Latest / Beyond The Horizon / Tyler Robinson Preliminary Hearing Transcripts (Day 2 Part 4) (9/20/26)

Transcript

Tyler Robinson Preliminary Hearing Transcripts (Day 2 Part 4) (9/20/26) · 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
• 0:04
  Speaker 1: off with the Tyler Robinson prelim hearing, day number two. Judge,
• 0:10
  Speaker 1: all right, counsel for defense, are we prepared? And for
• 0:13
  Speaker 1: the state? Yes, judge. Judge Graff, all right, thank you.
• 0:18
  Speaker 1: Having heard from both counsel, I'll go ahead and review
• 0:20
  Speaker 1: it on my screens. It's not being displayed in the
• 0:22
  Speaker 1: monitor in the courtroom, and you may present the 12.1,
• 0:25
  Speaker 1: the portion you wish for me to view. And just
• 0:28
  Speaker 1: for the benefit of the record, Do you want to
• 0:30
  Speaker 1: put on the record the timestamp of what you're playing?
• 0:32
  Speaker 1: At what point you're starting and stopping? As we go
• 0:35
  Speaker 1: or when we finish is fine. I just want the
• 0:37
  Speaker 1: record to be complete. Answer by prosecution. There is a
• 0:42
  Speaker 1: difficulty in doing that. It's because we've zoomed in. It's
• 0:45
  Speaker 1: removed the timestamp on it. Judge Graf, well, you can
• 0:48
  Speaker 1: just give me. Prosecution, the count. Judge Graf, the count
• 0:52
  Speaker 1: on the bottom. That's the timer at the bottom of
• 0:54
  Speaker 1: the total length of the video. So that's fine. I'm
• 0:57
  Speaker 1: just going to create a record of exactly what I'm
• 0:59
  Speaker 1: looking at. Question, Agent Hall. Can you see it? Agent, yes. Question, okay. Well,
• 1:06
  Speaker 1: let's just... I'm good with playing it, Judge. It's fine.
• 1:09
  Speaker 1: We'll play it. Go ahead, Kimberly. It starts playing. Judge Graff,
• 1:13
  Speaker 1: all right. And it's been paused. And it looks like
• 1:15
  Speaker 1: at 6 minutes and 23 seconds. Prosecution, I'm sorry, Judge.
• 1:20
  Speaker 1: At 8.23, we stopped the video. Judge, oh, oh, 8.23, okay. Prosecution, 823.
• 1:27
  Speaker 1: So that's the count on the video itself. Judge, thank you.
• 1:30
  Speaker 1: All right. Prosecution, Agent Hull. Were you able to watch
• 1:35
  Speaker 1: that zoomed in version? Is that right? Answer, yes, sir. Question, okay.
• 1:40
  Speaker 1: And was there anything that stood out watching that zoomed version? Answer,
• 1:44
  Speaker 1: for me, on the zoomed version, it's apparent that Mr. Robinson,
• 1:47
  Speaker 1: the individual jumping off the roof, is carrying an item. Question, okay.
• 1:52
  Speaker 1: And can you see clear the clothing that he's wearing?
• 1:55
  Speaker 1: To this, Kathy Nestor objects. Object to leading. Prosecution, strike that. Judge, prosecution,
• 2:04
  Speaker 1: do you want to respond to the objection? It's easier
• 2:08
  Speaker 1: to see. We'll strike that, judge. I'll let the video
• 2:11
  Speaker 1: speak for itself. Judge, I have nothing further with the agent.
• 2:15
  Speaker 1: Kathy Nestor, just one moment, your honor. If I may
• 2:18
  Speaker 1: have the court's indulgence, thank you, your honor. Do we
• 2:22
  Speaker 1: want to take? So they take a break. Now they
• 2:24
  Speaker 1: come back. And they're back in session. Kathy Nestor doing
• 2:29
  Speaker 1: the questioning. You and I have met before, but just
• 2:32
  Speaker 1: to remind you, my name's Kathy Nestor. I'm one of
• 2:34
  Speaker 1: the attorneys representing Mr. Robinson. So when did you leave
• 2:38
  Speaker 1: the SBI? Answer, the State Bureau of Investigation. Question, yeah. Answer,
• 2:44
  Speaker 1: March of this year. Answer, yes. Question, and your new
• 2:48
  Speaker 1: position at Post, what's your new position? Answer, I'm an
• 2:51
  Speaker 1: investigative sergeant. Question, so you investigate potential wrongdoing... Of police officers? Answer, correct. Question, okay.
• 2:59
  Speaker 1: So when you were first brought into this case in September,
• 3:02
  Speaker 1: it's my understanding from your testimony that you were not
• 3:05
  Speaker 1: engaged in any way with this event prior to getting
• 3:08
  Speaker 1: a call from the shooting. Is that correct? Answer, correct. Question,
• 3:13
  Speaker 1: so does SBI on occasion assist other agencies with preparing
• 3:17
  Speaker 1: for big events like this or not? Is that typically
• 3:19
  Speaker 1: something you do? Answer, not something I've been involved with, no. Question, okay,
• 3:24
  Speaker 1: and what time did you arrive on campus that day? Answer,
• 3:28
  Speaker 1: I believe it was shortly after 1.30. Question, so approximately
• 3:31
  Speaker 1: an hour after Mr. Kirk had already been removed. Answer, approximately, yes. Question, okay,
• 3:39
  Speaker 1: and were you involved in putting up any drones into
• 3:41
  Speaker 1: the air? Were you part of that or were you
• 3:43
  Speaker 1: not involved in that? Answer, I was not, no. Question,
• 3:47
  Speaker 1: so how quickly after you arrived on scene did you
• 3:50
  Speaker 1: become aware that you were actually going to be in
• 3:52
  Speaker 1: charge of the scene? Answer, I believe it was approximately
• 3:56
  Speaker 1: an hour after. So what, would have been approximately 2.30? Question,
• 4:01
  Speaker 1: so for the first two hours, you were not in charge? Answer,
• 4:04
  Speaker 1: for the first two hours, I wasn't. I didn't arrive
• 4:06
  Speaker 1: until 1.30, so no. Question, okay. And once you came
• 4:10
  Speaker 1: from on high, that you were basically going to be
• 4:13
  Speaker 1: in charge of the scene, what was your first priority?
• 4:16
  Speaker 1: What were you focused on? Answer, we were focused on,
• 4:20
  Speaker 1: through our major crimes team and our lieutenant, putting together
• 4:23
  Speaker 1: an investigative team and developing initial assignments and a plan
• 4:28
  Speaker 1: as to what we're going to do moving forward. Question,
• 4:32
  Speaker 1: and part of that is protecting any potential forensic evidence
• 4:35
  Speaker 1: that may be found on the scene. That's clearly important, right? Answer, correct. Question,
• 4:40
  Speaker 1: preserving the scene, right? Answer, correct. Question, but it sounds
• 4:44
  Speaker 1: like that's not really your area. That was maybe more...
• 4:48
  Speaker 1: Agent Falmina's area? Answer. Agent Falmina was assigned to process
• 4:53
  Speaker 1: and document the crime scenes. It was my understanding that
• 4:56
  Speaker 1: the known scenes at the time amid the chaos had
• 4:59
  Speaker 1: been contained and had been secured on the campus and
• 5:02
  Speaker 1: by the campus officers who were already on scene. Question.
• 5:06
  Speaker 1: And what's your understanding of what the known scenes were?
• 5:09
  Speaker 1: In other words, the area where there might potentially be
• 5:12
  Speaker 1: evidence that you needed to process? Answer. I know that
• 5:18
  Speaker 1: at the amphitheater area was cordoned off and managed as
• 5:21
  Speaker 1: best I could with the number of people that were there.
• 5:23
  Speaker 1: I also made aware that there was a rooftop area
• 5:26
  Speaker 1: that had been secured and also an area off to
• 5:29
  Speaker 1: the side of the building that had been secured by
• 5:31
  Speaker 1: an officer. Question, and that building was the Losey building? Answer, correct. Question,
• 5:37
  Speaker 1: wasn't there also a bullet found on another building? Answer,
• 5:41
  Speaker 1: I believe an unfired bullet had been found on another
• 5:44
  Speaker 1: building at some point during my time there on September
• 5:46
  Speaker 1: 10th Yes. Question. And which building was that, sir? Answer.
• 5:51
  Speaker 1: I don't recall. Question. Was that considered a scene? Thought
• 5:54
  Speaker 1: it was worth preserving? Answer. It was not. My recollection
• 5:58
  Speaker 1: is that was accounted for as an ejected cartridge from
• 6:01
  Speaker 1: an officer who had cycled his rifle. Answer. Okay. I
• 6:05
  Speaker 1: thought you said it was an unfired bullet. Now you're
• 6:07
  Speaker 1: saying it was a cartridge? Answer. That's correct. When a
• 6:10
  Speaker 1: weapon is cleared, an officer would make his rifle ready,
• 6:13
  Speaker 1: which would chamber around. Question. Okay. I got you. Answer,
• 6:16
  Speaker 1: my understanding was that's how that was accounted for. Question,
• 6:21
  Speaker 1: so an officer claimed the bullet belonged to him or her? Answer,
• 6:24
  Speaker 1: that's my recollection, is that that's how it was accounted for. Question,
• 6:29
  Speaker 1: and when was it accounted for? Answer, I don't know specifically. Question,
• 6:33
  Speaker 1: do you remember what type of bullet that was? Answer,
• 6:37
  Speaker 1: I don't. Question, was it a. 30- 06, do you remember? Answer,
• 6:40
  Speaker 1: I don't. Question, okay, do you know where that bullet
• 6:42
  Speaker 1: is now? Answer, I don't. Question, okay, so you had
• 6:46
  Speaker 1: the amphitheater area that had to be preserved, and how
• 6:48
  Speaker 1: far out did that stretch? The entire amphitheater? Or just
• 6:52
  Speaker 1: the area around the tent, or what? Question, my understanding
• 6:55
  Speaker 1: was the entire amphitheater was cordoned off, and there were
• 6:58
  Speaker 1: attempts to secure the campus itself with a perimeter of
• 7:01
  Speaker 1: officers who were monitoring or preventing people coming and going. Question,
• 7:06
  Speaker 1: when you arrived on the scene, were you aware that
• 7:08
  Speaker 1: an individual had been taken into custody? Answer, I had
• 7:12
  Speaker 1: heard that, yes. Question, did you ever have any interaction
• 7:15
  Speaker 1: with that individual? Answer, I did not. Question, and were
• 7:18
  Speaker 1: you advised at any point that the person was no
• 7:21
  Speaker 1: longer a person of interest? Answer, information was passed down
• 7:26
  Speaker 1: that the individual was not considered to be a suspect
• 7:28
  Speaker 1: in the shooting. Question, and when was that time-wise? Answer,
• 7:33
  Speaker 1: I don't recall specifically, but I know on campus when
• 7:36
  Speaker 1: I had heard that. Question, so whoever arrested him as
• 7:39
  Speaker 1: a potential suspect got that wrong. He wasn't an actual suspect, right? Answer. Sorry,
• 7:46
  Speaker 1: got what wrong? Kathy Nestor, that he was the shooter. Answer.
• 7:50
  Speaker 1: The person I believe to be the shooter was not
• 7:53
  Speaker 1: the individual who was taken into custody. Correct. Question. And then,
• 7:57
  Speaker 1: was there anybody else taken into custody as a live
• 8:00
  Speaker 1: person of interest? Answer. There were several people who were
• 8:02
  Speaker 1: detained for questioning and who were interviewed throughout the investigation. Question.
• 8:07
  Speaker 1: And none of those other people were ultimately, they were
• 8:10
  Speaker 1: all ultimately cleared by you or somebody connected with you. Answer. Correct. Question.
• 8:16
  Speaker 1: And were there any other guns confiscated on the scene
• 8:18
  Speaker 1: that day? Answer, there were other firearms that were located
• 8:22
  Speaker 1: on the scene, yes. Question, and how many guns were
• 8:25
  Speaker 1: confiscated that day? Answer, I don't know specifically confiscated, but
• 8:29
  Speaker 1: I know that there was a firearm found in a
• 8:31
  Speaker 1: backpack that was accounted for during that day. Question, what
• 8:34
  Speaker 1: type of firearm was it? Answer, a handgun. Question, any
• 8:38
  Speaker 1: other guns found at the scene? Answer, not that I recall. Question,
• 8:42
  Speaker 1: do you recall an individual named Noah Gonzalez being involved? Answer,
• 8:46
  Speaker 1: I don't recall that name specifically. Question, let me see
• 8:50
  Speaker 1: if it refreshes your memory that he was an off-duty,
• 8:52
  Speaker 1: I think maybe, trooper that was on the scene that
• 8:55
  Speaker 1: day and that was involved in recovering the holster. Does
• 8:58
  Speaker 1: that refresh your memory? Answer, I know that a trooper
• 9:01
  Speaker 1: was interviewed, having been on scene. I don't know if
• 9:03
  Speaker 1: it was Gonzalez. I don't recall the name, but I
• 9:06
  Speaker 1: do know that there was a trooper that was interviewed, yes. Question, okay,
• 9:09
  Speaker 1: and just a moment, Your Honor, and do you recall
• 9:12
  Speaker 1: a trooper that was interviewed saying, that there was actually
• 9:15
  Speaker 1: a gun found in the holster? Answer, I do not. Question,
• 9:20
  Speaker 1: you do not. Answer, no. Question, okay. Can we pull
• 9:23
  Speaker 1: up Exhibit Poll 13 and just show it only to
• 9:26
  Speaker 1: the witness for right now? All right. Can we go
• 9:28
  Speaker 1: to page two of that report? Do you recognize this report?
• 9:31
  Speaker 1: Have you reviewed it as part of your investigation duties? Answer,
• 9:36
  Speaker 1: I do recognize the report now, yes. Question, okay. And
• 9:39
  Speaker 1: this is a report prepared. by actually Mr. Davis, who's
• 9:42
  Speaker 1: going to testify later in this matter, is that right? Answer, correct. Question, okay,
• 9:47
  Speaker 1: and on page two, this is the interview of Noah Gonzalez,
• 9:50
  Speaker 1: is that right? Answer, that's what it stated on page one, yes. Question,
• 9:54
  Speaker 1: and he's an off-duty trooper who happened to be there
• 9:56
  Speaker 1: that day. Answer, correct. Question, and do you see on
• 10:00
  Speaker 1: the second paragraph does that refresh your memory about whether
• 10:03
  Speaker 1: trooper gonzalez believed there was a gun found in a
• 10:06
  Speaker 1: holster in the area of the amphitheater answer trooper gonzalez
• 10:10
  Speaker 1: included in his report that there was a gun yes
• 10:13
  Speaker 1: question okay thank you okay when did you first personally
• 10:16
  Speaker 1: go up to the roof of the losi building do
• 10:18
  Speaker 1: you remember the time Answer, I don't recall. I know
• 10:21
  Speaker 1: it was dark when I went up on the roof,
• 10:23
  Speaker 1: so it would have been later in the evening. Question,
• 10:26
  Speaker 1: and at the time you went up there, there was
• 10:28
  Speaker 1: already crime scene tape that had been placed around it? Answer,
• 10:31
  Speaker 1: there was. There was an officer standing security. Question, alright.
• 10:36
  Speaker 1: And to your knowledge, as the head of the investigation,
• 10:39
  Speaker 1: did they ever find any bullets or casings anywhere on
• 10:41
  Speaker 1: the Losey roof? Answer, not to my knowledge. Question, did
• 10:45
  Speaker 1: they ever find any bullets or casings anywhere around the
• 10:48
  Speaker 1: Losey building? Answer, when you say around the Losey Building.
• 10:52
  Speaker 1: You mean how close? Immediately around the Losey Building? Answer
• 10:55
  Speaker 1: or question? Correct. Answer, not to my knowledge. All right, folks,
• 11:00
  Speaker 1: we're going to wrap up right here. And in the
• 11:01
  Speaker 1: next episode, dealing with the topic we're going to pick
• 11:03
  Speaker 1: up where we left off. All the information that goes
• 11:06
  Speaker 1: with this episode can be found in the description box.