything that's interacting between you, Justin, and the
049
43
1 dog; isn't that correct?
2
3
4
5
6
7
8
9
10
11
12
13
14
15
A
Q
That's correct.
And if your dog would have bit Justin 1n front of
you, you would have saw it; isn't that correct?
A That's correct.
Q okay. And your testimony to Mr. Haynes -- Mr. Nick
Roberts and all law enforcement officers is that your dog
never bit Justin; isn't that correct?
A That's correct.
Q And it 1s also your testimony that your dog never
bit anybody before; isn't that correct?
A Not (inaudible).
Q
A
Q
Huh?
Not to my knowledge.
No, no, no. I'm asking you -- that's -- your
16 testimony was that your dog never bit anyone, including Justin
17 Haynes before; isn't that correct?
18 A Not to my knowledge. I don't have any knowledge of
19 that.
20
21
22
23
24
25
Q okay. Now, at some point Mr. Haynes does punch the
wall, and at some point he does look around for a weapon;
isn't that correct? And you remember that, right?
A Yeah.
Q okay. And your statement today to Mr. weed was that
Justin said he was going to kill you?
050
1
2
3
4
5
6
A
Q
A
Q
A
Q
Yes.
That's what you said, right?
Kill us, kill me and Sampson, that's true.
Ma'am? Hello?
Hello.
44
That's what you said, that Justin was going to try
7 to kill you; is that correct?
8
9
10
11
12
13
14
15
A
Q
correct?
A
Q
correct?
A
Q
Me and my dog, that's correct.
okay. Now, you called 911 that day; isn't that
That's true.
okay. And you listened to the 911 call; isn't that
we just played it. Everybody heard it, right?
I heard it. That's correct.
okay. Nothing in that 911 ca 77 you ever stated that
16 Justin Haynes was trying to kill you. Did we ever hear those
17 words uttered out of your mouth?
18 A No, I never said that, but he said he was going to
19 kill me.
20 Q No, I'm just asking you. You call 911. They asked
21 you three times, actually maybe four times who shot you. And
22 you never said who shot you either; isn't that correct?
23
24
A
Q
I was in shock, Mr. Roberts.
I know you're saying that you were in shock, but
25 you're saying that someone was trying to kill you; and you're
051
45
1 calling 911 and not g1v1ng them that pertinent information as
2 to who a potential assailant would be for you. You did not
3 give them that pertinent information, and the 911 operator
4 asked you three plus times who shot you; and you never said
5 Justin Haynes shot you; is that correct? You heard the tape
6 with me.
7
8
A
Q
Yeah, I guess I never said that.
okay. In fact, you actually called for Justin a
9 couple of times, multiple times saying, Justin, I'm dying. I
10 heard that.
11
12
13
14
15
16
17
me.
dog
A
Q
You
A
Q
F' i ng
A
Yes. Yes.
okay. You didn't say, Justin, you're trying to kill
said, Justin, I'm dying; isn't that correct? Ma'am?
That's correct.
And then you also heard on the tape Justin say, the
bit me. You heard that also; l S that correct?
He only said that because he seen I was on the phone
18 with the 911 operator.
19 Q No, no, no. No, let's back up. Let's back up.
20 we're talking about what was said on the tape that you heard.
21 You heard Justin say that the dog F'ing bit me as a reason why
22 he shot at the dog; isn't that correct, Ms. Perkins?
23
24
A
Q
No, that's not correct.
Do we need to play the 911 tape again? Do we need
25 to play the tape again?
052
46
1 A Only if you want to, Mr. Roberts. But the reason --
2 he took my phone, he said that, and he hung up.
3 Q okay. Then you also said because when Mr. weed
4 1s examining you, you are stating that you're saying
5 that -- through the 911 that he is trying to kill you. But
6 there's nothing on the 911 tape because you had plenty
7
8
9
10
11
12
13
14
15
ample -- it is a three-minute tape. Just uttering the words
someone is trying to kill me 1s very quick, less than a couple
of seconds, and you never said that; is that correct?
A No, Justin says it himself that he's trying to --
he's going to kill me.
Q No, no, you are saying Justin said that. we have
absolutely no evidence other than your words.
A (Inaudible).
Q Now, let's go a little further. This is after 911
16 1s called. You rode to the hospital with a police officer,
17 Josh white, who was there who took the pictures that we just
18 showed through Mr. weed; isn't that correct?
19
20
21
22
23
24
25
A
Q
police
I don't know. I guess.
Yeah, you rode to the hospital with him. He was a
you said that. You rode to the hospital. You don't
remember riding to the hospital 1n an ambulance?
A Yes, I don't know who it was with me.
Q well, let's just strike the fact that it 1s a name.
Let's say it is a police officer. Do you remember a police
053
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
47
officer being in the vehicle with you?
A Yes.
Q okay. And you never told that police officer that
Justin Haynes was trying to kill you or harm you; isn't that
correct?
A No, I don't remember what conversations we had ,n
the ambulance.
Q I understand that. But you seem to have a very good
recollection on other topics, but when it comes to information
relating to Justin Haynes making those statements at this
particular point we are getting a little blurry, and I just
need some clarification. when you went to -- rode ,nan
ambulance with Mr. white, you -- just ordinary TPD officer,
you never said Justin Haynes was trying to kill you; is that
correct?
A I don't remember. I told the interview guy -- I
17 said it at some point. I don't remember when.
18 Q okay. And so it would be in some report that you
19 said that? That you did actually say that?
20 A That's correct.
21 Q okay. All right. And then also when you --
22 actually when you're ,n your hospital bed, you called the
23 gentleman named Jared Mabry. Remember -- you know who Jared
24 Mabry is?
25 A That's correct.
054
48
Q okay. And you called him from your hospital bed;
isn't that correct?
A I did. That's correct.
Q okay. And you told him that you were shot; isn't
that correct?
A That's correct.
Q okay. And you never told him that Justin Haynes
1
2
3
4
5
6
7
8
9
shot you or Justin Haynes was trying to kill you; isn't that
correct?
10 A I don't think we were able to talk about anything.
11 Q But I'm asking you, you spoke with him; isn't that
12 correct? You called him? Ma'am?
13 A I called him, yeah.
14 Q okay. And you had a conversation with him; isn't
15 that correct?
16
17
18
A
Q
A
No, he actually disconnected the phone.
so you never had a conversation with Jared Mabry?
Not about the shooting.
19 Q No, I'm asking you, did you ever have -- listen to
20 me. I'm not -- I try to be -- talk clear. Did you ever have
21 a conversation with Jared Mabry on the night that this
22 happened or the early morning when this happened? That's the
23 question. Yes or no, ma'am?
24
25
A
Q
Yes.
okay. During that conversation isn't it true that
055
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you never said Justin Haynes tried to kill you or harm you;
isn't that correct?
A That's correct.
Q Thank you. And then -- one moment, please. Then
49
also when you said that the incident happened -- and isn't it
true that Justin Haynes came in the room and (inaudible)
trying to pick you up, get you out of the room to try to get
you help; isn't that true?
A
Q
A
Q
A
Q
A
Q
No.
He never got you out of the room, Ms. Perkins?
He did get me out of the room.
okay.
He wasn't
And isn't it hello?
I'm still here.
I lost that. I'm saying he tried to get you out of
the room; isn't that correct?
A He eventually got me out of the room.
Q okay. And the police officers came into the area,
and they attended to you; isn't that correct?
A Yes, other people attended to me, not Justin.
Q okay. But Justin was able to carry you out of the
room; isn't that correct?
A
Q
Against my will, yes.
okay. Now, let me ask you this. You claim that
056
1
2
3
4
5
6
7
8
9
50
Justin said he's trying to kill you; isn't that correct?
A That's correct.
Q okay. so he comes into the room, and he has access
to a gun. You are saying he is trying to kill you, but
there's no more shots being fired or anything directed in your
way as regards to violence; isn't that correct? Ma'am, isn't
that correct?
A Not really.
Q Now, listen to me carefully, Ms. Perkins. After the
10 incident Mr. Haynes comes in the room. He has access to a
11 9-millimeter, a semiautomatic weapon, and you're claiming he's
12 trying to kill you, and there's no more shots or anything
13 fired in your direction after the initial incident that
14 occurred where you and your dog was actually shot; isn't that
15 correct?
16
17
18
A There were no more shots fired.
Q You're not listen to me carefully.
you're saying Mr. Haynes is trying to kill you.
After --
My question
19 1s: After Mr. Haynes gets access to the room, you're already
20 on the floor. He has a semiautomatic weapon. He has access
21 to another firearm. He never tried to shoot you or do
22 anything after the initial incident; isn't that correct?
23 A He didn't have the gun in his hand when he came ,n
24 the room.
25 Q well, he didn't put his hands around your neck or do
057
51
1 anything to harm you; isn't that correct?
2 A He hung up on the 911 operator which 1s how I could
3 get help.
4 Q All right. well, I'm just going to move on. Let's
5 get back to how the shooting incident occurred. And I took
6 your deposition, and you talked to officer Megna. And you
7 and all those things happened. Isn't it true that you're
8 stating that you're hold -- you're standing directly behind
9 the door when the gun is discharged; isn't that correct?
10 A That's correct.
11 Q okay. And you're stating that you're holding the
12 door. And when you're saying you're standing behind the door,
13 that means your physical body is in front of the door; isn't
14
15
that correct?
A Yes, I'm holding the door, holding the knob, pulling
16 l n.
17
18
19
20
21
22
23
24
25
Q with both hands; isn't that correct? what you said
1n your deposition?
A (Inaudible).
Q All right. And then when you're holding the door,
you're facing front to the door, not side or any other angles;
isn't that correct?
A That's correct.
Q okay. And then you said that when the shots were
fired your dog Sampson was on the opposite side or somewhere
058
else in the room not near you when the gun was discharged;
isn't that correct?
52
1
2
3
4
5
6
7
8
9
A That was between the bed and the closet 1n front of
the dresser.
Q okay. so when you're holding the door with both
hands, Sampson could not be in your hands; is that correct?
A (Inaudible) was not ever in my hands.
Q Excuse me?
A Sampson was never 1n my hands.
10 Q And that's exactly what I wanted to -- that's where
11 I was going. so when the shots were fired, both your hands
12 and your body 1s facing the door, the gun is discharged, and
13 you are shot; 1s that correct?
14
15
A
Q
That's correct.
okay. And -- but somehow with Sampson being away
16 from the door, you having access -- you're holding the door
17 with both hands, Sampson -- did you know that Sampson was
18 actually hit with the projectile or bullet? Did you know
19 that?
20 A Never, not until I was in the hospital.
21 Q okay. so your understanding was Sampson was not
22 shot that night? That's your understanding?
23 A No, sir, that's not what I just said.
24 Q No, I'm just asking you. was it your understanding
25 that Sampson was never shot?
059
1
2
3
shot.
A
Q
53
I found out 1n the hospital that Sampson had been
And to your knowledge you don't know how that
4 happened, that's what you're telling us? You don't know how
5 Sampson could have gotten shot?
6 A well, I know how. There was a gun discharged where
7 we were.
8 Q okay. so -- but you're stating that when the gun
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was discharged -- and listen to me very carefully -- that
Sampson was not around when the gun was discharged?
A Sampson was between the bed and the closet 1n front
of the dresser.
Q And you were holding the door?
A well, I was holding the door. when I heard the gun
cycle or engage or whatever term it is, I heard that happening
on the other side of the door, and I turned my body to the
left; and I noticed I had been shot.
Q okay. so you said -- so you're turning your body
before or after the shooting? Because you are claiming
now, remember you said you had both hands on the door.
A I did have both hands on the door. I had both hands
on the door after the --
Q okay. You had both hands on the door when the gun
was discharged? That's where I'm getting at.
A I don't know about any of that. I had my hands on
060
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
54
the door. I heard the noise of the gun cycling. I turned my
body. I see I'm shot. I make like two steps, and then I fall
and yeah.
Q And -- now, also you're stating that while you're
shot and we're talking about -- this is severe gunshot
wounds, and I'm so sorry that that happened to you with all
sincerity. I wouldn't -- you know, just understand that when
I'm asking these questions, I'm asking in the realm of a
defense attorney. so -- but your wounds are very serious;
isn't that correct?
A Yes, sir, they are.
Q And so your wounds are so serious that when you got
shot your hands and your leg had significant wounds where you
really was rendered immobile; isn't that correct?
A That's correct.
Q Ma'am?
A That's correct.
Q okay. But, however, you're stating that you are
still able to -- even though you're immobile, you're still
able to get Sampson into the closet by voice command; isn't
that correct?
A
Q
A
Q
Once I hit the floor, I said, you know -
My question
Excuse me?
This is -- my question 1s that your testimony 1s
061
55
1 that you got Sampson to a closet by voice command; isn't that
2 correct?
3 A The closet doors were already open. I told him to
4 get inside. He went inside. I closed the door with my feet,
5
6
7
8
9
10
11
12
13
14
15
16
put my feet against the creases of the door so that it
wouldn't open, and that's what happened.
Q so -- and so with all this happening with you being
shot, you were still able to maneuver or assist your dog to
get in the closet? That's your testimony then, right?
A He didn't need much assistance.
Q okay.
A But I commanded him to get in the closet, and that's
what he did; and somehow I was able to (inaudible) the doors.
Q so when you're doing -- when you're getting Sampson
in the closet, to your knowledge did it look like Sampson was
shot, or did it look like he was not shot?
17 A No, I didn't think -- I didn't know that he was
18 shot. I didn't think he was shot.
19 Q Did he behave like something happened to him, or he
20 just was acting normal?
21 A He just looked anxious. He looked terrified. He
22 just looked -- just shocked.
23 Q But I'm -- my question to you, was there any
24 indication when you were getting him in the closet that the
25 dog was actually shot at that particular time?
062
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
56
A No.
MR. ROBERTS: okay. okay. Let me just go through.
okay. Hold on one moment.
(Pause.)
MR. ROBERTS: That's it. Mr. Akbar, was there
anything that we may need to cover additionally if you
are still there?
MR. AKBAR: Yes, I'm still here. No, I think you
covered it all, Mr. Roberts.
MR. ROBERTS: Thank you so much, Mr. Akbar. The
witness is with the court, Your Honor, for redirect.
THE COURT: okay. Redirect, Mr. Weed? Thank you.
Any questions, Mr. weed? Your microphone 1s muted.
MR. WEED: I'm sorry. No questions.
THE COURT: okay. Thank you. can this witness be
excused?
MR. WEED: Yes.
THE COURT: You are free to go, Ms. Perkins.
THE WITNESS: okay. Thank you.
THE COURT: You're welcome to stay too if you would
like, but you're free to go if you would like.
THE WITNESS: okay. Thank you.
THE COURT: All right. Who will be your next
witness, Mr. weed?
MR. WEED: Detective Megna.
063
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
57
THE COURT: And do you expect that to take a lengthy
time or relatively short?
MR. WEED: It is going to take a while, Your Honor.
There's
THE COURT: okay.
MR. WEED: Part of it 1s going to be playing a
recorded interview. If I could get the recording to
play -- which I will work on over lunch.
THE COURT: okay. I've got just a few minutes
before noon. Let's take a recess, reconvene at 1:00 p.m.
That should give us just at an hour for lunch. Any
objections to that from counsel?
MR. ROBERTS: No, Your Honor. Thank you so much.
THE COURT: okay. we will be in recess then. we
will reconvene at 1:00 p.m.
(Court is ,n recess at 11:58 a.m.)
064
58
1 CERTIFICATE
2 STATE OF FLORIDA:
3 COUNTY OF LEON:
4 I, SONIA FANCHER, official Court Reporter, do hereby
5 certify that the foregoing proceedings were digitally recorded
6 at the time and place therein designated; that I later reduced
7 said digital recording stenographically and that my notes were
8 thereafter translated; and the foregoing pages are a true and
9 accurate transcript of the aforesaid proceedings.
10 I FURTHER CERTIFY that I am not a relative,
11 employee, attorney or counsel of any of the parties, nor
12 relative or employee of such attorney or counsel, or
13 financially interested in the foregoing action.
14 DATED this 7th day of June, 2021.
15
16
17
18
19
20
21
22
23
24
25
g~,~ '£; c_Jv_,----='L'--------soNIA FANCHER OFFICIAL COURT REPORTER LEON COUNTY COURTHOUSE, ROOM 341 TALLAHASSEE, FLORIDA 32301
APPENDIX
C
065
066
Clerk of the Courts Leon County, Florida
Hearing Record
Date: 5'.- 2 Co - 2 \ Defendant: \\ V. S:-\-\ Y'i \\ Q j '(\e '!; Case No. \ CJ C F 2, (t l 6 ~
Judge: D <AV\ ct :£\n (A., Court Reporter:: _{2-0~~---
State Atty: \J cfu \"\ \N <. e. cl Defense Atty: G C\. Y ~ ~\, t. \' h
Witness List: stat" V... ~ \ Q.%ef~~ P.. V
1. t2o '» <- v t Prmo.s -- -r~ t>
2. ~a~ t. srn W~\ :\-t. --1"? D 3. \¥AC \J... W ·, \\ i 0\ M_~ - --r()~ ,
4. w-~ \ \~9-(y\ \f ec.~e.c ---r~o
s. ~ O,J' ro~wu. 'Pe)< \l:'.\n s . . 6. ,)ttd)'{'(\ e. \J\~3 ~ - -n:, 0
1. 1so..v",a,.v-a, tfz> k ks 8. J\&V\\()y ::CQ.~ 9. Dr.(bcl t\tS Eeoed\ct-10. cJQicc\ µ Obftj
~
J
Exhibit List: *= admitted into evidence id= identification. purposes only (not admitted)
State's Exhibits:
\ · , ~tc. w~\ ~½\)-tt) cf5- ·
i. . o t-c . w'n,k Vh t) h · ~ 3--S. 'vh()-\-0 o-C c\o'J dfy
o • C) k. '.¥>r\~ too\~ cam~ C\ • V"'o-\-o · .\-tb me. ~
I O . °\)~<> .\o ..- \.b Mt.- ~
.:?o-Pl-iutv- '8~ ~ o?°1. fbo1t> .. E>~oC<> N\. ~
3o. ?ho±o -fJedW>6ro ~
Defense Exhibits:
~L~__,\k'-'--=-'-v ____ u ________ u ________ LJ
_______ L)
_______ L)
________ u _______ L)
_______ u _______ u _______ LJ
________ LJ
067
~ '.1',(., Exhibits:
6 \ . .Pho-Iv --Be.Jn, o in ~ E. °Ill &ll ~ [. ~c\.o..-\: ~'ol\~ ~ F. &n~c'actl ~½a±o ~ G · -S:c,a~ho t · ·1 r16t:r"* ft. pbo+o -de{. -ta O°J * 'J. pbo±r, -de£~(()~ I - p lo o+o 'def ii> .!,j ~ ~- \/\o\ui ·cl.e:f'il. ctj * \_. '-J \C\e.,Q -"'e,,de~I Oj ~ t'\. \J'\de.o-~on ~ c\o'\ fJf" ll. Phch> - fil>W\.f.. ~ 12.. h \I ~
I&. " " ~
l f. ~~ -d~ ½ow\ #' 16. ~Y\t>~ ... 0\/e..-f\ ~
lu. fho :\:o - n,a'('{\l ~ r-r . \\ ,, ~
I\) . ~o~ , ~\1 ~•~ ~ \0\. ~O'U) - __ bN.. __ ~~~
~ l . ~~ h - c \\) ~ t -\- ~
J~ . \2n'>h - C \() SL:\: ~ :;~. \'Y\.o:\:o - ,, . ,, ~
Q-4-. f\' b:tD ,, 1\M'"\ ~ :J 6 . p h o -1-,, : 1--o IY\!:.,. ~ ~ll.t . f'<to to ... :°'£ \-t. ~ JT9. ~Y\.trn) - W\~\(U ~
~\'N..
. .SiY\-t ~ Exhibits:
)?>- ' en.o:tc> - ,n~ict.L Ju>~* c?Cl . p ho+o - " \' ~
30-~6~-~c.d ~ a\. ~-h, -- voo ~ * 0 ::2 • ~ t:±o - QA b SL :\;:::: ~ 80. pho ro - clos-e.--\- et ,Yt. fh()fo--rz,orn ~ 86 • p h.o +v- h,o ML ~
5lt. ?Y\A!J) - Y\t)\,q 0
\'Q '-')&..\\i-8 :\-. ~ h..o:\:o - C,(o S<.1 '.iv ~- pn.o±o- dooV- A-30\ • ,, I\ * ~ \\ .. \V • ll ~
Jr\· ~M:tD -"VO b"" A-4::J.. f hnh, - 11\0i.\\ 11> \ ~-~ 1,1---0-h -4 4~. 4>bnto ., w~\\" ¼ t4. · h..o1D '' \\ * 45. I?" " -;ti-1'-t · ll h ~
11-· pbo±v- o,;los (.,± -+ '13 · pn-o-tn - olc-f', * 1q. _pvw+o -b ik ~ N • ,it> \n+crv\~W :iv:-______ c)
______ ()
______ ()
______ ()
APPENDIX
D
068
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA
CASE NO.: 2019-CF-2625
STATE OF FLORIDA
v. VOLUME I (Page 1 through 109) JUSTIN HAYNES, Defendant. ____________________/
DIGITAL PROCEEDINGS: MOTION HEARING BEFORE: THE HONORABLE DAVID W. FINA DATE: May 28, 2021 TIME: Commencing at 9:00 a.m.
Concluding at 11:58 a.m. LOCATION: Leon County Courthouse Tallahassee, Florida TRANSCRIBED BY: SONIA FANCHER Notary Public in and for the
State of Florida at Large
*All parties participated remotely by telecommunication equipment as per Second Circuit Administrative Orders 2020-04 and 2020-05.*
SONIA FANCHER Official Court Reporter
Leon County Courthouse, Room 341 Tallahassee, FL 32301
Filing # 128797598 E-Filed 06/15/2021 03:07:49 PMFiling # 129004255 E-Filed 06/17/2021 07:14:15 PM
069
2
APPEARANCES
REPRESENTING THE STATE ATTORNEY:
JOHN N. WEED, ASSISTANT STATE ATTORNEY STATE ATTORNEY'S OFFICE, THIRD CIRCUIT 310 PINE AVENUE SW LIVE OAK, FLORIDA 32064-2317
REPRESENTING THE DEFENDANT:
GARY A. ROBERTS, ESQUIRE GARY A. ROBERTS & ASSOCIATES, LLC 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
MUTAQEE AKBAR, ESQUIRE LAW OFFICE OF MUTAQEE AKBAR, P.A. P.O. BOX 10143 TALLAHASSEE, FLORIDA 32302-2143
TIFFANI N. BROWN, ESQUIRE TIFFANI N. BROWN LAW, PLLC 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
070
3
INDEX WITNESSES: PAGE:
ROBERT AMOS
Direct Examination By Mr. Weed 10 Cross-Examination By Mr. Roberts 17 Redirect Examination By Mr. Weed 17
JOSEPH WHITE
Direct Examination By Mr. Weed 19 Cross-Examination By Mr. Roberts 26
JACK WILLIAMS
Direct Examination By Mr. Weed 31 Cross-Examination By Mr. Roberts 33 Redirect Examination By Mr. Weed 34 Recross-Examination By Mr. Roberts 35
WILLIAM YEAGER
Direct Examination By Mr. Weed 38 Cross-Examination By Mr. Roberts 43 Redirect Examination By Mr. Weed 46 Recross-Examination By Mr. Roberts 46 Further Examination By Mr. Weed 47
JASMINE PERKINS
Direct Examination By Mr. Weed 56 Cross-Examination By Mr. Roberts 84
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
071
4
INDEX OF EXHIBITS
STATE'S EXHIBITS: PAGE:
A 16 1 and 2 24 3 through 8 32 O 50 9 and 10 71 29, 30, and 31 73 B 75 E and F 78 G 79 H through J 81 K and L 82 M 83
Certificate of Reporter 109
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
072
5
PROCEEDINGS
THE COURT: Good morning. I see Mr. Weed has joined
us, Mr. Roberts.
MR. ROBERTS: Good morning, Your Honor.
THE COURT: Good morning. Mr. Weed, good morning.
Can you hear and see me okay?
MR. WEED: Good morning. Yes, I can, Your Honor.
THE COURT: All right. For the record this is Case
19-CF-2625A, State of Florida versus Justin Haynes. And
as I understand it, we are here today on a defense motion
to dismiss due to alleged immunity.
Mr. Roberts, that's your motion, correct?
MR. ROBERTS: Yes, Your Honor.
THE COURT: All right. And everyone ready to
proceed this morning?
MR. ROBERTS: Defense is ready, Your Honor.
MR. WEED: Yes, Your Honor.
THE COURT: All right. And I think the current
status of the law is the State has the burden of proof.
Are you ready to call your first witness, Mr. Weed?
MR. ROBERTS: Your Honor, before he calls a witness,
I would like to invoke the rule of sequestration for all
the officers, please, and all the witnesses.
THE COURT: All right. Those witnesses that are
present on this Zoom connection, there's been a rule of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
073
6
procedure been invoked whereby you will be required to
remain outside the presence of this hearing until you are
called to testify, and the rule also requires you not to
discuss the case amongst yourselves nor with anyone.
There is an exception to that. You can discuss it with
either of the attorneys if you wish, but make sure that
you -- if you chose to do so, you do it in a secure,
private location.
And, Mr. Weed, if you will call the witnesses that
are currently present, and counsel will be responsible
for advising the other individual witnesses that may be
called of the Court's ruling.
MR. WEED: And, Your Honor, the witnesses for the
State are Officer William Yeager, Officer Robert Amos,
Officer Joseph White, Jack Williams, Jasmine Perkins, and
Investigator Jerome Megna.
THE COURT: Okay. I missed the second one. I got
Yeager and White. Who was in between the two?
MR. WEED: Robert Amos.
THE COURT: A-M-O-S?
MR. WEED: Yes, sir.
THE COURT: Okay. Yeager, Amos, White, Williams,
Perkins, correct?
MR. WEED: And a last one, Investigator Megna.
THE COURT: Spell that for me.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
074
7
MR. WEED: M-E-G-N-A.
THE COURT: Okay. And are they all present on this
meeting currently?
MR. WEED: Yes, sir. I see them all.
THE COURT: All right. And did all of you hear the
Court's order concerning the rule of sequestration being
invoked?
(Witnesses respond.)
THE COURT: Thank you. And defense have any
witnesses, Mr. Roberts?
MR. ROBERTS: Yes, Your Honor. I have Dr. Benedict,
but all of my witnesses I instructed them that they will
not come on, and I will contact them when it is time for
them to come on.
THE COURT: Okay.
MR. ROBERTS: So the only witness I've seen was
Dr. Benedict, and I think that he has removed himself
from the Zoom.
THE COURT: All right. That probably would be the
most prudent way of proceeding. Who is going to be your
first witness, Mr. Weed?
MR. WEED: Robert Amos.
THE COURT: Robert Amos. All right. Mr. Amos, if
you will remain. The rest of you, if you will go ahead
and just close out your connection here, and Mr. Weed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
075
8
will notify you. I assume he has contact information --
notify you to log back onto the meeting.
Is that acceptable, Mr. Weed?
MR. WEED: Yes, sir. Or you could put him in the
waiting room.
THE COURT: All right. I can attempt to do that.
Let's see here. You said Amos was first?
MR. WEED: Yes, sir.
MR. ROBERTS: And just for a procedural point, did
Mr. -- I don't recall seeing a physical report that was
provided by Officer Amos. Am I mistaken about that?
MR. WEED: I believe there is a report.
MR. ROBERTS: Okay. That's fine. I know you
supplemented with telling me about him, but I didn't see
a physical report.
THE COURT: Hard to identify folks by name here
but -- okay. There's White. Any witnesses -- we've got
Isaac Shuler. Mr. Akbar I'm sure -- is he associated
with the case as a witness or as a counsel?
MR. AKBAR: Co-counsel, Your Honor.
THE COURT: Co-counsel. Thank you, Mr. Akbar. And
then we have Tiffani Brown.
MR. ROBERTS: Yes, Your Honor, she works for my
office and is assisting me, Your Honor.
THE COURT: Okay. And we have the Bailiff and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
076
9
Perkins. I assume that's a witness --
MR. WEED: Yes, sir.
THE COURT: -- associated with that. I will go
ahead and put Perkins into the waiting room. Anyone else
you see?
MR. WEED: Jack Williams.
THE COURT: Jack Williams. Okay. And then we have
Isaac Shuler.
MR. WEED: Yes, sir.
THE COURT: Is he with the --
MR. SHULER: Yes, sir. I am with court
administration out of the Second Circuit just here in
case there is an issue.
THE COURT: Got you. Thank you. All right. Are
you ready to proceed then with your first witness,
Mr. Weed?
MR. WEED: Yes, sir.
THE COURT: Mr. Amos, if you would please raise your
right hand to be sworn.
Whereupon,
ROBERT AMOS
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Okay. And, Mr. Weed, you may inquire.
DIRECT EXAMINATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
077
10
BY MR. WEED:
Q And, sir, please state your name.
A Robert Amos, A-M-O-S.
Q And your occupation?
A I am a police officer with the City of Tallahassee.
Q And how long have you been a police officer with the
City of Tallahassee?
A Just over eight years.
Q All right. Were you on duty on July 29th of 2019 at
around 9:30 p.m.?
A I was.
Q At that time did you respond to a 1021 Preston
Street in Tallahassee, Florida?
A Yes, sir.
Q And what was the purpose of responding to that
address?
A There was a call put in for service for an
individual who had been shot.
Q All right. So did you eventually arrive at 1021
Preston Street?
A I did.
Q And were other officers present when you arrived?
A Yes, they were.
Q And do you know who those officers were?
A Without going back and reading the call notes, I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
078
11
couldn't tell you everybody.
Q All right. Was one of those Officers Steven Britt?
A I believe I heard his voice on my body camera video,
yes.
Q Okay. All right. Now, upon arriving at the
residence, did you or any other officers go to the front door
of the residence?
A There were already officers at the front door when I
arrived; so I did not actually make it to the front door.
Q All right. While other officers were at the front
door, what did you do?
A I walked around the perimeter of the home looking
for signs of life inside, lights on, TVs, people maybe moving
around.
Q Could you hear if anyone was inside the home?
A I could not.
Q Could you tell if anyone was inside the home by
movement or some kind of visual indication?
A The only thing that I believe I observed were some
lights on in some bedrooms on the back of the house.
Q All right. While you were at the rear of the home,
did you eventually enter the home?
A We did, yes.
Q And why did you enter the home?
A Another officer observed the victim lying on the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
079
12
floor. At that point the decision was made to try to breach
the door and get into the home to render aid.
Q All right. And what door did y'all use to enter the
home?
A A door on the side of the house. I believe it was
the west side.
Q All right. Upon entering the home, what did you
see?
A There was a female lying on the floor in the living
room with some visible injuries that needed to be tended to.
Q All right. Did other officers enter the home with
you at the same time?
A Yes.
Q All right. Did anyone provide aid to the woman on
the floor?
A Officers were providing aid. Yes, they were.
Q All right. While other officers were providing aid,
what did you do?
A I conducted a -- basically a sweep of the house to
make sure there was no other injured parties in any of the
other rooms.
Q All right. Now, was there anybody else in the home
besides the injured --
A I believe there was a child that eventually was
taken out by another officer.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
080
13
Q All right. Anybody else found in the house besides
that young child?
A Not to my recollection.
Q Now, in searching the house, did one of the bedrooms
have what appeared to be a significant amount of blood?
A Yeah, I believe the back right bedroom upon opening
the door there was blood on the door, on the floor, on the
bed.
Q All right. And did you search that room?
A I mean, we -- I wouldn't say necessarily searched
it, but we did make sure there were no other bodies lying
around in the closet, any doors that were shut we opened,
looked next to the bed.
Q All right. Was a dog found in that room, that same
room?
A There was. A dog was located in the closet.
Q All right. Was the closet -- the doors to the
closet closed or opened when you located the dog?
A The doors were closed.
Q Okay. When you found the dog, what did the dog do?
A It kind of just came out and was looking to just
kind of go away. It wasn't trying to attack us or anything.
It was just wanting to not be in that room anymore.
Q All right. Was the dog exhibiting any sort of
aggressive behavior?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
081
14
A Not while we were present.
Q All right. Now, on July 29th of 2019 when you
responded to 1021 Preston Street, were you equipped with a
body camera?
A I was.
Q All right. Did you have your body camera on and
recording when you responded to 1021 Preston Street?
A I did.
Q Now, does your body camera record audio as well as
video?
A It does.
Q Have you viewed the video recording from your body
camera from July 29th of 2019?
A I have.
Q All right. At this point I want to show you an
exhibit, and let me see if I can get this to share the screen.
Do you see a screen that's basically white in the background
that says Robert Amos?
A Yes, sir.
Q All right. I next want to show you State's Exhibit
A. Do you recognize -- I know the video is paused there, but
do you recognize that video?
A It appears to be the start of my video based upon me
recently looking at it.
Q All right. And is the video that you recorded from
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
082
15
that night that you viewed before, is that a true and accurate
video recording from your body camera that depicts you
responding to 1021 Preston Street on July 29th of 2019?
A Yes, sir.
Q All right. And I don't know if you need for me to
play just a few seconds of it to recognize this video, but let
me go ahead and play just a few seconds just so you can
recognize it.
A Okay.
Q All right. Is that enough for you to recognize this
video?
A Yes, sir.
Q Okay. And it is approximately 8 minutes and 47
seconds long. Is that the video that you viewed before that
was true and accurate?
A I couldn't tell you the actual timeframe on it
without going back and looking at it, but --
Q All right. But does this appear to be that video?
A It does.
MR. WEED: All right. Your Honor, I'd ask that we
publish the rest of the video, and State's Exhibit A be
entered into evidence and made a part of the record
basically by showing the recording -- it has already been
recorded by the court administration.
THE COURT: All right. Any objection, Mr. Roberts?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
083
16
MR. ROBERTS: No objection, Your Honor.
THE COURT: All right. A will be admitted, and you
may publish it; and that exhibit needs to be provided to
the clerk of the Court for filing as well.
MR. WEED: All right.
(State's Exhibit A received in evidence.)
(State's Exhibit A, a video recording, is published
in open court.)
(There is no audible sound on this video.)
BY MR. WEED:
Q All right. Officer Amos, was that a true and
accurate depiction from your body camera from July 29th of
2019?
A It is. I do believe now that you stopped it there
that there is more to that video --
Q Yes.
A -- just for the record.
MR. WEED: Yes. Thank you. I don't have any other
questions.
THE COURT: All right. Cross-examination?
Do you want to remove that, or did you want to
question --
MR. WEED: Oh, I'm sorry.
THE COURT: It looks like it's playing again on the
screen.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
084
17
MR. WEED: Yes.
THE COURT: All right. Cross-exam, Mr. Roberts?
MR. ROBERTS: Yes, briefly.
CROSS-EXAMINATION
BY MR. ROBERTS:
Q Officer Amos, when you came to the house, there was
a dog present; is that correct?
A We located one, yes, sir.
Q Okay. And also present was Mr. Haynes and his
child; is that correct?
A I actually never had contact with the child or the
male; so, I mean, if you're saying that's who was there, then,
yes, sir.
Q Okay. But you do remember them being in --
Mr. Haynes' child being in the house; is that correct?
A I remember the child being taken out. If you're
asking specifically if I ever observed Mr. Haynes, I could not
tell you that.
MR. ROBERTS: Okay. Then no questions, Your Honor.
THE COURT: All right. Any redirect?
MR. WEED: Yes, sir.
REDIRECT EXAMINATION
BY MR. WEED:
Q Officer Amos, was the child out in the hallway or
the living room area where the victim was?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
085
18
A I don't recall. I remember when I came out of that
front left bedroom, an officer was bringing him from the back
of the house.
MR. WEED: Okay. All right. Thank you. No more
questions.
THE COURT: Anything else based on that,
Mr. Roberts?
MR. ROBERTS: No, Your Honor.
THE COURT: All right. Thank you. And can this
witness be excused?
MR. WEED: He can, Your Honor.
THE COURT: All right. You're free to go. Thank
you, Officer Amos.
THE WITNESS: Thank you, sir.
THE COURT: Call your next witness.
MR. WEED: William Yeager.
THE COURT: William Yeager. Let's see. I don't
see -- maybe I am overlooking here. I don't see
Mr. Yeager on here. Do you see him? Can you see the
list, Mr. Weed?
MR. WEED: Let me see if I can.
THE COURT: In the waiting area I see Williams,
White, and Megna.
MR. WEED: And, Your Honor, we can call Officer
White next if -- call him out of order.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
086
19
THE COURT: Okay. There we go. Mr. White, can you
hear and see me?
THE WITNESS: Yes, sir. Good morning.
THE COURT: Good morning. Can I get you to raise
your right hand to be sworn, please.
Whereupon,
JOSEPH WHITE
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you. All right. You may inquire,
Mr. Weed.
DIRECT EXAMINATION
BY MR. WEED:
Q Sir, please state your name and occupation.
A Good morning. Yes, my name is Officer Joseph White,
and I'm a police officer with the Tallahassee Police
Department.
Q Were you on duty with the Tallahassee Police
Department on July 29th of 2019 around 9:30 p.m.?
A Yes, sir.
Q At that time did you respond to a 1021 Preston
Street in Tallahassee, Florida?
A Yes, sir.
Q And what was the purpose of responding to that
residence?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
087
20
A We got a 911 call saying that a female was dying
from a gunshot wound.
Q All right. When you arrived at 1021 Preston Street,
were other officers present?
A Yes, sir, there were.
Q All right. And what were the other officers present
there when you arrived doing?
A So when I first got there -- when I came up, there
were a few other officers knocking and banging on the front
door of the residence.
Q All right. Did anybody immediately answer the front
door?
A No, sir, it took several minutes.
Q Okay. Did you go to the -- to anywhere else in
that -- around the home besides the front?
A I did. Since they were knocking, we had -- there
were large curtains on the front of the residence.
Q Uh-huh.
A So after that I decided, hey, you know, we might as
well -- just in case someone is, you know, actually shot or
dying inside, go around to the side and try and gain access
either through the side or through the rear.
Q Okay. Did you eventually enter the home?
A Yes, sir, I did.
Q All right. And where did you enter the home from,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
088
21
which door?
A It was through the -- yeah, it was through the west
doors. It is a -- on the side of the house that had like a
little mini staircase leading to a platform which led to the
inside through the side of the house.
Q All right. Upon entering the home, what did you
see?
A So before I even really entered, I shined my light
inside and actually saw Ms. Perkins lying on the ground inside
which caused all the officers at least on the side to run
inside. When I came inside, we saw Ms. Perkins obviously
shot. She was bleeding out. I saw an AK-47 on the table
somewhat next to her. I also saw a little child standing kind
of near her crying and upset.
Q Okay. So the young child wasn't in a room but was
standing outside of a bedroom?
A As far as I remember, yes, sir.
Q All right. And what did you do upon seeing all
this?
A So immediately -- especially with what we are
trained, we are trying to stop the bleed as best as we can.
We started rendering medical aid to Ms. Perkins.
Q Okay. Now, how was Ms. Perkins clothed whenever you
first encountered her in the home?
A She was almost completely naked, and she only --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
089
22
well, she was completely naked with the exception of
underwear.
Q Okay. And whenever you say underwear, are you
saying panties around her waist?
A Yes, sir. Yeah, just panties. If I'm not mistaken,
they were actually purple panties. That's all she was
wearing.
Q All right. And could you describe the injuries that
you saw on her?
A Sure. So there was a gunshot wound, looked like a
through-and-through on the right side on her upper thigh area;
so you had the injuries over there. On the upper left thigh
it was almost like something exploded in her thigh. It was
so -- you know, I could basically put my hand inside of there,
and I could see the femur. I could see every -- fatty tissue
bleeding really heavily. And then on her left hand it almost
looked like she was holding on to a fire cracker or something
like that. I mean, her hand was just completely mangled and
destroyed.
Q All right. Now, did emergency medical personal
arrive also?
A They did, yes, sir.
Q All right. Eventually was Ms. Perkins transported
away from the scene?
A Yes, sir, she was by ambulance.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
090
23
Q All right. Now, did you ride with Ms. Perkins in
the ambulance?
A I did.
Q All right. And where was she taken in the
ambulance?
A She was taken up to Tallahassee Memorial Hospital.
They called the trauma alert. She was placed into one of the
trauma bays up there.
Q Okay. Now, while in the ambulance on the way to the
hospital, were you able to take photographs of any of the
injuries Ms. Perkins had?
A I did, yes, sir.
Q All right. Do you know how many photographs you
were able to take?
A I took three.
Q All right. And why only three?
A I don't want to sit and, you know, interfere with
the paramedics and all the firefighters, everybody trying to
work to save her life, stop the bleeding, anything that we can
do to help her out. I don't want to interfere with that only
by photographs. I'm trying to -- as they are working to also
take photographs at the same time.
Q All right. Now, I want to show you two exhibits,
basically, State's Exhibit 1 and 2, and I'm going to share the
screen so that you can see them.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
091
24
A Okay.
Q Hold on. Let me -- okay. Are you able to see a
white screen where it says -- in black letters says, Officer
White photos?
A Yes, sir, I can.
Q Okay. All right. Now, I want to show you State's
Exhibit 1 and 2, but have you viewed State's Exhibit 1 and 2
before?
A I have, yes, sir.
Q All right. Is State's Exhibit 1 and 2 true and
accurate photographs of the injuries that you took of
Ms. Perkins the night of July 29th, 2019?
A Yes, sir, absolutely.
MR. WEED: All right. And, Your Honor, with that I
would like to admit and publish State's Exhibit 1 and 2.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: 1 and 2 will be admitted.
(State's Exhibits 1 and 2 received in evidence.)
MR. WEED: All right.
BY MR. WEED:
Q So first State's Exhibit 1, if you could just
describe what we are looking at.
A So I'll start at basically what she is wearing,
everything from her is just naked with the exception of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
092
25
purple underwear that you see. At the top portion of your
screen you're looking at the -- you know, that's going to be
her right leg, and then the left leg is on the bottom portion.
If you look on the inner thigh, you are going to see, you
know, what appears to be either an entrance or exit wound. It
is some type of wound which was bleeding, and then on the left
side of her thigh you have the almost like -- I kind of
describe it like an explosion of some sort where it's very
deep. If you look deep enough and you look in there, you can
actually see, like I said, femur. You see all the fatty
tissue. It was bleeding very heavily. From that -- that's
actually where the tourniquet was applied from, and then on
her left hand it's just completely mangled and multiple
fingers are just, you know, almost gone.
Q All right. Now, State's Exhibit 2. What are we
looking at in State's Exhibit 2?
A That's a little better or worse, depending on how
you look at it, of the picture of her left hand. It just
basically shows that the hand was just completely, you know,
shot.
MR. WEED: All right. Okay. All right. Thank you.
I don't have any more questions.
THE COURT: Very well. Cross-examination,
Mr. Roberts?
CROSS-EXAMINATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
093
26
BY MR. ROBERTS:
Q Yes. Officer White, thank you. When you rode to
the hospital with Ms. Perkins, you had a chance to speak with
her; isn't that correct?
A Briefly, yes, sir.
Q Yes? Excuse me?
A Yes, sir.
Q And in your report that you wrote on 7-29, you put
the -- you captured what was said in your interactions with
Ms. Perkins; isn't that correct?
A Depending on what portion it was, a lot of the
times, especially when I go into an ambulance and/or inside of
a hospital, sometimes the body camera is not turned on. I'm
not entirely sure which portion of that was captured on body
camera versus what wasn't.
Q Sir, I'm asking you what you wrote in your report,
not on your body camera. You wrote a report; isn't that
correct?
A Yes, sir, I did.
Q And what I'll do is for the purposes of your
recollection I'll pull up your report. Okay. Did you have a
chance to review it --
A Absolutely.
Q -- before today's date? Excuse me?
A Yes, sir, I did.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
094
27
Q Okay.
A Yes, sir, I did.
Q All right. And in your report -- actually the final
page of your report you stated -- let me go to his -- and I'm
pulling it up now.
A Okay.
Q Going to page 2. The next page, I think, the next
page. Okay. Do you see it says, once the victim was
stabilized -- do you see that? Is that a reflection of your
report, Officer White? I mean --
A Yes.
Q Okay. Now, you had a chance to speak with
Ms. Perkins. Isn't it true --
A That's true.
Q -- Ms. Perkins never said that Justin Haynes tried
to kill or harm her; isn't that correct?
A She did. From my understanding and everything, she
was shot by Justin Haynes.
Q I understand that. There's no question. No one is
debating that she was shot by Justin Haynes. My question to
you, isn't it true that she never said Justin Haynes tried to
kill her; isn't that correct?
A As far as I know and as far as what I can see in the
report, sir, no that line is not in there.
Q Okay. And if she said, Justin Haynes tried to harm
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
095
28
or kill her, you would have put that in your report as a good
officer, wouldn't you?
A Yes, sir.
Q Okay. And also too, you asked her specifically had
her dog attacked anyone in the home that night or any time?
And she said, no; isn't that correct?
A Yes, sir.
Q And also -- let me just make sure I didn't miss
anything. And also just for officer purposes or just your
training and experience as an officer, you're familiar with
the use of force and the use of force that needs to be
exhibited by a reasonable officer under the circumstance where
a threat is present to you. Are you familiar with that?
A Yes, sir.
Q Okay. And isn't it true that under your use of
force and how you are trained that you can use force against a
dog that you perceive as a threat; isn't that correct?
A Yes, sir.
Q Okay. And it is not uncommon for police officers to
encounter dogs that are threats to them; is that correct?
A All the time, sir, yes, sir.
Q And it is not uncommon for police officers to shoot
at dogs or kill dogs when they perceive a dog is a threat; is
that correct? Sir?
A Yes, sir.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
096
29
Q Okay. And if you were to use --
A Yes, sir.
Q And if you were to use force and neutralize or kill
that dog, the threat that you perceive is from your
perception, the reasonable officer. Like, for example,
Officer White, it is what you perceive as a threat, not what
the world perceives, but what you perceive, not what your
sergeant, your other officers, the general public, but what
you perceive as a threat in your mind; isn't that correct?
A Yes, sir, it is.
Q And that's based on your training and experience;
isn't that correct?
A Correct.
Q Okay. And in this case to your knowledge isn't it
correct that Justin Haynes --
MR. WEED: Your Honor, I'm going to object at this
point. And really I object to all these questions as to
asking this officer about the reasonable use of force.
That's something for the finder of fact to determine and
not for some witness to give their opinion about.
THE COURT: Okay. Response?
MR. ROBERTS: Your Honor, just simple -- I just
wanted to just bring out this is a -- the issue with
stand your ground and the motion for stand your ground is
100 percent about the mind state of Justin Haynes when he
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
097
30
used force. And I'm just asking the officer his
understanding of what the use of force is and just using
that as juxtaposed to Mr. Haynes. That's all this is.
This is a motion hearing. This is not trial, and that's
only -- the purpose of getting that information out.
THE COURT: First of all, the objection is untimely
as to the questions already asked and answered. As to
the last question, it is argumentative and an issue for
the trier of fact; and the objection is sustained.
MR. ROBERTS: Thank you, Your Honor. No further
questions.
THE COURT: Okay. Any redirect?
MR. WEED: No, Your Honor.
THE COURT: All right. And can this witness be
excused?
MR. WEED: He may.
THE COURT: Officer White, you are free to go.
THE WITNESS: Have a good one. Thank you,
gentlemen.
THE COURT: Good day. Thank you. Call your next
witness, please.
MR. WEED: Jack Williams.
THE COURT: Jack Williams. All right.
Mr. Williams, if you would please raise your right hand
to be sworn.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
098
31
Whereupon,
JACK WILLIAMS
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: You may inquire, Mr. Weed.
DIRECT EXAMINATION
BY MR. WEED:
Q Yes, sir. Please state your name.
A Jack Edward Williams, II.
Q And your occupation?
A I'm a forensic specialist with the Tallahassee
Police Department.
Q All right. And what are your duties as a forensic
specialist?
A We are non-sworn personnel who respond to various
scenes at the request of investigators and/or officers where
we document, collect, and preserve evidence.
Q All right. On July 30th of 2019 did you respond to
the animal -- Tallahassee Animal Service Center to take
photographs of a dog?
A Yes, sir.
Q And is that relating to a criminal case in which
Jasmine Perkins was the victim?
A Yes, sir.
Q All right. And did you take photographs of that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
099
32
dog?
A I did.
Q Have you had an opportunity to look at State's
Exhibits 3 through 8, photographs of the dog?
A Yes, sir.
Q All right. Are State's Exhibit 3 through 8 true and
accurate photographs of the dog that you took in relation to
this case?
A Yes, sir.
MR. WEED: Your Honor, I'd ask that State's Exhibit
3 through 8 be entered and published.
THE COURT: Any objection?
MR. ROBERTS: I'm sorry. No objection.
THE COURT: All right. Three through 8 photographs
will be admitted.
(State's Exhibits 3 through 8 received in evidence.)
BY MR. WEED:
Q All right. Mr. Williams, do you see a white screen
that has black letters that says Jack Williams on it?
A Yes, sir, I do.
Q Okay. All right. Going to the next slide State's
Exhibit 3, do you recognize that? Is that the dog that you
took photographs of?
A Yes, sir.
Q And State's Exhibit 4 and --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
100
33
A Yes.
Q -- and 5? What is State's Exhibit 5 a photograph
of?
A It is a photograph of the dog's left hind leg --
rear leg with an injury to it.
Q All right. And next State's Exhibit 6, is that a
photograph of that same injury just closer up?
A Yes, sir, it is the same, close-up with a scale.
Q And State's Exhibit 7, is this a photograph of that
same dog and injury to the other leg?
A Yes, sir, it would be to the right leg, yes, sir,
the other leg.
Q And State's Exhibit 8, is that just a closer view of
that injury to the right leg?
A Yes, sir.
MR. WEED: All right. Thank you. No more
questions.
THE COURT: All right. Cross-examination,
Mr. Roberts?
MR. ROBERTS: Just briefly, Your Honor.
CROSS-EXAMINATION
BY MR. ROBERTS:
Q Mr. Williams, was the injuries to the dog from a
gunshot wound?
A I can't positively say that. I can say that it may
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
101
34
be consistent with a gunshot wound.
Q Okay. In your opinion or just without -- not your
opinion, just your view in taking the photos of the dog, is it
consistent with anything else other than a gunshot wound?
A Not that I could specifically tell.
Q Okay. And how tall would you think -- do you
believe the dog was or -- because I am seeing you have
measurements. Did you take a height and weight of the dog?
A No, sir, I did not. Maybe the vet probably took
that information, but I did not, no, sir.
MR. ROBERTS: Thank you, sir.
THE WITNESS: Yes, sir. Thank you.
THE COURT: Any redirect, Mr. Weed?
MR. WEED: Yes, sir.
REDIRECT EXAMINATION
BY MR. WEED:
Q Mr. Williams, from State's Exhibit 8 that's there on
the screen, it looks like that is a three-inch scale that's
being held up to the hind leg of the dog; is that correct?
A Yes, sir.
Q Okay. And that three-inch scale, it pretty much
looks like the hind legs from the hip -- from around the hip
to the -- I don't know if you call this the knee joint, is
about three inches; is that right?
A It is possible. It depends on if the scale was
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
102
35
placed directly against the leg, and it's hard to tell in this
photograph if it was.
Q Yeah. Just to give it a little bit more scale, is
the dog's leg -- and you can see it standing next to a person.
A Yes, sir.
Q What is that approximately from the floor to the
hip? Eight inches? Ten inches? What would you estimate that
to be?
A I would estimate it to be maybe between 10 and
12 inches maybe.
Q And the injury halfway up the dog's leg from the
floor up, what would you approximate that to be?
A Just a general approximation maybe 6 to 8 inches if
I had to make an approximation.
MR. WEED: Okay. All right. Thank you. No more
questions.
THE COURT: Anything to comment, Mr. Roberts?
MR. ROBERTS: Yes, a quick follow-up on that.
RECROSS-EXAMINATION
BY MR. ROBERTS:
Q Mr. Williams, so if that dog -- that wound is
consistent with a gunshot or some type of projectile entering
the dog's hind legs, it would be consistent with whatever
device, whatever the firearm was being aimed in a downward
trajectory? Would that be consistent with that?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
103
36
A And it would also depend on the position of the dog,
where the dog was at in the room, if the dog was on the floor
or not.
Q Okay. Let's take the position the dog is on the
floor.
A Yes, sir.
Q That means that whoever is trying to shoot at that
dog was aiming downwards towards that dog; is that correct?
A It would be a fair -- yes, sir, fairly low shot as
it entered.
Q Okay. And just how the dog looks on the floor,
again, it's a different angle like if you are shooting, let's
say, at a human being, you would shoot at a different
trajectory if you are shooting at an animal as opposed to a
human being, would you agree with that statement?
A And then again I'd have to know the relation.
Q No, I'm talking about the relation -- excuse me.
I'm talking about --
A Go ahead.
Q I'm talking about this dog in reference to, let's
say, the vet to his left on the screen. If you are trying to
injure or harm an animal, you will be shooting at a different
angle than you would if you were trying to, let's say, stop or
neutralize an adult or adult man or adult woman, it would be a
different shooting angle? Would that be correct or fair to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
104
37
say?
A Yes, sir, it would be fair to say that you would
probably shoot downwards towards an animal as far as, you
know, him standing there opposed to an adult standing erect.
MR. ROBERTS: All right. Thank you. That's all.
THE COURT: Any follow-up to that, Mr. Weed?
MR. WEED: No, Your Honor.
THE COURT: Okay. Can this witness be excused?
MR. WEED: He may.
THE COURT: You are free to go, Mr. Williams.
THE WITNESS: Thank you.
THE COURT: Good day.
THE WITNESS: Yes, sir, you too.
THE COURT: Call your next witness.
MR. WEED: Your Honor, I don't know if William
Yeager is in the waiting room or not, but if not --
THE COURT: He is now, yes.
MR. WEED: Okay. Well, then there we go.
THE COURT: William Yeager. Mr. Yeager, your
microphone is muted, and we don't see any --
THE WITNESS: Hello. Can you hear me?
THE COURT: Yes, I can hear you. Can't see you.
THE WITNESS: Okay. Is there video required, the
camera?
THE COURT: Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
105
38
THE WITNESS: Okay. Give me one second. I am
trying to figure out how to turn it on. Okay.
THE COURT: If you would raise your right hand
please to be sworn.
Whereupon,
WILLIAM YEAGER
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you. Mr. Weed, you may inquire.
DIRECT EXAMINATION
BY MR. WEED:
Q Sir, if you could please state your name.
A My name is William Yeager.
Q And your occupation?
A I work with the Tallahassee Police Department.
Q All right. Were you on duty with the Tallahassee
Police Department on July 29th of 2019 at around 9:30 p.m.?
A Yes, sir.
Q At that time did you respond to a 1021 Preston
Street in Tallahassee, Florida?
A Yes, sir, I did.
Q And why did you respond to that address?
A If I remember correctly, I was in the area of
Frenchtown, Dewey and Dover, and I heard over the radio
dispatch advising that shots were heard in that area, given
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
106
39
that address specifically. And due to my close proximity of
the area to Preston Street, I just responded.
Q All right. And when you arrived at 1021 Preston
Street, did you arrive there alone, or was there any other
officers there?
A There were other officers that were arriving with
me.
Q All right. And do you know who those other officers
were?
A The first ones that I can remember off the top of my
head were Officer Britt, and then eventually my sergeant at
the time was Sergeant Scott Angulo.
Q Okay. So -- and whenever you say Officer Britt,
would that be Officer Steven Britt?
A Yes, sir.
Q All right. Now, upon arriving at the residence,
what did you do?
A Upon arriving to the residence, myself and Officer
Steven Britt arrived at the same time in the front of the
house. I don't believe we saw any numerics of the house; so
it took us a minute to figure out that we were at the right
one. Once we figured out we were at the right house, we
approached the front screened-in porch. We were able to go
through the screened-in porch and begin to attempt to make
contact with anybody inside.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
107
40
Q All right. And how did you try to make contact with
somebody inside?
A Giving loud verbals, police. We were also knocking
on the door, doing that multiple times.
Q Did anyone immediately come to the door and answer
your calls?
A No, sir.
Q Could you hear if anyone was inside the home?
A No, sir.
Q Could you see any motion inside the home?
A No, sir, the front door, I don't believe, had a
window. And I believe all the windows had the blinds down; so
it was hard to see inside.
Q All right. And did other officers arrive at the
home while you and Officer Britt were at the front door?
A Yes, sir.
Q All right. What did those other officers do while
you and Officer Britt were at the front door?
A Like I said, I remember my sergeant at the time,
Sergeant Scott Angulo, also arriving, and he stood up there
with myself and Officer Steven Britt. Several other officers
did arrive on scene, and because we weren't having any
communication at the front door, I believe several of them
began to try to make their way around to the side or back of
the house to see if they could see anything.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
108
41
Q All right.
A And I don't know who those officers were.
Q All right. Now eventually did someone from inside
the home answer or open the front door?
A After several attempts I believe Officer Steven
Britt believed he heard something inside, and somebody did
eventually come to the front door.
Q All right. And could you describe the person that
came to the door?
A It was a -- I would assume about a middle-aged black
male. I don't remember exactly what he was wearing at the
time.
Q That's fine. But it was a male?
A Yes, sir.
Q An adult male?
A Yes, sir, an adult male.
Q All right. And then what happened when this adult
male answered the door?
A We began to talk to him. And upon him opening the
door and I had my flashlight out, I pointed my flashlight at
him; and I could see that he had blood on his arm. At that
point Officer Britt started talking to him, and then I could
see through the doorway a female lying down on the ground.
Q All right. And when you say lying on the ground,
was that on the floor inside the home?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
109
42
A Yes, sir.
Q All right. And could you -- did this woman on
the -- or this female on the floor, did she appear to have any
injuries?
A Yes, sir.
Q All right. Could you describe what you saw?
A It appeared that her right hand was severely
injured, and she had a large wound to her upper left thigh.
Q All right.
A And she was nonresponsive at the time.
Q Now, after that adult male opened the door, did you
go inside the home to where the injured female was?
A Yes, sir.
Q All right. And what about the adult male that had
answered the door, were you with him; or were some other
officers with him?
A Officer Steven Britt stayed with him. Upon
everything that I saw, I immediately pushed past them thinking
that somebody was injured.
Q Okay. All right. And did you go and render aid or
treat the injured female?
A Yes, sir.
Q Did you have any more interaction with the adult
male that answered the door?
A No, sir, I don't believe so.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
110
43
Q All right. Now, Officer Steven Britt that was with
you, did he have a body camera on at the time?
A Yes, sir.
Q All right. And do you know if his body camera was
on and recording you and he responding to the front door of
1021 Preston Street?
A Yes, sir.
Q All right. And have you had an opportunity to view
the body cam video from Officer Britt's camera from July 29th
of 2019 that shows you and he responding to the residence at
1021 Preston Street?
A No, I did not review his. However, I did have a
body camera myself, and I reviewed my footage. It was
recording at the time.
MR. WEED: Oh, I see. All right. Well, I don't
have any other questions of this witness at this time.
THE COURT: Cross-exam?
MR. ROBERTS: Yes.
CROSS-EXAMINATION
BY MR. ROBERTS:
Q Officer Yeager, when you were in the house, did you
hear any statements being made by Mr. Haynes at all?
A I don't recall any statements. I do believe
somebody told me what he had said while I was inside the
house.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
111
44
Q Let me ask you this. You said just prior -- I just
want to make sure for point of clarification, you said that it
was a middle-aged male that came to the door. And I am trying
to figure out, was there somebody else at the house other than
Mr. Haynes? Because I wouldn't consider him a middle-aged
male.
A I mean, I don't know how old he is. I'm just --
Q I just did not know -- okay. All right. So you
didn't hear any statements from Mr. Haynes saying he was
trying to protect himself and his family or anything like
that?
A Like I said, I didn't talk to him. I believe
somebody had told me that at the beginning that he was -- the
dog began to attack somebody, I believe, yes, sir.
Q So you didn't hear him make those statements that he
was defending himself and his family? You didn't hear those
statements?
A I didn't hear them exactly come from him, no, sir.
Q And so you had no interaction with speaking with
Mr. Haynes at all?
A No, sir, other than the initial contact at the door,
and then I left Officer Britt and Mr. Haynes at the door by
themselves.
Q Okay.
A Yes, sir.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
112
45
Q And you had no contact with Ms. Perkins that was on
the floor, the young lady? You had no contact with the
injured party?
A As far as speaking to her, no, sir; but rendering
aid, yes, sir.
Q When you were rendering aid, isn't it clear that she
never said that Mr. Haynes ever tried to kill or harm her;
isn't that correct?
A No, sir, I did not -- she did not speak to me.
Q But I am saying, you were rendering aid to her,
didn't you?
A Yes, sir.
Q Okay. And what I am saying is that she never said
that Mr. Haynes ever tried to kill or harm her; isn't that
correct?
A Yes, sir, she never said that to me.
Q And if she would have said that, you would have put
that in your report for the prosecutor and myself to have;
isn't that correct?
A Yes, sir.
MR. ROBERTS: Thank you.
THE COURT: Anything further, Mr. Roberts?
MR. ROBERTS: I'm sorry, Your Honor. No, Your
Honor.
THE COURT: All right. Thank you. Any redirect,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
113
46
Mr. Weed?
MR. WEED: Yes, Your Honor.
REDIRECT EXAMINATION
BY MR. WEED:
Q Officer Yeager, was Ms. Perkins -- was she fully
conscious whenever you were treating her?
A No, sir.
Q All right. Was she able to talk coherently whenever
you were treating her?
A No, sir, not at all.
MR. WEED: All right. Thank you. No other
questions.
THE COURT: Okay. Anything else based on that,
Mr. Roberts? You're muted.
THE WITNESS: You're muted, sir.
THE COURT: You're muted, Mr. Roberts.
MR. ROBERTS: I'm sorry.
RECROSS-EXAMINATION
BY MR. ROBERTS:
Q So your statement is that Ms. Perkins was
unconscious when you were talking to her or when she was in
the house?
A Yes, sir.
Q At all times she was completely unconscious?
A I began to shake her. She would not talk. I began
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
114
47
to try to talk to her. She did not talk. Until I began to
apply a tourniquet to her left thigh and tighten it to a point
that, I guess, there was pain compliance, she began to moan,
and then that was completely it. There was no --
Q And that's in your report that she was completely
unconscious throughout the whole time?
A I do not believe if -- I do not recall. How about
that. I did not have a chance to review it this morning.
Q But I'm asking you -- the prosecutor asked you
whether or not Ms. Perkins was conscious or not conscious.
And you stated that she was not conscious or able to talk;
isn't that correct?
A Yes, sir.
Q And you're certain about that?
A Yes, sir.
MR. ROBERTS: Okay. Thank you.
THE COURT: Anything else, Mr. Weed?
FURTHER EXAMINATION
BY MR. WEED:
Q Well, Mr. Yeager, let me ask you this. We don't
have your body cam video, but we do have the body cam video
from Officer Britt; and maybe that's the best evidence. If
you review that and are able to tell us if that's a true and
accurate depiction of what happened at the house, would that
help you?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
115
48
A Are you talking about from Officer Britt's camera or
my camera?
Q Yes, sir, from Officer Britt's.
A I don't believe Officer Britt ever made entry into
the house because he was with Mr. Haynes, and I don't know how
much of his camera captured while I was in the house with
Ms. -- I forget her name. I apologize.
Q That's all right.
A And the other officers.
MR. ROBERTS: And just for the record, Mr. Weed, I
have no objection to playing the video if that's the case
here because we already talked about that prior to this
hearing.
MR. WEED: Okay. Well, Your Honor, at this moment I
think we can excuse Mr. Yeager, but we would like to
publish the video from Officer Britt's body cam.
THE COURT: Okay. Before he leaves or departs here,
let me just make sure that everyone is in agreement here.
There is -- the next exhibit that has now been marked for
identification, Mr. Weed, is State's Exhibit what?
MR. WEED: O, are you talking about Officer
Britt's --
THE COURT: I assume, yeah -- the video -- evidence.
MR. WEED: Yes, State's Exhibit O, the body camera
video for Officer Britt.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
116
49
THE COURT: Okay. Officer Britt's video.
MR. WEED: Yes.
THE COURT: B-R-I-T-T?
MR. WEED: B-R-I-T-T.
THE COURT: Okay. And that will be admitted without
objection, Mr. Roberts, correct?
MR. ROBERTS: Yes, now just for clarification,
Mr. Weed, was there two video -- two body cams from
Officer Britt, or was it a continuation?
MR. WEED: He turned it off and then turned it back
on; so there's another piece.
MR. ROBERTS: Okay. All right. That's what I
was -- I just wanted to make sure. We are playing the
one -- just for argument, we are playing the one when he
first comes to the door; is that correct?
MR. WEED: Yes.
MR. ROBERTS: And then he interacts with Mr. Haynes?
Okay.
MR. WEED: Yes.
MR. ROBERTS: Thank you.
THE COURT: No objection, Mr. Roberts?
MR. ROBERTS: No objection. I just wanted that
point of clarification.
THE COURT: Okay. The video of Officer Britt,
Exhibit O, is admitted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
117
50
(State's Exhibit O received in evidence.)
THE COURT: And Officer Yeager then can be excused;
is that correct?
MR. ROBERTS: That's correct.
THE COURT: Mr. Roberts, any objection?
MR. ROBERTS: Your Honor, no objection at all.
THE COURT: Okay. Have a good day, Officer Yeager.
THE WITNESS: All right. Thank you.
THE COURT: Yes, sir. And how long is this video,
Mr. Weed?
MR. WEED: Approximately 25 minutes long.
THE COURT: All right. Let's take a short recess
then. I have exactly 10 o'clock. Let's reconvene at
10:10.
MR. WEED: 10:10.
THE COURT: 10:10.
MR. ROBERTS: Thank you.
THE WITNESS: Y'all have a good day.
THE COURT: Thank you.
MR. WEED: Thank you.
(Court is in recess.)
THE COURT: All right. Court will come back to
order. You are ready to publish the Exhibit O then,
Mr. Weed, correct?
MR. ROBERTS: Briefly, Your Honor, before we start,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
118
51
one of my witnesses did come in. He is Mr. Tait. We
need to put him in the breakout room. I don't know the
technical term for it.
THE COURT: I think that's close enough. All right.
Is that Junior T.?
MR. ROBERTS: Yes. Yes, thank you. And I did
advise him of the Court's instructions and the reason for
putting him in that room.
THE COURT: All right. Very good.
MR. ROBERTS: Okay. Thank you.
THE COURT: You're welcome. Mr. Weed?
(State's Exhibit 0, a video recording, is published
in open court.)
MR. WEED: And, Your Honor, is everybody able to see
and hear it?
THE COURT: I can't hear anything. I can see it.
MR. WEED: Okay.
MR. ROBERTS: I don't think the sound comes on until
a little more down. Here it comes.
MR. WEED: I'm sorry. Is the sound coming through?
THE COURT: I can't hear much of anything.
MR. WEED: Oh, huh?
THE COURT: There's no audio. If there's supposed
to be, I'm not hearing this.
MR. WEED: I'm sorry, Your Honor.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
119
52
THE COURT: No audio that I'm hearing.
MR. WEED: Mr. Roberts, were you able to hear audio?
MR. ROBERTS: I think the audio starts when the door
is opened. I think that's when the audio starts.
MR. WEED: Well. I've been hearing the audio the
whole time. Apparently --
MR. ROBERTS: Well, I've been hearing a little
bit -- I've been hearing it, but I know that it becomes
very loud when Mr. Haynes comes to the door.
THE COURT: I'm hearing what sounds like some
creaking every now and then.
MR. ROBERTS: Yeah, that's what I'm hearing as well,
Your Honor.
MR. WEED: Huh.
MR. ROBERTS: Mr. Weed, I would say the video I have
has much more sound than this.
MR. WEED: Yeah, I can hear --
MR. ROBERTS: It is muffled but -- yeah, but at this
point it was a lot louder on my end. The video I have
for this is a lot louder, but something is going on with
the audio.
THE COURT: I'm not hearing anything discernible
anyway.
MR. WEED: All right. And, Mr. Roberts, I can -- if
you want to try sharing the video?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
120
53
MR. ROBERTS: Hold on. Because I think what we
did -- we spliced it, but we could play the whole thing.
We have an unspliced version. Hold on.
Give us a moment, and we will start the video from
this particular point, or do you need us to move further
back, Mr. Weed?
MR. WEED: I mean, whatever -- from this point
onward is fine.
(Video recording is stopped.)
MR. ROBERTS: Okay. Attorney Brown, you have the --
it was right at the knocking at the door before
Mr. Haynes comes in to answer the door.
MR. WEED: And, Your Honor, another suggestion, I
can call my next witness, and we can go ahead and present
her testimony while we're working through these issues,
and maybe later on we can figure this out.
THE COURT: Is that acceptable, Mr. Roberts? Just
go ahead --
MR. ROBERTS: We just got it up. So if we just want
to go and just deal with the officers.
THE COURT: All right.
(State's Exhibit O, a video recording, is published
in open court.)
THE COURT: I'm still not hearing anything.
MR. WEED: I'm not hearing anything either.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
121
54
THE COURT: Let's do this. Why don't we just -- if
there is an agreement, call your next witness, and then
y'all can maybe get somebody that can assist here and get
it --
MR. ROBERTS: Go ahead.
(State's Exhibit 0, a video recording, is published
in open court and not transcribed for this proceeding.)
MR. WEED: And, Your Honor, if we could pause the --
I think that's pretty much all that is relevant from this
video unless the defense wants to play the rest.
THE COURT: Mr. Roberts? I'm sorry. Couldn't hear
you. I can't hear you, Mr. Roberts.
MS. BROWN: He's got to turn up his volume.
THE COURT: Mr. Roberts, try again. Can't hear you.
MR. ROBERTS: Am I back?
THE COURT: Yes, you're back.
MR. ROBERTS: It helps to have somebody smarter than
you around you.
THE COURT: Absolutely.
MR. ROBERTS: Yes, that's fine. He is correct.
THE COURT: So we will end the publication of that
exhibit at this point.
MR. ROBERTS: Yes.
THE COURT: Okay. Call your next witness, Mr. Weed.
MR. WEED: Jasmine Perkins.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
122
55
THE COURT: Jasmine Perkins. She is in the waiting
room.
(Pause.)
THE COURT: Ms. Perkins, if you can hear me, your
video is not up. If you can, bring that up for us, and
your microphone is muted. You have --
THE WITNESS: Okay. I'm sorry.
THE COURT: I can hear you now. Can't see you.
THE WITNESS: Yes, sir.
THE COURT: Okay. Still no video.
THE WITNESS: This says, allow. Okay. Allow.
Okay. It says I need to go to my settings. I'm sorry.
THE COURT: Okay.
THE WITNESS: Okay.
THE COURT: All right. I think we are getting you
now. Can't see your face very well, Ms. Perkins. If you
can, tilt the camera. There we go. There we go.
Perfect. Thank you. If you would, please raise your
right hand to be sworn.
Whereupon,
JASMINE PERKINS
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Okay. You may inquire, Mr. Weed.
DIRECT EXAMINATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
123
56
BY MR. WEED:
Q Please state your name for us.
A I'm Jasmine Perkins.
Q Do you know the defendant Justin Haynes?
A Yes.
Q And how long have you known him?
A Since November of 2017.
Q All right. Were you ever in a romantic relationship
with him?
A Yes.
Q And when was the time period of that romantic
relationship?
A On and off from November 2017 to July 29th, 2019.
Q All right. Whenever you say on and off again, were
there periods of time during that timeframe where you weren't
so much of a couple?
A Yes.
Q All right. But now on July 29th of 2019, what kind
of relationship did you have with the defendant at that time?
A A working relationship, we were hanging out,
spending time at each other's home. We were on an on period.
Q Okay. All right. Now, where does the defendant
live -- where did he live on July 29th of 2019?
A 1021 Preston Street.
Q All right. And who lived at that home with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
124
57
defendant?
A It was him. His son would be there occasionally.
Q All right. And who is his son?
A Malcolm.
Q All right. And how old was Malcolm back on
July 29th of 2019?
A He was three.
Q All right. Now, did you (inaudible) dog back on
July 29th of 2019?
A Repeat that. I'm sorry.
Q Did you have a dog back on July 29th?
A Yes.
Q All right. And what was your dog's name?
A His name is Sampson.
Q All right. Now, was Sampson at the defendant's home
on July 29th of 2019?
A Yes.
Q And why was Sampson at the defendant's home on that
date?
A Justin and I were spending so much time together
that I didn't want him to be at my apartment or town house at
the time alone. So he was at Justin's house where I was going
to be -- where we had been.
Q All right. And how long before July 29th of 2019
had Sampson been at the defendant's home?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
125
58
A Maybe a week.
Q Okay. Now, on July 29th of 2019, did you go to the
defendant's home?
A Yes.
Q Approximately when?
A It was sometime between 6:30 and 7:30.
Q All right. And why did you go to the defendant's
home on that date?
A Just to hang out, go to sleep, go to work the next
morning.
Q All right. In the days leading up to July 29th of
2019, had you been going over to the defendant's home and
spending the night?
A Yes.
Q All right. So on July 29th of 2019, was that your
routine practice to stay at the defendant's home?
A Yes.
Q Now, who all was present at the defendant's home
when you got there on July 29th of 2019?
A Justin and his son and Sampson.
Q All right. Now, what did you do whenever you got to
the defendant's home on July 29th of 2019?
A When I walked in, I sat down on the couch with him.
We had a brief conversation. I went, made some burgers, sat
down with him on the couch. Eventually I put my stuff up and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
126
59
went into the bedroom.
Q All right. Now, whenever you say you cooked some
burgers, did you cook burgers for yourself or for anybody
else?
A I cooked burgers for everyone. I think I made like
six burgers, something like that.
Q All right. And did Justin -- the defendant, did he
eat any of those burgers that you cooked?
A No, he didn't eat with me.
Q Okay. But did he eat any of the burgers?
A I don't know.
Q All right. Did you eat any of the burgers?
A Yes.
Q Okay. After you ate the burgers, what did you do?
A Went into the bedroom.
Q All right. And which bedroom would that be?
A It's probably the main bedroom to the right of the
bathroom.
Q All right. And is that the defendant -- is that the
room that the defendant used to sleep in?
A Yes.
Q All right. Now, up until that point in the night
and the evening, what was the defendant's demeanor like or
mood?
A He was a little agitated, irritable. I thought
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
127
60
something was wrong. Maybe he was drinking before I got
there. That's the reason why I (inaudible) the burgers.
Q All right. Well, let me ask you this. Did you see
the defendant drinking alcohol that night?
A No, uh-uh.
Q All right. Did he seem or appear as if he had been
drinking alcohol?
A Yes.
Q And why do you say that? What did you see that made
you think that?
A Like his words were slurred, and he had a lot of
like saliva in his mouth. It was just -- I mean, we have
drinked together. So I kind of know what it looks like.
Q All right. Now, you said at some point that you're
in the defendant's bedroom after eating the burgers?
A Uh-huh, yes.
Q What are you doing in the bedroom?
A I just laid across the bed. I had the TV on.
Q All right. Was anybody else in the bedroom with
you?
A Sampson was underneath the bed in a little hideout,
a little comfortable spot that he found. Malcolm was in and
out of the room.
Q And what was Malcolm doing in and out of the room?
A Relaying messages from Justin to me.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
128
61
Q And what do you mean by relaying messages?
A Malcolm would just come in and say, daddy wants to
talk to you. Why aren't you talking to daddy?
Q Oh, okay. All right. Well, eventually does the
defendant come into the bedroom?
A Yes.
Q All right. Well, what happens when he comes into
the bedroom?
A He's telling me that we need to talk. We need to
have a conversation. And, basically, I say, okay. I was
trying to avoid the conversation. I just felt like it could
get -- turn into an argument. So I told him if you want to
have a conversation, you know, put your son in his room, and
he went off about that.
Q All right. You said that he went off about that.
Who went off?
A Justin. Justin got angry at the fact that I asked
him to put his son in his room and -- put his son in his room
so that we can have a conversation to talk about whatever it
is that he wanted to talk about.
Q All right. Now, did the defendant put Malcolm in
his room?
A Yeah, he did.
Q Okay. So after the defendant put Malcolm in
Malcolm's room, then what did the defendant do?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
129
62
A He was standing in the threshold of the door, and he
said, you know, you can't, you know, put my -- you can't just
shoo away my son. You can't just put him away like a dog, put
him -- tell me to put him to bed or something along those
lines. You just can't get rid of him. So he got angry, and
he started to hit the wall. And --
Q And what do you mean by hit the wall?
A Punch the wall.
Q All right. All right. And then what happened?
A Sampson started barking.
Q All right. So is this still in the bedroom?
A Yeah.
Q All right. So who all is in the bedroom at this
point?
A Justin is in the entrance of the door. I'm on the
bed, and Sampson -- between the bed and the closet.
Q All right. Okay. So describe what happens next.
A So he's angry about me telling -- asking him to put
Malcolm in his room. He hits the wall. Sampson is barking.
Now he's telling me to shut the dog up, shut him up. And then
the situation escalates, and I (inaudible) Sampson between the
bed and the closet. I have my arms around him. Justin walks
by us looking in his drawer and looks in his closet and says
either where's my gun or I'm going to get my gun or something
like that and leaves the room. Once he leaves the room, I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
130
63
close the door, lock the door, and I'm holding the door. And
shortly after that I hear him coming back to the door.
Q All right. And let me back up for a minute. So why
did you close and lock the door to the bedroom after the
defendant left?
A Because he told me he was going to get his gun.
Q Okay. All right. And after the defendant left, did
he ever come back to the bedroom door?
A Yes.
Q All right. Could you hear him on the other side of
the door?
A I could hear him and feel him.
Q All right. So just to be clear, are you inside the
bedroom while the door is locked?
A Yes.
Q And is the defendant outside of the door?
A Yes.
Q Okay. What do you hear the defendant doing outside
of the door -- bedroom door?
A He's twisting on the doorknob.
Q All right. Is he saying anything?
A Yes, open the door.
Q All right. And what do you do?
A Tell him to calm down, stop. I'm just standing
there holding the doorknob talking to him (inaudible).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
131
64
Q All right. Now, is he talking to you through the
door?
A No, he's yelling. He's angry. He's yelling and
cursing, making threats.
Q And what kind of threats?
A He said I wasn't safe. He was going to kill us.
Q All right. So then what happens?
A I hear -- I hear what sounds like -- I hear what
sounds like a gun cycling, and I try to move; but I've already
been hit.
Q All right. And what do you mean by you've already
been hit?
A Well, I mean, when I tried to move from the door, I
moved my body to the left and backed up out of that little
corner. And I just -- I looked, and I -- there was blood
everywhere.
Q All right. Did you hear the sound of a gunshot?
A I did.
Q All right. And where were the shots coming from?
A The outside of the door.
Q At the time that you heard the gunshots, where were
you standing?
A Behind the door.
Q All right. Now, before you heard the gunshots, did
you hear the defendant say anything about he was going to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
132
65
shoot?
A No.
Q What was he saying?
A Open the door.
Q Now, after you heard the shots, did you notice if
you had any injuries on you?
A Yes.
Q And where were the injuries?
A My hand was completely opened, and my thighs were
open.
Q Okay. After you saw those injuries, were you able
to walk?
A I maybe took two steps before I lost the ability to
stand.
Q Okay. So at that point then were you on the floor?
A Yeah.
Q All right. Was Sampson still in the room?
A Yes.
Q All right. Where was he at?
A Between the bed and the closet in front of the
dresser drawers.
Q Did you do anything with Sampson?
A Yeah, I told Sampson, you know, get in the closet,
and I put my feet -- once I closed the -- got the closet
closed, I put my feet on the creases of the door of the closet
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
133
66
to keep them closed.
Q All right. Now, are you still on the floor at this
time?
A Yes.
Q All right. Did you have a telephone with you?
A Yeah, I found my phone. I guess I brought it in
there with me from earlier, but I still had my phone. And I
had to ask for help, and so I just -- I called the police. I
called 911.
Q All right. When you say you asked for help, what do
you mean by that?
A As soon as I was shot, I told Justin he had shot me;
and I asked him to call the police.
Q Okay. Now, at this point was the defendant still
outside the room?
A Yes.
Q Okay. And in response to you asking for help or to
call the police, what did the defendant do?
A Completely ignored it. Just -- I guess he acted
like he didn't hear me. I don't know.
Q All right. What was he doing?
A (Inaudible) threats.
Q I'm sorry?
A He continued to make threats through the door.
Q Okay. All right. Well, did you call 911?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
134
67
A Yes.
Q All right. And were you able to get in touch with
the 911 operator?
A Yes.
Q Do you remember talking to the 911 operator?
A Yes.
Q All right. What was your condition at that time?
A Terrified. I was short of breath. I was
overwhelmed. I guess I was in shock. I don't know.
Q Now, while you were talking to the 911 operator,
what was the defendant doing?
A Making threats, yelling at me.
Q All right. Was he in the room or still outside the
room?
A When I first got on the phone with the 911 operator,
he was outside of the room. Towards the end of the
conversation, he had got in the room.
Q All right. So if I understand you correctly, while
you're on the telephone with the 911 operator at the beginning
of that conversation the defendant is out of the room, but
towards the end of that conversation he does enter the room?
A Yeah.
Q I understood you correct?
A That's correct. He -- once he gained entry to the
room, he took my phone and hung up on the 911 operator.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
135
68
Q Okay. Now, do you know how he was able to gain
entry into the room?
A No.
Q All right. Well, let me ask you this. Have you
ever seen the defendant use any sort of a, you know, something
like a metal object to pick the lock or to open the door
before to that bedroom?
A Yes.
Q Okay. Now what were you doing whenever the
defendant entered the room?
A Sitting on my behind with my back against the bed
and my feet against the closet door, and I was on the phone
with the 911 operator.
Q Okay. And were you continuing to talk to the 911
operator?
A Once Justin got into the room, I was -- my attention
was on him.
Q Okay. All right. So what happened with the
telephone and the 911 operator?
A Well, once he gets in the room, I believe we had a
brief -- like I'm basically saying, I can't believe you shot
me. And he takes my phone which is on speaker, and he hangs
up on the 911 operator.
Q All right. And then what's the next thing that
happens?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
136
69
A He tries to pick me up, and for whatever reason the
first time he doesn't. And then the second time he's able to
pick me up and takes me and puts me in the living room area.
Q All right.
A By this time (inaudible).
Q All right. So what are you doing there in the
living room?
A Just laying there.
Q All right. Do you hear anybody outside the house at
that point?
A I see lights, like a lot of lights coming through
the windows, and I hear banging at the door.
Q Okay. All right. And what does the defendant do at
that point?
A He's pacing back and forth with his hands on his
head saying he's going to jail.
Q Okay. All right. Eventually does the defendant
answer the door? Or let me ask you, do you remember that?
A No.
Q All right. Well, just tell me the next thing you do
remember.
A The next thing I remember I hear shouting. I assume
it is the police, and then I see -- or remember feeling a
bunch of people around me. Somebody tied something really
tight around my leg, and then I remember the lights when I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
137
70
came out on the stretcher. Somebody talked to me in the
ambulance, and somebody was talking to me once I got to the
hospital.
Q Okay. All right. Now, what injuries did you have
as a result of this incident?
A My hand, my left hand -- it's just -- I mean, it's
broken. It can't be fixed. My legs, the way it healed my
skin is attached to the muscle; so it pulls when I walk and
just (inaudible), a scar on both my legs and my hand.
Q All right. Now, I want to share some exhibits with
you. These are going to be exhibits 9, 10, 20, 29, 30, and
31; so let me pull them up. All right. Do you see a screen?
It is a white screen, and it says Ms. Perkins on there.
A Yes.
Q All right. Now, have you seen -- and this is a
PowerPoint presentation. Have you seen this -- the
photographs in this PowerPoint presentation before?
A Probably.
Q Yeah. The Exhibits 9, 10, 20, 29, 30, and 31 if you
recall?
A Sure. Yes.
Q Yeah. Is Exhibits 9 and 10, are they true and
accurate photographs of the defendant's home where this
incident happened?
A Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
138
71
MR. WEED: Okay. And, Your Honor, I'd like to enter
and publish State's Exhibit 9 and 10 at this time.
THE COURT: Any objection, Mr. Roberts?
MR. ROBERTS: No objection, Your Honor.
THE COURT: 9 and 10 will be admitted.
(State's Exhibits 9 and 10 received in evidence.)
BY MR. WEED:
Q All right. Ms. Perkins, I don't know if you can see
State's Exhibit 9 now on the screen?
A Give me one second -- one second. Okay. I can see
it.
Q All right. And what is State's Exhibit 9 a
photograph of?
A That's where Justin was staying at the time.
Q All right. Is this the home that you were at on
July 29th of 2019 where this happened that you just testified
to?
A Yes.
Q All right. Now, looking at State's Exhibit 10, what
is that a photograph of?
A That is what it looks like when you first walk into
the home.
Q All right. Now, I want to show you State's Exhibit
20 and just ask you, do you recognize that metal object that's
depicted in State's Exhibit 20?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
139
72
A Yes.
Q All right. Have you seen that metal object before?
A Yes.
Q And where have you seen that metal object before?
A That is what we use to get into a locked door, a
locked door at that house.
Q And where is that metal object -- when you've seen
it at the defendant's house, where is it normally kept?
A Either in a drawer or on top of the door out of
Malcolm's reach.
Q All right. Now, I want to show you State's Exhibit
29, 30, and 31 which are photographs of the bedroom you were
in. Are State's Exhibit 29, 30, and 31 which you viewed
previously, are they true and accurate photographs of the
bedroom you were in when you were shot?
A Yes.
MR. WEED: Your Honor, I would ask that State's
Exhibit 29, 30, and 31 be entered into evidence and
published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: You didn't move 20 into evidence. Did
you intend to?
MR. WEED: Not at this time, Your Honor, no.
THE COURT: Okay. All right. 29, 30, and 31 will
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
140
73
be admitted.
(State's Exhibits 29, 30, and 31 received in
evidence.)
BY MR. WEED:
Q All right. So what are we looking at in State's
Exhibit 29, Ms. Perkins?
A That's where I was shot in the -- yeah.
Q Okay. If you see where -- first, let me put the
curser. Do you see -- what is the door depicted in this
photograph? Is that the bedroom door?
A Uh-huh, yes, that's the bedroom door.
Q Is this the entrance to the bedroom in which you
were shot?
A It was -- it is.
Q And is this area in front of the bedroom door where
you were standing when you were shot?
A Yes, it is.
Q All right. And further back is that the bed and
some sheets laying on the floor?
A Yes.
Q All right. Now I want to go to State's Exhibit 30.
What are we looking at in State's Exhibit 30?
A That's the bed.
Q Uh-huh.
A That's the sheets that I was on when I fell.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
141
74
Q Uh-huh. And what is this object right here?
A That's my cell phone.
Q All right. Next, State's Exhibit 31. Is that
another view of your cell phone and the bloody sheets?
A That's correct.
Q All right. And to the right where I have the
curser, are these doors to the closet in the bedroom?
A Yes, that's correct.
Q All right. Now, next I want to show you State's
Exhibit 3 and 4 which if you recall we previously went over
which are photographs of Sampson and have already been
admitted into evidence. Are State's Exhibit 3 -- 3 and 4
photographs of Sampson, your dog?
A Yes, yes.
Q All right. Now, next I want to go to State's
Exhibit B. Do you recall listening to State's Exhibit B being
an audio recording?
A Yes.
Q And what is it an audio recording of?
A When I called the 911 operator.
Q All right. And is State's Exhibit B a fair and
accurate audio recording of your 911 conversation with the 911
operator on July 29th of 2019?
A Yes.
Q And can you -- in this audio recording can you hear
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
142
75
the defendant's voice in the background?
A Yes.
Q All right. During your 911 call with the 911
operator, is there somebody that's -- can be heard yelling in
the background?
A Yes.
Q And who is that -- whose voice is that yelling in
the background?
A It is Justin's.
MR. WEED: And, Your Honor, at this time I would
like to enter State's Exhibit B into evidence and
publish.
THE COURT: Any objection to B?
MR. ROBERTS: No, Your Honor. Thank you.
THE COURT: Okay. B will be admitted.
(State's Exhibit B received in evidence.)
THE COURT: And you may publish.
MR. WEED: And please let me know if you can't hear
it, but I'm going to start it right now.
(State's Exhibit B, a 911 recording, is published in
open court.)
MR. WEED: Were you able to hear that, Your Honor?
THE COURT: No.
MR. WEED: Oh, gosh. Your Honor, were you able to
hear that?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
143
76
THE COURT: No.
MR. WEED: Let me try something else real quick
then. Were you able to hear that?
THE COURT: No.
MR. WEED: No?
THE COURT: Is it on mute? You just flipped up a
shot there that looked like there was a mute that may
have been activated.
MR. WEED: Still nothing?
THE COURT: A little bit of garbled at the beginning
but (inaudible) discernible, and it was very low volume
as well.
MR. ROBERTS: Mr. Weed, for the record, we have
pulled it up. If you need us to play it, we can play it
as well.
MR. WEED: Yes, that would be great.
MR. ROBERTS: Okay. So let me -- so my wonderful
associate would have to mute my end and then go to her
end.
(State's Exhibit B, a 911 recording, is published in
open court and not transcribed for this proceeding.)
BY MR. WEED:
Q Ms. Perkins, what were some of the things the
defendant was yelling while you were on the 911 call?
A He said I wasn't safe and that he will F'ing kill
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
144
77
me.
Q All right. Was he saying anything about opening the
door?
A Yes.
Q All right. All right. Now, let me ask you, you
said earlier that you and the defendant were hanging out and
interacting in the days and weeks prior to July 29th of 2019?
A Yes.
Q All right. Did you take any photographs of you and
the defendant as you and him were hanging out in those days
and weeks before July 29th, 2019?
A Yes.
Q All right. I'm going to go ahead and try to share
with you State's Exhibit E and F. Have you seen State's
Exhibit E and F before, photographs of you and the defendant?
A Yes.
Q Are they true and accurate photographs of you and
the defendant together?
A Yes.
MR. WEED: Your Honor, I'd ask that State's Exhibit
E and F be entered into evidence and published.
THE COURT: Any objection? I couldn't hear you,
Mr. Roberts. I don't know if you are muted. It doesn't
appear as though you are muted.
(Pause.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
145
78
THE COURT: I can't hear you.
(Pause.)
MR. ROBERTS: Can you hear me now, Your Honor?
THE COURT: Yes, sir. Thank you. Any objection to
E and F?
MR. ROBERTS: No objection.
THE COURT: All right. E and F will be admitted,
and you may publish.
(State's Exhibits E and F received in evidence.)
BY MR. WEED:
Q What are we looking at in State's Exhibit E?
A That's Justin and myself.
Q All right. And was this a photograph that you took?
A Yeah.
Q And the date and time for the photograph; is that
correct?
A That's correct.
Q All right. State's Exhibit F, what are we looking
at in State's Exhibit F?
A That's Justin and myself.
Q All right. And is -- was the date that you took
that photograph accurately reflected on the photograph as
June 17th, 2019?
A Yes.
Q Now, in July of 2019 did you receive a direct
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
146
79
message on Instagram from the defendant?
A Yes.
Q And specifically did you receive a direct message on
Instagram from the defendant on July 20th of 2019?
A Yes.
Q All right. And I know we previously had gone over
these exhibits, but Exhibit G, is that a true and accurate
image of the direct message you received from the defendant on
July 20th, 2019?
A Yes.
MR. WEED: Your Honor, I'd ask that State's Exhibit
G be entered into evidence and published.
THE COURT: Any objection? Mr. Roberts, any
objection?
MR. ROBERTS: No. No objection, Your Honor.
THE COURT: All right. G will be admitted.
(State's Exhibit G received in evidence.)
BY MR. WEED:
Q Ms. Perkins, is the date on this image the correct
time in which -- date and time in which you received the
direct message from the defendant?
A Yes.
Q And would the year be 2019?
A That's correct.
Q And what is the -- what message did the defendant
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
147
80
send to you? If you could, just read that for us?
A If I could ask for one thing for my birthday, I'd
ask that you to please call me. All I'm asking is that you
hear me out for the last time please.
Q All right. And what was the circumstances
surrounding that direct message?
A We had got into an argument, and I had blocked him
on my cell phone; and so he used Instagram to contact me.
Q All right. And as a result of the defendant
contacting you on Instagram, did you and he for lack of a
better term make up and continue on your relationship?
A Yes.
Q All right. Now, has your dog Sampson spent time
with the defendant before?
A Yes.
Q And whenever I say before, I mean before July 29th
of 2019?
A Yes.
Q All right. Has your dog Sampson spent any time with
the defendant's son Malcolm before July 29th of 2019?
A Yes.
Q All right. Were there any problems before between
Sampson and the defendant or Sampson and Malcolm?
A Never.
Q All right. Did you ever take photographs or videos
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
148
81
of Sampson interacting with the defendant?
A Yes.
Q Did you ever take photos or videos of Sampson
interacting with the defendant's son Malcolm?
A Yes.
Q All right. We have previously gone over State's
Exhibit H and J. Are those fair and accurate photographs of
you, the defendant, and Sampson and the defendant and Sampson?
A Yes.
MR. WEED: Your Honor, I would ask that State's
Exhibit H through J be entered into evidence and
published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: All right. H through J will be
admitted.
(State's Exhibits H through J received in evidence.)
BY MR. WEED:
Q And what is State's Exhibit H? If you could explain
what we're looking at?
A That's me with my head partially cut off. That's
Sampson and Justin.
Q All right. And State's Exhibit I, what are we
looking at in State's Exhibit I?
A Sampson laying down in front of Justin.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
149
82
Q All right. And State's Exhibit J, what are we
looking at in State's Exhibit J?
A Sampson and Malcolm.
Q And Malcolm, is that the defendant's young son?
A That's correct.
Q All right. Now, did you also make any videos of the
defendant and you and Sampson interacting together?
A Yes.
Q All right. And we have previously gone over State's
Exhibit K and L videos. Are they fair and accurate videos of
you, the defendant, and Sampson interacting together?
A Yes.
MR. WEED: Your Honor, I'd ask that State's Exhibit
K and L be entered into evidence and published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: Okay. K and L will be admitted, and you
can publish.
(State's Exhibits K and L received in evidence.)
(State's Exhibit K, a video recording, is published
in open court.)
(There is no audible sound on this video.)
BY MR. WEED:
Q All right. And what did we just view there on
State's Exhibit K, if you could tell us what was going on?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
150
83
A Sampson was kissing Justin, and that's myself.
Q All right. And approximately when was this video
taken?
A June 17th, 2019.
Q All right. And now State's Exhibit L. Go ahead and
play that.
(State's Exhibit L, a video recording, is published
in open court.
(There is no audible sound on this video.)
BY MR. WEED:
Q All right. Now, next I want to show you State's
Exhibit M. Well, actually, you have seen State's Exhibit M
before. Is State's Exhibit M a fair and accurate video of
Sampson playing with Malcolm or Malcolm playing with Sampson?
A Yes.
MR. WEED: All right. Your Honor, I would ask that
State's Exhibit M be entered and published.
THE COURT: Any objection?
MR. ROBERTS: No objection, Your Honor.
THE COURT: M is admitted, and you may publish.
(State's Exhibit M received in evidence.)
(State's Exhibit M, a video recording, is published
in open court.)
(There is no audible sound on this video.)
MR. WEED: Thank you. I have no more questions for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
151
84
the witness.
THE COURT: All right. Cross-examination,
Mr. Roberts?
MR. ROBERTS: Yes. Thank you, Your Honor. One
moment.
CROSS-EXAMINATION
BY MR. ROBERTS:
Q Ms. Perkins, let's just go back to the top. I'm
taking you back to the events prior to July 29th, 2019. Isn't
it true that a trespass warning was issued to you to stay away
from the home?
A No.
Q You were not given a trespass warning?
A No.
Q Okay. And within this case you gave me a
deposition; is that correct?
A Yes.
Q You spoke to Nick Roberts; is that correct? He's an
investigator that came to the hospital room; is that correct?
A Yes.
Q And you spoke to Investigator Megna; is that
correct?
A Yes.
Q And when you spoke to Investigator Megna or Megna,
it was videotaped; isn't that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
152
85
A Yes.
Q And in that videotape he went back and forth with
you explaining to you what a trespass warning was, whether or
not an officer gives it to you verbally or (inaudible) or the
resident of the home gives it to you. And y'all went back and
forth about what an official and an unofficial trespass
warning is; do you remember that?
A Briefly.
Q Excuse me, ma'am?
A Briefly.
Q Okay. But you do remember that encounter with
Officer Megna; is that correct?
A I do.
Q Okay. And it was in reference to a trespass warning
that was issued to you because Mr. Haynes' family did not want
you at the home; isn't that correct?
A What's the question?
Q I said the trespass warning was issued to you
because Mr. Haynes' family, his mom, his grandmother, they did
not want you or your dog at the home on Preston Street; isn't
that correct?
A No, that's not what it was in reference to, no.
I've never been given a trespassing warning.
Q Okay. So that's -- okay. So TPD has no record of
you getting a trespass warning?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
153
86
A Oh, I don't know.
Q Okay. That's fine. And then also at some point
Mr. Haynes is boarding your dog? You have your dog at
Mr. Haynes' home; isn't that correct?
A He's not boarding my dog. My dog is there because
that's where I am, and we were all hanging out.
Q Now, let's take it to the night of -- this incident
occurred. You came to the home; isn't that correct?
A Yes.
Q You went to the home. And when you got to the home,
you didn't park directly in front of Mr. Haynes' residence; is
that correct?
A Yes.
Q Okay. And the reason you don't park in front of
Mr. Haynes' residence is because his grandfather lives
relatively close, and you do not want them to see your vehicle
near Mr. Haynes' home; isn't that correct?
A I didn't park in the driveway because Justin's truck
was there. I parked in (inaudible) --
Q So it is your testimony -- so it is your testimony
that you have a very good relationship with Mr. Haynes'
family, his mother and grandfather?
A No.
Q What type of relationship would you say you have
with them?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
154
87
A I don't have a relationship with his family.
Q Okay. Well, would you say they do not like you
being at the residence on Preston Street? Would you agree
with that statement?
A Yeah.
Q Okay. Great. Now, when you were on Preston Street
and you came in and you talked to Mr. Haynes -- and isn't it
true he was sitting on the couch just watching TV?
A He was on the phone with his dad.
Q Yeah, he was on the phone with his dad, but he was
just watching TV, nothing major happening, just sitting down;
is that correct?
A Correct.
Q Okay. Because you described him as agitated, but he
is on the phone with his dad just having a regular
conversation; is that correct?
A When he got off the phone and wanted to talk --
Q That's not what I'm asking you. When you came in
the home, Ms. Perkins, he was just on the phone with his dad
having a regular conversation; is that correct?
A Yes.
Q Okay. And then at some point after that was -- your
dog was outside in the yard, and Mr. Haynes went and let the
dog in; isn't that correct?
A No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
155
88
Q So you -- so was the dog already in the house when
you got there?
A Yes.
Q Okay. But at some point during the course of the
evening when you and Mr. Haynes were there, there's an issue
of whether or not your dog knocked down Malcolm; isn't that
correct?
A Sampson was never an issue.
Q You're saying Sampson never knocked down Malcolm at
all?
A No.
Q Okay. And then after that you're saying that you
went into the bedroom, and you took your clothes off?
A I laid down and watched TV.
Q Okay. Now, are you saying you didn't take your
clothes off? How did your clothes come off?
A Yeah, probably when I went into the bedroom I took
my clothes off and laid down just across the bed, turned the
TV on.
Q Okay. And you took your clothes off on your own;
isn't that correct?
A Yeah.
Q Okay. And when you say you took your clothes off,
you had no top on, just underwear on; is that correct?
A Oh, yes, uh-huh.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
156
89
Q Okay. So then just fast-forwarding through the
night you're saying that at some point there's some wanting to
talk. You don't -- have no idea what they (sic) wanted to
talk about; is that correct? What Justin wanted to talk
about, but he wanted to have a conversation; is that correct?
A Yeah. Well, he got off the phone.
Q You said he wanted to talk to you?
A Yeah.
Q Ma'am?
A Yes.
Q Okay. And isn't it true that he wanted to talk to
you about not having your dog at the home; isn't that correct?
A No.
Q So do you -- you did not say to Mr. Weed when he did
his direct examination of why he wanted to talk. You just
said he wanted to talk; is that correct?
A I never found out what he wanted to talk about.
Q Okay. Now -- but your testimony is he just wanted
to talk, but you have no idea what he wanted to talk about?
A We never got into the --
Q Okay.
A -- whatever he wanted to talk about.
Q All right. At some point when -- during the
exchange I believe Malcolm -- you said Malcolm was put in his
room. You wanted Malcolm to be put in his room. There was --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
157
90
Mr. Haynes became upset about Malcolm going in his room. Do
you remember that exchange with Mr. Weed?
A Yes.
Q Okay. And you guys discussed that matter with
Malcolm going in his room; isn't that correct?
A Briefly, yes.
Q Okay. But at some point you're saying Mr. Haynes
becomes a little bit agitated; is that correct?
A He was already agitated.
Q Okay. Now, you're stating he's already agitated,
but no one knows why he's agitated. You're just using that
term agitation?
A No, not necessarily. We had a conversation when he
was on the couch about whatever he had -- whatever else he had
going on. I think maybe he had been anxious about it or -- I
don't know. He wanted to talk to me, and I tried to avoid the
conversation by going into the room; and he still wanted to
talk.
Q Okay. But even with that being said -- and I don't
know the degree of what you're saying an agitation is, but you
still felt comfortable enough -- or that the mood was proper
for you to disrobe and get in his bed; is that correct?
A Please repeat the question.
Q I said, even with what you're describing as some
form of agitation, you still disrobed, meaning took your
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
158
91
clothes off, and got in his bed; is that correct?
A Yes.
Q Okay. Now, you went in his room on your own; isn't
that correct?
A Yes.
Q He did not tell you to go into his room; isn't that
correct?
A I was welcome that night.
Q That's not my question, Ms. Perkins. Listen to me
carefully. He did not ask you to go in the room. You went in
the room on your own; isn't that correct?
A He did not order me to go to the room or tell me to
go to the room. I was there for the night, and I went into
the room.
Q My question is, you went into the room on your own,
isn't that correct, without any direction from Mr. Haynes?
A Yes.
Q Okay. And that is Mr. Haynes' bedroom where his
clothes and where he sleeps and he spends the night and things
of that nature, that's his bedroom; isn't that correct?
A Where I spend the night, where I stay and put my
things, yes.
Q I'm not asking you about your things. I'm saying, is
that Mr. Haynes' bedroom? That's a four-bedroom house, but
that particular room you went into was Mr. Haynes' room; isn't
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
159
92
that correct?
A I guess.
Q Just a yes or no.
A Yes.
Q Okay. Thank you. And then at some point during the
evening you stated to Mr. Weed that Mr. Haynes punched the
wall; is that correct?
A He did. Can I get my charger, Mr. Roberts?
MR. ROBERTS: Sure.
THE WITNESS: Thank you.
(Pause.)
THE WITNESS: Okay. Thank you.
BY MR. ROBERTS:
Q Okay. So he's in the room. We are talking about
punching the wall. Okay. And isn't it true that your dog at
this moment is becoming a little bit more excited; isn't that
correct?
A After he is punching the wall and yelling, yes.
Q No, that's not my question. I said, during this
conversation you guys were having, however you want to
describe it, isn't your dog becoming more excitable?
A I don't really know if I understand what you're
saying.
Q You know how -- you have a dog named Sampson. And
when Mr. Haynes is speaking with you, at some point does he
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
160
93
become more animated, more -- maybe a term is aggressive? Do
you remember that?
A No, it's not until Justin shows aggression that
Sampson then starts to bark.
Q Okay. Now, at some point during that night
Mr. Haynes is bit on his leg by a dog in that same room where
you were?
A (Inaudible) my knowledge.
Q Okay. You are saying you never seen Sampson bite
Mr. Haynes?
A No.
Q Okay. And we are talking about the room that's --
we are not talking about a big bedroom; isn't that correct?
We are not talking about a huge bedroom? It is a small room?
A (Inaudible).
Q Ma'am?
A It's a standard bedroom, I guess. Yeah, I guess it
is not --
Q But in other words, if you're in that room, Justin
Haynes is in that room, your dog is in that room, you could
see everything that's interacting between you, Justin, and the
dog; isn't that correct?
A That's correct.
Q And if your dog would have bit Justin in front of
you, you would have saw it; isn't that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
161
94
A That's correct.
Q Okay. And your testimony to Mr. Haynes -- Mr. Nick
Roberts and all law enforcement officers is that your dog
never bit Justin; isn't that correct?
A That's correct.
Q And it is also your testimony that your dog never
bit anybody before; isn't that correct?
A Not (inaudible).
Q Huh?
A Not to my knowledge.
Q No, no, no. I'm asking you -- that's -- your
testimony was that your dog never bit anyone, including Justin
Haynes before; isn't that correct?
A Not to my knowledge. I don't have any knowledge of
that.
Q Okay. Now, at some point Mr. Haynes does punch the
wall, and at some point he does look around for a weapon;
isn't that correct? And you remember that, right?
A Yeah.
Q Okay. And your statement today to Mr. Weed was that
Justin said he was going to kill you?
A Yes.
Q That's what you said, right?
A Kill us, kill me and Sampson, that's true.
Q Ma'am? Hello?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
162
95
A Hello.
Q That's what you said, that Justin was going to try
to kill you; is that correct?
A Me and my dog, that's correct.
Q Okay. Now, you called 911 that day; isn't that
correct?
A That's true.
Q Okay. And you listened to the 911 call; isn't that
correct? We just played it. Everybody heard it, right?
A I heard it. That's correct.
Q Okay. Nothing in that 911 call you ever stated that
Justin Haynes was trying to kill you. Did we ever hear those
words uttered out of your mouth?
A No, I never said that, but he said he was going to
kill me.
Q No, I'm just asking you. You call 911. They asked
you three times, actually maybe four times who shot you. And
you never said who shot you either; isn't that correct?
A I was in shock, Mr. Roberts.
Q I know you're saying that you were in shock, but
you're saying that someone was trying to kill you; and you're
calling 911 and not giving them that pertinent information as
to who a potential assailant would be for you. You did not
give them that pertinent information, and the 911 operator
asked you three plus times who shot you; and you never said
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
163
96
Justin Haynes shot you; is that correct? You heard the tape
with me.
A Yeah, I guess I never said that.
Q Okay. In fact, you actually called for Justin a
couple of times, multiple times saying, Justin, I'm dying. I
heard that.
A Yes. Yes.
Q Okay. You didn't say, Justin, you're trying to kill
me. You said, Justin, I'm dying; isn't that correct? Ma'am?
A That's correct.
Q And then you also heard on the tape Justin say, the
dog F'ing bit me. You heard that also; is that correct?
A He only said that because he seen I was on the phone
with the 911 operator.
Q No, no, no. No, let's back up. Let's back up.
We're talking about what was said on the tape that you heard.
You heard Justin say that the dog F'ing bit me as a reason why
he shot at the dog; isn't that correct, Ms. Perkins?
A No, that's not correct.
Q Do we need to play the 911 tape again? Do we need
to play the tape again?
A Only if you want to, Mr. Roberts. But the reason --
he took my phone, he said that, and he hung up.
Q Okay. Then you also said -- because when Mr. Weed
is examining you, you are stating that -- you're saying
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
164
97
that -- through the 911 that he is trying to kill you. But
there's nothing on the 911 tape because you had plenty --
ample -- it is a three-minute tape. Just uttering the words
someone is trying to kill me is very quick, less than a couple
of seconds, and you never said that; is that correct?
A No, Justin says it himself that he's trying to --
he's going to kill me.
Q No, no, you are saying Justin said that. We have
absolutely no evidence other than your words.
A (Inaudible).
Q Now, let's go a little further. This is after 911
is called. You rode to the hospital with a police officer,
Josh White, who was there who took the pictures that we just
showed through Mr. Weed; isn't that correct?
A I don't know. I guess.
Q Yeah, you rode to the hospital with him. He was a
police -- you said that. You rode to the hospital. You don't
remember riding to the hospital in an ambulance?
A Yes, I don't know who it was with me.
Q Well, let's just strike the fact that it is a name.
Let's say it is a police officer. Do you remember a police
officer being in the vehicle with you?
A Yes.
Q Okay. And you never told that police officer that
Justin Haynes was trying to kill you or harm you; isn't that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
165
98
correct?
A No, I don't remember what conversations we had in
the ambulance.
Q I understand that. But you seem to have a very good
recollection on other topics, but when it comes to information
relating to Justin Haynes making those statements at this
particular point we are getting a little blurry, and I just
need some clarification. When you went to -- rode in an
ambulance with Mr. White, you -- just ordinary TPD officer,
you never said Justin Haynes was trying to kill you; is that
correct?
A I don't remember. I told the interview guy -- I
said it at some point. I don't remember when.
Q Okay. And so it would be in some report that you
said that? That you did actually say that?
A That's correct.
Q Okay. All right. And then also when you --
actually when you're in your hospital bed, you called the
gentleman named Jared Mabry. Remember -- you know who Jared
Mabry is?
A That's correct.
Q Okay. And you called him from your hospital bed;
isn't that correct?
A I did. That's correct.
Q Okay. And you told him that you were shot; isn't
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
166
99
that correct?
A That's correct.
Q Okay. And you never told him that Justin Haynes
shot you or Justin Haynes was trying to kill you; isn't that
correct?
A I don't think we were able to talk about anything.
Q But I'm asking you, you spoke with him; isn't that
correct? You called him? Ma'am?
A I called him, yeah.
Q Okay. And you had a conversation with him; isn't
that correct?
A No, he actually disconnected the phone.
Q So you never had a conversation with Jared Mabry?
A Not about the shooting.
Q No, I'm asking you, did you ever have -- listen to
me. I'm not -- I try to be -- talk clear. Did you ever have
a conversation with Jared Mabry on the night that this
happened or the early morning when this happened? That's the
question. Yes or no, ma'am?
A Yes.
Q Okay. During that conversation isn't it true that
you never said Justin Haynes tried to kill you or harm you;
isn't that correct?
A That's correct.
Q Thank you. And then -- one moment, please. Then
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
167
100
also when you said that the incident happened -- and isn't it
true that Justin Haynes came in the room and (inaudible)
trying to pick you up, get you out of the room to try to get
you help; isn't that true?
A No.
Q He never got you out of the room, Ms. Perkins?
A He did get me out of the room.
Q Okay.
A He wasn't --
Q And isn't it -- hello?
A I'm still here.
Q I lost that. I'm saying he tried to get you out of
the room; isn't that correct?
A He eventually got me out of the room.
Q Okay. And the police officers came into the area,
and they attended to you; isn't that correct?
A Yes, other people attended to me, not Justin.
Q Okay. But Justin was able to carry you out of the
room; isn't that correct?
A Against my will, yes.
Q Okay. Now, let me ask you this. You claim that
Justin said he's trying to kill you; isn't that correct?
A That's correct.
Q Okay. So he comes into the room, and he has access
to a gun. You are saying he is trying to kill you, but
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
168
101
there's no more shots being fired or anything directed in your
way as regards to violence; isn't that correct? Ma'am, isn't
that correct?
A Not really.
Q Now, listen to me carefully, Ms. Perkins. After the
incident Mr. Haynes comes in the room. He has access to a
9-millimeter, a semiautomatic weapon, and you're claiming he's
trying to kill you, and there's no more shots or anything
fired in your direction after the initial incident that
occurred where you and your dog was actually shot; isn't that
correct?
A There were no more shots fired.
Q You're not -- listen to me carefully. After --
you're saying Mr. Haynes is trying to kill you. My question
is: After Mr. Haynes gets access to the room, you're already
on the floor. He has a semiautomatic weapon. He has access
to another firearm. He never tried to shoot you or do
anything after the initial incident; isn't that correct?
A He didn't have the gun in his hand when he came in
the room.
Q Well, he didn't put his hands around your neck or do
anything to harm you; isn't that correct?
A He hung up on the 911 operator which is how I could
get help.
Q All right. Well, I'm just going to move on. Let's
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
169
102
get back to how the shooting incident occurred. And I took
your deposition, and you talked to Officer Megna. And you --
and all those things happened. Isn't it true that you're
stating that you're hold -- you're standing directly behind
the door when the gun is discharged; isn't that correct?
A That's correct.
Q Okay. And you're stating that you're holding the
door. And when you're saying you're standing behind the door,
that means your physical body is in front of the door; isn't
that correct?
A Yes, I'm holding the door, holding the knob, pulling
in.
Q With both hands; isn't that correct? What you said
in your deposition?
A (Inaudible).
Q All right. And then when you're holding the door,
you're facing front to the door, not side or any other angles;
isn't that correct?
A That's correct.
Q Okay. And then you said that when the shots were
fired your dog Sampson was on the opposite side or somewhere
else in the room not near you when the gun was discharged;
isn't that correct?
A That was between the bed and the closet in front of
the dresser.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
170
103
Q Okay. So when you're holding the door with both
hands, Sampson could not be in your hands; is that correct?
A (Inaudible) was not ever in my hands.
Q Excuse me?
A Sampson was never in my hands.
Q And that's exactly what I wanted to -- that's where
I was going. So when the shots were fired, both your hands
and your body is facing the door, the gun is discharged, and
you are shot; is that correct?
A That's correct.
Q Okay. And -- but somehow with Sampson being away
from the door, you having access -- you're holding the door
with both hands, Sampson -- did you know that Sampson was
actually hit with the projectile or bullet? Did you know
that?
A Never, not until I was in the hospital.
Q Okay. So your understanding was Sampson was not
shot that night? That's your understanding?
A No, sir, that's not what I just said.
Q No, I'm just asking you. Was it your understanding
that Sampson was never shot?
A I found out in the hospital that Sampson had been
shot.
Q And to your knowledge you don't know how that
happened, that's what you're telling us? You don't know how
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
171
104
Sampson could have gotten shot?
A Well, I know how. There was a gun discharged where
we were.
Q Okay. So -- but you're stating that when the gun
was discharged -- and listen to me very carefully -- that
Sampson was not around when the gun was discharged?
A Sampson was between the bed and the closet in front
of the dresser.
Q And you were holding the door?
A Well, I was holding the door. When I heard the gun
cycle or engage or whatever term it is, I heard that happening
on the other side of the door, and I turned my body to the
left; and I noticed I had been shot.
Q Okay. So you said -- so you're turning your body
before or after the shooting? Because you are claiming --
now, remember you said you had both hands on the door.
A I did have both hands on the door. I had both hands
on the door after the --
Q Okay. You had both hands on the door when the gun
was discharged? That's where I'm getting at.
A I don't know about any of that. I had my hands on
the door. I heard the noise of the gun cycling. I turned my
body. I see I'm shot. I make like two steps, and then I fall
and -- yeah.
Q And -- now, also you're stating that while you're
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
172
105
shot -- and we're talking about -- this is severe gunshot
wounds, and I'm so sorry that that happened to you with all
sincerity. I wouldn't -- you know, just understand that when
I'm asking these questions, I'm asking in the realm of a
defense attorney. So -- but your wounds are very serious;
isn't that correct?
A Yes, sir, they are.
Q And so your wounds are so serious that when you got
shot your hands and your leg had significant wounds where you
really was rendered immobile; isn't that correct?
A That's correct.
Q Ma'am?
A That's correct.
Q Okay. But, however, you're stating that you are
still able to -- even though you're immobile, you're still
able to get Sampson into the closet by voice command; isn't
that correct?
A Once I hit the floor, I said, you know --
Q My question --
A Excuse me?
Q This is -- my question is that your testimony is
that you got Sampson to a closet by voice command; isn't that
correct?
A The closet doors were already open. I told him to
get inside. He went inside. I closed the door with my feet,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
173
106
put my feet against the creases of the door so that it
wouldn't open, and that's what happened.
Q So -- and so with all this happening with you being
shot, you were still able to maneuver or assist your dog to
get in the closet? That's your testimony then, right?
A He didn't need much assistance.
Q Okay.
A But I commanded him to get in the closet, and that's
what he did; and somehow I was able to (inaudible) the doors.
Q So when you're doing -- when you're getting Sampson
in the closet, to your knowledge did it look like Sampson was
shot, or did it look like he was not shot?
A No, I didn't think -- I didn't know that he was
shot. I didn't think he was shot.
Q Did he behave like something happened to him, or he
just was acting normal?
A He just looked anxious. He looked terrified. He
just looked -- just shocked.
Q But I'm -- my question to you, was there any
indication when you were getting him in the closet that the
dog was actually shot at that particular time?
A No.
MR. ROBERTS: Okay. Okay. Let me just go through.
Okay. Hold on one moment.
(Pause.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
174
107
MR. ROBERTS: That's it. Mr. Akbar, was there
anything that we may need to cover additionally if you
are still there?
MR. AKBAR: Yes, I'm still here. No, I think you
covered it all, Mr. Roberts.
MR. ROBERTS: Thank you so much, Mr. Akbar. The
witness is with the Court, Your Honor, for redirect.
THE COURT: Okay. Redirect, Mr. Weed? Thank you.
Any questions, Mr. Weed? Your microphone is muted.
MR. WEED: I'm sorry. No questions.
THE COURT: Okay. Thank you. Can this witness be
excused?
MR. WEED: Yes.
THE COURT: You are free to go, Ms. Perkins.
THE WITNESS: Okay. Thank you.
THE COURT: You're welcome to stay too if you would
like, but you're free to go if you would like.
THE WITNESS: Okay. Thank you.
THE COURT: All right. Who will be your next
witness, Mr. Weed?
MR. WEED: Detective Megna.
THE COURT: And do you expect that to take a lengthy
time or relatively short?
MR. WEED: It is going to take a while, Your Honor.
There's --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
175
108
THE COURT: Okay.
MR. WEED: Part of it is going to be playing a
recorded interview. If I could get the recording to
play -- which I will work on over lunch.
THE COURT: Okay. I've got just a few minutes
before noon. Let's take a recess, reconvene at 1:00 p.m.
That should give us just at an hour for lunch. Any
objections to that from counsel?
MR. ROBERTS: No, Your Honor. Thank you so much.
THE COURT: Okay. We will be in recess then. We
will reconvene at 1:00 p.m.
(Court is in recess at 11:58 a.m., and the
proceedings are continued in Volume II.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
176
109
CERTIFICATE STATE OF FLORIDA: COUNTY OF LEON: I, SONIA FANCHER, Official Court Reporter, do hereby
certify that the foregoing proceedings were digitally recorded
at the time and place therein designated; that I later reduced
said digital recording stenographically and that my notes were
thereafter translated; and the foregoing pages are a true and
accurate transcript of the aforesaid proceedings.
I FURTHER CERTIFY that I am not a relative,
employee, attorney or counsel of any of the parties, nor
relative or employee of such attorney or counsel, or
financially interested in the foregoing action.
DATED this 15th day of June, 2021.
___________________________________ SONIA FANCHER OFFICIAL COURT REPORTER
LEON COUNTY COURTHOUSE, ROOM 341 TALLAHASSEE, FLORIDA 32301
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
177
APPENDIX
E
178
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA
CASE NO.: 2019-CF-2625
STATE OF FLORIDA
v. JUSTIN HAYNES, Defendant. ____________________/
VOLUME II - Pages 110 thru 214
DIGITAL PROCEEDINGS: MOTION HEARING BEFORE: THE HONORABLE DAVID W. FINA DATE: May 28, 2021 TIME: Commencing at 1:04 p.m.
Concluding at 4:16 p.m. LOCATION: Leon County Courthouse Tallahassee, Florida TRANSCRIBED BY: LINDA CUNNINGHAM, RPR Notary Public in and for the
State of Florida at Large
*All parties participated remotely by telecommunication equipment as per Second Circuit Administrative Orders 2020-04 and 2020-05.*
Filing # 128870695 E-Filed 06/16/2021 01:15:22 PMFiling # 129004255 E-Filed 06/17/2021 07:14:15 PM
179
111
APPEARANCES
REPRESENTING THE STATE ATTORNEY:
JOHN N. WEED, ASSISTANT STATE ATTORNEY STATE ATTORNEY'S OFFICE, THIRD CIRCUIT 310 PINE AVENUE SW LIVE OAK, FLORIDA 32064-2317
REPRESENTING THE DEFENDANT:
GARY A. ROBERTS, ESQUIRE GARY A. ROBERTS & ASSOCIATES, LLC 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
MUTAQEE AKBAR, ESQUIRE LAW OFFICE OF MUTAQEE AKBAR, P.A. P.O. BOX 10143 TALLAHASSEE, FLORIDA 32302-2143
TIFFANI N. BROWN, ESQUIRE TIFFANI N. BROWN LAW, PLLC 130 SALEM COURT TALLAHASSEE, FLORIDA 32301-2810
INDEX WITNESS: PAGE JEROME MEGNA
Direct Examination By Mr. Weed 113 Cross Examination By Mr. Roberts 130 Redirect Examination By Mr. Weed 154 Recross Examination By Mr. Roberts 157
BARBARA HOBBS
Direct Examination By Mr. Roberts 167 Cross Examination By Mr. Weed 178
JUNIOR TAIT
Direct Examination By Mr. Roberts 181 Cross Examination By Mr. Weed 186
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
180
112
INDEX CONTINUED
DR. CHARLES BENEDICT
Direct Examination By Mr. Roberts 190 Cross Examination By Mr. Weed 200 Redirect Examination By Mr. Roberts 205
JARED MABRY
Direct Examination By Mr. Roberts 207
STATE'S EXHIBITS:
9 - 47 115 48 - 49 127 N 128 Certificate of Reporter 214
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
181
113
PROCEEDINGS
THE COURT: Okay. Court will come back to order.
We've got everyone present.
Mr. Weed, do you want to call your next witness?
MR. WEED: Your Honor, we call Jerome Megna.
THE COURT: All right. Jerome Megna. I believe
he's already in the meeting, correct? Yes.
If you would, please, sir, raise your right hand to
be sworn.
Whereupon,
JEROME MEGNA
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you. You may inquire.
DIRECT EXAMINATION
BY MR. WEED:
Q Sir, please state your name and occupation.
A I am Investigator Jerome Megna with the Tallahassee
Police Department Violent Crimes Unit.
Q All right. Were you working with the Tallahassee
Police Department on July 29th of 2019?
A I was.
Q On that date, did you respond to a 1021 Preston
Street in Tallahassee, Florida?
A I did.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
182
114
Q And why did you go to that residence?
A I was summoned as the on-call Violent Crimes
investigator to investigate a shooting incident that occurred
at that location.
Q All right. Did you obtain a search warrant to
search the premises?
A I did.
Q All right. Did you take part in the search of the
residence?
A I did.
Q Were photographs taken during the search?
A Yes.
Q All right. Now, previously I provided to you
State's Exhibit 9 through 47. Have you reviewed State's
Exhibit 9 through 47 before today's hearing?
A I have.
Q All right. Are State's Exhibit 9 through 47, are
they true and accurate photographs of the residence at 1021
Preston Street taken during the time of the search on
July 29th, 2019?
A Yes.
Q And are they true and accurate photographs of
certain items within the house on July 29th of 2019?
A Yes.
MR. WEED: Your Honor, I'd ask that State's
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
183
115
Exhibit 9 through 47 be entered into evidence. And I do
believe some of those exhibits -- 9, 10 and 29 and 31 --
have already been entered in evidence but, nevertheless,
9 through 47.
THE COURT: Any objection, Mr. Roberts?
MR. ROBERTS: No objection, Your Honor.
THE COURT: Okay. Those exhibits will be admitted.
(State's Exhibit Nos. 9 - 47 received in evidence.)
BY MR. WEED:
Q All right. I'm going to share those photographs.
All right. Investigator Megna, do you see State's
Exhibit 9 on your screen?
A I do.
Q All right. What is that a photograph of?
A That is the front of the residence at 1021 Preston
Street.
Q All right. Now, looking at State's Exhibit 10, what
is that a photograph of?
A That is a view from just inside the front door to
the rest of the home of 1021 Preston Street, inside the house.
Q Inside the house?
A Uh-huh.
Q And I want to direct your attention on this
photograph to the couch right here, if you can see where my
cursor is?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
184
116
A Yes.
Q And I want to go to State's Exhibit -- I'm sorry.
Actually, if I could direct you to this -- to this mirror
right here, is that the same mirror we're looking at in
State's Exhibit 11?
A Yes.
Q All right. And it looks like there's a little
object down here at the bottom left-hand corner. Do you see
that?
A Yes.
Q All right. And now at State's Exhibit 12, is that
that same object right there?
A Yes.
Q So what are we looking at in State's Exhibit 12?
A This is the living room or media room for the home.
It's just inside the front door.
Q All right. And right in the center of the
photograph, where my cursor is, what is that depicting?
A That is a dog bowl.
Q All right. Now, looking at State's Exhibit 13, what
are we looking at in State's Exhibit 13?
A It appears to be a dog -- two dog bowls; one
previously containing food, it looked like, and the other one
with water.
Q All right. And State's Exhibit 14, is that a closer
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
185
117
view of those two dog bowls?
A Yes, it is.
Q Now, State's Exhibit 15, what are we looking at in
State's Exhibit 15?
A It appears to be pots and pans used to cook on the
stove inside the house.
Q All right. Now, I want to go back to State's
Exhibit 10 that we looked at earlier. And is this -- is there
a closet right here where I have the cursor?
A Yes, there is.
Q All right. Now, I want to go to State's Exhibit --
actually, I'm sorry. Is that -- is that that same closet?
A Yes, it is.
Q All right. And then down here on the floor, what
are we looking at?
A I'm not quite certain. I believe that would have
been the fired cartridge case at marker one.
Q All right. Let me go to State's Exhibit 17. Is
that a better view of that photo marker one?
A Yes.
Q All right. And what is at photo marker one?
A That appears to be a fired 7.62 cartridge case.
Q All right. And what's at photo marker two?
A That would be a cell phone and it looks like a
wallet.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
186
118
Q And on the couch, what is that on the couch right
here where my cursor is at?
A That would be -- it's typically provided with a new
door lock, and it's a tool to unlock a door with a knob lock.
Q All right.
A Almost like a key.
Q All right. So, now looking at State's Exhibit 18,
is that just a closer view of the shell casing?
A Yes, it is.
Q And State's Exhibit 19, is that just a closer view
of the cell phone and the wallet?
A Yes, it is.
Q And State's Exhibit 20, is that a closer view of
that metal object that was on the couch?
A Yes.
Q All right. So, now going back to State's Exhibit 10
so we can get our bearings; again, is this where the closet
door is?
A Yes.
Q And the couch that we were just looking at?
A Correct.
Q Okay. Directing your attention to this closet
door -- now I want to look at State's Exhibit 21 -- is this
that same closet door?
A Yes, it is.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
187
119
Q All right. And State's Exhibit 22, is that another
view of that closet?
A Yes, it is.
Q And up at the top shelf of State's Exhibit -- of the
closet depicted in State's Exhibit 22, there's a photo marker
six, what is that there for?
A It is marking the handgun, the Glock 23, found on
the top shelf of that closet.
Q All right. So State's Exhibit 23, is that a closer
view of the Glock handgun?
A Yes, it is.
Q And State's Exhibit 24, is that just a closer view
of the Glock handgun?
A Yes, it is.
Q Again, going back to State's Exhibit 10 to get our
bearings, I want to direct your attention to this -- I don't
know -- a table with some clothes on it. And now looking at
State's Exhibit 25, is that that same table or credenza with
clothes on it?
A Yes. In my report I referred to it as a credenza.
Q Credenza? Okay. And is there anything on top of
the credenza that you noticed?
A Yes. It's an AK variant rifle.
Q All right. So looking at State's Exhibit 26, what
are we looking at in State's Exhibit 26?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
188
120
A That is the AK variant rifle.
Q All right. Now, going back to State's Exhibit 25
that we're looking at -- and I want to direct your attention
back here to the top -- is this the entrance to a small
hallway where there's some rooms?
A Yes, that's the hallway I -- I referred to as the
southern section of the home. There is a bedroom to the left
and a bedroom to the right with a bathroom in the middle.
Q All right. And depicted in this photograph on the
floor where my -- I have the cursor, what is that right there
on the floor?
A That is a butter knife.
Q Butter knife, okay.
A A metal butter knife.
Q All right. Now, moving on to State's Exhibit 27,
photo marker seven that's depicted in State's Exhibit 27, is
that where the butter knife was before it was recovered?
A Yes.
Q Now, moving on to State's Exhibit 28, what are we
looking at in State's Exhibit 28?
A This is a second butter knife and a screwdriver.
Just inside of the door is -- there's large amounts of blood.
Q All right. Now, State's Exhibit 29, what are we
looking at?
A There are what looks like pry marks on the door
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
189
121
right by the -- where the locking mechanism would engage the
door frame. There is blood on the floor, blood on the walls,
bloody blankets in the background, and there -- I only see one
hole in the wall.
Q Right there?
A Yes.
Q All right. State's Exhibit 30, what are we looking
at?
A That is blood spatter on a mattress.
Q Is this that same room that we were -- that we were
just looking at from the entranceway in State's Exhibit 29?
A Yes.
Q All right. In State's Exhibit 31, what are we
looking at?
A That would be the cell phone belonging to
Ms. Perkins and bloody -- bloody bed sheets, again, as seen
from the doorway.
Q All right. In these doors depicted in State's
Exhibit 31, what do they go to?
A That is a closet within the bedroom.
Q State's Exhibit 32, what are we looking at?
A Those were impact marks from projectiles traveling
through the wall into the closet.
Q All right. So just backing up for a second. So the
closet, the doors to the closet, which is depicted here in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
190
122
State's Exhibit 31, that same closet, that's -- in State's
Exhibit 32 depicting as we're looking into that same closet?
A Yes.
Q Okay. State's Exhibit 33, what are we looking at?
A That is blood transfer on the -- on the interior of
the closet, and you can kind of see the projectile path from
the fired projectile.
Q Right here where my cursor is?
A Yes.
Q That's part of the path?
A Yes.
Q All right. State's Exhibit 34?
A Again, another image of the closet, the same -- that
same closet, further -- looking further into the closet.
Q All right. Now, State's Exhibit 35, what are we
looking at here?
A There was an indentation just to the upper right of
the wall switch that's marked with a ruler, and I believe that
to be an indentation caused from a fist.
Q Now, is this in the same bedroom that we've been
looking at that had the bloody sheets and everything in it?
A Yes.
Q State's Exhibit 36, is this just a closer view of
that indentation in the wall?
A Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
191
123
Q All right. Now, State's Exhibit 37, what are we
looking at in State's Exhibit 37?
A Those are two projectile impact marks, one just
above the door latching mechanism and one just below the door
latching mechanism.
Q All right. Now, is this the door to the bedroom
with all the suspected blood in there and the bloody sheets?
A Yes.
Q Is this standing outside the bedroom as the bedroom
door is closed?
A Correct, yes.
Q All right. And where I have my cursor, are those
the two holes in the door?
A Yes.
Q All right. And I want to go -- just a closer view,
but is this a closer view of the two holes consistent with
being made from a firearm on that bedroom door from the
outside?
A Yes.
Q All right. Now, I want to look at State's
Exhibit 39. What is that a photograph of?
A That is the -- again, it's looking at the open door
from the hallway, but it's the interior portion of the door as
it stands open.
Q Inside where I'm pointing the cursor, that's going
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
192
124
inside the bedroom with the suspected blood?
A Yes.
Q This is the door open, so I'm looking at the
interior of the door?
A Correct.
Q What's State's Exhibit 40?
A A closer view of the same door.
Q All right. Now, what is State's Exhibit 41? What
are we looking at here?
A Those are the two impact markings on the wall just
beyond the door to the same bedroom.
Q Okay. And this wall, on the other side of the wall,
is that the interior of the closet?
A Yes.
Q And this is the entrance to the same bedroom?
A Correct.
Q Now, were all the items inside the closet removed to
get a view of the damage done inside of the closet?
A Yes.
Q What are we looking at in State's Exhibit 42?
A Closer, a closer view of the impact marks on the
same outside portion of the wall leading into the closet.
Q And State's Exhibit 43, what are we looking at?
A That is -- I guess it's a trajectory rod that was
placed through the wall of the closet to show the approximate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
193
125
trajectory of the round.
Q And State's Exhibit 44, is that that same trajectory
rod?
A Yes. To show the alignment, to show the alignment
with the holes in the door.
Q And State's Exhibit 45, what are we looking at in
State's Exhibit 45?
A That is essentially just a closer look, without the
property inside the closet, of the impact mark from -- it
looks to be one of the rounds that passed through the closet.
Q What are we looking at in State's Exhibit 46?
A That is the image taken along with the trajectory
rod that was placed through the -- through the closet.
Q And State's Exhibit 47, what are we looking at?
A That is the impact mark we believe to be from the
other round that was fired, and it hits the back of the closet
wall.
Q Was the sheetrock or the covering from the wall
removed so that a piece of the projectile could be recovered
from this wall?
A No. We attempted another means of recovering it,
but we were not able to recover that round.
Q Okay. All right. Actually, let me ask you: Did
you come into contact with the Defendant, Justin Haynes, on
July 29th --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
194
126
A I did.
Q -- 2019? Okay. Did you notice any injuries that he
had?
A I did.
Q And what injuries did he have?
A He appeared to have, I believe, a swelling to his
right hand, in the middle knuckle associated with his right
hand. And then he had what appeared to be a bite mark, I
suspected from a dog, to the outside left thigh.
Q All right. Have you reviewed State's Exhibit 48 and
49 before today's hearing?
A Yes.
Q And is State's Exhibit 48 a true and accurate
photograph of the Defendant, Justin Haynes?
A It's not displayed, but I believe -- I believe it
is.
Q And is State's Exhibit 49 a true and accurate
photograph of the apparent dog bite injury?
A Yes.
Q All right.
MR. WEED: Your Honor, I'd ask that State's
Exhibit 48 and 49 be entered and published.
THE COURT: Any objection? Mr. Roberts?
MR. ROBERTS: No objection, Your Honor.
THE COURT: Okay, 48 and 49 will be admitted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
195
127
(State's Exhibit Nos. 48 - 49 received in evidence.)
BY MR. WEED:
Q Is state's Exhibit 48 a photograph of the Defendant,
Justin Haynes?
A Yes, it is.
Q And is State's Exhibit 49 a photograph of the
apparent bite injury the Defendant had to his leg?
A Yes.
Q Now, did you interview the Defendant on the night of
July 29th, 2019?
A I did.
Q And where did you interview him at?
A At the Tallahassee Police Department.
Q And who was present for this interview?
A I was present and Investigator Kelli Isaacs was
present, along with Justin Haynes and his mother, Ms. Barbara
Hobbs.
Q Now, before conducting the interview and asking him
any questions, did you read him his Miranda rights?
A I did.
Q After having read his rights did he agree to talk to
you?
A Yes, he did.
Q All right. Was the interview video and audio
recorded?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
196
128
A It was.
Q All right. And have you had an opportunity to,
before today, to view State's Exhibit N, excuse me, the audio
and video recording of the Defendant's interview?
A Yes.
Q Is it a true and accurate recording of the video
recording and audio recording of your interview with the
Defendant?
A Yes, it is.
MR. WEED: Your Honor, I'd ask that State's Exhibit
N, which I have on -- can you see it on the screen,
Officer Megna?
THE WITNESS: I can't see it. It's blanked out.
MR. WEED: Oh. I'll try this again. Do you see it
on the screen?
THE WITNESS: That's it.
MR. WEED: Your Honor, I ask that State's Exhibit N
be entered into evidence and published.
THE COURT: M like Mary?
MR. WEED: N as in November.
THE COURT: November, N. Any objection to N?
MR. ROBERTS: No objection, Your Honor.
THE COURT: Okay. N, like Nancy, will be admitted.
(State's Exhibit No. N received in evidence.)
MR. WEED: And I think I got the sound fixed, but
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
197
129
let me play just a few seconds. And, Your Honor, if you
would, just let me know if you can hear the sound.
(State's Exhibit N, a video recording, was published in
open court and not transcribed for this proceeding.)
MR. WEED: I'm sorry.
THE COURT: Yes.
MR. WEED: Okay.
(Recording stopped.)
THE COURT: You're muted, Mr. Weed. You're muted,
Mr. Weed.
MR. WEED: There we go. There we go. Can you hear
me now?
THE COURT: Yes, sir.
MR. WEED: All right. I was just saying I was going
to stop the recording there.
BY MR. WEED:
Q Officer Megna, before your interview with the
Defendant, had you listened to the 911 call that the victim,
Jasmine Perkins, placed in this case?
A No.
Q And during the interview, the Defendant said that
there were -- that you would see claw marks on the door. Did
you see claw marks on the door --
A No.
Q -- from where the dog tried to get through the door?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
198
130
A No.
Q Okay. Thank you.
MR. WEED: I don't have any more questions.
THE COURT: Cross-exam, Mr. Roberts?
MR. ROBERTS: Yes. Thank you.
CROSS EXAMINATION
BY MR. ROBERTS:
Q Officer Megna -- I should say Investigator Megna,
can you tell me the benefit of your background and training,
please?
A I'm sorry?
Q Your background and training to become an
investigator, what do you need to do? Tell me about it.
A Well, most of it is law enforcement experience, but
I have been through trainings to include homicide, trainings
in homicides, trainings in various facets of investigation.
Q Okay. And how long have you been an investigator?
A Approximately seven years.
Q Seven years. Now, on this particular date we just
watched a videotape, and you had an opportunity to write a
report. I think one of your reports is dated August 23rd, and
you had an interview with Jasmine Perkins August 5th; do you
remember that?
A Yes.
Q Okay. So you had an opportunity to listen to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
199
131
Mr. Haynes and you just saw his video. And dozens of times he
stated that he was in fear, trying to protect his house,
trying to protect his family, the dog became rabid. He made
numerous, countless, a plethora of remarks in that area; is
that correct?
A Yeah, he stated that, yes.
Q And you heard all that; isn't that correct?
A Yes.
Q Okay. And you also heard him tell you multiple
times on the video that the dog had previously mauled somebody
named -- and he gave you a name, Junior Tait; didn't he do
that?
A Yes.
Q Okay. And you're an investigator, right? And you
know that as part of the investigation -- he even said there
might be a police report about that. Do you remember him
saying that?
A Yes.
Q But you never went and looked up a police report for
Junior Tait; isn't that correct?
A That's documented in my report that, yes, I did --
Q I understand that. But this was on 7/29, leading up
to Jasmine -- because I remember presenting you that
information; but you never went and talked to Junior Tait
about his incident with Jasmine Perkins; isn't that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
200
132
A Yes, I read the police report.
Q I understand that. You didn't ever follow up with
Junior Tait; isn't that correct?
A I never interviewed him after he was already
interviewed by law enforcement, no, I didn't do that.
Q Maybe I'm not speaking correctly. In reference to
this case, you heard Justin Haynes talk about Junior Tait.
There was an incident that happened in April of 2015 with the
same dog, Sampson, that he told you about how the dog acts
crazy or becomes a different animal, so to speak, when he's
around Jasmine Perkins.
And he told you the reason he believed that, because
her previous fiance or boyfriend was mauled by this particular
dog. Do you remember that information, sir?
A Yes. He spoke of it in his interview, yes.
Q Okay. And my question to you is: What did you do
to verify whether or not that information was correct?
Because we're dealing with the operation of Justin Haynes'
mind, not your mind, not my mind; just like a reasonable
officer, we're dealing with the operation of Justin Haynes'
mind. Can we agree on that?
A Yes.
Q Okay. But what did you do as an investigator to see
whether or not his fear, his apprehension was reasonable as
far as following up with investigation concerning Junior Tait?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
201
133
A I researched the documentation from that incident.
Q Okay. All right. I believe that that was provided
to you. But I'm asking you: Did you ever follow up with
Junior Tait to confirm that information?
A No.
Q And, also, you also made a conclusion that Junior
Tait didn't have serious injuries; isn't that correct?
A Yes, based on what I read in that report.
Q Okay. So -- so having surgery as a result of a dog
bite you would consider not serious?
A It stated he had minor injuries in the report and
didn't require medical attention.
Q Did you -- did you happen to read the report?
A I did.
Q I think I provided it to you. And it -- and it did
say he had to be hospitalized and things of that nature; isn't
that correct?
A In the police officers' report?
Q Yes.
A It stated he had minor injuries.
Q Okay. All right. Now, but what I'm asking you --
and -- and that report, did you ever go pull the case file to
see if there's any pictures of Junior Tait as well?
A I did not see any pictures, no.
Q Did you try and pull any pictures, Officer Megna?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
202
134
A No.
Q Okay. And, also, in your talk with Justin Haynes --
and you talked to Jasmine Perkins immediately after; isn't
that correct?
A Yes.
Q And when you talked to Jasmine Perkins, just going
to the night of the incident, you asked her about Junior Tait;
isn't that correct?
A Yes.
Q And you -- and before you asked her any of that
information, you read her what you call a perjury warning;
isn't that correct?
A Yes.
Q And -- and even -- and you read her the perjury
warning, you told her about that report that involved her, and
isn't it true she denied any knowledge of that incident?
A Yeah. And this wasn't the night of the incident.
This was in a later interview.
Q I understand that; but, yeah, I believe --
A You misspoke. You said it was that night.
Q No, no. Through the course of this investigation
you presented her with that information, because I presented
you with that information at our hearing; do you remember
that?
A Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
203
135
Q Okay. And isn't it correct there is a Florida
statute, pull it up, 767.136(1), that involves a dangerous dog
or a dangerous animal -- I'm sorry, a dangerous dog with the
propensity to attack where the owner has knowledge of it? I'm
showing it to you. Could you look at that? Do you see that
statute right there --
A Yeah.
Q -- Officer Megna?
A Yeah, I can see it.
Q Okay. And what is that -- what is that statute? Is
it a criminal -- could you just read it to yourself and tell
me whether or not that's a criminal act?
A It appears to be, because there's --
Q Okay. Now, you have knowledge that Junior Tait was
attacked -- would please keep that up?
And did you ever look to see whether or not Jasmine
Perkins was in violation of this statute?
A No, because I didn't believe she was in violation of
the statute.
Q Okay. Now, you have knowledge that Mr. Haynes is
telling you that he was attacked by this dog who was
dangerous; is that correct? Officer Megna?
A Mr. Haynes even said when the dog is threatened by
any actions, that's when the dog becomes vicious in nature.
He described it as the dog coming to the defense of its owner.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
204
136
Q Okay. No, no, no, no. You're not listening to me.
Listen to me carefully.
A Okay.
Q All right. This statute puts an owner on notice
that if they are aware that if their dog attacks someone, that
owner has to take proactive measures to make sure that dog is
not in a position to attack someone again. Isn't that
correct? Read the statute.
A In Mr. Haynes' testimony --
Q No, no --
A -- he said she was trying to hold the dog back.
Q No, no, no. I'm asking you about the statute. Sir?
A Okay.
Q Did you -- I'm asking, did you ever read this
statute in reference to your investigation?
A No.
Q Okay. But this statute will put an affirmative duty
on Jasmine Perkins; isn't that correct? Sir?
A In the circumstances of this case, no, it wouldn't.
Q No, no, no. I'm asking you with this statute,
knowing that it exists, you never questioned her about any
previous attacks under this statute where she could have been
charged with a crime involving Junior Tait; isn't that
correct?
A You just told me I asked her about the previous
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
205
137
attack.
Q All right. Yeah, all right. That's fine.
But, in any event, Junior Tait, from your knowledge
and reading the police report, was attacked by Sampson, the
same dog in question in this case; isn't that correct?
A Yes.
Q Okay. And Jasmine Perkins, after being put under
oath and told about the perjury warnings, she denied that to
you in person; isn't that correct?
A I believe so, yes.
Q Okay. And when you issue someone a perjury warning,
just like when you testified today, that you could actually
charge them with a crime if you find out they're lying; isn't
that correct?
A Yes. And I will say this, I don't know --
Q No, no, no, no, no. Answer my question please, sir.
A I did answer your question.
Q No. I'm -- no. I'm asking you, you can go and
charge Jasmine Perkins with perjury if you find out through
your investigation that she committed a false, a misleading
and a false statement to you in regards to her dog's prior
behavior; isn't that correct?
A I could.
Q Okay. And in this situation we know that we have a
police report and someone who was bitten by her dog, and she
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
206
138
stated it did not happen; isn't that correct?
A I -- that's what I was about to tell you before you
interrupted you.
Q No, no, no. Yes or no, sir?
A I don't recall if she said I don't remember or that
it didn't happen. That's on the recording, so.
Q Do you want to go to your report? Do you want to
look at your report?
A Sure.
Q In your report, you asked her and she said no and
never. Okay. Look at your report, sir.
And I believe she says never. As a matter of --
yeah. And I believe in your report the word you used was
"never." And you also interviewed her on videotape on 8/5 and
that was confirmed at that time. As a matter of fact, turn to
Page 10 of 12 of your report.
A Ms. Perkins also stated that she did not recall her
dog ever biting Haynes. She said that the dog is protective
of her, but has never bitten anyone.
Q All right. Okay. Then, you said it was -- then you
said you later discovered that Perkins' dog had allegedly bit
a previous boyfriend and you referenced the case.
A Yes.
Q Okay. All right. So we have her saying "never" to
you and you did not do any follow up of that information; is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
207
139
that correct?
A Correct.
Q Okay. Then, you also talked to Ms. Perkins about --
just one moment -- a trespass warning. Do you remember that?
A Yes.
Q Okay. And you indicated to her that she had an
official trespass warning for the property; isn't that
correct?
A Yes.
Q Okay. And then also -- just to go back, I want to
make sure we catch everything. When you started your
interview with her on 8/5, okay -- when you started your
interview with her, the first thing you make -- you state to
her when you're starting the interview with her is, We want to
make a good case for prosecution. Do you remember telling her
that clearly?
A Yeah.
Q Okay. In other words, your position was that a
crime has already been committed, because we want to make a
great case for prosecution, and you never intended to do any
research to corroborate Justin Haynes' story about the dog
being vicious and attacking him; isn't that correct, sir?
Sir, yes or no, please.
A I did do research into his claim. That's why we
collected evidence and looked at injuries and conducted
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
208
140
interviews and basically the whole investigation.
Q Okay.
A You're claiming that I didn't do anything to
corroborate his account. That's false.
Q Okay. Let me ask you this, did Justin Haynes ever
waver from the position that he was defending himself or his
son? Did he ever waver from that position?
A That's what he claimed, yes.
Q Okay. He has never -- in other words, he's never
wavered from this position. Okay. So, we know that under
oath Justin Haynes never wavered from that position, but we
also know under oath that you got misleading statements from
Jasmine Perkins; isn't that correct, sir?
A I mean, she claimed that the dog had never bitten
anybody else.
Q But you have evidence that says otherwise; isn't
that correct, sir?
A Yes.
Q And you're dealing with the issue of credibility,
because you put in the summary in your report that you didn't
believe that Justin Haynes was credible and you believed
Jasmine Perkins was credible; isn't that correct, sir?
A I still don't believe Justin Haynes is credible.
Q I understand that. That's why I'm asking you.
So the person that we have established as giving you
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
209
141
misleading and false statements, you're saying they're more
credible than the person that has given you consistent
statements that you just watched? You just watched the entire
video.
A I believe Jasmine Perkins, yes.
Q Okay. And so you believe her when she says that
she -- her dog has never bitten anyone?
A Well, I know that's not true, but I believed
everything else she had told me.
Q All right. Now, let's just keep going.
Now, also, you claim you did an investigation and
isn't it true that based on your statement from your report --
your report, that Jasmine Perkins is claiming that she is
standing, holding the door with both hands; isn't that
correct?
A Yes.
Q Okay. And she's also -- and she stated when the
shots were fired, her dog was nowhere near her when the shots
were fired. He was in a different location. Isn't that
correct?
A Yes.
Q Okay. And did you -- and when she's saying --
because you actually went up and you did a diagram on the
board when you talked to her, and you have her standing
directly facing the door; isn't that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
210
142
A Yes.
Q Okay. Now, in your report you actually lay out how
she was shot. Okay. Let me just go through here. On Page 6
of 12 of your report -- and you read your report coming in for
today -- coming in preparation of today's testimony; right?
A Yes.
Q It says right before the injury to suspect, you
said -- you said that -- let me just make sure I've got it
right.
A I can tell you what it says, if you'd like.
Q No, I got it. I'm going to get -- I want to get it
right for you. Hold up. And you talk about -- the last
paragraph right before the injuries to the suspect, and you
talked about the trajectory of -- of how the bullet passed.
And could you tell me based on your statements -- and just for
ease of expediency, you said the bullet passed through
Perkins' left hand, into her left leg, into her right leg and
struck the -- then wall -- and then went into the wall to the
closet door behind her. Isn't that correct?
A Yes.
Q All right. Now, let's just look at it from just
basic physics. If I'm standing straight facing the door and
Mr. Haynes is shooting straight ahead, how is it possible that
the bullet can go into her left hand, left leg and right leg,
if I'm facing the door directly?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
211
143
A That's semantics.
Q That's not semantics --
A Yes, it is.
Q It's called the laws of physics, sir.
A Facing the door, her face towards the door. She is
holding the door shut. I believe the bullet passed through
her hand and passed through both legs --
Q What I'm asking you, sir, you are an intelligent --
A -- and the dog.
Q -- well, I'm -- you're an intelligent investigator.
I'm asking you, how is it possible if you're facing forward
for the bullet to go through you sideways?
A The bullet passed through those parts of her body.
That's undeniable.
Q I understand that. But based on how she's telling
you she's standing, that doesn't make engineering, forensic,
or common sense that it could be -- it could pass through her
sideways when she's facing forward. Did you ever look at
that?
A Yeah, that's why I speculated as to how the injuries
had occurred for him shooting through the door.
Q Okay.
A And -- and if -- if she is facing the door, like
you're saying, then she is shot twice, not just once --
Q Oh, okay.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
212
144
A -- with multiple passes, so.
Q Okay. So, I want to go to your statement. Now,
just to help us understand it better, would the medical
records for Ms. Perkins indicating how the injury -- injury
happened, would that be a good indication of where and how she
was shot, the medical records?
A It may be.
Q Okay. And you never looked at the medical records;
isn't that true?
A I saw the injuries.
Q I didn't say that, sir. I'm asking you, did you
ever look at the medical records in this case?
A No.
Q Okay. And you never thought as an investigator that
it would be good to look at the medical records in this case?
A I didn't feel I needed to, no.
Q Okay. So you just -- so now we watched the entire
video with Mr. Haynes. Again, he's stating multiple times --
like I said, numerous, numerous, numerous times that he's
trying to defend himself. And you call into question whether
or not he can defend himself. Do you see that on the video?
Sir?
A I call into question whether or not he can?
Q Yeah. You called into question of whether or not he
should have left his house, do everything; is that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
213
145
A No. I was simply asking if he understood there were
other options.
Q I understand that. But you called -- you said that
a person -- you went into his mind and you said, well, you
could have did this, but you went into Mr. Haynes' mind; isn't
that correct --
A Well --
Q -- as to what --
A I said that, you know, if I was truly -- truly
afraid of a dog, I wouldn't open a barrier between me and the
dog.
Q And he didn't because he kept the door closed so he
would keep the barrier there --
A Right.
Q -- isn't that correct, before the shots were fired?
A I don't know why -- why he fired shots at the door
other than to shoot --
Q Sir, please try to answer my questions.
A Okay.
Q Please try to answer my questions. It's not --
All right. Now, again, you are the investigator.
You are the person that's charged with bringing forth
information as far as to help with the prosecution and myself
understanding what happened. Did you read all of the reports
from all of the officers that were present in the case? Did
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
214
146
you read all of the reports?
A I believe so.
Q Okay. And when -- you read Officer Northway's
report?
A I don't recall what her report says.
Q Okay. Let me ask you this. What report did you
read? Whose reports did you read?
A I did read through all of the reports, but it was a
long time ago.
Q Okay. Let's -- I'm taking the position that you
read the reports, because reading the reports as the
investigator who was not on scene -- you didn't come
immediately on scene; isn't that correct?
A Correct.
Q And your job as the investigator is to gather all of
the information from all of the other officers to see whether
or not it could be a crime, or is not a crime, what to charge,
what not to charge; isn't that correct? That's your job?
A Yes.
Q Okay. So -- and one of the jobs you would do in
order to get to that information would be to review all of the
information, the body cam, the 911 tape, all of this
information to make sure you understand clearly what
Mr. Haynes did that night as juxtaposed to what Ms. Jasmine
Perkins is telling you; isn't that correct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
215
147
A Yes.
Q Okay. Now, just being that, what it says, Officer
Northway, did you read in her report where she said:
Mr. Haynes continuously and spontaneously declared he'd been
trying to protect his son. Do you read that in her report?
A Yeah, I do understand that.
Q Okay. But that wasn't in your initial report when
you filed charges against Mr. Haynes. You didn't put that in
your probable cause to go to the Judge, did you? No, you
didn't.
A Okay.
Q Okay. And Officer Bullock, in his report he said he
was trying to protect himself and his son. Did you put -- did
you read that in the report?
A I mean, he told me he was trying to protect his son.
Q Exactly. So Officer Bullock stated that. Okay.
Officer White --
A Justin Haynes stated that.
Q Okay. Officer White who rode in the ambulance with
Jasmine Perkins, he said he specifically asked her about her
dog biting anybody else and he says on body cam, and she said
no. Do you read that report?
A I don't recall if I did. I probably did, but I
don't recall what it says.
Q Okay. And Officer Angelo, Mr. Haynes says,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
216
148
Mr. Angelo, I did not mean to shoot her. He said that on the
body cam. Did you read that report?
A Well, he maintained that throughout his interview.
Q No, no. I'm talking about, did you read it from the
other officers?
A I didn't feel I needed to, because he told me that
himself.
Q I understand that. Did you read it from the other
officers as well?
A I don't recall if I did or didn't read that.
Q Okay. In other words, you have reports from one,
two, three, four, five and more officers of Mr. Haynes
consistently telling you, consistently telling you -- as a
matter of fact, just on Officer Britt body cam that was played
today he mentioned seven times, I didn't mean to shoot her, 11
times he was trying to protect himself and his son, and 13
times he said, the dog bit me, a total of 31 times.
Now, did you ever include any of that in any of the
police summaries that you prepared to make sure that there's a
fair and accurate depiction of what happened that day? Did
you put any of that in any reports that you did?
A Well, I didn't think it was an accurate depiction of
what happened that day.
Q No, I'm asking you --
A I could tell you -- I could tell you a million times
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
217
149
that I'm a strawberry popsicle, but that's not true.
Q No, no, no, no. Now, let's go back.
A Okay.
Q The dog is shot. We know that. Do we agree on
that?
A Yes.
Q Okay. Justin Haynes says he shot at the dog to
protect himself. Is that -- can we agree that he said that?
A Yes.
Q Can we agree that he said that probably over 50
times in some form or fashion? We just watched the video. I
just gave you 31 --
A He said it a lot of -- he said it a lot of times.
Q Okay. So, him saying that a lot of times, you still
take the position that it didn't happen that way?
A Yes.
Q Okay. Now, you understand what stand your ground
means; is that correct?
A Yes, I do.
Q And you understand the Castle Doctrine; is that
correct?
A I do.
Q And you understand that under the Castle Doctrine
and under stand your ground, if you're in your home where
you're supposed to be, you do not have to retreat; is that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
218
150
correct?
MR. WEED: Your Honor, I'm going to object at this
point to asking this witness about legal questions.
That's not for this witness to answer.
THE COURT: Okay. Response?
MR. ROBERTS: Yes, Your Honor. He, on his direct
testimony, went into the mind of Justin Haynes and why he
should not have done what he did. So he opened that up
for me to ask him about that, those -- that particular
state of mind.
THE COURT: Go ahead. You can ask the question.
Overruled.
MR. ROBERTS: Thank you.
BY MR. ROBERTS:
Q Officer Megna, you heard my question.
A Repeat it, please.
Q Yeah. You understand the Castle Doctrine?
A Yes.
Q You understand stand your ground?
A Yes.
Q And under both doctrines, you do not have to
retreat. Do you understand that?
A Yes, I do.
Q Okay. And do you understand when Justin Haynes is
in his house doing what it is that he told you he was doing,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
219
151
he did not have to retreat?
A Correct.
Q Especially if he was legally where he's supposed to
be; is that correct?
A That's correct.
Q And if Jasmine Perkins has a trespass warning, she
is not legally where she's supposed to be; is that correct?
A Well, unless she's invited --
Q Sir, is that correct?
A Unless she is invited back by Mr. Haynes.
Q Okay. If on the video, Mr. Haynes is telling you
that he's told her to leave, if he's telling her to leave, she
is not welcome in that house; is that correct?
A He had also told me --
Q No, no, no, no. Sir?
A -- that he had invited her over.
Q Okay. Okay. He invited her over for a particular
purpose, to get her dog. Is that -- we just watched the
video. He did not retreat from that statement. He invited
her over to get her dog; is that correct?
A Well, she had also stated that she was there cooking
them dinner, and there was evidence of that at the scene.
Q Sir, I'm asking you a question.
A He stated that, yes, she was invited over to get her
dog.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
220
152
Q Okay. All right. And if she overstays her welcome,
she's also a trespasser; is that correct?
A Yes, it's his home --
Q Okay. And, to your knowledge --
A He is allowed to remove people from his home.
Q That's -- yes. Okay.
And, to your knowledge, she had an active trespass
warning at that time; isn't this correct?
A Yes.
Q Okay. Now, just to go back on a couple of things,
when you were talking to her in the beginning to search her
phone, she mentioned that she had a civil lawyer. Do you
remember that, that she wanted to talk to her personal lawyer
about that? Do you remember that?
A I believe so, yes.
Q Okay. And she wanted to talk about -- and so with
her having a civil lawyer, that would indicate that she was
brining some type of civil action. Do you remember that?
A I don't know if she was or if she wasn't.
Q But she wanted her personal civil lawyer to look at
the case, do you remember that, in the beginning with the cell
phone?
A I believe she'd mentioned having an attorney, yes.
Q And -- and when we're talking about something that's
civil like in a case like this, it would be an issue of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
221
153
negligence, as opposed to criminal where it's a purposeful
act; is that correct?
A I don't know. I don't delve in the civil realm.
Q All right, let's just go back. On numerous
occasions in that video you told Mr. Haynes -- and we just
watched it -- where you said you do not believe you intended
to shoot Jasmine Perkins. You said that numerous times; isn't
that correct?
A Yeah.
Q And in order to be criminally responsible for an
act, you have to mean to commit the act; is that correct?
A Yes.
Q Okay. Just to clarify everything on -- because you
went in and Mr. Haynes said numerous times to you that he
wished things could have unfolded differently and he could
have acted differently; isn't that correct?
A Yes.
Q Okay. And -- but, again, the idea of his actions
and whether or not it's justifiable under stand your ground or
using self-defense or under the Castle Doctrine is an
operation of Justin Haynes' mind, not Officer Megna, not
anybody else in the courtroom, but Justin Haynes' mind. Isn't
that correct?
A That, and corroborative evidence, yes.
Q No, that's not what I said. I said, the operation,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
222
154
just like a reasonable officer -- now, you understand that, as
a reasonable officer it's not every police officer -- that
particular police officer, just like in Mr. Haynes' case, it's
just him, his mind and what he perceived. Like he said, to
neutralize the threat, we go to his mindset and his mindset
only. Isn't that correct?
A Yes. Along with --
Q Thank you.
A -- evidence to support it, yes.
Q And saying -- and saying that he was trying to
defend himself and his son over maybe 50 to 70 times is not
enough for you --
A No.
Q -- that's what you're telling me?
Okay. Mr. Akbar, did we miss anything?
MR. AKBAR: No, I think you covered it all.
THE COURT: Anything further, Mr. Roberts?
(Discussion held off the record.)
MR. ROBERTS: Thank you, Your Honor. Witness for
the Court.
THE COURT: Okay. Redirect, Mr. Weed?
REDIRECT EXAMINATION
BY MR. WEED:
Q Officer Megna, was there any evidence that you found
in this case that was inconsistent with the defendant's story
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
223
155
that he gave you?
A Yes.
Q And what evidence would that be?
A The placement of the rounds, the location of where
Ms. Perkins would have had to have been standing when she was
shot, along with multiple other things to include, you know,
cell phone evidence to show that he has been with the dog.
And he also stated that it has never bit him before, stated
that he had known that the dog attacks when its owner is being
threatened.
Do I need to elaborate further?
Q No. And let me ask you about the 911 call in this
case. Did that match the defendant's description of what
happened?
A No, it did not.
Q And -- and how is that?
A Ms. Perkins was calling 911. She can be heard even
asking for her mother, and the call abruptly ended after
Justin Haynes' voice grew louder, assuming he was approaching
Ms. Perkins and the phone abruptly ended the call.
Q What about when the officers arrived there and
responded initially to the home, did you review those body cam
videos?
A I did.
Q And did you note, in viewing the body cam videos,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
224
156
that it took two minutes and 30 seconds of banging on the door
for the defendant to answer the door?
A It was two minutes and 29 seconds of them actually
banging on the door. And they had been there approximately a
minute before that, walking around the house with flashlights
along with arriving lights and sirens.
Q All right. And let's see -- the gun, the pistol,
the handgun that the defendant was talking about being in the
closet, when you searched the home, was the handgun in the
closet he described?
A No, it was not. It was in a hallway closet he would
have had access to during this whole incident.
Q Now, at one point during the interview, didn't the
defendant say that he thought that Ms. Perkins had moved to
Atlanta?
A Yes.
Q Then, later on in the same interview, didn't he say
that he had sex with her the prior night?
A Yes. And that she had had an apartment in
Tallahassee.
Q And during the interview, I notice that the
defendant's mother was there, and she seemed confused and
asked him: Wait a minute, I don't understand. Was the door
locked or not?
Do you recall that?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
225
157
A Yes.
Q And did the defendant ever give a clear explanation?
Was the door locked or not?
A No, he did not give a clear explanation.
Q All right. And is it for these reasons, among
others, that you didn't find the defendant credible?
A That is correct.
Q Was there anything that Ms. Perkins told you about
that incident on July 29th, 2019, that you found inconsistent
with any evidence that you discovered?
A Ms. Perkins' statement aligned with evidence we
discovered.
MR. WEED: Thank you. No more questions.
THE COURT: Any follow-up to that, Mr. Roberts?
MR. ROBERTS: Yes, briefly.
RECROSS EXAMINATION
BY MR. ROBERTS:
Q Officer Megna, you said you listened to the 911
call?
A Yes.
Q Okay. And as an investigator, in the 911 call
Ms. Perkins never said that Justin Haynes tried to kill her;
is that correct?
A That's correct.
Q And she -- matter of fact, she was asked whether or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
226
158
not Justin Haynes shot her and she didn't answer; is that
correct?
A That's correct.
Q And, also, too, a couple of times she could be
heard, at least two times, calling Justin, Justin, like she's
calling him for help; isn't that correct?
A I don't know what her state of mind was, but she
was --
Q No, no, no, not -- now, stop. I just asked you a
question.
A It's okay.
Q She called Justin --
A I'm just trying to answer it accurately.
Q No, no, no. You can answer it accurately by yes or
no.
A She called his name.
Q Yes -- no, no. Let me ask the question again. She
called Justin's name. She didn't call -- it wasn't a
malicious calling, or, you tried to hurt me, or such and such.
She just called Justin, Justin. Isn't that correct?
A I heard Ms. Perkins called Justin's name.
Q Okay. And so there's nothing, so -- and isn't it
true that in a 911 call there's usually -- you get a lot of
evidence from 911 calls, isn't that correct, because people
describe --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
227
159
A Sometimes.
Q Okay. Well, let's just talk about the times when
it's sometimes. And isn't it true that in 911 calls, people
would say, Hey, I got robbed, or Frank hit me, or John hit me,
or somebody shot me? They would tell you in the 911 call what
happened to them as it relates to a crime; isn't that true,
sir?
A You're asking me to speculate on what someone would
do --
Q No, no. I'm talking about 911 calls -- no, I'm
talking about 911 calls you have heard. Isn't it true that on
911 calls you have heard, you've heard people explain through
the 911 dispatch operator what was happening to them
criminally; isn't that true?
A I have heard people say who injured them in 911
calls, yes.
Q And you did not hear that in this case; is that
correct?
A That's correct.
Q And it was not in any of the CAD notes that Justin
Haynes was trying to kill or injure Jasmine Perkins; isn't
that correct?
A That's correct.
MR. ROBERTS: Okay. Thank you, Your Honor.
THE COURT: Okay. Anything further, Mr. Weed, for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
228
160
this witness?
MR. WEED: No, Your Honor.
THE COURT: Okay. May he be excused?
MR. WEED: He may.
THE COURT: You're free to go.
Any objection, Mr. Roberts?
MR. ROBERTS: No, Your Honor.
THE COURT: You're free to go. Thank you, sir.
THE WITNESS: Thank you all.
THE COURT: All right. Who will be your next
witness, Mr. Weed?
MR. WEED: No one -- no more witnesses, Your Honor.
The State rests.
THE COURT: The State rests.
And who do you plan to present, Mr. Roberts?
MR. ROBERTS: I have some witnesses to call, Your
Honor, but at this particular time I could actually
ask -- I can ask the Court to -- based on the testimony
presented, that the State has not met their burden by
clear and convincing evidence to show that Justin Haynes
is not immune from criminal prosecution.
Your Honor listened to the tape and listened to the
911 call, listened to everything. And we can all agree
that Justin Haynes said on dozens of times, and I use
that word in the plural, that he was trying to protect
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
229
161
himself, he was trying to protect his son and he was not
trying to injure Jasmine Perkins.
Sometimes the best evidence in any case is when the
issue is fresh in your mind, like you're calling 911,
like you are telling a doctor or you're giving
information and she's still in the excited state in
which -- that she does have an opportunity to recollect
or mislead. All of those, all of that information, she
did not say Justin Haynes ever tried to harm her and
injure her in a criminal fashion at all. She'd never
said that in the 911 tape, through her ambulance ride
with Josh White, she never said that. And Justin Haynes
has clearly stated over and over again -- you watched the
tape with him. He was very straightforward. He wasn't
trying to mislead.
But we also know that there's strong evidence
that -- where her dog acted in a malicious manner
previously and mauled someone and Justin Haynes had that
information. And that information allowed him to behave
the way he behaved and it's the operation of his mind.
So with all of that being said, I don't think the
State, by clear and convincing evidence, has shown that
Justin Haynes is not immune from criminal prosecution.
And with that, I'll ask that the case be dismissed under
stand your ground.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
230
162
THE COURT: Okay. Response, Mr. Weed?
MR. WEED: And, Your Honor, first, the evidence has
shown the wanton, malicious and depraved mind of the
defendant. I mean, during this argument with
Ms. Perkins, he punched the wall and was obviously acting
violent.
And I think one of the most damning pieces of
evidence against the defendant is the 911 call where you
could hear him in the background saying -- yelling, Open
the door, you know, You're not safe, and he's using curse
words, and he's, you know, yelling continuously, Open the
door.
Clearly, the door is locked. The defendant claimed
in his interview the door was not locked. Clearly, the
door was locked. Not only can you hear the defendant
yelling to come inside of the door, but it was the
evidence of the butter knife and the screwdriver there at
the door. Clearly, just as Ms. Perkins said, she locked
the door because she was concerned about the defendant,
and the defendant was trying to get into the door.
And if you look at the photographs of where the
shots are fired, it's right there at the doorknob. So,
clearly, you know, the defendant was trying to force his
way into a locked door. That is not a justified use of
force. He is trying to force his way into a room.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
231
163
That's what he's doing, and it's clear that that's what
he's doing at the time of the shooting. And he's doing
so maliciously and wantonly.
Now, one thing, though, is if you listen at the
defendant's statement and just listen to what he says and
listen and believe every word that he says, okay, he says
there is a dog that's behind a closed door.
And he says twice in the interview, at the very
beginning and at the very end, he described the events
this way: He says that he retreated from the room after
the dog bit him, came back to the room with the firearm.
He says he opened the door and saw the dog there, closed
the door. Then -- and this is crucial -- then yelled for
Ms. Perkins to do something with the dog. And only after
yelling at Ms. Perkins to do something with the dog,
therefore, you know, reasonably knowing she now was there
beside the dog, he then fires through the door. That is
not reasonable under any circumstance.
So even if we take the defendant at his word in that
interview, he is not entitled to stand your ground,
because he maliciously and willfully put Ms. Perkins,
according to him -- according to him, he maliciously put
Ms. Perkins in danger by telling her, come do something
with this dog, and then immediately after that, firing
the gun right through the door, knowing that he just
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
232
164
commanded her to come over there and do something with
the dog.
So, for those reasons, this motion should be denied.
THE COURT: Any reply to that, Mr. Roberts?
MR. ROBERTS: Yes. I think Mr. -- I mean Mr. Haynes
explained that when he was talking with Officer Megna
about how that event transpired. And he -- and Megna
kind of was the one who tried to make it seem that way,
that he was trying to tell her to get the dog and giving
her confusing statements. The dog was behind the door
where Mr. -- where Ms. Perkins was not.
When he was dealing with Ms. Perkins, Ms. Perkins
was on the bed. The dog was at the door. Now, how do we
know that the dog was -- was -- he was shooting at the
dog is because he shot the dog. He shot the dog. And
that's how we know he was trying to shoot the dog.
If you look at it, everything is a downward
trajectory. If he's trying to shoot Ms. Perkins, he
would be shooting straight ahead, not in a downward
trajectory. He's trying to neutralize the threat of the
dog. However, Ms. Perkins happened to be there, but he
did not mean for her to be shot.
He was looking to neutralize the threat to him and
his -- and his son. But in no event did he want to or
intend to -- just like Officer Megna said, we don't
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
233
165
believe that you wanted this to happen. We don't believe
that you would shoot somebody. And so Justin Haynes is
trying to protect himself.
This is more of a negligence case. That's why
Ms. Perkins went and got a negligence attorney,
Fonveille, Hinkle -- I mean, Fonveille, Lewis, Messer and
McConnaughhay. That's why she went and got a civil law
firm to file a civil lawsuit, because she believed that
this was negligence.
THE COURT: Very well. Without commenting on the
details, the Court does deny the motion.
And who do you plan to call, Mr. Roberts?
MR. ROBERTS: Well, let me -- let me do this, let me
get everybody lined up. I could -- Junior Tait is -- I'm
calling Junior Tait.
THE COURT: Okay.
MR. ROBERTS: And -- but he did have to pick up his
daughter. He's been patiently waiting.
(Discussion held off the record.)
MR. ROBERTS: We're going to check on him. If he
cannot be called, then I will go to Mr. Haynes' mother,
Ms. Hobbs, who was present. So, let me just text her
now. Hold on one moment.
THE COURT: Who else?
MR. ROBERTS: And Dr. Benedict, our engineer, is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
234
166
going to be called, and probably Jared Mabry, but we are
checking now.
THE COURT: Okay. So those three. Any other
witnesses you plan to call?
MR. ROBERTS: Did I list -- I said --
THE COURT: Tait.
MR. ROBERTS: -- Junior Tait, Judge Hobbs, Jared
Mabry and Dr. Benedict. Those are four people.
THE COURT: Jared Mabry.
MR. ROBERTS: M-A-B-R-Y, yes. He spoke with her
that night -- I mean, she spoke with him that night.
THE COURT: We are going to take a recess. Court
will be in recess 10 minutes. We will reconvene at 3:15.
MR. ROBERTS: Thank you, Your Honor.
(Break taken.)
THE COURT: All right. Court will come back to
order.
Mr. Roberts, are you ready to proceed?
MR. ROBERTS: Yes, Your Honor.
THE COURT: Okay. Who will be your first witness?
MR. ROBERTS: Yes. I'm going to call Barbara Hobbs,
the Honorable Barbara Hobbs.
THE COURT: Okay. If you would, please, raise your
right hand to be sworn, please, ma'am.
THE WITNESS: Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
235
167
Whereupon,
BARBARA HOBBS
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you.
You may inquire, Mr. Roberts.
MR. ROBERTS: Thank you so much.
DIRECT EXAMINATION
BY MR. ROBERTS:
Q Could you state your full name and current
occupation, please?
A Okay. My full name is Barbara Hobbs Haynes. My
profession is I'm a licensed lawyer.
Q Are you currently serving on the circuit bench? I'm
sorry?
A Yes, I'm currently serving on the circuit bench, but
my profession is for all -- is I'm a lawyer.
Q Okay, thank you. How do you know Justin Haynes
and -- how do you know Justin Haynes? Who is he?
A Justin Haynes is my oldest son.
Q And how do you know -- and how many kids do you
have, by the way?
A I have two sons, a one younger who is about three
years younger than Justin.
Q Do you know Jasmine Perkins?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
236
168
A Yes, I know Ms. Perkins.
Q Okay. And do you know of the relationship between
Justin Haynes and Jasmine Perkins?
A Yes, they were dating. They were dating.
THE COURT: Just a second. I'm sorry, Mr. Roberts,
but there appears to be a "Junior T" has now entered
the --
MR. ROBERTS: Yes. That's Junior Tait and I did
tell him to -- if he could just go back on standby. He
has been very -- he has been patiently waiting, but we
could put him in the waiting room, and then we'll be with
him in about maybe 10 minutes. Okay.
THE COURT: I will do that.
MR. ROBERTS: Thank you, Mr. Tait.
BY MR. ROBERTS:
Q Okay. And, now, I'm going to take you back to July
of 2019. Could you describe your knowledge of the type of
relationship Justin Haynes and Jasmine Perkins had, 20- --
July 2019, back a little bit? Could you describe the
relationship?
A I mean, all I know is they were dating. I don't
know any specifics of the relationship I guess around the
timeframe of this incident, because I had been -- because of
some things that happened between Jasmine or something she did
at my house, I stopped communicating with her. And then I had
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
237
169
asked Mr. Haynes to stop communicating -- or at least stop her
from coming to my home. So I don't know anything really
specifically about the latter part of June -- July. But
before that, they were dating.
Ms. Perkins came to my home. She had dinner --
Christmas dinner with me. I took her, Justin and everybody to
the movies. I think we went to see Black Panther. She'd
visit my family in Atlanta. We ate dinner. We had Easter
Sunday together. So, it was a dating relationship, and up
until the situation where she came to my home and did some
destruction I -- I mean, I communicated with her.
Q Okay. Now, at some point did you have knowledge
that she had a dog named Sampson?
A Yes.
Q Okay. And could you describe your knowledge of her
dog Sampson?
A What I know about Sampson is Justin had indicated
that Sampson had bitten some previous boyfriend of hers,
mauled him. The boy apparently had some plastic surgery or
something to that extent as a result of the mauling. This
came about because --
MR. WEED: I'm sorry, Your Honor, I'm going to
object --
MR. ROBERTS: No, that's fine.
BY MR. ROBERTS:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
238
170
Q Judge, so you have a prior knowledge of Jasmine
Perkins' dog --
A Yes.
Q -- being involved in incidents where he's bitten
the -- the dog has bitten someone?
A Yes.
Q Okay. And then as a result of that, did you want
the dog to stay at your family residence? And describe that
residence for me. But just ask -- would try to stick within
that context of that question.
A Okay. So my -- it's 1021 Preston Street,
Tallahassee, Florida. It is about two houses down -- what
happened is, is that is when I was young, we grew up in this
house, me and five brothers and my mother and father. And we
lived there until I went away to college.
And then my father ended up, I don't know, maybe
15ish years, 20 years ago, he built another house, like,
two -- like, two or three houses up the street, on the same
street from this house. So this was my family home that I
grew up in and I was raised in.
Q Okay.
A Okay. And I allowed -- I didn't. My daddy allowed
Justin to stay in the house.
Q Okay. Was there any restrictions on whether or not
he could have the dog Sampson, Ms. Perkins' dog, at your
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
239
171
residence?
A Absolutely -- Ms. Perkins wasn't allowed there, so,
no, her dog was not either.
Q Okay. Going up to July 29th, did you discover that
Mr. Haynes, behind your back for the -- just lack of a better
term, had -- was housing Sampson on your property or on the
property of your father?
A Yes. I was going to church the fourth Sunday in
June with my mother. She's now dead, but I was on my way to
church with her. And I -- and, see, I go -- I'm the caregiver
for my parents because my brothers don't live here. So I --
my mother had dementia so I was basically caregiving for her.
I would go pick her up, take her out, do everything for her.
So I would leave my house, which is on the eastern most
fringes of Tallahassee and come over that way because that's
where my church is, my family church. I still go to my family
church. So I picked my mamma up from their house, which is
two houses up. And I've got to go past the old family house
to get to the church.
So as I'm driving, obviously, I look at my old
family house just about any time I pass it, and I see this dog
in the yard. I turned around, with mother in the car, and I
come back and I park and I go to the house and I am livid
about this dog.
Q That was -- that was the day before the 29th? Was
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
240
172
that a Sunday?
A It was the fourth Sunday. We only have church two
Sundays in the month, the second and fourth. So it was the
fourth Sunday of June.
Q Okay. So, what did you do as a result of
discovering that Mr. Haynes was housing the dog behind your
family's back?
A I told Justin he had two choices: He could get rid
of the dog or he could -- I will block that house -- I will
actually lock that house up. And I was very concerned and
scared about that whole situation for a couple of reasons.
Q Why were you afraid for that situation?
A Two reasons. The first reason I was afraid of it is
because of -- the dog scared me to death. He's a pit bull mix
and I thought that the dog could tunnel out of that yard and
get loose and bite somebody, because he's got a prior history,
and we would be responsible for the dog. And the second
reason is because Justin had told me about that dog pushing my
grandson down.
And so I told Justin that I would never forgive him
if that dog bit my grandson. And then I told him if I catch
that dog around my grandson, I would call DCF and I will do
everything I could do to help -- to diminish or get rid of his
visitation because of it. So that was my -- and I just made
it real clear to him, that dog better be gone or you are going
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
241
173
to be gone.
Q That was the day before this incident?
A Yes. My father apparently had already told him the
same thing.
Q Okay. Now -- okay. And so how did you learn about
the dog -- the prior attack? Was it through Justin or through
some other means? How did you learn about the prior attack?
A Justin would talk about it. And then the dog was
out at my house and bit my pit bull in the face and I was
wondering what was going on with that. But Justin told me
about the dog. And then Malcolm would tell me: Dog -- Nana,
dog pushed me down.
Q Okay. And now, let's go back -- so we have that.
And then so with this, the trespass warning, who issued the
trespass warning against Ms. Perkins?
A There were several trespass warnings. There was a
trespass warning against her as it related to me and my
properties and my vehicles, because she had come out to my
house to see Justin for some reason and they were not
together, I guess. I don't know what was going on with it.
But she -- she came out there, and then when I would not allow
her into the house, she got under my security cameras and she
cut all of the tires on my truck.
The sheriff's department investigated it and talked
to her and she admitted she did it. I filed a report. Then,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
242
174
they gave her a trespass warning not to come anywhere near me
or any of the places that I go or my home.
Then --
Q Well --
A Okay.
Q -- did that include the Preston Street address?
A Yes. And I talked to Jasmine before she cut my
tires, because they were tearing up the screens and doing all
kinds of silliness to the house. And I told her and I sent
her a text that I did not want her around the house anymore.
My father, with me, Justin, sitting in the living room, called
her on the phone and told her do not come back to that
residence, because they were tearing out the screens on the
front porch and things of that nature.
Then, somebody cut my tires, which is the truck that
Justin was driving, again over -- parked in 1021 Preston
Street inside of the gates. And law enforcement was called
out and she was given another trespass warning by TPD. The
sheriff had already given her one. TPD gave her another one.
So when -- my daddy had trespassed her, I trespassed her, TPD
trespassed her and the sheriff's department trespassed her.
Q And then when she would -- so she would -- to your
knowledge, did she go to the house in violation of the
trespass warnings and maybe park in a different location or
something like that?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
243
175
A Yes. The neighbors told me that she was parking
four blocks up and walking down to the house so daddy couldn't
see. You know, my father is just as nosy as he want to be,
and so everything that moves, he sees it on that street.
Q And so just going back, just to make sure, I think
we hit everything.
Now, as a result of the incident on the 29th of
July, did you receive a notice from Ms. Perkins' lawyer that
they wanted to sue you or your family as a result of her being
injured on your property?
A Within -- probably within that week, we -- you told
me that Fonvielle Hinkle -- I think Mr. McConnaughhay, had
called about they were considering a lawsuit for negligence
against Justin for the incident at the house. Then, I
received -- and wanted to get a copy of my daddy's insurance
policies.
Then, I went -- you gave me a copy of some letter,
August 7th, that they had sent you demanding a copy of my
father's insurance policy, because they wanted to sue my
family because of negligence -- the negligence they believe --
negligent conduct of Justin at the house.
Q Okay. Hold on for a minute. I'm going to pull the
letter up. And what's the exhibit, Attorney Brown?
Yeah. I'm going to pull it up. It's two letters,
both dated August 29th, and I'm just going to ask you if you
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
244
176
recognize these as the two letters you received. Go down --
A August 7th --
Q Yeah, I'm sorry, August 7th. Do you ask you that?
A Yes.
Q It's to me and --
A It's to you and -- about to --
Q Yeah. And if you go down -- and if you go down, you
will see the letter -- go back up to the top, Attorney Brown.
Go back up -- down a little bit more.
Do you see the first paragraph says: In reference
to serious injuries on July 29th? Do you see that?
A Yes, sir. Uh-huh.
Q Yeah. And then it's a request for insurance
information; is that correct?
A Yes.
Q Okay. And then -- the other letter. Okay.
Then you got another letter. I think it was just a
request, a general request for insurance. Do you see that?
A Yes. Yes.
Q Okay, thank you. I just wanted to make sure.
And so, in other words, it was-- to your knowledge,
Ms. Perkins was trying to sue or initiate some type of civil
action against you and your family for the negligence of
Justin Haynes; is that correct?
A Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
245
177
Q Mr. Akbar --
Is there anything else that I missed about the
situation that you wanted to inform me, Your Honor? Just -- I
think we covered everything.
A No, only that -- this dog and pushing my grandson
down and attacking my -- potentially attacking my dog, that
was what terrified me when I saw that dog.
Q And then, also, on the night when Justin was
interviewed, you was there with him; is that correct?
A I was interviewed there at the police department,
which netted me a Judicial Qualification Commission complaint
and trial.
Q Okay. And you went because you were his -- you are
his mother first, everything else second; is that correct?
A Well, no, I'm going to tell you why I went. When I
went -- okay. My mom -- like I said, my mom was sick and her
and my daddy with down at this house, and they were upset
about wondering what was going on. And I asked law
enforcement -- so they called me over there to the house to
come over there. So I came over there and law enforcement
didn't have any information.
And then they told me my grandson was at the police
department. And I'm like -- what? And so I went down there
to get my grandson, because he apparently was in the house
when all of this happened. And he was -- as I said, he was
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
246
178
telling me, Nana, the dog pushed me down, and going on and on
and on.
And then after I was able to secure my grandson and
have his mother to come pick him up, I asked law enforcement,
could I see my son? I knew Malafronte. He was the commander
that day. And they said, Your son is a grown man -- they knew
me as judge -- Judge, and you're not going to see your son
unless you his lawyer. I said, That's the only way I'm going
to see my son? I need to see if he's okay. They said, that's
the only way. And I says, Well, I'm his lawyer.
Q Okay.
A And it's history about me being pulled into the
Judicial Qualification Commission. I ended up going to trial
about two months ago and haven't gotten a decision.
Q Okay. Anything else?
A I don't think there is anything else to offer.
Q No, that's fine.
MR. ROBERTS: Mr. Akbar, anything else?
MR. AKBAR: No, I think you covered everything.
MR. ROBERTS: Okay. The witness is with the Court,
Your Honor.
THE COURT: All right. Any cross-examination,
Mr. Weed?
CROSS EXAMINATION
BY MR. WEED:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
247
179
Q Ms. Hobbs, Jasmine Perkins has never been criminally
convicted for any damage done to your property or any other
property owned by you; correct?
A Because Justin Haynes begged me not to prosecute
her.
Q Okay. But my question is, she's never been
convicted; has she?
A She has been convicted of nothing, but she's
admitted it to the detective.
Q Okay. But, again my question is, she's never been
convicted; correct?
A Correct.
MR. WEED: All right. Thank you. No more
questions.
THE COURT: Any redirect?
MR. ROBERTS: No, no. Thank you, Your Honor.
THE COURT: Thank you.
THE WITNESS: Have a good day.
MR. ROBERTS: And if we could let in -- thank you,
again.
If we could let in Junior Tait?
THE WITNESS: Can I leave, Judge?
THE COURT: Yes, you can go. Thank you. Have a
good day.
MS. HOBBS: Okay. I guess you have to take me out.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
248
180
THE COURT: No, you can just close --
MR. ROBERTS: There should be a leave button on
the -- I'm sorry -- the lower right of your screen.
There should be a button that says "Leave."
THE WITNESS: I don't -- oh, there it is. It's at
the top. Okay. All right, then.
MR. ROBERTS: I'm sorry.
THE WITNESS: No worries.
THE COURT: Okay, that's fine.
Okay. Next witness.
MR. ROBERTS: We would call Junior Tait.
THE COURT: Junior Tait.
Mr. Tait, if you can hear me, your -- we don't have
video.
MR. TAIT: All right. One second.
THE COURT: There we go. All right. Raise your
right hand to be sworn, please.
Whereupon,
JUNIOR TAIT
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you.
You may inquire, Mr. Roberts.
MR. ROBERTS: Yes, thank you.
DIRECT EXAMINATION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
249
181
BY MR. ROBERTS:
Q Mr. Tait, could you give us your full name and your
current occupation?
A Junior Tait. And I'm currently an accountability
review supervisor.
Q Okay. Do you reside in the city of Tallahassee?
A Yes, I do.
Q Okay. I'm going to bring you back to 2015 of this
year (sic). Have you ever been involved with a young lady
named Jasmine Perkins?
A Yes, I have.
Q Okay. And could you -- when you were involved with
her, did she have a dog named Sampson?
A Yes, she did.
Q Okay. And at some point back in 2015, I think you
were looking for engagement rings. Did you ever have an
opportunity to -- you may have had an argument with her in
which Sampson became engaged in the conversation?
A Yes, in April of 2015.
Q What can you tell me what happened on April, I
believe, was it 26th? Please hold on.
A Yes, sir. The 26th.
Q April 26th. Why don't you tell me what happened,
the events of the day of April 26th, 2015? Why don't you tell
me what happened?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
250
182
A Earlier that day, we had went to look at some
engagement rings at the mall. And throughout the course of us
doing that, got into a disagreement or an argument. I don't
remember exactly what was said, but I know it was some
disagreement about the engagement ring. And then we left and
came back home and that argument continued.
I have an alarm system on my home. And when the
battery goes low, it starts to beep consistently. And so I
was trying to remedy and stop the beeping. And then we
started to argue over the alarm system and that argument
continued.
The alarm system is downstairs. The argument
continued upstairs into the bedroom where Sampson was at the
time. And I wasn't aware that he was in there when I had went
in there and so we continued to argue, shouting back and
forth, and Sampson got a little aggressive towards me. He
has, in the past, if we get into an argument, which we -- in
that relationship at the time we argued frequently over petty
things, and Sampson would just bark as I would expect a dog to
do for its owner.
And so upstairs in the room, he started to bark
towards me and come towards me. I tried to shoo him away with
my foot. Now, I've cared for Sampson so I didn't think he
would bite me, because I've walked him, I feed him and
everything throughout the course of that relationship.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
251
183
He did snip me on the -- on the back of my foot, on
my ankle area. He didn't hold on. And so I was shooing him
away, trying to get him -- because he was barking and coming
towards me. So I started to go towards him and shoo him away
with my foot. At some point, I sat on the bed and he ran
around behind me, jumped on the bed and snipped me on the back
of my ear. And then I felt immediate pain.
I got up, I left the room, came downstairs, and I
start yelling and screaming for help at that point. I guess
the neighbors called the police. I guess they heard us
arguing and heard me screaming, and they called the police.
The paramedics came. I didn't want to be transported to the
hospital. I didn't think it was life-threatening, the
scenario, so they treated me there and then I told them I
would drive myself.
The police also came out. I don't remember if the
police came before the paramedics or after, because this was
like, five, six years ago. And so when the police came out,
they asked me what happened. They saw my ear, saw my ankle.
I showed them and then I explained what happened. They asked
me if Jasmine was here at the house. I told them, no, she had
left with the dog and I don't know her whereabouts. And then
I proceeded to go to the hospital that night and get treated
at the hospital.
And then subsequent -- after that, several days
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
252
184
after that, due to the injuries on my ear I had to get plastic
surgery done at Southeastern Plastic Surgery Center or
something like that in Tallahassee. And they repaired my ear
using some skin grafts from the back of my ear where I had
been bitten on the tip of the ear or the side here
(indicating) and some parts had been removed, so they replaced
it. And that's the gist of what happened that day.
Q You said "snip." You're talking about dog bites; is
that correct?
A Yes, dog bites. I know he could have probably done
a lot more to me if he wanted to, because my entire back was
exposed to him. And I didn't expect him to bite me, but
because of the nature of the situation -- and, typically, I
don't like to argue in front of him.
And subsequent to that, I ended up putting -- we put
him on the back patio at the time when I was in that
relationship, trying to keep him out of, you know, the
environment, because it was kind of a toxic environment at the
time.
Q Okay. So when you got bit, you indicated you were
screaming and the neighbors called police; is that correct?
A Yes, based on the police report. I didn't know who
called the police, but based on the police report, the
neighbors had called the police.
Q Oh, but you didn't call the police and Jasmine
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
253
185
didn't call the police; is that correct?
A No. I told her to call for an EMS or some type of
paramedic, because I was bleeding from the ear and I didn't
know what was going on. And so I had -- I had my cell
phone -- she had my cell phone. I didn't have my cell phone
on me, and so I'm telling her to call the paramedics. And
we're still kind of arguing, but because of the pain, I'm
saying, I need to be treated. I need some --
So she eventually called 911 or she gave me the
phone and I called the paramedic and -- but that call ended
and -- but the paramedic came out anyway. And some of this
information -- some of this information I recall after reading
the police report, but initially I don't recall, like, all of
the details that happened.
Q Okay. But you were in a lot of pain as a result of
the dog bites; is that correct?
A Yes. Yes, sir.
Q Okay. And the other thing is, was Jasmine Perkins
present and did she witness the dog biting you?
A Yes, she was there upstairs in the room with me.
Q Okay. No, that's fine. And I just -- and that was
the only incident you had with this particular dog, is that
correct, where he bit you?
A Yes, sir. Yes, yes. After that, I took precautions
to make sure that we didn't argue in front of him and that I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
254
186
wasn't in a situation -- I mean, I still cared for him after
that. I still fed him. I still walked him. But, in that --
in that instance, because of the argument, he either was
trying to defend her or thinking I was trying to do something,
but it was just a verbal altercation, a verbal argument.
MR. ROBERTS: Thank you so much, Mr. Tait.
Mr. Weed?
THE COURT: Any cross, Mr. Weed?
MR. WEED: Yes, sir.
CROSS EXAMINATION
BY MR. WEED:
Q So, Mr. Tait, when you were around Sampson and there
was no arguing going on or anything such as that, was he a
calm dog?
A Yeah, he was a good dog. I don't -- I don't have
any ill feelings towards him now after the dog bite. He's --
he's -- you know, a dog is going to do what a dog is going to
do when that kind of a situation occurred, so I don't blame
him. I take responsibility for my own actions. And -- but
he's a good dog in general, yes.
Q Okay. So you wouldn't characterize him as a rabid
dog?
A Only if -- he's very protective of her. Only if he
feels she's in some type of danger or a hostile environment or
something to that nature that he may perceive, he may get
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
255
187
aggressive.
Q I see. I see. But if everything is calm, Sampson
is okay?
A Yes.
Q All right. And you said that you still cared for
the dog after this incident?
A Yes, I did.
Q And whenever you say "cared for the dog," you mean
look after the dog?
A Yes, feed him, walk him, things to that nature.
Q All right. Did you ever have any other problems
with Sampson after this incident?
A No, he's just -- he's a very -- at the time he was
young, very hyper, but I didn't have any problems to that
nature as far as being bitten or things to that nature. I
ended up putting him on the back patio. It was an enclosed
patio, but from time to time he still came inside of the
house. It's just that I -- because we argued a lot, I didn't
want that to reoccur again and put him in the position to feel
as if he needed to do something.
Q I see. Okay. All right. And I know when you
characterized being bit, you said you were snipped on the
ankle?
A Well, yeah. I mean, his teeth did go into my ankle
so I was bitten.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
256
188
Q Right.
A The ear -- the ear bite was also a bite, but I
referred to it as a snip, because he could have took my whole
ear off.
Q Okay. If he had been --
A But part of my ear did -- part of my ear did come
off.
Q I understand. I understand.
MR. WEED: All right. Thank you. No more
questions.
THE COURT: All right. Any redirect, Mr. Roberts?
MR. ROBERTS: No. Thank you, Mr. Tait.
Witness is with the Court, Your Honor.
THE COURT: Any objection to him being excused?
MR. ROBERTS: No, Your Honor.
MR. WEED: Not from the State.
THE COURT: You're free to go.
MR. ROBERTS: Thank you, Mr. Tait.
THE WITNESS: Thank you, Your Honor. Thank you,
sir.
THE COURT: All right. Call your next witness,
please.
MR. ROBERTS: Next witness would be Dr. Charles
Benedict. Is he aware?
Let me do this, because Dr. Benedict was out of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
257
189
town, Your Honor. I'm just going to put myself on mute,
and I told him I would call him, because he has been on
standby patiently for the last five hours. So let me
just call him real quickly.
THE COURT: Did you have any other witnesses other
than Dr. Benedict?
I can't hear you. You're muted again, Mr. Roberts.
MR. ROBERTS: There's a Jared Mabry, but I want to
call Benedict first. There may be one other witness, but
let me call Dr. Benedict because he was out of the town
and very patiently waiting. Hold on. Let me just make
sure --
(Pause.)
MR. ROBERTS: Now, Mr. Weed, just for -- Mr. Weed?
Now, with Dr. Benedict -- and he's been qualified
numerous times -- we could normally go through everything
with him, qualifications --
MR. WEED: No --
MR. ROBERTS: I think I sent you a CV. It's up to
you.
MR. WEED: No, that's fine. That's fine.
MR. ROBERTS: Okay. All right. Because what I'll
do is I'll just go through some general stuff,
background, just to get what he was charged to do, but I
didn't know whether or not you wanted to go through all
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
258
190
of his testimony and all of that.
THE COURT: Okay.
MR. ROBERTS: All right. Oh, he's on now. Thank
you.
THE COURT: All right. And Benedict, if we can
locate him.
DR. BENEDICT: I'm right here.
THE COURT: All right. If you would, please raise
your right hand to be sworn.
Whereupon,
DR. CHARLES BENEDICT
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: Thank you.
You may inquire, Mr. Roberts.
MR. ROBERTS: Thank you so much.
DIRECT EXAMINATION
BY MR. ROBERTS:
Q Dr. Benedict, could you state your full name,
address?
A Yes, it's Charles E. Benedict. My address is 3660
Hartsfield Road, Tallahassee, Florida. That is my
professional address.
Q And could you state for the Court the name of your
business, and what type of business do you conduct?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
259
191
A My business is BEC Companies, Inc. We have two or
three divisions -- three divisions of the company. One is a
consulting engineering firm, which is the one that I'm working
under for this particular case. We are consulting engineers,
but we primarily do forensic engineering, we perform accident
reconstruction, biomechanics and machine failures and that
sort of thing.
Q Okay. And how long have you been employed or
working in this capacity?
A I've been in this capacity since 1971.
Q Okay. So it's fair to say you have extensive
knowledge and -- or extensive background in this field?
A I do.
Q Okay. And you have been qualified as an expert in
biomechanical engineering before by the courts of the state of
Florida?
A Yes. In fact, I've been certified by one of the
appellate courts.
Q Okay. And now explain to the Court what your
specialty is as a biomechanical engineer?
A Biomechanical engineering is really the work done
from an engineering point of view to determine what we refer
to as the injury mechanism. It's not the medical aspects of
an injury. It is physically and other ways, what caused the
injury? What kinds of forces? What happened? You know, what
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
260
192
things occurred to result in the injury that is involved?
Q And I hired you in this case, is that correct,
Dr. Benedict?
A Yes.
Q Okay. Now, could you tell me, what did you review
for the purposes of coming to your opinion? Just what did you
review in this case?
A Well, I reviewed all of the documents associated
with the night of the incident. I've looked at and studied
photographs of the injuries to the injured party. I have gone
to the place, the house where the accident or the incident
occurred.
I have documented the evidence that's there relative
to the direction and holes in the door as far as their angle
and their position relative to the height from the floor. I
did that, also, with the holes on the wall on the opposite
side of the area where the door was located, both for -- for
both of the shots that were fired. I did -- and I had also
looked at the inside of the closet where one of the bullets
ricocheted off of the baseboard, that sort of thing.
I've looked at all of the injuries and studied all
the injuries associated with the incident, the location of
them, how they entered the body, how they exited the body, the
angles, all of those things. I've read all of the depositions
that have been taken so far.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
261
193
I haven't seen the slug, the remaining part of the
slug yet. That slug was found in the wall, as I understand
it, in the closet wall, the wall between the closet and the
area where the incident occurred.
I took all of that information. I drew -- I went to
the house and I ran a string of different colors from the two
entrances on the door to the exits in the wall, determined
which ones went where by the geometry. And then I took the
injuries associated with the incident with Jasmine. I put
her -- I'd used a surrogate, really, and I put the surrogate
in the position where the injury matched up with the path of
the bullet.
I documented that photographically. And then I made
some scaled drawings associated with that and determined where
she was positioned at the time the bullets were fired and
where the dog was relative to the shrapnel injuries to the dog
itself, between its legs, between its hind legs, and, also,
the orientation of her arm and hand in order to receive the
injury to her hand as well, all associated with only one shot,
and that was the one that went through the door mechanism,
and, also, across her left thigh and down through her right
thigh going behind the femur, and the dog's shrapnel injuries
inside between his rear hind legs and documented all of that,
and figured out where she was standing and the fact that she
was holding the dog at the time of the incident.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
262
194
MR. ROBERTS: Okay. At this point, Your Honor, I'll
move to qualify Dr. Benedict as an expert in
biomechanical engineering.
THE COURT: Any objection or do you wish to voir
dire the doctor?
MR. WEED: No, Your Honor.
THE COURT: All right. You may proceed.
MR. ROBERTS: Now -- thank you so much, Your Honor.
Thank you, Mr. Weed.
BY MR. ROBERTS:
Q Now, Dr. Benedict, I'm going to ask you some
questions now. Based on all of your review -- of all of the
documentations you reviewed, let's just -- I'm just going to
compartmentalize this. Do you have an opinion as to where
Jasmine Perkins was at the time the bullets or the shot was
fired that injured her hand, her left hand through her leg,
the left leg to her right leg, and, also, contacted Sampson,
her dog, in this case?
A Well, the bullet didn't contact the dog. It was
shrapnel.
Q Oh, I'm sorry.
(Multiple speakers speaking.)
BY MR. ROBERTS:
Q Go ahead.
A My opinion is, is that Ms. Perkins was standing with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
263
195
her back to the inside wall to the right of the door as you go
into the bedroom. In other words, she was facing the back of
the house, the rear of the house with her back basically up
against the wall or very close to it. And that the bullet
entered her -- or, really -- it didn't really enter. It did
sort of enter her left thigh. It grazed through the top
portion of her left thigh, down, into and behind the femur of
her right leg and exited. She had -- the bullet went through
her hand, entering the back of her hand, and so she had her
hand holding the dog with the dog's behind facing the door.
And the shrapnel that came out of her hand sprayed, if you
will, and struck the inside legs of the dog as she was holding
it and then exited and went through the wall.
The angle of the second shot, in my opinion, did not
have anything to do with her injuries, because the angles
don't add up. That's number one. She can't be in that
position and have the bullets go through her legs the way they
did and through her hand. And so she had to be struck by
the -- by the bullet that went through -- and I'm going to
call it the lock. It's the -- it's the door handle mechanism
just to the right of the doorknob.
And it started shattering the bullet to a point, the
slug, and that's where all of the shrapnel came from. There
was shrapnel on all of the wounds -- on both sets of wounds
that she had. There were three sets, really, counting her
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
264
196
hand. And there was shrapnel injuries to the inside hind legs
of the dog.
So, the only way that can all happen is for her to
be standing in that position, facing the rear of the house,
not with her hand on the doorknob at all, because if she had
had her hands on the doorknob, it would have destroyed her
whole hand and fingers, because it -- the bullet came through
right adjacent to the doorknob.
Q Okay. Your testimony is that she could not have
been holding the door handles or had her hands on the door at
all during this time period when the shots rang out?
A Right. That's correct.
Q Okay. And it's also your opinion that she had to be
holding the dog for the dog to receive the injuries the dog
received?
A That's correct.
Q Okay. And --
A The dog -- the dog had to be in the line of fire.
It could not have received those injuries other than being in
the line of fire.
Q And it is your opinion that she was actually
physically holding the dog when the dog was actually hit with
the shrapnel?
A Yes.
Q And, also, she had transferred, like, blood from her
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
265
197
hands on the dog as well?
A Yes.
Q Okay. And your opinions that you're giving this
Court is within a reasonable degree of biomechanical
certainty; is that correct?
A Yes, to a high degree.
Q A high -- okay.
Is there anything else as far as the mechanism that
we did not talk about as to how the injuries to Ms. Perkins
happened?
A I don't believe so. No, sir.
Q Okay. And just to make sure, so the idea that the
dog, let's say, is across the room in a different area or in
the closet and got shot, would that be plausible?
A No, because the bullet went between the door, right
at the door handle or doorknob, then across that open space
into the wall opposite where the door is located. In fact,
the door is kind of off -- the angle is such that the rounds
went towards the wall a little bit. They weren't -- they
didn't go straight through. Okay. So she had to be between
the wall and the line of the bullets in order for it to pass
across the top of her left thigh and rupture it.
There's concussion injuries to the backside or the
entering side of the wound on her left thigh. And you can see
where it exited the left thigh and went then, at the same
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
266
198
angle into her right thigh behind the femur and out the
backside or the -- really, it's kind of the underside, if you
will, of her right thigh.
And the information -- or the injuries, if you
will -- they're not really injuries, per se, to the dog
because the dog really wasn't injured as -- injured in the
sense that it had some shrapnel wounds, but it was all from
the shrapnel. It didn't come from the slug.
The other path of the bullet entered the wall at an
angle, aimed towards the back wall more, and as it exited the
wall and the closet, it was in a very downward position and
direction. It hit the baseboard and then ricocheted into the
wall, the back side of the closet. So, it is not possible for
that dog to have been in the closet, not possible for the dog
not to be in the line of fire.
Q (Inaudible) not possible that Ms. Perkins was
holding the door shut while the -- and not holding the dog,
also?
A That's correct, because, number one, in my opinion,
it would have blown her fingers off, number one. Number two,
she could not have had the injury through her hand if she had
hold of the doorknob. The bullet went through the back of her
hand and out the palm. It can't do that if she's got her
hands wrapped around the doorknob. It's just impossible.
Q And this was also confirmed with your review of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
267
199
medical records in the case as well?
A That's correct.
Q And all of the trajectory for the --
MR. ROBERTS: That is Mr. Mabry.
Mr. Mabry, we'll call you in a few minutes. We'll
contact you in a few minutes. Okay?
MR. MABRY: Okay.
MR. ROBERTS: We will be right with you in a few
minutes. Thank you.
MR. MABRY: All right.
THE COURT: Is that TaReef KnockOut --
MR. ROBERTS: Yes.
THE COURT: -- that's the next witness? I'm going
to put him in the waiting room, then.
MR. ROBERTS: Yes, thank you.
THE COURT: Okay. Any other questions?
MR. ROBERTS: All right. I think -- I think we
covered this enough.
BY MR. ROBERTS:
Q Okay. Now, the trajectory of all of the bullets was
in a downward path; isn't that correct? There's no question
about that, Mr. -- Dr. Benedict?
A No, there's no question. They were both in a
downward direction, one more downward than the other.
Q And, again -- and you read the deposition of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
268
200
Ms. Perkins where she states she's holding the door and things
of that nature, and that could not be possible based on your
review of the evidence in the case?
A Her description of what she was doing is totally out
of whack with the physical evidence.
MR. ROBERTS: Okay. Thank you so much,
Dr. Benedict.
The witness is with the Court. Mr. Weed?
THE COURT: All right. Cross-exam?
CROSS EXAMINATION
BY MR. WEED:
Q Dr. Benedict, you said that her testimony is out of
whack, but her testimony was that when she heard the gun being
cocked, she made a movement. So her hand could have been
close to the doorknob, couldn't it have?
A It was close to the doorknob, but her hand was
turned sideways so that the bullet entered the backside of her
hand and came out the palm.
Q Which is consistent with her testimony; correct?
A Well, if that's what she said. But she said she had
ahold of the doorknob.
Q Right. Now, let me ask you this. You said that the
position of the dog is based off of solely the shrapnel injury
to the dog?
A That and the only way that, in my opinion, based on
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
269
201
the physical evidence that she -- the dog could have gotten
shrapnel in between his two legs.
Q Yeah. Now, you said --
A Two hind legs, I should say.
Q -- you said that the bullet projectile in the closet
that ricocheted in the closet, you haven't observed that yet?
A No. I haven't seen the slug, no, but I can see
where it entered the -- where it came off of the baseboard,
where -- in a downward direction, where it actually went into
the molding on the floor or broke the molding on the floor and
then went through the back wall.
Q Yeah.
A That slug -- as I understand it, that slug was never
recovered.
Q Okay. Well, if it was recovered and if it was --
that projectile in the back wall was only a piece of the
projectile and not the whole projectile, would that suggest
that the projectile had broken apart while in the closet?
A It could have, if it's found that way, but it's my
understanding it was never found.
Q Okay.
A And the slug -- the slug that was found, was found,
as I understand it from the evidence that I've read, was in
between the two sides of the closet wall where the slug
entered the wall on the door side.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
270
202
Q Okay. All right. Now, if that was a small piece
that went -- that ricocheted off into the wall, a small piece
of the projectile, then, again, that would mean that the
projectile did come apart after hitting the baseboard?
A Well, it could have come apart at any part of it,
but it didn't come apart like the other one did, because the
other one entered a bunch of -- a bunch of different items.
First off, it went through the lock. The second slug didn't
go through the lock area or the actual -- the actual doorknob
area.
So the first shot, it went through there, it kind of
started breaking apart because it hit such hard stuff. And
then when it went through in between the dog's legs, hind
legs, and through her thigh and -- her left thigh and her
right thigh, it left a lot of shrapnel in both wounds, all of
the wounds. And by the time it came out on the other side, it
had already started coming apart. And then when --
Q And --
A Let me finish. Then, when it went through the wall,
it didn't have enough velocity to go through the inside wall
of the closet. That's the reason it was found between the two
walls.
Q Right.
A The other slug -- the other slug had not
disintegrated enough. It went all the way through both walls,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
271
203
struck the bottom part of the wall and the baseboard, and then
ended up going through the back wall of the closet. So it had
a lot more velocity at the time that it went through the walls
than the other slug did, because it didn't go through as many
things.
Q Right. But whenever that bullet that went inside
the closet hit the baseboard and ricocheted off, a piece of
that projectile could have broken off and ricocheted and hit
the dog; couldn't it have?
A No, because if it had, the dog would -- the dog
would have had to have been right up against the wall so that
everything went between its legs, and I don't think that's
possible.
Q And why is it not possible for a piece of the
projectile to ricochet off the baseboard inside of the closet?
A I didn't say that. I said it can. But I said it
could not -- in my opinion, it's very low likelihood, if not
impossible, for the dog to be standing in the closet and get a
piece -- a bunch of shrapnel in his legs. He'd have to be
standing there with his legs between the ricocheting round.
And he has blood all over his body, he has blood at the top of
his back and his side, his right side and back. It's all
consistent with him being held by her. Blood had to come from
somewhere and it didn't come from the dog.
Q Yes, it was a bloody scene. You saw the pictures;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
272
204
correct?
A Oh, yes, sir. And the dog didn't -- the dog didn't
get it in the closet. He got it from -- he got it from her.
Q And you saw the blood that was in the closet?
A I didn't see any blood in the closet.
Q You didn't see any blood in the closet?
A No. But if he was -- you know, she could have
been -- gotten in the closet, taking the dog after it got hit
and put it in the closet. That's not where the dog got hit.
Q Got you. So the dog having blood on him is not
necessarily indicative of where the dog was?
A It is, because there's so much blood all over him.
There's spray blood on his fur, on his right side and his
right flank and back. And then there's blood on the other
side underneath him. So, basically, he had to be in line with
his back end lined up in the line of fire for the bullet to go
between his legs.
Q Uh-huh. I understand that, but there being blood
sprayed on him is not indicative of the fact that he was -- he
could have been in the closet at the time and had the blood
sprayed on him after the shooting?
A No. The blood's going to be sprayed on him as a
result of the shooting. That's what creates the spray.
Q All right. And a projectile inside the closet could
not have ricocheted outside the closet and hit the dog?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
273
205
A Outside the closet? What do you mean? No. There's
evidence it went through the back wall.
Q Right. But a projectile was recovered from the dog;
correct?
A No, there was shrapnel.
Q Right. And that shrapnel was recovered from the
dog, could have come from the bullet that went inside the
closet?
A Not in my opinion.
Q All right. Not in your opinion?
A Not based on the physical evidence, no, sir.
MR. WEED: All right. Thank you. No more
questions.
THE COURT: All right. Thank you.
Any redirect, Mr. Roberts?
MR. ROBERTS: Yes, just briefly.
REDIRECT EXAMINATION
BY MR. ROBERTS:
Q Dr. Benedict, and it's your opinion that at the time
of the shooting Jasmine Perkins was holding her dog Sampson
that resulted in the injuries of the blood spray to Sampson,
shrapnel going through both legs and bullets going through her
arm, left leg and right leg? Is that your opinion?
A No. It's through her hand. Yes, sir, that's my
opinion.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
274
206
Q I mean, through her your hand.
(Multiple speakers speaking.)
THE WITNESS: It's my opinion, to a high degree of
probability.
BY MR. ROBERTS:
Q And that would mean, again, she was not holding the
door with both hands or facing the door? That she had to be
holding the dog; is that correct?
A That's correct. Because if she was facing the door,
the bullet would be going through her front to back. And it's
one -- it's all across the front side of her body, not
anywhere else. She had to be standing with the bullet going
down at the angle, because the angle of the hole in the door
with the hole in the wall lines up exactly with the path that
followed through her left thigh and her right thigh and
through her hand.
MR. ROBERTS: Thank you, Dr. Benedict.
The witness with the Court, Your Honor.
THE COURT: Anything further, Mr. Weed?
MR. WEED: No, Your Honor.
THE COURT: Okay. Can the doctor be excused?
MR. ROBERTS: Yes, Your Honor.
THE COURT: Any objection?
THE WITNESS: Thank you, Your Honor.
MR. WEED: No objection.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
275
207
THE COURT: You're free to go. Have a good day.
THE WITNESS: Thank you.
THE COURT: All right. Call your next witness.
MR. ROBERTS: Yes, Your Honor. We'll call Jared
Mabry.
Thank you so much, Dr. Benedict.
THE WITNESS: Yes, thank you.
THE COURT: I'm not -- that's the --
MR. ROBERTS: That's the gentleman that came in
before. I think you put him in the waiting room.
THE COURT: Yeah. I'm just making sure with the
descriptions here. Thank you.
All right. What's his name?
MR. ROBERTS: Jared Mabry.
THE COURT: Mr. Mabry, raise your right hand to be
sworn, please.
MR. MABRY: Okay. One second. All right. There we
go.
Whereupon,
JARED MABRY
was called as a witness, having been first duly sworn, was
examined and testified as follows:
THE COURT: You may inquire, Mr. Roberts.
DIRECT EXAMINATION
BY MR. ROBERTS:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
276
208
Q Yes. Thank you, Mr. Mabry.
Could you state your full name and current address,
Mr. Mabry?
A It's Jared Mabry, 411 Chapel Drive, 229,
Tallahassee, Florida, 32304.
Q Okay. And have you -- do you know who Jasmine
Perkins is?
A Yes, sir.
Q Okay. Now, I'm going to take you back to July 29th,
July 30th. Did you happen to receive a phone call from
Jasmine Perkins from her hospital bed?
A Yes, sir.
Q Okay. Now, when you -- when you received that --
and you dated her before, prior? You had a prior dating
relationship with her?
A Yes. I would say a couple of months, like, leading
up to that.
Q Okay. Now, when you received those phone calls, did
you receive voicemails and did you also interact with her
during a conversation?
A The first phone call I received was from Sergeant
Connell. She left a voicemail early that -- early
midnight-ish, around, like, 12:15 or so saying that she was
with Jasmine in the hospital and that she needed to talk to
me. And I called her back. And then that's when she let me
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
277
209
know that she was shot and that she was in the hospital.
And I told Sergeant Connell I didn't want to talk
with her, I wasn't dealing with her anymore, and to please to
request that she do not call me from the hospital. So,
Sergeant Connell told me that she would relay that message.
Then, Jasmine proceeded to disregard that message
and she called me once. And when she said, Hello, I knew it
was her and I hung up. Then, she left me two voicemails on
July 30th about two minutes and 30 seconds each.
Q During those phone calls and voicemails that she
left, she never told you that she was -- Justin Haynes ever
tried to kill her; is that correct?
A Yeah, that's correct. Like I told you before --
what's that?
MR. ROBERTS: Okay. That's what I -- that's what I
just wanted to know is just to mention that fact with
those phone calls. That's the extent of my questions.
THE COURT: Okay. Cross?
THE WITNESS: Okay.
THE COURT: Mr. Weed, any questions? You're muted.
MR. WEED: No questions.
MR. ROBERTS: Thank you, Mr. Mabry. That's it.
THE COURT: You're free to go.
THE WITNESS: All right. Thank you all. I
appreciate it.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
278
210
THE COURT: Call your next witness, please.
MR. ROBERTS: That's the extent of the defense
presentation, Your Honor.
THE COURT: All right. Any rebuttal from the State?
MR. WEED: No, Your Honor.
THE COURT: Okay. It's getting quite late in the
afternoon. What I suggest the course of action from here
would be to both of you submit written arguments as to
your positions and proposed orders.
And I know the trial date is coming up here quickly,
so how long would you need to prepare those? Let me hear
first from Mr. Weed.
MR. WEED: Your Honor, probably middle of next week
so that we -- because I know we're on track to have this
trial so I don't want to wait too long. So, Wednesday or
Thursday.
THE COURT: Okay. How about you, Mr. Roberts?
MR. ROBERTS: I agree. Those dates sound good, Your
Honor.
THE COURT: Can you get them -- let's do this, then.
Can you get them to the Court, you can e-mail them, no
later than 5:00 on June 2nd. That's Wednesday. Is that
acceptable with both of you?
MR. WEED: Yes, sir.
THE COURT: Yes, Mr. Roberts, shaking your --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
279
211
MR. ROBERTS: Yes. I'm sorry.
THE COURT: Okay. If you'll get those written
arguments and then a proposed order with findings of fact
based upon your positions and arguments.
All right. Anything else we can accomplish here
today on this matter?
MR. ROBERTS: No. I think we're -- I think we're
good from the defense.
Mr. Haynes, are you -- okay, thank you.
THE COURT: Mr. Weed?
MR. WEED: Your Honor, we filed a notice of Williams
rule evidence and we would like to have that heard before
the trial. And I would imagine that we could do this
again via Zoom. We would only have one witness to
present for that hearing and it would be fairly short. I
would think 30 minutes would suffice.
THE COURT: Okay. And who would that witness be?
MR. WEED: Jasmine Perkins.
THE COURT: Okay. And, Mr. Roberts, you're familiar
with the --
MR. ROBERTS: Yes. He gave me notice of the intent,
and I indicated we needed a hearing on that matter.
THE COURT: Okay. My JA is out now, but let's do
this.
MR. ROBERTS: Right.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
280
212
THE COURT: Contact her Monday morning -- well, not
Monday, Tuesday morning. She should be back in the
office and she should be able to give you a half an hour
time at that point.
MR. WEED: All right. And, then --
MR. ROBERTS: Thank you, sir.
MR. WEED: -- Your Honor, if we could have that
Williams rule hearing via Zoom.
THE COURT: Do you agree, Mr. Roberts?
MR. ROBERTS: Yes, Your Honor.
THE COURT: Okay. If you would go ahead and do a
notice whenever you get the time, too, Mr. Weed, please,
so everyone will be aware.
MR. WEED: Sure. All right.
THE COURT: Hearing nothing further then, we'll go
ahead and adjourn. Thank you for your patience
throughout the day. Have a good weekend and happy
Memorial Day, everyone.
MR. ROBERTS: Thank you so much, Your Honor. Thank
you, Mr. Weed, all court personnel. Thank you,
Mr. Haynes as well.
MR. WEED: Thank you.
THE CLERK: Judge, I'm sorry. Were we still going
to be doing the pleas on the misdemeanor and the traffic
case? They were set today.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
281
213
THE COURT: I don't anticipate them being done
today, no.
THE CLERK: Okay. I appreciate it.
MR. ROBERTS: Thank you, Your Honor.
THE COURT: All right. Thank you.
(Proceedings concluded at 4:16 p.m.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
282
214
CERTIFICATE
STATE OF FLORIDA:
COUNTY OF LEON:
I, LINDA CUNNINGHAM, RPR, Official Court Reporter,
do hereby certify that the foregoing proceedings were
digitally recorded; that said recording was thereafter was
stenographically reduced; and the foregoing pages are a true
and correct record of the aforesaid proceedings.
I FURTHER CERTIFY that I am not a relative,
employee, attorney or counsel of any of the parties, nor
relative or employee of such attorney or counsel, or
financially interested in the foregoing action.
DATED this 16th day of June, 2021.
___________________________ LINDA CUNNINGHAM, RPR OFFICIAL COURT REPORTER
301 S. MONROE STREET, SUITE 341 TALLAHASSEE, FLORIDA 32301
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
283
