Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 10) (8/28/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 1-Part 10) (8/28/26) · 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 the Tyler Robinson prelim hearing, day number one.
• 0:10
  Speaker 1: And we left off with Mr. Grunender passing off the
• 0:14
  Speaker 1: witness to the defense. Judge Graff, all right, Ms. Nestor.
• 0:20
  Speaker 1: And Ms. Nestor, before you begin, what time would you
• 0:22
  Speaker 1: like to break for lunch? I don't want to interrupt
• 0:25
  Speaker 1: the line of questioning, and so I just want to
• 0:26
  Speaker 1: make sure that we're taking a look at the clock.
• 0:29
  Speaker 1: and when you feel is a good time to break, roughly,
• 0:32
  Speaker 1: in that 12, 1210 range. Answer by Kathy Nestor. I'll
• 0:36
  Speaker 1: aim for that, Your Honor. That shouldn't be a problem.
• 0:38
  Speaker 1: Judge Graff, okay, thank you. You may proceed. Nestor, may
• 0:42
  Speaker 1: it please the court? Judge Graff, yes. Nestor, good afternoon,
• 0:46
  Speaker 1: or morning still. Officer Bagley, my name is Kathy Nestor.
• 0:52
  Speaker 1: I'm one of the attorneys representing Mr. Robinson today, and
• 0:55
  Speaker 1: I do have some questions for you. Answer by Officer Bagley. Okay. Question.
• 1:01
  Speaker 1: So you mentioned that you checked in around 11 a.m.
• 1:03
  Speaker 1: on the day of the shooting. Is that right? Answer. Yes. Question.
• 1:07
  Speaker 1: Did you know in advance that there was going to
• 1:09
  Speaker 1: be this event on campus? Answer. I did. I signed
• 1:13
  Speaker 1: up for an overtime shift. So yes, for the special event,
• 1:16
  Speaker 1: I signed up for the overtime shift. Kathy Nestor got it.
• 1:20
  Speaker 1: And so did you attend any type of debrief or
• 1:23
  Speaker 1: briefing or meeting to prepare for the security of the event? Answer.
• 1:27
  Speaker 1: I did not because that morning when I got there,
• 1:30
  Speaker 1: we had individuals on top of the Hall of Flags.
• 1:33
  Speaker 1: So when I walked in, I just checked on. Was
• 1:35
  Speaker 1: going to get my uniform on. The chief long got
• 1:38
  Speaker 1: a text or an email or a phone call stating
• 1:40
  Speaker 1: that there was people on top of the Hall of
• 1:42
  Speaker 1: Flags throwing stuff down on the tent. Therefore, he sent
• 1:46
  Speaker 1: two officers that were on duty down to secure the area.
• 1:49
  Speaker 1: I got dressed and then came back and then went
• 1:52
  Speaker 1: to the Hall of Flags to help secure the area. Question,
• 1:56
  Speaker 1: so you never attended any kind of, I'll just use
• 1:58
  Speaker 1: the word debrief, or meeting to talk about what the
• 2:01
  Speaker 1: officers on scene were going to do that day to
• 2:03
  Speaker 1: keep everybody safe? Answer, no, not that morning. Question, do
• 2:07
  Speaker 1: you know if there was such a meeting? Answer, I
• 2:10
  Speaker 1: don't know, because when I got there, it was starting to,
• 2:12
  Speaker 1: people were throwing stuff down on the tent. Question, do
• 2:15
  Speaker 1: you know how many UVU officers you guys employ normally? Answer, employ,
• 2:20
  Speaker 1: there was 15. Question, and do you know how many
• 2:23
  Speaker 1: were assigned to cover the event that day? answer that
• 2:27
  Speaker 1: were assigned to cover it. There was six of us
• 2:29
  Speaker 1: that were, there was patrol one and then five others
• 2:33
  Speaker 1: that were there with the chief question. Did you all
• 2:37
  Speaker 1: have an idea that we're going to be thousands and
• 2:40
  Speaker 1: thousands of people there? Or was that a surprise to you?
• 2:44
  Speaker 1: Answer had an idea question and only five officers answer six. Yes.
• 2:50
  Speaker 1: Question six. I'm sorry. I'm counting you. I was thinking,
• 2:54
  Speaker 1: And of those six officers, are you all armed? Do
• 2:57
  Speaker 1: you all carry weapons? Answer, yes. Question, what type of
• 3:00
  Speaker 1: weapons do you carry? Answer, Glock pistols. Question, okay. Was
• 3:05
  Speaker 1: there any use on campus of, I think they called magnetometers,
• 3:12
  Speaker 1: but the machines you walk through at TSA and the
• 3:14
  Speaker 1: airport where it checks to see if you're carrying anything metal?
• 3:18
  Speaker 1: What we all had to go through to get into
• 3:19
  Speaker 1: the courtroom. Were there any machines like that set up
• 3:22
  Speaker 1: or being used on campus that day? Answer, no. Question,
• 3:27
  Speaker 1: and as far as you know, were there any drones
• 3:29
  Speaker 1: that were flying above campus that day? Answer, not that
• 3:32
  Speaker 1: I know of. Question, and did anyone ever talk to
• 3:34
  Speaker 1: you about covering anything near or on top of or
• 3:38
  Speaker 1: in the Losey building? Were you ever assigned that area
• 3:40
  Speaker 1: before the shooting? Answer, no. Question, do you know who was? Answer,
• 3:44
  Speaker 1: I don't. Question, and when you got up on the
• 3:47
  Speaker 1: roof that afternoon, was anybody around that was law enforcement? Answer, no. Question,
• 3:52
  Speaker 1: nobody on the roof? Answer, no. Question. Nobody in the stairway? Answer. Nope. Question.
• 3:59
  Speaker 1: Nobody in the walkway? Answer. Nope. Question. Okay. In the
• 4:03
  Speaker 1: state of Utah, is a campus a gun-free zone? Are
• 4:07
  Speaker 1: students allowed to have guns on campus? Answer. It's an
• 4:10
  Speaker 1: open carry state, so yes. Question. And did you see
• 4:14
  Speaker 1: anybody that was armed that day other than law enforcement? Answer.
• 4:17
  Speaker 1: I did not see. Question. Were you aware of whether Mr.
• 4:21
  Speaker 1: Kirk had his own security team present there with him? Answer. Yes. Question,
• 4:26
  Speaker 1: did you communicate with any of those people? Answer, I
• 4:30
  Speaker 1: saw one of the individuals that was on top of
• 4:31
  Speaker 1: the Hall of Flags right next to me, yes. Question, okay,
• 4:36
  Speaker 1: and was that before the shooting? Answer, yeah, and then
• 4:39
  Speaker 1: I saw several down in the crowd and down by him. Question,
• 4:42
  Speaker 1: and were you aware of whether that person was armed either? Answer,
• 4:47
  Speaker 1: I was aware he was armed. Question, okay, was there
• 4:50
  Speaker 1: any other law enforcement agency beside Mr. Kirk, private security team?
• 4:54
  Speaker 1: and your six officers, including you, that were covering the
• 4:57
  Speaker 1: event that day? In other words, did you have any
• 5:00
  Speaker 1: Provo police or Orem police or anyone that you knew
• 5:04
  Speaker 1: or federal agencies? Answer, I don't know. Question, you never
• 5:08
  Speaker 1: saw any that day? Answer, no, not until the response
• 5:11
  Speaker 1: came in. Question, and did you mention, I think I heard,
• 5:15
  Speaker 1: you just a few minutes ago testify you turned over
• 5:18
  Speaker 1: the scene on the roof to a woman who was
• 5:20
  Speaker 1: a deputy sheriff, right? Answer, yeah. Question, and that you
• 5:24
  Speaker 1: turned over the scene where the individual dropped off to,
• 5:28
  Speaker 1: I believe you said, was it Orem Police? Answer, Payson. Question,
• 5:33
  Speaker 1: Payson Police, thank you. Those people weren't there until after
• 5:36
  Speaker 1: the shooting, right? They were part of a just response
• 5:39
  Speaker 1: of everybody in the area? Answer, correct. Question, okay, did
• 5:44
  Speaker 1: you receive any type of briefing material, written material, prior
• 5:47
  Speaker 1: to the event that talked about who would be covering
• 5:50
  Speaker 1: what or anything like that? Answer, no, not that morning.
• 5:54
  Speaker 1: Like I said, it started getting hectic. So we were
• 5:57
  Speaker 1: trying to get down there to secure the area and
• 5:59
  Speaker 1: push people away from the top of the tent. Question, now,
• 6:04
  Speaker 1: when this event was over, you prepared a report, is
• 6:06
  Speaker 1: that right? Answer, I did. Question, and in the report
• 6:10
  Speaker 1: it covers a lot of what you testified to Mr. Grunender,
• 6:12
  Speaker 1: doesn't it? Answer, yes. Question, and I think you attended, what,
• 6:16
  Speaker 1: 600 hours of post-training? Answer, it's around 600 hours, yes. Question,
• 6:21
  Speaker 1: and I'm sure somewhere in that training, you were taught
• 6:23
  Speaker 1: the importance of your police report. Answer, yes. Question, and
• 6:29
  Speaker 1: how it'll be relied on years later to recreate events
• 6:32
  Speaker 1: like it's being done right now. And so you know
• 6:34
  Speaker 1: it's really important to be as accurate as possible in
• 6:37
  Speaker 1: your report. Answer, yeah. Question, can we put up Bagley 1?
• 6:42
  Speaker 1: Can we switch it over to the defense table, please?
• 6:45
  Speaker 1: Thank you so much, and show it only to the witness.
• 6:48
  Speaker 1: This is state's exhibit number one. Kathy Nestor, it's his
• 6:52
  Speaker 1: police report. Do you want a copy? Answer, all right. Question,
• 6:56
  Speaker 1: do you see the report in front of you? Answer,
• 6:58
  Speaker 1: I do. Question, and is that the report that you prepared?
• 7:01
  Speaker 1: Or did you prepare this report? Answer, I did a
• 7:05
  Speaker 1: supplemental on it. I didn't prepare the report because the
• 7:08
  Speaker 1: incident was a big agency assist. So obviously it says
• 7:12
  Speaker 1: it has all the responding officers to that effect. Question, oh,
• 7:16
  Speaker 1: we need to go to the page. Thank you for
• 7:18
  Speaker 1: pointing that out. Can we please move to page three
• 7:20
  Speaker 1: or five maybe? Let me look and see. Question, all right.
• 7:24
  Speaker 1: Now let me ask the question again. Sorry, we just
• 7:26
  Speaker 1: had the cover sheet up. Is that your report? Answer, yes,
• 7:29
  Speaker 1: this is. Question, all right. And did you prepare that? Answer,
• 7:33
  Speaker 1: I did. Question, and did you prepare this report? Answer,
• 7:37
  Speaker 1: it looks like it was done the next day. Either
• 7:40
  Speaker 1: that day or the next day, because I wanted to
• 7:42
  Speaker 1: make sure that I had done where everything was fresh
• 7:45
  Speaker 1: on my mind. Question, and do you have a copy
• 7:48
  Speaker 1: of that report in front of you? Answer, I do
• 7:50
  Speaker 1: as a matter of fact. Question, may I just step
• 7:52
  Speaker 1: in and make sure that we're on the same one?
• 7:54
  Speaker 1: May I approach your honor? Judge Graff, you may. Question
• 7:59
  Speaker 1: or answer, nope, you're good. Nester, we gotta ask this now.
• 8:05
  Speaker 1: Did you use AI to help you prepare your report? Answer,
• 8:08
  Speaker 1: I did not. Question, okay, good. When you prepared your report,
• 8:11
  Speaker 1: you referenced when you first heard the shot, don't you? Answer, yes. Question, no.
• 8:16
  Speaker 1: And what's the time that you say that you heard
• 8:18
  Speaker 1: the first shot? Answer, 1223. Kathy Nestor, right. And when
• 8:23
  Speaker 1: you wrote the report, you did not state in your
• 8:26
  Speaker 1: report the direction you heard the shot from, did you? Answer,
• 8:30
  Speaker 1: apparently not. Question, and take your time and look at
• 8:34
  Speaker 1: the whole report and see if there's anywhere in there
• 8:37
  Speaker 1: where you ever mentioned that it came from the east
• 8:40
  Speaker 1: or to your right. Answer, I don't see a direction. Question, okay.
• 8:44
  Speaker 1: And you also, I believe in your report, You also
• 8:46
  Speaker 1: state whether or not you don't mention anything about thinking
• 8:50
  Speaker 1: it came from the Losey building or anything like that, right? Answer,
• 8:54
  Speaker 1: later on when I saw the empty holster, I think
• 8:57
  Speaker 1: I actually said that in there where I see the
• 8:59
  Speaker 1: empty holster that I realized the line of sight. Question, okay,
• 9:03
  Speaker 1: so let's talk about that holster for a minute. So
• 9:07
  Speaker 1: you heard the shot and you only heard one shot, correct? Answer, yes. Question,
• 9:11
  Speaker 1: and when you came down from the walkway above the tent, right? Answer, yes. Question,
• 9:16
  Speaker 1: and you came down to really the grassy area that
• 9:19
  Speaker 1: we've all been looking at. The courtyard? Answer, yes. Question,
• 9:23
  Speaker 1: and there was kind of chaos. People running around? Answer, yes. Question, yes.
• 9:28
  Speaker 1: And while you were down there, you saw what you
• 9:30
  Speaker 1: said was an empty holster. Answer, yeah. As I was
• 9:34
  Speaker 1: clearing people out and making sure that the evidence was
• 9:37
  Speaker 1: preserved about towards the top, after a little bit, I
• 9:40
  Speaker 1: saw an empty holster sitting there. Question, and when you
• 9:44
  Speaker 1: say towards the top, Can you be specific about what
• 9:47
  Speaker 1: you tell us? Answer. So on the south side of
• 9:50
  Speaker 1: the courtyard, there's some tiers of seating where the grass
• 9:52
  Speaker 1: is different levels. And I was towards the top. Maybe
• 9:55
  Speaker 1: just right before the cement is where everybody's standing. So
• 9:58
  Speaker 1: there's different levels. it's towards the top of the grass
• 10:02
  Speaker 1: question and when you saw the holster can you describe
• 10:04
  Speaker 1: to me what it looked like answer an empty concealed
• 10:07
  Speaker 1: holster question for what type of weapon answer for a
• 10:11
  Speaker 1: pistol question okay and did it have any markings on
• 10:14
  Speaker 1: it answer it didn't even know not that I noticed
• 10:17
  Speaker 1: question and what happened to the holster Answer, I have
• 10:20
  Speaker 1: no idea. Question, did you ever take custody of it? Answer, nope. Question,
• 10:24
  Speaker 1: did you ever tell anyone else to take custody of it? Answer, nope. Question,
• 10:29
  Speaker 1: you just left it on the grass? I did. Question,
• 10:32
  Speaker 1: was it ever fingerprinted to your knowledge? Answer, I have
• 10:34
  Speaker 1: no idea. Question, okay, at some point there were drones
• 10:37
  Speaker 1: in the air, is that right? Did you become aware
• 10:39
  Speaker 1: of that? Answer, yeah, I was made aware of that. Question, right,
• 10:44
  Speaker 1: do you know who put the drones in the air? Answer,
• 10:47
  Speaker 1: Sergeant Cam Nelson with the Provo Police Department. Question right.
• 10:50
  Speaker 1: So wasn't UVU? Answer, no. Question, do you guys have
• 10:55
  Speaker 1: drone capability? Did you have a drone on campus that
• 10:59
  Speaker 1: you used? Answer, no. Question, all right. So someone would
• 11:02
  Speaker 1: have had to bring one after the shooting onto campus
• 11:05
  Speaker 1: because you wouldn't have had one there. Answer, true. Question,
• 11:09
  Speaker 1: all right. And you mentioned that as you were coming
• 11:12
  Speaker 1: down into the grassy area from the top above the tent,
• 11:15
  Speaker 1: you come down to the Hall of Flags, you come
• 11:17
  Speaker 1: into the grassy area. You mentioned that you heard, I
• 11:20
  Speaker 1: guess on the radio, that they had a suspect in custody? Answer, yes. Question, right.
• 11:26
  Speaker 1: And so how long do you think between the shot
• 11:29
  Speaker 1: being fired did you hear that? Answer, I was in,
• 11:32
  Speaker 1: like I said, trying to get down the stairs, jumping
• 11:35
  Speaker 1: over people, trying not to step on people as people
• 11:37
  Speaker 1: were fighting up. Within 30 seconds, maybe? Question, all right.
• 11:41
  Speaker 1: So they pretty much instantly had someone in custody? Answer, yeah.
• 11:45
  Speaker 1: And that's why I was quite surprised. Question, were you
• 11:47
  Speaker 1: aware of where that person was taken into custody? Answer,
• 11:51
  Speaker 1: right down by where Charlie Kirk was sitting by his tent,
• 11:54
  Speaker 1: somewhere down there. Question, so in the courtyard area? The
• 11:57
  Speaker 1: person would have been in the courtyard area at the
• 11:59
  Speaker 1: time of the shooting? Answer, yes. Question, was the person
• 12:04
  Speaker 1: in or near or around the holster in any way? Answer, no. Question,
• 12:08
  Speaker 1: you don't know? Answer, no, he wasn't. Where the holster
• 12:12
  Speaker 1: was was up on the level up there and it
• 12:14
  Speaker 1: was when the incident happened. When Charlie got shot, within seconds,
• 12:18
  Speaker 1: the other officer that was down by him said that
• 12:21
  Speaker 1: he was in custody with the prisoner of the shooter.
• 12:24
  Speaker 1: So it had been within right there. Question. At that time,
• 12:28
  Speaker 1: is it your understanding that the person they took into
• 12:30
  Speaker 1: custody was close to Mr. Kirk? Is that right? Answer. Yep. Question.
• 12:34
  Speaker 1: But it didn't occur to you that, well, that's not
• 12:37
  Speaker 1: where I heard the shot come from. They must have
• 12:39
  Speaker 1: the wrong person. I should talk to somebody. Answer. During
• 12:42
  Speaker 1: the chaos of the moment, no. They said they had
• 12:45
  Speaker 1: a person in custody. I figured those guys saw something
• 12:48
  Speaker 1: I didn't see. They took that person in custody and
• 12:51
  Speaker 1: I thought it was him. Question, okay. I actually, this
• 12:55
  Speaker 1: would be a good stopping place because I'm about to
• 12:57
  Speaker 1: start another section. So maybe we could go five minutes
• 13:00
  Speaker 1: early for lunch. Judge Graff, absolutely. All right, thank you.
• 13:05
  Speaker 1: All right, folks, we're going to wrap up right here.
• 13:07
  Speaker 1: And in the next episode dealing with the topic, we're
• 13:09
  Speaker 1: going to pick up where we left off. All the
• 13:11
  Speaker 1: information that goes with this episode can be found in
• 13:14
  Speaker 1: the description box.