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IN THE COURT OF COMMON PLEAS IN AND FOR
THE COUNTY OF MONTGOMERY, PENNSYLVANIA

CRIMINAL DIVISION




COMMONWEALTH OF PENNSYLVANIA NO. 4630-01

vs.
GARY JAMES LANDIS



SUMMARY APPEAL


Courtroom 6
Thursday, January 3, 2002
Commencing at 2:00 p.m.

Paula Meszaros,
Official Court Reporter
Montgomery County Courthouse
Norristown, Pennsylvania


BEFORE: THE HONORABLE LAWRENCE A. BROWN, JUDGE


COUNSEL APPEARED AS FOLLOWS:

REEVE SWAINSTON, ESQUIRE
Assistant District Attorney
for the Commonwealth

L. BRUCE HOFFMAN, ESQUIRE
for the Defendant




Date: Clerk of Courts:

la
INDEX


COMMONWEALTH’ S EVIDENCE
Witness Direct Cross Redir Re c

Carol Allsop 3 12 --



Mike Dran 20 27 --


Randolph Scott Floyd 29 45 --

DEFENDANT’ S EVIDENCE
Gary James Landis 54 61 69



COMMONWEALTH’S REBUTTAL EVIDENCE

Randolph Scott Floyd 71 71




EXHIBITS

COMMONWEALTH’ S

Number Marked Rec’ d



C-1 Citation 31 45



C-2 Polaroid Photograph 44 45
2


(The proceedings were commenced)
With the Court, Reeve Swainston, Esquire, L. Bruce Hoffman, Esquire, and the defendant being present.

MR. SWAINSTON: Your Honor, we are ready. This is going to be a hearing. We have three witnesses to offer for our case. They are Officer Floyd, Mr. Dran and Miss Allsop. They are all here today and we are ready to proceed.

THE COURT: Very good.

MR. HOFFMAN: Your Honor, respectfully, since there’s two civilian witnesses, I would respectfully request sequestration.

THE COURT: Very good.

MR. SWAINSTON: I would ask for mutual sequestration. I don’t know if there are any defense witnesses, but if there are --

MR. HOFFMAN: There’s no defense witnesses.

MR. SWAINSTON: -- I would ask for sequestration.

THE COURT: All right. It is granted.

MR. SWAINSTON: All right.

CAROL ALLSOP - DIRECT

(The prospective witnesses left the courtroom.)





COMMONWEALTH’ S EVIDENCE

MR. SWAINSTON: I will start with Carol Allsop.

CAROL ALLSOP, having been duly sworn, was examined and testified as follows:

MR. SWAINSTON: May I proceed, Your Honor?

THE COURT: Yes.





DIRECT EXAMINATION

BY MR. SWAINSTON:

Q. Good afternoon.
A. Good afternoon.

Q. I want to direct your attention to April 19th. 2001, that’s a Thursday. Do you remember that day?
A. Yes, I do very well.

Q. At about 4:40 in the late afternoon, were you in the area of Main and Reliance in Telford Borough?
A. Yes, I was.

Q. All right. Were you driving an automobile?
A. Yes, I was.
Q. What kind of automobile were you driving?
A. A 2001 Impala.
Q. Okay. And did there come an occasion at that intersection on that date at approximately than time that you came in contact with somebody that you see here in the courtroom today?
A. Yes.
Q. Can you identify that person?
A. Mr. Landis.

MR. SWAINSTON: Indicating the defendant, Your Honor, by name and pointed finger.
MR. HOFFMAN: So stipulated, if that’s necessary.
BY MR. SWAINSTON:
Q. Ma’am, what happened on that day that brings you to court today?
A. It was late in the afternoon; and with the rush hour traffic, Mr. Landis was driving a concrete truck with the concrete blocks on it, not the mixer type. He was in front of me at the light.

Q. Was he directly in front of you?
A. Yes, he was directly in front of me.

Q. Were you -- let’s take it one step at a time.
A. Yes.

Q. Were you stopped
A. Yes.

Q. -- behind him?
A. At the red light.
Q. Okay.
A. There was a red light and we were stopped at the red light. I was directly behind him.
Q. All right.
A. When the light turned green, he proceeded to make a right-hand turn onto County Line Road and because of the traffic he could not make his right-hand turn. He stopped and I stopped.

Q. You said it was rush hour traffic?
A. It was busy.

Q. So there was a lot of traffic at that time?
A. Yes, it was busy.

Q. What were the weather conditions?

A. It was a fine -- it was a nice rain-free afternoon.

Q. Sunny, clear?
A. Yes.

Q. The road was not wet?
A. No.
Q. What happened then when he was trying to make that right-hand turn?
A. Well, the gentleman behind me completely not attached to what happened here at all bumped into my bumper - -

Q. Who - -
A. - - which was completely separate.

Q. Who was that?
A. Mr. Dram. *((Sp? Should be Tran.))*

Q. Okay. Is he here today?
A. Yes, he is here today.

Q. He is the other gentleman?
A. The other gentleman, yes.

Q. Okay.
A. And that was completely - - I got out of my car. I went back to Mr. Dran’s car to make sure was okay. He had a small child with him. Again, separate to what happened.

Q. So just so we are clear - -
A. Yes.

Q. - - what happened between you and Mr. Dram, you are saying that was separate - -
A. Right.


Q. - - from why you are here today?
A. To why I am here today.

Q. Okay.
A. Mr. Landis, when I had turned back to do that it was just a few seconds was in the intersection.

Q. You were out in your car at this point?
A. Yes, I was out of my car. He was using obscene language with the car that was on the other side of the road to him.

Q. Let’s paint a picture for the Court.
A. Yes.

Q. Sorry to interrupt you.
A. That’s okay.

Q. Let’s paint a picture for the Court for a minute. Where was the defendant? Was he still in the truck?
A. He was out of his truck standing in the middle of the road.

Q. Okay.
A. Was the light green or red at that point?

MR. HOFFMAN: Objection. Which light?

THE WITNESS: Well, the light at

THE COURT: Wait a minute. What’s the objection? *((We have a discrepancy in the actual quote... not a real big deal, the idea is still conveyed and at least this text was not omitted.))*

MR. HOFFMAN: I don’t know which light we are talking about?
THE WITNESS: The traffic light.

MR. SWAINSTON: The traffic light - -

THE COURT: At the intersection.

MR. SWAINSTON: - - at the intersection.

THE COURT: Overruled.
THE WITNESS: I couldn’t tell you if it was green or red when I turned, because by that time it probably changed several times. The traffic was stopped because his truck was there and he was standing in the middle of the road.

BY MR. SWAINSTON:
Q. Well, let’s establish a time frame then. How much time passed between the time that the defendant went in to the intersection and you observed him out of the truck after you bumped by Mr. Dran?
A. Less than a minute. *((So how many times could the light have changed?))*

Q. Okay. Now, you described the defendant in the intersection. Tell His Honor what you saw the defendant doing?
A. He was speaking obscenely, gesturing obscenely. Road rage was what came to my mind when I was observing this in the middle of the intersection. Traffic was being held up. He was clearly out of control and then - -

Q. Did you talk to him? Did you address him?
A. No, did not talk to him at all.

Q. Why not?
A. He - - actually, I take that back. He did come up to me and at one point just to make sure that everybody was okay. Then I backed right off because he was out of control. It was unsafe. Officer Floyd, who I did not know was Officer Floyd at the time, was coming through the intersection going straight through, also asked Mr. Landis to please be quiet and to get out of the middle of the intersection which he would not do. And then he pulled - - Officer Floyd pulled in front of the truck and got out of his car, showed his badge at which point I was very relieved to see there was actually a police officer
in the right place at the right time. I had my cell phone. I was about to call the police and Officer Floyd took care of that and called for other officers.

Q. Now, you mentioned that the defendant was engaging in some conduct you said was obscene. Do you remember specifically anything about that conduct?
A. He was using obscene language. He was waving his arms around. He was just obviously - -

Q. Do you know who if anyone - -
A. Ranting and raving are the words that come to my mind.

Q. Do you know who, if anyone, that was directed towards?
A. Everybody and anybody who was in the intersection at the time.




Q. Was there any traffic coming the other direction?
A. Not while he was standing in the middle of the road. There was traffic to come, but it couldn’t get by until - - because, A, his truck was trying to get around the corner this way. It was stuck; and if anybody had tried to go through the intersection, they would have risked hitting him.

Q. Okay. Was any traffic able to get through the intersection while he was in the middle of the intersection?
A. Not until Officer Floyd had him pull his truck clear of the intersection and park it on the side of the road.

Q. Okay. Did anything else occur after the officer showed up regarding the defendant, that you recall?
A. Yes, Officer Floyd asked him to be quiet and it took him three times and he finally did say, sir, if you are not quiet, that he would have him arrested; and he finally stopped.

Q. At any time did you see Officer Floyd use any kind of language
A. No.

Q. - - that you described - -
A. None whatsoever.

Q. - - that the defendant used?

A. None whatsoever.

Q. Would you describe the demeanor of Officer Floyd?
A. Very professional, very courteous, very much in command on what was going on. He did what he had to do.

Q. Okay.

MR. SWAINSTON: I have nothing further.

THE COURT: Cross-examine.

MR. HOFFMAN: Thank you, Sir.

CROSS -EXAMINATION

BY MR. HOFFMAN:
Q. Good afternoon, ma’am?
A. Good afternoon.

Q. As I understand it, there was a fairly large truck trying to make a right-hand turn that was in front of you; is that correct?
A. That’s correct.

Q. And he could not navigate the turn for what reason. Do you know?
A. Because of the size of his vehicle and the traffic that was on the road at the time. It was busy time in the afternoon.

Q. Well, was there something that was preventing his truck - - I mean, why did he not complete the turn? Was there something that prevented it that you were aware of?
A. I did not have a clear view of what prevented him because I was behind him.

Q. All right.
A. The traffic in general - -

Q. All right.
A. - - prevented him from making his right-hand turn.

Q. So as a consequence, you came to a stop and the vehicle behind you did not and it struck you, struck the rear of your vehicle?
A. Correct.

Q. All right. At that point, is that when Mr. Landis got out of his vehicle?
A. I got out of my vehicle and he got out whet I turned back he was out of his vehicle, yes.

Q. Okay. So you don’t know exactly when he got out of the vehicle?
A. The same time I got out would be fair to say.

Q. Okay. And was he walking toward you or away from you? Where was he going when he got out of his vehicle?
A. He was in the intersection. The fact that I got bumped had nothing to do with what we are here for.

Q. Okay. I am not asking about that.
A. Okay.

Q. All I asked you was was he walking away from you or toward - - or back toward where your vehicle was when he got out of his vehicle?
A. He was in the intersection. He was standing in the intersection.

Q. He was standing there?
A. He was in the intersection.

Q. And you said that he was obscene?
A. Yes.

Q. What was he saying? I am - - this Mr. Landis?
A. The exact terminology at this time I could not relate exactly word for word. He was using obscene language. He was - -

Q. Well, what language was he using, is what I at trying to get at?
A. Fuck you, God dam, et cetera, et cetera.

Q. And who was he saying that to?
A. There was a car parked - - there was a car in the intersection that he was - - as I said to the
District Attorney representative, anybody and everybody who happened to be standing there.

Q. Were there other people standing there?
A. Well, the crowd that draws attention, what have you.


Q. He was yelling
A. He was out of control. He was ranting and raving and just anybody who is in a fit of temper is just going to rant and rave.

Q. And this all happened within less than a minute, is that what you said on direct examination?
A. The attorney had asked me how quickly it started happening, yes, within less than a minute.

Q. And there was a crowd that gathered within less than a minute?
A. You know, people standing around, people going home, it is a very busy intersection.

Q. Okay. But I mean, was he angry at you?
A. He was just angry at the situation.

Q. Okay. He didn’t come up to you and ask you if you were okay?
A. Very briefly, yes.

Q. Okay. And he was concerned about the driver of the other car, whether that driver was okay?
A. I would not say so.

Q. Didn’t he ask if everybody was okay, that’s what he was asking you?
A. Yes, I think he said everybody okay.

Q. So he was concerned about that?
A. Yeah.

Q. And he was ranting and raving and cursing at whom? I seriously don’t understand.
A. To the situation. To everybody else that he was angry because he could not get his truck around. He was angry at the whole situation.

Q. Okay.
A. What had happened with my car and the other gentleman’s car.

Q. I understand, that’s clear. J Know if he do you know if he thought perhaps that another vehicle hit his vehicle, also?

MR. SWAINSTON: Objection.

MR. HOFFMAN: Does she know, that’s all I am asking.

THE COURT: All right. Overruled.
THE WITNESS: I don’t know if he did but I certainly - - he was not hit.

BY MR. HOFFMAN:

Q. Well, so he was not directing any anger or obscenity toward you?
A. Yes, by being there and making you feel afraid to be in a situation.

Q. Officer Floyd came upon the scene. Were ther any other officers on the scene before Officer Floyd came upon the scene?
A. No.


Q. How did Officer - - is it Detective Floyd, I’m sorry?
A. Yes.

Q. I’m sorry. How did Detective Floyd come upon the scene? I mean, in what manner, did he drive upon the scene?
A. Yes.

Q. Okay. Was he in a marked vehicle or unmarked vehicle?
A. An unmarked vehicle.

Q. Was he in uniform or not in uniform?
A. He was dressed the way he is now.

Q. Okay. When he came upon the scene, where did he come from? I mean, what direction, on what road?

A. He was on County Line Road proceeding south.

Q. Okay.
A. I think that goes north, south.

Q. Okay. And is that where Mr. Landis was standing?
A. Yes.


Q. Where did his vehicle come to a stop with reference to where Mr. Landis was standing?
A. In the middle he proceeded into the intersection and then Mr. Landis came up to his car.

Q. When his car came to a stop, that is Detective Floyd’s car came to a stop, how far was it from Mr. Landis?
A. Mr. Landis walked up to his car when Detective Floyd

Q. I appreciate that that’s what you are trying to tell me. I am asking you, though, when Detective Floyd’s car stopped moving, where was Mr. Landis? How far away from it was Mr. Landis?
A. A foot, a couple of feet, maybe more.

Q. All right. That’s what I am asking. When Detective Floyd came up to within a foot or two of Mr. Landis, did he arrive quickly or did he come up very slowly in his vehicle?
A. Cautiously.

Q. Okay. I understand cautiously, meaning he was being careful. But his speed, did he just coast
or did he come upon the scene quickly because there was a scene?
A. He had been stopped at the red light and he had proceeded into the intersection.

Q. He proceeded into the intersection?
A. Just up to him. He could not go anywhere else.

Q. Okay. And he came within a foot or two of him?
A. He came up to ask Mr. Landis to please - -

Q. Well, you did not know that until he - - you did not know he was even a police officer, did you,
when he came upon the scene?
A. No, not at that time.

Q. Okay. And do you know if Mr. Landis knew he was a police officer when he came upon the
scene within a foot or two from him in the vehicle?
A. No, I do not know if he knew that.

MR. HOFFMAN: Thank you, maam. I have nothing further.

MR. SWAINSTON: No redirect, Your Honor.

THE COURT: All right. That ‘s all.

(Witness excused.)


MR. SWAINSTON: Mr. Dran, briefly.

MIKE DRAN, after having been first duly sworn, was examined and testified as follows:


DIRECT EXAMINATION
MR. SWAINSTON: May I proceed, Your Honor.

THE COURT: Yes.

BY MR. SWAINSTON:
Q. Good afternoon, sir.
A. Yes.


Q. Do you understand me? Do you speak English well now?
A. A little bit.

Q. Okay. What language do you speak?
A. Vietnamese.

Q. Vietnamese?
A. Yes.

Q. Will you understand me if I speak slowly?
A. Yes.

Q. Okay. If you don’t understand me, tell me.
A. Yes.

Q. Okay. Do you understand that - - and if anyone asks you questions in this room and you don’t understand, make sure you tell that person. Okay?
A. Yes.

Q. All right. I am going to direct your attention back to April of 2001. Do you remember that month?
A. Yes.

Q. And specifically on April 19th, were you involved in a car accident?
A. Yes.

Q. Okay. Was that car accident with Miss Allsop, the woman in court right here? (Indicating.)
A. Yes.

Q. Were you alone in your car or with anyone else?
A. My car?

Q. Yes
A. Yes

Q. Did you have anyone else in your car?
A. My daughter.

Q. How old is your daughter?
A. Maybe one year and six months like that.

Q. Okay. So eighteen months old?
A. Yes.

Q. Were you at the intersection of Main and Reliance in Telford Township?
A. From - -

Q. From Township Line?
A. Yes.

Q. Sir, do you recognize anyone other than Miss Allsop in the courtroom from that intersection on that day, that you see here in the courtroom?

MR. HOFFMAN: Your Honor, I will stipulate my client was there that day.

MR. SWAINSTON: Very well.
BY MR. SWAINSTON:

Q. Did you see that man right there?
A. Yes.

Q. At the intersection?
A. Yes.

Q. Can you try and tell the Judge what happened?
A. From that day, I had my daughter - - my work in a company and from him, truck driver.

Q. He is a truck driver.
A. He had indicated right.

Q. Indicating a right-hand turn?
A. Yes. And him get on to turn on and her behind a truck and behind her.

Q. You hit her?
A. Yes. Let’s him stop it and for her stop, and I behind and hit from - - for her in the back from her car.

Q. Okay. Can you tell the Judge what he did, if
anything
A. Yes.

Q. - - brings you to court today?
A. Oh, I heard him and have an accident and for him to come in.

Q. The officer?
A. Yes, him come in and him tell him to move the car in the parking lot. And for him tell the guy move the car and the truck go on the side.
Q. Let’s take it slowly. You saw the detective
A. Yes.

Q. - - tell him to move?
A. Move the truck, go on the side and

Q. To go away you said?
A. No. Him say for her to move the car in the parking lot.

Q. In the parking lot?
A. Yes. From him and move her car, move her truck on the side.

Q. Okay.
A. You know.

Q. When he said move - - listen to, when the Detective said to Mr. Landis move - -
A. Yes
Q. - - what did you see him do? What did he do?
A. He was mad. Him say to - -

Q. He was mad?
A. Yes. Him say that guy, who are you.

Q. To the detective?
A. Yes. And him say, him a police at Telford and him say where your I.D.

Q. Stop. He said, I’m a police officer from Telford?
A. Yes.

Q. And he said where is your I.D.?
A. Yes.

Q. What happened then?
A. And him to in a wallet from I.D. from police

Q. Indicating the detective holding a badge?
A. Yes. And him flipping from from the

Q. Indicating putting it in the breast pocket?
A. Okay.

Q. And then what did he do?
A. To him?

Q. Yes.
A. And him get have a fight with some people on the other side

Q. Who was having a fight?
A. Him.

Q. The defendant?
A. Yes.

Q. With people on the side?
A. Yes, some people had to stop.

Q. How many people?
A. I think ten cars, something like that.
Q. Ten?
A. Ten cars had stopped, you know what I mean, and long lines. Some people move it.

Q. Was he out was he walking?
A. Yes. Him move, go out of the truck. Him walking and talk a lot.

MR. HOFFMAN: Your Honor, I will object. I know that there’s a difficulty but I am going to object to the leading nature of the questions.

THE COURT: I will give him some lead way. Go ahead.

BY MR. SWAINSTON:

Q. So he was walking by those cars?
A. Him out of the car and the back of the truck and him fighting

Q. And fighting with him?
A. Yes. And fighting with some people half stuck in car.

Q. Okay. Were those other people in their car
A. Yes.

Q. or out of the car?
A. In the car.

Q. They were in the car
A. Yes.

Q. still. Do you remember anything that the defendant said?
A. One car go away him say you, you, you, you. Him yell and the truck and the guy stuck the car. Have him move it and him follow you. You, you, like that. Him yell at a guy driving.

Q. Okay. Thank you.
A. Excuse me, and after that, a couple of weeks and him call my house a lot of time. He say him a witness from my accident or something like that.

Q. The defendant was calling you at your house?
A. Him call my house a lot of time.

Q. A lot of times?
A. Yes. Him call say him had a witness from my accident for her, something like that.
Q. Okay. Thank you. This man right here is going to ask you some questions.
A. Yes.

CROSS -EXAMINATION

BY MR. HOFFMAN:

Q. Was he trying to help at the accident scene?

MR. SWAINSTON: Objection.
THE COURT: Overruled.
THE WITNESS: Excuse me?
BY MR. HOFFMAN:

Q. Was he concerned? Was he worried about you and about Mrs. Allsop at accident scene?
A. I don’t understand what you talking.

Q. The cars that were lined up on the other street
A. Yes.
Q. - - were they preventing him from turning his truck, from finishing his turn? Were they in the way?
A. I don’t understand.

MR. HOFFMAN: I have nothing further, Your Honor.

THE COURT: All right. Step down.

MR. SWAINSTON: Sir, thank you very much for coming in. Sorry it was so difficult

(Witness excused.)

MR. SWAINSTON: I call Detective Floyd, please.

RANDOLPH SCOTT FLOYD, after having been first duly sworn, was examined and testified as follows:

RANDOLPH SCOTT FLOYD - DIRECT

MR. SWAINSTON: May I, Your Honor.

THE COURT: Yes.


DIRECT EXAMINATION

BY MR. SWAINSTON:

Q. Detective Floyd, good afternoon.
A. Good afternoon.

Q. Sir, I am going to ask you a few questions regarding this matter involving this defendant. Were you on duty as a police officer in Telford on the date of April 19, 2001?
A. Yes, I was.

Q. And you were actually a detective; is that correct?
A. Yes, I was. In fact, at that time, I was on my way home from work, but I take my borough car home with me and I am technically on duty until I arrive at home.

Q. Well, in any event, you are a sworn police officer in Telford?
A. Yes, I am.

Q. Did you have your badge with you?
A. I had it with me, yes.

Q. Were you in civilian clothes?
A. I was dressed very similar to what I am today.

Q. As a detective, so you were not in police uni form?
A. No.

Q. Did you have occasion to come in contact with the defendant on that day?
A. Yes.

Q. That was late in the afternoon sometime after 4:30?
A. About twenty of 4:00 or twenty of 5:00.

Q. That was at what intersection?
A. The intersection of Main Street and Reliance Road. Main Street just for some clarification in this case is often referred to as County Line Road because it is the divider between Bucks and Montgomery County. This was in the Montgomery County side.

Q. So it was in Montgomery County?
A. Yes.

Q. Did you have occasion to issue a citation to the defendant?
A. Yes, I did, I filed it.

Q. And what was that citation for, specifically the charge?
A. Disorderly conduct for all four subsections of the violation.


Q. All right. Do you have that citation with you in your case folder?
A. Yes. I believe you have my copy.

Q. All right.
MR. SWAINSTON: May I approach, Your Honor.
THE COURT: Yes.
MR. SWAINSTON: Can I have this marked has C-1.

(Citation, marked as Commonwealth’s Exhibit C-1, for identification.)
BY MR. SWAINSTON:
Q. Sir, I will hand you what purports to be the citation for disorderly conduct. I have marked that as Commonwealth’s Exhibit-1. Do you recognize that?
A. Yes. That’s this copy, Xerox copy of my citation I issued to Gary Landis.

Q. All right. And would you describe to the Court, you can read from the citation if there’s no objection, what it is that you cited the defendant for?
A. Okay. In that the defendant did with intent to cause public inconvenience and annoyance and alarm, yell and scream, block traffic and cause a disturbance in a public place, and additionally, a the bottom block traffic Main and Reliance during rush hour, yelled and scream belligerently and continued after warning, children and others in the area, alarmed a number of persons.

Q. Now, you issued that citation as a summary; not a misdemeanor disorderly conduct, correct?
A. Yes, that’s correct.
Q. But you said you had warned the defendant. Can you describe to the Court what you did to warn the defendant from this behavior?
A. Yes. I was traveling southbound on Main Street approaching Reliance Road. Our police station is approximately three blocks from that location. I left the police station; and as soon as I left the police station, I observed up in that intersection a very good line of sight that traffic was all backed up and there appeared to be some type of problem at that intersection.

Q. How far away were you?
A. About two or three blocks. As I got closer, it appeared that there may have been a traffic accident. And as I got closer yet, I saw that there was a large orange truck, nice clean truck which I am familiar with the company. It’s a company affiliated with Landis Block Company which is right outside of our town.

Q. Describe that truck and where it was.
A. Initially, when I was further back soon after I pulled cut of the police station that truck was heading east into the intersection from Reliance Road; and then as I approached and arrived on che scene, the truck had pulled right around the come and was on south Main Street, right on the -- riqh on the intersection.

Q. You say right on the intersection -- in the intersection between the two?
A. Just off the intersection, along the street there, but it is a no parking zone and the traffic is very tight there. It was and it worsened the traffic problem. Fortunately, all the traffic in front of me made either right or left-hand turns which enabled me to get up into the intersection. As I was probably a half a block away, I saw Mr. Landis get out of the truck and go down to

Q. You actually saw him exit the vehicle?
A. I saw him get cut of the truck. Immediately saw him enter into an argument or a shouting match with a motorist that was parked in the line of traffic at the traffic light.

Q. Heading what direction in relationship to the t muck?
A. That would have been opposite heading north on Main Street. The traffic was blocked up. I believe Mr. Dran was pretty accurate when he said there was about ten cars there. I believe the car were backed up, ten to twelve in length. There was a man

Q. What was blocking those ten cars?
A. At that - - on that side of the road, only the red light. However, there was traffic that was blocked up all around due to the truck being parked where it was. It slowed everything down. The southbound traffic did not get through. Northbound traffic was blocked up. Everybody was slowing down to look at what was going on, and the other traffic was also blocked up.

Q. When you came on the scene then, did you feel the need to ask the defendant to move his truck?
A. Actually, I had to ask the defendant to move himself. He had stepped out into the traffic.

Q. But did you -- did you feel that the truck also needed to be moved?
A. Initially, yes.

Q. Did you express that to the defendant?
A. At some point I believe I did.


Q. But - -
A. I am not positive at which point in the incident it was.

Q. But it was done?
A. It was done, yes.

Q. So prior to getting to that point, though, yet just stated that you asked the defendant himself to move. Why did you do that?
A. Well, as I mentioned everything, was all blocked up. The traffic was all tied up at the intersection. Mr. Landis was himself blocking traffic standing in the road. Nobody could get through him.

Q. Could you describe what you mean by that? There were vehicles actually getting through intersection?
A. Yes. There is -- going northbound on Main Street it is a straight ahead lane and a left turn lane. He was walking in the left turn lane which kept traffic from being able to pass through if they wanted to make a left-hand turn. The truck was parked in the southbound side, which is a no parking zone, which only enabled - - well, the northbound traffic would have to move over a little bit in order to let the southbound traffic get passed the truck. He is standing in the intersection - - standing in the roadway, not directly in the intersection, but up further and he is yelling and screaming at a man that was parked in the northbound traffic. They are having a verbal argument. The man was in his car. I was never able to identify that person. But Mr. Landis is standing in the road at this point facing south, his back towards me, yelling. His arms are in the air, shouting and screaming at this man. He is walking backwards towards where I am coming approaching him. As I get close to Mr. Landis, he turns around. I am creeping. I am moving very slow. I am getting up as close as I can. At this point, he turns around and he sees my car there, starts yelling and screaming at me saying, you know, what the fuck, are you trying hit me. And he comes up to my driver’s window. As soon as he approached, he is yelling and screaming. I said to him, you better knock it - - I believe my almost exact words were, if you don’t knock it off right now, you will be arrested. At that point he says, well, you call the fucking cops, because I want the fucking cops here. simply replied, you got one; and I pulled off to the side of the road. At that point, Mr. Landis - - I pulled up in front of the truck, up on to the sidewalk as close or up to the sidewalk to not block traffic any worse; and as I am walking up, he approaches me a second time. This is about the time that I meet Mr. Dran and Miss Allsop.

Q. Were you in or out of your vehicle?
A. At this point, I am out.

Q. All right.
A. And Miss Allsop says to me something to the effect - -
MR. HOFFMAN: Objection, Your Honor, hearsay. She was here to testify.

THE COURT: Is that - - I did not know it is hearsay.

MR. HOFFMAN: I understand. would argue it’s just in any event he is on the scene of an accident.

MR. SWAINSTON: It is not

THE COURT: It is not offered for the truth.

MR. SWAINSTON: - - offered - -

MR. HOFFMAN: All right.
THE COURT: Of course not. Go ahead.
THE WITNESS: She made a statement something to the effect, boy, I’m glad you’re here. I could see in her face and I could see in Mr. Dran’s they were alarmed. They were upset with what was going on. I could see this is a main intersection, people were stopped, they were looking out of their cars. There’s several residents - - people came out of the residence. It drew - - it was a major disturbance.

BY MR. SWAINSTON:

Q. How did they know that you were a police officer?
A. At that time, around that same time I approached and Mr. Landis approached me again and he said, if you are a cop, I want to see some I.D. There’s profanity mixed in with that at which time I was already pulling my wallet - - my badge wallet out from my pocket and pinning my badge on to my coat which displayed - -

Q. Detective, you are an officer you testified before, right?
A. Yes.

Q. You said there’s profanity involved in that conversation. Describe for the Court exactly what he said, if you remember?
A. The exact words I cannot tell you, but the word “fuck” was used many times. Dam, fuck, of course, stood out. There was children in the area. I got very firm with him. I told him, I am telling you right now, knock it off, or you are going to be arrested. When I meant being arrested, I meant being taken in to actual physical custody because of his conduct around everybody. After he realized that I was a police officer, then he did finally settle down an~ began to vent about the way the traffic patterns are and how difficult it is for him to maneuver truck around the intersection. I simply told him - - I said I lived in that community all of my life. I know how bad the traffic can be, but this is not a time to stand out in the middle of a public place with children and other people using profanity to express your views and that was stated to him. I told him at the time he was going to be receiving a citation because of his disorderly conduct.

Q. So did you not arrest him on the scene then?
A. No. I could have and I believe his conduct certainly went beyond the summary level. I believe it was definitely misdemeanor level, and I could have taken him into custody and removed his truck. We chose not to do that simply to get the intersection cleared and get him moved on.

MR. HOFFMAN: I am going to object to the legal conclusion that the witness is drawing.
THE COURT: All right.
BY MR. SWAINSTON:
Q. What happened then?
A. All right. At that time, I had my cell phone
with me. I contacted our patrol officers who were on duty. I had them respond. I simply told them was at the scene of an accident. There was a disorderly subject and I needed their assistance right away. They came. They - - at this time, the officers arrived almost simultaneously. I learned at that time - - that at the same time the officers - - the patrol officers did that Mr. Landis was not even involved in the accident, that it was solely Mr. Dran and Mrs. Allsop and he had no reason to be there. He was in front of the accident. Simply got out of - - his conduct had nothing to do with the accident. He was just upset about other things.




Q. Would you describe any of the conversations that you had with the defendant? Did the subject ever relate to the welfare of the two individuals in the accident?
A. Not to me, no. I know from talking to Mrs. Allsop that he asked about them, but there was nothing indicated in my presence.

Q. How many warnings did you give the defendant to cease this behavior?
A. I warned him at the car initially my first contact with him. I warned him a second time and then I warned him at least a third time to settle down and stop being disruptive.

Q. How many other people on the scene whether it be in the vehicles or outside of the vehicles were there?
A. I would guess there’s 15, conservatively stating that there was 15 to 20 vehicles in the intersection from all directions. It was a warm day. The windows were down. There were people who came out of their houses nearby. The parking lot, which is right at that intersection where we stood, the business -- people were in and out of that business. I did note that there were several young teenagers or even younger children who appeared at the intersection drawn to the yelling and screaming that was going on. In addition to, of course, Mr. Dran and Mrs. Allsop who were already there am Mr. Dran’s young daughter who were present during the whole incident.

Q. Did the defendant eventually cease that behavior that you described?
A. He quieted down. He did not cease the swearing. I would say he was still agitated, but it was more refined and that he slowed down and then I - - after he was calmed down, I actually left and the other officers appeared at the scene. Mr. Landis left with his truck.

Q. So he was sent on his way - -
A. Yes.

Q. - - and received a summons.
A. Yes. And the summons was sent to him by mail.

Q. You brought pictures, I see?

MR. SWAINSTON: May I approach, Your Honor.

THE WITNESS: I had prepared exhibits. We had a leak in our evidence vault which made them unusable.
BY MR. SWAINSTON:
Q. And what do these pictures purport to be?
A. Those Polaroid photographs are simply taken of the intersection where this incident occurred. This is the intersection of Main Street and Reliance Road, basically, from all the directions.

Q. Can you pick one of these pictures and pull one out for the Court to get an idea of what the intersection looks like?
A. Probably will depict the best.

MR. SWAINSTON: Can I have thi.s marked as C—2.

(Polaroid Photograph marked as
Commonwealth’s Exhibit C-2, for identification.)

MR. SWAINSTON: Your Honor, I don’t believe there’s an objection. I would ask to publish this photo just as a demonstrative aid to the Court. Thank you, Your Honor.

BY MR. SWAINSTON:
Q. Officer, can you describe that photo that the Judge is looking at right now?
A. Yes, that’s this intersection of Main Street and Reliance Road looking from the north to the
south down Main Street. To the right, Your Honor, on that photo where the businesses are located is primarily where the incidents took place.

Q. And that photograph depicts a fair and accurate representation - -
A. Yes.

Q. - - of that intersection as it existed on the date in April?
A. Yes, it does.

MR. SWAINSTON: Your Honor, I would ask for admission of C-1 and C-2. I have no further questions of this detective.

MR. HOFFMAN: No objection.

THE COURT: They are admitted.
(Exhibits C-1 and C-2, received into evidence.)

CROSS - - EXAMINATION

BY MR. HOFFMAN:
Q. Officer, do you know what the defendant was upset about?
A. He was upset about he cannot make the turn for truck.


Q. Why could he not make the turn?
A. I don’t know. I believe he told me that somebody was pulled up beyond the turn mark. I didn’t witness that and I certainly believe what he said. It is a problem that happens at most intersections.

Q. Okay. And he drives a large truck?
A. I would say it’s a large truck. It is not a fifty foot trailer.

Q. I don’t mean eighteen wheeler?
A. Yes.

Q. He drives a significant vehicle?
A. Yes.

Q. And did he tell you he has this problem and you say you are aware of this problem?
A. Yes.

Q. Okay. So who -- and there was an accident caused as a result. Is that your understanding as well?
A. There’s an accident at the same time, whether it had, you know, again, I didn’t witness the accident; but from what I learned from Mrs. Allsop and Mr. Dran, yes, he was making - - trying to make the turn and Mr. Dran drove into the car.

Q. Okay.
A. Because she had to stop.
Q. Did you observe him at any time angry with Mrs. Alisop or Mr. Dran?
A. No, not at all.

Q. And who he was waving his arms at or whatever, his activity was related to was the vehicle who was up above that strip?
A. No, that’s not what I observed.

Q. All right. What did you observe?
A. I observed him having an argument with a guy who was about seven, eight, ten cars in the back line of traffic.

Q. Okay.
A. That had nothing to do with him not being able to get around the turn.

Q. All right. So you don’t know what happened - - you don’t know what that was about?
A. With the argument that I witnessed?

Q. Yes.
A. It was just shouting. The man said to him something - - I heard the man in traffic yell something about moving the truck, you are blocking traffic up. At which time he responded by yelling, shouting back to him.



Q. Now, do you know why he stopped his truck and left it there? I am talking about before you arrived on the scene.
A. Not particularly, no.

Q. Did he tell you that he thought that his vehicle was struck, too, or that he was involved in an accident?
A. He may have said that, I don’t know. I initially thought he was involved in an accident. I didn’t know until later that he wasn’t, so he may have said that, yes.

Q. So it was reasonable to assume that he was involved in an accident on his part and your part?
A. Yes.

Q. And it would be correct not to move your vehicle if you were involved in an accident, would it not, especially a commercial vehicle?
A. He did move the vehicle, though. He did. He moved it around the turn and he parked it where it obstructed the traffic even more.

Q. I mean, removed your vehicle from the scene?
A. (No response.)

Q. In other words, to leave the scene of an accident?
A. Yes. No, that would be improper, certainly.


Q. So if he were involved in an accident or if he thought he was involved in an accident, his behavior was not only legal but required, that is to leave the truck there?
A. Yes. But that had nothing to do with the disorderly conduct citation that he was cited for.

Q. I am not - - I’m just asking you this one question now. Would you agree with me that it would be appropriate for him to leave the truck there?
A. If he was in an accident, to stop and move hi2 truck and get out and exchange information, certainly.

Q. All right. So now, you come upon to the scene. He is not even out of his vehicle yet; is that correct?
A. Yes.

Q. You see him get out of the vehicle?
A. I see him get out of the vehicle.

Q. How long of a time elapsed between the time when you saw him get out of his vehicle until you arrived at the scene?
A. I would say it was within a block or two. I was driving probably 30 seconds.

Q. Okay. About 30 seconds?
A. Yes.




Q. So that’s when you saw this behavior going on; is that right?
A. It continued. As I got closer to the intersection, it was going on. So I observed him for probably a minute acting disorderly.

Q. Okay. His back was towards you, as I understand?
A. Yes, it was.

Q. And you drove your car how close to him?
A. I would say I creeped up. I was moving up until about maybe five, eight feet. Then I stopped and he was moving back towards me. In fact, I thought he was going to walk into me. We were close but I saw him walking. I got up as close as I could to the incident without striking him.

Q. Let’s think about this. For whatever reason - - from his point of view, for whatever reason, either he is walking backwards or you are coming forward, there’s that feeling that he is going to be struck by a vehicle, both by him and by you. You were afraid you were going to hit him or he was going to walk into you.
A. No, I was not afraid I was going to hit him.

Q. You were afraid he was going to back up into the vehicle?
A. Exactly.

Q. You were that close?
A. He was not paying attention to what he was doing. He was walking towards me. I stopped.

Q. I understand that.
A. And I did not - -

Q. I understand your testimony. I am not trying to say that one way or the other. All I’m trying to say it would be reasonable from his point of view as he turns around and finds out he is within inches of a vehicle to think he was just going to be struck by a vehicle?
A. That’s possible, yes.

Q. Okay. Now, the vehicle is not marked. You have not identified yourself as police officer and there’s no way to identify yourself as a police officer; is that accurate?
A. That’s correct.

Q. He is upset. And you tell him two or three times to quiet down?
A. That’s correct.

Q. Then he quiets down?
A. Right.

Q. All right. Any further difficulty from him o anything like that?
A. He was agitated the whole entire time. After I finally laid it out for him that if you don’t knock it off right now, I am going to take you into custody. Then he finally settled down. I actually had one of the other officers talk to him while I talked to Mrs. Allsop and Mr. Dran.


Q. Okay. How long would you say - - how long a period of time elapsed from the time you identified yourself as a police officer until the time when, you know, he quieted down, so to speak?
A. A minute.

Q. Okay. So this all took place within a minute’s time?
A. No. That’s not right.

Q. After you identified yourself as a police officer, I mean?
A. Yes.

Q. What was his purpose in being there? I mean, was he - - he is a truck driver, he is on the road all of the time?
A. Right.

Q. And there was a motor vehicle accident which may or may not involved him. But in his mind we don’t know that yet. But is he - - there were no other police on the scene?
A. No, not at that time.

Q. And he was not wrong for not moving his vehicle from the scene if he was involved in an accident?
A. Right.

MR. HOFFMAN: Nothing further. Thank you.

MR. SWAINSTON: Thank you.

(Witness excused.)


MR. SWAINSTON: Your Honor, the
Commonwealth has no further evidence. The Commonwealth rests for the purpose of this hearing.

THE COURT: Very well.

MR. HOFFMAN: Your Honor, I call the defendant to the stand.

DEFENDANT’ S EVIDENCE

GARY LANDIS, after having been first duly sworn, was examined and testified as follows:

GARY LANDIS - - DIRECT
DIRECT EXAMINATION
BY MR. HOFFMAN:
Q. Mr. Landis, did you ever use profanity at the scene of this situation?
A. I had a reason not to.

Q. First answer me if you ever did?
A. No, I did not.

Q. And why would you - - why did you not - - what reason did you have not to?
A. Thirteen years ago I received a warning for making a stop line violation. The officer observed me sit a traffic light out three times.

MR. SWAINSTON: Your Honor, I will object to this. Anything regarding anything that happened three 13 years ago I don’t believe is relevant to what happened on April 19th of last year.

BY MR. HOFFMAN:
Q. My question is: You said you did not use profanity at the scene?
A. I did not.

Q. Tell us if that’s -- this - - you stated you did not use profanity at the scene. I ask you why? How do you know that?
A. I wanted to be a witness to this accident.

Q. Mr. Landis, is there any way you would have used profanity at the scene of this accident?
A. I’m not a perfect person. I could but not in this instance. I am a Christian. I made a promise to myself not to use profanity in public.

Q. Okay. You were trying to make a right - hand turn. What prevented you from making a right -hand turn?
A. A vehicle that crossed the stop line in front of me, I had to wait for him to back up.

Q. Okay. So your vehicle came to a stop and there was a motor vehicle accident. Did you feel you were involved in the accident?
A. I thought I was struck from behind, the car was so close behind me.

Q. So what, if anything, did you do at that point?
A. I wanted to testify as a witness that the man who crossed the stop line caused the accident.



Q. Okay. The man who crossed the stop sign which was not Mrs. Allsop or not Mr. Van Dran; is that correct?
A. No. This was another individual who was approaching a red light and failed to stop in an appropriate place at the intersection for the large vehicle to clear the turn.

Q. Okay. So he was the man that was preventing you from completing your turn. Was that man still at the scene?
A. Yes, he was. I asserted myself to have him stay at the scene.

Q. All right. That’s the person who you were in contact with or talking to when the detective came upon the scene?
A. No. The detective had to be further back. He may have observed me talking to that individual. I had still not moved my truck off from the scene off to park it to the side of the road. At that point nobody was there.

Q. All right. So you were in your own mind involved in a motor vehicle accident. There was a vehicle that you -- a driver of a vehicle who you felt was a probable cause involved in this accident and you wanted to get that man’s identity?
A. Yes, I did.

Q. Your back is to the approaching traffic including the detective?
A. After I cleared the intersection with my vehicle to allow traffic to move past, I exited my vehicle to go back and help the individual who I just asserted to stay at the scene. I was walking in that direction when from over my shoulder I heard harassment and profanity coming in my direction.

Q. From whom?
A. This was the vehicle - - it would be the third car in line. We had the man that crossed the stop line, we had another vehicle in between and there was this guy in this pickup truck who I recognized to have cursed at me on another occasion.

Q. And he was the one yelling and cursing?
A. Again.

Q. At you?
A. Yes.

Q. Because - -
A. And the man that crossed the stop line who was not moving his vehicle because I told him to stay put until the authorities so that he could exchange information with the people who just had the accident.

Q. What happens next?
A. Well, when I heard the profanity and the harassment coming from in my direction, I took a couple of steps back in the middle of the road; and from my firefighter training, I recognized that if I stayed close to the cars I would be a hazard. Somebody could try and slide by between the truck and the traffic. I took two steps back to get in the center of the traffic, so that I wouldn’t be a threatened. So I turned to the individual and I yelled at him, so that he would stop yelling at me and the other people.

Q. All right. And Detective Floyd’s car comes from where?
A. He comes from behind me. At this time I had my back towards the direction of traffic.

Q. That’s what I am trying to get to. And did you recognize Detective Floyd as police officer?
A. Not at all.

Q. What did you think rightly or wrongly was going to happen when Detective Floyd’s vehicle was approaching you from the back?
A. I thought Detective Floyd was another motoris that was trying to get through and was interfered with in his progress of day to day routine. As a truck driver, I suffer harassment from that direction many times.

Q. Okay. And when Officer - - Detective Floyd identified himself as a police officer, what, if anything, did you do?
A. That was awhile later. When Officer Floyd first pulled up on the scene and he drove his car up behind me, I had only put my foot back to turn around as a pivot maneuver not to walk backwards; and when the lady in between - - the guy that was harassing him for profanity and the guy that was crossing this stop line, she warned me about Officer Floyd’s approach.

Q. Like watch out?
A. Yeah, hey, watch out.



Q. All right. And so what, if anything, did you do at that point?
A. Well, I turned around and squared up on Officer Floyd’s car to realize that he was so close I could kneel on his bumper.

Q. You had been walking backwards?
A. Not at all. I just pivoted.

Q. When Officer - - when Detective Floyd identified himself as a police officer, did you stop talking to him as though he was an outsider on the scene?
A. Well, he didn’t offer himself as a police officer. In fact, I wasn’t - - I calmed down and I cooperated with him immediately once I saw his badge. He offered his badge and he offered it to everybody else and nobody wanted to see his badge. I said, yes, I want to see the badge. I didn’t use profanity then. I asked to see his badge because I couldn’t believe that he was a police officer when he approached me. He never used his four ways, his headlights, his horns, the things that professional drivers is supposed to do when approaching a situation.

Q. What was your intention, the intention of you activities on the scene?
A. I wanted to remain on the scene. I wanted to be a witness to the guy. I wanted to give a statement to the police and get on my way. I just wanted to tell him, hey, the guy that crossed the stop line I felt he was the primary cause of how this accident enveloped, that the state needs to move those lines back a little further and then they need to enforce people staying behind those lines.

Q. Okay.
A. I had the intersection cleared if everybody would have parked where they were supposed to. I would have been able to get that particular truck through the intersection. It is tight.

Q. How long have you been driving a truck?
A. Fifteen years.

MR. HOFFMAN: I have nothing further.

CROSS - - EXAMINATION

BY MR. SWAINSTON:

Q. Mr. Landis, you testified just a few moments ago, it’s fresh in my memory, I will ask you abouE that first. You testified a few moments ago that as soon as you saw Detective Floyd’s badge you calmed down; is that correct?
A. I was calm with anybody who was calm with me.

Q. Just answer my question. You testified a few minutes ago that as soon as you saw Detective Floyd’s badge you calmed down?
A. I would say I was calm even before I saw Detective Floyd’s badge.

Q. That’s not my question and we will try it one more time. You testified a few moments ago when your lawyer asked you the question as soon as you saw Detective Floyd’s badge, you testified in front of His Honor that you calmed down, correct or not correct? We can read it back.
A. Yes, I was upset, and - - but I was calm.

Q. All right.
A. Even at the scene, Detective Floyd - - when he offered his badge, I had already calmed down. It wasn’t a matter that I was out of control the whole time. There was only two people that I was assertive with.

Q. I understand that. But I am just talking about what you testified to a few minutes ago. We will move on now. Is that okay?
A. Yes.

Q. Now, when you testified just a few moment ago that after you saw his badge you calmed down. What did you calm down from?
A. I was upset from hearing the profanity from the individual who was harassing me.

Q. That’s the guy in the pickup truck, right?
A. And also from Detective Floyd yelling at me for almost walking backwards into his car and wondering why I was standing in the middle of the street yelling.

Q. Okay. You did not testify on direct that Detective Floyd used any profanity to you, did you.
A. I never said Detective Floyd used profanity.

Q. But you were upset because you say you had two people yelling at you?
A. Detective Floyd and the individual in the pickup truck.
Q. Let’s talk about the guy in the pickup truck for a minute. You said that that guy used some profanity at you. He did use some profanity at you, right?
A. He used all kinds of profanity, yes.

Q. Tell us what he said.
A. Said that I was to tell the - - I don’t like t use profanity, sir.

Q. Now, this is a court of law, sir? You will have to tell us what he told you if I ask you that question, so tell us what he told you?
A. He said tell the fucking old guy to get his car moving. Tell that guy to get out of the intersection. Tell that fucking old man to go.

Q. Okay. And who was he referring to? You?
A. He was referring to the man that crossed the stop line that I told to stay put?

Q. That’s the guy who you were concerned about causing that accident or who you - -
A. Correct.

Q. - - thought might have caused that accident, correct?
A. Correct.

Q. And that individual was driving what kind of car? Do you recall?
A. I believe it was a Lincoln.

Q. Did that man use any profanity at you?
A. No, he didn’t.

Q. No. But you were upset with him because you thought he caused an accident?
A. Yes, I was.

Q. And, in fact, you were upset with him because you thought that he caused an accident that you were involved in, correct? Because at this point you did not know you were not involved in the accident?
A. That’s correct.

Q. You testified that you thought that Detective Floyd - - his demeanor in telling you to stop or get out of the intersection or whatever it was he said, you said that you felt he was suffering from the same kind of interference, the day-to-day interference that people suffer on daily routine? Is that what you testified to or something like that?
A. I have noticed that in my 15 years of driving a truck, that people are getting more and more irate with large vehicles that seem to be in their way.

Q. Okay. And you testified that after that, after you - - after you showed a concern for the interruption of Detective Floyd’s day-to-day routine, you testified that as a driver of a truck of 15 years that you are used to having your day-to-day routine interfered with by other drivers; is that correct?
A. Me, personally, I just go out there and drive. I am - - whether I am used to it or it is what I get paid to do, drive safely and slowly.



Q. Well, once again, that’s not the question that I asked you. I asked you you testified earlier that as a truck driver of 15 years you are used to your day-to-day routine being interrupted by other drivers, correct or not correct?

MR. HOFFMAN: Your Honor, I think that’s a mischaracterization of what he said.

THE COURT: Let him say so.

MR. HOFFMAN: All right.

THE WITNESS: But it works - - he can say that. I can say that is true because the guy that crossed the stop line in front of me it is a commonplace occurrence where I have to stop the truck and wait for people to back up.

BY MR. SWAINSTON:

Q. So that guy interrupted your day-to-day routine on that particular day, correct, on April 19th?
A. That’s the fourth or fifth time that day.

Q. Fourth or fifth time that day, that very day?
A. Not by that same individual, but by other motorists.

Q. You must have been frustrated by that point, this was the fourth or fifth time your day-to-day routine had been interrupted by other drivers?
A. But that doesn’t mean I am going to blow my top and use profanity when I don’t normally use profanity.
Q. And you don’t use profanity, if I am correct, because on this particular day you testified that you had a reason not to; is that correct? You testified that you had a reason not to?
A. Yes, that’s correct.

Q. Okay. And you testified that you are not a perfect person, correct?
A. I’m not.

Q. And when we were talking about the use of profanity you said, I’m not a perfect person and that you are a Christian? Is that what you testified to?
A. That’s correct.

Q. Okay. And is it because you are a Christian, Mr. Landis, that you choose not to use profanity?
A. It was a decision I made as a child a long time ago.

Q. As a child.
A. I have lived up to that promise to myself and everybody at work will tell you I don’t curse and they never heard me curse. In fact, my previous employers would tell you that. Previous people that I have worked with. It is rare to hear me curse.

Q. I’m sure it is. I am sure it is rare. But on this particular day, you were upset, weren’t you?
A. Not so much with the incident. I wanted to be a witness to what had happened because of the incident that happened 13 years ago.


Q. And as a Christian, have you also promised yourself to tell the truth?
A. I do tell the truth, yes.

Q. Do you think or do you want this Court to believe that the two witnesses that were called to testify about the events that took place lied to the Court?
A. The two witnesses, which two?

Q. We’re talking about Mr. Dran and Miss Allsop, the two witnesses right here?
A. I would say that some of their testimony was misconstrued.

Q. Okay. So when they testified that you used words like fuck, dam, et cetera that they were lying?
A. They may have been confused by the profanity heard from the other person. They testified they first heard me - - that I first got out of the truck and had the interaction with the person in the pickup truck.

Q. That’s not my question. They testified and they pointed to you and they used your name and they said that you used those words. Are they lying or are they not?
A. They are lying.

Q. Do you know them?
A. No, I don’t.

Q. Have you ever met them before?
A. No.

MR. SWAINSTON: I have nothing further.

THE COURT: Any redirect?

MR. HOFFMAN: Yes, sir.

REDIRECT EXAMINATION

BY MR. HOFFMAN:

Q. Mr. Landis, you are saying they are intentionally telling an untruth or you use the word misconstrued before or mistake?
A. I believe they are making an honest mistake. Mr. Dran never said that I used profanity here. Mrs. Allsop did, but Mr. Floyd, that’s a different story.

Q. All right.

MR. HOFFMAN: I have nothing further, sir.

THE COURT: What’s a different story?

THE WITNESS: The way he talks about my profanity. I think he is deliberately telling a lie.

THE COURT: All right. Step down.

(Witness excused.)

MR. SWAINSTON: Your Honor, I have one question of Detective Floyd on redirect.

THE COURT: All right. This is in the nature of rebuttal?

MR. SWAINSTON: Yes, Your Honor, on rebuttal.

COMMONWEALTH’S REBUTTAL EVIDENCE

RANDOLPH SCOTT FLOYD, having been duly sworn previously, recalled for further testimony, was examined and testified as follows:


RANDOLPH SCOTT FLOYD - - DIRECT/REBUTTAL

DIRECT EXAMINATION

BY MR. SWAINSTON:

Q. Detective Floyd, after all of this conduct took place after you instructed the defendant to calm down, after you identified yourself as a detective, did the defendant ever express any concern whatsoever with the other driver that he talked about on his direct testimony with his attorney?
A. He said there was a problem with the guy crossing the stop line, never indicated that the guy had stopped there at the scene. I had never seen anybody. He never pointed anybody out to me, no, whatsoever.

Q. Did he have an opportunity to do so?
A. Certainly. I was standing there talking to him. And, you know, he had more than plenty of opportunity to tell me that there’s never anybody pointed out or indicated to me at all.

MR. SWAINSTON: Thank you. Nothing further.










CROSS -EXAMINATION

BY MR. HOFFMAN:
Q. Well, Detective, how did you become aware he was concerned about this fellow who crossed the stop sign?
A. After he calmed down a little bit, he started to tell me about the problems with the stop line and all of this and the problems that he has all of the time driving, people crossing the stop line.

Q. All right.
A. That’s when I told him -- as I testified earlier, I told him that’s fine. I have problems with the traffic, too. But you can’t stand out in the middle of Main Street at rush hour and make a spectacle of yourself over it.

Q. But you said he had an opportunity to talk to you about this guy that had done this or in his mind caused this accident?
A. Yes, yes. In fact, he talked to two other officers as well.

Q. So he was talking to everybody about it.
A. No, no, no. I am saying he had the opportunity to tell them more. There was nobody -he did not say to me the guy in that Lincoln Town Car there is the guy who caused this accident. There was nobody ever identified.

Q. Was that car still there? Do you know?
A. I didn’t see a car, and he didn't say anything. This is the first I learned that it was even a Lincoln.
Q. All right. But he did discuss it with you at the scene; and to your knowledge, he did discuss it with other officers at the scene?
A. Not specifically. Only that somebody had crossed the line and that’s what he was upset about.

MR. HOFFMAN: Nothing further, sir.

THE COURT: All right.

(Witness excused.)


THE COURT: Do you want to say anything in closing?

(Closing argument by
Mr. Hoffman.)
(Closing argument by
Mr. Swainston.)

*((Omitted text needs to be inserted here...))*

THE COURT: What’s the maximum fine here?

MR. SWAINSTON: Three hundred dollars.

THE COURT: The Court finds the Commonwealth has established beyond a reasonable doubt that the defendant, Gary James Landis, committed the crime of summary offense rather disorderly conduct by engaging in tumultuous behavior making unreasonable noise, using obscene language and he created a hazardous or offensive condition by his acts on that occasion. He is sentenced to pay a fine of three hundred dollars and costs.

(At 3:25 p.m., the proceedingswere concluded.)







CERTIFICATION





I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me in the above cause and that this is a correct transcript of che same.






Paula D. Meszaros
Official Court Reporter





Received and directed to be filed this


day of 2002.




THE HONORABLE LAWRENCE A. BROWN

*((text))* added by GJL



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Title Page of My ebook --- - Freedom of Speech and Religion, an International Crime for the most minor offense that another person can commit!

*Other Links:

• Two Key points about the County Court Transcript



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• Court Case Denied


• Time Lines and convergence of separate events


• Letters and Receipts as evidence and facts for and in Federal Court


• An Open Letter

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