Wednesday, May 1, 2024

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.

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