0:00Okay. So, I'm going to turn your attention back to June 30th of um of 2025. Um were you patrol on that day?
0:10Yes.
0:10Okay. What was your shift if you remember?
0:12Uh I did a swap. So, I was working um for another officer. So, that shift was uh for the 12th.
0:20At some point, did you get a call from someone in particular? Um yes, officer Houston.
0:25Um and um at some point did you learn why he called you? Uh yes. And why was that?
0:33Um apparently her um the defendant's ex fiance uh took a restraining order out.
0:41You had to serve it? Yes, we had to serve it.
0:43Did you know that person? Did you know a person by the name of um Justin um Elaine?
0:50Uh didn't know him, but I met him on one occasion.
0:54Okay. Did you know the defendant uh Kelsey Fitz Simmons?
0:57Uh knew her but not well. Um she was on maternity most of the most of
1:05the time that when I first transferred over. So All right. So you got a call from from uh from Houston.
1:13I did. Where did you go? Uh we met behind the Atinson school.
1:17It's called the CCC. And um he explained the situation to me.
1:21Was he uh anybody else arrive at that point? Not yet. Okay. At some point at some point. Yes. Who is that? Lieutenant Dailyy.
1:30Um did you talk about um any um plan as to how this was going to occur?
1:38Uh yeah, Lieutenant Daly said that he'd do the talking and um you know, she based on the restraining order, uh Justin was supposed to get custody. Oh,
1:48sorry. I'm I'm sorry.
1:50Well, I'll jump in. So, you knew that there was potentially a child there? Yes.
1:54And that the child would be uh transferred from the defendant to uh the fiance. Correct. That's correct.
2:01Okay. Um so where did you go? Uh so from there I pointed out to officer Houston and
2:10Lieutenant Daly um the positioning of where um the defendant had parked her
2:18car which was at least 150 yards away from her house. And we all thought that that was very odd.
2:30So where did you go? Uh we pulled up right before the house.
2:34Um the foliage was was uh pretty overgrown,
2:39so we we left our cars there, got out and walked up to the front door.
2:43Okay. Um at some point, did you um come into contact with the defendant? Yes, we did. How did that happen?
2:50Uh Lieutenant Daly knocked on the door or rang the doorbell uh and she came out. Okay. Was she with anybody? Uh her baby.
2:59Where did you go?
3:00Uh we went into the family room. She went straight to a couch. That's off to the left and I kind of went
3:08straight. It was another couch. Um, and I believe Houston was to the left of me.
3:14Um, did you see and hear Lieutenant Daily interacting with the defendant? Yes.
3:20Can you uh tell us what you saw? Uh he explained the situation that Justin had taken the restraining order out. Um that
3:28we were going to have to remove firearms from the house and that um uh the baby
3:35uh their son he was going to be in Justin's custody for I think it was 14 days until the next uh court hearing.
3:44Um,
3:46when Lieutenant Daly mentioned that the guns were going to be um removed, did the defendant say anything about that?
3:57Uh, yeah. She said that they were located downstairs in the basement.
4:09Um, what happened after that? Uh, I noticed her duty belt on the couch, so I went and checked that. Um, there was no firearm in there. And I observed a um,
4:22uh, like a gun case on a mantle. I opened that up and there was no gun.
4:27There was no gun. Did she say anything in response to that?
4:31Uh, yeah. She re uh, reiterated the guns were downstairs in the basement.
4:39What happened next? Uh she went to gather some belongings for um their son and she came up and handed me the baby.
4:48Um he was screaming. I was trying to calm him down. Um I believe she gave me his bottle and I was trying to feed him.
4:57Um but I thinking it it can't be too comfortable. I wear an elder carrier vest and I have all my equipment in the front. So it was kind of hard to create.
5:06Did you eventually hand the baby off to someone else? I did. Um I believe Lieutenant Daily.
5:12Now if um do you typically wear gloves when you're on duty? I do. Um were you wearing gloves that day?
5:20Uh yes, briefly for maybe like 10 minutes.
5:23Okay. Did you take them off once you were in the house? I did.
5:26Now um did Miss uh Fitz Simmons uh leave the room at all?
5:33Uh while I was with the baby, yes. Um,
5:36Lieutenant Daly and Officer Houston escorted her around. I think it may have been a kitchen area.
5:42Um, I never went back there. So, um, I just basically stayed in the family room with with her son.
5:48Okay. Did um on a typical restraining order um
5:55um service, would you let a uh person who is the subject of the restraining order uh walk around the house unattended?
6:03No. Okay. Um at some point did they come back? Yes. Okay. What happened after that?
6:10I handed the baby off. Um I was standing in front of um her stairs and um she had stated that she had clothes upstairs for the baby. So I handed the the baby off.
6:21And so did someone go upstairs? Uh myself and Officer Houston. Um where did you go?
6:29We right at the top of the stairs. It's like a um it's a very small hallway. Uh right to the left is the baby's room. Uh
6:38right to the right is um the main bedroom. Okay. And so where did she go first? Uh to the left to the baby's room.
6:45And uh what did you observe?
6:48Um I observed a a crib. The back wall had uh bookshelves of sort and um there
6:56were just clothes on the ground. Did you enter the room or did you stay on the outside? I entered the room there.
7:02Okay. What did you see the defendant doing if anything?
7:05Uh, she was wrapping up baby clothes and she put him in a um car seat and then um
7:13while she was doing that, I heard a an an older lady come in and start to yell at Lieutenant Daily.
7:20Okay. Did that um create any reaction from the defendant at all?
7:26No. Um, I actually I asked her who that was downstairs and she looked up and said she had no idea.
7:32Okay. Uh, what happened next?
7:35Uh, she handed me the uh, baby seat and asked me to take it downstairs and I told her I told her no. Okay. What did you do with it?
7:43I put it on the ground. I said we'll deal with that later. Uh, what happened next?
7:49uh she started packing uh a lot of books and it's almost like this round basket with two handles and I
7:58explained to her that her son's 4 months old. Um no need for all the books. You know, you're going to see him in two weeks. So,
8:06what did she what did she do with the books?
8:08Uh she handed me the basket and asked me to go downstairs, bring it downstairs. And what did you do?
8:14Um I told her we would deal with it later and I put it down on the ground.
8:19And you told her you'd she'd see her son in two weeks.
8:22Yeah, roughly. I said your next court date is on the 14th.
8:31What happened after you put the uh had that conversation with her and put the um uh book carrier down?
8:39Um at that point, Officer Houston had gone downstairs uh because of u the commotion. So, she
8:48said that she had to get more clothes out of her room. So, I followed her um in into the room, but I never went in
8:55the room. I stayed on the um I guess the top landing uh right right before the um uh the door frame.
9:04Okay. And did that seem to be a bedroom? Yes.
9:07Okay. So, if you walk up the stairs, you had been in the room on the left, correct? Yes.
9:11Now, she went across to the room on the right. Yes.
9:14Okay. Um, you said you didn't go into the room yourself? No. Were you able to see her? Uh, yeah. She was 3 feet in front of me.
9:22Okay. And, um, what was she doing?
9:25Uh, she was wrapping up clothes. Um, and she had paused and she said something to the effect that these are dirty. And I
9:34said, "Listen, um, you know, wherever the baby's going, I'm sure there's a washer and dryer." out of court statements motion start
9:42over over I said wherever the uh baby's going most likely has a washer and dryer so don't
9:48be concerned and then I I could tell she was getting getting upset um she started to shake and I said listen you know
9:58court date is in two weeks uh it'll it'll be over before you know it did something happen next
10:06uh yes she was on one knee when she was uh wrapping up the clothes and she pushed off with with her left foot and
10:14lunged behind the door frame. So to my left to her right.
10:18Okay. Could you see what was there from where you were? Not from my perspective. No.
10:22Uh what happened after she um went behind the the door frame?
10:26She reappeared with a gun and pointed it right at me and pulled the trigger. Okay.
10:31Can you describe or show us how she did that?
10:34Uh yep. So when she came around the frame here, she she came up and clicked. Okay. Where was it pointed?
10:42Uh my face.
10:44Okay. Um after it clicked, what happened?
10:48I screamed her name. Uh I was completely shocked. She had the drop on me. Um she began to She had the what?
10:57The drop. Drop.
10:59Uh- which means she had the tactical advantage over me. Okay.
11:04Um, I drew my weapon. She was already backpedaling and she was doing what we call a tap rack. Um, basically when you
11:14do a tap rack, that's when your gun malfunctions. So, when you tap the magazine, you want to make sure it's properly seated in the magazine. Well,
11:22and then you rack the upper receiver or the um the the slide.
11:26Okay. I think the judge was writing. I'd like him to see this if I could if he could just because you made Understand
11:32the lingo too. Is it a tap wrap? Like a rack rack. Rack. Yes.
11:38May he stand up so you can see what he's doing, Josh? Yes.
11:43So, a tap tap and a rack.
11:46Okay. Um, so tap on the bottom of the magazine. Yes.
11:50And a rack. Was did she do that once or or more than once?
11:55She did it twice. So, the first time she did it, I I I um it was really it was slow motion. I could see her hand slide
12:03off the the the the top of the uh uh receiver. Uh she started moving her way around the bed and she began tabracking
12:12again and I was yelling at her, "Don't do it. Don't do it." And then what happened?
12:17Uh she after she um successfully got around in the chamber, her right arm started to come up and uh I shot twice
12:25in rapid succession at her. Yes. Can you hold on one sec, please?
12:44You're all set. Um,
12:50what did you observe after you fired the second shot? I saw her flinch. Um, the gun went down,
12:56so I stopped shooting. She stopped her action. Um, and then she went to the ground. Okay. Uh, where was she at this point?
13:05Uh, on the opposite side of the bed in between the wall and the bed. What did you do next? I covered down on her. Uh,
13:13what does that mean?
13:15Uh, I I kept my gun on her or in the area of where she was cuz I couldn't really see all of her at that point.
13:21What could What part of her can you could you see?
13:24I think um I think her legs maybe. I don't really remember.
13:29Okay. Did someone else appear at that at that time? Uh Lieutenant Dailyy.
13:33Okay. And what did you see him do if anything?
13:35Uh he came up said, "Where's the gun?" I said, "She still has it." Um I'll cover you. And so what happened?
13:42Uh we walked around the bed. Um I I stayed lethal force on her. He rolled her um and saw the gun.
13:50Okay. Did you see the gun? I did too. Yeah.
13:52What happened with the gun? Uh, he put it on the bed and she was still conscious, alert, moving. I grabbed the gun, I moved it to the other side of the room. Okay.
14:02Um, what did you do next?
14:06Uh, we immediately started um, first aid. How so? Uh, putting pressure on the wound. Uh,
14:14we wanted to see if there was an exit wound. Uh, which there was. Uh, so we were trying to stop the bleeding. Um,
14:20Lieutenant or Lieutenant, um, Officer Houston came running upstairs with a medkit. Uh, Lieutenant Daly started to
14:30wrap the wounds in, uh, gauze. Uh, and then officer core came into the room and I ordered him to secure the weapon.
14:38Okay. And did you see him do that? I did.
14:44Um, did you hear the defendant saying anything um after she was on the ground? Um, it hurts.
14:53And I said, "Just keep breathing. You have a baby to live for." Uh, what happened next?
15:00Uh, the medics showed up, uh, fire department, and we all got out of their way so they could start working. Elsie,
15:08um, did they transport her out? Uh yes they did.
15:13Did you look for anything um after um she was uh removed from the house?
15:19Uh so on my before she was removed from the house, I walked out of the bedroom uh just to give them space. It's it was
15:26a very small room. There was a lot of stuff everywhere. Um, right to the right there was some sort of I don't know end
15:33table um where she launched and it looked like a wooden box of some sort and the lid was open on that.
15:42Um, did you look for any damage out in the hallway at all or the other room?
15:46When I got out into the hallway, the baby's room had a door with um little glass panes
15:54and we noticed uh officer core noticed it first. She said, "This is this is damaged. Did she get a round off on you?" And I said, "Geez, maybe she did."
16:05Okay, hold on. Um, did you notice the broken glass?
16:11Uh, yes, I did, but there was nothing on the floor. So,
16:19at some point, did you Excuse me one second. Broken glass.
16:22Where was it? Uh, so on the the baby's room, uh, there's a a door. I believe it was on the baby's room. Um, and it had little glass panes, right?
16:33One of them was damaged. Uh, but there was no glass on the floor, your honor. So, I chocked it up as, uh, old.
16:42Um, why did you shoot twice? Uh, she wouldn't stop.
16:48Do you know if you hit her with the first one or the second one?
16:50I didn't know. Uh the second one I could visibly see her flinch. The the first one though, she was still uh tap or
16:57getting ready to raise her arm.
17:22Sir, I'm going to show you um number of pictures. Sure.
17:29Show you um exhibit number six. You recognize that? I do. What is that?
17:37That's the uh front of the defendant's house and the door that we entered.
17:43exhibit number 10. Do you recognize what that is?
17:53Is that the front door?
17:54Oh, yes. That's the front door. The stairs are right to the right. Yep.
18:40show you what's been marked as exhibit number 36. You recognize uh what that is?
18:47Uh uh the stairs leading up um the stairs leading up stairs. So right to the right would be the master. And if
18:56you took a a quick little left of the baby's room,
19:01how you exhibit number 39. Is that the baby's room that you were talking about? Yes.
19:1438. Recognize that?
19:16Uh the baby's room. is the uh is that the um container I guess you will of books that
19:25you were talking about earlier as the bottom Oh yes,
19:30I'm going to show you what's been marked as exhibit number 49. You recognize what that is?
19:36That would be the entrance going into the uh master. Okay. Into the bedroom.
19:43Yes.
19:50show you exhibit number 51. Do you recognize uh what's in that photo?
19:59Uh that would be the box that was open uh to the to the left of the door frame number 50. You recognize that?
20:11Yes. Could you Where were you? in relation to this picture. Sorry.
20:19Um, where were you um when you um first observed Miss Fitz Simmons um pull out the gun and you aim it at your face?
20:29Uh right before um the door frame. Okay. So, you back backed up a little. Yep.
20:36Probably right whoever took that picture probably right there. Um, and where were you in relation to the door frame when you um you shot your weapon?
20:48I uh used part of the door frame as some sort of cover. Um, and
20:56I was leaning up against it uh with with both my hands. So, my my gun and my wrists would have been in the room.
21:07and show you what's in my group.
21:19All show you uh what's been marked as exhibit number 53. Um do you recognize that? I do.
21:27Can you tell us and judge if I may ask him to get down to point it out to you? Okay.
21:34Um if you could approach Can you tell us um
21:40where Miss Fit Simmons was? If you may um show the judge where Miss Fitz Simmons
21:48was when uh she first uh taped it if you if you can.
21:56Uh right about here.
21:58And then she started side stepping and I was telling her not to do it. Um, and I shot approximately right here when she finished.
22:21I have nothing