THE MAN UNDER THE TREE — AND THE POLICE OFFICER WHO MADE ONE FATAL MISTAKE

Chapter 9

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The bag was now secured, but its contents did not answer the most important question. Even if laboratory testing later confirmed that the substance was illegal, that result would not establish who had placed it in Daniel's jacket.

The question of possession was separate from the question of origin.

Mitchell understood that distinction, and she wanted the investigation to reflect it.

SERGEANT MITCHELL: "Officer Hayes, do you have body-camera footage from this encounter?"

OFFICER HAYES: "Yes, Sergeant."

SERGEANT MITCHELL: "Was your camera activated before you approached Mr. Brooks?"

Hayes glanced down at the device attached to his uniform.

OFFICER HAYES: "It should have been."

SERGEANT MITCHELL: "That isn't what I asked. Was it activated?"

OFFICER HAYES: "I believe so."

SERGEANT MITCHELL: "Then we'll verify it. Make sure all footage and associated records are preserved. No one is to delete, edit, or overwrite anything connected to this incident."

Carter and Turner exchanged a brief look. Neither had expected the encounter to turn into a formal evidence review so quickly. They had arrived believing they were responding to an officer in danger. Now their sergeant was asking questions that suggested the initial account could not simply be accepted at face value.

Daniel remained on the grass, waiting for permission to stand.

SERGEANT MITCHELL: "Mr. Brooks, you can rise slowly. Keep your hands visible while you do so."

Daniel followed the instruction, standing carefully before brushing a small amount of grass from his jeans.

His phone remained on the ground near the bench. He looked toward it but did not reach for it.

DANIEL BROOKS: "My phone fell when he grabbed me. I'd like to retrieve it, but I won't move unless you say it's all right."

Mitchell looked toward the device.

SERGEANT MITCHELL: "Carter, please retrieve the phone and return it to him after we document its position."

Carter walked to the bench and picked it up. The screen had a small smudge of dirt across one corner, but it appeared undamaged. She photographed its position before handing it to Daniel.

OFFICER CARTER: "Here you go."

DANIEL BROOKS: "Thank you."

For a moment, their eyes met.

Carter seemed less certain than she had been when she first arrived. She had seen Daniel restrain Hayes, but she had not seen the event that caused the struggle. She was beginning to recognize that the scene she had witnessed was only one fragment of a larger sequence.

OFFICER CARTER: "Mr. Brooks, I want you to understand that we had to respond to what we saw."

DANIEL BROOKS: "I understand. But what you saw wasn't the beginning."

OFFICER CARTER: "I know."

It was the first time she had openly acknowledged that distinction.

Mitchell then asked whether anyone in the park had witnessed the confrontation. Carter looked toward the small group that had gathered near the path.

SERGEANT MITCHELL: "If anyone saw the initial contact, I'd like to speak with them. We need independent accounts."

Margaret Ellis hesitated, then stepped forward.

MARGARET ELLIS: "I saw part of it."

Mitchell turned toward her.

SERGEANT MITCHELL: "Thank you. Please come over here, but stay outside the area where the evidence was found. What is your name?"

MARGARET ELLIS: "Margaret Ellis."

SERGEANT MITCHELL: "Ms. Ellis, what did you see?"

Margaret clasped her hands together. She was not accustomed to speaking to police officers in the middle of an investigation, and the presence of several uniforms made her nervous. But she had watched Daniel being accused, and she did not want to leave without saying something.

MARGARET ELLIS: "I was walking along the path. I didn't see how the whole thing started, but I heard the officer ordering the man to stand up. Then I heard the man asking what was wrong. A little later, the officer was holding a small bag."

SERGEANT MITCHELL: "Did you see where the bag came from?"

MARGARET ELLIS: "No. I can't honestly say that I did."

SERGEANT MITCHELL: "Did you see the officer grab Mr. Brooks?"

MARGARET ELLIS: "Yes. He grabbed the front of his jacket. The man was telling him to let go."

Mitchell made a note.

SERGEANT MITCHELL: "Did you see Mr. Brooks strike the officer?"

MARGARET ELLIS: "I didn't see him punch anyone. I saw them struggling, and then the officer went down. It happened quickly."

SERGEANT MITCHELL: "Thank you. We'll take a fuller statement from you in a moment."

Margaret nodded, visibly relieved that she had been allowed to speak without being interrupted.

Ethan Price stepped forward next, still holding his phone.

ETHAN PRICE: "Sergeant, I recorded part of it."

Every officer turned toward him.

Hayes's face changed.

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THE MAN UNDER THE TREE — AND THE POLICE OFFICER WHO MADE ONE FATAL MISTAKE

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