Apr 28, 2015

"I will fucking kill you"; "I will fuck that fat bitch up", Ferrer recalls statements today never brought up before

Juan Ferrer shared a beer and "half of a fifth" of Jim Beam with his friend and girlfriend (and former co-defendants) Nicholas Stoiber and Sophie Rocheleau around 9:30/10 p.m. on November 24, 2013 before they went to the Alibi around 11 p.m. where some "hippy guy" they didn't know but let hang out with them brought them drinks. Ferrer said the guy was just in town for harvest season. The three had a couple of shots and a couple beers, according to Ferrer. The three then left and went to Everett's bar around midnight.They stayed about an hour and drank, Ferrer testified he had a pint of beer.

Ferrer claims he was "buzzed" and Stoiber was more intoxicated; "Sophie a little bit." They left Everett's after "last call was called." Today is the first time, we heard Ferrer recalled seeing the victim Douglas Anderson at Everett's in the smoking section. Ferrer said " he looked at me, I made eye contact and said hi." Later on, he remembered Anderson as "the person we had the altercation with."

"The last thing I remember before anything went down was Nick saying something to Sophie, she ran up and they were talking and I was in the back." On a video obtained from a business on H street, they are walking in a single file, Stoiber in front, Rocheleau in the middle and Ferrer behind her. "Simultaneously, I heard someone scream, 'What do we have here? A couple of faggots and their fat bitch girlfriend."

Ferrer said he thought he was going to be in a transient fight because he had heard such kind of language before in Arcata. "The first thing I see when I look up is Nick and Sophie are not in front of me and then I saw an individual walking past me yelling obscenities."

"I hadn't put together that he was coming over and Nick and Sophie were probably ahead because they were scared." At this point, Mr. Rees asked that it be put on record that the defendant said someone straight ahead but he turned to what was the 2 'o'clock position. Judge John Feeney confirmed that and it was noted on record.

Ferrer continued his testimony that the individual was "to my right on the side and looking at me menacing" and that his hands were in his pocket and he was "staggering but keeping composure pretty good."

"He continues to yell, he didn't exactly say 'I'm talking to you, but the feeling I got he was talking to me. That is when I said, 'Fuck you too, man."

He didn't threaten me until he came towards me. He was just on a tirade of "fucking fags and bums." Ferrer said this individual's gait got slower and he was walking along Ferrer in a way to cut him off near the sidewalk where they were both headed. "He then turns around and comes toward me." He said the individual is now by Vintage Avenger and is yelling threats. "I will fucking kill you" and "I will fuck that fat bitch up." or it may have been "I will shut that fat bitch up."

This is the first time we have heard these threats mentioned. This interaction is also important because when Mr. Rees questioned Ferrer on cross, he gets caught in his own words.

After these threats are yelled, Ferrer said that Anderson was face to face with him and he had no idea where "Nick and Sophie were". "His left hand is out and one hand is in his pocket," said Ferrer. "I pull out my knife." This is a pocket knife he bought from Big 5 and doesn't always carry with him but had used earlier to put patches in his vest. This is another detail he changed during cross.

Mr. Reavis asked Ferrer to show him how he held the knife. Ferrer got up and with his right arm extended out, showed how he was holding the knife. Ferrer then testified, "I say something like, 'Get the fuck away from me, you damn lunatic." Ferrer said Anderson stopped his verbal tirade but "came at me."

"All I was trying to do was scare him away," said Ferrer. "I stood my ground where I was." Ferrer said Anderson had his right hand in his pocket and was "coming at me. At the time I thought he had a weapon. Obviously, he doesn't care about starting a fight with three people. He takes his right hand out and he hits me and he falls over. I had to push him with both hands." Ferrer says he still has his knife in his right hand. He (Anderson) fell on his bottom and shakes his head and does a 360 and gets up and wants to go another round. Nick and Sophie are there. I pull Sophie behind me and tell her, 'let's get out of here'.He (Anderson) says, "That's all you got mother -fucker" and starts a tirade."

Again, we have never heard this threat before in any interview or in the preliminary hearing.

"It didn't dawn on me until we were away that he was cut. I don't remember Nick and Sophie having any contact with him."

Ferrer will later on contradict and say he did not realize that Anderson was hurt or he did not relaize that the cut was fatal. He remembers some details but cannot remember where Nick and Sophie were and even after they have plead guilty to kicking and punching Anderson, he testifies today that he only knows this because "cops told him."

At this point, Mr. Reavis and Ferrer act out the struggle in the middle of court before the jury in a dramatic fashion with it ending where Anderson "falls on the knife."

Ferrer then mentioned yet another detail that has never been mentioned before.  Ferrer testified, "I can't remember exactly but I said something like, That's far enough. Stay back, you fucking lunatic." This is when Anderson allegedly "fell on the knife" or was allegedly stabbed.

Ferrer claims as the three are walking away, Anderson is still yelling. He testified today he could not remember how fast or slow they walked and could not tell the route they took home but he did describe a route to law enforcement in the video we all saw in court just yesterday.

"We stopped and said what the fuck? What was that about? I think I may have stabbed him. I realized this as I was walking with the knife in my hand and I just tossed it." Ferrer said that Stoiber told him, "No you didn't do that?" and Ferrer said he responded, He bum rushed at me." Ferrer tetstified that "it appeared there was no blood on the knife" so he did not think he had hurt Anderson. Ferrer said, "Nick started crying and I just hugged him." He said they were thinking, "What was his (Anderson's) problem? What is his trip?" Sophie was quiet. She is not vocal. All this was in response to a lot of prompting by Mr. Reavis as Ferrer was testifying.

Ferrer said that neither "Nick or Sophie" told him to get rid of the knife, he did it on his own. Today, he said"he walked Sophie home, then went to Nick's house and Nick drove him home." In his first interview with law enforcement (in the video yesterday) he denies this and says he walked home and parted ways with "Nick and Sophie."

Ferrer then said that the three of them had planned to talk about the incident but they were arrested before they got a chance. He also said that the trip he took to San Francisco after the altercation was planned and he "did not flee."

He said that "there was nothing in the media the next day so it threw him off. It made me think nothing bad came from it. If someone dies from something, it would be on the front page." The altercation happened in the late night of November 24/early morning hours of November 25 so Ferrer's next day refers to later in the day on November 25.

"My concern was that he was hurt but not fatally. I was more fearful for revenge so I thought I better stay away from the bars." He said he found out from Lost Coast Outpost there had been a stabbing. He said the information in LOCO was "vague and misleading" and that it only stated name, age and occupation of decedent and he did not think it was the same guy he encountered on H street but he also said he talked with "Sophie at length about having a bad feeling."

When asked about the incriminating text messages shown during Acting Sgt. Ortega's testimony, he said the "no snitching" was because "he did not want to be drawn into anything" and "who would believe me." He said Stoiber had seen a picture of the victim of fatal stabbing and he wanted to see it and would have turned himself in but he got arrested.

Ferrer neglected to point out that it had been 8 days when he was arrested and there had been media coverage of the incident days before the arrest.

Mr. Reavis asked why he made all those denials to law enforcement in his first interview. Ferrer responded, "because cops accused me of stabbing. To this day, I deny that. I was mad. I was arrested without seeing a photo.  I was mad they had Sophie. At that time, I didn't know I was going down for a long time."

Mr. Reavis asked him why he changed his mind about speaking to Acting Sergeant Ortega at St. Joseph's the next day after the first interview. Ferrer repeated what he told Mr. Reavis yesterday, "I didn't like the attitude and remarks from Sgt. Sligh and I wanted to talk to Sgt. Ortega alone and have a better interaction with law enforcement."

Ferrer said prior to his arrest that night when "I found out Sophie and Nick were arrested, I slammed tequila from a bottle Sophie and I were saving" for a special dinner. Ferrer says he does not know how much he drank and this affected his attitude during that first interview.

Mr. Reavis asked Ferrer if he told Acting Sgt. Ortega "everything you testified today?".

Ferrer's response,"I summarized it."

This is the second interview he gave law enforcement. Ferrer said after talking to Acting Sgt. Ortega at the hospital, he felt "awful because I let a lot of people ndown. I didn't do anything to bring this situation to me."

Ferrer said he does not remember two statements a witness testified hearing that night: "I'm still behind you. I'm still following you."

He admitted that after Anderson's body came in contact with his knife, there was no physical threat, just verbal threa with bhis "fist up in the air". Mr. Reavis was surprised at the "first up in the air" and expressed that in court. "Oh, he had his first up in the air?"

You would think if you are charged with murder and been in custody since December 2013, you wouldn't surprise your attorney in court.


1 comment:

  1. Does the man understand the definition of perjury? Or is he just so self absorbed that lying comes naturally.?

    ReplyDelete

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