<h1>Trial by jury proceedings</h1> <p>P R O C E E D I N G S<br />THE COURT: All right. Y&rsquo;all ready? All right. Bring the jury in. (Jury enters the courtroom.)<br />THE COURT: Y&rsquo;all can have a seat. All right. If everybody would have a seat. State may call their next witness.<br />MS. WASHINGTON: Your Honor, the State calls Wendy Young.<br />THE COURT: All right. Ms. Young, if you will come up here. I believe you were sworn in yesterday. Okay. Ma&rsquo;am, you need to leave your children outside there. Ms. Dixon will help sit with them. Come right up here, if you would.<br />THE WITNESS: (Complies.)<br />THE COURT: And you were sworn in yesterday; is that correct?<br />THE WITNESS: I was sworn in on the 2nd.<br />THE COURT: And yesterday?<br />THE WITNESS: Not yesterday. I was here yesterday, but I don&rsquo;t &mdash; I was with the other person.<br />THE COURT: Okay. All right. Have a seat. Okay. You may proceed.<br />MS. WASHINGTON: Thank you, Your Honor.<br />&emsp;<br />WENDY YOUNG, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. Could you please introduce yourself to the ladies and gentlemen of the jury?<br />A. My name is Wendy Young.<br />Q. And, Ms. Young, where are you from?<br />A. I&rsquo;m from Dallas, Texas.<br />Q. Okay. Where do you currently reside, city and county?<br />A. Grand Prairie, Dallas County.<br />Q. Okay. And how long have you lived in that area?<br />A. A few months now.<br />Q. A few months now. Okay. What do you do?<br />A. Insurance verification.<br />Q. Have you always worked at the insurance verification place?<br />A. I&rsquo;ve always be in the medical field, yes.<br />Q. Okay. So the insurance verification &mdash;<br />THE COURT: I&rsquo;m sorry. I&rsquo;m going to &mdash; hand on one second. Can you pull that mic closer to you? He has to hear every word you say.<br />&emsp;<br />THE WITNESS: Okay.<br />THE COURT: Okay.<br />Q. (By Ms. Washington) So the insurance verification, is that for, like, medical?<br />A. Plastic surgeon.<br />Q. Plastic surgeon, okay. And how long, again, have you been working there in particular?<br />A. Year-and-a-half.<br />Q. Year-and-a-half. Okay. Do you know an individual by the name of David Minze?<br />A. Yes, I do.<br />Q. And how do you know David Minze?<br />A. He&rsquo;s my fiance.<br />Q. And how long has he been your fiance?<br />A. Over six months.<br />Q. Over six months?<br />A. Uh-huh.<br />Q. And prior to that, did the two of you date?<br />A. Yes.<br />Q. And how long did the two of you date?<br />A. Probably four months.<br />Q. About four months. At any point did the two of you live together?<br />&emsp;<br />A. Yes.<br />Q. Okay. And what time frame was that that the two of you lived together?<br />A. We still live together.<br />Q. You still live together?<br />A. Yes, we do.<br />Q. Okay. Do you see David Minze in the courtroom today?<br />A. Yes.<br />Q. And can you point him out and describe an article of clothing that he&rsquo;s wearing.<br />A. Yes. He&rsquo;s wearing a blue shirt with a red tie.<br />Q. Okay. And is he seated &mdash; where is he positioned?<br />THE COURT: Just point.<br />Q. (By Ms. Washington) Just point to him.<br />A. Okay. (Pointing.)<br />MS. WASHINGTON: Your Honor, let the record reflect that the witness identified the defendant.<br />THE COURT: It may. Can y&rsquo;all hear her?<br />Q. (By Ms. Washington) Now, can you describe to the ladies and gentlemen of the jury, what is your relationship like with Mr. Minze?<br />A. It&rsquo;s great.<br />&emsp;<br />Q. It&rsquo;s great?<br />A. Yes, it is.<br />Q. I&rsquo;m sorry. Say it again.<br />A. He&rsquo;s a good father figure for the children.<br />Q. Okay.<br />A. We&rsquo;ve never had any problems.<br />Q. Okay.<br />A. Prior to that, I had a problem &mdash; a drinking problem at one point.<br />Q. Okay. So you had a drinking problem at one point?<br />A. Uh-huh.<br />Q. Okay. Let&rsquo;s go to May 8th, 2015. Were you with Mr. Minze on that day?<br />A. Yes.<br />Q. And let&rsquo;s talk about how that day started off. Where did you originally meet Mr. Minze that day? Were y&rsquo;all together initially, or how did y&rsquo;all &mdash;<br />A. I picked him up.<br />Q. You picked him up?<br />A. Uh-huh.<br />Q. Okay. Where did you pick him up at?<br />A. His aunt&rsquo;s.<br />Q. I&rsquo;m sorry. Say that again.<br />A. His aunt&rsquo;s.<br />&emsp;<br />Q. His aunt&rsquo;s.<br />Okay. And where does his aunt live?<br />A. In Springtown.<br />Q. I&rsquo;m sorry?<br />A. Springtown.<br />Q. Springtown. And what county is that in; do you know?<br />A. I don&rsquo;t know the counties.<br />Q. So Springtown. And when you picked him up, what happened? Where did y&rsquo;all go?<br />A. I went to Dallas to try to pick up my kids from their father.<br />Q. Uh-huh.<br />A. That didn&rsquo;t happen, so we came back down towards Fort Worth.<br />Q. To Fort Worth. Okay. And about what time did y&rsquo;all make it to Fort Worth; do you know?<br />A. I don&rsquo;t know the time.<br />Q. Okay. When you made it to Fort Worth, you said you picked him up. Were you driving when you picked him up?<br />A. Yeah.<br />Q. And when you came to Fort Worth &mdash;<br />&emsp;<br />THE COURT: Excuse me just one second. I&rsquo;m going to give her some entertainment. All right. You may proceed.<br />MS. WASHINGTON: Okay. Thank you, Your Honor.<br />Q. (By Ms. Washington) When you went to pick him up &mdash; so you were driving and you came to Fort Worth?<br />A. Uh-huh.<br />Q. Okay. And what kind of vehicle do you drive?<br />A. A Mercury Sable.<br />Q. A Mercury Sable. And is that your vehicle?<br />A. Yes.<br />Q. Now, you made it to Fort Worth. What did you do?<br />A. We were driving.<br />Q. You were driving. About what time was that? I&rsquo;m not sure. If you can tell me.<br />A. I don&rsquo;t know exact time.<br />Q. Was it daylight? Was it night?<br />A. It was night.<br />Q. It was night. How long did the two of you stay in Fort Worth?<br />A. I don&rsquo;t know.<br />Q. You don&rsquo;t know.<br />Were you driving all the time, or did he drive<br />when you were just in Fort Worth at any time?<br />A. We switched off because I was drinking. And<br />then I would switch back with him again.<br />Q. Okay. So you were drinking, and y&rsquo;all switched<br />seats &mdash; y&rsquo;all switched seats?<br />A. Uh-huh.<br />Q. And then he started driving?<br />A. Uh-huh. And then I &mdash; and then I switched again with him, and I started driving.<br />Q. Okay. So you were driving; you switched with him; he&rsquo;s driving; then you switched back, and you started driving again?<br />A. Correct.<br />Q. Okay. Now, was there ever a time when maybe a disagreement happened between the two of you?<br />A. Well, I had been drinking, so it is possible.<br />Q. That&rsquo;s not my question. Was there ever a time when the two of you had a disagreement during &mdash; during that day?<br />A. Not during the day, no.<br />Q. Not during the day.<br />Okay. So when the two of you were driving the car, everything was perfect?<br />&emsp;<br />A. Uh-huh.<br />Q. The two of you never got in an argument?<br />A. A little argument, but it wasn&rsquo;t just like back and forth.<br />Q. Okay. So let&rsquo;s talk about that back and forth. About what time did the argument start?<br />A. I have no idea.<br />Q. Okay. What was the argument about?<br />A. I was drunk.<br />Q. You was drunk?<br />A. Uh-huh.<br />Q. Okay. Okay. And so what happened during this argument? Where were you when this argument happened?<br />A. I was driving somewhere near University.<br />Q. Okay. So you were driving somewhere near University. University and what?<br />A. I don&rsquo;t know.<br />Q. Is that University here in Fort Worth?<br />A. Uh-huh.<br />Q. You have to say yes or no.<br />A. Yes.<br />Q. Okay. It was just the two of you in the vehicle?<br />A. Yes.<br />Q. Okay. Now, you don&rsquo;t recall what the argument<br />&emsp;<br />was about?<br />A. No.<br />Q. Okay.<br />A. I was drinking.<br />Q. You were drinking?<br />A. Yeah.<br />Q. Okay. And so what happened while the two of you were arguing?<br />A. Just driving down the road, and he was trying to tell me to pull over because I was drunk, and I don&rsquo;t know where I was exactly. I don&rsquo;t know the curvage of the road, anything like that. So we ended up getting off the road, and then I ended up hitting the steering wheel.<br />Q. Okay. Now, when you say you ended up getting off the road, where did you get off the road at?<br />A. I don&rsquo;t know where I got off the road.<br />Q. Okay. You just know that you were on University?<br />A. Uh-huh.<br />Q. Okay. Now, you said that you got in a car wreck. What happened in the car wreck?<br />A. Well, he tried to put me back on the road after I veered off, and then I spun my car out and hit into a ditch.<br />Q. Okay. So while the two of you were driving, he<br />&emsp;<br />grabbed the steering wheel? Is that &mdash;<br />A. Well, yeah, because I was trying to go off the road.<br />Q. What do you mean you were trying to go off the road?<br />A. My car hit something, and I couldn&rsquo;t regain control of my car.<br />Q. Okay. So you weren&rsquo;t trying to go off the road?<br />A. Not intentionally trying to drive off the road.<br />Q. Okay. So you just hit something, and the car kind of &mdash; you kind of lost control?<br />A. Yes, I lost control of my car.<br />Q. Okay. So the two of you get in a car wreck?<br />A. Uh-huh.<br />Q. Okay. What &mdash; what did you hit?<br />A. I hit gravel, trees, and then into a ditch.<br />Q. Gravel, trees, and into a ditch?<br />A. Uh-huh.<br />Q. Now, how deep was the ditch?<br />A. I don&rsquo;t know.<br />Q. Okay. What kind of damage could you see to the vehicle?<br />A. Well, I had a broken taillight, a few dents in the car.<br />Q. Okay. When you say &mdash;<br />&emsp;<br />A. Broken motor mount &mdash;<br />Q. Hold up. You say a few dents?<br />A. Uh-huh.<br />Q. Where are the dents?<br />A. In the front of the vehicle and side of it.<br />Q. Okay. Which side? Your side or his side or both sides?<br />A. It&rsquo;s on the driver&rsquo;s side.<br />Q. Driver&rsquo;s side. So your side?<br />A. Uh-huh.<br />Q. What other kind of damage was there?<br />A. There was no other damage.<br />Q. Huh?<br />A. No other damage besides a broken motor mount, but I&rsquo;m not sure what caused that.<br />Q. Okay. So no glass?<br />A. No.<br />Q. Did the airbags deploy?<br />A. No. The mirror fell off of my car on the inside.<br />Q. I&rsquo;m sorry. Say one more time.<br />A. The mirror had fallen down.<br />Q. The mirror had fallen down, but no glass and the airbags didn&rsquo;t deploy?<br />A. No.<br />&emsp;<br />Q. Did the vehicle have airbags?<br />A. Yes, it does.<br />Q. Did it have it on your side and his side?<br />A. Yes.<br />Q. Okay. So what happened after the accident?<br />A. I called my mom to come get me, and he went home.<br />Q. Okay. So you call your mom to come get you?<br />A. Uh-huh.<br />Q. And what time did your mom come get you?<br />A. Early in the morning.<br />Q. About what time?<br />A. I don&rsquo;t know the exact time.<br />Q. After 1:00 a.m?<br />A. After 1:00 a.m.<br />Q. After 2:00 a.m?<br />A. I don&rsquo;t know. I couldn&rsquo;t keep count of time at that point.<br />Q. For sure it would have been after 1:00 a.m?<br />A. Yeah.<br />Q. All right. And so where did your mom pick you up?<br />A. At the Walmart.<br />THE COURT: I&rsquo;m sorry. Where?<br />A. Walmart.<br />&emsp;<br />Q. (By Ms. Washington) Okay. At the Walmart where?<br />A. Off the highway. I&rsquo;m not even sure what highway I was on.<br />Q. Okay. Now, you said the accident occurred at University in Fort Worth, correct?<br />A. Uh-huh.<br />Q. Okay.<br />THE COURT: Say yes or no.<br />A. Yes.<br />Q. (By Ms. Washington) Yes?<br />A. Yes.<br />Q. Okay. So what Walmart are you referring to when your mom picked you up?<br />A. I believe I was in Hillsboro, but I don&rsquo;t know. I don&rsquo;t even know where I was going.<br />Q. Okay. So let&rsquo;s talk about &mdash; the accident happened in Hillsboro, and you ran into the ditch, correct?<br />A. No. It happened in Fort Worth.<br />Q. Okay.<br />A. But I somehow &mdash;<br />Q. Okay. The accident happened in Fort Worth?<br />A. Uh-huh.<br />Q. You ran into the ditch. But your mom came and picked you up in Hillsboro?<br />&emsp;<br />A. Uh-huh.<br />Q. Okay. So how did you get from &mdash;<br />A. Because I took off walking.<br />Q. You walked from University &mdash;<br />A. I just took off walking.<br />Q. Listen. You walked from University in Fort Worth to Hillsboro? Is that what you&rsquo;re saying to the ladies and gentlemen of the jury?<br />A. I believe I was in Hillsboro. I don&rsquo;t know exactly where I was.<br />Q. Okay. Do you know how far Fort Worth is from &mdash;<br />A. I do not know how far it is, no.<br />Q. Okay. Are you familiar with that area at all?<br />A. No.<br />Q. All right. So you&rsquo;re saying that once the vehicle wrecked in Fort Worth, you no longer drove it?<br />A. Right.<br />Q. You ran into the ditch. You no longer drove it, correct?<br />A. Correct.<br />Q. Okay. So where was the defendant when the car wreck occurred?<br />A. In the car.<br />Q. He was in the car. Okay. Where was he when your mom came to pick<br />&emsp;<br />you up?<br />A. He had already gone home &mdash;<br />Q. He had already gone home?<br />A. &mdash; like I had asked him to.<br />Q. Okay. How did he get home; do you know?<br />A. Yes. In my car. I told him to get in my car and go home.<br />Q. So he went home in your car and you walked &mdash;<br />A. Uh-huh.<br />Q. &mdash; to Hillsboro?<br />A. Uh-huh.<br />Q. So what happened when you got to Hillsboro?<br />A. I rode back with my mom.<br />Q. Okay. Rode back with your mom. And where did you go when you rode back with your mom?<br />A. We went to my sister&rsquo;s house.<br />Q. Okay. Where else? Where does your sister live?<br />A. Garland.<br />Q. Okay. And then where?<br />A. And then my mom drove me. We went and got something to eat, went to Walmart again for diapers, and then my mom eventually took me to Baylor Waxahachie because she had business to take care of there anyway,<br />&emsp;<br />just to get me checked out because I was belligerent. I was drunk.<br />Q. So let&rsquo;s make sure we&rsquo;re right.<br />A. And she didn&rsquo;t know what &mdash; you know, how I wound up the way I wound up or what happened.<br />Q. Okay. So your mom picks you up from Hillsboro?<br />A. Uh-huh.<br />Q. First place you go is to Garland?<br />A. Yeah.<br />Q. All right. To you sister&rsquo;s house?<br />A. Correct.<br />Q. And where does your mom live?<br />A. She lived with her.<br />Q. Okay. So your mom lived in Garland as well. So your mom goes from Garland back to Waxahachie?<br />A. She has a business in Waxahachie.<br />Q. Okay.<br />A. And we have family there that we were also seeing.<br />Q. Okay. So after you go to Waxahachie then where do you go?<br />A. We went to Oma Burgers, went by my Uncle Gary&rsquo;s, we went to my mom&rsquo;s office, and then she took me to Baylor, and then she went back to her office.<br />&emsp;<br />Q. Okay. So you never went to the police department in Fort Worth?<br />A. No.<br />Q. Did you ever go to the police department in Lake Worth?<br />A. She did &mdash; we did eventually, yes.<br />Q. Okay. And so when you went to the police department in Lake Worth, what did you go for?<br />A. That was probably two days later, almost, roughly.<br />Q. Okay. So you didn&rsquo;t go to Lake Worth that day?<br />A. No.<br />Q. Do you recall going to the Waxahachie Medical Center after you left Hillsboro?<br />A. Not the same day.<br />Q. Not the same day?<br />A. No.<br />Q. So you never went to the hospital on May 8th, the day of the accident?<br />A. No.<br />Q. When you say the accident occurred?<br />A. No.<br />Q. Okay. So if there are medical records which show you were actually at the hospital, those medical records would be wrong?<br />&emsp;<br />A. If there&rsquo;s medical records, that&rsquo;s the day I was in the hospital.<br />Q. Okay. So you did go to the doctor on May the 8th?<br />A. No, it wasn&rsquo;t the 8th. It was the 9th, I believe.<br />Q. Let&rsquo;s talk about what injuries did you sustain when you got in the car wreck?<br />A. I had a mild hairline fracture on my nose.<br />Q. Okay. And what else?<br />A. That&rsquo;s it.<br />Q. You recall having a black eye?<br />A. Yeah. That&rsquo;s from the &mdash; my nose breaking.<br />Q. Okay. So when your nose broke, what other injuries did you have?<br />A. That&rsquo;s it.<br />Q. That&rsquo;s it. So from the car wreck, the only thing you had was just &mdash;<br />A. Maybe some bruising. I don&rsquo;t &mdash; sorry. I don&rsquo;t remember.<br />MS. WASHINGTON: Your Honor, permission to approach?<br />THE COURT: Sure.<br />A. I know my seatbelt was on me, and it caught me.<br />&emsp;<br />Q. (By Ms. Washington) Let me show you State&rsquo;s Exhibits &mdash; they&rsquo;re already in evidence &mdash; 1, 2, 3, 4, 5.<br />A. That was from the seatbelt.<br />Q. Okay. This is you, correct?<br />A. Uh-huh.<br />Q. This is a &mdash; State&rsquo;s Exhibit No. 2, this is a closeup of you, correct?<br />A. Uh-huh.<br />Q. Now, let&rsquo;s talk about what do you see in these photographs? Describe what you see.<br />A. I see my nose covered with a bandaid, and my ey is black.<br />Q. Okay. Both eyes are black, right?<br />A. Uh-huh.<br />Q. And that&rsquo;s State&rsquo;s Exhibit No. 2. And then State&rsquo;s Exhibit No. 3, what do you see<br />A. Just black eyes and my nose.<br />Q. Okay. And then State&rsquo;s Exhibit No. 4, what do you see?<br />A. The same thing.<br />Q. Then State&rsquo;s Exhibit No. 5, what do you see?<br />A. The bruising.<br />Q. Okay. Now, explain to the ladies and gentlemen of the jury as best as you could recall what impact &mdash; where did you hit or what hit you that caused you to have<br />&emsp;<br />two black eyes and a fractured nose in that vehicle.<br />A. My nose right here &mdash;<br />Q. Okay.<br />A. &mdash; hit my steering column, and it caused it to fracture it and burst.<br />Q. Okay. And so how did you get the two black eyes and the gash upside your head?<br />A. That&rsquo;s &mdash; I don&rsquo;t know. That&rsquo;s probably from= the mirror, and my eye&rsquo;s black from having my nose fractured almost two weeks later.<br />Q. Okay.<br />A. It will do that.<br />Q. But these pictures were taken the day of the incident?<br />A. No.<br />Q. So you&rsquo;re saying that these photographs were not taken in the Lake Worth Police Department?<br />A. They were taken at the City Hall.<br />Q. In Lake Worth, correct?<br />A. Yes.<br />Q. Okay. And so these were taken on the day of the incident?<br />A. Not the day of the incident.<br />Q. Okay. And so if an officer says that these were taken at their station, then he would be &mdash;<br />&emsp;<br />A. At the time of the report, yes.<br />Q. Okay. And so what about this? This is a black eye. And so you don&rsquo;t know how this one occurred either then?<br />A. No. Because I didn&rsquo;t &mdash; my eyes didn&rsquo;t hit, just my nose.<br />Q. Okay. And so what, then, would have caused this bruising?<br />A. I don&rsquo;t know. My seatbelt was tied on me. I couldn&rsquo;t get the seatbelt off. The steering wheel. I don&rsquo;t know. Just &mdash; I don&rsquo;t know.<br />Q. Okay. Now, do you recall going to the Baylor Waxahachie Medical Center and seeing a Dr. Sumrall?<br />A. Yes, I do.<br />Q. Okay. Now, you saw Dr. Sumrall &mdash; it would have been the morning that the incident occurred, correct?<br />A. No.<br />Q. Okay. So you&rsquo;re saying you never went to see Dr. Sumrall on May 8th?<br />A. I went to see Baylor doctor the day after the incident.<br />Q. Okay. And so when you went to see Dr. Sumrall on May 8th, do you recall saying to him that the reason why you got the injuries was because you were struck by your boyfriend?<br />&emsp;<br />A. No.<br />MR. DEFENSE COUNSEL: Objection, leading, Your Honor.<br />THE COURT: Overruled. I&rsquo;m sorry. What was your answer?<br />THE WITNESS: The answer is no.<br />Q. (By Ms. Washington) No. So you didn&rsquo;t tell the doctor that?<br />A. No, I did not.<br />Q. Okay. Had you ever met that doctor once before?<br />A. No.<br />Q. You had never met him before?<br />A. Huh-uh.<br />Q. So he wouldn&rsquo;t &mdash; and you&rsquo;re &mdash; and let me ask you this: If you have never met him, can you think of any reason why he would say that in his medical report? If he &mdash;<br />MR. DEFENSE COUNSEL: Objection, leading, Your Honor.<br />THE COURT: Hang on. Hang on.<br />A. The doctor &mdash;<br />MR. DEFENSE COUNSEL: Hang on. Hang on. I&rsquo;ll sustain. Rephrase your question.<br />Q. (By Ms. Washington) Okay. You had never met him before, right?<br />&emsp;<br />A. Never.<br />Q. And so you said that you never told him your boyfriend did it, right?<br />A. No, I did not.<br />Q. And can you think of any reason why he would make something like that up?<br />A. No.<br />Q. Okay. Now, that happened May &mdash; May 8th. Now, when you went to go and see Dr. Sumrall, did he give you a prescription of some medicine?<br />A. Yes, he did.<br />Q. Okay. And what prescription of medicine did he give you?<br />A. Got antibiotics and a painkiller.<br />Q. Okay. And how long were those painkillers for?<br />A. It was just for three days.<br />Q. For three days?<br />A. Uh-huh.<br />Q. Okay. And so do you recall what those painkillers &mdash; what they were called?<br />A. Norco.<br />Q. Norco. Okay. And so you only took them for three days? A. Yeah.<br />Q. So the last day you would have taken them would<br />&emsp;<br />have been, roughly, give or take, around May, say, 11th or 12th?<br />A. I actually didn&rsquo;t take them at all.<br />Q. So you didn&rsquo;t take them at all?<br />A. Huh-uh.<br />Q. You never took the painkillers?<br />A. Huh-uh.<br />Q. Did you ever take any type of Tylenol?<br />A. I did take Tylenol.<br />Q. Okay. And the kind of Tylenol that you took, what kind of Tylenol was it?<br />A. Codeine Tylenol.<br />Q. Codeine. Okay. And when did you take that?<br />A. The day at the hospital.<br />Q. At the hospital.<br />Okay. And how many did you take?<br />A. I don&rsquo;t know.<br />Q. Okay. Did you take any after you left the hospital?<br />A. Yes.<br />Q. Okay. When?<br />A. Probably four hours after.<br />Q. Okay. So four hours later, you took the Tylenol with codeine in it.<br />&emsp;<br />Okay. When else did you take the Tylenol with codeine?<br />A. I don&rsquo;t know.<br />Q. Okay. So is it safe to say, then, after you left the hospital, or after that day, you didn&rsquo;t take any more pain medicine?<br />A. Not besides Ibuprofen.<br />Q. I&rsquo;m sorry. Say that again.<br />A. Not besides Ibuprofen.<br />Q. Not besides Ibuprofen?<br />A. Yeah.<br />Q. Okay. So you never took any other type of medication?<br />A. They gave me medicine at the hospital.<br />Q. At the hospital.<br />A. I don&rsquo;t know.<br />Q. Okay. But you never took anything after that, right, after you left the hospital?<br />A. Probably that day.<br />Q. That day?<br />A. Uh-huh.<br />Q. The next day did you take pain medicine?<br />A. I don&rsquo;t recall.<br />Q. Do you recall if you took Tylenol?<br />A. I did.<br />&emsp;<br />Q. Okay. What about the day after that?<br />A. I don&rsquo;t recall.<br />Q. You don&rsquo;t recall?<br />A. No.<br />Q. When was the last time you recall taking the Tylenol?<br />A. I don&rsquo;t know. It&rsquo;s been a long time ago.<br />Q. Okay. Do you recall on &mdash; let&rsquo;s talk about the &mdash; do you recall speaking with a Detective Chris Brashear?<br />A. I remember being put on the phone with him.<br />Q. Okay. And when you were put on the phone with Detective Brashear, who were you with?<br />A. My mother.<br />Q. You were with your mother?<br />A. She handed me the phone.<br />Q. She handed you the phone?<br />A. Uh-huh.<br />Q. And when you spoke to Detective Brashear, do you recall when that was?<br />A. I don&rsquo;t even know why I was talking to him.<br />Q. Okay. That&rsquo;s not my question to you. Do you recall when it was that you spoke with Detective Brashear?<br />A. I do not.<br />&emsp;<br />Q. Okay. Now, when you spoke with Detective Brashear, it was on the telephone, and your mom was present, correct?<br />A. Correct.<br />Q. Now, when you spoke with him, do you recall having a conversation with him several days later when he asked you where did the incident occur and how did you get the injuries? Do you recall that?<br />A. Yes. I was asked a series of questions.<br />Q. You were asked a series of questions. And one of the questions that you &mdash; that he specifically asked you was: How did you get the injuries? Do you recall that?<br />A. Yes, I do.<br />Q. Okay. And when you spoke with Detective Brashear and you (sic) asked him, how did you get the injuries, what did you say to him?<br />A. I told him I was driving &mdash; I don&rsquo;t recall what I told him.<br />Q. Okay. So you &mdash;<br />A. I can&rsquo;t tell you verbatim what I told him.<br />Q. Okay.<br />A. I don&rsquo;t know.<br />Q. You can&rsquo;t tell me? You don&rsquo;t remember?<br />A. I had not had any sleep at this point. I had<br />&emsp;<br />been under pressure with my mom.<br />MS. WASHINGTON: Objection, Your Honor, nonresponsive.<br />THE COURT: Sustained. Wait until there&rsquo;s a question.<br />THE WITNESS: Okay.<br />Q. (By Ms. Washington) When you spoke with Detective Brashear, it was around May 20th, correct?<br />A. I do not know.<br />Q. Okay. So do you recall giving &mdash; do you recall giving a statement?<br />A. No, I do not.<br />Q. Now, when Detective Brashear called you on the telephone &mdash;<br />A. He did not call me.<br />Q. Your mom called him?<br />A. I don&rsquo;t know who called each other. I don&rsquo;t even know why I was put on the phone.<br />Q. But you spoke with Detective Brashear?<br />A. But I did speak with him. I did take the phone from my mother.<br />Q. Okay. And when you spoke with Detective Brashear, did he ask you how you got the injuries?<br />A. Yes.<br />Q. And what did you tell him when he asked you how<br />&emsp;<br />you got the injuries?<br />A. I don&rsquo;t recall what I told him.<br />Q. Okay. If you were to listen to a statement that you gave him, would that refresh your recollection?<br />A. I didn&rsquo;t give him a statement.<br />MS. WASHINGTON: Your Honor, may we approach?<br />THE COURT: Sure. This is all recorded?<br />MS. WASHINGTON: Uh-huh.<br />THE WITNESS: And I didn&rsquo;t willingly give a statement.<br />MS. WASHINGTON: Objection, Your Honor, nonresponsive.<br />THE COURT: Don&rsquo;t be &mdash; don&rsquo;t saying anything right now.<br />(Discussion off the record, at the bench.)<br />THE COURT: All right. Ladies and gentlemen, y&rsquo;all are going to have to go back to the jury room for just a sec. (Jury leaves the courtroom.)<br />THE COURT: All right.<br />MS. WASHINGTON: Judge, Detective Brashear had contacted or spoke with Ms. Young through her mother on cell phone, and the telephone conversation is actually<br />&emsp;<br />recorded. And on yesterday, Ms. Young had an opportunity to listen to a portion of the audio recording, and now she&rsquo;s saying that she doesn&rsquo;t recall. I would ask that the State be allowed to let her listen to her statement, and then if she still says that she didn&rsquo;t make a statement, I would offer to introduce the statement into evidence for impeachment purposes.<br />THE WITNESS: When I say I did not give a statement, it&rsquo;s because I did not know I was giving a statement.<br />MS. WASHINGTON: Judge, objection, nonresponsive. There was no question to the witness.<br />THE COURT: Hang on a minute. How long is the statement?<br />MS. WASHINGTON: I would imagine about ten minutes. But that being said, there was a CD that I would like to introduce into evidence that&rsquo;s been redacted. There are portions where they speak about the defendant being on parole. I just went ahead and took anything remotely close related to that out and would let defense counsel listen to it before introducing it.<br />THE COURT: All right. Y&rsquo;all listen to all<br />&emsp;<br />of that. It&rsquo;s going to be played on her computer, ma&rsquo;am, so you probably need to go sit on that last row &ndash; last seat in the jury box so you can hear it better.<br />THE WITNESS: Okay.<br />THE COURT: And, Abe, can you &mdash; do you have the ability to listen to the redacted one on &mdash;<br />MS. WASHINGTON: I&rsquo;m going to play the redacted one.<br />THE COURT: All right. (CD published.)<br />MS. WASHINGTON: Judge, before we get started, so the Court can have &mdash; this is a case, Ruth versus State. And one for the defense and one for the Court. It talks about the statement coming in if the witness still maintains that it wasn&rsquo;t made. (Pause in proceedings.)<br />THE COURT: Okay. Have y&rsquo;all been told whether her mother has appeared?<br />MS. WASHINGTON: From what I understand, our investigator spoke with her mother, and she should be here by 10:30, so&hellip;<br />THE COURT: Okay.<br />THE WITNESS: Yesterday we were planning a funeral. That&rsquo;s why my mom couldn&rsquo;t come.<br />THE COURT: Okay. Are your children<br />&emsp;<br />comfortable with your mother?<br />THE WITNESS: Yeah.<br />THE COURT: Okay. Well, then let us know when the mother gets here so we can put the children with her.<br />THE WITNESS: Thank you.<br />THE COURT: All right. Both sides ready to proceed?<br />MS. WASHINGTON: State&rsquo;s ready, Your Honor.<br />MR. DEFENSE COUNSEL: Well, depending on what&rsquo;s going to happen. She&rsquo;s been given a chance to refresh her memory. Depending on what she says, you know &mdash; like I said, the &mdash; this case that the prosecution has cited deals with a 911 call being the extrinsic recording. Well, this is clearly not a 911 call, and, therefore, it doesn&rsquo;t fall in that category. If she doesn&rsquo;t acknowledge the conversation, it may be possible for them to bring whoever brought it extrinsically, but then it&rsquo;s admissible for a limited purpose.<br />MS. WASHINGTON: And I would ask the Court for an instruction for the limited purpose of impeachment.<br />MR. DEFENSE COUNSEL: Well, I guess what I&rsquo;m saying, though, is, even with &mdash; even with impeachment evidence, it still has to come from the correct source. And if she<br />&emsp;<br />doesn&rsquo;t acknowledge it, it has to come from Officer Brashear.<br />THE COURT: Okay. All right. So at this point what we&rsquo;re going to do is we&rsquo;re going to bring the jury back out, and you&rsquo;re going to ask her &mdash; now that her memory is refreshed, you&rsquo;re going to ask her the questions. MS. WASHINGTON: Yeah, that&rsquo;s my intention.<br />THE COURT: And then we&rsquo;ll go from there. But the recording would have to come in through Detective &mdash; whatever &mdash; Brashear.<br />MS. WASHINGTON: Brashear. And he&rsquo;s here.<br />THE COURT: Okay. All right. So both sides ready for the jury?<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: All right. Bring them in.<br />BAILIFF: Yes, ma&rsquo;am. (Jury enters the courtroom.)<br />THE COURT: All right. Y&rsquo;all may have a seat.<br />All right. You may proceed.<br />MS. WASHINGTON: Thank you, Your Honor.<br />Q. (By Ms. Washington) Ms. Young, you&rsquo;ve had an opportunity to listen to the recording?<br />A. Uh-huh.<br />&emsp;<br />Q. And has that refreshed your recollection?<br />A. Yes.<br />Q. Okay. Now, let&rsquo;s talk about the night and what you told the police and the doctor, okay? When you left &mdash; you recall speaking with Detective Brashear?<br />A. Yes.<br />Q. And when you spoke with Detective Brashear, didn&rsquo;t you say to him that you received this injury on your nose because the defendant elbowed you?<br />A. I told him I sustained injuries because &mdash; yes, that&rsquo;s what I told him.<br />Q. I&rsquo;m sorry?<br />A. That is what I told him, but that wasn&rsquo;t what happened.<br />Q. I want you to say what you told Detective &mdash;<br />MR. DEFENSE COUNSEL: She&rsquo;s allowed to answer, Your Honor. I object. Counsel is cutting off her answer.<br />MS. WASHINGTON: Actually, I&rsquo;m not. I&rsquo;m asking her to &mdash;<br />THE COURT: Ask her the question &mdash; ask her the question again.<br />Q. (By Ms. Washington) Okay. Can you say in your own words what you stated to Detective Brashear?<br />A. I told him, while driving my car, I ended up<br />&emsp;<br />wrecking my car. That was &mdash; he asked me how I sustained injuries from the vehicle and being elbowed is what I said to him.<br />Q. So did you say from the vehicle or from the elbow to your face?<br />A. Both.<br />Q. Both. Okay. Now, when &mdash; now &mdash; so you&rsquo;re saying that you told him you got the injuries from the vehicle?<br />A. Yes.<br />Q. Okay. So if we play the video and it &ndash; the audio, and it doesn&rsquo;t say that &mdash;<br />A. It does. In the beginning, it does say that.<br />Q. Okay. Now, when you were listening to the audio recording to Detective Brashear, where did you tell him the first incident occurred, the first time you were elbowed? Where did you tell him that it occurred?<br />A. I told him I believe it happened off University, is the last place I remember being and the only place that I know where I was.<br />Q. University and what?<br />A. 199.<br />Q. University and 199. And is that in Fort Worth, Texas?<br />A. Yes, it is.<br />&emsp;<br />Q. And in Tarrant County, Texas?<br />A. Yes.<br />Q. Now, when you spoke with Detective Brashear, didn&rsquo;t you say that the defendant hit you multiple times?<br />A. I said it happened more than once, but it wasn&rsquo;t a correct statement because I hadn&rsquo;t been &mdash; I also take anxiety medication, which &mdash;<br />MS. WASHINGTON: Objection, nonresponsive.<br />A. I don&rsquo;t recall. That&rsquo;s why.<br />THE COURT: Hang on. Hang on. When either side says &ldquo;objection,&rdquo; you need to quit talking so I can hear what their objection is.<br />THE WITNESS: Okay.<br />MS. WASHINGTON: Objection, nonresponsive.<br />THE COURT: All right. Ask the question again.<br />Q. (By Ms. Washington) When you spoke with Detective Brashear, where did you tell him &mdash; how many times did you tell him the defendant struck you?<br />A. I did not.<br />Q. So you didn&rsquo;t tell him that?<br />A. No.<br />Q. Now, I&rsquo;m a little confused on something. You said, according to your testimony now, that the injuries were a result of the accident, correct?<br />&emsp;<br />A. Correct.<br />Q. And that the defendant left in your vehicle and went home.<br />A. Correct.<br />Q. Okay. And your mom came and picked you up from Garland.<br />A. Not from Garland.<br />Q. Okay. Well, your mom came and picked you up.<br />A. Yeah.<br />Q. You called your mom at 1:00 o&rsquo;clock, and wherever she came from, she came and picked you up.<br />A. Uh-huh.<br />Q. The defendant left in your vehicle, correct?<br />A. Correct.<br />Q. With those injuries, why wouldn&rsquo;t he take you to the doctor?<br />A. I told him to go home, and I took off. I had a depressed day. That was a very bad day for me. I was drinking, I was on Xanax, and, you know, I was out of control.<br />Q. Okay. So &mdash;<br />A. So I told him to go home and keep &mdash; you know, just go home where you belong.<br />Q. Okay. So you&rsquo;re telling the ladies and gentlemen of the jury that you wanted the defendant to<br />&emsp;<br />leave you on the side of the road, correct?<br />A. Yes, I did. Voluntarily, yes.<br />Q. You wanted him to leave you on the side of the road, correct?<br />A. Correct.<br />Q. At 1:00 o&rsquo;clock in the morning, correct?<br />A. Correct.<br />Q. With a fractured nose, correct?<br />A. I didn&rsquo;t know at the time. Yes, that&rsquo;s correct.<br />Q. Okay. And two black eyes?<br />A. It wasn&rsquo;t black. On that day, they were not.<br />Q. So even though those pictures were taken on the day of the incident, you&rsquo;re saying &mdash;<br />A. They wasn&rsquo;t taken on the day &mdash;<br />MR. DEFENSE COUNSEL: Objection, leading.<br />THE COURT: Don&rsquo;t lead your witness.<br />Q. (By Ms. Washington) Okay. And so even though the two of you were dating, he just left you out there.<br />A. I asked him to go home, yes.<br />Q. Because you asked him to, so he just left you out there.<br />A. Yeah. I asked him to go home. I was belligerent. Stupid things happen when you do stupid things to yourself like that.<br />Q. Okay. And so you went all the way from<br />&emsp;<br />Fort Worth to Hillsboro?<br />A. Apparently.<br />Q. Now &mdash; by foot?<br />A. Uh-huh.<br />Q. Okay. Do you ever recall making contact with a truck driver at Hillsboro?<br />A. No. There&rsquo;s trucks everywhere, but I was walking, just started walking.<br />Q. Okay. Now, when you left Hillsboro that night from the Walmart, do you recall going to see Dr. Sumrall that night and telling him how you got your injuries?<br />A. No, it was not that night.<br />Q. It was still not that night?<br />A. No.<br />Q. When the defendant elbowed you, were you driving, or were you in the passenger&rsquo;s seat?<br />A. No. I was driving and everything &mdash; I lost control of the vehicle, and everything ran together all at once for me.<br />Q. When the defendant elbowed you &mdash;<br />MR. DEFENSE COUNSEL: Objection. Counsel is leading.<br />MS. WASHINGTON: Judge, I&rsquo;m not leading. I&rsquo;m asking a question.<br />MR. DEFENSE COUNSEL: Objection. Counsel is</p> <p>leading.<br />THE COURT: Hang on. Don&rsquo;t yell, moan and groan. Just make an objection and just let me rule. Rephrase your question.<br />Q. (By Ms. Washington) Where were you sitting when you were elbowed in the face?<br />A. I wasn&rsquo;t &mdash;<br />MR. DEFENSE COUNSEL: Objection, leading.<br />THE COURT: Overruled. Sit down. You sit down.<br />MR. DEFENSE COUNSEL: Okay.<br />Q. (By Ms. Washington) Where were you sitting? Were you in the driver&rsquo;s seat or the passenger&rsquo;s seat?<br />A. I was driving my vehicle.<br />Q. Okay. You were driving. And where were you when &mdash;<br />MR. DEFENSE COUNSEL: Request to approach the bench Approach the bench.<br />THE COURT: Okay. (Discussion off the record, at the bench.)<br />THE COURT: Okay. We&rsquo;re going to have to take another break. If y&rsquo;all would go to the jury room. (Jury leaves the courtroom.)<br />THE COURT: Y&rsquo;all can have a seat. (Pause in proceedings.)<br />&emsp;<br />THE COURT: Back on the record. We took a break so the Court could appoint<br />an attorney to Ms. Wendy Young. That attorney was<br />Mr. Trent Loftin.<br />Mr. Loftin, you have something you want to place on the record?<br />MR. LOFTIN: Judge, for the record, my name is Trent Loftin. I&rsquo;m a licensed attorney here in Fort Worth, Texas. I&rsquo;ve been an attorney for about 18 or 19 years now. I have had a chance during a break to talk to the witness on the stand. We had a chance to go outside the presence of the Court, of the attorneys. And I&rsquo;ve advised her of certain rights. The first one is a right of, if she&rsquo;s going to make a different statement of different charges that she could face, number one, false statement to a peace officer; number two would be perjury. I&rsquo;ve advised her of the ranges of<br />punishment of what could happen or could not happen based on testimony that she had given prior to myself being called. I think she understood that. I think she understands what her rights are. I&rsquo;ve advised her certain things as attorney/client privilege, and I believe she<br />&emsp;<br />still wants to testify and go through with everything today with whatever she&rsquo;s going to testify to.<br />THE COURT: All right. Ms. Young, do you need any more time with Mr. Loftin?<br />THE WITNESS: No, ma&rsquo;am.<br />THE COURT: Okay. And do you wish for<br />Mr. Loftin to stick around, or may he go back to the court he was working in?<br />THE WITNESS: He can go back.<br />THE COURT: Okay. Will you check in with me before you leave?<br />MR. LOFTIN: Yes, ma&rsquo;am. I&rsquo;ll be outside or &mdash; off the record. (Discussion off the record.)<br />THE COURT: He&rsquo;ll just be there in case you need to ask him question &mdash;<br />THE WITNESS: Okay.<br />THE COURT: &mdash; okay? All right. Can you find Ms. Washington? If you want to ask him a question, just say, Judge, I need to speak to Mr. Loftin, okay?<br />THE WITNESS: Okay. (Pause in proceedings.)<br />THE COURT: All right. We have put on the record that &mdash; I don&rsquo;t need this. We&rsquo;ve put on the record<br />&emsp;<br />that Trent&rsquo;s talked to her and advised her and we&rsquo;re ready to go forward.<br />MS. WASHINGTON: Okay.<br />THE COURT: Okay. All right. Both sides ready for the jury?<br />MS. WASHINGTON: Yes, Judge.<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: Bring them in. (Jury enters the courtroom.)<br />THE COURT: All right. Y&rsquo;all be seated. And you may proceed.<br />MS. WASHINGTON: Thank you, Your Honor.<br />Q. (By Ms. Washington) Now, when you spoke with Detective Brashear, where did you tell him the accident occurred when you were first struck?<br />A. I told him the last place I remembered being was University and 199.<br />Q. Okay. And that would be in Fort Worth, Tarrant County, Texas?<br />A. Yes.<br />Q. Now, where were you, do you recall, when the defendant was striking you with his hand?<br />A. He did not strike me with his hand. He &ndash; we were in the car, and everything happened so fast. When you&rsquo;re trying to gain control and you&rsquo;re drunk, and it was<br />&emsp;<br />just in the process of trying to recover the &mdash; recover my vehicle.<br />Q. So even though you told Detective Brashear that he hit you multiple times, you&rsquo;re &mdash;<br />A. It wasn&rsquo;t accurate.<br />Q. &mdash; saying that&rsquo;s not accurate?<br />A. It&rsquo;s not accurate. I put that in my affidavit as well that the statement that &mdash;<br />MS. WASHINGTON: Objection, Your Honor, nonresponsive.<br />THE COURT: Once again, just answer the question she asks.<br />Q. (By Ms. Washington) Do you recall where you were when the defendant would have been driving?<br />A. No.<br />Q. Do you know how long he was driving?<br />A. Not long.<br />Q. When you say &ldquo;not long,&rdquo; what does that mean?<br />A. Not very long. To me, not very long. I don&rsquo;t know how many minutes. I couldn&rsquo;t tell you.<br />Q. More than five?<br />A. Maybe not even.<br />Q. What?<br />A. Maybe not even five.<br />Q. So less than five minutes?<br />&emsp;<br />A. It could have &mdash; I don&rsquo;t know. I can&rsquo;t speculate.<br />Q. Okay. So even though you&rsquo;re saying that you were intoxicated, he drove for five minutes and then gave you the wheel back?<br />A. Yeah. Well, I&rsquo;m pretty demanding.<br />Q. Okay. So you were pretty demanding?<br />A. Yeah.<br />Q. And what&rsquo;s your &mdash; your body structure when you say you&rsquo;re demanding?<br />A. I was pretty demanding. If I want to drive my car &mdash;<br />Q. How tall are you?<br />A. I&rsquo;m 5&rsquo;7.<br />Q. And you&rsquo;re pretty petite, you would agree?<br />A. I&rsquo;m 120 pounds.<br />Q. 120 pounds?<br />A. Yes, ma&rsquo;am.<br />Q. 5-7. And what&rsquo;s his body frame?<br />A. Maybe 6-3.<br />Q. Weight, approximate?<br />A. 180.<br />Q. 180. And you&rsquo;re saying that you demanded that he give<br />&emsp;<br />you the car back while you were intoxicated?<br />A. Yes. I was very non-friendly.<br />Q. Okay.<br />A. And I admit to that. It was a mistake.<br />Q. You said that when you left the hospital, you went to multiple locations and then the police station. Did your mother ever force you to make a statement agains the defendant?<br />A. Yes.<br />Q. She did?<br />A. Yes.<br />Q. How did she force you? A. Because I didn&rsquo;t want to make a statement. I told the officers that I did not want to make a statement<br />Q. Okay. So how did she force you? A. She went down there and sat there until she could find somebody that would make a report.<br />Q. Okay. But you heard the phone call where you were giving her the details.<br />A. No.<br />Q. You were giving details about the incident?<br />A. To Brashear?<br />Q. Uh-huh.<br />A. That was because I was handed the phone. Knowingly gave a statement that I didn&rsquo;t even know I was<br />&emsp;<br />giving &mdash;<br />Q. Okay. Did you know that &mdash; did you give a statement to the police department when you were in Lake Worth that day?<br />A. They made me write on a paper.<br />Q. Okay. So you did give a statement?<br />A. Yes.<br />Q. Okay. And did you tell &mdash; your mom forced you. Did she like strong-arm you? What did she &mdash; what did she use to force you?<br />A. I didn&rsquo;t have my vehicle so it was pretty muchin her car.<br />Q. But you had made it to your sister&rsquo;s house,<br />right?<br />A. Uh-huh.<br />Q. And you could have stayed there, right?<br />A. (Nods head.)<br />THE COURT: Answer yes or no.<br />A. Yes.<br />Q. (By Ms. Washington) So you didn&rsquo;t have to get back in the car with your mom.<br />A. But I didn&rsquo;t know where we were going when I got in the car with my mom.<br />Q. Okay. So she just drove you around randomly?<br />A. Yes.<br />&emsp;<br />Q. And then y&rsquo;all finally ended up at the police station?<br />A. Uh-huh, yes, ma&rsquo;am, because they &mdash; yes.<br />Q. And do you currently live with your mom?<br />A. No.<br />Q. Okay. You don&rsquo;t live with her currently?<br />A. No. She resides with me now.<br />Q. She resides with you now?<br />A. Yes.<br />Q. So your mom still lives with you?<br />A. She moved in with me about two weeks ago.<br />Q. Two weeks ago? Okay. She doesn&rsquo;t live in Cedar Hill?<br />A. No. There&rsquo;s nothing saying she lives in Cedar Hill. I don&rsquo;t know where you got that.<br />Q. Okay. So you still &mdash; so your mom lives with you now. And does the defendant live in the house with you and your mom?<br />A. Yes.<br />Q. Okay. You know where your mom is now?<br />A. At this particular moment, she&rsquo;s supposed to be on her way here.<br />Q. Okay.<br />&emsp;<br />MS. WASHINGTON: Judge, the State passes the witness.<br />THE COURT: Any cross? CROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. Okay. Wendy, let me ask you this: The day you went to the hospital was the day after you were in the car?<br />A. Correct.<br />Q. Okay. Whatever day that was, was the day after?<br />A. Yes.<br />Q. Okay. Now, one of the reasons that there was a delay in reporting things to the police was &mdash; was one of the reasons for the delay in reporting things to the police because you were concerned about your own liability, for one, driving while intoxicated and the fact that you were pregnant while you were driving while intoxicated?<br />A. Yeah.<br />Q. So you went to Hillsboro, you went to Garland, you slept, and then you went back &mdash; then at some point, you went to the hospital. Because you &mdash; you knew, if you had gone to the hospital right after you had gotten out of the car, then your toxicology would show how intoxicated you were.<br />&emsp;<br />A. Correct.<br />Q. Okay. Okay. So &mdash;<br />A. I didn&rsquo;t feel there was any need to &mdash;<br />Q. That&rsquo;s all right. Just answer the question.<br />A. Okay.<br />Q. Okay. So &mdash; so you &mdash; so when you went to the ospital, we&rsquo;re at least 24 hours past the event. When ou went to the police department, you&rsquo;re probably<br />6 hours. And this is an approximation, but &mdash; okay. So it was your sense of self-preservation that aid &mdash; where you had said: Well, you know, I was riving, and the guy with me hit me, instead of saying: I as driving; I was drunk?<br />A. Yes. I was stupid, and I shouldn&rsquo;t have. I was lso going through a custody case with my son&rsquo;s father,nd I didn&rsquo;t want that to come out.<br />Q. Well, you were concerned about your &mdash;<br />A. Yeah.<br />Q. &mdash; your &mdash; your children&rsquo;s father finding out hat you were driving drunk and &mdash;<br />A. Yes.<br />Q. &mdash; such that you had a wreck? A. Uh-huh.<br />Q. Okay. And you have since &mdash; since that time you ave informed the District Attorney about what really<br />&emsp;<br />happened?<br />A. Yes. I tried to recant.<br />Q. You told him that in writing?<br />A. Yes, sir, I have.<br />Q. A number of times?<br />A. Yes, sir, I have.<br />Q. Okay.<br />A. Because I was trying to do the right thing.<br />THE COURT: Wait a second. Let me tell you something. He can&rsquo;t take down when two people are talking, so let him finish his question before you start talking, okay?<br />THE WITNESS: Okay.<br />Q. (By Mr. Defense counsel) And as a practical matter &mdash; okay. As a practical matter, you&rsquo;re probably not really even very sure about where the car was wrecked?<br />A. I &mdash;<br />Q. Let me &mdash; let me tell you why I&rsquo;m asking you that, okay?<br />A. Uh-huh.<br />Q. To walk from University Drive to Hillsboro would take you more than a day. It would take more &mdash; it might take more than two days, okay? So I know you don&rsquo;t know for sure, but is it &ndash; is it &mdash; is it possible that you wrecked the car possibly<br />&emsp;<br />much closer to Hillsboro than you were to Fort Worth?<br />MS. WASHINGTON: Your Honor, I&rsquo;m going to object &mdash;<br />A. It&rsquo;s possible.<br />MS. WASHINGTON: &mdash; to the way the question is phrased. I know Counsel can lead, but he can&rsquo;t testify for the witness. So I&rsquo;m going to object to improper question because he&rsquo;s testifying for the witness.<br />THE COURT: State your question again.<br />Q. (By Mr. Defense counsel) Okay. You know you walked to Hillsboro?<br />A. Yeah.<br />Q. How long do you think it took you to walk to Hillsboro?<br />A. I really don&rsquo;t have a concept of time. I was on Xanax, and I was pretty drunk and kind of blacked out.<br />Q. Okay. But we know you weren&rsquo;t walking for two days.<br />A. Yeah. I wasn&rsquo;t walking two days. I just don&rsquo;t &mdash; I don&rsquo;t know how I just wound up there. I was &ndash;= you know, would do stupid things. And I don&rsquo;t remember because I did take medication, and I was drinking a lot. So it&rsquo;s very hard for me to recollect.<br />Q. Okay. And did you call your mother from<br />&emsp;<br />A. I did. I called her from a &mdash; there&rsquo;s a gas station in Walmart.<br />Q. Okay. All right. Now, just for the record, as far as you know, Hillsboro is actually in Hill County?<br />A. Okay.<br />Q. Well &mdash;<br />A. I don&rsquo;t know.<br />Q. All right.<br />A. I didn&rsquo;t know where I was, and I still don&rsquo;t.<br />Q. Okay. So fair to say you went from the scene where you wrecked the car to a gas station, Walmart, in Hillsboro?<br />A. Right.<br />Q. Those are two events that were not interrupted by any other thing?<br />A. Correct.<br />Q. Okay. And you don&rsquo;t have a specific recollection about how long you walked?<br />A. Exactly. I don&rsquo;t know exactly where anything happened or didn&rsquo;t happen or where I wrecked my car or how &mdash; you know, how I was &mdash; I was sloppy, and I don&rsquo;t recollect everything.<br />Q. Okay. And were you ever told by the &mdash; by the hospital staff that your fracture was, quote, tiny?<br />A. Yes. I was told it was very tiny. It wasn&rsquo;t a<br />&emsp;<br />severe fracture at all. It was a hairline fracture.<br />Q. Okay.<br />A. And actually, it healed on its own without surgery or any kind of specialist.<br />Q. Okay. So &mdash; okay. Now, your mother encouraged you to say you were assaulted?<br />A. She didn&rsquo;t know what happened. I looked, I imagine, pretty crazy when my mom got to me.<br />Q. Okay. So she pressured you?<br />A. Yes. She didn&rsquo;t know what happened. I was drunk. I don&rsquo;t know exactly, you know, what I told her. I&rsquo;m pretty sure she was freaked out because&hellip;<br />Q. Okay. And you told your mother you were drunk?<br />A. Yes.<br />Q. Okay. Therefore, your mother knew you didn&rsquo;t need to go to the hospital right away?<br />A. Yeah. She had things to do that day, and I just kept riding with her everywhere.<br />Q. Tell us one of the places you went with her.<br />A. Oma Burgers. She went to her office in Waxahachie.<br />Q. Where is her office?<br />A. It&rsquo;s a real estate office down there.<br />Q. Yeah. She has a real estate office. Where?<br />&emsp;<br />A. I don&rsquo;t know the exact street.<br />Q. Okay. But what city?<br />A. In Waxahachie.<br />Q. In Waxahachie?<br />A. Uh-huh.<br />Q. Okay. And &mdash;<br />A. We went &mdash;<br />Q. Did you &mdash; did you say you were in Garland?<br />A. She had drove me to Garland first.<br />Q. Okay. And when you went to Garland &mdash; and do ou know where Garland is?<br />A. I do.<br />Q. Garland is close to Dallas?<br />A. Yes, sir.<br />Q. Okay. Now, when you went to Garland, where did ou go in Garland?<br />A. My sister&rsquo;s, which is where my mom was living at he time.<br />Q. Pardon me? Say that again.<br />A. It&rsquo;s where my mother was living, with my sister, shley.<br />Q. All right. So your mother was living with your ister in Garland?<br />A. Yes, sir.<br />Q. And you went to Garland after your mother picked<br />&emsp;<br />you up in Hillsboro?<br />A. Uh-huh.<br />Q. Okay. And did you sleep there in Garland that night?<br />A. That was &mdash; it became that morning so we just &mdash; she &mdash; I never got to sleep from the time &mdash; I was still like &mdash; still kind of drunk, and we just road around with her doing errands.<br />Q. Okay. So you &mdash;<br />A. And then later &mdash;<br />Q. &mdash; don&rsquo;t know what time you got to Garland; is that fair?<br />A. Yes. I don&rsquo;t know what time.<br />Q. Can you tell us how long you spent there?<br />A. Oh, it wasn&rsquo;t very long, maybe an hour.<br />Q. Okay. Was it &mdash; was it daytime or nighttime?<br />A. It became daytime.<br />Q. Okay. So early morning, late night, early morning?<br />A. Yes, early &mdash; early morning.<br />Q. Okay. And &mdash; okay. So you were there for awhile, but you didn&rsquo;t sleep?<br />A. (Nods head.)<br />Q. Okay. So after you were in Garland &mdash;<br />&emsp;<br />THE COURT: Say yes or no.<br />A. Oh, no, sir, I didn&rsquo;t.<br />Q. (By Mr. Defense counsel) After you were in Garland, where did you go?<br />A. We went to eat. We went to Waxahachie. There was a time where I may have fallen asleep in the car. I don&rsquo;t know. I just woke up there. And then we went to the hospital. And then my mom left and continued to go wherever she had to go.<br />Q. So she left you at the hospital?<br />A. Yes, sir. Just to get me checked out. She said I was talking crazy.<br />Q. Okay. Now, when were you in &mdash; your discussion with the people in Lake Worth happened after that, right?<br />A. Yes, sir.<br />Q. And the conversation you had with Officer Brashear, when was that?<br />A. I don&rsquo;t know the date. I thought it was the day after, but she&rsquo;s saying the 20th.<br />Q. Okay. All right. And the &mdash; and the &ndash; in the &mdash; in the conversation with Officer Brashear, you told him you wrecked the car?<br />A. Yes, sir.<br />Q. By the way, it was your car, right?<br />A. Yes, sir.<br />&emsp;<br />Q. It wasn&rsquo;t his car?<br />A. No, sir.<br />Q. So that&rsquo;s one of the &mdash; well, that&rsquo;s one of the reasons you were able to say: Give me the car; it&rsquo;s my car?<br />A. Yeah.<br />Q. Okay. And the &mdash; the &mdash; the argument was essentially about him not wanting you to drive while you were &mdash; while you were drunk?<br />A. Yeah. I was pretty &mdash; really drunk.<br />Q. Okay. So your instinct for self-preservation was still &mdash; was still &mdash; still working when you talked to Brashear? You didn&rsquo;t &mdash; and when I say that, I mean you didn&rsquo;t want to admit to him that you were drunk and driving while you were pregnant?<br />A. Yeah. And then no one ever asked me if I was drinking or anything like that, so I just answered questions. I didn&rsquo;t know to, you know, given questions back or say anything else. I just was answering what they asked me. I wasn&rsquo;t given a chance to say anything else.<br />Q. Okay. A. And when I spoke with him, I didn&rsquo;t realize that was a statement. I didn&rsquo;t even know why I was on the phone with him because it was just handed to me.<br />Q. Okay. Now, just for the record, you haven&rsquo;t<br />&emsp;<br />given testimony in this case ever before today?<br />A. No.<br />Q. You have given some statements, but &ndash; but you&rsquo;ve never been under oath before today?<br />A. Correct.<br />Q. Okay. And you are aware &mdash; you are aware that you might have some liability for telling Officer Brashear that &mdash; some things that weren&rsquo;t true; that&rsquo;s been explained to you?<br />A. Yes, I did. I&rsquo;d try to set the wrong things right, and that&rsquo;s why I wrote the letters, because it wasn&rsquo;t accurate. I was under a lot of pressure just because my mom didn&rsquo;t know exactly what happened. She freaked out and just assumed.<br />Q. Okay. So have you gone into some kind of recovery program regarding your alcohol use?<br />MS. WASHINGTON: Objection, Your Honor, as to relevance.<br />MR. DEFENSE COUNSEL: Well, I think it&rsquo;s relevant. She stated she was &mdash; she was drinking then, and she says<br />it&rsquo;s not a problem now. And she said that on direct.<br />THE COURT: All right. I&rsquo;ll let her answer.<br />A. I haven&rsquo;t had rehab for that. I did see a<br />psychiatrist.<br />&emsp;<br />Q. (By Mr. Defense counsel) Do you see a psychiatrist?<br />A. Uh-huh.<br />MS. WASHINGTON: Your Honor, again, I&rsquo;m going to object to relevance. That has nothing to do with whether or not the witness was assaulted on May 8th.<br />THE COURT: I think we&rsquo;ve gone far enough.<br />Q. (By Mr. Defense counsel) Okay. But in any case, the statements that you made, the different times that you told the District Attorney that what you had said previously was not true &mdash;<br />A. Was not &mdash;<br />Q. &mdash; you made all those statements while you were sober?<br />A. Yes, sir.<br />Q. Okay.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />THE COURT: Any redirect?<br />MS. WASHINGTON: Yes, Your Honor. May I proceed?<br />THE COURT: Yes. REDIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. I just want to go over a few things. I guess first we could start with you said that you didn&rsquo;t know why you were on the telephone with Officer Brashear.<br />&emsp;<br />Didn&rsquo;t your mother tell you when she gave you the phone that he wanted to talk with you about the assault with the defendant?<br />A. No, she did not say that.<br />Q. So if that&rsquo;s on this recording, that would be wrong; she didn&rsquo;t tell you that?<br />A. I don&rsquo;t recall her telling me that, no. She said: Here, somebody wants to talk to you.<br />Q. Okay. And she never said to you about the assault?<br />A. No.<br />Q. Okay. Now, defense counsel was asking questions about self-preservation and you finding out that you were pregnant. When did you find out you were pregnant?<br />A. During that week.<br />Q. When specifically during that week?<br />A. I don&rsquo;t have a specific date for you.<br />Q. Okay. So at the time of the accident that you allege the accident occurred, did you know you were pregnant or not?<br />A. No, I did not.<br />Q. Okay. You didn&rsquo;t know you were pregnant at that time. And do you recall on the recording when you told Detective Brashear that you found out you were pregnant<br />&emsp;<br />about two days before speaking with him?<br />A. Uh-huh. But you told me that was the 20th, and y&rsquo;all ran it all together on me when I don&rsquo;t remember. It&rsquo;s kind of like you&rsquo;re beating me down because I don&rsquo;t know the exact dates.<br />Q. So you feel beat down?<br />A. I feel like you&rsquo;re beating me down, yes.<br />Q. Okay.<br />A. Or you&rsquo;re trying to.<br />Q. Do you feel like you deserve to be assaulted?<br />A. No, I do not. No one does. No one deserves verbal or any other abuse. Mine was probably verbal.<br />Q. Okay. And you&rsquo;re saying it was verbal?<br />A. I was. Just because I&rsquo;m small doesn&rsquo;t mean &mdash;<br />Q. You love the defendant, don&rsquo;t you?<br />A. I&rsquo;m sorry?<br />Q. You love the defendant, don&rsquo;t you?<br />A. I&rsquo;m sorry?<br />Q. You love the defendant, don&rsquo;t you?<br />A. Yes, I do.<br />Q. And do you love him more than you love yourself?<br />A. Well, I love myself equally &mdash;<br />MR. DEFENSE COUNSEL: I object &mdash;<br />THE COURT: Hang on. Hang on. Let me hear the objection.<br />&emsp;<br />A. We&rsquo;re equals.<br />THE COURT: Hang on. Hang on. Let me hear the objection.<br />MR. DEFENSE COUNSEL: I object to the form of the question, Your Honor.<br />THE COURT: Overruled. You can answer the question.<br />Q. (By Ms. Washington) Do you love him more than you love yourself?<br />A. I love myself. I mean, I&rsquo;m a happy person. I&rsquo;m not going to sit here and say that I don&rsquo;t love myself.<br />Q. Okay. And so you&rsquo;re saying that everything you told two officers between a two-week time span was completely false and inaccurate?<br />A. That&rsquo;s exactly what I wrote in the affidavit. It&rsquo;s not correct. It&rsquo;s not true. It&rsquo;s not accurate. I&rsquo;m<br />trying to say the right things, yes.<br />Q. Okay. And so you are admitting lying to the police?<br />A. I told them that it&rsquo;s not accurate, that I had had no time to think. I had no time to sleep. I had been drunk. I was on pills. I don&rsquo;t recall what I wrote when I wrote it.<br />Q. Okay. What pills were you taking?<br />A. I take Klonopin, anxiety medication &mdash;<br />&emsp;<br />Q. Uh-huh.<br />A. &mdash; and Xanax.<br />Q. Okay. Now, so &mdash; and I&rsquo;ll repeat the question &mdash; the officer &mdash; the statements you told two different officers between the two-week time span, you&rsquo;re saying that you lied to the police?<br />A. Yeah. I don&rsquo;t even remember what I wrote down when I wrote it down.<br />Q. So you&rsquo;re saying you lied to them?<br />A. What I wrote down is not accurate. I don&rsquo;t eve remember writing it &mdash;<br />MR. DEFENSE COUNSEL: I object. The question is argumentative.<br />MS. WASHINGTON: Judge, I&rsquo;m asking a question as to whether or not she &mdash;<br />THE COURT: I think the question has been answered.<br />MS. WASHINGTON: Judge, I don&rsquo;t recall her saying yes or no she did.<br />THE WITNESS: Because I don&rsquo;t recall writing &mdash; I don&rsquo;t recall how I even wrote it down. I don&rsquo;t remember writing it.<br />THE COURT: I think she&rsquo;s answered the question.<br />MS. WASHINGTON: Okay.<br />&emsp;<br />Q. (By Ms. Washington) So are you saying that you didn&rsquo;t tell the doctor the same thing, that you were assaulted by your boyfriend?<br />A. Yeah. I didn&rsquo;t tell the doctor that.<br />Q. Okay. Defense counsel was asking you questions recall me specifically asking you where the accident occurred and you said University and 99 &mdash; 199?<br />A. Because that&rsquo;s the last place I remember being.<br />Q. Okay. But that question was specific to you, where the accident occurred. And you said &mdash;<br />A. In my mind, that&rsquo;s where it occurred.<br />Q. In your mind, it occurred at University and 199?<br />A. Uh-huh. Yes, ma&rsquo;am. Sorry.<br />Q. And so, again, you&rsquo;re still saying the defendant just left you out on the road because you told him to?<br />A. Yes, because I told him to.<br />MS. WASHINGTON: Your Honor, the State would pass the witness.<br />THE COURT: Any redirect (sic)? RECROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. Okay. Now that you know a little about geography, you know it&rsquo;s physically impossible for you to walk from University and 199 to Hillsboro.<br />&emsp;<br />A. Yes, sir, I do. It don&rsquo;t make sense either when I try to think it out how I wound in Hillsboro from there. It doesn&rsquo;t make sense. And I don&rsquo;t remember. I did black out. So &mdash; the last place I remember, that&rsquo;s where I know I was. That&rsquo;s where I know I was. And I don&rsquo;t know what time &mdash;<br />Q. Fair to say that&rsquo;s the last time you knew where you were?<br />A. Yeah.<br />Q. Okay. And we know your mother picked you up in Hillsboro?<br />A. Yes.<br />Q. Okay. And we know it wasn&rsquo;t two days later?<br />A. No, it wasn&rsquo;t two days later.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />MS. WASHINGTON: No further questions from this witness.<br />THE COURT: All right. Is this witness finally excused?<br />MS. WASHINGTON: No, Your Honor. The State would ask that she be &mdash; that she remain.<br />THE COURT: All right. Ma&rsquo;am, you&rsquo;re not free to leave the courthouse. You may certainly take your children downstairs to the break room to get something to drink or eat, but if you would come back up to this floor,<br />&emsp;<br />the fifth floor.<br />THE WITNESS: Okay.<br />THE COURT: Sixth floor. Sorry.<br />THE WITNESS: Okay. Sure thing.<br />THE COURT: All right.<br />THE WITNESS: Thank you.<br />THE COURT: Uh-huh. (Witness leaves the courtroom.)<br />THE COURT: All right. Call your next witness.<br />MS. WASHINGTON: Your Honor, the State calls Dr. Sumrall. (Witness enters the courtroom.)<br />THE COURT: All right, sir. I believe you were sworn in yesterday; is that correct?<br />THE WITNESS: Yes, Your Honor.<br />THE COURT: All right. If you&rsquo;ll come have a seat up here and pull the mic close to you.<br />All right. You may proceed.<br />MS. WASHINGTON: Thank you, Your Honor. CHAD SUMRALL, M.D., having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. Could you please introduce yourself to the<br />&emsp;<br />ladies and gentlemen of the jury?<br />A. Hi. My name is Joseph Chad Sumrall. I go by Chad. I&rsquo;m an ER physician at Baylor Scott &amp; White in Waxahachie.<br />Q. And how long have you been an ER physician?<br />A. I finished residency in 2007, and I have been out practicing since then.<br />Q. Okay. And could you explain to the ladies and gentlemen of the jury your training and experience?<br />A. Medical school, four years. I did a four-year emergency medicine residency, Jackson Mississippi. Prior to that, I was a paramedic for just over ten years in the City of Fort Worth.<br />Q. Okay. And how long have you been at Baylor and Waxahachie?<br />A. I came there in August 2007.<br />Q. And what is your specific &mdash; do you have like a title or role at Baylor outside of the ER?<br />A. Attending physician.<br />Q. Okay. And like what exactly do you do? Do you just take cases as they come in? How is that?<br />A. Yes, ma&rsquo;am. We&rsquo;re scheduled shift work. And when you come in, you see all the patients that come in during that time. And there&rsquo;s usually a couple of us there most of the time.<br />&emsp;<br />Q. Okay. Is that a fairly large facility or a small facility?<br />A. It&rsquo;s a pretty medium-sized facility now. It&rsquo;s a brand new hospital, opened in &mdash; the new hospital opened in December this past year. And we&rsquo;re on track to see about 60,000 this year.<br />Q. Okay. And what shifts do you work at the hospital?<br />A. They&rsquo;re varied. Last week I was day shifts. Starting tonight, I&rsquo;m on night shifts for the next four days.<br />Q. Okay. And so if you were working night shifts, what hours would you work?<br />A. Those also vary. We &mdash; we have a 6:00 in the morning until 4:00 in the afternoon shift; a 10:00 o&rsquo;clock in the morning until 8:00 p.m. shift; a 4:00 in the afternoon until 2:00 a.m. shift; and a 8:00 p.m. to 6:00 a.m. shift.<br />Q. Okay. Now, is Baylor in Waxahachie, is that the only facility that you&rsquo;ve ever worked at?<br />A. No, ma&rsquo;am.<br />Q. What other locations have you worked at as a physician?<br />A. You want all the hospitals since residency?<br />Q. Uh-huh.<br />&emsp;<br />A. Did my training at University of Mississippi, Jackson, Mississippi. I worked in three facilities in Meridian, Mississippi, moonlighting my last year of residency. River Region in Vicksburg as well. And then since being in Fort Worth, I worked at All Saints downtown Fort Worth. I&rsquo;ve been associated with JPS, John Peter Smith Hospital, up until last year. I worked there just over two years with the residents in the teaching program there. Baylor Plano, the heart hospital in Baylor Plano, in the emergency department there. I believe that&rsquo;s it.<br />Q. Okay. And do you have any certifications?<br />A. I still have my &mdash; recertified my ATLS, Advanced Trauma Life Support, to work in the trauma center.<br />Q. What exactly does that mean?<br />A. I&rsquo;m sorry?<br />Q. What exactly does that mean?<br />A. Advanced Trauma Life Support is a four-year certification put on by the College of Surgeons to rapidly assess trauma, get the patient to either a trauma facility or initiate therapy as needed in a timely manner within the golden hour. It&rsquo;s more of a &mdash; specific for trauma patients.<br />Q. Okay. And was there a certain type of, I guess, course or training that you have to go through to get that<br />&emsp;<br />certification?<br />A. Yes. I recertified mine through Parkland at their training facility or their course that they put on last November.<br />Q. Okay. And what other certifications do you have?<br />A. Advanced cardiac life support, which we maintain for cardiac arrest, heart attack patients, that kind of thing. My PALS is Pediatric Advanced Life Support, has since lapsed. And then basic CPR.<br />Q. Okay. Now, when you see a patient, when a person comes into the hospital, when you see them specifically, do you see them by yourself, or do you see them with someone?<br />A. As a physician, we &mdash; we see the patient, but we also have a scribe that we&rsquo;ve began using over the last year that &mdash; that basically comes in &mdash; when I introduce myself, I introduce the scribe as well. The scribe basically takes down information that the patient says, and then at the end of the patient encounter, sometime during the shift, I go over the chart and see if I agree with everything they wrote, and then I sign off on that chart.<br />Q. Okay. And so you would be present when everything is &mdash; the patient is talking with you?<br />&emsp;<br />A. Yes, ma&rsquo;am. I&rsquo;m directly talking to the patient.<br />Q. Okay. And when you speak with someone, how do you, I guess, memorialize the context of your conversation? How do you keep the records?<br />A. How do I memorialize?<br />Q. Yeah. How do you make the records or document the conversation between you and the patient, or does the scribe do it?<br />A. The scribe has no interaction with the patient. They don&rsquo;t talk to the patient. No hands-on. They merely sit in the corner, and they have a laptop. And as we&rsquo;re talking, the patient describes whatever the case is. They type it in the format that we use. And then it&rsquo;s a legal record. And then at the end of the visit, I look at the chart, sign off that, yes, I reviewed the record and I agree.<br />Q. Okay.<br />MS. WASHINGTON: May I have permission to approach?<br />THE COURT: Certainly.<br />Q. (By Ms. Washington) I&rsquo;m going to show you what&rsquo;s marked as State&rsquo;s Exhibit No. 8. It&rsquo;s already been introduced. Could you please review that and just get familiar with it for a second?<br />&emsp;<br />A. Yes, ma&rsquo;am.<br />Q. Okay. Now, on May 8th, 2015, you were still working at Baylor Medical Center in Waxahachie, correct?<br />A. Yes, ma&rsquo;am.<br />Q. Do you recall having seen a patient or an individual by the name of Wendy Young?<br />A. Yes, ma&rsquo;am.<br />Q. And do you recall about what time you would have seen Wendy Young?<br />A. That was a morning shift. It was very early in the morning right after I had come to work. We started at 6:00 a.m. so it was shortly thereafter.<br />Q. Okay. So you would have seen her shortly after 6:00 a.m.?<br />A. Yes, ma&rsquo;am.<br />Q. Now, when you saw Ms. Young, how do you note for sure what day it would have been you saw her? Is that like &mdash; is that like input on the computer? How does that &mdash; how is that notated the day that you see somebody?<br />A. The date is automatic within the EMR system.<br />Q. Okay. And so when you saw Ms. Wendy Young on the 8th, do you recall &mdash; on May 8th, do you recall if she was with someone, or was she by herself?<br />A. She was with another female.<br />Q. Okay. And at that time, did you know who that<br />&emsp;<br />female was?<br />A. Initially, no, but I think &mdash; I think it came out later on who she was in the visit.<br />Q. Okay. Now &mdash; and was that her mother?<br />A. I believe so.<br />Q. Okay. Now, when you saw Ms. Young, could you describe or do you recall what she looked like?<br />A. Just as per the chart. I don&rsquo;t remember exact from my memory. She had an injury to the nose, bruising around the eye, bruising on the head. And then there wassome bruising on a leg that I recall.<br />Q. Okay.<br />MS. WASHINGTON: Your Honor, may I approach?<br />THE COURT: Certainly.<br />Q. (By Ms. Washington) Okay. These photographs have already been introduced into evidence. Would this be the person that you recall seeing on that day?<br />A. Yes, ma&rsquo;am.<br />Q. And the injuries that you&rsquo;re speaking of, would these be the injuries that you observed her to have?<br />A. That&rsquo;s correct.<br />Q. Okay. Now, when you made contact with her or when you spoke with her, how do you &mdash; when you&rsquo;re speaking with a patient, how do you go about finding out<br />&emsp;<br />what type of medical care they need?<br />A. Typically, when I enter a room, I introduce myself and the scribe, say hello to everybody in the room, and then I ask: What brings you to the hospital today, or something similar to that. And the patient usually tells us: I tripped, I fell, whatever the injury is, or whatever the case may be. And then from that, you develop questioning pertaining more specific to their particular individual issue.<br />Q. Okay. And so then is it important that the patient tell you how they sustained those injuries?<br />A. Yes.<br />Q. So you can know how to kind of navigate?<br />A. Yes, it is.<br />Q. Okay. And so in this particular case, when you spoke with Wendy Williams (sic), how did she tell you she received those injuries?<br />A. From the notes in the chart, it says she was struck with the fist and an elbow, I believe is what it said.<br />Q. Okay. Now, when she gave you that information, would that have been noted in your records?<br />A. It would.<br />Q. And do you see those notes in your records in<br />&emsp;<br />State&rsquo;s Exhibit No. 8?<br />A. I have to find the page.<br />Q. Okay.<br />A. The printed-out paperwork looks a little different than what we see on the computer, so&hellip;<br />Q. Okay. What did she tell you how she sustained the injuries?<br />A. Patient was hit on the head with an elbow and fist of the boyfriend.<br />Q. Okay. And what else happened, if you recall, when you saw Ms. &mdash; Ms. Williams (sic)? What else did she note to you?<br />A. She noted to the nurse that maybe she was pushed out of the vehicle but that was not discussed initially on my chart, I don&rsquo;t believe.<br />Q. Okay. And after you saw Ms. Williams (sic), did you bandage her up or what happened? Did you put the bandage on her or did somebody else?<br />A. No, I personally did not. The nurse or the tech would have bandaged her &mdash;<br />Q. Okay.<br />A. &mdash; when we were done.<br />Q. Okay. At any point during your conversation with Ms. Young &mdash; and you can look back to your notes &mdash; did she ever indicate to you that she had sustained the<br />&emsp;<br />injuries some other way, outside of the physical contact?<br />A. No. The injuries were reported that she was hit while she was driving, hit in the head with the elbow and fist. She was not specifically knocked out. That&rsquo;s one of the important questions that we ask. And then we asked her what other injuries she might have, and according to my note, she reports her nose, head, and neck and wrist hurt at that time.<br />Q. Okay. So she said that she was hurt?<br />A. Yes, ma&rsquo;am.<br />Q. Okay. Now, were her injuries consistent with what she told you, how she said she got them? Were they consistent?<br />A. Yes, ma&rsquo;am, they seemed to be.<br />Q. Okay. And when you were seeing Ms. Young, could you tell if she had been drinking alcohol or anything of that nature, or would lab works have been done at all regarding that, if you recall?<br />A. From what I recall, she did not appear intoxicated. And unless it pertains to specifics of her injuries, I would not have tested that.<br />Q. Okay. But you had no reason to believe one way or the other?<br />A. No. She was answering appropriately at that time.<br />&emsp;<br />Q. Okay. And when she was answering the questions to you, did she seem coherent, or did she seem disoriented?<br />A. Coherent.<br />Q. She seemed coherent?<br />A. Yes, ma&rsquo;am.<br />Q. Okay. What else happened while you were seeing &mdash; let&rsquo;s talk about her injuries, if we can. Looking at your records, what specifically were her injuries?<br />A. I remember the nose and the forehead. She had complained of some neck tenderness on the right side of the neck. When they have neck tenderness, we always assess the spinal column in the neck looking for any deformity or something that feels irregular. She did not have that. Her injury seemed to be more muscular at that time.= She had a contusion to her head. When you look at her eyes, you look for injuries or any evidence that there might be intracranial pressure with the unequal pupils, or things like that. Nothing seemed to indicate there was a head injury &mdash;<br />Q. Okay.<br />A. &mdash; at that point. There were some bruises on her bilateral lower<br />&emsp;<br />extremities on her legs above the knee on the right leg, I had noted. She didn&rsquo;t appear in any acute distress other than the pain that she was having at the time, which brought her in, I assume. She had full range of motion of her neck. Her orientation, she was alert, lucid, able to follow commands. She ambulated, walked into the hospital on her own power. I didn&rsquo;t see any gross defects in her gait or her extremities at that time other than the bruising.<br />Q. Okay. And when you said that she was alert and able to follow commands, is that part of your job as a physician, to make sure that a person is there, I guess, mentally and physically when you do your examination of her?<br />A. You do a neurologic assessment. And when you initially talk to the patient, are they coherent? Do they understand your question? Do they focus? Do they talk to you directly, or &mdash; or do they seem to be somewhere else kind of sometimes? And that might indicate that there&rsquo;s more going on. If they&rsquo;re not direct with you, might indicate more testing is necessary.<br />Q. Okay. And was she direct with you?<br />A. She was.<br />&emsp;<br />Q. Okay. And was there anything that she said or anything that happened that would have caused you to believe that maybe she needed additional testing?<br />A. No, ma&rsquo;am. The swelling and the bruising about the face was concern for initial injury in that region. There was nothing to indicate that I thought she had a head in injury, internal head injury or spinal injury that I thought the radiation and the &mdash; of a CT scan was necessary at that point.<br />Q. Okay. Now, had she told you that she had been in a car wreck and that is what caused the injuries, are there different things that you would have looked for as a result?<br />A. There are. I&rsquo;m fairly conservative when it comes to automobile accidents. Just with the training and things that I&rsquo;ve seen over the years, if there&rsquo;s any neck tenderness, especially midline, I&rsquo;m pretty cautious. I&rsquo;ll put a C-collar or cervical collar on their neck and at least image the spine to make sure there wasn&rsquo;t a whiplash-type injury where you can injure the bones of the upper spine. = And depending on the patient&rsquo;s coherence and actions or mechanism of the injury, CAT scan of the head and/or neck versus just an X-ray of the neck. So it would depend on what I&rsquo;m hearing from the patient and the<br />&emsp;<br />mechanism of the injury.<br />Q. Okay. And did she give you any type of indication that she had been in a wreck at all?<br />A. No, ma&rsquo;am.<br />Q. Okay. And you talk about your training with respect to wrecks. What exactly would that be?<br />A. With respect to what? I&rsquo;m sorry.<br />Q. I thought you said something along the lines of your trainings as it pertains to different types of wrecks?<br />A. Over the years, when I trained in the trauma center at University of Mississippi Medical Center, we &mdash; you &mdash; you see a lot of accidents. And just in any society, here, there as well, and you learn to be cautious. Sometimes seemingly minor injuries or minor incidents can result in significant injury. So I&rsquo;m a little more cautious on automobile accidents.<br />Q. Before that day, had you ever had a chance to &mdash; that you recall, to meet Wendy Young? Had you ever met her before?<br />A. Not that I&rsquo;m aware of, no.<br />Q. Okay. And when you make your notes, I mean, you just make your notes as you get them, correct? It&rsquo;s notsomething that &mdash; for lack of a better word, you wouldn&rsquo;t<br />&emsp;<br />I guess, just make something up; you get the information as the patient gives it to you, correct?<br />A. No. We try to chart in realtime as much as we can because of the volume of patients.<br />Q. Now &mdash; and I just want to go over again, Wendy Young told you that her injuries came from being struck with the elbow, as well as with the defendant&rsquo;s &mdash;<br />MR. DEFENSE COUNSEL: Objection. Counsel is leading, and it&rsquo;s repetitious.<br />MS. WASHINGTON: I&rsquo;ll rephrase, Your Honor.<br />THE COURT: Okay.<br />Q. (By Ms. Washington) Could you please state how Ms. Young said she sustained her injuries?<br />MR. DEFENSE COUNSEL: Objection, repetitious. She&rsquo;s already &mdash; the witness already stated this.<br />THE COURT: Sustained.<br />Q. (By Ms. Washington) When you were seeing Ms. Young, where was her mother? Was she in the room with you or was she out?<br />A. She was sitting in a chair in the room with us.<br />Q. Okay. So she would have been present when you were speaking with Ms. Young, Wendy Young?<br />A. Yes, ma&rsquo;am.<br />MS. WASHINGTON: Your Honor, the State passes the witness.<br />&emsp;<br />THE COURT: Any cross?CROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. Okay. Doctor, you had no reason to run a toxicology screen on her; is that correct?<br />A. No, sir.<br />Q. Okay. Is that yes?<br />A. I did not run a toxicology screen.<br />Q. You didn&rsquo;t run the thing because you didn&rsquo;t have a reason to?<br />A. Correct.<br />Q. Okay. And was the condition of her nose at one point described as a tiny fracture?<br />A. I believe I &mdash; it says that in the chart, yes, sir, I recall that phrase.<br />Q. Okay. I &mdash; I&rsquo;m a little surprised that &ldquo;tiny&rdquo; could be a medical term. But when we say &mdash; say &ldquo;tiny,&rdquo; I&rsquo;m assuming we&rsquo;re talking about the common meaning of it, which is very small?<br />A. Yes.<br />Q. Okay. Didn&rsquo;t require any kind of surgical intervention or brace or anything like that?<br />A. No, not for a nasal bone fracture.<br />Q. Okay. And, in fact, you never got any information about &mdash; about her being in a car at all? As<br />&emsp;<br />a practical matter, you didn&rsquo;t &mdash; you didn&rsquo;t &mdash; you said how did this happen, and you got an answer, but you weren&rsquo;t asking about the location or when &mdash; or things like that because you just need to know that for your &mdash;<br />A. I asked how she got injured, what happened. And there was a comment in the chart that said it happened while she was driving.<br />Q. Okay. Did she ever tell you that the car was wrecked?<br />A. No, sir, not that I recall.<br />Q. Okay. Do you &mdash; do you know, if you asked about that, what happened, what happened immediately thereafter or anything like that?<br />A. I don&rsquo;t recall any of those specific details that day.<br />Q. Okay. Well, let me just ask you, if a person is driving a car and that car leaves the roadway and goes into a ditch, her injuries would also be consistent with that? You &mdash; I understand, from looking at an injury, you can&rsquo;t give us a specific way of telling us how it occurred &mdash; how it happened?<br />A. Most cars nowadays have airbags that limits the facial injuries. But, yes, there still are facial injuries with air bags.<br />&emsp;<br />Q. Okay. In &mdash; in one place in &mdash; in one place in your notes, she stated that she was driving, and in another place in your notes, it indicates she told the nurse that she jumped out of the car; isn&rsquo;t that true?<br />A. Can you tell me where that is? I&rsquo;m not sure where that is.<br />Q. Sure. Under &ldquo;head nurse notes,&rdquo; I have it &mdash; here, let me &mdash;<br />A. ED nursing notes?<br />Q. I&rsquo;m sorry. Let me show &mdash; I&rsquo;ve got it here.<br />MS. WASHINGTON: Judge, may I approach?<br />THE COURT: Sure.<br />MS. WASHINGTON: Judge, may I approach?<br />THE COURT: Sure.<br />MS. WASHINGTON: Judge, I would just ask that we locate it in &mdash; what&rsquo;s in the actual Court&rsquo;s records &mdash;<br />THE COURT: Certainly.<br />MS. WASHINGTON: &mdash; so as to not read from this but to actually &mdash;<br />MR. DEFENSE COUNSEL: If you can find &mdash;<br />Q. (By Mr. Defense counsel) I&rsquo;m not &mdash; I&rsquo;m not asking you to read it at all. I&rsquo;m just asking you to refresh your memory. And if it indicates that she told the nurse shejumped out of the car.<br />&emsp;<br />A. Now, this &mdash; this what you circled is the nurse&rsquo;s comment. That&rsquo;s not my comment.<br />Q. I understand.<br />A. Okay.<br />Q. So nurse&rsquo;s comment is she jumped out of the car, but she told you she was driving?<br />A. Yes.<br />Q. Yes. She told &mdash; A. I would assume that&rsquo;s two separate events, struck in the car while driving and then was pushed out of the car.<br />Q. Well, I&rsquo;m sorry, just &mdash; let&rsquo;s stick to what was said and what is contained in the records.<br />A. Okay.<br />Q. She told you it happened while she was, quote, driving?<br />A. Okay.<br />Q. Told the nurse: It happened when I jumped out of the car?<br />A. I can&rsquo;t comment on what the nurse wrote, yes, sir.<br />Q. That&rsquo;s fine. That&rsquo;s fine.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />THE COURT: Any redirect?<br />MS. WASHINGTON: Just a few questions, Your<br />&emsp;<br />Honor.<br />REDIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. Defense counsel was asking you about facialinjuries with airbags. That assumes that the airbag deploys, correct?<br />A. Yes, ma&rsquo;am.<br />Q. Okay. But what if the airbag does not deploy?<br />A. Then typically, in a forward-motion accident, face and head does snap forward during a sudden deceleration, and you can have an injury to the face with a steering wheel an/and or windshield.<br />Q. Okay. And would you have two black eyes to go along with that?<br />A. A fractured nose can blacken both eyes because of the facial planes, the way the body is made.<br />Q. Okay. Now, with those type of injuries, would somebody be able to walk a long distance? From &ndash; from University &mdash; are you familiar with Fort Worth?<br />A. I am.<br />Q. Okay. Are you familiar with University and 199<br />A. Yes, ma&rsquo;am.<br />Q. Do you believe a person could walk from Hillsboro &mdash; from 199 to Hillsboro in those conditions?<br />A. If you had enough time, two or three days.<br />&emsp;<br />Q. Right. Two or three days.<br />A. You can have significant facial injury without internal injury and be lucid, never knocked out, as opposed to glass jaw hit one time in the chin and be unconscious, so &mdash;<br />Q. But it would take some days?<br />A. Just from logistics.<br />Q. Logistic. And you &mdash; you&rsquo;re sure you saw her on May 8th, 2015?<br />A. According to the record, yes, ma&rsquo;am.<br />Q. Okay. And defense counsel was asking you about toxicology report. Have you ever had the occasion to look at someone who was intoxicated?<br />A. Yes.<br />Q. Okay. Now, if a person says to you that, I&rsquo;m drunk, do you believe that you would smell alcohol coming from that person?<br />A. Not necessarily.<br />Q. Okay. Did she appear in your mind to have been intoxicated or drunk when you saw her?<br />A. No, ma&rsquo;am.<br />Q. Okay. And if you had smelled alcohol coming from her person, would you have noted that in your file?<br />A. Yes, ma&rsquo;am.<br />&emsp;<br />MS. WASHINGTON: The State passes the witness.<br />THE COURT: Any redirect &mdash; recross? RECROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. I think we&rsquo;ve already &mdash; Doctor, I think we&rsquo;ve already established in this case that it takes a long time to walk from University &mdash; University and 199 to Hillsboro. That&rsquo;s not a disputed fact. But in any case, she was certainly very ambulatory?<br />A. Yes, sir.<br />Q. And you don&rsquo;t know &mdash; and this is &mdash; this is outside of your expertise. You don&rsquo;t know what the release pressure for specific vehicles on airbag deployment is?<br />MS. WASHINGTON: Your Honor, I object to being outside this witness&rsquo;s expertise.<br />THE COURT: Let him answer if he knows.<br />A. I do not.<br />Q. (By Mr. Defense counsel) I understand. So &mdash; so &mdash; and cars don&rsquo;t &mdash; car don&rsquo;t always face impact going forward. They &mdash; they swerve off into the side, side of a ditch, that can certainly cause physical impact with &mdash; with the driver?<br />&emsp;<br />A. Certainly.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />MS. WASHINGTON: No further questions for this witness.<br />THE COURT: May this witness be finally excused?<br />MS. WASHINGTON: Yes.<br />MR. DEFENSE COUNSEL: That&rsquo;s fine.<br />THE COURT: All right. Sir, you may go back to work or to sleep, wherever you should be. Thank you very much.<br />THE WITNESS: Thank you.<br />THE COURT: All right.<br />THE WITNESS: Do you want these?<br />THE COURT: Yeah. Just leave that right there on the table. (Witness leaves the courtroom.)<br />THE COURT: All right. Ladies and gentlemen, I know y&rsquo;all have had several breaks this morning, but do the attorneys need a break, or are you ready to go forward?<br />MS. WASHINGTON: Judge, I need to check on that one witness. So if we could have like five minutes.<br />THE COURT: Okay. Let&rsquo;s take a five-minute break, which means a ten-minute break, as y&rsquo;all well know</p> <p>by now. So go into the jury room. (Jury leaves the courtroom.) (Recess.)<br />THE COURT: All right. Both sides ready for the jury?<br />MS. WASHINGTON: Yes.<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: Bring them in. (Jury enters the courtroom.)<br />THE COURT: All right. If y&rsquo;all will be seated. Call your next witness.<br />MS. WASHINGTON: The State calls Cathleen Young. (Witness enters the courtroom)<br />THE COURT: All right. Ma&rsquo;am, if you would come stand right up here for me. And if you would raise your right hand. (Witness sworn.)<br />THE COURT: All right. The next thing I need to tell you is the Rule has been called for, which means you cannot remain in the courtroom. You&rsquo;re not to talk to any other person about the case, except by permission of the Court. You&rsquo;re not to read any report or comment upon the testimony in the case while you&rsquo;re under<br />&emsp;<br />the Rule. So just don&rsquo;t talk about the case until it&rsquo;s said and done, okay?<br />THE WITNESS: Okay.<br />MR. DEFENSE COUNSEL: All right. Have a seat. Pull that mic up close to you. There&rsquo;s water in the pitcher if you need it. And another thing I&rsquo;m going to tell you, he has to take down every word you say, so if you would answer loudly enough for him to hear. And he&rsquo;s not real fond of &ldquo;uh-huhs&rdquo; or &ldquo;huh-uhs&rdquo; or shaking or nodding of the head.<br />THE WITNESS: Okay. Since I&rsquo;ve been sick, my voice goes in and out, so&hellip;<br />THE COURT: Okay. Just keep that mic real close to you. And why don&rsquo;t you go ahead and pour yourself a glass of water. I think you&rsquo;re going to need it.<br />THE WITNESS: Sounds like a winner.<br />THE COURT: All right. You may proceed.<br />MS. WASHINGTON: Thank you, Your Honor. CATHLEEN YOUNG, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. Ms. Young, could you introduce yourself to the<br />&emsp;<br />ladies and gentlemen of the jury?<br />A. My name is Cathleen Young.<br />Q. And what city and county do you currently live in?<br />A. I currently reside &mdash; well, actually, I don&rsquo;t really have a current residence. I&rsquo;m staying with friends.<br />Q. Okay. At what point were you &mdash; at one point were you living in Garland, Texas?<br />A. A few months ago. I mean, I don&rsquo;t recall exactly.<br />Q. Okay. Do you have a daughter by the name of Wendy Young?<br />A. I do.<br />Q. And does Wendy &mdash; do you and Wendy currently live together now?<br />A. We &mdash; I babysit.<br />Q. You babysit?<br />A. I babysit.<br />Q. Okay. And do you know an individual by the name of David Minze?<br />A. I do.<br />Q. And do you see him in the courtroom today?<br />A. I do.<br />Q. Can you point him out and describe an article of<br />&emsp;<br />clothing that he&rsquo;s wearing?<br />A. Light blue shirt, red tie, and washed blue pants (pointing).<br />MS. WASHINGTON: Your Honor, let the record reflect that the witness identified the defendant.<br />THE COURT: It may.<br />Q. (By Ms. Washington) Now, how do you know David Minze, the defendant?<br />A. Through my daughter.<br />Q. And do he and your daughter date?<br />A. Yes.<br />Q. And on May 8th, 2015, do you recall having to pick your daughter up early in the morning?<br />A. I did.<br />Q. Okay. And when you picked your daughter up early in the morning, where were you when you received a phone call?<br />A. I was asleep.<br />Q. You were asleep. And what &mdash; what woke you up? Was it a phone call? Was it a text? What was it?<br />A. It was a phone call.<br />Q. It was a phone call. And when you spoke to the individual, was it a phone number that you recognized or what?<br />&emsp;<br />A. No.<br />Q. Okay. What made you answer the phone?<br />A. It kept ringing.<br />Q. Okay. And so when you finally answered the phone, what happened?<br />A. She asked me if I would come pick her up.<br />Q. Okay. &ldquo;She&rdquo; who? Your daughter?<br />A. My daughter, yes.<br />Q. And that&rsquo;s Wendy?<br />A. Correct.<br />Q. And when you went to pick her up, where did you go and pick her up from?<br />A. At Walmart.<br />Q. At Walmart. And where would that Walmart be located?<br />A. In Hillsboro.<br />Q. And about how far would Hillsboro be from where you were?<br />A. I don&rsquo;t know. A guesstimate, 45, hour. I don&rsquo;t know.<br />Q. Okay. You were in Garland?<br />A. I was in the vicinity of Garland.<br />Q. Okay. Now, when you went and picked your daughter up, was she by herself? Was she with someone? What was she doing?<br />&emsp;<br />A. No. She was by herself.<br />Q. She was by herself. And what did she look like?<br />A. I mean, she looked like &mdash; she looked like she was hurting.<br />Q. She looked like she was hurting. And when you say she looked like she was hurting, what did you see? Did she look normal?<br />A. No, she didn&rsquo;t.<br />Q. Okay. So how did she look?<br />A. Well, her face had some marks and scratches on it. And so I proceeded to take her to the hospital to be checked out.<br />Q. Now, when you picked your daughter up from Hillsboro, do you recall what &mdash; where you were traveling? Were you on &mdash; what street, what highway were you on?<br />A. Is it 77 or 35? 35, I think.<br />Q. 35. And when you picked her up, was she bleeding? What &mdash; what did she look like?<br />A. I mean, you know, her face had marks and scratches and bruises on it.<br />Q. Okay. And you said you took her to the hospital. Did you go straight to the hospital, or did you go somewhere else?<br />&emsp;<br />A. Honestly, I don&rsquo;t remember if I went anywhere else before I took her to the hospital. I honestly don&rsquo;t.<br />Q. Okay. So you believe that you went from Hillsboro to the hospital?<br />A. That&rsquo;s what I &mdash; that&rsquo;s what I remember right now, yes.<br />Q. Okay. And just so we&rsquo;re clear &mdash; MS. WASHINGTON: Your Honor, may I approach?<br />THE COURT: Certainly.<br />Q. (By Ms. Washington) State&rsquo;s Exhibit No. 2, is this your daughter?<br />A. It is.<br />Q. And would this have been what she looked like when you picked her up?<br />A. Close to it.<br />Q. Okay. When you say &ldquo;close to it,&rdquo; what do you mean?<br />A. I mean, clarity, just &mdash; I don&rsquo;t know if those are days old. I don&rsquo;t know if it was the day of. I just &mdash; it&rsquo;s very similar, yes.<br />Q. Okay. Would you say, when you first saw her, was it worse than this or better?<br />A. I&rsquo;m not going to say worse or better. I mean, it&rsquo;s &mdash; I mean, it is what it is, you know.<br />&emsp;<br />Q. But that&rsquo;s what she looked like?<br />A. Yes.<br />Q. Okay. Does the defendant currently live with you and your daughter?<br />A. Well, like I said, I babysit.<br />Q. You babysit. So are you around him sometimes?<br />A. At times, yes.<br />Q. Now, let&rsquo;s talk about when you made it to the hospital. Was that &mdash; you said that&rsquo;s the first place you went?<br />A. No. I said I think. I honestly don&rsquo;t remember if I made another stop prior to that. I honestly don&rsquo;t remember.<br />Q. Do you recall if you went from Hillsboro to Garland before you made it to the hospital?<br />A. I could say yes, but I don&rsquo;t know if that would be an accurate answer because I honestly don&rsquo;t remember.<br />Q. And this happened a couple of months ago?<br />A. Yeah. I just &mdash; I&rsquo;m sorry. I wish I could give you exact, but I&rsquo;m going off of what I remember, and that&rsquo;s &mdash; that&rsquo;s it.<br />Q. Do you recall giving a statement to Detective Chris Brashear?<br />A. I remember speaking with him, yes.<br />&emsp;<br />Q. And do you recall telling him the events of what occurred?<br />A. At that time I do. I know I was extremely upset when I was talking to him. I was hurt.<br />Q. Okay. Why were you upset and hurt?<br />A. Because I just didn&rsquo;t feel &mdash; you know, I didn&rsquo;t feel proper actions were taken. You know, choices people make. I just &mdash; as a mother.<br />Q. Okay. When you say &mdash; what do you mean, proper choices and mistakes?<br />A. You know, everybody wants what&rsquo;s good for their kids.<br />Q. Uh-huh.<br />A. And as a parent, nobody&rsquo;s ever good enough. So just &mdash; that&rsquo;s just motherly instinct in me, you know. I don&rsquo;t ever think anybody&rsquo;s good enough for my girls.<br />Q. Okay. And so did you have reason to believe that those injuries were a result of the defendant?<br />A. I honestly can&rsquo;t say that because I didn&rsquo;t see it. I did not see it.<br />Q. What did your daughter tell you?<br />A. My daughter told me that she had hurt herself &mdash;<br />Q. Okay.<br />A. &mdash; is what she told me.<br />Q. So she told you that she did those injuries to<br />&emsp;<br />herself?<br />A. She didn&rsquo;t say that. She said that she got hurt. You know, she hurt herself. I don&rsquo;t know.<br />Q. How did she tell you that she hurt herself?<br />A. She didn&rsquo;t. She told me she hit it on the steering wheel, is what she told me.<br />Q. Okay. And so she didn&rsquo;t tell you that she was assaulted by the defendant?<br />A. She was not in her &mdash; she was not in her clear mind when I picked her up.<br />Q. How do you know?<br />A. How do I know?<br />MR. DEFENSE COUNSEL: I object. The question is argumentative.<br />MS. WASHINGTON: Judge, it&rsquo;s not argumentative.<br />THE COURT: Overruled. Overruled. She can answer.<br />A. I&rsquo;m sorry. What was the question again?<br />Q. (By Ms. Washington) How do know she wasn&rsquo;t in her right mind?<br />A. Well, because, I mean, I &mdash; she was on &ndash; you know, she was stranded, and so I went and picked her up. Anybody that&rsquo;s not in a comfortable situation &mdash;<br />Q. Okay. In a comfortable situation, she was<br />&emsp;<br />stranded in the middle of nowhere by the defendant, correct?<br />MR. DEFENSE COUNSEL: Objection. Counsel is leading.<br />A. I don&rsquo;t know. I wasn&rsquo;t &mdash;<br />THE COURT: Hang on. Hang on. When they object, let me &mdash; let me rule before you keep talking, okay? I&rsquo;ll sustain. Rephrase your question.<br />Q. (By Ms. Washington) Okay. You said that she was stranded. Did she tell you how she got stranded?<br />A. No. She told me &mdash; she told me &mdash; she said she &mdash; she told me that she told him to leave.<br />Q. Okay. So did he leave her stranded in the middle of nowhere?<br />A. That would be an assumption. It wouldn&rsquo;t be a yes, I know, or no, I don&rsquo;t know, because I wasn&rsquo;t there. I don&rsquo;t know.<br />Q. When you went and picked her up, was she there &mdash; was he there, the defendant there?<br />A. No. Like I said, she was at Walmart.<br />Q. And she was at Walmart by herself?<br />A. Yes.<br />Q. And was the sun out, or was the sun &mdash; or was it &mdash; or was it dark?<br />&emsp;<br />A. I&rsquo;m going to say the sun was coming up.<br />Q. So it was kind of light outside is what you&rsquo;re saying?<br />A. No. I mean, my headlights were still on.<br />Q. Okay. So you don&rsquo;t recall your daughter telling you that the defendant assaulted her? Is what you&rsquo;re saying?<br />A. No. I&rsquo;m saying she told me she was injured. I didn&rsquo;t see anything.<br />Q. Okay. You weren&rsquo;t there; you weren&rsquo;t present, right? You weren&rsquo;t there; you didn&rsquo;t see anything that happened?<br />A. No.<br />Q. But you were the first person she called, correct? She called you in the morning to come pick her up, right?<br />MR. DEFENSE COUNSEL: Objection. The question is multifarious, and it calls for speculation.<br />MS. WASHINGTON: I&rsquo;ll rephrase.<br />MR. DEFENSE COUNSEL: She can&rsquo;t possibly know if she&rsquo;s the first person.<br />THE COURT: Rephrase.<br />MS. WASHINGTON: I&rsquo;ll rephrase.<br />Q. (By Ms. Washington) Did your daughter call you to pick her up?<br />&emsp;<br />A. Yes, she did.<br />Q. Okay. And did you go and pick her up?<br />A. I did.<br />Q. Did your daughter tell you if she called any other person to pick her up?<br />A. We did not have that discussion.<br />Q. Okay. So you went and picked her up. Did she say to you that her boyfriend, the defendant, struck her?<br />A. She never directly came out and told me that, no.<br />Q. Okay.<br />MS. WASHINGTON: Your Honor, may we approach?<br />THE COURT: Sure.<br />(Discussion off the record, at the bench.)<br />THE COURT: All right. Ladies and gentlemen, we have some work we have to do outside your presence. So instead of sending you to the jury room, I&rsquo;m going to send you to lunch. If you would be back outside at 1:15 so we can work and we might have a little bit of time to eat ourselves, okay? So make sure to keep your badges visible and be outside at 1:15.<br />(Jury leaves the courtroom.)<br />&emsp;<br />THE COURT: Okay. All right. We are going to take a break so that the witness can listen to a recording that was made, and then if you would speak to her, all right? So, Tulani, what if we say y&rsquo;all can listen to that. The rest of us can go to lunch. And if the attorneys would be back &mdash; everybody would be back at 1:00 rather than 1:15.<br />MS. WASHINGTON: Okay.<br />THE COURT: Okay? All right.<br />(Lunch recess.)<br />THE COURT: All right. Let&rsquo;s call your next witness, Mr. Defense counsel. You agree to that?<br />MS. WASHINGTON: Judge, I wouldn&rsquo;t want to take the witnesses out of order because I&rsquo;m not sure if she&rsquo;s going to &mdash; whether or not her statements will allow the other information to come in, so&hellip;<br />THE COURT: Then you need to get your investigators to go floor to floor in this building and find her.<br />(Pause in proceedings.)<br />THE COURT: All right. Ma&rsquo;am, if you would come back up here and have a seat and pull the mic close to you.All right. Both sides ready for the jury?<br />&emsp;<br />MS. WASHINGTON: State&rsquo;s ready.<br />MR. DEFENSE COUNSEL: We are.<br />THE COURT: Bring them in.<br />(Jury enters the courtroom.)<br />THE COURT: All right. If y&rsquo;all would be seated. And I believe you were still on direct.<br />Q. (By Ms. Washington) Ms. &mdash; Ms. Young, when we left out, did you have an opportunity to listen to a recording?<br />A. I did.<br />Q. And did that refresh your recollection?<br />A. Yes. On some, yes, ma&rsquo;am.<br />Q. Okay. Let&rsquo;s kind of start back over from when you went and picked your daughter up, okay? When you went &mdash; when you made it out to Hillsboro and you picked your daughter up, she was by herself, correct?<br />A. Correct.<br />Q. Okay. Could you describe to the ladies and gentlemen of the jury, what did she look like?<br />A. She &mdash; she had black marks on her. She had bruises on her. That&rsquo;s what prompted me to take her to the hospital.<br />Q. Okay. Now, when you went and picked her up on<br />&emsp;<br />May 8th in Hillsboro, how did she tell you that she sustained those injuries?<br />A. She said there had been an argument and a disagreement.<br />Q. Okay. And what did she say happened as a result of the argument and disagreement?<br />A. She just said they got &mdash; they got into a disagreement, and she told him to take her car, and she wanted to walk. I mean, that&rsquo;s what she told me.<br />Q. Okay. And so did she ever tell you that the defendant struck her?<br />A. She said there was a scuffle in the car and that &mdash; yes.<br />Q. Yes, she told you the defendant struck her?<br />A. Yes.<br />Q. And did she tell you that the defendant elbowed her in the face?<br />A. That, I believe so.<br />Q. Now, when you took your daughter, when you picked her up in Hillsboro and you went to the hospital, to your recollection, was that the first place you stopped, or did you go all the way to Garland?<br />A. I didn&rsquo;t go to Garland until after I dropped her off at the hospital.<br />Q. Okay.<br />&emsp;<br />A. I did go &mdash; I did go to Dallas but after the fact.<br />Q. Okay. When you dropped her off at the hospital, what did you do then?<br />A. I went and picked up my grandchildren.<br />Q. Okay. And then did you come back to the hospital with your daughter?<br />A. I did.<br />Q. Okay. When you were at the hospital with your daughter, do you recall if you took photographs or anything of that nature?<br />A. Not at the hospital, no, ma&rsquo;am.<br />Q. Okay. Were you present when she spoke with the doctor?<br />A. Doctor who?<br />Q. Were you there at any point when she was speaking with the doctor? Do you recall?<br />A. No.<br />Q. Okay. You don&rsquo;t recall. Okay.<br />A. I didn&rsquo;t talk to a doctor.<br />Q. Now, when you left Waxahachie, after you picked your daughter up, where did you go after that?<br />A. We went to the Fort Worth Police Department.<br />Q. Okay. Now, why did you go to the Fort Worth Police Department?<br />&emsp;<br />A. Because I told her she needed to &mdash; you know, she needed to file a report.<br />Q. Okay. Now, did you force your daughter to file any type of police report?<br />A. I did not force her, no. I suggested. I did not force.<br />Q. Okay. So you didn&rsquo;t threaten her in any way?<br />A. No.<br />Q. Now, if there was a belief that the injuries were a result of a car accident, then why take her to the police department at all?<br />A. To &mdash;<br />MR. DEFENSE COUNSEL: Objection. It&rsquo;s speculative, Your Honor.<br />MS. WASHINGTON: No, Judge. She knows why she took her to the police department.<br />THE COURT: Overruled. She can answer.<br />A. I&rsquo;m sorry. What was the question?<br />Q. (By Ms. Washington) The question is: If there was a belief that the injuries were a result of the car accident, then why take your daughter to the police department at all?<br />A. Because that&rsquo;s where she was currently staying, I think, so &mdash;<br />Q. What do you mean that&rsquo;s where she was currently<br />&emsp;<br />staying?<br />A. Well, she was visiting over there some people, so I don&rsquo;t know who.<br />Q. But I&rsquo;m saying, why did you take her to the police department?<br />A. To file a report, if what she was telling me was accurate.<br />Q. Okay. And when your daughter spoke with the police department, what police station did you end up going to finally?<br />A. Oh, my God. I &mdash; I don&rsquo;t remember which location because we went to like three of them.<br />Q. Okay. A. So I don&rsquo;t remember. All I know is it set off on a side street across from like a shopping center.<br />Q. Okay. And what happened that you ended up going to three different stations?<br />A. Because we kept getting the runaround and telling us this, to go this, you got the wrong jurisdiction. You &mdash; you know, this is not the right one. I mean, that went on for hours.<br />Q. Okay. And, ultimately, do you recall if you ended up at the Lake Worth Police Department?<br />A. I guess it was Lake Worth. I mean, I don&rsquo;t know. I&rsquo;m not familiar with Fort Worth at all.<br />&emsp;<br />Q. Okay. Now, when you made it to the police station, what happened?<br />A. We waited on two other officers to show up that was at the previous station we was at.<br />Q. Okay. A. Because they kept &mdash; like I said, kept giving us the runaround on where we needed to be, so we waited on them.<br />Q. Okay. And, ultimately, what agency ended up making out your statement? Was it in Fort Worth?<br />A. I&rsquo;m assuming so, yes.<br />Q. Okay. Now, were you present when your daughter told the officers what happened, how she got the injuries?<br />A. I was present. I was standing on the other side of the room, but, yes, I was there.<br />Q. Okay. And did her versions of events change from what she told you to what she told the police? Did they change?<br />A. Okay. I want to make sure I understand this correctly.<br />Q. Okay.<br />A. You&rsquo;re asking if she told the police something different than what she told me? Is that &mdash;<br />Q. Did she tell the police the same thing she told you, that the injuries were a result from the defendant<br />&emsp;<br />hitting her?<br />A. From my understanding. I mean, like I said, they had me standing over on the other side of the room.<br />Q. Okay. Did she tell the police the same thing she told you, that the defendant was the one who struck her?<br />MR. DEFENSE COUNSEL: Objection. That&rsquo;s the fourth time this question has been asked.<br />MS. WASHINGTON: No, it&rsquo;s not, Your Honor.<br />A. I&rsquo;m trying to &mdash; I&rsquo;m trying to &mdash; I&rsquo;m trying to visually &mdash; you know, before I answer it, I&rsquo;m trying to visually remember. I know she did speak to one. I know she did tell them. I know we had conversation at the police department, and I told her she needed to do what was right. And like I said, she was very frazzled and &mdash; but, I mean, I know you want an answer, and I guess I&rsquo;m going to say yes because &mdash;<br />Q. (By Ms. Washington) I just want to know what you remember.<br />A. I honestly have to say I don&rsquo;t know. I mean, I don&rsquo;t &mdash; I can&rsquo;t say. I know I was there, and I know she told the police, and I know she told me, but I, honest to God, don&rsquo;t know exactly what was said. I&rsquo;m assuming she did.<br />&emsp;<br />Q. Okay. Now, when you said you wanted &mdash; you told her to do what was right, what did you mean when you said that you told her to do what was right?<br />A. What &mdash; what she felt she needed to do under the circumstances because she was the only one that knew. Like I said, I wasn&rsquo;t there. So I couldn&rsquo;t &mdash; I couldn&rsquo;t go in and file any kind of report on her behalf because I wasn&rsquo;t there. I wasn&rsquo;t the one that went through what she went through. I don&rsquo;t know the circumstances. I don&rsquo;t know what went down. I don&rsquo;t know who she was with. I don&rsquo;t know exactly where things took place. All I know is what I was informed of, and that&rsquo;s it.<br />Q. Okay. And so then what happened, what happened after you left the police station?<br />A. Oh, my God. Where did we go? I think we went back to Dallas, I think, to get the kids. I think. I think that&rsquo;s what we did. I think. God, I wish I had a memory like an elephant, but I don&rsquo;t.<br />Q. Now, since this occurred back in May, have you been discussing this case with your daughter?<br />A. No. I don&rsquo;t &mdash; I don&rsquo;t discuss any &mdash; what &mdash; what she does, I mean, we talk, but we don&rsquo;t like discuss the case, you know, because I don&rsquo;t know a case to discuss. I mean, trust me, I&rsquo;ve got my life, and she&rsquo;s<br />&emsp;<br />got hers. I don&rsquo;t care to discuss anything with her or anybody, as far as that goes.<br />Q. You recall &mdash; do you recall having a conversation with a Detective Brashear over the telephone?<br />A. I do.<br />Q. And when you spoke with Detective Brashear, do you recall saying to Detective Brashear that your daughter told you that the defendant basically beat her?<br />A. To the recollection, yes.<br />Q. And those were your words, right?<br />A. Those were the words that I gave him from my daughter.<br />Q. Right.<br />A. Everything I told Officer Brashear, and I&rsquo;m sure they &mdash; the jury&rsquo;s going to hear it &mdash; is a result of everything my daughter told me.<br />Q. At what point do you recall hearing your daughter say for the first time that it was an accident of what caused the injuries? What was the first time you recall her saying that?<br />A. That it was an accident. Oh, God, I don&rsquo;t remember. The first time she called it being an accident.<br />That, I don&rsquo;t know the first time she referred to it as an accident.<br />Q. But it wasn&rsquo;t on May 8th?<br />&emsp;<br />A. I don&rsquo;t think so.<br />Q. So is it safe to say then that you really don&rsquo;t recall your conversation completely with Detective Brashear?<br />A. I know I gave a statement.<br />Q. But you don&rsquo;t remember the content of what you told him your daughter said?<br />A. Not everything, no, ma&rsquo;am. I did &mdash; you know, I did hear &mdash; hear a recording which brought, you know, brought some things up that I did not realize I did say, and other parts I have no clue that I said.<br />Q. And do you recall the time frame that those statements would have been made, the conversation would have been held?<br />A. The time frame?<br />Q. Uh-huh.<br />A. Are you talking about the actual time?<br />Q. Like was it a day after you took your daughter to the police station, two days?<br />A. Oh, man, I don&rsquo;t remember. My God, I don&rsquo;t remember. Can you ask the question again, please?<br />Q. Just do you remember the time frame that you had the conversation with Detective Brashear?<br />A. Couple of weeks.<br />Q. Do you want what&rsquo;s best for your daughter?<br />&emsp;</p> <p>A. I want &mdash; I want what&rsquo;s best &mdash; I want what&rsquo;s best for everybody, you know. I mean, as a parent, we always want what&rsquo;s best for our children, but we also want what&rsquo;s right for our children.<br />Q. Okay. Were your grandkids present when you had to pick your daughter up?<br />A. No.<br />Q. Okay. So they didn&rsquo;t see her like that?<br />A. No.<br />MS. WASHINGTON: Your Honor, may I have one second, please?<br />THE COURT: Sure.<br />Q. (By Ms. Washington) Do you recall if your daughter told you where the assault occurred?<br />A. The actual place of assault?<br />Q. Uh-huh.<br />A. No. She just said there was a disagreement and an argument.<br />Q. Do you recall if you told Detective Brashear that?<br />A. I know it happened in Hillsboro &mdash; well, I&rsquo;m not going to say that&rsquo;s where the assault happened. I don&rsquo;t know where it physically started, but that&rsquo;s where I got the phone call from.<br />MS. WASHINGTON: Judge, the State passes<br />&emsp;<br />the witness.<br />THE COURT: Any cross?<br />CROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. Okay. Ms. Young, at some point you have told us that your daughter said they were involved in a scuffle. Did you use the word &ldquo;scuffle&rdquo;?<br />A. I believe so.<br />Q. Okay. Like about four minutes ago?<br />A. Yes.<br />Q. Okay. So did you get the impression from that that there was something mutual going on?<br />A. Honestly, I didn&rsquo;t know what was going on.<br />Q. Okay. All right. And when you picked up your daughter from Hillsboro, did you ask her where the car was?<br />A. That &mdash; that wasn&rsquo;t my first concern. My first concern, you know, was picking her up.<br />Q. Okay.<br />A. But I&rsquo;m sure at some point during all that I asked her.<br />Q. All right. And did you ever get an answer about where the car was?<br />A. No. She said she was on the side of the road. She needed me to come pick her up. They got in a<br />&emsp;<br />scuffle &mdash;<br />Q. Okay.<br />A. &mdash; and he took off in the car.<br />Q. Did she tell you how long or how far she had walked to get to where she was?<br />A. She said a ways, but I don&rsquo;t recall how far she said she had walked. I know she said she was putting up sticky notes on signs, you know, I guess for somebody to locate her. I don&rsquo;t &mdash; I don&rsquo;t know. Like I said, everything that I&rsquo;m telling you is everything that she told me.<br />Q. Right. Did she tell you she had been drinking?<br />A. No.<br />Q. Okay. Well &mdash; and would she tell you she was drinking?<br />A. Probably not.<br />Q. Okay. Are you aware of the fact that she &ndash; at the time of this event, she was taking medications?<br />A. No, I wasn&rsquo;t. I can assume it, but I don&rsquo;t know.<br />Q. Okay. So you and she are not close enough that she would share information about her medications?<br />A. She doesn&rsquo;t tell me every &mdash; I mean, she doesn&rsquo;t tell &mdash; none of my kids tell me everything. I mean, we&rsquo;re all close, but they don&rsquo;t tell me everything.<br />&emsp;<br />Q. Okay. And were you at a Walmart in Hillsboro?<br />A. Yes.<br />Q. Okay. Tell us where the Walmart was.<br />A. Oh, Lord, it was off the highway. That&rsquo;s all I remember. Highway &mdash; and I don&rsquo;t remember the exit, but it&rsquo;s the exit like you&rsquo;re going to Whitney. I don&rsquo;t know the address. I just know how to get there.<br />Q. Okay. Was it in Hillsboro, or was it outside of Hillsboro?<br />A. From my understanding, it was in Hillsboro.<br />Q. All right. Was it near 35?<br />A. Yes. It was actually right off the service road.<br />Q. When you say right off 35, are we talking a mile or five miles?<br />A. Less than a mile. I mean, you exit the highway, take a right, and go down to the turn-in, take a left.<br />Q. Okay. And are you aware of the fact your daughter signed a statement saying she had walked 15 miles?<br />A. I said I didn&rsquo;t know how far she said she walked. She may have told me, but I don&rsquo;t remember. There&rsquo;s been a lot go on, you know.<br />MS. WASHINGTON: Your Honor, I&rsquo;m going to object. Those facts aren&rsquo;t into evidence.<br />&emsp;<br />THE COURT: I&rsquo;ll sustain.<br />MS. WASHINGTON: And, Judge, motion to strike the testimony.<br />MR. DEFENSE COUNSEL: Judge, we have a good-faith basis for asking that question. It&rsquo;s in the statement given by &ndash; by &mdash; by Ms. Young to the District Attorney and provided to us.<br />THE COURT: Okay. All right. I&rsquo;ll change my mind. Overruled.<br />MS. WASHINGTON: Judge, those facts have never been introduced on that witness stand. Those facts are not in evidence. They have never been stated from that stand.<br />THE COURT: I understand that, but I think he has a good-faith basis of asking it.<br />Q. (By Mr. Defense counsel) Okay. Are you aware of the fact that she stated she had walked for 15 miles?<br />A. I know she said she had walked awhile, but I don&rsquo;t recall how far she said.<br />Q. Okay. Do you have an idea about what time you got the phone call?<br />A. It came in at 3:33, 3:34, something like that.<br />Q. 3:33 in the morning?<br />A. Yes.<br />Q. Okay. At any point in your first conversation<br />&emsp;<br />with her did you ask her about David?<br />A. I don&rsquo;t know. I honestly don&rsquo;t know. I mean, my biggest concern &mdash; because when you woke &mdash; when you woke up, you wake up in a panic for one, anybody would, with a phone call early in the morning. What my first response or thought was, was just getting to my daughter.<br />Q. Okay. Well, try to recall, after you got there, I&rsquo;m assuming you started asking her questions?<br />A. I did. Well, first thing &mdash; the first thing Iwanted to do was find a &mdash; the closet hospital because I had to go, like I said, go get my grandkids. And I thought, well, since I&rsquo;m heading back that way, so I honestly &mdash; I started asking questions. I asked her, for one, how she wound up where she was. And she&rsquo;s like they were just on a road trip. And, you know, that&rsquo;s how they got to Hillsboro.<br />Q. Okay. Did you try to find a hospital in Hillsboro?<br />A. I tried &mdash; I tried calling police officer stations in Hillsboro to find out what to do. And everybody kept telling me same thing that did in Fort Worth, wrong jurisdiction, wrong jurisdiction. I&rsquo;m like &mdash; so I said: Okay. To heck with it. I need to go get you seen. I need to see if anything is wrong with you besides the physical appearance.<br />&emsp;<br />I mean, you know, that&rsquo;s what a mother does. You don&rsquo;t want to see your child hurt.<br />Q. I understand. At the time, were you staying in Garland?<br />A. At the time, I was babysitting, yes.<br />Q. Okay. And at the time that you were staying in Garland, you were living with a different daughter; is that correct?<br />A. Yes, because I babysit my grandkids for both of my children.<br />Q. But that&rsquo;s where you were staying; is that right?<br />A. That&rsquo;s where I was temporarily, babysitting my children &mdash; grandchildren.<br />Q. Okay. All right. And is it your testimony that you and she did not go back to Garland first before you went to Waxahachie?<br />A. I do not recall going to Dallas first because it wouldn&rsquo;t make sense if I did because I took her to the hospital, I dropped her off, and said I had to go to Dallas to pick up the grandkids because who was taking care of them had to go to work. So it wouldn&rsquo;t make sense, if you think about it, the time frame to which I was in Hillsboro and the time frame a normal person goes to work, which is 8:00<br />&emsp;<br />o&rsquo;clock.<br />Q. That&rsquo;s fine, ma&rsquo;am. I don&rsquo;t think we have time to go over all the things &mdash;<br />A. Well, I&rsquo;m just trying to explain. I don&rsquo;t see how I would have had time to get to Dallas first before going back to Waxahachie and then going back to Dallas.<br />Q. Okay. And you dropped your daughter off at the hospital. You didn&rsquo;t go into the hospital with her; you didn&rsquo;t help her fill out the intake forms; is that right?<br />A. I took her in to the front desk, told them I had to leave. I would be back.<br />Q. Okay. So at that point, you weren&rsquo;t as concerned about her?<br />A. That&rsquo;s not &mdash;<br />Q. She was at the hospital.<br />A. That is not correct. I had two obligations. I had one obligation to get my daughter treatment, which is where I took her, because I knew she would be taken care of.<br />My other obligation was to my grandchildren, to go pick them up so the person watching them could go to work.<br />Q. Why did you have to go pick up your grandchildren at 3:00 in the morning?<br />A. Okay. I just stated that by the time I got to<br />&emsp;<br />the hospital from Hillsboro, time had passed, and I had to get to Dallas to pick up my grandchildren so the watching party could get to work.<br />Q. Okay. You pick up your daughter 3:30, 4:00?<br />A. I probably got to Hillsboro 4:30 to 5:00. I don&rsquo;t know the exact time.<br />Q. All right. And you took her to the hospital, and then you drove to Garland again; is that right?<br />A. I took her to the hospital, and I went and picked up my grandchildren.<br />Q. Okay. And you came back to the hospital?<br />A. I did.<br />Q. Okay. And by the time you got to Lake Worth Police Department, it was already after dark of the very next day. After dark you got to &mdash; you got to Waxahachie maybe at sunrise, but you got to Lake Worth after sunset?<br />A. No. We went &mdash; I picked her up, and I don&rsquo;t know if it was the day of or the day after, but we did go to several police departments in Fort Worth. And I&rsquo;m sure, if you look at their date and time stamp, you&rsquo;ll see what day it was, because I honestly don&rsquo;t remember if we did &mdash; it was the day before or the day after. And that&rsquo;s the God&rsquo;s honest truth.<br />Q. Do you know what time you got her from the hospital?<br />&emsp;<br />A. I do not.<br />Q. Was it daytime?<br />A. I believe so, yes.<br />Q. And she was not admitted to the hospital?<br />A. No.<br />Q. Okay. So can you tell us what happened between whatever time she got to the hospital, her discharge, and all of the next day, all of that following day before sunset?<br />A. I know I went and picked up my grandkids. I had &mdash;<br />Q. And the reason you picked up your grandkids is because they had to go to school; is that right?<br />A. I picked them up. They have &mdash; I watch my grandchildren. I had things to take care of that day before I went and picked up my daughter. I told her to call me when the hospital released her &mdash;<br />Q. Let me stop you there. Did you pick up your grandkids because they had to go to school, or did you pick them up because you were their childcare?<br />A. I was their childcare.<br />Q. Okay. Are they old enough to go to school?<br />A. The youngest one, no.<br />Q. Okay. Is one of them old enough to go to<br />&emsp;<br />school?<br />A. Pre-K, not &mdash; well, no, he&rsquo;s not old enough for Pre-K yet, no.<br />Q. Okay. Now, before you got to Garland, who were those children with, as far as you know?<br />A. My daughter.<br />Q. Your daughter. And your daughter &mdash; let me see if I&rsquo;ve got itright. You couldn&rsquo;t call your other daughter to say: I&rsquo;m here at the emergency room in Waxahachie with your sister; can you take care of your kids for a few hours while we see what happens here?<br />A. No, because she had to &mdash;<br />Q. I understand you didn&rsquo;t do it. You didn&rsquo;t do it &mdash;<br />A. She had to go to work.<br />Q. &mdash; because her injuries weren&rsquo;t serious enough &mdash; you didn&rsquo;t think her injuries were serious enough that you needed to stay there or you needed to interrupt your daughter&rsquo;s &mdash; your other daughter&rsquo;s childcare schedule &mdash;<br />A. No.<br />Q. &mdash; is that right?<br />A. No, it&rsquo;s not.<br />Q. Okay. Does your other daughter go to work or<br />&emsp;<br />something?<br />A. Yes. Yes. That&rsquo;s what I stated.<br />Q. Where does she go to work?<br />A. She works in the financial industry.<br />Q. Okay. So you had to go back to take care of her kids for the day?<br />A. I went &mdash; yes, I did take care of them.<br />Q. Okay. And so &mdash; so did you take care of them until 5:00 that night or 6:00 that night?<br />A. I took care of them for a couple of days.<br />Q. Okay.<br />A. I mean, that&rsquo;s not unusual.<br />Q. But you didn&rsquo;t take your children back to Waxahachie with you, did you?<br />A. Yes, I did. That&rsquo;s what I stated earlier.<br />Q. Okay. So you took the children back toWaxahachie?<br />A. Yes.<br />Q. Okay. And then did you return to Garland?<br />A. No, not then. I did not. I had other errands to run. And I had to go to &mdash;<br />Q. What were your other errands you had to run withyour daughter newly discharged from the hospital and two &mdash; two children who are not of school age?<br />A. To get Fort Worth police to do what they said<br />&emsp;<br />they were going to do, which was get us to the right location so she could give her statement.<br />Q. I&rsquo;m sorry. How &mdash; I asked you before why &ndash; why you weren&rsquo;t talking to the police department until sundown of the next day, and you said you had other things to do.<br />A. I did.<br />Q. Now tell me what the other things &mdash; did any of them have to do with your real estate business in Waxahachie?<br />A. My real estate business is not in Waxahachie, no.<br />Q. Okay. So if somebody told us you had a real state business in Waxahachie, that&rsquo;s incorrect?<br />A. I sell in Waxahachie.<br />Q. You what?<br />A. I sell in Waxahachie.<br />Q. Okay. But you don&rsquo;t have an office in Waxahachie?<br />A. No. I work from &mdash; I work from a remote location.<br />Q. Okay. Does that mean you work from home?<br />A. No.<br />Q. Okay. Do you have an office?<br />A. I do have an office.<br />Q. Where is your office?<br />&emsp;<br />A. In Dallas.<br />Q. Okay. Not &mdash; not in Garland; it&rsquo;s in Dallas, right?<br />A. It&rsquo;s in Dallas.<br />Q. You have a real estate office in Dallas, and you sell homes in Waxahachie?<br />A. I sell them &mdash; anybody knows real estate knows you can sell within the Metroplex.<br />Q. Okay. What have you told your daughter? Because your daughter believes you have a real estate business in Waxahachie.<br />A. Anybody can look, and it will show geographics of where they sell homes. And on their geographical areas it will state, Cleburne, Mansfield, Midlothian, Dallas, Park Cities. I mean, it can be a variety of areas. It doesn&rsquo;t have to be just one local central area.<br />Q. That&rsquo;s not what I&rsquo;m asking. Have you told your daughter you have a real estate business in Waxahachie?<br />A. No.<br />Q. Okay. All right.<br />A. She knows &mdash; I mean, she knows it&rsquo;s everywhere.<br />That could be her assumption, but&hellip;<br />Q. Okay. Okay. And were the infant children with you when you went to the Lake Worth Police Department?<br />A. Yes. My grandchildren were with me.<br />Q. Okay. Now, there isn&rsquo;t any mention about the<br />infant children being with you, you didn&rsquo;t leave them in<br />the car, did you?<br />A. Never, ever.<br />Q. Okay. So you brought your daughter and the<br />infant children with you into the Lake Worth Police<br />Department?<br />A. I did.<br />Q. Okay. All right. And where were her infant children?<br />A. They were &mdash;<br />Q. Your daughter &mdash; your daughter, Wendy, where were here infant children?<br />A. With me.<br />Q. Okay. So you had two sets of infant children, the infant children from Garland and the infant children of Wendy?<br />A. No. I don&rsquo;t know where you&rsquo;re getting this information, but, no, I had my two grandsons with me. So<br />I don&rsquo;t know where you&rsquo;re getting &mdash;<br />Q. Okay. I&rsquo;m sorry. Let&rsquo;s go back to what I asked you before. You had to leave your daughter in Waxahachie because you had to go to Garland to pick up your other daughter&rsquo;s children because your daughter works in the<br />&emsp;<br />financial industry?<br />A. No. I said I had to go pick up my grandchildren because my other daughter had to go to work because her child goes to school.<br />Q. Okay. So &mdash; so you went back to pick up her child and Wendy&rsquo;s children?<br />A. No. No. I just said her child goes to school. I had to go pick up Wendy&rsquo;s children, my two grandsons.<br />Q. Okay. And so everybody was living in Garland?<br />A. Everybody not living in Garland. People were staying and visiting, but they weren&rsquo;t &mdash;<br />Q. Well, was Wendy living in Garland with her two children?<br />A. She wasn&rsquo;t living. We were helping her out.<br />Q. Okay. Well, it&rsquo;s 6:00 in the morning, and her children are sleeping in Garland. That would make me think they were living there, certainly for one night.<br />A. Well, staying there, yes, but not living there.<br />Q. Did she have a different residence?<br />A. She had an apartment.<br />Q. And where was the apartment?<br />A. In Dallas. I think it was Garland &mdash; or was it Dallas? It was Dallas.<br />Q. Okay. So when you went to the &mdash; when you went to the Lake Worth Police Department, would you agree it<br />&emsp;<br />was after sundown?<br />A. It rolled over late into the evening, yes.<br />Q. Okay. And so when you go there, you&rsquo;re with Wendy and her two young children?<br />A. Correct.<br />Q. Okay. Okay. So Wendy &mdash; while Wendy is there with her children in front of you, you wouldn&rsquo;t realistically expect her to say: Well, Officer, this accident happened. I was injured in an accident that happened while I was &mdash; while I was drunk and away from my children. You wouldn&rsquo;t expect her to say that in front of you and three young children would you?<br />A. I don&rsquo;t expect any &mdash; I mean, I don&rsquo;t expect anybody to say anything that they &mdash; that they&rsquo;re not, I mean, speaking.<br />Q. Okay. Well, now, you talked about &mdash; you talked about telling her to do the right thing. Did you tell her to do the right thing when she told the District Attorney about what really happened that the accident was caused by her intoxication?<br />A. I&rsquo;ve never heard &mdash;<br />MS. WASHINGTON: Your Honor, I&rsquo;ll object. Those facts aren&rsquo;t in evidence. There has been nothing to say this witness knew anything about what was told to the<br />&emsp;<br />District Attorney&rsquo;s Office. So I&rsquo;m going to object. That&rsquo;s not in evidence and also calls for speculation.<br />THE COURT: I&rsquo;ll sustain.<br />Q. (By Mr. Defense counsel) Okay. Well, let me ask you, if she&rsquo;s told you, she&rsquo;s told you it was an accident that happened because she was intoxicated?<br />A. I do not recall her telling me that, no.<br />Q. Okay. A little bit earlier, you told &ndash; you were telling us that she &mdash; first, she told you it was an accident. It was an accident.<br />A. An accident with a steering wheel, but not &mdash; she didn&rsquo;t tell me she was intoxicated.<br />Q. Okay. So she&rsquo;s never admitted that to you?<br />A. Right. That&rsquo;s what we discussed. That&rsquo;s what you asked me earlier. And she&rsquo;s never &mdash; because you say you doubt she would tell me.<br />Q. And so correct to say you doubt she would admit that to you?<br />A. I&rsquo;m saying not everybody would.<br />Q. Okay. Or that she was taking Xanax?<br />A. Like I said, an assumption. I can&rsquo;t prove it. I didn&rsquo;t see it. I don&rsquo;t know. We can assume. I can assume. Yeah, I don&rsquo;t &mdash; honestly, don&rsquo;t know. There&rsquo;s prescription medication, you know, that she was on for depression or anxiety, but that&rsquo;s all I know.<br />&emsp;<br />MR. DEFENSE COUNSEL: I pass the witness.<br />THE COURT: Redirect?<br />MS. WASHINGTON: Yes, Your Honor, just a few questions.<br />REDIRECT EXAMINATION<br />BY MS. WASHINGTON:<br />Q. Ms. Young, when you picked your daughter up, do you recall if you smelled any alcohol coming from her person or her breath?<br />A. I want to say &mdash; I want to say yes, but I don&rsquo;t &mdash; I can&rsquo;t honestly say. I want to say yes, but if I can sit here and say deliberately 150 percent yes, no.<br />Q. But you can&rsquo;t say yes; can&rsquo;t say no; you just do not remember?<br />A. I &mdash; like I said, I think I did.<br />Q. Okay.<br />A. But I can&rsquo;t swear to it. There&rsquo;s been so much water under the bridge since then.<br />Q. Now, when your daughter was &mdash; when you took your daughter to &mdash; and I believe defense counsel was asking you this, and you would agree, it wouldn&rsquo;t make sense for you to drive all the way to Garland first and then go back to Waxahachie to take your daughter to a doctor.<br />You would agree it doesn&rsquo;t make sense, correct?<br />&emsp;<br />A. Exactly. That&rsquo;s why I did it, because of the time frame issue. Because I had another daughter that had her child that she had to get to school and get to work by a time frame. So it only made sense for me to, like I said, so the saying goes, take care of two birds with one stone. Drop one child off, get her being treated, go pick up my grandchildren while my other daughter and her child can go to school and work.<br />Q. Okay. And so when you say go pick up grandchildren, you&rsquo;re referring to going to pick up Wendy&rsquo;s children?<br />A. Correct.<br />Q. Okay. And so your other daughter has her own child?<br />A. Correct.<br />Q. Okay. So when you come back with your grandchildren, they&rsquo;re Wendy&rsquo;s &mdash; they&rsquo;re Wendy&rsquo;s kids that come back with you?<br />A. Correct.<br />Q. Okay. Now &mdash; and I&rsquo;ll pretty much finish with this: When your daughter told you that the defendant assaulted her, did you have any reason to disbelieve her based on her injuries?<br />A. Did I have any reason not to believe her?<br />&emsp;<br />Q. Uh-huh.<br />A. I &mdash; I &mdash; no. I guess &mdash; I mean, I was just in shock.<br />Q. Okay.<br />A. I was shocked. I was hurt. I mean, nobody wants to see their child like that.<br />Q. And in fairness, you really didn&rsquo;t want to come today, did you?<br />A. I&rsquo;m sorry. No.<br />Q. And why is it that you didn&rsquo;t want to come today?<br />A. Well, I&rsquo;ve been sick this whole week &mdash;<br />Q. Okay.<br />A. &mdash; and I haven&rsquo;t felt good, and I didn&rsquo;t want &mdash; I don&rsquo;t want to &mdash; this is not me. This is not &ndash; I didn&rsquo;t do this. Only thing I know is what I&rsquo;ve been told. That&rsquo;s the only thing I know I did was go to Hillsboro, pick her up, take her to the doctor, and go pick up my grandkids and go to police stations. That&rsquo;s all I know. I can hearsay, and I&rsquo;ve said things of hearsay, but that doesn&rsquo;t mean I saw it. And I feel like I&rsquo;m being dragged through the mud for something that I didn&rsquo;t do and had no part of. I just want &mdash; I want peace, happiness, harmony.<br />MS. WASHINGTON: Your Honor, the State<br />&emsp;<br />passes the witness.<br />THE COURT: Any recross?<br />RECROSS-EXAMINATION BY MR. DEFENSE COUNSEL:<br />Q. And you&rsquo;ve never talked to David Minze? Is that what you &mdash; certainly not since this event, have you?<br />A. I&rsquo;m sorry?<br />Q. You haven&rsquo;t talked to him since this event, have you?<br />A. Talked to him since this event?<br />Q. Yes.<br />A. Are you talking about &mdash; are you referring to today? No.<br />Q. Okay. And like I said, what you said earlier was you assumed that everything that had happened had happened in Hillsboro, but you didn&rsquo;t see any of it.<br />A. No, I didn&rsquo;t.<br />Q. The only thing you know is where you picked her up in Hillsboro.<br />A. Correct.<br />Q. And maybe what time it was.<br />A. Correct. I don&rsquo;t know. I mean, the only thingI saw was my daughter, and I picked her up and took her to the hospital. That&rsquo;s all I know. That&rsquo;s all I saw.<br />Q. Did you think &mdash; did you call 911 when you<br />&emsp;<br />picked her up?<br />A. No, I didn&rsquo;t. I started calling police stations. I was distraught. I was frazzled. Upset.<br />Q. Okay. Well, take as much time as you need because we need to talk about some of these other things.<br />A. Go ahead.<br />Q. All right. So everything that&rsquo;s happened &mdash; everything that&rsquo;s happened is a result of what Wendy said to you that evening?<br />A. Yes. I mean, everything that I know of her has been as a result of what I&rsquo;ve been told with the exception of seeing her physically.<br />Q. Okay.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />MS. WASHINGTON: No further questions of this witness.<br />THE COURT: May this witness be finally excused?<br />MR. DEFENSE COUNSEL: I&rsquo;m assuming this witness willbe available if we need to talk to her.<br />THE COURT: All right. Can I see you for just a second, please? You may go back out through that door with the sign on it, okay? You&rsquo;re not free to leave the court yet, but if you would just wait out there for just a<br />&emsp;<br />second.<br />(Witness leaves the courtroom.)<br />(Discussion off the record, at the bench.)<br />THE COURT: All right. Call your next witness.<br />MS. WASHINGTON: Your Honor, the State calls Detective Brashear.<br />(Witness enters the courtroom.)<br />THE COURT: All right. Sir, I swore you in yesterday, did I not?<br />THE WITNESS: Yes, ma&rsquo;am, you did.<br />THE COURT: All right. Come have a seat. Pull the mic close to you.<br />THE WITNESS: Yes, ma&rsquo;am.<br />MS. WASHINGTON: May I proceed, Your Honor?<br />THE COURT: You may.<br />CHRIS BRASHEAR, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. WASHINGTON:<br />Q. Detective, could you introduce yourself to the ladies and gentlemen of the jury?<br />A. Yes. I am Detective Chris Brashear, and I work with the Fort Worth Police Department.<br />Q. And how long have you been working for the<br />&emsp;<br />Fort Worth Police Department?<br />A. For 12 years.<br />Q. And what are some of your duties with the Fort Worth Police Department?<br />A. Currently, I&rsquo;m assigned as an investigator with the robbery unit. I was previously assigned as an investigator with the domestic violence unit. And prior to that, I was a patrol officer and a zero tolerance officer.<br />Q. Okay. And what type of training have you had to go through to become a detective?<br />A. A detective. In February of 2014, I attended a 40-hour detective school where they talked about the basic investigative abilities and topics that as a young detective, I would partake in.<br />Q. Now, you indicated that you used to be with the domestic violence unit?<br />A. Yes, ma&rsquo;am.<br />Q. How long were you with the domestic violence unit?<br />A. For nine months.<br />Q. And what type of training have you had specifically geared towards domestic violence?<br />A. In the Fort Worth Police Academy, I attended a 40-hour block of the training academy that was related<br />&emsp;<br />specifically to domestic violence.<br />Q. And have you ever had the occasion to train or teach other individuals regarding the investigation of domestic violence cases?<br />A. Yes, ma&rsquo;am. I am currently an instructor with the Fort Worth Police Department, and I teach our new police recruits domestic violence dynamics. And it&rsquo;s that same 40-hour block of instruction.<br />Q. And how long have you been in that particular role?<br />A. In that particular role, I&rsquo;ve been in that role for nine months now.<br />Q. Okay. And working domestic violence cases, how many cases specifically dealing with domestic violence have you had to engage?<br />A. In 325.<br />Q. 325. And about what&rsquo;s that &mdash; that time span, the entire time you&rsquo;ve been dealing with those type cases?<br />A. Yes, ma&rsquo;am, during my nine months with thedomestic violence.<br />Q. Okay. And now that you&rsquo;re in another unit, do you still handle domestic violence cases?<br />A. No, ma&rsquo;am. My sole responsibility now is to investigate robbery offenses that occur within the City of<br />&emsp;<br />Fort Worth.<br />Q. Okay. But you still teach regarding various types of domestic violence investigations?<br />A. Yes, ma&rsquo;am. I&rsquo;m still currently the instructor for the Department.<br />Q. Okay. And is there a certain shift that you would work while you were working with the Fort Worth Police Department?<br />A. Yes, ma&rsquo;am. My &mdash; during my time during the domestic violence unit, I worked from 6:00 a.m. in the morning until 4:00 p.m. in the afternoon. My current time of assignment is 8:00 a.m. in the morning until 4:00 p.m. in the afternoon with the robbery unit.<br />Q. Now, when you are assigned a case, is that by random? How do you get assigned cases?<br />A. It is by alphabetical order within our unit. We have a case assignment detective in the domestic violence unit that will pull up the queue of the previous daysreports that were initiated by patrol officers, and then he will go through the alphabetical order of the list to assign the cases to detectives.<br />Q. Now &mdash; and you&rsquo;re a certified peace officer?<br />A. Yes, ma&rsquo;am.<br />Q. Okay. And as part of your certification as a peace officer, are you required to get continuing updates<br />&emsp;<br />and additional trainings or CLEs?<br />A. Yes.<br />Q. Okay. And how frequently do you have to get those?<br />A. Every &mdash; everytwo years. As a police officer in the State of Texas, we are mandated by the Texas Commission on Law Enforcement to get 40 hours specifically of training that is related to law enforcement duties.<br />Q. Okay. And were you in compliance this year, May 8th, 2005 &mdash; 2015? I&rsquo;m sorry.<br />A. Yes, ma&rsquo;am.<br />Q. Now, let me talk to you about a case involving an individual by the name of David Minze. Do you recall getting assigned a case involving a David Minze?<br />A. Yes, ma&rsquo;am, I do.<br />Q. And was this case just assigned to you randomly as you indicated earlier?<br />A. Yes, ma&rsquo;am, through the assignment process that our case assignment detective takes part in.<br />Q. Now, when you get a case and you&rsquo;re in the process of trying to conduct your investigation, what&rsquo;s the first step you would have taken once you got the case assigned to you?<br />A. The first thing I initially like to do is to research the involved parties within a report to see if<br />&emsp;<br />there are any past reports, any past allegations of violence between the two or anything like that. And then once I do that, then I try to attempt to make contact with the victim that the reporting officer has listed in the report.<br />Q. Now, in this particular case, do you recall who the victim would have been?<br />A. Yes, ma&rsquo;am. Wendy Young.<br />Q. And do you recall if you ever made contact with Ms. Wendy Young?<br />A. Yes, ma&rsquo;am, I did.<br />Q. And do you recall the time frame of when you would have spoken to Ms. Wendy Young?<br />A. Yes, ma&rsquo;am. It was May 20th, 2015. And I received the call at 12:29 p.m.<br />Q. Okay. Now, the &mdash; you say you received a call. What do you mean?<br />A. Initially when I attempted to contact the victim, it was &mdash; I&rsquo;m sorry &mdash; it was on May 19th of 2015 at 11:39 a.m., was the first time I attempted contact with the victim. I was not able to contact her at that time. I received her voicemail, but I was unable to leave a message due to the mailbox and the voicemail being full. It was the next day on May 20th at &ndash; excuseme &mdash; at 12:29 p.m. that I received a phone call from her<br />mother indicating that she was with the victim and that<br />she would have the victim speak with me.<br />Q. Okay. So you attempted to reach her, didn&rsquo;t<br />make contact with her, and then her mother called you<br />back?<br />A. Yes, ma&rsquo;am.<br />Q. Okay. Now, when you spoke with Ms. Wendy Young,<br />how did she identify herself to you?<br />A. By her &mdash;<br />Q. Did she announce who she was?<br />A. Yes, ma&rsquo;am. She identified herself by her name<br />and her birthday.<br />Q. Okay. And what did she proceed to tell you had occurred?<br />A. She had mentioned to me that she had been assaulted by her boyfriend.<br />Q. Okay. Now, did she ever indicate to you where this assault would have occurred?<br />A. Yes, ma&rsquo;am, she did.<br />Q. And where did she indicate to you that it would have occurred?<br />A. At the Jacksboro Highway and University Drive.<br />Q. Okay. And do those roads actually intersect?<br />A. Yes, ma&rsquo;am, they do.<br />Q. And are you familiar with the Fort Worth area?<br />&emsp;<br />A. Yes, ma&rsquo;am, I am.<br />Q. And are you very familiar with the area?<br />A. Yes, ma&rsquo;am. After &mdash; I worked 11 years, 11-and-a-half years as a patrol officer on the streets of Fort Worth.<br />Q. Okay. MS. WASHINGTON: Judge, may I have one second?<br />THE COURT: Sure.<br />(Pause in proceedings.)<br />MS. WASHINGTON: Your Honor, permission to approach?<br />THE COURT: Certainly.<br />Q. (By Ms. Washington) I&rsquo;m going to show you what&rsquo;s marked as State&rsquo;s Exhibit 9, and on the back, 10. Could you look at these and tell me if they accurately reflect the geographic area that you believe or was informed that the incident occurred?<br />A. Yes, ma&rsquo;am, they both are.<br />Q. And this would just be like a Google area map of the City of Fort Worth?<br />A. Yes.<br />Q. And have you had an opportunity to review this particular board?<br />A. Yes, ma&rsquo;am, I have.<br />&emsp;<br />Q. Okay.<br />MS. WASHINGTON: Your Honor, the State would move to introduce State&rsquo;s Exhibits 9 and 10 for purposes of the record. I&rsquo;m showing to defense counsel. And these are two aerial maps of Fort Worth.<br />MR. DEFENSE COUNSEL: I don&rsquo;t have any objection.<br />THE COURT: All right. To both 9 and 10?<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: All right. 9 and 10 are admitted.<br />Q. (By Ms. Washington) Now, you state that you spoke with &mdash; you state that you spoke with Ms. Wendy Young. When you spoke with Ms. Young, looking at this map &mdash; hope everyone can see &mdash; what is this a map of?<br />A. It&rsquo;s a map of basically all the Tarrant counties in our area &mdash; or I&rsquo;m sorry &mdash; all the counties in our area to include Tarrant and Dallas.<br />Q. Okay. And where did Ms. Young indicate to you the incident occurred; do you recall?<br />A. Yes, ma&rsquo;am, I do. May I stand?<br />Q. Yes.<br />MS. WASHINGTON: Judge, may he stand?<br />THE COURT: Certainly.<br />Q. (By Ms. Washington) Okay. Could you point out to the ladies and gentlemen of the jury where she<br />&emsp;<br />indicated it occurred?<br />A. Yes. I know it&rsquo;s a little hard to see, but &mdash; excuse me &mdash; right here, this in the front of my finger is University Drive. And this darker red line that runs along here is Jacksboro Highway. So you&rsquo;re going to be right there in that intersection (indicating).<br />Q. Where my finger is?<br />A. Yes, ma&rsquo;am, that is correct.<br />Q. Okay. Now, did Ms. Young also indicate to you where the incident ended?<br />A. Yes.<br />Q. And where did she indicate to you that it ended?<br />A. In Hillsboro, Texas.<br />Q. And if you&rsquo;re looking at this map, approximately where would that be at on this particular map?<br />A. Down here. It&rsquo;s where 35, which is this blue line here; this is 35E &mdash; I&rsquo;m sorry &mdash; this is 35W. This right here is 35E. They both come together here in Hillsboro. Right there (indicating).<br />Q. Okay. So it would have been right here (indicating)?<br />A. Yes, ma&rsquo;am.<br />Q. So she indicated to you that it started in Tarrant County, but it ended in Hillsboro?<br />A. Yes, ma&rsquo;am.<br />&emsp;<br />Q. Now, could you explain to the ladies and gentlemen of the jury what specifically she told you had occurred? Because you&rsquo;ll agree that&rsquo;s a pretty good distance.<br />A. Yes, ma&rsquo;am, it is.<br />Q. Okay. Now &mdash; and you can have a seat, if you need to.<br />A. Yes, ma&rsquo;am.<br />Q. Where did she indicate to you &mdash; what did she say actually happened?<br />A. She had told me that she was in the car with her boyfriend, David.<br />Q. Uh-huh.<br />A. And that during that time, they had gotten into an argument and at one point had &mdash; from what she said, had wrecked their vehicle.<br />Q. Uh-huh.<br />A. But because of all of that, I guess an argument had continued between the both of them.<br />Q. Uh-huh.<br />A. And at one point is when she said she remembered being at the intersection of Jacksboro Highway and University where an assault had taken place.<br />Q. Okay. Now, Jacksboro and University, if you&rsquo;re looking at State&rsquo;s Exhibit No. 10 &ndash;<br />&emsp;<br />A. Yes, ma&rsquo;am.<br />Q. &mdash; could you &mdash;<br />MS. WASHINGTON: Judge, if he could step down for one second just to show the jury?<br />THE COURT: Certainly. Can you make that any clearer?<br />BAILIFF: Pointer?<br />THE COURT: Can you make that any clearer?<br />A. The intersection, University Drive, I know it&rsquo;s hard to see on the screen, but that&rsquo;s just right here. And it comes up, which right here where the dark red line is, is the intersection where University and Jacksboro highway come together (indicating).<br />Q. (By Ms. Washington) Okay. And so which one would be Jacksboro Highway?<br />A. Jacksboro Highway would be the darker line.<br />Q. Okay.<br />A. Right here (indicating).<br />Q. And when you turn left, you go on University, correct?<br />A. Yes. If you&rsquo;re &mdash; if you&rsquo;re going this direction (indicating), which would be indicated as northbound, if you made a left turn, that would be University Drive.<br />Q. Okay. And if you make a right turn, what would<br />&emsp;<br />that be?<br />A. That would be east Northside Drive.<br />Q. Okay. Now, a left on University, what is that area like?<br />A. That &mdash; that particular area here is businesses and a park, which is along right here (indicating).<br />Q. Okay. And right &mdash; what is that area like?<br />A. A residential neighborhood-type area there. We have a lot of houses and streets.<br />Q. Okay. Okay. Thank you. You can have a seat.<br />A. (Complies.)<br />Q. Now, when you spoke with Ms. Wendy Young, what else did she tell you when she told you where it occurred? What else did she tell you regarding that?<br />A. As far as that particular time or the entire time frame?<br />Q. Did you &mdash; did you ever pinpoint with her where the first assault actually occurred?<br />A. Yes, ma&rsquo;am, I did.<br />Q. And where did she indicate to you the first assault actually occurred?<br />A. At the intersection of Jacksboro Highway and University Drive.<br />Q. Okay. And would that be in Tarrant County, Texas?<br />&emsp;<br />A. Yes, ma&rsquo;am, it would.<br />Q. And did she tell you what that first assault &mdash; what it actually consisted of?<br />A. Yes. She told me that she had been elbowed.<br />Q. Okay. And did she tell you who had elbowed her?<br />A. Yes. She had said that David had done that.<br />Q. Okay. Now, what else did she tell you occurred after that?<br />A. She had mentioned that she remembered driving down a long roadway and turned. That got to a highway, and then they ended up in Hillsboro, Texas. She wasn&rsquo;t very clear on the exact route that they had taken. But during that time from the initial assault at Jacksboro and University to the time that they had gotten to Hillsboro, Texas, she had indicated that she had been hit several more times during that time frame.<br />Q. Okay. Now, if you&rsquo;re looking at the map at State&rsquo;s Exhibit No. 9, there are multiple ways to get from University and 199 to Hillsboro, correct?<br />A. Yes, ma&rsquo;am, there is.<br />Q. So that&rsquo;s not, I guess, unbelievable, if you will, that that could have occurred?<br />A. Yes.<br />Q. Okay. Now, when you were speaking with her andshe told you that the first assault occurred at University<br />&emsp;<br />and 199, you said that she couldn&rsquo;t remember what route she took exactly?<br />A. Yeah. She had &mdash; she had mentioned that, because of their vehicle accident and the argument and everything that was going on, that they also were in a residential neighborhood.<br />Q. Could she tell &mdash; do you recall if she told you whether or not the initial assault occurred &mdash; whether or not the accident occurred before the initial assault or after the initial assault?<br />A. I believe, from what I recall, it was before the accident occurred, before the assault had taken place.<br />Q. Okay. And what else did she tell you as a result of this?<br />A. As far as?<br />Q. The assault, she said that she was struck multiple times from Fort Worth down to Hillsboro.<br />A. Yes.<br />Q. Did she ever indicate to you that the accident actually caused the injuries?<br />A. No, she did not.<br />Q. Okay. Now, when you spoke &mdash; the incident occurred on May 8th. Do you recall when you would have spoken to Ms. Young?<br />A. Yes. That was on May 20th.<br />&emsp;<br />Q. May 20th. And you said that she &mdash; her mom actually returned the phone call?<br />A. Yes.<br />Q. Now, was that statement actually recorded?<br />A. Yes, ma&rsquo;am, it was.<br />MS. WASHINGTON: Your Honor, permission to approach?<br />THE COURT: Certainly.<br />MR. DEFENSE COUNSEL: Oh.<br />THE COURT: I thought you were approaching the witness, too.<br />MS. WASHINGTON: No. I&rsquo;m sorry.<br />THE COURT: That&rsquo;s okay.<br />(Discussion off the record, at the bench.)<br />THE COURT: Okay. Hang on a second. This needs to be on the record, and so rather than them whisper, I&rsquo;m going to send you back to the jury room so they can speak up.<br />(Jury leaves the courtroom.)<br />THE COURT: You can have a seat.<br />THE WITNESS: Yes, ma&rsquo;am.<br />THE COURT: All right. So you want to offer State&rsquo;s &mdash;<br />MS. WASHINGTON: State&rsquo;s Exhibit No. &ndash; I<br />&emsp;<br />guess this will be No. &mdash; I&rsquo;ll just say 11 and 11-A.<br />THE COURT: 11-A being the envelope &mdash;<br />MS. WASHINGTON: Well &mdash;<br />THE COURT: &mdash; or the disk?<br />MS. WASHINGTON: The actual disk. There&rsquo;s a &mdash; the full statement, and then there&rsquo;s a redacted version that takes out any mention of the parole or anything like that.<br />THE COURT: And this is a recording of Wendy Young&rsquo;s statement?<br />MS. WASHINGTON: Yes, Judge. And it would be as a prior inconsistent statement.<br />MR. DEFENSE COUNSEL: Judge, we spent a couple of hours with Wendy Young where she&rsquo;s acknowledged everything in the statement. And the reason I can tell you that is Ms. Washington went through each statement, each statement she gave to this witness, three or four times. I object to redundancy.<br />MS. WASHINGTON: And &mdash;<br />MR. DEFENSE COUNSEL: She&rsquo;s acknowledged that she said these statements.<br />MS. WASHINGTON: And, Judge, she absolutely did not. If you&rsquo;ll recall the last time I spoke with Ms. Young, I specifically asked her about making statements as to what caused the injuries, whether or not<br />&emsp;<br />it was the defendant that caused the injuries or whether or not it was the steering wheel. And she said that she told the detective that it was both. In the audio recording, she did not.<br />MR. DEFENSE COUNSEL: Okay.<br />MS. WASHINGTON: And under Ruth, it specifically says that if admissions of a prior statement is partial, qualified, or otherwise equivocal or if the witness claims to not remember making a prior statement, which she did, the prior statement is admissible for impeachment purposes. And she said multiple times that she could not remember, pretty much everything that I said. She absolutely &mdash;<br />MR. DEFENSE COUNSEL: Judge, I&rsquo;d like to point out that she &mdash; the place we took a pause was where she said: I told him that, but that&rsquo;s not what happened. Well, that&rsquo;s not denying the statement. She said: I told him that. And that&rsquo;s what happened.That&rsquo;s when we broke. We got her a lawyer. We got her to recall that. And the &mdash; like I said, they&rsquo;ve asked everything in the statement, which she said: Yes, I said that, but that&rsquo;s not what happened. Well, that&rsquo;s &mdash; that&rsquo;s not the same as<br />&emsp;<br />denying the existence of the statement.<br />MS. WASHINGTON: No, she didn&rsquo;t. That&rsquo;s not what happened.<br />MR. DEFENSE COUNSEL: Well, I &mdash; you know, just saying that it didn&rsquo;t happen &mdash; the Court can recall that because I had to object for each item because Ms. Washington asked four times for each &mdash; every item.<br />THE COURT: Okay. So what specifically, State, are you saying that she denied that she said in the statement?<br />MS. WASHINGTON: Your Honor, specifically about where it happened, because she kept saying, when I was asking questions about it being at University and 199, she couldn&rsquo;t recall, she couldn&rsquo;t recall because she didn&rsquo;t remember. But if you listen to the recording, she specifically says University and 199.<br />THE COURT: Okay. Hang on.<br />MS. WASHINGTON: So that&rsquo;s one portion.<br />THE COURT: Okay.<br />MS. WASHINGTON: And then the other portion is where she talks about what caused the injuries. She still maintained that she said it was the accident, the steering wheel. And if you listen to the call, that&rsquo;s not what happened.</p> <p>&emsp;<br />acknowledged these things after we took our break and she alked to Mr. Loftin, right, Abe?<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: Okay.<br />MR. DEFENSE COUNSEL: Let me look at some notes here.<br />THE COURT: Why don&rsquo;t we do this: Terry, why don&rsquo;t you see if you can find anything in her testimony after we took a break and she spoke to Trent, and I would think this would be on Ms. Washington&rsquo;s direct, while I listen to the recording, okay?<br />(Pause in proceedings.)<br />THE COURT: All right. Back on the record. Okay. So tell me again, State&rsquo;s Exhibit 11 is a disk that has not been redacted?<br />MS. WASHINGTON: It &mdash; it &ndash;<br />(Discussion off the record.)<br />THE COURT: Okay. So State&rsquo;s Exhibit No. 11 &mdash; 11 is a disk that has been redacted or has not?<br />MS. WASHINGTON: Has not.<br />THE COURT: So that is only being offered for purposes of the record?<br />MS. WASHINGTON: Correct.<br />THE COURT: 12 has been redacted?<br />MS. WASHINGTON: Yes, Your Honor.<br />&emsp;<br />THE COURT: And you&rsquo;re offering that foreverything, for all purposes?<br />MS. WASHINGTON: Yes. And just for the record, the redactions came strictly from &mdash; even if it was remotely close related to parole or officer or anything of that nature, I just automatically took it off.<br />THE COURT: Okay. All right. I think the question of where it occurred, I think she did answer. As to the question of what caused the injury, I don&rsquo;t think she ever specifically answered. So, Mr. Defense counsel, do you have anything else you wish to put on the record at this point?<br />MR. DEFENSE COUNSEL: No.<br />THE COURT: All right. So State&rsquo;s 12 will be admitted.<br />Are both sides ready for the jury? Do you have it ready to play?<br />MS. WASHINGTON: Let me put it in. And, Judge, can it be played in its entirety or &mdash;<br />THE COURT: I don&rsquo;t think you need all of it. I mean, when it starts talking about the last five &mdash; two or three minutes of &mdash; he&rsquo;s going to try &mdash; I would cut it off right before he says he&rsquo;s going to try and call David.<br />&emsp;<br />MS. WASHINGTON: He&rsquo;s going to try to callwho?<br />THE COURT: When he says he&rsquo;s going to try and get in touch with David, I&rsquo;d cut it off &mdash;<br />MS. WASHINGTON: Okay.<br />THE COURT: &mdash; right before that.<br />MS. WASHINGTON: Okay.<br />THE COURT: Okay. So once again, State&rsquo;s Exhibit No. 11 is admitted for purposes of the record; State&rsquo;s 12 is admitted for all purposes. But if you would &mdash; if the jury wants to hear it again during deliberations, I&rsquo;m going to bring them out here so y&rsquo;all can cut it off at the right spot.<br />(Discussion off the record.)<br />THE COURT: All right. Bring them in.<br />BAILIFF: Yes, ma&rsquo;am.<br />(Jury enters the courtroom.)<br />THE COURT: Do you need to go back to my office to determine?<br />MS. WASHINGTON: No. I know.<br />THE COURT: Okay.<br />MS. WASHINGTON: I just &mdash; may we approach one second?<br />THE COURT: Uh-huh.<br />(Discussion off-the-record, at the bench.)<br />&emsp;<br />MS. WASHINGTON: May I proceed, Your Honor?<br />THE COURT: You may.<br />Y&rsquo;all be seated.<br />Q. (By Ms. Washington) Detective Brashear, prior to coming into court, did you have an opportunity to review the recorded statement or hear the recorded statement that you took from Ms. Wendy Young?<br />A. Yes, ma&rsquo;am, I did.<br />Q. And does it appear to accurately reflect the conversation that you had with her on May 20th, 2015?<br />A. Yes, it does.<br />MS. WASHINGTON: Your Honor, the State would move to introduce State&rsquo;s Exhibit No. 12 and publish to the jury.<br />THE COURT: All right.<br />MR. DEFENSE COUNSEL: Same objection as before, Your Honor.<br />THE COURT: All right. Same &mdash; same ruling as before. She is going to play this on her computer, and it&rsquo;s not very loud, so I would ask all of you to move to that end of the jury box so you can hear it.<br />MR. DEFENSE COUNSEL: Your Honor, I&rsquo;d also ask for a limiting instruction that this is being offered for a<br />limited purpose and not for the truth of the matter asserted.<br />&emsp;<br />MS. WASHINGTON: With that purpose &mdash; yes,Your Honor, for the prior inconsistent statement of the witness, Ms. Wendy Young.<br />THE COURT: All right. And if y&rsquo;all need to move, move.<br />(State&rsquo;s Exhibit 12 published.)<br />MS. WASHINGTON: Your Honor, may I proceed?<br />THE COURT: Uh-huh.<br />Q. (By Ms. Washington) Now, Detective Brashear, that conversation happened with Ms. Young on the 20th, several days after the actual incident occurred?<br />A. Yes, ma&rsquo;am.<br />Q. Okay.<br />THE WITNESS: Excuse me, Your Honor. Would they be able to move back down so I can see them all as I&rsquo;m speaking?<br />THE COURT: They can sit wherever they want to.<br />THE WITNESS: Okay. Yes, ma&rsquo;am.<br />Q. (By Ms. Washington) Now, we &mdash; did you ever finally pinpoint that in your investigation of where theactual first assault occurred?<br />A. Yes.<br />Q. And where was that?<br />A. University Drive and Jacksboro Highway.<br />&emsp;<br />Q. Okay. And if I am correct, when you&rsquo;relistening to the audio recording, she said that that was just the first assault where she was elbowed in the face, correct?<br />A. Yes.<br />Q. Now, in your experience of working with domestic violence cases, have you ever come across victims who just do not want to proceed or go forward with the case?<br />A. Yes. That&rsquo;s actually a very common thing that does happen.<br />Q. And do you have any experience as to &ndash; or training, for that matter, as to why that occurs?<br />A. Yes.<br />MR. DEFENSE COUNSEL: Objection.<br />THE COURT: Sustained.<br />Q. (By Ms. Washington) How many &mdash; about how many trainings have you had regarding domestic violence cases? How many trainings have you had?<br />A. I guess &mdash; as far as like being taught or teaching?<br />Q. Taught.<br />A. Taught. The first one I had was in the academy, the 40-hour training block that they give us during our training academy.<br />&emsp;<br />And then I attended a second domestic violencetraining in February of this year, and that training consisted of &mdash; specifically related to strangulation assaults as they occur in family violence.<br />Q. Now, have you had to go through or get any type of &mdash; I don&rsquo;t know &mdash; maybe certifications or what-have-you regarding domestic violence training?<br />A. As far as being an instructor?<br />Q. Yes.<br />A. Okay. Yes. I attended a 40-hour course for theTexas Commission on Law Enforcement to become aninstructor to teach law enforcement materials to peace officers through the state.<br />Q. And when you became an instructor, are you limited to teaching just Fort Worth, or can you teachoutside of Fort Worth?<br />A. I can teach outside of Fort Worth and in Fort Worth.<br />Q. And about how many individuals or officers have you instructed or taught regarding domestic violence?<br />A. I would say around 100.<br />Q. Okay. And with respect to your training and what you have been taught, have you had to go through trainings that deal with, I guess, when a victim recants or not?<br />&emsp;<br />A. Yes.<br />Q. And what training have &mdash; let me ask you this: Does your investigation &mdash; do you kind of tailor or alter your investigation as to whether or not you have an injured party that actually cooperates or not cooperates?<br />A. No. I don&rsquo;t tailor it just based on their cooperation alone. There&rsquo;s other defense counsels that come into that.<br />Q. Okay. So your investigation would continue the same?<br />A. Yes, it would.<br />Q. And is there a way that you would teach or approach a situation where a victim actually recants ornot?<br />A. No.<br />Q. Is there a difference in how you would approach<br />it?<br />A. No. There&rsquo;s no difference in how I would approach that.<br />Q. Okay. Have you ever, in your experience, had &mdash; dealt with a case where a victim, specifically with you, actually recants?<br />MR. DEFENSE COUNSEL: Objection, relevance, Your Honor.<br />MS. WASHINGTON: Judge, it goes towards his<br />&emsp;<br />training and qualifications dealing with domesticviolence.<br />MR. DEFENSE COUNSEL: Objection. It doesn&rsquo;t help the jury, assist the jury in determining any fact in the case at this point. He&rsquo;s already talked about the fact that he&rsquo;s trained.<br />MS. WASHINGTON: And, Judge, I&rsquo;m trying to lay the predicate so I can get him to testify or qualify him to give &mdash;<br />THE COURT: (Indicating.)<br />(Discussion off the record, at the bench.)<br />THE COURT: Sustained.<br />Q. (By Ms. Washington) Okay. Did you subsequently &mdash; and without going into what she said, did you subsequently speak with Cathleen Young?<br />A. Yes, I did.<br />Q. And do you recall about how quickly you spoke with Cathleen Young?<br />A. I attempted to contact her initially on May 19th, which I had left a voicemail because I wasn&rsquo;t able to speak with her. And then she returned my phone call on May 19th as well. The first phone call was 11:41 a.m., and she turned my phone call at 12:08 p.m. the same day.<br />Q. Would Wendy Young and the defendant, David<br />&emsp;<br />Minze, David Shawn Minze, would they &mdash; what type ofrelationship would they have as defined, as you would recall, under the Texas Penal Code? Would they have been considered to have a dating relationship?<br />A. Yes.<br />Q. Okay. And what makes them having an actual dating relationship?<br />A. It&rsquo;s a relationship between two individuals of a romantic or intimate nature. And those defense counsels are also considered on the length, the type of interaction between the two and the frequency of their interaction.<br />Q. And how did &mdash; or did Wendy Young tell you how they were romantically involved?<br />A. During the statement, she said she was expecting to have a child with him.<br />Q. Okay. And so that would qualify under dating relationship as well?<br />A. Yes.<br />Q. When Ms. Wendy Young indicated on the audio recording &mdash; she said the first assault was the elbow, but she said, after that, it was multiple times, did she indicate whether or not the defendant was striking her were his hand or not?<br />A. No, never did.<br />Q. But she said it was more than one assault?<br />&emsp;<br />A. Yes.<br />MS. WASHINGTON: Your Honor, the Statepasses the witness.<br />THE COURT: Any cross? CROSS-EXAMINATION<br />BY MR. DEFENSE COUNSEL:<br />Q. Detective, are you aware of the statement she made on April 9th of 2015, which is before you interviewed?<br />A. April 9th?<br />Q. Excuse me. May 9th.<br />A. Yes, sir.<br />Q. Okay. Do you have that in your possession?<br />A. Yes, sir, I do.<br />Q. Okay. Let&rsquo;s talk about this exhibit.<br />THE COURT: Abe, I think we have a pointer.<br />Q. (By Mr Defense counsel) All right. The intersection of &mdash;<br />MR. DEFENSE COUNSEL: Do we?<br />THE COURT: Yeah. I think it&rsquo;s the gray one right there.<br />THE WITNESS: Yes, ma&rsquo;am. With the yellow button on the top there.<br />Q. (By Mr. Defense counsel)The intersection of University and 199, is that what we&rsquo;re talking about?<br />&emsp;<br />A. Yes, sir. Where your red laser pointer is, isthe intersection, yes, sir.<br />Q. Okay. Now, University is this line, and this more solid red line is Jacksboro Highway?<br />A. Yes, sir.<br />Q. Okay. So let me see if I&rsquo;ve got it right. On one part of that intersection, there&rsquo;s a car dealership?<br />A. A car dealership. I&rsquo;m not &mdash; let me see. Give me just a second, sir. Yes, sir. I believe that dealership is on the southeast corner.<br />Q. Okay. And the other side, across the street from that car dealership, there is a fair-sized Shell station?<br />A. Yes, sir. That is going to be on the southwest corner.<br />Q. Okay. And at the other corner, there is sort ofanother car dealership, but it&rsquo;s a smaller dealership?<br />A. I do not recall on &mdash; if &mdash; just to be specific, which side of the intersection are we discussing?<br />Q. This would be the northeast corner.<br />A. The northeast corner, I do not recall that partof the intersection, sir.<br />Q. Okay. And the other corner is also some other industrial-type structure?<br />&emsp;<br />A. Yes, I believe so.<br />Q. Okay. So &mdash; and this is Rockwood Park, right?<br />A. Yes, sir.<br />Q. And this area here is taken up by Rockwood Park and the car dealership; is that right?<br />A. As far over as you&rsquo;re going with the laser pointer, no, sir, there is neighbor &mdash; residential neighborhoods in that area.<br />Q. There&rsquo;s no residential neighborhoods in that area. There is no residential neighborhood in that area. The &mdash; from here &mdash; excuse me. From here down (indicating), this is Rockwood Park. And the area between Rockwood Park and Jacksboro Highway is taken up by the car dealership?<br />A. Oh, yes, sir. I&rsquo;m sorry. Because you were initially pointing on the other side of the intersection.<br />Q. All right. And over here, there&rsquo;s the Shell station, and the part around here is an area that&rsquo;s used for flea markets (indicating)?<br />A. That would be on the other side of Jacksboro Highway. That particular area there, there&rsquo;s industrial businesses in there because I&rsquo;ve personally worked part times in there.<br />Q. All right. Industrial business here (indicating)?<br />&emsp;<br />A. There&rsquo;s residential areas. In that area you&rsquo;repointing to here, there&rsquo;s going to be industrial businesses there.<br />Q. Right.<br />A. Yes, sir.<br />Q. Okay. Well, the reason I&rsquo;m saying that is, atthis point, at this intersection, there are no residences. At that intersection, there&rsquo;s no residences. And I think probably everybody in the courtroom knows that. So when she said this occurred at a residential &mdash; in a residential neighborhood, no one in the world would call the intersection of University and Jacksboro Highway a residential neighborhood?<br />A. No, sir, not specifically calling it an exact residential, no, sir.<br />Q. Okay. And, in fact, if one continues on University, it becomes Northside Drive?<br />A. Yes, sir, going eastbound.<br />Q. Going eastbound. And Northside Drive, pretty commercial, isn&rsquo;t it?<br />A. No, sir. There&rsquo;s residences on both sides of that street and into the neighborhoods itself.<br />Q. Okay. Well, let me get out the Google maps, and we&rsquo;ll talk about &mdash; about the fact that there are some residences. But it&rsquo;s a four-lane-wide highway, and there<br />&emsp;<br />are &mdash;<br />A. Yes, sir, that is correct. And there are gas stations and other small businesses up and down that street.<br />Q. All right. Okay. So, now, is it &mdash; is it part of the protocol when &mdash;<br />THE COURT: Mr. Defense counsel, are you done with that so we can turn the lights back on?<br />MR. DEFENSE COUNSEL: Yeah. Sure.<br />THE COURT: Okay.<br />Q. (By Mr. Defense counsel) Is it part of the protocol when you&rsquo;re talking to somebody and doing an interview &ndash; I mean, normally, you get a written statement from them, don&rsquo;t you?<br />A. Not if we already have a written statement, no, sir.<br />Q. Okay. And you were going with the writtenstatement that was acquired in Lake Worth?<br />A. Yes, sir, by the Fort Worth Police Department.<br />Q. Okay. And you&rsquo;re familiar with that statement, aren&rsquo;t you?<br />A. Yes, sir.<br />Q. Okay. And in that statement, Ms. Young says &mdash;<br />MS. WASHINGTON: Objection, Your Honor, to Counsel reading from something that&rsquo;s not in evidence.<br />&emsp;<br />MR. DEFENSE COUNSEL: That&rsquo;s fine.<br />Q. (By Mr. Defense counsel) I&rsquo;ll ask you if you&rsquo;re familiar. At that point, didn&rsquo;t &mdash; didn&rsquo;t, at some point, she say that she had walked 15 miles?<br />A. During our phone call interview, no, sir.<br />Q. No, not in your phone call interview. In the statement that you had when you interviewed her that she had given on May 9th at Lake Worth City Hall, didn&rsquo;t shesay she had walked 15 miles?<br />A. Read me the statement. No, sir. It says &ndash;give me a second. I&rsquo;m sorry.<br />MS. WASHINGTON: Your Honor, I would justobject to the witness reading from something that&rsquo;s notinto evidence. If he&rsquo;s refreshing his recollection &mdash;<br />THE COURT: Refresh your memory, and then answer the question.<br />Q. (By Mr. Defense counsel) You want to see it? I&rsquo;ve got a copy.<br />A. No, sir. I&rsquo;m good. I &mdash; I was able to pick it up as she stood up.<br />Yes, it does mention that she walked 15 miles.<br />Q. Okay. Now, we&rsquo;re not calling you as an experton this issue, but walking 15 miles takes awhile.<br />A. It can, yes, sir.<br />Q. Okay. Would you say, even for a fast person, it<br />&emsp;<br />would take three hours?<br />MS. WASHINGTON: Objection. Calls for speculation.<br />MR. DEFENSE COUNSEL: Well, that&rsquo;s fine.<br />THE COURT: I&rsquo;ll let him answer if he knows.<br />Q. (By Mr. Defense counsel) Do you know? Have you ever walked?<br />A. Yes, sir, I have.<br />Q. I bet you walk faster probably than Wendy Young,but when you do walk, you probably don&rsquo;t walk faster than 5 miles an hour.<br />A. Yes, sir. The average person walks about 3 miles per hour.<br />Q. Right. Okay. Okay. So walking 15 miles, you would agree, forthe average person, would take at least three hours butmight take five or six?<br />A. It&rsquo;s possible. Because I&rsquo;ve never walked that distance myself, sir.<br />Q. Okay. Now &mdash; but &mdash; and you didn&rsquo;t ask her about that, because I guess it wasn&rsquo;t necessary for the purpose of your call to say: Hey, you said you walked15 &mdash; 15 miles, and that doesn&rsquo;t &mdash; that doesn&rsquo;t soundright, you know, doesn&rsquo;t sound right time-wise.<br />&emsp;<br />Time/space-wise, it doesn&rsquo;t sound right.But that&rsquo;s all right. You&rsquo;re certainly aware of that. You&rsquo;re aware of the statement when you got her statement; is that right?<br />A. I&rsquo;m sorry, sir. I don&rsquo;t &mdash; I don&rsquo;t quite understand what you&rsquo;re trying to say.<br />Q. You had this statement in your possession when you interviewed her on the phone?<br />A. Yes, sir, I did.<br />Q. Okay. All right.<br />THE COURT: Mr. Trammel?<br />(Discussion off-the-record, at the bench.)<br />Q. (By Mr. Defense counsel) Okay. And &mdash; okay. And is itpart of your protocol to ask the injured party: By theway, were you taking medications or otherwise taking anything on the date in question?<br />A. No, sir.<br />Q. Okay. But you do understand how that might berelevant.<br />A. Yes.<br />Q. Did you make plans for a follow-up interview with her?<br />A. No, sir.<br />Q. Okay. Did you ever go to this intersection to see if you could find any physical evidence of the<br />&emsp;<br />whatever &mdash; whatever she described to you about the cargoing off the road at University and &mdash; University and 199? Did you ever go to that intersection, see if youcould find anything at all?<br />A. No, sir, because she was not able to pinpointwhere this accident may have occurred.<br />Q. Okay. Okay. And did you ever ask to see the vehicle in question?<br />A. No, sir, I did not.<br />Q. Do you even know what kind of vehicle it was?<br />A. It was described as a Mercury, as an olderperson&rsquo;s car.<br />Q. Now, it is certainly true that in some domesticassault cases, sometimes forensic evidence can be obtained through the &mdash; by going to look at the scene of the crime?<br />A. Sometimes, yes, sir.<br />Q. Okay. Whatever &mdash; blood, fabric, stains, whatever, things like that; is that correct?<br />A. Yes, sir.<br />Q. Okay. And in this case &mdash; let me see if I&rsquo;vegot it right &mdash; you didn&rsquo;t ask for a follow-up interviewwith her? I mean, don&rsquo;t you often say: Just so we can get everything straight, come down, and we&rsquo;ll put it down on paper, and you can read over the statement before you make<br />&emsp;<br />it?<br />A. No, sir, because the officers who had interviewed her initially already obtained a written statement. So there was no need for me to call her back in to obtain another written statement, being that she had already given one to the officer when the report was taken.<br />Q. Again, are you talking about this one that wasgiven in Lake Worth?<br />A. Yes, sir. Because it was the Fort Worth Police Department that responded to the Lake Worth Police Department to take this report.<br />Q. Okay. And she told you that she worked for aplastic surgeon; is that correct?<br />A. A plastic surgeon who told me this.<br />Q. Isn&rsquo;t that part of the interview? Didn&rsquo;t she say &mdash; you asked about, if there was any necessary follow-up. She said no. And then she said: I work for aplastic surgeon.<br />A. No, sir, I do not recall that.<br />Q. Don&rsquo;t recall that?<br />A. No, sir. I &mdash; only thing I recall is asking her if she followed up with a specialist, because I know sometimes with broken bones &mdash; like I&rsquo;ve personally beento doctors because of broken bones, and they &ndash; can<br />&emsp;<br />sometimes recommend a specialist depending on the severity of the injury.<br />Q. And you don&rsquo;t recall her saying: I work for a plastic surgeon?<br />A. No, sir.<br />Q. Even though we heard it ten &mdash; less than tenminutes ago?<br />A. (Shakes head.)<br />Q. Okay. That&rsquo;s fine. That&rsquo;s fine. You don&rsquo;t remember it. Okay. And &mdash; and you never obtained a written statement from the &mdash; from her mother; is that right?<br />A. That is correct. It&rsquo;s because I had an audio statement.<br />Q. And fair to say &mdash; were you told that the people changed position in the car?<br />A. Yes, sir.<br />Q. Okay. And were &mdash; did you know when you weretalking to her that the car was her car, not Mr. Minze&rsquo;scar?<br />A. No, sir, I did not.<br />Q. Okay.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness.<br />THE COURT: Any redirect?<br />MS. WASHINGTON: Yes, Your Honor.<br />&emsp;<br />May I proceed?<br />THE COURT: Uh-huh.<br />REDIRECT EXAMINATION<br />BY MS. WASHINGTON:<br />Q. Defense counsel was asking you a few questions a few moments ago about a statement that Wendy Young gave you the day that the incident occurred.<br />Do you recall that?<br />A. Yes. The written statement?<br />Q. Uh-huh, the written statement.<br />A. Okay.<br />Q. And where she made reference to having walked 15 miles?<br />A. Yes, ma&rsquo;am.<br />Q. And didn&rsquo;t she also say in that statement that the defendant hit her over and over again?<br />A. Yes.<br />Q. And didn&rsquo;t she also say the defendant elbowed her in the face?<br />A. Yes.<br />Q. And those facts were consistent with what she told you on the 20th several weeks later, correct?<br />A. That is correct.<br />Q. Now, defense counsel just asked you about a statement from Wendy Young &mdash; I&rsquo;m sorry &mdash; Cathleen Young.<br />&emsp;<br />Was that recorded?<br />A. Yes, ma&rsquo;am, it was.<br />Q. Have you had an opportunity to review it before entering the court?<br />A. Yes, ma&rsquo;am, I have.<br />MS. WASHINGTON: Your Honor, permission toapproach?<br />THE COURT: Sure.<br />MS. WASHINGTON: Judge, permission to approach?<br />(Discussion off the record, at the bench.)<br />MS. WASHINGTON: Your Honor, the Statepasses the witness.<br />THE COURT: Any recross?<br />MR. DEFENSE COUNSEL: Yes.<br />RECROSS-EXAMINATION<br />BY MR. DEFENSE COUNSEL:<br />Q. On the statement that you took from Wendy Young, when you asked her, didn&rsquo;t she say somewhere between University and Hillsboro?<br />A. When I asked her what?<br />Q. When you asked her where this occurred, her first response was: Somewhere between University Driveand Hillsboro?<br />A. Yes, sir.<br />&emsp;<br />Q. Okay. Then you said: Was it Jacksboro Highway?<br />And she said: No.<br />A. No, sir, I don&rsquo;t recall that. I asked her if Jacksboro Highway sounded familiar, and she said yes.<br />Q. Okay. Okay. You asked her if she said Jacksboro Highway, if it was on &mdash; if she was on JacksboroHighway, and she said no?<br />A. No, sir.<br />Q. If you don&rsquo;t recall, it&rsquo;s fine, because thetape&rsquo;s in evidence.<br />A. No, sir, she never said that.<br />Q. All right. But you do recall her saying between University and Hillsboro?<br />A. Yes, sir.<br />MR. DEFENSE COUNSEL: I&rsquo;ll pass the witness. THE COURT: Any further direct?<br />MS. WASHINGTON: No further direct, YourHonor.<br />THE COURT: May he be finally excused?<br />MS. WASHINGTON: Yes, Your Honor.<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />THE COURT: All right. Thank you very much.<br />THE WITNESS: And thank you for your time, ma&rsquo;am.<br />&emsp;<br />(Witness leaves the courtroom.)<br />THE COURT: All right. Call your next witness.<br />MS. WASHINGTON: Your Honor, at this time, the State &mdash; the State has no further witnesses.<br />THE COURT: State rest?<br />MS. WASHINGTON: Yes, Your Honor. The State rests.<br />THE COURT: All right. It is customary atthis point in time to take a break to allow the Defense to gather their thoughts, all right? So if you&rsquo;ll go back to the jury room, I&rsquo;ll certainly give you time to go downstairs to get a Coke. If you want something, just tell the bailiffs.<br />(Jury leaves the courtroom.)<br />(Discussion off the record.)<br />(Recess.)<br />THE COURT: All right. Both sides ready for the jury?<br />MS. WASHINGTON: Yes, Your Honor.<br />THE COURT: All right. Bring them in.<br />(Jury enters the courtroom.)<br />THE COURT: All right. You may be seated.All right.Ms. Knapp, you may have to take him out in the hall, okay?<br />&emsp;<br />MS. KNAPP: Yes, Judge.<br />THE COURT: All right. The State hasrested, and the Defense has recalled Ms. Wendy Young. You may proceed. WENDY YOUNG, having been duly sworn, testified as follows:<br />DIRECT EXAMINATION<br />BY MR. DEFENSE COUNSEL:<br />Q. Okay. Wendy, you recall that you gave a statement on May 9th in Lake Worth?<br />A. Yes, sir.<br />Q. Okay. You looked at the statement, haven&rsquo;t you?<br />A. I have.<br />Q. Okay. And &mdash; I&rsquo;m sorry. You&rsquo;ll have to direct your remarks to the jury.<br />A. Oh, okay.<br />Q. We &mdash; we know &mdash; we know now that one of the statements you made in there wasn&rsquo;t &mdash; wasn&rsquo;t physically possible. You could not have possibly walked 15 miles.<br />MS. WASHINGTON: Objection, leading.<br />MR. DEFENSE COUNSEL: It&rsquo;s cross.<br />MS. WASHINGTON: No, it&rsquo;s not cross. It&rsquo;s direct.<br />THE COURT: You can lead the witness.<br />Q. (By Mr. Defense counsel) Okay. We know it&rsquo;s not possible<br />&emsp;<br />for you to walk 15 miles, although you stated that you walked 15 miles.<br />A. Correct.<br />Q. Okay. And &mdash; and, now, we have some indication that you gave an oral statement to Detective Brashear sometime around May 20th; is that correct?<br />A. That is correct.<br />Q. And &mdash; but sometime around June 17th &mdash; by the way, your statement in Lake Worth was not under oath; is that correct?<br />A. Correct.<br />Q. Your statement to Officer Brashear was not under oath; that is correct?<br />A. Correct.<br />Q. Your statement, though, on June 17th was under oath because you swore to it in front of a notary.<br />A. Yes.<br />Q. And that was, I guess, the first time anybody had said: Hey, do you swear this is true?<br />A. (Nods head.)<br />Q. And &mdash; and in June 17th when you swore that it was true, you said: My statement wasn&rsquo;t accurate. I &mdash; when I made it, I had been drinking alcohol, and I didn&rsquo;t mention it to anybody.<br />A. Correct.<br />&emsp;<br />Q. And you asked the District Attorney to dismissthe case based on your sworn statement; is that correct?<br />A. Yes, sir.<br />Q. Okay. Then &mdash; and then at some point on the 6thof July, you gave another sworn statement asking that thecase be dismissed.<br />A. Yes, sir.<br />Q. Okay. Did anybody ever ask you to see the car in this case?<br />A. No, they did not.<br />Q. Okay. No one tried to take pictures or anything like that?<br />A. No, sir.<br />Q. Nobody asked you to &mdash; hey, come out and show us exactly where things like &mdash; things happened, right?<br />A. Right.<br />Q. All right. And did you tell the police officer at some point that you worked for a plastic surgeon?<br />A. I don&rsquo;t think I did.<br />Q. Okay. Do you &mdash; did you work for a plastic surgeon?<br />A. Uh-huh.<br />Q. You did?<br />A. Yes.<br />Q. Okay. So if you said that part, it would have<br />&emsp;<br />been true?<br />A. Yes. But I don&rsquo;t know if I told him that, though. I don&rsquo;t recall that.<br />Q. Okay. And so once and for all, under oath, infront of the jury, tell the jury &mdash; tell the jury, did you get &mdash; tell the jury how you got your injuries. Use your own words.<br />A. I got injuries by my steering wheel being reckless and careless and under the influence of alcohol and other things. And that is the truth.<br />Q. Okay. And let me ask you &mdash; I want to retracesome steps here. After your mom came and picked you up in Hillsboro, you stated earlier that she had taken you &mdash; took you back to Garland &mdash;<br />A. Uh-huh, to my sister&rsquo;s.<br />Q. &mdash; is that correct?<br />A. Correct.<br />Q. And did you pick up your children when you went to Garland?<br />A. Yes, we did.<br />Q. Okay. When you picked up your children &ndash; does your sister also have a child?<br />A. She does.<br />Q. Okay. And you went and picked up your child &mdash; your children but did not pick up your sister&rsquo;s child?<br />&emsp;<br />A. I don&rsquo;t think we took Haley with us.<br />Q. Okay. So after you went to Garland, after you picked up your children, you went to the hospital in Waxahachie?<br />A. We ran some errands with my mom and then went to &mdash;<br />Q. You ran some errands. Tell me where you went running the errands, if you remember.<br />A. We went to eat, and then I woke up &mdash;<br />Q. Do you remember where you went to eat?<br />A. No.<br />Q. Okay.<br />A. I just know we ate. I think it was Dairy Queen.<br />Q. Okay.<br />A. And then my mom went to her office. I woke up like halfway in the car. I kind of passed out and woke up, and we were there. And then she drove me to Baylor and said she had to go &mdash; she had some more things she had to take care of.<br />Q. Okay. And so she had your children in the car?<br />A. Yes.<br />MR. DEFENSE COUNSEL: Pass the witness.<br />MS. WASHINGTON: May I proceed?<br />THE COURT: Yes.<br />&emsp;<br />CROSS-EXAMINATION<br />BY MS. WASHINGTON:<br />Q. Okay. You stated earlier that you love the defendant. Why tell the police that story in the first place if it didn&rsquo;t happen?<br />A. It didn&rsquo;t happen. They asked me to write on paper what happened, and I told them I didn&rsquo;t want to make a report.<br />Q. Okay. So you told the police &mdash;<br />A. That I did not want to make a report.<br />Q. Okay. But you told the police what you said did not happen.<br />A. Yes.<br />Q. Okay. So you told the police that you werelying to them?<br />A. No, I didn&rsquo;t say that.<br />Q. Okay. So you never said that?<br />A. Huh-uh.<br />Q. Okay. And you don&rsquo;t want the defendant to getin trouble, do you?<br />A. For nothing he did, no.<br />Q. Okay. So you&rsquo;re saying that you made up the entire version of events?<br />A. I don&rsquo;t recall writing down exactly what I put until I read the statement when I was sober. Then when I<br />&emsp;<br />read the statement, I&rsquo;m like: Oh, my God. That&rsquo;s notaccurate. It didn&rsquo;t happen that way. I don&rsquo;t even remember how I got to Hillsboro. I just know &mdash;<br />Q. But you&rsquo;ll recall that on May 8th, when you gave your voluntary statement, you told &mdash; you told in your own voluntary statement that he hit me over and over again, and he elbowed me. You recall saying that, right?<br />A. No. I don&rsquo;t &mdash; I didn&rsquo;t recall saying that until I read it after I was sober. And that&rsquo;s why I gave the affidavit of non-prosecution, because it wasn&rsquo;t accurate. And that&rsquo;s when I corrected myself.<br />Q. Okay. And when did you give the first affidavit of non-prosecution?<br />A. It was May 28th.<br />Q. May 28th?<br />A. Yes. That&rsquo;s when I went to Safe Haven, and I took classes there.<br />Q. So it took you 20 days to sober up?<br />A. No. I didn&rsquo;t know how to correct my mistake.<br />Q. Okay.<br />A. And I didn&rsquo;t read it immediately after. I didn&rsquo;t even know it was there.<br />Q. Okay. But you knew you had spoken with Detective Brashear?<br />&emsp;<br />A. I knew I had spoken with him because I washanded the phone. I didn&rsquo;t know why I was speaking with him.<br />Q. Even though on the recorded statement, it says why you were speaking with him?<br />A. I did not know at that time why I was speaking with him.<br />Q. So when your mother handed you the phone andsaid: The detective wants to speak with you about the assault with Shawn &mdash;<br />A. I didn&rsquo;t.<br />Q. &mdash; you didn&rsquo;t know what he was talking about?<br />A. No.<br />Q. Okay.<br />MS. WASHINGTON: Your Honor, the Statepasses the witness.<br />THE COURT: All right. Mr. Loftin, any more questions &mdash; not Mr. Loftin. Sorry. Mr. Defense counsel?<br />MR. DEFENSE COUNSEL: It&rsquo;s okay.<br />REDIRECT EXAMINATION<br />BY MR. DEFENSE COUNSEL:<br />Q. You have signed multiple statements saying thatyou know you can request prosecution if you want.<br />A. Yes, sir.<br />Q. Yes?<br />&emsp;<br />A. Yes, sir.<br />Q. You also signed statements saying that if you had obtained any crime victim&rsquo;s compensation that you &mdash; but you haven&rsquo;t obtained any crime victim&rsquo;s compensation &mdash;<br />A. No, sir.<br />Q. &mdash; is that correct?<br />A. That&rsquo;s correct.<br />Q. You have not applied for it?<br />A. I have not applied for it.<br />Q. Okay. And how many times have you told the District Attorney &mdash; different members of the District Attorney&rsquo;s office, said: This is not right; I need to tell you what really happened?<br />A. I &ndash;MS. WASHINGTON: I object. Asked and answered multiple times.<br />THE COURT: Overruled.<br />A. I tried to contact someone. I came down here to an office to speak with them to try to correct it. And then I called up here again to see where I needed to go. Then I wrote a letter to the prosecutor, the first one, and then probably three other letters because they kept switching prosecutors, apparently, and let them know that way, and now I&rsquo;m here to be heard.<br />&emsp;<br />MR. DEFENSE COUNSEL: Pass the witness.<br />MS. WASHINGTON: Judge, may we approach?<br />THE COURT: Certainly.<br />(Discussion off the record, at the bench.)<br />THE COURT: All right. Guys, go to the back for a minute.<br />(Jury leaves the courtroom.)<br />THE COURT: All right.<br />MS. WASHINGTON: Judge, I&rsquo;ve tried my best to kind of refrain from going into the possibleconsequences of the defendant if he&rsquo;s convicted of this particular offense, i.e., his parole being revoked, but I think, based on the Defense&rsquo;s persistent questions of, you know, I&rsquo;m telling the truth now, it&rsquo;s a sworn affidavit and so forth, I think the State should be allowed to at some point, at the very least, say that there are some type consequences that the defendant would face if he&rsquo;s convicted without saying specifically that his parole will be revoked. Because at this moment, it&rsquo;s almost likewhat&rsquo;s her motive to lie when she clearly has one, and that&rsquo;s the defendant&rsquo;s parole being revoked and him going to the penitentiary. And I believe, based on the defendant&rsquo;s questions, that I should be allowed to, at the very least,<br />&emsp;<br />say that, you know, there&rsquo;s some potential consequences ifhe&rsquo;s convicted of this offense. And if the Defense wants to continue down that road, then we&rsquo;ll go full force. But I think at this point, there needs to be something said or laid which allows the State to say, yeah, there&rsquo;s some consequences that goes to show her motive. And that that is her motive.<br />THE COURT: Any response?<br />MR. DEFENSE COUNSEL: Yes. We haven&rsquo;t asked her about his legal status. We&rsquo;ve only asked her about statements that she&rsquo;s given and when she&rsquo;s given them in context, which is ordinary cross-examination. We haven&rsquo;t talked about his legal status. And, therefore, inquiry into his &ndash; first of all, collateral consequences is a legal topic that she doesn&rsquo;t know about, okay? Second of all, we haven&rsquo;t &mdash; we haven&rsquo; talked about David Minze&rsquo;s status. We&rsquo;ve only talked about her and her statements, you know, relative to when she said them and when &mdash; what she did.<br />THE COURT: Okay. Denied. Bring the jury back in. I forget who had her? You had her?<br />MS. WASHINGTON: I don&rsquo;t have any<br />&emsp;<br />questions.<br />THE COURT: Okay.<br />(Jury enters the courtroom.)<br />THE COURT: All right. Y&rsquo;all may be seated. My understanding is both sides have no more questions for this witness; is that correct?<br />MS. WASHINGTON: Correct.<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />THE COURT: May she be finally excused?<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />MS. WASHINGTON: Subject to recall.<br />THE COURT: All right. You may go back down to the floor you were at &mdash;<br />THE WITNESS: Okay. Thank you.<br />THE COURT: &mdash; okay?<br />THE WITNESS: Okay. Thank you.<br />(Witness leaves the courtroom.)<br />THE COURT: All right. Defense may calltheir next witness.<br />MR. DEFENSE COUNSEL: Defense rests, Your Honor.<br />THE COURT: State have any rebuttal?<br />MS. WASHINGTON: No rebuttal witnesses for the State.<br />THE COURT: All right. Ladies and<br />&emsp;<br />gentlemen, what that means, that is all the testimonyyou&rsquo;re going to hear in this case. So what happens next is the attorneys gettogether their thoughts and prepare for closing argument, and Terry and I work on a document called the Court&rsquo;s charge. I&rsquo;ll be honest with you, that will probably take about 20 minutes. So once again, if you want to go down &mdash; I&rsquo;m trying desperately to finish this today. So what will happen is, after we get the charge ready, you&rsquo;ll come back in here, you&rsquo;ll hear closing arguments, and then you&rsquo;ll begin your deliberations, okay? So once again, you&rsquo;ll have time to go downstairs. If you would go to the jury room and tell the bailiff that you wish to go downstairs. I&rsquo;m sorry. Let me &mdash; both sides close; is that correct?<br />MS. WASHINGTON: Yes.<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />THE COURT: Okay. All right. Now you may go.<br />(Jury leaves the courtroom.)<br />THE COURT: All right. Did you give everybody a copy, Terry?<br />THE REPORTER: Yes, ma&rsquo;am.<br />&emsp;<br />THE COURT: Okay. Y&rsquo;all should have a copyin front of you. Terry and I are going to go work on one thing while you review it.<br />(Recess.)<br />THE COURT: Have both sides had a chance to review the Court&rsquo;s charge?<br />MS. WASHINGTON: Yes, Your Honor.<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />THE COURT: All right. I want to make sure everybody understands that I have added a paragraph aboutimpeachment on Page &mdash; at the bottom of Page 3. So either side have any objections to theCourt&rsquo;s charge?<br />MS. WASHINGTON: None from the State.<br />MR. DEFENSE COUNSEL: No.<br />THE COURT: All right. When he gets back, we&rsquo;ll start.<br />(Pause in proceedings.)<br />THE COURT: All right. Both sides ready for the jury?<br />(Jury enters the courtroom.)<br />THE COURT: All right. Y&rsquo;all will be seated. All right. Ladies and gentlemen, what happens now is I read this document called the Court&rsquo;s<br />&emsp;<br />charge to you. It has all the law applicable and anyinstructions and any definitions that I&rsquo;m allowed to give you. Don&rsquo;t sit there and try and memorize every word I say because you&rsquo;ll have this document with you back there during your deliberations. After I do that, both sides have 20 minutes for closing arguments. The State gets to open and close the argument. They don&rsquo;t get any more time; they just get to split it because they have the burden of proof. All right.<br />(Charge read.)<br />THE COURT: All right. Who&rsquo;s going to openfor the State?<br />MR. TRAMMEL: I will, Your Honor.<br />THE COURT: All right. You may proceed.<br />MR. TRAMMEL: Thank you. Ladies and gentlemen, thank you so much for your time and your patience. We&rsquo;ve almost made it. We&rsquo;re almost done, and I appreciate you hanging around with us. If you&rsquo;ll think back to yesterday morning before we started, my colleague, Ms. Washington, talked about why a victim may not want to move forward with a domestic violence case, why they may not want that prosecuted. And there&rsquo;s several different reasons, but<br />&emsp;<br />as we talked about, we can understand why somebody may notwant to do that, but we can also understand why the Stat takes that up for them and moves forward with the case. Now, what we have the job of doing today,or this &mdash; for the past two days, really, is to show that on or about May 8th, 2015, the defendant, David Minze, did knowingly or intentionally cause bodily injury to Ms. Wendy Young by striking her with his hand and/or hi elbow. And it happened here in Tarrant County. Okay. I believe that we&rsquo;ve done that. Over the past two days &mdash;<br />MR. DEFENSE COUNSEL: Judge, personal opinion &mdash; object. Prosecutor&rsquo;s personal opinion, object.<br />THE COURT: I&rsquo;ll sustain. Don&rsquo;t give your personal opinion.<br />MR. TRAMMEL: Well, you&rsquo;ve seen &mdash; we&rsquo;ve seen pictures that show &mdash; show the broken nose. We&rsquo;ve seen some black eyes, some scratches. We heard stories about a &mdash; about a car accident. Seemed to change a little bit. With the car accident, we heard testimony that no airbags deployed. There was no broken glass. Yet we have the scratches. And we do have these broken &ndash; do have the broken nose, and we do have the black eyes. Okay. We heard testimony from Wendy<br />&emsp;<br />herself that she told the officers initially that she hadbeen assaulted by her boyfriend. We heard testimony from Wendy&rsquo;s mother who said that Wendy told her she had been assaulted by her boyfriend. We heard testimony from the doctor who said that Wendy told him that she had been assaulted by her boyfriend, that he had hit her with his fist and with his elbow. And the doctor said that if he had heard anything about a car accident, he would have treated it differently. Okay. We also &mdash; you heard audio from Wendy herself saying that she had been assaulted. And we heard testimony from the officer &mdash; officer saying that Wendy told him she had been assaulted by her boyfriend. So with that, at the end of this, we are going to ask you to find the defendant guilty. Thank you for your time.<br />THE COURT: All right. Who is going to open for the Defense?<br />MR. DEFENSE COUNSEL: Yes, Your Honor. Thank you. Ladies and gentlemen, I&rsquo;m kind of reminded of a parable. A man is accused of going through a stop sign, and witness number one says &mdash; through a red light, and witness one says the light was red. Witness number<br />&emsp;<br />two says the light was yellow. Witness number three saysthe light was green. Witness number four says the light was out of order that day. And witness number five says there&rsquo;s no light at that intersection. And you&rsquo;re the juror. Assume everyone is telling the truth. Assume everyone is lying. Can you know with the kind of certainty that is beyond a reasonable doubt? Yes. There are ways to find out, okay? And there are ways to find out with more than words. You can examine the physical presence the defendant to see if you can find something consistent with assault. You can examine the scene to see if there is something consistent with assault. You can examine a car to see if something is consistent with assault. Or maybe, most importantly, you could examine Wendy Young and say: Wendy, will you tell us under oath what really happened? But none of those things were done in this case. None of those things were done in this case. It&rsquo;s inconceivable to me that a hospital could have somebody with an injury like this and not run a tox screen, but it didn&rsquo;t happen.<br />&emsp;<br />Why? Oh, hit by the boyfriend, fine.Inconceivable to me that you wouldn&rsquo;t even ask: By the way, were you taking any medication or drinking or smoking or whatever. Didn&rsquo;t happen.Okay. Inconceivable that a police officercould make a report and issue a warrant on the basis of a phone call without saying: Yes, ma&rsquo;am. I appreciate your telling me all this, but I kind of need you to come in andperhaps put it in writing, maybe under oath. But we know that when she was under oath, she was under oath. We know that that night or the next night, depending on the time, who could tell, she said to the police: I walked 15 miles. There&rsquo;s no dispute about that in this case. The police officers acknowledge she said it. There&rsquo;s a written statement saying she said it. And she says she said it. We also know it&rsquo;s not possible. We also know it&rsquo;s not possible, okay? And one would think that a police officer, when hearing someone say: Oh, you walked 15 miles. That would take five hours and a fast person three hours. Well, let&rsquo;s try to put this in perspective. But she was in no condition toxicologically to &mdash; to be accurate at the time. And one can hardly blame her. One can<br />&emsp;<br />hardly blame her. One can&rsquo;t &mdash; can hardly say: Sure.Why don&rsquo;t you tell the police? Why don&rsquo;t you tell thepolice and the medical authorities that you had combined alcohol and Xanax? And why did you tell them &mdash; why not tell them later, after you found out you were pregnant, you had combined alcohol and Xanax at a time when you subsequently found out you were pregnant? Understandable why, why.Understandable why. Why she would not. Understandable why she would not make those kinds of admissions, certainly over the phone, certainly when writing out a statement that no one even said, by the way, raise your hand and swear this is true. Because every time she did raise her hand and swear that it was true, she gave it to the District Attorney&rsquo;s Office and said: I need to tell you something. I was drinking that night. I have said so under oath. I need to tell you, I am giving up my right to crime victim&rsquo;s compensation in this case because I am not a crime victim. I did that under oath. And she did that under oath. She did that under oath in this courtroom. She did that under oath. Now, so let&rsquo;s go from internal to external. Wendy this morning said she walked from &mdash; she walked from University to Hillsboro. We all know that&rsquo;s impossible.<br />&emsp;<br />Everybody in this courtroom knows it&rsquo;s impossible. Okay. We all know. We all know that the description she gave that night is also impossible. You guys don&rsquo;t have to go look on Google maps to know that the intersection of University and Jacksboro Highway is not a residential area. Everybody in this courtroom knows that. Now, are we here to say that what Wendy was saying that night was a lie and that she&rsquo;s some kind of reprehensible liar? No. She was saying what came to her mind easily and what she could say is things that came to her mind. And &mdash; and so the real question for you is, where is the proof that makes this so certain that I can take away all the emotional overlay &mdash; the emotional overlay of the District Attorney attacking their own witness, of the District Attorney saying: Oh, well, now you&rsquo;re lying, okay? When you &mdash; when we have this super structure built to prosecute this man, and you say you don&rsquo;t want to help us, you&rsquo;re lying, okay? As opposed to: Okay. We&rsquo;ll put you under oath, and then you can tell us the truth. So remember what the instruction says. Remember what the instruction says because the Judge has given you a correct instruction. The Judge has said: By<br />&emsp;<br />the way, there&rsquo;s something you need to consider. And thisis very, very important in this case. The &mdash; the one undisputed physical fact inthe case, the one physical fact that we know is absolutelytrue is that though we don&rsquo;t know when, we do know that Wendy Young was in Hillsboro. We know that Wendy Young as in Hillsboro. But we know she couldn&rsquo;t have walked there. She couldn&rsquo;t have walked the 15 miles she said. But we do know she was there. We do know that &mdash; that her rendition that night is inconceivable since she said: He assaulted me until he decided to let me drive, until we changed drivers, and he decided to let me drive. It&rsquo;s not inconceivable that somebody would say: You&rsquo;re drunk. Why don&rsquo;t you stop the car.That&rsquo;s &mdash; that&rsquo;s actually kind of logical. The Judge has given you a correct instruction. David Minzedoesn&rsquo;t have to prove that he&rsquo;s innocent in this case. What you have to think about is, does the evidence convince you, are you so certainly convinced that you can say it&rsquo;s beyond all reasonable doubt? Is it possible? Is it possible that the &mdash; that what the Government has constructed through phone conversations as opposed to what&rsquo;s been given under oath<br />&emsp;<br />is true? Yes. It&rsquo;s a possibility. It&rsquo;s a maybe.But maybe is not enough to go to &mdash; to go to jail, okay? Maybe&rsquo;s not enough to go to jail Probably is not enough to go to jail. Well, probably. Oh, probably. Wrong. Wrong<br />THE COURT: You have two minutes left.<br />MR. DEFENSE COUNSEL: The law says proof beyond a reasonable doubt, proof that eliminates any, any reasonable doubt is what you have to go with. Maybe, probably, most likely, not sufficient. You don&rsquo;t maybe send into the jail, okay? You don&rsquo;t probably somebody. When you say they brought the whole thing, they brought a couple of conversations. They wouldn&rsquo;t bring you a shred of physical evidence. Not one.<br />MS. WASHINGTON: Your Honor, I&rsquo;m going to object as to improper argument with making reference to jail. That&rsquo;s improper at this moment.<br />THE COURT: I&rsquo;ll sustain that. Use the word &ldquo;conviction.&rdquo;<br />MR. DEFENSE COUNSEL: Okay. The Judge has given you a correct charge. I encourage everyone to read it.<br />THE COURT: All right. Ms. Knapp, you havefive minutes left.<br />MS. KNAPP: Thank you, Your Honor. Ladies and gentlemen, there is a difference<br />&emsp;<br />between people that come in after they&rsquo;ve been assaultedand tell the State: I don&rsquo;t want to prosecute.There&rsquo;s many reasons, like they said, that somebody might not want to prosecute, okay? But there&rsquo;s a difference in that and somebody who comes in and tells the<br />State: It&rsquo;s not true. My statement was not true. This is what happened. Okay. And that&rsquo;s what we have in this case. Wendy Young, on several occasions, went to the State, wrote them letters saying: This is not true. This is not what happened. I wrecked my car. I didn&rsquo;t want to tell anyone I was drinking. I wrecked the car, and that&rsquo;s how I got the injuries. Okay. She over and over asked them to please listen to her. The alleged victim in the case, the person they&rsquo;re suppose to be here on behalf of asked them: Please listen to me. That&rsquo;s not how it happened. Okay. And she had a reason that evening for not. I mean, think about it. She had been drinking all day, had been taking Xanax and got in a car wreck. Okay. Do you think that makes most people want to go to the police and tell them that or go to the hospital and tell doctors that? No, of course not.And you know that, because after the wreck, did she get out and call the police? No, she didn&rsquo;t. She<br />&emsp;<br />chose instead to walk to the Walmart in Hillsboro and callher mom. Never called the police.Called her mom.Okay. Well, her mom got up here on thestand and said, when asked if her daughter would have told her that she had been out drinking she said: No, she wouldn&rsquo;t have told me that. No, she wouldn&rsquo;t have told me she had been drinking. You know, are there many people that are going to call their mom in the middle of the night and say: I&rsquo;ve been drinking mom; I just had a car wreck, andI need you to drive 45 minutes, an hour away to come pick me up? No. She never knew &mdash; because you can tell by the fact that she hadn&rsquo;t chose to call the police, thatshe chose to call her mom. She didn&rsquo;t know that her mom was going to make her go to the police. She didn&rsquo;t know that. She wasn&rsquo;t thinking that this might end up &mdash;<br />MS. WASHINGTON: Judge, I&rsquo;m going to object as to a misstatement of facts. We never heard any testimony that her mom made her go to the police. In fact, her mom says otherwise.<br />THE COURT: The jury will remember the facts.<br />MS. KNAPP: We know that she called her mom, okay? And she told her something to get her to come<br />&emsp;<br />pick her up, okay? She goes to the hospital. She doesn&rsquo;t &mdash; still doesn&rsquo;t know that the police are going to be involved, that anything is going to happen. All she knows is that she doesn&rsquo;t want to get in trouble. So she goesto the hospital, doesn&rsquo;t say anything about a car accident, okay? So even though &mdash; okay. So she&rsquo;s at the hospital. She doesn&rsquo;t say anything about an accident. But we know there was a car wreck because that day she told the police that there was an accident, okay? She told the police that. But that&rsquo;s not what she told the doctor. Now, the doctor sat up here and said, when asked, could these injuries be caused by hitting the steering wheel, the doctor said, yes, they could, okay? But he didn&rsquo;t examine her for other signs of a car accident because he was never told about one. So why are we here today? Okay. We&rsquo;re here on an assault case. When we think about assault case, don&rsquo;t you think about there being a victim? We&rsquo;re not here today for a victim. They had nobody put up &mdash; nobody on the stand that said: I was a victim. In fact, under oath &mdash; she got up here under oath and told you: I made a mistake. I didn&rsquo;t want to<br />&emsp;<br />admit I had a drinking problem at the time. I had beendrinking and taking Xanax. I wrecked the car. And that&rsquo;s what caused my injuries. She didn&rsquo;t want to do that. But when she&rsquo;s under oath, that&rsquo;s what she said. And that&rsquo;s what shetold you. She was brave enough to come in here and tell you what really happened, regardless of the consequences to her. That&rsquo;s what you need to think about. And whether you believe her or not, at thispoint, what is the most viable option? That somebody who as a victim came in here under oath and made up a story for you or that somebody who was scared and intoxicated made up a story to try to get out of trouble and then realized the consequences that came with it and came up here and told you what happened. We ask that you find David not guilty.<br />THE COURT: All right. Ms. Washington, you have 17 minutes left.<br />MS. WASHINGTON: Thank you, Judge. May it please the Court.Defense counsel.Ladies and gentlemen, gosh, I don&rsquo;t know, as I sat and I listened to the testimony that was coming from the stand, I listened to closing arguments, I thought back to the football player who struck his wife and she<br />&emsp;<br />just wanted things to kind of go away. And I get that. I get that when you&rsquo;re in a relationship, things happen, and when it calms down, when the storm has settled, you just kind of want it to go away. But that&rsquo;s just &mdash; that&rsquo;s not how it works. Itdoesn&rsquo;t go away simply because you wish them away or because you want them to go away. Now, the Defense says that the State wanted to bring Wendy Williams (sic) here and let her take the stand because basically we didn&rsquo;t have anything else better to do. That&rsquo;s what it boils down to. Like we justhave to prosecute every domestic violence case that comes along.And that&rsquo;s just not the case. Certainly, we have other cases that we could deal with than having Wendy Williams (sic) take the stand and say: I don&rsquo;t remember.<br />THE COURT: Okay. I&rsquo;m going to stop you for just a &mdash; you keep saying Wendy Williams.<br />MS. WASHINGTON: Wendy Young. I&rsquo;m sorry.<br />THE COURT: Okay. Not the pop show person.<br />MS. WASHINGTON: Now, it certainly would have been easy to drop. I can definitely tell you that. But the facts and the evidence suggest to me and it says that it actually happened.<br />&emsp;<br />Now, when you look at State&rsquo;s Exhibit &ndash;and I believe we marked it 9 &mdash; clearly, you can get fromFort Worth to Hillsboro. I mean, there&rsquo;s no question about that, okay? You &mdash; number of routes you could take,whether you take, I think it was up over here by University, you could take 820, 35, 820. A number of ways you can get to Hillsboro. The part that kept sticking out in my head was when Wendy says: Mom picked me up in Hillsboro. We went to Ellis County. Now, you go to Ellis County and you see the doctor. She maintains that mom lives in Garland. Youknow Garland is over here somewhere, okay? There&rsquo;s no question Garland is over here (indicating). So if you&rsquo;re in Ellis County with these injuries, why not just go home to Garland? Why beeline itback to Tarrant County but for you knowing you were assaulted in Fort Worth?<br />But Wendy says: We went from Hillsboro to Garland and then back to Ellis County. Now, when her mom said it didn&rsquo;t make sense. It didn&rsquo;t make sense. That makes absolutely no sense to go to Garland where you have plenty of hospitals that you could have took her to. You go from Garland to<br />&emsp;<br />Ellis County and then to Tarrant County. That makes absolutely no sense. But the Defense would tell you and have youto believe that these injuries came from a steering wheel. Now, there&rsquo;s been this talk about she was drinking; she had pills. So what? What does that have to do with whether or not the defendant assaulted her? Let&rsquo;s say she was drunker than CooterBrown, and she had all kind of drugs in her system. Does that mean she deserves these two black eyes and this fractured nose? Absolutely not.Then, again, Defense says it was a steering wheel. You heard Dr. Sumrall testify. And you know what? It is what it is. She said: I never met her &mdash; she says: I never met him. He took the stand, and he told you: I didn&rsquo;t smell alcohol coming from her person. And had I smelled it, he would have noted it in her report. When you go to the doctor, you are concerned about your health. That&rsquo;s what you are concerned about. And with these injuries, she wanted to know what kind of damage was done to her. So when she&rsquo;s going to the doctor, she&rsquo;s not thinking about, oh, what&rsquo;s going to happen to him, oh, what&rsquo;s going to happen to me, she wants to know if there&rsquo;s<br />&emsp;<br />not some serious damage to her physically.That&rsquo;s why Dr. Sumrall tells you: It&rsquo;s important for me to know how the injuries were sustained so I can know what to look for. And he says &mdash; and reflected in the medical records &mdash; and you go back and look at them. This is an exhibit, State&rsquo;s Exhibit No. 8. You go back and you read it. Everywhere in this report, when she spoke to her doctor, she always says: It was my boyfriend who struck me. It was my boyfriend who elbowed me. It was my boyfriend who hit me. Every single time. That&rsquo;s reflected in the medical records. And when you go back and you listen to State&rsquo;s Exhibit &mdash; I believe its No. 12, you go back and you listen to it, you&rsquo;ll hear her even say &mdash; this was on the 20th, two weeks after she spoke with the &mdash; two weeks after the incident occurred. She even says: You mean the first assaultwhen he elbowed me? That was in Fort Worth at Jacksboro and University. That&rsquo;s what &mdash; we have jurisdiction. But her beating was so extensive; her beating was so long that it ended in Hillsboro. Andyou&rsquo;ll hear her say that: He hit me multiple times. I&rsquo;m not trying this case because I want to. The evidence tells me it happened. And just because she<br />&emsp;<br />wants it to go away and she wishes it to go away, no. Icould have &mdash; the State could have dropped this case. Wedidn&rsquo;t because it doesn&rsquo;t mean it didn&rsquo;t happen just because you want it to go away. You have to look at things larger. You just do. It&rsquo;s tough trying these cases sometimes, but sometimes you have to fight for people who cannot and will not fight for themselves. And in this case, that is Wendy Young. Her mom took that stand and she said: I had to go and pick my child up about 3:30, 4:00 o&rsquo;clock in the morning. She came from Garland all the way down to Hillsboro to pick her daughter up, who had been wandering on the streets. And Wendy would have &mdash; she was so overwhelmed with protecting the defendant that she assassinated her own character to say that I asked him toleave me stranded in Hillsboro wandering up 35 East &mdash; 35 West. That makes absolutely no sense. But you know what? Call it love. Call it crazy. Call it crazy love. I don&rsquo;t know. Maybe it makes you do strange things. But you know what? At some point you have to stand up for yourself. And since she can&rsquo;t stand up for herself, I&rsquo;m going to ask the six of you to do it, to go to the<br />&emsp;<br />back and find the defendant guilty of assaulting WendyYoung on May 5th (sic), 2015.<br />Thank you.<br />THE COURT: All right. Ladies and gentlemen, if you&rsquo;ll go back to the jury room, select your foreperson, and begin your deliberations.<br />(Jury leaves the courtroom at 4:48 p.m.)<br />THE COURT: I would ask both sides to release any witnesses that they do not think they would use in a punishment hearing, if we reach that.<br />MR. DEFENSE COUNSEL: Okay.<br />(Jury deliberations.)<br />THE COURT: Okay. Bring them out.<br />BAILIFF: Yes, ma&rsquo;am.<br />(Jury enters the courtroom at 6:25 p.m.)<br />THE COURT: All right. If y&rsquo;all would have a seat.All right. Mr. Ruiz, I think you&rsquo;re the foreman; is that correct?<br />FOREPERSON: Yes.<br />THE COURT: All right. Y&rsquo;all have beendeliberating for almost two hours. It&rsquo;s 6:30 at night. What I need you to do is to go back there and decide if you want to continue to deliberate tonight or if you wish to come back in the morning, okay?<br />&emsp;<br />FOREPERSON: Do you want me to give theanswer now?<br />THE COURT: If you &mdash; I think you need to take a poll first, okay?<br />FOREPERSON: Okay.<br />THE COURT: And you can just write me anote, okay?<br />FOREPERSON: Okay.<br />THE COURT: And then hit the buzzer, which y&rsquo;all have found mistakenly a couple of times now.<br />(Jury leaves the courtroom.)<br />(Pause in proceedings.)<br />THE COURT: This note says: Okay. Thatthey think they&rsquo;re hung. Come &mdash; let&rsquo;s go in the back fora second.<br />(Pause in proceedings.)<br />THE COURT: All right. I have received a note at 6:05 that says: Five guilty, one not guilty. Not likely to change. Signed by the presiding juror.The State has asked for an Allen charge. I believe the Defense wishes to put something on the record?<br />MR. DEFENSE COUNSEL: Yes, Judge. We move for mistrial. The jurors have told us that they cannot reach a unanimous verdict. Giving them an Allen charge would,<br />&emsp;<br />at this point, be coercive to the lone &mdash; lone juror who stands in the minority. I&rsquo;d like the record to reflect that the jurors have been deliberating in excess, I think, of two hours, and that &mdash; so I think the only question to ask the jurors is to ask if they think further deliberations will reach &mdash; will result in a verdict. And they&rsquo;ve essentially kind of said that by telling us that not likely to change.So in view of that, I object to the giving of the Allen charge, and I request a &mdash; I request a mistrial.THE COURT: All right. And you still request an Allen charge?<br />MS. WASHINGTON: Yes, Your Honor.<br />THE COURT: All right. Bring the jury in.<br />(Discussion off the record.)<br />(Jury enters the courtroom at 6:42 p.m.)<br />THE COURT: All right. If y&rsquo;all would have a seat.In response to your last note, I am going to read you something. Cause No. 1415787, State of Texas versus David Shawn Minze. In County Criminal Court No. 5 of Tarrant County, Texas.<br />&emsp;<br />(Allen charge read.)<br />THE COURT: All right. If you would retire to the jury room.<br />(Jury leaves the courtroom at 6:44 a.m.)<br />(Jury deliberations continue.)<br />THE COURT: All right. Both sides ready for the jury?<br />MS. WASHINGTON: Yes, Judge.<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: Bring them in.<br />(Jury enters the courtroom at 7:03 p.m.)<br />THE COURT: All right. If y&rsquo;all would be seated.<br />Mr. Ruiz, I understand you have reached a verdict?<br />FOREPERSON: Yes, ma&rsquo;am.<br />THE COURT: Is it unanimous?<br />FOREPERSON: Yes, ma&rsquo;am.<br />THE COURT: If you would hand the verdict, the Court&rsquo;s charge to the bailiff.<br />FOREPERSON: (Complies.)<br />THE COURT: Mr. Minze, if you would please rise.<br />THE DEFENDANT: (Complies.)<br />THE COURT: We, the jury, find the<br />&emsp;<br />defendant, David Shawn Minze, guilty of the offense ofassault bodily injury to a family member or household member or person with whom the defendant has or has had a dating relationship of a continuing romantic or intimate nature as charged in the information. Mr. Defense counsel, I assume you want a poll?<br />MR. DEFENSE COUNSEL: Yes, Your Honor.<br />THE COURT: All right. Y&rsquo;all may be seated.<br />Mr. Ruiz, is this your verdict?<br />FOREPERSON: Yes, ma&rsquo;am.<br />THE COURT: Ms. Rhoten-Dawkins, is thisyour verdict?<br />JUROR: Yes.<br />THE COURT: Mr. Boroff, is this your verdict?<br />JUROR: Yes.<br />THE COURT: Ms. Peterson, is this your verdict?<br />JUROR: Yes, ma&rsquo;am.<br />THE COURT: Ms. Ricard, is this your verdict?<br />JUROR: Yes, ma&rsquo;am.<br />THE COURT: Mr. Alexander, is this your verdict?<br />&emsp;<br />JUROR: Yes, Your Honor.<br />THE COURT: All right. I will file this as your verdict in this case. Anything else you want to put on the record, Mr. Defense counsel?<br />MR. DEFENSE COUNSEL: Judge, we&rsquo;ve &mdash; we&rsquo;ve already made our &mdash; our &mdash; our objections to the Allen charge and the jury has been polled, so&hellip;<br />THE COURT: I think &mdash; I will put on the record that I think we sent the Allen charge back about 6:40, and it&rsquo;s now 7:04, okay? All right. Ladies and gentlemen, I will file this as the verdict in your case. You&rsquo;ve previously been instructed you should observe strict secrecy during the trial and during your deliberations. You are about to be discharged, so you can now speak to anyone you want to. You can also refuse to speak to anyone you want to. After you&rsquo;re discharged, it&rsquo;s lawful for the attorneys and other persons to talk to you to see if any jury misconduct occurred, or they may, quite honestly, just want you to critique their performance. You can &mdash; once again, you can talk to them or you can take that badge off and walk straight out of my courtroom. However, I would like to tell you before you leave that I appreciate you a great deal. I know this<br />&emsp;<br />wasn&rsquo;t the smoothest of trials. And once again, thatwas &mdash; the timing and everything was my fault. I will take all the blame for that. But I know y&rsquo;all put in an incredible amount of time, and I can hear that y&rsquo;all were having some quite lively discussions back there. So I appreciate the effort. And our system would not and could not work if it wasn&rsquo;t for people like y&rsquo;all. I appreciate it a great deal. I can&rsquo;t tell you how important this job is. So I will release you. Anybody trying to get back to LaGrave Field?Okay. All right. If you &ndash; everybody would go to the jury room, and &mdash; and if you would talk tomy bailiff, he&rsquo;ll go back there with you, and we&rsquo;lldetermine how you&rsquo;re going to get back to LaGrave Field, okay? Thank you very much.<br />(Jury discharged.)<br />THE COURT: All right. Do y&rsquo;all want to &mdash; can you come to an agreement on punishment, or do you want to continue this on another day?<br />MR. DEFENSE COUNSEL: I&rsquo;m pretty sure we won&rsquo;t be able to come to an agreement.<br />THE COURT: Okay. I mean, you want to &mdash; this doesn&rsquo;t need to be on the record.<br />&emsp;<br />(Discussion off the record.)<br />THE COURT: All right. Let&rsquo;s do this: Looks like Mr. Loftin&rsquo;s getting kicked to the wayside, and we&rsquo;re going to continue this tomorrow morning. Abe, if I say &mdash; because this will be the only thing we do tomorrow, so if I say 10:00 o&rsquo;clock, that will give you a chance to go to some courts and get here &mdash;<br />MR. DEFENSE COUNSEL: Yes.<br />THE COURT: &mdash; and give you a chance to get some stuff?<br />MS. WASHINGTON: Yes.<br />THE COURT: All right. 10:00 o&rsquo;clock tomorrow morning.<br />(Proceedings adjourned.)</p>
Los Abogados
  • Francisco Hernandez
  • Daniel Hernandez
  • Phillip Hall
  • Rocio Martinez