CMPD Officer Trial Day 2 Testimony

WBTV's Caroline Hicks running commentary of the trial of CMPD Officer Phillip Barker:

Day 2 of the trial of CMPD Officer Phillip Barker is about to begin with more witnesses taking the stand 

The prosecutor requested that we not film the first witness approaching the stand. He was subpoenaed here and is emotional. The judge approved that request. We are still able to take notes, but are not allowed to film the first witness 

First witness taking the stand: 34-year-old John Jacik was visiting Charlotte and was with James Michael Short the night of his death 

Jacik was here for the 4th of July holiday. Short picked him up from the airport. They spent some time in Myrtle Beach to watch fireworks and then came back to Charlotte. Plan was to get a hotel room, go out in Charlotte 

He says they were drinking New Amsterdam Apple Vodka. They got an uber to the club. He says Short was "a little drunk at that point, a bit more than he should have been." 

He says they separated at the club. Short was upstairs, Jacik was downstairs. Then the bouncer told Short to leave because he was too drunk, he saw him being brought out. He says Short "seemed like he was rather intoxicated." 

Jacik says he followed him out of the club (The Bar at 316). Short was locked out of his phone, Jacik's phone was dead. Short laid down outside, Jacik and another person went inside club to look for a phone charge. When they came back outside Short was gone. 

Jacik, and another person named Dante, tried to find Short but couldn't. So Jacik found other people who offered to help him get back to his hotel in their uber. He waited at hotel for Short, but he never came. "I had no reason to believe something happened." 

Then the police came to the hotel and woke him up. Prosecutor showing body camera footage. Police told him: "he was involved in an accident last night, his parents have asked us to come get his belongings." He asked if he's okay. Police: "I'm afraid he passed." 

Footage shows Jacik collecting his bag. Police tell him Short was hit by a car and detectives would like to speak with him. "Anything!" Jacik said. 

Police asked to see Short's car. It was parked in the hotel lot. Video ended. Jacik says he then provided a statement to police, gave them all the information they asked for. 

Prosecutors are now playing the audio from the interview Jacik gave to detectives. Plus he's handing the written transcript of that interview to the judge and defense. 

In the audio, Jacik describes what happened that night. The story is the same as what he said on the stand earlier. "It was at the point where there was nothing else I could do." Jacik is emotional on the stand listening to this audio 

Jacik tells police in the interview that he went to another party, then went back to the hotel and waited for him. Calls went straight to his voicemail. 

Describing Short's state that night: Jacik says Short had trouble walking, he was slurring his speech but was able to converse. 

Prosecutor now asking Jacik to read portion of transcript and clarify something he said about Short "trying to get into rental car" at the club. He says he meant he was drunk trying to get into random cars, clarifies that Short's rental car was still parked at hotel 

Cross examination: Defense asking Jacik how often he talked to Short: "often." Asked if he talked about mental health issues he had. "We just talked as friends. I'm not sure how in depth you want me to get." 

Asked if they did drugs. "There were no drugs involved whatsoever." He also says he did not see him taking medications. Asked if they were doing shots of vodka, he says yes. Can't recall how many shots. He says he wasn't angry that he was talking to other guys at club 

Defense says that in the interview Jacik mentioned Short was angry. Now he tells defense he's never seen him angry. 

NEXT WITNESS: CMPD patrol officer Steven Kelly, hired in June 2016. Worked 3rd shift in Central Division with Officer Barker. 

Prosecutor asking him to describe lighting in various areas along E Morehead Street. 

He was dispatched to same Priorty 1 call that Officer Barker was that night: Traffic accident with injuries: vehicle vs. building. 

He says he was called to Morehead and Kings Dr. He was closeby (Stonewall & Caldwell area) on way to less serious call, so he asked to be switched to this call. Turned on lights and sirens and headed that way. 

He says Officer Barker made a righthand turn onto Morehead a block east of him. Ofc Kelly let him go in front of him, then turned left onto E Morehead from S Tryon behind Barker 

Ofc Kelly says he was driving between 50-70mph. He says he slowed down as he approached intersections. Never encountered a red light. He describes Ofc Barker as driving "a little bit faster than I was." 

Ofc Kelly says he does not recall seeing Ofc Barker's brake lights until the collision. Kelly says he reached the speed he was comfortable with, that he thought was appropriate for the call-- he did not choose to speed up to catch up with Barker 

As Ofc Barker crossed Morehead & Euclid: Ofc Kelly watched him swerve roughly 100 yards and then saw debris, so he thought he blew a tire. Stopped behind him to make sure he was OK. 

He noticed windshield damage. Says Barker's car was between intersections of Euclid and Royal. Got out of his car- realized Barker had hit a person. He says body was 15-20 yards behind Barker's car, body had significant injuries and was not entirely intact. 

He says Ofc Barker was "concerned." Spoke to MEDIC, another officer who also stopped. Barker asked him if there was glass on his face, Kelly didn't see any. He says they checked out body, requested resources to shut down intersection, contacted supervisor to respond 

Ofc Kelly body cam footage: Dispatch call comes thru, Kelly says he's not far from it, puts blue lights on. He drives-- then stops and gets out of car and runs towards Ofc Barker. "Did you hit him?" he asks. Barker says "yeah" He moves to block intersection w/ his car 

Prosecutor is re-playing dispatch call, going through it again. Dispatcher updates the call saying "21-year-old male awake and breathing at this time." At that point Ofc Kelly hits brakes abruptly because he sees Barker brake and swerve. 

Now moving to lunch recess until 2pm 

LUNCH

Prosecution continuing questioning of witness Ofc Kelly. Now playing recorded statement from Ofc Kelly from after he left the scene 

Ofc Kelly said he was driving approx. 50 mph and Ofc Barker "is definitely going faster than me. I thought about speeding up to him, then I decided not to." Said he didn't think the call warranted a faster speed. He guessed Kelly was going 60 mph 

Ofc Kelly said the light was green when Barker went thru it. 

Defense attorney Michael Greene now cross examining Ofc Kelly. Asked if Kelly received emails from him, including subpoena. He says he saw the subpoena and notified the DA's office. 

He asked if Ofc Barker's patrol car model was faster than Ofc Kelly's? He said yes 

Asked if there would normally be foot traffic at 3:30am since bars close at 2 and Kelly said no. Also confirmed no big events that night. Defense asking if there's a distinction within Priority 1 calls of which incidents are more serious than others, Kelly says no. 

Defense asking about Ofc Kelly's conversation with ADA: that ADA confirmed Kelly's speed was actually closer to 75mph, which Ofc Kelly confirms. Asks if Kelly saw person walking across street, he said no. 

He also asks Ofc Kelly to share the story he told the ADA about a time that Ofc Barker yelled at him for making an unsafe U-turn without blue lights leaving a scene. Kelly tells story. 

NEXT WITNESS: State calling Crime Scene Investigator Shari Walton to the stand. She was requested to go to scene around 3:30am. She IDed dead body, items in roadway.  

Prosecution showing diagram Walton created of scene. Items scattered across road included a phone and clothing items. 

Court taking a 15 min recess 

Prosecution showing photos [some graphic in nature] that Walton took on scene. Including human tissue, cracked phone, shoe 

She's describing Short's injuries in graphic detail. Prosecutor just passed photos to the jurors to look at, and they are not showing the photos on the big screen 

She says his clothing and items were wet. It was not raining that night. 

Defense is beginning cross examination. Asking Walton why there wasn't a lot of blood on scene. She said there was blood. 

He asked why they didn't do a 3D FARO scan of items found. She said that's not her call.

Court is over for the day. Trial resumes Monday with continued cross examination of Crime Scene Investigator Walton

1714 12-9-2022