Reporter Notes From Becky Bryan Trial

News 9's Lisa Monahan was inside the courtroom Wednesday as the murder trial for Becky Bryan entered its third day. These are her notes and not a word-for-word representation of what was said.

Day 3- Becky Bryan Murder Trial

May 8, 2013, today is Becky Bryan's birthday. National media is present - 48 hours & Dateline.

9:15 am -  Judge gives instructions to the jury.

Family, Friends, and current Nichols Hills Fire Chief Terry Hamilton present in the courtroom.

STATE ADDRESSES JURY - Canadian County First Assistant Paul Hesse reads the information attached to charge of murder in the first degree.

OPENING STATEMENTS BEGIN- 9:30 am

Hesse : Its difficult after 33 years of marriage to imagine a wife shooting her husband in the head  at point blank range but thats why we are here today. During that time, they had 2 children, now adult children. From all outward appearances it appeared they had a good marriage but Becky was not being faithful.

The defendant's husband, Keith Bryan still loved his wife, he cared for, her he adored her, but the feelings were no longer mutual.

At the end, she was seeking the love from other men, many men, including Mark Holbrook, a real estate broker, from Hugo. 

Holbrook ended their relationship in January 2010, 18 mos.  before the defendant shot and killed her husband.

Becky Bryan & Mike Holbrook met in 2009 at a training seminar for realtors and soon after they met the affair the began having an affair.

The affair ended after he decided he wanted to reconcile with his wife but the defendant was not ready to end it. The defendant desperately tried to get him back and try to get him back from his wife.

The defendant called and texted him, showed up in hugo unannounced, and even went to visit his parents.

The defendant went so far to say she was pregnant with Holbrook's child but that didn't work either.

In Jan 2010, she gave up and finally settled back in with Keith Bryan but her feelings for Holbrook would never go away. They would erupt 18 months later in Sept 2011, the same day Keith Bryan would die.

On September 20, 2011, Bryan was shot inside his home in Mustang around 10 p.m.

Becky Bryan had been in Tulsa that day without her husband Keith.

She was alone and during this time she took it upon herself to seek out other men.

It started with a realtor, Karl Oltterman. Becky sen Oltterman a text that morning.

She sent topless photographs to him, and  a photograph of her private parts

In one of those texts she said "ride this cowboy"

Oltterman sent texts in return, in at least one he included pictures of his private parts.

There was another man, Bill Whitescarver who was attending the real estate training course with his fiance.

On the second day of the training, around 10 a.m. Becky  sends a text to Whitescarver. She is at Doubletree Hotel in Tulsa and says,"  hey, why don't you take an early lunch and come see me."

Whitescarver says well I guess you are not coming to the training course today.

Becky Bryan continued to pursue him. He didn't respond and later said, "I am here with my fiance."

Becky replied, "you are probably making a good decision. You probably would have fell in love with me.

After that rejection,  Becky reached out to Wesley Hubert, a man she sold a house for in Mustang back in summer 2009. She also helped him find a home in Mcloud.

On her way back from Tulsa, the two make arrangements to meet at his home in Mcloud, Becky Bryan sops by around 4 p.m. and they have sex. She is there about an  hour and half and then she goes home.

Although she was finding and pursuing other men. Becky's desire with Holbrook never went away and it was that afternoon, almost a year and half after he broke up with her she contacted him. She contacted him around 7 p.m.

It started with a telephone call. She calls his cell and he answers because he does not know who it is. He immediately hangs up. So, she starts sending texts.

She sent 10 text messages to Mark Holbrook and they began at 7:23 that evening.

They said things like :

"Sorry I called you. meant to text. I still love you with all my heart and want to spend the rest of my life with you.  I think about you every day. How did you stop loving me."

"Tell me you hate me so I can stop loving you."

"Use your phone so Micah wont know"

"I'm sorry I hurt you. You hurt me so bad"

"I've had no sex drive since we were together.  I need you to be whole again."

"Please forgive me.  call me"

"Gayle just got married saturday"

"I went on a date with George Raymond. He dumped his girlfriends for me... lol

All i thought about was you. Did he tell you?"

"I need you Mark Allen"

Becky Bryan also left voicemail messages. Voicemails Holbrook did not listen to until the next day. When he listened. The voicemails said :

Soon I will be inheriting some money and I'm coming to Hugo, Oklahoma. She said this   early evening on the Tuesday Keith Bryan was shot and killed.

Later that evening a friend of Becky Bryan, Debbie Proctor comes over.  She came over following a blind date. She had gone to the Chili's Restaurant and wanted to report back to her friend how it had gone.

She parked her car in driveway and walked around to the back where Becky Bryan and Keith Bryan were sitting on the back porch drank tea and talked about the date, about the President,  until something unusual happened.

Just out of the blue , Becky reached over to Debbie Proctor and tapped her on the knee and said you need to go.

Proctor had never been asked to leave before . Normally,  if it got late she would stay the night on the couch but Proctor. She left from the back patio through house and out the garage

Two cars were in the driveway and a small pickup truck they also owned.

Proctor goes home approx. 2 miles from the Bryan residence. She walks the dog and makes a sandwich. Its been approx. 45 minutes and she gets a call from Becky.

Becky says Keith has been shot come back over

15 minutes earlier - she had called 911 and told police a 25 year old man wearing a hoodie came in and shot her husband in the head and turned to her and said, sorry he should have hired me.

Becky tells police she followed him out and saw what vehicle he was in,  saw the path he was taking, and says she saw him driving north.

When two officers pull up at her house. Becky meets them in the driveway with no rush to get them inside.  When they get inside, they find Keith Bryan with a gunshot wound to the head.

He had a bullet hole above his right ear an exit wound on the opposite side.

Keith is still alive and he is still breathing

He is rushed to OU Medical Center in OKC.

That's where he would die the next morning around 6 a.m.

You will hear from the EMTs that treated the victim. One will testify about the statements Becky made while he worked on her husband.

In one instance she claimed she was seated in a love seat or chair.

In another,  the paramedic heard that she came out of the bedroom

The 911 call happened at 10:07pm, well before 11 p.m. first responders took him to hospital but Becky stayed at the house til around midnight.

Family and friends were there and they say she was acting in a peculiar manner.

People will say she was on the phone most of the time and laughing. She was concerned about how she would sell her house now that her husband had been killed

Everyone she was speaking to she told he is dead, we are planning a funeral -this was hours before she learned he died

OSBI was requested to assist. 

Everyone at the house was asked to leave including Becky and her friends.

Becky and her sister, sister's boyfriend and two other friends Debbie Proctor and  Sharon Valdez were in the backseat of the car with Becky.

The group stopped at Debbie Proctor's house so they can get sweat pants and flip flops for Becky.

On the way to the hospital, Becky tells her friends she had sex with Wesley Hubert earlier that day. She pulls up pictures of his penis to show. She also said she contacted Mark Holbrook that day. Becky told everyone in the car she felt bad about what happened but not bad about what happened to her husband but only that she felt bad she had sex with Wes Hubert the same day her husband was shot.

When they get to the hospital, Nichols Hills Firefighters greet Becky. She talks with them for a few minutes before going into the hospital.

Becky described for many people the gun that was used. She said it was a small black handgun. 

She said it was similar to the gun that was stolen from her son just a few weeks before but what she tell them was she owned a gun just like the one stolen from her son.

Becky told Mustang Police and OSBI the intruder was cute, nice and she wasn't afraid of him. She said this even though he just shot her husband in cold blood. She said  she wasn't afraid of him.

She then told investigators the intruder left through the garage door and went to his truck.  

There is a direct path that leads right to the garage from the living room. The utility room is a good 4 or 5 feet from the garage door.  In that utility room is a washer & dryer. The  washer was the 1st appliance from the door and the dryer was the 2nd.

An investigators pulls a blanket from the dryer and a gun falls out.

The gun box would be found between the mattress and box spring of the bryan's bed also found in the blanket was a shell casing, in addition to that, they found a right handed latex glove. The glove was tested by OSBI. It had DNA in it. DNA from the defendant. Also a  mixture of DNA that had part of victims DNA.

Investigators found holes in that blanket that appeared someone had shot through that blanket and there was gun residue

They also found a projectile that went through Keith Bryan's head

Criminalist believe the same casing was fired from the gun found in the dryer

DEFENSE OPENING STATEMENTS - Approximately 10:15 am

Defense Attorney Gary James :

What you hear in these opening statements is not evidence.

Becky was a good homemaker, a good mom and provided a good home life and was very active in their church.

They both taught Sunday school classes and both attended church regularly. Now, 

There was a point in time where a marriage hits a rut and as we heard from some of the jurors... kids had grown up and the relationship was not a s strong as it once was

Becky began a relationship with Mark Holbrook in 2009 and moved forward.  In fact there was even interaction between both of their spouses. BB & KB stopped and had breakfast with Holbrook and his wife on the way for a job interview in Texas. A relationship developed and you will probably see that Holbrook pursued Becky and said how God brought them together and that God was telling them to be together

In January 2010, Becky filed for divorce it was not contentious. She moved into a condo in the 500 block of Jacobs. Both Keith and his father had gone to help becky move in it was an amicable separation

Then around April of 2010 - the friends start to see reconciliation.  Becky is at fire luncheon dinner and people realize they are back together

They continue doing well and were doing well on Sept. 20th

You will hear two different sides, Becky said Keith had re-courted her. Keith took the blame for a lot of the divorce filing telling people he didn't treat her right should have been more attentive, sent her flowers, and then the two got back together 

Keith told people if i had to go through all of it again I would cause its all worth it cause things are good now.  Becky said she wasn't madly in love but things were good between them.

You will hear Becky goes to a seminar you will hear about her text messages.

"It's those text messages and some of the action with those men that have brought us here today because there was a rush to judgement in this case."

Becky and Keith were sending flirty texts the day of the shooting like want me to stop and get you something to eat. I'm on my way home.

And she said "Are you getting hot and bothered thinking of me in your council meeting."

On the way home, Becky stops to help her friend debbie proctor figure out what to wear on date that night.

Proctor goes on that date and when she is done she stops by the Bryan home.

When Proctor got there she parks in driveway she doesn't remember if the garage door was up or down when she got to Bryan home. A neighbor says it was up.

She walks around back and Becky says come over and smoke. I think you will see that is something that happened often between these friends.

Keith made a fresh pot of ice tea for Becky and they are out back drinking tea

when Proctor shows up. She stays approximately 45 mins, around 930 timeframe. She will say nothing was out of the ordinary between the two of them

They talked about the president and politics and Becky was teasing him saying he looks like Charlie Sheen. They were teasing him how good looking he was and at one point Becky tells Proctor its time to get out of here.

Becky walks her through the house out through the garage to debbie's car parked in the driveway.

Debbie said there was a light on in the garage when she went through they have pleasantries and debbie proctor leaves.

The next thing is a 911 call,  made twice. First, by Becky Bryan's cell phone it cuts out and they lose connection. The 911 call comes in again from the land line.

Becky tells them there had been a shooter she describes them as wearing a hoodie type sweatshirt young man, medium build, white tennis shoes, and stays with that description the whole point of the case.

"First time I saw shooter is when he is up on us "she tells them he receives a gun shot wound to the right head

She consistently made statement that shooter says "he should have f'ing hired me"

Well when is the last time Nichols Hills Fire ever hired anybody? She knew it had been 3 or 4 years. Thats where the confusion came from that maybe it was meant for Keith Bryant the OKC Fire Chief. There had been a confusion over that because Becky knew there had not been a hiring in some time

Keith was a handy guy. Everyone knew that.  He had a big shop out back. Some neighbors will tell you Keith would build something or out there working in the yard. He was currently building a hot tub area. Keith was building a brick wall around the tub. It was a source of jokes around the family.  He would tear off a row if it was not straight and do it again.

There was even a cement mixture out and even water in the last row of bricks on September 20th.

Randy Dunbar, a neighbor will tell you two weeks prior to the murder. Dunbar was working in his yard and a man came up to him, approached him in his yard. He was  white male, medium build. He asked him do you need any help with any kind of work, specifically lawn work. Dunbar is a little fearful, uneasy about him and the man asked, well does any of your neighbor need work being done. Dunbar was not going to volunteer any neighbors because he was not sure about the guy.

What he remember the last of him is going south on owen.. it dead ends or you can turn left to the bryan's home or right to the other end of the street.

You can see Keith's brick work going on from Rose Hill Drive.  You are going to hear evidence Keith was out back working on the brick wall at that time.

Now you will hear statements about Becky's demeanor.  Some will say she was in shock.  Some will say she is laughing. Some will say she kept telling people he [keith] is dead - with the shot he took to the head that is not an unreasonable assumption.

Ultimately she went to hospital, but first Becky stayed at the house.  Mustang Police tested her for gun shot residue and at some point she is told to sit on the back porch.  At some point all of the cars become a part of the crime scene.

So she calls her  sister Gloria Strother [sp?] and her boyfriend,  along with Sharon Valdez [sp?] and Debbie Proctor leave to go to hospital.

While Becky and friends are at the hospital, the OSBI is at the house searching with  photographers,loggers,etc. 

The Bryan home has a lot of guns- specifically in the bedroom. Well,  a glock .40 caliber pistol box is also found by investigators. You wont see pics of that because OSBI didn't take pictures, they didn't think it was necessary. Well, that .40 caliber glock has not been found since then.

Ultimately, Kent Bryan  - Keith Bryan's son had some burglaries at is house.  So Keith gives a gun to his son and ultimately kent's house was broken into and the only thing stolen was the Ruger LCP .380 and $100 cash.

This [burglary] happened 6 months prior to the shooting. There was strife between the Bryans and the Mustang Police because they did not initially fingerprint Kent's house.

Eventually, Police come back out and take fingerprint.  Oddly 6 months later , the same day of Keith's murder, the prints are turned into the OSBI.

So, Cami McNeil [Mustang Detective]goes back to hear the 911 call and get reports of Kent's stolen gun.

At some point, an OSBI agent decides he will search, by himself, in the utility room.   The agent says he sees a blanket and as he pulls it out of the dryer a gun, glove, and shell casing falls on the floor.

Agents did not take one picture of the shell casing on the floor - a very critical piece of evidence.

Once they found out the dryer contained what agents believe to be critical evidence,  they did not fingerprint the dryer.

"This is some of why I think evidence will show this was a rush to judgement case."

"The state tells you they found Becky Bryan's DNA in a glove in her own house,  a work glove and thats she's the major component. Well, the the minor component matched Keith Bryan."

OSBI also gathered clothes that becky had on that evening and they checked her clothing for blood, blow back (you will hear blow back is matter that would come back on you during a shooting). They did not find any on Becky Bryan.

OSBI did not collect the hair from when it was shaved from Keith Bryan at the hospital which could have been critical evidence.

Also, a box of Blazer Brass (a box of bullets) was found in the bedroom. Investigators say 4 rounds were left in gun,  1 round left in the chamber, and 1 round struck Keith Bryan. That's 6 rounds right there.  They say the box had 45 bullets left in it,  so of the Blazer Brass - we have 51 bullets?

Also, you will hear that on September 22, following a breaking news report,   JW Jones , an ex-Clinton & ex-Mustang officer hears there is a possible small blue or black pickup that was involved in a shooting in Mustang a little after 10pm on September 20th.   Thats when he realize something he witnessed was very important.  

JW Jones told 2 OSBI agents - he left his sisters house, 2/3 of mile from Czech Hall, he texted his girlfriend before leaving. It was around 10:05pm when he heads for home.  He is heading East on SH152 when he gets close to Czech Hall he notices a vehicle coming up quick on him. The vehicle almost strikes a Silver Sedan.   All this caught his eye. He says this small blue or black ford ranger is crowding a car trying to get through the intersection. He says I kinda wanted to look over and see. So, he looks over and he is able to see the driver,  a white male medium build with a long sleeve sweatshirt pulling a hat or hoodie up over his head.

Jones reports this to the OSBI on September 22nd. Two businesses in the area have cameras but no one goes to check the surveillance.

What Jones told OSBI was not written in a report until April 4, 2013, just a couple weeks ago.

Break for Jurors - just before 11a.m.

STATE CALLS FIRST WITNESS - DEBBIE PROCTOR - BECKY BRYAN'S FRIEND

On July 2010, Becky sold me my condo

We just really clicked and got along and became friends and we went to lunch.

Did you ever go to her house yes how frequently  several times a week

Keith - her husband

Did you know Keith before you bought the house from the defendant ? no

Would you describe your relationship with Keith to be any more than with Becky? no

Did you socialize with him? yes

Did you socialize with keith outside of residence? no

Enters State Exhibit 1 - photograph of Keith Bryan

September 20, 2011 - was Proctor's last time at the residence

What time did you arrive ? probably around 8:45

You went on a date? yes, at Chili's

Did you have plans to go to Bryan residence? no

How did it come about? I called Becky after my date and she said just stop by.

Did you tell Keith Bryan about your date? yes, at the same time

I texted pictures to Becky, Keith and my daughter to get their opinion on what to wear for the date.

[while on date] I noticed I missed calls from Becky. So I called her back.  She said to stop by.

Did you drink on date? I had 1 margarita during the date

Did it affect you? no

When you got to Bryan home?

I walked around back to the back porch. We had general conversation. Keith had made tea, we talked about the date, had a conversation about Obama, and we talked about steaks.  I said I like burnt steaks.

Do you recall if the garage was opened or closed? I do not

Do you remember how you got to back patio? just walked around back

We were all talking out back. Becky took photographs of Keith. Then she tapped me on the knee and said "I better get"

Was that unusual? For becky, yes. I have slept on the couch several times when it got late.

Has she ever asked you to leave? No, Becky liked company.

When you left, how did you leave? I walked in back porch door, out the garage door ,through the garage to the car

Do you directly pass by washer & dryer when you leave? no

She then asked if I worked the next day, I said no.

When you got up to leave the house what did Keith do? He was on the back patio.

After I got home, I took my dog for walk, made a sandwich, I ate the sandwich, and then Becky called.

Best guess at what time you left the Bryan residence ? 9:15 or 9:30. It was 30 or 45 minutes before I got the call.

She said,"my husband has been shot can you come over"

What happened next? I got to their house. There were a lot of people there. The ambulance was leaving with Keith.

When I arrived back at the home, I went around back to the patio and there were several people.

State Exhibit 2,3,4 - photos of bryan residence (including front of house, back patio, and garage door)

She was talking to one of the police officers and she was on the phone at the same time. I remember her saying Keith was dead. I asked the officer if Keith was dead and the officer said no he was not dead when he left.

I said quit telling people that.

Was it a uniformed officer ? yes, male officer

While at residence did law enforcement attempt to collect evidence form the defendant: yes, they did a gun residue thing on her hand.

Who did it ? i think it was Cami ( Mustang Police Detective)

State Exhibit 5- picture of living room

State Exhibit 6- diagram of Bryan house

Proctor says both exhibits accurately depict the Bryan house as she remembers it that night.

When you left the house what vehicle did you take? Gloria's

Becky, Sharon, Gloria, Terry all left in the same car.

Debbie Proctor, Sharon and Becky all in the backseat. Becky was in the middle.

Proctor : We stopped by my house to get Becky a hoodie & flip flops.

We all went together because the other cars were in the area police had roped off.

While in the car, Becky showed us texts she sent Mark Holbrook earlier that day, about wanting to get back with him.

When asked by the state : "I knew she was in a relationship with him before I met her."

She was reading the texts,  she was going to inherit some money and she was going to move to Hugo and that she was still in love with him

I told her to shut up we didn't want to hear it.

She showed us a picture of a penis and said thats the only thing she felt bad about today was having sex with him

Did she act as though she was hopeful Keith was going to make it ? no

Did she show any emotion for her husband? When doctors called everyone into the room at hospital she was crying then.

When pronounced dead she finally showed emotion? correct

DEFENSE CROSS OF DEBBIE PROCTOR:

How did you and Becky become friends?

We enjoyed conversations together,we enjoyed the same things, going to lunch and stuff like that.

You had an overall positive feelings for this woman? yes.

How did Keith and Becky interact? good.

When would you spend time with Becky? We would have lunch or go shopping, or I would go over there for dinner or we would go to a movie.

Every encounter with Keith & Becky always good? yes

Becky appeared to be loving toward him? yes

Keith appeared to be loving toward her ? yes

Did you guys go on a trip together ? Yes, a couple's trip to Branson, Missouri

You said you did not find out hat Becky Bryan had previously filed for divorce until December 2010? Yes,  during a girls trip to Broken Bow.

Yes, thats when i knew Becky had filed for divorce, the girls were talking about it a lot.

But you knew they reconciled? yes.

They had a normal relationship. I never saw them argue.

They were respectful to each other and got along just fine.

BREAK FOR LUNCH

CROSS CONTINUES- Debbie Proctor

What are your last four digits of phone number at the time? 5183 -

The phone records show there were two calls to at 8:32pm and 8:42pm to you.

Did you ever call her and say hey I am here? not that I remember.

You pull in driveway what was the lighting? daylight

First thing you do when you get to the Bryan home? sit down get a glass of tea and start talking to becky.

Normal evening? yes.

Light hearted? yes

Keith is sitting opposite of you? correct

Becky was telling him how good looking he was? yes saying you look like Charlie Sheen.

She did think he was handsome? right

What was Becky wearing? A black tube top and capri pants

DEFENSE ENTERS PHOTO OF BECKY -wearing a black rhinestone tube top.

Was Becky wearing that when you left? yes

When you came back? yes

Nothing indicated that night that she was plotting to go in there and shoot her husband in the head? correct

And you didn't back up into neighbors yard and leave an acceleration mark? correct

What are your thoughts when Becky called and said he'd been shot? I was shocked

How long did it take you to get back to the Bryan home after hearing about the shooting ? about 6 minutes

Who was there when you got back to Bryan home? A lot of people I don't know,  police officers, fire department

Would you agree she was shocked and confused? I don't know how to describe it she was hectic making phone calls lots to do.

A year ago in testimony, you described her as shocked and confused? Yes.

Can you tell me today everything that was said on that back porch? No

You never saw her laughing or jovial while on the back porch [after the shooting]?I did not see her laugh, no.

Who made the decision to go to your house first? I don't remember how that came about.

Did she stay in the car when you got to the house? yes

Did you ever see blood on her? no

Brain matter or hair? no

Did you ever see that at the hospital? no

On the way to the hospital Becky started talking things that shocked you? Yes.

Becky would be one to say things to try to get a reaction right? correct

You don't know how you would react if you saw your husband or loved one shot in the head would you? No, I don't

Do you agree people do different things? yes

Did you ever see her laughing on the way to the hospital? no

She went into hospital soon after getting there? yes.

When they pronounced him brain dead what did she do? she started crying

she began hugging him? yes and said something to him

STATE REDIRECT - Debbie Proctor

When asked by state :

Proctor: She said the only thing I feel guilty for is having sex with Wes Hubert

Did the defendant ever say she loved her husband ? she said he was a good roommate and friend but said she was not in love with him.

The friday before the murder?  Becky went to dallas, she and her friend went to fox and hound to meet a couple of guys and then had sex with a guy.

A couple mos. after the relationship ended with Holbrook she takes a vacation to Broken Bow (near Hugo)? yes

You happen to see him? yes. we were driving by his work and she says there's mark, pull over.

This is after Keith & Becky had reconciled? yes

What happened next? we pulled over and Becky got out and talked to him.

How many people did she tell Keith was dead ? none, after i told her he was not dead and told her not to say that

Becky told me at some point if Keith does survive he will be brain dead.

Had she ever shown pictures of a man she had slept with before that night? no

Do you remember her making any other shocking comments on the way to the hospital, specifically the picture of Wes Hubert's penis? yes, she said she had f***ed this today.

Do you remember her saying can you believe I f***ed that today? yes

STATE CALL 2nd WITNESS - LT. JAMES DAVIS - Mustang Police

I first got a call of a prowler and then got a call on shots fired.

The shots call was more concerning to the dispatcher so I responded to that call.

STATE ENTERS EXHIBIT 8  - (2) 911 Calls made by Becky Bryan to police on Sept 20th

**this is not the entire 911 call - captured to the best of my typing skills**

(News 9 will formerly request the 911 calls - in its entirety now that it is evidence - and subject to public record)

Dispatch: 911?

Caller : Is this Mustang Police Department?

Dispatch: yes.

Caller : Ok,  I am at 1320 W. Rose Hill Drive and a young man... (phone call lost)

Headquarters to officer :

Dispatcher : there is a woman in distress at 1320 W Rose Hill Drive, I received a call from a woman saying something about a man in a hoodie and then it cut off.

Second 911 call made by Becky Bryan (not in entirety due to typing skills)

Caller: I just called 911 on my cell phone. Are you coming to my house?

Dispatcher: I need you to tell me whats going on. ok?

Caller : This 25 yr old man walked into our house through the garage and he walked in and shot my husband in the head and he turned to me and said

ma'am im so sorry but your husband should have f-ing hired me

Caller : Oh my god he is in a little bitty pickup... a lil pickup... I don;t what kind it is... like a dark color.

Dispatch: stay on phone with me

Caller : He was heading west down Rose Hill Drive,  he is heading down Owen

Dispatch: what is the color of the truck

Caller: I dont know, its dark, its 10pm

Caller: I've got to go.  My husband is laying here gasping for air. He is still moving

Is Cami coming?  the detective?

Dispatch : yes, police are coming

Caller: ok, thank you.  Is officer Davis coming?  Tell him to come quick. He knows my husband. He will catch that f***er

Caller : Oh my god, oh my god, oh my god, oh my god (crying) my husband is still moving

Dispatch: yes ma'am . Stay with me. Police are on the way.

Caller: Okay, Okay, Okay.... oh my God.

Dispat; ch : We are on our way. Stay with me, are you okay?

Caller ok, no, I'm in Mustang America. (somethin similar to  - this doesnt happen)

-Portion of call missed-

Caller: Come and bust his ass, find him. (crying) Oh my god my husband is still moving are you calling ambulances too ? Are you calling firefighters?

--The call ends when officers arrive.--

Lt. Davis now describes the area of Mustang near where the Bryan's live.

STATE EXHIBIT 9 - photo of state highway 152 bottom, South Owen's Drives, At the end of rose hill drive is 1320 Rose Hill  (Aerial photograph of Bryan Home)

I was told by dispatch there was a small dark pick up truck.

Did you look for that vehicle on the way? yes, i saw a small passenger car only

Do you recall passing any vehicles on your way onto owen? no

The defendant asked for you by name? did you know her? no sir

Do you have any idea why she requested you by name? no sir

Do you park in street or driveway? short distance into driveway.

Before I got out of car, I did a visual scan of the front yard -

When parking i saw Mrs. Bryan standing in the opening of the garage door.

She came out of the house toward us. It wasn't a run.  We were walking rapidly but cautiously.

When you arrived the garage door appeared to be open? yes

Becky approached and asked if I was Davis. I said, yes.  I was in uniform.

Thats the very first thing she asked? Yes.

Not that my husband is in the house shot bleeding? correct

She then asked if Cami McNeil and other officers would be coming to her house?yes.

She told me I had been involved in the investigation of the burglary in one of her son's home. I asked what happened and she told me a person had come into the house and shot her husband   She was wearing a black shirt, no shoes, and panties.

What did she tell you ? she was sitting in the living room ,watching tv, and a young man in a hoodie walked in, and shot husband in the head then turned to her and said "I'm sorry ma'am she should have given me the f***ing job.

Do you remember her expressing any concern for her husband? not that i can recall

Describe her demeanor for the jury? She seemed to be excited but didn't seem to be fearful.

I believe she described the hoodie as being brown in color. After he shot her husband she said he turned around and walked out of the house and she followed him out

When you got inside? he [keith] was in the living room of house on a sofa.

Did you ask for others to assist? yes, rescue and ambulance.

Was he still alive? yes, he was still breathing

Did becky try to comfort him at all ? no sir

Did you try to render aid to Bryan? no sir, the injury was beyond my training.

In second conversation, after you saw Keith...  where did she say she was sitting?

Again, she said he came in through garage door, shot Keith, and made the comment then left through garage door.

In a third conversation on the back patio, she said he had a baby face and was wearing at least one glove and a hoodie.

What did you ask next? I wanted to know if there had been any hiring at Nichols Hills Fire - she said she wasn't aware of any and he didn't have any other businesses

Tell the jury about the quantity of blood on Keith Bryan as he was laying on the couch. A good amount of blood running down on his face.

A large amount on him and none on her? yes sir

Did she express concern or ask his condition? no.

Did she say anything wanting to know how her husband was doing after he left the house? no sir

DEFENSE CROSS EXAMINES - LT. JAMES DAVIS, MUSTANG POLICE

You never saw a car that matched that description? Correct.

Where was the one car you saw? It was going east on 152.

In March, you gave testimony you said it was going west? I remember that. it was going east.

Where is the ultility room in relation to the garage door? Its immediately to the west.

Defense: You're smiling. I think I know why. It's because you have testified different previously? Yes.

Defense : I can see your confusion those doors are pretty close together

Defense : So, you would agree with me that if an intruder came in the house he may have been confused about those doors too? I suppose thats possible

Defense :You also said she didn't comfort him? You might agree you don't want lay people to get involved? I wouldnt want them to render aid that would compromise.

Defense :And you never told her she was free to leave the patio? no, i did not

On April 20 2011,-there was a burglary of their son - kent bryan and the officers had not fingerprinted the window?  I was that officer,  had to go get my kit and i came back and took prints.

Defense : The prints ultimately found who stole that pistol? yes sir

REDIRECT - LT JAMES DAVIS

State play a portion of 911 call again :

State clarifies timing of calls and time of arrival. By 10:08 address has not been given. Police say they arrived at 10:11pm 

RECROSS BY GARY JAMES-

Did anyone say be on the lookout for a small dark pickup? Not that I am aware of

STATE CALLS 3rd WITNESS -

Michael Ward, EMT who worked on Keith Bryan

As soon as we walked in door,  I noticed the patient was sitting on the couch. I recognized a couple of fire guys there.

Jim Mclung and I drove to the residence. Police met them at the door.   Mclung stayed back and called for Mediflight.

Ward describes the first aid given at the scene - and moving him to stretcher.

"I heard the female say she was sitting on the couch when the patient was shot"

Did you recognize her? No, I did not know Becky at the time.

How was her demeanor? She was very calm ,very collected.

Ward says she also heard Becky say she came out of the room and the shooter was standing there

<<BREAK - to put together story for live report on NEWS9-

At 4:35 pm court is on recess until Thursday, May 9. 2013.