Testimony by Lon Horiuchi in the Randy Weaver Trial

Cross-examination by Gerry Spence:

Spence: “This is the gun you shot Mrs. Weaver with and Mr. Weaver with and Mr. Harris with’ Gerry Spence asked, “isn’t it?”

Horiuchi: “Yes, sir, it is.”

Spence: ....“You intended to kill both [Kevin and Randy], didn’t you?”

Horiuchi: “Sir, if they came out all at one time, we were intending to take them all out at one time, versus waiting for one individual to come out and take him piecemeal. Our normal procedures are whenever you have more than one subject, you try to take them out one at a time.”

Spence: “You testified yesterday the reason you didn’t shoot them [at first is because you hadn’t expected them to come into sight, that they surprised you?”

Horiuchi: “Yes, sir.”

Spence: “I take it that had you known they were going to be in that position, had you been ready, you would have shot at that point.”

Horiuchi: “Probably not, sir.”

Spence: “Well, I’m confused. You tell me the reason you didn’t shoot is because they surprised you.”

Lindquist: "Objection."

Spence: “You saw somebody you identified as Kevin Harris?”

Horiuchi: “Yes, sir.”

Spence: “You see him in the courtroom?”

Horiuchi: “Yes, sir, I do.”

Spence: “That’s the man you were going to kill, isn’t it?”

Horiuchi: “Yes, sir.”

“Spence: You wanted to kill him, didn’t you?”

Horiuchi: “Yes, sir.”

[Spence asked about the second shot:] ... “Just before you shot, you knew the door was open, didn’t you?”

Horiuchi:“At that time, yes sir.”

Spence: “Didn’t you know that there was a possibility of someone being behind the door?”

Horiuchi: “There may have been, yes, sir.”

Spence: “You shot twice and both times you made mistakes; is that correct?”

Spence: ....“You heard a woman screaming after your last shot?”

Horiuchi: “Yes, sir, I did.”

Spence: “That screaming went on for thirty seconds?”

Horiuchi: “About thirty seconds, yes, sir.”

Spence: “I want us to just take thirty seconds, now pretend in our mind’s eye that we can hear the screaming—” [Spence says nothing and looks at the wall clock as it ticks off 30 seconds.]les—shooting to protect someone else.

Cross-examination by David Nevin:

Nevin: .....“But you were waiting to kill them irrespective of a threat, weren’t you?”

Horiuchi: “Based on the rules, sir, we could.”

Nevin: “Mr. Horiuchi, I’m going to put my arm right next to the door. [Nevin stands behind the cabin door with its curtains drawn.] Would you do me a favor? Would you say ‘bang’?”

Horiuchi: “Bang.”

Nevin: “Did I flinch?”

Horiuchi: “I can’t tell, sir.”

Nevin: “You can’t see me, can you?”

Horiuchi: “No, sir’

Cross-examination by Gerrry Spence [after discovery of Horiuchi's sketch]:

Spence: “Let’s assume... the curtain at the bottom of the window was open approximately seven or eight inches. You could have seen the movement of those two heads across there, couldn’t you?”

Horiuchi: “If the curtain was open, yes, sir.”

Spence: “You could have seen Vicki Weaver standing there, couldn’t you?”

Horiuchi: “Yes, sir, if the curtain was open.”

Spence: “You did see her, didn’t you?”

Horiuchi: “No, sir, I did not’

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