| The Victim Robert Alan Webb “What the Hell?”, said Rob as he looked up from his truck to find the barrel of a deputies gun pointing at him |
Raleigh County Sheriff’s Department: Brass or Killer?
Moore, "He was dead before he hit the ground. You just shot into a
nothing, a piece of clay."
Kade, "Muffin, Let’s shut it down a little bit before that and just walk in."
EOC, " Are you familiar with Cabell Heights?"
Tanner “I know Harper Park.”
Hajash, “Oh, my God”
“Shots fired, send EMS, suspects down."
Kade, “Stop shooting, he’s unarmed”
Q. Anybody at the Department ever tell you why he was let go or was
there any scuttlebutt around the office or water cooler talk?
A. No, not really. I know I don't know. I don't know if he left on his own
or I don't know if he was terminated. I don't know.
July 10, 2011 - Raleigh sheriff's deputies to stand trial in 2006 fatal
shooting - By Zac Taylor The Charleston Gazette - Excerpt
With Kade leading point, the deputies walked toward Webb, Hajash
said in his statement.
"Deputy Kade had his shotgun in the ready position, I had my pistol
out,"
Hajash told the detectives. "We didn't know if the suspect was 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, Kade
announced our presence, he said, Police, let's see your hands."
At that point, Webb turned and stuck out his hand as if he were holding
something, Hajash said. He then raised his hands as if he were
shouldering a rifle. The deputies opened fire.
Kade fired a single shot from his 12-guage shotgun. Hajash fired two
shots while Rob was still standing and a third while he was rolling on
the
ground.
Moore, "He was dead before he hit the ground. You just shot into a
nothing, a piece of clay."
Kade, "Muffin, Let’s shut it down a little bit before that and just walk in."
EOC, " Are you familiar with Cabell Heights?"
Tanner “I know Harper Park.”
Hajash, “Oh, my God”
“Shots fired, send EMS, suspects down."
Kade, “Stop shooting, he’s unarmed”
Q. Anybody at the Department ever tell you why he was let go or was
there any scuttlebutt around the office or water cooler talk?
A. No, not really. I know I don't know. I don't know if he left on his own
or I don't know if he was terminated. I don't know.
July 10, 2011 - Raleigh sheriff's deputies to stand trial in 2006 fatal
shooting - By Zac Taylor The Charleston Gazette - Excerpt
With Kade leading point, the deputies walked toward Webb, Hajash
said in his statement.
"Deputy Kade had his shotgun in the ready position, I had my pistol
out,"
Hajash told the detectives. "We didn't know if the suspect was 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, Kade
announced our presence, he said, Police, let's see your hands."
At that point, Webb turned and stuck out his hand as if he were holding
something, Hajash said. He then raised his hands as if he were
shouldering a rifle. The deputies opened fire.
Kade fired a single shot from his 12-guage shotgun. Hajash fired two
shots while Rob was still standing and a third while he was rolling on
the
ground.
Raleigh County Sheriff’s Office (RSCO) investigators,
detectives & road patrol
Jim Bare, “I apologize, I was out here with 141 had my radio off”
113 to 140
Hajash, "Just want to know if you're heading up this way?
Bare, "Negative, I've got a call at Glen Daniels.
Hajash, "Oh My God, shots fired, send EMS - suspects down.
EOC - Copy
Exhibit 22 - The narrative in the incident report noted:
- Mary was visibly shaken
- her sister questioned their internal investigation
- the evidence does not show that Kade and Hajash was
concerned for their safety
July 10, 2006 - this is closed pending new information.
Canaday, "No new information never opened again"
Are you aware Wanda Young saw a car there?
Are you aware that Chris Hatfield saw the cars were there.
Canaday, "Not aware of any of their testimony."
detectives & road patrol
Jim Bare, “I apologize, I was out here with 141 had my radio off”
113 to 140
Hajash, "Just want to know if you're heading up this way?
Bare, "Negative, I've got a call at Glen Daniels.
Hajash, "Oh My God, shots fired, send EMS - suspects down.
EOC - Copy
Exhibit 22 - The narrative in the incident report noted:
- Mary was visibly shaken
- her sister questioned their internal investigation
- the evidence does not show that Kade and Hajash was
concerned for their safety
July 10, 2006 - this is closed pending new information.
Canaday, "No new information never opened again"
Are you aware Wanda Young saw a car there?
Are you aware that Chris Hatfield saw the cars were there.
Canaday, "Not aware of any of their testimony."
The Defendant's expert witnesses
Edward Hueske was not called as a witness since the plaintiff’s had
signed a stipulation letter.
The stipulation letter was hand-written on a legal pad and entered into
PACER on the day the case went to the jury and was labeled as a
remark.
Sam Faulkner, "The only thing I would have done different was to
shoot sooner."
His testimony was not allowed into exhibit after he disclosed that he
had not examined the material evidence he claimed he had but he had
only read Hajash and Kade’s depostition.
Edward Hueske was not called as a witness since the plaintiff’s had
signed a stipulation letter.
The stipulation letter was hand-written on a legal pad and entered into
PACER on the day the case went to the jury and was labeled as a
remark.
Sam Faulkner, "The only thing I would have done different was to
shoot sooner."
His testimony was not allowed into exhibit after he disclosed that he
had not examined the material evidence he claimed he had but he had
only read Hajash and Kade’s depostition.
The 911/EOC
Sharon Coffey testified in court that she received the 911 call and
believed that the caller meant that Rob was shooting at his own house.
Amy Persinger Zankowitz was the 911 operator who received the call
not Sharon.
“Do you know what kind of gun he has, is it a pistol, a shotgun, do you
know?” Amy - 911
“It sounds like it might be some kind of pistol, but I don’t know, it
doesn’t sound like a shotgun” Amy Smith
“I have reports of shots fired Cabell heights Road I have a Rob Webb
that is supposed to be outside of his own Rob Webb that is supposed
to be outside of his own residence shooting toward his residence with
a pistol.” Sharon Coffey
HQ - Sheriff’s office, Michelle speaking
EOC - Hey Michelle, you haven’t been trying to get a hold of Steve have
you? Sharon
HQ - Huh-uh, I really don’t know, I just know what you told me is all I
know.
136 - Control - did you advise this was a handgun? Kade
EOC - They advised - the caller advised it was possibly a pistol and he
was supposed to be shooting at his house. Sharon
Sharon Coffey testified in court that she received the 911 call and
believed that the caller meant that Rob was shooting at his own house.
Amy Persinger Zankowitz was the 911 operator who received the call
not Sharon.
“Do you know what kind of gun he has, is it a pistol, a shotgun, do you
know?” Amy - 911
“It sounds like it might be some kind of pistol, but I don’t know, it
doesn’t sound like a shotgun” Amy Smith
“I have reports of shots fired Cabell heights Road I have a Rob Webb
that is supposed to be outside of his own Rob Webb that is supposed
to be outside of his own residence shooting toward his residence with
a pistol.” Sharon Coffey
HQ - Sheriff’s office, Michelle speaking
EOC - Hey Michelle, you haven’t been trying to get a hold of Steve have
you? Sharon
HQ - Huh-uh, I really don’t know, I just know what you told me is all I
know.
136 - Control - did you advise this was a handgun? Kade
EOC - They advised - the caller advised it was possibly a pistol and he
was supposed to be shooting at his house. Sharon
The Trial Judge
The Court’s Charge and Instructions - Filed July 19, 2011
Consideration of the evidence - “When the attorneys for all parties
stipulate or agree to the existence of a fact, the stipulation and
regard that fact as conclusively proven. For instance, in this case,
the parties have stipulated that at the time the officers fired at
Robert Webb, Robert Webb
had his weapon raised, shouldered and pointed directly at the
deputies.”
The Stipulation letter and the judges instructions the same.
Who duplicated this sentence, the judge or the attorneys?
The Court’s Charge and Instructions - Filed July 19, 2011
Consideration of the evidence - “When the attorneys for all parties
stipulate or agree to the existence of a fact, the stipulation and
regard that fact as conclusively proven. For instance, in this case,
the parties have stipulated that at the time the officers fired at
Robert Webb, Robert Webb
had his weapon raised, shouldered and pointed directly at the
deputies.”
The Stipulation letter and the judges instructions the same.
Who duplicated this sentence, the judge or the attorneys?
Webb legal counsel
RSCO legal counsel
“For instance, in this case, the parties have
stipulated that at the time the officers fired at
Robert Webb, Robert Webb had his weapon
raised, shouldered and pointed directly at
the deputies.” Chip Williams Stipulation letter
filed 7/18/2011
Sound familiar?
The Stipulation letter was worded exactly as
the judges instructions to the jury.
RSCO legal counsel
“For instance, in this case, the parties have
stipulated that at the time the officers fired at
Robert Webb, Robert Webb had his weapon
raised, shouldered and pointed directly at
the deputies.” Chip Williams Stipulation letter
filed 7/18/2011
Sound familiar?
The Stipulation letter was worded exactly as
the judges instructions to the jury.
Amy Smith - the neighbor
Amy,“Hi, I have a neighbor who - it sounds like he’s shooting a gun at
his house.”
“I just need somebody to come up here and drive by”
From court testimony:
Amy Smith;
I still didn’t know what happened, injury if the ambulance come.
Williams;
The next event was?
Amy Smith;
At 3:45 a.m., the Lieutenant called me, He said he can’t come, he’ll
have to talk
another time. He said, “He’s been shot and killed.”
Williams;
That was when you were first aware of what occurred down there.
You had no relatives living near you, you were scared when you
called, potentially in danger. Nothing further, nothing further.
So, was Amy Smith interviewed by Deputy James Bare before 3:00 a.
m. or
did she find out Rob was killed at 3:45 a.m.?
Amy,“Hi, I have a neighbor who - it sounds like he’s shooting a gun at
his house.”
“I just need somebody to come up here and drive by”
From court testimony:
Amy Smith;
I still didn’t know what happened, injury if the ambulance come.
Williams;
The next event was?
Amy Smith;
At 3:45 a.m., the Lieutenant called me, He said he can’t come, he’ll
have to talk
another time. He said, “He’s been shot and killed.”
Williams;
That was when you were first aware of what occurred down there.
You had no relatives living near you, you were scared when you
called, potentially in danger. Nothing further, nothing further.
So, was Amy Smith interviewed by Deputy James Bare before 3:00 a.
m. or
did she find out Rob was killed at 3:45 a.m.?
The Jury - 3rd day of
trial
Mr. Underwood, Can
you hear me? Mr.
Underwood, Mr.
Underwood, Can you
hear me?, Judge
Berger
“Uhhh”, Mr. Underwood
trial
Mr. Underwood, Can
you hear me? Mr.
Underwood, Mr.
Underwood, Can you
hear me?, Judge
Berger
“Uhhh”, Mr. Underwood
THE KEY PARTICIPANTS
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Larry D Lilly