1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1708 in. (Jury in at 1:05 p.m..) THE COURT: All right. Welcome back, ladies and gentlemen. Have a seat and we're ready to resume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please. Mr. Brunson, if you'll come right up here to the front for me, please, sir, and if you'll raise your right hand the clerk is going to administer an oath to you. LELAND BRUNSON, having been produced and first duly sworn as a witness on behalf of the State, testified as follows: THE WITNESS: Yes. THE COURT: All right, sir, if you'll come right around here and have a seat over here for me. The bailiff will show you. And once you come -- yeah. Just pull that microphone to you and you can scoot the chair up a little bit if you like. Be sure and just speak up loudly into the microphone so we can all hear you, all right? THE WITNESS: All right. THE COURT: All right. Mr. Guy. MR. GUY: Thank you, sir.
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DUNNTRIAL9lawofselfdefense.web.unc.edu/files/2014/10/Leland-Brunson.pdfresume. Mr. Guy, your next witness. MR. GUY: Thank you, Judge. Leland Brunson. THE COURT: Leland Brunson, please.
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Transcript
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1708
in.
(Jury in at 1:05 p.m..)
THE COURT: All right. Welcome back, ladies
and gentlemen. Have a seat and we're ready to
resume. Mr. Guy, your next witness.
MR. GUY: Thank you, Judge. Leland Brunson.
THE COURT: Leland Brunson, please.
Mr. Brunson, if you'll come right up here to the
front for me, please, sir, and if you'll raise your
right hand the clerk is going to administer an oath
to you.
LELAND BRUNSON,
having been produced and first duly sworn as a witness
on behalf of the State, testified as follows:
THE WITNESS: Yes.
THE COURT: All right, sir, if you'll come
right around here and have a seat over here for me.
The bailiff will show you. And once you come --
yeah. Just pull that microphone to you and you can
scoot the chair up a little bit if you like. Be
sure and just speak up loudly into the microphone
so we can all hear you, all right?
THE WITNESS: All right.
THE COURT: All right. Mr. Guy.
MR. GUY: Thank you, sir.
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1709
DIRECT EXAMINATION
BY MR. GUY:
Q Good afternoon, sir. Please tell the members
of the jury your name.
A My name is Leland Brunson.
Q You live here in Jacksonville?
A Yes.
Q How old are you?
A 18.
Q And on November 23rd of 2012 how old were
you?
A I was 17.
Q Are you in school at this time?
A Yes.
Q Where is it that you go to school?
A Wolfson High School.
Q And what grade are you in?
A Senior.
Q Are you scheduled to graduate this spring?
A Yes.
Q Were you attending Wolfson High School in
November of 2012?
A Yes.
Q And who do you live with now?
A My mom.
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1710
Q Did you know a person named Jordan Davis?
A Yes.
Q Where did you meet Jordan Davis?
A At school.
Q At Wolfson?
A Yes.
Q Were you and Jordan Davis in the same grade?
A Yes.
Q And what part of town did you live in in
November of 2012?
A On the southside.
Q And who did you live with in November of
2012?
A My mom.
Q Where did you live in relation to Jordan
Davis? About how far apart?
A A block over.
Q Okay. And in the fall of 2012 how often
would you see or talk to Jordan Davis?
A Almost every day.
Q And over the time that you knew Jordan Davis
how would you characterize your relationship with him,
that is were y'all friends, best friends, acquaintances
or what?
A Best friends.
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1711
Q Do you also know a young man named Tevin
Thompson?
A Yes.
Q And did you meet Tevin Thompson before or
after you met Jordan Davis?
A After.
Q Do you also know Tommie Stornes?
A Yes.
Q And how did you meet Tommie Stornes?
A Through Tevin.
Q Tevin Thompson?
A Yes.
Q All right. Out of those three people, Jordan
Davis, Tevin Thompson and Tommie Stornes, who were you
closest to?
A Jordan Davis.
Q Specifically let me turn your attention to
Friday, November 23rd, 2012. Do you remember that day?
A Yes.
Q Did you see Jordan Davis on that day?
A Yes.
Q And where did you see Jordan Davis in the
afternoon of November 23rd?
A At his house.
Q Did you go over to his house that afternoon?
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1712
A Yes.
Q How did you get there?
A My mom dropped me off.
Q Did you have a car at the time?
A No.
Q Did Jordan Davis have a car?
A No.
Q Do you recall the exact time that you got to
Jordan Davis' house that afternoon?
A No.
Q Was it still daylight?
A Yes.
Q All right. And did you and Jordan Davis
leave his residence that afternoon or early evening?
A Yes.
Q Where did you go?
A To Tevin's house.
Q And what did you do at Tevin's house, if
anything?
A Well, we stayed in the car. Tevin he went
upstairs and changed.
Q All right. And when you say we stayed in the
car, who are you referring to?
A Me, Jordan and Tommie.
Q And Tevin Thompson went inside to change
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1713
clothes?
A Yes.
Q Did he do that?
A Yes.
Q All right. How were the four of you
traveling that afternoon?
A We were traveling by car.
Q In whose car?
A Tommie's.
Q What kind of car was it?
A It was a red Durango.
Q All right. Let me ask you to look at your
monitor. Do you see state's 43 there?
A Yes.
Q Do you recognize that?
A Yes.
Q Does that appear to be Tommie Stornes' red
Dodge Durango?
A Yes.
Q All right. And where did the four of you go
after you left Tevin Thompson's house?
A Went to the Town Center.
Q And what was the purpose of going to the Town
Center?
A Girl shopping.
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1714
Q Did Jordan Davis see anybody at the Town
Center that he knew, any girls?
A His girlfriend, Aliyah.
Q And where did -- where did y'all run into
Aliyah?
A At Urban Outfitters.
Q All right. You know her last name?
A Harris.
Q All right. And did the four of you stay
together, that is you, Tevin Thompson, Tommie Stornes
and Jordan Davis, did the four of you stay together
while you were at the Town Center?
A Yes.
Q All right. And about how long were the four
of you there approximate?
A About hour or two.
Q And did the four of you leave the Town Center
together?
A Yes.
Q And did you leave in Tommie Stornes' Durango?
A Yes.
Q And where were the four of you going?
A We were going to the Avenues Mall.
Q All right. That's also on the southside?
A Yes.
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1715
Q All right. Who was driving the Dodge Durango
when you left the Town Center?
A Tommie.
Q And where were you seated?
A I was seated behind Tommie.
Q And where was Jordan Davis seated?
A He was sitting -- he was seated behind the
passenger.
Q Was Jordan Davis in the back seat?
A Yes.
Q Was he sitting next to you?
A Yes.
Q Okay. And Tevin Thompson, where was he
seated?
A He was seated in the passenger seat.
Q Front or back?
A Front.
Q Okay. Did the four of you stop anywhere on
the way to the Avenues Mall?
A Yes.
Q Where was that?
A On Gate Gas Station.
Q And why did y'all stop at the Gate?
A To get some gum.
Q Was there any reason y'all wanted to get gum?
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A We didn't want our breath to be stinking.
Q Okay. Which Gate did you stop at?
A The one on -- between Southside and
Baymeadows.
Q And where -- relative to the store itself
where did Tommie Stornes park the car when he got to
the Gate Gas Station?
A He parked on the left side of the front door.
Q Was the Durango facing the store?
A Yes.
Q All right. When Tommie Stornes pulled into
that parking space, was there anybody on the passenger
side of the Dodge Durango?
A No.
Q After Tommie Stornes pulled in, did anyone
get out of the Dodge Durango?
A Nobody got out except Tommie.
Q All right. And where did Tommie go?
A Into the store.
Q You, Jordan and Tevin stayed in the car?
A Yes.
Q Was there music playing in the car while the
three of you were waiting for Tommie Stornes?
A Yes.
Q And what type of music was playing?
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1717
A Rap.
Q What was the volume of the music?
A It was pretty loud.
Q And as you all were sitting there at that
time what was -- what was Jordan Davis' demeanor like?
What was his mood like that afternoon?
A Happy.
Q What -- how about Tevin Thompson?
A Happy.
Q Tommie Stornes?
A Happy.
Q And yourself?
A Happy.
Q At some point while the three of you were
sitting there waiting for Tommie Stornes to come back
did a car pull into the parking space on the passenger
side of the Durango?
A Yes.
Q And did that car park immediately next to the
Durango or a space or two over?
A It was next to the Durango.
Q Did anyone get out of that car?
A A white blonde lady got out of the car.
Q Okay. And a white female?
A Yes.
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Q All right. Did you see where she went?
A She went in the store.
Q Did you ever look at the driver of the car
that pulled up next to the Dodge Durango?
A Yes.
Q Could you tell if the driver was male or
female?
A Male.
Q Could you tell if that man was white, black,
Hispanic, Asian or what?
A White.
Q While y'all were waiting for Tommie Stornes,
did the driver of that car parked on the passenger side
say something to y'all or in your direction?
A Yes.
Q And what was that?
A He said can you turn the music down? I can't
hear myself think.
Q And were you looking in the driver's
direction when he said that?
A Yes.
Q Did anyone -- let me ask you this: Do you
recall whether or not the driver's window was up or
down when he said that?
A It was half way down.
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1719
Q Did anyone turn down the music when he asked
you to turn down the music?
A Yes.
Q And who turned it down?
A Tevin.
Q All right. Did Jordan Davis say anything
when Tevin Thompson turned down the music?
A Yes.
Q What was that?
A He said, no, turn the music back up.
Q And who did you Jordan Davis say that to you?
A Tevin.
Q And what did Tevin Thompson do when Jordan
Davis said turn the music back up?
A He turned it up a little bit but not as loud
as it was before.
Q Did Jordan Davis say anything to the driver
of the other car after Tevin Thompson turned the music
back up?
A Yes.
Q Did he curse at him?
A Yes.
Q What did he say?
A He said F.U..
Q All right. And when he said that, did he say
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1720
the word as opposed to just F?
A Yes.
Q Okay. Did you say anything to the driver of
that other car?
A No.
Q Did Tevin Thompson?
A No.
Q And was Tommie Stornes still in the Gate
Station while this was going on?
A Yes.
Q Did the driver of the other car and Jordan
Davis start exchanging words at that point?
A Yes.
Q Was the music still up?
A Yes.
Q Could you hear what the driver was saying to
Jordan Davis?
A No.
Q Could you hear what Jordan Davis was saying
to the driver?
A No.
Q Did Jordan Davis appear to be upset?
A Yes.
Q Did the driver of the other car appear to be
upset as they were exchanging words?
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A Yes.
Q Did you ever see Jordan Davis put his hand on
the car door handle while he was arguing with the
driver of the other car?
A Yes.
Q How many times?
A One time.
Q And what did -- did Jordan Davis ever open
the door?
A No.
Q At what point in their exchange did he put
his hand on the door handle? Was it towards the
beginning, in the middle or the end?
A The middle.
Q Did you ever hear Jordan Davis threaten the
driver of the other car?
A No.
Q Did you ever see Jordan Davis threaten the
driver of the other car?
A No.
Q Was Jordan Davis using his hands when he was
talking?
A Yes.
Q Can you show the jury what you mean by that
when you say he was using his hands?
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1722
A He was -- he was talking to him and he was
pointing at him.
Q What -- all right. And you demonstrated with
your right hand?
A Yes.
Q Would the driver have been to Jordan Davis'
right side?
A Yes.
Q Okay. Do you recall what Jordan Davis was
doing with his left hand?
A He had it propped up on the back seat.
Q Okay. Like -- like you're demonstrating?
A Yes.
Q Like out towards you?
A Yes.
Q Okay. Did Jordan Davis ever put his hand or
any object out of the car window?
A No.
Q Did Jordan Davis ever put his hands in the
shape of a gun or anything like that?
A No.
Q Did you ever see anything in Jordan Davis'
hands when he was talking to the driver?
A Yes.
Q What was that?
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A Cell phone.
Q And which hand?
A The right hand.
Q All right. And when during their exchange
did Jordan Davis have the cell phone in his hand?
A Toward -- in the middle.
Q And you were sitting next to Jordan Davis the
whole time?
A Yes.
Q Did you ever see or hear Tevin Thompson who
was sitting in front of Jordan Davis, did you ever see
Tevin Thompson threaten the defendant in any way?
A No.
Q Did you ever -- excuse me, the driver of the
other car?
A No, I didn't.
Q Did you ever see Tevin Thompson threaten him?
A No.
Q Did you ever threaten the driver of the other
car?
A No.
Q Were you aware of any weapons in the Dodge
Durango that evening?
A No.
Q Do you recall at any point whether or not
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Tevin Thompson adjusted Jordan Davis' window?
A Yes.
Q And how did he do that? Did he raise it or
lower it or what?
A He raised it.
Q Was it -- did he raise it all the way or was
there still space left?
A Still space.
Q Can you demonstrate for us with your hands or
your fingers about how much space was left?
A About this much space.
Q Okay.
MR. GUY: And, Judge, for the record I'd say
that's about three inches.
THE COURT: Three to four.
MR. GUY: Okay.
THE COURT: By my estimate, for whatever
that's worth.
MR. GUY: Thank you.
BY MR. GUY:
Q At some point did Tommie Stornes come out of
the Gate Station and back to the Durango?
A Yes.
Q All right. Did you see or hear Tommie
Stornes threaten the driver of the other car at any
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point when he came back to the Dodge Durango?
A No.
Q And were Jordan Davis and the driver of the
other car still arguing when Tommie Stornes got back in
the Dodge Durango?
A Yes.
Q Did you see or hear the driver say anything
to Jordan Davis after Tommie Stornes got back in the
Durango?
A Yes.
Q What was that?
A Are you talking to me?
Q And how could you hear that?
A Tevin turned the music down.
Q When?
A When Tommie got back in to let him know what
happened.
Q Did Jordan Davis say anything back to the
driver when the driver said are you talking to me?
A Yes.
Q What did he say?
A Yeah, I'm talking to you.
Q And what did you see the driver of the car --
of the other car do when Jordan Davis said, yeah, I'm
talking to you?
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A He reached into his glove compartment.
Q Did you see what the driver got out of his
glove compartment?
A Yes.
Q What was that?
A A gun.
Q And what did the driver do with the gun when
he grabbed it from the glove compartment?
A He cocked it back.
Q And show the jury what you mean when you say
he cocked it back?
A Like he was holding it and cocked it back.
Q Pulled the slide back on it?
A Yes.
Q Okay.
MR. GUY: And for the record, Judge, the
witness made a demonstration to that effect.
THE COURT: So reflected.
BY MR. GUY:
Q What did the driver do with the gun after he
grabbed it and pulled the slide back?
A He aimed it out of his window.
Q And where did he aim it?
A Towards Jordan window.
Q And what did the driver do with the gun when
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he aimed it at Jordan's door?
A He started firing.
Q Were there more than -- was there more than
one gunshot?
A Yes.
Q What did -- what did Tommie Stornes do when
the driver of the other car started firing into Jordan
Davis' door?
A He put it in reverse and --
Q Did he back up?
A Yes.
Q Did the driver continue to fire as Tommie
Stornes was backing up?
A Yes.
Q And what happened to Jordan Davis as Tommie
Stornes was backing up? Did he stay sitting up or did
he do something else?
A No. I tried to pull him down but when I
pulled him down he just fell into my lap.
Q Okay. Show the jury what you mean when you
say you pulled him down.
A Like I ducked down and I was trying to pull
him down as well away from the shots.
Q Okay. So you -- you ducked down yourself?
A Yes.
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Q And then you pulled Jordan Davis down?
A Yes.
Q Did you pull him toward you?
A Yes.
Q Did he -- you said he fell toward you?
A Yes.
Q After Tommie Stornes backed up, what did he
do?
A He -- he pulled forward into the next part of
the plaza.
Q Was the driver of the car on the passenger
side still firing when Tommie Stornes drove forward?
A Yes.
Q How did you feel when the driver of the other
car was firing at the Durango?
A Scared.
Q And you said that Tommie Stornes drove the
car into a parking lot, adjacent parking lot. Did he
keep going or did he stop?
A He stopped.
Q Do you recall exactly where he stopped?
A No.
Q Did you ever get out of the car when he
stopped?
A No.
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Q What were you doing when Tommie Stornes
stopped the Durango in the plaza?
A I was checking on Jordan.
Q How were you checking on Jordan?
A I called his name but he didn't respond so I
checked his body to see if he was hit.
Q How did you check his body?
A I just patted him down in the upper body.
Q Did you touch anything that led you to
believe he had shot?
A Yes.
Q What?
A When I reached -- when I reached and touched
him blood appeared on my fingers.
Q When Tommie Stornes stopped the Durango in
the plaza, do you remember whether anyone got out of
the Durango?
A Yes.
Q Okay. Who do you recall getting out?
A Tevin.
Q And what did Tevin do, Tevin Thompson do when
he got out of the Dodge Durango?
A He started yelling Jordan's name.
Q Did Jordan Davis respond at all when his name
was called?
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1730
A No.
Q Was Jordan Davis still lying with his head or
upper body in your lap?
A Yes.
Q Did Jordan Davis respond physically at all
when his name was called? Did he move?
A No.
Q Was Jordan Davis making any sounds?
A Yes.
Q What was that?
A He was gasping for air.
Q And where did y'all go after you stopped in
the plaza?
A We returned back to the Gate Gas Station.
Q All right. And when you say you went back to
the Gate, did y'all do like a three-point turn? Did
you turn the car around? Did you drive around? Did
you back up or what?
A We backed up.
Q Tommie Stornes was still driving?
A Yes.
Q And as you all are in the plaza and backing
up did your focus ever leave Jordan's condition?
A No.
Q Did Tommie -- where did Tommie Stornes park
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1731
or pull into when y'all got back to the Gate?
A On the left side.
Q And again was he facing the store?
A Yes.
Q And you mean to the left side of the front
door?
A Yes.
Q All right. And when you all got back to the
Gate and the car stopped, what were you doing?
A I was still checking on Jordan, calling his
name.
Q Did he ever respond?
A No.
Q Did people come over to the Durango to offer
help?
A Yes.
Q And did those people include a uniformed
officer and a civilian?
A Yes.
Q And did those people give you any
instructions?
A Yes.
Q What did they ask you or tell you to do?
A They told me to get out of the car.
Q Did you do that?
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1732
A Yes.
Q And what door did you use to get out?
A My car -- I mean my door.
Q Where was Jordan Davis when you got out of
the car?
A He was laying down in the back seat.
Q And what did the people do with Jordan Davis
after you got out?
A They pulled him out.
Q And where did they place him?
A On the concrete.
Q And did anybody try to render aid to Jordan
Davis at that point?
A Yes.
Q How?
A They performed C.P.R..
Q Did police and rescue respond to that scene?
A Yes.
Q All right. Were you directed at some point
to go into the Gate Store itself?
A Yes.
Q And did you do that?
A Yes.
Q Did Tommie Stornes and Tevin Thompson also go
into the store?
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1733
A Yes.
Q Were other civilians directed to go into the
store?
A Yes.
Q From the Gate Station were you taken to the
police station?
A Yes.
Q And how did you get to the police station?
A A police officer drove us.
Q Were you with Tommie Stornes and Tevin
Thompson when you were transported from the Gate
Station to the police station?
A Yes.
Q And were you interviewed by homicide
detectives when you got down to the station?
A Yes.
Q When you spoke with the homicide detectives,
who was in the room?
A My mom.
Q And the detectives?
A Yes.
Q Anybody else?
A No.
Q Were you and Tommie Stornes and Tevin
Thompson interviewed separately?
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1734
A Yes.
Q Did you tell the detectives what had happened
that evening?
A Yes.
Q And during your interview with the detectives
did they show you a series of photographs?
A Yes.
Q Were you able to positively identify the
driver of the other car?
A No. I got it down to two suspects.
Q And did you -- how did you do that
physically? I mean did you -- did you slide two off to
the side or tell the detectives it may be one of these
two? What did you do?
A I just -- I just slide, slide them to the
side.
Q And your memory is that it was two
photographs that you narrowed it down to?
A Yes.
Q Okay. Before the detectives showed you those
photographs, did they give you some instructions about
viewing that photospread?
A Yes.
Q And was that either read to you or did you
read it?
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1735
A I read it.
Q Okay. And did you sign your name after you
read it?
A Yes.
Q All right.
MR. GUY: Your Honor, may I approach the
witness?
THE COURT: Yes, sir.
BY MR. GUY:
Q Mr. Brunson, let me hand you 164. It's
marked as 164. Do you recognize that?
A Yes.
Q Is that the form that you read before you
viewed the photographs?
A Yes.
Q And is your signature on it?
A Yes.
Q Okay. And is the date on it as well?
A Yes.
Q What date is it?
A November 24, 2012.
Q All right. So this would have occurred --
this part of the interview would have occurred after
midnight?
A Yes.
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1736
Q Okay.
MR. GUY: And, Your Honor, of course the jury
will be able to see this later.
THE COURT: All right.
BY MR. GUY:
Q Mr. Brunson, let me ask you to look at your
monitor again. Do you see state's 21?
A Yes.
Q Do you recognize that?
A Yes.
Q Okay. Is that how Tommie Stornes' Durango
appeared after you got out of the car and they pulled
Jordan Davis out of the car?
A Yes.
Q Okay. Is the area where Jordan Davis' body
was placed depicted in that photograph?
A Yes.
Q State's 28, you recognize that?
A Yes.
Q Is that the area of the back seat where you
were seated?
A Yes.
Q Okay. And actually you would have been, I
guess, in the area closest to --
A To the door, yes.
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1737
Q On -- on the driver's side?
A Yes.
Q Okay. And state's 32, is that an accurate
depiction of the way the back seat of the Durango
looked from the other side, from Jordan's side?
A Yes.
Q All right. And state's 24, do you recognize
that?
A Yes.
Q Does that appear to be Jordan Davis?
A Yes.
MR. GUY: Your Honor, that's all I have.
Thank you, sir.
THE COURT: Mr. Strolla.
MR. STROLLA: Thank you, Your Honor. May it
please the Court?
THE COURT: Yes, sir.
CROSS EXAMINATION
BY MR. STROLLA:
Q Now, Mr. Brunson, you're best friends with
Jordan Davis, correct?
A Yes.
Q And obviously you were with him that night as
a best friend?
A Yes.
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1738
Q And you admit to this jury that he became
extremely upset because Mr. Dunn asked him to lower the
radio, correct?
A Yes.
Q As a matter of fact, Mr. Dunn wasn't even
saying it to Jordan, he was just saying it to the truck
next to him, correct?
A Yes.
Q He didn't look back and look right at Jordan
Davis, did he?
A No.
Q He didn't point his finger at him?
A No.
Q He didn't yell at him?
A No.
Q He didn't curse at him?
A No.
Q Didn't say anything derogatory, anything at
all to him, did he?
A No.
Q As a matter of fact, Mr. Dunn's window was
right next to Tevin Thompson's window, isn't that true?
A Yes.
Q And then Tevin actually lowered the radio,
did he not?
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1739
A Yes.
Q As a matter of fact though, Tevin only
lowered it because he just said the guy next to us is
talking. Nobody knew what Mr. Dunn said, is that
correct?
A Yes. We knew what he said.
Q How did you know what he said? If the
music's so loud how can you hear him?
A He turned it down. That's when he said can
you turn it down, I can't hear myself think.
Q All right. So he didn't demand it?
A No.
Q He asked a question?
A Yes.
Q Did he raise his voice or was he talking
about as loud as you are right now?
A About as loud as I am right now.
Q All right. So it's fair to say he asked for
a common courtesy just to lower the music, correct?
A Yes.
Q And have you been in a situation where the
music's so loud it could make the windows or the
rearview mirror rattle in a car?
A Yes.
Q Have you ever been in a situation where
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1740
you're in a separate car and it may rattle that
separate car?
A Yes.
Q All right. And was the music that loud that
night?
A Yes.
Q It was actually rattling stuff inside Tommie
Stornes' truck, wasn't it?
A Yes.
Q Okay. And after that Mr. Dunn never said
another word to you guys in terms of the music. Didn't
yell at you, didn't curse at you, nothing, correct?
A No.
Q All he said was thank you, window was up,
right?
A Yes.
Q As a matter of fact, he didn't have tinted
windows, does he?
A No.
Q And Tommie Stornes' truck had tinted windows,
is that correct? Do you know if it had tinted windows?
A I'm not sure, no.
Q All right. As a matter of fact, you've only
been in that truck one other time and that night,
correct?
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1741
A Yes.
Q You only knew Tommie Stornes for less than a
month, isn't that true?
A Yes.
Q As a matter of fact, you met Tommie through
who?
A Tevin.
Q And how long have you been friends with
Tevin?
A For about -- the start of that school year.
Q Just that year?
A Yes.
Q In 2012?
A Yes.
Q School starts in late August in Jacksonville?
A Yes.
Q So we're talking maybe three months at the
most?
A Yes.
Q All right. And you don't own a car?
A No.
Q Mr. Davis, Jordan Davis, doesn't own a car?
A No.
Q And you're relying on Tommie to drive you
around in his truck?
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1742
A Yes.
Q All right. And isn't it true you told
detectives several days after your interview, that was
the first time you told them that Jordan Davis tried to
get out of the vehicle?
A Yes.
Q Why didn't you tell the police that night
that Jordan Davis tried to get out of that truck?
A They didn't ask.
Q But didn't they ask you what happened?
A Yes. They asked me what happened.
Q And are you saying that Jordan never ducked,
isn't that true?
A No.
Q It's not true?
A He did try to duck but he wasn't moving quick
enough. I guess he was shot.
Q Well, let me ask you this: You tried to pull
him down, correct?
A Right.
Q And isn't it true you said that he must have
been in shock and he didn't duck?
A Right.
Q So that part is true?
A Yes.
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1743
Q And then that's when the shots went off?
A Yes.
Q And you're now telling the jury that he tried
to grab the door handle in the middle of this
conversation, correct?
A Yes.
Q And actually isn't it true Mr. Dunn never
raised his voice to Jordan Davis, did he?
A Right.
Q That's true?
A Yes.
Q Okay. Never cursed at him, never -- never
threatened him, right?
A Right.
Q All right. Never tried to get out of his car
to fight Mr. Davis, did he?
A No.
Q All right. And, in fact, isn't it true
Mr. Davis was the one, Jordan, was yelling and cursing
at him?
A Yes.
Q And isn't it true that the music was so loud
that you couldn't hear everything that was being said?
A Right.
Q All right. And again sitting in your chair
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1744
right there let's just --
MR. STROLLA: Judge, permission to move, Your
Honor?
THE COURT: Within reason.
MR. STROLLA: Just here, Judge.
BY MR. STROLLA:
Q Let's just assume you're sitting right now in
the back seat of that Durango. Immediately to your
right right next to you would be Jordan Davis, correct?
A Yes.
Q And even sitting that close the music was so
loud you're saying you couldn't hear what your best
friend was saying?
A Right.
Q And you have no idea what he said to Mr. Dunn
other than what you've testified to the jury?
A Right.
Q But you do admit there was more conversation
and more yelling by Mr. Davis, isn't that true?
A Yes, but they were both going back and forth.
Q All right. But didn't you just say a minute
ago my client never raised his voice or cursed or
yelled at Jordan Davis?
A Right, but that was --
Q Right.
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1745
A That was before the music was turned back up.
Q Okay. So then tell me after the music goes
back up, you're so close to Jordan Davis you can't hear
him, please tell me what you could hear Mr. Dunn say
from another vehicle.
A I couldn't hear what he said.
Q That's my point. So you have no idea what's
being said, right?
A Right.
Q So you can't testify that Jordan Davis didn't
threaten Mr. Dunn, is that true?
A Right.
Q But your testimony is he only tried to get
out of the car in the middle of it, is that true?
A Yes.
Q Now Mr. Davis again is your best friend?
A Yes.
Q You were upset that night?
A Yes.
Q When you found out your best friend died you
were even more upset, that's fair to say?
A Yes.
Q You're still upset as you sit here today?
A Yes.
Q You obviously miss your friend, don't you?
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1746
A Yes.
Q You don't want to see your friend's memory go
in vain, do you?
A No.
Q Now isn't it true you also said that it was
so cold that evening that the heat was on and all the
windows were up?
A Jordan's window was half way down.
Q Isn't it true though when you were driving
around all the windows were up? Is that true? Isn't
that what you said?
A In deposition, yes, that's what I said.
Q All right. And now today you're saying
something different. You're saying that his window was
half way down or a few inches down, right?
A Right.
Q Now isn't it true you told police that night
that Jordan said, and you heard him say this, I'm tired
of people telling me what to do?
A Right.
Q Right? That's true?
A Yes.
Q That's not Mr. Dunn's words, right, that was
your best friend's words?
A Yes.
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1747
Q And that's before he started cursing and
yelling at Mr. Dunn?
A Yes.
Q And would you agree that the more Jordan
yelled and my client didn't react, he got even more
mad?
A You mean Jordan?
Q Jordan. Jordan got more mad?
A Yes.
Q And as time kept going it was escalating,
wasn't it?
A Yes.
Q And you know that because Jordan's your best
friend?
A Yes.
Q You've been around him enough to know how he
would act?
A Yes.
Q Let me ask you this: Has anyone ever told
you to turn your radio down before?
MR. GUY: I object to the relevance.
THE COURT: Sustained.
BY MR. STROLLA:
Q Have you ever been there when someone turned
-- asked Jordan Davis to turn the music down before?
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1748
A No.
Q All right. So you don't know how he would
react in that situation?
A Right.
Q Have you ever seen him act like that before?
A Yes.
Q Now when you went to the homicide office the
detectives actually had your mom show up, is that
correct?
A Yes.
Q They thought it was a good idea for her to be
there for you, is that correct?
A Yes.
Q You didn't call her, did you?
A No.
Q All right. Now let me ask you this, talking
about cell phones, isn't it true you said that your
cell phone died about 7:00 o'clock that night?
A Yes.
Q And let me ask you this: When you're in that
plaza and your best friend now is gasping for air, do
you not ask somebody to call 911?
A Yes.
Q Who do you ask to call 911?
A Tevin.
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1749
Q And that's at the plaza, not at the Gate Gas
Station. We're talking about in the plaza when you
guys drove a football field away. Did you ask someone
to call 911?
A It wasn't a football field away.
Q All right. How far do you think you
traveled?
A I don't know that estimate of the distance
but --
Q Did you guys drive away from the Gate Gas
Station?
A Yes.
Q Did you go to another plaza?
A Not another plaza, in the same plaza.
Q Different parking lots though?
A Yes.
Q All right. And again were you safe there?
A Yes.
Q All right. Mr. Dunn didn't follow you guys,
right?
A No.
Q He wasn't trying to chase you down?
A No.
Q He wasn't trying to come up behind you and
shoot more bullets into the truck, right?
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1750
A No.
Q All right. As a matter of fact, you never
saw him again, did you?
A No.
Q All right. And again now you're at this
plaza or another parking lot. Do you ask anybody to
call 911?
A Yes.
Q Who?
A Tevin.
Q And did Tevin Thompson call 911 from that
plaza, not the Gate parking lot, the plaza where the
restaurants are?
A No. We just rushed back to the Gate Gas
Station and then he called for 911.
Q Now let me ask you this: So even though you
asked him to call 911 he didn't do it, did he?
A No. I guess he didn't hear me because we
were still checking on Jordan.
Q All right. But didn't you say when you
stopped people were screaming, somebody was screaming
when you guys stopped and you realized Jordan wasn't
breathing?
A No.
Q Well, let me ask you this: Was that not
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1751
shocking to you?
A What was not shocking to me?
Q That your best friend is not breathing, he's
gasping for air?
A Yes.
Q Don't you think somebody should have called
911?
A Yes.
Q Did you reach for your cell phone to call
911?
A No, because he was on my lap. I couldn't get
in my pocket.
Q All right. And isn't it true that Tommie
Stornes came and opened your door and started reaching
inside the car?
A No.
Q Do you recall that?
A No.
Q So it never happened?
A No.
Q And isn't it true that Tevin Thompson came
and opened up the back door and started reaching inside
that truck?
A No. He just opened the car and just was
yelling Jordan's name.
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1752
Q So he was yelling?
A Yes.
Q So Tevin was yelling Jordan, right?
A Yes.
Q And nobody did anything?
A No. We just went back to the Gate Gas
Station to get help.
Q All right. And you only knew Tevin since
school started, right?
A Yes.
Q And we're talking three months?
A Yes.
Q And Tevin only knew Jordan Davis for that
same amount of time, correct?
A No.
Q How long did Tevin know Jordan?
A I don't know.
Q And again you're saying Tevin is screaming
for Jordan but doesn't call 911?
A Right.
Q And you're saying he never opened the door
where Jordan Davis was and started reaching into that
truck?
A No.
Q Now are you focused on Tommie and Tevin or
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1753
you focused on Jordan?
A I was focused on Jordan.
Q So things could have happened around that
truck that either you don't remember, is that fair?
A Yes.
Q Things could have happened that you just
didn't see, is that fair?
A Yes.
Q And things were said that you didn't hear, is
that fair?
A Yes.
Q Now when Tommie got back in the car you never
told Tommie that you saw a gun, did you?
A Yes.
Q Isn't it true that when Tommie got back in
the car at the Gate Gas Station before y'all drove away
you never told him you saw a gun?
A No. I didn't say I seen a gun, no.
Q Right. You just told Tommie, hey, let's get
out of here, right?
A Yes.
Q And that was when Jordan was reaching for the
door, right?
A No.
Q And you've only been in that truck one other
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1754
time than that night or is that your first night in
that truck?
A Another time.
Q So that was the second time you've ever been
in that truck, correct?
A Yes.
Q So you don't know what Tommie may have had or
had in there, is that true?
A Yes.
Q Now you also tell police not once but twice
that there was no weapons at all inside that vehicle,
correct?
A Right.
Q Any weapon of any kind, isn't that true?
A Right.
Q And isn't it true your best friend had a
Smith and Wesson knife in his pocket?
A I didn't know he had it in his pocket.
Q And this is your best friend?
A Yes.
Q Did you know him to carry a weapon?
A No.
Q And you do admit that you tried to pull
Jordan down. Those were your words, correct?
A Yes.
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1755
Q And you're telling this jury that he --
MR. STROLLA: If I can rearrange myself again,
Your Honor?
THE COURT: Yes, sir.
BY MR. STROLLA:
Q You're telling this jury that when you tried
to pull him down he's still sitting straight like you
are?
A Yes.
Q His left arm is up on the seat?
A Yes.
Q And he's yelling at Mr. Dunn with his right
hand?
A Yes.
Q Right?
A Right.
Q So even when Mr. Dunn pulls that slide back
and you go to duck down, right, you said that's when
you ducked down?
A No. I started ducking down when he started
firing.
Q All right. So even when he pulls the slide
back you don't duck down?
A No. That's when I informed Tommie let's get
out of here.
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1756
Q And you don't even tell Tommie he's got a
gun, right?
A Everybody was looking towards Jordan so, no,
I didn't say that.
Q Well, I'm asking you you never told Tommie
you saw a gun, correct?
A Right.
Q You just assumed maybe he saw it then?
A No. I didn't assume.
Q All right. You just said let's get out of
here, never mentioned a gun?
A Right.
Q And then Mr. Dunn then just turns back and
fires, is that correct?
A Yes.
Q It happens pretty quick, didn't it?
A Yes.
Q As a matter of fact, it happened so fast that
the first shots go off before Tommie is in reverse,
isn't that true?
A Yes.
Q And then as Tommie is in reverse there's
still shooting, a couple more shots, true?
A Yes.
Q All right. And, in fact, when you drive away
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1757
you're still ducked down, true?
A Yes.
Q Your head is down?
A Yes.
Q And Jordan Davis' head is not down, isn't
that true?
A When we drove off he fell into my lap.
Q Driving off straight, correct?
A Yes.
Q Now let me ask you this: When Mr. Stornes
backed up you're right side by side with the
defendant's vehicle, correct?
A Yes.
Q And Mr. Stornes backed up and curved to leave
the plaza, isn't that true?
A Yes.
Q So now that red SUV is directly behind
Mr. Dunn's vehicle, is it not?
A Yes.
Q And Mr. Dunn would still be facing straight.
You'd see the back of his head?
A Yes.
Q Let me ask you this: Was Mr. Dunn wearing a
baseball hat?
A No.
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1758
Q Was he wearing any kind of black thing on his
head, any -- anything on his head?
A No.
Q Nothing, right? You could see his hair just
like today?
A Yes.
Q Okay. Now when you're behind him and you
reverse out you can still see him, correct?
A Yes.
Q All right. And you're still high up in a
Durango and you can see down into the Jetta, can you
not?
A Yes.
Q And then as you're behind him Mr. Stornes
drives straight out of the Gate plaza, doesn't he?
A Yes.
Q All right. And it was soon right after that
moment or do you even recall if any more shots were
fired into the back of that SUV?
A When he was pulling out?
Q Yes.
A Yes.
Q And it was relatively quickly. As soon as
Tommie went to pull out bang, bang, bang, correct?
A Yes.
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1759
Q And then as you guys drove out of the Gate
parking lot no more shots were fired, were there?
A No.
Q As you guys crossed that alley, that entrance
into the plaza no more shots were fired, were they?
A No.
Q As you guys drove all the way through the
parking lot to where Tommie finally stopped no more
shots were fired, were they?
A No.
Q As a matter of fact, did you even know that
Tevin claims to see Mr. Dunn drive away?
MR. GUY: Judge, I'm going to object to that
as calling for speculation.
THE COURT: Sustained.
BY MR. STROLLA:
Q Did you have any knowledge that Mr. Dunn
drove by your vehicle on the street?
A No.
Q All right. Were you worried about Mr. Dunn
chasing you down?
A No.
Q All right. In fact, you would have told
Tommie don't go back to the Gate Gas Station because
you thought your life would be in danger if that was
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1760
true, correct?
A Right.
Q And you didn't do that?
A No.
Q Now when they get out of the car -- when you
get to the gas station Tevin and Tommie jump out,
correct?
A No.
Q What happens -- when he pulls back into the
Gate Gas Station tell me what happens.
A Tevin gets out and he asked a lady can you
call 911?
Q All right. And you could hear that?
A Yes.
Q Now that's not Tommie. That's Tevin?
A Yes.
Q All right. Because I don't want to get it
confused. Tevin Thompson is the front passenger,
correct?
A Yes.
Q He gets out of the truck?
A Yes.
Q Goes to the lady next to him?
A No. She was coming up to us.
Q Okay. So she was even out of her vehicle
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1761
now?
A Yes.
Q And then he asked her to call 911?
A Yes.
Q All right. And where's Tommie?
A He was in the car. He was checking the car
to see where it was shot at.
Q All right. So he got out of the car?
A Yes.
Q All right. And at that point isn't it true
you lost sight of Tommie Stornes and Tevin Thompson?
You weren't focused on them. You were focused on
Jordan Davis in your lap, correct?
A Yes, but they was -- they didn't leave or go
behind the car. They just sat -- they just stood right
there in front of their doors.
Q All right. So you're saying, and let me get
this straight, when Tevin and Tommie get out of the
truck they stand right in front of the SUV where you
can see them?
A Yes, exactly. They stand.
Q And then they stand there the whole time
until they had you get out of the car?
A Yes.
Q So Tommie never walked off by the bushes or
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1762
on the side of the Gate Gas Station?
A Not until the police told us to go to his cop
car.
Q All right. So they stood there the whole
time and then they walked right over to an officer's
vehicle and stood there with you, is that correct?
A Yes.
Q So what you're saying is Tommie Stornes and
Tevin never moved until you got out of that car and all
three of you walked together?
A Yes.
Q And again even when the shooting goes on
Jordan Davis is still facing straight in that seat like
you're sitting today, isn't that true?
A Can you repeat the question?
Q When the shots first rang out Jordan Davis is
still sitting in his seat next to you just like you are
right now, body straight, feet straight, isn't that
true?
A Yes.
Q He never even leaned over until you're saying
you guys pulled out, correct?
A Yes.
Q You also told police that you saw a gold
pistol, isn't that true?
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1763
A The tip of it looked -- looked gold to me.
Q Now obviously Mr. Davis is your best friend
that died and you were shaken up, correct?
A Yes.
Q You were shaken up for days, is that fair?
A Yes.
Q Isn't it true that after this happened you
met with Tevin Thompson and Tommie Stornes and talked
about what happened several times, didn't you?
A No.
Q You're saying that you didn't go to Mr. Ron
Davis' house and talk about this a day or two later?
A No. I didn't want to bring it up to him.
MR. STROLLA: Judge, if I may just have a
moment?
THE COURT: All right.
BY MR. STROLLA:
Q And you -- you do admit that you talked to
Tevin and Tommie with Mr. Davis, correct?
A We did, yeah, but we didn't discuss what
happened.
Q All right. And then in between that it was
four days later that the police reinterviewed you,
correct?
A Yes.
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1764
Q And that was the first time you ever told
police that, in fact, Jordan Davis did reach for that
door handle, correct?
A Yes.
Q And isn't it true you also tried to tell the
police that the safety, the child locks were on, right?
A Yes.
Q Now child locks for the door or child locks
for the window? What's your definition of the child
locks on?
A The child locks were on the door and the
window.
Q So you're saying you can't get out of that
car because the child locks were engaged, is that fair?
A Right.
Q And you're saying that was that night?
A Yes.
Q All right. And is it your testimony that
that's why Jordan Davis couldn't get out of the
vehicle?
A Right.
Q And you only been in that car one other time
than that night?
A Yes.
Q Same thing with Jordan Davis?
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1765
A Yes.
Q Now your mom was with you for both
discussions. They were with you the night at the
homicide office and your mom was with you four days
later again at the homicide office, true?
A Yes.
Q Now were you in a room where there was a
video camera where they could record you?
A No.
Q Okay. And did they ever ask to record you?
A No.
Q Did they ever ask to take a written
statement?
A No.
Q Did you provide any sworn statement to the
State Attorney's Office or the police?
A What do you mean?
Q Did they -- like today you took an oath to
tell the truth, correct?
A Yes.
Q And in your deposition you took an oath to
tell the truth, correct?
A Yes.
Q Did an officer or a prosecutor ever put you
under oath and take your statement about what happened
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1766
that night?
A I don't recall. I'm not sure.
Q Okay. And do you recognize this lady up here
as Ms. Wolfson?
A Yes.
Q Have you seen her before?
A Yes.
Q She was there that night at the homicide
office, wasn't she, November 23rd, that night?
A No.
Q She wasn't there?
A No.
Q How long were you there? When did you get to
the homicide office and when did you leave?
A I don't know the -- the actual time.
Q But it was some time after midnight though,
correct?
A You mean the night of the shooting?
Q Yes.
A Yes.
Q What time did you leave the homicide office?
A Pretty late, probably midnight, 1:00.
Q That's when you left, correct?
A Yes.
Q And again they never even took a recorded
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1767
statement with like one of those little tape recorders,
correct?
A No.
Q Never asked you to write anything down?
A No.
Q How long did you meet with them?
A I don't know the approximate time.
Q Well, let me ask you this: When they asked
you to tell your story of what happened, was it 5
minutes, 10 minutes, 15 minutes, an hour?
A I don't know.
Q Well, give me an estimation. You've been on
the stand a pretty long time today. Was it longer than
that or less than that?
A I couldn't give you an approximate time. A
lot of things were going through my mind that night.
Q Right. And that was because of what you had
been through?
A Yes.
Q And you were in the same mental state just as
you were at the Gate Gas Station?
A Yes.
Q And you admit seeing this all over the news,
isn't that true?
A Yes.
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1768
Q And you've actually listened to reports and
seen it, is that correct?
A Yes.
Q And that's even prior to you taking a
deposition, true?
A No. This is before I took my deposition.
Q That's what I said. Prior to your deposition
you watched news reports about this, right?
A Yes.
Q And you had friends and family talk about
this, correct?
A Yes.
Q And that includes going to Mr. Ron Davis'
house just a couple of days later, correct?
A No. We didn't talk about it at his house.
MR. STROLLA: Judge, if I may just have a
moment?
THE COURT: Yes, sir.
BY MR. STROLLA:
Q And you indicate that you saw a blonde lady
get out of the vehicle, is that correct?
A Yes.
MR. STROLLA: Nothing further, Your Honor.
THE COURT: Mr. Guy.
MR. GUY: Thank you, Judge.
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1769
REDIRECT EXAMINATION
BY MR. GUY:
Q Mr. Brunson.
A Yes.
Q Do you love Jordan Davis?
A Yes.
Q Are you lying for Jordan Davis?
A No.
Q Are you lying for Jordan Davis' family?
A No.
Q When you went over to -- he referred to a man
as Ron Davis. Do you know who that is?
A Yes.
Q Who is that?
A That's Jordan's father.
Q Did you go over to his house?
A Yes.
Q After Jordan Davis was shot and killed?
A Yes.
Q And was Tommie Stornes there at some point?
A No.
Q Was Tevin Thompson there?
A Yes.
Q Did you and Tevin Thompson and Ron Davis get
together and conspire to make up some story?
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1770
A No.
Q Any -- any tears over at Mr. Davis' house?
A Yes.
Q Lots of them?
A Yes.
Q Any hugs over at Ron Davis' house?
A Yes.
Q Lots of them?
A Yes.
Q You were asked about where your attention was
after the shooting on cross examination, and I think
you said your attention was on Jordan Davis?
A Yes.
Q Was it pretty much on Jordan Davis from the
time the shots started and he fell into your lap until
you got out of the car?
A Yes.
Q Even after you got out of the car?
A Yes.
Q And you were upset?
A Yes.
Q Even in that state if someone would have
picked up something like a shotgun from the car and
taken it out, do you think you would remember that?
A Yes.
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1771
Q Did anybody do that? Did anybody pick up a
shotgun from inside the car and take it out?
A No.
Q Did anybody pick up anything to your
knowledge from that car and take it out other than the
body of Jordan Davis?
A No.
Q You were asked questions about Tommie Stornes
and riding around with him. You hadn't known him that
long. My question to you is this: You had met Tommie
Stornes before that night?
A Yes.
Q Did you have any concerns about him? I mean
was he the kind of guy you were like I ain't getting in
the car with this guy?
A No.
Q He was a friend of Tevin Thompson's?
A Yes.
Q And Tevin Thompson was a friend of Jordan's?
A Yes.
Q The -- you were asked a question about the
gun that you saw. When you saw that gun, did you --
did you sit there and kind of focus on it and, you
know, try to memorize, you know, the size of it and the
shape of it and the color of it?
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1772
A No.
Q To you it looked like it had a gold tip?
A Yes.
Q You were asked about the child locks on the
doors being on that night. How do you know that?
A When we got to the Town Center we couldn't
get out of the car unless Tommie or Tevin come open the
car.
Q You were asked about your mom. You said that
your mom was present on the night of the 23rd and the
morning of the 24th when you were interviewed at the
police station.
A Yes.
Q And you were asked about when you
subsequently went down to the police station your mom
was present again.
A Yes.
Q Did your mom tell you to lie to the police?
A No.
MR. GUY: Judge, if I can have just one
moment?
THE COURT: Yes, sir.
BY MR. GUY:
Q You were asked about telling the police in
your second interview that Jordan Davis had put his
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1773
hand on the car door handle. Did they ask you that the
first night they spoke to you?
A No.
MR. GUY: Nothing further.
THE COURT: May he be excused, Mr. Guy?
MR. GUY: Yes, sir.
THE COURT: Mr. Strolla?
MR. STROLLA: Yes, Your Honor.
THE COURT: Thank you. Appreciate you being
here. You're excused.
(Witness excused.)
THE COURT: State's next witness.
MR. GUY: Judge, if we could we have a matter
to take up outside the presence of the jury. I
don't know if it's going to take long. If we can
just have the court reporter.
THE COURT: Okay.
(Sidebar discussion with reporter present.)
MR. GUY: Judge, over the lunch recess it came
to my attention that Tommie Stornes who is a
witness in this case, of course, had watched a
portion of the trial on the internet. I don't
think it was on T.V..
I think it was on the internet and I spoke to
him about that, and he told me that he had watched