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2019 Murder TrialtranscripttranscriptJohnathan Stone — Direct - Day 28 - 2019 Murder TrialJohnathan Stone, Nahtahn's kindergarten teacher, testified about Nahtahn's behavior, reported statements about household punishment, and school records admitted into evidence.
Rick HubbardSuzanne MayesBoyd YoungEugene C. Griffith, Jr.Johnathan StoneRick HubbardCourt ClerkJohnathan StoneBoyd YoungTHE COURTSuzanne Mayesdirect
9 pages·5 witnesses·967 lines
School witnesses testified about Eli and Nahtahn Jones before the State rested and the defense began presenting mitigation evidence.
Johnathan Stone — Direct
DirectDirectJohnathan Stone — Direct Johnathan Stone Rick Hubbard
11:06:02

RICK HUBBARD: The State would call Johnathan Stone.

21:06:11

COURT CLERK: Have a seat, please. If you'll state your name and spell your last name for the record.

31:06:35

JOHNATHAN STONE: Johnathan Stone, S-T-O-N-E.

DIRECT EXAMINATION BY MR. HUBBARD:

51:06:39

RICK HUBBARD: Mr. Stone, where do you work?

61:06:42

JOHNATHAN STONE: Currently, at Saxe Gotha Elementary. I'm actually transferring to Gilbert Primary School the beginning of next school year.

71:06:48

RICK HUBBARD: How long have you been teaching?

81:06:50

JOHNATHAN STONE: This will be my fourteenth year.

91:06:52

RICK HUBBARD: And how long have you been at Saxe Gotha?

101:06:55

JOHNATHAN STONE: A decade, ten years.

111:06:57

RICK HUBBARD: What do you teach, or what grade do you teach at Saxe Gotha?

121:07:01

JOHNATHAN STONE: Started off in third grade and I taught several years, in kindergarten for six years and this year, I'm actually teaching second grade.

131:07:09

RICK HUBBARD: The year of 2013 and 2014, what grade were you teaching?

141:07:14

JOHNATHAN STONE: I was teaching kindergarten.

151:07:17

RICK HUBBARD: Do you remember a student by the name of Nahtahn?

161:07:20

JOHNATHAN STONE: Yes, sir, I do.

171:07:22

RICK HUBBARD: Nahtahn Jones?

181:07:23

JOHNATHAN STONE: Yes, sir. We called him Tahn.

191:07:27

RICK HUBBARD: Can you describe Nahtahn?

201:07:29

JOHNATHAN STONE: He was a quiet kid, but everyone loved him. He seemed to light up the world when he walked into the classroom. He had the biggest smile on his face. And everyday when he walked in, you couldn't help but not have a smile on your face because when you saw him, he was very loveable and very approachable. He was quiet often and he just wanted sometimes to come to you and give you a big old hug because he loved everyone.

211:07:56

RICK HUBBARD: In the course of your year with him, did you start developing a special relationship with him?

221:08:01

JOHNATHAN STONE: Sure. It was one of those relationships like I have with most of my students. Those kids are with me seven and a half hours a day, five days a week and it's kind of hard not to develop a relationship. But with him, it was a very special relationship because he seemed to need a little more support than others. Very caring and sometimes emotional. So I would sometimes just call him up and give him a hug and say it's going to be okay, buddy, if he was having a bad day when he walked in in the morning.

231:08:30

RICK HUBBARD: As his K5 teacher, did you have much in the way of communication with his father, Tim Jones?

241:08:38

JOHNATHAN STONE: At the beginning of the school year, yes, sir, I had a little communication. But towards the end of the year, I kind of ceased and desist, there was no communication.

251:08:47

RICK HUBBARD: The little communication, how would you try to communicate with Mr. Jones?

261:08:52

JOHNATHAN STONE: We had e-mails. We sent home a newsletter and everyday, we had a parent communication folder, which went home everyday, Monday through Friday, even the weekends, where we would send newsletters or any important things or even if we needed to get in touch with the parent, that was out go-to. So we would send them home everyday. The first thing in the morning, my assistant would actually check it to see if there was anything, any notes or anything that we needed to address or I needed to call or e-mail about.

271:09:17

RICK HUBBARD: Who was your assistant?

281:09:19

JOHNATHAN STONE: Amy Shearer.

291:09:20

RICK HUBBARD: Did you have many in the way of one-on-one meetings with Mr. Jones?

301:09:26

JOHNATHAN STONE: Not that I recall, no, sir.

311:09:31

RICK HUBBARD: Is it unusual for a parent not to be a little bit more communicative with you with a student in K5?

321:09:39

JOHNATHAN STONE: Typically, in K5 is the first year for a lot of the students and parents are really involved. Parents come to most everything that we have if they're available and they're not working. It was very typical for a parent to come in and to call or to send e-mails if something was going on just to keep up with their son's or daughter's behavior and academics. So it was something that for first-year parents, especially students who were in kindergarten, would often do.

331:10:04

RICK HUBBARD: On those few occasions that you did see Mr. Jones, did you see him with Nahtahn?

341:10:11
351:10:13

RICK HUBBARD: Did he ever in your presence praise his son, Nahtahn?

361:10:17

JOHNATHAN STONE: No, not that I recall.

371:10:19

RICK HUBBARD: Did he ever ask or inquire about what Nahtahn might need in order to be a better student or to learn more?

381:10:28

JOHNATHAN STONE: No, sir, never.

391:10:30

RICK HUBBARD: Did he make any inquiries at all about his son?

401:10:33
411:10:35

RICK HUBBARD: As you got to know Nahtahn -- you mentioned something about emotional needs. What, if anything, were you detecting with Nahtahn?

421:10:48

JOHNATHAN STONE: Nahtahn was the type of person that would always smile, but towards the middle of the school year, I sensed that sometimes he would smile, but he was not actually happy. He would just put on that smile because he wanted people to think that he was happy. Very emotional. Sometimes, like I said, he would come in and you would just have to give him a hug and you would have to reassure him that there was a safe place to be and he was at school and he was loved by me and everyone else and that he would have a good day.

431:11:14

RICK HUBBARD: Did you try to fill that male role in his life?

441:11:22

JOHNATHAN STONE: Sure. I have a seven-year-old now that was a two-year-old and I'm a father. And as a father, you know when you have to fill that role. And as a father, I felt like there was something missing in his life --

451:11:35

BOYD YOUNG: Objection --

461:11:35

JOHNATHAN STONE: -- and I wanted to fill it.

471:11:38

BOYD YOUNG: -- outside the scope.

481:11:39

THE COURT: Rephrase your question. Keep going.

491:11:42

RICK HUBBARD: I'll just move on, Your Honor.

501:11:44
511:11:45

RICK HUBBARD: Did you ever get a sense from Nahtahn about his home life and what you were getting when he would come to school? You said he was emotional. What were you detecting from him?

521:12:00

JOHNATHAN STONE: That it may not have been a good environment. Considering the other students in the classroom, his emotional state was sometimes a little erratic. He didn't always come in happy even though we sensed that he had a smile on his face. Then sometimes, he was just upset. And that comforting role that me and my assistant played was very important.

531:12:21

RICK HUBBARD: Did he ever describe punishment in his house?

541:12:25

JOHNATHAN STONE: Yes, sir, he did.

551:12:27

RICK HUBBARD: What did you learn about punishment in the Jones house with Nahtahn?

561:12:31

JOHNATHAN STONE: It had a lot to do with physical punishment. Not beating per se, but physical activity.

571:12:36

RICK HUBBARD: What activity?

581:12:40

JOHNATHAN STONE: He stated that -- Nahtahn stated that when he got in trouble that he would often have to do burpees or run in place.

591:12:47

RICK HUBBARD: What are burpees?

601:12:48

JOHNATHAN STONE: Burpees are something that you are -- is a very physical thing where you actually drop on the floor, you do a push-up, jump back into the air and you repeatedly do that while you're in place. It was kind of odd because during that time, I was actually into cross-fit and that's something that people in cross-fit normally do and he was actually able to show me exactly how to do that burpee one morning. And it was pretty shocking because a five-year-old doing a burpee is something that most normal adults don't do either.

611:13:18

RICK HUBBARD: Did he actually demonstrate it for you?

621:13:20

JOHNATHAN STONE: Yes, sir, he did.

631:13:25

RICK HUBBARD: Did you get a sense from him whether he was always getting in trouble?

641:13:30

JOHNATHAN STONE: I felt like he was always getting in trouble, yes, sir.

651:13:33

RICK HUBBARD: Based on that, what did you and Amy Shearer do as far as his work that would go home?

661:13:41

JOHNATHAN STONE: His work that would go home, we actually had a parent communication folder and in there, we kept a daily behavioral log. And in that behavior log, we would actually give him a smiley face or something that would happen during that day that was maybe not a major infraction, but a minor infraction, like he may not have had a good day and may have been talking in class repeatedly, we would either put a smiley face or put what that problem was so mom and dad would know and would be able to address the issue at home. Towards the middle, end of the school year, we noticed that when he may have gotten a frowny face or something in his communication, that the next day, he would come in and he would be very emotional. And that is when I told my assistant to just put smiley faces in there because of the behavior and we dealt with his behaviors in class. Because we felt like if that was the case at home, we wanted to address it at school so it wouldn't spill over into the household, into the home life. So that's what we -- what I actually told my assistant to do.

671:14:37

RICK HUBBARD: You mentioned earlier safe place. What did you mean by that?

681:14:43

JOHNATHAN STONE: I felt like school was a safe place for him. When he came to school, it was one of those places where he was loved and he was cared for and he got everything he needed. I wasn't positive whether he did or did not get that at home.

691:14:58

RICK HUBBARD: Now, aside from all this, was he a little boy like all the other students in your class in so many other ways?

701:15:05
711:15:06

RICK HUBBARD: Did he enjoy the activities that all the other students enjoyed?

721:15:10

JOHNATHAN STONE: Yes, sir. He did everything everyone else did. He loved his classmates. He loved learning. He loved interacting and playing on the playground. He loved everything about school.

731:15:18

RICK HUBBARD: Was there a special character, he had a Disney character that he especially liked?

741:15:22

JOHNATHAN STONE: He was particularly fond of Woody in Toy Story. He often wrote about Woody and Woody was one of his favorite characters. He just loved Woody. And there was something I remember because I remember growing up and I remember Woody and I remember pulling -- in the video, the movie pulling his string. And when he showed me some of the pictures, it was very detailed and I could tell that was something he really cared about and loved.

751:15:44

RICK HUBBARD: I'm going to show you something, State's ID 339. Is this something he wrote and a picture he drew involving Woody?

761:15:54

JOHNATHAN STONE: Yes, sir, he did.

771:15:56

RICK HUBBARD: We're offering this into evidence.

781:16:00

BOYD YOUNG: No objection.

791:16:01

THE COURT: What's the number?

801:16:03

RICK HUBBARD: 339, Your Honor.

811:16:06

THE COURT: 339 without objection. (WHEREUPON, State's Exhibit number 339 was admitted into evidence.)

821:16:16

RICK HUBBARD: And I see, looks like writing on top of writing. Who would that be?

831:16:20

JOHNATHAN STONE: That would be my assistant's writing. We often do writing in school. And especially in kindergarten, that's when they develop their writing and start to write for the first time. And that's something we do to help them progress in writing. And that would be Ms. Shearer's writing, my assistant, helping him out with his writing and fixing his mistakes.

841:16:36

RICK HUBBARD: Will you read what Nahtahn wrote?

851:16:36

JOHNATHAN STONE: I love Woody because he is my favorite TV show because he is goofy.

RICK HUBBARD: And who drew that picture of Woody?

JOHNATHAN STONE: That would be Nahtahn.

881:17:09

RICK HUBBARD: Aside from all the things that you were concerned about, was he just a little boy like so many other little kids in that class?

891:17:16

JOHNATHAN STONE: Yes, sir, he was.

901:17:18

RICK HUBBARD: Were you trying to fill a special role for him?

911:17:21

JOHNATHAN STONE: Yes, sir, I was.

921:17:24

RICK HUBBARD: What were you trying to do?

931:17:25

JOHNATHAN STONE: I was trying to make him feel loved and wanted and try to make him have a normal life. When he walked into that school, I wanted him to be a part of a family. I wanted him to leave the school knowing that if he had problems at home, when he came back the next day, he was still part of a family.

941:17:42

RICK HUBBARD: Were you ever concerned about Nahtahn not eating enough?

951:17:48

JOHNATHAN STONE: All the time.

961:17:49

RICK HUBBARD: Tell us why.

971:17:51

JOHNATHAN STONE: He would often come to school with a piece of pizza or he would come to school with a piece of bread and grapes. He would also come to school with those meals -- and towards the middle of the school year, he actually had a water bottle that broke. And after the water bottle broke, he didn't have anything to drink, so me and Ms. Shearer would always get him a cup and fill it up with water so he would, at least, have something to drink. Also, during snack time and even breakfast if he was hungry, we would always be willing to give him extra food. Because he would often say, But I'm hungry, Mr. Stone or I'm hungry, Ms. Shearer. And we would go to the cabinet and get him food so he would be able to eat and have that food in case he didn't get it at home.

981:18:31

RICK HUBBARD: Did you ever notice anything about his weight?

991:18:35

JOHNATHAN STONE: Yes. There was one instance towards the end of the school year where he was very emotional one day and he was just on the floor and he was crying. So that day, I picked him up to try and comfort him and I noticed that he was very, very light. I had a two-year-old at the time and he was the same weight as my two-year-old.

1001:18:56

RICK HUBBARD: At this time, Nahtahn was five?

1011:18:58

JOHNATHAN STONE: Yes, sir, he was.

1021:19:01

RICK HUBBARD: Were you aware on May 5th of 2014 of the DSS complaint filed concerning Nahtahn?

1031:19:09

JOHNATHAN STONE: Yes, I did become aware of that.

1041:19:14

RICK HUBBARD: Who first brought to your attention there may be something wrong with Nahtahn?

1051:19:19

JOHNATHAN STONE: My assistant, Ms. Shearer.

1061:19:21

RICK HUBBARD: And did you look at Nahtahn?

1071:19:24

JOHNATHAN STONE: Yes, I did, that morning.

1081:19:30

RICK HUBBARD: When you looked at him, what, if anything, did you observe about Nahtahn?

1091:19:36

JOHNATHAN STONE: I observed around his neck, it looked to be a handprint. It looked to be a thumb on one side of his neck and on the other side, I could also see the other four fingers where there was an impression. It looked like it was bruised and even red.

1101:19:51

RICK HUBBARD: Did it appear to be a child's hand or an adult hand?

1111:19:55

JOHNATHAN STONE: Oh, it was definitely not a child's hand. It was a lot bigger, like an adult's hand.

1121:20:03

RICK HUBBARD: There's some photographs already in evidence. Defense Exhibit 104, kind of hard to see, but is that on the occasion when y'all were documenting the bruising?

1131:20:18

JOHNATHAN STONE: Yes, sir, it was.

1141:20:20

RICK HUBBARD: Is that one of the bruises you see on his chin or neck?

1151:20:24

JOHNATHAN STONE: Yes, sir, that was.

1161:20:27

RICK HUBBARD: And this is Nahtahn in State's -- the first one was State's 104, this is State's 105. Looking at his arms, State's 106, do you see bruising?

1171:20:40

JOHNATHAN STONE: Yes, sir, I do.

1181:20:42

RICK HUBBARD: And again on 107?

1191:20:44

RICK HUBBARD: Finally, 108?

1221:21:03

RICK HUBBARD: And did you ask Nahtahn about the bruises he had on his face, chin and on his arms?

1231:21:14

JOHNATHAN STONE: Yes, sir, I did.

1241:21:22

RICK HUBBARD: Did he feel comfortable talking to you?

1251:21:25
1261:21:27

RICK HUBBARD: But did he talk to you?

1271:21:29

JOHNATHAN STONE: Yes, sir, he did.

1281:21:32

RICK HUBBARD: How did he appear when he was talking to you?

1291:21:35

JOHNATHAN STONE: Quite afraid.

1301:21:37

RICK HUBBARD: Was he afraid of you?

1311:21:39

JOHNATHAN STONE: No, sir, he wasn't.

1321:21:41

RICK HUBBARD: Were you aware -- well, you mentioned you were aware of the DSS report. Did that come from the school?

1331:21:50
1341:21:52

RICK HUBBARD: Were you aware of the allegation?

1351:21:54

JOHNATHAN STONE: Yes, sir, I was.

1361:22:00

RICK HUBBARD: I'm going to show you Defense Exhibit 15, South Carolina Department of Social Services safety plan. Is this the allegation concerning Nahtahn in this plan?

1371:22:17

JOHNATHAN STONE: Yes, sir, it is.

1381:22:20

RICK HUBBARD: If you can, can you make it out and read what that allegation is?

1391:22:24

JOHNATHAN STONE: Timothy Jones got upset with Nahtahn. He choked him around the neck and pushed him against the wall as he held him there. The child has a bruise on his neck that resembles a thumb and a fingerprint.

1401:22:42

RICK HUBBARD: When you talked to Nahtahn, did he give you any story that differed at all with this?

1411:22:48

JOHNATHAN STONE: No, sir, it was the exact same.

1421:22:51

RICK HUBBARD: Who did he say did it?

1431:22:52

JOHNATHAN STONE: His father.

1441:23:01

RICK HUBBARD: When he told this, what did you tell him?

1451:23:04

JOHNATHAN STONE: All I could tell him was, I'm sorry.

1461:23:14

RICK HUBBARD: The next day when Nahtahn came to school -- did you know the day this allegation was made, he goes home to his dad?

1471:23:21

JOHNATHAN STONE: Yes, sir, he did.

1481:23:23

RICK HUBBARD: How was Nahtahn that next day?

1491:23:26

JOHNATHAN STONE: He was very distant. He didn't want to say too much to anyone. He came in very quiet and sat down and ate his breakfast.

1501:23:34

RICK HUBBARD: Did you attempt to talk to him?

1511:23:36

JOHNATHAN STONE: Yes, I did. Like I do with every other student every morning they come in, I greet them and tell them hello and ask them how their day's been and try to be inviting.

1521:23:45

RICK HUBBARD: Did he indicate why he couldn't talk to you?

1531:23:52

JOHNATHAN STONE: Yes, he did.

1541:23:54

RICK HUBBARD: Was it his father?

1551:23:57

JOHNATHAN STONE: Yes, it was.

1561:24:01

RICK HUBBARD: Following this incident, this DSS allegation, did you see any change in the Defendant, Tim Jones, communication or reaction with the school or with you specifically?

1571:24:17

JOHNATHAN STONE: Yes, I did.

1581:24:19

RICK HUBBARD: What did you see?

1591:24:21

JOHNATHAN STONE: The communication I had kind of ceased and desist. There was no more communication from that point forward.

1601:24:30

RICK HUBBARD: At the end of the school day, did you send homework home with the students to get signed?

1611:24:36

JOHNATHAN STONE: Yes, sir, we did.

1621:24:37

RICK HUBBARD: Did you do that for Nahtahn as well?

1631:24:39

JOHNATHAN STONE: Yes, sir, we did.

1641:24:41

RICK HUBBARD: Following this incident with DSS, was Nahtahn ever able to bring back something signed by his father?

1651:24:49

JOHNATHAN STONE: No, never.

1661:24:53

RICK HUBBARD: Was there an occasion where Nahtahn brought his homework back and something had happened to it?

1671:24:59

JOHNATHAN STONE: Yes, sir, there was.

1681:25:01

RICK HUBBARD: Please tell me about that -- tell us about that.

1691:25:04

JOHNATHAN STONE: We, actually, over the weekend -- we got the homework folder back that Monday morning and it was ripped. These folders are not normal typical folders, they're made out of heavy plastic because the students have accidents. The folder was ripped in two.

1701:25:19

RICK HUBBARD: So it wasn't just ripped, it was ripped in two?

1711:25:21
1721:25:23

RICK HUBBARD: Did you ask Nahtahn what happened to his homework?

1731:25:26

JOHNATHAN STONE: Yes, I did.

1741:25:27

RICK HUBBARD: And he told you?

1751:25:28

JOHNATHAN STONE: Yes, sir, he did.

1761:25:31

RICK HUBBARD: And he says Tim Jones?

1781:25:34

RICK HUBBARD: What did you say to Nahtahn?

1791:25:36

JOHNATHAN STONE: All I could say was, I'm sorry, buddy, it will be okay.

1801:25:44

RICK HUBBARD: Do kindergarteners have a graduation at the end of the year?

1811:25:47

JOHNATHAN STONE: Yes, sir, they do.

1821:25:50

RICK HUBBARD: Do all the parents get notice of that?

1831:25:53

JOHNATHAN STONE: Yes, sir, they do.

1841:25:56

RICK HUBBARD: Is it common for parents to show up, take pictures and be with their child?

1851:26:00

JOHNATHAN STONE: Of course. It's kindergarten. That's the first year that their kids graduate. It's something that's special. I mean, it's the first year they're in school and it's something very important. So, typically, all the parents do show up that day.

1861:26:13

RICK HUBBARD: Do the kids even wear caps and gowns?

1871:26:15

JOHNATHAN STONE: Yes, sir, they do.

1881:26:18

RICK HUBBARD: On that day, did Nahtahn Jones have anybody show up --

1891:26:22

BOYD YOUNG: Your Honor, I'm going to object. It's outside the scope.

1901:26:27

RICK HUBBARD: Character.

1911:26:27

THE COURT: I'll allow it. Overruled.

1921:26:29

RICK HUBBARD: Did Tim Jones show up for his son's graduation?

1931:26:33

JOHNATHAN STONE: No, sir, he did not.

1941:26:35

RICK HUBBARD: Was anybody there for that child?

1951:26:37

JOHNATHAN STONE: No, sir, they were not.

1961:26:45

RICK HUBBARD: I'm going to show you what's marked as State's ID 340. What is this?

1971:26:52

JOHNATHAN STONE: It's a graduation diploma for Nahtahn Jones.

1981:26:56

RICK HUBBARD: I offer this into evidence.

1991:27:01

BOYD YOUNG: No objection.

2001:27:03
2011:27:04

RICK HUBBARD: Yes, sir, Your Honor.

2021:27:08

THE COURT: Without objection. (WHEREUPON, State's Exhibit number 340 was admitted into evidence.)

2031:27:20

RICK HUBBARD: Is this Nahtahn's diploma?

2041:27:22

JOHNATHAN STONE: Yes, sir, it is.

2051:27:25

RICK HUBBARD: There's a handwritten word on there in large -- looks like good?

2061:27:30

JOHNATHAN STONE: Yes, sir, I believe that is correct.

2071:27:33

RICK HUBBARD: Who wrote that?

2081:27:35

JOHNATHAN STONE: It appears to be Nahtahn Jones' handwriting.

2091:27:38

RICK HUBBARD: The good that's written over on the other corner, do you know whose writing that is?

2101:27:46

JOHNATHAN STONE: I believe it's also Nahtahn's.

2111:27:56

RICK HUBBARD: I show you what's marked State's 341 ID. What is this?

2121:28:05

JOHNATHAN STONE: It's something that we give our kids as a graduation announcement to parents, but it also is given to them on the day of their graduation so they can take home so moms and dads can remember their first year in school.

2131:28:16

RICK HUBBARD: It's kind of a keepsake?

2141:28:18

JOHNATHAN STONE: Yes, sir, it is.

2151:28:20

RICK HUBBARD: Offer this into evidence.

2161:28:23

BOYD YOUNG: No objection.

2171:28:24

THE COURT: 341 without objection. (WHEREUPON, State's Exhibit number 341 was admitted into evidence.)

2181:28:33

RICK HUBBARD: And it's titled Kindergarten Graduation June 2, 2014, has a picture. And that's Nahtahn?

2191:28:41

JOHNATHAN STONE: Yes, sir, that's a picture of Nahtahn in his cap and gown.

2201:28:45

RICK HUBBARD: Will you please read what this says?

2211:28:48

JOHNATHAN STONE: Here I come, get ready, get set because here I go. I'm ready to show all you that I know. I've graduated kindergarten and now I'm done. I laughed and learned and it's been fun. First grade, first grade ready, set, go. I'm ready to show you all I know. Get ready first grade because I'm on my way. I've graduated kindergarten, hip, hip, hooray.

2221:29:25

RICK HUBBARD: Thank you, sir. I'll just put this up here so the jury can see it. Although his father was not present, did Nahtahn seemed excited about graduation?

2231:29:34

JOHNATHAN STONE: Yes, sir, he did.

2241:29:43

RICK HUBBARD: Mr. Stone, Nahtahn has a summer and starts first grade at Saxe Gotha. Do you remember getting the news that he had been murdered along with his siblings by his father?

2251:29:57

RICK HUBBARD: What did you do?

2271:30:07

JOHNATHAN STONE: I broke down, like any other father or any other teacher would do. I remember going up to the front office and our director of elementary education was up there at the time and I looked at her and I said, Ms. Shealy, I need to go home. And she said, Okay. At that time, I had a two-year-old. He was with grandpa because grandpa is the babysitter. And I went straight from the school, picked him up and just grabbed him and held him. And that afternoon, me, my wife and my son just were together and how thankful he was alive.

2281:31:02

RICK HUBBARD: Have you ever gotten over his death?

2291:31:09

JOHNATHAN STONE: Yes and no. After the initial response to what happened, kind of was hush-hush for a while and I kind of got over it. But then when everything came back, it just hit me like a brick, a brick wall.

2301:31:25

RICK HUBBARD: Do you walk the halls of Saxe Gotha?

2311:31:28
2321:31:29

RICK HUBBARD: What, if anything, do you feel or see?

2331:31:32

JOHNATHAN STONE: I see him everyday in his little white tee-shirt with his little pizza stains on it. I see him walking in the kindergarten hall and I look and he's there one minute and the next minute he's gone.

2341:31:46

RICK HUBBARD: Why are you leaving Saxe Gotha?

2351:31:49

BOYD YOUNG: Objection, outside the scope.

2361:31:53

RICK HUBBARD: It's impact.

2371:31:54

THE COURT: I'm going to allow it. Overruled.

2381:31:59

JOHNATHAN STONE: Because of him. Because I can't stand to be at that school and see him in the halls everyday. I need a change and that change is something that's going to allow me to move on with my life, hopefully, because it's really affected it.

2391:32:16

RICK HUBBARD: Mr. Stone, thank you so much. Thank you.

2401:32:22

BOYD YOUNG: I have no questions.

2411:32:25

THE COURT: No questions?

2421:32:26

RICK HUBBARD: All right, Mr. Stone --

2431:32:29

THE COURT: You're good. Thank you, sir. Let's take a short break. Y'all step back in the jury room. Have you back in about 15 minutes. (WHEREUPON, the jury was excused from the courtroom for a break.)

(WHEREUPON, a short break was taken.)

THE COURT: Ready for the jury?

SUZANNE MAYES: Yes, sir, Your Honor.

THE COURT: Go get them for me. (Whereupon, the jury came into open court at approximately 10:22 a.m.)

THE COURT: Call your witness.

SUZANNE MAYES: May it please the Court, the State calls Amy Shearer.

Continue to next page4.Amy Shearer — Direct