Deposition of Detective Daniel Dowling

April 27, 2026 · Case No. 2024-L-005346, consolidated with 2024-L-010547

HTML reproduction of all 115 filed PDF sheets, with original page and line numbers. The transcript, word index, and supplemental pages are searchable text.

Contents
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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Page 1
1IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
2COUNTY DEPARTMENT - LAW DIVISION
3 
4DELBERT J. CHARLES, as ) Independent Administrator )
5of the Estate of ABNERD ) JOSEPH, deceased, )
6Plaintiff, ) Case No. vs. ) 2024L005346
7SUDLER AND COMPANY d/b/a ) Cons w/ SUDLER PROPERTY MANAGEMENT ) 2024L010547
8LEGACY AT MILLENNIUM PARK ) CONDOMINIUM ASSOCIATION, )
9DEBORAH ROMERO, DOMINIC ) TEDALDI, GARRET MARK )
10SMITH, YOUNAN "JOSEPH" ) NENA, ANDREW CLEMENT, )
11ROBERT JOHN BISHOPP, JR., ) and NATALIE BISHOPP, )
12Defendants. )
13 
14The deposition of DANIEL DOWLING, called for
15examination, taken pursuant to the provisions of
16the Code of Civil Procedure and the Rules of the
17Supreme Court of the State of Illinois pertaining
18to the taking of depositions for the purpose of
19discovery, taken before CARIANN WAGNER, CSR
20No. 084-003836 a Certified Shorthand reporter
21within and for the County of Cook, State of
22Illinois at Suite 2500, 151 North Franklin Street,
23Chicago, Illinois, on April 27, 2026 at 11:00 a.m.
24Job No. CS8015366
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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Page 2
1APPEARANCES:
2 
3ROMANUCCI & BLANDIN, LLC, by:
4MS. MAURA D. WHITE
5321 North Clark Street, Suite 900
6Chicago, Illinois 60654
7(312) 458-1000
8mwhite@rblaw.net
9Appeared on behalf of the Plaintiff;
10 
11 
12DERATANY & KOSNER, by:
13MR. JAY PAUL DERATANY
14221 North LaSalle Street, Suite 2200
15Chicago, Illinois 60601
16(312) 815-6231
17jpderatany@lawinjury.com
18Appeared on behalf of Delbert J.
19Charles;
20 
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23 
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Page 3
1APPEARANCES:
2HINSHAW & CULBERTSON, LLP, by:
3MR. ANSHUMAN A. VAIDYA
4151 North Franklin Street, Suite 2500
5Chicago, Illinois 60606
6(312) 704-3000
7avaidya@hinshawlaw.com,
8Appeared on behalf of Defendant,
9Millennium Park Condo Association and
10Younan "Johah" Nena;
11 
12SWEENEY, SCHARKEY & BLANCHARD, LLC, by:
13MS. ERIN I. WENGER
14MR. MICHAEL KING
15230 West Monroe Street, Suite 1500
16Chicago, Illinois 60606
17(312) 384-0500
18ewenger@ssbpartners.com,
19mking@ssbpartners.com,
20Appeared on behalf of Defendant, Garrett
21M. Smith;
22 
23 
24 
Page 4
1APPEARANCES:
2 
3AMUNDSEN DAVIS, by:
4MR. MICHAEL NEGA
53815 East Main St., Suite A-1
6St. Charles, Illinois 60174
7(630) 587-7910
8Appeared on behalf of the Defendant,
9Andrew Clement;
10 
11COZEN O’CONNOR, by:
12MR. MICHAEL WEISS,
13123 North Wacker Drive, Suite 1800
14Chicago, Illinois 60606
15(312) 382-3100
16mweiss@cozen.com,
17Appeared on behalf of the Defendants,
18Sudler and Company, Dominic Tedaldi,
19Deborah Romero;
20 
21 
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23 
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Page 5
1APPEARANCES CONTINUED:
2 
3BEST VANDERLAAN & HARRINGTON, by:
4MS. CHRISTINA TRIBBIA
5200 North LaSalle Street, Suite 2600
6Chicago, Illinois 60601
7(312) 819-1100
8ctribbia@bestfirm.com,
9Appeared on behalf of the Defendants,
10John and Natalie Bishopp;
11 
12 
13CITY OF CHICAGO, by
14MR. DANIEL WANGLER
152 North LaSalle Street
16Chicago, Illinois 60602
17(312) 744-0220
18Appeared on behalf of the deponent.
19 
20ALSO PRESENT: GARRETT M. SMITH
21* * *
22VIDEOGRAPHER: BEN DIXON
23REPORTED BY: CARIANN WAGNER, C.S.R.
24CERTIFICATE NO. 084-003836
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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3 (Pages 6 - 9)
Page 6
1 
2INDEX
3WITNESS EXAMINATION
4DANIEL DOWLING
5By Mr. Vaidya 10, 203
6By Mr. Deratany 79, 206
7By Ms. White 118, 206
8By Ms. Tribbia 164, 217
9By Mr. Weiss 170, 216
10By Mr. Nega 173
11By Mr. King 177, 218
12EXHIBITS
13NUMBER PAGE
14Exhibit No. 1 Cleared Closed Report 25
15Exhibit No. 2 ** audio file ** 43
16Exhibit No. 3 ** audio file ** 70
17Exhibit No. 4 Case Supplementary Report 85
18 
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Page 7
1THE VIDEOGRAPHER: Good morning. We're going
2on the record at 11:11 a.m. on April 27, 2026.
3Please note that the microphones are sensitive and
4may pick up whispering and private conversations.
5Please mute your phones at this time. Audio and
6video recording will continue to take place unless
7all parties agree to go off the record. This is
8media unit one of the recorded deposition of
9Detective Daniel Dowling taken by counsel for
10defendant in the matter of Delbert J. Charles
11versus Sudler & Company, et al., filed in the
12Circuit Court of Cook County Illinois, County
13Department, Law Division, case Nos. 2024 L 005346
14consolidated with 2024 L 010547. The location of
15the deposition is 151 North Franklin, Suite 2500,
16Chicago, Illinois.
17My name is Ben Dixon, CLVS, representing
18Veritext Legal Solutions and I'm the videographer.
19The court reporter is Cari Wagner from the firm
20Veritext Legal Solutions.
21I am not related to any party in this
22action, nor am I financially interested in the
23outcome. If there are any objections to
24proceeding, please state them at the time of your
Page 8
1appearance.
2Counsel and all present, including
3remotely, will now state their appearance and
4affiliation with the record beginning with the
5noticing attorney.
6MR. VAIDYA: Good morning, everyone. My name
7for the record is Anshunan Vaidya. That's
8A-n-s-h-u-n-a-n, V as in Victor, a-i-d, as in
9David, y-a. I represent defendants Legacy and Nena
10and I'm with the firm Hinshaw & Culbertson.
11MS. WENGER: Good morning,
12Erin Wenger, W-e-n-g-e-r and I'm with Sweeney
13Scharkey representing Garrett Smith in both
14matters.
15MS. WHITE: Good morning, Maura White on
16behalf of the plaintiffs in the wrongful death
17matter and the defendants in the defamation case.
18MR. KING: I'm not hearing by the way. If you
19guys are speaking, I'm not hearing anything.
20THE VIDEOGRAPHER: Can you hear us now?
21MR. KING: Now I can, yes.
22MR. WANGLER: Dan Wangler, W-a-n-g-l-e-r on
23behalf of City of Chicago and Detective Dan
24Dowling.
Page 9
1THE VIDEOGRAPHER: Will the court reporter
2please swear in the witness and counsel may
3proceed.
4MR. DERATANY: I'll also identify myself as
5Jay Deratany for the defendants in the defamation
6case and family members.
7MR. WEISS: Michael Weiss from Cozen O'Connor
8on behalf of Sudler and Dominic Tedaldi and Dominic
9-- or excuse me, Deborah Romero.
10MS. TRIBBIA: Chris Tribbia on behalf of the
11Bishopp defendants.
12MR. NEGA: Michael Nega on behalf of defendant
13Andrew Clement from Amundsen Davis.
14MR. KING: Mike King on behalf of Garrett
15Smith,
16MS. WENGER: And for the record, Mr. Garrett
17is also present with counsel.
18(WHEREUPON, the witness was duly
19sworn.)
20 
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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Page 10
1DANIEL DOWLING,
2called as a witness herein, having been first duly
3sworn, was examined and testified as follows:
4EXAMINATION
5BY MR. VAIDYA:
6Q. All right. Detective, just to set some
7ground rules. This is an exam. Nobody is
8necessarily trying to trick you. We just want you
9to relay the answers that you have to the best of
10your recollection. This isn't a courtroom, but,
11generally speaking, a lot of same rules apply as if
12you were testifying in court. So I just want to
13establish that -- you know, I'm going to ask you a
14bunch of questions. The other lawyers are going to
15ask you questions. If you don't understand a
16question, you can say, I don't understand. You can
17ask me to rephrase it. But if you do answer my
18question, I'm going to assume that you understood
19the question; is that fair?
20A. Yes, sir.
21Q. All right. And if you need to take a
22break at any time, just say the word and we'll get
23you a break. And you understand that your words,
24even though this is a videotaped deposition, we
Page 11
1also ave a court reporter present so you need to
2verbalize any responses to make sure the court
3reporter can take it down.
4A. Yes, sir.
5Q. All right. Are you under the influence
6of any medication or substance, legal, prescription
7or otherwise that would in any way prevent you from.
8giving honest and accurate testimony here today?
9A. No.
10Q. Are you currently suffering from any
11mental or physical condition which would impair
12your ability to recall events from the past?
13A. No.
14Q. Or understand my questions?
15A. No.
16Q. Or otherwise testify truthfully here
17today?
18A. No.
19Q. All right.
20So you've testified in court before; is
21that right?
22A. Yes.
23Q. So about how many times have you
24testified, would you say?
Page 12
1A. In my 19-year career, I know it's over
2100.
3Q. Okay. Have you ever testified in a
4civil case?
5A. I was a witness in one civil case.
6Q. And was that in a courtroom or in a
7deposition like this one?
8A. It was in a deposition.
9Q. Okay. Could you tell us what city do
10you currently reside in?
11MR. WANGLER: Objection, personal. He's an
12officer. We'll offer it if he appears at trial.
13BY MR. VAIDYA:
14Q. All right. Where do you currently work?
15A. Chicago Police Department.
16Q. And you're represented by counsel here
17today?
18A. I am.
19Q. From Corporation Counsel's Office?
20A. Correct.
21Q. And how long have you been with the
22Chicago Police Department?
23A. July will be 20 years, so 19.
24Q. And can you describe -- generally
Page 13
1describe the training that you have received as a
2Chicago police officer starting with the academy
3up and through your current position?
4A. Sure. In July of '06, I began at the
5Chicago Police Academy. That was six months long,
6first firearms training, tactical training, law.
7Then as I became a full-fledged officer,
8there is continuing education, both online and
9in-person. I'm trained in sexual assault cases,
10violent crimes, lead homicide investigator
11training, trauma informed individual training,
12several state laws that were updated and just
13continued throughout my career.
14Q. And could you just walk us through your
15career in terms of your assignments as a Chicago
16police officer?
17A. Sure. I began my career in the west
18side of Chicago in the 11th District as a
19patrolman.
20I then went to several citywide units
21that were deployed. I worked protests. I worked
22any violent crimes I would respond to. For awhile
23I worked downtown at the critical incident response
24team, and then I was promoted to detective.
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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Page 14
1Q. And what year did you become a
2detective?
3A. February of '22.
4Q. And is that your current assignment?
5A. I'm a detective at 630, which is
6area 3, Chicago Police Defendant, violent crimes.
7Q. Can you describe to us the different --
8are there different types of detective assignments
9or is it just one -- one assignment?
10A. There's several types. There's three
11oversight office, which is violent crimes, then
12there's robbery, burglary, theft and then there's
13special victims unit. I'm assigned currently to
14violent crimes.
15Q. And when you became a detective, was
16that your assignment as well?
17A. Originally, yes, then I moved to work in
18homicide investigations. I just recently went to
19days, so now I do general assignment, anything
20generally besides shootings or murders I should
21work.
22Q. Can you tell us in your career as a
23detective the kinds of cases that you have
24investigated?
Page 15
1A. Sure. Any aggravated batteries, any
2shootings, homicides, stabbings, some things as
3little as nowadays as telephone threats I might
4work. Anything that comes my way that I'm
5assigned.
6Q. And do you recall what was your
7assignment back on September 14th, 2023?
8A. I was assigned to the afternoon homicide
9team.
10Q. And can you just briefly walk through
11the homicide specific training that you have
12received as a police officer?
13A. Sure. We have a week-long just strictly
14homicide investigator training and detective
15training. And then after this case, I then went to
16arefresher. Every three to four years we have to
17be refreshed, and I went through a lead homicide
18investigator refresher.
19Q. Now turning your attention back to that
20September of 2023, were you the primary detective
21assigned to investigate the death of an individual
22named Abnerd Joseph?
23A. I was.
24Q. And do you recall how did you receive
Page 16
1that assignment?
2A. Atour detective division there was a
3radio on and I heard that there had been a shooting
4and it looked like it was grave condition, so I
5proactively went to the scene. I wasn't assigned.
6It was my turn to take the case. My Sergeant was
7aware. And my Sergeant then said since I was up,
8that I would be assigned now, so we proactively
9went to the scene.
10Q. Can you tell us what is -- what is the
11typical method of how an assignment is made with
12respect to a homicide investigation?
13A. Sure. So usually preliminary
14investigators would be like a reporting officer
15would respond to the scene. They figure out what,
16if any, crime has occurred and then they notify the
17detective division of what crime occurred and then
18that's when we would be assigned.
19Q. Okay. So I just want to ask you some
20global questions about homicide investigations.
21Big picture, what is the duty and
22function of a homicide detective?
23A. Preliminary to identify any offenders
24and then make a physical arrest and then charge
Page 17
1them accordingly and then go to court.
2Q. Do you investigate to determine whether
3someone was murdered or not?
4A. Yes.
5Q. And do you determine which murder charge
6should be pursued or do you make recommendations
7with respect to that?
8A. I make an initial recommendation of the
9Cook County State's Attorney's Office and then the
10Cook County State's Attorney's Office ultimately
11decides.
12Q. Are you familiar with the Illinois
13statutes, the Illinois murder statutes?
14A. I am.
15Q. Is there a charge in Illinois called
16First Degree Murder?
17A. There is.
18Q. Andcan you just tell us what is a First
19Degree Murder charge?
20A. First Degree Murder is the intentional
21homicide of an individual.
22Q. Can you someone be charged with First
23Degree Murder even if they didn't intend to kill
24somebody but they engaged in an action and had
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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1knowledge and strong probability that death would
2be the result.
3A. Yes,
4Q. And can someone be convicted of First
5Degree Murder if they're committing another felony
6and a death occurs as a result?
7A. Yes.
8Q. All right. Now are you familiar with
9the charge of Second Degree Murder?
10A. Jam.
11Q. What's the difference between Second
12Degree Murder and First Degree Murder?
13A. Second Degree Murder might be a case
14where I would investigate that maybe the individual
15thought they were proper in First Degree Murder and
16it wasn't, so it would be a Second Degree Murder
17charge.
18Q. So what's an example of like a Second
19Degree Murder type case?
20A. Let's say a husband walks in,
21hypothetically, his wife is in romantic
22relationship with another individual, a crime of
23passion, he immediately murders him, then that can
24be Second Degree Murder.
Page 19
1Q. Okay. What about -- can someone be in
2your experience have there been any cases or are
3you familiar with the concept that you can be
4charged with Second Degree Murder if you have a
5belief that you're acting in self defense but that
6belief is not reasonable?
7A. Potentially.
8Q. And what about involuntary manslaughter.
9Are you familiar with that charge?
10A. I am.
11Q. What is involuntary manslaughter?
12A. Involuntary manslaughter, I have
13specific case where an individual struck another
14individual. He was holding a 9-year-old autistic
15child who then fell down the stairs and was killed
16as a result of striking that individual holding
17him, so that's involuntary manslaughter.
18Q. I see. And what about the charge of
19reckless homicide?
20A. Reckless homicide might be something,
21hypothetically speaking, playing with a firearm and
22it accidentally goes off and shoots somebody and
23murders them.
24Q. All right. Are there any other
Page 20
1death-related charges that would be within the your
2purview as an investigator to investigate when
3you're looking at someone who has been killed?
4A. There is a voluntary manslaughter and
5that about covers it.
6Q. All right. Now, can you just walk us
7through what are the basic steps, again big
8picture, that the Chicago Police Department engages
9when conducting a homicide investigation?
10A. Sure. We interview witnesses, process
11crime scenes, try to recover video, any type of
12electronics. We rendezvous with the Medical
13Examiner's Office. We find out cause of death and
14obviously speak to anybody at the scene, the
15preliminary investigators, as part of that.
16Q. And there any procedural rules that are
17specific to homicide investigations that might not
18apply to regular investigations?
19A. There are some investigations that are
20misdemeanor investigations I might be part of that
21are mostly over the phone. Obviously, as a
22homicide investigator, I'm talking to people face
23to face; but, otherwise, not that I can think of.
24Q. Are there any rules with respect to
Page 21
1recording interviews that you're aware of with
2regard to your role as detective?
3A. If I have a defendant in custody for a
4homicide investigation, it's going to be recorded,
5the interview. There are certain interviews that
6are not related to homicides.
7Q. Okay. All right. So there is a number
8of legal procedural positions someone can find
9themselves in and I wanted to ask you maybe just to
10explain the difference.
11What is -- is there a difference between
12within someone is detained versus when someone is
13in custody?
14A. So detained can be temporary. They can
15be released. When they're in custody, they are
16then transported to station. They transported from
17that scene, so detention is more temporary.
18Q. Okay. Is there a difference between
19being in custody and being under arrest?
20A. No.
21Q. Okay. Do homicide detectives decide
22whether someone should be put under arrest or put
23in custody on a murder charge?
24A. Depending on the case, it's possible,
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Page 22
1depending. You can send a fugitive apprehension
2unit to place that individual into custody, so then
3you're creating the situation where they are
4arrested. Sometimes it can happen on scene.
5Q. What's the interplay between the Chicago
6Police Department and the State's Attorney's Office
7in a typical homicide case?
8A. In a typical homicide investigation, I
9would notify them if there was an individual in
10custody. If I was building a case, I might notify
11them. They would come out, physically come out,
12review the case. We could speak -- if we have an
13offender that's located outside of the U.S., then
14we'll build a case and then try to do an arrest
15warrant but, basically, I'm a go-between. I
16present my evidence to the State's Attorney's
17Office.
18Q. And do you make recommendations to the
19State's Attorney's Office with respect to which
20murder charge may be viable?
21A. Initially, I do. And then once they
22make their determination, it's just them.
23Q. Do you have occasion to recommend to
24bring murder charges, or, to the opposite, say I
Page 23
1don't think murder charges should be brought in
2this case?
3A. I wouldn't then bring them if I brought
4them.
5Q. Okay. Do you help analyze whether a
6case is a strong or a weak case?
7A. No,
8Q. Do you determine whether or not the
9right person is being charged for murder?
10A. Can you say that again?
11Q. Do you try to help the State's Attorney
12determine whether they have got the right person
13charged with murder?
14A. Well, I would name that person and then
15if I found out it wasn't, I would notify them
16but -- so, yes.
17Q. Okay. And what about self defense, what
18role does a legal self defense issue play in terms
19of your investigation?
20A. If the individual that committed a
21homicide was valid under self defense, if it was
22reasonable and that's going, looking at a crime
23scene, speaking to witnesses, interviewing them,
24hopefully, and then determining from there.
Page 24
1Q. So you'll investigate a homicide as part
2of that if there is a potential for a legal self
3defense you would investigate that too?
4A. Oh, absolutely, because it is still an
5individual that's committing a homicide against
6another individual.
7Q. Can you tell us a little bit about
8homicide police reports? What kind of
9documentation is involved in a homicide case?
10A. Generally speaking, a case report is
11going to be drafted by the responding officers, the
12reporting officers. There could be supplemental
13reports. There can be canvass reports. There can
14be reports for any evidence. There's evidence
15technicians that draft their own. I as an
16inspector have draft several. And anybody that is
17an outside unit that kind of contributes to the
18case potentially can draft one.
19An example of that would be if I have
20somebody that performs a photo array, they would
21draft a report for that.
22Q. Okay. And what about when a case is
23closed, is there a separate report for that?
24A. It's called a closer, yes.
Page 25
1Q. Okay. All right. I'm just going to go
2ahead and show the witness what I marked Exhibit |,
3which is it's the Bates No. Joseph 13th Supp 214.
4It's the Cleared Closed Report.
5(WHEREUPON, a certain document was
6marked Deposition Exhibit No. 1, for
7identification.)
8BY MR. VAIDYA:
9Q. Do you recognize this document?
10A. I do.
11Q. What is that?
12A. That isa closer report that I drafted.
13Q. Okay. And why did you draft this
14report?
15A. To basically close the case, which ends
16it.
17Q. Well, let's walk back to the beginning
18of the case now.
19You heard -- you testified that you
20heard that there was a shooting and then you were
21up so you got assigned the case and then what did
22you do next?
23A. I proceeded to the scene of the
24shooting.
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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Page 26
1Q. And where was the shooting?
2A. 60 East Monroe on the 48th floor
3hallway.
4Q. And what were you aware of? What was
5the knowledge to the extent you can recall of what
6you were aware happened prior to your arrival at
7the scene?
8A. I was aware there was a shooting and an
9individual called 911 saying he was the shooter.
10Q. Were you aware that prior to the
11shooting dispatch had received calls of a
12disturbance?
13A. Notat that time I wasn't. I became
14aware later.
15Q. Okay. Were you made aware that dispatch
16had received a panic alarm from the lobby?
17A. Notatthat time. I became aware later.
18Q. Okay. Were you -- okay. All right.
19When you arrived, what's the first thing
20you recall, what did you sce at the scene?
21A. I observed numerous marked squad cars
22and Chicago Fire Department personnel in front and
23then I saw Mr. Garrett Smith being escorted to a
24car by transport officers.
Page 27
1Q. And when you saw Mr. Smith, did you
2speak to him briefly?
3A. TIdid.
4Q. And what did you say?
5A. I took that opportunity to build a
6rapport. I introduced myself -- excuse me --
7introduced myself and then I went inside the lobby.
8Sorry.
9Q. Go ahead. Take your time.
10A. Thank you.
11Q. All right. Did you plan to interview
12him further later?
13A. I did and that's why I introduced
14myself.
15Q. Okay. When you got to the lobby, I'm
16assuming that's the first place you went to when
17you entered the building?
18A. Correct.
19Q. Was there anyone else in the lobby?
20A. Mr. Nena, Mr. Clement and several
21individuals that worked like staff members for the
22building.
23Q. And did you conduct any preliminary
24witness interviews when you first came into that
Page 28
1lobby?
2A. I did.
3Q. And who did you interview?
4A. I spoke to Sergeant Gilliand and the
5responding officers.
6Q. Okay. Did you speak to any of the
7witnesses when you first got to the lobby?
8A. After afew minutes I did, but not right
9away.
10Q. Do you recall who you spoke with?
11A. I spoke with Mr. Nena.
12Q. Okay. Anyone else?
13A. J introduced myself to Mr. Clement.
14Q. Okay.
15A. I may have briefly spoke to like the
16building management.
17Q. Okay. Do you recall the name of the
18building management person that you spoke with?
19A. I don't.
20Q. That's okay. Did you eventually make
21your way up to the 48th floor?
22A. I did.
23Q. And how did you know to go to the 48th
24floor?
Page 29
1A. Sergeant Gilliand said that the crime
2had occurred up there.
3Q. When you got up to the 48th floor, what
4did you see?
5A. I saw a puddle of blood just left of the
6T-hallway intersection. I saw the bullet hole in
7the baseboard just south of that and five shell
8casings in line towards the Riccio apartment.
9Q. All right. Was there any jewelry or
10anything that you noticed at that time?
11A. Yes. In front of Ms. Meng's apartment
12that is around the corner, I observed that a little
13bit later.
14Q. All right. What was the general
15condition of that 48th floor hallway?
16A. It was adequately lit. There was no
17security cameras, just a basic condo hallway.
18Q. Aside from the bullets and the blood
19that you mentioned, so apart from the shooting
20evidence that you observed, were there any signs of
21a struggle or disturbance?
22A. Broken jewelry on the ground could be a
23sign of a struggle. There was two blood splatters
24on the wall. That could be a sign of a struggie.
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Page 30
1Q. Okay. Did you go to any other floors
2when you were there that evening?
3A. I went between the 40th floor and the
4lobby. Several individuals that assisted me wen
5to the 29th floor. I did not myself.
6Q. Okay. How long did you stay at the
7Legacy building that evening?
8A. I came and went over a span of a couple
9hours. I also went to the Medical Examiner's --
10excuse me, I went to the hospital morgue, yes,
11over a couple of hours.
12Q. And then did you have occasion to go
13back to area three?
14A. I did.
15Q. And so that evening into the early
16morning potentially did you have occasion to
17interview Garrett Smith?
18A. I did.
19Q. So unlike -- I don't know what happens
20in a typical homicide investigation, per se, but is
21it fair to say that this wasn't a who-done-it?
22A. Correct.
23Q. You knew who the shooter was?
24A. Absolutely.
Page 31
1Q. There was no question as to who fired
2the shot?
3A. No.
4Q. You had occasion to interview Garrett
5Smith. Where did that interview take place?
6A. The Area 3 detective division,
72342 West Belmont.
8Q. And you indicated that that interview
9was recorded?
10A. It was.
11Q. What did you learn from Mr. Smith about
12the sequence of events leading up to the shooting?
13A. I learned that Mr. Smith was in his home
14office when he began to hear a pounding on his
15door. He related that individual was upset and
16appeared to be breaking down the door, and that's
17when he called 911 and his front lobby desk.
18Q. All right. Then what happened next?
19A. Mr. Garrett then got his firearm and
20went down to the front desk.
21Q. Did he have a proper FOID card?
22A. Mr. Smith does have a valid FOID and
23conceal carry.
24Q. Okay. So what happened after that?
Page 32
1A. After that there was a brief
2conversation. They found out that an individual
3that was on the 29th floor causing a disturbance
4that he relocated to the 48th floor.
5Q. And did he indicate who he went to the
648th floor with?
7A. He did.
8Q. And do you recall who went up there with
9him?
10A. I do. Mr. Smith didn't know their
11names. I know their names through interviews. It
12would be the married couple, the Bishopps, Andy
13Clement and the door guy, Mr. Nena.
14Q. Okay. Now after you spoke with
15Mr. Smith, at some point you informed him that
16Mr. Joseph had passed; is that right?
17A. That's correct.
18Q. Why did you tell him that?
19A. I wanted his reaction on camera.
20Q. And what did you gauge his reaction to
21be?
22A. I thought he was emotional.
23Q. And what was your assessment of the case
24that evening after you spoke to the witnesses that
Page 33
1you had spoken to and Mr. Smith?
2A. I then informed the State's Attorney's
3Office that Mr. Smith was taking a self defense
4aspect to this.
5Q. What does that mean?
6A. That means that he was in fear so he
7pulled his fircarm and fired in fear of his life or
8others.
9Q. And so was it your impression that the
10self defense would be a legal impediment to
11pursuing a murder charge?
12A. Yes.
13Q. Now the -- can you take a look at
14Exhibit 1. Can you tell us the date that you
15submitted that case cleared report?
16A. Submitted 23, July, '25.
17Q. Okay. So that's about two years later,
18right, a little less than?
19A. A little less.
20Q. Why didn't you write a case clear report
21that evening?
22A. Because the closure wasn't determined by
23the State's Attorney's Office.
24Q. Okay. So can you walk us through that
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Page 34
1process? You called the State's Attorney's Office.
2You spoke to an Assistant State’s Attorney Ryan
3Gallagher; is that right?
4A. Correct.
5Q. And what happened next?
6A. Then our ERI recorded interview was
7uploaded to the State’s Attorney's Office to begin
8doing a transcript on that. The next morning Ryan
9Gallagher physically came to the detective division
10and I presented witnesses to ASA Gallagher.
11Q. And what was the purpose of presenting
12those witnesses?
13A. I'm essentially presenting my case. I'm
14a go-between between my witnesses and the State's
15Attorney's Office, so I present them. The State's
16Attorneys doesn't take my word for interviews.
17They do in-person interviews themselves.
18Q. Okay. And so -- but at that point you
19believed that there was a legal self defense,
20right?
21A. I knew it was a --
22MR. DERATANY: I'm going to object on that
23question but go ahead, form.
24You can answer, Detective.
Page 35
1BY THE WITNESS:
2A. I knew it was a possibility.
3BY MR. VAIDYA:
4Q. Did you release Mr. Smith that evening?
5A. I did not, the Cook County State's
6Attorney's Office ordered me to release him without
7charging.
8Q. All right. Did -- to your knowledge,
9did the Chicago Police ever take anyone else into
10custody in connection with this homicide
11investigation after Smith was released?
12A. We did not.
13Q. Did Mr. Smith appear to have any
14injuries when you interviewed him that evening?
15A. He did.
16Q. And what were those injuries?
17A. He had a bandaged finger, an abrasion to
18his head, abrasion to his back and both knees.
19Q. All right. What did that tell you in
20your capacity as a homicide detective?
21A. That a physical altercation somehow
22ensued.
23Q. And were his injuries did they appear to
24be consistent with the self defense explanation
Page 36
1that he provided?
2A. Garrett Smith related that Abnerd Joseph
3fell on top of him as he was charging him so that
4does correspond with those injuries.
5Q. All right. Now I just want to back up a
6little bit. You indicated that you interviewed
7Younan Nena, who goes by Jonah, Johah Nena, at the
8Legacy building on the night of September 14th, is
9that right?
10A. That's correct.
11Q. And did you understand that Mr. Nena was
12employed at the Legacy building?
13A. That's what he told me.
14Q. And what did Mr. Nena convey to you that
15he did -- what was Mr, Nena’s -- strike that.
16What did Mr. Nena convey to you that
17evening?
18A. Heconveyed to me he was employed as a
19door staff. So being part of door staff he was
20getting numerous phone calls when there was a
21disturbance on the 29th floor.
22Q. And what did he do after he got those
23calls?
24A. Hesent the building engineer
Page 37
1Mr. Hamilton to investigate.
2Q. What happened after that?
3A. Mr. Hamilton came back and said no one
4was on the floor.
5Q. And what else did Mr. Nena convey?
6A. He then said that himself, a married
7couple, the Bishopps, Andy who helps out around the
8building, and he didn't know Garrett Smith's name
9but he referred to him as the shooter, then all
10went to the 48th floor after receiving calls from
11there.
12Q. And what did Nena tell you about what
13happened after the 48th -- after they got to the
1448th floor?
15A. He said he observed Mr. Abnerd Joseph in
16the hallway. He said something to the effect not
17verbatim of, oh, how are you doing friend, and then
18he was attacked by Mr. Abnerd Joseph.
19Q. Was anyone else attacked according to
20Mr. Nena by Mr. Joseph?
21A. Yes, Andy Clement.
22Q. Is it fair to say that Mr. Nena relaid
23that he had received physical blows from the
24decedent?
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Page 38
1A. Yes. He didn't know the exact amount.
2He said he was punched in the head.
3Q. And did he appear to be injured when you
4interviewed him that evening?
5A. There wasn't physical bruising but he
6definitely worked up. He had issues with his blood
7pressure from the stress, but, yeah, he was
8physically shaken.
9Q. And did Mr. Nena tell you anything else
10about what, if anything, Mr. Smith said before the
11shooting?
12A. I don't recall.
13Q. Did Mr. Nena relay or describe to you
14the nature of his relationship with Mr. Joseph
15prior to the shooting?
16A. He said that he says hi to him. He's
17his doorman. Sometimes they would bump fists but
18hi, how are you doing type of relationship.
19Q. Did Mr. Nena indicate that he had sought
20any medical treatment as a result of the
21altercation on the 14th?
22A. He did. After being interviewed, he
23told me he went to the doctor's office. He was
24driven by his son.
Page 39
1Q. Did anyone in your investigation report
2that Nena caused or was an aggressor in the
3altercation?
4MS. WHITE: Objection as to the form of the
5question.
6BY THE WITNESS:
7A. No.
8BY MR. VAIDYA:
9Q. Was there ever any evidence in your
10investigation that Nena struck or attacked Joseph?
11A. No.
12MR. DERATANY: Objection, form.
13MR. VAIDYA: For those of you guys on Zoom,
14you can just announce who's making the objection
15for the court reporter.
16MR. DERATANY: Sure. Isn't my name on
17the -- but sure.
18MS. WENGER: She's not looking this way,
19though. She's looking at the witness.
20BY MR. VAIDYA:
21Q. All right. Was Mr. Nena’s account
22consistent, in your opinion, with Mr. Smith's
23account?
24A. Yes.
Page 40
1Q. Did you also interview the Bishopps that
2evening?
3A. I did.
4Q. And where did that interview take place?
5A. In their condo.
6Q. And were they interviewed together or
7separately?
8A. Together.
9Q. And what did the Bishopps relay to you
10what happencd that evening?
11A. That they summoned the elevator to the
1248th floor to go to dinner. Once the elevator
13arrived on the 48th floor, a male black with his
14chest exposed and a robe exited the elevator and
15said something to the effect of "fucking crackers”
16and they entered that elevator and went to the
17lobby to notify the front desk.
18Q. And did they describe what happened
19after that?
20A. Sure. Mrs. Bishopp said she believed
21she left her door unlocked so she wanted to go back
22up to lock her door. So the Bishopps then entered
23the elevator to head back to the 48th floor.
24Q. And did either -- excuse me, did either
Page 41
1of the Bishopps observe the shooting?
2A. Mrs. Bishopp made a left turn to go to
3the apartment or condo and then Mr. Bishopp did
4observe part of the shooting.
5Q. And was the Bishopps' account, was it
6also consistent with the information you received
7from Mr. Nena and Mr. Smith?
8A. Yes.
9Q. Did you have occasion to interview an
10individual named Jareth Bent that evening?
11A. I did. It might have been the next
12early hours but as part of the continuing
13investigation, yes.
14Q. Okay. Who was Mr. Bent?
15A. Mr. Bent referred himself as Abnerd
16Joseph's brother, a fraternity brother, very close.
17Q. And what, if anything, did Mr. Bent
18convey to you about Mr. Joseph that evening?
19A. I originally was going to do a
20next-of-kin notification because he was listed as
21the emergency contact brother. Then during the
22course of an elevator conversation, I figured out
23it was a fraternity brother. So then I needed to
24get contact information for his actual physical
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Page 42
1blood brother. So then I had a conversation with
2him where he told me for the last few weeks Abnerd
3Joseph seemed a little off. He had an extensive
4phone call with him and that he actually went to
5the building that day because he feared Abnerd.
6Joseph might jump from the building.
7Q. Wow. Anything else from Mr. Bent?
8A. He received a call from out of state
9that kind of tipped him off that Abnerd Joseph
10wasn't doing well and that's what caused him to go
11investigate.
12Q. Do you recall did he tell you who, if
13you recall, told him to go that evening?
14A. Kasey.
15Q. All right. Now, other individuals are
16interviewed by Chicago Police that night but not
17necessarily by you, is that fair to say?
18A. That is fair.
19Q. Does that include Andy Clement?
20A. Correct.
21Q. Did you have occasion to -- well, do you
22know what -- do you know what Andy Clement reported
23to police that evening?
24A. Sure. Initially, Andy Clement thought
Page 43
1he fainted. We found out later that he was
2punched. He might have briefly lost consciousness
3and then he began to crawl away.
4Q. Did he also seek medical treatment for
5his injuries that evening?
6A. He did.
7Q. Did Chicago Police have occasion to
8interview an individual by the name of Shirley Meng
9that evening?
10A. Yes.
11Q. And who is Shirley Meng?
12A. Shirley Meng was a resident where the
13broken jewelry was located in front of her door.
14Q. And did she provide any other evidence
15in this matter?
16A. She did. She tendered a cell phone
17video that captured her feet but there was audio
18captured in the background.
19Q. All right. I'm going to play for the
20detective what I'm going to mark as -- or note for
21the record will be Exhibit 2.
22(WHEREUPON, a certain document was
23marked Deposition Exhibit No. 2, for
24identification.)
Page 44
1BY MR. VAIDYA:
2Q. And this is the file that's marked
320230914190219.M4-A.
4Can you see the screen?
5A. I can.
6Q. I'm sorry, in terms of identification,
7it's the video marked Video From Witness Can hear
8Victim Talking.
9Can we go off record?
10THE VIDEOGRAPHER: Weare off the record at
1111:49 a.m,
12(WHEREUPON, a break was taken.) >
13THE VIDEOGRAPHER: We are back on the record
14at 11:50 a.m.
15(WHEREUPON, a video was
16played for the witness.)
17BY MR. VAIDYA:
18Q. All right. Have you seen that video
19before?
20A. I have.
21Q. And listened to the audio?
22A. I have.
23Q. And were you able to determine who was
24speaking in the video?
Page 45
1A. I assume it would be Abnerd Joseph.
2Q. All right. Was this video gathered as
3part of your investigation?
4A. It was.
5Q. And did you provide that video to the
6State's Attorney's Office at some point?
7A. I did.
8Q. Okay. The Chicago Police also had
9occasion that evening to interview witnesses
10Bernard Schott and Meredith Riccio, is that right?
11A. Correct.
12Q. And who were they?
13A. They lived in the apartment directly
14north of where the shooting occurred.
15Q. And what, if anything, were they able to
16convey or add to the investigation with regards to
17who they told you Chicago Police that evening?
18A. Bernard Schott related what he heard
19what he described as meat hitting skin or muscle
20and a person saying, stop, I have a gun, something
21to the effect of, stop, I have gun, I have a
22permit, and then he heard shots.
23Q. All right. What about Ms. Riccio?
24A. Ms. Riccio said she called the front
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Page 46
1desk. She called 911 and that she heard the
2disturbance outside as well.
3Q. And finally, Mr. Jim Delelio. Do you
4recall that name?
5A. I do.
6Q. What, if anything, did Mr. Delelio
7convey to Chicago Police that evening?
8A. Mr. Delelio resides on the 29th floor.
9He said he heard a disturbance where a guy sounded
10like he was out of his mind, something to that
11effect.
12Q. Someone yelling?
13A. Yes.
14Q. All right. So I want to just walk you
15through the steps that you took with respect to
16this homicide investigation by date.
17So is it fair to say that
18September 14th, into the early morning time
19September 14th you took a number of investigative
20steps in connection with this investigation?
21A. Yes.
22Q. And that included interviews with the
23people that we discussed before, Nena, Clement,
24Shirley Meng, Bernard Schott, Meredith Riccio and
Page 47
1the Bishopps?
2A. And numerous police department personnel
3as well.
4Q. Okay. And you also went to the hospital
5to process the remains?
6A. Correct.
7Q. There was an evidence tech who
8photographed the body?
9A. Yes.
10Q. And you obtained emergency contact
11information for Joseph from the building?
12A. It turned out to be his fraternity
13brother, but then I got the actual information from
14Jareth Bent for his family member.
15Q. And who was the family member that you
16contacted?
17A. Charles Delbert. He goes by Jay.
18Q. And did you talk to -- was it during
19this -- this day we're going to refer to, the
20September 14th, 15th, did you speak to him that
21evening?
22A. It would have been the early morning
23hours or the next day but yes.
24Q. Okay. And an autopsy was performed?
Page 48
1A. It was.
2Q. And as part of the investigation that
3evening Chicago Police gathered surveillance
4footage?
5A. Yes.
6Q. Andalso additional footage like the
7Shirley Meng video that I showed you?
8A. Correct.
9Q. And you also gathered physical evidence,
10right?
11A. True.
12Q. Including the shell casings and you
13recovered a weapon as well?
14A. Yes.
15Q. With respect to the jewelry, were you
16able to determine whose jewelry that was?
17A. I later found out that it was Abnerd
18Joseph's.
19Q. All right. With respect to Mr. Smith's
20gun was there a forensic analysis performed?
21A. There was.
22Q. And did it confirm that the shooting was
23done with Mr. Smith's gun?
24A. Correct.
Page 49
1Q. And then you also interviewed Mr. Smith
2on video in Area 3?
3A. Yes.
4Q. And you contacted the State's Attorney's
5Office, right?
6A. I did.
7Q. The State's Attorney's Office sent an
8Assistant State's Attorney and there were
9additional interviews that were performed?
10A. Correct.
11Q. At that time, September 14th and
12September 15th?
13A. Yes.
14Q. And that would have included
15reinterviews with Nena?
16A. Yes.
17Q. Bishopp?
18A. Yes.
19Q. Both Bishopps, rather.
20A. Correct.
21Q. Andy Clement?
22A. Yes.
23Q. And you were present for all of those
24interviews?
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Page 50
1A. I was.
2Q. And is it fair to say that the
3interviews were gencrally consistent with the other
4information you had gathered earlier in the
5evening?
6A. They were.
7Q. All right. At some point say, let's
8say, approximately on or about September 28, 2023,
9did you obtain Andy Clement's after-visit summary,
10his medical records?
11A. I did.
12Q. And you forwarded those to the State's
13Attorney's Office?
14A. I did.
15Q. All right. Now December 11, 2023, on or
16about that time, did you have occasion to obtain
17the decedent's cell phone?
18A. Yes, I did.
19Q. And how did you come to be in possession
20of that cell phone?
21A. Jason Friedl from Romanucci & Blandin
22law firm tendered it to me.
23Q. And did he -- did you have an
24understanding as to why this phone was being
Page 51
1tendered to you?
2A. Yes.
3Q. And what was the reason?
4A. The family located the phone and they
5found that there was an audio file of Abnerd Joseph
6recording himself.
7Q. And did you have a data extraction
8performed on the phone?
9A. I did.
10Q. And were you able to locate audio from
11that phone?
12A. I did.
13Q All right. According to your reports,
14it looks like on or about February 8, 2024, you
15contacted the State's Attorney's Office for an
16update in the case; is that right?
17A. Yes.
18Q. So this was now several months after the
19shooting had occurred. Do you recall what was
20the -- what was the update?
21A. Shirley Meng, they wanted to speak to
22her, since they hadn't yet, and they also wanted to
23speak to any individuals that had their door
24pounded on.
Page 52
1Q. And did they indicate why they wanted to
2speak to these individuals?
3A. No.
4Q. All right. Fast forward to May 1, 2024,
5is it fair to say on or about that day you had a
6meeting with the State's Attorney's Office?
7A. Yes.
8Q. Specifically with Assistant State's
9Attorney Jenny McCarty?
10A. Yes.
11Q. Can you tell us what was discussed at
12that meeting?
13A. We just essentially went over the file.
14Since ASA Gallagher came out to the scene --- I'm
15sorry, to the detective division, he would relay
16information to Jenny McCarty. She would make the
17ultimate call as a supervisor, so we essentially
18went over the case file together.
19Q. And did it seem -- now it's May. It's
20not quite a year but it's getting further past a
21year from when the initial shooting happened, why
22the State's Attorney hadn't made a decision by this
23point?
24MR. WANGLER: Objection, lack of foundation.
Page 53
1You can answer if you know.
2BY THE WITNESS:
3A. I believe they wanted to talk to more
4witnesses like the phone caller Kacey, to Jareth
5Bent and the rest I can't recall.
6BY MR. VAIDYA:
7Q. Did they want to reinterview any of the
8witnesses that ASA Gallagher had already
9interviewed or they wanted to just interview more
10witnesses?
11A. Interview more witnesses.
12Q. Did you get any sense or indication that
13there was any type of pressure to charge this case
14as an unlawful homicide?
15A. Pressure by who? I don't understand.
16Q. Did you get a sense that the State's
17Attorney's Office was under pressure to authorize
18this as a murder charge?
19A. I did not, no.
20Q. All right. A few days later on or about
21May 3, 2024, did you receive a toxicology report
22under Work Order 23362891?
23A. I did.
24Q. Do you recall what was the -- what did
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1you learn from that report?
2A. I learned that Abnerd Joseph in his
3blood had a derivative of cocaine, Adderall and two
4types of THC commonly found in Cannibis.
5Q. Was the toxicology report consistent
6with the witness accounts of how Mr. Joseph was
7behaving that evening?
8MR. DERATANY: Objection, requires
9speculation.
10MS. WHITE: Join.
11BY THE WITNESS:
12A. The witnesses told me that Abnerd didn't
13seem appear to be himself, that would be explaining
14that, but they didn't say that that was in his
15blood, no.
16BY MR. VAIDYA:
17Q. I guess my question is, did their
18accounts match up with what you now learned was
19somebody who had drugs in his system?
20MR. DERATANY: Objection, form.
21MS. WHITE: Join.
22BY THE WITNESS:
23A. I spoke to the medical examiner that did
24the autopsy and he said it wouldn't kill you but it
Page 55
1would be consistent with somebody's behavior not
2being rationale,
3BY MR. VAIDYA:
4Q. Okay. Now, later that month, the
5State’s Attorney's Office had wanted you to arrange
6for interviews with individuals Bent, Schott
7and Riccio, is that right?
8A. Yes,
9Q. And they all effectively declined. They
10decided they didn't want to meet with the State's
11Attorney's Office voluntarily?
12A. They initially set up an appointment but
13then they canceled, yes.
14Q. And what did you do after that?
15A. Twould have to draft subpoenas and
16order them to appear.
17Q. And did you?
18A. I did.
19Q. Grand jury subpoenas for all three of
20them?
21A. I did.
22Q. And were you able to serve all three?
23A. I did.
24Q. Did you also draft a grand jury subpoena
Page 56
1for Shirley Meng?
2A. I did.
3Q. Were you able to serve her?
4A. I was unable.
5Q. What you do with the grand jury
6subpoena?
7A. Lultimately slid it under her door
8since I couldn't locate her after, I would say,
9half a dozen attempts.
10Q. We spoke previously about a James
11Delelio. He met with the State's Attorney's
12Office, is that right?
13A. He did.
14Q. And after that, did you have occasion to
15interview Schott and Riccio with the State's
16Attorney's Office?
17A. Yes.
18Q. Did that take place on or about
19August 28, 2024?
20A. Yes.
21Q. And Jareth Bent was also interviewed
22during that time?
23A. Correct, I believe all within a day or
24two of each other.
Page 57
1Q. All right. Did Shirley Meng appear
2before the State's Attorney's Office?
3A. She did not.
4Q. September 4th, did you try to issue
5another subpoena?
6A. I did.
7Q. Did she respond to that subpoena?
8A. I was unable to serve her.
9Q. All right. December 30, 2024, you met
10again with the State's Attorney's Office, is that
11right?
12A. Yes.
13Q. And did you meet with ASA Jennifer
14McCarty?
15A. I did.
16Q. And what was discussed at that meeting?
17A. I updated her about Shirley Meng being,
18you know, unable to give her the grand jury
19subpoena. We talked about the case, where we were
20at with the new witnesses and their testimony and
21that was just basically an updated meeting.
22Q. Did she seem that she had enough
23information to make a charging decision at that
24time?
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Page 58
1MR. DERATANY: Objection, requires
2speculation.
3BY THE WITNESS:
4A. It's not for me to determine.
5BY MR. VAIDYA:
6Q. Did she indicate to you whether or not
7she had -- she was able to make a charging decision
8at that time?
9A. I mean, she didn't, so you can assume
10that she wasn't able to.
11Q. Did she ask you to get any more
12evidence?
13A. She may have.
14Q. January 2, 2025, did you execute a
15search warrant on Mr. Smith's phone?
16A. I did.
17Q. Why did you do that?
18A. Mr. Smith said in the recorded interview
19that he called 911 and was texting with 911, so I
20just wanted to verify that.
21Q. Was that on your own initiative or did
22the State's Attorneys ask you to get that warrant?
23A. The State's Attorneys requested it.
24Q. Okay. It looks like there was another
Page 59
1contact with the State's Attorney's Office ASA
2McCarty on February 7, 2025. Can you tell us what
3update you had on that date?
4A. Sure. I informed ASA McCarty that I was
5being subpoenaed for reports in this matter that I
6would have to send them.
7Q. Being subpoenaed by whom?
8A. Attorneys, I believe, for Abnerd
9Joseph's family.
10Q. Okay. Anything else?
11A. Not that I recall.
12Q. So this February 7th call was not
13necessarily a criminal case update but it was just
14to give a heads up that civil subpoenas were
15issued?
16A. That and I asked if there was any
17decisions made and, you know, kind of almost an
18update from her.
19Q. You were seeking an update from her?
20A. Yes.
21Q. And did you get an update from her?
22A. Eventually, yes. I don't believe it was
23that date.
24Q. Okay. It looks like you finally
Page 60
1presented in your report it indicates you did a
2full case presentation, if I'm not mistaken, to
3ASA McCarty on March 7, 2025, is that right?
4A. Correct.
5Q. What ts a full case presentation?
6A. Just any outliers we spoke about such as
7that cell phone you mentioned, and, basically,
8asked her if there is anything else they needed.
9Q. And was there anything else?
10A. No.
11Q. And did you, in fact, were the charges
12then rejected on that date?
13A. They were.
14Q. Do you -- I mean, from your experience,
15is that typical in terms of how long it would take
16with respect to getting a decision from the State's
17Attorneys Office?
18A. I mean, every case is different, so I
19couldn't tell you. It's what they want evidence
20wise and how it progresses so every case is
21different.
22Q. Are there any other -- other than the
23steps that I have walked you through just now, are
24there any other major investigative steps that you
Page 61
1took in connection with this homicide
2investigation?
3A. I just processed the scene, recover
4evidence with the evidence technicians. I mean,
5that’s the major, all of that was inventoried.
6That's about it.
7Q. All right. As part of your duties as a
8homicide detective, do you have to interact with
9and give updates to the family?
10A. I do.
11Q. And did you have occasion to speak with
12a Mr. Delbert Charles after the initial phone call
13with him?
14A. Yes.
15Q. All right. About how many times did you
16say you spoke with Delbert Charles?
17A. I would say approximately three to four
18and then I basically spoke with the attorneys after
19that and he would be on the phone with them almost
20like a conference call.
21Q. So were those initial three or four
22times with him by himself or are you saying three
23or four times total, including with attorneys?
24A. The first time was actually at the
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Page 62
1detective division. I spoke with him and his
2brother in person. And then it would be two times
3on the phone and then maybe once more with the
4attorneys and then a lot of attorneys phone calls
5after that.
6Q. Okay. When you first spoke to Jay,
7Mr. Delbert Charles, did he indicate whether or not
8Mr. Joseph had any mental health issues?
9A. He said he was taking a prescription for
10Adderall but no known mental health issues that he
11knew of.
12Q. In your report it indicates that Charles
13was concerned with Joseph becoming mentally
14exhausted, is that accurate?
15A. Correct.
16Q. What -- what -- excuse me, what else, if
17anything, did he say with respect to that
18statement?
19A. Jt was just pertaining to work.
20Q. Okay. What was Mr. Joseph's employment?
21A. He was the Assistant Dean of Culture at
22a charter school down the block from his home.
23Q. And did you and Mr. Charles speak about
24what was exhausting him at work?
Page 63
1A. Not really.
2Q. Did he elaborate or indicate anything in
3particular at work that was potentially exhausting
4Mr. Joseph?
5A. Not that I recall.
6Q. In those subsequent phone calls, well,
7what else did -- in the first phone call, what
8else, if anything, did Mr. Delbert Charles relay
9about Mr. Joseph?
10A. Nothing else that I can recall.
11Q. In subsequent phone calls, did you learn
12any additional information or ask questions of
13Mr. Delbert Charles in furtherance of your
14investigation?
15A. Yes.
16Q. What kinds of questions did you ask him?
17A. Just general questions. I found out
18Abnerd Joseph spoke multiple languages. He -- I
19found out, you know, where he went to college, why
20he moved for employment, things like that, just
21general background questions.
22Q. In those other phone calls before the
23lawyers got involved, can you recall approximately
24when those would have occurred?
Page 64
1A. When Garrett Smith was released I left a
2voicemail on my day off for Jay to inform him that
3the State's Attorney's wanted him released without
4charging, and then I was called back after that by
5several family members basically essentially on a
6conference call.
7Q. Okay. You mentioned an occasion where
8you met with Delbert Charles in person at the
9police station?
10A. Correct.
11Q. Do you recall what -- approximately what
12month or year that was?
13A. Oh, that would have been a day or two
14after the shooting.
15Q. So approximately September of 2023?
16A. Yes.
17Q. And who was with Mr. Delbert Charles at
18that meeting?
19A. Abnerd Joseph and Delbert Charles
20brother Brian.
21Q. Okay. And what was discussed in that
22mecting?
23A. I basically gave him an update on the
24case, told him where we were at, how it progresses.
Page 65
1I explained the steps of the Cook County State's
2Attorney's Office and I informed them how it's
3their decision for charging.
4Q. All right. If I'm reading your one of
5your supplemental reports correctly, on or about
6December 5, 2023, it looks like you spoke with the
7family and the family attorney. Was that on a
8conference call?
9A. Yes.
10Q. And do you recall the name of the
11attorney that was in the meeting?
12A. Jason Freidl.
13Q. And do you recall who else took part in
14that meeting?
15A. He mentioned Jay was on the phone. I
16didn't ask who else was on the line and he didn't
17say, really.
18Q. All right. What, if anything, did you
19learn on that December 2023 conference call?
20A. That most likely would have been I
21learned that there was a phone recovered by the
22family.
23Q. Okay. And subsequent to that, you met
24with I believe you testified attorney Jason Freidl
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Page 66
1from Romanucci & Blandin?
2A. Correct.
3Q. And you obtained the cell phone from
4him?
5A. I did.
6Q. Do you know if Mr. Charles was involved
7in the decision to turn over the cell phone?
8A. I don't recall.
9Q. Did Mr. Charles ever express to you an
10expectation or a wish regarding whether or not
11Garrett Smith should be charged?
12A. I believe he said he wanted justice,
13whether what his definition of justice is I don't
14know.
15Q. What, if anything, did you tell
16Mr. Charles or the rest of the family about whether
17criminal charges were being pursued?
18A. Oh, they were. I told them they were
19being pursued.
20Q. Okay. Did you give the family or
21Mr. Charles specifically any indication as to
22whether or not you expected the State's Attorney to
23authorize charges?
24A. I didn't -- I didn't talk about
Page 67
1authorizing charges. | talked about how Garrett
2Smith took a self defense claim. So I kind of told
3them maybe they can look at some cases in Cook
4County involving self defense just to educate
5themselves.
6Q. Okay. Now, with respect to the State's
7Attorney's ultimate decision to reject charges for
8First Degree Murder on or about March 7, 2025, did
9you communicate that decision to the family?
10A. After the family requested I speak
11through an attorney, I notified the attorneys at
12Blandin & Romanucci and they asked if they could
13relay how they have been the information.
14Q. I'm sorry. Can you say that again?
15A. So after several phone calls with Jay,
16Blandin & Romanucci were designated as the
17attorneys and all contact would go through them.
18So I just did the same exact thing. I notified the
19attorneys involved and they wished to tell Jay.
20Q. All right. So you never spoke or
21communicated that directly to Mr. Charles?
22A. No.
23Q. Okay. Are you aware of whether or not
24the State's Attorney's Office ever met with the
Page 68
1family?
2A. ASA Jen McCarty relayed to me that I
3could give the family and the family's attorney her
4phone number and she would speak with them whether
5they met in person I don't know.
6Q. Okay. You mentioned that on or about
7September 2023 you met with Delbert Charles and
8Mr. Joseph's other brother, was that Brian
9Bien-aime?
10A. Yes.
11Q. What, if anything, do you recall
12relaying about what you told Brian Bien-aime at
13that meeting?
14A. I informed him that there was a police
15officer in front of Abnerd Joseph's door. That we
16couldn't consider it a crime scene but we don't
17know what may or may not have started in the
18apartment so we had to almost protect it as like a
19crime scene. That they wouldn't be allowed access
20to the apartment whether we were very, very certain
21there wasn't a crime scene in there.
22Q. Okay. Did you ever indicate that the
23police should have gotten there sooner to
24Mr. Bien-aime?
Page 69
1A. No.
2Q. Did you ever indicate that the Chicago
3Police Department did not take the initial call
4seriously?
5A. No.
6Q. And did you ever indicate to
7Mr. Bien-aime that if police had responded sooner
8his brother would still be alive?
9A. No.
10Q. All right. Based on your investigation,
11what did you ultimately conclude about Abnerd
12Joseph's behavior in the hours leading up to the
13shooting?
14A. I --
15MR. DERATANY: Objection. Let me make an
16objection. It requires a medical conclusion, form,
17foundation.
18MR. VAIDYA: You can proceed.
19BY THE WITNESS:
20A. I had several witnesses that tell me
21that he was saying things that weren't realistic
22with a break from reality and that his behavior
23became aggressive in that hallway.
24 
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Page 70
1BY MR. VAIDYA:
2Q. Were you made aware that Mr. Joseph was
3heard saying things like, you can't kill me, I'm
4all powerful.
5A. Yes.
6Q. And that he was observed wearing a
7bathrobe and behaving erratically?
8A. Yes.
9Q. That he was pounding violently on doors
10in the building?
11A. Yes.
12Q. All right. Now I'm going to play -- now
13I'm going to play what's marked
1420230914190219.M4-A, which I believe is audio
15recovered from the decedent's phone.
16(WHEREUPON, a certain document was
17marked Dowling Deposition Exhibit
18No. 3, for identification.)
19(WHEREUPON, an audio file was
20played for the witness.)
21Q. I'm stopping it at 16 seconds and I'm
22going to fast forward it to 2 minutes.
23(WHEREUPON, an audio file was
24played for the witness.)
Page 71
1BY MR. VAIDYA:
2Q. I'm stopping the recording at 4:15.
3Detective, do you recall this recording?
4A. I do.
5Q. Have you listened to it before?
6A. Thave.
7Q. And is it something that you obtained
8from Mr. Joseph's phone?
9A. Yes.
10Q. And did you forward this onto the
11State's Attorney's Office?
12A. I did.
13Q. Okay. I'm going to fast forward now to
14the recording at 17:33.
15As part of your investigation, were you
16able to determine who was speaking, who is the
17voice that we're hearing?
18A. The family said it was Abnerd Joseph.
19Q. Okay.
20(WHEREUPON, an audio file was
21played for the witness.)
22BY MR. VAIDYA:
23Q. All right. I'm stopping the recording
24at 18:55.
Page 72
1Detective, do you recall hearing this
2part of the audio when you were conducting your
3investigation?
4A. Yes.
5Q. Andcan you tell what is going on in the
6recording?
7A. I can't tell. I just hear banging and
8yelling.
9Q. Okay. As part of your investigation, do
10you recall having contact with individual an
11Deborah Romero, the property manager at Sudler
12Property Management?
13A. Yes. Deborah gave us authorization so I
14can interview Nena in one of their -- basically
15their offices.
16Q. When was that?
17A. That was initially when I responded to
18the scene.
19Q. Back in September of 2023?
20A. Yes.
21Q. Okay. What, if anything, did you learn
22about the building security protocols with respect
23to what happened on September 2023?
24A. Building security protocols?
Page 73
1Q. If you learned anything.
2A. No.
3Q. What about staffing?
4A. I know Nena was the door staff member
5and he pushed the panic button.
6Q. Okay. Did you learn whether anyone
7attempted to contact police prior to the shooting?
8A. Yes, I did.
9Q. And who was that?
10A. That was Mr. Nena, he called 911 as
11well.
12Q. Okay. And you were able to obtain lobby
13security footage from that evening?
14A. Yes.
15Q. What, if anything, did the security
16footage help establish with respect to your
17investigation?
18A. It happened establish that the Bishopps,
19Andy Clement and Garrett Smith were in that lobby
20speaking with Mr. Nena and they left the lobby,
21went to the elevator bank and boarded the elevator
22for the 48th floor.
23Q. Anything else?
24A. Not that I recall at the moment.
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Page 74
1Q. All right. Now, with respect to the
2State's Attorneys charging decision, you first
3contacted the State's Attorneys or the Chicago
4Police first contacted the State’s Attorneys with
5respect to First Degree Murder charges indicating
6that First Degree Murder charges would be sought.
7Why did you use that terminology?
8A. It's sought because I present the case
9to them and they make the final determination on
10what charges would be applicable.
11Q. All right. Now so were you actually
12recommending in your professional capacity as a
13homicide detective that the State's Attorney
14proceed with First Degree Murder charges?
15A. Initially, yes.
16Q. And why is that?
17A. Because a human being killed another
18human being.
19Q. What about why First Degree Murder?
20A. Because he pulled a trigger ona
21firearm,
22Q. Did you ever consider a Second Degree
23Murder charge?
24A. In the initial presentation of the case,
Page 75
1no.
2Q. Why not?
3A. I go for the highest charge possible.
4Q. But even at the beginning, you saw that
5there was a potential impediment to the First
6Degree Murder charge, right?
7A. Yes.
8Q. And that being the self defense?
9A. Yes.
10Q. All right. If-- when ASA Gallagher
11conducted interviews, did you ask him to approve
12the murder charge on that date back in September of
132023?
14A. It's not so much like me asking for
15charges. I present the case. He evaluates and
16then we go from there.
17Q. And ASA Gallagher put the case or the
18State's Attorney put the case on continuing
19investigation or CI status, is that right?
20A. Yes.
21Q. And what does that mean?
22A. Continuing investigation. So they want
23to speak to those witnesses I mentioned earlier,
24Q. Okay. Is that common?
Page 76
1A. Again, it's a case-by-case basis but
2it's fairly common in a murder investigation, sure.
3Q. Did you agree or disagree with the
4decision to reject charges that was made on
5March 7, 2025?
6A. I don't agree or disagree. It's
7whatever charges they reject or approve.
8Q. Following he rejection of the charges
9you requested that the case be placed into
10exceptionally clear closed other exceptional bar to
11prosecute status. What does that mean?
12A. That means the State's Attorney rejected
13the charge, essentially.
14Q. Okay. In your professional opinion, did
15the evidence support a finding of self defense by
16Garrett Smith?
17MR. DERATANY: I'm going to object on the
18basis that he’s not an expert witness. He's not
19been qualified as 213 (f)(3), form, foundation.
20MS. WHITE: Join.
21MR. WANGLER: Join.
22BY THE WITNESS:
23A. Yes.
24 
Page 77
1BY MR. VAIDYA:
2Q. It was a valid self defense?
3A. Yes.
4Q. Did you find any facts or evidence
5that in your view would undermine a self defense
6claim by Smith?
7A. No.
8MR. DERATANY: Same objection. Note a
9continuing objection.
10MS. WHITE: Join.
11BY MR. VAIDYA:
12Q. Now you never presented evidence to the
13State's Attorney's Office for charges against Jonah
14Nena, right?
15A. Correct.
16Q. And you never investigated Andy Clement
17for murder, did you?
18A. No.
19Q. Orthe Bishopps?
20A. No.
21Q. Did you find any evidence to suggest
22there was any kind of criminal conspiracy involving
23Nena Clement, the Bishopps and Smith?
24A. No,
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Page 78
1Q. Is it fair to say that your
2investigation concluded that Joseph was the
3aggressor?
4A. The initial aggressor, yes.
5Q. And that Joseph was impaired by multiple
6substances?
7MS. WHITE: Objection, calls for a medical
8conclusion.
9MR. DERATANY: I join.
10BY THE WITNESS:
11A. Sorry, I received a toxicology report
12that said there were drugs in Abnerd Joseph's
13system, yes.
14BY MR. VAIDYA:
15Q. And again, you had found no basis to
16pursue criminal charges for conspiracy?
17A. Correct.
18MR. VAIDYA: All right. I don’t have any
19other questions at this time.
20MR. DERATANY: All right. I cross noticed
21this, so I'll go next. I don't have very much.
22THE VIDEOGRAPHER: Do you mind if we take a
23quick bathroom break?
24MR. DERATANY: Ofcourse.
Page 79
1THE VIDEOGRAPHER: This marks the end of media
2No. 1. The time is 12:27 p.m. SWE are off the
3record.
4(WHEREUPON, a break was taken.)
5THE VIDEOGRAPHER: This 12:37 p.m. we are on
6the record.
7EXAMINATION
8BY MR. DERATANY:
9Q. Good afternoon, Detective Dowling. My
10name is Jay Paul Deratany. I represent the family
11members in the defense of the defamation case
12brought by Mr. Smith.
13So it's limited. I'm going to limit my
14questions as best I can to the defamation case and
15ask questions that pertain or would be relevant to
16that case.
17You said you were trained. In your
18training, you said you were trained on the law toa
19degree, correct?
20A. Correct.
21Q. And how much training did you have on
22that, sir?
23A. It’s progressive throughout my 19 years.
24Q. So you have had pretty extensive
Page 80
1training on the different levels of murder, for
2example. And I think you went through it with
3counsel. You talked about First Degree Murder,
4Second Degree Murder, negligent homicide and
5involuntary manslaughter.
6You had quite a bit of training on the
7differences of those -- between those charges?
8A. Yes.
9Q. And would it be correct that there is no
10statute of limitations in Illinois on a murder
11charge?
12A. Yes.
13Q. And would it be correct to say that if
14you receive further information or new information,
15even if a case is closed, generally, and it
16indicated that a murder charge was warranted, you
17would reopen that investigation and may in fact
18recommend murder charges and the State's Attorneys
19may then proceed with murder charges?
20A. Yes, that’s a possibility.
21Q. Okay. But you said you make an
22investigation recommendation and charge but the
23State's Attorney makes a decision on charges,
24correct?
Page 81
1A. Yes, When I notify the State's
2Attorney's Office that an individual is in custody
3oracase is progressing, that's when I make my
4initial request.
5Q. And as a detective, you want to take
6your time and investigate and talk to all of the
7witnesses that could possibly have any relevance to
8acharge, correct?
9A. Yes.
10Q. And you're not going to rush as a
11detective with 19 years almost 20 years of
12experience and the training and education you've
13had, you are going to take the proper amount of
14time, even if that takes one to two years, because
15it's a potential murder charge, correct?
16MR. KING: Objection. Objection to the form,
17calls for speculation and unclear. There's
18multiple components of the question.
19MR. DERATANY: I think he knows what his
20education level is. Go ahead.
21BY THE WITNESS:
22A. Yes, a case could progress, yes.
23BY MR. DERATANY:
24Q. It's not unusual for a case to take -- a
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Page 82
1murder case investigation to take a year or two in
2Chicago, would that be correct?
3A. I wouldn't classify it as unusual, no.
4Q. And we spoke about the differences
5between First Degree Murder and Second Degree
6Murder. What was the difference between a
7negligent homicide charge and involuntary
8manslaughter?
9A. Hypothetically, speaking negligent would
10be something your actions are doing like I talked
11about earlier, playing with a gun and then | kill
12somebody.
13Q. Okay. And involuntary manslaughter?
14A. Like I spoke earlier, I testified
15earlier that an individual strikes another
16individual and then that causes a murder of a
17separate individual.
18Q. And you said -- you used -- when you use
19the word homicide, do you often use that
20synonymously with the word murder?
21A. I'm a homicide investigator but murder
22is a charge, a state charge that I seek.
23Q. And in terms of your knowledge and
24experience with the law, you wouldn't expect lay
Page 83
1people to have the same knowledge, correct?
2MS. WENGER: Objection, speculation.
3MR. WANGLER: Objection, speculation. You can
4answer.
5MR. DERATANY: Let me ask a different
6question. Let me lay a foundation.
7BY MR. DERATANY:
8Q. In 20 years of experience, have you
9talked to many individuals in your investigations
10for murder, Second Degree Murder, involuntary
11manslaughter, correct?
12A. Yes.
13Q. And do they sometimes use the words
14murder and homicide and manslaughter in a way that
15would be different than the way you would use those
16terms?
17MS. WENGER: Objection.
18MR. KING: Objection, without listing each
19individual specific instance that you're referring
20to. The generalization is inappropriate and so
21I'll object to the form of the question.
22MR. DERATANY: Generalization is
23inappropriate? Is that an objection?
24Okay. Go ahead.
Page 84
1BY THE WITNESS:
2A. Can you ask that again? I apologize.
3BY MR. DERATANY:
4Q. Sure. When you are talking to lay
5people and you are talking to individuals that are
6not police officers or State's Attorneys, would it
7be correct that they often times use the word
8homicide, murder or killing differently than the
9way you would use it?
10MS. WENGER: Objection.
11MR. KING: Objection to the form -- are you
12finished?
13MR. DERATANY: Yes.
14MR. KING: I didn’t mean to interrupt you
15asking the question.
16I'll object to the form of the question.
17It's undefined terms and it calls for
18generalizations and speculation. You need
19definitions if you are going to ask broad
20questions.
21MR. DERATANY: Don't tell me how to ask
22questions, Mr. King.
23MR. KING: I'm not I'm telling you how not to
24ask questions.
Page 85
1MR. DERATANY: Don't tell me how not to mak
2objections or we'll call the Judge. We can call
3Judge Flanagan. That would be fine.
4MS. WENGER: Judge Flanagan is not on this
5case.
6MR. DERATANY: Don't tell me how to ask
7questions. Go ahead, sir.
8BY THE WITNESS:
9A. I wouldn't use the word often, but I can
10say it's a potentially possibility.
11BY MR. DERATANY:
12Q. In other words, you are more as a police
13officer -- well, as a detective you are going to
14use the terms in a much more accurate fashion than
15the general population?
16A. Potentially, sure.
17(WHEREUPON, a certain document was
18marked Deposition Exhibit No. 4, for
19identification.)
20BY MR. DERATANY:
21Q. And I want you to take a look at your
22report, which is now I guess marked as
23Exhibit No. 4, and I just want to lay the
24foundation for that.
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Page 86
1Is that the report that you prepared in
2the course of your investigation?
3A. Yes, this is a progress report I
4authored.
5Q. Okay. And what is the date of that
6report?
7A. It was submitted on December 5th
8approved on December 7th.
9Q. Okay. And as of December 7th, the
10offense classification reclassification in this
11report on page 1 is homicide, slash, First Degree
12Murder. Would that be correct?
13A. Yes.
14Q. And this is, by the way, a report kept
15in the ordinary course of business, correct?
16A. Yes.
17Q. And so as of December of 2023, you were
18investigating Mr. Smith for homicide and First
19Degree Murder, correct?
20A. That is correct.
21Q. And going down further -- and by
22December you had conducted some investigation
23already but the investigation had not yet been
24completed, correct?
Page 87
1A. Yes, sir.
2Q. In fact, you were gathering evidence and
3speaking to witnesses at that point including
4family members, correct?
5A. Yes.
6Q. All right. And then would it be correct
7that at any time a -- even up to the present, if
8you found additional information that would lead
9you to charge the individual that you initially
10suspected or were investigating for murder, you
11would rebring those charges?
12MS. WENGER: Objection, speculation.
13MR. KING: Objection, calls for speculation.
14BY MR. DERATANY:
15Q. Is that true, Detective?
16A. If I have new information or new
17evidence, I can open up a case and present charges.
18Q. Okay. And you could reopen a case in
192027, 2028, 2030, really, at any time. That's
20basically because there is no statute of
21limitations on a murder charge, correct?
22A. That is correct.
23Q. Is there -- is there a statute of
24limitation on Second Degree Murder?
Page 88
1A. I don't recall.
2Q. Okay. And I think you said if I quote
3you, this is still an individual speaking
4committing a homicide against another individual.
5So that's what you initially thought during your
6investigation with regard to Mr. Smith, correct?
7A. Yes.
8Q. And the closed clear report was dated
9July 23, 2025, correct?
10A. Yes.
11Q. And that was prepared by the State's
12Attorney?
13A. By myself.
14Q. Oh that was prepared by yourself. Okay.
15Is that the official date of the closing of the
16investigation?
17A. Yes.
18Q. Now, there was some discussion, I'll
19turn to that, of a -- I think it was a May 1, 2024
20meeting where you went over the file with the
21Assistant State's Attorney at that time?
22A. Yes.
23Q. And at that time I think you said you
24were still gathering evidence and interviewing more
Page 89
1witnesses there, correct?
2A. Yes.
3Q. So May 1, 2024, Mr. Smith was still
4under investigation for First Degree Murder,
5correct?
6A. Yes.
7Q. And in March -- I think you said on
8March 7, 2025, there was a full case presentation,
9correct?
10A. Correct.
11Q. That's when it was decided to reject the
12charges of first degree murder?
13A. Yes, sir.
14Q. Was there any decision, sir, on whether
15acharge would be brought for negligent homicide or
16involuntary manslaughter was that at all discussed?
17A. The State's Attorney thought that a
18rejection across the board would be valid due to
19disproving a self defense claim.
20Q. Because in the law it would be difficult
21to prove -- disprove a self defense claim given all
22of the facts that were before them?
23A. That's from ASA Jen McCarty, yes, sir.
24Q. Did you ever express any opinion
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1agreeing or disagreeing with that?
2A. I don't give an opinion. I just accept
3it or rejection.
4Q. Okay. Have you been involved with one
5ASA has a different opinion than another ASA as to
6whether or not they can proceed with a particular
7charge of murder or Second Degree Murder?
8A. Not that I can recall.
9Q. Criminal charges were being pursued all
10the way up through at least March 7, 2025, correct?
11A. Yes.
12Q. And no decision was made up through that
13point as to whether or not to charge or -- strike
14that.
15Mr. Smith was still under investigation
16for Murder | as of March 7, 2025, correct?
17MS. WENGER: Objection, asked and answered.
18BY THE WITNESS:
19A. Yes, sir.
20BY MR. DERATANY:
21Q. I want to ask you a couple questions
22about the actual investigation.
23You referenced earlier about the doors
24on the 29th floor and then the 48th floor. Would
Page 91
1it be correct -- or strike that,
2Did you find any evidence of any broken
3doors on the 28th -- I'm sorry, 29th floor or 48th
4floor?
5A. I did not find any broken doors, no.
6Q. So even though there was indication or
7statements that Abnerd Joseph pounded on the door,
8no door was broken, correct?
9MS. WENGER: Objection.
10BY THE WITNESS:
11A. Correct.
12BY MR. DERATANY:
13Q. You referenced earlier there was some
14questions about a gentleman being punched. I don't
15know if that was Mr. Nena or Andy Clement. The
16question sort of skipped around there.
17Did you see any evidence, any actual
18physical evidence of Joseph -- or Mr. Nena being
19punched in the head?
20A. I didn't see any abrasions or bruises at
21the time I interviewed him, no.
22Q. Okay. Did you also interview Andy
23Clement?
24A. No. My Sergeant, Sergeant Coleman, Star
Page 92
1No. 2000 did.
2Q. Okay. So we were talking about Mr. Nena
3at that time.
4So it would be correct you didn't see
5any blood coming from Mr. Nena's head or any
6bruising or any abrasion on his head and you would
7have looked at that, correct?
8A. Correct.
9Q. And there was no bandage on his head at
10the time you interviewed him, correct?
11A. There was not.
12Q. Did you ever determine why Mr. Smith
13decided to go back upstairs to the 48th floor?
14MS. WENGER: Objection, calls for speculation.
15BY THE WITNESS:
16A. I did.
17BY MR. DERATANY:
18Q. Okay. And what evidence did you -- what
19did you learn?
20A. I learned he wanted to help the doorman,
21Mr. Nena.
22Q. And at the time that he went up to the
2348th floor, there was no police present, correct?
24A. Correct.
Page 93
1Q. But the police -- was it your
2understanding that the police had already been
3called at that point?
4A. Yes, sir.
5Q. And as a detective, is it the policy and
6procedure of the Chicago Police Department that
7individuals should not go to a potential crime
8scene but should wait for the police?
9MR. VAIDYA: Objection to form.
10MS. WENGER: Join.
11MR. WEISS: Join.
12BY THE WITNESS:
13A. Accrime scene would indicate that a
14crime has already occurred. I can't speculate what
15type of crimes occurred, what -- you know, what's
16happened or that --
17MR. DERATANY: Let me rephrase the question.
18I'm sorry.
19BY MR. DERATANY:
20Q. If there is a potential of a crime
21occurring in the present, is it the recommendation
22of yourself, as a detective, that an individual not
23go investigate what's happening themself but wait
24for the police?
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Page 94
1MR. VAIDYA: Objection.
2MS. WENGER: Objection.
3MR. KING: Join.
4MR. VAIDYA: Form.
5MR. WEISS: Join.
6MS. WENGER: Calls for speculation and
7incomplete hypothetical.
8BY THE WITNESS:
9A. Me as a detective I would -- that's a
10tough one. I don't know. I do not know.
11BY MR. DERATANY:
12Q. Well, the police are trained to conduct
13investigations of potential crimes, correct?
14A. Yes.
15Q. Not lay people?
16A. Yes.
17Q. Okay. And it's your understanding that
18the doorman had hit the panic button and then
19Mr. Smith decided after that to go upstairs to the
2048th floor. Would that be correct?
21MS. WENGER: Objection, form.
22MR. KING: Objection to the form of the
23question, inconsistent with the evidence.
24MR. VAIDYA: Join.
Page 95
1BY THE WITNESS:
2A. Mr. Nena first notified 911 via a
3telephone and after the shooting, he hit the panic
4button.
5MR. WEISS: Join.
6MR. DERATANY: I see. Okay, you're right. I
7got that wrong.
8BY MR. DERATANY:
9Q. Sohecalled 911 and then Mr. Smith went
10upstairs to the 48th floor from the lobby, correct?
11MS. WENGER: Objection, form.
12BY MR. DERATANY:
13Q. Is that your understanding. Let me
14finish the question.
15Is that your understanding of the
16events?
17A. Those two chain events, yes, there was a
18911 call and then they went to the 48th floor.
19Q. Did you determine from any of your
20conversations how much time elapsed between the 911
21call and the time that Mr. Smith decided or went up
22to the 48th floor?
23MR. KING: Are you talking about the first 911
24call?
Page 96
1MR. DERATANY: Yes.
2MR. KING: Okay. Thank you.
3BY THE WITNESS:
4A. Through the course of investigation, I
5learned by getting the 911 actual audio tapes and
6an Excel spreadsheet response of those times.
7BY MR. DERATANY:
8Q. And what's your understanding as to how
9much time elapsed between the first 911 call and
10the time that Mr. Smith went up to the 48th floor?
11A. If I recall it was all under half an
12hour.
13Q. Was it more than ten minutes after the
14first 911 call that he went up?
15A. Yes, it was.
16Q. So at least ten minutes elapsed between
17the 911 calli and the time that he went upstairs?
18A. Yes, sir.
19Q. And do you typically advise individuals
20not to confront an individual who may be going
21through a mental break?
22MS. WENGER: Objection, form.
23MR. WEISS: Objection, form.
24MR. VAIDYA: Join.
Page 97
1MR. NEGA: Join.
2BY THE WITNESS:
3A. I don't advise any individuals. I just
4respond to the scene.
5BY MR. DERATANY:
6Q. Okay. Well, as a detective, would it be
7correct that you don't like -- you don’t want
8individuals to take police matters into their own
9hands, correct?
10MS. WENGER: Objection, form.
11MR. VAIDYA: Join.
12BY THE WITNESS:
13A. What would you define as police matters?
14I don't understand the question.
15BY MR. DERATANY:
16Q. Okay. Typically and customarily,
17individuals are instructed to -- strike that. Let
18me rephrase the question and ask a background
19question.
20Are you familiar with listening to 911
21tapes?
22A. Yes, sir.
23Q. The protocol of 911?
24A. Yes, sir.
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Page 98
1Q. Okay. When somebody calls 911 and they
2report a crime or something occurring, is it your
3understanding from listening from your years of
4listening to 911 calls that typically and
5customarily the 911 operator's advise the person
6making the call to stay in a safe location and not
7investigate or go into the area where the potential
8crime is occurring?
9MS. WENGER: Objection, form.
10MR. VAIDYA: Join.
11MR. NEGA: Join.
12BY THE WITNESS:
13A. Yes, I have heard that before.
14BY MR. DERATANY:
15Q. Just put it in typical terms the custom
16and practice is, hey, wait for the police, we do
17the investigation, right?
18MS. WENGER: Objection, form.
19MR. VAIDYA: Join.
20MR. WEISS: Join.
21MR. NEGA: Join.
22BY THE WITNESS:
23A. I haven't heard those specific words.
24 
Page 99
1BY MR. DERATANY:
2Q. I'm talking about a general gist, the
3general public should not go into a situation where
4acrime is potentially going to occur or somebody
5is having an issue where a crime could be occurring
6and they are supposed to wait for the place?
7MS. WENGER: Objection.
8MR. KING: Form of the question, calls for
9speculation.
10MR. VAIDYA: Join.
11MR. NEGA: Join.
12MS. TRIBBIA: Join.
13MR. DERATANY: Everybody knows this but that's
14allright. He's answered the question. I'll go
15on.
16BY MR. DERATANY:
17Q. Now you said you referred to the name
18Joseph Bent, was that a name that you had listed?
19A. Jareth Bent.
20Q. Jareth Bent. Was it Jared or Jareth?
21A. Jareth.
22Q. Jareth. And he was listed as an
23emergency contact?
24A. For the building at 60 East Monroe for
Page 100
1Abnerd Joseph, yes, he was the emergency contact.
2Q. Yes, sir, Thank you.
3And he was listed as a brother, correct?
4A. Yes.
5Q. But you came to find out he was a
6fraternity brother and not a biological brother,
7correct?
8A. Yes.
9Q. And the gentleman with the name Kacey, I
10missed the last name of that person?
11A. I don't know Kacey's last name.
12Q. Oh, okay. That was another fraternity
13brother?
14A. Correct.
15Q. And what was his -- what was your
16mention of his involvement?
17A. He called Jareth Bent to have him check
18on Abnerd Joseph.
19Q. So your understanding is based on Abnerd
20listing Jareth Bent as an emergency contact and
21referencing Kacey, that his fraternity brothers
22were involved with his care, correct?
23MS. WENGER: Objection, form.
24MR. WANGLER: Objection.
Page 101
1BY THE WITNESS:
2A. I don't know about his care. I know
3that they were very close in a relationship.
4BY MR. DERATANY:
5Q. Okay. And how did you learn that they
6were very close in relationship?
7A. I spoke to Jareth Bent and Jay.
8Q. And both of them indicated that several
9of his -- or some of his fraternity brothers were
10very close to Abnerd Joseph?
11MS. WENGER: Objection, form.
12BY THE WITNESS:
13A. That's my understanding, yes.
14BY MR. DERATANY:
15Q. Okay. And they referred to each other
16as brothers?
17A. Yes.
18MR. DERATANY: I just have a few more
19questions.
20In May of 2024, the tox report -- the
21toxicology report was still pending, correct?
22A. Yes.
23Q. And that's another -- that's certainly
24part -- an important part of the investigation into
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Page 102
1the murder charges against Abnerd Joseph, I mean,
2murder charges against Mr. Smith?
3A. It would indicate if the behavior of
4Abnerd Joseph was warranted?
5Q. Would it indicate to you whether or
6not -- would it point to you whether or not self
7defense is a valid defense or not?
8A. Garrett Smith doesn't know the
9toxicology results of Abnerd Joseph, so no.
10Q. Let me ask you the question simply put.
11What's the importance of the toxicology
12report as in terms of your investigation?
13A. It validates Abnerd Joseph's behavior.
14Q. Okay. So you would not want to close
15the murder investigation without receiving a
16toxicology report, correct?
17A. In any investigation? That depends.
18Q. In this investigation.
19A. Oh, no.
20Q. And you also were drafting subpoenas for
21the grand jury in July of 2024, I think you said,
22correct?
23A. I can't remember if it was July but it
24was about that time on or about them.
Page 103
1Q. And was a grand jury impaneled?
2A. They were at the time, yes.
3Q. Anda grand jury -- did the grand jury
4go over the evidence?
5A. They did not.
6Q. And why was that?
7A. The State's Attorney did their interview
8outside the grand jury's room.
9Q. Whose decision is it to submit the
10potential charges to a grand jury?
11A. The State's Attomey's Office.
12Q. Do you agree or disagree or is that
13something that's outside of your purview?
14A. It's outside.
15Q. And I'm sorry if I don't understand this
16correctly, but was the grand jury actually
17impaneled and then discharged without any charges
18being brought before them or were they not yet
19impaneled?
20A. At any given time there might be two or
21three grand juries going at once. They were going
22during this time but not for this case.
23Q. I see. Okay.
24So there was a grand jury that could
Page 104
1have been assigned to this case but they were
2not -- but the charges were not brought to them.
3Did I say that correctly?
4A. The subpoena was to conduct an
5interview. So, no, they weren't brought before the
6grand jury.
7Q. Okay. And in August of 2024, there was
8an interview of Jareth Bent; is that correct?
9A. Yes.
10Q. And then in September, I think it was
11September 4th of 2024, more subpoenas were being
12issued and you were having meetings with ASA --
13with the ASA, correct, about Shirley Meng?
14A. I don't know if it was plural subpoenas
15but at least one.
16Q. So there was still a question about
17an outstanding subpoena and a meeting -- I'm trying
18to sort of condense it to get you out of here -- a
19meeting with ASA about Shirley Meng and there was
20still an outstanding subpoena.
21So you were -- this was an ongoing
22investigation into the charge of First Degree
23Murder, correct?
24A. Yes.
Page 105
1Q. And in January of 2025, you had issued a
2warrant or you had requested a warrant for
3Mr. Smith's phone, correct?
4A. Asearch warrant, yes.
5Q. Asearch warrant. Yeah.
6So by January of '25, and in February of
725, when you received the information back, still
8no decision as to whether or not a charge of First
9Degree -- he was still under investigation for
10First Degree Murder, correct?
11A. Yes.
12Q. Counsel asked you questions about
13Delbert Charles, Delbert J. Charles, and I think
14you indicated that you spoke with him about three
15or four times. Do you recall that?
16A. One-on-one or with one or two people,
17yes, and then more with the attorney if he was on
18the conference call, yes.
19Q. Okay. And Detective, did you ever sec
20any of the posts on either Tik Tok or whatever the
21platform was, Instagram, or a site called Justice
22for Abnerd, did you see any of those posts?
23A. Thave not.
24Q. Would it have made any difference to you
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Page 106
1in your investigation of the murder charges?
2A. Only if it had anything of evidence.
3Q. Do you -- ifan individual -- well --
4strike that.
5Was Delbert J. Charles when you spoke
6with him either the first or second time, was he
7upset about the murder -- or about the killing of
8his brother?
9A. Yes, he was.
10Q. Would you judge that based upon your 19
11or 20 years, almost 20 years of experience, to be a
12normal reaction to be upset about the killing of
13his brother?
14A. Absolutely, nothing excessive just
15normal upset, sure.
16Q. And have you had situations where family
17members want you to go further with investigations?
18A. Yes.
19Q. It would be kind of common, wouldn't it?
20A. Every case is different but it has
21happened in my past, yes.
22Q. Okay. And did Delbert J Charles or any
23of the family members ever provide any information
24which helped in the investigation of whether or not
Page 107
1you would proceed with murder charges or not?
2A. They gave me general background
3information on Abnerd Joseph as well as the ceil
4phone was turned over by the family.
5Q. So they were part -- would you agree
6that they are providing information was part of the
7investigation?
8A. They did, yes.
9Q. And I think you said Jay Charles just
10said he wanted justice for his brother, correct?
11A. Yes.
12Q. And was there anything unusual or
13anything you found disparaging about that comment?
14A. For me personally, no.
15Q. You heard the phone conversation and
16obviously the I guess I'll use the word incoherent
17or gibberish statements that Abnerd Joseph made on
18the phone that counsel played for you?
19A. Yes.
20Q. In your judgment as a detective with
21your training, did Abnerd Joseph need mental health
22or medical care?
23MS. WENGER: Objection, form.
24MR. KING: Objection, calls for medical
Page 108
1opinion.
2MR. VAIDYA: Join.
3MR. WANGLER: Lack of foundation also.
4Go ahead.
5BY THE WITNESS:
6A. I could definitely tell his breath rate
7was high. He was excited. I would -- I would
8definitely suggest some type of intervention
9medically.
10BY MR. DERATANY:
11Q. If you had come across him at that point
12and he was in a bathrobe and had -- and he was
13talking like that, would you get mental health
14professionals involved as a typical and customary
15practice in your line of work as a detective?
16MR. WANGLER: Objection, calls for
17speculation, lack of foundation.
18MR. WEISS: Objection, calls for speculation.
19MR. KING: Lack of foundation.
20MR. NEGA: Join.
21MS. TRIBBIA: Join.
22MR. VAIDYA: Join.
23BY THE WITNESS:
24A. That is definitely one of the outcomes I
Page 109
1could have as a police officer.
2BY MR. DERATANY:
3Q. What is the procedure in terms of
4calling for a mental health professional, is there
5somebody within the police department that you call
6or is it if you had come upon the scene what would
7be the procedure?
8A. Wecould radio for the Chicago Fire
9Department who are trained as well as critical
10incident trainees in our districts, CIT trained
11individuals could respond.
12Q. That's what I was getting at. The CIT
13individuals. Are those police officers or are
14those through the fire department?
15A. They're police officers but occasionally
16they will have civilians attached to them as well.
17Q. And are those police officcrs that
18are -- receive extra training in handling
19individuals with mental health breakdowns?
20A. Yes, sir.
21Q. And what does CIT stand for?
22A. Critical incident training.
23Q. And have you had CIT training?
24A. In general, yes, there is a 40-hour
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Page 110
1course which I do not have.
2Q. Okay. And that extra 40-hour course,
3those individual police officers -- are they police
4officers that you said?
5A. They are, yes.
6Q. And are they trained in something called
7deescalation?
8A. Yes.
9Q. And you said you had some of that
10training but not the full 40 hours?
11A. Correct.
12Q. Is that what you're saying. How many
13hours have you had, Detective?
14A. Several. I couldn't tell you throughout
15the course of the years, several though.
16Q. And are you familiar with the manner in
17which the deescalation occurs?
18A. Absolutely.
19Q. Can you go through that with us?
20A. Weuse time as a tactic to try to slow
21everything down. We try to talk to the individual.
22Try not to be too offensive with our movements, and
23then request CIT if available.
24Q. In all of that training, that's training
Page 111
1that has been honed for years by the Chicago Police
2Department, is that your understanding?
3A. Yes, it's a cyclical how often we get
4trained, yes.
5Q. And it's pretty extensive, would you
6agree?
7A. I would like more but I wouldn't
8characterize it as extensive but we're trained.
9Q. And has it, in fact -- is it, in fact,
10true that the CIT training by the Chicago Police
11Department, if you know, is an example that's used
12in training other police departments throughout
13country?
14A. I don't know but I wouldn't be surprised
15if itis.
16Q. It's considered pretty top-notch
17treatment or training, isn't it?
18A. It is.
19Q. And the police officers that are
20especially trained and yourself that has these --
21has a special training to deescalate through CIT
22training, in your experience, does that more often
23than not work to deescalate the situation such as
24was presented with Abnerd Joseph?
Page 112
1MS. WENGER: Objection.
2MR. KING: Objection. I don't know what the
3frequently works means.
4BY THE WITNESS:
5A. Yeah, every case is different.
6BY MR. DERATANY:
7Q. Does the CIT training work? In other
8words, do you often -- have you taken part in
9deescalating situations where somebody had a mental
10health breakdown?
11A. In my training experience, absolutely.
12Q. And is it your understanding that's
13training that individuals to our laypersons don't
14typically have, correct? That's training that you
15folks in the police department and detectives have?
16A. I know certain professions train with
17it. I don't know exactly.
18Q. Well, software engineers -- do you know
19if software engineers receive CIT training?
20MR. VAIDYA: Objection.
21MR. WANGLER: Relevance.
22MS. WENGER: Join.
23BY THE WITNESS:
24A. I have no idea.
Page 113
1BY MR. DERATANY:
2Q. Isn't that what Mr. Smith is? Well,
3let's put it this way, in your discussions with
4Mr. Smith and your investigation as to the murder
5charges, did you ever learn as to whether or not
6Mr. Smith ever had any CIT training?
7A. No.
8Q. In one of the answers you gave during
9the deposition by counsel, you said the word Joseph
10was the initial aggressor and you used “initial”
11was the word.
12Was there another aggressor that you
13found -- was anybody else an aggressor in that
14incident?
15A. Garrett Smith fired shots from a
16firearm.
17Q. And so Garrett Smith would be considered
18an aggressor as well, correct?
19A. Yes.
20Q. In your training, did you see whether
21Mr. Smith engaged in any type of deescalation from
22your investigation reviewing your reports and so
23forth in your conversations with Mr. Smith, did you
24come to any opinion as to whether Mr. Smith
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Page 114
1attempted to use any type of deescalation?
2A. Mr. Smith warned of having a firearm
3permit and saying he had a gun. That could be to
4some people deescalation.
5Q. That could be to some people
6deescalation?
7A. Yes.
8Q. Would that be correct that's now -- not
9how a CIT person is trained to deescalate?
10A. Only asa last resort.
11Q. Right. And before you get to that last
12resort, you don't usually brandish a gun to a
13person who is in a bathrobe who is having a mental
14breakdown, correct?
15A. Asapolice officer every case is
16different. If I feel the need to draw a gun, I
17would draw but specifically every case is
18different.
19Q. But in terms of the CIT training, you
20used the term time, and then is another part of CIT
21training to continue to talk to the individual?
22A. Yes, if we can absolutely.
23Q. And is it -- when so you take the time
24and you talk to the individual, do you also try to
Page 115
1establish a rapport with the individual that is
2having this mental breakdown?
3A. Absolutely.
4Q. And part of establishing a rapport is to
5try to provide -- or try to find some commonality
6with the individual and continue to talk to him
7about that?
8A. Yes.
9Q. And then the goal is to for him to
10deescalate and agree to if necessary go toa
11medical facility to receive proper mental health
12treatment, would that be correct?
13A. That would be the best case scenario.
14Q. And did you continue to have
15conversations with Delbert J. Charles or other
16family members all the way through May of 20 -- or
17July of 2025?
18A. At that point it was mostly attorneys
19but there would be phone calls that were
20conferenced in with the family occasionally.
21Q. And during that time period, would be it
22correct to say that you had conveyed that you were
23continuing to investigate Mr. Smith for charges of
24murder?
Page 116
1A. I would say, like I would give an update
2of the case and tell them if the Cook County
3State's Attorney wanted more interviews or more
4evidence. I'd basically update them where we were.
5Q. Okay. And from what they told you and
6the conversations that you had, was it your
7understanding that they knew that they were -- that
8Mr. Smith was being investigated for murder?
9A. Yes.
10Q. And they knew that -- was -- you
11conveyed that it was up to the Assistant State's
12Attorney which charges, if any, would be brought?
13A. Yes, J walked them through the steps,
14yes.
15Q. The State's Attorney at the time was Kim
16Foxx?
17A. Yes.
18Q. And she is an elected individual. She
19runs for office, correct?
20A. Yes, sir.
21Q. And do you know if during the time that
22you were investigating this Ms. Foxx was running
23for office?
24A. I don't recall.
Page 117
1Q. Did any of the family members give you
2their opinion that Mr. Smith murdered their
3brother?
4MS. WENGER: Objection, form.
5BY THE WITNESS:
6A. Gave their opinion that -- it was never
7a question if Garrett Smith shot Abnerd Joseph.
8That was never a question.
9BY MR. DERATANY:
10Q. Okay. So did they ever give you an
11opinion, though, that a murder charge should be
12brought?
13A. I told them that's the murder charge I
14was seeking. The highest charge possible. They
15didn’t say either way.
16Q. And it was your opinion, at least during
17the beginning stages of the investigation, that
18First Degree Murder was the appropriate charge to
19pursue?
20A. Yes.
21MR. DERATANY: I think that’s all I have.
22Thank you.
23MS. WHITE: Thank you.
24MR. DERATANY: Thank you, Detective.
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Page 118
1EXAMINATION
2BY MS. WHITE:
3Q. Good afternoon, Detective Dowling. My
4name is Maura White and I represent Abnerd Joseph,
5the family in the wrongful death case.
6A. Good afternoon.
7Q. So you testified earlier when you were
8being asked questions that you believe that the
9testimony of the witnesses on scene that night were
10consistent, is that correct?
11A. Yes.
12Q. Okay. You conducted numerous witness
13interviews the night that this happened, right, on
14September 14, 2023?
15A. Yes.
16Q. Prior to you conducting those
17interviews, you were aware that the responding
18officers also conducted interviews of some of those
19witnesses?
20A. Yes.
21Q. Did you go through -- let me ask you
22this question. Those were captured on body worn
23cameras, correct?
24A. Yes.
Page 119
1Q. And did you have an opportunity to
2review their body wom camera prior to conducting
3the interviews on scene that night?
4A. I did.
5Q. Did you have an opportunity to provide
6that body worn camera to the State's Attorney
7Office during the course of their investigation?
8A. I did.
9Q. And when did you do that?
10A. I don't recall the date.
11Q. Would it have been prior to ASA
12Gallagher interviewing them on the 15th, the day
13after, at Area 3?
14A. I don't recall. It would have been some
15point during the investigation.
16Q. And when ASA Gallagher spoke to them on
17September 15th -- and by "them," I believe -- and
18you can correct me if I'm wrong -- I believe he
19spoke to Mr. Nena; is that correct?
20A. Yes.
21Q. He spoke to Mr. Clement?
22A. Correct.
23Q. And he also spoke to Natalie and Robert
24Bishopp, is that right?
Page 120
1A. Correct.
2Q. When ASA Gallagher took their
3statements, did he memorialize their statements in
4any way?
5A. He did not.
6Q. Did you mem -- other than your clear
7closed report that was Exhibit 1, did you take
8notes of their interviews?
9A. I would noted if there was anything
10different from the story which there wasn't so no.
11Q. Okay. And but you don't have any notes;
12is that correct?
13A. Correct.
14Q. Okay. So and then would it -- are you
15aware that the witnesses in this case have all
16provided depositions during the course of the civil
17matter?
18A. No,I wasn't aware of that.
19Q. Would it surprise you to know, for
20example, that Mr. and Mrs. Bishopp walked back
21their claim that they heard Abnerd Joseph using
22racially charged language when they were going
23towards the elevator?
24MS. WENGER: Objection, mischaracterizes the
Page 121
1evidence.
2MR. KING: Join,
3MS. TRIBBIA: Objection as well.
4MR. WANGLER: Lack of foundation.
5Go ahead.
6BY THE WITNESS:
7A. That would be surprising, yes.
8BY MS. WHITE:
9Q. Are you aware that the night of the
10shooting Mr. Clement prepared typewritten notes
11regarding the shooting?
12A. I wasn't aware of that.
13Q. So is it fair to say he didn't provide
14those to you?
15A. That's correct.
16Q. Would it surprise you to know that he
17initially believed that he passed out due to the
18sound of the gun shots?
19MR. NEGA: Objection, form.
20BY THE WITNESS:
21A. Mr. Clement originally thought he
22fainted.
23BY MS. WHITE:
24Q. And did he tell you why he thought he
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Page 122
1fainted?
2A. No.
3Q. You noted in your report that, for
4example, Bernard Schott -- and for the record
5that's S-c-h-o-t-t -- spoke to the State's
6Attorney's Office when he was subpoenaed in I
7believe it would have been August of 2024; is that
8correct?
9A. Yes.
10Q. And I believe that you indicated on your
11-- in your detective's report that he included a
12new fact that he heard a punch striking a meaty
13substance before hearing shots fired; is that
14correct?
15A. Yes.
16Q. And that on that day on August -- in
17August of 2024, that was the first time that you
18had heard him provide that information; is that
19correct?
20A. Correct.
21Q. In addition to Mr. Schott's testimony,
22you also -- just so I'm clear, when Mr. Schott was
23giving his statement, I just wanted to clarify some
24questions that Mr. Deratany asked.
Page 123
1Where in the State's Attorneys office
2were these witnesses interviewed?
3A. It wasn't a State's Attorney office. It
4was at 26th and California outside of the grand
5jury rooms.
6Q. Okay. Is that Branch 66, the homicide
7grand jury unit?
8A. No. It was directly behind the check-in
9counter of the grand jury.
10Q. Okay. And just to be clear, they did
11not testify before the grand jury; is that correct?
12A. Correct.
13Q. And you did not testify before the grand
14jury; is that correct?
15A. Correct.
16Q. Okay. Now, in addition to the different
17interviews that you did, you had information that
18from Mr. Smith, for example, he initially provided
19a statement to your colleagues prior to you
20interviewing him at Area 3, is that right?
21A. That is right.
22Q. And he told your colleagues prior to you
23coming there that he thought at first Mr. Joseph
24had a weapon of some sort; is that correct?
Page 124
1A. Correct.
2Q. Did you ever ask Mr. Smith about
3anything about that?
4A. No.
5Q. You were aware that Abnerd Joseph was
6wearing a bathrobe at the time that he was killed,
7correct?
8A. Correct.
9Q. And as far as you knew, at that time, no
10weapons were recovered on Abnerd Joseph's person,
11correct?
12A. That is correct.
13Q. And during the course of your
14investigation actually there were no weapons
15recovered regarding Abnerd Joseph, is that right?
16A. Correct.
17Q. And in Mr. Smith's statement, he told
18you that Abnerd Joseph kept charging at him and
19that he ultimately fell on Mr. Smith, is that
20right?
21A. Correct.
22Q. You testified that you thought that
23there was some sort of physical altercation between
24Mr. Smith and Abnerd Joseph?
Page 125
1A. Yes.
2Q. And that's based solely on the testimony
3of Mr. Smith at this point, correct?
4A. Correct.
5MR. VAIDYA: Objection as to form.
6BY MS. WHITE:
7Q. During the course of your investigation
8is that fair to say?
9A. Yes, that's fair.
10Q. There was no testimony from Mr. Nena
11about the physical altercation; is that correct?
12MR. VAIDYA: Objection.
13MR. WANGLER: Objection, misstates the
14testimony.
15MS. WENGER: Objection.
16BY THE WITNESS:
17A. Correct.
18BY MS. WHITE:
19Q. Did Ms. Bishopp tell you -- she told you
20she did not see the shooting; is that correct?
21A. Yes, she went toward her door.
22Q. Mr. Clement told you that he lost
23conscious and regained it at some point before
24hearing gunshots; is that correct?
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Page 126
1A. I don't recall him hearing a gunshot but
2at some point he did lose consciousness, yes.
3@. And Mr. Bishopp did not relay watching
4what happened during the shooting, is that correct,
5because he was on the ground?
6A. That is correct.
7Q. So when you are looking at the evidence
8with respect to the shooting itself, you're looking
9at this point the only person that's alive is
10Mr. Smith, correct?
11A. And his injuries, yes.
12MS. WENGER: Objection, misstates evidence.
13MR. VAIDYA: I'm going to join in the
14objection.
15BY MS. WHITE:
16Q. When Mr. Smith told you that Mr. Joseph
17fell on him after being shot, would you expect to
18that there would be a significant amount of blood
19on Mr. Smith --
20MS. WENGER: Objection, calls for speculation.
21BY MS. WHITE:
22Q. -- in your training and experience?
23MR. VAIDYA: Join.
24MR. WANGLER: Join, speculation.
Page 127
1BY THE WITNESS:
2A. All wounds can be different. A sucking
3chest wound doesn't have much blood at all, so it
4all depends on the situation for that.
5BY MS. WHITE:
6Q. And at the time you interviewed
7Mr. Smith, had you already -- they had not
8conducted the autopsy at that point, correct?
9A. Correct.
10Q. So you didn't know what types of wounds
11Mr. Joseph would have had at the time you
12interviewed him; is that correct?
13A. That's incorrect.
14Q. You knew from going to the hospital is
15that --
16A. Yes.
17Q. Okay. I just wanted to clarify that.
18Now with respect to the video evidence
19in this case, you reviewed the lobby surveillance
20camera; is that correct?
21A. Correct.
22Q. Andon the camera and I believe you
23testified -- but please correct me if I'm wrong --
24Mr. Nena is at the front desk, correct?
Page 128
1A. Yes.
2Q. And Mr. Clement Mr. and Mrs. Bishopp and
3Mr. Smith are at the front desk as well, is that
4right?
5MS. WENGER: I'm just going to object because
6this is unclear as to what point in time you are
7talking about in the video.
8MS. WHITE: And I'm happy to pull that up, if
9you want, but let me be clear.
10BY MS. WHITE:
11Q. So during the video that was captured
12prior to the shooting on the lobby video,
13Mr. Smith, Mr. Bishopp, Mrs. Bishopp and
14Mr. Clement are at the front desk of the lobby; is
15that correct?
16A. Atsome point in time they are all
17together at the front desk, yes.
18Q. And just to be clear, you can't hear
19what's being said on the video. There is no sound,
20right?
21A. That is correct.
22Q. And the group walks towards the
23direction of the elevators, correct?
24A. Yes.
Page 129
1Q. And at some point they come down all
2together; is that correct?
3A. Yes.
4Q. During the course of your investigation,
5did you ask the individuals who were at the front
6desk what they discussed prior to them going
7upstairs?
8A. Yes.
9Q. Did you observe them when they came down
10from the elevators in the direction of the front
11desk?
12MS. WENGER: Objection, form.
13BY MS. WHITE:
14Q. On the video?
15A. Yes.
16Q. Did Mr. Nena on the video appear to be
17injured in any way?
18A. He wasn't limping or anything on the
19video.
20Q. Did his demeanor indicate to you based
21on your training and experience that he had just
22been in a physical altercation?
23MS. WENGER: Objection, calls for speculation.
24MR. WANGLER: Objection, speculation.
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Page 130
1MR. VAIDYA: Join.
2BY THE WITNESS:
3A. He appeared to be moving pretty quickly
4when he hit the panic button. He was pacing back
5and forth. That's what I observed.
6BY MS. WHITE:
7Q. When Mr. Clement was walking towards the
8on the video after the coming down or coming
9towards the front desk, did he appear to have been
10involved in a physical altercation did you observe
11any injuries on him?
12A. From the video at the front desk, no.
13MS. WENGER: Objection, calls for speculation.
14MR. VAIDYA: Join.
15MR. NEGA: Join.
16BY MS. WHITE:
17Q. What about Mr. Smith, did he appear to
18be injured in any way on the video when you
19observed HIM walking toward the front desk after
20coming from the direction of the elevators?
21MS. WENGER: Objection, calls for speculation.
22MR. VAIDYA: Join.
23BY THE WITNESS:
24A. I didn't observe any injuries from that
Page 131
1video, no.
2BY MS. WHITE:
3Q. And did it look to you like Mr. Smith
4had been in a physical altercation even if he
5didn't have any injuries at that time?
6MS. WENGER: Objection.
7MR. WANGLER: Objection, form.
8MR. VAIDYA: Objection.
9MR. WANGLER: Sorry, I cut you off.
10MS. WENGER: I'll join in your objection.
11BY THE WITNESS:
12A. At the point I viewed the video, I
13already knew of injuries. But from that video, no,
14there weren't any injuries that I could see.
15BY MS. WHITE:
16Q. Did Mr. Clement seek medical attention
17while you were on scene that night?
18A. Hedidnot.
19Q. Did Mr. Nena seek medical attention on
20scene while you were there that night on
21September 14th?
22MS. WENGER: I'm just going to object to form.
23BY THE WITNESS:
24A. He did not.
Page 132
1MR. VAIDYA: Join.
2BY MS. WHITE:
3Q. You testified that Mr. Nena --
4Mr. Clement provided you some medical records that
5he had, correct --
6A. Yes.
7Q. --atsome point during the course of
8your investigation?
9A. Yes, when he met with ASA Gallagher the
10next day.
11Q. And at some point you requested Mr. Nena
12provide you medical records; is that correct?
13A. Several times, yes.
14Q. Did he ever provide you any medical
15records?
16A. No, did he not.
17Q. Now, there was no -- did you go to the
1829th floor, Officer -- or excuse me, Detective?
19A. Tdid not.
20Q. Did other CPD personnel go to the 29th
21floor?
22A. Yes.
23Q. Based on the investigation and what you
24learned during the course of the investigation, was
Page 133
1there any evidence that Mr. Smith's door had been
2broken in any way or damaged?
3A. There was not.
4Q. You testified earlier that Mrs. Bishopp
5told you about needing to go to check to see
6whether or not or her door was locked or her door
7was unlocked and that's why they went upstairs; is
8that correct?
9A. Correct.
10Q. Did she ever tell you whether they
11determined if her door was locked or not?
12A. I don't recall,
13Q. You were asked questions regarding the
14toxicology report. And I believe you testified
15that it was May of 2024 when you provided that to
16the State's Attorney's Office; is that correct?
17A. Yes.
18Q. The date of the toxicology report is
19actually October 4, 2023.
20Do you know why there was a lag between
21the time that you -- the report was issued to the
22time that you would have received it?
23A. Thave no idea why.
24Q. With respect to the results of the
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Page 134
1toxicology report, did you -- you obviously
2reviewed it and I believe you testified that you
3spoke to the medical examiner after seeing it?
4A. Yes.
5Q. Is that correct?
6A. Yes.
7Did you ever speak to the toxicologist?
8A. No.
9Q. Doyou have any training in toxicology
10or pharmacology?
11A. No.
12Q. Are you trained to be able to interpret
13the results on a toxicology report?
14A. No.
15Q. So youcan't say sitting here today
16whether or not the levels that were -- or I should
17say the findings indicated impairment or not, is
18that fair?
19A. Only that the medical examiner stated
20that it wouldn't kill him but it could explain some
21behavior.
22Q. Now you testified, I believe, that you
23interviewed Mr. -- obviously you interviewed
24Mr. Smith when he was in custody. And I believe
Page 135
1that you are interview lasted for a period of time
2where you asked him questions and he went through
3the entire -- his version of events that night.
4If, for example, Mr. -- there was
5evidence that Mr. Joseph dropped to the ground
6immediately after being shot, would that be in --
7that would be inconsistent with the testimony that
8Mr. Smith provided that night, correct?
9MS. WENGER: Objection, form.
10MR. VAIDYA: Objection, join.
11BY THE WITNESS:
12A. Yes, not verbatim but in summation
13Mr. Garrett Smith said that he reached around and
14was touching near his wounds and backing up.
15BY MS. WHITE:
16Q. And if you learned additional
17information about forensic evidence, that could
18change whether or not Mr. Smith's version of events
19would be consistent with physical evidence, is that
20fair to say?
21MS. WENGER: Objection, form.
22MR. VAIDYA: Objection, join.
23BY THE WITNESS:
24A. That's potential, yes.
Page 136
1BY MS. WHITE:
2Q. So when you are conducting an
3investigation, Detective, you're obviously looking
4at the witness statements, correct?
5A. Yes.
6Q. There is also physical evidence to
7consider?
8A. Yes.
9Q. And during the course of your
10investigation, as a detective for almost -- as an
11investigator for almost 20 years now, are there
12times where the physical evidence contradicts what
13a particular witness says about a circumstance or
14events leading up to a crime?
15A. I have been police officer for 19 years
16and not an investigator, but, yes, that could
17possibly occur, yes.
18Q. Sois it important to physical test the
19evidence to make determinations about what is or is
20not present in a crime scene?
21A. Depending on the evidence, absolutely.
22Q. There were multiple pieces of evidence
23that you -- or the Chicago Police Department
24recovered during the course of the investigation;
Page 137
1is that correct?
2A. Yes.
3Q. There was a gun shot residue test or kit
4taken from Garrett Smith on the night of the
5shooting, correct?
6A. Yes.
7Q. What's a gunshot residue test?
8A. A test of the molecules present in a
9firearm or in close proximity to the firearm being
10fired.
11Q. And was that sent to the Illinois State
12Police crime lab for testing and analysis?
13A. No, it wasn't.
14Q. Why not?
15A. Because Garrett admitted to shooting and
16all of the witnesses also stated the same.
17Q. Did -- was there a gunshot residue kit
18performed on Abnerd Joseph?
19A. No.
20Q. Why not?
21A. Presumably he would have molecules on
22him from a gunshot.
23Q. There were multiple blood swabs that
24were inventoried; is that correct?
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Page 138
1A. Correct.
2Q. There were blood swabs taken from the
3red stain on the carpet, is that correct?
4A. Yes.
5Q. Were those sent to the Illinois State
6Police crime lab for testing and analysis?
7A. No.
8Q. Why not?
9A. They were underneath the body of Abnerd
10Joseph.
11Q. There were also swabs for biological
12evidence taken from the firearm that was recovered
13from Mr. Smith that night; is that correct?
14A. What was the question, swabs for what?
15Q. For biological material taken from
16Garrett Smith's gun that night, correct?
17A. Yes, during the evaluation at the crime
18lab, they often do that, yes.
19Q. Were those sent to the Illinois State
20Police crime lab for testing and analysis?
21A. No.
22Q. Why not?
23A. There was no need. Garrett Smith
24admitted firing the firearm.
Page 139
1Q. There were also Mr. Smith -- it was also
2Mr. Smith's shirt that was taken prior to your
3interview from his body and placed into evidence,
4correct?
5A. That's correct.
6Q. Was that sent to the Illinois State
7Police crime lab for testing and analysis?
8A. No.
9Q. Mr. Joseph's robe was also taken from
10his body following him being taken to the morgue
11and that was placed into evidence as well, correct?
12A. Correct.
13Q. Was that sent to the Illinois State
14Police crime lab for testing and analysis?
15A. No, it wasn't.
16Q. Now you testified briefly when you were
17being asked questions by counsel about Mr. Bent's
18statement to you and I believe you interviewed him
19the night on scene, is that right, Jareth Bent?
20A. Noton scene, no. I spoke to him in his
21apartment at 13th and Michigan.
22Q. So he told you, and I believe you
23testified, that he had been -- that he had noticed
24something about Mr. Joseph recently and I
Page 140
1believe -- and correct me if I'm wrong -- his
2actual statement to you was that Nerd was,
3quote-unquote, off in the last two weeks?
4A. Yes. Was Nerd was his nickname for
5Abnerd for short.
6Q. But the question regarding suicide was
7not something that came up until that night from
8Mr. Bent; is that correct?
9A. Correct.
10Q. There were also blood -- there were also
11swabs of blood from the wall in the hall way that
12were taken; is that correct?
13A. That's correct.
14Q. Those also were not sent to the Illinois
15police crime lab for testing and analysis, right?
16A. Correct.
17Q. You mentioned that you had an
18opportunity to review the 911 dispatch calls; is
19that correct?
20A. I did, yes.
21Q. And according to -- and just so that I'm
22clear, there are timestamps that are provided along
23with those calls, correct?
24A. Yes, it is an automated time stamping
Page 141
1system, yes.
2Q. And at approximately 7:21 p.m.,
3according to that, Mr. Nena first contacts 911; is
4that correct?
5A. I believe so.
6Q. And it was approximately 7:34 p.m. when
7Meredith Riccio contacts 911 regarding shots being
8fired; is that correct?
9A. I have no reason to dispute that.
10Q. And so is it fair to say that between
11approximately 10 to maybe 11 to 13 minutes from the
12time Mr. Nena first called 911 -- excuse me, it was
13approximately 10 to £3 minutes from the time
14Mr. Nena initially called 911 at 7:21 to report the
15screaming to the time that the shots were fired and
16that call came in at 7:34?
17MR. WANGLER: Counsel, show him the inquiries.
18You can't expect him to know that off the top of
19his head.
20MS. WHITE: Give me a second and I can pull
21that up. I'll pull that up and then I'll come back
22in and get that for you.
23BY MS. WHITE:
24Q. But you had testified earlier that you
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1thought that it was about a half an hour; is that
2correct?
3MR. VAIDYA: Objection, misstates prior
4testimony.
5MS. WENGER: Join.
6MR. WANGLER: Join.
7BY THE WITNESS:
8A. This whole incident was less than half
9an hour.
10MS. WHITE: Okay.
11BY MS. WHITE:
12Q. How many homicides would you say you
13have investigated during the course of your career,
14Detective?
15A. Any part of somewhere between 50 and
16150.
17Q. Okay. If I could just have a minute
18I'll pull that up to show you.
19So Detective Dowling, you mentioned
20earlier that you were aware of some potential
21inconsistencies between the prior statements of
22Mr. Nena, Mr. Clement, the Bishopps, Mr. Smith and
23the any civil depositions that were taken in this
24case, correct?
Page 143
1MR. VAIDYA: Objection, form.
2MS. WENGER: Join.
3MS. TRIBBIA: Join.
4MR. KING: Join.
5MS. WENGER: Also misstates testimony.
6MR. WANGLER: Join.
7BY THE WITNESS:
8A. I didn't even know they provided
9testimony, so I have no knowledge of anything.
10BY MS. WHITE:
11Q. And obviously the State's Attorney's
12Office is not aware of that either, correct?
13MR. WANGLER: Objection, lack of foundation.
14How would he know?
15MR. VAIDYA: Objection.
16BY MS. WHITE:
17Q. To your knowledge, is the State's
18Attorney's Office aware of that?
19A. Thaven't talked to the State's
20Attorney's Office about this case since it was
21rejected.
22MR. VAIDYA: Objection, form.
23MS. WENGER: Join.
24 
Page 144
1BY MS. WHITE:
2Q. When you observed Mr. Smith walking from
3the elevator back to the lobby after the shooting
4occurred, did you observe any of his clothing to be
5out of place?
6MS. WENGER: Objection, form.
7MR. VAIDYA: Join.
8BY THE WITNESS:
9A. I don't recall.
10BY MS. WHITE:
11Q. Do you recall him appearing disheveled
12in any way?
13A. I recall him placing his back against
14the lobby wall and sliding down to his butt.
15MS. WHITE: If I can have just a second.
16Thank you.
17MS. WENGER: Do you want someone else?
18MS. WHITE: Yeah, someone else and then I
19might just have couple more.
20MS. WENGER: Who is next up?
21MS. WHITE: Oh, you know what, I have a couple
22of -- I'm sorry. I'll just make sure and then I'll
23wrap it up.
24 
Page 145
1BY MS. WHITE:
2Q. So during the course of your interviews,
3Mr. Nena, for example, was aware that Garrett Smith
4had a weapon on him, is that fair to say?
5A. That is correct.
6MS. WENGER: Objection as to form.
7MR. VAIDYA: Objection as to form.
8BY MS. WHITE:
9Q. And he took Mr. Smith along with
10Mr. Bishopp and Mr. Clement, Mrs. Bishopp and -- up
11to the 48th floor; is that correct?
12MR. VAIDYA: Objection as to the form.
13MS. WENGER: Join.
14MR. WANGLER: Join.
15BY THE WITNESS:
16A. He never said he took them. They went
17on their own.
18BY MS. WHITE:
19Q. They all went togcther, is that fair to
20say?
21A. That's correct.
22Q. And knowing that Mr. Smith was armed
23with a gun: is that correct?
24MR. WANGLER: Object to foundation.
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1MR. VAIDYA: Objection.
2MS. WENGER: Objection.
3MR. NEGA: Join.
4BY THE WITNESS:
5A. That's correct.
6BY MS. WHITE:
7Q. At the time that they were in the lobby
8prior to going upstairs, based on your review of
9the body -- of the video, as well as your
10investigation in this case, were they facing any
11type -- they were in a place of safety, is that
12fair to say?
13MS. WENGER: Objection.
14MR. WANGLER: Objection as to form.
15MR. VAIDYA: Objection.
16MS. WENGER: Calls for speculation.
17MR. NEGA: Join.
18BY THE WITNESS:
19A. There was no threat in that lobby at
20that time.
21BY MS. WHITE:
22Q. And based on the information at that
23time, there was -- Mr. Joseph was up on the 48t
24floor, is that what you learned during the course
Page 147
1of your investigation?
2MR. VAIDYA: Objection as to form.
3MS. WENGER: Join.
4BY THE WITNESS:
5A. That's correct.
6BY MS. WHITE:
7Q. And they -- the group, went upstairs to
8where Mr. Joseph was; is that correct?
9A. They went to the 48th floor, yes, where
10Abnerd Joseph was located.
11Q. And based on your training and
12experience, are you allowed to go from a place of
13safety to a place of potential danger and then
14claim self defense?
15MR. VAIDYA: Objection.
16MS. WENGER: Objection, form, calls for a
17legal conclusion, calls for speculation.
18MR. WANGLER: Join.
19MR. KING: I join as well.
20BY THE WITNESS:
21A. My investigation revealed there is
22nothing criminal with moving around your building.
23BY MS. WHITE:
24Q. Are you allowed to go confront somebody
Page 148
1with a weapon?
2MR. WEISS: Objection.
3MS. WENGLER: Objection.
4MR. WANGLER: Objection, join.
5MR. VAIDYA: Join.
6BY THE WITNESS:
7A. I mean you're free to confront anybody
8you want to from a criminal standpoint.
9BY MS. WHITE:
10Q. Well, I guess my question, just to be
11clear, Detective, is if you are claiming self
12defense, for example, like Mr. Smith is, are you
13allowed to go from a place of safety to a place of
14danger and then claim self defense?
15MR. VAIDYA: Objection.
16MR. WANGLER: Objection, asked and answered
17form, calls for speculation. Go ahead.
18MR. VAIDYA: Calls for a legal conclusion.
19MS. WENGER: And incomplete hypothetical as
20well.
21MR. WEISS: Join.
22MR. NEGA: Join as well.
23MS. TRIBBIA: Join.
24MR. KING: Join.
Page 149
1BY THE WITNESS:
2A. There are some situations where an
3individuals could put them self in a position where
4they do claim self defense and it wouldn't be
5valid.
6BY MS. WHITE:
7Q. And one of those times was if, for
8example, they created a dangcrous situation, is
9that fair to say?
10A. Yes.
11Q. That they didn't deescalate when that
12was appropriate?
13MR. VAIDYA: Objection.
14MS. WENGER: Form.
15MS. TRIBBIA: Objection, misstates the
16standard.
17MR. VAIDYA: Join.
18BY THE WITNESS:
19A. Deescalation can be a criteria at some
20point but sometimes there is a time for
21deescalation.
22BY MS. WHITE:
23Q. But in this case, Mr. Smith,
24Mr. Clement, Mr. Nena, and the Bishopps were all
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1downstairs and then they went upstairs to the
248th floor, correct?
3A. Correct.
4. And based on your investigation, when
5they observed Mr. Joseph on the 48th floor, they
6didn't retreat, correct?
7MS. WENGER: Objection.
8MS. TRIBBIA: Objection, misstates the
9testimony. He's already testified that
10Mrs. Bishopp was not there.
11MR. VAIDYA: Join.
12MS. WENGER: Mischaracterizes testimony.
13MR. NEGA: Join.
14BY THE WITNESS:
15A. Atdifferent points after the shooting,
16Andy Clement crawled away and Garrett Smith back
17pedaled while firing.
18BY MS. WHITE:
19Q. But I guess my question to you is, when
20they arrived upstairs, you -- Mr. Smith's testimony
21and some of the other witnesses -- and for the
22record I'm not referring to Mrs. Bishopp because I
23believe her testimony is that she was in the other
24direction -- but after Mr. Nena was allegedly
Page 151
1struck by Abnerd Joseph, they could have retreated,
2correct?
3MS. WENGER: Objection, calls for speculation.
4MR. WANGLER: Objection.
5MR. VAIDYA: Objection, misstates the
6testimony.
7MR. NEGA: Join.
8BY THE WITNESS:
9A. Mr. Nena satd he was struck two or three
10times in the face which caused him to fall back in
11the wall and strike his elbow and he begin to fall
12to the ground.
13BY MS. WHITE:
14Q. You originally learned during the course
15of your investigation that the Bishopps were
16worried about their door being unlocked, correct?
17A. Correct.
18Q. Mr. Bishopp never told you that he went
19to go check whether or not the door was locked,
20correct?
21A. That's correct.
22Q. Mr. Clement never told you that he went
23to check whether or not Mrs. and Mrs. Clement's
24door was locked, right?
Page 152
1MS. WENGER: Mr. and Mrs. Bishopp.
2MS. WHITE: I'm sorry, Mr. and Mrs. Bishopp.
3Excuse me.
4BY THE WITNESS:
5A. That's correct.
6BY MS. WHITE:
7Q. Garrett never went to check with the
8Bishopps to see whether or not their door was
9locked, correct?
10A. Correct.
11Q. And Mr. Nena never went with the
12Bishopps to see if there door was locked, correct?
13MR. VAIDYA: Objection, form.
14BY THE WITNESS:
15A. Correct.
16MR. VAIDYA: Misstates --
17BY THE WITNESS:
18A. Sorry. Correct.
19BY MS. WHITE:
20Q. During -- and based on injure
21investigation, you went up to the 48th floor, ts
22that right?
23A. Yes.
24Q. And Mr. and Mrs. Bishopps' condo is --
Page 153
1and correct me if I'm wrong -- and I believe it's
2to the left when you walk out the elevator; is that
3correct?
4MS. WENGER: Objection, form. It depends on
5which clevator you are in.
6BY MS. WHITE:
7Q. Well, let me ask it this way.
8Mr. Joseph was not in front of the
9Brshopps' door when they arrived to -- you heard
10nothing during the course of all of your interviews
11that he was near the Bishopps' door when they got
12to the 48th floor; is that correct?
13A. When Mrs. Bishopp exited the elevator
14bank, she went eastbound towards her unit. Abnerd
15Joseph was westbound by Shirley Meng's door.
16Q. And based on the information you learned
17during the course of your investigation,
18Mr. Bishopp went in the direction of Mr. Joseph; is
19that correct?
20A. Correct, westbound.
21Q. Mr. Nena went in the direction of
22Mr. Joseph, correct?
23A. Correct.
24Q. Mr. Clement went in the direction of
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1Mr. Joseph, correct?
2A. Yes.
3Q. And Mr. Smith also went in the direction
4of Mr. Joseph?
5A. That's correct.
6Q. Noone relayed to you that they
7contacted 911 again while they were on the 48th
8floor, correct?
9A. That is correct.
10Q. There is an elevator on the 48th floor
11is that right?
12A. There is several.
13Q. And there is also stairs between the
14floors there; is that correct?
15A. Yes.
16Q. So is it fair to say that they -- they
17could have gone back down the elevator that they
18came up?
19MS. WENGER: Objection, calls for speculation.
20MR. WANGLER: Objection.
21MR. VAIDYA: Join.
22BY THE WITNESS:
23A. Depending on what point of the
24interaction, yes.
Page 155
1BY MS. WHITE:
2Q. And depending where they were, they also
3could have used the stairways to go in between the
4floors to get away from Mr. Joseph, is that
5correct?
6MS. WENGER: Objection, calls for speculation.
7BY THE WITNESS:
8A. I know there is a stairwell on the west
9side. I don't know if there is a stairwell on the
10east side.
11BY MS. WHITE:
12Q. When you reviewed -- did you review the
13body worn camera of Mr. Nena’s initial interview on
14scene?
15A. Yes, I did.
16Q. And in that interview, he told the
17responding officers that he got the four guys,
18including the guy with the gun, to go to the 48th
19floor; is that correct?
20A. I don't recall the verbiage.
21Q. When he first spoke to the police, he
22was aware that Mr. Smith had a gun, correct?
23A. Yes.
24Q. He was the employee of the building at
Page 156
1that time, correct?
2A. That's correct.
3Q. He was the front desk personnel,
4correct?
5A. They referred to it as doorman, but yes.
6Q. And Mr. Smith, Mr. Clement and the
7Bishopps were residents; is that correct?
8A. Correct.
9Q. Did the State's Attorneys office know
10that Mr. Nena knew that Mr. Clement -- that
11Mr. Smith had a gun prior to going upstairs with
12the rest of the individuals to the 48th floor?
13A. It was presented to them, so, yes, they
14would know.
15Q. Are armed -- is it legal to act as armed
16vigilantes to take matters into your own hands?
17MR. VAIDYA: Objection.
18MS. WENGER: Objection, calls for a legal
19conclusion, form.
20MR. VAIDYA: Join.
21MS. TRIBBIA: Join.
22MR. WEISS: Join.
23MS. TRIBBIA: Join.
24MR. NEGA: Join.
Page 157
1BY THE WITNESS:
2A. What do you mean by vigilante?
3BY MS. WHITE:
4Q. Cana group act as a posse to go
5confront someone when somebody else is armed?
6MR. VAIDYA: Objection to form.
7MS. WENGER: Objection.
8MR. NEGA: Objection.
9MS. WENGER: Join.
10MR. KING: Join.
11BY THE WITNESS:
12A. I think it's dependent, and,
13hypothetically speaking, it's very broad.
14BY MS. WHITE:
15Q. Cana group go from a place of safety
16with a gun to confront somebody when the police
17have not arrived?
18MR. VAIDYA: Objection.
19MR. WANGLER: Asked and answered.
20MR. NEGA: Join.
21MS. WENGER: Incomplete hypothetical, calls
22for speculation.
23BY THE WITNESS:
24A. I mean, if there is a situation my first
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1thought is a school shooting. If there is somebody
2shooting a school, I would want somebody to
3intercede in a school shooting, so that would be a
4case where somebody is armed in an encounter. So
5it's very broad.
6BY MS. WHITE:
7Q. This isn't a school shooting. This
8wasn't a school shooting, correct?
9A. Correct.
10Q. The information that -- based on your
11investigation, the information at the time was that
12Mr. Joseph was pounding on doors, correct?
13A. Yes.
14Q. And that he was yelling?
15A. Yes.
16Q. There was no information based on your
17investigation that he was -- no one called in
18saying there was somebody who was armed in the
19building, right?
20A. That is correct.
21Q. There was no call that anybody had been
22physically assaulted?
23A. Correct.
24MS. WENGER: Objection, misstates testimony.
Page 159
1MR. VAIDYA: Join.
2BY MS. WHITE:
3Q. Prior to them going upstairs to the 48th
4floor?
5A. Prior, yes.
6Q. There was no -- there was no information
7that there was a criminal -- even a criminal damage
8to property on site prior to them going up to the
948th floor; is that correct?
10MS. WENGER: Objection.
11MR. VAIDYA: Objection, form.
12BY THE WITNESS:
13A. That is correct.
14BY MS. WHITE:
15Q. So the only information, based on your
16investigation that was available prior to them
17going up to the 48th floor, was the -- so Mr. Nena
18had called 911, correct?
19A. Yes.
20Q. Mr. Smith had called 911?
21A. Yes,
22Q. And it was -- and 911 did not come
23immediately, is that fair?
24MR. WANGLER: Objection, form.
Page 160
1MS. WENGER: Join.
2BY THE WITNESS:
3A. Do you mean the police response?
4MS. WHITE: Yes.
5BY MS. WHITE:
6Q. I'm sorry, the police did not. There
7was not a police response at that point, correct?
8A. At what point?
9Q. At the time they went up to the 48th
10floor?
11A. Oh, that is correct.
12Q. But the police had been called, correct?
13A. Correct.
14Q. More than one individual called 911,
15correct?
16A. Several callers, yes.
17Q. And they could have waited downstairs
18for the police to arrive; is that correct?
19A. That is correct.
20MS. WENGER: Objection, calls for speculation.
21MR. VAIDYA: Join.
22BY MS. WHITE:
23Q. Mr. Nena chose not to wait for the
24police, correct?
Page 161
1A. Correct.
2Q. Mr. Smith chose not to wait for the
3police, correct?
4A. Correct.
5. Mrs. Bishopp chose not to wait for the
6police?
7MS. TRIBBIA: Objection, mischaracterizes
8Mrs. Bishopp’s knowledge and actions.
9MR. VAIDYA: I'm going to object to the form
10of all of those questions.
11MS. WENGER: Join.
12BY THE WITNESS:
13A. Correct.
14BY MS. WHITE:
15Q. Mr. Bishopp did not wait for the police
16prior to going up to the 48th floor, is that right?
17MR. VAIDYA: Renew objection.
18MS. TRIBBIA: Objection.
19MR. NEGA: Join.
20MS. WENGER: Join.
21BY THE WITNESS:
22A. Correct.
23BY MS. WHITE:
24Q. Mr. Smith did not wait for the police to
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1arrive before going to the 48th floor, correct?
2MR. VAIDYA: Renew my objection.
3MS. WENGER: Join.
4BY THE WITNESS:
5A. Correct.
6BY MS. WHITE:
7Q. When they were in the lobby prior to
8going up to the 48th floor, Mr. Nena was not in
9harms way, is that right?
10MR. VAIDYA: Objection, form.
11MS. WENGER: Join.
12MR. DERATANY: What's the objection? Do yo
13have a basis?
14MS. WENGER: He said fonn.
15BY MS. WHITE:
16Q. Let me ask it a different way.
17Mr. Nena was not facing any type of
18physical threat at the time; is that correct?
19MR. VAIDYA: Objection, form.
20BY THE WITNESS:
21A. Not that he made me aware of, no.
22BY MS. WHITE:
23Q. You watched -- you observed the video,
24correct?
Page 163
1A. Correct.
2Q. Based on what you could see in the
3video, was there any threat to Mr. Nena at the time
4prior to them going up to the 48th floor?
5A. No, there wasn't.
6Q. Was there a threat to Mr. Smith prior to
7him going up to the 48th floor?
8MS. WENGER: Objection, form.
9BY THE WITNESS:
10A. No.
11MR. VAIDYA: Join.
12BY MS. WHITE:
13Q. Was there a threat to Mrs. Bishopp prior
14to her going up to the 48th floor from the lobby?
15A. No.
16Q. Did Mr. Bishopp face any threat in the
17lobby before he went up to the 48th floor?
18A. No.
19Q. Did Mr, Clement face any threat while he
20was in the lobby before he went up to the 48th
21floor?
22MR. VAIDYA: Objection as to the form of all
23of these questions. I renew my prior objection.
24 
Page 164
1BY THE WITNESS:
2A. No.
3MS. WHITE: That's all I have.
4MR. KING: Can we take five minutes?
5THE VIDEOGRAPHER: This marks the end of media
6No. 2. The time is 2:03 p.m. We are off the
7record.
8(WHEREUPON, a break was taken.)
9THE VIDEOGRAPHER: This marks the beginning of
10media No. 3. The time is 2:12 p.m. We are on the
11record.
12EXAMINATION
13BY MS. TRIBBIA:
14Q. All right. Detective Dowling, my name
15is Chris Tribbia. I represent Mr. and Mrs. Bishop
16in this case. I'm going to jump around a little
17bit because I think during the past three and a
18half hours we've covered quite a bit, so I'm just
19going to try and pick up on a couple things here
20and tere.
21The first thing I was going to go back
22to was when you were at the scene at any point did
23you ever go into Mr. Joseph's apartment into his
24unit?
Page 165
1A. Myself, no.
2Q. Okay. Did anybody, to your knowledge,
3any of your detectives or responding officers did
4anybody ever go in there?
5A. My Sergeant Kolman, K-o-l-m-a-n, Star
6No. 2000 and our Lieutenant Lamparis went in there
7and did a visual sweep to make sure that nobody was
8harmed or needed help.
9Q. To your knowledge, did they do any sort
10of inspection or cataloging of medication or drugs
11or alcohol that were visible?
12A. No. It was just a visual sweep to see
13if anybody needed medical aid.
14Q. Understood. Is another part of your
15investigation in this type of situation to
16determine whether the person -- what was testimony
17that the person was behaving a certain way whether
18there is any evidence of drugs, alcohol or any type
19of drugs or alcohol in the person's unit?
20A. It can be in some investigations, yes.
21Q. And that was not something that was
22investigated here, right?
23A. Correct.
24Q. Okay. When Mr. Charles, Mr. Joseph's
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Page 166
1brother, advised that he had -- I think you said he
2advised that he had an Adderall prescription; is
3that correct?
4A. Yes.
5Q. Do you have any idea whatever happened
6to that Adderall prescription itself?
7A. I don't know.
8Q. Okay. So you have no knowledge and it
9was not part of the investigation as to how many
10pills of Adderall Mr. Joseph may have consumed at
11that point, correct?
12A. Correct.
13Q. And Mr. Charles never offered that
14information to you. He never gave you the pills as
15evidence or anything like that, did he?
16A. He did not.
17Q. Do you know if Mr. Charles took those
18pills with him?
19MS. WHITE: Objection, calls for speculation.
20MR. DERATANY: Objection, requires
21speculation.
22MS. WHITE: Join.
23MS. TRIBBIA: I asked.
24 
Page 167
1BY THE WITNESS:
2A. I don't even know if the pills exist.
3MS. TRIBBIA: Okay. Thank you.
4BY MS. TRIBBIA:
5Q. In terms of you were asked a series of
6questions by counsel at the end just now which drew
7a bunch of objections but what I would like to ask
8you about is did you -- there were a lot of
9questions about everybody going up to the 48th
10floor again.
11Is it not possible that Mr. Joseph could
12have left the 48th floor by the time people went
13back up there?
14A. Yes.
15Q. At the time at that Mr. and Mrs. Bishopp
16first encountered Mr. Joseph, that was just, as I
17understand it, it was just off the elevator,
18correct?
19A. They were boarding the elevator as
20Abnerd Joseph was exiting.
21Q. So they did not witness any -- to your
22knowledge, they did not witness anything that
23happened on the 29th floor, correct?
24A. Correct.
Page 168
1Q. And they didn't witness whatever was
2happening on the 48th floor after they boarded the
3elevator, correct?
4A. Correct.
5Q. At any point did Mrs. Bishopp ever make
6astatement to you that she thought that going back
7up to the 48th floor was a dangerous place to go?
8A. No, she didn't.
9Q. At any point did Mr. Bishopp ever state
10to you that going to the 48th floor was a dangerous
11place to go?
12A. He did not.
13Q. And they, in fact, owned a unit on the
1448th floor, correct?
15A. Yes.
16Q. And I believe you mentioned this but I
17just want to make clear, there is nothing illegal
18or criminal about Mr. and Mrs. Bishopp returning to
19the floor in which they lived, the 48th floor,
20correct?
21A. Correct.
22Q. Do you have any idea how long that
23entire interaction with Mr. Joseph, how long that
24interaction lasted?
Page 169
1A. Several seconds.
2Q. Okay. So when counsel was asking you
3about all of the different things that could
4possibly -- people can possibly can use, that's all
5just speculative, correct? You have no idea how
6long anybody could have done anything in that
7period of time?
8A. Correct, every case is different.
9MR. DERATANY: Objection.
10BY MS. TRIBBIA:
11Q. And you would agree that at least as to
12Mr. Bishop, you would agree that he had told you
13that he had fallen to the floor, correct?
14A. That is correct.
15Q. Okay. Would you understand that to be
16the behavior of somebody who was scared of what was
17happening?
18A. That was a result of Mr. Nena and
19Mr. Clement falling backwards.
20Q. Okay. And that was after Mr. Joseph had
21assaulted them, correct?
22A. Correct.
23Q. You don't know -- aside from what you
24have in your notes and what you have written in
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1your report, you don't have any knowledge as to
2what Mr. and Mrs. Bishop were thinking when they
3went up to the 48th floor, correct?
4A. Correct.
5MR. DERATANY: What they were thinking?
6Objection, requires speculation as to what they
7were thinking.
8MS. TRIBBIA: Okay. Those are all of the
9questions I have. Thank you.
10EXAMINATION
11BY MR. WEISS:
12Q. Good afternoon, Detective. Michael
13Weiss. I represent Sudler, Deborah Romero and
14Dominic Tedaldi.
15Based on your prior testimony and my
16review of the reports that were provided so far,
17it's my understanding you during your investigation
18you only spoke with Ms. Romero one occasion; is
19that correct?
20A. She actually called our detective
21division, I believe, the next day after the
22shooting.
23Q. Okay. Do you recall what she called --
24the reason for her calling?
Page 171
1A. There was a disturbance in their lobby
2there at 60 East Monroe, so I advised her to call
3911.
4Q. The Abnerd Joseph disturbance or this
5was afterwards?
6A. Afterwards.
7Q. Okay. So separate events?
8A. Yes.
9Q. Okay. Thank you. Did you ever
10investigate Ms. Romero for involuntary
11manslaughter?
12A. No.
13Q. Did you ever investigate her for
14reckless homicide?
15A. No.
16Q. Didyou investigate her for negligent
17homicide?
18A. No.
19Q. During the course of -- excuse me.
20Strike that.
21During the course of your investigation,
22did you ever speak with Dominic Tedaldi?
23A. He was around me in conversations.
24Directly spoken to him, I don't believe so. I ma
Page 172
1have said some maybe situational questions like
2where could we interview a witness, things like
3that, nothing substantive of this -- this incident.
4Q. Same with Ms. Romero. Would it be safe
5to assume that you never investigated Mr. Tedaldi
6for involuntary manslaughter?
7A. No.
8Q. You never investigated Mr. Tedaldi for
9reckless homicide?
10A. No.
11Q. You never investigated Mr. Tedaldi for
12negligent homicide?
13A. No.
14Q. It's my understanding -- and please
15correct me if I'm wrong -- in Illinois a
16corporation can be held liable under a theory of --
17or for involuntary manslaughter or reckless
18homicide if their acts or omissions contributed to
19death of an individual; is that correct?
20A. In specific cases like a trucking
21company, stuff like that, but nothing that pertains
22to my case was -- was a corporation involved.
23Q. Okay. So just to clear it up, Sudler
24was never under investigation for involuntary
Page 173
1manslaughter or reckless homicide of Mr. J oseph?
2A. No.
3MR. WEISS: That's all I have. Thank you.
4EXAMINATION
5BY MR. NEGA:
6. Hi, Detective. My name is Michael Nega.
7Lrepresent Andy Clement in this case. Thank you
8for being here today.
9Can you hear me? Sometimes my
10headphones aren't catching my voice.
11A. I can hear you.
12Q. Did Mr. Clement ever tell you he felt
13going up to the 48th floor was dangerous prior to
14him actually going to the 48th floor?
15A. No.
16Q. And from your experience and everything
17you know, there is nothing criminal about Andrew
18Clement, as a resident of the building, going up to
19the 48th floor prior to the shooting, correct?
20A. Correct.
21Q. And have you -- and you saw no evidence
22that warranted charging Andrew Clement with any
23crime, correct?
24A. Correct.
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1Q. Detective, do you remember your
2testimony regarding witnesses telling you Andrew
3Clement was punched by Abnerd Joseph prior to the
4shooting?
5A. Yes.
6Q. Who reported to you that Andrew Clement
7was struck by Mr. Joseph?
8A. Mr. Smith, Mr. Nena and Mr. Bishopp.
9Q. Did anyone report to you that Andy
10Clement was the aggressor in this situation?
11A. No.
12Q. Detective, do you remember your
13testimony regarding Bernard Schott and him stating
14something of the sort that he heard skin hitting
15muscle just prior to gunshots?
16A. I don't remember skin hitting muscle but
17something to the effect of a punch hitting skin or
18muscle.
19Q. I may have misstated it. My apologies,
20Detective.
21Did you ever record this in any written
22report?
23A. I don't recall.
24Q. Okay. I don't know if this was shared
Page 175
1as an exhibit but it's your case supplemental
2report from July 23, 2023. If it was, I'll mark it
3as that exhibit. If it's not, I can mark it as a
4new one.
5MS. WENGER: I think that’s a new one.
6MS. WHITE: July 2025 he is showing.
7MR. NEGA: July 2025.
8MS. WHITE: That's Exhibit 1.
9MR. NEGA: Okay. So this has been already
10been marked as Exhibit |.
11BY MR. NEGA:
12Q. Detective, is this your case
13supplemental report?
14A. It is.
15Q. Okay. I'm going to scroll down to
16page 22 of 24, Detective. Can you see my screen?
17A. I can.
18Q. What I have highlighted?
19A. Your right edge is cut off a little bit.
20Q. The last paragraph of page 22 of 24?
21A. Yes.
22+ Q. And is this an interview that you
23attended with the ASA in August of 2024 with
24Bernard Schott and I forgot the first name of the
Page 176
1person Riccio?
2A. It would be Meredith Riccio or Riccio,
3yes.
4Q. And this is an interview you attended
5with the ASA?
6A. Correct.
7Q. Okay. And here you indicate it's the
8one, two, three, four, five -- the fifth line down,
9Schott recalled hearing what he describes as,
10quote, a punch striking a meaty surface before he
11heard shots being fired, period.
12A. Yes.
13Q. Do you remember hearing Schott saying
14this to you?
15A. I do.
16Q. And is that why you wrote this down in
17this report?
18A. Correct.
19Q. Okay. I'm going to stop sharing my
20screen.
21What did you take this to mean?
22A. I took that to mean the punch that
23struck Andy Clement.
24Q. Okay. So in your opinion, did this
Page 177
1corroborate the statements you received from
2witnesses including -- or indicating Abnerd Joseph
3punched Andy Clement prior to the shooting?
4A. Yes.
5MR. DERATANY: I'll note an objection,
6213.
7MR. NEGA: You can answer, Detective.
8BY THE WITNESS:
9A. Yes.
10MR. NEGA: That's all I have for you. Thank
11you.
12MR. KING: Am I up?
13MS. WENGER: Yep.
14EXAMINATION
15BY MR. KING:
16Q. Detective, I'm Mike King and I represent
17Garrett Smith.
18So when you first arrived on the scene,
19was it your understanding that Garrett Smith was
20pretty shaken?
21A. I had a brief interaction with Garrett
22Smith at the transport vehicle. I wouldn't
23characterize him at that but it was very brief. I
24didn't do a big evaluation of him.
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1Q. But you saw the videotape of him
2collapsing on the floor in the lobby?
3A. Yes.
4Q. During the time that you were making
5your initial investigation, did Mr. Smith cooperate
6with you and other police officers about what had
7happened?
8A. Yes, he did,
9Q. Is it your understanding that Mr. Smith
10actually called 911 initially and then called 911 a
11second time after the shooting?
12A. That is correct.
13MR. DERATANY: Objection, foundation.
14MR. KING: You can answer the question.
15BY THE WITNESS:
16A. That is correct.
17BY MR. KING:
18Q. Okay. With respect to calls to 911, is
19there a priority in responding to those calls or
20how they're handled?
21A. Yes. When the Office of Emergency
22Management gets a call, it's prioritized 1 through
234.
24Q. And what are those categories?
Page 179
1A. It's a ranking system for police
2response. So | might be a domestic, person with a
3gun. 4 might be a traffic accident or a downed
4pole.
5Q. So if the initial call that came into
6911 suggested there was a disturbance in the
7hallway, where would that rank in terms of a police
8response?
9A. A disturbance in a hallway would be --
10MR. DERATANY: Objection, incomplete
11hypothetical.
12BY THE WITNESS:
13A. It could be a 3 or a 4.
14BY MR. KING:
15Q. All right. And what would be the
16response to -- what would be the ranking with shots
17fired or somebody shot?
18A. That would be a Priority 1 call.
19Q. Okay. So with respect to the response
20toa priority 3 call, what would, if you know, what
21would be a typical police response?
22MS. WHITE: Objection, form of the question,
23vague.
24MR. DERATANY: Join.
Page 180
1BY THE WITNESS:
2A. Generally speaking, they would respond
3to the scene and perform a preliminary
4investigation.
5BY MR. KING:
6Q. Would that be an emergency sirens
7blaring, Mars lights flashing and racing down the
8street?
9MS. WHITE: Objection, calls for speculation.
10BY THE WITNESS:
11A. Not necessarily.
12MR. DERATANY: Join.
13BY MR. KING:
14Q. So you mentioned -- just to jump around
15a little bit. You mentioned that your lieutenant
16and another officer went into the apartment of
17Mr. Joseph to see if anybody was there and needed
18medical treatment or was injured. Do you recall
19that testimony?
20A. Yes, sir.
21Q. All right. And would the same concems
22be appropriate for Mr. Nena who was the building
23employee and was working the front desk to find out
24whether there were any residents were injured and
Page 181
1needed medical assistance on the 48th floor or the
229th floor or anyplace else?
3MS. WHITE: Objection, form.
4MR. DERATANY: Objection, form, foundation,
5requires speculation on his part.
6MS. WHITE: Join.
7MR. KING: You can answer that question.
8BY THE WITNESS:
9A. I don't know what his job entails.
10BY MR. KING:
11Q. So when police -- when the first police
12officers arrived at the scene of the incident,
13what's the first thing that they do when they're
14greeted at the door?
15A. They secure the scene.
16Q. And do they also ask what's going on a
17situational report?
18A. Absolutely.
19Q. So if you know, did the first responding
20officers who arrived at the 60 East Monroe
21building, inquire what was going on and where it
22was located within the building?
23MR. DERATANY: Objection, foundation, requires
24speculation,
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1BY THE WITNESS:
2A. Is there a specific officer?
3BY MR. KING:
4Q. No. I'm just asking when the first
5officers walked in, did they inquire and would they
6have inquired of Mr. Nena and others what was going
7onand, you know, where the disturbance was located
8so they would know how to respond and where?
9A. That would be a question first
10responding officers would ask, sure.
11Q. And is it your understanding that the
12only way Mr. Nena could have answered those
13questions was by going up to find out what the
14situation was whether somebody needed help, a
15medical emergency or whatever?
16MS. WHITE: Objection, calls for speculation,
17form of the question.
18MR. DERATANY: Join.
19BY THE WITNESS:
20A. Each situation is different and what
21each individual does is different.
22BY MR. KING:
23Q. Now you were responsible for this
24investigation; is that correct, sir?
Page 183
1A. Yes, sir.
2Q. And in a situation where somebody has
3been killed, is it important to you that the
4investigation be thorough and complete?
5A. Yes.
6Q. As part of that, did you interview every
7known witness to the shooting?
8A. Direct witness, yes.
9Q. Okay. And as part of your investigation
10you or other police officers interviewed everybody
11who you knew or reasonably knew anything about th
12circumstances of what had occurred?
13A. No, that's not true.
14Q. Who was not interviewed that you think
15might have had information that would have been
16relevant to your investigation?
17A. I don't believe it was relative to the
18investigation but Kacey was not interviewed by
19myself.
20Q. But he didn't have any, as far as you
21know, didn't have any direct knowledge. He wasn't
22in the building. He wasn't on the premises. He
23wasn't there for the shooting?
24A. Correct.
Page 184
1Q. And is there anybody else other than
2case see who was not interviewed that you thought
3might have any relevant information?
4A. No,I would have interviewed them.
5Q. So during the investigation, did you
6have an understanding of what the physical distance
7was between Mr. Nena and Mr. Clement, Mr. Smith and
8Mr. Bishopp at the time they got off the elevator
9and moved to the corridor where Mr. Joseph was?
10A. I had a general understanding. It
11wasn't an exact science, but, yes, I had a general
12understanding.
13Q. And were they, in your opinion and to
14the best of your knowledge, bunched together within
15a very short distance of each other?
16MS. WHITE: Objection.
17MR. DERATANY: Objection, form, foundation
18inquires speculation.
19MS. WHITE: Join.
20BY THE WITNESS:
21A. They were more in a line as they
22approached the west side of the hallway.
23BY MR. KING:
24Q. Do you have any sense of how much
Page 185
1distance there was between each of them in the
2line?
3A. It varied.
4Q. What's your best estimate of the
5distance between the first person in the line and
6the last person in the line?
7A. Close enough when Mr. Nena fell
8backwards, he fell towards Mr. Clement.
9Q. So is it your understanding that the
10first person who Mr. Joseph assaulted was Mr. Nena?
11A. Yes.
12MR. DERATANY: Objection, form, foundation.
13BY THE WITNESS:
14A. Yes.
15BY MR. KING:
16Q. And the second was Mr. Clement, is that
17right?
18MR. DERATANY: Objection as to form, assault.
19MS. WHITE: Join.
20BY THE WITNESS:
21A. Correct.
22BY MR. KING:
23Q. And what time difference do you think
24there was between the time that Mr. Nena was hit
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1and the time that Mr. Clement was hit?
2A. The witnesses related it was very fast.
3Q. Is that ten minutes, is that ten
4seconds, what's your best understanding?
5A. Within seconds.
6Q. And what was the distance, if you know,
7between Mr. Clement and Mr. Smith when Mr. Smith
8was a salted?
9MR. DERATANY: Objection, form.
10MS. WHITE: Join.
11BY THE WITNESS:
12A. They were in the same hallway but as to
13exact distance I wouldn't know.
14BY MR. KING:
15Q. All right. And do you have a sense of
16how much time elapsed between the time that
17Mr. Clement was hit and the time that Mr. Smith
18fired?
19A. Within seconds.
20MS. WHITE: Objection as to form of the
21question, foundation.
22MR. DERATANY: Join.
23BY THE WITNESS:
24A. Within seconds.
Page 187
1BY MR. KING:
2. Now with respect to the time that
3Mr. Smith fired, what's your understanding of the
4distance between Mr. Joseph and Mr. Smith when
5Mr. Smith fired?
6MS. WHITE: Objection as to the form of the
7question foundation.
8MR. DERATANY: Join.
9BY THE WITNESS:
10A. The distance would have been constantly
11changing because Abnerd Joseph was advancing
12forward toward Garrett Smith facing him and Garrett
13Smith was back pedalling towards the Riccio and the
14Schott's door.
15Q. So is it -- strike that.
16Wouid it be fair to say that the
17distance was no more than two or three or
18five feet?
19MS. WHITE: Objection, form.
20MR. DERATANY: Objection, requires
21speculation.
22MS. WHITE: Form, join.
23BY THE WITNESS:
24A. I can tell you it varied and it varied
Page 188
1to Abnerd Joseph falling on top of Garrett Smith.
2BY MR. KING:
3Q. So you said that there was blood on the
4wall. Do you recall that testimony?
5A. I do.
6Q. All right. And Mr. Smith -- Joseph was
7the only who was injured and pleading of the group
8that was there is that right?
9MS. WHITE: Objection, misstates his
10testimony.
11BY THE WITNESS:
12A. Garrett Smith received a Band-Aid to his
13finger from the Chicago Fire Department and had an
14abrasion to the top of his head, his knees and his
15back.
16BY MR. KING:
17Q. Is it your understanding that the blood
18on the wall came from Mr. Joseph falling or from
19the shots being hitting Mr. Joseph?
20MS. WHITE: Objection, form, calls for
21speculation, foundation.
22MR. DERATANY: Same.
23BY THE WITNESS:
24A. I wouldn't know when it came.
Page 189
1BY MR. KING:
2Q. From your investigation, do you havea
3sense, an opinion, based on your investigation of
4the distance between Mr. Smith and Mr. Joseph at
5the time Mr. Joseph was shot?
6MR. DERATANY: A sense? Objection, form.
7MS. WHITE: Foundation, join.
8BY THE WITNESS:
9A. I can tell you they're located in the
10same hallway. As to distance, I can't be exact
11with that.
12BY MR. KING:
13Q. Now, you were asked some questions about
14Mr. Joseph having some mental health issues and
15deescalation teams.
16Is it your understanding that the CIT
17teams do not work on a 24-hour shift?
18A. So I wouldn't say there was mental
19health issues. I would say he was in crisis. I'm
20not able to diagnose anything. But CIT officers
21are trained individually and then there is a CIT
22unit who has select hours but CIT officers can be
23anywhere throughout the city.
24Q. - Right. So with respect to the unit, was
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1it your understanding that that unit was actually
2not on duty at the time?
3MR. DERATANY: Objection, go ahead.
4BY THE WITNESS:
5A. I don't know, sir.
6BY MR. KING:
7Q. With respect to deescalation, you may
8recall you were asked a group of questions about
9deescalation and about things that might have
10explained either the intensity of Mr. Joseph
11behavior or the path of Mr. Joseph's behavior.
12Mr. Smith would have been confronted
13with the behavior, not the reasons for the behavior
14at the time that he was confronted, is that a fair
15statement?
16MR. DERATANY: Objection, form, requires
17speculation, foundation.
18MS. WHITE: Join.
19MR. KING: You can answer.
20BY THE WITNESS:
21A. Yes.
22BY MR. KING:
23Q. Now, are you aware that Mr. Brian --
24strike that.
Page 191
1Do you remember meeting with Delbert and
2Brian, two of Mr. Joseph's brothers, either the day
3after the shooting or two days after the shooting?
4A. Yes.
5Q. All right. Brian has testified that you
6said to him and Delbert that you apologized that
7the police had some responsibility for what had
8happened because they had not responded to the
9initial calls. Do you recall making such a
10statement?
11MR. DERATANY: Objection, mischaracterizes
12the testimony.
13MS. WHITE: Join.
14BY THE WITNESS:
15A. I did not make that statement.
16BY MR. KING:
17Q. Have you ever made such a statement in
18an investigation?
19A. No. In this investigation for that
20statement?
21Q. Yeah.
22A. No, I did not make that statement.
23Q. When you first took Mr. Smith into
24custody, is it the norma! part of an investigation
Page 192
1until you knew exactly what happened and what was
2going on that you would have secured somebody who
3might have been responsible?
4MS. WHITE: Objection as to form of the
5question, foundation, calls for speculation.
6MR. DERATANY: Join.
7BY THE WITNESS:
8A. Responsible for what?
9BY MR. KING:
10Q. That in a situation where you arrived on
11the scene and there had been a shooting -- or there
12had been an injury, you would have secured the
13appearance of somebody who might have been
14responsible for the shooting or the injury, as to
15what had happened?
16MS. WHITE: Same objection.
17MR. DERATANY: Join.
18BY THE WITNESS:
19A. Asa detective I respond after the fact,
20so I'm not a first responder. I respond after the
21fact.
22BY MR. KING:
23Q. So the first responders would have been
24responsible for basically securing -- somebody who
Page 193
1might have been responsible until a determination
2had been made that there either was or not a
3prosecutable case?
4MR. DERATANY: Form, objection. If you
5understand the question.
6BY THE WITNESS:
7A. Youcould potentially detain somebody on
8scene while you investigate, yes.
9BY MR. KING:
10Q. Okay. At any time did you tell any of
11Mr. Joseph's family not to provide you all of the
12information they had?
13MS. WHITE: Objection as to the form of the
14question, foundation.
15BY THE WITNESS:
16A. No.
17BY MR. KING:
18Q. In fact, you invited them to provide you
19with any information they had that might have been
20relevant, is that a fair statement?
21A. I provided them with my business card
22that had all of my information on there, yes.
23Q. And from time to time, did you talk to
24them about information they had or progress reports
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1or up to date information?
2A. Their information, they were out of
3state, so they didn’t have any information from the
4scene but they had background about Abnerd Joseph.
5Q. Did Delbert ever tell you that a white
6woman in her 30s had come into Mr. Joseph's
7apartment while they were cleaning it out and told
8Delbert that this was a racial shooting and never
9would have happened had she been there and it was
10always a mistake to confront somebody having a
11crisis of some sort. Did he ever tell you anything
12like that?
13A. No, sir.
14Q. Was Delbert the conduit on behalf of the
15family in terms of getting information from you or
16checking with you from time to time on the status
17and then he would be responsible of distributing
18that information to other members of the family?
19MR. DERATANY: Objection, form, foundation.
20MS. WHITE: Join.
21BY THE WITNESS:
22A. Jay Charles was my initial point of
23contact. I believe I spoke to Brian once alone on
24the phone and then Jason Freidl from Romanucci &
Page 195
1Blandin took over.
2BY MR. KING:
3Q. During the course of your investigation,
4did you find any evidence whatever that Mr. Smith
5set out to punish Mr. Joseph for spitting on his
6door?
7MR. DERATANY: Objection, requires
8speculation, improper 213 (f)(3) opinion, form,
9foundation.
10MS. WHITE: Join.
11BY THE WITNESS:
12A. I was not aware of any of that.
13BY MR. KING:
14Q. Did you during the course of your
15investigation find any information that suggested
16that Mr. Smith and the Bishopps and Mr. Clement and
17Mr, Nena were vigilantes going after Mr. Joseph?
18MR. DERATANY: Objection, form, foundation,
19improper 213 (f)(3).
20BY THE WITNESS:
21A. I'm not super -- I know what a vigilante
22is but I'm not -- anything to this case I've never
23heard that.
24 
Page 196
1BY MR. KING:
2Q. Did you find any information during the
3course of your investigation that the Bishopps,
4Mr. Smith, Mr. Clement, Mr. Nena were hunting
5Mr. Joseph for the purpose of injuring him?
6MR. DERATANY: Objection, improper form,
7foundation.
8MS. WHITE: Join.
9BY THE WITNESS:
10A. There is no evidence of that.
11BY MR. KING:
12Q. You testified that and your report shows
13that the Assistant District Attorney Jennifer
14McCarty had made the final decision about not to
15prosecute Mr. Smith. Do you recall that testimony?
16A. I don't mean to split hairs. She's an
17Assistant State's Attorney and she chose to reject
18the case, yes.
19Q. But we're talking about the same person?
20A. Yes.
21Q. Did at any time you try to go over her
22head to convince her superiors that she made a
23mistake and the case should be prosecuted?
24A. No, sir.
Page 197
1Q. During the course of your investigation
2were you satisfied that you interviewed with the
3exception of Kasey every relevant witness?
4A. Yes.
5Q. Was the decision not to prosecute based
6on, so far as you know and in your participation,
7the complete investigation which included interview
8of the relevant witnesses, getting all of the
9medical report, the toxicology report and the rest
10of the information so that it was based on the
11broadest understanding of what had happened?
12MS. WHITE: Objection.
13MR. DERATANY: I'm going to object. He's
14indicated multiple times he doesn't make the
15decision, so it requires him to speculate as to
16state of mind as to another individual, form and
17foundation.
18MS. WHITE: Join.
19BY THE WITNESS:
20A. I can tell you I presented all of the
21evidence and all of the witnesses and the State
22made their determination.
23BY MR. KING:
24Q. Were you aware that Mr. Nena,
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1Mr. Clement and Mr. Smith all were seen by doctors
2and Mr. Nena actually missed several days of work
3based on his injuries, were you aware of that?
4A. I was aware of Mr. Nena and Mr. Clement
5went to the hospital, went to see the doctor.
6Q. Based on your experience, do bruises
7appear instantly when people have been hit or do
8they develop over time?
9MR. DERATANY: Objection, requires a medical
10conclusion.
11MS. WHITE: Join.
12BY THE WITNESS:
13A. Over time.
14BY MR. KING:
15Q. Were aware that Mr. Smith's door handle
16was broken and had to be replaced?
17MS. WHITE: Objection as to the form of the
18question, foundation.
19BY THE WITNESS:
20A. Nodamage was observed by any of my
21teammates to the door.
22BY MR. KING:
23Q. And was your understanding that the
24Bishopps were going to their apartment, their
Page 199
1residence, were going to -- they are residents of
2the building but they were going to the unit that
3they lived in, is that right?
4A. Can you repeat that? I missed the first
5part. I'm sorry.
6Q. With respect to the Bishopps, you
7understood that they were residents of the building
8and they were going to the 48th floor where their
9unit was located?
10A. They were returning to see if their door
11was locked, yes.
12Q. You were asked some questions about
13whether the group that went to 48 could have waited
14for the police. Do you remember those questions?
15A. I do.
16Q. All right. If the 911 calls had been --
17as you described a Tier 3 or Tier 4 call as they
18were received at 911, is it possible that the
19police response might have been more than an hour?
20MR. DERATANY: Objection, requires
21speculation, form.
22BY MR. KING:
23Q. Based on your experience?
24MR. DERATANY: In this case or generally?
Page 200
1BY THE WITNESS:
2A. Generally speaking, it's based off of
3manpower and available units, so there is no
4specific way to answer that.
5BY MR. KING:
6Q. So what would be a range of time?
7MS. WHITE: Objection, calls for speculation,
8form of the question, foundation.
9MR. DERATANY: Objection, join.
10BY THE WITNESS:
11A. There is no real range. It just depends
12on the availability of units. It's impossible to
13answer.
14BY MR. KING:
15Q. Could it have been more than hour?
16MR. DERATANY: Counsel, he said it's
17impossible to answer. Objection. You are
18harassing the witness.
19MS. WHITE: Objection.
20BY THE WITNESS:
21A. Again, it depends on the availability of
22units and how long the response is and how long a
23call is dispatched.
24 
Page 201
1BY MR. KING:
2Q. And I think I've asked you this but I
3just want to be clear. I apologize if I already
4asked you this.
5The time frame between the first contact
6between Mr. Joseph and Mr. Nena, and the time that
7the shots were fired, what's your understanding
8based on your investigation on what that time gap
9was?
10MR. DERATANY: This has been covered. Asked
11and answered a couple of times.
12BY THE WITNESS:
13A. Several seconds.
14BY MR. KING:
15Q. Are you aware that the family of
16Mr. Joseph put together a strategy to put pressure
17on the State’s Attorney's Office to prosecute
18Mr. Smith?
19MR. DERATANY: Objection, form, foundation,
20requires speculation, mischaracterizes the
21testimony.
22MS. WHITE: Join.
23BY THE WITNESS:
24A. I was not.
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1BY MR. KING:
2Q. Were you aware that they had a marketing
3and communication strategy?
4MR. DERATANY: Objection, form, foundation,
5misstates the evidence.
6MS. WHITE: Join.
7BY THE WITNESS:
8A. I was not.
9MR. KING: Give me one second. I may be done.
10I just want to double-check.
11MR. DERATANY: I have two follow-ups when
12that's done, literally two questions.
13MS. WHITE: I have a couple as well.
14MR. WANGLER: If you are going to take a
15break, I've got to make this phone call so can you
16get off the record.
17THE VIDEOGRAPHER: Sure. We are off the
18record at 2:57 p.m.
19(WHEREUPON, a break was taken.)
20THE VIDEOGRAPHER: We're back on the record at
213:06 p.m.
22MR. KING: We're good to go.
23THE VIDEOGRAPHER: Yes, sir.
24 
Page 203
1BY MR. KING:
2Q. Detective, were you comfortable then and
3are you comfortable now with the decision not to
4prosecute Mr. Smith in connection with this
5incident?
6MR. DERATANY: I'm going to object to that
7question, form.
8MS. WHITE: Join.
9BY THE WITNESS:
10A. It's not about my comfort level. I
11presented the case and the State's Attorney made
12the decision.
13MR. KING: That's all I have.
14FURTHER EXAMINATION
15BY MR. VAIDYA:
16Q. The original 911 dispatch call, was it
17your understanding that it reported that there was
18acriminal trespass in progress?
19A. Yes.
20Q. All right. And with respect to the
21individuals who ultimately went up to the 48th
22floor, at the time that they went up to the 48th
23floor, based on your investigation, do you know if
24they knew who was up there?
Page 204
1MR. DERATANY: Objection, requires speculation
2as to what they knew, who knew.
3MS. WHITE: Join.
4BY THE WITNESS:
5A. It was related to myself that there was
6a disturbance on the 29th floor and then banging on
7doors on the 48, so they assumed that that person
8moved up to the 48th floor.
9BY MR. VAIDYA:
10Q. And at the time, did they know that it
11was a building resident?
12MR. DERATANY: Objection, requires speculation
13as to what someone knew.
14MS. WHITE: Join.
15BY THE WITNESS:
16A. Afterwards --
17MR. DERATANY: Form.
18BY THE WITNESS:
19A. -- Mr. Nena realized it was a building
20resident.
21BY MR. VAIDYA:
22Q. But not before?
23A. Correct.
24Q. With respect to -- you had some
Page 205
1testimony about CIT training and you testified
2about deadly force.
3Can you just explain, generally, what is
4your understanding of when deadly force is
5authorized?
6A. When it's reasonable and necessary as a
7last resort.
8Q. And ifan officer is being attacked and
9he is being punched or assaulted, is deadly force
10reasonable?
11A. It can be.
12Q. With respect to Mr. Nena -- strike that.
13With respect to Mr. Smith, you
14investigated Mr. Smith for a potential criminal
15offense, right?
16A. Correct.
17Q. And ultimately, the State's Attorney
18decided not to charge, correct?
19A. Correct.
20Q. With respect to Mr. Nena, you never even
21investigated him for a criminal offense, right?
22A. Correct.
23Q. And you saw nothing in your
24investigation that would lead you to initiate a
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1criminal investigation against Mr. Nena?
2A. No.
3Q. Orany of the other building residents?
4A. That's correct.
5MR. VAIDYA: No further questions.
6MR. DERATANY: Okay.
7FURTHER EXAMINATION
8BY MR. DERATANY:
9Q. Are you aware of any -- are you aware of
10whether or not you can text to 911, whether a
11member of the public can text with 911?
12A. Prior to this case, I had no knowledge
13ofthat. Because of this case, I contacted 911.
14It is a possibility they related.
15Q. It is a possibility. How is that done,
16do you know?
17A. Thave no idea.
18MR. DERATANY: Okay. Thank you. I have no
19further questions.
20MS. WHITE: I just have a few.
21FURTHER EXAMINATION
22BY MS. WHITE:
23Q. Detective, you just mentioned a few
24minutes ago -- and correct me if I'm wrong -- for
Page 207
1self defense it has to be -- the attacks have to be
2reasonable, is that correct?
3A. Correct.
4Q. They also have to be necessary?
5A. Yes.
6Q. And I think you said that it has to be
7deadly force is used as a last resort, is that
8correct?
9A. Asapolice officer, yes.
10Q. Okay. And in the State of Illinois,
11this is not a stand your ground state, correct?
12MR. VAIDYA: Objection as to form.
13MS. WENGER: Join.
14BY THE WITNESS:
15A. We don't use that terminology, no.
16BY MS. WHITE:
17Q. Okay. There is no law allowing somebody
18to stand their ground on their property like they
19have in other states for example; is that correct?
20MR. VAIDYA: Objection as to form.
21MR. WANGLER: Objection, foundation, if you
22know.
23MS. WENGER: Join both.
24 
Page 208
1BY THE WITNESS:
2A. I know Illinois law, I don't know other
3states really.
4BY MS. WHITE:
5Q. Okay. In addition to the self defense
6things that you testified about a few minutes ago,
7when somebody uses force in a self defense case,
8it's fair to say that that force also has to be
9proportional to the force that's being used against
10them?
11MS. WENGER: Objection, form.
12MR. VAIDYA: Join.
13BY THE WITNESS:
14A. Yes.
15BY MS. WHITE:
16Q. And so you would consider when something
17was proportional, for example, whether or not who
18was the first aggressor, correct?
19A. Yes.
20Q. You would consider which individuals
21were armed with weapons, correct?
22A. Yes.
23Q. Whether those weapons were knives,
24correct?
Page 209
1A. The type of weapon, sure.
2Q. Oragun?
3A. Yes.
4Q. And for example, tf someone was unarmed,
5and somebody else had a weapon, that could be a
6situation where it was dis -- and force was used,
7there could be disproportional use of force in that
8case, correct?
9MR. VAIDYA: Objection, use of the
10hypothetical and as to form.
11MS. WENGER: Objection, form, incomplete
12hypothetical, calls for speculation.
13MR. WANGLER: Join.
14MR. DERATANY: Why don't you let her finish
15the question.
16MS. WENGER: She did.
17BY THE WITNESS:
18A. There are cases where it could be
19disproportional, sure.
20BY MS. WHITE:
21Q. And when you talked during your
22testimony today, during the course of your
23investigation, you are considering the -- and you
24mentioned this before but I just want to be clear,
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1Mr. Smith’s account of what happened, right?
2A. Yes.
3Q. Mr. Nena's account of what happened?
4A. Yes.
5Q. Mr. Clement's?
6A. Correct.
7Q. And Mr. Bishopp's, correct, in terms of
8who was on the 48th floor, correct?
9A. Yes.
10Q. So when you testified when Mr. Nega
11asked you some questions about Mr. Schott --
12Mr. Schott -- and he showed you your supplemental
13report that he, I believe, testified or made a
14statement, I should say, just to clarify, that he
15heard something to the effect of hitting a meaty --
16heard something hitting a meaty part of their body
17or something like that. I'm just paraphrasing but
18do you remember that?
19A. Sure, a punch and meaty.
20Q. During the course of your investigation,
21did Mr. Schott ever tell you that he observed what
22happened with his -- did he see what happened, as
23far as you know?
24A. With that punch, he did not.
Page 211
1Q. And based on your investigation, he was
2testifying only about what he heard; is that
3correct?
4A. Atthat portion, yes. He eventually
5looked out of the peephole but that portion, yes,
6he heard.
7Q. And when you had an opportunity to go to
8the Legacy, you had an opportunity to see the doors
9that are on all of the units, correct?
10A. Correct.
11Q. In your training and experience as a
12police officer, do you think it's possible for
13Mr. Schott to hear a punch through a door?
14MS. WENGER: Objection, calls for speculation.
15MR. VAIDYA: Join.
16MR. WEISS: Join.
17BY THE WITNESS:
18A. Yes, you can.
19BY MS. WHITE:
20Q. What do you base that on?
21A. The gaps under the door for pressure in
22the building.
23Q. You also testified that you spoke to
24Mr. Bishopp during the course of his -- during the
Page 212
1investigation; is that correct?
2A. Yes.
3Q. And he made statements to you as well as
4to the State's Attorney's Office, is that right?
5A. Yes.
6Q. And one of the things that Mr. Bishopp
7told you when he was being interviewed is that he
8remembered in the past he would consistently see a
9Chicago police squad parked around the corner from
10his residence and John Bishop then relocated to
11Wabash Avenue and summoned the officer who was
12assigned a fixed post at that location. Do you
13remember him telling you that?
14A. Yes, I do.
15MS. TRIBBIA: Objection, mischaracterizes the
16report which states that verbatim is only in
17quotes.
18So if there is something in the report,
19objection as to mischaracterizing that Mr. Bishopp
20said those words.
21BY MS. WHITE:
22Q. Do you recall him stating something to
23that effect, Detective Dowling?
24A. Yes, I do.
Page 213
1Q. And so is it your under understanding
2that Mr. Bishopp knew that it was possible to alert
3the police by going to a squad car that was parked
4nearby the building, is that your understanding of
5his testimony?
6MS. TRIBBIA: Objection, speculation.
7MS. WENGER: Join.
8MR. VAIDYA: Objection as to form, join.
9MR. KING: Join.
10BY MS. WHITE:
11Q. You were asked questions about the
12jewelry that was found in the hallway that night,
13correct?
14A. Correct.
15Q. Did you ever ask Mr. Smith about that
16jewelry?
17A. I don't recall.
18Q. Did you ever determine in your
19investigation how that jewelry got there?
20A. No.
21Q. I believe that you were also asked
22questions about the 911 call that Mr. Smith made
23and you were asked questions regarding the fact
24that there was a trespasser outside of his front
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1door and someone was going down the hallway trying
2to get into people's building, something to that
3effect.
4What would have been the responsible
5level from OEMC based on a call regarding a
6trespasser and somebody attempting to get into
7other people's doors?
8MS. WENGER: Objection, form.
9MR. KING: Objection, calls for speculation.
10BY THE WITNESS:
11A. Those are almost two separate events.
12If you were a trespasser, it would be lower, it
13would be a Priority 3 or a Priority 4, But
14somebody trying to gain access to somebody's
15apartment, that could be higher. That could be 2,
16potentially a 1.
17BY MS. WHITE:
18Q. Are you aware that the Legacy building
19had a communication, an automated communication
20system, in place at the time of this shooting?
21MS. WENGER: Objection. This is beyond the
22scope of the other examination.
23MR. VAIDYA: Join.
24MR. WANGLER: Join.
Page 215
1BY THE WITNESS:
2A. I'm aware the Legacy building has a
3panic button.
4BY MS. WHITE:
5Q. Are you aware that they have any means
6to communicate threats to residents or issues to
7residents in the bidding?
8MS. WENGER: I'm going to have a standing
9objection to this line of questioning. It's beyond
10the scope.
11MR. VAIDYA: I'll also join in that.
12MR. WANGLER: Join.
13MR. KING: Join.
14BY THE WITNESS:
15A. I'm not aware of that.
16MS. WHITE: I don't have anything further.
17MR. KING: I have one follow-up.
18MR. WEISS: I think we're going in the same
19order. I'm sorry. I think that's me.
20Detective, I got a few questions.
21MR. WANGLER: Counsel, it's 3:18. We're well
22beyond three hours. So please, if you guys could
23hurry up. I would appreciate it.
24MR. WEISS: No problem. I'll be less than
Page 216
1three minutes.
2FURTHER EXAMINATION
3BY MR. WEISS:
4Q. Detective, you didn't prepare any case
5to present to the State's Attorney regarding any
6potential criminal charges against Deborah Romero,
7correct?
8A. Correct.
9Q. And that's because you didn't have any
10evidence that Deborah Romero had any culpability in
11Mr. Joseph's death, correct?
12MS. WHITE: Objection as to the form of the
13question.
14BY THE WITNESS:
15A. Correct.
16BY MR. WEISS:
17Q. You didn't present any case to the
18State's Attorney regarding potential criminal
19charges against Dominic Tedaldi, correct?
20A. Correct.
21Q. And that's because you didn't have any
22evidence that Dominic Tedaldi had any culpability
23in Mr. Joseph's death, correct?
24MS. WHITE: Objection to the form of the
Page 217
1question.
2BY THE WITNESS:
3A. Correct.
4BY MR. WEISS:
5Q. And then finally -- and you didn't
6prepare any case to the State's Attorney regarding
7potential charges -- potential criminal charges
8against Sudler & Company, correct?
9A. I don't even know who that company is.
10Q. And that's because you didn't have any
11evidence that Sudler & Company had any culpability
12in Mr. Joseph's death, correct?
13MS. WHITE: Objection to the form of the
14question.
15BY THE WITNESS:
16A. Correct.
17MR. WEISS: Thank you. That's it.
18MS. TRIBBIA: Can I just jump in?
19Technically, it was me, Mike, and then you. That's
20okay.
21FURTHER EXAMINATION
22BY MS. TRIBBIA:
23Q. Mike just asked all of those questions.
24Counsel just asked you questions, Mr. -- or
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1Detective Dowling. I'm sorry.
2The questions that he just asked you,
3would you agree that they also apply to Mr. and
4Mrs. Bishopp?
5A. What questions are those, I'm sorry?
6Oh, the previous attorney?
7Q. Yes.
8A. Yes, I didn't present any case against
9the Bishopps, yes.
10Q. Okay. You didn’t believe that the
11Bishopps had any culpability as to Mr. Joseph's
12death, correct?
13A. I did not believe that, correct.
14MS. TRIBBIA: Okay. Thank you. I'm donc.
15FURTHER EXAMINATION
16BY MR. KING:
17Q. Detective, in the context of self
18defense cases, do you -- is it your understanding
19that there is some legal requirement that somebody
20invoking self defense shoot somebody attacking them
21that they are obligated not to use deadly force and
22to be beaten, to allow themselves to be beaten --
23MS. WHITE: Objection as to the form of the
24question.
Page 219
1BY MR. KING:
2Q. --is that your understanding at all?
3MS. WHITE: I'm sorry. Objection to the form
4of the question.
5BY THE WITNESS:
6A. That's not my understanding, no.
7MR. KING: That's all I have. Thank you.
8MR. VAIDYA: Anyone else? Mr. Nega?
9MS. WENGER: Do you have anything else?
10MR. NEGA: No, nothing. Thanks for being
11here, Detective.
12THE WITNESS: Thank you.
13MR. KING: I appreciate the time. Thank you.
14MR. WANGLER: I'm done.
15THE VIDEOGRAPHER: Weare off the record a
163:20 p.m. and this concludes today’s testimony
17given by Detective Daniel Dowling. The total
18number of media units used was three and will be
19retained by Veritext Legal Solutions.
20 
21 
22 
23 
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Page 220
1STATE OF ILLINOIS )
2) SS:
3COUNTY OF COOK )
4I, CARIANN WAGNER, a Certified Shorthand
5reporter within and for the County of Cook State of
6Illinois, do hereby certify:
7That previous to the commencement of the
8examination of the witness, the witness was duly
9swom to testify the whole truth conceming the
10matters herein;
11That the foregoing deposition transcript
12was reported stenographically by me, was thereafter
13reduced to typewriting under my personal direction
14and constitutes a true record of the testimony
15given and the proceedings had;
16That the said deposition was taken
17before me at the time and place specified;
18That I am nota relative or employee or
19attorney or counsel, nor a relative or employee of
20such attorney or counsel for any of the parties
21hereto, nor interested directly or indirectly in
22the outcome of this action.
23IN WITNESS WHEREOF, I do hereunto set my
24hand and affix my seal of office at Chicago,
Page 221
1Illinois, this 10th day of May, 2026.
2 
3 
4C.S.R. Certificate No. 84-003836.
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
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&
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a
am. 1:23 7:2
44:11,14
ability 11:12
able 44:23
45:15 48:16
51:10 55:22
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alcohol 165:11
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[a.m. - alcohol]
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alive 69:8
126:9
allegedly
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allow 218:22
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asa 34:10 52:1-
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68:2 75:10,17
89:23 90:5,5
104:12,13,19
119:11,16
120:2 132:9
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60:17 61:18,23
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authored 86:4
authorization
72:13
authorize
53:17 66:23
authorized
205:5
authorizing
67:1
autistic 19:14
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automated
140:24 214:19
autopsy 47:24
54:24 127:8
avaidya 3:7
availability
200:12,21
available
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avenue 212:11
aware 16:7
21:1 26:4,6,8
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118:17 120:15
120:18 121:9
121:12 124:5
142:20 143:12
143:18 145:3
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151:10 154:17
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168:6 187:13
188:15 202:20
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43:18 63:21
97:18 107:2
194:4
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backwards
169:19 185:8
band 188:12
bandage 92:9
bandaged
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| | banging 72:7
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bank 73:21
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base 211:20
baseboard 29:7
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100:19 106:10
125:2 129:20
132:23 146:8
146:22 147:11
150:4 152:20
153:16 158:10
158:16 159:15
163:2 170:15
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198:3,6 199:23
200:2 201:8
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60:7 61:18
64:5,23 72:14
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78:15 162:13
bates 25:3
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108:12 114:13
124:6
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78:23
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/ | becoming
62:13
began 13:4,17
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| 5:9,18 8:16,23
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56:23 59:8,22
65:24 66:12
70:14 118:8
119:17,18
122:7,10
127:22 133:14
134:2,22,24
139:18,22
140:1 141:5
150:23 153:1
168:16 170:21
171:24 183:17
194:23 210:13
213:21 218:10
218:13
believed 34:19
40:20 121:17
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[automated - believed]
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belmont 31:7
ben 5:22 7:17
bent 41:10,14
41:15,17 42:7
47:14 53:5
55:6 56:21
99:18,19,20
100:17,20
101:7 104:8
139:19 140:8
bent's 139:17
bernard 45:10
45:18 46:24
122:4 174:13
175:24
best 5:3 10:9
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184:14 185:4
186:4
bestfirm.com
5:8
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215:9,22
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biological
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120:20 125:19
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board 89:18
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112:10 114:14
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42:1 47:13
62:2 64:20
68:8 69:8
100:3,6,6,13
106:8,13
107:10 117:3
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brothers
100:21 101:9
101:16 191:2
brought 23:1,3
79:12 89:15
103:18 104:2,5
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211:22 213:4
214:2,18 215:2
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184:14
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business 86:15
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butt 144:14
| | button 73:5
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| 95:18,21,24
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98:6 105:18
109:5 141:16
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| 178:22 179:5
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213:22 214:5
called 1:14 10::
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46:1 58:19
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93:3 95:9
100:17 105:21
110:6 141:12
141:14 158:17
159:18,20
160:12,14
170:20,23
178:10,10
caller 53:4
callers 160:16
calling 109:4
170:24
calls 26:11
36:20,23 37:10
62:4 63:6,11
63:22 67:15
78:7 81:17
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98:1,4 99:8
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108:18 115:19
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130:13,21
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156:18 157:21
160:20 166:19
178:18,19
180:9 182:16
188:20 191:9
192:5 199:16
200:7 209:12
211:14 214:9
camera 32:19
119:2,6 127:20
127:22 155:13
cameras 29:17
118:23
canceled 55:13
cannibis 54:4
canvass 24:13
capacity 35:20
74:12
captured 43:17
43:18 118:22
128:11
car 26:24 213:3
card 31:21
193:21
care 100:22
101:2 107:22
career 12:1
13:13,15,17
14:22 142:13
eari 7:19
cariann 1:19
5:23 220:4
carpet 138:3
carry 31:23
cars 26:21
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[brother - cars]
FILED DATE: 8/28/2026 10:56 PM 2024L005346
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case 1:66:17
7:13 8:17 9:6
12:4,5 15:15
16:6 18:13,19
19:13 21:24
22:7,10,12,14
23:2,6,6 24:9
24:10,18,22
25:15,18,21
32:23 33:15,20
34:13 51:16
52:18 53:13
57:19 59:13
60:2,5,18,20
64:24 74:8,24
75:15,17,18
76:1,1,9 79:11
79:14,16 80:15
81:3,22,24
82:1 85:5
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103:22 104:1
106:20 112:5
114:15,17
115:13 116:2
118:5 120:15
127:19 142:24
143:20 146:10
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164:16 169:8
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175:1,12 184:2
193:3 195:22
196:18,23
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206:12,13
208:7 209:8
216:4,17 217:6
218:8
cases 13:9
14:23 19:2
67:3 172:20
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casings 29:8
48:12
cataloging
165:10
catching
173:10
categories
178:24
cause 20:13
caused 39:2
42:10 151:10
causes 82:16
causing 32:3
cell 43:16 50:17
50:20 60:7
66:3,7 107:3
certain 21:5
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68:20 70:16
85:17 112:16
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101:23
certificate 5:24
221:4
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111:8.177:23
charge 16:24 —
17:5,15,19
18:9,17 19:9
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22:20 33:11
53:13,18 74:23
75:3,6,12
76:13 80:11,16
80:22 81:8,15
82:7,22,22
87:9,21 89:15
90:7,13 104:22
105:8 117:11
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charges 20:1 ©
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58:7 64:4 65:3
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chest 40:14
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common 75:24
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116:6 171:23
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davis 4:3 9:13
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[davis - depends]
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[depends - differences]
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different 14:7,'
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drive 4:13
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fair 10:19
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37:4,10,14
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frequently
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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79:13 81:10,1:
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211:2,6
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incident 13:23
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31:4,5,8 34:6
40:1,4 41:9
43:8 45:9 53:9
53:11 56:15
58:18 72:14
91:22 103:7
104:5,8 135:1
139:3 155:13
155:16 172:2
175:22 176:4
183:6 197:7
interviewed
35:14 36:6
38:4,22 40:6
42:16 49:1
53:9 56:21
91:21 92:10
123:2 127:6,12
134:23 ,23
139:18 183:10
183:14,18
184:2,4 197:2
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interviewing
23:23 88:24
119:12 123:20
interviews 21:1
21:5 27:24
32:11 34:16,17
46:22 49:9,24
50:3 55:6
75:11 116:3
118:13,17,18
119:3 120:8
123:17 145:2
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introduced
27:6,7,13
28:13
inventoried
61:5 137:24
investigate
15:21 17:2
18:14 20:2
24:1,3 37:1
42:11 81:6
93:23 98:7
115:23 171:10
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investigated
14:24 77:16
116:8 142:13
165:22 172:5,8
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investigating
86:18 87:10
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investigation
16:12 20:9
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96:4 98:17
101:24 102:12
102:15,17,18
104:22 105:9
106:1,24 107:7
113:4,22
117:17 119:7
119:15 124:14
125:7 129:4
132:8,23,24
136:3,10,24
146:10 147:1
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153:17 158:11 —
158:17 159:16
165:15 166:9
170:17 171:21
172:24 178:5
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investigations
14:18 16:20
20:17,18,19,20
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investigative
46:19 60:24
investigator
13:10 15:14,18
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16:14 20:15
invited 193:18
invoking
218:20
involuntary
19:8,11,12,17
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171:10 172:6
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involved 24:9
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issue 23:18
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issued 59:15
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) 133:21
issues 38:6 62:8
62:10 189:14
189:19 215:6
j
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| 105:13 106:5
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james 56:10
january 58:14
105:1,6
jared 99:20
jareth 41:10
47:14 53:4
56:21 99:19,20
99:20,21,22
100:17,20
101:7 104:8
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jason 50:21
65:12,24
194:24
jay 2:13 9:5
47:17 62:6
64:2 65:15
67:15,19 79:10
101:7 107:9
194:22
jen 68:2 89:23
jennifer 57:13
196:13
jenny 52:9,16
jewelry 29:9,22
43:13 48:15,16
3} 213:12,16,19
jim 46:3
job 1:24 181:9
johah 3:10 36:7
john 1:11 5:10
212:10
join 54:10,21
76:20,21 77:10
78:9 93:10,11
94:3,5,24 95:5
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98:10,11,19,20
98:21 99:10,11
99:12 108:2,20
108:21,22
112:22 121:2
126:13,23,24
130:1,14,15,22
131:10 132:1
135:10,22
142:5,6 143:2
143:3,4,6,23
144:7 145:13
145:14 146:3
146:17 147:3
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148:23,24
149:17 150:11
150:13 151:7
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| 156:24 157:9
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162:3,11
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179:24 180:12
181:6 182:18
184:19 185:19
186:10,22
187:8,22 189:7
190:18 191:13
192:6,17
194:20 195:10
196:8 197:18
198:11 200:9
201:22 202:6
203:8 204:3,14
207:13,23
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- 213:7,8,9
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jonah 36:7
77:13
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15:22 25:3
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146:23 147:8
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154:1,4 155:4
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167:11,16,20
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174:3,7 177:2
180:17 184:9
185:10 187:4
187:11 188:1,6
188:18,19
189:4,5,14
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195:5,17 196:5
201:6,16
joseph's 41:16
48:18 59:9
62:20 68:8,15
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78:12 102:13
124:10 139:9
164:23 165:24
190:11 191:2
193:11 194:6
216:11,23
217:12 218:11
jpderatany
2:17
jr 1:11
judge 85:2,3,4
106:10
judgment
107:20
july 12:23 13:4
33:16 88:9
102:21,23
115:17 175:2,6
175:7
jump 42:6
164:16 180:14
217:18
juries 103:21
jury 55:19,24
56:5 57:18
102:21 103:1,3
103:3,10,16,24
104:6 123:5,7
123:9,11,14
jury's 103:8
justice 66:12,13
105:21 107:10
k
k 165:5
kacey 53:4
100:9,21
183:18
kacey's 100:11
kasey 42:14
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kept 86:14
124:18
kill, 17:23 54:24
70:3 82:11
134:20
killed 19:15
20:3 74:17
124:6 183:3
killing 84:8
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kim 116:15
kin 41:20
kind 24:8,17
42:9 59:17
67:2 77:22
106:19
kinds 14:23
63:16
king 3:146:11
8:18,21 9:14
9:14 81:16
83:18 84:11,14
84:22,23 87:13
94:3,22 95:23
96:2 99:8
107:24 108:19
112:2 121:2
143:4 147:19
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164:4 177:12
177:15,16
178:14,17
179:14 180:5
180:13 181:7
181:10 182:3
182:22 184:23
185:15,22
186:14 187:1
188:2,16 189:1
189:12 190:6
190:19,22
191:16 192:9
192:22 193:9
193:17 195:2
195:13 196:1
196:11 197:23
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199:22 200:5
200:14 201:1
201:14 202:1,9
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kit 137:3,17
knees 35:18
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100:11 101:2,2
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1411:11,14
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| 188:24 190:5
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knowing
145:22
knowledge
18:1 26:5 35:8
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143:9,17 161:8
165:2,9 166:8
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known 62:10
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. | knows 81:19
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kolman_ 165:5
; | kosner 2:12
]
1 7:13,14 8:22
165:5
lab 137:12
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lack 52:24
108:3,17,19
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lag 133:20
lamparis 165:6
language
120:22
languages
63:18
lasalle 2:14 5:5
5:15
lasted 135:1
168:24
law 1:2 7:13
13:6 50:22
79:18 82:24
89:20 207:17
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lawinjury.com
2:17
laws 13:12
lawyers 10:14
63:23
lay 82:24 83:6
84:4 85:23
94:15
laypersons
112:13
lead 13:10
15:17 87:8
205:24
leading 31:12
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learn 31:11
54:1 63:11
65:19 72:21
73:6 92:19
101:5 113:5
learned 31:13
54:2,18 65:21
73:1 92:20
96:5 132:24
135:16 146:24
151:14 153:16
left 29:5 40:21
41:2 64:1
73:20 153:2
167:12
legacy 1:8 8:9
30:7 36:8,12
211:8 214:18
215:2
legal 7:18,20
11:6 21:8
23:18 24:2
33:10 34:19
147:17 148:18
156:15,18
218:19 219:19
level 81:20
203:10 214:5
levels 80:1
134:16
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[king - levels]
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liable 172:16
lieutenant
165:6 180:15
life 33:7
lights 180:7
likely 65:20
limit 79:13
limitation
87:24
limitations
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limping 129:18
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listed 41:20
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listing 83:18
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lit 29:16
literally 202:12
little 15:3 24:7 —
29:12 33:18,19
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164:16 175:19
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lived 45:13
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He 2:3 3:12
Ip 3:2
lobby 26:16
27:7,15,19
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31:17 40:17
73:12,19,20
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128:12,14
144:3,14 146:7
146:19 162:7
163:14,17,20
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locate 51:10
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located 22:13
43:13 51:4
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182:7 189:9
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location 7:14
98:6 212:12
lock 40:22
locked 133:6,11
151:19,24
152:9,12
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long 12:21 13:5
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200:22,22
look 33:13 67:3
85:21 131:3
looked 16:4
92:7 211:5
looking 20:3
23:22 39:18,19
126:7,8 136:3
looks 51:14
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65:6
lose 126:2
lost 43:2
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lot 10:11 62:4
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lower 214:12
m
m 3:21 5:20
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made 16:11
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$2:22 59:17
70:2 76:4
90:12 105:24
107:17 162:21
191:17 193:2
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197:22 203:11
210:13 212:3
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main 4:5
major 60:24
61:5
make 11:2
16:24 17:6,8
22:18,22 28:20
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58:7 69:15
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165:7 168:5,17
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makes 80:23
making 39:14
98:6 178:4
| 191:9
male 40:13
management
1:7 28:16,18
72:12 178:22
manager 72:11
manner 110:16
manpower
200:3
manslaughter
19:8,11,12,17
20:4 80:5 82:8
82:13 83:11,14
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172:6,17 173:1
march 60:3
67:8 76:5 89:7
89:8 90:10,16
mark 1:9 43:20
175:2,3
marked 25:2,6
26:21 43:23
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marketing
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164:5,9
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material
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matters 8:14
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mean 33:5 58:6
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| 132:12,14
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medically
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medication
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) | meet 55:10
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meeting 52:6
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; 64:18,22 65:11
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meetings
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memorialize
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meng 43:8,11
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mental 11:11
62:8,10 96:21
107:21 108:13
109:4,19 112:9
114:13 115:2
115:11 189:14
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mentally 62:13
mention 100:1¢
mentioned
29:19 60:7
64:7 65:15
68:6 75:23
140:17 142:19
168:16 180:14
180:15 206:23
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meredith 45:10
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met 56:11 57:9
64:8 65:23
67:24 68:5,7
132:9
method 16:11
michael 3:14
4:4,12 9:7,12
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michigan
139:21
microphones
7:3
mike 9:14
177:16 217:19
217:23
millennium 1:8
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mind 46:10
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minute 142:17
minutes 28:8
70:22 96:13,16
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mischaracteri...
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misdemeanor
20:20
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misstated
174:19
misstates
125:13 126:12
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149:15 150:8
151:5 152:16
158:24 188:9
202:5
mistake 194:10
196:23
mistaken 60:2
mking 3:19
molecules
137:8,21
moment 73:24
monroe 3:15
26:2 99:24
171:2 181:20
month 55:4
64:12
months 13:5
51:18
morgue 30:10
139:10
morning 7:1
8:6,11,15
30:16 34:8
46:18 47:22
moved 14:17
63:20 184:9
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movements
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moving 130:3
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multiple 63:18
78:5 81:18
136:22 137:23
197:14
murder 17:5,13
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18:5,9,12,12,13
18:15,16,19,24
19:4 21:23
22:20,24 23:1
23:9,13 33:11
53:18 67:8
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75:6,12 76:2
77:17 80:1,3,4
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81:15 82:1,5,6
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83:10,10,14
84:8 86:12,19
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89:4,12 90:7,7
90:16 102:1,2
102:15 104:23
105:10 106:1,7
107:1 113:4
115:24 116:8
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murdered 17:3
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murders 14:20
18:23 19:23
muscle 45:19
174:15,16,18
mute 7:5
mweiss 4:16
mwhite 2:8
n
n 6:2 8:8,8,8,12
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name 7:17 8:6
23:14 28:17
37:8 39:16
43:8 46:4
65:10 79:10
99:17,18 100:9
100:10,11
118:4 164:14
173:6 175:24
named 15:22
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names 32:11,11
natalie 1:11
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nature 38:14
near 135:14
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nearby 213:4
necessarily
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59:13 180:11
necessary
115:10 205:6
207:4
need 10:21 11:1
84:18 107:21
114:16 138:23
needed 41:23
60:8 165:8,13
180:17 181:1
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needing 133:5
mega 4:46:10
9:12,12 97:1
98:11,21 99:11
108:20 121:19
130:15 146:3
146:17 148:22
150:13 151:7
156:24 157:8
157:20 161:19
173:5,6 175:7
175:9,11 177:7
177:10 210:10
219:8,10
negligent 80:4
82:7,9 89:15
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nena 1:103:10
8:9 27:20
28:11 32:13
36:7,7,11,14,11
37:5,12,20,22
38:9,13,19
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46:23 49:15
72:14 73:4,10
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91:15,18 92:2
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201:6 204:19
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nerd 140:2,4
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note 7:3 43:20
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noticed 29:10
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notified 67:11
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notify 16:16
| 22:9,10 23:15
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nowadays 15:3
number 6:13
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numerous
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objection 12:1]
39:4,12,14
52:24 54:8,20
58:1 69:15,16
77:8,9 78:7
81:16,16 83:2
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official 88:15
oh 24:4 37:17
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participation
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point 32:15
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previously
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qualified 76:19
question 10:16
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reclassification
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recognize 25:9
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56:15 141:7
176:1,2,2
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right 10:6,21
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scroll 175:15
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seal 220:24
search 58:15
105:4,5
second 18:9,11
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shootings 14:20
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short 140:5
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solely 125:2
solutions 7:18
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somebody
17:24 19:22
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82:12 98:1
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stairways
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stairwell 155:8
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stamping
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stand 109:2]
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sucking 127:2
sudler 1:7,7
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37:12 38:9
42:12 52:11
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tik 105:20
time 7:5,24
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train 112:16
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trainees 109:10
training 13:1,6
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[tier - training]
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Veritext Legal Solutions
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transcript 34:8
220:11
transport
26:24 177:22
transported
21:16,16
trauma 13:11
treatment
38:20 43:4
111:17 115:12
180:18
trespass 203:18
trespasser
213:24 214:6
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trial 12:12
tribbia 5:4 6:8
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trick 10:8
trigger 74:20
trucking
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true 48:11
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truth 220:9
truthfully
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try 20:11 22:14
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types 14:8,10
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typical 16:11
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typically 96:19
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u 8:8
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ultimate 52:17
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ultimately
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undermine
TTS
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“understand
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understanding
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[transcript - understanding]
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Veritext Legal Solutions
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understood
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unit 7:8 14:13
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units 13:20
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unlawful 53:14
unlocked 40:2]
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unquote 140:3
unusual 81:24
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update 51:16
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updated 13:12
§7:17,21
updates 61:9
uploaded 34:7
ups 202:11
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upstairs 92:13
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use 74:7 82:18
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used 82:18
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. | uses 208:7
using 120:21
usually 16:13
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v
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vague 179:23
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| 219:8
| valid 23:21
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validates
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vanderlaan 5:3
varied 185:3
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vehicle 177:22
verbalize 11:2
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verbiage
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verify 58:20
veritext 7:18,2C
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version 135:3
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versus 7:11
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viable 22:20
victim 44:8
victims 14:13
victor 8:8
video 7:6 20:11
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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videographer
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videotape
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videotaped
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view 77:5
viewed 131:12
vigilante 157:2
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vigilantes
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violent 13:10
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violently 70:9
visible 165:11
visit 50:9
visual 165:7,12
voice 71:17
173:10
voicemail 64:2
voluntarily
55:11
voluntary 20:4
vs 1:6
Ww
w 1:7 8:12,22
wabash 212:11
wacker 4:13
wagner 1:19
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wait 93:8,23
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waited 160:17
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walking 130:7
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want 10:8,12
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warned 114:2
warrant 22:15
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watched
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way 8:18 11:7
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weapons
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wearing 70:6
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week 15:13
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weeks 42:2
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whispering 7:4
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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wife 18:21
wise 60:20
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witness 6:3 9:2
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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x
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
Illinois Code of Civil Procedure
Article II, Part E
Rule 207, Signing and Filing Depositions
Signing and Filing Depositions
(a) Submission to Deponent; Changes; Signing.
Unless signature is waived by the deponent, the
officer shall instruct the deponent that if the
testimony is transcribed the deponent will be
afforded an opportunity to examine the deposition
at the office of the officer or reporter, or
elsewhere, by reasonable arrangement at the
deponent's expense, and that corrections based on
errors in reporting or transcription which the
deponent desires to make will be entered upon the
deposition with a statement by the deponent that
the reporter erred in reporting or transcribing the
answer or answers involved. The deponent may not
otherwise change either the form or substance of
his or her answers. The deponent shall provide the
officer with an electronic or physical address to
which notice is to be sent when the transcript is
available for examination and signing. When the
deposition is fully transcribed, the officer shall
deliver to the deponent, at the address supplied,
FILED DATE: 8/28/2026 10:56 PM 2024L005346
notice that it is available and may be examined at
a stated place at stated times, or pursuant to
arrangement. After the deponent has examined the
deposition, the officer shall enter upon it any
changes the deponent desires to make, with the
reasons the deponent gives for making them. If
the deponent does not appear at the place specified
in the notice within 28 days after the mailing of
the notice, or within the same 28 days make other
arrangements for examination of the deposition, or
after examining the deposition refuses to sign it,
or after it has been made available to the deponent
by arrangement it remains unsigned for 28 days, the
officer's certificate shall state the reason for
the omission of the signature, including any reason
given by the deponent for a refusal to sign. The
deposition may then be used as fully as though
signed, unless on a motion to suppress under Rule
211(d) the court holds that the reasons given by
the deponent for a refusal to sign require
rejection of the deposition in whole or in part.
(b) Certification, Filing, and Notice of Filing.
(1) If the testimony is transcribed, the officer
FILED DATE: 8/28/2026 10:56 PM 2024L005346
shall certify within the deposition transcript that
the deponent was duly sworn by the officer and that
the deposition is a true record of the testimony
given by the deponent. A deposition so certified
requires no further proof of authenticity
(2) Deposition transcripts shall not be filed with
the clerk of the court as a matter of course. The
party filing a deposition shall promptly serve
notice thereof on the other parties and shall
file the transcript and any exhibits in the
form and manner specified by local rule.
DISCLAIMER: THE FOREGOING CIVIL PROCEDURE RULES
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE ABOVE RULES ARE CURRENT AS OF APRIL 1,
2019. PLEASE REFER TO THE APPLICABLE STATE RULES
OF CIVIL PROCEDURE FOR UP-TO-DATE INFORMATION.
FILED DATE: 8/28/2026 10:56 PM 2024L005346
COMPANY CERTIFICATE AND DISCLOSURE STATEMENT
Veritext Legal Solutions represents that the
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as submitted by the court reporter. Veritext Legal
Solutions further represents that the attached
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documents as submitted by the court reporter and/or
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FILED DATE: 8/28/2026 10:56 PM 2024L005346
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