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crime scene depicting where he
and Kade claimed to be standing
when they fired on Rob Webb.
Hajash said he was located
mid-way behind the truck.
John E Hajash III was a young scared officer the night he responded to the scene at 251 Cabell Heights Road.
John answered the dispatch call at 12:53 a.m. July 3, 2006. Instead of choosing the 2 mile route to the scene he was told to take the longer 5 mile route. According to the 911 radio log, his arrival on scene was 1:09 am July 4, 2006.
Within days after the shooting, John was cleared to return to duty but months later began having dreams and stress from the shooting. He went to another doctor who declared him unfit for duty.
In mid-May 2007 John secretly tape-recorded Sheriff Danny Moore and Chief Deputy Steve Tanner. He was trying to lead them into conversation that would implicate themselves in their involvement of the events leading up to the shooting death of Robert Webb and the cover-up that followed.
John Hajash was a disposable pawn in their game and was terminated from his position as deputy sheriff in November 2007
AFFIDAVIT OF JOHN HAJASH
STATE OF WEST VIRGINIA
COUNTY OF MERCER, TO WIT:
AFFIDAVIT OF JOHN HAJASH
STATE OF WEST VIRGINIA
COUNTY OF MERCER, TO WIT:
The undersigned, being first duly sworn, deposes and says
that he was a Deputy Sheriff with the Raleigh County Sheriff's Department for approximately four (4) years from November, 2003 through October, 2007;
that he attended the West Virginia Police Academy from May, 2004, through August, 2004, where he received instruction, education and training on the proper use of force to be applied by a police officer;
that while he was on duty on July 4, 2006, he received a radio message from the dispatcher / 911 operator, during the late evening hours, reporting that shots had been fired at or near a residence located on Primrose Lane, near Beckley, Raleigh County, West Virginia;
that when he received the radio message, he was conversing with Deputy Kade and Deputy Kade agreed to accompany the undersigned to investigate the 911 call reporting shots fired;
that, based on the information and directions from the dispatcher, the undersigned parked the police cruiser approximately two to three blocks away from Primrose Lane;
that he and Deputy Kade then proceeded toward the residence on Primrose Lane on foot;
that he and Deputy Kade made the tactical decision to investigate via foot instead of driving the police cruiser to the residence which would be obviously noticed by the suspect that had been firing the weapon, and the police cruiser could possibly become a target;
that as he and Deputy Kade approached the suspect's residence, the undersigned could see, from his view on the opposite side of the truck, that the suspect was walking behind a pick-up truck, and from the truck to the garage;
that he and Deputy Kade continued to approach the suspect and heard music playing very loudly, which they believed was coming from the stereo of the aforementioned truck;
that when he and Deputy Kade were approximately twenty to thirty feet from the truck, the music stopped;
that Deputy Kade approached the rear of the pick-up truck and the undersigned was following behind Deputy Kade at a distance of a few feet;
that when Deputy Kade was approximately behind the driver's side of the pick-up truck he announced either, "Sheriff's Department" or, "Police" and "let me see your hands";
that when Deputy Kade made the announcement, the suspect was leaning inside the truck;
that when the suspect heard the announcement, he turned around and was holding an object near his waist;
that immediately thereafter the suspect then raised a rifle to his shoulder and pointed it at Deputy Kade;
that he and Deputy Kade were able to see the suspect and his weapon because there was a street light on the garage located approximately ten to twenty feet in front of the truck where the suspect was standing;
that Deputy Kade, acting in self-defense, fired his weapon at the suspect;
that the suspect stumbled while waving the rifle and that the undersigned immediately fired his weapon at the suspect;
that the suspect then went to the ground and was rolling around, making quick movements, as if the suspect was going to fire his weapon;
that he could not see the suspect's hands, so he fired another shot at the suspect and the suspect's hands became visible;
that after the suspect fell to the ground, he and Deputy Kade saw the distinctive AK47 rifle that the suspect had dropped,
that there were several spent rifle casings lying around the driveway which appeared to be casings from the bullets fired from the AK47 rifle which the suspect had brandished;
that when he determined that the suspect was holding a rifle, he believed that the situation presented was extremely dangerous and severe;
that he feared for the safety of himself and Deputy Kade when the suspect raised the rifle;
and that he acted in self-defense in firing at the suspect.
Given under my hand this 22nd day of May, 2009
John E Hajash III
STATEMENT #1 of JOHN E HAJASH
The defendants refused to disclose the statement John made after the shooting 4 July 2006 when he arrived at the sheriff's office at approximately 4 am.
STATEMENT #2 of JOHN E HAJASH III,
Exhibit C Document #31-1
RALEIGH COUNTY SHERIFF’S OFFICE DETECTIVE BUREAU
STATEMENT OF DEPUTY J. E. HAJASH
PRESENT: This is Detective Canady with the Raleigh County Sheriff’s Department. I’m present with Sgt.Lilly and Deputy Hajash.
REF: We’re going to be speaking about an officer involved shooting that occurred in early morning hours of July 4th. It’s Sheriff Department number 2006-29168. I have spoken to Deputy Hajash the day of the shooting, sort of an informal interview to try to get a grasp on what went on there. This is going to be Deputy Hajash’s formal statement, and that he understands this statement is recorded.
CANADAY: I’m going let you speak now Deputy Hajash and take me through the scene, and we’ll start at the time that you were talking to Deputy Kade at his off-duty job.
HAJASH: I was up on Harper Road at the new hotel site, near the Country Inns and Suite talking to Deputy Kade, he was working off-duty security there since they’re still working on it. A shot, or a call went out of a man shooting a handgun at his own residence, that’s what the call was, the 911. They advised LT. Williams of that call and every unit was busy on other calls, so I was the one that got dispatched to that. Deputy Kade said he couldn’t let me go in there by myself so he said he was going to log off duty for that and log on regular duty and go with me to back me up. We loaded up from there and we left Harper Road, we took the Interstate and got off the MacArthur exit down 16 up old Eccles Road. Once we got to Cabell Heights Primrose Intersection. We weren’t familiar – is it Primrose?
CANADAY: Yeah, It’s Primrose.
HAJASH: We weren’t familiar with Primrose Lane, so we parked at the intersection of Old Eccles Road and Cabell Heights Road, because they said it was two blocks in. We parked at the first house on the left in their driveway, and Deputy Kade got his shotgun and I got my pistol – that’s the only weapons we had with us – and he had his pistol. We went down the road looking for his residence it was quiet, didn’t hear nothing. We got probably about 3 or 4 or 2 or 3 or something like that, just a couple of houses down from the house that ended up being the subject’s house that was on the shooting. We could hear real loud music just blaring as loud as you could imagine. Then we got to the house right next door – well first I asked EOC to call the complainant and asked ‘em if that was the house we was going to and they confirmed that was the house.. We got to the house next door, there’s a big pine tree in the front yard and right as we was standing there Deputy Kade said there he was behind the house so we took cover just in case he did see us, which apparently he did not, because it was a little dark and he was under a street light – the subject was. We observed him going from the garage to his vehicle and back and forth a couple times, so we started walking. Once we got in front of the house the music just cut off, just a dead standstill, no noise whatsoever. As we was passing the house I looked up through the yard in between the house and the row of hedges that he had or shrubbery and you could see him standing on the driver side of his vehicle – I’m looking from the passenger side. The passenger door was shut I could not see what his hands were doing, but he was standing outside the vehicle on the driver side with the driver’s side Lane – that’s where his driveway was, right off Primrose.
CANADAY: Primrose.
HAJASH: Primrose – I can’t remember what it was. So we walked up that way and Deputy Kade was just a couple feet in front of me. Deputy Kade had his shotgun in an up ready position, I had my pistol out – we didn’t know if the suspect was still armed or not. Once we got there Deputy Kade was where he could get full visual of the subject and I was just a couple of feet behind him, like I said. And Deputy announced our presence, he said “police let’s see your hands”. The subject turned around and he had his hand stuck out like he was holding something, which I couldn’t see at that time, and then when he went and raised his hand it appeared to be a rifle, because I was looking for a pistol but it appeared to be a rifle, and that is when Deputy Kade and I fired our shots.
CANADAY: Deputy Kade, how many shots did he fire?
HAJASH: He fired one with his .12 gauge shotgun.
CANADAY: Okay. How many rounds did you fire?
HAJASH: I fired two while he was still standing and then one
He fell and hit the ground he started rolling over in a fast motion and I could not see his hands, it was like he was going to shoot again, as we were trained to do I shot one more time until I could see his hands. Deputy Kade told me that he was unarmed to quit shooting.
CANADAY: Okay. So basically what you’re saying is you fired two shots in pretty close succession and then a third shot. The third shot there wasn’t a large amount of time between your second and third shot was it; I mean, you weren’t talking 10 or 15 seconds are you?
HAJASH: I’ll say the max 2 seconds.
CANADAY: Okay. And you said that you fired your third shot again because when he went down you couldn’t see his hands and you still felt that he was a threat because of his movement and you couldn’t see his hands?
HAJASH: It was like he was rolling over to shoot under the vehicle and I could not see his hands.
CANADAY: Is that what you thought he was going to do?
HAJASH: Yes, sir.
CANADAY: Okay. After you all disengaged what did you do?
HAJASH: We then approached the subject and realized that his firearm was at his feet and he could not reach it, and he appeared to already be deceased and that’s when I radioed for 911, shots fired send an ambulance up here for his care. We secured the scene, I cleared out the garage and Deputy was watching the immediate area to make sure nobody came around behind us.
CANADAY: Was he – whenever you all engaged him the first time, I understand there was no music, but was he inside the cab of his truck?
HAJASH: No, he was standing outside of it and he was facing in the cab, and when he turned around he turned around to his left. Do you understand that?
CANADAY: That would be – it seemed like he would turn to his right.
HAJASH: As I recall it he turned to his left.
CANADAY: So he would have turned all the way around?
HAJASH: He turned a long ways around?
CANADAY: So he turned the wrong way – he was facing his truck and he actually did more like almost a 360 rather than just turn and face you all directly?
HAJASH: That’s the way I recall it, yes.
CANADAY: Okay, Back to when you disengaged, do you remember Deputy Kade cycling another round through; do you know anything about that?
HAJASH: I was too zoned in on the subject watching him at the time.
CANADAY:Okay. Did you have any contact with anybody else after the shooting?
HAJASH: After we disengaged with the subject I went and made sure the garage was clear and nobody setting in it, because the garage door was open, like the car door bay was open. After I cleared that a female came out of the house where he lived at, and she asked what was going on and we advised her she needed to go back in the residence we would get back with her in a minute. She asked again and we told her it was a crime scene and that we would speak with her in a minute. She could see the subject on the ground, her next words were “who shot who” and we told her to go back in the residence and she did.
CANADAY: Okay. After you had cleared the garage and you had spoken to the female, who I think turns out to be Mr. Webb’s wife, did you all – obviously you walked up and checked on Mr. Webb, but aside from that, did you all have anything to do with the crime scene; did you move anything – speaking for you as far as you know, you or Deputy Kade, did you all do anything like that?
HAJASH: No, we didn’t do anything, we just set back and made sure nobody came out there and grabbed his firearm or did anything with him until Deputy Bircham arrived to assist us.
CANADAY: So you pretty much just secured the scene as is?
HAJASH: Yes.
CANADAY: I don’t think I have anything else, do you?
LILLY: Just briefly. When you guys were walking in prior to any of this going down, and I’m talking in the area of Mr. Webb’s house on Primrose Lane, did you see any neighbors whatsoever; did you see anybody or hear anybody?
HAJASH: No. There was no one that we seen or heard, just dogs barking, that’s the only thing we heard.
LILLY: Did you notice any lights on at any of the residences in the area?
HAJASH: I think there was a porch light on a couple of houses before his on the left, just a porch light not an inside light.
LILLY: That’s all I have.
CANADAY: Okay. I don’t have any other questions, we’ll conclude the interview..
Page 73 line 1
A That makes you a target when you roll in that way. You’re trained not to pull up in front of a bad situation like that.
Q Wouldn’t the siren and lights announce your presence as law enforcement?
A Yes.
Q And most times, aren’t you required to announce your presence as law enforcement?
A What do you mean?
Q Well, when you’re trying to apprehend a suspect, it’s generally – unless you’re in lethal danger to announce your presence, we are the police. Correct?
A Yes, you do.
Q Because you were the lead car, I guess it was your decision to leave the vehicles where you left them?
A No, There was just a wide spot and that’s where we pulled off at. Deputy Kade said park right there.
Q Okay. So you were talking to Deputy Kade as you were parking?
A Yes
Q Was this over the radio?
A Yes
Q And he told you to park there?
A. He said let’s park right here and that was a wide spot so that’s where I assumed he was speaking of.
Q Okay. Had you ever met Robert Webb prior to this call?
A No
Q Do you know if Deputy Kade knew or met Robert Webb?
A I have no idea.
Q Distancewise, do you know about how far the house was when you were heading from your vehicles?
A A quarter of a mile, rough guess.
Q Did you go in front of the Webb home at any point?
A What do you mean, walking or anything?
Q I meant walking, yes.
A Yes.
Q Okay. Did you walk to the front door?
A We walked to the front gate
Q Okay
A It was padlocked shut.
Q Okay. Did you try to get through the gate?
A No, it was locked.
Q Well, how do you know it was locked if you didn’t try to go through it?
A There was a padlock on it and it was snapped shut.
Q Okay. So you had to shine the flashlight on it?
A Yes.
Q When did you first see Robert Webb?
A When we were two houses down from his, we could see him walking from his truck to the garage.
Q So you physically saw him from what distance?
A From 50 to 70 yards probably.
Q Okay. And you literally saw him walking back and forth from his truck to his garage?
A I could see his upper torso and his head. That’s all I can recall seeing.
Q Okay. You could see that above – was there anything parked in the driveway.
A Yeah. It was going above his hood. The front end of the truck was blocking the view.
Q And there was a truck in the driveway?
A Yes.
Q Were there any other objects in the driveway?
A Not that I recall.
Q Could you see any portion of the driveway from where you were two houses away when you saw Robert Webb?
A No.
Q Could you see what he was doing walking back and forth from his truck?
A No, just his upper torso and his head.
Q Was he carrying anything?
A I couldn’t see.
Q When next did you see Robert Webb?
A When we were in front of the house, his music stopped and he walked over to his truck and we could see his feet underneath the vehicle.
Page 73 - 76
Q You could see his feet?
A And his head through the window, somewhat, the silhouette of it.
Q Do you know why he approached his truck?
A I’m assuming because his music stopped playing.
Q Did you hear say anything?
A He said, What the hell.
Q Okay. Was that right after the music stopped?
A Yes
Q Okay. After you saw him at the truck, you could see his head and his feet, could you tell what he was doing?
A It looked like he was messing with the radio trying to get it to start working again.
Q Was he leaning inside of his truck?
A Yes
Q Did you see him at any other point prior to announcing your presence?
A No. He was just standing right there.
Q Okay. At this point, were you in front of the house looking over the gate?
A We were behind his truck.
Q You were behind his truck?
A Deputy Kade was looking at him head to toe and I was behind the bed of the truck.
Q Okay. Let’s back up. After you got done with the front of the house when you realized there was a padlock on the front gate, what did you do next?
A Well, we were standing there trying to think of what we were going to do and the music shut off and when it shut off, we figured that was a good time to approach him because we didn’t want to startle him with the music blaring and hearing.
Q Did you discuss how you were going to proceed with Deputy Kade?
A No. We just said we were going up Primrose Lane because where you have to go to get to his driveway.
Q Okay. Did you stop at any point to observe him through the trees?
A You could see him as we were walking between the house and his hedgerow.
Q Okay. Did you observe him for any period of time? How long did you observe him?
A Not long.
Q And what did you see him doing?
A He was messing with his radio.
Q Okay. Did you believe him to be armed at that time?
A Not at that time, no.
Q At what point did you approach him?
A When the music stopped, we went up Primrose Lane and we approached him then.
Q Okay. How did you approach him?
A Deputy Kade told him, Police, let’s see your hands.
Q Okay. Did you run up to his truck?
A No. We were standing in the road.
Q. You walked up to his truck?
A We were still in the road but we walked up to behind his truck. I was behind the truck and Deputy Kade was looking at him head to toe.
Q Okay. Was he facing you or facing away from you?
A He was facing across in front of me but I was behind the truck.
Q So if you were behind the truck and Deputy Kade could see him head to toe, would he have been facing Deputy Kade?
A No.
Q Okay. Where was he facing?
A He was facing to mine and Deputy Kade’s right. He wasn’t facing away but he was semi facing away from us.
Q So he was facing his truck?
A Yes, the inside of it.
Q Okay. Did you wait till he turned away before you approached him?
A That’s how he was standing the whole time.
Q Okay. So you didn’t turn away. You didn’t wait for him to do anything before you approached him?
A No
Q Okay. And you say that you approached him and you get to the truck. You can see how much of him?
A From his upper torso, the same as I could see from before.
Page 77 – 80
Q Okay Was he still leaning in the truck?
A He was more or less standing up at the door on the outside of the truck.
Q Okay. Was the door open?
A Yes.
Q Where was he with regard to the door?
A In-between the door and the cab of the truck.
Q And what happened after that?
A That’s when Deputy Kade told him, Police, let’s see your hands.
Q Okay. And Deputy Kade could see him from head to toe from where he was standing?
A Yes
Q About how far were you standing from Deputy Kade?
A I would say about 10 to 15 feet, roughly, I guess.
Q How far were you from, I guess, the rear
passengerside of the truck?
A Just a couple of feet.
Q Okay. And did you have your gun drawn at that time?
A Yes
Q At what point did you draw your gun?
A We had it out when we were approaching to confront him.
Q Okay. Did you have it out before you approached the front of the house?
A No.
Q Okay. So after you decided to approach him on Primrose, you took out your semiautomatic at some point?
A Yes.
Q Do you remember at what point?
A I think when we were walking up Primrose.
Q Okay. How did you approach him? Did you approach him with the weapon pointed towards him?
A Right before Deputy Kade announced our presence, that’s when I aimed.
Q Okay.
A Before he announced, Police, let’s see your hands.
Q How did Deputy Kade approach Robert Webb?
A The same way I did.
Q Okay. He was carrying a tactical shotgun at the time?
A Yes
Q Did he have the shotgun pointed in front of him?
A Right before he announced his presence, yes.
Q Okay. And how did he announce his presence?
A I believe it was, Police, let’s see your hands.
Q Okay. What happened after that? How did Robert Webb react?
A He turned around and he had something in his hands. I couldn’t tell what it was and he raised it up to his shoulder and it was an AK-47.
Q Okay. How did he turn around?
A I believe he turned to his left.
Q He turned to his left?
A That’s what I believe.
Q Okay. And that’s kind of confusing, show me how he turned. He was facing inside of his car, inside of his truck, and his door is to his left. So he turned to his left and aimed at you?
A That’s what I always believed.
Q Okay.
A But my memory is a little blurry on that.
Q And he had something in his hand?
A Yes.
Q And based on his posture. what did you believe him to have in his hand?
A I didn’t think about it because I was looking for a pistol because that’s what we were told he had.
Q Okay. And at that point, what? What happened after that?
A Within a second or two, that’s when he raised it to his shoulder to the firing position.
Q Okay. He raised his weapon to his right shoulder?
A Yes.
Q Okay. And what happened after he raised the weapon to his right shoulder?
Page 81-84
A That’s when Deputy Kade fired his shotgun and I fired my handgun.
Q Okay. Who fired first?
A Deputy Kade.
Q And what happened to Robert Webb after Deputy Kade fired?
A He stumbled back still holding the rifle in his hands.
Q Okay. Did he hit the door?
A I can’t recall that.
Q Okay. How many shots did Deputy Kade fire?
A Just one.
Q How many shots did you fire?
A Two, three total.
Q After Deputy Kade announced your presence, what parts of Robert Webb’s body could you see?
A I could see his upper torso and his head and his shoulders.
Q Did you say anything to announce your presence?
A No. That’d be too confusing, two people doing that.
Q Okay. Your first two shots were at Robert Webb as he was on the other side of his truck toward his torso?
A Yes.
Q Okay. Do you know whether or not both those bullets hit Robert Webb?
A I don’t know.
Q Okay. Your third shot, can you tell me about that?
A He fell to the ground after he was shot. I believe my bullet hit him when he was still standing. And he fell to the ground and started rolling and all I could see was his – I think it was his feet or something. I don’t remember what it was. But he was rolling on the other side like he was going to start shooting at our feet from under the vehicle and that’s when I fired one more shot and then I could see his hands after that shot was fired.
Q Okay. Did you have to drop to one knee to see under the truck?
A No.
Q Okay. You could see under based on your angle?
A I think at that time he was coming out from the side or something. I can’t recall that, I leaned to the left.
Q Okay. He approached to the rear of the vehicle?
A Now, what was that?
Q He approached to the rear of the vehicle? I’m trying to figure out where you were when you had your third shot under the truck?
A I was standing roughly right behind where the license plate is.
Q Okay. This might work. The third shot that went under the truck, did you fire it behind the rear tires or in front of the rear tires?
A I didn’t fire under the truck. It was on the outside of the truck.
Q Okay. So it wasn’t under the truck?
A No.
Q So he was on the ground?
A Yes.
Q You could see his whole body at that point?
A No
Q Okay. What parts of him could you see?
A I could just see his shoulder and it looked like he was still holding the rifle. Like, he was laying on his back and was going to start shooting towards his feet which would have hit my legs and Deputy Kade’s legs.
Q Okay. So you fired a third shot?
A Yes.
Q And after that, you saw his hands?
A Yes. And that’s when I stopped and Deputy Kade said he’s unarmed at that time, stop shooting.
Q Did he roll over and expose his hands somehow after you shot or—
A After I shot, he finished rolling and his hands were just in sight at that point in time.
Q And Deputy Kade told you he was unarmed?
A After I seen his hands, yes.
Q I guess Kade was a superior officer?
A Yes.
Q Did he order you to stop shooting or just tell you to stop shooting?
Page 85 - 88
A He was just letting me know in case I couldn’t see his hands were empty when they were resting.
Q You did observe Robert Webb and you actually saw his physical person when you were looking at him through the trees prior to the approach. Correct?
A I could see a silhouette of his face and I could see his legs out from under the vehicle.
Q Okay. Was there any lighting in the driveway of the Webb home?
A The streetlight above the garage, on the garage.
Q There’s a streetlight on the garage, like a dusk-til-dawn?
A I believe so.
Q Okay. Was that one of the halogen lights?
A I believe so.
Q Okay. Once you got to the driveway area, was that a well-lit area?
A Yes.
Q As you looked at him through the trees, you could see him. You could see the silhouette of his body under the light.
A Yes.
Q Okay. And he had no idea that you were there. Correct?
Mr. Williams: Objection. Calls for speculation.
A I don’t believe so.
Q Okay. Based on his actions, did you believe that he knew you were there?
A Probably not.
Q Was it dark where you were watching him?
A I believe there was another street-light down the road that lit up where I was.
Q Okay. Did you have cover where you were observing him?
A No.
Q There were no trees, nothing that you could stand behind?
A Not when I was observing him, no.
Q What stopped you from announcing your presence at that point to determine his intentions?
A We were too far away to see if he was armed or not.
Q Okay. From the time that you arrived in the neighborhood when you parked your vehicles to the time of the shooting, did you ever hear one shot go off?
A No.
Q Did Robert Webb ever fire a weapon?
A Not at us, no.
Q Not at you?
A No.
Q I guess I should clarify the question. We’ve established that from the time you got there to the time of the shooting, you heard no shots.
A. No.
Q Okay. And Robert Webb never fired a shot at you or Deputy Kade?
A No.
Q And his weapon was not fired from the time you got there. Correct?
A No.
Q Okay. After the shots were fired, you called for EMS. Correct?
A Yes.
Q And that was you that did that, not Deputy Kade?
A Yes.
Q Okay. How long after the shots were fired did you call EMS?
A As soon as we seen he was unarmed, that’s when I got on the radio and yelled for help.
Q Okay. What did you do after you got on the radio and yelled for help?
A I walked over there and I didn’t want to touch him because he was so bloody and I looked at him and he didn’t appear to be breathing in anyway.
Q Okay. So after you called EMS, you walked to Robert Webb’s body?
A Yes.
Q Did Kade walk there with you?
A I believe he was behind me but I can’t recall that.
Mr. Williams: Is this a good time? Mr. Griffith: Do you need a break? ( Whereupon, there was a short break)
Q Mr. Hajash, we’re back on the record
Page 89 - 92
with regard to this deposition and I believe we left off where Kade had informed you that Robert Webb was unarmed and you could stop firing. And I was trying to figure out exactly where you were with regard to the truck and you told me. I’m going to try to find a blank sheet of paper here. Sir, if you wouldn’t mind, if you could kind of draw it out for us and show us where the driveway is and where the truck is and where you are and where Kade is and, you know, we’re not grading on artistic quality here. I’m just trying to get a general diagram of where you are so I can understand exactly.
A Now, what are you wanting to see? When I finally seen his hands or –
Q Yeah. I want to see the area that you approached and just show me where you ended up when the shooting occurred. If you want to put a “K” where Deputy Kade was and an “H” where you were, that would work.
Mr. Williams: You know, I just want to be sure. We’re depicting here the positions after the shots were fired.
M
Mr. Griffith: At the point the shots were fired.
Mr. Williams: Oh, at the point the shots were fired.
Mr. Griffith: At the point the shots were fired. I’m just trying to figure out.
Q And just to be clear, actually, my partner here was telling me I’m not very clear about where your third shot was, too.
A In the same spot.
Q Okay. Can you tell me – go ahead. Go ahead. I’m sorry.
A Oh, I’m done.
Q You’re done?
A Yeah.
Q Okay.
A Well, for the third shot – no, actually there are five shots. Right?
Q I’m actually asking where Kade fired his first shot.
A Okay. He stayed in the same spot as far as I know and I stayed in the same spot. That’s where he was before it started.
Q Okay. And were you standing in the same spot that you’ve drawn on this diagram when you fired your third shot?
A Yes.
Q Okay. So as I’m taking it, you were I think you said, a couple of feet off of the rear bumper.
A Yeah. Right behind the tailgate.
Q Okay. And then you were able to fire around, not under the truck?
A By the time he went from there and fell, I could see, like – I didn’t see his hands but I could see his shoulders and stuff. That’s when I fired my third shot. Then I believe it was his right arm I seen come over.
Q Okay.
A And to hold a rifle, you have to have both hands so –
Q Okay. And I was asking you, you know, which way you turned and another way I can look at it. When he turned and pointed something at you, did he turn clockwise or counterclockwise?
A I believe he turned counterclockwise but –
Q And he raised –
A –something—
Q to his right shoulder?
A –after he had already stopped turning and, like, seen Deputy Kade.
Q Uh-huh, (yes).
A Before he raised it, he eyeballed Deputy Kade for a couple of seconds.
Q Okay. So a couple of seconds went by between –
A Maybe, two seconds but it seemed like linger.
Q So maybe it was two seconds and then he – two seconds before he turned or two seconds before he raised his weapon allegedly.
A He turned around and he was stopped and had the rifle down and looked at Kade like he knew where he was going to aim the rifle and then raised it.
Q And the way he raised it, I mean, he raised it to take aim?
A Yeah. He put it to his shoulder in the firing position.
Q And the firing position is the gun to the right shoulder and the left hand holding the gun. He was actually holding the gun up? <
p>Page 93-96
A Yes
Q Okay. And at that point, Deputy Kade fired the first shot?
A Yes.
Q And you fired immediately after, almost simultaneously?
A Yes. He was still holding the rifle and I shot twice.
Q Okay.
Mr: Griffith: If there are no objections, I’d like to attach the diagram as Exhibit A.
Mr. Williams: I have no objection to it being attached. Just a notation that it’s obviously not to scale –
Mr. Griffith: Oh, absolutely.
Mr:Williams: -- and to his best recollection and that’s all.
Mr. Griffith: Absolutely, I’m with you, Chip. (Whereupon, Hajash Deposition Exhibit A was marked for identification purposes)
Q And correct me if I’m wrong, I think we were at the point where I asked you what you did after the shooting was over and you told me that you approached Robert Webb’s body?
A Yes.
Q Okay. And do you remember if Deputy Kade approached Robert Webbs body?
A He was behind me and I really can’t recall.
Q Okay. When you approached Robert Webb’s body, were you still cautious at that point? Did you still have your weapon drawn?
A Yes. Because I didn’t know if someone else was in the garage because the garage door was open.
Q After you reached Robert Webb’s body, did you look at Robert Webb? <
Q Okay. And I think you said you did not touch him?
A No. He had too much blood on him and I didn’t have Playtex gloves.
Q Okay. So did you check his vitals in any way?
A I looked at his chest because you could see it and I was looking for his movement and I didn’t see none.
Q Okay. It did not appear like he was breathing?
A No. He was not moving whatsoever.
Q Okay. What did you do after that?
A I went and cleared the garage and made sure no one else was in there.
Q Okay. When you say you cleared the garage, you approached the garage with your handgun drawn?
A Yes.
Q And you went through. Was the garage lit?
A I can’t remember. I remember I had my flashlight anyways.
Q Okay. So were you holding your flashlight and your weapon?
A Yes.
Q Okay. After you cleared the garage, what was Deputy Kade doing while you were clearing the garage?
A I believe he was still out in the driveway, keeping an eye out making sure nobody snuck around on us.
Q Okay. What happened after that, after you cleared the garage?
A We were waiting on the EMS and our supervisor to get there.
Q Okay. Did you talk to Deputy Kade after the shooting?
A One thing I remember him saying is he can’t believe we had to just shoot somebody because he was going to shoot us.
Q Okay. Did you speak to anybody else?
A Ms. Webb came out of her house and asked what was going on.
Q Okay. And what did you tell her?
A We told her to step back inside and we’d be with her in a minute.
Q Okay. When you said we told her, did you say that?
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A Yeah, I said that.
Q Okay. Did she step back inside?
A I think she asked again and I told her the same thing.
Q Okay.
A Then finally, she looked – she could see under the truck, I think, from her house. It’s lower than the driveway. She looked at him laying in the driveway and asked who shot who.
Q Okay. Did you tell Ms. Webb that if she did not go back in her home she would be arrested for obstruction?
A I can’t remember saying that.
Q Okay. How long did it take EMS to get there? That’s what I want to ask?
A I can’t even remember. It seemed like forever but –
Q Okay. Did you see a weapon when you approached Robert Webb?
A It was at his feet where he dropped it. When he fell, I guess he dropped it.
Q Okay. Where was it? Was it between—where was it in association with the truck?
A Right below the driver’s side door.
Q Okay. Did you touch the weapon?
A No.
Q So the weapon remained in the exact same position that it was in after the shooting as when EMS and the other people arrived?
A Yes.
Q Okay. So neither of you checked to see if the weapon was loaded?
A No.
Q Neither of you checked to see if the weapon had a safety feature?
A I didn’t. I don’t know if Deputy Kade did or not.
Q Okay. At anytime during the investigation, was Deputy Kade out of your sight?
A No. We were always in each other’s sight.
Q. Okay.
Mr. Williams: I’m going to object to the form because you said during the investigation.
Mr. Griffith: You’re right. You’re right. I’ll ask it again. I’ll reask.
Q During anytime that you and Deputy Kade were in the area after the shooting alone with no one else around, did Deputy Kade leave your sight?
A Not till our supervisor got there to relieve us.
Q Okay. And during that entire time, did you see Deputy Kade touch the weapon?
A No.
Q Was the weapon ever checked by you or Kade to see if it was loaded?
A Not that I’m aware of.
Q Was it ever checked to see if the safety was on ever?
A You mean by me or Kade?
Q By you or Kade?
A Not by me.
Q Okay. Did you speak to anyone in the neighborhood?
A No.
Q After the shooting, did any people come out of their homes?
A The neighbor directly across from their driveway come out and told his dog to shut the hell up. Then he walked back in the house.
Q Okay. He did not speak to you or Deputy Kade at all?
A No.
Q Did he approach the shooting scene at all?
A. No.
Q Did you personally ever speak with any person in the Webb family?
A No.
Q Okay. At any point, did any other members of the Webb family come to the area?
Q Okay. Who was the first to arrive at the site of the shooting after the shooting was completed, the first person either the Raleigh County Sheriff’s Department or the EMS?
Q Did several people come out there?
Q Police, the EMS? About how many people total between police and the EMS came out to the shooting scene?
Q Okay. Can you tell me, if you know, the 11 people who were there after the shooting occurred?
Q And you don’t know those people?
Q How many EMS vehicles showed up?
Q I know you said it seemed like it took forever for other people to get there but do you know an approximate time on how long it took the first person, Deputy Bircham, to get there?
Q Okay. Assuming it was Deputy Bircham, what did he say to you?
Q Okay. Bircham, Moore, Tanner, Canaday. Do you know what order yhey arrived in? Did some of them arrive together?
Q Okay.
Q Okay. What did Deputy Bircham do when he arrived on the scene?
Q Okay. During the time that you were waiting for these other people to arrive, these other deputies and these EMT’s. what were you and Deputy and Kade doing?
Q Okay. It took approximately less than ten minutes for the next person to arrive on the scene. About how long did it take for EMS to get there?
Q Okay. Were they given access to the body immediately upon arrival on the scene?
Q Okay. So they were not denied access to Robert Webb’s body for 20 minutes?
Q Okay.
Q Okay. Was there some form of sheet or cloth or tarp, whatever, that was placed over the fence in the Webb yard to obscure the scene from view from the Webb house?
Q Uh-huh, (yes).
Q Okay. As soon as the second person, Deputy Williams, showed up on scene, he ordered you and Deputy Kade to return to your vehicles?
Q Regardless, you were ordered after the second person arrived on the scene to leave the area?
Q Okay.
Q Okay. So when the second law enforcement personnel got there, he ordered you and Kade Page 105 – 108
Q Were you given any other orders at that time?
Q Okay. Were you told to stay in your vehicles, to sit in a vehicle together, it didn’t matter?
Q Okay. Other law enforcement did not park in the same area that you and Deputy Kade did?
Q Okay. So you walked to that area to speak to them?
Q Okay. I’m getting a little confused here. I’m trying to figure out. The second law enforcement personnel that got on the scene ordered you and Kade to go somewhere. Where were you ordered to go?
Q And that’s what you did?
Q So what did you do once you got to your cruisers?
Q Okay. And they were all coming to look at the scene?
Q Did you assist in closing off the crime scene?
Q Okay. You got a statement after the shooting occurred. Correct?
Q And that was I think we established earlier a couple of days after the shooting possibly?
Q Did you speak to anyone regarding your statement before that statement was taken?
Q Did you speak to anyone regarding your statement prior to that statement being taken?
Q You gave two different statements?
Q Okay. The statement that you gave the night of, was that recorded?
Q Do you know who took that statement?
Q And Lilly and Canaday were asking questions?
Q And who took your second statement?
Q Okay. When they took your statement the night of the shooting, did you see any kind of recording device?
Q Okay.
Q Okay. I think we established at the very beginning of this deposition that you reviewed a statement prior to this deposition.
Q Was that the statement that you gave to Canaday and Lilly?
Q Okay. It was the statement that was taken two or three days later?
Q. Okay. Take a look at this. If you want to take a look at this statement please, is that the statement you reviewed? And feel free to read the whole thing if you need to. Is that the statement that you reviewed in preparation for today’s deposition?
Page 109 - 112
Mr. Griffith: Let’s go ahead and attach this as Exhibit B.
(Whereupon, Hajash Deposition Exhibit B was marked for identification purposes)
Q So this statement was taken two to three days after the shooting?
Q Okay.
Q Okay.
Q Did you speak to Deputy Kade prior to giving the statement the night you gave the statement to Deputies Lilly and Canaday?
Q The night of the shooting, did you speak to Deputy Kade about the statement that was to be taken?
Q Did you speak to anyone else?
Q Okay. When you gave that statement to Canaday and Lilly, where were you? Were you at your cruiser?
Q Okay. You’d gotten back to the Sheriff’s Office?
Q About what time did you give that statement?
Q Around 4:00 A.M.?
Q After you were ordered to go back to your cruisers by whomever ordered you to do that, how long were you at your cruisers?
Q Okay. Do you remember what time about the shooting occurred?
Q Okay.
Q Did you do anything else after the shooting?
Q Did you finish your shift that night?
Q No more calls?
Q Okay. Did you go directly from the Webb home to the Raleigh County Sheriff’s Department?
Q Okay. What time was that?
= Q Okay. What were you doing once you got back to the Raleigh County Sheriff’s Department?
Q Okay. And they got there around 4:00 A.M.?
Q Okay. What were you doing specifically while you were waiting for Lilly and Canaday?
Q Okay. Did you have something to eat. something to drink?
Q Okay. Did you speak to anybody?
Q Was anybody else present when this statement was taken?
Q Okay. Were you and Kade questioned together by Canaday and Lilly?
Q You were questioned separately?
Q Was Deputy Kade present when you were questioned?
Q Were you present when Deputy Kade was questioned?
Q What time did you receive your Page 113 – 116
Q Okay. What did you do after your statement was taken?
Q Okay. Did you give your statement first or did Kade give his first?
Q Okay. After your statement was given. you said you were waiting somewhere. Where were you waiting?
Q Okay. What were you waiting for?
Q Okay. What was the next thing you were told by your superiors?
Q Okay. And is that what you did?
Q Were you given any form of drug or alcohol screen after the shooting?
Q Did you have any medical checkups after the shooting?
Q Okay. You had a psychological checkup after the shooting?
Q When was that?
Q Who was that that who did the psychological evaluation?
Q Mike Johnson. Was Mike Johnson the person who gave you your psychological test prior to becoming an officer?
Q Do you remember who gave you your psychological evaluation prior to your becoming an officer?
Q Okay. So it was at the office where Mike Johnson is located?
Q. Okay. How long was your psychological evaluation with Mike Johnson after the shooting?
Q Okay.
Q When you met with Mike Johnson, did you discuss the shooting?
Mr. Moore: I have an objection. You’re in privileged territory now. You’re talking about his psychological records and I’m not going to let him answer those questions at this time. We’ll take it up with the judge at sometime in the future and if I get ruled against, we’ll make him available again.
Mr.Griffith: Okay.
Mr. Moore: But for the time being, I’m going to object to questions regarding his psychological records.
Mr. Griffith: Okay
Q Did you work as an officer between the time that the shooting occurred and you met with Mike Johnson?
Q Did Mike Johnson clear you to return to work?
Q Did you meet with anyone other than Mike Johnson?
Q Had you met Mike Johnson prior to the time you met him after the shootings?
Q Had anybody at the Raleigh County Sheriff’s Department told you anything about Mike Johnson prior to your meeting with him?
Page 117 - 120
Q Do you know if Mike Johnson is a psychiatrist?
Q He’s a counselor?
Q So do you know if he has a psychiatry or a psychology degree?
Q Do you know if he has a title?
Q Do you know if Deputy Kade saw a counselor, psychiatrist or psychologist after the shooting?
Q You believe he saw Mike Johnson?
Q Did he see Mike Johnson on the same day that you saw Mike Johnson?
Q Did you travel to Mike Johnson’s office together?
Q What time was your appointment at Mike Johnson’s?
Q Okay. Do you know what time Deputy Kade’s appointment was?
Q Do you know if Mike Johnson cleared Deputy Kade for duty?
Q Do you know if Mike Johnson has cleared other Raleigh County Sheriff’s Department deputies for duty?
Q Has anybody told you that Mike Johnson has cleared any Raleigh County Sheriff’s Department deputies for duty?
Q Were you ever told that Mike Johnson specifically is retained by the Raleigh County Sheriff’s Department to clear people for duty?
Q Did you ever meet with Mike Johnson after the appointment that you had?
Q You met with him after the appointment after the shooting occurred?
Q When was that?
Q Two, four, six, eight months?
Q And how many months was that again, you think, before you saw Mike Johnson again?
Q Okay. In Requests for Admissions we served on you previously – do you remember going over some Requests for Admissions?
Q Okay. We had asked you Request for Admission No. 21 previous in this case to admit that you were off work for a period of time of multiple months following the shooting of Robert Webb and your response was, “This Defendant admits that he was off work on a medical leave however he worked immediately following the shooting and continued to do so for 8 ½ months prior to this medical leave.” Did I read this correctly?
Q And that was your response to this question. Correct? Q Okay. Did you see Mike Johnson in that 8 ½ months?
Q Okay. Why did you see Mike Johnson?
Mr. Moore: Objection.
Mr. Williams: I’m going to object to the relevance of this entire line of questioning. Obviously, I’m going to instruct the Page 121 - 124
Mr. Griffith: Okay.
The witness: Do I still answer?
Mr. Moore: No, don’t answer. Just for the record, I believe your question was why did you see Mike Johnson. I’ve raised the privilege and instruct him not to answer.
Mr. Griffith: Okay.
Q Well, let me ask you this, was your visit with Mike Johnson after your visit after the shooting? You had a visit after the shooting and then you had another one later? Was it just one more visit?
Q Okay. And was it related to the psychological evaluation that the Raleigh County Sheriff’s Department needed you to have?
Mr. Williams: Objection.
Mr. Griffith: Let’s attach these as Exhibit 3. I’ll probably be going back to these.
(Whereupon, Hajash Deposition Exhibit C was marked for identification purposes)
Q Why were you told by the Raleigh County Sheriff’s Department that you were being sent to see Mike Johnson?
Q Okay. Were you told prior to your appointment who you would be seeing?
Q Okay. Were you given any information on the person’s qualifications?
Q Their background?
Q Any background they had with the Taleigh County Sheriff’s Department?
Q Did you ever meet with any other doctors with regard to the Robert Webb shooting?
Q Well, did you ever meet with a Dr. Syed?
Q Okay. What was Sheriff Moore’s reaction to your meeting with Dr. Syed?
Mr. Williams: Objection as to relevance. And just so I don’t have to keep interrupting your questioning, I’m going to have a standing objection to the relevance to this entire line of questioning.
Mr. Moore: What was your question again? What was Sheriff Moore’s –
Mr. Griffith: What Sheriff Moore’s reaction?
Mr. Moore: Reaction. Thank you.
The witness: Still answer that or –
Mr. Williams: Yeah. You can answer that.
A He didn’t like it because I went outside of the doctor that they were paying for and started paying for my own.
Q You know, I didn’t go over this. Have you ever been involved in a lawsuit before?
Q Have you ever been involved in any claims of excessive force?
Q How many claims of excessive force?
Q Who made that claim of excessive force?
Q Okay. Do you remember the incident of where the claim arose?
Q What incident was that?
Q Okay. What happened at the hospital with the mental patient?
Page 125 - 128
Q Okay. And that was the situation that resulted?
Q Okay. Were you investigated for this claim of excessive force?
Q Who were you investigated by?
Q Okay. Do you know why the FBI was brought in?
Q Do you know who brought in the FBI, who called them?
Q Okay. Was the FBI ever brought in with regard to the shooting of Robert Webb?
Q Did you file any form of Workers’ Compensation claim after the shooting of Robert Webb?
Q Why did you file that?
Mr. Williams: Standing objection as to relevance.
Q Are you represented by counsel in that Workers’ Compensation case?
Q Were you ever represented by counsel in that matter?
Q What’s the status of that claim?
Q Okay. How did Sheriff Moore react to your filing a Workers’ Compensation claim?
Mr. Williams: Objection to relevance.
Mr. Moore: You can answer
Q Looking at Deputy John E Hajash’s Supplemental Responses To Plaintiff’s First Set of Interrogatories and Request For Production of Documents –
Mr. Moore: Which one?
Mr. Griffith: I’m actually going to go through a bunch of them.
Mr. Moore: Okay. Go ahead. I’m sorry.
Q If you want to, take a look at them. Do you remember looking at these questions that we sent to you?
Q Okay. Do you remember answering them?
Q Can you flip to the last page there?
Q The very last page. That’s a verification. Correct?
Q And you signed that verification?
Q And when you signed that verification, did you understand that you were signing a verification that those questions were made truthfully and were sworn under oath?
Q Okay. Let’s flip to Question No. 17. We asked for you to, “State fully and in detail the current status of your employment with the Raleigh County Sheriff’s Department. If you are no longer employed by the Raleigh County Sheriff’s Department, please state: (a) whether you voluntarily resigned your position of employment or whether employment was terminated by the Raleigh County Sheriff’s Department; (b) the date you last reported for duty and worked a full shift as an employee of the Raleigh County Sheriff’s Department and (c) the reasons you believe you are no longer employed by the Raleigh County Sheriff’s Department.” Did I read that correctly?
Q And you answer was to (a) you were terminated while off on unpaid medical leave.
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Q You were terminated on Mar 15, 2007.
Q Okay. And the answer to (c) the reason you were no longer employed, you said, “Because Steve Tanner and Danny Moore did not like me and did not care about me enough to help me with my problems. These two saw an opportunity to terminate my employment since I was on unpaid medical leave and they did.” Did I read that correctly?
Q Okay. To what problems are you talking about in this answer?
Mr. Williams: Standing objection as to relevance.
Q You can answer.
Q Okay. And you also state that Steve Tanner and Danny Moore did not like you. Why do you think they didn’t like you?
Mr. Williams: Objection. Calls for speculation and relevance.
Mr. Griffith: Okay.
By Mr. Williams
Q Do you know why they didn’t like you?
Q Okay. Have you formed a belief as to why they did not like you?
Q What is that belief?
Mr. Williams: Calls for speculation.
By Mr. Griffith:
Q Okay.
Mr. Griffith: Could I attach that as “C”? Or that’s “D”.
(Whereupon, Hajash Deposition Exhibit D was marked for identification purposes)
By Mr. Griffith:
Q Who fired you from your position with the Raleigh County Sheriff’s Department?
Q. Okay. Do you still have that Letter of Termination?
Q Okay. Did it state a specific reason as to why you were fired?
Q There was an incident while you were employed by the Raleigh County Sheriff’s Department that occurred at the Crossroads Mall. Correct?
Q Can you tell us what happened there?
Q Did this occur on May 11th of 2006.
Q In March of 2006?
Q Okay. Were you involved in an altercation with these youths?
Q Okay. Was your service weapon taken from you during that altercation?
Q Okay. What about your sprayer?
Q Did they attempt to take your service weapon from you?
Page 133-136
Q Okay. Did you receive any type of disciplinary action as a result of that incident?
Q Were you on the evening shift at the time of the Robert Webb call as a result of the conduct that occurred at the Crossroads Mall?
Q Okay. At some point during your employment with the Raleigh County Sheriff’s Department, were you permitted by the Sheriff to come and work in the station only in jeans?
Q You were not?
Q You were allowed to come to work in plain clothes and just work in the station?
Q Sometime after you went on medical leave, did you have any conversations with Chief Moore or Deputy Tanner about the Robert Webb shooting?
Mr. Williams: Standing objection as to relevance.
Mr. Griffith: Okay.
By Mr. Griffith:
Q And at some point, you began taping conversations with Sheriff Moore?
Q And you taped some conversation with Deputy Tanner?
Q How many tapes were made? How many times did you tape them?
Q Okay. Why did you begin taping these conversations with these people?
Mr. Moore: Let me enter an objection because I don’t see where these tapes or conversations have any bearing or relevance even as far as Discovery is concerned but you may go ahead and answer the question. Mr. Williams: Again, I’m going to note a standing objection rather than to keep objecting about the questions. Just note that this entire line I have a standing objection to as to relevance.
Mr. Griffith: Okay.
By Mr. Griffith:
Q So why did you begin taping conversations with these people?
Q Okay. Why did you believe you needed covered in case they fired you?
Q Was there something specific that was said to you that caused you to begin taping these conversations?
Q Okay. Which deputy told you it was a good idea?
Q Keith?
Q Harold?
Q And why did Keith tell you it was a good idea to start taping?
Q What did he tell you? Why did he say that it was a good idea to start taping? Did he tell you why he told you that?
Q Okay. Were you specifically threatened by anyone which caused you to start making these tapes?
Q What about before this deposition, did anybody speak to you about your testimony?
Q Other than your lawyer?
Q Okay. At one point, did you give these tapes to a third party?
Page 137 - 140
Q When you gave these tapes to this third party, did you explain you wanted these tapes preserved for the Webb family in case something happened to you?
Q Okay. Why did you tell this third party – well, how many third parties did you give them to?
Q Okay. What were you concerned about happening to you that would require you to give these tapes to a third party?
Q Okay.
Q Okay. And what were the discussions that occurred on these audiotapes?
Q Okay. Do you still have copies of these audiotapes?
Q You have an audiotape with Tanner?
Q You have burnt CD’s?
Q So you have burnt CD’s of both tapes?
Q Just one. Okay. Who is that audiotape with?
Q The audio recordings are with Tanner alone?
Q And you currently only have possession of the audio recording of you and Deputy Tanner?
Q Okay. What was discussed on these audiotapes?
Mr. Williams: Objection. Asked and answered.
Mr. Moore: Go ahead.
By Mr. Griffith:
+Q Okay. Was the shooting of Robert Webb discussed on these audiotapes.
Q Okay. Did you ever rehash the events which led up to the Robert Webb shooting on these audio tapes, audio recordings?
Q Remember, talk about and go into detail about what occurred, how you and Deputy Kade led up the street and went to Robert Webb’s home?
Q Okay. Does that story on these audio tapes match with the story which is in the official police report?
Q Okay.
Mr. Moore: Can we go off the record for a second?
Mr. Griffith: Yes
(Whereupon, there was a short break in the proceeding)
Mr. Griffith: I’m just putting on the record that we had a discussion with Mr. Hajash’s counsel during the break where we discussed the tapes that were brought up precviously in the deposition testimony. We’ve agreed to provide him with a copy of the tapes. We’re not going to ask any questions regarding those tapes or what’s on them today so that Mr. Moore has the ability to review them and at a later date we can come back and depose Mr. Hajash with regard to those issues.
Mr. Moore: That’s all correct.
By Mr. Griffith:
Q Mr. Hajash, I don’t have a whole, whole Page 141 - 144
Q Were you ever tested on it?
Q Were you ever given any kind of indication to show that you knew the policies that were contained in the Raleigh County Sheriff’s Department Policy Manual?
Q Okay. Just had to sign saying that you receive them?
Q Okay. When you did your Academy training, were you given any specific training on vehicles?
Q Cruisers, how to operate them, the method of approach?
Q Okay. What about when walking upon a scene, were you given specific instructions on how to approach situations?
Q Okay. Were you given training at the State Police Academy on when to leave your vehicles behind as to when to use your vehicles?
Q Okay. It’s based on officer discretion when to leave the vehicle?
Q Is there any specific instruction on in this situation, you’re going to need your cruiser and in this situation, you are not?
Q Okay. What about method of approach on foot to the scene as the Robert Webb scene, were you given any training on how to use cover in those situations?
Q Okay. Were you given any instruction on how to announce your presence?
Q Okay. When you approached Robert Webb at his truck, did you have any form of cover?
Q Prior to your approach, what was your cover?
Q Okay.
Q Were you given training on cover and concealment?
Q Okay. What kind of training were you given on cover and concealment?
Q Well, you said that you had concealment cover when you approached Robert Webb’s home, I guess the shrubberies. Is that what we’re talking about?
Q Okay. Were you taught to use that visual cover?
Q Were you taught to use that visual cover when you announced your presence?
Q You testified earlier that your sidearm is a Glock 23.
Q That’s a 40-caliber Glock?
Q Were you given specific training on that particular weapon?
Q Okay. That particular weapon, the Glock 23, it has no safety feature other than what is built in the trigger. Correct?
Page 145 – 148
Q But when you approach the scene and when you’re taught to use that weapon, are you taught to keep your finger on the trigger or off the trigger?
Q And that’s because the only safety feature is the trigger. Correct?
Q When you approached Robert Webb’s house – and that’s another thing – when you approached Robert Webb’s home, when did you remove your service weapon from its holster?
Q Okay. Was it before or after you saw Robert Webb?
Q Could you observe him through the bushes in front of his home?
Q Okay. So as soon as you began walking or as you approached the vehicle?
Q When you announced your presence, was your weapon drawn and pointed down or drawn and pointed toward Robert Webb?
Q Okay. Was Deputy Kade’s weapon drawn on Robert Webb?
Q It was pointed at him, not the ground?
Q I’m also trying to figure out if I’ve got this. One more time, I’m going back to the last shot that occurred. And you said you shot not under the truck but around the vehicle?
Q And I’m just curious. Are you right-handed or left-handed?
Q So you were able to reach around and shoot?
Q When you received the call with regard to Robert Webb, you were told that Robert Webb was – well, there was a suspect. You didn’t know it was Robert Webb obviously but there was a suspect shooting at his own residence?
Q And you took that to mean that Robert Webb was shooting at his own home?
Q That he was not simply shooting in the general area?
Q Did you later learn whether or not he was shooting at his own residence?
Q Okay. As a police officer, firing a weapon in a residential community, is that a crime?
Q What kind of crime is that, a felony or a misdemeanor?
Q We had talked about your training and you had said that you were specifically trained to turn your lights off as you were approaching a residential community for, say, a domestic call.
Q Who specifically trained you to do that?
Q Every single one you ever rode with said that?
Q Okay. Was there anybody that said not to do that?
Q When you go to a home, say, a domestic call and you pull up and you knock on the door, do you have your service weapon pulled?
Q Do you have your hand on it in case you have to pull it? Q Is that officer discretion as well? Page 149 - 152
Q Was this the first shooting incident you’ve ever been involved in?
Q Was it the first time you’d had to draw your weapon?
Q About how many times during your time with the Raleigh County Sheriff’s Department did you have to draw your weapon?
Q Can you give me some idea of bunches.
Q Okay. So maybe 10 times?
Q More than ten?
Q When you arrived on the scene and parked your vehicles, did you see any residents of that community outside of their home?
Q Any persons outside?
Q Did you see anybody who would have observed you walking from your vehicles to Primrose?
Q Just the one vehicle?
Q You saw no individual people?
Q Just so I’m clear, when you approached Robert Webb, you were aimed at him with your service weapon before you announced?
Q As a young police officer when you were hired, a young deputy, were you qualified, had you been qualified in any way to pronounce death on the scene?
Q Okay. Who is supposed to pronounce death?
Q Okay. Is there any training, specific training, that you received that gave you discretion as to whether or not preservation of a crime scene is superior to having EMS check a patient?
Q There is no discretion?
Q There was no training on that?
Q Okay. Was there any discretion given on that?
Q That was up to your discretion whether or not the crime scene was more important than the EMS?
Q When we talked about the incident that you had where you had a prior excessive force, do you remember the time period that was?
Q Okay. Was it before the Robert Webb incident?
Q The FBI was brought in to investigate that. Correct?
Q What kind of injuries did that suspect sustain?
Q Okay. And as we sit here today, are you aware of whether the FBI was brought in to investigate the shooting of Robert Webb?
Mr. Williams: Objection to form.
By Mr. Griffith:
Q Okay. Do you know if they were brought in, the FBI?
Mr. Williams: Objection to form.
By Mr. Griffith:
Q While you were on the way to the Webb home in your cruiser and I guess Kade was behind you in his cruiser, you were calling dispatch asking for updates. Correct?
Q You asked for a physical description. Did you ever ask for dispatch to call the Webb home?
Q Could you have asked for dispatch to call the Webb home to determine the situation?
Page 153 - 156
Q I noticed that you have a tatoo on your right inside forearm.
Q What does that say?
Q Okay. I guess, does it lead all the way up to your shoulder?
Q Okay. When did you receive that tatoo?
Q Can you tell me around the date you received it?
Q Can you tell me the significance of that tatoo?
Q Okay.
Q Does that tatoo have any relevance to the shooting of Robert Webb?
Q Okay. Do you have any other tatoos?
Q Okay. Where are those?
Mr. Griffith: That’s all I have for now. Thank you very much, Mr. Hajash.
Mr. Williams: No questions
Mr. Moore: We don’t have any questions. We’ll waive.
(Witness Excused) (Whereupon, the deposition was concluded)
A Not while I was there, I do not believe.
A I believe Deputy Bircham showed up but don’t hold me to that. I believe.
A You mean police or –
A I think about 11 after the Sheriff and everybody came out, somewhere around there. And detectives and all that.
A After it occurred, there was Sheriff Moore, Tanner, Canaday, Lilly, Bircham and Williams. Of course, myself and
Deputy Kade was there and the numerous EMS people.
A No.
A I know at least two showed up but for some reason, I was thinking three.
A Probably less than ten minutes I believe.
A He asked if we were all right.
A I don’t recall.
A It was Bircham and then Williams but I can’t remember from there.
A I can’t recall.
A Mainly just standing there waiting still.
A Not too long after Bircham, I do believe.
A Yes. I told them to let Bircham take a picture of him, the way he is, before they cut his clothes off of him. Because EMS will tamper with crime scenes.
A No.
A I said, let him take a picture then they could check him.
A Once, I think once Lieutenant Williams got there, he ordered myself and Deputy Kade to go back to our vehicles.
A And that’s the last time we were around the scene.
A First, I’d take names down of the EMS workers before he ordered us to do that. I believe he was the one that ordered us to do that.
A I believe EMS was there but I’m talking second law enforcement.
A I believe EMS was already there at that time.
to go back to your vehicles?
A Yes.
A Just to go to our vehicles.
A We stayed up there for a while and then we come down to where everybody else was, not at the scene but on down the road closer than what we was, where they parked their vehicles.
A No. They parked right in front of the Webb residence.
A No. They walked up to where the scene was.
A To our cruiser parked at the end of Cabell Heights Road.
A Yes.
A That’s when all the detectives and the Sheriff and Tanner was coming by and they stopped and checked on us.
A They were coming to do their investigation or whatever they did.
A No. Lieutenant Williams did that. We just kept it contained where nobody could come in it til he got there.
A Yes.
A Yes.
A What do you mean?
A No. I gave two statements, like, two times to the detectives.
A Yes. I think one of them was the night of and the other was two days later.
A I believe so but I can’t swear to that.
A Lilly and Canaday.
A I believe so.
A The same two.
A I can’t recall.
A I would assume there was one but I can’t recall.
A Yes.
A Yeah. I think it was two or three days later, that statement.
A Yes.
A I believe so. I believe that’s the same one.
A I believe so.
A They’re going to be the same because my story has never changed.
A Because it was so close together, it was still fresh.
A What do you mean the night, of the shooting or—
A No.
A Not that I recall.
A We were at the Sheriff’s Office.
A Uh-huh (yes).
A I think it was around 4:00, somewhere around there.
A I think so.
A I can’t recall.
A Right after 1:00.
A A couple minutes after.
A You mean anymore calls?
A No.
A No.
A Yes.
A Three something, probably.
A We were waiting on Lilly and Canaday to get ready to take statements.
A We took the statements in the 4:00 hour somewhere.
A I can’t remember, just waiting for them to be ready.
A Not that I recall.
A No.
A I don’t believe.
A No.
A Yes.
A No.
A No.
statement?
A It only took a couple of minutes, I think.
A I think I went out there until they came out to do them with us and told us to go home.
A I can’t recall.
A Just in the building somewhere.
A To make sure they were done with us and didn’t need us for anything else or any more questions.
A They told us to go home.
A Yeah.
A No.
A A psychological.
A Yes.
A A couple days later before we could return to work.
A It was Mike Johnson.
A I don’t think so.
A It was at that same doctor’s office but I don’t remember who gave it to me.
A Yes.
A Maybe an hour.
A I think.
A Yes. Q What was discussed?
A No.
A Yes.
A No.
A No.
A No
Q Do you know if Mike Johnson is regularly used by the Raleigh County Sheriff’s Department?
A I know that office is. I don’t know if he is or not. There’s a couple of people in that building.
A He’s a counselor, I believe.
A Yes.
A No, I don’t.
A No.
A I think he seen the same person I did.
A Yes.
A Yes.
A No.
A It was in the morningtime.
A Before mine.
A I believe so.
A I have no idea.
A No.
A No. That was just always my assumption. Well, that office, not him in particular.
A Yes.
A Yes.
A Months down the road. I can’t remember when exactly.
A I’d say at least four or five, maybe. I can’t recall.
A I can’t remember if it was before the first of the year or after it. And I went off work in March, so it was definitely before then.
A Yes.
A Yes.
A Yes.
A Yes.
witness about it but just note a standing objection to the relevance to the line of questioning.
A I believe one or two.
A I don’t recall it ever being said why. They just said we needed to talk to him.
A Yes. That way we’d know who we’d ask for to tell them we were there to see.
A No.
A No.
A No.
A What period are you talking about?
A Yes.
A No.
A Yes.
A One.
A I don’t know who made the claim.
A Yes.
A It was at Weston Sharp Hospital with a mental patient.
A When I went to get him out of the car, I looked and he had pissed in my backseat. And at that point, I went to get him out of the car and he was in shackles and I went to get him and I lifted him up and when I looked him in the face, he spit right in my face
And I brought him out of the car and he tried to – he was a big ‘ol boy and he tried to use his weight to push me around. So I got him on the ground and I was holding him down till a nurse walked by and got her to come out there and get security to help me get him inside.
A Yes. The head nurse said that was excessive.
A Yes.
A The FBI.
A Because that’s who investigates police brutality or using excessive force cases.
A No.
A No.
A Yes.
A Because the doctor took me off –
A It was never made a case.
A I believe so at the time.
A It was denied.
A I don’t remember him ever saying nothing about it.
A Yes.
A Yes.
A Yes. You mean this one?
A Yes.
A Yes.
A Yes.
A Yes.
A Yes.
A That was my last day of work. I was still employed after that.
A Yes.
A Well, about the problems I was – well, the dreams I was having after the shooting..
A Not actual know, no.
A Yes.
A That I was so young when they hired me, they didn’t like it.
A I received a Letter of Termination in the mail from Danny Moore.
A I believe so.
A I had exhausted my Family Medical Leave Act, the 12-week period you’re allowed. They said after that, my position would no longer be held.
A Yes.
A Some juveniles was kicking a potato around like a soccer ball and one of them just squashed it and the security guard told him to clean it up and he told him no. And another deputy showed up and told him to clean it up, which I wasn’t there, this is just what was said, I was at the other end of the mall. When he told him to clean it up, the boy said he wasn’t doing nothing, he told him and they got into a physical altercation. And then I went up there and a bunch of other kids started jumping on all of us and the security guards and just trying to fight.
A It was in March.
A Yes
A I got jumped on by some but I didn’t physically fight with none.
A No.
A No.
A They grabbed it but they didn’t get it out.
A No.
A No. I was on the midnight shift.
A No.
A Now, what do you mean?
A No.
A Yes.
A Yes.
A Twice.
A Just to cover me in case they fired me or something like that?
A Because I just figured that they were going to try to fire me or something where I was off medical leave.
A I was just told by another deputy it’d be a good idea.
A Keith Harold.
A Harold.
A Yes.
A Now, what was that again?
A Basically, just don’t trust nobody ever no matter who it is and it never hurts to tape conversations.
A No.
A What do you mean?
A No.
A Yes.
A No, I never said that.
A I tried to get them transcribed one time through Keith Harold and Bob McComas was supposed to keep them just in case something happened to me or somebody broke in my house and took them.
A He just said something like they might try to come and kill me or something, just put all kinds of crazy ideas out in the air for me to reach up and grab, I guess.
A So I told him to keep them at his house. That way nothing could happen to them.
A Just about me being off on medical leave.
A Just one of them with Tanner.
A I don’t have none of the tapes. I have burnt CD’s.
A Yeah. I don’t have the tapes no more.
A No, just one.
A I don’t have neither tape but I have a CD.
A Yes. No. One was with Tanner and one was with Moore but I only have possession of the Tanner one.
A Yes.
A It was just about me being off on medical leave.
A The shooting itself because that’s what was part of my problems.
A What do you mean rehashed?
A Yeah.
A Yes.
lot left for you and this is just some cleanup stuff. When you were given your policy and procedure manual by the Raleigh County Sheriff’s Department and you reviewed it, were you ever quizzed on it?
A No.
A No.
A We just had to go over them and read them with the supervisor and signed them saying that we received them.
A At least that’s the way Lieutenant Williams made you do it.
A Like, what kind?
>A Yes.
A Yes.
A Well, they give you an idea and they leave it up to you.
A Yes.
A The only guaranteed times you can use it for cover is like traffic stops. That’s the only time you’re guaranteed to have it with you.
A They said always use cover.
A Yes.
A Not once we approached him.
A We just had visual cover. Concealment. It wasn’t bulletproof cover but concealment just where he couldn’t see us.
A The hedgerow. That’s the way we had to go up the road anyway.
A Yes.
A Like what do you mean? What kind of cover?
A Yes. Of course, that’s just visual cover.
A Yes.
A No.
A Yes.
A Yes.
A Yes.
A Off the trigger.
A Yes.
A When we started up walking Primrose Lane.
A After.
A No.
A Once we got behind the hedgerow, we could not see him. That’s after his music stopped and he was at his truck. We could see him then and once we started walking, we lost visual on him.
A Pointed at him when Deputy Kade announced our presence.
A Yes.
A Yes.
A Yes.
A Right.
A (Witness nods head yes)
A Yes.
A Yes.
A We took it as if he was shooting the siding on his house, the bullets possibly going through the walls and everything.
A No. I never was told that he did or didn’t.
A Yes.
A A misdemeanor.
A Yeah.
A Just everyone I ever rode with.
A Most of them.
A No.
A No.
A Sometimes.
A Yes.
A Yes.
A No.
A Bunches.
A A couple of handfuls.
A Probably more than that?
A (Witness nods head yes)
A Meaning any persons outside?
A No.
A Just that one vehicle that drove by.
A Yes.
A No.
A Yes.
A Not to pronounce it, no.
A The Medical Examiner.
A No.
A No. I said there wasn’t any training on that.
A No.
A That was up to my discretion.
A After he had no signs of life, yes.
A No.
A Yes.
A Yes.
A None as far as I was aware of.
A I have no idea.
A I assume not.
A Yes.
A No.
A They wouldn’t have had the phone number
Q They would not have had the phone number?
A Not that I’m aware of.
A Yes.
A It says, Only God can judge me.
A Yes.
A This year.
A In March.
A I just always liked that saying.
A Because everyone wants to judge everybody’s life because they don’t live the way that they want them to.
A No.
A Yes.
A I have a cross on my biceps and my last name across my back and my son’s name on my chest.
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 this case, you decided to use car?
You chose not to come to R, Old Eccles Cabell Heights parked ¼ mile?
No cover?
May Aug 2004 Course training in WV assigned field training officer?
Different from Kade?
Agree that department does assign same officer?
Different information training officer?
Day to day, the experience are different between officers?
Car as cover?
No in service training?
So you did receive from Sheriff Department on car as cover?
Do you believe that your approach to Rob Webb was appropriate?
on at deposition?
Approach w/ paper page 38 line 20-22
You carried a Glock 23 40 cal Smith
Was it eqipped with a ?Remington 870?
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
Ever been Harper Park to Cabell Heights
Lights on? Any reason to think this was a bad neighborhood?
On route did you speak to EOC?
Nobody asked dispatch to call Webb residence to see what going on?
Training for contacting?
Employed tactics before?
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?
What would it hurt to not try?
to Tanner I thought call was stupid and untrue. Comment no gunfire heard at scene when you got there?
Rob didn’t fire weapon no shots heard or fired?
(Exhibit 1) Where were you when first approach to observe (showed?)
No indication Rob knew you were there ...walked up Primrose Lane?
(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?
Would you have changed your tactic after this incident while you were a deputy?
Why not, someone lost their life wasn’t it worth to call and try?
Kade at low ready?
Did Kade make verbal announcement?
(Exhibit 4) Daylight picture vantage point
Where Kade and Hajash was standing on edge of pavement
Part obstructed by vehicle?
Fair to say Kade had a better view?
Police, let’s see your hands music stopped?
Robert Webb was startled or surprised?
Page 90 Deposition line 2 He had no idea you were there correct?
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?
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?
Kade said he was told to stop firing because he didn’t have a weapon in his hands
Did you move any shells before anyone else came?
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?
Seconds before confrontation .. at some point you told Tanner you were running up Primrose
Were you running up Primrose upon Mr Webb
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?
Did you make any effort to render medical treatment for medical attention to Robert Webb neither physical did not touch weapon?
Did not touch body?
Kade?
Fell and lay to rest until others arrived?
Mary Webb instructed to go back inside?
Access to Rob that night?
Go to house to check on Mary and kids?
Not tested for drugs or alcohol?
Aware of policy?
Testified to Canaday 3 days later?
Transcript in evidence. Give any other statement other than that one?
Back to you were walk or run towards We location times see or not
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?
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?
Did you get answers?
Last page is verification did you sign responses are accurate to best of knowledge?
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?
Letter by mail?
Is this only time for excessive force is it. Approach bench
Last question was this not first complaint correct?
Question on how it was handled investigated?
By FBI?
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?
Other was not a death
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?
Off for awhile medical reason
shortly thereafter terminated, letter from Sheriff
Were you begging for help John?
Was it your belief he was deceased
Your duty is to call EMS is that what you did
redirect
You believe he was dead
Was you qualified to decide that
Did you close truck door
In some situations
Yes
No, a bullet can go through
Yes
No Sir, Kade said he told him after shooting to find cover
Yes Randy White
Yes
Yes
No, you have to go through field manuel
Yes
Don’t recall
At basic course at WV academy trained on it.
Yes
Yes
No sir
I’m sure I did I just can’t recall
I can’t remember
more familiar that way
Yes
No
I don’t recall, no Kade asked on route for more information
Not that I’m aware of
Yes
Yes if incident from house it was called from
I don’t recall
I didn’t figure that had a way to try
No
Yes
Haven’t decided which corner to go to one would go there and there
Correct
I think when we were walking up Primrose
No not sure
I drew on Primrose
No recall .. but safe manner to carry
Yes
He was standing at truck with door open
Yes
I assume he did
Yes
Can’t recall
I don’t believe so
I don’t believe so
Yes
He was moving like he would roll and fire on him again thought he was taking cover from us.
No
– Kade didn’t walk up to him
– but Hajash did breathing or signs of life
Yes, at some point we did
to catch up to Kade
no to catch up)
Fast walking that’s what I meant.
No
No
No
No, not aware
No
Yes
No
By her statement I thought they were ok
No
Not aware of any
Yes
Not that I recall
No not see him going up Primrose
No. As approached
See him after approach truck at end of hedge row
Yes.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Not aware
No
yes
yes
yes
– followed employ elsewhere, dynamite on strip jobs
– underground coal mine since Dec 2009
– 27 now you were 22, married
yes
– Patricia, Carter almost 3, midnight shift Kade security
– 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
no
yes
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.