10 11 12 13 14 15 16 17 18 19 20 21 : 248 Davis four kids to live for, you know. And I just know that you guys, you know, will get to the bottom of this. I know that we'll see -- look at the procedures and we'll just try to get this past us and resolve this and do the right thing. JUROR: Really sorry for your loss. THE WITNESS: Thank you. I appreciate that. AUBREY CROSSLEY Was thereupon called as a witness on behalf of the State and, having been first duly sworn, was examined and testified as follows MR. REES: Please be seated. This is being recorded. We have a court reporter here. I'm going to ask you to speak up so she can hear you loud and clear. Sounds like that won't be problem. If you could state your name and spell it, please? THE WETNESS: Aubrey, A-U-B-R-E-Y, Crossley, C-R-O-S-S-L-E-Y BY MR. REES:: Q All right. And it looks -- unlike some of the other witnesses we called, you don't live at the Sandy Terrace Apartments. You were in the area to visit your sister? is that right? A Yes.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 249 Crossley Q And does she live at the Sandy Terrace Apartments? A Yes. She lives right -- yes, she does Q Okay. Right behind you, sir, if you want to look, feel free to stand up, there is an aerial photograph that shows the aree. and this is sandy Boulevard? A Uh-hum, Q This is the Sandy Terrace Apartments? A Uh-hum, Q This is another apartment complex that's called, I think, Darrin's Place? A ‘his is the gas station right here Q The 76? A My sister lives in the unit right here Q Can everyone see that, folks? JUROR: This is Darrin's Place? THE WITNESS: Yes. BY MR. REES: Can you see where Mr. Crossley is pointing? A She lives in this unit right here, second floor. My car was parked right here. I just pulled up. And everything was taped off when I got there. hen when I went inside, we were talking Usually I go to my sister's house once a week and have| | | | 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 Crossley Pee dinner. And I heard some shots. So then I ran back outside and went right over here. There was a truck, and I could see him with his right hand up and his hand was like -- he was rubbing his -- rubbing his left side of his back right here. Q And I think you said, but just so I'm clear, when you are seeing that, you are down on like the corner looking back; is that right? A Yeah. They had it taped off -- my car taped off well, actually, my car wasn't taped off, but they didn't want to have me move my car -- I don't know -~ for one reason. They had the whole street marked off from the gas station all the way to K-Mart. I heard the shots, ran back out. TI was standing behind the truck there. I could kind of see. It seemed like he was walking backwards, and, uhm, that was it after that. So then I ran back around towards here, and then the police were -- had some guns and they were right here. So then they taped off right in this area. So you could see when the SWAT Team was going in the house. Then they were saying he was laying right in the parking lot. Q All right. You can take a seat if you like.10 1 12 13 14 1s 16 18 19 20 21 22 23 24 25 251 Crossley Could you hear the police saying anything when you saw this man walking backwards in the parking lot? A No, not really because I was kind of far back towards the main street, Sandy Boulevard. Q And how many shots do you think you heard? A Uhm, when I was in the house, wow, at least at least a couple. At least one or two. My sister —— I heard shots. I was, "Well, you hear shots?" I run outside, looked around, and I seen -~ when I seen him kinds of backing up a little bit. I went back to her complex. ‘Then I looked around, and then the police had came up. They didn't have it taped off at the time So then I was looking. Then I see the SWAT Team go in there. I thought he was in the house, in the apartment. I didn't know until later on. They said, "on, he was laying on the ground outside." So everybody in that apartment complex behind this area were chained up at, they could see everything that was happening at the time. Because when the SWAT Team went in the apartment, they went in this apartment to the right at the time, so -- Q In the report by Detective Dram, who is the Detective, I guess, who interviewed you, it said you heard police officers yell something to the effect of -- "put your hands up." Did you actually hear those10 qi. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 252 Crossley words or you heard them yelling something? A You could hear them yelling something, something like, "Back up." You couldn't tell, you know, with everything taped off and you have the police and everything there. Q Could you hear this gentleman saying anything back to the police? A No, uh-uh. Could you see what the reaction was from this gentleman after -- I guess, after the shots? You said that you could see him running? A No Q Or you tell me. A It was dark at that time. So a lot of people were -- there was a lot of moving action and everything. So, basically, when he had his hands up like this, it seemed like he was either moving forward a little bit or backwards, but at the time I guess they were trying to get him under control, you know, telling him, you know, "Be still" or whatever. So Q What I'm asking is, if you saw this, how he was moving. In the report it says you said his hands were pumping in a running fashion; is that right? A Yeah. He was moving forward. It looked like he was kind of in a position moving forward. So -- I10 1 12 13 14 1s a7 18 19 20 2. 22 23 24 25 Crossley a was way back towards Sandy Boulevard. JUROR: So he was moving away from you? THE WITNESS: No. I'm on Sandy behind a truck, and he's farther up. He's about a quarter of a mile in the center of the parking lot. JUROR: All right. THE WITNESS: So all the movement around and everything, it just was so dark you couldn't really tell. JUROR: Thank you. MR. REES: Are there any other questions from the Grand Jury? JUROR: Just to clarify for me, so you were in the apartment when you heard the shots? THE WITNESS: Uh~hum. JUROR: And then you were able to run out, I guess, around that top part of the complex. So you were at almost the end of that drive to be able to see? THE WITNESS: Well, as soon as I heard the shot, I ran all the way straight downstairs, and T ran towards the front of the parking unit. They had it taped off, but they didn't have the truck -- I was behind the taped off. JUROR: About how long would you say it| | 10 1. 12 13 14 as 16 7 18 19 20 2. 22 23 24 25 Crossley took you to get there? THE WITNESS: Not even a minute, not even 20, 30 seconds. JUROR: So even after the shots, he was still standing? THE WITNESS: Yes, he was. JUROR: Okay. That was the time sequence. Okay. THE WITNESS: Yeah. MR. REES: Anything else? Did you have anything? I know you missed, but do you have any questions? MR. BANFIELD: No. That's all right. Thanks. MR. REES: Is there anything you think is important for us to know, or is that pretty much it? THE WETNESS: Tnat's about it. MR. REES: All right. Thank you very much. JUROR: I'm going to take a short break. (Brief Recess was taken.)