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410 €. CHERRY AVENUE FLAGSTAFF, ARIZONA 86001-4627 (928) 770-8518 WILLILAM P. RING ‘COCONINO COUNTY ATTORNEY een eaoaen 10 " 12 13 14 45 16 7 18 19 20 2 22 23 24 25 26 WILLIAM P. RING YALERI COCONINO COUNTY ATTORNEY i ‘Ammon D. Barker DONIFEB 28 PH 3 Bar # 028010 Bryan Shea mi Bar # 027631 i t Deputy County Attorneys 140 E. Cherry Avenue Flagstaff, Arizona 86001-4627 PHONE: (928)679-8200 FAX: (928) 679-8201 Attorneys for the State IN THE SUPERIOR COURT, THE STATE OF ARIZONA | IN AND FOR THE COUNTY OF COCONINO STATE OF ARIZONA, No. CR2015-00862 Plaintiff, vs. STATE’S MOTION REGARDING THE VOLUNTARINESS OF DEFENDANT'S STEVEN EDWARD JONES, STATEMENTS. Defendant. Hon. Dan Slayton — Div. 2 | The State of Arizona, by and through the undersigned Deputy County Attorney, hereby moves this Court to find that Defendant's statements to police were voluntary and admissible. This Motion is supported by the following Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED this _@& day of February, 2017. DAVID W. ROZEMA COCONINO COUNTY ATTORNEY B | Ammon D. Barker Deputy County Attomey “110 E. CHERRY AVENUE (928) 70.6518 FLAGSTAFF, ARIZONA 86001-4627 WILLILAM P. RING COCONINO COUNTY ATTORNEY © even n 10 1 12 13 4 15 16 7 18 19 20 2 22 23 24 25 26 MEMORANDUM OF POINTS AND AUTHORITIES 1. FACTUAL BACKGROUND The facts of this case are outlined in other filings. The relevant facts for this Motion are as follows: After Defendant shot four unarmed students, he was subsequently arrested by Officer Park. Officer Park handcuffed him and took him to his patrol vehicle and read Defendant Miranda. Not long afterward, Defendant had the following exchange with Deputy Libarle of the Coconino County Sheriff's Office: DEPUTY: Was there anybody else in the building with a gun, that you know of? DEFENDANT: No. DEPUTY: No? Just you? DEFENDANT: Nobody did anything wrong but me. Transcript of Statements Outside Patrol Vehicle, attached as Exhibit A, 2:13-16. Shortly after this conversation, Defendant was transported to an interview room at the police station where he sat with Officer Keegan Park. Officer Park was not assigned to interview Defendant, but he sat with Defendant while they waited for Corporal Kenneth Hunter. As they sat, Defendant freely engaged Officer Park in conversation. At one point Defendant had this exchange: DEFENDANT: My Dad said to call him before | talk to the police. Can | call my dad? PARK: Yeah. Let me go find out and | will get all the information for you, okay? DEFENDANT: / don’t want to call him. Transcript of Defendant's Interview, attached as Exhibit B, 5:1-5. At no point during his conversation with Officer Park did Defendant ask for an attomey to be present, nor did he 2 410 E, CHERRY AVENUE FLAGSTAFF, ARIZONA 86001-4627 (628) 779-6518, WILLILAM P. RING COCONINO COUNTY ATTORNEY request to remain silent. After a few minutes, Corporal Hunter arrived to begin the interview. Corporal Hunter again read Defendant his Miranda rights, and Defendant stated he understood. /d. at 10:10-17. Shortly after Corporal Hunter began asking questions, the following conversation took place: DEFENDANT: Should | call an attorney? HUNTER: That's up to you. So DEFENDANT: (’m not an adult. HUNTER: You are, your [sic] eighteen. So I'm not here to—I am just here to get the facts. DEFENDANT: Okay. Id, at 13:16-21. At no time afterward did Defendant request an attorney or request to remain silent. At one point, Defendant asked to have his handcuffs removed, and Corporal Hunter obliged. During his contact with Officer Park and Corporal Hunter he was provided awater bottle. Cpl. Hunter was not dressed in police uniform. There were no other officers in the interview room at the beginning of the interview. At one point, Defendant asked that Officer Park return to the interview room and sit there; Officer Park obliged. When Cpl. Hunter left the room and Officer Park remained, Defendant asked if Officer Park would like to hear his story, and continued to talk about his version of the events. Defendant was offered food and allowed to use the bathroom. ‘At no time did any officer threaten Defendant, make any promises, or coerce him into saying anything. At no time did Defendant request an attorney or refuse to talk with the police. On the contrary, Defendant was very eager to tell the police a story. 1110 E. CHERRY AVENUE FLAGSTAFF, ARIZONA 86001-4627 (828) 779-6518 WILLILAM P. RING COCONINO COUNTY ATTORNEY © even awn = 10 "1 12 13 14 15 16 7 18 19 20 2 22 23 24 25 Mh. LAW AND ARGUMENT A. Defendant's post-Miranda statements to Deputy Libarle, Officer Park, and Corporal Hunter are admissible. A defendant's post-Miranda statements are admissible if the defendant understands his rights, and waives them. See State v. Zinsmeyer, 222 Ariz. 612, 218 P.3d 1069 (App. 2009). “Answering questions after police properly give the Miranda warnings constitutes waiver by conduct.” State v. Trostle, 191 Ariz. 4, 14, 951 P.2d 869, 879 (1997) In this case, Defendant was informed of his Miranda rights at two stages. First, he was read his Miranda rights by Officer Park immediately after his arrest. Then, once he was in an interview room, Corporal Hunter again read Defendant his Miranda rights. Defendant indicated he understood his rights and volunteered the statements that followed. B. Defendant never invoked his right to an attorney. When invoking the right to counsel, the defendant “must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. 2350, 2355, 129 L.Ed.2d 362 (1994); see also State v. Eastlack, 180 Ariz. 243, 249-50, 883 P.2d 999, 1005-06 (1994), cert. denied, 514 US. 1118, 115 S.Ct. 1978, 131 L.Ed.2d 866 (1995). In Davis, the defendant said during custodial interrogation, “{mJaybe | should talk to a lawyer.” /d. at 455. The court ruled that the statement was ambiguous because it was a statement of uncertainty. /d. at 459. The only time Defendant mentioned an attomey was in the context of a question: 4 “110 E. CHERRY AVENUE FLAGSTAFF, ARIZONA 86001-4627 (928) 770-6518 WILLILAM P. RING COCONINO COUNTY ATTORNEY “should | call an attorney?” This is not a clear invocation. Like in Davis, this statement was ambiguous because it was a statement of uncertainty. C. Defendant's statements were voluntary. “Voluntariness and Miranda are two separate inquiries.” State v. Montes, 136 Ariz. 491, 494, 667 P.2d 191, 194 (1983). In assessing voluntariness, a court considers the totality of the circumstances. See State v. Hoskins, 199 Ariz. 127, 14 P.3d 997 (2000). Asstatement is voluntary, and thus admissible, if there is “no coercive or pretextual police tactics, no intellectual or physical infirmity, no deceitful practice, and no attempt to undermine defendant's ‘rational intellect or free will.” Id. at 137. In this case, there is zero evidence that any officers undermined Defendant's free will through physical force, threats, promises, or any type of intimidation. Defendant was forthcoming with his story. The interview was not excessively long, and there were no additional officers present during the interview, except by Defendant's own request. Defendant was provided water, and his handcuffs were also removed at his request. CONCLUSION Based on the foregoing, the State requests this Court order that these statements are voluntary and admissible at trial. RESPECTFULLY SUBMITTED this 28 day of February, 2017. WILLIAM P. RING. COCONINO COUNTY ATTORNEY Bi Ammon D. Barker Deputy County Attomey i i (628) 779-6513 Z z z e é g 2 53 3 a2 56 8 FLAGSTAFF, © eve een = 10 12 13 14 45 16 47 18 19 20 2 22 23 24 25 26 COPY of the foregoing mailed/delivered this day of February, 2017, to: The Honorable Dan Slayton Coconino County Courthouse Flagstaff, AZ 86001 Burges McCowan Joshua Davidson Attorneys for Defendant Exhibit A 10 u 12 1B 14 15 16 7 18 19 20 21 2 23 State v Steven Edward Jones Case No. CR 2015-00862 Libarle: Steven: Libarle: Steven: Libarle: Park: Steven: Libarle: Park: Steven: Steven: Park: Steven: Park: STEVEN JONES OUTSIDE PATROL VEHICLE With Deputy Libarle and Officer Park, 10/9/15, What are you doing, man? I think I have to throw up. ‘You have to throw up? (inaudible) Hey do you want, you want to... he said he’s got to vomit. That door’s locked, I don’t know what your..if it’s a regular lock or not. You got to puke? You're fine. Just try to breathe. I feel dizzy. Alright Just do it. Try to focus on your breathing Do you know if they're okay? What's that? Do you know if they’re okay? don’t know if they're ok. I know that some people were transported to the hospital. (inaudible). You're fine now? Okay. Wait. (inaudible). Going to go get you some water. (inaudible). What do I do if I have to puke? 02964 10 Ww 12 13 14 15 16 7 18 19 20 a 22 23 Steven: Steven: Park: Steven: Libarle: Park: Libarle: Park: Libarle: Steven: Libarle: Steve Libarle: Steven: Libarle: Steven: Libarle: Steven: Park: ‘What should 1 do? Just focus on your breathing. If you're not going to puke then you're not going to puke. (inaudible). Just take deep breaths in through your nose and breathe out through your mouth. (inaudible) ‘What's that? I said (inaudible). Has he been Mirandized? ‘Yes. Matt, Matt... Did anyone ask him about it? Can you tape that conversation over there. What’s that? I got a bottle of water. Hang tight, sit right there. Was there anybody else in the building with a gun, that you know of? No. No? Just you? ‘Nobody did anything wrong but me. Okay, but there’s nobody else though that might still be out there? My friends did nothing, ‘And nobody else had a gun though? No. Okay. I just want to make sure, that’s all ‘The one guy he had, a rock. I need to talk to them for a second. 02965 10 iT 12 1B 14 15 16 17 18 19 20 2 22 23 Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Steven: Libarle: Park: Libarle: ‘Yep. Don't make me. What's that? Do you want some water? You don’t have to drink it if you don’t want it. It’s cool, it’s okay. Okay. Thank you. Okay, you good? I'm sorry that I did this to you. It’s okay, we just want to make sure though there’s no other people with guns in there? No. That you know of? That I know of. Okay. It’s just you? You're the only one that did an Is everybody safe? . shooting. I don’t know but we just need to make sure there’s not another person with a gun somewhere. No. Okay. Where's your car? It’s up, out on the hill here. Up there? Okay. I'm trying to think of our route of how we want to go. 002966 10 ul 12 13 14 15 16 18 19 20 21 23 Libarle: Park: Libarle: Park: Libarle: Steven: Park: Steven: Park: Steven: Park: Steven: Libarle: Park: Libarle: Park: Libarle: Park: Libarle: Park: ‘Yeah, well if you want to just. Could you go get your car and then we'll come out here and we'll do a police escort. Yeah. That way. Yeah, that’s fine. Where are we going? We're going to go back to the, actually the Coconino County Center right now, okay? Okay, And we're just going to go talk over there. Okay? Okay, That's all we're going to go. (inaudible). ‘You want help buckling? And we'll talk to you. Yes. ‘You want help with the seatbelt? Tan do that. You good? Alright. So Steven, do me a favor, stand up and we're going to sit in this back seat right here. T'll to leave this water right here. ‘Thank you. 002967 15 16 7 18 19 20 21 22 23 24 25 Libarle: Pll get my car and I'll meet you right over here. I'll just meet you right over here. (end) CERTIFICATION |, Elaine Kaufman, do hereby certify that the foregoing transcript consisting of 1-5 pages, including this page, is a full, ue, and accurate transcript of the recording in this matter, all done to the best of my skill and ability. Dated: March 12, 2016. Top Notch Transcribers Elaine Kaufman Elaine Kaufman, Transcriptionist 002968 Exhibit B 10 u 2 B 14 15 16 7 18 19 20 2a 2 2B 24 25 Unsworn Interview of Steven Jones Taken October 9, 2015 by Northern Arizona Police Department Officer Kenneth Hunter and Officer Keegan Park State v. Steven Edward Jones Case# CR2015-00862 PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002743 Flagstaff, Arizona 86001 Telephone: (928}213-1040 10 nn 2 B 14 15 16 wv 18 19 20 21 2 2B 24 25 Audio Audio Audio Audio Audio Audio Audio Audio Audio File 1: p. 1 - 52 File 3: p. 108 File 4: p. 138 5: p. 176 File 6: p. 179 File 7: p. 179 File 8: p. 180 52 - 108 138 176 179 180 211 221 PERFORMANCE REPORTERS, Flagstaff, Arizona 86001 INC., 201 East Birch Avenue, Suite Gb2744 Telephone: (928) 213-1040 10 a 2 B 4 15 16 v 18 19 20 2 2 2B 24 25 ‘Audio File 1 Silence from 0:00:00 through 0:05:08. MR. How much longer do I have to be in here? OFFICER PARK: That's what we are waiting for. As soon as we find out, I will 1 t you know. I promise, you have my word on that. MR. JONE! oK. OFFICER PARK: OK. Do you have enough water? MR. JONES: Yes. OFFICER PARK: OK. I’m still waiting for my boss to -- so we can talk. OK. MR. JONE! Who? OFFICER PARK: My boss. MR. JONE! Who you talking to? Who, who -- what can we -- you and me? OFFICER PARK: I don’t know if it’s going to be me and you. I don’t know yet. But we will make that clear once we do start talking. OK? MR. JONES: How much longer do you think it will be? OFFICER PARK: Maybe another ten minutes. These types of things are -~ there are a lot of details. So we have to go through a lot of information. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OWQ745 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 v7 18 19 20 21 2 2B 24 25 MR. JONES: I’m scared. OFFICER PARK: You don’t be scared. You are ina safe place right now. So you just have to hang tight. You have some water. Do you need anything else? MR. JONES: No. OFFICER PARK: OK, so just give me ten minutes. OK? MR. JONES: Alrigi Silence 0:06:05 through 0:0: (Mr. Jones crying] [Mr. Jones knocking on door] MR. JONES: I don’t think I can be alone minutes. OFFICER PARK: OK, I can sit in here with you, Absolutely. MR. JONE: What’s your name? OFFICER PARK: Keegan. MR. JONE: Thank you for being nice OFFICER PARK: You're welcome. MR. JONES: The fireman asked me if my tooth was loose. I said no, but now it is. It’s a little loose inside there. Is that bad? OFFICER PARK: If anything changes with your medical situation, let me know so that we can have another PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002746 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 nn 2 B 14 15 16 v7 18 19 20 a 2 23 2 25 medical professional take a look at you. MR. JONES: Do you know if they are OK yet? OFFICER PARK: Whats that? MR. JONES: Do you know if theyre OK yet? OFFICER PARK: I don’t know. MR. ONE! : Do you know how many people got hurt? OFFICER PARK: Um, I want to say it was two, but I don’t have an exact number. Remember, I was in the cop car that was right there so I was the first one to see you. That's a. I know. MR. JONE Was that you with the rifle? OFFICER PARK: Uh-hmm. That was me. MR. JONE: I thought you were going to kill OFFICER PARK: No. MR. JONE jought they were going to kill me. I think they're all going to kill me. Everybody at school probably wants to kill me. [long pause] I’m sorry I made you do this tonight. OFFICER PARK: You don’t have to apologize to me. MR. JONE: I never felt like this before. I don’t know what to do. OFFICER PARK: Well, right now just focus on our breathing. OK. We're not I’m not going anywhere. You're not going anywhere. We just have to hang tight. Unless my supervisor tells me otherwise, we'll start PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02747 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 B 4 15 16 v 18 19 20 a 2 2B 24 25 talking tonight. MR. JONES: My dad said to call him before I talk to the police. Can T call my dad? OFFICER PARK: Yeah. Let me go find out and I will get all the information for you, OK? MR. JONES: I don’t want to call him. OFFICER PARK: You don’t want to cal, MR. JONES: What's he going to say? I was just walking home. [crying] [long pause] You ever think you're going to get shot before? OFFICER PARK: I have not, no. MR. JONE! I have. Oh God. OFFICER PARK: Steven, do you mind if I step out for a minute or two so I can find out how long until somebody can come over here and talk to us? MR. JONES: Do what you need to. OFFICER PARK: OK. Thank you. OFFI HUNTER: Hey Steven, what’s your phone number, young man. MR. JONE: ine? OFFICER HUNTER: Yeah, MR. JONES: 623-606-1122 OFFICER HUNTER: OK man, I am going to come in and talk to you. My name is Ken, OK? Go ahead and have a seat and I am going to come back in and talk to you in just PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 0b2748 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 a 2 B 4 15 16 7 18 19 20 2 2 2B 24 25 a couple of minutes. MR. JONES: Is Keegan coming too? OFFICER HUNTER: Keegan's going to be out here. Do you like Keegan? He’s a good dude. MR. JONES: I want to talk to him. OFFICER HUNTER: You want to talk to him? Sounds good. MR. JONES: I don’t know that guy. OFFICER PARK: What's that? MR. JONE! I don’t know that guy. OFFICER PARK: That guy, his name is Ken. MR. JONES: TI don’t want to be alone with him. OFFICER PARK: You don’t want to be alone with him? OK, I can sit in here. Ken works on my shift, it’s his normal day off. So he just came in to help us out. MR. JONES: So I fucked up his shifi OFFICER PARK: What’s that? MR. JONE: I fucked up his day off. OFFICER PARK: Oh no. You didn’t fuck up his day off. You didn’t do any of that. MR, JONES: What's Ken’s job? OFFICER PARK: What's that? MR. JONES: What's Ken's job? OFFICER PARK: Ken's actually my supervisor. And he -- his title is a Corporal. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oN2749 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 14 15 16 wv 18 19 20 a 2 23 24 25, MR. JONES: What's he do? OFFICER PARK: Same thing I do, he’s just a -- a supervisor of other officers. MR. JONES: So if he does what you do, why does he have to talk to me instead of you? OFFICER PARK: I don’t know if that’s the case. Tt could be all of us. MR, JONES: Can you stay inside? OFFICER PARK: You know I don’t know if I can yet. MR. JONES: [Unintelligible] [long pause] How old are you? OFFICER PARK: Twenty-six. I forgot when your birthday was, when was it? MR. JONES: I’m eighteen. Did you go to NAU? OFFICER PARK: I did go to NAU, yes. MR. JONES: e you married? OFFICER PARK: No, I’m not. That entails a lot of responsibility. MR. JONES: Lord knows a policeman has a lot of that. OFFICER PARK: Yeah. MR. JONES: Have you ever seen anything like this? OFFICER PARK: Not in real life just kind of TV. PERFORMANCE REPORTERS, INC Flagstaff, Arizona 8601 201 East Birch Avenue, Suite 02750 Telephone: (928)213-1040 10 u 2 B 1“ 15 16 v7 18 19 20 21 2 23 24 25 MR. JONES: (Unintelligible] Did you graduate? OFFICER PARK: Say that again? Did you graduate? OFFICER PARK: I did graduate. MR. JONE: What did you major in? OFFICER PARK: It was criminal justice. How far are you into your degree? MR. JOD It doesn’t matter. OFFICER PARK: Well you are asking me questions, I can ask the same ones. MR. JONE I just started school four weeks ago. OFFICER PARK: Four weeks ago? MR. JONES: I was st in high school. OFFICER PARK: Which high schoo: It was called The Mountain Ridge. Mountain Ridge? You play a sport there? MR. JONE Baseball. OFFICER PARK: Baseball. They just, maybe three, four years ago, they reclassified the structures of how they classified the school training programs. Like it used to be 1A was the smallest and 5A were like the biggest schools. MR, JONES: [Unintelligible] OFFICER PARK: Did you, do you know what PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002751 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 vu 18 19 20 2 2 2B 24 25 10 ‘classification you were? Mountain Ridge? MR. JONES: No, we had like two-thousand kids. FICER PARK: Two-thousand kids, OK. MR. JONES: Everybody loved me there, OFFICER PARK: Yeah, what position did you play? MR. JONES: Short stop. FICER PARK: That’s @ very popular position. OFFICER HUNTER: Can I talk to Keegan real quick? OFFICER PARK: 1/11 be right back. [long pause] OFFICER HUNTER: Steven, is it OK if Keegan sits out for a minute? My name is Ken, I am with NAU police department, or would you prefer him to be in here? I know that you guys have already developed kind of a relationship and a bond there. So -- MR. JONES: If he has to go. OFFICER HUNTER: Yeah, he’s kind of a busy guy right now. That's you, right? MR. JONES: Yeah. OFFICER HUNTER: This is your wallet? MR. JONES: Yeah. OFFICER HUNTER: OK. BY OFFICER HUNTEI Q. I understand you are an NAU student, huh? How long have you been going to NAU? MR. JONES: Four weeks. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02762 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 v7 19 20 21 2 2B 24 25 a Q ‘our weeks. Liking it so far? MR. JONES: No. Q. No, how come? Um, I am going to talk to you. But before I do that you have the right to remain Keegan already read you these rights, right? MR. JONES: Yeah. Q Do you remember what they were? MR. JONE! Silent, can be used against you. ° OK. Let me re-read them to you, just in case. Alright? You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to consult with an attorney and have an attorney present during questioning. If you cannot afford an attorney, one can be provided at no cost to you. Do you understand those? MR. JONES: Yeah. Q. Yeah? OK, at 3:04. MR. JONES: 304 what? Q. 3:04 in the morning. MR. JONES: Is it? Q. Yeah, what time did you think it was? MR. JONES: Twelve. Q. Twelve? OK. How old are you? MR. JONES: Eighteen. °. Eighteen, when do you turn nineteen? PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002753 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un 2 B “ 5 16 v7 19 20 2 2 2B 24 25 2 MR. JONES: December. Q. OK, so you been going to school for how long? MR. JONES: Four weeks. Q. Four weeks at NAU. Where did you go to school before that? MR. JONE! A year at Mountain Ridge, I was home schooled before that. @ How long -- so you were home schooled all the way up till your senior year in high school? MR. JONE. I went to a home school coop, which is like a private school. @ OK. How many students were in that one? MR. JONES: Five hundred. Q Holy cow. Did you actually go to a building MR A campus. ° OK. Did your parents -- how did that work? MR My mom home schooled me, then I supplemented with that. Q. OK, How long did you go there a day? MR. JONES: Three days a week for five or six hours. Q. Three days a week for five or six hours? OK. What happened tonight? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002754 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uw 2 1B 4 15 16 v7 18 19 20 2 2 2B 24 23 B MR. JONES: I don’t think I should answer that without calling my dad first. Q. You want to call your dad? MR. JONES: I don’t want to. [crying] Q. OK. MR. What's he going to say? @ What's he going to say? Well, I don’t know. MR. JONES: [crying] I'm sorry. @ It's OK. MR. JONES: Thank you for being nice. Can I have a second to think? Q Sure. What happened to your hand? MR. JONES: Somebody kicked it to the ground. Q Somebody kicked it to the ground? OK. MR. JONES: Should I call an attorney? Q That's up to you. So -- MR, JONES: I’m not an adult. Q You are, you're eighteen. So I’m not here to -- I am just here to get the facts. MR. JONES: OK. @ You understand what I am saying? Like I can’t change anything. I am just trying to come to an understanding of exactly what happened and what’s going on. So that’s why I’m here. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002755 staff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 B 14 15 16 7 18 19 20 a 2 23 24 25 4 MR. JONES: OK. @ So, and I would like to know your perspective. MR. JONES: OK, is there a video camera in here somewhere? Q Uh, yeah MR. JONES: There is? Q Uh-huh. MR, JONES: I don’t want my mom to see me like this. Q. OK. Do you have any brothers and sisters? MR. JONE! @. No. What do your folks do? MR. JONES: My dad works at Palo Verde Nuclear Plant. Q Yeah, what does he do there? MR. JONES: He’s an I and C Technician, Q. What does I and C stand for? MR. JONES: Information and control. Q OK, what about your mom? MR. JONES: She was a software engineer, but she quit to home school me. Q OK. MR. JONES: Do you know if those guys are OK? @ I don’t. I just got here. So I was at PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite G02756 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 a 2 B 4 15 16 v 18 19 20 2 2 23 24 25 15 home asleep. MR. JONES: I’m sorry to wake you up. Q Oh, no. Like I said, I am just trying to figure out what happened and get to the bottom of MR. JONES: I was walking home. Q OK. MR. Iwas with Jake and um -~ Jake and Shay. Q Is Shay a girl or a boy? MR. JONES: Boy. Q OK. MR. JONES: We were standing in front of this house and we got up to leave and like ten or twelve dudes came out. And they started like talking shit and get the fuck off our porch, We just decided to turn around and walk away. [crying] Oh God, I’m sorry. Q OK, how did you guys end up there? MR. JONES: We were at a friend’s house. @ Do you know who -- does your friend live up there? MR. JONES: I don’t know who it was, it wasn’t my friend. @ Whose friend was it? MR. JONES: One of the guys. We were just going to their house to hang out. We hung out for a little bit PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002757 Flagstaff, Arizona 860i Telephone: (928}213-1040 10 uw 2 B 4 15 16 v7 18 19 20 2 2 2B 24 25 16 ‘and we left. Q So you had actually gone to that friend's house? MR. JONES: Yeah. Q. Where was that at? MR. JONES: It was in the Grove. Q. OK, s0 you guys were over at the Grove? MR. JONES: Yeah. @ OK. Do you remember what time you left? MR. JONE I thought it was like twelve or twelve thirty, I don’t know. Q. OK. MR. JONE! My phone was dying so I wasn’t looking at the time. Q So how did you -- when you left the Grove, do you remember what apartment it was? MR. JONE: No. Q OK. Whose friend was it? MR. JONE: It was a girl. Q Oh, it was a girl? MR. JONES: She had a few guys from class over and a few of her friends. We were playing Guitar Hero. Q. OK. How many people were over there? MR. JONES: Ten or twelve. Q Did you know any of them? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite Ob2758 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uw 2 B 4 15 16 v7 18 19 20 2 2 23 24 25 v7 MR. JONES: I knew of them, acquaintances. Q OK. MR. JONES: Like I knew the guys I went with and then a couple of the girls there. Q. OK, who are the girls that were there? MR. JONES: I don’t know. Q You don’t know? How did you know them though? MR. JONES: They were in the sorority that was friendly with my fraternity. Q OK. So you belong to a fraternity? MR. JONE: No, I just started trying out, really. I think it was just a week ago. Q. OK. ‘What fraternity? MR. JONES: Sigma Chi. ° Sigma Chi? MR. JONES: Yeah. 9 OK. So are they doing their active recruiting now? A. [no audible response] Q OK. MR. JONES: So I was a pledge. @ You were pledged, and you got into that about a week ago? MR. JONES: Yeah. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002759 Flagstaff, Arizona 86001 Telephone: (928}213-1040 10 uu 2 B 4 15 16 v7 18 19 20 2 22 23 24 25 18 o How has that been going? MR. JONES: Good, I didn’t think I was going to enjoy college until I those guys because they were all so nice and smart, and they made me want to stay here. Q Awesome. Where do they -- do they live out of Mountain View? MR. Yeah. Q They do? MR. JONES: Yes ° OK. Do you know what wing they are in? The Sigma Chi wing. ° ‘The Sigma Chi wing, but you don’t know what Fifth floor. Q OK. Do you know what side of the building? They break it down. It is kind of like A, B, C. MR. JONES: I don’t know anything about Greek life. I am brand new. Q Brand new, OK. A week old. So, what happened? So you leave your friend’s house. So you were over there playing Guitar Hero. MR. JONES: We were walking back «1 my car because I parked at Mountain View. parked at the Grove. we realize that Hunter’s not with us anymore. Cause I'd get towed if We passed by this D Chi house and So we PERFORMANCE REPORTERS, INC., Flagstaff, Arizona 86001 201 East Birch Avenue, Telephone: suite 02760 (928) 213-1040 10 uw 2 B 4 15 16 v 18 19 20 2 2 2B 2 25 19 Stopped in front of the D Chi house and tried to call him. We were like call that asshole -- call that idiot, where is he? It hurts to talk about. Q. OK. MR. JONE! Then ten or twelve D Chi guys rushed out of the house and they surrounded us. Q When you say D Chi, is that? MR. JONES: Delta. Q Delta Chi, OK, Where is that house at? MR, JONES: I don’t know. Q OK, but it is on the way, Is it on NAU property? MR. JONES: No. Q No, what’s it by? MR. JONE: It's the North Campus. Q. It's North Campus? MR. JONES: It’s north of the campus by a road. Everybody says the D guys are dangerous. @. So who walked over there with you? MR. JONES: Walked over where? Q. To the Delta Chi house. MR. JON oh, we weren’t at the Delta Chi house. We were at a house that -- I’m sorry. The Delta Chi’s have a house. We were at a member of Delta Chi’s house. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002761 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uu 2 B 4 15 16 ” 18 19 20 21 2 2B 24 25 20 (Ome OnOn® MR. JONES: Tt was just by the Mountain View, but we didn’t know it was a member of Delta Chi’s house. and we weren't inside, we were just out on the sidewalk by it. Q. OK. How did you guys know it was a Delta Chi or affiliated with Delta Chi house? MR. JONES: Because we saw a couple of guys walking around that were Delta Chi’s. Then when they came out, they had Delta Chi shirts on. (Oe Oke MR. JONE Ten or twelve guys and they all started yelling at us. Q. What were they saying? MR. JONE: Things like get the fuck out of here. Why you talking shit. 1/11 fucking kill you, you fucking pussy. They were getting right in our faces. Q. Who was with you at that affiliated Delta Chi house? MR. JONES: Jake and Shay. Q What's Jake's last name? MR. JONES: Mike. Q Jake Mike, and what is Shay’s last name? MR. JONES: McConnell. Q OK. So, they -- you guys -- is it an apartment or is it an actual stand-alone house? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02762 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 2B “ 15 16 v 18 19 20 21 2 23 24 25 2 MR, JONES: I’m reasonably sure it is @ house. Q. Reasonably sure it is a house. OK. When you guys were over at the Grove, did you guys imbibe on any alcoholic beverages? MR. JONE: : The girls were, they had beers. I had a sip of my friend’s beer, but I knew I was driving and couldn’t afford to have any alcohol in my system. Q. OK. MR. JONES: Smoked a lot of cigarettes though. ° Any drugs like weed or anything like that? MR. JONES: Not to my knowledge. Q Well you would know if you smoked marijuana, right? MR. JONE: int smoke weed. I Oh shit yeah, don’t think my friends did eithe: Q But you didn’t, per se. MR. JONES: I don’t smoke weed. Q. You don’t smoke weed at all? MR. JONES: No. Q. OK, anything else like ecstasy? MR. JONES: No drugs. Q No drugs at all, so just like one sip of beer. MR. JONE: I was the sober one tonight, and my friends were staying sober anyway. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02763 lagstaff, Arizona 86001 Telephone: (928}213-1040 10 1 2 B 4 15 16 v7 18 19 20 a 2 2B 24 25 2 Q OK, so then what happened, what kind of beer did you take that sip of? Do you remember what it was? MR. JONES: Miller light I guess, I don’t know. @ So it was kind of a lower end beer? MR. JONES: Shitty college beer. Q OK. So you guys leave and it is you, Mike, and Shay. No, you, Jake, and Shay. Was there anyone else with you? MR. JONES: No, just us. Q. OK. Who is Hunter? MR. JONES: Hunter was with us at the girl’s place, but he stayed behind to talk to a girl. We didn’t realize he was gone until we were in front of the Delta Chi house. Q. OK, so it was just you three that left the Grove. MR. JONE! Yeah, we were chilling out on the sidewalk in front of that house. @ OK, when you say chilling out, what does that mean? MR. JONES: We were just standing there trying to get Hunter on the phone, talking about the stars. Q. OK, pretty clear tonight. Huh? MR. JONES: Yeah. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OZ764 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 nu 2 “4 15 16 wv 18 19 20 21 2 23 24 25, 2B @. OK. Who was calling Hunter? MR. JONES: Jake or Shay, not me. 1 was just standing there looking at the stars. @. Not you, did they ever make contact with Hunter? MR. He texted him, and then he never texted back. Q. OK. MR. JONES: He probably went back to Grove. Q But he never left, right? MR. JONES: No, he left with us but he fell behind when we were walking. @. OK, where did you guys end up losing him at? MR. JONES: 1 don’t know. @. Obviously before you got to the house. MR. JONE! Yeah. Can I trust you? Are you ying to trick me into -- ° I’m trying to -- I already told you why I’m here. So I am not -- I am here to get the facts. MR. JONES: I don’t think you are a bad guy. ° I'm not trying to be. Like I said, this is your version of what happened. And that’s what I am tri ig to get. MR. JONES: OK. PERFORMANCE REPOR’ Flagstaff, Arizona 86001 Telepho S, INC., 201 Bast Birch Avenue, Suite 002765 (928) 213-1040 10 uw 2 B 14 15 16 wv 18 19 20 2 2 2B 24 25 24 o OK. So you don’t have to talk tome. But like I said, I am here to get the facts, and I want to find out what happened and how this all -- so it doesn’t happen again. Alright? I mean, you seem like a decent dude. You OK? MR. JONES: I’m sorry, I'm fine. Q. ‘That's what I’m trying to figure out. MR. JONES: Can you tell me if those guys, the D Chi’'s are OK? Q I don’t know. So. I’m here talking to you. Like I said, I haven’t lied to you once. MR. JONE: I haven't either. bi te that. I was at home Q. OK, and I appre asleep and they call me ii I’m sorry. ° Oh you know, it is the nature of the beast, the nature of the business I should say. So that’s what I am trying to figure out. I mean, so it is up to you. MR. JONE! I’m just worried. Because like you know on TV, cops are always trying to trick you. Q. How have I tricked you at all? MR. JONES: No. Q I'm just trying to get the facts. You said Hunter is at the apartment. Then he left with you but fell behind. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002766 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 7 18 19 20 2 2 2B 24 25 25 MR. JONES: Let's get this straight then. @ That’s why I am asking all the silly questions. MR. JONES: Can I shake your hand? ° Yeah, absolutely. Alright. So you guys are standing outside on the sidewalk. Are you guys on NAU property at that time? MR. JONES: [No audible response] Q. You're not, OK. MR. JONES: Can you take these off? Q I don’t have a key. But yeah, let me see if I can find Keegan. Are they hurting at al MR. JONES: Yeah. @. Oh OK, you got that little owie there. MR. JONES: Thank you. ° Yeah, you aren't going to try anything silly are you? MR. JONES: Me? I’ve never been in a fight in my life. 2 OK. Alright. MR. JONES: Thanks. Q. So do you think that those Delta Chi guys identified you as a member or a pledge of Sigma Chi? MR. JONES: No, they would have had no way of knowing. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002767 Flagstaff, Arizona 86001 Telephone: (828)213-1040 10 u 2 B 14 15 16 v 18 19 20 21 2 23 24 25. 26 Q. They had no way of knowing? OK. So they were just more generally upset that you were standing on their property? MR, JONES: On the sidewalk. I mean they were obviously very drunk. They were yelling and very loud and saying all kinds of stuff. Q. What were they saying? MR. JONE Get the fuck off my porch, I’m going to kill you, you pussy, bet you couldn’t fight for shit, get out of here and go back to the freshman dorms, fucking faggot. Q OK. Was there any one in particular that was more aggressive? MR. JONES: I don know. Right as they come out and start saying all that, I got clocked in the face. He st fucking rocked my world. I had no idea what was g g on. My glasses fell off. I could barely see. 1 was like stumbling and bleeding. It was awful. Then I just ran as fast as I could. Q OK. Did you get knocked down to the ground at that point? MR. JONES: I think I caught myself but it is so fuzzy. Q So you just nas fast as you could. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite O2768 Flagstaff, Arizona 860: Telephone: (928)213-1040 10 u 2 B 14 15 16 v 18 19 20 21 2 2B 24 25 7 MR. JONES: Yeah, I don’t remember where. Q OK. How many times were you hit at that point? MR. JONE! : I got clocked once, then when I was running away somebody tried to grab my shirt. Then when we got to Mountain View and they had my buddies, my buddies couldn’t go anywhere. They’re smaller than me so they are obviously going to get like fucked up. So I went over there to try to help them. Q. Where was this at? MR. JONES: Right in front of like -- do you know the parking lot in Mountain View? Q. Yep, that big one? MR. JONES: Yeah. Q Can you draw a map? MR. JONES: Yeah. Q OK. MR. JONES: I mean it’s not going to be very accurate because I can’t remember very well. Q Absolutely. That’s understandable. MR. JONE: I was scared shitless. Those guys were huge. Ore Yeahs MR. JONES: Here is the D Chi house, over here somewhere. Here is the parking lot, and here's the PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002769 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uu 2 B 4 15 16 v 19 20 aa 2 23 24 25 28 Mountain View and there’s the sidewalk here. We were standing over here and as we start walking over here. As we start walking away they all come out of the house. Q. OK. Were you actually on their property? MR, JONES: No, I was on the sidewalk. 9. You were on the sidewalk? OK. Is the sidewalk private property? Q No, that belongs to everybody. MR. JONES: OK, yeah, we were on the sidewalk. Qo. OK. MR. JONES: Then we start walking across the street to come to the parking lot and then they all pour out of the house and come after us and start talking shit. (On Oke MR. JONES: Then I get clocked, I run as fast as I can over here and they were right behind me. Q OK, how many of them were right behind you? MR. JONE: Three or four, I don’t remember. Then all the rest were on my buddies. I was scared and they were scared. They were prevent -- like they couldn't run anywhere I don’t think. Q. Where were your buddies at, at that time? MR. JONES: They were behind me here somewhere. Like being -- I don’t know if they were getting hit but they were being prevented from leaving. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OW270 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 3 4 1s 16 ” 18 19 20 2 2 2B 24 25 29 @. OK. How were they being prevented, describe that to me? MR. JONES: I don’t know. My glasses were off. I couldn't see shit. Q. OK. MR. JONES: But it looked like they were grabbing them, they were just really close. Q. OK. Did you actually see them touching your friends? MR. JONE Yeah, a lot. Q. OK. How were they touching them? MR. JONE I don't know, my glasses fell off. But I don’t know, I remember seeing one guy grab Shay’s shirt, and they were obviously talking shit. Like they are going to get physical. Q. That's my phone. Sorry. Let me turn that down, MR. JONE: Sorry. So after that -- they drill into us at pledge ship, never leave your brothers. Never leave your brothers no matter what. Those are the only guys that have been nice to me since I moved up here. I owe them everything. Q. OK. MR. JONES: So I tried to go back over here I guess, and see what's wrong. But then these two guys start PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 00271 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 2B 4 15 16 v 18 19 20 21 22 23 24 25 30 Tunning at me. My car’s like right here, so I run to my car because I am going to try to jump in my car and drive it over here and pick them up and drive away. Then I couldn't find my keys and I was panicking because they are going to get to me before I can start the car. And I panicked. So I grabbed my gun out of the glove box. Q Was your car unlocked or locked at that time? MR. Locked. Qo. OK MR I never leave my car unlocked up here. But my keys, the FOB is here. Q. OK. MR. JONES: I realized after they put the handcuffs on that my car keys were in my pocket but didn’t know that at the time. Q OK. MR, JONES: I unlocked my car. So when I was running to my car from these guys, I reached in my back pocket and unlocked my car and I also set off the alarm. Q OK. MR. JONES: I get in my car and I am sitting in there, I see them coming at me so I like panic and I freeze for a second. I can’t find my keys. I’m not going to start it in time. I’m thinking oh my God. I got out my PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002772 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 v7 18 19 20 21 2 2B 24 25 31 gun and yelled, I have a gun. Then I racked the slide. 1 turned on the flashlight and pointed at them and said, I have a gun, don’t fucking move. And then -- [unintelligible crying]. Q Where were those two guys at that time then? MR. JONES: I was right here in front of my car and they were right here running at me. I said I have a gun don’t fucking move, leave them alone. He said, I am going to fucking kill you. Two of them ran at me as fast as they could and -- they were like -- [crying] 0. What happened then? MR, JONES: [No response - crying) Q. — Let’s back up a minute, OK? MR. JONES: OK. Q Where was your gun in the car? MR. JONES: It was in the glove box. Q Tt was in the glove box, OK. MR. JONES: It was in the little case. Q OK. What kind of gun is it? MR. JONES: A Glock 22. Q A Glock 22, so what kind of caliber is that? MR. JONES: Forty caliber. I shot competition with it back home, PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 02773 Flagstaff, Arizona 66001 Telephone: (928) 213-1040 10 a 2 B 4 15 16 v7 18 19 20 21 2 23 24 25 32 ° OK. So you are @ shooter? MR. JONES: Yeah, I shot sport pistol competition at the range with my dad. chance? Q. OK. How many rounds were in the magazine? MR. JONES: It was full. Q. OK. What kind of car is that? MR. JONES: That's my red mustang. Q. Red mustang, what year is it? MR. JONES: ‘08, ‘07. @. 2007 red Ford Mustang? MR. JONES: Yeah. Q. OK, do you know the license plate number by MR. JONES: No. Q. Did you ever get inside your car? MR. JONES: Yeah. in it to try to drive away and pick up my friends. Q OK, tell me about that. MR. JONES: Well if this is the front seat... Q Front seat where? MR. JONES: In my car. Q Drivers side, passenger side, what? MR. JONES: Drivers side. Ch = Os MR. JONES: So, my car is facing this way and PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite G02774 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 v 18 19 20 21 2 23 24 25 33 Mountain View is there. So I run to my car, I swing open the door and sit in the front seat. @. OK. So your car is facing this way. MR. JONES: Yeah. Q. So your driver side door is right here, am I understanding that right? MR. JONES: Yeah. Q OK, I am going to draw like an arrow. that OK? MR. JONES: Yeah, that’s cool. Q So it’s facing that way. MR. JONES: Yeah. Q OK so you actually get into the car. Do you close the door? MR. JONES: I don’t remember. Q OK. MR, JONES: I -- I think so, but I don’t know. Q OK. So what happens when you get in the car? How long do you think you were in the car? MR. JONES: Four or five seconds. Q Four or five seconds. MR. JONES: They are running at me, like I don’t have a lot of time. I panic and I can’t find my keys because I don’t know where my keys are -- [crying Q- Sure. So you are in the car at that point PERFORMANCE REPORTERS, INC., 201 Hast Birch Avenue, Suite 002775 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3B 4 15 16 7 18 19 20 21 2 2B 24 25 34 ‘and where were those guys when you were sitting in the car, can you draw on there where they were? Can you estimate the number of feet you think they were from you? MR. JONES: Um ~: Q When you were inside the car? MR. JONES: I didn’t look back. I didn’t have time to look back. I was running as fast as I could, but when I started running from here they were right behind me. When I got to my car I looked to my left I saw both of them but don’t have my glasses on so I didn’t know how far exactly, but they had been running after me when I was over here. Q. OK. How close were they? mR. Um -- like when? Q. ‘There when they started chasing you from right there. mR. Right on my back. Q Close enough to where they could touch you? MR. No like maybe five or ten feet. Q. OK. MR. Like close, like... Q OK. MR. I was so scared. I have never been in a position at before. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OW776 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un 2 2B “ 15 16 ” 18 19 20 a 2 23 24 25 35 MR. JONES: I was scared. They were saying we're going to kill you, pussy, faggot. [crying) I thought I was going to die. Q OK. So you were in the front driver seat of the car. And you get your Glock out. MR. JONES: Yeah, I couldn’t start the car, and I knew I didn’t have enough time so I assumed I was going to have to defend myself. So I got the gun out. ©. OK, does it have a light on the gun? MR. Yeah, it’s got a flashlight TLR-1. Q. From Streamlight? mR. Yeah, my dad bought it or my ex- girlfriend bought it for my birthday. Q. OK, Alright. So then what happened when you grabbed the gun, you still in the front seat of the car? MR. JO! Yeah, so I rack a round in the chamber, and I can’t see shit, it’s dark and there are people screaming and my glasses are off. So I was like I need to get closer. You know. So I lean out the window and I’m like don’t move, I have a gun, stop. I don’t know. I was panicking. Then I look over and I see Shay and Jake surrounded by guys. So I was like, I have a gun, I have a gun. I ran over there, like I didn’t run over there I - if Shay and Jake are right here, I was getting out of the car PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002777 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 3B 4 15 16 v 18 19 20 2 22 2B 24 25 36 and these guys were right here, the D Chi’s -- It is so hard to remember. [crying] I got out of the car and stood in front of my car like maybe two or three feet right in front of the door and I had my gun. And I was like, don’t fucking move, I have a gun. They were all like -~ there were like four or five guys on Shay and Jake, so I was like if I shine the flashlight on them they'll get scared. So 1 shine the flashlight on them and say, don’t fucking move, 1 have a gun, stop right there. Then those two guys just charge me, run right at me, like I’m going to kill you, pussy. Q. OK, do you know who they were? MR. JONE: No. That's what made them so scary, I don’t know these guys for shit. Why would they even try to chase me, why would they do this to me? I don’t know them. @ Ah-huh, so that happened, like the inju: to your face when did that happen? MR. JONES: I got clocked right outside the house. Q OK. MR. JONES: And that is when I started running. Q Where did you get hit at? MR, JONES: The first time -. Q Yeah, the first time. Explain that a PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002778 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 7 18 19 20 2 2 2B 24 25 37 little bit more. MR. JONES: In the street in front of the house. Q. OK, so but describe to me how you got hit. Explain that a little bit better. MR. JONE: : I don’t know, all the sudden there are ten or twelve guys on top of us yelling shit at us and the next thing I know, bam. Q. So where did you get hit? MR. JONE! Right here on this side. Q. On your right side of your face? MR. JONE! I’m pretty sure, I don’t really remember. It was just dark all of the sudden and then really light. Q OK, then what happened after that, what did you do? MR. JONE! I stumbled, I fell, my glasses came off at some point. I was running as fast as I could towards Mountain View, then I remember that I can’t get into Mountain View because I don’t have a card. I was going to originally run to Sigma Chi’s because they can protect me. But I couldn't get into Mountain View because I didn’t have a card to get in the door. So I stopped here and they all caught up with me. And then after -- all the like I forgot about -- I forgot I had a gun. I forgot these guys didn’t like me. I was like, oh my God. I go PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002779 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un 2 B 14 15 16 7 18 19 20 an 2 2B 24 25 38 over here and start screaming, oh my God, oh my God, stay with me, don’t go, don’t go, stay with me buddy. He was on the ground. I rolled him over on his side and I applied pressure. I was like, stay with me, stay with me, why the fuck did you do that, stay with me. Some guy ran up behind me and tried to grab my gun, like I tucked in my pants, then I grab my gun and then five or six or ten guys piled on top of me. One guy clocked me in the head, and another guy stomped me. They are yelling fucking psycho I’m going to kill you. I thought I was going to die, I thought they were going to get my gun and kill me. Q. Sure. How many rounds did you fire? MR. JONE: I don’t know, I just remembered my training. My dad trained me, he said fire to stop a threat to kill. He said fire until you are not in danger. Qa CK MR. JONE! So as soon as I saw the first guy stop moving I went to the second guy, he was still coming at me. So I -- oh fuck. ° Do you know where you shot? I mean you're a pretty good shot right? MR. JONES: No, I was panicking, my trigger finger was -- I couldn't see my glasses were like -- I just kind of put the light on them and hoped for the best. Q OK. Do you know how many shots you fired PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002780 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 ” 18 19 20 2 2 2B 24 25 39 ‘at that first individual? MR. JONES: No, I wasn’t trained to count shots. Q OK. MR. JONES: I I could only remember my training. Q OK. What about the second individual? MR. JONES: Less, I’m pretty sure. Q Less? What happened with him? MR. JONES: He went down. Q. He went down. MR. JONES: Like he wasn’t -- until he stopped being a threat to my life. He was running at me, he was staring right at me, he was saying he was going to kill me. I was afraid for my life. ought I was going to die. Q. OK. Did you shoot at anybody else then? MR. JONE: I think I might have when I was on the ground and they were all trying to pummel me and grab my gun. I shot in the air to try to get them to run away from me scared. Qo Oke MR. JONES: I was screaming help, help, help. They were all on top of me, I was afraid they were going to grab my gun and shoot me. They were kicking me repeatedly. I grabbed my gun and I just put it in the air. Q So what happened after that? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002781 Flagstaff, Arizona 860! Telephone: (928]213-1040 10 a 2 B u 1s 16 7 18 19 20 21 2 2B 24 25 40 MR. JONES: Oh God, I’m sorry if I'm - [hyperventilating] Q. It’s a big deal, you know. It is a lot to go through for such a young man. So you are certain there were only two guys that chased after you to the car? MR. JONE: : No, there might have been more. But there were only two guys that rushed at me after I told them I have a gun. I thought they were going to kill me. Q. Why do you think that? MR, JONES: Why do I think that? Q Yeah, why do you think there could have been more? MR. JONE! Because it was dark, and I didn’t have my glasses. There were so many people and I was running scared for my life, I didn’t have time to do a body count. I was just like, oh my God. Like I knew there were people chasing me so I ran, I didn’t know how many there were. There might have been two there might have been five, I don’t know. ° OK. Did you give aid to the second person that fell? MR. JON Eight what? Q. Aid like medical aid, or did you try to help him at all? MR. JONES: No, he already had people helping him PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002762 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a R B 4 15 16 wv 18 19 20 21 2 2B 24 25, a ‘and he was only shot in the an Q He was only shot in the arm? MR. JONES: That's what it looked like, and he already had a bunch of people around him and I didn’t want to scare them. Because I know that they knew -- I didn’t want them to be scared of me and run away. @ OK. So then what happened after that? So those guys come over and they try to take the gun and take you down and what happened? MR. JONES: They were like punching me and kicking me like, you psycho I’m going to fucking kill you. Qo. OK. MR. JONES: So I am like clutching the gun for my life, because I am so scared they are going to take it and kill me with it. They are saying they are going to kill me. Oh man, my hand is numb right here. Q OK. I have to sneeze so bad. MR. JONE! Q Have a sip of water. Maybe that will help. Take a deep breath like. MR. JONE: Can Keegan be in here? Q. I don’t know if he is still here to be honest with you, He may have got called out on something else. MR. JONES: OK. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002783 Flagstaff, Arizona 86001 Telephone: (928}213-1040 10 a 2 B 4 15 16 v7 18 19 20 21 2 2B 24 25, 42 Q So tell me what happens after that. You dropped the first guy. MR. JONES: You shoot the first the victim. Don’t say that, that sounds so bad. Q the second guy. MR. JONE: OK. You shoot the first guy. You shoot Then what happens after that? all blurred but I : It's like kind of remember I immediately like looking to see if anybody else was coming at me. second. went over to I tucked the gun in my pants at some point and I They weren’t so I kind of froze for a the first guy and I tried to render aid. I like flipped him over because I have first aid training. 1 was like, fuck did you do stay with me buddy come on. I was like why the that. What the fuck, stay with me. I was like pressing on his neck. a. MR. JONE him by the neck held him by the he was shot at, Where was he shot at? Well I flipped him over and I grabbed like this and like, stay with me buddy. 1 neck and I saw blood. I don’t know where I have no idea. Q Where did you see blood at? MR. JONES: In this area. Q. OK. MR. JON So I put direct pressure on it, just hoping. ‘Then some guy runs up behind me and does this thing and tries to grab my gun. That’s when everybody PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite OU27e4 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 v7 18 19 20 21 2 2B 24 25 43 piled on top of me. I shot in the air to get them to get the fuck away from me. Q. How many times? MR. JONES: I don’t remember, enough to get them to run. Q. OK. MR. JOD I wasn’t trying to hurt anybody. I wasn’t even aiming at anybody. I just aimed in the air so like enough to get them to run. Q. OK. So those guys, you said they ran, right? MR. JONES: Yeah. @. OK, so what happened after they ran? MR. JONES: I was over here I think, in the parking lot maybe. He ran this way. Q. Who dia? MR. JONES: The guy that tried to grab the gun, and all the rest of the people just disbursed. Ga Oe MR, JONES: And then some guy came out of Mountain View. Is Keegan really gone? Q I don’t know. MR. JONES: Can you find out? Q. Sure. MR. JONES: Thank you, I’m sorry. PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002785 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 ” 18 19 20 21 2 2B 24 25 44 @ No problem, hang tight. It’s OK if he comes in and sits in? MR. JONES: Yeah. Q OK. He's still here. [Officer Park enters the room) MR. JONES: Hey. Q So a guy comes running out of Mountain View? MR. JONES: I don’t know where he came from. Q Oh OK, so tell me about hin MR. JONES: Just some guy wearing a flannel maybe. Comes up behind me and does this and goes’ for my gun. So I grab it and make sure nobody else can get it and keep it in my pants. Everybody piles on me kicking me and punching me. I get clocked a few more times and they’ re saying I’m going to fucking kill you. I think they are going to take my gun and kill me with it. So I'm like holding onto it for dear life. They are all kicking me and screaming at me, you fucking psycho, going to kill you, what the fuck. Finally, I realize that with all these people and this guy with his knee in my back or wh ver, m never going to get out of this and they are going to kill me if I don’t get them to go the fuck away. So I get the gun out and I fired a shot in the air, however many, maybe more and they all disbursed. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002786 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 2B 4 15 16 v7 18 19 20 2 2 23 24 25 4s Q OK. MR. JONES: So I have the gun at the low ready and I’m searching around to make sure nobody else is coming. Something happened after that, I don’t know. Some guy with a beard and a flannel comes out. I thought I recognized him, he seemed calm and polite and I could trust him, He said, hey are you safe. Do you want to put the gun down? I can guard it for you, nobody is going to get it from you. Put the gun down, you are safe. I was like, oh my God, thank you. Q So what did you do? MR. JONE: I put it down behind him and let him Q. So describe him for me. MR. JONE: Um, combed over blondish reddish hair, with a beard, and a darker, maybe brown flannel. Q OX. What color was the flannel? I’m sorry. MR. JONE! Maybe brown, everything is brown under those lights. OFFICER PARK: Yeah, that’s understandable. Q About how tall was he? MR. JONES: Maybe my height or a little taller, a Little smaller. ° So what happened after that? PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002787 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a R B 1“ 45 16 wv 19 20 aa 2 2B 24 25 46 MR. JONES: I heard sirens, I was trying to get myself up. The police are here. I’m safe. Nobody's going hurt me. I’m safe so I came over, and Mr. Keegan arrested @. Mr. Keegan arrested you there at that time? MR. JONES: Yeah. I was so relieved. Q. OK. You don’t remember how many rounds you fired off, huh? MR. JONE: I was trained by my dad, who is an NRA certified instructor, former sheriff's posse, and Navy. Iwas trained to fire until it is not necessary to anymore. I don’t count rounds, I just fire until he is not a threat to my life. Q. OK. What happened -- did you ever see your friends there again? MR. JONE: Yeah, after the whole thing. Q. Jake and Shay. MR. JONES: Yeah, um, during the thing I think I saw them over here. Obviously when there are ten people piling on you, you can’t see anything. Then when they disbursed, T saw them over here maybe like ducking behind a plant or something. @. OK. And then what? Have you talked to them since? MR, JONES: No, I couldn't really. Are they OK? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02788 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 v7 18 19 20 2 2 2B 24 25 a7 @ I don’t know. Do you know? OFFICER PARK: I don’t know. Q. Everything went pretty fast so. MR. JONES: Holy shit. Q. How long do you think that whole -~ MR. JONES: From the time we were at that house? Ques yeahs MR. JONE! Ten or Fifteen seconds. Q. Alright. You were saying that your hand hurts, Do you have any other injuries? MR. JONE: When I was on the ground, a guy put his knee in my back. I don’t know if it was a kick or a punch but I got clocked right here. QO. OK. MR. JONES: Then some guy like grabbed my hand and like twisted it as hard as he could. That is what this is from, it is like numb and I can’t feel it. 1 think I got clocked once or twice again here. I don’t remember, Q OK. Did your slide ever lock back? MR. JONE: No, I didn’t fire nearly that many. Q Alright. So how many rounds did you have in the gun? MR. JONES: It was a full magazine, so fifteen. Q Fifteen? MR. JONE: Oh no, I have the little competition PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002789 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 B “ 15 16 wv 19 20 21 2 23 24 25 extenders from when I was in competitions, so seventeen. Q. You had seventeen rounds in the magazine? MR. JONES: Mm-hmm. 2 What about -- did you have one in the chamber? MR. JONES: No, I usually don’t even keep a magazine in it. I didn’t have one in the chamber, no. ° So there should be a total of only seventeen rounds, either live or spent? MR. JONE: : Yes. Q. OK. MR. JONE: If I had to guess, even just by feel, just kind of guessing, maybe five or six shots in total. Q. And that’s just a guess? MR. JONES: Yeah. Q. OK. MR. JONES: Like I have no idea, there is a guy two feet in front of you running full force, you shoot until he is on the ground. Q. OK. MR. JONE: He keeps saying, he’s just, going to kill you, he is running right at you, and he is way bigger than you, and he’s drunk, you just make sure that he is not a threat to your life. I was so scared. @ Sure. what um -- do you think all those PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002790 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B u“ 15 16 v7 19 20 2 2 23 24 25 49 guys were Delta chi? MR. JONES: No, probably not. Q. OK. How come, probably not? MR. JONE! Well usually Delta Chi -- well 1 don’t know actually, but at a party it’s probably hard to keep only Delta Chi’s in I guess. Q. OK. MR. JONES: Like maybe, I don’t know. Q OK, were there more people inside that residence when you got there? MR. JONES: There was a party going on I'm pretty sure, because we heard music and people. We were just on the sidewalk. I think Jake de the comment, oh they’ re smoking weed. Q. Was there anybody outside? MR. JONES: No. Nobody else, just us. Q. So there was nobody in the front of the house? MR. JONES: No, nobody visible, It was actually kind of quiet. We were looking at the stars. Jake had a fight with his girlfriend and I was trying to make him feel better and we were talking about the stars. Then it was Shay who was trying to call Hunter and get ahold of him while I was talking to Jake. We were just hanging out. Q What is Hunter’s last name? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002791 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 nu 2 B 4 15 16 v7 18 19 20 21 2 23 24 25 50 MR. JONES: Todd. Q. Hunter Todd? MR. JONES: We were just hanging out on the sidewalk and they come out and fucking punch me and say they are going to kill me. What the fuck. ° When they came out of that house Steven, where did they come from? MR. JONES: The front door I think, but I wasn’t looking. Q OK. MR. JONES: Why would they do that? [crying] Q. OK. Hang tight one second. Can you hang out and talk to him a bit? BY OFFICER PAR! @ Yeah. You running low on water? MR. JONES: No I’m good. What time is it? Q It is 3:43. MR. JONES: Do you think I am a bad person? Q. No, I don’t think you are a bad person. 1 think you had bad things happened today. MR. JONE [crying] Do you think I should have tried to fight them without a gun? Q. I don’t know. I didn’t hear the first part of the story. I still don’t know I’m sorry, Steven. I am. MR. JONES: Do you want me to tell you? PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 B 4 15 16 wv 18 19 20 21 2 2B 24 25 st o Yeah, if you want to tell me your version, you're more than welcome to, Short version or what? MR. JONES: We were hanging out at the D Chi house, well where they have an apartment. @ Do you know which house this is? So there is Mountain View, and then directly across from Mountain View, I thought there was a two-story duplex there. MR. JONES: Oh yeah, so it is more towards campus then that. Directly across from the parking lot. Q. Directly across from the parking lot. MR. JONES: I don’t know. @. Is that your diagram? MR. JONES: Yeah, you want to see it? Q. Yeah, let me get a little closer. MR. JONES: Thanks for talking to me. Q No problem, so explain all that to me. MR. JONES: This is the house where the Delta Chi's were partying and here is the street, like Franklin Avenue. Here is the parking lot and this is Mountain View. Q. And this is where you parked your car? MR. JONES: This is my car here. So, we're hanging out on the sidewalk, maybe here, maybe here. I don’t know. Q OK, perfect. I’m sorry to interrupt you, but this is the big service drive area? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02793 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 45 16 W 18 19 20 21 2 2B 24 25 52 MR. JONES: Yeah, Circle. Q OK. So this is MR. JONES: Yeah. So sidewalk on the street here and we're not even trying to get anything. File 2 MR. JONE: the : => on where you drive up to go to the the black fence here. we were hanging out on the we turn around to leave and into the party or do Grove. you are on the north sidewalk of MR Like um -~ where’s the pen? Q So this is -- we will use this as the north. MR. JONES: Yeah, the north side, like right in front of the house. We weren't trying to get in. We weren't talking to anybody. We talked to them -- on the way up, like I said, hey to one Q OK. I Q OK. MR. JONE ink so but I don’ I don’t know this area. guy. Is this a different street right here? know. But we were on the sidewalk, maybe to the right a little of the front door. Q OK. Is there anything in front of the PERFORMANCE REPORTERS, INC., Flagstaff, Arizona 86001 201 East Birch Avenue, Suite op27e4 Telephone: (928)213-1040 10 11 2 B 14 15 16 v7 18 19 20 2 2 2B 24 25 e e 53 house that you remember, because I am trying to picture this house? MR. JONES: Barbeque and a fence. Q. A barbeque, like one of those Weber grills? MR. JONES: Yeah, I don’t know. It was behind the fence and we were on the sidewalk. Like the public side of the fence. @ OK. MR. JONES: We were like fuck it, Hunter’s not answering his phone. He's probably with that girl. So we were just going to go back to Mountain View and hang out in the chapter room and see who is there. Q. OK, and you are with Jake and Shay. MR. JONES: So we start walking like this way so we can hop on the sidewalk and go back to Mountain View. Q. OK, is there any reason -- I'm just trying to make sure I got this for my own sake. So the main entrance for the A wing of Mountain View is right here. And if you came from the Grove, is there a reason why you passed the road? Is there something over here that attracted your attention? MR. JONE: Oh, no. We were originally just going to go to my car and go home. Then we were like, hey let's go to the View. Like when we were sitting here, we stopped and we were like, do we really want to go back to PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite Ob2795 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 B 4 15 16 7 18 19 20 21 2 24 25 54 the car or do we want to go to the View. Q OK. So you were walking and you got -- you were going to go back to your car? MR. JONES: We stopped here and we were calling Hunter, and we were like, let’s just go to the View. ° OK, so the party then, tell me where to party was, there was nothing there? MR. JONES: We weren’t going to the party. we didn’t know anybody there. Q. ‘It's just the place that you guys stopped? MR. JONES: Yeah, we happened to stop. We didn’t know anybody there. We didn’t want to be there. So as we start to leave and go back to the sidewalk, some guys come out behind us. Q So you are in the process of crossing the street? MR. JONE! We were in the middle of the street. We were walking away from the house, in the middle of the street. Q OK. MR. JONE And these guys come out behind us, ten or twelve of them, and they are all big and aggressive and they are drunk. They are like why the fuck you talking shit pussy, I’11 kill you. Get the fuck off my property, go back to Mountain View, get the fuck off campus, you PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002796 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 B 4 15 16 v 18 19 20 21 2 2B 24 25 55 don’t belong here. Then he said, I’1l fuckii ig kill you. Q What do you think prompted that? MR. JONES: Honestly if I had to guess, it was because maybe because Shay was on the phone talking ¢: Hunter and mumbling to himself, pick up your phone you fucking asshole. @ OK. So these guys might think - MR. JONE! : They might have thought he was talking about them, but I don’t understand how they could have even heard that because it was so loud in the house. But anyway, I don’t know. They just -- maybe they just didn’t like that a bunch of freshman were in front of their house. They come out and surround us and they start pushing us and shoving us. Q Where did they surround you? MR, JONES: In the middle of the street. @ So you guys were all in the middle of the street? MR. JONES: I don’t know exact I couldn't see over those guys. Q OK. MR. JON But -~ @. But there are three of you? MR. JONES: Yeah, three of us, and about ten of them. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 012797 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 14 15 16 7 18 19 20 21 2 2B 24 25 56 @ And they are literally circling you? MR. JONES: Not circling us, but -- I don’t know, like mobbing us, like right in front of us. They were trying to get around us and push us. Before I know it, before I can make any sense of the situation or do anything about it, I get clocked in the face like right here. Q. OK. oR. And, oh God. Q Do you know, was it a guy that threw a left hook or was it somebody on your right that just came at you? MR. JONE: I was looking at another guy and bam hit me out of nowhere. I don’t know where it came from. Q. OK. MR. JONE: Then I started running as fast as 1 could towards Mountain View. They started chasing after us, and I lost track of Shay and Jake. I lost track o them. We were over here, around here, and there are a bunch of them up on me and a bunch of them on up on Jake. Q. And these are the same guys that came -- MR. JONE: Yeah, they chased us to Mountain View. Then I started running to my car, because I was going to hop in my car and pick up Shay and Jake and take off. @. OK, so when you were ganged up on, for lack PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 602798 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3B u 1s 16 7 18 19 20 an 2 23 24 25 87 of better terms, over there. You got punched in the face. MR. JONES: Yeah. @ Looking at your nose right here and you have, there is like an old tan line. Do you wear glasses? MR. JONES: Yeah. Q What kind of glasses do you wear? MR. JONES: Ray Bans. Black Ray Bans. Q. Black Ray Bans? MR. JONES: They are like brand new, Like I just broke them last week and got a new pair. Q. OK, and are those prescriptions or are they sunglasses? MR. JONE! They are prescriptions, just regular clear. Q Just regular clear. MR. I got a bunch of pictures of me wearing them. Q. OK. Alright. Where are those at? MR. JONES: I always wear them. They fell off at some point. Like maybe when I was running or when I got punched, I don’t know. @ 0K, so here you were punched in the nose, the glasses may have fallen off there. Definitely in the middle of the street, towards the Delta Chi house. MR. JONE Defin: ly not anywhere near the PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002799 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u n B “4 15 16 v7 18 19 20 2 2 2B 24 25 58 Delta Chi house. It was in the middle of the street. Q. In the middle of the street. OK. Or t fell off when you were running away? MR. JONES: Or I don’t remember. I was panicking. ° Understandable, I wouldn’t know what to do. MR. JONES: I am over here and they are chasing me. Q OK, so you are over here by yourself. MR. JONES: So I start running to my car. Q. But before this you are running away and you don't know where -- here. I saw them MR. JONE: No, they are ov like, I was like, OK. I am going to grab my car and swoop up over hi @ circle on and grab them and go up over this side and drive away. Q OK. MR. JONE! So I unlock my car because I have the key FOB in my back pocket, cause it is not attached to my keys. Q. OK, and it just unlocks it? MR. JONE: Yeah, so I reached in my back pocket and I flip all the buttons in a panic like fuck, fuck. So the alarm went off. Then it went back on. 1 don’t know, The car got unlocked and I got in. I was panicking. I PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002800 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 45 16 v7 19 20 a 2 2B 24 25 59 didn’t know what to do. I couldn’t see. It was dark. There are people chasing after me. I was running to my car, and they are saying I’m going to fucking kill you, and they are right behind me, and I didn’t have a lot of time, and I didn’t know where my keys were, even though they were in my fucking pocket, and I didn’t know where they were. And I couldn't start the car in time before they got to me. So I was like Q So the car keys are separate from the entry key? MR. JONES: Yeah. So that kind of fucked me, but I was like shit, they’re going to be on me any second now and I don’t have time to start the car. So I say, ck, T got the gun because I don’t have any time. Q And where is the gun? MR. JONE: In the glove box. In a pistol wrap, like the little foam cases, So I grabbed it and it was already unzipped because a week previous I got pulled over p sign completely. So I told the for not stopping at a officer, like officer, I have a pistol in the glove box. So she was like OK. So she unzipped it and unloaded it and when I put it back in, I just never zipped it. Q. Gotcha. when was that? MR. JONES: Last week sometime. Q Do you know who pulled you over? PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002801 Flagstaff, Arizona 86001 Telephone: (28)213-1040 10 1 2 B uu 15 16 v7 18 19 20 2 2 23 24 25 60 MR. JONES: I’ve got the ticket in my glove box, she gave me a warning. Q. Was it up here? MR. JONES: Yeah, it was right over by Mountain View. Literally right here. @ OK, which agency. We all look the same? MR. JONES: No, no, she was just -- I’m scared of police. Q. Well, you don't seem so scared of me. MR. JONES: You're the only person that has been nice to me all day, dude. Q So a week ago you get pulled over by - you said it was a female police officer? MR. JONES: Yeah. @. And she gave you a warning for the stop sign? MR. JONES: Yeah. @. During that encounter with her you told her you had a firearm. MR. JONES: Yeah, like officer, I have to inform you that I have a firearm in the glove box so I can’t get my registration. You will have to get it for me. She took it, unloaded it and put it in my trunk. I got done with the ticket, she said wait till I leave and then put it back in your glove box. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite ou2s02 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 v7 18 19 20 2 2 2B 24 25 61 Q OK. So you have your key FOB, car alarm goes off, car alarm stops, and you unlock the car. MR. JONES: I'm in the car, I'm sitting there and I am panicking, I don’t know how I am going to start the car, and my legs are shaking, I don’t know how I am going to fuck with the clutch. I don’t know anything. Like they are going to be on me in a matter of like one or two seconds. @ What kind of car do you have? MR. JONE: : Red Mustang. Q. OK. MR. JONES: So I reach in the glove box and grab the pistol. I have it like this and I say, stop mother fuckers I have a gun. I don’t know how far away they were, thought they were pretty close because I don’t have my glasses. So I said, stop mother fucker I have a gun, don’t move, don’t come any closer. Then I stepped out of the car to like see better because the light was on I think and couldn't see wherever. So I step out of the car and I am right here maybe three or four feet in front of the car. I said stop mother fucker I have a gun, and I pointed the gun on him, because I just needed a ght and if he has a light on him, he knows not to come any closer. So I shine the light on him and I see Cool and Shay over there with two guys, something like two guys, two big guys. They are like PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite Osos Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 3 “ 15 16 v7 18 19 20 2 2 2B 24 25 62 skinnier than me. Q. Does your gun have a light on it? MR. JONES: Yeah, TLR-1. Q. OK. Rewind a second, OK. So I don’t get all confused. When you ran from the service drive area and you're getting to your car, they’re there at the service drive area, correct? MR. JONES: They are like right here. Q That's the service drive? MR. JONES: Yeah. Q OK, so you got to your car, back track me. Car alarm, sitting inside it, you find your keys? MR. JONE I didn’t find my keys. Q You didn’t find your keys. MR. JONES: I didn’t know where they were. They were in my pocket but I did like this [patting sounds] bu I didn’t feel them. There’s no time to search in my pocket because they would be there. Q. So you said you were in the car, where were you? MR. JONES: In the driver's seat. The car is facing this way so the driver side is facing the service drive. Q OK so the driver door is closest to that side and so you got in. Do you remember closing the door? PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite oMZ604 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B uu 15 16 v 18 19 20 2 2 B Pry 25 WR. JONES: No, I don’t remember at all. Q. You don’t remember closing the door, but you sat inside the car? MR. JONES: Yeah. Q. OK. Then you know that they are still chasing you because you can hear them? MR. JONE : Yeah, when I started running from the service drive they were chasing me, like yelling, I’m going to kill you, you faggot. Q. OK. Were there other cars between you or was it just straigt MR. JONES: No, it was just straight. @ Was it sitting at an end row? MR. JON! It was really close to the service drive, three or four spots. Q Three or four spots in? MR. JONE Yeah. It was basically right there. Q OK. So you are the driver’s seat, they are still chasing you. How far would you say behind you? MR. JONE When I started running like maybe three or four feet behind me maybe. I don’t know. Five or ten. I didn’t turn around and look. I just booked it. ° Right. OK. So while you are seated inside your car, and you are fumbling around, you -~ MR. JONES: It was literally one or two seconds. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002805 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 2B “4 15 16 wv 18 19 20 21 2 2B 24 25 Tt was like [patting sounds] nope, no keys this isn’t an option. Q And they didn’t catch up to you by that time? MR. JONES: No, by then I was still panicking. I was like I have to do something, they are going to be here any second. So I grabbed the gun. ° Out of the glove box? MR. JONE: Yeah, I just yelled out the door, stop mother fucker, I have a gun. Like don’t move, or whatever. Then I step out of the car and I look around, I point the flashlight so I can see because I don’t have ny fucking glasses. Q What is your vision like without glasses? MR. JONES: Shitty. Q. Like what? MR. JONES: Like within ten, like farther than ten feet, I can’t really make anything out but shapes. Q OK, so do you wear contacts? No I don’t have the ability to wear contacts. Q What would your 20/20 vision -- what would yours be like, do you know? MR, JONES: No. Q. You don't know your prescription? So it’s PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002606 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 n 2 3 1“ 15 16 7 18 19 20 Py 2 23 2 25 6 zetty bad. MR, JONES: It's bad, plus I am all swollen up here. Q. So beyond ten feet it gets a little fuzzy? MR. JONES: Yeah. Q. But can you still make out an object? MR, JONES: Yeah, I can see who’s a person and who's a tree. Q. Can you see like digits, two, four, five and all that stuff? MR. JONES: Maybe. So, I shined my flashlight and they were like right here. I guess they like back track maybe, I don’t know. But like Q. So you exit your car and you have the light MR. JONES: Yeah, I am standing right in front of the car and I have the light on. And I point it at the drive and they are all right there and they are looking at me. @ So did they start to back up away from you? MR. JONE: No. No, no. Like when T was running guess they stopped chasing me or something, I don’t know. 2. OK, so you thought that they were chasing and you got to your car and - MR. JONES: They were chasing me when I started PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002807 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 n 2 2 “ a5 16 ” 18 19 20 2a 2 23 24 25 66 running to my car. ° Right, but when you got to your car you still thought that they were coming at you, so you grabbed your gun? MR. JONES: Yeah. I was like stop mother fucker I have a gun, Then when nothing happened I stepped out of the car and got at low ready to be ready for anything. Q But they were still over here? MR. JONE Then I couldn’t see anything, so 1 shined a light. When I shined the light they were over here. ° OK. How far would you say from your car to the service drive? How far to that? MR. JONES: About five or ten feet. Q. ‘ive or ten feet? OK. MR. JONES: Yeah. So I shine the light and say stop, don’t fucking move, I have a gun. There are two or three dudes on Shay and Jake. And they're obviously -- 2 What do you mean, “on” them? Like what are they doing? MR. JONE: [Unintelligible] -- getting like maybe they socked them I don’t know. But they were obviously like pushing and being -- Q. OK, so you actually saw two guys push? MR. JONES: Yeah. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02808 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 wv 18 9 20 a 2 23 24 25 07 Q OK. MR. JONES: Yeah and they were being very aggressive. In pledge ship they teach you never abandon your brothers, never, and you don’t go anywhere without them. That’s why we stopped in the first place to call Hunter and see where he was. Q OK. MR. JONE! I was like I am not leaving without these guys. If they want to kill me, they're going to kill them too, so I have to save them. They are in serious danger right now, So that’s why I was going to swoop them up and go over here in my car. ©. OK, so at this point while you have your gun out and the light is towards this direction and two guys, remind me, Jake and ? MR. JONES: Jake and Sha: Q. So Jake is over here with two guys. MR. JONE! I just got a glance, maybe a fraction of a second. Q OK, and where is Shay thei MR, JONES: Right next to him. Q. So Jake and Shay are together? MR. JON Yeah, I am pretty sure. ° And the two guys are on them. MR. JONES: Yeah, I’m pretty sure. I really can PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002809 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3B 4 15 16 v7 18 19 20 21 2 2 24 25 68 only tell by the color of their clothes. But I was pretty sure, like I know for a fact it is Jake and Shay. Q. OK so two guys are over here on your two friends, how many other are congregating over there? MR. JONES: All the rest of them so maybe like five to ten, Q Five to ten more people, and what are they doing? These two guys? MR. JONE: These guys, some are looking at them, some are looking at me because I have the light on them. I said, stop don’t move, I have a gun. On OK MR. JONE! And then two guys just look at x start bolting at me as fast as they can. Q From this group? MR. JONES: Yeal Q. OK, and then you are still near your car? MR. JONE Yeah, like maybe three or four feet in front of my car. Q. Three or four feet in front of your car? MR. JON! I stepped out and maybe took a few steps forward. I was right there, right in front of my car. Q OK. MR. JONES So two guys started bolting at me. I PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 0o2s10 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 wv 18 19 20 2 2 23 24 25 63 heard one of them say -- maybe -- I don’t know something like, dude I am going to kill you, mother fucker. Q. Do you know what that guy locked like? MR. JON! I think he was wearing a white t- shirt and maybe baseball hat. Q. White t-shirt and baseball. MR. JONES: I don’t know honestly. Q Tall, skinny, chubby? MR. JONE: : One was wearing a black t-shirt and I think he had a beard. But I don’t know. Q Black t-shirt and beard. MR. JONE: tic and much They were both athl bigger than me, They were drunk and scary and they were saying they were going to kill me. They are running at full force and I have already got the shit beat out of me. So I was in fear for my life. I thought they were honestly going to kill me. I never really been in a serious fight before. Q People look at me as a police officer and think that I am in tens of thousands of fights, some are easy and some aren't. MR. JONES: I don’t know what to do, they are running at me saying they are going to kill me. They PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02811 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B “4 15 16 7 18 19 20 24 2 23 24 25 70 ‘already punched me and tried to kill me, What the fuck am I supposed to do. Q So you got two guys of a group of five to ten people charging at you and saying they are going to kill you, are they making any other statements? MR. JONES: No, like before they started running, they didn’t say anything when they were running. 2 Did anybody acknowledge that they heard that you had a gun or anything? MR, JONES: No, I was hoping it would scare them away. Q OK but nobody flinched or anything? MR. JONE! Maybe the guys in the back. I was only focused on the two guys in the front, once they started running. Q. OK, when you announced that you had a gun, did anybody leave? On the mere presence of I have a gun ~~ did anybody leave? I think I heard somebody say, oh shit. Q. OK. MR. JONES: Like someone over here, they were like, oh shit. Q. They have no involvement though? MR. JONES: Yeah. Then these guys are like I'm PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002612 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 B 4 15 16 7 18 19 20 21 2 2B 24 25 n going to kill you mother fucker and start running at me. Q OK, so then what happened? MR. JONES: [crying] Q Take your time, if you want to drink some water, like Ken was saying. MR. JONES: Can I whisper in your ear? Q OK, you're not going to Mike Tyson me are you? MR. What? Q. Bite it off. MR. [Laugh] No I would never ever hurt you. [Unintelligible] I shot this one, and the second one kept coming, so I shot him too. Q OK. Which one did you shoot first? MR. The one on the right. Q. OK, and what was that guy wearing? MR. Dark. [crying] @ All you remember is dark? MR. JONES: Maybe black. Maybe -- [crying] — dark. Q Dark clothing? He was the furthest to your right. Was he closer than the other guy? MR. JONES: I don’t know. [crying] Q. OK. Did you see anything in his hands? MR. JONE! His fists were balled up like this. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002813 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 2B 4 15 16 Ww 18 19 20 21 2 2B 2 25 2 ° Fists like this and hard driving right at you. MR. JONES: Yeah, he was way bigger than me. He would have fucking strangled me. Q OK. When you fired the first shot, how far away would you say that he was from you? MR. JONE: Like four or five feet. Like a few more steps and he would have been on me. @ Like the door? MR. JONE Yeah, like that close. Q About that close. Describe how is he approaching you? MR. JONE That low, running really (Unintelligible} Q. So like a full ~~ MR. JONES: Full charge. ° A full charge. MR. JONES: Like complete sprint, they started here and within half a second they were right up on me. Q OK and do you have any idea where that shot ended up? MR. JONES: No, I couldn't see my front sight. The light was bright, it was dark, my glasses were off. I just kind of put the light part of the light on his general direction and kind of tried to aim for center mass like my PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002814 Flagstaff, Arizona 860! Telephone: (928)213-1040 10 a 2 B rT) 15 16 7 18 19 20 a 2 2B 24 25 B dad taught me. Q. So what happens after the first shot? MR. JONES: I don’t think he went down so I fired another one. Q. OK. Still at the guy on the right? MR, JONES: Yeah. I fired one, he didn’t go down, so I fired another. Q. How far between the shots would you say? MR. JONES: Bang, bang. A double tap. Q OK, so it wasn’t one shot MR. I didn’t have time, no. Q Like you have been trained a lot. Q. Yeah, absolutely. MR. JONE My dad and I, I have been trained since I was eight years old. He put man size target in front of me, to draw and fire two rounds in under a second. Q OK. MR. JONE! So I have the low ready, he came at me, I did the double tap like he taught me. Q OK. MR. JONE And then, I don’t really remember. Q OK. So what happens after the second shot? MR. JONES: I don’t know, I don’t remember how many shots. I don’t count my shots. I just fire until he PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02e15 Flagstaff, Arizona 860! Telephone: (928)213-1040 10 uw 2 3 “4 15 16 wv 18 19 20 22 2 2B 24 25 74 goes down. So as soon as I saw him fall, I switched to the other guy and fired till he fell too, because he was not stopping, he was still coming straight at me. Q OK. Two shots to the guy on the right, because that is how you were trained. You do a double tap. You see him go to the ground. How does he fall to the ground, if you remember? MR. JONES: He is coming forward, so he falls straight on his face. Q. Does his arms brace himself down at all? MR. JONE I don’t remember. I don’t remember, if like you have forward momentum you just like crash forward. So that is wh t happened and he kind of skidded a little. [Crying and unintelligible words] Q. OK from the skidding or from what he was saying? MR. JONES: Bot! Q. Did he say any words or anything? MR. JONES: Before he started running, he said something. Q. OK, what about after you shot him. MR. JONES: No. (Oee Noy OF. MR. JONES: He was breathing after. Q He was breathing after? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002816 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3B 4 15 16 v7 18 19 20 2 2 23 24 25 75 MR. JONES: Yeah OK. While he fell to the ground, the buddy or his friend to his right, that would be the guy to your furthest left. MR. JONES: My left, yes. Oh my God I can’t stop itching. @ What is he doing? MR. JONES: Still running. He is looking me straight in the eyes. He is close enough I can see his eyes. He is looking me straight in the eyes and he is running. He was like this too. They were both like this. @ So the distance between these two guys, how close were they to each other? MR. JONE: Maybe three, four, or five feet. Close. Q. Maybe three, four, five feet? They were close to each other and they are both coming at you? MR. JONES: Yes. Q. OK. So the guy on your right falls, fa onto the ground. MR. JONES: And then I kind of have a moment where I thought, OK first threat is gone. Now I don’t have PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002817 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 3B “4 15 16 7 18 19 20 21 2 23 2 25 76 ‘to -= I can maybe like try not to hurt him so bad, but at the same time I am fighting for my life. So like I’m not going to -~ I’m going to do whatever I have to do to rotect my life. Q OK. So this other second guy, what does he look like again? MR. JONES: White shirt, light clothes, they were both white guys. Q Both white guys and he had a light or white shirt on? ° OK, did he have a hat, glasses, beard? MR. JONE: I don’t remember, maybe a hat. They were both very large and scary. Q Big guys, OK. So he’s charging at you still? MR. JONES: Mm-hmm. Just like his friend. Q Like his friend being shot two times. Now as he is coming at you, what happens to him? MR. JONES: I shot him, Q You shot him. Do you know where that shot went? MR. JONES: I didn’t even aim, I was panicking. @ OK. Same thing with the light focused on the body? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OM2818 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 1B u 15 16 v 18 19 20 2 22 2B 24 25 7 MR. JONES: Yeah, it’s like point shooting, do you know point shooting? Q Mm-hmm.. MR. JONES: So the whole thing went like this. I have my weapon like this, then he says I’m going to kill you mother fucker. It went literally like pop-pop-pop. Just like that. ° MR, wait. I think there were more shots, but there was a bigger gap between them. I don’t know. Q What do you mean by that? MR, JONES: I don’t know. While I was firing at the first guy, with my peripherals I was looking at the second guy and I could tell he was not going to stop. when I switched to him he was looking me dead in the eyes and he still wasn’t stopping. Q. OK, and you shot and that shot was one time? MR. JONES: I don’t know, it was less. Q What do you mean? MR. JONES: I shot him. [crying] Q. Less than the first guy? MR. JONES: [Crying] It took less for him to go down. PERFORMANCE REPORTERS, INC., 201 Sast Birch Avenue, Suite 002819 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 a 2 3B 4 15 16 v7 18 19 20 2 2 2B 24 25 78 Q. OK, and how did the second guy fall down? Same way, face down and skid? MR. JONES: Um, yeah. Then when I went to help the first guy he was like face down, I think somebody tried to put him in that sideways position like for first aid. I was like, I am trained in first aid and I actually remember it. So I was like, that’s not how you treat a gunshot wound. Q OX, so two shots, maybe another one for the guy on the left. what did you do with the gun? MR. JONE: I tucked it in my back, like in my waistband. Then I rushed over to help him I was like, grabbed him from like behind the neck like this. I was like, come on buddy stay with me, why the fuck did you make me do that. What the fuck. Stay with me. Q. Mean time the gun is in your back waist? MR. JONE! Yeah, in my back waistband. Q. So you are talking to him and you are trying to render aid to the first guy. So what happened after that? MR. JONES: So I got my hand behind his neck, I saw some blood on his shirt so I -~ I put pressure on. I don’t remember, I remember trying to apply pressure with right hand, but there is no blood on my hand so I don’t know. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002820 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 11 2 B 14 15 16 v7 18 19 20 24 2 2B 24 25 79 Q. And then what happened after that? MR. JONES: Some guy ran up behind me and tried to grab my gun. Then five or ten people just pile on me and started wailing on me. Saying fucking psycho, I am going to kill you, you shot my friend. Fucking kill you. They kept saying kill you and the guy is trying to yank the gun out of my pocket. So I’m clutching it for dear life. I’m just thinking that if they get my gun, they are going to kill me with it. I am getting beaten anyway. I'm thinking oh shit, I am going to fucking die here. I’m not safe yet. I’m still like that. So I am standing there, there are people on top of me, some guys got a knee in my back, some guys fucking wails on my arm, some guy is twisting my hand. Q. So let me rewind you again. The first guy on the right, you are holding him and you are trying to apply pressure to the gunshot area. Which way are you looking? MR. JONES: I am facing down at him. My back is this way. So my back is facing that way but I am looking down at him. 2. So you are facing the opposite way the car is? MR. JONES: No, I am looking -- Yeah, yeah. Q Yeah, because your car is facing this way. PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002621 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B “4 15 16 v7 18 19 20 2 22 2B 24 25 80 MR. JONE : Maybe that way, maybe a little more north or maybe east. ©. So when the two guys were charging at you at your car, then you take your shots, do you remember making any movements? MR. JONES: Movements? Q. Yeah. MR. JONE! : What do you mean? @ Like during the course ~~ MR. JONES: Yeah, I stepped back. I didn’t have time to wheel backwards but I shuffled back. 1 ink between the first and second shot, I don’t know but I shuffled back trying to cre. more space because they are coming right at me. ° So you are creating more space, and then you realized what happened. Correct me if I am wrong, OK. Then you tuck the gun in your waistband. Then you go to the first guy, right? Is that right? Yeah, then I kind of MR. JONE! started screaming, God why, God why. Q Then you're trying to apply pressure at the same time, on guy number one. And so your back is facing south, you're towards the stadium area, the fields over here? MR. JONES: I don’t know. If the fields are over PERFORMANCE REPORTERS, INC., 201 Hast Birch Avenue, Suite 002822 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B “4 15 16 v7 18 19 20 21 2 23 4 25 81 here my back is facing them, yeah. ° In this parking lot there is, I think three xows. [knocking on door] Come in. Yeah, I‘1l be right back. [Crying -- 25:30 - 26:03] Q. OK, so your back is towards this way and how many other -- what happens after that? MR. JONE! Some guy ran up behind me and tried to grab my gun. He got his hand around it and I reached and pushed it down in my pants so he couldn’t pull it out. ©. How many people are around you? MR. JONE: Between five and ten maybe. Qo. OK. MR. JONES: I'm on my knees, so I rolled backwards to get his hand away from my gun. Then a bunch of people just pile on and start wailing on me and kicking me, saying I'm going to kill you. Q OK. So whi you are being wailed and kicked at, you said five different guys around you, and so what position are you in? MR. JONE: I am on my back trying to cover up like this, with the gun in the back of my pants. Because I shoved it down my pants so nobody can get it. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002823 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 v 18 19 20 21 2 23 24 25. 82 Q. Alright, OK. MR. JONES: Because I honestly thought I was going to die. I -~ they got my gun [unintelligible]. 1 was so scared. Q- So how were you able to get out of the wailing and kicking? I fired another shot in the air and scared them away. Q And how did you fire a shot? MR. JONES: The guy that tried to grab my gun, I don’t think he was very big. So I able to get it away from him, My hand was firmly on it, he only had like the bottom or maybe the slide area, I don’t know. But my hand was firmly grasped. At that point I was only trying to prevent him from getting it. I wasn’t trying to draw it. I didn’t want to draw it. I didn’t even want to use it anymore. Q. So you have a firm grip along the handle? MR. JONES: Yeah. And it’s in my pants. Q. And he has a grip -- MR. JONES: On some other part. Yeah, he’s trying to tug it but he is not getting anywhere. More people are trying to help him and I am getting more and more desperate, It’s obvious that I am going to lose because they are bigger guys. I am getting wailed on and somebody's eventually going to try to hurt me, get my gun PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oM2e24 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 nu 2 B 4 15 16 wv 18 19 20 21 2 2B 24 25 83 and kill me with it. Q. OK. MR. JONES: So eventually I just rolled over and slipped it out of my pants. T could have at any moment, I didn’t want to use it. I didn’t want to shoot the gun. I didn’t want to kill anybody. So I take it out and I just fire randomly in the air to get them to go away and they all disbursed. Q And what position are you in? MR. JONE: Maybe kneeling, maybe still on my back. TI am struggling stand up there are people still ke right next to me. Q OK, so you are kneeling or you are laying back. MR. JONES: Yeah. ° And in order to get people away from you -- MR. JONES: I fired in the air. Q. You pulled the gun out and how many did you fire in the air? MR, JONES: One or two, just enough to get them to leave. Q. OK. And then did they leave? MR. JONES: Yeah. Q. OK. MR. JONES: Then at another point some guy came PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002825 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 v7 18 19 20 2 2 23 24 25 up behind me and tried to take it again I think. And then I think I might have fired another warning shot in the air or maybe I just swung it around and he saw it but he just stared running. But like he ran up and got his hand on i Q. OK. So you think, if you remember correctly, there was two warning shots in the air? One for the group that was around you to begin with. mr. one or two, I don’t remember. Q. OK. But then they disbursed. Yeah. Q. OK, but then somebody else tried to take it? MR, JONES: Same guy I think. Q. As the first time? MR. JONES: Yeah. He runs up behind me and gets his hand on it but I still have my hand firmly on it. So 1 swing around, I don’t remember if I fired a warning shot or if I just like showed him the gun, but he ran away again. Then some guy came out and he looked calm and like he understood that I was just scared and trying to like get people off me because [unintelligible] but he comes out like hey man. He was like I can take the gun, nobody is going to take it from you, just put it on the ground, I/11 make sure nobody takes it. I said, oh my God thank you, So I just put it on the ground. RMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002626 Flagstaff, Arizona 66001 ‘Telephone: (928)213-1040 10 u 2 2B 15 16 v7 18 19 20 2 2 23 24 25 85 Q What did that guy look like? MR. JONES: He had maybe blondish reddish hair with a comb over and beard and a dark flannel. Q. Dark flannel. And where was that all at? MR. JONES: Right here. 2 Is that still technically in the parking lot? MR. JONES: Yeah, this is all gravel right here. Here’s the corner and like here is the fence. The stadium, we're like right here and we are right here in the corner. So I put the gun right there maybe. I put it behind him and I was like OX, take it, you can take ou can pick it up and kill me with it, but I just don’t want it anymore. I’m scared. 8 OK. How did you get from this area to over here? MR. JONES: Let's see, cause the first guy -- yeah cause after I got piled and I fired the warning shots to get free, I ran over to the corner to kind of like stand over in the corner. Q. OK. So you fired the warning shot, people disbursed, and then you -- MR. JONES: I get to high ground where I can see everything in front of me and nobody can get behind me. Q OK. Because I think it’s elevated right PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002827 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uu 2 B 14 15 16 vv 18 19 20 2 2 2B 24 25 86 over there, isn’t it? MR. JONES: Yeah, it is. Q. ‘That's why you went over there? MR. JONES: I think so. I don’t remember. I was I wasn’t -- I needed to see everybody. ° Why did you think you needed to see everybody? MR. JONES: Just assess more threats. Like if more people are going to try to come and get my gun or come and try to kill me. I still had it, I think I had it in my back pants again at that time and I was just like ready for anything. Like what the fuck. [Inaudible whispering] Then the guy came, I felt like I could trust him. Q. Why did you feel Like you could trust him, and where did he come from? MR. JONES: Maybe the View somewhere around here, I don’t know. But he -~ Q What did he say exactly? MR. JONE: I don’t remember, but he was like, hey man, I am not going to let anybody get your gun. Do you want to give it to me or put it behind me? 1/11 make sure that nobody takes it. And I was like, thank you so much. Q OK, and did you give it to him or did you just -- PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 092628 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a n 3 u 15 16 v7 18 19 20 a 2 23 24 25, 87 MR, JONES: 1 put it on the ground. Q. OK, so he didn’t touch it at all? MR, JONES: I don’t know. Not to my knowledge, by then I heard sirens and saw your car and started walking over to you, like take me. I was so relieved when you showed up. @. So you felt relieved when I showed up because during this time frame when you were at the house, you just thought you were being attacked the entire time. Yeah. I was scared for my life the whole time. When you showed up I thought OK, no one else is going to hurt me. (Unintelligible] Q OK. MR, JONES: [Inaudible whispers] Q. Tfmold. [Unintelligible] MR. JONES: What do you think about how I handled it? Q. Well, you had to do what you had to do or whatever. Everybody is in a different situation, right? That is the reason we have different type of experience. Whatever you felt was most appropriate is what you did. TI just want to make sure that this is the exact story from what you can remember, Is there anything else that you can think of? MR. JONES: There is so much adrenaline, I can’t PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002829 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 B 1“ 15 16 W 18 19 20 21 2 2B 24 25 remember much. That’s it to the best of my knowledge. @. When you got up to higher ground, what happened there? MR. JONES: Like this guy just appeared out of nowhere. @. You hadn’t seen him anywhere before? MR. JONE! No, but I wasn’t paying attention to anybody but people who were attacking me or aggressive. (Ou Oke MR, JONES: I thought I might have recognized him, he seemed like he, like I could trust him. He seemed calm and he seemed -- I thought maybe he saw the whole thing go down cause he seemed like he was on my side. So I just put the gun on the ground and that’s all. Q. And then when you put the gun on the ground what did you do? MR. JONE: I heard sirens, saw your car and started walking toward you. Q. OK, so you start walking this way and then what happens? MR. JONES: You arrest me. Q. OK. What else can you remember? MR. JONES: I remember a girl crying, and I xemember somebody -- when I was trying to help the first guy there was already somebody there helping him, a guy in PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002830 Flagstaff, Arizona 860: Telephone: (928)213-1040 10 a 2 13 “ 15 16 ” 18 19 20 21 2 23 24 25 89 @ white t-shirt with maybe some scruff or a beard. 2 Going back to help the first guy? MR. JONES: The first guy. Yeah, so when I went up to help the first guy, somebody was already there. Q. Where did that person come from? MR. JONES: He was part of the mob that was trying to attack us. Q. So two guys attacked you, and the first guy who you first thought to be your immediate threat was the one you double tapped. MR. JONES: Yes. Q Then your focus gets switched to the guy on the lef MR. JONES: Yes. Q. He gets shot. MR. JONES: Mm-hmm. @. And by time you go to render aid to the first guy, somebody is already there helping. MR. JONE Yeah. After they were both down 1 took a second to search and assess, and I looked around parking lot. I froze for a second. That’s when I thought what just happened? Q. Did you feel like you were still bi g attacked although two people were already on the ground? MR. JONES: I felt like the immediate threat was PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002831 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 1 2 B 4 15 16 v7 18 19 20 a 2 23 24 25 90 gone but there was still another threat out there that could come at me. Q OK, what where they saying to make it feel like there was immediate threat there? MR. JONES: There wasn’t another immediate threat. That was the immediate threat. But these guys were obviously already attacking us before, they were already part of the group that was hitting us and calling us pussies and saying they were going to kill us. So they could at any moment decide to run at us because they were all attacking us at one point. Q So after these guys were shot, who else attacked you? MR. JONES: The guy who came up and tried to snatch my gun. Oe OK. MR. JONE! And when I was on the ground fighting for that, a whole bunch of people just jumped on me. Q- Do you remember intention or specifically shooting anybody besides these two? MR. JONE: Absolutely not. Q. OK. MR. JONES: No, never. Q. OK, when you were on your back or on your knees for the warning shot, how close were people to you? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002632 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 wv 18 19 20 21 2 2B 24 25 1 MR. JONES: Right on me. 9. OK, right on you. MR. JONES: Yeah. Q So like hovering over you? OFFICER HUNTER: Do you mind if I come back in and talk to you real quick? MR. JONE: Sure. OFFICER KUNTE Are you OK with that? MR. JONE! talk to Mr. Yeah. I prefer t Keegan, but that’s alright. OFFICER HUNTE Can I talk to him and you, would that work? MR. JONE: Yeah. OFFICER HUNTE! Is that OK Keegan, or were you right in the middle of something? BY OFFICER HUNTER Q Had you ever been to that house before? MR. JONES: What house? @ The house where, this house. MR. JONES: Walked by a thousand times but we never been inside. Never known anybody who lived there. . OK, so you had no contact with anybody in there? MR. JONES: No. 9. OK, so I have a detective from the PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002833 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 7 18 19 20 2 2 2B 24 25 92 Flagstaff Police Department who would like to do a gunshot residue test on your hands, Would that be OK? I mean obviously you fired the gun and stuff like that. But would you mind if we did that? MR. JONES: Yeah, please do. Q OK. Let me go grab her she is right out here. And she'll come in. MR. JONES: Keegan, am I doing the right thing? Should I call my dad or an attorney? OFFICER PARK: Man I can’t give you legal advice, you are doing what you want to do, Thank you so much for your cooperation. The gunshot residue stuff, that’s just, it’s all pieces of the puzzle that we all put together. That’s why when you see law enforcement investigations, like CSI, you'll see it like take an hour. But this stuff all takes a while. We have step by step things that we need to do as well. MR. JONES: Do you think I am a bad person? OFFICER PARK: No, I don’t think you are a bad person. MR. JONE: [Crying] Thank you. OFFICER PARK: You're welcome Steven, How much did you drink today? MR, JONES: Not even a sip of beer. OFFICER PARK: Not even a sip of beer? Do you PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002834 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 14 1s 16 v7 18 19 20 a 22 23 24 25 93 k you have any alcohol in your system? MR. JONES: Probably not. No. t OFFICER PARK: We have another little - s called a portable breath test. Can you do that for us too, to see if there is any alcohol in your system? MR. JONES: My mouth really hurts. Can it wait? OFFICER PARK: It can wait a little bit, but sooner rather than later would be preferable. And all you have to do is -~ it’s like having a straw. MR. JONES: TI prefer not to do that. Im sorry. OFFICER HUNTER: Would you be willing to give us a sample of your blood? MR. JONE! No probably not. OFFICER HUNTE! That's fine. 2 OK DETECTIVE COU Is it Steve or Steven? MR. JONES: Steven. DETECTIVE COULES: Steven, my name is Detective Coules. I’m with the Flagstaff Police Department. They asked me to come over here and do a gunshot swab on you. Are you OK with that? MR, JONES: Yeah. DETECTIVE COULES: So it’s very - pretty easy. Basically I just take these little vials here and open them up and just going to rub them on your hand. MR. JONES: OK. PERFORMANCE REPORTERS, INC., 201 Hast Birch Avenue, Suite 0b2695 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uw 2 B 4 15 16 7 18 19 20 21 2 23 24 25 94 OFFICER PARK: I am going to step out for one second. OK? I will be right back. MR. JONES: OK. Do you do the same thing over here? DETECTIVE COULES: I just have to fill out some paperwork for just a few minutes and then I will get going. OK? MR. JONES: Did you find my glasses? I can‘t really see too wel OFFICER HUNTER: I don’t know. I am not out at the scene. I just came from my house to the PD right here. So I don’t know if they found your glasses. DETECTIVE Cou Your report number? OFFICER HUNTEI I don’t know. I will go get it. BY DETECTIVE COULE: Q Thank you. And it is Steven Edward Jones, correct? MR. JONES: Yes, ma’am. So what are you doing? Q. I am just filling out some paperwork that I have to fill out with this gunshot kit. It’s just saying who I took it from. Whose hands I swabbed. 12-19-1996 is your date of birth? MR. JONE: Yeah. I am sorry that you had to wake up and come here. ° That’s OK, are you left handed or right PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002836 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 2B “4 15 16 v7 18 19 20 2 2 2B 24 25 95 handed? MR. JONES: Right handed. ° Can I look at your hands real quick? And go ahead and turn those over. Have you washed your hands at all since this happened? MR. JONES: No, I just wiped them on my clothes. Q. OK. Are you a full time student? MR. JONE! I don’t have enough Technically not. credits to be full time. Q Do you work anywhere? MR. JONES: No. Q OK. What kind of hobbies do you have? MR. JONES: I like driving. Q OK. MR. JONE! I like hunting. Playing guitar. I used to do competition shooting but not anymore, Q. OK. When was the last time you did that? Four, five years ago. I like working on cars. ° And from the time that this happened when you fired a gun to now. What did you do? MR. JONE: Like that affected my hands? Q. Like did you immediately get contacted by police? MR. JONES: From the time I fired the gun, I PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002837 Flagstaff, Arizona 860 Telephone: (928)213-1040 10 a 2 3 14 15 16 v7 18 19 20 an 2 2B 24 25 96 tried to help out a guy who was hurt on the ground. I got into a scuffle on the ground. I cried a lot. My hands sweat all over my clothes. And have blood on them. My hands like numb right here. Is that something I should be worried about? OFFICER HUNTER: Yeah, we can go up to the hospital and have them check it out. Can you still move it? I don’t think it is a big deal, but does that like mean it is dying? OFFICER HUNTER: No. Q. What's your report time? OFFICER HUNTER: (Unintelligible] Q. I just need the time of the call. OFFICER HUNTER: 0. Q. And that’s which day? The 10%? OFFICER HUNTER: October 9, Friday, October 9°. Q October 9t? OK Steven, did this happen outside, inside? MR. JONES: Outside. Q. What was the type of firearm? MR. JONES: A Glock. Q. Do you know what caliber? MR. JONES: Forty calibers, Glock 22, a present from my dad. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02836 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u R cy 15 16 7 18 9 20 2 2 2B 24 25 ” Q. Was it forty caliber ammunition? MR. JONES: Mm-hmm Q Do you by any chance know the manufacturer of the ammunition? MR. JONES: I believe it was Federal jacketed hollow point. Self-defense ammunition. @. And do you know about how many shots that you fired? MR. JONE I wasn’t counting, but if I had to estimate I would say between five and eight. Q Sorry, I am just going through some instructions here. Can you do me a favor and grab the kit for me? MR. JONES: [crying] What did you say your name was? Q. Mine, Detective Coules. MR. JO1 Coules? Do you know what happened to the other guys? Q. I don’t. MR. JONE: I’m just - I’m really sorry that you had to come down here. OFFICER HUNTER It’s OK. It’s OK though. Q. For the record, I’m just switching kits. I have to put clean gloves on prior to, so that’s what I’m doing. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OM2839 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 B “4 15 16 W 18 19 20 a. 2 23 24 25 98 MR. JONES: OK. Is Mr. Keegan still here? OFFICER HUNTER: Yeah. He’s probably going to be. He's filling out paperwork. Did you know Keegan before this? A, No, why? OFFICER HUNTER: Oh OX. He's just been super nice? A. Yeah. He’s a good man. OFFICER HUNTRER: He is. Alright, can I see your right hand? So what I am going to do is, I’m just going to rub this, you see this little black hing? Im going to rub it right here. On this part of your hand. That doesn’t hurt, right MR. JONE: No. OFFICER HUNTE Steven, are you a right handed shooter or a left handed shooter? aA. Right. OFFICER HUNTER You're right handed? OK. Did you ever shoot with your left hand today? MR. JONES: Not today, no. Not to the best of my knowledge. OFFICER when was UNTER: OK. Besides tonigh’ the last time you shot? MR. JONE Maybe a year ago. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002640 Flagstaff, Arizona 86001 Telephone: (928}213-1040 10 a 2 B 4 15 16 v 19 20 21 22 23 24 25 99 o Can you document the time for me please? OFFICER HUNTER: 4:33. MR. JONES: The last time I shot seriously and tried to actually be accurate was probably four or five years ago. Q. Can you lift up your hand a little for me? I’m going to do this area and then I am going to head to this area. OK, are you a detective? Q Ian MR. Do you like it? Q It is interesting. MR. But do you Q Well yeah, I have been doing it for a while MR. JONES: How long? Q. ‘I have been a police officer for thirteen years. MR. JONES: Wow. OFFICER HUNTER: 0-4-3-3. Q Thank you. OK, now let me have your left hand. Do I need to keep this one safe or ary? Q No. You're OK, I am going to do the same PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002841 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 B 14 15 16 v 18 19 20 21 2 2B 24 25 100 exact thing to your left that I just did to your right. MR. JONES: OK. OFFICER HUNTER: 4:34 Q Thank you and just turn your hand over here. OFFICER HUNTER: And 4:34, Q Thank you. Alright, all done. MR. JONES: OK. BY OFFICER HUNTER: ° Steven, were you wearing any other clothes other than those tonight? MR. JONES: No. Q You weren't? So just those? MR. JONES: Yeah, and my glasses. Q Do you know Shay’s phone number? MR. JONES: It is in my phone. Do you know how those guys are doing? Q I know that we have talked to Jake and I think we are still looking for Shay. MR. JONES: I thought they were -- I know they are OK. I saw them OK. I made sure they were before I left. ° OK, were they talking with Shay, talking to the police officer? MR. JONES: TI don’t know, I just saw them up and PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 02642 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 14 15 16 v7 18 19 20 21 2 2B 24 25 101 walking around. @ OK. Do you know if they got hit by anybody? MR, JONES: I don’t, but I heard one of them shout ow, like he got hit. Q. Do you know which one? MR. JONES: No. Q. Where was he when you heard that? Like right after I got punched. Like maybe a couple seconds. Q. Like right out there? Did you guys ever try to go into that house? MR. JONES: No never, We didn’t even step on their property. Q. OK, Describe that for me, if you could. Like what did you see? MR. JONES: Can I use your pen? So here is the sidewalk, here’s the curb, and here is the road. Q. OK. MR. JONE! So here’s their fence, like black metal fence and it goes on like that. Then they have a barbeque here, a walkway here, and some chairs over here. And we were right here on the sidewalk. We never went past the fence, we never, like we PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oM2s43 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 “4 15 16 v7 18 19 20 2a 2 2B 24 25 102 ever tried to go into the door or anything. Q OK, can you describe how the house was when you got there, regarding what you could see and hear and stuff? MR. JONES: Yeah, like muffled music, muffled voices. Like probably a party. Q. OK. Were any of the windows open? MR. JONES: No, blinds closed too. Q. Windows and the blinds were closed. what about the door? MR. JONE: Locked. Q. How do you know it was locked? MR. JONE: Well, I don’t. But like I imagine, was closed. Q. OK. So the door was closed. MR. JONE! Yeah, but if the blinds are drawn then it’s probably locked. Oc. MR. JONE Both doors, there are like two doors. There is one here and one here. Q. Which one did the people come out of? MR. JONES: I don’t know. I wasn’t even looking. I was looking at the stars. ° OK. So about how far -- when those guys came out, about how far away did you go before you got hit. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite op2ead Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B u 15 16 v7 18 19 20 2 2 2B 24 25 103 MR. JONES: We were already walking away when they came out and started harassing us, and pushing us, and telling us they were going to kill us. We were probably ii the middle of the street walking towards the parking lot. Q OK. MR. JONES: Then they all came out of the house and like followed us. OK. Do you mind if we take some pictures your injuries on your head, face, hands? MR. JONES: Yeah. Q. You do mind? MR. JONE: No, no, go ahead. Q You allow? MR, JONES: T allow you. Q. OK, thank you. Can Mr. Keegan come in here? Q. Yeah, he’s working on something for us right now and then he will come in real quick. He’s right here though, but he is working on some paperwork for us that we require. MR. JONE: OK. Cy We are going to wait on a camera. that blood on your knee there? MR. JONES: Uh, I think so. Yeah. Q. Are you injured any place else? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OU2e45 Flagstaff, Arizona 860 Telephone: (928)213-1040 10 u 2 1B “ 15 16 v7 18 19 20 a 2 2B 24 25 104 MR. JONES: Not to my knowledge. @ Not to your knowledge, OK. MR. JONES: My back is kind of sore from where the knee was, but it’s not like injured. Q OK. So do you have your key with you, can I see it real quick? MR. JONES: I do. @. Do you always keep it in that right front pocket there? wR. Not usually. Q. OK. Can I see your key FOB? mR. Yeah. That is always in my left back pocket. Q. OK, so the key FOB that gets you into your car is always in your left back pocket? MR. Yeah, the keys are usually clipped with a carabiner or something right on my belt. Q. OK, were you wearing a belt tonight? No. MR. JONES: So those were in my pocket tonight. Q OK. How accurate do you think your shots were if you had to guess? MR. JONES: Not accurate at all. 2 How come? PERFORMANCE REPORT Flagstaff, Arizona 860: BRS, INC., 201 East Birch Avenue, Suite 002846 Telephone: (928)213-1040 10 u 2 3 “4 15 16 7 18 19 20 24 2 23 24 25 105 MR. JONES: I was panicking, scared, and I couldn't see because my glasses were off. It was dark and I was shooting fast. ° OK. Outside of them saying those things, did anybody else present with a weapon? MR. JONES: A weapon? Q. Yeah. MR. JONE: I think one guy may have had a rock or a beer bottle or something that he was swinging but nobody else had a gun. Q Who was that and where did that happen at? MR. JONE: It was in the street, when they were chasing us in the street. Just some guy in the mob, there were like ten or twelve of then. ©. OK. And you didn’t know any of those? MR. JONES: jot a single guy. They just came out of nowhere. They were big and saying they were going to kill me and I was like no. @ OK. You need to go the bathroom or anything? MR. JONES: No. Q No. OK. Just one sip of alcohol tonight? MR. JONES: Yeah. Q That was it? MR. JONES PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002847 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 B “4 15 16 wv 18 19 20 21 2 2B 24 25 106 Q What time do you think you guys got to that apartment or the house? MR. JONES: Maybe one o'clock, I’m not sure. didn’t look at the time. Q. How long do you guys think -- I’m sorry, what time did you guys leave to go to your friend’s house over at the Grove? MR. JONES: Maybe 11:30, 12:00. Q. 11:30 or 12:00 so you left to go to the Grove? MR. JONES: Yeah Q. What time do you think you got to the Grove? MR. JONES: Maybe 11:30 or 12:00. We were right there basically. Q. OK. What was your intent when you guys went over to the Grove? MR. JONE! To hang out at our mutual friend's house. 2 Who is that? MR. JONES: I don’t know, I didn’t know her. It was a friend of one of the guys. He said, yeah they are just hanging out playing Guitar Hero, let’s go hang out with them, Q How long do you think you guys were at the PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oM2e4s Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un R B 14 15 16 wv 18 19 20 21 2 2B 24 25 107 apartment? MR. JONE: I don’t know. Maybe forty-five minutes to an hour. Q. Forty-five minutes to an hour. Did you guys ever figure out what happened to Hunter? MR. JONES: No. We were trying to get in touch with him when those guys jumped us. Do you know how those guys are doing, the big guys that got hurt? Q. Ido. 1 know that three are in the hospital and one has passed away. I told you I wasn’t going to lie to you. MR. JONE: No, [heavy breathing and crying] Three people in the hospital? Q. Three people in the hospital and one has passed away. MR. JONE! {unintelligible crying] I was just trying to walk home. Q. It’s OK. MR. JONE: Can I talk to Mr. Keegan? 2 To who? Mr. Keegan, OK let me go get him. MR. JONES: [sobbing] Q I don’t know where Keegan is right now. He will be back, I will let you talk to him OK. MR. JONES: OK. [hysterical crying] @. Do you need a tissue Steven? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite om2e49 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 “ 15 16 wv 18 19 20 a1 2 B 24 25 108 MR. JONES: No. Q. You don’t. OK. MR. JONES: [Hysterical crying] 1 didn’t want to I didn’t even know them. Why, why would they do that? (hysterical crying] Q Steven, it is going to be OK. OK? Steven take a sip of water, take a sip of water, OK. Take a sip of water. I will get Keegan back in here. I told you I wasn’t going to lie to you. Right? So I mean -- I'm telling you the truth, So I’ve told you what I know when you asked. So I don’t know where your glasses are, so MR. JONES: Thank you. Q. You're welcome. MR. JONES: I shouldn't be alive. @ No, don’t say that Steven. MR. JONES: I shouldn’t be alive. I should have just let them kill me. Q. Lots of things happened really, really fast, it sounds like. Really, really, really fast. So - MR. JONES: I should have let them kill me. [crying] Q. No. File 3 MR. JONES: [crying] 1 don’t know what to do. I have never felt like this. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oM2es0 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 11 2 B 4 15 16 7 18 19 20 21 2 23 24 25 108 Q. OK. MR. JONES: What do I do? Q. How do you feel? MR, JONES: I feel worthless. Q. Yeah. It is a lot to go through for an eighteen-year-old young man. I mean there was a lot, It started out with Guitar Hero earlier in the evening, didn’t it? We were just looking at the stars. MR. (crying Q. Did you eat dinner tonight? MR. JONES: No. @. You didn’t eat dinner tonight. when was you ate? MR. JONES: Six. Q Six? Well that’s dinner. What did you have for dinner or what did you eat at six o'clock? MR. JONES: A chicken sandwich. Q Chicken sandwich from where? MR. JONES: The Hotspot. Q The Hotspot, over at the main union. Who did you go over there with? MR. JONES: Fraternity brothers Q Fraternity brothers? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002851 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 45 16 v 18 19 20 2 22 2B 24 25 110 MR. JONES: Well I’m not -- a brother. I’m just Q. Sure, a pledge, they're still your brothers, I mean. MR. JONES: Fraternity friends. I have an interview. You have to interview with fraternity guys and I was interviewing with them. Q. Did you -- are Mike -- are they part of Sigma Chi? MR. JONE: Yeah. They are pledges like me. Q OK. So Mike and Shay are both -~ are Mike and Jake - Jake and Shay, sorry two first names Jake Mike, right first and last. Jake and Shay are bi dging the same fraternity as you? MR. JONE! Q OK. How long have you known those two guys? MR, JONES: Since we moved up here. Q. How did you meet them? MR. JONES: At Rush. Rush week. Q Oh so just recently. OK. MR. JONES: They are the only people really that have been nice to me since I moved up here. Only people who have showed any compassion toward me. Q OK. How did you end up deciding to pledge PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02862 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a R B 4 15 16 v7 18 19 20 a 2 2B 24 25, ua Sigma Chi, what was your thought process for that? MR. JONES: Because I felt loved. I felt like I had found a home away from home. Q. OK. How did you end up meeting those guys? MR. JONES: Just went to their barbeque at Rush Fest. Figured I would check it out And they -- you kind of integrated into -- like wow man those guys are pretty -- MR. JO? I started talking to them. They were really solid, genuine, honest guys who I thought I could come to love. OK. Did you know anybody in that fraternity? MR. JONES: No. How did you hear about their barbeque? MR. JONES: I went to Rush Fest and they gave me a flyer. Q OK, where is Rush Fest at? I haven’t heard of it. MR. JONES: The HLC. @ The HLC. Why them, did you get a Rush from anybody else? MR. JONES: I wasn’t interested in anybody else because they were all more interested in partying and girls. These guys actually support each other and care PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002863 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 B 14 15 16 v 18 19 20 2 2 2B 24 25 2 ‘about each other. ‘They pride themselves -- like their most prideful event is when they talk to each other about their problems, not parties, so I felt like I belonged there. ° OK. Have you ever talked to anybody about any problems that you have been having here, like a counselor or anything? MR. JONE: jo. I haven't been having a lot of problems here, I just felt lonely and you know kind of like nobody liked me. Q OK. MR. JONE Then I found those guys and I found my home. Like I had tons of friends and we were hanging out all the time and it was like high scho: Q. OK. Did you have any friends from high school that came up here as well? MR. JONES: No. Q You didn’t? MR. JONES: Not that I was like friends with. Q OK. How was -- I know that you were at that coop or the homeschool coop charter school. Did you have any friends there? MR. JONE Yeah, a few. Q. OK. Did anybody go to college? MR. JONES: Not to my knowledge. I didn’t keep in touch with them. PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002854 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 uu 2 4 15 16 v7 18 19 20 a 2 2B 24 25 13 Q. OK. When did you graduate from there? MR, JONES: I didn’t, I graduated from homeschool. Q OK. MR. (Unintelligible] ° OK, So just like this past May is kind of when you finished up your studies for homeschool? MR. JONES: I just got out of high school. Q OK. When you applied for NAU, what did you did you have to take an ACT or SAT? MR. JONES: S Q. How did you do on that one? MR, JONES: Pretty good. Q. What did you end up g MR. JONES: Eighteen hundred. Q. Eighteen hundred on your SAT, OK. Did you have any other offers to go to any other school? MR, JONES: Yeah, I got into ASU and [unintelligible] . Q. Why NAU? MR. JONES: Well, it’s just the right distance from home where you can back whenever, but it is not right there. It is so beautiful up here, the mountains and the trees, I just thought it would be very peaceful and when I took the tour, they sold me on the tour. PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002655 Flagstaff, Arizona 66001 Telephone: (928)213-1040 10 uw 2 B 4 15 16 v 18 19 20 21 2 2B 24 25 ua Q. Nice. what you mentioned you enjoy outdoor hobbies and things like that. what do you typically hunt when you go hunting? MR. JONES: I don’t really go hunting that often, but I still like it. Like the last time we went hunting was with my dad and my uncle and we hunted duck. Q. OK. Where was that at? MR. JONES: New River, Arizona. Q. Are you from that -- where is your home at? MR. JONES: Glendale. Q Where is that at? MR. JONES: Northwest Phoenix. Q. Northwest Phoenix? MR. JONES: By Surprise and Peoria. Q. OK. Are you further north than Peoria? MR. JONE! No, we are east and west. Q You are east and west of Peoria? Sister city. Q. OK. So last time you went hunting, how long ago was MR. A year or two. Q. Like a year or two ago? When you shoot in your competitions, when was your last? MR. JONES: Five years ago. Q. So you were a youngster then, only PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite ON2856 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 4 15 16 wv 18 19 20 2 2 23 24 25 115 fourteen? MR, JONES: Yeah. Q How long have you been shooting for? MR. JONES: Since my dad could teach me, Q You don’t remember? MR. JONES: Maybe eight or nine. Q Eight or nine. MR. JONE 1 He likes having me be responsible with firearms and respect them. He's an instructor, I know the core safety rules. He is an NRA instructor and he taught me how to defend myself and when to defend myself. We did some long range shooting and he was really into it. Q. What was your competition like? Was it a league or what? I don’t know anything about shooting -- MR. JONE! It was a like courses. They would set up square targets and you would have to run through courses and do it as quick as you could. Q OK, did they have like magazine exchanges and things like that? MR. JONES: Yeah. Q. OK. Did you ever win any of those? MR. JONES: I did alright. Q. You did? Alright, nothing -~ how old, so four, five years ago you would have been fourteen? Did you compete a lot? RMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002857 Flagstaff, Arizona 66001 Telephone: (928)213-1040 10 u 2 3 “4 15 16 7 18 19 20 21 2 2B 24 25 16 MR. competition. Q MR. one. Q MR. super into what kind of gun i JONES: No, it was just on Sundays, amateur Ok, what gun was yours? JONES: It was another Glock 22, a different You have a fancy for the Glock? JONES: It’s just what I am used to. I’m not is. T am just like, it was good to get out with my dad. Q here? MR. Q. MR. Q Yeah. Do you own or have any other guns up ONE: No. No? Just the Glock? JONE! I wasn’t even going to bring that. OK. Let me see if Mr. Keegan is back, he should be right there. Is Mr. Keegan back? Do you mind if we take some pictures real quick: don’ t? MR. Q You do mind or you JONES: No I don’t mind. Oh OK. Thank you sir. Can I have that marker? Today is October 9th, correct? OFFICER PARK: That is correct. Q. And what time do you have? OFFICER PARK: I currently have 4:53. Q All right Steven, can I have you stand up PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite Ob2858 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 2B 14 15 16 v7 18 19 20 21 2 23 24 25 u7 right here against the wall? I need a white background. 1 need you to hold this. I am going to take @ bunch of photographs. OK? I am going to take one from far, I need to move this back a little bit. You don’t mind if I take your picture? MR. JONES: No. ° We will start from the top down. Keegan can I get you to hold this on that side? Can you turn your head this way so I can get this? Can we get his lip? dust look straight ahead. MR. Knocked out my bridges. Q. Your teeth are knocked out, or your bridges are? Can I have you hold it underneath there Keegan? Can le bit below his teeth you lower it a lit! 0? Alright. Can I take a look at your hand there? And then if we can get -- Is that getting any better? MR. JONES: No, it is still numb. Q Were any of the injuries, you have an injury here, on your lip and there. Were any of those MR. JONE! My head’s got a couple. Q You got some on the back of your head? Can I get you to turn around? Actually, let me take some pictures of your lower body. You've got some blood there. OK. Can I have you turn around, real quick Steven? MR. JONES: Face the wall? PERFORMANCE REPORTERS, INC., 201 Hast Birch Avenue, Suite 002659 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 a 2 B 4 15 16 wv 18 19 20 21 2 23 24 25 118 0. Yeah, just face the wall. Put your head up straight if you could. Can you part your ton of hair? MR. JONES: There’s one right here, there is e lump, Like that right there. Q. Do you know how that occurred? MR. JONES: It was either when I was getting piled on on the ground, some guy kicked me when I was down. @ OK. Do you have any other injuries that you know of? MR. JONES: No. @. OK. You got some blood on your shirt, do you know if that is yours? MR. JONES: I think it might be. Q. Let me try to get a close up of that. Can you put that back in there? Lift it. Yeah right there. Let me get a close up of his torso area. OFFICER PARK: So you said you were on your knees. Do you think you may have scraped your knees at all? MR. JONES: I think so. Q. Can I have you lift up your pant leg? MR. JONES: Yeah. Q. Or if you feel comfortable, taking them down. MR. JONES: I don’t think [unintelligible]. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002860 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 15 16 ” 18 19 20 2 2 2B 24 25 @ Would you mind taking them down? Do you have [unintelligible] -~ on? MR, JONES: It's cold. OFFICER PARK: Yeah, they are a little scuffed ° Can I have you face, turn towards me? There you go. OK pull your pants back up. [unintelligible talking between officers] Keegan said that you were kicked. Do you feel any pain in your chest, arms, ribs? MR, JONES: I do have pain, but I think it is just from being so nervous and scared. Q. Can you put your -- actually hold your hand out like that? Both hands. MR. JONES: There is a lump right here too. @. Can you lift up your sleeve MR. JONES: Oh shit. Q Can you take your shirt off? Let's do that. Start with this right arm real quick -- actually stand up against the wall real qi ck, I am just going to take a couple pictures. Hold out your right arm, there you go. Can you hold it out straight towards me? Just like that, there you go. Put this in and hold just like that for me. Let's do that abrasion. Now the chest, this arm straight, if you can, out towards me. Can you hold it down like that? ‘There you go. ‘Turn around so I can get to your PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002861 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 B uu 15 16 uv 18 19 20 2 2 23 24 25 MR. JONES: What's it look like? Q. ‘There are some abrasions, there on your right shoulder. Or contusions I guess. I don’t know what they would be called. OK, thank you. You can put your shirt back on. MR. JONE! Mr. Keegan? BY OFFICER PARI Q. I'm sorry? MR, JONES: He said one of them died. [crying] 1 wish you had shot me. Q. Why is that? MR. JONES: Because I feel so bad. I should have They [Unintelligibl should have just fucking killed me. I should have just gave up and let them beat me to death. [hysterical crying} Oh God, God, God. Why would they do that? I didn’t even know them, Why would they do that, why? [Unintelligible). I just wanted to go play Guitar # ro. [long pause] Do you think that I am a bad person? Q No sir, I don’t. Personally I am happy had the opportunity to speak with you. Because you explained what your version of the events are and that is all the information that we have. MR. JONES: If they did what I said - PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002862 Flagstaff, Arizona 86001 Telephone: ($28)213-1040 10 a 2 B u 15 16 v7 18 19 20 21 2 23 24 25 12a Tanintelligible]? Q. _Ican’t put myself in your shoes because it is hard for me to grasp what you were feeling at that time. You know, like what you are going through could be completely different than how I feel towards something. I can feel one way that you would never experience in that way. In our heart we all have a lot of things that guide our perception. And unfortunately, if that is what you perceived, then that is what you perceived. 1 can’t speculate, you know, I can’t speak for you. I can’t. MR. JONE: Would you have done what I did? 2 I don’t know. I have never been in that type of situation. I couldn’t say yes. I couldn’t say no. MR. JONES: I shouldn't be alive. I shouldn't be. What is going to happen? Q I have no idea right now. I'm still waiting. I think they are -- I know they're testing -- as far as the gunshot residue. There are a lot of agencies involved right now. So there is NAU, there is Flagstaff Police Department, there is the Sheriff’s Office. And when you have a multi-agency response to something, it usually takes quite some time for all of us to get our stories together. Build the congregates of the investigation. so right now we are at the very, very forefront of that. MR. JONES: People must hate me now. I feel PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002863 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3B u 15 16 v7 18 19 20 a 2 23 24 25 Q. When was the last time you ate? MR. JONES: Six. 6:00 What did you have? MR. JONES: Chicken Sandwich. I’m starved. [Inaudible] a. [Unintelligible] 1 don’t understand the MR, JONES: [Unintelligible] So what happens now, just kind of like throw me in jail and forget about me? @. No we don’t do that to anybody. (Unintelligible] Until we hear other people's side of the story, I can’t say what’s going to happen after this. I don’t know. MR. JONES: OK. Q. How is your tooth by the way? MR, JONES: It’s starting to fall out. {Unintelligible] MR. JONES: It’s swollen. [Unintelligible conversation] MR. JONES: -- you did a presentation in the lobby of my dorm. 2 I probably did. I do those quite a bit. What presentation was that? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OW2864 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 B 4 15 16 v7 18 19 20 an 2 2B 24 25, MR. JONES: How not to get your bike stolen. @ Oh yeah. That is one of the first one’s I did. [Unintelligible conversation] MR. JONES: All the girls had a crush on you. Q. So I hear. MR. JONES: Are you supposed to be off work right now? Q No, this is my schedule, my regular time of working. I like to pick crazy hours. MR. JONES: Why? Q It's different - different types of calls. Daytime [unintelligible]. MR. JONES: So you like interesting calls? ° Uh, not so much interesting calls. It’s friends work this shift. My closest friend has the same shift. It’s kind of like a -- we kind of rotate. [Unintelligible} next semester or summer we will draw a day shift technically. : MR. JONES: What would you do if you saw a couple of big dudes teaming up on your friends? Q Well -- it’s -- MR, JONES: How would you react? Q That is a good question, because my friends are pretty much all cops. Alright, so. That's why earlier PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002665 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 4 15 16 7 18 19 20 21 2 2B 24 25 124 when I was thinking it’s hard for me to put myself in your shoes. Because you hang out with your types of friends and I hang out with my types of friends and all my types of friends are police officers. And I know [unintelligible]. I guess -- each person that I know and what they can and can’t do. MR. JONE! So you know if they can’t fight? ° Yeah, I kind of have similar background knowledge with that. MR. JONES: I can’t fight Q. You can’t fight? MR. JONES: Not at all. Q. Baseball -- [unintelligible]. You are pretty athletic though. Right? MR. JONES: I can bat, and run fast. But I’m not very strong at all. [Unintelligible conversation] Can I go to the bathroom? @ I can certainly check on that for you. MR. JONE: OK, would you please? Q Yeah give me a second. Silence 00:34:23 through 00:41:00. Q Steven, yep we're still checking on that. We have to check with [unintelligible]. I’m sorry. PERF Flagstaff, Arizona 86001 telep RMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002866 one: (928) 213-1040 10 a 2 B 4 15 16 y 18 19 20 21 2 2B 24 25 25 MR. JONES: OK. @. Hopefully it’s not an emergency. MR. JONES: OK. Q On a scale of one to ten, how bad is it? MR. JONES: Seven or eight. Q Seven or eight, ok. As soon as we can, we'll -- we just made the phone call, so. We got to follow the rules too. I'm sorry. MR. JONES: That's OK. Q. Do you remember your average? MR. JONES: Hmm? Q. Batting? MR. JONES: 2-4-5. Q. 2-4-5? Where were you in the line up? MR. JONES: Middle. @ Middle? That's good. MR. JONES: [Unintelligible] 2 How did the team do this season MR. JONES: Shitty. We lost like every game. Q. Really? That’s alright. MR. JONES: And I played just cause I liked playing. Not cause I was going to get a scholarship or wanted to be a champion. I just wanted to play. ° Why did you pick NAU? MR. JONES: Because it is beautiful. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002867 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 nu 2 B 4 15 16 7 18 19 20 a 2 23 24 25 126 @ Absolutely. MR. JONES: And it is just the right distance from home. Q. Yeah? That was the same thought process when I came, because my folks are down there still. Except that I started in 2007. [Unintelligible] MR. JONE! I was actually going to leave last week. I was going to drop out. But then I found Sigma Chi Q Nice MR. JONES: And uh - I should have left. Isn’t onic? that i: Q Well you know man, you're going to think happens to back to decisions that you make, I mean, of us, about how we could have done something a little bit differently. [Unintelligible] Circle of life. Just how it goes. MR. JONES: [Unintelligible] I’m too tired to sit right. ° In here? If you feel like you want put your head down on the table and just take a little cat nap, if you want to sit in that chair, you’ re than welcome e to. I’m just waiting for that phone call. [Inaudible] MR. JONES: I just really have to pee. Q I know. Silence from 00:43:50 to 00:45:58. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002868 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B “4 15 16 wv 18 19 20 2 2 2B 24 25 127 Q [Unintelligible] for the walk back at least. MR. JONES: OK. ° We'll be right back, OK? MR. JONES: OK. Silence from 0} 00:48:02. OFFICER HUNTE! Steven, do you have blood on your hands? A. I think so, yeah. Can I take a look at thi OFFICER HUNTE! A. Yeah. OFFICER HUNT) Is that your blood? A. I don’t know OFFICER HUNTER: OK. That’s what that is? OK. Was that there? Or -- that’s not from that gunshot residue test that they took, was it? AL No. OFFICER HUNTER: OX. So it was there before? hee voah* OFFICER HUNTER: I was just making sure. OK. Do you need anything to eat? A I’m OK. Thank you. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite oM2s69 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 1“ 15 16 7 18 19 20 21 2 23 24 25 128 OFFICER HUNTER: You're OK? And you got enough water? And you went to the bathroom? Alright were waiting on another detective, and we're going from there. So Keegan's going to stay in here. A. OK. (Unintelligible] BY OFFICER PAR! Q You done with this? What was this from? Which one’s this one? MR. JONES: Um, He wanted me to explain how we weren't on their property. (On ObiOK, MR. JONES: That's the sidewalk, and then -- Q This is the sidewalk? MR. JONES: Yeah. Q. The north one? The south one? This is the parked car? MR. JONES: No, no, no. That's the sidewalk and that’s me. @ This is you? MR. JONES: Yeah. @ And this is the house? Or that’s the parking lot? MR. JONES: Street. ° OK. You remember which place you were at out at the Grove? PERFORMANCE REPORTERS, INC., 201 Hast Birch Avenue, Suite 002870 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un 2 B 1“ 15 16 wv 18 19 20 21 2 23 24 25 129 MR. JONES: No. Q. You know the address? MR. JONES: That was some girl's place. Q. You don’t know her name? MR. JONES: I remember one of them was named Rachel. But like I wasn’t having very much fun, Q OK. MR. JONE! (Unintelligible] @. Gotcha. Now where would that -- so Franklin, that street goes straight through the Grove? Is that house along that road, or is it some other road? MR. JONE: was one of the apartments. Q It was one of the apartments? OK. And when you guys -- why'd you guys leave the party? MR. JONE: Um, we were bored. Q. Bored? Is that where you say rock band or guitar Guitar MR. JONE! Hero. ° Guitar Hero? Was that where you guys were playing? At the Grove? MR. JONES: Yeah. Q OK, Which instrument did you select? MR. JONES: Guita 2 The guitar? MR. JONES: I should have brought my guitar up PERFORMANCE REPORTERS, INC., 201 Bast Birch Avenue, Suite 002871 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 B “4 15 16 vv 18 19 20 21 2 2B 24 25 130 here. (Unintelligible] Q. Which gaming system is that with? MR. JONES: [Unintelligible] ° OK. So it’s only guitar. You don’t have a microphone? You don’t have the drum set? MR. JONE: Just the guitar. Q. dust the guitar. OK. So you got bored with that and that’s when you guys left? MR. JONES: Mm-hmm. ° And you stopped in front of the house, contempla what to do? MR, JONES: Yeah. Q. He was on his cell phone? MR. JONES: Yeah. @ What has his argument with his girlfriend about? That’s not who it was on the phone. Q Oh, oh. MR. JONES: Shay was on the phone trying to call Hunter in front of the house. Jake was arguing with his girlfriend downstairs back at the apartments. QO. OK. MR. JONES: Then we saw him on the way out and he came with us. Q. Oh, oh. OK. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02872 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B “ 15 16 Vv 18 19 20 2 2 2B 24 25 131 MR. JONES: He was really bummed and I was trying to cheer him up. And then all of a sudden I got punched in the face. Q. Hmm, Was it like a break-up for something? MR. JONES: I don’t know. Yeah. I was pointing out the constellations to him because my dad likes that stuff. Q You know much about constellations? MR. JONES: I know a lot of them and then their stars. @ I have to cheat and use -- it’s called Sky View. That App. That's what I have to do. MR. JONES: That's cool [yawning]. MR. JONES: Yeah. [Unintelligible] Q. -Mm-hmm. And what was the name of the aternity that you guys -- the house that you stopped in nt of? MR. JONES: Delta Chi. Q Delta Chi? Did they have some sign up that indicated they were Delta Chi, or how did you know it was Delta Chi? MR. JONES: On the way to the apartments, we were walking past it hours earlier. Q OK. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002873 Flagstaff, Arizona 86001 Telephone: (928) 213-1040 10 u 2 B 14 15 16 wv 18 19 20 21 22 23 24 25 132 MR. JONES: I saw a couple Delta Chi’s there. Q So you recognized some people in the Delta chi? MR. JONES: The Delta Chi I was friends with, I said hey. I was like what's up and kept walking. Q Oh OK. So do you know what time that was, when you MR. 0, 12:00 maybe in there, Q Oh OK. So 11:30, 12:00 you're on that sidewalk that you were walking east toward to Grove to go play Guitar Hero MR. JONES: Mm-hmm. Q. And you see one of your buddies who's a Delta chi? MR, JONES: We weren't buddies. We were acquaintances. @. dust acquaintances. OK. Then you say hi to him. Was he there when you guys came back the second round? MR. JONES: No he wasn’t. But another guy was. Q What was that guy’s name? MR. JONES: [Inaudible] Q. — [Inaudible} MR. JONES: [Unintelligible] @ How many people where at that party do you PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002874 gstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 3 “u 15 16 v 18 19 20 21 2 B 24 25 133, think? Because you said it was loud. MR. JONES: I'd say between thirty and forty. Q. ‘Thirty to forty people? Anybody that you recognize at all? MR. JONES: I have seen some of the guys who were trying to hurt us. Q And this place had a grill behind the fence? MR. JONES: It was totally bare. And the blinds were closed. Q OK. MR, JONE! And they obviously wouldn't want anybody to know they were having a party. @. OK. Did you -- you said you didn’t want to go to their party? MR. JONES: We didn’t. Q. Nobody wanted to go? MR. JONES: As pledges we were discouraged from going to parties with other fraternities. Q OK. MR. JONE: And also, the other guys have a reputation for being violent. Q Mm-hmm. MR, JONES: $o -- Q Did those guys think maybe that you guys PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite OM875 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u R B ry 15 16 v 18 19 20 2 22 2B 2% 25, 134 wanted to get into their party? MR. JONES: Probably. They probably thought we were some stupid freshman trying to get into their party. Q. Did you guys say anything to them, at al MR. JONES: We didn’t say a damn word to them until they starting coming out. Q. Not a word? You just had somebody on the phone and then they just started coming out? MR. JONES: What happened -~ probably happened was -- Shay was on the phone and was mumbling to himself, ike pick up your phone you asshole, what the fuck, you left us. And they may have heard him inside saying that and thought he was like talking to them. Q OK. MR. OI That's probably what happened. 1 have no idea. @. OK. So you and Shay didn’t want to go to the party. MR. JONES: No. We had no interest. We were walking away from the party when they came out and tried to fight us. ° Gotcha. So you said it was discouraged ~ that if you were to go to another fraternity, what would happen? MR. JONES: Nothing. They'd just be like, why PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite O2876 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 a 2 B 4 1s 16 v7 19 20 2 2 2B 24 25 135 did you do that, like we don’t hang out with them. you shouldn't do that. Q OK. So there’s not like inside punishment or anything like that? MR. JONES: Not in my -- not to me, Q. OK. MR. Delta Chi does that all the time, and you know Q. Gotcha. MR. JONES: To get into Delta Chi they lock you in a room with four other guys, and you have to [unintelligible] or drink a handle of vodka before you can come out. If you can’t do it, you have like to run a mile or [unintelligible] it’s stupid. Q So when you got pulled over by that female officer, you said that she took your gun apart? MR. JONES: No, she just unloaded it. Q She just unloaded it so just the magazine was outside? MR. JONES: [Unintelligible] Q OK. And then when did you put the gun back together? MR. JONES: It wasn’t disassembled. But I -- Q Where did you put [unintelligible]? MR. JONES: Well I put the magazine back in after PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002877 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 1 2 3B 4 15 16 v7 18 19 20 21 2 23 24 25 136 she left. 1 was like, when can I put this back in the glove box? And she was like, wait until I leave and [unintelligible]. Q. OK. MR, JONES: [Unintelligible] 2. Mm-hnm, MR. JONES: [Unintelligible] His name is Colt. Say that again. MR. JONES: Colt, like he had nothing to do with it. Q. Uh-huh. MR. JONES: He’s just a guy. He has tattoos with checkmarks for everybody he killed in Afghanistan. His entire side is covered. Q. Wow. MR. JONES: [Unintelligible] ° these they uh -- are these Ray Bans in your photo? MR. JONES: Yeah. [Unintelligible] [Unintelligible] MR. JONES: [Unintelligible Instagram. @. Gotcha. MR. JONES: My parents drive up last week just to give them to me. Q That's nice of them. Are you close to your PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02878 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uw 2 3 “ 15 16 7 18 19 20 a 2 23 24 25 137 parents? MR, JONES: Yeah. [long pause] [Unintelligible] That's a great question. Being inside this room -- my access. I don’t have access to any of the information out there. MR, JONES: Yeah, you're in here. Q. Yeah. MR. JONES: (Unintelligible] Thank you. Q. You’ re welcome. MR. JONES: [(Unintelligible] Q Mm—hmm.. MR. JONES: [Unintelligible] Oh yeah? Yeah. Great [unintelligible). MR. JONES: I thought about [unintelligible]. I still have my backpack in my car. Q. Yeah. MR. JONES: You said yeah, like you knew already. No I have no idea. MR. JONES: I still have a bunch of ammo in my back pack. Q. In the [unintelligible]? MR. JONES: Yeah. [Unintelligible] Q. You primarily -- shoots -- is that what you're talking about? MR. JONES: Mm-hmm. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02879 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 u 2 B 4 15 16 v 18 19 20 21 2 2B 24 25 138 How long since -- since eight years old? MR. JONES: No, no, no. I only did that for a couple years. But I’ve been shooting since I was eight years old. Q. Shooting since you were eight MR. JONES: Yeah. Q. (Unintelligible] MR, JONES: My dad wanted to make sure I knew how to defense myself. File 4: MR. JONES: [Unintelligible] -- my life choices. Are you close with your parents? Q. Tam, Yeah, MR. JONES: What are they like? Q. What's that? MR. JONE: What are they like? Q. Well my dad's retired [unintelligible]. And my mom [unintelligible]. MR. JONES: Are they proud of their policeman son? Q. They are. They do not want me to do this job. They still don’t. MR. JONES: [Unintelligible] -- don’t see [unintelligible]. Q. It can be a little scary sometimes. PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002880 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 uu 2 B u 35 16 v 18 19 20 21 2 2B 26 25 139 MR. JONES: I’m sorry that I have to put you through this. Q. You're not putting me through anything. MR. JONES: Nobody wants to see a dead body. ° No. I didn’t see one. I am here with you. So I think Ken said that another detective is coming in. That detective -- I’m not too sure. You'll talk to some guy. I -- I don’t know. So, before they get here, do you mind if we go over your story one more time? MR. I don't know if I’m up to it. Q OK. MR. I’m really tired. Q OK. MR. I can try but I'll probably get things wrong. @. Can you just try your best for me? MR. JONES: I can do the quick and easy version. Q. The quick and easy version? OK. MR. JONE! Walking back from the Grove. We realize Hunter’s not with us and we stop in front of a random house. Were on the sidewalk. [Inaudible] Shay’s trying to get Hunter on the phone and we kind of decide that we're going to go back to the View, instead of going back to my car and going home. So, we started walking toward a - and then ten to twelve toward the parking PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002881 Flagstaff, Arizona 86001 Telephone: (928)213-1040 10 un 2 B 4 15 16 v7 18 19 20 21 2 2B 24 25 guys come out of nowhere, behind us, and started pushing us. Threatening us, telling us they're going to kill us. And then I got punched in the face and I ran to the driveway in Mountain View. Then, Shay and Jake, ran that way too. And they were pushing us and someone’s threatening to kill us. So 1 ran toward my car to get in and drive away and pick them up but I couldn’t find my keys and I panicked. So I grabbed my gun and I told them, those two guys that chased after me when I ran to my car, that I have a gun. And they ran at me and told me they were going to kill me. I was afraid for my life. [Unintelligible] so I protected myself. I tried to render aid. 1 tried to help the guy that -- he was down, because he looked bad. Tried to go help him but someone snuck up on me and tried to grab my gun. I got pushed to the ground. A bunch of people jumped on me, started kicking, punching me. They were saying they were going to kill me. They were trying to get my gun so I thought they were going to kill me with my own gun. So I fired warning shots. Shot them in the air and they disbursed. And then some random guy showed up and said that if I gave him my gun, he wouldn’t let anybody take it and keep it safe. So I put it on the ground behind him. Then I walked over to you. That's exactly what happened. Q OK, Can I ask you a couple of questions PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 02882 Flagstafé, Arizona 66001 Telephone: (928)213-1040 10 a 2 1B uu 15 16 v7 18 19 20 2 2 23 24 25, aaa real quick? Real quick, So, you -- you were in front of the house and you were deciding whether or not to go back to the View versus to your car to go home. Where was home? MR. JONES: McConnell. Q. Do you guys all live in McConnell? MR. JOD No, I was going to drop them off at Reilly first. Q. OK. So, Drake and Shane, or Shay. MR, JONES: Jake and Shay. ° Jake and Shay. Jake and Shay live at And you were going to drop them off at Reilly on the way to McConnell Ha: There you go. Q. OK. What was going to -- why was the View an option’ MR. JONE: Because Hunter was missing. And we just wait right there. Plus, we were just going to - hanging out with all the ac e members cause they’ re really cool guys [unintelligible]. Q OK. So the View was a place where Hunter could go back to? MR. JONE! We could hang there and he could come back to us there. Q. OK. [Inaudible] And you know other brothers there? PERFORMANCE REPORTERS, INC., 201 East Birch Avenue, Suite 002ee3 Flagstaff, Arizona 86001 Telephone: (928)213-1040

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