1 STATE OF LOUISIANA CASE NUMBER: 2 523-972 "F" 527-510 "F" 3 4 VERSUS PARISH OF ORLEANS JOHNQUELL BIBBINS CRIMINAL DISTRICT COURT 5 6 7 8 9 10 TESTIMONY OF MR. KEITH McGUIRE given during 11 the trial held on the 13th day of March, 2017, before 12 the Honorable Robin D. Pittman, judge presiding. 13 14 15 16 APPEARANCES: 17 18 TIFFANY TUCKER, ESQUIRE 19 ZACHARY POPOVICH, ESQUIRE 20 For the State of Louisiana 21 22 J. C. LAWRENCE, ESQUIRE 23 A. J. IBERT, ESQUIRE 24 For the Defendant 25 26 27 28 REPORTED BY: 29 30 Tammy LeBlanc Joseph 31 Certified Court Reporter 32 Criminal District Court, Section "F" 1 1 2 3 4 I N D E X 5 6 PAGE 7 8 Motion in Limine - 9 Prior Convictions of Witness 10 11 STATE WITNESS: Keith McGuire 3 12 By the State 8 13 By the Defense 30 14 15 CERTIFICATES 34 16 17 18 E X H I B I T S 19 20 For the State: 21 S-3 911 Call 14 22 S-4 Line up procedure (audio) 16 23 S-5 Jail call 21 24 S-6 Subpoenas 23 25 S-7 Subpoenas 23 26 S-8 Medical Release form 25 27 28 29 30 31 32 Criminal District Court, Section "F" 2 1 PROCEEDINGS 2 MS. TUCKER: 3 Just briefly, I did tender a notice to 4 defense counsel of prior witness convictions. I 5 attached a copy of the rap sheet for the victim in 6 this case. 7 briefly outlining the law where it indicates that 8 arrests that did not result in a conviction are not 9 admissible for impeachment against the victim. I did attach a motion in limine just So I 10 would ask that defense counsel refrain from asking 11 the victim about any arrests which did not result in 12 a conviction. 13 THE COURT: 14 Defense, one, have you received the 15 notice of prior witness conviction? 16 MR. LAWRENCE: 17 We did not. 18 MS. TUCKER: 19 What, you did not? 20 (Confers with counsel.) 21 MS. TUCKER: 22 It's not -- I'm sorry, it's not a 23 separate motion, Your Honor. The case law is 24 underneath the notice just as it relates to arrests 25 that did not result in a conviction. 26 THE COURT: 27 And so is the witness we are referring 28 Mr. Keith McGuire? 29 MS. TUCKER: 30 Yes, Your Honor. 31 THE COURT: 32 Is Mr. McGuire the next witness? Criminal District Court, Section "F" 3 1 MS. TUCKER: 2 Yes, Your Honor. Your Honor, I also 3 tendered a copy of the letter of immunity that the 4 Attorney General -- that the Attorney General and the 5 District Attorney have jointly signed. 6 THE COURT: 7 Alright, any response to the State's 8 notice of prior witness conviction? 9 MR. IBERT: 10 Yes, Your Honor, with regard to the 11 convictions. Based upon what the state has given us, 12 there appears to be only one conviction for 13 distribution of narcotics from California. Is that 14 the state's contention? 15 MS. TUCKER: 16 That's my belief, Your Honor, from 17 1998. 18 MR. IBERT: 19 However, what's not clear with regards 20 to their notice is the usage of the aliases by Mr. 21 McGuire which indicates a 2000 usage of at least one 22 other alias. 23 THE COURT: 24 I don't understand the question. 25 MR. IBERT: 26 Are we prohibited from questioning 27 with regard to his use of identity -- 28 THE COURT: 29 Of, his use of - 30 MR. IBERT: 31 Of, of his, his maintaining separate 32 identities. Criminal District Court, Section "F" 4 1 MS. TUCKER: 2 I wouldn't see the relevance of it, 3 Your Honor. 4 MR. IBERT: 5 -- of aliases. 6 THE COURT: 7 Well, do you have, or is it upon 8 information and belief that he's used an alias and 9 has convictions under those aliases? 10 MR. IBERT: 11 According to the state's, what they've 12 provided to us, Your Honor, he's used a prior alias 13 of Gregory Banks, Mark Frederick Banks. 14 MS. TUCKER: 15 My only response, Your Honor, to that 16 would be that I do not believe a conviction was 17 sustained for that alias. 18 should or would the alias have sustained a conviction 19 that would be subjected to cross examination. 20 However -- So, I would argue that 21 THE COURT: 22 Well, that's what I was trying to ask. 23 MS. TUCKER: 24 -- just the simple fact of an alias is 25 not relevant for this purpose, Your Honor. 26 THE COURT: 27 That's what I was asking defense. 28 Upon information and belief, do you believe that this 29 man has received some type of conviction underneath 30 that alias? 31 MR. IBERT: 32 I, that we don't know, Your Honor -Criminal District Court, Section "F" 5 1 THE COURT: 2 Otherwise, I don't understand -- 3 MR. IBERT: 4 -- because there's no separate rap 5 sheet for the alias. So -- 6 THE COURT: 7 Right, but the state has -- 8 MR. IBERT: 9 -- as Your Honor recalls -- 10 THE COURT: 11 Wait, wait, but the state has an 12 obligation to turn over any and all information 13 regarding a witness's rap sheet whether it be under 14 his biological name or alias. 15 MS. TUCKER: 16 That's correct, Your Honor. We did 17 tender the entire Triple-I, and that's not even what 18 the law requires. 19 arrest and convictions but due to the lengthy nature 20 of his rap sheet, and the arrest history, I did 21 tender a copy of the Triple-I that includes all of 22 Mr. McGuire's aliases. 23 sustain a conviction. 24 but that did not result in a conviction. 25 argument is that the pure fact that he has an alias, 26 that is not relevant. 27 this alias that would be relevant but he does not 28 have a conviction under the alias. 29 conviction in 1990 for, I believe it's distribution 30 of a controlled dangerous substance. The law just requires a list of However, the alias did not He was arrested under an alias So, my If he had a conviction under He has one 31 MR. IBERT: 32 The difficulty, Your Honor, is that Criminal District Court, Section "F" 6 1 he, we have not had the opportunity to determine 2 whether or not there, what occurred with regard to 3 the theft, that particular arrests as it's not 4 listed. 5 THE COURT: 6 Okay, well if it becomes relevant then 7 I guess you can ask to approach and I'll deal with it 8 at that time. 9 MS. TUCKER: 10 Judge, may we -- 11 MR. IBERT: 12 And furthermore, Your Honor, we also 13 ask that Mr. McGuire be given a lawyer as his 14 immunity agreement does not, does not protect him 15 from a perjury charge in the event that his testimony 16 -- 17 THE COURT: 18 Does not prevent him from a? 19 MR. IBERT: 20 Prosecution for perjury, as 21 specifically attempted by the attorney general Ladder 22 (sp.ph.), so he needs to be advised of that. 23 in custody, we believe he's entitled to a public 24 defender. As he's 25 MS. TUCKER: 26 Your Honor, just briefly in response 27 to that. A witness is not automatically entitled to 28 an attorney because he may or may not commit perjury. 29 For purposes of, I would argue, potentially 30 compounding a felony by receiving money from the 31 defendant or his family members, that he did need 32 immunity for. So he does not need an attorney for Criminal District Court, Section "F" 7 1 that specifically. 2 As it relates to perjury, people take 3 the stand everyday without attorneys. 4 committed a crime until they actually commit the 5 perjury. 6 he's not entitled to an attorney at this time and I 7 would also like to just approach with defense counsel 8 very briefly before we start. 9 They haven't So, Your Honor, I would just argue that THE COURT: 10 Okay, there's nobody in here, but -- 11 (Counsel approach bench w/out record.) 12 (Jury escorted in.) 13 * 14 THE COURT: 15 State, you want to call your next 16 17 * witness? MS. TUCKER: * * 18 19 At this time, the state calls Keith McGuire. 20 THE COURT: 21 All right, and so ladies and 22 gentlemen, the deputy went to get the next witness. 23 So if you can give her just a few minutes to do that. 24 * * * * 25 (MR. KEITH McGUIRE, after having been 26 first duly sworn, did testify as follows:) 27 BY MS. TUCKER 28 29 Q. Mr. McGuire, can you please state your name for the record? 30 A. Keith McGuire. 31 Q. Mr. McGuire, how old are you? 32 A. Sixty. Criminal District Court, Section "F" 8 1 2 Q. I'm going to take you, and just for the record, have you and I ever met before? 3 A. No. 4 Q. Have you spoken to my investigator Corey 5 Porter? 6 A. Yes. 7 Q. I'm going to take you back to January 3rd 8 of 2015. Do you remember reporting an assault on 9 yourself at Tulane Hospital? 10 A. Yes. 11 Q. Okay, and what happened to you on January 12 3, 2015? 13 A. January 3, 2015? 14 Q. You just said you remember reporting an 15 assault. What happened? 16 A. I was at the hospital. 17 Q. And why? 18 How were you at the hospital; what happened to you? 19 A. My jaw was broken. 20 Q. How? 21 A. Some man attacked me. 22 Q. Okay, and when you say "some man attacked" 23 24 25 you, did you start the fight? A. I can't recall. I know I wasn't trying to run away. 26 Q. Okay. 27 A. Because he ran up on me. 28 Q. Okay, so somebody ran upon you? 29 A. Yes, some dude just come from around the 30 corner, and looked like he was running to try to 31 attack me. 32 Q. Okay, and do you remember making a 911 Criminal District Court, Section "F" 9 1 call? 2 A. No. 3 Q. If I let you listen to your 911 call would 4 you recognize your voice? 5 A. I don't know. 6 MR. LAWRENCE: 7 Objection, Your Honor. 8 her not to lead this witness. 9 THE COURT: 10 Sustained. 11 We would ask BY MS. TUCKER 12 Q. I don't know how that's leading but -- 13 A. I don't think I -- 14 Q. -- would you recognize your voice on a 911 16 A. I probably would. 17 Q. Okay. 15 18 19 call? I'm going to play your 911 call to see if you recognize your voice. (Portion of 911 call played.) 20 BY MS. TUCKER 21 Q. Do you recognize your voice? 22 A. Not really but I can hear it. Q. Do you hear yourself identify yourself as 23 -- 24 25 Keith McGuire on the call? 26 A. I heard that. 27 Q. Okay. A. I don't remember that, ma'am. 28 29 I can hear So, is that the 911 call that you made? 30 MS. TUCKER: 31 Your Honor -- 32 THE WITNESS: Criminal District Court, Section "F" 10 1 It was two years ago. 2 MS. TUCKER: 3 -- I would ask for permission to play 4 the entire call. 5 THE COURT: 6 Any objection? 7 MR. LAWRENCE: 8 No, Your Honor. 9 THE COURT: 10 Okay, permission granted. 11 (Entirety of 911 call played.) 12 13 BY MS. TUCKER Q. All right, Mr. McGuire, I just played your 14 911 call. 15 identity of who attacked you, or who assaulted you, 16 you said, "Not really. 17 did you mean by that? 18 19 20 A. On the call when he asked if you know the I've seen him around." I've seen him around the neighborhood. Q. Okay. You also indicated "He drives a black BMW, he came out and assaulted me." 22 seen him in a black BMW before? 24 25 He lives in that neighborhood. 21 23 What A. I've seen him in the past. You had I've seen him when he passed the street I was on. Q. Okay, do you remember telling the officer 26 that came to the hospital why the defendant came out 27 and attacked you, what was the reason behind it? 28 A. No. 29 Q. Do you recall telling the officer who 30 arrived on the scene -- 31 MR. LAWRENCE: 32 Objection to the hearsay, Your Honor. Criminal District Court, Section "F" 11 1 MS. TUCKER: 2 It's what he told the officer. 3 THE COURT: 4 Sure, overruled. 5 6 BY MS. TUCKER Q. Do you recall -- 7 MR. LAWRENCE: 8 And the officer can testify to it, 9 Your Honor. 10 MS. TUCKER: 11 What he -- 12 THE COURT: 13 No, she's asking him does he recall 14 what he, himself, said to the officer; not what the 15 officer said. 16 MR. LAWRENCE: 17 Okay, Your Honor. 18 THE COURT: 19 State? 20 21 BY MS. TUCKER Q. Do you recall telling the officer that the 22 person -- 23 MR. LAWRENCE: 24 Objection, Your Honor. 25 She's telling him what the officer -- 26 MS. TUCKER: 27 I'm not, Your Honor. 28 MR. LAWRENCE: 29 I'm not sure. 30 MS. TUCKER: 31 I'm trying to get what the victim's 32 saying. Criminal District Court, Section "F" 12 1 THE COURT: 2 No, she's once again trying to ask him 3 about what he said, himself, to the officer. 4 MR. LAWRENCE: 5 As has, in fact, been related to her 6 by whom? It's hearsay. 7 THE COURT: 8 Overruled. 9 10 Tucker. BY MS. TUCKER We would object. You can continue, Ms. 11 Q. Do you recall telling the officer, Daniel 12 Oquendo, who arrived at the hospital to talk to you, 13 do you remember telling him that the person who -- 14 A. (Witness shakes head in negative.) 15 Q. -- attacked you's nickname was "Mo". 16 17 18 19 20 said no and I hadn't even finished my question, sir. A. I'm telling you no because I can't remember two years ago. Q. Okay. Do you recall being shown a lineup in this case -- 21 A. At my house -- 22 Q. -- at any time? 23 A. Yea. 24 Q. On Painters Street? 25 A. Yes. 26 (Exhibit shown to defense counsel.) 27 MS. TUCKER: 28 May I approach? 29 THE COURT: 30 Yes, ma'am. 31 32 You BY MS. TUCKER Q. Mr. McGuire, I'm going to show you what I'm Criminal District Court, Section "F" 13 1 marking as State's 3 and I'm going to stand next to 2 you so that I can show you. 3 photographs -- This, these are 4 THE COURT: 5 And if one of the defense attorneys 6 wishes to come up, you may. 7 BY MS. TUCKER 8 Q. -- that you were shown at your house? 9 A. Uh-huh (affirmative response). 10 Q. Do you recall signing the back of one the 11 photographs? 12 A. I guess so. I see my signature on it. 13 Q. That's your signature? 14 A. That looks like the guy that attacked me. 15 Q. Okay, and what does it say? 16 What did you write on the bottom of it? 17 A. "He broke my jaw." 18 Q. And what else did you write? 19 A. "Told me every time he see me he will 20 21 22 23 attack me." Q. Okay, and that's what you wrote on the back of this photograph? A. At the time, yea. 24 Q. What do you mean at the time? 25 A. That's all I can remember. I mean, I just 26 know that when I seen him, he ran up on me and we 27 swung. 28 home to get me something to eat my jaw was hurting. 29 My jaw was broken so I went to the emergency room. 30 Q. Only he connected, I didn't, and when I got Okay, and do you remember telling the 31 police officers that the defendant "Mo", as you knew 32 him, had previously been threatening you the past Criminal District Court, Section "F" 14 1 days before he actually attacked you? 2 MR. LAWRENCE: 3 Objection to the leading question. 4 THE WITNESS: 5 I don't remember all that. 6 only -- 7 THE COURT: 8 Wait -- 9 I mean, I BY MS. TUCKER 10 Q. What do you remember? 11 A. I just remember that he called me on my 12 job -- 13 Q. Okay. 14 A. -- and we talked and I told him I'd bring 15 him some money and leave it with this boy's house 16 that's dead now, and I did that, and then all I 17 remember seeing was that I was over there looking at 18 some luggage at a yard sale, and I seen his car go 19 by but the next thing I know he came from around the 20 corner, and looked like he was coming to attack me 21 so I wasn't, I can't run because I have no cartilage 22 in my knees. 23 close to me I just tried to swing on him first and 24 but I missed, but when he swung, he connected. 25 didn't knock me out but it was only like maybe three 26 or four punches thrown and he connected because he's 27 a young dude. 28 man sitting on the porch said "Y'all stop that" or 29 something like that and I got on my bike and I 30 rolled off and then he went on back around the 31 corner. 32 Q. And so next thing I know when he got Okay. He I don't know and all I know this old Mr. McGuire, when you just looked at Criminal District Court, Section "F" 15 1 the photograph you said that that looks like the 2 person who attacked you? 3 A. Yea. 4 Q. Do you remember making the identification 5 with the police officer, with him at your house? 6 A. I don't remember two years ago, ma'am. 7 Q. If I let you -- 8 A. It's two years ago. 9 Q. I'm sorry. If I let you listen to a 10 recording of you seeing the lineup would that refresh 11 your memory? 12 A. No. 13 Q. Would you be able to identify your voice? 14 A. Probably so, if I can hear it. 15 MS. TUCKER: 16 Your Honor, I'm going to mark State's 17 Exhibit number 4, and ask the witness to listen to 18 see if he recognizes his voice. 19 THE COURT: 20 Okay. 21 MS. TUCKER: 22 And that's lineup procedure of Keith 23 McGuire. 24 (Audio is played.) 25 MS. TUCKER: 26 27 28 29 Pause it (to co-counsel). BY MS. TUCKER Q. "1716 Painters Street", was that your address? 30 A. I guess so. 31 Q. I mean, Mr. McGuire, was that your address 32 that you were living at, 1716 Painters? Criminal District Court, Section "F" 16 1 A. If I said 1716 that was my address. 2 Q. So, that's your voice on the recording? 3 A. I guess so. 4 Q. So, if that's you on the recording, would It sounds like me. 5 listening to the procedure remind you of what you 6 said to the police officer, if you are indicating -- 7 A. No, that wouldn't remind me of anything 8 because it was so long ago, you know, and I didn't 9 never get a chance to go to court. 10 11 12 That's how long it took. Q. Let me start with this, Mr. McGuire, how long have you been in jail? 13 A. Today, a week. 14 Q. A week. Do you remember making a phone 15 call the first day that you got in jail? 16 A. Yea. 17 Q. And who did you call? 18 A. My sister in Chicago. 19 Q. Okay, and what did you tell your sister 20 about this case? 21 A. I don't know what I told my sister. I 22 just told her I was in jail and to let my family 23 know I was in jail -- 24 Q. Did you tell her why? 25 A. -- because they all live -- 26 Q. Go ahead. 27 A. Yea, because they wanted me to testify 28 against some boy that did something to somebody two 29 years ago or recently. 30 Q. That's all I know. Mr. McGuire, do you remember telling your 31 sister that they wanted you to come testify against 32 the boy that broke your jaw? Criminal District Court, Section "F" 17 1 2 A. that. Well, I don't know but I might have said 3 4 5 Q. And do you remember saying "but the boys mom already paid me off?" A. Did I say that? 6 MS. TUCKER: 7 Your Honor, I'd ask to publish -- I 8 would ask to play the jail call of the victim, the 9 recording, since he's asking me if he said it. 10 THE COURT: 11 All right, any objection, defense? 12 MR. LAWRENCE: 13 No. 14 THE COURT: 15 Okay. 16 MR. IBERT: 17 Yes, Your Honor, we object to it. 18 THE COURT: 19 Oh, I thought he said no. 20 I thought Mr. Lawrence just said no. 21 MR. LAWRENCE: 22 We object to the playing, Your Honor. 23 MS. TUCKER: 24 What's the basis? 25 THE COURT: 26 What's the grounds, gentlemen, one of 27 you, please? 28 MR. LAWRENCE: 29 It's not been authenticated, Your 30 Honor. 31 THE COURT: 32 Well, this is the gentleman who she is Criminal District Court, Section "F" 18 1 going to try to authenticate it through. Okay, so 2 you can play it over the defense's objection. 3 MR. LAWRENCE: 4 And Your Honor, he has not said that 5 he could, in fact, authenticate which is the basis of 6 our objection. 7 MS. TUCKER: 8 Your Honor, he's been authenticating 9 his voice his entire testimony. 10 THE COURT: 11 I've already ruled that it will be, 12 that I will allow it to be played. 13 MR. LAWRENCE: 14 And we are objecting, thank you. 15 THE COURT: 16 Uh-huh. And so again you are going to 17 play it so he can identify his voice first, correct? 18 MS. TUCKER: 19 Yes, Your Honor. 20 (Portion of tape played.) 21 MS. TUCKER: 22 Pause it (to co-counsel). 23 BY MS. TUCKER 24 Q. Is that you? 25 A. Yes. 26 Q. Okay. Did you make a phone call where you 27 said you did not want to testify against the boy that 28 broke because his mom already -- 29 A. I don't know -- 30 Q. -- paid you off? 31 A. -- if I said that or not. 32 I don't know. MS. TUCKER: Criminal District Court, Section "F" 19 1 2 Your Honor, I would ask to play the call. 3 THE COURT: 4 Go ahead. 5 6 (Jail call is played.) BY MS. TUCKER 7 Q. What did you just say in that call? 8 A. I said his mother paid me off. 9 Q. Okay, and his mother is Trellis Van Norman 10 (sp.ph.)? 11 A. (No response.) 12 Q. You know the defendant's mother, correct? 13 A. Yes. 14 Q. And how do you know her? 15 A. We are friends. 16 Q. Right, and you've gone out a few times with 17 Trellis Van Norman? 18 A. We've been somewhere maybe dinner. 19 Q. You've been to Vincent's a number of times 20 with Ms. Van Norman, correct? 21 A. No, that's not correct. 22 Q. Okay. 23 A. Only once. 24 Q. Okay. 25 So you remember making this call last week, seven days ago? 26 A. I do now. 27 Q. Okay, now I'm going to go back to the 28 identification that you positively identified the 29 defendant, Mr. Bibbins, as being the person who broke 30 your jaw. You gave a recorded statement when you 31 were shown the photographs. 32 name or your voice on that statement? Would you recognize your Criminal District Court, Section "F" 20 1 A. Of course I would. 2 Q. Okay. 3 MS. TUCKER: 4 Your Honor, this is what I'm marking 5 as State's Exhibit -- Your Honor, I'm going to mark 6 State's 5, as the jail call that was just previously 7 offered and published. 8 sorry. 9 that -- Number six is going -- I'm State's number 4, I already previously marked 10 THE COURT: 11 Yes, you did say that's the line up 12 procedure of Keith McGuire. 13 14 15 16 (Audio of line-up procedure played.) BY MS. TUCKER Q. All right, Mr. McGuire, you heard yourself on that recording? 17 A. It sounds like me. 18 Q. Okay, when you looked at the photographs 19 and it's recorded, you identified image number two, 20 right? 21 A. I don't know, that's two years ago. 22 Q. But you just heard yourself select number A. All I heard was a bunch of gibberish. 23 two. 24 25 really couldn't hear nothing they saying. 26 Q. 27 to you? 28 A. It ain't going to make no difference -- 29 Q. Why? 30 A. -- because it's too much static or 31 I You want me to bring the recording closer something. 32 Q. Now when you signed photograph number two Criminal District Court, Section "F" 21 1 -- 2 A. Uh-huh. 3 Q. -- I want to say you identified him in 4 what, twenty seconds, fifteen seconds? 5 A. Yea -- 6 Q. Pretty quick, right? 7 A. -- it was recent. 8 Q. Right? 9 A. It was recently then. 10 Q. Okay, and you knew (snapping fingers) like 11 that who it was? 12 A. I know who broke my jaw. 13 Q. Okay, and the person that you identified is 14 15 16 the person that broke your jaw? A. If that's who I identified, that's who broke my jaw? 17 Q. Okay. 18 A. But he just looked a lot different then. 19 Q. Okay. 20 A. Than from when I saw him this morning. 21 Q. Right, because you were sitting to him this 22 morning in court? 23 A. Yea, uh-huh. 24 Q. Okay, do you want to be here, Mr. McGuire? 25 A. No, I don't want to be here. 26 Q. Right. 27 You did receive subpoenas to come both to my office as well as the court, did you? 28 A. Yes. 29 Q. Okay, and I'm going to show you two copies? 30 A. I don't need to see them. 31 Q. Okay, I'm going to show them to you anyway. 32 A. Sure, that ain't going to make me come to Criminal District Court, Section "F" 22 1 2 see you? Q. Right. 3 MS. TUCKER: 4 May I approach? 5 THE COURT: 6 Yes, ma'am. 7 8 9 BY MS. TUCKER Q. Mr. McGuire, I'm showing you what I've marked as State's 6 and State's 7. 10 A. Right. 11 Q. Is this your signature? 12 A. That looks like my signature. 13 Q. Okay, and is this your signature? 14 A. That looks just like it. 15 Q. And do you remember when my investigator, 16 Corey Porter, came to see you at your job -- 17 A. Yea, the one that twisted my arm. 18 Q. Okay. 19 A. Yea. 20 Q. -- on February 24, 2017. 21 A. I don't know the exact date but I know he 22 he was twisting my arm even though I told him I had 23 a stroke. 24 Q. Was that on the day that you signed the 25 subpoena or the day that you were placed under 26 arrest? 27 A. That's the day he said that I had to sign 28 the subpoena. 29 sign it. He acted like he was going to make me 30 Q. Okay. 31 A. But he said, I told him I already had had 32 a warrant out for my arrest and he said, "Well, we Criminal District Court, Section "F" 23 1 don't want to arrest you -- 2 Q. And -- 3 A. -- we just want you to sign the subpoena." 4 Q. Okay. 5 A. So, I was just dumb enough to listen to 6 him after I told him the address because I wouldn't 7 have told him if I had known -- 8 Q. Were you arrested on -- 9 A. -- but he called me so much -- 10 Q. -- February 24, Mr. McGuire? 11 A. I was arrested seven days ago today. 12 Q. March 6th. 14 A. No. 15 Q. No, and in fact, after getting the subpoena 13 Were you arrested on February 24th? 16 you called, again, the defendant's mom and told her 17 that we were trying to get you to come to court, 18 correct? 19 A. Yea. 20 Q. Okay. 21 A. Especially when we waited two years for 22 y'all to help us. 23 Q. Yes, sir. 24 A. But we solved it ourselves and he was 25 26 forgiven. Q. Forgiven. 27 MS. TUCKER: 28 May I approach? 29 THE WITNESS: 30 He's just a kid. 31 32 BY MS. TUCKER Q. Sure. Criminal District Court, Section "F" 24 1 MS. TUCKER: 2 May I approach? 3 THE COURT: 4 Yes. 5 6 7 BY MS. TUCKER Q. Mr. McGuire, I'm going to show you what I'm marking as State's 8. Do you recognize this form? 8 A. I recognize my signature. 9 Q. Okay, and what's the date on it? 10 A. Two, 24, of 17. 11 Q. Okay, do you remember meeting with my 12 investigator, Corey Porter, earlier to sign the two 13 subpoenas that you signed? 14 A. No. 15 Q. You don't remember meeting with him? 16 A. I remember him meeting with me because he 17 18 came to my job. Q. Okay, do you remember my investigator 19 coming out to meet with you after talking to you on 20 the phone and having you sign the subpoenas? 21 recall that? 22 A. I guess so. Do you 23 Q. Okay, do you recall him calling you back 24 and saying, asking you if you would sign a medical 25 release and you invited him to come back so you could 26 sign it? 27 A. I didn't invite him anywhere. 28 Q. Did you tell him where to meet you? 29 A. I, he already knew where I was at and he 30 was going to come down there whether I wanted him to 31 or not. 32 warrant out for my arrest. I just didn't want to go to jail. I had a Criminal District Court, Section "F" 25 1 Q. Did you go to jail that day? 2 A. No, I didn't go to jail. 3 Q. Right. 4 A. That's because he wanted for me to sign 5 6 that right there. Q. And do you remember you were supposed to 7 meet in our office on Friday, March 3rd; do you 8 recall that? 9 A. Yes. 10 Q. Do you remember calling my investigator, 11 Corey Porter, and telling him that you were biking 12 over to our office and would be here in 15 minutes? 13 14 15 16 A. I was in the hospital so I just told him that just to, he could stop calling my phone. Q. Uh-huh, but do you recall telling him you were on the way? 17 A. Yea, I recall telling him that. 18 Q. Okay, and do you recall calling him back? 19 A. No -- 20 Q. You don't -- 21 A. -- unless he called me first because he 22 kept calling and calling and calling. 23 Q. You don't recall calling -- 24 A. I don't know -- 25 Q. -- my investigator -- 26 A. I don't know but I know I got tired of him 27 calling me and I just told him anything he wanted to 28 hear because I was getting treatment in the 29 emergency room -- 30 Q. May I ask -- 31 A. -- at Touro Hospital. 32 Q. Okay, Mr. McGuire, I'm going to ask you a Criminal District Court, Section "F" 26 1 question. Do you remember calling him and telling 2 him "This is the last time you are going to hear from 3 me. 4 and let you know, I'm never coming. 5 to do?" 6 A. I'm not coming. I felt like it was good to call Do what you got I don't know. I might have told him that 7 if I was in the emergency room because I was getting 8 treatment. I couldn't get out the chair. 9 Q. Okay, that was Friday, March 3, 2017. 10 A. That don't mean nothing, that date. 11 Q. My question to you is this, Friday, March 12 3rd, you did not come to meet with us at our office? 13 A. Sure didn't. 14 Q. March 6th, when you were subpoenaed to come 15 for trial in this courthouse, you did not show up 16 either? 17 A. No. 18 Q. Right, and on that same jail call you said 19 20 you would never come to court. A. I was never planning on coming down here 21 when I got found guilty of criminal trespassing 22 where I lived at for 20 years with a lease. 23 24 Q. Okay, and just for the record, did I prosecute you? Have you ever met me before? 25 A. Never met you before. 26 Q. Okay. 27 A. But I've been down here more than one time 28 29 30 but not in six years. Q. Mr. McGuire, how much did the defendant's mom pay you to not come to court? 31 A. How much she paid me? 32 Q. How much did she pay you? You said she Criminal District Court, Section "F" 27 1 paid you off. How much? 2 A. She paid the bill, the hospital bill. 3 Q. Okay. 4 A. But then I told her -- 5 Q. And you had to have surgery, correct? 6 A. Yea, I had to have surgery. 7 Q. And what did you have surgery on? 8 A. On my jaw. 9 Q. Okay, and what, when did you have the 10 surgery, was it the same day you went to the hospital 11 or did you have to go back? 12 A. I never left the hospital. They 13 transferred me to another hospital and the other 14 hospital did it. 15 16 17 Q. Okay. Mr. McGuire, are you aware that the defendant admits to punching you? A. No, I haven't talked to the man since I 18 told his mother I wouldn't testify against him, just 19 to keep her son away from me, and that's the only 20 chance she's getting because she only has one son. 21 22 23 Q. Okay, so you told her you would not come to court, just to get him away from you? A. No, I just told her to keep him away from 24 me because I bought a gun with the money she gave me 25 so that if he did I could shoot him, since you need 26 to know that. 27 Q. I never ask you about a gun. 28 A. Well, I'm just telling you that's what I 29 bought. 30 Q. I appreciate that. Mr. McGuire, the 31 defense is saying that you're the aggressor in this 32 case; that you are the one that attacked their Criminal District Court, Section "F" 28 1 client. 2 A. I ain't no punk and I don't appreciate 3 nobody running up on me and especially no little 4 teenagers that's want to be grown, they ain't got no 5 job. 6 let nobody just beat me down but I'm older now. 7 can't just battle like I was when I was locked up 8 before. 9 Q. Right. 10 A. And I know I'm not supposed to have a gun, I ain't did nothing wrong but I'm not going to 11 but I'd rather have one than to be caught without 12 one. I I'm not a fool. 13 Q. Did you have a gun on you that day? 14 A. No. 15 Q. Did you have a pocketknife on you? 16 A. No. 17 Q. Do you remember telling the police that you 18 19 20 had a pocketknife on you? A. I don't remember what I told the policeman two years ago, ma'am. 21 Q. Okay. 22 A. If I had a pocketknife and I didn't use 23 it, then that was my bad because I sure would have 24 used it if I could have got to it. 25 MS. TUCKER: 26 Your Honor, I tender the witness. 27 THE COURT: 28 All right, defense, they've tendered. 29 (No response from defense.) 30 THE COURT: 31 Gentlemen? 32 MR. LAWRENCE: Criminal District Court, Section "F" 29 1 One moment, Your Honor. 2 THE COURT: 3 Okay. 4 BY MR. LAWRENCE 5 Q. How are you doing, Mr. McGuire? 6 A. I'm all right. 7 Q. Uh-mm, this happened two years ago, 8 correct? 9 A. Yes, sir. 10 Q. I understand you've had a stroke since 12 A. Yes, sir. 13 Q. When you, and when did you have the stroke? 14 A. Last February but they told me I had it in 11 then? 15 January. 16 Q. Does that stroke affect your memory? 17 A. Not really, not one hundred percent, but I 18 19 20 can't remember what happened two years ago. Q. You do remember some things about this incident, correct? 21 A. Yes. 22 Q. Do you remember going to hospital? 23 A. Right. 24 Q. Do you remember what you told the doctors 25 26 when you got to the hospital? No, it's just that I was in pain. I went 27 to bite something to eat and couldn't chew. My jaw 28 was hurting. 29 Q. 30 A. Were you able to give them a name of an individual who struck you? 31 A. No, other than the name "Mo". 32 Q. And what you told the assistant district Criminal District Court, Section "F" 30 1 2 3 about what happened, that's true? A. Yea. I just wish I had had the gun that day, then he wouldn't have broke my jaw (voice 4 cracking). 5 Q. I see. 6 A. Yea, just was too old. 7 Q. I understand, but you did swing? 8 A. Yea, I wasn't going to let him swing on me 9 10 11 12 You did swing at him? without me swinging back but I'm just too old. Q. I thought you said that he ran up on him and then you swung? A. Well, he did run up on and that's when I 13 swung because he was running up on me, but then he 14 just kind of like did some kind of little jump and 15 he was in the air and when I missed, he connected, 16 but he didn't knock me out. 17 hollered on the porch and I got up and I got on my 18 bike and rode up (voice cracking). And then the man 19 Q. And that was the end of the fight? 20 A. Yea, that was the end of it. 21 Q. Now, police came to your house and they 22 showed up one lineup or two lineups? 23 A. Well -- 24 Q. If you remember. 25 A. I think they came before one time and he 26 wasn't in the line up, and then they came back 27 again. 28 Q. With another lineup? 29 A. Uh-huh (affirmative response). 30 Q. And you knew his mother before this 31 32 incident, right? A. No. Criminal District Court, Section "F" 31 1 Q. You knew her after the incident? 2 A. Uh-huh (affirmative response). 3 Q. And you said she paid you what, $1700? 4 A. She didn't pay me anything but what I did 5 was she said she would pay it, you know, because she 6 only had one son, six-daughters. 7 boys and two girls and I told her I couldn't really 8 take all her money because I know she worked too 9 hard for it. So, I have five 10 Q. Okay. 11 A. So, I don't know what she paid. 12 Q. You had hospital bills? 13 A. Yes. 14 Q. And how much were they? 15 A. Eighteen hundred dollars and something. 16 Q. You haven't lied to this jury, have you? 17 A. Sir? 18 Q. You haven't lied to this jury, have you? 19 A. No. 20 MR. LAWRENCE: 21 Thank you, Mr. McGuire. 22 THE WITNESS: 23 Sure. 24 THE COURT: 25 State? 26 MS. TUCKER: 27 No redirect, Your Honor. 28 THE COURT: 29 All right, Mr. McGuire, you are done. 30 The deputy is going to take you back now. 31 THE WITNESS: 32 All right, does that mean I get out -Criminal District Court, Section "F" 32 1 well, do I still have that hundred thousand dollar 2 bond? 3 THE WITNESS: 4 And so we will talk about that in the 5 morning, okay? You will be brought up early in the 6 morning. 7 THE WITNESS: 8 Oh, okay. 9 THE COURT: 10 Uh-hum. 11 THE WITNESS: 12 I can leave? 13 THE COURT: 14 Yes, uh-huh, that's what I was saying. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 You are free to go. (End of requested testimony.)