3.James Geiger — Direct/Cross
168 linesMS. CAPPLEMAN: Yes, Your Honor. The State calls James Geiger. May I reposition the lecturn, Judge?
JUDGE EVERETT: You may.
Mr. Geiger, please raise your right hand to be sworn, sir.
whereupon, JAMES GEIGER was called as a witness, having been first duly sworn, was examined and testified as follows:
JAMES GEIGER: Yes.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly for the jurors.
You may examine when you're ready.
MS. CAPPLEMAN: Yes, sir. Perfect. Thank you.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Please say your name and spell your name.
JAMES GEIGER: My name is James Geiger, G-E-I-G-E-R.
MS. CAPPLEMAN: Sir, where do you live?
JAMES GEIGER: I live at 2122 Trescott Drive in Tallahassee.
MS. CAPPLEMAN: How long have you lived at that residence?
JAMES GEIGER: It's getting pretty close to 50 years now. I think 48 or 49.
MS. CAPPLEMAN: All right. I want to take you back to July 18th of 2024 -- now I've got a gnat on me -- do you recall something unusual that happened that day? I'm sorry, I said 2024. 2014, sir. You know what case we're here about. Do you remember what happened on that date?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: All right. Could you please tell our jurors how something unusual first got your attention?
JAMES GEIGER: It was a Friday morning. About 10:30, my wife and I were sitting in our living room looking out towards Trescott Drive, out to the street. And as we were sitting there, we were doing something with our iPads. And we heard a -- a noise, a popping, loud sound, bang sound. And we immediately got up and walked to the front -- we have a big picture window. walked up to see if we could determine what -- what had happened and where it had come from. We weren't sure if it was to the right or to the left. And --
MS. CAPPLEMAN: All right. Let me pause you right there and show you a couple of photographs that I have marked as State's 1, 2 and 3.
JAMES GEIGER: Okay.
MS. CAPPLEMAN: Do you recognize these photographs, sir?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: Are these fair and accurate photographs of your residence at that time, as well as the view from the window you've described?
JAMES GEIGER: Yes, it's -- it's true.
MS. CAPPLEMAN: Judge, at this time I'd ask to admit 1 through 3 and publish.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection, Your Honor.
JUDGE EVERETT: State's 1 through 3 are admitted.
(State's Exhibit Nos. 1, 2, and 3 received in evidence.)
MS. CAPPLEMAN: And if we could publish State's 1, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right, sir. So if you could just explain --
MS. CAPPLEMAN: Will you give me that pointer, please?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: -- what we're looking at in this photo. And I've got this pointer here, if that's of any assistance to you. You push the middle button, you get a red dot. You don't have to use it. Oh, if you are going to use it, though, use it on the big screen, please, sir.
All right. So just describe what we're looking at in this photo, State's 1.
JAMES GEIGER: This is taken from Trescott Drive. The house on the right is my house, and the house on the left was Danny's house.
MS. CAPPLEMAN: Okay. And the bay window that you've described, is that what -- is that what is pictured in this portion of the photo right here? Yes, sir.
JAMES GEIGER: That's correct.
MS. CAPPLEMAN: Publish State's 2, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, is this the view from that window?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right.
JAMES GEIGER: This is -- this is what I saw as I looked out.
MS. CAPPLEMAN: Okay. And the driveway that we can see there on the right side of the window, is that Dan Markel's driveway?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right. So you've described that something got your attention.
MS. CAPPLEMAN: Could we have State's 3, please?
JAMES GEIGER: well, as I mentioned, I wasn't sure where the noise had come from, and I looked to the left and to the right. And as I looked to the right, there was a car that was rapidly backing out of the driveway, and immediately headed down in that direction towards Betton Road.
It caught my attention because it seemed to be going so fast. And I noticed what it looked like and that caught my attention. Although, quite frankly, it was out of the corner of my eye. It appeared to be a Prius, a light-colored Prius. Maybe silver or white.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So something got your attention, what was that?
JAMES GEIGER: well, that was what got my attention. And then --
MS. CAPPLEMAN: was the vehicle itself?
JAMES GEIGER: Excuse me?
MS. CAPPLEMAN: was the vehicle itself or some noise preceded the -- you seeing the vehicle?
JAMES GEIGER: well, initially, we had heard this loud noise.
MS. CAPPLEMAN: Okay.
JAMES GEIGER: which we weren't exactly sure what it was. It could have been a gunshot. We weren't sure. And then when I saw the car back out, that prompted me then to walk next door. There had been, in the neighborhood, a few break-ins, burglaries, and my first thought was that somebody was trying to break into the Markel house.
And so I went out the front door and walked across over to Danny's house to see if anything had been damaged, maybe tried to be broken into, the garage or something.
MS. CAPPLEMAN: Yes, sir. When you looked out, you said you saw the car back out and then exit toward Betton Road, would that be going this direction to the right of the photograph or towards the left of the photograph?
JAMES GEIGER: It would be towards the right.
MS. CAPPLEMAN: Okay. So out this way. And you said you walked over there just to sort of look around, make sure everything was okay. What did you see?
JAMES GEIGER: As I approached his garage, I noticed that the garage door was open. His car was inside. And it was -- the motor was running. And so I thought then, well, I guess so much for a burglary. I don't think that's happened if Danny's there. So I turned around and walked back to my house.
MS. CAPPLEMAN: Okay. what happened next?
JAMES GEIGER: After that, I can't tell you why, but I just stood at my front window and looked out and waited for a few minutes, maybe three or four, up to five. And, for some reason, it just didn't quite seem right, Danny hadn't backed out, and I thought by this time he should have backed out of his driveway and he didn't. And so I said to my wife, I think something just seems wrong, I'm going to walk back over. And so I did that.
MS. CAPPLEMAN: All right. And what did you see when you got over there?
JAMES GEIGER: Excuse me?
MS. CAPPLEMAN: what did you see when you got over there the second time?
JAMES GEIGER: well, when I went back the second time, I noticed that the garage door was still up. The car was still running. And this time I thought, you know, maybe I better walk on into the garage. He's probably in -- in the driver's seat. He's probably on the cell phone talking. But I just wanted to make sure everything was okay.
MS. CAPPLEMAN: Yes, sir.
JAMES GEIGER: And so I walked into the -- the actual driveway then. And I saw that the window, the driver's side window had been shattered. And I stepped on glass at that same time.
As I looked inside, I saw a bloody head. And the head was slowly moving back and forth -- rolling back and forth, left to right. And I hollered immediately, Danny, what happened? And I didn't get any response other than the head rolling. So I hollered again, Danny, Danny, what's happened? Still nothing. And, at that point, I knew that I had to get the emergency medical team there as quickly as I could.
I reached into my pocket to pull out my cell phone, which is where I normally keep it, and it wasn't there. And I thought, gee, I've left it back on the couch at the house. So I quickly dashed back to the house, got the phone and called 911.
MS. CAPPLEMAN: How many minutes do you estimate elapsed between the time you saw the Prius backing out -- or really I should say the time you heard the loud bang, to the time that you were able to reach 911?
JAMES GEIGER: I -- less than ten minutes, more than five minutes. Somewhere in there, I would say.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibit 4, and then I also have 6 and 7. This is No. 4. And I'll draw your attention to some initials on No. 4, and then also 6 and 7.
JAMES GEIGER: Uh-huh.
MS. CAPPLEMAN: Do you recognize these photos?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to move into evidence 6 and 7.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 6 and 7 are admitted.
(State's Exhibit Nos. 6, 7 received in evidence.)
MS. CAPPLEMAN: Publish State's 6, please.
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, is this how the vehicle was positioned when you went over there and found Mr. Markel so badly injured?
JAMES GEIGER: Yes, that looks correct.
MS. CAPPLEMAN: Publish State's 7, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was -- the doors to the vehicle are open in this photograph, were they open or closed when you went over there?
JAMES GEIGER: No, they were all closed.
MS. CAPPLEMAN: All right. Closed. And the only window that was damaged, was that the driver's side window?
JAMES GEIGER: That's the only one I saw. That's -- if there were some others -- I didn't look at any other windows. I just simply saw the driver's side that was completely shattered.
MS. CAPPLEMAN: All right. Yes, sir. And State's Exhibit 4, is this consistent with the type of vehicle that you observed in the driveway backing out that day?
JAMES GEIGER: Yes, it was. Although I didn't quite see that angle.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduced State's 4.
JUDGE EVERETT: Any objection to State's 4?
MS. FULFORD: No objection.
JUDGE EVERETT: Admitted at this time.
(State's Exhibit No. 4 received in evidence.)
MS. CAPPLEMAN: Can you publish 4?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And you described it as a light-colored Prius. You weren't exactly sure of the color, maybe white, maybe silver, right?
JAMES GEIGER: Yeah. I -- silver came to mind first, I guess. But certainly a light-colored vehicle.
MS. CAPPLEMAN: I'm going to approach and show you State's Exhibit 5. Recognize State's 5?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Is that Mr. Markel?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right. May I introduce State's 5, Your Honor?
MS. FULFORD: No objection.
JUDGE EVERETT: Any objection?
MS. FULFORD: No, sir.
JUDGE EVERETT: State's 5 is admitted.
(State's Exhibit No. 5 received in evidence.)
MS. CAPPLEMAN: Publishing State's 5.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what did you know about Mr. Markel?
JAMES GEIGER: well, this -- this occurred in 2014. And Danny and wendi were newlyweds, and they moved in about five years earlier than that. They moved next door. We were not particularly close to either one. we would see them occasionally out on the street. The memorable thing, and the other neighbors will tell you, is that when they first moved in, they had a housewarming event and they invited all the neighbors in. we attended it. That was our first time to see them and visit them. They seemed like a nice young couple and -- but, after that, we weren't -- we weren't particularly close.
MS. CAPPLEMAN: Did they have a couple little children living there?
JAMES GEIGER: well, when they first moved there, they didn't. But after a year or two, they had the first child. And then, later, a second child.
MS. CAPPLEMAN: All right. And at the time that Mr. Markel was shot, had his wife wendi moved out? Had they separated?
JAMES GEIGER: Yeah. we had understood that they were going through a divorce and wendi had left. And, after that, we rarely saw Danny. And I don't think we ever saw the kids, either. But...
MS. CAPPLEMAN: were you familiar with Mr. Markel's profession?
JAMES GEIGER: Yes, I knew that he was an attorney. Both of them were. And they were connected with the FSU Law School, I believe. But I didn't know their exact positions there.
MS. CAPPLEMAN: Yes, sir.
MS. CAPPLEMAN: Publish 4 again, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Are you able to tell the jurors anything about the occupants of this vehicle on that day?
JAMES GEIGER: No, I only saw it just briefly. And I didn't notice what kind of car it was. I couldn't tell you who was inside. The windows were dark, as far as I could see. I didn't even know if it was two door or four door. I just didn't see anything like that.
MS. CAPPLEMAN: During the time that you were present at the scene, at the shooting, did Mr. Markel ever regain consciousness or ever say anything that you heard?
JAMES GEIGER: No, I never heard him say anything. The only -- the only motion was that his head kept going back and forth. During the 911 call -- which it took forever to try to get the emergency vehicle there, the emergency medical team -- they would occasionally ask if he was still breathing. And I would walk back up into the garage and his head was moving still and I said, well, his head's moving, so I assume he's still breathing.
MS. CAPPLEMAN: Yes, sir. Have you had an opportunity to review that recorded call that you made to 911 that day?
JAMES GEIGER: Yes, I have.
MS. CAPPLEMAN: All right. And was it a fair and accurate recording of that call?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to move into evidence State's 88.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 88 is admitted.
(State's Exhibit 88 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: Go ahead.
(Audio playing.)
AUDIO RECORDING: 911. What's the address of your emergency?
JAMES GEIGER: It's right next door to my house, which is 2122 Trescott Drive.
AUDIO RECORDING: Can you repeat that for verification?
JAMES GEIGER: Two, one, two, two Trescott Drive, with a T.
AUDIO RECORDING: Okay. And the phone number you're calling from?
JAMES GEIGER: Well, I'm calling from (850) 212-4623.
AUDIO RECORDING: Okay. Tell me exactly what happened.
JAMES GEIGER: We heard a -- a loud bang and a car pulled away from next door. I came over and looked in. The garage door was up and I thought the gentleman was backing out. And I went back in the house, but he never backed out. And I came back over and his win -- his -- his driver's side window is shattered and he's battered and can't answer. He's inside. I don't know if somebody tried to shoot him or if he shot himself or what. I don't know.
AUDIO RECORDING: And it was at this location, correct?
JAMES GEIGER: Right next door. I gave you mine. I don't know his address. It's next door.
AUDIO RECORDING: Okay.
JAMES GEIGER: You need to send an ambulance in a hurry. EMTs. He's still alive. He's moving.
AUDIO RECORDING: Okay. What -- what's he -- what's going on with him?
JAMES GEIGER: I don't know. The -- the -- 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. He's not responding to me.
That number, by the way, is 2-1-1-6, 2116.
(Audio stopped.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. That's the first few minutes of a 14-minute call. Is that how long it took them to get somebody to you?
JAMES GEIGER: Seemed to me a lot longer.
MS. CAPPLEMAN: Seemed like 14 hours, didn't it?
JAMES GEIGER: Long time.
MS. CAPPLEMAN: All right. Nothing further, Your Honor.
JUDGE EVERETT: Cross-examination for Mr. Geiger?
MS. FULFORD: No questions, Your Honor.
JUDGE EVERETT: Mr. Geiger, you may step down, sir.
Is he released from his subpoena or will anyone need to recall him for any purpose?
MS. CAPPLEMAN: He's released, Your Honor.
JUDGE EVERETT: Have a good day, sir.
Please call your next witness.