Consequences Ch. 02

"That's right, Bettina!" said Penis Holder as the feed switched to him in the 'Jasmine' club parking lot, surrounded by young blacks wearing red Antifa and black 'Black Voices Raised' t-shirts. "Friday is the important anniversary of emancipation known as 'Juneteenth', and black civic leaders are calling for peaceful marches to protest white Police brutality against People of Color."

"I'm with Town & County Council candidate Edgar Silas, who won his nomination race fairly." said Holder. The camera panned out to show Silas standing next to Penis Holder, who said "Mr. Silas, why is it important to hold peaceful protests on Juneteenth?" (Talk about a stupid question, but that's the Mainstream Media for you.)

Silas: "Lester, the Black Community must rise up in protest of the treatment of People of Color at the hands of white Police and White Nationalist politicians like illegitimate Mayor Daniel Allgood. We must march to show white Conservatives that their racism will not be tolerated!" The crowd began cheering and chanting...

* * * * * * * * * * * * * *

Teresa was typing furiously on her Police iPhone. "I'm sending all the relevant Captains and Lieutenants orders to get our people ready for Friday. I don't need to the be the Iron Crowbar to see what's going to happen."

"Hell, they're actually telling us what they're going to do." I said.

"Maybe the protests will be peaceful." said Chief Moynahan. I shook my head vigorously in disagreement.

"It's like we've discussed before, Chief." I said. "Truly peaceful protests will not get one bit of Press attention, which is what they're craving. They're announcing their marches so that We the Police will respond, and they fully intend to get violent so that we'll have to respond and the Media can film it. Then the Media will carefully edit the footage to make it look like the Police are the aggressors."

"I totally agree." growled Sheriff Griswold, a comment directed at Chief Moynahan.

*BRING!* *BRING!* *BRING!* *BRING!*

It was my Police iPhone. I answered. "Troy... at Headquarters... okay, we'll be there in a few minutes." After disconnecting, I said "You get one guess who that was, and it should be 'District Attorney Walters'. She wants Teresa and me to come to the Courthouse now, theoretically for prep. They're expecting us to be called to the stand today..."

I was actually glad D.A. Walters had called; it was starting to get tense between the Sheriff (on my behalf) and the Chief again...

* * * * * * * * * * * * * *

Paulina could talk to us in the Witness Room, and she did so. "They're going to try to give both of you grief." she said. "Just answer the questions simply; remember, you're talking to the Jury, not to Gwen Munson. Don't get into anything with them. Let me protect you with objections."

After she left the room, D.A. Walters came in. "Just answer the questions as simply as you can. Don't worry about the Jury; you'll never please all of them all the time." She looked us over, finding our uniforms impeccable. "Do you always shine your shoes that brightly?" she asked, noting my patent leather shoes had a practically mirror finish.

"Oh yes." I said. "I can't let my Officers look better than me." Teresa barely hid a smirk, knowing that my best efforts couldn't overcome Theo Washington for 'G.Q.' supremacy.

"You know," Miriam Walters said, "it would suit me just fine if Gwen Munson fucks up and we have a mistrial on this. Maybe the Black Community will understand, if that's the reason for it."

"That's a thought." I said. Walters excused herself and left the room...

* * * * * * * * * * * * * *

"The People call Teresa Croyle to the stand." Paulina announced.

Teresa came into the Courtroom through the back door and strode up the aisle to the Bench, acting as if she owned the room. She was wearing a skirt, and her black high-heel pumps were shined to the daughter-of-a-Paratrooper standard. Her oak leaves on her shoulders were as shiny and bright as her badge and name tag. The many ribbons over her right pocket flap were aligned perfectly. The Medal of Valor on its red ribbon around her neck reflected the light.

After being sworn in and seated, Paulina said "State your name and occupation, please."

"Teresa Croyle, Operations Commander for the Town & County Police."

"Your Honor," said Paulina, "to establish the credibility of this witness, I'd like to state her record for the Jury."

"Objection." said Gwen Munson. "Her name and occupation are sufficient."

"Overruled." stated Judge Watts. Paulina read Teresa's awards into the record, which included the Medal of Valor, Distinguished Police Cross, Distinguished Service Medal, six Purple Orders, and the Governor's Gold Medal.

Paulina said "Commander, you were present at the second incident?"

"Yes ma'am." replied Teresa, being polite and respectful to help Paulina's status with the Jury.

"You arrived with Commander Troy?"

"Yes ma'am, I was riding in his vehicle with him." Teresa said.

Paulina guided Teresa through testimony about the first incident and issuing the prohibition of ordering someone to their knees if they weren't belligerent, as well as a few more questions pertaining to who was at the scene and the early stages of the conflict. Then Paulina asked "Did the Defendant point his service weapon at the man and the boy?"

"Yes ma'am." Teresa said.

"Did the Defendant use the n-word?" asked Paulina.

"Yes ma'am." said Teresa. "He shouted it so loud it was easy to hear him clearly."

"Did Commander Troy strike the Defendant's weapon with his, Commander Troy's crowbar?"

"Yes ma'am." said Teresa.

"Did the Defendant assault Commander Troy after that?" asked Paulina.

"Yes," said Teresa, "but I did not see much of that."

"Why not?"

"I was busy taking down Officer Justin Hendricks after he unnecessarily drew his service weapon and aimed it at Commander Troy." Teresa said.

"Why did he do that?" asked Paulina.

"Objection." said Gwen Munson. "Calls for speculation."

"Sustained." said Judge Watts.

Paulina said "To confirm, Officer Hendricks had drawn his weapon and was pointing it at Commander Troy?"

"Yes." said Teresa.

"Your witness." Paulina stated. The Union lawyer got up.

"Lieutenant Commander Croyle," he said, "could Officer Hendricks have drawn his weapon to cover the man and the boy, what with the distraction of the altercation between Commander Troy and my client?" Paulina could've objected on the grounds that it called for speculation, but she allowed Teresa to answer.

"No." Teresa said. "Hendricks was looking at Commander Troy the entire time, and like I said, he pointed his weapon at Commander Troy, not at anyone else."

"Just so that we can understand fully," he said, "will you confirm that you saw Officer Hendricks looking at Commander Troy the whole time, and that he did not look towards the others?"

"I confirm that I never saw Hendricks look at anything but Commander Troy." Teresa confirmed.

"So you were watching Hendricks the entire time?" asked the wily lawyer.

"I was keeping an eye on him." said Teresa.

"So tell me, Lieutenant Commander Croyle," the lawyer thundered, "how you could have also seen Commander Troy use his crowbar to strike my client's weapon!"

Teresa paused only slightly before saying "It was all right in front of me." It was only a slight pause... but it was enough for the Jury to notice. The Union lawyer pressed:

"So you were looking in two places at once, Lieutenant Commander Croyle?" he thundered. "How can you so clearly state that you saw two different things that were happening at the very same time?"

"I don't accept the premise of your question." Teresa said levelly. "They weren't right at the same time."

"Weren't they?" asked the Union lawyer. "I don't understand how you can say you saw both Commander Troy assault my client by striking his service weapon, then my client supposedly assaulting your Commander, and then say you could see where Officer Hendricks was looking and what he was doing! And on top of that, do you mean to tell me that you weren't distracted by the rather loud noise of my client's firearm going off?"

"Objection!" yelled Paulina, rising to her feet.

"I withdraw the question." said the Union lawyer. "One other question, Lieutenant Commander Croyle: Officer McElwane testified under oath that you ordered him to put into his Police report things that my client said or might have said, and he felt pressured to go along with what other Officers said, though he himself was not sure. Did you order him to amend his Police report in that fashion?"

"What I said was----" Teresa started.

"It's a yes-or-no question!" the lawyer thundered.

"No it's not." Teresa said. "What I actually said was----"

"Your Honor," said the lawyer, "would you please order this witness to answer the simple question, or hold her in Contempt?"

"Objection!" Paulina shouted. "Counsel is badgering the Witness!"

"Sustained." said the Judge. "Let her answer the question."

"I withdraw the question." said the lawyer, surprising most people in the room.

On re-direct, Paulina tried to salvage the situation: "Commander Croyle," she said, "what exactly did you order your Officers to do regarding their Police reports and what the Defendant said during the incident?"

Teresa said "I told them that if they need to, they should amend their reports to include what they heard Sergeant McCombs say during the incident, knowing that the subject would come up at trial."

"Did you tell them what to put in their reports?" Paulina said.

"Only to add what they saw and heard." Teresa said. "But I did not tell them what words to put into the reports, nor ask them to form a consensus opinion and put that into their reports."

Paulina continued: "And during the incident, you were keeping an eye on Officer Hendricks?"

"Yes." Teresa said.

"Why?" Paulina said.

"Because I didn't trust Officer Hendricks." Teresa said. "He has been associated with Sergeant McCombs and other Officers where Internal Affairs investigations have been needed---"

"Objection." stated the Union lawyer. "Relevance."

"May I approach the Bench, Your Honor?" Paulina asked.

"Yes. Both sides." said Judge Watts. He looked over at the Jury, then astutely said "Let's let the Jury take a ten minute recess for a potty break." The Jury was escorted out.

Paulina said at the sidebar: "Your Honor, I can show the relevance, but I will need to gather corroborating Police reports. So I ask that this Witness be subject to recall for tomorrow."

"Your Honor," said Gwen Munson, "Prosecution has not provided the Defense with these materials that she now wants to sneak into evidence under our noses. If you allow that evidence, I demand a continuance to allow us to study it."

"What reports are you thinking of?" asked Judge Watts to Paulina.

"The Brett Bryce incident, Your Honor." said Paulina. (Author's note: 'Teresa's Christmas Story Redux'.) "Patrolman Bryce tried to kill a teenage girl and her dog, and Commander Croyle intervened. Officer Hendricks was present, as Bryce's backup. I just need to get the Police report to back the story up."

Judge Watts said "If you get it at lunchtime and submit it when Court reconvenes, with a copy for the Defense, then you can recall this Witness tomorrow morning. That should give the Defense plenty of time to review it."

"Your Honor, it's still an issue of relevance." said Gwen Munson. "My client was not present at that incident; it had nothing to do with him at all."

"Overruled." said Judge Watts. "But make sure you get that Police report in, Prosecutor, or I will not allow you to recall Commander Croyle."

As Judge Watts told Teresa she was subject to recall and would have to wait in the Witness Room, one of Gwen Munson's aides came into the Courtroom and up the aisle with a note. Munson read the note, blanched, then turned to her co-Counsels for an urgent conversation...

* * * * * * * * * * * * * *

"The People call Donald Troy to the stand." Paulina announced sonorously. The double doors in back swung open, and in strode Your Iron Crowbar.

I was silently humming to myself the Star Wars 'Imperial March' as I walked down the aisle, keeping myself as tall and straight as I could. The 'girdle' helped. I had my highwall Police hat under my arm, trying to imitate Jack Nicholson's entrance in 'A Few Good Men'. I could feel and see the eyes upon me. The Press stared at me with hatred. Paulina made a point to not look at me, having once told me she would have to fight the urge to jump my bones and bang me right then and there...

I glanced at the Jury as I came in. Most are usually impressed with the rows of ribbons on my uniform jacket and the MOV with Oak Leaf Cluster around my neck. But this Jury looked very uninterested. Not good, I thought. Not good.

I was sworn in. "Please state your full name and occupation."

"James Donald Troy, Town & County Police Commander." I replied.

Paulina asked to read my record so as to give me status as an 'expert witness'. Gwen Munson objected, though not with her usual fervor. Judge Watts overruled it, and Paulina read my awards, ending with "... the Governor's Gold Medal, the State Citation of Merit, the Secretary of Defense Medal for Valor, the FBI Medal for Meritorious Achievement, the TCPD Distinguished Service Medal, two TCPD Purple Orders, and he is the only person ever to be awarded two Town & County Medals of Valor."

With that, Paulina began. She guided me through explaining what had happened coming up to the incident with McCombs, then the details of what happened. She went through why I carried a crowbar in the first place, then what I knew about the first incident.

Then she led me through my portion of the locker room incident, before getting to the second incident, the one involving McCombs.

"You heard the Defendant use the n-word?" Paulina asked, more as a statement.

"Yes." I said. "More than once."

She asked "Commander, you struck the Defendant's weapon with your crowbar, correct?"

"Yes ma'am." I replied.

"What was the make and model of the Defendant's service weapon?" she asked.

"A Beretta 92D, nine millimeter semi-auto pistol." I said.

Paulina then got up and faced the Jury with a document in her hand. She said "A stipulation is evidence or a fact that the Prosecution and Defense agree upon. This document has been issued by the Beretta Corporation, and states----"

"Objection!" said Gwen Munson. "Defense never agreed to any stipulations." The Union lawyer all but pulled her back into her seat and told her that they'd agreed to it. If looks could kill, he'd be dead.

"I withdraw the objection, Your Honor." Gwen announced, her face beet-red with anger and humiliation.

Paulina said. "The Beretta Corporation issued this report, stating that none of their 92 series service weapons could discharge solely upon being struck by an object such as a crowbar, especially from underneath."

She then turned to me. "Commander, the Defendant's service weapon did discharge, did it not?"

"Yes it did." I said.

"If, as the manufacturer's report stipulates, it could not have fired simply by you striking it, how could it have gone off?"

"Objection, calls for speculation." said the Union lawyer.

"Your Honor," said Paulina, "Commander Troy's record, as well as his experience with firearms in his military and Police service, more than qualifies him as an expert witness on the subject."

"I agree." said Judge Watts. "The objection is overruled. You may answer the question, Commander."

"Thank you, Your Honor." I said. "The only way that Sergeant McCombs's weapon could be fired was if he was in the act of pulling the trigger."

"So he was pulling the trigger, to shoot the unarmed black man, when you struck the weapon and caused him to miss." Paulina said.

"Yes." I said.

Paulina picked up an evidence bag, which contained McCombs service weapon. "Was this the gun that the Defendant fired at the victim?" she asked.

"May I?" I asked, all according to script. I put on latex gloves, took the firearm out of the bag, examined it, and said "This does appear to be the gun. It's the same model, for sure, and there's a mark on the bottom of the barrel where my crowbar struck it."

"Would you please tell the Jury how you are certain that the gun could not have fired by the crowbar blow causing him to reflexively pull the trigger?"

"May I stand, Your Honor?": I asked. Judge Watts nodded and I stood up and half-faced the Jury. I first cleared the weapon, which was empty but I always make sure. Then I said "The Beretta 92D is a double-action only, or DAO, which means it cannot be cocked like a Beretta 92FS and other similar pistols."

"Like this weapon?" Paulina asked, holding up another bagged firearm. It was actually from the TCPD's Armory.

"Yes." I said taking it out of the bag. I cleared the weapon. "As you can see," I said to the Jury, "this 92FS's hammer has cocked when I pulled back the slide. In this configuration, the trigger is a hair trigger, and can easily be pulled back." I pointed at the floor and gently pulled the trigger, and the hammer came forward and struck the back of the firing pin.

"In double action mode, with the hammer not cocked" I said, pulling the 92FS's trigger with the gun not cocked, "it takes an effort to pull the trigger, to make the hammer cock back." I demonstrated to the Jury. "And by the way, I am keeping the weapon pointed in a safe direction, even though I know it's empty."

I handed the 92FS back to Paulina, who bagged it again, and I picked up the 92D. "As you can see, the hammer of the 92D is 'bobbed', so that it conforms to the curve of the back of the slide. I cannot manually cock it." I pulled back the slide and released it. "And working the action also does not cock it, as doing that for the 92FS did."

I continued: "What this amounts to, is that the 92D cannot be cocked and won't have a hair trigger. Therefore, unlike the 92FS, the only way it could fire was if McCombs was actually intentionally pulling the trigger. Ergo, he was firing it, and my intervention prevented the bullet from striking his intended target nor anyone else."

As I looked at the Jury, I observed something I considered to be a 'strangeness'. The blacks on the Jury, especially the three black women, were nodding their heads and actually smiling a little bit. But three of the white men were frowning, as if my lesson was something they did not want to hear.

Paulina said "And you were close enough to see the model of weapon that the Defendant was holding, correct? So you knew it was a DAO weapon."

"Yes." I said.

After some more questions about McCombs attack on my and my skillful refutation of it, followed by the pressing of charges for insubordination and assaulting a Police Officer (me), Paulina said "Your witness."

Somewhat to my surprise, it was the Union lawyer that got up instead of Gwen Munson. "Commander," he said, "how could you tell that the Defendant was going to pull the trigger?"

"He said he was going to." I said. "He started counting down. And as I said before, he actually fired the gun."

"The gun fired at the same time your crowbar struck it." said the lawyer. "In fact, due to the speeds of bullets, the gun had to have fired after your crowbar struck it, or it would not have fired over everyone's heads, is that not right?"

"Objection, calls for speculation." said Paulina.

"As you made clear," said the lawyer, to Paulina, "the Commander is an expert witness."

"You may answer, Commander." said Judge Watts.

"It would be speculation to try to answer that." I said. "I could probably get a determination of that from studying the Officer-cams that recorded the incident, but I have not studied them to that level of detail. So I can't definitively say."