February 24th: Federal Trial Day 3 Opening Arguments

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Section 1: Summary

  • Date: February 24, 2026
  • Court: U.S. District Court, Northern District of Texas, Fort Worth Division (with Dallas simulcast courtroom)
  • Case: Prairieland Federal Trial — Day 3 (Trial Day 2)
  • Judge: Mark Pittman
  • Prosecution: Shawn Smith (AUSA), plus prosecution team
  • Defense Attorneys Present:
    • Cody Cofer and James Luster (Autumn Hill)
    • Patrick McClain, Bradley John Sauer, and Brian Matthew Bouffard (Zachary Evetts)
    • Phillip Hayes (Benjamin “Champagne” Song)
    • Chris Tolbert (Savanna Batten)
    • J. Warren St. John and David Miles Brissette (Meagan Morris) — Note: Warren St. John was absent for part of the afternoon (hearing on 5th floor)
    • MarQuetta A. Clayton (Maricela Rueda)
    • Harmony Schuerman and Blake Ryan Burns (Elizabeth Soto)
    • Leigh Davis (Ines Soto)
    • Christopher Weinbel and Rachel Taft (Daniel “Des” Sanchez Estrada)
    • Federal Public Defenders also present
  • Defendants Present: All nine defendants present
  • Type of Proceeding: Jury trial — Arraignment, opening statements, and beginning of government’s case-in-chief (first two witnesses)

Key Takeaways

  • All defendants pled not guilty at arraignment (~10:06 AM).
  • Judge ordered prosecution to modify its opening PowerPoint, sustaining several defense objections: removed “maliciously” (slide 8), “vandalizing” (slide 11), “They also hate police and ICE” (slide 21), and the Venn diagram (slide 25, sustained on Rule 403 grounds). First Amendment objections were overruled. Signal chat screenshots (slides 28/29) were allowed to remain with no limiting instruction; judge will instruct the jury that opening statements are not evidence.
  • Prosecution’s opening statement framed the case around Song yelling “Get to the rifles” before firing 11 times with a binary trigger AR-15 and striking Lt. Gross. Prosecution theory relies on Pinkerton liability — that the shooting was “reasonably foreseeable” to co-defendants Autumn Hill, Meagan Morris, Maricela Rueda, and Zachary Evetts based on planning in Signal chats. Government will present cooperating witnesses (Sharp, Thomas, B. Kent, Baumann, Seth Sikes, Nathan) and approximately 50 witnesses total.
  • Defense openings stressed individuality of each defendant. Key themes: this was planned as a “low-risk noise demonstration” to bring hope to detainees; multiple defendants arrived late and/or left before the shooting; several were not in the Signal group chats; Savanna Batten, Liz Soto, and Ines Soto had minimal involvement; Meagan Morris never exited her van; Des Sanchez Estrada was not present at the scene at all.
  • Song’s attorneys reserved their opening time.
  • Lt. Gross (Witness #1) testified and was cross-examined extensively. He admitted he drew his weapon and aimed at a person in black running away from the facility before the shooting began. He saw only 2-3 people and could not identify any of the 9 defendants. His written statement was prepared weeks later with legal counsel after reviewing body cam footage. On redirect, he claimed he believed he was being “ambushed.” On recross, defense established he had already drawn his weapon before seeing the second individual with the rifle. Judge interrupted recross when Gross was stumbling and contradicting himself. Gross said it did not seem like a planned attack.
  • Sgt. Cindy Hart/Warren (Witness #2), a former PDC sergeant of ~9 years (recently left LaSalle), testified she went outside to investigate noise, told people to leave, and saw virtually nothing — no one trying to get into the facility, no firearms, no fireworks, no threats. She could not identify anyone. She heard gunfire, dropped to the ground, and crawled back inside. On cross, she confirmed the first gun she saw belonged to Lt. Gross. Defense established she saw no one breach the fence, bang on doors, break windows, spray paint, or slash tires.
  • Medical records referenced for Lt. Gross have not been provided to the defense.
  • Judge instructed all parties to refer to Meagan Morris and Autumn Hill by their preferred names and pronouns, or at minimum use both names — a notable small win.
  • No trial next Monday — judge has other obligations.
  • Next court date: 9:00 AM, February 25, 2026 (Tuesday).

Narrative Summary

Pre-Trial Matters (8:37 AM – ~9:25 AM)

Judge Pittman entered at 8:37 AM and inspected attorneys’ clothing. He opened with a quote: “You cannot be disciplined in great things and not in small things.” He expressed satisfaction with jury selection and addressed two unplanned livestream outages from the prior day (totaling about 15 minutes out of 8 hours of livestream).

The judge explained his reasons for moving the trial to a smaller courtroom: he felt uncomfortable in the larger room, believed the mistrial (caused by Ms. Clayton’s shirt) could have been avoided in the smaller space, and cited convenience for the jury and better acoustics. He emphasized: “Because of the mistrial, trial was delayed a week.” He noted the court never intended to livestream the trial but took the “extraordinary measure for the first time ever to broadcast the voir dire in Dallas,” more than doubling public seating. He called accusations that the court was limiting public access “pure sophistry.”

Key quote (J): “Not up to me to prioritize and juggle family, press, sketch artists, folks just watching.”

The judge asked whether attorneys had demonstratives for opening statements. The prosecution disclosed a PowerPoint that had not been shown to the defense. The judge directed the prosecution to show it. No defense team had a demonstrative.

Attorney Cofer raised that one-third of the gallery had been cleared for law enforcement. The judge approved the law enforcement seating. Autumn Hill’s wife, Lydia, had been displaced; a journalist voluntarily gave up a seat so she could attend. The judge repeatedly implored the gallery to prioritize family members. At 9:12 AM, bailiffs opened additional seating.

Song/Hayes Motion on Pre-Sentence Reports

The government was late providing information related to pre-sentence reports. The judge entered an order requiring communication on the matter. Probation will make the reports available for inspection.

Jury Enters / Arraignment (9:25 AM – 10:08 AM)

The jury entered at 9:25 AM. The judge again warned the gallery: no disruptions, facial expressions, or communication, or individuals would be removed for the day. He threatened contempt for any phone going off.

The indictment was read to the jury. Note-takers observed juror reactions: one gray-bearded man (second from right, front row) nodded at the mention of binary trigger guns, suggesting familiarity; a curly-haired juror (third from left, back row) periodically looked up to track which defendant was which.

At approximately 10:06 AM, all defendants individually pled not guilty.

A 15–20 minute jury break followed at 10:08 AM. Jurors returned their copies of the indictment.

Witness Sequestration

The judge confirmed witnesses would be sequestered. Additional witnesses not present the day before were sworn in, including Maria Garcia (Maricela Rueda’s sister). The judge warned that any further witnesses who enter the courtroom would not be permitted to testify.

Prosecution PowerPoint Objections (~10:10 AM – 11:10 AM)

Defense attorneys raised numerous objections to the prosecution’s opening statement PowerPoint:

Des’s attorney (Weinbel) objected to the PowerPoint generally and to specific slides:

  • Slide 21: “They also hate police and ICE” — inference/opinion, not evidence
  • Slides 2–3: Driver’s license photos
  • Slide 8: “Maliciously shooting fireworks” — “maliciously” is opinion
  • Slide 29: Text messages that may not be admitted, premature for opening

Autumn Hill’s attorneys (Cofer/Luster) objected to the slideshow generally and asked it be made part of the record:

  • Slide 18: Judge initially said it should be eliminated
  • Slides 19 & 20: Argumentative
  • Slide 26 (or 25): Venn diagram — argumentative, not just evidence
  • Slides 29, 30, 32, 33: Would need limiting instructions

Liz Soto’s attorneys (Burns) raised First Amendment objections to slides 20, 21, 31, 32, 33.

Prosecution (Smith) responded that PowerPoints are routine, the slideshow mirrors the indictment, and the images were seized as evidence (slide 18 from Savanna Batten’s phone, slide 21 photo from Rueda’s backpack). Cited case law supporting demonstratives (U.S. v. Taylor 2000, Alvarez v. McCarthy). Argued “malicious” is in the statute and must be proved.

Federal Public Defender noted a standing objection under Rule 403 (more prejudicial than probative). Judge indicated he was likely to overrule.

Judge’s initial (tentative) rulings:

  • Slide 8: Remove “maliciously”
  • Slide 11: Remove “vandalizing”
  • Slide 18 (“Why Riot?”): Can stay — it is evidence
  • Slide 19: Remove “peaceful” from “peaceful protest”
  • Slides 20/21: Taken under advisement
  • Slide 25/26 (Venn Diagram): Taken under advisement
  • First Amendment objections: Overruled

After the break, the judge delivered final rulings at ~11:10 AM:

  • Demonstrative PowerPoints in opening statements are allowed (citing Alvarez v. McCarthy 1935, federal law)
  • First Amendment objections: Overruled
  • Slide 8: Remove “maliciously” — Sustained
  • Slide 11: Remove “vandalizing” — Sustained
  • Slide 18 (“Why Riot?”): Overruled — evidence, stays in
  • Slide 20: Remove the word “because”
  • Slide 21: Remove “They also hate police and ICE” — Sustained
  • Slide 25 (Venn Diagram): Sustained on Rule 403 grounds — removed (okay for closing, not opening)
  • Slides 28/29 (Signal chat screenshots): Allowed to stay, no limiting instruction; judge will read standard instruction that opening statements are not evidence
  • Slides 30/31: Specific to Sanchez Estrada — allowed to stay as evidence, overruled

Opening Statements (~11:24 AM – ~1:00 PM)

Jury returned at 11:24 AM. Judge instructed the jury that opening statements are not evidence. Prosecution was given 30 minutes (with 10-minute warning). Each defense attorney was given 8 minutes (with 1-minute warning).

Prosecution Opening (AUSA Shawn Smith, ~30 minutes)

The prosecution opened with: “Get to the rifles” — what Song allegedly yelled before shooting at officers 11 times at approximately 11:00 PM on July 4, 2025.

Key points of the prosecution’s narrative:

  • Song shot Lt. Gross with a binary trigger AR-15. Gross was hit in the shoulder/neck. Gross was called on a 911 call and shot as soon as he arrived. He returned fire 3 times with his Glock.
  • Song confessed to three people (Sharp, Thomas, B. Kent) who helped him escape. Song hid for 11 days (Note-taker A says 11 days; Note-taker JK says “24 hours” then “11 days” — Song hid in woods initially, then was on the run for 11 days total). DNA and fingerprint evidence links Song to the firearm.
  • No armed security or patrol at Prairieland on July 4. The facility houses approximately 1,000 detainees. Correction officers were unarmed.
  • All defendants except Des Sanchez Estrada were at the scene.
  • Prosecution identified defendant “sub-cells”: Song’s affinity group = Meagan Morris and Autumn Hill; Ines Soto, Liz Soto, and Savanna Batten = another sub-cell (arrived ~20 minutes after the others); Maricela Rueda and Zachary Evetts = another sub-cell.
  • Defendants shot fireworks in the air and toward the facility for about 30 minutes until correction officers came out and told them to leave.
  • Everyone wore black bloc — “impossible to tell who was doing what. Creates anonymity.”
  • Cooperator Baumann will testify he did all the graffiti. Prosecution claims Evetts slashed tires and destroyed a camera.
  • Defendants brought at least 10 first aid kits with equipment to address gunshot wounds (tourniquets — “IFAKs”).
  • In addition to Song’s AR-15, there was a second AR-15.
  • All had cell phones but signals were off — some phones turned off, some left at home, others in Faraday bags. They had walkie-talkies.
  • Morris was arrested fleeing the scene 8 minutes after the shooting in a minivan containing 2 ARs within reaching distance, 5 additional magazines, and body armor.
  • Two groups of cooperators: (1) those who helped Song escape, and (2) two on the scene (Seth Sikes had a gun; Baumann did spray paint).
  • “Why Riot?” — There was a daytime protest at the facility; Maricela Rueda and Evetts used it for reconnaissance, reporting back on Signal about the landscape. The daytime protest organizer will testify it was peaceful — no black bloc, no guns.
  • Prosecution characterized the group as “Antifa” operating in affinity groups, with Sotos and Savanna running a print shop distributing zines.
  • Key quote (prosecution): “They weren’t there to protest, they were there to make a statement.”
  • In the “4th of July Party” Signal chat (the core chat), when asked about bringing guns, Song said: “I’m not going back to prison, I’m not going to jail, I’m bringing guns.”
  • Prosecution invoked Pinkerton v. United States (1946) liability: was it reasonably foreseeable to Morris, Hill, Rueda, and Evetts that Song would shoot an officer? If so, they are liable for attempted murder.
  • Re: Des Sanchez Estrada — accused of concealing evidence (zines, literature, artwork) and conspiring with his wife (Maricela Rueda) to do so after her arrest.

The judge cut off the AUSA and told him to sit down when his time expired.

Autumn Hill Opening (James Luster, 8 minutes)

Luster delivered what multiple note-takers described as a strong opening. Key points:

  • Urged the jury not to let feelings about trans people or immigrants affect their verdict.
  • Autumn found a community that cared about protest and political ideas. These ideas “might not be normal to us, but they were to them.”
  • Wearing black bloc and leaving phones at home is normal protest practice. Carrying guns was for protection from counter-protesters — cited John Brown Gun Club precedents.
  • “It was supposed to be a LOW RISK NOISE DEMONSTRATION.”
  • On July 3, the group met to plan a peaceful protest. On July 4, Autumn stood near others shooting fireworks, saw prisoners crowding windows and giving thumbs up, felt satisfied, cleaned up trash, and headed home.
  • At home, Autumn heard people were being arrested. Her roommate found her crying — “this wasn’t the plan.”
  • Cast doubt on cooperating witnesses: Baumann spray painted without telling anyone, and his story changes with each government interview because he wants a lenient sentence.
  • Autumn did not damage property and “did not even want to leave trash.”
Zachary Evetts Opening (Patrick McClain, 8 minutes)

Also described as a strong opening by note-takers:

  • Described ~12 people dressed in black at Prairieland, there to bring hope to detainees by shooting fireworks. “It works! They got hope.”
  • Rueda yelled “Esperanza” — “hope” — on a megaphone: “You are not forgotten.”
  • COs told them to leave, which they did, as police swarmed. Then a gunshot.
  • Had Evetts stand: “We stand with Zachary Evetts.” Urged jury to treat each defendant as a separate individual.
  • Goal of July 4 was to declare to detainees “You are not forgotten.” No plan to riot, no discussion of violence.
  • Evetts’ primary concern was safety. His texts after the daytime protest were about how to avoid accidentally trespassing.
  • Evetts is a Texan and a mechanical engineer. He had 2 firearms locked in his car, which was parked 5 football fields (~500 yards) away.
  • Wore black bloc for safety — same reason police cover their identity. No armor, no gun on his person.
  • Evetts was not in the chat where Song talked about bringing a gun.
  • No one in the group uses the term “Antifa.”
  • No evidence Evetts planned to commit a crime.
Benjamin “Champagne” Song Opening (Phillip Hayes)

Song’s attorneys reserved their time.

Savanna Batten Opening (Chris Tolbert, 8 minutes)

Described as a good opening:

  • “In America we don’t prosecute our citizens for their political beliefs or exercising those beliefs.”
  • Had Savanna stand. Asked jury to analyze Savanna as an individual — “a trial within a trial.”
  • On July 4, Savanna was there for a peaceful noise demonstration to give hope to detainees.
  • Savanna did NOT: bring firearms, fireworks, or knives; wear armor; vandalize anything.
  • Savanna was NOT at the July 3 meeting (which the government calls “gear check”).
  • Savanna was NOT in the Signal group chat.
  • Savanna arrived 15–20 minutes late to the scene, so was not part of any on-site planning meeting.
  • Government’s theory: the Emma Goldman Book Club was a recruiting ground for Antifa. Defense: “It was just a book club.” Government cannot produce a single witness who can say Savanna recruited anyone to Antifa.
  • Savanna was wearing black clothes she wore to work at Panera Bread that day. Had a first aid kit, common among protesters.
  • Savanna was a backseat passenger in the Sotos’ car. When the officer told people to leave, Savanna left.
Meagan Morris Opening (J. Warren St. John, 8 minutes)

Note-takers described this as a “fine” opening:

  • Had Meagan stand: “We proudly represent her.”
  • Discussed the role of the jury — determine truth, control outcome. Must be unanimous; don’t be swayed.
  • “My client identifies as a woman. I am a right guy (not left), and that doesn’t bother me.”
  • Meagan drove folks in her van to Prairieland. She never exited her van. Could not have shot fireworks, spray painted, or slashed tires from inside the van.
  • “She didn’t get out of the van 1 time!”
  • “I started as law enforcement, so I’m sorry one got shot, but it wasn’t her — she was in the van.”
  • “Leave politics at the door.”

12:23 PM — 10-minute break. Judge instructed everyone to refer to Meagan and Autumn by their preferred names, or at least use both names.

Maricela Rueda Opening (MarQuetta Clayton, 8 minutes)
  • Must treat defendants individually.
  • Maricela participated in a noise demonstration. The call for protest was not a call for violence — no evidence of that.
  • Maricela is afraid of guns — this matters because the government has to prove she planned for guns.
  • Maricela was not at the July 3 “gear check.”
  • She didn’t know people were spray painting. When told to leave, she left. She ran and was gone before the shooting even happened.
  • No proof Maricela planned for violence.
  • Government will suggest Maricela told her husband to hide or destroy evidence — defense says this didn’t happen. The phone calls show a panicked woman asking her family to take care of her animals and house.
Elizabeth Soto Opening (Harmony Schuerman, under 8 minutes)
  • “I will keep this as short as my client’s involvement in this case.”
  • Government interviewed dozens of people, searched all of Liz’s accounts — found nothing tying her to this incident.
  • She was not in the Signal chat.
  • Came late to the protest, left before the gun was shot. She didn’t do anything.
  • Government will attack her character because that’s all they have.
Ines Soto Opening (Leigh Davis, 8 minutes)
  • 9 defendants, 12 charges. Ines charged with counts 1, 2, 3, 4.
  • Arrived late, participated in noise demonstration, left when asked.
  • Not on trial for anarchist beliefs or supporting immigrant rights.
  • They were in the process of leaving when the shooting occurred.
  • As they were leaving, others engaged in violence — violence they had no part in planning.
Daniel “Des” Sanchez Estrada Opening (Weinbel, 8 minutes)
  • “You won’t hear about Mr. Sanchez for most of the trial. He wasn’t there.”
  • Conceal documents? The evidence is 2 phone calls — one from Maricela to her mom in Spanish, one from Maricela to Des. She was panicked because she’d been arrested. “Take care of family, clothes, take care of my house.”
  • Law enforcement imagined criminal activity — thought Des had bombs. He was seen moving boxes, but the government didn’t see what was inside. After raiding the house, the government found the box contained zines, literature, and artwork.
  • “In haste to investigate this case, the government imagined these charges.”

Government’s Case-in-Chief: Testimony (~1:45 PM onward)

Witness #1: Lt. Thomas Gross (Alvarado PD)

Direct Examination (Prosecution):

Lt. Gross has been with Alvarado PD since 2015 and oversees the patrol division. On July 4, 2025, there were approximately 3 other patrol officers on duty plus 1 in field training. Prairieland Detention Center is within Alvarado city limits; Alvarado PD responds to internal incidents there. There was no external security at Prairieland on July 4.

Gross was dispatched to PDC at approximately 22:58 (10:58 PM). He overheard on the 911 call that people were trying to get in. He assumed it was a disgruntled family member. He drove a marked Ford Explorer, turning on lights and sirens from about 2 miles away — this activated his dash cam and body cam.

Exhibit 2 (Dash cam video): Showed Gross approaching Prairieland on Sunflower Lane. Upon arriving, he saw individuals dressed in all black, graffiti on the guard shack, and a damaged stop sign. A guard was chasing a person in black.

Exhibit 3 (Body cam video with audio): Gross exited his vehicle, yelled “Stop!” at a person running away in all black. He could not identify any features. He pursued the runner. He then saw another person in black tactical gear with what appeared to be a green ski mask, holding a rifle. He was struck in the shoulder with an exit wound through the back of his neck.

Key testimony: The rifle fired at a “very fast rate” — consistent with a binary trigger. He fell to the ground, knew he was shot, got back up to a firing position on one knee, and fired 3 rounds from his 9mm Glock at a black silhouette until he lost visual contact. There was a second short volley of fire; he took cover behind a tree. He saw 3 individuals going down Tanglewood.

The fire marshal arrived next. Gross stayed low, dragging himself on the ground, spine and back tingling — worried about paralysis. He was placed in the marshal’s truck, then an ambulance took him to a grocery store parking lot where he was airlifted to Harris Hospital in Fort Worth. He was administered pain medicine, received an MRI, and was conscious throughout.

The gunshot missed all vital organs — it was a skin and muscle wound only, treated with sutures. He was in the hospital approximately 3–4 hours (Note-taker AC says “23 hours” — discrepancy among notes, though most note-takers record a shorter stay).

Exhibit 4: Photos of entry and exit wounds on skin and on his uniform shirt.

Gross testified he thinks about the incident every day.

Note: Gross’s medical records have not been provided to the defense.

Cross-Examination by Hayes (Song):

  • Hospital stay was relatively brief; wounds were sutured; no vital organs hit.
  • From yelling “Stop” to being shot: approximately 10–11 seconds.
  • Gross drew his weapon and aimed it at the person running away before seeing the second individual with the rifle. The person running was the first person he engaged.
  • Key exchange: Defense established that the only offense Gross observed was “criminal mischief” — graffiti. Defense asked whether that warranted drawing a weapon. Gross acknowledged he made “split-second decisions without fully being able to evaluate the scene.”
  • The individual with the rifle “was not hiding” — was standing in the roadway.
  • The individual shot first, but Lt. Gross was first to draw his weapon.
  • Written statement was provided weeks after the incident. Legal counsel helped prepare the statement. Gross reviewed body cam footage with his lawyer before writing the statement. Changes were made based on counsel’s advice.
  • Gross does not know where his 3 shots went.
  • He did not speak with detention officers. The shooter did not speak to him.

Cross-Examination by Clayton (Rueda):

  • Conditions were drizzly. It was Gross’s first time at Prairieland that night.
  • Everyone had dispersed before he arrived. He did not see a coordinated attack — “Well, I got shot.”
  • He did not see 9 other people. Could not identify Maricela Rueda or testify she was present.
  • Saw two people running but could not determine gender — had previously referred to them as “him.”
  • No personal knowledge of plans, social media flyers, or who was there.

Cross-Examination by Burns (Liz Soto): No substantive questions; received nothing connecting Liz Soto.

Cross-Examination (unidentified attorney):

  • Gross is trained not to pull his weapon unless he has to, and when he does, he pulls it to shoot.
  • “Tactical gear” described as: long sleeves, black pants, face coverings.

Cross-Examination by Bouffard (Evetts):

  • Certified Master Peace Officer (highest qualification in Texas).
  • Oversees patrol division but does not typically do patrol himself.
  • Did not have a lapel mic. Pistol light was manually turned on.
  • Doesn’t recall when his shift started that night — was covering for someone as an extra on July 4.
  • Trained on tunnel vision — this incident could have caused tunnel vision; he only had eyes on one person.
  • Glock was fully loaded: 17 rounds (16 in magazine, 1 in chamber).

Cross-Examination by Tolbert (Batten):

  • 911 call said someone was trying to get into PDC. Gross was 1–2 miles away, about 1 minute out.
  • He did not see anyone trying to break in.
  • Saw 2–3 people in black and the guard. “It was all moving so fast.”
  • 9 people are on trial — he cannot identify which, if any, of the defendants were among the people he saw.

Prosecution Redirect:

  • Gross testified he saw “an individual who is not going to go to jail,” wearing black bloc, graffiti on the guard shack reading “Fuck ICE” and “Stop ICE.”
  • “I believe I was getting ambushed.” He had responded to Prairieland for 911 calls before.

Recross by Hayes (Song) — allowed given magnitude of case:

  • Gross said it was an ambush, but he had already drawn his weapon before seeing the second person.
  • He is now unsure whether he pointed his weapon (before the shooting).
  • Defense noted a lawful order to stop was given but the person did not stop.
  • Judge interrupted the lawyer’s questions when Lt. Gross was clearly stumbling and contradicting himself.

Note-taker sidebar: Gross may have previously told attorney MarQuetta Clayton that he had never been to Prairieland before — contradicting his redirect testimony.

Lt. Gross was dismissed subject to recall and remains sequestered.

15-minute break at ~3:05 PM. Judge announced: No trial next Monday.

Witness #2: Sgt. Cindy Hart/Warren (Former PDC Sergeant)

Note: Name recorded variously as “Cindy Warren,” “Cindy Hart,” or “Cindy Har” across note-takers.

Direct Examination (Prosecution):

Former sergeant at Prairieland Detention Center, employed for approximately 9 years (recently left LaSalle, the private contractor, just weeks ago in 2026 — currently looking for work). PDC is an ICE immigration detention center housing approximately 809 detainees in 13 dorms (housing 36–106 people each), with bunk beds, showers, recreation, and 3 meals a day. Detainees are held 180 days to 2–3 years.

On July 4, she worked the night shift (6 PM–6 AM). She wore khaki pants and a black shirt, no body armor. The facility was short-staffed: approximately 20 officers working (of a normal 26 per shift). There was no exterior security on July 4 due to understaffing. Officers are paid by LaSalle (private contractor out of Louisiana).

Exhibit 13 (North-facing CCTV, ~10:45 PM): Showed exterior perimeter with razor wire fence.

Her lieutenant asked her to go outside with Officer Reedie/Readie to investigate noises. Some people were speaking Spanish, some were saying “You should be ashamed of yourself.” She could hear them but could not see anyone — estimated about 4 people near the fence. She told them to leave because it was private property. She was nervous — “this has never happened before.”

She noticed activity in the front parking lot. She radioed control, thinking she heard gunshots/popping. She called for Alvarado PD.

Exhibit 14 (South-facing CCTV): Showed 3–4 people in black in the tree line, but the sergeant could not see them that night. Conditions were misty/drizzly.

Exhibit 10 (Parking lot camera): She could only see a large light. She saw 2 tall individuals in all black in the parking lot. She was scared. She and Reedie approached the 2 individuals; the individuals ran away/around her without saying anything.

Exhibit 11 (Open parking lot camera): Showed 2 people walking in the parking lot.

She started hearing sirens. Reedie told the arriving APD officer the individuals “are right there.” Then she heard rapid fire — she thought it was 20–30 AR-15 gunshots and believed there were multiple shooters because of echoing. She heard the officer grunt (“ugh”). She hit the ground, terrified, turned off her radio, thought she would be shot in the back. She crawled to the wall. Reedie ran back to the building.

Emotional impact: She took time off work, couldn’t sleep.

Cross-Examination by Clayton (Rueda):

  • No longer works at LaSalle — left a few weeks ago in 2026.
  • Went outside and did not see anyone trying to get into the facility — only saw people on the other side of the fence.
  • She had to pass through two gates to reach where the people were.
  • She didn’t see anyone, see any firearms, or hear any threats.
  • She didn’t see any fireworks.
  • She heard a female voice speaking in Spanish.
  • Distance from fences to treeline: over 50 yards (confirmed via Exhibits 29E and 29G, showing barbed wire fence area and treeline).
  • The individuals in the parking lot ran around her, not toward her, and she did not think they had guns.
  • Approximately 10 minutes passed between being told to leave and Alvarado PD arriving.
  • The individuals in the parking lot were not the same as the individuals by the fence.

Cross-Examination by Luster (Hill):

  • Exhibit 14 showed police lights (red and blue) visible 18 minutes before the Lt. Gross shooting — a cop car appeared and turned around before Gross arrived.
  • Nobody did anything to her. She heard popping in the parking lot much earlier than the shooting.

Cross-Examination by Evetts’ Attorney:

  • She did not see anyone reach or approach the fence, bang on doors, break windows, spray paint, or slash tires.

Cross-Examination by Hayes (Song):

  • She testified she didn’t see Lt. Gross pull his weapon.
  • She had given 2 prior statements (July and September).
  • After reviewing her statement: she recalled seeing the officer stop, draw his weapon, and chase the runner.
  • The first gun she saw belonged to Lt. Gross.
  • Asked about conditions at Prairieland: How are there kids there? How many people died there last year? Are you aware of Maria Garcia, who had to be evacuated for malnutrition? (USA objected on relevance — sustained on the death question.)

Cross-Examination by Ines Soto’s Attorney:

  • She mentioned “AK” in her statement. No one told her what type of weapon it was.
  • She used AK-47 and AR-15 interchangeably — she is not a gun expert.

Prosecution Redirect:

  • She did not think the facility was under attack.
  • She thought the person was shooting at Reedie, the cop, and herself.
  • She did not think the people were hiding, but she could not see them because of the black clothing.

Sgt. Hart/Warren was dismissed subject to recall and remains sequestered.

Court adjourned at approximately 4:30 PM.

Jury Observations

  • One gray-bearded juror (second from right, front row) nodded at the mention of binary trigger guns during the reading of the indictment, suggesting familiarity with firearms.
  • A curly-haired juror (third from left, back row) periodically looked up from the indictment to track which defendant was which, then stopped reading along and looked around.
  • All other jurors appeared to read along diligently.

Incidents and Atmosphere

  • Gallery seating dispute: The right side of the gallery was emptied for law enforcement, despite two full rows being open elsewhere. Autumn Hill’s wife was displaced. A journalist voluntarily gave up a seat. The judge later had bailiffs open additional seating at 9:12 AM.
  • Simulcast limitations: Observers watching from the Dallas simulcast courtroom could not see the exhibits shown to the jury and attorneys. Multiple note-takers flagged this.
  • Judge chastised Cofer for making faces during the PowerPoint discussion.
  • Judge warned the gallery repeatedly about facial expressions and disruptions, likening the courtroom to “a laboratory.”
  • The judge instructed all parties to use Meagan Morris’s and Autumn Hill’s preferred names and pronouns.
  • Note-takers observed the prosecution identified Meagan and Autumn by their previous names during the indictment reading.
  • Law enforcement presence was notable — an entire section of the gallery was reserved for them, reducing public seating.

Section 2: Full Notes

Note-Taker JM — AM Shift

JM AM

Trial Day 2 2/24 AM

-Made right side empty for law enforcement even though there are two whole rows open, still, after the people were made to leave.

-Judge enters 8:37 inspects attorneys clothing

  • Judge quotes, “You cannot be disciplined in great things & not in small things.” -Thinks jury selection went well -Addresses unplanned Livestream outages (says 15 min of outages) -15 min vs. 8 hrs of livestream

Moved courtroom because: -Felt uncomfortable -Says in the big courtroom he couldn’t see Ms. Clayton’s shirt – had it been in the small room first, there wouldn’t have been a mistrial -smaller room more convenient for jury -Easier to hear in here

“Because of the mistrial, trial was delayed a week.” -Court never intended to livestream trial -“I took the extraordinary measure for the first time ever to broadcast the voir dire in Dallas.” -This doubled the public’s seats. -Any accusations that the court is trying to limit public access is pure sophistry. -Our resources are limited -Judge says a third of the courtroom is free – but the police made that third be emptied for law enforcement!

-If you’re watching from simulcast, there will be times when we have to go off the record. -We were one of the only divisions that did not shut down court during COVID -Moved to this court room for safety concerns -“Not up to me to prioritize and juggle family, press, sketch artists, folks just watching.” -Ultimate goal is getting the jury the evidence they need to make their decision.

Do any attorneys have demonstrations for opening arguments? -State has a PowerPoint, has not shown to defense. Directed to show PowerPoint. -Judge chastises Coffer for making faces -No one from defense has a PowerPoint or demonstrative.

Coffer brings up that the 1/3 of the gallery was open -Judge approves of that section being law enforcement. -Who will give up space for Autumn Hill’s wife who was kicked out for law enforcement? -A journalist leaves for AH’s wife to trade places.

Song/Hayes Motion -Government is late on providing info; Judge to enter order for communication on pre-sentence report. -Implores observers to prioritize family members again. -9:12 – The bailiffs opened the other side for a few more people.

Jury enters 9:25

-Again encourages gallery to prioritize family attending -Will kick people out for the day if they are disruptive, communicate, or make faces.

READING OF INDICTMENT -Gray beard man knows about binary trigger guns; nodded when that was mentioned in the indictment (second from right on the front) -Curly hair (third from left on the back) looking up from page periodically, seeming to keep track of who is who among the defendants. -Stops reading along eventually, looking around -Everyone else pretty diligently reading along.

Arraignment at 10:06 AM -All defendants plea Not Guilty -Break at 10:08. (15-20 min) – Jury break only -Jurors return copies of indictments.

Judge addresses attorneys: Witnesses to be sequestered -Swear in additional witnesses that weren’t there yesterday -Including Maria Garcia (Maricela Rueda’s sister) -Any further witnesses who enter courtroom will not be permitted to testify

Issues/Objections with Prosecution PowerPoint -Des lawyer objects overall to PowerPoint in general -Slide 21: says defendants “hate police and ICE.” -Slide 2-3: Drivers licenses -Slide 8: “MALICIOUSLY shooting fireworks.” -Slide 29: References text messages that may not be allowed to come in after opening statements, so shouldn’t be allowed in opening.

Coffer Luster (Autumn Hill): -Object to use for slideshow in general -Asks to make it part of the record -Slide 18: Judge thinks should be eliminated -Slide 19 & 20: Argumentative in nature -Slide 26: Venn Diagram that has arguments not just evidence. -Slide 29: Would need a limiting instruction for photo of Signal group chat -Slide 30: Limiting instruction -Slide 32 & 33: May not be admitted; Would need limiting instruction.

Liz Soto Attorney: -Slide 20 & 21: Violate 1st Amendment -Slide 31, 32, 33: Violate 1st Amendment

Prosecution Responds: -PowerPoints are routine now -Judge agrees that demonstrative PowerPoints are allowed, but he has issues with specific slides. -Slideshow mirrors indictment -Slide 18 came from art in Savanna Batten’s phone. -Slide 21 photo taken from Rueda’s backpack. -Slide 21: They hate police; They often say ACAB.

Judge: Can we eliminate improper argument from the PowerPoint. Can there be a limiting instruction?

Prosecution: Says “Malicious” is in the statute, it is what the government has to prove. -Government will delineate that Song was the ONLY SHOOTER that night, but that it was foreseeable to the others that Song would shoot.

Judge: -Take “malicious” out of Slide 8 -18 photo can stay in -Take “peaceful” out of slide 19 (“Peaceful protest”) -11: Take “vandalizing” out -20 & 21: Will take under advisement; read case law on break -25 (26?): Venn Diagram slide will take under advisement -1st Amendment objection around zines photos is overruled -Going to think about “hate police and ICE,” inclined to eliminate it.

Federal Defender: -Notes objection under rule 403 (substantially more probative than prejudicial) -Judge likely to overrule

Back at 11:10

PowerPoint for Opening Ruling: -1st Amendment objections overruled -Gov’t has to remove “maliciously” – slide 8 -Remove “vandalizing” from slide 11 -Slide 18 “Why Riot” does NOT have to be removed -Slide 21 – “Hate police & ICE” needs to be removed -25 Venn Diagram – needs to be removed -28 & 29 signal chats can stay in, no limiting instruction necessary -But judge will tell jury that opening statements are not to be considered evidence -30 & 21 – allowed to stay in PowerPoint

Jury Back 11:24 – Judge says opening statements can’t be considered evidence

PROSECUTION OPENING STATEMENT -“Get to the Rifles” – what Song yelled before he shot at officers 11 times -Shot at Lt. Gross, who shot back 3 times -Gross called by 911, as soon as he got there he was shot -shows pic from CCTV – says you can see Song, Evetts, both in black, and Gross -Song told Sharp, Thomas, B Kent that he shot. Those 3 helped Song escape. Hid for 11 days. -Used binary trigger gun, “You will hear on Gross’ body camera the distinct sound of binary trigger gun.” -No armed security or patrol at Prairieland on 7/4/25. Prairieland houses “1,000 aliens” -All in trial except Sanchez-Estrada were involved in attack -Identifies Meagan & Autumn as changing their names -Ines, Liz, Savanna are a separate “sub-cell,” arrived 20 min after the others -Maricela & Evetts are another sub-cell -Autumn & Song escaped. Autumn arrested same day after arriving home; Song on run for 11 days. -Shot fireworks in air, threw at facility & fence line for about 30 min until CO’s came out and told them to leave. -Everyone was wearing black block – impossible to tell who was doing what. -Creates anonymity -We know who was there because many of them were arrested 5 min away after the shooting from Song. -Baumann will testify that he graffiti’d vehicles of government workers & a government transport van. -Claims Evetts slashed tires -Brought at least 10 first aid kits w/ equipment meant to address gunshot wounds -In addition to Song’s AR-15, there was another AR-15. -Everyone had phones but their signals were off. Some turned off, others left at home, others in a bag that hides phone signal -Morris arrested fleeing the scene 8 min after shooting in mini-van

  • 2 ARs in car reaching distant
  • 5 additional mags
  • Body army -2 Groups of cooperators:
  1. Helped Song escape
  2. 2 on scene -Seth Sikes had gun on him -Baumann did spraypaint. -was outsider of the group. Didn’t know the others as much. -Difficult for each to tell what the others did because black block.

“Why Riot?” – Why did they do it? -There was a daytime protest at the facility -Maricela & Evetts used that protest to do reconnaissance, reported back on Signal about the landscape -Organizer of daytime protest will testify, no black block, no guns there, it was peaceful

-“Make America Not Exist Again.” -Abolish the police; Abolish ICE -“We don’t want reform, we want revenge.”

What is Antifa? -means antifascist -operates in smaller cells & subgroups called affinity groups (AG). -Song’s AG is Meagan & Autumn -Sotos & Savanna are headers – have a print shop and share Antifa / anarchist ideas. -Antifa believes in direct action. 7/4 was a direct action. -Prairieland DA was meant to influence US Gov’t. Express anger & frustration at gov’t. -Song sends flier to 100-200 person group chat “Share with trusted individuals.” -Signs said “Fuck your 4th.” -“They weren’t there to protest, they were there to make a statement.”

  • Defendants maliciously used fireworks & explosives to destroy the facility. -Initially thought multiple shooters, but it was just 1 after looking into evidence more. -But Maricela, Morris, Evetts, conspired for the shooting. -Q for jury: Was it reasonably foreseeable those 4 that Song would shoot an officer? -If so, then they are liable for attempted murder

July 4 Party Chat – core chat -Question asked are we bringing guns? -Song: I’m not going back to prison, I’m not going to jail, I’m bringing guns. -Chat knew what Song was going to do.

Des -Concealed evidence -Conspired with his wife to do that -Zine material was important ^to message so that’s why he moved it.

Prosecution cut off

AUTUMN HILL OPENING: -Can’t use feelings on trans people against her, or on immigrants -Autumn found friends who cared about protest & political ideas -These ideas might not be normal to us, but they were to them -Peaceful protests, wear black block or leave phones is normal. -Carried guns in case attacked by counter protestors. -Presence of guns at protest for lawful reasons, including keeping cops backing off. -It was supposed to be a LOW RISK NOISE DEMONSTRATION. -7/3 met to plan, peaceful protest. -On 7/4 Autumn stood near others shooting fireworks

-Saw prisoners crowding and watching and felt satisfied. Cleaned up some of the trash from the fireworks and headed home. -At home, Autumn hears people are getting arrested. -Roommate comes home to find her crying because this wasn’t the plan -Baumann spray painted without telling anyone. -His story changes with each gov’t interview because he wants a lenient sentence.

Evetts Attorney Opening: -This week what will we see? -Prairieland Detention Center -We will see about a dozen people in all black to hide their identities from anyone who might do them harm, for safety -They are there to bring hope to detainees by using fireworks. It works! They got hope -Rueda yells “Esperanza” which means “hope” on megaphone -CO’s tell them to leave, which they do, as police swarm. -Suddenly a gun shot. -Has Evetts stand – & attorneys “We Stand with Zachary Evetts” -Treat each individual defendant as a separate person -Goal of 7/4 was to declare to detainees “You are not forgotten.” -No plan to riot, no discussion of violence -Evetts primary concern was safety. Evetts’ texts after morning protest texts, were about how to make sure you don’t accidentally trespass -Evetts is a Texan, has 2 firearms locked up in his car, which was 5 football fields away -Wore black block for safety. No armor, no gun, covered face for safety like police do. -Evetts not in chat where Song talked about bringing gun -Point was to bring hope. -Plan might have had its flaws, but no intent to attack

Song Attorneys – reserve time

Savanna Batten Opening: -In America we don’t prosecute our citizens for their political beliefs or exercising these beliefs. -Has Savanna stand to introduce -Analyze Savanna within the larger context, as an individual “a trial within a trial.” -7/4 – Savanna was there to peacefully protest. Give hope to detainees.

Savanna didn’t: -Bring firearms, fireworks, or knives -Didn’t wear armor -Didn’t vandalize anything

-Whatever the 7/3 meeting, Savanna Batten wasn’t there. -There was a Signal group chat; Savanna wasn’t in it. -On 7/4 there was a meeting when folks arrived at Prairieland. Savanna didn’t show up until 15-20 min later. -So, why Savanna here? -Gov’t says Emma Goldman Book Club was a recruiting ground for Antifa. -It was just a book club. -Gov’t can’t produce a single witness who can say Savanna recruited anyone to Antifa. -Savanna was wearing black clothes that she wore to work that day. -Black clothes common among protestors, not a crime. -Savanna had a first aid kit, common among protestors. -Went for a noise demonstration, backseat of Sotos car. -When officer told people to leave, Savanna left.

12:23 – 10 min break

Judge instructs everyone to refer to Meagan & Autumn by preferred names, or at least both.

Meagan Morris Opening: -Had her stand, “We proudly represent her.” -What is a role of a jury? -Determine truth -Control outcome of case -My client identifies as a woman. I am a right guy (not left), and that doesn’t bother me. -Government has to prove beyond reasonable doubt -Has to be unanimous. Don’t be swayed by fellow jurors. -Meagan drove folks in her van to Prairieland. -Never exited her van -Can’t do fireworks, spray paint, slash tires -She didn’t get out of the van 1 time! -I started as law enforcement, so I’m sorry one got shot, but it wasn’t her – she was in the van. -She wore black but it wasn’t for safety because she didn’t leave the van. -Leave politics at the door.

Maricela Rueda Opening: -Have to treat defendants differently. -Maricela participated in a noise demo. -Call for protest was not a call for violence, no evidence -Maricela is afraid of guns. That matters because gov’t has to prove she planned guns. -Wasn’t at gear check on 7/3. -Mari didn’t know people were spray painting. -When told to leave, Mari left. -She ran and was gone before the shooting even happened. -No proof Mari planned for violence. -Gov’t will suggest Mari told husband to hide or destroy evidence. -Mari did not do any of the allegations -All she did was participate in a noise demo, to give hope to detainees.

Liz Soto Opening: -I will keep this as short as my client’s involvement in this case -Gov’t interviewed dozens of people, searched all of Liz’s accounts – found nothing tying her to this incident -Came late to protest, left before the gun was shot. She didn’t do anything.

Ines Soto Opening: -Arrived late, noise demo, left -When they left they had been asked to by officials. -When shooting happened they were gone. -Evidence will show arrived late, noise demo, and left. -As they were leaving, others engaged in violence -Violence that they had no part in planning.

Des Opening: -You won’t hear about Mr. Sanchez for most of the trial -He wasn’t there -Conceal documents? Evidence is 2 calls. -In both calls, (Mari & her mom, Mari & Des) she is panicked and because she’s been arrested -Take care of family, clothes, take care of my house -Law enforcement thought Des had bombs, that was imagined. -See Des move boxes, but gov’t didn’t see what it was. After raiding the house, the gov’t finds box and all it has is zines, literature, and artwork. -In haste to investigate this case, the gov’t imagined these charges.


Note-Taker ES — PM Shift (Handwritten Notes Pg 22-33)

ES PM Handwritten Notes Pg 22-33 Day 2 Cont’d

A Harmony for Liz

  • Will keep this as short as my client’s participation in this case
  • Search phones/accounts/and found nothing
  • She was not in Signal chat, she d
  • Gov will attack her character because that’s all the have

Did not use all 8 minutes

A for Ines

  • 9 clients
  • Charged w/ ct 1,2,3,4
  • Arrived late
  • Noise demonstration
  • Left when asked
  • Not on trial for anarchist beliefs, …, supporting immigrant rights
  • They were in the process of leaving when the shooting occurred
  • We believe this govt’s case will leave you with reasonable doubt

A for D Sanchez

  • He wasn’t involved in planning
  • He wasn’t in the chats
  • Two phone calls: One to her mother in Spanish & one to her husband
  • Consider the context – take care of my family, my bunnies, my house
  • Law enforcement imagined criminal activity
  • Arrested while driving
  • Later raid home + find zines
  • Content of the box is their main case & that won’t be enough

LUNCH – Return @ 1:45

Warren St John is in a hearing on the 5th floor and not present in the hearing

State’s first witness – Lt. Gross

  • Since 2015 in Alvarado PD
  • On July 4th
  • 3 officers besides him on patrol, 1 in field training
  • Alvarado PD responds to internal incidents at Prairieland / it’s within their jurisdiction
  • No external security on July 4th
  • He was dispatched to PDC on that night @ 22:58 – asked for extra
  • What were you thinking on your way there? R: maybe a disgruntled family member trying to get in
  • Lights & sirens on from under 2 miles away when dispatched – when lights come on, interior camera & body cameras come on
  • Did body camera & interior cameras show something? Yes
  • Prosecutor shows dash cam video of Lt gross approaching PDC
  • As arriving, Gross saw individuals dressed in all black & graffiti on guard shack & damaged stop sign?
  • Saw guard chasing person in black
  • Exhibit 3: body cam footage w/ audio
  • Gross asked where they were at on the radio
  • In the video: Gross yells stop after seeing someone in all black tactical clothing
  • Sees another person with rifle, hit in shoulder and exit wound is on the back of his night
  • Rifle fired at a very fast rate
  • Exhibit 4: New image very zoomed out. Cannot see people from my seat in the audience.
  • Gross cannot remember where people went during the chaotic moment.
  • He recalls 3 people in black w/ face coverings
  • Fell down to the ground & knew he was shot. Got back up and fired 3 rounds w/ a 9mm Glock at a black silhouette & stopped firing b/c lost visual
  • 2nd round of firing (small amount)
  • Again lost visual/went behind tree
  • Saw 3 individuals going down Tanglewood
  • Fire marshall? Next on scene
  • Stayed low, dragging himself on the ground, spine, back tingling, worried about paralysis
  • Additional responders arrived quickly
  • When Marshall Sharp(?) arrived he asked if he was shot? The Marshall confirmed it. An ambulance starting treating him. Was taken to a grocery store parking lot & air lifted out to Fort Worth hospital (Harris)
  • Administered pain medicine
  • Gunshot missed all vital organs, only gunshot wound through skin & muscle
  • Referenced medical records records have not been provided to the defense
  • Think about it every day – first time shot
  • Exhibit 4: photos of exit & entry wounds on skin & on shirt
  • First interaction: Exiting the vehicle & yelling stop
  • No further questions

Cross-Examination of Lt. Gross by Hayes (?)

  • How long were you in the hospital? 2-3? 3-4 hrs?
  • Were able to suture up these wounds in this time?
  • Shots sound differently
  • Shot hit him within 10-11 seconds
  • Does not know what he’s walking into
  • Arrived, yelled stop, and pulls firearm and pointed it towards person in black running away
  • Split second decisions w/o fully being able to evaluate the scene
  • Fire marshall arrived right after
  • Saw criminal mischief – Does that warrant pulling a weapon?
  • Did you see anyone else?
  • When I got out of my car is when I saw a person in my peripheral standing in the roadway
  • Individual w/rifle was not hiding
  • This individual shot first, but Lt. Gross…
  • How could you have been standing
  • Written statement provided weeks after
  • Legal counsel helped prepare the statement
  • Do you know where your shot went? No
  • Did you speak w detention officers? No
  • Did shooter speak with you that nice? No
  • Do you know where the first shot went? No
  • Attention divided between two
  • Did the view remind you of things that had happen? A little
  • Could you see the body cam video before writing this statement? Yes He saw it alongside his legal

Cross examination by A to Maricela (not Clayton)

  • Describe conditions: drizzly
  • First time at Prairieland that night
  • Everyone had dispersed before you arrive
  • So you didn’t see an attack? Well I got shot
  • Did not see 9 other people
  • Could not identify Maricela
  • Saw two people running (gender unknown) but previously referred to them as “him”
  • No personal knowledge of plans or social media flyer prior
  • Can not personally testify that Maricela was there

Cross examination by A Burns

  • Didn’t receive any

Cross examination by A

  • You are trained not to pull your weapon unless you have to
  • When you pull it, you pull it to kill
  • You said tactical gear. What was it? Long sleeves, black pants, face coverings

Cross examination by A Purcett

  • Certified Master Peace Officer (highest qualification)
  • Is over the patrol division but rarely, does not typically do patrol
  • Did not have lapel
  • Pistol light was on – manually turned on with button
  • Doesn’t know when he started shift that night
  • Planned to help out anywhere since it was 4th of July
  • Trained on tunnel vision
  • This incident could have caused tunnel vision
  • Sitting upright in marshall’s pickup
  • No special precautions taken to protect spin
  • Was your weapon fully loaded? Yes, 17 rounds – 16 in the mag, 1 in the chamber

Cross examination by Tolbert

  • Question re: exhibits 3 & 4
  • 911 call said someone was trying to get into PDC
  • He was 1-2 miles away/ approximately 1 minute away
  • Did you see anyone trying to break in? NO
  • First thing you see is person running wearing black
  • @23:00 on unit report still shot
  • Saw 2 people & the guard
  • Saw 3, I remember I called 3
  • It was all moving so fast
  • There are 9 people on trial today
  • Cannot identify which one/ones

Redirect? w/ prosecutor

  • PDC is a prison
  • One person taking off running & someone in periphery w/ AK
  • “I believe I was getting ambushed”
  • Has responded to 911 calls at PDC

Side note: ambush on responding officer is different than “ambush” on PDC as said in the state’s narrative

Recross by A Hayes

  • You said it was an ambush but you already drew your weapon
  • Now is unsure that he pointed weapon
  • Lawful order to stop & did not stop Judge interrupted lawyer’s questions when Lt. Gross was clearly stumbling & contradicting himself

Side note: *May have told A M Clayton that he had never been to Prairieland before

BREAK

Key Takeaway: Lt. Gross took the stand. He testified that he raised his weapon at a person wearing black running away from PDC**. He did not see anyone attacking or even moving towards PDC. He saw body cam footage with his lawyer before crafting his statement. **A Hayes raised that this did not warrant raising a weapon.

No trial next Monday – he has other obligations

State’s 2nd witness: Cindy Warren?

  • Former sergeant at PDC
  • ICE immigration detention center
  • “Illegals” are detained there from 180 days – 2-3 years
  • 809 ~average #
  • Dorms housing 36-106 people
  • 13 dorms
  • All bunkbeds, showers, 3 meals a day, rec room, outside rec
  • Worked night shift 6pm-6am 5 days a week including July 4th
  • Khaki pants, black shirt?, no body armor
  • Short handed – Lt + 20 officers working that night
  • Payed by LaSalle (private contractor)
  • Exhibit ___: Photo of exterior of PDC w/ one guard pictured
  • Witness cannot recognize if the image is her or another officer (even though they weren’t wearing black)
  • PDC had no exterior security of July 4th due to being shortstaffed
  • Exhibit video ___: She went outside w/ her officer & told protestors to leave because they were on private property
  • Some were speaking Spanish & some were saying “You should be ashamed of yourself”
  • “I couldn’t see anybody” I thought there were 4 people by the fence talking

Side note:* The public audience cannot see the exhibits. They are only directed towards the jury & attorneys.

  • She was nervous because they were there
  • She heard noise in the parking lot so she radioed
  • She thought there were gunshots but she didn’t know
  • She called APD to call 911
  • Exhibit ___: South facing camera / shows 3 people in the treeline?
  • She could not see them that night
  • Misting rain not pouring down
  • Her + Readie + Sgt Cindy went to
  • She didn’t see anyone, she only saw a large light (looker bigger than a flashlight)
  • Readie see someone by the tree but she didn’t know what tree
  • Sees two men coming up the driveway in all black. Prosecutor corrects her & then she corrects herself “two individuals”
  • Feeling scared, nervous, doesn’t know why they’re there. It’s the first time it’s ever happened.
  • She says let’s just get out of the road & let them have the road
  • Exhibit 11: Video of 2 ppl in parking lot
  • Objection – guessing – witness already answered so overruled
  • Exhibit 10: (1:29) – She didn’t know there were people in the distance
  • A few seconds later, person running in black is in frame
  • Sgt & Officer Readie were headed to tell the APD officer what was going on
  • “They’re over there” = Readie
  • She got on the ground, heard the officer being shot “ugh”
  • She thought it was an AR15
  • Roadie took off running
  • She thought there were multiple shooters from different positions. “It was echoing”
  • She laid on the ground & turned off the radio. Thought like she was going to get shot in the back. Crawled. Scared to look.
  • She said he was 1 ft? 50 ft? 60 yards? Away – “I’m not good at distances”
  • How did this affect you emotionally? Took time off work, couldn’t sleep

Cross examination by A M Clayton of witness

  • No longer work at LaSalle. When did you leave? 2026 a few weeks ago
  • What are you doing now? Looking for a job
  • Went outside & did not see anyone trying to get into the facility – only saw people on the other side of the fence
  • She had to pass through two gates to get to where they are
  • She didn’t see anyone, see any firearms, or hear any threats
  • She didn’t see any fireworks
  • She heard a female’s voice speaking in Spanish
  • Distance from fences to the treeline?
    • Exhibits 29E & 6 will be shown to the witness
      • Does it accurately depict the area? On July 4th? Yes
      • Over 50 yards from fences to treeline
  • Ran toward individuals in black in parking lot – she did not think they had guns. They ran away/around her w/o saying anything to her
  • Thinks 10 min passed before Alvarado PD arrived
  • The individuals in the parking lot were not the same as the individuals by the fence

A Luster cross examination

  • Re: Exhibit 14 that faced toward the parking lot @ 18 minute mark
  • Video shows a cop car arriving 18 minutes before Lt Gross & turning around?

Cross examination by A for Evetts

  • Didn’t see anyone reach the fence line, bang on the door, break windows, spray painting, slashing tires

Cross examination by A Hayes

  • Just testified that she didn’t see Lt Gross pull his weapon
  • She had previously given two statements
  • A Hayes shows her her statement & is allowed to let her review it
  • First gun she saw belonged to Lt Gross
  • How long would a normal detainee be there?
  • Company LaSalle
  • How are there kids there?
  • How many people died there last year?
  • Are you aware of Maria Garcia? Who had to be evacuated for malnutrition?
  • Two assault rifled used interchangeably
    • AK47 & AR15
    • She is not a gun expert

Cross examination by Ines lawyer (?)

  • She mentioned AK in the statement
  • Did someone tell her that it was an ___? No

Redirect

  • Do you know was the facility under attack? No
  • Do you think, who did they shoot at?
  • I didn’t think they were hiding.

Dismissed subject to recall

Key takeaway: Sgt who worked at PDC for 8 years and just left that job within the last 6 weeks gave a long drawn out testimony summarized by “I didn’t see anything”


Note-Taker JK — AM Shift

[See JK AM notes — 8 pages covering pre-trial matters, arraignment, PowerPoint objections, and opening statements. Content preserved as received in PDF.]

Day 2

  • Checking lawyers outfits
  • 20 mins before jury – take care of things
  • General Batten famous quote
  • Pleased about jury questions
  • Livestream Dallas -> two unplanned outages -> 15 minutes worth of outages
  • Reason this case changed courtroom, he feels comfortable
  • He feels he could have avoided a mistrial
  • Added convenience for jury
  • More people to fit in the pews
  • Cannot leave when you come back b/c it distracts the jury, want defendants to have a fair trial
  • b/c mistrial -> case delayed, busy courthouse
  • courthouse built in 1935
  • never wanted to broadcast the trial
  • there is an open court in Dallas -> first time ever, to simulcast the entire trail, more than doubling seats available
  • he wants this to be as public as possible
  • court system has limited resources
  • Quotes Abe Lincoln
  • Asks people to come from Dallas b/c 1/3 of courtroom is open
  • Jury strikes is not part of the record so that’s why the cast went out
  • Only division that was open during covid
  • He apologized
  • He sees 20 seats in the pews
  • Never intention to simulcast the whole trial “concerns about activities going on”
  • He doesn’t want to ban anyone from the courthouse
  • Don’t bombard his stuff in the middle of trial
  • He asks for patience b/c this has never been done before in the history of Northern District
  • Does not want another mistrial

[Remainder of JK notes continues through PowerPoint objections, opening statements from all parties, and afternoon testimony — content preserved as received.]


Note-Taker PDC — PM Shift

[See PDC PM notes — covers Lt. Gross testimony and Sgt. Hart/Warren testimony from the afternoon session. Content preserved as received in PDF.]


Note-Taker XJ — PM Shift

[See XJ PM notes — 11 pages covering Lt. Gross testimony and Sgt. Hart/Warren testimony in detail from the afternoon session. Content preserved as received in PDF.]


Note-Taker AC — AM Shift

[See AC AM notes — covers arraignment, PowerPoint objections, opening statements, and beginning of afternoon testimony from the Dallas simulcast. Content preserved as received in PDF.]


Note-Taker AO — Full Day (Dallas Simulcast)

[See AO notes — 4 pages covering indictment reading, opening statements, and partial afternoon testimony from the Dallas simulcast courtroom. Content preserved as received in PDF.]


HQ Takeaways

  1. The judge forced the prosecution to use the correct name and pronouns of all the trans women in the room because he said, “this is gonna continue confuse the jury”. So that’s pretty fucking sick in terms of small wins.
  2. The jury pool is not all old white dudes so that’s good. There’s even one dude that looks a lot like Dez that’s on the jury pool.
  3. The opening arguments from the state were pretty much to be expected. You know, Antifa terror rioters, da-da-da-da-da. Each of the defendants got eight minutes in terms of counter arguments, opening arguments. Some of them took the full eight, some of them were very brief, but each of them were sort of taking on different angles of the prosecution’s argument.

One thing I do think is important to note is that a lot of the defense attorneys are like, this isn’t a trial for everyone, this is a trial of individuals, so y’all are all individuals, y’all need to be thinking of these folks as individuals and the defense is referencing “violence that other defendants did and that my client did not do” in some of those arguments.