Jun 24, 2015

"You don't want to get stabbed"; "You don't want to mess"

Officer Joshua Phinney, the third witness for the People this morning testified very briefly. Phoenix Campbell's attorney did not ask him any questions.  Officer Phinney identified Campbell, the defendant and Deputy District Attorney Rees had Officer Phinney describe what happened when he responded to a 911 call, which Officer Phinney said was "regarding people assaulting each other."

DDA Rees asked if he found anything on "his (Campbell's) person". Officer Phinney saida knife and that it was in his right front pocket with the blade, less than an inch sticking out of his pocket." It was with the tip of that blade that he pulled the knife out. There was no clicking sound and he placed it on the hood of his place car until he handed it to Officer Kasinger, who testified yesterday, he put it into an evidence bag.

The second victim, William Hardnick testified today. Unlike the first victim, he was detailed, consistent. He was credible but he had a bit of youthful attitude, asking both DDA Rees and Ms. O' Connell questions such as "is this relevant?" and giving opinions. At one point, he turned to the jury and said, "I know you guys think smoking marijuana is bad, it's not." After a few gentle warnings, Judge Marilyn Miles sternly reminded him about rules in court and then he, as he would probably say,  "chilled" and behaved.

Hansen yesterday did not refer to Campbell by name. Although Hardnick testified that he also met the defendant for the first time on the day of the incident, he referred to him as Phoenix. Mr. Rees asked if he recognized anyone in court.

"I know Phoenix," said Hardnick. "He tried to steal my friend's vaporizer and almost tried to stab him."

Hardnick said that at first, he was friendlt to Campbell. He also described the cement block he was sitting on and he said Campbell was walking in his direction from the train tracks with a "bottle of peppermint schnapps." He said hi to Campbell who then came over to where he was and "Eli showed up, he was supposed to meet up with me. Phoenix asked to use the vaporizer, puffed once or twice. Eli asked for it back. Eli put his hand out. Phoenix did not respond. He pulled the vaporizer back and eventually pulled a knife out." Hardnick did not see Campbell when Campbell pulled the knife out, he said.

"He was holding the vap in one hand and the knife in another. I believe his exact words were and he said several things, 'You don't want to get stabbed'; 'You don't want to mess'. Eli said, 'C'mon dude."

DDA Rees: "When you saw this happen, what did you do?

Hardnick: "Nothing at first, when Eli started chasing him, I grabbed my skateboard and chased him."

DDA Rees: "Were you afraid?"

Hardnick: "Not afraid; pissed he was stealing my friend's $200 vaporizer. I picked up my skateboard and told him he did not want to get smacked."

"We told bystanders to call the police and he said we were chasing him for no reason," said Hardnick. He said at some point Campbell threw the bottle of schnapps on the ground and when they got to Alliance Road, he started throwing up.

Hardnick then described how they both dove for the knife on the ground at the same time, adding a couple of details to Hansen's testimony. "He was not trying to hit me, he released the knife in my direction. I didn't want him to pick it up. Initially, I was going to hit him with my skateboard but I was afraid I would get charged with assault so I out it up to protect myself. I was very scared I would get stabbed." In the struggle for the knife, Hardnick said Campbell was on top of him until "Eli pulled him off" confirming what Hansen said. Less than a minute later, the police arrived.

Hardnick told DDA Rees in response to a question whether he had ever been in trouble. He has never been arrested and the only "trouble" he mentioned was : being suspended and then expelled from Arcata High School for smoking marijuana."

He added he was smoking marijuana before the incident occurred and so was Campbell. That is when he made the off the cuff remark about marijuana to the jury.






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