1 1
VIRGINIA:
IN THE GENERAL DISTRICT COURT FOR THE CITY OF CHARLOTTESVILLE
2 3 4
COMMONWEALTH OF VIRGINIA,
5 6
Plaintiff, v.
7 8 9
JAMES ALEX FIELDS, Defendant.
10 11 12 13 14 15 16
COURT PROCEEDING
17
Taken on
18
December 14, 2017
19 20 21 22 23 24 25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
2 1
APPEARANCES:
2
Nina-Alicia Antony, Esq. Joseph Platania, Esq. P. O. Box 911 Charlottesville, VA 22902 Attorney for Commonwealth
3 4
Denise Lunsford, Esq. 414 E. Market Stret Charlottesville, VA 22902 Attorney for Defendant
5
John Hill, Esq. 404 S. Wayne Street Waynesboro, VA 22908 Attorney for Defendant
6 7 8
BEFORE:
The Honorable Robert H. Downer, Jr.
9 10 11
WITNESSES
12
WITNESS – Commonwealth
13
Detective Steven Young
DIRECT 5
CROSS 33
14 15 16 17 18 19 20 21 22 23 24 25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
REDIRECT
RECROSS
3 1
December 14, 2017
2 3
THE COURT:
So now, we have the case of James
4
Alex Fields and represented by Ms. Lunsford and are you---
5
does Mr. Fields want the charges read?
6
fore me that has been submitted by the Commonwealth to
7
amend one of the charges.
8
motion, Ms. Lunsford?
9
MS. LUNSFORD:
I have a motion be-
Have you been made aware of that
I have, Your Honor, and we’re ob-
10
viously not happy about it, but we have no legal basis to
11
object to---
12
THE COURT:
13
MS. LUNSFORD:
14
THE COURT:
15
MR. PLATANIA:
All right. ---the motion.
So, the motion, Mr. Platania? Judge, the pleading speaks for it-
16
self, but it was just filed today with Your Honor and hand
17
delivered to Ms. Lunsford.
18
cond degree warrant to charge 1 degree murder and the mo-
19
tion contains the language to be used and the VCC code.
st
20
THE COURT:
21
MR. PLATANIA:
22 23 24
It is a motion to amend the se-
All right. It’s the same statutory code secsec-
tion, 18.2-32. THE COURT:
So, I’m going to make the amendment
requested in the motion and to the VCC code that is appro-
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
4 1
priate for it.
2
read---
Does Mr. Fields want the remaining charges
3
MS. LUNSFORD:
4
THE COURT:
5
preliminary hearing?
---Ms. Lunsford?
6
MS. LUNSFORD:
7
THE COURT:
8
MS. LUNSFORD:
9
No, sir. Are you ready for
Yes, sir.
All right. On there also that Mr. Hill is
here on behalf of Mr. Fields.
10
THE COURT:
11
MR. HILL:
12
THE COURT:
Yes, and welcome Mr. Hill. Thank you, Judge. That’s co-counsel co-counsel for Ms. Lunsford.
13
All right.
14
matter, please stand where you are and raise your right
15
hand?
16
pate making any kind of opening statement, Ms. Lunsford---
Is everyone who is going to testify in this
(Witness sworn at this time).
17
MS. LUNSFORD:
18
THE COURT:
19
to be excluded? MS. LUNSFORD:
21
MS. ANTONY:
23 24
No, sir.
---for which the witness would need
20
22
Is---do you antici-
No, sir. And no opening on behalf of the Com-
monwealth. THE COURT: your first witness.
All right, okay, then you may call Come on up and take the---
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
5 1 2
MS. ANTONY:
Your Honor, the Commonwealth would
call Detective Steve Young.
3
THE COURT:
All right, you’ve been previously
4
sworn, Detective Young.
5
questions, please.
Please answer the Commonwealth’s
6 7 8
DETECTIVE STEVEN YOUNG, having been so duly sworn,
testified as follows:
9 10 11
DIRECT EXAMINATION By:
Ms. Antony
12
Q
Detective, the boxes in front of you all as-
13
sist with the court reporter being able to hear so if you
14
can just remember to keep your voice up and speak loudly
15
and distinctly and direct all your answers to Judge Downer.
16
A
Yes, ma’am.
17
Q
Could you please introduce yourself to the
18
court and spell your first and last name for the court re-
19
porter?
20
A
I’m Detective Steven Young. S-t-e-v-e-n S-t-e-v-e-n Y-o-u-
22
Q
How are you employed, Detective Young?
23
A
I’m a police officer with the Charlottesville
21
24
n-g.
Police Department.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
6 1 2
Q
How long have you been with the Char-
lottesville Police Department?
3
A
Seven years.
4
Q
What’s your current role and assignment within
5
that department?
6
A
I’m an investigator.
7
Q
And how long have you been with the investiga-
8
tions division?
9
A
February will be three years.
10
Q
Prior to that were you a routine patrol of-
12
A
Yes.
13
Q
I’m going to direct your attention to August
11
ficer?
th
14
12 of 2017, were you working in your capacity as a detec-
15
tive with the Charlottesville Police Department on that
16
date?
17
A
Yes.
18
Q
What were the---was there an event that was
19
occurring here in the City of Charlottesville that day?
20
A
Yes, it was the Unite the Right Rally.
21
Q
Just very briefly what was that actually?
22
A
The Unite the Right event was a rally.
It was
23
organized by members of the far right political spectrum.
24
It was a protest to oppose the removal of the General Lee
25
statue from Emancipation Park. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
7 1 2
Q
Was there an expectation that large crowds
might be drawn to the---the event?
3
A
Yes, we got our---lots of intelligence that
4
estimated that there would be thousands from---from each
5
side, left side and the right side of the political spect--
6
-the political spectrum as well as members of the media and
7
several onlookers.
8 9
Q
Based on that, was the investigations division
assigned to a particular roll or post throughout the day?
10
A
Yes.
11
Q
And what was that roll or post?
12
A
So our roll in investigations was to be on
13
standby.
14
Police Department at 606 East Market Street.
15
rected to be ready to investigate any potential crime that
16
would require more deliberate investigation, such as a hom-
17
icide, shooting, stabbing, aggravated assault, etcetera.
18
We were going to be based at the Charlottesville
Q
We were di-
At some point throughout the day did you hear
19
radio traffic for an incident that had occurred here in the
20
City of Charlottesville at approximately 4 Street and Wa-
21
ter Street?
22
A
Yes.
23
Q
What were you able to hear just for purposes
24
th
with what you did next?
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
8 1
A
So, the time I heard radio traffic, I was ac-
2
tually on foot at Emancipation Park.
3
claim that many people were reporting that a vehicle struck
4
a large crowd of people and that the vehicle fled the scene.
5
I heard an officer, who I recognized to be Charlottesville
6
Sheriff’s deputy get on the radio and relay that he was in
7
pursuit of the suspect vehicle towards Monticello Avenue.
I heard an officer
8
Q
Who was that officer?
9
A
It was Sheriff Deputy Paul Critzer.
10
Q
Do you recall the time that this radio traffic
11
was being related to you?
12
A
Approximately 1:40 p.m.
13
Q
After you heard the radio communications, what
14
actions did you personally take?
15
A
Like I said, I was on foot in Emancipation
16
Park.
17
a van very quickly, made our way towards Monticello Avenue.
18
As we were en route to Monticello Avenue, we heard Sheriff-
19
--Sheriff Deputy Critzer claim that or he said that the ve-
20
hicle had stopped at the intersection of Monticello Avenue
21
and Blenheim Avenue.
I heard it.
Myself and three other officers got in
22
Q
Did you respond to that location?
23
A
Yes.
24
Q
Walk us through your observations of the scene
25
as you arrived at Monticello and Blenheim Avenue. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
9 1
A
When I first got there, I stepped out of the
2
van. I saw a white male on the ground.
3
Deputy Critzer was standing next to him, guarding him.
4
also saw a silver Dodge Challenger next to both Deputy
5
Critzer and the white male on the ground, later identified
6
as James Fields.
7
to the Dodge Challenger.
8
two significant holes in the rear window.
9
what appeared to blood and flesh on the front of the vehi-
10 11 12
I
I saw, there was heavy front end damage The hood was bent.
There were
There was also,
cle and the windshield and the windshield was shattered. Q
Your Honor, approaching the witness what I---
with what I’d shown to defense counsel as PH2A through D.
13
MR. PLATANIA:
14
Q
15
BAILIFF:
16
THE COURT:
17
Q
18
He was in handcuffs.
Ms. Antony, A through---
A through D, as in dinosaur. Quiet in the courtroom. Quiet in the courtroom.
If you’ll take a look at Commonwealth’s PH2A
through D, do you recognize those photographs, Detective?
19
A
Yes.
20
Q
And what are those pictures depict?
21
A
These pictures depict the---the state of the
22 23 24 25
Dodge Challenger when I arrived on scene. Q
Do they fairly and accurately represent the th
vehicle that you saw on August 12 , 2017? A
Yes. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
10 1
Q
2
THE COURT:
3
Move to admit PH2A through D. Any objection for the purposes of
this hearing, Ms. Lunsford?
4
MS. LUNDSFORD:
5
Q
6
THE COURT:
7
Q
No, sir.
Permission to publish those. All right, will be received.
Will you pass these up to the Judge?
Detec-
8
tive Young, don’t you have a laser pointer on that desk so desk so
9
it helps.
10 11
up PH2A.
Can you describe what we’re looking at?
I put
What is this in PH2A? A
So to orient the court, this is Monticello Av-
12
enue right here and just out of view is Blenheim Avenue.
13
This is a---a 2010 Dodge Challenger.
14
when I first arrived on scene.
15
heavy frontend damage.
16
was cracked and there was---there was speckles of blood on
17
the hood in the front as well as the windshield and there
18
was also fleshy material right here on the windshield.
19
showing you what’s been admitted as PH number 2D.
20
walk us through 2D?
This is what I saw
As you can see, there is
The hood was bent, the windshield
I’m
Can you
21
A
I’m sorry?
22
Q
Could Could you walk us through what we’re looking
23
at in PH2B?
24
A
25
This is the front view of the same Dodge Chal-
lenger that I spoke of.
As you can see the windshield is
LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
11 1
shattered and heavy frontend damage and the bumper is also
2
hanging off.
3 4
Q
Detective young, there is something right up
here that’s on the windshield, do you know what that is?
5
A
That’s a water bottle.
6
Q
Showing you Commonwealth’s Exhibit PH3 or exex-
7
cuse me 2C.
8
A
9
spoke of.
What is depicted here? That’s the same 2010 Dodge Challenger that I This is the rear of the vehicle.
As you can see,
10
there’s--there’s---there’s there’s a hole right here in the rear---the rear---the rear
11
window.
12
hole on the other side of the rear window and this blue ob-
13
ject right here, is a pair of sun glasses.
You can, kind of, see the other---there’s other---there’s another
14
Q
Showing you PH2D.
15
A
This is the same 2010 Dodge Challenger that I
Could you describe that?
16
spoke of.
17
window as well as the Ohio registration.
18
You can clearly see the two holes in the rear
Q
Now, we’ll get into sources of information a
19
little bit later but did you come, during the course of
20
your investigation, to understand the timeline for when the
21
damage that we’re looking at in 2D may have occurred to the
22
vehicle?
23
A
Yes.
24
Q
And what was that?
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
12 1
A
Shortly before we heard the relay, the traffic
2
on the radio, it took us about two minutes to get from
3
Emancipation Park to the Monticello Ave and Blenheim Avenue.
4
So it was a very short time period.
5
Q
I’m sorry, and in terms of specifically the
6
dam---when this damage---did you understand the timeline
7
for when this damage happened---
8
A
Yes.
9
Q
---in the course of the crash?
10
A
Yes, the---the two holes---the two holes that
11
you could see in the rear window were made after the ini-
12
tial crash.
13
vehicle crashing into the crowd.
14
these two holes were made as the vehicle was backing up af-
15
ter the initial crash.
16
Q
We---we were told of several reports of the We later confirmed that
You indicated there was an individual on the
17
ground.
18
able to identify as James Fields, Jr. in the court today?
Do you see the individual that you said you were
19
A
Yes, yes.
20
Q
And can you point him out, please?
21
A
Right there.
22
Q
May the record reflect, he’s identified the
23 24
defendant? THE COURT:
The record will so reflect.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
13 1
Q
Starting from the day of the incident, did you th
2
start to investigate the events that occurred on 4 Street
3
involving Mr. Fields?
4
A
Yes.
5
Q
And were---are you familiar with the term case
7
A
Yes.
8
Q
What is a case agent?
9
A
Case agent is a---what makes me is, essential-
6
agent?
10
ly, if you’re assigned a case, you’re the primary agent of
11
that---that case and you---you direct all investigation.
12
Q
Did you assist in that capacity or in that---
13
in a similar capacity for the case with the Charlottesville
14
Police Department?
15
A
Yes.
16
Q
What were the sources of information that you
17 18
started to pull together to aid in your investigation? A
There were several sources.
From open source
19
videos, i.e., FaceBook, YouTube, as well as private busi-
20
ness surveillance camera footage.
21
eras and speaking to several victims and---and many wit-
22
nesses, both at the---at the intersection of 4 and Water,
23
as well as the intersection of 4 and Market Street during
24
the incident.
Officers body worn cam-
th
th
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
14 1
Q
Were you the only one assigned to this partic-
2
ular case or were there other individuals and agencies as-
3
sisting?
4
A
No, the general investigations bureau, we---
5
several of us worked together on this case as well as the
6
Virginia State Police and several federal---federal agen-
7
cies.
8 9
Q
You mentioned that you started collecting in-
formation, including information about individuals who were th
10
injured in this incident.
11
where this occurred, is that here in the City of Char-
12
lottesville?
The location of 4 and Water,
13
A
Yes.
14
Q
Did you---did you come to understand that
15
there was a large group of individuals who had injuries of
16
varying degrees?
17
A
Yes.
18
Q
What were the extent of the injuries and the
19
number of victims that you were able to, at this point---
20
A
At this point?
21
Q
---identify?
22
A
At this point, thirty-six (36) victims have
23
come to be known by law enforcement, victims with injuries
24
due to Mr. Fields crashing into a large crowd.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
15 1 2
Q
And was there---when you say victim---injuries,
were there a range of injuries, including a fatality?
3
A
Yes.
4
Q
And who was---and make sure you just keep your
5
voice up.
I think we’re--we’re---
6
A
Sorry.
7
Q
---having a little bit of trouble hearing you.
8
A
Sorry.
9
Q
You’re trailing off a little bit.
10
A
Yes, like I said, I was notified of several
11 12
victims and one fatality, Heather Heyer. Q
Your Honor, at this time we would admit, with-
13
out objection, PH number 1, which is the autopsy report of
14
Heather Heyer.
15
stand there’s no objection to its admissibility for purpospurpos-
16
es of this hearing only.
I’ve spoken with defense counsel, I underunder-
17
MS. LUNSFORD:
18
THE COURT:
19
MS. LUNSFORD:
20
THE COURT:
21
Q
That’s correct, Judge.
Is that so, Ms. Lunsford? Yes, sir.
All right, it will be received.
Detective Young, when you said that at this
22
time you are aware of at least thirty-six (36) individuals
23
who were injured---injured in the incident, does that in-
24
clude Ms. Heyer or exclude Ms. Heyer?
25
A
That includes her. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
16 1
Q
Includes her.
With regard to the other thir-
2
ty-five (35) individuals, what was done to assess the level
3
of injures?
4
A
We obtained medical records from the respec-
5
tive hospitals that they were brought to, both UVA and Mar-
6
tha Jefferson.
7
Q
Did members of Charlottesville Police Depart-
8
ment and other agencies attempt to get victim statements as
9
well?
10
A
Yes.
11
Q
And did that aid in your investigation in
12 13
piecing together the events of that day? A
Yes, I, along with other Charlottesville Po-
14
lice detectives, interviewed dozens of victims or dozens of
15
people, including victims and witnesses.
16
Q
Based on your investigation, at this time,
17
has---is it your understanding that eight felony charges
18
have been brought for eight specific victims?
19
A
Yes.
20
Q
Detective Young, I’m handing you what’s been
21
marked for identification purposes, a PH number 3.
22
PH number 3?
23
A
It’s a chart. th
What is
It’s a summary of the victim
24
injuries from August 12 .
25
summary of injuries with initials.
There’s--There’s---there’s there’s correlating correlating We didn’t put the full
LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
17 1
names of the victims.
2
them had significant injuries, significant permanent damage.
3
The top three, even more significant damage and more sig-
4
nificant injuries and are---are to this day, have mobility
5
issues and some are wheelchair bound.
6
Q
There’s eight all together.
All of
And the---the the---the list that you’re looking at, the
7
chart, is it fair to say that those represent only those
8
for which charges have, at this time, been placed?
9
A
Yes.
10
Q
Your Honor, at this time we would move to ad-
11 12
mit PH number 3.
I believe it’s without objection.
MS. LUNSFORD:
No objection, Your Honor.
I do
13
just want to make clear; there are eight victims that are
14
listed on that chart.
15
the now, 1 degree murder, that those are only the aggra-
16
vated malicious woundings and the malicious woundings.
17
That does not include the victim of
st
THE COURT:
Yes, ma’am.
Understand, and I will
18
match them up with the charges related to each of them.
19
Thank you.
20
Q
And, Your Honor, the Court has already said
21
this but will they correspond---the initials with the ini-
22
tials on warrants that the Court has in front of him for
23
purposes of this hearing.
24
THE COURT:
All right.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
18 1
Q
Detective Young, can you walk us through,
2
based on the witness statements and the victim interviews,
3
as well as any open source for video surveillance obtained
4
through the course of the investigation and your under-
5
standing of the incident was that occurred on August 12
6
2017?
th
7
A
Yes, Your Honor, as I stated, speaking to sev-
8
eral victims and witnesses and looking through hours of
9
footage from the incident on August 12 , I was able to con-
th
10
firm that much of what the witnesses and the victim’s testes-
11
timony was, it was accurate.
12
ly, in mid morning, there was an unlawful assembly that was
13
issued.
14
begin to disperse throughout the city.
15
protesters began to converge, later on in the afternoon,
16
around 1:20, on the downtown mall.
17
counter protestors grouped together right around the area
18
of 2 Street and West Water Street and began to walk as a
19
large crowd east on Water Street, towards 4 Street.
20
th
On August 12 during the ral-
Mainly---mainly the crowd within the downtown area Many of the counter
Several count---several
nd
th
Q
At this time, can you speak to the videos that
21
you observed, what the individuals in those groups were do-
22
ing and then were able to observe?
23
A
They were just marching.
It seemed to be a---
24
and this is confirmed through several witnesses, simply
25
marching east on Water Street in a celebratory mood. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
They
19 1
were---they were singing songs and there was a sense of---
2
of---sense of victory throughout the crowd.
3
Water Street, the crowd came to a halt.
4
bit of confusion as far as where they would go next.
5
one point, someone said, we always go left and many people
6
started chanting go left, go left.
7
just before this, a maroon van, a black pick-up truck and a
8
white ragtop sedan made their way south on 4 Street from
9
Market Street to Water Street.
th
At 4 and East
There’s a little At
At this time, just---
th
As the crowd converged
th
10
right there at 4 and Water, these vehicles were forced to
11
stop.
12
road, whereas the maroon van and the white ragtop sedan,
13
stayed at the intersection on 4 Street just north of Water
14
Street and they remained there for a few minutes.
15
The black pick-up truck parked on the side of the
th
Q
Detective Young, in terms of the route that
16
you were describing, were you able to observe or in the
17
course of your investigation, did you come to understand
18
there were multiple routes involved in the incident.
19
referred to some as counter protestors and then the alt-
20
right or Unit the Right, was there a particular side that
21
was represented represented in the group that you’re speaking of?
You
22
A
Yes, the group consisted of counter protestors.
23
Q
And when you speak about the vehicles that are
24 25
stopped, the maroon van and the ragtop Camry? A
Yes. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
20 1
Q
When the crowd was passing them, was there an-
2
ything happening to those vehicles based on actions by the
3
crowd?
4
A
No, there are zero reports of any sort of al-
5
tercations at all throughout that crowd while they were
6
slowly moving north on 4 Street.
th
7
Q
What happened next?
8
A
And again, speaking to, also independent wit-
9
nesses, there’s a lot of people that were out and about in
10
Charlottesville on the downtown mall that had no---they
11
were completely impartial politically, spoke---speaking to
12
a lot of them.
13
Water Street.
14
Dodge Challenger slowly drive from---on 4 Street from Mar-
15
ket Street towards Water Street at a slow pace.
16
point it was idling near the crossover on 4 Street and
17
this is confirmed through---through video.
18
spoke to actually commented that the Dodge Challenger was
19
an unfortunate driver is stopped here on the downtown mall
20
but good thing there’s there’s no one at the intersection of 4 and
21
Water and that the Dodge can simply back up and leave the
22
area and several---
23 24
th
They witnesses the crowd converge on 4 and Many witnesses I spoke to noticed a gray th
At one
th
One witness I
th
Q
th
So you---sorry to interrupt, you said 4 and th
Water, no one at the intersection of 4 and Water.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
21 1
A
th
I’m sorry, 4
and Market.
Several witnesses
2
claim and confirm through video that no one was at the in-
3
tersection near 4
4
no crowds whatsoever at 4 and Market, which is where the
5
Dodge Challenger came from.
6
lenger back up towards Market Street, thinking that the
7
Challenger would just simply get back onto Market and leave
8
the area.
9
tims describe the Dodge Challenger drive at a very high
th
and Market.
There were some people but
th
Many witnesses saw the Chal-
At approximately 1:40, many witnesses and vic-
th
10
rate of speed, south on 4 Street, striking many people and
11
striking the white ragtop sedan.
12
strikes the crowd, he backs up at a high rate of speed.
13
This is when people start to hit the back windshield of the
14
Dodge Challenger. Challenger.
15
tinues to back up at a high rate of speed.
16
-there’s significant front end---front end---front end damage at this
17
point as well as the two holes in the back---the rear win-
18
dow of his vehicle.
19
off from there.
20
Q
Right after he initially
This doesn’t stop Mr. Fields.
He concon-
His bumper is--
He backs onto Market Street and takes
In terms of the individuals within the crowd,
21
the initial individuals, the eight that are summarized in
22
the chart in Commonwealth’s Commonwealth’s Exhibit PH number 3, that fol-
23
lows Ms. Heyer, for all nine of those individuals, members
24
of the group that was struck by the vehicle?
25
A
Yes. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
22 1
Q
During the course of your investigation, did
2
you come to understand that there was a Virginia State Po-
3
lice helicopter that was surveilling the events of the day?
4
A
Yes.
5
Q
And did that video, was it provided to you in
6
the course of the investigation?
7
A
Yes.
8
Q
Did you review that?
9
A
Yes.
10
Q
And did you find any portions of it relevant
11
or illistered (sic), illistered (sic) the---excuse me,
12
that’s not a word.
13
you just testified?
Illustrated of the events that to which
14
A
Yes.
15
Q
I’m putting up on the screen, screen, Your Honor, Com-
16
monwealth’s Exhibit number PH number 4.
17
would move in without objection for purposes of this hear-
18
ing only.
19
THE COURT:
20
MS. LUNSFORD:
21
THE COURT:
22
Is that true, counsel? Yes, sir.
All right, it will be received for
the purposes of this hearing only.
23
(UNIDENTIFIED FEMALE):
24
THE COURT:
25
I understand we
May I move closer?
Certainly you may.
free to move about as well. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
Counsel can feel
23 1
Q
To make the record clear, this video does not
2
show a last time at the bottom, but there is a number here
3
at the top.
4
ber?
Detective Young, are you able to see that num-
5
A
Yes.
6
Q
What number is displayed at the top of that
7
screen on the left side?
8 9
A
I see 13:50 something.
Due to the background,
I can’t see--see---
10
Q
Is it 50:41?
11
A
Yes.
12
Q
And, Your Honor, for the record, we’re startstart-
13
ing at 13:50 and 41. Your Honor, can the Court see?
14
THE COURT:
15
Q
I can see fine.
Detective Young, I’m going going to start playing
16
this, first, without sound and then if you could just ex-
17
plain what we’re looking at?
18
A
Yeah, now I can orient the Court.
19
Q
Thank you.
20
A
th
This is Water Street and this if 4 Street SE.
21
This right here is the maroon van and to the left of that
22
is north.
23
say, here’s the crowd that walked from 2 Street and Water
24
east towards 4 and Water.
25
So, that’s north, east, south, west, west, and, like I nd
th
Q
Starting the video. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
24 1
(Playing video)
2 3 4
Q
What are we able to see as the video progress-
A
So, this is at the point where the crowd
es?
5 6
stopped and tried to figure out, amongst themselves, where
7
to go from here and this is confirmed through watching sev-
8
eral people’s cell phone footage that they, essentially,
9
gave the police department but again, it’s a celebratory
10
mood.
11
ple within the crowd and confirmed that it was a jovial
12
mood at this point.
13 14
I viewed several streaming videos of the crowd, peo-
Q
At some point are we able to see what you de-
scribe as individuals going left?
15
A
Yes.
16
Q
And it’s---when it’s---when you say they go left, which
17
street do they start going on? th
18
A
They turn north onto 4 Street SE.
19
Q
When that happens, does the Virginia State Po-
20
lice helicopter make any attempt to keep the group in view?
21
A
Yes.
22
Q
And how does it do that?
23
A
It---
24
Q
Describe what we will see.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
25 1
A
Yeah, you’ll see the helicopter pan out out and
2
then, I guess, move northeast from their position that you
3
see now and will hover directly over 4 Street.
th
4
Q
As it starts panning over, does this video
5
capture the moment of impact where the Challenger drives
6
into the crowd?
7
A
Yes.
8
Q
And is that at 13:52 and 59 seconds?
9
A
Yes.
If you---if you can pause it.
That’s
10
the maroon van that I spoke of and this is the white ragtop
11
sedan.
12
Q
Do you see the truck you mentioned?
13
A
Yes, that’s the black pick-up pick-up truck.
14
Q
What street are we oriented over at this time?
15
A
That’s the 100 block of 4
th
Street SE.
You
16
just saw the downtown mall and this is Water Street right
17
here.
18
Q
As it gets closer to fifty-nine (59) at this
19
back point or at forty-seven (47) seconds, where should we
20
be orienting ourselves to see the vehicle come into view?
21
A
Right here.
22
Q
Is this, for the record, you’re pointing to
23 24
the bottom right hand corner of the screen? A
Correct.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
26 1 2
Q
mention a marked vehicle.
3 4
A
And then they
Do you see that vehicle?
Yes, that’s the white vehicle right here and
this is Avon Street Street and that’s the Dodge Challenger.
5 6
Could you pan out the vehicle?
Q
The individual with the hands out the window,
is that the defendant, Mr. James Fields?
7
A
Yes.
8
Q
And who is this gentleman right here?
9
A
That’s Sheriff’s Deputy Critzer.
10
Q
Is Deputy Critzer with other people or by him-
11
self at this time?
12
A
He was by himself, but now he’s not.
13
Q
Are these other members of some police agency?
14
A
Yes.
15
Q
Do you know which police agency?
16
A
That’s University of Virginia Police DepartDepart-
Q
Now are they are getting Mr. Fields on the
17 18
ment.
19
ground at this time?
20
THE COURT:
21
Q
22
13:58 and 39 seconds.
Yes.
I’m stopping the video, for the record, at
23 24
(Stop video)
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
27 1
Q
Detective Young, in the course of your re-
2
sponse, how soon do you arrive on scene after what we just
3
observed on the video?
4
A
Approximately, a minute later, if that.
5
Q
I think I forgot to ask you, the time that I
6
just spoke about was 13:52 to 13:58.
7
derstand whether that was an accurate time reflected in the
8
video?
9 10
A
We were told it was approximately twelve (12)
minutes fast.
11 12
Did you come to un-
Q
When you arrived, do you help assist to place
Mr. Fields into custody?
13
A
Yes.
14
Q
And is he transfer at that time to Char-
15
lottesville Police and then to the magistrate---
16
magistrate’s complex?
17
A
Yes.
18
Q
Through the course of your investigation,
19
were---was part of your goal to find other information
20
about the path of Mr. Field’s Challenger that day on 5
21
Street?
th
22
A
Yes.
23
Q
And were you able to obtain video surveillance
24 25
from any surrounding businesses that helped with that? A
Yes. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
28 1
Q
What business, in particular, was relevant?
2
A
The Red Pump Kitchen, which is located at 401
3
East Main Street.
4
Q
Is that an Italian restaurant on the downtown
6
A
Yes.
7
Q
And in terms of when you’re thinking of the
5
mall?
8
downtown mall, Market Street versus Water Street, is that
9
restaurant closer to the Market Street side of things or
10
closer to Water Street?
11
A
It’s closer to the Market Street side.
12
Q
Your Honor, move to admit, for purposes of
13
this hearing only, I understand without objection, Common-
14
wealth’s Exhibit PH number 5, which which is video surveillance
15
from Red Pump Kitchen.
16
THE COURT:
17
MS. LUNSFORD:
18
THE COURT:
19 20
Any objection? No, sir.
All right, it will be received for
the purposes of this hearing only. Q
I apologize.
Every time I make the screen a
21
little bit bigger, it goes away so if the Court will in-
22
dulge me---
23
THE COURT:
Sure.
24 25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
29 1
Q
---I need to do this on the screen.
2
gize.
3
relevant in your investigation?
4
I apolo-
Was there a particular time that you found to be
A
Yes and again, we confirmed through the per-
5
sonnel at Red Pump Kitchen that this footage is off---it’s off---it’s
6
approximately thirteen (13) minutes fast, but if you fix
7
the time right around one---one---just before 1:40 it be-
8
comes relevant.
9 10
(Playing video)
11 12
Q
And in the video, would that be around 1:48?
13
A
Yes.
And---and again, just to orient, this th
14
is---this is---if you can pause it.
15
just south of here is the pedestrian mall and what you’re
16
seeing now is a camera affixed to Red Pump Kitchen, facing
17
the 100 block of 4 Street NE.
18 19
This is 4 Street NE,
th
Q
What is the first thing that appeared relevant
to your investigation that we can see from this camera?
20
A
The appearance of the maroon van.
21
Q
And what time does that happen?
22
A
At 1:48:40.
23
Q
And if you could point it out when it happens.
24
A
That’s the maroon van that I spoke of earlier.
25
Q
Where does this maroon van go, ultimately? LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
30 1
A
Right now it just went over the speed bump. th
2
The speed bump is right here and it traveled south on 4
3
Street and ended up at the intersection of 4 and Water.
4
th
Q
You spoke earlier of a black truck, do we see
5
the black truck coming down the street at some point in
6
this video as well?
7
A
Yes.
8
Q
And at what time does that happen?
9
A
1:51:55.
10
Q
At this time, the crowds that you spoke about
11
earlier, are they, for the most part, on Water Street and
12
converged there?
13
A
Yes.
14
Q
And does this fairly show the individuals who th
15
would have been in and around this area of 4 Street closer
16
to Market Street at this time?
17
A
Yes.
18
Q
From watching this video between 1:58:40 when
19
the van came into view and then when you get to 1:51:55,
20
are there any substantial movements that we’ll see between
21
this time and 1:51:55 of individuals or vehicles in the ar-
22
ea, blocking the intersection or anything else?
23
A
No.
24
Q
I just fast forwarded it to 1:51 and now 20
25
seconds just to speed up.
We’ll let it play from here,
LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
31 1
just continuously.
2
an additional three minutes.
It will be about, for the Court to know,
3
THE COURT:
4
A
There’s the black pick-up truck that I spoke
Q
The third---the third vehicle you spoke of,
5 6 7
All right.
of.
was that soft top Camry?
8
A
Yes.
9
Q
Do we see that on this video at some point?
10
A
Yes.
11
Q
And at what time does that come into view?
12
A
At 1:52:50.
13
Q
How soon after, does Mr. Fields Challenger
14
come into view?
15
A
Six seconds later.
16
Q
And from there I’ll just just have you narrate what
17
actions and what time does he come---
18
A
Okay.
19
Q
At any time does Mr. Fields stop or assist---
20
attempt to render aid or leave his name of any kind or be-
21
fore leaving the scene?
22
A
No.
That’s That’s the ragtop that I spoke of, the
23
Camry, and this is the silver Dodge Challenger that Fields
24
was driving.
25
Street onto the crossover and many witnesses said he then
th
And as you can see, he proceeds south on 4
LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
32 th
1
made his way to the 100 block of 4 Street SE, which is
2
where he stopped.
3
Q
About how long is Mr. Fields Challenger out of
5
A
Approximately, a minute and ten seconds.
6
Q
And during this time, had the vehicle struck
4
7
view?
the crowd yet?
8 9 10
A
No.
At this point, you’ve got many witnesses
testify that the Challenger began to back up, assuming that it would head back onto Market Street and leave the area.
11
THE COURT:
12
BAILIFF:
13
THE COURT:
14
A
All right, he needs to go out.
All
Your Honor, as you saw, that was the silver
Dodge Challenger that drove south at a high rate of speed.
17 18
Quiet in the courtroom.
of them.
15 16
Quiet in the courtroom.
THE COURT:
All right, once again, anybody else
who makes a sound like that, out you go.
19
Q
All right.
I’m pausing and starting again at 1:54:49 and
20
Detective Young, you said it left view at a high rate of
21
speed?
22
A
Yes.
At this point, many people began to ran-
23
--run after Mr. Fields, and at that point, encounter police
24
as they ran east towards the police department.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
33 1 2
Q
The events that we observed from the Red Pump
video, are all here in the City of Charlottesville as well?
3
A
Yes.
4
Q
As is the intersection of 4 and Water (inau-
5
th
dible) where Mr. Fields struck the pedestrians?
6
A
Yes.
7
Q
Detective Young, those are my only questions
8
at this time.
9 10
THE COURT:
Ms. Lunsford, cross---cross-
examination.
11 12 13 14
CROSS-EXAMINATION By:
Ms. Lunsford Q
Thank you, Judge.
Detective Young, as part of
15
your investigation, there were numerous search warrants
16
that were issued, correct?
17
A
Yes.
18
Q
Not all by you, but by various people who were
19
involved in the investigation?
20
A
Correct.
21
Q
There were search warrants for Mr. Field’s car
22
and for his phone?
23
A
Yes.
24
Q
And for some of his accounts on social media?
25
A
That’s correct. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
34 1 2
Q
And there was also a physical search that was
done of his car?
3
A
Yes.
4
Q
And you also looked at the download of his
5
phone once the search warrant was obtained and that was
6
downloaded, correct?
7
A
That’s correct.
8
Q
Okay.
9 10 11 12
Did you personally look at that or did
other---someone else look at it? A
I looked at---I obtained several search war-
rants and for each search warrant, I looked at evidence. Q
Okay.
So, as part of your investigation, one
13
of the things that you found was that during the course of
14
the rally, Mr. Fields had stood with an organization called
15
Vanguard America, correct?
16
A
That’s correct.
17
Q
And he---he was there in the park for some pe-
18 19
riod of time, right? A
The---the body worn camera footage that I
20
viewed showed Mr. Fields standing with Vanguard America or
21
members or people that were displaying, what I recognized
22
to be a Vanguard America paraphernalia.
23 24
Q
And so that’s a good point.
You didn’t know
whether all the people there were members of Vanguard Amer-
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
35 1
ica but they were standing in the area with him and dis-
2
playing some of the material---
3
A
Correct.
4
Q
---paraphernalia, if you will?
5
A
Yes.
6
Q
During all your searches of his computers, did
7
you---and phones and other accounts, did you find any indi-
8
cation to suggest he was a member of Vanguard America?
9
A
No.
10
Q
Did you find any information to suggest he was
11
a member of any of the groups that were there?
12
A
No.
13
Q
Did you find out---find any information to
14
suggest that he had communicated with members of those
15
groups prior to showing up in Charlottesville?
16
A
No.
17
Q
Did you find any indication to suggest that he
18 19 20 21 22
had coordinated with other groups or people to come here? A
No.
As of now, no and it’s still an ongoing
investigation. Q
Did you interview other people who were also
in the park near the Vanguard America people?
23
A
I personally did not.
24
Q
Did you know of others who did?
25
A
Yes. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
36 1
Q
And did they have contact with Mr. Fields?
2
A
The people that were interviewed, yes.
3
Q
Okay.
4
Were these people also that---that Mr.
Fields walked with from that park to McIntire Park?
5
A
Yes.
6
Q
And there were three of those people, right?
7
A
Correct.
8
Q
And I’m not going to ask you their their names---
9
A
Right.
10
Q
---but have you reviewed their statements?
11
A
Yes.
12
Q
And isn’t it fair to say that they were toto-
13
gether having conversation---well, first of all, that Mr.
14
Fields and these other three people that walked between
15
parks with him met by chance.
16
to meet up here?
They---they They---they didn’t preplan
17
A
Based on what I read, yes, that’s correct.
18
Q
Okay, and they were together for some period
19
of time before this incident that’s been depicted on videos,
20
right?
21
A
That’s correct.
22
Q
Or maybe up to an hour or more?
23
A
Approximately, yes.
24
Q
And he was described by one of those individu-
25
als as being quieter than some of the other individuals in LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
37 1
this, maybe four person, group, if you will, Mr. Fields and
2
the other three?
3 4
Yes, ma’am, ma’am, that’s that’s what one of of the reports in-
Q
And one of the reports indicated that he was
dicated.
5 6
A
not as extreme as---
7
A
Correct.
8
Q
---the others, correct?
9
A
Correct.
10
Q
And they didn’t see any weapons on him, corcor-
A
From what I could recall there’s no reports of
11
rect?
12 13
any weapons.
14 15
Q
And when you searched his car you didn’t find
any weapons either, right?
16
A
That’s correct.
17
Q
And when the---one of the persons that was in-
18
terviewed that had spent some time with him, described him
19
as significantly less radical than most of the people who
20
were there that day at the rally, correct?
21 22
A
Again, yeah, that’s what I read in the report,
that’s correct.
23
Q
Okay.
And they saw no signs of anger or vio-
24
lence on his part, during the time they spent with him, of
25
course? LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
38 1
A
Correct.
2
Q
How far was it, distance wise, if you know,
th
3
from 4 and Water, where this impact occurred, to the point
4
where he stops and has---you can hear the state police of-
5
ficer say he’s got his hands out the window?
6 7
A
th
You mean from---from 4 Street to Monticello
and Blenheim?
8
Q
Correct.
9
A
It’s approximately, a mile--mile---
10
Q
Okay.
11
A
---to a mile and a half.
12
Q
And it was about four minutes I think, from
13
the---on the VSP video, there was a point of impact at
14
13:52:59, roughly and then stopped with his hands out, and
15
this is my looking at the video, around 13:57, around four
16
minutes later, correct?
17
A
Correct.
18
Q
Okay, and you said you arrived---it took you
19
about two minutes after you got the call to get in the van
20
to where he was, right?
21
A
Give or take.
22
Q
And when you got there, you said he was on the
23
sidewalk next to the vehicle in handcuffs?
24
A
Yes.
25
Q
Did he say anything when you got there? LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
39 1
A
Yes.
2
Q
What’d he say?
3
A
He repeatedly said, I’m sorry.
4
He asked if
people were okay.
5
Q
Did he---was he offered rescue?
6
A
Yes.
7
Q
And what did he say when offered rescue?
8
A
He indicated that he would rather have all as-
9
th
sets converted to the area of 4 and Water Street--th
10
Q
To the area of 4 and Water?
11
A
---or to the downtown area.
12
Q
Okay.
13
A
He didn’t specify the actual street names but
14
he---he said he would rather have them diverted elsewhere.
15
Q
And on that, you know, not specifying the
16
street name, is there any indication he had ever been to
17
Charlottesville before?
18
A
As of now, no.
19
Q
And he was not, so far as you know at this th
20
point, at the---the rally, if you will on August 11 at
21
UVA?
22 23 24 25
A
As of now there’s no evidence that would sugsug-
gest that. Q
Okay, and at some point Mr. Fields was told
that one of the people in that crowd had passed away--LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
40 1
A
Yes.
2
Q
---correct?
3
A
That’s correct. That’s correct.
4
Q
What did he do at that point?
5
A
He appeared very shocked and upset.
6
Q
Did he cry and sob?
7
A
Yes.
8
Q
And when you found him there or when he was
9 10
there after he had been taken into custody, he appeared to have a yellow stain on his shirt, correct?
11
A
That’s correct.
12
Q
Was anyone able to determine what that was?
13
A
As of now, no.
14
Q
Was there a smell to that stain?
15
A
Yes, there was a smell from urine.
16
Q
Okay, and when you talk about the people in th
17
the video---I’m video---I’m going back to the state police police video at 4
18
and Water, those people had been, kind of, heading east on
19
Market---I’m Market---I’m sorry Water, I think you said, correct?
20
A
Are you talking about the crowd?
21
Q
Yes.
22
A
What I determined to be counter protestor
23
crowd, yes.
24
Q
25
Where had they been before that, if you could
tell? LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
41 1
A
Again, after speaking to dozens of witnesses,
2
once the crowd dispersed, initially from Emancipation Park,
3
there were several different crowds that split up through-
4
out the downtown area.
Mostly south of downtown mall---
5
Q
Okay.
6
A
---and then they just began to converge and
7
nd
around the area of 2 and West Main.
8 9 10
THE COURT:
All right.
Detective Young, you’ll
have to direct your comments to me because the court reporters having a difficult time---
11
A
12
THE COURT:
Okay, I apologize. ---picking up your testimony.
So, if
13
you want to move this way a little bit and take your notes
14
and that would be fine.
15
A
16
THE COURT:
17
That might help do that.
Yes, sir. At least you’ll have a mic there that
will pick up your voice for the court reporter.
18
Q
Go ahead.
And in the period of time leading up to that
19
point where the crowd is walking east on Water Street, that
20
was the period of time that Mr. Fields had been---had
21
walked to McIntire Park, had come back and got into his car
22
and dropped off these other three people that he was with,
23
correct?
24
A
Correct.
25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
42 1
Q
In other words, he hadn’t been down there with
2
that group of people that was near---that was south of the
3
mall?
4 5
A no.
If you’re talking about the counter protestors,
No, there’s indication indication that he was within that crowd.
6
Q
So, one of the questions asked by Ms. Antony
7
was that Mr. Fields didn’t---after didn’t---after the impact, and prior to
8
backing up and leaving the scene, he didn’t stop or attempt attempt
9
to render aid at any point correct?
10
A
That’s correct.
11
Q
At that point, I think what you testified to
12
earlier was, that was actually the point at which those two
13
holes had been made in the back of his vehicle window, cor-
14
rect, was immediately after the crash?
15
A
After the initial crash.
16
Q
And before he backed up.
17
A
Before and during the time he was backing up,
18
he---I saw a video where people are smashing his rear win-
19
dow.
20 21
Q
And they weren’t just smashing the rear window,
they were, kind of, everywhere smashing things, correct?
22
A
Correct.
23
Q
I understand.
24 25
Again, after the initial impact. If I can have just a minute,
Judge? THE COURT:
Certainly. LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
43 1
Q
One of his statements also to Officer Young,
2
he specifically told, well you, sorry, that he wasn’t afaf-
3
filiated with anyone who was there that day, correct, with
4
any of the groups?
5
A
Correct.
6
Q
And he also specifically asked, are they okay,
7
referring to the people that were in the crowd, correct?
8
A
That’s correct.
9
Q
And it was shortly after that or if not, imme-
10
diately after that that he was told that one person had
11
passed away.
12 13
A
Are you talking about on scene?
He was not
told that until---
14
Q
Until you-all were back at the---
15
A
---till later.
16
Q
---at ---at the magistrate’s office.
17
A
Correct, because we didn’t know.
18
Q
Okay.
19
A
We didn’t know at that point--point---
20
Q
Okay.
21
A
---while we were on the roadside.
22
Q
And then with regard to the three people that
23
he was walking with, he told one of them that he was there
24
alone and he wanted to see a speaker, one of the people
25
that was speaking at the event, correct? LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
44 1
A
That’s correct.
2
Q
If I could have just one second, Judge.
3
That’s all we have.
4 5
THE COURT:
All right, any further questions from
the Commonwealth?
6
MS. ANTONY:
Yes, Your Honor.
7 8 9 10
REDIRECT EXAMINATION By:
Ms. Antony Q
Detective Young, Ms. Lunsford asked you about
11
the smell of the substance that was on Mr. Field’s shirt
12
and you indicated that it smelled of an odor of urine?
13
A
Correct.
14
Q
Is it fair to say there was no evidence during
15
the course of your investigation prior to the crash, of any
16
individual individual surrounding Mr. Field’s car, throwing anything
17
on him while he was in his car or in the area of 4 Street
18
and Market?
19
A
That’s correct.
20
Q
And there was no one blocking his egress onto
21
th
There’s no indication.
th
Market once he got to 4 and the crowd was in front of him?
22
A
Correct.
23
Q
Thank you, those are my question.
24
THE COURT:
25
those questions, Ms. Lunsford?
Any further questions in light of
LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
45 1
MS. LUNSFORD:
2
THE COURT:
3
No thank you, Judge.
All right, may this witness be ex-
cused?
4
MS. ANTONY:
5
THE COURT:
Yes, Your Honor, thank you. All right, free to go or stay as you
6
please, Detective Young.
7
Any further evidence from the Commonwealth?
8 9
MS. ANTONY:
Thank you for your testimony.
Court’s indulgence for just one se-
cond.
10
THE COURT:
11
MS. ANTONY:
All right. No further evidence, Your Honor.
12
There would be a motion to certify at this time.
13
Honor, well, we would ask that once arguments have been
14
heard on that and the Court makes its ruling, if the Court
15
could instruct individuals to stay seated so that individu-
16
als in the front few rows may exit prior to court adjourn-
17
ing for the evening.
18
THE COURT:
19
MS. LUNSFORD:
20
THE COURT:
21
And Your
All right. May I approach?
Yes, you may.
Ms Lunsford, are you
presenting any evidence or argument today?
22
MS. LUNSFORD:
23
THE COURT:
No sir, thank you.
All right, thank you.
Then, Mr.
24
Fields, I’m going to certify each and every one of these
25
charges, including the one that was amended to the grand LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
46 th
1
jury that’s going to meet Monday, December 18 at 9:30 in
2
the morning.
3
al and Ms. Lunsford and Mr. Hill will advise you about what
4
your options are for setting the case for trial.
5
that, I’m going to allow---c allow---court’s ourt’s going to stay in session
6
until certain individuals have had an opportunity to gather
7
together and leave quietly.
8
depart now.
9
At that time, your cases will be set for tri-
So with
So, you may go ahead and---and
This hearing is concluded.
MS. ANTONY:
Before Mr. Fields leaves the court-
10
room, the Commonwealth, by agreement, will make a motion to
11
seal the warrants as they come up to Circuit Court and then
12
(unintelligible) and seal for the purposes of the public,
13
except for the Court, Commonwealth’s Commonwealth’s Attorney’s Office as
14
well the defense.
15
MS. LUNSFORD:
16
THE COURT:
17 18
That’s correct, Your Honor.
All right.
All right, the Court will
so order. MS. ANTONY:
Thank you.
19 20
HEARING CONCLUDED
21 22 23 24 25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE
47 1 2
STATE OF VIRGINIA AT LARGE: I, Brittany L. Herring, Notary Public in and for
3
the State of Virginia at Large, having been so duly commis-
4
sioned and qualified, do certify that the foregoing
5
preliminary hearing was so duly taken by me at the time and
6
place specified in the caption hereof.
7
I do further certify that said preliminary
8
hearing was correctly taken by mechanical methods and that
9
the same was accurately written out in full and transcribed
10
into the English language by Julianne Lee and that said
11
transcript is a true, accurate and correct record of the
12
testimony by said witness.
13
I further certify that I am neither attorney nor
14
counsel for or related to or employed by any of the parties
15
to the action in which this preliminary hearing was taken
16
and, further, that I am not a relative or employee of any
17
attorney or counsel employed by the parties hereto or fi-
18
nancially interested in this action.
19
My commission expires November 30, 2019.
20
Given under my hand and seal this 31 day of De-
21
st
cember, 2017.
22 23 24 25 LANE’S COURT REPORTE RS, INC. TH
401 8 STREET NE CHARLOTTESVILLE,, VA 22902 CHARLOTTESVILLE