Volume 29

1 IN THE CRIMINAL DISTRICT COURT NO. 3
2 DALLAS COUNTY, TEXAS
3
4
5
6 THE STATE OF TEXAS } NO. F-96-39973-J
7 VS: } & A-96-253
8 DARLIE LYNN ROUTIER } Kerr Co. Number
9
10
11
12
13 REPORTERS RECORD
14 JURY TRIAL
15 VOL. 29 OF 53 VOLS.
16 January 7, 1997
17 Tuesday
18
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20
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24
25
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1 C A P T I O N
2
3
4 BE IT REMEMBERED THAT, on Tuesday, the 7th day of
5 January, 1997, in the Kerr County Courthouse, of Kerr
6 County, Texas, the above-styled cause came on for a
7 hearing before the Hon. Mark Tolle, Judge of the Criminal
8 District Court No. 3, of Dallas County, Texas, without a
9 jury, and the proceedings were held, in open court, in
10 the City of Kerrville, Kerr County Courthouse, Kerr
11 County, Texas, and the proceedings were had as follows:
12
13
14
15
16
17
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20
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25
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1 A P P E A R A N C E S
2
3
4 HON. JOHN VANCE
5 Criminal District Attorney
6 Dallas County, Texas
7
8 BY: HON. GREG DAVIS
9 Assistant District Attorney
10 Dallas County, Texas
11
12 AND:
13 HON. JOHN GRAU
14 Assistant District Attorney
15 Dallas County, Texas
16
17 AND:
18 HON. SHERRI WALLACE
19 Assistant District Attorney
20 Dallas County, Texas
21
22 APPEARING FOR THE STATE OF TEXAS
23
24
25
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1 ADDITIONAL APPEARANCES:
2
3 HON. DOUGLAS D. MULDER
4 Attorney at Law
5 2650 Maxus Energy Tower
6 717 N. Harwood
7 Dallas, TX 75201
8
9 AND: HON. CURTIS GLOVER
10 Attorney at Law
11 2650 Maxus Energy Tower
12 717 N. Harwood
13 Dallas, TX 75201
14
15 AND: HON. RICHARD C. MOSTY
16 Attorney at Law
17 Wallace, Mosty, Machann, Jackson & Williams
18 820 Main Street, Suite 200
19 Kerrville, TX 78028
20
21 AND: HON. S. PRESTON DOUGLASS, JR.
22 Attorney at Law
23 Wallace, Mosty, Machann, Jackson & Williams
24 820 Main Street, Suite 200
25 Kerrville, TX 78028
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1
2 AND: HON. JOHN HAGLER
3 Attorney at Law
4 901 Main Street, Suite 3601
5 Dallas, TX 75202
6 ALL ATTORNEYS REPRESENTING THE
7 DEFENDANT: DARLIE ROUTIER
8 MR. HAGLER HANDLING THE APPEAL
9 AND:
10 HON. ALBERT D. PATILLO, III
11 Attorney at Law
12 820 Main Street, Suite 211
13 Kerrville, TX 78028
14 APPEARING FOR: Witness-
15 Detective Jimmy Patterson
16 only on one date in trial
17 AND:
18 HON. STEVEN J. PICKELL
19 Attorney at Law
20 620 Earl Garrett Street
21 Kerrville, TX 78028
22 APPEARING FOR: Witness
23 Officer Chris Frosch
24 only on one date in trial
25
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1 P R O C E E D I N G S
2
3 January 7th, 1997
4 Tuesday
5 8:30 a.m.
6
7 (Whereupon, the following
8 proceedings were held in
9 open court, in the presence
10 and hearing of the
11 defendant, being
12 represented by her attorneys
13 and the representatives of
14 the State of Texas, but
15 outside the presence of the
16 jury, as follows:)
17
18
19 THE COURT: All right. Are both sides
20 ready to bring the jury in?
21 MR. GREG DAVIS: Yes, sir, the State
22 is ready.
23 MR. DOUGLAS MULDER: Yes, sir, the
24 defense is ready.
25 THE COURT: All right. Bring the jury
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1 in, please.
2
3 (Whereupon, the jury
4 Was returned to the
5 Courtroom, and the
6 Proceedings were
7 Resumed on the record,
8 In open court, in the
9 Presence and hearing
10 Of the defendant,
11 As follows:)
12
13 THE COURT: All right. Good morning,
14 ladies and gentlemen. We're back on the record in the
15 Darlie Routier matter.
16 Let the record reflect that all
17 parties in the trial are present and the jury is seated.
18 And this witness was sworn yesterday.
19 And so go ahead, Mr. Davis.
20 MR. GREG DAVIS: Thank you, Judge.
21
22
23
24
25
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1 Whereupon,
2
3 OFFICER DAVID WADDELL,
4
5 was called as a witness, for the State of Texas, having
6 been first duly sworn by the Court to speak the truth,
7 the whole truth, and nothing but the truth, testified in
8 open court, as follows:
9
10
11
12
13 BY MR. GREG DAVIS:
14 Q. Would you please tell us your full
15 name.
16 A. David Wayne Waddell.
17 Q. And, Mr. Waddell, how are you
18 employed, at this time?
19 A. I'm a police officer for the City of
20 Plano.
21 Q. All right. And where exactly is
22 Plano?
23 A. It's just north of Dallas.
24 Q. How long have you been with the Plano
25 Police Department?
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1 A. About five months.
2 Q. Before coming to work for Plano, how
3 were you employed?
4 A. For the City of Rowlett, as a police
5 officer.
6 Q. All right. How old are you?
7 A. 32.
8 Q. Have you got a family?
9 A. Yes, I do.
10 Q. Okay. Kids?
11 A. Yes, I do.
12 Q. What are their ages?
13 A. Seven and one.
14 Q. Now, how long had you been a Rowlett
15 Police Officer?
16 A. Four and a half years.
17 Q. And before that had you been a police
18 officer at some other city there in Dallas County?
19 A. Yes.
20 Q. And what city would that have been?
21 A. Glenn Heights.
22 Q. Okay. How long were you with Glenn
23 Heights?
24 A. Nine months.
25 Q. And prior to Glenn Heights, had you
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1 been in law enforcement in any capacity?
2 A. I was a reserve police officer.
3 Q. Where?
4 A. For the City of Heath.
5 Q. And is Heath in Rockwall County?
6 A. Yes, it is.
7 Q. Just -- basically, it is just east of
8 Dallas County. Right?
9 A. Yes.
10 Q. Now, when you were with the Rowlett
11 Police Department, what was your rank?
12 A. I was a patrol officer.
13 Q. And what were your duties?
14 A. I was assigned to a beat, to answer
15 calls every day.
16 Q. Officer, I want to direct your
17 attention back to June the 5th, of 1996. Do you recall
18 whether or not you were on duty that day?
19 A. I was.
20 Q. And, what were your hours to work?
21 A. 9:30 to 6:00 a.m.
22 Q. Okay. So it would be 9:30 p.m. to
23 6:00 a.m.; is that right?
24 A. Yes, sir.
25 Q. Were you in uniform that night?
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1 A. Yes, I was.
2 Q. Were you in a marked patrol car?
3 A. Yes, I was.
4 Q. Were you working by yourself or with
5 another officer?
6 A. By myself.
7 Q. I want to now move forward to June the
8 6th at approximately 2:30 a.m. Were you still on patrol?
9 A. Yes, sir.
10 Q. Do you recall where you were at about
11 2:30 in the morning?
12 A. I was in the parking lot of Victory
13 Baptist Church.
14 Q. Victory Baptist Church?
15 A. Yes, sir.
16 Q. Is that in Rowlett?
17 A. Yes, it is.
18 Q. Where is that located in Rowlett?
19 A. It's right about in the middle of the
20 city off of Highway 66, beside the lake.
21 Q. Okay.
22
23 MR. GREG DAVIS: Your Honor, may I
24 please approach?
25 THE COURT: You may.
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1
2 BY MR. GREG DAVIS:
3 Q. Officer Waddell, just looking here at
4 this map of Rowlett, can you just point out where the
5 Victory Baptist Church would have been?
6 A. About right here.
7 Q. Okay. Do I have my finger there where
8 that would have been?
9 A. Yes, sir.
10 Q. All right. It's just, I guess, sort
11 of on that eastern portion, kind of the peninsula portion
12 of Rowlett; is that right?
13 A. Yes, sir.
14 Q. Okay. And is it -- is that unusual
15 for you to sit in the parking lot up there?
16 A. No, sir.
17 Q. Okay. Do you recall whether or not
18 you were doing anything specific when you were up there?
19 A. No, sir.
20 Q. Did anything unusual catch your
21 attention as you were sitting in your squad car at 2:30
22 in the morning out there at the Baptist church?
23 A. I heard the fire tones go off.
24 Q. What do you mean, "fire tones"?
25 A. Well, whenever a dispatcher sends the
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1 fire department somewhere, they set off the tones on the
2 police radio, as well as the fire channel.
3 Q. Okay. Your radio in your car, does it
4 have the ability to monitor that radio channel also?
5 A. Yes, it does.
6 Q. All right. And, following the
7 emergency tones, what's the next thing that you heard
8 come over your radio?
9 A. I switched over to the fire channel
10 and heard them dispatch the fire department to 5801 Eagle
11 on a stabbing.
12 Q. On a stabbing?
13 A. Yes, sir.
14 Q. And, did you do anything in response
15 to hearing that over your radio?
16 A. I headed that way.
17 Q. Okay. Headed toward 5801 Eagle Drive?
18 A. Yes, sir.
19 Q. Do you recall whether or not you
20 switched on your emergency lights?
21 A. I did.
22 Q. Now, Officer Waddell, do you know how
23 far it is from the Victory Baptist Church where you were
24 to 5801 Eagle Drive?
25 A. 1.9 miles.
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1 Q. And do you know how long it took you
2 that morning to get from your location to 5801 Eagle
3 Drive?
4 A. Two to three minutes.
5 Q. Now, on the way to that location,
6 Officer, did you see any vehicles speeding away from the
7 neighborhood where 5801 Eagle Drive is located?
8 A. No, sir.
9 Q. Did you see anyone out that morning on
10 foot as you were going toward 5801 Eagle Drive?
11 A. No, sir.
12 Q. Did you see anything at all unusual or
13 suspicious as you went toward that location, sir?
14 A. No, sir.
15 Q. Did you finally arrive at 5801 Eagle
16 Drive?
17 A. Yes, I did.
18 Q. Were you the first police officer on
19 the scene?
20 A. Yes, sir.
21 Q. As you entered the neighborhood there,
22 did you see any vehicles on the roadway?
23 A. No.
24 Q. Did you see any persons on foot in the
25 neighborhood as you approached the house?
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1 A. Just Darin Routier.
2 Q. All right. And when you say "Darin
3 Routier," do you know him now to be Darin Routier?
4 A. Yes, I do.
5 Q. Had you ever seen him before that
6 morning?
7 A. No, sir.
8 Q. Let me back up for a moment. 5801
9 Eagle Drive. Is that a location in the County of Dallas?
10 A. Yes, it is.
11 Q. And the State of Texas?
12 A. Yes.
13 Q. Do you recall where you parked your
14 car that morning?
15 A. I parked on the north side of the
16 house.
17 Q. Okay. And do you recognize this
18 aerial photograph as 5801 Eagle Drive?
19 A. Yes, sir.
20 Q. And north is toward the top side of
21 this photograph; is that correct?
22 A. Yes, it is.
23 Q. Okay.
24
25 MR. GREG DAVIS: And can the witness
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1 please step down?
2 THE COURT: Yeah. Please step down,
3 Officer. Watch your step.
4
5 (Whereupon, the witness
6 stepped down from the
7 witness stand, and
8 approached the jury rail
9 and the proceedings were
10 resumed as follows:)
11
12 BY MR. GREG DAVIS:
13 Q. And if would, Officer, if you will
14 step to the side so that all the jurors can see where
15 you're pointing.
16 Can you just point for us where you
17 parked your vehicle that morning?
18 A. Right here on this curve.
19
20 MR. DOUGLAS MULDER: Judge, could we
21 see it?
22 THE COURT: By all means, come on
23 around. By all means, come on around.
24 MR. GREG DAVIS: We will move it
25 around here a little bit further over here.
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1
2 BY MR. GREG DAVIS:
3 Q. I'll tell you what, let's roll it out
4 a little bit further out here.
5 Would you again point for us where you
6 parked your squad car that morning.
7 A. Right here along this curve.
8 Q. All right. And as you came up here to
9 this location, Officer, is that when you saw the
10 individual that you now know to be Darin Routier?
11 A. Yes, sir.
12 Q. Can you please point where he was when
13 you first saw him?
14 A. He was coming out of the front door,
15 across the yard.
16 Q. All right. Do you recall how he was
17 dressed that morning?
18 A. He was wearing blue jeans, no shirt,
19 no shoes.
20 Q. Okay. Do you remember whether or not
21 he was saying anything as he came out?
22 A. He was saying something, but at that
23 time I didn't know what it was.
24 Q. All right. Did you have your gun
25 drawn as you came up to that location?
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1 A. Yes, I did.
2 Q. All right. And, why did you have your
3 gun drawn?
4 A. I didn't know if he was a suspect,
5 or -- I didn't know who he was.
6 Q. All right. You know you had a
7 stabbing call; right?
8 A. Right.
9 Q. What did you do then as you came up
10 here and you saw this individual running out of the
11 house?
12 A. I hollered at him to stop, and then I
13 walked over and met him, in front of the fountain there.
14 Q. Okay. What happened when you met him
15 over there?
16 A. He told me that his kids had been
17 stabbed, and that they were dying.
18 Q. What did you do then?
19 A. After he told me that, he started
20 going back into the house, and I followed him inside the
21 house.
22 Q. All right. Now, Officer, had you had
23 any experience in dealing with crimes involving violence
24 before?
25 A. Yes.
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1 Q. Okay. What kind of offenses had you
2 been involved with prior to June the 6th, 1996?
3 A. I worked on a homicide about two
4 months before this one.
5 Q. And, you had been a police officer how
6 long with Rowlett?
7 A. About four and a half years.
8 Q. Okay. I guess you had answered a lot
9 of other calls during that time period?
10 A. Yes, sir.
11 Q. Had you received any other specialized
12 training as a member of the Rowlett Police Department?
13 A. Yes, I had.
14 Q. And, what kind of training had you
15 received?
16 A. In April of 1993 I went to a 24-hour
17 Crime Scene School. I was also on the special response
18 team for the Police Department.
19 Q. What is the special response team?
20 A. It's a team that we -- we served a lot
21 of high-risk search warrants and arrest warrants.
22 Q. Okay. Did you receive any specialized
23 training to become a member of the specialized response
24 team?
25 A. We trained 16 hours a month, and we
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1 went to a 60 hour school in Austin, a SWAT school.
2 Q. Okay. So, as I understood it, you
3 said Darin Routier entered the residence; is that right?
4 A. Yes, sir.
5 Q. And you followed him into the
6 residence?
7 A. Yes.
8
9 (Whereupon, the following
10 mentioned item was
11 marked for
12 identification only
13 as State's Exb. 10,
14 after which time the
15 proceedings were
16 resumed on the record
17 in open court, as
18 follows:)
19
20 BY MR. GREG DAVIS:
21 Q. Mr. Waddell, let me show you what has
22 been marked as State's Exhibit No. 10. Do you recognize
23 this to be a layout of the floorplan of 5801 Eagle Drive?
24 A. Yes.
25 Q. Does it accurately reflect the rooms
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1 as they appeared there in June of 1996?
2 A. Yes.
3
4 MR. GREG DAVIS: Your Honor, at this
5 time we will offer State's Exhibit No. 10.
6 MR. DOUGLAS MULDER: No objection.
7 THE COURT: State's Exhibit No. 10 is
8 admitted.
9
10 (Whereupon, the item
11 heretofore mentioned
12 Was received in evidence
13 As State's Exhibit No. 10
14 For all purposes,
15 After which time, the
16 Proceedings were resumed
17 As follows:)
18
19 BY MR. GREG DAVIS:
20 Q. If you could, Officer, if we could
21 just go through the general layout there of the house.
22 Is this the front door that I'm pointing to right here?
23 A. Yes.
24 Q. As you come in, we've got labeled the
25 living room, is that the more formal area?
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1 A. Yes.
2 Q. And we have a family room. Correct?
3 A. Yes, sir.
4 Q. Okay. The entryway?
5 A. Yes, sir.
6 Q. This is a two-story home, is it not?
7 A. Yes, it is.
8 Q. All right. Is this the stairway that
9 leads up to the second floor?
10 A. Yes, it is.
11 Q. Okay. The kitchen, utility room,
12 breakfast nook and dining room. Correct?
13 A. Yes, sir.
14 Q. And the garage in this residence, is
15 it attached to the house itself?
16 A. Yes.
17 Q. And, is it toward the rear of that
18 house?
19 A. Yes, it is.
20 Q. If you will, please tell the members
21 of the jury, where you came, once you came into the front
22 door of that residence, where did you first go to?
23 A. I could see a person standing here. I
24 could see the defendant right here. I walked up this
25 little hallway and stopped right here for a second.
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1 Q. Okay. Did you notice anything unusual
2 here in the entryway?
3 A. I noticed some blood on the floor.
4 Q. All right. What did you do in
5 response to that?
6 A. I saw the blood. I attempted not to
7 step in it and disturb any of it.
8 Q. All right. You said that you saw
9 someone back here. Did you actually go through the
10 entryway then?
11 A. Yes.
12 Q. And where did you go to then?
13 A. I went straight to the defendant, who
14 was standing right here.
15 Q. All right. If you could, let me give
16 you a red pen. And, Officer, I would like for you, if
17 you would, to just place an "X" where you saw the
18 defendant. And, let me just ask you first, do you see
19 the defendant in the courtroom this morning?
20 A. Yes.
21 Q. Could you please point her out?
22 A. She is right over here.
23 Q. Okay. She's the female sitting at the
24 counsel table over here in the gray jacket; is that
25 correct?
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1 A. Yes, sir.
2
3 MR. GREG DAVIS: Your Honor, may the
4 record please reflect this witness is identifying the
5 defendant in open court.
6 THE COURT: Yes, sir.
7
8 BY MR. GREG DAVIS:
9 Q. Sir, if you would, please take this
10 red pen and just place an "X" at the position where you
11 first saw the defendant when you came in the residence.
12 A. (Witness complies).
13 Q. All right. And if you would, if
14 you'll just write above that "defendant."
15 And, if you would, when you came in
16 here, did you see any other persons inside that room when
17 you came into the family room?
18 A. I noticed a small child laying on the
19 ground right here.
20 Q. All right. Would you put another "X"
21 and label that as "small child," please, where you saw
22 him.
23 A. Okay.
24 Q. Did you see anybody else when you came
25 in there?
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1 A. Darin Routier had gone across the
2 living room, and there was another child on the floor on
3 the other side.
4 Q. And if you could, if you'll put an
5 "X," and then put -- label that as "second child,"
6 please.
7 A. Okay.
8 Q. All right. And as I understand then,
9 when you came in -- let me first ask you: Did I
10 understand you to say that Darin Routier had gone over
11 here to the second child?
12 A. Yes.
13 Q. Had you asked him to do that?
14 A. At that point I had not.
15 Q. All right. When you saw the defendant
16 here standing, please describe for us what she was doing
17 at that time.
18 A. She was holding a towel over her neck
19 with one hand and talking on the telephone with the
20 other.
21 Q. All right. Was that a cordless
22 telephone, or is that a telephone that was connected to
23 an outlet?
24 A. It was a cordless phone.
25 Q. Can you describe how she was dressed
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1 that morning?
2 A. A light colored T-shirt.
3 Q. Okay. Anything else?
4 A. Nothing else.
5 Q. Was she wearing any shoes that you
6 could see?
7 A. No, sir.
8 Q. Okay. Was she barefoot?
9 A. Yes.
10 Q. How would you describe her demeanor
11 when you first saw her? What was she doing, or what was
12 her demeanor?
13 A. She appeared to be upset and
14 hysterical.
15 Q. And when you say "upset or
16 hysterical," what do you mean by that?
17 A. She was screaming and yelling.
18 Q. All right. Was she doing that to you
19 or someone else, or to anyone in particular?
20 A. I thought she was talking on the
21 telephone still.
22 Q. All right. Tell us what's the next
23 thing that you recall happening when you came in here and
24 saw her.
25 A. I could see this child's feet right
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1 here, and I walked around his feet. I approached the
2 defendant and I asked her who had done it, and where were
3 they at. She couldn't give me a description of who had
4 done it, but she told me that whoever it was was still in
5 the garage.
6 Q. All right. And, did you know at the
7 time that the garage was back here?
8 A. No.
9 Q. Okay. Did she indicate in any way
10 where the garage was?
11 A. She pointed to it and told me, "that
12 direction."
13 Q. Okay. So, did she point over toward
14 this portion of the house then?
15 A. Yes.
16 Q. Okay. What did you do then, or what's
17 the next thing that happened at that point?
18 A. I instructed Darin Routier to try to
19 help the second child over there with some type of first
20 aid. I told him to apply pressure to some of the wounds
21 to try to stop the bleeding.
22 Q. And the second child, being this child
23 over in this portion of the room?
24 A. Yes.
25 Q. All right. Did Darin follow your
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1 instructions?
2 A. Yes.
3 Q. All right. What did you see him do?
4 A. I saw him on his hands and knees
5 beside the child. I couldn't tell exactly what he was
6 doing. It looked to me like he was trying to give him
7 CPR or putting pressure on his wounds.
8 Q. Okay. Did he say anything to you when
9 he went over here and started to do whatever he was
10 doing?
11 A. He told me that it was no use, that he
12 was blowing air through his chest.
13 Q. Okay. What about this child over
14 here. Let's go back to this child. Do you recall how
15 this smaller child was dressed that morning?
16 A. He had on long pants and a shirt.
17 Q. All right. Let me ask you: Was there
18 anything on his back, such as a towel, a rag, anything
19 else, besides the clothing that he was wearing, Officer?
20 A. No.
21 Q. After Darin Routier tells you that
22 he's blowing into this child's mouth here, or his chest,
23 what's the next thing that you recall happening?
24 A. I told the defendant to get some
25 towels and put on the first child's back to try to stop
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1 his bleeding.
2 Q. Now when you said that to her -- first
3 of all, let me back up. At the time that Darin Routier
4 is over here, doing whatever he's doing with this second
5 child, where is the defendant?
6 A. She's in the same position.
7 Q. She's still over here across the room?
8 A. Yes, sir.
9 Q. Where are you?
10 A. I'm right beside her.
11 Q. Okay. So you've moved over here to
12 this area; is that correct?
13 A. Yes, sir.
14 Q. Is there a counter top or bar here
15 that separates the family room and the kitchen room?
16 A. Yes.
17 Q. And, can you actually see through the
18 family room into the kitchen room?
19 A. Yes.
20 Q. Let me ask you, Officer, at the time
21 that Darin Routier was making whatever efforts he was
22 with the second child, did any blood get on you?
23 A. No.
24 Q. Okay. Did you see any blood fly
25 across this room over here on to this defendant?
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1 A. No, sir.
2 Q. All right. Let's move forward here
3 again. When you told the defendant to go over here and
4 find something and apply pressure to this child, what, if
5 anything, did she do?
6 A. She stayed in the same place she was
7 and told me that the suspect was still in the garage.
8 Q. All right. And, what did you do in
9 response to that?
10 A. I went into the kitchen and tried to
11 look into the garage.
12 Q. All right. Well, let me back you up
13 here. This child is obviously injured. Correct?
14 A. Yes.
15 Q. You've asked her to go over and assist
16 him. Correct?
17 A. Yes.
18 Q. She doesn't do that; is that right?
19 A. That's right.
20 Q. Okay. Why didn't you then drop
21 down -- you're trained in CPR?
22 A. Yes.
23 Q. Why didn't you then go down here and
24 start applying the pressure that this child needed at
25 that point yourself?
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1 A. Because the suspect was still in the
2 house, as far as I knew.
3 Q. Okay. Are there certain procedures
4 that you've been trained to follow when you go out to a
5 scene such as this?
6 A. Yes, sir.
7 Q. Are there certain priorities?
8 A. Yes, sir.
9 Q. Okay. Could you tell the members of
10 the jury, what are the priorities? What are the things
11 that you're supposed to do when you confront a scene like
12 this?
13 A. First of all, we try to find out if
14 the suspect is still in the house or not, if they are
15 still at the location. Secondly, would be to get medical
16 attention where needed. And then the third thing, would
17 be to preserve the crime scene.
18 Q. Okay. And Officer Waddell, at the
19 time that you asked the defendant to care for this child,
20 had you located a suspect?
21 A. No.
22 Q. Had you gotten the information from
23 the defendant concerning the suspect?
24 A. Not at that time.
25 Q. All right. Did you believe one to
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1 still be in the house?
2 A. Yes, I did.
3 Q. Okay. And where did you believe him
4 to be?
5 A. She told me he was in the garage, and
6 I assumed that's where he was.
7 Q. All right. And I believe you said
8 that you, in fact, started to go to the garage; is that
9 correct?
10 A. Yes.
11 Q. All right. And if you could, just
12 with this pen, not writing, but if you would, just
13 indicate for the members of the jury, you know, where you
14 went to, as you first went toward that garage area.
15 A. I was over here by her, I came around
16 the bar. And I walked into the kitchen, to about right
17 here, enough to where I could look through the utility
18 room. There's a door here. I was trying to look through
19 the door into the garage.
20 Q. You know, when you're doing that, are
21 there any lights on inside the house?
22 A. Yes.
23 Q. Okay. What light is on in this family
24 room, if you recall?
25 A. I remember the TV being on.
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1 Q. Okay. This black object here, is that
2 a big-screen television that's in there?
3 A. Yes, sir.
4 Q. Was that television on when you first
5 entered that family room?
6 A. Yes.
7 Q. How about in the kitchen area, what
8 lighting is there available for you there?
9 A. There was an overhead light on when I
10 went in there.
11 Q. How about the utility room back here?
12 Was there a light on in there?
13 A. I don't recall if that light was on or
14 not.
15 Q. So, as I understand, you then went
16 about halfway into the kitchen here?
17 A. Right.
18 Q. Did you go any further?
19 A. No. No.
20 Q. When you were at this position,
21 Officer, did you see anyone back there?
22 A. No, sir.
23 Q. Did you hear anyone back there?
24 A. No.
25 Q. Why didn't you go any further than
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1 halfway through this kitchen at that point, Officer
2 Waddell?
3 A. I couldn't see into the garage, and I
4 wasn't positive that that's where the suspect was. I
5 knew he was still in the house at the time, is what we
6 thought, and I didn't want to leave all of them back in
7 the living room with the suspect loose in the house
8 somewhere.
9 Q. Do you know how long you were gone
10 from the time that you left here, to go back here to the
11 kitchen to the time that you came back? About how much
12 time has elapsed at that point?
13 A. Maybe 30, or 40 seconds.
14 Q. And, when you come back, is the
15 smaller child still in the same position here?
16 A. Yes.
17 Q. How about the second child, is he
18 still in the same position over here?
19 A. Yes.
20 Q. How about the defendant? Where is the
21 defendant when you come back from the kitchen area?
22 A. In the same position.
23 Q. Basically the same position as we have
24 marked here with the "X"?
25 A. Yes, sir.
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1 Q. She's not over here with the small
2 child?
3 A. No.
4 Q. What's she doing?
5 A. She was still yelling. I don't know
6 if she was still on the telephone or not, but she was
7 still yelling to get help.
8 Q. Okay. How about Darin? Do you recall
9 where he was when you came back from the kitchen?
10 A. I think he was still over at the
11 second child.
12 Q. Was there anything at all to indicate
13 to you that the defendant had moved from her original
14 position, in the time period that you had gone to the
15 kitchen and come back? Anything at all to indicate that?
16 A. No.
17 Q. You come back into this area again.
18 Now what do you do?
19 A. I asked her again for a description of
20 the suspect. And, she told me she didn't know if it was
21 a white or a black guy, but that he was wearing a black
22 shirt, dark pants and a ball cap.
23 Q. Again, a black ball cap and a dark
24 shirt?
25 A. Yes, sir.
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1 Q. Didn't know whether he was white or
2 black?
3 A. Right.
4 Q. Okay. Did she give you any other
5 information at that time about this person, or what may
6 have happened?
7 A. She told me what had happened.
8 Q. Okay. Just tell the members of the
9 jury what the defendant told you had happened right
10 there.
11 A. She told me that she had got into a
12 fight with somebody that broke into her house. She
13 fought with the suspect. She told me she fought with him
14 at the end of the bar here, and that he ran across the
15 kitchen.
16 Q. All right. Did she describe what kind
17 of fight had occurred here in this area?
18 A. She just said that she had fought with
19 him.
20 Q. All right. Are you sure it was this
21 area that she was indicating to?
22 A. Yes, sir.
23 Q. How was she indicating that area
24 between the family room and the kitchen as being the
25 place of the struggle?
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1 A. As she was telling me, she was walking
2 in this direction, and then she pointed right to that
3 area.
4 Q. All right. If you could, Officer,
5 please take the red pen again, just put an "X" at the
6 place where she says the struggle occurred, and just
7 label that as "struggle."
8 A. Okay.
9 Q. All right. Now, if we can, if we can
10 pick this up from the point where she is now giving the
11 description, she has told you what's happened, she's now
12 pointed out the place where this struggle occurred.
13 What's the next thing that you recall happening?
14 A. We both -- we walked back over to this
15 area here, and I could see that this child here was
16 laying on the floor on his stomach, on his left side of
17 his face and he was looking up at both of us making some
18 noises, like he was trying to breathe.
19 Q. All right. If you could -- if we
20 could position him, in general, can you describe how this
21 child was laying, you know, where his feet were, and
22 where his head was?
23 A. His feet were right here and his head
24 was on this end.
25 Q. Okay. So you've got his head here,
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1 basically, and his feet are closer to the hallway; is
2 that correct?
3 A. Yes.
4 Q. He's on his stomach?
5 A. Yes, sir.
6 Q. And you say that he had his head
7 turned where he's looking up at you. Does he have his
8 head turned in this fashion then?
9 A. Yes, sir.
10 Q. And when he does that, can you just
11 point with the pointer where you and the defendant are at
12 this point.
13 A. Right in this area here.
14 Q. Are you able to see his face?
15 A. Yes.
16 Q. Are you able to see what he's doing?
17 A. Yes.
18 Q. Okay. And the defendant is right next
19 to you; is that right?
20 A. Yes, sir.
21 Q. This child here, this small child,
22 could you see whether or not his eyes were open at that
23 point?
24 A. They were open.
25 Q. And, was he looking in your direction?
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1 A. Yes.
2 Q. Was he making any sort of noise?
3 A. Yes, he was.
4 Q. And what sort of noise was he making?
5 A. Like a gasping-type noise.
6 Q. Okay. So, this child -- this child
7 was not dead at this point, was he?
8 A. No.
9 Q. What did you do then?
10 A. I instructed her to get some towels
11 and put them on his back to try to stop the bleeding.
12 Q. And, what did she do?
13 A. Nothing. She kept telling me that
14 when she chased the suspect across the kitchen, that he
15 had dropped the knife by the utility -- somewhere over
16 here in this area, and that she had picked up the knife
17 and brought it back and set it on the counter. And she
18 told me that she thought she had messed up the
19 fingerprints.
20 Q. Well, at the time, Officer Waddell,
21 that you asked her again to care for this child over
22 here, this child with his eyes open? Did you feel that
23 she was capable of rendering assistance to this child?
24 A. Yes, sir.
25 Q. Okay. Why do you think that she was
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1 capable of assisting this child?
2 A. Well, she appeared to know everything
3 that was going on inside the house. She was real alert
4 and able to tell me what had happened. I thought if she
5 was worried about fingerprints on a knife, she could
6 certainly take care of her kids.
7 Q. Okay. She didn't go over there?
8 A. No.
9 Q. And, again, let me just ask you again,
10 this second time when you requested that she assist this
11 child, and she didn't, why didn't you, yourself, now go
12 over here and do that?
13 A. At that point, I didn't know where the
14 suspect was. I thought he was still in the house. I
15 positioned myself between - - between them and the rest
16 of the house. This was the only way to get into this
17 room. I positioned myself right here, until I could get
18 another backup officer to help me clear the house.
19 Q. Okay. What happens if you go over
20 here and start tending to him and you have a suspect come
21 in the room?
22 A. Then he stabs me too.
23 Q. Okay. You positioned yourself in this
24 area; is that correct?
25 A. Yes, sir.
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1 Q. Okay. What's the next thing that
2 happened?
3 A. I waited there until Sergeant Walling
4 arrived, which was -- it wasn't too long after that.
5 Q. What was the purpose of waiting for a
6 second officer before you did anything else?
7 A. It's procedure to wait on another
8 officer. And this was certainly a life-threatening
9 situation, and I didn't want to walk out in the garage,
10 not knowing what was in there by myself.
11 Q. Okay. You said the second officer's
12 name is Matt Walling; is that correct?
13 A. Yes, sir.
14 Q. Also a member of the Rowlett Police
15 Department?
16 A. Yes, sir.
17 Q. At the time was he a sergeant?
18 A. Yes, he was.
19 Q. Is he one of the shift supervisors?
20 A. Yes.
21 Q. And did he, in fact, enter the
22 residence and meet up with you then?
23 A. Yes, he did.
24 Q. And when, I think at the time he was a
25 sergeant. Correct?
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1 A. Yes.
2 Q. Now he's a lieutenant?
3 A. Yes, sir.
4 Q. When Lieutenant Walling came in, can
5 you tell the members of the jury what you and Lieutenant
6 Walling did then?
7 A. He came in and met me right where I
8 was standing. I briefed him on what happened, and that
9 the suspect was probably still in the house somewhere,
10 most likely in the garage. And then we walked through
11 the kitchen and went into the garage to check and see if
12 anybody was in there.
13 Q. This rectangular object here in the
14 kitchen area, what is that?
15 A. That's a small island in the kitchen.
16 Q. All right. And, do you recall how you
17 and Lieutenant Walling actually went from this area back
18 through the utility room?
19 A. Yes, sir. We came this way around the
20 island and around this way.
21 Q. All right. And just so we can orient,
22 these green rectangles, are those rugs?
23 A. Yes.
24 Q. All right. This circular object, what
25 is that circular object there in the kitchen?
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1 A. I believe it was a wine rack.
2 Q. So, you then went past the wine rack,
3 and then you went to the right of the island; is that
4 right?
5 A. Yes.
6 Q. Could you see anything on the floor of
7 the kitchen as you went that direction?
8 A. There was blood on the floor and a
9 broken wine glass. I remember seeing the wine glass and
10 the blood.
11 Q. Okay. What did you do in response to
12 that?
13 A. I stepped over it.
14 Q. Okay. Did you, in fact, get back to
15 the utility room?
16 A. Yes.
17 Q. Is there a door that separates the
18 kitchen and the utility room?
19 A. Yes.
20 Q. That morning, do you recall whether or
21 not the door was open or not?
22 A. It was open.
23 Q. Did both you and Lieutenant Walling go
24 into the utility room then?
25 A. Yes.
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1 Q. Is there a door here that separates
2 the utility room from the garage?
3 A. Yes.
4 Q. All right. That morning when you went
5 into the utility room, was that door opened or was it
6 closed?
7 A. This door here was closed.
8 Q. All right. And that would be the door
9 that separates the house from the garage. Correct?
10 A. Yes, sir.
11 Q. Could you see any sort of damage to
12 that door, wood broken off, chips, anything to indicate
13 that there had been a forced entry made on that door?
14 A. No, sir.
15 Q. What's the next thing that happened
16 when you and Lieutenant Walling went back to the utility
17 room?
18 A. Lieutenant Walling opened the door,
19 and then it was dark inside, so he scanned across this
20 way with his flashlight. And, he stepped in and went to
21 the left and I went in the doorway and looked to the
22 right.
23 Q. Okay. Do you know how far into the
24 garage Lieutenant Walling went?
25 A. I'm not for sure exactly how far it
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1 was. It wasn't real far.
2 Q. You say that he scanned with his
3 flashlight. Were the lights on in this garage here?
4 A. No.
5 Q. Okay. Did you have your flashlight
6 out also?
7 A. Yes, I did.
8 Q. Okay. And, he scanned toward the
9 left; is that right?
10 A. Right.
11 Q. Did you actually step into the garage
12 yourself?
13 A. I was right in the doorway.
14 Q. All right. And, you scanned toward
15 the right portion of the garage; is that correct?
16 A. Yes, sir.
17 Q. Did you see anyone when you went out
18 there into the garage?
19 A. No.
20 Q. Did you hear anyone out in the garage?
21 A. No.
22 Q. Did Lieutenant Walling stay in the
23 garage, or did he come back in?
24 A. He came right back in.
25 Q. And, when y'all -- when both of you
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1 are now in the utility room, what's the next thing that
2 happens?
3 A. Lieutenant Walling told me that he saw
4 the cut screen on the window.
5 Q. All right. If you could, just to kind
6 of orient the jury. We've got some areas up here. Does
7 this garage have several windows on this wall of the
8 garage?
9 A. Yes.
10 Q. And this area here, just the white
11 area, is that basically -- that's the backyard, is it
12 not?
13 A. Yes, sir.
14 Q. Okay. Would you label that as
15 backyard.
16 A. Yes, sir.
17 Q. And the windows then would look out
18 into backyard from the garage; is that right?
19 A. Yes.
20 Q. All right. And he told you that he
21 saw a screen that had been cut on one of these windows?
22 A. Yes, sir.
23 Q. All right. Did you step out to look
24 at it at that time?
25 A. No.
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1 Q. Okay. What did you do?
2 A. I turned around and went back to the
3 kitchen where they were.
4 Q. And if you could, with a pointer, just
5 indicate the route that you took when you went back into
6 the utility room, through the kitchen, back to the family
7 room, what route did you take, a different route, or the
8 same route?
9 A. It was the same route right through
10 here, around the island and back right over to this area.
11 Q. Okay. How about Lieutenant Walling,
12 did he follow you back into the family room?
13 A. No.
14 Q. Okay. Did you see where he went?
15 A. I didn't see where he went, no, sir.
16 Q. Okay. Did he tell you that he was
17 going to go some place else though?
18 A. Yes, sir.
19 Q. Okay. Where did he say he was going
20 to go to?
21 A. He told me he was going to go around
22 to the backyard.
23 Q. All right. Why didn't you go to the
24 backyard with him?
25 A. I was going back over here, because
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1 the house still wasn't secured at that time. I went back
2 over here with them. I believe there was another officer
3 coming to meet Lieutenant Walling.
4 Q. Okay. Well, at the time that y'all
5 are coming back, had you had an opportunity to make a
6 full search of this formal living room?
7 A. No, sir.
8 Q. How about the breakfast -- in this
9 area? Did you have a chance to make a complete search of
10 it also?
11 A. No, sir.
12 Q. How about the formal dining room, have
13 you had a chance to make a full search of it also?
14 A. No.
15 Q. Bathroom in here?
16 A. No, sir.
17 Q. Had anybody at that point gone to any
18 of the upstairs rooms to check them out?
19 A. No, sir.
20 Q. So, you come back in here, and
21 Lieutenant Walling leaves the house to go to the
22 backyard; is that right?
23 A. Right.
24 Q. As you come back in here, Officer, is
25 there anybody still in this family room?
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1 A. Yes, sir.
2 Q. Okay. Could you just tell us who is
3 still in the family room when you come back?
4 A. The defendant's still in the family
5 room.
6 Q. And where is she?
7 A. Still right -- she's over in this area
8 right here.
9 Q. Do you remember what she's doing when
10 you come back?
11 A. I don't remember exactly what she was
12 doing, just standing there.
13 Q. Did you look over to see whether or
14 not a rag or towel or anything had been placed on the
15 back of this smaller child?
16 A. Yes, sir.
17 Q. And what was the result?
18 A. There was none.
19 Q. So the defendant is still over in this
20 area near the kitchen bar. Do you remember whether or
21 not her husband, Darin, was still in the room at that
22 time.
23 A. I think he was. I'm not for sure. He
24 came -- he was in there shortly after I got back in
25 there.
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1 Q. Okay. The second child still in the
2 same position?
3 A. Yes.
4 Q. At any point, did any other persons
5 come into this family room?
6 A. Yes.
7 Q. Okay. Who else came into the family
8 room?
9 A. The paramedics.
10 Q. From the Rowlett Fire Department?
11 A. Yes, sir.
12 Q. Can you just describe briefly, how
13 they came in and where they went to?
14 A. When they came in I was standing right
15 here beside the defendant. At that time her husband was
16 in there, Darin. I told both of them to come back over
17 here and sit down up against the sliding glass doors, and
18 kind of stay out of the way.
19 Q. Okay. Is there a sliding glass door
20 that's on this portion of the room that leads from the
21 family room back out into the garage?
22 A. It leads into the backyard.
23 Q. Yeah, into the backyard. Okay. From
24 the family room into the backyard. Also some windows
25 across this portion of the room; is that right?
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1 A. Yes, sir.
2 Q. And then we've indicated some
3 furniture. There's two couches; is that correct?
4 A. Yes, sir.
5 Q. They've got a coffee table?
6 A. Yes.
7 Q. And a chair over in this location.
8 Right?
9 A. Yes, sir.
10 Q. And is the fireplace over in this
11 portion of the room?
12 A. Yes.
13 Q. We've got a rectangular space here.
14 What is that over there? Do you recall?
15 A. I don't recall what it was.
16 Q. You indicated that you had them come
17 over to this area of the family room close to the sliding
18 glass door; is that right?
19 A. Yes, sir.
20 Q. Did they go over there?
21 A. Yes, sir.
22 Q. Okay. How many paramedics came in?
23 A. Two initially.
24 Q. All right. And where did they go to?
25 A. The first paramedic went to this
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1 child, and the second one came right over here to this
2 child.
3 Q. Okay. Over here. On this diagram,
4 we've indicated this couch to be up closer to the window.
5 In fact, is there a little bit more space between this
6 couch and the windows back here?
7
8 MR. DOUGLAS MULDER: Object to
9 leading.
10 THE COURT: Overruled. Go ahead.
11 THE WITNESS: Yes, sir, there is.
12
13 BY MR. GREG DAVIS:
14 Q. Okay. And again, with the pointer, if
15 you will, just indicate how the paramedic traveled to
16 reach the second child if you recall.
17 A. He came around this way. I don't know
18 which route he took. I know he walked past me and around
19 this way.
20 Q. Do you know the name of the paramedic
21 that went over here to care for this second child?
22 A. I think his first name is Brian. I'm
23 not sure.
24 Q. Do you recall the name of the
25 paramedic that went to the smaller child?
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1 A. No.
2 Q. What's the next thing that you saw
3 happen?
4 A. Well, this paramedic moved over here
5 to pick this child up and took him outside.
6 Q. Now, during the time period that the
7 paramedic is working on this first child over here, is
8 the defendant still over here?
9 A. Yes.
10 Q. While the first child is still in the
11 house, did you ever hear the defendant ask anyone in that
12 room about the condition of this first child?
13 A. No.
14 Q. Did you ever hear her say anything at
15 all, concerning this first child that's laying over here?
16 A. No.
17 Q. While the paramedic was working on
18 this second child over here, did you ever hear the
19 defendant make any inquiries about the condition of this
20 second child?
21 A. No.
22 Q. Did you ever ask her -- did you ever
23 hear her say anything regarding this second child that
24 was being worked on by this paramedic?
25 A. No.
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1 Q. When the paramedic took this child
2 out, how did he take him out of the house? What route
3 did he take?
4 A. He picked him up and just carried him
5 straight out the front door.
6 Q. All right. And, Officer Waddell, as
7 this first child was being taken out, did you hear the
8 defendant make any inquiry about where her child was
9 being taken to?
10 A. No.
11 Q. Did you hear her say anything at all,
12 concerning this first child, as the paramedic is taking
13 him out the front door?
14 A. No.
15 Q. Did she make any attempt whatsoever to
16 follow the paramedic out, as he took this first child out
17 of the house?
18 A. No.
19 Q. What's the next thing that happened
20 after the first child was taken out of the house then?
21 A. Well, this paramedic came around and
22 told me that there was nothing he could do for that child
23 over there. At that time, Lieutenant Walling