Chad Daybell Trial: David Warwick Finishes His Testimony and Lori's Niece's Ex, Brandon Boudreaux, Takes the Stand.

 

Prior continued his cross of David Warwick. He asked about Warwick's previous testimony and communication with prosecutors. Warwick confirmed that reviewed a written document from the prosecutors. He also confirmed that he described Chad as kind, meek, humble and religious. 

Prior asked Warwick if it would be fair to say that he may not agree with all of Chad's religious beliefs and Chad may not agree with his. Warwick said yes.

Prior asked Warwick if he knew what a seance was. He said yes. Prior asked if Warwick and or Gibb ever took part in one. Warwick said no.

Warwick testified that he and Gibb have lived separately for two years. Prior asked Warwick how long that had lived together. Warwick said several months. Prior asked Warwick if the reason why he married Gibb is so they wouldn't have to testify against each other. Warwick said no.

Prior asked Warwick if he saw Chad on Saturday, the weekend he was at Lori's. He said yes early in the afternoon. Prior said that after Warwick had a late breakfast he had went to the Firm Foundation. Warwick said yes.

Prior asked Warwick if he saw Chad on Sunday. Warwick said yes, he saw Chad at the park late in the morning. Prior then asked Warwick if he remembered meeting at the 80-acre land with Alex and Gibb. Warwick confirmed that JJ wasn't there.

Prior asked Warwick how long did he meet with Chad on Saturday. He said a half an hour.

Warwick confirmed that Chad showed up with the realtor on Saturday in church clothes. Prior said that he didn't understand how Chad could have meet Warwick if he was at church. Warwick told Prior that they were attending their “calling,” not church services.

Warwick confirmed that he did not see Chad on Friday.

Prior had no further questions.

Wixom was up for the redirect. Warwick testified that the last time he talked to prosecutors about his testimony was a few months ago.

Warwick testified that he had told law enforcement that he liked Chad. Wixom asked Warwick if he used a more descriptive language when he discussed Chad. He said he could not recall and reviewed a report from Det. Hermosillo for reference. After Warwick reviewed the report, Warwick said he was angry Chad told Gibb not to speak with police. “When someone makes a call like that, something’s wrong” he said. Warwick also said that Chad was manipulative and developed people’s confidence in him to his favor.

Warwick was asked why he married Gibb. He said that he married her because she was a wonderful woman who was great with his son with Down syndrome.

Warwick testified that the weekend he was at Lori's, Chad said that Tammy was healthy. He also told Warwick that he had a dream that Tammy would die.

Wixom asked Warwick if his visions ever led him to believe that he had superpowers. He said no.

Prior now for the re-cross. Warwick testified that Chad told him that weekend that Tammy would die sometime in the near future. He also confirmed that he heard had Chad had discussed Tammy dying before met Lori.

Prior had nothing further.

Brandon Boudreaux, Melani P’s ex-husband was next to be called to the stand. Melani is Lori’s niece. Brandon and Melani were married for about 10 years from 2008 and they have four children together.

Brandon testified that he had met Melani's family. He said he met Janice and Barry Cox, Adam Cox, Alex Cox, Summer Shiftlet and Lori Daybell.

Brandon testified that he would spend holidays with the Cox family. He said when they lived close, they see each other once a month. He said they also went to trips together. Brandon said that he would spend a lot of time with Lori and Charles Vallow and got to know them very well. He said that his kids would play with JJ and Tylee.

Wood asked Brandon if he was aware that JJ had some special needs. Brandon said yes, everyone could tell JJ had autism. He said that early on JJ was nonverbal and that he had a lot of energy and didn't know how to use it. As JJ got older, he began to talk and would rephrase things over and over.

Brandon said that Tylee was a normal teenager. He said that she had her moments where she'd want to sleep in late and would want no one to bug her and watch too much Netflix. He said that other times she'd open up, was sweet and had good motherly instinct. She would often babysit Brandon's kids. Brandon said that Tylee was very protective of JJ. Brandon confirmed that he had a special religious connect to Tylee, he baptized her.

Wood asked Brandon about Melani P's relationship with Lori. Brandon said that Melani's mom died when she was young, and she had an awesome stepmom, but she also looked a lot to Lori as a mother figure. He said that Melani was easily influenced by Lori, spent a lot of time with her, wanted to be like her and spent a lot of time looking for her acceptance.

Brandon said that he had a really good relationship with Charles. He said that they had similar personalities and loved what they did for work. He said that Charles had the mentality of a producer. He said that they both loved their faith and spent a lot of time talking about how grateful they were for their families.

Wood asked Brandon if he recalled the last Christmas that his family spent with Lori and Charles' family. He said it was in 2018 and it was different from the other Christmases they spent together. He said they went to Lori's house and "you could just feel the difference". He said that that Christmas Gibb was there, and it was weird having a stranger at Christmas. He said that there was a lot less conversation from Lori to Brandon and lot less attention shown to his kids. He said that Lori used to dote on his kids and make them feel loved. He said that Christmas she didn't. Brandon said he told his wife, Melani, after he left the party that it felt different. She told him that it didn't feel different at all.

Brandon said that Melani didn't use to like to go to church, that he was the advocate for going, but all of that changed in the fall of 2018 she started going to the temple daily. He said that the temple is very important in the LDS faith, but normally the goal is to go once a month. He said he believed in moderation and that going to the temple for anybody was a lot, especially a mother with kids and home and other responsibilities. He said it was surprising.

Wood asked Brandon if going to church was the same thing as going to temple. He said no. He said you go one time for yourself to make a promise to God. He said it was like being baptized. Brandon said that each time you go afterwards you go for someone who has passed on. Church is someone they would go to every Sunday in a church building for church services.

Brandon said that in 2018 Melani started going to things that she said were "Firesides", but he said that he wouldn't call them firesides. Wood asked Brandon to explain what "Firesides" are. Brandon said that in his faith there are groups of people that live in the same geographical area called a "ward" and for each ward there is a leader called a "bishop". The bishop, counselor or leadership group would set up meetings, besides Sunday church service, that would lift them up or encourage them spiritually. He said that they are usually outside the normal times you go to church, and they are usually in the evening.

Brandon said that Melani was just going to people's houses where there'd be meeting not under direction from the church, and often they would talk about things that weren't normally talked about in church. Brandon said that one time she came home and wanted to go buy $10,000 with of food storage all at once because she was afraid of the end of the world.

Brandon said that he tried to share his perspective with Melani. He said he had served a mission and he saw some people who fell away from the religion because they weren't focused on the core of the faith, and they got lost.

Brandon said that he asked if he could join a fireside, but Melani told him that he wasn't welcome.

Brandon said that Lori was the one who invited Melani to the firesides.

Brandon testified that in the beginning of 2019, Lori sent a letter that claimed Charles had been cheating on her, so she took all of his money out of his bank account, changed the locks on his house and stole his truck. Brandon said that it was very irrational to him. He didn't even know about it for a while. He said that he hadn't heard from Charles in a while and found out that Melani blocked him in his phone.

Brandon said that Charles didn't want the breakup to happen, he tried not to let it happen and was sending group emails to try to work through it.

Brandon said that Lori left JJ with Charles. He said that JJ had to be watched all the time, he couldn't be left alone. He said you had to make plans around watching JJ.

Wood asked Brandon of Melani took a side. Brandon said he try to encourage Melani not to pick a side, just to love them both and to make sure that the kids had a safe place to stay. He said that Melani told him that she felt uncomfortable around Charles. Brandon said he did his best to honor what Melani wanted.

Wood asked Brandon if he saw Lori in early 2019. He said not at all. Wood then asked him if he'd seen Charles during that time. Brandon said that he did a few times. JJ would come over and play with his kids. Wood asked Brandon what JJ would do when he came over. Brandon held back tears as he talked about how JJ would play with his kids and would play video games. He said that JJ would kind of bounce all over the place and his son would keep an eye on him and play with him.

Brandon said while JJ was playing with his kids, he would talk to Charles. Brandon said that Charles was pretty distraught, sad and overwhelmed.

Wood asked Brandon if he was aware if there was an attempt with reconciliation between Charles and Lori. Brandon said yes, Charles tried to reconcile and stopped the divorce. He said that Charles said that he would always try to make it work.

Wood asked Brandon if he took a trip to his in-law's house in the summer of 2019. He said that he did in June for his wife's younger sister's wedding. Wood asked Brandon if anything out of the ordinary happen. Brandon said first his grandfather died of a heart attack. Brandon said that he told Melani when the funeral was, and she said she didn't want to go. Brandon testified that this led to an argument because he wanted him family to go with him to the funeral.

Brandon testified that the argument led to something that didn't make any sense to him, Melani accused Brandon of hacking into Lori’s computer.  He said that Melani also accused him of being gay.  Brandon said he was heartbroken. He said that the argument went from the afternoon through midnight. After Melani went to bed he said he stayed up “troubled” all night. He said texted Lori and Charles, telling them if his family was “ruined” it was “on them.”

Wood asked Brandon if Lori ever responded. He said no, but Charles responded the following evening. He said that he and Charles spoke, and Brandon apologized to Charles for not being there for him. He said he felt like he believed Charles felt going through a separation and divorce. Brandon said that Charles was really gracious and that was the last time he talked to him.

Brandon said he no longer had any contact with Lori, JJ and Tylee. He and Melani were divorced, and the process began immediately after his grandfather’s funeral.

Brandon said he sold his house, helped Melani get a rental home and he got a rental home for himself. He said that his rental home was close to Melani's because he wanted to make sure his kids had stability.

Brandon said that since June, Melani and stopped talking to him, they would barely text and there was no "connection" anymore. He said that she was very "cold" to him.

Wood asked Brandon if at that point, did he know where Lori was. He said no.

Brandon described what happened on October 2nd of 2019, the day that someone tried to shoot and kill him. He said that he got his kids ready for school, dropped the older ones off to school and the younger one to Melani's house. He said that he then went to the gym. When he returned from the gym, he saw a Jeep parked on the corner near his home that he thought was “awkward” and out of place. He said that the Jeep had a Texas license plate and no spare tire on the back of the Jeep. He said that the window of the Jeep opened up and he saw a gun and then a silencer, and his window shattered with a bang. Rather than turning into his driveway, he floored it to the end of his street and parked near a community pool, where he called 9-1-1. He said he then saw the Jeep come around the corner, do a U-turn and then go the other way. He said that he followed it at first, but the 9-1-1 operator told him to go and park in front of his house and wait for police, who came shortly after.

Brandon confirmed that he only moved into the house a few days before he was shot at and the only ones who knew he had moved was Melani and his neighbors.

Brandon said that it was the driver's side window that shattered, and he found out later that the bullet was lodged in the door frame. He said that the bullet hit right above where is had was.

Brandon said that after talking to law enforcement and Zac Cox and others, he was confident that the Jeep was Tylee's. He said that Charles got the Jeep for Tylee in 2019.

Brandon said that Zac was Adam's son and stayed with Lori and Charles for a period of time.

Brandon said that at the time of the incident he was an insurance agent and Charles had previously given Brandon all the insurance information for the Jeep, so he relayed that to law enforcement including the VIN.

The court took a break and when they returned Wood published photo of Tylee’s Jeep. Brandon confirmed that was the Jeep he saw on October 2nd.

Brandon said that entire situation was traumatic, and he knew a resolution wouldn’t come quick, so he decided to help police in any way possible. He hired a private investigator and provided police with emails he received from Charles which voiced concerns Charles had about Lori’s mental health and the belief set she was building. Brandon said that Charles had sent those emails to Lori's whole family. 

Brandon said a lot of the emails had things that showed what Chad had sent to Lori about the light and dark scales and that is how Brandon learned he was considered a dark spirit.

Brandon said that he wanted to learn more, so he Googled "Chad Daybell." He said that when he typed Chad's name in Tammy's obituary popped up. He said that something inside him was shocked and so he called and texted the detective on his case at the time and told him what he found. Around that time Brandon learned that JJ and Tylee were missing.

On June 9th, 2020, Brandon said he received a call from Rexburg while he was at his parents' house informing him that they had found JJ and Tylee's bodies. He said that the next day was his wedding, so he got remarried and shortly after that he drove up to Rexburg. When he got to Rexburg, they asked him to identify JJ. Brandon, weeping on the stand, stated that he identified JJ by photos of his deceased body on June 11.

Wood had no further questions.

Prior began the cross. He asked Brandon how often he got to see Charles. Brandon said that when he lived close, he'd see Charles every week and when Charles would travel for work sometimes, he wouldn't see him for a whole month.

Prior asked Brandon when it was that he first me Lori. He said it was in 2008.

Prior asked if Brandon agreed with him that Lori and Alex had a very close relationship. Brandon said it was off again on again. He said that sometimes they were very close and other times they wouldn't see each other very often. He said that it seemed that they knew each other very well.

Prior asked Brandon if he noticed that every time Lori would move Alex would follow. Brandon said not always, but sometimes that would happen. He said that there was a time where Alex lived with him and his family while Lori was living in Hawaii for a couple of years.

Prior asked Brandon if when Lori left JJ and went to Hawaii, did he know where Lori was. He said at the time he had no idea where she was.

Brandon agreed that JJ and Tylee had a close relationship. Prior asked him if it was true that Tylee was a second mother figure to JJ. Brandon said at times, but she was a teenager so there were times that that wasn't the case. He said that in the emails Charles had sent, he said that JJ would often say how he missed Lori.

Brandon confirmed that Charles had attempted a reconciliation with Lori. Prior asked Brandon if Charles had discussed with him Lori trying to convince him into her being the beneficiary to his life insurance policy. Brandon said that Charles never talked to him about his life insurance policy.

Brandon confirmed that he thought it was odd that Gibb was at Lori's in 2018 for Christmas. He confirmed that it seemed Lori and Gibb had a close bond. Prior asked Brandon if he knew when it was Lori and Gibb first met. He said no.

Prior asked Brandon if Melani participated in the gatherings in August, September and October of 2018. Brandon said he believed so. Prior tried to suggest to Brandon that Gibb was the one who planned and organized the gatherings. Brandon said he couldn't testify to that he didn't know who planned them.

Prior asked Brandon if David Warwick was at the Christmas gathering with Gibb. Brandon said no.

Prior said he was confused about why people in Brandon's faith go to the temp and suggested that they only went to get sealed when they first got married. Brandon said there are many things that can be done at the temple such as baptisms for the dead. Prior cut Brandon off before he could explain the other things that could be done at the temple.

Brandon testified that you could get sealed to your spouse for all of time and eternity. Prior asked him if regardless of what happened would you be sealed to your spouse. Brandon said not necessarily. He said if you break your promises to God you no longer will be sealed.

Prior asked Brandon if he ever heard of the group "Preparing the People." Brandon said yes. He said he had never been to an event so he couldn't testify to what they were about.

Prior asked Brandon if he had heard of anyone who had visions. Brandon testified that he never had visions and didn't personally know of anyone who has had them.

Prior asked Brandon if Melani had been involved in seances. He said he had no idea.

Brandon testified that he had never experienced light and dark teachings in the LDS faith.

Prior had no further questions.

Officer Ryan Pillar was next to take the stand. He had worked for the Gilbert police department in Arizona for over 17. He said he was a patrol officer for nine years before moving to the special victims' unit in 2016 and then to the Violent Crimes unit in 2019. He said he was now voluntarily back on patrol as working with the schools.

Pilar he was the lead detective in the Brandon Boudreaux shooting incident. He said that the call came in at 9:14 am. Pilar said that there were shards of glass and Brandon's vehicle was parked in front of the house. He said that the vehicle had evidence that it had been hit by a projectile. He said that witnesses confirmed that there had been a vehicle idling in front of Brandon's house at the time of the shooting.

Deputy Idaho State Attorney General Ingrd Batey asked if he received a description of the vehicle. Pilar said yes, that after talking to the witnesses and Brandon he was able to ascertain that it was a darker gray Jeep displaying a Texas license plate, without a spare tire attached to the rear hatch. 

Pilar testified that at the time he learned of a recent homicide in Chandler in which Brandon's wife Melani's family had been present. Pilar said that he had learned that Brandon was going through a divorce at the time.

Pilar testified that the Chandler investigation learned that Charles Vallow was the victim of the homicide and that his wife Lori was Melani's aunt and at the scene was Lori's brother Alex Cox.

Pilar said that at the scene where Charles died was the gray Jeep they had been looking for and it was registered to Charles.

Batey asked if Pilar developed a person of interest during his investigation into Brandon's shooting. He said yes, Alex. 

Pilar said that they were able to use an LPR to track the Jeep's movements from Rexburg to Gilbert and back around the time of the shooting.

Pilar said that once the Jeep was located, he reached out to Rexburg and Freemont County Sheriff’s Office, and they served a search warrant in November to Lori's apartment. While searching the Jeep, Pillar and other officers collected physical evidence, including DNA swabs and gunshot residue.

Batey asked Pilar if at some point in the investigation did the direction of the investigation shift. He said yes, it shifted on November 26th to a missing persons' case after learning that Lori's children hadn't been seen for sometimes.

Pilar said that they began interviewing family members and associates as well as setting up surveillance cameras of the family members and acquaintances that were believed to have the kids. Pilar said that there was no indication that the kids had been in Arizona at that time.

Pilar testified that he stopped his surveillance of Alex when he died on Dec. 12, 2019. They then executed a search warrant of his home and found guns, clothing and literature authored by Chad. Also, inside Alex's truck they found gun paraphernalia.

Batey had no further questions.

Prior was up for the cross. He asked if the common denominator of the instances was Lori and Alex. Pillar agreed.

Prior had no further questions.

Next witness to be called was Deputy Colter Cannon. He is with the Fremont County Sheriff’s Office, is a school resource officer and patrol deputy. He has worked for the Sheriff's office for 10 years. 

Cannon was on patrol when he received a call reporting a “suspicious circumstance” involving Tammy Daybell and that someone had pointed a gun or a paintball gun at her. 

The 9-1-1 call from Tammy's son-in-law, Joe Murray was played. The phone call was choppy and hard to hear in parts.

9-1-1- "9-1-1 what's your emergency?"

Murray- "Yes, so my mother-in-law who is what had just gotten home about 10 minutes ago was unloading her car and she thinks the man but she's not 100 percent sure because she couldn't see because he was wearing a ski mask came up to her with a paint ball gun and started shooting at her, but it wasn't loaded. You know nothing came out of it." He also said something about that he ran around back.

9-1-1-: "What's the address? Are you there? Hello, are you still there?

Murray: "Yeah can you hear me?"

9-1-1: "OK, now I can hear you. What's the address?"

Murray then gave his address.

9-1-1: "OK, I need her address. What's her location?"

Murray: "I think it's 201."

9-1-1: "Her address 201 N 1900 E?"

Murray: "Yep, yep."

9-1-1: " And does she know which direction he ended up running?"

Murray: "He's headed he got behind their house."

9-1-1: "Okay and did she give you a prescription of the clothing?"

Murray:" I didn't get one from her."

9-1-1 "What is your name?"

Murray: "My name is Joseph Murray."

9-1-1: "Ok, is this a good phone number for ya?

Murray: "Yep."

9-1-1: "Ok, I am sending units out to your mother's house."

Murray: "Alright thank you."

9-1-1: " You're welcome. Bye, bye.

The second call played was made by Tammy to dispatch.

Dispatcher: "Fremont County Sheriff’s Office."

Tammy: "Hi, I need to report something."

Dispatcher: "Ok. Go ahead, what is the address?"

Tammy: "Ok... um... 202 North 1900 East. The corner with the broken blinking yellow light on the highway."

Dispatcher: "Is there a suspicious person?"

Tammy: "Yes."

Dispatcher: "Ok. What was she wearing?"

Tammy: "He was all dressed in black, and he had a ski mask on."

Dispatcher: "And you said at the blinking yellow light is where you saw him?"

Tammy: "No. No. I’m when I - He is gone now. Cause, um... I pulled up into our driveway and he - I was getting stuff out of the back seat of my car and suddenly he was there, and he had a paintball gun, like he was going to shoot at me. And I kept asking him what he was doing, so I could tell it was a paintball thing."

Dispatcher: "Ok."

Tammy: "And then he just kept doing it, so I yelled for my husband, and then he took off running around the back of my house."

Dispatcher: "Ok just give me one minute and stay on the line with me."

Tammy:" Ok."

Dispatcher: "That was 200 North, 1900 East?"

Tammy: "Yes."

Dispatcher: "Do you know what direction he was going?"

Tammy: "Um he, he just went behind my house and it's so dark out here and I just went in the house and got my husband and son. And they went out and looked and he was long gone by then."

Dispatcher: "OK."

Tammy: "He was on the north side of my house is where he went to get away."

Dispatcher: "OK."

Tammy: "He didn't say anything, or he just kept at like he was holding the gun like he was you know had a rifle and just shooting at me so, but nothing came out of the gun either, so I don't think it was loaded."

Dispatcher: "OK, what is your name?"

Tammy: "My name is Tammy Daybell."

Dispatcher: "OK, I will pass your information on to my deputies. Um we actually just had a previous call about this individual so they're out in the area looking now."

Tammy: "Yeah, Ok I think it was my son-in-law who lived diagonal from us that called you guys already."

Dispatcher: "Oh, Ok."

Tammy: "I just wanted to make sure it got reported so."

Dispatcher: "Um let's see. And what's your son-in-law's name."

Tammy: "Is Joseph Murray."

Dispatcher:" Ok, yep it was him."

Tammy: "OK."

Dispatcher: "So all right. I have a deputy that will be out at your home here shortly."

Tammy: "OK, Thank you."

Dispatcher: "Yep."

Cannon testified that he responded to the calls around 9 p.m. He said it was dusk and the sun was going down. He drove around the property and searched for the assailant.

The court took a break.

When the court reconvened, Canon reported that following the searches were fruitless. He said that he then had a conversation with Tammy, who recounted the incident. She said she was getting the groceries out of the backseat of her car when she noticed a male standing at the rear of the vehicle. She stated that she faced the gunman, who remained silent. She recalled hearing two popping sounds, yet the gun did not discharge any bullets.

Wixom asked Cannon if he had any contact with Chad. Cannon said that he didn't talk to Chad, but he was standing there listening to the conversation. Cannon said that he found it odd that his wife was victimized, and Chad didn't take any actions to protect her.

Cannon said that then he walked around where the initial area where the vehicle was and looked for any shell casings or paint marks. He said he didn't find anything. He said he then went and talked to Joseph Murray. Murray had told Cannon that he heard Tammy scream and then saw a man run around the north side of the property.

Wixom asked Cannon if he was a part of any other search on the property. Cannon said yes, on January 3rd of 2020. He said they did a search warrant on Chad's home. He helped the FBI shift through the snow for shell casings.

Wixom had no further questions.


Prior began the cross. He asked Cannon about the two separate police reports he filed regarding the incident. Prior said that the first one was very brief, and Cannon agreed.

Cannon testified that he hadn't wore a body cam that day because it was broken.

Prior published a photo of the report. He asked Cannon to read the first line of the first report. " I was dispatched to a suspicious call of a male holding a paintball gun at a lady on 1900 east and 200."

Prior asked Cannon did make it a point to include the word “gun” after “paintball.” Cannon said, “Well, it’s a paintball gun, so…”

Prior asked for the 9-1-1 calls from Tammy and her son-in-law Joseph Murray to be played again.

Cannon testified that a couple of months later he was asked to put more detail in his report, so that was why his second report was longer.

Prior asked Cannon if it was really important that he add more detail or were his supervisors trying to allege that there may have been a gun there.

The second report apparently had incorrect times and showed that Cannon spoke with Tammy four minutes before she made the 911 call. It also listed the suspect as being 6 feet, 200 pounds which was changed from the original that stated the suspect was around 5’10”, 190 pounds. Prior suggested it was changed to better fit Alex’s description. Cannon said not to his knowledge, no.

Prior asked if Joseph Murray heard a gunshot. Cannon said that he did not know and didn't ask him. Cannon said he only asked him what he saw.

Prior asked why it was so important to include the word “gun” but not important enough to ask if the witness heard a gunshot. Prior then asked Cannon what information he had received to lead him toward the gun involved being a gun, rather than a paintball gun. Cannon said it was information he received from Tammy.

Prior played part of Tammy's called to dispatch. Prior said he heard the words "paintball gun" and "paintball thing." He asked Cannon where on the tape the word "gun" was used. Cannon said later on. Prior asked him where that was. Cannon said that it was further on in the recording. Prior said that he didn't hear that, he heard it stop. Cannon said it was because it stopped it.

Prior was done with his questioning.

Wixom was up for the re-cross. He asked Cannon how long after the incident was it that he wrote the second report. Cannon said it was a couple of months. Wixom asked Cannon if he responds to a lot of calls. Cannon said yes. Wixom then asked him if a superior officer asked to write another report, was that something that he'd do. He said yes. Wixom asked Cannon if he was fed information to put in the report. He said no and he agreed that the information he put in there came from his memory.

Wixom asked about Fremont County policy regarding body cams. Cannon said the sheriff’s office doesn't require the use of body cams. Cannon testified that besides a body cam he used police reports to memorialize what had happened in his cases.

Wixom asked Cannon if he could explain his discrepancy in the time stamps of the second report. Cannon said that that was probably when he had been dispatched to the scene.

Cannon testified that there was nothing he discovered that ruled out that the incident “could have” involved a “real gun.”

Wixom asked Cannon why he didn't ask Joe Murray if he heard gun shots. Cannon said that he believed that that detail would have been brought up without asking.

Wixom had no more questions.

Next to testify was Officer Alyssa Greenhalgh. She works as a patrol officer for the Rexburg police department which she has done for 3 years. Before working for Rexburg, she worked at the Freemont County Sherrif's office for 4 years as a patrol deputy.

Greenhalgh responded to the report of Tammy's unattended death. She explained that an unattended death is where a person was not under a physician's care. She said that it is her duty to respond to the scene before the detectives and coroner get there and to look for obvious signs of foul play and then request resources as needed. She mentioned that she searches for clear signs of injury, such as gunshot wounds, and signs of disturbance in homes, like furniture that appears to have been toppled or moved.

Wixom asked Greenhalgh if prior to taking the call, did she ever hear Tammy's or Chad's name before. She said no and testified that she hadn't been familiar with them.

Wood admitted the 9-1-1 call that was place by Garth and Chad Daybell on the day of Tammy's death.

9-1-1: "9-1-1- where's your emergency?"

Garth: "Um, we're at 202 north 1900 east."

9-1-1: "What's going on?"

Garth: "We just found my mom, she's on the ground frozen or she's stiff and i don't know..."

9-1-1: "Are you in Madison County or Freemont County?"

Chad: "Hello, I'm Chad, the husband. Um, she's clearly dead. Um..."

9-1-1: "Sorry. Ok. Are you in Rexburg or... Because your address shows Rexburg but you are in Freemont County?"

Chad: "Yes. Oh no. Oh."

9-1-1: "OK."

Chad: "Yeah, she's not even... She's frozen."

9-1-1: "OK, can i get your name?"

Chad: "Chad Daybell. Oh..."

9-1-1: "OK, Chad. I'm going to get somebody up to you right now, ok?"

Chad: "You know the corner where the blinky yellow light is with the red house?"

9-1-1: "Yes sir. Red house on the corner."

Chad: "Yes."

9-1-1: "Blinking yellow light."

Chad: "Right..."

9-1-1: "OK. We'll get somebody out to you, ok? I am so sorry."

Chad: "Ok..."

9-1-1: "If you need anything else, you call me back, ok?"

Chad: "OK."

9-1-1: "OK. Bubye."

Greenhalgh testified that the call came in around 6am and she didn't think it was light outside yet. She also testified that prior to Tammy's death, she had responded to unattended deaths 5 or 10 times.

Wixom asked Greenhalgh what was the first thing that she observed when she arrived. She said that Garth let her into the house and went into the living room. She said that Chad then came into the living room shortly after she arrived. Greenhalgh said she asked them what was going on and then asked them to show her where Tammy was.

Wixom asked if there was anyone else at the home at that time. She said no. He then asked Greenhalgh if anyone else arrived at the home later. She said yes, the deputy coroner Cammy Wilmore, the coroner Brenda Dy, and some family members.

Greenhalgh said Chad and Garth walked her back to the bedroom at the end of the hallway to the right where Tammy was. Greenhalgh testified that Chad was more emotional and Garth more reserved.

Greenhalgh said that Tammy's body was lying on the bed with her feet hanging off the corner of the bed. The mattress was pulled of the boxspring a little bit and she was covered up with a blanket up to her shoulders.

Greenhalgh said Chad had told her about midnight Tammy had woken up with a coughing fit and she had vomited on the bedroom floor and moved on to the bathroom down the hallway and continued vomiting. Greenhalgh said that Chad told her that he got up to help Tammy clean up, put her back to bed and then they both went back to sleep. He then had told Greenhalgh that at 5:40am he felt the blankets shift off of him in bed, woken up and thought that Tammy had fallen off the bed, so he had told Tammy to get back on the bed. When Tammy didn't answer him, Chad said he stood up, turned the lights on and found her unresponsive. He said her feet were wrapped in blankets and were on the bed, but her head was on the floor. He said that he then called Garth for help, and they put her back on the bed.

Greenhalgh said that she first checked Tammy for a pulse, which she did not have. She said that Tammy's body was colder than the room temperature and stiff. She said that Tammy had pink foam coming out of her mouth and down the side of her face and she was deceased.

Greenhalgh said that Chad told her that Tammy had been suffering from a “pretty bad cold” but did not like visiting the doctor. He had told Greenhalgh that Tammy had recently fallen and visited the doctor, and she was going through menopause and suffered from fainting spells.

Greenhalgh requested for assistance from detectives in investigating the death. She said that the detectives had told her to take photos and allow the coroner to decide whether an autopsy was needed.

Greenhalgh testified that she found nothing suspicious about the scene, based on info provided by Chad and no one else provided any info about Tammy or her death. She said that Garth was present for the conversation and never said anything.

Wixom admitted photos of Tammy's body that Greenhalgh had taken. Greenhalgh said that the first photo was of Tammy's body lying in bed. 

Greenhalgh said that the second photo was a close up of Tammy's face and the foam. She said that the third photo was how Tammy's arms were lying, uncovered by the blanket. 

The fourth photo she said was a full body photo of Tammy's body totally uncovered by the blanket. She said the photo also showed a little bit of the mattress.

She said that the fifth photo was of Tammy's hair and also right ear, which had some discoloration to it. 

The next photo she said was a close up of Tammy's face where blood could be seen around her mouth and nose and that it had traveled down the left side of her face.

She said the next photo was to show the foam had run down the side of her face along with depicting a little more of the blood.

She said that the eighth photo showed Tammy’s face after the coroner wiped some of the foam and blood away.

The last photo Greenhalgh said was of Tammy after she arrived at the coroner's office. She said that some time had passed, and the photo showed bruising and color changing that had happened on her skin. She said that Tammy's face, neck, mouth, chest and chin area showed bruising. Greenhalgh testified that the pink foam was gone and that she hadn't removed it.

Greenhalgh said that there was lividity on the back of Tammy's legs and lower back. She said that lividity is bruising from blood pooling following death. Greenhalgh said that this showed Tammy was on her back for a significant amount of time after she died.

Greenhalgh testified that she never discussed the possibility of an autopsy with Chad and never heard anyone else do so either.

Wixom asked Greenhalgh if she did a medicine check and if she determined if Tammy had been on any medicine. Greenhalgh said yes, Chad had told her that Tammy was taking prescription as well as over the counter medication for depression. Greenhalgh testified that found no evidence that Tammy may have overdosed on any of those meds. Greenhalgh also testified that she never found anything suspicious at that time.

Wixom was finished with his questioning.

Prior was up for the cross. He said that it was determined an autopsy would only be performed if the Daybell family wanted one and they did not. Greenhalgh agreed.

Greenhalgh confirmed what meds Tammy had been taking. Prior said that Chad had told Greenhalgh that Tammy was “experimenting” with essential oils. Prior said that there was also cough medicine found next to the bed. Greenhalgh said yes. Prior said that among the meds found was also an essential oil “respiratory blend” and a supplement to treat bruising and swelling. Greenhalgh agreed.

Greenhalgh agreed that Chad was more “shook up” and “disturbed” than anyone else in the house.

Prior suggested that Tammy was dealing with “unexplained falls.”

Greenhalgh confirmed that was not using a body cam or recorder while present for the investigation into the unattended death.

Prior suggested that the pink foam was from anemia. Greenhalgh said she could not confirm that, but she did confirm that there were no signs of a struggle in the home.

Prior asked Greenhalgh if she was aware that Tammy’s daughter, Emma, had said that Tammy had “slowed down” recently. Greenhalgh said yes, she found out through the coroner.

Prior then read from a report about something Greenhalgh said she didn't remember. She then informed Prior that he was reading the coroner’s report.

Prior was done with his questioning.

Wixom asked Greenhalgh if she had information outside of Chad telling her that Tammy was the one who took the nonprescription treatments found at the home. She said no, she didn't know who had been taking the medicines and for how long.

Greenhalgh testified that Chad had never told her that Tammy had seizures and confirmed it was possible Chad told her one thing and the coroner another.

Darkmatter: Chad Daybell Trial- Retired FBI agent Doug Hart Continued On the Stand and Lori's Son Testified. (darkmatter69.blogspot.com)

Chad Daybell Trial- Retired FBI agent Doug Hart Continued On the Stand and Lori's Son Testified.

 

Retired FBI agent Doug Hart was back on the stand with Bake continuing the questioning. 

Blake showed a slide detailing text messages between Chad and Lori. 

Hart said that the text messages showed that Lori had found out that Charles had changed the beneficiary on his life insurance policy. 

Hart described the next slide, which displayed the life insurance documents that showed the beneficiary was changed from Lori to Kay Woodcock.

Text messages were shown from August 7th to the 8th of 2019. 

Lori to Chad- “Mel wants us to come up there tomorrow, but I said next Thursday to Sunday. What do you think?” 

Lori to Melani P- “We just had a big fight, Probably no go on next week.”

Lori to Chad- "My heart is crushed and i will never stop loving you."

Chad to Lori- "You're the best. I hope your day goes well. I adore you.

Chad to Lori- "Absolutely excruciating to be cut off from you. Love you."

Hart testified that the "Mel" was Lori's niece Melani P. He what caught his attention was the conflict between Lori and Chad. He said at that point Charles had been dead for almost a month and Lori wanted to go with Melani P. to Idaho to visit Chad. Chad was still married to Tammy, and she was still alive.

Hart testified that the fight was over that Chad had a family vacation planned when Lori and Melani wanted to come visit.

More messages were shown from the previous conversation.

Chad to Lori- “Good night. Saddest day of my life."

Chad- “Grandpa Keith is here. I am supposed to warn you that you are unprotected. The angels are angry that you are ignoring me. I told him to go back, but he says he isn’t allowed to. I’m honestly not trying to manipulate you to respond, I understand that you need your space. But they say you have cut me off, and the protection I build around your house is gone. I love you and don’t want you getting attacked. They said if you at least give me a (?) it will restore our connection enough to give some protection.” 

Lori- “I love you.”

Chad- “Thank you, my love. I will get things restored.”

Hart testified that Chad's lengthy text was an example of how Chad used his visions to manipulate Lori. Hart said in that text that Grandpa Keith was Lori's deceased grandfather and how Chad said that he wasn't sure if he could protect her anymore and that the angels were angry.

The next slide was of a photo Lori sent to Chad on August 10th, of her on a beach wearing a yellow swimsuit with the text, “Surprises are waiting!!” 

Hart said that that was an example of how Lori would manipulate Chad.

The next slide was another message sent later that night by Lori to Chad- “Very good description of what just happened. Wish you were really here to experience this with me.” 

Lori- “Thank you for being mine. Wish I could wake up and kiss your sweet tender lips for real. You are my everything!” 

Hart said that it indicated they used “using portals” to communicate with each other, even though they understood it wasn't real or true.

Aug. 11, 2019, Chad to Lori- “I will join you! Partly why I am so sad is my Boise trip has turned into a trip with extended family. Not happy about it. 

Lori- “How much more of this can you take?” 

Chad- “They want to go to Craters of the Moon National Park. I can’t take much more. So trapped.” 

Lori- “R we supposed to wait forever?” 

Hart said that Chad was on vacation with Tammy and other relatives.

The next slide continued the previous conversation.

Chad to Lori- “No, but the next two days will be torture. Thankfully, I will be alone most of Wednesday and beyond.” 

Lori- “Is that what He wants. For me to sit around waiting for you endlessly. And you miserably wasting time? Is just doesn’t feel right!” 

Chad- “I’m so frustrated, I’m sorry honey. 

Lori- “U can’t just keep tearing my heart out. I really can’t take it anymore. I’m sorry."

Hart said that it was one month to the day after Charles' death. He said that the pressure Lori put on Chad for them to be together increased significantly.

More text messages.

Lori- “If you really loved me, u wouldn’t want that either.” 

Lori- “U should give all of you love and attention to your wife and family. I’m just a distraction. Go have fun with your family. I really to want you to. I just can’t be in the way anymore. If things change then we can talk. but we have nothing until things change anyway.”

Chad- “Oh, honey. That is so crushing, I feel so destroyed inside. You know my love for you is deep and real. I want change, I’m constantly begging for change. I want you. Nothing else matters. But I am hindering your life, and you deserve better. I love you so intensely.”

Hart said that it is a clear indication of Lori wanting to be in a relationship out in the open with Chad. 

Chad- “But I will leave you alone, as excruciating as that will be, until I hear from you.” 

Lori- “U can’t say to me nothing else matters. Because everything is before me. If that’s what the Lord wants then I’m. I just need to do something else so I can pull myself out of this deep despair. It’s not like me to be this way. it’s been way too much for way too long.” 

Lori- “The pain is unbearable.”

Hart said that showed Lori's impatience. He said that there was never any indication that Chad was going to get divorced from Tammy.

Chad to Lori- “You are right. Put me aside until things change. Yes, the pain is unbearable." 

Lori- “R u going to threaten me that I’m unprotected for doing so?” 

Chad- “Absolutely not. I’m so upset at the circumstances that I am demanding they protect you more than ever.”

Hart said that Lori's asking Chad if she was being threatened if she were to leave him alone was a nod to the previous text where Chad said that he didn't know if he could protect Lori anymore.

Lori to Chad- “I’m so alone without you!! It is devastating!!” 

Chad- “I feel so alone too. We are surrounded by telestial relatives that are simply obstacles. I’m so sick of it!!” 

Lori- “Me too!! What is it that you really want?”

Chad- “I want to be with you. That is my greatest hope and dream. I would happily join you tomorrow if it felt like heaven would not strike us down.”

Hart pointed out where Chad texted "We are surrounded by telestial relatives that are simply obstacles."  Hart said that “telestial” referenced the lowest level or degree of glory of heaven in the LDS faith. So “telestial relatives” was a reference to people who were in the lowest level of heaven perceived.

Blake said that the "telestial relatives" were described as obstacles. Hart said yes.  

Hart said Chad’s greatest desire was to be with Lori. Hart said that Chad told Lori he would immediately join her if he could.

The court took a break, when they were back, Prior began the cross-examination of Hart. Prior stated that Hart went over tens of thousands of messages through his investigation. Hart said yes. Prior asks if he ever reviewed messages between Lori and Melanie Gibb. Hart says yes.

Prior asks if any of the people in the messages he reviewed use nicknames. Hart said that Lori referred to herself as Lolo, Lily, and Chad referred to her as Elena.

Prior asked Hart if he remembered Gibb referring to herself as Phoebe. He said that it rang a bell, but he couldn't be sure. Hart said Alex was often called “Al”, Melani P was “Mel”, and Lori often called Chad “Bubby.”

Prior admitted an exhibit that showed previous text messages that had been displayed between Lori and Chad. Prior then had Hart read one message in particular sent from Chat to Lori.

“I want to be with you. That is my greatest hope and dream. I would happily join you tomorrow if it felt like heaven would not strike us down.”

Hart said that it sounded like Chad wanted his relationship with Lori to be known to everyone.

Hart testified that Lori and Chad’s relationship started the first time they met on October 31st, 2018, and that their physical relationship began in November, because Chad Daybell “wrote about it in great detail. Hart said that "They were kissing fondling in bed together, taking each other’s clothes off.” Hart confirmed he was referring to the James and Elena story that Chad wrote.

Prior asked Hart if he knew what Chad did for a living. Hart said yes and then confirmed that Chad was an author. 

Hart testified that he believed that Chad's writings about James and Elena was a truthful and accurate story of Chad's relationship with Lori.

Prior asked Hart if he had gone back and read some of Chad's other writings. Hart said someone on the investigative team read Chad’s other books, but he personally did not. Hart said he understood that Chad had written about prior experiences in his life. 

Prior discussed the Aug. 11th, 2019, text messages between Chad and Lori. Prior read the text, “I would happily join you tomorrow if it felt like heaven would not strike us down.” Prior told hard that that line had nothing to do with murder. Hart said he couldn't say that it didn't have anything to do with murder. He said he didn't know what was on Chad's mind. Prior said he didn't see anything throughout the text messages like, “Hey, this is Chad. Let’s kill the kids.” 

Hart said there were several texts that talk in detail about the deaths of the kids. Hart said there were texts alluding to and planning for the deaths of Tylee and JJ. Hart explained that there were several text messages between Lori and Chad that referred to "a plan to take the children" and Chad's ability as a "suppose visionary" to understand when that might happen.

Prior said that "So there is no specific text message that talks about 'We're going to kill the kids and live happily ever after.'" 

Hart disagreed. He said that contextually he thought that that was the meaning of those texts. He said that those texts talked about the deaths about Tylee and JJ, about the death percentage, and both Tylee and JJ ended up being murdered.

Prior asked Hart if he was referring to the text messages where Chad assigned death percentages to the children. Hart said yes. Hart said he believed the “dark number” provided justification for Chad and Lori to kill JJ and Tylee.

Prior had Hart read a line from a text message Chad sent to Lori. "Aly Bloomer is considered 4.1 dark. Her cop husband is three dark."

Prior asked if Aly and her husband were dead. Hart said no.

Prior asked if it "this" part of the LDS faith. Hart said no. Prior then asked Hart if there was reference to light and dark in the LDS faith. Hart said yes. Hart also said that he didn't think light and dark as assigned by Chad was part of the LDS faith.  Prior asked Hart to explain how Chad’s light and dark scale worked. Hart said that he thought that the higher the number the worse it was. 

Hart agreed that he thought Chad used his religious beliefs to manipulate Lori. He said that Chad was looked to as the visionary for the small group they were a part of and that he used that to keep Lori in a relationship with him. Hart said that the "inner circle" was Chad, Lori and Alex and that the “peripheral” members of the group would include six to ten people. Hart confirmed that Gibb, David Warwick, Zulema Pastenes, and Melani P. would be included in those "peripheral" members.

Prior said that Hart had said Lori wasn’t believing everything Chad was saying about religion. Hart said that was untrue and that he believed Lori believed “pretty much everything Chad Daybell said.”

Prior said that Chad started writing his books before he met Lori. Hart said yes. Prior said that Chad wrote books about a lot of religious issues. Hart said yes that most of Chad's books had to do with an "End of Times" theme. 

Prior said that Chad would go to various places and try to sell his books and that is how he would predominantly try to make a living. Hart said agreed. Prior said that Chad would go to encampments, gatherings and locations that were primarily centered around Utah. Hart said no that it was St. George, Utah, Mesa, Arizona, and Boise. Hart agreed that they were predominantly sold to people of the LDS faith and market to people preparing for end of times. 

Prior then asked if all the people that bought Chad's books were part of a cult. Hart said not to his knowledge. Hart agreed that Chad's audience for his books and speeches were varied.

Prior said that Gibbs, David, Warwick, Alex, Lori and Chad were all friends that talked about their religious experiences. Hart said yes.

Prior showed another text message that had been previously shown. He then asked Hart if when Lori texted that she was “just a distraction” and told Chad to “go have fun with your family” was sarcastic. Hart said he thought she was pushing Chad and that she had been serious.

Prior read, "If things changed, we can talk but we have nothing until things change."

Prior asked if it was fair to say that Lori basically said that unless Chad and Tammy got divorced, he killed Tammy, or Tammy died, he wouldn't “have her.” Hart agreed.

Prior then read, "I am constantly begging for change, but I am hindering your life, and you deserve better. I love you so intensely."

Prior asked Hart if there were ever any texts from Chad that said, “I agree with you Lori, let’s kill Tammy.” Hart said that he found numerous texts that talked about Tammy's death percentages.

Prior asked if Hart was aware that Chad had talked to public audiences since 2016 about the fact that Tammy was going to have a very short life. Hart said that he was aware that Chad had made those statements to particular individuals. Hart said that he wasn't sure the people that Chad spoke with knew Tammy.

Prior asked if the messages conveyed that Chad was waiting for Tammy to pass away. Hart said or it could have been waiting to take action.

Prior published more messages.

“Phoebe” (Gibb) to Lori- “I am doing pretty good thanks. I love you so much. I’m going to teach right now. Teaching about discerning and shutting off dark portals. 

“Phoebe” (Gibb)-"I could see the darkness so clearing last night when I was teaching last night. Their eyes were dark like marbles.”

Prior asked Hart if the talk about dark portals or dark eyes like marbles was a part of the LDS faith. Hart said not to his knowledge.

Prior then told Hart that there were others that talked about putting numerical numbers one people who were light and dark. Hart said there was only one instance where Lori disputed a “dark or light” number given to somebody and that was the only time he was aware of someone else giving numbers on individuals.

Prior talked about how James and Elena were sealed. He then asked Hart what sealing was. Hart confirmed that it was a marriage ordinance in LDS temples and that the couple is sealing themselves to each other.

Prior had no further questions.

Blake was up for the re-direct. Blake asked Hart about the “sealing reference” and if he testified before that there were also sealings done for people who have passed away. Hart said yes. 

Blake asked Hart if Chad had indicated that he and Lori would be married eternally. Hart said that was precisely what was written in Chad’s writing. Hart confirmed that the “light and dark” teaching originated from Chad. He agreed that those teachings were taught to Gibb.

Blake talked about the term “telestial relative.” Hart agreed that Chad said they were “obstacles.” Blake asked if Aly Bloomer was a telestial relative of Chad. Hart said no. 

Blake asked if Charles Vallow, Tylee Ryan, JJ Vallow and Tammy Daybell were ever deemed dark. Hart said yes. Blake asked where those four relatives were. Hart said all four of those people are dead.

Blake had no further questions.

Sidney Woodbury Shank was the next witness called to the stand by the state. She was a babysitter Lori reportedly hired from Care.com in Arizona.  she lived in Rexburg in 2019 as she was attending college at Brigham Young University-Idaho.

Wood asked if through Care.com did Shank ever met Lori. She said yes. Shank said that Lori reached out to her for babysitting, and she met Lori and JJ at Lori's town home on September 18, 2019. Shank said Lori mentioned that JJ had autism and that he had difficulty focusing at times, had behavioral difficulties, and required extra help. Lori also told her that they had just moved to Rexburg from Arizona, and that her husband had passed away from a heart attack, something JJ was struggling to understand.

Wood asked if Shank if Lori had ever mentioned Tylee. Lori never mentioned Tylee’s name but had said that she had a daughter living in town to go to college who would sometimes come home for dinner or to babysit and didn't like to babysit without getting paid.

Shank said she was hired and watched JJ for 3 to 4 hours the next day because Lori said she had to go pick up a friend. Shank said Lori told her what to feed JJ, some activities to do, and that if she got home late, she could give him some medication to help him sleep. Shank said JJ was playing with the neighbor kids the majority of the time. She said he was a “fun kid”.  She said she fed him dinner before he went to the neighbors, and she went back to pick him up before Lori got home. Shank said that when Lori got home, she had her friend and her brother with her.

Shank said that she messaged Lori a couple days later to work for her again. Lori said JJ went with his grandparents for a month and she was in Hawaii for a month, but after the month had passed, she could call to reschedule another time to babysit. Shank said that called and texted Lori, but she never got a response back. Shank confirmed that Lori never mentioned Chad Daybell.

Wood had no further questions.

Prior began his cross. He asked Shank what time Lori had returned home. Shank said that it was 5 or 6 at night. Shank confirmed that it was a Thursday when she babysat. She also confirmed that Lori had told her about JJ's behavior problems and how to distract him.

Prior asked Shank when Lori left did anyone go with her. Shank said yes, her brother Alex did, and they left around 1pm. Prior asked Shank if she knew the name of the friend that they went to pick up. Shank confirmed that she didn't know the name of the friend but did see her, and that she thought she was a blonde. Shank said the friend came in and didn’t have any luggage with her. 

Prior asked about JJ's behavioral problems she witnessed. Shank said JJ kind of freaked out when they came home from the neighbors, and he threw an ottoman and a chair down before running upstairs “wanting space.” She said she heard something fall and when she checked on JJ, he had thrown a mirror on the ground and broke it.

Shank confirmed that when JJ was over to his friend's house, they got into an argument about sharing a toy.

Shank confirmed that the only people she saw at Lori's house that day was the friend Lori picked up from the airport, Lori and Alex.

Shank said that Lori was “too comforting" to JJ and didn’t try to correct his behavior. Shank said that “To me, throwing chairs and breaking stuff isn’t an appropriate behavior. Instead of correcting that, she was just emotionally there for him and being very sweet and kind to him.” Shank thought was it was inappropriate.

Prior asked if she ever heard the people at the house use the word “zombie” to describe JJ’s behavior. Shank said no.

Prior had no more questions.

Dr. Josh Wilson was the next witness called to the stand. He was the principal at JJ's school in Rexburg. 

Deputy Attorney General Ingrid Batey questioned Wilson for the prosecution.

Wilson said that JJ was enrolled at the school at the beginning of September 2019. JJ's first day of school was Sept. 3 and Lori was there to enroll him. Wilson said that Lori told him that they had just moved from Arizona after her husband died of a heart attack, so they were moving to Rexburg to be closer to family. Wilson said that JJ was enrolled at Kennedy Elementary for three weeks and his last day was September 21st.

Wilson said that they tried to contact Lori to finish JJ’s special needs assessments, but she informed them that JJ was moving to Louisiana. Wilson said that he told her to have the new school request for JJ’s records, and they would pass them on. Lori told him that they were going to homeschool JJ. Wilson said they would keep JJ’s records if they ever chose to enroll him in public school again. Wilson confirmed that the never received a request for JJ's records.

Batey had no further questions.

Prior was up for the cross. He asked Wilson if he communicated over the phone with Lori. Wilson said yes. Wilson said that Lori never mentioned Chad, and he never saw or heard anything about him.

Prior had no further questions.

Wynn Hill was next up on the stand. Hill was the dean of students at BYU-Idaho in Rexburg and now a therapist in the counseling center. He has worked for the school for 18 years.

Hill confirmed that he was contacted by police in February 2020 to do a records check on Tylee. He said that she was not a student at the time, and they had no record her. She never even applied to the school.

Batey had no further questions.

It was Prior's turn to question Hill. Hill confirmed that he never talked to Lori, never discussed an application for Tylee, and never heard of Chad.

Prior had no further questions.

The court took a lunch break. When court was back Colby Ryan, Lori’s oldest son was next to take the stand. Prosecutor Rob Wood did the questioning for the prosecution.

Colby testified that his five siblings are Cole, Zach, Tylee, and JJ. He said that Cole and Zach are his stepbrothers through Charles Vallow.

Wood showed a photo of Tylee. Wood then asked about the person in the photo, Colby became emotional before revealing, "That's my sister, Tylee." Colby said that she was his half-sister on their mom’s side.

Wood then published a photo of JJ. He then asked Colby who was it a picture of. Colby became emotional once more, stating his brother JJ. He said that he was adopted. Colby said Charles Vallow was his stepfather and had been married to Lori for over 10 years. “He was my dad. It was good.” Colby confirmed that he was close to him.

Wood asked Colby if he recalled when Charles passed away. Colby said yes, it was July 11th, 2019. He mentioned that Lori called him between 1 and 3 o'clock, informing him of Charles's death due to a heart attack. Colby confirmed he had no reason to not believe that was how he passed away.

Colby testified that he visited Lori's house in Gilbert, Arizona around 7:30/7:45 p.m. on the day that Charles passed away. Colby said, “Tylee opened the door and hugged me, and she was crying. I saw my Uncle Alex sitting on the couch with a bandage around his head, and then I saw my mom in the backyard.”

Colby said he asked Alex what was on his head, and Alex told him that Charles had hit him in the head with a bat, so he shot him in self-defense.

Wood asked Colby what Lori’s demeanor was like. Colby said that Lori was “calm and unrattled.” Colby said he thought it was crazy because he was freaking out, and she seemed to no care. Colby said that Lori told him that there was a fight. Colby said that he was in shock so he couldn't remember exactly what she said. He said that she gave him a very quick version of the story. He testified that he didn't know why his mom had lied to him earlier.

Wood asked Colby if he ever talked to Lori about Charles' life insurance policy. Colby said yes, he talked to Lori about Charles' life insurance policy when he was growing up, so he would know what would happen if either Lori or Charles died. Colby said a few weeks after Charles died, Lori told him that she was not going to receive any money. Wood asked him if it was his understand that Lori was expecting the money. Colby said yes.

Wood asked Colby if when Charles was alive, did he get to speak to Lori about Charles' finances. Colby said Lori informed him about hers and Charles’ finances, and that they were “running low.” Colby agreed that it was a common theme that they were running out of money.

Wood asked Colby if he knew who Tylee's father was. Colby said yes, Joseph Ryan. Wood asked Colby if Joseph Ryan was his biological father. Colby said no and confirmed that he took his last name. Colby said that Joseph was died in the summer of 2018.

Wood asked Colby if he was aware that Tylee received Social Security benefits after Joseph passed away. Colby said yes Lori told him. Colby said that Lori said that she received money monthly.

Wood asked Colby if he ever received money from Tylee. He said yes, she would often send him money via Venmo. He said he had asked Tylee a couple times, but it was mostly Lori asking on Colby's behalf.

Wood asked Colby when the last time he saw Tylee. He said it was August 30, 2019, outside of a gym in the parking lot in Mesa, Arizona. Colby said that Lori was very vague, and she was leaving. She brought JJ and Tylee and Tylee was crying. Colby said that he hugged JJ and Lori told him that they would be back in a few weeks to visit. Colby said she wouldn't tell him where they were going even after he asked.

Wood asked Colby if he exchanged texts with Tylee on September 8th, 2019. Colby said he thought he asked her to send money. He didn't remember exactly what she said, but he did remember that the last text he received from Tylee said, “I love you, and I love the girls.”

Colby testified that he had heard her earlier that day in the background when he was on the phone with his mom. He said he heard something about them being on a trip. He said Lori told him that they were at Yellowstone.

Wood asked Colby if he ever had a conversation after Charles' death about Tylee's SS money. Colby said yes. He said that Lori said that Tylee's money was going to be everyone's money.  Colby asked Lori how she was going to take care of JJ and Tylee, and she said she was going to work and use Tylee’s SS money to make it through.

Colby confirmed that August 30th of 2019 was the last time he saw JJ and Tylee.

Wood asked Colby if he was contacted by the Gilbert police on November 27th, 2019. Colby said that they came to his door looking for Tylee and JJ. He told them he didn't know where they were.

Wood asked if he had been concerned about Tylee. Colby said that he was concerned about Tylee because their conversations were “not normal.” He said that the dialect in her texts weren't matching up the way she spoke. He said she wasn't contacting him like she use to and thought she was upset, but he didn't want to pressure her because he knew she had been through a lot.

Colby testified that the last time he spoke with Tylee as on August 30th with JJ on Facetime.

Wood asked Colby if he continued to get text messages from Tylee throughout September of 2019. He said yes and confirmed that those were the messages he felt were different. 

Colby testified that he received Venmo from Tylee a couple more times after he saw her for the last time as well as money from Lori on Cash App. He said the money kept getting denied because it was a new account. Colby said he didn’t ask for the money; it was just sent.

Wood asked Colby if he talked with Lori after Charles died about her getting married again. Colby said yes and that his mom told him “I’ll be married again soon.” He said he disregarded her and told her that was crazy. He thought she might had been talking about getting married in the next life. Colby confirmed that she never mentioned the name Chad Daybell to him. Colby said that Lori said she had been becoming “spiritual” for a long time and Colby knew that she was spending a lot of time with Melanie Gibb.

Wood asked Colby if he had contacted Lori after the police had been there on November 27th. He said yes, immediately after they left. He asked her what was going on and why did the cops ask him where JJ and Tylee were. Colby said that Lori told him that she would take care of it but did not tell him where they were. Colby didn't know where Lori was either.

Colby testified that he had tried to call Lori on Thanksgiving, but she did not respond. He said that a couple of weeks later she sent him an email, telling him everything was fine and that she “had Jesus on her side.” 

Wood was done with his questioning.

Prior was up for the defense. He asked Colby about the money he got from Tylee and Lori in 2018 and 2019. Colby said that he was getting money because he had children of his own and needed help. Prior said that Tylee had helped Colby out because she was a very caring person. Colby said absolutely. Prior said that Tylee was a very kind person. Colby said yep. Prior asked if Tylee was more of a mother figure to JJ than Lori was. Colby said that Tylee was his big sister.  Prior said that Tylee was very protective of JJ and understood him better than almost anybody. Colby said that she loved him. Prior said that JJ had a lot of challenges as a seven-year-old autistic child. Colby confirmed. Prior said that Tylee was the kindest, most gentil and most caring of the siblings to JJ. Colby replied, “Sure.”

Colby confirmed that Lori had called him to let him know that Charles had died. He also confirmed that she hadn't told him that Alex had gunned Charles down and that she had lied to him and said that it was a heart attack. Colby said Lori lied to a lot of people.

Prior asked Colby if Melanie Gibb had lied to him too. Colby said that he didn't walk to Gibb. Prior asked Colby if Lori and Gibb were best of friends. Colby said, "You could say that." Colby testified he didn't know how Lori and Gibb became friends. He said that Gibb showed up to their Christmas party in 2018 as Lori's friend.

Colby testified that he was in the middle of his workday at Anytime Fitness when Lori called him and told him that Charles had died of a heart attack. He confirmed that there was no mention of self-defense.

Prior asked Colby if Tylee was there when Charles was shot and that she was implicated. Colby said yes. He confirmed that from what he understood Tylee was there for the whole altercation.

Prior asked Colby if he was aware that Lori had received a sizeable life insurance policy from Joseph Ryan. Colby said that he heard that later on.

Prior asked Colby if Charles was the primary financer for the expenses. Colby said yes. Colby confirmed that when there was financial issues Lori had put it all on Charles' shoulders.

Colby confirmed that he talked with Tylee at least once a month via text for the last couple of years. He said that when they lived in the same place, he'd see them more frequently. He confirmed that when he saw Tylee JJ was usually there.

Colby confirmed that he last saw Tylee and JJ was on August 30th in Mesa, Arizona and that Tylee was upset. Colby confirmed that he also talked to them on Facetime later that evening.

Colby confirmed that he talked to Lori in late November after the police had showed up. Prior said that Colby's mother lied to him again. Colby said yes. Prior asked if there was any indication that Melanie Gibb was there. Colby said no.

Prior asked Colby if Lori had a strong personality. Colby answered yes. Prior then said that Lori was the kind of a person that nobody could tell her what to do. Colby said not necessarily. Prior asked Colby if his mother was a person that would speak her mind. Colby said not necessarily.

Prior asked Colby if he got to observe the way that Lori interacted with her friends, such as Gibb. Colby said yes. Prior asked Colby if Lori was a wallflower. Colby said that Lori did not like confrontation.

Prior asked Colby if when he talked to Lori in late November, did she tell him that JJ had been with Gibb. Colby said no.

Prior was done with his questions.

Wood was up for the re-direct. He asked Colby if Lori could be influenced. Colby said yes. Wood then asked Colby if Lori was influenced by Chad. Colby said yes 100 percent.

Wood had no further questions.

Prior came back with a re-cross. He said Colby had never heard of Chad in August of 2019. Colby said that was correct. Prior asked if when Lori said she would be "married again soon", did Colby know she had talked about Chad. Colby said he did not.

Colby said that he had found out that Lori was married from a press release and that the kids were missing.

Prior had nothing further.

The next witness called to the stand was David Warwick. He is married to Melanie Gibb, lives in Pleasant Grove, Utah and is a general contractor. 

Fremont County Deputy Prosecutor Rocky Wixom did the questioning. Warwick testified that He says Chad reached out to him for the first time to do a book in 2015. Warwick said he told Chad that he needed to think about it. Warwick said he decided not to do a book with Chad. Warwick said that Chad continued to reach out to him 3 or 4 times over the year to for help with the book, but Warwick kept telling him no.

Wixom asked Warwick when it was, he had personal contact with Chad. Warwick said that he first met Chad in 2015 in Rigby, Idaho, at a meeting to talk about priesthood power and the darkness that was taking over the world. Warwick said that he attended the meeting because the host, John Miller, reached out to him and asked him to go. Warwick mentioned that he was unfamiliar with most of the attendees; he only recognized Chad, John Miller, Larry Hilton, Tom Harrison, Bob Walker, and Hector Sosa. Chad asked Warwick to leave the meeting and go to his home with him. He said told Warwick that Julie Rowe was going to be there. Warwick said he didn’t want to go, but eventually went with him “out of respect.” Warwick said they walked around Chad’s property with Julie Rowe, who talked about how to set up his yard for "preparations." Warwick said that it was his understand that Rowe had visions.

Wixom asked Warrick if ever got to meet Chad's wife. Warrick said yes. He said that he met Tammy in Chad's living room that night he was at the house with Rowe. Wixom asked Warrick if Tammy participated or walked around the property. Warrick said no.

Warwick testified that he saw Chad next in 2017 at a conference in Brigham City, Utah, where he was asked to speak. Warwick said Chad was and had always been “very kind, very meek.”

Warwick said he then saw Chad in August 2019 at Lori’s house in Arizona. Warwick was with Gibb and was invited to Lori’s house to meet friends. He said Chad, Lori, Melani P., Alex, Zulema, and a woman named Julie were there. He said that Chad and Lori were talking about the gathering of the 144,000 and that they were responsible to gather them, and it was their calling. He said that they all talked about the special gifts they were given, their multiple lives and experiences in those lives. Warwick said that Zulema had the power over the elements and the earth and “having to be in certain places at certain times to facilitate whatever god was doing.” Warwick said that Alex was told he was an angel referenced in the Book of Mormon. Warwick said that Alex felt good that he was a good guy.

Warwick said that he told Chad that if someone was going to call the 144,000, it would have to be done by a prophet of God. Warwick confirmed that he did not believe that Chad was a prophet. Warwick confirmed that he disagreed with what was said at the meeting, such as Satan having the power to push people out of their bodies and take possession of them, and the person’s spirit being stuck in limbo because their body was still alive. Warick said he told Chad that Satan would never have done that, and God put a boundary there so he couldn't. Warwick said that Chad and Lori seemed really close during the meeting. 

Warwick said he also saw Chad in September 2019 at Lori’s apartment in Rexburg to do a podcast with Lori and Gibb, and Chad came over. Warwick said he stayed at Lori’s for four days. He said that JJ was also present. He said that he tried to interact with JJ a few times when he was sitting on the couch playing his games. 

Warwick said that he has a son with autism and Down syndrome. 

Warwick said that again tried to talk with JJ, who was cutting windows and doors into a cardboard box to make a toy house, but JJ wouldn't speak to him.

Warwick said that Chad came three or four times, that he was kind of in and out and would only stay for a half an hour to an hour.

Warwick said while he was there, he talked to Chad about his relationship with Lori, that they had past lives together and they had a mission to do together, which was to gather the 144,000. They also had told him that they could see “terrestrial buildings” on Earth. Warwick said that they told him to go on a Sunday to a park near a church and that they would "show it to him".

Warwick said that they walked around the park, and Lori and Chad described a “terrestrial building” that was there made of stone with arches. Warwick said that he didn't see anything but a beautiful park. Warwick said Chad and Lori talked like they thought the building was actually there, but he didn't feel any truth in it.

Warwick said that that weekend he talked to Chad about his teachings. He said that he told Chad that he didn’t believe evil spirits had the same power Chad was saying they did and that he really didn't accept their beliefs.

Warwick testified that it bothered him that Chad was affectionate with Lori when he was still married to Tammy. He said he confronted Chad about it. Warwick said that Chad told him that Tammy was a good wife and mother, but Lori was going to be his next wife and they were going to go fulfill the mission together. Chad also had told him that he had a dream that Tammy was going to be passing by the time he was 50 or 51. Warwick said that that made him uncomfortable.

Warwick said that that weekend Chad had said that there was an 80-acre property for sale over by his home that he thought would be good for Warwick's associate to buy. Warwick told Chad that he didn't do business on Sunday, but he'd drive by and look at it, so he followed Alex over to the property.  Warwick said that Chad and a guy who he served with a church, a realtor named Ron, showed up. Warwick said that Chad wanted Ron to meet him. Ron wanted to draw up the papers and Warwick said he told Ron just to email them to him. After they talked Warwick went back to Lori's place.

Wixom asked Warwick if any time during that weekend Chad told him that he had a role in the 144,000. Warwick said yes, Chad told him that he was to assist in the gathering of the 144,000. Warwick said that was when he told Chad that would be a call that would come from a prophet and that his life is not in order to do something like that.

The court took a break. When they came back, Wixom asked Warwick about what happened after he returned to Lori's place after looking at the property. Warwick said he saw JJ upon their return. He mentioned that the final time he observed JJ was around 10 or 10:30 p.m. that night, he was asleep and being held by Alex as he took him upstairs to bed.

Warwick mentioned that Gibb, Lori, and he were present to record a podcast in Lori's kitchen, while Chad was absent.

Warwick stated that he went to bed around 11 or 11:30 p.m. that night. He confirmed that at no point did he see Tylee during the four days of his visit.

The following day, upon waking, Warwick said Lori was in the kitchen, and she was being “a little dramatic.” Warwick told her they were leaving, and he wanted to say goodbye to JJ, but Lori said he was “out of control and she had to have Alex come and get him.” Warwick said Lori was “talking fast” and acted nervous, saying JJ climbed on top of the cabinets in the fridge and climbed on top of the upper cabinets. Warwick said that Lori had told him that JJ had pushed a picture of Jesus off the wall. Warwick didn’t believe it because there were no scuffs or damage to the cabinets. Warwick said that Lori told him that JJ was “having a possession attack” and she couldn’t handle it. Warwick told Lori that he'd really like to see him, and she told Warwick no and that Alex had him and was taking care of him.

Wixom was done with the questioning.

Prior was up for the cross. He asked Warwick when it was that he got married to Gibb. Warwick said that they were married on December 10, 2020. He said that they had met at a conference at the University of Utah between 2012 and 2014 and then began dating in August of 2019.

Prior said that Warwick was uncomfortable when he saw Chad being affectionate with Lori during his marriage to Tammy. Warwick said that what Chad was preaching didn’t match up with how he was acting. Prior said that Warwick was dating Gibb when he was still married. Warwick said that the divorce was being finalized.

Prior asked Warwick what he knows about an organization called the Seven Gatherers. Warwick said he didn't know anything about it. 

Prior asked if it was fair to say that Warwick if he and Gibb went to various camps and conferences and spoke on religious beliefs. Warwick said yes. Warwick said he speaks about his conversion to Christ and his church and the gifts, dreams and visions that came afterwards.

Warwick said that the purpose of the fireside chats was to help inspire people to seek God, his truth in relationship with the Holy Ghost bearing witness of that truth.

Prior asked Warwick if he has had visions about being invaded by foreign powers. Warwick said yes.

Warwick said he spoke about the visions when it felt right in his heart.

Prior asked Warwick to talk more about his visions and how they were only a small part of what he lectured about. Warwick agreed his visions were consistent with his LDS faith. Prior asked if Chad had visions and if it would be consistent with his faith. Warwick said it would be.

Prior asked about vibrations in a religious context and what it means. Warwick said yes. Prior asked Warwick if he had participated in meetings or gatherings that dealt with the subject of vibrations. Warwick said no. Prior asked if Gibb had talked about vibrations at conferences. Warwick said no.

Warwick said that Gibb’s expertise is in belief and “overcoming non-belief.” He said that her talks were about health and foot reflexology and teach about the body. Warwick said that a lot of her teaching he has never seen before because most of it happened before they met.

Warwick said that he unofficially met Gibb years before they actually met and began dating.

Prior asked about preparedness camps that Warwick and Gibb attended. Warwick said the camps taught different ways to be self-reliant in ways like growing food and conserving energy. Warwick said that he would talk about his visions at the firesides. 

Prior asked about Warwick’s “predictions,” and Warwick corrected him and said that he was told about things that will happen, he didn’t create them.

Prior asked Warwick about “light and dark” and if they are synonymous with the words “good and evil.” Warwick agreed.

Prior asked about “portals” and if Gibb taught about them. He said he didn’t know, he never heard her teach.

Darkmatter: Chad Daybell Trial- Melanie Gibb Finished Her Testimony and Retired FBI Agent Doug Hart Took The Stand. (darkmatter69.blogspot.com)