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Please introduce yourself to the court
My name is Pat Smith
What do you do for a living?
I have worked as a security guard for a # of retail & grocery stores in town
Moving on, how long have you worked at Super King?
I have been employed since Aug. 1, 01
What were your responsibilities as a security guard at Super King?
My job involved protecting the store’s merchandise and help control the shoplifting
Moving onto some martial arts, what prior experience have you had using a karate chop?
I have never used a karate chop except for when someone threatened by girl/boyfriend w/ a knife in self defense
Moving on, where were you on Aug. 20, 2002?
I was at the Super King, standing near the front of the store
What happened that day
A guy bolted out the door
Who was the person who bolted out the door?
His name was Frank Howe. I have seen this person before and knew him to be a shoplifter from earlier in the summer
What did you observe Frank carrying?
He had a cigarette lighter, a pack of cigarettes, and a package of diapers.
What did you notice about the way those items were being carried?
The items were not in a bag and he wasn’t holding a receipt
What was Super King’s policy concerning purchased merchandise and receipts?
It is store policy that items must be bagged after they are rung-up and receipts must be given to the customer
What were the conditions of the store that afternoon?
The store was crowded. There were people of all ages, including old ladies and mothers with children
What concerns did you have about the situation at the store?
felt it was my responsibility to catch Frank before someone got hurt
What happened when Frank ran past you?
I began to chase Frank, and as I ran toward Frank, he said, “leave me alone or I’ll stuff you full of lead”
What happened after Frank ran out the front door?
Frank dropped the diapers, and reached for his pocket
What did you believe was happening when Frank reached for his pocket?
Based on his comment, I was sure Frank was reaching for his gun, and I was afraid of what might happen to me and the innocent bystanders
What did you do when Frank reached into his pocket?
I immediately gave him a karate chop
What happened after you used the karate chop?
Frank fell down