Roy Haught On The Stand

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Testimony for the defense
Defense attorney Tracey Westerhausen called her client, Roy George Haught, to the witness stand Friday morning to testify in his own defense.

He spent about two hours on the stand answering questions from Westerhausen and Gila County District Attorney Jerry DeRose.

The following are excerpts of his testimony from an initial draft of Gila County Superior Court transcripts.

Early in the questioning Haught told the court he followed two vehicles north on Highway 87 from the Sportsman Chalet in Strawberry and west on Fossil Creek Road.

"They were going real slow," he said.
He said the middle car turned off Fossil Creek Road and he later followed the lead car left onto Rimwood and right onto Antelope, where the lead car stopped.

Westerhausen: And then did -- then what happened?

Haught: And then the man in the front car got out.

Westerhausen: And what did you do?
Haught: I got out.
Westerhausen: Okay. And then what happened next?

Haught: The one guy come and was towards the back of his car and I come towards him and he shoved me.

  • * *
    Westerhausen: Roy, you got out of your car. Who approached whom?

Haught: He approached me.
Westerhausen: And why don't you tell the jury what happened?

  • * *
    Haught: He was coming. I was walking and he shoved me.
  • * *
    Westerhausen: And how much force was used in that?

Haught: I stepped back. I don't know, he shoved me hard.

  • * *
    Westerhausen: Then what happened?
    Haught: I pushed him back.
    Westerhausen: Yeah, use me. Then what happened?

Haught: He said something like 'you think I'm an asshole or something?' I go, 'I'm just giving you the benefit of the doubt,' and he shoved me again.

Westerhausen: You said, 'I'm just trying to give you the benefit of the doubt?'

Haught: I said, 'yeah, I don't want to fight.'

Westerhausen: I'm sorry?
Haught: 'I don't want to fight' and then he shoved me again.

Westerhausen: And how much force was used?

Haught: He shoved me hard. I stepped back and then I shoved him.

Westerhausen: And while you were saying to him, 'I'm just trying to give you the benefit of the doubt, and I don't want to fight,' where were your hands?

Haught: They were down.
* * *
Westerhausen: And then what happened?
Haught: He hit me.
* * *
Westerhausen: Okay.
Haught: And I hit him back.
Westerhausen: And then what happened?
Haught: He went down and I turned to walk back to the car.

Westerhausen: And did you get back in the car?

Haught: Yes ma'am.
Westerhausen: And what did you see as you were getting in the car or leaving the scene?

Haught: As I was walking back, the other guy was coming behind the car, you know, towards Jim and then I just looked at him. I got in the car and as I was backing up, because I was heading back on to Rimwood, the gentleman was -- that has been referred to as Dave, had Jim and they were up, getting up you know.

Prosecution cross-examination
The following are excerpts from Haught's testimony during cross-examination by prosecutor Jerry DeRose.

Haught testified that he was following two vehicles, a car in the lead and a Ford truck in the middle, north on Highway 87 and west on Fossil Creek Road.

DeRose (reading from a transcript of a sworn statement that Haught gave a year ago): -- you said, 'and pretty soon the Ford pickup pulled off.'

Haught: Yes.
DeRose: Is that what you said?
Haught: Yes.
DeRose: And then you got behind the car that the Ford was behind?

Haught: Yes.
DeRose: And you, um, said that the car was going slow and putting on its brakes?

Haught: Yes.
DeRose: And you wanted to know what's up with this guy, is that right?

Haught: That's what I said, yes.
DeRose: And they turned left on Rimwood?

Haught: Yes.
DeRose: And you turned left, too?
Haught: Yes.
DeRose: Behind them?
Haught: Yes.
DeRose: You were wondering what they were doing?

Haught: Yes.
DeRose: You were gonna go find out what was up with this guy, weren't you?

Haught: No. We was just messing around, driving around.

DeRose: Tell me this, you can't get to the Buttes by turning left on Rimwood, can you?

Haught: No.
DeRose: No. And that's where you were going, weren't you?

Haught: Yes. We was heading towards the Buttes.

  • * *
    DeRose: And you were just going to go driving around a subdivision with two six-packs of beer and these people in your car -- take a little detour from the Buttes?

Haught: Yeah, it didn't matter where we went.

DeRose: I thought it did, I thought you wanted to go up to the Buttes to see the elk.

Haught: We didn't have to go right then or any particular time.

DeRose: Did you have any idea when you were going to do it, how long you were going to stay out?

Haught: No.
DeRose: What time do you get up in the morning to go to work?

Haught: I usually get up about 5.
DeRose: Okay. You were irritated, weren't you, at this car going slow?

Haught: No.
DeRose: Isn't that why you said, 'I want to know what's up with this guy?'

Haught: I wasn't irritated.
DeRose: You wanted to know what's up with this guy?

Haught: I was curious, yes.
DeRose: That's all it was, just curious?

Haught: Yes.
* * *
DeRose: How far were you behind the vehicle when you stopped?

Haught: A car length.
DeRose: Okay. And then he came out yelling and screaming and running at you, didn't he?

Haught: Not running, but --
* * *
DeRose (reading from a transcript of a sworn statement that Haught gave a year ago): 'The next thing, he just slammed on his brakes in front of me and he jumped out and the other guy jumped out, come running back at me, and Clayton got out and the one guy was screaming at me, just hollering.' Isn't that what you said?

Haught: Yes.
* * *
DeRose: That's what you said?
Haught: Yes.
DeRose: Three times in this interview?
Haught: Yes.
DeRose: In this interview that you knew was so important, is that right?

Haught: Yes.
DeRose: You said that he came running back at you, yelling and screaming and hollering?

Haught: Yes.
DeRose: Yet, you ended up at the side of his vehicle?

Haught: At the back of his, yes.
DeRose: At the side -- not at the back but at the side of his vehicle?

Haught: Yes, he was back to the bumper.
DeRose: You thought it was necessary to get out of your car and walk up to his vehicle, to him in his vehicle?

Haught: Uh-huh.
* * *
DeRose: So you approached him, didn't you, Mr. Haught?

Haught: And he approached me.
DeRose: He stayed by his vehicle, didn't he?

Haught: He was at the back of it.
* * *
DeRose: He had every right to be there by his vehicle, didn't he?

Haught: Yes.
* * *
DeRose: You didn't know where his house was?

Haught: No.
DeRose: He might have been stopped there to go to the bathroom as far as you knew, maybe had a flat tire, maybe had a problem with his car; you didn't know what was wrong with him, did you?

Haught: I don't think he would have pushed me if that's what he was going to do.

  • * *
    DeRose: He pushed you and then do you -- what do you do? And then he says, 'what do you think, I'm an asshole?'

Haught: Yeah.
DeRose: And he pushed you away from him again?

Haught: Yes.
DeRose: And you come back at him?
Haught: I pushed him back.
DeRose: You got back in his space, close enough --

  • * *
    Haught: No, he came back.
    DeRose: And then he hit you?
    Haught: Yes.
    DeRose: Did you -- did you get at that point Mr. Haught, perhaps the idea that he didn't want you around him?

Haught: I didn't understand why he --

  • * *
    DeRose: Did you get that idea at all, did you think, you know, 'this guy didn't want me around him, he didn't want me around his car?'

Haught: This happened real quick.
* * *
DeRose: Or did you think, I'm still going to try to find out what's up with this guy. Is that what was in your mind?

Haught: I don't recall. It happened real quick.

  • * *
    DeRose: And then he hit you?
    Haught: Right here (indicating the lip area).
  • * *
    DeRose: Show me where you hit him. Hit me.

Haught: I'm not sure, I just swung.

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