Stray Bullet Page #6

-Yes. -And as a Paterson

Police Department case number for the shooting event

that happened on April 1st, 2014,

involving the same gun, right?

-Yes. -Now, would it surprise you

to know that the person arrested and charged

by your department for using that gun,

his first name is Eli?

Are you familiar with that shooting case now?

-Yes. -It turns out your department

interviewed him in this case.

-[Matthew] True? -[Steven] Yes.

[Matthew] That was right after he got arrested

-for the other shooting, true? -Yes.

How long did that interview take?

I was actually not part of that interview,

that was two other detectives that spoke to him.

[Matthew] Would it surprise you to know

that the interview of Eli took six minutes?

I don't know, I wasn't there.

Would it surprise you to know that that interview

did not ask him about the Genesis case

other than to tell him that you had developed

information indicating that he was there?

You know that, right?

-Yes. -It's in your report.

-Yes. -The guy who used

the same gun that was used to kill Genesis

was there at the time of the shooting,

and that's why you brought him in?

-Yes. -You never asked him

about the same gun, did you?

-No. -No further questions.

-Thank you. -[Judge] All right, thank you.

[low chattering]

[needle buzzing]

[chattering]

[Alexis] I was a Marshae,

I was a Moore, I was an Ellerbee, I was.

I was.

I don't hate them.

They're kids.

They're kids. I was a kid, too.

I was that kid.

I was that kid that my family members would tell

their kids, "Don't hang with Alexis."

"Don't hang with Alexis.

Alexis is bad news."

I'm no different than these guys.

It's just that I had the right people,

-I had the right support. -[video game beeping]

My parole officer, Mr. Williams,

I violated at least twice,

and he said that he was not gonna lock me up

because I was a smart kid and he met my mom

and he said, "Your parents are good parents.

And they don't deserve that from you."

I would like to be a counselor.

Because if you can take one kid,

whether it be a kid that was born on East 19

in Paterson, named Alexis Rincon,

people know him as Chooser, or Choose One,

or that kid that lives on 10th Ave.

that goes by the name of Marshae Anthony.

Then you did something.

[woman] Raise your right hand, please.

You do solemnly swear

or affirm that your testimony you're about to give

in this case will be the truth,

the whole truth, and nothing but the truth?

-Yes. -Please state

your name for the record.

-Caurie Swinger. -You may proceed to the stand.

[Judge] You may proceed over here

to the witness stand.

Mr. Swinger, do you recall being in the city of Paterson

-on July 5th, 2014? -Yes.

[Paul] Do you recall being arrested at a house

in the city of Paterson on about that day?

-Yes. -Ultimately, the charges

you plead guilty to,

-were they possession of CVS? -Yes.

-Third degree? -Yes.

-And animal cruelty fourth degree?

-Yes.

Did you receive probation for this charge?

An agreement that you will be receiving probation?

-Yeah. -Did it require you

-to be here today to testify? -Yes.

[Paul] On July 5th, 2014, is this the point of view

-you would have had? -Yes.

I'll ask you to point to where you were,

using this picture.

He's indicating the back porch of Photo 3.

Did you notice a particular type of vehicle

that traveled down that got your attention?

-Yes. -And why did it

get your attention?

It was firing at it.

[Paul] Okay. They was firing at it?

-Yes. -Okay.

And what type of vehicle was this?

-White van. -[woman coughs]

-[Paul] White van? -[Caurie] Yes.

[Paul] How many people were firing at that van?

-Two. -Okay.

[Paul] Now do you see those people in court?

-Yes, with the braids. -[Paul] Okay.

[Judge] Identifying the defendant, Jhymiere Moore.

[Paul] What about the next person, the other person--

-Who was the other shooter? -Jeffry.

[Paul] What's Jeffry wearing,

or what does he look like today?

[Caurie] With the short haircut.

-What about the color of shirt? -[Caurie] Blue.

[Judge] Identifying the defendant, Jeffry Ellerbee.

[Paul] Can you describe what you saw?

One of them went in the street and started firing.

[Harley] I'm sorry, I can't hear him.

[Judge] One of them went in the street

-and started firing? -Yes.

[Judge] You said three of them

went in the streets?

No, no. I said they went in the middle of the street

-and started firing. -[Judge] They went in the middle

of the street and started firing, okay.

[Paul] You said Mr. Warrant Ellerbee was standing,

hand guns are passed off at that point.

The white van, did you see the white van?

-Yes. -Where's

the white van traveling?

[Caurie] Down Rosa Parks towards King.

[Paul] You said that Ellerbee and Moore,

-you said they had the guns? -Yes.

What were they doing with the guns?

[Caurie] Firing them.

[Paul] And you said they were in the street?

-Yes. -The van was in front of 'em?

-Yes. -The van was moving?

Yes.

[Paul] What was it they were running?

[Caurie] Running towards the van shooting.

Running towards the van shooting.

[Paul] "Running towards the van shooting."

Do you remember describing them to the police?

[Judge] Sir, I'm going to interrupt you for a second.

There's an issue I have to deal with.

We're going to take, there will be a very short break,

I have to address an issue that's come up.

[Judge] Do me a favor, put the phone

on top of the stand, please, all right?

All right. Can Council approach, please?

Just leave the phone there. Why don't you just

step outside, please?

Just leave the phone, leave the phone.

[people chattering]

[Judge] Someone is texting on the phone,

and I asked the witness now, and apparently it's him.

[Harley] Earlier in the trial, there was evidence

that came out that the gun used

to kill Genesis Rincon was used,

three months earlier to her killing,

in a shooting incident.

The person who used that gun was caught.

His name is Eli Hanes.

Today, the state's star witness, it's discovered

that he's texting while on the stand.

He texted someone saying, "Eli is here."

And the response came back, "What's Eli doing there?"

Which leads us to conclude only one thing.

Calvary Swinger testified today under the pressure

of pointing the finger at my client

because he knows that Eli Hanes is the true killer.

[Judge] We're going to recess at this time.

[Harley] Today, I would say we received what I like to call

a nugget, a golden nugget.

If I'm successful in using

and implementing that nugget,

then I'm hopeful that the jury will use

that bit of information in my favor--

in my client's favor--

when they deliberate as to whether or not my client

committed this crime.

[people chattering]

[Harley] All right, how we doing tonight, all right?

-[light cheering] -[woman] All right!

All right, I want to thank everybody for coming

to our annual St. Paddy's Day party.

[Harley] I have a charity, it's called Harley's Kids.

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