Court MinutesA neurosurgeon testified he saw a masked man fire a rifle past his car on I-35; a crime scene analyst said he counted 44 cartridge cases
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Video: Law&Crime Trials · Published 6:01 PM CT
Today in five bullets · State of Texas v. Markies Conway · Day 3 · Oct 28
- Dr. Graham described a second man with a rifle who stopped at the passenger-side headlight of his car and fired two or three shots past it before running off. 9:27 AM
- O'Donnell testified he was the first crime scene analyst at the Nov. 11, 2020 freeway scene and said he counted 44 fired cartridge cases. 10:51 AM
- Armenta testified the car she did not recognize in State's Exhibit 615 was a black Camaro, and agreed it was backed in across the street from her complex. 1:16 PM
- Wright testified his dog indicated twice in the front passenger area, and another special agent pulled down the footwell carpet and found the firearm. 4:17 PM
- Bazan testified he found a Glock 19 on the living room floor and an AR-style rifle under the couch cushions; both guns were received into evidence. 2:53 PM
The Case
Charged: Capital murder (murder for hire).
What happened: Markies Conway, the Dallas rapper known as Yella Beezy, is accused of paying for the killing of rival rapper Melvin Noble Jr., known as Mo3, who was shot on Interstate 35 on Nov. 11, 2020. Conway has pleaded not guilty.
Where it stands: state's case.
Judge Chika Anyiam · State: Tommy Adams · Defense: Toby Shook
Updated Day 3
What's next
Court resumes Thursday, Oct. 29, at 9 a.m.
Morning: a motorist on I-35 and two crime scene analysts
Dr. Randall Graham, a neurosurgeon, testified that northbound I-35 traffic came to a standstill around noon on Nov. 11, 2020 9:20 AM. He testified he heard loud banging, saw a man sprint past his car and then felt an explosion as glass hit his face 9:26 AM.
Graham described a second man with a rifle who stopped at his car's passenger-side headlight and fired two or three shots past it 9:27 AM, and testified the shooter wore a black cloth mask, so he could not make out facial features 9:29 AM. He testified he then performed CPR on the victim 9:33 AM.
Courtney Lozano of the Dallas Police Department's Crime Scene Division testified she was the second analyst to arrive, about 45 minutes after Justin O'Donnell 9:51 AM, and said heavy traffic could have moved fired cartridge cases at the scene 9:52 AM. She testified she found a bullet fragment in an Audi whose windshield had a bullet hole 10:22 AM.
O'Donnell testified he counted 44 fired cartridge cases 10:51 AM and that $17,960 was collected from the gold Honda 11:08 AM. He testified he found no firearm in the car and agreed one was found there later 11:10 AM, and said he photographed a suspect he learned was Kewon White in December 2020 11:11 AM. On cross-examination, he told the defense he could not say how old the bills were 11:24 AM.
Surveillance video of a Camaro, and evidence from a house search
Former Dallas police crime scene analyst Kylene Forbing testified she photographed another vehicle with damage north of the main I-35 scene 11:31 AM. Luis Robles, who manages a collision repair shop, identified a Honda Accord and then a Chevrolet Camaro heading east on his shop's video 11:43 AM, and testified its time stamp ran one hour ahead 11:42 AM.
After lunch, Vanessa Armenta testified police asked her for video from her home cameras, which faced a parking lot 1:13 PM, and that the car she did not recognize in one still was a black Camaro 1:16 PM. On cross, she testified a woman's voice on one video sounded like Jocylynn's 1:21 PM. The judge sustained the state's speculation objection to a follow-up question and told the jury to disregard the answer 1:21 PM.
Detective Seth Rosenberg of the Dallas police crime scene unit 1:23 PM testified he searched the door of Noble's car for fired bullets and recovered none 1:26 PM. He identified a semi-automatic rifle and a drum magazine from a house searched under a warrant 1:57 PM, and the judge overruled a defense objection that another drum magazine was cumulative and unrelated to the murder 2:03 PM.
On cross, Rosenberg agreed money found in a green Camaro at the house was fake 2:26 PM and that the drugs there were of a kind found in a drug house 2:29 PM. He testified his report listed no drug quantities 2:34 PM.
Afternoon: a house search and the ATF agent
Scott Bazan, a Dallas police detective who spent 14 years as a crime scene detective, testified he was sent to search a house in the Noble investigation 2:36 PM. He testified he found a Glock 19 on the living room floor and an AR-style rifle under the couch cushions 2:53 PM.
On cross-examination, Bazan told the defense that in his opinion the house was a drug house or trap house 3:33 PM. On redirect, he testified he found no large amounts of money there 3:51 PM.
Derek Wright, an ATF special agent and group supervisor, described his ATF and police career 3:59 PM. He testified he was not part of the original investigation and was asked to search a Honda Accord at the Dallas police impound lot on Oct. 18, 2023 4:10 PM. He testified his dog indicated in the front passenger area and another special agent found a firearm under the footwell carpet 4:17 PM; he agreed it was concealed pretty well and said it was not easily accessible 4:19 PM.
On cross, Wright told the defense that ATF's NIBIN database flags possible cartridge case matches and that firearms and tool mark examiners make the final determinations 4:20 PM. He testified he had found guns in vehicles before, in bags and under seats, but not hidden in the carpet 4:25 PM. Judge Anyiam then recessed court for the day 4:26 PM.
All 40 Moments
| Time (CT) and stream position | Moment |
|---|---|
| 9:20 AM 0:27:01 | Dr. Randall Graham, a Methodist Health System neurosurgeon, testified that northbound I-35 traffic came to a standstill around noon on Nov. 11, 2020. Direct (state) |
| 9:26 AM 0:32:13 | Dr. Graham testified he heard loud banging, saw a man sprint past his car, then felt and heard an explosion with glass hitting his face. Direct (state) |
| 9:27 AM 0:34:09 | Dr. Graham described a second man with a rifle who stopped at the passenger-side headlight of his car and fired two or three shots past it before running off. Direct (state) |
| 9:29 AM 0:35:48 | Dr. Graham testified the shooter wore a black cloth mask, so he could not make out facial features. Direct (state) |
| 9:33 AM 0:40:04 | Dr. Graham testified he performed chest compressions and CPR on the victim, who had multiple gunshot wounds and was breathing abnormally. Direct (state) |
| 9:51 AM 0:58:01 | Lozano testified that she was the second crime scene analyst to arrive at the highway shooting, about 45 minutes after Justin O'Donnell, at about 1:44 p.m. Direct (state) |
| 9:52 AM 0:59:04 | Lozano testified that fired cartridge cases are easily moved or bounced around in a scene with a lot of movement, so traffic could have affected evidence. Direct (state) |
| 10:22 AM 1:28:54 | Lozano testified that she searched the Audi because it had a bullet hole through the driver's-side windshield, and she found a fragment on the rear floorboard. Direct (state) |
| 10:51 AM 1:57:55 | O'Donnell testified he was the first crime scene analyst at the Nov. 11, 2020 freeway scene and said he counted 44 fired cartridge cases. Direct (state) |
| 11:08 AM 2:14:25 | O'Donnell testified the money collected from the gold Honda, including from jeans and a backpack, totaled $17,960 and was taken to the property room. Direct (state) |
| 11:10 AM 2:16:20 | O'Donnell testified he found no firearm when he searched the gold Honda and removed no panels, and agreed a firearm was later found in the car. Direct (state) |
| 11:11 AM 2:17:54 | O'Donnell testified that on Dec. 9, 2020, he photographed a suspect he learned was Kewon White; the defense said it had no objection to the photos. Direct (state) |
| 11:24 AM 2:30:30 | O'Donnell told the defense he could not say how old the bills he collected were, and said he was only documenting them. Cross (defense) |
| 11:31 AM 2:37:24 | Forbing testified she went to the I-35 scene to photograph another vehicle with damage, which was north of the main scene shown on the diagram. Direct (state) |
| 11:42 AM 2:48:29 | Robles testified the 12:48 time stamp on his shop's video ran one hour ahead because of the daylight saving time change, and the correct time was about 11:48. Direct (state) |
| 11:43 AM 2:50:03 | Robles identified a Honda Accord, then about 40 seconds later a Chevrolet Camaro, heading east on video from his shop about 2 to 3 miles from I-35. Direct (state) |
| 1:13 PM 4:19:21 | Armenta testified Dallas police came to her door asking about surveillance video, and said she had cameras facing the parking lot outside her window. Direct (state) |
| 1:16 PM 4:22:41 | Armenta testified the car she did not recognize in State's Exhibit 615 was a black Camaro, and agreed it was backed in across the street from her complex. Direct (state) |
| 1:21 PM 4:27:11 | On cross, Armenta testified a woman's voice on one of her videos sounded like Jocylynn's, and agreed with the defense that she sounded excited and emotional. Cross (defense) |
| 1:21 PM 4:27:26 | The judge sustained the state's speculation objection to a defense question on whether the woman's statements were true and told jurors to disregard the answer. Ruling |
| 1:23 PM 4:29:17 | Detective Seth Rosenberg testified he has worked in the Dallas police crime scene unit for 15 years and with the department for 25 years. Direct (state) |
| 1:26 PM 4:33:01 | Rosenberg testified he went to the police auto pound to retrieve fired bullets from the door of Melvin Noble's car, removed the door panel and recovered none. Direct (state) |
| 1:57 PM 5:03:58 | Rosenberg identified a semi-automatic rifle and its drum magazine from a house searched under a warrant, and said the drum can hold up to 50 rounds. Direct (state) |
| 2:03 PM 5:10:08 | The judge overruled a defense objection that a drum magazine exhibit was cumulative and unrelated to the murder; the state said a firearm expert would cover it. Ruling |
| 2:26 PM 5:32:56 | On cross, Rosenberg agreed money in a green Camaro at the house was fake, and that a credit card machine in another photo was for making fraudulent cards. Cross (defense) |
| 2:29 PM 5:35:41 | On cross, Rosenberg agreed the house held drugs of a kind found in a drug house, and said he could not remember what was in a set of stacked boxes. Cross (defense) |
| 2:34 PM 5:40:38 | On cross, Rosenberg testified he did not take the boxes, said he would have taken liquid codeine had it been there, and agreed his report listed no quantities. Cross (defense) |
| 2:36 PM 5:42:49 | Scott Bazan, a Dallas police detective and former crime scene detective, testified he was sent to search a house in the Noble investigation. Direct (state) |
| 2:53 PM 5:59:50 | Bazan testified he found a Glock 19 on the living room floor and an AR-style rifle under the couch cushions; both guns were received into evidence. Direct (state) |
| 3:04 PM 6:10:44 | Bazan testified he collected an ID at the house bearing the name Devin Maurice Brown Jr.; Brown is charged separately and has not been tried. Direct (state) |
| 3:33 PM 6:40:00 | On cross, Bazan told the defense he believed the house was a drug house or trap house, which he described as a place where people conduct illegal activities. Cross (defense) |
| 3:51 PM 6:57:58 | On redirect, Bazan testified he found no large amounts of money or stacks of bills at the house, only a dollar bill in a kitchen cabinet. Redirect (state) |
| 3:55 PM 7:01:48 | On redirect, Bazan testified the ID card for Devin Brown, who is charged separately and has not been tried, listed a Duncanville address, not the house. Redirect (state) |
| 3:59 PM 7:05:21 | Derek Wright testified he is an ATF special agent and group supervisor, has been with ATF since 2016, and before that was an Albuquerque police officer. Direct (state) |
| 4:10 PM 7:16:44 | Wright testified he was not part of the original investigation and was asked to search a Honda Accord at the Dallas police impound lot on Oct. 18, 2023. Direct (state) |
| 4:17 PM 7:23:37 | Wright testified his dog indicated twice in the front passenger area, and another special agent pulled down the footwell carpet and found the firearm. Direct (state) |
| 4:19 PM 7:25:31 | Wright agreed with the prosecutor that the gun was concealed pretty well and testified it was not easily accessible if someone needed it in a hurry. Direct (state) |
| 4:20 PM 7:27:09 | On cross, Wright told the defense ATF's NIBIN database flags possible cartridge case matches, and firearms and tool mark examiners make final determinations. Cross (defense) |
| 4:25 PM 7:31:52 | On cross, Wright testified he had found guns in vehicles before, in bags and under seats, but not hidden in the carpet. Cross (defense) |
| 4:26 PM 7:32:31 | Judge Anyiam recessed court for the day and said the trial would resume at 9 a.m. the next morning. Scheduling |
Clock times are court local (CT). Each opens the Law&Crime Trials stream at that moment.
Witnesses today
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