Next witness, please.

MR. PANOSH: Mr. Faulk, please.

BRADLEY SCOTT FAULK, being first duly sworn, testified as follows during DIRECT EXAMINATION by MR. PANOSH:

Q    Would you state your name, sir.        

A    Bradley Scott Faulk.              

Q    Mr. Faulk, are you a firefighter, also?

A    Yes, sir.           

Q    Volunteer or paid?

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A    Paid firefighter at Winston-Salem, volunteer at Pleasant Garden.

MR. HATFIELD: I couldn't hear the last thing he said.

A    Volunteer at Pleasant Garden.

Q    And in your capacity as a volunteer at Pleasant Garden Fire Department, did there come a time on October the 9th of 1995 when you responded to Brandon Station Court?

A    Yes, sir.

Q    How did you get the call?

A    Through pager systems we carry with us.

Q    And did you respond in the truck or by your private vehicle?

A    Yes, sir. I was at the fire house when the call came in.

Q    So you were on the first truck?

A    Yes, sir.

Q    Tell the ladies and gentlemen of the jury what you did, in your efforts to fight the fire.

A    When I first arrived, we seen we had smoke coming from the bottom of the house and out the flue pipes. We pulled a tack line, went into the garage. There's a glass door. We seen we had a bunch of intense heat. There was not many personnel on the scene yet in turnout gear. We were getting prepared to go in. I was asked to, since I had on an air

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pack and full equipment, to go around back and put a ladder up against the house and search the back bedroom.

I put the ladder up, knocked the window out. And the heat was so intense in the room that I couldn't get in. The smoke was so thick, I couldn't see. So I just felt right over the side of the window, to make sure there wasn't no body or anyone laying there that was trying to get out. Went back around and get on the hose line going --

Q    Before you go on, sir, which -- on the diagram, which bedroom was that?

(The witness approached the diagram.)

A    This would be the back bedroom right here.

(Indicated.) This window here. (Indicated.) Laddered it, and I busted it and stuck my arm, and I looked to see if I could feel anything.

(The witness returned to the witness stand.)

Q    Yes, sir. What did you do next?

A    Next, I went back around to the front, to the garage area, where they were prepared -- had water on the hose line. And I asked if everybody was ready. And I reached across the top of them, and we were prepared to go in, and I opened up the door, and we went in that two or three foot that we made it and backed back out.

Q    When you first approached the door, was it closed?

A    Yes.

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Q    When you first attempted to open it, was it locked?

A    No. I had no problems at all. We -- I come back around, asked them if they were ready. The hose line was charged. They said they were ready. I reached right up above the top of them and pulled the door, and we proceeded in. No problem.

Q    So all you had to do was turn the knob?

A    Right.

Q    And you said you got two to three feet in and you had to back out?

A    Yes, sir.

Q    What did you do after that?

A    We -- Allan's bottle started going off. We had to change manpower on the line. The next man went up. Another person got on the line with us. And we started hollering for ventilation and get us some help and reorganized a little bit, to get things where we could get situated to go into the house.

Q    Did there come a time when you were able to make a second entry?

A    Yes. The -- evidently someone besides -- when I ventilated the back, we got some fans and everything set up, and somebody ventilated the front or got access in and got some more fans set up, and the smoke and heat was starting to thin out just a tad bit.

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Q    Now, do you recall what the condition of the front door was when you approached that home, not the one you entered, but the front door?

A    I just remember, to the best of my knowledge, it was a wooden front door. And I never attempted it. We was -- we was straight at the garage door.

Q    Wooden front door in a closed position?

A    Yes.

Q    On your next entry, what occurred?

A    We proceeded to go in, sprayed a little water. And that's when we realized that we bumped -- something was around our feet. The first man on the line said that he was bumping into something. The second guy shined a light, and we found a gas can sitting in the kitchen floor. And I picked it up and moved it, because I felt it and it had something in it, and I figured it was best that we didn't have gas inside of a room we was trying to fight a fire in, so I took it outside.

MR. PANOSH: May I approach?

THE COURT: Yes.

Q    Can you use the diagram to show where you located this gas can?

(The witness approached the diagram.)

A    We were making entryway right through this door right here. (Indicated.) And I want to say it was just somewhere

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right around inside of -- right around in here. (Indicated.)

Q    About where that Number 1 is printed?

A    Pretty much so, yes. I mean, as soon as we got in the door good is when we started running into trouble. (The witness returned to the witness stand.)

Q    Showing you then 10 and 10-A, do you recognize those, sir?

A    Yes, sir. That looks like the gas can I had.

Q    And you said you removed it. Did you move it to the back yard, or where did you put it?

A    I took it out to the garage area, and then I -- I believe I picked it up and took it on outside the garage. I can't remember exactly if I done that or not. In fact I did. I know I went outside and told someone that we found a gas can and they needed to keep an eye on it, because it was inside of the house when we went in.

Q    But the purpose of moving it was to get it away from the --

A    To get it away, for our safety.

MR. PANOSH: We seek to introduce 10 and 10-A.

THE COURT: The Court'll allow the introduction of State's Exhibits 10 and 10-A.

Q    After removing the gas can, what did you do in the

course of fighting the fire?

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A    I went back in, followed the hose line in, and proceeded on with the crew I was with.

Q    Tell us what you did, sir.

A    At that time, we -- the smoke was starting to thin out just a tad bit more, and the heat was getting where you could be a little bit more comfortable in there. And I pulled the ceilings down, sort of in the living area, right there at the entrance to the hall, to the best of my knowledge. I pulled the ceilings, climbed the ladder inside the house, checked up -- stuck my head up in the attic, looked for an extension of fire, sprayed a little water up there on some rafters and things that was on fire, and come back down, and proceeded to go down the hall, and check the back bedroom on the left, going down the hall.

Q    That would have been the bedroom that you tried to make entry --

A    Yes, sir.

Q    -- into from the outside? When you went in there, what did you see?

A    It was me and a fellow firefighter, and we went in, and we noticed then that -- I remember saying to him that "Something ain't right. Watch what you touch." We found the dog laying in the bathroom, done a thorough search, and then backed back out.

Q    When you say "a thorough search," were you looking for

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objects or people?

A    We was looking for victims at this time.

Q    So you didn't go through the items that were --

A    No. We touched nothing unnecessary. We was just looking for a body.

MR. PANOSH: May I approach?

THE COURT: Yes, sir.

Q    Showing you now what's been marked as 28 through 35, would you look at those photographs, please.

(Time was allowed for the witness.)

Q    Does that show the back bedroom that you made reference to?

A    Yes, sir.

Q    Now, other than breaking the window, as you previously described, did you cause any damage or disarray to that room

A    No, sir.

Q    -- in the course of fighting the fire?

A    No, sir.

Q    And do those photographs accurately depict the way it looked, once you were able to see inside there?

A    Yes, sir.

MR. PANOSH: Your Honor, we'd seek to introduce those into evidence.

THE COURT: The Court'll allow the introduction of

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State's Exhibits 28 through 35.

Q    Now, off of that master bedroom, there's a bathroom which is designated for the master bedroom; is that right?

A    Yes, sir.

Q    Do you see those next two photographs?

A    Yes, sir.

Q    What are those numbers, please?

A    36 and 37.

Q    Drawing your attention to 36 and 37, do they show the interior of that bathroom?

A    Yes, sir.

Q    And you made reference to a dog that was dead in that room?

A    Yes, sir.

Q    Does it show the body of the dog?

A    Yes, sir.

Q    Could you use the diagram to point out where that

bathroom is on the diagram?

(The witness approached the diagram.)

A    It would be this bathroom right here. (Indicated.)

Q    Thank you.

(The witness returned to the witness stand.)

MR. PANOSH: Seek to introduce 36 and 37.

THE COURT: The Court'll allow the introduction of State's Exhibits 36 and 37.

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Q    Now, at about this time, I understand the victim was found; is that right?

A    Yes, sir.

Q    And did you also then leave the interior of the house? A    Yes, sir. I made the same exit as Mr. Fields did.

Q    What else did you do in the course of your duties that night, sir?

A    That probably about sums up everything that I -- once the body had been found, I exited the house. I never went back in but one time. I was asked some questions later that night.

Q    You were asked questions by the sheriff's department --

A    Yes, sir.

Q    -- or the fire marshal's office?

A    Yes, sir.

Q    And did you participate in the investigation, by looking through materials in any way?

A    The next day, yes, sir, I did respond, when they asked for assistance.

Q    And you also looked at the materials that were in the front yard?

A    Yes, sir.

Q    And I believe you heard the search described as a bit-by-bit search. Did you find anything in that?

A    We shifted (sic) through the stuff, and nothing was

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found that I know -- that I was aware of.

Q    Did you participate in the search inside the house?

A    The next day?

Q    Yes.

A    No, sir.

Q    Just the materials that had been removed during the firefighting efforts?

A    When we arrived, there was some things already put out in the front yard, and we was asked to shift (sic) through it very thoroughly. And that's as far as I went.

MR. PANOSH: No further questions. Thank you, sir.

THE COURT: Cross-examine the witness, Mr. Lloyd?

CROSS-EXAMINATION by MR. LLOYD:

Q    Mr. Faulk, directing your attention to the gas can that you found in the kitchen area, what material was that can made of?

A    Red plastic, five-gallon gas can.

Q    And if you would, Mr. Faulk, if you could -- there should be a pencil up there.

A    Uh-huh.

Q    If you could just put a little circle on the area on the diagram where you found the gas can, the best of your recollection.

(The witness approached the diagram.)

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MR. PANOSH: It's already marked.

A    It's already -‑

Q    Well, it is -‑

A    It's right at this Number 1 right here -‑

Q    All right.

A    -- at the entryway from the kitchen floor.

(The witness returned to the witness stand.)

Q    And is that where you remember finding it, Mr. Faulk?

A    Yes, sir. We had just made entryway through the house.

Q    So it was almost right there in front of the door --

A    Yes, sir.

Q    -- when you first bumped into it?

A    Enough for three people to get in a door about as big as this area here, yes, sir. (Indicated.)

Q    All right.

A    Right inside the door.

Q    Now, you indicated that when you pulled the ceilings down, that you did notice that at that time, some of the rafters had caught fire?

A    Yes, sir.

Q    All right. And you just were able to spray a little bit of water on them --

A    Yes, sir.

Q    -- and put them out?

A    At that time, we had a different size hose inside the

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house. It was a little bit more accessible to maneuver, and just a little squirt.

Q    Now, the front door, not the one that you came in through the garage, but the front door, I believe you indicated on direct examination that that was a wooden door, and it was closed; is that right?

A    Yes, sir.

Q    All right. You don't know whether or not it was locked

A    No, sir.

Q    -- do you? You never tried that door?

A    No, I never myself, no, sir.

Q    All right.

MR. LLOYD: That's all I have.

THE COURT: Step down, sir.

(The witness left the witness stand.)

MR. PANOSH: Your Honor, may he be excused?

THE COURT: Any objection, gentlemen?

MR. LLOYD: No objection, Your Honor.

THE COURT: You may be excused.