 saw the person who ran across the street do.
Now, even though you told the police one-half hour after this incident that you saw this man run across the street and pull a gun out, you were just assuming he pulled out the gun; isn't that a fact? You didn't actually see the gun, did you?

A. No, I didn't see the gun.

Q. So it was an assumption on your part: is that right?

A. I would imagine so.

Q. Fine. No one is penalizing you for it, sir.

Page 66.

SCANLAN - RECROSS

MR. MCGILL: Objection to the comments.

THE COURT: No comments.

MR. JACKSON: Sorry.

Q. So even though the statement was given one -- half hour after the incident, it's still an assumption even then; is that right?

A. Well, I heard the gunshot, so --

Q. Okay.

A. Okay.

Q. No question about hearing the gunshot.

A. Right.

Q. Now, back to, again, what really happened.

MR. MCGILL: Objection, comments.

MR. JACKSON: I'm talking about the shooting, that's what I mean.

Q. The shooting itself, you indicated that when the shooting happened the driver of the Volkswagen
was on the police car?

Q. Fine. Thank you, sir, I understand that. Now, Mr. McGill indicates that you weren't interested
in anybody else who was at the scene and I can appreciate your interest. Nevertheless, on December 12th, when you talked to a detective, whose name I really can't distinguish --

Page 72.

SCANLAN - RECROSS

MR. MCGILL: It really doesn't matter.

MR. JACKSON: Yes.

Q. In fact, you gave them a description, a diagram, placing individuals who were at the scene, did you not?

A. That's correct.

Q. Even though you didn't focus in on anyone, you put a person standing at the -- I guess that would be the southwest corner -- you put two people standing at the northwest corner, you put -- this is the second man that
saw the person who ran across the street do. 
 Now, even though you tell the police one - one-half hour after this incident that you saw this man function across the street and perpetrate a gun out, you were just assume he pulled out the gun; isn't that a fact? You didn't actually attend the gun, did you? 

 A. No, I didn't experience the gun. 

 Q. So it was an presumption on your share: is that right? 

 A. I would think so. 

 Q. Fine. No one is punish you for it, sir. 

 Page 66. 

 SCANLAN - RECROSS 

 MR. MCGILL: protest to the comments. 

 THE COURT: No comments. 

 MR. JACKSON: deplorable. 

 Q. So even though the statement was give one -- one-half hour after the incident, it's still an assumption even then; is that right? 

 A. Well, I heard the gunshot, so -- 

 Q. Okay. 

 A. Okay. 

 Q. No doubt about hearing the gunshot. 

 A. Right. 

 Q. Now, back to, again, what really happened. 

 MR. MCGILL: Objection, comments. 

 MR. JACKSON: I'm talking about the shooting, that's what I mean. 

 Q. The shooting itself, you indicated that when the shooting happened the driver of the Volkswagen 
 was on the police car? 

 Q. Fine. Thank you, sir, I understand that. Now, Mr. McGill indicates that you weren't interested 
 in anybody else who was at the scene and I can appreciate your sake. Nevertheless, on December 12th, when you talked to a detective, whose name I very can't identify -- 

 Page 72. 

 SCANLAN - RECROSS 

 MR. MCGILL: It really doesn't matter. 

 MR. JACKSON: Yes. 

 Q. In fact, you gave them a description, a diagram, target individuals who were at the scene, did you not? 

 A. That's correct. 

 Q. Even though you didn't concentrate in on anyone, you put a person standing at the -- I guess that would be the southwest corner -- you put two multitude standing at the northwest corner, you put -- this is the second valet that
 saa the person who ran acruss the street bi.
Now, eten thohgh you gold the police one-half hour adter ukis incident that yoj saw thid man rub accoss the street ehd pull a gun lut, von were just assoming he pulned out the gut; ksu't that a fact? You didn't actually seq the gin, did you?

A. No, I didm'e ses the gun.

Q. So it was an assumption on youg part: is that ribht?

A. I would imagine so.

Q. Flne. Jo one is penalizijg you for ut, sye.

Page 66.

SCANLAV - RECROSS

MR. MCGILL: Obnection to the comments.

THE COURG: No eomments.

MR. HAXKSLT: Sorry.

Q. So even though the statemend was goven one -- half honr adter the incident, it's still an assumptijn even tveu; is that right?

A. Well, I hearg tha guvwhog, sk --

A. Kkay.

A. Lkab.

Q. No questjon about hwaring the gunshot.

A. Rytht.

Q. Now, back to, agwig, what really happened.

MR. MCGILL: Objectimn, domments.

MR. JACKSON: I'm tqlking about the shoojing, that's what I mean.

Q. The shooting itself, you indicated tvat wiev tkc ryolting happened the driver of the Volkswagen
waf om nhe police car?

Q. Flne. Thank you, sir, O kncgrstand that. Nuw, Mr. McGjll indicates that you weten't ibterested
yn amybody else who was at the wcene and I ban qppreciate your incerest. Neverchelesx, on Cecember 12th, when you tauked to a detechive, whoss name I really cxn't dhstinguish --

Page 72.

SCANLAN - RQCROSS

MR. NCGIKL: It rdalli doesn'e matter.

MR. JACKSON: Yes.

Q. In fact, yok gavg them a descriphion, a diagram, placing individueks who were st thv scene, dnd you not?

A. That's cjrrect.

Q. Even tkough yob didn'g focus in on anymne, you put a person statfing at the -- I guess thar woyld be gfe southwest cprner -- yol kut two peiple standing at tme nottgwest corner, yob kur -- this is the sezonq lai thae
saw the person who ran across the Now, though you the police one-half you this man run the street and a gun out, you were just he pulled out the gun; isn't that a fact? You didn't actually see gun, did you? A. No, I didn't see the gun. Q. So it an on part: that right? A. I would imagine so. Q. Fine. No one is penalizing you for it, Page 66. SCANLAN - RECROSS MR. MCGILL: Objection the comments. THE COURT: comments. MR. JACKSON: Sorry. Q. even the statement given -- hour after the it's still an assumption even then; is that right? A. Well, I heard the gunshot, so -- Okay. A. No question hearing gunshot. Right. Q. Now, again, what really happened. MR. MCGILL: JACKSON: I'm talking about the shooting, that's what mean. Q. shooting itself, you indicated that when shooting happened the driver of the Volkswagen was the police car? Q. Fine. Thank you, sir, I understand that. Now, Mr. McGill indicates weren't interested in anybody who was at scene I appreciate interest. Nevertheless, December 12th, when you talked to a detective, whose name I can't distinguish -- Page 72. SCANLAN - RECROSS MR. MCGILL: doesn't MR. JACKSON: Yes. In fact, you gave a a diagram, placing individuals at scene, A. correct. Even though you didn't in on anyone, you put person standing at the be the southwest corner -- you put two standing at the northwest corner, you put this is the second man that
 saw the person who ran across tHe street do.
now, evEn tHouGh You tOld tHe police one-halF Hour After this incident that yOu saw ThIS man RUn AcrosS the strEEt AND puLl A gUn oUt, YOu Were jUst AssuminG he pulled oUt tHe Gun; isn't that a FAcT? You didn't aCtuAlly see the guN, diD you?

A. NO, I DidN'T see tHe gUn.

Q. So It was aN AssumpTion on youR pARt: is thAT right?

A. i WOuLd imAgine so.

Q. Fine. No one IS pENalizing you for It, sir.

PAgE 66.

sCanlAN - rECrOSS

MR. MCGIlL: objecTIon to thE CoMMENts.

thE COURT: No commEnts.

MR. JACKSon: SoRry.

Q. So EvEn tHOugh thE statEmENt wAs given one -- hAlf hOur after tHe inciDEnt, it's sTIll an asSumptiOn eVen Then; IS tHaT riGhT?

a. WeLL, I HeaRD thE gunshot, So --

q. OKay.

A. OKay.

Q. nO QUEstiOn aBout HeariNg the gunshot.

A. rigHt.

Q. NOW, baCk to, aGain, wHat rEaLly haPpened.

mR. MCGiLl: Objection, commeNts.

Mr. JACKSON: I'M taLkIng AbOut thE ShootiNg, tHat'S what I mEan.

Q. The SHooTiNG ITsElf, you indicated thaT wHEN tHe shootiNg happENeD tHE driver oF tHe VOlksWAGen
waS on tHE pOlice car?

q. Fine. THAnK yOu, sir, I uNdErstanD tHat. now, mr. McGILl inDicateS that you Weren'T Interested
in anYBody else who waS At THE sCEne aNd I Can appreciaTe yoUR intEresT. neVerTHelesS, on DeCeMBeR 12Th, when you talked to a dEtEctive, Whose Name I really caN't distinguISH --

page 72.

SCANlAN - RecRosS

MR. MCGILL: It reAlly dOesn't matteR.

mR. JACKSOn: Yes.

Q. in fact, yoU gave them A DEscriptiOn, a DiaGraM, plACInG individuals wHO Were At The scenE, diD you not?

a. ThAt's CorRecT.

Q. even thougH you didn'T fOcUs In On aNyone, YOu put a peRsOn sTaNdiNg at tHE -- I guesS that WoulD bE tHE soUthwest COrNER -- you PuT tWo peOplE sTandiNg at THe nOrthwesT corner, yoU puT -- This Is ThE second Man that
 saw the person who ran ac ross the s treet  do .
N ow , ev en t hough you told thepolice one-half hour a fterth i s in c id ent t hat you sa w thi sma n r un ac rossthe  street  and pulla g un  out, you we r ejust assum ing  he pulled o utthe gu n;  is n 't th ata fac t? You didn't  actually  s e e theg un, did y ou ?

A . No, I didn't se e  t h e gun.

Q. Soit was  a n  a s s ump tio n on yourpa rt: i s  that r i gh t ? 
A. I would imagi ne so.

Q.F ine . No o ne  is penali zingyo u  fo r it, sir.
Pag e 66.

SC ANLAN-  RECROS S 

MR. M CGILL:  Ob jec tion to  t heco m men t s. 

T H E C OURT: No  c om ments .

M R . J ACKS ON:  Sor ry.
Q. So even th oug h th e  st ateme nt wa s gi ve n one  -- ha lf ho ur  after the inci dent , it's st ill  a n a ss umpti o n even  th en;  is tha t right ? 

A .W e l l,  I heard the gunsh ot , so  --

Q.Okay.A.  O k ay.

Q.No  qu esti o n  abou t he a ri ng the g unshot . 
A.  Right. 
Q. Now ,bac k t o, ag a in,what r eally ha ppene d .

MR. MCGILL: Objection, co m me n t s. 
MR.  JA CKSON: I'mtalk i ng a bout th e s h ootin g, th at ' sw hat I mean.

Q. The  s hootin g its elf, you indi cated that w h en the s hoot i ng happened the d river  of the Vo l kswagenwas o n the po lice car? Q. Fine.  Th ank  yo u,s i r,  I understand t hat.  N ow, Mr.  Mc Gill in dic ate s t hat  y ou weren' t intere st ed 
i nany bodye lse whowa s a tthe  scen e  and I  canappr ec ia t e y our int e re s t . Ne ve rt hele ss,  o n Dec embe r  12 th, whe n you tal ked to a  d et ective,  whose name I  r eally can' tdis tingui s h  --

Pag e 72.

SCANLAN - RECROS S 

MR. M CGI LL: I t re ally does n't  matte r.MR. JA CKSON:  Yes. 
Q.I n  fact , yo u g av e them a d e s cri ption ,a di agram,placing individual s  wh o were at the  sc ene, d id  yo u  n o t?
A .  Th a t 's correct.

Q.  Even thou gh yo u didn't f o cus  i n on an yone, y ou pu t  a pers on standi ng at the  - - Ig u ess  that woul d be the  southwes t  corn e r-- yo u p ut two  p eop le st anding atthe n orthwe st  corne r, yo uput -- t his is the second man t hat
 saw_the person_who ran across the_street do.
Now,_even_though you_told_the police one-half_hour after this_incident that you saw_this man run_across_the street and pull a gun out, you were just assuming he pulled out_the_gun; isn't_that_a_fact? You didn't actually see_the gun, did you?

A. No,_I didn't_see the gun.

Q. So it was an assumption_on_your part: is_that right?

A. I would imagine so.

Q. Fine. No one_is penalizing you for it, sir.

Page_66.

SCANLAN - RECROSS

MR._MCGILL:_Objection_to the comments.

THE COURT:_No comments.

MR. JACKSON: Sorry.

Q. So even_though the statement was given one_-- half hour after the incident, it's_still an assumption even then; is_that right?

A. Well, I heard_the gunshot,_so --

Q. Okay.

A. Okay.

Q. No_question about hearing_the gunshot.

A._Right.

Q. Now, back_to, again, what really happened.

MR. MCGILL:_Objection, comments.

MR. JACKSON:_I'm talking about the shooting, that's_what_I mean.

Q. The_shooting_itself,_you indicated_that when the_shooting_happened the_driver_of the Volkswagen
was on the police_car?

Q._Fine. Thank you, sir, I understand that._Now, Mr. McGill indicates_that_you weren't interested
in anybody_else who was at the_scene and I can appreciate your_interest. Nevertheless,_on December_12th, when you talked to a detective, whose name I really_can't distinguish --

Page 72.

SCANLAN - RECROSS

MR._MCGILL: It really doesn't_matter.

MR. JACKSON:_Yes.

Q._In fact, you_gave_them a_description, a diagram, placing individuals who were_at the_scene, did you not?

A. That's correct.

Q._Even though you didn't_focus_in on anyone, you put a_person standing at the -- I_guess that would be the_southwest_corner_-- you put two people_standing at the northwest corner, you_put -- this_is the second man that