State of Wyoming vs. Pat Parker

Transcription

1 WHSMT Program State of Wyoming v. Pat Parker 1 State of Wyoming vs. Pat Parker Case prepared for the Wyoming High School Mock Trial Program Adapted from the case State of Utah vs. Pat Parker used in 2001 by the Utah Bar Association for the high school mock trial program in Utah.

2 WHSMT Program State of Wyoming v. Pat Parker 2 State of Wyoming v. Pat Parker I. Statement of Facts and Witness Statements December 15, 2006, shortly after midnight, police responded to a 911 call from the residence of 4617 South Herschler Avenue in the City of Wind River in the County of Carter, State of Wyoming. Officer C. Miller was the first to arrive at the house. Miller, who was in a marked police car, arrived at the house at approximately 12:30 a.m. and met with the residents of the house. Home at the time were Joe Adams and his two children, T. J. and Kim. Officer Miller interviewed Joe. Mr. Adams told the officer that at about 12:15 a.m., he was awakened by the sound of gunshots. He heard some shouting and then the screeching of tires. He jumped out of bed and saw his two children, T.J. and Kim, running into the front door very excitedly and out of breath. They were yelling about a green station wagon, a Subaru, and someone shooting. He immediately called 911 and informed the police of his address and briefly described the occurrence. Officer Miller asked T.J. and Kim Adams to come down to the police department to give full statements. At the police department, Officer Miller tape-recorded statements of each one. The statements were typed up and signed by each witness. Those statements are attached as part of Miller s reports and form the basis for each witness testimony. While at the Adams residence, Officer Miller gathered evidence at the scene of the shooting, which included two spent 9 mm cartridges, and he took photographs of the scene, which are attached as a part of Miller s report. Among other things, T.J. and Kim Adams described several people in a green Subaru station wagon with a roof rack and a missing hubcap as having been involved in the drive-by shooting. After completing his preliminary investigation, Officer Miller got into his police car and began driving to the police station to take the statements of T.J. and Kim Adams. At a.m. at 3000 South Hunt Street., two miles from the Adams residence, Officer Miller stopped a green Subaru station wagon, which contained one occupant. The car matched the description of that given to the officer by T.J. and Kim Adams. Pat Parker was driving the car and was alone. Officer Miller noticed a 9 mm semi-automatic weapon under the driver s seat where Parker was sitting. Miller photographed the weapon where it was first observed and put the photograph into evidence. Officer Miller also opened the magazine and examined the bullets, which matched those taken from the scene. Photographs of the car and bullets are attached as part of Miller s report. Officer Miller also photographed some sunglasses and a scarf that were found on Parker. Parker gave Officer Miller a statement about Parker s whereabouts prior to this arrest. After this interview Officer Miller interviewed C.L. Cope and Rae Gordon. Both of their statements are attached. No other officers were involved in the investigation and Officer Miller did not conduct any investigation other than what is mentioned in Miller s report. Parker was arrested and later charged with discharge of a firearm from a vehicle. Relevant sentencing enhancements may be used against Parker by the State.

3 WHSMT Program State of Wyoming v. Pat Parker 3 Report of Officer Miller My name is Officer C. Miller. I am 31 and a police officer with the Wind River Police Department. I have been an officer in the State of Wyoming since I graduated with honors with a degree in criminal justice from Yellowstone Junior College in 1996 and completed training at the Law Enforcement Academy in Douglas. Then I joined the Wind River Police Department. I attend yearly police training updates held by the police department and am up to date on all of my certifications. I am currently assigned as a patrol officer in Wind River. I work graveyard shifts, which means I begin work at midnight and end at 8 a.m. I was working that shift on the morning of December 15, I work alone and prefer to work that way. As soon as I got on duty at around midnight on December 15, 2006, I drove my marked police car down to the business district, where I normally patrol. At about 12:15 a.m., I received a call from our dispatch that there were shots fired near a home at 4617 South Herschler Avenue. I know the area quite well and so I responded immediately. I arrived at about 12:30 a.m. I did not request backup at any time, although there were other officers in the area. On arrival, I met with Joe Adams, a 48-year-old male who told me that he had been awakened by what he thought were three gunshots. He saw his kids, T.J. and Kim, run into the house and heard the screeching of tires. They were yelling about someone in a green station wagon, a Subaru, they thought, shooting a gun. He called 911. While at 4617 South Herschler Avenue, I spoke with T.J. and Kim Adams separately and they later came to the police station to provide formal statements. The information they provided to me at their residence was consistent with their statements at the police station. At the station, the statements were typed up, and T.J. and Kim signed them. I had each tell me what they saw and make a drawing. Their drawings are attached as a part of their reports, and they are part of the case file. Before going to the police station to take statements, I conducted an investigation at 4617 South Herschler Avenue. During the investigation, I located two spent 9 mm cartridges on the road in front of the house. I photographed them where they were found and made a drawing to indicate where they were in relation to the house. The area was lit only by the porch lights on the houses in the area. There were no street lights. When I arrived, the front porch light at the Adams house was on. I picked up the casings and noticed that they had the marking WIN 9 mm LUGER engraved on the bottom of them. I drew a picture of these markings on the same drawing as above. I did no further investigation at the scene. After finishing at the Adams residence, I got back into my police car and started driving back to the police station to take the Adams statements. T.J. and Kim Adams had described a green Subaru or similar station wagon with possibly a roof rack and missing hubcap on the driver s side. On my way back to the station, at about a.m., I observed a green Subaru with a roof rack and missing hubcap on the driver s side in the 3000 block of South Hunt Avenue. I called dispatch to get a license check. They told me that the car was registered to a Jason Barber of Parco, Wyoming. He is listed as a 23-year-old male. The plates were expired.

4 WHSMT Program State of Wyoming v. Pat Parker 4 I pulled the car over and noticed that it was occupied by only one person, Pat Parker. I asked Parker to step out of the car and observed a gun under the driver side seat. I photographed the gun where it was and took it. I opened the gun and observed that it contained two live 9 mm bullets, each of which were engraved on the bottom WIN 9 mm LUGER. These are Winchester model 9 mm bullets and are fairly common. A 9 mm handgun is no toy. It really packs a punch. We police carry them ourselves. Most police in this state do. I arrested Parker. During a search of the pockets of his jacket, I found a pair of small roundedlens sunglasses and a blue bandanna in Parker s pockets, which I photographed. Parker appeared calm and expressionless. Parker acted like nothing was going to happen at all and that the whole thing was a big joke. Parker gave me a recorded statement and told me to interview C.L. Cope, which I did. I also was contacted by Rae Gordon, a neighbor of the Adams. They each gave me taped statements as well. Everyone signed their statements in my presence after they were typed. Officer C. Miller

5 WHSMT Program State of Wyoming v. Pat Parker 5 Drawing of Officer C. Miller

6 WHSMT Program State of Wyoming v. Pat Parker 6 Statement of T.J. Adams My name is T.J. Adams. I am 17 years old and a senior at Wind River High School. I live with my family at 4617 South Herschler Avenue here in Wind River. I don t drink or do drugs. On December 15, 2006, Kim and I were coming home from a dance at the high school. Kim had a beer on the way home but I am not old enough to drink so I didn t have any. It was sometime after midnight when we got to the front of the house. I heard a car pull up and didn t see it right away because I think it didn t have any lights on. I heard someone yell, What s up, cuz? and I turned to look. I saw the driver of the car pull out a gun and start shooting at us. I could see the fire come out of the gun. I heard two shots that sounded like Boom! then a few seconds later Boom! again. I ran to the house. The car was a green station wagon. It was one of those Japanese cars that the ski team uses in the commercials. I think they are called Subarus. I could see it pretty well from the porch light from the front of the house. It had a big ski rack on top and was missing a hubcap on the driver s side. I think it was the front one. The car was in bad shape and seemed to have dents and stuff. As the car pulled up I noticed the driver pull a bandanna over their face just below the eyes, which was dark, probably black. I also saw that the driver had on some sunglasses, those little round ones that John Lennon used to wear. He was one of the Beatles who got shot. I don t know who the driver was. I saw another person in the car on the passenger side and two more in the back. They were all shouting and yelling. I don t know Pat Parker very well. Pat hangs around with that Jason Barber. I know Jason. Some buddies of mine were arrested for carrying marijuana. The only way they could keep from going to detention was to tell police who sold them the dope. They told on Jason. He got arrested and is going to court this March. He has threatened to get our whole group for this. He told some friends of mine that we were going to get hurt unless me and my buddies changed our story. I m not really afraid. Jason is a loser, anyway. Me and my friends don t like his group, including Parker. We will definitely get even with these people now. I made a drawing of where we were when the car pulled up and where we ran to. I hope you can understand it. T. J. Adams

7 WHSMT Program State of Wyoming v. Pat Parker 7 Drawing by T.J. Adams

8 WHSMT Program State of Wyoming v. Pat Parker 8 Statement of Kim Adams My name is Kim Adams. I am 20 and a freshman at Wind River Community College. I live at home at 4617 South Herschler Avenue in Wind River. I work at the mall at a fast food store. On December 15, 2006, me and T.J. were coming home from a party with some friends after a dance at the school. T. J. had been drinking beer and got in a fight. I don t drink at all. We got home real late. I don t know what time it was. When we got to our house, I saw a car coming down Herschler Avenue with no lights on. I don t remember if any lights from our house were on. It was on the wrong side of the street. I saw two people in the car, both in the front seat. I could not see anyone else in the car. The car was a green station wagon, one of those four-wheel-drive Toyotas or Subarus. I didn t notice anything about it except that it was missing a hubcap. I saw the driver roll down the window and stick an arm out, kind of like waving or something, so I walked toward the car. Next thing I knew the driver pulled up a scarf up over his or her face. The driver also had on some dark glasses. They were those small wire-framed ones but I didn t see them very well. Mostly I was looking at the driver s arm and a shiny thing which looked like a gun. Then I heard four or five shots that sounded like a machine gun going off. Bam-bam-bam-bam-bam. I ran like crazy. I never saw the car after that. I think they were as scared as we were. I thought that I could see a bullet hole in the corner of our house, but when I tried to tell the police officer about it, I was ignored. The police officer seemed so nervous that nothing we said made any difference. That cop treated us like we were gang members of something. I have known Pat Parker for a few years. We used to go to the same junior high school. It seems like every time we see each other one of us gets punched or kicked or something, but it is no big deal. Parker has told people that I stole Parker s mountain bike and some other people think they saw me riding it. I didn t steal anything. I got my own mountain bike. Parker is just a whiner anyway, kind of a crybaby. When I was 18 I went to jail for stealing a car with a bunch of buddies. I pleaded guilty to a felony. I did 60 days in jail and was on probation for 12 months. I had a drug problem but I am now clean. I have paid my debt to society and I am trying to get my life together. I have attached a drawing of what I saw. Kim Adams

9 WHSMT Program State of Wyoming v. Pat Parker 9 Drawing by Kim Adams

10 WHSMT Program State of Wyoming v. Pat Parker 10 Statement of Pat Parker My name is Pat Parker. I am 20 years old. I work at the J.B. s on 3300 South Simpson Avenue as the night manager. I work until midnight five nights a week. We close at midnight so I usually stay a little late to clean up. I live with some friends at an apartment on Lake Street. On December 14, 2006, I went to work as usual at 4 o clock in the afternoon. I worked until midnight, that would be the 15 th. We stayed around and cleaned up for about a half-hour. At about 12:30 or so, on the morning of the 15 th, my friend Jason Barber brought me his Subaru to use for a few days. I am trying to save up enough money to buy me a car but I m really broke all the time. Jason lends me his car all the time. All I have to do is fill it up with gas after I m done. Jason seemed real nervous about something He gave me the keys and left with a friend who followed him in another car. I started to go home and next thing I knew a police officer pulled me over. This officer was a real jerk. I got ordered out of the car and I had to spread my legs and put both hands on the roof of the car. The officer asked me where I had been and I told Officer Miller I just got off from work. No way did that police officer believe me. The officer arrested me and searched my coat and found my blue bandanna and my prescription sunglasses. I can t see very well without them. But I just wear them during the day. I really need them but I can t get them back until this case is over because they are evidence or something. I always carry a bandanna. To me, it is kind of like a handkerchief or something. It doesn t mean anything at all. I just happen to like blue so I always carry a blue one. I carry it at work all the time. I have even used it to wipe off tables. It s no big deal at work. I have known Kim Adams for a while. We seem to fight every time we see each other. Kim ripped off my mountain bike last summer and sold it to someone. I had to buy it back for $100! My own bike and I had to buy it from some girl Kim sold it to. Kim owes me $100 and will do anything to get me in trouble so I can t collect on the debt. Whoever thinks I did a shooting is a liar. You can ask my boss where I was all night. My boss is C.L. Cope. Cope will tell you where I was. By the way, I didn t know that there was a gun under the seat of Jason s car. I never saw any gun at all. Especially a 9 mm. That s a big gun. Those things are dangerous. It must have been left in the car when Jason dropped it off. If I had known it was there I would have tossed it or something. I have no use for guns. I never knew it was there and I never touched it. Pat Parker

11 WHSMT Program State of Wyoming v. Pat Parker 11 Statement of C.L. Cope My name is C.L. Cope. I am 24 years old. I live in Wind River and am the general manager of J.B. s at 3300 South Simpson Avenue. I have known Pat Parker for two years. Pat works for me as my night manager and is a great employee. I would hate to lose Pat as an employee. If Pat is convicted of this crime and goes to jail or something I will be in a real mess at work since I don t have anyone to fill in. I went to my store at shortly after midnight on the 15 th of December in Pat was there cleaning up just like always. Sometimes I have to check up on Pat to make sure my employees aren t leaving the store too early. Sometimes you have to watch Pat. I guess it was around 12:15 a.m. or so when some guys knocked on the front door and gave Pat something. I kind of looked like a set of car keys or something. I couldn t really see. Anyway, these guys talked with Pat for some time and then they left. I left too and didn t get home until after 12:45 or so. I know Pat couldn t have left the store before 12:15. Probably closer to12:30. I didn t have my watch on so I m really just guessing. Anyway, Pat wouldn t do what the police are saying happened. Pat s not that type of person. Except for a small fight or two, Pat is a model employee. I ve had to write Pat up a time or two but no more than the rest. I can honestly say that I have never seen Pat carry or use a gun at any time. Pat knows that I am against guns of any type and knows that I think handguns are made for only one purpose, to kill. I do know that Pat wears those little wire-rimmed sunglasses. We get on Pat because they look so funny. Pat is very proud of them and even wears them at night. I forgot one thing. We had to get on Pat once for wearing colors at work. There is no place for gang activity at our store. We adopted a policy at the store that states that is wrong for any employee to even carry a bandanna at work. Pat knows that rule. Since the rule I have never seen any of our employees with a bandanna or any other type of gang clothing, including jackets or caps. C.L. Cope

12 WHSMT Program State of Wyoming v. Pat Parker 12 Statement of Rae Gordon My name is Rae Gordon. I am 19 years old. I am a sophomore at Wind River Community College. I live at 4623 South Herschler Avenue, just two houses south on the same side of the street at T.J. and Kim Adams. On December 15, 2006, at a little after midnight, I was coming home from a movie with my date. I was alone and tired when I drove toward the house. After a movie a couple of us went to a friend s house and I had two or three beers. I wasn t drunk. I just had a good buzz going. As I approached the house, I noticed a car coming down the street right in front of me. The car was going on the wrong side of the road and didn t have any lights on. I slowed down to see what was going on. As I turned my head, to turn into the driveway I heard a loud BOOM! I turned and looked and saw someone leaning out of the car. I don t know whether it was the front or back seat but it was on the driver s side. They were pointing something at the Adams house. I heard another BOOM and saw a flash of light coming from this object and I realized that it was a gun. I quickly pulled into the driveway and turned off the lights to my car. I looked back at the car and noticed that it was going real fast right in front of my house. My front porch light was on but I don t think the Adams light was. It was dark over there. I saw people rolling up the windows and there was a lot of commotion in the car. The driver had what looked like a wool ski mask pulled over their head. I didn t notice anything else on their face. There was at least one person in the front seat and one in the back. The car looked like a small black or dark colored foreign car. I only saw it for a short time and it was real dark. I think it had mag wheels. I didn t notice anything else unusual about the car at all. Besides that, the car was moving real fast when I saw it. Last year, I was charged and convicted of perjury. I had lied in court about a friend who was charged with a gang fight. I guess I got caught. It s kind of tinny but my friend was charged with fighting with T.J. Adams and I lied to help my friend s case. T.J. is a hot-head who loves to get in fights. Anyway, the judge gave me probation even though she said it was a felony. Rae Gordon

13 WHSMT Program State of Wyoming v. Pat Parker 13 II. Applicable Law Discharge of firearm from a vehicle, near highway, or in direction of any person, building, or vehicle. (1) A person may not discharge any kind of firearm: a. From an automobile or other vehicle; or b. From, upon, or across any highway. (2) A violation of any provision of this section is a class B misdemeanor unless the actor discharges a firearm under any of the following circumstances not amounting to cr9iminal homicide or attempted criminal homicide, in which case it is a third degree felony: a. The actor discharges a firearm in the direction of any person or persons, knowing or having reason to believe that any person may be endangered. b. The actor, with intent to intimidate or harass another or with intent to damage a habitable structure discharges a firearm in the direction of any building; c. The actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle. (3) This section does not apply to a person who discharges any kind of firearm when that person is in lawful defense of self or others Offenses committed by three or more persons Enhanced penalties. (1) A person who commits any offense listed in Subsection (3) in concert with two or more persons is subject to an enhanced penalty for the offense as provided below. (2) In concert with two or more persons as used in this section means the defendant and two or more persons would be criminally liable for the offense as parties under Section (3) The enhanced penalties for offenses committed under this section are: a. If the offense is a class B misdemeanor, the convicted person shall serve a minimum term of 90 consecutive days in a jail or other secure correctional facility. b. If the offense is a class A misdemeanor, the convicted person shall serve a minimum term of 180 consecutive days in a jail or other secure correctional facility. c. If the offense is a third degree felony, the convicted person shall be sentenced to an enhanced minimum term of three years imprison. d. If the offense is a second degree felony, the convicted person shall be sentenced to an enhanced minimum term of six years in a prison. e. If the offense is a first degree felony, the convicted person shall be sentenced to an enhanced minimum term of nine years in prison. f. If the offense is a capital offense for which a life sentence is imposed, the convicted person shall be sentenced to a minimum term of 20 years imprison.

14 WHSMT Program State of Wyoming v. Pat Parker Felony conviction Indeterminate term of imprisonment Increase of sentence if firearm is used. A person who has been convicted of a felony may be sentenced to imprisonment for an indeterminate term as follows: (3) In the case of a felony of the third degree, for a term not to exceed five years but if the trier of fact finds a firearm or a facsimile or the representation of a firearm was used in the commission or furtherance of the felony, the court may additionally sentence the person convicted for an indeterminate term not to exceed five years to run consecutively and not concurrently. III. Stipulations and Pre-Trial Rulings Under general principles of law, prior criminal convictions are admissible against a witness if they are for a felony. The pre-trial judge in this case has ruled that Kim Adams and Rae Gordon s felony convictions are admissible. The judge also ruled that Officer Miller s searches of Pat Parker s coat pockets and vehicle were legal. There are no issues regarding search and seizure or the admissibility of Parker s statement. Both the evidence seized and the statement will be admissible at trial. The statement of the case is meant to provide the attorneys and witnesses an overview of the facts and is not intended to act as a substitute for the witness statements or evidence. However, all information stated in the statement of facts is not in dispute, and both sides so stipulate. Drawings made by any witness and photographs of the evidenced may be duplicated for presentation in court but are not required and will not influence the outcome of trials. At trial, each side must call three witnesses to testify. The State must call, in any order, Officer Miller and the two Adams children, T.J. and Kim. The defense must call the defendant, Pat Parker, as well as C.L. Cope and Rae Gordon. All six witnesses in this case can be played by either a male or a female. Any reference that makes it seem that any witness is of one sex or another is accidental. NOTE: No guns or bullets of any type, real or otherwise, may be used by anyone in the presentation of this case. Only the accompanying photographs and drawings may be used as evidence.

15 WHSMT Program State of Wyoming v. Pat Parker 15 IV. Complaint

16 WHSMT Program State of Wyoming v. Pat Parker 16 STATE OF WYOMING ) ) COUNTY OF CARTER ) IN THE NINTH JUDICIAL DISTRICT OF CARTER COUNTY, WYOMING STATE OF WYOMING PLAINTIFF, VS. CASE CR MT PAT PARKER, DEFENDANT. INFORMATION COMES NOW, Constance Justice, Assistant District Attorney, Ninth Judicial District, and in the name and by the authority of the State of Wyoming, informs the Court and gives the Court to understand that: Count I: Discharge of a Firearm from a Vehicle On or about the 15 th day of December, 2006; In the County of Carter and the State of Wyoming; Pat Parker; Did unlawfully discharge a firearm from an automobile or other vehicle in the direction of any person or persons, knowing or having reason to believe that any person may be endangered; or with intent to intimidate or harass another or with the intent to damage a habitable structure discharged a firearm in the direction of any building; further, that a firearm or a facsimile of a firearm of the representation of a firearm was used in the commission or furtherance of the Discharge of a Firearm from a Vehicle, and that the discharge of a firearm was committed in concert with two or more persons in the commission or furtherance of the offense giving rise to enhanced penalties as provided by Wyoming Code Annotated, Section , 1965, giving rise to enhanced penalties, to wit: did unlawfully discharge a firearm from an automobile in the direction of T.J. Adams and Kim Adams and towards the structure located at 4617 South Herschler Street in Wind River, Carter County, Wyoming, knowing or having reason to believe that the persons may be endangered or with intent to intimidate or harass another or with the intent to damage a habitable structure and in concert with two or more persons in violation of Wyoming Code Annotated, Section , 1965, against the peace and dignity of the State of Wyoming, the same being a Felony (SEE AFFIDAVIT OF PROBABLE CAUSE); Penalties: 3-8 years Constance Justice Assistant District Attorney

17 WHSMT Program State of Wyoming v. Pat Parker 17 STATE OF WYOMING ) ) COUNTY OF CARTER ) IN THE NINTH JUDICIAL DISTRICT OF CARTER COUNTY, WYOMING STATE OF WYOMING PLAINTIFF, VS. CASE CR MT PAT PARKER, DEFENDANT. AFFIDAVIT OF PROBABLE CAUSE COMES NOW, Officer C. Miller, and being first duly sworn on oath deposes and states as follows: That I am a duly authorized Peace officer in the State of Wyoming as defined by W.S (a)(iv) and acted at all times described herein in my official capacity as a member of the Wind River Police Department. That unless otherwise indicated, all events described herein occurred in Carter County, Wyoming. That on December 15, 2006, a firearm was discharged at 4617 South Herschler Street in Wind River in the direction of T.J. Adams and Kim Adams and that I found two spent 9 mm cartridges with WIN 9 mm LUGER engraved on the bottom of them at the scene. The two witnesses described a green Subaru or similar wagon with possibly a roof rack and missing hubcap on the driver s side. I located a green Subaru matching the description of the witnesses and contacted the driver, Pat Parker. During a search of the vehicle I observed a gun and observed that it contained two live 9 mm bullets each of which were engraved on the bottom WIN 9 mm LUGER. Pat Parker is in violation of Wyoming Code Annotated, Section , FURTHER YOUR affiant saith naught. DATED THIS day of, Affiant

18 WHSMT Program State of Wyoming v. Pat Parker 18 V. Exhibits

19 WHSMT Program State of Wyoming v. Pat Parker 19 5th Street 10th Street 15th Street 20th Street VandeVanter Avenue 25th Street 30th Street Map of City of Wind River South Hunt Avenue South Hansen Avenue South Sullivan Avenue South Herschler Avenue South Simpson Avenue X - J.B. s South Geringer Avenue 35th Street 40th Street 45th Street X - Adams House X - Gordon House 50th Street Scale: 2 inches (10 blocks) = 1 mile Shaded area - Business District North

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