Apple River stabbing trial: Suspect's wife testifies
Summary
TLDRIn this transcript, Sandra, a witness, recounts an incident involving her husband Nikolai during a tubing trip. She describes the events leading up to when she noticed Nikolai in trouble in the water and how she responded by sending help. The conversation also delves into Nikolai's character, his health after a bypass surgery, and his activities on the day of the incident. Sandra provides details about the group dynamics, the use of a pocket knife, and the clothing worn by Nikolai, including his camouflage attire and lack of a hat while searching for a lost phone.
Takeaways
- ð The witness, Sandra, is being questioned about an incident involving Nikolai, who she knows well.
- ð¥ Sandra and Nikolai were tubing with a group of people, including Ariel, Ernesto, and others.
- ðïž The incident occurred on July 30, 2022, during a tubing trip.
- ð Sandra noticed Nikolai in trouble when he was on his hands and knees in the water and someone was hitting him.
- ð Sandra sent Ariel and Ernesto to assist Nikolai after observing the situation.
- ðš There was a commotion and police arrived at the scene, where CPR was being administered to an individual.
- ð¡ Nikolai had a surgery in 2020 and it affected his physical abilities, but he still remained active.
- ðº Alcohol was present during the tubing trip, but Sandra did not perceive Nikolai or anyone in their group as intoxicated.
- ðª Nikolai was seen with a pocket knife, which was used to cut strings on the tubes and was a common tool he carried.
- ð¶ïž Nikolai was wearing sunglasses and a hat, and was seen without his shirt at one point during the day.
- ðž Sandra was not aware of Nikolai using snorkel and goggles before the incident, and it was unusual for him to bring them.
Q & A
Where did Sandra and Nikolai meet?
-Sandra and Nikolai met at work.
What was the date of the tubing incident involving Sandra and Nikolai?
-The tubing incident occurred on July 30, 2022.
What city and state does Sandra live in?
-Sandra lives in Lakeville, Minnesota.
Who were the people Sandra was tubing with?
-Sandra was tubing with a group of people that included Ariel, Ernesto, Amy, and Rosie among others.
Why did Nikolai have a knife with him during tubing?
-Nikolai had a knife to cut the strings on the tubes.
What happened to Ariel's phone during the tubing?
-Ariel's phone got knocked into the water at some point during the tubing.
What did Sandra notice about Nikolai that made her concerned for his safety?
-Sandra noticed Nikolai on his hands and knees in the water and someone was hitting him, which raised her concern for his safety.
How did Sandra know Ernesto and Rosie?
-Sandra knew Ernesto and Rosie because they worked together, and Rosie had been to their house when they would visit Ernesto.
What was the atmosphere like in Sandra's group while tubing down the river?
-The atmosphere in Sandra's group was relaxed, with people listening to music and socializing until the phone got lost.
What was Nikolai's reaction to the incident according to Sandra?
-Nikolai expressed frustration with Sandra and her group for not coming in response to his yells for help. However, Sandra stated she couldn't hear any yells for help over the water.
What did Sandra and her group do after noticing the commotion and seeing Nikolai in a compromised position?
-Sandra asked two people from her group, Ariel and Ernesto, to go over to where Nikolai was to assist him.
Outlines
Witness Testimony Introduction ð
The paragraph introduces the setting of a legal proceeding where a witness, Sandra, is being questioned. She confirms her identity and mentions her acquaintance with Nikolai Mew. The questioning revolves around their meeting, the location, and the events leading up to a specific date, July 30, 2022. Sandra also identifies people in a group and explains her relationships with them, providing context for the upcoming testimony.
Tubing Incident and Initial Actions ðŠ
This section details the events during a tubing trip where Sandra and Nikolai were present. It covers the initial moments of the incident, including Nikolai's actions, such as using a knife to cut strings and his interactions with a group of young men. Sandra describes the moments leading up to when items were lost in the water and the group's reactions, highlighting her lack of awareness about certain events due to her focus on relaxing during the trip.
Witness Account of the Confrontation ð
Sandra provides a detailed account of observing a physical altercation involving Nikolai. She describes seeing him on his hands and knees in the water and being struck. She explains her actions and observations during the incident, including alerting others in her group and her inability to fully monitor Nikolai's movements. The paragraph also covers her interactions with law enforcement and her attempts to recall specific details of the event.
Clarifications and Group Dynamics ð¥
In this section, Sandra clarifies her previous statements regarding the events of the day, particularly concerning Nikolai's return to the group and the actions taken by others in response to the incident. She discusses the group's dynamics, their proximity to the scene, and the decisions made during the unfolding situation. Sandra also addresses her own actions and reactions, emphasizing her concern for Nikolai's safety.
Relationship and Character Testimony ð
Sandra talks about her relationship with Nikolai, their shared history, and his character traits. She provides insights into his profession, their shared experiences, and his personality. The focus here is on establishing Nikolai's character as peaceful and on detailing the couple's life together, including their work history and recreational activities.
Character and Behavior Analysis ð§
The questioning shifts to examining Nikolai's character and behavior through Sandra's perspective. It covers his problem-solving skills, his use of tools, and his interactions with friends and family. Sandra also discusses Nikolai's health, including a significant surgery he underwent and its impact on his physical abilities and confidence.
Observations and Concerns on the Day of the Incident ð
Sandra recounts the specifics of the day leading up to the incident, including the attire worn by Nikolai, his actions, and the general atmosphere of the group. She addresses concerns about his alcohol consumption and his physical capabilities on that day, as well as any unusual behaviors she might have noticed.
Testimony on the Use of Pocket Knife and Outdoor Attire ðª
This section focuses on Nikolai's use of a pocket knife and his choice of outdoor attire for the day of the incident. Sandra confirms that it was typical for Nikolai to carry a knife and wear camouflage clothing for outdoor activities. She also discusses his preparedness for the day's events and his interactions with the group.
Witness Account of the Incident and Subsequent Actions ðš
Sandra provides a critical account of the moment she realized there was a serious issue during the incident. She describes her observations that led her to send help, her concern for Nikolai's safety, and her lack of awareness about the specifics of what was happening due to her distance from the scene and hearing limitations.
Concern for Safety and Decision-Making ð
In this part, Sandra explains her thought process and the reasons behind her decision to send help when she did. She emphasizes her desire to ensure Nikolai's safety and her concern that the situation might escalate beyond control. The summary also touches on her knowledge of Nikolai's past health issues and his recovery from surgery.
Mindmap
Keywords
ð¡Witness
ð¡Tubing
ð¡Incident
ð¡Law Enforcement
ð¡Testimony
ð¡Character
ð¡Physical Evidence
ð¡Injury
ð¡Recollection
ð¡Conflict
ð¡Safety
Highlights
Witness Sandra Anderson begins her testimony.
Sandra confirms her relationship with Nikolai Mew and their mutual acquaintance, Richie.
Details of the tubing event on July 30, 2022, are discussed, including the group's activities and interactions.
Sandra's familiarity with the individuals in the group photo is established, including her knowledge of Ariel and Ernesto.
Sandra's recollection of the events leading up to the incident, including Nikolai's actions and the group dynamics, are explored.
The presence of a knife during the tubing event is mentioned, with Sandra clarifying its intended use and Nikolai's handling of it.
Sandra describes the moment she noticed something amiss, leading to her concern for Nikolai's safety.
The actions taken by Sandra and the group upon realizing Nikolai was in trouble are detailed.
Sandra's account of the aftermath, including the police arrival and the medical response, is provided.
The discussion shifts to Nikolai's character, with Sandra describing him as a peaceful individual.
Sandra talks about Nikolai's health, including his bypass surgery and its impact on his physical abilities.
Sandra addresses questions about Nikolai's alcohol consumption on the day of the incident.
The testimony concludes with Sandra's reflections on Nikolai's behavior and actions throughout the day of the tubing event.
Transcripts
nothing but the
TRU please have a seat in the witness
chair Mr
Anderson can you please State your first
and last name Sandra
mu and Sandra do you work no um where
what city and state do you live in I
live in Lakeville
Minnesota
and obviously you know Nikolai Mew
yes where did you guys where did you two
meet at work and is that Richie
engineering
yes were
you tubing with Nikolai on July 30 2022
yes were you with a group of people I'm
sorry what were you with a group of
people
yes commission to approach
yes I'm handing it's been marked as
exhibit 12 you can take
it are those the people you were tubing
with yes okay
um move to admit and publish any
objection to 12 no
objection and Sandra can you see that do
you go by Sandy or Sandra Sandy
okay far left person who's that it's
Ariel and how do you know
Ariel he's
nesto's nephew and anesto used to work
with us okay how many times were you and
Nick or just Nick close friends with
Ariel just met
him um we sort of were close friends
with them we'd go over to Amy and
nesto's house and he would be there okay
and how about the woman next Ariel I
don't know him know her very well that's
Ariel's girlfriend friend okay and
then
um guy third from right I don't know him
that was the first time he had been
there okay and then that's Nikolai next
to Fourth from right yes okay where are
you in this photo I'm in the inner tube
in the middle okay and
then where's Ernesto anesto is in
between Amy and Rosie okay maybe I'll go
back
everyone can see can you still see it
yeah show down okay and who is Rosie
Rosie is an nesto's
sister
and how do you know Ernesto and
Rosie I know anesto cuz we worked with
him Rosie's been over at his house when
we would go over there okay how long
have you known or
nesto
um I I don't even know 10 some years
probably maybe a little bit
more 10 to 15 yeah I'd go 10 to 15 okay
do you guys you and Nick would you
socialize with them a
lot yes we'd go to their house would
they come to your house yes okay so
decent close to close friends yes how
about Amanda or Amy that's in nesto's
wife okay you knew her pretty well too
yes and T did you know her I only knew
her a little bit I met her a couple of
times when we'd go over to Amy and
nesto's house okay and and same with
pachy I only met him when we go over
there and I only met him maybe three
times okay and you that's what you know
him as pachy mhm yes yes okay
sorry
when you were
tuing in the
beginning did Nikolai have a knife on
him I don't know if he did when we were
tubing in the beginning at the start
he only did to cut the strings on the
tubes he went back to the Jeep and I
thought he put it away
okay um and as you guys were
tubing so you didn't see him put it
there you just thought he put it in the
Jeep when he went back to the Jeep
yes and is that what he brought it for
to cut the string yes so you could tie
up at the beginning yes actually a nesto
called Nick and asked him to bring it
okay so we could he could cut the string
did you did your group stop on the way
did you stop anywhere on the way while
tubing why we were tubing no did you
stop before we got there yeah did you
stop somewhere to eat or hang out on a
beach or anything like that
no you remember telling law enforcement
you stopped and you're eating for like
30 minutes or so and using the bathroom
that was why we were
tubing what do you mean can you explain
that we were tubing down the river and
there was a spot that is covered where
they must have played a band or
something there once in a while it was
on the river while we were tubing we
stopped to eat gotcha you thought I was
asking about before tubing yes okay
sorry
and did
Nikolai have uh snorkel goggles with him
yes and was he
snorkeling by a group of young guys at
one
point I don't
know he just took the snorkle and went
out there did you see him by a group of
young guys at some point I did later
okay when the incident
started and was there actually a couple
times that Nicolai went over to that
group that I don't know for
sure did you tell law enforcement that
he went over there
twice I know he
I I think he went to that group he came
back and then I didn't know he went back
to that group until later I saw him over
there okay so he he had gone to the
group of the young guys came
back and then at some point he went back
there but you didn't see him go back
there again no I didn't keep track of
him okay
how how
long um was he back that you remember
before you noticed he was gone again I
know maybe 5 minutes I don't know for
sure do you remember saying maybe 10
minutes I I may
have and then when he went judge can we
approach
yes
e
e and at some point did Ariel's phone
get knocked in the
water I don't know how it went in the
water but
yes
and do you remember in relation to the
two times Nikolai went over to those the
group of young guys was it before the
first time after the first time do you
remember
was what before or after when the phone
got lost oh it was before
okay and was Nikolai looking for the
phone
yes what what were you guys doing the
rest of the group while Nikolai was
looking for the phone I don't know what
they were doing I was busy sitting in
the inner tube cuz I had a hard time
getting out of it and I was just looking
at the sky and the trees and just
relaxing and enjoying my day
you guys I mean your group was kind of
by a sandbar is that right mhm
okay and when Nikolai was back at the
group of young guys the second
time did something catch your
attention I happen to every once in a
while I'd sit up in my tube just to see
where Nick was at and the one time I did
that it looked like there was people
around him and all of a sudden I saw him
on his hands and knees in the water and
somebody was hitting him didn't you
originally say that the first thing you
noticed was all the young guys jumping
out of their
tubes I may have and it's that that
point that you alerted your group and
sent some people over there or asked
some people to go over there yeah I had
asked two of them who are those two
people Ariel and arnesto okay and again
Ariel in the group photos on the far
left yes he's with the red white and
blue and Ernesto is the guy the only one
without a shirt off in that photo yeah
he's on the other
side it's like second from where I'm at
on that side
okay
and so you
saw and just to clarify this is the
second time nikolai's at the group that
you see them jump
up yes
okay
and do arnesto after you see the boys
jump up and you alert the
group do Ernesto and Ariel start walking
over there
yes Ariel went first and then anesta
went and then I think you said the next
thing you remember was he or saw was he
was on his hands and knees in the water
and somebody hit him
yep and then did you see anything after
that I did
not and
and how at some point after what what do
you remember happening after
that they just brought him
back and and I saw the police come and
people were screaming
and um kid was by a tree I
guess and later because we stayed there
for about 20
minutes and I'm gonna get to that in a
second but I just want to back up a
little bit
so you said they brought him back
did Nikolai come back before or after or
with Ernesto and Ariel if you
remember with them I think did you
actually see Nikolai walking back from
the group or did you just was he just
there like next thing you noticed I saw
him
coming I didn't see him leave that group
I saw him no walking back and were you
watching him the whole time he was
walking
back not at the beginning when he left
the group I didn't see
that and did you watch
him
so I just want to make sure I'm
understanding
[Applause]
that the last sheet of paper yes um one
of the bails I think there's another
pack just outside the store leaning it
up against the
wall
let's take that one down we need to mark
it in any
event so if
this is the river
mhm let's say this is The Sandbar okay
you with me mhm okay were you you guys
are somewhere around here yeah right
next to it okay in the water or yes okay
like right here yep okay and
then
the do you remember where
the young boys were or young kids or
adults yeah they were on that
side the other side of the river yes
they weren't on the same side we were on
and they were they Downstream ways yes
okay so right I mean there's no scale so
yeah I'll just draw them generally here
so at some point Nikolai walked back mhm
and you said you didn't see him when he
left at first do you know like at if if
you know I don't want you to guess at
like if when he was halfway did you
start to watch him come back when he was
almost back to your
group
um probably a little less or a little
more than halfway okay so maybe like
around here no the other way lower oh
this down here probably saw him about in
there and did he walk straight back to
your group from there yes and you
watched him walk back yes okay do you
remember
you met
with essentially the people sitting at
this table prior to testifying is that
right
yes and do you remember saying in that
meeting that you weren't watching him
when he walked back the whole time yes
okay so you know which one it is yes I
probably didn't watch him the whole time
okay
and
after Nikolai was back by you your
group what did you see what did you
hear not not amongst your group but down
river um there was a lot of commotion
down there
um I saw um the police arrive I
saw someone I didn't really see the
person laying by the tree but I saw
somebody give him that person
CPR let me ask a question about that so
the person who is getting
CPR was that on the other side of the
river from you yes it was by where the
other people's troops were so
[Music]
somewhere down
here
yeah
and did you see that CPR going on you
said you're were there about 20 minutes
yeah I think it was about 20 minutes I
don't know for sure but it seemed like
20 minutes and was somebody getting CPR
on the shore that whole time um pretty
much
okay about 20
minutes did you
see and the commotion um can you
describe the
commotion um
people were more
frantic it
seemed um they were just going to people
that needed
help and what do you mean needed help do
you see people who are injured no just I
like I said I didn't see the one by the
tree either I'm just assuming but
no so what did
you what did you see to know they were
doing
CPR I saw some somebody pushing up and
down on the person's chest
okay did you see blood I did
not and so you said you saw a law
enforcement arrive mhm yes
and you remember seeing a couple
officers in the water
yes is that is that what you remember as
far as law enforcement that you saw
before you guys
left yes there may have been an
ambulance but I'm not
sure do you do you remember telling us
in the meeting that you saw a police SUV
couple officers in the water and no
ambulance yes I do remember that
okay
so
did anyone from your group once Ariel
Ernesto and Nikolai are back with you
did anyone walk over
to where the commotion was going on I
heard somebody did I didn't see
them
prior to
the incident I'll call
it was the what was the atmosphere like
among your group were you guys drinking
listening to music we were listening to
music until the phone got lost cuz that
was the one that was playing the music
on okay um some of them were
drinking okay was Nikolai drinking he
had about two
beers about just an estimate yeah you
were the designated sober driver home
right yeah I was just drinking
water and that was pre-planned that you
would be the one to drive home no it was
not pre-planned
[Applause]
and then after the incident what was
the mood like when you're tubing down
the river
quiet
and I'm not I'm not asking what was said
but while you're tbing down the
river was Nikolai
talking he was I think he was talking to
Amy but I'm not positive okay I didn't
look to
see so when
you fair to say when you guys tube down
the person was still getting
CPR I don't
remember there's the scene was the scene
still
chaotic I don't think it was back then
no no but it was before ambulances
arrived
right I don't know for sure well you
said there you saw a police SUV two
officers in the water no ambulances
right I didn't I don't know for sure I
didn't pay attention but I told you
before there was no ambulance so I guess
not
okay you'd agree that when you told us
that we just asked you to tell us what
you remember right yes you
weren't and crying or no but you know
I've been trying to block this out so
okay since even since I talked to you I
don't remember I'm not going to sit here
read the transcripts you gave me I don't
remember okay
um I imagine and
I I want to be respectful I imagine this
is extremely difficult yes for
you
so when your
group
left you had to tube
by the spot where the incident happened
right mhm yes yes
okay
since this
incident you've had conversations with
Nikolai
about briefly about some parts of the
incident
agreed
yes and Nick I has expressed to you
frustration with you and your
group because you didn't hear him
yelling for help right
right and
he cast some blame on you and your group
for not coming in response to his yells
for help
yes
and you responded you couldn't hear any
yells for help no couldn't hear it not
over the
water Nick's knife um you described it
as you believed it was a silver blade
black handle folding knife do you
remember that
I don't remember it could have
been and you described that I had a clip
and a a clip on the knife right yes and
he'd clip it into his blower pocket on
his shorts yes and nikolai's
right-handed right he's
right-handed
[Applause]
do you
remember telling law enforcement
that you heard
screaming I don't remember I may have I
just don't
remember you um what ref refresh your
memory to see a
transcript
yes okay do that refresh your memory no
but it says it so I must have said it
okay
when
the when you saw a CPR being done on the
shore was the was the rest of your
group W looking in the same direction
watching what was going on I'm assuming
so no Foundation
sustain you're there for 20 minutes
I guess sorry just wait till sorry
address the objections that's fine I'm
sorry I didn't hear the objection I
objected asked an answer I I hadn't
finished ask a question we'll start
over so you were there for you estimate
about 20 minutes with the other people
from your group as you were there did
you make
observations about the people in your
group no no you didn't see anything that
anyone was doing or looking at
no where were you
okay and what about Nikolai did you see
where he was
looking
no did you see what he was
doing
no
so
Nikolai walks down to the I'm talking
about the second time now the group of
young
guys you see him get
hit when he's down on his hands and
knees he eventually comes back and
you're not paying any attention to what
Nikolai is doing leading
suain mayor we approach
yes
e
so during that 20 minutes we you
watching after everything you've
testified about during the 20 minutes
you're
there were you w were you paying any
attention to
Nikolai I don't
recall I must have at some point I just
don't
recall
the did Nikolai have any injuries that
you saw I didn't notice any but I didn't
pay attention
either
and the people that Nikolai was down by
Downstream were they bigger smaller same
size as
Nikolai um I noticed some of them were
skinnier some of them were
bigger they were were all
younger do you remember telling law
enforcement that they're all smaller
than Nikolai Nikolai is a big guy no I
don't remember saying that but if I
did you remember saying didn't look like
Nikolai got hit that
hard I don't
remember
[Applause]
[Applause]
for
when Nikolai came back after you saw him
get hit did
you go to him render any Aid anything
like that did I what go to him and
render any Aid or anything like that I
just made sure it didn't have any I
didn't see any blood or anything so I'm
assuming he was not too badly hurt
[Applause]
okay
nothing else judge Mr
Nelson miss m can you tell us when you
and Nick got
married when
yeah yeah it was June 4th
2011
why' you marry him because I loved him
still true today yes it
is um over the the course since did you
know him before
2011 yes I met him we started dating in
2008 and I met him at work a little
before that so what did he do there at
at your place of employment he was an
engineer what type of
engineer um and he said it was a
mechanical engineer okay what did you do
at the place of employment I was a
supervisor of a department of what
department um I was a supervisor of the
packaging Department okay and it was
through that that you and Nick grew to
know meet each other and then know each
other right yes it sounds like there's a
group of other people that you guys got
to know and hang out with from work
right yes
um so you've known Nick since 2008 I
knew him a little before that maybe
2007 and during that time you uh
eventually married him and lived with
him right yes you worked with him
often I did you interacted with his work
uh him at work and at home yes imagine
you really knew this man yes would you
agree that you know his character as to
whether he's peaceful or violent
jaction approach
yes
rection
over so my question was do you have an
opinion as his character for
peacefulness Nick is a very peaceful
person
I want to ask you some other questions
about what you know about Nick okay all
right um was there a time
[Applause]
when
e
e
e
that's by judge no objections entry
Mission those phos what are the numbers
um I'll go through them I just wanted to
publish and ask you when they're on the
El that's fine um we'll turn on the
document
examiner yes thank
you so I'm going to show you um some
photos and ask you some questions about
those okay yes
um this is exhibit number 106 you see
that yes what's what's that a picture of
it's a picture of Nick and I when is
that from do you know I don't remember
the exact date um probably
about 2009
2010 okay and you might not know but
roughly where you at um I don't remember
we went to some Park
and um for the day
and just decided to take some pictures
of us why we were there did you and Nick
often enjoy outdoor activities we tried
to when we could sure and so is this
unusual in any way for you guys to be
out someplace in the outdoors enjoying
yourselves no it's not showing you
what's been marked as exhibit number 107
you see that
sticker who's that it's Nick and I and
our little boy tii okay who's Tiki our
dog all right um and showing you then uh
picture 108 there's three different
pictures there do you see those yes is
that Nick and all of those yes is that
Nick uh on the leftand side and the
right hand side are those pictures of
Nick working on some property you guys
owned in South Dakota yes um Nick a bit
of a handyman oh yes does he fix stuff
around the house yes pick stuff around
the yard yes is he good with tools yes
he is do his friends sometimes call him
if they've got a some sort of problem
that they want fixed yes he's the guy to
go to yes and does he solved It Off with
tools yes have you seen him carry a a
pocket knife before um all the time you
see you know we in this case I think
it's we've called it a utility knife or
a pocket knife but it's a small knife
that he puts in his pocket right yep
have you seen him use that before yes
have you seen him solve problems around
the house with that yes solve problems
around the outside property with that
yes have you seen other people ask him
about hey Nick can you do this and he'll
use the pocket knife to to fix something
or solve something
yes showing you what's uh been marked as
exhibit
109 see those three photos there
yes uh is that Nick yes it is is that
Nick in the hospital on the two ones on
the left yes why was Nick in the
hospital he had a quadruple bypass done
and when was that uh I think it was 2020
okay and um you see in the one on the
left and in the one on the right he has
some sort of U red pillow that's on his
chest do you recognize that yes what was
what was the purpose of the red pillow
so when he would sit up he could hold
that pillow against his chest to help
prevent the pain okay um how long was he
in recovery as a result of that do you
know um I don't remember I know he
wasn't in the Hospital along cuz they
try and get you out right away
um I don't remember if he was
home 3 to four weeks
afterwards now you knew him well before
2020 correct yes and then you knew him
till today sometime after the surgery
correct yes fair to say that since the
surgery he's had some more
limitations yes on his physical ability
correct yes um he wasn't quite as fit as
he was before would you agree yes and uh
maybe this happens to all of us men when
we get into our 50s but appear to you
that he lost some of his confidence in
his Fitness yes lost some of his uh
ability to think he could go off and do
anything and that he's Invincible yes
this certainly humbled him to that
degree yes and did he limit himself to
some degree
he did to some degree yes yeah did he at
some point tell you like I just can't do
this anymore or make complaints about
his own Fitness is no Nick never did
that he wasn't a
complainer not too much no and he tried
if he could do it one way or the other
he usually did it okay all right Problem
Solver yes all right um was he did he
was he on any sort of like exercise
regime that you saw him do or is he just
somebody that stayed like active working
around the house it was just active
working around the house he's not like a
jogger a biker no a lifter or anything
along those lines no okay
um there were some questions about
um alcohol use and before I get
into um that day just in general
Nick a big
drinker no not real big drinker what
occasionally he'll he will but not very
often he'll have a beer couple
beers and after work okay um on this day
were you concerned about his alcohol
consumption on July 30th of 2022 oh no
no was he in any way did did you seen
him impaired on other days oh I've seen
him yes yeah on that day was he in any
way impaired no were you worried about
his
uh intoxication level in any way shape
or form
no um and in your group was there
anybody in your group that was just like
slaming drinks no they had beers but
everybody shared them and I don't know
how many they had but there was nobody
that was intoxicated in our group like
that no okay
um showing you what's been uh I think we
talked before about that other exhibit
now here's exhibit
110 you see that photo yes and uh is
that Nick on the left yes it is okay and
I'm going
to Nick there is that what he wore on
the way to the to tubing yes uh his
shorts they're camouflage shorts does he
have a lot of clothing in which is you
know camouflaged
yes okay that's just kind of his I don't
want to say signature but he's got camo
clothes yes he does lots of them okay
and um is it unusual for him when he's
doing outdoor activities to wear some of
those clothes that are made for outdoor
activities no it's not unusual okay is
it unusual for you to see him out and
about in a cam shirt no and so that's
what he wore there that day yes we see
in that picture there that he has a ball
cap on is that right yes and I think
there's some other
uh the original picture
here exhibit 12 he doesn't have the ball
cap on is that right he does not there
were there times when you guys were on
the river that day that you saw him with
the hat on and with the hat
off I didn't pay attention okay other
than what's documented in the photos
though that you don't have any
particular memory no was it unusual
would it be unusual for you to see him
with a hat on no that's not unusual okay
he wears a hat pretty regularly yes okay
and then I think in both of these photos
he's wearing sunglasses is that
right yeah do you remember him wearing
sunglasses on that day yes I knew he
brought him with okay again on a fair to
say that it was sunny out that day yes
um anything that you thought was unusual
about your husband wearing sunglasses on
a sunny day outside no uh were there
times that you saw him take the
sunglasses off I didn't pay attention he
brought some snorkel and goggles though
right yes and there was certainly a time
when he would before this incident that
we're going to eventually talk about
there were times that you saw him in the
water using the snorkel and goggle
correct no you didn't see that no okay
so has anyone ever showed you the photos
or the video of of him kind of just
resting in the water with the snorkel
and the goggles no okay um is that
something that you've seen him do in the
past
um well he goes in the water but he
usually doesn't bring the snorkeling and
goggles with he did this time only
because I had mentioned that not to wear
any jewelry cuz the water's cold cuz he
wanted to know why and I said because
your jewelry falls off your rings will
fall off your hands cuz the water's cold
okay so he thought he'd bring it with
and looked look for jewelry in the water
oh okay that's why he brought it okay
and that something that you guys
discussed prior to that yes all right
you'd also mentioned prior to in
addition in addition to the snorkel and
goggles
had you said I think on Direct Ernesto
called and asked him to bring the pocket
knife do you remember saying that yes
were you there present when
and you saw Nick answer the phone yes
and did you know who Nick was speaking
to he told me who he was talking to Okay
and it was Ernesto
yes not yet and at some point after that
phone call did you see Nick go and do
something I saw him leave the room okay
and then when he came back did he have
the pocket knife that he often
has I I don't know he told me he anesta
wanted him to bring the knife I'm
sorry this is Ernesto talking
sustained did you eventually
um see uh Nick at the somerset uh tubing
parking lot using the knife to cut some
strings yes were you surprised that uh
he had his pocket knife with him to cut
the strings no okay um at other times
during the day did you see him using the
knife to fix his shoes at all no I did
not so I want to ask you some questions
now focusing on really about July 30th
okay
um at some point there was a time when
somebody in your party lost the phone
correct yes and that was Ariel correct
yes and there was a discussion about
what you guys were going to do correct
yes and eventually Nick went off looking
for the phone correct yes and when you
saw him leave looking for the phone you
saw him with the snorkel and the goggles
correct yes and at that point when he
left he didn't have his hat on or his
sunglasses on agreed right and his shirt
had he been taking his shirt on and off
that day he may have okay do you
remember when he walked away that time
did he have his shirt on or his shirt
off I think it was off cuz he was going
in the water okay
um did you find it unusual when Nick
decided to go help a friend and go look
for a phone no is that just kind of what
Nick does yes
suain is
um when he did that did you think you
needed to keep an eye on him no were you
worried about him like his behavior no
throughout that day had you seen him
cause any conflicts that day no uh
engage with anybody in a way that made
you
like want to control your husband's
Behavior no were you worried about that
in any Con in any way no um you were
just basically like look for the phone
I'm going to sit here and relax in the
tube exactly and that's what you did
that's what I did um at some point he
came back and then he left again correct
yes do you know exactly what he was
doing each time that he was gone from
your group no you weren't keeping an eye
out for him no I would sit up in the
tube once in a while just to see where
he was okay and so this first time you
saw him down in the same area that you
eventually saw him the second time is
that fair to say yes but you couldn't
hear what was going on no you didn't see
any conflict right no you just basically
saw Nick in the middle walking around or
occasionally putting his face in the
water looking for the phone yes that's
what you saw yes no conflict at all no
agreed yes um and then at some point you
said he comes back and then he leaves is
that right yes and some point during
this second trip is when you notice when
you sit up in the tube at some point you
notice that there's some sort something
going on down there correct yes and it
causes you concerned yes cause you
concerned for the safety of your husband
yes because you heard stuff right you
heard like commotion noises I don't know
if I heard anything okay but when I sat
up in the tube I saw stuff and when you
saw them did you see him surrounded by
other
people
um trying to think if I I saw
that I I don't remember if I saw him
surrounded by people did you see
him raise his left hand and make a
motion towards you or other people in
the group no I did not see that okay had
you seen that would you have responded
oh
yes um is your husband somebody that
takes calling for help lightly no you
ever seen him in a situation before
where he calls for help no this the
first time
yes um have you ever seen a situation
before where you felt like he needed
help no so what you saw that must have
been pretty scary yes um what exactly
did you see that raised your level of
fear so much that you said these other
guys they got to go down
there um I that's I don't remember if I
saw anything before but I remember
seeing him in the water on his hands and
knees and getting hit okay did you did
he look to be in a safe space no and
that's why you sent your friends down
there for him yes and you were worried
about him yes
um the prosecutor asked questions about
what his injuries were why didn't you
just wait to see if they like drowned
him objection
judge why'd you send the help when you
didk cuz I wanted my husband back safe
why didn't you wait until you wanted it
to get more
serious why you don't do that you I
wanted him safe I wanted him back you
wanted to get him in a safe spot before
it got so bad that it couldn't be fixed
yes and you were worried that it might
get so bad that it couldn't be fixed
exactly
that's all Mr
Anderson approach
yes
e
all right let's continue Mr Anderson
Sandy you testified on Direct the thing
that you
saw that caused you to send people over
was the young guys jumping out getting
up out of their tues
right yeah okay and then that's when
Ariel and Ernesto walked
over I don't remember I guess I I don't
I thought it was when he was in the
water getting hit but it may have been
before
that do you
remember what you said to law
enforcement if it was when the kids or
the young guys however you want to CL
describe them got out of their tubes I
don't
remember and also on Direct you
testified
never heard Nikolai yell for help right
no I did
not
and would you agree smiling and going
like this no no what no I didn't see
that okay so you didn't see anything you
didn't see a visual call for help you
didn't hear a call for help no like I
said I wear hearing aids I can't wear
him in the water and the water's loud I
would to heard him
okay when was nikolai's
surgery I want to say it was August of
2020 so about 2 years before July of
2022 yes and you said the recovery was
about four to 5 weeks 3 to Four 3 to
four okay and then after that you said
it didn't really slow Nikolai down he
still did what he did before well he it
slowed him down some because sometimes
it took him a little bit longer he
always got everything done but he just
couldn't do it as fast as what he did
before because he didn't have the
strength okay still did yard work ches
around the house that kind of stuff
right wasn't feeble hm he wasn't feeble
no could still run yeah he just had the
pain
okay
I forgot this
was
Nelson yes sorry judge I was trying to
thank you
um what I understand you're saying is
you didn't hear him call for help
correct right and you didn't see him
call for help correct right but you
would agree had you seen him make a
gesture with his left hand waving you
you would have considered that a call
speculation
pathetical she's already answered the
question I wasn't done asking I guess
when you I'm not good point finish
asking the question but I think we've
already gone through this was following
up on his redirect so I know but I think
we've already gone through this so I
don't want to waste time I'll try to be
really quick you would agree had you
seen him raise his left hand in a motion
like this you would considered that from
your husband who you've known for that
long a call for help yes ask an answer
sustained and she's already answered the
question again next topic please you
were asked some questions about when you
actually raised a concern so much though
that you sent two men over there to help
your husband remember that yes and what
I believe you first said on the first
time was when you saw them getting hit
you sent the two people over correct yes
but we came to learn that you may
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