Evidentiary Hearing - 2011 Killing of Reynaldo Muñoz

Munoz vs.
Davis
December 29, 2014

1
IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.: 11-037237 CA 23
REYNALDO MUNOZ, SR., as surviving father
and as Personal Representative of the Estate
of REYNALDO MUNOZ, JR., and CARIDAD LOPEZ,
as surviving mother,
Plaintiffs,
vs.
JEFFREY DAVIS, individually and as parent
of minor child, JACK DAVIS, and YASMINE
DAVIS, individually and as parent of minor
child, JACK DAVIS,
Defendants.
____________________________________________/
72 West Flagler Street,
Miami, Florida,
Monday, 9:00 a.m.,
December 29, 2014.
A hearing in the above-entitled cause resumed
before The Honorable Stanford Blake, Circuit Court
Judge, pursuant to notice.
CONTINUATION OF HEARING
APPEARANCES:
ROBERTS & DURKEE, P.A., by
DAVID DURKEE, Esquire,
and
ALVAREZ RODRIGUEZ, by
JUAN L. ALVAREZ, Esquire,
and
JOEL S. PERWIN, P.A, by
JOEL S. PERWIN, Esquire,
Attorneys for Plaintiffs.
www.taylorjonovic.com
Taylor, Jonovic, White, Gendron & Kircher-Echarte

Florida Realtime Reporting
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Munoz vs. Davis
December 29, 2014

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1
2
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APPEARANCES CONTINUED:
LAW OFFICES OF KUBICKI, DRAPER, by
PETER H. MURPHY, Esquire, and
WILLIAM BISSETT, Esquire,
Attorneys for Defendants.
4
5
THE MCGRANE LAW FIRM, by

MILES A. MCGRANE, Esquire,
Attorney for Jack Davis.
ALSO PRESENT:
7
8
Yasmine Davis.
Jeffrey Davis.
Jack Davis.
9
10
INDEX
11
12
WITNESS
DIRECT
13
Jack Davis
14
(By Mr. Murphy)
15
(By Mr. Durkee)
16
WITNESS
17
Jeffrey Davis, Esq.
18
(By Mr. Murphy)
19
(By Mr. Durkee)
20
WITNESS
21
Detective Nye-Gonzales
22
(By Mr. Murphy)
23
(By Mr. Durkee)
CROSS
REDIRECT
75
27
DIRECT
CROSS
REDIRECT
77
105
DIRECT
CROSS
REDIRECT
128
149
24
25

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THE COURT:
MR. PERWIN:
Good morning everyone.

Judge, I have a personal
issue I've got to raise before we start.
THE COURT:
Come over here to the side.
(Thereupon, the respective lawyers
approached the bench without the court reporter
and had a discussion at sidebar outside the
hearing of the court reporter.)
THE COURT:
We are here in the case of
10
Reynaldo Munoz, Sr., as surviving father and
11
Personal Representative of the Estate of
12
Reynaldo Munoz, Jr., and Caridad Lopez, as
13
surviving mother, Plaintiffs, versus Jeffrey
14
Davis, et al.
Case No. 11-037237 Division 23.
15
Make your appearances for the record.
16
Mr. Durkee, we will start with you on behalf of
17
the plaintiffs.
18
MR. DURKEE:
Yes, Your Honor.
David
19
Durkee, Mr. Joel Perwin, and Mr. Juan Alvarez on
20
behalf of the Estate of Reynaldo Munoz.
21
THE COURT:
22
MR. MURPHY:
23
Thank you very much.

Pete Murphy and Bill Bissett
representing the Davis family.
24
THE COURT:
25
When we were here last, as I went over my

Okay, thank you.

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notes, which was on November 6th, we had the
playing of the 911 tape and the testimony of
Mrs. Davis and that's where we had ended on
that date.
I have read over what you all have filed.
5
6
I'm not sure if there is any preliminary
matters we need to take care of.
can call your next witness.

MR. MURPHY:
9
10
Defense, you
If that's the case, yes,
Judge, we will call Jack Davis.
11
THE COURT:
12
MR. PERWIN:
Okay.
Judge, do you need any
13
discussion about the differences between the two
14
pretrial stipulations or you're good?

THE COURT:
15
I looked that over.
If there
16
becomes a point in time the stipulations or any
17
questions, then I will be glad to discuss it.

MR. PERWIN:
18
19
Once again, I can see it
doesn't have to be ventilated now.
20
THE COURT:
21
Mr. Davis, if you will raise your right
22
Okay, right.
hand.
23
24
25

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Thereupon:
JACK DAVIS
2
3
was called by the Defendant, and after first being
duly sworn, was examined and testified as follows:

THE COURT:
Thank you.
If you will please
have a seat, keep your voice up nice and loud so
everyone can hear you.
Mr. Murphy, you may begin.
MR. MURPHY:
DIRECT EXAMINATION
10
11
Thank you, Judge.
BY MR. MURPHY:
12
Q.
Good morning, Jack.
13
A.
Good morning.
14
Q.
Understand that everybody here needs to
15
hear you in court, and most importantly, the Judge,
16
so please keep your voice up and try to answer the
17
questions as clearly as you can, all right?
18
A.
Yes.
19
Q.
Could you tell the Judge something about
20
yourself?
THE COURT:
21
22
Your age?
First state your name for the
record.
THE WITNESS:
23
24
old.
25
Q.
Jack Davis.
I'm 18 years
And tell the Judge something about

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yourself.
Where do you go to school now?
A.
I now attend Cornell University.
Q.
And what year are you?
A.
I'm a freshman.
Q.
How about growing up, where did you attend
6
7
8
9
10
11
school here in Miami?

A.
I went to Ransom Everglades Middle School
and High School.

Q.
What are any particular accomplishments
that you had in school?

A.
In 6th grade I was involved with an
12
effort -- I essentially came up with the idea for a
13
law now in place, the Jack Davis Helping Hands Act,
14
which was in 2008, I believe.
15
Q.
What is that?
16
A.
It essentially is a law that allows
17
restaurants to donate food to homeless shelters
18
without fear of lawsuits.
19
Q.
Any other accomplishments in school in
20
terms of any debating societies or any other groups
21
that you were a member of?
22
23
A.
I was the captain of my academic team
which is a trivia-based team, I suppose.
24
Q.
What are you majoring in now at Cornell?
25
A.
I am probably going to major in history.

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Q.
1
2
We are now going to go to the day of the
accident, the day of the incident, all right?

So I am going to ask you some questions
3
4
about that and we will try and go in order so we can
get it across most clearly, okay?
A.
Yes.
Q.
Tell me, on the day of the incident, who
was at home that day?

A.
9
10
On that day it was me, my mother, my
little sister, Abigail, and my maid.

Q.
11
And your mom has testified, you weren't
12
here, but she indicated that prior to this event
13
happening you guys were having lunch in the kitchen?
14
A.
We were having lunch in the kitchen.
15
Q.
Were you in the kitchen having lunch as
17
A.
I was having lunch.
18
Q.
After lunch what did you do?
19
A.
After lunch I went upstairs to study for
16
20
21
22
23
24
25
well?
finals that I had that week.

Q.
Could you repeat that again?
I think
there was a little commotion here.

A.
After lunch I went upstairs to my room
where I was studying for finals the following week.

Q.
And about how long were you studying until

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you got some word that something was wrong?

A.
2
3
ballpark of 30 minutes.
Q.
4
5
I don't remember exactly, probably in the
And what did you hear?
How do you get
alerted to the fact that something was wrong?

A.
I was alerted to the fact that something
was wrong through the screams of my little sister
telling me that we are being robbed and that mom
said to grab the gun.

Q.
10
11
And did you know what gun she was
referring to at that point?
12
A.
I did.
13
Q.
What gun was that?
14
A.
It was the shotgun underneath my parent's
16
Q.
How did you know it was there?
17
A.
Prior, I don't remember how long prior, my
15
bed.
18
parents and I spoke about it.
19
was there and when it was okay to retrieve it.
20
Q.
They let me know it
And what were the circumstances or
21
instructions your dad gave you as to what
22
circumstances you were to use that weapon?
23
A.
My father told me that only in a situation
24
where my life or the lives of my family were in
25
danger to go and retrieve the weapon.


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Q.
Had you ever fired that weapon before?
A.
I had not.
Q.
Did you know about any previous incident
involving your mom and dad that led to that shotgun
being put under the bed?
A.
Not an incident involving my parents, no.
Q.
What incident were you told about?
A.
I was told of an incident, break-in
9
10
11
12
robbery that occurred in the neighborhood.

the reason we obtained the weapon.
Q.
Now, after you retrieved the shotgun, what
did you do next?
13
A.
I sprinted downstairs and outside.
14
Q.
Did you run down?

MR. MURPHY:
15
16
19
Do you have both boards that
we have in evidence?
MR. DURKEE:
17
18
That was
Yes, they are behind over
there.
Q.
(By Mr. Murphy) I want to show you, Jack,
20
what has been marked Defendant's 5 for ID.
21
this show the view from your kitchen?
Does
22
A.
Yes, that is the view from my kitchen.
23
Q.
And when you went down to the dock or
24
actually when you went down to your mom, what route
25
did you take?


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A.
I exited through the door on the far left.
Q.
Did you run down this part of the patio
out to your mom (indicating)?
A.
I did.
Q.
As you were running down there did you see
your mom?
A.
7
8
Not immediately.
Immediately I saw in a
distance the person on the Jet Ski.

Q.
And the first person you saw on the Jet
10
Ski was not the individual that was eventually
11
involved in the shooting, correct?
12
A.
No.
13
Q.
Where did you see the person, the other
14
person who was on the Jet Ski?

A.
15
16
That other person was further out into the
bay on the south side, I guess.
17
Q.
Could you describe that person?
18
A.
From far aware I really couldn't see very
19
much.
20
really about it.
21
I saw that that person had dark hair.
Q.
That's
I want to show you Defendant's A-1 for ID
22
and this is a shot that shows looking to the east of
23
your dock?
24
A.
Yes.
25
Q.
Is that your dock there?

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A.
This is my dock, yes.
Q.
The person that you saw on the Jet Ski
when you first ran out, where approximately on this
photograph did you see this person?

A.
Probably in this area here (indicating).

THE COURT:
If you're able to turn around
so that the other side can see.
up over here next to him, then everyone can see
it.
10
A.
11
14
Probably about this area here
(indicating).
12
13
Q.
And then after you saw that, what did you
A.
I mean, I didn't really know what was
do?
15
going on.
16
my mother who was by the seawall.
17
18
19
If you bring it
Q.
I was very confused obviously.
I went to
And where was your mom in relation to the
grass and the seawall?

A.
I don't remember exactly whether she was
20
standing on the seawall or the grass, but I know it
21
was in the area near the border, I suppose.
22
Q.
I will show you Defendant's A-4 for ID.
23
And this shows -- I think it shows the walkway you
24
ran down and it shows some grass and it shows the
25
seawall, correct?

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A.
Yes.
Q.
When you say your mom was in the vicinity
of the grass and the seawall, on this photograph
does it show approximately where she would have
been?
A.
Yes, probably right here (indicating).
Q.
Do you know whether she was on the seawall
8
9
10
11
12
or the grass or right in that area?

A.
In the area.
I don't remember whether it
was on the seawall or the grass.

Q.
Did your mom ever move from that area
essentially for the rest of the event?
13
A.
Not that I remember, no.
14
Q.
When you got down to your mom, what did
15
you do?
16
A.
17
18
19
I noticed that there was a man on a Jet
Ski below the seawall and the T-area of my dock.

Q.
I think we can show that one, too, and
this is Defendant's A-2 for ID.
20
A.
Yes.
21
Q.
This shows the dock.
22
This is a shot to
the east, correct?
23
A.
Yes, it is.
24
Q.
And this is the dock and is this where
25
you're referring to the T where it goes out there?


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A.
Yes, this area right here (indicating).
Q.
When you got out there, when did you see
this other person, when you got to the side of your
mom?
A.
5
6
or the -Q.
7
8
A.
Yes, he was right below the seawall in
this area (indicating).

Q.
11
12
No, the person that was involved in the
event.
9
10
The other person that I saw the first time
Was your mom talking on the phone or
talking to 911 at this point do you know?
13
A.
Yes, I believe she was.
14
Q.
Do you know what your mom was saying to
A.
I didn't hear exactly what she was saying.
15
16
17
18
911?
She sounded really scared, hysterical.

Q.
When you first saw this man on the wave
19
runner, do you know if that front compartment that
20
we've seen before, was that open?
21
A.
I believe it was.
22
Q.
And were you able to see what the man was
23
24
25
doing on the wave runner at that point?

A.
No, I couldn't.
His hands were inside of
the compartment from where I was.


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Q.
Do you know where his hands were?
A.
Inside of the compartment.
Q.
At that point was the man standing up or
straddling the wave runner or sitting down?
A.
He was standing up and straddling the wave
runner.
Q.
compartment.
A.
Yes.
10
Q.
Was the engine running at that point?
11
A.
The engine was running, yes.
12
Q.
And was the wave runner when you first saw
You said his hands were in the

Was he leaning forward at all?
13
it, was it moving within that T in any specific
14
direction?
15
16
17
18
A.
It was turning in a circle past the -- it
kept moving south, I guess.

Q.
When you got to your mom, when you got to
her side, did she tell you anything initially?
19
A.
She did.
20
Q.
What did she tell you?
21
A.
She told me the man had a gun.
22
Q.
When she told you the man had a gun, where
23
were you at that point?
24
A.
I was standing next to her.
25
Q.
Did she yell that to you or how did she

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1
2
express that to you?

A.
She just told me.
She didn't yell it.
next to her.
Q.
She didn't whisper it.
She told me.
I was standing
Now, you never saw what we've talked
about, this black receiver device that the Judge has
seen and everyone has seen here, you never saw that
during this event, did you?
A.
I never saw that.
10
Q.
You never saw him brandish it, correct?
11
A.
I did not.
12
Q.
When your mom said that he had a gun, what
13
14
did you think?

A.
Where did you think the gun was?
I assumed, after finding that out, that
15
that was in the compartment that the man was
16
fumbling in.
17
Q.
Did your mom say anything to the man that
18
you recall, Jack, about the gun or doing anything
19
with it?
20
21
22
23
A.
I remember my mom yelling to him to let it
go in reference to the weapon on multiple times.

Q.
And did you see any change at that time in
what the man was doing when your mom said that?
24
A.
No, he continued fumbling in the front
25
compartment.

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Q.
We are taking each event now specifically
in certain segments.
But did this entire episode
involving you, did that happen over a short period
of time?
A.
Yes.
Q.
We've heard the 911 tape and we know how
long it was before the shot was fired.
you think you were actually down there before the
shot was fired if you have any estimate?
10
11
12
A.
How long do
My estimate probably around 30 seconds
maximum.
Q.
Now, after your mom said let it go, you
13
didn't notice anything different in terms of the
14
man's behavior, correct?
15
A.
No, I did not.
16
Q.
At some point did you brandish at all the
17
18
19
20
weapon to this man?

A.
I did.
I held it in front of me and
racked it while we were making eye contact.

Q.
When you racked it when you were making
21
eye contact, did the man change his demeanor or do
22
anything right at that point?
23
A.
No, which frightened me the most.
24
Q.
Was it going through your mind if the man
25
was stealing the wave runner, why he wasn't at that


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point taking off into the bay?

A.
I couldn't understand why he would still
be there.
would have been gone by the time I had gotten
downstairs.
Q.
If he was robbing the wave runner, he
After you racked the weapon at some point
did this man begin to move out from the area of the
T that you described out more toward the bay?
A.
10
weapon.
11
that specifically.
Q.
12
13
Not until a little bit after I racked the

It was not a reaction to it.
I remember
About how long after you racked the weapon
did you see this man moving out toward the bay?
14
A.
A few seconds later, like five.
15
Q.
Do you know whether the wave runner was --
16
whether the throttle was activated or whether it was
17
idle?
18
19
20
Do you know either way?

A.
I would imagine it was in idle.
It wasn't
moving very fast when it was moving out.

Q.
Can this wave runner move forward in a
21
straight direction if you hold onto the handlebars,
22
if you know, if it's simply just in idle as opposed
23
to activating the throttle?
24
25
A.
Yes, it can move forward whether or not
it's being activated by the throttle.


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Q.
When you saw the man heading away from the
seawall, is that the general direction he was
heading, you saw him heading away from the seawall?
A.
I did.
Q.
What was going through your mind at that
point?
A.
7
8
leaving and my mom told me to wait.

Q.
9
10
At that point I thought he was probably
Did the man keep both hands in the
compartment the entire time you saw him?

A.
11
At this point he had one hand in the
12
compartment and the other hand was on the
13
handlebars.
14
Q.
Do you know which hand was on --
15
A.
I don't remember.
16
Q.
-- the compartment and which hand was on
17
the handlebars?
18
A.
I don't remember which hands.
19
Q.
Then after you saw this man begin to move
20
away from where you were in the area of the seawall
21
and the grass, what did you observe next?

A.
22
Again, he began to move out toward the
23
bay.
My mother told me to wait.
24
began to make a right -- a sharp right back towards
25
the dock.
As he did this, he

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Q.
Would that be clockwise?
A.
Yes, I think so.
Q.
And when he went back toward the dock, are
you talking about the straight part of the T in
general toward that area, or just in general back
toward the T area of the dock?
A.
Back towards, I guess, the closest pilar
of the furthest T.
describe.
10
11
Q.
It's a little bit hard to
And when he did that, was he going the
same speed?
12
A.
Yes, just about.
13
Q.
Did he make eye contact with you at that
14
point?
15
A.
He did.
16
Q.
And describe the eye contact that you had
17
and what was going through your mind, Jack, at that
18
point when the man, after beginning to move away,
19
turned back toward the direction, at least toward
20
the seawall and toward your dock, what was going
21
through your mind?
22
A.
I mean, I was terrified.
My mother was
23
terrified, especially when he made a right back
24
towards the dock.
25
looked -- I mean, menacing, I guess, is the best

He made eye contact with me.

He
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December 29, 2014

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word.
Q.
At that point was the option for you to
get your mom and just run back to the house when he
had moved back towards at least in the direction of
the seawall?
A.
That was definitely not in my head.
Q.
Why is that?
A.
Running back into the home at that point
would have made us easy targets.
With my knowledge
10
at the time, I thought he had a gun.
11
would not have been a good idea.

Q.
12
Running back
And after he made this move, do you
13
remember what direction -- when he turned back, made
14
that right-hand turn that you said, do you remember
15
approximately what direction he would have been
16
heading back into the area of the T?
17
18
19
20
21
A.
He would have been heading south into the
Q.
What happened next, if you can explain to
T.
the Judge?
A.
After that, my mother -- as he made a
22
sharp right, we made eye contact, and my mother told
23
me to shoot and I raised my weapon and pulled the
24
trigger.
25
Q.
Now, after you racked the shotgun

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originally, what did you do with it?
down on your side?
level?
A.
Did you put it
Did you keep it up at waist
What did you do with the shotgun?

After racking the shotgun, I held it to my
chest.
holding it there.
it and hear it and I held it there, yes.

Q.
8
9
I had not pointed it yet.
I was still
I racked it so that he could see
And then you said to the Judge at some
point your mom said shoot, right?
10
A.
She did, yes.
11
Q.
Even if your mom didn't say shoot, based
12
upon what was going on through your mind at that
13
point and your belief that he had a gun, would you
14
have shot anyway even if your mom didn't tell you
15
that?
16
A.
Absolutely.
17
Q.
When the man turned back at you and your
18
mom said shoot, tell the Judge what you did with the
19
shotgun at that point from the time you heard that
20
direction from her until the time you actually shot?

A.
21
My mother told me to shoot.
I raised the
22
weapon up to my lip, held it like a rifle, and I
23
shot.
24
25
Q.
Did you aim specifically at him or in the
direction or did you aim at all?


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A.
Well, with a shotgun pointed in the
general direction, I pointed in the general
direction of him.
Q.
Now, from the time your mom said shoot
until the time you actually fired, I think we've
heard the 911 tape, it's about three or four
seconds, depending on actually how closely you
listen to it.
MR. DURKEE:
9
10
Honor.
THE COURT:
11
12
13
Objection, leading, Your
Sustained to the form of the
question.
Q.
Well, I think we will be able to count how
14
many seconds it was.
From the time your mom said
15
shoot and from the time you shot, do you know what
16
the man did on the wave runner?
17
A.
No, I was raising my weapon.
18
Q.
Were you looking at that period of time as
19
to where his face was or if he changed direction or
20
looked the other way, did you see that?
21
A.
I didn't see where he was looking.
22
Q.
How about the wave runner, in that time
23
from when your mom said shoot, do you recollect
24
whether the wave runner moved at all in terms of its
25
orientation or direction?

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A.
I don't believe it did but, again, I was
raising my weapon.
I wasn't paying attention to
where he was facing or the wave runner.
Q.
After you fired, what did you observe?
A.
I saw the man slumped over the front of
the handlebars.
was gone and I walked back towards the house.
8
9
Q.
I saw that.
I knew that the danger
Did you ever see or do you recollect at
which point, if any, the front compartment that you
10
had originally seen open ever closed?
11
recollect that?
Do you
12
A.
I don't remember either way.
13
Q.
After you shot and you saw this man
14
slumped forward, did you see right at that point
15
what happened to the wave runner?
16
A.
Yes.
The momentum carried the wave runner
17
into one of the poles, I guess, of the dock.
18
that the danger was over at that time.
I knew
19
Q.
Was that the last thing you saw?
20
A.
Of the incident, yes.
21
Q.
And then you went back into the house.
22
23
24
25
Did your mom stay down there?

A.
For a few seconds, I think, or she did not
walk back with me.

Q.
When you went back into the house, what

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were you feeling?
through your mind.

A.
3
4
Tell the Judge what was going
I placed the gun back on the counter.
sat up against the refrigerator and I cried.
Q.
And when did you first see your mom?
A.
I saw my mom a few moments after that.
didn't do anything else.
refrigerator and cried.

Q.
I just sat on the
Did your mom at some point have a talk
10
with you when she came back into the house about
11
firing the weapon?

A.
12
She ran into the house, saw that I was
13
hysterically crying, and told me that she had killed
14
him.
15
16
17
It was her fault.

Q.
And did you go along with that at that
point?
A.
I mean, I was in a state of -- I mean, my
18
emotional state was indescribable.
19
said it stuck.
20
21
Q.
Whatever she
There is no question, though, Jack, is
there that you fired the shotgun, is there?
22
A.
There is no question, no.
23
Q.
Were you ever interviewed or statementized
24
at all at the scene about the events that transpired
25
until, I believe, Detective Nye interviewed you a


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couple months later?
A.
I was not interviewed, no.
Q.
At the time you fired the weapon, Jack,
what was going through your mind as to why you had
to fire it at that point?

A.
At that point I felt that it was either
him or us.
felt like my family's lives were in danger.
wasn't going to wait to find out.

Q.
10
I felt like my life was in danger.
Did your mom after this incident ever tell
11
you to lie about the event and go on and essentially
12
go along with the story that the entire threat
13
involving you or your mom was made up and that that
14
was the version of the short story that you had to
15
go with?
A.
16
She never told me that.
17
THE COURT:
18
THE WITNESS:
19
I didn't hear the answer.

She didn't say anything like
that, no.
Q.
20
When the man started coming back toward
21
the dock, toward the direction -- well, of the
22
seawall that you have described, are you lying about
23
that?
24
A.
I'm not lying about that.
25
Q.
Now, we heard in this case that according

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to, I believe, certainly the experts that have been
retained by the Munoz family, and I believe their
attorneys, that actually what happened here was that
Mr. Munoz was attempting to -MR. DURKEE:
Objection, Your Honor.
This
is an improper question.
expert testimony crossing examining a witness.

THE COURT:
He's talking about
Yes, I think you're having him
comment on what someone else is going to say
9
10
which would be objectionable.
11
asked in a certain way, but not the way it was
12
phrased.
So I will sustain the objection.
MR. MURPHY:
13
So it can be
I will ask it a different
way, Judge.
14
Q.
15
(By Mr. Murphy) Jack, did you fire this
16
weapon at Mr. Munoz when he was fleeing the area of
17
your home simply because he was stealing your wave
18
runner?
19
A.
20
No, I did not shoot him because he was
stealing the wave runner.

Q.
21
Would you ever, ever, if you could tell
22
the Judge, fire and shoot at someone with the idea
23
that they could be seriously hurt or killed simply
24
because they were taking something that belonged to
25
you?

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A.
MR. MURPHY:
2
3
Of course not, no.

That's all the questions that
I have, Judge.
THE COURT:
Cross examination, Mr. Durkee.
MR. DURKEE:
Yes, Your Honor, thank you.
CROSS EXAMINATION
7
8
Thank you.
BY MR. DURKEE:
Q.
Good morning, Mr. Davis.
10
A.
Good morning.
11
Q.
We met before, correct?
12
A.
We have, yes.
13
Q.
First of all, at the time of this incident
14
you were only 14.
Is that right?
15
A.
I was 14, yes, sir.
16
Q.
You were a minor, correct?
17
A.
Yes, sir.
18
Q.
And what grade were you in at that time?
19
A.
I was in 9th grade, a freshman in high
20
school.
21
Q.
22
So you just started high school at that
point?
23
A.
Yes, sir.
24
Q.
Now, when your sister came into your
25
bedroom, the first communication you had that


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anything was wrong was your sister saying that you
were being robbed, correct?

A.
Yes, my sister entered my room as I was
studying and she was quite emotional.
we were being robbed and mom said to grab the gun.

Q.
6
7
10
11
And she didn't tell you at that time that
multiple people were attacking the home, right?
8
9
She said that
A.
She didn't say anything about that, no,
Q.
She didn't say anything about a home
sir.
invasion at that point, correct?
12
A.
No, sir.
13
Q.
The only thing she said at that point was
14
that there was a robbery?
15
A.
Yes, sir.
16
Q.
Now, when you heard this alarming news,
17
you ran into the master bedroom -MR. DURKEE:
18
19
I would like to mark these
for ID.
20
THE CLERK:
Plaintiff's 1-G for I.D.
21
THE COURT:
I am going to give you a copy,
22
23
Your Honor.
Q.
(By Mr. Durkee) I have marked the one.
24
Does this Plaintiff's Exhibit 1-G accurately reflect
25
what your parents' bedroom looked like on that


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occasion?
A.
Yes, it does.
Q.
And when you went into the master bedroom,
you accessed a shotgun that had been strapped with
Velcro tape under the master bed.
6
7
8
9
A.
Is that right?
Yes, it was Velcro'd between a few of the
bedboards.
Q.
Let me show you a composite of three
pictures that we have marked as Plaintiff's 1-H with
10
A, B and C.
Do these photographs accurately depict
11
the way the firearm was stored underneath the bed
12
when you accessed it?
13
A.
This one is just a --
14
Q.
Oh, I'm sorry.
15
Let me see that.
I'm
sorry.
16
A.
That's fine.
The two are --
17
Q.
Let me see those real quickly.

For the record, just so we are accurate on
18
19
the record, we have C, 1-HC for ID and 1-HB for ID.
20
Do these two pictures accurately depict the way the
21
firearm was stored at the time you accessed the
22
weapon?
23
A.
24
25
From what I remember, these reflect the
way it was stored.

Q.
And basically the way it was stored was

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just put -- it was loaded, correct?
A.
It was loaded but not chambered, yes.
Q.
It wasn't chambered, but there was
ammunition in it?
A.
Yes, sir.
Q.
And it was strapped underneath the bed
with Velcro tape?
A.
Yes.
Q.
And that was the sole way that that
10
11
shotgun was stored?

A.
Yes, the shotgun was placed between the
12
bedboards and was doubly strapped with the Velcro.
13
So that would remain there.
14
15
16
17
18
Q.
And the way it was stored, in order to
grab it and go, it took a matter of seconds?

A.
Yes, I was able to unlatch it pretty
quickly.
Q.
Now, we talked about you running down the
19
stairs and then out of the house.
20
that, and I will reference --
21
22
MR. DURKEE:
Your Honor, may I approach
the witness?
23
THE COURT:
24
MR. DURKEE:
25
Now, when you did
Of course.
I am just doing this so
everybody can see.


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Q.
But when you ran out into the backyard,
you accessed the backyard through this door in your
kitchen.
Is that correct?
A.
Yes, sir.
Q.
Now, when you ran through this door going
on your way to the backyard, you ran right past an
alarm security pad, correct?
A.
Yes.
Q.
Now, that alarm security pad has a panic
10
button on it, correct?
11
A.
Yes.
12
Q.
You were 14 years old, a freshman in high
13
school at that time, did you know how to use that
14
security device for your home?
15
A.
The alarm?
16
Q.
Yes.
17
A.
I did not know the code for the alarm, no.
18
Q.
So you, at 14 years old, had not been told
19
by your parents the code on how to turn the alarm
20
off or turn the alarm on?

A.
21
Well, the alarm was off at the time so I
22
wouldn't have needed to anyways.
23
spoke to them about how to work the alarm system,
24
no.
25
Q.
But, no, I never
So I guess I just want to make sure I am

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correct on this, you didn't even know -- according
to your testimony, at 14 years old and in 9th grade,
a freshman in high school, your parents did not tell
you the code as to how to turn the alarm on or how
to turn the alarm off.
A.
system.
Q.
Is that true?
I did not know how to work the alarm
And you did not know how to set off the
panic button according to your testimony?
10
A.
No, I did not.
11
Q.
Now, you said when you first came out of
12
the door you saw -MR. DURKEE:
13
14
going to approach again.

THE COURT:
15
16
19
You don't have to ask me
again.
MR. DURKEE:
17
18
I'm sorry, Your Honor, I am
Q.
Thank you.
You saw somebody on a wave runner east of
the dock and south of the dock, correct?
20
A.
Yes, sir.
21
Q.
They were out in the bay a fair amount
22
away, right?
23
A.
Yes, they were further out.
24
Q.
They were not within the T of this dock.
25
Is that correct?

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1
2
3
A.
The first person was not within the T of
the dock, no.

Q.
Now, the first person that you saw on a
wave runner was far enough away that the only thing
that you could recognize was possibly that he had
dark hair, long dark hair.
Is that right?
A.
Yes.
Q.
You could not tell how many people were on
there, correct?
10
A.
I could not tell that, no.
11
Q.
You didn't recognize the person, correct?
12
A.
I did not.
13
Q.
You couldn't tell what skin color they
14
had, correct?
15
A.
I could not, no, sir.
16
Q.
You couldn't tell whether the person had a
17
shirt or a life vest on, correct?
18
A.
I could not tell.
19
Q.
You couldn't tell whether that person had
20
shorts on, correct?
21
A.
No, sir.
22
Q.
You couldn't tell whether that person had
23
shoes on, correct?
24
A.
No, sir.
25
Q.
You couldn't see anything in that person's

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hands, correct?
A.
Not from where I was standing, no.
Q.
You couldn't even see the color of the
4
5
6
7
wave runner, correct?

A.
I probably could see the color.
I don't
remember what it was.

Q.
I mean, at that moment when you saw the
wave runner off in the bay, at that moment you
weren't even sure whether that wave runner had
10
anything to do with this, quote, unquote, "robbery"
11
that your sister told you about.
12
A.
Is that right?
Yes, I did not know whether that was ours.
13
I didn't know whether it was involved.
14
idea about what was going on.
15
Q.
I have no
Then the only thing that that wave runner
16
did that was far out in the bay to the east of your
17
dock, to the south of your dock, was basically motor
18
and go off into the distance to a point where you
19
couldn't see him any more, right?
20
21
22
A.
Yes.
I exited my house and I saw the Jet
Ski there for a few moments before it sped south.

Q.
So at this point, I mean, you don't know
23
whether that person had anything to do with this
24
whole incident.
25
the distance and they drove away?

You just saw a wave runner off in

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A.
They had been standing there.
standing.
feeling they were probably involved.
the time I thought that was probably our Jet Ski.
was.
going on.
So I had a
Actually, at
But, no, I wasn't sure as to what the role
They had been motionless.
I mean, not
I didn't know -- I really didn't know what was
Q.
You didn't know whether it was a man or a
woman, did you?
10
A.
I did not.
11
Q.
But, I mean, when you gave your statement
12
to the police officers, when you finally gave a
13
statement, you told them that you were confused and
14
you didn't know whether they had anything to do with
15
this incident, right?
16
17
18
A.
Yes.
I was confused about essentially
everything.
Q.
So, I mean, as I said before, you saw a
19
wave runner out east of the dock, south of it pretty
20
far away.
21
that wave runner, right?
You couldn't recognize anything about
22
A.
No, not from what I recall.
23
Q.
And the only thing it did was drive away?
24
A.
Well, immediately it was standing still
25
for a few moments and then, yes, after a few moments


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it sped south.
Q.
2
3
It stayed still for a second and then
drove off south?
A.
Yes, sir.
Q.
At that time you weren't sure whether that
wave runner had anything to do with this incident,
right?
8
9
10
A.
I didn't know whether it was involved or
Q.
Whoever was on that wave runner, they
not.
11
obviously didn't do anything to cause you any fear,
12
correct?
13
A.
No.
No, sir.
14
Q.
Now, when you first came out of the door,
15
I think we established through your testimony that
16
your mother was basically on the border of the
17
seawall and the grass.
Is that right?
18
A.
Yes, sir.
19
Q.
And when you came out of the house, and
20
she was out by the edge of the seawall, she was
21
already on the phone with 911, correct?
22
23
24
25
A.
Yes, from what I remember she was already
on the phone.
Q.
So the entire time that you interacted
with your mom all the way up to the time she was

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talking to you inside the kitchen, she was on the
phone with 911, correct?
A.
Yes, sir.
Q.
Now, you proceeded to go down this walkway
that we have seen, go all the way down by the end of
the seawall, but by the time you got to the seawall,
as we talked about, the other wave runner had driven
off and was no longer in the vicinity?

A.
No.
Yes, by the time I reached my mom,
10
the other wave runner was gone pretty far south,
11
yes.
12
Q.
Now, as you walked towards your mother and
13
you start getting closer and closer -- we have
14
marked this as Plaintiff's 1-I for ID.
15
basically the step area.
This is
Is that right?
16
A.
Yes.
17
Q.
And then you proceed -- your mother was
18
out here by the edge of the seawall.
Is that right?
19
A.
Yes, sir.
20
Q.
And you proceeded to come back out here
21
and start walking towards her.
22
somebody very close to the seawall and you really
23
couldn't see this person because they are down by
24
the water when you first came out of the house.
25
that right?
As you did, you saw

Is
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A.
1
2
couldn't see that person.

Q.
3
4
You couldn't see anybody other than the
person that was way out far away from the dock?
5
6
When I first exited the house, yes, I
A.
I mean, I could see my mom and that was
Q.
Then you went towards your mother and as
it.
you got closer and closer, that's when you started
to realize there was another person in front of your
10
mother on a wave runner?
11
A.
Yes.
12
Q.
And then when you saw that person, you
13
realized, or at least you thought, that that person
14
was on your wave runner.
Is that right?
15
A.
Yes.
16
Q.
I think we established this, but he was
17
left of the dock.
Is that right?
18
A.
Yes, he was on the left side of the dock.
19
Q.
He was in front of your mother?
20
A.
Yes.
21
Q.
And at that point he was probably under
22
15 feet away from the seawall?
23
A.
Probably, yes.
24
Q.
At that moment the wave runner was
25
definitely off of your property, off of your seawall


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and into the bay, correct?
A.
He was in the water, yes.
Q.
At that moment the fellow who was on the
wave runner was completely off your property, he was
off the seawall and he was on the wave runner which
was in the bay?
A.
Yes.
Q.
Now, at that point you have your shotgun
with you.
Is that right?
10
A.
I do.
11
Q.
And when you come up by your mother with a
12
shotgun, the person on the wave runner makes eye
13
contact with you?
14
A.
Yes, he does.
15
Q.
You would assume he saw you, correct?
16
A.
Yes.
17
Q.
You would assume he saw the gun?
18
A.
Yes.
19
Q.
At that point this fellow who sees you
20
21
with a shotgun, he doesn't have any reaction?

A.
No.
At that point I saw that we are
22
making eye contact and I racked it so that he could
23
see I was racking it.
24
25
Q.
Right, but before you racked it, he looks
up from the wave runner and he sees you with a


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shotgun and he doesn't have any reaction?
A.
The expression did not change, no.
Q.
He didn't jump off the wave runner and try
to swim away?
A.
No, sir.
Q.
He didn't try to motor the wave runner
from you?
A.
No, sir.
Q.
He had no reaction?
10
A.
No, sir.
11
Q.
And at this moment when you first saw him,
12
he was leaning over the front of the wave runner
13
with both hands in the front compartment.
14
correct?
Is that
15
A.
Initially, yes.
16
Q.
And the front compartment was open?
17
A.
It was.
18
Q.
Let me show you what I have marked as 1-J
19
for identification.
20
A.
Yes, sir.
21
Q.
Now, I know I am not exactly the same
22
proportion as Mr. Munoz, but I do believe this is
23
exactly the same replica of your wave runner.
24
mean, generally this is the way you perceived this
25
individual when you first saw him leaning over the


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front handlebars and his hands going into the front
compartment.
A.
Yes.
Q.
This is generally how he was situated?
A.
Generally how I saw him, yes.
Q.
And he remained in that position basically
Is that true?
the entire time up to the point where he started to
motor away.
A.
9
10
Is that right?
He remained like that until the Jet Ski
began to move in a clockwise motion, yes.

Q.
11
So he remained leaning over these
12
handlebars looking at you with both hands in the
13
front compartment all the way from the time he
14
started to motor away and going in that clockwise
15
position away from the seawall, right?
16
A.
Yes.
17
Q.
Now, when you first start to come down to
18
the seawall while this individual, according to your
19
testimony, has his hands in the front compartment,
20
your mother is yelling, yelling, "Let it go.
21
go.
22
Is that right?
Let it
Just let it go," or something to that affect.
23
A.
Something to that affect, yes.
24
Q.
Now, she was excited, alarmed, correct?
25
A.
She was terrified, yes.

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Q.
And she was screaming, "Let it go"?
A.
Yes.
Q.
In the mix of this commotion, she then
says to you that he has a gun?

A.
Well, she told me he had a gun immediately
upon arrival.
go from what I remember.

Q.
8
9
This is before she told him to let it
Let me direct you to Page 42 of your
testimony.
I think you first told me in your
10
deposition that when you first went down to the
11
seawall, the first thing your mother said was she
12
was screaming at the fellow in the water to, "Let it
13
to, just let it go."

A.
14
I mean, it's possible, but I definitely --
15
the first thing I remember being told to me was that
16
he had a gun, the first words directed to me.

Q.
17
Now, then either shortly before that or
18
shortly thereafter she started screaming, "Let it
19
go"?
20
A.
Yes.
21
Q.
And she was screaming that, right?
22
A.
To him, yes.
23
Q.
Now, was she screaming, "He has a gun.
24
25
He
has a gun"?
A.
No, I was standing inches from her so she

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just told me.
Q.
Did she whisper it?
A.
She said it to me.
Q.
Now, did she tell you where the gun was?
A.
No.
Q.
And I think your testimony today was you
just assumed that it was in the front compartment,
but you have no idea, right?

A.
Yes, I assumed it was in the front
10
compartment.
11
yes.
12
13
Q.
I didn't spot it right off the bat, so
And your mother didn't tell you it was in
the front compartment, correct?
14
A.
No, she just told me he had a gun.
15
Q.
While you were down there did she start
16
telling you or screaming at you that there may be
17
other assailants coming at the property?
18
A.
No, she didn't say anything like that.
19
Q.
Did she ever warn you either screaming or
20
telling you that she thought these people may be on
21
drugs?
22
A.
She never told me any of that, no.
23
Q.
Did she ever tell you that this may be a
24
25
home invasion and be careful?

A.
She didn't say that.

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Q.
I mean, we already established when you
came out of the home, during the entire time she was
on the phone with 911, right?
A.
Yes.
Q.
Now, when you first saw the wave runner,
you don't know as you sit here today which way it
was pointed when you first saw him, do you?
A.
I don't remember which way, no.
Q.
When you first saw the wave runner, you
10
don't know which way the individual was facing
11
exactly, do you?
12
A.
No.
Not exactly, no.
13
Q.
And at that time the wave runner was on?
14
The entire time when you got to the seawall from
15
what you recall the wave runner was on?
16
A.
Yes, the engine was running.
17
Q.
And you thought it was in idle because he
18
didn't have any hands on the handlebars, right?
19
A.
Yes.
20
Q.
Now, you stated here today that your
21
experience with the wave runner is if it's off, it
22
will move forward, correct?
23
A.
If it's off, it won't move anywhere.
24
Q.
I'm sorry, you're correct.
25
If it's on but
in idle, it will move forward?


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1
2
3
4
A.
If it's on while in idle, yes, it will
chug forward.
Q.
And you know for a fact that it was on
when you went down to the seawall, right?
A.
Yes.
Q.
Now, when I took your deposition, I think
you told me that you were not sure whether a wave
runner would go forward or not go forward when it
was in the idle position.
10
11
12
13
14
Is that something you
have now come to know?

A.
I have come to know that now.
I didn't
understand how a wave runner worked specifically.

Q.
So that's something that you came upon
after you were deposed.
Is that right?
15
A.
Yes.
16
Q.
I mean, as you told me, when you came on
17
the seawall, this fellow was sitting on the wave
18
runner.
19
in the front compartment and you were able to
20
visualize him in front of your mother for a period
21
of time before he started to motor out towards -- in
22
a clockwise position, correct?
23
He was straddled on it.
A.
He had his hands
Yes, the wave runner throughout most of
24
the incident was spinning itself.
25
like that.
It was moving
It wasn't actually moving anywhere, per

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1
2
3
4
5
se, but it was spinning.

Q.
So was it spinning like a top or was it
actually driving in circles?

A.
It was not driving in circles.
It was
spinning literally like a clock.
Q.
Like a clock?
A.
Yes.
Q.
Or like a top where it's just --
A.
Or like a top, yes.
10
Q.
It's completely in a circle and it's going
11
12
13
14
in circles?
A.
Yes.
anywhere.
Q.
For the most part it wasn't moving
It was just spinning.

I think we talked about it, you continued
15
to make eye contact with the individual during this
16
time, correct?
17
A.
Yes, we made eye contact.
18
Q.
And your mother continued to scream,
19
"Stop, stop, let it go," correct?
20
A.
Yes, she screamed that a few times.
21
Q.
And at that point, you racked the shotgun,
22
correct?
23
A.
Yes, while making eye contract I racked
24
the shotgun.
25
Q.
Now, you have a fellow who is trying to

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take a wave runner and he's in front of you.
now seeing your mother, correct?
He's
A.
Yes.
Q.
He's now seeing you come out of the house
with a shotgun, correct?
A.
Yes.
Q.
He's now seeing you rack the shotgun,
correct?
A.
Yes.
10
Q.
He's still sitting there making no
11
12
13
reaction just looking at you?

A.
He at that point continued to fumble with
whatever he was fumbling with up front.
14
Q.
He didn't move out of the way, correct?
15
A.
No.
16
Q.
He didn't jump in the water?
17
A.
He did not jump in the water.
18
Q.
He didn't throw on the accelerator and
19
take off like a bat out of whatever, correct?
20
didn't run?
He
21
A.
No, no.
22
Q.
He just sat there looking at you?
23
A.
Yes.
24
Q.
Now, you told me he sat there for about
25
two to four seconds and then he started to head out,


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1
2
3
4
right?
A.
I don't remember how many seconds.
It's
possible.
Q.
You told me in your deposition a while
back that it was about two to four seconds.
that seem about right?
Does
A.
Probably, yes.
Q.
Now, at some point the wave runner starts
9
10
11
12
13
to move in a clockwise position away from the

seawall.
A.
Is that right?
Yes, it began to move forward and stop
spinning.
Q.
At that point does the fellow on the wave
14
runner have both of his hands in the front
15
compartment still?
16
A.
No, one hand is in the front compartment.
17
The other hand, I don't remember which, was on the
18
steering wheel or handlebars.
19
Q.
And since we are assuming -- I mean, you
20
are assuming at this point he starts to use the
21
accelerator and moves out.
Is that right?
22
A.
Yes.
23
Q.
Or move in a clockwise direction?
24
A.
Yes.
25
Q.
But away from the seawall?

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A.
He was moving away from the seawall.
Q.
So now you got your mother out there on
the seawall.
have a racked shotgun and he's heading out towards
the bay, right?
You're out there on the seawall.
You
A.
Yes, out towards the bay.
Q.
And he takes his eyes off of you and your
mom and starts looking away from you, correct?
A.
Yes.
10
Q.
At that point you could fall back.
11
12
that true?
A.
I did not immediately think to run back
13
into the house when he turned.
14
split second.
15
16
17
18
19
20
Is
Q.
I mean, it was a
But at that moment, nobody was looking at
you, right?
A.
For that second, yes, no one was looking
at me.
Q.
The other person on the other wave runner
was gone?
21
A.
Yes.
22
Q.
And you got a shotgun in your hands,
23
right, fully loaded and fully racked, right?
24
A.
Yes.
25
Q.
And you don't think at that point in your

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moment of fear to at least start moving back towards
the house, the security of your home?
A.
I'm confused by the way your question is.
You're saying that I did not think to walk -- to run
back into my house?
Q.
Yes.
You're out there with a shotgun.
You've got a fellow, you don't know who he is, you
think he's robbing your wave runner.
shotgun in your hands, your mother is right there.
10
You racked it.
11
back towards the house?
12
13
A.
You're scared.
You've got a
Why not start moving
Well, I mean, running back towards the
house will imply having to turn around.
14
Q.
Well, no, you could back up, couldn't you?
15
A.
I mean, again, this is split seconds.
16
wasn't thinking about ways I could move without
17
exposing my back.
18
Q.
I was 14.
But you are saying the reason you didn't
19
run back to the house because you were scared you
20
were going to turn your back and run?
21
A.
I mean, I was terrified, period.
22
move because I was terrified.
23
leave my mom out on the dock.
24
25
Q.
I didn't
I wasn't going to
If you were so terrified, why didn't you
try to get away from what was terrifying you?


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1
2
3
4
5
6
A.
I wasn't going to leave my mom on the dock
under any circumstances.

Q.
Why didn't you say, "Mom, let's go.
Start
falling back"?
A.
Because it was a split second that he
turned around.
Q.
Now, again, we have already previously
marked this.
Plaintiff's 1-F for ID.
This has been previously marked
10
Does this basically reflect about the way
11
he was situated with one hand -- and you don't know
12
exactly which hand, and I am not committing you to
13
which hand, but approximately was this the position
14
he was in when he was trying to drive away from the
15
seawall?
16
A.
Yes, sir.
17
Q.
Now, if he just continued to go out
18
towards the bay, you would not have shot him, right?
19
A.
No, sir.
20
Q.
That would be wrong, right?
21
A.
Absolutely.
22
Q.
Because someone that is fleeing, someone
23
that is moving away from your premises, you
24
understand enough about firearms you could not shoot
25
him, right?

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A.
Absolutely.
Q.
Now, as your mother is excited and is in
what you're saying in a live-and-death situation,
she starts screaming at you when he starts moving
out away from the seawall, "Wait, wait, wait."
that right?
A.
Is
I was standing next to her and she was
only screaming when she was addressing the man on
the Jet Ski standing inches away.
10
to me.
Q.
11
12
So she said that
You never told the police that she was
screaming, "Wait, wait, wait"?

A.
13
I mean, she told me.
She may have said it
14
in a loud voice.
15
going to be screaming as if she was talking to the
16
guy.
17
Q.
She told it to me.
She's not
I mean, this is a live-and-death
18
situation, she's not going to scream at a person
19
holding a shotgun next to her, "Wait, wait, wait,"
20
she's going to calmly tell you that?
21
A.
Not calmly, but I was standing inches away
22
from her face.
23
mean, she definitely didn't say it calmly.
24
didn't whisper it.
25
wait," urging me to wait.

Screaming would be unnecessary.
She
She told me to, "Wait, wait,

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Q.
Didn't you tell the police on Page 47 of
the police report, quote, "She was excited and said
'Wait!
Wait!
Wait!
Very quickly.'"
A.
Yes, she told me to "Wait, wait, wait."
Q.
She said that in an exited manner,
correct?
A.
She was terrified so I wouldn't use the
word excited but, yes, she was in her same state so
she told me to, "Wait, wait, wait."

Q.
10
But you did use the word "excited" when
11
you gave your statement to the police, right?
12
you want to look at the statement that you gave to
13
the police?
A.
14
15
Sure.
Do
I mean, I may have used the word
"excited," but I don't like to use that now.

Q.
16
So you're saying she wasn't excited when
17
she gave you the instructions to, "Wait, wait,
18
wait," a life-and-death situation when this fellow
19
is going away from the seawall?

A.
20
21
told me to, "Wait, wait, wait."

Q.
22
23
She
That's --
I'm trying to find out if she said it in
an excited tone like you told the police?

A.
24
25
I'm confused by what you're asking.
tone.
Yes, she told me in an urgent emotional

I don't like to use the word excited.

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Q.
In the statement you gave the police, am I
correct or am I wrong that you said quote, "She said
as she was excited, 'wait, wait, wait'"?
A.
Yes, I may have said that at the time.
Q.
In fact, when I took your deposition, on
Page 53 of your deposition:

"Q.
And when she says, 'Wait, wait,
wait,' those type of things, she's not using the
normal tone of voice, right?

"A.
10
11
12
13
14
No.
She was screaming at me to wait
because she thought he was fleeing."

A.
Yes, she told me to wait because she
thought he was fleeing.

Q.
But didn't you tell me in your deposition
15
she was screaming at you to wait because she thought
16
he was fleeing?
17
A.
She told me to wait because she thought --
18
she told me urgently with emotion.
19
excitedly, if you would like to use that term, she
20
told me to wait.
21
Q.
I guess
I know, but I'm going further than
22
excited.
At the time of your deposition when you
23
were sworn under oath to give sworn testimony, your
24
first statement to me was, quote, "No, she was
25
screaming at me to wait because we thought he was


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fleeing."
A.
Yes.
Q.
So was she screaming, was she in an
4
5
excited tone or did she just tell you?

A.
When I said, "screaming," I meant she told
me, as you like to say, in an excited way.
not whisper it.
told me with emotion at the time that -- she told me
to wait.
10
Q.
She did
She did not tell me calmly.
She
I am correct to say that in your
11
deposition you told me she was screaming that,
12
didn't you?
13
A.
Yes.
14
Q.
Now, the entire time you were out there
15
you had visualized a wave runner that was really far
16
off your premises that fled and went away from your
17
property, correct?
18
A.
Yes, moving south.
19
Q.
Then you came upon another individual who
20
was on top of a wave runner and the only thing he
21
ever did was fumble around in the front compartment,
22
correct?
23
A.
Yes.
24
Q.
And then he started to motor away from
25
your property, correct?


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A.
Yes.
Q.
With one hand in the front compartment,
right?
A.
Yes, sir.
Q.
And the only act, the only act that you
saw that you visualized that he made any movement
towards you or your mother was to turn the wave
runner to the right towards the dock.
Is that true?
A.
Yes, sir.
10
Q.
You never saw a gun, correct?
11
A.
I didn't see a gun, no.
12
Q.
He never pulled anything out of the front
13
compartment, correct?
14
A.
No.
15
Q.
His hand never came out of the front
16
compartment, right?
17
A.
It did not.
18
Q.
The only action he ever took that made any
19
movement towards you or your mother was when he
20
turned the wave runner to the right and started
21
going toward the dock.
Is that right?
22
A.
Yes, sir.
23
Q.
That is when you shot him?
24
A.
Yes, sir.
25
Q.
He never said anything to threaten you,

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correct?
correct?
He never verbalized any threat to you,
A.
No.
Q.
He looked at you the whole time and
fiddled around in the front compartment, right?
A.
This is what he did, yes.
Q.
He never pointed at you?
fists at you?
weapon or anything else?
He never made
He never brandished any type of

The only thing that he did
10
was keep his hands in the front compartment, then
11
take one hand out of the front compartment and
12
started to motor in a clockwise direction and then
13
eventually turned a little bit towards the dock.
14
that right?
Is
15
A.
Yes, sir.
16
Q.
And that's when you shot him?
17
A.
Yes, sir.
18
Q.
Now, when you shot, you injured your lip
19
because you held the gun up by your lip and the
20
recoil hit your lip.
Is that right?
21
A.
Yes, sir.
22
Q.
Now, when you fired the weapon, you were
23
24
25
looking down the barrel of that firearm, correct?

A.
I don't remember exactly where I was
looking but, yes, I was aiming it like a rifle.


So
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I held it up to my face.
Q.
And your eyes were going down the barrel
of the gun towards what you were shooting at.
that right?
A.
5
6
Again, I don't
remember exactly where I was looking.

Q.
7
8
I would imagine so.
Is
I mean, you weren't looking at your
mother, were you?
A.
I was not, no.
10
Q.
You weren't looking toward the house, were
A.
I was definitely looking at the weapon as
11
12
13
14
you?
I was raising it.

Q.
I don't remember exactly where.
You raise the weapon and eventually you
15
look and you are going to at least look at what
16
you're shooting at, correct?
17
A.
18
immediately.
19
the weapon and pulled the trigger.
20
aiming.
21
specifically at what I was aiming at.
22
the general direction as I would with a shotgun and
23
pulled the trigger.
24
25
Q.
I raised the weapon and pulled the trigger

I didn't aim.
I didn't -- I pointed
I was not
So, no, I did not -- I was not looking

I pointed in
Isn't it true you told me he was looking
at you when you pulled the trigger?


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A.
No.
He -- well, he may have been.
Again,
from what I remember, the last time I saw was when
my mother told me shoot and at this point I was
paying attention to the weapon.
looking at me.
really don't know where he was looking by the time I
pulled the trigger.
8
9
Q.
He may have been
He may have been looking away.
Didn't you tell me during your deposition
on Page 54, Line 5:

"Q.
10
Did you ever hesitate and think --
11
you know, I don't know, tell me what you were
12
thinking at that moment.
13
what did you think?

"A.
14
When she said, "shoot,"
Well, as he turned back towards us
15
and made eye contract I was afraid he was going to
16
shoot us so I didn't hesitate.
17
have shot whether she said so or not."
18
A.
I probably would
Yes, prior to her saying, "shoot," he did
19
make eye contact with one hand in the compartment.
20
She said, "shoot," then I raised my weapon and
21
fired.
22
weapon.
I did not make eye contact while raising my
But, yes, you're correct, I did say that
23
24
and he did make eye contact prior to me pulling the
25
trigger.

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Q.
And you have no idea as sit here today the
way he was situated when you actually pulled the
trigger and shot him?
4
5
6
7
8
9
10
11
12
A.
No, I honestly don't know where he was
looking or where he was facing.

Q.
But you did tell me that you didn't
hesitate once you made eye contact.

A.
Is that true?
I didn't hesitate once we made eye contact
once he made the right turn is what triggered me to

fire, yes.
Q.
He made -- he was going out towards the
bay, correct?
13
A.
Yes.
14
Q.
He then made a right-hand turn in a
15
clockwise direction?
16
A.
Yes.
17
Q.
He made eye contact with you and you did
18
not hesitate and fired?
19
A.
Yes, my mother said, "Shoot," and I fired.
20
Q.
So, I mean, we are not talking about
21
seconds.
22
fired?
I mean, you did not hesitate and you
23
A.
Yes, sir.
24
the trigger.
25
Q.
I raised the weapon and pulled
I did not hesitate.
So right after he made eye contact with

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you and you did not hesitate, you got the weapon up
and pulled the trigger, right?
A.
As he made the right turn, yes.
Q.
He made the right-hand turn, he made eye
contact with you, and then you told me you did not
hesitate, you fired because you were scared?
7
8
A.
Yes, he was making eye contact throughout
the turn.
So as he made the right turn, I, yeah --
Q.
You didn't hesitate?
10
A.
My mother said, "shoot," and I raised the
11
12
13
weapon and pulled the trigger.

Q.
I didn't hesitate.
Now, when you went inside, you had blood
on your shirt, right?
14
A.
Yes, sir.
15
Q.
And somebody made you change your shirt.
16
17
Is that true?
A.
Yes, my shirt was covered in my blood.
18
maid, who saw me crying against the refrigerator,
19
took off my shirt.
20
21
22
23
24
25
Q.
My
And she took the other shirt and threw it
in some water or cleaning substance, right?

A.
I don't know what she did with it.
I was
against the refrigerator.

Q.
Eventually you were taken out by the
police and taken a picture of and there is a wet


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shirt next to you.
Do you want to see that picture?
A.
Sure.
Q.
Let me mark this.
I guess it is not you
standing next to it, but at some point they took a
picture of your wet shirt.
wet in this shooting incident, did you?
I mean, you didn't get
A.
No, I did not.
Q.
This is Plaintiff's 1-K for ID.
9
10
It was not wet.

I mean,
somebody took your shirt and threw it is some water,

right?
A.
11
Yes.
My maid -- upon entering the house
12
my maid saw me crying.
She tried to comfort me and
13
then she saw that my shirt had blood on it and, yes,
14
took it off me.

Q.
Why did she throw it in water, do you
17
A.
I don't know.
18
Q.
She wasn't trying to clean it, was she?
19
A.
I don't know why.
15
16
20
21
22
23
24
25
know?
where she put it.

Q.
I didn't even know
I was against the refrigerator.
She wasn't trying to alter the evidence at
that point, was she?

A.
I was against the refrigerator.
Again, I
don't know what my maid was doing, why she did it.
Q.
Now, after you shot this individual, your

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mother came into the home and started to yell at you
and tell you that she shot the person, she killed
him?
A.
Yes, she saw that I was crying against the
refrigerator and saw that I was obviously very
emotional and she told me that she killed him.
was her fault.

Q.
8
9
10
It
When she told you that, you got a little
confused because you weren't sure what you were

supposed to tell the police at that point, correct?
A.
11
I mean, at that point, again, I was
12
against the refrigerator and I saw my mom.
13
absorbed what she told me and I continued to cry.

Q.
14
And after that, you were just going to
15
follow what she said that she had shot the weapon
16
and she had killed him, right?

A.
17
I was never interviewed so I am confused
18
by that question.
19
police -- I was never interviewed until Detective
20
Nye.
21
Q.
I was never asked by any
Well, in the police statement that you
22
gave to Detective Nye, you admitted to telling the
23
fire rescue people that you had gotten hit by your
24
mother when she fired the weapon.
25
A.
Yes.
Is that true?
The fire rescue people, I suppose,

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asked me how my lip was broken and, yes, I at that
point took what my mother said to me to mean that
she was going to try to take the blame for the
entire incident, everything that had happened.

Q.
So you admitted to Detective Nye when she
interviewed you that you had lied to the fire rescue
people about how you injured your lip, correct?
A.
Yes, sir.
Q.
That was based on your mother's
10
instruction when she came inside the house that
11
basically she was telling you that she shot him,
12
right?
A.
13
Yes, my mother saw that I was emotional
14
and in an attempt to comfort me, told me that it was
15
her fault, that she had killed him.

Q.
16
It wasn't me.
And, again, while you were in the home
17
when she was screaming at you telling you, "I shot
18
him.
19
Is that right?
20
21
22
I shot him," she has the 911 phone with her.
A.
I don't remember.
I don't remember if she
was still holding the phone at that point.

Q.
Do you ever remember telling Detective Nye
23
in your statement to Detective Nye that when your
24
mother was screaming inside of the home, she still
25
had the phone with her?

It was in her hand, but not

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to her ear?
A.
2
3
don't remember.
Q.
4
5
I may have said that.
As of right now, I
I may have said that at the time.
Do you want to see your statement to
Detective Nye?
A.
Sure.
Q.
If you can, the bottom of the first
paragraph, the very last line in your statement to
Detective Nye.
THE COURT:
10
You look at it.
I am just
looking over your shoulder.
11
12
Q.
The very last sentence.
13
A.
Yes.
14
Q.
So you told Detective Nye that your mother
15
had her phone with her as she was screaming to you
16
in the kitchen that she had fired the weapon and
17
that you didn't?

A.
18
I believe there she just said that she
19
told me emotionally.
20
it.
21
I said, yes.
22
Q.
I don't believe she screamed
Again, I don't remember now.
But based on what
I don't understand what you're saying.
23
Did she have her phone with her when she was in the
24
kitchen with you telling you that she had shot the
25
weapon?

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A.
Again, as of right now, I don't remember.
But based on what I said at the time, yes, I would
believe so.
4
5
Q.
So this statement refreshes your
recollection.
Is that true?
A.
Yes.
Q.
And now you do believe she had her phone
with her when she was telling you this in the
kitchen, correct?
10
11
12
A.
Yes.
If that's what I said a month later,
then that's probably what happened.

Q.
Well, it wasn't a month later.
13
about that.
14
this incident happened in May.
Let's talk
A statement was not taken of you --
15
A.
Yes, sir.
16
Q.
The police never interviewed you that day,
17
correct?
18
A.
They did not.
19
Q.
They didn't interview you until November.
20
21
22
Is that right?
A.
Yes, or I don't remember when they
interviewed me.
23
Q.
Months and months later?
24
A.
Yes, a long time later.
25
Q.
It was after the black device had been

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found in the front compartment, correct?

A.
2
3
I don't know.
I don't know at what point
the investigation was.

Q.
If I were to tell you that they found the
black box in the front compartment a few weeks or
maybe a month or two after the incident, obviously
your statement was way longer after that, right?

A.
8
9
I suppose so.
Again, I don't know when
the black back was found.

Q.
10
And obviously, your statement wasn't taken
11
until you found out that Reynaldo was deaf and mute.
12
Is that right?
A.
13
14
out.
16
Did you know he was deaf and mute when you
gave your statement in November?

A.
17
18
It's possible.
Q.
15
Again, I don't remember when I found that
It's possible.
I really don't remember.
Probably.
Q.
19
Now, after she talked to you inside of the
20
bedroom -- I mean, inside the kitchen, she went back
21
out of the home, correct?

A.
I wasn't paying attention to where my mom
24
Q.
She didn't stay with you in the kitchen?
25
A.
Not from what I remember, no.
22
23
went.

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Q.
Now, after all of this, and the police got
there and everything else, before the police ever
spoke to you, before they attempted to do any type
of test on you, like gunshot residue, or anything
else, they allowed you to go off the premises with
your dad.
A.
Is that right?
Immediately they sent me to the family
room by myself on the couch where I spent a good
deal of time.
After the fire rescue people looked
10
at my lip, spoke to me, then they let me -- yeah,
11
then they let my dad back on and let him take me to
12
the emergency room.
13
Q.
And your dad is a lawyer, right?
14
A.
Yes.
15
Q.
Did you also have a family friend who is a
16
17
18
19
lawyer, Mr. Stephen Marino, there with your dad?

A.
I believe he got there before my dad.
My
dad was at work.

Q.
When your dad came in on the premises and
20
started to talk to you and your mom, Steve Marino
21
was right next to him also and he's a lawyer, too,
22
right?
23
A.
There was never a time that we all got
24
together and spoke.
25
my dad because he was around the corner.

Steve Marino was there before

He's a
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family friend.
saw that I was crying.
dad.
4
5
Q.
He, again, tried to comfort me and

He just got there before my
Right, Mr. Marino was allowed on the
premises to give you some kind of comfort, right?
A.
Yes, he was allowed on the premises.
Q.
And he's a lawyer friend of your dads,
too, right?
A.
Yes, an injury attorney.
10
Q.
And you left the premises with your dad
11
12
13
14
before the police interviewed you.

A.
Yes.
Is that right?
The only time the police interviewed
me was with Detective Nye.

Q.
At that point, that's the first time you
15
really communicated and you communicated it to your
16
dad that you were actually the one that shot the
17
weapon, right?
18
19
20
A.
Yes.
At that point I told my dad that I
had shot the weapon and I told him the story.

Q.
And at that point when you're driving to
21
the emergency room with your dad, the police still
22
believe your mother had shot the weapon.
23
right?
24
25
A.
It's possible.
Is that
I don't know what the
police believed.

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Q.
I mean, if they followed your story to the
fire rescue people that your mother had fired the
weapon and you got hit with the kickback from the
firearm, they would be investigating your mother who
was doing the shooting, not you.
A.
Is that right?
I mean, again, I only spoke to fire rescue
people so I don't know who the police spoke to or
what their investigation entailed.
the fire rescue people and that's what I told them.
10
Q.
I only spoke to
Right, but if the police were going to
11
start investigating the facts as you had
12
communicated it to the fire rescue people, they
13
would have been investigating your mother as the
14
shooter, not you, correct?
15
16
17
18
19
A.
I mean, I don't know what the police did.
I was gone.
Q.
I was in the emergency room.
I mean, that was your story to the fire
rescue people?
A.
I told that to the fire rescue people.
20
that point, I went to the emergency room.
21
Everything else I don't know.
22
23
24
25
Q.
At
I wasn't there.
You knew it was wrong to lie to the fire
rescue people, didn't you?

A.
Yes.
Well, I mean, wrong in the sense
that it wasn't the truth, but my mother just told me


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that she had done it so I didn't know what else to
do.
Q.
I mean, lying to a person of authority, a
person like a fire rescue person who is trying to
find out what happened to you is wrong, right?
A.
Well, the fire rescue person was trying to
address my wound.
cleared up later on.
Q.
I figured at the time it would be
So you didn't think it was wrong to lie to
10
the fire rescue people?
11
or not?
12
A.
Do you think that was wrong
I didn't feel good but, again, no officer
13
morality, but it didn't feel nice, but I was just
14
following what my mother had said to me.
15
Q.
I mean, you had just fired a shotgun and
16
killed a young man in the front of your house and
17
less than a half hour later, you're lying to the
18
fire rescue people who shot the weapon.
19
true, right?
20
A.
This is true.
21
Q.
Now, the thing that caused you fear was
That's
Yes, it is.
22
your belief, your assumption that there was a
23
firearm in the front compartment of that wave
24
runner, right?
25
A.
Well, yes, I was told by my mother upon

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arriving that he did have a firearm in his
possession.
I assumed that it was probably in the front
compartment, which he was fumbling around in.
Q.
I didn't know where it was.
But, yes,
And the last time you saw Reynaldo on the
wave runner, the wave runner's front compartment,
according to your story, was still completely open,
correct?
A.
Yes.
10
Q.
And his hand was still in the compartment
11
when you fired the weapon so it physically couldn't
12
close because his hand was in there, right?
13
A.
I am confused about when you're asking me.
14
Are you asking me before I pulled the trigger, after
15
I pulled the trigger?
16
Q.
The last time you remember seeing him, the
17
last time you remember seeing Reynaldo on the wave
18
runner, whether it is right before you shot, right
19
after you shot, the front compartment was open,
20
right?
21
A.
Yes.
It was right before I shot.
It was
22
during the brief moment we made eye contact prior to
23
me shooting, yes, his hand was in the compartment
24
and the compartment was still open.
25
Q.
Now, if the thing that was causing you the

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most fear was the belief or the assumption that
there was a firearm in that front compartment and
that's why you pulled the trigger on that fateful
day --
A.
Yes.
Q.
-- once the story started to come out that
you actually fired the weapon and not your mother,
why didn't you tell the cops, "Look in the front
compartment.
10
A.
There should be a gun in there"?
I was never interviewed by the cops.
11
mean, in my emotional state I am not going to go and
12
try to assist in the investigation.
13
to figure things out.
14
Q.
I will just try
When you're alone with your dad,
15
completely alone with your dad and you're bleeding
16
your heart out to him, you knew the thing that would
17
save you, the thing that would be reasonable, "Dad,
18
I shot him because he had a gun."

Why didn't you tell your dad, "It's in the
19
20
front compartment.
21
the front compartment.
22
Why didn't you do that?
23
A.
It never came out.
Go look in
That's where the gun is."
Again, after pulling the trigger, I didn't
24
see where things went.
25
to assist in the investigation.

I mean, again, I'm not going

I was trying to

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1
2
3
4
figure my own things out.

Q.
I mean, you didn't do anything wrong.
wouldn't you try to assist in the investigation?

A.
I was never asked or investigated.
never interviewed.
busy talking to psychologists about what had
happened.
8
9
Why
Q.
I was 14 at the time.
I was
I was
But you told your dad the story that you
just told us, right?
10
A.
Yes.
11
Q.
You told him that there was a gun in the
12
front compartment and that's the last place you saw
13
it, right?
14
A.
Yes.
I told him exactly what I told you.
15
Q.
Right.
And your dad didn't go to the
16
police and say, "Guys, look in the front
17
compartment"?
18
front compartment?
19
20
21
22
A.
Did your dad ever go look in the
I don't know what my dad did or said.
don't -- I only know what I did.

Q.
You saw scuba divers at some point scuba
diving in the water all around the dock, right?
23
A.
I did not.
24
Q.
You never saw that?
25
A.
I don't believe I did.

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MR. DURKEE:
1
2
Your Honor.
THE COURT:
MR. MURPHY:
Any redirect?
Yes.
REDIRECT EXAMINATION
5
6
I have no further questions,
BY MR. MURPHY:
Q.
Jack, I want you to assume for purposes of
this question that there was a three second
difference or lapse between the time your mom said
10
shoot until we hear the sound of the shotgun being
11
discharged.
12
assuming that's the case, in those three seconds?
13
A.
14
weapon.
15
Q.
16
No.
Do you know what Mr. Munoz did,
I was paying attention to raising my
I didn't know what he was doing.

Did you know if he turned his head either
way or even turned his head at all?
17
A.
I have no idea.
18
Q.
In those three seconds, assuming that is
19
the case, do you know whether the wave runner
20
changed any position from when you last saw it?
21
A.
No, not from what I know.
22
Q.
Do you know if it moved in any direction
23
at all, spinning again, whatever, in those three
24
seconds from the time your mom said shoot until you
25
discharged the weapon?


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A.
No, in those three seconds I was paying
attention to the weapon.
to anything that was going on in front of me.
MR. MURPHY:
THE COURT:
Okay.
Thank you.
Thank you very much.
(Witness excused.)
THE COURT:
10
Okay.
You may step down, Mr. Davis.
I wasn't paying attention
We have been going for an hour
and a half, so let's take a short break.

minutes.
11
Who is your next witness?
12
MR. MURPHY:
13
THE COURT:
14
Mr. Davis.
Okay, let's take about ten
minutes.
15
(Recess taken.)
16
THE COURT:
17
18
Ten
Mr. Davis, will you raise your
right hand to be sworn in.

Thereupon:
JEFFREY DAVIS, ESQUIRE
19
20
was called by the Defendant and, after first being
21
22
THE COURT:
Keep your voice up nice and
23
loud so all of the persons here in court can
24
hear you.
25
THE WITNESS:
Yes, sir.

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DIRECT EXAMINATION
1
2
BY MR. MURPHY:
Q.
3
4
Mr. Davis, tell us your name and your
address and what your occupation is.
A.
Jeff Davis.
Miami Shores, Florida.
Lawyer.
Q.
What kind of lawyer are you?
A.
I'm a plaintiff personal injury lawyer.
Q.
Tell us, Mr. Davis, about your family.
10
How many children do you have and also could you
11
tell us their ages?

A.
12
Sure.
I hope I get them all right.
13
have three children.
14
boy.
15
daughter, Victoria, is 12.
He's 18.
Jack is my oldest.
He's a
My daughter, Abigail, is 15 and my
16
Q.
And where do your daughters go to school?
17
A.
Both go to Ransom now.
18
Q.
And we've heard Jack goes to Cornell?
19
A.
Jack has graduated and is in college, yes.
20
Q.
I am going to try to get right to the
21
incident involved in this case, Mr. Davis, but we've
22
heard some questions, first of all, about an alarm
23
system you put in your house.
24
you put an alarm system in.
25
A.
Tell the Judge why
Well, I had an alarm system, but I had --

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Q.
I mean, upgraded it.
A.
I had a basic alarm system, then we had
this robbery in November of 2009, I believe it was,
where -MR. DURKEE:
Your Honor, I am just
renewing my objection.
THE COURT:
8
9
A.
It's noted.
Overruled.
We were held up at gunpoint in our
driveway and we ended up beefing up our security
10
system in the event of another home invasion robbery
11
like that.
12
13
Q.
In connection with that, did you also
place a shotgun underneath the bed?
14
A.
I did.
15
Q.
And what was the purpose of that?
16
A.
The purpose of the shotgun under the bed
17
was in the ultimate emergency where an intruder, a
18
criminal, was threatening my life, my family's life,
19
my children's life, and that's what it was there
20
for, to not be a victim.
21
Q.
Did you give Jasmine and also Jack
22
instructions on the circumstances where they were to
23
only use that weapon?
24
25
A.
Very specific instructions.
I purposely
got the kind of gun that makes a lot of noise -www.taylorjonovic.com

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when you put a shell in it, it makes a very
distinctive sound, and I believed that that sound
alone would be enough to ward off anybody who would
recognize it.
So I Velcro'd for accessibility a shotgun,
5
6
a small shotgun underneath my master bed and
explained to Jack and Jasmine where it was.
explained to them the sound it makes and I
demonstrated it to them with racking it, making that
10
sound, and I told them that the only time it was
11
ever to be even looked at was in the event that your
12
life was in danger or someone in the family's life
13
was in danger.
14
15
16
Q.
Now, to your knowledge, had Jack ever
fired that weapon before the day of this incident?

A.
You know, I thought about that a lot and I
17
think the answer is no.
18
where we have gone shooting and even duck hunting
19
and we fired guns, but I don't believe that
20
particular one, no.
21
Q.
We have had times together
Early on back when we last had the hearing
22
and your wife testified, there were questions about
23
something about one of your boats being repaired and
24
what was going to be done with that boat.
25
Would you explain to the Court or maybe


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refresh your recollection with regard to that day,
where was your boat and what did you tell your wife
with regard to whether it was going to be repaired
or delivered to you?
A.
Okay, yeah, the boat was being repaired
and serviced.
We had planned a weekend trip coming
up for -- I think it was whatever that holiday was,
Memorial Day.
and I needed the engine serviced and a couple of
We were going to take the boat out
10
things repaired on it and the company I used was in
11
Fort Lauderdale.
12
something like that.
I think it's Exact Marine or
In the past we had made all kinds of
13
14
arrangements to either drive the boat up there, or
15
if nobody was available to drive the boat up, a guy
16
would come with a trailer and pick it up at a nearby
17
marina.
This day we were still undecided as to, A,
18
19
if it was going to be ready.
20
going to be.
21
back home.
22
up there and driven it down myself or one time I was
23
accompanied down by one of the guys from the marina
24
and the other option was they were going to drive it
25
down for me and then we were going to either drive

We thought it was
And, B, how we were going to get it

In the past I had either gotten a ride

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them back to Fort Lauderdale, or put them on a -- I
think the last time we put them on a bus or
something or taxi, I forget what it was.
one of those options.

Q.
5
6
So it was
It wasn't really decided.
What did you tell your wife that day about
what was going to be done?

A.
I told her that the boat may be coming
Q.
And where were you that day?
10
A.
In the office.
7
8
11
home.
that Monday and so I was preparing for trial.

Q.
12
13
I had a trial starting
And when was the first time you heard
anything about this incident?

A.
14
I got a phone call from my daughter
15
Abigail probably about 2, 2:30 screaming on the
16
phone that something about being robbed and Jack was
17
shot.
18
Some words to that effect, I don't remember the
19
exact words.
20
Q.
At that point what did you do?
21
A.
I ran downstairs to the garage and I got
They're robbing the boat and Jack was shot.
22
in my car and I started to drive home as fast as I
23
could.
24
that, I dialed 911 and reported it to them as well
25
that there was something going on at my house and
I lived about a mile away and while I did

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gave them the address as best I could.
know what was going on.
that, you know, my son was alive.
4
5
6
Q.
I didn't
I was just kind of praying
When you got there, did you get access to
your home right away?

A.
No.
I live on a street that sort of dead
ends and when I got to the end of the street, it had
been taped off with that yellow caution or police
tape and so I wasn't able to get my car to my house.
10
I had to park on a neighbor's side street area or
11
lawn and tried to go under the tape and I was
12
immediately stopped by a police officer.
13
14
15
16
17
18
19
Q.
How long were you there before you got
access to your home?

A.
I don't know, but I know that it seemed
like eternity.
Q.
When you were allowed inside, who did you
see first?
A.
Well, there was a time I was begging the
20
police officer to tell me what was going on and to
21
let me see my son because I was told by my daughter
22
that my son was shot, and I remember at one point
23
some arrangements were made through the police to
24
have my family come to the front door so that I
25
could see that everybody was okay and they all kind

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of waved at me and then I was forced to remain
outside for quite some time.

But eventually, I was allowed to join a
3
4
police officer and walk to the side of my house
where I saw my wife.

Q.
And did you see your son at that time as
A.
No, my son was kept inside.
Q.
Could you describe to the Judge what the
6
7
10
11
well?
emotional state of your wife was at that point?

A.
My wife was seated in like a lounge chair
12
on the grass on the side of the house, very hot out.
13
She was extremely pale.
14
I used in the past was shrunken.
She just seemed
15
like she was completely drained.
She was crying and
16
inconsolable.
17
18
19
Q.
You know, the word I think
She was a wreck.
How about when you finally got to see
Jack, describe his emotional state at that point.

A.
Jack was seated in the family room in our
20
house on a couch by himself.
21
either a towel or a rag or something with a piece of
22
ice holding it up to his mouth.
23
He was extremely pale as well.
24
He was just motionless and I think the word I used
25
in the past was catatonic.

He, I think, had
His eyes were red.

He wasn't focused.

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Q.
That late afternoon or evening did you
ever have a chance to talk to Jasmine about what
happened?
A.
I spoke to Jasmine briefly when I first
came to the side of the house and I told her -- she
tried to tell me, you know, that she did it.
said she did it.
she was saying.
I told her, "Let's not talk about
it.
Everything is going to be okay,"
It's okay.
She
I really didn't understand what
10
and I just tried to console her and not question
11
her, and I did the same thing with Jack.

I just said, "Look, things are going to be
12
13
okay.
14
see what is going on with your lip," and I think at
15
that point I may have asked the police officer if I
16
could take my son across the street to my neighbor
17
who was a doctor.
18
Let's just take one thing at a time and let's
Q.
At any point or at what point did you
19
discuss in any more detail with Jasmine about what
20
happened and what eventuated that day?
21
A.
I think I left shortly after to take Jack
22
to the neighbor.
23
came back.
24
urgent care center.
25
hours later, probably I started to speak to Jasmine

I was gone for a while, then I
I got permission to drive Jack to an

When I came back again, several

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about the events.
Q.
What did she tell you?
A.
She told me that the guy was in the
process of robbing the wave runner, that he had a
gun and that he was going to shoot them and that she
called for Jack to bring the gun down and confronted
him and hoped that he would leave.
He came back toward them and Jack shot him.

Q.
He didn't leave.
How about with Jack, I mean, did you that
10
day after he received medical attention, did you
11
ever go into anymore detail with your son that day
12
about what happened?

A.
13
You know, not really.
I tried my best to
14
not pressure Jack for any details because Jack -- I
15
never seen him like that.
16
that and I was kind of afraid to go into things with
17
him.
18
and I talked to him a little bit about it, but not
19
much.
20
I never seen anybody like
I just wanted him to sort of catch his breath
Q.
Since that time, have you and Jasmine
21
attempted, at least in view of the litigation here,
22
tried as best you can to try an insulate Jack at
23
least from trying to think about this and trying to
24
relive these events?
25
A.
Yes, we have in a big way.
I mean,

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obviously, we immediately got somebody over who was
like a crisis counselor who came and spoke to the
family shortly afterwards.
physician, brought somebody over to try and help us
cope with this situation, and we got Jack help.
spoke to his school about it and we tried our best
to try and minimize his involvement.
The neighbor, who was a
We
You know, the media wouldn't leave us
8
9
alone so we lived sort of with the blinds closed for
10
weeks on end and we didn't go outside and, you know,
11
we just tried to keep Jack away from people talking
12
about it.
13
We did our best to try and resume some normal life
14
without constantly dwelling on this.
15
Q.
He didn't go back to school for a while.
How long were the police, approximately,
16
at your home that afternoon and evening doing
17
whatever they were doing in connection with any
18
investigation of this?
19
A.
I don't know how many hours or what time.
20
I never looked at the clock.
21
there until late that night if not until the next
22
morning.
23
and hours.
24
25
Q.
But I know they were
I don't know how late, but hours and hours
We heard that at some point, I'm not sure
it has been specifically clarified, at some point a


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gentleman by the name of Wayne Williams got involved
in inspecting your wave runner, correct?

A.
Wayne Williams was the Jet Ski/wave runner
mechanic that we used in the past to change the oil
and one other time we had a problem with it.
a fairly new wave runner.
for Christmas the previous year, so it was
six-months old maybe.
I mean, I bought it maybe
He had been there to our home.
It was
So we
10
realized that we couldn't have this wave runner in
11
the backyard looking at us every day and I thought
12
the best thing to do would be to get it repaired.
13
It had holes in it.
14
don't know if it ran at all.
It was very badly damaged.
I didn't try it.
And so the idea was for Wayne to come to
15
16
the house to take it to his shop to fix it, and
17
repaint it so that maybe it would look like a
18
different wave runner and my kids could maybe use it
19
again.
20
pass.
That idea didn't happen.
It didn't come to
But I called Wayne and that is when he
21
22
arrived a few days later with an assistant and they
23
were going to take it to the shop.
24
25
Q.
About how long after the incident did this
occur, would you estimate?


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A.
1
2
Maybe at the end of May.
I don't remember
exactly.
Q.
The incident was May 11th?
A.
21st.
Q.
When he came over, was it your
anticipation that he was going to drive the wave
runner back to the marina and then take it to his
shop?
A.
That's the plan.
His helper was going to
10
drive it.
11
to the marina and they were going to put it on the
12
trailer and take it back.
13
14
Q.
He had a trailer.
He was going to take
And when Mr. Williams got there, you were
there with him?
15
A.
Yes.
16
Q.
And there were no police there at that
17
point, were there?
18
A.
No.
19
Q.
Did Mr. Williams attempt to start the wave
20
runner?
21
A.
Yes.
We put the wave runner -- I don't
22
remember if he connected a hose to it or what he did
23
to it, but he tried to start it up.
24
Q.
And did it start up?
25
A.
No.

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Q.
When it didn't start up, what did you do?
A.
Well, I had -- I had the keys, which are
not really keys.
devices.
two of them and I gave them to Wayne together with
the red lanyard that you need to activate it.
brought that out from my kitchen where it was kept
in the drawer and it would not work with my starter.
Q.
They're like remote control
I call them fobs and I gave -- there is
Let's talk about the starter.
So I
Is this
10
remote like a key remote when you unlock or lock
11
your car door?
12
A.
Yes.
13
Q.
And what is the purpose of this remote
14
when you want to go use your wave runner?
15
the purpose of it?
16
A.
What is
What I understand is that you unlock the
17
ignition with that or lock the ignition.
18
starting of a wave runner is a two-step process
19
after you unlock it.
20
this lanyard, this red lanyard into this button, and
21
it kind of lifts the button up like a wishbone, and
22
goes underneath it, and that's a switch that if you
23
fall off, the lanyard pulls with you and it
24
automatically deactivates it.
25
Q.
The actual
One is that you have to plug
If it happens to be attached to you or on

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your wrist?
A.
Yes, that is the purpose of it.
Q.
Okay.
A.
So you have to have that on, otherwise the
wave runner will not start.
Once you have done
those two things, you've unlocked it with the fob,
you put the lanyard underneath this little button,
then you have a starter button on the handlebars
that allows the wave runner to start.
10
Q.
And then there is a throttle also on the
11
wave runner?
12
A.
There is.
13
Q.
On which handlebar?
14
A.
I don't remember.
15
Q.
Can you start your wave runner -- if
16
you're going out to use it, can you start your wave
17
runner without first activating the remote to unlock
18
it?
19
A.
If you left it unlocked, yes.
20
Q.
But if you locked it?
21
A.
If you locked it, you cannot.
22
Q.
Now, if someone wants to use that wave
23
runner and they don't have your remote to unlock it,
24
how would it be unlocked?
25
A.
You can't.
That's the security of the

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device.
In other words, you take that fob with you
and it's locked, that wave runner is inoperable.

Q.
And you had your remote at all times with
you?
else where anybody could get access to it, correct?
6
7
8
9
10
11
That was not in the storage room or anywhere
A.
No, that's kept in the drawer in the
kitchen.
Q.
I want to show this to you.
to Mr. Durkee here.
A.
That is a lanyard.
MR. MURPHY:
16
THE COURT:
Q.
wishbone item is?

A.
Sure.
18
Q.
Excuse me.
20
21
22
23
24
25
Sure.
Could you explain what that little
17
19
Let me bring it up, if I
could, Judge.
14
15
We have talked about this.
This is the ignition?
12
13
I showed this
By the way, is this yours for
the wave runner?

A.
You know, I think it might be, but I'm not
positive.
Q.
works?
A.
It's the same one.

Can you explain to the Judge how that
How do you turn the thing on?

Yes.
There is a little button shaped like
a mushroom that pops underneath it and that


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activates the ignition in the sense that you can now
start it.
This typically clips onto your belt or
3
4
your vest or you can put it around your wrist and
clip it there.
you fall off to instantaneously stop the motor.
I had that with me and I had the two key fobs with
me when I met with Mr. Williams.
Q.
It's a switch that is designed if

So
So to start your wave runner, someone has
10
to first unlock it, right, with a remote or some
11
other way, right?
12
A.
Right.
13
Q.
And then you would insert this wishbone
14
device on a little knob or mushroom and that would
15
create some connection?
16
17
18
19
A.
Correct.
It opens the circuit is what
that does.
Q.
And then to turn the motor on, you would
press a button and it would activate, right?
20
A.
Right.
21
Q.
Now, when you turn the wave runner on, are
22
there gears on this thing, like what we think of
23
forward, neutral, reverse?
24
when you turn this on, what happens.
25
A.
Explain to the Judge
There is no neutral.
There is idle, which

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is where you don't accelerate but idle you move
anyway.
sucked into the intake and cools the engine that
way.
It always moves because the water gets
So it's always moving.

Now, there is a speed that you can set it
5
6
at called a no-wake speed, which is when you are
near a bridge or in a no-wake zone.
thing idle slower.
is no neutral, per se.
10
a reverse.
11
it.
12
Q.
It lets the
So you are always moving.
There
I don't remember if there is
If there is, I don't think I ever used
This wave runner, to actually accelerate
13
out of this idle speed where it just may move, you
14
would have to turn the throttle, right?
15
A.
Yeah, like a motorcycle.
16
Q.
How fast could your wave runner go if you
17
had it at max speed?
18
A.
Reportedly 70.
19
Q.
And if you give it just a little bit of
20
throttle -- explain to the Judge if someone wanted
21
to, for example, achieve some sort of good speed
22
right at the beginning, how did it react when you
23
turn the throttle?
24
25
A.
This is a big wave runner.
biggest one you could get.

This is the
I think it seats three.

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So it was very powerful and it would jump when you
accelerated it.
like a rabbit very fast.
Q.
It would launch upward and take off
Now, back to the day when you are there
with Mr. Williams.
start, what did you guys do next?
A.
When the wave runner didn't
Well, I didn't do anything.
Mr. Williams
started to look underneath the seat and he lifted
the seat off and he opened the front compartment and
10
there was like a plastic wall on the front
11
compartment, like sort of underneath the handlebars,
12
and that had been opened and so he started to look
13
there and a few moments later very quickly he said,
14
"I know what the problem is."
15
16
Q.
And this compartment you said there was a
wall, was there a type of plastic separation --
17
A.
Yes.
18
Q.
-- between the guts of the wave runner and
19
20
the outside of the compartment?

A.
Yeah, because that front compartment is
21
essentially your trunk and so there was a little
22
plastic panel, if you will, that was sort of plastic
23
riveted in.
24
it, you just pull it and it pops open.
25
have access to repair things.

It's push rivets.
If you want to open

This way you
It was opened already

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and that's when Wayne Williams said, "I know what
your problem is."
Q.
or off?
A.
It was off.
Q.
Could you see or were you able to
Did you see that panel whether it was on
It was open.
determine why it was off?
A.
No.
I had no idea.
Q.
I want to show you at least the inside of
10
this compartment we are talking about so you can
11
explain it to the Judge.
12
A.
Sure.
13
MR. MURPHY:
14
THE COURT:
15
MR. MURPHY:
16
THE CLERK:
17
Q.
I will show it to Mr. Durkee.

Has it be marked yet?
No, if we can mark this.
Defense A-8 for ID.
If you could explain to the Judge, is this
18
the opening that you say has the guts of the wave
19
runner?
20
A.
Yes.
21
Q.
By the way, we are referring to
22
23
Defendant's A-8 for ID.

A.
Yes, in this picture, the way it's
24
oriented is we are looking from the front of the
25
wave runner toward the back of it and on the


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right-hand side, looking at this open panel that has
these black holes around it, which is where the
rivets or pushpins, I don't know what they're
called, would affix it and this is the panel laying
there at the base of it.
6
7
Q.
This is how you found it when Mr. Williams
came that day to take it away, right?
A.
Yes.
Q.
We talked about a black receiver, right?
10
11
Did you find that that day?

A.
Well, I didn't.
Mr. Williams did and
12
Mr. Williams picked it up or sort of pulled it out.
13
It was loose and he said, "Here is your problem."

And it was sort of like a black square box
14
15
that was attached to some wires and it was kind of
16
hanging loose there.
17
18
19
Q.
And that black square box, was that part
of your wave runner?

A.
Well, he explained to me, and I later
20
learned, that it was not.
21
added in order to steal the wave runner.
22
23
24
25
Q.
It was a device that was
I want to show you -MR. MURPHY:
I will have this marked,
please.
THE CLERK:
Sure.

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1
2
3
Q.
I want to show you A-9 for ID, Mr. Davis.
Could you explain for the Judge what this is?

A.
Yes.
That is one side of that little
black box.
It's being held obviously by somebody
wearing blue gloves.
orange part, which is the female receiver or socket,
if you will, that that black box was plugged into
and hanging from.
They are also showing the
So this is the wall of the -- the back
9
10
wall of that compartment.
11
where the rivets or pushpins were and that was just
12
sort of dangling there.
13
14
Q.
These are the holes from
Now, is this what we are calling the
foreign receiver?
15
A.
It is.
16
Q.
Is that the same thing as --
17
MR. MURPHY:
18
THE CLERK:
19
Q.
I will mark another one.

Is that the same device, Mr. Davis, that
20
we see in Defendant's A-10 for ID, the same black
21
receiver?
22
23
24
25
A.
Yes.
That is the side view of it
obviously but, yes.

Q.
So that black device, that's not a part of
your wave runner, correct?


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A.
Well, apparently every wave runner has one
of those permanently in it in order for the key fob
to communicate with it.
mechanism, apparently, as was explained to me for
the key fob.
That's the receiver
So what had apparently been done to this
wave runner was that the individual that stole it,
tried to unplug mine and plug his override in that
he brought with him in order to steal the wave
10
runner to be able to activate it.
11
Q.
Was your part still in there?
12
A.
Yes.
Mr. Williams explained that and
13
showed me that the part that is factory installed is
14
mounted to the side of the inside of the
15
compartment.
16
Q.
I want to show you Defendant's A-11 for
17
ID.
18
plug inside that compartment, right?
19
You can show the Judge.
A.
This shows that orange
Right, and the person with the gloves on,
20
maybe it's two people, I don't know, seems to be
21
holding the black box away from where it plugged
22
into the loose wire of the female receptacle.
23
Q.
Now, what was this beforehand?
24
that -- what was plugged into that orange
25
receptacle?

What was
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A.
The factory-installed receiver that comes
with the wave runner that connects to my key fob is
installed inside of the wave runner compartment and
essentially this is how you hot wire a wave runner.

Q.
What is your understanding of when your
device was unplugged and this receiver was plugged
in, what is your understanding as to what was the
effect of that?
A.
9
10
My key fobs would no longer communicate
with it.
Q.
Your remote that you would unlock the lock
13
A.
Yes.
14
Q.
So your understanding was that device
11
12
with?
15
being plugged in there didn't allow your remote to
16
work any longer?
17
A.
True.
18
Q.
And is that why when you went out and you
19
used your remote and then tried to start it, that it
20
didn't start?
A.
21
You're beyond my level of technical skill,
22
but, apparently, because this didn't communicate
23
with my electronic remote, we had some reason why it
24
wouldn't activate.
25
away.
We didn't try to start it right
We tried to turn it on.

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And so you would know if it was on or off
1
2
by a red light or green light.
would not turn the green light on.
that let Wayne Williams know right away that my key
fob wasn't talking to my wave runner.
Q.
So the key fob I had

It was an issue
Is this the first time when Mr. Williams
came by that you observed this or noticed this
inside your wave runner?
9
10
A.
This is the first time we even looked at
the wave runner, yes.
11
Q.
12
runner?
13
A.
So the answer is yes.
How did you eventually start the wave
Mr. Williams plugged the orange
14
receptacle -- pulled out the foreign control,
15
plugged the receptacle back into my original factory
16
one and the mechanism unlatched immediately.
17
18
Q.
Then at that time, at that point, did that
allow you then to use your remote to open it?
19
A.
Yes.
20
Q.
And then that would then allow you to
21
insert this device, the wishbone device on the
22
button, to actually start it, right?
23
24
25
A.
but yes.
Q.
I'm not sure what the order of events was,

Ultimately, yes.
Then you were able to start it?

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A.
Correct, they started it.
Q.
Had you ever seen one of these remote
devices before?
A.
No.
Q.
Then after it was started, what did you do
6
7
or what did Mr. Williams do?

A.
Well, I took the black box that was used
by the wave runner thief and I put it in a bag and
secured it.
Those two guys, Mr. Williams and his
10
helper, secured the wave runner in the water.
The
11
helper drove the wave runner away.
12
Mr. Williams and told him that I would be in touch
13
with him, you know, once he figured out what all the
14
damage was.
15
truck to drive and meet the guy at the marina.
I spoke to
In other words, he got back in his
16
Q.
Did you notify the police?
17
A.
I believe I called my attorney and had the
18
19
20
21
attorney communicate with the police.

Q.
And then how was this device turned over
to the police?
A.
Maybe the next day or within days, I don't
22
recall, Detective Nye met me at my office and I gave
23
it to her and she photographed it and she had me
24
sign some property receipt and she took it to do
25
whatever the police do with it.


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Q.
We know at the time, we've heard
testimony, and the Judge probably read it in one of
the depositions, that when the wave runner was
discovered right at the time of the incident near
your seawall, that it was off.
not running.
that engine would not be running?
8
9
10
A.
That the engine was
Could you give any of the reasons why
I can only give you the reasons why I had
experienced that problem.
One was the lanyard
wasn't attached or properly attached.
11
Q.
And by the way, that red --
12
A.
Yes.
13
Q.
That red device is a lanyard?
14
A.
Yes.
Because sometimes if you moved, you
15
would have a tendency to kind of tug it loose or
16
pull it out in some way and the engine would stop.
17
Q.
Was there a lanyard attached to your wave
18
runner that day when you went out to try and have it
19
taken to the marina?
20
A.
Apparently, Mr. Munoz brought his own.
21
Q.
But the lanyard that was attached to the
22
23
handlebar wasn't your lanyard, right?

A.
No, that one had a whistle attached to it
24
from the photos I have seen.
25
whistle.
I think it was a

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Q.
Was it the same type of device, that is,
with this wishbone type of device at the end that
would fit over that little button or mushroom?
A.
Yeah.
Q.
And that was attached to the handlebar on
6
7
that date?
A.
Well, I can't speak to you what condition
it was in when it shut off.
I know that for the
police officer to have driven it back to my house,
10
they had to reattach it because otherwise it
11
wouldn't work.
12
reattached or was working.
13
14
Q.
So at some point it was either
So that lanyard has to be attached to this
round mushroom --
15
A.
Yes.
16
Q.
-- for the wave runner to operate, right?
17
A.
Right.
And the wave runner would
18
typically, at least, again, in my experience of
19
owning this thing for six or so months, it would
20
conk-out for two reasons.
21
attached or, B, if you put it in seaweed, which
22
unfortunately is collected right against the
23
seawall.
24
25
Q.
A, the lanyard wasn't
Is that what we see in all the photographs
that we can look through?


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A.
Yes, and it's very thick.
What would
happen is it would clog the intake underneath the
wave runner so the water couldn't get in and the
wave runner wouldn't move.

You could rev the engine, but it wouldn't
5
6
go anywhere and after a while, I don't know if it
overheated or there was some kind of sensor or
something, but it would conk-out.
Q.
So these are the two reasons that you
10
could envision why this wave runner could be
11
operating at some point and then the motor can just
12
shut off?
13
A.
That's from my experience.
14
Q.
Only from your experience?
15
A.
Correct.
16
Q.
Now, did you have any more contact with
17
the police regarding this remote after you actually
18
advised them of the fact you had it and then they
19
took it?
20
A.
Well, in a sense that I, you know, had the
21
opportunity to be questioned about it.
22
the State Attorney and I had a long discussion about
23
the events and he asked me about it and I don't
24
recall if I gave any statement to a police officer
25
other than talking to Detective Nye about it, but


Mr. Winston,
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1
2
that was certainly discussed.

Q.
Do you know whether the police ever looked
into the inside of that compartment that day to be
able to see in?
A.
I have no idea what they did or didn't do.
Q.
But you've never seen any application like
this before, that is, with this type of receiver
being plugged in as a type of override?
9
10
A.
or tried to mechanically do anything to it.

MR. MURPHY:
11
12
No, I have never opened up the wave runner
have.
That's all the questions I
Thank you.
13
THE COURT:
14
Mr. Durkee, cross.
15
MR. DURKEE:
Yes, Your Honor.
CROSS EXAMINATION
16
17
Thank you.
BY MR. DURKEE:
18
Q.
Good morning, Mr. Davis.
19
A.
Good morning.
20
Q.
We met before, correct?
21
A.
Yes.
22
Q.
Now, you were the individual who stored
23
this weapon underneath your master bedroom, correct,
24
your master bed in the master bedroom, correct?
25
A.
Yes.

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Q.
And you did that with Velcro tape?
A.
Yes.
Q.
And that's the only thing you had to
protect it from being taken and being used?
A.
Yes.
Q.
At that time, you had all three of your
children living with you, the youngest being how
old?
A.
Eight or nine.
10
Q.
You said it was a small shotgun.
It was
11
small in length, but it wasn't a small shotgun.
12
This was a Mossberg 12-gage fully powerful deadly
13
shotgun, correct?
14
A.
It was small in length.
15
Q.
Small length, but not in power, right?
16
A.
Right.
17
Q.
I mean, this was a weapon that you had
18
specifically chosen to protect your home and it was
19
a powerful weapon, correct?

A.
20
In answer to your first part of your
21
question, I had specifically chosen it to protect my
22
home.
23
And, yes, it was a powerful weapon.

Q.
Now, as of the date of this incident, May
24
21, 2011, you had already gone through this very
25
traumatic episode, criminal incident outside of the


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front of your house and you and your wife had
experienced that on a prior occasion, correct?
A.
Yes.
Q.
And as a result of that, you were
considerate of your wife and your family of, you
know, trying to make sure that they are not startled
or alarmed by strangers going into your backyard,
correct?
9
10
11
A.
Did I invite strangers in my backyard?
Is
that what you are asking me?

Q.
No.
I mean, you were cognizant of the
12
fact if somebody was going to go in the backyard,
13
you tried to give your wife the heads-up so she
14
wouldn't be startled or alarmed, especially since
15
she had gone through this prior incident?
16
A.
I see where you're going.
Yes.
17
Q.
Prior to this occasion, the boat company
18
that you worked with had never delivered the boat by
19
themselves to your home.
Is that true?
20
A.
It is.
21
Q.
So that was something that may have been
22
discussed, but obviously as we talked about in your
23
deposition, you would have expected them to call you
24
or your home or somebody to give you a heads-up if
25
they had effectuated that plan and delivered the


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boat by themselves?
2
3
4
A.
Probably me they would have called, but
Q.
And if they called you saying that they
yes.
were going to be delivering the boat by themselves
without you being present, because of your
consideration for your family and your wife, you
would have called her and given her the heads-up?
A.
Well, I would have done it more for the
10
reason that I needed somebody to be home if they
11
were going to actually deliver the boat.
12
Q.
But you also would do it because you
13
wouldn't want your wife being startled by people
14
coming on the back of the house?
15
A.
Sure.
But if they're pulling up to the
16
back of my house with my boat, I think she probably
17
wouldn't be startled.
18
Q.
But you would have called her probably?
19
A.
Probably.
20
21
I mean, I hope so.
I was
preparing for trial.

Q.
Now, when you first got word of this
22
incident from your daughter who called you, you got
23
into your car and the first thing you did was call
24
911, correct?
25
A.
Yeah.

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Q.
And then on the way to your home, you
called somebody else about exercise equipment or
something.
A.
Is that right?
Yes, and I think I explained to you it was
kind of a bizarre thing.
I had a friend of mine who
gave me his treadmill and he had planned to deliver
it -- he had a company he hired to deliver it to my
house that day.
for some reason or the other, I called him and I
He was a close friend of mine.
10
said, "Hey, I just had this terrible thing that I
11
got a phone call about.
12
know, please tell your people not to come."
13
14
Q.
I am rushing home now.
So
You
You didn't call him to get the name of a
criminal defense lawyer, did you?
15
A.
No, he's a financial adviser.
16
Q.
Now, when you first got there, they
17
allowed you to go onto the premise at some point, at
18
least you and another attorney, Mr. Marino.
19
right?
20
A.
Right.
Is that
Steve Marino is a close friend and
21
a nearby neighbor who apparently received a phone
22
call from my other friend Luis, the treadmill guy.
23
He said, "Hey, you better head over to the Davis
24
house, something happened."
25
three blocks away so he arrived, I believe, after I

Steve lives two or

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1
2
arrived.
Q.
So you and Mr. Marino, who is an attorney,
both were allowed on the premises while the police
were early in their investigation?
A.
Mr. Marino, who is a bad-faith attorney,
joined me or arrived at my house and we walked to
the side of the house together, yes.
8
9
Q.
And you were able to talk to your wife at
that point at least briefly?
10
A.
Yes.
11
Q.
And when she sort of told you in kind of a
12
funny way something to the effect, I told them I did
13
it, that kind of put you on a little bit of
14
suspicion as to what's going on here as to why she's
15
saying it that way?
16
A.
There was nothing funny about it.
17
Q.
No, I guess a better word is peculiar or
18
something that raised your suspicion as to why she's
19
saying it that way, right?
20
A.
Obviously, I didn't expect her to say what
21
she said, but certainly I kind of understood that
22
she said what she said.
23
Q.
Right, but the way she phrased it, I told
24
them that I did it, it raised your suspicion to some
25
extent as to why she is saying it that way, did she


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shoot, did my son?
A.
I wasn't clear.
Q.
You weren't clear at that point?
A.
That's true.
Q.
Then you walked into the house and when
you saw your son's lip, coupled with the way your
wife had sort of phrased what she had said to you,
in your mind you started to go, oh my God, I think
my son probably shot this gun.
Is that right?
10
A.
I think that's right.
11
Q.
Now, at that point did you go tell the
12
police, "You got it wrong.
13
son shot"?
14
15
16
A.
No, I didn't have any conversation with
the police.
Q.
My wife didn't shoot, my
My concern was my son at that time.
And your concern with your son led you to
17
actually take your son off the premises and go to
18
seek some medical care?
19
A.
Yes.
20
Q.
And you were alone with him?
21
A.
I was.
22
Q.
And during the entire time you were gone,
23
I think you said it was like an hour or two, some
24
period of time, you went first to the next door
25
neighbor and had some medical care, then he said he


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thought it needed stitches, and you went to the
urgent care center with him and then eventually you
arrived back at your house with your son.
right?
Is that
A.
Yes.
Q.
During that period of time that you were
alone with him -- I mean, at some point you asked
him what happened?

A.
You know, I walked very carefully on that
10
topic with him and, sure, we talked about it, but I
11
didn't press him and I didn't grill him and I didn't
12
cross examine him and I tried to gently speak to him
13
about it without further upsetting him.
14
absolutely inconsolable.
Q.
15
The kid was
Now, either while you were alone with your
16
son, or any conversations with your wife while you
17
were there on the premises, did they ever
18
communicate to you that they believe there was a gun
19
in the front compartment of the wave runner?

A.
20
They never said the front compartment of
21
the wave runner, no.
The idea of where it was
22
located wasn't discussed with us.
23
gun.
24
water, in the wave runner, I had no idea.
25
knew he had a gun.
It was, he had a
So whether the gun was on his person, in the

I just
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Q.
And at this point Mr. Marino is an
attorney, you, who is an attorney, and then you did
get in contact -- who contacted Attorney Ratzan?
A.
I called my friend, Mycki Ratzan.
Q.
And Mycki Ratzan arrived on the scene
fairly shortly thereafter, right?
A.
She did.
Q.
Probably within 45 minutes or so?
A.
I have no idea.
10
Q.
Within the first hour?
11
A.
I doubt it.
She lives in Coconut Grove
12
and that's a pretty long ride and I wasn't able to
13
get in touch with her right away.
14
recollection, it was a little longer than that.
15
don't recall.
16
Q.
So my
I
You made sure that your son and wife did
17
not talk to the police because when you got back to
18
the scene, after you had been alone with your son,
19
the first thing you did was communicate to the
20
police that you thought that your son had done the
21
shooting and you didn't want them talking to them
22
anymore until Attorney Ratzan arrived?
23
A.
You know, I don't know that is the exact
24
sequence of events.
25
situation where I had no idea.

I think it was more of a

I was out of my

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element.
I'm not a criminal lawyer.
participated in a criminal case.
I've never
I thought for once I wouldn't open my
3
4
mouth and do something foolish and I would let a
person who does know what to do to give me guidance.
So that's what I did.
Q.
Maybe I didn't phrase it the way you did,
but basically when you arrived back at the scene, at
some point, A, you did communicate to the police
10
that you believed your son had done the shooting,
11
correct?
12
A.
At some point I did.
At some point I had
13
a discussion with the sergeant who basically told me
14
he knew already so that's how that went down.
15
Q.
But after you told the police that you
16
believed your son had done the shooting, you also
17
basically said, "Attorney Ratzan is going to speak
18
for my family and I don't want you talking to my
19
wife or my son," right?
20
A.
I don't think I gave the police any
21
instructions.
22
them that I would prefer that somebody speak for me
23
and allow us just to deal with each other and work
24
on getting through this thing.
25
giving statements or have them give statements in

I think I was in a position to say to
I didn't want to be

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1
2
3
that state of mind.

Q.
So at that point you did say that Attorney
Ratzan was going to speak for your family?
A.
I did at some point.
Q.
Now, as I said, it didn't take you long to
figure out that your son had done the shooting based
on the comment that your wife made, and the wound
that your son had sustained.
pieces of fact you knew pretty quickly that your son
10
With those two little
had done the shooting, correct?
11
A.
Yes.
12
Q.
Now, you've heard the phrase "exculpatory
13
evidence," haven't you?
14
A.
I have.
15
Q.
And we've all been to law school.
16
What
basically does exculpatory evidence mean to you?
17
A.
Evidence that indicated that you're not
18
guilty.
19
Q.
Helps to exonerate you, right?
20
A.
Fair enough.
21
Q.
Certainly in a situation where one person
22
is saying, I shot a fellow because he had a gun, the
23
gun would be the most important piece of exculpatory
24
evidence in the case, wouldn't you agree?
25
A.
Maybe in the calm light of reason, yes.

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But right then and there, no.
Q.
Well, let's talk about the calm light of
reason.
first day.
next few days, maybe the next week, some point you
had to have a conversation with your wife and your
son about, "Guys, what happened?
and shoot this kid," right?
I know it was a very emotional day the

But at some point, obviously, in the
Why did you fire
A.
We had many conversations about it.
10
Q.
At some point did they communicate to you
11
the story that they had told today in court, that
12
the last time they saw what they thought was a
13
weapon, and the sole reason why they had fired this
14
shotgun?
15
was most likely in the front compartment of the wave
16
runner?
17
A.
Did they ever tell you that that weapon
In those specific words, no.
But my wife
18
said that he had a gun and she saw a gun in his hand
19
and she thought that he threw it in the front
20
compartment and at all times we believed that he had
21
a gun and it was quite a surprise to us, in fact,
22
that we figured out what was likely the gun was
23
actually a remote control device which looked like a
24
black object in his hand.
25
So, in answer to your question, with a


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specific regard to the front compartment, she saw
him throw that thing in there.
thought it was, but the divers were looking in the
water for it from the very minute that the police
arrived.
So, you know, we didn't know.
6
7
So that's what we
We didn't
know what happened to it.

Q.
I mean, first of all, the day of the
incident you had Attorney Ratzan there, who was very
10
familiar with exculpatory evidence, and if your wife
11
had told him -- or her -- I'm sorry, her.
12
wife had told her that the gun was in the front
13
compartment, she's a smart enough lawyer to figure
14
out that you need to go and figure out whether there
15
is a gun in the front compartment or not, didn't
16
you?
17
18
19
A.
If your
You're asking me to tell you what Mycki
thought and did?

Q.
Well, I'm just saying, you know her
20
reputation.
21
defense lawyer that you would expect to know about
22
exculpatory evidence, correct?
23
A.
She's an excellent, top-notch criminal
I do agree with you, she's a top-notch
24
criminal lawyer and I would expect that she would
25
understand criminal law, yes.


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1
2
3
4
5
Q.
And she never told the police or anybody
to go look in the front compartment, right?

A.
I don't know what she told the police.
was with my son.

Q.
And eventually, when you were communicated
that story by your son and your wife, did you ever
go out in your yard and go look in the front
compartment to see if you found a weapon?
9
10
11
A.
No, I didn't do anything with regard to
the wave runner.

Q.
I already told you that.
Well, you heard that story and you knew
12
that there may still be a weapon in the front
13
compartment, did you call up the police and say,
14
"Guys, you need to come out here and look in this
15
front compartment.
16
in there"?
17
A.
I think a weapon may still be up
I assumed that the police combed the wave
18
runner pretty thoroughly and did their job.
19
think it was my place to tell the police to come
20
back and take another look.
21
22
23
Q.
I don't
Well, how would they have known to look in
the front compartment if nobody told them to?

A.
Well, I don't know what was actually told
24
to the police.
25
the police completely looked through the backyard,

I was not there, but I do know that

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the water, the wave runner and all of the area
around.
Q.
So I'm not sure what you're question is.

Well, I mean, the last time your son and
your wife communicated, when they told you the story
like they have done over the last two days of this
hearing, it has been very well established that the
last time they saw what they perceived to be a gun
was when the fellow had something black in his hand
and he threw it in the front compartment.
10
And they always said from their story from
11
the time they have told it, that that gun never came
12
out of the front compartment.
13
hadn't found a gun, why wouldn't you be inquisitive
14
as to maybe they didn't look in the front
15
compartment, maybe I should go look in the front
16
compartment?
17
A.
18
compartment?
19
Q.
20
So if the police
Why wouldn't the police look in the front
Because they were never told to look
there.
21
A.
They were told what happened.
22
Q.
They weren't told that the front
23
compartment had anything to do with this case, but
24
we will go on.
25
Now, it is true that after this shooting


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on May 21st, the first thing that happened was you
found a foreign lanyard on the wave runner and the
police were canvasing your street for more
information about this criminal incident and you
happened upon the police officer and you gave them
this lanyard that you had found on the wave runner,
correct?
A.
8
9
I don't remember exactly when that was.
know that that lanyard was not mine and I did point
10
out to the police officer at that time, whenever
11
that was, during that time that that was not mine
12
and that was something the thief had brought with
13
him.
14
Q.
So you made sure to take this lanyard off
15
the wave runner and bring it to the police officer's
16
attention and give it to them as evidence?
17
18
19
A.
I don't remember taking it off.
I think I
pointed it out to them.

Q.
So you actually took them into the
20
backyard and showed them the lanyard on the wave
21
runner and pointed out that it was a foreign lanyard
22
and it was not yours?
23
A.
I remember discussing that with one of the
24
police officers and I remember saying to him that's
25
not mine.
But as to when exactly during the course

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of the investigation that was, I don't recall.

Q.
2
3
shooting?
A.
4
5
But that was after the day of the
I think it was that night, but I'm not
positive.
Q.
I can show you the police report and have
you refresh your recollection.
that?
A.
Sure.
10
Q.
Okay.
Do you want me to do
Page 18 it starts, and then the
11
next page is when you have interaction.
12
on May 24th.
13
you look at the next page, that's when you bring to
14
the attention of Detective Nye that there's a
15
foreign lanyard on your wave runner.
16
A.
But this is
They are canvassing the neighbor.
If
"On Tuesday, May 24, 2011, at
17
approximately 10 a.m. this investigator, along with
18
Detective Godoy, Detective Torres, Detective Rolando
19
De la Rosa respond to the scene to conduct an area
20
canvas.
21
this investigator were as follows."
22
The results of the area canvas conducted by
Then they talk about all of the things
23
they did in terms of leaving business cards and
24
ringing doorbells.
25
"At approximately 11 a.m while conducting


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an area canvas this investigator made contact with
Jeff Davis in front of his residence.
brought to the attention of this investigator that
he noticed a red key lanyard attached to the kill
switch of the wave runner.
his own key and this was not his key and it must
have been brought to the scene by the thief,
Reynaldo.
Mr. Davis
Mr. Davis advised he has
"At that time this investigator went to
9
10
the rear yard of the Davis residence to the wave
11
runner, which was on the electric lift as this
12
investigator last saw it.
13
the kill switch lanyard and later impounded the key
14
at the Miami-Dade Police Department Forensic
15
Laboratory for analysis.
16
verified that prior to the incident, the wave runner
17
was covered with a fitted cover as it was typically
18
stored which was beige and had Yamaha FX written on
19
the side with white lettering.
20
has not been seen since the incident."
Additionally Mr. Davis
He advised the cover
So, yes, it was a couple of days later.
21
22
The investigator removed
Q.
Now, by then, I mean, obviously you had
23
gone out to the wave runner at least about a couple
24
days later because you were able to notice this
25
foreign lanyard on the wave runner, correct?


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A.
Yes.
Apparently so.
Q.
Now, if your family had communicated to
you their story about the fact that the firearm was
most likely still in the front compartment, why
wouldn't you have pulled up the front compartment
and taken a look at it?
7
8
9
A.
I just assumed the police investigated it.
I didn't think to do that.

Q.
Why didn't you talk to the police about
10
that when they were on your premises and they are
11
taking this lanyard and documenting the lanyard, why
12
wouldn't you ask them, "Guys, did you all look in
13
the front compartment for a weapon?
14
wife says it was"?
15
A.
That's where my
Again, I assumed that when the police had
16
done their investigation, that they would see
17
something that was foreign like a gun as opposed to
18
a lanyard, which belongs with the wave runner.
19
that's why.
20
Q.
Now, eventually, again, later, June 2nd
21
that's when the very first time the front
22
compartment was looked at and found to have this
23
broken back wall.
24
25
A.
So
Is that right?
That's about the time, I believe, when I
either gave the receiver to Detective Nye or Wayne


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Williams had opened it up to take it.
around that time.

Q.
So it's
It was a couple weeks later.
Now, you learned from this, as you went
through and you explained to the Court, that in
order to connect this device you have to, A, open
the front compartment, true?
A.
Yes.
Q.
You then have to somehow get past this
9
10
door that is in the back of the front compartment,

correct?
11
12
13
14
A.
Well, it's a plastic panel that pops right
Q.
But you got to get that panel popped off,
off.
correct?
15
A.
Yes.
16
Q.
You then have to disconnect the wiring
17
from the receiver that is in the wave runner,
18
correct?
19
A.
Yes.
20
Q.
You then have to take the male part of the
21
receiver and connect it to the female part of the
22
receiver inside of the wave runner, correct?
23
A.
Correct.
24
Q.
And that has to be connected in order for
25
the wave runner to start, correct?


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125
A.
That's my understanding.
Q.
Right.
And once the wiring is
disconnected from the receiver and then reinserted
in the new receiver, you can then start the wave
runner with a new remote?
A.
Well, I don't know, because I don't know
that he actually needed a remote.
whole purpose of stealing the wave runner was to
have this override device that didn't require a
10
11
I think that the
remote any longer.

Q.
Good point.
Well, I mean, at that point
12
he can start the wave runner, either it's in there
13
or he can put it there?
14
A.
I think so.
15
Q.
But all of those things have to happen in
16
order for that wave runner to start?
17
A.
Those are the steps that I understand.
18
Q.
Now, once this device was found, and you
19
visualized this back compartment being kind of
20
broken into.
21
word, but it was basically ripped off or taken off
22
the doorway.
23
the fact that the door had sort of -- the
24
compartment door had sort of been ripped off and
25
this foreign receiver was evidence, right?

I don't want to -- I used a different
You realized that these two things,

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126
A.
Yes.
Q.
And you did the best you could to preserve
it and bring it to the police's attention?
A.
Yes.
Q.
And that's when for the very first time
they went out to Wayne Williams and started taking
pictures of the wave runner with the front
compartment open documenting the door that had been
ripped off and documenting this foreign receiver,
10
11
correct?
A.
I guess.
I don't know.
They didn't take
12
me with them or ask me questions about it.
13
didn't even know they did that until much later.
14
Q.
So I
Now, when you looked into the guts of the
15
wave runner when Mr. Williams is there on the
16
property with you, the very first time you started
17
looking at this back door of the wave runner, the
18
receiver that had existed with the wave runner, the
19
one that was properly there was still connected to
20
the side of the wave runner, correct?
21
A.
I believe so, yes.
22
Q.
And the other one was connected, the
23
female and male device was connected together inside
24
the wave runner?
25
A.
It was hanging or dangling on the wiring,

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yes.
Q.
But they were together?
A.
Correct.
MR. DURKEE:
4
5
I have no further questions.
Thank you.
THE COURT:
Any redirect?
MR. MURPHY:
THE COURT:
THE WITNESS:
No, sir.
Thank you.
You may step down.
Thank you.
(Witness excused.)
10
11
THE COURT:
12
MR. MURPHY:
13
THE COURT:
Next witness, please.

Detective Nye.
Okay.
Mr. Murphy, if you have
14
any exhibits, please give them back to the
15
Clerk.
Detective Nye, please come forward.
16
17
Thereupon:
DETECTIVE NYE-GONZALEZ
18
19
was called by the Defendants and, after first being
20

THE COURT:
21
22
23
24
25
If you will, have a seat
there.
MR. MURPHY:
Judge, I think we ought to
mark this lanyard as the next defense exhibit.

THE COURT:
I agree.
If we can put a tag

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on that Malweena, what would be what number?

THE CLERK:
2
3
That will be Defendant's A-12
for ID.
THE COURT:
Thank you.
please keep your voice up.
spell your name, Detective.

THE WITNESS:
7
8
Please state and
Dalyn, D-A-Y-L-N,
Nye-Gonzalez. N-Y-E hyphen G-O-N-Z-A-L-E-Z.

DIRECT EXAMINATION
9
10
And if you will,
BY MR. MURPHY:
11
Q.
Good morning, Detective.
12
A.
Good morning.
13
Q.
Thank you very much for coming.

Could you tell the Court your occupation
14
15
and what position you still hold with the police
16
department?
17
18
19
20
21
22
23
24
25
A.
I am a police officer with Miami-Dade
Police Department.
Q.
What is your current position or rank in
the police department?

A.
I'm an officer.
I am uniform patrol in
the Northwest District.

Q.
Have you ever been a homicide
investigator?
A.
Yes.

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1
2
Q.
How long were you a homicide investigator
with Miami-Dade Police Department?
A.
Two years, I believe.
Q.
And would you have any estimate of how
many homicides you investigated during that time,
even if it's a ballpark figure?
A.
I do not, sir.
Q.
What was your role, Detective, in
9
10
connection with the homicide investigation involving

Reynaldo Munoz?
11
A.
I was assigned as the lead investigator.
12
Q.
Who assigned you?
13
A.
Sergeant Malott.
14
Q.
And what is the function of a lead
15
16
investigator?
A.
I'm typically in charge of the
17
investigation and I am the one who writes the
18
report, you know, does all the follow-up and that
19
sort of thing.
20
21
Q.
Do you have your file that you generated
with you today?
22
A.
Yes, I do.
23
Q.
As lead investigator, do you direct other
24
investigators to go question certain witnesses or
25
obtain certain evidence?


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A.
Yes, I do.
Q.
Was there like a co-lead investigator or
were you really the one who was assigned to
investigate this?
A.
I was the lead investigator.
Q.
And when did you begin initiating your
7
8
9
10
investigation of this incident?

A.
On the date it occurred.
I was told by
Sergeant Malott that I would be the lead

investigator.
11
Q.
Did you go out to the scene?
12
A.
Yes, I did.
13
Q.
What do you remember in general about what
14
sort of investigation you performed that day when
15
you went out to the Davis residence?
16
A.
In what context, sir?
17
Q.
The day of the incident.
18
A.
As far as I responded to the residence.
19
It was blocked off.
20
with crime scene tape.
21
officer at that time from Miami Shores, then I
22
seemed to do other functions.
23
24
25
Q.
The officers had it blocked off

I made contact with the lead
There was a crime scene investigator
assigned as well?
A.
Yes.

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Q.
Was that Officer Rosello?
A.
Yes.
Q.
Now, who tells Officer Rosello what to
inspect, what to examine, or what evidence to try
and obtain?
A.
Well, technically I do.
However, she's a
seasoned crime scene technician so she doesn't need
very much direction and she knows her functions and
what she needs to do.
But I communicate with her
10
about facts of the case and what I know at that
11
point.
12
Q.
On the day of the incident or late
13
afternoon or evening as well, could you tell the
14
Court generally what did your investigation involve
15
at that point at least?
16
A.
We examined the scene.
We looked at the
17
body, spoke to the officers who were on the scene,
18
spoke to the attorney for the Davis family.
19
to Carolina Lopez.
20
I spoke to several people on the scene.
21
22
Q.
I spoke
I spoke to Mr. Munoz's mother.
Some of these interviews were conducted in
the future, right?
23
A.
Yes.
24
Q.
Did you speak -- well, you mentioned the
25
Of the Davis family, yes.
name of Carolina Lopez.


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A.
Yes.
Q.
Who is Carolina Lopez?
A.
She's the girlfriend of Reynaldo Munoz.
Q.
Did you interview her first?
A.
Yes, on the scene as well as later at the
homicide bureau.
Q.
What essentially, as part of the
investigation, did she say was of any importance to
you?
10
11
12
MR. DURKEE:
Objection, Your Honor,
hearsay.
MR. MURPHY:
Your Honor, if I could say,
13
he's agreed to the entire investigation file
14
going in.
15
16
17
18
19
MR. DURKEE:
That's not true.
I never
agreed to that.
MR. MURPHY:
You have it in your evidence
right there.
MR. DURKEE:
I do not have it in the
20
evidence, number one.
21
specific objections to the entire State
22
Attorney's file line by line as to what exhibits
23
would be admitted and which ones would be
24
objected to.
25
MR. MURPHY:
Number two, I sent you
We disagree with that.

I got
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133
your entire file where you said here was all our
evidence or exhibits, I guess.
MR. DURKEE:
Do you want to see the line
items that I sent you?
THE COURT:
I mean --
Well, you guys, I mean, I know
there was reference made to some pages from the
State Attorney's file.
has been agreed to by the parties and what
hasn't been agreed to by the parties.
I'm not quite sure what
I know
10
there was certain things that were by the
11
depositions and other things.
12
MR. DURKEE:
Well, there were certain
13
things that were stipulated to, Your Honor.
14
entire State Attorney's file has not been
15
stipulated to and we wrote specific objections
16
as to what things would be admitted and what
17
things were being objected to and we stated
18
specifically that part of the investigative
19
report is being objected to based on hearsay.
20
MR. MURPHY:
We can go back into that,
21
Your Honor.
22
entire investigation --
23
MR. DURKEE:
24
THE COURT:
25
MR. MURPHY:
The
Originally Mr. Durkee agreed to the
That is not true.

One at a time.
He agreed to the entire file

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going in.
it here and then later he said, now I am
objecting to frankly everything that was part of
the police investigation that wasn't some sort
of physical evidence obtained.
parts of the investigation that anyone gave,
where anyone was interviewed and all statements.
He later objected to that after he already
agreed that all of that could be part of the
10
11
As a matter of fact, we actually have
That is, all
file.
THE COURT:
Let me ask you this, listen, I
12
know we have been going back and forth with
13
witnesses that weren't going to be used, then
14
they were going to be used, et cetera.
15
assuming that he agreed to allow it in to begin
16
with without objection, but then subsequently --
17
I mean, it's not like, you know, he moved a
18
chess piece and then removed it.
19
So now he's objecting to it.
So
What would
20
be the exception to the hearsay rule that that
21
would be allowed in?
22
23
24
25
MR. MURPHY:
I can say one thing -- is
this what you filed on Friday?

MR. DURKEE:
Friday.
No, this not what I filed
This is what I sent to you a long time

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1
2
ago.
MR. MURPHY:
No, I'm talking about that
designation of all of your evidence that you
filed on Friday with a big, big binder.
5
6
7
MR. DURKEE:
I don't know what I filed on
Friday.
THE COURT:
The only big binder I have was
filed by -- that has a lot of case law and
things of that nature, that was filed before the
10
11
November 21st hearing.

MR. MURPHY:
I'm referring to, just so you
12
know, what you filed December 23rd, Plaintiff's
13
Evidentiary Exhibit List for your review and it
14
is a big, big black binder that included all of
15
this stuff.
16
MR. DURKEE:
Your Honor, we always need to
17
make as part of the record materials so that the
18
Court has a record as to what was objected to
19
and what was excluded and what was not objected
20
to and what was admitted because --
21
THE COURT:
22
MR. DURKEE:
I agree.
Because if the Appellate
23
Court does not have a record of what was
24
excluded, they're not going to be able to tell,
25
hey, that was excluded improperly.


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So I may have made a part of the record
the entire State Attorney's file, but in the
pretrial stipulation, any objections that I
sent to the defendant, I've always maintained
our objections to evidence.

This is an evidentiary hearing.
It's
based on the rules of evidence and they cannot
bring in hearsay testimony simply because they
have a detective here.

THE COURT:
10
11
Yes, what would be the
exception is what I am asking for.

MR. MURPHY:
12
Well, he's taking the
13
position that -- well, plaintiffs are taking the
14
position in this case that the investigation was
15
flawed and he's argued that.

I don't know how you can argue that
16
17
without allowing or comment on what the
18
investigation was.
19
both ways.
THE COURT:
20
I mean, you can't have it
Well, you can surely talk
21
about what a person, let's say, Detective
22
Nye-Gonzalez did without going into specifics.
23
In other words, you can say, who did you talk
24
to?
25
talk to next?
How long did you talk to them?
What did you do?
Who did you
What did you

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look at?
All that can be gone into without
getting into the actual substance of what was
said during the -- in the meeting.
have some exception.
truth of the matter asserted, I think, so it is
hearsay.
exception to hearsay.
exception to hearsay going on here that I know
of.
It's coming in for the
I'm not sure what would be the
MR. MURPHY:
10
Unless you
I don't think there is an
Well, I will ask it, then, a
11
different way in terms of -- because I was under
12
the impression that he had waived all that and
13
if I'm wrong, I'm wrong because he attached that
14
as an evidentiary exhibit list.

THE COURT:
15
No problem.
Mr. Durkee
16
objected to it.
17
as to the last question the way it was asked.
18
Q.
I am sustaining the objection
(By Mr. Murphy) Detective Nye, in the
19
course of your investigation, did you determine
20
whether or not Mr. Munoz had ever been involved in
21
stealing other wave runners?
22
23
24
25
MR. DURKEE:
Objection.
Your Honor, that
just brings the hearsay in through the backdoor.

THE COURT:
Well, you can say did you ever
find out, but you can't say what the answer was.

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So the question is did you ever determine
1
2
that.
It's yes or no, but it's not saying
whether she determined that he did or hadn't.

So just by answering yes or no that would
4
5
be appropriate.
out he had or had not ever been involved in any
alleged thefts of wave runners.
A.
Don't say whether you found
Yes, I did.
MR. MURPHY:
And, Judge, with regard to
10
your specific question on hearsay exceptions, we
11
were prepared to argue this the last time when
12
we were here.
13
terms of what the exception is because he's
14
actually researched this.
15
to take it up beforehand, but I didn't think it
16
was an issue.
I will let Mr. Bissett argue in
17
THE COURT:
18
MR. BISSETT:
Okay.
I mean, we were going
So Mr. Bissett?
First of all, she can
19
actually state what Carolina said to her without
20
it being hearsay if it's -- if the woman said
21
this to her.
22
was true or false is a different matter.
23
Whether what Carolina said to her
But it's not hearsay if it's coming in
24
initially just for her to say this is what I
25
was told as to whether -- because it's not


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coming in for the truth of the matter asserted
to her, i.e. what Carolina said, but that
Carolina said that to her.
hearsay.
THE COURT:
So that's not
If it's not coming in for the
truth of the matter asserted, then what is the
purpose of it coming in?
MR. BISSETT:
Well, the second one, it
comes within the exception for the public
10
records and business records because this is
11
information that she is taking and committing in
12
the ordinary course of her duties in
13
investigating a crime, immediately committing it
14
to these records which are relied upon and
15
utilized in investigating the crimes similar to
16
hospital records and notations that are placed
17
into those.
18
THE COURT:
19
goes that way, though.
20
saying is is that if a police officer goes and
21
looks up any records at all, that they therefore
22
become custodian of records and it becomes a
23
business record.
24
the first time anyone has tried to have a police
25
officer talk about records that were objected to

Nice try, but I don't think it

What you're basically
I mean, I'm sure this isn't

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1
2
and this can't be a case of first impression.

So, listen, if someone wants to give me a
case that says this is proper or not a
violation of a hearsay objection, I will be
glad to allow it.
police officer does makes them the custodian of
records because if she looked up, let's say,
Reynaldo Munoz, Jr. and found out he had a
prior arrest for grand theft for wave runners,
10
or anything else, that that just automatically
11
makes it come in.
12
I don't think whatever a
So right now the objection is still
13
sustained.
If you find something to the
14
contrary, let me know.
15
MR. BISSETT:
Additionally, it's part of
16
the basis as to her conclusions in the course of
17
her investigation and what she recommends who
18
committed what and what happened.
19
THE COURT:
Well, you know, that would be
20
like a police officer coming on a case saying,
21
well, this person has been arrested many times
22
before, therefore I have arrested him on the
23
burglary.
24
there has been other burglaries they did.
25
They must have done this because
And I don't think that would be something


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141
that be would allowed.
to a criminal case, but if you're referring to
the State Attorney's investigation that went on
for a couple of years, you know, whether parts
of that or at least what I've read, although I
haven't seen that, no one has ever given me
that.
900-and-some-odd pages.
I don't know what it is, this
MR. BISSETT:
I understand that goes
I was just going to point it
10
out, I don't know if it is clear, but on
11
December 23rd we got from Plaintiff's counsel
12
Plaintiff's Evidentiary Hearing Exhibit List for
13
review, and it lists, which surprised us,
14
Carolina's statement.
15
We didn't line up anybody to come to testify for
16
that, but this was the most recent statement we
17
got from them.
18
forth.
So we relied upon this.
It has been going back and
This is the most recent one to today.
19
THE COURT:
20
MR. DURKEE:
Mr. Durkee?
Your Honor, as I said, I have
21
listed a tremendous amount of evidence -- not
22
evidence.
23
statements, et cetera, because I don't want to
24
ambush anybody.
25
listed it on a witness exhibit list that it is

A tremendous amount of exhibits,
But that doesn't mean that you

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going to come in as evidence.
things I list on a witness and exhibit list and
when I get to trial, I can't get it into
evidence because it's objected to.
THE COURT:
MR. MURPHY:
7
8
9
There is tons of
I understand.
Except he called it the
Evidentiary Exhibit List.

MR. DURKEE:
Your Honor, I said that is a
specific --
10
MR. MURPHY:
Calm down.
11
MR. DURKEE:
This is not -- I am not
12
confusing anybody, Your Honor.
13
MR. MURPHY:
14
THE COURT:
Hey -I don't need any further
15
argument.
16
you need to call some other witnesses as a
17
result of this, feel free to do so.
18
prohibit it if there is some confusion.
19
I am sustaining the objection and if
I will not
But as far as this witness, the Detective
20
testifying about what she found out about
21
Mr. Munoz, Jr. or any prior things other than
22
saying that she determined it, yes or no, and
23
she doesn't give an answer as to whether he had
24
a prior record or did not.
25
this witness at this time.

At least not with

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143
Q.
(By Mr. Murphy) Did your investigation
involve statementizing or interviewing various
witnesses?
A.
Yes.
Q.
Did your investigation include speaking to
Mr. Munoz's mother?
A.
Yes, it did.
Q.
At some time in your investigation did you
9
10
learn that Mr. Munoz was hearing and speech

impaired?
11
A.
Yes, I did.
12
Q.
Was that an important issue to you in this
14
A.
Yes, it was.
15
Q.
And in connection with that, did you
13
16
case?
interview Mr. Munoz's mother regarding that issue?
17
A.
Yes, I did.
18
Q.
What did Mr. Munoz's mother tell you in
19
terms of his ability to speak?

MR. DURKEE:
20
21
hearsay.
MR. MURPHY:
22
23
24
25
Your Honor, objection,
It's a party admission,
Judge.
THE COURT:
to a case.
Well, actually she is a party
Yes, you are correct.
Overruled.

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Q.
(By Mr. Murphy) What did Mr. Munoz's
mother tell you about his ability to speak,
Detective?
A.
She told me that he could make sounds.
could form small words.
the words.
report if I need to, but he could make some words,
could make sounds.
Spanish.
10
11
12
13
Q.
I could refresh my recollection in my
He read lips in both English and
He was able to text message.
Did you interview other people also
A.
Yes, I did.
MR. DURKEE:
I suspect the next one is
going to be the violation question.

MR. MURPHY:
No, I'm not going to.
I'm
asking --
18
THE COURT:
19
and I will sustain it.

MR. MURPHY:
20
If it is, you can object to it
I am not going to ask that.
21
I respect what you said.
22
that.
23
That's how
regarding this particular issue?
16
17
"Mama" I believe was one of
he communicated.
14
15
He
Q.
I'm not going to ask
(By Mr. Murphy) In the course of your
24
investigation, did you also interview Jack and
25
Jasmine Davis?

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A.
Yes, I did.
Q.
Now, we know this was several months
later --
A.
Yes.
Q.
-- correct?
Could you explain to the
Court why did that interview take place several
months later?
8
9
A.
That is when it was scheduled.
to interview right away.
We asked
There was a delay.
10
kids had finals.
11
thing you know it was several months later.
12
Q.
The
Lawyers got involved and the next
By the way, your interview of Jack and
13
Jasmine Davis, did that turn out to be a part of
14
your investigation file?
15
A.
Yes.
16
Q.
When you interviewed them, did you find
17
that in your opinion based upon your experience at
18
investigating other homicides, that they appeared to
19
be forthcoming to you about what happened?
20
A.
Very much so.
21
Q.
Did you find anything, Detective, that was
22
inconsistent with what they told you with the rest
23
of your investigation?
24
A.
No, sir, not that I recall.
25
Q.
Other than interviewing Ms. Davis, Jasmine

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Davis and Jack, did you also accumulate or discover
any additional evidence?
A.
Yes.
Q.
At some point did you find or was it
brought to your attention that there was discovered
in the wave runner this black override type of
receiver?
A.
Yes.
Q.
Did you ever see that?
10
A.
Yes, I did.
11
Q.
What was the importance of that to you in
12
13
the investigation?
A.
Well, it had a lot of importance.
First
14
of all, it was the item used to be able to start the
15
wave runner because it had a security system and
16
that overrides the security system.

And it also explains why Mrs. Davis saw a
17
18
black object in Mr. Munoz's hand which she thought
19
was a gun and it was the black box.
20
Q.
Based upon the totality of your
21
investigation, did you arrive at any conclusions or
22
determinations as to what happened in this incident?
23
A.
Yes, I did.
24
Q.
Tell the Court in general what was your
25
conclusion at the close of your investigation.


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A.
My conclusion was is that Mrs. Davis was
absolutely terrified.
home and I believe that through the course of the
investigation and all of the things that I saw and
all of the evidence that was presented to me, after
speaking with her, speaking with her son, she was in
absolute fear for her life.

When her son came into the equation, when
8
9
She was terrorized in her own
she called him out with the gun, he was also in
10
fear.
11
wasn't there for the beginning.
12
terrified his mother was and I believe that they
13
absolutely without a doubt reacted in a way that was
14
consistent with the fear that they had.
15
in fear they were going to be shot and, therefore,
16
Mrs. Davis told her son to shoot and he did.
17
He was acting upon his mother's reaction.
Q.
He
He knew how
They were
We have heard evidence, Detective Nye,
18
that initially Jasmine Davis told the police or you
19
or whoever investigated it that she was the one that
20
fired the weapon.
Is that true?
21
A.
Yes.
She told other officers that, yes.
22
Q.
What part did that play in your
23
investigation?
24
have on you where she originally said I shot the
25
weapon as opposed to her son?

In other words, what affect did that
What affect did that

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have on you, if any, in terms of the investigation
and what went on here?
A.
Well, obviously it's taken into
consideration that she was dishonest to begin with,
although, she didn't say it to me.
being, and I have to act as a human being as well as
a detective, I think that any mother would have done
the same thing.
Q.
As a human
At the conclusion of your investigation --
10
about how long was it before you actually issued
11
your final report, would you say?
12
A.
Without looking at my report, I want to
13
say it was sometime in November of the same year,
14
but I could verify that if I look at my report.
15
Q.
At the conclusion of your investigation,
16
had you reached a determination as to whether or not
17
the deadly force that was used by Jack Davis was
18
reasonable under the circumstances?
19
20
21
MR. DURKEE:
Objection.
I think it's an
ultimate conclusion.
THE COURT:
I think it is.
That would be
22
the ultimate conclusion.
23
jury here -- I mean, I have to decide by the
24
preponderance of the evidence that the proper
25
edict of stand your ground was or was not used,

I mean, if you have a

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but it would be the ultimate conclusion.

I mean, she can just say whether she
2
3
charged someone or didn't charge someone or
whatever, but I don't think she can make that
ultimate conclusion.
MR. MURPHY:
6
7
Q.
Okay.
(By Mr. Murphy) At the conclusion of your
investigation, did you believe that any charges were
warranted to be filed against Jasmine or Jack Davis?
10
A.
Absolutely not.
11
MR. MURPHY:
12
THE COURT:
13
Cross examination.
14
MR. DURKEE:
Thank you.
Yes, Your Honor.
CROSS EXAMINATION
15
16
Thank you.
BY MR. DURKEE:
17
Q.
Detective Nye.
18
A.
Mr. Durkee.
19
Q.
We've met before?
20
A.
Yes, we have.
21
Q.
As a police officer with the Miami-Dade
22
Police Department, you have had a couple of
23
incidents with following procedure.
Is that right?
24
A.
I'm not sure what you're referring to.
25
Q.
Well, you had one time where you were

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reprimanded for not communicating to the prison
officials properly and you had used your police
authority to go in and speak to your ex-husband.
that right?
5
6
7
8
A.
Yes.
After he sexually abused our
children, yes, that's correct.

Q.
And you were reprimanded for that.
Is
that right?
A.
Yes, I was.
10
Q.
And then there was a sexual assault case
11
12
13
14
Is
where you lost a taped confession.

A.
Is that right?
My vehicle was burglarized and that was
taken, yes.
Q.
And then there is an attempted murder case
15
where there was an allegation that you ignored
16
exculpatory evidence in the form of a suicide note.
17
Is that correct?
18
A.
There was an allegation.
So I'm not sure
19
what you're asking.
Was I reprimanded for something
20
like that, because that was your initial question.
21
I was reprimanded for --
22
Q.
No, I said there was an allegation.
23
A.
There were probably lots of allegations
24
25
about investigations.
Q.
It happens all the time.
As a result of those three things, the

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Miami-Dade Police Department, they moved you from
homicide detective to uniform patrol.
right?
A.
things.
Q.
Is that
No, sir, not as a result of any of those
Isn't it true that the Miami-Dade Police
Department, when they were asked why you moved from
detective to uniform patrol, they stated, quote, "A
pattern of concern was identified in several of
10
Officer Nye's investigations for which she received
11
the appropriate discipline and was assigned to the
12
northwest district uniform patrol."

Isn't that true?
13
14
15
A.
No, that's not true.
in the New Times article.
That's what written
That is not true.
16
Q.
That's just made up?
17
A.
That is not a true statement.
I was not
18
transferred for discipline.
19
for anything that had to do with an investigation.
20
Q.
I was not transferred
That is a correct quote that was in the
21
New Times attributed to the Miami-Dade Police
22
Department spokesperson, correct?
23
A.
That was the quote in the New Times.
24
Q.
Now, on November 21, 2011 you were first
25
assigned the case.

You were the lead homicide

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detective, correct?
A.
That's correct.
Q.
You were in charge of this investigation,
4
5
correct?
A.
THE COURT:
6
7
That's correct.
21st?
MR. DURKEE:
THE WITNESS:
MR. DURKEE:
10
11
I'm sorry, you said November
Q.
I'm sorry.
May 21st.
May.
I'm sorry, Your Honor.
(By Mr. Durkee) Now, the first report that
12
you had been told when you went to do your
13
investigation was that an unknown male was stealing
14
a wave runner from the residence who was shot by the
15
homeowner.
16
you were given, correct?
That's the first report of crime that
17
A.
As I recall, yes.
18
Q.
At that time the communication that was
19
told to you did not mention that the fellow was
20
wielding a gun, correct?
21
A.
Not that I recall.
22
Q.
And the first communication to you of what
23
happened, there was no allegation of multiple
24
assailants, was there?
25
A.
Not that I recall when I received the

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phone call.
that I am getting on the phone call.
Q.
However, it's very general information
But then you went to the scene and you got
briefed by Officer Zabielinsky who interviewed
Jasmine Davis, correct?
A.
That's correct.
Q.
Now, he told you a very specific story
about how Jasmine had told him that the fellow
had -- she had said, "I have a gun," and the fellow
10
11
12
responded, "I have a gun, too."

A.
Is that correct?
I don't know if that was the quote.
would have to look through my notes.
13
Q.
Why don't you look through your notes.
14
A.
Okay.
15
Q.
We can do it together.
16
A.
Okay.
17
Q.
I will direct you to Page 2 of your
18
report, the first paragraph.
19
line to the end.
20
Zabielinsky to the man in the water and stated she
21
had shot the man after she told him she had a gun
22
and the man said he had a gun, too."
23
what Officer Zabielinsky told you?
24
25
A.
It's almost the third
"Jasmine directed Officer
Isn't that
That's my summary of what he said to me.
It's not a direct quote.


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Q.
Have you read his report?
A.
I have.
Q.
If that's exactly the same quote that's in
Not recently but, yes, I have.
his report, you agree that is what Officer
Zabielinsky told you, right?
A.
This is the summary of what he told me.
Q.
I mean --
A.
This is not a direct quote.
Q.
It's as accurate as you can be?
10
A.
It's a summary of what he told me.
11
Q.
You are writing police reports to be as
12
accurate as you can, aren't you?
13
A.
Absolutely.
14
Q.
So that's as accurate a summary that you
15
16
17
18
can make it at the time that you wrote it, correct?

A.
That is correct.
That's my summary.
Not
a direct quote.
Q.
At some point during your investigation it
19
was also communicated to you that how Jack had
20
received his injury was because the mother had fired
21
the weapon and the kickback from her firing the
22
weapon had hit Jack in the face.
Is that right?
23
A.
That's what I was told, yes.
24
Q.
Now, as you know, as you sit here today --
25
I think you stated it on direct.

I mean, you know

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as you sit here today that Jasmine's first report of
what happened, that she had fired the weapon, was a
lie?
A.
That's correct.
Q.
You also know that Jack's explanation as
to how his lip got injured was a lie?
A.
That's correct.
Q.
And as the lead investigator investigating
a possible homicide, that is something that is very
10
significant, the people that caused the death of
11
Reynaldo Munoz, their first instinct to authority,
12
the first instinct to police officers was to lie?
13
That's something you should take into consideration
14
when you're investigating this, correct?
15
A.
Absolutely.
16
Q.
Now, the story that you started to do the
17
investigation was that Jasmine had fired the weapon
18
and Jack was behind her and got hit in the lip by
19
the discharge, correct?
20
investigating?
21
22
23
A.
That's what you were
No, that's what I was told.
I was
investigating the death of Mr. Munoz.

Q.
Right, but the scenario that you started
24
to go on, then, following the breadcrumbs down the
25
path, the first story that you were told was that

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story, that Jasmine fired and Jack got hit with the
kickback?
3
4
5
A.
That's what I was told initially when I
arrived on the scene, yes.

Q.
As a result of that, Jasmine was out in
the back and being sort of treated as the shooter
and the rest of the family went inside the house and
was separated, right?
A.
Yes.
10
Q.
And the reason witnesses in a shooting
11
like this are separated is why?
12
A.
So they can't communicate.
13
Q.
Right.
14
other what to say.
So they don't start telling each

Is that right?
15
A.
Could be, yes.
16
Q.
And the people that were there were
17
Jasmine, Jack, the minor daughter and the
18
housekeeper and they were all separated initially,
19
right?
20
21
22
A.
I don't know.
I was never inside when
they were inside.

Q.
But if everybody had been doing their
23
part, the normal procedure would have been to
24
separate the witnesses, correct?
25
A.
That is the normal procedure, but you have

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to ask Officer Zabielinsky who was in charge of the
scene prior to me arriving.

Q.
And you have read your report and
everything else and you know how this went down.
They were separated inside of the house, weren't
they?
A.
7
8
his report.
9
10
11
12
13
14
I believe so.
You would have to refer to
I don't know.
Q.
But in your report I think you talk about
A.
I know they were inside and Mrs. Davis was
it.
outside.
Q.
I think you talked about it in your report
that they were separated inside the house.
15
A.
Do you want to go to that page?
16
Q.
Sure.
17
A.
We can go to that page if you would like.
18
19
20
21
Do you know which page it is?

Q.
Not yet.
I didn't think you were going to
fight me on that one.

A.
On Page 2 at the bottom, the last
22
paragraph, it says, "Officer Zabielinsky advised
23
that Officer Jonchuk was on the scene and inside the
24
residence with the children and the housekeeper."
25
Q.
That's on what page?

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A.
On Page 2, the last paragraph.
Q.
You do know Jasmine, at the very end of
Page 2, was sequestered from her children at least.
Is that correct?
5
6
7
8
A.
I know that she was outside and the
children were inside with the housekeeper, yes.

Q.
Being sequestered means to be separated
from the person, correct?
A.
Yes.
10
Q.
Basically?
11
A.
She was outside and they were inside.
12
Q.
Now, at some point before you obtained any
13
type of statement from who you thought was the
14
shooter, Mr. Davis, her husband, arrived, Jeffrey
15
Davis.
Is that right?
16
A.
Yes.
17
Q.
When he arrived on the scene, he was
18
actually allowed to come to the scene and briefly
19
talk to his wife, correct?
20
21
22
23
A.
Yes.
Sergeant Malott allowed him to do
that, yes.
Q.
Also another attorney, Mr. Stephen Marino,
was also allowed on the premises, correct?
24
A.
Correct.
25
Q.
This is while you had secured the property

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with yellow tape to make it into a crime scene,
correct?
3
4
A.
I had not secured the property, but there
was crime scene type, if that's what you're asking.
Q.
Yes, that's what I'm asking.
A.
So while there was crime scene tape, yes,
7
8
9
Mr. Davis and his attorney entered, yes.

Q.
This was still a crime scene and you were
at the very initial stages of conducting your
10
investigation and at that time, Mr. Davis, who is an
11
attorney, and his friend, Mr. Marino, who is also an
12
attorney, were both allowed on the scene, correct?
13
A.
By Sergeant Malott, that's correct.
14
Q.
Now, you keep saying that is Sergeant
15
Malott.
16
saw somebody on your crime scene, you can direct
17
them to get off, couldn't you?
18
detective, right?
19
A.
When you were the lead detective, if you
Well, Sergeant Malott is my sergeant.
20
He's my superior.
21
that's what happened.
22
Q.
You are the lead
He made that determination and
But you were the lead detective.
Even
23
though he's your superior officer, as lead detective
24
in a homicide you have the right to control the
25
crime scene, don't you?


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1
2
3
A.
Within reason.
However, he's a supervisor
so he made the decision as it stood.

Q.
If you thought it was going to taint your
investigation, your homicide investigation that you
were in charge of, you could have gone to Sergeant
Malott saying, "Listen, I don't want people to be on
my crime scene.
around this crime scene.
this crime scene until we finish it."
10
that, right?
11
A.
12
13
I don't want attorneys walking

I don't want anybody on
You could do
I could probably make that statement.
don't know if it would happen.

Q.
He was allowed to speak with his wife and
14
then he was allowed to speak with his children,
15
correct, Mr. Davis?
16
A.
As far as I know, yes.
17
Q.
And then he was allowed to take his son
18
before you ever interviewed him, and at this point
19
before the son went off the premises, he was being
20
looked at as a witness, correct?
21
A.
Well, initially he was thought to be a
22
witness.
23
Sergeant Malott is the one who noticed that his lip
24
was bleeding and that he probably was the shooter.
25
Q.
Before he was taken off the scene,
So you were aware that the person that

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Sergeant Malott had thought was possibly the shooter
of this individual out in the bay, or I guess at
that point he was on the property, but he was going
to allow the person that fired the weapon go off the
premises with his dad, who is a lawyer, for several
hours.
Were you aware of that?
A.
I was not aware until after it happened.
Q.
Do you think that is good police work?
A.
You have to talk to Sergeant Malott about
Q.
You have been a detective for -- I guess
10
11
that.
12
you are a uniform patrol officer now, but you used
13
to be a detective.
14
tell me that that's not the way it's written in the
15
book, that you don't do it that way?
16
investigating a crime, you don't let people who you
17
are suspecting they may have committed a crime to go
18
off the property and get consulted with an attorney
19
or their father?
20
21
A.
And being a detective, you can't
When you are
Well, I can tell you at that point, I
didn't suspect he committed a crime.
22
Q.
And you never communicated with Sergeant
23
Malott?
24
A.
Sergeant Malott?
25
Q.
You didn't communicate with him before he

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allowed these people to go off the premises and his
suspicion that the son had actually shot the weapon?

A.
3
4
I did not
know until after.

Q.
5
6
He made that determination.
upset?
Now, after you determined that, were you

Do you think that hurt your investigation?
A.
No, I don't think it did.
Q.
You agree with me that that's not the way
it normally gets done?
Don't you agree with me on
10
that statement, or you won't even agree with me on
11
that?
12
13
14
15
A.
I don't know, because I didn't suspect
that a crime had been committed.

Q.
You knew somebody had been shot with a
shotgun, correct?
16
A.
That is correct.
17
Q.
And there is a whole team of crime scene
18
investigators and detectives and police officers and
19
everybody was there to investigate whether a crime
20
had been committed, right?
21
A.
That is correct.
22
Q.
Within the first hour without talking to
23
any witnesses, without getting any objective
24
evidence, without really doing anything, you already
25
concluded that no crime had been committed?


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A.
I didn't say I concluded that, no.
Q.
That is what you suspected right off the
A.
What I'm telling you is is I did not
bat?
4
5
suspect that Jack had committed a crime or his
mother had committed a crime.
Q.
Right off the bat?
A.
Once I heard the information that I had at
9
10
that time, I did not suspect at that time.
My mind
could have been changed, but it was not.

Q.
11
The only information that you had at that
12
time was Jasmine Davis's statement to Officer
13
Zabielinsky which then was relayed to you?
14
the only evidence you had at that time, correct?

A.
15
That is
I wouldn't say that was the only evidence,
16
but that was some of the evidence that I had at that
17
time.
18
Q.
We're going to go through it together
19
because this is a very important part of the
20
investigation, Detective.
21
together.
22
Let's go through it
You're there an hour before he goes off
23
the scene, Jack goes off the scene.
24
sure, we already talked about it, that you got
25
Jasmine's statement through Officer Zabielinsky.

We know for

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Now, I want you to go through your report,
1
2
your file, whatever you want to go through, and I
want you to list for me every single nook and cranny
of evidence that you were relying on at that point
to determine your suspension that no crime had been
committed.
A.
So you would like for me to read my
report?
I'm not sure what you want me to do.
Q.
I want you to rely on whatever you want to
10
rely on, reports, photographs, anything that you
11
want to rely on and tell me what evidence you had
12
within the first hour of your investigation that led
13
you to believe or led you to the suspicion that no
14
crime had been committed that day.
15
A.
So I have a statement that was given to me
16
by Officer Zabielinsky wherein Mrs. Davis was
17
terrorized in her home.
18
was armed and she defended herself.
19
Q.
There was someone there who
Where is it in the statement by Officer
20
Zabielinsky that says he was armed other than the
21
statement that she said he had a gun?
22
23
24
25
A.
Okay, he had a gun doesn't translate to
armed?
Q.
Okay.
So there was a statement made by
this mute person, supposedly, that I had a gun, too.


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Munoz vs. Davis
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165
That's one thing that you relied on?
A.
Who I did not know at that time was mute.
Q.
Right.
A.
He's not mute, actually.
Q.
What else did you rely on other than
He can speak.
Jasmine's statement?
statement is.
know that she said that she believed that he said,
"I have a gun, too"?

A.
10
We know what Jasmine's
We already went over that.
I have an issue with your quote, Mr.
11
Durkee, because I didn't quote that.
12
that as a quote here.

Q.
13
And we
Let me help you, then.
I don't have
Let me show you
14
Page 3 of Officer Zabielinsky's report, the second
15
paragraph.
16
Isn't that exactly what's in Officer Zabielinsky's
17
report as to what Jasmine told him?

A.
18
Let me make sure I didn't get it wrong.
What it says is that when she, Mrs. Davis,
19
advised when she told the unknown person she had a
20
gun, he told her he had a gun, too.

Q.
21
I mean, when you translate he said he had
22
a gun, too, doesn't it mean he said, "I have a gun,
23
too"?
24
A.
No, no, I don't know about that.
25
Q.
So how do you want me to write it?

I will
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Munoz vs. Davis
December 29, 2014

166
write it exactly.
A.
I don't want you to write it at all.
Q.
I am going to write it.
Tell me what you
think is the appropriate thing to write as far as
the quote she told you.

A.
All I can tell you is based on my report,
Officer Zabielinsky told me that the man -- that
when she told him she had a gun, the man said he had
a gun, too.
Q.
10
11
That's what he says in
his report, right?

A.
12
13
He had a gun, too.
I don't think that was a direct quote from
Mrs. Davis.
Q.
14
I have taken his sworn statement and he
15
says that's exactly what -- shouldn't you know this
16
as the lead detective?

A.
17
We are going to have to talk to him about
18
that.
19
summary that I wrote down.
20
quote from Mrs. Davis.
21
All I can tell you is what he told me in
Q.
I don't have a direct
But you're a lead investigator.
Shouldn't
22
you know above all the people that are here,
23
including me -- shouldn't you above all the people
24
here know exactly what Jasmine said the very first
25
communication as to what happened?

Shouldn't you

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Munoz vs. Davis
December 29, 2014

167
1
2
know what the answer to that question is, not me?

A.
Well, this was his summary and this is my
summary.
if that's a quote.
of what she said.
what she said.
can't answer that.
would be the best person to answer that.
Q.
I don't know what she said.
I don't know
I don't know if that's a summary

It's likely that's a summary of
I don't see any quotation marks.
I think Officer Zabielinsky
The best information that you have as you
10
sit here today based on Officer Zabielinsky's report
11
and based on your report is that Jasmine said that
12
she said, "I have a gun," and the fellow responded,
13
"I have a gun, too."
14
and everything else, that's the best we can do based
15
on your reports, right?
Based on all of your reports
16
A.
No, sir.
17
Q.
What is the best we can do then?
18
A.
The best that we can do is exactly what I
19
told you before.
20
he said he had a gun, too.
21
22
23
Q.
Tell me.
After she told him she had a gun,
I think we are saying the same thing, but
we will go on.
Now, it's your testimony that Sergeant
24
Malott, he suspected that Jack was the shooter prior
25
to him allowing Jack and his father to go off the


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Munoz vs. Davis
December 29, 2014

168
premises for two hours?

A.
2
3
That appears the way it is, yeah.
He made
that determination, not me.

Q.
Now, at some point when they came back
from their jaunt off the property, you guys
confronted Mr. Davis with your suspicion that Jack
had fired the weapon, correct?
A.
I believe so, yes.
Q.
Prior to that, Mr. Davis, Jack Davis,
10
Jasmine Davis, nobody prior to that time had told
11
you that Jack had fired the weapon, correct?
12
A.
No one had told me, no.
13
Q.
And then when Jack and Mr. Davis came back
14
from going to get medical care, that is when
15
Sergeant Malott and you confronted them with the
16
fact that you believe Jack is the shooter, correct?

A.
17
18
I believe so.
I would have to look if
there is something different, but I believe so.

Q.
19
That's when, A, Mr. Davis said, yes, I do
20
believe Jack was the shooter and, B, we are invoking
21
our right to counsel and Attorney Ratzan will speak
22
for the family from this point forward.
23
true?
24
25
A.
Isn't that
I remember that Attorney Ratzan was the
one who gave a statement.


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December 29, 2014

169
THE WITNESS:
1
2
May I have a glass of water,
please?
THE COURT:
How much longer do you expect cross?
MR. DURKEE:
10
It's going to be a while
longer, Your Honor.

THE COURT:
8
9
or so.
We have been going two hours
So maybe it's a good time to take a
lunch break at this point.
11
MR. DURKEE:
12
THE COURT:
That's okay with me.

Is that okay with everyone?
13
We will take a lunch break.
14
continue at that
15
MR. DURKEE:
16
all of the rules.
17
THE COURT:
Thank you.
We will
point.
Just to advise the witness on
Because you are in the middle
18
of your testimony, you cannot discuss the
19
testimony with the attorneys who called you.
20
THE WITNESS:
21
THE COURT:
22
everyone back at 1:30.
23
24
I'm
not holding you to it.
6
7
Yes, of course.
Okay.
Thank you.
We will see
(Thereupon, at 12:25 p.m. a luncheon

recess was taken until 1:30 p.m. the same day.)
25

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Evidentiary Hearing - 2011 Killing of Reynaldo Muñoz

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Munoz vs.

December 29, 2014

IN THE CIRCUIT COURT OF THE 11TH

Taylor, Jonovic, White, Gendron & Kircher-Echarte

Munoz vs. Davis

December 29, 2014

THE MCGRANE LAW FIRM, by

(By Mr. Murphy)

(By Mr. Durkee)

Jeffrey Davis, Esq.

(By Mr. Murphy)

(By Mr. Durkee)

(By Mr. Murphy)

(By Mr. Durkee)

Taylor, Jonovic, White, Gendron & Kircher-Echarte

Munoz vs. Davis

December 29, 2014

Good morning everyone.

issue I've got to raise before we start.

Come over here to the side.

(Thereupon, the respective lawyers

approached the bench without the court reporter

and had a discussion at sidebar outside the

hearing of the court reporter.)

We are here in the case of

Reynaldo Munoz, Sr., as surviving father and

Personal Representative of the Estate of

Reynaldo Munoz, Jr., and Caridad Lopez, as

surviving mother, Plaintiffs, versus Jeffrey

Case No. 11-037237 Division 23.

Make your appearances for the record.

Mr. Durkee, we will start with you on behalf of

Yes, Your Honor.

Durkee, Mr. Joel Perwin, and Mr. Juan Alvarez on

behalf of the Estate of Reynaldo Munoz.

Thank you very much.

representing the Davis family.

When we were here last, as I went over my

Okay, thank you.

Taylor, Jonovic, White, Gendron & Kircher-Echarte

Munoz vs. Davis

December 29, 2014

notes, which was on November 6th, we had the

playing of the 911 tape and the testimony of

Mrs. Davis and that's where we had ended on

I'm not sure if there is any preliminary

matters we need to take care of.

can call your next witness.

If that's the case, yes,

Judge, we will call Jack Davis.

discussion about the differences between the two

pretrial stipulations or you're good?

I looked that over.

becomes a point in time the stipulations or any

questions, then I will be glad to discuss it.

Once again, I can see it

doesn't have to be ventilated now.

Mr. Davis, if you will raise your right

Taylor, Jonovic, White, Gendron & Kircher-Echarte

Munoz vs. Davis