Testimony and cross examination of Jim Dodd

State of Missouri v. Byron Case

April 30, 2002.
Pages 740-758
Direct examination by Mr. Fry
No cross examination

Page 740 (Jim Dodd testimony)

(The following proceedings were had in the courtroom out of the presence and hearing of the jury:)

THE COURT:

Was there a record we wanted to make before we bring the jury down, Mr. Fry?

MR. FRY:

As you know, we've had two parents, of some of the children involved here that have died, testify,
and we have kept them out prior to any of their testimony. They're both requesting to be able to come back
into the courtroom to listen to the rest of the trial.

Page 741 (Jim Dodd testimony)

We've contacted Mr. Lance here and discussed that. We know that, by asking to bring them in, we
would give up any right to recall them as a witness, and we have offered to do that, and we have also said
that these are the two we'll ask for. These are the only witnesses. We're not going to ask for the rest of them
to come in.

The same courtesy will be asked of Mr. Lance. If he has witnesses later on that are involved with
the children, involved in this particular case. The Defendant's mother I think is one of the witnesses I would
anticipate. But we're making that request, I think Mr. Lance was going to agree with it.

MR. LANCE:

Judge, I don't object to those two witnesses. I wanted to make a good record that, if it goes further, I
would definitely object. I don't want to start down a slippery slope. We did invoke the rule.

THE COURT:

I think the slippery slope is this: As the numbers increase, the potential for the necessity of rebuttal
and all those things otherwise increase.

Page 742 (Jim Dodd testimony)

As far as I'm concerned, I assume it's for Mr. Bruton and for --

MR. FRY:

Diane Marshall. That's the stepmother that testified this morning, Judge.

MR. LANCE:

That's the two I won't object to. I just want to make a clear record, if we start going further, I might
have a problem with it.

THE COURT:
 Well, now my understanding is that Ms. Moffett's mother is also done testifying too, is she not?

MR. FRY:

Correct, and we're not requesting that she come in, and she did request to come in, but for strategic
reasons, we're not asking for that.

THE COURT:

That Is fine. Then, if you don't object to it, I think I would have the discretion to do it anyway, but
based on the agreement, if both Ms. Marshall and Mr. Bruton want to sit in, understanding that barring
something highly unusual, they have foreclosed their ability to serve as rebuttal witnesses, that's fine with
me.

Page 743 (Jim Dodd testimony)

MR. FRY:

That's my understanding.

THE COURT:

All right, thank you. Anything further we need to take up at this time?

MR. FRY:

No.

THE COURT:

Let's go ahead and get the jury.

(The following proceedings were had in the courtroom in the presence and hearing of the jury:)

THE COURT:

Everybody please be seated. State may call their next witness.

MR. FRY:

Your Honor, before I begin with this witness, I would like to move for admittance of State's Exhibit
Number 20.

MR. LANCE:

No objection.

THE COURT:

state's Exhibit NUMBER 20 shall be admitted into evidence.

(State's Exhibit Number 20 was received into evidence.)

JIM DODD, having been duly sworn by the Court, testified:

 DIRECT EXAMINATION BY MR. FRY:

Q.

Good afternoon, Sir. Would you tell the jury your name.

Page 744 (Jim Dodd testimony)

A.

Jim Dodd.

Q.

How are you employed, Sir?

A.

I'm a salesman at The Bullet Hole in Overland Park, Kansas.

Q.

What kind of business is The Bullet Hole?

A.

It's a gun store and shooting range.

Q.

How long have you been employed there?

A.

Twenty years.

Q.

So you were definitely employed there back in 1997?

A.

That's correct.

Q.

If you could just give us a description of where The Bullet Hole is located?

A.

It's right off 63rd and Metcalf in Overland Park, Kansas, 63rd, Shawnee Mission Parkway, it's the
same thing.

Q.

From the Plaza, about how long would it take someone to drive from the Plaza to your store?
 A.

It's a straight shot. I would say five, six, miles. 63rd runs right into the Country Club Plaza.

Q.

I want to then direct your attention back to October the 23rd of 1997. Do you recall Some of the
events that occurred that day?

Page 745 (Jim Dodd testimony)

A.

Yes.

Q.

Did a man name Justin Bruton enter your store?

A.

Yes, that's Correct.

Q.

Can you tell the jurors what Mr. Bruton inquired about when he came into your store?

A.

It was early in the morning, 10, 10:30. I think it was about the first customer. He came in, and I was
there, and he was asking about a shotgun. He wanted to purchase a shotgun.

Q.

Were you the only employee at that time?

A.

Yes, that's correct.

Q.

Is that because you just opened?

A.

Yes.

Q.

So he inquired about a shotgun and will you tell the jurors what you did?

A.
 My first thought was I thought, because it was October, that's hunting season, my first thought he
was looking for like a hunting shotgun, but he indicated to me that he was looking for something different.
And we carry a variety of types of shotguns. The one he pointed out to me was a Remington H70, which is
a law enforcement type gun. It's like a riot gun. It's a shorter barrel. They don't have a choke or anything on
them. It's mostly for personal protection.

Page 746 (Jim Dodd testimony)

Q.

Did you discuss how much that one cost with him?

A.

Yes, I did.

Q.

And did he finally settle on another shotgun that cost a little bit less?

A.

Right. Because the hunting guns were four, five $600 depending on which one he was looking at,
and the one he picked out was a Remington H70 which is $239.

Q.

I want to ask you, first of all, in your 20 years there, if somebody comes into your store and they
smell of alcohol, will you sell them a gun?

A.

No. Will not.

Q.

Now, what about if their behavior was like near dysfunctional or any kind of bizarre behavior?

A.

If anybody comes in that acts strange or not what we would say quite right, what I do, I'm very
polite to them and stuff like that, and I'll basically talk them out of purchasing something. It's simpler that
way.

Q.

Let's talk about the behavior of Mr. Bruton when he walked into the store. Do you remember how
he behaved?

A.

Walked right on in. Walked over. I was behind the counter. Was looking at shotguns. Didn't act
fidgety or nervous or anything like that.

Page 747 (Jim Dodd testimony)

 Indicated he wanted to buy a shotgun. I pointed out the different ones we had. He picked out the one
that he was interested in, and I sold him the gun.

Q.

Your experience was fairly normal?

A.

Right, right. He had his mind made up. He was looking for a shotgun, and I sold him exactly what
he wanted.

Q.

And was no smell of alcohol?

A.

No, no.

Q.

After he made his selection of the shotgun he wanted, what process do you do in terms of just
breaking that shotgun down so he can carry it out?

A.

Well, first, before you even buy it, you have to fill out the yellow form which is the 4473 which is
the federal form required by the federal government. Name, address, date of birth, place of birth and then
answer the eight or nine questions. And then you sign and date it. And the gun was assembled, and then I
disassembled it for him, and I put it in the box also.

All the guns came with boxes, so for everybody I disassemble the gun, break it down in three parts,
put it in a box so it's easier for him to carry.

Page 748 (Jim Dodd testimony)

Q.

You mentioned the form 4473?

A.

Uh-huh.

Q.

There are probably a lot of jurors that have never purchased a gun, so would you describe for the
jurors what that form is in just a little more detail?

A.

It's the federal form that's been around since 1968. The laws have changed. Now you have to go
through the Brady Bill. But initially, when this gun was purchased, he was a Missouri resident. He came
over to Kansas, which you can do. He purchased the firearm. He filled out the yellow form, the 4473. You
print everything on it. Your name, your date of birth, your address, your Social Security number at the
bottom and your driver's license. You answer eight or nine different questions. Are you a convicted felon?
Do you use drugs? What state do you reside in? And then you sign it and date it at the bottom. And then I
fill in the bottom part, which is like Remington H70, the serial number of the gun, the type of gun, which is
shotgun, and the caliber and then I sign it and date it at the bottom.

Q.

And I assume, if he answers any of those written questions wrong you're not allowed to --

Page 749 (Jim Dodd testimony)

A.

Correct.

Q.

You're not allowed to --

A.

Like if you're a convicted felon, he puts yes on there, that's an automatic no.

Q.

And at the time there was no waiting and checking?

A.

That's correct.

Q.

I showed you earlier what we have marked as State's Exhibit Number 19, did I not?

A.

Yes.

Q.

And can you tell us for the record what that is a copy of?

A.

This is a copy of -- our copy of the 4473, which he filled out and I signed and dated.

Q.

Do you recognize your handwriting on the bottom of that form?

A.

That's correct.

Q.
 Sir, is it a fair and accurate copy of the form that was filled out that day?

A.

That's correct, yes.

Q.

And what is the date of that purchase?

A.

October 23rd 1997.

Q.

Thank you very much. In addition to filling out this form, you go and you get a box; is that correct?

Page 750 (Jim Dodd testimony)

A.

Correct.

Q.

And you disassemble the gun; is that correct?

A.

Correct.

Q.

And then you got to write up a receipt; is that correct?

A.

Correct. Bill of sale.

Q.

Do you remember discussing any ammunition purchase with Mr. Bruton? If you don't recall, I
realize this was five years ago or four years ago?

A.

I might have asked him if he wanted some ammo, and my first choice would have been like double-ought
buck or something like that, but as I recall, he asked for rifled slug.

Q.

I'm going to show you what I have marked as Exhibit Number 17. I showed it to you earlier today. I
would ask you if you recognize that.
 A.

Yes, I do.

Q.

And what is that a copy of?

A.

Copy of the bill of sale that I gave to him with his name, address, date of birth, driver's license, type
of shotgun, payment of -- it was cash. Total price with sales tax and everything included, stamped gun
picked up, showing he picked up the gun, and he signed it on the bottom.

Page 751 (Jim Dodd testimony)

Q.

And you recognize the handwriting as yours as well?

A.

Correct.

Q.

And it's a fair and accurate representation of the receipt that you filled out that day?

A.

Yes.

Q.

What's the date of that receipt?

A.

10-23-1997.

Q.

Is there any ammunition mentioned?

A.

Yes, one box of 12-gauge rifled slugs.

MR. FRY:

Your Honor, I would move to introduce Exhibit Numbers 17 and 19.

MR. LANCE:

No objection.
 THE COURT:

Seventeen and 19 shall be admitted into evidence.

(State's Exhibit Nos. 17 and 19 were received into evidence.)

BY MR. FRY:

Q.

Sir, do you recall the manner of how this gun was paid for?

A.

Cash.

Q.

Now, law enforcement officials came to your store a few days later; is that correct?

Page 752 (Jim Dodd testimony)

A.

That's correct.

Q.

You were contacted by someone with Jackson County Sheriff's Department; is that correct?

A.

That's correct.

Q.

In your store, as part of your security system do you have some video camera equipment?

A.

Yes, we do.

Q.

When they inquired as to the date of this purchase, was the videotape equipment checked to see if
there was any videotape taken during this purchase?

A.

Yes, I believe so.

Q.

I showed you today earlier, just to make sure, a videotape marked State's Exhibit Number 21, did I
not?
 A.

Yes, you did.

Q.

And you looked at the entire tape, did you?

A.

That's correct.

Q.

When you watched it, did you believe it was a fair and accurate representation of the events that
occurred in your store as you sold the shotgun to Mr. Bruton?

A.

Yes.

MR. FRY:

Your Honor, I would move to introduce State's Exhibit Number 21.

Page 753 (Jim Dodd testimony)

MR. LANCE:

No objection.

THE COURT:

State's 21 shall be admitted into evidence.

(State's Exhibit Number 21 was received into evidence.)

MR. FRY:

At this time I would ask permission from the Court to play this videotape for the jury.

THE COURT:

You may do so.

MR. FRY:

Your Honor, could I have the witness stand beside the TV to the side so he doesn't block anybody's
vision and then also kind of at appropriate times narrate what he's doing and observing to help the jury.

THE COURT:

You may do so.

BY MR. FRY:
 Q.

Mr. Dodd, if you would come over here and stand to the side. Remember, these are the folks that
have to see. When we looked at the video, Mr. Dodd, the videotape was actually divided into four
quadrants; is that correct?

A.

That's correct. Different parts of the store.

Q.

And this videotape is just the one small quadrant?

A.

Right. Where I made the sale at.

Page 754 (Jim Dodd testimony)

Q.

Ladies and gentlemen, this is not going to be the full screen. Look for the one in the fourth
quadrant.

How close can you get to this so you're not in anyone's way? Is this all right with everybody so far?
I'm going to stand to the side as he narrates. If he's blocking anybody, if you could raise your hand real
quick, and we'll take care of it.

The speed on this is not natural speed, it's sped up; is that right?

A.

That's correct. This is where the sale was made right up here. Here I am.

Q.

Is that Mr. Bruton?

A.

Yes. That's where the shotguns were at, right there. He's examining it and everything. Looking at it.
I'm explaining to him different facets about the gun, how it's loaded and everything. The ammunition he
asked for. I'm going to get the box now. We give the box separate. All guns have to be matched. There is a
serial number on every box that coincides with every gun. That way we always make sure that everybody
has the appropriate box with each gun.

Page 755 (Jim Dodd testimony)

That's the yellow form right there, the 4473. I'm having him fill it out. I'm getting his driver's license
to show he is who he says he is. He's filling out the yellow form right there. Last name first, date of birth,
place of birth, height, weight, everything like that. Answering all the eight questions.

I'm using his driver's license to write down all the pertinent information, driver's license, date of
birth, address, everything like that. Then, after all that's filled out, then I will get the gun, match the serial
number on the gun so I make sure I have it correctly on his receipt and everything.
 Checking the serial number. Checking the box making sure everything is the same. Because he's a
Missouri resident, because he was 20 years of age, he can legally purchase the gun, and it can be taken
across state lines. Handguns you cannot take across state line. They have to be transported with another
licensee, but shotguns can be picked up and taken out the same day.

I'm figuring tax to make sure everything is right. Now I'm counting the money, making sure
everything is correct. He did pay cash. I'm disassembling the gun.

Page 756 (Jim Dodd testimony)

That breaks down into three pieces: The barrel, the stock and the receiver. Taking everything apart.
Placing it in the box. Putting everything in there. That's all there was to it. This is a lot more complicated
now because of Brady, but in those days, that's all it was.

Q.

Have a seat. One last question for you, Mr. Dodd. About how much time did this whole transaction
take in your estimation?

A.

No more than ten minutes I would say. Didn't take very long. Seriously. He had his mind made up.
Basically I had what he was looking for there, and I didn't show him anything else. That's the one he picked
out. Looked at it. Examined it and everything like that. Decided that's what he wanted. Price was right. He
had the money. Filled out the 4473 and did all the paperwork and that was it.

It doesn't -- when somebody has their mind made up, it doesn't take very long, five, ten minutes,
unless they're looking at multiple firearms.

MR. FRY:

One second, please, Your Honor. I have no further questions. Thank you. The other attorney may
have some.

Page 757 (Jim Dodd testimony)

THE COURT:

Mr. Lance, do you have any questions of this witness?

MR. LANCE:

Judge, I don't think we have any cross exam.

THE COURT:

Thank you very much, sir. Appreciate your testimony.

(The witness was excused.)

MR. FRY:

Your Honor, at this time parties have agreed that this form that was filled out by Justin Bruton as
was just described, there was another purchase on 9-27 of '97 by Mr. Bruton at the HyperMart over here at
9051 Hillcrest in Kansas City, Missouri. As a business record, the parties have stipulated to its admission as
evidence. It's Exhibit Number 18. And it shows the purchase of that shotgun on 9-27-97 in Kansas City by
Mr. Justin Bruton. I would move to admit this at this time.

MR. LANCE:

No objection to 18.

THE COURT:

Eighteen shall be admitted into evidence.

(State's Exhibit Number 18 was received into evidence.)

Page 758 (Jim Dodd testimony)

THE COURT:

Eighteen involves a different firearm than this gentleman testified about?

MR. FRY:

That's correct, Judge, and it's a different date.