6.Linda Watkins — Direct
241 linesLINDA WATKINS, being first duly sworn, testified as follows:
COURT CLERK: Have a seat, please, ma'am. Once you're seated, state your full name spelling your last, please.
LINDA WATKINS: Linda Watkins, W-a-t-k-i-n-s.
DIRECT EXAMINATION By Mr. Hubbard:
RICK HUBBARD: Ms. Watkins, where do you live?
LINDA WATKINS: I live in Fort Deposit, Alabama.
RICK HUBBARD: Alabama?
LINDA WATKINS: Uh-huh.
RICK HUBBARD: Back in September of 2014 where were you working?
LINDA WATKINS: I was working at the Bypass Liberty in Greenville, Alabama.
RICK HUBBARD: Okay. You might want to pull that microphone to you just a little bit.
LINDA WATKINS: Okay.
RICK HUBBARD: That's fine. And you were working where?
LINDA WATKINS: At the Bypass Liberty in Greenville, Alabama.
RICK HUBBARD: What was the Bypass Liberty, or what is it?
LINDA WATKINS: It's a gas station.
RICK HUBBARD: Convenience store and gas station?
LINDA WATKINS: Yes.
RICK HUBBARD: I'll show you a picture and see if you recognize this. State's ID 52.
LINDA WATKINS: Yes, sir. That's it.
RICK HUBBARD: All right.
RICK HUBBARD: Your Honor, if I could offer this into evidence.
THE COURT: Any objection?
ROBERT MADSEN: I think that's the one you showed me, right?
RICK HUBBARD: Huh?
ROBERT MADSEN: That's the one you showed me, right?
RICK HUBBARD: Yeah.
ROBERT MADSEN: Yeah, no objection. (Whereupon, State's Exhibit number 52 was admitted into evidence.)
RICK HUBBARD: What part of Alabama is Bypass Liberty Station located in?
LINDA WATKINS: It's Greenville.
RICK HUBBARD: Okay. Now, back in September, do you recall a time when a Lieutenant from Alabama came by? An officer came by to see you?
LINDA WATKINS: Yes, sir. I do.
RICK HUBBARD: Do you remember about when that was? Was that -- let me ask you this. Was it on Labor Day or after Labor Day, or was it a week after Labor Day, or do you --
LINDA WATKINS: Yeah. It was after Labor Day, I believe.
RICK HUBBARD: Do you remember what he was looking for?
LINDA WATKINS: Yes. He asked, first he asked if, he needed to see who was working on Saturday, the 6th of September. I told him that would be me. And he proceeded to ask me that he needed to -- to know about a customer that I would have had that is being held in an investigation.
RICK HUBBARD: When he asked you that, Ms. Watkins, what did you tell him?
LINDA WATKINS: My mind went straight back to a gentleman that come into the store that Saturday morning and I proceeded to tell him the full interaction that I had with -- with the gentleman.
RICK HUBBARD: Okay. And the gentleman that had come in the store, what day was that?
LINDA WATKINS: It was on Saturday.
RICK HUBBARD: Saturday. So September 6th?
LINDA WATKINS: 6th, that's right.
RICK HUBBARD: It might help if I get the map that we've got here -- I mean, the calendar. So I'll step behind you. How about that?
LINDA WATKINS: Okay.
RICK HUBBARD: We have August and September.
LINDA WATKINS: Uh-huh.
RICK HUBBARD: So Labor Day's the first, but you're looking at Saturday the 6th?
LINDA WATKINS: That's right. That's right.
RICK HUBBARD: About what time in the morning did he come by, this gentleman?
LINDA WATKINS: It was after my like, busy, busy morning rush. It was a little after 8:00. I don't know the exact --
RICK HUBBARD: That's all right.
LINDA WATKINS: -- down to the minute.
RICK HUBBARD: But sometime after 8:00 in the morning?
LINDA WATKINS: Uh-huh.
COURT REPORTER: Is that a yes?
LINDA WATKINS: Yes.
RICK HUBBARD: Do you remember what this individual was driving?
LINDA WATKINS: I do. He was driving a black Escalade with tinted windows.
RICK HUBBARD: If you could, Ms. Watkins, can you just walk us through what happened and why that just stuck in your head.
LINDA WATKINS: I seen him when he pulled into the driveway and pulled up to pump three.
RICK HUBBARD: I am going to walk over here to this photo that I still got up here.
LINDA WATKINS: Okay.
RICK HUBBARD: Would pump three be one of these pumps over here?
LINDA WATKINS: It's going to be on the inside. The one on the outside is pump four. The one on the inside is pump three.
RICK HUBBARD: So this pump went on the inside?
LINDA WATKINS: Correct. He pulled in. He sat there for five or six minutes without getting out. That initially drew my attention. And when he walked -- when he finally got out of the vehicle he walked inside. And when he walked inside there was this smell that come in behind him, like I got a whiff of, that was awful. It was awful. And he proceeded to walk into the store. He walked from side to side inside the store. He was steadily looking out the windows to his vehicle. He proceeded to get his purchases. He come up to the counter and began to checkout and he asked me if I knew of a place that was out of town that he could camp at. I proceeded to give him really quick directions to our Sherling Lake Campgrounds, the only campground that we have. It's about three or four miles from where we was. It's outside of town just a little bit. I proceeded to tell him that. And he had -- right before he asked me for those directions, when he walked up to the counter, he asked me for three or four cartons of Newport Red 100's. Then he asked me the question about the campground. Once he -- I gave those directions, I proceeded to tell him that I didn't have that many, I didn't, cartons.
RICK HUBBARD: Okay.
LINDA WATKINS: You know, that I may be able to piece together a carton, and which I did. And I run up the purchase. He paid with his credit card. I asked for his ID. He had glasses on. I asked him, I said, I'm going to need you to remove your glasses. He didn't, but they were down like this (demonstrating), and he looked over --
RICK HUBBARD: Could you see his --
LINDA WATKINS: -- the glasses. And I did. So I didn't push it. I seen his eyes and I proceeded to check him out and he exited the store.
RICK HUBBARD: Okay. Let me ask you this. Do you remember what he bought that day?
LINDA WATKINS: I do.
RICK HUBBARD: What did he buy?
LINDA WATKINS: He bought the carton, Newport Red 100's. It was actually six packs of the 100's and it was actually four packs of the shorts to make the carton. It was one bottle of water, one gallon of water, and one of these Starbucks double shots energy drinks.
RICK HUBBARD: I'm going to show you a receipt and see if you recognize this. State's 53.
LINDA WATKINS: Yes. Yes, sir.
RICK HUBBARD: And I offer this into evidence.
ROBERT MADSEN: No objection.
THE COURT: And that's 53?
RICK HUBBARD: Yes, sir.
THE COURT: Entered without objection. (Whereupon, State's Exhibit number 53 admitted into evidence.)
RICK HUBBARD: Now, as far as a cashier named Donna, you're not Donna?
LINDA WATKINS: No, sir. That was -- it was never changed in the system. At the time we were going to get new systems in the store and they just didn't want to spend the money to go taking that out to put the correct operator name in.
RICK HUBBARD: Right. As far as the purchaser what name do you see?
LINDA WATKINS: Jones, Jr., Timothy R.
RICK HUBBARD: Okay.
RICK HUBBARD: Your Honor, I'm not too good with technology, so I might need a little help.
RICK HUBBARD: Now, you mentioned one of the things that struck you was he sat out in that Escalade for a while, and you mentioned the smell. Was that the other thing that struck you?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Now, let me ask you about that. Was it a smell just when he opened the door, or was the smell -- did it -- was it him?
LINDA WATKINS: It was him. Yes, sir.
RICK HUBBARD: Can you tell me what that smelled like?
LINDA WATKINS: It was awful. It was -- it was like the worst case of BO that I've ever smelled. And it had like a chemical smell to it that kind of -- it would like burn your nose. It was awful.
RICK HUBBARD: I want to show you something -- thank you. I want to show you the DVD. See if you recognize this. State's 54.
LINDA WATKINS: Yes, sir.
RICK HUBBARD: What is this a DVD of?
LINDA WATKINS: From the time that Mr. Jones entered into the parking lot until the time that he left.
RICK HUBBARD: Okay.
RICK HUBBARD: I offer this into evidence.
ROBERT MADSEN: No objection.
THE COURT: Admitted without objection.
RICK HUBBARD: State's 54, Your Honor.
THE COURT: Yes, sir. (Whereupon, State's Exhibit number 54 was admitted into evidence.)
RICK HUBBARD: Your Honor, this is a little slow. (Whereupon, State's Exhibit 54 was published to the jury starting at 2:50 p.m.)
RICK HUBBARD: Now, Linda, while that's being pulled up, do you see the gas pumps looking out the glass windows?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: That's the gas pumps you were just talking about a while ago?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: You say at some point a black Escalade pulls up there?
LINDA WATKINS: Yes, sir, on pump three.
RICK HUBBARD: Again, Your Honor, the software on this is kind of hard to--
RICK HUBBARD: Ms. Linda.
LINDA WATKINS: Uh-huh.
RICK HUBBARD: Ms. Watkins.
LINDA WATKINS: Yes.
RICK HUBBARD: I've been calling you Linda. Is that you out there?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: What are you doing out there?
LINDA WATKINS: I was smoking a cigarette and --
RICK HUBBARD: Is that the vehicle we're talking about?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: And you were on a smoke break when he pulled up?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: At some point does he pump gas?
LINDA WATKINS: Yes, sir. He does.
RICK HUBBARD: But does he stay in the car for quite a while before he does it?
LINDA WATKINS: Yes. It's a good five, six minutes, I would say.
RICK HUBBARD: Rhonda, If you could move it ahead about a few minutes.
RICK HUBBARD: Linda, while we're waiting. Lieutenant Disney came by to see you?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: The receipt that we put in evidence, did you give him that receipt?
LINDA WATKINS: I gave him --
RICK HUBBARD: Did you use that receipt to help find the video?
LINDA WATKINS: Yes. I located the receipt first and then I proceeded with the video.
RICK HUBBARD: And then he was able to watch this and then they ended up getting a copy of this?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Now we're back to the screen. This are all cameras within that -- within that store?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: Okay. And the bottom right one, that was the one that we had enlarged looking outside?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: You still see the black Escalade?
LINDA WATKINS: Yes, sir. I do.
RICK HUBBARD: I'll speed it ahead a little bit. Was there somebody working outside?
LINDA WATKINS: Yes, sir. The owner of the store. He was blowing all the leaves and everything from the parking lot.
RICK HUBBARD: Is that him coming there?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: You see him in the lower corner. And the upper right -- upper left, is that him coming in right there?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Okay. And you say the minute he walked in what did you notice?
LINDA WATKINS: The smell. It -- like when you walk behind somebody and you get that whiff of them. That's what it come across, and that was my first smell of it.
RICK HUBBARD: He's looking there. What do you keep there?
LINDA WATKINS: That was all of our energy drinks.
RICK HUBBARD: What he's getting right there, is that --
LINDA WATKINS: Yes. It's a Starbucks Doubleshot energy drink.
RICK HUBBARD: In the upper left-hand corner right there. What do you keep over there?
LINDA WATKINS: The gallons of water.
RICK HUBBARD: Is this where you're explaining where -- what was the name of the campground?
LINDA WATKINS: Sherling Lake Campground. And yes, sir. This is where I'm telling him the directions.
RICK HUBBARD: How is he acting as far as how he spoke?
LINDA WATKINS: He spoke really low. He was -- he was very nice and polite. He said thank you. Yes, ma'am. No, ma'am. He was acting like normal. I mean, I didn't -- there was nothing that popped out at me about --
RICK HUBBARD: About that?
LINDA WATKINS: Right.
RICK HUBBARD: Now, he used his credit card?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Those are the cigarettes you were just talking about?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: When he goes outside does he leave immediately?
LINDA WATKINS: No, sir. He gets back in his vehicle and he continues to sit there for a few minutes.
RICK HUBBARD: That's him walking past the pumps?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: And looking out that way, to the right of those pumps as you look out the window --
LINDA WATKINS: Uh-huh.
RICK HUBBARD: -- is that the driveway to get out?
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Which way would he turn to go to the campground you were talking about?
LINDA WATKINS: He would turn right.
RICK HUBBARD: That's him waving?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: Again, which way to the campground?
LINDA WATKINS: Right.
RICK HUBBARD: That's the way he's turning now?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: Now, while he was talking to you --
LINDA WATKINS: Uh-huh.
RICK HUBBARD: Was his speech slurred in any way?
LINDA WATKINS: No, sir. It wasn't.
RICK HUBBARD: Let me ask you this, having worked there. How long have you been working at this store?
LINDA WATKINS: I've been in that store since September of 2013.
RICK HUBBARD: Had you worked in other stores like this before?
LINDA WATKINS: Yes, sir. I've got over 20 years under my belt doing this kind of work.
RICK HUBBARD: Have you ever had an opportunity to deal with people who are under the influence when they came in?
LINDA WATKINS: Yes, sir. I have.
RICK HUBBARD: How did he appear at the time?
LINDA WATKINS: He was not acting in any shape, form, fashion like he was drunk. He wasn't being jumpy, jittery. He wasn't -- he wasn't any of that. He was calm. Like I said, he had mannerism. He was just -- he just appeared real dirty and had that odor.
RICK HUBBARD: Was that anything about -- now, let me ask you this. In all those years have you dealt with some people who walked in who you thought might have something wrong with them, other than drugs? Mental health?
LINDA WATKINS: Yes, sir. If somebody come in like that I would call the police. I have done that on more than one occasion. If somebody come in drunk, agitated, high, I would definitely call the police without a doubt. I've done it several times.
RICK HUBBARD: In this case with this gentleman, you didn't see any of that?
LINDA WATKINS: No, I didn't.
RICK HUBBARD: The things that stood out where he took a long time out in the vehicle?
LINDA WATKINS: Uh-huh. That's right.
RICK HUBBARD: And that smell that you said--
LINDA WATKINS: Yes, sir.
RICK HUBBARD: I want to show you a few snapshots from the video since it's a little easier to look at it that way. State's 55, 56, 57.
LINDA WATKINS: Yes, sir.
RICK HUBBARD: Are all those taken and captured from the video we just watched?
LINDA WATKINS: Yes, sir, they are.
RICK HUBBARD: Your Honor, I offer these into evidence.
ROBERT MADSEN: I have no objection.
THE COURT: No objection. So that was 55, 56, 57?
RICK HUBBARD: Yes, sir. (Whereupon, State's Exhibit numbers 55, 56 and 57 were admitted into evidence.)
RICK HUBBARD: 55, is that the same gentleman up at the counter?
LINDA WATKINS: Yes, sir. It is.
RICK HUBBARD: 56, does that show you giving directions?
LINDA WATKINS: Yes, sir. It does.
RICK HUBBARD: He was able to ask you for directions, was able to listen and carry on that conversation?
LINDA WATKINS: Yes, sir. He was.
RICK HUBBARD: 57, that energy drink. What kind of drink was that?
LINDA WATKINS: It was a Starbucks Doubleshot energy drink.
RICK HUBBARD: I'll show you an item, State's ID 58. Does that can look familiar to you?
LINDA WATKINS: Yes, sir. It's just identical.
RICK HUBBARD: Okay. Everything you've told us today you told that to Lieutenant Disney?
LINDA WATKINS: Yes sir, I did.
RICK HUBBARD: Ms. Watkins, I believe that's all I have for you. I believe Mr. Madsen might have some questions for you.
ROBERT MADSEN: No questions, Your Honor.
THE COURT: No questions. You may step down.
LINDA WATKINS: Thank you.
RICK HUBBARD: Your Honor, if she may, can she be excused and go home to Alabama?
ROBERT MADSEN: Yes, sir.
THE COURT: You're free to go.
LINDA WATKINS: Thank you.
THE COURT: Thank you.
SUZANNE MAYES: Your Honor, may we approach?
THE COURT: You may. We need a break, y'all take a break, we will take fifteen minutes. (Whereupon, the jury was excused from the courtroom for a break.)
(Whereupon, a short break was taken.)
THE COURT: You all ready?
SUZANNE MAYES: Yes, sir, Your Honor.
THE COURT: We're ready. All right. They're coming. (Whereupon, the jury came into open court at approximately 3:25 p.m.)
THE COURT: All right. Who's next?
SUZANNE MAYES: Thank you, Your Honor. May it please the Court.
THE COURT: Yes, ma'am.
SUZANNE MAYES: The State calls Charles Johnson.