Mock Trial Direct Examination

Please state your name for the record.

Alex Garcia

Describe what you do for a living.

I am a flagger for Kickin’ Asphalt Paving Company.

What does that look like?

We monitor and direct traffic while paving activities are going on so that our crew doesn’t get hurt.

Do you know Stevie Tyler?

Yes, I do.

How do you know him?

He is my neighbor, coworker, and friend.

Describe him to us?

• set the stage at the end about the accident and cognitive impairments

• He is very family-oriented, hard-working and a kind man. At times, he can bit gullible and “slow”. Ever since his big accident, however, he has been even more slow and childlike.

The car accident

It was a bad accident. Around the beginning of Feb 2023, I was riding in the passenger seat while Stevie was driving. , and a car swerved across the median and hit us. Our car rolled over four times and flipped on its roof. I was okay, but Stevie’s head hit the steering wheel. He was barely conscious, mumbling incoherently, and blood was running everywhere. He was in the hospital for ten days.

What do you mean, slow and childlike?

Well, before his accident, it used to be small things. Repeating sentences, adding up paystubs, not following instructions properly, etc. Now, its bigger issues. He started doing things that I’ve never seen him do before. He doesn’t pick up on things as easily, he’s too trusting to the point that he’s gullible, and he makes irrational decisions without thinking them through.

This behavior that is “too trusting,” what does that look like?

Picking up a cooler on a random doorstep and delivering it to someone in a Wal-Mart parking.

How often did you two hang out?

Almost every day.

I want to talk to you about March 23, 2023. Do you remember that day?

Yes

Do you remember who you were you with that day?

I was with Stevie Tyler.

Where were you that day?

Well, I was sitting on my front porch enjoying a beautiful day when Stevie asked me to go for a ride with him.

Did you go anywhere?

Yes.

Where did you go?

We went to the Valley Park Apartments on Wolff Street and then to the Wal-Mart on the far side of town.

Let’s back up. Why did you go to the apartments?

Stevie had to pick up a cooler for a friend and deliver it to someone that

would be waiting for him in the Wal-Mart parking lot in a Black Escalade.

What did you know about this “delivery?”

Other than what I just described, nothing.

Did you know what was in the cooler?

No, I did not.

Did you have reason to believe that Tyler knew what was in the cooler?

No.

Did you ever see him look in the cooler?

Never.

Did you ever hear him talk about what was in the cooler?

No, I did not.

What did you do with the cooler after you rode with Stevie to pick it up?

Stevie put the cooler in the back of the truck and drove to the Wal-Mart ,where the person in the Black Escalade was waiting.

Did you know what was happening?

No, I did not.

Did you talk while you were driving to Wal-Mart?

Yea, a little bit.

Talk to us about that drive to Wal-Mart.

Well, I was nervous, and I told Stevie that none of this made sense, but Stevie reassured me that he was doing this for a trusted friend and that it was a good way to make money.

Can you describe the scene at Wal-Mart when you arrived?

When we got there, we saw the Black Escalade parked at the far end of the parking lot. It was parked far away from the store. The whole thing was odd. The whole thing made me nervous.

At that point, did you learn how much he was making?

Yes, right as we were pulling in, Stevie told me how much he was going to make.

How much was he going to make?

$2,000.00.

What did you think of that?

I thought that $2,000.00 was too much for a five-mile delivery.

Did Stevie seem concerned? Too trusting, doesn’t see the negative consequences of actions sometimes, doesn’t understand.

Well, like I said, Stevie is overly trusting and doesn’t always see the negative consequences of his action, but he reassured me that this was for a trusted friend and that it was a good way to make money. So, I would say that he was not too concerned.

How did you feel at that point?

I felt fooled, taken advantage of, scared. It was a mixture of emotions.

Did you express your concern?

Just as I was about to tell Stevie, we were surrounded by a bunch of cops with their guns drawn. They grabbed me by the shirt, pulled me out of the car, and threw me on the ground, face down.