Daren Schwartz — Direct/Cross
145 linesAudio is missing at the beginning of Schwartz direct.
MS. NORRIS: Did you have back in July of 2014?
DAREN SCHWARTZ: Approximately 20.
MS. NORRIS: Are any of the vehicles that you rented at your company — do they have SunPass transponders on them?
DAREN SCHWARTZ: They all do.
MS. NORRIS: And what are SunPass transponders?
DAREN SCHWARTZ: It's a small sticker — a square sticker — that I install on the inside of the windshield of the vehicle.
MS. NORRIS: Is each transponder that you have for your rental cars come with, like, a unique identification number?
DAREN SCHWARTZ: Yes.
MS. NORRIS: And are you the one who actually affixes each transponder to each vehicle?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Once you have affixed one of them to a certain vehicle, is it transferable? Like, can you just pull it off and stick it on a different car?
DAREN SCHWARTZ: No. Typically, when you pull it off, it's destroyed.
MS. NORRIS: And where do you place these on your rental cars?
DAREN SCHWARTZ: On the inside of the windshield, behind the rearview mirror.
MS. NORRIS: So in the center area?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Do you keep track of which transponders you're affixing to which vehicles over time?
DAREN SCHWARTZ: Yes.
MS. NORRIS: And, say, for example, you put a transponder on one particular vehicle — you would note that that unique identifying number on the transponder goes to the vehicle with a certain VIN number, certain tag number?
DAREN SCHWARTZ: Yes. I register with SunPass, and then I also have an internal list in my office.
MS. NORRIS: If a customer comes to your rental place and they want to rent a car, and they end up going on toll roads, do you just split the bill, or does the customer have to pay once they return the car? How does that work?
DAREN SCHWARTZ: No. Upon return, we pull up that SunPass on that car and settle up then.
MS. NORRIS: Do you remember back in July 2014, approximately how many Toyota Priuses you had?
DAREN SCHWARTZ: Approximately ten.
MS. NORRIS: Do you remember how many of them were greenish or silver?
DAREN SCHWARTZ: Two.
MS. NORRIS: The two that you did have at that time, were there any differences between those two Toyota Priuses?
DAREN SCHWARTZ: Yes. The primary difference was one had aftermarket wheels — aftermarket rims.
MS. NORRIS: Did your company rent one of those Toyota Priuses to a Luis Rivera back in July of 2014?
DAREN SCHWARTZ: Yes.
MS. NORRIS: And is there a contract that documents that rental agreement between your company and Mr. Rivera?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Is that the rental agreement between Save Gaps — which you previously mentioned was the hybrid — and Luis Rivera?
DAREN SCHWARTZ: Yes.
MS. NORRIS: And the certificate of authenticity on the back — you filled that out yourself?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Questions about this contract.
MS. NORRIS: The Toyota Prius that was rented to Mr. Rivera — was this the one with the aftermarket rims, or without the aftermarket rims?
DAREN SCHWARTZ: Without.
MS. NORRIS: So they would just be the normal standard wheels on the car?
DAREN SCHWARTZ: Correct — stock from the factory.
MS. NORRIS: Does this contract indicate that there were tolls that were owed upon the return of the vehicle?
DAREN SCHWARTZ: Yes.
MS. NORRIS: I was asking about this word "brother" with a phone number next to it at the top of the agreement. Do you recognize that handwriting?
DAREN SCHWARTZ: Yes.
MS. NORRIS: How do you recognize it?
DAREN SCHWARTZ: That's my handwriting.
MS. NORRIS: Okay. And did you fill out this contract?
DAREN SCHWARTZ: No.
MS. NORRIS: You wrote the one notation — the 786-372-5986 number?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Do you recall why you wrote that on the agreement?
DAREN SCHWARTZ: Yeah. As the owner of the company, I try to get any contact information for anyone that's renting the car, or maybe anyone that might be with the person renting the car, so that I have contact info.
MS. NORRIS: So you have an alternative way to get in touch with the renter?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Do you have independent recollection of why you wrote "brother" on this one?
DAREN SCHWARTZ: No, but it could have been someone with the person renting the vehicle.
MS. NORRIS: Such as Luis Rivera?
DAREN SCHWARTZ: Yes. Most likely.
MS. NORRIS: We — We talked about, um, the Prius that was rented in this particular contract not having aftermarket rims, that it had the standard manufacturer's rims on it. Do you remember if it had any replacement parts on it?
DAREN SCHWARTZ: Yes, I remember this car had a black passenger side mirror. I'm sure at some rental it got wrecked.
MS. NORRIS: Yes. And do you keep on stock replacement parts when a vehicle comes back damaged?
DAREN SCHWARTZ: I have some parts on stock. If not, there's aftermarket parts that are readily available.
MS. NORRIS: And if you're replacing a side mirror, what color are those replacement ones? You may have said black.
DAREN SCHWARTZ: Black.
MS. NORRIS: Do you always paint them to match the remaining body of the car?
DAREN SCHWARTZ: Highly unlikely that I paint them.
MS. NORRIS: What about tow clips? Did either of these vehicles — meaning the Prius, the Toyota Priuses — did either of them have tow clips on the car?
DAREN SCHWARTZ: I mean, the Prius has a tow clip on the front bumper, and it's very common they fall off. It's a little clip that comes off the front bumper so you can hook a metal rod onto it so the tow truck can pull the vehicle up on the flatbed. They do have a little square cover.
MS. NORRIS: And these covers are the things that fall off?
DAREN SCHWARTZ: Yes.
MS. NORRIS: What about GPS trackers? Do any of your cars have GPS?
DAREN SCHWARTZ: Yes, they all do.
MS. NORRIS: Do you use a certain company to monitor the vehicles' locations via the global positioning system? And which company is that?
DAREN SCHWARTZ: Spirion.
MS. NORRIS: Do you know how frequently the GPS trackers track the location of the rental cars?
DAREN SCHWARTZ: Yes, it automatically tracks itself once a day.
MS. NORRIS: Like once every 24 hours or every 25?
DAREN SCHWARTZ: Every 24 hours, give or take.
MS. NORRIS: Your Honor, at this time, I'd offer into evidence what I've marked for identification as State Exhibit 91.
MS. NORRIS: These are the business records from Spirion for the GPS information, with an attached certificate of authenticity.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No, Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It'll be admitted.
MS. NORRIS: When this Prius was returned to your company back in July of 2014 — actually, do you remember what day it was returned?
DAREN SCHWARTZ: I can look at the contract and tell you. It's probably on the bottom of the contract.
MS. NORRIS: Yes. What date was it returned?
DAREN SCHWARTZ: It would be July 21st, the bottom right.
MS. NORRIS: And when the vehicle was returned, did you notice any damage to it?
DAREN SCHWARTZ: I did not notice any damage.
MS. NORRIS: Tell the jury about when a vehicle is returned. Do you thoroughly clean the vehicle from top to bottom and examine it in great detail?
DAREN SCHWARTZ: Being a small company, I do not thoroughly clean the vehicles.
DAREN SCHWARTZ: Do you strike that? Unless they're destroyed, I would notice that. But otherwise, they come in the way they go out.
MS. NORRIS: So your turnaround process is minimal as far as cleaning or repairing anything?
MS. NORRIS: Do you still own that Prius?
DAREN SCHWARTZ: No.
MS. NORRIS: What did you do with it?
DAREN SCHWARTZ: I sold it.
MS. NORRIS: To whom?
DAREN SCHWARTZ: I don't recall who I sold it to.
MS. NORRIS: Do you recall about when you sold it?
DAREN SCHWARTZ: No.
MS. NORRIS: Do you know the defendant in this case, Sigfredo Garcia?
DAREN SCHWARTZ: I've met him before.
MS. NORRIS: And that's through him renting vehicles at your company?
DAREN SCHWARTZ: I don't recall if Sigfredo ever rented a vehicle, but just being there — and a gentleman that used to work for me, they were friendly.
MS. NORRIS: And maybe hanging out near the business?
DAREN SCHWARTZ: Yes.
MS. NORRIS: At some point, once TPD began the investigation in this murder case, did they reach out to you and ask for information about that unique identifying SunPass transponder that was on this Toyota Prius?
DAREN SCHWARTZ: Yes, I had two different visits. The first visit, I think the gentleman asked me for information.
MS. NORRIS: And did you provide all the information that you had for this particular Prius — the tag, the VIN, the SunPass transponder number, all of that information — over to the investigators?
DAREN SCHWARTZ: Yes.
MS. NORRIS: Thank you. I have no further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: Good afternoon. Do you recall — or were you working that day that the Prius was rented?
DAREN SCHWARTZ: I believe I was there that day. That's why my handwriting would be on the application.
MR. ZANGENEH: And you indicated that you are the one that wrote "brother" and the phone number at the top portion of the contract. Is that correct?
DAREN SCHWARTZ: That's my handwriting, yes.
MR. ZANGENEH: I'm sorry, I didn't mean to cut you off.
MR. ZANGENEH: Did you say that was your handwriting?
DAREN SCHWARTZ: Yes, sir.
MR. ZANGENEH: And is it your testimony that Sigfredo Garcia entered the car rental area with Luis Rivera?
DAREN SCHWARTZ: No.
MR. ZANGENEH: Luis Rivera went in by himself?
DAREN SCHWARTZ: Yes, as far as I know.
MR. ZANGENEH: Did you know who Luis Rivera was from the past?
DAREN SCHWARTZ: I don't know if I had any previous interactions with him.
MR. ZANGENEH: Did you know who he was?
DAREN SCHWARTZ: I rented a vehicle to him, so I met him at that time.
MR. ZANGENEH: Prior to that, had you met him before?
DAREN SCHWARTZ: Not as far as I know.
MR. ZANGENEH: And he entered your establishment and provided identification to rent this vehicle from you?
DAREN SCHWARTZ: Yes.
MR. ZANGENEH: And would it be safe to say that since Sigfredo Garcia wasn't in the business with you, you took the information from Luis Rivera and then drafted that note?
DAREN SCHWARTZ: That's correct.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: One brief second, Your Honor.
MR. DECOSTE: No questions, Your Honor. Thank you.
JUDGE HANKINSON: Redirect.
MS. NORRIS: No questions, Your Honor.
JUDGE HANKINSON: Any jurors have a question of this witness?
JUDGE HANKINSON: You may step down. Do we need to keep him any further? You're excused. Thank you for being here. Call your next witness.