(Testimony of Gerald Lynn Hill)
Mr. Hill.
started making statements about "I want a lawyer. I know my rights. Typical police brutality. Why are you doing this to me."
And as we continued to move him down the aisle out to the aisle dividing the two sections, out into the lobby of the theatre, he began yelling words similar to, "Typical police brutality."
And once we got actually outside the door of the theatre, from there to the period of time that we got to the car, with all the crowd and commotion and all, I don't recall any further statements of his until we got in the car.
Mr. BELIN. All right, let me stop there before you testify about getting into the car. Do you have anything else to add to the statement prior to getting into the car?
Mr. Hill.
Not that I can recall.
Mr. Belin.
Did you hear the suspect say anything while you were trying to subdue him, or, "I am not resisting arrest?"
Mr. Hill.
No; I don't recall a statement to that effect.
Mr. Belin.
Did you hear any officer say anything to the suspect?
Mr. Hill.
About the time we got him subdued and handcuffed, I know that Hutson asked me about did I hear the gun click.
Hutson was the one that was behind him and was pulling him backward, off balance. He was probably, as near as I could determine from the position, was probably the second officer to him.
In other words, McDonald made the initial contact, and then Hutson and then probably Walker and Hawkins with Walker, and then Hawkins, in that order, getting into the scuffle attempting to subdue him and keep him from using the gun.
Mr. Belin.
What did you reply to this question?
Mr. Hill.
I told him no. Because apparently this had happened in the interim from the time of the first yell until I got there, and with the scuffling of feet, unless you would be fight at it, I don't know that you would hear it.
Mr. Belin.
Did you hit the suspect at all?
Mr. Hill.
No; I did not.
Mr. Belin.
Did anyone else hit the suspect?
Mr. Hill.
No one that I know of. When we got him subdued, he had a small laceration on the left eyebrow, and what appeared to be a bruise on the upper-left eyebrow and down along his check, .but an actual lick, to see this done, I did not see.
Mr. Belin.
Did you hear any police officer make any remark such as "Kill a policeman, will you," or something along that line?
Mr. Hill.
No, sir; not at this point I didn't. There was a--you want
Mr. Belin.
Let's stop there before we get in the ear.
Mr. Hill.
There were some statements made in the ear similar to this, in talking about killing a policeman, but I didn't hear any at the time in the theatre or from the theatre to the car.
Mr. Belin.
I want to try to cut off this thing in segments. Did you hear any policeman make any other statements to him during this scuffle?
Mr. Hill.
No; everybody was saying, "Look out," and "Get this arm," or "Watch that leg," or "Make sure you've got a good hold on him."
But as far as any direct quotes to the suspect, or him being called anything such as a cop killer or statements that you have killed a police officer, you have killed a cop, or anything of that type, I did not hear any.
Mr. Belin.
Did you see the suspect hitting any police officer?
Mr. Hill.
Did I see the suspect hitting a police officer?
Mr. Belin.
Yes.
Mr. Hill.
No, sir; I did not. I saw his left arm flying about wildly about the time when I got there. That is what I latched on to, but I didn't actually identify any direct blows.
Mr. Belin.
Did you see any movements of the suspect other than the left arm flailing?
Mr. Hill.
He was fighting and turning and making an attempt to free himself of the hold that the officers had on him. As to actually hitting anybody or to actually seeing the suspect with a gun in his hand, I did not.
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