RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

STATE OF MICHIGAN

IN THE SUPREME COURT

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

V

TRAVIS TRA VON SAMMONS, Defendant-Appellant.

_________________ /

JOHN A. CCOLGAN, JR. (P37168) PROSECUTING ATTORNEY Carmen R. Fillmore (P80134) Assistant Prosecuting Attorney

111 South Michigan A venue Saginaw, Michigan 48602 (989) 790-5330 cfillmore@saginawcounty.com

SUPREME COURT No.156189

COURT OF APPEALS No. 332190

LOWER COURT No. 15-041848-FC

Gaetan Gerville-Reache (P68718)

Ashley G. Chrysler (P80263) Kelsey M. Dame (P82044) WARNER NORCROSS+ JUDD LLP 900 Fifth Third Center 111 Lyon Street, NW Grand Rapids, Michigan 49503 (616) 752-2207 greache@wnj.com

PLAINTIFF-APPELLEE'S APPENDIX

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

APPENDIX TABLE OF CONTENTS

Designation of En tty Appendix Pag~ No_ Trial Transcripts, Volume II (January 21, 2016) lb

Testimony of Dyjuan Jones 2b Testimony of Felicia Little 8b

Trial Transcripts, Volume III ( January 26, 2016) llb

Testimony of Detective David Rivard 12b

Preliminary Examination Transcripts, Volume I (September 25, 2015) 13b

Testimony of Detective David Rivard 15b

Preliminary Examination Transcripts, Volume II (October 26, 2015) 17b

Testimony of Trooper Robert Scott 19b

Jury Instructions 23b

Prior Statement ofldentification (P 12-B) 24b 7.08 Identification (Modified) 25b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

STATE OF MICHIGAN

IN THE CIRCU!:' COURT FOR THE COUUTY OF SAGINAW

PEOPI,E OP THE STATE OF MICHIGAN

OOMlNIQUE AruarrT AAMSEY. TRAVTS 7RAVOiJ" SAMMONS,

:i'ile No. 1S~041B'i7-FC-5 File No. 15-0H!HB-FC-5

10

11

12

Defendants

JURY TRIAL - VOLUME II OF l V

BEFORE THE HO!IOAA.BLE DARNELL JAC1l:SON', CIRCUIT JUDGE

Saginaw, Michigan - .Januar.y 21, 2016

13 APPEAR.JUICES:

l4 For the People! DAN G. VAN HORMAN {P34222) ASSlSTANT PROSECUTIHG ATTORNEY

1S 111 s. Michigan Avenue Saginaw, MI 48602-2019

lG {989) 790-S3JO

ALAN A. CRAl-iFORD (Pi4474} l 7

18

19

20

For Defendant; Ramsey: LAW OFFICES OF ALA.."'1 A. CRAWFORD, PLLC

120 N. Michigan Avenue, Ste. 303 Saginaw, MI 45602--4236

For Defendant: Sammons:

{989) JSS-1717

JAMES F. PlAZZA (P30112) ATTORNEY AT LAW 803 Court Street Saginaw, MI 48602 {989) 191-lBlJ 23

24

25 Reportf!d by: ESTELLE B. PRZYBYLSKI. CRR, nMR, CSR-3769

Otficial court Reporter

10

11

12

lJ

H

WITNESSES FOR TRE PEOPLE {CONT'D) :

FELICIA LITTLE

Direct Examination By Mr. Van No'tman Cross-Examination By Mr. Pian a

ROSEI WATKINS

Dir~ct Examination By Mr. Van Norman Cross-Examination By Mr. Crawford Cross-Examination By Mr. Piazza. Redirect Examination By Mr. Van Horman

DOUGLAS GOUGH

Direct Examination By Mr. Van Noman

EXHIBITS:

PX l 15 PX 2

PX 3

Aerial map Map of Route Aerial Map - Satellite View Photograph - victim l6 PX 4

PX S 11 PX ·1

PX 6 l8

19

20

2l

22

23

25

CD of Route Photograph - Jeep Photograph - Jeep

PAGE

151 161

162 169 173 176

178

RCVD

H 77 77 37 81

l&l 183

10

I N D E X

Opening Stc1teu,ent by Mr, Van Norman

Opening Statement by Mr. Crawford

Opening St:lterrent by Mr. Piazza

WITNE3SES FOR THE PEOPLE:

BRADLEY HOLP

Direct Examination By Mr. Van Notm,111 Cross~Examination By Mr. Crawford Cross-Examination By Mr. Piaua

ll TYLER POIRER

12 Direct Examination By Mr. Van Norman Croes-Examination By Mr. Crawford

13 Cross~Examination By Mr. Piaz.za Redirect Examination By Mr. van Norman

H. Recross~Examination By Mr. Crawford RecroH.s-Examination By Hr. Piazza

15

16 ROBERT SCOTT

17

" 39

Ditt!ct Examination By Mr, Van Norman Croas-Exatnination By Mr. Crawford Cross-Examination By t>ir. Piazza Redirect Examination By 1'(r. Van Norrr.an Rer:ross-Examinat.ion By Mr. Crawford

20 DYJUAN JONES

21

23

24

25

Direct Examination By Mr. Van Norman CrosswExam1nation By Mr. Craw!ord Cross-~xamination By Mr. Piazza Redirect Examination By Mr. van Norman

,o 7.6

PAGC

31 40 42

47 59 Gl G9 71 7l

72 B9 9G

106 ::.09

116 lJ) 140 148

1b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

Q

A

Q

A

Q

A

Q

10

ll A

12 Q

13

" 15

16

17 " lB Q

19 " 20 Q

Jl

22 " 23

24 Q

25 )\

A

Q

A

0

)\

Q

A

10 Q

11

12 A

13 Q

14 A

15 Q

16

11 A

l8 Q

19 A

20 Q

21

2' A

23

24

25

Okay. ~nd your mom Wds doiu~ ~- was she continuing to

do whut she had done --

Mm-hmm.

-- with Mr. Casas, tr.c victim?

Yes, sir.

And about how loug tlid the two of you remain at the

scene?

At least, probably, JO minutes t:o a hour.

Okay. After that -- after that time passed, whilt, if

anything, d:d you do?

We went dir~ctly home afterwards.

Okay. Did there come a. time, if ever that day, where

you were called -- either you

whethe:r you were called.

well, forget about

Did there come a time that day when you went

down to the Saginaw Police Department?

Yen, sit:.

Okay. And did you go alone or with someone?

I weut with :ny mom.

Okay. And when -- when you went wit.h you:r. mcr.t, do you

remember about what time o! day it was?

We get out of church about 1, l: 15, so it was roughly

about 5, 6:00.

So it waR still light out -­

Yeah.

127

Yes. sir.

in other words, somebody -- do you re1nember the name

of that detective?

Wbat was his name? I think Doug, something like that.

I don't know. I'm not sure.

Okay. His first name was Doug?

Mm-hl'N'TI,

Okay. And you talkr.d with Doug for a while?

Yes, mm-hmm.

Let me ask you, did Doug have you do anything with

respect to maybe looking at somebody or seeing ·· ~

They made me walk down the hall, a narrow hallway -­

Okay.

-- with two rooms on the side.

Let me atop you there. Before you walked down that

hallway --

-- okay, you had a conversation with Doug; z:ight?

Yes, sir.

Did - - do you recall Doug telling you anything about

who was down there, if anybody?

He didn't give me anything -- you know, particular o!

who was in the room. He just told me to see -- lock

left and right, sec if I recognize anyone, and come

back.

1>9

Q

A

Q

h

Q

A

10 Q

11 A

12 Q

13 A

14 Q

15 A

16 Q

17 A

18 Q

19

20 A

21 Q

22

23 A

24 Q

25

Q

A

Q

A

Q

A

Q

A

10 Q

11

12 A

13 Q

H

15 A

16 Q

17

18 A

19 Q

20

21 A

22

23 Q

24

25 A

since it was June, con·ect?

Yes, sir.

But jusl later in th~ day?

Yes, sir.

Ok<1\', And when you ;1.rrive there, did you stay lv1th

y:::ux mom, or did there come :.l time where yo,; ~·Je.?:e

s~11a1.ated Lrcm her?

Yeah. It came a tirne when tht:!y w~nted to ask us

questions.

Okay ..

And we were sepa!at;e~.

And you were present. Did your tr.om agree to that?

Yes.

so you were taken somewhere else; correct?

Yea, sir.

Now, you were 17 at the time; correct?

No, I \<:aS 16.

.sixteen·, (?kay. so you've hit your 11th birthday Hine,~

then?

Yes, sir.

Okay. And, after they took yo".l aside, you don't know

what conversations Lhey had with Mom; do yo'J!

Right.

Whatever con'lersat:ions they had with her, you were

involved with a detective of your own; correct. --

128

Okay, Ar:d did he walk down that l1allway ...,ith you?

No, sir.

Okay. So if, for example, I'm standing here at the

podium, and you walked down the hallway, came hack?

Mm-hmm.

Doug, did Doug go anywhere with you?

No, sir.

Okay. He just stood there?

'les, sir.

While you walked down there, walked back, did he say

anything?

No, sir.

Make ony suggestions about what you wexe looking at,

anything like that?

Ho, sir.

okay. There came a time when you obsetved a couple of

people; correct?

Yes, sir.

And what, if anything, tlid you tell Doug when you

walked back?

I told him only thing that was Gitnilar •,.ta& that both

males were African-American.

okay. So as I understand it, you didn'::. identify

anybody?

No, sir.

130

2b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

10

11

12

ll

H

15

16

17

18

19

20

21

22

23

" 25

10

11

12

13

14

JS

16

Q

A

Q

A

Q

ii

0

A

Q

A

Q

Q

A

Q

A

Q

1\

That •s what. you're telling us today?

Exilctly.

Now, you •ve had occasion to ta.lk about this under onth

before; corn~ct?

Yes, sir.

And you recall us asking you or another assi.;tant

askir.g you about whether or not you had rnade a

statement of identification to the rr.an you called Doug;

correct?

ies, sir.

And if I were to say to you that Doug' 6 last name is

Rivard [sic], would you argue with that?

I •m not sure.

ln any event, as l understand il, and, again, just to

be - - you may - - it• s your pod ticm you didn • t say

anything to Doug about wh,2t those individuals, whc they

wei.:~ or were not; correct?

Yes, sir.

1 'm going to show you a copy of this report. t Wi;lnt

you to review it. and see if it refreshes your

recollection.

MR. PIAZZA: Well, I •m going to object to

that, Your Honor, It appears his memory does not need

to be refreshed. He didn't say he doesn't r~metnber,

Tl!B COURT: I •11 overrule the objection,

133

I •in go!ng to shov you what• s been marked as People's

l>roposed 1. Will you identify that (01. the record:'

The color and the back of it is correct.

Okay. So that I s the nilme

same color

at the very least, the

Yes, sir.

-- and the same type of car, the same --

The model -~ like, the body ot it, yes, sir.

MR. VA!J UORMAN: Okay. 'l'hank you. Moment'

Your Honor.

(Ort-the~record discussion held.}

MR. VAN NORMAN: Pass the witness, Your

Honor. Thank you.

THE COURT: Questions, Mr. Crawford.

MR. CRAWFORD: Yes' Your Honor'

CROSS• EXAM INAT1 ON

11 BY MR. CRAWFORD:

18 0

19

20 A

21 Q

22

23

24 A

25 Q

Mr. Jones, I'd like to ask you oome questions about the

things you testified to on direct examination, okay?

Yes, sir.

Now, let's go back to June 21, 201S. Now, you've

testified that you and your mother were leaving from

church on this day; correct'?

Yes. sir.

And let's go immediately to 'when yo\~ all are crossing

13)

10

11

iJ

ll

14

15

16

J'I

18

19

20

21

22

23

24

25

10

11

12

13

3'

15

16

17

18

39

20

21

22

23

24

25

MR. VAN J.;QRNAN': Thank you, Yo~r Honor.

THE WITNESS: Okay.

BY MR • VAN NORMAN :

Q

A

Q

A

Q

A

Q

., Q

A

Q

J\

Q

A

Q

)\

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

This report refreshes yo~r i-eco:lect.ion?

No, six.

okay.

Not clearly. Nol c1 ea:t:ly,

/U"e you saying that the repo~L is -- the lcport does

indicate that you did make a statement of

identification,- correct 'J

No, sir.

It does not do that?

No, sir.

So the report would be w-rong?

Yes~ sir.

Now, just oue quick point. The individual that did. the

shooting, did you observe that person get back into the

car?

No. sir.

Okay, Were you able to identify the type of car that

you saw at t,he scene"!

I just remember the color ilUd the back o! it.

Okay.

Because someone in my church has kind of sirr.ilarity

fsic:I to it.

132

the train tracks; okay?

Okay.

Can you describe for me what were seine o! the weather

conditions ou. this day?

It was very hot.

It was very hot?

Very hot.

Was there any rain on this day?

r.to, sir.

sunny day?

Yes, sir.

So it •s sunny and hot on June 2l; correct?

Yes, sir.

And l notice that you're wearing glasses today. Did

you al so have on glasses?

Yes, sir.

Okay, And you also testified about what you !law;

correct?

'lea, sir.

Now, wan there anything obstructing your view fror:i Lhis

shooting?

No, Rir,

And rocghly how far away were you when the ar:t.ual

shooting was taking place·!

About 20 to 25 feet.

114

3b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

10

u

12

13

H

15

16

17

18

19

20

21

22

23

24

2S

10

0

A

Q

A

0

A

Q

J\

Q

,, Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Okay. So you had a pretty good eye view of what wa.s

going on; correct 7

Yeah.

Now, you also tallied about you were on the scene of the

shooting roughly for another 2S to JO minutes; correct?

Yes, sir.

Did you speak to any officers on the scene?

I think his lasL name was Bade, r 1 m not sure.

Okay. C?\lld that have been a Bady?

Yeah, yeah.

Okay. And you told O!ficer Bady about what you

observed; con:ect?

Yes, sir.

And that also included observations of the shooter.;

correct?

Yes, sir.

:.swell as the driver w­

'ies, sir.

-- correct? Now, I want to focus your attention on ~he

driver, okay?

Yes, sir.

Now, do you remember telling Office:r Bady that the

driver was a heavyset male?

Yes. air.

Did you give Officer Bady, perhapo, an estimate as to

135

an earlier date?

Can you :-ephrase that?

Do you remember testifying about this situation -­

Yes, sir.

-- earlier?

Yes, sir.

MR. CRAWFORD: I •m going to show you, on

page 32 of the preliminary examination -- may I

approach, Your Honor?

THE COURT: You may,

ll BY HR. CRAWFORD:

12 Q

]3

14 A

15 Q

16 A

17 Q

Ja A

19

,o Q

21 A

22 Q

2]

24 A

25 Q

I'm just going to show yoc the testimony. 1f you can

read that over to yourself.

Okay.

Let me know when you I re finished.

Now the male - -

Don't read it out loud. Just read it to yourself.

Oh, okay. Yeah, I remember -- r remember this, because

I did say that.

Okay. So doe& that help refresh your recollection?

A little bit, yes, air.

Okay. So you do remember describing the driver as a

320-pound male; correct:'

'ies, sir.

And you -- do you also recall describing the d:river as

13"1

A

0

A

Q

A

Q

10

11 A

ll Q

13

14 A

15

16 Q

17

18

19 A

20 Q

21

22 A

23 Q

24 A

25 Q

A

Q

A

Q

A

Q

10 A

11 Q

12 A

13 Q

H

15

16 A

17 Q

18

19 A

20 Q

21

22 A

23 Q

24

25 A

the driver's weight?

I -- r believe I sdid about 280 to 320, somethbg

around that nature.

Oltay. So tomewhere between 2au ;:.ind 320'?

Yes, sir.

O~dy. A:nd you observed hir.i frcm roughly 25 to jQ feet

away; correct?

Yeo, sir.

And nothing was obntructi1ig your view when you saw this

280 to 320-pound rr.ale --

Exactly.

-- correct? Do you :remember what type of shirt this

large male had on?

I only seen his upper body, so he had a. big, \1/hite

T-shirt on also.

okay. And you know that he was a heavyset :nale, I

imagine, because his body was prottuding over th~

windGhield, rnaybe?

Yes, sir.

Okay. How, you also told Officer Bady while on the

scene that the driver hnd a large beard; correct?

l believe so. I believe so.

Ok;:iy.

I'm not sure.

Do you remember testifying in regards to thi& iratter at

having a long beard?

Yes, sir.

136

And this long beard, did this come down to the middle

of his chin?

No, it came to, like, his collar - -

Ta his collar.

like, it 1 ll come to, like, right hez:e.

So it wasn't a normal go;;,.tee, but it was one that

someone could actually grab?

Yes, sir.

And this waa very distinctive to you; wasn 1 t it?

Yes, s.ir.

Now, there was also some testimony a minute ago about

you going to the police t;tatlon on the day in question,

on June 21; correct?

Yes, sir.

And this was :roughly four to five hours a!ter the

shoot. i1~g occurred; correct 7

Yes, sir.

Roughly tour to five hours after you gave the

description of the driver to Officer Bady; correct?

Yes, slr.

And while you were there, a detect:lve tonk you to t...:o

different rooms; correct?

Yes. sir.

138

4b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

Q

A

Q

A

Q

A

10 Q

11 J\

12 Q

13

14

15 J\

16 Q

17

l8

19 J\

20

21

22

23

24

25

Q

I\

Q

I\

Q

A

Q

10

11 JI

12 Q

13

14 A

15 Q

16

17

18

19

20 A

21 Q

22

23 A

24 Q

25

Now, they took you to one room. Now, z·ou testified

that you didti' t make any identif!.cations; correct?

Yes, sir.

Now, one of those .rocms, did the o!:!icer ask you, is

that the driver

No, sir.

~- in there'? But you did indicate that that was not

the driver

Exactly.

·- that you looked at?

Exactly.

That in either of the rooms that you looked nt, you

told tbe officer the driver is in neither one of these

rooms; correct?

Yes, sir.

And that's bccat,se the pecpl~ thitt they showed you were

not consistent with the 320-pound male that you

described; correct?

Yes, sir.

!Off-the-record diocussion held.)

MR. CRAWFORD: No further questions, Your

Honor,

THE COUR1': Quest.ions, Mr. Pia22a.

HR. PIAZZA; Thank you, Your Honor.

139

You ran into a friend o! yours or ex-clasi;mate; is that

correct?

Yes, sir.

And yout mother was assisting in -- or assisting the

person on the ground; is that cott·t!c:t?

Yes, sir.

Police officers arrived; correct?

Yes, sir.

And you talkeU wit:h police officers at the scene, is

that correct?

Yes, sir.

You also talked with some officers down at the police

station at 612 Federal, is that correct

Yes, slr.

-- lat.er? All right. When you talked vith the

officers, you gave a description, as you indicated,

about the driver being, you know, a heavyset black male

with, you know, a goatee -- a long goatee or something;

is tha.t correct?

Yes, air.

You also gave a description of the gunman as best a:1

you could --

Yes, sir.

-- is that correct? You indicated that the gunman was

a. bl a.ck male; cor?:ect?

1'1

CROSS-EXAMIHATIOS

BY MR. P!AZZA:

Q

A

Q

10 Q

11

12

l)

14 •

15 Q

lG

17 A

1H

19

,o 21 •

22 Q

23

" 25 A

A

Q

A

Q

A

Q

A

10 Q

11 A

12 Q

13

14 A

15 Q

16

17 A

18 Q

19

20 A

21 Q

22

23 • 24

25

Good afternoon, sir.

Coed after.noon.

I toke it it was very disturbing, ...,hat you heard and

!HiU; ic that correct?

Not really.

okay. Bur. you were coining back Crom church

Yes, sir.

-~ correct? And you're hearing some -- what you

thought firecrackers. And then another, you said you

looked around and saw a gun being discharged; is that

correct?

Yes, sir.

About 2s feet away, according to what you've indtcat.ecl

to counsel: io that correct'/

Yes, sir.

And the person that you indicated was the shooter. you

did not see gt!t into any vehicles as you \./ere driving

away; is that correct?

Yes, sir.

All right. Now, what happened ic you -- you drive on,

your mother's d:riving, made a left ilt. the Admiral

station, and came back tn the scene; is that correct?

Yes, sir.

140

Yes, sir.

Black cargo pants; correct?

I 1 m not sure about that; probably.

And a shaved head; is that correct?

Yeah, he wus bald. YeD.

Okay, And you indicated that the driver had a beard,

husky, and maybe even wearing a red or blue: hat, is

that. correct, if you remember that'?

It• s accurate

Okay.

-- but I'm not ,mre.

'You also was {sic) asked that -~ whethei: or not yo'J

observed any license plate; is that correct?

Yes, sir.

And you did make an attempt to look at a license plutc

of a vehicle; iii that correct?

Yes, sir.

And you gave a couple le':.ters to the police at the

scene of what you thought you saw; is that correct?

Probably, yeN, sir.

Al1d that would he either CE or GE, those lellers; is

that correct?

I 'm not sure about that.

MR, PIAZZA: 1 f I may approach?

THE COURT: You may.

142

Sb

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

9

10

11

12

ll

1'

15

16

l7

18

19

20

21

22

23

2<

25

10

ll

12

13

14

15

16

17

18

19

20

21

22

23

" 25

BY HR. P!AZZi\:

Q

" Q

A

Q

" Q

A

Q

A

Q

A

Q

"

Q

)\

Q

A

Q

A

Q

A

Q

)\

0

A

Q

A

Q

A

Q

A

Q

Showing you Of Heer nush' s report. if you'll rend this

to yourself.

Okay.

Dees that refresh your merr.ory'?

l probably said it at the time.

Okay CE or GE, hut today, you have no memory; is

that

Yes, sir.

All :right. The photograph that wac shown to you, was

it this one -- exhibit Proposed ?? PropoGed 1,

you're not s;1ying this is the vehicle. You sa.id it

just looks similar to ~ ~

Yes, sir.

-- in color?

'Jes. sir.

Okay. now, Lhat is -- in the photograph, it's a Jeep,

but there's various models of Jeep. You've got a

Comna.nder, Liberty, Patriot, you know, you car,'t

describe to us today what kind --l'lo, sir.

-- of Jeep? All rl9ht. You indicated you picked or

counted some shell casings at c.he scene; is that

correct?

:!es, sir.

143

At some point in tlme, one officer -- enc detective had

you to a side and talked to you; is that conect'?

Yes, sir.

And that was in the hallway; is that cot"rect?

Yes, sir.

And that was away from other officer.s; is tr.at correct?

Yes, sir.

You originally was talking to, what, two officers?

Yes, sir.

But he pulled you aside alone, talked to you without

the other officer present; is that cortect?

Yes, sir.

All right. After that conversation you had with that

officex, you walked down a hallway; is that correct?

Yes, sir.

And you were asked to look at two single individuals

sitting in two separate rooms; is that correct?

Yes, sir.

Asking whether or net you recognized any of those

individuals?

Yes, sir.

And you did that; is that correct?

Yes, sir.

And you car.i.e back and told that. you don't recognize

either one of them; is that correct?

HS

JO

11

12

ll

14

1S

16

17

18

19

20

2l

22

23

" 25

Q

A

Q

A

Q

J\

Q

A

Q

A

Q

A

Q

A

Q

A

A

Q

A

Q

A

10 Q

ll

12

13 A

14

15 Q

16

17 A

18 Q

19 A

20 Q

21

22 A

23 Q

24

25

And, you know, 10 or Ao, approximately, is that about

what

Yes, sir.

Ycu indicated you were in c:riminal justice class or

something'?

r -w yes, sir.

Are you still in criminal justice cl<H>li~n.?

~o, sir.

All right. You were -- then you went home; corr~ct?

Yes, sir.

You went home, aud you ~* either yourself or your

mother received a pho_ne call to come tlo·,,,rn to the

Saginnw Police Departtnent at 512 1-·edcral; is that

correct?

Yes, sir.

And you and your moth~:t went down there; is that

correct'/

Yes, c:ir.

And while there, a detective or a police officer did

interview you; is that correct?

Yes, sir.

You know, they gave -- took a state:menl, a:id,

basically, the same thingr: you're telling us here; is

that correct'?

Yes, sir.

1<4

'ies, sir.

Okay. How - - and in one of the reports indicates

that -- is written. sayo that you IDed one of the

people In tht!rt:: as the shooter. That's not correct, io:

it?

Right.

You did not identify anybody ae the shooter; ls that

correct?

No, sir, I d..\.dn't.

So if a police officer or detective would say thctt. you

did identify somebody ao the shooter, that would be

incorrect; is that correct'?

Exactly. r rumie:d similarities to it, but r.ot exactly

100 percent.

Okay. So you did not identify anybody as the propost!d

shooter?

Exactly.

Okay. You also said it wa.s very hot that clay?

'le&, sir.

And this vehicle you you describe here leaving the

scene, I would imagine; correct?

Yes. sir.

But you did not see the pe:n::on that did the shooting at

the scene actually get into that vehicle, did you -- is

that correct?

1'6

6b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

A

Q

A

Yes, sir.

And the person you said that -- you know, the actual

shooter at the scene tho.t you cannot identify wa:z

standing over this Hispanic male at one tilTle, or not?

Yes, sir.

(O!f-r.he-record discus:s1on held. l

MIL PlA2ZA: okay. lf 1 might have a '.brief

moment here, Your Honor.

BY MR. PIAZZA:

10 Q

ll

12

13

H a.

15 Q

16

17

18

19 A

20

21

22

23

25

A

Q

a.

Q

A

Q

10 A

ll Q

12 A

13 Q

l4 A

15 Q

16 A

l 7 Q

1' A

19 Q

20

2l

22 A

23

24

25

When you were shown this photograph here, Proposed

Exh~hit 7, you were n:ot shown a sc:ries .of photograph~

to have you, you know, Pick oui: any particular ·vehicle;

were you?

No, sir.

And when you walked down tl1at hal}W"ay at 612 Federal,

at the police station, there was one individual in one

.room alone, and one individual in another room alone;

is that correct?

Yes, ait,

MR. PIAZZA: Thank you. I have no further

questions.

Mm-htnm.

THE COURT: Anything elo:e, Mr. Van Norman?

MR. VAN NORMAfJ: Just a tew, Your Honor.

1'7

But you don't know that for certain?

Exactly.

Okay. And person that you observed doing the shooting,

did -- oh, let me get -- firGt, the beard that the

driver ho.d wo.s, what, you indicated a goatee of some

type?

Yes, sir.

And it came down below his chin?

Yes, sir.

Somewhere to maybe the collar line, somewhere in there?

Yes, sir.

Okay. So I'm gesturing with 1ny finger-~

Mm-hm."lt.

- - between my chin and my collar.

Yes, sir.

About that long; correct?

Mr.i-brnm.

Okay. And the person that you observed do the

shootinq, we can agree was net the person you deocribed

as the driver; correct?

'ies, sir.

MR. VAN NORMAN: Okay. Moment, Your Hono:c.

Nothing further. Thank you.

THE COURT: Anything elae, M:r. Crawford?

149

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

JS

10

11

12

13

14

15

lG

17

18

19

20

21

22

23

25

REDIRECT EXAMINJ::..TION

B 'l NR . VAH NORNJU-1:

Q

A

Q

A

Q

a.

0

a.

Q

A

Q

A

Q

A

Q

Dyjuan, you've identified somebody or you've described

tlle pel::::on that you indicated was the driver of the

Jeep; correct'?

·tes, sir.

And you saiC. he weighed approx -- ,..,ell, let mt~ ask you

this, before we get into how you described him. The

conclusion that you reached that he was the driver, in

other words, how did you know he was the driver?

Because he was in the driver's seat.

He was in the driver's seat. Driver's door was closed?

Yes:, sir.

okay. So, what ycu saw of thig person tha.t you've

identified as the driver, you saw ~- you didn't sec any

lower body; c:ou:ect?

No, sir,

Didn't see any legs? Did you &ee a waistline1

No, sir.

Did you see a stomach?

It was intruding lsicl, like it WdS ltig, yes.

Okay. But. -- so the per.son \Jas tall enough so that

their stomach wa.a: visible through this winc!ow?

Yen, because he 1 s probably leaning back in the ca:r.

You say he was probably leaning back?

1<a

MR. CAAWFORP: No, Your Honor.

THE COUR1': Mr. Piazza?

MR, PIAZZA: No, Your Honor.

THE COURT: Ladies and gentlemen, we're going

to take a break at this time. I hdVe other matters I

need to take care o!, shouldn't be too long. If you'll

g:o with rny clerk, please.

MS. L8WIS: 1\11 rise for the ju:ry, please.

(Jury excused at 2:23 p.m., witness excused.}

MS. LEWIS: All rise for the jury, please.

(Jury returned at 3 :12 p.m., proceedings

reconvened. l

MS. LEWIS: court is again in session, the

Honorable Darnell Jackson presiding.

THE COURT: Plc.:ise be seated. I gave you an

ex.tended break, you look refreshed, rejuvenated,

regrouped, recuperate.cl.

Call your next witness, Mr. van Norman.

MR. VAN NORr<'.A.."l: Thank you, Your Honor. At.

this time, the People would call Felicia Little.

MS. LEWIS: Raise your right hand, ma'am. Do

you solemnly swear that the testimony you sha.11 give in

this cause here pending shall be the t:tttth, the \<.'hole

truth, and nothing but the truth, so help you God?

150

7b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

,9

10

ll

12

13

14

15

16

17

18

19

20

21

22

23

24

25

10

11

12

ll

l4

15

16

17

18

19

20

21

22

23

2<

25

MS. LITTLE: 1 do.

NS LEWIS: You can take the witnei;;:; stiilld.

FELICIA LITTLE,

Being first duly oworn at 3:13 p.m., testified under

oath as follows:

DIRECT EX/,MINATION

BY MR. VAM NOIU-IA.tl:

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

MG. Little, good afternoon. would you state your name

and opell your fir ct name for the recoxd, please.

My name is Felicia Little, F-E~L-I-C-I-A.

J\.nd just t.o the record's clear, Dyjuan Jones is your

son; correct?

Yes, he'G my adopted son.

Okay. Ma. Little, I want to direct your attention to

June 21 of last year, Father's Day. Do you recall that

day?

Yen,

And I want to direct your attention to approximately

the early afternoon houra, somewhere between 1 ilnd

1: JO. Do you recall that particular time?

Yes.

Do you recall where you were at that point. it1 time?

I was leaving church.

okay. 11.nci when you left church. dld there come a time

approximately between 1:15, 1:30 wh~ri:: you were

1Sl

Mm-hrr.m.

And can you tell us - - c.:ln you point out where you

observed this: -- this man wa.lking and then get shot?

If Lhis is the place it's -- if this square is that

place. then it's there, at the bottom. Is this that

place?

The lower place right here?

Yeah.

Okay. That's the Blue Diamond J;>dl:ty store right there,

where it says "Blue Diamond."

Okay. So when you come .icross the grass, then it's

that place.

Thank you. Nuw, you indicated you saw a man walking,

and within a short time, that. man was shot; correct?

Yeah, I saw #- I saw a body come from around the truck,

and I eaw a guy walking up the street.

Okay. As you' re approaching Holland Street, you' re

going no:rth; co:rrect1

lleah.

Okay. And so this would have been c.o your left?

Yes.

The truck that you talked about, that you r.lent1oned,

was it moving ~ ~ it was parked somewhere?

It was two trucks just sitting there.

Okay. The truck that -- well, strike that.

lS3

A

Q

A

0

A

Q

lO A

l1 Q

12 A

lJ Q

H A

lS Q

16

l7

lB A

19 Q

20 A

21

22

23 Q

24

29

A

Q

A

Q

A

10 Q

11 A

12

13 Q

14

15

16 A

17 Q

18 A

)9 Q

20

21 A

" Q

23

24 A

25 Q

traveling north on Cumberland Road?

Yes.

Anti Wt:re you npproaching the intert.ection of Cumberland

ar.d Hollar.d'?

'feG.

'!cur son was trv.veling \<:ith you; correct?

Yes,

And you t,.,~re obviously in the driver's seat, you ~,,1ere

driving; correct?

Yes.

And your son was situated where?

He was in the back passcns,er seat.

Okay. So kind of kitty~co.tner to you?

Yeah.

Okay. i\s you approached the intersection o! C'Jmberland

and Holland, did - - was there something that caught

your attention?

Yes.

And what was that, if you recall?

When I wa::; driving over the tracks, r could see

somebody walking. And then r saw so?l'lebody come on the

sidewalk and start shooting.

okay. Now, I'm golng to ask you to just step down

briefly and approach this exhibit here. Here, we have

the intersection of CUmbcrland and Hollar.d: correct?

192

Did you ~ - were you able to observe anything

about either of the trucks?

One was burgundy and one was si 1 ver.

Okay. And with respect to the -- with recpect to the

shooting itself, did you see -- did you have occasion

to get a good look at the shooter?

No.

Okay.

I was driving.

Okay.

No way to look sideways and frontwards at the same

time.

Fair enough. Can you tell me and tell this jury what,

if anything, you do remember about thnt shooter? Was

he male?

I 6aW a body

Okay.

-- and a hand and fire. That's all I can tell you.

Okay. You can· t tell us wi:.ether the shooter was an

African-American or a Caucasian?

Nope. Wasn • t looking.

Ca::,. you tell us -- you can •t tell us ,'.lnything about

what he was wearing?

Hope, wasn't look.ing.

okay. :lou did hear shots, though?

154

8b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

n

Q

10

ll Q

12 A

13 Q

14 A

15 Q

16 A

17 Q

18 A

19 Q

20 A

2l

22 Q

23 A

24 Q

25

Q

10

11

12 h

13

l4

15 Q

16 A

l'1

18

19

20 Q

2l

22

23 A

24 0

25 A

Yep,

After you he..1.rd the a.hots, whJ.t, if anything, did you

do?

I looked. And when l saw, like:, fire coming from

the -- I was never looking up r just kind of loo;.ce:d

to the side, and I saw fire. Sol was like, oh, that's

., gun. And so it• a. like, do r stay here and the

bullet.s go in rny ca1·? Then he kind of fell in the

street, and I di dn I t want to run him over. And once I

saw - - had some.where to go, then I just speeded off.

When you say you sa11 fire, that. was corning fro1n .where?

From the hand, like --

Okay,

-- the hand, you saw sparks.

okay. So you saw a hand holding a gun?

Uh-huh,

A..'ld you saw something?

Yeah.

oo you recall how many tiraes you saw that (ire?

I can• t tell you. I was trying to get home to my

children.

Okay.

I t,.raGn 'l thinking about any of that.

Okay. Once that stopped, when that -- when that was

over, did you - - you continued to - - to Helland Street 7

155

asked me to see if he had a pulse. He didn't.

Everybody at. the sct:tte felt like he was breathing, but

I knew he was regurgitating on his blocd. so I knew he

was ~- you know, he wasn 1 t breathing anymore.

So people were telling 9-l-l he was

breathing. And nince I was in the medical field, I

assured them that he wasn I t breathing.

Let me stop you ~ - you ;topped yourself. Let me ask

you this. When you - - to the extent that you could

observe or did observe, other than the ahooter and the

victim, did you see any other people in the area?

No, just, like, cars in front me and behind me, and,

you know, oncoming traffic trying to come on, but he's

in the street, so nobody can come this way.

Okay.

Only people going northbound can go. So, lhere was a

lady tried to tell me to back up, but I couldn't back

up, you know, we stuck in traffic, and they shooting._

We just trying to move on.

So ~- but at the time you observed the shooting, there

were no other people milling around or anyt.hing like

that, is that my -· am I correct?

No.

I'm not correct or I am?

No. I mean, there was r.obody there until

157

A

Q

A

0

10 A

u

12

13

H

15 Q

16 A

17 Q

1S

19

20

21 n

22 Q

23 A

>5

0

A

Q

A

10

11

" Q

l)

H A

15 0

1' A

17 Q

18

19 A

20 Q

2l • 2' Q

23

24 A

25

l speeded o(! befoi.-e the shoct1ng even Blopped,

Okay.

Once I -- r .. uis kind ot atuclc I didn't }mow if I

should stay there and they see rr.e, oi- do l 90 <1nd run

hitn over? So I 'Jas 5tuck (or a minute. Ther., I just

thoughl, whaleve.r, di:d I spell o(!

When yo'J say ~him,~ are you r.alking about the victi•n ·­

Yeah.

-- or somebody else?

The guy, you knc:,w, he fell -~ it started on the

sidewalk, he fell in the street.. So Cumberland i !.i a

two-lane very small street. And he wa.& in the

south.bound lane, the bottom of his body. So, you know,

you had to be real careful not to run hirn over.

Did you see eithe1· of the vehicles drive off?

No.

Okay. Now, after -- you said you wanted to get;. home to

your family, there did come. 11 time ·- strike that.

Did there come a time, if ever, when you

returned to the ocene?

'Jeah, I went to Helland and I turned left.

Okay.

A.'ld my son knows my job title. And he's like, "Auntie,

you ain•t even going to t.ry to check on him?~

so I went back and 1 called 9-1·1, ,md they

15G

Okay.

-- when I turned around, there were people there,

because people began to pull over and began to be stuck

in tr.if!ic, so they had no choice but to be there.

okay. And -what, if anything, did you do when you got

to the scene? You indicated - -

I checked his pulse and I did what the medical side o:.

me do. I love helping people and I love saviug lives.

So, you know, I tried to talk to him a little bit,

check hia pulse, but, you know, I knew ilt'lllediately that:

he wasn I t going to make it.

Now, there did come a time later that day ..:hen you went

to the police station on Federal street; correct:.?

'lee, it -- uh~hub.

Okay. And your son went 1;1ith you?

Yes,

Okay. And there cam!:! a -- did -- yo~1r son WdS, at son:t:

point, taken alone to talk i:.o the office.rs; cor::::ect?

Yes.

And that was with your consent?

Sure. Nothing to hid~; why not7

Okay. And let me ask you this. Did you ever indicate

to any officer you were afraid of retaliatlon1

No. r 've indicated to everybody that I dcn 1 t fear no

man but God. What God has !or Felicia is for f'elicia.

158

9b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

10

ll

12

13

1'

IS

16

11

18

19

20

21

,, 23

24

25

I don• t fear anything.

MR, VAN NORNA.\I; Okay. Y.omcnt, Your Honer.

{OU-the-tecord discussion held.)

B 'f MR • VAll Im RM AN :

Q

• Q

A

Q

A

Q

A

Q

A

Q

A

Ms. Little, jus:t a couple quest.ions. Ycu said you

observed a gray vehicle?

Yep, I did say r saw a gray vehicle. Mm-hmm .

Was that - - was that on the rot1d o:t in the parkil)g lot

there?

Both of the vehi.cleG were in the - - if yoc - - if we

call it a pa;rking lot.

Okay.

I think it's a sidewalk. Both vehic1 es were across the

sidewalk.

Oka.y. But it's not in the area of -- it's not in the

roadway is what you' re telling us?

No.

okay. Ycu indicated when you heard the shots, that you

had to make a decision?

Mm-hmm.

And I thillk the deciGion was do I stay or do I 90, or

do I stay ,md they sei: me? Why did -- what were you

concerned -- why were you concerned about being seen?

Because l 'm he.re at the railroad tracks where you

stop - -

159

10b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

10

11

12

STATE OF MICHIGAN

IN THE; CIRCUIT COURT FOR nu; COUNTY Of' SAGIUA.W

PEOPLE OP THF; STATE OF MlCUIGMl

v,,

DOMINIQUE ARtrnTT RA)I.SEY, TRAVIS TRAVOH SAMMONS,

Defendants.

File Ko. lS-04lS41-FC-$ File Ko. 15-011811!-i-'C-S

JVRY TRIAL VOL1JME 1II OF JV

BEFORE THE HONORABLE DARNELL JACKSON, CIRCUIT JIJDGE

Saginaw. Michigan - January 26, 2016

13 APPEARANCES:

l<

15

16

l1

18

19

20

21

22

23

24

25

10

ll

l2

13

15

16

11

18

19

20

21

22

23

2'

25

For the People: DT..N G. VAN UORMJ\N (P342J2) ASSISTAJ,JT P.ROSECUl'lNG ATTORNEY 111 S. Michigan /\Venue Saginaw, M! 18602-2019 {989) 790-5))0

For Defrmdant: ALAN A. CRAWFORD {P744:74l Ra.mscy: LAW OFFICES OF ALAN A. CRAWFORll, PLLC

120 N. Michigan Avenue, Str.. 303 Saginaw, MI 4SG02-4J36

For Defendant: Sam'.'llons:

(989) 355-1717

J1~"1ES F. PIAZ.Zl, (PJ0172) ATTORHEY AT LAW aoJ court street Sagina....,, MI 48602 {989} 791-1813

Reported by; ESTELLE 8, PRZYBYLSKI, CRR, RMR, CSR-3769 Official Court Reporter

EXHIBITS:

PX 9 PX 10 PX 11 PX 12 PX 13 PX 14 PX 15 PX 16 PX 17

Certified Conviction {Ramsey) certifiec! Conviction (Sammons} Miranda Waiver (Sammons) Blow-up - Jeep Photograph - Autopsy Photograph - Autopsy Photograph - Autopsy Photogratih - Autopsy Photograph - Autopsy

RCVD

12 12

" 38 21 21 24 24 24

lJ IJ E X

WITNESSES FOR THE PEOPLE:

K#'\N'J VIRANI, M.D.

Direct Ex:>minatinll ay Mr. Van Horman Cross·Exarr.in,1tion By Mr. Piazza

CJWIO RIVARD

Direct Examination E.y Mr. Van Norman C?:oss-Examir:ation Bl' Mr. Crawford Cross-Examir.ation Dy Mr. Piaz:rn Redirect i::xarnina.tion By Br. van Norman

10 People rest

ll

12

13

14 Defense (Ramsey) rests

1S Defense (Sanmonsl rests

16 Motion tor Directed Verdict !Ramsey) by Mr. Crawford

17 Ruling of the Court

18 Motiau for Directed Verdict (Satmnons) by Mr. Fiaz.zil

19 Ruling of the Court

20 Closing Argument by Mr. van Norman

21 Closing Argument by Mr. Crawford

22 Closing Argument by Mr. Piazza

21 Closing Argument by Mr. Var: Uorrr.an

24 Jury sworn by Ms. Bidwell

25

?AG£

" 28

31 ;a so ss

59

PAGE

60

6l

63

6<

63

92

99

115

162

11 b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

II

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Q

A

Okay. And this homicide occurred at roughly 1:23 p.m.,

on June 21?

Correct.

And do you remember what time it was that Dyjuan Jones

arrived at the police station?

No, I don't.

Was it -- it was the same day, though; correct?

Yes.

Within a few hours; correct?

Yes.

Okay. Now, there was some testimony on direct

examination about room No. 2; correct?

Correct.

And in room No. 3 was Dominique Ramsey; correct?

Correct.

Now, Mr. Jones looked in room No. 3; correct?

Correct.

And he did not make an identification of Mr. Ramsey;

correct?

Correct.

MR. CRAWFORD: No further questions.

THE COURT: Questions, Mr. Piazza?

MR. PIAZZA: Thank you, Your Honor.

49

12b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

3

4

5

6

7

STATE OF MICHIGAN

IN THE 70th JUDICIAL DISTRICT COURT FOR SAGINAW COUNTY

THE PEOPLE OF THE STATE OF MICHIGAN

vs. Case No. 15-003348-FY

DOMINIQUE ARNETT RAMSEY,

Defendant/

8 THE PEOPLE OF THE STATE OF MICHIGAN

9 vs. Case No. 15-003349-FY

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

TRAVIS TRAVON SAMMONS,

Defendant/

PRELIMINARY EXAMINATION

VOLUME I OF II

BEFORE THE HONORABLE A.T. FRANK, DISTRICT JUDGE

SAGINAW, MICHIGAN - Friday, September 25, 2015

APPEARANCES:

For the People: DANIEL G. VAN NORMAN (P-34222) Assistant Prosecuting Attorney 111 S. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5330

MARK J. GAERTNER (P-33773) Assistant Prosecuting Attorney 111 S. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5330

1

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1 APPEARANCES:

2

3 For the Defendant:

4

5

6 For the Defendant:

7

8

9

10

11

12

13

14

15

16

17

18

19

20 RECORDED AND

21 TRANSCRIBED BY:

22

23

24

25

AL~.N A. CRAWFORD (P-74474) 120 N. Michigan Avenue Ste. 303 Saginaw, Michigan 48692 (989) 355-1717

JAMES F. PIAZZA (P-30172) 903 Court Street Saginaw, Michigan 48602 (989) 791-1813

PATRICIA A. WISE CER 6066 Certified Electronic Recorder 111 S. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5375

2 14b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1 Q

2 A

3

How'd did you come into possession of that knowledge?

I do believe Detective Sergeant Bush shared information with

me that there was a vehicle that was possibly --

4

6

MR. CRAWFORD: Objection as to hearsay.

MR. PIAZZA: Concur.

MR. GAERTNER: Its hearsay, I'll move on.

7 BY MR. GAERTNER:

Q All right, but your partner was Sergeant Bush?

A Correct.

Q He relayed information to you?

A Correct.

Q All right, when you got down to the City of Saginaw Police

Department, was there anybody being held there, not arrested

but held there for questioning?

A Yes.

Q Who?

A An individual last name of Ramsey and another individual last

of Sammons.

Q Are they present in the courtroom today?

A They are.

Q Could you identify them for the record please?

A They're sitting to the right; I do believe Mr. Sammons would

be to the far right against the wall and Mr. Ramsey more

towards the middle, in the courtroom.

MR. GAERTNER: Would the record -- thank you.

58 15b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

THE COURT: Shall reflect ID on both files.

MR. GAERTNER: Thank you.

3 BY MR. GAERTNER:

Why were they bein~ held? 4 Q

5 A

6

They were inside the vehicle that was possibly involved in

the shooting.

7 Q Is that common for you to hold somebody that 1 s inside a

vehicle that's been described as part of a shooting?

A Yes, it is.

Q What was your intent when you had them at the Police

Department?

A To question in their regards to the -- their whereabouts for

that day.

Q Were they arrested?

A No.

Q Were they free to leave?

A They were being detained at that time so we could question

them.

Q All right, is that common for you to do that?

A Yes.

Q Now, as it concerns the defendant Ramsey, did you attempt to

take a statement or have a conversation with him?

A I did.

Q Did you read him what's commonly known as his Miranda Rights

before you took the statement?

59 16b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

3

_4

5

6

7

STATE OF MICHIGAN

IN THE 70th JUDICIAL DISTRICT COURT FOR SAGINAW COUNTY

THE PEOPLE OF THE STATE OF MICHIGAN

vs. Case No. 15-003348-FY

DOMINIQUE ARNETT RAMSEY,

Defendant/

8 THE PEOPLE OF THE STATE OF MICHIGAN

9 vs. Case No. 15-003349-FY

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

TRAVIS TRAVON SAMMONS,

Defendant/

PRELIMINARY EXAMINATION

VOLUME II OF II

BEFORE THE HONORABLE A.T. FRANK, DISTRICT JUDGE

SAGINAW, MICHIGAN - Monday, October 26, 2015

APPEARANCES:

For the People: DANIEL G. VAN NORMAN (P-34222) Assistant Prosecuting Attorney 111 S. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5330

MARK J. GAERTNER (P-33773) Assistant Prosecuting Attorney 111 S. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5330

73 17b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1 APPEARANCES:

2

3 For the Defendant:

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

For the Defendant:

RECORDED Ji.ND TRANSCRIBED BY:

ALAN A. CRAWFORD (P-74474) 120 N. Michigan Avenue Ste. 303 Saginaw, Michigan 48602 (989) 355-1717

JAMES F. PIAZZA (P~30172) 903 Court Street Saginaw, Michigan 48602 '(989) 791-1813

PATRICIA A. WISE CER 6066 Certified Electronic Recorder 111 s. Michigan Avenue Saginaw, Michigan 48602 (989) 790-5375

74 18b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1 • 'A...

2 Q

3 A

4 Q

5 A

6 Q

7

8 A

9 Q

10

11 A

12 Q

13

14 A

15 Q

16 A

17

18

19 Q

20

21 A

22 Q

23 A

24

Q

Robert Scott .

Your current employment?

I'm a Detective Trooper with the Michigan State Police.

And for how long have you been so employed?

I've been with the State Police 7 years.

And were you employed in the capacity back on June 21st of

this year?

Yes sir, I was.

And on that particular date you were employed were you on

duty or were on call at that time?

Yes sir.

Were you -- did there come a time that day when you responded

to call in Buena Vista Township on Cumberland?

That's correct, sir.

And the purpose of that or the nature of that call?

There was a homicide investigation -- just to clarify sir,

I'm sorry, I didn't go the actual day on the homicide, but

during that week, following the homicide.

Okay, subsequent to that date, there became a time when you

were involved in the investigation correct?

Yes sir.

And what if any was your role in the investigation?

I requested by -- by my Sergeant to look for surveillance

video in the surrounding areas,

And as a result of that directive what if anything -- well

94 19b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

3

4 A

5

6

7 Q

8

9 A

10 Q

11 A

12

13

14

15

16 Q

17 A

18 Q

19 A

20 Q

21

22 A

23 Q

24 A

Q

______ ,_,_,.,. __ .,,, ___ ,,,,. __ ,,, ___ ,,,,, ____ .,.._ "'"·""-···""--""'-·""··""'····"'"··.-=--=··""'· ·"""· _,.,..,..,....,,..,..,,......,.,,,..,,._,==

before I get to that what information or what were you

looking for in the surveillance video that you were

attempting to find?

I was given the location of the homicide and I was advised

that a suspect's vehicle had been developed and it was a

silver Jeep Commander vehicle._

And with that directive and that information you set out to

go to varies business or varies location?

That's correct, sir.

And over the -- strike that -- your next step was to what?

I responded to the scene where I knew the homicide had taken

place and from previous investigation I knew that the Blue

Diamond Party store on the corner has surveillance video, so

I started at the Blue Diamond and reviewed their surveillance

footage for the date and time in question.

That date and time being what if you recall?

June 21st, 2015.

At about what time?

In the afternoon, I'm not sure.

And did there come a time at the Blue Diamond when you found

or you observed the location in·the cameras correct?

That's correct, sir.

And you confirmed that the cameras were in working order?

Yes sir.

And after doing that you observed the videos, correct.

20b · 95

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1

2

3

investigation was I reviewed surveillance video between those

two points and the courses of travel that they might have

taken to get from one point to the next.

4 Q Okay and do you recall how many locations you stopped or hov,.1

many places you went along the way in the course of this

investigation?

5

6

7 A I obtained 9 surveillance videos.

8 Q Okay and these were from locations along the route that you

had determined between the point of the h?micide and the

point of when the defendants arrest, correct?

9

A That's correct/ sir.

Q And with respect to each one of these, did you observe the

location of the cameras?

A Yes sir 1 I did.

Q And did those cameras provide a clear un-obstructed shot or

un-obstructed view of the roadway that you were seeking to

observe?

A A few of them had a few obstructions, but for the most part

you could still see vehicle travel through the surveillance

video.

Q And1

with respect to each one of these and we can break it

down one by one if we have too 1 but with respect to each one

of these were the cameras in working order at the time?

A Yes sir 1 they were.

Q And were you able to obtain videos from each of those

21b 101

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

1 cameras?

2 A Yes sir, I did.

3 Q After you obtained the video and with respect to this gray

4

5

6

7

8

9

Jeep in question did you observe it traveling along a road or

traveling through~-

MR. PIAZZA: And, again Your Honor, I'm gonna

object to what he's observed on this video, it's for the

Trier of Fact or this Court if the videos are admitted to

make any determination what's on the video.

MR. VAN NORMAN: Do need -- Do we need to double

seeking it continuing objections, I thought he had it?

THE COURT: No, I don't mind making sure with

regard to his objection, but I'll still overrule the

objection as to going back to the reason I gave some moments

ago.

MR. VAN NORMAN: Thank you.

BY MR. VAN NORMAN:

Q And at each one of those locations again were you able to

ascertain or obtain video that contain this silver Jeep you

were looking for traveling along the road?

A Yes sir.

Q And in view of that camera?

A Yes sir.

4 Q What did you do after you ascertain your -- after you learned

of those videos existing's?

22b 102

~ !

,1 1\ i: !i

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF SAGINAW

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff,

V DOMINIQUE A. RAMSEY,

Defendant.

And

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff,

V TRAVIS T. SAMMONS,

Defendant.

-------------------Mark T. Gaertner (P33773)

Daniel G. Van Norman (P34222)

Assistant Prosecuting Attorneys

Saginaw County Prosecutor's Office

111 S. Michigan A venue

Saginaw, MI 48602

Alan A. Crawford (P7 44 7 4) Attorney for Defendant Ramsey

120 N. Michigan Avenue, Suite 303

Saginaw, MI 48602

James F. Piazza (P30172)

Attorney for Defendant Sammons

903 Court Street

Saginaw, MI 48602

------------------~/

File No. 15-041847-FC-5

Hon. Darnell Jackson

File No. 15-041848-FC-5

Hon. Darnell Jackson

I

JURY INSTRUCTIONS

23b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

Original Instruction-Prior Statement of Identification

You have heard testhnony from a witness, Sergeant David

Rivard, that another witness, Dyjuan Jones, made a prior

statement identifying Defendant Sam1nons as the shooter after

he observed Defendant Sammons during a "show up" at the

Saginaw Police Department on June 21, 2015.

Before you consider this out-of-court statement of

identification, you must first find that Dyjuan Jones made the

statement attributed to him by Sergeant Rivard.

If you find that Dyjuan Jones did make this ou~-of-cou1i

statement of identification, you may give this statement

whatever weight you think it deserves. In deciding this, you

should think about the totality of the circumstances under which

the alleged statement of identification was made, and about all

of the other evidence in this case.

12-B 24b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

7.08 Identification (Modified)

( 1) One of the issues in this case is the identification of the

defendants as the individuals who committed the ·crimes. The

prosecutor must prove beyond a reasonable doubt that the

crimes were committed and that the defendants were the

individuals who committed them.

(2) In deciding how dependable an identification is, think

about such things as how good a chance the witness had to see

the offenders at the time, how long the witness was watching,

whether the witness had seen or known the off enders before,

how far away the witness was, whether the area was well­

lighted, and the witness's state of mind at that time.

(3) Also, think about the circumstances at the time of the

identification, such as how much time had passed since the

crime, how sure the \Vitness was about the identification, and the

vvitness's state of 1nind during the identification.

18

25b

RE

CE

IVE

D by M

SC 4/18/2019 2:21:44 PM

( 4) You may also consider any times that the witness failed

to identify the defendants, or made an identification or gave a·

description that did not match the description of the defendants.

(5) You should examine the witness's identification

testimony carefully. You 1nay consider whether other evidence

supports the identification, because then it may be more reliable.

However, you may use the identification testimony alone to

convict the defendant, as long as you believe the testimony and

you find that it proves beyond a reasonable doubt that the

defendant vvas the person who committed the crime.

19

26b