8.Miguel Colon — Direct/Cross
276 linesMIGUEL COLON, 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 so everybody can hear you.
MIGUEL COLON: Miguel Colon, C-o-l-o-n.
DIRECT EXAMINATION BY MR. MELLIN:
MR. MELLIN: Good afternoon, sir.
MIGUEL COLON: Sir, good afternoon.
MR. MELLIN: Sir, where are you employed?
MIGUEL COLON: I was born in Puerto Rico.
MR. MELLIN: I didn't ask where you were born. I asked where you were employed.
MIGUEL COLON: Oh, sorry. I'm employed for the Watertown Police Department.
MR. MELLIN: Okay. That's all right. Where were you born?
MIGUEL COLON: Puerto Rico.
MR. MELLIN: You're dying to tell us so we'll get to it.
MIGUEL COLON: I got everyone smiling here.
MR. MELLIN: At some point did you move from Puerto Rico to the United States?
MIGUEL COLON: Fourteen. I was fourteen years old.
MR. MELLIN: Where did you move to?
MIGUEL COLON: Lawrence, Mass.
MR. MELLIN: Did you go to high school in that area?
MIGUEL COLON: Lawrence and Belmont High.
MR. MELLIN: Did you also go to college at some point?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Where did you go to college?
MIGUEL COLON: UMass Boston.
MR. MELLIN: At some point did you join the Watertown Police Department?
MIGUEL COLON: Yes, sir.
MR. MELLIN: What year was that?
MIGUEL COLON: 2006.
MR. MELLIN: From 2006 'til 2013, were you employed by the Watertown Police Department?
MIGUEL COLON: Yes, sir.
MR. MELLIN: As you sit here today, are you still employed by them?
MIGUEL COLON: Yes, sir.
MR. MELLIN: What job assignments have you held while you're been employed at the police department?
MIGUEL COLON: Night patrol.
MR. MELLIN: Let me take you back to April 19, 2013. At some point did you respond to the scene on Laurel Street?
MIGUEL COLON: Yes, sir, I did.
MR. MELLIN: Do you recall about what time you responded?
MIGUEL COLON: Approximately quarter of 1.
MR. MELLIN: When you drove up, what happened?
MIGUEL COLON: I saw a scene. Sergeant MacLellan and Officer Reynolds were engaged in a gunfight.
MR. MELLIN: Let me ask you if you could please look at Exhibit 771, which is already in evidence. Officer Colon, as you look at 771, do you recognize it?
MIGUEL COLON: Yes, sir.
MR. MELLIN: What is that?
MIGUEL COLON: Watertown, Mass., Laurel Street area.
MR. MELLIN: Do you recall how it is you got to the scene at Dexter and Laurel?
MIGUEL COLON: How I arrived there?
MR. MELLIN: Yes.
MIGUEL COLON: I knew the gunfight was somewhere in Laurel Street. I took Arsenal Street, went northbound on School Street, past Laurel Street. I don't know if I can --
MR. MELLIN: You can. And that's an interactive screen. So if you just touch it, you can draw a diagram where you're going.
MIGUEL COLON: So School Street this way. This is Laurel Street. I knew they were somewhere in there. I wasn't sure if they were on the east or west side of Laurel Street. I continued past, went down Putnam, continued this way, Hazel Street. At the Hazel Street, I came out this way, and that's when I saw the scene.
MR. MELLIN: Okay. Just for the record, you kind of do a little bit of a circle on this map, is that right?
MIGUEL COLON: Yes, sir.
MR. MELLIN: You go up School Street, come over Putnam. As Putnam kind of comes to an end, it turns to the left, continues onto Hazel Street?
MIGUEL COLON: Yes, sir.
MR. MELLIN: And then you took Hazel Street down to Dexter, turned right and came down Dexter?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Let me ask you about a couple of the other streets that are on this map. Over in this area, there's a street with a name. Do you see that?
MIGUEL COLON: Yes, sir. That's Quinby Street.
MR. MELLIN: Quinby?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Okay. And so now Quinby goes down past Laurel, is that right?
MIGUEL COLON: Yes, sir.
MR. MELLIN: And where there's that corner below that, is that Cypress Street that is coming over?
MIGUEL COLON: Yes.
MR. MELLIN: So is it a -- you can drive straight through down Quinby to the turn that puts you on Cypress, is that right?
MIGUEL COLON: Yes, sir.
MR. MELLIN: All right. So let me ask you: When you came on the scene, Sergeant MacLellan and Officer Reynolds were already engaged in the fight?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Do you recall hearing a radio response from Sergeant MacLellan about where officers should respond and where they should not?
MIGUEL COLON: Yes, I do. The gunfight -- Sergeant MacLellan requested they can have a unit coming off of Quinby Street to the end of Laurel Street, and then he scratched that and said it would be a dangerous situation for crossfire.
MR. MELLIN: Have you had a chance to listen to that radio transmission recently?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Is that a fair and accurate recording of that transmission?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Your Honor, at this time I'd ask to play Exhibit 1564, which is a short clip of the radio transmission.
MR. WATKINS: No objection.
(Audio recording played.)
MR. MELLIN: Officer Colon, is that the transmission?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Again, is Sergeant MacLellan saying at first, "Come down Quinby," but then he says, "Scratch that"?
MIGUEL COLON: Yes, sir.
MR. MELLIN: He doesn't want to have crossfire there?
MIGUEL COLON: Yes, sir.
MR. MELLIN: What is crossfire?
MIGUEL COLON: When another person is in the line of fire.
MR. MELLIN: So based on that, did any officers at any time block the far end of Laurel Street or where Quinby is?
MIGUEL COLON: No, sir.
MR. WATKINS: Objection.
THE COURT: Foundation. Sustained.
MR. MELLIN: Did you ever see any officers block the far end of Laurel Street at Quinby when you were on the scene?
MIGUEL COLON: No, sir.
MR. MELLIN: Was that -- let me hold that. At some point did you see an SUV coming down the street in your direction?
MIGUEL COLON: Yes, sir.
MR. MELLIN: At that time where are you parked?
MIGUEL COLON: When I arrived, I parked my vehicle maybe two vehicle lengths from Officer Reynolds' cruiser, in the middle of the road, at an angle.
MR. MELLIN: If I could have Exhibit 775 brought up, please.
MR. MELLIN: Officer Colon, do you see Exhibit 775?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Is that a diagram of some of the vehicles that were on the scene on Laurel Street?
MIGUEL COLON: Yes, sir.
MR. MELLIN: If I blow up this portion, do you recognize the blown-up portion as the block of Laurel that -- where the gun battle was occurring?
MIGUEL COLON: Yes, sir.
MR. MELLIN: You see Sergeant -- excuse me, Officer Reynolds' car on the left side of this?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Can you circle that for me, please?
MIGUEL COLON: (Indicating.)
MR. MELLIN: And then, sir, there's a green Honda that's down the street. Do you see that?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Can you circle that, please?
MIGUEL COLON: (Indicating.)
MR. MELLIN: As you drove up and came on the scene, where is it in general where you parked?
MIGUEL COLON: When I arrived, I parked somewhere in this area, middle of the road, at an angle. My headlights were facing the SUV.
MR. MELLIN: And just for the record, the SUV is not on this diagram, correct?
MIGUEL COLON: No, it's not.
MR. MELLIN: Okay. And for the record, also, you indicated that you parked on the street between 49 Laurel and 132 Dexter?
MIGUEL COLON: That area, sir, yes.
MR. MELLIN: So down the street a little bit from where Officer Reynolds parked but not on the same side of the street?
MIGUEL COLON: Yes, sir.
MR. MELLIN: All right. At some point did you try to flash a light on what was going on down the street?
MIGUEL COLON: Sir, when I arrived on scene, Sergeant MacLellan was in this area. His vehicle was in this area. I observed that he was exchanging gunfire. His vehicle was moving. I feared that he was -- his cover -- he was going to be exposed to gunfire. So I parked a little further up, and I tried to get the suspect's attention by putting my spotlight on him.
MR. MELLIN: When you say you parked a little further up, a little further up than where you indicated on this?
MIGUEL COLON: Yes, right in this area.
MR. MELLIN: In that area, very good. You pointed what light on them?
MIGUEL COLON: Excuse me?
MR. MELLIN: What did you shine on them?
MIGUEL COLON: The spotlight. It's on an A pillar of the vehicle. You can move it around and place it to wherever you want to see.
MR. MELLIN: When you attempted to point your spotlight down the street, what happened to the spotlight?
MIGUEL COLON: I received gunfire. The spotlight got hit. I had the door open. The door got hit as well.
MR. MELLIN: At some point did you see the SUV coming down the street at you?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Could you see who was driving that car?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Who was driving that car, sir?
MIGUEL COLON: (Indicating.)
MR. MELLIN: Your Honor, for the record, the witness pointed at the defendant.
THE COURT: Okay.
MR. MELLIN: When you saw that SUV coming down the street, what did you do?
MIGUEL COLON: I went behind 465, towards the driver's side.
MR. MELLIN: You indicated 465. What are you talking about? Officer Reynolds' car?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Okay. You went behind Officer Reynolds' car. And then what did you see?
MIGUEL COLON: I observed -- as the SUV was coming down, I saw my -- three of my officers jump out of the way. Sergeant Pugliese, MacLellan, and Reynolds jumped out of the way. As it drove by, the vehicle hit the person on the ground, dragged them, and hit Cruiser 465 on the driver's side, front quarter panel area.
MR. MELLIN: As that car was driving down the street, you pointed out that you saw the defendant driving it. How was he driving that car?
MIGUEL COLON: As he went past me, after he released from the Cruiser 465, I saw him leaning towards the middle console, but he was still kind of looking at the road.
MR. MELLIN: For the record, you've indicated that the defendant was leaning to the right and ducking down but looking over the dash?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Were you able to see him do that?
MIGUEL COLON: Yes, sir.
MR. MELLIN: After the defendant drove away, what did you do?
MIGUEL COLON: I went and checked on the officers on scene. They had cuffed a suspect. They were treating him. And then I got in 471 and drove out to follow the vehicle.
MR. MELLIN: Okay. And 471 is your car?
MIGUEL COLON: Yes, sir.
MR. MELLIN: If I could have you look at Exhibit 787.
MR. MELLIN: Which is in evidence, your Honor.
MR. MELLIN: Officer Colon, do you recognize Exhibit 787?
MIGUEL COLON: Yes, sir.
MR. MELLIN: What is that?
MIGUEL COLON: Laurel Street.
MR. MELLIN: Do you see -- as you look at that, do you see your vehicle in that photograph?
MIGUEL COLON: Can you repeat that, sir?
MR. MELLIN: Do you see your vehicle in that photograph?
MIGUEL COLON: Yes.
MR. MELLIN: Which one is it?
MIGUEL COLON: (Indicating.)
MR. MELLIN: For the record, you circled the car on the right with the headlights pointing in the direction of the photograph?
THE COURT: You don't have it? We've seen a very similar one. I know that. Is there any objection to it if it isn't in?
MR. WATKINS: I believe this is in.
MR. MELLIN: I thought that was in as well, your Honor.
THE COURT: I thought so, too, because I've seen it before.
MR. MELLIN: If it's not, I would move it into evidence and ask to publish it a bit late.
MR. MELLIN: Officer Colon, you circled the vehicle on the right with the headlights pointing down the street towards the camera, is that right?
MIGUEL COLON: Yes, sir.
MR. MELLIN: The vehicle with the headlights to the left, do you know whose car that was?
MIGUEL COLON: Officer Reynolds, 465.
MR. MELLIN: And you see the SUV coming down the street?
MIGUEL COLON: Yes, sir.
MR. MELLIN: You see that? Was there room for the SUV to go between the -- where the people were on the ground and your car to avoid contact?
MIGUEL COLON: I positioned my cruiser about one to two car lengths ahead of Officer Reynolds. There was room for a vehicle to go by.
MR. MELLIN: Now, after, you say you left.
MR. MELLIN: If I could have Exhibit 775 pulled up.
MR. MELLIN: I just blew up the bottom portion of 775. Can you indicate to the ladies and gentlemen where it is you went after you checked on the status of the other officers and then you left the scene?
MIGUEL COLON: I drove straight ahead, this way, this way.
MR. MELLIN: And so, for the record, you drove down Laurel Street and turned right on Cypress Street?
MIGUEL COLON: Yes, sir.
MR. MELLIN: There was room to pass on the right of the green Honda?
MIGUEL COLON: That's where the SUV was parked.
MR. MELLIN: Before it left?
MIGUEL COLON: Yes.
MR. MELLIN: Was there room to pass on the left of the green Honda --
MIGUEL COLON: There was room.
MR. MELLIN: -- as well? So on either side of that, there was room to pass?
MIGUEL COLON: Yes, sir.
MR. MELLIN: Was there anyone blocking your exit down at Laurel and what is shown here as Cypress but up above it would be called Quinby?
MIGUEL COLON: There was nothing blocking the road, the intersection.
MR. MELLIN: How much time do you think elapsed between the time when you saw the SUV leave the scene and the time that you left the scene?
MIGUEL COLON: Less than a minute.
MR. MELLIN: Thank you. Nothing further.
CROSS-EXAMINATION BY MR. WATKINS:
MR. WATKINS: Good afternoon, Officer.
MIGUEL COLON: Good afternoon.
MR. WATKINS: Showing you Exhibit 771, as I understand it, you drove this way?
MIGUEL COLON: No. That I drove that way?
MR. WATKINS: You drove from School Street up Dexter Avenue?
MIGUEL COLON: No. School Street, down Putnam, then turned at the Hazel Street. When Hazel and Dexter hit, I took a right on Dexter, and I approached Laurel Street.
MR. WATKINS: Can you draw on this map again how you went when you arrived at the scene?
MIGUEL COLON: (Indicating.)
MR. WATKINS: I thought before when you testified you talked about being up here on Quinby Street?
MIGUEL COLON: I was not on Quinby Street at any point.
MR. WATKINS: You were never at Quinby Street at any point?
MIGUEL COLON: Never.
MR. WATKINS: So when Mr. Mellin asked you about seeing people up at that end of the street, you don't know whether there were people up at that end of the street?
MIGUEL COLON: Where the arrow is?
MR. WATKINS: Yes.
MIGUEL COLON: I have no idea.
MR. WATKINS: How about here, do you have any idea?
MIGUEL COLON: From where I was, I could see that area.
MR. WATKINS: But you were not at this end of the street, is that correct?
MIGUEL COLON: No, sir. No, sir.
MR. WATKINS: So you came down --
MR. MELLIN: Objection as to what time.
THE COURT: Sorry?
MR. WATKINS: Were you ever at that end of the street before the end of the incident?
MIGUEL COLON: Can you ask the question again, please?
MR. WATKINS: Before -- you came up on the scene, correct?
MIGUEL COLON: Yes, sir.
MR. WATKINS: There was shooting, right?
MIGUEL COLON: Yes, sir.
MR. WATKINS: And at that point you were not at Quinby Street; you were down here at Dexter and Laurel, right?
MIGUEL COLON: Where I indicated right there.
MR. WATKINS: And that's where your car stopped, right?
MIGUEL COLON: Yes.
MR. WATKINS: And that's where you stayed?
MIGUEL COLON: No. I fired some rounds from that -- from my vehicle after they hit my cruiser, and then I went to behind Officer Reynolds' cruiser because it's a bigger, larger car.
MR. WATKINS: But your cruiser remained down at that end of Laurel Street where this -- approximately here, is that right?
MIGUEL COLON: Somewhere in that area, yes.
MR. WATKINS: You saw the people shooting from the other end of the street, right?
MIGUEL COLON: Yes.
MR. MELLIN: Objection as to "the other end of the street" reference.
MR. WATKINS: Down Laurel Street, looking down towards that Honda Civic you've testified that you saw people --
MIGUEL COLON: The people that were shooting were in front of the Mercedes, the front bumper area.
MR. WATKINS: And what you saw was one person shooting, right?
MIGUEL COLON: I could -- I couldn't tell.
MR. WATKINS: You were interviewed a few days after the incident, correct?
MIGUEL COLON: Yes.
MR. WATKINS: That was audiotaped, and it was an investigation by the Massachusetts State Police, correct?
MIGUEL COLON: Yes.
MR. WATKINS: At that point you said, "I focused on one shooter. That's all I saw." Correct?
MIGUEL COLON: All I saw was muzzle flash, and that's what my attention went to.
MR. WATKINS: Was that one shooter and the muzzle flash?
MIGUEL COLON: The muzzle flash.
MR. WATKINS: After that is when the Mercedes came around, correct?
MIGUEL COLON: During the gunfight, yes.
MR. WATKINS: Showing you 775, your cruiser does not appear on this diagram, is that correct?
MIGUEL COLON: No, sir.
MR. WATKINS: Do you recognize that cruiser, what cruiser that would be?
MIGUEL COLON: 465.
MR. WATKINS: And that would be Officer Reynolds' cruiser, is that correct?
MIGUEL COLON: Yes, sir.
MR. WATKINS: And your car was two car lengths up, right?
MIGUEL COLON: Approximately, yes.
MR. WATKINS: And two car lengths, ordinary car, your cruiser, do you know how long your cruiser is?
MIGUEL COLON: I couldn't tell you right off the bat.
MR. WATKINS: Fifteen feet maybe?
MIGUEL COLON: Couldn't tell you.
MR. WATKINS: But it would be two ordinary car lengths, right?
MIGUEL COLON: If you say so.
MR. WATKINS: Well, you drove it.
MIGUEL COLON: I couldn't tell you. I don't know how big my cruiser is.
MR. WATKINS: And that's where your cruiser was as the Mercedes came down the street towards all of you?
MIGUEL COLON: That area, yes, sir.
MR. WATKINS: That's all I have.
MR. MELLIN: Nothing, your Honor.
THE COURT: All right, sir. Thank you. You may step down.
MR. CHAKRAVARTY: The government calls Mark Preble.
MR. BRUCK: I think we'll need to approach on this witness, your Honor.
THE COURT: All right. I'll see you at the side.