exhibit 14

EXHIBIT
14
1
A I had a bulletproof vest.
2 Q Why were you wearing a bulletproof vest that evening?
3 A Well, I know what happened to my son like two weeks or
4 whatever before, and I said well, I was --- want to
5 have a 1 ittle protection in case, you know.
6 Q Okay. And is that also the same reason why you were
7 carrying this gun that you identified?
8 A Yes.
9 Q Okay. Mr. Claudio, you have to wait until I finish
10 with my question before you qive your answer, because
11 the court reporter lady can't, take us down at the same
12 time. Okay?
13 A Okay.
14 Q Thank you. When you say you were backing up toward
15 the Tanqueray gin you said, "they rushed me." Do you
16 mean both defendants or one -one or both of them?
17 A Both of them .
18 Q And who got to you f i r s t ?
19 A The guy right there.
20 Q The guy --
21 MR. MAGOV/AN : The record should reflect he
22 is pointing at Mr. Gils.
23 THE COURT: It: sha11.
24 THE WITNESS: Mr. Gils.
25 BY MR. MAGOWAN:
13 71 Q And when Mr. Gils got to you first, how did he grab
2 you?
3 A He grabbed me. He start, wrestling with me.
4 Q And where -- and how much -~ how many -- how much time
5 went by -- well, let me back up. Did Mr. Gilmore, the
6 guy in the black shirt, did lie grab you also?
7 A No, he started hitting me with bottles.
8 Q Okay. So Mr. Gils grabbed you. And did Mr. Gilmore,
9 the guy in the black shirt, start hitting you with
10 bottles right away?
11 A Yes.
1.2 Q What did you do with your grin?
13 A That's when I draw.
14 Q You drew it from your holster under your left arm?
15 A Yes.
16 Q What happened once you got your pistol out of the
17 holster?
18 A That's when Mr. Gils rushed my gun, and we were
19 fighting for the gun.
20 Q Okay. And what, if anything, did Mr. Gils or
21 Mr. Gilmore say when they rushed you?
22 A Where's the money.
23 Q Did they both say that?
24 A Yes.
25 Q They did? And did they say that before or after they
(page 138)
rushed you or during the time that they were, rushing
you?
During the time. Happened so fast that during the
time, you know, he keep asking, where is the money.
MR. MAGOWAN: When you say "he", the record should reflect he is pointing at Mr. Gilmore.
THE WITNESS: Mr. Gilmore.
THE COURT: The man with the black shirt?
THE WITNESS: The man with the. black shirt,
yes
THE COURT: it shall.
MR. MAGOWAN:
Q He was saying "where is the money" more than Mr. Gils
here?
A Yes, yes. Q And when you were wrestling, you were saying you were
wrestling with Mr. Gils here over your gun?
A Yes.
Q Was your gun in your right hand?
A Yes.
Q And what, if anything , was being said then?
A What they keep saying, where's the money.. Where's the
money.
Q Now when you were wrestling with-- over your gun, is
that when Mr. GiLmore, the guy in the black shirt --(page139)


1 side.
2 MS. KIES: Okay. Why don't you have a seat.
3 BY MS. KIES:
4 Q And so -- did my client remain right in that general
5 vicinity of the area I believe that's next to the cash
6 register when you went to get. the gin?
7 A No. No, ma'am.
8 Q You said before in your testimony that you backed up
9 while you went to get the gin?
10 A Yes.
11 Q And that's because you had a funny feeling?
12 A Yes.
13 Q But it was for no other reason? My client didn't make
14 any motions at you prior to you going to get the gin,
15 or he didn't say anything that would provoke you to
16 think that something was going to happen, it was just
17 a funny feeling; is that right?
18 A But the minute I went to get the gin, as I was walking
19 backwards, he rushed me. He came towards me.
20 Q Okay. Let's clarify. You backed up to get the gin as
21 I'm backing upright now; is that right?
22 A Yes.
23 Q All right. And you went toward the gin. Was it on
24 the top shelf, middle shelf?
25 A It was like face level.
(page175)
1 Q At face level with you?
2 A Yes.
3 Q And approximately how tall are yon, sir?
4 A I'm 5'10" and a half.
5 Q Okay, all right. So you stepped back to get the
6 Tanqueray gin, and my client came with you behind the
7 counter; is that right?
8 A I didn't get to get the gin, no.
9 Q Okay. At the point in time when you were heading
10 toward the Tanqueray but didn't get to tire Tanqueray,
11 you did have your gun on you; is that right?
12 A Yes, I did.
13 Q At that point in time --- by the way, this is your gun;
14 is that right?
15 A Yes, ma'am.
16 Q Exhibit Mo. 7 You've identified this black gun as
17 yours?
18 A Yes, ma'am.
19 Q And this is a forty caliber gun7
20 A Yes.
21 Q I'm not good with guns, sir, but this is a Clock; is
22 that right?
23 A Yes.
24 Q And this is the same as police -- police officers
25 carry or if you know?
page 176
1 A Well, I suppose,
2 Q Suppose? Okay. All right. Where did you purchase
3 this gun at, sir?
4 A Jay's Sporting Goods in Menomonee Falls.
5 MR. MAGOWAN: Objection, irrelevant.
6 THE COURT: It isn't relevant. The answer
7 may stand.
8 BY MS. KIES:
9 Q And you had that gun on you on your left hand side.
10 Are you right handed or left handed'?
11 A I'm right handed.
12 Q So as soon as you started backing up, it's a fair
13 statement to say you pulled that gun out; is that
14 right?
15 A No, I didn't.
16 Q How far did you back up or how far did yon get before
17 you pulled that gun out?
18 A Oh, he was on on me before 1 get to pull the gun. He was
19 already on me. And that's what:, you know, that's when
20 I pulled the gun out. But he already was wrestling
21 with me, and then that's when I draw.
22 MR. MAGOIVAN- The record should reflect when
23 he says "he", he indicated toward Mr. Gils.
24 THE WITNESS: Yes.
25 THE COURT: It sha1].
MS. KIES: Okav
BY MS. KIES:
Q You say that Mr. Gils was wrestling with you; true?
A Yes.
Q And he was wrestling --when he was wrestling with
you, did he go towards your hands, did he go towards
your face, where did he go?
A Like I say, he jumped me, and that's when I draw.
That's when I pulled the gun. And when he saw the
gun, that's when he grabbed my hand so we was
w r e s 1 i n g for t h e gun.
Q So you were wrestling over the gun? You were fighting
over the gun?
A Yes.
Q And the gun was loaded; is that true?
A Yes, it was;,
Q When you held up that gun and you guys were wrestling
in that fight, the clip fell out; didn't it?
A Yes.
Q And that's kind of embarrassing; isn't it?
A Yes, yes. Very.
Q Okay.
A Very.
Q You said you were wrestling In relationship to where
the cash register is, the first cash register where I..( page 148)