May 9, 2017
Over the sound of the game, I heard my name and believe it was calling for my help so I paused the game. It said again, Jevin come and help."
Jevin responded, "Yes."
Ms. Eads" "Do you recall seeing your mom that day?"
Jevin: "I saw her sometime in the morning. That was also the first time she introduced me to Trent."
Jevin said Kiya and Faith were in the house. His mom told Jevin Trent and she grew up in San Diego and it had been years since they had contact with each other.
"I think at that point they left the house."
Contrary to what Trent Stewart testified, Jevin said "they took the Jeep. That's what she usually likes to drive. I did not see her leave in it but I did come out to shoot hoops and the Jeep wasn't there." Jevin said his mom would also drive a Nissan Maxima but it was "still there."
Jevin explained that "one of my buddies", said his name David Reed, "came over because he had something on his mind", and instead of texting, he wanted to discuss it with Jevin in person.
"At some point, Kiya and Faith came out with their longboards, giggling and ran past us."
Jevin said he was so focused on his conversation with his friend that he did not realize Kiya and Faith had left. He asked David, "Did they just walk past us?"
Ms. Eads: "How old was Kiya at this time?"
Jevin: "She was 14."
Ms. Eads: "What time did they leave?"
Jevin: "I don't know. The sun was about to set."
Ms. Eads: "Did you have dinner?"
Jevin: "No, I was too stuck in my video game to decide to go make food."
Jevin said, "It was still daylight, not completely, it was getting dark. Over the sound of the game, I heard my name and believe it was calling for my help so I paused the game. It said again, Jevin come and help. I rushed outside to find it was Trent and my mom looking at the Jeep and it was completely destroyed."
Ms. Eads: "Who called out?"
Jevin: "I believe it was my mom."
Jevin said he asked, "What happened?"
"I tried to get a clear answer but they just kinda."He paused, looked down and did not say add anything to that response.
From initially smiling to getting more serious, by this time, you could see him get emotional as he continued his testimony. Throughout his testimony, in fact from the time he entered the courtroom, he did not look at his mother, just directly at Ms. Eads.
Ms. Eads: "What did she ask you to do?"
Jevin: "She said to throw a seven pound of untrimmed marijuana into the waste so I threw it behind the fence. That's the only thing she asked me to do. When I came back, I tried to get a clear answer. She was not telling me."
Ms. Eads tried to ask Jevin if he heard a male or female voice asking for help. Mr. Okin, Marci Kitchen's attorney objected a couple of times. After the Judge asked him what he could say, which would not be considered hearsay, Jevin started to answer, "Heard a male voice say..." and Mr. Okin interrupted and objected again.
Ms. Eads paused since Jevin had closed his eyes. She gave him a moment to regain his composure and asked, what his mom asked him to do.
Jevin: "My mom handed me the keys and told me to drive into the basketball hoop as if she had driven into it."
Ms. Eads asked him if he did what his mom asked.
"No, I refused. I gave her back the keys. I told her it was a stupid idea."
Ms. Eads: "How was your mom behaving?"
Jevin: "Very strange. She was in a lot of shock so she was all over the place."
Ms. Eads: "Did you smell alcohol on her?"
Jevin: "Easily." His voice got softer at this point.
Ms. Eads asked him how he could tell if his mom was intoxicated.
Jevin: "I have been around her when she has had a few beers; enough to say she's drunk."
Jevin said that he exited the house he saw his mother was driving and Trent was the passenger.
He elaborated on his earlier answer, in response to a question by Ms. Eads and said, "Yes, she stuck the keys in my hand. "
"She said she hit a deer or a pole. She was going back and forth. She didn't give a clear answer. She said she hit something."
Ms. Eads: "Did you hear someone other than your mother indicate what happened to the Jeep?"
Ms. Eads: "Who?"
Jevin responded "I believe it was Trent."
"I heard him say she hit two girls in bikinis or as he put it, hoochies."
"My mom's boyfriend showed up in a pick up truck. That's when he brought up the question where my sister, Kiya, and her friend Faith, were. That's when I realized they had gone longboarding and hadn't come home. So we got into David's car to rush and see if it's true."
Jevin said, at the time he left with his friend David, the Jeep was parked in the driveway next to "my grandpa's RV."
"We drove down to Eel River Drive because that's where we thought they got hit and we were right."
Jevin said it took him and David, "not even a minute" to get to the scene of the collision.
Ms. Eads: "When do you next see your mom?"
Jevin: "The next time I saw her was at the scene. Don't know when she got there but it was longer than us."
"I believe she was there and Josh and Trent, too."
"By the time I got there, Faith had been rolled and was lying on her back; dead. I kept looking and I saw peoole hovering and then I saw my sister's face." Jevin said Kiya was being put in the ambulance.
"I was just sitting there waiting for my mom. My buddy was trying to calm me down as best as he can."
"At the scene, there was confusion that Kiya Kitchen was dead," said Jevin. "It was later resolved that Kiya was at the hospital; Faith was dead."
"When we learned that, we got into his car and went to the hospital." Jevin said he got phone calls from his "granda and dad."
"My dad rushed there as fast as he could."
On the way to the hospital, Jevin and David by the house to get his epi pen, phone and charger.
Ms. Eads: "Was anyone at the house?"
Jevin: "No. Not that I recall."
Ms. Eads: "Was the jeep at the house?"
Jevin: (pause) "I believe at this time the Jeep was moved; it wasn't at the original spot."
"I don't remember when we arrived, but me and him (David) were the first to arrive at the hospital. Then my grandma; then my mom and her boyfriend Josh."
"Can't say what time my mom arrived. For me, it seemed like hours."
"I just wanted to go into the ER and be with her (Kiya)." After him mom arrived, "We were the only two allowed" to see Kiya.
They found out that Kiya was being flown to the Oakland Children's Hospital. Jevin, Joe Kitchen and two friends of Joe Kitchen, Kim and Joel, drove down to Oakland.
When they were in Oakland at the hospital, "We were crying. We were in so much shock. Didn't really know what to do. I was trying to process my sister lying dead on the table."
"Somewhere in the silence, my mom said, "I killed her; I killed them both."
"My dad just stared at her and he was furious. I had to keep that secret from him all through the drive. At Redwood Memorial, my mom, she told me not to tell anyone."