James Geiger — Direct/Cross/Redirect
267 linesMS. CAPPLEMAN: State calls James Geiger.
MS. CAPPLEMAN: Mr. Geiger, I was going to— it's not working. I'm going to ask: may I have permission to bring the witness up down here?
JUDGE HANKINSON: Yes. And if y'all need to reposition, just—
MS. CAPPLEMAN: Stand on this side of the map.
JAMES GEIGER: Yes.
MS. CAPPLEMAN: But if you're in front of the camera. I'm coming southbound on Centerville Road, one way to get to your residence: you need to turn onto this road here, Armistead, and then climb to Trescott?
JAMES GEIGER: Correct.
MS. CAPPLEMAN: And then would another way to get to your residence be to come on down here to Benton and take a left there, from the opposite direction, down Trescott?
JAMES GEIGER: That's correct.
MS. CAPPLEMAN: You may resume your seat, thank you.
MS. CAPPLEMAN: Judge, may I pass around State's Exhibit 1?
JUDGE HANKINSON: Did you say one? You may.
MS. CAPPLEMAN: All right, so just the old-fashioned way, sir. I think you said that your house — there's kind of two homes in this photograph — is on the right side. Thank you. Mr. Markel's on the left?
JAMES GEIGER: Correct.
MS. CAPPLEMAN: And to the jury: you're going to see exhibits during the course of the trial. You may see them, you may not. You will have all exhibits for your consideration in the jury room to study more carefully, so don't feel like you have to memorize anything here. All right.
MS. CAPPLEMAN: Sir, I want to draw your attention to the date, July 18th, 2014.
MS. CAPPLEMAN: Do you remember an event that occurred that day that was a little unusual?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: All right. Let's just let these jurors finish looking at that exhibit.
MS. CAPPLEMAN: All right. If you would, sir, just tell us what initially got your attention that day, July 18th, 2014.
JAMES GEIGER: My wife and I were working on a laptop computer in our living room, which faces out to Trescott Drive, and it was just about this time on a Friday morning, which was the 18th, and we both heard a loud bang. We weren't sure what it was, and I stood up immediately and walked to — we have a large window in the front of our house. I think that's called a bow window, but it's a large window. And so I walked there to see if I could determine where the sound had come from. I didn't know whether it had come from the right of us or to the left of us. And as I was looking, I noticed a car exiting Mr. Markel's driveway and then proceeding up towards Benton Road on Trescott, and the car moved very quickly.
JAMES GEIGER: My first thought was that perhaps there had been a burglary attempt next door. We had heard rumors that there were some burglaries in the area — of some burglaries in the area — and that was my first thought. And so I immediately went outside and walked next door to Dan's house to see if I could notice that maybe there had been a burglary attempt.
MS. CAPPLEMAN: All right, let me stop you right there for just a moment. I'm going to approach with State's Exhibits 2 and 3. Do you recognize State's Exhibits 2 and 3?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: How do you recognize these exhibits?
JAMES GEIGER: Well, these were taken from inside my house, later that day.
MS. CAPPLEMAN: All right. Are these fair and accurate images of the view you would have had of Mr. Markel's driveway?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 2 and 3.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection from Garcia, Judge.
MR. DECOSTE: No objection, Your Honor.
JUDGE HANKINSON: They'll be admitted, and now published.
MS. CAPPLEMAN: You might — Sorry about this, Judge. We're going to get it working. Everybody knows I have not touched it.
MS. CAPPLEMAN: This is more like how things normally go.
MS. CAPPLEMAN: If you look at one and pass it down, we don't have to wait for each person to look at both photographs.
MS. CAPPLEMAN: All right, we're going to move on while they're working on the technology.
MS. CAPPLEMAN: So you hear this bang, you look out there and see this vehicle.
MS. CAPPLEMAN: What can you tell us about the vehicle as far as a description?
JAMES GEIGER: It looked to me like a Prius. I couldn't be certain that it was a Prius, but it certainly looked like a Prius. It was light-colored. I thought perhaps silver, maybe even white.
MS. CAPPLEMAN: All right. And what about the occupants of the vehicle? Did you observe them at all?
JAMES GEIGER: I couldn't see in the window. I didn't notice anything. It was just — it happened very quickly.
MS. CAPPLEMAN: And were you able to get the tag number of the vehicle?
JAMES GEIGER: No.
MS. CAPPLEMAN: All right. So this got your attention enough to go out there and look around a little bit. What did you see when you went out there the first time?
JAMES GEIGER: As I walked next door to Danny's house, like I said, my first thought was that somebody had tried to break in — maybe tried to break in through the garage. But the garage door was open, and the car was in the garage, and the engine was running. And so then I thought to myself, well, this must not be a burglary attempt if Danny's here and he's getting ready to leave. And so I walked back to my house again.
MS. CAPPLEMAN: Did you continue to keep an eye on what was going on over there?
JAMES GEIGER: Yeah, I stood in the front of the house in my window looking out, and I don't know why, but I just stood there for a few minutes waiting for him to leave. And the car never left. And I said to my wife, I think something — something seems odd. I don't know. Danny hadn't left yet. And so I said, I'm going to walk back and check it out. And so I did. And as I went next door again, I looked, and the garage door — the garage was — the door was still up, the car was still in the garage, the engine was still running. And I thought, well, I guess maybe he's on his cell phone talking. But it just didn't feel right. And I thought, well, I'll walk on into the garage and I'll ask him if everything is okay. So I did. And as I approached the driver's side of the car, I noticed that there was glass right in front of the door. And I immediately looked in at the car, at the driver's side, through the window, and it had been smashed in — what appeared to be smashed in. And I was startled then to see Dan inside, and his head was bloody. And I immediately said, Danny, what's happened? And there was no response. And I yelled out again, Danny, Danny, what's happened? And again there was no response, except that his head was slowly moving from left to right, back and forth. And so my immediate thought then was we had to get medical help there as quickly as possible. And I reached in my pocket for my cell phone to call 911, and my cell phone wasn't there. I had left it in the house on the couch where I'd been originally sitting. So I ran back to my house and grabbed the phone. I came out and started to dial 911. I think my first attempt, I put an extra digit in 911 or something like that, but I could see that it wasn't the right one. So I then immediately dialed 911 to try to get emergency help there as quick as possible.
JAMES GEIGER: Yes.
JAMES GEIGER: It's — Dan Markel.
MS. CAPPLEMAN: Is that a very accurate photograph of your neighbor, Mr. Markel?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: And this is the man who you observed bleeding in his vehicle on July 18th, 2014?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: May I introduce and publish State's 5, Your Honor?
JUDGE HANKINSON: Any objections to State's 5?
MR. ZANGENEH: None for Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: Okay. Be admitted.
MS. CAPPLEMAN: Your Honor, I'm now showing you what I've marked as State's Exhibits 6 and 7.
MS. CAPPLEMAN: Do you recognize State's 6 and 7?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: How do you recognize these?
JAMES GEIGER: This is Dan Markel's house.
JAMES GEIGER: On number 6, you can see the edge of my house.
JAMES GEIGER: And number 7, it's a closer-up view of his garage.
MS. CAPPLEMAN: And is this a fair and accurate view of the state of his garage at the time you observed it, on the date that he was injured?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 6 and 7.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None for Mr. Garcia.
JUDGE HANKINSON: Okay. Be admitted, six and seven.
JAMES GEIGER: I approached the driver's side, which would be the left as you're looking in. — through the garage.
MS. CAPPLEMAN: You mentioned the glass was broken or smashed.
JAMES GEIGER: I think I used the word "smashed." It was — little pieces of glass were on the floor, and as I looked at the window, it seemed to be — it was shattered, and there was a kind of a gaping hole there.
MS. CAPPLEMAN: The driver's side window? The front window?
JAMES GEIGER: Yes.
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Let me show you what I've marked as State's Exhibit 4.
MS. CAPPLEMAN: You mentioned seeing a vehicle exit Mr. Markel's residence that morning.
MS. CAPPLEMAN: Have you had an opportunity to review State's Exhibit 4 prior to today?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: And is the vehicle depicted in State's Exhibit 4 consistent with the vehicle that you observed on the day in question?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right. And is there anything about this vehicle that you can say is different from or inconsistent with the vehicle that you observed that day?
JAMES GEIGER: No.
MS. CAPPLEMAN: All right. I'm going to ask that if you'll just initial that to the court, anywhere on there, let us know that that is consistent with what you observed.
MS. CAPPLEMAN: Were you able to tell anything about the injury? You mentioned that he was obviously injured, but were you able to tell anything about what part of him was injured?
JAMES GEIGER: Well, it was his head, and there was a lot of blood. And other than that, he was not responsive, as I said, other than his head rolled back and forth. And when I called to him, he didn't respond.
MS. CAPPLEMAN: All right. And was the driver's door to his vehicle open or closed?
JAMES GEIGER: It was closed.
MS. CAPPLEMAN: And was his vehicle running or not?
JAMES GEIGER: It was running, yes.
MS. CAPPLEMAN: And did you touch the car or Mr. Markel at all?
JAMES GEIGER: I didn't do either one.
MS. CAPPLEMAN: Did you move anything in the garage, or do anything to move the car?
JAMES GEIGER: No, I did not.
MS. CAPPLEMAN: No further questions.
MR. ZANGENEH: Good morning, Mr. Geiger.
JAMES GEIGER: Good morning.
MR. ZANGENEH: Your house is located next to your next-door neighbor. Your next-door neighbor is Mr. Markel, correct?
JAMES GEIGER: That's correct.
MR. ZANGENEH: And you're on the same side of the street as Mr. Markel?
JAMES GEIGER: That's correct.
MR. ZANGENEH: Mr. Geiger, in Government's Exhibit 3, this photograph — do I need to go closer, sir?
JAMES GEIGER: No, I can see.
MR. ZANGENEH: This photograph depicts one of your windows looking out into what appears to be Mr. Markel's, correct?
JAMES GEIGER: Correct.
MR. ZANGENEH: And after you heard that loud sound, you were able to look outside the window and see a vehicle. And it was backing out. Was it backing out at a high rate of speed?
JAMES GEIGER: Seemed to be, yes.
MR. ZANGENEH: When you walked over to Mr. Markel's driveway, did there appear to be any tire screech marks that you saw?
JAMES GEIGER: I didn't look.
MR. ZANGENEH: Did you — did you hear —
JUDGE HANKINSON: Were you talking to the witness or the jury Mr. Zangeneh?
JUDGE HANKINSON: Look at us, please, sir.
MR. ZANGENEH: No worries, sir. I apologize.
JUDGE HANKINSON: Thank you, sir.
MR. ZANGENEH: Did you hear any screeching tires?
JAMES GEIGER: No.
MR. ZANGENEH: And About how long — and I know this is a guesstimation — about how long would you say that you had a visual of the vehicle that you described?
JAMES GEIGER: I would say probably 10 to 15 seconds. Ten probably would be closer.
MR. ZANGENEH: So closer to 10 seconds, sir?
JAMES GEIGER: Ten to 15. Yes.
MR. ZANGENEH: And during this time, where you had this 10-second window, isn't it correct that you are unable to identify any of the occupants of the vehicle, correct?
JAMES GEIGER: That is correct.
MR. ZANGENEH: And so you would be unable to indicate whether or not there was one or two people in the car. Is that correct?
JAMES GEIGER: That is correct.
MR. ZANGENEH: You would be unable to give a description as to what the driver looked like. Is that correct?
JAMES GEIGER: That's correct.
MR. ZANGENEH: On your second trip to Mr. Markel's garage, when you did approach the vehicle and you saw Mr. Markel, did you walk up to the driver's side door?
JAMES GEIGER: Yes, I did.
MR. ZANGENEH: At any time, to your knowledge, did you step on any of the glass that was next to the driver's side door?
JAMES GEIGER: I think I must have, yes.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Your Honor, I have no questions for Mr. Geiger.
JUDGE HANKINSON: Any redirect?
MS. CAPPLEMAN: I have one additional area to cover with this witness, us, because we have to do it because of the technology, but I understand we're going to be able to do it.
MS. CAPPLEMAN: So I'm going to approach and show Mr. Geiger State's exhibit 123.
MR. ZANGENEH: Judge, I would, if this is redirect...if the government...
JUDGE HANKINSON: We'll give you cross on it.
MR. ZANGENEH: Thank you.
MS. CAPPLEMAN: Mr. Geiger, have you previously had an opportunity to review this exhibit?
JAMES GEIGER: Yes, I have.
MS. CAPPLEMAN: How do you know this is the same?
JAMES GEIGER: Well, I initialed it right here.
MS. CAPPLEMAN: This is a recording of the 911 call, and in its entirety?
JAMES GEIGER: Yes, it is.
JAMES GEIGER: Yes, it was. You know, within a couple of minutes of my discovering him in the car, when I was then able to make the 911 call.
JAMES GEIGER: Yes, of course.
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
JUDGE HANKINSON: We're about due for a break anyway. Well, let the jury step out with the bailiff. We'll take ten minutes.
JUDGE HANKINSON: Mr. Geiger, we're going to take ten minutes if you want to step out.
JAMES GEIGER: Thank you.
AUDIO RECORDING: 122 Trescott Drive.
AUDIO RECORDING: Can you repeat that for verification?
AUDIO RECORDING: I'm calling from 850-212-4623.
AUDIO RECORDING: Okay, tell me exactly what happened.
AUDIO RECORDING: Uh, we heard a loud bang and a car pulled away from next door.
AUDIO RECORDING: I came over and looked in — the garage door was up and I thought the gentleman was backing out, and I went back to my house, but he never backed out. And I came back over and his driver's side window is shattered and he's battered and can't answer.
AUDIO RECORDING: 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: This location, correct?
AUDIO RECORDING: Right next door. I gave you mine. I don't know his address. That's what's next. Okay.
AUDIO RECORDING: He needs to get an ambulance in a hurry.
AUDIO RECORDING: He's alive.
AUDIO RECORDING: What's going on with him?
AUDIO RECORDING: I don't know. The driver's side window is all bashed in.
AUDIO RECORDING: He's inside. The car is running, and he's got blood all over his head.
AUDIO RECORDING: He's not responding to me.
AUDIO RECORDING: That number, by the way, is 2116.
AUDIO RECORDING: My name is Jim Geiger, G-E-I-G-E-R.
AUDIO RECORDING: You need to hurry.
AUDIO RECORDING: Yeah, I'm going to get him on the way to you. I just want to ask you a few questions, okay?
AUDIO RECORDING: Go ahead, but send them as you're asking.
AUDIO RECORDING: Yes, sir. They're already on the way, okay? Are you with him now?
AUDIO RECORDING: I'm standing right outside the garage door.
AUDIO RECORDING: Can you tell me how old he is?
AUDIO RECORDING: I don't know. He looks like maybe 35 or 40. It could be our neighbor. I can't tell. It could be the man who owns the house.
AUDIO RECORDING: And it's 2116 Trescott?
AUDIO RECORDING: That's right.
AUDIO RECORDING: Trescott Drive.
AUDIO RECORDING: Take it for me, okay? Okay.
AUDIO RECORDING: Change in the location. This is Trescott Drive, not Trescott Street.
AUDIO RECORDING: Tell EMS.
AUDIO RECORDING: All right, sir, I apologize about that. What was the... How old is the patient again?
AUDIO RECORDING: I'm sorry, I can't tell. He looks maybe 35 or 40. I don't know.
AUDIO RECORDING: Okay.
AUDIO RECORDING: And is he awake?
AUDIO RECORDING: He's just moving his head around, but he's not responding.
AUDIO RECORDING: I've called his name, asked what's going on, and I called his name to ask him what's happening.
AUDIO RECORDING: He's not responding to that, but his head's kind of rolling around.
AUDIO RECORDING: Okay. Okay, is he conscious?
AUDIO RECORDING: Well, I can't tell.
AUDIO RECORDING: Is he breathing?
AUDIO RECORDING: I can't tell that. I'm assuming he's breathing if he's moving his head around.
AUDIO RECORDING: Do you ever hear him talk or anything?
AUDIO RECORDING: Correct, in the driver's seat.
AUDIO RECORDING: The car's running.
AUDIO RECORDING: Is he in the — okay, where exactly is he? In the driver's seat?
AUDIO RECORDING: In the driver's seat.
AUDIO RECORDING: Is he in the garage, or?
AUDIO RECORDING: In the garage.
AUDIO RECORDING: Okay.
AUDIO RECORDING: Do him, sir?
AUDIO RECORDING: Sure, sure.
AUDIO RECORDING: Send in the paramedics to help you now. Just stay on the line. I'll tell you exactly what to do next, okay? If it's safe to do so, see if he is conscious and breathing or moving at all.
AUDIO RECORDING: Okay, it's not safe for me to do. I don't want to put my hand in here.
AUDIO RECORDING: Okay. Okay.
AUDIO RECORDING: All right, standing by.
AUDIO RECORDING: All right. Is there any other thing — you said there was another vehicle that you saw driving away?
AUDIO RECORDING: Yes, we heard a noise, a loud noise, and then I looked over and a car was backing up. It looked sort of like it was light colored, white or silver.
AUDIO RECORDING: I want to say it was a Prius, but it could have been a different car — but a small car, about that size. And it left the scene rapidly, which seemed to be unusual. There's usually not even a car over there, and I've heard about break-ins in the area, and so I decided to walk over and take a look, and the garage door was open and the car was running. And so I thought that was my neighbor and he's getting ready to back out, and so I walked back to my house, which is just a few feet away, and he never came out. So then I walked back over — he's still in there — and I thought I would go up and ask him what was happening, and then I saw the window was shattered and he's got blood all over his head.
AUDIO RECORDING: What did the vehicle that was driving away look like again?
AUDIO RECORDING: It looked sort of like a Prius, but I couldn't tell you for sure that it was a Prius. It was light colored, maybe white or silver.
AUDIO RECORDING: Okay, go ahead, but just tell the kids to hold on inside. They're okay.
AUDIO RECORDING: Tell them I'm out here.
AUDIO RECORDING: For now, okay, sir? Okay, I'm here. I got them on the way to you.
AUDIO RECORDING: Very good. I'm standing at the street, so if I see him coming down the street, I can direct him right in.
AUDIO RECORDING: Respond to you at all?
AUDIO RECORDING: Not to me.
AUDIO RECORDING: Did you holler at him or anything?
AUDIO RECORDING: Yeah, he didn't respond, but his head's kind of moving around.
AUDIO RECORDING: All right, now I'm standing at the street, so.
AUDIO RECORDING: Garage — it doesn't look like he crashed into the garage?
AUDIO RECORDING: No.
AUDIO RECORDING: Okay. Inside, the window shattered.
AUDIO RECORDING: The garage door was up.
AUDIO RECORDING: Vehicle dispatched from.
AUDIO RECORDING: Sure, give me a second. I'll try to see where they are, okay?
AUDIO RECORDING: I don't know. I'm standing at the street now trying to wait for your vehicle.
AUDIO RECORDING: You were checking on where it was?
AUDIO RECORDING: Yes, sir. Where it's coming from?
AUDIO RECORDING: Where is it coming from? I'm checking.
AUDIO RECORDING: Okay. Several people on the way.
AUDIO RECORDING: Looks like one person's coming from McClay Road.
AUDIO RECORDING: It may take him a while to get here. He's close to the hospital.
AUDIO RECORDING: I know it. I know the car's running and he's inside and his head's all bloody and he's not responding. Go ahead.
AUDIO RECORDING: So you're saying his head is bloody now?
AUDIO RECORDING: Yeah, it's been bloody. I mean, it's — the window shattered. I don't know if he's tried to shoot himself. I don't know what the situation is.
AUDIO RECORDING: Driver's side window, correct?
AUDIO RECORDING: That's correct.
AUDIO RECORDING: So an officer coming up the roadway.
AUDIO RECORDING: We need EMT.
AUDIO RECORDING: Well, the officer's going to be there first. They're not going to come until we figure out what's going on, but they're on the way as well, okay?
AUDIO RECORDING: You better be if this guy's got a shot.
AUDIO RECORDING: Yes, sir. They're on the way as well.
AUDIO RECORDING: It looks like he could be the officer now. Yeah.
AUDIO RECORDING: He's just coming up right now.
AUDIO RECORDING: Okay, I'm going to go ahead and let you go, sir. Okay. Okay, thank you.
MS. CAPPLEMAN: Mr. Geiger, when you observed the first responder arrive at the scene, that was at the 14 minute and 36 second point into that call. Is that accurate?
JAMES GEIGER: About it. It seemed a lot longer.
MS. CAPPLEMAN: All right. And during the time that we listened to that, 14 minutes and 36 seconds, Mr. Markel was still alive and moving.
JAMES GEIGER: That's correct.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Any juror have a question of this witness? Just raise your hand. Write it down on a piece of paper. We'll go to the sidebar. Mr. Bailiff, would you like a question?
JUDGE HANKINSON: I just wanted to clarify, Mr. Geiger, which is your house and which was Dr. Markel's house?
JAMES GEIGER: What's that?
JUDGE HANKINSON: Okay, it's this button right there. Right there, little red dot.
JAMES GEIGER: This is my house right here, let's mark out the house.
JUDGE HANKINSON: Any follow-up from the attorneys?
JUDGE HANKINSON: All right, you can step down, Mr. Geiger. Do we need to keep him further?
JUDGE HANKINSON: Either side, y'all need him for any reason?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: You need Mr. Geiger's held for any reason?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right, you're excused, Mr. Geiger. Free to go about your business.