(Jury in at 9:20 a.m..) THE COURT: Good morning, folks. Welcome. back. Y'all can have a seat. As I said before

Transcription

1 0 THE COURT: nd I know the jury is ready to go so let's bring them on in. (Jury in at : a.m..) THE COURT: Good morning, folks. Welcome back. Y'all can have a seat. s I said before y'all came out, I said good morning to everybody else out there and I said good morning for us to be here as opposed to doing anything else because it's very ugly outside, and I don't know what the rest of the day will bring but looks like a good day to do some work, so welcome back and again thank you for your time and attention and here we are in day six so hopefully you're well rested and ready to get in a full day's work. Ms. Corey, you ready to proceed? MS. COREY: I am, Your Honor. Detective ndrew Kipple. THE COURT: Detective Kipple. MS. COREY: Kipple, yes, sir. THE COURT: ll right. Good morning, Detective. If you'll come right up here to the front for us, please, and you can raise your right hand. The clerk will administer the oath. NDREW KIPPLE, having been produced and first duly sworn as a witness

2 0 on behalf of the State, testified as follows: THE WITNESS: I do. THE COURT: ll right. Detective, if you'll come around and have a seat in the witness chair. nd be sure to speak loudly and directly into the microphone so everybody can hear, all right? THE WITNESS: Yes, sir. THE COURT: Thank you very much. Ms. Corey. MS. COREY: Yes, Your Honor. DIRECT EXMINTION BY MS. COREY: State your name for the record, sir. ndrew F. Kipple. Spell your last name. K-I-P-P-L-E. By whom are you employed? The Jacksonville Sheriff's Office. How long have you been an officer with the Jacksonville Sheriff's Office? For years. Please tell the jurors about your experience during that years. My experience I've been a patrol officer, a burglary detective and currently I work within the crime scene unit.

3 nd throughout all those types of duties on behalf of the Jacksonville Sheriff's Office have you responded to crime scenes in all of those capacities? Yes, I have. ll right. nd have you gone to special classes in addition to support your evidence technician function? Yes, I have. nd your current duties with JSO, are they 0 limited specifically to being an evidence technician? Yes, they are. What type of training did you receive specifically to process evidence and preserve it for the future? I've gone to multiple classes within my tenure as being in the crime scene unit. Some of the classes I've taken have been introduction to basic crime scene processing, advanced homicide investigation, digital photography classes, buried bodies and surface skeleton courses. There's been two more, I think, blood stain pattern analysis and also crime scene reconstruction. nd did you also do on-the-job training with those who preceded you in the unit who are considered to be senior evidence technicians?

4 Yes, I have. nd tell these jurors the difference between an evidence technician at the Jacksonville Sheriff's Office and a major case evidence technician? n evidence technician responds to crimes such as burglaries and batteries and take photographs. major case crime scene detective will respond to homicides and process major cases within the unit. nd were you assigned as a major case 0 evidence technician on November rd,? Yes, I was. nd were you the lead major case evidence technician to respond to the Gate Gas Station located at the intersection of Baymeadows Road and Southside Boulevard? Florida? Yes, I was. Is that in Jacksonville, Duval County, Sir, is it the practice of the Jacksonville Sheriff's Office for each officer to fully document the details of each case as that case is handled? Yes, it is. re notes made as part of the normal course of your business?

5 nd are those notes then incorporated into an official report that is then kept by the Jacksonville Sheriff's Office? My notes I don't keep my notes. I just -- my notes get transferred onto my report and the notes -- my notes get destroyed. Right. nd that's pursuant to law that allows you to do that? 0 Okay. nd then is that report kept along with every other report pertaining to a specific case? Yes, it is. Tell the jurors how you all track a specific case. In other words, how do you and the homicide detectives make sure you keep all of the reports with one case? Our reports come with a case report number. We call it a C.C.R. number and that one C.C.R. number all the reports related to that case will be correlated with that same number. nd if another evidence technician aids you in your investigation and documentation of evidence, do they then either document it themselves under that C.C.R. number or do they tell you what they've done so

6 that you then document it in your report? Correct. Thank you. nd would it aid you in your testimony to be able to refer to those reports if you need to today? Yes, it would. ll right. What date -- what was the date and time of you being dispatched to the Gate Gas Station on November rd,? 0 :00 p.m.. I was dispatched on November rd, at nd who was on scene when you arrived? When I arrived on scene there was -- multiple officers were on scene. There was some other evidence technicians and also homicide detectives. Can you just kind of explain to the jury how a homicide scene is locked down? In other words, as you drive up tell them what you see. re there patrol cars at the perimeter? re there lights flashing to warn people not to come in? Give this jury a general idea. When I arrived upon this scene the parking lot and all the entrances into the business were secured by police cars blocking off entranceways and also crime scene tape that was surrounding the entire

7 perimeter. nd did you speak with homicide detectives prior to beginning your documentation of the crime scene? Yes, I did. nd for what purpose do you speak with the detectives before you begin your work? I speak with them just to get an overall view 0 of what the scene is, what they've already learned and what I'm going to be needing to process. Did you have assistance from other major case evidence technicians at the scene? Yes, I did. Is there almost always follow-up work that has to be done in a homicide case? nd then do other major case evidence technicians help on the succeeding days after the original scene is processed? Yes, they do. Okay. Do those evidence technicians also follow with the same C.C.R. number pertaining to this case? Yes, they do. When you -- when there are gunshots fired in

8 an open area such as a parking lot like the Gate Gas Station, is there any way possible to avoid the movement of projectiles, shell casings or clothing or any other types of physical evidence before police can get there and lock that scene down? No, there is not. Okay. So in your capacity as a major case evidence technician do you ever make an attempt to move items back to their original position? 0 When I arrive and I see the evidence I leave it exactly where it was discovered where I find it. Okay. nd then do you depend on witnesses who may or may not know about that to determine its original position? So you photograph it as you find it? Correct. ll right. MS. COREY: Your Honor, I have photographs to show to this detective if I may? BY MS. COREY: THE COURT: ll right. Detective Kipple, let me start with state's exhibit. little quick on this thing. Give me one second. ll right. State's exhibit. What I want

9 you to do is give a very -- the jurors have seen some of these. I want you to give a very brief explanation as to your vantage and why you took these photos, and it can be just a sentence or two and I'm only going to refer -- these are all in evidence so I'll just say state's and ask you to explain to the jury, please, on this photo. This photograph is depicting the front of the 0 Gate Gas Station, and it's showing a white pick-up truck and a red Durango in the parking lot. ll right, sir. Tell the jurors about the lighting with this photo and then how it would apply to the other photos. Well, the lighting on this one the Gate Gas Station is well lit and I'm taking photographs. From my distance being far away with the flashlight I'm using it's a little bit darker and the closer I would get the brighter the flash would be so the brighter the photographs would be. ll right. State's exhibit? This is another perimeter shot, an overview. It's a different angle and it's basically more in front of the Gate Gas Station itself. State's exhibit? We're moving a little bit closer, and this

10 0 photograph is basically depicting -- there's yellow numbered placards within the parking spots. So you photograph the scene before you start assigning a number to each piece of evidence, is that correct? Well, on this particular one I've already placed the placards down and the numbers indicate where the evidence is. Right. But in the prior photograph are those 0 yellow placards in there? Yes, they are. Okay. I need better glasses. So state's number then is the same, is that right, with the yellow placards? Yes, it is. Okay. State's number, sir, is that a close-up of the tag belonging to that red Dodge Durango? Yes, it is. nd tell the jurors about the condition of the doors on that red Dodge Durango when you arrived and photographed it. Were they in that position? When I arrived I noticed that all four doors of the Durango were open. From the time you arrived on scene until the

11 time you took these photographs did you allow anyone to go into this red Durango, that Chevrolet or in any other vehicle that was contained within the crime scene tape? No, I did not. State's number in evidence? This is another photograph, a closer photograph of the rear of the Dodge Durango. State's number 0? 0 This photograph is focusing on the placards and the parking spot. Okay. State's number? This is a different angle showing the perspective of the placards next to the white truck. nd did you take close-up photographs of each yellow placard to denote items of evidence for this case? Yes, I did. ll right. Let me show you then state's exhibit. Tell the jurors what that is. This is a close-up photograph of placard number one and beneath it is going to be a shell casing. Okay. nd can you tell the jurors what you mean by a shell casing?

12 shell casing is the part of the bullet when you shoot it it's extracted from the gun itself. The projectile comes out of the casing itself and what remains on the ground here is the casing of the bullet itself. nd from your experiences both as a law 0 enforcement officer trained to fire weapons and your experience as an evidence technician would you expect to find shell casings at a scene where a revolver was used? No, I would not. Would you expect to find them when a semiautomatic pistol is used? Yes, I would. Okay. nd so after you photograph this, do you leave it in its place until you're ready to package it and preserve it for evidence? Okay. Let's take you to state's and explain that to the jurors. It's placard number two and it's showing another casing beneath it. State's exhibit, please, what does that show? This is showing an overall perspective view

13 of the placards within the parking spaces. nd is this as you look towards the store or away from the store? It's towards the store. Okay. nd then state's exhibit if you could give the jurors the perspective on that? This photograph is taken with my back towards the store facing towards the gas pumps itself. ll right, sir. State's exhibit, would 0 you explain that one to the jury? It's placard number three, and it's showing a casing beneath it. So literally we're up to three shell casings at this point? Correct. Did you number specifically all of the casings in a row before you went on to other items of evidence? Yes, I did. Okay. nd then state's exhibit? That's placard number four with the casing beneath it. So does that denote the fourth shell casing? State's exhibit?

14 This is placard number five, and it's showing another casing. Okay. nd state's exhibit? This is a closer up photograph of the casing with the placard. nd so you collected a total of five shell casings from that area in the first parking spot next to the sidewalk at the Gate Gas Station? 0 Yes, I did. Okay. Let me show you what has been stipulated into evidence as state's exhibit. MS. COREY: Mr. Strolla. MR. STROLL: So stipulated, Judge. MS. COREY: Your Honor. THE COURT: ll right. Yes, ma'am. BY MS. COREY: nd ask you, sir, are these the five nine-millimeter shell casings that you have just shown to the jury in those photographs? Yes, they are. nd have they been removed for display purposes only? Yes, they have. nd are your original packages still contained with this exhibit?

15 Yeah. The shell casings that I packed within the packages are within this display unit. nd outside of markings from the Florida Department of Law Enforcement who processed these, do these appear in the same condition as when you submitted them? Yes, they do. MS. COREY: May I publish to the jury, Your 0 Honor? THE COURT: Yes, ma'am. nd once again, ladies and gentlemen, you'll have a chance to -- all this will go back to the jury room with you when you begin to deliberate a verdict so you'll have a chance to review it yet again. BY MS. COREY: Let me move on then, sir, to start showing you some more photographs and let's go then to state's exhibit in evidence. Does this appear to be a different type of evidence, ballistics evidence? Yes, it does. nd explain that difference to the jury. What I recognize this to be is a projectile, the part that comes from the casing, and it's showing placed by placard number six. Okay. nd so that's a different part of the

16 bullet, is that correct? Yes, it is. nd did you package that separately? Yes, I did. Tell the jurors why you packaged it separately. It's a separate piece of evidence, and in 0 case it needs to be recovered or sent off for testing they can individually take it from the package that I placed it in. ll right. nd then I'm going to move on to some other photographs and come back to the actual physical evidence. MS. COREY: Is that all right, Your Honor, if I do it that way to move things along? THE COURT: Yes, ma'am. BY MS. COREY: State's exhibit, please tell the jurors what's depicted in this photograph. This is a photograph showing the driver's side of the Durango and there's two more placards within that photograph. ll right, sir. nd let me show you then close-ups with regard to state's exhibit, does placard seven denote more than one item of evidence?

17 Yes, it does. nd what does that denote? Well, if you look at number seven right in front of it is a wallet, but right next to the wallet there's another little piece of metal which is going to be a fragment from a projectile. ll right, sir. nd so the close-up of that 0 can you please circle on that photograph -- you know how to do that with your finger? Thank you. nd is that another projectile? Well, what I -- Or fragment? Sure. This is part of a projectile but it's a fragment from it. t what point does either an evidence technician or another forensic specialist like a medical examiner, firearms examiner, at what point do you distinguish part of the bullet to be a fragment versus a projectile? Well, the projectile is the entire lead base and the copper jacket that's on it itself, and a fragment is just going to be a piece of the projectile. nd what could cause that bullet to splinter and become fragmented? When it hits a hard object or a subject the

18 projectile then sometimes it smashes. Sometimes it breaks into pieces and there's fragments then that explode from the bullet itself and that's what we find on the ground. So would a semiautomatic firing a nine-millimeter projectile going through the metal of that red Dodge Durango have caused fragmentation of the bullet? 0 Yes, it would. nd did you package that separately as well? Yes, I did. nd now I've got to show you a couple of items of evidence, and let me start with -- MS. COREY: Judge, may I have some assistance from Mr. Guy? THE COURT: Yes, ma'am. MS. COREY: With my little table that doesn't match. nd if you'll just tell us where you want it, Judge. THE COURT: I'll let Mr. Guy rearrange it. We joked before you came out, ladies and gentlemen. Ms. Corey brought this table because she uses it in various trials and asked permission to bring another piece of furniture into the courtroom which I said fine and I just said it is a lovely table.

19 0 It just doesn't match our decor and obviously a lot of time, effort, money we talked about that before y'all came out so that's why she made that remark. I suggested perhaps she have somebody stain it for the next time and it probably matched in the old courthouse because the decor over there was much different. MS. COREY: It was. THE COURT: But anyway that will help to display these things for you. MS. COREY: Thank you so much, Your Honor. MR. STROLL: Judge, may I have permission once they do publish it that I can rearrange myself? THE COURT: Sure. bsolutely. MR. STROLL: Thank you. THE COURT: You want to do that now on this one? MR. STROLL: ll of -- depending on how many she's going to do, Judge, I may. MS. COREY: Four. I have four that were just depicted in the photos and I would like to put them in one at a time and then if Mr. Strolla wants -- I'll show him each one before I put them in. nd, Judge, just so you'll know each placard

20 00 number that was in the photographs is also on these envelopes that are the original packaging. BY MS. COREY: Detective Kipple, let me show you state's exhibit in evidence and ask you, sir, is this the projectile that was shown near those five shell casings that we've already displayed to the jury? Yes, it is. nd do you recognize your writing on the 0 original packaging? Yes, I do. nd does that match the photograph you've just testified to in front of this jury? Yes, it does. Thank you. Now if you'll remind the jurors again as they're looking at this exhibit why this does not look like a full bullet that's been fired? It has struck an object and because of the impact the projectile itself is damaged. nd was this the only projectile found in the vicinity of the five shell casings? Yes, it was. nd again, sir, was there any way for you to know how that projectile ended up amongst those shell casings?

21 0 Well, I can tell how the vehicle was struck that somehow it must have ricocheted from the object that it struck. ll right, sir. Let me then go to state's exhibit in evidence. MS. COREY: Mr. Strolla, I'll just come over there. BY MS. COREY: nd is this the fragment that you've just 0 shown the jurors that was next to the wallet that you designated as number seven? Yes, it is. Okay. nd additionally did you put that wallet in evidence? Yes, I did. Okay. Thank you, sir. nd again can you try to enlighten this jury as to how a fragment, assuming it was fired from the same general location, could have ended up completely on the other side of the other parking space? There's many different potential ways it could have. It could have been kicked. It could have fell out of the vehicle, bounced around, rolled around. There's no telling. ll right, sir. nd again you photographed

22 0 them where you found them and packaged them and preserved them for evidence, is that correct? ll right. MS. COREY: nd, Mr. Strolla, I have more photos now and then two more items. BY MS. COREY: ll right. Let me take you then to the next 0 photograph in evidence which is state's number and, sir, tell the jurors what this is. One photograph is of the wallet that was at the scene and the next photograph is the same wallet and I opened it up to take a photograph of the drivers' license. ll right. So state's in evidence is a composite showing the wallet and then the wallet opened, is that correct? nd is that over in the property room still? Yes, it is. Okay. Thank you. State's, can you explain that photo to the jury? Durango. This is a photograph showing the front of the ll right. Did you find any evidence of

23 0 bullet strikes to the front of this Durango? No, I did not. nd did you search in great detail? Yes, I did. Now was the lighting sufficient for you to look for bullet strikes so you could photograph the car as it appeared out at the Gate Station? Yes, it was. nd were -- in addition to your own lighting 0 were there lights from both the inside of the store as well as, I believe, the porch of the store? Yes, there was. nd you saw no evidence of bullet strikes to the front of this Durango? No, I did not. State's exhibit, if you could give the jurors a guide on what that is. This is a photograph of the driver's area with the door open. nd again, sir, to your knowledge that door was open when you arrived, is that correct? Yes, it was. Now for your purposes do you need to know who was sitting in that car or who opened that door? No, I do not.

24 0 Do you leave all of those details to the homicide detectives? Yes, I do. nd the items that are gathered on the floorboard, sir, did you take a glance at those items? Yes, I did. Did you see anything that you believed to be of evidentiary value for purposes of this case? 0 No, I did not. What types of things would you be looking for as a major case evidence technician in a homicide case? I'm looking for weapons, contraband, items of that nature. Okay. Is there a pocket in that door? Yes, there is. Can you circle the pocket of the door? (Marks photograph.) Did you closely examine the items inside the pocket of that door? Yes, I did. Did you find any weapons, sticks, cylindrical objects, metal pipes or anything else in that pocket? No, I did not. nd then looking in at the floorboard area, can you tell the jurors what those items are?

25 0 On the floorboard is papers and it looks like that ashtray got pulled out and cigarettes and ash spilled on the floor. ll right. Let's go ahead to the middle sort of console and appears maybe cups or something? 0 phone. Yeah. There's two cups and a charger for a Did you also look under this front seat? Yes, I did. Did you see any evidence in any of these locations of weapons? No, I did not. Okay. Let's go to state's exhibit and tell the jurors about this photograph. This is a photograph of the front passenger seat with the door open. Is there a pocket in that door as well? Yes, there is. nd did you check to see what that brown item is on the pocket? Yes, I did. nd tell the jurors what that is. It's a container of some sort of a hair gel. Okay. nd also the same question, did you check under the seat here?

26 0 Yes, I did. Did you ultimately check inside the glove box? Did you find anything remotely resembling a weapon in this portion of the car? 0 middle? No, I did not. Okay. Now is there a little armrest in the Yes, there is. Okay. nd so is there a full seat in between these two seats in between one -- the driver of the passenger seat? The armrest folds down and it also will fold up, so if somebody needed to sit there they could have. Is there any sort of compartment underneath that armrest? No, there's not. nd underneath the armrest itself did you find any evidence of any weapons? No, I did not. Okay. State's exhibit, can you tell the jurors the orientation on that photograph? This is the driver's side view of the rear passenger seat with the door open.

27 0 nd is that considered to be a bench seat? Yes, it is. gain is there any sort of a compartment in the middle of that seat? No, there is not. Okay. nd by compartment I mean a storage compartment where you could lift it up and put something in and then try to make it look like a seat? I think in between the two seats right here 0 there's going to be a little fold down area where it's like an armrest. Okay. But nothing that would conceal a weapon, is that correct? No. Did you find any evidence of a weapon on this side of the vehicle or underneath that seat? No, I did not. How about the middle of the back seat? No. nd then state's, can you explain that? Is there a pocket in that back rear passenger's door? Yes, there is. That's the driver's side, is that correct? Correct. ll right. Was there anything in that pocket

28 0 that could be remotely construed as a weapon? No, there was not. State's exhibit 0 in evidence, please explain that photograph to the jurors. This is a photograph showing the rear door and it's the locking mechanism for the door. 0 locks? Okay. You're familiar with child safety Yes, I am. Can you circle the child safety lock on the rear passenger door? (Marks photograph.) Oh, that's right on red. MS. COREY: Judge, can you inquire whether it can be seen? THE COURT: Can you see that, ladies and gentlemen, all right? THE VENIREMEN: THE COURT: Okay. MS. COREY: Otherwise I'd have to change the color. BY MS. COREY: ll right. Let me ask -- MS. COREY: Can you change the color since we're going to be on the red car? May we have just

29 0 a second, Judge? THE COURT: Sure. MR. SMITH: What color? MS. COREY: Blue will probably show up on these photos. BY MS. COREY: I can go ahead and ask you a question. In 0 that photo -- THE COURT: Here it comes. MS. COREY: Sir? THE COURT: He's got to circle it again. MS. COREY: Thank you so much. That's much better. BY MS. COREY: Does it show whether that child safety lock is on or off? I actually can't tell. Okay. nd would you have followed up to find out whether it was on or off or how that back door got open? No. gain would you have left that type of detail to the homicide detectives? Thank you, sir. Let's go to state's and

30 0 let me ask you to tell the jurors about that photograph. This is the rear passenger side of the vehicle with the door open. Okay. nd did you find any weapons anywhere in that area? No, I did not. Sir, had you been told where the person who 0 was shot, Mr. Jordan Davis, had been sitting in that car? Okay. Now were you able to collect any of the personal clothing or items contained in the pockets of that clothing from Mr. Davis? No, I did not. Tell the jurors why you weren't able to collect those items. present? He wasn't present while I was at the scene. Were you aware of why he was no longer nd tell the jurors why. He was transported to the hospital. nd at that point then is it up to someone else when a shooting victim goes to the hospital and

31 then the Medical Examiner, does the Medical Examiner's Office then take over the packaging of the shooting -- of the person who's been shot, do they take over the clothing? Yeah. They -- they obtain custody of the clothing that the person was wearing. nd then is it the custom of the Jacksonville Sheriff's Office for the homicide detective to then put that into evidence along with all these other items? 0 Yes, it is. Okay. Now was this part of the car where Jordan Davis had been sitting exactly as you photographed it immediately after the investigation began? Yes, it is. Okay. Did you find any evidence of any object on that seat or in the pocket of that door that resembled anything close to a weapon? No, I did not. Did you look under that seat? Yes, I did. nd what was under that seat? There was nothing. Did you take a closer look later at the warehouse when you got the car down there?

32 Yes, I did. Did you find any evidence of a weapon tucked into where Jordan Davis' rear end would have been back against the back of the seat? No, I did not. nd did you find -- let me see if I've got a close-up of the pocket. ll right. State's, that shows more of the middle area of that car? 0 there? nd did you find any evidence of any weapons No, I did not. Okay. State's, sir, is that another view of that back seat? Yes, it is. Show the jurors the little fold down armrest you were talking about. Yeah. This is an armrest on the back seat. Did you ever fold that down? Yes, I did. Was there anything concealed in there? No, there was not. nd the items on the floor, if you can just quickly tell the jurors what those are. They were cups.

33 Okay. nd then there appears to be just some debris on the seat. Tell the jurors what that debris is. That debris is small broken pieces of the window, the glass from the window. nd will your warehouse pictures show that better later? Yes, it will. State's exhibit in evidence, can you tell 0 the jurors what that appears to be? This is a view of the Durango, of the front of the Durango on the passenger side. nd again, sir, this picture does not purport to have the Durango in the position it was in when the shooter fired at it, is that correct? It was explained to me that it was parked in a different parking spot at the time. State's exhibit, can you tell the jurors -- are we still at the Gate Gas Station at this point? Yes, we are. Okay. nd tell the jurors the purpose of this picture. I'm just photographing the passenger door and the bullet strikes that are on the door. How many bullet strikes were on the front

34 passenger seat door? There were three. Okay. Did you eventually number these bullets, bullet strikes, for purposes of documentation in this case? Yes, I did. Does your numbering of these bullet strikes in any way represent the order in which you or anyone else believes the shots were fired? 0 No, they do not. How did you decide -- bless you. How did you decide which way to number those shots? In chronological order. From which end to which end? I started at the rear of the vehicle and numbered that one with one and then worked all the way to the front. Okay. So you numbered these three bullets towards the end of the numbering? Correct. But that doesn't mean those were the last shots fired, is that correct? Correct. Okay. re you going to render any opinion about the order in which the shots were fired?

35 If I'm asked. Okay. We'll wait till the warehouse pictures. Let me -- state's, can you circle the first of those three bullet strikes? 0 (Marks photograph.) The second bullet strike? (Marks photograph.) nd the third bullet strike? (Marks photograph.) nd, sir, do those bullet strikes appear to have entered from different or at different angles, slightly different angles? Well, from this viewpoint in looking at the damage it appears they could have came in at an angle. Okay. Now can you tell that just from a photograph? Sometimes you can. Sometimes you can't. Did you use dowels at a later point to help determine the angles of those bullets? Yes, I did. nd how would that help you? If you only have an entry do you try to put the dowel in as far as it will go? Well, I've got to look for a second point of impact and then when I put a dowel rod or trajectory

36 rod in that will give me the angle the way the projectile entered into it. Station? warehouse? Did you try to put dowels in at the Gate Gas No, I did not. Did you preserve that for later at the JSO Yes, I did. nd the window damage, was the window in that 0 position or did you move it at all prior to this photograph? on scene. This is the way I located it when I arrived State's, how many bullet strikes were to Jordan Davis' door? three? There were three. Okay. nd can you circle the first of those (Marks photograph.) nd the second? (Marks photograph.) nd the third? (Marks photograph.) nd had you yourself been the one to close these doors at this point to document this?

37 It was me. nd did you close those doors after you had fully photographed the interior of the car? Yes, I did. In fact, are these photos representative of the sequential photographs that you took that night at the scene? Yes, they are. Okay. State's exhibit, can you show the 0 jurors any bullet strike on that photograph, please? Yes, I can. There's -- actually on this photograph I can see two bullet strikes. Oh, can you circle? There's one bullet strike -- Yes, sir. -- at the bottom taillight. Yes, sir. nd then there's going to be another bullet strike going through the rear window. Yes, sir. nd for the record purposes are we still on the passenger side of this vehicle? panel? Yes, we are. Is it fair to call this the rear quarter

38 Thank you. State's exhibit, is that a close-up of that top bullet strike to the rear quarter panel window? jurors? Yes, it is. nd can you just circle that again for the (Marks photograph.) State's exhibit, show the jurors the 0 bullet strikes on this photograph and describe that portion of the vehicle. From -- from this viewpoint of the rear of the vehicle I can see two bullet strikes. One of them is going to be into the hatchback which is right here and then the other one which was on the previous photo is near the tail lens which was right here. nd is the second one you circled depicted in the previous photograph? Yes, it was. Okay. nd is that the end of the bullet strikes that you found on this red Dodge Durango? For a total of how many bullets? There were nine. Now at that point could you be concerned with what happened to the other four shell casings?

39 Okay. nd did you note -- make a note that you had collected five and there were four more that needed to be accounted for? Correct. Yes, sir. ll right. Let me go on to state's exhibit 0 and ask you if that's a close-up and then can you again circle those same two bullet strikes? 0 This is the one on the hatchback and this is the one near the tail lens. Yes, sir. nd by hatchback is that the rear door that opens up as opposed to out? Correct. It opens upwards. State's exhibit, sir, let me ask you are those two items pertinent to this case? items? Yes and no. Okay. Why did you photograph those two These were the items that I was informed were -- there was a lady who was attempting to purchase them inside the store. Okay. nd did you also put those items over into the property room? Yes, I did.

40 nd they're still there to this day? Okay. Let me then, sir, ask you did you finish at the crime scene? Yes, I did. pproximately then. Was there a need for you to fingerprint that vehicle? 0 No, there was not. nd why is that? Well, what was relayed on to me that there nobody who may have touched that vehicle that I needed to recover fingerprints from. Had you gotten word from the homicide detectives that the shooter had actually touched the car would you then have fingerprinted that vehicle? Yes, I would have. ll right. Now let me take you on, sir, to more photographs and explain to the jurors how that car was transported from the Gate Gas Station. Our agency uses a top of the list wrecker system and a wrecker came. flatbed wrecker picked it up and towed it to crime scene warehouse. nd, sir, when multiple gunshots from that velocity and that type of gun are fired into a vehicle, is it possible for fragments to slightly move in

41 transit? Yes, it is. Okay. Now did you eventually accompany that car to the warehouse? 0 secure? Yes, I did. nd can you tell the jurors is that warehouse Yes, it is. nd who has the keys to that warehouse? The crime scene unit maintains keys for it. Does even the homicide unit have access to it without being accompanied by someone in your unit? No, they do not. nd do you make sure that you're there when the wrecker driver delivers the car into the warehouse? Yes, I am. nd then how does the car get transported after it's loaded off of the wrecker to its ultimate storage place inside the warehouse? The wrecker unloads the vehicle. He can back it into the warehouse and then he unloads the vehicle into the warehouse and then we have ways to move it around while it's inside the warehouse. How do you move it around? Well, what we use as the crime scene unit is

42 we have these little GoJak's. They're little dollies that go on the tire and once we put them on the tire we can jack it up and I can push the vehicle around as it's on these dollies. nd again at this point you have no concern about touching the outside of that car because fingerprints were not an issue in this case, is that correct? 0 Correct. Okay. Then state's exhibit, is that taken at the warehouse? Durango? Yes, it is. nd does that again show the back of the State's? It's a photograph of the passenger side of the vehicle in the warehouse. nd is that lighting at the warehouse significantly better than the lighting at the Gate Gas Station? Yes, it is. nd are those pink things in there the GoJak? Yes, they are. State's exhibit in evidence?

43 This is a photograph showing the passenger side doors that are open. Tell the jurors why you rephotographed at the warehouse some of the same things you had already photographed at the scene. I'm going to take overalls of the entire 0 vehicle again and this photograph is just going to depict what I'm viewing, how it got transported down there and if anything has moved or shifted during transport. Okay. nd then, sir, let me take you to state's exhibit Sir, does that depict a photo that Officer Whittlesey actually took? Yes, it does. nd did you familiarize yourself with it later and know it to be a portion of a fragment that was found a couple of days later? Now tell the jurors -- I don't think I mentioned this. What time did you take your photos at the warehouse? night. I started taking pictures about :0 that Uh-huh. So you worked through the night, is that correct?

44 Yes, I did. Okay. State's exhibit, what is that a close-up of? This is a close-up of the driver's side door. Okay. nd again you check again to see if there were any weapons in there? Okay. Were there? No, there were not. 0 Thank you. State's exhibit? This is a photograph of the dashboard. nd sort of a middle console area? Right. It also shows the console with the cups and a cell phone. Okay. nd that -- the green and just some papers, I think, in there? Correct. Okay. State's exhibit 0, can you tell the jurors about that photo? This is a photograph of the passenger -- front passenger door that's open. Okay. To your knowledge had the window moved any in transit or was it still -- the broken part of the window, had it dropped any more or was it still -- This photograph shows how it broke and folded

45 over a little bit more and it did drop down a little bit more during transport. ll right, sir. State's exhibit, sir, tell the jurors was this the first time you had opened the hatchback and taken a full photo of the storage area of the Durango? Yes, it was. Okay. Did you look closely and with great 0 care throughout the entire back storage area of this red Dodge Durango? Well, while processing it I'm looking for any type of evidence I could find. This is my first photograph showing it, but I searched everywhere in the back of that vehicle that there may be any type of possible evidence. Okay. Would that include firearms? Would it include a shotgun? From your experience as a police officer and an evidence technician how big is a shotgun? Even if it's sawed off how big -- how big does it start sawed off? The smallest shotgun that I've run across has been inches.

46 Okay. nd then a shotgun can be as long as three feet. 0 Okay. ny handguns found in this area? No, there were not. Metal pipes? No. ny other kind of weapon at all, sir? I did not see any type of weapon. Okay. Let me take you then to state's exhibit and ask you to tell the jurors what that piece of paper -- that's actually tape, isn't it? It sticks to the car? scales. What we call these, we call these sticker Uh-huh. nd what I did with these things is I placed them next to items of evidence. On this particular thing I'm placing them next to the bullet strikes. Okay. Have you in your experience photographed and documented bullet strikes from a number or a variety of types of ammunition? Yes, I have. Small caliber?

47 Medium caliber? Large caliber? How would you categorize this type of a bullet strike as far as the caliber of the bullet that caused it? 0 caliber. This would be in between a medium to large Okay. nd is it consistent with a nine-millimeter being fired into this car? Yes, it is. Okay. nd so you wrote a number on this measure, did you not? Yes, I did. nd what number did you number this? Number one. nd tell the jurors again why you started with this one as number one. I was going to document all the bullet strikes with just -- beginning in chronological order and I started at the rear of the vehicle and then each bullet strike moving upward, forward to the vehicle got the next number. ll right, sir. So is it fair to say to this

48 jury that every single bullet strike started at this corner or didn't start -- we don't know where they started yet, but was contained from this corner to the front door all on the passenger side, is that fair to say? nd then state's exhibit, is that a close-up of that bullet strike? 0 Yes, it is. nd on that measure how wide does that bullet strike appear to be? nd explain the measuring device. Is it in centimeters, millimeters, inches? This sticker scale has two different types of measurements. The bottom one is in inches and the top is metric. Okay. State's exhibit -- before I go there, did you then open the door to document any exit from this particular bullet strike? Yes, I did. Can bullets enter, exit and reenter either a human body or an inanimate object? Okay. nd do you find that in your experience to be true? Yes, I do.

49 Okay. Let me show you state's exhibit which is a little bit of a strange angle, so I want you to show the jurors what you did and how you took this photograph and what the inset of this composite photograph is. This is a photograph of the hatchback lid 0 that I opened and this is the back side of bullet strike number one, and the way I took this photograph is the hatchback is already lifted up and I was underneath it taking a photo up and the background you can see that's the roof within our warehouse. So is it fair to call this the exit of the gunshot that you called number one? Yes, it is. Was there a reentry point for that bullet? Yes, there was. Okay. Let me show you state's exhibit, sir, and ask you to circle the reentry for that particular bullet. It's going to be right here through the weather stripping. Were you able or did you try to recover a projectile or any fragments from within that car? Yes, I did. Okay. Let me take you then, sir, to state's

50 0 exhibit. Is that a close-up and what have you removed in this photograph of the reentry point? What I did is I removed the weather stripping, and by me removing the weather stripping you can see where the continuation of the projectile went through the metal on the vehicle. So, sir, did that one bullet go through 0 outside metal of the tailgate at the bottom through the inside of that tailgate back into metal and cause that size hole? Yes, it did. State's, same process to explain the measure, the number you assigned it and the entry point? I placed the sticker scale on this bullet strike and I numbered it number two and it's on the rear tail end. nd as far as a height differential between gunshot strike number one and gunshot strike number two, were they in the same vicinity as far as height? Yes, they were. Okay. Was there a slight difference? Okay. nd that can be seen in the photos you've previously shown the jury?

51 Okay. nd that measuring tool is the same type in inches and measure, is that correct? Correct. Okay. Now did you try to probe that to recover anything? 0 Yes, I did. Okay. Did you recover something from there? No, I did not. Okay. State's exhibit, can you circle the strike itself, the entry? (Marks photograph.) ll right, sir. nd did part of the tail glass shatter -- taillight shatter? Yes, it did. Okay. Now was this just an entry without an exit and a reentry? I couldn't find where the -- it went through where the rear quarter panel is. I couldn't locate it. So the rear quarter panel to your knowledge could be hollow or have multiple compartments, is that correct? nd would you have to completely disassemble the car to try to find that?

52 Thank you. State's exhibit? This is focusing on the rear window and the broken glass. Okay. nd again we'll refer to it as the rear quarter panel. Circle the actual -- I know there's broken glass, but was there a way for you in your experience to tell where the bullet actually entered? 0 t the scene the hole where the bullet went through was much smaller so during transport part of the glass fell apart more but, yes, you can tell where the bullet strike was because there's going to be a circular hole where the projectile entered through the glass. Okay. nd, sir, did you find a place where that bullet path ended? Yes, I did. Okay. Let's go on then to the close-up of that, and can you show the jurors that little hole you were describing to try to locate the exact entry? This is, of course, a close-up photograph of the broken glass and where the hole -- where the bullet went through would have been right here in this area where you can start seeing where the glass started to

53 spider or started to break apart. Thank you, sir. nd in order to try to track the entry and the ending point of this bullet, did you use a dowel? Yes, I did. ll right. Let me show you state's exhibit in evidence and tell the jurors about the dowel system and how you used it and the vantage point of this photograph. 0 Well, these particular dowel rods you can connect together to make them as long as you need, and what I did is I placed a dowel rod knowing where the entry point was and the broken glass and I continue it forward to where the second impact of the projectile struck. In your experience as both a law enforcement officer who has fired weapons and an evidence technician who has had training in ballistics, do bullets tend to travel in a straight path until they hit something? Yes, they do. Okay. nd from what angle are you taking this photograph? I'm basically in the front seat of it with my camera and trying to get a photograph showing the angle

54 of it coming through the back window. ll right, sir. So the point of entry is at the back of this photograph or sort of the middle of this photograph? Well, the point of entry is going to be that rear quarter panel window. nd circle that in this photo. It's going to be back over in this area. nd even with excellent digital photography 0 were you able to get the whole thing in this photo? No, I was not. ll right. Let's take you to state's exhibit then and explain is this the continuation of that same dowel? Yes, it is. nd from what angle are you taking this photograph? I'm just outside of the driver's door. Okay. nd where does that dowel end? Well, there's damage to the top of the visor where the projectile hit. glass. Yes, sir. nd the projectile kept on going and hit the nd then what happened to the projectile

55 itself? Did you find that projectile? Well, I found fragments of the projectile. ll right, sir. Then let me ask you to look at state's exhibit. Is that the damage that that number three bullet strike did to this vehicle? Yes, it is. nd is that the visor right next to the driver's head? 0 Yes, it is. State's exhibit, can you orient the jurors to this photograph, please? This is part of the dashboard that's from the vantage point of where the driver would be sitting. nd state's exhibit? This is a close-up photograph, and I'm trying to focus on two pieces of fragment that are on the dashboard. Can you circle those two pieces of fragment? This is one. This was two. Okay. nd so you continued to just -- let me strike that and start over. Did you document photographically from further shots down to close-up shots to try to track this bullet from the back rear quarter panel up to the front driver's windshield area? Yes, I did.

56 nd this is on the inside of the windshield? Yes, it is. So that bullet stayed inside that car? Yes, it did. State's exhibit, from what angle is this photograph? This is outside of the vehicle, and I'm 0 taking a photograph -- trying to take a photograph of where the fragments landed through the front windshield. Okay. But they were -- they were inside the front windshield, is that correct? Yes, they were. Can you circle them as you viewed them from the outside? I can clearly see this one right here and then the other one is going to be further up where you can't see it where the glass has got like -- it's got black tint. ll right, sir. Did you put those projectiles -- state's, is that a close-up of one of them? Yeah. This is a close-up photograph of one of the fragments. nd are you looking through the outside of

57 the windshield? Yes, I am. Is that pretty much as far in the corner of the windshield as you can get? Yes, it is. Is it fair to say that that bullet traversed the car at a complete angle from the back rear quarter panel to the front windshield? 0 Yes, it did. Okay. nd then state's, sir, are those the two fragments you recovered from the dashboard? Yes, they are. nd did you package those for evidence? Yes, I did. ll right. Let me show you -- MS. COREY: Mr. Strolla. MR. STROLL: Your Honor, permission? THE COURT: MS. COREY: State's for the record, Your Honor. BY MS. COREY: nd, Detective Kipple, if you'll look at state's. re those the two fragments that you recovered that are shown in state's? Yes, they are.

58 Okay. nd did you preserve those for any possible future testing by FDLE? Yes, I did. MS. COREY: May I publish, Your Honor? THE COURT: Yes, ma'am. BY MS. COREY: Let me go on then, sir. Do you recover these items as soon as you're through with the close-up photographs? 0 Yes, I do. nd do you place them -- go ahead and place them in envelopes and mark them as you go along? Yes, I do. So as you recovered any projectiles from inside that car you would immediately put them into these envelopes and then move on? Correct. Okay. Let me take you then to some more photographs and some more evidence and let's look at state's exhibit 0 --, and again is that a close-up now with measures of the three bullet strikes to the rear passenger door, the seat where Jordan Davis was sitting? Right. This is just a medium range photograph of the passenger doors.

59 Okay. nd those measures you placed underneath each one, is that correct? sizes? Yes, I did. nd again do those appear to be different Yes, they do. nd explain to the jury how three bullets fired from the same gun could appear to be different sizes. 0 On this particular one you can see there's three different sizes. When a bullet strikes -- the projectile itself there's basically two different parts of it. You got a copper jacket part of it and then inside of the copper jacket there's a lead. When a bullet strikes sometimes the copper jacket will mushroom when it hits an object. Sometimes it goes straight through. Sometimes if it hits it and it mushrooms it's going to leave a bigger hole going through a tin metal object like that. ll right, sir. nd it shows one of the strikes to the front passenger side, is that correct? Yes, it does. Okay. State's 0 in evidence, tell the jurors about that photograph. This photograph detects bullet strikes number