10.Colton Kilgore — Direct
228 linesCOLTON KILGORE, duly sworn
COURT CLERK: Have a seat. State your name, spell your last name for the record, keep your voice up and speak into the mic.
COLTON KILGORE: My name is Colton Kilgore, and my last name is spelled K-I-L-G-O-R-E.
DIRECT EXAMINATION BY MS. PELLEGRINI:
MS. PELLEGRINI: Good afternoon, Mr. Kilgore. Would you tell the jury, please, where you reside by naming the city and the state?
COLTON KILGORE: Asheville, North Carolina.
MS. PELLEGRINI: And how long have you lived there?
COLTON KILGORE: I've lived there for four years.
MS. PELLEGRINI: And who do you live there with?
COLTON KILGORE: I live there with my wife and my eight-month-old daughter.
MS. PELLEGRINI: And are you employed at this time?
COLTON KILGORE: I am.
MS. PELLEGRINI: All right. Can you tell the jury what you do?
COLTON KILGORE: Well, I, for the last four years, have been self-employed as a mobile auto detailer, and I'm currently transitioning into a technical director in a new job for a traveling sort of Broadway-style production.
MS. PELLEGRINI: And for that production, what do your duties entail?
COLTON KILGORE: They entail running sound, lighting, producing videos, just to name the main ones.
MS. PELLEGRINI: All right. And do you have any other background in video and sound production?
COLTON KILGORE: Yes, I have a bachelor's degree in the electronic media communications, and I've been into video production/photography since high school just as a hobby.
MS. PELLEGRINI: And, now, Mr. Kilgore, your wife is who?
COLTON KILGORE: Kimberly Kilgore.
MS. PELLEGRINI: All right. And your extended family -- by that I mean -- I'm looking at Kimberly's family right now -- can you explain who your mother- and your father-in-law are?
COLTON KILGORE: Yes. My mother-in-law is Mona DiMartino, my father-in-law is David DiMartino, and Mona is -- she was running the marathon, and that's why we were there that day.
MS. PELLEGRINI: All right. So when you say "running the marathon," you're referring to the 2013 Boston Marathon. Is that correct?
COLTON KILGORE: Yes, that's correct.
MS. PELLEGRINI: All right. Let me just stay with your family for just a second. In addition to Kimberly, does Kimberly have any sisters?
COLTON KILGORE: Yes, she has one sister named Gina.
MS. PELLEGRINI: All right. When you came to the marathon in 2013, who came with you from the family group?
COLTON KILGORE: In our family group there was David and Mona, my wife, her sister Gina, her brother Peter, Peter's girlfriend at the time, Rebekah and her son Noah, as well as Kimberly's Aunt Paula.
MS. PELLEGRINI: All right. Now, when you say "her son Noah," this would be Rebekah's son Noah, correct?
COLTON KILGORE: Rebekah's son Noah.
MS. PELLEGRINI: All right. And in 2013 do you know how old Noah was?
COLTON KILGORE: He was five.
MS. PELLEGRINI: And when you came to Boston, did you come before the marathon?
COLTON KILGORE: We did. We came a couple of days before and spent a weekend just kind of doing touristy things: Going to Quincy Market and Faneuil Hall, went to a Red Sox game the day before and -- yeah, this was my first time here.
MS. PELLEGRINI: And on the day of the marathon, can you tell us how that day began for you?
COLTON KILGORE: Yeah, we were staying in a hotel outside the city. I don't remember exactly where. But we kind of slept in a little bit. My mother-in-law got dropped off at the start, and her heat wasn't starting till later so we just spent the morning kind of watching TV. And left late morning, hopped on the T, and we rode -- we got off at about the 16-mile mark in the marathon to watch Mona run by. And, yeah, we hung out there until we saw her run by, and from that point we headed downtown to watch the finish.
MS. PELLEGRINI: Now, Mr. Kilgore, were you familiar with the marathon route at that time in 2013?
COLTON KILGORE: No, not at all.
MS. PELLEGRINI: Are you familiar with it now?
COLTON KILGORE: Yeah, somewhat.
MS. PELLEGRINI: All right. Why are you more familiar with it now?
COLTON KILGORE: Because I ran the marathon in 2014.
MS. PELLEGRINI: All right. And so from that location where you all went to watch Mona run by, you said you went downtown. Where did you go to?
COLTON KILGORE: We went -- I believe we took the T down to the Arlington stop just past Copley because we didn't want to get off right at Copley, so we could spend a little more time walking to the finish line. And we met up with one of my father-in-law's friends, Mike. And he kind of led us down different streets. I remember walking up Newbury Street before cutting across to Boylston right where the finish line where the photo bridge is.
MS. PELLEGRINI: All right. And when you say "we," when you got to that location on Boylston near the finish line, who was with you?
COLTON KILGORE: The group that I named earlier was -- so David was there; Kimberly, my wife; Peter; Gina; Rebekah; Noah; Paula; and Mike, the friend.
MS. PELLEGRINI: And, Mr. Kilgore, did you have a camera with you that day?
COLTON KILGORE: I did.
MS. PELLEGRINI: What kind?
COLTON KILGORE: A Canon 7D.
MS. PELLEGRINI: All right. And did you take pictures of the scene?
COLTON KILGORE: I did. I was taking photos and video, because I do both, and I had taken pictures of Mona running by at the 16-mile mark, and had kind of just been snapping shots here and there of the crowd and runners and just the general goings-on.
MS. PELLEGRINI: All right. And before we get to the pictures and videos that you took, can you describe for the jury the -- as a first-time Marathon-goer, what were the crowds like?
COLTON KILGORE: They were a lot of fun. There was just a general sort of party atmosphere. And, you know, I've been to parades and events before but nothing quite like the Boston Marathon. And really, I had no idea going into it that it would be such a huge deal. But everyone was having a great time, the weather was pretty nice. It was sunny but a little chilly so we had jackets on. And, yeah, everybody was having a great time.
MS. PELLEGRINI: And that location on Boylston Street, can you tell us a little bit more about where you were, if you remember?
COLTON KILGORE: Yeah. So we had stopped at the photo bridge, and my father-in-law, David, decided to stay there so that he could get a picture of Mona crossing the finish line with the clock, and the rest of our group pushed forward because we wanted to kind of be more the direction the runners were coming from so that I could get photos and video of Mona as she ran by. So we -- our whole group except for David pushed forward until we were standing kind of directly in front of LensCrafters.
MS. PELLEGRINI: All right. Now, Mr. Kilgore, have you reviewed with me three video clips?
COLTON KILGORE: Yes, I have.
MS. PELLEGRINI: All right. And those three video clips, are those, in fact, videos that you took that day in April 2013?
COLTON KILGORE: Yes.
MS. PELLEGRINI: All right. Do you know some of the people who appear in the videos?
COLTON KILGORE: I do.
MS. PELLEGRINI: Are you also in the videos?
COLTON KILGORE: My voice is and my feet are. My shoes you can see.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: Can I pull up video -- I'm sorry. 11A, please. Before you start, Mr. Bruemmer.
MS. PELLEGRINI: So, Mr. Kilgore, this is the first video. Can you tell us briefly what we're about to see?
COLTON KILGORE: Yeah. So this video is one that I shot just as random runners were coming by. I was switching between photos and video, and this kind of just shows where we were standing and kind of what the atmosphere was like.
MS. PELLEGRINI: And does this fairly and accurately represent the scene that you saw and recorded that day on April 15, 2013?
COLTON KILGORE: Yes.
MS. PELLEGRINI: Your Honor, the government moves 11A into evidence.
THE COURT: Okay.
(Government Exhibit No. 11A into evidence.)
MS. PELLEGRINI: With that, can we play that, please.
(Video played.)
BY MS. PELLEGRINI:
MS. PELLEGRINI: So, Mr. Colton, what appears on the screen right now is the Boston Public Library. And is that where you were when you were recording this, directly across from there?
COLTON KILGORE: Yes.
MS. PELLEGRINI: All right. And are any of the family members that you mentioned -- can you see any of them in this video or is this just general?
COLTON KILGORE: It's just general. I think you may have been able to see the top of someone's head but nothing that you would be able to recognize them from.
MS. PELLEGRINI: All right. Thank you.
MS. PELLEGRINI: Continue?
PAUL BRUEMMER: That was the end.
BY MS. PELLEGRINI:
MS. PELLEGRINI: So, Mr. Kilgore, after this video was shot, what is the next thing that you remember happening?
COLTON KILGORE: After I shot that video, I took a couple of photos. And the last photo I snapped, it must have been right after I took the picture, was when I was blown through the air. And there's a deafening explosion. I remember just kind of seeing faces and bodies tumbling through the air. And I hit the ground and had no idea what was going on, had several thoughts go through my mind, like what happened. Was there a celebratory canon that went off or a fireworks display that went bad. But as I was sitting up my brain kind of was in a haze and I couldn't hear out of my left ear and there was just screaming. And I realized, no, this was something much worse than that, and it must have been a bomb. And as this was all happening I -- my camera is on a strap on me, and I just hit "record" and continued recording video as I got up and found my wife, made sure she was okay, and then tended to all of our family members who were severely injured.
MS. PELLEGRINI: All right. So why did you hit "record"?
COLTON KILGORE: I hit "record" because it is just a reflex to me. It becomes second nature. When I have my camera and something is happening, I want to document it. And, yeah, it's just I -- I've done that for years and years.
MS. PELLEGRINI: All right. Now, with respect to 11B and 11C, the two remaining video clips, have you had an opportunity to review those prior to coming into court today?
COLTON KILGORE: Yes.
MS. PELLEGRINI: And are these, in fact, videos that you recorded after the blast at the Boston Marathon in 2013?
COLTON KILGORE: Yes.
MS. PELLEGRINI: And do they fairly and accurately represent what both you were seeing and what you were recording at that time?
COLTON KILGORE: Yes.
MS. PELLEGRINI: Your Honor, I would offer Government's Exhibit B and C.
THE COURT: All right, subject to the ruling.
MS. PELLEGRINI: Right.
(Government Exhibit Nos. 11B and 11C received into evidence.)
BY MS. PELLEGRINI:
MS. PELLEGRINI: So, Mr. Kilgore, we're going to start with Exhibit 11B. And I'd like to, before we start, ask you to briefly explain to the jury what they're about to see.
COLTON KILGORE: In this video you are going to see a lot of chaos and a lot of people on the ground. There is smoke, there's shrapnel on the sidewalk that's smoking, there are people who are injured. And I believe in this video you will see Rebekah's leg injury. And, yeah, that's --
MS. PELLEGRINI: Now, during the time that this was being recorded, what -- you said you -- it was a deafening sound the first time. And then did that affect your hearing?
COLTON KILGORE: Yes, it perforated my eardrum and -- yeah, it affected my hearing. I couldn't hear for about a month after that.
MS. PELLEGRINI: But while this was going on, could you hear anything?
COLTON KILGORE: I could -- yeah, I could hear -- my right ear was fine but I had ringing in this ear, but I could hear muffled sounds and the screaming. And at one point I remember hearing the second blast and people commenting on it but having no idea what that meant because I was trying to stay focused on where I was.
MS. PELLEGRINI: And was there any smell that you recall?
COLTON KILGORE: Yes. The smell of smoke, kind of gunpowdery, blood, flesh. Just acrid, disgusting.
MS. PELLEGRINI: All right. And with respect to what you were seeing on the ground, could you describe that for us?
COLTON KILGORE: On the ground I remember seeing just chunks of metal, sort of like ball-bearings, BBs. At one point I was sitting -- because I was -- my sister-in-law, Gina, had -- she had had an artery and nerve severed in her right leg, and so she was laying there. And I had her lay back in my lap, and as I sat, I sat on something that burned me, and I realized that everybody laying there was just laying on this burning metal shards of stuff and glass and all kinds of just random stuff.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: Can we start 11B, please, Mr. Bruemmer. And stop at 5.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, do you know who this is?
COLTON KILGORE: Yes; that's Noah.
MS. PELLEGRINI: And what's happening here?
COLTON KILGORE: At this moment Noah is screaming and everyone around us is trying to figure out what happened. And there's yelling, there's crying. Noah had a shrapnel wound in his leg and so he was -- you know, as a five-year-old boy, obviously, like the rest of us, was terrified but didn't know where his mom was, didn't know what was happening. At the same time my wife, Kimberly, is standing up, going to take her jacket off and wrap it around her sister's leg as a tourniquet. And this is her Aunt Paula you see right here with the phone in her back pocket, and she's also doing the same.
MS. PELLEGRINI: Right here, the pocket?
COLTON KILGORE: Uh-huh.
MS. PELLEGRINI: All right. Thank you. Continue.
(Video played.)
MS. PELLEGRINI: Can we stop a second, Mr. Bruemmer?
MS. PELLEGRINI: Mr. Kilgore, do you remember where your camera was when it's taking the shot from this angle?
COLTON KILGORE: It was on the ground. At one point I set it on the ground while I stood up to find my wife, make sure she was okay. And as things were happening -- and it was just general chaos -- I kind of shifted the camera at one point and I moved it over here on the ground, put it back over my shoulder on the strap at one point later on.
MS. PELLEGRINI: All right. Do you remember seeing these?
COLTON KILGORE: Maybe not those specifically but other items like it.
MS. PELLEGRINI: And were those there prior to the blast?
MS. PELLEGRINI: You could continue on, Mr. Bruemmer.
(Video played.)
MS. PELLEGRINI: If we could stop right here.
MS. PELLEGRINI: And, again, do you know what happened to the camera when it was in this position?
COLTON KILGORE: I had set it down on the ground.
MS. PELLEGRINI: Thank you. Can you continue?
(Video played.)
MS. PELLEGRINI: And the smoke that's coming in from the side, do you know where that was coming from?
COLTON KILGORE: Some piece of burning material.
MS. PELLEGRINI: Stop right there, please.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, what are we seeing here?
COLTON KILGORE: That is my sister-in-law Gina's leg, and that's blood you see flowing on the sidewalk that most likely came from her severed artery.
MS. PELLEGRINI: Continue.
(Video played.)
MS. PELLEGRINI: And with respect to 11C now in evidence --
MS. PELLEGRINI: If we could have that, Mr. Bruemmer.
(Video played.)
MS. PELLEGRINI: Before we start -- so, Mr. Kilgore, what's happening here that we're about to see?
COLTON KILGORE: On this clip it's more of the same but by this point first responders had come in and I've -- I was a Boy Scout growing up and have basic first aid knowledge, but the one thing I do know is when people who know more than I do are on the scene, to not get in their way. So I was just trying to be there and comfort Gina and also listen to what the first responders were telling me to do. And during that time, like I said before, having a camera in front of me is something that's kind of second nature and it was something I knew how to do, so I just was pointing my camera around.
MS. PELLEGRINI: And with respect to the shot that is on the screen at the moment, do you know who this is?
COLTON KILGORE: I believe that is Karen Rand.
MS. PELLEGRINI: If we could play it, Mr. Bruemmer.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, who's this?
COLTON KILGORE: That is my sister-in-law, Gina DiMartino.
MS. PELLEGRINI: And what is happening here?
COLTON KILGORE: Right here -- she is in shock. We -- my wife had tied her jacket around Gina's leg, and I went over and at one point I leaned her back into my lap to try to just comfort her and to tell her to keep breathing, keep breathing, while first responders came over and checked out her leg and eventually asked if I had a belt on, and I gave them my belt, which they used as a tourniquet on her.
(Video played.)
MS. PELLEGRINI: Do you know the gentleman here?
COLTON KILGORE: Yes. That's my brother-in-law, Peter DiMartino.
MS. PELLEGRINI: And behind him is who, if you know?
COLTON KILGORE: The arm that's holding his head in the pink shirt there, that's my wife Kimberly.
MS. PELLEGRINI: Thank you. Keep going.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, we just saw a woman's face that's down here. It would be on the other side of Peter. Do you know who that is?
COLTON KILGORE: I didn't see the face in that shot but I know that on the other side of Peter was Rebekah.
MS. PELLEGRINI: All right. And Rebekah was Peter's girlfriend?
COLTON KILGORE: At the time, yes.
MS. PELLEGRINI: Okay.
(Video played.)
MS. PELLEGRINI: The little boy we just saw?
COLTON KILGORE: That was Noah.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: You can go ahead.
(Video played.)
MS. PELLEGRINI: And whose leg is this?
COLTON KILGORE: This is Rebekah's leg.
MS. PELLEGRINI: And why were you filming her leg?
COLTON KILGORE: Well, like I said earlier, I was sitting there, and as you could see, there were first responders who were kind of instructing me what to do and I was waiting to be told if I should stand up or if I should help with something. And Kimberly was sitting there between Peter and Rebekah and pointed at Rebekah's leg, and so I just swung my camera that way.
MS. PELLEGRINI: What do you remember you seeing about her leg?
COLTON KILGORE: Oh, I remember seeing her leg, it was right next to me, and thinking there is no way she's going to keep that foot.
MS. PELLEGRINI: Why?
COLTON KILGORE: It was so severely damaged that -- I mean, bones were sticking out of it. I've never seen anything like that before. And, you know, just the -- just realizing like it's -- it would be impossible for a doctor to save that.
MS. PELLEGRINI: We can continue, Mr. Bruemmer.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, we just heard someone yell the name "Colton." Who is that?
COLTON KILGORE: That was my wife Kimberly.
MS. PELLEGRINI: Okay. And what was she asking you or expecting you to do?
COLTON KILGORE: She said, "Stay with Gina" so that Gina would have someone with her to get her into an ambulance, and Kimberly ended up staying with Rebekah, and Paul ended up staying with Noah until he got to the hospital. So I stayed with Gina. And I don't know if you see it in the video, in a second I was asked to stand up and step out of the way, which I did, but I waited until Gina was pulled out and put into a wheelchair, and we then walked down Boylston Street away from the finish line and eventually got her into an ambulance.
MS. PELLEGRINI: If we could continue playing.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, what's happening here? Where are you going?
COLTON KILGORE: At this point I had stepped back because one of the first responders asked me to step and just wait until they could get Gina out. So I stood back. And I was standing there, half in shock myself, I just was kind of pointing my camera around, and a police officer came up to me and told me to stop and pushed me out of the way, at which point I said, "I was just in that. Can you look at me and make sure I'm okay?" because my jeans had been blown apart and my legs had cuts and burns on them and I could barely hear out of this ear. And so I was trying to explain to him that I was in that and I was waiting for my family to get taken out so I could stay with them.
MS. PELLEGRINI: Now, you told us about somebody using your belt for a tourniquet. Did you also use part of your jeans?
COLTON KILGORE: I tried to. When I realized that my jeans had been blown apart, kind of from the knee down, I looked at the -- the seam on my jean had kind of come like this, and I tried ripping it but I didn't have anything to cut it with, so I grabbed a random person, I don't remember if it was a police officer or someone working at the marathon, and they had either a knife or scissors and they cut it and they took it and I hope used it as a tourniquet. But that was definitely my intention when I was ripping my jeans.
MS. PELLEGRINI: Okay. Can you continue to play it.
(Video played.)
MS. PELLEGRINI: Mr. Kilgore, you said that you left the area by walking down Boylston Street?
COLTON KILGORE: Yes.
MS. PELLEGRINI: All right. And from that area, where did you go to?
COLTON KILGORE: The -- so we walked down Boylston Street, probably past the second bomb site -- I just remember walking for a very long time -- until we got to the point where ambulances were being pulled in. At that point I helped pick Gina up out of the wheelchair, put her on a stretcher, and they loaded her into the ambulance. And I tried to get in with her but they wouldn't let me because there was another person in there who had lost a leg. So I quickly wrote down the ambulance company and the number that the ambulance had written on the side of it because I didn't know if I would be able to track Gina down. So her ambulance left, and then some EMTs had me lay down and they cut my jeans open further to make sure that I didn't have any injuries that I didn't know about. And after that, I climbed into an ambulance with two other people and they drove us to Massachusetts General Hospital.
MS. PELLEGRINI: Now, before we go to Mass. General --
MS. PELLEGRINI: Can we pull up Exhibit 8, which I believe is already in evidence?
MS. PELLEGRINI: Mr. Kilgore, I would like you to take a look at this photograph and ask you if you see yourself in there?
COLTON KILGORE: I do.
MS. PELLEGRINI: And you can, by touching the screen, and I recommend the pad of your finger, point out where you are in that photograph?
COLTON KILGORE: Right there.
MS. PELLEGRINI: And can you tell us who is around you, if you know?
COLTON KILGORE: Yes. So there's a pink shirt to my left, a pink kind of plaid shirt. That's my wife. And then -- can I touch the screen again to show you?
MS. PELLEGRINI: Yes.
COLTON KILGORE: Right here is Gina, and over here is my father-in-law's friend Mike. And I don't think you can see him, but Peter is in here somewhere, probably blocked by one of our bodies.
MS. PELLEGRINI: And, Mr. Kilgore, given your location here, where is this in relation to where you were standing before the bomb went off?
COLTON KILGORE: It's hard to tell. And I've tried to figure it out myself just from looking at different photos and video, but I was definitely knocked off my feet in this direction and probably a couple of feet away from where I was standing when the bomb went off.
MS. PELLEGRINI: All right.
MS. PELLEGRINI: Thank you, Mr. Bruemmer.
MS. PELLEGRINI: Now, when you got to Mass. General, what happened?
COLTON KILGORE: When I got to the hospital, they made me sit in a wheelchair and they pushed me into the ER. And I was just taken in to get looked at. And a doctor came in and checked out my ear and told me that it was perforated. And they examined -- I had very minor burns on the side of my arm and my leg had lots of cuts and scrapes, and they pretty much told me, "You're going to be okay. We can keep you here longer if you want to, you know, clean your wounds, but if you need to get out of here quickly to find family, you can clean them yourself later on in the shower" or something. And I said, "Yes, please, just let me go." And while I was sitting in there waiting for the doctor to see me, I was texting my wife, Kimberly, who I had no idea where she was, finally found out she was at Beth Israel with Rebekah, and she was trying to piece together where the whole family was. So we found where everyone was except for my father-in-law whose phone had died, and at that point we didn't know where he was or if he was alive or injured or anything like that. So after they let me leave, I went to the desk and I asked them to look up in their database if anyone with the last name "DiMartino" was there, and they found Peter and they told me he was about to go in for -- I believe it was a CAT scan. And so they took me to him as he was being wheeled through the halls and I told him, "Hey, I'm here, man. I'll be here waiting when you get out." And they took him in behind the doors, and while I was standing in the hallway waiting for that scan to be finished, that's when my father-in-law, David, came walking around the corner. And he had walked to the hospital from the finish line with a dead cell phone.
MS. PELLEGRINI: And did you find out what injuries Peter suffered?
COLTON KILGORE: Yeah. So Peter had a 90 percent tear of his Achilles tendon in addition to other burns on his back and legs, lots of shrapnel embedded in his legs.
MS. PELLEGRINI: And Gina?
COLTON KILGORE: Gina had a severed artery and nerve in her right lower leg.
MS. PELLEGRINI: And, Mr. Kilgore, were you able to -- let me ask you this: When did you go home?
COLTON KILGORE: I went home about two weeks after the bombing happened. We stayed in Boston to give support to our family who were all in the hospital, but after about two weeks of that, it was time for us to leave. And I -- being self-employed at the time, I had no one to work for me and had no way of supporting my family if I didn't go home. So my wife and I left, it was either the last week of April or first week of May, and went back home to North Carolina.
MS. PELLEGRINI: Thank you.
May I have a minute, your Honor?
(Counsel confer off the record.)
MS. PELLEGRINI: Thank you, Mr. Kilgore. I have no further questions.
MS. CONRAD: I don't have any questions. Thank you.
THE COURT: No questions? Okay. Thank you, sir. You may step down.
(The witness is excused.)
MR. MELLIN: Your Honor, the United States calls Rebekah Gregory.