Witnesses describe late-night bar ride, flat tire and conflicting statements in Ashbaugh shooting-related trial testimony

Two witnesses in the trial of Tyler Ashbaugh described interactions on and after the night of May 20, 2022, including a late-night bar visit, travel between O'Connor Road and residential streets, a flat tire on a Nissan Rogue and differing accounts given to police.

The testimony matters because the witness accounts bear on where the defendant and others were the night of May 20–21 and what, if anything, they told friends and police about being shot at or involved in a shooting. The state relied on the witnesses to reconstruct travel routes and communications; defense counsel probed inconsistencies between the witnesses’ in-person testimony and earlier recorded interviews.

Joseph Gonzales, who identified himself on the record as 74 and said he has an architecture practice, testified for the state about vehicle ownership and exhibits. On being shown an insurance document he said, “It looks like an insurance document,” and identified names on the policy and a listed vehicle as a “Nissan Rogue.” He also identified reading glasses shown in photographic exhibits as resembling his older pair.

The prosecution later called Harold Clements (surname appears in record also as “Clements”/“Collins”), who told the court he picked up the defendant after a visit to a bar and followed the defendant’s vehicle for part of the route. Clements testified he and the defendant had gone to 2 Rivers Tavern and left around last call; he said he followed the defendant’s car, became separated after the defendant turned left off O'Connor Road and later found the defendant at his father’s house where the Nissan had a flat tire. Clements testified the defendant told him he had been shot at; when asked whether he personally saw the shooting, Clements said, “No. I did not see him get shot at the line. He told me he got shot.”

Defense counsel highlighted differences between Clements’ in-court testimony and statements he gave earlier to Detective Martinez. At multiple points Clements acknowledged discrepancies about whether he had told the detective he had been on O'Connor Road following the defendant and whether he told the detective certain other details. The defense and prosecution played portions of the recorded interview and reviewed cellphone text exhibits (the state offered Exhibit 66 into evidence); counsel argued about foundation and the witness’s recollection while the court ruled on admissibility and foundation objections.

Other details elicited at trial: Gonzales said he had been asking his son for a vehicle back between May 14 and May 20, 2022; photographic exhibits of the Nissan Rogue’s interior and floorboard were shown and Gonzales testified the glasses in photos appeared to be his. Clements acknowledged drinking the night in question and said he and the defendant briefly slept at a Motel 6 before Clements dropped the defendant off at his apartment the next morning. He also testified that after seeing news reports the next morning he believed officers had been fired upon in the area; he denied that the defendant told him he had fired at police.

Ending: The court received several exhibits into evidence and the trial continued with cross-examination focused on inconsistent statements and witnesses’ recollection; jurors were excused for lunch on the trial day recorded in the transcript.