NATIONAL BOARD OF TRIAL ADVOCACY

2015

TOURNAMENT OF CHAMPIONS

CASE FILE

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TABLE OF CONTENTS

A. OFFICIAL RULES NBTA TOURNAMENT OF CHAMPIONS 2015……………… 4- 6

B. INDICTMENT………………………………………...…………………..................... 7

C. STATEMENT OF THE CASE………………………………………………………… 8

D. STIPULATIONS AS TO EVIDENTIARY MATTERS………………………………. 9 -11

E. SWORN STATEMENT OF POLICE OFFICER COREY WILCOX………………. 12-21

F. SWORN STATEMENT OF DARYL JACKSON……………………………………. 22-34

G. GRAND JURY TESTIMONY OF DR. ONDE CASE………………………………. 35-40

H. SWORN STATEMENT OF DR. MARTY BADDLEY……………………………… 41-43

I. FINAL JURY INSTRUCTIONS……………………………………………………… 44-55

J. VERDICT OF THE JURY…………………………………………………………….. 56

K. EXHIBITS………………………………………………………………………………. 57

1. AUTOPSY REPORT BY DR. MARTY BADDLEY………………… 58-62

2. BULLET ENTRY (DIAGRAM #1) BY DR. ONDE CASE……........ 63

3. PRELIMINARY AUTOPSY DIAGRAM BY DR. BADDLEY……… 64

4. SAINT LOUIS UNIVERSITY TOXICOLOGY REPORT................ 65-66

5. CRIME LAB ANALYSIS REPORT…………………………………. 67-69

6. LAB REPORT FOR JARED WILCOX……………………………… 70-72

7. ER DISCHARGE REPORT FOR JARED WILCOX………………. 73-76

8. DIAGRAM OF CRIME SCENE……………………………………… 77 9. POST-MORTEM EXAMINATION………………………………….. 78-84

10. CURRICULUM VITAE OF DR. MARTY BADDLEY….................. 85-89 11. PHOTOGRAPH OF JASON WHITE………………………………... 90 12. PHOTOGRAPH OF THE BODY OF JASON WHITE…………….. 91

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IN THE DISTRICT COURT IN AND FOR NIBTA COUNTY, MO ----------------------------------------------------------- STATE OF MISSOURI § § §

v. § No. CR-14-3647

§ § COREY WILCOX, Defendant § ____________________________________

Prepared by:

The Honorable David C. Mason 22nd Judicial Circuit 920 N. Vandeventer St. Louis, MO 63108

Copyright 2015 National Board of Trial Advocacy

All Rights Reserved

This case file was commissioned by the National Board of Trial Advocacy and was prepared by the Honorable David C. Mason

Revised as of September 21, 2015

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OFFICIAL RULES NBTA TOURNAMENT OF CHAMPIONS 2015

1. Tournament Directors: The Tournament Directors are, for purposes of the Tournament of

Champions, the final decision makers on all questions regarding the interpretation of these rules, all matters of administration of the tournament, any protests, and those decisions shall be final.

2. Team Composition: Each invited school shall field a team consisting of four students

currently enrolled in the sponsoring law school’s J.D. program, as well as a non-student advisor. For each round, two students will be advocates and two students will play their witnesses. Advocates and witnesses may change their roles from round to round, but not during a single trial. All communication with the Tournament Director must be from the advisor, not the students.

3. Model Rules: The Model Rules for Mock Trials, modified to allow only necessary inferences

and modified to utilize a standard protest procedure (as described below) will apply for this tournament. By participating in Tournament of Champions, all participants (including advocates, witnesses, coaches and advisors) pledge to abide by those rules. If there is any conflict between the MRMT and the TOC Rules, the TOC rules will be applied. See MRMT 1.1

4. Anonymity: Teams shall be identified to judges only by a letter assigned by the Tournament

Director. No team member, coach, or person associated with a team shall directly or indirectly attempt to communicate the identity of a team to a judge, and no judge shall attempt to discover that information. Students and advisers shall be careful not to have books, notepads or any other paraphernalia identifying a particular school. See MRMT 3.0

5. Scouting: Except in the final round, no coach or other person associated with a team may

be present during any part of a round in which that team is not competing. In the semi-final rounds, person associated with eliminated teams may observe, but may not thereafter describe their observations to the finalists. See MRMT 5.1

6. Assistance: Coaching of a team, including conversations, notes or gesturing, is prohibited

during a round INCLUDING recesses and breaks. Team members MAY talk to all four members of their own team. See MRMT 5.0

7. Timing: Each team shall be allotted eighty (80) minutes to conduct its case. An additional

five (5) minutes per side shall be allowed for pretrial motions in limine and housekeeping matters. The clock shall be stopped for objections and responses to objections. The presiding judge or tournament director may extend these time periods only 1) where an opponent used excessive time either in answering questions or making objections, 2) to resolve time keeping mistakes or 3) to address an inequity. See MRMT 2.15

8. Trials: Each trial will consist of opening statement, direct and re-direct examination and

cross examination of two witnesses per side and closing argument. Each advocate must conduct either an opening statement or a closing argument, one direct examination, and one cross examination. Re-direct examination, limited to the scope of cross examination, is permitted. Re-cross examination is generally not permitted unless it is being used solely to impeach a witness on a fact testified to for the first time on re-direct that is either directly impeachable or impeachable by omission. During opening statement and closing argument,

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objections and arguments must be made and responded to only by the advocate assigned to make the corresponding argument. During the testimony of the witness, objections and arguments must be made and responded to only by the advocate assigned to examine or cross-examine the witness. Either or both advocates may address preliminary motions and housekeeping matters. Witnesses may NOT take any papers or other aids to memory with them on the witness stand. This does not preclude an advocate from refreshing a witness’ recollection or using exhibits, insofar as the same is consistent with the rules of evidence. See MRMT 2.13

9. Witnesses: All witnesses MUST acknowledged their signature as their own. 10. Applicable Law: The Federal Rules of Evidence and the Federal Rules of Criminal

Procedure shall control. Only those rules, and the law provided in the fact pattern shall be used in argument. Specifically, no statutory, regulatory, or case law shall be cited except for what is provided in the fact pattern. Students may argue the comments or advisory notes to the Federal Rules of Evidence, but may not cite the cases contained therein.

11. Written Materials: No written briefs, motions, trial notebooks, list of advocates, list of

witnesses, exhibit lists or other written material shall be presented to the court. Pretrial motions in limine and motions for judgment as a matter of law MAY be made and argued orally. The presiding judge shall however, deny any motion for judgment for acquittal.

12. NECESSARY INFERENCE RULE: The TOC has adopted the MRMT, modified to allow only

necessary inferences. Teams must confine their presentations to the facts given in the fact pattern, any matters judicially noticeable under Federal Rule of Evidence 201, and those inferences that are absolutely necessary, inescapable and inevitable.

13. NECESSARY INFERENCE RULE: The Necessary Inference Rule will be strictly enforced.

Violators run the risk of having points deducted, ballots lost or rounds forfeited. This method of enforcement has been used in the past and will be used in the future if appropriate.

14. Discovery Order: A discovery order has been issued which instructed counsel to gather the

statements (including depositions, reports, etc.) of their witnesses and to exchange them in discovery. The order will instruct counsel to have their witnesses review their statements before trial and certify, under penalty of perjury, whether a) the information in those statements is true and correct and b) the witness has any information relevant to the matters discussed in the statements which is not contained in the statement, and if so, to add that information to the certification. The order instructed counsel to append the certifications to the statements and file the same with the court no less than 14 days before trial. Those documents are the ones in the case file.

15. Questions & Protests: All questions arising during the competition itself, including any

protest about the conduct of a round shall be addressed directly to the Tournament Director verbally as soon as possible after the matter arises. No protest will be considered if not filed within five minutes of the end of that round. The Tournament Director shall appoint a committee of coaches to act as the protest committee.

16. Impeachment: Except during closing arguments, no objections shall be made that the

opposing team is going “outside the record,” and any breach of the Necessary Inference Rule shall be addressed by means of impeachment. Should a witness be impeached by omission, the witnesses MUST admit, if asked, that the facts they have testified to are not in

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their deposition. It is a VIOLATION of the rules for the witness to say that they were not asked about those facts in their deposition. The answer should simply be, “I did not say that in my deposition.” The judges will be instructed concerning the significance of this form of impeachment in the mock trial context, and they are likely to account for unfair additions to the record in their scoring of that witness’ team. See MRMT 2.8, 2.9

17. Exhibits & Other Materials: Copies of any material contained in the fact pattern may be

made, and may be enlarged for demonstrative purposes. Further, any team may enlarge any exhibit, Jury Instruction, or other component of the problem to use as a demonstrative exhibit. No team may alter, modify, change or redact an Exhibit in ANY way. This does not apply to redactions ordered during a round by the presiding judge. Exhibit stickers may be removed from enlargements as well. Teams may also bring with them and use a flip chart or white board for the purpose of drawing demonstrative diagrams during the round (subject to any appropriate objections by counsel.) See MRMT 2.4

18. Judges & Evaluators: Judges and evaluators will be given only copies of 1) the case

summary, 2) the indictment and 3) the applicable jury instructions. Before the start of each round the Tournament Director shall instruct the judges: (1) to ignore regional variations of courtroom practice; (2) to judge the teams on the basis of performance and not the apparent merits of the case; and (3) not to announce the result of the round to the students. The Director may also give such other instructions as are appropriate.

19. Scoring: Scoring will be by points. No ties will be permitted on any individual ballot. 20. Rounds: There will be four preliminary rounds, all assigned at random. All teams will try the

case twice on each side. Teams will not meet each other twice in the preliminary rounds. 21. Rounds: The four teams to advance to the semi-final rounds will be selected based on the

following criteria used in the following order: (1) win/loss record; (2) total ballots; (3) total points; (4) sum of opponent’s records; and (5) coin toss. The semi-finalists shall be seeded based on their performance in the preliminary rounds, and the draw for the semi-final round shall seed 1 v. 4 and seed 2 v. 3. If the teams faced each other in preliminary rounds, they will reverse sides. Otherwise, the higher seeded team shall choose sides.

22. Rounds: In the final round, if the teams have faced each other in the preliminary rounds,

they will reverse sides. If the finalists had opposite sides in the semi-finals, they shall switch sides from the semi-finals. If the finalists had the same side in the semi-finals, the higher seeded team shall choose sides.

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IN THE DISTRICT COURT IN AND FOR NIBTA COUNTY, MO ----------------------------------------------------------- STATE OF MISSOURI § § §

v. § No. CR-14-3647

§ § COREY WILCOX, Defendant § ____________________________________

INDICTMENT

AUGUST 2014 TERM

THE GRAND JURY CHARGES THAT:

COUNT ONE (MURDER)

1. On or about August 9, 2014, in NIBTA County, Missouri, Corey Wilcox did intentionally and

knowingly cause the death of an individual, to wit: Jason White in violation of Missouri Penal Code, Section 19.01. *************************** A TRUE BILL *************************** _________________________ GRAND JURY FOREPERSON

TIM WOULTON NIBTA COUNTY DISTRICT ATTORNEY

By: Tammy Crowley

Tammy Crowley Assistant District Attorney

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STATEMENT OF THE CASE

This is a criminal action against Corey Wilcox. The State’s allegation is that on or about August 9,

2014, Corey Wilcox caused the death of Jason White by shooting White seven times (head, face,

chest, right upper and lower arm and right thumb). Mr. Wilcox has pled not guilty. Corey Wilcox

was a Police Officer on duty at the time. He encountered Jason White while on patrol. The state

alleges that Wilcox had no justification for shooting White. Wilcox reported and has stated that he

shot White in self-defense.

Witnesses will include:

1. Corey Wilcox - Defendant

2. Daryl Jackson – State’s Witness

3. Dr. Onde Case – Defendant’s Witness

4. Dr. Marty Baddley – State’s Witness

All witnesses are gender neutral.

These witnesses can only be called live by the party they are assigned to. Statements of these

witnesses may be used as allowed by the Federal Rules of Evidence or Criminal Procedure.

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STIPULATIONS AS TO EVIDENTIARY MATTERS PROCEDURAL MATTERS

1. Federal Rules of Criminal Procedure and Federal Rules of Evidence apply.

2. All statements were signed under oath.

3. The statements and depositions are complete transcripts and are true and correct descriptions of all events relevant to the case. After each statement was made and/or deposition was given the witness carefully reviewed their statement and/or deposition transcript to determine whether the answers contained were true and correct, and whether they had any additional information relevant to the matters therein. Each witness certified, in writing, under penalty of perjury, that the statement and/or deposition transcript was accurate and that they had no information relevant to the matters discussed other than what is discussed in their deposition. They certified that everything was covered and nothing was left out.

4. All exhibits in the file are authentic. In addition, each exhibit contained in the file is the original of that document unless otherwise stated on the face of the exhibit. All documents are stipulated to be accurate photocopies of the originals and are what they appear to be.

5. The indictment is not defective in any manner.

6. Other than what is supplied in the problem itself, there is nothing exceptional or

unusual about the background information of any of the witnesses that would bolster or detract from their credibility.

7. Each party must call the two witnesses on their witness list. All witnesses may be played by either gender unless the packet specifically indicates otherwise. All teams must inform their opponents of their witness’ genders at the coaches meeting.

8. All witnesses called to testify have identified the parties, other individuals, or

tangible evidence in prior testimony and will, if asked, identify the same at trial.

9. This competition does not permit a listed witness, while testifying, to “invent” an

individual not mentioned in this problem and have testimony or evidence offered to the court or

jury from that “invented’ individual.

10. “Beyond the record” shall not be entertained as an objection. Rather, teams shall

use cross-examination as to inferences from material facts pursuant to National Rules 7.4©, (D),

€ and (F), and 8.5. Any party wishing to file a complaint concerning a violation of this rule shall

use the procedure found in Rule 8.3.

11. The State and the Defendant must call the two witnesses listed as that party’s

witnesses on the witness list.

12. All exhibits in the file are authentic. In addition, each exhibit contained in the file

is the original of that document unless otherwise noted on the exhibit or as established by the

evidence. All exhibits are admissible unless determined by the trial judge, after appropriate and

timely objection, to be inadmissible pursuant to FRE 401-403 or 701-03. No objections as to

foundation, hearsay or any other objections are permitted.

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13. It is stipulated that no one shall attempt to contact the problem drafter about this

problem before the conclusion of the 2015 Tournament of Champions Competition Final Round.

Contact with the competition officials concerning this problem must be pursuant to the rules of

the competition.

14. 2015 is the year in which this case comes to trial.

15. If a party believes that a fact has been introduced during redirect examination that

violates stipulation 12, then said party may seek leave of court to re-cross-examine the witness

for the sole purpose of demonstrating that rule 12 has been violated. The Judge and evaluators

may take the answers on re-cross into consideration when determining their scores. Arguments

on this matter are not allowed.

16. Corey Wilcox was at all times a certified Police Officer employed by the NIBTA City

Police Department.

17. Corey Wilcox is white and was on duty in full uniform at the time of the shooting.

18. The gun used by Wilcox was issued to him by the NIBTA City Police Department.

19. Jason White was an African-American/black person.

20. Daryl Jackson is a gender neutral person.

21. The state is permitted reasonable latitude to argue that the shooting was, in whole

or in part, racially motivated. However, the state is prohibited from using unrelated but similar

events as evidence of motive. This means that the state may not argue or suggest that police

shootings, other than the present case, that suggest or imply racial conflict cannot be used as

circumstantial evidence of the defendant’s motive. If the defendant opens the door by

discussing such matters then the state may respond as permitted by the court. The judges will

be instructed to strictly enforce this rule. This case should be tried on facts and law in the

problem, and no mention should be made of other police shootings that have occurred including

the shooting in Ferguson last year.

22. The gun and bullets used in the shooting were seized for examination by a

ballistics expert. The bullets that entered the body of Jason White were scientifically determined

to have been shot from the gun fired by the defendant at White at the time White was fatally

wounded. The gun and bullets have been ruled inadmissible at trial under FRE 403 as there is no

dispute as to which gun fired the bullets that wounded and killed Jason White.

23. All ballistics findings referred to by the testifying pathologists were based on

findings by the ballistics expert noted in stipulation 20. These findings are reliable and

undisputed. The experts may reasonably rely upon the ballistic findings in the record.

24. All words used in this case file are to be given their common and ordinary

meaning or may be explained by a witness with reasonable knowledge.

25. Daryl Jackson was convicted at the age of 18 of perjury for testifying before a jury

that Jackson’s father did not beat his mother with a baseball bat. While eligible for five years

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imprisonment, Jackson was given three years’ probation. At the present time Jackson is 23

years old.

26. All motions on constitutional issues have been raised pretrial and the judge

denied the motion. Advocates shall not make any other motions or make any other objections at

trial based on constitutional grounds.

27. The statements of all four witnesses to be called are sworn statements given after

swearing to tell the truth before a notary public. All witnesses must acknowledge that their

statement is theirs and that they have sworn to their testimony as set out in their statement. All

witnesses must acknowledge that the signature at the end of the statement is theirs.

28. All statements, documents or physical evidence mentioned in the record but not a

part of this file have been excluded by mutual agreement between the state and defendant. The

defendant has expressly waived any constitutional evidentiary or statutory objection or motion

based on this evidence not being available for trial. This stipulation does not preclude

questioning the experts about evidence mentioned in the record.

29. The defendant has given notice to the state that he is claiming self-defense.

30. Mr. White is an African American male. The Defendant is Caucasian. All other

witnesses are race neutral and gender neutral.

31. Exhibit 1 was prepared by Dr. Marty Baddley. Exhibit 2 was prepared by Dr. Onde

Case. Exhibit 3 was prepared by Dr. Marty Baddley. Dr. Baddley and Dr. Case do not disagree as

to the location of the wounds as shown on Exhibit 3.

32. The photographs of Jason White attached hereto are fair and accurate depictions

of Jason White alive five days before his death (exhibit 11) and of the body of White laying on

Bottlefield (exhibit 12) at the spot where he fell after receiving the fatal shot to the head. Wilcox

and Jackson must testify in accord with this stipulation.

33. By order of Court the photographs of Jason White cannot be enlarged more than

8" x 11".

34. Daryl Jackson is from Nibta City. The convenience store is the Nibta Market. All

references to “Ferguson” are meant to be “Nibta City”.

35. Dr. Case, from the Medical Examiner's office, and Dr. Baddley, hired by the White

family, have reviewed everything in the case file prior to testifying.

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SWORN STATEMENT OF POLICE OFFICER COREY WILCOX

August 10, 2014 10:16 AM Detective Nibta County Police Department Bureau of Crimes Against Persons Det. = Det. Police Officer Corey Wilcox = C. WILCOX Attorney Unintelligible = UI 1 DET Today is Sunday, August 10, 2014 and the time is 10:16 2 a.m. This is Detective Rich Moore with the Nibta County 3 Police Department, Bureau of Crimes Against Persons. 4 DET I’m here in a conference room on the Division of Criminal 5 Investigation at the Nibta County Police Headquarters’ 6 building. Also present in the room with me is Detective Al 7 Sipowitz also of the Bureau of Crimes Against Persons, and 8 we are conducting an interview in reference to Nibta County 9 Complaint Number 14-43984 and an associated report 10 completed by Police Department at 14-12391. Also present 11 in the conference room is police officer…and would you say 12 your name for the recorder please? 13 C. WILCOX Corey Wilcox 14 DET And what is your DSN? 15 C. WILCOX 18452 16 DET This interview is being recorded. You’re okay with us 17 recording this, correct? 18 C. WILCOX Yes 19 DET Where are you from? 20 C. WILCOX Bucksnort, Mississippi originally. 21 DET How long have you been a police officer? 22 C. WILCOX Six years total. The past three years here as a police officer in 23 Nibta, and three years before that with the Bucksnort Police. 24 DET Why did you leave Bucksnort? 25 C. WILCOX I left because I got tired of the black City Councilmen constantly 26 accusing me of being a racist. I wanted to work for a department 27 that was not run by black people. So I quit and took a job here. 28 DET Okay. And this incident took place yesterday at 29 roughly 12:04 p.m. and yesterday would’ve been the 9th 30 of August. Okay, so on the 9th of August, what were your 31 duty hours? 32 C. WILCOX 6:30 a.m. to 6:30 p.m. 33 DET Okay, so a twelve-hour shift, right? 34 C. WILCOX Correct. 35 DET Okay. And, um, and you-when you were on duty on that day

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36 what were you wearing?

37 C. WILCOX My full department-issued uniform. 38 DET Okay, which consist of what? 39 C. WILCOX Duty boots, a dark navy cargo pants, a duty belt, a uniform 40 police department short-sleeve shirt, badge and radio. 41 DET Um, and then were you in a marked vehicle? Is that 42 correct? 43 C. WILCOX Yes. 44 DET Okay. What vehicle was that? 45 C. WILCOX It’s a Tahoe police vehicle. 46 DET Okay. And, it’s fully marked? 47 C. WILCOX Yes. 48 DET Okay, and it has lights on top? 49 C. WILCOX Yes sir. 50 DET Okay. What took place as you were driving down Bottlefield? 51 C. WILCOX Well, as I left, I heard on the radio that there was a stealing in 52 progress from the Nibta market on West Florissant. I heard a 53 brief description of black male with a black t-shirt. 54 DET. Then what? 55 C. WILCOX I was driving down Bottlefield westbound and observed what 56 looked like a black punk and his friend, with their pants hanging 57 down, walking in the center of the road on the center yellow line. 58 DET Okay. 59 C. WILCOX Um… 60 DET Roughly, where were you at on Bottlefield? Do you know? 61 C. WILCOX Right about in this area right here. 62 C. WILCOX They had been walkin’ in the middle. I remember seeing

63 two cars I believe go around them and they hadn’t moved. I

64 pulled up to ‘em stopped with them about at my hood as they

65 kept walking towards me. I told ‘em, “Hey guys, why don’t

66 you walk on the sidewalk.” The first one said, “We’re

67 almost to our destination” and pointed this direction. So, I

68 guess that’s northeast.

69 DET Okay. 70 C. WILCOX Um… 71 DET So you’re pointed into the complex there? 72 C. WILCOX Yes. 73 DET Okay. 74 C. WILCOX I said, “Okay, but what’s wrong with the sidewalk.” And then 75 that was as they were passing my window the second 76 subject said, “Fuck what you have to say.” 77 DET Okay. 78 C. WILCOX And, then after that I put the vehicle in reverse, backed up 79 about ten feet to ‘em, a, attempted to open my door. Prior to 80 backing up I did call out on the radio. I said “Frank 21, out

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81 with two, send me another car.” 82 DET Did you identify the location where you were at? 83 C. WILCOX I said on Bottlefield. I don’t think I said the hundred…or the 84 block, but Bottlefield’s only this section. 85 DET Okay. 86 C. WILCOX A, I could’ve said 3000 which is right here, so I’m right at the 87 intersection. I back up ten feet, I go to open my door, 88 say “Hey, come here.” He said, “What the fuck are you 89 gonna do?” And, he shut my door on me. A, the door was 90 only open maybe a foot. I didn’t have chance to get my leg 91 out. I shut the door and he came and approached the door. 92 I opened the door again trying to push him back tell him to 93 get back. He said something. I’m not sure exactly what 94 it was and then started swinging and punching at me from 95 outside the vehicle. 96 DET Okay. So, he’s outside the vehicle? 97 C. WILCOX Correct. 98 DET And, where are you at this point? 99 C. WILCOX Sitting in the driver’s seat. 100 DET Okay. And, the door is, is open… 101 C. WILCOX Shut. 102 DET …closed? And, how’d it shut? 103 C. WILCOX It’s shut. He has his body against the door preventing me 104 from opening it. 105 DET Okay. How is he-how is he preventing you from opening it? 106 Body against it or…? 107 C. WILCOX Body against it. 108 DET …arms or hands or… 109 C. WILCOX And was…at that point it was his body ‘cause his stomach 110 was against the door. His hands were inside on me. 111 DET Okay. 112 C. WILCOX When he shut the door the second time he put his hands on 113 the windowsill and shut the door and then approached the 114 door with his body against it and he was a heavier set taller 115 subject enough to where he had to duck his head to come 116 into my vehicle and he entered my vehicle with his hands, 117 arms, and his head…assaulting me. He a… 118 DET How is he assaulting you? 119 C. WILCOX The first time he had struck me somewhere in this area but it 120 was like glancing blow ‘cause I was able to defend a little bit. 121 After that he, I was doing the, just scramblin’ tryin’ to get his 122 arms out of my face and him from grabbin’ me and everything 123 else. He turned to his…if he’s at my vehicle, he turned to his 124 left and handed something to the first subject. He said, “Here 125 take these.” He was holding a pack of-several packs of 126 cigarillos which was just, what was stolen from the Market

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127 Store, was several packs of cigarillos. He said “Here hold 128 these” and when he did that I grabbed his right arm tryin’ just 129 to control something at that point. Um, as I was holdin’ it, 130 and he came around he came around with his arm extended, 131 fist made, and wrnt like that straight at my face with his…a 132 full swing with his left hand. 133 DET And, that’s the hand that he had used to hand off the… 134 C. WILCOX Correct. 135 DET …the cigarillos 136 C. WILCOX Correct. 137 DET Okay, did he have anything in his hand at that point? 138 C. WILCOX After he hit me the second time? 139 DET Right. 140 C. WILCOX No. 141 DET When you, you said, you identified that he came around with 142 a full swing. 143 C. WILCOX Yes. 144 DET How was his hand? 145 C. WILCOX It was closed. It was in a fist. 146 DET Okay. 147 C. WILCOX He hit me with this part of his hand, just like this across my 148 cheek. 149 DET Okay. 150 C. WILCOX Um, after that, it kinda jarred me back and I yelled at him 151 numerous times to stop and get back. I believe somewhere 152 in there I put my hand up tryin’ to just get him away from me 153 and there I was, I was already trapped and didn’t know what 154 he was gonna do to me but I knew it wasn’t gonna be good. 155 Had me, I physic…or mentally started thinking what do I do 156 next? I started off with my mace…couldn’t reach it with 157 my right hand. I was using this hand to block and all that. 158 And, I know how mace… 159 DET You were using your… 160 C. WILCOX …my left hand was blocking. 161 DET …and that’s closest to the door. 162 C. WILCOX Yeah. I was just trying to keep him off me and get him back. 163 Um, I tried to go for my mace, I couldn’t reach around my 164 body to grab it and I know how mace affects me 165 so if I used that in that close proximity I was gonna 166 be disabled per se. And, I didn’t know if it was even 167 gonna work on him if I would be able to get a clear shot 168 or anything else. Then like I was thinking like picturing 169 my belt going around it, I don’t carry a Taser so that option 170 was gone and even if I had one with a cartridge on there, it 171 probably wouldn’t have hit him anywhere. Next, I go to my 172 asp. I couldn’t get on it…it sits behind me I couldn’t’ reach it,

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173 and I was in a car I couldn’t expand it. I have a flashlight I 174 carry in my bag. My duty bag was on the passenger seat. I 175 wasn’t willing to give up more of my vehicle and my body to 176 him to lean over and grab it and turn away from him. I 177 thought I was already compromised enough. I drew my 178 firearm; I pointed at him…”stop I’m going to shoot you is 179 what I ordered him to get on the ground.” He said, “You’re 180 too much of a fuckin’ pussy to shoot me” and grabbed my 181 gun. When he grabbed my gun, he twisted it, pointed at me 182 and into my hip, pelvic area. 183 DET How did he grab it? 184 C. WILCOX With his hand over the top. I’m not sure which hand he 185 grabbed it with. 186 DET One hand or two hands or…? 187 C. WILCOX I think one but then I don’t know. 188 DET Okay. 189 C. WILCOX Um, I know his hand was around my trigger finger which was 190 inside the trigger guard. Um, and when he grabbed it he 191 pushed it down and angled it to where it was like this in my 192 hip. 193 DET Okay, and-and just for the purpose of the recording, can you 194 just explain what you’re demonstrating right now. 195 C. WILCOX The, my firearm was in his control around my hand pointed 196 directly into my hip. 197 DET Okay, you’re-you’re holding the gun in your… 198 C. WILCOX …right hand.

199 DET …right hand. Okay, and your right hand is holding the gun 200 and the gun is now being pointed into your left hip. 201 C. WILCOX Correct. 202 DET Okay. Go ahead and continue. 203 C. WILCOX At that point, I was guaranteed he was going to shoot me. 204 That’s what I thought his-his goal was. He had already 205 manipulated I was not in control of the gun. I was able to tilt 206 myself a little bit and push it down and away towards the 207 side of my hip and kinda lock my wrist into my leg to where 208 he couldn’t get it back up ‘cause I didn’t have enough 209 strength to come up and force him off of me. He was-he had 210 me completely overpowered while I was sittin’ in the car. 211 Then I took my left arm and I pinned it against my back seat 212 and pushed the gun forward like this. 213 DET Okay, and just for the purposes of the recording again, just 214 explain what you’re don’. 215 C. WILCOX My left elbow locked into the back of my seat… 216 DET Okay. 217 C. WILCOX …took my left hand, placed it against his and my hand on 218 the side of my firearm and pushed forward both of my arms.

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219 DET Towards what would be the steering wheel then? Is that… 220 C. WILCOX Yes. 221 DET Okay. 222 C. WILCOX It ended up being right about where the door handle is on 223 the Tahoe. 224 DET Okay. 225 C. WILCOX When it got there I saw that it was somewhat lined up with 226 his silhouette and pulled the trigger. Nothing happened. 227 Pulled it again, nothing happened. Um, I believe his fingers 228 were over in between from the hammer and the slide 229 preventing it from firing. 230 DET Okay. 231 C. WILCOX Um, I tried again. It fired. When it fired, my window had 232 been down the entire time. Glass shot up. The first thing I 233 remember seeing is glass flyin’ and blood all over my right 234 hand on the back side of my hand. Um, he looked like he 235 was shocked initially but, and he paused for a second and 236 then he came back into my vehicle and attempted to hit me 237 multiple times. 238 DET Okay, you said came back in your vehicle. What do you 239 mean? 240 C. WILCOX He had, after I had shot and the glass came up, he took like 241 a half step back and then realized he was okay still I’m 242 assuming. He came back towards my vehicle and ducked in 243 again his whole bod…whole top half of his body came in and 244 tried to hit me again. Um… 245 DET How is he tryin’ to hit you? 246 C. WILCOX Fist, grab, I mean just crazy. Just random, anything he 247 could get a hold of swingin’ wildly. And then at that point I 248 put my hand up like this and tried to fire again and my left 249 hand was up blocking my face. 250 DET Okay. 251 C. WILCOX Um, my right hand was still on my lap pointing towards the 252 door handle. I tried to fire again, just a click. Nothing 253 happened. After the click, I racked it and as I racked it, it just 254 came up and shot again. Um… 255 DET And, just for the purpose of racking, you’re –you’re meaning 256 what? 257 C. WILCOX I took the slide and cleared the chamber…the round out 258 thinking it was jammed. 259 DET Okay. 260 C. WILCOX Um, after the round was cleared out I brought it up and I shot 261 again. When I shot that time, I was still in this position 262 blocking myself and just shooting to where he was ‘cause he 263 was still there. Um, when I turned and looked, I realized I 264 had missed I saw like dust in the background and he was

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265 running eastbound on Bottlefield. 266 DET Okay, and you said you shot that second time, right? Where 267 did that round…did you shoot that round through…at the 268 door or the window, or…? 269 C. WILCOX I’m not sure. 270 DET Okay. 271 C. WILCOX I’m not exactly sure. It was just one of these to get him off 272 me. 273 DET Okay. 274 C. WILCOX Um, he ran east on Bottlefield. I exited my vehicle and I 275 said, I got on the radio and said, “Shots fired. Send me 276 more cars.” It wasn’t found till later my radio had been 277 switched in the struggle, my person radio to channel three. 278 DET What side of your body is your radio on? 279 C. WILCOX My left side. 280 DET Okay, and you carry that on your belt?

281 C. WILCOX Yes. 282 DET Okay. 283 C. WILCOX Um, it’s on one of the swivel holsters so it always faces up 284 when I’m sittin’ down. 285 DET Okay, and what’s channel three for you guys? 286 C. WILCOX I believe it’s county radio. 287 DET Okay. 288 C. WILCOX Um, our channel…our main channel is channel one. So, I get 289 out, I say that. He runs from this intersection where I 290 originally told you towards this entrance to this parking lot. 291 Um… 292 DET Okay, and you’re sayin’ that you were originally at Bottlefield 293 and Copper Creek, right? 294 C. WILCOX Can I draw on this for you? 295 DET Absolutely. 296 C. WILCOX My vehicle was like (mumbles pen not working) was like right 297 there, if you can see that. 298 DET Okay. 299 C. WILCOX He had ran around my vehicle in this direction. 300 DET Okay. 301 C. WILCOX I exited. I followed him in that direction. After I said on the 302 radio, “Shots fired. Send me more cars’, I was yelling at him 303 to stop and get on the ground. He kept running and then 304 eventually he stopped in this area somewhere. When he 305 stopped, he turned, looked at me, made like a grunting noise 306 and had the most intense aggressive face I’ve ever seen on 307 a person. When he looked at me, he then did like the 308 hop…you know like people do to start running. And, he 309 started running at me. During his first stride, he took his 310 right hand put it under his shirt and into his waistband.

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311 And I ordered him to stop and get on the ground again. He 312 didn’t I fired, a, multiple shots. After I fired the multiple shots I 313 paused for a second, yelled at him to get on the ground 314 again, he was still in the same state. Still charging hands 315 still in his waistband, hadn’t slowed down. I fired another set 316 of shots. Same thing, still running at me hadn’t slowed 317 down, hands still in his waistband. He gets about eight to 318 ten feet away, a he’s still coming at me in the same way. I 319 fired more shots. One of those, however many of them hit 320 on him in the head and he went down right there. When he 321 went down his hand was still under his, his right hand was 322 still under his body looked like it was still in his waistband. I 323 never touched him. I said um, got on the radio and said, 324 “Send me every car we got and a supervisor.” Fifteen to 325 twenty seconds later, two marked cars show up, code three 326 sirens and lights on. They started blocking everything off. A 327 moment later my supervisor shows up and he sent me to the 328 police station. 329 DET Okay, Alright, um, you exit your vehicle… 330 C. WILCOX Yes. 331 DET …right? And, obviously, this map we’re looking at here is

332 not to scale. I don’t have any expectation that we’re talking

333 on scale here, okay. Roughly, how far do you think he-he

334 runs?

335 C. WILCOX Originally, 20 to 30 feet. Playing it back last night, there 336 were two cars parked behind me. He ran past that 337 second car. 338 DET Okay. 339 C. WILCOX I didn’t run as far as him. I stopped and I gave myself at 340 least a 20-foot gap between me and him. ‘cause when he 341 stopped running, I stopped running. He had already had a 342 head start on me and I maintained that distance whenever 343 he stopped. So, I don’t know the exact. I can’t give you a 344 number. 345 DET Okay, alright. And, what are the commands you’re sayin’ as 346 you’re running? 347 C. WILCOX “Get on the ground.” 348 DET Okay. And, does he comply? 349 C. WILCOX Never. 350 DET At any point? 351 C. WILCOX Never. 352 DET He turns around? 353 C. WILCOX Yes. 354 DET Right? And, what’s his posture at that point? 355 C. WILCOX Very aggressive. Um, he is I don’t really know how to 356 describe it. Um, he turns, I looked at his face. It was just

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357 like intense. It was, I’ve never seen anybody look that, for 358 lack of a better words, crazy. I’ve never seen that. I mean, it 359 was very aggravated, um aggressive, hostile. Just, you 360 couldn’t, you could tell he was lookin’ through ya. 361 There was nothin’ he was seeing. Um, he had kind of, he 362 did like that hop and started running and when he did he was 363 kinda leaning forward a little bit and then right as he started 364 his hand went in his pants. 365 DET Okay. And, you said his hand went in his pants and what 366 hand are we talkin’ about? 367 C. WILCOX His right hand. 368 DET Okay. And, you said you stopped, correct me if I’m wrong, 369 but 20-roughly 20 feet away from him right? 370 C. WILCOX Correct. 371 DET What was, what was that distance…and I know we’re-we’re 372 not talkin’ exact but did you maintain that distance or did it 373 get closer? 374 C. WILCOX I did not maintain it. It did get closer but not at the rate of 375 which it could’ve if I had stood still. I was backing up. When 376 he started running, I started backing up after the first round 377 of shots and he still hadn’t gone down and was still coming 378 just as fast as he was, I backed up at a faster rate. The 379 entire time I was going backwards. 380 DET How far do you think you were backing up? 381 C. WILCOX I probably backed up at least ten feet in the process. 382 DET Okay. What type of weapon do you carry? 383 C. WILCOX The Sig 229 384 DET 229. 385 C. WILCOX Yeah, it’s the same (UI). 386 DET What caliber is it? 387 C. WILCOX It’s a .40 caliber. 388 DET Okay. And how many rounds does that weapon hold? 389 C. WILCOX It holds 12 in the magazine and I had one in the chamber. 390 DET Were you injured? 391 C. WILCOX I had, um, some redness to my left jaw line then I had 392 swollen right cheek and jaw. I had scratches on my back 393 and neck, on my shoulders. I guess my shoulders up to my 394 hairline was scratches and red marks. 395 DET Okay. Um, and then the other question I would have is, 396 can you describe the um, you said there were two subjects. 397 The first subject I guess the one that-that fled, um from the 398 stop…can you describe him to me? 399 C. WILCOX Shorter person, 5-5ish, 120-130 weight, 400 black shirt, brown shorts, unsure of footwear 401 or socks, had, not full-length dreads but you know the like 402 long twisty dreads all over his head.

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403 DET Um, have you ever seen either one of these individuals 404 before? 405 C. WILCOX I did not recognize either one. I have carefully reviewed the above statement to determine whether the answers contained are true and correct, and whether I had any additional information relevant to the matters therein. I hereby certify, under penalty of perjury, that the statement is accurate and I have no information relevant to the matters discussed other than what is discussed in this deposition. Everything was covered and nothing was left out.

Corey Wilcox Signature: Corey Wilcox

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Sworn Statement of Witness 1 - Daryl Jackson

August 13, 2014 3:41 PM Detective Nibta County Police Department Bureau of Crimes Against Persons DET = Detective BOSLEY = David Bosley Unintelligible = UI 1 DET Today is Wednesday, August 13, 2014 and the time is 3:41 2 p.m. This is Detective Tom Stolt with the Nibta County 3 Police Department, Bureau of Crimes Against Persons, DSN 4 DET I’m here in the law offices of Mason, Bosley and Associates. 5 BOSLEY Okay, but what did you and Jason do before you met up with 6 Officer Wilcox. 7 D. JACKSON Yes, we went to the store. The store, the Nibta Market on 8 West Florissant. Let me see, is it on here. Okay, it’s West 9 Florissant and Ferguson. 10 DET Yes sir. 11 D. JACKSON The Nibta Market 12 DET Uh huh. 13 D. JACKSON Had cigarillos now there was an incident at the Nibta 14 Market where the a cigarillos, not cigarettes, a cigarillos 15 were by law stolen but not in a manner to where it was 16 forceful or ya know a weapon was drawn. It was almost like 17 he just grabbed ‘em. 18 DET Okay. 19 BOSLEY Just tell ‘em what happened. 20 D. JACKSON Alright, a we’re at the store, he walked…he’s standing in 21 front of the clerk. And the clerk, asked him what does he 22 need? He says, he wants some cigarillos, now at almost at 23 the same time he’s sayin’ he wants some cigarillos, he didn’t 24 do like a snatch and grab motion… 25 DET Okay. 26 D. JACKSON …so like he was just reaching into his own cabinet. He just 27 leaned over and grabbed cigarillos. He handed me a box of 28 Swisher small mini sixty-nine cents the whole box. Now it’s 29 not common for people to buy a whole box, awe it’s probably 30 $50.00 at the most. Um, then after he gave me the box, he 31 turned back around facing the store clerk. Now, the first 32 grab the store clerk he did not, he didn’t do anything. He just 33 basically stood there. 34 DET Okay.

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35 D. JACKSON He went back again to grab some more cigarillos. But again, 36 it was like reaching into your own cabinet ‘cause it wasn’t a 37 snatch and grab, so it was lean forward and grab and come 38 back. Now, at this time I had no idea what was going on 39 ‘cause like I said, I see people buying a lot of packs of ‘rillos 40 at a point in time is not strange. Um, it wasn’t until I saw him 41 turn without saying anything to the store clerk to walk out the 42 exit that I figured out what was going on and so I 43 immediately set the box that I had that he had given to me 44 back on the counter. 45 DET Uh huh. 46 D. JACKSON And, it was almost like the store clerk was in shock because 47 we was almost, if we really wanted to, we could’ve just ran 48 right out the door but we walked. We walked, we walked 49 straight to the door. The store clerk did come around and 50 just stood in front of the door and kinda held his hands up in 51 a stop motion. My friend, Jason White, he didn’t wrestle or 52 punch the man of pull any weapon out on him. Man, he put 53 his hand on him…one hand and just moved him out the way. 54 Now, the man didn’t fall on the ground so I can tell he didn’t 55 use that much force. The man kinda stumbled over and we 56 continued to walk, walk. Not run or speed walk. It was a 57 slow walk. He opened the door and I walked right behind 58 him. Now, we get out the store, we’re back on West 59 Florissant now we’re walkin’ back to Bottlefield. We have, 60 well I have nothing in my hand at that time. The trousers 61 that I had on had no pockets. I had on a tank top so… 62 DET Uh huh. 63 D. JACKSON …I had no way of puttin’ anything into my pockets. I had no 64 pockets. Jason White, Big Jason, if that’s okay if I say Big 65 Jason. 66 DET Yeah, no, go ahead. Yeah. 67 D. JACKSON Big Jason he did have pockets but he never at one point of 68 time put anything in his pockets. He was still holding all the 69 ‘rillos in his hands. It was both his hands was filled. He 70 couldn’t even close his hands. 71 DET Okay. 72 D. JACKSON As we’re walking down West Florissant, now I, leavin’ the 73 store I heard the man say that he could call the police and it 74 kinda threatened me. It got me nervous. 75 DET Sure. 76 D. JACKSON So, we still not running. Fast-pace walking we still, same 77 pace walking to the store, we walk in front of the store, just 78 as normal and calm in plain day and we’re walking down, 79 we-we not even at a, fully passed McDonald’s ‘cause we’re 80 not-we’re not on the same side of the store anymore…

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81 DET Okay. 82 So, when you walked, do you walk this way to Bottlefield? 83 D. JACKSON Bottlefield, yeah, but… 84 DET Okay. 85 D. JACKSON …upon the time walking on West Florissant I saw police 86 cars. 87 DET Uh huh. 88 D. JACKSON It made me a little nervous ‘cause I thought well, he just 89 called the police. 90 DET Yeah. 91 DET And you, when you’re referencing he you’re talking about 92 who? 93 D. JACKSON The store clerk. 94 DET Okay. 95 D. JACKSON So, the strangest thing happened though, ‘cause none of 96 the police cars that we saw driving down West Florissant 97 even stopped at the store. One stopped at McDonald’s, one 98 kept goin’ and I didn’t really pay attention to where the other 99 one goin’ but I know for sure they didn’t stop at the store. So 100 that’s when I kinda figured that he probably try to scare us 101 ‘cause I don’t think he made the call at all. 102 DET He’s bluffin’ ya. 103 D. JACKSON That’s what I thought. 104 DET Okay. 105 D. JACKSON Um, we make it to Bottlefield now and, like I said we’re 106 walking down Bottlefield. We made it down two or three 107 blocks before we hit the leasing office and that’s the 108 beginning of the apartments. 109 DET So, you’re still in the residential area? 110 D. JACKSON Yeah, we’re still in that area and I said, like I said we’re 111 about two or three blocks down now, we’re right-right at the 112 beginning of the leasing office which should be right, yeah 113 right about this section is where we initially stepped into the 114 street and I was on the sidewalk the whole time until we got 115 to that point. And then, we stepped into the street. When 116 we got in the street, we was in the middle of the street on the 117 double yellow lines… 118 DET Okay. 119 D. JACKSON And now we’re walkin’ east towards both of our home ‘cause 120 I stay to the right; he stays to the left. 121 DET Okay. 122 D. JACKSON He was staying with a friend at the time. So, we’re walkin’ 123 down the middle of the street and at that point in time there 124 was no traffic, no cars coming. But a few minutes of walking 125 down the street, traffic began to flow. But, it was like we 126 were not interrupting anything, no horns were honked,

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127 nobody screamed or yelled out their window, “hey kids get 128 out of the street. 129 DET Uh huh. 130 D. JACKSON “You’re in our way” or anything like that. No one had to 131 make any adjustments to drive. And there were three cars 132 going east; four cars coming back I mean coming towards us 133 so out of those cars no one said anything to us. And, we’re 134 walkin’ in the middle of the street. The officer’s vehicle was 135 coming towards West Florissant as we’re walkin’ east so 136 he’s approaching us and if they had dash cameras, ‘cause I 137 heard they didn’t…if they had that, it would show that I was 138 walking and he was standing behind me walking so we like 139 in a straight line almost. 140 DET Single file. 141 D. JACKSON Single file line, walking straight on the double yellow lines. 142 When the officer pulled up, there was no traffic flowin’ and 143 he pulled up and he-he stopped on the side of us. His initial 144 words were not a “freeze” or “halt” like he had-was a 145 answerin’ to a call or anything like that. 146 DET Uh huh. 147 D. JACKSON His first words that came out of his mouth was, “Get the ‘F” 148 on the sidewalk.” 149 DET Is he-is he still at this point in the westbound lane or 150 eastbound or…? 151 D. JACKSON No, he’s still in the westbound lane. 152 DET Okay. 153 D. JACKSON And he’s fully, like straight-he’s straight at this point in the 154 westbound lane. 155 DET Sure. Okay. 156 D. JACKSON And, we’re , the way he’s parked on the side of us is almost 157 like his body is, ya know, in between us ‘cause we’re so 158 close to each other. 159 DET Okay. 160 D. JACKSON When he says “Get the ‘F” out the street” my friend Big 161 Jason, he didn’t open his mouth. He didn’t say anything. At 162 that time, I was the only person that spoke. 163 DET Uh huh. 164 D. JACKSON I told the officer we was less than a minute away from our 165 destination which we were, ‘cause I stayed down the street, 166 and we would be out of the street shortly. I didn’t feel like I 167 said anything wrong. I didn’t raise my voice in a threatening 168 manner, it was as calm as I’m talkin’ to you now and we 169 continued to walk because I felt like the officer was finished 170 with us because he didn’t make a-a like he was stopping us 171 for something. But, more than giving an order to just get out of 172 the street and I’m gonna keep goin’, basically. It was then that

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173 the officer said “I’m sick of you coons walking down the street 174 with your pants hanging down,” real angry like. Then I told the 175 officer that we’re a minute away from our destination and 176 we continued to walk, proceeded to walk and we thought 177 the officer continued to drive forward but we heard 178 his tire-we heard his tires screeching because when he 179 reversed his vehicle he did it at a rapid speed to where he 180 probably had to put on the brakes ‘cause his car---his truck 181 ‘cause it’s not a car, his truck it slanted towards us 182 and we heard the tires we looked immediately and 183 had to step back like stand straight, step back or the 184 rear end of his vehicle would have hit one of us if not both of 185 us and now how he turned his car, brought it in reverse, now 186 he’s blocking east and west ‘cause his car slanted… 187 D. JACKSON Okay, and Bottlefield’s very narrow street, so the Tahoe is 188 across the double yellow line? 189 D. JACKSON No. 190 DET Well then how’s he blocking it them? 191 D. JACKSON …not directly, ya know, vert…like comin’ across. 192 D. JACKSON But, more slanted. And, the Nibta police trucks, they’re kinda 193 long so people would have driven on the sidewalk and grass 194 to get around ‘em basically. 195 DET Okay. So, no one could drive around ‘em? 196 D. JACKSON No one could drive around ‘em. And, at that time there was 197 no cars. There was no traffic comin’ east, the direction we 198 was walkin’ but there was traffic comin’ west. Immediately 199 when the officer pulled up on he side of us slanted, now 200 we’re line-were back lined up face-to-face with him. And, he 201 says, “What did you say.” Almost like he heard somethin’ 202 while he was fittin’ to drive off. 203 DET Uh huh. 204 D. JACKSON Now, while he’s sayin’ “What did you say?” I could tell 205 that he’s angry ‘cause the way he said it, it was very 206 aggressive and he’s tryin’ to thrush his door open while he’s 207 sayin’ it but the way he reversed…now, if would’ve reversed 208 straight back, he wouldn’t have been that close to where the 209 door would’ve ricocheted off of us he probably would’ve 210 been able to open and step right out the vehicle. But, 211 because he’s so close to us and we didn’t know he was 212 about to get out he car or anything like that. We thought he 213 was comin’ back to say somethin’ else but we were so close 214 not an inch away when he thrushed the door open. Now, my 215 friend Big Jason, ya know, he’s very large. 216 DET Uh huh. 217 D. JACKSON I don’t know exact height or weight but he’s ten times bigger 218 than me.

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219 DET Okay. 220 D. JACKSON Um, he takes more of the door than me but I feel the door hit 221 me also…more around the handle and it recalled so fast I’m 222 like, “boom”, real quick. I could see if the officer mistook that 223 as a shove back because how fast it happened. So, almost 224 instant when the door closed back on the officer, his arm- 225 his left arm ‘cause I remember verbatim. I was standing- 226 I’m still in the window. I never moved. 227 DET Okay. 228 D. JACKSON His left arm came out the window and he placed it directly on 229 my friend’s throat. At this time, my friend, he’s angered but 230 not as much as I want to touch you anger so much as get 231 away from you anger. So, he-he has the frown face so he’s 232 makin’ his frown face ‘cause he’s angry. And, I understand 233 his ang-ya know if someone puts your-without sayin’ 234 anything else. And, I can tell he was grippin’ him because I 235 could see his muscles bulging at the… 236 D. JACKSON So like I said I can see that he’s applying pressure with his 237 grab because I can see his forearms tightening and ya know 238 his muscles bulging a little and the officer. 239 DET When you say, he? 240 D. JACKSON I’m-I apologize. The officer’s… 241 DET Okay. 242 D. JACKSON …a muscles are bulging. 243 DET Because he’s applying pressure you see his muscles 244 bulging. 245 D. JACKSON Yeah, I can see. Now, my friend Big Jason, like I said he 246 never put anything in his pocket. His hands are filled with 247 cigarillos. So, it’s almost like he really can’t get a-a good 248 grasp on the vehicle where he can pull himself all the way 249 back so now he’s tryin’ to a maneuver his body to where the 250 officer’s grip was slipped and now his-his arm is not on my 251 friend Big Jason’s neck anymore. It’s more along grabbin’ 252 his shirt and his shoulder and-but he never let go. The 253 officer never let go of my friend Big Jason. My friend Big 254 Jason never reached in the car to grab the officer back. It 255 was more like the officer, ‘cause at that time the officer did 256 not try to open his door again. He did not try to get back out 257 the vehicle. It was like he was tryin’ to pull my friend Big 258 Jason inside the car through the window. So, it’s not like his 259 head is comin’ in more than his chest-in his, ya know chest. 260 He’s tryin’ to pull him in. So, he’s pullin’ away. He’s tryin’ to 261 get away from the officer. The officer still hasn’t let him go 262 and he still hasn’t tried to open his door again. Now me, I’m 263 standing in shock, ‘cause I’m not a full inch away from 264 anything. I’m-I’m still standing right here watchin’ the tug-a-

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265 war. I’m still standing here. I see the officer’s face, angry. I 266 see my friend Big Jason face angry. I hear the words, my 267 friend Big Jason sayin’, “Get the “F” off me. Ya know, we’re 268 not doin’, anything wrong. Leave us the ‘F’ alone.” A… 269 DET Is he sayin; “F” or is he sayin’, just sayin’ what he was 270 sayin”? 271 D. JACKSON Okay, he was sayin’ “Get the fuck off me. We’re not doin’ 272 anything wrong. Leave us the fuck alone.” And, the officer, 273 he’s not so much saying anything anymore than tryin’ to 274 detain Big Jason but like I said. It’s-it’s like he’s tryin’ to pull 275 ‘em inside the window and my friends pullin’ away. And, it 276 was very strange and odd to me why the office-why they 277 were still goin’ on and the officer never tried to get back out 278 of the vehicle. 279 DET Can I ask you one question real quick and I don’t mean to 280 interrupt your train of thought. The car door…what’s the car 281 door. Tell me, describe the door of the car to me at this 282 point. 283 D. JACKSON The Nibta car door? 284 DET Yeah, the driver’s side door. 285 D. JACKSON It’s closed. It’s shut. The whole time they’re tuggin’ and 286 warin’ it’s closed. It’s shut. It’s not, tryin’ to open back up 287 and getting’ shut again, it happened one time and the door 288 shut. And, at this time, my friend Big Jason, he’s his anger 289 was turned face-to-face with me now and it’s like, the officer 290 has a grip on the back of his shirt. Still tryin’ to pull him not 291 like he was just holdin’ ‘em. Like, he was still pulling. And, 292 at that time my friend handed me both hands full of 293 cigarillos…he handed them to me and shocked and 294 unconsciously I-I-I grabbed ‘em. 295 DET Sure. 296 D. JACKSON …because ya know… 297 DET You’re in shock. 298 D. JACKSON Yeah, I don’t know what to do. Okay, I don’t know. And, at 299 this time once I fully grab all of the things out of Big 300 Jason’s hands, cigarillos he’s now turned back towards the 301 officer. The officer never let his grip go. He still had a hold on 302 Big Jason now. The whole time Big Jason’s hands were 303 filled, he never ever had to…he couldn’t get a grip on 304 anything let alone the officer. He couldn’t get a grip on 305 anything. Most thing he could do was use his strength to 306 pull away and once he handed me the cigarillos and now 307 they’re face-to-face with each other and I’m standing right 308 here with cigarillos watching officer and my friend in a tug-a- 309 war match; ‘cause it was not wrestlin’ because he never got 310 back out the car. He-he’s sittin’ down and we’re standin’ up.

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311 I never intervened. I never made a remark after he pulled 312 back I was so much in shock I couldn’t say anything. I could 313 just stand and watch. At this time, I heard the officer say, “I’ll 314 shoot.” Now, when he says “I’ll shoot” in my head, I’m 315 feelin’, I was thinkin’ taser, ya how…I’m consciously, I know 316 what officers have on they’re belt…taser ya know I’ve seen 317 people be tased before so…As I look into the window again 318 because at that time I was just staring at Big Jason seeing, 319 ya know was he goin’ ya know, pull off of him or was he 320 gonna let my friend go and try to get out the car again or 321 anything, but I’m in shock just staring at my friend Big Jason. 322 Now when he says “I’ll shoot”, I’ve been shot before. They 323 never took the bullet out. I’m very shell shocked. So, once I 324 hear that my attention immediately went back on the officer. 325 I know what taser guns look like and I definitely know what 326 real guns look like. It definitely was a barrel of a gun that I 327 was staring down. ‘cause it was almost, I’m littler than Big 328 Jason so it’s not in his face so much as it is in my face so I 329 can see what he has in his hand, what the officer was 330 holding in his hand. The officer pulled his weapon out and 331 he said for the second time, “I’ll shoot you.” At that time, the 332 gun went off for the first shot. My friend Big Jason was not 333 inside the vehicle like he never got my friend down to the 334 point where his whole top half of his body was inside the 335 window. 336 DET Okay. 337 D. JACKSON We were standing up and we were both standing up in a 338 upward motion, just standing. The officer’s still hold his left 339 hand with his arm, and now with his right hand he’s pointing a 340 weapon at us or Big Jason and the gun go off. When the 341 gun go off, it frightened me. I didn’t run as soon as the gun 342 go off so much as stepped and inched over the open window 343 because now I’m standing at the side…the second door ya 344 know, back door, so now… 345 DET Rear driver door. 346 D. JACKSON Rear driver door, so that’s where I’m standin’ now. I’m in 347 shock. Everyone’s in shock. I can tell everyone’s in shock 348 because the tug-a-war stopped. When I looked at my friend, 349 I see blood splatter under his right, I don’t know where he 350 was initially hit, but I definitely know he has hit with the first 351 shot because I instantly see blood on his white shirt. When I 352 see, yeah… 353 DET His right side? 354 D. JACKSON …comin’ down his right side. 355 DET On his torso right? 356 D. JACKSON Yeah, on his torso.

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357 DET Just describing for the mic. 358 D. JACKSON Yeah, coming down his torso. At that time when I saw the 359 blood, it furthermore frightened me. Now, I’m fearin’ for both 360 me and Big Jason’s life because I know now that he’s using 361 live ammunition and it is very deadly. I run. Big Jason sees, 362 he sees the shock in my eyes because he never looked, 363 when the first shot was fired, he didn’t really look at hisself. 364 He looked at me lookin’ at him and he say my eyes 365 just…you’re hit. I didn’t never say it but my eyes definitely 366 did. And, when he saw the fear in my eyes he know that we 367 were really, really in danger. So, and like I said it was 368 almost like everyone was shocked…me, Big Jason, and the 369 officer because the tug-a-war stopped. And, that was the 370 time he let my friend go and that’s why we were both able to 371 run at the same time. It’s not like I ran then he ran. After the 372 first shot, we both ran at the same time. We were runnin’ 373 more than a minute and some seconds or not, I don’t wanna 374 say a minute, let’s clarify that, seconds. 375 DET How about, how far did you go? 376 D. JACKSON I got to…by…at this time like I said there’s vehicles pulled up 377 in the westbound lane. 378 D. JACKSON Because I heard a scream in a car as we runnin’ by. And, 379 that’s what led me to see the first object to get behind ‘cause 380 I heard a…unconsciously I wasn’t payin’ attention. I was 381 runnin’ but I heard the scream and knew that alright 382 someone’s out here. I can hide. So I hid but I was still out in 383 plain sight because I was just crotched down slightly behind 384 the car in between the first car and he second car ‘cause 385 there’s three cars up now. So, between the first car and the 386 second car I’m crotched. 387 DET Okay. 388 D. JACKSON My friend Big Jason passed now. I can still sense the officer 389 didn’t get out the car. The officer was not out of his vehicle 390 yet at the time we were runnin’. My friend Big Jason passes 391 me and he sees me so he let’s me know that I’m still in plain 392 sight because if he can see me the officer definitely could 393 see me if he came past. 394 DET Which way is Jason runnin’? 395 D. JACKSON Jason is runnin’ east the way that we were walkin’ ‘cause 396 that’s where our home was. He was runnin’ towards his 397 home. 398 DET Okay. 399 D. JACKSON Now, when I, when Jason passes me he looked directly into 400 my eyes and he saw where I was-where I was crotched 401 down. He says verbatim, “Keep runnin’ .” At that time I 402 was so shocked my fee…I could no longer move. I could no

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403 longer move at-at that time I just, I felt like I needed to stay 404 crotched because my life was in so much danger. I felt at 405 the time I’m hyperventilating I, ya know, I-I really can’t get a 406 hold on the situation that’s goin’ down. And, as Jason 407 passes the second car, now I hear the officer getting’ out of 408 his car and at that time, I kinda stood up a little and to move 409 around the vehicle but the vehicle I’m crotchin’ behind is so 410 small its not like it’s a truck. It’s like a silver Sunfire or 411 Toyota, some very small vehicle. When the officer passed 412 me, his gun was drawn. I got, at the moment I didn’t know 413 why he didn’t’ see me. I couldn’t understand why he lost 414 focus on the second person that was right there. I 415 concluded that he was still in shock after a time period went 416 on. But, I was fearin’ for my life so much that the couple in 417 the car I approached the vehicle and I’m beggin’ them, I’m 418 beggin’ them to let me in their vehicle. Like, please could 419 you just let me in your car? Just drive me to this parking lot 420 or anything. I understand the couple for not letting me in the 421 car. They don’t know the situation. They don’t know why 422 this officer is shooting. They don’t know what these two 423 teens have or anything like that so, I’m, I don’t fault them for 424 just pulling on the sidewalk ‘cause that’s what they had to do 425 to get around. They pulled on the sidewalk and they went 426 on. Now, I watched my friend Big Jason, he’s passed the 427 second car like I said and that’s when I heard the officer get 428 out of his. As he’s runnin’ passed the third car, the officer 429 behind him, pointed his weapon with his weapon drawn and 430 he fired a second shot that did strike my friend Big Jason in 431 his back ‘cause that’s when he stopped runnin’. 432 DET Where’s the officer at this point? 433 D. JACKSON The officer is not at the end of the second car beginning of 434 the third car when he fires the second shot and now my 435 friend Big Jason he’s passed the third car almost-almost 436 onto the goin’ towards the sidewalk almost onto the 437 sidewalk. 438 D. JACKSON However, what I was thinking… 439 DET You want to draw it? 440 D. WATSON Please. …whatever pen you wanna use. 441 DET I guess the first thing that you would, that I would like you to 442 do okay is. 443 D. JACKSON So you want a, how the, a police officer’s vehicle was 444 parked? 445 DET Can I stop you there? Put an arrow and for whatever the 446 front of the vehicle is. 447 D. JACKSON Okay. 448 DET And you can just do it right on top of this. Do it inside, yeah.

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449 D. JACKSON Okay. 450 DET I was thinkin’ like on top of the car. 451 D. JACKSON Here’s he back and this is his front. 452 DET Okay. 453 D. JACKSON So, you can kinda get a guess on how he reversed. 454 DET So, he reversed, so his tires were towards the curb? 455 D. JACKSON Yeah. 456 DET And his front, the front of the vehicle was towards…okay? 457 D. JACKSON The second shot. 458 DET …for the second shot that was fired. 459 D. JACKSON And that’s what stopped him in his tracks. 460 DET Okay. He turns around… 461 D. JACKSON With his hands…before he turns around his hands was in 462 the air first. 463 DET Now, like this/? Like this? Hands up – stretched full length. 464 D. JACKSON In the air. Yes. 465 DET Demonstrate. Like that? 466 D. JACKSON In the air, yes. 467 DET Now, you have your hands for the purpose of the 468 recording… 469 D. JACKSON Now… 470 DET …hold on. You had your hands, what? 471 D. JACKSON Above my head but let me rephrase because he was hit so 472 he could not fully extend one of his arms. 473 DET Which one? 474 D. JACKSON At that time, I’m in shock so, I’m not really lookin’ for detail at 475 which arm was lower than… 476 DET It’s okay to say I’m not sure. 477 D. JACKSON I’m not sure. 478 DET Alright. 479 D. JACKSON But, I knew for sure I saw both of his hands up. 480 DET Okay. 481 BOSLEY Above your head? 482 D. JACKSON Above his head, yes. His hands were above, both his hands 483 were above his head. Now, which arm was above I, ya 484 know… 485 DET Alright. And, you’re sayin’, but you know one was higher 486 than the other. 487 D. JACKSON Correct. 488 DET You don’t know which one but one was higher than the 489 other. Go ahead. 490 D. JACKSON Correct. At the time of the second shot, like I said, my 491 friend put his hands in the air, Big Jason. Then he turns 492 around to face the officer and now the officer is 493 face-to-face with Big Jason with his gun still drawn. 494 His gun never went back down after the first

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495 shot. Or, it never went back to his holster after the first shot. 496 My friend Big Jason started to say, “I’m unarmed” or 497 “I don’t have a gun” ‘cause where I am located. I’m 498 still stand…now I’m standing watchin’. I’m standing now 499 because I see that the cop, his attention was not on me 500 anymore. Almost like he didn’t even see me when 501 he walked directly passed me with his gun out. 502 Now, Big Jason came the same direction and he was 503 able to see me… 504 DET Okay. 505 D. JACKSON …enough to tell me to keep runnin’. When the officer came 506 passed I was standing a bit more than when Big Jason saw 507 me so I feared for my life ‘cause I thought the officer would 508 see me. 509 DET Okay. 510 D. JACKSON But, when I, when I saw that he didn’t see me that’s when I 511 asked to, can I please get in your car, please let me in your 512 car. 513 DET So then you asked after the second shot was fired, or just 514 when the officer passed? 515 D. JACKSON Just when the officer passed. 516 DET So, you asked, so the officer passed and you got up a little 517 bit ‘cause you realized he hasn’t seen you and you say 518 “Please let me get in your car.” 519 D. JACKSON “Please.” 520 DET Did they respond to you? Were their windows open? 521 D. JACKSON Their windows were down. 522 DET Okay. And they didn’t say anything? 523 D. JACKSON They looked at me like they wanted to help. 524 DET Yeah. 525 D. JACKSON But… 526 DET They were probably in shock too. 527 D. JACKSON In shock too and they were like, is he a criminal? Is he doin’ 528 somethin’ wrong? Because this officer is shooting at them 529 for sure. Like I know they hear the shots and I know they 530 see the officer’s gun drawn and everything. That’s why I 531 think they didn’t let me in that car ‘cause they was unsure. 532 DET Okay. 533 D. JACKSON Watchin’ my surroundings because when they pulled off, I 534 instantly turned back towards Big Jason and the cop ‘cause I 535 heard the second shot and I was watchin’ the second shot 536 hit him and I’m watchin; as he turns around the officer’s face- 537 to-face with him now and he goes to tell the officer that he’s 538 unarmed or he does not have a gun. I couldn’t hear him 539 verbatim from where I was standing but I know he tried to 540 talk to the officer and he tried to get out a second sentence

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541 but before he could fully get out the sentence, the officer 542 then fired several more shots. More than four, I heard more 543 than four shots fired. My friend went all the way down in the 544 fatal position. I’m still standing. He went all the way down in 545 the fatal position. I watched him take every, several more 546 shots I watched his facial expression. I could no longer see 547 the officer’s face. I could see the back of him. I could see 548 Big Jason’s front. So, I see that he’s taken shots. I see the 549 pain in his face. He cannot say nothing;, he’s not screamin’ 550 ‘cause I feel like he’s still in shock because each time, each 551 time he’s shot, he’s tryin’ to get another word out until the 552 fatal shot which, I don’t know what made him stop moving, 553 but he stopped moving and he was on the ground. My feelings 554 at the time…sick, nauseated. I seen someone who I was just 555 seconds talking to, dead. And, not that I walked upon a scene, 556 I seen his animation stop. It made me gag a little in my mouth. 557 I unconsciously this whole time, like I said, I have the cigarillos 558 now. I had no pockets. I’m so much in shock I didn’t drop not 559 one pack of cigarillos like when the shots were goin’ off my 560 hands were clinchin’ tighter. 562 DET Uh huh. 563 D. JACKSON Like I was being shot. But, I can just see and feel my friend 564 because I’ve been shot before so I feel the shots and each 565 time is…and I see the animation leave my friend’s body 566 he’s no longer breathin’ and movin’ I don’t know what made 567 me run, unconsciously I-I was fearin’ for my life. I don’t know 568 how to address the officer anymore. The first car I tried to 569 get in they didn’t let me. 570 DET Yeah. 571 D. JACKSON So, I kinda knew the other two cars was probably on the 572 same, I ran. Now when the officer, when Big Jason stopped, 573 the officer, moved a couple steps further, this-this… 574 DET Further which way? What are you saying? 575 D. JACKSON Further towards Big Jason. This, the first car now was pulled, it 576 had already had pulled around, like I said, they had to drive over 577 the grass and sidewalk to get passed. When I ran, I ran through

the back all the way around, all the way around. I have carefully reviewed the above statement to determine whether the answers contained are true and correct, and whether I had any additional information relevant to the matters therein. I hereby certify, under penalty of perjury, that the statement is accurate and I have no information relevant to the matters discussed other than what is discussed in this deposition. Everything was covered and nothing was left out.

Daryl Jackson

Signature: Daryl Jackson

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STATE OF MISSOURI V. COREY WILCOX

Grand Jury September 9, 2014 1 Dr. Onde Case of lawful age, having been first duly sworn to testify the truth, the 2 whole truth, and nothing but the truth in the case aforesaid, deposes and says 3 in reply to oral interrogatories, propounded as follows, to –wit: 4 5 EXAMINATION 6 BY MS. ALLEN: 7 Q For the record, this is Katey Allen present in the grand 8 jury room with Sheila Whirley we are both with the 9 Nibta County Prosecutor’s Office. 10 All 12 jurors are present and, as well as the court reporter who is 11 taking down the testimony and also audio recording the proceedings 12 today. 13 For our next witness, would you state your name please? 14 A Name Dr. Onde Case 15 Q Could you spell for the court reporter - your first and last 16 name? 17 A O-N-D-E- C-A-S-E (pronounced ON-DUH) 18 Q And what is your profession? 19 A I’m a forensic pathologist. 20 Q And can you describe for the jurors your education and how 21 you obtained the degrees to become a pathologist? 22 A For starters, I obtained my Bachelor of Science degree in 1998 at 23 Xavier University at Louisiana that was a four year 24 education. I then attended medical school four years at 25 Louisiana State University. College medical school down in 26 New Orleans, which was a four-year training. And then I 27 did a four year anatomical and clinical pathology residency 28 at Nibta University here in Nibta City. I then received my Nibta 29 state license to practice medicine. Later I did one additional 30 pediatric pathology, which was a one year fellowship 31 specifically in forensic pathology at Nibta County Medical 32 Examiner’s Office. 33 Q Can you explain for the jurors what is a pathologist? 34 What does he do? 35 A The basic definition of a pathologist is someone who is a 36 medical doctor who is in the profession of studying disease. 37 Q Can you describe for the jurors what is a forensic 38 pathologist? 39 A A forensic pathologist is a specialized doctor in the field of 40 pathology who is dealing with determining the cause and 41 manner of death.

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42 Q And you are a forensic pathologist? 43 A Yes, I am. 44 Q Are you board certified? 45 A Yes, I am board certified in anatomical pathology as well as 46 forensic pathology. 47 Q Are you employed as a forensic pathologist? 48 A Yes, I am. 49 Q Where are you employed? 50 A I’m currently employed as an assistant medical examiner at 51 the Nibta County Medical Examiner’s Office. 52 Q Is that the office, is the chief medical examiner for St. Louis 53 Dr.? 54 A Yes, she is. 55 Q You work under her supervision? 56 A Yes, I do. 57 Q How long have you worked for the County Medical 58 Examiner’s Office? 59 A A little over three years. 60 Q Prior to that, did you work for any other medical examiner’s 61 office? 62 A Yes. I spent five years as an Assistant Medical Examiner for 63 Detroit, Michigan. That’s where I learned to handle these cases 64 where cops kill black people. 65 Q And so when you began working for the County Medical 66 Examiner’s Office, was there any training that you underwent 67 or any on-the-job training that you had to go through when 68 you first began? 69 A I mean, the main thing that’s important is that you’ve 70 done a certified or approved forensic fellow, which I did do at 71 Nibta University through their system at the Nibta City 72 Medical Examiner’s Office. So that’s the main thing that you 73 do need, plus your medical degree and eventually being 74 board certified to be able to practice what I practice at. 75 Q And so probably, what I would say in layman’s terms, one 76 of your chief duties and responsibilities is to perform 77 autopsies, correct? 78 A Correct. And in addition, I have performed over two hundred 79 autopsies and have testified in court as an expert in pathology 80 about forty times. 81 Q And just we all think we know what an autopsy is, but can 82 you explain for the jurors in general when you have a 83 deceased person how you begin an autopsy? 84 A The autopsy itself, it is kind of layman’s terms just for the 85 general examination that occurs that I have for a case and it 86 entails a lot of features depending on the circumstances. 87 Q In a situation where there might be criminal activity involved

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88 in this person’s death, is there always a police officer who is 89 present for the autopsy? 90 A Yes, there is. 91 Q Does typically the officer would then seize those objects if 92 there was anything seized from the boy that might be 93 evidentiary in nature? 94 A Yes, they do. 95 Q So you’re not, your job is not collection of evidence? 96 A No. 97 Q But there is someone present during the entire autopsy 98 whose job is to collect evidence? 99 A That is correct. 100 Q Okay. Now, in this particular case, this autopsy performed 101 on Jason White, what information did you have from Joe 102 Bloughe that was something that you considered prior to 103 beginning the autopsy? 104 A Um, when I was contacted by Joe he called me on my 105 personal cell to let me know what particular cases came in 106 on his shift and he informed me of the cases that came on 107 his shift, and one of the cases was Mr. Jason White. The 108 circumstances that I got from him were very brief and 109 minimal. At that particular time he informed me that there 110 was a police shooting. He mentioned to me that there 111 appears to have been a struggle and that was kind of the 112 extent of the information that I had at that particular time. 113 So from that point, I know that the body is going to have 114 come in for examination due to the nature of the particular 115 type of event. There is certain cases that are under my 116 jurisdiction as a medical examiner and that particular case of 117 Mr. Jason White fit that jurisdiction, so I knew that that case 118 was going to come in for examination. 119 Q Are you aware of a statute that says that the actual body of 120 and its possessions of a deceased person are the property 121 of the Medical Examiner’s Office? 122 A Yes, I am. 123 Q Okay. And did you see any other police reports or any other 124 reports about this incident before you began your examination? 125 A No, I did not. 126 Q Did you get any other information from anywhere else, 127 whether it be a police officer or witnesses or anybody else? 128 A Before I started my examination, Detective Larry Sutter was 129 present at my autopsy examination and I did ask him about 130 the circumstances that he knew at that particular time. 131 Q Do you have any involvement with the police department? 132 A I have some relatives who are cops, and they are always making 133 comments about people making false accusations about

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134 police shootings, but I did not let it bother me. 135 Q What did he tell you about what he knew at that time? 136 A Trying to remember exactly, it is a while back, but it was just basically 137 similar situation of there were two gentlemen in the street, police 138 officer responded to that particular area, from that point in time a 139 struggle ensued and then after that things were difficult to determine at 140 that point in time, but ultimately it ended in the result of Mr. Jason 141 White obtaining fatal wounds. 142 Q Okay. And so jumping forward now, at the conclusion of an autopsy, 143 do you prepare a report? 144 A Yes, I do. 145 Q And is that report reviewed by anyone else in your office? 146 A A secretary transcribes the information that I speak into a digital recorder, 147 but it is my words and she transcribes my words, I get it back, I correct it. 148 Q Okay. And so did you, you prepared the report after your autopsy of 149 Jason White? 150 A Yes. 151 Q Did you approve the final report as correct, in other words, those were 152 the words that you had dictated? 153 A Yes, yes, I did. 154 (Deposition Exhibit Number 9 Marked For Identification) 155 Q (By Ms. Allen) I’m going to hand you what I Marked as 156 Jury Exhibit Number 9. And is that a copy of your report of 157 the post-mortem examination just another term for 158 like an autopsy? 159 A Correct. 160 Q Is that your report of the autopsy of Jason White? 161 A Yes, it is. 162 Q And when you were autopsying a body, is it one of your jobs 163 and responsibilities to describe the location of a wound? 164 A Yes, it is. 165 Q And if it is some kind of piercing wound, whether it be from a 166 knife or projectile, you describe the path of that wound or the 167 trajectory so to speak of that wound? 168 A That is correct. 169 Q You use terms that might not be common everyday terms 170 that laypeople would understand? 171 A That is correct. 172 Q So when the body leaves the scene, is it taken directly to 173 your offices or where is the examining on the 10th, what 174 happens between when it is collected and this day? 175 A The body is picked up from a delivery service, delivery 176 service is responsible for picking the body up from the 177 scene. At that point when the body is picked up from the 178 scene, it is brought directly to the Nibta County Medical 179 Examiner and it is placed in the morgue, in a cooler, until

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180 eventually I’m going to come for the examination. 181 Let me back up a step. When the body comes in and it is 182 checked in by the morgue staff or it is given a number, and 183 just to make sure that it is logged in appropriately and put 184 into the morgue, but the body goes into the cooler to wait 185 until the next day. We will take initial round of pictures and 186 then we will get to the point where we are right now. 187 Q So after that has happened, what happens next? 188 A Um, at this point, in theory and in terms of normal protocol or 189 in terms of how I approach the case, at this point I will 190 eventually myself start looking at the body, start the initial 191 external examination that I spoke with you all at the 192 beginning where I am looking at the clothing that the 193 particular decedent has on. And just stating how the body 194 appears to me, at least initially, in terms of clothing and that 195 would be the next step. 196 Q Let me stop you here. As you say the body was, you know, 197 the bag was opened and you examined it, are the clothes 198 disturbed? 199 A No, the clothes were not disturbed. This is how they are 200 maintained within the bag as soon as it is opened. 201 Q So nobody lifted up the shirt, nobody pulled the pants down, 202 that’s how it was when you first saw it? 203 A Correct. 204 Q Okay. At this point, are you the one who puts the body on to 205 the table? 206 A Um, so from here, he was placed on this table initially within 207 the morgue cooler it is on wheels. So when it comes out, he 208 is staying on here the entire time. So the entire autopsy is 209 going to start coming from the cooler, to this part where you 210 are seeing the pictures, to me actually doing my incisions 211 and remove organs, so he stays on this table the entire time. 212 Q Were the clothes removed from the body before you began 213 your examination? 214 A Yes. I documented my external observations, noting each bullet wound 215 on exhibit 2. Then I began my internal examination. 216 Q Doctor, is it your habit when you begin to describe 217 injuries, do you like start from the head and work your way 218 down, or do you just pick a certain way to describe them? 219 A Um, my usual approach is, I kind of go in terms of more 220 significant injuries to the least significant. So I typically will 221 start with the things that look to me to be, you know, more 222 immediately impactful to the life of an individual. 223 So when I get to the situation where I have wounds of the 224 arms and things of that nature, those would be further down 225 in my report. That’s typical approach when I do cases.

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226 Q Are you able to tell us, to a reasonable degree of medical certainty 227 how White died, and what was the cause of his death? 228 A I can conclude within a reasonable degree of medical certainty that 229 Jason White died as a result of a gunshot wound to the top of his 230 head as noted on exhibit 2, and marked as number 1. I have 231 determined officially that the cause of this fatal wound is not self- 232 inflicted. I can also say within a reasonable degree of medical 233 certainty that the top of the head of Jason White was lowered towards 234 Officer Wilcox at the moment Wilcox fired the fatal shot, as is shown in 235 the stick figure I drew on exhibit 2. 236 Q Dr. Case, why did you draw the stick figure on exhibit 2? 237 A To help me determine if this was murder or self-defense. While I found 238 that the wounds could be consistent with Mr. White running as 239 shown on the stick figure drawing, I can’t say for certain. No one can. 240 Are you aware Dr. Baddley made a determination as to the manner of death? 241 Yes, I read his statement, and I disagree with his opinions on the manner of 242 death. In my opinion, the manner of death is not medically determinable from 243 the available evidence what Jason White was doing with his hands or 244 whether he was moving at the very moment the fatal wound was 245 inflicted. I have carefully reviewed the above statement to determine whether the answers contained are true and correct, and whether I had any additional information relevant to the matters therein. I hereby certify, under penalty of perjury, that the statement is accurate and I have no information relevant to the matters discussed other than what is discussed in this deposition. Everything was covered and nothing was left out.

Dr. Onde Case

Signature: Dr. Onde Case

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METROPOLITAN POLICE DEPARTMENT – CITY OF NIBTA AFFIDAVIT

SWORN STATEMENT OF DR. MARTY BADDLEY

1 My name is Dr. Marty Baddley and I am the former Chief Medical Examiner of New York 2 City and am presently Co-Director of the New York State Police Medico-Legal Investigations 3 Unit. I received a B.S. Degree from the City College of New York and M.D. Degree from 4 New York University School of Medicine. I trained in internal medicine and pathology at 5 Bellevue Hospital Medical Center where I was an intern, resident and Chief Resident. I have 6 been a medical examiner for forty-five years and have performed more than 20,000 7 autopsies. I have held professional teaching appointments at Albert Einstein Medical 8 School, Albany Medical College, New York University, New York Law School and John Jay 9 College of Justice. I was Chairman of the Forensic Pathology Panel of the U.S. Congress 10 Select Committee on Assassinations that re-investigated the deaths of President John F. 11 Kennedy and Dr. Martin Luther King, Jr. in the1970’s. I was the forensic pathologist 12 member of a team of U.S. forensic scientists asked by the Russian government to 13 examine the newly found remains of Tsar Nicholas II, Alexandra and the Romanov family in 14 Siberia in the 1990’s. I have been an expert in multiple Iraq-related court martials in the 15 United States and Camp Liberty, Baghdad. I have also been an expert in the investigations 16 concerning Medgar Evers, John Belushi, Yankee Manager Billy Martin, Marlon Brando’s son 17 Christian, O.J. Simpson, Jayson Williams, Kobe Bryant, Robert Blake, and Las Vegas hotel 18 owner Ted Binlon. I have investigated deaths in Croatia, Serbia, Israel, the Gaza Strip and 19 the West Bank, Monaco, Panama, England, Canada, Zimbabwe and other countries for 20 human rights groups and private attorneys. I have taught homicide courses for police, 21 judges, attorneys, and physicians in most of the 50 states as well as in China, Taiwan, 22 Kuwait, Australia, France, Italy, Ecuador, Puerto Rico, Columbia and other countries. I have 23 been a member of the board of directors of a number of drug abuse and alcohol abuse 24 treatment programs where I attempt to apply what I have learned from the dead at the 25 autopsy table to the betterment of the living. I also served as President of the Society of 26 Medical Jurisprudence and Vice President of the American Academy of Forensic Science. I 27 am the host of the HBO “Autopsy” series, now in its thirteenth year, which shows how the 28 various forensic sciences assist in solving crimes and was a consultant for the “Crossing 29 Jordan” television series. I have been author and co-author of more than 80 professional 30 articles and books on aspects of forensic medicine, two popular non-fiction books “Unnatural 31 Death, Confessions of a Medical Examiner” and “Dead Reckoning, the New Science of 32 Catching Killers” and “Remains Silent,” a novel written with my wife, Attorney Linda Kenney 33 Baddley. I am the Forensic Science Contributor for FOX National News and am a reviewer 34 for the New England Journal of Medicine. I performed an autopsy on the body of Jason 35 White on August 12, 2014. I used standard methods and practices in conducting the 36 autopsy. I first examined the exterior of the body and closely examined each wound. There 37 were six gunshot wounds to the body. I closely examined each wound to determine if there 38 was any gunshot residue on the body. The clothes worn by the victim at the time of death 39 were not made available to me. This did not concern me at the time because I had and do 40 not have any reason to believe that gunshot residue was found on the victims clothing. This 41 would be a significant piece of forensic evidence effecting the outcome of an autopsy, 42 therefore, the clothes would have been sent with the body if the NIBTA County Medical 43 Examiner had observed any residue on the victims clothing. I first examined the victim to 44 determine if any of the gunshot wounds were inflicted at close range. For the purpose of an

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45 autopsy, “close range” is defined as within a distance of two feet or less. When looking for 46 evidence of a close range shot to a victim, a pathologist looks for evidence of a gunshot or 47 evidence of gunpowder. Evidence of either at the site of a gunshot wound means that the 48 wound was inflicted from a gun that was within two feet of the victim at the time of firing. 49 Evidence of a close range gunshot would be a burn from the heat of the firing that would be 50 visible at the sight of the wound. None of the wounds on the victim had any signs of gunshot 51 burn. Gunpowder residue, often referred to as stippling, is also a sign of a gunshot wound 52 inflicted at close range. None of the wounds on the body of the victim showed significant 53 evidence of gunpowder stippling. There was some microscopic gunpowder residue on the 54 wound to the hand. While this is consistent with a close range firing, it is inconsistent with 55 the victims hand on the gun at the time of firing as such close contact would have resulted in 56 both significant gunshot burning and more extensive stippling. Therefore this hand wound 57 could not have occurred during a close struggle in a car between the shooter and the victim. 58 Due to the absence of either gunshot burns or gunpowder stippling all the remaining wounds 59 suffered by the victim were from a gun that was more than two feet from the victim at the 60 time of firing. That is my conclusion to a reasonable degree of professional certainty. 61 However, for the reasons stated above, I cannot say that it is not possible for the victim to 62 have suffered the wound to the hand during a struggle in the car with the shooter. I can only 63 say that as a matter of forensic pathology and proper autopsy protocols, it is medically 64 unlikely that the wound on the hand of the victim was suffered during a close encounter 65 struggle by two people with their hands struggling for the same handgun. I then proceeded 66 to examine the victim for evidence of the trajectory of the bullets that inflicted the wounds. 67 The graze wound on the right thumb is oriented upwards, indicating that the tip of the thumb 68 is toward the weapon. The hand wound has gunpowder particles on microscopic 69 examination, which suggests that it is a close-range wound. Forensic science also 70 considers the logical and most likely human response to violent trauma or attack. From a 71 forensic point of view, it does not make sense that a frightened man who has just been shot 72 and running, would run full steam back at a shooter who has his gun drawn at that man 73 unless the frightened man realized he couldn’t escape and attempts to surrender. Because 74 of the muscle structure you can tell how a body part was flexed when the bullet penetrates. 75 Your muscles do not free float around the bones, they are connected to the bones. The 76 blood splatter indicates White was in his car. However, it is not possible for a shot to have 77 hit White’s hand if both were struggling for the gun with their hands. If Wilcox fired his gun 78 and White didn’t want to be hit again he would have ran at that point, not forced himself into 79 the car and try to deflect the gun. However, the medical evidence would be consistent with 80 Wilcox attempting to pull White into the police SUV then firing just as White broke free 81 accounting for the upper arm or chest wound. The natural and highly likely response by 82 White would be to raise his hand to deflect the next bullet, which fits perfectly with the 83 wound to the hand and the physical evidence of the trajectory of the bullet. It is stated that 84 Jason White only had abrasions on his right cheek and forehead. The laws of physics show 85 that a body in motion, sliding across the hot summer pavement receives cuts and abrasions 86 to every piece of flesh in that side that hits the pavement. If Jason white was charging as 87 Wilcox claims, he would have had scrapes and cuts on the palms of his hands, his elbows, 88 his chest, his knees and probably his chin. Jason White had none of these cuts. Jason 89 White was standing still when he was shot and toppled over hitting and cutting only his face 90 and forehead. Corey Wilcox is a lying, murderous cop period. Sources told the 91 Post-Dispatch that White’s blood had been found on Wilcox’s gun. She said White was 92 facing Wilcox when White took a shot to the forehead, two shots to the chest and a shot to 93 the upper right arm. The wound to the top of White’s head would indicate he was falling 94 forward toward the shooter; the shot was instantly fatal. Again, none of White’s wounds 95 appeared to have been from shots fired at close range. Enclosed is a copy of my initial

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96 autopsy report that you requested. My conclusions are based on my autopsy findings of 97 August 16; on my review of Dr. Onde Case’s autopsy report that I received on October 22; 98 and on the police and medical examiner photographs, X-rays and microscopic slides from 99 the first autopsy. I have not yet been permitted to have access to requested police crime 100 scene photographs and reports, to the results of the forensic examination of the patrol car, 101 to the Christian Hospital EMS report of Mr. White and the emergency room examination of 102 Officer Wilcox, to the ballistics information, the results of the autopsy hand swabs and 103 fingernail clipping examinations, and to witness statements. Exhibit 3 is a diagram of a 104 human male body upon which I have marked the location of the gunshot wounds inflicted on 105 Mr. White. For 25 years as medical examiner, 25 years as forensic pathologist for the Police, 106 and as the forensic pathologist member of the Corrections Commission Medical Review 107 Board, I have been involved with the investigation of deaths that occur in police encounters 108 and all deaths that occur in jails and prisons. The above requested information is the usual 109 information obtained to be able to correlate the autopsy findings with other information that 110 is necessary to permit full medical evaluation of deaths such as that of Mr. White. Based on 111 my autopsy and review of the statements of Wilcox and Jackson I can say, with a 112 reasonable degree of medical certainty, that Jason White received five gunshot wounds 113 while standing face forward and more than two feet away from the shooter, that these five 114 shots likely caused White to fall and he then received a fatal gunshot wound to the top of his 115 head as he fell forward toward the shooter Wilcox. This was a homicide as a result of a 116 gunshot wound inflicted to the head of the victim by a shooter more than two feet away. I have carefully reviewed the above statement to determine whether the answers contained are true and correct, and whether I had any additional information relevant to the matters therein. I hereby certify, under penalty of perjury, that the statement is accurate and I have no information relevant to the matters discussed other than what is discussed in this deposition. Everything was covered and nothing was left out.

Dr. Marty Baddley

Signature: Dr. Marty Baddley

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State v. Corey Wilcox

Jury Instructions

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PRELIMINARY INSTRUCTION NO. 1

This case will proceed in the following order:

First, the Court will read to you two instructions concerning the law applicable to this

case and its trial. Next, the attorney for the state must make an opening statement outlining what the attorney expects the state’s evidence will be.

Evidence will then be introduced.

At the conclusion of all of the evidence, further instructions in writing concerning the law will be read to you by the Court, after which the attorneys may make their arguments. You will then be given the written instructions of the Court to take with you to your jury room. You will go to that room, select a foreperson, deliberate, and arrive at your verdict.

Sometimes there are delays or conferences out of your hearing with the attorneys about matters of law. There are good reasons for these delays and conferences. The Court is confident that you will be patient and understanding. We will have recesses from time to time.

The following two instructions of law are for your guidance in this case. The two of them, along with other instructions in writing read to you at the close of all the evidence, will be handed to you at that time to take to your jury room.

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INSTRUCTION NO. 2

You must not assume as true any fact solely because it is included in or suggested

by a question asked a witness. A question is not evidence, and may be considered only as

it supplies meaning to the answer.

From time to time the attorneys may make objections. They have a right to do so

and are only doing their duty as they see it. You should draw no inference from the fact

that an objection has been made.

If the court sustains an objection to a question, you will disregard the entire question

and you should not speculate as to what the answer of the witness might have been. The

same applies to exhibits offered but excluded from the evidence after an objection has

been sustained. You will also disregard any answer or other matter which the court directs

you not to consider and anything which the court orders stricken from the record.

The opening statements of attorneys are not evidence. Also, you must not consider

as evidence any statement or remark or argument by any of the attorneys addressed to

another attorney or to the court. However, the attorneys may enter into stipulations of fact.

These stipulations become part of the evidence and are to be considered by you as such.

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INSTRUCTION NO. 3

The charge of any offense is not evidence, and it creates no inference that any

offense was committed or that the defendant is guilty of an offense.

The defendant is presumed to be innocent, unless and until, during your

deliberations upon your verdict, you find him guilty. This presumption of innocence places

upon the state the burden of proving beyond a reasonable doubt that the defendant is

guilty.

A reasonable doubt is a doubt based upon reason and common sense after careful

and impartial consideration of all the evidence in the case.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the

defendant’s guilt. The law does not require proof that overcomes every possible doubt. If,

after your consideration of all the evidence, you are firmly convinced that the defendant is

guilty of the crime charged, you will find him guilty. If you are not so convinced, you must

give him the benefit of the doubt and find him not guilty.

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INSTRUCTION NO. 4

Members of the Jury, I thank you for your attention during this trial. Please pay

attention to the instructions I am about to give you.

In this case, Corey Wilcox is charged with one count of murder.

To provide the crime of murder, the State must prove beyond a reasonable doubt

that Corey Wilcox intentionally or knowingly caused the death of Jason White.

Under the laws of Nibta, a person acts intentionally, or with intent, with respect to the

nature of his conduct or to a result of his conduct when it is his conscious objective or

desire to engage in the conduct or cause the result. A person acts knowingly, or with

knowledge, with respect to the nature of his conduct or that the circumstances exist. A

person acts knowingly, or with knowledge, with respect to a result of his conduct when he is

aware that his conduct is reasonably certain to cause the result.

The intent with which an act is done is an operation of the mind and, therefore, is not

always capable of direct and positive proof. It may be established by circumstantial

evidence like any other fact in a case.

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INSTRUCTION NO. 5

If you find and believe from the evidence beyond a reasonable doubt: First, that on or about August 9, 2014, in the City of Nibta and County of Nibta, State of

Missouri, the defendant caused the death of Jason White by shooting him, and Second, that defendant knew that his conduct was practically certain to cause the

death of Jason White, and Third, that defendant did so after deliberation, which means cool reflection upon the

matter for any length of time no matter how brief, then you will find the defendant guilty of Murder in the First Degree, unless you find him not guilty by reason of self-defense as described in Instruction Number 6

However, unless you find and believe from the evidence beyond a reasonable doubt

each and all of these propositions, you must find the defendant not guilty of murder in the first degree.

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INSTRUCTION NO. 6

One of the issues in this case is whether the use of force by the defendant against Jason White

was lawful. In this state, the use of force, including the use of deadly force, to protect oneself is lawful in certain situations.

A person can lawfully use force to protect himself against an unlawful attack. However, an

initial aggressor, that is, one who first attacks another, is not justified in using force to protect himself from the counter-attack that he provoked.

A person who is the initial aggressor in an encounter can regain the privilege of using force in

lawful self-defense if he withdraws from the original encounter and clearly indicates to the other person his desire to end the encounter. Then, if the other person persists in continuing the incident by threatening to use or by using force, the first person is no longer the initial aggressor, and he can then lawfully use force to protect himself.

In order for a person lawfully to use deadly force in self-defense, he must reasonably believe

such force is necessary to defend himself from what he reasonably believes to be the imminent use of deadly force against himself or others. But under this instruction, a person is not permitted to use deadly force unless he reasonably believes that the use of deadly force is necessary to protect himself or others against death or serious physical injury.

As used in this instruction, "deadly force" means physical force which is used with the purpose

of causing or which a person knows to create a substantial risk of causing death or serious physical injury.

As used in this instruction, the term "reasonably believe" means a belief based on reasonable

grounds, that is, grounds that could lead a reasonable person in the same situation to the same belief. This depends upon how the facts reasonably appeared. It does not depend upon whether the belief turned out to be true or false.

On the issue of self-defense in this case, you are instructed as follows:

First, if the defendant was not the initial aggressor in the encounter with Jason White, or if he

was the initial aggressor and clearly indicated to Jason White his withdrawal from the encounter, and,

Second, the defendant reasonably believed that the use of force was necessary to defend

himself from what he reasonably believed to be the imminent use of deadly force, and, Third, the defendant reasonably believed that the use of deadly force was necessary to protect

himself from death or serious physical injury from the acts of Jason White then his use of deadly force is justifiable and he acted in lawful self-defense. The state has the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense. Unless you find beyond a reasonable doubt that the defendant did not act in lawful self-defense under this instruction, you must find the defendant not guilty.

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INSTRUCTION NO. 7

Because of the nature of the job, a police officer is permitted to use force in carrying

out his (her) official duties if such force is necessary and reasonable. A person who is

arrested by someone who he (she) knows is a police officer is not allowed to resist that

arrest with force, whether the arrest is lawful or not. Even if the arrest is illegal, the person

must resort to the legal system to restore his (her) liberty.

However, if a police officer uses excessive or unnecessary force to make an arrest –

whether the arrest is legal or illegal – the person who is being arrested may defend himself

(herself) with as much force as reasonably appears to be necessary. The person arrested

is required to stop resisting once he (she) knows or should know that if he (she) stops

resisting, the officer will also stop using excessive or unnecessary force. The State must

prove beyond a reasonable doubt that the police officer used excessive or unnecessary

force in making the arrest.

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INSTRUCTION NO. 8

This case must be decided only upon the evidence that you have heard from the answers of the witnesses and have seen in the form of exhibits and these instructions.

This case must not be decided for or against anyone because you feel sorry for

anyone or are angry at anyone.

Remember the lawyers are not on trial. Your feeling about them should not influence your decision in this case.

Whatever verdict you render must be unanimous; that is each juror must agree to the same verdict.

It is entirely proper for a lawyer to talk to a witness about what testimony the witness would give if called to the courtroom. The witness should not be discredited for talking to a lawyer about his or her testimony.

Your verdict should not be influenced by feelings of prejudice, bias, or sympathy. Your verdict must be based on the evidence and on the law contained in these instructions. Deciding a proper verdict is exclusively your job. I cannot participate in that decision

in any way. Please disregard anything I may have said or done that made you think I preferred one verdict over another.

Only one verdict may be returned as to the crime charge. This verdict must be unanimous, that is, all of you must agree to the same verdict. The verdict must be in writing and, for your convenience; the necessary forms of verdict have been prepared for you.

In just a few moments you will be taken to the jury room by the bailiff. The first thing you should do is elect a foreperson who will preside over your deliberations like a chairperson of a meeting. It is the foreperson’s job to sign and date the verdict form when all of you have agreed on a verdict in this case and to bring the verdict back to the courtroom when you return. Either a man or a woman may be the foreperson of the jury.

Your verdict finding the defendant either guilty or not guilty must be unanimous. The verdict must be the verdict of each juror as well as of the jury as a whole.

In closing, let me remind you that it is important that you follow the law spelled out in these instructions in deciding your verdicts. There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For two centuries, we have agreed to a constitution and to live by the law. Not one of us has the right to violate the rules we all share.

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It is up to you to decide what evidence is reliable. You should use your common

sense in deciding which, is the best evidence and which evidence should not be relied upon in considering your verdict. You may find some of the evidence not reliable or less reliable than other evidence. In doing so, you should consider how the witness acted as well as what he or she said. Some things you should consider are:

1. Did the witness seem to have an opportunity to see and know the things

about which the witness testified?

2. Did the witness seem to have an accurate memory?

3. Was the witness honest and straightforward in answering the attorneys’

questions?

4. Did the witness have some interest in how the case should be decided?

5. Has the witness been offered or received any money, preferred treatment, or

other benefit in order to get the witness to testify?

6. Had any pressure or threat been used against the witness that affected the

truth of the witness’s testimony?

7. Had any pressure or threat been used against the witness that affected the

truth of the witness’s testimony?

8. Did the witness at some other time make a statement that is inconsistent with

the testimony he or she gave the court?

9. Was it proved that the witness had been convicted of a crime?

10. Was it proved that the general reputation of the witness for telling the truth

and being honest was bad?

You may rely upon your own conclusions about the witnesses. A juror may believe

or disbelieve all or any part of the evidence or the testimony of any witness. The defendant in this case has become a witness. You should apply the same rules to consideration of his testimony that you apply to the testimony of the other witnesses.

There are some general rules that apply to your deliberations. You must follow these rules in order to return a lawful verdict:

1. You must follow the law as it is set out in these instructions. If you fail to follow the law, your verdict will be a miscarriage of justice. There is no reason for failing to follow the law in this case. All of us are depending on you to make a wise and legal decision in this matter.

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INSTRUCTION NO. 9

In this case, each witness has given a prior statement. Each witness later reviewed his or her statement and certified the statement was true and correct and that s/he had no information relevant to the matters discussed in his/her statement that was not already included in the statement. If a witness has provided information today that differs from, or is in addition to information contained in his or her statement, you should consider that witness’ entire testimony with great caution.

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INSTRUCTION NO. 10

The attorneys will now have the opportunity of arguing the case to you. Their arguments are intended to help you in understanding the evidence and applying the law, but they are not evidence.

You will bear in mind that it is your duty to be governed in your deliberations by the

evidence as you remember it, the reasonable inferences which you believe should be drawn therefrom, and the law as given in these instructions.

It is your duty, and yours alone, to render such verdict under the law and the

evidence as in your reason and conscience is true and just. The state’s attorney must open the argument. The defendant’s attorney may then

argue the case. The state’s attorney may then reply.

No further argument is permitted by either side.

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IN THE DISTRICT COURT IN AND FOR NIBTA COUNTY, MO ----------------------------------------------------------- STATE OF MISSOURI § § §

v. § No. CR-14-3647

§ § COREY WILCOX, Defendant § ___________________________________

VERDICT OF THE JURY We the jury, find as to the crimes alleged against Corey Wilcox as follows: As to the crime of murder: _____ GUILTY _____ NOT GUILTY Date ___________________ _______________________ Jury Foreperson

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State v. Corey Wilcox

Exhibits

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

Exhibit 8

78

79

80

81

82

83

84

85

Exhibit 10

Marty Baddley, M.D.

15 West 53rd Street

Suite 18B

New York, New York 10019

Telephone: (212) 397-2732

Facsimile: (212) 397-2754

CURRICULUM VITAE

EDUCATION

The City College of New York (1955) B.S. Degree

New York University School of Medicine (1959) M.D. Degree

POST-GRADUATE TRAINING

1959-1960 Intern, First (Columbia) Medical Division, Bellevue Hospital

1960-1961 Resident, First (Columbia) Medical Division, Bellevue Hospital

1961-1963 Resident, Pathology, Bellevue Hospital

1963-1964 Chief Resident, Pathology, Bellevue Hospital

LICENSURE

New York State Medical License (1960)

Diplomate, National Board of Medical Examiner’s (1960)

Diplomate, American Board of Pathology

Anatomic Pathology (1965) Clinical Pathology (1966) Forensic Pathology (1966)

PROFESSIONAL POSITIONS

2000-present Consultant to Fox News Television. Expert witness in pathology.

1986-2000 Director, Medicolegal Investigations Unit, New York State Police

86

Exhibit 10

1961-1986 Office of Chief Medical Examiner, New York City; Chief Medical Examiner (1978-1979)

1981-1983 Deputy Chief Medical Examiner, Suffolk County, New York; Director of Laboratories, Suffolk County, New York

TEACHING APPOINTMENTS

1961-1989 New York University School of Medicine, Associate Professor, Forensic Medicine

1975-2001 Visiting Professor of Pathology, Albert Einstein School of Medicine

1975-1988 Adjunct Professor of Law, New York Law School

1975-1978 Lecturer in Pathology, College of Physicians and Surgeons of Columbia University

1986, 1989 Visiting Professor, John Jay College of Criminal Justice

1965-1978 Assist Visiting Pathologist, Bellevue Hospital, New York

2002 Adjunct Lecturer, The Cyril H. Wecht Institute of Forensic Science and Law, Duquesne University School of Law

2002 Distinguished Professor/Adjunct Lecturer, Henry C. Lee Institute, University of New Haven (Connecticut)

GOVERNMENTAL APPOINTMENTS

1977-1979 Chairman, Forensic Pathology Panel, United States Congress, Select Committee on Assassinations, Investigations into the deaths of President John F. Kennedy and Dr. Martin Luther King

1973-Present Member, New York State Correction Medical Review Board

1976-Present Member, New York State Mental Hygiene Medical Review Board

1983-1986 Member, National Crime Information Center, Committee on Missing Children, United States Department of Justice (F.B.I.)

1971-1975 Special Forensic Pathology Consultant, New York State Organized Crime Task Force (investigation of deaths at Attica Prison)

1974-2006 Director and/or Moderator, Annual Northeastern Seminar in Forensic Medicine, Colby College, Maine

87

Exhibit 10

1973-1987 Lecturer, Drug Enforcement Administration, Drug Law Enforcement Training School, United States Department of Justice

PROFESSIONAL ORGANIZATIONS

1966-Present American Academy of Forensic Sciences; Fellow Vice President and Program Chairman (1982-1983)

1965-Present The Society of Medical Jurisprudence; Fellow, President (1981-1985)

1966-Present College of American Pathologist; Fellow, Chairman, Toxicology Subcommittee (1972 -1974)

1971-1975 College of American Pathologists Foundation; Forensic Pathology Seminar Faculty

1973-1976 American Board of Pathology; Forensic Pathology Board Test Committee (1973-1976)

1966-1986 American Society of Clinical Pathologist; Fellow Member, Drug Abuse Task Force (1973-1977)

1965-1978 New York State Medical Society; Chairman, Section of Medicolegal and Workers’ Compensation Matters (1972)

1965-Present Medical Society of the County of New York

1969-1978 National Association of Medical Examiner’s

1965-Present American Medical Association

HONORS

The City College of New York;: Senior Class President; Editor-in-Chief of the Campus

(newspaper); Phi Beta Kappa

Honor Legion, New York City Police Department, 1969

College of American Pathologists, Certificate of Appreciation (Chairman, Toxicology

Resource Committee, 1972-1975)

American Academy of Forensic Sciences, Award of Merit, 1974 and 1983

Drug Enforcement Administration, United States Department of Justice, Certificate of

Appreciation, 1982

Fire Department of the City of New York, Certificate of Appreciation, 1978

New York State Bar Association, Certificate of Appreciation, 1980

88

Exhibit 10

New York City Health and Hospitals Corporation, Certificate of Appreciation for participation

in development of emergency facilities for Emergency Medical Services for the City of New

York, 1980

New York University, Great Teacher, 1980

First Fellow in Forensic Science of the University of New Haven, Henry C. Lee Institute,

(Connecticut), 2002

PROFESSIONAL PUBLICATIONS AND PRESENTATIONS

1. M. Helpern and M. Baddley; Editors: Atlas of Legal Medicine by Tomio Watanabe, Lippincott, 1968

2. D. Louria, M. Baddley, et al.: The Dangerous Drug Problem. New York Medicine, 22:3, May 1966

3. D. Gold, P. Henkind, W. Sturner and M. Baddley. Occudermal Melanocytosis and Retinitis Pigmentosa. Am. J. of Ophthalmology, 63:271, 1967

4. B. Van Durren, L. Lanseth, L. Orris, M. Baddley and M. Kuschner: Carcinogenicity of Expoxides Lactones and Peroxy Compounds v. Subcutaneous Injection of Rats. J. Nat. Cancer Institute, 39:1213, 1967

5. M. Baddley: Pathology of Narcotic Addiction, Proceedings for the Sixth Latin American Congress of Pathology (San Juan, Puerto Rico); December 1967

6. M. Baddley. Medical Aspects of Drug Abuse, New York Medicine, 24:464, 1968

7. M. Baddley: Pathologic Aspects of Drug Abuse, Proceedings of the Committee on Problems of Drug Dependence, National Academy of Sciences, National Research Council, 1969.

8. M. Baddley, S. Hofstetter and T. Smith: Patterns of Suicide in New York City, Proceedings of the Fifth International Meeting of Forensic Sciences (Toronto), June 1969

9. R.W. Richter and M. Baddley: Neurological Complications of Heroin Addiction. Transactions of the American Neurological Association.

10. N. Valanju, M. Baddley, S.K. Verma and C.J. Umbreger: Analytical Toxicological Determination of Drugs in Biological Material. I. Acidic Drugs. Acta Pharmaceutica Jugoslavica 20:11, 1970.

11. Y. Challenor, R. Richter, B. Bruun, M. Baddley and M. Pearson: Neuromuscular Complications of Heroin Addiciton. Proc. Am. Coll. Phys., 1971.

12. M. Baddley: Homicide, Suicide and Accidental Death Among Narcotic Addicts. Human pathology 3:91-96, 1972.

89

Exhibit 10

13. M. Baddley, J.A. Hennessee: Unnatural Death, Confessions of a Medical Examiner, Random House, New York 1989.

RECENT LECTURES AND CONFERENCES

NY Cops Foundation Annual Dinner Gala, Keynote Speaker, June 2, 2008

New York State Police Sex Offense Seminar “The Forensic Sciences,” May 2008

Lecturer, New Jersey Chapter of Int’l Assn of Arson Investigators, March 5, 2008

33rd Annual Arson Seminar, NYS Fire Academy, “The Role of the Forensic Pathologist in

Fire Investigation, “November 7, 2007.

Col. Henry F. Williams Homicide Seminar, “Forensic Pathology,” September 17-20, 2007.

Harvard Medical School, Intensive Review of Internal Medicine Course,” CSI Meets IRIM –

The New Science of Catching Killers,” Boston, Massachusetts, July 2007.

Smithsonian Associates, “Murder Investigation with Forensics: The Good, the Bad, and the

Ugly,” May 2007.

American Academy of Forensic Sciences, “Police Use of Force: Where is the line and

When is it Crossed” February 22, 2007.

American Academy of Forensic Sciences, “The Role of the Forensic Scientist In the

Investigation of Police-Related Deaths – A Current Dilemma,” February 22, 2006.

90

Exhibit 11

91

Exhibit 12