1. What happened in Jackson Avenue Park?
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2. What did you read about the people involved?
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Appendix D
Strong Evidence Trial Transcript UNITED STATES V. SWOPE
09-5006-cr
Unofficial Oral Argument Transcript
The following is an abbreviated unofficial transcript from an assault with a deadly weapon trial involving a Mr. Garret Bailey and Mr. Austin Swope. The assault occurred on public property on the night of February 22, 2011. Injuries resulting from the assault took the victim to the hospital.
Witness 1: The first witness was Officer John Mitchel, who responded to the calls of an altercation.
Prosecuting Attorney: Officer Mitchel can you recall for the court exactly what happened on the night of February 22, 2011?
Officer Mitchel: I was called by dispatch to report to the parking lot of a popular local hang out on Jackson Avenue in Hanna, Wyoming. I arrived at Jackson Avenue Park at 7:45PM to find Mr. Bailey on the ground bleeding from a deep cut to his arm (refer to the fact sheet), which needed twenty stitches. I immediately called dispatch for an ambulance when I arrived. The assailant was not present at the time. Mr. Bailey’s friend, Mr. Storm, was at the scene and informed me of the attack that had occurred before my arrival and named and described Mr. Swope as the assailant.
At approximately 8:15PM that evening I was able to track down and question Mr. Swope and his friend Mr. McCullum, who was present during the attack, about the assault. Mr. Swope had admitted that there had been an argument, but refused to admit that he had been present when Mr. Bailey was injured. During the
investigation, on the following day, police came across the box cutter used in the assault about a mile from Jackson Avenue Park where it had been thrown into some brush.
I asked Mr. Swope what had happened and he explained that the two were fighting over a girl, Ms. Janessa Friedman, they had both unknowingly been seeing at the same time. Mr. Swope found out through Mr. McCullum that Ms. Friedman had been seen out that night with Mr. Bailey.
After Mr. Bailey dropped Ms. Friedman off at her apartment, Mr. Swope had followed him where he met up with his friend, Mr. Storm, at Jackson Avenue Park. Mr. Swope had called his friend Mr. McCullum to come back him up. Mr. Swope
told Mr. McCullum that Ms. Friedman was cheating on him and he was going to “kick the guy’s ass.”
Mr. McCullum arrived shortly after Mr. Swope. The two got out of their vehicles and approached Mr. Bailey and Mr. Storm. Mr. Swope began yelling at the victim and his friend. Mr. Swope said that he said what he felt he needed to say and left the altercation. Mr. Bailey and Mr. Storm said differently. After the investigation, Mr. Swope was charged with assault with a deadly weapon.
Prosecuting Attorney: During your investigation, did you come across a video of this event? Officer Mitchel: Yes, a witness recorded the incident with their cell phone,the video clearly
shows that the attacker was in fact Mr. Swope. Prosecuting Attorney: Thank you, Officer Mitchel. CROSS EXAMINATION BY DEFENSE ATTORNEY
Defense Attorney: Now, when you arrived at the scene did you see any weapons? Officer Mitchel: No, I did not see any weapons at the scene when I arrived.
Defense Attorney: When you questioned Mr. Swope didn’t he tell you that Mr. Bailey had pulled a knife on him during the altercation?
Officer Mitchel: Yes, but there was no knife found at the scene or on the victim. Defense Attorney: Is it possible then that Mr. Bailey discarded his weapon before you
arrived?
Officer Mitchel: Maybe, I arrived very quickly after receiving the call from dispatch. I received the call at 7:43PM and arrived at Jackson Ave Park. at 7:45PM. That would give a wounded victim 2 minutes to discard his weapon and return to the scene of the crime. Had the victim gone anywhere to discard the weapon he would have left a blood trail. He was bleeding quite badly.
Defense Attorney: Would it not be possible for Mr. Storm to have discarded of the weapon for the wounded Mr. Bailey?
Defense Attorney: Would it be possible that in the attempt to get out his knife he could have cut his own arm and then hid the knife in order to blame Mr. Swope?
Officer Mitchel: That is highly implausible, but I do not know. I told you everything that I know happened anything else is just subjective.
Defense Attorney: Thank you. That will be all Officer Mitchel. PROSECUTION REBUTTAL BY PROSECUTING ATTORNEY
Prosecuting Attorney: Now Officer Mitchel, you said that there was a cell phone video of the assault?
Officer Mitchel: Yes, a bystander heard some yelling and pulled out his cell phone. He began to record the incident with the video feature on his phone.
Prosecuting Attorney: Did you watch the video? Officer Mitchel: Yes I did.
Prosecuting Attorney: Could you identify Mr. Swope and Mr. Bailey?
Officer Mitchel: Yes. I could clearly identify both Mr. Bailey and Mr. Swope.
Witness 2: The second witness is Garret Bailey’s best friend Michael Storm, who was present at the time of the altercation.