Tombstone.
I walked into the courthouse after receiving a telegram for Jack and Sommer’s trial. Dave was standing in the lobby and I greeted him as I headed in. I sat on the jury beside Mysti and Serenity and Jewel sat in the row behind us. I waved to Alex walking in and sitting in the back row and he waved back. I smiled, and couldn’t help but feel happy that he was there. When both lawyers had approved the jury, Jimmy began court.
“This court is now in session,” Jimmi rasped the gavel on the desktop.
I jumped at the gavel and muttered, “Every damned time.”
“The accused will rise,” Jimmi instructed and Dave indicated for them both to stand. “Accused Mr Jack Smith and Miss Sommer Star, you have been charged with the following offense, Attempted Bank Robbery. Defense, how do they plead?”
“Not guilty, your honor,” Dave said.
Jimmi nodded and said, “We will now hear the opening statements. Prosecutor, you may approach the Jury. Accused you may be seated.”
The woman who had been referred to as Lisa earlier walked over to us and smiled. “Good morning. As you will hear in court today, Mr Smith walked in to the bank, and handed the teller a note demanding money and demanding the clerk to open the door to the safe. He then drew his guns and fired. He shot down two deputies before being shot himself then arrested. Your duty is to hear the facts and punish accordingly. Thank you.”
“Is that everything Prosecutor? Defense, we will hear your opening statement. Please approach the Jury,” Jimmi said.
“Yes, your honor,” she nodded and walked back to her seat.
Dave walked over to the jury and smiled. “First I want to thank you all for being here today. These folk here,” he motioned towards Jack and Sommer, are the innocent victims of a very sleepy banker and some misinformed lawmen. I will prove to you today that they are innocent of the charges placed on them. And I am sure you will see that they are truly innocent. Thank you.”
“Prosecutor, please call your first witness,” Jimmi instructed.
“I call Deputy Sera to the stand,” Lisa stood and Sera was sworn in by the judge. When she was allowed to proceed she asked, “Deputy, please tell the court what happened the day Mr. Smith and his, ummm Sidekick came in to the bank.”
“Sheriff TJ and I found Miss Star in the bank trying to unlock the door with a pick lock,” Sera announced.
“Objection,” Dave stood.
“Objection raised. Grounds?” Jimmi asked.
“I think the prosecutor is referring to another town and a different bank and has nothing to do with this trial,” Dave said and I raised an eyebrow at that.
“Prosecutor, we are holding a trial for a robbery at Tombstone Bank, you have the arrest card I gave to you?” Jimmi asked.
“This is about a attempted robbery here in tombstone is it not?” Dave asked and I realized then that this wasn’t a case about the one I’d investigated yesterday but about a separate robbery in Tombstone. It had appeared that the prosecutor had made the same mistake.
“We are not speaking of the robbery in Black Diamond,” Lisa said then to Sera and she nodded. “Were you at the bank at the time the accused were?”
“No, the arrest card I passed to you was dated December 16th and took place at the Tombstone Bank across the street from here,” Jimmi reminded her.
“I was not,” Sera shook her head.
“Do you have any further questions for this Deputy here as she is sworn in?” Jimmi asked Lisa.
“No your Honor, the Deputy had informed me that she was at the scene.”
“I see. Defense do you have any questions for the Deputy here?” Jimmi asked.
“No your honor,” Dave said.
“The witness may step down and resume her duty as Bailiff,” Jimmi instructed. “Prosecutor, do you have any further witness or statements for this case?”
“The others are not here,” Lisa replied.
“I understand there were statements gathered?”
“Yes,” she nodded to Jimmi. “May I call Mr. Smith to the stand?” she asked and I raised an eyebrow at that.
Jimmi sighed, “It’s been a long time since I heard that from a prosecutor. The accused is the witness for the defense. It is up to the defense to call them,” Jimmi nodded.
“Well, I had a long night,” Lisa smirked. “Still a little sleepy.”
I leaned forward with curiosity as Jimmi suggested instead, “Prosecutor, can you read the statements gathered for you by the Law officers to the jury?”
“Yes your honor, forgive me,” Lisa nodded. “On December sixteenth, the accused went into the bank and handed the teller a note,” she explained. It was clear that she wasn’t reading the reports but that she was paraphrasing from memory.
“The jury are reminded that statements are sworn testimony and are to be treated as if the witness were here,” Jimmi reminded the jury.
“Demanding he open the door to the safe, and demanded money,” Lisa went on. “He then drew his guns and threatened to kill him if he didn’t. Miss Sommer then pulled her guns...” she said and I noticed Dave shuffling through his statements as Lisa went on, “And started shooting. Gunned down the Marshal and the Deputy, although the Marshall was able to fire back and gun down Mr. Smith. They were both then arrested and taken into custody.”
“No they were not, they were taken to the clinic first. They were shot by officers,” Mysti grumbled from beside me.
“Quiet,” Sera ordered from her position as bailiff.
“They were arrested,” Lisa rolled her eyes. “Shot or not. And Chase Kemp, both.”
“Thank you. Do you have any further statements to read?” Jimmi asked.
“No, your honor,” she shook her head.
“Thank you Prosecutor, good work,” Jimmi nodded. “Defense, you may call your first witness.”
“Thank you your honor, and thank you madam prosecutor,” Dave stood as Lisa stepped back. “You honor, I would like to call Mr Jack Smith to the stand.”
Jack was sworn in and then Dave proceeded with his questioning. He took one of the statements and turned to the jury. “What I have here is the statement from the banker, Mr Chase Kemp, if I may, I would like to try and clarify what the prosecutor tried to tell you. This is what Mr. Kemp had to say,” he said and read from the file, “I witnessed a man come into the bank, and pass me a note ordering me to open the side door into the vault. When he went for his gun, I tried to draw mine just as fast, and it would seem a Marshal was at the scene as well and drew his, a long story short, the would be Bank Robber was gunned down, and unfortunately the Marshal was as well.” He looked over at Jack and said, “And now, I would like you to hear from Mist Smith what actually happened that made the banker think the way he did. Mr Smith, please tell us what happened that day in the bank.”
“Okay,” Jack nodded. “Well we rode into town I need to go to the bank to withdraw my funds. I have an account there with 10 whole dollars in it. I wanted to get a ring for Sommer. Well the banker was asleep standing up.”
Dave held up a receipt to show the jury, “This is Mr Smiths bank receipt showing that he did have an account at the bank here.”
“Well, I banged on the counter and shouted, ‘Wake up!’” Jack continued as Dave showed the bank statement to Jimmi and to the jury. “I guess it made him mad cause he started to argue with me then I demanded the money my money and he unlock the door so I could get to my safe deposit box. Well, he didn’t and started to mouth off at me so I could not slap him. He was behind the bars. So I drew my trusty colts to scare him and next thing I know, marshal Kris runs in shooting, so I dropped him.”
“So let’s take this as to what actually happened. You woke the banker up and it seems that he thought you were robbing him, is that correct?” Dave clarified.
“I guess I ain’t never seen a man sleep standing up kinda strange.”
“And the supposed hold up note was actually your bank receipt?” Dave asked.
“And then he was grumpy. He needed to learn some manners,” Jack said.
“Okay, now let’s get to the guns part of this,” Dave started.
“Your honor, I object,” Lisa stood.
“Objection raised. Grounds?” Jimmi asked.
“This receipt is for a Mr. John Wayne,” Lisa said. “Now, Mr. Smith may think he’s John Wayne...”
“Madam prosecutor, have you ever used an alias? Maybe to keep your husband or boyfriend from knowing about your money?” Dave looked at her.
“Your name is Jack Smith, is it not?” Jimmi looked at him.
“But...” Lisa rolled her eyes. “He’s a long way to go before filling those shoes.”
“It’s Smith. The sleepy banker probably spelled it wrong,” Jack said.
“Prosecution, you may question the witness on this point when he is passed to you,” Jimmi told her. “Defense... Proceed.”
“Thank you, your Honor,” Dave smiled. “What I have here is the statement from Matty Seferis, just to clarify what he really reported,” he gave a look to Lisa, “And not what the prosecutor said.” He took the statement and read, “I was at Allen Street when I saw Jack Smith and SommerStarr ride towards the bank. I went over there to see if everything was alright given the background of the two suspects of robbing banks. I saw Jack Smith pull a gun against the bank teller demanding the money or he would killed him. SommerStar unholstered her gun and started shooting. They gunned down the Marshal and the Deputy, although the Marshal was able to gun down jack Smith. I had drawn my guns and took SommerStar and jack Smith prisoners. If you notice that Matty made his own predetermined decision on the actions of my clients and acted on what he thought to be a crime, but in reality, was not.”
“Well I drew to scare the banker cause he was insolent and then Kris ran in guns blazing. No ‘hello Jack’ or kisses so I shot him I guess he shot me. I heard shooting outside but I was hurt so I cant say what happened out there.”
“Was Miss Sommer even in the bank?” Dave asked.
“No she was outside waiting for me so we could to shopping”
“Your Honor, this is a pack of lies,” Lisa shook her head.
“I see, and did the marshal even warn you to put your gun away before he shot?” Dave asked.
“No,” Jack shook his head. “He just came in shooting.”
“Defense, I can see the prosecution is biting at the bit here, can we move along a little?” Jimmi requested.
“Your honor, I am trying to prove that my clients are innocent. the prosecutor mis-stated the statements, and I am only clarifying them for the jury.”
“She needs to sit down and let Dave do his job!” Sommer stood and shouted then.
“Stifle your sidekick, Mr. Smith or I’ll have to put a sock in her mouth!” Lisa shouted back and I raised an eyebrow at that.
“As you would be doing, yes Defense,” Jimmi nodded.
“Yes please mr dave we need clarification of facts so distorted,” Mysti said and I reached back to put a hand on her knee to calm her.
“You will what?!” Sommer shot Lisa a look.
“Prosecution please have a little respect for the defense. You will get your chance to question when he is done,” Jimmi told her.
“Sit down, Miss Star,” Sera ordered.
“You heard me. Now take your seat,” Lisa told her.
Dave looked at her and motioned for her to simmer down. Jimmi told her, “Miss Sommer, please be seated until you are called.”
“Your honor, it seems the prosecutor is now threatening my client,” Dave said then.
“Tell Lisa to stop threatening me, your honor,” Sommer requested.
“Who’s facts?” Lisa asked. “You mean fantasy.”
“I will have order in my court!” Jimmi shouted. “Thank you. Defense, any further questions for your witness?”
“I have no more questions for my client your honor,” Dave said.
“Thank you defense, Prosecutor, please question the witness.”
“Thank you, your honor.”
I sighed at the current disorder but gave a look to Mysti to make sure she was remaining calm and could see that she was trying hard to smile.
“Thank you, your honor,” Lisa said and walked over to Jack. “Mr. Smith. You expect me to believe that you simply went in to the bank...”
“All I can do is tell what happened and let the good folks on the jury do their duty ma’am,” Jack stated.
“To withdraw your money,” Lisa continued. “Oh wait... You mean John Wayne’s money.”
“Well that’s the paper the banker gave me,” Jack said. “And he’s got my money. Unless he spent it on manner lessons.”
“And you were gonna buy a 10 dollar ring for Sommer were ya?” she chuckled.
“Well I had other money too, but I needed all I could get,” Jack said and I couldn’t help but roll her eyes.
“I had other money in the deposit box,” Jack said.
“Let’s not forget about the note you left on the door of the Sheriffs office when you took that money too,” Lisa said and I perked at that. “Oh but then, that’s another trial. Pardon me. So...”
“Dave!” Sommer exclaimed and Jack looked at his lawyer.
“You wanted your money and you dew on the teller,” Lisa went on, “And demanded it.”
“Object,” Dave stated then and I exhaled at that.
“Boy she cant keep her trials straight how can she keep the facts straight!!” Mysti growled.
“So how is that you ended up shot again?” Lisa asked.
“Prosecutor, this is the second time i have mentioned that this trial os for an arrest in Tombstone. please be cautioned that i will charge contempt if you continue to bring other cases to the court for this trial.”
“Your honor, the prosecutor is making assumptions,” Dave stated his objection.
“Yes, thank you judge!!” Mysti exclaimed and I smiled at that.
“I am on it, Defense,” Jimmi held up his hand to him.
“Simply trying to explain character your Honor. Not the first safe he’s been in, nor the last.”
“Please remain focused on this case Prosecutor,” Jimmi said.
“Yeah, showing your own character,” Mysti said.
“Object!” Dave shouted.
“Your honor!” Sommer shouted.
“Shh, Sommer. Let me handle this,” Dave insisted.
“You pulled a gun on the teller and you fired. Threatened to kill him,” Lisa went on.
“Objection raised. On what grounds?” Jimmi asked.
“He already admitted pullin’ a gun to scare him... Geez...” Mysti shook hr head.
“Once again she is making assumptions, accusations of other unfounded crimes,” Dave replied.
“For John Wayne’s money,” Lisa went on. “Sounds to me like you found that receipt.”
“He didn’t threaten to kill,” Mysti muttered. “Boy, she keeps making stuff up like Matty did.” I reached over and squeezed Mysti’s knee again and she took a few deep breaths, looking at me.
“I have that in hand, Defender. Thank you,” Jimmi nodded to Dave.
“And tried to collect on money that wasn’t yours,” Lisa went on.
“Prosecutor please continue and remember Tempus fugit,” Jimmi advivsed.
“Can you repeat the question, Lisa?” Jack asked.
“Your honor, can the prosecutor stick to the facts and not her own accusations?” Dave requested.
“At what point again did you draw your guns?” Lisa asked. “Before or after he refused to give you the money.”
“I have dealt with the matter Defender, please hold your compositions,” Jimmi looked at Dave.
“Well the banker mouthed off to me and at that point I lost my temper my ma always said to work on that but its tough so I drew to scare the man,” Jack replied.
“Objection!” Dave shouted and Jimmi sighed as I jumped at the loud volume. “She is making assumptions again.”
“As suspected. You lost your temper and drew on him,” Lisa went on, ignoring what was happening around her as seemed to be her habit.
“Yes,” Jack nodded. “But I did not fire until the marshal ran at me shooting.”
“Seems like a fair question to me,” Jimmi said. “Overruled. Proceed.”
“And leading the witness,” Dave continued his objections.
“So it’s fair to see that any gun fire that took place afterward,” Lisa surmised. “Was in the teller’s own defense.”
“Well if they shoot at me I’m gonna shoot back. I didn’t know who he was he didn’t identify himself as law. No hugs, no ‘hey Jack’, no kisses, so I shot him.”
“Law is supposed to warn not just shoot,” Mysti muttered and I wrote down ‘self defense against Kris’ in my notebook.
“You drew on the teller,” Lisa said.
“I did and I’m sorry for that but it was my money and he was insulting me.”
“You threatened his life...”
“Draw is not shooting,” Mysti said.
“Shh...” I whispered to Mysti.
“It was not your money. It was John Wayne’s money,” Lisa pointed out.
“It was a promise more like,” Jack said.
“And you were attempting to steal it.”
“Objection!” Dave shouted. “The prosecutor is harassing the witness!”
“The teller was doing his job, by protecting his patrons money,” Lisa continued.
“Ooh sleeping is doing his job right!! said sarcastically,” Mysti said.
“Prosecution, are we going to berate this witness into a confession on stand?” Jimmi asked.
“Berate? Your honor...” Lisa started.
“The witness has answered your questions repeatedly despite the number of ways you have asked them.”
“Your honor, the prosecutor is making a story on what happened, and not on the truth. she is doing this in her own words and not the witnesses,” Dave pointed out.
“Simply getting at the facts your honey... honor, I mean,” Lisa winked.
“He tried to collect on another man’s money.... the teller protected it... and Mr Smith drew on him. No more questions your Honor,” Lisa said and stepped back.
“Objection,” Dave stated again.
“Well the Objection is sustained, unless you have a new question for this witness is the Prosecution resting?” Jimmi asked.
“Yes your honor,” Lisa nodded.
“Thank you, Prosecution. The witness may step down. Please return to your defender.”
“Defense, do you have further witness or statements for this case?” Jimmi asked. “And defense, I note your objections too. Please trust the jury to debate these points.”
“Yes your honor,” Dave sighed and I looked at him sympathetically.
“Your next witness please.”
“What I have is a statement. It is the charges on my clients stating that they were arrested by Matty Seferis, Sheriff of Pearce and deputized in Tombstone.”
“Proceed,” Jimmi nodded and I chuckled at the fact that Dave was using a statement that Lisa had paraphrased earlier.
“The statement here shows that he assisted deputy Ryker Raines in this, but nowhere has there been a statement or mention of the deputy,” Dave pointed out and I raised an eyebrow at that, shuffling through my notes but not finding a statement from Ryker. “It also says that he was deputized in Tombstone, and once again, there is no record of this. So I submit that this was an illegal arrest to begin with.”
“Wow...” I couldn’t help but mutter.
“This is stated on the arrest card that the arresting officer was from outside town and deputized? Are you bringing up a legal point Defense?” Jimmi asked.
“That is all I have, your honor,” Dave nodded. “I am. There are no records of this sheriff being deputized to make an arrest in Tombstone.”
“Indeed, I do see where you are going with this,” Jimmi nodded. “You have a witness to testify this took place or not, apart from these statements from the Prosecution?”
I had the feeling that I was going to need to go to the shooting range after this was over, as yet again there was confusion in communication amongst the law group.
“Sir, there are no witnesses to this because I don’t believe it happened,” Dave pointed out. “It is only on the arrest report.”
“Your honor...” Lisa started.
“Yes prosecution?” Jimmi asked.
“If I may, I would like to call Sommer to the stand.”
“Miss Sommer, please come to the stand, Bailiff, please swear the witness in,” Jimmi said.
Sommer was sworn in and so Dave started, “I know this has been a trying time for you.”
“Yes, it has.”
“That’s why it’s called a trial,” Jimmi put in and we all chuckled at that.
“Can you tell the court why Mr smith went to the bank please?” Dave asked.
“He went to get some more funds to take me shopping for a ring,” Sommer said and I inhaled deeply, looking over at Jack.
“More funds?” Lisa asked as if it was her turn.
“Yes, money,” Sommer answered her.
“He wanted to buy you a ring, he is a very nice man. But then shooting started. Do you know who fired first?”
“You get your chance to question soon,” Jimmi said to Lisa.
“Yes, Marshal Kris did, “Sommer nodded.
“And when you saw your boyfriend shot, is that when you drew your guns? To defend him?”
“Yes Sir.”
“Thank you Miss Sommer. Oh, one more question. Did you know or hear anyone deputizing Matty in Tombstone?”
“No Sir, I did not,” Sommer shook her head.
Kris sighed and stood then. “Your honor, if I may?”
“Thank you, that’s all I have,” Dave stated.
“One moment please, Defense,” Jimmi said. “Yes, Marshal Kristoff?”
I blinked hearing Kris and realized that there wasn’t even a statement from him.
“I heard the defendant make several threats and saw him first through a side window,” Kris explains.
“Your honor, I’m sure the marshal has things to say, but he is not on the stand,” Dave pointed out.
“I understand you were in the shooting at the bank Marshal, I am sire the prosecution will call you after they have cross examined this witness,” Jimmi nodded.
“Okay,” Kris said and took a seat.
“Defense, you rest?” Jimmi clarified.
“Yes,” Dave nodded.
“Prosecution, please question Miss Sommer.”
“Yes your honor, gladly,” Lisa said and stood. Walking over to her she said, “Miss Sommer... You mentioned that Mr. Smith went in to the bank to get more funds for your little shopping spree. Care to explain what you meant by ‘more funds’?”
“To get money. Isn’t that what banks are fore? To get his money out.”
“Yes, yes,” Lisa chuckled.
“Oh we are all full aware he went to get money... but let’s clarify just who’s money it was again that he was trying to get out.”
“Ask him,” Sommer said and I raised an eyebrow at that answer. “I didn’t go in there.”
“Well I’m askin’ you,” Lisa said.
“I was waiting outside. I have no idea.”
“Objection!” Dave said.
“Objection raised, grounds?” Jimmi asked.
“She is leading the witness, Miss Sommer already said she wasn’t in the bank.”
“Oh yes waiting outside with your guns blazing isn’t that right?” Lisa asked.
“No, and don’t put words in my mouth,” Sommer shook her head.
“Objection sustained,” Jimmi nodded. “Proceed.
Lisa looked over at Dave and mouthed the words ‘sit down and shut up’. To Sommer she said, “Oh I’m not tryin’ to put anything in your mouth, miss. Trust me.”
“Prosecution, please have respect in this court for the defense, I will remind you that you are under caution for contempt,” Jimmi said and Lisa nodded. “Proceed.”
“Isn’t it true that you fired upon the marshall?” Lisa asked.
“No.”
“No? You were shootin’ birds or what?”
“I said no. Ya deaf?”
“Care to tell the court who exactly you were shooting at? Was it John Wayne seeing that’s who’s money was being taken?”
“Objection,” Dave said and Jimmi sighed.
“I told the court before after the shooting began I defended my self and Jack,” Sommer said.
Wow, I thought to myself.
“Objection raised. Grounds?”
“She is making accusations again and leading,” Dave said.
“Defense, just one moment please Prosecution,” Jimmi said.
“Defending yourself, isn’t it true your guns were the first to be pulled?” Lisa asked. “How is that defending, exactly?”
“Jack was shot and so was I. No ma’am.”
“Yes, yes,” Lisa nodded. “And why you think you were shot? For the hell of it?”
“Objection,” Dave stated.
“Defense, I am growing weary with an objection at every question this prosecution is putting forward. If you have reason to complain about the prosecution’s methods please deliver it to the jury at closing and let them decide when they deliberate verdict,” Jimmi said.
“Miss Sommer will you please answer the question?” Lisa asked.
“Prosecution, do you have further questions for this witness? I see Marshal Kristoff is waiting to present his testimony,” Jimmi said.
“Still waiting on her answer.”
“Please ask me the question again?”
“Curious as to why she thinks she was shot.. for the hell of it?”
“I was defending mself,” Sommer said.
“Seeing her reputation just curious to see what her answer is. Buty ou drew first. So how is that in any way defense?”
“There were four guns on me and no I did not draw first.”
“You a mind reader too?” Lisa asked.
“I thought Mr Smith drew first on the banker,” Jimmi stated. “Prosecution? Is that all?”
“Yes, your counterpart drew on the teller,” Lisa said. “Then you drew and fired upon the law, isn’t that correct?”
“Don’t tell me what I did,” Sommer ordered.
“Just statin’ the facts, ma’am.”
“Your honor, the prosecutor is harassing the witness,” Dave said.
“Kris shot Jack, I drew in self defense,” Sommer explained.
“No more questions for this witness, your honor,” Lisa said.
“Prosecution, I am calling your cross examination to a close now, the witness may step down and return to her defender,” Jimmi ordered. “Prosecutor, I believe you have a law officer in court who was present at this crime?”
Lisa requested for Marshall Kris to come to the stand and Sera swore him in. “Before I begin my questioning... I’d like to clarify something. Seems the defense attorney has raised question about the validity of one of your deputies. Can you elaborate, please?”
“Yes,” Kris nodded. “When I heard Mr. Smith demand money and make several threats, I identified myself as the town marshal and the sheriff came to assist. Under new regulations set forth by the county council... a duly-appointed lawman does not need to be deputized.”
“I beg your pardon?” Jimmi asked and I blinked at that.
“What the heck...” I muttered.
“Marshal, do you have documents to support that?” Jimmi asked.
“It was a rule set forth by the county counsel and one Adrian Wise,” Kris explained and I looked at Jimmi with confusion. I shuffled through my book, wondering if I’d missed a telegram negating the need for deputization.
“I was the only Tombstone lawman on duty and the sheriff merely came to assist me. Since he is a duly-appointed lawman, I allowed it.”
“Very good, Marshal,” Lisa nodded. “And understandable seeing your position on that day.”
I shook my head at that, remembering an incident back a few months ago when Kris had allowed me to deputize a known outlaw and I’d gotten in trouble for it when I was a deputy in Tombstone.
“Marshal, when did you request assistance? Was it before after you were shot or after theses accused were arrested?” Jimmi asked.
“I identified myself as law and the sheriff came to assist.”
I blinked then, realizing that he hadn’t mentioned anything about Ryker at all.
“He was providing me with assistance given that Miss Sommer was watching me like a hawk and looked like she wanted to kill me.”
“I accept that Marshal, what i am asking is a point of law. Was the arresting officer Matty Seferis requested to assist?” Jimmi asked.
“Yes he was.”
“Thank you, Marshal. Please Prosecution, proceed,” Jimmi instructed.
“Please tell the courts what happened on the day in question.”
“I was in town when I saw the defendant and Sommer head towards the bank,” Kris explained. “Knowing Mr. Smith’s reputation I walked over to observe and make sure nothing bad was about to happen.”
“Yes. What did you observe? And with all due respects... You were late coming in and it’s been a very long trial. He said he was going to shoot the tellers head off.”
“I heard the defendant make several threats including ‘I’m going to shoot your head off’ and ‘give me the money’. That’s when I moved closer and took cover, watching the defendant through a side window.”
“Then what happened?”
“I pulled my guns. At this time Miss Sommer was screaming obscenities at Sheriff Matt and Deputy Sheriff of Tombstone Ryker. Through the window I saw the defendant pull his guns and that’s when I knew I had to move quickly.”
“Was she threatening them?”
“She was not,” Kris shook his head. “I walked in and saw the defendant turn and raise his weapon at me, and I fired.”
“Then what happened?”
“I was shot in the back after I took down the defendant.”
“Who shot you in the back?” Lisa asked.
“Objection!” Dave stood. “How would he know who shot him in the back?” he asked and I thought to myself that was a good question.
“Objection sustained. Prosecution, are you finished? We do need to finish before church not after,” Jimmi said.
“How could the marshal know who shot him in the back?” Dave asked.
“Yes your honor,” Lisa nodded and Jimmi invited Dave to cross examine.
Dave walked over and said, “First Marshal, I want to thank you for your service to this town.”
“Okay.”
“Now if I may... You said that you heard Mr. Smith threaten the banker. Is that correct... yes or no.”
“Yes.”
“Yet I have here in my hand,” he held up the banker’s statement, “The statement that says he handed a note, not a spoken threat. Are you making this up?”
“I am not, I heard a threat made,” Kris replied.
“Objection, your honor,” Lisa stood.
“Objection raised. Grounds?”
“Mr Smith said himself that he banged on the counter and yelled at the teller to give him the money,” Lisa said.
“Your honor, I have the statement from the banker himself..and it has already be stated that the statements are correct and binding.”
“Objection noted. I want to see where this is going. Proceed defense.”
“You also stated that you were the only lawman in town when you asked for the assistance from Matty, but then you said that deputy sheriff ryker was also there,” Dave said.
“He arrived late, Sir, “Kris said.
“Were you not aware of who was really around?” Dave asked.
“As I said, when I came on duty Sheriff Ryker was not around. At the time, I was the only active lawman.”
“If you want to make conflicting statements here on the stand, how can we believe what you say to be truth,” Dave turned. “I have no further questions, your honor.”
Jimmi asked for anymore witnesses but neither side had any more to present. He invited Lisa to give her closing statement and she stepped forward. “First let me apologize for the length of this trial and thank you all for your patience. It was proven that Mr Smith was clearly not at the bank to retrieve his own money when he handed the teller a bogus receipt belonging to someone else. He admitted to causing a scene and threatening the man. He also admitted to drawing his guns on him. His own defense attorney failed at tryin to discredit the Marshall’s procedure with the deputy. Sommer also admitted to firing upon the legal forces. In light of the facts presented today the only right thing to do it find them both guilty and rid our streets of them. I trust you will do what is best. Thank you.”
“Thank you, Prosecution,” Jimmi nodded. “Defense, you may close to the jury.”
Dave walked up to the jury and put a finger to his lips in thought and then spoke. “What we have shown here today, is a mis-carriage of justice. Mr smith went to draw money from the bank, in his own account, to get a ring for his girl, Sommer. In trying to wake the banker up, he banged the counter with his gun. admittedly a bad idea, but not threatening. The law then saw that and interpreted it to be a robbery, and started shooting . Miss Sommer drew her guns after Mr Smith was shot and tried her best to defend him, but was also shot in the process. So you see, this was a bad mistake, and my clients are innocent of any wrong doing, and only charged because of a misunderstanding by the law. as well as conflicting statements made on the stand by the marshal. I know you will make the right decision and find them not guilty. Thank you.”
Dave stepped down and Jimmi invited the jury to deliberate in the back room. I followed Mysti and Jewel into the jury room and we discussed the case and the fact that the statements given by the law and the reports on the stand were contradicting, and how the prosecutor was busy making lies and accusations of the defendants. We decided unanimously that the defendants were both not guilty of the crimes they were accused of.
We walked back out and gave the verdict, which was met with cheers from the defendants. I looked up at Jimmi and asked, “Your honor, could I have a point of clarification with you after things are adjourned?”
“Yes miss Trin as long as you are quick, my wife is in need of attention.”
“Your honor... Are not lawmen required to be deputized by local law in order to make arrests? Even if they’re the sheriff of another town?”
“I have not seen any document to suggest such Miss Trin.”
“So Matty did indeed not need to be deputized by Ryker and Kris? When I was a deputy in Bisbee, I was told that I needed to deputize law from other towns to help me in Bisbee... Perhaps that was just for that area?”
“As I see it, there is no document stating that a law officer from outside town does not need to be deputized so status quo will remain.”
“So they do still need to be deputized then,” I surmised.
“Thats how the court sees that position.”
“Just clarifying because Kris’ statement was confusing.”
“Only when there is no law officer to request assistance, can an outside law officer engage in arrest.”
“Or when asked for help specifically...” I nodded.
“May I clarify that?” Dave asked.
“Please do, Dave, if you have time.”
“If we see another lawman and we need help, we can ask for their assistance, and they do not need to be deputized because they are already law.”
“Understood,” I nodded. “However a citizen would need to be deputized.”
“As would a cavalry officer?” Jimmi clarified.
“But they cannot make arrests in another town without the asking for assistance.. in other words, they cant take it upon themselves to make an arrest just because they see a crime.”
“So in this case... Ryker or Kris should have made the arrest. Not Matty.”
“But they did ask Matty for assistance,” Dave nodded. “And yes the arrest should have been made by either Ryker or Kris.”
“And yet the arrest report was filed by the sheriff. Understood.”
“One day someone will write these situations down in a way for everyone to understand,” Jimmi said and I winked at him.
“Just making sure I had that in my head straight. As a lawyer, it’s important to know these things. I know it has very little to do with my role as a detective,” I winked at Jimmi.
“Thank you folks for a great trial,” Jimmi smiled.
“Thank you, Jimmi. Have a good evening,” I said. “I’ll head upstairs and begin working on my report.” I walked upstairs and sat down at the table to begin writing my report on the court.
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