Day 3 Lt Canaday Olivio – says judge wants anyone not wanting to stay for the pictures to go out now instead of all leaving in mid Canaday testimony, Mary left, all else stayed. He said no outbursts, monitor down in front of our lawyer now Mary is back. No intro – Larry Lilly was Chief Detective – air time 2am – record was 1:45 – adverse witness 6-11 – objection on this she will decide later – Bircham, Lt Williams, Corp Bare, Lt now and ambulance personnel on scene – We saw Mary – we did not see children – No talk to any pedestrian – Yes Elmer Redden – Ms Webb needing help – No tape there yet but perimeter was established, ambulance moved up for better external lighting – saw hedgerow off to right – Was there visibility? – I don’t recall – Sheriff Moore met with Canaday for a brief brief. Did speak to Kade and Hajash? – No recording of them or interview – instruction to interview to Bare to speak to witnesses – asking people to perform different functions – How long Christy was interviewed? – No – Didn’t ask if Christy and Chris could more? heard from their bedroom – Approach Canaday with Exhibit 18, 19 and 20, without objection – 18 several pages Cadd computer aided dispatch generated by EOC with call – all information to leaving of scene – report – complaint, offender and charge, federal reporting for classification of report and officer involvement – 19 Eos run sheet with notes / no something from hospital with EMS on it – statement of Mary Webb – handwritten note from Corp Bare and statement from Christy Hatfield and from Chris and from Amy Smith – Was made part of incident report – setting forth a timeline using their timeline - #18 Incident report – page 2 says at top of page indication for occurence time – 12:49 am July 4 251 Cabell Heights Road – 19 indicates top left hand corner of times 12:51 EOC indicates an initial call was received 12:52 dispatched, arrival at 1:09 – spec – No sure was that when they got to scene or arrived? Assume 10-4 I’m in the area or dispatch might mean out of the car As head you didn’t clarify the timeline – he says not relevant 1:09? 19 - run sheet – 2 page document – summary of times top right corner time record – record from EMS – 1:13am dispatch on route 1:14 on scene 1:21 left 3:48 time in IF hard corner – list – Robert Webb condition – asystole – 1:24am – 20 – statements on tape – Corp Bare took Mary Webb interview – at 2:24am end no time included – Christy – Bare – starts 2:32am – end 2:36 – Chris – Bare – start 2:38 end 2:40 – Amy – begin 2:51 end 3:01am - Mary – in shock – noted in visible or shaken as noted condition of Mary- Exhibit 22 admitted without objection – his narrative and sequence of events and made part of incident report – Page 2 in narrative – when Canaday spoke to Mary Webb and she had questions and was in shock. was Bare test difficult if she was in shock – depend on interview would it have been better to do interview then instead of waiting until she wasn’t in shock – Did she see it or did she not that’s all he needed from Mary interview. – When did Kade and Hajash give interview – 2nd day formal interview – 4th page of report interview deputy on 7th of July – other member (tan gene)? on scene notes on sister coming – saw priest no conversation with him - ? specifics of sister conversation – no specifics – questions of sister why Raleigh County was doing the investigation was noted in report – no asking for outside agency since family suggested it be outside – did you tell F? that he told sister of Mary that police asked to see his hands – based on initial information everything was done right ongoing investigation – case is never closed – new information – Last narrative said final entry was – 2nd page says the evidence and does not show to be Kade and Hajash was concerned for their safety – this is closed pending new information – July 10 – No new information never opened again – on July 5 in narrative – medical examiner report did not immediately have report – report was July 23 – but didn’t receive autopsy until after July 23 – did he have toxicology report on July 10 – Canaday was at autopsy – so he saw and then go report, - Mike Jenkins Jan Care – Canaday talked to – no recall of conversation with Mike – 2nd to last page of summary #20 bottom of page – spoke to Mike – The trip sheet would have what they needed – they had not moved the body so position would be the same. Pics taken – would be where body was when fell – Exhibit #23, 24, 25, 26 without objection – 23 photo of Robert Webb and evidence marker there 24 same from different distance and angle 25 same from different distance and angle with no evidence marker in there 26 different angle and shows AK 47 and evidence marker #27 without objection Sargent Lilly crime scene drawing – corresponding key as part of final investigative report – bird’s eye view of rough view of primary crime scene – shell casings numbers who put cones down, Canaday, Lilly and maybe others done on primary walkthrough for evidence markers – 2 any order of picking casings up – no order but kept in group of whose bullets – 1st picture Rob on bottom of picture – deputies would be further back #26 marker 36 in picture – 12 guage spent was #47 – 48 40 cal spent – 49 40 cal casing spent – 20 40 cal steel casing spent – expelled and where landed after fired – live sheel on ground – stress caused him to keep landed – How did he base where they were by their statements and rough estimate of trajectory from firearms from chief medical examiner was medical examiner in charge – Did he change position after talking to edecal examiner on he had information . All questions at this time.- A few more – service weapon Kade had was a Glock 40 cal or Glock 23 – Tactical shotgun – Remington 870 – eject casing in what side – no answer Chip Williams – Introduction for James Canaday was Corporal in detective bureau over 11 years, 7 in detective bureau – worked mostly violent crimes – took SWAT class with Kade – Scope and purpose – don’t mean to be flippant – Scope was simple – to see if someone had committed a crime – knew he would be here in a few years doing this “in court” his question was how and why had the why answered – Canaday – responded to call a man is shooting “at his house” wife and family inside #3 without objection- transmissions from EOC - #103 – Sheriff Department of Jan Care Unit # Lt. Williams #103 – 1st call out Rob Webb shooting at his house with a pistol- Canaday 1st transmission was on radio was 112 patrol – 113 control – responded go ahead on live radio – 1st transmission was EOC I didn’t get anything but a click I have a Rob Webb in Cabell Heights shooting at his home with a pistol - Hajash was #140 – did you copy at Cabell Heights have a Rob Webb shooting at his own house Bathroom – Where was EMS located pulled down for light arrival on scene EMS was already present – leads from cardiac monitor on him when he got there – Plaintiff #27 shown – visual then mark evidence then interviews, take photographs, secure scene to only essential personnel – I don’t think family needs to see victim - #4 without objection, photograph – identified as crime scene object in photo Ak-47 – depict weapon at location – picked up weapon to see if it was loaded after photo – there was damage to gun – Tanner ejected banana clip that was on gun ejected one in barrel and locked it – Canaday brings weapon to court on several occasion but was not used until now. Recess 10:50 to 11:20 Why if court was postponed earlier than that day why not locked up in evidence – He waited until the 7th to interview the deputies – Kade kept asking for the interview cause it was bothering him. Redirect – Canaday said Tanner gave the order for Mabscott to hose off the driveway at 3:30? – Looking at run sheet – didn’t never ask Mike Jenkins what he meant that they weren’t allowed to body last sentence on Jan Care. – Are you aware Wanda Young saw a car there? – Are you aware that Chris Hatfield say the cars were there? - Not aware of any of their testimony – ATF trace – Are you aware they did a ATF trace? – Yes –Trace request Canaday asked to see - #28 #29 without objection – ATF request – if this gun was legally obtained from this country – trace summary says – weapon is SAR I or :L Romar ? Is it legal to own and operate this weapon - yes