[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6090449,"mediaKeyId","2866896-6b3d9c2750728f096276f375d784da10","parentId",2866896,"title","Bystander testifies he retrieved a phone from Chick‑fil‑A parking lot and turned it over to officers","audioSeconds",364,"startMs",12690000,"endMs",13054000,"viewUrl","/Search/View?dp=1&key=2866896-6b3d9c2750728f096276f375d784da10&start=12690&end=13054","thumbnailUrl","https://assets.pipeline.soar.com/2866896-6b3d9c2750728f096276f375d784da10/thumbnail_12690000.jpg","articleUrl","/articles/6090449/Texas/Bystander-testifies-he-retrieved-a-phone-from-ChickfilA-parking-lot-and-turned-it-over-to-officers","mediaUrl","https://secure.pipeline.soar.com/6090449-7b42777823ac7a0e3b26ade0414ed68f/orig.mp4?Expires=1775406791&Signature=Ij4pfWaBVoAuIgWB0TWmN1Aho0c2PjTqx-oynH5Okt1qLs85lDh9jFBFQWONphFoG5HcaM0H7Zokfcn1sARkMpyoHRkPGzTO-yE6VVt-aPnlDNOYqehwLp7wFqvz0ySusn7arWdyOMjqJWFUZOKyRk~CNuqR5H4htWL52~99gJhMi4b3j~AQk4I2iM392iwny2hCokOp5alYhOsEn6SASw9j8g8taH3h8NQ4DcH8g1yO8oNdyW8l2suvi7MbxOKTq1CAwOIM5hQ1OG-dxyEdc4n40LpfDRUapWDks6P56-kRxppB1wh0zmFXAHebcA2UYZ9U6M5SYtTTkz6quLp99Q__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-04-03T22:46:56.053Z","article","A man who said he was in the Chick‑fil‑A parking lot on April 23, 2017 testified that he saw what looked like a phone tumble from a vehicle and that he picked it up, wrapped it in a towel and later gave it to police.

Gabriel Baez testified that after hearing a loud bang he saw a car speed through the lot and noticed “what looked like a phone, something shiny, square, kinda tumbling and hitting the ground.” He said he retrieved a towel, picked up the phone and kept it in his possession until officers arrived.

Baez identified a photo of himself holding the towel and phone and a hand‑drawn map marking where he said he found the object and where he and his family had parked. The state offered and the court admitted those exhibits without objection.

Dan Akin, the Chick‑fil‑A operator, confirmed he provided surveillance video to police and that his store’s recordings were used by investigators; those recordings later showed the vehicle’s path and were published for the jury.

The witness’ account supplied a possible location of an item that detectives later documented as evidence; Baez said he turned the item over to officers at the scene when they arrived.","mediaType","Video","parentTitle","THUR., APRIL 3, 2025/JUDGE STEPHANIE BOYD/187TH DISTRICT COURT/TRIAL: STATE VS MCINTYRE","oneSentenceSummary","A witness told the jury he saw a shiny object tumble from a car after a loud bang, retrieved the item wrapped in a towel and handed it to officers at the Chick‑fil‑A scene; the photograph and map he prepared were admitted without objection.","taxTitle","Judge Stephanie Boyd 187th District, District Court Judges, Judicial, Texas","taxId",66298,"location","Texas","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6090454,"Defense presses chain‑of‑custody and cumulative evidence objections; state withdraws CD exhibit and offers still photos",1885,8668000,10553000,"/Search/View?dp=1&key=2866896-6b3d9c2750728f096276f375d784da10&start=8668&end=10553","https://assets.pipeline.soar.com/2866896-6b3d9c2750728f096276f375d784da10/thumbnail_8668000.jpg","/articles/6090454/Texas/Defense-presses-chainofcustody-and-cumulative-evidence-objections-state-withdraws-CD-exhibit-and-offers-still-photos","https://secure.pipeline.soar.com/6090454-d4b8ce9a5778ad90021b1db4d4099ef5/orig.mp4?Expires=1775406791&Signature=QHVWUx4sBgAhdLxzKzR1Gck1xOVFnjTevtzrjR8T7rBU0x7Za8mUks5EI8q0UankxH4CodbQ1Z5eLzK0MXpDahUOwAORnDoIP5RHMmgs640lm~7bojcKbNlD~p8ZJ-XY3P4fznqVNtTHZet891asaHFMtbAj6RQV19H-N6Ed9DpZWnetEQlPrdI~yAaFExQzBoFexAU5XL4NxaRty9-cCR8TRxB2QD55WkhjuNj8MPe5VDy-BEbVHD5jOmjkU2cYTVgyBY8vzPSYKKkq337sHMnnslZrmk~8IdFs3qAKabq7L3ZO66LFJ9dkQfKwBaT6g-GAocXbclDegQ7nBzH0Bw__&Key-Pair-Id=KUT5TJCACFTXG","Defense attorneys objected repeatedly to the prosecution’s foundation for several physical and digital exhibits, arguing that the witness foundation depended on reports authored by an evidence technician who was not testifying.

At multiple points defense counsel raised hearsay and confrontation concerns tied to the evidence documentation and how multiple crime‑scene investigators used E1/E2 labels during the processing. The defense argued that “the commencement and the origin of the chain of custody” should be established by the person who first collected the evidence.

The court heard an anticipatory objection under Texas Rule 403 that the 25‑minute video and accompanying stills were cumulative and “focus[ed] considerably on morbid video of the deceased.” Defense counsel asked the court to limit repetitive displays of identical content. The transcript records the defense noting that “some of these photographs depict the corpse of the deceased and are of a morbid nature,” and urging the court to consider Rule 403 before continuing with additional still images.

After discussion at sidebar and out loud before the jury, the prosecution agreed to withdraw a CD identified as state’s exhibit 32 and instead offer a more limited set of still photographs extracted from that disc. On the record the prosecutor said, “we are withdrawing, state's exhibit number 32 identified as a CD, and instead, we will, offer still photos.” The court admitted a narrower set of numbered photo exhibits without objection after that concession.

The defense also emphasized that evidence labels could overlap when multiple CSIs processed the scene; witnesses acknowledged the possibility that different investigators applied their own E1/E2 sequencing. That point was central to the defense’s cross‑examination strategy on the provenance and handling of physical items.

Why it matters: foundation, chain‑of‑custody and admissibility arguments affect the jury’s access to visual evidence and the weight jurors can give to forensic and photographic materials. The record shows the court and parties negotiating how much and which images the jury will see and how the state will prove the chain of custody for physical items.","Defense attorneys objected repeatedly to aspects of evidence foundation, hearsay and cumulative presentation during the prosecution's showing of crime‑scene and surveillance materials. The state withdrew a CD exhibit and replaced it with selected still photographs to address defense concerns about repetitiveness and foundation.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6090458,"Chick‑fil‑A surveillance and police body‑camera video shown to jury; footage depicts black sedan and victim on hood",10839,2687000,13526000,"/Search/View?dp=1&key=2866896-6b3d9c2750728f096276f375d784da10&start=2687&end=13526","https://assets.pipeline.soar.com/2866896-6b3d9c2750728f096276f375d784da10/thumbnail_2687000.jpg","/articles/6090458/Texas/ChickfilA-surveillance-and-police-bodycamera-video-shown-to-jury-footage-depicts-black-sedan-and-victim-on-hood","https://secure.pipeline.soar.com/6090458-6472bdac9679684f1d928e484a56914c/orig.mp4?Expires=1775406791&Signature=ZfgjeHQhnz-MlxxdJfDGqlx27YPE6oQSyQy3ecSxfWZ7suxepurSgZ8HoVOgG99K2KhvcVCY1AaGf~y-WuIYBqCyr1MWN1DN8vpg06gmifamo3~Zab9iVFD0WwI0ImAh5oxQrPElMFMiqgT~IeFmCVTpYFjt8yaACF27uQNw21xGBbn0h1HzwyH~WMX3qKSfvA0r9XHANYmKQvuNZ~2NqczHmKfxtHeiq1Ez-y09Vh5UvYFXfImaHAV8AxGKXQqkIrsxINQDFgQEdqcU4oCYr34bZFLcpY6NZ6sT7XGo7JxGc2WvauKN5eGFILTfZ9H6n4wfN80-EzdJQOl7ZltbEw__&Key-Pair-Id=KUT5TJCACFTXG","Prosecutors played footage from Chick‑fil‑A surveillance and officers’ body‑worn cameras for the jury, showing a black sedan enter the restaurant's parking lot and a person on the vehicle's hood before the car left the scene.

Sergeant Robert Mount testified that he and other officers reviewed a manager’s laptop video at the scene. “From what we could see, you could see a black car enter the parking lot of the Chick fil A. It appeared the complainant was on the hood of the car, and then the, the front passenger exits the vehicle,” Mount said while describing the surveillance.

Chick‑fil‑A operator Dan Akin said he reviewed his store’s recordings and turned a disc to the police. “It contains various, videos from that day, that were deemed pertinent,” Akin testified when identifying the disc the restaurant produced to investigators.

The state used multiple camera angles and body‑worn footage to show scene arrival, the location of evidence and investigators' actions. Officers published stills and played the recordings in court; defense counsel objected at times to the length and repetitiveness of the displays and questioned whether the prosecutor’s viewing software reoriented the fisheye images.

Judge Stephanie Boyd allowed publication after the state authenticated the recordings and the owner confirmed he provided the files to police. The court also admitted several video exhibits without objection after the state proffered the owner as a witness who had prepared and delivered the recordings.

Why it matters: the restaurant surveillance is central to the state's timeline and to identifying the vehicle and what occurred moments before the victim fell from a vehicle. Defense lawyers probed image quality and argued footage was distorted and at times unclear; officers acknowledged some views were distorted but said the clips were sufficient to show a black four‑door sedan and the sequence of events.

Technical note: the footage came from the restaurant’s DVR and cloud system; the owner demonstrated he had the DVR access on his laptop and identified the disc that contains the surveillance files.

Courtroom dispute: defense counsel objected to manipulating the view for clearer orientation; the judge allowed reorientation for viewing but the defense asked the record to show the prosecutor used menu operations in the playback program to change the view.

The jury will see the footage again as additional witnesses and exhibits are offered during the prosecution's case.","The prosecution played restaurant surveillance and officers' body‑worn camera video that prosecutors say show a black sedan entering the Chick‑fil‑A parking lot with a person on the hood and a front‑passenger exiting before the car fled; the restaurant operator provided the original files to police.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6090463,"Prosecutors introduce crime‑scene findings including 9mm shell casing and gunshot‑residue kit",11821,579000,12400000,"/Search/View?dp=1&key=2866896-6b3d9c2750728f096276f375d784da10&start=579&end=12400","https://assets.pipeline.soar.com/2866896-6b3d9c2750728f096276f375d784da10/thumbnail_579000.jpg","/articles/6090463/Texas/Prosecutors-introduce-crimescene-findings-including-9mm-shell-casing-and-gunshotresidue-kit","https://secure.pipeline.soar.com/6090463-24da3195628d50b106d1b49415dccc39/orig.mp4?Expires=1775406791&Signature=dtee2qfkBtTY8jKPqSZRcLs66djbfmUdeYRj0EZJBjvAbmfA34cZhQ4AXAB9VXTGxKqRI-5LGiFcy~O04xNxBX69INfwhoIkNH1YgJN4X-~9WKAyAfWukiTGeWRr933SSnCqkf--RFnZ~NNDsMwWKYwVu8FAEYDzo3kaU-hCm8GqfUZAEpkDFhBYD-pCRVgsn-bdmiocn~XbQCG8LYnGAldVFeuuTmAqJUuScHEkdRipDaiY0yb513i4UNBhEoZQSKM94Qa9GmbNOvNF4I1JfRK07wcwPgcPRn9bamQFfVD85XDI553PvcRemdXPiy3AuFVNeF22E97I4-h4t6SurQ__&Key-Pair-Id=KUT5TJCACFTXG","San Antonio Police Department crime‑scene investigators and patrol supervisors told jurors on April 23, 2017, that officers found a 9mm shell casing near the body at the Chick‑fil‑A parking lot linked to case SAPD17089350.

The testimony focused on how evidence was identified, documented and packaged for the property room. Kasr Umler, identified on the record as a crime‑scene investigator, testified that she assisted at the scene, prepared a sketch and located a shell casing she described as “a 9 millimeter” and that the gunshot‑residue (GSR) collection she performed was secured and labeled for the property room. “The SAPD case number is, SAPD17089350,” Umler said while identifying her report.

Why it matters: the casing, the accompanying GSR kit and the state’s scene photographs are central to linking a shooting that left a man dead with other pieces of physical evidence and surveillance shown to the jury.

Details of processing and packaging were explained in court. Umler said the GSR kit used two vials, one per hand, and that she followed the department’s procedures for sealing and labeling the samples before turning them into the property room. She described preparing a crime‑scene sketch (admitted as an exhibit) and identified a placard labeled E1 on the sketch that corresponded to a shell casing observed at the scene.

Sergeant Robert Mount and Detective Matthew Flores also testified about on‑scene observations. Mount said a shell casing was visible in a crevice near the victim; he read the headstamp and testified he could identify the maker and caliber, stating it was “a Blazer Luger, 9 millimeter round.” Mount said he did not pick up the casing because CSIs would process it for fingerprints and DNA.

The state introduced physical items later identified at the property room and offered them into evidence. During the testimony the defense pressed that different CSIs may have applied the same E1/E2/E3 labels in different ways while multiple investigators worked the scene; witnesses acknowledged multiple CSIs used their own evidence labels and that barcoding was completed later at a crime‑lab office.

The testimony established the existence and chain of documentation for the items introduced at trial; defense counsel objected at various points to aspects of the foundation and relied on cross‑examination to highlight gaps in who physically collected or processed particular items.

A limited final note: several officers testified that Kimberly Wong, identified in reports as an evidence technician, marked and collected some items (including the bagged casing and other evidence). Wong was not on the stand; several witnesses referred to her report and to markings bearing her initials when describing how evidence was labeled and later logged into the property room.","San Antonio crime‑scene investigators and patrol supervisors testified about evidence collected at the April 23, 2017 Chick‑fil‑A shooting scene, including a 9mm shell casing, a gunshot‑residue kit taken from the deceased, a crime‑scene sketch and photographic exhibits admitted into evidence.","actionData","errors"]

Article not found

Bystander testifies he retrieved a phone from Chick‑fil‑A parking lot and turned it over to officers

Defense presses chain‑of‑custody and cumulative evidence objections; state withdraws CD exhibit and offers still photos

Chick‑fil‑A surveillance and police body‑camera video shown to jury; footage depicts black sedan and victim on hood

Prosecutors introduce crime‑scene findings including 9mm shell casing and gunshot‑residue kit