Jeremy had sat up stiffly, Ricky noticed, when his uncle’s name was called. He must not have known I was being called as a witness, Ricky thought.
He walked to the witness stand at the judge’s right, and the bailiff approached him.
“Please raise your right hand,” the bailiff said. “Do you swear to tell the truth, the whole truth, and nothing but the truth?”
“I do,” Ricky said and sat down in his chair, adjusting the microphone to his level.
“Please state your full name for the record,” Geoff said from the podium.
“Richard Jeremy Heston.”
“Thank you, Mr. Heston. Can you please tell us how you’re related to the defendant?”
“I’m his uncle. He’s my brother’s son.”
Good, Ricky thought. Stay cool.
“Would you say you’ve been involved in the defendant’s life?”
“Yes, for the most part.”
“What sort of activities would you and your nephew partake in?”
“Mostly sporting events. We’ve been to a lot of Nuggets games, Broncos games, and like to golf as well.”
“Would one of those sports be recreational shooting?”
God damn it.
“Yes, sir.”
“How often did you go shooting with your nephew?”
“We’ve been to the shooting range a couple times together and hunting at least once a year for quite a while.”
“When was the last time you were at a shooting range with your nephew?”
“It was toward the end of 2012, a little before Christmas.”
“And your last hunting trip with him?”
“Would’ve been the same year, in November.”
“Would you say your nephew was a good shot?”
“Objection, Your Honor!” Linda jumped out of her seat, startling Jeremy, who had become entranced at the sight of the uncle he hadn’t seen in years. “Speculation.”
“Sustained,” the judge barked.
Geoff returned to questioning. “Mr. Heston, can you tell us about your background with firearms?”
“I served in the Marines for ten years as a Gunner. I was responsible for conducting arms-based training.”
“So it’s safe to say you’re experienced with firearms?”
“Very much so.”
“Do you still have any firearms from your days with the Marines?”
Fuck.
“Yes, sir.”
“What kind?”
“I still have my M-16 and a couple of pistols.”
“Did you ever take your M-16 rifle to the shooting range with your nephew?”
“Yes, sir.”
“Did your nephew ever shoot your M-16?”
Ricky paused, not wanting to answer the question.
“Mr. Heston?”
“Yes, he has.”
“How many times did your nephew use your M-16?”
“Just once, at our last trip to the range.”
“At the range, you are shooting at a target. How many shots did your nephew successfully hit the target?”
“About half.”
“Not bad for his first time.”
Ricky shrugged his shoulders.
“Would you consider an AR-15 to be similar to an M-16?”
Ricky paused and put on his best thinking face. “They’re similar in build, but in terms of performance are fairly different.”
“Can you elaborate on those differences?”
“Yes. An M-16 is a fully automatic weapon. You can hold the trigger down and it keeps firing rounds until you let go. It’s also much more powerful than an AR-15. An AR-15 is a semiautomatic weapon, meaning you have to pull the trigger for each shot you want to take. In short, an M-16 is designed to kill people, and an AR-15 is a recreational firearm.”
Way to tiptoe around that question.
“Do you know the state of Colorado’s law for the maximum amount of rounds that can be loaded into a firearm?”
“Yes, sir. Ten.”
“Evidence shows that your nephew had not just one, but five magazines, each designed to hold not ten but thirty rounds. These are not sold in this state. Do you know how to obtain one of these magazines?”
“It’s like anything else—you can find them online or for sale on the black market.”
“How much time would it take for you to empty a magazine of thirty rounds with an AR-15?”
Ricky pursed his lips before answering. “Probably just under thirty seconds.”
“No further questions.” Geoff returned to his seat as Linda approached the podium.
“Good morning, Mr. Heston. I have just a few questions for you.”
Ricky nodded nervously.
“Did your nephew ever express an interest in rifles after he used your M-16?”
“Not to me.”
“When was the last time you saw your nephew in person?”
“I actually haven’t seen him since that last trip to the shooting range in 2012.”
“So a little under five years?”
“Correct.”
“It sounds like you and he were pretty close. Why the five-year hiatus?”
“I travel a lot for work. I’m usually gone at least two weeks each month. Once he graduated college and joined the real world he made his own friends and started living his life.”
“You didn’t even see him over the holidays?”
“I’m always on the road for major holidays, so no.”
“You ever speak to him on the phone?”
“A couple times, but mostly by text message, to talk about things happening in the sports world.”
“According to our records, your nephew never visited another shooting range since your last time with him. Did he ever mention anything about going back?”
“No.”
“In your professional opinion, is an AR-15 the sort of weapon that can simply be picked up and learned on the spot?”
“No.”
“Would it require a lot of practice to master?”
“Yes. The rule of thumb is that you need to fire at least a thousand rounds before you can fully learn your firearm.”
“And how many rounds did your nephew fire the day he used your M-16?”
“Only one magazine, so ten rounds.”
“No further questions. Thank you.”
Ricky didn’t know how long he hadn’t been breathing, but he let out a long exhale when Linda returned to her seat.
I’m home free.
“Mr. Heston, you are excused. Thank you for your testimony,” Judge Zamora said.
“Thank you,” he replied, before standing up to exit the witness box. Jeremy stared at him, trying to force eye contact, but Ricky’s eyes locked with Jeremy’s lips instead; he couldn’t bring himself to look his monster of a nephew in the eyes. Jeremy was the reason he could no longer go to his cabin, the reason for him moving all the way across the country this past year.
Jeremy, you stupid motherfucker.
Ricky walked out of the courtroom and decided to head to the airport right away.
23
Chapter 23
Wednesday, October 25, 2017
Day 3 of the trial
The first two days of the trial were filled with much repetitive testimony. Dozens of Open Hands sales reps were called to the stand, telling their story from the floor above the shooting. They each spoke of a sound like fireworks exploding beneath their feet. No, they didn’t hear any screams, just the repetitive firing of Jeremy’s rifle.
Someone from the H.R. department had barged onto the sales floor, screaming, “There’s a shooter downstairs! Get under a desk or lock yourself in a conference room!”
A couple sales reps had been on their way down the stairs when the attack started. “Run!” someone shouted, prompting the sales reps to turn around and get the fuck out. A group of fortunate survivors had gathered in the parking lot as the S.W.A.T. team arrived in two black armored trucks.
/> You’ve done something special when the S.W.A.T. team arrives, Jeremy thought. He had never considered how his shooting might have sounded on the sales floor above, but had a clear picture now that he heard from nearly every sales rep in the building that day. A few faces looked familiar, but most were coworkers he’d never actually met.
The S.W.A.T. members and other first responders also testified for the prosecution. They spoke of a “horror movie” scene when they entered the office to the sight of blood, intestines, and dead bodies everywhere.
One of the first police officers to arrive on site, Jordan Shepard, gave a heartbreaking testimony about saving Elayna Avery’s life.
“I walked in, saw at least two dozen bodies on the ground. It was impossible to know whether they were dead, wounded, or playing dead. In the far corner I saw the young man we believed to be the shooter. We already had him in cuffs by the time I entered. But on the other side of the office I saw a young blond woman on the ground shivering, and I ran to her.
“She had blood pouring from the top of her head and her eyes kept rolling back and forth while her lips tried to speak. I knew she probably had only a matter of minutes to live, so I picked her up, ran out of the building, and laid her in the backseat of my squad car.”
Officer Shepard paused, tears streaming down his face.
“I’ve never driven so fast in my life. I was going 150 down Arapahoe Road toward the hospital with my sirens blaring, and I could still hear her in the back seat gasping for air.
“‘Don’t die on me!’ I yelled. ‘Don’t fucking die on me!’
“I saved her life. I checked in with her every single day while she was in the hospital—for six months—recovering from the gunshot to her head.”
Officer Shepard broke into sobs.
“Thank you for your testimony, Officer Shepard,” Geoff said. “I know that was extremely difficult to relive.”
Linda declined to cross-examine the witness, leaving the heavy emotions to fill the courtroom. Jeremy was glad to hear Elayna had survived, and wondered if she’d make an appearance as a witness.
* * *
Once the emotional stories were finished, Jeremy looked forward to the testimony from his old friend and manager, Nicole. Her testimony wasn’t nearly as big a deal to the lawyers compared to other witnesses, but Jeremy wanted to know what she had to say.
She had always defended Jeremy, and knew the bullshit he had to climb through to try and impress Shelly. She also worked closely with Shelly and knew what really happened behind the scenes. What Jeremy really wanted to know was the truth as to why Shelly had made his career a living hell.
Now, he would hopefully find out.
“The prosecution calls Nicole Fisk,” Geoff Batchelor said.
Jeremy wanted desperately to turn in his chair, to look Nicole in the eyes as she walked to the witness box, but that would show his hand, considering he hadn’t done it for anyone else.
Instead he kept his stare fixed on the witness box and watched as Nicole’s skinny body passed through his vision, her golden hair flowing behind her, until she stood in the box with a thin arm elevated to swear in. He didn’t remember her being so skinny.
“Good morning, Ms. Fisk,” Geoff started. “Can you please tell us how you know the defendant?”
“Good morning. Yes. I worked with him during his entire time at Open Hands. We started as peers until I was eventually promoted and he started to work for me after his promotion.”
“You were his direct manager?”
“Yes. He also worked closely with me as a sort of confidant once he became a team lead.”
“Can you explain the hierarchy of your department for the jury, please?”
“When you start with the customer service department, regardless of which individual team you’re on, you begin as a representative. The next level from there is a team lead, where you are given more responsibility. After that is the manager role, which I was and currently still am.” Nicole spoke in her usual squeaky voice, but Jeremy could tell she was nervous by the way she fidgeted with her fingers. If he could see her legs, they’d probably be bouncing out of control. She, too, was avoiding eye contact with him.
“Thank you. Were you involved in the decisions regarding the defendant’s potential promotions?”
“My opinion was sought out, but I had no say in the final decision.”
“And who did?”
“Shelly Williams.”
“And where did Mrs. Williams fit into the hierarchy of roles?”
“She was at the director level, above me. I reported to her directly.”
“I want to talk about the first promotion the defendant applied for. I believe that was the position of head trainer for your department, is that correct?”
“Yes.”
“Will you tell us about that interview process? What all did it entail?”
“Jeremy had a brief and informal first-round interview with Shelly. Every other candidate had to interview in full with Shelly and other managers from our department, but she decided to just give him a casual interview with her since he was already working as our unofficial trainer at the time.
“After that, the second round consisted of a training presentation and panel interview with all the managers of our department.”
“What sort of training presentation did the defendant have to prepare?”
“It was open topic. He just had to lead a training for the managers on a topic of his choice.”
“And that topic was?”
“How to play poker.”
Nicole looked at the ground after this last statement and her face flushed.
“And how did he do?”
“I thought he did very well. It was a fun session and very informative.”
“You mentioned the defendant had already been doing the job. Why have him interview and go through this process?”
“I honestly don’t know. That wasn’t my decision.”
“Whose decision was it?”
“Shelly’s.”
“How long had the defendant been working directly under you at this point in time?”
She scrunched her face in thought. “I believe it was close to two years.”
“As he was then reporting to you, did you assist him in his pursuit of the promotion?”
“I always put in a good word for him. He did terrific work day in and day out. He was a resource for our team and an all around asset to the company.”
Nicole, always standing up for me, even after all this, Jeremy thought.
“Were you bothered that he didn’t receive the promotion?”
“Yes, I was. I knew how badly he wanted it and how hard he had worked for it. It was hard to see him denied that opportunity.”
“In your opinion, should he have received that job?”
“Yes. We took a group vote after his presentation, just us managers, and I absolutely voted yes.”
“How long after the interview was the news delivered to the defendant that he would not be receiving the promotion?”
“It was the end of that same week. On Friday.”
“And how did he react?”
“He was bothered, like anyone would be. I encouraged him to take an extended lunch break that day.”
“How was his work performance after this decision?”
“It suffered for a couple weeks, but Jeremy bounced back. I knew it was a big blow for him after working so hard.”
“Did he ever show any signs of violence?”
“No.”
“Any signs of hatred toward Shelly?”
“Hatred? No. He definitely wasn’t pleased with Shelly, but nothing hateful was ever said.”
“What can you tell me about the second job he was denied for?”
“It was for my job. I was offered an opportunity to manage our billing team and accepted, leaving my position vacant.”
“Were you involved in hiring your replacement?”
“On
ly in leaving a recommendation for who should replace me, and I chose Jeremy.”
“Did you know Jeremy would be rejected after your referral?”
Nicole hesitated and now locked eyes with Jeremy. He could sense that she wished she had come clean with him from the start.
“Yes. Shelly told me Jeremy wouldn’t be considered.”
“Did she give you any reasons why?”
“All she said was that he wasn’t ready to manage a team.”
“Did you tell Jeremy this, or did he find out from Shelly later?”
“I didn’t tell him anything.”
“Do you have any knowledge of his performance after this rejection?”
“I don’t. I was already in my new department by the time the news was delivered.”
“Did you still work with Shelly?”
“Not really. I stayed on the same floor, just around the corner from my old team, but I had a new director to report to and only saw Shelly in passing.”
“It’s my understanding that you were around the corner when the gunshots started. Did you have any idea who was shooting?”
“Objection!” Linda shouted, shaking her head.
“Sustained,” Judge Zamora barked.
Geoff paused as he looked down at his notes. “No further questions.”
Linda stood, straightening her sky blue suit as she approached the podium. Nicole cleared her throat and sipped a glass of water that was on the witness stand.
“Ms. Fisk, you stated that Mr. Heston’s performance dropped after the rejection. Had you ever seen a drop in his performance before?” she asked in a cold tone.
“No,” Nicole said, shifting in her chair. “He was always a strong and consistent performer. I never had to have discussions about his productivity.”
“Did Shelly Williams give any reasons for going with another candidate for the trainer position?”
“Yes, she told Jeremy that he lacked passion for the position and that the position required more of a leadership mentality, to grow the role into an eventual department of its own.”
The Burden Page 10
