MOCK TRIAL 2020-2021 - STATE OF INDIANA V. CHRIS JOHNSON - Indiana Bar Foundation
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STATE OF INDIANA
V.
CHRIS JOHNSON
MOCK TRIAL
2020-2021
Copyright © 2020
Indiana Bar Foundation
615 N. Alabama St. Ste 426, Indianapolis, IN 46204
317-269-2415; www.inbf.org
The user of this copy is authorized to reproduce or make use of these materials only for non-
profit educational use. Use of these materials or reproduction for sale or competition outside the
classroom is prohibited without the written permission of licensing rights from the Indiana Bar
Foundation.
Acknowledgements
Thank you to the case writing committee whose devotion of many hours to create the 2020-2021
Indiana Mock Trial case is gratefully acknowledged:
Scott L. Barnhart, Esq., chair, Office of the Indiana Attorney General
Bryan L. Bradley, Esq., Kenneth J Allen Law Group
Lyle Hardman, Esq., Hunt Suedhoff Kalamaros
Benjamin Huffman, Esq., Sheppard Mullin
Tim Kalgreen, M.Ed., Indiana Bar Foundation
Yvette LaPlante, Esq., LaPlante Law Firm
Michael J. Lewinski, Esq., Lewis Wagner LLP
Judge Robert J. Pigman, Superior Court of Vanderburgh County
Swati Pradeep, Huelskamp & Associates
Oscar Rivas, Esq., Huelskamp & Associates
Julie Slaughter, Esq., City of Indianapolis
Daniel Strunk, Esq., U.S. Court of Appeals for the Sixth Circuit
Judge James Sweeney, U.S. District Court, Southern District of Indiana
Professor Jay Tidmarsh, University of Notre Dame Law School
Indiana Bar Foundation Staff
Charles Dunlap, J.D., President & CEO
Kim Berry, Director of Development
Kate Guerrero, Director of Indiana Legal Help
Tim Kalgreen, M.Ed., Director of Civic Education
Lily Lawson, Chief Administration Officer
Kayla O’Brien, Communications & Marketing Manager
Joseph O’Connor, Civic Education Task Force Manager
Marilyn Smith, J.D., Vice President & Director of Civil Justice Programs
Michael Tranovich, IOLTA Manager
Version 1.0 – Released 10/30/20
Version 2.0 – Released 12/18/20
Version 3.0 – Released 1/22/21
2
Table of Contents
Page
Copyright 2
Acknowledgements 2
Table of Contents 3
Civility Rule (Rule 1.3) 4
Case Background 5
Stipulations 6
List of Witnesses 7
List of Exhibits 7
Indictment 8
Indiana Code 10
Statement of Blair Rogers 12
Statement of Erin/Aaron Bello 18
Statement of Jess Maldonado 24
Statement of Chris Johnson 30
Statement of Riley Goldman 37
Statement of Pat Kindred 43
Exhibits 50
3
Civility
Rule 1.3 from the Indiana High School Mock Trial Rules of Competition
The Indiana Rules of Professional Conduct, which are adopted by the Indiana Supreme Court,
govern the conduct of all Indiana attorneys. The Preamble to the Rules reads, in part:
• A lawyer, as a member of the legal profession, is a representative of clients, an officer of the
legal system and a public citizen having special responsibility for the quality of justice.
Whether or not engaging in the practice of law, lawyers should conduct themselves honorably.
• A lawyer should use the law's procedures only for legitimate purposes and not to harass or
intimidate others. A lawyer should demonstrate respect for the legal system and for those who
serve it, including judges, other lawyers and public officials.
• In addition, a lawyer should further the public's understanding of and confidence in the rule of
law and the justice system because legal institutions in a constitutional democracy depend on
popular participation and support to maintain their authority.
Specific provisions of the Indiana Rules of Professional Conduct require an attorney to: avoid
offensive tactics and treat all persons involved in the legal process with courtesy and consideration
[Rule 1.3]; not use means that have no substantial purpose other than to embarrass, delay, or burden
a third person [Rule 4.4(a)]; and avoid conduct involving dishonesty, fraud, deceit, or
misrepresentation or conduct that is prejudicial to the administration of justice [Rule 8.4(c) and
(d)].
All participants in the Indiana Mock Trial Program should strive to follow these principles of
civility while representing the interests of their clients and can expect the scoring judges to be
favorably impressed as a result. The failure to maintain civility should be expected to have a
negative impact on the scoring judges.
It will usually be more effective for a witness to respond courteously to the attorneys’ questions,
not to interrupt the attorney, and to wait while an attorney interposes an objection to the question
just put to the witness. It is never a good idea, no matter how disorderly the character being
portrayed, for a witness to show disrespect to the court.
As for the attorneys, not only is civility expected, it can be surprisingly effective. Being civil does
not mean being a push-over. Stridency often distracts from the inherent forcefulness of the
argument being made. Cross-examination does not have to be badgering to be thorough and
effective to the point where the witness’s testimony is completely discredited; indeed, a badgering
tone may only engender sympathy for the witness.
It is expected that students, advisors, coaches, administrators, and parents will, at all times,
inside and outside the courtroom, online and in real life, model civil behavior towards and
respect for the court, the Indiana Bar Foundation volunteers, and members and supporters
of other teams.
4
State of Indiana v. Chris Johnson
CASE BACKGROUND:
Note: Case background is for informational purposes only. It is of no legal significance and is
used for convenience only. It is not admissible for impeachment or any other purpose.
Blair Rogers 1 and Chris Johnson live in Burning Creek, Indiana, and used to be friends. Even for
his/her 18th birthday, Chris gave Blair money to purchase lottery tickets as an entrée into adulthood.
Lo and behold, the ticket was a winner, netting Blair $400,000. With the money, Blair purchased
a brand-new Porsche Taycan, the first person in the state to even get one since they’re so new.
This car was Blair’s new pride and joy.
Chris and Blair’s friendship eventually waned over time, due to moving on to college and an
unfortunate accident where Blair hit Chris’s beloved dog with his/her car, killing the canine. Even
still, they tried to stay on good terms.
One evening, Blair was hosting an end-of-summer pool party before the friendship gang goes back
to college. Chris was invited and brought Riley Goldman, Chris’s significant other, to the party
as well. All seemed well and eventually Chris and Riley left to go to a Marvel Movie Marathon
at the local theater, airing all 22 films over two-day timespan. During that time, Erin/Aaron Bello,
a local college professor and neighbor of Blair’s saw smoke coming from the garage. As the fire
department was working the fire, Erin/Aaron claims to have seen Chris at the scene, sneaking
away.
After the town’s fire marshal, Jess Maldonado, investigated, it was determined that the fire was
intentionally set, destroying both Blair’s house and prized Porsche. The local district attorney
indicted Chris Johnson for arson.
1
Changed from previous version via Q&A #3
5
STIPULATIONS:
1. This case is a work of fiction. Any references to dates, people, items, etc. is purely for the
purpose of creating the mock trial case. No student should conduct outside research to determine
if any date, person, item, etc. is actual or matches any date, person, item in real life.
2. This case takes place in a world where COVID-19 does not exist. Any dates occurring where
the COVID-19 pandemic has taken place should not reference or worry about COVID-19
restrictions.
3. All exhibits included in the case materials are authentic and accurate. No objections to the
authenticity of exhibits will be honored.
4. All witness statements are written statements of fact voluntarily made by the affiant under an
oath or affirmation which is administered by a person who is authorized to do so, under penalty
of perjury. Each statement must be taken as true and authentic by the witness.
5. No objections to the sufficiency of the indictment will be entertained.
6. The defendant voluntarily waived his/her Fifth Amendment rights and will testify at trial.
6
WITNESSES:
The following witnesses are available to be called by the parties. Prosecution witnesses may not
testify or be called on behalf of the defendant. Defense witnesses may not testify or be called on
behalf of the prosecution. Each side must call all three of their witnesses.
For the State of Indiana (Prosecution):
• Blair Rogers (Victim)
• Erin/Aaron Bello (Neighbor, eyewitness)
• Jess Maldonado (Fire marshal; expert witness)
For Chris Johnson (Defense):
• Chris Johnson (Defendant)
• Riley Goldman (Chris Johnson’s significant other; alibi witness)
• Pat Kindred (Electrical engineering expert)
EXHIBITS:
Teams in competition may use the following exhibits:
1. Layout of Blair Rogers’s house (1196 Fall Creek Pkwy)
2. Picture of burnt Porsche Taycan
3. Picture of fire damaged garage
4. Jess Maldonado’s CV
5. Receipt from pizza order at pool party
6. Fire Origin and Cause Report
7. Marvel Movie Marathon ticket stubs
8. Electric Eel Yelp review
9. Electric Eel invoice/work order to Blair Rogers for electric equipment installation
10. Marvel Movie Marathon schedule, as sent from the mayor’s office 2
11. Pat Kindred’s CV
2
Changed from previous version via Q&A #9
7
STATE OF INDIANA )
) SS: IN THE MONROE CIRCUIT
COUNTY OF MONROE ) COURT
STATE OF INDIANA )
)
Prosecution, )
v. ) CAUSE NO.
) 53C01-2010-F4-FM-012930
CHRIS JOHNSON )
)
Defendant.
INDICTMENT
The District Attorney of Monroe County, Indiana hereby accuses the above-named
defendant of the following criminal offenses occurring in the County of Monroe, State of Indiana.
Count 1: Indiana Code 35-43-1-1 Sec. 1. (a)(1): ARSON, A LEVEL 4 FELONY
On or about August 24, 2019, in the County of Monroe, the crime of knowingly and
intentionally, by means of fire, explosive or destructive device, damage a dwelling of another
person without the other person’s consent in violation of Indiana Code 35-43-1-1 Section 1. (a)(1)
was committed by Chris Jonson, in that Chris Johnson did, knowingly and intentionally, use means
of fire, explosive or destructive device, damage a dwelling located at 1196 Fall Creek Road,
Burning Creek, Indiana, owned Blair Rogers, without consent of Blair Rogers.
8
Count 2: Indiana Code 35-43-1-1 Sec. 1. (a)(3): ARSON, A LEVEL 4 FELONY
On or about August 24, 2019, in the County of Monroe, the crime of knowingly and
intentionally, by means of fire, explosive or destructive device, damage property of another person
without the other person’s consent if the pecuniary loss is at least five thousand dollars in violation
of Indiana Code 35-43-1-1 Section 1. (a)(3) was committed by Chris Johnson, in that Chris
Johnson did, knowingly and intentionally, use means of fire, explosive or destructive device,
damage a 2018 Porsche Taycan owned by Blair Rogers, without consent of Blair Rogers.
On this 30th day of October 2020, in the County of Monroe, I hereby certify and declare
under penalty of perjury that the foregoing is true and correct.
A. Blaze____________
AREDO (“RED”) BLAZE
District Attorney
9Note: Indiana Code is provided to assist teams in devising their legal strategies. The prosecution
must accurately prepare its case to meet the legal requirements of the charge beyond a reasonable
doubt. The defense should prepare its case to counter the charge.
Indiana code is the law as written by the legislature. For the purposes of Indiana Mock Trial, the
trier of fact is a jury.
Indiana code is not an exhibit and cannot be cited or referred to in trial, other than noting how
each side of the case has or has not met their burden.
INDIANA CODE
IC 35-43-1-1 Arson
Sec. 1.
(a) A person who, by means of fire, explosive, or destructive device, knowingly or
intentionally damages:
(1) a dwelling of another person without the other person's consent; [or]
(3) property of another person without the other person's consent if the pecuniary loss is at
least five thousand dollars ($5,000); or
commits arson, a Level 4 felony. However, the offense is a Level 3 felony if it results in
bodily injury to any person other than a defendant and a Level 2 felony if it results in serious
bodily injury to any person other than a defendant.
(b) A person who commits arson for hire commits a Level 4 felony. However, the offense is:
(1) a Level 3 felony if it results in bodily injury to any other person; and
(2) a Level 2 felony if it results in serious bodily injury to any other person.
(d) A person who, by means of fire, explosive, or destructive device, knowingly or
intentionally damages property of another person without the other person's consent so
that the resulting pecuniary loss is at least two hundred fifty dollars ($250) but less than
five thousand dollars ($5,000) commits arson, a Level 6 felony.
(e) A person who commits an offense under subsection (a), (b), (c), or (d) commits a separate
offense for each person who suffers a bodily injury or serious bodily injury that is caused
by the violation of subsection (a), (b), (c), or (d).
Note: Sections 1(a)(2), 1(a)(4), 1(b), 1(c) are intentionally redacted
10IC 35-41-2-2 Culpability
Sec. 2.
(a) A person engages in conduct “intentionally” if, when he engages in the conduct, it is his
conscious objective to do so.
(b) A person engages in conduct “knowingly” if, when he engages in the conduct, he is aware
of a high probability that he is doing so.
(d) Unless the statute defining the offense provides otherwise, if a kind of culpability is required
for commission of an offense, it is required with respect to every material element of the
prohibited conduct.
Note: Section 2(c) is intentionally redacted
111 STATEMENT OF BLAIR ROGERS
2 My name is Blair Rogers. I am 20 years old and live in, well, used to live in, Burning
3 Creek, Indiana. Burning Creek is a town in Monroe County, not far from Bloomington. On August
4 24, 2019, Chris Johnson started a fire in my garage and destroyed the home I inherited from my
5 Grandpa destroying the house and my electric car.
6 Chris and I met when I moved to Burning Creek. We went to the same middle school and
7 high school. We were on the same swim team growing up and were very close. My mom is part
8 owner of a video game company and my dad is one of its chief designers. Right before middle
9 school started, my parents’ business started struggling and we moved to Burning Creek to be closer
10 to my grandparents. Times were hard for us then, and my grandparents watched us while my
11 parents worked constantly to save the business. I practically lived at my grandparents’ house. My
12 sophomore year, my grandmother died. Things didn’t seem like they would ever get better. Then,
13 in the summer before my senior year, my parents’ company released “Man at War,” a mashup
14 between a first-person adventure and a real time strategy game. It was a huge success and the
15 company became a unicorn overnight. They bought a house in Big Sur, California and moved to
16 be closer to the company headquarters. My brother went with them. I stayed with my Grandpa in
17 Burning Creek to finish high school.
18 On my 18th birthday, Chris and I decided to hang out. S/He drove me to the Farm Fresh, a
19 local convenience store that we rode our bikes to as kids. S/He gave me $5 and told me to celebrate
20 the fact that I was now old enough to buy lottery tickets. I liked the idea, so I added the $3 in my
21 pocket and bought four scratch-offs: Cash Spectacular, Bingo, Lotteria, and Golden Riches tickets.
22 I scratched off the Golden Riches and won $400,000. I was so excited! It was such a great birthday
23 present. I gave Chris $3,000 of my winnings as a “thank you.” I left it under his/her door. I
1224 thought it would be a fun surprise. I heard later that Chris thought I should have given it to him/her
25 in person and thought I should have given him/her more. I guess this should have been my first
26 clue about how greedy and ungrateful Chris can be. I’m sure some people might think I should
27 have used the remainder of my winnings on something practical, but I’ve always been a car lover
28 and, when Porsche came out with a new electric car, I just couldn’t pass it up. I used most of the
29 rest of the money, after taxes, to purchase a Porsche Taycan, an electric car with all the newest
30 features. I was the first in the state to get one and was super excited when I ordered it. Chris never
31 seemed to like the car. I got the feeling that s/he thought I should have shared more of my
32 winnings. S/He offered to buy the first tank of gas. Funny, since it’s an electric car. I couldn’t
33 really tell if Chris was joking or being serious.
34 Chris and I started to drift further apart when we went to college. I went to Oxwell, a
35 prestigious university in the Midwest. Chris’s family had all attended Oxwell, and s/he had
36 intended to go there as well, but I guess s/he didn’t end up getting in. S/he attended Camden
37 University, which is a great school and highly ranked, but not his/her first choice.
38 I’d see Chris during breaks when we were back from college. I sometimes visited Big Sur,
39 but Oxwell is close to Burning Creek and I remained very close with my Grandpa. His/Her family
40 still lives down the street from my Grandpa’s house. My Grandpa recently passed away and left
41 me the house. I’d drive my Porsche Taycan down the street to see my Grandpa, and I’d see Chris’s
42 dog darting in and out. It was a husky, the Oxwell mascot, named Husky. I told you – Chris isn’t
43 very creative. One day, Chris stopped me and told me to drive my car slower down the lane, so I
44 wouldn’t hurt Husky. I told Chris I would try, but Husky should be inside a fence. After that, we
45 made small talk, and things seemed fine.
1346 The next time I drove to see my Grandpa, I saw Chris’s dog again. It was running all over
47 the place. My Grandpa was pretty sick by that time, and I left the house in an emotional state. As
48 I was driving home, Husky was still out, and I saw Chris flagging me down in the rearview mirror.
49 I stopped, thinking we would just chat. S/he accused me of being loud and driving too fast, which
50 was ridiculous. The speed limit posted in that area is way too low and everyone drives a little faster
51 than what’s posted. But Chris couldn’t be swayed. S/he is such a rule-follower and wouldn’t back
52 down. I asked Chris if s/he was the hall monitor or neighborhood watchman who was going to
53 make a citizen’s arrest. S/he didn’t seem to think I was funny. Clearly, Chris lacks a sense of
54 humor. The conversation got really out of control, and the neighbors started watching us. Chris
55 said that s/he hoped my car went up in flames. A neighbor captured her/him yelling at me and
56 posted the video to TikTok. It was really embarrassing. Last I heard it had around 1.3 million
57 views. And I became the infamous “angry electric car” guy/gal 3. People still make memes of a
58 still of the video with my picture and the car behind me. I have an exasperated look on my face
59 and the internet captions it to fit other situations. I’ve had to delete all my social media apps and
60 have started therapy to try to cope with being internet famous – and not in a good way.
61 I went to see my Grandpa a few more times that summer, and the dog was always out,
62 along with the neighbor with the camera. For reasons I’ll never understand, the neighbor posted
63 more videos to Tik Tok, showing me driving down the street, and I became increasingly agitated.
64 It was always hard for me. I’d leave my Grandpa’s house, wondering if it’d be the last time I saw
65 him, and then get bombarded by the neighbor. That neighbor still drives me crazy.
66 My Grandpa passed peacefully while I was away at Oxwell. I came home for the funeral
67 and learned he’d left me his house at 1196 Fall Creek Road. My cousin, my Grandpa’s only other
3
Changed from previous version via Q&A #1
1468 grandchild besides my brother and me 4, was pretty upset because he felt overlooked. I don’t think
69 he understood how close I was to Grandpa. Also, I don’t know why he was so upset. We both got
70 some money from Grandpa’s estate, and it’s not like Grandpa owed us anything at all.
71 We mourned his passing as a family, and I returned to Oxwell. That summer, I returned to
72 my Grandpa’s house. One day, I was leaving and Chris’s dog jumped out in front of my car. It
73 happened so fast, I didn’t see it. I hit the dog. I was frantic. Though I was still horrified by my
74 internet fame, I know Chris loved the dog and I never would have wanted to hurt her that badly. I
75 was also furious at Chris for not keeping Husky behind a fence when s/he knew that Husky tended
76 to run into the street. If Chris had been a responsible dog owner, I wouldn’t have hit the dog. We
77 rushed the dog to a vet in Chris’ car, but Husky didn’t make it. Chris screamed at me for a bit –
78 mostly about the car and money and my driving. I don’t remember much of it because I was in
79 shock. Chris was silent after the vet and drove us both back to the neighborhood. The rest of the
80 summer was awkward between us. I apologized several times throughout the summer and tried to
81 drive slower.
82 I had an end of summer pool party a few days after that, on August 24, 2019. I invited the
83 people from high school that were still around. It started around 12:00 noon. I included Chris, but
84 didn’t think s/he would show up after all that had happened. I was surprised that Chris came
85 though, and brought a date, Riley. I knew Riley from high school and s/he had often hung out
86 with Chris and me. Chris and Riley had been friends for a while, but I didn’t know until then that
87 they were dating. Riley is nice enough, but is weirdly obsessed with movies and has a tough time
88 relating to other people. I’m not sure s/he has any friends other than Chris. I know Chris likes
89 movies too, but not like Riley. I was surprised that they were dating.
4
Changed from previous version via Q&A #5
1590 We all had a great time at the party. There were a lot of people coming and going, but
91 most people were gone by 7:45 pm. I don’t remember when Chris and Riley got there or when
92 they left. I know they weren’t there at 6:30 pm, because that’s when pizza was delivered. I know
93 it was 6:30 because I have the receipt. I know it looks like I didn’t leave a tip to the driver, but I
94 promise I did. I’m not that cheap. I just didn’t fill that part out on the customer copy since I was
95 keeping that. I know they weren’t there because I went around and gathered everyone into the
96 kitchen for food.
97 At about 8:45 pm, the couple of us still at the house caught an Uber and see one of the
98 Marvel movies. There was some kind of Marvel superhero movie marathon going on and you
99 could either buy one really expensive ticket to see all of the movies in a marathon, or you could
100 buy tickets to each one separately. We all got the schedule promoting it from the Mayor’s weekly
101 update to constituents and it sounded interesting 5. We arrived about halfway through Iron Man 2,
102 so we had to wait until 10:09 pm until the next movie started. I’m not sure which movie that was,
103 because by then I had gotten a call from the fire department saying that my house was on fire. I
104 ran home. I didn’t want to wait for an Uber. It’s only a mile from the theater to my house. I made
105 it in under 10 minutes. Anyone who was really trying would be able to make that distance in a
106 reasonable time.
107 At the party, I told Chris and Riley that I wasn’t sure what I would do after graduation. I
108 had spent some time fixing up my Grandpa’s house to sell that summer. I have a lot of student
109 loans, and don’t want to be paying them forever, so I thought selling the house could help me get
110 some cash. Yeah, I know. I won the lottery and I have student debt? I wanted that car. Plus, I
111 hadn’t actually gone to college yet. I was just 18 years old when I won. Plus, I enjoy doing the
5
Updated from previous version via Q&A #9
16112 work and teaching myself. I watched YouTube videos on certain repairs and then tried them. I’ve
113 been able to fix leaky faucets, hang cabinets, re-wire electrical outlets in the house and the garage,
114 and install a new refrigerator. It’s been very rewarding. I left the big stuff, like installing the
115 charger for my car, to the professionals though. I contracted with Electric Eel Installations, a great
116 local family business. I looked at the Yelp reviews were and found them helpful in deciding to
117 use Electric Eel. The customer service rep I worked with was great. He looked everything over
118 at my house and garage and gave me exactly what I needed. I kept a copy of that invoice so I
119 could use it for my taxes and get the deduction for green energy upgrades. I had thought I could
120 repay them through the sale of the house.
121 I never have owned a machine with a diesel engine, and I don’t keep diesel fuel around the
122 house. I do keep a little gasoline and motor oil for my Grandpa’s lawn mower. I had planned to
123 replace it with an electric mower, but it still worked and I thought it best to save the money. I
124 don’t think my grandparents had anything with a diesel engine either. I never saw one.
125 The car and the house were both insured, but the memories are priceless. The car was my
126 first big purchase. It was a memory of my eighteenth birthday and a purchase I never thought I
127 would have the ability to make. I took a road trip across the country with my first love in that car.
128 We drove from Burning Creek to Big Sur, singing and laughing. I went on spring break with my
129 best friends in that car – driving fast down the interstate ready to get to our beach house. I’ll never
130 replace those memories I had with the car. Chris took them all from me.
171 STATEMENT OF ERIN/AARON BELLO
2 My name is Erin/Aaron Bello. I live at 1194 Fall Creek Road. My house is next to the
3 house at 1196 Fall Creek Road, which burned on August 24, 2019. The fire started in the garage
4 and burnt the whole house to the ground. The smoke damage ruined part of my roof and killed
5 my prize-winning Hybrid Dainty Best rose bushes.
6 I have lived at my address for 30 years. I moved into my home in Burning Creek, Indiana
7 in the Fall of 1990, when I began teaching Botany at Indiana University. I am currently the head
8 of the Drury Horticultural Research Institute at IU.
9 I’ve known Blair since s/he was a baby. Her/His grandparents used to live in the house
10 next door and Blair’s family would come for holidays and school breaks. At some point, Blair’s
11 family actually moved to Burning Creek and Blair was at the house nearly all the time. The
12 grandparents were already living there when my spouse Joe/Jo and I moved in. They were lovely
13 people. Blair was so close to them. I gave them one of my Lola’s kittens when Blair was little, so
14 she’d/he’d have a companion when she/he was at their house. She/He named the kitten Marbles.
15 Blair had trouble making friends in the neighborhood. Probably because her/ his parents worked
16 a lot and basically dumped her/him on the grandparents. Blair lived in two different places with
17 two different rules. Blair’s grandparents gave her/him loving discipline, but the parents just let
18 her/him run wild. Blair was a quiet kid, but friendly when she/he got comfortable with you. Blair
19 and Chris, the defendant, ran around together as kids. Although, when I used to see them in the
20 backyard and around the neighborhood, it seemed like Chris bossed Blair around. Blair is a nice
21 young person. You know Marbles is still alive and Blair just loves that cat. Blair would take her
22 for rides in that silly sports car. You know the car that caught fire. Blair would open the sunroof,
23 strap her in and away they’d sail. You can tell the soul of a person by how they treat animals.
1824 Tom, Blair’s Dad, invented that video game “Man at War.” They struck it rich literally
25 overnight. Tom and Bonnie (Blair’s Mom) packed up the family and moved to Big Sur, California.
26 Big Sur is where Bonnie’s gaming company is headquartered. Blair was a junior in high school
27 when they moved and his/her grandmother had passed a not long before that, so he/she stayed with
28 his grandfather and to finish high school. What a dearie.
29 And what a lucky kid. S/he had a loving grandfather with a lovely home, his/her parents
30 hit it rich with that “Man at War” game, s/he got into Oxwell, and then the kid wins the lottery.
31 Blair bought that silly car, a Porsche of some kind after s/he won the lottery. Blair had a Jeep
32 something or other to drive back and forth from California to Indiana, but that wasn’t good enough.
33 Her/His granddad told me that the parents wanted Blair to have a safe sturdy vehicle, so they
34 bought the Jeep. Blair wanted a sports car because they bought the older brother one. But, the
35 brother is going to college right there in Big Sur, so they can keep an eye on his driving safety.
36 After all of this mess, it’s a good thing that Blair has that Jeep. It wasn’t in the garage when the
37 house caught fire. It was parked in the driveway that day. I remember because it blocked my view
38 of some lovely hydrangeas that Blair’s grandparents planted by the driveway. I check every day
39 when they are in season to see if they will bloom pink. I don’t know how they still do it since I
40 don’t think Blair adds lime to the soil like his/her grandfather used to.
41 Blair lived on campus, but spent a lot of time at her/his grandfather’s house. When his/her
42 grandfather passed, Blair’s folks kept the house as an investment property. Or, at least, that’s what
43 I thought. I didn’t know Blair owned the house – s/he never mentioned it. No wonder s/he was
44 always making improvements to the house. Even though it was an investment property s/he made
45 it nice. Blair was living at the house fulltime the summer after her/his grandfather passed.
1946 That sports car has caused nothing but misery. Blair’s times with Marbles are the only
47 good thing about that car. That car has caused a riff between Blair and Chris. I don’t know all the
48 details, but Joe/Jo says that social media was a buzz with Chris accusing Blair of endangering
49 Chris’ dog and almost killing the dog. I’m not big on the social media nonsense, but Joe/Jo follows
50 it. It’s ridiculous. Blair is an animal lover – just ask Marbles. Blair has even been my kitty-sitter
51 several times. I’ve got 5 of the little fur-babies. Melvin, Prudence, Agatha, Cyrus, and Jerry Garcia
52 Jr.. All alive and well when in Blair’s care.
53 The fighting going on between the two of them over the car and the dog came to a head
54 when Blair accidentally hit the poor thing. There were no physical fights that I could see, but there
55 was a lot of shouting and cursing. I was outside when the dog was hit, and Chris was just driving
56 up the road. I saw when s/he got out of the car and I heard Chris yelling at Blair that Blair was
57 spoiled and greedy. Chris asked Blair “Why are you so selfish, lottery money is free easy money.
58 A Porsche? I can’t afford tuition!” I don’t know what that was all about, but they kept screaming
59 at each other as they picked up the dog and assumedly headed to a vet or animal hospital.
60 Well, the night of the fire, Blair had a bunch of kids over. About 8:00 pm I was out looking
61 for my cat Melvin. He had jumped off the upstairs porch. He was chasing a butterfly and jumped
62 right off the porch. I was terrified he’d leapt to his death. I ran down the stairs and out the front
63 door. Melvin landed in my lilac bush and hopped right up into my arms. While I was out there, I
64 saw Chris walking along the walkway on the side of the garage. I went around the side of my house
65 to see where Chris was going. Chris passed the back door of the garage, paused and took a deep
66 breath like s/he was out of breath, then went toward a side door into the house. The side door of
67 the house leads to the laundry room off the garage. Chris opened the door and went in.
2068 I went back around and sat on my front porch for a while with Melvin. The music from
69 Blair’s got a bit loud and I started to smell marijuana wafting from the open windows, so I went
70 inside my house.
71 About 9:00 pm I went into my backyard to check on my experiments. I know it was that
72 time because every night at 8:45 pm the alarm on my iPad goes off to remind me to make notations
73 for my photinus pyralis (firefly) re-habitation program. I was busy washing the dinner dishes when
74 the alarm went off, so I knew I went out a few minutes later when I finished that task.
75 I was out in my backyard and I smelled smoke. Initially, I thought it was more marijuana
76 smoking. But, this smell was different. It was kind of a combination of rotten eggs and bleach
77 smell. Then I heard a crackle, a hiss and a pop. I have a 6ft privacy fence in my backyard so I
78 couldn’t see anything. So, I ran to the gate, got it opened and went to the front of Blair’s garage. I
79 could see smoke coming out from under the garage door. It’s an electric door so there was no way
80 I could open it. So, I headed to the walkway on the west side of the garage to get to the back door
81 of the garage. I wanted to see if anyone was inside. When I got to the back door of the garage it
82 was locked. I heard voices in the house, but not in the garage. Thank God, I had my cell phone in
83 my pocket. I take it with me to take photos of the progression of my firefly habitation. I called
84 911 and told the dispatcher the address. The dispatcher asked if I saw flames and I told her no just
85 smoke coming out from under the garage door on the front of the garage. She asked where I was
86 and I told her around back at the back door of the garage. I told her I was going to pound on the
87 living room door to alert whoever might be in the house. She told me to be careful and that the fire
88 department should be there in a few minutes.
89 When I got to the living room doors the room was dark. I didn’t see anyone in the living
90 room. But I was sure I heard voices just a few minutes before. There were a couple lights on in
2191 the house. I know one was a light in the hallway upstairs the other was in what used to be Blair’s
92 grandpa’s office room. I don’t know what it was being used for now. Well, I was panicked
93 someone was in the house maybe unconscious or just unable to smell the smoke. I ran back past
94 the back door of the garage, this time I did see flames through the windows of the garage. The
95 flames were kind of low and formed a “V.”
96 I rang the doorbell. Actually, I laid on the doorbell and started pounding on the door. I
97 heard it chiming, but I didn’t hear anyone. I couldn’t see inside because it is a solid door, no
98 windows.
99 Now, I was super panicked. I ran back to my house to get a key. Blair’s parents left a key
100 with Joe/Jo and me in case of emergency and for us to check on the house when Blair was at school
101 or visiting back in California. Don’t tell them, but I would occasionally use the key to get in and
102 store some things for my garden in the garage. I needed the space.
103 I ran through my front door and grabbed the key. I yelled up for Joe/Jo to come down
104 because there was a fire next door. I ran back to Blair’s house and just as I was unlocking the front
105 door a firefighter touched my shoulder. I told her it was a key to get in, she pushed the key into
106 the lock and told me to step across the street.
107 As I crossed the street, I saw someone, it was Chris, walking across the street behind the
108 fire truck. It was dark and there were a lot of folks coming out of their houses coming into the
109 street to see what was going on. It was Chris, I know his/her silhouette because I’ve seen him/her
110 for years in the neighborhood. S/he had on khaki shorts and a dark shirt, that’s exactly what I saw
111 Chris wearing earlier that night. I didn’t see where s/he went because one of the fire personnel
112 asked if I’d called 911 and what was in the garage. I said I wasn’t sure, but that Blair usually
22113 parked a car, one of those Porsche cars, in the garage. From across the street I saw the flames
114 engulf the garage and spread to the whole house.
115 A fire investigator, Maldonado, came to my house a few days later and asked some more
116 questions. I told him/her mostly what I’ve stated here.
117 I’m not sure how you do investigations, but the fire was on August 24th and s/he didn’t
118 show up to ask us neighbors about anything until August 27th. I told him/her 6 there were 7 some
119 people taking things from the ruins of the house. Joe/Jo and I saw them three times and called the
120 police. Unfortunately, by the time the police got there they were gone. We weren’t about to go
121 out and stop them, people can be crazy especially if they are criminals.
122 I feel so bad for Blair. The loss of the home and the car makes for a horrible tragedy. But
123 being such a pet person, I’m glad Blair still has Marbles the cat to cuddle with. It would be horrible
124 if Blair lost his/her Marbles too!
6
Changed from previous version via Q&A #1
7
Changed from previous version due to grammar error
231 STATEMENT OF JESS MALDONADO
2 My name is Jess Maldonado, A.D., IAAI-Certified Fire Investigator, NAFI-Certified Fire
3 and Explosion Investigator, NAFI-Certified Vehicle Fire Investigator, NAFI-Certified Fire
4 Investigation Instructor, and Indiana Fire Investigator. I am currently on the board of directors for
5 the Indiana Chapter of the IAAI. I have fourteen years’ experience as a firefighter, and eight years’
6 experience as an arson investigator with the Bloomington Fire Department. I have personally
7 investigated the cause and origin of more than one-hundred fires, and I have testified as an expert
8 witness in trials, hearings, and depositions. I’ve submitted my curriculum vitae to the Court for
9 examination. I prepared it myself and keep it regularly updated for purposes of being able to
10 provide it in connection with any process related to my work, including a legal proceeding like
11 this one.
12 As a fire investigator, you have to understand that there is rarely direct evidence of the
13 actual lighting of a fire by an arsonist. That is to say, few arsonists get caught in the act of lighting
14 the fire or being caught on video. So for me, that usually means that I have to use circumstantial
15 evidence to build my case. Arson is a crime that is often established by the absence of
16 circumstances, conditions, or surroundings that suggest or point to an accidental cause.
17 There was a fire at 1196 Fall Creek Drive, Burning Creek, Indiana on August 24, 2019.
18 Burning Creek is an unincorporated town and does not have a full-time professional fire
19 department. The Volunteer Fire Department for Burning Creek and units from the nearest
20 metropolitan area, the City of Bloomington, responded to a 911 report of a fire at that residence.
21 The responding firefighters found a “V” pattern scorch mark on a wall in the garage close to a car
22 that was parked there, as well as the presence of accelerants in the same area as the “V” pattern.
23 A “V” burn pattern is a burn pattern typically seen in fires started with accelerants and deliberately
2424 set. It consists of small scorch marks at the bottom of the “V” with diagonal wings moving upward
25 and outward from the base of the “V.” These marks create the arms of the “V.” Furthermore,
26 while the entire structure was a loss, the origin of the fire appeared to be in the garage. As a result
27 of these findings, the battalion chief for the Bloomington Fire Department asked the Arson Unit
28 of the Bloomington Fire Department to investigate the fire. I was assigned to investigate the cause
29 and origin of the fire.
30 On August 27, 2019, I went to 1196 Fall Creek Road and inspected the remains of the
31 home. The home consisted of a single residential home with attached garage. There were the
32 remains of a vehicle situated at the north bay of the garage, closest to the main house. I took some
33 photographs while inspecting the garage. It is my regular course of conduct in my investigation
34 to take photos of the scene of a fire. Although the vehicle was thoroughly destroyed, after
35 removing carbon scoring and soot from the vehicle identification number, the VIN number
36 belonged to a 2018 Porsche Taycan. Despite the fire, I could observe that the vehicle was attached
37 to a home electrical vehicle charge via a charge port located at the front of the vehicle. The charger
38 was equipped to a NEMA-14-50 plug. The charger itself, confirmed by the serial number on the
39 charger, was an EV-Box 3 phase 32-amp charger with a capacity of 22kwh. This charger exceeded
40 the vehicle charge rating for a Porsche Taycan pursuant to the Porsche’s owner’s manual which
41 was obtained online, as well as documentation from EV, also obtained online.
42 At the far southeast corner of the garage was the remains of a riding lawnmower. A serial
43 number from the riding lawnmower confirmed it was a John Deere E100 lawnmower. I observed
44 the melted remains of some plastic objects, including what appeared to be several green plastic
45 containers, between the car and the north wall of the garage adjoining the house. This melted
46 plastic appeared to be remains of household containers commonly used to store fuels such as
2547 gasoline. I took samples of the melted plastic, burned metal and organic matter debris from around
48 the passenger side of the car, and nearby burned residue and submitted them to the Indiana State
49 Police Lab for analysis utilizing appropriate chain of custody.
50 During my inspection of the garage, I observed a blackened and sooty scorched area on the
51 concrete floor where the plastic containers were located but also next to these containers. Behind
52 these scorch marks was a “V” pattern burn mark on the lower portion of the rear wall of the garage.
53 The lower portion of the north wall was made of concrete and was intact, because the garage sits
54 on a concrete pad while the balance of the house is slightly elevated over a partially underground
55 basement with concrete walls. There are steps up from the garage to the door leading to the main
56 part of the house.
57 I then inspected the home. The home was a two-story home with a basement. I submitted
58 a copy of a floor plan showing the first floor of the home and portions of the surrounding
59 properties. I prepared the floor plan in the course of my investigation on the basis of visual
60 inspection, careful onsite measurements carried out by me and my staff and after consultation with
61 an architect who we consult regularly in connection with fire investigations. It is common for me
62 and my team to prepare these drawings in connection with investigations. Inspection of the home
63 confirmed the fire started in the garage, spread to the garage roof, and then to the upper portion of
64 the wall between the garage and the residential portion of the home (which is typical wood frame
65 with drywall starting where the basement walls end). The fire then spread to the unfinished attic
66 space before spreading to the remainder of the home. Although the residential portion of the home
67 was also a complete loss with largely a shell remaining, I was able, after taking appropriate
68 precautions, to enter the partially-finished basement. The basement was largely untouched by the
69 fire and I was able to inspect the main electrical panel. The main electrical panel had a 50-amp
2670 circuit for the 240-volt charger located in the garage. The circuit for the 240-volt charger was in
71 the tripped or middle position. The National Electric Safety Code recommends home charging
72 stations should be kept separate from residential electric supplies; the electrician who installed the
73 service for the garage charger did not these follow NESC recommendations. I saw the copy of the
74 work order and invoice from Electric Eel Installations, who did the electrical work for this house.
75 It looks like what they said they put in, is what they put in. But it just wasn’t right for the job.
76 Even looking at their Yelp review, it looks to be a dubious company anyway. They might be good
77 with the basics, but they might not be good for newer, 21st century electrical materials.
78 I then returned to the garage to trace the electrical wiring in the home to determine what
79 caused the circuit for 240-volt garage charger to trip. Unfortunately, despite the condition of the
80 premises, scavengers were onsite sometime between the fire on August 24 and when I got there
81 for inspection on August 27 and had removed wiring. Because of this disturbance of the scene, it
82 was impossible to assess whether the fire caused the circuit to trip, or whether improper installation
83 of the charging circuit and/or use of an EV-Box 3 Phase 32 amp which was not appropriate for the
84 Porsche Taycan caused the circuit to trip. As I will explain in greater detail below, it is my opinion
85 that the fire was intentionally set and unrelated to the house’s or garage’s electrical system.
86 After I inspected the premises, I interviewed the firefighters from Station 21 who
87 responded to the fire. The firefighters indicated on arrival to 1196 Fall Creek Road, they observed
88 a thick, black, oily smoke coming from the garage. While the smoke was consistent with smoke
89 produced from burning polyurethane foam insulation, which is a type of insulation normally found
90 in residential construction, the smoke was also consistent with burning hydrocarbons from the
91 combustion of petroleum products. However, I did observe the charred and burned remains of
92 what appeared to be polyurethane foam insulation between the wood frame of the house.
2793 On February 28, 2020, I received laboratory analyses of the plastic and residue collected
94 from the garage at 1196 Fall Creek Road. The laboratory analysis confirmed the plastic remains
95 bore traces of gasoline and motor oil. However, there also was evidence of diesel fuel on the
96 melted plastic remains and other debris. The residue at the bottom of the “V” consisted of the
97 burned byproducts of petroleum combustion, as did the scorch marks observable on the garage
98 floor.
99 Diesel fuel is not easily combustible under ordinary pressures and temperature, even when
100 subject to an open flame, such as a lighter or match. While gasoline’s flash point (when it turns to
101 vapor) is -45 degrees Fahrenheit, diesel fuel’s flash point varies between 126-205 degrees
102 Fahrenheit, meaning that even an open flame will not ignite it until after a significant amount of
103 heat has been applied to warm it up. In my training and experience, diesel fuel is a popular choice
104 for amateur arsonists. Lay people seem to be aware that diesel fuel burns for a long time and is
105 difficult to extinguish, but are not as aware of how difficult it can be to ignite. Many times, when
106 arsonists are caught in the act, it’s because they spend such a long time on the scene, trying to light
107 the diesel fuel.
108 The “V” pattern I observed on the garage floor and concrete portion of the north wall
109 matches the “classic” fire pattern seen when fires are intentionally set using accelerants and is
110 strongly indicative that the fire at 1196 Fall Creek Road was deliberately set. The evidence, in
111 particular the presence of accelerants on debris from around the car, points to the Porsche as having
112 been the main target of the arsonist. The car was parked a small distance from the wall, meaning
113 that the fire was not started exactly at the base of the wall, but rather about two feet away from it.
114 Thus, while the burn marks on the concrete portion of the north wall of the garage do not form as
28115 distinct a “V” shape as an academic such as Pat Kindred might expect to see in a textbook, it’s
116 clear as can be to those of us who are in the field every day.
117 This conclusion is supported by the presence of diesel fuel. It is possible to explain the
118 presence of gasoline and motor oil because it would have been used to fuel and maintain the John
119 Deere E100. However, no diesel engines of any sort were found in the garage. Furthermore, based
120 on the location of the “V” relative to the remains of the plastic petroleum storage containers, the
121 only possible source for the fire was spontaneous combustion of the petroleum products, and those
122 products do not spontaneously combust.
123 Based on these findings, it is my opinion the fire that occurred on August 24, 2019, at 1196
124 Fall Creek Road was deliberately set by a person or persons unknown. I prepared a report that
125 describes the investigations that I undertook and states the same conclusion. This report has also
126 been submitted to the Court for examination. It is standard practice for me and other investigators
127 in the Bloomington Fire Department to prepare such reports.
291 STATEMENT OF CHRIS JOHNSON
2 My name is Chris ‘Sparky’ Johnson. I am 20 years old and a resident of Burning Creek,
3 Indiana. I’ve lived in Burning Creek my entire life and have lived in my neighborhood since I was
4 5. Several of our parents even got together during the weekends for a barbeque. Ours is a quiet
5 town with not too many troublemakers. Me and my friends at school do like to pull the occasional
6 prank but mostly on our principal and no one ever gets hurt. However, I did get suspended one
7 time for what the school thought was a prank gone too far. We may have earned the reputation of
8 being the Firecracker Club but again nothing too serious and no one ever getting hurt and never
9 anything getting too damaged.
10 I’ve been neighbors with Blair Rogers for quite some time. Blair moved into our
11 neighborhood when I was in middle school. Well, Blair didn’t technically live in our
12 neighborhood, but his/her grandparents did and it seemed like s/he was always at their house. I
13 never saw Blair’s parents much. They owned that company that makes “Man at War.” It’s an OK
14 game – not really my type, but other people love it. People always thought we were pretty close,
15 but I mostly hung out with Blair because s/he was the new kid in town, and nobody likes to be
16 without friends. Since we were basically neighbors, I got to show Blair around, introduce him/her
17 to my friends and help out with schoolwork every now and then. Blair was nice enough to be with,
18 but s/he did not want to hang out with anyone else apart from me.
19 After a few years, nearing graduation at the end of high school, Blair still didn’t really have
20 any friends. I felt sorry for him/her, so when his/her 18th birthday came up I decided to surprise
21 Blair with an evening of mini golf, for just the two of us. On our way back from mini golf, we
22 passed a convenience store and Blair saw the lottery tickets lined up against the window. I asked
23 her if s/he wanted to get one now that she was old enough and s/he said yes. Since it was his/her
3024 birthday, I decided to pay for the lottery tickets, as another birthday present to end the night. Since
25 it was late, s/he didn’t scratch them, right away and held on to it. A few weeks later, I got an
26 envelope in the mailbox from Blair, filled with cash. I had completely forgotten about the lottery
27 ticket but assumed s/he had won big, real big. Since I knew that his/her family had hit hard times
28 recently, which is why they had to move to Burning Creek, I thought if s/he had won big I hoped
29 his/her winnings would be able to set her up.
30 Later that week, Blair drove up to my house in a fancy new car. It looked like it was
31 probably a Tesla or Porsche, I was never great and telling the fancy cars apart. S/he excitedly
32 came and told me that s/he had spent her winnings to buy a brand-new car. At first, I felt confused,
33 a little disappointed that s/he had spent all her winnings on a car, but it was his/her money to do as
34 s/he wanted. I know s/he had had struggled with being bullied on the bus before, so I guess maybe
35 s/he thought that would be a good thing for him/her. However, I couldn’t help but think I should
36 say something to him/her as a friend, maybe his/her only one. I’ll also remind you of who paid
37 for the lottery ticket? I feel like I’m goof wearing the shirt that says, “I bought my friend a winning
38 lottery ticket and all I got was a lousy t-shirt.”
39 I asked Blair why s/he had spent all of the money on one car and told him/her that s/he
40 needed to be careful how she took care of his/her finances, especially when s/he suddenly came
41 into so much of it. All s/he said was that s/he always had a passion for automobiles and being an
42 environmentalist, s/he wanted to invest in the best electric car money could buy. S/he assured me
43 that s/he had also bought one of the best car insurance plans on the market so should anything
44 happen to it, it would pay off well. S/he said it was the best thing s/he could have done right before
45 we finished high school. I was a little disappointed since s/he could have used that money for
46 college. I know I would have.
3147 Soon it was time to apply to colleges. I come from a family of engineers who all went to
48 Oxwell, which is a great school if you’re into science and engineering and all of that, but law has
49 been my passion and Camden was the school for that. Of course, I had never really told anyone
50 all of that, especially my family, for fear of disappointing them. But I knew they would support
51 my passions, no matter where I choose to go. My goal, first and foremost, was to get in. I had
52 pretended to send in an application to Oxwell but had held on to it. I felt I had to make an effort to
53 conceal the fact that I was going to Camden because Blair was always “deciding” to do exactly
54 what I did, all the time. College needed to be his/her own, and I just wanted him/her to follow
55 his/her own dreams.
56 Blair was always great at computers and math in school, you could even say s/he was a bit
57 of a nerd in that regard, so I knew Oxwell would be a great fit for him/her. If I had told him/her
58 that I was even considering Camden, s/he would have definitely decided that was the best school
59 for him/her as well.
60 When admission time came around, we found out that I had gotten into Camden and Blair
61 got into Oxwell. I could not have been happier, but not wanting to disappoint Blair, I tried not to
62 be too elated that I got into my dream school.
63 During winter break of freshman year of college, when I was back from Camden, Riley
64 Goldman and I started dating. We had gone to the same schools and shared classes together, so
65 we had known each other for quite some time. Riley had even come over when Blair was over to
66 hang out. Sometimes I did feel Blair thought Riley was getting in the way of me and him/her
67 hanging out, s/he but never really said anything. I don’t think Blair knew that Riley and I had
68 started dating – Blair’s grandfather had become very ill after we graduated high school and Blair
69 spent most of his/her free time at his/her grandfather’s house. Since Blair’s parents and brother
3270 had moved away from Burning Creek, Blair’s grandfather was the only family s/he had left in the
71 Midwest. Then, during the spring semester, Blair’s grandfather passed away. I felt bad for Blair,
72 but thought maybe s/he would now be able to have time to focus on making friends, though after
73 the year was over Blair moved back to his grandparents house and seemed to spend all of his/her
74 time fixing it up.
75 Riley and me dating wasn’t the only new thing in my life. To celebrate getting into college
76 my parents bought me a husky, which I named Husky. I like that name actually, clean, classic, and
77 to the point. He was the most adorable puppy and I loved him dearly. He was really tiny as a
78 puppy and had had a habit of getting out of the yard now and then when I wasn’t at home. I tried
79 to put him in his cage, but he always found a way to sneak out of it every time. Blair had a tendency
80 to drive that Tesla, or Porsche, or whatever it was, around the neighborhood too fast. I’m sure that
81 s/he didn’t mean any harm, but more than once s/he almost hit Husky, even when Husky was just
82 by the curb. I’m sure that you, like everyone else not living under a rock, have seen the TikTok
83 video of Blair yelling at me about the dog. Blair could be dramatic sometime. That time, even
84 though s/he was driving way too fast for a neighborhood, s/he got angry and yelled at me about
85 Husky being in the street. That video sure didn’t help Blair make friends at Oxwell.
86 Then, one evening in the late spring of 2019 after freshman year was over and Blair and I
87 were both back in Burning Creek, I was coming back from the pet store and saw Blair standing
88 over Husky, who was laying down in the road. Blair said s/he was driving around the corner and
89 hit the curb a little and s/he said, “Husky must have been on the edge.” I admit that I was angry
90 and I yelled and cursed at Blair at that moment. Blair seemed in shock and did not seem to notice
91 me yelling. I quickly turned my attention to Husky. We put him in my car and rushed to the vet
92 as fast as I could. I felt terrible. Even though Blair was a bit of a speedy driver, I felt like I had
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