IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE 4 || STATE OF ALASKA, 2 Fl AD WEP ee Av s Plaintiff, Date: aa . 2 ) 1 || JOSHUA DANIEL ALMEDA, ) DOB: 7/3/1991 ) 8 || APSIN ID: 7197675 ) DMV NO. 7124134 AK ) 9 || ATN: 114-410-178 ) ) 10 Defendant. ) INDICTMENT ag Um oe tO (eof win orl tg ee a| teseecr cm a i a i ES 4 ‘crime of an address ce mune na waco cbt preening and store of he information was ordered by the court. vs || | retain ns ange ssn neti DOMESTIC OLENCE ea AS 14.6990: ALL 16 Count I - AS 11.46.482(2)(1) Criminal Mischief In The Third Degree " Joshua Daniel Almeda - 004 ¢ g 1B Count I- AS 11.46.482(@)(1) S28. 9 Criminal Mischief In The Third Degree sae i Joshua Daniel Almeda - 005 Begg » bode 7 ‘THE GRAND JURY CHARGES: gesa Count Esse ie “that on or about May 28, 2013, at or near Anchorage inthe Third Judicial 25 g°s = District, State of Alaska, JOSHUA DANIEL ALMEDA, having no right to do so or any G reasonable ground to believe he had such aright and with intent to damage property of another, damaged property of another in an amount of $500 or more, to wit* Cha_i 3, eeeDISTRICT ATTORNEY, STATE OF ALASKA ‘310 K STREET, SUITE 520 ANCHORAGE, ALASKA 99501 PHONE: (907) 269-6300 9 a Mai Gpicc _ Grind Jury Fortpeion ir cinss C felony offense being contrary to and in violation of AS 11.46.482(a)(1) and against the peace and dignity of the State of Alaska, Count IT That on or about May 28, 2013, at or near Anchorage in the Third Judicial District, State of Alaska, JOSHUA DANIEL ALMEDA, having no right to do so or any reasonable ground to believe he had such a right and with intent to dama: property of another, damaged property of another in an amount of $500 or more, 40 wrt? hewe StS All of which is a class C felony offense being contrary to and in violation of AS 11.46.482(a)(1) and against the peace and dignity of the State of Alaska. DATED this _[S_ day of August, 2013 at Anchorage, Alaska. Atrue bill C XQ jo. LOL 104 WITNE! Kimber Dube Bremtarkee Yovin, Aernst rons Ww Indlicrment State v. Joshua Daniel Almeda, 3AN-13-8812 CR Page 2 of 2s 5 is i 05 eek beg sage peas pegé al SUPERIOR COURT FOR THE S@\TE OF ALASKA (IRD JUDICIAL DISTRICT AT ANCHORAGE STATE OF ALASKA, FILED iy BD) 29 RT Plaintiff, Date LE, JOSHUA DANIEL ALMEDA, DOB: 7/3/1991 APSIN ID: 7197675 DMV NO. 7124134 AK ATN: 114-410-178 Defendant. Court No. 3AN-13-5812 CR INFORMATION ADDING MISDEMEANOR COUNT TO INDICTMENT | cat this document and its attachments do ot cotan the (I) name ofa vic ofa sexu! offense listed in AS 12.6.140 or 2) reridence or butiners addres or telephone sume of victim of or wites to any offense ules it is an aes identifying the place of (rime or an drs or elephone umber in «wars of cout proceeding and disclosure ofthe information was ordered by the cour. ‘The folowing counts charge crime involving DOMESTIC VIOLENCE ts defined in AS 18.56.990: Count Ill On Count III - AS 11.41.230(a)(1) Assault In The Fourth Degree Joshua Daniel Almeda - 002 Count IV - AS 11.61.210(a)(3) Misconduct Involving Weapons In The Fourth Degree Joshua Daniel Almeda - 003 THE DISTRICT ATTORNEY CHARGES: Count 111 ‘That on or about May 28, 2013, at or near Anchorage in the Third Judicial District, State of Alaska, JOSHUA DANIEL ALMEDA recklessly caused physical injury to another person. All of which is a class A misdemeanor offense being contrary to and in. violation of AS 11.41.230(a)(1) and against the peace and dignity of the State of Alaska.6 7 8 9 10 n R B 4 15 16 7 18 abe 9 Ege 2 age ESB oa ege bau 5 2 322 ag* Z2 2B 28 26 EEE Count IV That on or about May 28, 2013, at or near Anchorage in the Third Judicial District, State of Alaska, JOSHUA DANIEL ALMEDA discharged a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A). All of which is a class A misdemeanor offense being contrary to and in violation of AS 11.61.210(a)(3) and against the peace and dignity of the State of Alaska. Dated at Anchorage, Alaska, this 19 day of August, 2013, MICHAEL C. GERAGHTY ATTORNEY GERERAL Information Adding Misdemeanor To Indictment State v. Joshua Daniel Almeda, 3AN-13-5812 CR Page 2 of?310 K STREET, SUITE 620, ANCHORAGE, ALASKA 99501 PHONE: (907) 260-6300 E DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE STATE OF ALASKA, Plaintiff, FILED, IN OPEN GOURT May 29 2013 vs. JOSHUA DANIEL ALMEDA, DOB: 7/3/1991 APSIN ID: 7197675 DMV NO. 7124134 AK ATN: 114-410-178 Defendant, No. 3AN-13-5812 CR INFORMATION {erty this dosument and its stachments do not contin the (1) name of a victim ofa sexual offense listed in AS 12.61.140 of @) residence or busines adress or telephone number of aici of or wines to any offense ues is an aes identifying the pace of ¢ ‘rime or an address or lephone umber in a tanscrp of cout proceeding nd igloo of th information was ordered by the oun. ‘The following counts charge crime involving DOMESTIC VIOLENCE ss defined in AS 18.66.990: Count IV. Count I - AS 11.41.230(a)(1) Assault In The Fourth Degree Joshua Daniel Almeda - 002 Count II - AS 11.61.210(a)(3) Misconduct Involving Weapons In The Fourth Degree Joshua Daniel Aimeda - 003 Count III - AS 11.46.482(a)(1) Criminal Mischief In The Third Degree Joshua Daniel Almeda - 004 Count IV - AS 11.46.482(a)(1) Criminal Mischief In The Third Degree Joshua Daniel Almeda - 005IRNEY CHARGES: Count I That on or about May 28, 2013, at or near Anchorage in the Third Judicial District, State of Alaska, JOSHUA DANIEL ALMEDA recklessly caused physical injury to Kimber Dube. All of which is a class A misdemeanor offense being contrary to and in violation of AS 11.41,230(a)(1) and against the peace and dignity of the State of Alaska. Count It 9 That on or about May 28, 2013, at or near Anchorage in the Third Judicial 10 |} District, State of Alaska, JOSHUA DANIEL ALMEDA discharged a firearm with 11 || reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195(a)(3)(A). All of which is a class A misdemeanor offense being contrary to and in violation of AS 11.61.210(a)(3) and against the peace and dignity of the State of Alaska, Count 15 That on or about May 28, 2013, at or near Anchorage in the Third Judicial 16 || District, State of Alaska, JOSHUA DANIEL ALMEDA, having no right to do so or any 17 |] teasonable ground to believe he had such a right, and with intent to damage property of another, damaged property of another in an amount of $500 or more. ' { t All of which is a class C felony offense being contrary to and in violation i i i : of AS 11.46.482(a)(1) and against the peace and dignity of the State of Alaska. age Count IV | i i ge al ‘That on or about May 28, 2013, at or near Anchorage in the Third Judicial 26 é 22 |) District, State of Alaska, JOSHUA DANIEL ALMEDA, having no right to do so or any 52" 23 || reasonable ground to believe he had such a right, and with intent to damage property of another, damaged property of another in an amount of $500 or more. All of which is a class C felony offense being contrary to and in violation of AS 11.46.482(a)(1) and against the peace and dignity of the State of Alaska, Tnformation | State. Joshue Aimed; 3AN-13-5812 CR | ) Page 2 of4 | | RE PUT OR TS Aohformation is based upon a BW of police report 13-22615 submitted to date. On May 28, 2013, Anchorage Police responded to a residence on 33rd ei Avenue referencing an assault. Officers contacted Kimber Dube who reported that her boyfriend, JOSHUA ALMEDA, assaulted her, Dube reported that the evening prior, || she and ALMEDA were at her house and that ALMEDA drank half a pint of alcohol, to || the point that he could not walk. Dube at that point decided to just go to bed. She was 8 || in bed and ALMEDA was sitting on the end of the bed when ALMEDA picked her up and threw her on the floor and she hit the door frame. ALMEDA grabbed her by the hair and pulled out a chunk of her hair and started dragging her to the living room. He held her head down and was punching her in the head. He then grabbed a mirror off the || wall and hit her in the rib cage with it. ALMEDA had her pinned to the floor with his knees on he hhoulders and continued to punch her. She fled the house in a tank top and went to ALMEDA’s parents’ home. ALEMDA’s parents gave her some pants to wear '4 || and then went to her house to retrieve their son. When Dube returned to the residence, 15. | just before police arrived, ALMEDA was gone and she noted bullet holes in the wall, window, and in her car door. She noted that the gun she kept in a drawer in her room Was gone now. Neighbors reported hearing popping sounds just after midnight Officers noted that Dube had an abrasion on her right side torso near her ribs, a scratch under her armpit, swelling to her left eye, a bruise on her upper lip, and several areas on 5 i 5 Information State v. Joshua Almeda; 3AN-13-5812 CR Page 3 of 4 gis her sealp where ALMEDA had pulled her hair out. Officers located a .380 pistol and Be *0 || ALMEDA’s father admitted that he found the gun on the ground next to his son at jgSB on | Dube’s residence, and that he cleaned up the residence and moved the gun. When i 3 Z 2» | interviewed, ALMEDA told officers he did not recall what happened last night because age zy || he blacked out from drinking pe |wiv 8 OI MEET, SUITE 520 ANCHORAGE, ALASKA 99501 PHONE: (207) 269-6300 2 B 9 20 21 ‘BAIL INFORMATION According to the Alaska Public Safety Information Network, defendant Joshua Danie! Almeda has the following criminal convictions: conv conv convrerme court POS FEL AIN court are CHARGE Docker rp. DAN 10/31/12 RESIST/INTERPERE WITH OFFICER 3AN-22-10447 Y N 133951268 pan 10/04/32 VRMICLE THEFT 1-TAKE VEH, AIR OR W Jam-az-sio7 NN 113967963 DAN gg/gx/22 DISORD conDucr-cHALLENGE'T0 FIGHT 3aN-1i-6i9) ya 313484213 DAN pa/az/32 VIOUATE CONDITION OF RELEASE FOR ¥ 3AN-10-11251 6 112902966 DAN 02/22/11 OPERATING UNDER THE INFLUENCE 3AN-10-13715 Y N 113454036 DAN 02/22/11 DUI- ALCOHOL/CONTR SUBST 3AN-10-12232 ¥ N 112902966 DAN 02/22/11 MISC/WEAPONS 4- POSSESS WILE INTO 3aN-10-i1731 y 112902966 A Dated at Anchorage, Alaska, this JA” day of May, 2013. MICHAEL C. GERAGHTY ATTORNEY GENERAL, By: COC ade nSQpo ennaus Christina Sherman Assistant District Attorney Alaska Bar No, 0911061 Information State v. Joshua Almeda; 3AN-13-5812 CR Page 4 of 4310K Steet Suto 308 ‘Anchorage, AK 99891 DEPARTMENT OF LAW 2 ‘310K Street, Sute 308 CRIMINAL DIVISION eae ak meet (907) 269-7939 October 30, 2013, The Honorable Michael R, Span Superior Court Judge Anchorage, AK Via Fax (907) 264-0503 and email to A. Vigil Re: Grant of Immunity 1o Shannon Almeda Testimony regarding: State v. Joshua Almeda, 3AN-13-05812 CR Dear Judge Spaan: 1am in receipt of your letter of October 29, 2013, in which you find thai Ms. Shannon Almeda has a Fifth Amendment privilege. Based on my knowledge in this case, I believe it is important for the jury to hear her testimony. Therefore, as the Attorney General's designee, the ‘State of Alaska grants her immunity, as required by Alaska Statute 12.50.101(a), for her testimony in this case. This is a grant of "transactional immunity" as described in Staie v. Gonzalez, 825 P.2d 920, 923 (Alaska App. 1992), afd. 853 P.2d 526 (Alaska 1993). The immunity granted by this letter does not protect her from prospective perjury; that is, knowingly giving a false statement under oath. Based on this grant of immunity, if she is called to testify as a witness at the trial, she will be expected to answer all questions completely and truthfully. Please fuumish copies of this letter to all counsel. Sincerely, MICHAEL C. GERAGHTY ATTORNEY GENERAL. by Ler Clan reggory M. Olson: Z Assistant Attomey General ABA # 8903008‘SEAN PARNELL, GOVERNOR ating: 310K Sued, Suta208 Anchorage, AK 86801 DEPARTMENT OF LAW Delivery: S10 KStrect Sut 208 CRIMINAL DIVISION Phone: ones ‘Fax: (907) 260-7939 October 30, 2013 ‘The Honorable Michael R. Spaan Superior Court Judge Anchorage, AK ‘Via Fax (907) 264-0503 and exaail to A. Vigil Re: Grant of Immunity to Phillip Almeda Testimony regarding: State v. Joshua Almeda, 3AN-13-05812 CR Dear Judge Spaau: ‘Lam in seceipt of your letter of October 29, 2013, in which you find that Mr. Phillip ‘Almeda has a Fifth Amendment privilege. Based on my knowledge in this case, 1 believe it is important forthe jury to hear his testimony. Therefore, as the Attomey Genoral’s designee, the State of Alaska grants him immunity, as required by Alaska Statute 12.50.101(a), for his testimony in this case. ‘This is a grant of "transactional immunity" as described in State v. Gonzalez, 825 P.2d 920, 923 (Alaska App. 1992), aff. 853 P.2d 526 (Alaska 1993). ‘The immunity granted by this letter does not protect him from prospective perjury; that is, knowingly giving a false statement ‘under oath. Based on this grant of immunity, ifhe is called to testify as a witness atthe trial, he vill be expected to answer all questions completely and truthfully. Please furnish copies of this letter to all counsel. Sincerely, MICHAEL C. GERAGHTY ATTO) GENERAL m o— ‘Gregory M. Olson Assistant Attorney General ABA # 8903008 By:Tuesday, October 29, 2013 Clerk: C. White Plaintiff: State of Alaska vs. Defendant's Name: Case No: Dos: Address: Joshua Almeda 3AN-13-05812CR Type of Proceedings: Jury Trial Day 2 Counsel Present: Plaintiff: 8. Wohifeil, Asst. District Attlomey Defendant: L. Johnson, Public Defender Defendan Present / Not in Custody Transport Order: Other Court Orders: Next Court Date(s) ai Summary of Proceedings: Sealed Portion Contained Original log note sent to exhibits Clerk - Admitted Exhibits - 1, 3-21, 27, 28-41, 90-95 96-102, 103-104, 105-108 G & O 46:50 AM | On record Prospective Panel Absent Court identifies case and parties 847:13AM | Mr. Johnson Withdraws Thome Motion Going to object to text msgs. As hearsay [Link]. AM | Mr, Wohifeil ‘Sent subpoena yesterday Ms. Almeda was willing to meet Officer at 730 this morning ass10aM | Prospective Panel Present 8:66.03 AM | Jury Sworn in and Impaneled 8:5629AM | COURT: Instructs mae || Jury Absent 91317 AM | COURT: Addresses Mr. Almeda re: Levigne Inquiry [Link] AM Jury Present [Link] AM | Opening Statement by Mr. Wohifeil [Link] AM | Opening Statement by Mr. Johnson 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 1 of 12[Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM Witness Sworn/Affinmed; Karen Landis Direct Examination by Mr. Wohifeil (address (talked to officer 29" or 30” of May (heard something on the 28" {in bedroom just after midnight had been reading (heard 2 noises sounded like gun (the next morning daughter was talking she heard same thing Exhibit(s) Identified 4 Map (map of neighborhood (see apt. complex on map Witness marks on map in green circles neighborhood Gross Examination by Mr. Johnson (heard 3 shots just after midnight (was up reading (wake about 645 am for work (heard shots within couple minutes of tuming off Nook Redirect Examination by Mr. Wohifeil (Gidn't see what caused Witness excused Witness Sworn/Affirmed: ‘Aaron Dube Direct Examination by Mr. Wohifeil (father of Karen Dube (live in Anchorage 2800 W. 33% Ave (daughter's address {about half block from my residence (yes daughter owned handgun at the time (daughter called said assaulted Mr. Johnson Objection, hearsay Court - sustained (called sister and met at daughters home (within minutes, daughter opened garage, house in disarray bullet holes in walls (bullet hole through master bedroom window (appearance area cleaned up (things not where should be but lined up (Kimber gave statement to Officer Lee ‘BAN-13-05612CR 10-29-13 Jury Trial Day 2 Page 2 of 12[Link] AM [Link] AM [Link] AM [Link] AM 40:18 AM, [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM. [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM (ister arrived police took statements evidence gathered daughters injuries photographed (found bullet casings, know bullets gave daughter, found gun later (ejector rod had been bent out of position someone trying to unload and didn't know what doing (found in cabinet in kitchen concealed under towel (1* shell casing found by my sister, found other 4 on kitchen counter (one of bullets had gone out through kitchen window (daughters house close to 4-plex had a laser pointer with, looked at back of that wall no damage to wall Exhibit(s) Identified 42-89 Photos: BEGIN BENCH CONFERENCE END BENCH CONFERENCE (Exhibit 42- hallway looking into daughters BEGIN BENCH CONFERENCE END BENCH CONFERENCE (have reviewed photos (fairly and accurately reflect daughters house Exhibit(s) Identified 4 (yes, aerial map Witness marks on Exhibit 1 with black marker circles /initials A.D. for his house Cross Examination by Mr. Johnson (daughter called around Sam Witness excused Witn jornlAffirmed: Kimber Dube Direct Examination by Mr. Wohifeil (live in Anchorage (don't work, am a student (currentiy not in schoo! due to traveling back and forth for court (medical student, Portland University (Tumagain neighborhood (owned the property since 2002 (lived there and rented it out (know Joshua Aimeda here in Court (wearing gray jacket wi Id's Defens t (known since about April (met him through mutual friend (became friend, became more than friends 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 3 of 12[Link] AM [Link] AM [Link] AM 10.00:14 AM [Link] AM [Link] AM 1013431 AM [Link], AM [Link] AM (intimate friends, had a romantic relationship a (when first met was dating the mutual friend, Joshua also had a girifriend when met (about 2 weeks before dated (was housesitting/ babysitting for my boss, also working at a Palatis studio (stayed at the house took kids to daycare (Mr. Almeda came over muttiple times (last date was May 28” — date of incident, had cooked dinner for kids (made dinner parents were coming home put kids to bed was going to meet Josh at my house (parents came about 11pm (he met at my house, my car was parked behind his truck agreed he'd take my car (own 2007 White BMW — (pulled up garage open, had text him told on way home (he met in driveway, asked if hungry, said wanted to grab something quick (he got in truck started driving (said not real hungry just wanted to spend time with (should just get some beer and relax (he had drank part of pint, as entered through garage, started getting ready for bed (he met in bedroom, asked to drink with, told didn't fee! like drinking had to work next moming (was laying in bed we were going to take picture together (he picked up and through on floor and hit, punched in left eye with right hand (was taken aback didn’t know what set him off (didn’t know why he'd hit there was no conflict to cause escalation (asked what is wrong, he brushed off le that is normal, got back in bed (hadn't been around Josh when drunk, didn't know if history of being angry when drunk (very drunk, slurring, swaying (tried to get him to go to sleep (tried to get him to lay down, tried to go to kitchen to get away (drug down hall ike rag doll (in dining room, have a mirror that goes to ceiling, antique handmade, (hit wall and mirror fell on us (Josh was hitting on sides, table gets pushed against wall, slipped from under him got maybe a foot away, grabbed by hair again threw on floor (he was laughing at, then he started saying a bunch of personal things to that he'd learned about \ (he was sitting on a bringing up things like don't deserve to have kids BEGIN BENCH CONFERENCE END BENCH CONFERENCE ‘On record Jury Absent SEALED PORTION BEGINS x SEALED PORTION ENDS COURT: Find that Ms. has ris E \dment privilege for a Class C Felony Mr. Wohifeil Will ask for immunity SAN-13-05812CR 10-29-13 Jury Trial Day 2 Page 4 of 12[Link] AM [Link] AM [Link] AM [Link]. AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM ‘COURT: Wil draft letter to Ms. Seeton Mr. Wohifeit Have text msgs. Between Ms. Dube and Mr. Aimeda COURT: His text not hearsay, hers are Mr. Wohifeil His to show context ‘Mr. Johnson ‘What received yesterday was text between Joshua Almeda and Philip Almeda with Ms. Dube Don't see way around confrontation ‘Want to know what talking about in text Fact he apologizes is not, don’t think relevant think highly prejudicial as admission By adopting her statements dury Present Witness Previously Sworn/Affirmed Resumes Stand: Kimber Dube Direct Examination by Mr. Wohifeil continues (we were in the living room (Josh is hitting in my face, in / out consciousness (phone in hand couldn't see phone, lit up, somehow called Kelsie, Josh’s ex-girlfriend, he looked at phone and stopped hitting (from call log the duration from when first called someone if Josh angry if had ever hit someone ‘was about an hour (drove to Josh's parent's house, as driving down 33°, passed parent's house (idea of showing up at parent's house showing up bloody and telling someone they'd never met hit me didn’t seem like a good idea (thought would escalate situation (didn’t know if Josh would hit my parent's (knocked on door rang bell (sister finally answered said parents upstairs ran up there {his mom tried to help didn’t have on pants, his dad got dressed asked address, his dad asked it own a gun (gave them address and directions {they left we all left (they were in bed lights were all off (closer to the 1am hour (father asked if owned gun, was surprised by question < {they asked for directions we all left (didn't see them leave (our mutual friend lived near, went to a friend’s house (went to Wil's house and then Jack's house, Jack answered helped clean up (woke about 8am next morning (used Jack's phone to call someone don't recall who (eventually called my dad 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 5 of 12(must've called Will he got phone from Josh's mom, got called my dad (at that time didn't have intentions of calling police (knew that Josh [Link] AM | BEGIN BENCH CONFERENCE 14:0602 AM | END BENCH CONFERENCE | 06:04am | (didn't want Josh to get in trouble, drove Josh's truck (eventually called police, got home saw bullet holes, was too much ‘over but none on floor, (father arrived within minutes alone, aunt arrived minutes later {was teling them what happened then police showed up (told police what happened they took pictures, then left | (yes, own gun .38 revolver handgun (in room in closet that is where had left it (owned just under a year (keep ammo in house [Link] aM | (have 4 boxes of ammo, kept on shelf {also looking for the keys to car, found casings 5 | (old police officer that was outside that found casings (saw bloody paper towels in trash can (White BMW in driveway (estimated damage to house and car $5000 (car was $3000 so far and house $2000 so far [Link] AM | BEGIN BENCH CONFERENCE 14:1726 aM | END BENCH CONFERENCE [Link] am | (physically in pain was in and out of consciousness, (worst pain ever (he had been drinking, (was not drinking that night myself (prior to that day hadn't fired gun {Mi Almeda had been to house less than 5 times / 3 times (no one else in house that night not expecting anyone ( [Link] AM | Mr. Johnson Objection, relevance [Link] AM | Court — overruled [Link] AM | (there were his clothes {there were stil sore in his truck, knew no one else's clothes there 3AN-13-08812CR 10-29-13 Jury Trial Day 2 | (it was loaded on top she in closet had clothes folded wrapped in towel (gun wasn't there when returmed to house, it was in kitchen on chef (didn't see who put there, we were ooking around, when went fo se (when finally found keys went out to car, where handle is 2 bullet holes (saw table pushed against wall, mirror off wall, was ‘covered in blood, not wearing pants, blood all (thought with blood from nose and all blood on my legs, should've been blood in house ¢ if gun in closet it wasn’t {the hitting is what sticks with the most, when he was laughing and saying things that hurt {said don’t deserve to have kids, don't deserve to live, or be happy In & relationship Page 6 of 1214.2221 AM [Link] AM [Link] AM [Link] AM. [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM (Exhibit 1 - map of neighborhood, fairly and accurately depicts ¢ Exhibit(s) Offered 4 Admitted Exhibit(s) 4 Exhibit{s) Identified 28-44 Photos {Juror Cell phone} (recognize police took pictures moming after Exhibit(s) Offered 28-41 Admitted Exhibit(s) = 44 (Exhibit 28 — full body Ms. Kimber Dube (Exhibit 29 — Face of Kimber Dube cheeb/eye (Exhibit 30- mirror fell hit right side of body (Exhibit 31 - close up photo of ribs (Exhibit 32 - close up ribs with scale (Exhibit 33 — forearm there is bruising near armpit left arm (Exhibit 34 - close up forearm purple bruise (Exhibit 35 - same (Exhibit 36 — face nose, cheek, eye swollen (Exhibit 37 — close up of eye left side (Exhibit 38 - close up eye left side to scale (Exhibit 39 - cheek numb photo of swelling (Exhibit 40 — missing 3 chunks of hair (Exhibit 41 — missing hair Exhibit(s) Identified 95 (recognize photos, accurate (Exhibit 90- cell phone, shows crack (Exhibit 91- cell phone (Exhibit 92 — cell phone (Exhibit 93 — ring finger, double the size (Exhibit 94 — ring finger opposite side of finger (Exhibit 95 — shows swelling ibit fered 9 Admitted Exhil 90- (explains exhibits 90-95 Exhibit(s) Identified 42-89 Photos 3AN-13-08812CR 10-29-13 Jury Trial Day 2 (10 pairs shoes, 10 pairs pants, clothing got there that day, wasnit there Page 7 of 12[Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM Exhibit(s) Admitted Exhibit(s) 7 42.89 - (Exhibit 42 ~ (Exhibit 43 - (Exhibit 44 — (Exhibit 45 - (Exhibit 46 - (Exhibit 47 - inside closet back side of wall (Exhibit 48- close up of closet (Exhibit 49- (Exhibit (Exhibit 54- window shot in bedroom, can see neighbor's house (Exhibit 55- close up broken glass (Exhibit 56- shades were shut when shot (Exhibit 57 - close up with shades shut (Exhibit 58 - close up bullet hole (Exhibit 59 — shell casing (Exhibit 60 - gun in cupboard (Exhibit 63- broken (Exhibit 65- (Exhibit 66- Josh's 1D (Exhibit 67 - stuff on table, (Exhibit 68 — broken picture frame (both ends came undone (Exhibit 69- car (Exhibit 71- bullet holes in car (Exhibit 75- interior where bullet {Exhibit 76- bullet went through door, through ignition (Exhibit 79- bloody towels in trash (Exhibit 80- close up (Exhibit 81 - comforter- covered in blood (Exhibit 84- close up (Exhibit 86- extreme close up blood drops (had further contact with Mr. Almeda after via text {knew once police came that would have restraining order and wouldn't be allowed to talk to (so was texting him can't recall before, during or after (he text asking what happened (told him don't talk to, he said he didn't remember (then explained to him what happened (and why didn't want him talking to (think text about 50 times Exhibit(s) Identified 3-21, 27 Screenshots of Text Messages: bit ad 3-24, 27 i $= 24,27 Pending redaction as needed 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 8 of 12[Link] AM [Link] AM 12: 11 PM, [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 9 of 12 Mr. Johnson New name came up Jack Nixon Off record On record Jury Present Cross Examination by Mr. Johnson (live in Oregon, enrolled in school there (didn’t know Joshua very long (lestified ultimately Josh assaulted (we were going to take a self shot together, a picture of his ex popped up and she was nude (there was no reaction from me, didn't know how old the picture was (Mr. Almeda punched over 100 times, covered in blood a lot of blood (expected to see blood somewhere in house (don't know when arrived at his parent's home, (when walked in and turned on light she popped right up (asked if she was Josh’s sister, she said yes, parents upstairs, went up there (told them Josh at my home, was covered in blood didn't know if he was hurt, told them blood everywhere (she gave pants, don’t know if she hugged (Will Thon, was dating him when met Josh, his house closest to Josh's parents (didn’t date Will for very long, maybe a month (that relationship ended because met Josh (met Josh because he was going to fix my car (Will and | open enough knew emotions there, there wasn't any negativity there (left phone behind, Will is the one that got it and returned, believe retrieved from Shannon (don't know where retrieved it from (returned to my home before Sam_ (after returned is when phoned police (yes, incident upset, did go get a short term protective order (didn't attend hearing for long term order (logic is that would be out of state and the officer said because of case there would be a no contact order (never told Josh had a gun, or where kept it (he'd only been in house 3 times {kept gun wrapped in towel Redirect Examination by Mr. Wohlifeil (Mr. Thon lives in upper O'Malley (lives about 10 miles from my home (Mr. Thon encouraged relationship with Josh (would be out with Will, Josh and | would be texting all night back and forth (brown box with sticker .38 special Witness excused Witness Sworn/Affirmed: Brendan Lee[Link] PM Direct Examin: Woh (Anchorage Police Department almost 9 yrs. (Witness relates training (ASPCA (May 28, 2013- responded to incident went to 2907 ‘W. 33" home of Kimber Dube (there with father and aunt (responded alone other officers came later (Officer Armstrong and Officer Hawk (observed broken glass and bullet holes in walls/closet (she came back and found holes, suspected they were bullet holes (asked Ms. Dube if had gun, was eventually found (was outside residence when found, {revolver handgun, eventually saw shell casings, found near area gun found (noticed 2 bullet holes in White BMW parked in driveway (called Officer Armstrong (went to another address (about 5-7 miles from Dube ~ Almeda home (contact with father and sister of Josh Aimeda (believe father name Philip (talked to Philip and Josh, had audio recorder running [Link] PM | BEGIN BENCH CONFERENCE 124543PM | END BENCH CONFERENCE [Link] PM. Jury Absent [Link] PM | Mr. Johnson 2issues- one hearsay ‘One confrontation, not same information office received Audio Begins [Link] PM | Audio Ends [Link] PM | COURT: Wil allow audio played, will instruct jury 101:30 PM Ju nt so144PM | GOURT: Instructs Jury [Link] PM | Audio Begins [Link] PM | Audio Ends [Link]PM_| (swabbed hands for gunshot residue (investigative tactic to get him to admit to firing gun (something which appeared to be blood on pants [Link] PM | Exhibit(s) Identified 103-104 Photos [Link] PM_| (Exhibit 103 upper torso of Mr. Almeda SAN-19-05842CR 10-29-13 Jury Trial Day 2 Page 10 of 12 ee[Link] PM. [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM. [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [ (104 - close up Exhibit(s) Offered 103-104 Admitted Exhibit(s) 4103-104 Exhibit(s) Identified 96-102, 105-108 Photos (photos of Defendant taken at the jail Exhibit(s) Offered 96-102, 105-108 Admitted Exhibit(s) 96-102, 105-108 (Exhibit 103 - blood on pants (Exhibit 104 — close up Gross Examination by Mr. Johnson (dispatched that moming, Officer Armstrong came later (spoke with Ms. Dube, her father, her aunt and some neighbors (went to home of Defendant (met with parents (we can swab, and submit test to lab, not sure what they have to do (Ofe. Armstrong pretended to test to try to ilicit a response (confronted Mr. Almeda with possibility of test, (he willing said he was okay to take test (did take custody of clothing of Mr. Almeda Witness reads portion of property and evidence Report (we did seize Mr. Almeda’s clothing (explains collection of fingerprints (don't recall seeing blood on gun Exhibit(s) Identified Go Photos (Mr. Almeda's hands. (taken at the jail Exhibit(s) Offered Go Admitted (have investigated assault allegations previously (photograph to document injuries (didn’t see injuries on his hands is i by Mr. Wot (Officer Armstrong was in charge of collecting evidence (seen people punch a person and knuckles don't look any different (depends on the force 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 11 of 12[Link]PM | Witness excused 3AN-13-05812CR 10-29-13 Jury Trial Day 2 Page 12 of 12In the Superior Court for the State of Alaska at Anchorage MediaNo.: 304 Judge: M. Spaan Date: Wednesday, October 30, 2013 Clerk: C. White Plaintiff: State of Alaska vs, Defendant's Name: Case No: DoB: Address: Josh Aimeda 3AN-13-058120R Type of Proceedings: Jury Trial Day 3 Counsel Present: Plaintif:B. Wehifeil, Asst. District Attorney > Defendant: L. Johnson, Public Defender Defendant: Present / Not in Custody Bail Set/Continues: Transport Orde: Other Court Orders: Next Court Date(s) and Timer Type of Hearings): Location: Summary of Proceedings: Sealed Portions Contained, Original Log Note Filed with Exhibit Clerk, Admitted Exhibits A, B, P,Q | 8:4420AM | On record Jury Absent Court identifies case and parties Draft jury instructions [Link] AM Jury Present [Link]M | wit miAffirmed: Kevin Armstrong *5705AM | Direct Examination by Mr. Wohifeil (my job acting as the Ul officer (Pointed out evidence took photos and gathered evidence (car with 2 bullet holes init, broken glass picture frames blood in residence (Officer Lee asked to accompany to Mr. Almeda met wath other officers and Mr. Almeda (listening to the interviews (asked Mr. Almeda if fired gun (apparent family member compromised scene (don't have gun powder test in the field {from what understood parties known, Mr, Almeda had blood on him (assumed blood came from him during incident %209M | Cross Examination by Mr. Johnson (responded about 1030 am °N-13-06812CR 10-30-13 Jury Trial Day 3 Page 1 of 11ne at the crime lab e lab [Link] aM 80721 4M | Witness excused 20738 | BEGIN BENCH CONFERENCE 07:45AM | END BENCH CONFERENCE saeas AM | BEGIN ANTEROOM CONFERENCE $1006 M | END ANTEROOM CONFERENCE [Link] AM Witness Sworn/Aftirmed; ‘Shannon Alme S405 AM | (address, work for South Central Foundation, Dental Hygenist (Joshua Almeda is son (married to Phillip Almeda (May 27. May 28° 2013, (yes, something happened with son (Clock 1:22 am (Kimber Dube standing in bedroom, when Kimber came in we were in bed sleeping (Said son was hurt (she was wearing son's basketball Jersey, she looked fine (husband asked if been drinking (gave her pair of pants, and a hug {had just met her earlier that day (got her address (Ghe said son was hur, didn't know how (She took son's truck {she said going to her parents, she ‘gave us her address and she left {Gidn't hear from her until this happeres (went to Kimber's house about 145 (Garage door open, husband went to front door, went to the front 'S12AM | (was first one in house, thought husband said get down, he actually said he is on the ground {son on ground in poo! of blond (thought was dead $13-08812CR 10-30-13 Jury Trial Day 3 Page 2 of 11[Link] AM, (Wipéd'to see if bleeding from anywhere else (he was breathing (husband there with, tied to carry son upstairs : (he sat in lap about 10-15 min. (phone kept ringing {finally picked it up, thought maybe Kimber, but was Wi, asked how is Kimber {said fine why wouldn't she be (iPhone White (at 845 Phil took home, everything was fine when left {Phil said going to go back over te check on Joshua (Got call ater that day saying Joshua was getting arrested) Mr. Johnson Objection, leading 21:28AM | Court — overruled 82146 AM 25:48AM 25:60 AM 26:41 AM (there was a handprint on counter {Gated up the blood on floor it was my son's leaned up with paper towel Just wiped the other blood up with same PeBer towel con't know if did or f husband did (there was a picture frame on Toor it (sor (Couldn't walk by himself, couldn't wake him physically up (didn’t smell alcohol on him (didn't see a gun in house (gave cell phone to husband, he Walked it down to her parents gave to the young man that (friend of Kimber's asked if could bring Exhibit(s) identi a (cell phone ~ Iphone, White (looks like the one found on counter Cross ination by Mr. Johnson (worked previously at another office tor 8 yrs. (husbs Wiror ist safety ins, ctor (not paying for son's attorney (MMs. Dube next to bed, startled us “18-05812CR 10-30-13 Jury Tiel Day 3 Page 3 of 14[Link] AM, [Link] AM [Link] AM [Link] AM [Link] AM 3321 AM, [Link] AM [Link], AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM Flaylorwas home, dog injured Taylor sleeping on floor with dog (she never said anything to Taylor about being injured (believe she tumed on light either she did or husband did {actually hugged her, didn't get blood on, she wasn't covered in blood (hair messy, just wearing basketball jersey arms, legs exposed ¢ Exhibit(s) Identified A-B Photos (Exhibit A — son laying on floor (Exhibit 8 ~ had husband take picture of son didn't look right {were taken that night, ibit(s) Offered -B Admi hibit(s) A= (spoke with guy named Will (kept calling about her phone (she had by next morning because she was texting Witness excused COURT: Addresses Mr. Bi Mr. Brady Client will assert 5" Amendment ‘SEALED PORTION BEGINS ” SEALED PORTIONENDs “&~ (OURT: finds Mr, Almeda has 5” iment Privil Mr. Johnson Anticipate putting on brief case, think ok to take witnesses out of order will have to see if can get them here sooner Jury Absent COURT: Jury Instructions Off record ‘On record Witness Sworn/Affirmed: Phillip Almeda 3AN-13-05812CR 10-30-13 Jury Trial Day 3 jury Present Page 4 of 11[Link] AM [Link] aM [Link] AM [Link] aM [Link] AM [Link] AM [Link] aw | Direct Examination by Mr. Wohifeit (ive in Anchorage, Aug. (work on Northslope, Health and Safety Inspector (wife Shannon: Almeda, dental hygienist since 04" (Josh Almeda is my son (May 27-28, 2013, {met Kimber Dube, about May 27" in the aftemoon (had never met her before she was there to see my son (wife said son residing with her (Gidn't know where living found out later that evening / next day (May 28° - awoken in middie of night about SOURT: Instructs Witness/ Jury (approx. 1230-1236am when she came over (was sleeping so estimating (dogs were barking, son has loud truck saw uick flash thought maybe neighbors (proceeded downstairs went towards kitchen, daughter in living room (hair mess, wondering why standing in my kitchen (nothing out of ordinary Hl (She explained Josh hurt, broken glass in house, said he needs help | {asked what happened, said he'd been drinking broken glass he needs help ! (conversation asked if she was alight, said sha was okay (daughter was like would someone go chee on her brother (Kimber made left off Crooked Tree/ Treeline , don't know where her parents lived (we went right to go to her house (artived at her house about 15-20 min. later Mr. Johnson Objection, leading Court — overruled (artived about 145-200am {Pull into house, saw car that Josh worked on earlier that day, a silver car facing the house on Tight side (on left side was Kimber's car, White BMV (lights on in carport, go towards main entrance of house, went to front door, looked into window AN-13-05812CR 10-30-13 Jury Trial Day 3 Page 5 of 11xeon (son in dinning room laid out under ‘table, can't get in doors locked (assuming wife went through garage {Ceri see lights on him, immovable bee lined to son, wife trying to (son was laying sideways, (he was on ground with dried blood on face (couldn't see much it was if positioned under light (Could see breathing a little foam in his mouth 11#08:14 AM | (later looking around laceration in head (on ground not moving foam coming out of mouth (doesn't seem life threatening he is breathing he is Passed out (saw couple more on ground {think wife went to get some stuff to try to clean Jos! (don't know how long wife spent cleaning up, think no 0 ifes Of Sons Body lying on groun: Console Josh, asking if alright {noticed beer botte on floor, looked around at all the broker mirrors (one on counter, no broken glass just looked like frame broke like thrown or hit against an object {afterwards drops of blood around kitchen counter, after further investigation or assessing area 11417044M | (pulled couple of the cabinets open to look tor garbage can and threw in garbage ~ | (@8 cleaning up saw gun on floor, handle facing fridge (bulled out cartridges in gun tral one (smelled to see if recently fired, smelied old (gun was a .38 believe, have a .44 not an aficionado (didn’t smell recently fired (did smell as thought fired in past {nothing warm about anything on it (found where fridge is on right hand side (when intially came in clean tine to son, gun not in path ‘couple text (iPhone 4-4s, it was Black (Will Thon was on other line (said Kimber wanted Phone, said her parent's house 4 houses away {told wife going to drop off her phone at her parent's house (Couldn't find the house, on left were apts, (didn’t see anything that resembled a log cabin (called Will from my phone, Will pulls [Link] AM | Mr. Johnson ‘Objection, hearsay | [Link] AM | Court - overruled | '[Link] | (was pointing West he was pulled in on East (walked towards, | 26:24AM | COURT: Instructs Witness | 'AN-13-06812CR 10-30-13 Jury Trial Day 3 {teceived, phone on counter received call, thought son's had a broken glass on it, could see y from where she lived Page 6 of 11[Link] AM [Link] AM [Link] aM [Link] AM [Link] AM, [Link] AM, [Link] AM [Link] AM [Link] AM [Link] AM 43:49AM 43:50 AM. (took 2 of us to lit, 195 dead weight (on way to get to bedroom he urinated (police came noonish {was in yard doing yard work when police came by . {cop car drove by real slow, thought maybs Should be worried about something (break ins etc. {remember one officer was blonde Female, talked with numerous male offers (at any time didn't think had done ‘something Mr. Johnson ‘Objection Court ~ sustained (did speak to officers, they asked questions Mr. Johnson Objection, leading Court ~ sustained (when officer asked about certain things couldn't recall (talked about driving to Ms. Dube’s and about finding son BEGIN BENCH CONFERENCE END BENCH CONFERENCE (officers asked if knew of anything that happened night before {only thing someone came to house said een bleeding and broken glass, that is what told officers (asked If being recorded, told prefer not Fecord this (never mentioned gun (at that time, went through process, guess didn't Mention, seemed out of blue (didn't seem significant Mr. Johnson Objection assumes facts not in evidence Court ~ overruled (recently took class for Masters program, highest domestic violence rate N-13-08812CR 10-30-13 Jury Trial Day 3 Page 7 of 1414416. Aw" Tae? A 11:[Link] [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM [Link] AM, [Link] AM [Link] PM [Link] PM, 12:2428 PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] PM [Link] Pat [Link] PM, |[Link] PM [Link] PM ‘AN-13-0581; BEGIN BENCH CONFERENCE END BENCH CONFERENCE (Bicked up gun, emptied it, prints would've been on gun (Police came aver and opportunity to oct wnat happened, one detail left out the gun (at that time they were only asking aboot ‘what happened BEGIN BENCH CONFERENCE END BENCH CONFERENCE COURT: Admonishes Jury Absent court: Don't find Mr. Almeda hostile, find {tying to find good things to say about his son Mr. Johnson Intoxication not relevant as to the charges court: Find relevant under applicable rules, not dispositive Off record On record Jury Present (did talk to police Audio Begins Audio Ends (don't listen to recordings of set, believe is my voice BEGIN ANTEROOM CONFERENCE END ANTEROOM CONFERENCE (Correct said “he was two sheets to the wind” (type A person reason say type of work Go, have to make decisions on fly (have to assess all information before make decisions Cross Examination by Mr. Johnson (Kimber Dube came in house (wrote note in phone, own IPhone wrote Rote in phone ibit(s) I led (snapshot of note that wrote down with Kimbers address ‘and accurate depiction (true hibit(s: ad I2CR 10-30-13 Jury Trial Day 3 Page 8 of 11[Link] PM [Link] PM 123723 PM [Link] PM, 12:40104 PM, [Link] PM [Link] PM, [Link] PM [Link] PM [Link] PM [Link] PM SAN-13-05812CR 10-30-13 Jury Trial Day 3 Page 9 of 11 S igret Katnitted exhibits Q ee (date when typed in note (May 28, 2013, 121am (when went downstairs and saw ‘someone (told Josh hurt, upset instant father instincts how ‘can help him (never said Josh assaulted her {there was a light on in dining area behind her {all she was wearing was a Bulls jersey (went to her house to check on Joshua see through window {he appeared lifeless, wasn't moving when saw Hon (laying face down on floor (focused on him when arrived {from time she sald injured and bleeding everywhere (seemed serious til seen lying on ground (deal with injured party first then secure scene {one of things gun siting right there, relevance, People have guns in Alaska, (Gigrt seem signifcant it gun in house want to conto (that is why ejected gartidges and Seperated the two (as quick as Wil got there tobe close (don't know his exact location (tried to find her parent's house (took phone to him direct Exami Mr. Wohifeil Exhibit(s) Identified 36 {for time frame exposed to her, know she was Blonde, her eye she is looking down to right ‘ (See contusions, bruising (she could have conjunctivitis not a medical professional (not a competent medical authority not looking atthe other eye to compare Exhibit(s) Identified 29 (she has a lot of freckles, can assume a br {in short time been exposed to her not sure (when eye gets infected on top Witness excused Witness /Affirmed: Florita Chung ir ination by Mr. Wohifeit lve in Anchorage, 12 yrs., 2807 W. 33%, Apt A, ibit{s) Ider (W 33" and 34", between ‘Turagain and Wisconsin (See complex on map, already circled in green124720 PM [Link] PM [Link] PM, [Link] PM [Link] PM, [Link] PM. [Link] PM [Link] PM [Link] PM [Link] PM, [Link] PM [Link] PM, [Link] PM [Link] PM [Link] PM [Link] PM, [Link] PM [Link] PM = officer asked if heard (yes, an officer knocked on door, talked to him briefly (dogs barking, that is what told police (only heard one (around midnight Gross Examination by Mr. Johnson {spoke to police next morning, incident was night before (told police heard sound around midnight (Clock over door EGIN BENCH CONFERENC! END BENCH CONFERENCE Audio Begins — Interview with Ms. Chung Audio Ends Witness excused litness Sworn/Affirmed: Katherine Kilhoffer Direct Examination by Mr. Wohifei (live in Anchorage, 2907 W. 33" xhibit(s) Identified 4 (got locked out of house police where outside (heard what sounded like 3 shots that night (little after midnight when heard shots Witness excused Plaintiff Rests Case-in-Chief BEGIN BENCH CONFERENCE END BENCH CONFERENCE BEGIN ANTEROOM CONFERENCE SOURT: re: Motion for Judgment of Acquittal ‘Mr. Johnson Counts 1-2 and 4 circumstantial END ANTEROOM CONFERENCE itness Sworn/Affirmed: Tawana Jolin rect Examination by Mr. Johnso1 ‘3AN-13-05812CR 10-30-13 Jury Trial Day 3 (yes, heard a loud boom, don't know what gunshot sounds like, looked outside Page 10 of 11qs (vestigator talk tb withSdes” sate dbbpalenae vosearn eRe ined investigator for Mr. Aimeda’s case (learned address of Kimber Dube and Mr. Almeda’s parent's [Link] PM | Exhibit(s) Identified P Directions [Link] PM | (Google driving directions from 2014 W. 33% — 10601 Treelit (did prepare document (got on internet went to Google Maps and asked for driving directions [Link] PM. ibit(s) Offered P [Link] PM | Admitted Exhibit(s: [Link] PM | (takes 20 min. to drive ‘[Link] PM | Cross Examination by Mr. Wolfheil (approx. if don’t have same map (Could take 30 min. [Link] PM | Witness excused [Link] PM | BEGIN BENCH CONFERENCE ‘00:55PM | END BENCH CONFERENCE 00:57PM | COURT: _Admonishes Jury [Link] PM Jury Absent Court "02:16PM | COURT: Addresses Mr. Almeda re: Levigne inquit [Link] PM | Mr, Johnson Gites Avery v, State of Alaska ‘SAN-13-05812CR 10-30-13 Jury Trial Day 3 Page 11 of 11