Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 11) (8/30/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 11) (8/30/26) · Beyond The Horizon

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the program. In
• 0:03
  Speaker 1: this episode, we're going to pick up where we left
• 0:05
  Speaker 1: off with Tyler Robinson and day one of the prelim transcripts. Now,
• 0:11
  Speaker 1: when we left off, they were all going to lunch.
• 0:14
  Speaker 1: Now they're back. Judge Graff, please be seated. The court
• 0:19
  Speaker 1: is back in session. Noting the presence of counsel, I
• 0:22
  Speaker 1: believe we left off cross-examination. Ms. Nestor, are you ready
• 0:26
  Speaker 1: to proceed? Kathy Nestor, yes. May it please the court?
• 0:29
  Speaker 1: Judge Graff, all right, you may. Kathy Nestor, good afternoon.
• 0:34
  Speaker 1: Officer Bagley, good afternoon. Kathy Nestor, I do want to
• 0:38
  Speaker 1: circle back before I start my new section on two.
• 0:41
  Speaker 1: I just want to specify two things. First of all,
• 0:44
  Speaker 1: we talked about that you had no briefing or no
• 0:47
  Speaker 1: material about security on campus for this particular event. Did
• 0:51
  Speaker 1: you ever have any operational or tactical plan that you
• 0:54
  Speaker 1: were given for the event? Answer for this event, no. Question, okay.
• 0:58
  Speaker 1: And you also mentioned that you've done SWAT in the past. Answer, yeah. Question,
• 1:02
  Speaker 1: were you a sniper? Answer, I was not. I worked
• 1:06
  Speaker 1: well with them, but I was not a sniper. Nestor, okay,
• 1:09
  Speaker 1: so when you... Okay, strike that. Also, we talked about
• 1:13
  Speaker 1: the holster that was found. Are you aware if there
• 1:15
  Speaker 1: were any other guns confiscated on the scene that day? Answer,
• 1:19
  Speaker 1: I am not. Question, you don't know one way or
• 1:21
  Speaker 1: the other? Answer, I do not. Question, all right. Now,
• 1:25
  Speaker 1: I want to go through with you your timeline. You
• 1:28
  Speaker 1: mentioned that you started at the Hall of Flags, right?
• 1:30
  Speaker 1: And then you came down. It took you a minute
• 1:33
  Speaker 1: to kind of navigate the stairs with the crowd and
• 1:35
  Speaker 1: the chaos and everything. And then you were in the
• 1:38
  Speaker 1: grassy area of the courtyard for a bit. Is that right? Answer, yeah.
• 1:41
  Speaker 1: So about 30 seconds to get down the stairs. And
• 1:44
  Speaker 1: then I went right down to where the tent was. Question,
• 1:47
  Speaker 1: and that's where you found the holster? Answer, no. The
• 1:50
  Speaker 1: holster was up higher. So I went down by the tent.
• 1:53
  Speaker 1: So it was a lower level. So as I came
• 1:55
  Speaker 1: down towards where Charlie was shot, I went down towards
• 1:58
  Speaker 1: the tent to assess and see what was going on
• 2:01
  Speaker 1: down there because I didn't know exactly what. I heard
• 2:04
  Speaker 1: the gunshot. I didn't know exactly what was going on.
• 2:07
  Speaker 1: So that was above the tent. Nestor, I'm sorry. I
• 2:11
  Speaker 1: missed that you went down to the tent. So let
• 2:13
  Speaker 1: me ask you about that. So what did you do
• 2:16
  Speaker 1: when you got down to the tent? Answer, when I
• 2:18
  Speaker 1: got down to the tent, Charlie was gone. They put
• 2:20
  Speaker 1: him in the SUV and left. At that moment, there
• 2:23
  Speaker 1: was still some people running around. So I decided... to
• 2:26
  Speaker 1: preserve the crime scene as much as I could with
• 2:29
  Speaker 1: trying to escort people out. And that's why I went
• 2:32
  Speaker 1: back in and started pushing people off the grass area
• 2:35
  Speaker 1: to conserve any ammunition or any casings or anything to
• 2:38
  Speaker 1: that effect that would be around. I wanted to make
• 2:41
  Speaker 1: sure that people were off and that there was as
• 2:43
  Speaker 1: much evidence preserved as possible. Question, so just to be clear,
• 2:47
  Speaker 1: by the time you got to the tent, Mr. Kirk
• 2:49
  Speaker 1: had already been removed and taken from the scene. Is
• 2:52
  Speaker 1: that right? Answer, yes. Question, okay. So in your professional opinion,
• 2:57
  Speaker 1: what was the perimeter of the crime scene? Answer. What
• 3:00
  Speaker 1: do you mean by the perimeter? Answer the perimeter. Like
• 3:04
  Speaker 1: how long did this crime scene stretch? Answer. Well, at
• 3:08
  Speaker 1: first I wanted them all off the grass because like
• 3:10
  Speaker 1: I said, I thought we had a suspect in custody.
• 3:12
  Speaker 1: So to me, it would be a close encounter. So
• 3:15
  Speaker 1: I was trying to push everybody off the grass in
• 3:17
  Speaker 1: case there was shell casings or to the effect that
• 3:19
  Speaker 1: it got on the grass. So after I pushed them
• 3:23
  Speaker 1: off the grass, part and getting up to the top
• 3:25
  Speaker 1: where I saw the empty holster, when I saw the
• 3:27
  Speaker 1: empty holster is when things started slowing down for me
• 3:30
  Speaker 1: a little bit. All the chaos and stuff is that's
• 3:33
  Speaker 1: when I realized it was a rifle shot, not a
• 3:35
  Speaker 1: handgun shot. Question, okay, and that's when you saw the
• 3:39
  Speaker 1: Lossie building and it occurred to you, you should go
• 3:41
  Speaker 1: check it out? Answer, yeah, it was right in my
• 3:43
  Speaker 1: line of sight. Question, and correct me if I'm wrong,
• 3:46
  Speaker 1: But the whole time that this is going on, you
• 3:48
  Speaker 1: had an active body camera on your, I guess your collar.
• 3:51
  Speaker 1: Is that right? Answer. That was right on my chest. Question.
• 3:55
  Speaker 1: On your chest? Answer. Yes. Question. Okay. Was it on? Answer. Yes. Question.
• 4:02
  Speaker 1: And it appears to me from reviewing your body camera
• 4:05
  Speaker 1: that there was another individual who was with you that
• 4:08
  Speaker 1: went to the Losey building who was in civilian clothing,
• 4:11
  Speaker 1: but appeared to have a gun. Answer. Yes. Question. Who
• 4:15
  Speaker 1: was that? Answer. I don't know who he was exactly,
• 4:18
  Speaker 1: he had a badge on, and I had somebody with
• 4:20
  Speaker 1: me to back me up as I ran up the
• 4:22
  Speaker 1: stairs to make sure I had somebody with me. Question,
• 4:25
  Speaker 1: so you don't know what agency he was from? Answer, no. Question,
• 4:28
  Speaker 1: and it looked like he had a pistol? Answer, yes. Question,
• 4:31
  Speaker 1: is that right? Answer, a handgun? Yes. Question, a handgun? Answer, yeah. Question,
• 4:37
  Speaker 1: and so the two of you, you go up to
• 4:39
  Speaker 1: the Losey building? Answer, yeah. Question, when you reviewed the
• 4:43
  Speaker 1: videotape at the police department later, Did you check to
• 4:45
  Speaker 1: see if anyone had been on the Lhotse building after
• 4:48
  Speaker 1: the shooting, after this individual had jumped off that you've
• 4:51
  Speaker 1: already talked about? Was there anybody else on the roof?
• 4:54
  Speaker 1: Did you check and see in that gap in time? Answer,
• 4:57
  Speaker 1: in that gap in time, no. So once I put
• 5:00
  Speaker 1: up the barrier, I only walked up to about that point.
• 5:03
  Speaker 1: Then I went down and reviewed the video from that
• 5:06
  Speaker 1: moment on. Question, are you able to say for one
• 5:09
  Speaker 1: way or the other if anyone else had been on
• 5:11
  Speaker 1: that roof in between when the person jumped off the building?
• 5:14
  Speaker 1: And when you came on the roof, are you able
• 5:16
  Speaker 1: to say that one way or the other? Answer, there
• 5:19
  Speaker 1: was people up there looking for an individual that ran
• 5:22
  Speaker 1: away because when I first got, told the individual ran
• 5:26
  Speaker 1: heading north, we didn't know where the shooter was. So
• 5:29
  Speaker 1: we started climbing up and looking, clearing the building. And
• 5:32
  Speaker 1: it wasn't until the PD and I actually saw him
• 5:34
  Speaker 1: jump off of the building that I knew he was
• 5:37
  Speaker 1: off the building. Question, let me rephrase that because I
• 5:41
  Speaker 1: think I either asked it badly or you misunderstood me.
• 5:44
  Speaker 1: So let me go back again. So from the time
• 5:47
  Speaker 1: that the individual that you spotted on the video jumped
• 5:49
  Speaker 1: off the roof, right? The individual that you thought was
• 5:52
  Speaker 1: in a prone position between that and when you got
• 5:56
  Speaker 1: on the roof, did you ever check to see if
• 5:58
  Speaker 1: anybody else had been on the roof in that period
• 6:00
  Speaker 1: of time? Answer. Yeah, I didn't see anybody. Question. So
• 6:04
  Speaker 1: you did watch. He cuts her off. I didn't notice anybody. Yeah. Question.
• 6:10
  Speaker 1: Did you look on the video to see that entire? Okay.
• 6:13
  Speaker 1: That's what I'm asking. So you did not review the
• 6:16
  Speaker 1: video to see if there was someone between that individual
• 6:18
  Speaker 1: jumping off and you coming on, if anybody had been
• 6:22
  Speaker 1: on or disturbed that scene in any way? Answer, no. Question, okay.
• 6:26
  Speaker 1: But once you put the tape up, then we're confident
• 6:28
  Speaker 1: from that point on the scene was preserved, right? Answer, yeah. Question,
• 6:32
  Speaker 1: by the way, where did you get that tape? Answer,
• 6:36
  Speaker 1: officers responded on the scene that he was down on
• 6:38
  Speaker 1: the bottom and threw it up to me. So? Question, okay.
• 6:41
  Speaker 1: So you didn't have it on you? Answer, no. Question,
• 6:44
  Speaker 1: and you didn't leave the scene to go get it. Answer, no. Question,
• 6:47
  Speaker 1: someone threw it up. Answer, yes. Question, great. All right.
• 6:51
  Speaker 1: While you were on the roof, did you encounter any
• 6:53
  Speaker 1: spent casings? Answer, as a matter of fact, no. That's
• 6:57
  Speaker 1: why when I saw the prone position, where the person
• 6:59
  Speaker 1: would be laying down as a sniper, being around guns
• 7:02
  Speaker 1: and snipers all the time, I was looking for a
• 7:04
  Speaker 1: spent shell casing. I couldn't see one. I was looking
• 7:07
  Speaker 1: over the edge, looking all over the place, making sure
• 7:10
  Speaker 1: the gravel wasn't disturbed. and I couldn't find a shell
• 7:12
  Speaker 1: casing at the moment. Question, and that would be the
• 7:16
  Speaker 1: reason you would be looking for that because some type
• 7:19
  Speaker 1: of guns, when they shoot, eject a casing automatically, right? Answer, yeah. Question,
• 7:24
  Speaker 1: some do, some don't. Answer, yes. Question, all right. And
• 7:27
  Speaker 1: then you also didn't find any unshot bullets. Answer, no. Question, okay.
• 7:32
  Speaker 1: Are you aware of there being a bullet found on
• 7:34
  Speaker 1: another roof? Answer, I am not aware. She continues, in
• 7:38
  Speaker 1: the vicinity, were you aware of another bullet being found
• 7:41
  Speaker 1: on the scene? Not on the roof of the Losey building? Answer, no. Question,
• 7:45
  Speaker 1: all right, your body cam footage that I reviewed appears
• 7:48
  Speaker 1: to end while you're still on the roof. Do you
• 7:50
  Speaker 1: know why that is? Answer, I think the battery went dead.
• 7:53
  Speaker 1: It was just that at that moment. Question, okay, and
• 7:56
  Speaker 1: did you ever turn your back or turn it back
• 7:58
  Speaker 1: on that day or get it on? I don't know.
• 8:00
  Speaker 1: Would you have to charge it or stick a new
• 8:02
  Speaker 1: battery in it? I don't even know. Question or answer,
• 8:06
  Speaker 1: usually dock it, but no, I didn't go back. It
• 8:08
  Speaker 1: was too chaotic running around. Question, so that 27 minutes
• 8:12
  Speaker 1: and 35 second body cam that starts when you're at
• 8:15
  Speaker 1: the Hall of Flags and ends while you're still on
• 8:17
  Speaker 1: the roof, but haven't put up the crime tape yet,
• 8:21
  Speaker 1: that's the only body cam you have that day? Answer, yeah. Question,
• 8:25
  Speaker 1: all right, you mentioned when you went to the police department,
• 8:28
  Speaker 1: you watched the video where you saw an individual up
• 8:30
  Speaker 1: on the roof, right? Answer, yeah. Question, and that individual
• 8:34
  Speaker 1: was in the vicinity where you saw the disturbance in
• 8:37
  Speaker 1: the gravel? Answer, yes. Question, And when you look at
• 8:40
  Speaker 1: that video, were you able to identify the individual's face? Answer, no. Question,
• 8:45
  Speaker 1: were you able to identify any markings on their clothing? Answer, no. Question,
• 8:50
  Speaker 1: were you able to identify their height? Answer, no. Question,
• 8:54
  Speaker 1: when we look at the picture of the, I think
• 8:56
  Speaker 1: you called it the sniper perch, so I'm going to
• 8:58
  Speaker 1: use your words, it looks like there was a measuring
• 9:01
  Speaker 1: tape laid out next to it. Were you present when
• 9:03
  Speaker 1: they measured the distance, like how tall that person would
• 9:06
  Speaker 1: have been? Answer, I was not. Question, so you don't
• 9:09
  Speaker 1: know what that is? Answer, I don't. Question, were you
• 9:12
  Speaker 1: able to tell the person's height from the video that
• 9:14
  Speaker 1: you saw? Answer, I can tell he wasn't heavyset. Question, okay. So,
• 9:19
  Speaker 1: more of a skinnier person. Question, could you identify what
• 9:23
  Speaker 1: shoes they were wearing? Answer, I could not. Question, could
• 9:26
  Speaker 1: you identify anything about a hat or what was on
• 9:28
  Speaker 1: their head? Answer, at the moment, no, I couldn't. Question, okay,
• 9:32
  Speaker 1: and did you see a gun in the video? Answer,
• 9:34
  Speaker 1: I saw a long black object in the left hand
• 9:37
  Speaker 1: as he was running across the roof. Question, and in fact,
• 9:40
  Speaker 1: did you describe that in your report as a bag? Answer,
• 9:43
  Speaker 1: I don't know. I have no idea. Question, all right,
• 9:46
  Speaker 1: let's pull that report back up, please. Never mind, I
• 9:48
  Speaker 1: don't think you mentioned what you saw. So in your report,
• 9:52
  Speaker 1: let's pull that back up, please. Page five on the
• 9:54
  Speaker 1: bagly one. So looking at the second page, you're actually
• 9:57
  Speaker 1: going to have to go to page six. I think
• 9:59
  Speaker 1: you talk about what you saw in the video where
• 10:02
  Speaker 1: they jumped off the roof. And again, I'm going to
• 10:04
  Speaker 1: remind you of our conversation we had before you understand
• 10:08
  Speaker 1: how important these reports are. Answer. Yep. Question. And do
• 10:13
  Speaker 1: you mention anywhere in this report that you saw a gun? Answer.
• 10:16
  Speaker 1: I did not. I just an audible. No object. Question.
• 10:20
  Speaker 1: Did you mention that you saw that object? Is that
• 10:22
  Speaker 1: on here? Answer, no. Question, okay, so you left that out. Now,
• 10:26
  Speaker 1: have you looked at that over and over again? Answer
• 10:29
  Speaker 1: of the video? Question, yeah. Answer, no, I've only seen
• 10:32
  Speaker 1: it twice. Question, oh really? Answer, yup. Question, when was
• 10:36
  Speaker 1: the last time you saw it? Answer, it's been months. Question, okay,
• 10:40
  Speaker 1: so the last time you saw it, were you able
• 10:42
  Speaker 1: to tell what the object was in his hand? Answer, yeah, well,
• 10:45
  Speaker 1: not tell what it was. I can see that there's
• 10:47
  Speaker 1: an object in the left hand, yeah. Question, and knowing
• 10:50
  Speaker 1: what you know about the case today, do you have
• 10:52
  Speaker 1: any idea what that object was? Answer, it looks like
• 10:55
  Speaker 1: a rifle or something to that effect, a long object. Question,
• 10:59
  Speaker 1: it looks like a rifle? Answer, a long object, like
• 11:02
  Speaker 1: skinny and long. You can almost see like it's covered
• 11:04
  Speaker 1: over something. Question, so you saw the cover, which was
• 11:08
  Speaker 1: the towel, right? Answer, yeah, and the shape of it's long. Question, okay,
• 11:12
  Speaker 1: so you can see the towel, but you can't see
• 11:14
  Speaker 1: the actual gun. Answer, I don't know if it was
• 11:17
  Speaker 1: a towel or a blanket, I don't know what it was.
• 11:20
  Speaker 1: question but you can't see the actual gun in the
• 11:22
  Speaker 1: video answer no like an object like a form of
• 11:25
  Speaker 1: a gun like a long object all right folks we're
• 11:28
  Speaker 1: going to wrap this one up right here and in
• 11:30
  Speaker 1: the next episode we're going to pick up with okay
• 11:33
  Speaker 1: all right at the end of the day what time
• 11:35
  Speaker 1: did you leave the campus all the information that goes
• 11:38
  Speaker 1: with this episode can be found in the description box