exhibit 13

EXHIBIT 13
1 the other person?
2 A Yes, both of them.
3 Q What do you mean? What physically did they do when they
4 rushed you?
5 A Like I said, it happened so fast that I — when saw them
6 coming, I know that they had some bad intentions, so I
7__ draw my gun out.
8 Q Where was your gun?
9 A 1 had it on my holster.
10 Q You're indicating like under your—
11 A Right in the side—right in the side.
12 Q —left arm? Well, you said these two men rushed you.
13 Did they have anything in their hands at that time that
14 you could see?
15 A Well, it happened so fast that I couldn't — I couldn't —
16 and like they said, they jumped me, so I didn't have no
17 time to really know what they have, you know, but all I
18 knew that we was fighting — me and the other fellow was
20 Q Which man were you fighting with the gun?
21 A The other fellow.
22 Q Not the one that's here in court?
23 A Not the one.
24 Q The man that you've identified in court today, what was
25 he doing when you were fighting over your gun with the (page 6)

(page 13)
1 correct?
2 A Yes.
3 Q All right. And how many steps toward you did they take?
4 MR. MAGOWAN: Objection—relevancy—for purpose
5 of this hearing.
6 THE COURT: Sustained. That means you don't have
7 to answer that.
8 Q Could you describe what they did when you say they rushed
9 you.
10 A They jumped me.
11 Q Well, what do you mean by that?
12 A They jumped me. They jumped me. They started— Like I
13 say, I was fighting. When I pull my gun, the guy, he
14 jumped,and he--we were fighting over my gun.
15 Q You "pulled your gun before either one of these guys had
16 got to you; correct?
17 A No, just— They jumped me so fast that I pulled my gun,
18 yeah

19 Q And you had the gun out before either one of them touched
20 you; right?
21 A No, nof no, no, no. The little guy, he already had
22 me—he already jumped me,
23 Q Were you grabbing for your gun before either one of them
24 touched you?
25 h I didn't have a chance.
(page 13)
1 MR. MAGOWAN: Ask the record reflect the
2 identification of the defendant by this witness.
3 THE COURT: Does so reflect.
4 BY MR. MAGOWAN:
5 Q Mr. Claudio, when you saw the man you've just identified
6 at approximately eight o'clock, was that the first time
7 on that day that you had seen him?
8 MS. KIES: Your Honor, I'm going —
9 Q Or had you seen him before?
10 MS. KIES: He's leading the witness at this point
11 in time.
12 THE COURT: Overruled. I'll allow it.
13 You can answer.
14 A No, he was there several times — two or three times.
15 Q And at approximately eight o'clock, when you saw him, was
16 he by himself, or was he with anybody else?
17 A No, he was with somebody else.
18 Q What happened when you saw him at eight o'clock? Tell us
19 what happened.
20 A Well, they come in, and they asked me if I had Tanqueray
21 Gin, and I said, Yes, I do, and they said, Where is that?
22 So I pointed out, and I — they said that they want a
23 bottle, so I walk backwards to get the gin, and that's
24 when they rush me.
25 Q When you say "they," who rushed you?
51 A I mean, him and his partner -- the other guy that was
2 with-him.
3 Q And when they rushed you, what happened then?
4 A Well, I draw my gun. He jumps me, and we wrestled him to
5 the ground. I got my hands on my gun. I don't want to
6 let the gun go. Meantime, he's hitting me on the side of
7 the head with bottles — liquor bottles — so that's what
8 happened.
9 Q Did they say what they wanted?
10 A Money. Yes.
11 Q Who said they wanted money?
12 A Both of them. Both of them. But the other dude was more
13 like every time he hit me, Where is the money, where is
14 the money, where is the money, and keep busting bottles
15 on the side of my head, you know, and I couldn't do
16 anything about it because, you know, once they get my
17 gun, I was in fear for my life, and they finally got the
18 gun — they finally got my gun because I was weakening
19 out and —
20 Q The man you've identified in court today, did he ask for
21 money, too?
22 A Well, no. He was wrestling with me. The other dude —
23 They both were. It happened so quick, and I was so busy
24 fighting with them.
25 Q Okay. How many times were you struck by the bottles?
(page 6)

1 A Yes, I did.
2 Q At that point in time was your back turned to the
3 gentlemen as you were pointing to the Tanqueray?
4 A Yes.
5 Q Okay. And it was at that point in time as your back was
6 turned that you pulled a gun on the gentlemen; is that
7 true?
8 A No.
9 Q You had a gun in your possession? —
10 A Yes, I did.
11 Q — when this incident occurred. Can you describe the gun
12 for me.
13 MR. MAGOWAN: Objection — relevance.
14 THE COURT: Sustained.
15 Means you don't have to answer.
16 Q As you were standing there pointing out the Tanqueray, it
17 was at that point in time that you said the gentlemen
18 rushed you; is that right?
19 A When I went for the Tanqueray, yes.
20 Q Does that mean that they came up near to you when you say
21 rushed you?
22 A Yes.
23 Q Okay. Did you pull your gun out as they came up near to
24 you?
25 A Yes, I did.
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