Section 1: Summary

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• Date: February 27, 2026 (Friday)
• Court: U.S. District Court, Northern District of Texas, Fort Worth Division (with Dallas simulcast courtroom)
• Case: Prairieland Federal Trial — Trial Day 5
• Judge: Mark Pittman
• Prosecution: Shawn Smith (AUSA), plus prosecution team
• Defense Attorneys Present:
• Cody Cofer and James Luster (Autumn Hill)
• Patrick McClain, Bradley John Sauer, Brian Matthew Bouffard (Zachary Evetts)
• Phillip Hayes (Benjamin “Champagne” Song)
• Chris Tolbert (Savanna Batten)
• J. Warren St. John and David Miles Brissette (Meagan Morris)
• MarQuetta A. Clayton (Maricela Rueda)
• Harmony Schuerman and Blake Ryan Burns (Elizabeth Soto)
• Leigh Davis (Ines Soto)
• Christopher Weinbel and Rachel Taft (Daniel “Des” Sanchez Estrada)
• Defendants Present: All nine defendants present
• Type of Proceeding: Jury trial — Continuation of government’s case-in-chief (Witnesses #18 through #26)

Key Takeaways

• Crime scene investigation was riddled with procedural failures. Under cross-examination, CSI Kim Burris acknowledged: evidence was handled bare-handed by some officers, DNA evidence was laid out together risking cross-contamination, her agency’s own procedures were not followed, no gunshot residue testing was done, only 2 of 3 shell casings from Lt. Gross were recovered, and she never examined the Prairieland building or fenceline for damage — finding none.
• Texas Ranger Hill confirmed it is “reasonable” to shoot back at someone pointing a gun at you — a key defense point given Lt. Gross drew and aimed his weapon first. Ranger Hill also admitted he did not know Gross pulled his gun first, said it is okay to shoot an unarmed person in the back, and characterized the incident as “an ambush” despite this gap in his knowledge.
• No damage was found to the Prairieland facility itself. Warden Bergami confirmed: no damage to windows, lobby, guard shack, fenceline, or west side of building. No burn marks from fireworks. The guard shack was unmanned and there were no roving patrols on July 4 due to short staffing. The $417 in brake repairs on the van invoice were not caused that night.
• FBI Agent Woodruff confirmed nothing illegal was found in defendants’ vehicles. Firearms were legally possessed, left in vehicles (not taken to Prairieland), consumer-grade fireworks were in the cooler, and SRA materials reflected lawful gun ownership advocacy including an image of a Nazi symbol being thrown in trash.
• Prosecution’s case against Daniel “Des” Sanchez Estrada rests almost entirely on interpretation of jail phone calls. Lead case agent Whithorn admitted: no evidence of Sanchez’s involvement prior to the incident, Rueda never used words like “hide,” “destroy,” or “conceal,” the “community” language was not coded, and Whithorn acknowledged Rueda was not trying to hide or conceal Sanchez. Defense effectively challenged the agent’s characterization of ordinary, emotional jail calls as conspiratorial.
• FBI translator Avalos’s selective translation of Rueda’s call to her mother was exposed on cross. Defense showed he omitted parts of lines to change meaning, focused only on “investigation-relevant” portions, and failed to account for the linguistic complexity of a learned (non-native) Spanish speaker under extreme emotional duress.
• Judge admonished prosecution for continued misgendering and instructed them to update exhibits to reflect preferred names (Meagan Morris, Autumn Hill).
• Prosecution estimates their case will take approximately one more week: Sanchez witnesses, search warrant witnesses, post-arrest witnesses re Morris (Tuesday–Wednesday), cooperators (Wednesday–Thursday), then an expert witness.
• Next court date: Tuesday, March 3, 2026 at 9:00 AM. No court Monday (early voting encouraged by judge).

Narrative Summary

Pre-Trial Matters (~8:50–9:00 AM)

Judge Pittman entered at approximately 8:56 AM. He admonished the prosecution about misgendering defendants, stating: “I don’t want to embarrass you in front of the jury.” He instructed the government to update their materials to reflect preferred names — Meagan Morris (not the indictment name) and Autumn Hill (not the complaint name). The judge re-read jury instructions and reminded jurors of the rules.

Attorney introductions were made for the simulcast. The judge noted the Dallas courtroom was “averaging 4-5 people” and there were no issues with the simulcast. The judge noted this was the first trial in the district’s history to be simulcast.

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Witness #18 (continued): CSI Kim Burris — Cross-Examination

Defense Cross (Morris attorney): Burris testified that she went home to gather additional equipment before arriving at the Prairieland scene. When she arrived, Texas Rangers had control of the scene. She instructed Deputy Kravitz to restrict access without Ranger approval. The scene was divided into three areas within one large restricted zone.

Key points established on cross:

• Rangers did not bring their evidence response trailer. Burris could not recall if FBI’s Evidence Response Team or ATF’s explosives inspection truck were present.
• Evidence handling concerns: Photos showed officers handling evidence bare-handed. Burris acknowledged this would be problematic. Evidence was collected in brown paper bags while it was raining and drizzling throughout the night.
• Ranger Williamson decided to move evidence to Alvarado PD. Items were laid out in the squad room to dry. Defense established that evidence was laid out together, without paper underneath in some cases, contrary to proper DNA contamination prevention protocols. Burris agreed her agency’s process was not correctly followed and that if process isn’t followed, “DNA results might be unreliable.”
• Burris never went inside the fenceline at Prairieland. She never photographed the building up close. She noticed no damage to the fenceline.
• Lt. Gross was never brought back to walk the scene after his hospital release.
• Only 2 of 3 shell casings from Gross’s weapon were recovered, found with a metal detector. The fire marshal drove through the area where Gross was shot; it is unclear if his vehicle may have disturbed the third casing.
• No gunshot residue (GSR) testing was done while Burris was present. She has no policy for GSR testing.
• “Tactical” clothing described by prosecution was shown to be commonly available athletic brands — “At Walmart behind my office,” as one defense attorney put it. Pants with kneecaps “can be bought anywhere.”
• The scene was released back to Alvarado PD. Marshals did not return to process evidence further.
• Fireworks were collected but not classified by type.
• Burris’s evidence tape (red) had been torn — contrary to chain-of-custody standards.

Liz Soto Cross: Exhibit 57 (inmate personal property) showed Elizabeth Soto’s belongings: ordinary pants (not tactical), a small black t-shirt, underwear, chapstick, dental floss, a nicotine vape, and a COVID mask. Burris confirmed: “Not tactical gear.”

Prosecution Redirect: Established that all clothing was dark in color. Burris logged in at 12:39 AM, walked the scene around 1:00 AM, and began photos around 2:00 AM — approximately 3 hours after the shooting. She had no control over other officers’ conduct.

Burris released, subject to recall.

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Witness #19: Deputy Chad Marshall — Johnson County Sheriff’s Office

Prosecution Direct: Deputy Marshall (now Sheriff) was with Alvarado PD on July 4, 2025, in the Criminal Investigations Division for 12 years. He interviewed Lt. Gross, then assisted at the scene and processed evidence at APD. The APD evidence vault was not large enough, so the training room was converted to temporary evidence storage. Johnson County also stored some evidence due to volume.

Exhibit 52 showed a backpack collected at the scene near the wagon containing: a handgun, a gun holster, and 2 Faraday bags with 2 cell phones inside. Cell phones were turned over to FBI.

No cross-examination. Witness dismissed subject to recall.

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Witness #20: Texas Ranger Billy James Hill Jr.

Prosecution Direct: Ranger Hill, 8 years as a Texas Ranger and 17 years with DPS, investigates officer-involved shootings. He arrived at 1:30 AM on July 5 — approximately 3.5 hours after the shooting. He operated the Leica forensic crime scene scanner to create a digital map.

Exhibit 56 photos showed:

• Lt. Gross’s Glock pistol (with rail light/flashlight) found in the back seat of the fire marshal’s vehicle
• Gross’s ballistic vest — dirty, bloody, with a bullet “defect” and flesh/tissue. Entrance wound with no exit, suggesting the projectile remained in the vest. The bullet trajectory: entered the body at the right shoulder/neck area, exited the neck, then entered the back of the vest.
• Surveillance camera broken off at the sallyport gate entrance
• ICE van with muddy/damaged passenger light, all four tires flat with cut marks (~2-inch gashes)
• Walkie-talkie (not a Baofeng) found on the ground in daylight hours (~6:00–6:45 AM)
• At the nearest residence west of the facility (carport area): spent rifle cartridge casings, an unfired AR-15 rifle round, and a fully loaded Glock magazine
• 3 spent rifle casings found close to the neighboring house, approximately 45 feet from the original officer-involved shooting scene
• .556 casings from 2 locations (roadway and next to house) were approximately 20–30 feet apart, suggesting 2 firing positions
• Lt. Gross’s 2 recovered casings were found 45–50 yards from one set of rifle casings
• Overhead/aerial views showing all casing locations relative to the facility

Break: 10:10–10:34 AM

Defense Cross (Morris attorney):

• Ranger Hill was not the lead ranger — Tyler Williamson was lead. Hill didn’t have to go get the Leica scanner; it was probably located in Cleburne.
• Rail light on Gross’s Glock: Requires two hands to toggle. Lt. Gross could not have turned the light on while holding his radio. Since bodycam shows the light was on, he must have turned it on before drawing. When the gun was found re-holstered in the vehicle, the light was off.
• Round count: Ranger Hill could not interview Lt. Gross and could not confirm the weapon was fully loaded. An “extra round” was noted, which Hill called “unique.”
• Vest analysis: The defect on the vest strap was an entrance wound — the bullet entered the body first (neck area), then into the vest. Hill did not make drawings of the bullet trajectory that night. He did not recover the projectile, preserving the vest for laboratory analysis.
• Bullet strikes: Hill looked for bullet strikes and initially found none. Later found fresh-looking defects in concrete between the house and the facility. He did not swab them to determine if they were from bullets — said that was Burns’s (CSI) job.
• Van photos: Discoloration in van photos was due to the Leica scanner technology, not the actual appearance.
• No footprints found near casings in a shooting stance position. Casings could have been dropped rather than fired from those positions.
• No damage to the Prairieland building was found. No wildfire evidence from fireworks.
• ATF K-9 unit arrived to search for gunpowder/weapons. The dog searched the grassy area but had no alerts. No guns were found.
• Critical exchange on self-defense: “Where the light is pointed, the gun is pointed.” If Lt. Gross illuminated someone with his gun-mounted rail light, the gun was pointed at that person. Hill confirmed: it would be reasonable for someone to shoot back if a gun was pointed at them. “What would you do?” — “Shoot back.”

Defense Cross (Autumn Hill attorney): Reinforced that if someone saw Lt. Gross point a gun at someone, it would be reasonable to believe he was about to shoot. Hill agreed.

Prosecution Redirect: Hill has worked approximately 50 officer-involved shootings. He characterized Lt. Gross’s actions as reasonable — responding to a chaotic scene with fireworks, people running, gunshots. In his opinion, this was “almost an ambush situation” for Lt. Gross. When asked about good shoot/bad shoot: “The officer didn’t shoot anyone.”

Defense Re-Cross (Song attorney):

• Hill was not aware that Lt. Gross pulled his gun first — this was the first day he was hearing that.
• Hill testified it is okay for a police officer to shoot someone in the back (example: school shooting scenario). He also testified it is okay to shoot an unarmed person in the back.
• He acknowledged: “Pretty scary” — if you saw someone pointing a gun at a loved one’s back.
• In training, a firearm must only be drawn when use of force is “immediately necessary.” Officers are trained to shoot until the threat is neutralized.

Ranger Hill dismissed subject to recall.

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Witness #21: Warden Thomas Bergami — Prairieland Detention Center

Prosecution Direct (~11:05 AM): Bergami has been CEO/Warden at Prairieland since November 2023, after 31 years with the Federal Bureau of Prisons. He described Prairieland as a 1,000-bed facility for “aliens” with 14 dorms and 1 special housing unit. Facilities include recreation areas, chapel, dining hall, medical unit, visiting areas, and virtual attorney booths. Dorms hold 66–104 people in bunk beds. No minors. Average stay is approximately 90 days.

Bergami characterized conditions as “not dramatically different” from BOP facilities, noting PlayStations, popcorn, approximately 30 community volunteers, religious services (Ramadan celebrations, Ash Wednesday priest), and donated books. The property is owned by the city, leased to ICE, which contracts LaSalle (Bergami’s employer).

Peaceful daytime protests began around February 2025, averaging once a month and increasing in frequency. None were “aggressive” before July 4.

On July 4: The guard shack was unmanned and there was no roving perimeter patrol — both due to staffing shortages.

Security changes since July 4: Defense objected under FRE 407 (subsequent remedial measures — evidence of post-incident safety improvements generally cannot be used to prove negligence or fault). Judge overruled. Bergami testified to: 2 full-time armed perimeter patrol vehicles, a new fence matching property lines, a rebuilt concrete guard shack with bulletproof windows, a redesigned lobby with bulletproof windows, and new cameras.

Damages:

• Exhibit 122: Transport van — 4 slashed tires, 1 broken light. $1,731 total (but $417 of this was brake repairs NOT caused on July 4).
• Exhibit 123: Surveillance camera repair — $1,287 each.

Defense Cross (Clayton/Rueda attorney):

• The $417 brake repair on the van invoice was not caused that night.
• Guard shack windows: no damage on July 4, yet upgraded to bulletproof.
• Lobby: no damage on July 4, yet upgraded.
• No repairs needed on the west side of the facility.
• No burn marks on the facility from fireworks. “A firework wouldn’t do anything,” Bergami acknowledged.
• No damage to any windows at the facility.

Warden Bergami excused completely.

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Witness #22: FBI Special Agent Megan Woodruff (~11:35 AM)

Prosecution Direct: Woodruff, an FBI agent since August 2023, primarily investigates white-collar financial fraud. She was called in through the Evidence Response Team. She served as photo logger and searched vehicles belonging to Evetts, Baumann [phonetic], and Morris.

Exhibit 53 (photos of search):

• Cooler recovered outside Prairieland containing consumer fireworks (“Mega Bangers,” “Artillery Shells”)
• Red minivan: walkie-talkie with long antenna, body armor with magazine, rifle case with rifle. Social security cards for Cameron Arnold and Autumn Hill with the same SSN but different names.
• Black Honda
• Red Mazda (Evetts’ vehicle): Duffel bag in trunk containing firearms and body armor. Loaded Glock pistol in trunk (Exhibit 38). Loaded rifle in trunk in a rifle bag, not loose (Exhibit 39). Loaded magazines in rifle bag. Phone in Faraday bag. SRA (Socialist Rifle Association) materials and a “Constitutional Carry” pamphlet in glove box (Exhibit 196). An image of a swastika being thrown in a trash can.
• Baumann’s white vehicle: Some papers with writing.
• Minivan (vehicle #1): Helmet, vest with magazines, tactical belt with magazines and holster.
• Exhibit 197: Social security cards of Arnold/Hill.

Judge admonished the agent: “Be sure you show defense or you’re gonna be fired.”

Defense Cross (Autumn Hill attorney):

• FBI was first to search the red minivan, but another agency may have moved things around before FBI custody. Woodruff did not know who first touched or moved evidence, or how the cooler was transported.
• Firework packaging showed “UN 336” — consumer fireworks with international labeling.
• There is no legal limit on how many firearms someone can have in a car. It is not illegal to have a loaded weapon in a car.
• Woodruff had no evidence that any firearms were taken into Prairieland.
• SRA stands for Socialist Rifle Association. It is “like NRA” — not surprising someone in a rifle association would have a rifle.

Defense Cross (Evetts attorney):

• The red Mazda was seized 3.5 miles from Prairieland. Firearms were in the trunk, not transported to the facility.
• SRA brochures advocated responsible carrying — “nothing wrong with that.”
• The image of a Nazi symbol being thrown in trash: “Nothing wrong with that image.” Woodruff personally saw no issue with it.
• Items were seized because the case agent directed it. “Constitutional Carry, Carry Responsibly” — nothing encouraging illegal behavior.

Witness excused subject to recall. Lunch break ~11:55 AM.

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Witness #23: FBI Special Agent Ross Eldred (Eldrete) (~12:48 PM)

Prosecution Direct: FBI agent for 18 years (note-takers vary on 12 vs. 18 years) in Fort Worth, investigating complex financial crimes and public corruption. He searched the Soto vehicle — a silver Subaru found in a neighborhood surrounding Prairieland.

4th Amendment objection to Exhibit 58, page 9 — argument outside the jury’s presence. Defense argued the page showed a glove box with a reading list containing inflammatory titles, including “I don’t bash back, I shoot first,” and that the government cannot say whose documents they are, making them unfairly prejudicial. Prosecution argued the items were “consistent with other items” in the car and reflective of intent. Objection overruled. Judge noted: “Duly noted and as far as I’m concerned preserved for appellate purposes.”

Exhibit 58 (admitted) — photos of silver Subaru contents:

• Front passenger seat: bag with clothing
• Glock pistol in a satchel/bag hanging over driver headrest, loaded
• Loaded magazine
• Glove box with notepad; last two lines: “I shoot first” / “I don’t bash back”
• 2 cell phones
• Pepper spray
• Knife, postal receipts
• Mail addressed to Ines Soto
• Savanna Batten ID inside a phone case
• Ines Soto TX driver’s license
• Paracord, cigarette lighter, knives

Exhibit 40: The pistol shown to jury.

Defense Cross (Liz Soto attorney):

• Agent doesn’t know when or where the car was recovered, or who was in it.
• Nothing illegal was found in the vehicle.
• Don’t know what items listed on the notepad were. Entries were capitalized — consistent with titles of books or articles. Don’t know whose notepad it was; at least 3 people’s IDs were in the car.
• Firearm was in the bag, not out in the open. Bag was in plain view, gun concealed within.

Defense Cross (Tolbert/Batten attorney):

• Vehicle was processed after being towed to APD secured lot, not at the scene.
• Phone in front passenger side. Another phone with Savanna Batten’s ID, debit card, and health insurance card found in phone case on passenger side.
• Agent did not know arrest dates, who occupied the vehicle, or if fingerprinting was done.
• All firearms and knives were contained in one bag.

Witness excused subject to recall.

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Witness #24: FBI Special Agent Ross (DuRoss/Viross) (~1:15 PM)

Prosecution Direct: 22-year FBI veteran, Dallas Division, assigned to DFW airport. Team leader for the Evidence Response Team. His team searched the 56th Street residence in Dallas on July 5.

Exhibit 61 (photos of residence search) — Defense objected to pages 13–16 on relevance, FRE 403 (unfair prejudice), and FRE 404; also page 29 for same reasons. Overruled.

Photos showed (29 pages):

• Gun safe — not forcibly opened
• Firearms laid out on bed from safe: multiple long guns, pistols, 3 revolvers, AR variant rifles
• Ballistic vests (multiple, including “military-style” with MOLLE webbing attachment loops, and one covert/soft vest that “could stop a pistol bullet but not a rifle bullet”)
• Pamphlets (warrant specifically stated to collect pamphlets and notes)
• Magazines, ammunition cans (same room as safe)
• More ammo, hearing protection (.22 LR AR conversion kit — “like at a rifle range”)
• Hand-written protest signs: “Activism is not terrorism,” “Silence is violence,” “No war but class war,” “Stop US genocide,” “Still not my president”
• SRA materials in garage — multiple copies, only 1–2 of several boxes taken. SRA materials were only in photos, not physically present in court.
• A notebook/folder belonging to Samuel Folkes

Exhibit 187: Physical evidence shown — AR-style rifle, ballistic vests, pamphlets.

Defense Cross (Autumn Hill attorney):

• Agent arrived after SWAT cleared the house. Civilians were still present, including (defense implied) Autumn Hill — agent could not confirm.
• No one at the house resisted or fought the ERT team.
• Notebook/folder belonged to Samuel Folkes. Agent does not know if any defendant ever looked in it.
• One pamphlet was actually a critique of two horror movies — “looks and sounds bad” based on title, but the content was a film critique. It was collected because it fit the warrant description.
• None of the items collected were illegal.

Defense Cross (Morris attorney):

• SWAT went first; ERT waited at an off-site location. SWAT was still present when ERT arrived.
• One woman with a small child was allowed back in during the search.
• At least 9 people plus a baby lived in the house.
• Agent could not establish ownership of any items — only documented where they were found.
• All items were lawfully possessed.

Witness excused subject to recall.

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Witness #25: FBI Special Agent Ulises Avalos (~1:42 PM feed issues in Dallas)

Prosecution Direct: FBI agent since 2022, previously a history teacher and high school counselor. Works on the counter-terrorism squad. Born in Chicago to Mexican parents. Spoke Spanish first; learned English in grade school, became fluent in elementary school. He participated in the investigation by translating a phone call between Maricela Rueda and her mother.

Exhibit 203 (pages 1–8, admitted): Translation/transcript of a jail phone call made July 5, 2025, approximately 2:40 PM. Defense Exhibit 1: the phone call audio itself (admitted).

The call opened with an automated voice stating the call was subject to recording. Key content:

• Line 10: Rueda: “Something terrible has happened.” Her first concern was her daughter — asking her mother to take care of her, not the father (Leon). Second concern: her pets.
• Rueda repeatedly told her mother to communicate with Danny (Daniel Sanchez Estrada), who would be able to explain what happened. “Tell Stevie to give you Danny’s number.”
• “What’s going on is very serious.” “I can’t explain over the phone.”
• Rueda provided a phone number. “Danny can explain everything to you, but I can’t explain anything right now.”
• Discussion of logistics: feeding pets, caring for animals and house.
• Line 35: “Nothing’s going on and you haven’t done anything wrong.”
• Line 40: “Get in touch with Danny. I’m in Johnson County Jail.”
• Lines 41–42: Mother asks if Danny knows anything. Rueda says “no.”
• Line 45: Mother asks “what did you do?” Rueda: “Something has happened, something horrible.”
• Bail is $1 million. “The only way we’re gonna get out is all together” — hire a lawyer for all, tell the community.
• Line 51: Mother says she’ll call Daniel.

Tone: Avalos described Rueda’s voice as showing “a sense of urgency,” “anxiety,” “fear” — almost starting to cry. Worried about her daughter.

Defense Cross (Sanchez Estrada/Weinbel attorney):

• Avalos is not a certified translator.
• Words can have multiple meanings depending on situation and tone. Arrest is a traumatic event. Both Rueda and her mother were scared and emotional.
• Jail calls are often used to prosecute — not surprising a caller wouldn’t discuss the case.
• First concern: daughter. Second: pets (which were confirmed to be real animals).
• Defense demonstrated linguistic complexity: Asked Avalos to literally translate “Sana, sana, culita de rana” — literal translation is “Heal, heal, frog butt,” but the actual meaning is what mothers say to comfort children with a “boo boo.” Words, culture, and context change meaning.
• Rueda is a learned (non-native) Spanish speaker. A learned speaker might choose easier or different words than a native speaker. Avalos said he could not tell if Rueda was native or learned.
• Defense exposed selective reading: Avalos admitted he only read portions of lines that were “relevant to the investigation,” omitting context. Line 35 originally started with “Honey, please, I don’t know what’s going on, sweetie, but…” — which Avalos had not read. Line 40’s full text included pet care instructions alongside the Danny reference. Line 38 included “I can’t lose you at this time” to her mother — omitted by Avalos.
• Rueda said Danny “doesn’t know anything” and to tell him to call Kels — contradicting the prosecution’s framing that Danny had inside knowledge.
• Avalos is on the counter-terrorism squad: “everything you get is terrorism.” Avalos denied this affected his interpretation.

Witness excused subject to recall.

Break: ~2:29–2:41 PM

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Witness #26: FBI Special Agent Whithorn (Whitworth/Whitmore) — Lead Case Agent (recalled)

Prosecution Direct: Whithorn, the lead case agent, was brought back to testify about phone calls involving Daniel “Des” Sanchez Estrada. Per cellular data, Sanchez was traveling from Garland to Fort Worth on July 5, arriving around 1:30 PM. He listened to Rueda’s phone call to Sanchez (from July 6, mid-to-late morning) very shortly after it was made, as Rueda’s calls were being surveilled.

Exhibit 67: Recording of jail call between Rueda and Sanchez (admitted). Defense asked to play the entire call; prosecution wanted to play only excerpts. Objection overruled — prosecution played excerpts with the jury able to listen to the full call later.

Key excerpts prosecution highlighted:

• 0:46–0:55: Automated JoCo message that calls are monitored.
• Rueda and Sanchez making initial contact. He confirms he’s spoken with her mom.
• “Vanna” (Savanna Batten) was “brought to the same part” as Rueda in jail.
• Whithorn said Sanchez appeared aware of the situation and was concerned with getting Rueda legal representation.
• Rueda expressed concern about “Rowan” (Joy Gibson), arrested near the wagon.
• Rueda said Sanchez was “not involved” and “doesn’t know anything” — compared to Liz and Ines (the Sotos) because they are also married, implying spousal proximity concern. Sanchez: “It’s the truth that he doesn’t know anything.”
• Discussion about the cop surviving — Rueda and Sanchez expressed that they were thankful the officer didn’t die, noting they could have been facing capital punishment.
• Rueda mentioned “the community” and “some of the people we’ve come across.”
• 8:42–9:19: Rueda told Sanchez to tow the car (at 2400 block of 56th Street), which had her phone in it. “Tow it.” “My phone is in the back.” “Do what you got to do.” “Just tow it.” Prosecution replayed this section, characterizing it as Rueda trying to get rid of evidence.
• “Move whatever you need to move” — prosecution argued this meant moving evidence. Defense noted she was talking about pets at the time.
• Sanchez mentioned being at the house and “we’re good” — referenced moving stuff. Sanchez used “we” multiple times.
• 13:33: Rueda: “It wasn’t supposed to go like this.”
• 18:55–19:03: Rueda: “None of us have anything to do with anything.”
• Whithorn characterized “it wasn’t supposed to go like this” as a “false exoneration.”

Prosecution established “knowledge” element: Agent explained that the offense charged requires “intent” to conceal evidence in a federal investigation.

Defense Cross (Sanchez Estrada/Weinbel attorney):

• Rueda was in custody, knew the call was monitored, and was very emotional throughout.
• “Vanna” discussion was about coordinating Batten’s family with Rueda’s family.
• All concerns expressed were ordinary: daughter, mother, sister, animals (confirmed real), selling the house, commissary money for herself and Gibson. “All done lawfully.”
• No “Antifa decoding” training exists. No evidence of coded language found in any notebooks or calls. Agent does not believe they spoke in code. The conversation was not secret.
• Rueda told her mom that Sanchez had zero involvement.
• It is reasonable for people in proximity to be afraid of criminal consequences — especially given Sanchez’s status as a legal permanent resident (Green Card holder).
• “Community” is not coded nor illegal. Could mean people supporting Rueda — “not necessarily a conspiracy.”
• “We” could mean community members, people supporting another person. Can even be used by a single person.
• Rueda never said hide, destroy, or conceal.
• She gave a lot of personal information over the recorded call (mortgage, passwords, finances) — inconsistent with someone trying to be guarded.
• Sanchez never went to the car. He did not do what Rueda asked regarding the vehicle.
• Rueda’s car (Jeep) was not at Prairieland. It’s fair for a layperson to believe a vehicle that wasn’t at the scene isn’t evidence. She mentioned the car being repossessed — a reasonable concern for wanting belongings out.
• Agent’s own concession: “I don’t believe she was trying to hide or conceal.”
• Agent was at Rueda’s house 6–7 hours on July 5. Defense asked: “Is that how long it normally takes to hide evidence?” Agent: “I wouldn’t know.”

Defense Cross (Rueda/Clayton attorney):

• Transcript (Defense Exhibit MR 2B, admitted) showed Rueda’s Jeep did not go to Prairieland.
• Before mentioning towing, Rueda was talking about the car being repossessed — reasonable to want belongings out.
• “It wasn’t supposed to go like this” indicates what happened was not the plan.

Prosecution Redirect:

• Agent said no special training is needed to detect guarded language — compared it to talking in front of children without them understanding.
• Sanchez spent 6–7 hours at Rueda’s house the day before the call, with multiple people.
• Went to Kels’s place in Denton.
• Prosecution characterized “it wasn’t supposed to go like this” and assertions of innocence as “false exonerations.”
• At the time of the call, the shooter had not been identified or apprehended.

Defense Re-Cross (Sanchez Estrada attorney):

• Agent doesn’t list every colleague by name when talking to his wife about work — so why is “community” suspicious?
• Sanchez never went to the car.
• At that point, law enforcement was casting a wide net with all resources to find the shooter.

Defense Re-Cross (Autumn Hill attorney):

• Agent weighed in on what callers were thinking despite saying he can’t read minds of lay people.
• Agent had already decided it was “a planned ambush to attack ICE officers” — calling into question his objectivity in interpreting the calls.

Judge did not allow prosecution re-redirect initially, then allowed a brief one:

• When Rueda called Sanchez, he was at his house in Garland.

Witness excused subject to recall.

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End of Day (~4:01 PM)

Judge asked if prosecution had a short witness to finish out the day; they did not.

Judge reminded jurors that early voting polls were open until 7:00 PM and encouraged them to vote. Trial will resume Tuesday, March 3 at 9:00 AM. The judge instructed jurors not to discuss the case or do any research over the weekend: “Promise me to follow instructions.”

After the jury departed, the prosecution outlined its remaining case:

• Next (Tuesday): ~5 witnesses regarding Sanchez, then search warrant witnesses for the homes
• Tuesday–Wednesday: Post-arrest witnesses re Morris
• Wednesday–Thursday: 5 cooperating witnesses
• Then: Expert witness (relatively quick)
• Prosecution hopes to rest by end of next week.

Each side has 35 hours total for their case.

Incidents and Atmosphere

• Misgendering: Judge Pittman proactively addressed prosecution’s misgendering of defendants at the start of the day, instructing them to update their exhibits and use preferred names/pronouns. “I don’t want to embarrass you in front of the jury.”
• Courtroom conduct: The judge warned spectators about laughing and head-shaking during testimony, threatening contempt. This occurred during the Whithorn phone call testimony when defense challenged the agent’s interpretations.
• Simulcast: The Dallas simulcast courtroom continued operating. The judge noted it was “averaging 4-5 people” and there were no issues. A brief feed issue occurred in Dallas around 1:42 PM and again around 2:10 PM.
• Physical evidence displays: Carts of physical evidence were rolled in for multiple witnesses. The judge admonished Agent Woodruff to show items to defense counsel: “Be sure you show defense or you’re gonna be fired.”
• Banter: The judge and attorneys briefly bantered about Baylor and UT law schools during the Bergami testimony. The judge also bragged about not letting another federal judge observe the trial — “shows how much a stickler for his rules he is,” per one note-taker.
• Prosecution’s case timeline: Longest trial in 17 years in Fort Worth, per the judge’s comment at the start of the day.

Section 2: Full Notes

---

Note-Taker A

10:30

Ranger – Witness

W: We generally don’t take the scanner home they are $8000. It was most likely in Cleburne. Kim Boress CSI was 1st @ scene.

A: Were you the lead?

W: No, Tyler was

A: G-56 p1. Explain the rail light on a gun.

W: Its a flashlight on the end of the gun. So you can have normal dexterity.

A: Streamlight is the standard brand?

W: Yes, generally have a toggle on both sides. LTG carried on R side.

A: Would it have been possible for him to toggle the light and pull his gun.

W: No.

A: Round Count? We have to determine how many rounds the officer fired. We will remove magazine + one from chamber.

W: I didn’t interview LTG. I can’t assume he loads it full up. Running on the assumption he is full up.

W: We have an extra round in that one which is unique.

A: (talking about vest) (p5, 49, 56)

A: Defect is on the back of vest. Is it entrance or exit?

W: Entrance.

2/27 (2)

A: You testified that there is tissue on the back?

W: By entrance I mean it enters through the neck into the back.

A: Were you able to capture the scans?

W: Yes.

W: Kim Buress was the primary on scene.

A: The L scale you have on the van?

W: Yes its to show the scale. p9
Vans -white and van and the color we see here. Theres some coloration changes.

A: Did you find any shoe markings by the casings that indicated a shooting stance there?

W: No.

A: Is it possible they were dropped?

W: Yes.

A: Did you find any damage on the facility?

W: No.

A: Did you see any evid. of wildfire from fireworks?

W: No.

A: What was the K9 explosive unit for?

W: They were looking for a gun.

A: Did they look for weapons down the hill?

W: No.

A: Did you ever see any alerts from the K9?

W: No.

2/27 (3)

A: If someone is pointing a gun @ you what do you do?

W: Shoot back.

A: So its reasonable if LGT is pointing a gun @ someone running away for someone to shoot?

W: Yes.

---

PSS:

W: 3 casings w/ unfired rounds. Here is where we find additional spent cartridges. There are fresh defects in concrete. Could be from bullets.

PSS: Is is fair to say the rounds from the rifle went this way.

W: Yes.

PSS: Pistol magazine. Pg 44. Dropping of the magazines consistent w/ a person moving in that direction?

PSS: Is that consistent w/ someone clearing a jam?

W: Yes.

PSS: How many officer involved shootings have you worked?

W: 50.

PSS: Is this a good or bad shooting?

W: The officer didn’t shoot anyone.

PSS: Is your assessment that LTG was being ambushed?

W: Yes.

2/27 (4)

A: Its okay for a cop to shoot someone in the back?

W: Yes.

A: What if they are unarmed?

W: Yes.

A: Its okay to shoot an unarmed man in the back?

W: Yes.

A: Do you understand what someone would feel like seeing someone was pointing a gun at a friends back?

W: Very scary.

---

Witness Thomas Bergami — 11:05

Chief executive officer Warden @ PDC since November 2023, was w/ BOP for 31 years, warden since 2018.

A: Describe what PDC is?

W: PDC is a 1000 bed facility that house aliens. Witness prisons hold convicts. (goes over recreation activities, chaplain, visiting areas) Virtual booths where they can contact lawyer. Small dorms house 66, large 104. Bunk beds. No minors. Generally stay for 90 days.

A: Conditions diff. from BOP?

W: Not much different. They have play stations and popcorn. We have volunteers come out to help w/ recreation.

2/27 (5)

W: Volunteers are trained by us, just civilians from the community. Some donate books. Red Cross sometimes donates candy.

PSS: Have you had any daytime protests?

W: Not for the 1st 2 yrs. On avg 1/month since February of last year

PSS: Legal boundaries of property lines?

W: Contracted w/ ICE, operated by LaSalle. Property owned by city.

PSS: Was the guard shack manned on July night?

W: No, I don’t have the staff.

PSS: Was there patrols?

W: Yes. One patrol, but not that night.

PSS: How has security changed since then?

A: OBJECTION – 407

PSS: 407 doesn’t apply.

J: Overruled.

W: We’ve taken a # of measures w/ ICE staff. Added perimeter + 2 full time vehicles. Rebuilt guard shack.

PSS: $1700 worth of damage.

Exh. 122

Ex. 123 $1287
We were able to swap it out & fix it
w/ a opane (??).

— Cross Examination —

A : Ex 122. 3 line items detailing work on the brakes. There was no damage done to the brakes that night, correct?

W: No

A: That was $417 on that receipt not
caused that night?

W: Yes

A: And the guard shack you replaced had
no damage?

W: Yes

A: And if fireworks were shot directly @ the facility you would expect to
see some damage. Was there any?

W: Not to my knowledge

A: Was there any damage to the windows—

W: Not to my knowledge

11:35 Witness — Agent Woodruff (FBI)
PSS: How long w/ FBI?
W: August 2023
PSS: FTW office, since then
W: Yes
White collar crimes — things like financial
fraud

Evidence Response Team

• Forensic searches to assist squads
• Evans, Bauman, and Maris van searches
  Exhibit 53
  W Photos taken by Adrianna, but I was
  there
  < Photos distorted will be upgraded before being sent back >
• Cooler recovered outside of detention center w/ fireworks. The mega bangers &
  artillery shells
• mini-van
• Some searched at event & some searched after
• Honda recovered
• Walkie talkie + body armor w/ magazines recovered from mini-van
• Mr. Evett’s Mazda
• Baumann’s white vehicle
• Cameron James Arnold SS card
• Autumn Hill SS card
• Some SS #, different name
• Ford
• Mazda — duffle bag w/ firearms & body armor
  Ex. 38, 39, 196, & 197
• Found in trunk of Mazda, loaded firearm
• 39 — Rifle found in trunk of Mazda
• loaded, magazine in well & round in
  chamber
• p.30 pic of firearm & mag.
• 33, magazines found in rifle bag
• Phone & Faraday bag in Mazda
  W — Mace
• helmet in maroon Hyundai
• Vest from mini-van
• (54) walkie talkie
• tactical belt w/ magazines & holster
• Ex 196

J: Agent be sure you show defense or you’re gonna be fired.
PSS — Showed SRA material & Faraday bag + cell phone.
Ex 197

— Cross Examination —

A— The red mini-van, who searched it 1st?
W — I believe the FBI was 1st to search
A- In terms of moving it around etc?
W — I don’t know
A — You don’t know if the items were moved around?
W — no
A — You don’t know how the cooler was transported?
W — Yes
A — UN 336 on fireworks, consumer fireworks
A – Is there a certain # fireworks someone is allowed to have in their car?
W — I don’t know
A Is a loaded gun allowed to be in a car?
W — IDK
A Items from R Mazda did you seize them?
W – Yes
A – Do you have any evidence the firearms were taken into PDC?
W – No
A – Why did you take SRA doc?
W – The case manager asked us to.
A – We saw an item seized of someone throwing a nazi symbol in trashcan.
p. 43 from 53. Why did you seize this?
W – Directed by case agent
A – “Constitutional Carry, Carry Responsibly” Did you see anything encouraging bad
or illegal behavior?
W – No, I do not.
|11:55| LUNCH

---

12:50 Special Agent Ross Eldred

FBI – 18 years, FTW
W – works complex financial crimes and civil matters.
Ex 58
4th Amendment objection to pg. 9
A – Pic of glovebox w/ someones reading list w/ books that sound inflammatory.
PSS – OBJECTION OVERRULED –
PSS This vehicle was taken from neighborhood surrounding PDC?
W Yes.
Front passenger seat had bag w/ clothing.
p6 – Glock, hanging over drivers headrest,
loaded
p8 – loaded magazine
p9 – Glovebox w/ notepad
last 2 lines

• “I shoot 1st”
• “I don’t bash back”
• cell phones x2
• another
  p12 – pepper spray
  p13 – Knife & postal receipts
• mail addressed to Soto.
• ID (Savannah), inside phonecase
• Soto Driver License.
• paracord, cigarette lighter, knifes
• bag w/ glock
• CROSS EXAM –
  A Do you know when/where car recovered?
  W No.
  A [?] Do you assume all 3 IDs found were the pple who carpooled in that car?
  W I would not know
  A Do you know what things listed on notepad were?
  W No.
  A Everything is capitalized?
  Yes
  A As you would do w/ a title or Book?
  W I capitalize every sentence.

A
W I do not know who touched it yes.
gun was concealed in the bag, yes.

A You were tasked w/ responsibility of processing
this vehicle? And this was already at tow
yard?
W No, at the Police Station
A Ex 58, pg 10
A DMV Registration?
A Where was cell phone?
W In the front passenger side.
A p. 16
Health, insurance card etc. in passenger
side of vehicle all belong to Savannah
A p. 22

A Did anyone analyze the handwriting of the notepad?
W IDK, my job is only to seize the evidence.
A All the firearms & knives were contained in the bag? Correct?
W Yes

1:15 Agent Duros – Witness

FBI, 22 years, assigned to DFW airport,
Dallas division since 2019
Assigned to Aviation matters.
ERT (Evidence Response Team)

• collect evidence
• make decisions about items collected
  on scene
  Ex 61 –
  OBJECTION – pg 13+16, 403+404 & pg 29
  J – overruled
  p. 5 – gun safe, was not forcibly opened.
  P 7 – Firearms, mult. long guns & pistols &
  3 revolvers
  AR Variant
  p 9 – Rifle
  p 10 – weapon
  p 11 – ballistic vest
  p 12 – “
  p 13 – pamphlets
  p 16 – pamphlets
  p 17 – magazines & ammunition (in room w/ safe

p. 19 – more ammo, hearing protection.
22 AR conversion kit.
Hearing protection you would use @ gun range
p. 20 – ballistic vest
p. 21 – ” (military style loops)
p. 22 – Signs.
p 23 ” “
p 24 ” “
p 25 ” “
p 26 ” “
p 27 SRA material, boxes of
p 28 “
p 29 “
Ex. 187
AR Rifle
2 ballistic style vests, Molly style
2 ballistic vests (1 soft, covert)
Pamphlets collects
Another Pamphlet
SRA material?

• CROSS EXAMINATION –
  A. When did you arrive @ 56th St. House?
  W Idk. Not when officers arrived. Usually after SWAT clears the house.
  A. Were civilians @ the house when you were there?
  W Yes.
  A. One was Autumn Hill?
  W Idk
  A. Nobody @ the house fought or resisted?
  W Idk. No one on my team while we were
  doing the search.

p. 13 b/w Folder
p 14 ” open w/ writing
p 15 “
A Whose folder is this?
W IDK
A It belonged to Samuel Folks. Are you aware of any knowledge anyone else looked in notebook?
W I’m not aware
A You were asked to seize any literature that might look bad?
W @ the time it seemed important to the officer on scene.
A This pamphlet is a critique of 2 movies, hereditary.
A. Are any of the items collected illegal?
W. Not to my knowledge.

A How long w/ FBI
18 yrs, DFW Airport

1:42 – Feed issues (Dallas)

A There were civilians in the home?
W I believe 1 woman & child.
A Were you aware 10 pple lived in home?
W Yes
A Do you have knowledge of ownership of the items?
W No

FBI Agent Avalos

• FBI since 2022, previously History teacher
• Counter-terrorism Squad.
• Parents Mexican
• Bilingual, spoke Spanish 1st
• Started learning English in grade school
• Became fluent in Elementary school
  Role in this investigation, phone call b/t Rueda & Mother
  Evid. Transcription/Translation of Phone call.
  Phone call made July 5 2025 2:40pm.
  tasked to translate the phone call once received the audio call.
  W. My notes were to help me translate & remember for the investigation.
  EX 203 p. 1-8 (not the notes)
• Bottom says V1, V2, V3
• prerecorded female voice, disclaimer, stating it is subject to recording.
• translation is different than verbatim.
  pg. 1, ln 10 DMR – “Something terrible has happened”
  repeatedly advises Mother to communicate w/ Danny & Danny will be able to explain.
  “Tell Stevie to give you Danny’s # and he will talk to the community & be able to explain.”
  “Whats going on is very serious”

Mom – “What did you do”
DMR “I can’t, I can’t explain over the phone”
She talks about the animals in her house and is worried about them.
PSS What is her tone of voice
W: Sense of urgency & anxiety. She almost starts to cry. A sense of fear.
PSS: Also worried about her daughter.
J – You are doing alot of leading, be careful.

W: Mom asks for Danny’s phone #.
PSS: Earlier she says she can get that from who?
W: Stevie (ln. 26)
PSS: Then she gives a phone #?
W: Yes
W: DMR “Danny can explain everything, but I can’t explain anything to you right now.”
She also asks mom to help w/ pets
Mom: whats going on
DMR: Nothing & you’ve done nothing wrong.
line 40: Get in touch w/ Danny. I’m Johnson County Jail. He will know whats going on. At least I think will see whats going on.
OBJECTION
J: Sustained. PSS you are not a witness, this is not this testimony.

W: DMR – “Something happened, something horrible”

W Based on call. Danny knows community.

Mom asks what she did and DMR doesn’t answer. @ the end says she will call David.

---

A. Are you a certified translator.
W. No.
A. And you understand situations can change meanings of words?
W. Yes
A. And DMR was emotional, scared?
Yes
W & Mother was emotional scared as well?
A. Yes
p. 2 line 10
1st “Something terrible has happened, I need you to take care of my girl.”
2nd take care of pets
[2:10] Feed issue (Dallas), short
A: Job was to convey true meaning. Very complex.
Translate: Sana, Sana, Culita de Rana
“Heal, Heal, Frog butt” – literal translation
contextually its something mothers say to children.

A. DMR is a learned speaker, not a native. were you able to tell that
W. I can’t assess that

A. Entere, means to find out?

W. I can’t assert if she is a native or learned speaker.
A: She says Danny doesn’t know anything, tell him to call Kells. She started off Danny will know. Then says call community first.
A. Did you have to translate for your dad?
W: No, he learned before me.
A: Knowing Danny is bilingual, could it be a meaning that

W. I was attempting to save time by shortening what was said.
(DMR says to take care of animals and daughter will help & to take care of house)

BREAK 12:30 – 2:50
FBI Agent
A phone call July 5th
What did Cellular data of Sanchez phone show? @ time this phone call is going on?
W. Traveling from Garland location to FTW house.
A How many x did you listen to phone call
W 12-15x
A When is call.
W July 6

W I am lead case agent. Multiple things going out. Several agents listening to phone calls. I listened in real time.
PSS How do you know it is DMR & DDS?
W She has to ID herself for call & DDS # matchs to him.
PSS 46 sec – 55 sec.
“Prepaid call from DMR”.
“You’re current balance is $50”
1:12 – 1:30
DMR – You talked to my mom

W DMR & DDS making initial contact, asking if he talked to mom & is up to date on what is going on.
PSS Who is Vannah?
W We assume its Savannah
PSS Impression of whats going on?
W He understands @ this pt why she is arrested. He is concerned w/ getting her legal representation. She expresses concern over Rowan (Joy Gibson), who was arrested laying down near the wagon.
W. DMR expresses concern “like Liz and Ines” b/c they are also married.
PSS Is there any proof leading up to the attack pointing to DDS?
W No

They discuss they are thankful that the officer survived. And discuss finding support for the defendants.
Mention name Rowan again. Joy Gibson
that their roommates are gone and no one is @ the house.
8 min 23 sec – 2 cl [?] sec
W DMR expresses concern over gathering of evidence.

• OBJECTION, PSS leading again –
  overruled.
  8 min 43 – 9m1 0s
  (DMR asks DDS tow car, phone is in the back, asks if he knows the passcode)
  2400 56th St is where car is parked.
  PSS – talk about why this made you zero in on DDS?
  W. – this is immediately after them talking about evidence. And she
  says where her jeep was. which was the house they all left from (56th St House)
  DDS doesnt have key and she says tow it.
  PSS – The address is vague correct?
  W – Yes. Its just a block.
  PSS concerns here
  W. – Personal nature. Intermixed w/ concerning statements. They are talking about bunnies & kitties & she says “do whatever you need to do. Move whatever you need to move.”

W It does appear they are being guarded because they are being recorded.
(PSS starts leading again, A objects,someone laughs & Judge reiterates holding pple in contempt for laughing/nodding)

W Still talking about the car. DMR talks about locksmith for car, DDS thinks its about house. DDS says he has already been to house & we’re good, references moving stuff.

---

W She mentions Seth Sykes.
PSS How does DDS talk about the help?
W “we” its always “we” are finding support.
(DMR “It wasn’t supposed to go like this”)
W The outcome of the night isn’t what she
expected.
W Sanchez is trying to give support to DMR. Also talking about moving things around. Clearly giving support.
She says they didn’t have anything to do w/ anything.

— CROSS EXAMINATION —
A Call was from Johnson County and anyone on it would know it was being monitored. And she is very emotional, crying sometimes
A Vannah?
W. In that context, to make arrangements for Savannah’s family. She was scared b/c they were segregating everyone

A We confirmed all animals were real?
W Yes
A Has she sold the house?
W IDK
A They talk about commissary?
W Yes

/

A Have you done any work in decoding secret languages? In decoding ANTIFA codes?
Were you able to compare to any other phone calls to compare calls?
W I said they were guarded. Not coded

• Are you aware of DDS status
  Perm. Resident
  Green card, could she be worried about that for him.
  A. When he says “we” you take that as meaning conspiracy group.
  W Possibly.
  A It could be the community helping
  W Yes.
  A You said concern of moving thing in car/house indicative of…
  W. Yes indicative of moving evidence
  A She tells DDS exactly where car is parked. Thats unusual?
  W Usually law enforcement uses that language.

A. She never says hide, destroy, conceal?
W. No Sir
A. And she tells him to remove personal items.
W. Yes. Sir.
A Do pple have a duty to talk a certain way?
W – No Sir
A The “tie goes to the winner”
it means if things are 50/50 it leans a certain way.
A. She never refers to any boxes or books. She talks about finances etc.
W Yes Sir.
A Interpretation is your opinion & not direct evidence correct?
W Yes.
W Datasheet, July 5 12:39 pm cell signals move from Dallas → Ftw.
A July 6, in your interpretation, she asks him move evidence from that house.

---

A Ex MR2B
A. about DMR Jeep. Is it fair 4 a layperson to believe that a vehicle that did not go to PDC was not relevant evidence?

A. She mentions it getting repoed, is that

A If DMR was trying to hide DDS would she list him
W I don’t believe she was trying to hide or conceal him.

PSS Do you possess knowledge or common sense?
Have you ever had a convo in front of your kid w/ your wife where you are
trying to hide info from kid? Is that how this convo went?
W Yes
P Cell data said he was @ house for 6-7 hrs.
Charges are conspiracy w/ DMR & others
P Are you saying he went to house alone or w/ others?
W w/ others.
P Where does DDS bring box?
W Kells in Denton, (person mentioned on call.
@ this point do officers think there are more
shooters?
W Yes.
P Do officers know what they are going to move?
W Yes.
PSS Have we IDed shooter @ this pt?
No.
PSS What did she say about phone?
W Stevie knows passcode.
PSS “Do what you need to do”
W To get that phone away from house

A How long @ house?
W 6-8 hrs
A Is that how long it normally takes to hide evidence?
W I wouldnt know.
A Did he ever go to the car?
W No, sir.

• We were using all recourses into finding
  the shooter
  A @ the PDC, some pple saw figures.the shooter is kinda seen. But not
  identified.

PSS asks to redirect, judge says No.

• A. You said it doesnt take any special knowledge about how normal pple. think.
  You had decided it was a planned ambush @ this point.
  A After this phonecall, based on your knowledge where was DDS during call?
  W Garland
  J: Do you have short witness we could put
  on, So we can just be over and done?
  [4:00]

J: Reminds jurors to go vote. Next session
9am Tuesday.

---

Note-Taker JC

“Reason is the life of the law. Nay, the common law itself is nothing but reason.” [no name given for quote – reviewer]

asked state to use def. preferred pronouns.
expects it to last next week & into following week
longest trial in 17yrs in Ft Worth.
review rules — nothing court says is bias belief of judge, not evid.

own indy  view of facts/evid.

obj. 0 evidence — limited purpose instruction — nothing you hear

---

Cross exam of Ms. Burris

24 hr call out for JCSO — have take home vehicle.
Did go to office to get equip — lighting, flashlight, camera, battery, etc.
check in w/in CS log — Dep Travis.
multi jurisdictional event — JCSO assisting Alvarado PD at direction of Tx Rangers
if its your scene you control access.
instructed Dep Travis to restrict access unless approved by Rangers
shooting area, graffiti area — one large area — w/ secondary & third scene
walk through — dep showing me where things are, layout.
do photos after walkthrough
3-4 Rangers — did not bring evidence trailer
FBI — don’t recall if ERT was there, know some FBI was there
A LOT of people were there
BATFE — don’t recall if big white & blue evid truck was there
Alv PD, det assisting w/evidence, troopers assisted, Rangers assisted.
Leica total station at scene w/ Rangers to scan scene — camera system to scan & measure to recreate scene digitally — cloud point scan before collecting evidence

rangers should know answers to
not all have same training — some more & some less
people searching for evidence barehanded — don’t recall. Would cause concern if collecting evid w/o gloves.
need to change gloves btw items. Have hundreds of gloves in car.
collected, marked, packaging.
cart — didn’t package it. like what kids use to carry equip to sports field

reflective side of cart

Paper bags, notes on side.
72-74°, it had rained & drizzled heavily through

Wet brown paperbags — let dry to repackage

Ranger Williamson said evid go to Alv PD
items laid out prior to my arrival in squad room.
yellow legal pad & sharpie.
importance of eliminating contamination/cross contamination. should
DNA can be very small
Breaks evidence rule? Not necessarily.
Sanitized table, fresh paper.
laid out paper, items laid on top of that, photographed before packaging.
Process should be followed. Could go to weight of evid.
Drying rack — standalone chamber w/ filtration system.
Dried fully before packaging.
Computer system for tracking evid. Chain of custody. 250+ pgs.
logged in 12:39
did not go inside fence line. Did not get close up to building.
No damage to fence line.
Planning to hold scene til daylight — longer than ofc was in hospt. Not aware if ofc came to scene to do walkthrough

don’t recall if ATF K-9 units arrived.
9mm duty issue. Fired 3 rds. Recovered 2 casings.
Did not watch in car video
Fire Marshal drove through — not sure if checked for 3rd casing.
2 casings found w/ metal detector.
Govt 41 vest
New republic logo patch from 1997 video came.
GSR testing. — Not present for GSR testing. Don’t have policy for GSR testing.
Under Armor, Adidas. “Tactical” pants from Walmart. Roofers etc
Released scene back to Alvarado PD.
No gross fires.
Pic of spent fireworks display. Collected spent fireworks.
Cooler collected by FBI. Store at Alv PD. Never been to their prop [room? – photo cut off – reviewer]
Process to sign items out. My color was red.
Don’t like to cut evid tape. Need chain of cust.

New Lawyer
Govt 57 index personal property list
pg 149 Pants — Liz Soto. Not tactical
pg 150 black tshirt, underwear, dental floss, vape, covid mask. N[word cut off – reviewer] gear.

Redirect

Govt 57
didn’t get to scene til 12:39
walking ~1am
pictures ~2am — 3hrs after shooting
no control over what other people did. Never dealt

Deputy Marshal

(first time in hist trial been simul cast)[cast? fast? unclear word – reviewer]

Direct
JCSO, was w/ Alv PD in July, 12yrs w/ them
Crim Inv. Div. — follow up invest from initial reports. Like detective.
Interviewed Lt Gross & went to scene. Process evidence
How chaotic scene was.
Alv PD evid vault not large. Training room for temp evid storage.
Evid stored in different places.
Govt 52 — last page. Admitted over obj.
backpacks at scene w/ multiple items — handgun, goldish bags — faraday bags.
near where the car was. 2 phones in bag.
Turned over all cell phones to FBI
Alv PD training room, tables, projector, LCD screen. Room secured & items laid out on table. Dry.
No scene this large before.

No cross.

---

Ranger Hill (Big Hat) — Billy James Hill Jr.
Direct
8yrs as Ranger, 17yrs w/ DPS
inv [<- unsure of word -reviewer] officer involved shootings & other serious offenses.
Tyler Williamson, Briden Hefton
arrived 1:30am July 5
crime scene mgmt & processing. I was there to assist
run forensic crime scene scanner.
Govt 56 No Obj. Admitted.

[unclear: D’s] [unclear: (p24, p45, 3/p24, p27, p54, p59, 20/109, (49))]

p1 Glock Pistol — located in backseat of fire marshal veh. Lt. Gross’s
p2 Lt Gross’s ballistic vest, some blood
p4 blood on label
p5 bullet defect, flesh/tissue. Entrance, no exit. Believe projectile in vest still
p? document entirety of scene. Sallyport of facility

explains what sallyport is. Surveillance cam broken off on ground

p? another camera
p9 close up of camera on ground.
p10 documenting van.
p11 mud on headlights, light broken out to hanging.
p12 tires are flat. Found stab marks in all 4 tires.
p17 flat tires
p21 cut mark in tire. 2″ gash.
p? Daylight hours. ~6am. 6:45am
p30 radio/walkie talking, not police walkie talkin. Does not appear to be a Baofeng.
p? First residence to west of facility. Carport.

find spent cartridge rifle cases, unfired cartridge, glock magazine

AC unit of home

p 42 unfired rifle cartridge for AR15
p 44 3 spent casings. very close to house. Casings discharged when rifle fired, can bounce around some.

15 yds (45 ft) from where other cartridges found. 2 firing positions.

p 48 different ammo, different position. Original officer involved shooting scene. area where Lt Gross would’ve returned fire.

Overhead view — describing where different casings were found

Lt Gross fired 3rds. Find 2 casings.

Break.

Cross (Ranger Hill)

• primary assignment was critical incident ofc involved shooting
• didn’t have to go to Leica scanner. Probably located in Cleveland.
• Don’t have to get briefing. Kim Burris JCSO
• Ranger scene. Lead ranger was Tyler Williamson
• Govt 56
• glock pistol, has flashlight on gun. Streamlight flashlight to allow
• can usually activate light w/ either hand.
• Right side carry.
• probably not possible to toggle light on & off w/ only 1 hand.
• manual process to turn light on
• gun was holstered & light off when found.
• round count in magazine significance.
  • didn’t interview Lt Gross. Can’t assume he had it fully loaded.
• Most officers have fully loaded.
• extra round in this case, that’s unique
• carrier/vest — outer fabric & inner armor/protection
• armor behind carrier strap
  • entrance wound w tissue.
• hits person first, exits neck, then into vest.
  • No drawings in report
  • didn’t recover projectile. Preserve for laboratory.
• Do scene scans in rain.
• Did look for bullet strikes. Did not find any.
• Found bullet strikes in asphalt when dried out. Defects on concrete
  • unable to determine direction of fire etc. Did not swab defects.
• Burris was head crime scene.
• Didn’t photograph defects w/ L scale.
• Govt 56 pg 9: photo, coloration of van.
• white van.
• coloration change on magazine, Red butt of magazine.
• Any footprints near cartridge cas
• Policing ones brass — explain that you pick up your spent cases to throw away.
  • possible casings were dropped there.
• Never went inside sally port or fence line.
• No evidence of damage from gun to
• No. wildland
• ATF K-9 dog. for gunpowder residue. Don’t know how dog trained.
• Dog was there looking for gun.
• Grassy Hill,
• Distinctive tell btw K-9 & Handler.
• where light is pointed, gun is pointed.

Another lawyer

• Lt Gross testified illuminated person w/ gun light — means pointing gun at them
• when point gun at someone, can assume might shoot them.
• have you had gun pointed at you – yes.
• what do you think it means when they point gun at you?
• going to shoot me.
• what do you do? shoot back
• if someone sees Lt Gross point gun at someone, is it reasonable to think that he might be about to shoot them? yes.

Redirect

• Defects looked fresh. in concrete
• explaining locations on satellite view.
• how many office involved shootings

cont’d redirect:

• not a question in this case about good
• was what Lt
• call for assistance. Fireworks.
• know from BWC, hectic & confusing. Gets out & tries to assess
• almost an ambush situation for Lt Gross

Recross

• not aware Lt G pulled gun first.
• not aware that he chased down person & pointed gun at back.
• ok to shoot someone in back — like school shooting situation
• ok sometimes to shoot unarmed person in back
• First day hes hearing the Lt G pulled gun first.
• pull gun when use of force is immediately necessary
• shoot until threat is over

Bergeni
Direct

• CEO/Warden @ Prairieland — since Nov 2023
• US BOP for 31 yrs
• 1000 bed facility for “aliens” 14 dorm style facility to 1 spec housing
• rec facilities, chapel, dining, medical, admin, visiting area virtual atty area.
• Bunks in dorms, 66-104 beds/dorm. Only adults. ~90d at a time
• conditions not dramatically different than BOP
• give them as much as can, popcorn, playstation etc.
• 30 volunteers. Celebrating Ramadan. Priest for Ash Wednesday
• give them training. Annual banquet. Some want to donate books.
• Protests started Feb 2025 ~1x/mo then more often.
• no protests got aggressive before this one.
• Manned Guard shack. Not occupied that night bc no staff.
• 1 perimeter vehicle — but not that night bc of staffing
• How has security changed? Obj. under FRE 407 Overruled.
• (Banter about Baylor & UT law)
• changed dramatically. 2 full time perimeter vehicles. New fence. new guard shack. redesign front lobby. new cameras.

Govt 122

• Damages — 4 slashed tires, 1 broken light — to transport vans
• used to transport aliens to hosp or airport $1700 in damage
• Govt 123 repair cost for camera by gate $1287 each

Cross (Clayton)

• Govt 122 Brake repairs for $417 — not caused that night.
  • No damage to windows on guard shack
  • No damage to lobby.
• No repairs on west side of facility.
• Depend on type of fireworks.
• Perhaps cause burn marks
• No marks to my knowledge.

Agent Megan Woodrow
Direct

• FBI since Aug 2023.
• white collar crime, financial fraud etc.
• called to help through ERT
• responds for squad searches.
• Vehs for Evetts, Baumann
• Govt 53 photo logger for search, photos taken by other agents.
• cooler w/ fireworks
• fireworks, “Artillery Shell”
• Minivan
  • walkie talkie w/ long antennae, body armor w/ magazine
  • Arnolds & Hill’s SS cards — same SSN, dif name[<- unsure of this word, photo cut off – reviewer]
  • Honda
  • rifles
• Mazdas → Evetts veh
• Duffle bag in trunk — guns & body armor.
• Pistol.
• Obj to leading — overruled.
• Govt 38, 39, 196, 197
• Pistol found in trunk in Mazda loaded
• 39 rifle in trunk of mazda. loaded.
• magazines in Rifle bag.
• Baumann’s vehicle.

phone in Faraday bag from Mazda.
Mace. Don’t know where or which veh.
drawing
magazines.
Helmet – trunk of Veh 1
Vest + mags in minivan.
tactical belt w/ magazines
Govt 196 Stickers, 1 for SRA not sure what else.
Govt 197

Cross

Who originally searched minivan – believed FBI.
Don’t know who first looked, touched, moved.
Before FBI took custody, don’t know what happened to it.
Cooler: while waiting for veh SW’s found coolers at PDC

brought to station.

packaging is consumer fireworks. Not familiar.
Don’t know of upper limited of guns that are legal to have.
Don’t know what SRA is. Socialist Rifle Assoc.

Cross

seized red mazda.
no info that rifles taken to PDC
stopped 3 1/2 mi away.
Pamphlets for SRA seized bc case agent said to
don’t know anything about SRA.
Picture of Swastika being thrown in trash in Govt 53

seized bc of case ag[<- unsure of this word, photo cut off - reviewer] decision

constitutional carry — nothing encouraging illegal behavior.

---

Lunch Break until 12:45.

(Banter about vouchers)

Agent Eldred
FBI 18 yrs in Ft Worth
complex crimes, public corruption
search of Soto’s vehicle

Govt 58 Photos of Subaru & contents. Soto’s
renew 4th amend obj to pg 9 – argument outside presence of jury.
p9 pic of glove box, reading list, some are inflammatory,”I shoot first” govt cant
say who’s it is, unfairly prejudicial. “I don’t bash back, I shoot first”
& other zines. Overruled.

Vehicle in neighborhood around
front passenger seat bag w/ clothing
Glock pistol in satchel hanging over driver headrest loaded.
loaded magazines.
glove box w/ misc items
last like songs “I dont bash back I shoot first”
2 phones
pepperspray.
Knife
mail to Ines Soto.
ID (TXDL) in phone case.
Soto’s TXDL
paracord, cig lighter, knives
Govt 40 Pistol. “Duly noted & preserved for appeal.”

Cross
Don’t know when it was recovered or exactly where
3 people’s ID
Don’t know who is in car
nothing illegal in car
no idea what things listed on notepad were
each thing capitalized – like titles
Don’t know who’s notepad.
Firearm still in bag in car. Bag in plain view, gun concealed in bag
Cross 2 (Tolbert)
processing after towed to Alv PD secured lot.
pg 10 Ex 58
Processing veh doesn’t include looking up DMV registration info.
cell phone in front passenger side
cards inside phone case together in passenger – belong to Savannah Batten

pg 22
Analysis of notepad? Don’t know what is done w/ it afterwards
Bag hanging off of driver seat.
After incident on July 5.
Don’t know who was arrested, don’t know who occupied
don’t know if all items were in bag or not. But fire
Not aware of any fingerprinting – not tasked

Agent Ross (Viross?)
FBI 22 yrs, Dallas Division
Aviation matters to team leader for ERT → process crime
scenes, collect evid, help case agents with things
Govt 61 Residence 56th St Residence in Dallas.

obj to pgs 13-16, relevance 403, 404 overruled.
obj “Duly noted & as far as I’m concerned
preserved for appellate purposes”

Gun safe – don’t recall how it was opened, but not forcibly opened
guns – multiple long guns & pistols laid out for photographic purposes
AR variant
guns guns guns.
Ballistic vest.
Pamphlets.
Magazines. Ammo can. Same room as safe.
More ammo. Hearing protection .22 LR conversion kit

→ like at rifle range.

Ballistic vests. Molle webbing for attaching things
Protest signs.
SRA materials – maybe in garage. Only took 1 or 2 of several boxes.
Govt 187 – items seized
stepping down from stand to look at cart of guns.
Rifle. Vests. Pamphlets → warrant specifically stated pamphlets.
Notebook. SRA materials not included in Govt 187

Cross 1
Don’t know when ofc first arrive. After SWAT clears house
several civilians still at house. Didn’t interact with anyone
make sure processed correctly, evidence seized, packaged, logged
correctly.
No recollection – didn’t fight any of my team.
Notebook/folder – w/ writing – don’t know whose it is.
Belongs to Samuel Folkes

Don’t know if any defendants ever looked in this folder/notebook
Pamphlet related stuff for invest.
Any pamphlets related to… don’t remember. Decision made by
case agent.
Something about Stonewall.
Don’t know what it has to do with case.

Cross 2
DFW RA – stationed at airport
eligible to retire this year.
once swat leaves/clears – call us forward.
at off site location during raid
SWAT team still there
one woman allowed back in bc small child.
Told 9 people & baby lived there.
Not trying to est. ownership of things – just where in home found
Not against the law to possess items

Agent Ulysses Avalos?
FBI since 2022. Hist teacher & HS counsel
counter terrorism
from Chicago. Parents born in Mex. Of Mexican descent.
speak Eng & Span. Spanish was 1st lang. Parents didn’t really
speak eng. learned eng in school. Fully fluent
Participated in investigation by listening to phone call by
Maricela Rueda & mom.
Translation/transcript of call. Agree w/ translation/transcript.

pg 9-11 notes I made to translate transc
call 7/5/25 2pm
why? tasked to translate call. Agents listening to jail phone
calls. Notes not full transcription. Just capture things to assist in
translation
Govt 203 pgs 1-8 both admitted by agreement
Def 1 phone call itself.
Translation not verbatim – conveying meaning
line 10 – MR: something terrible has happened
Danny can explain what’s happening.
line 14 – tell Stevie to give you Danny’s #, communicate w/ community
doesn’t elaborate what community is.
whats going on is v serious.
what did you do; can’t explain over the phone.
worried about animals in house
what is tone of voice – sense of urgency, anxiety, almost starts
to cry, sense of fear. Worried about daughter.
(don’t put words in witness’s mouth)
give me Danny’s ##. Stevie has Danny’s #
Maricela provides phone #.
Danny can explain everything to you.
IDK whats going on. Nothing you haven’t done anything wrong.
Get in touch w/ Danny. Ask Danny if he
Danny needs to be careful
Obj sustained.
Mom asking if Danny is involved – No he doesn’t have
anything to do w/ it
What did you do. Something has happened thats horrible.

bail is $1 million we can only get out together
need attorney
Obj overruled
Danny seems to know same community as MR.
What did you do? No. mom.
call Daniel now.

Cross! (FPD)
not certified translated.
words can have more than 1 meaning – situation can change meaning.
arrested, traumatic
MR emotional, scared. Mom too.
Jail calls often used to prosecute.
First subject – first concern is daughter. Then pets
Don’t know if they were real animals.
Different meaning based on tone. Choosing a meaning req’s interpreting.
Very complex. Words, emotions, culture.
Does a learned speaker choose different words?
Can you tell that she’s a learned speaker instead of native?

→ can't say one or another.

Tell Danny to call other people to find out whats going on.
Ask him if he knows whats going on.
Tell Danny to call Kels bc she’ll know.
Father learned english before me.
Kids often become translators for parents who don’t speak Eng.
Can’t answer that.
She says multiple times he knows.
Can’t answer. Not sure what he knows.

Bias & implicit bias. Are you familiar w/ word “implicit”
Counter terrorism – everything you get is terrorism.
line 35 – started halfway through line – but whole line has
line 38 – didn’t want to lose mother.
whole line need to decide meaning – facts that are relevant to
investigation.
line 40 – leaving out “irrelevant part”

instructions about pets.

Break.

Sp Agent ?? didn’t catch name. JVS LEX.
FBI – one of main case agents.
jail call July 5 2:40pm
cellular analysis of Mr. Sanchez’s phone – traveling from one
place to Ms Rueda’s residence
listened to phone call on July 6 in morning
in Dallas op center – staff monitoring calls. Agent alerted me to
call btw Rueda & Sanchez.
Govt 67 Recording of call. loud & soft parts.
Obj R106 play entire call. Overruled.
initially making contact – have you talked to mom.
(really hard to hear)
Vanna is Savanna Batten
understands why she’s arrested, wants to get her legal
representation.
Worried about Rowan – monniker of Joy Gibson who was
arrested near wagon.

Being questioned about if mr. Sanchez knows anything.
Liz & Ines
Do we have evidence of involvement of Mr. Sanchez being involved.
Prior to attack? No.
Knowledge of ofc being shot. Thankful he didn’t die bc would
be facing capital punishment.
shows knowledge of seriousness of situation
Mentions Rowan/Joy Gibson
contact the community which shows that there is a larger
group of people
this part raising alarms. No names given.
“some of the people we’ve come across”
Different tone. Confiscated property. Evidence gathered by Feds.
Know its potentially a fed crim case.
Car parked in 2400 block of 56th Street

(Judge bragging that he won’t even let another fed judge come watch

→ shows how much a stickler for his rules he is)

clear concern for tone. Emphatic command to “tow it”
concern for
didn’t describe exactly where the car was.
convos of personal nature, stressful time. Doesn’t flow like a
normal c
“move whatever you need to move” possible its just referring to
bunnies & keys & such.
appear to be guarded what they are saying
(admonishing about laughing & head shaking – threatened w/ contempt)

Didn’t take her jeep to prairie land.
Is it fair for layperson to not think this vehicle is evid.
referred to possible repo. would be reasonable to

wasn’t supposed to go like this.

Not familiar w/ process to apply for atty.
Don’t believe she was trying to hide or conceal.

Possess reasonable common sense
don’t need specialized
have convo with wife in front of kids w/o kids to d

if this is too dangerous for you I understand.
why would it be dangerous to just help w/ kids.

At house 6-7 hrs.
familiar w/ indictment
refers to being at the house with others.
community. reasonable word.
brings box to apt in denton for Kels or Kelsey.
Don’t know how many shooters
Don’t know what hes going to make at that time.
my opinion is false exoneration.
Haven’t ID’d or apprehended shooter.
Doesn’t want to talk about who community was, or who these
“Do what you need to do

Don’t need special training.
Recross 1
6-7 hrs at house.
don’t know how long someone trying to hide evidence would be

don’t list every single colleague
never went to car. asked to do something
important to find shooter – using all resources
could you read into something
Recross 2
don’t need special training
had a lot of opinions about what callers were thinking

Redirect
where was he at time of call – at house in garland
moved boxes out.

Recess for day.

polls open til 7pm for early voting – encouraged to go do that.

back on Tues @ 9am.
can’t talk about it or do research. Promise me to follow instructions

Jury leaves.

States estimate: next wits about sanchez (5 wits)
wits abouts SW of homes.

post arrest warrants Tues-Wed
Wed-Thurs 5 cooperators
Hope to be done by end of next week.
etc

Discussing moving tables & stuff.

---

Note-Taker JM

TRIAL DAY 5 AM
Judge in at 8:56 am

• Lawyer checkin and outfit inspection
• Judge makes note admonishing prosecution’s misgendering. Wants exhibits to use preferred names instead of the other names.
• Reminds jury of jury instructions & rules

Meagan Morris Crosses Kim Burris

• Had to go back to the office to get more equipment after arriving to the Prairieland location that night
• Checked in with Dep. Kravitz when she arrived.
• Rangers had control of the scene that night
• Once you take control of crime scene, it’s your responsibility to direct the scene
• Instructed officers to not let anyone get into the scene.
• Large area = divided into 3 scenes
• One large restricted area at detention center
• Did walk-thru of the scene. Walk-thru first and then start taking photos
• 4 rangers there.
• FBI agents that night. Doesn’t recall if the Evidence Response Team was out.
• Doesn’t recall if the explosives inspection truck was out there.
• Divided up labor across the scene
• APD & troopers helped collect evidence
• Also rangers helping her
• Ranger Hill went off to another section w/ “Leica total station” to scan and measure everything in the scene
  • Takes measurements to recreate scene
  • Leica scan done before taking shells
  • This scanning process takes a long time.
• People you’re instructing don’t have as much training as you
• Some individuals were bare handed in photos handling evidence — IDK
• If someone was handling evidence bare handed, that would be a problem.
• How do you go about collecting the evidence?
• Marked it, packaged it
• Didn’t package the cart
  • Reflective nature of cart
• Packaging could be brown paper bags, notes made on bags to note collection information
• It was raining & drizzling heavily while they were there
• Have to preserve it the best you can before pulling it out, letting it dry, & repackaging
• Ranger Williamson made decision to take evidence to Alvarado Police Department
• Why is it important to limit DNA cross examination?
• Can be diluted over time, w/ weather, etc.
• Can get DNA off the tip of a pin
• All the evidence w/ DNA was laid out at the same time, together, how do we square that?
• Sanitized & laid out paper to lay evidence on top of it.
• Didn’t follow process for her agency correctly
  • If process isn’t correct, DNA results might be unreliable.
• Evidence was fully dried before putting back into evidence bags
• Took more photos than the prosecution admitted into evidence.
• Logged into scene at 12:39 AM.
• Never searched inside the fence line.
• Never got close up on the building
• Did not notice any damage to fenceline or building infrastructure
• Held scene until daytime, even longer than Lt. Gross was in the hospital.
• Typical to bring officer back out to the scene to walk thru; but did not bring Lt. Gross out ever after his release from hospital.
• Gross fired 3 shots, but only found 2 rounds of bullets.
• Fire marshall drove thru where Gross was shot; doesn’t remember if they checked his tires for the 3rd shell casing.
• Burris wasn’t present during gunshot residue testing.
• Can buy the pants described as “tactical pants” at the Walmart.
• Released scene back to Alvarado PD when done w/ the scene.
• Marshalls didn’t go later to process evidence after that.
• Collected fireworks, didn’t classify the different types.
• Cooler was collected & stored at APD
• APD officers did not handle the evidence bags to Burris’ standards

Liz Soto Crosses Kim Burris

Ex. 57 – P.149

• Liz Soto’s pants don’t appear to be tactical.
• T shirt, underwear, chapstick, dental floss pick, nicotine vape, a mask.
• Not “tactical gear”

Prosecution Redirects Burris

• All clothes dark in color
• Logged in at 12:39, walked scene ~1am, started taking photos ~2am, about 3 hours after the shooting.

Burris Released, Subject to Recall

Prosecution Directs Deputy Chad Marshall [witness #19]

• Sheriff now, but was at APD on 7/4/25.
• Interviewed Lt. Gross & then assisted at the scene & then processed the evidence at APD.
• Backpack collected at scene w/ a handgun in it. Also 2 faraday bags & a gun holder.
• Bag taken from near where the cart was
• 2 cell phones were in the faraday bag.
• Evidence held in APD training room. Typically used for training, but converted into a temporary evidence room.
• APD had never dealt w/ a scene this large

— No Cross —

• Witness dismissed subject to recall

Witness #20

Prosecution Directs Ranger Billy Hill

• Texas Ranger for 8 years. DPS before that.
• Investigates officer involved shootings & violent offenses.
• Responded on 7/4, arrived at 1:30 AM (about 3.5 hours after shooting)
• Operated forensic crime scene scanner that night.
• Collected Lt. Gross’ Glock, vest (dirty)(blood)
• Bullet defect w/ flesh residue
• Enters from right shoulder, doesn’t have exit defect so at the time believed bullet was stuck in the vest.
• Documented the facility crime scene while Burris left to look at the other crime scenes that night.
• Surveillance camera broken off from gate entrance to facility where detainees go in & out
• Shows ICG van w/ damaged passenger light, flat tires w/ cut mark & 2 in dash.
• Finds walkie talkie on the ground
• Finds rifle casings & a glock magazine
• Casings close to the house nearby
• Photo of bullets ~30 ft away from detention center
• More casings
• Found Gross’ casings from about 45–50 yds from the rifle casings.
• Shows where each casings were found
• Gross fired 3 rounds but only 2 recovered

Break 10:10 – 10:34

Meagan Morris Crosses Ranger Hill

• Rangers typically work the shooting
• Can’t remember where the Leica scanning was, probably in Cleveland.
• Rangers took control of the scene when they got there, led by Tyler Williamson
• Need 2 hands to switch light on the firearm, Gross couldn’t have turned the light of the gun on (as shown lit up in video) while holding the radio at the time; had to have turned it on before.
• When found, gun was re-holstered & light off.
• Entrance defect located on strap. How did the flesh get on outside? → Entered rifle before vest
• Didn’t make drawings of injury that night
• Recent-looking defects in concrete area, can’t say from what.
• Discoloration of van on the photos b/c of Leica scanner technology.
• Light on gun shines in direction of where gun is pointed.

Autumn Hill Crosses Ranger Hill

• If gun illuminated a gun light at a subject, then the gun is pointed at that subject
• It would be reasonable to shoot back if pointed like that; Hill would.

Prosecution Redirect Hill

• Has worked ~50 officer involved shootings in his career.
• In his opinion, Gross properly acted that night.
• Was ambushed

Song Re-Cross Hill

• Gross pulled gun out first → Hill didn’t know
• Says a cop can shoot someone in the back
• It would be scary if you saw an officer pull a gun out on someone
• It’s okay to shoot an unarmed man in the back

Hill dismissed subject to recall

Witness #21

Prosecution Directs Thomas Bergami

• Warden at Prairieland (CEO) since 11/2023
• Before worked Federal Bureau of Prisons for 31 years
• Prairieland has 1,000 beds for “aliens” 14 dorms & 1 special housing
• Has recreation, chapel, admin, cafeteria, visiting areas
• ~90 days at a time is average stay for detainees
• Have had more protests at Prairieland recently, since 2025. More than once a month.
• None have gotten “aggressive” before 7/4
• No one on controls of security that night b/c short on staffing. Have upped security since then
• Objection 407 “subsequent remedial measures”
  • Objection overruled
• More fencing, bullet proof windows, more cameras, armed security guards.
• Transport van that was destroyed
• Broken surveillance camera costs $1,287.

Maricela Rueda Crosses Bergami

• There was no damage to windows & parts of buildings that were upgraded to “bullet proof”
• No updates in security to freedom door side.
• No fireworks marks on building
• No damage to any windows at the facility

— Warden excused completely —

Witness #22

**Prosecution Directs FBI Meagan Woodruff

• Primarily investigates white collar crimes (financial fraud)
• Called in to help evidence response team
• Didn’t take the photos but logged them.
• Cooler with fireworks in it
• Minivan (the red one) — walkie talkie, body armor, magazines -Cameron Arnold’s and Autumn Hill’s social security cards w/ same #
• Honda
• Evett’s Mazda
• Bauman’s white car

Red Mazda

• Dufflebag — firearms, body armor
• Shows firearm to jury. A glock, loaded, found in the trunk.
• Rifle also found in trunk w/ magazine
• Loaded magazines found in rifle bag.
• Phone found in faraday bag

Bauman’s White Car

• A paper w/ writing on it.

Autumn Hill Crosses Woodruff

• Doesn’t know which agency first touched & collected evidence from red minivan
• Doesn’t know how items were handled before they got to her.
• Doesn’t know where stored after
• The fireworks in the cooler were consumer fireworks
• Not illegal to have a loaded weapon.
• No limit to how many guns can be held in a car.
• Wouldn’t be surprising that someone who belongs to a rifle association (like SRA) would have multiple guns, and that is not illegal

Evetts Crosses Woodruff

• Owner of vehicle did not bring guns to Pairieland, they were left in the car.
• Owner of the vehicle was found 3.5 miles away, unarmed.
• Brochures in Evetts car were for Socialist Rifle Association, responsible carrying → nothing wrong w/ that
• Sticker had photo of a Nazi symbol being thrown in the trash.
• Nothing wrong w/ that image

---

Trial Day 5 PM

Witness #23 – Prosecution Direct Ross Elder (FBI Agent)

• Silver Subaru
• Objection – Books in car are inflammatory, can’t say whose it is, unfairly prejudicial.
• Objection overruled
• Front passenger seat had a bag
• Glock in a bag hanging off the driver seat, loaded.
• gun magazine
• Last line of the notepad says “I shoot first, I don’t bash back”
• Savanna Batten ID
  Ines Soto I.D., Liz Soto ID
• Paracord, knives, cigarette lighter

Liz Soto Crosses Elder

• Doesn’t know when or where the car was recovered
• Nothing illegal recovered from vehicle
• Doesn’t know what the things listed on the Notebook are
• Each entry capitalized
  • Like an article or book? – could be
• Don’t know whose notepad it is.
• At least 3 ppl in that car that night
• Gun wasn’t taken to facility that night, it was left in car.

Savanna Batten Crosses Elder

• Phone from vehicle was in the front passenger side
• Another phone w/ Savanna IDs were found in the passenger side.
• Processed the vehicle on 7/5/25

Elder excused subject to Recall

Witness #24 – Prosecution Directs FBI Agent Ross

• FBI for 22 years – collects evidence on evidence response team. Team leader on 7/4/25.
• Defense objects to some photos of evidence
  • Objection overruled
• Gun safe, room had several rifles & revolvers (House Raid) (56th St. Residence)
• Ballistic vest – gun magazines & ammunition
• Notebook & pamphlets
• All of this is in same room as the safe
• Another vest
• Protest signs, Socialist Rifle Association material
• Shows physical evidence in court

Autumn Hill Cross Examines Ross

• Arrived after officers initially arrived; sometime on 7/5
• Civilians were at the house (several)
• Can’t remember if Autumn Hill was there
• Doesn’t know whose folder it was in the house (it was Samuel Folkes)
• Zines/pamphlets have nothing to do w/ the case
• None of the items collected were illegal

Meagan Morris [?] Cross Examines Ross

• SWAT went first to remove threats and then Ross came in to investigate
• Waited off site
• 9 ppl + the baby lived in the house.
• Can’t say who owned what from the house

Witness excused subject to Recall

Witness #25 – Prosecution Directs FBI Agent Avalos

• Employed since 2022 – HS teacher before
• Works on counter terrorism squad
• Parents from Mexico, speaks Spanish as first language. Parents didn’t really speak English. Learned English in elementary school.
• Phonecall from Maricela Rueda to her mother from jail
• Transcript translation confirms it’s accurate
• Phonecall made 7/5/25
• Made paraphrasing notes while listening to call
• Shows transcription & translation
  • Spanish → English
• Rueda: “Something terrible has happened.”
• Tells mom to talk to Danny who can explain what has happened.
• Tell Danny to communicate w/ her (mom) & Kels [?] & the community; Danny can explain
• Mom asks what she did, Maricela says she can’t talk about it on the phone
• Maricela expresses worry about her animals in her house
• Sense of urgency & anxiety in her voice, almost starts to cry, sense of fear
• Worried about daughter, wants mother to take care of daughter not Leon
• Mom asks for Danny’s phone number
• Earlier Maricela said Stevie has Danny’s number
• Maricela does end up providing a phone number
• “Danny can explain everything to you, but I can’t explain anything right now”
• Discusses logistics of taking care of pets
• Tells her mom that mom hasn’t done anything wrong
• Tells mom to get in touch w/ Danny. I’m in jail, Danny needs to be careful.
• Maricela says Danny doesn’t have anything to do with this; he doesn’t know anything
• Mom asked what she did. → “something horrible has happened”
• Tells mom to get community to help get a lawyer
• Mother says she’s going to call Daniel
• Seems like Danny knows community Maricela referred to.

Des Lawyer Crosses Avalos

• Not a certified translator
• Arrest is a traumatic event
• Can’t answer if officers were rough w/ her
• Rueda & Mother are scared
• Jail phone tells them it will record
• Not surprising that she wouldn’t want to talk about case; lawyers often tell their clients not to
• First concern is daughter, first thing she says
• Second thing she brings up is her pets
• Words can have different meanings based on tone & circumstance
• Example; phrase that mothers say to children when they get a boo boo literally translates to “heal, heal frog bite” but not about a literal frog bite
• Ms Rueda is a learned speaker, not a native speaker. Can tell from the way she speaks? → IDK
• Pulls out bials of Avalos.
  → Maricela says Danny doesn’t know what’s going on but Avalos only focused on parts where she says Danny “could explain”
  → Hones in on specific sentences instead of entire context

Witness excused subject to recall

Witness #26 Prosecution Directs Agent Whithorn

• They bring him back, lead agent on the case.
• Mr. Sanchez was traveling from Garland, getting to FW around 1:30pm on 7/5
• He listened to Maricela’s phone call to her mother & to Mr. Sanchez (Des)
• [Ex 67] Phone call recording btw Des & Maricela
• Defense asks to play call in its entirety
  → Objection overruled
• Mentions “Vanna was brought to the same part as me”
• Whithorn thinks Des is aware of what happened & is trying to find her representation
• Maricela says she is worried about Rowan (Joy Gibson)
• Maricela says Des was not involved & does not know anything.
  → B/c they are “like U2 & Ines” b/c they’re married
  → Des says it’s the truth that he doesn’t know anything.
• Worried about cats
• Says it’s suspicious that they refer to “community” and “people we’ve come across” instead of ppl’s names
• Maricela tells Des to tow the car that has the phone in the back (56 St)
  → Prosecution replays this part
  → says it’s Maricela trying to get rid of evidence
• Says “Move whatever you need to move in the house” is her trying to hide evidence. She says this when talking about her cats.
• Maricela says get a locksmith to get her stuff out of the car
• Then talking about the house.
  → Says Des admits to moving stuff around in the house.
  → Uses “We’re already” → he is not alone, according to Whithorn.
• Maricela is worried about getting $ on ppl’s books. Des says don’t worry about what’s going outside.
  → Des is talking in “we”
• Maricela: “It wasn’t supposed to go like this”
• Maricela: “None of us had anything to do with anything”

Des Crosses Whithorn

• Rueda was in custody, knows that it’s being monitored
• She’s emotional throughout entire call
• Vanna – what was Rueda talking about
  → Arrange that Savanna Batten’s family work w/ her family
• Trying to get legal rep
• Talks about daughter, mother, sister, animals
• Mentioned selling the house
• Commissary $; for her & for others/ Gibson
  → All ordinary concerns for someone going to jail
• No such thing as “Antifa decoding” training
• Have you found a code in any notebooks or calls? – No
• Rueda said Des doesn’t know anything
  → It’s normal to be afraid of someone getting in trouble b/c of proximity
  → Des is a legal permanent resident
• “community” word
  → Could just be ppl helping her out
  → Not necessarily a conspiracy
  → Could just mean community
• “we” – could be community, ppl supporting
• Concern w/ stuff being taken
  → could be concern that isn’t conspiracy
• Law enforcement says 2400 block-type language but it’s a crime when she does? – No
• Never says hide or conceal
• She gives mortgage info, car park info, passwords
  → Discusses finances openly
  → Using ordinary words in an emotional & stressed state
• Des goes Maricela’s house at 12-1pm on 7/5
  → Phonecall to Des on 7/6

Rueda Crosses Whithorn

• Transcript of Maricela/Des phone call
• Rueda Jeep was not at Prairieland
• Car possibly might get repossessed, it’s fair to want to get your stuff out of it.
• Her statement “It wasn’t supposed to go like this” is indicative that what happened was not the plan

Prosecution Redirects Whithorn

• Do you need training to detect guarded language? – No
• It’s like talking in front of your kids but you don’t want them to hear what it was
• No need to be worried about immigration status if not involved in crime? – No
• Des spent hours at Marcelas house
  the day before w/ multiple ppl.
• Went to Kels house
• Says assertions of “it wasn’t supposed to
  go like this” and that Des is innocent
  were false exonerations

Re-Cross by Des Attorney

• Do you list ppl’s names in your work
  community every single time you talk
  about it to your wife? – No
• Did he go to the car? – No

Re-Cross by Autumn Hill

• He has weighed in on thoughts of the speakers
  even though he said he can’t read into
  the minds of lay ppl

---

Break for day
Prosecution estimates case will take about 1 more week

5 Sanchez witnesses, search warrant witnesses,
post-arrest witnesses re Morris, Wed/Thurs =
cooperators

---

Note-Taker RS

Witness: Kim Burris Cross

• went from home to office to gather extra equipment before going to PDC
• By the time she arrives Texas Rangers were in control of the scene, but as CSI she is supposed to be in charge of the scene itself.
• Says she told a deputy to not allow anyone in/out unless approved by Ranger in charge
• Rangers did not bring an evidence response team, including trailer of equipment, not present
• Asked if FBI response team was there to collect evidence, she does not recall
• Asks if ATFE brought evidence collection team, she says she does not recall
• Rangers Holton & Hill helped collect evidence.
• Rangers brought “LICA” system that scans and measures the scene to make a map to measure distances. So with that info Rangers should know exactly where everything/all evidence was located in relation to the scene.
• Asks if anyone without gloves was touching evidence she says no,
• Asks about weapon, which was not packaged but taken as is to the office, along w/ its contents
• It was raining and drizzling throughout the night whole time evidence was being collected.
• Says items that got wet were laid out in squad rooms to dry
• → Asks about contamination of DNA and how easy that is, she confirms its very sensitive and can degrade easily.
• Asks how all evidence laid out like that next to each other by 3rd parties would not be contaminated? Claims that tables were sanitized and paper was laid out under evidence.
• lawyer points out in pictures the evidence was not on stainless tables and there were not papers under each piece of evidence. She agrees that was not aligned w/ the proper process.
• Asks about when she walked inside fenceline to observe possible damage to facility itself, she did not. never photo’d the building close up at all. Never noticed any damage to the fenceline at all.
• Asked if Gross ever came back to walk the scene, says no not that she saw.
• Asks abt ever seeing an explosives dog on scene says no she did not
• Only collected 2 shell casings from grass even though 3 shots were fired
• Confirms metal detector was used to find casings.
• Asks about doing Gun Shot Residue (GSR) tests that night, she was not present for any GSR testing that night.
• Asks if clothes that were described as “tactical” were athletic brands, she says yes, agrees they are available at Walmart and used for lots of purposes.
• “tactical” pants specifically agrees that they are used for lots of purposes
• Says she did not collect all fireworks trash
• Asks about the red crime tape that seals evidence bags and she says it should not be cut open, she would not like that.
• Pass witness next lawyer
• Liz Sotos clothes shown, asks if anything there is tactical gear, she says no.
  Redirect – Asks about how evidence was poured out and gone over before she arrived, she agrees.

Witness: Deputy Chad Marshall Johnson Co Sheriff

• Criminal investigations division.
• Asks about evidence storage, was in Alvarado and Johnson Co both due to volume of it.
• Shows pics of backpack collected at the scene had a hand gun, gun holster and 2 Faraday bags

No cross exam.

Witness: Ranger Billy James Hill Jr.

• Investigates officer involved shootings and other major crimes
• Arrives 1:30am
• person who scans the scene and creates a digital map
• pics of Lt. Gross’s stuff, his gun and vest, some blood stains
• Claims that maybe some part of round might still be inside the vest.
• shows pics of damaged van and damaged security camera.
• TX Ranger find BaoFeng Radio in grass, does not know how to pronounce the name of it lol.
• finds glock magazine that is full, on ground next to one of the neighboring trailers. Also one unfired AR round.
• Finds a few (3) spent cartridges next to house, which was about 45 feet away from original officer involved shooting scene.
• .556 casings from 2 locations (roadway and next to house) were maybe 20-30 feet apart.

Break

Cross – was not lead Ranger on case, Ranger Tyler Williamson was lead.

• Asked if he was only using one hand if he could turn on light, Ranger says no, needs 2 hands.
• Asks about # of rounds in the firearm and the count, they believe 3 rounds were fired.
• shows pic of damaged vest, clarifies that the damage to the vest was after bullet went through body and entered the vest on backside of body. believes bullet is still in vest, does not cut it out
• looks for bullet holes/strikes at scene around the scene. Did not find any other than in the ground.
• Record [?] looking defects on concrete surface
• Could have swabbed those areas for chemicals to see if they were from bullets, but he did not, said it was the job for the CSI.
• Asks if it was possible that spent casings by house were dropped instead of fired. He says yes. Asks if he saw any footprints consistent with someone standing in a shooting stance by house, he says no.
• Asks about dog search, he didn’t work in dog personally but he does not believe they found anything
• Asks if he has ever had a gun pointed at him, says yes, what would you do? shoot back
• Asks if a third party saw someone pointing gun at someone’s back would would it be safe to guess they were about to be shot. he says yes.
  Redirect: Asks his opinion if it was a good shot, says yes says thought it was an ambush
• Recross → Ranger says he thinks its ok to shoot an unarmed person in the back

Witness: Warden Bergani PDC

• 1000 bed facility
• 14 dorms, he describes facilities, adults only, most people there 90 days at a time. Paints rosy picture.
• Says first 2 years no protests of facility, but starting early 2025 they started to happen and got more frequent
• no guard at shack or roving patrols due to short staff.
• talks about reinforcements they made around the perimeter and adding concrete blocks and bulletproof windows to facility as result of shooting.
• Itemizes damage done on that night.
  Ex 123 invoice for cameras
• Asks about damage by fireworks “A firework wouldn’t do anything” he says.

Witness: Megan Woodruff

Special Agent FBI

• white collar crimes squad. Mostly financial fraud.
• part of evidence response team.
  Ex 53 pics of cooler full of fireworks, red minivan, black Honda, radio, body armor, magazines, red Mazda. SS cards recovered from Autumn Hill.
  Ex # 28, 39, 196
• found loaded hand gun in the trunk of Mazda.

#39 Rifle found in trunk of Mazda, was in a rifle bag, not loose in trunk.

#196, stickers found in glove box, couldn’t see details but one said “Socialist Rifle Organization” one constitutional carry pamphlet, one image of swastika thrown in trash.

Cross: asks if she has any knowledge of who touched stuff before they arrived at FBI → she says no.

• no knowledge of how evidence was handled when transferring to FBI
• Asks if there are limits to number of guns one can have in a car or if its illegal for them to be loaded. she says no.

Lunch Break

---

#39 Rifle found in front of Mazda, was in a rifle bag, not loose in front.

#196, stickers found in glove box, couldn’t see details but one said “Socialist Rifle Organization” one Constitutionalal carry pamphlet, one image of swastika thrown in trash.

Cross: asks if she has any knowledge of who touched stuff before they arrived at FBI → she says no.

• no knowledge of how evidence was handled when
  transferring to FBI
• Asks if there are limits to number of guns one can
  have in a car or if its illegal for them to be loaded.
  She says no.

Lunch Break

Special Agent Ross Floree FBI

• Complex crimes squad. Called in to do searches of cars, including the Soto’s cars
  Ex#58 photos of contents of Soto’s car.
• Silver Volvo, bag in passenger seat had glock pistol w/ 2 magazines.
• Reading list w title “I shoot first” and “I don’t bash back”
• Also find Savannah’s wallet and phone 40 is pistol, shows it to jury.

Cross: Agent didn’t know who was in car, or when/where car was recovered from. Clarifies that we don’t know whose note/reading list it was vehicle was already towed to a secure lot when seen by FBI, no processing happened on site. Did not investigate whose vehicle it was or whose stuff was whose. Only weapons were inside one bag in car, not spread out in car,

Special Agent DuRoss FBI

works Aviation Matters but also help Evidence Response Team.

Team lead to search 56th st apartment.

#61 photos of seizures and of unseized items in the apartment.

Gun safe that was not forced open, does not recall how they got into it, contains several rifles and hand guns

• shows series of protest signs that say things like
  “stop the genocide” “silence is violence” “no war but the class war” “still not my president” “activism is not terrorism”
• find several bullet proof vests

#187 physical evidence from apartment shown to jury.

show a gun (rifle) and several vests and zines,

says “warrant specifically said to collect any pamphlets and notes”

Ross says cops had already gone to house and “cleared” it. There were several people in house when FBI arrived, including Autumn Hill.
Says swat was in the house when FBI arrived. Clarifies that 9 people plus one baby all lived in that house.

Agent had no knowledge of who owned any of the items that were photo’d or seized.

Ussyles Avalos FBI

Counter terrorism squad, translater Spanish → English. Speaks to transcript/translation between Rueda and her mom.

He was tasked to translate first jail call made

#203 transcript of phone call, #1 audio of that same call <<both admitted.

State points out makes a big deal out of the fact that Mari won’t say exactly what has happened and asks her to call “Danny” to find out what happened, trying to get her mom to connect w/ friends and get them to explain.

• Mari says several times that her mom should tell Des to “get in touch w/ the community” State makes a big deal about it, implying “the community” is something nefarious.
• State also implies that Des must have special knowledge bc Mari

Cross: gets into layers of multiple meanings of words, difference of learned speakers vs native speakers

• points out another meaning of asking to talk to Des bc he can explain everything, could be he is bilingual and can find out (from feds) what happened and then explain it to her in Spanish.

Main Case Agent on the case: FBI whitmore

• talks about phone call bt Des and Mari on July 6th
• listens to phone call shortly after it was made.
• knows from phone number given to mom that this
  call was to Des.

#67: jail phone call, playing audio version.

• only play a couple seconds of audio
• Defense objects to not playing whole call at once, overruled
• play clip she mentions Vanna, couldn’t hear details bad audio.
• Play clip of Des expressing concerns for her and saying he’s doing what he can to get representation.
  Says she’s worried about Joy, can’t hear why. Agent confirms that they have no evidence of Des involvement after playing clip of Mari saying she told someone that Des wasn’t involved.

Tells Des over phone where her car is parked and says they should tow it.
Several times Des uses royal “we” when referring to what he and friends are doing to support people on the inside. Imply that there is some group.

• Main accusation is that they were using guarded language as tho thats unusual

Cross: Asks questions about why he thinks there was coded language, why ordinary language like “community” and “individuals”, agent suggests they are looking for conspiracy, so that was a flag

• No mention of antifa during call
• lots of questions about why he is choosing to interpret
  basic comms as suspicious or out of the ordinary.
• points out that Des visited the house on the 5th
  the day before the jail call. Questions how they
  could have conspired out of order like that.
• Answers that they think he already had info just
  not directly from Mari.
• Mari lawyer asks if its reasonable to think the jeep
  was not evidence. He denies that.
  Redirect: asks if special training is needed to know when people are speaking vaguely, says no. Gives example of parents speaking vaguely in front of kids
• asks about “Do what you need to do” comment regarding home and phone.

there was a recross and a redirect and it was pedantic, going back n forth about how the broad interpretation of that call was or was not biased, and could have been interpreted a different way.

---

Note-Taker X

cont’d cross examine Kim Burns

• multiple agencies present on crime scene
• established there was 2 separate scenes –
  to left + right of prairieland
• Leica total station- camera system scans + measures
  everything in the scene to recreate the
  scene digitally – conducted by Ranger Hill
• Evidence photo of items being searched without gloves
• Ranger Williamson decided to bring evidence
  to Alvarado police station – items were laid out
  in squad room to dry
• Burns explains importance of preserving DNA
• Defense argues all protocol was broken to preserve
  DNA + prevent cross-contamination
• Paper was not laid out prior to placing
  evidence down
• No photos or observation beyond fence
  line near prairieland building
• Lt Gross fired 3 rounds – only found 2 casings

GSR (gunshot residue)

• No GSR testing done on evidence
• scene released to Alvarado PD – last on scene
• Look over Elizabeth Soto clothes
  plain pants + shirt “not tactical”
• “Deputy Marshall” Johnson county
• Interviewed Lt Gross + went to the scene
• Photo of backpack w/ handgun + 2 faraday bags
  w/ 2 cellphones

Ranger Hill DPS 17 yrs

• arrived 1:30am July 5
• Evidence photo of Gross’ vest w/ bullet exit hole
• surv. camera broken off + white ICE van
  broken headlight, flat tires
• Carport near facility found: unfired rifle round,
  casings, fully loaded glock magazine.

cross examine

• Vest- entrance or exit defect?
• eentrance after exiting the neck
• Coloration of white van photo is flawed
  digital artifacts
• “Police our brass” = police generally pick up
  gun shell casings
• Rail light on Lt Gross rifle illuminated
  subject. “is it reasonable to assume if
  someone is aiming a gun w/ a rail light
  at you that you’re about to be shot?”
• Yes
• “what would you do in that situation?”
• “shoot back”

Redirect

• “he followed proper police protocol”
• “an ambush type situation”

Re-cross (defense)

• “Are you aware Lt Gross was the first person
  to draw a gun at the scene?”
• NO
• Lt Gross testified this
• Opinion: is it okay to point a gun at
  someones back?
• “yes- example school shooter”
• you should only point gun if you have to. how
  would you feel if someone pointed a gun @ the back
  of someone you love? “pretty scary”

Bergami warden @ prairieland since Nov 2023

• Warden talking about how “humane” the facility is
• “Peaceful” protests started happening in Feb 2025
• what extra security measures since July 2025?
• re-design front lobby w/ concrete, concrete guard shack, 2 full time patrol, fence around wider parameter
• $1700 damage to van
• $1289 damage to surv camera (ea)

Cross

• brakes on van listed as damaged but no
  proof that was done by defendants
• No damage to shack windows but upgraded
  w/ bullet proof windows
• NO damage to lobby, but lobby was
  upgraded

Megan Woodruff

FBI AGENT – financial fraud, “white collar crimes”

• Photo logger for search
• Photo of cooler filled w/ fireworks
• Minivan + car evidence (Mazda)
• 2 social security cards, some w/ diff names (Autumn)
• Mazda- found loaded handgun w/
  round in chamber
• Trunk: found rifle, bag w/ magazines
• showed jury faraday bag, stickers (SRA)

Cross

• FBI was first search of minivan
• who was first to touch + move evidence?
• don’t know
• who touched + moved the cooler w/ fireworks?
• don’t know
• Did you notice the fireworks are consumer grade?
• I noticed that now
• Is there an upper limit of how many
  firearms can be in a car?
• Unsure
• Is there any evidence the rifle +
  handgun were fired at prairieland?
• NO
• Do you know anything about the
  SRA + their dedication to firearm safety?
• NO

---

Note-Taker XJ

(X3) Judge arrives – All attorneys make appearances / use “preferred pronouns.”

• Judge tells USA to not miss gender defendants
  “I don’t want to embarrass you in front of the jury”
• Judge tells USA to charge names & pronouns in their materials to reflect Meagan Morris & Autumn Hill
• Judge comes in – Judge re-reads juror instructions
• USA – (? #18) – Kim Burns continues from yesterday
• Morris – 24-hour call for work
  (from yesterday) – Gross – she went to the office to get
  more equipment before going to the scene
• Once she got there she checked in w/ Dep. Kravitz/Graviss [?]
• Once she arrived, APD was [illegible]
  directing So Co, but Rangers had control
  of the scene
• She instructed Dep Kravitz to not let anyone in w/o Ranger consent
• Left to guard shack there was 1 scene (the field) – the right
  to parking lot was another scene. There were
  a secondary & third scene
• She delineated 1 large restricted area
• She first did a walk through, and then took photos
• 4 rangers did not bring big equipment
• FBI did come out that night – 3 agents, but not full response team
• ATF did not bring big truck for explosives inspection
• She explains that work was divided: some APD det. helped
  collect evidence, troopers collected evidence, ranger helped
  collect evidence
• Ranger Hill brought a “Leica total station” – equipment
  that scans the scene w/ a camera, measuring
  the scene

(X3) – Ranger tech makes a cloud point scan that creates a very thorough distance measurement.

• Ranger Hill ran the Leica device, which takes time.
• other officers on the scene did not have same experience as her.
• Photos in evidence shows officers bare-handed, handling the evidence? – “I don’t recall”
• People are not supposed to touch evidence w/o gloves, and they’re supposed to
  change gloves b/w each set of evidence
• At Prairieland, she marked, photographed, and packaged the evidence
  She numbered evidence based on the markers
• They did not package the “cart” – items were still inside cart at the office
• Cart had reflectives
• Cart is like what is used by children for sports/field
• She takes notes on the evidence markers themselves
• 72 degrees when she got there and it was raining throughout the night
• They used brown paper bags while it was raining
• Ranger Williamson decided to move evidence to APD. She did not go
  to APD that night
• She went to APD the following week, and the items were
  already laid out for her.
• There are legal pads in photos w/ sharpies close to the items
• DNA can be diluted over time, weather, so have to make sure
  that things get packaged ASAP, have to avoid contamination
• Way items were laid out next to each other might have violated DNA JoCo procedure
  -: She responds that APD had been sanitized &
  paper was put underneath each item
• APD tables would have mica(?) b/c paper was not placed before
  evidence is put down For DNA process, the process must be followed.
• If process is not followed, results might be wrong
• Jo Co has a drying station w/ a filtration system
• Items were fully dry before being placed into evidence room
• She was the point person for transfer of evidence, 215 pages of chain of custody
• She took more photos than what USA provided
• She was able to take photos around 12:39am
• She did not get into the face line at Prairieland. She did not get
  close up to the building
• She did not notice any damage to the fence line itself
• They “held” the scene into daylight for longer than what Lt Gross was in the hospital
• She does not know if Lt Gross walked the scene
  while there, no ATF K-9 arrived, to her recollection
• Ranger went to hospital to check on Gross? – She does not know.
• Lt Gross had a 9mm gun
• She collected 2 shell casings, Lt Gross fired 3 times
• Tires of fire marshall inspected for casing? → Not to her knowledge.
  Shell casings not found immediately, but then yes with a metal detector.
  Ex 41 – body armor, has a video game logo? → “I don’t know, I don’t play video games”
• No gun shot residue (GSR) testing done
  by Burns. She did not see GSR collection.
• She photographs GSR usually
• Photos have commonly available clothing, at stores / “At Walmart behind my office” – lawyer
• Pants w/ kneecaps can be bought anywhere
• Scene “released” back to APD after JoCo done
• Marshals did not go later to process evidence
• She collected spent fireworks and did not note what type they were
• Cooler was collected by FBI and then handed to APD
• First time she was at APD evidence room, which was very small
• To transfer evidence, she signs it out. That night, her
  package tape was red
• They don’t like to open package on same seal to show other seals
• On brown paper bag, they cut 6 sides to maintain chain of custody
• Her red tape had been torn.

E. Soto Cross Ex 57
In photos → Inmate’s personal property
(in photos) P.149 → photo: clothing, pair of pants

• Pants of E. Soto ordinary pants, not tactical
• P. 150 – Photo. Small, black t-shirt, underwear, chapstick
  dental floss pick, nicotine vape, COVID mask: She does not consider that tactical gear

USA Ex 57
redirect photos all reviewed that she took

• She showed up to scene at 12:39am. She started walking
  around 1am. She took photos around 2am, 3 hours after the shooting
• she had no control over other officers’ conduct
• Had never dealt w/ a scene this big (witness under recall)

USA Witness #19 Deputy Marshall (Dep.) Judge: “Dallas averaging 4-5 people” “No issues with simulcast”

• Dep. Chad Marshall, JoCo Sheriff now. At APD on 07/04
• On 07/04, 12 years APD officer, in criminal investigation division
• Initial role was interviewing Lt. Gross and then went to scene to
  help collection. He then helped process the evidence.
• APD evidence vault is not a large vault. They used APD training
  room as temporary storage. JoCo also stored some evidence.

Ex 52 → Photo of backpack, which dep. handled.
Last page p. 114 → photo of backpack collected at the scene.

(admitted & published) Judge comments that objects are properly saved for appeal

• Hand gun in backpack
• Gold-ish, tan-covered bags/faraday [?] bags w/ 2 cell phones inside
• Gun holster in backpack w/ 2 cell phones
  – Backpack had been close to wagon on the scene
  cellphones given to the FBI
• Backpack photo was taken at APP training room/ Witness subject to recall
• Never dealt w/ this large of a scene

USA witness #20 Ranger Hill (Rgr) – Rgr Billy Hill, TX Dept of Public Safety Ranger
– 17 years in public safety
– Rgr investigates officer-involved shootings
– Represented on 07/04 for officer – involved shootings
– Multiple rangers were called to the scene
– He arrived 1:30am, 3 1/2 hours after shooting
– He helped manage & process crime scene. He also ran the forensic scanner to create a digital map

Ex 56
→ admitted & published
→ Rgr’s photos from that evening
Photos:
P.1 → Glock of Lt Gross, at the marshall’s vehicle’s back seat
P.2 → Gross’s ballistic vest. It was dirty and bloody

• Photo of blood evidence on a label
• Photo of a bullet “defect” and blood, flesh tissue. Vest on photo shows
  the route of the bullet, and shot is believed to still
  be inside of the vest because, there were no exit of bullet
• Photo documented entirety of facility crime scene, while
  Burns went to another crime scene there

Same Photo shows “sally door”. Rgs. explains that these gates transport people in and out safely, thru multiple gate system.

4. Photo shows surveillance camera broken on the ground

• Photo shows a working surveillance camera hanging on a pole.
  (P.9) Photo of broken camera
• Photo of white van on the scene. ICE facility van
• Photo shows ICE same van muddy, damaged passenger side light
• Photo same van, other angle
• Photo: same van, tires look flat & have cut marks. All the tires are flat
• Many photos of van
  (P.17) Photo: Same van, flat tires broken camera from above nearby on the ground.
  (P.19) Photo: Entrance of gates
  (P.21) Photo: Close up of tire w/ cut mark
• Many photos of van tire slashes “Approximately 2 inches”
  P.30 – More photos, now it’s 07/05 daytime
• Photo shows walkie-talkies on the ground.
• Photo of walkie-talkie, off
• Photo of west of facility, closest residence to the facility
• Photo of residence above
• Photo of residence’s carport. Cartridge rifle casings & fully loaded
  pistol magazine found around carport
  (P.28) Photos of angles of the residence…
  (P.42) Unfired rifle round close to house’s A/C unit, on the ground
  (P.44) → Casings close to the house
• Photo of bullets about 30 feet away from detention center
  (P.45) – spent cartridge casing from a rifle
• scroll through photos of more casings
• Rgs. found 3 separate, spent casings

P.48 → Back at Lt. Gross’s vehicle position. This was where he was found
and where he had fired. This located Gross’s spent casings

• Lt Gross’s casings were 45-50 yards away from one set, and 20 yards from another set
  (Ex 15) → aerial view of Prairieland
  Zoom into carport to show all casings’ location

-> diagram showing layout with labels:
3 casings 30yds | 9mm casings of Lt. Gross
residential house | Lt Gross vehicle
| Rifle casings & bullet strikes | Prairieland Detention Center(parking lot)

(Ex 56) → Rgr’s photos
(P.49) → Photo of grass close to Lt Gross’s position

• 2 casings of Lt Gross found

10:09am → 15 minute break
10:34am → jury returns

Cross Morris – Rgr Hill

Rgr does not remember where he got Leica machine

→ Most likely in Cleburne

• Burns (CSI) gave Rgs. rundown once he got there
• Rgrs investigation started in control, and then it was transferred
• Lead Rgr was someone else
  (EX 56 p1) → Photo of Glock. Rail light is a flashlight on the gun to ease aiming w/o needing another flashlight
• Rgs. examined Glock. Did not remember if light worked on both sides. Glock carried on right side.
• Lt Gross could not flip light on w/ only one hand.
• If Lt Gross was holding radio w/ other hand, he could not have
  turned it on w/ that only hand.
• Light was on during bodycam. Light was off in firearm in back of vehicle.
• Rgr. counted how many rounds were fired that night
• Rgr. could not assume that the firearm was totally loaded since
  he could not speak w/ Lt. Gross, but assumed it had been fully loaded.
  (P.2) Photo of outer part of the carrier (vest)
  (Ex 56)
  (P.5) → Rgr. touched the carrier back strap, and the “defect” corresponds
  w/ an entrance of a bullet
• The strap at the top of the vest can be pulled for officers to be dragged
• Rgs. thinks bullet hit neck, then top of vest, but he did
  not make a drawing of the bullet route. Tissues outside of the vest b/c it came from the neck.
• Rgr. did not find the bullet that night
• Rgr. looked for bullet strikes but do not find any
• Rgr. found bullet strikes in concrete area, b/w house and
  facility – b/w Lt Gross & shooter’s location, on concrete
• Rgr. has swabs to determine if strikes were bullets. He did not use them [?]
• Rgr. says that Burns was assigning the tasks, so he just followed
  instructions on taking photos & scanning the area
• Rgr. explains that the photos seen today of the van have a different
  (Ex56 p.9) coloration than in reality, for evidence processing
• Rgr. did not find any footsteps on the mud near the casings found
• After shooting a lot on ranger range, they pick up their casings to trash.
• Casings could have been dropped, alongside full cartridges
• Rgr. did not see any damage to the building
• Did not see fires near the fence.
• Rgr. was there when gunpowder K-9 unit arrived, from ATF
• K-9 looked around grassy area, but there were no gun powder
  alerts near the grassy area
• K-9’s are reliable
• Light rail of glock usually matches where the firearm is pointed at

Hill Cross

• Light rail was used by Lt Gross, so firearm was pointed at location of light on video
• shoot back if someone points firearm at them?
• Yes, it’s reasonable to

USA redirect (Ex 60) aerial view of Prairieland. Zoom into car port & guard shack part of the map
16? – Rgr. goes through map again,
and points out where all the casings were found again.
Explains that there were fresh defects in concrete close to the
carport in front of house
(Ex 56)
(P.39) → Photo of magazine close to A/C unit of house

• USA goes back to the photos of where casings were found
  P.16 → photo shows spent & unspent casings nearby. This is consistent w/ someone clearing a firearm jam
• Rgr. is familiar w/ why Lt Gross went that night
• Good shot/bad shoot analysis not made, b/c Lt Gross did not shoot anyone
• Lt Gross was reasonable b/c he was responding
  to assist at fireworks incident, w/ people running, hectic, chaotic,
  he pulls out and hears gunshots being fired suddenly [?]
  almost an ambush to Lt Gross
• Rgr’s opinion is that this was an ambush.

Song Cross

• Rgr not aware that Lt Gross fired first or aimed first.
• Ok to shoot at someone on the back? – Yes. example school
  shooting, someone w/ a rifle
  Rgr thinks its okay to shoot someone on the back even if unarmed.
• Scary for officer to have someone pointed at back? – Yes
  First time Rgr. hears that Lt Gros aimed first
• In training, firearm must only be drawn if necessary
• In training, officer must shoot until threat is neutralized

USA Witness #21| Thomas Betrgani [?]| executive officer | (subject to recall) | – Chief Warden at Prairieland Detention Center since Nov. 2023

• Before Nov 2023, 31 years at Bureau of Prisons (BOP)
• Prairieland is a 1000-bed facility for aliens. BOP house felons.
• Multiple dorms, open rec-areas and inside rec area.
  Chapel, dining hall, full medical unit, visiting area, & administrative area.
• People sleep in open dorms in bunk beds w/ showers & bathrooms.
• No minors in Prairieland – People there usually 90 days
• Conditions are not dramatically different than BOP units
• “I try to give them as much as I can” – Warden
• Detention Center has playstation, volunteers, etc.
• Community volunteers donate books, candies, give church services.
• Peaceful daytime protests started around Feb. 2025,
  on average once a month & then more frequent. Never aggressive
  before 07/04.
  Ex 60 P.3 → aerial map of legal boundaries of Prairieland
• Land is city’s, leased to ICE, which contracts LaSalle
  which is what he works for.
• 07/04. Guard shack pointed at map. It was not occupied on 07/04 due to lack of staff
• On 07/04, there was no roving outside patrol due to lack of staffing
• since 07/04, security has been increased? → 407 – relevance objection overruled
  objection → 407 subsequent remedial measures
  → 407 rule read out loud by USA
  → judge reads rule
  -objection overruled
• w/ ICE staff, a new fence
  has been added to match the property lines, around perimeter.
• More external patrols. New bullet proof, concrete guard shack
• Different lobby w/ bullet proof windows. More cameras
  → Patrols now armed, looking around exterior roads
• Damages to Prairieland will be discussed
  Ex 122 → $1731 of damage to van – Government van used for govt purposes
  Ex 123 admitted & published
  → Photo of invoice of van damage
  (Ryder)
  → Repair cost for security camera damage: $1287 each / admitted & published
  → Photo of invoice of camera damage

Rueda Cross (Ex 122) → no damage done to the vans’ brakes on 07/04
→ $417 [?] warrant caused on 07/04

• Guard shack got bullet proof windows, but 07/04 guard shack
  windows had no damage
• No lobby damage occurred on 07/04
• No repairs were needed on west side of the facility. New
  fence was put on the tree line
• Depending on type of firework, damage would be visible
• No burns on facility – No damage to any facility window

U.S. witness # 22 – Carts rolled in
Special Agent (SA) Megan Woodruff -FBI – SA since Aug. 2023

• At FBI Fort Worth, in white collar crime,
  investigates complex financial fraud
• Got called to help into case by Evidence Response Team (ERT)
• At ERT helps forensic & squad searches
  • SA searched cars of Evetts, Bauman, & Morris
    (Ex 53 → SA’s photos of search, matching physical exhibits in courtroom
    (Ex 53) → admitted & published

→ Photo of cooler recovered outside of Prairieland
→ Photo shows fireworks inside of cooler. “Mega banger bangers”

• Photos of red minivan shown “Artillery shells”
• Photo of black Honda
• Photos of items recovered from minivan: walkie talkie, body armor, magazine [?]
  (P 16) Photo of rifle case w/ rifle inside
• Photo of Evetts’ Mazda
• Social Security card of Cameron Arnold, found in minivan
  Social Security card of Autumn Hill, with same social security number
• Photo of phone
  (P 27) Photo in Mazda. Duffel bag in trunk, w/ firearms & body armor inside
• Photo of firearm (pistol.) She cannot remember where it was found.
  Another agent brings the Evidence box to SA on stand.
  Match box that SA is looking at → (Ex. 38) admitted & published
• SA retrieves firearm, found in red Mazda
• Firearm found in the trunk, fully loaded

(Ex. 39) → SA looks at another box
→ Rifle found in trunk of red Mazda, vehicle # 3.
admitted & published. – Rifle fully loaded.
(Ex 53) → photos → P. 30 → firearm, rifle, seen inside duffel bag
P. 33 → photo. Rifle magazines, also loaded

• Bauman’s white vehicle on the photo
• Red Mazda is Evetts’ vehicle
• Photo: Phone in faraday bag from Evetts’ vehicle
• Photo: Evetts materials of Socialist Rifle Association, found in his glovebox
• Photo: Mace, but not sure where from.
• Photo: Bauman’s vehicle, some papers w/ writing on it
• Photo: Helmet found in vehicle #1, minivan.
• Photo: Vest & magazines from minivan
  (P 54) photo: Walkie talkie seized
  P. 56 photo: Tactical belt w/ magazines
  (Ex 196) → admitted & published. shows SRA pamphlets & other papers from Evetts’ glovebox – Phone & a faraday bag shown
  (Ex 197) →
  → social security cards of Arnold / Hill – admitted

(Hill Cross) – Red minivan was originally searched by FBI, according to SA

• Another agency moved things around in vehicle
• Does not have reports of where evidence was originally
  • SA does not know what happened w/ evidence before she received it.
• Photo of cooler: While waiting for vehicle search warrant,
  agents brought cooler from Prairieland to APD for processing
• Ex 53 p. 3 → fireworks say they are consumer fireworks
  – fireworks have an international label.
• SA does not know limit of fireworks are legally allowed to be possessed
• Not illegal to have loaded weapon in car.
• SRA stands for Socialist rifle association.
• SRA is like NRA – Not surprising that someone w/ rifle
  association would have a rifle
  (Evetts Cross) – SA participated in red Mazda seizure
  – Mazda had firearms inside & were not transported
  to Prairieland
• SA does not know of Evetts’ arrest
• SA did not pick items to be seized or selected
• SA did not know SRA is a lawful group on firearms
• Papers included a depiction of someone throwing a Nazi
  symbol in a trash bag (from Evetts glovebox)
  in a waste basket (E 50 p. 43)
• Why seize this item? – SA was directed by case agent
• SA personally does not see an issue w/ the item.
• SRA pamphlet photo discusses constitutional possession of firearms,
  no encouragement of bad behavior
  witness subject to recall

11:56 am lunch break – Judge confirms exhibits were admitted

---

12:48 pm back

USA Witness #23

Special Agent (SA) Russ Eldrete

• SA for 12 years in FBI. Assigned to complex financial crimes.
• SA involved in search of Soto’s vehicle.
  Ex. 58 -> Photos of vehicle, silver suburban, & its contents
  (4th Amd objections, already litigated, overruled)
  p. 9 -> picture of glove box w/ “someone’s” reading list w/ titles of articles & books of inflammatory titles.
  (403 objection (12:53 pm → jury asked to step out)
• USA can’t say who’s documents they are & contents of titles
• USA: These items are consistent w/ other items in Soto’s car. “I don’t bash back, I shoot first” – title of something
• USA: reflective of intent, etc.
  (Objection overruled. Item can be interrogated at cross)

Jury back 12:56 pm

Ex 58 (admitted & published) -> Photo: silver suburban found in neighborhood near Prairieland Detention

Photo p. 5 – search, front, passenger seat, bag & clothing
P. 6 – Photo: Glock in gun bag/ satchel over driver headrest, loaded
P. 7 – Photo of Glock serial number
P. 8 – Magazine of Glock, loaded
P 9 – Photo: Glove box, w/ a notepad: last 2 lines “I shoot first” “I don’t bash back”

- Photo: 2 cellphones

P. 12 – Photo: Pepperspray
P. 13 – Photo: Knife

- Photo: Mail addressed to I Soto 5615 Cow... St, Fw, TX

- Photo: All laid out in car.

- Photo: ID of Savanna Batten, inside of phone case.
- Photo: I Soto ID, TX driver's license

- Photo: Cord, cigarette lighter, knives

- Photo: Front seats, bag on passenger seat.

- Photo: Backseat bag, w/ Glock recovered

EX. 40 – Pistol from Soto’s car (admitted & published)

- SA looks through bag.

- pistol shown to jury

E Soto CROSS

• Vehicle recovered at an unclear time.
• SA does not know where vehicle was recovered.
• 3 people’s IDs in car, who were in Prairieland.
• Unsure who was in that car.
• Nothing illegal found in car.
• Notepad found by government. No idea what that was.
  • each entry was capitalized?
  → SA has to look at it again → SA looks at physical version
• Many of the words are capitalized
• Would match titles of book? → Yes, that’d be capitalized.
• SA does not know whose notebook that was & there were at least 3 people in that car.
• Firearm found was in the bag in the vehicle
• Firearm not at Prairieland
• Bag was in plain view.

Batten CROSS

• SA responsible for processing vehicle
• At the time of processing, it was towed to APD already.
• SA never saw vehicle at the scene
  Ex 58 p 10 -> DMV registration & vehicle? → SA does not know.
  → phone on photo. Phone was in front passenger side of vehicle → There were other phones as well.

Ex 58 p. 16 → Photo of other phone. Batten’s ID, debit card, & health
insurance were in case & that same phone, found in passenger side

• All items belong to Batten.
• Notepad in glove box was only taken photos by SA
  Ex 58 p. 22 – Photo of bag hanging on driver’s seat, in the back.
• SA did processing. → SA did this some time after the event
• SA does not know any arrest dates or facts of case
• SA does not know who was in vehicle
• Some of the items on hood were in the bag. Bag had other items,
  including firearm, magazines, & knife.
• No firearms or knives outside of the bag.
• SA not aware of any fingerprinting done on vehicle witness excused subject to recall

USA Witness #24 | Special Agent (SA) Ross?

• 22 years in FBI.
• SA in Dallas FBI since 2019
• SA assigned to Evidence Response Team (ERT)
• ERT investigates crime scenes. They process and collect evidence.
• ERT team that searched 56th Street residence on 07/05
  Ex 61 → SA looks through photos, residence searched at 56th street residence (objected: p. 13-16 relevance & 403 & 404) (p. 29’s same reasons)
• Judge: reviews USA restates previous reasons. Judge overrules.
  (admitted & published)
• 29 pages of photos
• p. 2 → Exterior of residence
• p. 5 → Gun safe on photo. SA does not remember how they got into it,
  but not forcefully open
  • p. 7 Photos: Firearms laid out on bed. Long guns, pistols, pistol boxes,
  revolvers.
• p. 8 Closeups of firearms: AR

p. 9 → Photo: Another rifle
p. 10 → Another weapon.
p. 11 → Ballistic vest “of some kind”
p. 14 → Photo: Pamphlets
= Photos. More pamphlets in residence.
p. 17 → Photo: Magazines, ammo cans on bed. The magazines and ammo
were in same room as safe.
p. 19 → Photo: More ammo, hearing protection usually worn at firing range.
p. 20 → Photo: Another ballistic vest
p. 21 → Photo: Brown ballistic vest, w/ military-style attachment loops
Photos: hand written protest signs:
“Activism is not terrorism”

  "Silence is violence"

  "No war but class war" 

  "Stop US genocide" 

  "Still not my president"

p. 27 → Photo: SRA material in garage, multiple copies
p. 28 → above material, unfolded

EX. 187: AR- style firearm from safe shown

→ SA looks through boxes w/ help of other agent.

→ items seized from 56th street.

(admitted & published)
Shown:

• Several ballistic-style “military-style” vests from in and around the safe
• Inner vest is shown, which “could stop a pistol bullet but not a rifle bullet”
• Shown: pamphlets collected, pursuant to the warrant
• Shown: another pamphlet from another location in house.
• SRA materials not physically present,only in photos

HILL CROSS

• SA arrived at 56th Street in evening. He was not first.
• Other officers had already arrived, SWAT.
• This was less than 24 hours since 07/04
• When SA arrived, some civilians were still there.
• “One civilian there was Autumn Hill?” (Autumn stands up) → SA did not know who was there
• SA’s role is only to process evidence.
• No present civilian resisted or fought ERT team

Ex 61: p. 14 & p. 15- black & white notebook w/ writing

- SA does not know whose notebook was there

- SA does not know if this is Fowlkes notebook

- SA does not know if any defendant ever looked in that notebook

• p. 16 – photo of pamphlet. SA thought it was important since it was related to the warrant.
• Throughout case an opinion carried: Collect literature “that might sound bad”?
• “Any pamphlets related to” Can’t remember language in warrant. Pamphlet photographed b/c of case agent or his own decision.
• Pamphlet is a critical analysis, contrary to title of pamphlet, which “looks and sounds bad.” Pamphlet made it into exhibits b/c it fit into description of warrant
• No item in house was illegal

MORRIS CROSS

• SA in FBI for 22 years. In DFWRA, at airport.
• SA eligible to retire this year
• SA was not there when SWAT was there.
• SA only showed up after SWAT determined house was safe.
• SA was waiting at an offsite location.
• SA saw other people in the house, including civilians.
  • One woman had a small child in there.
• At least 9 people + a baby lived in the house.
• SA does not know who owned what item
• All items were lawfully possessed in that home.
• SA only took photos that night

witness subject to recall

USA witness #25 – FBI Agent Ulises Avalos (SA)

• FBI SA since 2022, not law enforcement before
• Was history teacher before FBI
• Currently, in counterterrorism squad of FBI
• Parents are Mexican, he was born in Chicago.
• Speaks Spanish & English, bilingual. Learned Spanish at home.
• Learned English only in grade school became fluent in English in elementary school.
• Listened to phone call b/w Rueda & her mother.

Ex 203 – SA listened to the phone calls

• SA agrees w/ transcription in front of him.
• p. 9 to 11 SA’s notes on Rueda’s phone call, made on 07/05 around 2:40pm
• SA heard phone call b/c he was tasked to translate Rueda’s audio log from the jail.
• Investigation involved jail call surveillance.
• SA agrees that transcript is an accurate translation.
• 1-8 admitted, 1 – Ex 203 p. 1-8
  with Def’s ex 1, the phone call itself (Ex 1, 1 a admitted [?])
  p. 1-8 admitted, with Def’s Ex. 1, the phone call itself
  Ex. 203 p. 1-8
  Ex. 1 admitted

Ex. 203 p. 1

• Transcript published – They go through the call contents.
• SA explains that beginning of call has jail has automated voice that says that jail calls are recorded.
• SA confirms that this is the call b/w Rueda and her mother.
• Transcript has Spanish version to left, and English translation to right
• SA explains difference b/w transcription & translation
• P.10, line 10:
  • Rueda tells mother “something terrible has happened”
  • Rueda does not say what happened but that she should communicate w/ Danny, who will say what happened.
• Line 15
  • Rueda tells mom to ask Steven [<- unsure of name – reviewer] for Danny’s number and to contact Kels and tell community.
  • Rueda only refers to “community” as “the community”
• Line 17
  • “What did you do?” – Mother
• Rueda: “I can’t explain over the phone.”
  • Then Rueda talks about the animals in her house.
• SA explains tone & emotion of Rueda: Rueda has a “sense of urgency” and “anxiety” and “fear.”
• p. 4 → Rueda is worried about her daughter. Asks mom to take care of daughter, NOT the father (Judge checks USA on leading questions – “Don’t feed the witness”]
• Line 27 – Rueda: “Give me Danny’s phone number”
  • Stevie has the number.
• Line 33 – Rueda gives a phone number over.
• Line 34 – Rueda tells mom to get in touch with Danny “He will explain everything but I can’t explain anything right now.”
• Rueda & mom discuss “logistical matters,” pets & feeding
• Line 35 – Rueda: “Nothing’s going on and you haven’t done anything wrong.”
• Line 38 – Rueda tells mom to call Danny.
• Line 40: “Get in touch w/ Danny” – Rueda
• “I’m in Johnson County Jail” – Rueda
• “Get in touch w/ the community, w/ a young girl called Kels”
  (objection, speculation, sustained.)
• Lines 41-42: Mother asks Rueda if Danny knows anything, Rueda says “no”.
• Line 45 – Mother asks Rueda “what did you do”
• Rueda “something has happened, something horrible”
  • Rueda tells mom that it’ll cost $1 million to get out
  • Paraphrases: The only way we’re gonna get out is “all together,” hire a lawyer for all, tell the community
  • Mother asks Rueda “what did you do”, Rueda says “no”
• Line 51 – Mother says “I’m gonna call Daniel now to see what he says.”

SANCHEZ CROSS

• SA is not a certified translator.
• SA agrees words can have many meanings, depending on situation
• SA agrees that arrest is traumatic event. Rueda was emotional on the phone call, she was scared.
• Mother is also probably emotional and scared.
• Jail calls are often used to prosecute.
• Attorneys advise their clients to not talk about case in jail call
• Context is necessary to determine meaning of phone call.
• First subject: Rueda brings up: her daughter.
• Second concern: Her pets: dog, bunnies, cat.
• “Fine” can mean “acceptable” or “upset” → SA can’t answer that.
• “Great” can be said sarcastically, based on the tone, same word.
• Meaning assigned to words requires interpretation of meaning
• Defense asks to literally translate: “sana sana, colita de rana”
• SA cannot answer. SA denies knowing meaning.
• Literal translation is “heal, heal, frog butt,” but meaning is for when a baby has a “boo boo”
• Words and culture change meaning.
• Defense: “Lo que quieras” → “Whatever you want,” per SA
• can be used to say “where do you want to eat?” per SA
• “No me importa” → “I does not matter to me,” per SA.
  • BUT literal translation can be same as “loque quieras”
• Non-native speakers would choose easiest words in language
• SA does not know whether Rueda is a learned speaker
• In call, Rueda uses word “entregue”, line 18 [or 181 – reviewer]
• translation is “hand off”
• Then she says “entere” which is a similar word to “entregue”
• Does not make sense that this is an example she’s not a native speaker? – SA can’t
  tell.
• In call, Rueda instructs mother to call Danny, but he doesn’t know what’s going on, so the other people should be contacted and they know what’s going on.

P.7

• Then Rueda tells mom to tell Danny to call Kels
• SA says father learned English first
• SA confirms many children translate for their Spanish-speaking clients
• Is it possible that Rueda was telling mom to get information
  in Spanish instead of English? → SA says he can’t answer.
• SA says that Rueda told mom that he’d be able to explain everything but SA is unsure whether Sanchez know anything
• SA is familiar w/ the word bias
• SA is in counter-terrorism team, so everything he gets is “terrorism”
  • L SA does not agree he’d see “terrorism” in his translations.

Line 35

• SA is asked why he didn’t read the whole line.
• SA does not remember.
• SA reads: “Honey, please, I don’t know what’s going on, sweetie, but”

Line 38

• Rueda asks to call Danny, and “I can’t lose you at this time” to mother
• SA asks if final part is necessary to add full meaning?
• SA says that he was just reading the parts that are relevant to the investigation.
• Line 40: Full line is about taking care of pets, and house, and get in touch w/ Danny, and she’s in JoCo jail, and she needs to speak w/ Danny……..
• Defense points out that SA’s interpretation of line 40 took out parts from the full line
  witness subject to recall

PM break – 2:29pm – jury gone

• 2:41pm – jury back

USA witness #26

• Special FBI agent (SA) Whitworth (testified already) Main case agent
• Per cellphone towers Sanchez got a call from Rueda on 07/06
• He has listened to the phone call 07/06, mid to late morning
• Agent heard call very shortly after made, since calls from Rueda were being surveilled

Ex 67 → recording of call from Rueda to Sanchez
(admitted & published)

• “0:46-0:55” They play automated JoCo message that calls are being monitored & recording
• Call: Rueda is crying
  (USA interrupts call. Defense objects that entire call should be played. USA says jury can listen to full call later. Objection overruled.)
• SA: Sanchez tells Rueda he talked to her mom
• USA skips to 2:31, USA interrupts, Back to 2:29 – 2:35: Rueda refers to “Vanna,” who is Batten, saying they’re in jail together

Skips 1: Sanchez says situation is public now. He says he’s concerned,but they’re working through it

• “We’re moving everything possible to get you legal representation”
• Sanchez explains they’re handling things
• SA explains that concern is finding Rueda a lawyer.

skip to 4:27 → Rueda says that she’s worried about “Rowan”, who is Joy Gibson, arrested near scene of shooting, laying next to wagon

skip to 6:01 → Rueda mentions Liz & Ines being married. Rueda tells Sanchez that a cop asked her about her husband, Sanchez

• Sanchez was not involved at all in “attack”
• SA says that Rueda is concerned about Sanchez’s proximity b/c of their marriage

skip to 6:49 → Sanchez and Rueda about cop surviving, since if they are not facing capital punishment

skip to 7 minutes → Rueda worried about Rowan (Joy Gibson), asks Sanchez to deposit $ on Rowan

skips → Rueda mentions to Sanchez to talk w/ “the community”

• SA says that “the community” refers to a larger group of people that were involved
• Rueda mentions “some of the homes of people we’ve come across with”

skip to 8:05 → Rueda talks about confiscation of property by USA

• SA says, in his opinion, Rueda is concerned about the evidence
• SA comments on USA’s charges against Sanchez
• USA asks SA to explain “knowledge” element
  (objection, should be for judge to talk about law, overruled)
• SA explains that offense requires “intent” to conceal evidence in federal investigation

skip to 8:42 – 9:19 →

• Rueda tells Sanchez to tow the car, which has her phone “do what you need to do”
• USA says he wants to play it again. (Objection. Overruled)
• Replayed – Rueda tells Sanchez where car is parked “Tow it” “My phone is in the back” “Do what you got to do” “Just tow it”
• SA explains that the info alerted the unit b/c it followed the conversation about possible evidence in the case was [sentence cuts off – reviewer]
• SA explains that Rueda’s car was at the 56th Street location (“2400 block of 56th street”
• SA perceived conversation as concern for Rueda on evidence: vehicle and phone

skip to 10:22 →

• SA says conversation does not “flow” as is expected
• SA admits that Rueda’s concerns could be about pets, etc
• SA thinks the calls were more than “words themselves”
• SA says that they are being ambiguous b/c call is being recorded

skip to 10:22 – 11:20 →

• Sanchez explains that vehicle will be repo’d
• Rueda asks for locksmith to get things out of the car
• Sanchez assures they have taken care of the pets and talks about the mortgage next
• SA comments that Rueda uses different tones about car discussion

skip 14:29 – 15:23 →

• Rueda mentions extending support to Sikes, who was arrested w/ Sotos, Batten & Rueda – SA describes Rueda’s tone as “weird”

skip to 13:33

• Rueda says “It wasn’t supposed to go like this”

skip to 17-18

• Sanchez assures they’re doing everything possible to support Rueda
• Sanchez says “we” multiple times, and confirms that he’s moving things around

Skips to 18:55 – 19:03

• Rueda: “None of us have anything to do with anything”

Sanchez Cross

• SA confirms that people on the phone would know their code words were being recorded
• SA explains that Rueda wanted Batten’s family to be in touch w/ their family to coordinate
• Rueda was concerned that they were all segregated
• Confirms that Rueda was concerned about Batten, her daughter, her mom, her pets (which did exist), selling the house commissary money for herself & Gibson
• SA agrees these are not conspiracies, all done lawfully
• SA has not taken training on coded language nor trained on “Antifa Code” nor other code language
• No evidence or emails discussed codes
• SA does not believe they spoke in code
• SA agrees their conversation was not secret
• Rueda told mom that Sanchez had 0 involvement
• SA agrees that it is reasonable for people in proximity to be afraid of the case
• SA says that Sanchez has Green Card, which could worry Rueda
• SA says “the community” is not coded nor illegal
• SA says that they thought there was a conspiracy, so “community” would involve people in a conspiracy
• “We” could mean people helping Rueda
• SA agrees that “we” can be used for only 1 person & for people supporting another
• SA interpreted Rueda’s concern that evidence was being collected
  was suspicious → SA says that
• “To a hammer, everything is a nail” – SA explains what this means
• Rueda’s language on “2400 block” was suspicious
• “what ‘community’ uses this language?” – SA says law enforcement community
• SA says that “2400 block” language is not illegal
• Rueda does NOT refer to her things as evidence
  – does not say hide
  ” ” ” destroy
  ” ” ” Conceal
• Rueda says to “retrieve” her items from the vehicle
• Rueda gives a lot of personal information over the recorded call.
• SA thinks use of the word “people” was concerning
• SA responds to a baseball phrase given by defense
• Rueda: retrieve phone, handle logistics, “do what you need to do”
• SA agrees that she did not tie the words to any boxes or books
  • Rueda discusses finances, passwords, no guarded language
  • NO mention of “Anita” on the call.
• Rueda used only ordinary words
• SA attached his interpretation & opinion to the words
• They pull up cellular data. Sanchez’s route shown.
  • Sanchez had already gone to Rueda’s house
• Rueda’s call was after Sanchez had already gone to Rueda’s house [?]

RUEDA CROSS

• Def.’s Ex shown to SA. (MR 2B) (transcript of phone call) (Admitted & published)
• Rueda did not take vehicle to Prairieland SA:
• “Lay person would not think that vehicle was involved? – SA: 56th street is starting point of travel to Prairieland
• Before Rueda mentions taking things from car,she was talking about repo, so it’s reasonable she was concerned of her things
• SA does not believe Rueda was trying to hide or conceal anything

USA redirect

• SA says he does not need training to understand guarded language
• SA talks about having a conversation w/ wife in front of kids w/o kids understanding
• USA asks why/how it’d be dangerous to help her with animals. – SA says it would not be dangerous.
• SA confirms that Sanchez had been at Rueda’s house 6-7 hours before the call
• SA says that Sanchez said he was at Rueda’s house w/ others
• USA goes back to “community”, SA agrees word is not “community”
• SA explains that box of documents is eventually taken to “Kels’s” apartment in Denton
• At this point of call, investigation believes there is more than 1 shooter
• “It wasn’t supposed to go down this way” → SA believes this was a false exoneration
• At this point, shooter had not been apprehended or identified
• Rueda & Sanchez talk about passwords but not to who went to the house
• USA tries to go back to other part of call
  (cumulative objection, judge sustains)
• “Do what you need to do”
• SA understands: “Get rid of what you need to get rid of”

Sanchez RE-CROSSES

• Sanchez was at house 6-7 hours
• Calls NEVER explained what “community” is
• During talks w/ wife, SA does not list every coworker when he’s talking about how things are going at work
• Sanchez NEVER went to the car. He did not do something Rueda told him to do.
• At that point, they cast a wide net using all their resources to find the shooter
• SA confirms that people were wearing all black on 07/04

USA not allowed to re-re-direct

Hill re-cross

• Does not take special knowledge or training to know what other people think
• SA says that he had not made up his mind on what happened that night, but US DOJ had already been involved
• “It was a planned ambush to attack ICE officers [no close quotes or name attributed -reviewer]

USA re-re-direct allowed now

• When Rueda made call to Sanchez, he was at his house

witness subject to recall

Court asks for a really short witness
USA rambles –> No short witness
adjourned 4:01 pm

• Judge reminds jurors it is early election & should go vote.
• Judge reminds jurors to not look into case during weekend.
• Judge reminds that trial will resume Tues. at 9 am
• Judge asks if everyone could see Ps Rs. No defense
• USA estimates their case will finish -> Next witnesses are on Sanchez’s boxes, then witnesses on home searches, then post-arrest of Morris
  5 witnesses
• Then Wed-Thurs. will be cooperators
• Then expert witness, relatively quick.
• USA hopes to be done next Friday.