The phone the video phone is then set down and theres a a time that lapses. Then, when the phone is picked back up, you see a mailbox on down holmes, road immediately, visible and then shortly there after you see this blue mailbox again and thats, where you see mr oliver. So what you were referring to a moment ago was that mr aubry turns around somewhere in here between the blue mailbox and this telephone pole in this area, probably around in there. Yes, sir okay, so the blue mailbox is just a its a visual indicator easily to see in the video and then hes running back. Yes, now just to clarify you see this chain length fence here running from this red posted mailbox backwards. Yes right, dude all right! Thats not the end of the road thats, just the end thats the property line for that particular residence. Am i right thats correct? Yes, sir, because this road keeps going on well beyond. Yes, sir, it does okay! Ms burton can we shift over to the drone recreation of mr brians path of travel on holmes road? This is im. Sorry jimmy explain what this is: yeah, yeah, okay. This is mr brian, as he has made. The three point turn traveling back down holmes road. Going back towards the intersection still drive, the mailbox you see on the left is visible in his video when the phone is picked back up, stop stop and youll see that um mailbox to your left and the blue mailbox is in the far distance on that curve.

Right there, its kind of hard to see from this far back oh im, confused. Where was the blue mailbox its on up ahead its on up ahead? Okay, all right, so this is a pretty long streak. Then no sir, i wouldnt say it was long. Its the drone is moving at a very rough speed at this particular moment. Um does it vary in speed. It does yes, sir all right so, and that variance in speed is in a recreation of the path. The speed at which the participants are traveling, its just its its the operator, its drone stuff. Yes, sir, okay and theres, the blue mailbox, as you can see right there, all right keep keep keep playing it and at some point, your drone video turns around um its going to go up towards the intersection past. The blue mailbox towards the intersection. Okay, im shooting were now heading back down towards the scene of the shooting. Yes, sir, the scene of the shooting is going to be up ahead. You see where that stop signs at its a little bit before that youll see youll, see the alcott driveway. Okay on the left and again youll see the mailbox there and the extended pavement. Oh um exhibit 300.. I think it. The legend says its showing the path of travel with everybody, yes or thats, correct all right um. Can we stop and go to the project? Camera thanks its upside down all right, because i was somewhat confused by the the last video.

The yellow path is mr arburys path of travel. Um, yes, sir thats correct – and we saw earlier on the drone for mr arburys path of travel that theres a blue mailbox here – um, yes, sir, approximately and somewhere in front of that between the mailbox and that telephone pole, mr aubry turns around comes back south. Yes, thats correct, okay and i wasnt clear from the drone video that you had, but it looks like from this diagram and this diagram you prepared or helped prepare. I have prepared yesterday, okay, and it reflects your understanding of mr brians path of travel right, thats, correct. Yes, sir okay, so youve got mr brian come in. Did he pass holmes? Yes, sir, he did okay hes going to his statement, so he passes homes and then he has to back up. Am i correct? Yes, thats correct, but at the time that why is he backing up at this point because he is still pursuing? Mr aubry and mr well at this point mr arberry technically is following, i wont say, chase but hes following mr brians vehicle correct no sir. Until he turns up homes, no sir, mr uh, according to mr brians statement, he overshoots where mr aubry is, mr aubry turns right down homes, mr brian then backs his vehicle up and pursues him down homes right and thats, because on this road, mr brian is well Ahead of mr aubry at this point, because, mr because mr aubrey turned to the right unexpectedly down holmes, wrote his mind right, but mr bryant is is trying to stay ahead after his testimony right.

The agent see chris. Do i have that correct agency? Christian? Is that mr rvery attempted to get this truck? You recall thats part of the statement. I recall that as being part of his statement, his indication was that im not asking you to comment on the truth of an or of another or credibility of another witness. Okay thats, what was set? Was it not during the interview number one, the witness needs to be able to finish a sentence and number two arguing with the witness. Your honor is neither arguing or a witness or improperly interrupting, to prevent a witness from going into a matter that they cant testify. I understand youre, just directing the witness on your question go ahead. Thank you. Mr brian has indicated in his last statement the one to agent seacrest that mr arbury to him appeared to be trying to get in his truck. I believe that was his statement. Agent seacrest in his last statement. Yes and theres been all kinds of gbi work on fingerprints and other stuff, in this case, thats correct. Yes, sir, at this point mr bryan says that he pulls well ahead of mr aubry quote: unquote the fastest hes traveled. Yes, he said he pulls ahead. Mr albury turns to the right down holmes road and then mr brian decides to pursue him down holmes road. That is correct. Yes, sir, so you agree, then that technically mr arbury is behind mr bryan, but moving towards him.

I dont thats, not my understanding of what its saying he shoots forward, mr aubry, and does not go in the direction of mr brian. He turns right down holmes road proceeds down holmes road, its mr brian, that backs his vehicle up and then pursues. Mr aubry down holmes road because mr arberry has passed mr albenzi with his cell phone and his gun up here: 220 attila minutes before hes passed him with his cell phone. Yes, sir hes up all right, mr aubry comes out of the house under construction. Mr albins is across the street if thats, what youre saying? Yes, yes with his cell phone and his handgun, he had his cell phone, yes, sir, and i believe he was in possession of a handgun, but mr brian doesnt. So far as his statement to agent seacrest is concerned, mr brian has no idea that mr albenzi is out here. Does he thats correct? I dont. Remember him mentioning anything about mr albins being out there. So is so. Mr brian, then, is surprised when mr arberry, instead of proceeding towards the exit of satila shores, turns up homes instead. Okay, i i think my understanding of what occurred is different than what youre asking counselor, and i want to find out what youre saying my understanding is when mr bryan pulled his truck ahead. Mr aubry did not pursue mr bryan on satella drive. He turned right because mr bryan was in front of him at that point, so mr bryans in front, mr arbory turns up holmes yes away from mr bright and then mr bryan backs up and pursues again, mr aubry so when mr brian is backing up here.

Consistent with your diagram when, when hes backing up hes not backing up at mr arbory, because mr arburys already turned up here, thats correct sir hes backing up trying to get to him. Okay, all right and youve already indicated that the the previous drone of mr arberry has a turning back just north of the blue mailbox thats, correct thats, the video thats depicted in mr brians cell phone video, and we know that location because you see mr arbury turn Around thats, correct, yes, sir, and come back at mr brians vehicle come back in that direction. Yes, sir! Okay, not trying to figure out whats in mr averys mind right, but hes coming back towards mr ryans truck. Yes, sir. He gets around that curve changes direction or appears to be and come back towards mr brians truck yes right and then we hear the sound of, i wont even say, a truck a motor vehicle. A motor vehicle passes passing mr mr brown and in this video, because i dont want to switch back again back and forth. I want tempeh here, but in this video you can tell how fast mr brian is traveling. When mr arbury turns around cant you, there are theres sorry there is a flash of the speedometer at least one point in the video, if thats, what youre referring to but and youre, and the video, though, does not focus on the speedometer the entire time. So at that one moment of time, yes, we can tell how fast the truck is going, but the engine of the truck is revving up and down throughout.

So i cannot make an accurate prediction as far as the speed of mr brian well, i know weve got. I lost count was it 300, 400 or 1000 still images from the end of this encounter? You come out. The breakdown of the video is that correct from the the tragic loss of life at the end of the video thats been broken down into a thousand frames. Yes, how many frames did you break down the part of the video where mr aubry is coming back at mr brian, the entire video was broken down, sir into individual steels, okay. So so, okay, if thats your question theres at least one still in there, where you can see the speedometer in mr bryans vehicle – shows that hes traveling behind mr berry at two to three miles an hour. I believe there is one picture of one instance where youre looking at speedometer – and this is after mr brian has turned his vehicle around – makes a statement that hes going back after and continue on, and then he begins driving that you see the speedometer. At that point he is going, i would say three to five miles an hour, so youre telling your you cant, see the speedometer before mr arbery turns showing that mr brian is following him, not chasing him at two to three miles an hour. I dont recall that i recall what i see the speedometer is, after mr brine turns around and goes back towards the intersection of holmes road still drive and in the in the video, and i i dont want to switch videos here.

You see a lot of frantic movement on the steering wheel, dont you yes, sir, you do, but can you tell whether mr brians vehicle is actually moving during which part youd have to youd have to figure it out? Apart from me, when you see mr arbury turn around and come back towards his vehicle mm – hmm, okay, yes, sir, you then lose sight of mr berry. Am i correct? Yes ones correct and you you see, hands moving back and forth on a steering wheel? Yes, sir. Okay, but its not clear that the vehicle is actually moving, is it there are parts of the vehicle in the video where it appears the vehicle is stationary, especially when he does the three point turn it does to me. Sound like the engine is revved up at a large part of the video. Your part youre talking about right after the thing that sit down. Yes, sir, it does sound like to me that the vehicle is in motion. If thats your question and theres. In fact, a point on the video where you can see the brake, the the gas pedal has no foot on it. Id have to go back and look at that sir. Would that be consistent with mr brians foot being on the brake pedal at that time. It could be yes, sir. I wouldnt. If you see you its feeling the brake pedal, it could be, but i dont recall the port of the mission, the part of the video youre, referring to now im somewhat curious, because i thought a moment ago, you were suggesting that mr obrien said that im going To go on youtube saying that, yes, yes, sir, and did i hear you tell the jury that that mr brian turned around change direction to go back after mr arbor? Yes, thats, correct, okay! Well! If mr brian is turning around here to go after mr arbory, then how does he get way down here? That conversation is made when hes down there, sir? Is it yes, sir, when he makes that statement he has already done the three point.

Turn you hear him make the statement, then you hear gravel on the vehicles as hes pulling back onto the road, but that statements made to my understanding of the video compared to his statement at that point where he actually does the three point turn and makes the Left going back towards the intersection of homes, road and still drive, so this is the three point turn where we hear the grapple. Yes, thats, correct, okay! Well, mr arberry never gets anywhere near that point, thats, not that i can see thats correct sir. I mean, as far as we can piece together right, thats right. Yes, sir okay, so when you were telling the jury that mr brian turned around when he said he was going to continue on when mr brian said he was continuing on, he had to be going. The opposite direction for mr wright im. Sorry you have to rephrase that counselor. You lost me in there in that question. The truth is that when mr bryant says on the video im going to keep going, mr brian is going away from mr arbury and away from the mcmichael defendants. No sir thats not correct. He turns back towards where he has seen where mr aubry has been running and where mcmichaels have passed in the vehicle. He goes back in that direction. Now you would agree with me. Would you not that, although its the long way, this is a path for mr brian to return to his home, going back to zellwood and coming around yes, sir, its the long way right its not easy? Turning into the driveway because of the bushes there at the corner, is it ive never tried to turn into the bushes from that direction, so i wouldnt know, but he could go home that way, yes or he could but going home.

This way is the shorter way. Yes, as far as distance wise and its the easier way, certainly the shorter way. Okay and when mr brian comes back down, he gets the video on. Am i correct? The video is playing throughout the time hes, making the three point turn he picks the video back up. Yes, right, well, theres, no reason for him. There would be no reason for mr brian to pick the phone up and video him driving back home. Would there that wouldnt make any sense? I dont know no, sir, i guess not. I dont know why he would videotape himself going back home thats for some reason i dont know about unless its a holiday. Do you videotape yourself going back home? No, not normally, okay, so the fact that mr brian is leaving the cell phone on the seat or on his lap or wherever would be consistent with him going home when he says hes going to keep going objection calls for speculation. I dont say i question was consistent that thats, not speculation, thats research, of course, so mr bryan leaving his cell phone in his lap or on the seat and not trying to record, would be consistent with him going home with him. Keep going as you hear on the video, no sir, my understanding was that he put the phone down so hed have both hands to steer his vehicle. Then he had it turned around and then he picks up the phone once he sees the start, but he doesnt turn it off.

Okay, where are mr secrets, where mr brians statement to mr secrets, agent secrets? Does he say that say which part thats my understanding of taking his thing with it fair enough, fair enough? Okay? So when the video comes back on, mr brian is headed back the other direction, thats correct! Yes, sir. Now youve listened to the video. How many times now i couldnt count a lot, probably more than youd like to very much so, sir okay. What kind of truck does mr brian drive just give me a second? Let me review my notes with it, sir. I believe he drives a chevrolet vehicle, but id have to check the case file to find out that that that year, that model comes with three different engines. I dont know. Sir, do you know whether mr bryants got the version or hes got the basic version? I do not know that sir okay. Well, do you know whether its an automatic or whether its a manual id have to review back the case file? I dont recall offhand. Well, can you count the number of shift changes gear changes that mr brian is making in the video? I have not tried to count the number of gear changes or shift changes that hes made in the video no sir, because that would tell you how many times mr brian could be turning around wouldnt. It not necessarily would tell you how many times he changed gears. Well, you can tell when you put a car in the park, dont you it depends on the car, sir, i cant say ive ever taken any kind of stock of the sound of a car being put in park.

So you, basically you cant tell from listening to that video, that your explanation of mr brians path of travel is incorrect. Thats, incorrect and thats. My take of the video is that thats the path of travel. I believe it is correct. Okay and the video picks up, where does the vid? Is the video picks up here immediately when he turns around shortly after he turns around the video picks up very very quickly after he turns around at the three point, thats reason why you see that mailbox to the left thats when the video picks up and then, As he, the video is up as he travels and then youll see, mr aubry by the blue mailbox, which is on towards the curve. Well, youd agree if mr brian continues traveling the opposite direction for mr berry at that point, hes given up the chase if he would have turned and went down, zellwood hypothetically, would that mean hed given up the chase? Yes, but he didnt. He turned and went back towards miss darwin. Well, we know he turned around yes, sir. At that point, hes videoing videoing the path that hes on. Am i correct? Yes, sir, its the best, clearest quality video we have on this occasion its the only one of the shooting youre talking about yes, sir okay, and that would be consistent with someone who, at this point in time, is simply trying to observe the events. No, i wouldnt say that sir no sir, it wouldnt be consistent with mr brian trying to be a witness to whatever is about to happen, sir.

I dont believe he was just a witness in what happened so well, im, not asking you what you believe. Will you ask me if it would be consistent, so the answer is no because he wasnt a witness, therefore videotaping. I dont understand your question. Okay, if mr brian, having abandoned the pursuit of mr arbor, had decided, he wanted to record what was happening and he turns around to do that. The video the last part of that video is consistent with that. It would be consistent with that or consistent with the fact that he was still pursuing. Mr aubry trying to box him in between two different vehicles and a jury will have to decide what mr brians intentions were at that time. Am i correct my understanding is thats their role? Yes, sir. Certainly not your role or mine, thats correct! Okay! Now, when mr brian comes back down, you know what lets start the footage again, which one back down the road? No, i take that back. Can you switch switch to the video the video Music move fast, miss burton no pressure, Music, Music. I keep telling you again: Music, stop thats the k turn isnt it the k notes, or it was back there where you could hear the gravel. Well then wheres. This turn i didnt hear return, sir. Well, why are we shifting gears twice at that point? I dont know if you had no idea. Yes, sir im telling you thats, not my understanding go ahead.

Where the turn is you hear the gravel earlier in the video fair enough, i dont want to argue with you im. Sorry. If i came across the way. My apologies, you can you can start the video stop. This camera angle is. Is it looking directly at mr arbor in the truck no sir, its not its looking to the right, thats correct, yes, sir to the right would be mr arburys path of escape. Would it not could be yes, sir other than the fact that mr albenzi might or might not be waiting down the street that would be thats the path out of the neighborhood? That is the pass down, still drive yes, sir. That is one path outside the neighborhood. Yes, sir, what would be the other path back to zellwood, going back to up? Okay from where mr r berry is, is positioned out there at the end of homes, whats the shorter way for him to get out in the neighborhood youll be going up. Still a drive okay, and so does it surprise you that mr brians got his cell phone pointed that direction as if hes expecting mr arbor to run across the lawn thats, not how i interpret that counselor fair enough. Stop mr arborist moved to the right of the pickup truck yes immediately prior to stopping the video and again mr obriens cell phone is pointed at the just to the right of the intersection of holmes in stilla, correct, thats, the way its facing at this point.

Yes, sir, but the camera is drifting around quite a bit. My interpretation is not that its being pointed in that direction, more so than its somebody trying to operate a vehicle and hold a phone at the same time it bounces quite a bit. Well, we can agree that mr brians, not winning any awards here for cinematography, correct its bouncing around quite a bit. Yes, but again, mr brians got his cell phone pointed to the right to the exit path, the escape path from a strawberry at this instance. Yes, sir, all right go ahead. Stop so again mr brian is trying to follow mr arburys path of travel. Is that yes, sir, so when mr berry, instead of going to the right to go out of the neighborhood, turns left and towards mr mcmichael, then mr brian pivots his camera the other direction again, my interpretation is hes trying to keep the camera on mr albury, but Trying to operate a vehicle, its drifting around quite a bit thats my interpretation all right and we can agree well, let the jury decide what mr bryants intentions were. Yes, sir. Thank you so much, sir. I have no further questions.