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Barry Braswell, Witness for the State


THE COURT: You may stand and stretch, if you'd like, members of the jury, stand up and take a stretch.

Next witness, please.

MR. PANOSH: Mr. Braswell, please.

BARRY BRASWELL, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, Sir.

A    Barry Braswell.

Q    Mr. Braswell, are you acquainted with Patricia Kimble, the deceased in this case?

A    Excuse me?

Q    Do you know Patricia Kimble?

A    Yes.


Q    How did you know Patricia?

A    I went to high school with her. And I went to her church.

Q If you could keep your voice up a little bit, so these folks down here could hear your answers, I'd appreciate it. You said you went to high school with her?

A    I went to school with her and I went to church with her.

Q    Okay. And that would be the South Elm Street Baptist Church?

A    Yes.

Q    And so, you were an acquaintance of hers at the time of her death?

A    Excuse me?

Q    You were seeing her from time to time through those associations at the time of your death -- of her death?

A    Before her death, yes.

Q    Okay.

A    I mean --

Q    When was the last time you saw her?

A    October 9th, around -- between 3:30 and quarter to 4:00, on Randleman Road and Creek Ridge.

Q    Would you describe that for the jury, please.

A    Yes. I was -- I had come home from work, and I had hurt my leg back then, and I had to wear a leg brace, and I


didn't have it with me, so I was going home to get it. I had went home and picked it up. I was going back to work. And between 3:30, quarter to 4:00, I came up beside her in my truck -- I mean, her car, and I tried to get her attention. I beeped the horn. She wouldn't look at me, until we got right up to the stop light, and then she looked over and she recognized who I was. Because at that time, I had just bought a new truck. And she rolled the window down and I let mine down, and we spoke briefly, "Hey. How are you doing?" And she told me she liked my truck.

Anyway, the light changed, and I just -- we said good­bye, and I went on up, and she went in -- she was -- she headed towards town, north on 220. And I turned left on 40 West. And that was the last time I seen her.

Q    So before you actually spoke to her, you were traveling parallel for a short period of time; is that correct?

A    Yes.

Q    And--

A    That's when I recognized who she was. I mean, I had looked over at her. I had recognized her -- recognized her car, you know, and it being her, and I was looking to see if it was her, and it was.

Q    When you say you recognized her car, what car was that?

A    Well, I meant, I had seen it so many times, at church. I knew it was her car, from her driving. I didn't really --


I never actually looked to see what the make it was or anything.

Q    And when you spoke to her, what was her demeanor? How was she acting?

A    Kind of distant, like she had something on her mind.

Q    And other than saying "Hello" and pointing out the fact that you had a new truck, did you have any further conversation with her?

A    No. She was -- like I said, she was distant. She had something else on her mind, and she was just "Hey," pretty much, "How are you doing?" And she asked -- I think she had asked me how my wife was doing at the time.

MR. LLOYD: Excuse me. I didn't hear the witness, Your Honor.

THE WITNESS: Excuse me?

THE COURT: Repeat your answer, Mr. Braswell.

A    I think she had asked me how my wife was doing or something, but other than that, just small talk, nothing I don't know.

Q    And your best estimate of the time is what, sir?

A    I didn't hear you.

Q    The best estimate you have of the time that you saw her is what?

A    Somewhere between 3:30 and a quarter till.

MR. PANOSH: No further questions.


THE COURT: Mr. Lloyd, Mr. Hatfield?

MR. HATFIELD: Mr. Lloyd.

THE COURT: All right, sir.


Q    Mr. Braswell, when you actually got Patricia’s attention, you were at a traffic light; is that right?

A    Yes.

Q    Do you remember what the intersection was?

A    Yes. Creek Ridge Road and Randleman Road.

Q    All right. And is that a fairly busy intersection?

A    Usually during the day, yes, it is.

Q    All right. And--

A    But it wasn't right at that --

Q    All right.

A    -- particular time --

Q    All right.

A    -- because we were the first two sitting at the stop light.

Q    But you were in one lane and she was in the other lane; is that correct?

A    Yes.

Q    And at that time, you were both heading in the same direction?

A    Right.

Q    All right. And so, this conversation transpired, you


were talking across your truck --

A    Yes.

Q    -- was the way? I take it the window was rolled down?

A    Yes.

Q    All right. And she was sitting in the next lane over, sitting in the driver's seat?

A    Yes.

Q    All right. Now, you had a new truck at that time?

A    Yes.

Q    So when you first attempted to get her attention, she probably wouldn't have recognized your truck, because it was new, would she?

A    Right.

Q    All right. And this conversation that you carried on was just right there at the traffic light for the duration of the light, whatever that was?

A    That's right.

Q    All right. And you say that you said something to her about the fact that you had gotten a new truck; is that correct?

A    Yes.

Q    All right. And she responded, said something like "Well, that's a nice truck" --

         A    Yes.

Q    -- or something of that sort? And then she said


something to you along the lines of asking how your wife was doing?

A    Yes.

Q    All right. So it was basically just a very small-talk conversation there at the stop light and that was it?

A    Yes.

Q    And then the light changed and you both drove on off?

A    Yes.

Q    Now, you indicated that you recognized patricia's car?

A    Yes.

Q    Do you remember what that car was?

A    No.

Q    All right. Do you remember what color it was, Mr. Braswell?

A    I don't right now, no.

Q    All right. And the direction that you were both traveling in at that time, were you in a turn lane? I mean

A    No. I was in the left lane and she was in the right line.

Q    All right.

A    It's a two-lane road --

Q    But you were --

A    -- I mean, two lane.

Q    -- going back into town; is that correct?


A    Yes.

Q    All right. And at the time that you turned off and Patricia kept on going straight, I guess, she was going into town at that time?

A    Yes.

Q    All right. So at the last time you saw her, she was headed in towards town?

A    Yes.

Q    And as far as the time was concerned, do you recall telling investigators when they first questioned you about this that the time that you remembered, as far as what time you and Patricia saw each other, was 3:40 to 3:45? Do you remember telling investigators that?

A    I remember Detective Church, talking to him on the

phone and saying that, but it was -- I didn't look at my watch when I pulled up -- when I seen her. I knew it was in that time, because I knew I had to hurry up and get back to work.

Q    All right.

A    Because I lived -- I had lived quite a distance from -- I had a good travel. I mean, it was like 38 miles from work to home, to where I live.

Q    So you didn't just, when you were having a conversation with Patricia, didn't --

A    No.


Q    -- turn your watch over and look at it at that time?

A    No.

Q    Nevertheless, when you talked to Detective Church, this was shortly after Patricia had been killed, wasn't it?

A    Yes. I was -- he had got in touch with me. He had called me.

Q    All right. And it was within a week or two after she had been killed?

A    I think so.

Q    All right. And of course, the events at that time were

much fresher in your mind than they are now?

A    Yes.

Q    And at that time, you told Detective Church that as far as you could remember, the time that you saw Patricia at this time was between 3:40 and 3:45?

A    Yes.

MR. LLOYD: That's all I have, Your Honor.


Q    Sir, are you familiar with the Cinnamon Ridge Apartments?

A    Yes.

Q    And how long would it take to get from Cinnamon Ridge to the location where you saw Patricia?

A    Well, it depends on traffic. I mean

Q    Could you give us an estimate, please.


A    Ten minutes. Because there is another stop light in between the intersection that we were at.

MR. PANOSH: Thank you very much.

THE COURT: Step down, sir.

(The witness left the witness stand.)

THE COURT: Next witness, please.



Published August 15, 2006.  Report broken links or other problems.

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