On July 3, 2006, Amy Zankowitz Persinger, a 911-operator, received a call on the non-emergency line from Amy Smith, the female caller.Their conversation was:

Conversation recorded on July 4, 2006, at 049 on Channel 12

EOC: Communications.

Female: Hi. I have a neighbor who it sounds like he's shooting a gun at his house.

EOC: Okay. Where?

Female: 251 Cabell Heights Road. I would like my call to be anonymous, because he's threatened me with a gun several times, and another neighbor.

EOC: Okay.

Female: I just need somebody to come up her and drive by.

EOC: Okay. Ma'am, I just need to get some information. When you turn off of Wickham, where's his residence at; did you say 251?

Female: 251 Cabell Heights Road.

EOC: Okay. Can you give me some directions, ma'am; hello.

Female: If you're coming from where are you coming from?

EOC: Okay. I'm going to try to bring 'em off of Wickham Road. You turn left there onto Cabell Heights Road, you come up the hill?

Female: Correct. It's at Primrose Lane and Cabell Heights Road, he's right on the corner there a white house.

EOC: You said it was a white house?

Female: Yes.

EOC: Do you know his name?

Female: Yes. His name is Rob Webb.

EOC: Do you know what kind of gun he has, is it a pistol, a shotgun, do you know?

Female: It sounds like it might be some kind of pistol, but I don't know, it doesn't sound like a shotgun.

EOC: And he's outside?

Female: Yes. He's blaring music.vEOC: I know you don't want to leave your name, but can I have a call back number just in case I need to call you back?

Female: (unclear) 2xx-xxxx. But I don't want him knowing I'm calling, because he's threatened me with a gun.

EOC: Ma'am I don't even have your name. Okay. But we'll send someone out. Okay.

Female: Thank you.

EOC: Thank you.

What did I learn from this initial call?

The call began at 12:49 a.m. and lasted for 2 minutes and 38 seconds.

The caller did not sound distressed and wanted someone to just drive by because her neighbor, Rob, was shooting a gun at his house.

The caller wanted to be anonymous because of prior dealings with Rob.

The caller states Rob's name, address, directions, color of house, informs that music is blaring and the shots she heard sounded like they were from a pistol not a shotgun.

Who transcribed the 911 call from July 4, 2006 that was used in court?

Why are there 2 versions?

Amy Persinger has since become employed with the Raleigh County Sheriff's Department.

The problems in this case with the EOC/911 include:

The Radio Log Sheet was altered to reflect a change of badge numbers for the officers involved in this incident.

Badge #136, Jim Bare, is listed as calling for EMS.

Jim Bare is Badge #113.

The 911 transcript lists Gregory Kade as Badge #136 and John Hajash as Badge #140

The cassette tape I received is different than the CD version that they used at trial.

The transcript of the 911 call from the civil trial does not match the cassette tape sent to me.

There are two calls from EOC/911 to Chief Deputy Steve Tanner in the transcript that is not included on the tape.

There is an escort transmission that is on the tape that is not in the transcript.

The transcript quotes John Hajash saying "Oh My God, Suspects Down, Send EMS. This was 19 minutes into the tape and at 1:06 a.m. What happened between 1:06 a.m. and 1:12 a.m.?

Why did Sharon Coffey claim in court testimony that she took the 911 call from Amy Smith and that she believed that the caller meant Rob was shooting towards his own house when in fact Amy Persinger had taken the original call?

The 911 operator, Sharon Coffey, calls Amy Smith and asks for more details. Their conversation was.

ECO: Ma’am, I’m calling you back from the Sheriff’s Department, you called in that guy that was shooting at his house, is he still outside shooting?

Female: He’s still outside.

EOC: Do what?

Female: He’s still outside.

EOC: Can you give me a description on him, is he a white male and can you tell me what he’s wearing?

Female: I’m not outside, I’m not that close.

EOC: Okay. Do you know him well enough to give me a description, is he a white male?

Female: He’s a white male, very long hair –

EOC: With long hair.

Female: -- past his waist. He usually wears a cap, he usually has tee-shirt and jeans on.

EOC: Okay. Is he still outside and is he still shooting? Female: He hasn’t shot for a little while, but he’s still out there.

EOC: Okay. Hold on just a second for me, ma’am. Female: Okay.

EOC: 136-control. Caller is advising the Webb subject is a white male, has long hair, usually wearing a cap, but she can’t give a clothing description at this time. Advised he is still outside, but he has not shot for a while.

136: Did she advise, does he have any family in the house that you know of?

EOC: Do you know if there’s anybody in the house over there ma’am?

Female: Oh, I’m sure his wife and kids are over there.

EOC: He does have a wife and kids?

Female: Yeah.

EOC: Do you know how many kids?

Female: He has two kids.

EOC: She’s advising the male subject does have a wife and two kids, she cannot advise for sure if they are inside the residence.

136: 10-4 – what was that numerical again?

EOC: Its 251 – it’s at the corner of Primrose Lane and Cabell Heights Road; it’s a white house. Okay. Ma’am, I appreciate it.

Female: Okay.

EOC: Do you know about how far out that is off of Cabell Heights Road; when you turn onto Cabell Heights?

Female: If you’re coming from Wickham, it’s probably two blocks, approximately.

EOC: She said it’s probably about two blocks. Okay. Do you know if there’s any vehicles?

Female: He has like a pickup truck, extended cab. It’s a Chevy.

EOC: Do you know what color it is?

Female: It’s blue.

EOC: Advise, there should be a blue Chevy pickup truck extended cab at the house. Ma’am, can you tell if it’s on the left or the right?

Female: It sits right on Cabell Heights Road on the left.

EOC: Okay. All right. I think they have just turned on Cabell Heights Road. If you see or hear anything else – is that shots I hear?

Female: No.

EOC: Okay. If you see or hear anything else can you call me back on 911, because I’ve got two officers there on Cabell Heights Road?

Female: Okay.

EOC: Okay.

Female: Thank you.

EOC: Thank you, Bye, bye.

What did I learn from the second conversation between the 911 operator and Amy Smith?

The 911 operator called Amy Smith to ask if Rob was still shooting his gun and to give a description of Rob. The caller replied that he had not shot for a while and gave his description.

Deputy Kade asked 911 to ask the caller:

If there was any family in the house and Amy replied there was a wife and three kids at home.

If there were any vehicles and Amy gave a description of Rob's truck.

Deputy Kade asked 911 for the house number and its location on Cabell Heights Road.

The 911 operator, Sharon Coffey, talked to Amy Smith a third and last time. Their conversation was:

EOC: Copy. (telephone ringing)

Female: Hello.

EOC: Ma’am, I’m sorry, I’m calling you back from the Sheriff’s Department.

Female: Uh-huh (yes)

EOC: Can you advise for the officer if that’s the house where all the music is coming from? (1:02:40)

Female: Yes, it is.

EOC: Copy. 140-Control she advises affirmative. The deputy must be there in the area.

Female: Okay. I seen him walk out in the road.

EOC: Do what?

Female: Mr. Webb, he’s walked out in the road a couple times.

EOC: Do you know where he’s at right now?

Female: Well I believe he’s in his driveway, but I can’t see what he’s doing over there, because there’s shrubbery.

EOC: Okay. So you can’t really tell me exactly where he’s at right now?

Female: But I’ve seen him walk out in the road a couple times on Primrose and then walk back to his driveway.

EOC: Okay. If you don’t mind, can you stay on here with me for just a minute?

Female: Okay. I need to move to another room, because I’m on cordless.

EOC: Okay.

Female: He only does stuff like this when he’s drunk, high or something.

EOC: Yeah. Okay. I think we’ve got about three officers that’s right there in the area.

Female: I’m here by myself 90% of the time, my husband works on the road and, you know, he does stuff like this all the time.

EOC: Yeah. Okay.

Female: You know, I’ve had trouble with him for two years, he’s the reason I have a fence around my yard, because he drives on my yard with his four-wheeler and his vehicles. He’s threatened me numerous times with a gun, because I tell him to stay off my property.

EOC: Oh. Okay.

Female: I don’t know what he’s doing out there.

EOC: All right. Are you at a point where you can see if the officers are over there; I mean, I don’t want you to go to any window that’s going to put yourself in any danger or anything. I didn’t know if you can see ‘em pull up or not.

Female: I don’t see any car lights or anything.

EOC: Okay.

Female: And his music is still blaring so apparently they’re not over there yet.

EOC: Okay. All right. I was concerned if there was anyone else in the house.

Female: Well, nobody stands up to this guy –

EOC – Okay.

Female: -- because he threatens them with a .9mm gun he has over there. I mean, I seem to be the only person that will stand up to him, you know, I’m here by myself.

EOC: Right, I understand. I understand. Okay, ma’am, I let you get off of here I think they’re out there and I appreciate your information.

Female: Okay. Thank you.

What did I learn from the third conversation between the 911 operator and Amy Smith?

The 911 operator, Sharon Coffey, called Amy Smith and asked if that was where the music was coming from and she replied yes, it was.

Amy Smith tells the 911 operator that Rob had walked out into the road a couple times but couldn't see what he was doing .

Amy Smith was moving from room to room on a cordless phone.

The 911 operator tells Amy that there are three officers on the scene.

Amy Smith tells the 911 operator how she had trouble with Rob in the past.