Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 12) (9/9/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 1 Part 12) (9/9/26) · 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 hearings.
• 0:12
  Speaker 1: Kathy Nestor, and did you come back the next morning
• 0:16
  Speaker 1: and work some more? Answer, I came back the next morning, yes. Question,
• 0:20
  Speaker 1: and you worked all day the next day? Answer, on
• 0:23
  Speaker 1: and off. Question, when you left at 9 p.m., did
• 0:26
  Speaker 1: you or anyone else know who the shooter was on
• 0:28
  Speaker 1: that day? Answer, not that I know of. Question, and
• 0:32
  Speaker 1: when you came back the next morning and worked that
• 0:34
  Speaker 1: afternoon all that day, did you or anybody on the
• 0:37
  Speaker 1: campus know who the shooter was? Answer, not that I
• 0:40
  Speaker 1: know of. Question, okay, so nothing that you found that
• 0:43
  Speaker 1: day or anyone else to your knowledge on campus was
• 0:46
  Speaker 1: able to identify who the shooter was? Answer, on that day, no. Question, right. Answer, well,
• 0:53
  Speaker 1: during the time I was there, no, that I knew of. Question. Okay.
• 0:57
  Speaker 1: I also want to talk to you about the giant
• 0:58
  Speaker 1: picture that was showed to you. Answer. Exhibit 35, I think. Question. Yeah.
• 1:04
  Speaker 1: Exhibit 35. Do you know who took that picture? Where
• 1:06
  Speaker 1: it came from? Answer. I do not. Question. Do you
• 1:09
  Speaker 1: know how old it is? Answer. I have no idea. Question. Okay.
• 1:13
  Speaker 1: And the picture you were shown, exhibit one, two, and three,
• 1:17
  Speaker 1: that you got up and kind of talked about and
• 1:20
  Speaker 1: showed all the buildings and everything. Do you have any
• 1:22
  Speaker 1: knowledge about where those pictures came from and who took them? Answer,
• 1:26
  Speaker 1: I guess they were drone footage just taken from a drone. Question,
• 1:30
  Speaker 1: do you know who was operating the drone? Answer, Sergeant
• 1:33
  Speaker 1: Ken Nielsen from Provo Police Department. Question, Provo Police Department.
• 1:39
  Speaker 1: Had you seen those pictures before today? Answer, before today, yes. Question,
• 1:43
  Speaker 1: when did you see them? Answer, a couple of weeks ago. Question,
• 1:46
  Speaker 1: and that was in preparation for testifying? Answer, yes. Question,
• 1:50
  Speaker 1: prior to that, had you ever seen those pictures? Answer, no. Question,
• 1:55
  Speaker 1: can I have the court's indulgence just for a moment,
• 1:57
  Speaker 1: Your Honor? Judge Graff, you may, Ms. Nestor. Question, just
• 2:01
  Speaker 1: for a moment, one last thing I want to clarify.
• 2:04
  Speaker 1: We heard you testify that Ms. Richards, or I don't
• 2:06
  Speaker 1: know if she's Deputy Richards. Answer, she's a state employee
• 2:10
  Speaker 1: for the forensic lab. Nestor, so Ms. Richards? Answer, Melissa. Question,
• 2:16
  Speaker 1: she's the one who took those nighttime pictures of the
• 2:18
  Speaker 1: stuff on the roof? Answer, yes. Question, and you testified
• 2:22
  Speaker 1: that she told you? That was what they looked like
• 2:24
  Speaker 1: that day? Answer, yes. Question, when did you meet with her? Answer,
• 2:28
  Speaker 1: I talked to her on the phone. It was several
• 2:30
  Speaker 1: weeks ago in preparation for the trial. Question, so prior
• 2:34
  Speaker 1: to a couple weeks ago, you never discussed those pictures
• 2:37
  Speaker 1: with her? Answer, yeah, because I'd never seen them. Question, oh,
• 2:41
  Speaker 1: so a couple weeks ago is the first time you
• 2:42
  Speaker 1: saw them? Answer, yeah. Question, all right. And did you
• 2:46
  Speaker 1: write any kind of supplement to your report to add
• 2:49
  Speaker 1: on to your report other than what we've gone through today?
• 2:52
  Speaker 1: That one report you wrote? Have you ever written another one? Answer,
• 2:56
  Speaker 1: I have not. Question, okay, that's all I have. Thank you,
• 2:59
  Speaker 1: Your Honor. I tender the witness. Judge Graff, thank you, Ms. Nestor. Mr. Grunender, redirect.
• 3:06
  Speaker 1: Grunender gets up. Now that's the prosecution. Just one question,
• 3:10
  Speaker 1: I believe, Judge. Judge Graff, all right. Question, Officer Bagley,
• 3:15
  Speaker 1: if we could pull up State Exhibit 1. Graff, all right,
• 3:18
  Speaker 1: let's do that. Grunender, you've talked about this handgun holster
• 3:22
  Speaker 1: that you observed. Answer, yes. Question, on the grass in
• 3:26
  Speaker 1: the courtyard? Answer, yes. Question, I'm going to ask you
• 3:30
  Speaker 1: if you would approach the monitor when it comes up
• 3:32
  Speaker 1: and point out as best you can where you observed
• 3:35
  Speaker 1: that holster, okay? Here we are. So again, the question is,
• 3:39
  Speaker 1: where was that holstered line when you observed it? Answer,
• 3:43
  Speaker 1: so again, this is the picture of the courtyard facing north.
• 3:46
  Speaker 1: On the south end down here, you got different tiers
• 3:49
  Speaker 1: of grass. On this top tier back here in the area,
• 3:52
  Speaker 1: which is more of the center bottom left of the photo.
• 3:55
  Speaker 1: So it's going to be the waterfalls on the left side.
• 3:57
  Speaker 1: So more towards the top of it. On the south
• 4:00
  Speaker 1: side by the Fugle building, the top tier of grass
• 4:02
  Speaker 1: is about where it was at. Grunender, is there a
• 4:06
  Speaker 1: middle area of that? Answer, yes. Question, neck by the
• 4:10
  Speaker 1: Fugle building? Okay. Answer, and that's where I could see
• 4:14
  Speaker 1: straight up where the line of sight was. question. Okay.
• 4:18
  Speaker 1: Thank you. Nothing further, Judge. Judge Graff. All right. May
• 4:22
  Speaker 1: this witness be excused? Kathy Nestor. Yes, Your Honor. Mr. Novak. Yes,
• 4:26
  Speaker 1: Your Honor. Judge Graff. Thank you. Thank you, Officer. And
• 4:30
  Speaker 1: just for the benefit of those in attendance, you may
• 4:33
  Speaker 1: have noticed that I drank some water. Please, if you
• 4:35
  Speaker 1: have water and what's been previously approved, don't hesitate. You
• 4:38
  Speaker 1: can drink. Just don't spill it. And let's go to
• 4:41
  Speaker 1: the state. Are you ready to proceed with your next witness?
• 4:44
  Speaker 1: Ryan McBride. Thank you, Judge. The state calls. David Hull.
• 4:49
  Speaker 1: Judge Graff, alright, would you like to come forward and
• 4:51
  Speaker 1: be sworn in? You do solemnly swear that the testimony
• 4:54
  Speaker 1: you shall give in the case now pending before the
• 4:57
  Speaker 1: court will be the truth, the whole truth, and nothing
• 5:00
  Speaker 1: but the truth. So help you God? David Hull, I do.
• 5:04
  Speaker 1: Judge Graff, alright, if you'd like to be seated right
• 5:06
  Speaker 1: here in the witness seat, and once you're situated, there's
• 5:09
  Speaker 1: a bottle of water to your left. And if you
• 5:11
  Speaker 1: wouldn't mind, after you're seated, bringing that microphone closer to
• 5:14
  Speaker 1: you so it picks up your voice. All right, counsel. Mr. McBride.
• 5:20
  Speaker 1: Thank you, judge. Whenever you're ready. Ryan McBride. Good afternoon. Answer. Afternoon.
• 5:26
  Speaker 1: And that's by Mr. Hull. McBride, would you please state
• 5:29
  Speaker 1: your full name and spell your last? Answer. David Hull. H-U-L-L. Question.
• 5:36
  Speaker 1: Are you employed? Answer. I am, yes. Question. Who are
• 5:40
  Speaker 1: you employed by? Answer. I'm employed by the Department of
• 5:43
  Speaker 1: Public Safety. Question. And how long have you worked for
• 5:46
  Speaker 1: the Department of Public Safety? Answer, I'm in my 12th year. Question,
• 5:50
  Speaker 1: are you a peace officer? Answer, I am, yes. Question,
• 5:53
  Speaker 1: are you post-certified? Answer, I am, yes. Question, when did
• 5:57
  Speaker 1: you receive your certification? Answer, 2015. Question, and since that time,
• 6:02
  Speaker 1: has your certification remained intact? In other words, has it
• 6:06
  Speaker 1: lapsed or been taken away or anything like that? Answer, no,
• 6:09
  Speaker 1: it's been continuous. Question, I think you said you're in
• 6:12
  Speaker 1: your 12th year. You already said that, your 12th year
• 6:15
  Speaker 1: with DPS. Have you ever worked for any other law
• 6:18
  Speaker 1: enforcement agency besides the DPS? Answer, no, just the state
• 6:22
  Speaker 1: of Utah. Question, what's your current assignment with the Department
• 6:25
  Speaker 1: of Public Safety? Answer, I'm currently positioned as an investigative
• 6:29
  Speaker 1: sergeant at Peace Officer Standards and Training. Question, was that
• 6:34
  Speaker 1: your assignment in September of 2025? Answer, no, it was not. Question,
• 6:39
  Speaker 1: what was your assignment then? Answer, I was under the
• 6:42
  Speaker 1: State Bureau of Investigations, Major Crime Division, as an investigator. Question, okay,
• 6:49
  Speaker 1: is SBI an acronym that's commonly used to describe the
• 6:52
  Speaker 1: State Bureau of Investigation? Answer, it is, yes. Question, I
• 6:56
  Speaker 1: can refer to it as SBI and we're all on
• 6:58
  Speaker 1: the same page, right? Answer, yep. Question, okay, how long
• 7:03
  Speaker 1: have you been with SBI? Answer, a little over seven years. Question,
• 7:07
  Speaker 1: and what exactly did you do? What was your assignment
• 7:10
  Speaker 1: with SBI? Okay. Answer, I spent just under a year
• 7:14
  Speaker 1: in the Alcohol Bureau and Undercover Unit, and then the
• 7:17
  Speaker 1: remainder of that time was with major crimes. Question, major crimes?
• 7:21
  Speaker 1: What did that entail? Answer, predominantly investigating crimes that are
• 7:24
  Speaker 1: considered to be major in nature. Predominantly violent crime, including homicide,
• 7:29
  Speaker 1: sexual assault, and some cases, fraud. Kind of covered a
• 7:33
  Speaker 1: whole gambit of things, but predominantly violent crime. Question, and
• 7:37
  Speaker 1: throughout your career with DPS... Have you done any training
• 7:41
  Speaker 1: related to murder investigations specifically? Answer, yes, I have. Question,
• 7:46
  Speaker 1: and could you just briefly describe what that specific training entailed? Answer,
• 7:51
  Speaker 1: I've done internal and external courses around lead homicide investigation,
• 7:55
  Speaker 1: officer-involved critical incidents, child death, and unexplained deaths in children,
• 7:59
  Speaker 1: aquatic homicide, and then just continuing investigations related to homicide itself. Question,
• 8:06
  Speaker 1: and throughout your career with DPS... Have you either played
• 8:09
  Speaker 1: a role in or led a homicide investigation? Answer, yes,
• 8:14
  Speaker 1: I have. Question, how many do you think? Answer, either
• 8:18
  Speaker 1: directly or indirectly, I've probably been involved in approximately 40
• 8:22
  Speaker 1: or so. Question, and is that throughout the state of Utah? Answer, yeah,
• 8:27
  Speaker 1: we assist throughout the state of Utah. Question, were you
• 8:30
  Speaker 1: working on September 10th, 2025? Answer, I was, yes. Question,
• 8:34
  Speaker 1: and did you work shifts? Did you work a certain
• 8:37
  Speaker 1: shift that day? Or how does it work at the SBI? Answer,
• 8:41
  Speaker 1: I kind of work 24-7, 365, but predominantly Monday through Thursday,
• 8:46
  Speaker 1: office hours. Question, okay. On that date, you were asked
• 8:50
  Speaker 1: to respond to the campus of Utah Valley University. Answer,
• 8:53
  Speaker 1: I was, yeah. I was in the office in Taylorsville,
• 8:56
  Speaker 1: and I was asked to respond down to the Utah
• 8:58
  Speaker 1: Valley University. Question, okay. And what did you understand was
• 9:02
  Speaker 1: going on at UVU that day? Answer, I didn't know much.
• 9:06
  Speaker 1: I'd been told that there was some kind of an
• 9:08
  Speaker 1: event and an individual had been shot. Question, did you
• 9:11
  Speaker 1: have a name? Answer, someone had told me that Charlie
• 9:14
  Speaker 1: Kirk had been shot. Question, at that point in time,
• 9:16
  Speaker 1: were you familiar with Charlie Kirk? Answer, I was not, no. Question, okay,
• 9:21
  Speaker 1: so when you found out that there was an event,
• 9:23
  Speaker 1: that it was Charlie Kirk that had been shot, that
• 9:26
  Speaker 1: was while you were still up in Taylorsville at your office? Answer, yeah.
• 9:30
  Speaker 1: We hadn't been asked to respond at that point. Another
• 9:32
  Speaker 1: agent in the office showed me a video of the
• 9:34
  Speaker 1: shooting and I went back to work Because we hadn't
• 9:37
  Speaker 1: been asked to respond at that point. Question, at some
• 9:40
  Speaker 1: point though, were you asked to respond or directed to
• 9:43
  Speaker 1: respond to Utah Valley? Answer, yeah, yeah, we were. Question, okay. Answer,
• 9:47
  Speaker 1: we were asked to make our way down to the
• 9:49
  Speaker 1: university to provide any kind of assistance that was needed. Question, okay.
• 9:54
  Speaker 1: And do you recall who directed you to come down
• 9:56
  Speaker 1: to Utah Valley? Answer, I believe it was Lieutenant Jennings. Question,
• 10:01
  Speaker 1: and responding to a scene like this on a report
• 10:04
  Speaker 1: like that, is that something that's done frequently within the SBI? Answer, yeah.
• 10:08
  Speaker 1: SBI functions as a supplementary investigative division for really anybody
• 10:13
  Speaker 1: in the state who needs it, whether it's a smaller
• 10:15
  Speaker 1: local agency that just needs additional resources or We often
• 10:19
  Speaker 1: respond with a crime lab to help process crime scenes,
• 10:22
  Speaker 1: but it would be normal for us to be called
• 10:25
  Speaker 1: out to assist another agency. Question, okay. So we understand correctly,
• 10:30
  Speaker 1: when you were first directed to come down to Utah Valley,
• 10:32
  Speaker 1: you were just coming down to give whatever help you
• 10:35
  Speaker 1: could provide? Answer, correct. Question, okay. That eventually changed. Answer, yeah. Question, okay, what?
• 10:43
  Speaker 1: Gets cut off by Hull. My assumption was we were
• 10:46
  Speaker 1: responding to assist, process a crime scene essentially. Question, prior
• 10:50
  Speaker 1: to September 11th, 2025, how familiar were you with Utah
• 10:54
  Speaker 1: Valley University campus? Answer, not very. I think I maybe
• 10:58
  Speaker 1: had been there once before. Question, how about from September
• 11:02
  Speaker 1: 10th onward? Did you become more familiar with the campus? Answer,
• 11:07
  Speaker 1: I became a lot more familiar with that campus, yes. Question,
• 11:11
  Speaker 1: and in what way or how? Question, or answer, excuse me.
• 11:15
  Speaker 1: both in walking the campus and looking at the incident scene,
• 11:18
  Speaker 1: in viewing surveillance video of the campus and the surrounding areas,
• 11:21
  Speaker 1: and just my general involvement in the investigation. I became
• 11:25
  Speaker 1: a lot more familiar with the buildings, the amphitheater, and
• 11:28
  Speaker 1: the surrounding area, and the campus itself. Question, alright, and
• 11:32
  Speaker 1: we'll come back to that here in a moment. Who
• 11:35
  Speaker 1: else responded to UVU from the SBI? Answer, originally I
• 11:39
  Speaker 1: thought it was just myself and a couple of others.
• 11:42
  Speaker 1: I remember Sergeant Falmina Sergeant Bricker, Sergeant Elschultz, Sergeant Clark,
• 11:47
  Speaker 1: Agent Brian Davis, and a number of other agents were arriving,
• 11:50
  Speaker 1: were on scene when I arrived there. Question, okay, do
• 11:54
  Speaker 1: you recall if other law enforcement agencies responded that same day? Answer, yeah.
• 11:59
  Speaker 1: There was a large law enforcement presence. Federal entities, I
• 12:02
  Speaker 1: believe the FBI, the DEA, ATF, I think some U.S. Marshals.
• 12:07
  Speaker 1: There was obviously our state presence. And then there was
• 12:09
  Speaker 1: county and city and local agencies on scene as well. Question,
• 12:15
  Speaker 1: so had all these folks responded by the time you
• 12:17
  Speaker 1: got there, or had they responded prior to? Answer, some
• 12:20
  Speaker 1: could have been on scene prior to. Some were arriving
• 12:23
  Speaker 1: while I was arriving. Others arrived later. I know that
• 12:26
  Speaker 1: there were several forensic units from various entities, including the
• 12:30
  Speaker 1: State Crime Lab and other agencies. Question, okay, and did
• 12:34
  Speaker 1: you interact with all these different agencies? You personally? Answer,
• 12:38
  Speaker 1: throughout the course of the following day, probably the majority
• 12:42
  Speaker 1: of them, yes. All right, folks, we're going to wrap
• 12:44
  Speaker 1: up right here. And in the next episode, we're going
• 12:46
  Speaker 1: to pick up with Ryan McBride asking the questions. And
• 12:50
  Speaker 1: the question is, all right, I think you related that
• 12:53
  Speaker 1: originally the SBI was directed to come down just to
• 12:56
  Speaker 1: see if you could help. Is that fair to say?
• 13:00
  Speaker 1: All the information that goes with this episode can be
• 13:03
  Speaker 1: found in the description box.