Civil Trial Testimony

9:40 am John Hajash – Tan Dockers and blue/white striped long sleeve shirt

Introduce John Hajash. How do you want to address you, Can I call you Deputy Hajash for this case?
In this case yes

Can I address this witness as adverse?
No objection

You did know Robert Webb?
No

No prior interaction?
No

Is it common to receive or hear gunshot?
It is unusual

Have you ever heard on holidays?
Not where I come from

Trained for cars as deterrent?
Can’t recall being trained on that

Agree that lights and sirens serve as a deterrent?
In some situations

Have you received training as car as cover?
Yes

In this case, you decided to use car?
No, a bullet can go through

You chose not to come to R, Old Eccles Cabell Heights parked ¼ mile?
Yes

No cover?
No Sir, Kade said he told him after shooting to find cover

May Aug 2004 Course training in WV assigned field training officer?
Yes Randy White

Different from Kade?
Yes

Agree that department does assign same officer?
Yes

Different information training officer?
No, you have to go through field manuel

Day to day, the experience are different between officers?
Yes

Car as cover?
Don’t recall

No in service training?
At basic course at WV academy trained on it.

So you did receive from Sheriff Department on car as cover?
Yes

Do you believe that your approach to Rob Webb was appropriate?
Yes

on at deposition?
No sir

Approach w/ paper page 38 line 20-22
I’m sure I did I just can’t recall

You carried a Glock 23 40 cal Smith

Was it eqipped with a ?Remington 870?
I can’t remember

From deposition testimony shift starts between 11 & 12

When received call you were on duty an hour or 2, do you have reason to disagree of the timeline 1:09 at the corner of Old Eccles Road and Cabell Heights 1:12 suspect down. Reason not to make right turn past Pasquale Mira long way to residence
more familiar that way

Ever been Harper Park to Cabell Heights
Yes

Lights on? Any reason to think this was a bad neighborhood?
No

On route did you speak to EOC?
I don’t recall, no Kade asked on route for more information

Nobody asked dispatch to call Webb residence to see what going on?
Not that I’m aware of

Training for contacting?
Yes

Employed tactics before?
Yes if incident from house it was called from

Have you had evidence that Rob shot at his house, neighbor not portrayed as you thought you walked in did not change your way of response after this call?
I don’t recall

What would it hurt to not try?
I didn’t figure that had a way to try

to Tanner I thought call was stupid and untrue. Comment no gunfire heard at scene when you got there?
No

Rob didn’t fire weapon no shots heard or fired?
Yes

(Exhibit 1) Where were you when first approach to observe (showed?)
Haven’t decided which corner to go to one would go there and there

No indication Rob knew you were there ...walked up Primrose Lane?
Correct

(Exhibit 2) You indicated to Kade you did not want to startle him Kade lead he caught up

Page 82 Deposition line 13 Asked question?
I think when we were walking up Primrose

Would you have changed your tactic after this incident while you were a deputy?
No not sure

Why not, someone lost their life wasn’t it worth to call and try?
I drew on Primrose

Kade at low ready?
No recall .. but safe manner to carry

Did Kade make verbal announcement?
Yes

(Exhibit 4) Daylight picture vantage point

Where Kade and Hajash was standing on edge of pavement
He was standing at truck with door open

Part obstructed by vehicle?
Yes

Fair to say Kade had a better view?
I assume he did

Police, let’s see your hands music stopped?
Yes

Robert Webb was startled or surprised?
Can’t recall

Page 90 Deposition line 2 He had no idea you were there correct?
I don’t believe so

Truth then don’t recall now?

Come to the bench counsel

Not question originally asked read again

Not on Cabell Heights on Primrose. He had no idea you were there?
I don’t believe so

At That time he didn’t know what was in his hands because view was obstructed by truck two rounds then one more

Webb went down immediately, Stood there, went down to see
No a second or so I fired after he was on the ground? Yes

Kade said he was told to stop firing because he didn’t have a weapon in his hands
He was moving like he would roll and fire on him again thought he was taking cover from us.

Did you move any shells before anyone else came?
No Kade didn’t walk up to him

but you did breathing or signs of life

No medical aid, no check for pulse

# Pl Exhibit 31 w/o objection

Statement after shooting to Detective Canaday page 2? I fired two while he was standing he rolled again in fast motion I fired again til I seen his hands as trained to do at State Police Academy

Did Kade say find some cover?
Yes, at some point we did

Seconds before confrontation, at some point you told Tanner you were running up Primrose
to catch up to Kade

Were you running up Primrose upon Mr Webb
no to catch up
Fast walking that’s what I meant.

At some point you secretly recorded conversations with Tanner, we have copies transcript brought to him exhibit page 50 line 12 to first line on next page wrong copy highlighted line 14 He didn’t have anything in his hands, he’s unarmed, let’s go

approach bench 10:25 to 10:28

Skip ahead line 21, stated so we hurried up jogged, held keys when I run. I think I drew it while I was running. I don’t dispute. I have not had transcript

recess 10:20 to 10:50

belt off boss was there

John Hajash after recess 10:55

Back to alleged verbal announcement before shooting... statement to Canaday.. “Drop his gun” to review board didn’t say to Canaday or deposition. Would that be an important fact. Kade did not testify to that?
No

Did you make any effort to render medical treatment for medical attention to Robert Webb neither physical did not touch weapon?
No

Did not touch body?
No

Kade?
No, not aware

Fell and lay to rest until others arrived?
No

Mary Webb instructed to go back inside?
Yes

Access to Rob that night?
No

Go to house to check on Mary and kids?
By her statement I thought they were ok

Not tested for drugs or alcohol?
No

Aware of policy?
Not aware of any

Testified to Canaday 3 days later?
Yes

Transcript in evidence. Give any other statement other than that one?
Not that I recall

Back to you were walk or run towards We location times see or not
No not see him going up Primrose

Go to pg 149 of deposition, line 17 to end of line 2 page 50, Did you observe him through the bushes in front of his home?
No. As approached

See him after approach truck at end of hedge row

Some point after shooting event you received a tattoo?

Approach the bench.

Skip the question as instructed by court. Did you ask for information on this case?
Yes.

Did you get answers?
Yes

Last page is verification did you sign responses are accurate to best of knowledge?
Yes

Turn to 14 Please Admit you were able to see Robert Webb through hedgerow, run toward Robert Webb to close the distance deny that #34 admit discharge of firearm is not unusual in Raleigh I admit earlier you said no. No longer employed with Raleigh County, terminated by department while off on leave?
Yes

Letter by mail?
Yes

Is this only time for excessive force is it.

Approach bench

Last question was this not first complaint correct?
Yes

Question on how it was handled investigated?
Yes

By FBI?
Yes

Cleared .not by Raleigh County Sheriff Department. When asked in deposition about being investigated by the FBI Pg 28 in Deposition line 13 ask who was investigated by FBI ,why?
that’s who, when use of force or police brutality

Not in house
not

Did FBI perform any investigation in Robert Webb?
Not aware

Other was not a death

No

No more questions.

Cross examine

>let’s back up – tell born Crab Orchard, went to Independence, Bluefield State, Sheriff Office and coal mine. Aug 2004, approximately 4 years road patrol. Did you go back as Deputy Sheriff?
yes

Off for awhile medical reason
yes

shortly thereafter terminated, letter from Sheriff
yes

followed employ elsewhere, dynamite on strip jobs
underground coal mine since Dec 2009

27 now you were 22, married
yes, Patricia
copper fence and wiring, boring

outside speak with him call come in called a pistol, put vest on and walked back to get open up car to get tactical shotgun out, radio on. 2 or 3 house away when heard noise, took cover behind pine tree so Rob Webb could not see him. watched as he went back and forth from Cabell Heights Road observed a minute or two so we decided to move closer to see if we could observe closer music stopped, chain link would rattle

Decide to go around Primrose dogs barking how many
2, we walked

When did you run.
to catch up at end of hedge row, stopped again to observe outside his truck reach in – work on radio trying to get it to play – dogs never stopped barking announce Police let’s see your hands – Webb turned around, couldn’t see – looked at Kade a second and shouldered his rifle.

Drop your weapon neglect to mention or did not recall. Are you confident about Police let me see your hands after shot do immediately take cover
he went to check breathing – checked garage called directly after fire

Words to them
I recall shots fired suspect down need EMS

transcript entered into evidence Oh My God shots fired, copy, then Kade said Please

Were you begging for help John?

Was it your belief he was deceased
no

Your duty is to call EMS is that what you did
yes

Redirect

You believe he was dead

Was you qualified to decide that

Did you close truck door
no – told Tanner so we hurried up jogged really held my keys always hold keys while run I took out gun while running – end and approach.