James Geiger — Direct/Cross
170 linesJUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: State, you may call your first witness.
MS. CAPPLEMAN: The State calls James Geiger.
JUDGE EVERETT: Mr. Geiger, please raise your right hand.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth?
JAMES GEIGER: Yes.
JUDGE EVERETT: You may take your seat.
JUDGE EVERETT: Please speak loudly and clearly. You can adjust the microphone if you need to.
MS. CAPPLEMAN: Good morning, Mr. Geiger.
JAMES GEIGER: Good morning.
MS. CAPPLEMAN: Please spell your name for the court reporter.
JAMES GEIGER: First name James, J-A-M-E-S, middle initial W, last name Geiger, G-E-I-G-E-R.
MS. CAPPLEMAN: Mr. Geiger, do you live here in Tallahassee?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: Where do you live?
JAMES GEIGER: I live on Trescott Drive in Tallahassee.
MS. CAPPLEMAN: How long have you been living on Trescott Drive?
JAMES GEIGER: I think it's about 45 years now.
MS. CAPPLEMAN: Judge, without objection, I'll move into evidence State's One.
JUDGE EVERETT: State's One is admitted.
MS. CAPPLEMAN: Permission to publish by way of the laptop?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: You used to have a neighbor by the name of Dan Markel?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: When was that?
JAMES GEIGER: Restate the question.
MS. CAPPLEMAN: When did Mr. Markel live next door to you?
JAMES GEIGER: Oh, well, it was — he died nine years ago, and he had been there about five years before that.
MS. CAPPLEMAN: All right. And where in relation to your home did Mr. Markel live?
JAMES GEIGER: He was my next-door neighbor.
MS. CAPPLEMAN: All right. So if we're looking at this photograph right here, which one is your home?
JAMES GEIGER: The one on the right is my home; the one on the left was Danny's.
MS. CAPPLEMAN: All right. So that driveway there with the vehicle in the driveway — that would have been Mr. Markel's driveway?
JAMES GEIGER: Yes, it would.
MS. CAPPLEMAN: Can you tell us about something that occurred back on July 18th of 2014?
JAMES GEIGER: On that morning, my wife and I were sitting in our living room, which looks out over Trescott Drive here, and we were working with an iPad on a couch. We heard a noise — a loud bang. We weren't sure what it was, and I quickly got up to see what might have caused that noise. There had been at the time some burglaries in the area, and I was concerned that perhaps that had been a burglary attempt. So as I approached — we have a large window looking out on the street — and as I got to the window, I looked to the left and to the right because I wasn't sure where the noise came from. But on my right, as I looked out, I saw a car quickly back up out of the driveway and then head towards Benton Road very rapidly.
MS. CAPPLEMAN: Let me interrupt you for just a moment. Judge, if there's no objection, I'd like to introduce State's Two and Three at this time.
JUDGE EVERETT: Opposed?
MR. RASHBAUM: No objection.
MS. CAPPLEMAN: Can I publish Two, please?
MS. CAPPLEMAN: Okay. So is this the view you had from your window looking out toward Mr. Markel's drive?
JAMES GEIGER: Yes, that's correct.
MS. CAPPLEMAN: And you say you saw a vehicle backing up out of his driveway?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: What type of vehicle was it?
JAMES GEIGER: Well, I caught it out of the corner of my eye, so I didn't look at it real hard, but it looked like a Prius to me.
JAMES GEIGER: Looked like a silver- or white-colored Prius.
MS. CAPPLEMAN: Anything about the way it backed out? Did it do that normally?
JAMES GEIGER: It just went very quickly, and that's what caught my attention.
MS. CAPPLEMAN: All right. And which way did it go after it backed out of the drive there?
JAMES GEIGER: As it backed out of the driveway, it headed to the right, which was towards Benton Road.
MS. CAPPLEMAN: All right. Were you able to see the occupants of the vehicle?
JAMES GEIGER: No, I couldn't see anyone inside.
MS. CAPPLEMAN: Did you do anything to further investigate the situation?
MS. CAPPLEMAN: Could we publish the report, please?
JAMES GEIGER: Well, as I said, I was concerned that we had heard there had been some burglaries in the area, and so I thought that I would walk next door to see if that might have been what happened. And as I approached Danny's house, I noticed that the garage door was up, and his car was in the garage and it was running.
JAMES GEIGER: And so I stopped then almost as I got to the garage and I thought, well, so much for a burglary. If he's getting ready to leave, it wasn't anything like that, and so there must not be a problem. And I turned around and went back to my house at that point.
MS. CAPPLEMAN: All right. What about once you got back inside the house? Did you do anything else?
JAMES GEIGER: Yeah, as I got back in, I kind of stood right at this window, and why, I'm not sure, but I just thought I would stand there for a minute or two and wait for him to go ahead and back out and leave.
JAMES GEIGER: And after maybe three or four or five minutes, he hadn't backed out yet, and I said to my wife, I said, something seems wrong to me. I don't know what it is.
JAMES GEIGER: Danny hadn't left yet.
JAMES GEIGER: I think I'm going to walk back over there and check things out. And so that's what I did, was to walk back over again.
MS. CAPPLEMAN: What happened when you got over there?
JAMES GEIGER: Well, as I got back over, the garage door was still up. The car was still in the garage. It was still running.
JAMES GEIGER: And I thought perhaps then that maybe he was on the phone and was simply staying there while he had his phone conversation.
JAMES GEIGER: But again, I just wasn't quite sure, and I said to myself, well, I'm going to walk on into the garage and make sure everything's okay. And that's what I did.
MS. CAPPLEMAN: In the five years or so that you'd lived next door to Mr. Markel, had you ever had an occasion to go over there and check on him before?
JAMES GEIGER: No.
MS. CAPPLEMAN: So he probably sat in his driveway talking on the phone before, right?
JAMES GEIGER: He may have, I don't know. No, he was in the garage this time. I wouldn't have known if he was there or not.
MS. CAPPLEMAN: All right, but for whatever reason, the hairs on the back of your neck stood up this time.
JAMES GEIGER: I don't know that they stood up, but there was just something that said I need to check it out.
MS. CAPPLEMAN: All right, so what happened when you got over there?
JAMES GEIGER: Well, as I said, I decided I'd walk on in to the garage. I felt a little awkward doing that, but I walked on in, and I looked at the driver's side window and it was busted out. At that point I recalled stepping on glass, and as I looked in then I could see a man's head — it was bloody — and it was looking through part of the glass that was still there from the driver's side window. Part of it was blown out, and I looked inside and I saw a head; it was bloody, and it was moving back and forth slowly.
MS. CAPPLEMAN: And was it Mr. Markel inside the car?
JAMES GEIGER: Yeah, and I said, "Danny, what happened?"
JAMES GEIGER: And there was no response, just that slow moving back and forth, and I hollered out again, "Danny, Danny, what happened?"
JAMES GEIGER: And there was still nothing, and at that point I knew he needed help and I had to call 911. So I reached into my pocket, which is where I normally keep my cell phone, and it wasn't there. Then I recalled that while I was sitting on the couch I'd taken it out and set it down there. So I quickly ran back to the house — it's not very far away, as you can see — and got my phone and then called 911.
MS. CAPPLEMAN: Did you know anything about Dan Markel? Did he have a family living there with him?
JAMES GEIGER: Yeah, he and his wife had just been married when they moved into that home, and they were there. Then a couple of years later they had a child, and then another child. They had some difficulties and they divorced — or, I guess, were in the process of being divorced — and she had moved out. And so Dan stayed there.
JAMES GEIGER: Frankly, we didn't see him a whole lot.
MS. CAPPLEMAN: All right, but he was living there and had the boys sometimes?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right, at the time that this happened?
JAMES GEIGER: Correct.
MS. CAPPLEMAN: Okay. Were the children there with him when he was injured in this way?
JAMES GEIGER: Not that I'm aware of.
MS. CAPPLEMAN: So you didn't see the children there?
JAMES GEIGER: No.
MS. CAPPLEMAN: All right. So you go back and get your phone and call 911. Is that right?
JAMES GEIGER: Correct.
MS. CAPPLEMAN: Okay. Have you had an opportunity to review the 911 call in this case previously?
JAMES GEIGER: I have.
MS. CAPPLEMAN: All right, and is that your voice on the call that we played previously?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right, Judge, at this time I'd ask to introduce State's Exhibit 81 — I'm sorry, 82 — and ask for permission to publish.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's Exhibit 82 is admitted. You may publish.
JAMES GEIGER: Next door to my house, which is 2122 Trescott Drive. 22
JAMES GEIGER: Trescott Drive, the T, 85021.
JAMES GEIGER: I came over and looked in the garage. I thought the gentleman was backing out, and I went back.
JAMES GEIGER: I came back over, and his driver's-side window is shattered, and he's battered and can't answer.
JAMES GEIGER: He's inside. I don't know if somebody tried to shoot him or if he shot himself or what. I don't know.
JAMES GEIGER: Right next door. I gave you mine. I don't know if he's got his mask on.
JAMES GEIGER: He's... in an ambulance now?
JAMES GEIGER: The... driver's side window is all bashed in. He's inside. The car is running. And he's got blood all over his head.
JAMES GEIGER: He's not responding to me.
JAMES GEIGER: That number, by the way, is 2116-
JAMES GEIGER: ...IGER.
MS. CAPPLEMAN: You said that the man that you saw in the vehicle was unresponsive to you.
MS. CAPPLEMAN: If there's no objection, I would like to introduce State's Exhibit 5 at this time.
MS. CAPPLEMAN: May... I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Is this Mr. Markel, your neighbor?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Okay, and when you say he was not responsive, was he able to say any words to you?
JAMES GEIGER: I didn't hear any words at all.
MS. CAPPLEMAN: Okay, what sounds did you hear coming from him?
JAMES GEIGER: I didn't hear any sound. I just saw his head slowly rolling back and forth.
MS. CAPPLEMAN: Okay. He wasn't moaning at all?
JAMES GEIGER: Not that I heard.
MS. CAPPLEMAN: Okay. All right.
MS. CAPPLEMAN: May I introduce State's Exhibits 6 and 7 at this time, Your Honor?
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 6 and 7 are admitted.
MS. CAPPLEMAN: Publish 6, please.
MS. CAPPLEMAN: All right. So is this looking up Mr. Markel's driveway?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. And State 7, please. Is this how Mr.— with the exception of the doors being opened in this photo, is this how Mr. Markel's vehicle appeared to you when you approached on that day?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: I'm going to approach with State's Exhibit 4.
MS. CAPPLEMAN: ...that image before... signature there?
JAMES GEIGER: Oh, yes it is.
MS. CAPPLEMAN: Okay, and is that indicating that the vehicle pictured in this exhibit is consistent with the vehicle you observed in Mr. Markel's driveway that day?
JAMES GEIGER: Yes, that's true.
MS. CAPPLEMAN: I believe you... said on the recording there that the car was running. Is that true?
JAMES GEIGER: That's true.
MS. CAPPLEMAN: Did you touch the victim or the car?
JAMES GEIGER: No, I didn't.
MS. CAPPLEMAN: Did you move anything inside the garage?
JAMES GEIGER: No.
MS. CAPPLEMAN: Can you estimate how much time passed between the time you heard the loud bang and the time that you called 911?
JAMES GEIGER: I would say between five and ten minutes.
MS. CAPPLEMAN: I'm going to show you State's Exhibit 81.
MS. CAPPLEMAN: State's Exhibit 81 — a fair and accurate map? It's an aerial map of your residence and the scene where this occurred?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Judge, I'd ask to move into evidence State's 81.
JUDGE EVERETT: Any objections?
MR. RASHBAUM: No objections.
JUDGE EVERETT: Okay. State's 81 is in place.
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: Okay.
MS. CAPPLEMAN: All right. So if you're coming in off of — can you show — off Thomasville Road there, the yellow line, how would you get to Mr. Markel's residence from Thomasville Road?
JAMES GEIGER: Well, you could do it more than one way. One is to go on the yellow road there, which is Thomasville Road, down to pretty close where that green mark is, which is Benton Road. You would take a left, come up to Trescott Drive, and then go back. That would be one way to do it, yes sir. Another way would be to exit off of — Thomasville Road on Klein, and then come across to Trescott Drive. And in that case, you'd be turning right.
MS. CAPPLEMAN: And on that one, we've got to go up a little bit, right?
JAMES GEIGER: Yes. Yeah.
MS. CAPPLEMAN: So maybe Armistead to climb to Trescott?
JAMES GEIGER: Yeah. Okay.
MS. CAPPLEMAN: Thank you, sir. No further questions.
JUDGE EVERETT: Cross-examination?
MR. RASHBAUM: No questions, Your Honor.
JUDGE EVERETT: Mr. Geiger, you may step down, sir.
JAMES GEIGER: Thank you.
MS. CAPPLEMAN: May Mr. — Geiger be released, Your Honor?
JUDGE EVERETT: He is.
JUDGE EVERETT: Does the defense intend to call Mr. Geiger at any point?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: Mr. Geiger, you are released. Have a good day.