Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 9) (8/26/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the program. In
- 0:04Speaker 1: this episode, we're going to get back to day number
- 0:07Speaker 1: one of the preliminary hearing for Tyler Robinson. Grunender, Kimberly,
- 0:15Speaker 1: if we can zoom in. Officer, I'm going to have
- 0:17Speaker 1: you come down and describe for the court where you
- 0:20Speaker 1: put that police tape up to secure the scene, the
- 0:22Speaker 1: rooftop area on the southwest corner of the rooftop. Answer. Answer.
- 0:28Speaker 1: So this is the top of the Loci building. You
- 0:30Speaker 1: got two different grays. The southwest is towards the top,
- 0:33Speaker 1: center of the picture. You can see some yellow tape
- 0:36Speaker 1: that spans from over here on the far right side
- 0:39Speaker 1: of the picture by these black pipes. Goes around the
- 0:41Speaker 1: silver vent, comes back down around the corner of the
- 0:45Speaker 1: silver to keep everybody out of that area where the
- 0:47Speaker 1: prone position was at. Question by Grunender. Okay, on that photograph,
- 0:54Speaker 1: are you able to see where you put the tape
- 0:56Speaker 1: up as far as the access way? To that roof
- 0:58Speaker 1: near the stairway? Answer. So it was right here, actually,
- 1:02Speaker 1: this natural barrier where you have to climb over the guardrail.
- 1:06Speaker 1: So this is the other barrier that I had set up. Question.
- 1:09Speaker 1: And you put police tape on that? Answer. Yeah. Question. Okay.
- 1:14Speaker 1: Did you eventually leave that area? Answer. I did. Question.
- 1:18Speaker 1: Do you recall about what time you left the area? Answer. Oh,
- 1:21Speaker 1: I have it in my notes. It would be when
- 1:23Speaker 1: I left the area. It was almost one o'clock, about 103, 101. Question, okay,
- 1:29Speaker 1: before leaving, did you leave the scene with anyone? Answer,
- 1:33Speaker 1: I did not leave the scene. Or did I leave
- 1:35Speaker 1: the scene to somebody? Yes. Grunender, just to someone else? Answer, yes. Question,
- 1:41Speaker 1: and who was that? Answer, it was a county deputy,
- 1:44Speaker 1: a female. Question, did you provide instructions to her? Answer,
- 1:50Speaker 1: I did. Question, and what were those instructions? Answer, I
- 1:54Speaker 1: advised her not to let anybody inside the crime scene
- 1:56Speaker 1: without being a police officer. or an investigator. Question, okay,
- 2:01Speaker 1: thank you. You can take your seat again. Officer, upon
- 2:04Speaker 1: seeing this disturbance in the gravel, you've described what it
- 2:07Speaker 1: looked like to you? Answer, yes. Question, someone lying down
- 2:11Speaker 1: in a prone position, correct? Answer, yes. Question, what did
- 2:14Speaker 1: you do next? Answer, so when I got to the
- 2:17Speaker 1: top of the Losey building during that day, I noticed
- 2:19Speaker 1: the screwdriver kept going to the edge, found that prone position.
- 2:24Speaker 1: At that moment, I realized, because it was in the
- 2:27Speaker 1: direct line of sight, plus the disturbance in the gravel
- 2:30Speaker 1: where I could see somebody had laid down in a
- 2:32Speaker 1: prone position or a sniper position and asked dispatch to
- 2:35Speaker 1: get on. Then I realized that we probably didn't have
- 2:39Speaker 1: our shooter in custody from that moment. I asked dispatch
- 2:43Speaker 1: to get on the camera system and to see if
- 2:44Speaker 1: anybody was on top of the Losey building during the
- 2:47Speaker 1: time of the incident. Question, were you advised of anything? Answer,
- 2:51Speaker 1: I was. Dispatch came back and advised me that there
- 2:55Speaker 1: was a male individual on top of the roof and
- 2:57Speaker 1: that was there at the time of the shooting. Question.
- 3:01Speaker 1: Did they describe what his movements were? Answer. They did.
- 3:04Speaker 1: They stated that he ran to the edge, dropped down, crawled,
- 3:07Speaker 1: got into a prone position. Question. I'm going to stop
- 3:11Speaker 1: you right there. Ran to the edge. What direction and
- 3:15Speaker 1: what edge? Answer. Running west and southwest of the Losey building,
- 3:21Speaker 1: so ran towards the tent where Charlie Kirk was so
- 3:24Speaker 1: they could get in the line of sight. And then
- 3:26Speaker 1: the individual stood up after the shooting, and ran northeast
- 3:30Speaker 1: on the top of the Losey building. Question, okay, and
- 3:33Speaker 1: you mentioned that this individual on the video dropped off
- 3:37Speaker 1: the edge. Did you get that? Answer, I haven't mentioned that. Question, oh,
- 3:41Speaker 1: what else was described to you? Answer, then, well, at
- 3:45Speaker 1: the moment, so I knew that there was possibly a
- 3:47Speaker 1: shooter on the run. Kathy Nestor, your honor, can we
- 3:50Speaker 1: just have a continuing objection to all the hearsay that's
- 3:53Speaker 1: being testified here? Grunender and Judge. My response to that
- 3:59Speaker 1: was I'm not actually offering this for the truth of
- 4:01Speaker 1: the matter. Asserted at this point, simply for the effect
- 4:06Speaker 1: on the here. So I'm not offering what's been described
- 4:08Speaker 1: in the video as substantive evidence. Judge Graff, all right, Ms. Nestor.
- 4:13Speaker 1: As with that clarification, any thoughts? Nestor, I'll just stand
- 4:17Speaker 1: down on the objection. I mean, he's clearly offering it
- 4:20Speaker 1: for the truth because asking him to describe the route
- 4:23Speaker 1: of the individual and it's based on what other people
- 4:26Speaker 1: told him. So if he wants to circle back to
- 4:29Speaker 1: it after he's put the video in, I mean, we
- 4:31Speaker 1: could do that. But right now, I still think it's
- 4:34Speaker 1: inappropriate hearsay, Your Honor. Judge Graff, all right. Anything further, Mr. Grunender? Grunender,
- 4:40Speaker 1: I'll submit it to the court. Judge Graff, all right.
- 4:44Speaker 1: So as a magistrate, as this is not a jury,
- 4:47Speaker 1: it's to myself as a magistrate, I am not accepting
- 4:50Speaker 1: that statement for the truth of the matter asserted simply
- 4:53Speaker 1: for what has been stated. So I'm specifically making that
- 4:57Speaker 1: finding as I'm receiving this evidence, and I'm not accepting
- 5:00Speaker 1: it for the truth of the matter, asserted only as
- 5:03Speaker 1: represented by Mr. Grunender, and with that the objection is overruled. Mr. Grunender,
- 5:08Speaker 1: you may proceed. Grunender, thank you, Judge. So you mentioned
- 5:13Speaker 1: you were provided with information that an individual was running
- 5:16Speaker 1: north on the Losey rooftop, correct? Answer, yes. Question, what
- 5:21Speaker 1: else was described to you? Answer, at that moment, I actually,
- 5:25Speaker 1: I knew... I had responding units coming into the scene.
- 5:28Speaker 1: I advised other officers that I needed the Losey building secured, searched,
- 5:32Speaker 1: because I didn't know exactly what way that other that
- 5:35Speaker 1: he ran north. That moment I went down to the
- 5:38Speaker 1: police department, which is just down the stairwell, and looked
- 5:41Speaker 1: at the video myself. Question. Where is the police department located? Answer.
- 5:46Speaker 1: It's in the Gunther Trade Building. It's just directly to
- 5:49Speaker 1: the south of the Losey building. Question. Okay. Answer. So
- 5:57Speaker 1: where I describe those outside stairs, the building to the
- 6:00Speaker 1: left of that or south would be the Gunther Trade Building. Question, okay.
- 6:05Speaker 1: On what level is the police department? Answer, it's level three.
- 6:08Speaker 1: Question level three, okay. Upon arriving at the police department,
- 6:12Speaker 1: what did you do next then? Answer, I then took
- 6:16Speaker 1: the footage to verify for myself exactly what expired on
- 6:19Speaker 1: that moment where I could see an individual run up
- 6:22Speaker 1: to the edge, get up and then run off and
- 6:25Speaker 1: then drop off the northeast side of the building of
- 6:28Speaker 1: the Losee building. Question, okay, having viewed that, what did
- 6:32Speaker 1: you do next? Answer, at that moment, I realized I
- 6:36Speaker 1: had a bigger crime scene that I needed to contain
- 6:38Speaker 1: and preserve for evidence. At that moment, I went and
- 6:42Speaker 1: grabbed some more crime scene tape and I responded to
- 6:44Speaker 1: the northeast side of the building and secured an area
- 6:47Speaker 1: where I saw an impression of the shoe print inside
- 6:49Speaker 1: the grass and also up above on that northeast side
- 6:53Speaker 1: of the building. I could see on the cement there
- 6:55Speaker 1: was something had scuffed there and then dropped down to
- 6:59Speaker 1: the shoe imprint and then finished going northeast. Question, okay,
- 7:04Speaker 1: if I can take the witness back to state exhibit two.
- 7:07Speaker 1: You mentioned seeing an individual drop down. Could you come
- 7:10Speaker 1: down and point that area out to the court? Answer, yeah.
- 7:13Speaker 1: This is the Losey building again on the top right
- 7:16Speaker 1: center of the photo. Southwest side is where the individual
- 7:19Speaker 1: was laying down prone and the line of sight came
- 7:22Speaker 1: behind the atrium. came behind that on the west side
- 7:26Speaker 1: of it, came up to the north side of the
- 7:28Speaker 1: Losey building on the east, and this white square piece
- 7:32Speaker 1: on the far right of the picture, and then he
- 7:34Speaker 1: dropped down off the east side of the Losey building
- 7:37Speaker 1: into the grass down below here. Question, so the northeast corner. Answer, yes.
- 7:43Speaker 1: Northeast corner. Question? You mentioned you observed something on the grass. Answer,
- 7:50Speaker 1: I did. I saw a shoe imprint that was embedded
- 7:52Speaker 1: pretty deep right next to where he dropped off. Question,
- 7:56Speaker 1: and all this footage that you personally observed on the
- 7:58Speaker 1: surveillance video? Answer, yes. Question, okay, when you got to
- 8:02Speaker 1: the scene, describe in as best detail as you can
- 8:06Speaker 1: what you saw on the grass then. Answer, so when
- 8:08Speaker 1: I got to the scene, I could see that there
- 8:10Speaker 1: was a shoe imprint there. When I looked up onto
- 8:13Speaker 1: the cement from the roof, I could see some scratching
- 8:16Speaker 1: or rub marks from the top of the roof that
- 8:18Speaker 1: was not there. I could see that looked abnormal. I
- 8:22Speaker 1: then decided to put crime scene tape around the whole
- 8:25Speaker 1: area in case there was more evidence that needed to
- 8:27Speaker 1: be preserved. Question. On that exhibit number two, do you
- 8:32Speaker 1: see where you place the crime scene tape? Answer. Yes,
- 8:35Speaker 1: I do. Question. And where is that? Can you describe
- 8:38Speaker 1: that to the court? Answer. It's going to be on
- 8:41Speaker 1: the far right in the center of the picture. You
- 8:43Speaker 1: can see the yellow tape. I came around trees. I
- 8:47Speaker 1: came up further out of the picture. Some more trees.
- 8:50Speaker 1: I came down all the way down to the backside
- 8:52Speaker 1: of the LDS Institute building, and there's a sidewalk to
- 8:56Speaker 1: block everybody out of coming up that way. Question, okay,
- 9:00Speaker 1: did you at one point leave the scene? Answer, I did. Question,
- 9:03Speaker 1: did you release the scene to anyone? Answer, I did. Question,
- 9:06Speaker 1: and who was that? Answer, there was two Payson police
- 9:10Speaker 1: officers that were standing there. Question, okay, were they in uniform? Answer,
- 9:15Speaker 1: they were. Question, did you provide them with instruction? Answer,
- 9:18Speaker 1: I advise them not to let anybody inside the crime
- 9:20Speaker 1: scene other than law enforcement or investigators. Question, okay, you
- 9:25Speaker 1: can take your seat again. Officer Bagley, you've talked about
- 9:29Speaker 1: the disturbance in the gravel that was observed on the
- 9:32Speaker 1: Losey Building. Answer, yes. Question, did you walk through that
- 9:36Speaker 1: disturbance in the gravel? Answer, I did not. Question, did
- 9:39Speaker 1: you otherwise touch it in any way? Answer, no. With
- 9:43Speaker 1: respect to the shoe print that you observed on the
- 9:45Speaker 1: grass on the Northeast Lawn, Area below the Losey building,
- 9:50Speaker 1: did you walk through that? Answer, I did not. Question,
- 9:53Speaker 1: did you otherwise disturb that? Answer, no. Question, Officer Bagley,
- 9:58Speaker 1: what did you do next? Answer, from the moment I
- 10:02Speaker 1: then released the scene, I went down to the Fugle
- 10:04Speaker 1: building and knew that's where the Incident Command Center was at,
- 10:08Speaker 1: so I could relay information that I'd found to responding
- 10:12Speaker 1: units and people in charge. Grunender, can I have a moment, Judge?
- 10:17Speaker 1: Judge Graff, you may. Grunender? The state will pass the witness, Judge.
- 10:22Speaker 1: All right, folks, we're going to wrap up right here.
- 10:24Speaker 1: And in the next episode dealing with the topic, we're
- 10:26Speaker 1: going to pick up with the cross-examination of Officer Bagley.
- 10:31Speaker 1: All the information that goes with this episode can be
- 10:34Speaker 1: found in the description box.