February 26: Federal Trial Day 5

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Table of Contents

  • Date: February 26, 2026 (Trial Day 4)
  • Court: U.S. District Court, Fort Worth, TX
  • Case: USA v. Song, Hill, Evetts, Morris, Rueda, Batten, Sotos, Sanchez Estrada
  • Judge: Mark Pittman
  • Proceeding type: Jury trial — Day 4
  • Prosecution: Shawn Smith (PSS/USA)
  • Defendants present: Benjamin “Champagne” Song, Meagan Morris, Autumn Hill, Zachary Evetts, Maricela “Mari” Rueda, Daniel “Des” Sanchez Estrada, Savanna “Vanna” Batten, Liz Soto, Ines Soto
  • Defense attorneys noted as active: Chris Tolbert (Batten), J Warren St John / David Brissette (Morris), Leigh Davis (Ines Soto), Harmony Schuerman / Blake Burns (Liz Soto), Cody Cofer / James Luster (Hill), Patrick McClain / Bradley Sauer / Brian Bouffard (Evetts), Phillip Hayes (Song), MarQuetta Clayton (Rueda), Rachel Taft (Sanchez Estrada)

Key Takeaways

  • Twelve witnesses testified in a single day. The prosecution called Officers Zapata, Solis, and Bell and Sgt. Mellow of Alvarado PD; Corporal Graham, Deputies Parsons and Royer [name unclear from notes], and Detective Riley of Johnson County Sheriff’s Office; Sgt. McDonald of Alvarado PD; Lt. Gates and Detective Spurlock of Ennis PD; and CSI Kim Burris of Johnson County Sheriff’s Office. All were released subject to recall.
  • Judge overruled defense objections to bodycam footage containing officer real-time commentary (e.g., “coordinated terror attack”), ruling the statements were present-sense impressions based on personal knowledge — not inadmissible hearsay or improper opinion.
  • Defense scored significant points on cross-examination, establishing that (1) all detained individuals were walking calmly, not running or hiding; (2) officers repeatedly threatened to shoot compliant, unarmed people; (3) officers acknowledged the 5 walkers were “detained, not arrested” to avoid triggering Miranda, yet searched their backpacks anyway; (4) officers who called this a “terror attack” did not know basic facts — that only one person fired a weapon, that only one person even carried a gun at the facility, and that Prairieland guards were not shot at; (5) no gunshot residue procedures were followed (hands not bagged, firearms placed loosely in vehicles with defendants); and (6) officers had no experience with protests and could not distinguish protest gear from “tactical” equipment.
  • Political sticker admitted over objection. A sticker reading “Make America Not Exist Again” from Rueda’s backpack was admitted after the judge overruled a Rule 403 objection (more prejudicial than probative). The prosecution argued it showed motivation and intent.
  • Prosecution misgendered Meagan Morris during questioning of Detective Riley. Defense objected; objection was sustained.
  • Extensive physical evidence shown to jury, including multiple firearms, body armor, shell casings, IFAKs (first aid kits), walkie talkies, a “Resist Fascism” flag, clothing from all defendants, and graffiti photos. DNA buccal swabs were taken from 14 individuals.
  • Tomorrow’s witnesses will include completion of Burris cross-examination, Texas Rangers Hill and Helton, the jail warden, and FBI agents (evidence and Sanchez-related calls).

Narrative Summary

Pre-Trial Argument (~8:55–9:07 AM)

Before the jury entered, the prosecution flagged bodycam footage in which all five detained individuals say “I do not consent” to a search and Ines Soto tells the group, “Everyone don’t say anything, don’t talk.” Defense counsel for Batten objected, arguing the speakers could not be identified from the video and therefore the statements could not qualify as admissions by a party opponent (an exception to the rule against hearsay). Ines Soto’s attorney objected that Soto’s statement was an invocation of the right to counsel and should be inadmissible. Judge Pittman overruled all objections, characterizing the statements as “standard police work” material. Evetts’ counsel noted the video also showed Evetts invoking his right to counsel at a later point; the prosecution agreed to send only a redacted version (with Evetts’ invocation removed) to the jury. The judge confirmed he expected to see only the redacted version.

Morning Session — Jury Enters (~9:07 AM)

Witness 7: Officer Zapata, Alvarado PD (Direct ~9:07; Cross ~9:30; Redirect/Recross ~10:00)

Officer Zapata testified he was on general patrol the night of July 4, 2025. He received a dispatch for a suspicious person at Prairieland Detention Center, followed shortly by Lt. Gross’s radio call that shots had been fired and Gross had been hit. Zapata was approximately 2–3 miles away. He activated lights, sirens, and cameras and headed to the scene.

Dashcam (Ex. 17) showed Zapata driving east on Tanglewood Drive at approximately 11:03 PM — about three minutes after the shooting. He was the first officer to travel down that road. A state trooper had told him “they went that way,” pointing toward Tanglewood, though the trooper did not specify who — Zapata assumed it was the shooter. Using his spotlight, he searched for someone in black, possibly armed and running. He saw a figure near the intersection of Tanglewood and Burnett about four minutes after the shooting. The dashcam also captured objects near the roadway that Zapata did not notice at the time (the prosecution later identified one as a rifle). He parked to stage his vehicle and cut off traffic.

Zapata testified that because it was the Fourth of July, seeing someone walking late at night was not unusual. The individual was walking calmly toward him, and he initially believed they might be another officer. He described the person’s appearance as “somewhat tactical and in all black.”

Bodycam (Ex. 16), beginning approximately five minutes after the shooting, showed Zapata meeting Sgt. Mellow and Officer Solis. On camera, Zapata says he thought the walkers were officers; Mellow and Solis tell him they are not, and Zapata says they need to stop them. Officers then detain the group. On the video, an officer says “Do not move or you will be shot.” Officers report “We’ve got 5 detained — 3 females, 2 males.” Voices say “I do not consent to a search” multiple times. Officers remove backpacks; someone announces “we have a gun here.” Zapata removed Ines Soto’s backpack and placed him in handcuffs. A trooper searched Soto’s backpack. Officer Bell searched Rueda’s backpack. Zapata explained to Soto that he was being detained, not arrested. On camera, Ines Soto tells the group: “Everyone don’t say anything, don’t talk.”

Zapata initially testified the backpack contained firearms, but after refreshing his memory from his report, confirmed the backpack contained IFAKs (Individual First Aid Kits), not firearms.

Cross-examination by Batten’s attorney (Tolbert): Zapata confirmed that several minutes passed between the initial 911 call and his arrival; that he did not respond to the first 911 call (Lt. Gross did); that the five individuals were walking, not running; that they were on Burnett Street, at the far end of Tanglewood; that they did not try to hide or run; that they had no wagon with them; that they were generally compliant until officers tried to take their backpacks; that only 3 of 5 had backpacks; and that he did not find the shooter among the five that night.

Cross-examination by Morris’s attorney: Questioned Zapata on police training for taking down individuals, use of less-lethal devices (tasers), and protocols for providing cover. Zapata acknowledged the scene was chaotic rather than “textbook.” He admitted nothing caught his attention while driving — he had “tunnel vision,” looking only for someone running with a gun. He agreed that “softer language comes with more years on the force.”

Cross-examination by Hill’s attorney (Cofer/Luster): Established that another arrestee (Nathan Bauman), placed in Zapata’s vehicle, spontaneously began talking and blamed others (“lies” [phonetic — possibly “Lics”]) for vandalism and spray paint. Zapata only recognized objects on his dashcam after the prosecution pointed them out. Zapata conceded his initial impression of “tactical” gear was based on mistaking a backpack for a vest and seeing black boots. He defined truly “tactical” gear as including vests, weapons, gloves, masks, and boots. The five individuals were not masked, and at least one had bare/uncovered arms. Zapata acknowledged he detained — rather than arrested — Soto in order to avoid triggering Miranda rights.

Prosecution redirect: Zapata said he would have liked to carry a rifle because an officer had been shot, citing concern for himself and residents. Dashcam was replayed — Zapata estimated he was driving 10–15 mph. It took approximately one minute of driving before the first person’s silhouette appeared. The dashcam also captured a red minivan leaving the area, which Zapata did not see at the time.

Recross by Batten’s attorney: Confirmed the red minivan was separate from the 5 walkers. The five detained were identified as Ines Soto, Liz Soto, Savanna Batten, Bauman, and one other.

Witness released subject to recall.


Break: ~10:05–10:30 AM


Witness 8: Officer Carmen Solis, Alvarado PD (Direct ~10:30; Cross ~11:00)

Officer Solis testified she currently serves as Executive Assistant to the Alvarado Police Chief and is on leave for an injury. On July 4, 2025, she had been out of the police academy for only 3–4 weeks. She was riding with training officer Sgt. Mellow. Their shift began at 5:30–6:00 PM.

Around 11:00 PM they received a call — Solis described it as a call for fireworks at Prairieland, not an emergency. They headed that direction at normal speed. Then they heard Lt. Gross screaming on the radio about an active shooter — the call became Code 3 (lights and sirens). They were approximately 2 minutes away.

Bodycam (Ex. 19) — played first, showing the drive to the scene. Radio traffic: “3 males, all black” and then Gross’s call of shots fired. Rock music was playing in the car. Solis says “that’s Bell” and they pull over.

Dashcam (Ex. 18) — 11:05 PM. A person walks past their car as they turn onto Burnett. Solis testified she initially thought the five people walking were being ushered away from Prairieland for safety because of their calm demeanor. She then noticed they were all dressed in black with backpacks, which made her suspicious.

Solis testified that she and officers feared the walkers were part of the group that assaulted Gross. Given the 5-to-2 ratio (five walkers, two officers initially), they drew weapons. The individuals became non-compliant when asked to remove their backpacks, saying “I do not consent to a search.” Officers took the backpacks regardless.

Solis searched Batten’s backpack and found a black ski mask and an IFAK (med kit) containing a tourniquet “for massive bleeding,” wound gauze, gloves, and medical-grade tape. She searched another backpack containing more black clothing. Another officer found a broken-down rifle in a backpack. A gun was taken from someone’s waistband without incident.

Physical evidence (Ex. 44): Solis showed the jury the IFAK recovered from the scene — a small red pack containing gloves, wound gauze (“for big holes”), and a tourniquet.

Cross by Sanchez Estrada’s attorney (Taft): Confirmed the IFAK is something you can buy on Amazon.

Cross by Hill’s attorney: Established that on Solis’s bodycam, arrestee Bauman was blaming himself for the graffiti, not blaming others. Bauman mainly spoke with Sgt. Mellow.

IFAK defined: Individual First Aid Kit — the judge asked for clarification.

Witness released subject to recall.


Witness 9: Sgt. Daniel Mellow, Alvarado PD (Direct ~11:06–11:10; Cross ~11:16)

Sgt. Mellow supervised the night shift (Delta shift) with three officers plus trainee Solis. He testified the department was “getting beaten with fireworks calls” all night — “fireworks city” — with many false reports of gunshots. Around 11:00 PM they received a call about someone trying to break into Prairieland. Mellow noted the department responds to Prairieland about twice a month and calls usually “tend to be nothing.”

Bodycam (Ex. 20) showed Mellow asking who the walkers were and directing Officer Bell to stop them. Zapata appeared to be pushing people down Tanglewood. No one was visible in parked vehicles. Bodycam captured officers searching backpacks — one contained four first aid kits.

Cross by Morris’s attorney (St John/Brissette): Pressed on the legality of the backpack searches. Mellow agreed the five were detained, not arrested. When asked what policy allowed searching backpacks of detained (not arrested) individuals, Mellow cited “officer safety.” Defense counsel pointed out that once the backpacks were separated from the individuals, there was no further danger, so the justification for searching them was gone. When asked directly, “So you illegally searched the bags?” — Mellow responded: “No, other officers searched the bags.” [Note: Multiple note-takers captured this exchange.]

Cross by Hill’s attorney: Mellow confirmed he made zero riot arrests and zero arrests for possession of explosives that night.

Prosecution redirect: Cited exigent circumstances — Gross had just been shot and the individuals “were not cooperating under any measure.”

Witness released subject to recall.


Witness 10: Officer Darius Bell, Alvarado PD (Direct ~11:20–11:24; Cross ~11:35)

Officer Bell, with 1.5 years on the force, was the officer who first stopped the five walkers. He was at the QuikTrip when the call came in — initial call was people with flashlights trying to enter Prairieland, which didn’t seem significant. Then came the shots-fired call, and multiple officers responded within 3–5 minutes.

Bodycam (Ex. 21): Bell discussed setting up a perimeter with Mellow and Solis. He spotted the walkers coming around the corner and called out to them.

On video: “Come here, hey, come here, let me talk to you. So, what’s going on? Where y’all coming from?” — Male voice: “Just walking.” Bell: “You said just walking? From where?” — No answer. Bell: “Don’t nobody reach for nothing. Sit down. Do not reach for your pocket! I will pop your ass today, do not even fucking play with me.”

Bell testified he was aggressive because the walkers gave suspicious answers, had not been searched, were all in black, and an officer had been shot.

Cross by Liz Soto’s attorney (Schuerman/Burns): This was one of the most effective cross-examinations of the day, per multiple note-takers. Counsel established:

  • The five individuals did not threaten, ambush, or attack Bell — and could have if they wanted to, since Bell was not initially paying attention to them.
  • At least three were wearing blue jeans and none had face coverings.
  • They stopped when told to stop (with some hesitation).
  • Ines Soto asked permission to sit on concrete instead of wet grass. In response, Bell threatened to shoot him: “I will pop your ass.” Another officer also threatened: “Do not move, or you will be shot.”
  • Bell acknowledged people have the right to protest at night, to wear black, and to wear masks.
  • When the individuals invoked their Fourth Amendment right against unreasonable search, Bell responded: “We’re not doing that today.” He then ordered: “Take off your goddamn backpack.”
  • Bell did not perform gunshot residue tests. He disarmed Sykes and placed the gun loosely on the front seat of the patrol car. Multiple defendants were then moved through the same car — hands unbagged — contaminating any potential residue evidence.

Defense counsel asked: “Can you see why protesters might worry about being shot by the police?” Bell responded: “No.”

One attorney asked: “What days of the week does the Constitution apply to protesters?” — This was stricken from the record by the judge, who then asked Bell directly: “Does the Fourth Amendment apply to everyone regardless of color?” Bell: “Yes.” Judge: “Okay — move along.”

Cross by Hill’s attorney: Bell confirmed he went to Dallas the following day to pick up Autumn Hill and transport her to Alvarado.

Prosecution redirect: Bell said he had never been called to a protest or attended one. He described this as the biggest criminal investigation he had experienced. He characterized the situation as exigent circumstances.

Witness dismissed subject to recall.


Lunch Break: ~11:48 AM – 12:35 PM


Pre-Afternoon Ruling on Video Objections

Before the afternoon session, Autumn Hill’s attorney raised Rule 701 and 704 objections to bodycam footage (Exhibits 22–25) in which officers talk among themselves, offering opinions such as “this is a full terror attack.” Defense argued these opinions improperly address the ultimate issue the jury should decide.

The prosecution argued the statements were real-time reactions based on personal knowledge, not legal conclusions.

Judge Pittman overruled the objections, finding the statements were: (1) officer real-time commentary, not hearsay; (2) rational reactions based on personal knowledge and experience; and (3) present-sense impressions qualifying under the residual hearsay exception. Hill’s counsel confirmed the judge had reviewed the specific video at issue.


Afternoon Session (~12:43 PM)

Witness 11: Corporal Graham, Johnson County Sheriff’s Office (Direct ~12:45; No Cross)

Corporal Graham served on the Special Response Team (described as “a mini SWAT team”) with four members on duty July 4. He was at the Alvarado QuikTrip with Officer Bell, approximately 1.5 miles from Prairieland.

Bodycam (Ex. 15): Graham arrived on scene at 11:02 PM and went directly to Lt. Gross, who told him where suspects went. Graham could see an entry wound above Gross’s vest. He assumed command and directed officers to set up a perimeter.

At 3 minutes 46 seconds after arriving, Graham saw someone lying in the grass wearing all black — he could not initially tell their gender. He approached with weapon drawn: “Show me your fucking hands.” The person was Joy Gibson. She had a knife but no gun. She was wearing a black beanie, ear muffs (like those used at a shooting range), and had a walkie talkie with an earpiece.

After Gibson was in custody, officers found rifle casings near where she had been. Graham then saw a red minivan leaving the area — approximately 8–9 minutes after the shooting — with the driver dressed in all black. Graham put out a radio call that everyone leaving the area needed to be stopped. He noted there is only one way in and out of the neighborhood.

Map (Ex. 60): Graham pointed to locations on an aerial view of the area.

No cross-examination. Witness released subject to recall.


Witness 12: Deputy Parsons, Johnson County Sheriff’s Office (Direct ~1:13; Cross ~1:42)

Deputy Parsons, four years as a deputy (with prior experience as a Frisco police officer and corrections officer), was outside Alvarado city limits answering fireworks calls when he received a call to assist with an officer-involved shooting. Detective Riley had already stopped a red minivan and requested backup.

Bodycam (Ex. 23): Defense raised a hearsay-within-hearsay objection. The jury was briefly excused (~1:16 PM). The prosecution confirmed the problematic portion had already been redacted. Judge overruled the objection as moot. Jury returned ~1:20 PM.

At 11:12 PM on video, Parsons approaches Riley’s traffic stop of the red minivan. He opens the passenger door and sees firearms: a pistol on the floorboard and a rifle in the backseat. Meagan Morris was the driver, wearing “black tactical clothing.” Morris had a loaded pistol (full magazine, round in chamber) on her person and admitted there were additional firearms in the back of the vehicle. The rifle also had a full magazine with a round in the chamber. Body armor and accessories were found in the trunk. Another rifle in a case was also in the trunk.

Parsons recovered an ID belonging to Autumn Hill from the driver’s seat area — Hill’s purse was reportedly in the driver’s seat, with Morris sitting on it. Another ID for Meagan Morris was also in the vehicle.

On video, Parsons exclaims: “What the fuck is going on? This appears to be a targeted hit on Prairieland.” He later says: “Make sure you look for everything. Ammo, guns. This looks like a coordinated terror attack on PDC facility.” He testified this assessment — made 19 minutes after the shooting — was based on the body armor, the firearms, and the fact that a cop had been shot. He had never seen anything like it.

Physical evidence (Ex. 42, 43): Parsons showed the jury the rifle and pistol recovered from the minivan.

Cross by Morris’s attorney: Parsons confirmed Morris was respectful, cooperative, and did not try to escape or run. She was placed in Parsons’ Tahoe and transported to Prairieland where a central command had been established.

Cross by Hill’s attorney (Cofer/Luster): This cross established that Parsons’ “coordinated terror attack” characterization was formed within approximately 5 minutes, and at the time he made it:

  • He did not know only one person had fired a firearm.
  • He assumed everyone at or near Prairieland was carrying guns.
  • He did not know only one person was injured at the facility.
  • He did not know Prairieland correction officers had not been shot at.
  • He did not know Lt. Gross had pulled his gun first.
  • He did not know Autumn Hill had left the area before the shooting occurred.

Prosecution redirect: Parsons stated his understanding was that the van was fleeing the scene.

Witness released subject to recall.


Witness 13: Deputy Royer [name unclear — note-takers recorded variously as Royer, Sonora, January, and “Jimmy Word”; Johnson County Sheriff’s Office]

Another responding deputy who assisted with the minivan search. Arrived approximately 11:15 PM.

Bodycam (Ex. 22): On video, the deputy says “This is like a targeted hit on Prairieland.” He found body armor (two sets of plates), 4–5 more magazines in a plate carrier, and was visibly surprised by the quantity of gear. Found an unloaded AR-15 rifle in a case in the trunk. Read the serial number into the radio. Also found a “trauma kit” described as a kit for gunshot wounds similar to what officers carry, a Camelback water carrier (the deputy commented they were “planning on hunkering down”), and three long-antenna walkie talkies.

There was confusion at the scene about the driver’s identity — officers initially had Autumn Hill’s ID and thought it matched Morris. They eventually confirmed the person arrested was Meagan Morris.

Physical evidence (Ex. 41): Deputy showed the jury another rifle recovered from the minivan.

Cross: The deputy defined “coordinated attack” as a “planned” attack. Defense challenged whether the evidence matched this definition. [Note: Note-taker JM recorded that the deputy acknowledged the situation “does not match what a coordinated attack is.” Other note-takers recorded the deputy maintaining it was a coordinated attack. This discrepancy could not be resolved from notes alone.]

Cross by Rueda’s attorney (Clayton): Suggested the medical kits could have been for injuries from fireworks.

Witness released subject to recall.


Witness 14: Detective Riley, Johnson County Sheriff’s Office (Direct ~2:10; No Cross)

Detective Riley (now with Dallas County) was a major crimes detective handling homicide and human trafficking cases. He was volunteering overtime for the holiday. He pulled over the red minivan and identified the driver as Meagan Morris.

Riley found a loaded magazine for a handgun on Morris’s person (or on the floorboard — notes vary). Morris was dressed in all black with no head covering. She did not appear intoxicated but seemed “a little afraid.”

Riley read Morris her Miranda rights.

Bodycam (Ex. 25): At 11:14 PM, Riley interacts with Morris in the back seat of a patrol car. Morris waives her rights and states: “My friends went to a protest and asked me to watch the car.” She says she met the friends online, does not remember their names, does not know why an officer was shot, and claims the guns are hers. She said she dropped people off “to make some noise.”

Riley testified he did not find her story credible given the number of arrestees and circumstances.

Note: During direct examination, the prosecution repeatedly misgendered Meagan Morris. Defense objected. Objection sustained.

No cross-examination. Witness excused subject to recall/re-cross.


Break: ~2:21–2:40 PM


Witness 15: Sgt. Seth McDonald, Alvarado PD (Direct ~2:40; Cross ~2:53)

Sgt. McDonald is a traffic division supervisor and certified drone pilot with approximately 15 years at Alvarado PD. He arrived at Prairieland around midnight — about one hour after the shooting.

He deployed a drone with thermal imaging technology to search the area around Burnett and Tanglewood, including a large field. Thermal imaging can differentiate between a dog and a human based on heat signatures.

When the drone batteries ran low, McDonald switched to a foot patrol down Tanglewood, looking for anything that might have been ditched or tossed. Around 4:00 AM, he found a black AR-style rifle at the edge of the roadway near the last house on Tanglewood.

The rifle had a “high capacity” magazine (holding 20–40 rounds, per varying testimony). There was a piece of brass jammed in the magazine well area — McDonald believed a bullet had struck the rifle after the magazine was loaded, causing it to jam. It took two officers to break the rifle apart to clear it. The rifle also had a scope, light, and bipod.

Physical evidence (Ex. 33): The actual rifle was shown to the jury at close range.

Cross by Song’s attorney (Hayes): Confirmed the bullet strike caused the jam and affected the rifle’s operation.

Witness released subject to recall.


Witness 16: Lt. Jonathan Gates, Ennis PD (Direct ~2:51; Cross ~3:10)

Lt. Gates supervises patrol sergeants at the Ennis Police Department (in Johnson County, near Alvarado). He reported to work at 4:00 PM on July 4 and arrived at the Prairieland perimeter around 10:30–11:00 PM. He was stationed at an intersection doing perimeter security until after 2:30 AM, then began heading home toward Ennis.

Dashcam (Ex. 26): At 2:35 AM on July 5, Gates observed a male walking eastbound on the road near Highway 67 and FM 2738, wearing all-black “tactical-style clothing,” approximately 2–2.5 miles from Prairieland. The individual was walking with traffic — on the wrong side of the road for pedestrians, a traffic violation. Gates found this unusual at 2:30 AM.

Bodycam (Ex. 28): At 2:36 AM, Gates and Detective Spurlock approach the individual. Gates orders: “Let me see your hands. Get down on your knees. Turn around. Lay down on your face right now. Don’t fucking move, you understand?” The person is a white male in all black. Gates asks “Where are you coming from?” — response: “I’m not exactly sure.” Asked if anyone else is with him: “I don’t believe so.”

Protective eye goggles fell out of the man’s pocket. He was holding a long-sleeve black shirt (wearing a tank top). He pointed to his pocket when asked his name rather than speaking it — ID said Zachary Evetts. Gates found black “tactical-style” gloves in Evetts’ pockets and a black balaclava on his person.

Cross by Evetts’ attorney (McClain/Sauer/Bouffard): Established that Evetts was found 2–3.5 miles from Prairieland (notes vary); that he was walking in the direction of Waxahachie, consistent with his ID address; that he appeared sweaty and tired; that he was peaceful and fully compliant; that he had no firearms, no ammunition, no knife, and no weapons of any kind on his person. Had Evetts been walking on the correct side of the road, he would not have been in violation of any law.

Prosecution redirect: Confirmed Evetts was wet and muddy. It had been raining.

Witness released subject to recall.


Witness 17: Detective Spurlock, Ennis PD (Direct ~3:22; Cross ~3:30)

Detective Spurlock was with Lt. Gates working extra patrol for July 4. He was in the same vehicle.

Bodycam (Ex. 27): Showed the arrest and search of Evetts. Spurlock described Evetts’ clothing as “tactical” — pants matching SWAT tactical clothing, boots matching combat boots, a heavy belt with an inner velcro component (like law enforcement belts), and protective-knuckle gloves. Evetts had mud on his clothing and eye-protective goggles that Spurlock said he had only seen at shooting ranges. A long-sleeve lightweight “tactical shirt” was on Evetts’ waistband.

Spurlock found Evetts’ answers unusual — not knowing where he was in a small community where most people know their location. He noted it “raises flags” when a person refuses to give their name (Evetts pointed to his ID instead of stating his name).

Cross by Evetts’ attorney: This cross was thorough and effective:

  • There was a fireworks stand across the street from where Evetts was arrested.
  • Spurlock confirmed he spoke with the FBI about this matter.
  • Defense referenced FBI notes indicating Spurlock received a dispatch about “a suspicious person with a flashlight at Prairieland” — the original 911 call, before the shooting. Spurlock said he did not recall.
  • Evetts complied with all instructions. He was calm with no signs of fear or stress. Spurlock agreed the encounter was “peaceful.”
  • Spurlock described Evetts’ clothes as “tactical” but acknowledged: when asked if a black watch was tactical — “No.” Defense pressed: “Nothing about black makes something tactical” and “All you’re saying is tactical is that the clothing is black.”
  • No firearms, no ammunition, no knife, no weapons found on Evetts.
  • Spurlock had never been to a protest and did not know what people typically wear to protests.

Cross by Hill’s attorney: Spurlock confirmed he had never responded to a protest or counter-protest.

Prosecution redirect: Spurlock described the pants as having kneecap inserts, the belt as having a heavy dual-layer velcro construction like law enforcement belts, and the gloves as having protective plastic on the knuckles — all of which he characterized as “tactical.”

Witness excused subject to recall.


Witness 18: Kim Burris, Johnson County Sheriff’s Office Crime Scene Investigator (Direct ~3:45; Cross deferred to tomorrow)

Burris has been a CSI for 8 years, supervises the property room, and responds 24/7 to crime scenes. She was off duty on July 4 but was dispatched to Prairieland after learning of the shooting, arriving a little after 10:00 PM. She was the primary photographer along with Texas Ranger Hill.

Photo album (Ex. 52) — an extensive collection of crime scene photographs was shown to the jury, including:

  • The area where Lt. Gross’s bodycam landed on the ground
  • Shell casings (.556 rifle rounds) found by the road
  • A cooler full of fireworks and a bottle of water
  • A “Keep Out” sign at Prairieland
  • “Fuck ICE” graffiti on a guard shack
  • Several backpacks on the roadway
  • Black sweaters and multiple tourniquets
  • An AR-style firearm in two pieces
  • Vehicles parked at the Tanglewood and Burnett intersection
  • A gun at the edge of the roadway on Tanglewood, with a mask nearby
  • A soft gun case and a rolling cart containing Liquid IV packets, bullets, and flashlights
  • Employee parking lot vehicles with graffiti (“Bigot,” “ICE Pig” [note-taker JM also recorded “Faggot”]), kicked/damaged, broken lights
  • A walkie talkie tuned to a frequency
  • Fireworks near detainee housing, a Bic lighter, a firework tube
  • Black clothing, masks, headphones/ear protection
  • Backpack contents including charcoal mask, first aid kits, goggles
  • A bag containing several first aid kits

Clothing photographs (Ex. 57): Photos of clothing worn by each arrestee were shown to the jury in a lengthy slideshow (over 150 photos). [Note-taker RS observed that while described as “tactical,” many items appeared to be standard athletic/workout clothing — e.g., Evetts’ shirt was Under Armour brand, Sykes’ hoodie was Everlast brand. Some shoes were not black — white, pink, and brown shoes were visible.]

Vehicle graffiti close-ups (Ex. 55): Six pages of photos showing graffiti on employee cars in the Prairieland parking lot.

Physical exhibits were brought into the courtroom and shown to the jury:

  • Ex. 34: Rifle found near a wagon on the approach to the scene
  • Ex. 35: 9mm handgun from Gibson’s backpack
  • Ex. 36: 9mm handgun from Seth Sykes
  • Ex. 37: Broken-down AR-15 rifle taken from the group of 5
  • Ex. 45: Body armor vest (described as “heavy, not light”)
  • Ex. 47: Song’s neon face mask [note-taker RS specified this was a neck gaiter, not a face mask]
  • Ex. 48 & 49: Shell casings — 11 total (8 recovered at the scene, 3 found by a Ranger)
  • Ex. 199: Broken surveillance camera, broken flashlight, and backpack (Rueda’s)

Objection — “Make America Not Exist Again” sticker: When the prosecution moved to admit contents of Rueda’s backpack (Ex. 199), defense objected to a political sticker reading “Make America Not Exist Again,” arguing under Rule 403 that it was substantially more prejudicial than probative, with no link to the charged conduct. The prosecution argued it was relevant to show motivation, plan, and intent. Judge Pittman overruled the objection and admitted the stickers. [Note-taker JM recorded the judge commenting, in apparent reference to general complaints: “(i) all complain about a lot of shit, but y’all should…” — remainder unclear from notes.]

  • Ex. 204: Buccal (cheek) swab kits for DNA testing. Burris explained the process — each kit contains a form to fill out, two swabs (one for each cheek), and the sealed kit is submitted to a laboratory. Swabs were taken from: Rueda, Thomas, Ines Soto, Liz Soto, Song, Morris, Sharp, Morgan, Hill, Gibson, Evetts, Baumann, Batten, and Sykes.
  • Ex. 205: Small black backpack/purse from the scene.

Cross-examination deferred to February 27.


End of Day (~4:42–4:45 PM)

Judge Pittman adjourned for the day and instructed Burris not to discuss the case before court resumed.


Tomorrow — February 27, 2026

Witnesses expected:

  1. Kim Burris — completion of cross-examination
  2. Texas Ranger Hill and Ranger Helton
  3. Jail warden (Prairieland Detention Center)
  4. FBI Agent — evidence-related testimony
  5. FBI Agent — testimony related to Sanchez Estrada’s case and jail calls

Incidents and Atmosphere

  • Note-taker KF-AM observed that the judge’s “tone, patience, mannerisms” appeared to reveal that he sides with the prosecution, and commented this could have an effect on the jury.
  • Note-taker RS-PM observed that much of the clothing characterized as “tactical” by officers appeared in photographs to be ordinary athletic/workout clothing (Under Armour, Everlast brands; non-black shoes).
  • Note-taker KF-AM noted the judge appeared impatient with the pace of testimony at points, stating at one point: “Sometimes you don’t have to introduce every goddamn piece of evidence you have.”
  • The prosecution misgendered Meagan Morris during Detective Riley’s testimony. Defense objected and the objection was sustained.
  • One note-taker (KF-AM) mentioned the presence of another masked person in the courtroom and discussed a journalist who was present.

Section 2: Full Notes

Full transcribed notes from each note-taker are reproduced below in their original form. Minor obvious transcription errors have been corrected; all substantive content is preserved.


A

2/26/26 9AM

  • wanted to flag next series of body cams
  • all 5 ind. yell “I do not consent”
  • Soto says “Do not say anything”

230825 – DIS saying “Everyone don’t say anything, don’t talk.”

  • Police – “It’s gonna be 3 females, 2 males”
  • “if you move you will be shot”
  • J: All objections overruled
  • *Government agrees to send the jury back a redacted version.

[9:05] JURY ENTERS

  • J: we’re on day 4 of this trial
  • PSS Government calls Officer Zavata (OZ)

PSS: What were your duties that day?

  • OZ: General patrol
  • @ around 11pm did you receive a call.
  • Initial call was a suspicious call of an individual
  • 2nd was officer down
  • I was 2- miles away
    PSS: Reviewed in car camera (#17)
  • we have on the monitor the feed from OZ dashcam.

OZ: traveling E bound on Tanglewood Dr…

OZ: I believe I was the 1st, not the 1st on scene, 1st on Tanglewood.

11:03 PM (3 minutes after shooting

2/26/26

PSS

  • OZ: When I initially arrived I was advised by a state trooper that the suspect was traveling down Tanglewood. I do a U-turn and follow

PSS

  • OZ: I end up parking @ the end of Tanglewood
  • PSS: Narrate
  • OZ: I’m using the spotlight. I’m looking for someone in black possibly carrying a firearm or weapon.
  • PSS: PAUSE. approx 4 minutes after LTG shot you see a figure.
  • OZ: End of Tanglewood on Burnett.
  • PSS: Do you see an object there?
  • Yes
  • Did you see it when you were driving?
  • OZ: No
  • There’s another there, Did you see it then? (x2)
  • OZ: NO (x2)
  • OZ: I see a subject walking wearing all black
  • PSS: What are you thinking?
  • OZ: Because of the holiday it’s not unusual seeing someone walking that late. Because they were walking so calmly towards me. I thought they may be another officer
  • PSS: 230513 time you recognize this (body cam) 5 minutes after shooting
  • video: “They all told me they ran down this way… I thought they were officers.”
  • “No they are not”
  • “Well we need to stop them”
  • PSS: Do you recall anyone being inside the vehicles
  • OZ: No
  • PSS: Let’s watch next min or so.
  • OZ: This is where we detain the people who were walking and start to see the sort of stuff they are carrying on them.
  • PSS: Let’s watch the next few minutes
  • video: “Do not move or you will be shot”
  • “We’ve got 5 detained”
  • “3 females, 2 males”
  • “I do not consent to a search”
  • OZ: We are trying to remove a backpack from his shoulders. I think it had firearms? I’d have to check.
  • PSS: It did not, it had IFAKs
  • -Witness had lapse in memory, had to read report to refresh-
  • OZ: Explaining he is not under arrest, he is just being detained.

**[9:30]

  • A: Where did you go after putting DIS in unit.
  • OZ: On their way back they stated they discovered another person that they went to apprehend.
  • A: Your testimony— 1st a 911 call. You didn’t leave at that 911 call?
  • OZ: No. I responded to LTG call
  • A: It wasn’t until then you left to go to the scene?
  • OZ: Yes
  • A: There was a good span of minutes before you arrived? Arrival at scene — 11:02
  • A: You initially didn’t see anyone when you drove down Tanglewood Dr?
  • OZ: No.
  • OZ: DPS Trooper said they went down Tanglewood Dr. He didn’t specify who. I assumed it was the shooter.
  • A: Specifically there were 5 ind. who were walking and not running. They are on Burnett. All the way down Tanglewood.
  • All 5 people were walking.
  • OZ: That’s why initially they did not grab my attention
  • A: Did they try to hide or run?
  • OZ: No.
  • A:
  • OZ: By the time I got to them they were already detained and on the ground.
  • A: They were compliant?
  • OZ: Yes, until we tried to take their backpacks.
  • A: How many backpacks?
  • OZ: 3 out of 5 had one
  • A: And you didn’t catch the gunman that night?
  • Became Police Officer in Oct. 2023
  • I was riding single man.
  • You worked @ Tarrant Co. Jail.
  • A: They teach you how to take down individuals based on the gear you are wearing?
  • OZ: Yes.
  • A: The DPS had a longgun?
  • OZ: Yes
  • A: Did you have a gun?
  • I did not have the qualifications
  • we all carry tasers
  • A: You carry Taser on one side & gun on the other?
  • OZ: Yes.
  • A: Someone needs to provide less than lethal coverage? correct?
  • OZ: No. Its up to the judgment of the officers.
  • A: You normally don’t search a backpack while pple are unrestrained? correct?
  • OZ: No training on searching a backpack. They were all compliant, everyone was taken in w/o issue
  • Situational Awareness — watching for things that are not common
  • A: While you’re driving, nothing seemed uncommon
  • OZ: No. I think I had tunnel vision. I was specifically looking for someone w/ a gun.
  • OZ: You are trained in tunnel vision, but I think that comes w/ more years on the force

  • A2: Did you review the entire recording?
  • OZ: Yes
  • A: @ another pt. you arrest Nathan Baum?
  • OZ: No, but he is placed in my unit.
  • A: He starts talking w/o questions?
  • Yes
  • A: He’s eager to tell you someone else is responsible for graffiti?
  • OZ: Yes
  • A: Do you remember if he ID’s someone named Wise?
  • OZ: I don’t remember
  • A: Did you notice the objects on road before PSS pointed it out?
  • OZ: No
  • A: What was “somewhat tactical”
  • OZ: A backpack I mistook for a vest. boots, them walking towards the cop car.
  • A: What would you call tactical?
  • OZ: Vest, weapons, gloves, mask, boots
  • A: Were they masked
  • OZ: No
  • A: and at least one had bare arms
  • OZ: I don’t remember
  • A: So when you take the subject, who is it?
  • OZ: Soto, detained, not arrested.
  • A: To not trigger Miranda
  • OZ: That would be one benefit yes.

  • PSS: back to dashcam (ex 17)
  • You indicate you would have liked to have your rifle? yes?
  • OZ: more rounds, more firepower. you always want to have a bigger gun.
  • PSS: Why this time & place
  • OZ: b/c of an officer being shot.
  • PSS: 23:01:06 secs, you turn on Tanglewood How fast do u think your going?
  • OZ: Pretty slow, trying to see if I see anything
  • PSS —
    [10:05] So after about 1 minute we see the 1st person?
  • OZ: Yes
  • PSS: Describe what tunnel vision did.
  • OZ: I’m looking for someone trying to escape or get away. I was not aware there were more than 1 or 2 individuals at the time.
  • PSS: 23:07:50 at this point your doing what?
  • Do you recall seeing that mini-van leave?
  • OZ: No, I do not.

  • A: Just to be clear, in that van, who was in that?
  • OZ: I do not know.
  • A: They are separate from the 5 pple you detained?
  • OZ: Yes
  • A: It’s a red mini-van?
  • Yes
  • OZ: DLS, DIS, DSB, Baumen.

——— BREAK ———

  • J: Next witness, Officer Solis (OFS)

[10:30]

PSS

  • Officer Carmen Solis, Executive Assistance to Police, on leave for injury
  • I’d only been off of academy for 3-4 weeks
  • Training officer was w/
  • Beginning of shift was normal. As trainee I get everything in car. Then I patrol the streets
  • shift starts @ 5:30 PM.
  • Did you receive a call that night? When?
  • Yes. I don’t recall. around 23:00
  • Initial call was for fireworks. It was not a code 2. It was not an emergency. Not until we heard LTG screaming on the radio. that there was an active shooter. Then it became a code 3, lights and sirens. Sped up, but still cautious w/ speed b/c of rain

2/26/26

  • 11:05 PM
  • 1st person walks past car as she makes a right on Burnett.
  • OFS: Initially I thought they were being ushered away from Prairieland towards us for safety b/c of their demeanor.
  • PSS: And they had backpacks.
  • OFS: yes. I searched hers.
  • 23:00:00
  • PSS: this is 5 min b/4 previous video
  • OFS: Grosses call, saying there were 3 males all black.
  • OFS: LTG says shots fired
  • PSS: what’s going thru UR mind?
  • OFS: Find suspects w/ rifles.
  • PSS: There is no one in the cars?
  • OFS: correct
  • PSS: 23:06:50
  • OFS: @ that pt we feared they were part of the group that assaulted LTG. We felt it was right to pull our weapons since there were 5 to our 2. Once their backpacks were being searched they became non-compliant.
  • Another officer removes a broken down rifle from a backpack.
  • They took a gun out of the waistband of the gentleman.
  • OFS: SABA Kit — self aid buddy aid.
  • It’s for any type of injury, bleeds etc.
  • PSS: Something you would need for a gunshot wound?
  • OFS: Yes
  • What is this in the SABA Kit?
  • OFS: Includes a tourniquet for massive bleeding.
  • PSS: And everyone is just dumping stuff on the ground here?
  • OFS: Mostly me
  • PSS: Whats in there?
  • OFS: more black clothing. The last thing I pulled out is med. grade tape to tape a wound.
  • PSS has her take a red thing from evidence.
  • OFS: It has everything you need to help w/ wounds.
  • ART: That’s something you can buy on amazon correct?
  • OFS: correct.
  • A: //
  • OFS: I don’t recall him blaming others & I recall him blaming himself. He mainly had convo w/ Sgt. Mellow, not I.
  • J: What does IFAC stand for?
  • OFS: Individual First Aid Kit.

[11:10] NEXT WITNESS — Sgt. Mellow (SM)

  • Sgt Daniel Mellow
  • 3 yrs w/ PD
  • was interim Sgnt for Delta shift (nighttime)
  • 3 were on shift + trainee Solis

2/26/26

  • SM: We were getting beaten w/ fireworks calls. It was fireworks city. People thinking its gunshots
  • PSS: 11 PM?
  • SM: We had just finished a FWK call. I love PDC calls b/c they tend to be nothing. Probably get called there 2x per month. Usually inmate assaulting guard or inmate assaulting inmate…
  • Exhibit #20
  • PSS: 23:55:15, Parked @ Burnett & walking down the street
  • SM: Off Zapta appeared to be pushing people down the st. Then I issue command for Bell to stop the 3 individuals
  • There did not appear to be anyone in the vehicles.
  • PSS: 23:39:37 — Describe
  • SM: Everyone searching the backpacks. And you can see the detainees.
  • PSS: And that backpack had 4 first aid kits in it.
  • A: You just got your int. cert
  • SM: Yes
  • A: What section allows you to search detained, not arrested, individuals?
  • SM: We search for officer safety
  • A: But the backpacks are separated, so there was no more danger
  • SM: Yes
  • A: So you illegally searched the bags
  • SM: No, other officers searched the bags

2/26/26

  • A: How many riot arrests did you make?
  • SM: none
  • A: How many for FWK as holding explosives?
  • SM: None

[11:24] OFFICER Darius Bell (ODB)

  • 1 1/2 yrs w/ Alvarado, general duties patrol
  • 6PM shift start.

PSS

  • ODB: I was @ Quiktrip, call said pple @ PDC
    it didn’t sound like too much of anything.
    Until LTG called. Then we came as quickly as possible. 3-5 minutes. We had more pple on shift b/c of 4th of July.
  • PSS: Exhibit #21
  • 11:02:31, describe what’s going on.
  • ODB: @ that time I said to set up perimeter
    we had no idea where LTG was or where the suspects are.
  • @ this pt they are starting to come around the corner. I’m shining my light trying to find them.
  • PSS: Do you notice anyone in any of those cars?
  • ODB: No, not @ that time
  • video: “come here, hey, come here, let me talk to you” “So, what’s going on? Where y’all coming from?”
  • Male: “Just walkin”
  • PSS: How did you take that? Did you take that to be a suspicious thing?
  • ODB: Yes.

2/26/26

  • video: “I will pop your ass, do not fucking play w/ me” (ODB)
  • PSS: Why are you aggressive?
  • ODB: Suspicious answer. Backpacks haven’t been searched we still don’t know where LTG shooter is.

  • A: We see 5 ind. walk past in beginning and none try to ambush or attack you?
  • ODB: Yes
  • A: And they could of easily, right? Because @ that time you were not paying attention to them?
  • ODB: Yes
  • A: 3 were wearing blue jeans & no masks and when you asked them to stop they stopped.
  • ODB: Yes. They hesitated, but they stopped.
  • A: DIS asked permission to sit on concrete instead of grass. Then you threaten to kill him?
  • ODB: I did not threaten to kill, I threatened to shoot him.
  • A: What days of the week do the constitution apply to protesters (stricken from record)
  • J: Does the 4th amendment apply to everyone regardless of color etc.?
  • ODB: Yes.
  • J: okay — move along
  • ODB: I’ve never done gun residue before & did not that night.
  • A: You arrested Mr. Sykes & disarmed his gun & put it in the front seat. And no one’s hands were bagged b4 in preparation for the gun swab?
  • ODB: Yes.
  • A: So you had all these hands moving over where the gun was?
  • ODB: Yes
  • A: There were people hiding in places?
  • A: You went to FSSL in Dallas the next day?
  • ODB: Yes

  • PSS — Have you ever been called to a protest before?
  • ODB: No.
  • PSS: And you were very aggressive. What were you thinking.
  • ODB: Nobody still knew where LTG was @ that pt & possible suspects.
  • PSS: Is this the biggest criminal investigation you’ve experienced
  • ODB: Yes

[11:50] BREAK

12:45

J Overruled objection to bodycam
Witness Corp. Graham (CoG)

CoG = SRT (Special Response Team). Respond to priority calls such as shootings, basically a mini SWAT team.

PSS Where were you July 4th?
CoG QT in Alvarado
PSS

CoG We were starting standing outside QT. Heard LTG screaming on someone else’s radio…
exh. 15 \

PSS 23:02:20, July 4th
CoG @ this point I arrived on scene. I approached LTG and he tells me where the suspects went and one of my officers sees to his medical needs.

CoG I could see an entry wound above his vest, but I assumed command until people higher than me came & took over. Set up perimeter etc.

PSS
CoG All Black, could not tell gender. Person in all Black laying in the grass.
PSS What did you just walk past
A wagon, I think it had armor, a rifle case, basically gear & supplies
PSS What does that tell you?
CoG Possibly guns
I take everything @ face value until completed investigation.


CoG She had a beanie, ear muffs, like @ a shooting range, wire to walkie talkie. Black scarf around head to conceal all of that.

PSS 23:08:57
CoG We’re secured, we don’t need as many on scene. We see the rifle case near where the female was found.
It’s a red mini-van. It’s just a small neighborhood. They drove by slowly. Everyone in the neighborhood is very nosy. They normally would stop to ask. They were wearing all black. I made the call that everyone exiting needs to be checked. There is only one way in and one way out.

PSS Exhibit #60, units on 67 essentially stopping the red van, to us the description of the suspect matched the driver of the van & we also all flagged it.

[1:13] Witness — Deputy, Exhibit 23
1:22:12, PSS is told to only send redacted copy back to Jury.

PSS 23:12:13
D Observed Riley initiate traffic stop on red mini-van.
PSS That’s defendant Morris, right?
D Yes


D In Plain view I saw a gun in a holster and I removed it. Considering the nature of the case.
PSS Pistol on floorboard and magazine in pocket
D They admitted there are other firearms in the back of the vehicle so we search the vehicle
Video — “What the Fuck”
PSS Why the exclamation
D Just the contents of the trunk, vests, firearms.
\<video> He clears the ammunition by firing it.

D Calls it in for documentation purposes and to check if any are stolen.
\<video> “what the fuck is going on? This appears to be a hit on prairieland.”
“take pics of everything before we go move it.”
“protest to go shoot up PDC?”

D Riley is communicating he wants to talk to subject, but it’s typical to bring them in 1st.
PSS In your hand is Autumn Hills ID?
D Yes
PSS Morris is put in your car by Riley?
D Yes


\<video> D “Be careful of explosions.”
PSS Why did you say that?
D Just the amount of tactical gear & guns in the car. Seemed to be a possible risk.

PSS 19 min. after shooting. Why did you say you thought it was a terrorist attack. Body armor located, guns involved.
D It seemed like a coordinated terror attack on the facility
\<video> “make sure you look for everything. Ammo, guns. Hey did she know how many people she had? This looks like a coordinated terror attack on PDC facility.”

PSS Exh. 42 & 43 (guns) admitted.
D (shows guns & rifles from exhibit)

[1:42]

A Deputy for 4 years
D Yes.
A Do you have any college edu in criminal justice?
D No.
A How did you end up in such a small county?
D I just applied
A Did you make the stop of the van?
D No. Riley did and I assisted.
A Was my client respectful?
D I had limited interaction, but yes.
A She did comply
D

A Did you take her to Johnson
D No, I took her to PDC where central command, TX Rangers, Venus County. Every agency nearby was there.


AJL \< 10 minutes in you use the phrase “terror attack.” And from the rest of the investigation that assumption

AJL Did you know @ that point only 1 person had fired a firearm?
No.
AJL Did you know only one even carried?
No
AJL Or that 2 guards had been outside during the attack w/o being attacked
D NO

PSS The van was fleeing the scene, correct?
D It was my understanding from the officers @ the scene


DEPUTY ROYER (DR)

PSS You’re a patrol officer
DR Answer calls, routine stops, traffic stops
PSS Where were you on July 4 when call came
DR I was on the W side of Joshua @ the QT
No.

Incident @ PDC, an officer had been shot


2/26/26

PSS What did you do w/ mini-van
DR Assisted in stop of vehicle and search.
Exhibit 22 \
23:15:44
\<video> “this is like a targeted hit on PDL” (Parsons)
“Take Pics of all this real quick.” (Jackson)
“Is this Alvarado’s scene or what?”

PSS What do you see.
DR A vest
PSS So body armor
DR correct
\<video> “There’s a rifle & a case on the deck.”
DR I found another vest & body armor, just the amount surprised me.
PSS Had you ever come across something like that before?
DR No
\<video> “Who got shot.”
“Braised…”
PSS Did you find a phone?
DR I don’t think so.
PSS
DR I believe that to be a really accessible 1st aid Kit for a gun shot wound.
“They were planning on hunkering down.”
DR They had a camelbak. I believe for water.
PSS You thought they were going to hide
DR Yes.


2/26/26

(Judge speeds up questioning “is this really necessary” and questions DR)
PSS has DR show weapon found

A You use the term coordinated attack, define that.
DR Planned
A Multi-elements, multi phases, would you still say this still falls under coordinated attack?
DR Yes.
A Did you count the bullets?
No I assumed based on the size of the mag.

A Are you aware of the types of injuries that can be caused by FWK.
DR Yes
And you are aware they can’t be fixed w/ a bandaid?
DR Yes


[2:10] Detective Riley (dR)

dR Now a criminal investigator
I was a major crimes investigator. Homicide, human trafficking. I was volunteering overtime for the holiday.

PSS Were you involved in mini-van stop
dR Yes
PSS Did you search Morris person
dR Yes. Found magazine for rifle.


2/26/26

dR Morris was dressing in all black. No head covering.
PSS — Keeps misgendering Morris, objection made and sustained.
dR Miranda rights are read to Miss Morris
Exhibit 25 \<body Cam
23:14:13 — About to interact w/ DMM
And Graham called it it initially

Morris said she met a whole bunch of individuals online to make some noise and she didn’t know any of their names.


BREAK 2:21pm — 2:43pm

Sgt. S. McDonald (SSD)
police & drone pilot
Arrived 1 hr after w/ drone
Began flying the immediate area using thermal imaging. There’s a large field.

PSS You can diff. between a dog & human
SSD Yes.
I deployed the drone from trailer into the field around Burnett and up & down Tanglewood.
I was running low on batteries and decided to walk down Tanglewood, looking for anything that may have been ditched or tossed.
There was an AR style rifle right on the side of the Hwy. Around 4am.


SSD It holds 20 or 30, I’m not for sure. You can see a piece of brass in the gun, jamming it so he couldn’t be shot. We couldn’t clear it. We had to break it apart.
\
He shows to jury & explains (inaudible)

A Defect — A bullet that struck the rifle after the magazine was loaded. And that caused the mag to be jammed.
SSD Yes


[2:51pm] Next Witness Ltd. Jonathan Yates — Venus PD (LJY)
How long w/ Venus?
2½ yrs.
How many officers?
19

LJY I supervise the patrols, etc.
PSS When did you make the scene?
22:30? Maybe a little later.

LJY When I arrived on scene, we set a perimeter of 67 and Burnett which is in the general vicinity of PDC. We were making sure of cars coming and going so there weren’t any outstanding individuals.
EXHIBIT 26 \<DASHCAM>


2/26/26 2:35 pm

LJY Near 67 & FM 38, I observed a male walking Eastbound. Tactical style black clothing. I’d been informed the suspects were wearing all black and we were 2½ miles from PDC. Plus he was walking the wrong direction along the road for pedestrians.

\<video\> “come here” “come here” “Get down on your knees, come here”

@ this pt we stopped & detained the individual
2:36:17

“come here, let me see your hands, get down on your knees, turn around, lay down on your face right now. Don’t fucking move, you understand. Any weapons on you? Any knives? Where are you coming from? (inaudible) Is there anybody else out here with you?”
“I’m not exactly sure”
(eye goggles fall out of pocket)
Black long sleeve shirt & belt common to law enforcement
~~[unclear]~~ 2:41:50

LJY Pulls out back tactical style gloves from Evans Pocket


one of us retrieved a black baklava [balaclava]

APM Your familiar generally where other municipalities located?
Yes
You know where Waxahachie is?
Yes.
And where you pulled him over was 3½ miles from where he lives in Waxahachie?
Yes
And he was 17 miles from Waxahachie
And had he been walking the correct direction he would not have been in violation of the law?
Yes
DZE was wet & muddy, sticker burrs on pants and belt.


[3:22] Detective Garett Spurlock
Extra patrol for 4th of July
We were headed back into the city.
I hear on the radio there is a gentleman in all black walking down the highway.
He gave unusual answers, said he doesn’t know where he is or where he is going.
Some sort of boots & tactical pants I would be wearing. Eye protective. Uncommon for a shooting range. Tactical goggles.
Long sleeve light weight shirt made to be able to breathe easy to move around in.


\<video> “This isn’t gonna blow us up or nothing like that is it” “You injured or anything”
2:41:25
PSS Burrs indicate those pants were being worn in that field
DGS Yess

A This across from the Food Mart & a Fireworks stand correct?
DGS Yes.
A About 10/11 pm you receive a bizarre dispatch about a man w/ flashlight?
DGS No.
A Did you speak w/ the FBI about this?
DGS Yes.
CAD Note = when original 911 call gets called in OFFICERS HAVE ACCESS TO the file.
A You heard we have 1 running & shots fired.
Yes!
A You went to the scene when you heard those words?
No
A But you went after some time?
Yes.
A In the video DZE does everything you ask him to do?
Yes.
A You describe pants, shirt as black/tactical
Yes
A Was his black watch tactical
No


A

A No firearm, no ammunition, no knife, no injuries, tired, sweaty.
He was compliant, calm “blank expression” on his his face.

A You have no experience knowledge or training of what people would wear to a protest?
No
A Heavy Duty Belt.
Inside has a velcro on the outside so the outer belt can’t be ripped off. Gloves have protection on the knuckle side.


[3:45] Ms. Burs. Johnson County Crime Scene Investigator
8 years
WMB Anytime we have a crime scene I go out 24/7
July 4, 2025 what were you doing
WMB I was home, & received a call, arrived a little after 10PM.
We walked to the scene and he showed me what was going on. I and Ranger Hill were the primary photographers that day.
(asked to describe photos)
EXHIBIT 52 \<PHOTOS>
Start @ the beginning of the st.


  • p30 — Graffition guard shack “Fuck ICE”
  • p41 — Sweaters & tourniquets all over the place
  • p45 — Firearm in 2 pieces
  • p? — 3 vehicles parked intersection
  • p59 — Tanglewood + gun @ edge of roadway, green mask
  • p52 — Firearm
  • p64 — Intersection, soft case for gun w/ weapon. Rolling cart.
  • p67 — Rolling cart w/ liquid IV packets & bullets
  • p68 — Flashlight
  • p? — Several graffitied & kicked cars. “Bigot” “ICE PIG”
  • 79 — Casing close up
  • p80 — Walkie talkie
  • p83 — End of Roaddwy where fireworks are, near inmate Housing
  • p87 — ” ” zoomed in.
  • p88 — lighter
  • p89 — Firework tube
  • ? — Clothing
  • ? — Masks
  • p96 — Headphones, noise cancelling; dark clothing; Backpack
  • 101 — Backpack w/ charcoal mask, 1st aid & goggles
  • 103 — Bag w/ several 1st aid Kits; Backpack w/ contents

PSS Do you recall a Faraday in this?
W No. I believe they were confiscated before I personally never saw those.


Exhibit 57 \
Jury is shown slideshow of clothing worn that night.

Exhibit 55 \<6 pgs close up graffiti of vehicles\>

Exhibits 34, 35, 36, 37, 45, 47, 48, 49, 199, 204, 205, 206

  • EX 34
  • EX 35 9mm from Gibsons backpack
  • EX 36 9mm from Seth Sikes
  • EX 37 — AR-15, broken down
  • 45 — Vest, “Heavy, not light”
  • 47 — Songs neon facemask
  • 48 — Shell casings
  • 49 — Shell casings > 8 recovered & 3 found by Ranger
  • 199 — flashlight, broken camera, backpack (DMR)

[4:30] Break [4:37]


J Alot of the stuff complained about is not my jurisdiction. We have a landlord just like everyone else.

  • 199 — Stickers
  • 204 — Swab Kits, there is a sheet inside we have to fill out after opening. They are identified. Then 2 swabs. Then it goes back into the kit. “Buckle swab” For DMR, John Thomas, DIS, DLS, DCS, Dmm, Lenette Reed Sharp, Rebecca Morgan, DAlt, Jay Gibson, DAM, PSB, Seth Saks

  • 205 — small black backpack purse

[unclear] [4:45] — End of day


Tomorrow —

  • Finish Ms. Burs
  • Ranger Hell & Helton.
  • Warden
  • FBI Agent — Evidence
  • FBI Agent — call, Sanchez case

JM

Prosecution Direct — Witness 7 -> Officer Zapata

  • Alvarado P.D. 2 years since
  • Worked 7/4/25 as general patrol
  • Dispatched “a suspicious person at Prairieland Detention Center”
  • Then heard Lt. Gross call that shots had been fired & Gross had been hit
  • Was 2.5–3 miles away at the time. Turned on lights & sirens; activated body cam & dash cam.

(Ex. F) Dashcam Video — Front of car view

  • Travelling down Tanglewood Rd. after hearing that suspects traveled that way.
  • ~11:04 pm; first officer to travel down that Rd. 3 min after shooting.
  • Shows map of area. State Trooper tells him “they went that way” and pointed toward Tanglewood.
  • Back to video. Using spotlight to look for a person in black, possibly w/ a weapon, running
  • Sees a figure running ~4 min after shooting at Tanglewood & Burnett.
  • There are “objects” on the road that he did not see at the time but that are on bodycam video.
  • Zapata parks to cut off traffic
  • Sees an individual walking.
  • It might be normal b/c holiday, thought it might be a police officer
  • Person was dressed “somewhat tactical and in all black”
  • Meets up w/ other officers. Next:

(Ex. G) Body Cam Video

  • ~5 min after shooting
  • Says [redacted] in video to other officers (Sgt. Mellow & Officer Solis) that he thought the ppl walking were officers. Sgt Mellow & Solis tell him no they aren’t & Zapata says we need to stop them.
  • Stops ppl, detains & removes their backpacks that they were wearing.
  • “Do not move, you will be shot”
  • “We have 5 detained. 3 females, 2 males”
  • Remove backpack from Ines Soto (Zapata & Mellow)
  • Believe firearms but can’t remember exactly what items were in it.
  • Women voices say “I do not consent to search”
  • Placed Mr. Soto in handcuffs.
  • Someone says “we have a gun here”
  • Officer Bell searches Ms. Rueda’s backpack

Savanna Batten Crosses Zapata

  • Completed 16 probable cause affidavits at the jail. (Officer Bell’s)
  • After putting Mr. Soto in a car, what happened next?
  • Was told officers discovered another person so went to deal w/ that.
  • 3 groups of protesters? — Objection sustained.
  • Didn’t leave at dispatch of 911 call — correct
  • Lt. Gross responds, not Zapata. Zapata didn’t go to scene until Gross called for backpack.
  • Good span of minutes btw 911 call & when Zapata arrived.
  • Didn’t see anyone down Tanglewood Dr.
  • How long Rd.? — I don’t think it’s long
  • Officers said they went down Tanglewood Dr.
  • 5 or more min btw 911 call & when he arrived — yes but body cam would say more accurate.
  • Saw 5 individuals that were walking, not running.
  • They are all the way down Tanglewood on Burnett walking
  • They did not try to hide or run
  • No wagon with the 5 individuals
  • They were compliant? — generally until the backpack removal
  • They didn’t all have backpacks — 3 of them did
  • Goal was to find the shooter, but did not find the shooter that night.

Meagan Morris Crosses Zapata

  • Zapata graduated police training academy. Had already finished training.
  • Training taught how to take down individuals
  • When you showed up, did the other officers have their guns drawn on the 5 individuals? — Yes
  • Did not have his own rifle at the time, but would have drawn it if he had.
  • Had a tazer though.
  • When taking down, someone has to provide cover. — Yes
  • In videos, it’s a chaotic scene.
  • Your training doesn’t say search backpack while providing cover? — IDK
  • Everyone was taken into custody w/o incident.
  • Nothing caught Zapata’s attention when he was driving; was not concerned w/ the people who were walking at the time
  • Was looking for a runner w/ a gun
  • Had tunnel vision at the time, couldn’t put it aside.
  • Does softer language also come w/ more years on the force? Yes

Autumn Hill Crosses Zapata

  • Arrestee is also included in this arrest, talks to Zapata while being arrested.
  • Arrestee blames “Lics” for graffiti & vandalism.
  • Did you meet w/ prosecution before testifying? — Yes
  • Saw someone in tactical gear? —
  • I saw someone w/ a backpack walking toward the police, but thought it was a vest at the time
  • Someone walking toward the police, I would not expect them to have just shot
  • None of the 5 individuals was wearing a mask.
  • Who did you put in cuffs? — Soto
  • Said detained but not arrested to not trigger constitutional issues
  • Trying not to trigger Miranda rights
  • Would you be able to review body cam this afternoon? — Yes

Prosecution Redirect Zapata

  • Why would you have liked to carry a rifle this night? — Concern for himself & the residents b/c another officer was shot.
  • Video again (Body cam)
  • Driving 10-15 mph; trying to observe scene by scene.
  • Looking for someone trying to escape. Thought it was 1 or 2 ppl at first.
  • Shows minivan from bodycam; didn’t see it at the time

Savanna Batten Re-Cross

  • Van was separate from the 5 walkers
  • 5 individuals:
  • Ines Soto, Liz Soto, Savanna Batten, Bauman

Released — subject to recall

Witness #8 — Prosecution Direct — Officer Solis

  • Alvarado PD; 34 weeks off of academy on 7/4/25
  • Was patrolling w/ Sgt. Dan Mello
  • Was a trainee, got the car ready for shift. Shift started 6 pm.
  • Received a call around 11[unclear: :00]
  • She said the call was for fireworks at Prairieland, wasn’t too worried until second call that an officer had been shot.
  • Activated siren, dash cam, & body cam
    • Sgt. told her to speed the car up

(Ex. [unclear: 15]) Body cam

  • She’s out of the car. On Burnett St.
  • Discusses w/ Zapata & Mello that ppl are dressed in black.
  • Thought the ppl were being ushered away to safety b/c their demeanor was very calm.
  • See 3 females walk slowly past. Also 2 males.

(Ex. [unclear: 8]) More Body Cam

  • From before in car, hear Gross’s call of officer involved shooting.
  • They are playing rock music in their car…
  • Arrive & get out to search for suspects down Burnett rd.
  • See a minivan w/ an officer standing next to it.
  • At first thought they were nearby and just heard the shots & were going away to safety.
  • “Those are just a bunch of people walking away. I thought you ushered them this way. Shit”
  • Now she says they were “too calm and all wearing black”
  • Doesn’t see anyone in the cars on the side of the road.
  • Decide they think the ppl were involved w/ the shooting, pulls out weapons.
  • Says they weren’t being compliant when told to take off the backpack.
  • Hear defendants saying “I do not consent to search”
  • Solis searched the skinny blonde’s backpack.
  • And one other that was already off, doesn’t know whose it was.

[unclear: Savanna Batten] Cross

  • Someone has a handgun on their waistband. Takes it w/ no issues.
  • Pulls a ski mask & a med kit of “self aid stuff” out of one of the backpacks.
  • Pulls out a tourniquet “for massive bleeding”
  • Pulls out more black clothing & medical grade tape to wrap a wound. Shirt, sweater, etc
  • Has Solis look at physical evidence.
  • The physical evidence in court is the medical stuff seized at the arrest.
  • Opens up the small red med pack.
    • Gloves, wound gauze, things to stop wounds from bleeding so you don’t hemorrhage.

Des Crosses Solis

  • Can find the med kit on Amazon
  • IFAK — Individual First Aid Kit

Autumn Hill Crosses Solis

  • Arrest is on bodycam
  • Bauman blames himself for doing graffiti on body cam: — Don’t remember but it was on the body cam

Solis Released subject to recall

Witness #9 — Prosecution Directs Sgt. Mello

  • Mello supervises night shift
  • Lots of calls on 7/4 that there were fireworks all over the city.
  • ~11 gets a call that someone was trying to break into Prairieland.
  • Then gets a call that Gross was shot.
  • Gets called to Prairieland twice a month
  • This time felt serious, so tells Solis to speed up. She was driving b/c she was trainee

(Ex. 20) — Mello body cam

  • Activates when shots were fired & Solis activated car siren.
  • Asks who the walkers are. Tells other officers to stop those ppl walking
  • Ppl were out partying; Officer Zapata appeared to be pushing them down Tanglewood but didn’t see/know about the walkers.
  • Mello tells Bell to stop the walkers.
  • Doesn’t notice anyone in any of the vehicles
  • Body cam captures officers dumping backpacks; one had 4 first aid kits in it.

Meagan Morris Cross

  • Were these people arrested at the time?
  • Can only search backpack if they were under arrest?
  • Well, if the officers are in danger you can
  • But the backpacks were separated from the defendants, so there was no danger? — Correct
  • So you illegally searched the backpacks?
    • I didn’t search, I watched other officers search.
  • No explosives found in any backpack

Prosecution Directs Officer Bell

  • APD, received call that someone was trying to break in
  • Bell is the person who first stopped the 5 walkers.

(Ex. 21) Bell’s Body Cam

  • Bell talking to Mello & Solis, setting up perimeter to investigate.
  • Starts to see walkers come around the corner & flashes his flashlight in their direction.
  • Doesn’t notice anyone in any of the cars
  • Tells the walkers to “come here”
  • “Let me talk to you” when Mello tells him no one has talked to them yet.
  • “Where are you’ll coming from”
    • Answer: just walking
  • “You said just walking? From where?”
    • Doesn’t get an answer; which he thinks is suspicious.
  • Tells them to sit down, “don’t reach for anything” “I will pop your ass today”
  • Says he is aggressive at this time b/c they haven’t been searched, wearing all black, didn’t answer questions about where they came from.

Liz Soto Crosses Bell

  • The walkers did not threaten or attack you? — Yes
  • They could have attacked you or hurt you if they wanted to, right? — Yes
  • But they didn’t.
  • Identifies the Sotos, Batten, & Seth Sykes as 4 of the walkers.
  • They complied when he told them to stop
  • Ines Soto asked for permission to sit down on concrete
  • Complied w/ all previous orders, Ines Soto asks permission to sit on concrete, and Bell responds by threatening to shoot them, which can kill someone.
  • (had guns drawn) Officer next to him says he will shoot them if they move.
  • Aware of 4th Amendment right to be protected from unreasonable search & seizures?
  • But when they invoked that right you said “not today” — Yes & yes
  • Right to protest day or night? — Yes
  • Right to wear black, white, or any color to a protest? — Yes
  • Right to wear a mask or not? — Yes
  • Gun residue tests happened that night but Bell did not take those.
  • Put Sykes in car after taking his gun
  • Had Ines, Batten, Liz Soto, & Seth Sykes switching seats in the back of the police car.
  • One person who we know handled a gun (Sykes) and 3 others with hands behind their backs, unbagged/uncovered, being shifted around.

Autumn Hill Cross Bell

  • Officers from several agencies were there & there was a perimeter set up.
  • Went to Dallas next day to pick someone (Autumn Hill) up at 56 St to transport back to Alvarado.

Prosecution Redirects Bell

  • Never had any experience w/ a protest
  • Was aggressive b/c shooter was at large & they “snuck past” and could have harmed him.
  • Objection to leading by defense — sustained.

Bell dismissed subject to Recall.

Autumn Hill brings up witnesses 22, 23, 24, 25

  • On their body camera they talk about what they have heard & their opinions about what they find.
  • Makes a 704 objection about those statements should be not admitted b/c they are opinions as if they are legal reality, which is not allowed

2/26
Back at 12:43

  • Judge weighs in on objection about videos, has tentative ruling but wants to hear from prosecution
  • Pros says the officers are saying their belief in real time, based on personal knowledge
  • Judge overrules objection

Witness #11 Prosecution directs Officer Graham

  • Works at Johnson County Sheriff Office as a corporal; special response team
  • Was at QT in Alvarado at 11pm on 7/4; about 1.5 miles from Prairieland
  • Was with Officer Bell at QT
  • Went to the detention center
  • After hearing shots fired, turned on dashcam & body cam

[Ex. 15] Graham’s Body Cam

  • 11:02 Graham arrives on scene. Goes straight to Lt. Gross
  • Someone says “He ran that way”
  • Could see what he thought was entry wound in Gross vest
  • Assumes command of scene & works to secure perimeter
  • Tells officers to go down the streets of the neighborhood. Draws his gun
  • Sees someone laying in the grass 3 min 46 seconds after the shooting
  • Thinks this is the shooter hiding
  • All black clothing, can’t tell gender yet
  • “How many ppl are with you?”
  • “IDK” — person lying down is a she
  • Walked past a wagon w/ vests & a rifle case
  • Shows arrest of Joy Gibson. Had a knife on her, no gun.
  • Black beanie on head, ear plugs/muffs that muffle gun sounds
  • Also had walkie talkie w/ ear piece
  • After Joy apprehended, observe rifle casings close to where Joy was
  • Sees a red mini van, drives by, sees person driving is dressed in black
  • Puts out that everyone in the area needs to be stopped
  • This is 9 min after shooting
  • Had been called to that neighborhood about a dozen times. “Not a good neighborhood”

[Ex. 60] Map of area

  • Stops the red van

NO CROSS EXAM; released subject to recall

Witness #12 Prosecution Directs Deputy Parsons

  • Johnson Co. Sheriff Office
  • Patrolling on night of 7/4
  • Was outside of Alvarado city limits, answering fireworks calls
  • Received call to give assistance to an APD officer shooting
  • Detective Riley had stopped a minivan
  • Intersection of US 67 & N. Cummings

[Ex. 23] Parsons Body Cam

  • Hearsay Objection — hearsay within hearsay
  • Parsons tells officers what he heard Det. Riley said about what an arrestee said
    • Prosecution already redacted this
  • Parsons approaching Det. Riley
  • Parsons opens car door
    • Woman wearing “black tactical clothing”
    • Firearms & rifle in the car, body vest
    • Removes guns from car
    • Says “What the Fuck” — loaded weapon w/ full magazine (25-30 rounds)
    • Pistol was loaded too
  • Inspecting weapons to see if stolen
    • “What the fuck is going on, this seems to be a targeted hit on Prairieland”
  • Det. Riley is going to talk to suspect
  • Someone says to take photos before we do anything
  • Recover ID in red mini van that says Autumn Hill (found in driver’s seat)
  • Takes rifle in case in trunk (another one)
  • Parsons says it appears to be a coordinated terror attack on the facility
  • 19 min after shooting
  • Says terror attack b/c shooting, # of ppl & # of guns
  • Parsons asks how many ppl were detained & how many were still outstanding
  • Prosecution has Parsons show rifle & pistol he pulled out of the minivan

Meagan Morris Crosses Parsons

  • Deputy 4 years, 4 yrs Frisco Police Officer & C.O. before then
  • How big is Alvarado? — Johnson Co. is 780 sq. miles
  • Tahoe parked @ US67 & N. Cummings
  • Det. Riley stopped the van; Parsons helped search
  • Was client respectful & cooperative? — Yes
  • Didn’t try to evade or run? — Yes
  • Do you know who owns the guns? — No
  • Placed in Parsons’ Tahoe. Transferred her back to Prairieland where central command was set up.
  • Lists several agencies on the fans [<- unsure of this word – reviewer]

Autumn Hill Crosses Parsons

  • Called it a coordinated terror attack less than 5 min in
  • At that point did you know only 1 person fired firearms — No
  • Assumed everyone was walking around w/ guns
  • Didn’t know that only 1 person had a gun at the facility
  • Didn’t know that Prairieland officers hadn’t been shot at
  • Didn’t know that Gross had pulled gun out first
  • Didn’t know Autumn Hill had left before shooting

Prosecution Re-Direct Parsons

  • Van was fleeing? — Yes, according to what he had heard

Released Subject to [strikethrough] Recall

Witness #13 Prosecution Directs Deputy January(?)

  • Johnson County Sheriff Office
  • On westside of JoCo at 11pm & was dispatched to the scene
  • Activated sirens & cameras
  • Arrived ~11:15pm
  • Assisted in search of vehicle
  • Deputy Jackson taking photos of everything from the van
  • Removes unloaded rifle AR-15 from the case in the trunk
  • Vests in trunk, then finds another vest. Surprised by the amount of stuff in the car.
  • “Gross got grazed”
  • Finds “trauma kit” (med kit “for gunshot wounds”) in the car
  • Found a camelback w/ water to “hunker down and hide”, he said
  • Asks how many ppl were in the car
  • Asks if we have her identified. Thinks it’s Autumn Hill b/c that’s the ID they had.
  • Asks her name, her name is Meagan Morris. There is an ID for Meagan Morris there.
  • Shows the jury the rifle he found in the car, they have it in the courtroom.
  • Found 3 long antennae walkie talkies

Des Crosses

  • A coordinated attack has multiple elements; is this a coordinated attack based on what you know now? — Yes

Maricela Rueda Crosses

  • Could have been for injuries from fireworks (referring to med kits, probably)

Witness #14 Prosecution Directs Detective Riley

  • Major crimes Detective for JoCo
  • Was assisting patrol on 7/4
  • Pulled over red mini-van, found it to be Meagan Morris
  • On her person was a loaded magazine for a handgun
  • Meagan was in all black, no headgear
  • Interviewed Meagan Morris at scene, read her miranda rights & had a convo
  • She was scared

[Ex. 25] Riley Bodycam — Interaction w/ Meagan Morris

– Reads Miranda rights

  • “My friends went to a protest and asked me to watch the car”
  • “Met them online” — said she didn’t know their names
  • Why was an officer shot?
    • She doesn’t know
  • Officer did not find story credible

No Cross Examination
Witness excused subject to re-cross

Witness #15 Prosecution Directs Sgt. Seth McDonald

  • Alvarado PD Sgt. Supervises shifts, drone pilot
  • Got to Prairieland ~Midnight (about one hour after shooting)
  • Came w/ thermal imaging drone
  • Uses heat. Different temperatures show different colors
  • Can differentiate b/w a dog & a human
  • Walked down Tanglewood to do a search for things that might have been hidden or tossed
  • Found a black AR-style rifle by the last house on the street (around 4am)
  • Shows photo of gun on the ground
  • “High capacity rifle”; holds 30-40 rounds
  • Had to break apart the rifle to disarm it
  • It was indented at the magazine; assumes it was hit by a bullet & jammed. So it took 2 officers to disarm it.

[Ex. 33] Shows the physical gun in court, shows indentation

McDonald Cross Exam from Song

  • Appears that the gun was hit by a bullet after it was loaded — Yes
  • Bullet probably caused the gun to jam — Yes

McDonald released subject to recall

Witness #16 Prosecution Directs Jonathan Gates

  • Enis Police Department. Enis is in JoCo.
  • 10 yrs on force. Supervises contral service.
  • Reported to work @ 6pm on 7/4
  • Dispatched about 11pm, helped w/ perimeter
  • Left around 2:30am, starts to head home
  • 2:35am — Dashcam
  • Sees a male walking eastbound. All black, “tactical style clothing” 2-2.5 miles from the incident
  • Had been informed the subjects were wearing all black
  • Tells the male to stop, detain him
  • Is with Detective Spurlock.

[Ex. 28] Gates Body Cam

  • 2:36am — “Let me see your hands. Come here. Get down on your knees. Turn around.”
  • White male in all black
  • “Don’t fucking move, you understand?”
  • “Where are you coming from?”
    • Answer: “I’m not exactly sure”
  • “Is there anyone else out there with you?”
    • Answer: “I don’t believe so.”
  • Protective eye goggles fall out of pocket
  • Holding a long sleeve black shirt (wearing a tank top)
  • Asked him his name, doesn’t give it but says his ID is in his pocket
    • ID says Zachary Evetts
  • “Black tactical gloves” in pockets
  • Black balaclava on his person & wallet

Evetts Crosses Gates

  • 3.5 miles from Prairieland
  • Evetts was walking. Sweaty, tired
  • Was walking on the wrong side of the street
  • Thought he was part of incident b/c of his clothing
  • Was peaceful, compliant
  • No gun on Evetts

Prosecution Redirects Gates

  • Evetts was muddy & wet
  • It had been raining

Witness released subject to recall

Witness #17 Prosecution Directs Detective Spurlock

  • Was with Det. Gates that night. He is Ennis PD.

[Ex. 27] Spurlock Body Cam

Evetts arrest

  • Black “tactical clothing” & ID
  • Evetts didn’t know where he was; it’s a small community so most ppl know where they are
  • Same kind of tactical pants as from his SWAT training
  • Tactical goggles, “long sleeve tactical shirt”
  • “Seems like Mr. Evetts was a heavier male”
  • Black gloves, indicates they were being worn before

Evetts Crosses Spurlock

  • Fireworks across the street from where Evetts was arrested
  • Spoke to FBI about this matter last year?
  • You received a dispatch reporting a suspicious person w/ a flashlight at Prairieland, according to FBI notes from that interview
  • Heard about a flashlight before you heard about a shooting? — I don’t recall
  • Went to scene when you heard an officer was shot, went afterwards & was there for some time
  • Evetts did everything you asked him to do — Yes
  • Put cuffs on — Yes
  • Under arrest now — Yes
  • Once under arrest, he has right to remain silent — Yes
  • So it’s fine if he didn’t answer, perfectly acceptable — Yes
  • You described his black clothes as tactical — Yes
  • So is something tactical just b/c it’s black? — No
  • But you called it tactical, but all we know is it was black — Yes
  • No guns or knife or weapons — correct
  • There are lots of plants in the area he could have brushed up against — Yes
  • You don’t know what route he took from detention center — correct
  • No signs of fear or stress, just compliance — correct
  • Would you describe Evetts as peaceful — Yes

Autumn Hill Crosses Spurlock

  • Have you ever responded to a protest or counter protest — No
  • So you don’t know what ppl wear to a protest typically — No

Prosecution Redirects Spurlock

  • Why tactical?
  • Pants, kneecap, boots look like ones worn by an officer
  • Heavy belt w/ outer & inner parts
  • Gloves like police gloves

Witness excused subject to recall

Witness #18 Prosecution Directs Kim Burris

  • JoCo Sheriff’s office crime scene investigator. Been there 8 years. Supervises property room.
    • On call 24/7. Handles evidence
  • Was off 7/4/25, but got dispatched to Prairieland after hearing of a shooting. A little after 10p.
  • Duties on scene to start photographing that night
  • Worked w/ Tx. Ranger Hill to take photos
  • Photo showing where Gross’ bodycam landed on the ground
  • Photo of shell casings found by the road
  • .556 rifle round shell casings
  • Cooler full of fireworks
  • Photo of bottle rocket firework
  • Photo of posted Keep Out sign
  • Graffiti on guard shack “Fuck ICE”
  • Several backpacks in the roadway
  • Black sweaters & several tourniquets
  • AR firearm in 2 pieces
  • Cars at Tanglewood & Burnette intersection
  • Gun at edge of roadway on Tanglewood, also a mask
  • Soft case for a gun & a rolling cart
  • Gun inside soft case
  • Water, liquid IV, & bullets inside rolling cart
  • Also flashlights
  • Employee parking lot cars graffitied, kicked, lights broken
  • “Bigot”
    • “ICE Pig”
  • Walkie talkie
  • Fireworks by detainee housing
  • Bic lighter
  • Firework
  • Black clothing
  • Mask
  • Headphones/ear protection
  • More clothing
  • Backpack
  • Charcoal mask, first aid kit
  • Bag of several first aid kits
  • Another backpack — Does not recall fairday bag

(Photos taken back at department of clothes worn by arrestees)

  • Evetts — Black, gloves & goggles, head covering, clothes, boots that are muddy, knee pads for pants
  • Gibson — black
  • Meagan Morris — (blank)
  • Ms. Rueda — (blank)
  • Bauman — credit card
  • Vest found on street
  • Tourniquet, face mask
  • Let everything dry overnight and then photographed everything
  • Another placard vest
  • Magazines
  • Another placard vest
  • Resist Fascism flag w/ an American flag fist
  • Water
  • Cooler
  • Backpack
  • Broken Camera
  • Seth Sykes “Everlast” hoodie
  • Batten clothing
  • Morris
  • Liz Soto clothing
  • Can of spray paint

[Ex. 55] Close up graffiti of other vehicles

Physical Exhibits Ex. 34, 35, 36, 37, 45, 47, 48, 49, 199, 204, 205, 206

  • 34 = Gun found near wagon
  • 35 = 9mm handgun from a backpack
  • 36 = 9mm gun from Seth Sykes
  • 37 = Broken down rifle
  • 45 = placard vest
  • 47 = Song’s neon facemask
  • 48 = Shell casings recovered from scene (11 total)
  • 49 = Shell casings, same thing
  • [strikethrough] = Broken surveillance camera
  • [strikethrough] = Flashlight from cart
  • 199 = Backpack (Rueda) Objection about stickers in the backpack
    • “Make America Not Exist Again”
      Defense: substantially more prejudicial than probative
    • No link to charges (extraneous)
      Prosecution: shows motivation
      Objection overruled, stickers coming in
  • Contents of Rueda backpack
  • Political stickers
  • 204 = buccal swab kits, swabs each cheek & take finger prints — DNA testing
  • For Rueda, Thomas, the Sotos, Song, Morris, Sharp, Morgan, Hill, Gibson, Evetts, Baumann, Batten, Sykes
  • 205 = small black backpack from scene

4:42 Break for today, Will Cross Kim Burris tomorrow.

Tomorrow: Cross Burris, bring another ranger, jail warden, FBI agents, Sanchez witnesses, jail calls


KF

  • “sometimes you don’t have to introduce every GD piece of evidence you have.”
  • So against context?
  • Already a short trial.
  • Why is he acting like the trial is not artificially short

  • 10:10
  • Just finished with arresting officer, Zapata Alvarado Police
  • Yay! Someone else is masked in here!
  • older, yellow shirt under dress shirt, glasses, white man
  • 15 minute break — Journalist (?)
  • talking about tone, patience, mannerisms
  • of judge reveal that he sides with prosecution & can have an effect on the jury
  • Has a vendetta about “Yazbek” a journalist who he thinks is too pro-Hamas?! (has laptop?)
  • Govt. calls officer Carmen Solis w/ Alvarado PD. Was brand new at the incident.
  • 3-4 weeks. Baby cop. Received call of service.
  • Initial call was not for active shooting, was for fireworks. Went at normal speed bc fireworks aren’t emergency. Lights + sirens when Gross called. Was 2 mins away.
  • Exhibit 18 — Dash cam?
  • Person walks past her car. Multiple people dressed in black. Trying to figure out who they were. Assumed they were being ushered to safety because they were calm. “Females” have backpacks, which were searched later.
  • Gross reports 3 suspects all 6 black + shooter w/ rifle. That’s who they’re looking for. Listening to radio rock.
  • They get to a minivan. Sgt. Mellow is at the minivan. Didn’t sense that anyone was in the minivan. Assumed passers by were just walking away to safety.
  • They were too calm, all dressed in black, with backpacks. This makes them suspects I guess, and she
  • when she walks up on the “suspects”, she draws her weapon + aims it at them. 5 protestors, 3 officers.
  • They ask for warrant + say they do not consent to a search
  • Then officers yell + say take off the goddamn backpack. Yelling is harsh. She searched [skinny blond] Vanna’s backpack
  • One of the backpacks has a broken down rifle. It’s broken down, not functional.
  • Lots of “I don’t consent to a search”
  • Black sweater — white letters, they took a gun from his waistband
  • Pulled out a black ski mask + IFAK first aid kit. Of course state wants to criminalize first aid. “Things you would most likely need for a gunshot wound.”
  • Full solid kit — acts like tourniquets sus & for “massive bleeding”
  • Acting like black clothing in a backpack is criminal, acting like “medical grade” tape is criminal.
  • Bringing in IFAK as evidence. They’re literally just first aid kits
  • Dramatic opening of IFAK for “big holes” in the body
  • Ms. Taft
  • You were just discussing the kit. That’s something you can buy on Amazon right?
  • Correct.
  • Next: You were part of the arrest of Nathan Baumann. As he was arrested, he started talking about actions + blaming others for things.
  • IFAK — individual first aid kit
  • Witness said he was confessing, not blaming.
  • Sergeant Mellow. Now APD 3 yrs.
  • Internal Sgt. for Delta shift. Supervising 3.
  • We were getting beaten with fireworks calls + shots fired. There were lots of calls around the city, call from Prairieland. Had just finished fireworks calls. Most Prairieland calls tend to be nothing, people mistaking things.
  • Was with the trainee as passenger
  • “Who are those people? I thought you ushered them this way? Stop them from walking.”
  • Zapata appeared to be pushing people down Tanglewood
  • Standing behind people we stopped. Everyone’s searching the bags
  • One backpack had 4 first aid kits in it.
  • Sgt. Mellow — they were not under arrest at the point they were searched
  • other officers said they were just detained. So you’re searching backpacks of people who are not under arrest. Once you have the backpacks, you are no longer in danger.
  • So you illegally searched the bags.
  • No. Other people searched.
  • In all those fireworks calls how many other arrests did you make for riots or explosives
  • O claimed exigent circumstances. Claimed saying “I do not consent to search” was reason to search them.
  • No gum in the court.
  • Darius Bell — officer Alvarado for 1.5 years — patrol
  • Call came when he was at the QuikTrip.
  • Call said people were walking around with flashlights trying to enter. Didn’t seem significant until shots.
  • DPS + multiple solo deputies were at QT bc of the 4th.
  • Exhibit 21, his body cam. Previous objections overruled.
  • Directs officers to set up a perimeter so suspects don’t leave + maybe to find Gross
  • Lots of clicking + gear as they walk
  • Sees people. Says, “Hey, come here; where are y’all coming from, just walking? From where? Took it as sus.
  • “I will pop your ass. Do not play with me, do you understand?!”
  • Did not seem to be residents of the neighborhood.
  • No one tried to ambush or threaten you?
  • No.
  • If they were inclined to do harm, they could have?
  • Yes.
  • Ines & Liz wearing blue jeans. None had face covering.
  • Did not hide.
  • & they responded?
  • Hesitated but yes
  • the grass was wet
  • Ines wanted to sit on concrete not grass
  • & you said “I will pop your ass” you threatened to kill him?
  • No.
  • But you were threatening to shoot him. That can kill him pretty easily right?
  • Yes.
  • None of these were idle threats. Your guns were drawn?
  • Yes.
  • Can you imagine why protestors might be scared of getting shot at protests?
  • No.
  • Another cop threatens to shoot as well
  • At what day of the week does the right to unreasonable search + seizure apply [unclear: that]
  • Would not allow that question
  • Now you arrested several people at the scene & did a gunshot residue swab.
  • When was the last time you fired before that incident?
  • You handled Sikes’ firearms with your hands. Ines + Sikes in the car, another officer takes Soto to another car. Liz + Vanna have to get in car, all handcuffed. No one’s hands were bagged prior to the gun swab test. So we have someone who handled a gun handling all these people’s hands before swab.
  • New: you responded quickly.
  • If someone was outside the perimeter, they would have left before everyone else.
  • Next day, you went to 56th St house in Dallas + transported Autumn] to Alvarado.
  • Have you ever been called to a protest or been to one?
  • No.
  • You were pretty aggressive…
  • No one knew where Gross was at that time.
  • You were freaked out that they got past you. Say 4th Amendment doesn’t count in exigent circumstances
  • Have you ever responded to anything like this before?
  • No. Lunch — 12:35
  • On bodycams, officers talk amongst themselves like “this is a full terror attack” + mentions mental states. This is what the jury should be ruling on, + these speculations should not be shown.
  • I’ll make my ruling at lunch.

RS

  • on a general patrol, Ex 17 dash cam
  • original call was for a suspicious person at PDC
  • 2nd call was shots fired, officer shot
  • body cam & dash cam automatically activate with lights and sirens
  • travels down tanglewood drive, 1st officer to use that road to arrive
    -Parks end of street and is using spotlight
    Smoth points out a couple object on ground seen from dash cam that officer did not see in real time
    -sees a person walking dressed in black
    Ex. #16 Body Cam
    -shows Zapata meeting other officers and acknowledging they saw people walking, confirms people walking, the cops then stop that group and detain them.
    Ines says “I do not consent to a search” at least 3 times. several people say that as well.
    A cop says “you don’t have consent to a god-damned thing”
    Cop says something about “fucking around and find out today”
    open Ines backpack in street, find firearms, detain Ines and put him in vehicle
    -Ines says “dont say anything. don’t talk”
    -that is last ineraction Zapato has with group

Cross:

  • i. after lines pt in vehicle — Zapato goes to scene where Gross was shot
    -clarifies that several minutes passes between 911 call (which Zapata did not respond to) and Zapata arrived
    -Zapata agrees individuals were walking, not running, several cops agree they were walking
    “thats why initially did not grab my attention”
    “at no point did they try to hide from me”
  • Zapato says they were generally compliant but did not want to give up their backpacks.
  • Asks questions about Zapata training and police protocols for carrying taser, providing cover when detaining a group of people
    -Zapata “As far as I know everyone was taken into custody without incident”
    -Note Bauman was put into Zapata car by other officers and was recorded saying things during ride back
    -“I did not expect someone who just shot a police officer to be walking toward a police cruiser with its lights on”
    -none of group of 3 were wearing masks. at least one had short sleeves.
    Redirect
  • Smoth asks about why he wanted bigger weapon
    officer gives answer about why cop should always have bigger weapon, Smoth leads him to say actually its because an officer was shot
    -points out a rifle lying by the curb while driving down the street
    -dash cam shows a minivan leave scene after officer had left the vehicle
  • Next witness — Officer Solis
  • only on job 3-4 week on July 4th
    -riding along with other officer
    -shift starts at 6pm
  • she says different thing than others abotu first call. it was for fireworks at PDC
  • Code 3= lights and sirens
    Solis driving officer ?Ellison? passanger

Ex. 18 is dash cam
-says group has very calm demeanor
dash cam shows first group of five walking away and offiver Bell walking after them.
Ex. 19 Soliz body cam

  • thinks group of 5 were by standers who heard the shots and were going opposite direction
    -smith asking about parked cards and officers perception that no one was in any of those cars
    -Largely redundant restimony and video about detaining group of 5. one boy has a broken down rifle.

-Solis searches small bag of “white female” (Batten)
-Someone has a handgun in their waseban. Taken without incident.
-“what we carry for any type of injury, small or major” – Solis quoye about what she finds in Savannahs bag
-Includes tourniquet, and medical grade tape

Ex. 44 Med kit collected at the scene

Cross:

  • Does text exist on Amazon — yes
  • she recalls Bauman is the one who denies responsibility for the paint. captured on body cam.
  • Sergeant Mellow
  • supervises night shift
    “lots and lots of calls for fireworks calls”
  • lots of false reports of shots fired mistakenly when it was actually fireworks
  • says prarieland call was for “someone trying to break in”
  • says they were only 1/2- 1/3 mile away when they got shots fired call

Cross — asks about searching backpacks of people , suspects of people who were not under arrest.
-officer agrees that officer safety had been addressed once officers removed bags, didn’t need to search them, could have maintained “status quo” until warant was aquired

  • patrol officer
  • same questions as previous officers
    person who first stopped group that were walking away
    -was at Quick Trip when call came in
    sets up perimeter when arrives
    -asks the question about seeing anyone in the parked cars, he doesn’t
    -yells, “hey come here let me talk to you”
    -asks, “where y’all coming from”
    -thought answer of “just walking” was suspicious
    -tells them to sit down, pulls gun on them and gets aggressive

Cross:

  • great questions about Ines obeying every lawful order and officer still pulls guns and threatens to shoot him “I will pop your ass”
    -says “were not doing that today” when told they do not consent to a search
  • asks about how confiscated guns were handled, not bagged, placed loose on front seat, detainees hands not bagged in anticipation of gun powder testing later

” Can you see why protestors might worry about being shot by the police?
No

  • redirect:
  • Asks if has ever policed a protest anywhere?
    No
    “what was going through your mind?”
  • say he was scared, referenced offiver Gross and said these folks were “possible suspects”

2-26pm

After Lunch

  • 701 & 704 objections to some video clips where cops are talking amongst themselves and commenting on arrestees.
  • overruled

Johnson County Corporal Graham (Sheriff Office)

  • Special response team, which is highway auto/interdiction
  • 4 members on the team, all on duty on July 4th
  • Staged at BRT, officer Bell was also there; all went to scene w/in a few seconds of each other

Ex #15 11:02 arrives on scene, these are the officers that go straight to officer Gross

  • Perceives himself as first person on the scene with controlling authority.
  • 3:46 seconds after arrival he sees someone lying in grass.
  • Says “show me your fucking hands” — approaches and a second officer grabs person. Joy Gibson.
  • Has knife on her but no gun.
  • Has radio on her in ear piece, had noise depression headphones
  • After Joy in custody, search scene, find rifle casings.
  • Sees minivan leaving area, claims he sees that the driver is dressed in all black. 8 minutes after Gross was shot.
  • Says he got a bad feeling / suspicious feeling of the van leaving.
  • Says on the radio that everyone leaving needs to be stopped.
  • No cross examination

Carl Parsons Johnson Co. Sheriff, officer

  • Was outside Alvarado City Limits when received call of officer involved service.
  • Officer who [strikethrough: stopped] assisted with the red minivan traffic stop
  • Officer who [unclear: assists the stop]

Ex #23 Body cam of Parsons

  • 11:32pm video starts. Different officer ([unclear: Reilly]) made original stop.
  • Found pistol on the floorboard of van.
  • Megan Morris had a rifle in vehicle and pistol on their person. Rifle had full magazine and round in the chamber.
  • Pistol also full magazine and round in chamber.
  • Body armor and “other accessories” in trunk of van.
  • Finds ID of Autumn Hill in van as well.
  • Another rifle in case in trunk was also recovered, but this officer doesn’t search it. By this time other officers are also there searching the vehicle.
  • Autumn Hill’s purse was in the drivers seat — they allege [strikethrough: Megan] Morris was sitting on it while driving.
  • Comments: “this was a straight terrorist attack on Prairielands” — claims based on all the guns and the fact cop got shot is why he said that.
  • Claims that Morris told officer Reilly that she had driven people there. unclear if a specific number of people were specified.

Cross

  • Asks about where the traffic stop happens, clarifies that this officer didn’t make initial stop.
  • Asks if Morris was compliant, agrees she was and was respectful to law enforcement.
  • Parsons transported Morris in his Tahoe back to PDC to the established control area.
  • Asked if he knew only one person carried a gun. No he did not know. Asked if he assumed. No he did not know. Asked if at PDC, he says yes everyone was carrying a gun at PDC, he says yes and was unaware only one person was carrying a gun there.

Johnson Officer / Deputy Jimmy Word?

  • Another responding officer to the scene of the van search.
  • Reacts strongly to finding two sets of body armor plates, and 4–5 more magazines in the plate carrier.
  • Ex #1 is rifle found in trunk, shown to jury.
  • Small [unclear: piston] radio with long antenna found in van also.

Cross: asks about why he commented it was a coordinated attack, and if he still thought that after what he knows now, he says yes.

Johnson Co. Deputy William Reilly

  • Pulled over Megan Morris, saw firearm in vehicle.
  • Took her out of vehicle and detained her in back of police vehicle.
  • Says she was wearing all black but no mask.
  • Says she did not appear to be intoxicated, but maybe a little afraid.
  • Megan says she dropped friends off at protest, says “those are her guns.”
  • Said she met people online and dropped them off to make some noise.
  • No cross examination

Alvarado PD Breck / Seth McDonald (Sergeant)

  • Traffic division supervisor, and drone pilot
  • Arrives to PDC an hour after media began
  • They flew drone using thermal and capture imaging.
  • Doesn’t find anything with the drone, found when batteries run out — starts foot patrol at neighborhood looking for evidence, finds rifle on the ground.

(8)

  • Round stock somewhere around chamber, or in the “mag well” and caused it to cam. Took 2 people to both pull on it to break it apart.

Ex #23 Rifle shown to jury, very up close.

  • Rifle has a scope, light, and bipod.
  • Officer claims / alleges that the rifle was shot and had been damaged, and that’s why they couldn’t get the magazine out of it.

Cross: Sony’s lawyer asks some clarifying questions about how that damage impacts the operation of the rifle.

LT Johnston Gates Ennis PD

  • Supervises the patrol sergeants.
  • Stationed at perimeter until after 2am and then starts to head home.

Ex #28 Dash Cam — — Ex #29 Body Cam

  • [unclear: McDonald] is driving back to Ennis, sees someone [Zach Evetts] walking, wearing black clothes. Says was walking with traffic, and not against it, which is a violation.
  • Pull behind walker, immediately tell him to put hands up and get on his knees and turn away from them. 2:36am.
  • Claims he had “shooting glasses” — aka safety glasses in his pocket(s). Had black gloves on him.
  • Evetts doesn’t ask the cops why he is being detained or what is going on. Just stands there in cuffs.
  • Tells them where his wallet is in his pocket.
  • Find black face mask in pocket.

Detective Spurlock Ennis PD (8.5)

  • was with Lt. Gates when they stop and detain Evetts.
  • Basically some shit about his body cam, even the [unclear: Sony] — some comments about — “tactical gear,” tho it’s basic athletic / workout clothes and they say “tactical pants” but could be saying work pants all the same.
  • Point out his gloves has burrs or ground debris on them. clothes wet and muddy.
  • intersection 2738 & hwy 67, next to food mart.

Cross: asks about him hearing a “bizzare dispatch” about someone with a flashlight at PDC

  • original 911 call said nothing about attack.
  • officer confirms he cuffed him and placed him under arrest
  • confirms that evetts was compliant with no signs of stress or fear, and completely peaceful.

Kim Burns CSI for Johnson Co. Sheriff

  • Walks the scene when arrives at PDC, along with TX Ranger Hill. Took pictures of scene.
  • Ex #52 — photo album of pics from the scene.
  • Pics of .556 rifle rounds.
  • Cooler full of fireworks and a bottle of water
  • grafitti of “fuck ice” on guard shack
  • pictures of backpacks and body armor and weapons left behind.
  • 3 vehicles parked along tanglewood
  • soft case with a gun and a rolling cart.
  • damaged cars in parking area. grafitti and tires slashes

(9)

  • Walkie talkie
  • used fireworks
  • lighter
  • Some clothing items.
  • ear protections
  • 51–60 pics overall

Ex # 57 pics of clothing items that people were wearing

  • shows many dozens of pics of all the different clothing items people were wearing
  • yes black but many examples of what i would call athletic clothes / workout clothes, not tactical gear. i.e. evetts shirt was underarmor brand. sikes hoodie was everlast brand.
  • flag that says ‘resist facism'(american flag themed colors) was with cooler of fireworks.
    some shoes were not black. saw white & pink shoes and brown shoes.
  • over 150 pic of the clothes

EX #55 pictures of redecorated cars in PDC parking lot
Ex #34, 35, 36, 37, 45, 47, 48, 49, 199, 204, 205, 206 are in the courtroom and shown to the jury

  • 34 — weapon found on way in, a rifle
  • 35 – 9mm taken from a back pack, didn’t hear from who
  • 36 – hand gun taken seth sikes
  • 37 – broken down rifle taken from group of 5
  • 45 – vest
  • 47 – song’s neon ‘facemask’ which is a neck gator not a facemask
  • 48 & 49 – shell casings, 11 total
  • 199 – broken surveilance camera & parking lot light
  • 204 DNA tests, cheek swabs.

TJ

— Reason is the life of the law; nay, the common law itself is nothing else but reason.

  • 8:45
    -8:55

Dashcam and not consent video
— I do not consent

  • “If you move you will be shot” officer
    obj OR
    -Jury 9:05

Officer Zapata — witness
Alvarado PD

  • Disp. — at PL → suspicion of shot fired @ PDC
  • shots fired
  • walking — all black — tactical; not arm. → suspicious
  • initially due to 7/4-— Officer Solis & sgt
  • detained group, took backpacks & searched; firearms found
  • do not move you will be shot
  • all say I do not consent to search — ?
  • objection OR
  • IS detained, not yet arrested
  • > telling others not to talk

9:35 — Defense cross — timeline

  • assumption — of shooter
  • 5 ind walking — did not get witness attention
  • not running — generally compliant up to backpacks, uncooperate
  • 3 of 5 had backpack

9:45 — @ Zapata background

  • training & restraining, restraining group

Situational awareness

  • Tunnel vision — failure to observe & note surroundings
  • adrenaline due to shots fired information
  • coercion to testify? — no, only review
  • not expecting shooting suspects to be walking toward police car
  • Clothing appeared to be tactical — no one in masks
  • to detain = detained, not arrested — no triggering of constitutional rights

10 — Cross attorney — why a rifle necessary

  • Obj OR

Def redirect — Tunnel vision again (Rifle on road? Defendant had rifle?)

  • Mini Van — separate from group

10:10 Break —

10:30 — jury return; judge return

  • Officer Solis called witness
  • new officer 3-4 weeks out of academy
  • Video Body cam
    — initial call @ fireworks at Prairieland
  • — later call: shots fired — one on the run w/ rifle, wearing black
  • calm demeanor among group
  • all walking calmly and quietly on video
  • all from officer involved shooting
    • (mini-van)
  • all black w/ backpacks & calm demeanor — suspicious
  • after call @ shots fired
  • Perhaps the group was involved in shooting
  • group become non-compliant @ backpacks; all stated they do not comply — backpacks searched
  • broken down rifle in backpacks
  • gun in waistband of female
  • first aid kit w/ tourniquet found
  • in small bag

Def Att. 11:04 — no cross

  • someone blaming another for vandalism and damage
  • 11:06 — Witness reheard, subject to recall
  • next witness — Sgt mellow 3 yrs @ Alvarado PD
  • Body cam video @11 call @ [unclear] at Prairieland
  • frequent responses to Prairieland
    • call @ shots fired
  • calling to stop “those people”; red mini-van again
  • searching backpacks of group

Def Att. 11:16 — What allowance to search when suspect detained, not under arrest. Illegal search of packs?
-> no allowance, arguably.

  • O riot arrest, O fireworks arrest

Redirect — search — witness dismissed subject to recall

11:20 —

  • New witness Bell; call @ purple @ Prairieland
    (many calls to the facility)
  • call — shots fired, rifle
  • body cam video & dash cam

Stops 5 people walking, asked what they were doing — appeared suspicious; made them sit; commanded not to reach into pockets or backpacks

  • Defense 11:35 — group not threatening, generally compliant up to attempt to search packs
  • No masks; did not appear to be violent; surrounded by two cops; Ines asked to sit in concrete; threatened by Bell that he would shoot; complied with all; asked permission; Bell threatened to “I will pop your ass”
  • Another officer — don’t move or you will be shot
  • At least 3 threats by cops to shoot.
  • invoked 4th — cops said will not be doing that today, take off god damn backpacks
  • appears to be violation of constitutional rights
  • Next defense att:

Redirect — Bell

  • never been to protest at all; concerned @ suspects & Gross
  • Lunch — dismissal, sub. to recall
  • def obj

Afternoon: 12:40
Witness Officer Gramm

  • Time line of events: response to call of shots fired while at OT
  • Body cam footage
  • Suspect laying in grass, not a threat
  • Suspects have body armor & rifles
  • has knife, all black
  • wearing hearing protection, walkie-talkie — proof of communication coordination

Defense obj — leading; witness sustained

  • no cross examination

Witness Karl Parson — Deputy-four years law enf, Johsnson county sheriff office deputy

  • 1:01 —> timeline of witness activity
  • responded to officer involved shooting call
  • Body cam footage
    -Defense objection — redaction from video
  • Red mini-van traffic stop — found pistol, loaded
  • MM — black tactical clothing; found rifle, magazine
  • additional firearms in back of vehicle; body armor
  • called in for doc purposes/ additional firearm cases and accessories
  • assumed coordinated domestic terror attack after call @ shots fired; coordinated

One person in the car [circled/noted]

  • Dep. Riley — initial traffic stop
  • Defense challenging assertion of coordinated terror attack
  • Witness unaware of any activity discussed shooting
  • arrest of 5 people near Prairieland

Next witness Johnson SO — patrol officer

  • NSP to call officer involved shooting
  • 4–5 loaded rifles, one unloaded
  • trauma kit
    Obj to speculation — sustained
  • identifying driver
  • Megan-Morris, Aumtumn Hill must drive — confusion — 2 IDs found in van

(No leading objection necessary — Pittman) [circled/noted]

Defense cross 2:05 — assertion

  • challenging assertion of coordinated terror attack

2:08 — Witness excused, subj. to recall

→ Detective William Riley — Johnson county SO — 6 years

  • now with Dallas county
  • responded to call @ officer shot; stopped minivan
  • found loaded magazine for pistol in floorboard
  • MM — dressed in all black
  • objection to misgendering- sustained
  • read Miranda to MM
  • Body cam review
  • connected MM to Prairieland based on radio calls

Break —
→ more trauma kits, weapons brought in

2:40 —
Sgt. McDonald → Alvarado PD

  • arrived Prairieland after midnight; searched for evidence
  • drone / thermal imaging; physical search on foot
  • found rifle, high capacity magazine
  • Cross — 2:53 — questioned mag size in rifle

John Bates — Venus PD

  • on scene 10:30 or 11
  • perimeter security
  • dash cam, body cam footage
  • July 5, 2:35 AM

ZE — suspects in all black, tactical walking in violation — 2:30 ish in the morning

  • [unclear: matched] description
  • 2:36 body cam
  • found [unclear] on suspect, and gloves

Cross 3:15

  • (Walking on wrong side of the road)
  • no weapons, no ammo, no warrants / wearing all black —

Re-direct Harris / Spurlock

  • Detective Venus PD
  • Body cam footage
  • same as previous witness

Witness Kim Brus, CSI of Johnson County sheriff office

  • Testimony relevant to photos of crime scene markers
  • marker noting spent rifle rounds, .556 caliber
  • several assault rifles and 9 millimeter pistols and accessories
  • as well as shell casings, body armor, trauma kits — admitted into evidence, all taken from defendants.

XJ

8/26 — 8:57am — Judge arrives

  • Attorneys make appearances
  • Judge: “Seats available in courtroom” — But bailiff hadn’t let people sit on far right row.

XJ AM — Judge

USA/Batten Winslow: “I do not consent”
“Everybody, do not say anything” } said by defendants so should be a [no word here – reviewer]

  • Batten objects that opponent party statements should not be admissible, since it is unclear from video who made what statement.

Judge wants to see Ex. 16 Timestamp: 23:08:25 —

USA says it’s I. Soto saying that people shouldn’t say anything
Timestamp 20 —> Video shows 3 females — 2 males being arrested. During arrest, “do not consent” is heard → Judge Says that “residual hearsay” rule should allow statements in.

  • I. Soto objects: Right to counsel invocation should be inadmissible.
  • (( Judge overrules all objections. ))
  • Evetts: Explains that video shows right to counsel invocation. Defense asks whether video will be redacted. Judge overrules wholesale objections. Defense clarifies that request is for redaction of video to be sent to jury. USA confirms only redacted version will be played and sent to jury.
  • Judge says that he will clearly want to see only redacted version

9:07am → Jury brought in

USA witness #7 Officer Zapata (ofc.) — Alvarado PD officer since July 2023

  • On 07/04, was on general patrol.
  • Around 11:00pm, received a call.
  • Dispatch call said “suspicious person” at Prairieland detention.
  • Radio came in from Lt. Gross saying he got shot.
  • Ofc. was on highway, approx. 2-3 miles away from Prairieland
  • Was driving marked cop car w/ siren

EX. 7 -> In-car camera on ofc’s Zapata

admitted & published

  • Video shows headed dashcam of Ocf’s car. Front view
  • Driving west on Tanglewood Dr.
  • He heard that “suspects” were going on Tanglewood Dr.
  • 07/04 23:03 (11:03pm) He was first officer to arrive on Tanglewood Dr., but not first officer on the scene.
  • 3 minutes after shooting
    EX. 60: Aerial view of Prairieland shown. Ofc marks on map where he wsa informed that “the suspect in quesion” was going down Tanglewood Dr.
  • Ofc shows on map around where he made a U-turn to find “the suspect”. He parked his vehicle at the end of Tanglewood & then got out.
  • Ex. 17Shown again.
  • He was using a spotlight, looking for someone in all-black who might be armed. It was night time and raining. 4 mins, 15 seconds after shooting:
  • While driving, sees a “figure” at ed of Tanglewood, near Burnette
  • Dashcam shows some “objects” near road, but he did not see them that night while driving
  • Dash cam shoes him “staging” vehicle, cutting off any traffic.
    (Objection, leading, sustained)
    Ofc. sees individual walking. Ofc. was not alerted b/c it was 4th of July, so there might be people walking around, and it could be a police officer in tactical gear
  • Video removed

** Ex. 16 ** Body camera of Ofc. Zapata
(23:05 real time) 5 minutes after Gross was shot
(Admitted & Published)

  • Video shoes Ofc. talking w/ other people, other cops. Sgt & Ofc Solis of APL
  • They discuss the “group” walking towards another cop car
  • Ofc Zapata says that he thought the group was other cops. He then says that they should stop them. Video shoes other vehicles
    (23:06 real time) -> At this time, officers detain people and search their backpacks

** EX. 60 ** -> Ofc. Zapata points to map where stop occurred

** Ex. 16 ** Body cam video shows officer running to people and says “do not move, or you’ll be shot”. People as if they have a warrant. People say they do not consent to a search. Ofc. threatens I. Soto that he’ll be shot if he moves.
Ofc was trying to take his backpack. Ofc. remembers firearms were in the backpack, as well as Ipats [unsure of this word – transcriber]. He cannot remember all found.

  • Ofc. was the one who took the backpack.
  • Video shows people saying they do not consent to a search.
  • Ofc. grabs backpack on the video, from I. Soto

** EX. 30, p. 61 ** Ofc. report shown to refresh recollection
-> Hill objects on improper refreshment. Overruled

  • Ofc places I. Soto in handcuffs on video
  • Video shows someone saying “we have a gun here.” unsure who said it.
  • Ofc Bell searches Rueta’s backpack. Video shows another tropper actually going through I. Soto’s backpack
  • Ofc. Zapata tells I. Soto he is detained, not arrested, for investigation.
  • On video, I. Soto yells “don’t say anything, don’t talk” to rest of group
  • This ends Ofc. Zapata’s involvement

BATTEN CROSS

  • Ofc. Zapata did 16 probable cause affidavits at the jail.
  • After placing I. Soto in cop car, he heard from Sgt. Mellow that they discovered another person, so he went help w/ that
  • The cop car where I. Soto was Ofc. Bell’s

DEFENSE

  • Asks if Ofc. knows of 3 groups (USA objects, overruled, “do not coach” said to USA)
  • Ofc. confirms there was a 911 call, which Lt. Gross was the one who responded to
  • Ofc. Zapata was only dispatched after Lt. Gross made the backup request
  • Ofc. Zapata took “a bit longer” to get there
  • A span of minutes passed since 911 call and Ofc’s arrival at the scene
  • Does not know whether correction officers made the 911 call
  • Did not see anyone in Tanglewood Dr.
  • Ofc. refuses to say it’s a long street
  • Another Ofc. (Trooper) told Zapata that people went down Tanglewood Dr
    • Other ofc. sait it was THE SHOOTER who went down the street
  • Sgt. Mellow & Ofc. Solis were talking w/ Zapata
  • Cop group talks about 5 individuals were talking, NOT running
  • 5 individuals are walking on Burnette when stopped
  • Ofc Solis says the 5 individuals were “walking”
  • Radio says the 5 people were “walking”, not running
  • The 5 did not try to hide
  • The 5 are never mentioned to be sweaty or have been running
  • No wagon carried by 5 indiduals
  • 5 were compliant until time to give backpacks
  • How many had backpacks? – 3 of the 5
  • Goal of Ofc. Zapata was to find the shooter
  • Ofc. Zapata confirms he did not find the shooter among the 5
  • That night, Zapata couldn’t be sure one of them was the shooter

(Judge talks about whatever)

MORRIS CROSS

  • Asks about police training
  • On 07/04, Ofc. Zapata had already finished 3 month training program
  • Police academy teaches how to take down individuals based on cop uniform & gear
  • When Ofc. Zapata approached, he noticed other cops had their firearms
  • Ofc. Zapata believed he could have been authorized to carry rifle -> Zapata did not have a rifle w/ him
  • APD has less than lethal devices: tasers
  • Cop shows to the juror the yellow taser on his hip. Firearm is on the other hip
  • Training is to draw taser, instead of firearm
  • In training, backup cover is required, when approaching a group -> Video shows a chaotic scene, instead of “textbook training”
  • Backpack searches should not occur while people are unrestrained and with a firearm on hand?? -> Zapata dodges questions
  • Ofc. Zapata used regular handcuffs on I. Soto
  • People’s actions were compliant
  • “Situational awareness” (SA) explained: Cops have to be aware of the situation they’re in.
  • SA here, nothing caught Ofc. Zapata’s attention while driving
  • Zapata only noticed people after at end of street
  • Zapata had “tunnel vision”, ONLY searching for someone running w/ a gun
  • Ofc. has not done a cop training mentioned
  • Ofc. is trained to put aside tunnel vision, but it is human instinct
  • Ofc. agrees that “softer language” comes w/ more years in the force

HILL CROSS

  • Ofc. reviewed all videos with attorneys
  • Ofc. has never reviewed entire dash cam
  • Ofc. does assist another arrest, Sgt. Mellows
  • Ofc. dash cam captures other arrest
  • Arrestee starts talking (“eager”) to talk w/ Ofc. Zapata as he gets arrested -> Arrestee has to be told not to talk after arrested
  • Arrestee is also charged in this case, He blames “lies” for vandalism & spraypaint
  • Ofc. only recognizes items on his dash cam after USA pointed the items to him
  • Ofc. describes “tactical” clothing. He thought backpack was a vest and saw black combat boots
  • He “did not expect someone who had just shot an officer” to walk towards a cop car
  • Ofc. confirms clothing was not “tactical” Vests, weapons, gloves, masks, boots make clothing tactical
  • 5 people were NOT masked
  • At least 1 person had uncovered arms
  • Report describes “all-black body armor”? -> No, just describes black clothing
  • Ofc. INITIALLY thought it was “tactical” but then realized it was not
  • On scene, ofc. handcuffed I. Soto. Ofc. wanted to not trigger Miranda & inform him of the situation
  • Ofc. confirms detention vs. arrest is to not trigger Miranda rights
  • Would you be able to review body cam this afternoon? -> Hill invited Ofc. to his office to review it

USA REDIRECTS

  • Ofc. would have liked to carry rifle to not be “outgunned”
    (Objection, relevance, overruled)
  • Ofc. explains that it’s a residential neighborhood & he wanted to protect the community
  • Ofc. says that a cop just got shot, so he was concerned about public safety

Dashcam pulled up again

  • Ofc. says he was driving 10-15 mph on Tanglewood Dr
  • Video played to time how long it took for cop car to drive down Tanglewood Dr. Video shows cop car driving, driving, driving -> 1 minute until dash cam shows 1st person’s silhouette
  • Video keeps being played. USA asks about object near the road
  • Ofc. explains his tunnel vision and how he was looking for someone escaping -> He did not know there were more people involved
  • 4 minutes after the shooting
  • USA describes object on the road as a “rifle”
    (23:07:50 timestamp) -> Ofc. is discussing group of people walking -> additional dashcam is played. Video shows a “minivan” leaving. Ofc. did not see that minivan at the time

BATTEN RECROSSES

  • Ofc. does not know who was on the red minivan
  • Ofc. confirms that 5 people were separate from the red minivan
  • Red minivan was close to the rifle seen on the road on the dash cam
  • 5 people detained: I. Soto, Bauman, E. Soto, Batten & another one

WITNESS SUBJECT TO RECALL
(Judge comments it should be a quick witness)

USA WITNESS #8
Ofc. Solis: Witness rolls in boxes of stuff, in carts. Judge announces break

BREAK 10:10am, 15 minutes, Back at 10:33am

OFC CARMEN SOLIS, former Ofc. Now Exec Assistant to Chief of Police

  • On 07/04, was fresh off academy, 3-4 weeks. Was driving w/ Sgt. Mellow
  • Sgt. Mellow was training Ofc. Solis on day to day routine
  • On 07/04, began shift by preparing vehicle. Was patrolling streets & businesses, driving around. Shift starts at 6pm
  • Received call on 07/04 night. Service call was around 11pm.
  • Initial call was NOT for active shooting, but for fireworks close to Prairieland. Officers did not think this merited emergency response
  • They normally headed towards Prairieland, w/o speed or lights & sirens
  • Then they heard Lt. Gross saying shots fired, etc. -> They turned on their lights & sirens & headed to Prairieland
  • Ofc. was ~2 minutes away from Prairieland

** EX. 18 – Dashcam of Ofc. Solis (admitted & published)
(23:04, 11:04pm) Video pulled up

** EX. 60 – Aerial map of Prairieland shown. Ofc. points to left of motel area

  • Says that cruiser was near Tanglewood & Burnette

** EX. 18 – Dashcam video shown. Ofc. Solis had gotten out of the car by this point

  • A person is seen walking past her car. When this happened, Ofc. Solis was conferring w/ Zapata & Mellow on the 5 people
  • Ofc. Solis first thought the 5 people were being ushered away to safety because of their calm demeanor
  • Both females have backpacks. Male has backpack. Another female seen with a backpack. Ofc. Bell seen on video of dash cam

** EX. 19 – Ofc. Solis’s body cam (admitted & published)

  • Bodycam played. 5 minutes before from prior dashcam video.
  • Video shows Ofc. Solis driving w/ Sgt. Mellow
    (23:00 timestamp) -> Radio makes call for help -> “3 males, all black” heard on video
  • Ofc. drives faster. Radio reports “officer- involved shooting”, – Lt. Gross
    (23:01:57 timestamp) -> Car is driving w/ rock music playing
  • Ofc. Solis says “that’s Bell”. They pull over and get out.
  • They start searching for 3 suspects down Burnette

(23:04 timestamp) – Bodycam shows 5 individuals walking

  • Bodycam shows a red minivan, w/ an officer next to it (Sgt.)
  • Ofc Solis flashes light into minivan, and it’s empty
  • Solis thought the 5 individuals were leaving area after hearing the shots
  • Ofc Solis -> “O thought you ushered them this way”
  • “Just a bunch of people” walking -> Ofc. Solis knew “something was wrong” b/c they were wearing all black and had backpacks
  • Ofc. Solis says “they’re wearing all black”
  • Nobody in any of the cars parked
  • Ofc. Solis walks towards the 5 individuals. They “figured” they were part of the group who shot Lt. Gross. She decided that it was exigent to aim at the 5 people to secure them. Solis says the 5 individuals were not as compliant when asked for their backpack
  • Officers got aggressive when they do not agree to give their backpacks. “I do not consent to a search” said by the people. The officers take the backpacks (“I don’t care”)
  • Ofc. Solis searches the backpack
  • Solis’s bodycam shows a gun being taken from one of the people (male)
  • Solis asks if “y’all have any weapons on them” Female says “No”
  • Solis actively searches backpack of Batten. Full search of all contents. Batten’s backpack has face mask (black ski mask) & med kit. Med kit has tools for “gunshot wound”
  • Solis searches entire contents of Batten’s backpack. Finds tournequet for “massive bleeding”
  • Solis moves on to search Rueta’s backpack
  • Backpack has more black clothing and medical grade tape “to wrap up a wound” -> black hat, black sweater, black bandana

** EX. 40 (admitted)

  • Solis steps off stand to boxes of stuff that has been laid out
  • Solis goes through carts and boxes
  • Solis brings w/her stuff. Solis explains thaat she found medical grade things on the boxes, which was from the backpack that night.
  • Solis shows inside of first aid kit: gloves, wound gauze “for big holes” and tournequet “to stop bleeding”. -> IFAC “individual first aid kit”

SANCHEZ CROSS

  • Kit can be bought on Amazon. – Yes

HILL CROSS

  • Ofc. Solis arrested Bauman, on body cam
  • Bauman started telling her things, blaming others
  • of spraypaint? -> “No” Bauman was blaming himself for the spray paint
  • Bauman mainly talked w/ Sgt. Mellow, and this is shown in bodycam

NO REDIRECT, SUBJECT TO RECALL

WITNESS #9 SGT MELLOW

  • 3 years on APD
  • 07/04: Interim Sgt. for “delta shift”, night time
  • Supervised 3 cops on 07/04 night
  • All night long, lots of calls from fireworks & reports of “gunshots”
  • 07/04 tends to be busy night
  • 07/04 11pm, call that someone was breaking into Prairieland -> He and Ofc. Solis start driving towards Prairieland, & then Lt. Gross made call of shots fired
  • Twice a month reports to Prairieland, tend to be “not big deal” there
  • Sgt. thinks “we need to get there ASAP.” They were 1/2 mile to Prairieland
  • Sgt. is supervising Ofc. Solis that night, as a trainee

** EX. 20 – Sgt. Mellow’s bodycam, activated when Ofc. Solis furned on bodycam
(admitted & published)

(23:03:05 [might be 23:05:05 – transcriber]) – already parked at Burnette. 5 minutes after shooting

  • Sgt. asks other cops “who are those people over there”
  • Sgt. tells cops on radio to stop “those people walking”
  • He explains that Zapata seemed to be pushing down the road the 5 people
  • Bodycam shows red minivan. He shines light in there, and there is nobody in there, or in any parked vehicle
    (23:09:37) – At this point, Sgt. is standing behind people stopped
  • Sgt’s body cam captures trooper searcing a backpack & 5 individuals
  • Backpack had 4 first aid kits, visible on bodycam

MORRIS CROSS

  • 5 individuals were only stopped, not arrested
  • What policy allows for search while detention? -> “For officer safety” -> searching the backpack of people who were not under arrest
  • Officer savety is “relieved” after backpacks are secured
  • No danger when backpacks were taken away
  • Defense: “did you do an illegal search?” – “I was present when other agents were searching the bags”

HILL CROSS

  • No riot arrests that night
  • No “possession of explosives” arrests that night

USA REDIRECT

  • No calls of people shooting fireworks at houses
  • If someone had done that, it’d be different
  • Exigent circumstance for search: Lt. had just been shot, and people “were not cooperating under any measure”

WITNESS SUBJECT TO RECALL

USA WITNESS #10: Ofc. Darius Bell

  • APD Officer
  • 07/04 patrol officer that night
  • Started shift 6pm
  • Got call around 11pm while at Quick Trip “call that there were people at Prairieland w/ flashlights trying to enter the building”
  • Usual calls at Prairieland are “small stuff”
  • Bell didn’t think much of call, but then the Lt. Gross call came in: “male w/ a rifle” “shots fired”
  • QT was 3-5 minutes away
  • A DPS Trooper and JoCo deputies were at QT

** EX. 21 – Bell’s bodycam (admitted & published)
(23:02 timestamp) – Video shows Bell talking to Mellow & Solis, asking to set up a perimeter at road they were wince they didn’t know where Lt. Gross was

  • They did want “suspects” to leave the area
    (23:04 timestamp) – Bell is looking around and identifies an individual in all-black
  • Bell sees the 5 individuals walking pas him. He walks past vehicles and sees nobody in them
  • Bell is walking down the road. He yells “hey, come here” at the 5 individuals
  • Bell did this in response to Sgts order on the radio to stop the 5
  • Bell approaches them and asks where the folks are coming from
  • Someone (male) says “just walking.” Bell says “from where?”
  • Male does not answer
  • Bell thinks this is suspicious
  • Bell “Don’t nobody reach for nothing. Sit down. Do not reach for your pocket! I will pop your ass today, do not even fucking play” -> I. Soto asks if they can sit on concrete, Bell says yes
  • Bell got aggressive b/c they looked suspicious, someone had been shot, they were just walking so late, etc.
  • Bell did not recognize the 5 despite traveling in that neighborhood before

E. SOTO CROSS

  • 5 individuals did not threaten or ambush Bell
  • 5 individuals could have hurt Bell if they wanted
  • Remembers Seth Sikes. Points out to I. Soto & E. Soto & Batten, all wearing jeans, no face covering
  • There were plenty of other officers, and they did not hide
  • The 5 stopped and complied
  • Grass was wet. I. Soto asked if he could sit down & Bell responded he would shoot him till he was neutralized
  • I. Soto had complied w/ all orders. “I’m gonna pop your ass” is not a death threat, it’s a threat to shoot, which can kill someone.
  • Off camera, another officer says “do not move, or you’ll get shot”
  • They were not a threat
  • Would protesters feel
  • Have you heard of the 4th? – Yes, freedom to be free of unreasonable search
  • They invoked the 4th -> “we’re not doing that today” – Bel
  • “Take off your goddamn backpack” – Bell
  • 4th Amendment applies to everyone
  • People have the right to protest at nighttime while wearing black and having their face covered
  • Ofc. Bell transported people to somewhere near Prairieland & then to APD.
  • “Gunshot residue swab” on the individuals was done at some point then
  • No gunshots fired by Bell that day
  • Bell disarmed Sikes. Bell put the gun in front of the car -> I. Soto was placed in same car -> Sikes was placed in same car
  • I. Soto was removed from the car to another car
  • Then, E. Soto & Batten were put w/ Sikes. All were handcuffed
  • Nobody’s hands were gloved before gunshot residue
  • Sikes, who had a gun, was all over the car, prior to the gun swab

HILL CROSS

  • When Bell got there, other officers were there
  • Once Bell arrived, he radioed to set up the perimeter
  • Different law enforcement agencies were there
  • Other people could have left before Bell got there
  • Went to Dallas to pick someone up less than 24 hours later at 56th St. Picked up Autumn Hill from that house

USA REDIRECT

  • Has never responded to a protest
  • Has never been at a protest
  • Why was Bell aggressive? – Nobody knew where Gross was, “possible suspects” were there, they didn’t know what the suspects were doing or what they had, and they could have shot
  • This was an exigent circumstance
    (objection, leading sustained, relevance overruled)
  • Biggest case he’s ever been to

11:48 am lunch break

12:35 pm back (45 minute lunch break)

Hill mentions EX 22, 23, 24, 25 body cams. Bodycan has conversation b/w officers and their opinions, as they search things. 704 objection, opinions to be decided by jury. USA opposes.

-> to be ruled after lunch

Trial: USA v. Song, Hill, Evetts, Morris, Rueda, Batten, Sotos, Sanchez Estrada
Court: Fort Worth, TX
Date: February 26, 2026
Pages: 21
Note-taker: XJ/PM


Judge back
→ Addresses entrance objected to.
701, 704 objections to video.

  • “Lay opinion” “opinion” objection
  • USA reports that the statements are just reactions, made at the time.

= Overruled: Officer real-time commentary, no hearsay.
Overruled: Regarding ultimate issue objection, the video has just rational reactions of the officers. There are officer opinion based on personal knowledge and experience. They are also recorded present-sense impressions & restricted hearsay.
Hill confirms that judge has seen the specific video at issue.

Jury back | USA witness #[?] | Corporal Gresham → Johnson County Sheriff
(Cpl.)

  • Cpl. was in special response team on 07/04. Started shift at 4pm.
  • 5 SRT people active that night.
  • 07/04 11pm, at Alvarado QT → ½ mile from Prairieland
  • Was with APD off. Bell at QT. Heard radio, that someone was running away from Lt. Gross. He then heard that shots were being fired. He was driving in cop car and then turned on lights & bodycam as he started to the scene. Started driving after first call from Gross.

EX-15 → bodycam of Cpl. Graham [?] 07/04

  • admitted & published → 23:02:20
  • On video, Cpl. just got to scene & heard that Lt. Gross was shot.
  • Cpl. approaches Gross at Prairieland. Someone says “He ran that way.”
  • Cpl. helps Gross get into cop car.

(3) [?] – saw the injury on Gross

  • took over the scene & secured it
  • Video, trying to get radio to show where he’s located, asking reporting units to go to neighborhood to set up perimeter, to use the [?] the clips of Prairieland
  • 3:48 seconds [?]
  • Cpl. says “5-1” in Texas magazine has a gun [?]
  • After this, they secured and you can see [?] fleeing [?]
  • In the area near where Lt. Gross was shot.
  • Cpl. shouts this, in the shooter hiding, wearing all black suit [?] [illegible] hurt [?] down
  • The pistol was lobbed [?] deployed [?]
  • Cpl. had 3 other people who were with them, and [?] these [?]
  • Cpl. potentially discusses what he [?] guns [?] → had access to a weapon, a rifle, a car, and ammo, and pieces of supplies
  • Cpl. was concerned w/ there was a rifle, showing potential quantity of ammo, was unsure of the person. The J. Sep Grinton [?] was only
  • Cpl. had help here: they’d take [?] radio, the [?] secured the area, they stopped [?] the mini-van and looked when they stopped.
  • Looks like A down [?] 3:58
    Ex. 3.6 [?] → scene is recovered. They show the car → the cable [?]
    → close to where Grissom was. [More than this]
    → on bodycam: a red mini-van is seen. The red van was more clearly shot at scene and left. The driver was wearing all black. In that county, people are noisy when they can’t place a body.
  • He pointed to neighborhood: a dense [?] place, very familiar w/ this street. To the shooting was 500 [?] the not minimum.

[circled: X] – Cpl. tells everybody in neighborhood needs to be stopped

  • On radio, cpl. described red mini-van on the street.

EX-60 → Cpl. points to map where highway entrance is in relation to Prairieland

  • Cpl. decided to stop red mini-van based on their observations, red mini-van was “not normal” and driver description was all-black and “a cop had been shot!”

No cross | witness subject to recall | Carts rolled in with boxes.

USA witness #12 | Deputy Cart [?] | JoCo Sheriff’s deputy
Porshal’s ? → 07/04, patrol officer at JoCo — On duty 07/04

  • 07/04 around 11pm, was outside of Alvarado, answering to calls for service, a lot of fireworks calls
  • Received call for service to assist APD for officer-involved shooting
  • Heard on radio that a red mini-van was seen leaving the area.
  • Det. Riley called that he had stopped the red mini-van and asked for backup.

EX-60 → Dep. says stop was on highway intersection, off map.

EX-23 → Dep.’s bodycam — Still objection, hearsay w/in hearsay,

  • video will show what Riley told someone [?] and then told Dep. something.
  • Stephrens [?] asks jury to step away → 1:16pm
  • Judge will review bodycam on the seat. USA says that will not be playing that part of the video, so objection is overruled as moot.

1:20pm Jury is back.

EX-23 → admitted & published as presented by USA

23:12:14 timestamp → Dep. is approaching Det. Riley performing a traffic stop


(4) – video too: dep. approaching Morris who is driving the red mini-van

  • Dep. opens car & [?] passenger door and sees a gun on the dashboard and a rifle in the backseat.
  • Dep. said firearms in the backseat, through window
  • Dep. and officers. Det. Riley was detaining a Morris who had a pistol that was in her pocket.
  • Morris had even more firearms in the backseat vehicle
  • Dep. took items, firearms, unlocking them from the vehicle
  • Dep. says when they said “not seeing [?] command of ammunition out and the firearms: the firearms were fully fully
  • The pistol was fully loaded [?] unloaded
  • Dep. took photos along for assistance, documents firearms rather the radio
  • Dep. [was leaning?] forward: Dep. say “that the truck going on,” Dep had miniature frame a [?]
  • introduces [?] → tabletop → table [?] (on video)
  • Dep. and other witnesses to take pictures [before, during it, etc.]
    Det. takes the step to find out Morris. Morris was in Dep.’s cop car.
  • Dep. 41/2 [?] “Dep. in the red mini-van while still searching car.”
  • DNA other items to them: crime instrument before at it
  • Dep. keeps searching car. Dep. tells Det. Riley’s bodycam: approaching vehicle.
  • Dep. saw in the camera the explainer, given the nature [?] of what he [?] secured in the car in.
  • Dep. continues search on video. You can on driver: driver [?] front [?] being [?] at the top. He has [?] bags on drivers [?] seat.
  • On the stop top [?], on the [?] bags on driver’s seat.
  • On video, Dep. says that captain police attempted [?] a terror attack on the facility.
  • 19 min after Lt. Gross was shot

(5) – Dep. thought it was “terror attack” b/c of body armor the firearms found, the amount of people involved.

  • Dep. had never seen anything like this before.
  • Dep. asks if anyone found any cellphone on Morris or vehicle. No phone was found.
  • Dep. continues search on video.
  • Dep. says, again, that this looks like “a coordinated terror attack” on video. Dep. asks other officers how many people there were [scribble] still “outstanding.” Dep. is asking how many people had already been detained.

EX-42, 43 → firearms seized on 07/04 → admitted.

  • Dep. steps from the stand. He walks to boxes & carts.
  • Dep. takes rifle out and shows to the jury. He explains that that is the rifle in the mini-van.
  • Dep. takes pistol out and shows to the jury. He explains same.

Morris Cross

  • Before JoCo, was Frisco, CO, police officer
  • Only educated in police academy.
  • Move to JoCo and worked at the Sheriff’s.
  • JoCo is about 1700 sq. miles.
  • Prairieland is off highway, to the right.
  • Morris was respectful, walked out and cooperated, complied w/ everything, did not try to escape or run off.
  • Morris placed in Dep.’s car. He took her to Prairieland and transferred her to “central command.”
  • Dep. lists “every agency” present in Prairieland in jurisdiction.

Morris Cross

– Asked about “coordinated terror attack” language
→ Opinion formed around 5 minutes into stop.

  • At point that dep. made those statements, dep. did not know there was only 1 shooter.
    → Dep. assumed everyone at Prairieland carried guns.
  • Dep. did not know only 1 person was injured at the facility.
  • Dep. did not know that Prairieland officers were not shot at.
  • Dep. did not know that Lt. Gross pulled his pistol that [scribble] did not know that Hill had fled before the shooting.
  • Dep. thought that red mini-van was leaving Prairieland.
  • Assessment was based on his personal knowledge.
  • witness subject to recall

USA witness #13 | Deputy Sonora ? → name unclear.

  • JoCo Sheriff’s deputy
  • On 07/04, was on patrol duty.
  • 07/04 11pm, was on west side of county, somewhere else.
    → There was a call that an officer got shot in Prairieland.
  • Activated sirens and arrived at Tanglewood [?] around 11:15pm.
  • Assisted in searching vehicle.

EX-22 → Dep.’s bodycam

  • Dep. says “targeted hit on Prairieland.”
  • Dep. arrived to Morris’s car stop to assist.
  • On video, cops are taking pictures of everything inside the van.
  • Dep. continues search of car. He clears a rifle (unloads it).
  • Dep. reads the rifle serial number into radio.

(5) – Dep. sees body armor in car.

  • Dep. was surprised at amount of firearms & vest in vehicle & 4, 5 magazines.
  • On video, Dep. talks with other cops about how “crazy” it all is, etc.
  • Dep. continues searching the car. He mentions there is a “trauma kit.”
  • Dep. describes there is a kit for gunshot wounds, like dep. carries with him while on duty, in the mini-van.
  • Dep. continues searching the car.
    → “They were planning on hunkering down” — Dep. explains that things found in mini-van showed they wanted to hide.
  • Dep. asks how many people in the car. Officers don’t know.

23:30:12 on video → Dep. asks another cop if they have Morris identified. Dep. asks who has Morris’s ID.
→ Other cops gave Dep. Autumn Hill’s ID. Another cop says that ID of Hill looks like Morris. Morris says her name is Meagan Morris. Other cops “confirm that there is an ID for Meagan Morris in the car.”

  • Defense objects. Leading. Judge lectures defense. “Is this really necessary? Is the [?] juice worth the squeeze?”
  • Dep. says Morris & Hill were in the van.
  • They eventually clarified person arrested was Morris.

EX-41 → other firearm retrieved, admitted

  • Dep. starts out of stand, grabs rifle from cart & shows the jury, confirming this is the weapon found in mini-van. (3 feet)
  • Dep. explains a long-antenna walkie-talkie was also found in the van.

  • coordinated attack — Dep defines it as a “planned” attack
  • Defense explains what coordinated attack is → entails multiple phases
  • Dep says that this does not match what a coordinated attack is [?]
  • Dep did not check how many mags were actually in the rifle
  • [something] lying

Cross

– Dep confirms that the kit could be for forensic injuries

  • witness subject to recall [?]
  • [something] Det.
  • 07/04 [?] — Since she’s a detective
    • (key) — Now works for Solo Shooters [?]
    • As detective, he was assigned major crimes
  • 07/04 11am → Det. busy assisting patrol. Voluntary overtime for 03/04 [?] incident
  • Drove to Alvarado & Alvarado
  • Heard on radio that there was a critical incident
  • Det. rolled all over pt mini-van & identified Morris as the driver
  • Det. tracked Morris & found a magazine belonging to a pistol in driver’s seat. Magazine was .15 round clips [?]
  • Det. identified Morris. Det. listed all that. Det. told probation [?]
  • Morris told detection with remaining information to assist
  • Det. describes Morris as casual, not intoxicated — be consistent
  • Det. gave Morris Miranda rights
  • Det.’s narration
  • admitted & published
  • based on assessment of Sgt. ?

(8) EX-25 → admitted & published

23:4:13 timestamp → Video shows Det. & Morris in interaction

  • Morris is in back seat of car.

[circled] On video — Det. reads Miranda rights. Morris waives rights.

  • Morris explains friends went to protest and asked her to watch the car. She does not remember their names. She met the friends online. She does not know why an officer was shot. She says the guns are hers.
  • Det. tells her that they’ll clear the scene and come back for more questions. [she wanted to make peace with friends]
  • Det. explains he wanted basic information from Morris to assess situation to report back to Graham, at Prairieland.
  • Det. did not believe Morris, b/c number of arrestees, etc.
  • [circled] witness subject to recall — he thought this was a coordinated attack

USA witness #15 | Sgt. ??? — they walked in wrong cop

  • Judge asks if anyone wants break. Jury says no. Witness takes time.

Judge says [something] P.M. break
7:21pm [?] Break ← 15 minutes [back 2:33pm]

→ Sgt. McDonald [?]

  • 15 years police at APD [?]
  • Sgt., supervises shifts. Operates drone.
  • 07/04: Got to Prairieland right after midnight about 1 hour after shooting.
  • Arrived and set up his drone w/ thermal imaging technology. He was searching nearby areas.

(10) EX-30 → Sgt. points on map where he set up the drone
→ explains thermal imaging. Describes heat being based on [something] angles, and animals, heat.

  • Deployed drone and tracked down [?] individual
  • On [circled] video, played back at [something], sound [?] on the road
  • 1 sound [?] [illegible]

EX-30 photo shows rifle on the screen [?]
[circled: admitted?] — File had high capacity mags [?]

  • [illegible] what’s visible on the rifle
  • Sgt. explains that there are a pair of goggles [?] canned into the ride [?]
  • A/c of cross says that he is sure white glasses; could not
  • A/c of cross says that he thought that a bullet had canned the firearm

EX-33 — Blood found on brass [?]
[admitted] — He rights [?] to the paper, outside cardboard box and confirms that the rifle [illegible] are given out that night

  • Sgt. explains that he uses his foster ride [?]. Sgt. explains who [illegible] that this kid to the tracks with [?] goggles
  • Sgt. empties out cartridge for you are in the field
  • He — they stayed in the field that night

[circled] Song Cross

  • Placed a rifle — a .308 [?] bullet may be [?] hit a [illegible]
  • Rifle was a general — after may be limited [?]
  • A mag will not find the bullet, given the [illegible]
  • [?] witness subject to recall (10)

USA witness #16 | Lt. Johnathan Gates | Lt. at Ennis PD. Right next to Alvarado, in Johnson County

  • Supervises Ennis PD patrol unit.
  • Supervises sergeants

07/04: Reported in at 16:00 to work.

  • 07/04, 22:30–23:00, arrived at Prairieland
  • Once at scene, set up at an intersection close to Prairieland, doing perimeter security for “outstanding individuals”
  • At 2:30am, Lt. left and headed towards Ennis
  • He knew what happened in Prairieland.

EX-26 → Gates dashcam — admitted & published
EX-27 → Gates bodycam — wrong

(EX-26) → dashcam:
[07/05 2:35am] — Lt. explains that he was driving eastbound and observed a male walking on road wearing “tactical”-style clothing, all-black clothing.

  • 2½ miles from Prairieland. Individual was walking towards traffic, violating traffic law that you must walk against traffic.
  • Odd to see someone walking like that at 2:30am
  • Video shows Lt. coming out of cop car telling person to stop
  • Lt. & other cop approach him & detain for investigative purposes [?]

EX-27 → body cam played. Wrong body cam.
[2:36:34am]
↓ They pull up EX-28

It was another cop’s bodycam


EX-28 correct
[2:36:37am] → Lt.’s bodycam — admitted & published

07/05 →

  • Video shows Lt. telling person to get on knees and turn around
  • Lt. goes over “white male wearing all-black”
  • Lt. tells person to lay down on face. “Don’t fucking move”
  • Lt. handcuffs person on the ground.
  • The person is asked where he’s coming from,
    On video: response, “I’m not exactly sure”
  • person is being detained. Asked if anyone w/ him, he says “I’m not exactly sure.”
  • They get person up, and protective eye goggles

On video → They ask him his name, he points to his ID.

  • Lt. IDs him as Evetts per ID on his pocket.
    Lt. grabs something.
  • Evetts is standing, handcuffed. Lt. picks up Evetts shirt. Video shows them standing around Evetts for [something]
    7:41:50 [?] → Lt. finds in Evetts’ pockets black “tactical”-style gloves
  • They rewind video:
  • Lt. is searching Evetts’ person.
  • They found a black balaclava on his person before finding the ID / wallet.

Evetts Cross

  • 2–3 miles from Prairieland was where Evetts was found
  • Evetts was walking in direction to Waxahachie, which matched his ID
  • Evetts looked sweaty & tired.

  • Evetts would not have violated traffic if he walked on other side of road
  • Evetts was peaceful & compliant.
  • He had no firearms or ammunition
  • He did not seek gunshot nerve warrant [?]

[circled: USA redirect] — Clothing was wet & muddy | subject to recall (Gates?)

witness #17 | Det. Spurlock — Ennis PD officer

  • Working extra patrol, with Lt. Gates
  • Was in same vehicle as Lt. Gates

EX-27 → shown, Spurlock’s bodycam [?]
2:36:27 → Video shows handcuffing of Evetts, initial stop.

  • Det. retrieves ID from Evetts. Det. lifts up Evetts.
  • Det. asks basic ID questions. He sees back [?] tactical clothing. He thought it was unusual how he was responding to the questions. He thought it was odd that he was walking at 2:30am
  • Pants matched SWAT tactical clothing
  • Boots matched his own & combat boots.
  • Evetts had mud on his clothing & eye-protective goggles.
  • Only place he’s seen tactical goggles is at shooting range.
  • Long-sleeve tactical shirt was on Evetts’ waistband
  • Video shows Det. searching Evetts.
  • “Raises flags” when person refuses to give their name (Evetts pointed to his ID)

EX-27 2:41:25 → black gloves found on Evetts. They are greasy/muddy.


Evetts Cross

  • Stop was where road dead-ends into a farm / the street
  • Businesses do it [?] markers over the street
  • He walked across the area
  • Det. was not originally dispatched to Prairieland [something]
  • Det. received a dispatch about someone in a [something] at Prairieland
  • [something] — Det. put on FBI reports on the incident
  • Was not [something]
  • NOTE: FBI went out that night and that creature [?]
  • a [something] — a [something] train for him [?]
  • 09 [something] — he saw the [something] 911 call records, but they were not his notes
  • Det. was not aware of anything about Prairieland at the time
  • [something] the [something] and the necessity / not helpfully [?] to the [something] immediately.
  • Evetts complied w/ all of Det.’s instructions
  • Det. asked Evetts his [?] under a rest [?]
  • He is placed/accepted a ride for [something]
  • Evetts was wearing a non-tactical black watch
  • “Nothing about black does not make something tactical”
  • “All you are wearing something tactical, that the clothing is black”
  • No trauma, no ammo, no knife, no gun, no firearm or theft
  • Sweaty, tired on Evetts
  • People had many [?] places [?] nearby
  • Det. took kick [?] and nearby
  • All Det. knew of Evetts was on the road, police came, as a visitor Prairieland incident

  • Det. assessed Evetts had a calm demeanor w/ no fear
  • Peaceful encounter w/ Evetts
  • Wallet was not tactical
  • Det. has never been of a protest
  • Det. does not know what people would wear of a protest [?]

USA redirect

  • “Tactical” pants / a pants that kneecaps and look like
  • No cross [?]
  • Belt designated as “inner belt,” w/ velcro inside to have by him, as an officer
  • (Objection overruled) more secure and “heavy belt”
  • Gloves had protection on knuckles
  • arrived to tactical level, w/ protective plastic

USA witness #18 | Kim Burns [?] | JoCo crime scene investigator

  • witness subject to recall

EX-53

  • 8 years of [?]
  • Crime scene investigator / includes investigating crime scene, 24/7 response
  • 07/04 was off, received a call / responded
  • Arrived at Prairieland a little after 10pm. Met w/ Sgt. Smith.
  • Met APD [?] asst. / and chief
  • She walked around the scene and got acclimated. She to photograph — primary photographer w/ Ranger Hill [?]
  • Burns took [?] though explains that there are photos from the scene which she took after night adv. [?]

EX-25 [circled] — admitted & published


EX-52 — Photo of beginning of scene at Sunflower Thruway [?] scene, showing cop car to the right

  • Photo shows mother area where it comes — bodycam landed
  • Photo shows natural area where APD [?] car will call and shell casings were found [?]
  • Photo: laid of street. A cooler — who arrived w/ waters & fireworks
  • [margin note: direction to → by county; sbc [?] found; in the round]
  • Part of note shows a bottle rocket

[circled] EX-23 — Photo: Prairieland Detention Center — Posted sign [?]

  • P.30 — Photo of guard shack “Fuck ICE”
  • Note: Backside of Burnette’s [?] towards the back side
  • P.33 — Several backpacks were found on roadway.
  • EX P.35 [?] — Photo: backpacks & body armor seen.
  • P.41 [?] — Photo: black sweater & several tourniquets
  • P.49 [?] — Firearm visible in 2 pieces. AR broken up

[circled] EX-51 — Photo: Vehicle at intersection of Tanglewood & Burnette (parked vehicles will be seen)

  • Photo: inventory of vehicle and w/ gun on the ground
  • P.55 — Photo: green moss on the ground
  • P.63 — Photo: firearm on the ground and referenced.
  • P.64 — (picked up where casings were found. Self care found?)
  • P.66 — Photo: in gun area w/ gun note
  • P.67 — those Bullet & Liquid IV packet
  • EX: Photo: flashlight broken
  • Photo: car in employee parking lot, shattered/cracked

[circled] P.73 — Photo: “Faggot” graffiti front of car.

  • “ICE Pigs” graffiti on side of car.

[circled] P.79 — Photo: Example of casing found.

[circled] P.80 — Photo: walkie talkie tuned to a frequency

[circled] P.83 — Daylight photos

  • further down where fireworks were found
  • Photo: Greenfield [?] w/ fireworks on the ground over fireworks/overland [?]

[circled] EX-85 — Photo: Baylighter [?]

[circled] P.89 — Photo: View of firework tube.

  • Photo: Some of the clothing retrieved.
  • Photo: Marks recovered.
  • P.86 — Photo: Headphones
  • Photo: Dark clothing
  • Photo: Backpack & contents
  • P.102 [?] — Photo: Backpack & contents → charcoal mask, hat and [?] goggle
  • Photo: Bag w/ several [?]
  • Photo: Backpack & contents — Does not recall a [illegible] any w/ 2 phones in it
  • Photo: first and kristin it [?]
  • She turned over everything to APD.
  • No witness saw these photos.
  • Photo: Magazines & the like

EX-57 [circled] — Photos taken by crime scene tech. of peoples clothes after arrest [?] — submitted & published


(EX-57) [circled] — EX-F3 shows picture of owner of clothes

  • Photos Evetts’ clothing
  • Scrolls through the photos → photos eventually show gloves of Evetts

Elbow [?]

  • Photo: Headcover
  • Photo: Boots, muddy
  • Photo: kneepads on pants
  • Photo: Gibbons [?] clothing → scroll through photo
  • P.54 — Photos [?] Rueda’s clothing → scrolls
    Batten’s [?] clothing → scrolls
  • P.52
  • P.59 on site [?] → Tanglewood [?] placed/found; “fingerprinted on the site”
  • Burns took DMV entrance of all individual [?]

[circled] EX-56 [?] — Photo: Contents of backpack. Includes tourniquet.

  • Photo: Hub [?] face mask
  • P.81 — Photo: Medical supplies

[circled] P.99 — Photo: “More photograph”

  • At APD, laid everything out to dry & then photographed

[circled] P.95 — Photo: loaded magazine

  • Photo: the [?] notepad
  • Photo: another set of magazines

[circled] P.109 — Photo: cooler found.

  • USA scrolls through photos
  • Photo: broken camera collected, in bag [?]

USA scrolls through more photos

  • Photos: Siter [?] clothing [circled] P.133 [?]
  • Photos: Morris clothing [circled] P.143 [?]
  • Photos: Batten clothing [circled] P.145 [?]
  • Photo: E. Soto clothing [circled] P.148 [?]
  • Photo: [circled] P.156 clothing spray

[circled] EX-52 [?] | USA: “That’s it.”

Direct

  • Car not in parking lot, 6 pages, car/graffiti-ed.
    admitted & published
  • Photos scrolled through. Multiple cars w/ graffiti on them.
  • “USA” physical exhibits [?]
  • Burns steps down, stands to clarify/staff
  • knife found on wagon
    → Soto agrees to admission into all physical objects. No objections from defense. “Soto allows admission”
    Burns takes stand [?] and everything [?] over things [?] barely [?] [margin note: by counsel]

[circled] EX-34 — AFIT [?] son in wagon [?] — admitted [?]

EX-35 — Burns found / Tanglewood [?] placed. “fingerprint [?]”
EX-33 — 9mm from sights [?]
EX-32 — AP [?] — 9mm [?]
EX-37 → AP-37 [?] + rifle, AP broken down
EX-45 — Henry/black rifle
EX-37 — Songs [?] face/face most [?]
EX-46 — Shell casing only 1 shown as example.
EX-46 [?] — 8 recovered, 11 total.


EX-199 — Flashlight, broken camera [?], full white & [?] a broken flashlight

EX-1 → backpack — “they all look alike” — Burns

  • USA warns that there’s a sticker in EX-199 that is an issue.

[circled] EX-282 [?] — testimony of witness [?]

  • Judge asks [?] short jury break and short additional matters

[circled] Objection: No predicate laid that sticker are in [illegible]

  • Make American/the [?] Again?
  • No notice of argument [?] fact.
  • L.403 basis: Sure statements mostly [?] non-probative
  • how: No evidence that statements were for/re: crime committed
  • V-S7: Not offered for that [?] if offered, it is relevant
  • Shows motivation, plan, intent, on Blacksheep [?]
  • Judge order to see the sticker
  • Objection overruled — Judge seeks [?] to start them [?]
    → [illegible]
  • Judge says to me of protest [?]
  • “(i) all complain about a lot of shit, but y’all should comp [?] [illegible]”
  • “Court tech[nology] about thought [?]”
  • Still from the images? “haven’t been asking”
  • Testimony [?]
    • Invocations [?]
  • to lose the flashlights [?] for 5½ years for remove [?] broken [?]

11:37pm [?]

  • Back to Rueda backpack
  • Other agent: items taken stash to [?] bag and car.
  • step/put back into bag and car.

EX-204 — Buccal swab kits. In kit: envelope has sealed samples. Burns explained, sealed [?] independently sealed by [?]. Burns explored safety measures [?].

  • the DNA test kit [?].

Burns did buccal swabs on:
Rueda, Thomas, Z. Soto, E. Soto, Song, Morris, Sharp, Morgan [?], Hill, Gibson, Evetts, Barreno [?], Batten, Sikes [?]

  • Burns handed swabs to laboratory, where DNA testing is completed.

[circled] EX-205 [?] — small black backpack

  • Stray [?] walks out [?]
  • Judge adjourned 4:12pm [?] — Judge advises Burns to step/walks out — Not talk w/anyone about case before court resumes.

[corona [?]] USA: chain of auto [?] → dp evidence
Notes — Wanted [?] detention center, damage

FBI agent on Sanchez case for a holiday [?]

FBI agents who investigated vehicles & rendered [?]

FBI agents w/ Rueda or Rueda’s content
circled on Sanchez calls


Note on Discrepancies Between Note-Takers

  1. Witness 13 identity: The deputy who assisted with the minivan search was recorded differently by multiple note-takers: “Royer” (A-PM), “Sonora” (XJ-PM), “January” (JM-PM), and “Jimmy Word” (TJ). The correct name could not be determined from the notes.
  2. Witness 13 — “coordinated attack” concession: Note-taker JM-PM recorded that the deputy acknowledged the situation “does not match what a coordinated attack is” when defense described multiple elements and phases. Other note-takers (A-PM, TJ) recorded the deputy maintaining it was still a coordinated attack. This discrepancy could not be resolved.
  3. Lt. Gates’ department: Most note-takers recorded Ennis PD. Note-taker A-PM recorded “Venus PD” and referred to him as “Ltd. Jonathan Yates.” The majority view (Ennis PD, Gates) appears more reliable given corroboration across multiple independent note-takers.
  4. Officer Zapata/Zavata: Name spelled both ways across notes; “Zapata” appears to be correct based on majority of note-takers.
  5. Corporal Graham/Gresham: Name recorded as both; “Graham” used by majority.
  6. Location of loaded magazine (Morris): Some notes say on Morris’s person/pocket; others say on the floorboard of the van. Both may be accurate (one magazine on person, one in vehicle).