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Loughner Interview Transcripts

Loughner Interview Transcripts

1 THIS IS DETECTIVE O’DELL. I’M BACK ON TAPE.

2 LEGEND: Q. DET. O’DELL A. RANDY LOUGHNER 3 Q2. DET. NAVARRO 4 ______

5 Q. Um, Randy, do you recognize at all, who that person is? 6 A. Um, I don’t.

7 Q. You’ve never seen that person before? 8 A. I can’t tell. I don’t.

9 Q. And this is the, the friend? 10 A. I can’t tell.

11 Q. Okay. 12 A. I can’t tell. Honestly, I can’t tell.

13 Q. Okay. Let me, um, this is Detective Navarro. He’s one of my co-workers. 14 Q2. I’m, I’m Detective Navarro. I’m, uh, a Detective O’Dell’s, uh, co-worker. Uh, does, 15 does your son, Jared, have any friends, um, maybe in their 50’s? 16 A. Not that I know of. Not that I know of.

17 Q2. Not that you know of? That picture that was shown to you earlier by Detective, uh, 18 Detective O’Dell. You never seen that person before? Or you don’t recognize him or? 19 A. I don’t know who it is.

20 Q2. You don’t know who it is? Okay. 21 Q. OKAY. UH, THE TIME IS NOW 1357 HOURS. THAT WILL CONCLUDE.

22 WITNESS:

23 Reviewed and corrected by: 24 DET. O’DELL #1298

25 TRANSCRIBED BY: 26 ROSEMARY SANFORD, JANUARY 10, 2011

HOM\LOUGHNERR2\O’DELL\19975-27730\159

1 LEGEND: Q. UNIDENTIFED MALE VOICES A. JARED LEE LOUGHNER 2 Q2. UNIDENTIFIED FEMALE DEPUTY 3 Q3. PCSD DET. D. PREUSS 4 ______

5 (AT 17:44:33 HOURS ON 1/08/11 RECORDING BEGINS) 6 7 (AT 18:19:17 HOURS, J. LOUGHNER KNOCKS ON INTERIOR OF DOOR) 8 9 Q. _____ come out here. 10 A. Can I use the restroom again?

11 Q. Huh? 12 A. Can I use the restroom again? Please.

13 Q. Can I use the restroom again? 14 A. Yes, thank you.

15 Q. Back up from the door. 16 A. Okay.

17 Q. Come on. 18 A. Okay.

19 Q. Restroom? 20 Q. I think it is down that way. 21 Q. It’s on this floor. 22 A. Okay.

23 (AT 18:19:36 HOURS, J. LOUGHNER DEPARTS INTERVIEW ROOM) 24 25 ( INAUDIBLE TALKING IN HALLWAY) 26 27 (AT 18:24:35 HOURS, J. LOUGHNER RETURNS TO INTERVIEW ROOM) 28 29 (AT 19:02:11 HOURS, J. LOUGHNER BEGINS SQUIRMING IN CHAIR) 30 31 (AT 19:02:36 HOURS, DETECTIVE STANDS IN DOORWAY) 32 33 Q. Are you all right? 34 A. Yeah, I’m all right.

35 Q. Okay. Any problems? 36 A. No.

37 Q. You need anything? 38 A. No, I’m okay.

HO\LOUGHNER\PREUSS\20034-27851\KH STATEMENT OF JERALD LOUGHNER - CASE # 110108078 2

1 Q. All right. 2 3 (AT 19:02:50 HOURS, DOOR CLOSES) 4 5 (AT 19:42:35 HOURS, DOOR OPENS) 6 7 Q. Let’s go. 8 Q. To your right. 9 10 (AT 19:42:49 HOURS, J. LOUGHNER LEAVES ROOM) 11 12 (AT 20:03:48 HOURS, TALKING IN HALLWAY) 13 14 Q. ______. 15 Q. And when that happened, I mean. 16 Q. I don’t know how long _____. 17 Q. ______all of my reports ____. 18 19 (AT 20:45:40 HOURS, INAUDIBLE TALKING IN HALLWAY) 20 21 Q. We’re going back to that first room we were in earlier, all right? 22 A. ______.

23 Q. _____. That first room on your left. 24 A. Okay.

25 Q. ______. 26 27 (AT 20:46:05 HOURS, J. LOUGHNER RETURNS TO ROOM) 28 29 Q. ______. 30 A. Can I sit in this chair?

31 Q. Yeah, okay. 32 33 (AT 20:46:23 HOURS, DOOR CLOSES) 34 35 (AT 20:54:34 HOURS, DOOR OPENS) 36 37 Q2. Hey Jared, could you sit in that comfy chair for me? 38 A. Yes, I can.

39 Q2. Awesome. There ya go, man. 40 A. Okay.

41 Q. Thanks, man. 42

HO\LOUGHNER\PREUSS\20034-27851\KH STATEMENT OF JERALD LOUGHNER - CASE # 110108078 3

1 (AT 20:54:57 HOURS, DOOR CLOSES) 2 3 (AT 21:16:37 HOURS, DET. PREUSS ENTERS ROOM) 4 5 Q3. Hey, go ahead and stand up Jared. 6 A. Okay.

7 Q3. What we’re going to do is, we’re going to switch out the, uh, restraints on you, all right? 8 A. Okay. I’m not going to move.

9 Q3. All right. All right, I guess the next ______and you’ve been cooperative and all. I 10 can’t imagine if you have any problems now, do you. Do you need anything? Are you 11 hungry? Are you thirsty? 12 A. No, I’m okay.

13 Q3. Okay. I just wanna make, you know what, we talked about your eye before. If you need 14 something in your eye, let us know. 15 A. Okay.

16 Q3. All right, sounds good. Have you eaten recently? 17 A. No, I haven’t.

18 Q3. Okay, at least nothing since, uh, you’ve been in custody. 19 A. No, I haven’t.

20 Q. Okay. 21 Q3. Jared both of these guys in plain clothes are from the FBI… 22 A. Okay. ______.

23 Q3. Okay. I’ve given them, um, I’ve given them, uh, the copy, the search warrant… 24 A. Okay.

25 Q3. …and then, a copy of the property sheet that contains um, your buccal swabs, uh, uh, the 26 swabs off your hands. 27 A. Okay.

28 Q3. If you want, you’re more than welcome to take them from them right now, if you want to 29 hold onto it. Or, you can have them hold onto it. 30 A. You can hold onto it.

31 Q. ______. 32 Q3. What to do is, um, uh, they’ll end up with any, end up with taking you to, uh, their 33 facility. They’re going to drop it off with you. 34 A. Okay.

35 Q3. All right. 36 A. All right.

HO\LOUGHNER\PREUSS\20034-27851\KH STATEMENT OF JERALD LOUGHNER - CASE # 110108078 4

1 Q3. All right. 2 Q. Just have a seat. 3 A. Okay. I’m about ready to fall over.

4 Q. Are you feeling dizzy? ______. 5 A. No, just sore, like.

6 Q3. Do you have any other injuries we didn’t talk about earlier? 7 A. No.

8 Q3. Okay. 9 Q. It’s on the bottom. 10 Q. Of course. 11 Q3. Are they not sliding over? 12 Q. Yeah, I’m not, I’m not sure, the double lock are these ones. 13 Q3. Oh, it just slides over the, the pi-, the pin in the middle. 14 Q. Okay. 15 Q3. It just slides left and right. Okay, there ya go. 16 Q. Okay, thanks. 17 (RADIO - ______on the way.) 18 Q3. Are they too tight Jared? 19 A. No, that’s okay.

20 Q3. If they are, you have to say something now. 21 Q. ______. 22 A. ______little tight.

23 24 Q3. Which one? 25 A. The, uh…

26 Q3. Both? 27 A. Uh, yeah.

28 Q. Better? 29 A. Yes, ______better.

30 Q3. Why don’t’ you, uh… 31 A. ______second.

32 Q. Yeah. 33 A. ______thank you.

34 Q3. … walk down the hall, let’s call that a relieve custody to you guys, this, this time 35 ______, okay. Okay. ‘Cause otherwise I think it is, to say that he has been in our 36 custody since… 37 Q. Yeah. 38 A. I’d like to sign something.

HO\LOUGHNER\PREUSS\20034-27851\KH STATEMENT OF JERALD LOUGHNER - CASE # 110108078 5

1 Q3. What’s that? 2 A. I’d like to sign something, a paper,

3 Q3. What sort of paper? 4 A. Do I have to sign anything?

5 Q3. No. 6 A. Okay.

7 Q3. Something you wanted to sign? 8 A. No. All right.

9 Q3. Okay. No, no. 10 A. All righty.

11 Q3. Go ahead, head straight on out. Turn right and right again. 12 13 (AT 21:21:48 HOURS, J. LOUGHNER WALKS OUT OF INTERVIEW ROOM ESCORTED) 14 15 (INAUDIBLE TALKING IN HALLWAY) 16 17 (AT 21:30:15 HOURS, RECORDING ENDS) 18 19 WITNESS: 20 REVIEWED______21 DETECTIVE C. GARCIA # 1390

22 TRANSCRIBED BY: 23 KAREN HEIDER ON JANUARY 11, 2011

HO\LOUGHNER\PREUSS\20034-27851\KH 1 THE FOLLOWING IS A, A TAPED STATEMENT AS GIVEN TO DETECTIVE C. GARCIA, 2 BADGE NUMBER 1390, OF THE PIMA COUNTY SHERIFF'S DEPARTMENT'S 3 HOMICIDE UNIT. TODAY'S DATE, JANUARY 9, 2011. I'M CURRENTLY AT THE 4 ON, UH, LA CHOLLA BOULEVARD. THE TIME NOW IS 5 APPROXIMATELY 1232 HOURS. UM, I'M CURRENTLY WITH, UH, AGENT LUNA OF 6 THE, OF THE, UH, FEDERAL BUREAU OF INVESTIGATIONS. WE ARE, UM, ALSO IN 7 THE COMPANY OF MR. STANLEY SIMMONS.

8 LEGEND: Q. DET. GARCIA A. STANLEY B. SIMMONS 9 Q2. FBI AGENT JEFF LUNA 10 ______

11 Q. For the record, Mr. Simmons, could you identify your full legal name, please. 12 A. Yeah. ______Simmons.

13 Q2. Okay. And, um, Agent Luna, can you identify yourself. 14 Q2. Special Agent Luna of the FBI.

15 Q. Okay. Um, Agent Luna, go ahead. 16 Q2. All right. Stanley, we understand that, um, yesterday you dealt with a customer i-, in the 17 morning at, that stood out to you. A-, and that's why you, um, brought this to the 18 attention of your su-, uh, supervisors and, and management. And that's why we're here to 19 interview. So tell us about what, what concerned you yesterday and, and what happened. 20 A. Uh, well, I first came in, when I came in, uh, I was gonna ______put 21 away my sweater and get out all the, uh, stuff that ______do in that 22 course of the day. Um, walked right in and he was standing at the counter. And he ...

23 Q2. Well, let me ... 24 A. ... said.

25 Q2. ... let me interrupt you. Uh, where is it, where do you work ... 26 A. Uh.

27 Q2. ... in Walmart? 28 A. Sporting goods.

29 Q2. Sporting goods. Okay. And what is your job title? What exactly do you do in sporting 30 goods? 31 A. Sporting goods associate, cashier, associate.

32 Q2. Okay. And, uh, okay, continue with what you were. 33 A. Uh, I went to the counter and I passed, see somebody out of the corner of the, my eye, 34 highly, kind o' walking real fast. And, um, uh, he said to me, he says, hey, he says, hey, 35 are you, uh, uh, are you available? Are you, are you open? And I said, yeah. I said, 36 what do you need? And he said, I need some bullets. And I said, what kind o' bullets? 37 And he said, I need some nine millimeters. And I go, okay, well, you know, let me run 38 back and get the key and I'll be able to help you out. So I turned back to go to the back 39 room and I look in the case and I seen the case was empty. And I said, oh, you know

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 2

1 what, we don't even have the nine millimeter, um, bullets. And he says, uh, kind o' got a 2 little frustrated, I could tell the guy was a little frustrated. And he said, looked in the 3 case, and says, well, well, well, do you have 'em in the back? You know, can you go 4 look in the back and look. He was kind o', you know, rude about it. So I go look in the 5 back, I go to the back room to get my keys from a member of management, and, um, I 6 walk back out to the floor. And I'm maybe about 30 or 40 feet away from him and, uh, I 7 just hollered, ______, uh, you know, there's nothing in the back. And, uh, 8 I could tell on his face that he was really angry about it. And he just kind o' swung away 9 and just walked off. And, uh, I really didn't think nothing about it, uh, for the whole day, 10 to be honest with you. Until I got home, I see his face on the news. And I, and I said to 11 myself, it, it really looked like that ______kid. Uh, working here you see a lot 12 of people like that.

13 Q2. Mm hm (yes). 14 A. So I really didn't think much about it ______. And I 15 woke up this morning and I was getting ready for work and I seen the news again. And it 16 showed his face on there again. And that was the first thing that popped in my head. Uh, 17 that's the one ______yesterday morning. And ______I guess the way he was 18 from ______and the way he walked that way and talkin', the way he didn't talk to 19 me, everything about it, just, it, it was like, it was like, it was like he was in a hurry 20 ______the whole time.

21 Q2. Okay. 22 A. That's, that's pretty much the basis of, so that's ______was a 23 ______and then someone else had told me, remember that guy that 24 was ______.

25 Q2. Okay. So describe what you remember of him, uh, what he. 26 A. Um, I remember exactly what I of him as I turn around, he was about five ten, five 11, 27 and about a hundred and 60 pounds. Um, he had on a black, a black jacket or sweater, 28 khaki pants. And a black beanie hat and glasses. And, um, like I said, I'm, I'm almost 29 certain that he had ______, um, not really long, but 30 he had, had a little bit of hair, um. Um, and that was, that was mainly about it as far as 31 his physical description.

32 Q2. Did you, did you say something on his face? 33 A. No. He just had glasses on.

34 Q2. Okay. That's what, that's what I was referring to. I didn't ... 35 A. ______.

36 Q2. ... I, I don't remember hearing, hearing you say that, but. 37 A. Yes. Uh, he had glasses and a black, uh, beanie.

38 Q2. Okay. How was beanie w-, w-, worn? 39 A. It was kind o', kind o' low. And then kind o' flipped over, uh, flipped back over with uh 40 glasses on.

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 3

1 Q2. Okay. So we have, you said five, uh, five ten, five 11, ______black or sweater, 2 uh, khaki pants, his black beanie, uh, which is low. 3 A. Yeah.

4 Q2. And is pulled down low and ... 5 A. Yeah.

6 Q2. ... flipped up in the front? 7 A. The front of it. ______.

8 Q2. Okay. And he had glasses. 9 A. Yeah.

10 Q2. Do you know the color of his eyes? 11 A. Um, I'd probably say ______.

12 Q2. Okay. And, uh, underneath the jacket, do you remember him wearing any, anything? 13 A. Possibly a white shirt, possibly.

14 Q2. And did he have anything in his hands? 15 A. I don't believe he had ______he may have had gloves on, but I'm not too 16 sure.

17 Q2. Okay. 18 A. I think he may have had gloves on.

19 Q2. Okay. You said he had khaki pants, were they particular khaki pants like you have on? 20 What kind of ... 21 A. Um ...

22 Q2. ... pants? 23 A. ... they're cargo pants.

24 Q2. Okay. 25 A. They're cargo pants, with the pockets on the side.

26 Q2. What about his shoes? 27 A. Shoes, I really didn't catch, to be honest with you. Um, but I would say, well, they kind 28 o' looked a, a basic kind o' tennis shoe, hiking shoe, like that.

29 Q2. Okay. 30 A. An all terrain kind of a shoe.

31 Q2. Okay. Um, did he have any, when you, uh, how close were you to him? 32 A. I was really, really close to him.

33 Q2. Okay. 34 A. ______when I was pointing to the things on the wall ______.

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 4

1 Q2. When you spoke to him, did you smell anything? 2 A. No.

3 Q2. Okay. 4 A. No, no. No alcohol.

5 Q2. I'm referring to maybe ______, alcohol, anything ... 6 A. No.

7 Q2. ... nothing. Okay. Um, and you said, you, you did say that he, he, he was rude about 8 asking you to go to the back and to go get, uh, the, what he was asking for. Uh, and 9 frustrated. How else was his demeanor? 10 A. It was just like he was in a hurry. ______just like he just wanted to get 11 in and get out as quick as possible. And like I said, he really needed the ammunition, uh, 12 he really ______. Okay. This, this, this ______13 excessively like ______.

14 Q2. Mm, yeah. 15 A. ______want something so bad, this early in the morning 16 ______that bad.

17 Q2. Okay. Now, uh, it warrants the question, since you're saying that his demeanor and, and 18 how did you feel about the whole situation? 19 A. Uh, I kind o' felt uneasy, to be honest with you. Um, like I said, I kind o' felt, hhh, I'm 20 trying to think of the best way to describe it. I kind o' felt, not disrespected, but just like, 21 you know, I'm usually the politest person ______...

22 Q2. So you're. 23 A. ... ______polite or just kind of like ______.

24 Q2. Okay. So I don't want to put words in your mouth, but, um, so you were curious as to 25 why he was ... 26 A. Yeah.

27 Q2. ... acting this way? 28 A. Curious.

29 Q2. Okay. 30 A. ______.

31 Q2. That, that describes what you're trying to say? 32 A. Yeah. That, more curious than anything ______.

33 Q2. Okay. 34 A. ______.

35 Q2. Okay. 36 A. I mean, he was real persistent about ______asking, you know, well, can't

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 5

1 you check in the back? And, uh, can't you turn the ladder ______2 and ladder ______.

3 Q2. Okay. And when you went to the back, what, did you have nine millimeter ammo? 4 A. We did, but that wasn't until he left. I ______about the situation, so I just, no, 5 I'm not gonna give you ammo.

6 Q2. So you didn't even look. You didn't even bother to, to look ... 7 A. No.

8 Q2. ... because, um, you, is it safe to say that you made the decision not to even. 9 A. Exactly. Exactly.

10 Q2. Oh. 11 A. ______so persistent, this ______. And 12 like I said, ______. I sold a lot of guns, sold a lot of bullets. And 13 I've never encountered somebody ______.

14 Q2. So what I'm saying is that you had, you had knowledge that you did have nine ... 15 A. No.

16 Q2. ... millimeter. 17 A. I didn't have. No.

18 Q2. You didn't have any ... 19 A. No.

20 Q2. ... knowledge. 21 A. ______and I know that ______. I 22 didn't go to ______at all ______. I didn't go get the 23 ammunition until maybe about a half hour ______after the guy left.

24 Q2. Okay. 25 A. Just because I didn't want him to maybe come back and, oh, you guys did ammo. 26 ______just in case that guy had ______that's why I 27 ______.

28 Q2. Of course. 29 A. Um, like I said, just in case he came back ______, I didn't want to 30 ______.

31 Q2. And, uh, just, uh, we appreciate you doing that. 32 A. ______.

33 Q2. Um, you did your job to the fullest ex-, extent. Um, you, um, is there anything else that, 34 that, um, you'd like to, that we haven't asked you that you'd like to add? 35 A. Uh, no. Just like I said, um, like I said, um, ______like I said, I, 36 about 30 people a day, I, like I said, I've never encountered somebody like him. I could

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 6

1 see it in his eyes that he was mad about, um, the fact that ______, like I 2 said, I've never seen anybody ______like that, 3 uh, ______.

4 Q2. Okay. Um, I, I understand what you're saying. I'm, I'm just trying to, 'cause, uh, the, 5 what I'm trying to get onto the tape, uh, from your, from your own words, your, uh, you 6 felt uneasy, you said. 7 A. Yes.

8 Q2. And something about his demeanor just wasn't right. 9 A. Yes.

10 Q2. And so what did you think he may, in your opinion, what do you think that he may have 11 wanted the ammo for? 12 A. To be honest, I haven't the slightest idea what, like I said, what did make me uneasy was 13 that ______...

14 Q2. Okay. 15 A. ... from the get go. Um, I knew just the way he, he acted, I didn't feel comfortable selling 16 him ammunition.

17 Q2. Okay. 18 A. Like even if I had it, just the way he was ______I didn't feel comfortable 19 about it. And ______.

20 Q2. Okay. Detective Garcia, do you have anything to add? 21 Q. Uh, just real quick, real brief questions. Um, what time did your shift yesterday? 22 A. Seven a.m.

23 Q. Seven a.m. Were you on time? 24 A. Yes.

25 Q. Okay. When you get to your, your area, is he there already? 26 A. Um, from what I was told is that I believe he came in at first ______.

27 Q. Uh huh (yes). 28 A. He went to customer service and spoke with Annette and asked for somebody to come 29 back there.

30 Q. Okay. So when. 31 A. And then.

32 Q. Oh, I'm sorry. I, I didn't mean to interrupt you. 33 A. No, you're fine. Uh, went to ______to come back there and then ...

34 Q. Mm hm (yes). 35 A. ... um, usually clocking in, you know, you kind o' get settled in the back, get your keys 36 for the day.

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 7

1 Q. Mm hm (yes). 2 A. You know, whatever, and go out to the floor, and usually I just have to put my coat on or 3 whatever. And, uh, I got there it was ______after seven or so or somethin' like that. 4 ______counter until, I ______to the back of the counter and then he 5 just comes right behind me, like I'm, I'm assuming that he was, he was just walking back 6 from went, uh, back from customer service, and ______come back. Or he was 7 already in the area and where I'm coming from, it would ______or 8 maybe he, he was kind of in the men's department or the jewelry department, where he 9 was at, he could have been ______.

10 Q. Had you been told by anybody, uh, that he was waiting on you or? 11 A. Not 'til I spoke with Annette, to Annette earlier ...

12 Q. Okay. 13 A. ... or later.

14 Q. Um ... 15 A. Uh, yeah.

16 Q. ... you got a little a close to him and you said that he had cargo pants. Did they look, did 17 they ______or he could be having something. 18 A. Um, I really didn't pay attention to that, to be honest.

19 Q. Okay. Uh, glasses. Anything about those glasses specifically? 20 A. Glasses, they looked kind o' thin framed, kind o' small, like on both sides, but not frame 21 ______, the frame on it was a little thin.

22 Q. Okay. Um, also you said that, that you had been, uh, it made you feel uneasy. Uh, go 23 home. What time did your shift end? 24 A. Four.

25 Q. Four. And then by now, I'm, I'm, I'm assuming. 26 A. Actually it was three.

27 Q. Three o'clock. Okay. So I'm assuming by now, I mean, the, the news is saturated with 28 what happened yesterday. 29 A. Yeah.

30 Q. Um, and you said that you remember seeing his face on the news. You don't remember 31 what channel you were watching or what ... 32 A. Uh ...

33 Q. ... show? 34 A. ... nine, channel nine.

35 Q. Channel nine. 36 A. Yeah.

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 8

1 Q. Okay. And channel nine shows, uh, what, what ______. 2 A. ______photo, the of U of A ______Arizona 3 sweater, uh, uh, excuse, shirt. Um, I seen another one of him sitting at a book 4 event or sometin', sometin' like that.

5 Q. Okay. 6 A. Or holding a poster or sometin' like that.

7 Q. Do you remember what time it was you saw that newscast? 8 A. Uh, this was all day. Uh, probably from about four up to about 5:30. And then after that, 9 from about to seven to about 8:30.

10 Q. Okay. But the ______had been made or the connection hadn't been made until 11 you wake up this morning. What time did you have to come to work this morning? 12 A. Seven a.m.

13 Q. Seven a.m. So you start watching the news, you start listening to the radio. Do you 14 watch TV? 15 A. Yes.

16 Q. On what channel? 17 A. Uh, started with, uh, channel nine again.

18 Q. Uh huh (yes). 19 A. And ______and then, uh, back to channel nine.

20 Q. And, uh, at this time, they're just showing pictures. 21 A. Yes.

22 Q. And that's what, about what time do you start to make the distinction? 23 A. Um, it was like probably like when I turned the channel back from CNN to channel nine. 24 They have a picture of the ______.

25 Q. Uh huh (yes). 26 A. I immediately, as soon as they, I said I know this, the kid.

27 Q. Mm hm (yes). 28 A. I, I knew ______.

29 Q. Okay. 30 A. ______.

31 Q. Did it look like he had a lot of bushy hair? 32 A. It didn't look like a lot of hair. Like I said, under the beanie, but it looked like he had 33 some kind of hair.

34 Q. Okay. 35 A. But not like a lot.

HOM\SIMMONS\GARCIA\20081-27902\146 STATEMENT OF STANLEY B. SIMMONS - CASE 110108078 9

1 Q. That's, that. 2 Q2. What color was his hair? 3 A. Kind o' like a ______.

4 Q2. Okay. 5 A. ______.

6 Q. Okay. Now, this was like, you said that somebody mentioned that he was, uh, at your, at 7 your sporting goods ... 8 A. Yes.

9 Q. ... counter before. 10 A. Mm hm (yes).

11 Q. What is, uh, who, who was that? 12 A. Annette.

13 Q. Annette. That had mentioned that. And that was after the, uh, the individual had left. 14 A. Yes. Well, this ...

15 Q. And. 16 A. ... was, this was, uh, this morning that we spoke about it.

17 Q. Mm hm (yes). 18 A. And, um, I was telling 'em my encounter with him. And she said, the boy you're 19 describing was he wearing a black beanie hat? I said yes. ______.

20 Q2. Okay. And, uh, now is it, Walmart has video footage of this individual. Have you seen 21 video footage of this? Oh, so everything you've told us today is from your own 22 recollection. 23 A. Yes.

24 Q2. Okay. All right. That's all I have. 25 Q. I THINK WE'LL GO AHEAD AND CONCLUDE THE, UH, INTERVIEW. TIME 26 NOW 1249 HOURS.

27 WITNESS:

28 NOT REVIEWED______29 DET. GARCIA #1390

30 TRANSCRIBED BY: 31 TAMMY L. ARKLEY ON JANUARY 13, 2011

HOM\SIMMONS\GARCIA\20081-27902\146