REGARDING THE MATTER OF THE INVESTIGATION
OF THE DEATH OF JEANETTE ANAYA

GRAND JURY
January I4, 2014
DISTRICT ATTORNEY: Good morning.
GRAND JUROR: Good morning.

DISTRICT ATTORNEY: My name is Angela Pacheco and I?m the District
Attorney for the First Judicial District. Also present in the Grand Jur. . .Grand Jury room is I
Alejandra, our tape monitor, and twelve, thirteen, fourteen. . .sixteen members of the Grand
Jury. Today?s date is January 2014, and the time is 8:45 am.

This morning I will be presenting to you a case to determine the issue ofjustifiable
homicide by a public officer. The Grand Jury ?le number is 2014-3061.

The witnesses in this case will be Sergeant Lorenzo Aguirre with the New Mexico
State Police, Of?cer James Parks of the New Mexico State Police, Lieutenant Shane Arthur
with the New Mexico State Police, Sergeant Scott McPall with the New Mexico State Police,
Of?cer Wilson sorry, Of?cer Oliver Wilson with the New Mexico State Police,

Mr. Jeremy Mu?oz, Officer Imelda Sanchez with the New Mexico State Police, Lieutenant

Andrea Dobyns with the Santa Fe Police Department, Agent Eric Armijo with the New Mexico

State Police, Sergeant Paul Chavez with the New Mexico State Police, Sergeant Lauren
Milligan With New Mexico State Police, and Sergeant Clay Gorritt with New Mexico State

Police. Do any of you know any of these people? Yes, ma? am.

GRAND UROR: Of?cer Parks.

DISTRICT ATTORNEY: You know 4?

GRAND JUROR: I do.

DISTRICT ATTORNEY: The fact that Of?cer Parks will be testifying, can you be

fair and impartial considering his testimony?

GRAND JUROR: Yes, I can.

Regarding the Matter'ofthe Investigation of the Death ofleanetle Anaya
Grand Jury
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DISTRICT ATTORNEY: Thank-you. The statute for your consideration is
Justifiable Homicide by a Public Officer. it?s 30?2-6, and it?s on page 21 at the bottom of your
Statutes. And 1 will read it to you. I

?Homicide is justi?able when committed by a public officer or public employee or
those acting by their command and in their aid and assistance.? And we? re specifically 
concerned with paragraph 2 which is, ?When necessarily committed in overcoming actual
resistance to the execution of some legal process or to the discharge of any other legal duty,
paragraph B, for the purposes of this section, homicide is necessarily committed when a public
officer or public employee has probable cause to believe he or another is threatened with
serious harm or deadly force while performing those lawful duties described in this section.
Whenever feasible, a public officer or employee should give warning prior to using deadly
force.?

At the conclusion of all the evidence 1 will give you instructions on the issue of
justifiable homicide by a public officer and other instructions on the law before you deliberate.
i will call witnesses one at a time to be sworn before you and to testify. I will ask questions of
each witness. When i have finished asking questions of the witness, you may ask questions of
the witness. determine the question is not legally proper for any reason, i will either ask the
witness not to answer it or rephrase the question so that it is legally proper.

The first witness to be called in this case will be Sergeant Lorenzo Aguirre with New
Mexico State Police.

FOREPERSON: You do swear or affirm that the testimony which you are about
to give will be the truth under the penalty of law.

SERGEANT AGUIRRE: Yes, sir.

FOREPERSON:

Okay. Good morning now.

GRAND JURORS: Good morning.

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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TESTIMONY OF SERGEANT LORENZO AGUIRRE

BY THE ATTORNEY:

Good morning, sir, would you state your name?

Yes, Lorenzo Aguirre.

And what is your rank, sir?

I am a sergeant with the New Mexico State Police.
Have you recently been promoted, sir?

have. Last 

And what is your current assignment?

l?m actually assigned to the uniform bureau up in RosWell, NewMexico.
How does your wife feel about that? [Laughs]

She?s not too happy but, that?s another issue. [Laughs]
Well, congratulations on your promotion, Sergeant.
Thank you, ma?am.

Sergeant Aguirre, were you asked to be the case manager on an incident involving a

Jeanette Anaya and Of?cer Oliver WilsonThat is correct.

First of all, what was the date of the incident?

That was back on November 2013.

And where did that occur?

In Santa Fe County.

And just to be a little bit more speci?c, do you recall the location of the incident?

i believe the, the incident happened or started over on Saint Francis and. . .Saint Francis

Road and then it ended up in Camino del Rey.

Okay. And as case agent, what is your responsibility?

As a case agent I?m just, um, l?rn assigned by my sergeant to gather the facts and give

assignments to other agents to assist in gathering the facts of what happened during the

incident.

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Q. So you basically manage the case.

A. That?s correct.

Q. So there are other agents who were given specific tasks involved with this
investigation.

A. That is correct, rna= am.

Q. So, ladies and gentlemen of the Grand Jury. Agent Aguirre. since he?s the case

manager, l?m going to ask him just some limited questions right now to introduce some
evidence and then l?m going to excuse him, but he?ll be in and out throughout the day as the
case manager because 1 need him to be able to identify and introduce certain evidence. And
then he will be towards the end of the case and then he can. . .you canask him whatever
questions you really need, if that?s okay with all of you.

So, you know, you, you said that the incident evolved on Saint Francis Drive.

A. That is correct. That?s where it started. ma? am.

Q. And could you just say a little bit about how the incident started?

A. So what happened is one of our patrol guys, Officer Oliver Wilson, attempted to initiate
a traffic stop there on Alta Vista and Saint Francis. The vehicle that he was attempting to stop
decided not to stop. . .the driver of the vehicle decided not to stop, so a vehicle pursuit ensued
and that moment that?s when Of?cer Wilson generated a pursuit and the vehicle

actually. . .Of?cer Wilson actually ended up PIT maneuvering the vehicle, and there?ll be
another officer here to explain to you guys what the PIT maneuver is, but the vehicle was PIT
maneuvered and after the vehicle was maneuvered, shots were tired and, and there was a
female that was struck and later deceased;

Q. So the driver of the vehicle was identified as Jeanette Anaya, is that correct?

A That is correct, the driver was identified as Jeanette Anaya.

Q. And was there a passenger with her?

A There was, there was a male front passenger. He was identified as Jeremy Munoz.

And did anything happen to Mr. Munoz?

A. No, there was no apparent physical injuries of Mr. Munoz.

Regarding the Matter urine investigation of the Death of Jeanette Anaya
Grand Jury
Page 4

i

seaman

l?ve marked as identi?cation, Grand Jury Exhibit No. 3. Can

Q.

you identify who that is?

i?d like to show you what

This over here shows Mrs. Jeanette Anaya?s face, ma?am, with 
So that?s for identification purposes, correct?

That is correct.

Okay. And what do you mean by face mask?

Her frontal portion of, of a person.

And is that conducted at the autopsy?

ma?am.

A.

A
Q.
A

A That is conducted at the autopsy,


Okay. As part of your duties, did you go out and determine the path of the pursuit

with. . .that Of?cer Wilson and Ms. Anaya were involved in?

A. That is correct. That is part of our investigation protocol to 
Q. So you 
A. make sure that all the, all the facts are, are presented and at this, at this point that?s

when a couple of agents and myself went over to the area where the pursuit ensued and

followed the path of the pursuit and documented on a map as well.

Q. And do you have that map with you?

A. i do.

Q. Could we post it on the wall for the Grand Jurors to see 

A. Yes, ma?am. [Inaudible 00:10:14].

Q. And we will mark that as Grand Jury Exhibit No. 4. See, i?m not sure where is the most

ideal place to staple that.

A. You could put-it back here 

Q. Do you mind, and then I apologize for the inconvenience. it will be behind your back,
but. . ..

A. [inaudible 00:10:42].

Q. If you could put it up higher [inaudible 00:10:50].

A. [inaudible 00:10:52].

Regarding the Matter of the investigation of the Death of Jeanette Anaya
Grand Jury

Page 5

Q. [inaudible 00:10:58]. [Laughs] Sometimes [inaudible 00:11:03].
A. it?s up to you. is that okay?
Q.

Yeah, that?s good. Just come a little bit. The. . .that?s good.

     
  
  
 
  
  
  
  
  
  
 
 
 
 
  
 
  

[Laughter]
A. Is it okay, the picture?
[Laughter]
A little to the left.
[lnaudible conversations among Grand Jurors]
DISTRICT ATTORN BY: The most difficult part of this investigation is dealing
with the massness of it.
[Laughter]

Q. Andi am marking this as State?s Exhibit No. 4. Okay. So, Officer. . .Sergeant Aguirre.

  
 

13 A. Yes, ma?am.
14 Q. So could you please kind of take us on the pursuit?
15 A. Yes, ma? am. So, l'm not too sure. . .l?m sure you?re all familiar with the Santa Fe area.

So this little arrow here, this is the officer?s path, and the green arrow is actually the, the
suspect?s path. So the of?cer is traveling south on Saint Francis, approaching the Alta Vista
intersection, and the suspect, Mrs-Jeanette Anaya?s traveling 1 believe it?s east on Alta Vista
towards the Saint Francis intersection. At this point this is what the vehicle. . .where the officer
and the suspect make contact first hand, and this is where the officer actually gets behind the
suspect, Mrs. Jeanette Anaya, and attempts to, to, attempts to do a traf?c stop on her. Mrs.
Anaya does not stOp the vehicle and takes the officer in a pursuit down Saint Francis, makes a
left. . .oh, actually a right, on Circle Anaya and another right on Calle Anaya, again on Anaya,
24 it?s a loop, and she decides to come back all the way around into. . .onto Saint Francis, at which
point Of?cer, Of?cer Wilson decides to turn on the sirens. He figures that the, that the
[inaudible 00:14:26] Jeanette Anaya doesn?t. . .isn?t able to see the lights on his unit, so he
decides to turn the sirens on his unit to make sure that maybe she [inaudible 00:14:34] the
portion of the, of the pursuit.

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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00 x1 {3?5 U1

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At that point, she doesn?t. she doesn?t stop so she just taking Mr. . ..Of?cer Wilson
[inaudible 00:14:43] pursuit, high rate of speed, makes a right at Saint Francis, makes a quick
left on south Pacheco and then a right on Siringo Road, at which point she takes him all the
way down Siringo Road and this is just an extension of this, just because we were, we were
trying to get everything on one sheet of paper. 80 what happens is she takes Officer Wilson
down Siringo Road and onto Rancho Siringo Road where they, where they make a left. And
the [inaudible 00:15:13] I mean just means that it?s a continuation from as well. It?s just so you
all know. So this is the continuation from here. So, so Of?cer Wilson and Ms. Anaya takes
[inaudible 00:15:24] takes Officer Wilson on a pursuit down Rancho Siringo Road and onto
Calle Anna Jean, at which point it becomes. . .they make a right on Cedro Circle and then a left,
like it?s, it's a circle back to town, just follows the road all the way to Camino, um, Camino
Carlos Rey, Carlos Rey, at which point this is where the vehicle gets PIT once Ms. Anaya?s
attempted to make a left turn. Officer Wilson decides that the vehicle had slowed down where
he could [inaudible 00:15:56] a PIT maneuver, and that?s what he does here, this area, and
that?s where the, the pursuit ends.

Q. When they were. . .at different times throughout the pursuit, Officer, were the speeds

being recorded on the officer?s 

A. There is 
Q. program video?
A. There is. . .every State Police officer marked unit has what we call a Coban video. The

video itself, once you engage the, the red lights or sirens on our units, the video turns on by
itself, so all this is recorded, the speed as well gets recorded on that Coban video.
Q. And what were the speeds on Siringo Road speci?cally?
A. You know, the speeds vary [inaudible 00:16:34]. When the pursuit first started, they? re
about 25 or 35 miles per hour. Once she got onto a straightaway, Jeanette Anaya, the Speeds
reach up to 87 to 90 miles per hour that you can see on a, on a. . .in the area.

DENNIS, GRAND JUROR: I have a question.
DISTRICT ATTORNEY: Yes.

Regarding the Matter cfthe investigation of the Death of Jeanette Anaya
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Page 7

bulbDENNIS, GRAND JUROR:
Q. Dennis. What was the reason for the initial stOp, and where do the arrows meet?
A. At the Sandia --
Q. Yeah, what was the reason. . .what did she do?
A. Well, Of?cer Wilson?s explanation, and he?ll come in here and explain himself on that
portion. I-Ie?ll tell you what, what the traffic stop was for and all that. So I?ll let him explain
that.

DISTRICT ATTORNEY: Okay.
BY SHARON, GRAND JUROR:
Q. I?m Sharon. What. . .did he call for back up at some point?
A. He did. Yeah, he radioed diSpatch and noti?ed dispatch that he was in a pursuit, and at
that point dispatch. . .We had another of?cer on duty and that other of?cer attempted to 
[inaudible 00:17:32] people assist Officer Wilson. She was just out of the area, she was
[inaudible 00:17:37] the area, so she as well will be here to speak to you all on what she had
done on what, what area she was at when she was called to assist Officer Wilson [inaudible
00:17:47].
BY KAREN, GRAND JUROR:
Q. [Inaudible 00:17:49] Karen, what time of day was that?
A. It happened early morning at 1:31 am. on the 7th of February.

BY BILL, GRAND JUROR:
Q. Bill. Was the officer by himself?

A. Yes, he was.
DISTRICT ATTORNEY: Okay, Sergeant, if you would take your seat, please.
WITNESS: Sure.

BY THE DISTRICT ATTORNEY:

Q. You mentioned earlier that every State Police of?cer has a Coban video system in their

unit. I?d like to show you what?s been marked as State?s Exhibit No. 1.C. Does that look
familiar to you, sir?

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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Page 8

I A. Yeah, this is my, my writing on this CD documenting the, the Coban video that was

2 taken from Of?cer Wilson?s unit of the pursuit.

DISTRICT ATTORNEY: Thank you. Ladies, gentlemen, at, at this time I?m going
to ask Sergeant Aguirre to be excused because i have to bring the other witnesses, but he?introduce other matters involving this incident. Is that okay with you?

6 FOREPERSON: Yes, that?s going to be fine.

7 DISTRICT ATTORNEY: Okay. Thank you, Sergeant?

8 WITNESS: Thank you.

9 [knock]

I DISTRICT ATTORNEY: Okay, thanks. We were locked out.

I I [Laughter]

I2 It looks automatically.
13 DISTRICT ATTORNEY: Right here.
I4 JAMES PARKS: You want me there?
15 DISTRICT ATTORNEY: Yeah.
16 FOREPERSON: You do swear or af?rm that the testimony which you are about
17 to give wili be the truth under the penalty of law.
18 JAMES PARKS: Yes, sir.
I9 FOREPERSON: Thank youRegarding the Matter of the investigation ofthe Death ofjeanette Anaya
Grand Jury
Page9

 

 

 

 

 

 

 

 

 

 

1? - TESTIMONY OF JAMES PARKS

2 BY THE DISTRICT AWORNEY:

3 Q. Good morning, sir.

4 A Good morning.

5 Would you please state your name, sir?

6 A James Parks.

7 And, sir, what do you do for a living?

8 A l?m an of?cer with the New Mexico State Police.

9 Q. How long have you been with State Police, sir?

10 A Approximately eleven years, a little over eleven years.

11 And what is your current assignments?

12 A Right now l?m in Special Operations in the Aviation Section, so Ifly for a living.
13 What does that mean?

14 A. Basically, it?s Special Operations. l?m a tactical flight of?cer so when the helicopter

 

 

 

 

 

 

  
  
  
  
  
  
  
  

launches Pm handling the law enforcement side of it [as well as? 00:20:38] a pilot. There? 
also an of?cer, but. . .or of?cers, but 1 was going to fly the helicOpter to keep us safe, I?d take

care of all communications as well as running ground units, so on, so forth.

18 Q. Do you enjoy doing that?
19 A. 1 love it. Don?t get to put on a uniform very often but it?s one of those things.
20 Q. Did we make you put on the uniform today?

A. Somebody made me [inaudible 00:20:55], it was her.
[Laughter]
23 Q. Yes.

  

A. So as you could see, just to let you guys know. after ten minutes I?ll slow down a little
bit when I?m talking. 1f I miss anything, stop me. Say, Of?cer Parks, shut up for a minute.
Let?s get this straight. Because 1, 1 tend to talk really fast, speak really, really quick, so I want
to make sure you guys understand wherer going here. Go. There is a lot you guys need to . 
Q. Now, you understand why it? 5 hard to get mad at this of?cer.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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Page 10

LL[Laughter]
Q. So, Officer Parks, prior to being assigned to Special Operations and Aviation, were you

ever assigned to the Law Enforcement Academy?

A. Yes, ma?am.
Q. And at the Law Enforcement Academy, what would you do there?
A. At the Law Enforcement Academy 1 spent three years there. 1 was one of the lead

instructors at the Academy. was certified in a couple different areas, one of them being use of
force, the second one being driving, and the third being defensive tactics. To get certified in
those classes you have to go through advance training. It?s not, it?s not a. . .those are obviously
very important subjects to be instructing in so they put you through a little bit more instructing,

a little bit more curriculum, so. Is this mine? Are you sure? Okay, thanks.

Q. So, Of?cer, since I made you put on your uniform, would you please stand up.
[Laughter]

Q. So, is that a New Mexico State Police uniform?

A. Last time i checked, yes, ma? am, this is a full uniform.

Q. And what do you call how. . .where you wear your gun? What?s that belt called?

A. This is basically called our Sam Brown. This is the belt that we have all of

our equipment on. Or tools. Either way, some people consider- it equipment, other people
consider it tools. Put on the belt. An officer when they go to work. . .every officer in the, in the
State, pretty much the country, are going to have obviously their sidearm, their handgun. Some
of the equipment on this belt is Optional in the I?ll go through that. This is the
transmitter for the video camera system or audio. Mine?s a little different because obviously
what i do, my equipment?s like seven years old, so they don?t think] need a police car. These
are the magazines for your weapon. This is a flashlight. This is the taser. And myself, 1 have
two sets of handcuffs, carry two sets of handcuffs at all times. The mace, or OC spray, and an
asp is what, carry. The optional portion of it is the taser and the mace. On the ROM, which
we?ll get into here in a little while, it?s up to the officer if you want to carry a taser or mace,
and that?s an officer discretion thing.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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U.)



 

U1


0040

asp most people would say the baton is that standard? Everybody 

Yes, ma?am.



A

Q. has to have that.

A That? 5 required.

Okay. And then do of?cers ever carry a knife?
A Obviously, yes. Officers who carry knives, I carry my knife for opening mail -- it?s a
tool is all it is opening mail, cutting seatbelts at crash scenes if we have somebody that?s
stuck in a vehicle, something like that, to cut seatbelts. i?ve actually been in a situation where 1
had a prisoner in the back of my car that tried to choke himself, so I had to cut, out the seatbelt.
That?s what We use knives for. We don?t use knives for defensive tactics and situations, so. . .. .
Q. Also, it?s obvious you?re not carrying your, your gun right now, but what kind of
weapon is standard fox-New Mexico State Police?

A. A standard issued weapon is a Smith Wesson 9 millimeter And then also we
have a backup weapon that?s usually on our, on our ankle, and that?s going to be a Smith 
Wesson 38. Those are the issued weapons. Officers now within the State Police are allowed to
carry their own Weapons, as long as they qualify with them and go through the same course of

curriculum as we do with our issued weapons from the State Police.

Q. And when you carry extra bullets, what do you put the extra bullets in?

A. These are considered magazines.

Q. And how many bullets does each magazine carry?

A. Sixteen, if l?m not mistaken. We just went to the 9 mil so everything. . .our

terminologies have all changed.

Q. Sixteen or seventeen?
Seventeen [inaudible 00:25:17].
Seventeen.

You got me all nervous.



So, and normally, if you were wearing your gun 
A. Yes, ma? am.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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Page 12

what is the standard practice? if your magazine has seventeen, how do you maximize
your, your weapon?

A. So in the weapon itself, within the chamber you?re going to have one, one round in the
chamber and you?ll have seventeen in the magazine. So in the weapon itself you?re going to
have eighteen rounds ready to go.

Q. And that?s typically what most of?cers will do.

A. 1 would hope that every officer does that because when you start getting in use-of?force
situations, if you get yourself into a deadly?force situation, you don?t want to be standing there
loading your weapon and so on and so forth. You usually don?t have that time.

Q. Thank you, Of?cer, thank you for modeling the uniform.

A. Oh, can 1 sit down now?
Q. Yes, you may sit down.
[Laughter]

A. Thank you.

Q. You know, you know, the whole issue of, of use of force, and you?re an instructor on
that.
A. Yes, ma?am.

DISTRICT ATTORNEY: And I?d like to show you what?s been marked as State?s

ExhibitNo. 2. didn?t know about this one thing. If you can, so that we can [inaudible
00:26:41]. Let?s see if we can hold this somehow. [Inaudible 00:26:58] on the top.
JAMES PARKS: I?ll just [inaudible 00:27:00]. Let?s see ifthis. . .we?ll just do this
much.
DISTRICT ATTORNEY: Hold it. This shouldn?t fall as long as it.

JAMES PARKS: You know, somehow lwas going to have to do this [inaudible

00:27:16].
DISTRICT ATTORNEY: Well, you need to work for this. You get to ?y all day
and [inaudible 00:27:20].
JAMES PARKS: I know, it?s a rough life. Say you get called out at 4:30 in the

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page 13



UJ

.52morning.
DISTRICT ATTORNEY: Oh.
JAMES PARKS: I see a chair.
DISTRICT ATTORNEY: Actually, it got cold.
JAMES PARKS: Can everybody see that?
DISTRICT ATTORNEY: If you pick up the flowchart, can you 
We can try. Are you going to need this?
DISTRICT ATTORNEY: Yeah, but later.
JAMES PARKS: You?re not going to make it right, are you?
DISTRICT ATTORNEY: Notjust. . .on this one.
JAMES PARKS: There you go.
DISTRICT ATTORNEY: And who said that?
You saved the day. You saved the day.
BY THE DISTRICT ATTORNEY:
Q. So, Officer Parks, looking at, at this. What is this, reactive control model.
A. This is a reactive patrol model of the State Police. This is what we?re trained to. Pretty

much any officer in the State of New Mexico, this is a reactor control model for use of force.
And this would be. . .this is the model, this is how an of?cer. . .every situation we encounter, if
it?s your basic traffic stop which you need traffic stop. You hopefully usually starts out as basic
on up to deadly force situations. The subject we?re dealing with, what they?re doing, what
they?re not doing, so on and so forth. This is what we have to go through as an officer. Are
they going to be in this mode being cooperative? Are you going .are we in
survival mode, so on and so forth? So how do you want me to go through it, ma? am, do you
want me to go step by step 

Q. Step by step.

A. 80 this is the part, if I skip something or if I get to going too fast, tell me to slow down.
I?ve got two cups of Starbucks in me, so I?m going pretty crazy. But, so, subject behaviors, in
this column right here, behavioral cues, and what is the subject doing? Okay, the person you?re

Regarding the Matter ofthe investigation ofthe Death of Jeanette Anaya
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dealing with was it just an encounter on the side of the road as you walk up to somebody, so
on, so forth. Criminal activity cues, this is what we?re doing traffic stOp?
Are we going to serve a high-risk warrant? is it a, are we going to take a report from
somebody, so on, so forth. This is all that goes through our, our, our minds all the time. Officer
mental condition, right here, alert. Control, active or survival? [inaudible 00:29:35]. Officer?s
actions, just our presence. Right now, believe it or not, just me being in full uniform, it?s. . .i?m
showing force to a certain extent. i?m going to get a little bit different reaction than if i walked
in here in a suit and tie, correct? 1 mean, they look a little prettier than me but l?m going to get
a different reaction. Okay. it?s just one of those things. So, cooperative subject, you know, with
behavioral cues from the subject you?re dealing with. They going to submit to. . .or they?re
going to submit to. . .they?re going to be compliant. They?re going to be very responsive to
what you?re talking about. Follow directions. Ma? am, you just go ahead and get back in your
vehicle. They get back in their vehicle or sir, or a twelve?year?old kid or whoever. They?re
very compliant, no issues at all. At that point i?m not going to have to use any force or
anything like that.

Activity clothes. . .or cues, it is an unknOWn threat, though, if you?re going on a basic

 

traffic stop, you don?t know what that person?s going to do, so the of?cer is always going to be
mindset-wise, alert, as we always are, saying, okay, this person could do this, but we?re alert,
yet they?re being very cooperative, very basic situation. Okay?

Authority assessment, custody decision, position and procedures. This is what we?re
going through it all the time, if We? re going to have to arrest, so on, so forth. Non-cooperative
individual. Sorry. . ..resisting custody, not responsive to directions, not listening to you. Sir,
ma? am, you need to get back in your vehicle. They?re posturing up, they?re squaring up to an
officer, so on and so forth. Your basic questions, ask them what?s your name and date of birth.
1 don?t have to tell you that. That or they give you the wrong name and date of birth. Verbal,
like with [inaudible 00:31 :26] verbal resistance or body posture, posturing up, squaring up.
You guys heard that term before? Squaring up to the officer. Pulling, moving, or running away.
That?s pretty self-explanatory. Somebody who takes off, they?re obviously not being very

Regarding the Matter ofthe investigation of the Death oi'Jeanette Anaya
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cooperative or get in a full pursuit. Okay?

Going back through the activity clues, you could be on a traffic stop or you could be
serving a warrant, just there?s so many different avenues with here. We can do control, so at
this point as an of?cer -- don?t want to hit you, ma? am, so, but -- we?re in the control mindset
now. How are we going to control this situation with a non-cooperative subject? We're not
even talking being armed or anything at this point. We?re just talking about an individual that
is running from us, that is posturing up to us. How are we going to do that? Verbal persuasion.
Sir, ma? am, you know what? This is the deal. You need to start cooperating with me or it?s
going to get bad and you?re going to be in handcuffs, you?re going to be taken to jail, so on, so
forth. Start giving them some persuasion, direction. Sir, ma? am, get on the ground. Turn
around. There?s a difference. Everybody understand that? Okay. And going into the control,

now we? re starting to get into the use of force a little a little bit in the way of this is what?s on

  

our RCM FD hand tack techniques in the way of impact takedowns, so on. so forth. I?m losing

my [inaudible 00:32:5l]. Escort positioning, distraction techniques, compliance holds,

15 takedowns, impact takedowns. if this person is running from us, this person is not being

16 compliant, at that point within the RCM we?re trying to control the situation. So we?re going to

17 take them into custody, put handcuffs on them, so on, so forth.

18 i Unarmed assailant, okay. Unarmed and threatening. You? re standing off, if you have
somebody. . .l?m using a traffic stop as an example. Is that alright, ma?am??

?20 Q. Mm?hm.

2i A. Using a traffic stop as an example due to the fact that?s what we? re on most of the time,

22 but, so if you have somebody outside their vehicle, they? re threatening you in the way of

23 posturing up, squaring up, clinched fists, so on, so forth, what we can do. Going into our, into

 

24 our intermediate weapons, which is going to be the asp, taser, mace, pull that out. Draw the
25 baton or other, other intermediate weapon. Okay, show force. Pull it out. Joint force. Pull out
26 the. . .l?rn not going to pull out the taser, but pull out the taser. That?s showing force. What that
27 also does is it puts the officer one step ahead of the situation. So if this person, the subject

28 you?re dealing with, charges, staits closing distance, you?re already one step ahead of the fact

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for, one. your safety, you can go ahead and use force. if it?s doing a strike with, with the asp to
defend yourself, that or tasing him. That, or myself, depending on the officer this is one of
those officer discretion moments you don?t really always have to use your, your intermediate
weapons. You can just use your, your defensive tactics, go hands on. We tell the people that 
was instructing our recruits, if you?re using your intermediate weapons, some point or another
you?re going to have go hands on with this individual. it?s not like you can tase them, deploy
that taser, you?re going to have to go hands on at one point. Me, personally, i feel very
comfortable with my defensive tactics.

Going back to your takedowns, your holds, and stuff, go hands on, get them under. . .in
custody. At that ports. . .at that point, with my experience, you didn?t have to use as much force
at times. Get them in custody, get the cuffs on them, put them in your unit. Most of the time 
you?re done. You don?t have to deal with that individual at that level any longer. Does that
make sense? Told you after ten minutes l?d slow down. Okay?

So unarmed attack, pretty much gone through that. That person?s closing distance on
you. You?re 

Q. I What do you mean by closing distance?

 

A. Closing distance. You always. . .as an officer you always want to have probably three to
five feet between you if you?re dealing with a subject like on a traf?c stop. if you?ve ever
noticed if you?ve been on a traffic stop or you?ve been around an officer, i?ll give you a quick
story here in a minute. We don?t like people in our space, period. That?s why i told you, you
know, stay. We don?t like people in our space. We have to have that space to operate. We have
to react. We need to have a little bit of space. Okay? ifyou?re dealing with a subject like with a
knife, and this is getting into survival over here, dealing with a subject with a knife, you need
to at least have twenty-one feet, twenty-one feet. if that person starts closing distance at
twentyeone feet, and i?m just standing here, they can close that distance within twenty-one feet
in like three seconds or less, and i don?t have enough time to draw a gun. Okay, so that?s why
we need as much distance as possible. Okay?

Q. So how long does it take you, if you?re. . .somebody, you know, comes at you with a

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page i?

knife, and your gun is holstered, what is the actual amount of time?
A. lt?s right. . .it?s a little over a second. A little over a second, and I forgot the exact, 1.2
or 1.3, but it?s a little over a second. "You cannot draw your Weapon and deal with that.
Twenty-one feet that they? re covering, an average officer cannot draw his weapon quick
enough to get a shot off, an accurate shot off on an individual that?s closing that distance of
twenty-one feet, okay. So going back to you?re going on your basic traffic stop, you?re not
going to have Ms. Pacheco, who is approximately twenty-one feet away from me. . .say,

ma? am, can i see your driver?s license? Yeah, it?d be nice but you can?t do it, so you can
imagine at three to five feet, where we?re usually operating, that?s why we?re always in the
ma?am?

alert mode watching for cues. Yes,

BY SHARON, GRAND JUROR:

Q. Sharon. 1 just. . .l don?t know if this applies, but --
A. Ask.
Q. At what. . .okay. At what, at what distance would a person who is not trained,

not a trained officer, be accurate with a pistol?
A. Most. . .and this is getting is not my eXpertise, but most gunfights, quote,
unquote, gunfights happen within five feet of an officer, okay? And an officer only hits like
fifteen or twenty percent of the time within five feet. That? because the dynamic of the
situation. An officer?s drawing dOWn just firing off roundsDoes that make sense? Did 1 answer your question?
You said within five feet they are how much, how much accurate?
A They?re not very 
Q. That just seems~~
A accurate at all 
Okay.
A due to the fact, five. . .five to tenafeet range.

Q. Okay.

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UThey?re not very accurate at all. Just due to the dynamic of the situation 

Q. Okay.

A. Not the officer, necessarily, it?s the dynamics of the situation. People are charging him
or her.

Right.

Everything?s going crazy.

Okay. Thank you.

Make sense?

Yes.

{043.3?43??.0

Okay.
DISTRICT ATTORNEY: And there will be another witness that will be able to
address some of those issues.
A. So, so driving on. High?risk activity. When we get into this red area here, we? re
looking. . .we?re in survival mode. At that point the officer is in survival mode. The officer is
feeling threatened for his life. It?s great bodily injury. The person is armed now. They could be
armed with anything, a rock, a stick, pretty much anything, a golf club, a car, anything that
officer feels is putting his life in danger, that or the general public, the personnel there. It?s not
just the officer, that we?re defending you?all. So if feel that I don?t know all you-guys?s
names Sharon is in harm?s way for some reason at all, and I have to use force, it?s going to
happen. If I feel that somebody is going to hit Sharon with a golf club or a stick or a board or
anything that?s going to cause great bodily injury, that or death, I?m in survival mode at that
risk, high-risk activity. Okay?

The person. . .we?re still here in the, in the active situation, covering. . .trying to get
cover ifwe need to, if we?re being fired upon, getting distance. At this point, like I explained a
minute ago, you want to be as far away from that person as possible. You?re getting distance
away from that person, okay?

Asking for assistance. Santa Fe, which is my dispatch, send the officers. This is what?s
going on. Send me backup. I don?t care ifit?s Santa Fe PD, send me [inaudible 00:39:59].

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1 Okay. Retreat, you?re getting that distance. Retreat and cover is the same thing. You?re at a

2 distance. You?re training distance, ou?re gettin I cover, rou?re ettinU awa I from that erson if


D.)

you can, so you can react early, assess the situation. Okay? And it?s viable actions, using force.



if that person, if they?re coming at you with that weapon, if you can justify or you can

5 articulate that you feel that your life?s at risk, your [inaudible 00:40:27] life?s at risk, or

6 anybody?s life is at risk, great bodily injury, ?ring that weapon to stop the attack. That?s what
7

we?re trying to do here. And the most part with all this, what we?re trying to do is use enough

 

8 force to get the action stopped without going overboard. Does that make sense? And that?s

 

why they had to do in RCN, way back when, so an of?cer has something to go by. Yes,

 
 
  
  
 
  
  
  
  
 
 
  
  

iO ma?am?
BY LYNDA, GRAND JUROR:
l2 Q. Linda. You were saying in the survival area that the of?cer is in a threat for himself or

someone else. So would you consider a Speeding vehicle in pursuit as an as being
in survival mode [inaudible 00:41:13] 

A. Depending on the 

Q. someone else, you know, like hitting another car or whatever?

A. De?nitely. De?nitely. That?s why, that?s why, well, and this is going a little bit out of
the spectrum, but it would be my personal Opinion that?s why pursuits are so, so dangerous.
There?s a lot of things that get into it with pursuits and 1 know the. . .that Ms. Pacheco will
get into it why you?re chasing the vehicle, so on, so forth. So that?s a whole another thing,
but, yes, it can be considered deadly force, can be considered deadly force depending on the
22 actions of that driver.

Q. Of?cer Parks, does an of?cer have to. . .when they have a situation, stop and go, well,
?rst 1 have to go through blue, then i can move to yellow, then i can move to orange, then i can
go to red. Or can they go [sharp clap of her hands] right to red?

A. Your perfect. . .you know what?s your perfect situation, the perfect use-ofaforce
situation? Yeah, it can go from blue to yellow or orange to red. That?s the perfect scenario.
What I deal with in the last eleven years of my life as a State Police of?cer, nothing goes blue,

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yellow, or blue to yellow to orange, red. Very seldom. It?s very seldom when you say. sir. can
you stop this? Please? Okay. Pull out your asp and then. . .no. it doesn?t, it doesn?t work that
way. I can be in alert and immediately, if I?m on a basic traffic stop and Sharon and I are three
to five feet, feet apart talking, and all of a sudden haven?t patted her down, you know,
haven?t looked for weapons or anything like that, but I?m getting ready. You know what,
Sharon has a warrant. Okay. ma?am, if you go ahead and turn around, and she immediately
draws down a weapon or a knife, at that point gone from blue to survival [snaps fingers]
that quick. Okay?

The same thing, though. You know what, Sharon pulls out a knife. Okay,1 draw down.
Ma? am, put down the knife. She puts down the knife, she?s back to being cooperative. Okay?

Puts down the knife. Turn around, Sharon. At that point she would go down to the ground,

 

place her in custody. So all this is based on a reasonable officer dealing with his training or her
13 training and the way they?ve been trained in the Academy. It goes to show you how quick as an
14 officer we have to make decisions and stick within the ROM, basically our bible. Like I was
15 telling Ms. Pacheco last week, this is basically our bible. This is what guides us on a day-to-
16 the day-to-day world. Anything else you want me to touch on?

1? DISTRICT ATTORNEY: Members of the Grand Jury?

 

 

18 JAMES PARKS: I?ve slowed down now, so you?ve got me all day?
19 [Laughter]

20 BY THE DISTRICT ATTORNEYquestion, Officer Parks. If I?m coming at you with this knife, can you
22 shoot it out of my hands?
23 A. No.

24 Q. Why not?

25 A. Okay, because what I?m going to try to do as an officer is I?m going to try to stop the
26 action of a person with a knife. As I?ve told was talking to Sharon, correct, Sharon a little
27 while ago, five to ten feet, it?s very dif?cult with the dynamics of the situation. If I?m sitting
28 here to aim at a knife, it?s not going to happen. Plus, I?m responsible. . .after

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page 21

(DO-40

CDle

every round that comes out of this gun, it?s not like the wild wild west, contraly to what you
think. it?s not like [inaudible 00:441l7]. l?m responsible for every every single
round that comes out of this gun. So ifl?m sitting there trying to ?re at that knife, and l?m
hitting people down-range or hitting anything down?range, l?m reSponsible for that. Okay, l?m

going to hit. . .l?m going to attempt to stop the action of that individual that?s coming at me.

   
 

Q. So, and would that be pretty much from about where? Your chest to about your groin
area?

A. Exactly 

Q. it?s hit or miss?

A. -- this is the area I?m going to aiming at, right there, because that?s going to stop the
action. Yes.

BY SHARON, GRAND JUROR:

Q. Sharon.

A. Sorry.

Q. lf you shoot a gun in the air like you want to stop, is that possible. Would you want to

shoot the gun onceNo, we?re not trained to do that.

Q. Okay.

A. That?s, for a lack of a better term, that?s a 110-110. For due to the fact, like ljust
explained a minute ago, if that round? 5 going up, and guess where, it?s coming down. We have
no idea. New Year?s Eve, perfect example, for the most part. This probably isn?t going to make
you guys have real warm feelings, but New Year?s Even when. . .right around midnight, law
enforcement, we tried to get indoors, we tried to get out of harm?s way. Being in aircraft like]
explained to you guys a little while ago, we briefed it. We will not be up in the air from
probably 1 1 pm. till 1 am. due to the fact of guns and helicopters really don?t get along real
well, okay? So, yeah. No. It doesn?t happen. We? re responsible for every single round. If I?m

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ll ?ring offa weapon. i?m in a survival mode. i?m looking to stop the actions of somebody so i? ll
be ?ring at somebody or something. Make sense?

3 BY THE ATTORNEY:

4 Q. So, Of?cer Parks, how is a motor vehicle considered a deadly weapon?

5 A. A motor vehicle is considered a deadly weapon due to the fact is that vehicle can cause
6 great bodily injury, that or death, very, very easy. But what a lot of people don?t realize is

7 vehicles, it?s pretty self?explanatory what they will do to a human body, but what a lot of

8 people have issues with wrapping their hands around. . .or their heads around is like a stick, a



stabbing instrument, or aboard or a rock. Those are also deadly pieces of stuff that can hurt
you very, very seriously, if not kill you. So any. . .that?s. . .l?m not getting into that other thing.
We?re not going to go down that road. don?t want to confuse them.

Q. But a vehicle.

A. A vehicle itself is because of the large and. . .the size of a vehicle, no matter if it?s a
Smart Car or an eighteen?wheeler will do the same amount of damage to a human body. it?s

cominor at on. it?s deadl rforce. Deadl force and it?s comianr right at on. Yes, sir. . .ma? am


 

16 sorry.

17 BY TERRY, GRAND JUROR:

18 Q. Terry.

l9 A. i almost called you sir.

20 Q. Is it appropriate to taser someone who?s driving an automobile?

21 A. We?re not trained to do that, no. Due to the fact, every situation?s different, so I don?t

want to say straight up it is or it isn?t. We? re not trained to do it due to the fact when you tase
somebody, that person?s going to be incapacitated for a minute, okay? We?ve been tased as

24 of?cers. l?ve been taSed. You have no control over what?s going on, so if that person?s driving
a vehicle going down the road at ten miles an hour, ?ve miles an hour, or anything like that,
and you tase them, guess what? That vehicle?s now out of control, totally out of control, more
out of control than the situation was in before, so the vehicle?s going to be out of control. it
could go down the road, it could hit somebody, hit something, go through a wall. So no. It?s

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page 23

  
   
  
    
 
  

not recommended.

BY THE DISTRICT ATTORNEY:

Q. Also, Of?cer, you go. . .you have. . .a taser has two prongs and they have to connect in
order to make a connection.

A. Yes,ma?a1n.

Q. And driving. . .trying to shoot it through a window, for the two prongs to open up

and. ..could be very dif?cult?

A. Yes, if not impossible. Those prongs, if the windows are up that?s a very good point,
that?s why she?s the DA very good point, the glass. . .the prongs on this taser will not
penetrate through glass. it will not penetrate through a Carthart jacket, believe it or not. l?ve
been in that situation personally. I deployed a taser. it wouldn?t even go through a Carthart
jacket, and everybody knows what a Carthart jacket is, correct? Real thick material, wouldn?t
even penetrate through that. So. . ..does that make sense?

l4 Q. Does anyone have any more questions of this officer? 1 know he?s been quite

15 entertaining. We would love to have him all day.

16 A. Sony, that?s the way i roll.

DISTRICT ATTORNEY: if there are no further questions, may this witness be

 

excused?

FOREPERSON: Yes.

DISTRICT ATTORNEY: Thank you, Of?cer Parks, as always. It?s a pleasure.
JAMES PARKS: Can i go fly now? [Inaudible 00:49:03] going to call me?
[lnaudible conversations]

23 FOREPERSON: You do swear or af?rm that the testimony which you are about
24 to give will the truth under the penalty of law.

25 SHANE ARTHUR: i do.

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TESTIMONY OF LIEUTENANT SI-IANE ARTHUR
BY THE DISTRICT ATTORNEY:
Good morning, sir.

Good morning.

Q.
A
Q. Would you please state your name?
A My name is Shane Arthur.

And, sir, what do you do for a living?

A I?m a Lieutenant with the New Mexico State Police. I supervise our Crime Scene

lnvesti gation team.

   

Q. So basically, you?re the one that, you know, pOpular, you know, believe, sir, you?re Mr.
CSI.

A. Well, I. . .maybe for the State Police.

[Laughter]

Q. So, but you oversee that unit.

A That? 5 right.

And, Of?cer, how long have you been with State Police?
l7 A. About ??een?and?a?half years.

And what kinds, you know, ?fteen years, ?fteen and a half years is a long time to be a
police of?cer. And I know that you?ve received all kinds of training, but speci?cally have you
ever been trained in the area of force science?

A. Yes, ma?am.

Q. And could you please explain, what is force science?

A. So, essentially, a group of doctors and in Minnesota about twenty years
?24 ago began examining human dynamics in high-stress situations. They speci?cally focused on
law enforcement shootings and military shootings. They focused on the biology, what happens
to the human body when people have a rush of adrenalin, what happens to people?s vision,
how tunnel vision occurs, how people lose, you know, dexterity during high-stress situations.
They also focused on how people make decisions under very life?threatening situations.

Regarding the Matter ofthe Investigation of the Death of Jeanette Anaya
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ll Q. So. . .let?s talk about some of that, and want to break it down a little bit. First of all,
2 let?s. let? 5 back up a little bit and talk about a police officer?s training.
Bl A. Okay. So, speci?cally, New Mexico State Police officers go to an academy that?s about

twenty to twenty-two weeks long, depending upon when they went through the academy. As it

 

relates to this topic, police officers are trained in pursuit driving, so they? re getting. . .given

 
 
 
 
  
 
 
 
 
  
  
 
 
 
  
  
  
  

time on the track. Understand that most of the time they spend on the track, it?s a nice ?at.
level roacl. it?s in broad daylight. it?s in a completely controlled environment. They do train

mostly in the daytime. They do get some nighttime training, but then after pursuit driving at

 

some point they?ll get trained in how to do what we refer to as PIT maneuver, which is vehicle?
to-vehicle contact to bring a pursuit to an end. hen they do that it?s almost always in the
daytime. Very little training occurs at night, but it?s a very controlled environment, well lit, its
broad daylight, so they don?t typically do this at night. And they? re trained in felony stop
procedures, so once a pursuit comes to a stop, officer gets out of his car. l-le?s trained to do a
certain number of things to get the individual or the suspect out of the car, to come back to try
to make the arrest. Again, usually done in a very controlled environment. And one of the things
1 would, 1 would note is that these blocks of instruction are not blended together, typically. it is
not like. . .we do not teach felony stop and then go to the range to tire handguns. It could be
months apart. They could have pursuit driving and then next week history, and then felony
stops. So they?re not typically blended together. They just occur during that twenty?two weeks,
somehow, some way.
Q. Are police of?cers trained to shoot at night?
A. Yes.
Q. Are they trained to shoot while running?
24 A. They receive a very limited amount of training in shooting on the move. They. . .l?ve
been a police of?cer for ?fteen-and-avhalf years, and i can count on one hand the number of
times l?ve been trained at the range to shoot while jogging or they wouldn?t be.. .we receive
very little training, and even, even shooting while walking fast. Once you start jogging, the
number of times l?ve been trained to shoot while jogging is maybe twice in ?fteen years.

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How accurate were you?

A. Not accurate at all. it?s very dif?cult to be accurate while jogging.

Q. What?s the purpose of all this training for an of?cer? Why do they go through all this
training?

A. Number one, the number one most important thing that they?re going to all of this

training for is to survive lethal?force encounters, to stay alive when they, you know, are
experiencing some sort of violent threat. After that it?s to effect arrests and maintain public
safety in the, what we hepe, is the safest manner possible.

Q. Sir, you know, the purpose of training, it would seem to me, is that with enough
training that it would become. . .the actions would be automatic for an officer, rather than the
officer have to stop and think, well, 1 was told I should do it this way, i should do it that way.
Or is it just something that happens like that?

A. Most of the training that officers are going through, whether it was driving training or
firearms training, it must be trained, it isn?t reflex. lt isn?t something they were born to do.

They didn?t grow up doing it. Most of these skills, ?rearms training, the, the action of simply

 

just drawing from the holster must be trained, and certainly aimed?fire on a, on a target at night
with confused lighting, that has to be trained. That?s not a instinctual behavior. So research
shows us that for an action, a trained action to become just completely natural, just to
completely be totally memory. . .rnuscle memory, total natural, we like to see between five
thousand and ten thousand repetitions. So my analogy would be that when a student driver,
when a teenager?s first learning to drive a car, when they?re trying to learn to drive a stick shift,
the first hundred times they get in the car and they try to put it in reverse, they try to use the
clutch with the brake with the gearshift, it? ugly. it?s very hard for them. And they must do it
in single steps, so'they get into the car, they think, okay, put my seatbelt on, click. Put my
hands on the steering wheel at three and, you know, three and nine, clutch in, shift into first,
check mirror. They do everything one, two, three, say through steps twenty. At some point if
they do it enough they start to do things smoothly, as we would expect somebody to do. But
what happens is at the beginning, once. . .after, say, six months of driving confidently in the

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IQ

 

 

daytime with an adult next to them in the most controlled manner possible, they begin to do
these actions kind of in groups. so they?ll do like one through three, they?ll be able to do
clutch, brake, shift at one time. Then they?ll do the next three things in a group. So they kind of
do one two three, four ?ve six, seven eight nine. And as long as they have their environment
controlled and in their, in their mind they?re not streSSed out, those processes can continue to
kind of grOUp together. At some point after you?ve been driving for ?ve years every day, you
just do the whole thing naturally. The one through twelve all occur in one ?uid motion over
and over and over. You don?t even think about it, and that?s the way ?rearms training occurs.

That?s the way pursuit driving occursget these guys to go to the range as

  

much as possible, but it?s the same situation with any sort of, you know, mechanical motion of
your body.

Q. You know, we? re trained to do things, you know, at a shooting range, driving range. 1
go out on the streets, I?m a young rookie of?cer, l?m now in unfamiliar territory. What happens
to me when l?m have, 1, you know, i have to deal with some of these dif?cult situations and
l?m in unfamiliar territory?

A. ~Your level of stress goes up. it?s the same thing with the kid with the car. if you put the
kid with the car out in the church parking lot where there?s nobody else moving, he?s able to
practice, he?s able to get good. if after two or three drives you decide to put him on the
interstate, rush hour traf?c, you?re going to have a problem. l-le?s going stress is going
to get so high that he?s just not going to be able to function. It?s the same thing with police
of?cers. if we teach a police of?cer pursuit driving in the daytime under a controlled
environment, and then immediately we put him on the street and he?s eXpected to perform at
that level in the dark with confused lighting, his stress level goes up. We ask him to do certain
things at the range, you know, ?re his handgun, ?re his shotgun, ?re his rifle, use his
flashlight. We ask him to do these things, then we take him and we put him into an
environment that?s much more stressful, especially and this is, this is the, the research that
these folks are doing especially when we put him in a situation that is life or death. That
obviously is the highest level of stress that your body is designed for. When you?re confronted

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with act or die, act or be hurt badly. So we?ve trained him in a very controlled environment,
he?s a rookie, now we? re putting him in a very. very high?stress environment. Performance
typically suffers.

Q. So. you know, you?re a police officer, you know, and based on the studies it?s kind of
like. you know. . .this is a pointer. just so you know. And 1 point the gun at you. You know, the
studies will say. you know. if it?s a pointer. . .let me, let me back up. Based on the studies.
where does their focus go?

A. So in a high?stress and when i say high stress, 1 mean you perceive that you?re about
to die, that not, not maybe i have a little time to get out of it, not kinda sort of could get hurt,
but genuinely you perceive a deadly threat. And in that situation human, human beings
experience chemical changes in their body. The one that most people are most familiar with is
an adrenalin rush. So that?s, that?s a defense mechanism for the body. There are other
chemicals that, that rush through your body as well. One of the things that this does very
commonly is it causes people to get tunnel vision. 1 think sometimes people, people have
experienced this in their own lives. What is essentially happening is, is normally your human
is designed to have about seventy to one hundred degrees of vision. You have peripheral
vision. But when, when your body perceives that you?re about. you?re about to be hit with
something that?s going to kill you, or really hurt you bad, the human essentially turns off
the peripheral vision and just focuses on the threat, wherever that threat is. So it begins
ignoring what?s out here. The human can, can collapse the tunnel vision down to about
three degrees. That?s the worst case scenario, that somebody could have about three degrees of
vision. That?s about like taking a half dollar and putting it at arm?s length. That?s what you
would be looking through, if that?s, if that?s your, if that was what you were looking through.
24 So that?s often why either police officers or witnesses or, you know, just human beings that
have that happen to them, they say, you know, all I remember was the, the firearm, you know.
it had a barrel and it looked this big. And i don?t remember what color shirt he was wearing, i
don?t remember who was standing behind him or beside him, because their begins to
ignore all that. it?s a survival advantage, to focus your attention.

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The same thing occurs with sound. A lot of times people will report a distant or
muffled sound. lt?s because the brain simply says i don?t need that information to survive the
next ten seconds, so Fm going to ignore it. We lose fine motor skills. lose the ability to do
things like, like write carefully or, you know, even things like that [making a movement]
would be dif?cult. Simply it?s just a survival advantage to only need to do gross motor skills,
make big, bold movements.

Other things occur in relation to time. People often report time slowing down, like,
wow, it just seems like real time really slowed down. That" a function of the mind sort of
going into overdrive. it?s a survival advantage so that you can make, hOpefully, make decisions
to survive this threat.

Q. So if, you know, I?m police officer and I had a threat, and let?s say I shot eight times,
boom, boom, boom, boom, boom, boom, you know. But you?re interviewing me and I

say, ljust shot twice. is that uncommon?

    
 

A. it? 5 very comm on, and I should point out that this does not apply just to police officers.
15 This applies to all human beings. it?s just your body?s reaction to a deadly threat. Oftentime
16 [sic], memory is not as detailed as we think it should be. For one thing, the body does not

17 remember what it dOes not perceive. So if this stuff was happening in his peripheral vision, he
18 simply didn?t perceive it. The officer perceived this, not what? 5 happening out here. it?s

19 common that, that somebody would, would be shouting commands or saying things and he

20 doesn?t remember those things, even though the officer. . .other of?cer saying them is standing
21 right next to him. it?s because his brain doesn?t need to hear that to surviVe that. We see

22 officers, you know, report things like I thought he was standing eight feet away from me, but
23 when i watch the video we?re so close that we could have shook hands. Their distance, because
24 their mind doesn?t need to know that to survive that, so a lot of things get this-remembered.
25 Sometimes people assume that video camera is memory, and i would like to point out that
26 what.. .the way a camera any camera but especially the ones we?re talking about are in?car
27 cameras in police cars video footage is not memory. So what we see often and then what the

28 officer reports as his memory, it isn?t the same because first of all the camera isn?t where he

 

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 41?- LJJ 



 

 

 

 

 

 

 

 

 

was standing. it can?t be. It?s not where he was standing. it?s field of view is not the same as
his. And cameras often our cameras, of course record in color. A lot of times during that
situation people?s eyes will only see in black and white. Essentially your brain just says,

quit. . .we have rods and cones in our eyes. Some record color, some record black and white.
Our just simply says quit sending me information from the color part of my because I
don?t need that right now. So it?s quite common that they see. . .they? re seeing this incident in
black and white but it?s being recorded in color. The microphone on the in?car camera is
designed to record human sound. it is built. . .it is engineered at the factory to record people.
That?s the main thing, the spectrum that it tries to record. So you?re going to hear that the
microphone does a really bad job of recording gunshots, because they?re, they?re occurring at
a, at a different sound level than it?s designed to record. So where I?m going with that is if
you?re. . .if you were personally there and you hear gunfire, gunfire is very loud, very loud.
Especially if you don?t have ear protection on. The way you hear gunfire on-scene is very

different than the way you?re going to hear it when they play that video because it?s just, it?s

 

just the function of the microphone. The micrOphone doesn?t do a good job of recording things
like when a vehicle accelerates, like the rev of a motor. That mechanical sound is not recorded
very well. it would be different if you heard the rev of a motor and you?re standing right by the
car.

Q. You know, Lieutenant, you?re talking, you know, really what we?re telling you about is
an individual?s perception of an event, basically, and all the different things that happen to our
body when we?re perceiving this event, especially if it?s a very frightening situation. Is that
correct?

A. That is right.

Q. You know, and the same thing can also apply to witnesses, is that correct?

A. Absolutely.

Q. l?d like to just, you know, I was looking at this chart here, and let?s just for a minute,
for a moment, imagine this is a football field, okay? This is the football ?eld right here. And
most people covet the seats right in the center, correct?

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A. That? 5 right.
Q. Because you can see both sides. So if somebody is sitting in the center, is their

perception, will it be the same as someone who?s at the end zone?

No.

A
Q. it all depends on angles and 
A Absolutely.

-- timing?

A. Absolutely. Especially, one of the ones that in, in this scenario is going to matter most
is a phenomenon we call looming. This is the difference between if you?re standing on the
sideline and the quarterback throws the ball across your ?eld of view, you see what you?re
used to seeing. You?re used to seeing a football ?eld go across your ?eld of view. But when

you?re the guy catching the ball, as the ball comes towards you, it?s size increases

exponentially every time it? 5 distance is cut in half. So every time it gets out in half, it gets

 

bigger exponentially. That?s important in this situation because the of?cer has a vehicle that he
perceives coming at him. So it?s not. . .in the, in the of the camera, when we see a vehicle
16 going this way, it?s different than when you?re the guy standing in the path of it and it?s
coming directly at you. Your perception and the way that your brain is going to react to that is
different.

Q. You know, Of?cer Parks testi?ed prior to you and he. . .we were talking about stop the
action and police of?cers are trained to stop the action.

A. That?s right.

Q. And what does that mean?

A. in the simplest terms, it means stop the threat. if there is a dog coming toward me to
24 bite me, it?s not enough for me to shoot it once. i have to shoot it till it stOps coming at me. i
25 think most people can understand that if you shoot it once and it steps, wonderful, but the
26 chances are you don?t know what?s going to stop the dog. So police of?cers know
27 from training and experience that the studie?s'show that if two peeple are in a gun?ght and
?28 somebody shoots somebody else, the most common reaction to being shot is no reaction at all,

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DJ 

.52that that?s what the FBI studies tell us. if somebody is charging me with a knife and I shoot
them, the most likely thing that?s going to happen is they?re going to continue doing whatever
they were doing already until their body isn?t able to function. The caveat to that would be
injury to the central nervous system, so brainstein, certain parts of the brain would bring
instantaneous stop to the action. But other than a shot to the central nervous system, the most
likely response to being shot is no reSponse, is that they?re going to continue doing whatever
they are doing. And police officers know that.

Q. So, you know, i see you coming at me with a knife, and have my gun out, and you?re
not stopping. So i?m getting ready to shoot and i start to shoot you but then you drop the knife.

l?m already committed, the shots?

A. Yes.
Q. You know, i can?t stop that, can 1.
A. it?s dif?cult. Once a gross motor skill is begun, it?s dif?cult to stop that gross motor

skill. It?s like, it?s, it?s like throwing a baseball. Once you actually begin the forward throw,
and somebody says stop!, you kind of, it?s hard. it?s dif?cult, it?s mechanically dif?cult to stop
that, that, that motion. Usually what you end up with is some kind of messed up throw, where
the person tries to stop but can?t. it?s the same thing with firing a handgun. Once the officer, or
anybody not just police officers but civilians at a shooting range once the person has. . .the
brain has told the hand pull the trigger, and that action begins, if somebody right there says

stop, it?s very, it?s very dif?cult to stOp. So yeah, that, a function of biomechanics in the body.

BY TERRY, GRAND 
Q. Terry. So are you saying that a police officer is not trained only to fire once?
A. They?re trained to fire until the threat ends. So if the threat ends at one, yes, we would

say stop, stop at one. If possible, stop at one, if there?s no more threat. So, yes.

Q. Okay, Terry again. So then you?re saying that even though they?re trained this way,
something else takes over their bodies that would make them react differently than the way
they?d been trained?

A. Yes, sometimes in, in very high?stress situations and that?s different than, you know,

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00 ?~being a little stressed out or maybe under a little bit of pressure. We?re talking about somebody
who believes they?re about to die. They believe in this situation that they? re about to be run
over. So they defend themselves, and we see that in these situations people often employ a
blend of their training and their human instinct. it?s very difficult to train contrary to human
instinct in these situations. You can tell a guy all day long, do this, do this, do this. In
these situations he?s going to. . .his body?s going to do what it it thinks it needs to
do to, to survive. And we see kind of a blending of what you?ve been told and what your
instinct is.

BY LYNDA, GRAND JUROR:

Q.

Linda. So ou? re sa incr basicall l?m come back to what rou said earlier when
E) 

    

you?re confronting with that risk of life, you know, that your safety. . .and that you may die, you
have the fight or ?ight where you just. . .you release the adrenaline. You?re saying at
that point that makes it difficult for the motor skills, say that she dropped the knife, and for you
to at that point to use logical judgment?
A. Absolutely. A bunch of things break down . . .
CD 2, Track 

. . . when you're in fight or flight mode. And I have to remind you that we?re, we?re talking
about true fight or flight mode. Many things break down. One of the ?rst things that breaks
down is perception. You know, you get the tunnel vision, you don?t get all the information that
you would normally get. Once you?re not getting all that information, another thing that can
break down is your ability to make decisions analytically, reasoned. Reasoned decisions don?t,
don?t really play in that much when you?re body?s just trying to survive. You do what your
instinct tells you to do, which is tight or flight, and should point out that it?s not one or the
other. it?s not black and white. We often see peeple do things like they tight so they can then
flight. Or they ?ight to a position so they can fight. It?s kind of a spectrum. But they do the
instinctual thing blended with what they?ve been trained to do, and the ability to make
reasoned, rational decisions becomes difficult.

So a situation like where somebody?s running at me with the knife, it?s easy to talk

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Li.)

U1

\1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

about until it happens. until you?re the person and that you really genuinely think you?re about
to die. see of?cers do many things. I?ve investigated about fifty?six police?officer?involved
shootings in my career. At the range, we tell officers one of the courses of fire is draw, fire two
rounds. Well, we do that because we need to just conserve ammunition, right? The police
department doesn?t have an unlimited amount of ammo, so two rounds seems to be the
accepted standard. However, in reality what 1 see is of?cers often either ?re one round and
then observe, the a round, observe, fire a round, observe. That?s what most of?cers do when
they have time, when they have the benefit of time and distance. When they don?t have the
bene?t of time and distance, a very common response is to just fire every round they have, is to
turn, run, and just unload, or to in some way move and fire rapidly. We don?t have a course of
fire. . .we don?t have at our range, we never train that. We never tell officers run and shoot
sixteen rounds. Run and shoot thirty rounds. We don?t do that. But many times that?s what
people do because that?s their instinct.
BY BILL, GRAND JUROR:
Q. Bill. I understand the instinct part and then I guess whether you are a police officer or a
lady in a domestic abuse, I mean, I guess the instinct is there for that if she feels threatened she
the abuser drops on the first time, she can continue to shoot [blind? 00:03:33].
A. That?s possible, yes. Yes. And what we also have to keep in mind, the two. . .there?s
many things that affect this sort of decision-making in that situation. The two biggies 
because there?s, there?s a laundry list the doctors would tell us but the two biggies are
perceived threat, like how to the person, to the lady, how much threat does she believe. She
genuinely believe [sic] her life is totally in that moment in danger. The other one is how much
time does she have to make reSponses? Because you can feel very threatened, but if you have
minutes to decide, you might make, 1 don?t know, more appropriate decisions or more well~
thought-out decisions. ApprOpriate? 5 probably not a, not a good word, but more thought out.
it?s when you have very heightened stress level and very little time to make these decisions,
that?s the most that that decision?making sort of starts to break down.

And in this situation, the officer has very little time to react to what he believes is a

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CZ)

 

deadly threat, and the whole thing, the whole, from one shot to the end is it okay if 1 talk
about that, Spence? From beginnings end, from the entire, from when you see the video, from
the time the officer fires the first round to the time the officer fires the last round is about six

seconds. It?s very rapid. Sixteen rounds in six seconds. lt?sjust not much time to change what

you were doing. You enter fight or ?ight mode, your body reacts, you make decisions, your

body doesn?t have enough time to would say, a lot of people

step out of that. i mean, imagine, I
have been in car crashes or some sort of vehicular accident. In the moment when you realize,
oh no, l?m going to crash. This. . .1 can?t stOp this. This is going to happen, l?m going to crash.
Or you look in the rearview minor and you see that they are going to hit you. Your body does
certain things. We see people bend steering wheels, they get so much adrenalin. We see people
break handles off doors, they have so much adrenalin. And then once the crash has ended and
wherever they are they get out of the vehicle, it? 5 very dif?cult for them to recover from that
quickly. it takes some time for them to sort of wind down and begin to make decisions. Often
we see people wander off. They?re walking into traffic, like they get out of their car and they
step into traf?c. They don?t even realize that they?re putting themselves into even a worse
position. They say things out loud to other witnesses or people or passersby or police officers
that don?t make no sense. They say things they shouldn?t say, they say things that are
completely illogical because their body is in. . .still in that sort of revved uptight or flight
mode. It might take five minutes, different people different times. Some people it

takes. . .they?ve got to like go to sleep. They?ve got to wake up the next day before you can
?nally. . .they can ?nally begin to answer questions articulately. Did that answer your question,
i think? Rather long.

DISTRICT ATTORNEY: Are there any further questions of this witness?

BY SHARON, GRAND 
Q.
percent in Santa Fe County of lethal [inaudible 00:07:26]?

Sharon. don?t know if you would have the statistics, but what. . .wonder. . .what?s the

A.

Q.

i don?t have those statistics. Can you be a little bit more specific?

Of, of, you know, shootings, deaths from like is it high, medium, or would you know?

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I don?t even, I don?t know what the national average is, so I?m not sure 
Well, just this county, Santa Fe County.

You know, I don?t,l don?t have those statistics, ma? am.

But is it taught in the police academy?

So like how many. . .are we saying how many pursuits are going to end in --
What, in lethal 

in shootouts or some sort of lethal 

es.

some sort of lethal action? I don?t know how many pursuits end in lethal action.

Police of?cers, what they?re trained during pursuit driving is that once the pursuit has, has

really

genuinely turned into a pursuit because sometimes people just don?t see you, and

that?s not a pursuit once it?s genuinely turned into a pursuit, they? re, they?re taught that once

th

pursuit comes to an end that there are certain sort of best practices. One of the best

practices is we want to, we want to go into what we call felony stop mode, which simply

means exit your vehicle, you draw out. They do teach these of?cers at night get your ?ashlight,

draw out, and we. . .if it?s one of?cer by himself, he?s responsible for everything. We tell him

to stay behind your door or stay behind a position of cover and call out, have them exit their

vehicles. So we teach them that at the end of a pursuit you?ve got to be prepared that things

could go really bad in a number of ways, you know, that it could turn into lethal force, which is

why we have them draw out.

DISTRICT ATTORNEY: Any further questions? May this witness be excused.
FOREPERSON: Yes.
DISTRICT ATTORNEY: Thank you, Lieutenant.
LIEUTENANT SHANE ARTHUR: Thank you.

DISTRICT ATTORNEY: This next witness will be short and then we?ll take a

break. How? 5 that?

[Inaudible conversations]

GRAND JUROR: [Military? 00:10:04] mode, I mean, you can?t stop it. You hear

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H?u

 

 

 

 

 

the, 1 mean, when was in the military, you hear cease ?re and the shots still go, and you just

can't stop it.

GRAND JUROR: Yeah. The military [inaudible 00:10:19].

GRAND JUROR: i know you can?t 

GRAND JUROR: Yeah, we? re not motivated [inaudible 00: 0:20].
FOREPERSON: You do swear or af?rm that the testimony about

to give will be the truth under the penalty of law.
WITNESS: 1 do.
FOREPERSON: [inaudible 001l0z30].

TESTIMONY OF SERGEANT SCOTT MCCALL
BY THE ATTORNEY:

Good morning, sir.

Good morning.

Would you please state your name?

Scott McCall.

 

Q.

A



A

Q. What do you do for a living, sir?
A I?m a sergeant for the New Mexico State Police Investigations Bureau here in Santa Fe.
What does that mean?

A It means i?m a certi?ed police of?cer for the State of New Mexico. I work for the New
Mexico State Police. 1 run the investigations Division, which is the detectives division for the
State Police, out of zone 1 here in Santa Fe.

Q. Okay. Do you also. . .are you also trained to teach certain things at the Law
Enforcement Academy?

A. Yes. l?rn a certi?ed EVO [pronounced evaw] instructor, which is an Emergency
Vehicle Operations instructor. l?ye been certi?ed since 2007, currently the lead instructor for
the New Mexico State Police Driving Program, and ijust recently took over the Law

Enforcement Academy Basic Program, as well. With that certi?cation I?m certi?ed. . .1 teach

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in?services and Safe Pursuit Act, various updates of pursuit policies, as well as I?m a PIT

certi?ed instructor, so Iteach our of?cers how to do the PIT.

3 Q. Okay. The Grand Jury has heard this morning. . .so a few of?cers keep referring to the
4 pit.
5 A. Yes, rna?ain.

Q. What is the pit?

7 A. The PIT is basically it stands for the Pursuit Intervention Technique, or Precision
Intervention Technique. The Pursuit name actually ltind of stuck because this technique is used
during pursuits. It?s a tactic used with motor vehicles. What we determine it as, is it?s a
hundred and eighty degree noncompliance stop of the vehicle. We? re using a patrol vehicle to
cause the suspect vehicle to spin a hundred and eighty degrees and come to a stop.

Q. Okay.

A. That?s the basic of the PIT.

[Sounds]

15 A. There we go.

16 [Inaudible conversation]

17 A. Sure.

18 Q. Excuse me, I?m going to reach in front of you to try to get [inaudible 00:12:46] can see.
19 So, Sergeant McCall, I?ve handed you two toy vehicles. One?s a purple/silver vehicle, and the

?20 other is obviously a police car.

 

21 A. Well, that?s --
22 Q. That is the target. The target.
?23 A. Very nice. [Laughs]

24 Q. So explain and show people because, you know, it?s better when you see what you?re

 

25 talking about. What?s. . .how do you train someone to do a PIT maneuver.
26 A. I?ll stand up, if I can, just so you guys can see what we? re doing here. The PIT
27 technique is, is. . .there?s just basically four steps to it. The way we train, we train in a

28 controlled environment and we teach them the steps individually, and then we apply it all at

 

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once. When it?s done prOperly, what you can do is you can immobilize this vehicle in a
location that you want to mobilize it. So you can kind of pick and choose where, where you done at speeds above thirty?five miles an hour, but the national standard
typical standard?size vehicle made in America or made in a foreign country, when it?s
pitted at thirty-five miles an hour or less will only rotate a hundred and eighty degrees before it
comes to a stop.

And the way we do the technique is, depending on which way your suspect vehicle

allows you to go, what the of?cer does is, is he catches up with the vehicle and then he

    

matches the vehicle?s speed. So, for instance, on a straightaway the of?cer would be behind the
suspect vehicle or offset to whatever side he has available to him or her. As they approach the
vehicle, they? re going to come up and they?re going to match the speed of the vehicle. When
they match the speed, at the same time they?re, they?re setting up their front fender with their
13 rear quarter panel, whether it be right or left, okay, depending on the. . .depending on the

14 circumstances of where you" re going to apply the PIT. When you match the Speeds and you,
and you set up that technique where your, your quarter panels are together, wellfinesse. it?s not a ramming technique, it?s not vehicle-to?vehicle contact. it?s a very
smooth contact, and when you do make that contact, at that point you. . .when a contact is made
you do a quarter-turn of the steering wheel, and you do a nice smooth acceleration. You?re not
mashing the gas pedal, you?re not being aggressive with it, what you do is you do a quarter turn
20 and you drive almost through the back of that vehicle. And what that does is it causes, for
21 instance, as the officer would say he? 5 going to make this particular PIT, he? 5 going to turn the
22 wheel to the right. When he does turn the wheel to the right, it?s going to cause the back of his
23 vehicle to push out. The dynamic behind that is that once the vehicle reaches a twenty-five to
24 thirty degree on the back end like this, this maneuver it?s irreversible for your suspect vehicle.
25 He cannot or she cannot recover from it. it?s just, it?s not possible. And what happens is when
26 he, when he does turn that into it, a turn of the vehicle, it starts to rotate out. As it rotates out,
27 the officer literally just continues in this, this path of the turn as this vehicle rotates out away
28 from him, and you drive right by. Okay, it?s all about smooth acceleration, and the steering

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input is smooth. And it can be done either way. Ultimately, at that point, the pitting of?cer, or
the spin vehicle, as we call it, continues past our suspect vehicle and would attempt to get back
around to contain it. You know, and when we teach in our environment, we like to have other
units available as to come in the front and block the vehicle in, but in the perfect world, you
know. we always have that. In this particular case, we don?t.

Sometimes what of?cers will do is they'll . . .you can stay with the turn and it gets you
to come around quicker. Okay. But you also have a second. . .you have a risk of a secondary
impact sometimes at that point, which is. . .it? not a, it?s not an intentional impact, it?s just the
dynamic of the way the vehicle spins. And then coming into play also, if it?s twenty miles an
hour or twenty?five mile an hour, it really depends on the way the vehicle and how much

acceleration you put into it as to how fast it rotates. Sometimes they don?t rotate a complete

   
 

one-eighty like perfectly. They?ll rotate slowly around, depending on the street that it?s applied.
And it works, like I said, in both ways. You can do it either way. This side, the other side,
however it works.

Q. So I have a question for you in reference to that. in the video that they have not seen yet

a? they? re going to but there is a PIT maneuver that is done by Officer Wilson, and in the FIT

l7 maneuver it kinds of hits that way.

18 A. Correct.

19 Q. Explain how that occurred.

20 A. That?s what we would call a doubleatap, okay, in the training environment, and it? in

a. . .it?s not an intentional aspect but what it comes down to is the fact of whether the officer, he
accelerated, didn?t decelerate. Sometimes you can avoid a double-tap by just tapping
the brakes or removing your foot completely off the accelerator. in this particular case in a
24 close environment where you see you have a narrow road, and you don?t have an avenue that
you can swing out wide enough, and the speeds are not fast enough, that this vehicle

rotates. . .doesn?t rotate fast enough out of your way. And so what ends up happening is the that
vehicle, your spin vehicle, once it applies the technique and spins out, this vehicle is spinning
too slow and this vehicle doesn?t have the opportunity to go around it or through it because the

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Page 

 Uspeed that the speed was rotating and either the brakes aren?t applied or acceleration?s not
slowed down enough, or the brakes are applied and it?s just. . .it?s too close contact. So you
have. . .what you have is a secondary, what we call a double?tap, which is, like I said, it? s, it? 
part of the PIT depending on the circumstances that you apply it at.

In a training environment, a wide?open highway, it usually doesn?t happen because we
have those avenues of escape. So. . ..
Q. So, currently are all New Mexico State Police of?cers trained with this technique?
A. Yes. We just. . .in fact, in November and the ?rst part of December we did our last in?
service class which updated all the commissioned personnel that work the ?eld. We were all
updated with this PIT technique and are now our, our current recruit schools are actually being

certi?ed as they come out of recruit school.

Q. And you instruct them on this.
A I do. Yes, ma? am.
I have no further questions of this witness. Members of the Grand Jury?
A. Okay.
Thank you, sir.
A Thank you very much.
DISTRICT ATTORNEY: Maybe you like to take a break now?
FOREPERSON: Yes, please.
DISTRICT ATTORNEY: Why don?t we. . .can we take a ?fteen- minute break?
FOREPERSON: Fifteen would be great, ma? am.
DISTRICT ATTORNEY: So the time is now 10:22. Let?s take a morning break.
FOREPERSON: How long will we have?
DISTRICT ATTORNEY: Fifteen minutes 
FOREPERSON: Fifteen minutes.
DISTRICT ATTORNEY: please.
[Inaudible conversations]
[Off the record]

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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Page 42

Track 2

DISTRICT ATTORNEY: . . .that it?s l0240. We have sixteen members of the
Grand Jury, Alejandra the tape monitor, and myself an Of?cer Oliver Wilson with New
Mexico State Folice has entered the room as well.

FOREPERSON: You do swear or affirm that the testimony which you are about
to give will be the under the penalty of law.

OFFICER OLIVER WILSON: Yes, I do.
FOREPERSON: Thank you. Please sit down here.
TESTIMONY OF OFFICER OLIVER WILSON
BY THE DISTRICT ATTORNEY:

Good morning, Of?cer.

Good morning.

Would you please state your name for the record.

I?m Of?cer Oliver Wilson of the New Mexico State Police.

How long have you been a police of?cer, sir?

Q.

A.



A



A. Approximately a year and a half.
How are you doing today?

A I?m doing okay. I

You? re doing alright?

A Yes, ma?am.

Do you need any water or anything?
No, not right now.

A
Q. So, Of?cer Wilson, do you. ..were you working let?s just say on the eyening of

November the 6m, 2013?? Do you remember what shift you were working on?

A. Yes, I was on the grave. . graveyard shift. it starts at nine pm. and goes till six in the
morning.
Q. And how were you dressed that day, sir?

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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A. was dressed pretty much like 1 am today, with my full uniform. was on patrol. was

wearing my cap as well.
3 Q. And what kind of vehicle Were you driving?
A. i was driving one of the marked black and white State Police units.

Q. So ifl were to see you, you know. you know, as you describe the way you?re dressed
and the vehicle you?re driving, would i have any doubt that you?re a police officer?

A. No,i don?t believe so.

Q. So it?s pretty, it?s pretty well marked that you?re aNew Mexico State Police of?cer.
A. Yes.

Q. Okay. So, normally when you are on patrol, you know, what does that mean when

you?re on patrol?

  

A. You know, usually what do is i kind of monitor traffic. During the, the early hours l?ll
go out on the interstate, will answer calls if there?s a, a call in the county or a call assisting
14 another agency will respond to, to various calls. And .l?li make normal traffic stops for traffic

15 violations and things like that.

 

 

16 Q. Sirthe interstate as Pecos or is there a Pecos officer that deals
with that?
18 A. There?s usually a Pecos officer, but only after. . .until a certain time at night. So if

there?s a need for us to go out there, we?ll respond out there as well.

Q. How about up north towards, let?s say, Cuyamungue, Pojoaque?

A. Yes 

You also respond that.

A Yes, we have calls out there regularly.
Q. How far south the 252, a landmark there would be the San Felipe casino.
And then like going over towards, you know, Edgewood, Stanley, on Highway 14that?

A. All the way down to Clines Corners. We usually don?t get a lot of calls out there, but,

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you know, we can respond out that far for, for District 1.

Q. So it?s a fairly large area.

A. Yes, it is, ma? am.

Q. And how many patrol of?cers on a normal, just a normal night, more or less, are
usually on, on your shift? How many of you are on duty?

A. Usually about two, myself and one other of?cer, usually.

Q. Not a whole lot of police officers out there, are there?

A. No, not for the State. No.

Q. Okay. So, Officer Wilson, on November the 7m, 2013, you were involved in a vehicle
pursuit that started on Saint Francis. Could you please tell the members of the Grand Jury what
you recall about the events that evening.

A. Yes. I was, 1 was on a regular shift. 1 was in my full uniform, driving a marked unit,
and i wasn?t. . .it was, it was really quiet on the street and 1 had just gotten off the phone with
my wife, actually, and so i wasn?t really, you know, looking for anything or looking to stop
anyone. 1 was coming up to the intersection of Alta Vista and, and Saint Francis, and was
quite a ways away. i could see the light change from, you know, green to yellow and then to

red. And it was red for about five seconds when 1 saw a, a silver Honda approach the

 

intersection. And what caught my attention about the vehicle as it approached, it approached
from Alta Vista pretty rapidly, did what a lot of people call a California stop, and that was odd
to me because they had the green light because my light had been red, you know, for about ?ve
seconds, more or less. And, so, you know, that kind of attracted my attention, so ljust
continued traveling in that direction, and as the vehicle made the right turn it was a, it was a
small passenger vehicle --I could see the chassis kind of wobble like that, and, you know, that,
that drew my attention as well. I was like, well, that was kind of an easy right turn. You
wouldn?t need to. . .you don?t need to put any steering input to make that right turn, not that
much, you know, that would cause it to wobble. So that, I thought that was strange, as well,
and two thoughts came into my mind at that point. 1 was like, well, they approached the
intersection really rapidly, they kind of paused. I don?t know if I startled them or, or what

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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happened, but they kind of paused and then went through the light and then, you know, had

ix.)

that little wobble. And was like, well, maybe they?re impaired, you know, or maybe there?s

something wrong with the vehicle.

Jab)

So 1 continued on my path of travel just to, you know, continue to investigate, and 

 

hadn?t made a decision to stop at that point, butl had started to become suspicious, you know,

 
 
  
 
 
 
 
  
 
 
 
 
  
 
  
  

so I, 1 continued on my path and 1 observed it. And as was behind the vehicle, the vehicle

-1CJNU1

began to accelerate a little bit away from me, and I thought that was a little strange as well
because, you know, if you?re not doing anything wrong, you usually don?t try to, you know, get
away.

So the vehicle made a, a right turn onto what I believe was a side street. l?rn not sure
what it was called. 1 believe it was Calle Nava. I would have to look at my report again. So it
made a right turn and 1, 1 followed the vehicle onto that street, and with all those clues, the
California stop, kind of the wobble as it turned, you know, 1 was suspicious that the person
may be impaired or under the influence of alcohol or drugs. So lturned my lights on and I
called in the, the traf?c stop.

Once i turned my lights on, the vehicle didn?t slow down or, or stop or anything, and
the vehicle made another turn onto whatl believe was Calle Anaya. And I didn?t know this at
the time, but Calle Anaya loops you back around to Saint Francis. So I called into dispatch
once. There was no response, and we kept traveling on Calle Anaya, and I called in again, and
the vehicle still wasn't stopping. 1 had my lights on and it was dark out, you know, so I think
that they saw me. But as we made another left turn and headed back towards Saint Francis, 1
22 turned on my siren, and that?s protocol when we?re in a pursuit. At that time I noti?ed dispatch
that we? re. . .that I would be in pursuit of the vehicle.

As we approached Saint Francis, the vehicle began to accelerate a little more rapidly,
and they went out onto Saint Francis without stopping at the stop sign. There was a stop sign
there it?s residential area. They made a right turn on Saint Francis and at that point the
vehicle really picked up Speed and I knew that the, the chase was on pretty much.

As we were going down Saint Francis, I believe we got up to about seventy miles an

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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41hour. and Saint Francis at that point, between I guess Calle Anaya and Saint Michael?s. is
about a thirty??ve mile?per?hour zone, 1 believe, and so we were going pretty fast for that area.
saw maybe one other car on the road, but other than that, i don?t remember Seeing any other
cars at that section.

We drove towards Saint Michael?s. and as We drove towards Saint Michael?s, you
know, the speed continued to increase and the vehicle exited onto the Saint
Michael?s ramp from Saint Francis. And at that point i saw the vehicle kind of cross the yellow
lines, and we were approaching a major intersection and i could see up ahead that the light was
red, but the vehicle continued through the red light and made a right turn onto Saint Michael?s.
I remember calling dispatch to ask for permission to PIT the vehicle, and that?s a Pursuit

Intervention Technique, just to stop the, the vehicle, because i knew that, you know, we were

  

turning onto Pacheco and that?s a residential area as well, you know.

We turned onto Pacheco. I didn?t hear any response over the radio as far as a supervisor
coming over and, and giving me permission, so we continued the pursuit. There was another
vehicle on Pacheco, and Pacheco is a twent r-?ve mile?per?hour zone, and so that vehicle
passed, and they just passed us without being impeded. They didn?t stop or anything. We
continued down Pacheco Street and believe we got up close to seventy miles an hour on
Pacheco.

As We approached the intersection of Pacheco and Siringo Road, there?s a stop sign at
the end of that street, and the vehicle didn?t stop at all there, and I continued to pursue it. And
the whole time while 1 was in the pursuit, I wanted to make sure if someone was coming to
back me up or coming to assist me they knew where was. So 1 called out every street that I
could see. 1 would look and see and call it out, you know, so my location would be, you know,
relayed to any other of?cers in the area.

So as we proceeded down Siringo, that?s when the speeds really got excessive. I believe
we were in excess of seventy, almost ninety miles an hour going down Siringo Road, passing
Santa Fe High School. Off to my left 1 remember seeing a Santa Fe PD of?cer with its lights
on. 1 think he was ?nishing a traffic stop, and when we passed that intersection I thought he

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page 4?

 

 

 

 

 

 

 

may, you know, come to assist me, but when i turned on the next street, which was, 1 believe,
Rancho Siringo, still in pursuit of the vehicle. i didn?t see anyone behind me at that point, and I
didn?t know if any other of?cers were going to assist me.

And this is the point where the pursuit, I think, really started to get dangerous, more so
than any other area, is there were. . .011 Rancho Siringo is marked by Speed humps, and the
speed humps have that reflective i think white paint on the top to let you know to slow down,
and then there?s a posted advisory that says twenty miles an hour, I believe. So the ?rst speed
hump the vehicle ramped over it and 1 could see the rear-end of the vehicle go up onto the
curb, and believe sparks flew out. And at that point 1, remember telling dispatch the vehicle
seems like it?s out of control. And so we continued to ramp over these speed humps. There is a
stop sign in the middle of Rancho Siringo, and the vehicle just flew through that one, and then

there was another. . .there were several other speed humps.

 

And during the, during the time i, i made it a point to doing it while 1 was calling out
and doing the pursuit i made it a point to stay really present as far as where was and, and
calling out the locations because i wanted to. . .l?ve had two other pursuits before that
and didn?t call out all the streets, so this one i wanted to call out all the streets because I kind
of got, you know, a little bit reprimanded for not saying pursuit and calling out all my
locations. So I was. . .wanted to be really careful and I made sure I regulated my breathing to
stay calm, you know, because, you know, if. . .my thinking was if I stay calm, you know, i can
be able to, you know, continue to relay my position to dispatchapproached the end of that street, one way it turns into Calle Chamisa
and the other way is another name, and i can?t remember it right now. But as we turned there,
there was another stop sign. We turned there, the vehicle didn?t stop, and i could see the, the
end of the vehicle, as we made a right turn, kind of lose control. And 1 thought at that point, 1
was like, well, the vehicle slowed down, I?ve asked for permission to stop the vehicle several
times, so this will be a good place to stop it using the, the PIT maneuver. So I drove my
vehicle, my Crown Victoria, up on the, the right side of the vehicle because the vehicle had
kind of lost control going to the left, and was going to stop it there, but the vehicle out-

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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Page 48





 

 

 

 

 

accelerated me. It was too fast for my vehicle.

At that point we continued driving, and the vehicle made a right onto i believe it?s
called. . .there was three streets called Cedros. One is Cedros Circle, one is Cedros Lane, but 
but we made. made a right turn on the first Cedros

don?t, 1 don?t remember which is which,

and went down. . .and in this area there?s cars lined on each side of the street, and I began to. . .l

was really afraid that, you know, somebody might be out driving or, you know, somebody out
for a midnight stroll or something might be in our, in our path of travel, and so 1 really

vou know, or else someone else

.v

became. . .l knew that needed to stop the vehicle imminently,
could, could be injured.

So we made that first, first right turn, then we made a left turn on the next Cedros, and
then a left turn onto believe it?s called Calle Cedros, which intersects with Camino Carlos
Rey. 80 as we approached Camino Carlos Rey we were going probably about forty-four miles
per hour, and then we slowed down to about twenty?two to twenty??ve miles an hour, as I
recall. And during our Pursuit intervention Technique class, they say that, you know, it?s safe
to do the PIT maneuver at that speed, you know, so I said, well, i believe it? 5 under thirty-?ve
miles per hour is what we?re trained. So, and it?s not a, it?s not a use of deadly force or

anything. It?s just a way to get the driver to stop so that they can be, you know, apprehended at
that point. And that was what 1 wanted to do, you know, just stop the pursuit, you know,
because i felt like it had become extremely reckless.

Sol positioned my vehicle on the left side ofthe driver?s vehicle and as positioned the
vehicle on the left side, I. . .it?s. . .what we try to do, and I?ll just demonstrate here, is

position it near the gas tank. And it?s not an impact move, it?s not a ramming motion, it?s

- simply we position our vehicle, turn the wheel and push the rear portion of the vehicle so that

it loses traction and the pursuit is pretty much stopped. I guess ideally you want to kind ofturn
it at a hundred eighty degrees, and what we were trained to do was, you know, two units would
come up and actually be able to contain the vehicle so it wouldn?t move any more.

As we made the turn and the, the PIT maneuver, and as far as I recall, the vehicle ended

up somewhat like this, and my vehicle somewhat in that, in that position. you know, as i recall

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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it. i remember thinking that needed to contain the, the vehicle so i moved my vehicle, you
know, so my vehicle touched theirs, and 1 got out immediately because I wanted to, you know,
make contact with the driver and, and stop the pursuit.

As i exited the vehicle and this part is, is really hard for me because everything was
happening fast, but it seemed to slow down. so. . .and my recollection of the events are in, in
frames. It?s not a, a know, like you watch a movie, you know, it?s a
continuous stream of motion. But my recollection of the event happened in more like still
frames of images, you know, and remember certain things about it. So i remember exiting the
vehicle, and i remember exiting the vehicle rapidly. And there was. . .there was something
weird thatl noticed after the incident was over is that my. . .and l?ll. . .my flashlight
was wedged under the, the left rear wheel of my vehicle. And i usually have my flashlight
between my legs, you know, so that when i get out to make a traf?c stop I won?t forget it, you

know, PM have it to, to make the traffic stop.

  

remember the, as got out i remember seeing the windshield, the rear windshield of 
the vehicle coming towards me, and i remember my weapon firing. i remember seeing the
muzzle go up and down. i remember feeling terrified and my thought was to prevent myself
from being crushed between the vehicles, my vehicle and, and hers. And. . .it?s. . .as fired at
the, the vehicle, 1 saw it coming towards me and l, um. vehicle then struck, struck the, the
front of my vehicle and the driver began to drive away. i didn?t know if my shots were
effective through the rear window. ran along and at that point the vehicle was. . .after it
struck my, my unit, it was in this position. So 

BY DENNIS, GRAND JUROR:

Q. Where were you standing? Dennis.

A. was standing in this general direction, sol can?t 

Q. Was your car door open?

A. i believe so, you know, because it would have. . .1 would have had to Open it to, to jump
out, and i don?t know if 1 closed it behind me or not, you know, sol remember, you know,
right before the, the vehicle struck, fired and the vehicle struck'my vehicle this way. And so

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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my camera is here in the center, so 1 must have been standing off in this direction, you know,
as the vehicle was coming towards me. So 1 fired the shots, you know, I felt my life was in
danger, you know. Everything slowed down and my vision was. . .l guess, and the Academy
tells us all ifyou go through an incident you?ll have tunnel vision and this will happen and that
will happen. And those things did occur. you know. My vision got really narrow. i couldn?t. . .I
don?t remember seeing anything else but the rear of the vehicle coming towards me. i didn?t
hear the shots. I believe I fired four shots in the direction of the driver. I remember the muzzle
going up and down, but i didn?t hear the, the shots. And usually if. . .and that stood out to me
because on the range i?ve, I?ve made the mistake of not putting my hearing protection on, and
the, the weapons are really loud, you know, so for being not to hear it was, was odd to me.

i didn?t know if my shots were effective after that because the vehicle began to drive
away, sort of at an angle, so 1 ran and 1 said, well, 1 need to stop it still. Sol ran and fired shots
at the right rear tire because 1 wanted to at least, you know, take out one of the tires in case,
you know, the vehicle kept driving it would be harder for them to get away.

The vehicle crossed the street and crashed into a wall there, and I remember dispatch

 

was asking me where. . .what my location was, sol remember yelling for. . .l remember looking
over at the street sign and calling out my location. 1 called for an ambulance, which is. . .we call
it a fifty?five, so I called for an ambulance and 1. . .after thatl remember yelling at the driver, let
me see your hands, let me see your hands. 1 used some, some curse words. i was really in that
emergency mode then, you know. Andi got the. . .I still had my Weapon drawn. 1 got the driver
[sic] out and 1 had him walk back towards me and do the, do the felony-type procedures, walk
back towards me, get down on your knees and lay on the ground, and at that point my, my shift
partner, Of?cer Sanchez, came up and actually handcuffed the passenger.

The driver wasn?t moving and believel called for an ambulance again. After that, I
believe Santa Fe PD got on-scene. There was two of?cers that assisted me. I went into the

vehicle and to. . .tried to check the pulse of the driver, and my heart I guess was beating so fast

 

when I put my hands on her, on her neckl couldn?t tell if it was my pulse or if it was hers. Sol,
I asked one of the Santa Fe PD officers if they could assist me. So we took her out and laid her

Regarding the Matter of the investigation of the Death ofieanette Anaya
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the ground, and they, they cut her shirt took it off, I can?t remember, and they
began performing compressions on her, and she was unresponsive. i remember telling. . .i gave
my keys to my shift paltner and told her 1 had a. . .2111 1D or AD in my trunk, which is one of
those electronic resuscitation units, but 1, 1 think she was a little frazzled, too, because she
didn?t understand whati was saying and she came back with something else. And, but at that
point the, the Santa Fe PD of?cers, i believe, were still doing compressions and things like

that. Shortly after, 1 was taken off-scene.

BY THE DISTRICT ATTORNEY:

Q. Officer, what l?d like for you to do is if you could stand up over here, and this is Calle
Cedros.

A. Okay.

Q. And this is Camino Carlos Rey.

A. Okay.

Q. And, you know, you did the PIT this way.

A. Mm?hm.

Q. Could you kind of. . .it?s crude, but could you kind of put. . .and this is the tire hydrant.

There was a fire hydrant and [inaudible 00:26:38]. This is quite alright. If the vehicle, you
know, the vehicle?s over here someplace. Where?d you stand when the vehicle was there?

Where were you standing? That?s the big question.

A. Yeah.
Q. Do you remember the position of the vehicles in your head?
A. Uh. . .not exactly. You know, it?s like 1 say, it?s in the frames, but, you know, after the

PIT, I was. . .we were somewhat perpendicular, you know.

Q. Okay, let me get another. . .exeuse me for one second. Let me just grab something real
quick.

GRAND JUROR: He can position the cars on a piece of paper.

DISTRICT ATTORNEY: Pardon?

GRAND JUROR: He can position with the plastic cars and a piece of paper.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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DISTRICT ATTORNEY: I think that?s what we ask. I?m going to show him.

BY THE DISTRICT ATTORNEY:

Q. Let me show you what?ll be marked as State?s Exhibit No. 6. This is a diagram that was
prepared by Sergeant Lauren Milli gan who?s going to testify Iater on, where he kind of puts the

approximate area of the vehicles. 80 let?sjust assume, for a moment. that?s the approximate

area. Okay. Here?s her vehicle and that?s your vehicle.

A. Min-hm.
Q. Okay? Where would you be standing?
A. As I, exited here and I remember approaching the vehicle this direction. You know, so

I wasjust standing right around here.

Q. Okay. Kind of put. . .you could just put it, please, where you, where you were, you were
standing more or less. . ..Okay, so can you just put like a little circle on this diagram, and that
would be where you felt you were standing at the time that you started shooting? Or when
you. . .when did you see the vehicle coming? You know, when did you perceive the threat, and
then where were you when you were shooting?

A. The vehicle, it was. . .I don?t know if, you know, and I don?t want to say anything that,
that?s untrue, but I don?t. . .the vehicle was in a space where it was moving towards me 
Okay.

because we were touching at first.

Okay.

And when I started shooting, the vehicle was actually moving back towards me --

Alright.



-- you know, so it wouldn?t know, I would be standing further in front of my
unit, you know, offto, offto the left side.

Q. So you would be in front ofyour unit more so?

A. Off to the Ieft here, because if I was in front of my unit, the, the camera would have,
would have showed me while I was ?ring, you know, and so after the vehicle. . .because the
vehicle started here, and she must have taken off, you know, and tried to move her vehicle

Regarding the Matter of the Investigation ofthe Death of Jeanette Anaya
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1 away, and then she backed up and it struck my unitthe side here when 
2 started firing. But this is. . .this would be where 1 started when 1 got out, you know of the, of the

unit.

U.)

4 Q. Alright, thank you [inaudible 00:30:13] set here. Do you recall.. . go ahead, have a seat

 

 

 

 

5 in the box. Do you recall how many shots were fired?
6 A. in total through the. . throughout the whole incident?
7 Q. Yes.
8 A. i remember ?ring approximately four shots initially. After that] don?t remember how
9 many 1 fired.
10 Q. When the vehicle. . .you know, the vehicle then went. . .you shot, then the vehicle started

11 to go forward, correct?
12 A. Yes.
13 Q. What were you thinking as the vehicle went forward?

14 A. I thought. . .1 was thinking, 1 was like, well, my shots must not have been effective at

 

15 stopping the driver, sol was like, the vehicle still needs to be stopped. 1 was already outside of

 

16 my unit, my weapon was drawn, so i thought 1 needed to really stop it, so 1 ran alongside it and

17 fired at the rear tire, the right rear tire.

18  Q. Why, why did you feel you needed to stop the vehicle?

19 A. I felt like at that point it was a situation where the, the driver was, was reckless and
20 intentionally trying to harm me, and i didn?t know if didn?t know what her state of mind
21 was at that point, you know, if she would try to injure someone else, so 1 felt like it was

22 imminent that 1 stop the vehicle.

23 DISTRICT ATTORNEY: Okay. So what, whatl would like to do now is 1 would
24 like to show the video. The video is about ?ve minutes long, and then after you see the video
25 then there. . .then you can continue to ask more questions. What] would like to do is if 1 could,
26 just take about a minute break to make sure 1 have the equipment running.

27 Okay.

28 DISTRICT ATTORNEY: Thank you. The time is now eleven, eleven. Thank you.

 

 

 

 

 

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Ix[Off the record]

CD 3
DISTRICT ATTORNEY: Okay, thank you. e?re back on the record. It?s eleven
thirteen. All the members of the Grand Jury are here including the witness, Officer Wilson, and
1 have just inserted State?s Exhibit No. 1. Well, actually I have it on my computer. but it?s
State?s Exhibit No. l, which is the Coban video that was introduced by Sergeant Aguirre. He
was the ?rst witness. So what I?m going to do is I?m going to play that for you now. Okay,
where am It that one. Let?s see. This one. And this one. not that, not that.
The State Police has a special Coban that you can only open videos with this player. There you
go. There we go. [Sneakers? 00:01:29]. [Inaudible 00:01 :31] stand up over here.

OFFICER OLIVER WILSON: [Inaudible 00:01 

DISTRICT ATTORNEY: There we go. We?ll see.
[Video]

2: Where?s all the sound?

DISTRICT ATTORNEY: The sound should be starting.

[Video in progress]

[Siren]

OFFICER OLIVER WILSON: Getting off on Saint Michael?s Driye right now.

[Siren ongoing]

DISPATCH: [inaudible 00:03 
OFFICER OLIVER WILSON: I?m not sure about the [inaudible 00:04:07].
We? re going about thirty miles per hour right now. [lnaudible 00:04:11]. You could call it
[inaudible 00:04:15]. And now we? re going by [inaudible 00:04:29] Street on Pacheco. She?s

at around seventy miles in a thirty-?ve miles per hour zone. [Inaudible 00:04:43] to get me.

We?re turning right on Siringo Road. We?re all turning right on Siringo.

DISPATCH: [Inaudible 00:04:54].
OFFICER OLIVER WILSON: [Inaudible 00:04:56] right now [inaudible

00:05:03] but I don?t know if we? re going to join, get permission to [inaudible 00:05:11].

Regarding the Matter of the investigation of the Death of Jeanette Anaya

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We?re turning off Siringo Road on Cedros [inaudible 00:05:28], heading towards Cerrillos
[inaudible 00:05:37]. it looks like we? re turning left on Camino Siringo. The vehicle seems to
be out of control. it?s going at speeds at about forty-?ve miles an hour [inaudible 00:05:55]
still on [inaudible 00:05:58] forty??ve miles [inaudible 00:06:04]. We?re turning right on
North [inaudible 00:06:10] Road. [lnaudible 00:06:21], one male and one female. Turning
right on Cedro Lane, turning left on [inaudible 00:06:32] Siringo. [inaudible 00:06:44] Cedro.
This is about forty miles per hour. [lnaudible 00:06:56]. [Yelling] get your hands up! Show
your hands! [Sixteen gunshots]. Open your hand! [Inaudible 00:07:13] anyway! Keep your
hands up! Keep your hands up! [inaudible 00:07:2l]l [Siren ongoing] Let me see your hands!
Let me see your hands! [lnaudible 00:07:40]. I?m going to give you [inaudible 00:07:45].
[inaudible 00:07:50].

[End of Video]

ATTORNEY: Okay. There?s also. . .l have another one where it?s at
much slower when the occurs. 1 don't know if that would help you to see that part again,
because it goes very quickly. Would you like to see it?

GRAND JURORS: Yes. Yes.
ATTORN EY: Okay.

Yes, a lot goes quickly at the end.
ATTORNEY: Yes, so that?s why it?s, it?s just the last part and it goes
much slower, so because it?s going at a slower speed, the voice will be you know, just
so you don?t. . .okay. Let me get that set up. It?s going to start right away with the [inaudible
00:08:53] --

[Slower Video Starts]
[Siren blaring]

[inaudible 00108158913 

OFFICER OLIVER WILSON: Get your hands up! Show me your hands!
[Sixteen gunshots] Open your hand! [inaudible 00:09:57] your hand!

[Slower Video Stops]

Regarding the Matter oft'ne Investigation of the Death of Jeanette Anaya
Grand Jury

Page 56

DDISTRICT ATTORNEY: Does anyone need to see it again? Do you need to take a

break to think a little bit? Want to see it again? You know. and there?ll be other witnesses and

we can replay it again if you need to.
GRAND JUROR: i?d like to hear his explanation of it again. From the
second he gets out of the car.

ATTORNEY: So, let me turn off? .let me turn the lights on. Let me just
turn 

BY THE DISTRICT ATTORNEY:
Q.

Jury, you had a question?

Of?cer Wilson, would you please. . .so would you. . .Mr. Grand Jury, you had a. . .Grand
BY DENNIS, GRAND JUROR:

Yes, Of?cer, this iS?Dennis.
Mm-hm.

Could you please go 

Yes, sir.

through it again the second that you get out of your car?

Yes, sir.

it is. . .l,i know [inaudible 00: i 0157] but could you just try to slow it down for us?
Yes, sir.

And step by step. i mean.

..yeah, please.

Yeah.

 

Whatever you, whatever you can doOkay. Asl said before the. . .my recollection is in frames and. . .so what i remember

clearly is, you know, i was out of the vehicle, um. . .and once i got out, you know, you can, you

can hear me shouting, you know, let me see your hands, and what 1 remember clearly, you

know, is the vehicle coming towards me, you know, the rear~end of my vehicle, once I got out.

And just to explain what my thought process was and what 1 usually do, on a pursuit, when i?m
doing a PIT maneuver, i?ll already have my seatbelt off because a thousand things can happen

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Ix.)

DJ

 

 
 
  
  
  
 
 
 
 
 
  
 
 
 
  
  
  
  
  

at the end ofa pursuit. You know. you don?t know what?s going to happen, if they?re going to
jump out and run, if they? re going to jump out and shoot at you, you know, any, any number of
things, you know, so i just prepare myself and in the past 1, would even take my AR
out of the, out of the rack, put one round in the chamber and put the AR between my legs, you
know. 1 did that on one other pursuit because 1 was in a remote area and my backup was
minutes away. Sol was like. well, if they get out and try to engage me. at least PM be
somewhat prepared, you know.

This time i didn?t do that. i didn?t feel like it was that level ofa pursuit. Yes, it was
fast, it was reckless, but I felt like, you know, backup was right around the corner hopefully, so
i didn?t have to do that. Butl prepare myself to get out of the vehicle, so as soon as the vehicle,
we came to a stop there, i was out. And, and that?s where, you know, the, the segments]
believe i was able to and move laterally somewhat, you know, as the vehicle was
coming towards me, but itjust happened that quickly, you know, so, you know, that?s the,
that?s the best explanation i can give, you know.

BY DENNIS, GRAND JUROR:

Q. Dennis. Did you 

A. Yeah.

Q. -- were you tiring through the rearview. . .or through the rear window, the rear
windshield?

A. Yes, sir. Yes, sir.

Q. At approximately the. . .where the driver would be sitting?
A. Yes, sir. You know, the. . .oh, l?m sorry.

BY A GRAND JUROR:

i had a question.
A. Yes, sir.
You said that you saw the vehicle coming towards you?
A Yes.

Q. Would the camera have caught that, with the vehicle coming towards you?

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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you 
Or is the vehicle backing when the. . .when we make the ?rst contact 

Right.



and then if you watch it you?ll see the. the second contact when the piece of the, the,
the driver?s. . .when you see the piece of the driver?s, um, 1 think it was a taillight. You?ll see it
fly over, over my hood.

Q. Yeah, [inaudible 00:14:21].

A. You know, so --
Q. was, 1 was a little unsure of that.
A. Yeah. 30 there was, there was the ?rst contact and then she must have pulled ahead and

then that?s when I saw her reversing back towards me. And 1, you know, i remember
everything. At that point it, it really slowed down dramatically and l, I was focused on that one
point on saying my life. You know, as a police officer you don?t think about saying your life
all the time? You know, you think about saying other people and helping other people and, you
know, that?s why, that?s why i got into police work to, to help people, but. . .you just don?t
think that people want to hurt you, you know. You know. Yes. ma? am?
BY GRAND JUROR:

Geri.

Mm?hm.

Q.
A.
Q. You gave the command 
A Min?hm.
for her to put her hands up 
A Yeah.

-- and then when you saw the car come back toward you, do you remember was it
rolling backwards or did it come back very forcefully, very suddenly, or somewhat in between?
A. It started slow and then it accelerated deliberately 

Q. Okay.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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x] Ln 43 U3

 

  
  
 
  

 

A towards me.

But she had it 

A Yeah.

Q. in reverse.

A Yes.

Mm-hm.

A it wasn?t like it was in neutral or anything. Yes, ma? am.
BY SHARON, GRAND JUROR:

Q. Sharon.

A. Mm-hm.

Q. Do you. . .would you know how many laws she. . .this person had broken at the time you

did the PIT maneuver?
You mean at the time?

Did you at. . .when you were in pursuit 

Min?hm.

how many laws did she break by the time before you even did the PIT maneuver?

Um, it was approximately seven stop sign and speed violations on every

major street, you know, so 

So those were all [inaudible 00:16:21] laws that she broke?

Yes. Mm~hm.

And was one of them a menace to the community? Would that be one of laws 

Uh 

a danger to the community?

Reckless driving.

Reckless driving?

When we were going over the Speed humps, I don?t know if you noticed the vehicle 
Yes.

you know, really lost control.

Regarding the Matter of the investigation of the Death of jeauette Anaya

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\DOO-alcrx

Mm?hm.
A. So if, if it had ended another way, then that would have been one of the, the charges,

you know, would be reckless driving.

Q. Okay.
A. Yes, sir?
BY BILL. GRAND JUROR:

l?m Bill.

Min-hm.

When I guess you started. . .you noticed the vehicle coming back towards you.
Yes, sir.

And then you fired.



A



A



A. Mm-hm.

And then her vehicle tried to reverse gears and started going forward 
A Yes, sir.
going away from you? And that?s when you tried to shoot out the tires?
A Yes, sir.
Then the people got out of the car?
A No, sir, they didn?t get out of the car. As I was. . .the vehicle drove away and i ran
alongside. it, and they was a rock wall there in front of a residence. The vehicle
crashed into that residence and they were still sitting in the vehicle at that point.

Q. And then when did they exit? You did say that they got out of the vehicle.

A. i got the driver out. i asked him to walk back towards me, you know. 1 got him out 
THE DISTRICT ATTORNEY:

Q. Excuse me, driver or passenger?

A. i got the passenger out,1?1n sorryl got the passenger out at that point. You know, using
verbal commands. I did have my weapon drawn and, and pointed at him, which is, you know,
what we do during, you know, a felony?type stop. You know, we?ll ask them to walk back

towards the sound of our voice and then, you know, turn around and walk backwards, you

Regarding the Matter of the Investigation of' the Death of Jeanette Anaya
Grand Jury
Page 6]

 
 
  
  
  
  
 
  
  
  
  
 
  
 
 
  

 

know.
BY BILL, GRAND JUROR:

Q. And then do you 

A. So -
Q. recall at what point your backup shows up?
A. As remember asking the. . .l walked the suSpect back towards me. i asked him to kneel

on the ground, and then asked him to lay on the ground, and then at that pointl remember my
shift partner coming up, Officer Sanchez, and handcuf?ng the, the suspect. . .the passenger.

Q. And the driver was still in their car?

A. Yes, and I remember one thing the and i didn?t include this before, l?m sorry the
passenger told me i kept telling her to stop, i kept telling her to stop. don?t even know this
woman. You know, which I thought was strange, you know, and, and, you know, I walked him
back anyway and, and, you know, he was handcuffed by my partner. She stood him up, I guess,
and 1 went back over to see about the driver. Yes, ma? am?

BY GRAND JUROR:

Q. [inaudible 00:l 9:28]. Did you ever at some point think that you shouldn?t even stop
that person? is that even an Option?

A. It didn?t enter into my mind to stop it. Usually that?s a supervisor?s call, and
they'll call us over the radio and say, hey, you know what? it?s not worth it. Just stop it. You
know, but 1 never, 1 never heard that and, you know, that never entered my mind at that point. I
wanted to stop it using, you know, the PIT maneuver, you know, to stop them from, from

?eeing. Yes, sir.

BY GRAND JUROR:

You called for backup on your way there.

A. Mm-hm.

Was there any response from any other agencies or any [inaudible 00:20:15]?
A Um . ..

Q. Seemed like they were on the way to help you out or. . ..

Regarding the Matter of the Investigation of the Death ofJeahette Anaya
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43You know. I don?t. 1 don?t remember the radio chatter. l-do remember asking for help
and for a supervisor. But as far as the specific response, 1 don?t remember that.

BY DENNIS, GRAND JUROR:

Dennis.

Yes, sir.

The help that you asked for was from your dispatcher, right?

Yes, min-hm.



Do your calls go through the, the Sheriff? 5 Department picks them up also, orjust the
State Police?

A. They do, the Sheriff Department is able to scan us and I believe some of the police PD
units are able to scan our, our radio channel. So when we call out a traf?c stop they can hear us
and a lot of times if we need assistance and one of our own is not nearby, our dispatch will call
the, the SO and, and they?ll get them going towards us. Excuse me. [Clears throat] Yes,
ma?am?

BY GRAND UROR:

Q. From start to finish 

A. Min-hm.

Q. [inaudible 00:21:18] up to [inaudible 00:21:19] and 1 count about ?ve minutes. 13
that about right? I

A. I think so, five to six minutes. Yes, ma?am. Yes, ma?am?

BY GRAND JUROR:
l?m Shirley.

Mm?hm.

Q.
A .
Q. At what point did you. . .I mean, made you, you said that everything was slowed down.
A Mm-hm.

Is that the point at which you felt it?s survival?

A I felt like my, my life and, life and limb was in danger. You know, Ll didn?t want to,

you know, be crushed between the vehicles, between mine and hers. And, you know, I wanted

Regarding the Matter ofthe Investigation of the Death of Jeanette Anaya
Grand Jury
Page 63

wanted to just. to survive and what I?m. what I?m told by I

that when your body goes into emergency mode

happens.

Q. Yes. 80 

A. Right.

Q. saw that car coming at you?
A. Yes, ma?am. And I,

you know, even during the pursuit was calm, you know.

guess the, the science of it is

like that. those are some of the things that

you stepped out of the car and you were ?ne, you felt ?ne until you

I didn?t, I

didn?t expect to use deadly force, you know.

DISTRICT ATTORNEY:
witness be excused?
FOREPERSON: Yes.
DISTRICT ATTORNEY: Than
Okay.
DISTRICT ATTORNEY:
Hold on, I think.
DISTRICT ATTORNEY:

FOREPERSON: Raise your 

Are there any other questions of this witness? May this

you, Officer. [Whispering] Mr. Munoz.

[Click]. These doors.

Whis erino so ou?ve otMr.Mu?oz?
a: 

and, please. You do swear or affirm that the

testimony which you are about to give is the truth under the penalty of law.

JEREMY MUNOZ: Yes, I do.
DISTRICT ATTORNEY:

Regarding the Matter of the Investigation of the Death of Jeane
Grand Jury
Page 64

[Whispering] there?s some tissue there.

tie Anaya

l?J

L3TESTIMONY OF JEREMY MUNOZ
BY THE DISTRICT ATTORNEY:
Good morning, sir.
Good morning.
Would you please state your name for the record?
Jeremy Mu?oz.

How you doing today?



A



A



A. I?m doing okay.

You alright?

A Yeah.

This is different, isn?t it.
A Yes, it is.

So, Mr. Mu?oz, I?m going to ask you about what happened to you late November 
early November when you were riding with sorry, Jeanette Anaya.

A. Yes, ma? am.

Q. So ?rst of all, let me just kind of start, back up a little bit. How long have you known
Jeanette Anaya??

A. I?ve known Jeanette for about seven years, probably.

And how did you meet Ms. Anaya?

I met Ms. Anaya. She was actually my neighbor in the condo complex that I live in.

Okay. And did you, did you get. . .become friends?

Yes, we did,

1.0?43??

Okay, I asked you this before, but I?m going to ask you again. Were you
girlfriend/boyfriend at anytime?

A. No, ma? am.

Q. Okay. So you?re just good buds.

A. Just good friends.

Q. Alright, that?s cool. But you spent time vvith her?

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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2

~41 Ch U.)

00

 

 

A. Yes.

Q. But she spent time with you and your family?

A. No, not with me and my family, but me and daughter. She had been around, yes. My
daughter lives with, you know, me and her mother part?time so we have, you know, joint
custody. So she would spend time with me and my daughter, yes. ?30 family, yeah.

So in November of 2013 was Ms. Anaya still living in that condo complex?

No, she was not.

Where was she living?

She was living with her parents.

And where do her parents live?

apepap

i?m not sure exactly the street, but it?s right off of, um, Yucca Street. [Knocks against
something] whoops. Itis right off of Yucca. I?m not sure, if you pass right there by the tennis

courts at the high school?

Q. Yeah.
A. Right there you make a, a left?hand turn and it?s down that way. I?m not sure the exact
roads but. . ..

Q. Okey?doke. Did Ms. Anaya work for a living? Do you know if she had a job?

A. Yes, she did. She worked at the Dr. Field Goods Cafe. It?s at the little plaza right there
where Big 5?s at.

Q. And did Ms. Anaya have a boyfriend that you knew of?

A. Um, I know she had. . .she was seeing a guy she had mentioned, but I?m not too sure if
they were, you know, how serious they were or what, butl had never met the, you know, the
gentleman or anything like that. 1 had just, you know, gone off of, you know, just hearing, you
know, some phone calls and conversations like that, but never really, you know, said too much
about that, no.

Q. So the night of the what time did Ms. Anaya come here?

A. It was actually on the morning of the which would be, you know, it was probably
twelve thirty, I?m assuming twelve thirty. As I said, there was an altercation at the house. 1 was

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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Page 66

 
  
  
  
  
  
 
 
  
 
 
 
 
  
  
  
 
 
 
  
  

outside with the Santa Fe PD. and that?s when she showed up right shortly after that. So it was

about 12:30.

3 Q. Okay, so there is no confusion, you?re talking there was an altercationthe condominium?

6 A. Yes, at the condos, actually. at my neighbor?s house right across. That?s the reason that

7 was awoke. 1 mean, woke up at that time. 1 was actually getting ready for bed and heard a

8 loud bang against the door. 1 go outside, you know, and my neighbors had actually, you know,

9 were in an altercation with some other people, and so anyway 1 was outside and 1 had spoken
to with, you know, the police of?cer, Santa Fe PD of?cers and just gave them a statement as to

what i saw, you know, and what went on. And shortly after that, like 1 said this was about
twelve thirty and 1 went in, you know, back intothe house and wasjust, you know, getting
ready to lay back down and that? when Jeanette came and knocked at my door and asked if 1
could give her a hand, and i said no problem.

Q. Give her a hand how?

A. Filling up her tires. She [inaudible of her tires, actually two of them
were low but one of them was, you know, in need of some air and she asked me if 1 could go
with her to the station to go put air in. I said, you know, sure. I wanted to get a pack of smokes
anyway, so i was like you know what? i said sure, 1 said I?ll go get a pack of cigarettes and I?ll
help you put, you know, air in your tire.

Q. So where?d you go?

22 A. We went down to the. . .to i believe it?s a Giant believe it?s a Giant. Anyway, it?s
right on the corner of Baca Street and Cerrillos Road.
Q. Right across from Tecolote??

A. Right across from Tecolote, from the new Taco Bell. We went there. 1 had ended up
forgetting my wallet so i was unable to get the cigarettes, but we ?lled up the tire and that? 
where we were at. Did you want me to continue from. um 

Q. Continue from there.

Regarding the Matter of the investigation of the Death of .ieanette Anaya
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42-min.)

U1

a3

 

 

 

A. Anyway, we left from the gas station, we left from Baca Street. We hit the stOplight at -
Baca, we crOSSed over Cerrillos Road. We got onto Alta Vista Street. We were heading up on
Alta Vista. As we got closer to the intersection of Alta Vista and Saint Francis, the light was
red, so we started to come to a slow. . .to stop at the red light. But the light turned green before

we had even got to the intersection so she accelerated and made a right?hand turn onto Saint

Francis.
Q. Okay.
A. And as soon as we made the right onto Saint Francis, the police of?cer got behind us

and turned on his lights. There was no sirens or anything, but he turned on his lights and got
behind us and at that time Jeanette, we went off into a little like residential area back there.

Q. Min-hm.

A. And anyway, we started going around and, you know, that?s when was like, you
know, what?s going on? Or like, you know, because she didn?t want to stop and that? when
she informed me that, you know, she didn?t want to stop because she had a warrant and she
didn?t, you know, tell me what the warrant was for or anything, but, so anyhow, she continued
to drive. At that point We almost got back. . .because it?s like a roundabout. i mean, not a
roundabout, but it?s like a, almost like a horseshoe around that little neighborhood that we
were in. Anyway, so We almost got back to the intersection of Saint Francis, and that? when
the police officer, you know, turned on his sirens and, you know, and at that time we started,
you know, the, the speed. We got. . .from that point we turned right onto Saint Francis, and
that?s when, you know, the speeds increased and we went. . .from Saint Francis we went down
Saint Francis, we got off onto Saint Michael?s, and then from Saint Michael?s we went up
Pacheco Street, and then from Pacheco then we made a right onto side. . .or what is it, Siringo?
Sorry, yes. We made a right onto Siringo and then went down on Siringo and right after the
intersection of Yucca and Siringo there?s a right-hand turn. I?m not sure what the street is, but
we took that right?hand turn and went around a bunch of roads.

Q. Right?hand or left?

A. I?m sorry, a left. I?m sorry.

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 U[inaudible 00:32:52] 
Well, yeah.

take your time. Now, I know you?re nervous.



I?ve just got a lot going on, too, you know. Didn?t get too much sleep last night but,
anyway, so we made a right-hand tun 

Q. Left?hand turn?

A. Sorry, left?hand turn. went through all of those little back roads. Likel say, I don?t
even know which.. .l?m not too familiar with the streets, you know, but anyway we Were, you
know, going through that back road, and the whole time, I mean, the officer?s right behind us
and at one point, you know, we came around and we were making a left?hand turn and that?s
when it felt that we lost control of the vehicle. We kind of like spun around, and that?s when
the of?cer made contact with the vehicle at that point. The car, our vehicle, was pushed up
against like a fire hydrant curb, and the of?cer kind of hit us [moves something]. . .l?m sorry
about that. The of?cer hit us here, like kind of like that. So he kind of hit like the
back corner of the vehicle.

At that point, Jeanette backed up, made contact with his car, and as we tried, as we
tried to drive off and pull forward to leave the scene is when the shots opened, you know, he
started. . .the police of?cer opened fired on us and at that point the vehicle went this way and
we hit a wall, a cinderblock wall, and that?s where we came to rest, I guess, you know?

Q. So as the police of?cer was driving, I mean pursuing even. Jeanette?s driving the

vehicle. The police of?cer is behind you.

A. Yes, ma?am.
Q. Are you telling Jeanette anything? What are you telling her?
A. I?m telling her to please stop. I said just please, please just stop, you know. I said, you

know, a warrant, I said I promise I?ll go get you out of jail, you know, ljust, was just pleading
with her to stop, you know. It wasn?t worth, you know, and at the time I told her you know,

you know, this. . .he?s not going to. . .he?s not going to back up. I-le?s not going to let you go,
you know. I said he?s not going to stop, you know, so, but I just kept pleading with her to

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LD 

U1

 

please stOp and she was just so deathly afraid of going to jail that. you know. . ..

Q. Did she think the pursuit was going to stop at any point?

A. Yes, she did. She said that. . .she mentioned that, i mean, towards in the beginning of
the whole thing when we ?rst started on the. . .when the Speeds got increasing, when we got
on. . .back onto Saint Francis from the little residential area, that?s when everything started.
And she?s like, They? re not supposed to chase you. They? re not supposed to chase you. Sheis
like, l?ll just deal with it when get back to the house. She?s like, They can pick me up. They
have my license plate. And was like, You?ve got to stop and. . ..she didn?t want to go to jail.
Q. Do you know why she was saying they? re not supposed to chase you?

l,,l don?t know.

Okay.

i don?t know.

A



A

Q. So were you afraid?

A Yeah.

Why didn?t you jump out of the car?
A Going seventy??ve, eighty miles an hour. know, i would rather just sit there and i
didn't think. you know, any. . .that the outcome was going to be that, you know. i mean, given
the options I honestly don?t know.

Q. So, Mr. Munoz, would you look at this. . .at State?s Exhibit No. 5 right here. Oops. if

this is Calle Cedro, you know, and let?s just say this is where the PIT occurred?

A. Min?hm?

Q. Do you remember the position of the vehicle when you stopped? When you stopped.
Your vehicle?

A. Mm-hrn?

Q. Do you remember?

A. Mm?hmgreat artist. Can you just kind of draw wherever your vehicle
was?

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U1 UJ

~40

 

 

 

 

 

 

 

 

 

 

 

 

Sure.

.lust put a box, yeah, just to show us where your vehicle was. Okay, now, if this 
This is, this is 

yellow thing is the 

a house? A tire hydrant?

I-Iere?s the ?re hydrant. This, you know 

A



A



A



A. It?s so hard to get our vehicle stopped [inaudible 00:37: I 

Okay. Where was the police of?cer?s vehicle?

A The police officer?s vehicle I want to say was about right here.
Alright. When the police of?cer started shooting, did you see him?
A Say yeah.

Okay. What did you see?

A What I saw was at the point when we stopped, and, like I said, at the, at the time that
we. . .the vehicle was stopped here, the police of?cer was standing here on the side of the
vehicle, on the driver?s side of the vehicle, standing by Ms. Anaya?s window.

GRAND IUROR: We can?t See all this.
DISTRICT ATTORNEY: Oh, I?m sorry. I apologize.
JEREMY Let me make.

DISTRICT ATTORNEY: Is that better?
GRAND JUROR: Thank you.
DISTRICT ATTORNEY: I apologize.

A. So our vehicle, the police of?cer?s vehicle, the police of?cer was standing on the side
of our vehicle at the time when, you know, after everything stopped, after the collision and
everything, after we stopped. The police of?cer, you know, jumped out of the Vehicle. I?m
assume. . .I mean, I didn?t see him exit the vehicle, but the next thingI know is we?re backing
up. We strike the of?cer?s car. At that point he?s standing on the side ost. Anaya?s window,
and that?s when he has his weapon drawn and ready, and he?s telling me to stop! You know,

stop, stop, and at that point, like I said, we had already backed up, we made contact with the

Regarding the Matter oftlie investigation of the Death of Jeanette Anaya
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Ex.)

U.)

\DOOxJO?ikh?l??-

police officer?s vehicle. just enough in order for us to pull forward and start driving away from
the scene. At that point when we start driving away and when we start turning this way, and
he?s already behind the vehicle, i can see him standing behind the vehicle and that?s when the
shots start.

BY THE DISTRICT ATTORNEY:

So where. . .when, when did the shots start?

As we?re pulling away.

As you?re pulling away.

Yes, ma?am.

Do you remember when they stopped? it you don?t remember [inaudible 00:39:25].



i don?t. No, i don?t remember. I mean, like I said, I mean ljust heard a bunch of shots,
and the next thing you knew we were up against the wall, smoke, glass. That?s what i
remember about [inaudible 00:39:41]. At that point, it got kind of, you know, kind of
[inaudible 00:39:49].

Q. Sir, Mr. Munoz, did. . .when the PIT maneuver occurred, did Ms. Anaya say anything?
Do you recall her saying anything?

A. She was saying, uh. . .[upset] excuse me. She was saying, Please stop. Stop. She was
referring to the of?cer to stop. She?s like, What are you doing? Stop, stop, you know. She

couldn?t understand, i guess, why he was ramming us or why, you know, he did what he did.

Q. So, and that?s when the PIT maneuver occurred and then you hit, you know, basically
the curb.

A. Right.

Q. Did she say anything from that point on? If you recall. l?m not asking you to make

anything up. it?s only what you recall.

A. That?s like I say, at that point when he hit us and we went up against the curb, that?s
when she?s saying, Stop! Stop! What are you doing? And then after that it wasjust, I don?t,]
can?t really recall exactly what, i mean, was said between either one of us. i can?t even
remember what I was saying at that time, i mean.

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Q. Do you have any recollection of Ms. Anaya being shot?

A. Um, I didn?t see. . .I didn?t see her, of course, because I was in fear for my life and I was
pretty much up against the ?oor, but, yes, I did see when we came to the stop and alter, you
know, I was pleading with the of?cer to please stop. Enough was enough, you know. My
hands out the window, just telling him, you know, to stop. Enough. And he kept yelling and
so I looked over and that?s when I saw that she?d been shot [crying] 

Q. Did she make any noises or yell at all when the shots started, do you recall?

A. I don?t recall.

Q. Do you have any recollection of how many shots were ?red? And if you don?t, that?s
okay.

A. I know it was a lot.

Q. Urn. . .I have no further questions ofthis witness. Do members ofthe Grand Jury?
BY SHARON, GRAND JUROR:

Sharon. When you hit the wall at the very end --

Yes.

what was your position in the car? Were you under the dashboard or --
I was 

did you put your head down?



At that point I was pretty much tucked as far down to the corner between the door, the
seat, kind of, you know like your passenger seats. You know, your sitting passengers. So I
went down this way.

Q. Min?hm.

A. You knowagainst the floor and up against the door. I figured, you
know, that was probably my safest place.

Q. Mm~hm. So, you weren?t wearing a seatbelt. Did you have the seatbelt on at that point?
And then, so at what speed do you think when you hit the wall? Was it really ajar? Did it
break the windows?

A. I really honestly can?t, you know, really recall. ButI know we did hit it with some good

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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ixforce. you know. I can?t say. Like I said. between, you know, everything that was going on, 1, I
really can?t, you know, honestly be totally correct, but I know it was a good impact against the
wall, yes.

Q. Okay.

A. Min?hm.

BY LINDA, GRAND JUROR:

Q. Linda. You were saying after your car had stopped and the police officer was walking

towards the driver?s side of the vehicle?

A. Yes, ma?am.
Q. How far had he gotten when you were in the process of reversing? as he right by 
A. He was, he was standing, he was standing so the vehicle. . .our vehicles parked up

against the curb like this, like I said up against the fire hydrant. The of?cer?s standing right

here.

Q. And that?s before you ?ed the car or anything. So, i mean, in regards 

BY THE DISTRICT ATTORNEY:

Q. Just a [inaudible 00:44:31], so the record?s clear. You?re pointing to an area by the

driver?s side.

A. Correct.

Q. Okay, just for the record.
A. Yeah. Driver?s side.

DISTRICT ATTORNEY: Go ahead, go ahead, again, I apologize.
BY LINDA, GRAND JUROR:
Q. So you, when you were in reverse, the police of?cer was standing by the driver?s front
window. I 
A. Yes, ma?am.
Q. Okay, when were the. . .when did you hear the ?rst shots?
A. 1 was actually looking back. . .as we were driving away I was looking back, and that?s

when I saw him standing there with the gun, and that?s when I heard the ?rst shot --

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Q. [inaudible 00:44:59] all in the process ofrnoving forward 

A. Yes, ma?am.

Q. when you heard the first shot?

A. Yes, ma?am.

Q. thinkjust to reiterate, Jeremy. When you guys were backing up, he was not ?ring at
your back.

A. No. Shot?s didn?t. . .shots didn't start untii, like i said, as we started to leave the scene,

and that?s when the first shots came in, or were from, i could see him standing there. I looked
back because, like i said, we. . .i know we made contact with the vehicle, and as we started to
pull forward was looking back, and that?s when, like i said, the shots ?re started.

BY DENNIS, GRAND JUROR:

Q. ls there any doubt in your mind about, about what happened?

A. No doubt.

BY THE DISTRICT ATTORNEY:

Q. So, Mr. to it will be real clear, is it possible when you saw the
of?cer. . .let me just [inaudible 00:46:09] [goes to map]. Again, to make sure this is clear
enough. You know, here?s the poiice of?cer?s car. Here?s your car.

A. Uh-huh.

Q. Is it possible that she?s. . .Ms. Anaya?s backing up as the officer is approaching the

vehicle? is that a possibility? i?m not asking to put words in your mouth. ljust want to make

sure.
No.
Q. So 
A. 1 mean 
Q. Okay.

as, like I say, and, you know, this is from us hitting the wall and everything. I mean,
not the wall but the curbs, coming to a stop at the fire hydrant. As far as I know I look over 
and I mean this is what I remember I look over and that?s when i see him standing at the side

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43mm

U1

 

 

 

 

of the window yelling at her, Stop, stop, put your hands up. you know all the, all that stuff, and
that?s when, like said. we backed up, made contact with his vehicle. As we started to pull
forward, that? when. . ..

Q. When the vehicle came to a final resting place at the wall, did you see the officer go to
the driver?s side window? You know. when, when you hit, you know the of?ce [sic], didn?t
he. . .did the officer go to the driver?s side at all?

[No verbal response].

Okay, just wanted to make sure. Alright.

After, after 1 told him that, that he had shot her.

Okay, and then what did he do?



He went around to the other vehicle because I was, like I said, at that point, you know, 1
was just pleading with him to please stop. 1 had my hands out of the window. 1 was pretty
much hanging out of the car telling him, Please, just stop! At that point he kept yelling and
yelling, you know, and I ?gured, you know, he was talking, you know, he wanted both of us to
put our hands up, so at that point that?s when like I said I looked over and I saw that, you
know, she was just slouched over like that. And that?s when I told the of?cer, 1 was like, You
shot her, she?s dead, 1 was like. you know, and. . ..That?s when he ran around to the other side
of the vehicle and kind of went like that with his gun, you know, and got out the rest of the
window, you know, because it was already shattered anyway, but he like knocked all the glass
out and that?s when he checked, i guess, you know, and looked in the car and saw that, you
know, she was slouched over, and that?s, you know, when I?m assuming he ran back like
towards the opposite side of the vehicle, like where was at, where his car was parked and
that?s when, you know, everybody else showed up, all the other police of?cers, and I was just,
you know, begging with him to please get DENNIS, GRAND JUROR:

Q. Dennis. When Ms. Anaya backed up and then contacted the police vehicle --

A. Yes, sir?

Q. Where was the of?cer?

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Ch

 

A. I?m sorry?

Q. Where was the officer standing?

A. He was standing on the side of her ve. . .he was standing like that, more
parked up against the curb. The ?re hydrant?s here, police of?cer standing right here on the
side, pointing the gun into Ms. Anaya?s window. telling us, you know, to please. . .to stop or,
you know, put your hands up, that kind of stuff. As we backed up, made contact with the
vehicle, then we drove forward.

BY GERI, GRAND JUROR:

Q. Geri. Do you know or recall anything she said when she started to back up?

A. At that point, like I --

Q. And why did she then?

A. 80 we could leave.

Q. [Inaudible 00:49:56].

BY THE DISTRICT ATTORNEY:

Q. Mr. Munoz, let me ask you this, at any time did you tell a police officer -- just so that

there?s no confusion that you. . .did you ever tell a police of?cer when she you had
said to Ms. Anaya, Watch out, stop, there?s a police of? cer behind us. Did you ever say that?
A. I don?t, I don?t recall saying that. Like I said, I mean, there was a lot of confusion and
stuff, but I do not recall ever telling her to watch out, that there was a police of?cer behind us.

I don?t remember saying that, no.

Q. Okay.
BY BILL, GRAND JUROR:
Q. Bill. Do you recall saying after the whole incident had happened that you didn?t know

Ms. Anaya, tha 

A. I honestly, you know, I don?t recall saying that, no. Like I said, I mean
everything was just so confusing and, I mean, at the point when all of it happened and we came
to a stop, I mean I didn?t even know whether I was shot, whether I was hurt. I mean, that is all
like, you know, it?s kind of a blur to me at that point. The first thing, like I said, I do remember

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U.)

 

is, is, you know, just pleading with the police of?cer to please stop and to please, you know,
just get me out ofthe vehicle. And that's, like I say, I?m not too. you know. during the whole
incident I?m not sure. Like I was telling, you know, Ms. Pacheco, I don?t remember what my
words were to her, what her words were to me. I mean, I don?t even know if we were
conversating at that point or not. I?m not sure.

BY THE DISTRICT ATTORNEY:

Q. You know, Mr. Munoz 

A. Yes, ma?am.

Q. You know, in your, your statement to the police you told them that you didn?t know
Ms. Anaya?s last name. Do you remember that?

A. [No audible reSponse].

Q. Did you know her last name?
A. I knew Ms. Anaya?s last name, yes.
Q. Because you put that you didn?t even know her. You stated basically. . .where is it?

You?re asked by Agent. . .or Sergeant Aguirre, ?Who is the driver? What?s her name?? And
you said, ?Jeanette.? Mr. Aguirre says, ?Jeanette?? And you say, ?Yes.?
Sergeant Aguirre says, ?Do you know her?? And then you say, ?Ijust found out her last name,
which was Anaya.? Sergeant Aguirre says, ?You never knew her last name?? And you say, 
didn?t know her last name, no, sir.? And then the of?cer asks you, ?Who told you that her last
name was Anaya?? And you said, ?The officer that was here, the other State Police of?cer,
because he asked me. He asked me if I knew more or less what her name was, and I thought it
might have been Vigil.?

A. Yeah, I thought. . .I didn?t think, you know, in the. . .I wasn?t too clear on at that point,
you know, like I say, I do remember. . .recall him asking me the question, but at the time, I
mean, I was so shaken up and so terri?ed and, I mean, I, I. . .but I mean I?ve known, like I said,
I?ve known Ms. Anaya for, you know, seven years or so, so I know, you know, that. . .I mean, I
know her pretty well.

Q. Let me. . .just one other place. [Looking through transcript] okay. In your statement

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LJJ



 

again to Sergeant Aguirre. there?s describing what?s going on.
A. Mm-hm.
Q. And it says, and this. . .here?s where the confusion is coming, and I need you context for us, alright?
A. Yes, ma?am.
Q. And you?re asked, ?And did you see the of?cer exit the vehicle, his police car?? Your
response was, I, I didn?t actually. You know what? When we backed up I saw him standing
outside. I didn?t see him exit the vehicle. I didn?t see him jump out or nothing, but when
she. ..when we went over like that, like I said when we impacted, I looked back and that?s
when I felt the officer hit us. And then, like I said, the car felt like it rolled forward a little bit
and she tried to put it in reverse, and I looked back and I could see him standing outside, and I
said Stop. What the hell are you doing? Stop, stop, you know. And he had a gun drawn and he
was telling her, Stop! Stop! And she, boom, tried to take off.? Who are you saying, And I said
stop? Are you saying it to Ms. Anaya or are you saying it to 
A. No, I?m saying it to Ms. Anaya.
Q. Okay. Alright.
A. I?m telling her to stop. I mean, you know, and that?s pretty much what I told her the
whole entire time of the whole thing, you know, as that was going on, you know. I wasjust,
like I said, pleading with her to stop, you know. I mean I told her, you know, a warrant. And I
told her, I promise I?ll go get you out ofjail, I mean, you know, whatever, you know. Just stop
and, you know, I have, I have a daughter, you know, I mean. I?ve got to be around, you know?
was just like. . .and as I was saying, you know, earlier, I actually didn?t, you know, see
him, like I say, exit the vehicle.
Q. Min?hm.
A. But I do know that he was standing on the side of our vehicle pointing a gun into
Jeanette?s window, which would be the driver?s side window.

DISTRICT ATTORNEY: Member?s of the Grand Jury, any other questions? May
this witness be excused?

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
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FOREPERSON: Yes.

DISTRICT ATTORNEY: Mr. Mu?oz, if. . .you?re excused now but don?t leave.
JEREMY MUNOZ: Okay.
DISTRICT ATTORNEY: Don?t leave and I?ll, I?ll visit with you out there.
JEREMY MUNOZ: Okay.
DISTRICT ATTORNEY: Okay, so ifyou have to step out now, sir.
JEREMY MUNOZ: Okay.
DISTRICT ATTORNEY: Thank you for your testimony. Just wait for me in the
hall, okay?

[Inaudible 00:57:04].

DISTRICT ATTORNEY: Wait, wait, wait. Do you have a question, ma?am??

I have a question for you.

DISTRICT ATTORNEY: Okay. Well, thanks, Mr. Munoz.

I?m sorry?

DISTRICT ATTORNEY: [inaudible 00:57:14]. Just a second. I?ll be right out there.
Yes, Yes.

DENNIS, GRAND I know, all the otherjuries in the past we always
had a target.

DISTRICT ATTORNEY: There is no target.

What are we doing?

DISTRICT ATTORNEY: All you have to do is you?re going to hear
evidence as to whether or not it was ajustifiable homicide by a police of?cerwe?re having kind of like a trial here, right?
DISTRICT ATTORNEY: It?s no trial. It?s the same thing, you?re reviewing the
evidence and you?re making a decision as to Whether or not it was ajusti?able homicide. It?s
either yes it was or not it was not. It?s a police shooting. We always bring police shootings to
the Grand Jury for the Grand Jurors to review it, for everyone to decide. You represent the

Regarding the Matter orthe Investigation of the Death ofJeanette Anaya
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Scommunity. Because if I were to do itjust on my own and not bring it to you, people would

think I?m trying to cover up something, and so this way I bring it to all of you to make a

decision.
Well, yeah but he thought you were giving testimony for somebody else.
DISTRICT ATTORNEY: Who?
Oh, I don?t know. It was like you were quoting somebody 
DISTRICT ATTORNEY: Oh, was 
-- that we hadn?t heard before.
DISTRICT ATTORNEY: Agent Aguirre. He was the ?rst witness.
GRAND JUROR: He was the ?rst one.
GRAND IUROR: He was the first witness.
What, yeah, buti don?t remember him saying it up there.
DISTRICT ATTORNEY: Oh no, no. I was talking about his statement that Mr.

Munoz gave.

Okay, I was just 

DISTRICT ATTORNEY: Yeah.

-- saying that. . .I was confused.

DISTRICT ATTORNEY: No, I understand, sir.yes, ma?am?
GRAND JUROR: I Can we look at the Video one more time, ma?am?

DISTRICT ATTORNEY: You may look at it as often asyou want. And you?d like

to do it right now?

GRAND JUROR: I would ifyou don?t mind.

DISTRICT ATTORNEY: Sure, no problem.
GRAND JUROR: ?You want to see the [snowball, Sharon? 00:58:45]?
DISTRICT ATTORNEY: Let me just. . .do you want to see it from the very
beginning or do you want to see it 

GRAND JUROR: Just towards the end.
GRAND IUROR: Towards the end in slow motion.

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U)

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GRAND 
GRAND JUROR:
GRAND JUROR:

The end. yeah.

Yeah.

The slow?motion one.

DISTRICT ATTORNEY: Okay.

GRAND JUROR: The slow or [inaudible 00:58:58] 
GRAND JUROR: That?s the 

GRAND JUROR: that?s What [inaudible 00:58:58]?
GRAND JUROR: We should do that, yeah.

DISTRICT ATTORNEY: Okay.

GRAND UROR: And you really can?t hear the shots in the --

GRAND JUROR: Right.

GRAND JUROR: -- in the slow motion one.

GRAND JUROR: Oh, 1 see.

GRAND JUROR: I want to see it again.

GRAND UROR: Okay, okay.

GRAND JUROR: Yeah, you can.

GRAND JUROR: They?rejust slower.

GRAND JUROR: I didn?t hear it.

GRAND JUROR: You could hear it 

GRAND JUROR: Yeah.

GRAND JUROR: Yeah.

GRAND JUROR: When it?s near me [inaudible 00:59:]3] 
[Laughter]

GRAND union: Hey, I?ve lost a lot hearing.

GRAND JUROR: I counted one.

GRAND JUROR: [Inaudible 00:59:16].

GRAND JUROR: You did?

GRAND JUROR: Yeah.

 

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GRAND JUROR: When you?re young it?s [inaudible 00:59:21].

DISTRICT ATTORNEY: And then I know you all have lunch, so want to go lunch.

I?m trying to. . .we have a bunch ofwitnesses this afternoon, too.

FOREPERSON: This is important, so. . ..

GRAND JUROR: Yes.

GRAND JUROR: It?s winding now.

DISTRICT ATTORNEY: Great. Okay.

GRAND JUROR: Ms. Pacheco?

DISTRICT ATTORNEY: Yes, sir.

GRAND JUROR: Do the [inaudible 00:59:36] have their take on this?

DISTRICT ATTORNEY: I am sorry, I can?t comment on this, [though? 00:59:40].

GRAND JUROR: You can?t comment.
GRAND JUROR: Yes, can I ask will there be. . .was there any sort of toxicology on
her done or will there 

DISTRICT ATTORNEY: There will be witnesses that will . . .this afternoon that will

address many of those questions.

GRAND JUROR: Okay.
GRAND JUROR: [Inaudible 00:59:53].
GRAND JUROR: Are we going to. . .is it okay to ask what the warrant was? Did

she have a warrant?

DISTRICT ATTORNEY: Min-hm. And that, that?ll be this afternoon.

GRAND JUROR: [Inaudible 01:00:00].

GRAND JUROR: on yeah.

?5

DISTRICT ATTORNEY: Oops, now I have to wake this guy up. Let me ?nd. . .so
I?m going to be playing the slower video, and it?s going to start, so here we go. Let mejust get
it going.

[Slower video starts]

[Siren blaring]

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L1.)



 

 

OFFICER OLIVER WILSON: Okay, now. we?re being [inaudible 01:01:12].

DISPATCH: [lnaudible Ol:01:l9].

OFFICER OLIVER WILSON: [Shouting] Get your hands up! Show me your

hands! [Sixteen gunshots] Show me your hands! Give me your hands!
[Slower video ends]

DISTRICT ATTORNEY: And there will be other witnesses this afternoon who will

address the accident, the evidence at the scene, to assist you in making your decision.

GRAND JUROR: Can 1 ask a question?

DISTRICT ATTORNEY: Sir?
GRAND UROR: The. . .was there a shot through the moving passenger window?

DISTRICT ATTORNEY: There will be witnesses this afternoon who will be able to

answer many of those questions.

GRAND JUROR: Okay.
DISTRICT ATTORNEY: Yes, ma?am?
GRAND JUROR: [Inaudible 01:02:42] back up the car, turn it around to leave

[inaudible 01 :02148]?

DISTRICT ATTORNEY: I can?t answer that question for you.

GRAND JUROR: They were probablyjust trying to get away.

DISTRICT ATTORNEY: Let?s let, you know, this is part of your deliberation 

FOREPERSON: Right, so --

DISTRICT ATTORNEY: so you really can?t discuss it.

FOREPERSON: Not now. Later.

DISTRICT ATTORNEY: So, you?re going to have a full house this afternoon, so



what time, Mr. Foreperson, for lunch?
FOREPERSON: One fifteen be back.

DISTRICT ATTORNEY: Okay. Everybody, so we can Start right away and don?t

eat a heavy lunch because some of the witnesses are a Iittle dry. I don?t want you to fall asleep.

[Laughter]

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GRAND JUROR: Okay.

DISTRICT ATTORNEY: So try to eat a lighter lunch. Thank you very much.
GRAND IUROR: Thank you. Do we have a time table when [inaudible 01 :03128]
when we?ll be out of here? We?re trying to [inaudible OI :O3z30].
DISTRICT ATTORNEY: I don?t know. It?s going depend 
GRAND JUROR: Like five thirty, ?ve . . .
3, Track 1]
DISTRICT ATTORNEY: . . . now one seventeen and all members of the Grand
Jury are present. The tape monitor, Alejandra and myself, Angela Pacheco. And are we going:
to need to see the video right now or should. . .can I turn off the projector for awhile. Okay 
Turn it off?
DISTRICT ATTORNEY: Please. We?ll turn it off. And ifthen ifwe need to we
need to see a video again. we can do that. The next witness to be called will be

Officer Imelda Sanchez from the New Mexico State Police.

IMELDA SANCHEZ: Okay. Excuse me. Hello.

POREPERSON: You do swear or af?rm that the testimony which you are about

to give will be the truth, under the penalty of law.

IMELDA SANCHEZ: I do.

FOREPERSON: Have a seat.

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TESTIMONY OF OFFICER IMELDA SANCHEZ
BY THE DISTRICT ATTORNEY:
Good afternoon, Officer.
Good afternoon.
I apologize if i embarrassed you out there.
Oh, no worries. [Laughs]
I mean, you look different when you?re not in uniform.
I know that?s what you meant.
[Laughs] would you please state your name for the record?
Of?cer Imelda Sanchez with New Mexico State Police.
And, Officer Sanchez, how long have you been with the New Mexico State Police?
Thirteen months.
And currently which shift are you on?
Right now I?m working the swing shift, which is from two p.111. till eleven pm.

And on November the 2013, which shift were you working?



was working the graveyard shift, but the only thing is I don?t remember if it was six
p.m. till three am. or from nine pm. till six am.

But it was the graveyard shift.

It was a graveyard shift.

And you were on duty that evening.

Yes.



A



A

Q. And how were you dressed?

A In full uniform, display my badge of of?ce of New Mexico State Police.
And what were you driving? 
A My fully marked New Mexico State Police unit.
And Oliver Wilson was involved in a pursuit on. . .actually the early
hours of November the 7th, 20l 3, and prior to you becoming aware of that, what were you

doing?

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Uwas sitting at the of?ce. i was actually calling in a Sky report, which is a state central
intake regarding a previous call that we had responded to.
Q. And who had responded to that call, yourself and who else?

A. Myself and Officer Oliver Wilson.

Q. And where was Oliver while you were, you know, at your office?
A. We were actually. . .we returned back to the of?ce to debrief on the, on the call. I told

him that I had a few concerns and was going to go ahead and call in my report to Sky, and he
said, Well, l?m going to go ahead and head out. I?m going to go drive around and see what]
?nd, meaning patrollingwith child abuse, correct?

A. That is correct.
Q. So when is itthat you become aware that Officer Wilson?s involved in a pursuit?
A. I?m sorry, excuse me [coughs]. When I was at the of?ce I get a phone call from our

dispatch, and at that time it was a dispatcher Jonathan Montoya, and he stated to me, Oliver?s
in a pursuit, and I said, Where is he at? And he gives me a location of Saint Francis and Saint
Michael?s. l?lang up and i take off.

And your, your of?ce, District One patrol of?ce is located where?
Forty-fourninety-one Cerrillos, very close to the intersection of Cerrilios and Jaguar.
So basically you boogie.

Yes. [Laughs]

And what do you do next, Of?cer?



At that point I?m already listening to Of?cer Wilson?s location. I didn?t even say I was
en route on the radio simply because I did not want to interrupt him. He was giving very good
locations as far as where the vehicle was turning, what was happening. Obviously they were in
the City. My instinct, the location that was given to me, Saint Michael?s and Saint Francis, I
proceeded north on Cerrillos. At that point when he?s calling out the locations, he calls out
Siringo. I have to make a u-turn to come back because they?re headed south. So at that point I
notice a PD unit also with its emergency lights on and 1 ?gure we?re headed to the, to the same

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call.

Q. When you say PD, are you referring to Santa Fe Police Department?

A. Yes, 1 apologize. Santa Fe Police Department.

Q. And so are you following the police of?cer, the 

A. Myself. as an officer, l?m not too familiar with the, with the City, simply because 
don?t patrol in the City. So my instinct was to follow the, the police officer to where Oliver
was at, where he was calling out his locations, simply because they?re more familiar with the
City.

Q. And what do you remember next on this?

A. He?s still calling out his locations, and to me I cannot place where the streets are at, so
my instinct going with following the officer proved to me right because he was. . .we were
going to the same call. The street that remem . . .one of the streets that remember was

Cam 1110 Carlos Rey, and that?s the same street that we turn into.

Q. And then the next thing?

A. And then we?re driving. He?s still calling out locations, and then he calls out San
Pedro. At that point the Santa Fe Police Officer pulls over to the side, I pull up next to him
[clears throat], excuse me, and I ask him where is this street? And he?s like, don?t recall this
street. And then there was a, a momentar. . .momentarily silence on the radio, and I?m asking
diSpatCl?l, Get me a location as far as where?s Of?cer Wilson? At that point dispatch is trying to
contact him. Negative contact. Get me a location. Negative contact. And then he calls in, I
believe it was Las Cacitas and Carlos Rey, and as far as he said that. . .or as soon as he said that
the PD officer. . .we were just seconds away from him, from the location. Followed him and
sure enough his unit was in the middle of the roadway with his lights on.

Q. And what did you find when you arrived?

A. At that point I parked my unit right next to his, and i get out of the vehicle, run, run to
Officer Wilson?s location, and what I noticed when I got there was a silver vehicle partially
parked over a sidewalk. It was. . .it looked like it had been crashed into a wall. At that pointl
also looked for Officer Wilson and he was to my right, and at that point he was standing with

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Uhis weapon unholstered on his side. and there was a male subject on the ?oor, laying on the, on
the road. My instinct was to take him into custody. I did. handcuffed him, searched him, put
him in the back of my unit. At this point i still have no idea who the passenger was.
Q. And while you were dealing with the passenger, what was Oliver Wilson doing? Are
you aware of it?
A. Yes, actually when we do a felony stop, the person that we?re pulling. . .the person that
we?re getting out of the vehicle, we have them at gunpoint until another officer arrives and
takes them into custody. He didn?t have his weapon drawn on the individual, hejust had it
unholstered, waited for me until I took custody of, of the individual, and he holstered it as soon
as he was cuffed.
Q. Did you then go talk to Officer Wilson?
A. At that point i didn?t. i set him in the back of my unit and I walked to where the other
police officers at that point [inaudible 00:09:22] that whole time more PD officers arrived on
the scene. When i walked towards the silver vehicle. . .excuse me [coughs]. When walked
towards the silver vehicle, I noticed a female laying on the ground and the police of?cers were
doing chest compressions on the female.
Q. As in trying to resuscitate her?
A. Right. At that point, since there were a few of?cers working on her, it was me and
Of?cer Wilson, we were standing by, you know, we could assist in, in whatever they needed.
Q. So, what did you do next?
A. At that point, I told Of?cer Wilson, you know, go have a seat in your unit. Just wait
until, you know, some. . .a supervisor gets here. I?ll take care of the scene. And he said, I cannot
sit in my car. So I told him just, just go away, but I made sure that he was okay. But as we were
both standing there, you know, standing by with the, you know, waiting for more assistance to
come by assistance I mean the ambulance Of?cer Wilson, you know, reality kind of sunk
in what had happened. Just trying to take everything in. That?s why I asked him, you know,
just go, just go somewhere else.

So at that point he did. He stepped aWay. They were still working on the female. I went

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Uand checked on the guy to make sure he was okay. 1 did that a few times. And that?s when
Mexico State Police Captain Collins arrived on scene.

Q. What was Officer ilson?s demeanor like when you arrived on the scene?

A. When 1 took custody of the individual, we?re pretty much trained to react to a situation.
And what 1 mean by that is the felony stop. You have your weapon drawn, another officer
comes in, takes the subject into custody. It was just kind of. . .everythingjust fell into place, our
training. The male subject was into custody and 1 went back to check on the female, and
Of?cer Wilson was there. . .1 could sense that he wanted the female to wake up. Me, too. You
know, please wake up. So [voice shaky], sorry. So at that point. . .1 became very sympathetic
towards him [voice shaky] in the sense that 1 just can?t imagine what he?s going through as an
individual. [Crying] not anymore as an of?cer. So. . .to me that?s what. . .it was my instinct, just
go away to not look at this, until we get more, more help. So yeah, at the end, you know,
everythingjust started sinking in on his end.

Q. Did the passenger make any statements to you at all [about the incident? 00:13:24]?

A. Um, when 1 took him into custody and searched him, 1 read him his rights. And he said
he wanted to talk to me. He said, She wouldn?t stop. I put my hands up, giving up, and then
there were shots ?red. 1 said, Okay. He didn?t go more into detail with me. I didn?t ask him
anything else. He did have blood on his jacket, on his clothes. 1 check him to make sure he was
okay. He refused medical attention. And, but 1 think at that point he was, he was in shock with
everything that had happened, because later on he, he said, i need medical attention simply
because I wasn?t wearing a seatbelt. My back is hurting. So everything just started kind of
thinking in. He was in a crash. So EMS got there. They evaluated him and they made the

decision to transport him just to make sure.

Q. have no further questions of this witness. Members of the Grand Jury?
BY GRAND JUROR:

Q. Yeah.

A. Yes, sir.

Q. Was this passenger, was he ever arrested [inaudible 00:15:02]?

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A. I didn?t tell him he was arrested. Itold him you are onIy being detained for
investigative purposes. But he was never told he was under arrest.

Q. But he was never arrested anyway.

A. No, he as was never arrested anyways. Yes.

DISTRICT ATTORNEY: If there are no further questions, may this witness be

excused?
FOREPERSON: Yes.
DISTRICT ATTORNEY: Thank you, Officer. You?re excused.
OFFICER IMELDA SANCHEZ: Okay. Thank you.
DISTRICT ATTORNEY: Thank you, Of?cer.
FOREPERSON: Please raise your hand. You do swear or af?rm that the

testimony which you are about to give will be the truth under the penalty of law.

LIEUTENANT ANDREA DOBYNS: I do.
FOREPERSON: Have a seat.
DISTRICT ATTORNEY: [Whispering] why don?t you go on down here.

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TESTIMONY OF LIEUTENANT ANDREA DOBYNS
BY THE DISTRICT ATTORNEY:
Good afternoon, Miss.
Good afternoon.
Would you please state your name for the record?
My name is Andrea Dobyns.
And what do you do for a living?
I?m a lieutenant at the Santa Fe Police Department.
And how long have you been with the Santa Fe Police Department?
1 have been with that department about ten years.
What is your current assignment with the Police Department?
Right now I?m a lieutenant on graveyard patrol.
And what is graveyard?
Graveyard is a shift that we work the hours of eleven pm. to seven am.

And how many of?cers do you have normally under your command on your shift?



Under my command 1 have about twenty-five of?cers, but on a given night i have about

eight to twelve.

Q. So there are eight on. . .out on patrol.

A. Yes.

Q. All over the City, correct?

A. Yes, ma?am.

Q. And on November the early hours of November the were you working?
A. I was.

Q. And was there a request for assistance by a New Mexico State Police of?cer in a
pursuit?

A. Yes, ma?am.

Q. And could you please explain that, please.

A. Yes. So at about one thirteen in the morning on November our dispatch advised that

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State Police was involved in a pursuit that was entering. . .or began in the City, in the
jurisdiction of the City, and they were requesting our assistance. 80 .1 was the commander on
duty at the time, and one of the first questions I ask is what is the pursuit for, because without
knowing what the pursuit is for. that is actually what will make the decision if we?re going to
join in or not. So I asked our dispatch what the pursuit was for and they were unable to obtain
that information. I waited about a minute, asked again, and again they were unable to give me
that information. So 1 told my officers that we will not be involved in the pursuit until we have
further information.

Q. And that?s a policy of your departments?

A. Right. So when another agency is involved in a pursuit, we?re still governed by our
policies, and one ofthe policies that we follow is that we have to know what the initial stop
was for. And in our department, initial stop. ..it can?tjust be a traf?c violation. It has
to be someone that?s going to cause harm to someone else, you know, and that

there?s. . risk ofa high-speed pursuit outweighs the crime that they?ve committed,
basically. So without knowing what the original stop was for, wejust can?t get involved.

Q. Did you ask the officers to kind of stay in the area in case assistance was needed?

A. Yes, we knew basically what area the State Police of?cer was headed to, so I told my

officers to flood that area and be in the area if assistance was needed by State Police.

Q. And that would explain why you arrived at the scene so quickly.

A. Right, most of us were there within, you know, a minute to a couple of minutes.

Q. When you arrived at the scene, what did you see?

A. i arrived at the scene pretty shortly after the shots fired call came out. I was a couple

minutes away. And when I got to the scene I saw the of?cer that was involved and a female
State Police Officer, both on scene, both their vehicles kind of in the middle of Camino Carlos
Rey, and then the suspect vehicle had smashed into a wall on Carlos Rey and Las Casitas.

Q. Okay. And what assistance did you provide at that point in time?

A. At that point I advised my officers to render aid, so we had a medic that?s an officer

and he and two other officers rendered aid, they did CPR, they bandaged the wounds, and. . .but

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my, myjob duty is i actually secured the scene, set up all of our police units so that no one
could go in and out of Camino Carlos Rey 01' any of the side streets. brought out our bomb
truck because it has good lighting and it?s kind ofa command post. it was a cold night so it?s,
it?s a trailer. So i allowed that to come out. And we basicallyjust secured the scene until State

Police. . .the rest of State Police came out and took over the scene.

Q. And at some point you turned over the scene to State Police.
A. Right. We did initially start a crime scene log. That?s who goes in and out of the scene,

and that log was handed over to State Police when we handed the scene over to State Police.
DISTRICT ATTORNEY: Okay. I have no further questions of this witness.

Members of the Grand Jury?

BY SHARON, GRAND JUROR:

Q. Sharon. ljust wondered ifthe, the woman who was shot, did. . .was. . .during the time

that you were. . .had this barricade, do the ambulance come and --

A. Yes.
Q. take her?
A. So initially we called an ambulance, and before the ambulance arrived you know, it

took a couple minutes -- our officers pulled her out of the vehicle, started to render aid, and
then an ambulance was able to come in, and they took the woman to the hospital.

Q. So this happened before the State Police Chief came in?

A. i believe so. It was pretty quick. Some of the other State Police of?cers arrived soon,
but since we?re in the City the ambulance wasn?t too far, and i believe that they arrived before
any other State Police officers that weren?t on the scene already arrived. Mm?hm?

BY BILL, GRAND JUROR:

Q. l?rn Bill. When you arrived there was only the two? State Police, Mr. Oliver and the
other lady?

A. When I arrived there was the two State Police of?cers plus a lot of City of?cers were
already there. But the only two State Police officers were Mr. Oliver and the woman, and there
was, I don?t know, at least probably six of our City of?cers that were already on scene.

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U1

OO?alO?x

 

DISTRICT ATTORNEY: If there are no further questions, may this witness be
excused?

FOREPERSON: Yes.

DISTRICT ATTORNEY: Thank you, Lieutenant.

LIEUTENANT ANDREA DOBYNS: Thank you.

DISTRICT ATTORNEY: Thanks.

LIEUTENANT ANDREA DOBYNS: Yeah.
DISTRICT ATTORNEY: Appreciate it.
LIEUTENANT ANDREA DOBYNS: [Inaudible 00:22:35].
AGENT ERIC ARMIJO: How you doing?
[Inaudible 00:22:48].

FOREPERSON: Please raise your hand. You do swear or af?rm that the

testimony which you are about to give will be the truth under the penalty of law.

AGENT ERIC ARMIJO: I do.

FOREPERSON: Thank you. You can take a seat.
AGENT ERIC ARMIJO: [Inaudible 00:22:58] evidence.

TESTIMONY OF AGENT ERIC ARMIJO

BY THE DISTRICT ATTORNEY:



Good afternoon, sir.

Good afternoon.

Would you please state your name?

Agent Eric Armijo.

And what is your current assignment, Agent?

Criminal Investigations here in Santa Fe, State Police.

Let me just grab my notes here for a second. So. . .Agent Armijo, were you called out

on an incident that occurred on November the 7th, 2013?

A.

Yes, ma?am, I was.

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(4) ExAnd when you arrived at the scene. . .did you arrive at the scene or. . ..

A. I ?rst went to our State Police headquarters here in Santa Fe for a brie?ng.

Q. Okay.

A. And then after that we went straight to the hospital, me and the case agent, Larry
Aguirre --

Q. Min?hm.

A. went straight to the hospital. There I found out two medics [sniffs], excuse me, a

little congested. 1 found out the names of two medics who transported the driver and the name
of two medics who transported the passenger. 1 had hospital staff call the two medics that
transported the driver, and they came back to the hospital where I interviewed them.

Q. Okay. And did you see Ms. Anaya at the hOSpital?

Yes, ma?am,l did.

And when you arrived, what was her condition?

Deceased.

And when someone dies like that, what?s the normal protocol with the body?



Well, typically Of?ce of the Medical Investigator will be contacted. He or she will then
arrive on scene. They will do their assessment of the, the body, the injuries, and then they will

prep the body, place it in a body bag, and then a funeral home will come pick him up.

Q. And then they take it down to Albuquerque for an autopsy?

A. Correct. I

Q. And were you present for Ms. Anaya?s autopsy?

A. Yes, ma'am, 1 was.

Q. Do you recall what injuries Ms. Anaya sustained?

A. Ms. Anaya had two gunshot wounds to her body, one to the head and one to her torso,
chest.

Q. I?d like to Show you some photographs that have been marked State?s Exhibits 7, 8, 9,

10, ll, l2, l3, and 14. And starting with No. 7, does No. 7 look familiar to you?
A. Yes, ma? am, it does.

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Q. And what is that?

A. It?s a picture of Ms. Anaya with the gunshot wound to her back.

Q. And is that a photo from the Office ofthe Medical Examiner?

A. In Albuquerque, yes ma?am.

Q. Okay. And then whatpicture ost. Anaya?s lung. 1 don?t remember ifit was her right or left lung.
Q. And what does that show?

A. It shows a bullet trajectory through her lung causing the lung to collapse.

Q. Okay. Whatfrontal view of Ms. Anaya, showing a gunshot exit wound to her throat.
Q. Okay. and in reference to that= l?d like to show you what?s been marked as State?s
ExhibitNo. 15. Can you identify that?

A. State Exhibit No. 15 is a photo of a bullet fragment, or pretty much almost intact.

Q. And where was that discovered?

A. It was discovered in a black scarf belonging to Miss Anaya. One of the medics, after

she was transported to the hospital, they went back to the ambulance to clean it out, noticed a
scarf laying on the ground in the ambulance that had a bullet in it. It was handed

over. . .packaged in a brown paper bag and handed over to law enforcement.

Q. it?s a scarf a woman would wear around her neck?
A. Correct.
Q. Okay. So going to the next photo, was it. . .where?d I leave off?
A. Ten,No. 10.
Q. Thank you. Whatclose-up ofa gunshot wound. I believe it?s a close?up ofthe entry wound 
the back.

Q. back?
A. i believe so. The shape looks consistent to me, anyway.
Q. [inaudible 00:29:08] did I give you a wrong photo?

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A. 
Q. That?s it [inaudible 00:29:11]. Oh, it?sjust a close?up that?s the close?up of

the wound to the, wound to the back. Yeah, okay. And then Noclose-up View of the gunshot wound to the back ofthe head.

Q. No. 12??

A. No. 12 is another View ost. Anaya?s skull with the gunshot wound, entrance wound.
Q. No. 13??

A. Thirteen is a rod through the skull, showing trajectory of the wound through the, the
head.

Q. And is the path through the brain?

A. Yes, it is.

Q. Okay. And then No. 14??

A. Fourteen is exit wound just near her left earlobe.

Q. Okay. So, ifyou could stop there. So ifyou could stand up, Of?cer. Could you show,
just kind of. . .well, let me go over there. More or less, the wound to the back is let me turn
sideways is right about here?

Just about between the two shoulder blades, yes.

Okay. And then if you could turn and show them where it exited.

Right around the sternum, right around here, in this area.

Okay, and then the second shot.

The second shot went in, in this area right here.

And 

And exited right around here.

Thank you, Of?cer.



Yes, ma?am.

DISTRICT ATTORNEY: have no further questions of this witness.

BY A GRAND JUROR:
Q. I have one.

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U.)

U:



 

A. Yes= sir?

Q. Those wounds that were done, could those wounds have been in?icted from shooting
from the back of a vehicie?

Yes. That?s my opinion, yes, they could have been.

Okay. Just what about the one on the side and exiting 

Weli, the head? it went in the back ofthe head, just behind the right ear.

So it came out this [inaudible 00:3 

And it came out right here. So it went in here and came out right here.

So going from a windshield, say a rear windshield, the one on the torso 

Min-hm?

it would have had to go through a seat or.



I?m not familiar with 
DISTRICT ATTORNEY: There will be some evidence that shows you the path of
the bullet, that will address your issue, sir.

A. I never did study the trajectories of the car, so i couldn?t really answer to those.

BY LINDA, GRAND JUROR:

Q. Linda. So in your opinion. gun would have had to have been ?red from the
back of the vehicle.

A. That?s my Opinion but, you know, she could have had her head turned. have no idea
what. . .how she was sitting. All I know --

Q. Would those type of entry areas be of any indication that, that the gun was tired from
[direct? 00:32:] 1] side?

A. The side of the car?

Q. Yes, from say the driver?s window, approximately.
A. --

DISTRICT ATTORNEY: He can?t answer it. Of?cer, don?t answer.
A. Yeah, i can?t, I can?t. can only give an opinion but --

DISTRICT ATTORNEY:

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Q. Okay.

DISTRICT ATTORNEY: And there may be other witness that can address that.
A. I?m sorry.

SHARON, GRAND .IUROR: Sharon. Are we going to look at the. . .that bullet, that
stray bullet that was in her scarf?

DISTRICT ATTORNEY: It?s right here. Oh, you mean the actual bullet?
SHARON: I don?t think I want to see it. Ijust [inaudible 00:32:40].
DISTRICT ATTORNEY: It?s at the lab.
SHARON: No, I mean are we going to look at, at where it came from or what. what,
or is somebody else going to be talking about it?

DISTRICT ATTORNEY: Oh, it came, it came hear.
BY THE DISTRICT ATTORNEY:
Q. Where did the bullet come from?
A. The bullet came from the shot in the back and it came out through the throat. The scarf
was around her throat at the time, so. . .again, my opinion, going through the seat or going
through something, it slowed down enough to where after it exited her body it got stuck in the
scarf.

Q. And who fired the shot?

A Of?cer Wilson.
Q. Okay. That?s where it came from.
A Yeah.
DISTRICT ATTORNEY: Any other questions? Thank you, Agent.
AGENT ERIC ARMIJO: Thank you.
BY THE DISTRICT ATTORNEY: 
Q. Oh, one other thing Ijust remembered. Was there. . .they always do a toxicology on

everyone that?s deceased. Did you get a report back?
A. I know Officer --
Q. Have you seen a report?

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A. I?ve seen a report. yes.

Q. And what does the report say?

A. It shows that Ms. Anaya had cocaine in her system, .08 milligrams per liter or
something like that.

Q. At the time of her death.

A Exactly.

Okay. But no alcohol.

A. I?m not sure. i don?t know.
Okay.

DISTRICT ATTORNEY: Yes, sir.

BILL, GRAND JUROR: have have no relation, what is .08? I mean,

is that 
DISTRICT ATTORNEY: I don?t know the answer to that either. Thank you, Agent.
AGENT ERIC ARMIJO: Alright.
DISTRICT ATTORNEY: l-Iere [inaudible 00:35:03].
GRAND JUROR: Would anyone like to see the photos [inaudible 00:35:07]?
DISTRICT ATTORNEY: He?ll explain it all.
FOREPERSON: You do swear or af?rm that the testimony which you are about

to give will be the truth under the penalty of law.

SERGEANT PAUL CHAVEZ: I do.

FOREPERSON: Thank youthe chair.

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TESTIMONY OF SERGEANT PAUL E. CHAVEZ

BY THE DISTRICT ATTORNEY:

Q. Good afternoon, sir.

A. Good afternoon.

Q. Would you please state your name for the record?
A. Paul E. Chavez.

Q. And what do you do fora living, sir?

A. i?m a fuil?time commissioned of?cer with New Mexico State Police assigned to the
Investigations Bureau in Santa Fe, and my current title is Sergeant.
Q. Okay. And, Sergeant Chavez, were you the crime scene manager for the shooting

incident involving Officer Oliver Wilson?

A. Yes.
Q. And what were your duties?
A. My duties were the overall documentation of the scene and evidence therein, and also I

was in charge of making the assignments for the other, for the other crime scene investigators
that were involved in the investigation as well.

Q. And. . .at the actual shooting scene, do you know how many casing were located?
Sixteen.

And they?re are ali believed to come from Officer Wilson?s gun?

To the best of my knowledge, that is correct.

Okay. Are you also an automobile reconstructionist?

I?m a crash reconstructionist.

apologize, crash. What does that mean?



What that means is you have specialized training and expertise in the area of, of



crash. . .what?s referred to as crash reconstruction, where you have the. . .where you have the
training to break down an automobile collision and determine what, what occurred, you know,
things like how the vehicles engaged, causation, determining factors, sometimes speed, and
things, things of that nature. It?s a little more in depth than what your typical police of?cer has

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as far as accident investigation skills.

Q. So in this instance, was it you or Officer Milligan that did the actual reconstruction?

A. Of?cer Milligan actually did the reconstruction. I tasked him with, with analyzing that
p01tion of the crime scene, speci?cally the crash.

Q. And did you do any ofthe analysis?

A. More of a peer review. mean, 1.. .1 mean, we put our heads together to make sense of,
of what actually had transpired. But ultimately, he was the, he was the officer who analyzed the

scene. . .the accident scene.

Q. Okay.

A. When I say accident, l?m referring to the collision between the vehicles.

Q. And were the vehicles towed after the scene? Where were they towed to?

A. They were towed to the storage lot at the Department of Public Safety headquarters,

and here in Santa Fe.

Q. And what was the purpose of towing the vehicles there?

A. Well, it. . .the vehicles are considered evidence in the case, so the vehicles are treated as
such. We actually collect them and transport them, accompany the vehicle to the, to the storage
facility there at the headquarters. So that way there?s. . .the vehicle is not compromised in terms
of evidence in any way, so we can fmther analyze the vehicles that were involved, the stuff
that?s a little more time?consuming that?s not feasible to do out at the scene. in other words,
you know, we conduct our trajectory analysis of all of the. .. of the majority of the bullet holes
where we could identify trajectory pass, and that?s a little more feasible to do in a controlled
setting instead of at the scene. We did what was required and necessary at the scene, and then
we further, we further examined the vehicles for evidence.

Q. And, you know, i know that, you know, in the reports whenever. . .as opposed to a
bullet hole you refer to them as defects in the vehicle.

A. Correct. That is the term, the term that we utilize when we?re talking about a bullet
hole in a. . .on a person or on a, or on a vehicle or on houses. Defect is usually the term that?s
used.

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you know how many defects were located?

A. There was a total of forty-one defects, but also understanding that, that some of

those. . .some single projectiles created three or four defects as they traveled through multiple
surfaces. There was a total of fourteen primary impacts. In other words, primary being the first
time that the bullet impacted a surface. So it appeared, from the investigation we conducted,

the car was shot fourteen times and there are secondary impacts subsequent to those primary

impacts.

Q. So if the car was shot fourteen times, where were the other two shots? Where did they
go?

A. There were actually two defects on the asphalt surface that were identified as probable

bullet impacts. We actually, there was two. . .there?s two areas not far from the car where,
where there was actually pieces of asphalt that are chipped out, and thereis some scraping on it
that we actually conducted a presumptive test which, which showed the presence of lead and
copper, which is consistent with, with a bullet impact. 80 fourteen hit the car and two hit the,

the aSphalt.

Q. So you were able to account for all sixteen cartridges.
A. To the best of our knowledge we were able to do that, yes.
Q. So, what. . .since Officer Milligan did the reconstruction, I?ll have him deal with that
part then. I
A. Okay.
DISTRICT ATTORNEY: have no further questions of this witness. Members of

the Grand Jury?
Thank you.

SERGEANT PAUL CHAVEZ: Thank you.

DISTRICT ATTORNEY: Sergeant, 1 should say.

FOREPERSON: Please stand right here.

WITNESS: Okay.

FOREPERSON: And raise your hand [inaudible 00:42:24]. You do swear or

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Uaffirm that the testimony which you are about to give will be the truth under the penalty of
law?

WITNESS: Yes, sir, i do.
FOREPERSON: Thank you. [inaudible 00:42:33
WITNESS: Okay.

TESTIMONY OF SERGEANT LAUREN MILLIGAN
BY THE DISTRICT ATTORNEY:

Good afternoon, sir.

Good afternoon.

How are you today?

Well, thank you.

Would you please state your name for the record.

Yes, my name is Sergeant Lauren Milligan.



And, sir, what do you do for a living?

A. I?m in charge of the Central Crime Scene Team for the New Mexico State Police. We
investigate major incidents of a criminal nature in New Mexico.

Q. How long have you been a police of?cer?

A. Since June of 1999-.

Q. Okay. And since you?re with the Crime Scene Team, what are some ofthe. . .what?s
some ofthe training that you have?

A. So I?ve been to the National Forensics Academy, which is a ten-week class in
Knoxville, Tennessee, where you learn all aspects of forensics, including blood stain with
pattern analysis, shooting reconstruction, latent prints, DNA, etc. I?ve also been to blood?stain
pattern analysis class, shooting reconstruction classes, two of those. I?ve also been through a
large number oftraf?c crash reconstruction classes, and I?ve been on the Traf?c Crash
Reconstruction Team for the State Police for about, about eleven years.

Q. And, Sergeant, the New Mexico State Police recently spent a large amount of our tax

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U.)

.12dollars on a little thing that I call gizmo. Will you please tell them what it is?

A. So what the Department has bought we?ve actually since bought two of them -- and
it?s by a company called Leica. Leica, 1 think they? re popular for building cameras in
Switzerland. So what this is, it?s essentially highnde?nition surveying. So instead ofthe old
days of using a. you know, a measurement wheel or a, you know, a measurement tape, we?ve
gotten past the stages of using a total station and now we?re using this kind ofa robotic system.
So you set it up, push a few buttons, the thing, it, it can tell ifit?s level or not. Ifit gets out of
the whack at all and it?s no longer level, it shuts the scatter down. But what it does is you set it
up here, it?ll spin around the room, and it bounces light off of objects, and whatever the time
for the light to get back to the scanner is, it measures a distance. And it?s going to measure
about fifty thousand points per second, and it?ll reach out to about three hundred meters.

But the way this thing works, it?s kind of like a ?ashlight. So you shine your ?ashlight
around the room, and whatever is behind the light, it doesn?t pick up. So with a scanner you
have to move it in many locations so that you can make sure that you get beneath, behind
everything that you?re trying to get. And that was at a cost of about $240,000. And these
used by surveyors, engineers. They used these things before we did, and these have
been in law enforcement here for about seven years.

Q. And what?s the benefit of having one ofthose objects?

A. So, first off it takes survey-grade measurements, up to about a quarter of an inch. And
the bene?t to us is that once we. . .so ifI scan this room, 1 always have the data. I always know
the distances. 1 always have it. So after we scan with it, we can then use that data to create a
near-scale diagram. So after we scan everything, we put it into a computer program and that

will compute. . .will make a diagram based offofthe point data. And like 1 said, we always

a.

have it, so if we ever want to go back and say what?s the distance between here and here? It?s
always there.

Q. So, Sergeant, were you called out to a scene on November 7th, 2013, in which New
Mexico State Police Oliver Wilson was involved in a shooting?

A. Yes, ma?am.

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Q. What was your assignment for that incident?

A. So my original assignment was to go to the hospitai and photograph the decedent. And
after 1 completed my work at the hOSpital, I went back out to the scene where the shooting
occurred, and Sergeant Paul Chavez was the crime scene manager, so essentially he?s in. . .he?s
in charge of the crime scene. And then he directs different people to do different things. So he
asked me to diagram. . .or document the scene with a 3D scanner and assist with a search of the
scene for evidence.

Q. And it was kind scene kind of spread out because there were different impact
points, isn?t that correct, sir?

A. Yes. So i think for the purposes of this, so I can explain it prOperly, there?s, there?s
three impacts. There?s something called vehicle-to-vehicle contact or a PIT maneuver and
that?s where the police vehicle hits the vehicle to cause it to lose control. There was a second
impact where it appears that the police vehicle was coming around, and it looks like the
suspect vehicle had stopped, and they hit each other, and then there?s a last impact where you
can hear a motor rev up, the vehicle comes in reverse and hits the police unit once again. So,
do you want me to explain all those in more detail?

Q. Well, and then also you have the continuation of the vehicle over to the wall, and in
between that you have a lot of markers because there?s a lot of evidence in between.

A. Okay, so 1 suppose you could also look at it as four impacts. There?s the vehicle-to-
vehicle contact the PIT maneuver -- there?s the impact as the vehicle comes around and hits,
there?s the other impact where it comes back, hits the patrol car, and then the vehicle travels
back on the curb, travels kind of diagonally across the road, and then hits a concrete wall on
the other side of the street. And all these. . .there?s markers that we put down to note where
evidence is at. So if you think about a bullet, a casing is very small and it?s hard, it?s hard to
see it. So we put these green cones next to the evidence so we?ll know when we take our
photography where everythingthat with a scanner?

A. So the scanner picks up the cone, so we?ll take a cone. . .you know, ifthere?s a bullet

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Ixright here we?ll take the cone, we?ll set it next to it, and that way when we?re doing our
diagram 1 can just put a point right there. next to the cone. it?s hard to see that small casing, but
1 know that I?ve got my cone, so my cone right next to the middle of the bullet, and that?s
where my point?s at. Okay? So it?s easier to pick everything out in the scan data.

Q. And does the scanner show elevations, trajectories? What does the scanner show?

A. It can really show whatever you want to ?nd out. If you have a grade, you can put a
point at one part of the grade, at point in another part of the grade, and it?ll figure out essentially
like the hypotenuse of a right triangle, and it?ll ?gure out the grade or what the slope of that
roadway is. It can ?gure out trajectory. There?ll be another sergeant who comes in and talks to
you guys a little bit about trajectory. So it?ll scan everything you want it to scan. Now, we tell

it at what level to scan. So we can tell it to scan, say, a medium resolution, which is what we
normally do at an outdoor scene. And thatjust tells it how close to put the points together. For
some things we do a high?resolution scan, so it puts the points really close together so that we
can get a nice, strong scan of like a trajectory rod. And Sergeant Gorritt will go further into
that, sol probably shouldn?t spoil it for you.

Q. How does this. . .how does that help us to understand the impact of the vehicles?

A. So what helps a lot in this case is by looking at the photography, and looking at how the
two vehicles hit each other. And that?s essentiallyjust taking photos of the vehicles, looking at
the. . .there?s what?s called contact damage, which is two objects hitting each other, you know,
two vehicles coming in, they hit like so. The contact is where they actually contact each other.
There?s also something called induced damage, and essentially with induced damages, if 1 have
an aluminum can, 1 push it. . .you know, push from on two sides, contact on each side, so I push

it in. The middle of the aluminum dents and fractures, or what have you, that?sjust induced.

5

It?s not actually contact, but as you push it, the force from two sides will damage the inside,
okay?

But as you watch the tape, you?ll see. . .from a different impact you?ll see some debris
kind of going up into the air, okay? Now, as far as the first impact go the PIT maneuver so
when 1 took this PIT maneuver class awhile back, what you?re trained the

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car, and pretty much the further back you can tap it, then the more rotation on the vehicle,
okay? And it?s safer for everybody, okay? Now, if we did this kind of thing where you pulled
up next to the person and wejust hit him, it?s not going to do any good. Alright? They?re going
to be kind ofpushed offthis way but with physics they?re going to kind of push off on me as
well. okay? So the fulther back you go. the more rotation you?re going to get. That?s how
we?re, we?re taught to hit something like this, okay? And what that does. if you tap and they
spin out. Alright.

Now, in this case, as the vehicles are going around the corner, you can see the silver
Honda Accord, which is driven by Ms. Anaya, start to make the corner, and you can see
Officer Wilson start to set up as he?s supposed to, okay? But as this vehicle kind of cuts in
front of him, instead of hitting it like this, it?s more hit like this. She just cuts in front of him
and there?s a time-distance thing there, and they just. . .they hit each other, more to his right
front bumper to her left rear, okay? So he hits her, she spins out, and then he just kind of drives
around like so and comes to a stop. Now, you can?t really see it in the, in the video, you can?t
see her stopped, butjust from the damages it looks like she stopped something like this. He?s
going to swing around and he?s going to hit her like this, okay? That?s the second impact,
alright?

Now, if you look at the front end of our Crown Vic patrol cars, headlight, headlight and
they have these side marker lamps. The side marker lamps are clear plastic with some kind of
amber in them as well. And then sometimes you?ll see some red kind of?owing through the
back of them. That?s just from the LED light on the back. But on the front end of our patrol
cars there?s no red plastic like you would see in a brake lamp assembly. The only red plastic
you?re going to find in this collision is going to be on the back ofthe silver Accord, okay? So
both of the rear taillight assembles. . .assemblies are, arexred plastic, okay? So when you step on .
your brake you can see that, that red, alright?

Okay, so keep in mind when he, when he, hits her and causing her to spin out, she?s not
pushing on her brake, but there?s drag on the tires. Okay? So if you?re going straight there?s no
drag on your tires. You know, there?s just some kind of mechanical stuff from the transmission

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or what have you. When she gets hit and starts rotating. there?s more and more drag on her
tires. Okay? So she?s slowing down. Alright. So she comes to a stop. He comes around. And it
looks like they hit sort of like this, alright? So she?ll come to a stop and they hit like so, okay?
Q. This sheet has been marked as State?s Exhibit No. 6.

Okay.

Does that look familiar to you, sir?

Yes, it does.

What is that?



So this, this is a demonstrative photo that i did, just showing an approximate point of
impact from where she likely came to stop and where he, he struck her, okay? Now, there?s
really no roadway evidence like skid marks or scuff marks, or whatever, on the road to kind of
Show this. But when you watch the video you?ll notice that you cannot see her car in the video
for the second impact, so after the PIT comes around they hit each other. You can?t see her,
alright? So, you know, the patrol car has got a little camera like right about here. It?s going to
show like this much area, alright?

Now also, if you look at the left?front corner of his car, if you look on it straight on like
this, if you look on it straight on. you don?t see any. . .you see the damage, kind of some, you
know, a little bit of contact damage up here from where he initially hit her on the PIT
maneuver, but you don?t see anything here. You don?t see anything coming straight on, okay?
And further, you don?t see any scuff marks or any damage behind the front wheel in this area,
okay? All you see is just damage to kind of this left-front corner right here and front of the 
front tire. Alright?

So if you think about how wide a car is. . .you know, if a car comes back and hits like
this, well, where are you going to have damage? You?re going to have it here, the tire, and
behind the, the front tire. Okay? Something like that. Alright? So just based off of what we?re
looking at and the damage to her car, it looks like the initial hit was something like this, okay?
And that?s based off the fact you can?t see it from the. . .you can?t see her car from the front. If
she backed up into him like this, you would see that. Okay? So swung back, hit him like

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sorry, he comes in and hits her. And ifyou?ll watch the video, you?ll see pieces of
clear plastic, amber plastic, and little pieces of red plastic. So we know the only part that?s
damaged on her car is right there. That?s the only part where the brake light assembly is
fractured and damaged and there?s pieces of red. Okay?

So he comes over, hits her, she goes forward and her left front tire bumps up on the
curb. Alright? It looks like the front tires are liker kind of. . .they go like this. Alright? And
the reason 1 say that is if you look at this, right down here is where her left front tire is going to
be on. Now, ifher car me back up a little bit. So there?s an acceleration mark in the
dirt. She throws it in reverse, hits the gas, the tire spins, and this is an Open differentiai car,
which means, you know, if you have like a locked differential, both front tires will spin. This
thing?s open differential, so i guess whichever tire?s got the least amount of resistance would

spin. Right? And do you have a picture ofthe, the shoulder kind of where the dirt was

diSplaced?
Q. Yes, I do.
A. Okay. So the dirt was sort of diSplaced at an angle, alright? It wasn?t diSplaced in this

direction. Alright? So, if her tires were straight, she punches it, it spins, it throws the dirt in the
direction the tire was at, it would be projected more kind of towards the sidewalk. But it was
kind of projected more at an angle, alright, which tells me that when she?s up on the curb, her
tires are turned to the right a little bit, so front of the car, tires, this tire is spinning, okay
backwards, and it?s pushing dirt at an angle in this direction. Okay. So if she?s got her tires
canted like that, when she punches it, it goes in the. . .she?s going to come backwards and kind
of to the side and essentially hits him for the third time in the same manner, okay? Alright?

Is everybody clear on that? .If 1 get anybody confused, just slow me down a little bit, okay?
Okay. 

BY GRAND JUROR:

Q. Sorry. So the ?rst one was in that front. . .all impacts were in the front left?

A. Yes.

Q. Okay.

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A. They were. Because if you look at the, the second impact after the PIT. you?ll see
Officer Wilson comes along and his vehicle stops suddenly, alright? Which makes me think
she was either going very, very slow. or she was actually stOpped, okay? So swings around and
hits like so. And remember, this is going to be a hit sort of like this. Okay? And that first hit
kind of fractures her rear taillight assembly, and it also breaks out his left front on the side of
the headlight. Because remember, you?ve got clear plastic, you?ve got some amber plastic. and
the only thing that has, you know, clear and amber is his car. And then the red is hers. Okay.
BY THE DISTRICT ATTORNEY:

Q. [inaudible 01:00:42] Stateis Exhibit l6.

A. Okay.
Q. Is that what you?re talking about?
A. Yeah, that?s it. Okay. So right here is where her left front tire is. She revs it up, throws

it in reverse, and then the tire, you know, it does one of these things and it?s kicking dirt
forward, alright? Now, the dirt gets projected over here, so, I don?t know, probably like a, say a
thirty, forty degree angle, okay? Now, if her tires were straight. . .okay, so here?s the front of
her car and her tires are straight. She throws it in reverse, from where the dirt was projected,
she?s going to back up and she?sjust kind of go in this direction. Alright? She?sjust going to
back up and kind of be parallel with him, alright? But instead, her tires are turned, she punches
it, it comes back at an angle again, and it hits him. Now, when it hits him, when she, you
know, throws it in reverse, revs up the motor and comes back at him, they?re going to be
largely in the same area right here. So if you consider where his. . .Where he?s exiting his
vehicle on the driver?s side front door, she?s coming right back at him. Okay? So after that

occurs, shots are tired, she pulls back forward, and then Sergeant Gorritt will kind of esplain



more about that.

But one of the important things to watch on this, so let?s say this is the second impact
after the FIT, okay? We have the little parts of clear plastic, amber, and some of the little red
plastic. So we know that that right rear tail lamp assembly from her car was damaged. She goes
forward, when she comes back again and she hits him, you?ll see a curved piece of red plastic

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that ?ies over through the video camera, and that is again from that right rear tail lamp
assembly on hers because she's the only one that has that, okay? And if, and you watch the
video, his car is stationary, you can hear her motor rev up, she comes back and hits him.

And if you look at the photos -- I don?t know it" there?s a better photo here but after
the shots are ?red, she goes fonvard. There?s nothing really obstructing her. When you took at
the dirt, this dirt that?s projected away from her as she?s backing up, all that dirt?s kind of
pushed down again. And the reason for that is as she drives back forward again, she drives
back through this dirt which is, you know, just kind of on top of all the weeds and stuff, as she
drives it back down. mashes it down. And then you?ll see her suspension kind of ?ex a little
bit. That?sjust as she comes around, drops back offthe curb, and then continues to go until she
hits the wall. Okay. Do you want me to run through it again? Does everybody have it?

DISTRICT ATTORNEY: And also members of the Grand Jury, there?s a lot of
photos and I?m trying not to give you a lot of photos, but if you want a lot of photos, I can
Show you photos, and I intend to use some photos with the next witness, but, you know, I have
photos of all the damage, if you want to see those photos. I mean, lots of photos. Ijust don?t
want to overdo it with you all.

BY GERI, GRAND JUROR:

Q. Geri. Would it be possible for you to take those two cars, stand up, and show them
from the beginning to the end?

A. Yes, certainly.

Q. I mean, but you?re 

A. Yeah, I could do that. I?ll use this?

DISTRICT ATTORNEY: Mm-hm.
SBRGEANT LAUREN MILLIGAN: Okay.
DISTRICT ATTORNEY: Let me help you.

SERGEANT LAUREN MILLIGAN: Okay. Can I take this off?
DISTRICT ATTORNEY: Yes.

SERGEANT LAUREN MILLIGAN: Okay.

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UDISTRICT ATTORNEY: You can grab this.

SERGEANT LAUREN [Drawing] so this is kind of Camino
Carlos Rey. i think the road that theyire coming in on here. What was that road?

DISTRICT ATTORNEY: have it right here.
GRAND JUROR: [inaudible 01:05:07].

SERGEANT LAUREN MILLIGAN: [lnaudible 01:05:07] Calie Cedro?
GRAND JUROR: Calle Cedro and [inaudible Oi :05:l 
DISTRICT ATTORNEY: Yeah, Calle Cedro.

SERGEANT LAUREN MILLIGAN: Okay, so they?re both traveling up Calle Cedro,
and what you?ll see from the photos [inaudible 01:05:26] see three marks [drawing], centerline
and the edge lines. Alright. So the reason ifyou can see three marks is you think about your
normal vehicle, okay, traveling down the road. If you lock up your brakes you leave two
marks, okay? It?s because your back tires are basically over the middle of your contacts, okay?
If you take that same car and you start rotating it in the same direction, okay, so what do you
have now? You have four marks, okay? So what you?re having right here with the PIT
maneuver is, you know, she?s kind of lining up like this, and if she gets hit from the rear and
her rear end rotates, then you have something more or less like this. So this mark right here is
the, let?s see, the right rear tire, this one is the right front tire, and this one is the left front tire.
Okay? Does that make sense? Alright.

So it spins around, let?s say it comes to a step roughly here. So after the PIT he drives
around, and it doesn't look like they have contact at this point. it looks like he?sjust got his

left, you know, his tire, cranked over to the side pretty good, and he?s just kind of coming up

like this. He comes around, comes to a stop. The impact occurs right here. Okay? So after the



impact, she goes forward, I?d say her left front tire roughly in this area, and then because she?s
got her wheel print and she punches it, the dirt, you know. . .if she goes straight forward like,
you?re going to see the dirt projected in this area, straight down. But you don?t see that. What
you see is it?s kind of in this area, okay? So what that is telling me is that she stops up on the
curb with her wheels turned. So front of the car, okay, and tires are like this. Okay. So throws it

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in reverse, punches it, digs down in that dirt pretty good all the dirt gets projected this way 
swings around. and there?s another impact caused right there as she backs up and hits the patrol
car.

Alter that, shots are fired and then she continues forward, she drives over kind of this
dirt in this area with her passenger side of her tires, and then back onto the roadway here,
drives forward and then she impacts this wall roughly there. Yes?

BY SHARON, GRAND JUROR:
Q. Sharon. 80 approximately the time it takes for her to back up and hit as hard as the

second impact --

A. Mm?hm.
Q. is about what?
A. You know, that?s a, it?s a good question that] don?t have an answer for. Itis not very

much time.

Q. is it seconds?

A. it?s de?nitely seconds, yes, because you can hear. . .his siren?s going, so, you know, you
can hear the carknow it?s her car because his car is still in
gear. In fact, once we completed our investigation, I forget what time it was the following day,
once we were done and moved his car we put it back in park. So, obviously if his car was in
drive and was revving up, he would be going forward, okay. So we hear her car tire. . .rev up,
back up -- yeah, 1 would say it is seconds and then there?s the impact.

Q. Now, can you. . .will you. . .are you able to talk about his position? Or that?s not, not
here or there?

A. You know, he would probably be better about talking about his position, but --

Q. i3ecause that. . .in this investigation, in your part of the investigation, you?re not looking
at the person, you?re looking at the [inaudible 01:09:37]?

A. Yeah, but if. . .okay, so let?s say, you know, here?s his car. Okay? And then her car. So
her car is damaged on the right rear, okay? So when she backs is very approximate
right here, but if you think of about where the driver?s side door is, like so. . .now, keep in mind

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Uwell that there is no damage. There?s only damage to this area of his car, and there?s only
damage to this area of her car. Okay? So, the impact is probably a little more like that, okay?
So if you just consider, you know, roughly where his driver?s side door is, and where he?s 
getting out of, that car is. all the kind of reference where he?s at is based off of where his
driver?s side door would Open at. So ifyou think about where his driver?s side door is opening

at, you know. that, that car?s going to. . .Yes.

BY CARY, GRAND JUROR:

Q. So after the PIT maneuver --

A. Min-hm.

Q. she swings around like you?re saying and leaves the tire marks, the three tire marks

on the street.

A. Mmhm.

Q. Does she then land with her wheel up on the curb after the PIT maneuver, or 

A. No.

Q. orjust from the result of the PIT maneuver, or is it. . .does she rev up onto the curb

after she lands from the PIT maneuver?
A. So from watching the video, it looks like his car largely stays in the same area after the
second hit, okay? So there?s the first hit which is the FTP, okay? So he hits her, she kind of
spins around, and then it looks like as he?s coming around, he hits her. You watch the video,
you can see movement followed by him stopping suddenly and some different pieces of glass
and stuff ?ying up in the air. Okay? So if you?re familiar at all with physics, Newton?s second
law, equal and opposite reactions, when he hits her he?s going. . .a certain amount ofhis energy
is going to be transferred onto her, pushing her forward, and then he?s going to stOp because

she?s fixing to stop. Okay? So as they come around they hit: some of his energy is transferred
to her, it?s going to push her forward and she?s going to pop tip on the curb on the second hit.
And then once her left front tire is on the curb, throws it in reverse, then she backs up and hits
him. Okay?
BY KAREN, GRAND JUROR:

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Karen.
A. Min-hm?
Q. And do you know about approximate distance, because it?s not on the videos so were
you able to obtain it some 
A. Yes. It?s about five feet. So between where her left front tire is up on the curb to the
point of impact is approximately five feet.
Q. Does that include the length of the car?
A. Right, so what l?m looking at here is if 1 put her left front tire on that acceleration mark,
so the distance that she backs up and actually hits him, that distance,just from where the
acceleration mark is to hitting is ?ve feet. And that of course does include the distance of the
car, you know what l?m saying? So it?s like the cars like sixteen feet, total distance is like
twenty-one feet, subtract sixteen from twenty-one to get five. But Sharon, I?m sorry, did 1
answer your question?
Q. Yes. Thank you.
A. Okay.

DISTRICT ATTORNEY: Does anyone have any questions for the sergeant?
BY TERRY, GRAND JUROR:
Q. Also. . .sorry, this morning we talked about impact defects?
A. Yes.
Q. And he said that perhaps you would also talk about that. Are you going to get to that or
[inaudible 01:13:41]?
A. 1 can tell you about the ones that] found on the road and then Sergeant Gorritt will
explain more about what he found in the car. So a bullet is largely made out of copper and
lead, okay, so there?s a copper jacket over a lead core. So when we see something on the road
that looks like a bullet defect, we test it with different chemicals to see if they have the
properties of either copper or lead. So I found a couple of defects on the road that looked like
bullet impacts. 1 tested them for both copper and lead. One of them was positive for copper and
lead, and the other one was positive forjust. . .it was just cepper. So, let?s see, there?s one of

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L1.)

42diagrams will kind of show you where those are at.

DISTRICT ATTORNEY: Which diagram is it?

SERGEANT LAUREN see, can have them in my
?le.

DISTRICT ATTORNEY: There?s photos. too.

SERGEANT LAUREN MILLIGAN: Yeah. The diagram that has the green evidence


ATTORNEY: [Looking through papers] Mm. Let?s see. I?m not sure
which one that is, Sergeant.

SERG EANT LAUREN can help you ?nd them or I can show out of my
file.

DISTRICT ATTORNEY: Is this it?
SERGEANT LAUREN MILLIGAN: Yes.
ATTORNEY: Thanks. Where?s my stickers?

See what?s marked as State?s Exhibit No. 17.

SERGEANT LAUREN MILLIGAN: Okay. Thank you. Thank you. Okay, so with this
there?s, there?s two diagrams. This is essentially all the evidence that we found at the scene.
The top one has got all the green evidence, stuff that?s not bullet casings. The one below it is
all the light, you know, it?s pointing to where all the casing were. 80 up top here, the green
ones just kind of show what different markers are and what descriptions they are. There?s two
of them that are right here, They?re black, and these are those defects 1 was talking about.
They?re 25 and 26. So PIT maneuver happens over here, the impacts happen kind of this area.
This is where her left front tire is there on the, on the shoulder, on the dirt shoulder. This is
where she ends up. As you can see here, the white arrows are kind of all for where all the
casings are at. These two impacts right here, one of them is on the white shoulder line and one
of them is kind of right here on the asphalt near the right rear tire. So those were tested for
copper and lead. They looked like where a bullet hit because you can see kind of the, the lands

and grooves from the casing, and so those were. . .most likely were bullets striking that. 1

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BY LINDA, GRAND IUROR:

Q. Linda.
A. Yes.
Q. So by looking at that, would you say that it was going the gun was shooting

towards the ground?
A. Yes. Yes, so the one that was on the light line was a little more de?nable. You could
tell which direction it was going. It was almost in line with the white line. The other one was
more of a, more of a hole, probably once the builet struck it took out pieces of rock of what
have you, so that one was a little hard to tell the direction. But, yeah, I think they were. . .they
were at least common as far as bullets striking the ground.

BILL, GRAND JUROR: I have a question. Bill. Is this the of?cer we can ask
about the. . .what bullets went into the car and like where?

DISTRICT ATTORNEY: I?m sorry, sir, what was that question again?

BILL: ls this. . .awhile ago I asked a question and you said we?d . . .

CD 5, Track I

. . . get back to it. And i don?t know ifthis is. . .ifyou?re going to cover this later, the impact of
the bullets that went into the car.
DISTRICT ATTORNEY: There?Il be another officer that can discuss those issues.

SERGEANT LAUREN MILLIGAN: Yeah, the only thing that I can add to that is so I
scanned the scene with our high?definition surveying tool. I also scanned the vehicle. So when
Sergeant Gorritt talks about trajectory, I was like the one who actually scanned the vehicle,
okay? And when we scanned it the scan will show where the trajectory rods were inserted in

the vehicle, and he?Il kind of explain a little more about that.

DISTRICT ATTORNEY: If there are no further questions, may this witness be

excused?
FOREPERSON: Yes.
DISTRICT ATTORNEY: Thank you 

SERGEANT LAUREN MILLIGAN: Okay.

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L3DISTRICT ATTORNEY: Sergeant, and if you could just wait for me out there
and not leave?
SERGEANT LAUREN MILLIGAN: Certainly.
[Inaudibie 00:01:09]?
DISTRICT ATTORNEY: Yes. The time is now two thirty-seven. Why don?t we
have a break. Thank you. It gets hot in here.
[0ftc the record]

CD 5, Track 2

DISTRICT ATTORNEY: Mm-hm.
Oh yeah.

[Inaudible 00:00:03].
DISTRICT ATTORNEY: Min-hm.
[Inaudible 00:00:04].
DISTRICT ATTORNEY: Pardon?

There?s [inaudible 00:00:06].
DISTRICT ATTORNEY: So are you ready to get back on the record? Okay, the
time is now two felty-three. The next witness to be called, Sergeant Clay Gorritt. Sergeant
Gorritt.

FOREPERSON: Please raise your hand, please. You do swear?or af?nn that the
testimony which you are about to give will be the truth under the penalty of law.

WITNESS: I do.
FOREPERSON: Okay. Thank you. You can go sit [inaudible 00:00:42].

DISTRICT ATTORNEY: Down here, Sergeant.
TESTIMONY OF SERGEANT CLAY GORRITT

BY THE DISTRICT ATTORNEY:

Q. Sir, would you please state your name.

A. My name is Clay Gorritt.

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Q. And, sir, what do you do for a living?

A. i?m currently employed as a sergeant with the New Mexico State Police Crime Scene
Team.

Q. And are you stationed out of the Las Vegas area?

A. I am.

Q. Okay. What was your involvement in the incident involving Officer Wilson?

A. i was assigned to document the bullet impacts in Ms. Anaya?s vehicle, the silver

Honda, document the blood stains, and document the trajectory of. . .resulting from the bullet
impacts in the vehiclethat? You know, i?m a regular person. How do you do that?

A. Well, what we start by doing is we start identifying impacts consistent defects
consistent with projectile impacts or bullet impacts. So we start looking over the interior and
exterior of the car, looking for these defects in the glass or the metal or the. . .whatever portion
of the car, looking for defects that are consistent with a projectile or a bullet passing through
there.

Q. Okay, you find, you ?nd them. Then what do you do with them?

A. Well, what we?ll do then is we?ll label them and, you know, we?ll stand back a little bit.
We label them and we start looking at them and we start identifying which are primary
impacts, meaning that appears to be the ?rst of a series of impacts, and which are secondaries
indicating that that defect is associated with other impact. So 

Q. How do you de?ne primary impact?

A. So primary impact would be the ?rst place that we see an impact in the vehicle

associated with a particular trajectory.

Q. What wbuld be secondary?

A. Secondary would be those defects that are foliowing on along that same trajectory. So
you might have a projectile that goes through a window then into another portion of the car,
say some upholstery, a seat, and continues on, continues on, and each one of those. So the

primary would be the window, and as you look and as they line up, you see that the other ones

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are secondary, and we would label those as secondary impacts.

Q. What type of cartridges does New Mexico State Police use?

A. Currently, we?re issued nine millimeter. . .of course, we?re talking about a handgun
cartridge.

Right.

We?re currently issued nine millimeter plus plus wrapped.

And is it hollow point?

They are.

What?s a hollow point supposed to do?



Well, the basic premise of a hollow point is that when it strikes soft tissue, it will
expand and become larger. it will mushroom out and that creates tissue damage.

Q. Is it uncommon for. . .when you shoot. . .I shot a handgun, you know, one ofyour guns,
goes through the wall, and it comes out and if it hits something else, can it tend. . .can it lose
fragments?

A. Yes, it can. In fact, what normally happens is when, when a bullet?s shot, its ?ight is
fairly straight along that parabolic are for. . .until it hits the ?rst barrier, whatever that barrier is.
At that point, then, it becomes a question of what angle it struck that barrier, what that barrier?s
made out of, but it really. . .a whole host of things come into play, so you could see some
de?ection. The bullet starts to expand. There?s a whole host of things that can happen and it
becomes kind of indeterminate at that point what that bullet can do. It can be de?ected, it can
ricochet, it can penetrate, stop, it can be de?ected and bounce back. There?s a lot of things that
can happen.

And it can slow down, is that correct?

a.

De?nitely it could slow down.


A
Q. As it goes through things? It can also start to tumble?
A That?s correct.

Explain the tumble.

A. 80, that?s really a mechanism of the deflection of a bullet. As it strikes a surface at

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something less than orthogonal at less than straight on it can be. . .start to yaw. and so it
starts to tumble. it?s no longer traveling in a straight line, the bullet starts to tumble. So it
might still be traveling in that straight line, but the bullet is. . .the axis ofthe bullet is no longer
along that straight line, so you can see some odd entries and exits in whatever barrier it is. It?s

no longer that perfect circular hole that we all kind of think of as bullet holes.

Q. Let?s see. You and i are going to Spend a lot oftime with photos. And we?ll go through
the report.

A. Sure.

Q. So you can. . .we?ll go step by step. How?s that sound? I?m going to make you work. I

know you?re enthusiastic about it. Let?s see. The problem is I don?t want to do overkill, but,
you know, as part of your analysis, you takejust about every angle, photography angle
possible, is that correct?
A. That?s correctthat?
A. Well, I mean, that?s the primary way we document a scene is through photography.
That?s the ?rst and last thing that we do is photography, mainly we show what it is, what the
scene looks like before we get started and what we discover within the scene. And that?s the
primary way'we can kind of convey what we ?nd at the scene is through photography.
Q. Let me do this. [Shuf?ing papers]. We?ll [Shuf?ing papers]. Sergeant, I?m going
to show you what?s been marked as State?s Exhibit 41, 42, 43, 44, 45, 46, and 47. Would you
go through each one and just kind of describe what you see the photo of. And then we?ll get
into the next phase of this thing.
A. Okay. So State?s Exhibit 41 is a photograph of the silver Honda Accord driven by Ms.
Anaya. That?s apparently at its resting place where it had chme in contact with the wall. Some
of the things that I notice that are present here, obviously you can see in the background,
there?s some giass next to the vehicle. There?s also glass on the roadway back behind the
vehicle from. . apparently from whence it came.

So, State?s Exhibit 42 is a, again, another picture of the silver Honda Accord. Now

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we?re looking at the vehicle. it?s been parked in. in a bay at the New Mexico State Police
headquarters here in Santa Fe. These appear to be what we call overview shots. This is the
photography we?li take of the vehicle prior to, to us beginning our documentation of the
vehicle. You can see some damage to the front end of the vehicles. At least some of it would
appear to be older from the tape. You can see there?s some what we identi?ed as impact
defects in the front windshield. Glass is out of. ..is fractured and missing out of all four
windows. . .door windows, and the rear window.

State?s Exhibit 43 is at. . .once again it?s a picture of the silver Honda Accord. Now
we?re looking at the front right, basically a little less than the front right half of the vehicle.
Again, we?ve got damage to the front of the vehicle. Also we can see a defect in the lower
right?hand corner of the windshield. The right front window is fractured and a substantial
ponion of the glass appears to be missing. You can also see a defect in the door and it appears
to be coming from the inside of the door, somewhat below the mirror of the vehicle, which we
later identi?ed as an impact caused by a projectile.

And State?s Exhibit 44, we?re looking at the, basically the back half of the right side of
the vehicle, or the passenger?s side of the vehicle, right side ofthe vehicle. There?s a
substantial portion of giass missing out of the right rear window. it?s important to note that it?s
kind of got this v?shape here and a little there. i think that?s going to be very important later on
when we talk about some trajectories and stuff like that, but a very substantial portion of glass
is missing. We can also look through the vehicle. Right rear. . .or right left rear window is
missing a substantial portion of glass. Also, the right rear tire is de?ated, and you can see in
this picture also that the bumper trim that extends back towards the right rear tire is hanging
down substantially. You can also see. . .it?s hard to see but you can see that the rear window in
this picture, you?re beginning to see that it?s also fractured or diced, as we call it, and is
missing significant pieces of glass.

State?s Exhibit 45 is basically the rear of the silver Honda Accord. You can see some
damage to the rear bumper. it?s hanging low. it?s got damage, appears to be on both corners
and on the rear of the, the bumper. Right rear taillight is missing a substantial portion of the

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lens. You can also see that the rear window is missing a significant majority or the vast
majority of the glass in the rear window.

State?s Exhibit 46 is a higher picture of the rear, looking through the rear window into
the front. You can see the rear window ofthe vehicle. Ifyou look closely you can see one
defect that we identified as a projectile impact in the what i would call the lower left corner of
the window, approximately behind the, the driver?s seat. it?s hard to tell but there?s another one
up in the upper left?hand corner. At least in this photo it?s hard to tell. You can also look
through there and see two bullet impacts in the windshield of the silver Honda Accord.

State?s Exhibit 47, now we?re looking at the left side or driver?s side of the vehicle. it?s
important to note that the driver?s side window is missing a substantial amount of glass. Also,
the left rear door window is missing a substantial amount of glass, been fractured and diced.
You can also see, on the leading edge of the window, there?s a defect present there that we
identi?ed as a projectile impact. You can also see in the headrest there is a defect in the
headrest that we later identi?ed as a bullet impact. . .or projectile impact that was associated
with the trajectory.

Q. Thank you for doing that, Sergeant. This way it gives them an opportunity to view the
vehicle. What I?d like to do now, Of?cer, is go through your. . .basically how you started with
your investigation, how you label everything, like 1A, you know, so on and so forth.

A. Right.

Q. And we? 11 go through it, and then I will give you a photo that corresponds to that so that
you can describe what you?re looking at.

Sure.

Does that make sense?

Sure.

Okay. So what is your What?s the I stand for?



So I is basically an acronym for impact. So I?ve identi?ed that as a likely projectile
impact in the vehicle. I mean, we?re talking about bullets striking this vehicle. We kind of
stand back and we say, you know, this looks like a projectile has struck the bullet. . .or struck

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L1the vehicle. I?m going to identify this defect in the vehicle with an I and an item number
associated with it. Now, when, when it?s plainly obvious that a series of defects are linked in
that one?s a primary and the rest are secondary, we?ll do is we?ll say, okay, this is
ll, the next one might be llA, the next one might be ME, and so on. Later on you?ll see that
some defects are not. . .that later on I correlate or I say that these are linked together. They don?t
follow that methodology because when i first found them and i first identified them, 1 was not
certain that they were, in fact, linked together. So some defects, and speci?cally ll I think, is a
good example. it?s 

Q. Okayfairly obvious that that one and the corresponding defects behind it are all linked
together by the same projectile.

Q. Let me show you State?s Exhibit 48 and 49, and explain what you?re talking about.

A. Right. So we this is a picture ofa projectile impact in the, the roof of the
silver Honda Accord. lt?s behind the headrest. . .or, sorry, not the headrest, the sunroof,
and basically above the approximate center of the right rear door. So a projectile has struck the
roof, been de?ected, continued traveling in its. . .in that same azimuth and has then struck the

roof of the vehicle a second time. It has perforated the roof at that point, and then it continues

Q. Excuse me.
GRAND JUROR: Can you show us 
BY THE DISTRICT ATTORNEY:

Q. Could you hold it up?

A. Oh yeah, I?m sorry.

Q. Stand up and show them, please?

A. Sure. So we have the initial strike of the, the projectile. i would identify this as a
primary bullet impact, right. It?s the ?rst place that we see this, this projectile struck the
vehicle. 80 it struck here. it?s been de?ected, but only Now, it continues on in that, in

that same path. it continues on and it strikes the roof in another place. Now, at that point it

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perforates the. the roof at 118 and it basically it goes through the sheet metal
and then it continues its path and we stait seeing defects inside the roof, inside the
sheet metal where it?s hitting, hitting, hitting, until it comes basically to a stOp at the sunroof
portion. There was something solid enough there to stop that, the projectile from continuing
any further.

Q. So ifyou look at the next photo, I believe that?ll 

A. Right, but then we --

Q. -- show what you?re talking about.

A. then we?ve. . .we identify each one ofthose, and so in this case no question that these
are all related to one projectile. So i have labeled them ll A, 1113, ll C, 1113 and then. . .or 
and HE, okay? ma?am.

BY LINDA, GRAND JUROR:

Q. Linda. So at which point is the bullet actually entering the car?

A. So at this point it has penetrated the roof at 1113, for this particular one. It?s deflected at
ll A, and you can see that. it struck the vehicle at an angle shallow enough, acute enough, that
it doesn?t go into the metal, it?s de?ected and goes [inaudible 00:21:39]. But because
of the shape of the car, as it continues it then strikes at an angle in the roof because the r001c
doesn?t just end there and go flat. mean, the roofs kind of a curved shape there, it is able to
penetrate the sheet metal here and continue you. And then it, it becomes a case of it?s moving
here and creating little defects, but never able to leave the, the roof of the vehicle. Yes, sir.
BY MALE GRAND JUROR:

Q. So would it be. . .a shot like that, would it be from the side or would a shot like that
come from the rear, since it?s angled like this? 

A. Well, right. This particular vehicle comes from. . .and that gets into us talking about
how we established a trajectory path. So what I would do here in this case, and what did in
this case was i establish a trajectory path by putting a trajectory rod in these defect. I?ll link the
?rst defect and a secondary defect. That?s the only way that we can do a trajectory, and that

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leads us. . .that gives us a trajectory that comes from back to front. from right to left, and this
particular shot, I believe. was very upwards.

BY LINDA, GRAND JUROR:

Q. Linda. On the right side ofthe car, it?s on the right 

A. This particular one. yes.

Q. side [inaudible 00:23:06] in front.

A. Yes.

BY THE DISTRICT ATTORNEY:

Q. That?s the passenger side, correct?

A. Yes, right side would be the passenger.

Yeah. And that shot skimmed the roof, basically.

A. Basically, yes, it. . .it was basically between the headliner and the metal exterior sheet

metal of the roof.
Q. But it didn?t enter the compartment where the 

A. It did not enter.

Q. passengers were.
A. This particular shot did not enter what we would consider kind of the passenger area
compartment.

So you identi?ed that as a primary impact defect, correct
Yes. Now, I. . .now, of course, II A is the primary impact.

Correct.

Are secondary.





A



A. 1113, C, 



A w? and are all secondary impacts. They? re all related to IIA.
But the reason I, I raise that is that?s one of the ones you used for your trajectory
analysis.

A. That?s correct.

Q. Okay. So going on to 12.

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A. Okay.

Q. And correct me ifi?m Wrong, butl beiieve this is 12, and ifyou could describe what
that is?
Okay, so 12 --
Q. And that?s State?s Exhibit No. 
A. Fifty.
Q. -- 50, thank you, sir.
A. Okay. So 12 is the next defect that I?ve identi?ed in the vehicle. It is a impact in the

glass of the right front window. if you took closeiy you can see this defect is elongated because
of the angle that it struck the glass. You can see the white where it struck the giass, that gives
that particular indication that it is a defect. Also --

Q. If you could turn it around and show them so that they know what you?re talking about.
A. So this is the defect, right there. Now, notice that there?s a substantial amount of glass
missing from here, and there are common reasons for that. The first time a bullet strikes
tempered glass which is What the side windows and the rear window of a vehicie are as it,
as it goes through, it. . .when it perforates the glass, the glass fractures and becomes diced, and
that?s these little tiny pieces here. Now, that makes the glass very unstable, very unstable, so if
the door?s inanipuiated, if it?s slammed, if another projectile goes through now it doesn?t
normally mean that the glass is all going to fali out. In fact, you could expect to ?nd all of the
glass still there and just be diced if we only have one projectile go through it. Some glass could
fall out, but any further manipulation to the glass or the door or the whole vehicle could cause
the glass to fall out. And that?s going to be important a little bit later. in any case, there?s 12.
Okay?

Q. Okay. Let?s see. [Paper shuf?ing]. The next one is 13A and 3B, is that correct?

A. That?s correct.

Q. Show you what?s been marked as Stateis Exhibit 51 and 52. And you can pass those
around.

A. Okay. Well, I wanted to hold onto this one because we 

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Okay, Gorritt, hang on.

and I?ll pass them around together 

20.}43

Okay.

A. because we?re going to talk about 12 in relation to BA. So we?ve already talked about
this is a projectile that has gone through this window and diced. You can tell it was not an
orthogonal strike, meaning it did not strike perpendicular. it struck at some angle. During my
trajectory analysis 1 determined that it likely was. . .continued on after strike this and 
projectile was actually the cause of this defect in the lower left?hand corner of the windshield,
13A. That bullet struck the windshield, and because ofthe way the windshield glass is
manufactured, it actually de?ected and went into the dash and caused the defect 1313. So what
we have here is a projectile that has struck 12, gone through the window at an angle. Now, that
bullet, and we talked about a bullet striking a barrier begins to slow down. Because it?s slowed
down and because of the construction of the window of the lamination of the front windshield
on modern vehicles, if it strikes that window at an angle, that window starts to deform because
ofthat lamination between the two pieces ofglass. i guess it?s ?exible or something like that.
It allows it to deform as opposed tojust shatter like the tempered glass that we see on the side
window. And so it deflects the window down and into the dash. So during my trajectory
analysis, 1 linked 12 with BA and BB. SO that would be an example of primary and secondary
defects that we later linked together. I

Q. How you doing, Sergeant? I?m making you work.

A. Yes, you are.

Q. Okay. This is a good thing. Next I?d like to ask you about l4. Let me show you what?s

been marked as State?s Exhibit 53.



A. So 14 is a defect in the leading edge of the rear left door. Now, because of the nature of
this defect, we can see that it is traveling from right to left, meaning from passenger to driver
side, and it has struck the, the leading edge of this door and has actually gone into the window
frame of the, of the door, on the leading edge of that, that door there. And it?s actually, it struck
it in such a manner that it has caused the frame to deform, but not allow that bullet. to perforate

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the exterior sheet metal. So it deforms that metal and falls down. That gets back to it would
appear that that bullet had already slowed at some point, so we might expect a bullet that had
not slowed, a projectile that had not slowed to perforate that. So that might be some indication
that we could say, you know, there was some intermediate barrier that this bullet may have
struck before this to cause it to deform this sheet metal and not be able to perforate it.

Q. Let me show you what?s been marked as State?s Exhibit 54. It relates to your 15.

A. Right. Now, 15 is a defect in the right rear window, so right passenger side door
window. You can tell there?s not much ofa defect present. it?s very small. it is. . .a very small
amount of the defect?s present. The majority of the glass has fell away. That presents some
challenges when we?re doing a trajectory analysis. it doesn?t lend itself to a good trajectory.
However, based on my analysis, 1 have come back and said that while I cannot say it with a
certainty, it is likely associated with that defect that we see in 14, okay? And we?ll talk a little
bit about the difference between certainty and likeliness, I guess likelihood, of these
trajectories that, you know, some things I can?t say with a certainty, but we get to a point where
we can infer some things that appear to be likely. Okay?

Q. Of?cer, l?m going to show you what?s been marked as State?s Exhibit No. 55, and,
actually, we can take care of two of your numbers, 16 and 118.

A. Okay. Right. So 16 and ll 8, and I?m going l6 and 118 are projectile impacts in
the right front rim of this vehicle. 16, I think, I think every would agree, even to somebody who
has no experience in this, that there?s obvious a very significant impact to that rim with that
divot. That metal?s broken out like that. Veiy obvious impact. 118 is much more subtle, and
that is. . .what causes that is a bullet that has struck the rim at an acute angle and is deflected or
a we would call a ricochet off of the edge of the rim. Okay? So those are two bullet
impacts in the right front tire of the silver Honda Accord. Or right front rim. I guess I should be
more specific. 1

Q. I?d like to show you what?s been marked as State?s Exhibit 56 and 57, and 57 
illustrates your 7 and your 8 numbers.

A. Okay, so 17 is. . .this is a defect in the right rear tire of the Honda. You can see there?s a

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L1.)

U1

?40

10
ll

 

small circular defect in basically the tread portion of the tire, but very close to the sidewall area
of the tire, and that?s a projectile striking the tread, penetrating the tread and going into the tire.
The 18 is a primary impact in the wheel well of the right rear tire area of the Honda Accord. 18
was interesting in that initially because of its shape and its location, I initially considered or
determined that it was a secondary impact. Based on some locations of other defects that we
were able to locate and then able to do some trajectory on it, we later determined that 18 was,
in fact, a primary defect and that the reason why it was so irregular in shape was that the plastic
of the wheel well had deformed oddly and kind of hidden that, that shape that we look for in
some primary impacts.

[Paper shuf?ing]. Fifty?eight, 59, and 60 correlate to your 9.

Okay. So 19A through, I believe it goes through 1913 

Do you have 19 sub 

Is there an 1 mean, yes, there is one. No 

Did I 

lC. . .I9A. . .yes, you can just see it 

Okay.

in this picture, the actual [inaudible 00:37:28] 

I?ll give you a better C.



Okay. So WA is 1 would classify as a primary bullet impact. We?ve seen a
projectile has come from the back of the vehicle and has struck the right rear headrest, the
headrest on the passenger side of the backseat. It is perforated, the headrest, meaning it?s
entered and exited and it continues its travel. it strikes the. . .so when it exits the headrest that?s
198, so that?s. . .you could probably use the picture. . .oh, you had a picture 19B.

Q. Here?s 61, 62, and 63. 

A. Okay.

Q. These are up here.

A. Alright. So it enters the headrest at 19A, exits the headrest at 1913, continues on its path

to 19C which you can just see in this picture, and let?s see if we have a better picture of 19C.

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DJ 





 

Yes. So we have a picture, strikes the front right seat, the front passenger seat, just to the left of
the headrest, perforates the seat, exits again at I believe it?s 19E because when labeied them I
got and backwards, so it exits that seat at 19E and continues on to yeah, here?s a
picture ofl9E. So it?s exited the passenger seat, the front of it, and then continues on to T913,
striking the dash just to the right of the radio console area, and it goes into the dash. Eventually
that bullet continued on and it struck the heating core and was up against the firewall. Put these
in some kind of rationale order, here.

Q. So, Officer, l?d like to Show you 64, 65, and 66, and give you these, your 10 and your
llfrom State?s Exhibit 64, are defects in the left half ofthe rear window
of the Honda Accord. 110 is here, more towards the center, is up here. You can tell there?s
obviously a substantial amount ofglass missing, not uncommon when more than one projectile
strikes that tempered glass which the rear window is made out of tempered glass, unlike the
front window. Now, ll l, and this picture of 11 1 you can see just a small part of the defect here,
once again not well de?ned but certainly present. But the other thing that we see is this. . .this
last fragmentation is this pulverized glass. What happens when a bullet strikes glass is that
regardless ofthe angle that?s. . .when it strikes it, the glass, approximately orthogonal or
perpendicular to that glass, there?ll be a deposition of pulverized glass moving away from

the. . .that defect. And so we see a perfect example of that showing this pulverized glass there.
That?s secondary fragmentation and it is indicated that this, this appears to be related to 11 l, i
believe. Right, and here?s a better picture on State 66 showing the defect and that orthogonal
deposition of that pulverized related to 1.

Q. Sergeant, I?d like to give you what?s been marked as State?s Exhibit 67, 68, 69, and 70,
and they correlate to your 12. . .it?s l3:

A. 80 State?s Exhibit 67 we?ve got primary impact 112A. We also have a secondary
impact just up and to the left, 11213. This particular one, and if you look closely you can also
see more of that pulverized glass indicating that this projectile more likely than not struck a
window ?rst, meaning there was glass present there, as it continued on, and it continued in its

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path, went through 112. either a fragment of the bullet or a fragment of the glass. and this

 

LJJ

U1

-JON

 

 

pulverized glass was deposited on the headrest of the vehicle. 112A continues on to ll 2C
where it exits the right side of the driver?s headrest. You can even see, i mean it like [inaudible
00:43:34] it?s struck the foam lining inside, whatever?s inside that headrest, and has drug some
of it out there. And then it?s continued on.

l13A is another me check something. i want to make sure that l. . .I
believe 113A is going to be a, yeah, secondary impact. You can see the glass. Once again we?ve
got pulverized glass here, around there, indicating that that projectile has struck some glass,
that glass continues on in the same basic path ofthe bullet. and the bullet has. . .or projectile
has struck the seat, perforates the seat, exits at ll 3B. it?s important to note and we?ll talk a
little bit about it later -- but there were no terminating defects associated with 113, and this is
going to be important later. Alright, put these back in an order here. [lnaudible 00:44:50].
BY GRAND JUROR:

Q. When you sorry.

A. Yes.
Q. Okay. When you say no terminating defects, what does that mean?
A. Okay. So the bullet will continue the projectile will continue on until it expends

all of its energy and comes to rest, and we expect to see some evidence of that somewhere.

Q. Okay. I

A. So we?re always looking for the terminating defect. If it strikes this surface, goes
through this surface, then we?ll continue that path and say, well, where did it land. And we
didn?t ?nd that terminating defect in the vehicle. Now, I think we?re going to find it someplace
else. We?ll talk about that in just a little bit.

BY LINDA, GRAND 

Q. Linda. On 112A and B, is that primary entrance into the left 

A. Headrest.
Q. Headrest.
A. Yes.

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Ithe left [inaudible 00:45:56].

A. Yes. That projectile?s coming from left to right, downwards, from back to
front. I think when we start talking about trajectories a little bit more, and we?ve got some
demonstratives that?s really going to clear this Up, as far as directionality. Yes, ma?am.

BY SHARON, GRAND JUROR:

Q. Sharon. This may be [inaudible 00:46:27] nature, but according to your investigations
of the primary defects, how many bullets or how many defects were there below the. . .on the
lower part of the car like towards the, you know, the tires?

A. Right. Okay. So let me start with how many impact defects we. . .let me back up just a
little bit and l?ll answer your question as part of that. So identified forty-one total defects in
the vehicle associated with projectiles. Now, we?ll talk about it in a trajectory phase, but
basically we?ve identi?ed, to answer your question, i think speci?cally, was able to identify
ten trajectories. There were 

Q. On her person or. . ..

A. Well, no, now trajectories are different than 

Q. Oh yes, I, i understand.

A. They?re not primary, okay? So we?ve got a defect. . .if we have a primary and a
secondary defect, we can establish it?s trajectOIy.

Q. Yes.

A. Okay. was able to establish that there were approximately four primary defects in
the. . .either the, the left front. . .or, I?m sorry, right front the or left rear tire, and one in the
wheel well of the right rear tire. So, now that one later on, 18, it actually entered the cab
through the wheel well but was not a, I guess what I would say, is not a factor in, in Ms.
Anaya?s injuries. But: so I guess to answer your question, those five rounds would be at the

lower portion of the vehicle. Does that. . .is that 

Q. Yes.
A. answer your question? Okay.
BY THE DISTRICT ATTORNEY:

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DJ



\Doouoxut

So, Sergeant, I?d like to show you what?s been marked as State?s Exhibit 73, 74, 75, ?76,
77, 78, and that?s the numbers indicated.
A. 1 think 1 need to --
Q. Seventy-nine and 80 also.
A. I think 1 need to addjust a little bit so that it, it?s a little bit more clear. 1fyou?re
considering, and 1 think I know where you?re going with this which is why 1 want to make sure
that you you?re considering this. And ifyou?re considering rounds in different levels,
there were also two defects that were not present in the vehicle, and no trajectory is possible,
and those are the defects that were present on the asphalt in the, in the vehicle. So I gave you a
number. It could be suggested that those defects could be in addition to or part of that number.
SHARON, GRAND JUROR: Okay.
SERGEANT CLAY GORRITT: Okay? And 1 have no way of knowing whether
those are separate, unrelated to the defects that I identi?ed, meaning that they? re. . .could that
bullet have struck the ground, ricocheted, or been de?ected back up into the vehicle. And then
1 see that evidence in the tire. Do you see what i?m saying?
SHARON:

I thought the bullet would have stayed in, in the asphalt. 1 thought the

casings were, were blooming.

SERGEANT CLAY GORRITT: No. Casings are not bullets.
SHARON: Oh, l?m sorry.
SERGEANT CLAY GORRITT: So when you see a defect in, in the asphalt, it does

not mean that the bullet stayed. Okay, so, it is more likely that it has been de?ected, okay?

SHARON: 1 see.

SERGEANT CLAY GORRITT: But I think that the 

SHARON: Yes. 

SERGEANT CLAY GORRITT: the true answer to your question is don?t forget

about those two defects, okay?
BY GRAND JUROR:
Q. [Inaudible 00:50:30] my question just 

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U.)

U:

 

A. Yes, ma?am.

Q. [inaudible still going back to that 112A.

A. Yes, ma?am.

Q. And when you said they came through on the left, inside their car, it brought. . .1 mean,

if your angles, where approximately on the left side of the car did they enter?
A. 1 think that question will be we going to get to the demonstratives of
the trajectories?

DISTRICT ATTORNEY: As soon as we ?nish this, we?re going into --
SERGEANT CLAY GORRITT: Right. I. . .as part of my trajectory analysis, 1
generate a demonstrative of a trajectory cone. Basically it is a possible location from where
that shot came, and 1 think that?s going to answer your questior 

SHARON: Okay.
SERGEANT CLAY GORRITT: very ciearly.
DISTRICT ATTORNEY: And I apologize to you. The reason the Of?cer is going
through all these photoscreated this. 1 know that it?s, it?s monotonous,
but this is something we need to do so that we can, you know, do it correctly.

SERGEANT CLAY GORRITT: 114 is a defect in the steering wheel of the Honda
Accord. In the steering wheel cover, I guess the, like the surface of the steering wheel, not so
much the, the metal, okay? So 1 identi?ed that as 114. Later on, through my trajectory analysis,
1 was able to establish that it was a primary impact and that it was related to the secondary
impacts 115A which was in the front left door, the driver?s side front door, and 115B which is
on the exterior of the driver?s door. So this projectile entered the cab, struck the steering wheel,
continued on, struck the driver?s side door just forward of the door handle that?s this
mechanism right here continued on and exited the driver?s side door. Okay. So I?ll pass
those on.

I16 is a defect in the windshield, the front right corner ofthe windshield. We?ll see. . .1
think there?s probably better, well, pictures. . .this projectile actually fragmented at that point

and some of the projectile stayed in the dash, some of the projectile continued on,

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strike. . .struck the windshield wiper and then ended up underneath the hood in that same area
ofthe vehicle. I

State?s Exhibit 77 shows secondary impact, 117A, I3, and C. This is a projectile Which
has come from left to right, back to front, and it struck the dash just below the. . .this vent on 
the right side ofthe vehicle, the passenger side of the vehicle. It continued out. . .now, this
picture shows the door open. Obviously, the door was closed when this happened. It continues
on, strikes the door and penetrates this inner panel of the door and continues on, and then we?ll
see. . .here?s better pictures ofll7A, 117B, ll 7C. Do you have a picture ofIl7D? it may not be
important. This projectile actually, from it continues. This is the front passenger side door,
the front right door.

DISTRICT ATTORNEY: No, I don?t.
SERGEANT CLAY GORRITT: It continues on and strikes the exterior sheet metal
but at that point it doesn?t have enough energy to penetrate it, so it strikes that and falls down.
We actually recovered that projectile in the body of the door.

BY LINDA, GRAND JUROR:

Q. Is that responsible for. . .Linda. Is that the buckle in the door that you see in the red

[inaudible 00:54:56]?

A. Yes. Exactly. On the right side. On the right side.

Q. 

A. Okay, the, the projectile in the left door perforated it and continued on.

DISTRICT ATTORNEY: Let?s see. [Makes sounds as shuffling through papers]
Okay. Okay, let me show you what I?ve marked as State?s Exhibits 71, 72, and that?s when this

happened, SI, 82, and 83.



SERGEANT CLAY GORRITT: Okay, State?s Exhibit 71 is a, another one of those
defects in the rim. This one is in the rim of the right rear tire. It?s another de?ection. Because
of this hard aluminum of the rim, the bullet has struck it at such an acute angle that it has

de?ected and gone on. Here?s a close-up of that. You see that typical [waig? 00:56:33] shape

indication that the bullet has come in, struck the metal, and then continued on, deflected by the,

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1xthe hardness of the metai.

US is another 

GRAND JUROR: Could you turn itjust a littie bit?
SERGEANT CLAY GORRITT: Oh yes, l?m sorry. go back to this one, so, so
this is that kind of waig shape indicating that the bullet has come in at this direction, struck the
metal, and then deflected off, okay?

So MS is a defect in the, I believe this is the right front tire, ifl am correct. Yeah, right
front wheel of the, of the Honda. Very subtle, but, once again, you can see that a very hard
object has struck that and been deflected off of there. So that was State?s Exhibit 

State?s Exhibit 82 is the primary impact You can see a circular defect in the
weather?stripping of the I?m sorry, rear left door, the rear driver?s side door. A bullet
has actually penetrated the weather?stripping, gone on and struck the metal behind. Once it
struck the metal it was deflected off and to the left and continues on into what we call the 
pillar ofthe vehicle, or the middle pillar, and eventually that bullet is. ..loses enough energy
that it is unable to perforate the sheet metal, and it presumably fell down into the cab.

Here?s some close?ups of120A and 12013, 120A being the primary impact and 1208
being the secondary impact and 120C kind of being that terminating defect where we find that
the bullet has made its last strike of any kind of barrier, sorry, [inaudible 00:58:44]. And so this
is the circular defect in the, in the weather?stripping, defect in the metal, and because of the
metal deforming and de?ecting that bullet it ends up coming back this way into 120C. Okay?
BY THE DISTRICT ATTORNEY:

Q. i?m here. So, Officer I should say Sergeant. You know, you went through all the
photos and you identified the defects. What?s the next thing you do in order to determine
trajectory? 

A. So once, once we?ve identified all of these defects in this vehicle, we start inserting
what we call trajectory rods into these defects that we can establish azimuth and
elevation angles, basically trying to determine can we say with any kind of certainty where this

round came from and where it went to. And so that?s what i did. So we were able to identify

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Uten trajectories in the vehicle. Now so we have ten trajectories in the vehicle now. There were
four primary impacts that were unsuitable for trajectory analysis. and those are the ones in the 
rim and the tire. Withont a secondary impact a suitable secondary impact -- to allow us to
establish trajectory, therethere. The other thing that we have to
consider, and something that becomes important is, as the wheel?s rotating, because it?s
striking that rim, it changes that greatly. And I can?t. . .there?s no way, at least in this case, in
this investigation, for me to say where that tire was in relation to where that shot was fired. So
those don?t lend themselves to trajectory. But we were, or I was able, to identify ten trajectories
in the vehicle.
Q. So, Sergeant, would you identify what?s been marked State?s Exhibit No. 84?
A. Okay, so this was the. . .basically the legend for my trajectory analysis demonstrative.
Here I?ve listed the ten trajectories that was able to identify. 1 list them ?rst by the primary
impact and then the corresponding secondary defects, up to a. . .any deflection point where it no
longer be able. . .even though that secondary defect may still be established as part of that, it
doesn?t become part of the trajectory analysis because it?s deflected, say, some strange angle,
some very acute angle that it no longer becomes important to the trajectory analysis. We?re
really interested, in most of these, where the shot came from as opposed to where it terminated,
although termination becomes important in some of them, obviously.

So we have identi?ed ten trajectories start with 112A, I12C, 117A, 117B, ll 7C, and 117.
That?s the first trajectory. The next one is 120A through 1208. The next trajectory is ll 1
through 116. The next trajectory is 110 through ll 3A through ll 3B. The next trajectory is 19A
through 1913 through 19C through 19E through 19D. The next trajectory is 18 through 1813. The
next trajectory is ll A through "for brevity I?m just going to give the terminating defect -- 11 E,
12 through 13A, 114 through ll SB, and 15 ?through 14.
Q. Sergeant, do those numbers always correlate to the photos that they?ve seen with the
markers that you?ve created to show the 
A. Exactly. Those are 

Q. the [inaudible Ol :03: 1] 

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U1 DJ

DON-.the same numbers, same designation. Now, one thing I want to make sure that we,

we understand that 1 have not put these in any particular order. This order doesn?t indicate

sequence, doesn?t indicate anything, color. When we see the demonstrative, doesn?t indicate

anything other than I chose that particular color and I chose to put it in that order. Okay?
You?re going to see an elevation l?m sorry, an elevation and an azimuth. You

know, azimuth is the horizontal angle that the bullet has come in to wherever it struck, and

elevation is going to be basically from parallel to the ground, okay? It?s important to know that

give a degree for each of these, but that degree is plus or minus five degrees, 1 mean the

spread of about ten degrees, and there?s a reason for that.

BY DENNIS, GRAND JUROR:

Q. It?d be Dennis. This horizontal angle, that, I mean the angle back and forth, is relative

to what?

A. Relative to the vehicle.

To the, to the Honda.

To the Honda, right. Now 

15 it on the center line of the Honda or 

Right. Exactly.

Okay.



So zero would be right down the center. And we?ll say, so for example, the ?rst
trajectory 112 through 11 was at an azimuth of ?fty degrees from left to right, okay, so it?s
?fty degrees from the center line, traveling from left to right. It was at an elevation of minus
ten degrees, so it was downward ten degrees, okay? Talking a little bit more about why, why
we have plus or minus five degrees -- and you?re going to see it. . .you see one number and then
you?re going to see a cone in the description. Like all things, when humans measure things,
there?s a little bit of uncertainty. There?s also a little bit of uncertainty on how. . .what amount
of de?ection there is present when a bullet even traveling what we would call perfectly
orthogonal or perpendicular to a surface, when it strikes it there might be, you know, a

deflection that we can?t explain because we say, oh it struck it perpendicular. It should have

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just traveled straight through it. You know, real life isn?t, isn?t like that. It isn?t neat and tidy
like that. So it?s been well established through the experts, and one of the experts trained me,
that plus or minus ?ve degrees based on the uncertainty of measurements and all that, is a
reasonable assumption for these trajectories. Okay?

Q. Okay. Sergeant, I?d like to show you and let?s do these for. ..let?s just get them
introduced and then you can start working.

A. Sure.

Q. Okay. The ?rst one is State?s Exhibit No. 85. What is that?

A. State?s Exhibit 85 is a top view ofthe silver Honda Accord. It?s a trajectory analysis
demonstrative showing the trajectory cones that i have established for the vehicle.
[lnaudible 01:06:32].

Actuaily, this one should precede 

Okay.

this one.

Alright.

So this one doesn?t have the roof 

Eighty-six.

-- yeah.



Okay.
A. This one has the roof removed. l?ve digitally removed the roof of the, of the vehicle so
that we can see the trajectories as they continue on.
Q. Okay, 86 then.
A. Eighty-six is basically the same view, except that the roof is, is present. So, really, you
would look at 86 ?rst and then you digitally remove the roof and you can kind of see the
trajectories as they continue on. Yes, ma?am.
Q. Can, can. ..let us just identify 

GRAND UROR: Okay.
Q. -- them and then you can ask all the questions. You don?t mind?

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DJ



 

GRAND IUROR: No.
A. Okay.
Q. ljust kind Eighty-seven.
A. Eighty-seven is a close?up of the same view with the roof removed. We can start seeing
the trajectories a little bit clearer and how they went through the vehicle.
Q. Eighty-eight.
A. Eighty-eight is a rear view of the trajectories that 1 established, so we?re looking at the
rear of the Honda and, i mean, we?re looking directly at the rear so we see trajectories coming
from the left and the rear and from the right. Okay?

Q. [Inaudible 01 :07144] at the scene?

A. No, it?s the same.
Q. Okay, so, you?re going to take, then, and this is howwould be a trajectory ofthe right side ofthe vehicle, so we?re looking at the right

side of the vehicle looking at these trajectory cones. You can easily see the trajectories on the
right side. It?s a little harder to see them on the left side, obviously, because these cones are all
on about the same level, which is kind ofconsistent. And then we?ve got the left side view of
the vehicle showing the trajectories to the left side. Okay?

Q. Okay. So, why don "t you. . .tirst of all, based on those trajectories, can you tell which
shot occurred first? I

A. i cannot sequence shots in that manner. Now, it is sometimes possible in tempered
glass to do some sequencing, but it?s impossible in most cases to establish this shot came
before this shot. Okay? I think it?s, it?s, it?s possible, because of the way tempered glass
fractures, it?s sometimes possible to say this shot came before this shot. But the other shots in
other windows, I can?t say. . .I can ?t sequence them and say this one came before that. It?s just
not possible. In order to look at that, you have to look at the totality of not just the trajectory
but of the scene, casings, everything within there to get a better view. But even then, nobody,
nobody is ever going to be able to say this shot came before this shot, just based on its location

in the car. Okay? if there was some evidence there, you know, if there, if there was something

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 there that, that would lead us to believe there. . .if one projectile struck an object which then
moved and was struck by another object, not by another projectile, and we could see that
movement, then we might be able to say, well, you know what? This shot came before that.
But of these shots I cannot sequence it. it?s 

So if you would pick up the purple car.

Okay.


A
Q. And point to where the, the red shot came from 
A Okay.

starting on the left side view.

A Alright. Let me set this up here so we can kind of see it. Can everybody see that?
Alright. So, this is the purple car. Red shot is coming in so this is a two-door car, the Honda
Accord was a four?door car, so we?ll have to imagine that there is a second door here comes
in through the right side window, right, strikes the headrest, continues on through the headrest.
After it exits the headrest it continues on, strikes that dash at 117A, way in the right. . from
right portion, the driver?s side portion, goes through the dash, enters the right side door,
continues on until it strikes the exterior sheet metal where it. . .yeah, failure to penetrate that
metal and it drops into the door. 80 it?s basically coming through here.

Q. That?s the red. The next color is blue or something.

A. I Dark blue.

Q. Dark blue.

A. So dark blue is coming in at a little bit shallower of an angle. It comes through that
same window area, strikes the rubber windshield or, yeah, window trimming. . .window
stripping, and then perforates the leading edge of the door frame and continues on into there
and it drops in, in there. Okay?

Q. i give up, what?s the next color?

A. It?s hard for me to tell from this one. Let me get a good top view. So the next one
would be brown. Okay. Brown, this is one that we need to talk a little bit about, in that this is a

trajectory that I?ve identified as being likely but not certain, okay? This is. . .brown is going to

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believe. and I?m going to consult my chart so we don?t get. . .let it cross. . .let. . .yeah.
ll to 116. So we had that defect in the upper right-hand portion of the rear window. Then we
have a defect in the windshield in the right-hand corner ofthe windshield. And we talked about
that bullet slowing down. ifthe bullet is traveling at a same speed as it exits the
muzzle of the. . .of a firearm, the 9 millimeter, especially the that the State Police carry, it
it struck the windshield without striking an intermediate barrier, some barrier before, I would
eXpect that it would penetrate that windshield. That windshield doesn?t have enough strength
to deflect it. in that, that 1 see that that bullet has been de?ected down into the dash and into
the hood, it must have struck an intermediate barrier. Given the angle that is present there and
this defect here, 1 matched these two up and said, it is likely although it?s not a scienti?c
certainty, that these two defects are related. Okay? So this. . .it is my opinion, i guess is what
I?m trying to say, is that this bullet has traveled through Ii 1, continued on, struck the
windshield at 116, and ended up in the dash. Okay?

How about the blue one?

The dark blue one?

Is that dark blue?

Are we talking this one or this one?

And that?s the. . .which is the next one?

next one is light blue.

Okay, that?s light blue.

Okay.

How about that one?

Okay. That is 110, okay? And it linked it to 113A and 13B. Now, that?s one of
those ones that we talked about no terminating defect, okay? 110 and 113A and 113B again,
they. . .when Iran a trajectory rod through 113A and 11313, it was aligned perfectly on the same
azimuth as 0. But it was several inches below 110, and actually the trajectory rod pointed
back to the rear seat where no defect is present. Okay? So that tells me that something has
changed, right, bullets, projectiles, okay, the laws of physics. They travel in straight lines, they

Regarding the Matter of the investigation of the Death of Jeanette Anaya
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don?t loop-to-ioop or do anything weird. They may tumble but they?re still traveling by the
laws of physics.

i?m not certain of what caused that change, if it was movement in the seat when those
officers got Ms. Anaya out of the vehicle in order to do CPR on her or whatever other medical
things that they did, or if it was just the lack of her weight, or something else moved that seat.
80 there was a little bit of vertical correlation that wasn?t there, but given that the azimuth is
dead on, it?s likely, highly likely, that those are linked together. Now --

Q. So, Sergeant, is one consistent with the injury that Ms. Anaya sustained?
A. Right. We talked about it not having a terminating defect. Based on my analysis,
without having that terminating defect, we start wondering, well, where is that defect? And, in
fact, in looking at the injuries that Ms. Anaya sustained, particularly the round that struck her
in the back and exited in the throat, this defect. . .this trajectory, would appear to be the
projectile that struck her in the back. Okay, no. . .we don?t see that terminating defect because
the bullet was recovered, i believe, from her clothing where it exited her neck. Okay?
Q. And then the next color, is that green, dark gren?
A. Dark green. So that?s going to he 19A through 19E, i believe. i think this is the one I?m
looking for, yes. So green is 19A through 19E. . .or 19D, l?m sorry. This is the projectile that
came through the rear window, or the rear window area, struck the headrest, the right rear
headrest, the right. . .the rear right passenger headrest, went through the passenger seat and
ended up in the dash next to the radio. Okay?

CD 6, Track 1
Q. Next color.
A. It looks yellow. It?s actually orange. When 1 produced this, this is more of a
photocopying issue, but this is orange and it?s designated that way in my chart. So this is TBA
through 1813. This is the trajectory'of the defects in the right rear wheel well. So this bullet
came from this direction, struck the wheel well, and continued on into the passenger cab,
underneath the rear passenger seat.
Q. And the next one, whatever color.

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The next one is going to be purple. That is 11A through 1113. So this, this trajectory is
the one in the roof. right? That was the first one we saw. it?s striking the roof. it de?ects at first
then is able to penetrate the sheet metal of the root and continues on between the headrest and
the exterior of the sheet metal until it comes to rest approximately at the edge of the rear of the
sun roof of the, of the Honda.

Q. Next color.

A. Next color is. . .let?s go with turquoise. That?s this color here. That?s l2 into 13A. That is
that impact in the front right window. It matches up with the secondary defect BA in the front
right corner ofthe windshield ofthe Honda Accord. So this bullet has come from this angle
and gone through this front right door window and continued on until it struck the windshield,
ended up in the dash.

Next trajectory is going to be 114. it?s the yellow one right here. il4 through 115A
through 115B. This is the one that it comes through the right rear window, continues on, strikes
the steering wheel, continues through the door panel, exits the door at 11513 and continues on. I
don?t believe. . .well, we did. . .I believe there was some projectile fragments located at the
scene, but it?s indeterminate whether those projectile fragments were associated with this.

Q. is it possible that that shot correlates to the head injury in Ms. Anaya??

A. It is possible. You know, there are two trajectories thatl cannot exclude. So we?ve
already talked about the trajectory that struck her in the back. There?s no doubt in my mind that
it?s this, this trajectory right here, this light blue trajectory. There?s two trajectories that I
cannot exclude that are the ones that struck her in the head, and that?s going to be this one in
the red and this one in the yellow. One in the red, one in the yellow, okay? And the reason why
is, is those are the ones that are at the right approximate height, depending upon body position.
There?s no way to exclude those because I think it?s possible to put the human body in a
position that would allow that trajectory to be the one that struck her in the head and exited out
her left cheek. So yellow and red I cannot exclude. i also can?t say one is more likely than the
other. Those are what I have identi?ed.

BY DENNIS, GRAND JUROR:

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M10

Dennis. We do know which side of her head was the entrance wound.
Right.
Correct?

That?s correct.



So What 

A. The entrance was in the back of her head, on the right side, exited out her left,
left cheek. But here?s the thing. The human body can twist and turn, not only at the neck but at
the hips. And so if we start considering, and we have to in this case, if you start leaning
forward in the seat, twist at the hips and look back, you start exposing the right?hand side of
your head to different portions of the vehicle, depending on how far you start looking back
behind you. Yes?

BY A GRAND JUROR:

Q. But then possible that the one that you say is kind of what you think entered the back,

could it have been, or she slumped from the bullet wound to the back, and it could have been 

A. i can?t say. Once again, we?re getting into possibilities of the body position.
Q. Right.
A. is she slumped over because she?s ducking, she?s moving forward? Is shejust up

against the steering wheel? Has she been struck by another projectile? I cannot say. There?s no
way for me to say. ljust can?t sequence them in that manner. it gets to that question of the
human body?s remarkably ?exible, and it?s made to articulate and I can?t, I can ?t exclude
those, those rounds.

Q. Okay, again, okay?

A. Yes.

?It

Q. The of?cer said that the car was coming towards him, the ?rst thing that he
noticed was the rear windshield coming towards him. So that?s when he?s I assume, maybe
not -- that's when he started ?ring. So getting back to that part, maybe if he was at the rear of .
the vehicle, those were the first, give or take.

A. I think that might be a reasonable assumption, but, once again, I can?t sequence them

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U: LJJ 

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that way. My trajectory has to stand on its own, regardless. . .I mean, these are physical facts,
and there is no altering them, within reason, right? Certainly one could make assumptions, but
my analysis doesn?t allow me to do that. have to go with the facts that I see. Okay?

Q. Okay.

BY THE DISTRICT ATTORNEY:

Q. What colors do we have left?

A. Pink. Pink is IS to l4. This is another one ofthose that is likely but not to a certainty.
We have a defect present in the right rear window that does not match up with any other
trajectory, and we have a defect in that right rear. . .or that pillar. So we. . .basically, it?s an
inference. It?s likely that these two match up, but it?s not a certainty. Does that make sense?
Okay. So that covers the ten trajectories that we?ve talked about. . .or that I was able to identify.
Yes, ma?am.

BY SHARON, GRAND JUROR:

Q. i?m Sharon. I?m assuming that the lighter part ofthe cone is the source? Okay.

A. Right.

Q. That?s where the of?cer --

A. Right. So. what I?ve done is. . .the way a trajectory cone works, we?ve established. . .I?ve

established. . .and I?ve set my cones to begin with the exterior of the vehicle. We know that
they?ve passed at this point, and they most iikely have struck some portion of the, of the
vehicle prior to entering the cab: the glass, the sheet metal, what have you. So we work kind of
backwards from there and say because of the uncertainty of measurements, human error, those
kind of things, you know, if I measure this can two millimeters and you measure this can a
millimeter, we?re going to get a different number, probably, right, depending on how close we
measure it. That generates this cone plus or minus five degrees. But you can see, and if you
start looking. . .and that?s why these side views become so important. You start seeing that
they?re very consistent. They?re alt coming from a very. . .roughly the same height. Now,
there?s some that are more down than others because that might indicate that those shots were

being placed at a different area. But they?re consistent. They all match up. We don?t have one

Regarding the Matter of the Investigation orthe Death of Jeanette Anaya
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42*- 

~4an

that?s going straight up. We don?t have one that?s going straight down at an impossible angle,
okay? You check this other side, you can see how consistent these cones are. Alright. Yes,
they?re areas. That?s a general area where that shot or that projectile could have originated
from. And these are c0nes do not indicate a distance from the vehicle, because
that was not part of my investigation. 1 was not at the scene. I slowly was at the.. .investi gated
the vehicle while it was present in the bay there at the State Police [inaudible 00:09:52].

BY SANDRA, GRAND JUROR:

Q. Sandra. Is there any way on that one photo that you?ve got standing up there that maybe
you can show us where the police car?s back end was at the, at the collision point from, you
know, so we can kind of look at?

GRAND JUROR: There?s a diagram right there.
SANDRA: Yep.
SERGEANT CLAY GORRIT: Alright, ui --
DISTRICT ATTORNEY: You need a [inaudible 00:10:11] --
SERGBANT CLAY GORRITT: Yes and no. Let?s talk about that because it?s
going to bring up some other things. Remember that this is a dynamic event. We?ve vehicles
moving, we?ve got people moving, both inside and outside ofthe vehicle. I cannot, based on
my trajectory, put vehicle her, shooter here, at this time. Remember, these are all in relation to
the vehicle. Now, you could take this picture and put it into the diagram and say,
well, he?s here. But that leads us to say, well, what if it. . .the vehicle was forward five feet or
back five feet? It starts bring in a lot of what ifs. What i can say is this is the trajectory

associated with those. We can make some assumptions, but that?s what they would be, they?d

be assumptions.

FOREPERSON: No, you brought that. 
SBRGEANT CLAY GORRITT: Okay.

BY THE DISTRICT ATTORNEY:

Q. So, where?s the one where. . .the close?up with the roof off? You could just kind of

put. . .where?? Show them where, where the passenger would be sitting.

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42it?s a little bit hard to see, but the passenger would be sitting [inaudible 00:] 1:32]. 1
think you can see the passenger was extraordinarily lucky.
GRAND JUROR: Yeah.
GRAND JUROR: He got on the floor, and he said he was [inaudible 00:] :40]

down, you know. [inaudible 00:l 1:42] 

SERGEANT CLAY GORRITT: Yeah. He was extraordinarily lucky.
GRAND JUROR: it?s another way he was really lucky.
GRAND JUROR: Yeah.
SBRGEANT CLAY GORRITT: Yes, sir.
BY A GRAND JUROR:
Q. There were no primary impacts, just i guess, coming directly towards the driver.
A. Well, okay, so l?m not sure. I mean, this is directed towards the driver. 1 mean 
Q. No, what i mean is coming straight 
A. Like 
Q. -- down from the top. . .no, the other one.
A. From the top?

GRAND JUROR: Coming in from the driver?s 

GRAND JUROR: From the driver?s side.

GRAND JUROR: From the driver?s side.

SERGEANT CLAY With the except. . .1, i mean 

GRAND JUROR: With that one.

SERGEANT CLAY GORRITT: this, this one?s. . i guess, i guess this one?s

close to what you?re talking about. This one comes through that driver?s side headrest at a

3

pretty. . .1 mean, I wouldn?t call that an acute angle in relation to the vehicle. it?s. . .let me. . .i

think that?s like at ?fty degrees or something. Yeah, ?fty degrees, so it?s 

GRAND UROR: But these were ten trajectories.
SERGEANT CLAY GORRITT: That?s correct.
GRAND JUROR: And we had sixteen?

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DJ

Ul

OKDOOMIQ

SERGEANT CLAY There. . .1, I believe it. . .there were sixteen rounds
tired 

GRAND JUROR: [lnaudible 00:12:59] two hit the ground.
SERGEANT CLAY GORRITT: Right. And there was --
GRAND JUROR: [Inaudible 00:13:03] four you can [inaudible 00:13:04].
SERGEANT CLAY GORRITT: There was two into the right rear tire and two
here. So that mean, that comes up with sixteen, right? You?ve got ten trajectories. 1
will tell you that?s exceptional that. . .that actually caused me quite a bit of concern that it. . .it?s
easy to say, oh, we identified everything. It?s real easy for a bullet. . .or a projectile to have
traveled through one window and through, through another, and if it?s not the first impact of
either one, for you not to see that evidence. So my point is, is 1 think that we were
extraordinarily lucky that we were able to do this much analysis and identify these trajectories.
This is not easy, i guess is what i?m trying to say. Yes, ma?am.

BY A GRAND JUROR:

Q. One last question. it looked like, and what you?re saying is, ever shot that. . .the ten
that you can account for are coming at an angle from the back of the vehicle or towards the
back end of the vehicle, and nothing coming directly at the driver, standing beside the driver,
on the driver?s side of the vehicle.

A. Right. i don?t see any shots that are what 1 would call orthogonal to the side of the
vehicle, perpendicular. They?re all coming from back to front, some more than others. 1 mean,
we going to go to see red. It?s starting to get acute. Pink is also starting to
get acute. But they?re all . . .of the trajectories that i have identi?ed, they are all from back to
front, okay? Now, once again, the ones at the tires, 1 have no way of establishing trajectories
for those, but 1 think that that?s part of where you start looking at the totality of the scene. This,
in conjunction with the video or in conjunction with the physical evidence that was out at the
scene and was placed in the diagrams, you start seeing that complete picture. Yes, ma?am?
BY SHARON, GRAND UROR:

Q. Sharon. So just by what your analysis is, and that?s the scienti?c analysis which is all of

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DJ 



?xlONUthis that not what your, your belief system ofwhat?s [inaudible 00: 1 5:35]. The car is

moving during this time, yes?

A. Yeah. Now, I don?t base my movement on the trajectories, okay?
Q. The movement of the car?
A. Yeah. The trajectory is simply what it is. Where 1 see the movement, of course, is

i do see a little bit of movement because i see that the tires have rotated. At least the
right rear tire, there?s a trajectory at the top and a trajectory at the. . .or an impact at the top and
an impact at the bottom. Okay, so that indicates to me that that tire was probably moving. That
might give me some indication. But, of course, we have video 

Q. Yes.

A. -- that shows during this incident that there was movement of the vehicle. We have the
reconstruction of the PIT and the subsequent impact after that, and then we have the video that
shows the vehicle coming back into, into view that shows that movement. The trajectory itself
really can?t show you that.

Q. Min?hm.

A. Okay? I mean, it would be just. . .just from the trajectory, if] didn?t have a video, ifl
didn't know anything, 1 could just as easily assume that he [inaudible 00:16:55].

Q. That?s what [inaudible 00:16:58] 

A. But that may not be 

Q. Yeah.

A. -- right? i think that there is movement. We know there is movement of this vehicle,
from the video. We know there?s movement of people within the vehicle, and we know he?s
moving. So we have all of these things move in a very complex system. Okay.

In talking about the movement, 1 think there?s one more thing that we need to talk
about, especially with consideration to this yellow trajectory. If you watch the video very
carefully, which 1 did. 1 actually went through it frame by frame by frame. When it comes into
view, when the vehicle comes. . .the Honda comes in. . .back into view, after this incident was
started, after shots had firing, you see the vehicle come back into view. My. . .it

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appears to me that when that vehicle comes back into view, this right rear window has
sustained at least one, and possibly two, impacts at that point, because the window appears to
be fractured and missing a signi?cant amount of glass. In fact, it appears to me and you have
to look on a very good monitor that it, the glass is fractured as we found it. . .as 1 found it
when 1 went to do my projectile analysis.

1t1111?1k that?s important because that places some of these shots as having already been
?red at that point. So that gets a little bit into sequencing. 1 can?t give you an order, but it
appeared to me that that window was fractured and the glass is missing. And 1think that?s
something that if you go back to look at the video that you want to look for very closely.

DISTRICT ATTORNEY: Do members of the Grand Jury have any more questions
for Sergeant Gorritt?? Sergeant, 1 appreciate your education and your thoroughness, and 1 think
maybe we?ll just take like a ten-minute break. it?s kind of hot. Everyone?s tired. So the time is

now 4:20. We?re offthe record.

[Off the record]

CD 6, Track 2
DISTRICT ATTORNEY: The time is now 4:36. Our next witness will be Sergeant
Lorenzo Aguirre. Sergeant? And ifyou?ll recall, you?re under oath.

SERGEANT LORENZO AGUIRRE: Yes, ma?am.

RECALL SERGEANT LORENZO AGUTRRE
BY THE DISTRICT ATTORNEY:

Q. The questions that came out with another witness, Sergeant, is why. . .do you know
what kind of warrant was out for Ms. Anaya? 

A. There was a, a conceal. She was concealing her identity warrant. It was a five hundred
Dollar bond warrant out of the City of Santa Fe.

Q. So out of Municipal Court?

A. Out of Municipal Court.

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So it was on concealing identity.
That is correct.
Okay. That was the warrant.

That is the warrant that she had for her.



Okay. There was a question earlier. There was a witness, Mr. Munoz, who testi?ed
prior, and was asking him and reading him some statements he made. And did you take a
statement from Mt. Mu?oz?

A. I did, the night of the incident, at the, at the hospital itself.

Q. Okay. Alright. Let?s see. I?d like to show you just a couple of items here. Where is
Of?cer Wilson?s ?rearm that was used that night?

A. it was taken into evidence, ma?am, and the reason we do that is because we wanted to
match the casings that were there at the scene with the actual weapon that was ?red.

Okay. So basically, it?s at the crime lab.

A. That is correct, ballistic testing.

They haven?t processed it.

A Not yet.

Q. Okay. So I?d like to show you what?s been marked as 92, 93, 94, 95, and 96. Could you
tell me what those items are?

A. 80 State Exhibit 92 is ac. . .the actual weapon that was utilized by Of?cer Wilson 

Okay.

A the night of the, of the shooting.
And what kind of weapon is that again?
A. It?s a Smith 85 Wesson 9 millimeter.
Okay.

A It?s the actual weapon that is issued to us, to a depattment.
Alright.

A Exhibit. . .State Exhibit No. 93 is the actual magazine, the, the magazine that carries
approximately seventeen rounds 

Regarding the Matter of the Investigation of the Death oFJeanette Anaya
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actually carry one in the chamber, so approximately eighteen rounds would

So what does that picture depict?

Theyjust depict the actual magazine that carries the rounds.

Okay, is there a cartridge in that one?

There is a cartridge. . .well, we call them magazines. Itis cartridges.
Okay.

But, um, in the law enforcement, well, setting --

Okay. Alright.

we call them magazines.



Okay.

A. Sorry about that. Apologize. State Exhibit No. 94, again it?s another secondary
magazine with no casings in it or any bullets inside of it.

Q. Okay.

A. There?s also one single bullet aside that was taken from the magazine and
photographed to be part of the actual bullets that came from the, from the actual
magazine.

Q. And why, why was that done?

A. Just so we can corroborate the actual bullet with, with the magazine itself, ma?am.
Q. Okay.
A. State Exhibit No. 95 is showing the same two magazines together in one photo, and it?s

also just weighing the amount of bullets that were in each magazine itself. ..in itself.

Q. Okay.

A. And State Exhibit No. 96 is our backup weapon. It?s a 38 caliber backup that is issued
as well, through our department, and it?s voluntarily [sic] if you want to carry it on duty, but it
is a secondary weapon that is issued to us by the State.

Q. And was Oliver Wilson carrying that the night of the incident?

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And he was carrying it that night, that is correct.
And was that fired?

That was not tired, ma?am.



Okay. Thank you. Did you locate all sixteen casings at the scene? Not you personally,
but were they located?
A. Most ofthem, ma?am. for the majority ofthem were, I believe. i don?t have a set

number. i think it was fourteen ofthem, but don?t quote me on that one --

Q. Okay.

A. -- but most of them were located.

Q. And they were throughout the street, is that correct?

A. That is correct. They were scattered throughout the street where the incident occurred.
Q. I?d like to show you what?s been marked as State?s Exhibit No. 18. Can you identify
that?

A. State Exhibit No. I 8 is the actual patrol that. . .the front part of the patrol car that
Officer Wilson was driving the night of the incident, with several numbers displaying the
position of the casings that were found at the scene.

Q. What number is that?

A. . StateExhibitNo.18.

Q. Okay. And here?s State?s. . .no, l?m sorry, what number is on the marker, evidence
marker?
A. Oh, one. i?m sorry. displaying number one. The cone is displaying the

actual number one.

Q. Okay. Here?s State?s Exhibit No. 19. What does that depict?

A. A secondary casing and it?s noted as number two. 

Q. Okay.

A. At that?s State Exhibit No. 19.

Q. State?s Exhibit No. 21, if you could just. . .what does that identify?

A. State Exhibit No. 2] identi?es a green cone with number three and number four, also,

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casings and a ?ashlight that appeared to have been dropped by Of?cer Wilson the night of the
shooting.

Q. [Inaudible 00:06:56] if it gives the location ofthe flashlight there.

A. it just gives the actual standard where Officer Wilson was standing as he was exiting

his unit, and his flashlight rolled out from inside his vehicle.

Q. And was, was his vehicle left in drive?
A. At the time, yes, ma?am.
Q. And did the flash have kept it from going forward, do you know? if you don?t know,

don?t answer.

A. Yeah. More than likely, ma?am, but, yeah, I wouldn?t be able to go to that. . .give you
that answer.

Q. So here?s State?s Exhibit 22 and 23, which are. . .depict?

A. So State Exhibit 22, again, is a green?colored cone with the number three, noting the
position of another casing that was fired from, from Officer Wilson?s duty weapon.

Q. The next photo?

A. And the next photo is State Exhibit No. 23. Again, it?s a green in color cone, noting
number. . .the number four. Also noting a casing that was tired from Officer Wilson?s weapon.
Q. Here?s State?s Exhibit 24 and 25.

A. State Exhibit No. 24 is a green in color cone with the number seven on it, again noting
the. . .a spent casing that was found there at the scene, being ejected by Officer Wilson?s
assigned weapon. And State Exhibit No.25 shows the number eight also displayed on the
green cone, and, again, it?s noting another casing found there at the scene ?red from Officer
Wilson?s weapon.

Q. Now, ifyou could identify State?s Exhibit 27, 28 and 29?
A. State Exhibit No. 26 has a green cone again, noting the number nine, and this. . .it?s
actually diSplaying another casing that was again found at the scene, shot from Of?cer
Wilson?s duty weapon, and that was State Exhibit No. 26. State Exhibit No. 27, again a green
cone noting the number twelve, dis. . .or displayed on, on a casing shot by Officer Wilson?s

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weapon. found at the scene. State ExhibitNo. 28, it?s a green in color cone noting the number
thirteen, identifying another casing found at the scene, and the casing being shot from Of?cer
Wilson?s duty weapon. State Exhibit No. 29 dispiays a cone number fourteen, also noting a
spent casing that was found there at the scene and also shot from Officer Wilson?s duty
weapon. And just for the record, all these casing that were found are 9 millimeter casings.

Q. State?s Exhibit 30, 31, and 32?

A. State Exhibit No. 30 is actually a green in color cone noting the number fifteen,
showing shattered glass found there at the scene from the impacts that were made by both
vehicles. State Exhibit No. 31 shows again a green in color cone noting number sixteen, again
displaying shattered glass from the impact both vehicles, of the unit and the vehicle
driven by Mrs. Jeanette Anaya. State Exhibit No. 32 is displaying a green in color cone noting
the number seventeen, indicating that another spent casing was found there at the scene, and
the casing being shot from Of?cer Wilson?s duty weapon.

Q. State?s Exhibit 20, 33, and 34.

A. So State Exhibit No. 20 is showing the number green?colored cone noting
the number eighteen, identifying another spent casing found at the scene, and the casing
coming from Officer Wilson?s duty weapon. And State Exhibit No. 33, again a green in color
cone noting the number nineteen, showing a spent casing that was found at the scene, and the
actual casing being shot from Officer Wilson?s duty weapon. State Exhibit No. 34, displaying
the number the number 20 on a green cone, i?m sorry, and a. . .it?s displaying or, or depicting
the actual casing that was found there at the scene, being shot from Of?cer Wilson?s duty
weapon.

Q. Finally, State?s Exhibit 35, 36, 3?7, and 38.
A. State Exhibit No. 35, again a green in color cone, displaying?the number 31, showing a
spent casing found at the scene that was shot from Of?cer Wilson?s duty weapon. State Exhibit
No. 32 [sic] displaying a green-colored cone, item number twenty-three, also showing the, the
position of a casing that was found at the scene, that was shot with Officer Wilson?s duty
weapon. State Exhibit No. 37 is a green in color cone noting the number twenty three. Again, it

Regarding the Matter of the investigation of the Death of Jeanette Anaya
Grand Jury
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Ixfound casing that was located there at the scene, and the casin being shot from Officer
Wilson?s duty weapon. State Exhibit No. 38, a green in color cone noting the number twenty-
four, again showing a spent casing that was found at the scene, and the casing was a 9
millimeter round that was shot from Officer Wilson?s duty weapon.

Q. Finally, 1 have these last [ones?? 00:13:51]. So I?d like to show you what?s been marked
as 97, 98, 99, and 100. lfyou could please, identify those.

A. State Exhibit No. 97 shows one of our uniform patrol units displaying the unit number
249, and that was the unit that Officer Wilson was driving the night of the incident. State
Exhibit No. 98 shows the front part unit 249 having heavy damage to the left front
bumper and light portion of the vehicle. Again, that was unit 249, our State Police unit. That
unit was assigned to Officer Wilson the night of the, of the incident. State Exhibit No. 99
shows the front part of Unit 249 and the actual photo displaying damage to the front part of
the. . .of the front bumper of the. . .of unit 249. State Exhibit No. 100 is showing frontal damage

to unit 249. . .front bumper damage to unit 249 with some paint transfer.

Q. And in what county did all of this occur in?
A. This occurred in Santa Fe County, ma? am.
Q. On what day, sir?

A. November 7th, 20 i 3.

Q. And the decedent?s name?

A. Jeanette Anaya.

DISTRICT ATTORNEY: I have no further questions of this witness. Members of

the Grand Jury? You may be excused, Agent. . .or Sergeant. I have to get used to Sergeant.

SERGEANT LORENZO AGUIRRE: Thank you, ma?arn.



DISTRICT ATTORNEY: Give me a moment here to get myself together.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
Grand Jury
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00me

tun?4
CDKD

 

JURY INSTRUCTIONS
DISTRICT ATTORNEY: Okay. That concludes the presentation of evidence in this
case. I will now instruct you on the law in this case.

For you to find probable cause, probable cause, it means the evidence presented would
cause a reasonable person to believe that a crime has been or not been committed. Probable
cause does not require proof beyond a reasonable doubt.

Here?s the, the instructions on this. For you to find whether this homicide by a public

officer wasjustified, you must find the following: one, at the time ofthe killing, New Mexico

State Police Of?cer Oliver Wright [sic] was a public officer or employee.

GRAND UROR: Excuse me?
GRAND JUROR: Was it Wright or Wilson?
DISTRICT ATTORNEY: Pm sorry, Wilson. l?m sorry. i put in the wrong name.

Wilson. I apologize. Wilson. Thank you.

The .the killing was committed while New Mexico State Police Of?cer
Oliver Wilson was performing his duties as a public officer or employee. Three, the killing was
committed while Officer Wilson was overcoming the actual resistance of Jeanette Anaya to the
discharge of his duties as a police officer in a traffic stop. Pour, a reasonable person in the
same circumstances [as] New Mexico State Police Officer Wilson would have reasonably
believed that Jeanette Anaya posed a. . .threats of death or great bodily harm to himself or
another person. That?s the end of that instruction.

In addition to the other elements, you must find probable cause to believe that
letis see, that doesn?t really apply here. Ladies and gentlemen, that completes
the. . .that completes the evidence and the instructions on this relevant law in this matter. I ask
you to deliberate and vote upon the matters presented at this time for each suggested charge. 1
tender to you a form which indicates and it reads, ?In the matter of the investigation of the
death of Jeanette Anaya, the Grand Jury of Santa Fe County in the investigation of Jeanette
Anaya finds it to be ajustitiable homicide.? There?s a place for yes and there?s a place for no.
And it?s signed by the Foreperson and then it?s given to me.

Regarding the Matter of the Investigation of the Death of Jeanette Anaya
Grand Jury
Page 16]

 

UThe time is now 4:58. 1, the alternate jurors. all other aides to the Grand Jury, the tape
monitor, will withdraw, and as soon as we have done so, you may begin to deliberate. No one
else will be allowed in the Grand Jury room while you deliberate. if you have any questions or
complete your deliberations, please knock on the door.

CD 6, Track 3
[Knock]
DISTRICT ATTORNEY:

Okay. We?re back on the record. The time is now ?ve

forty-six. The Certi?cate indicates that it is ajustifiable homicide. Is that correct, Mr.

Foreperson?
FOREPERSON: That is correct.
DISTRICT ATTORNEY: Then Iwill Sign it, and is the conclusion ofthis

case. Thank you very much. And, quickly, 1 know you?re all in a hurry. This is your last night.

GRANDJUROR1 
[End]
 

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