Apple River stabbing trial: Suspect's wife testifies

FOX 9 Minneapolis-St. Paul
3 Apr 202462:51

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

  • 📍 The witness, Sandra, is being questioned about an incident involving Nikolai, who she knows well.
  • 👥 Sandra and Nikolai were tubing with a group of people, including Ariel, Ernesto, and others.
  • 🗓️ The incident occurred on July 30, 2022, during a tubing trip.
  • 🔍 Sandra noticed Nikolai in trouble when he was on his hands and knees in the water and someone was hitting him.
  • 🆘 Sandra sent Ariel and Ernesto to assist Nikolai after observing the situation.
  • 🚨 There was a commotion and police arrived at the scene, where CPR was being administered to an individual.
  • 💡 Nikolai had a surgery in 2020 and it affected his physical abilities, but he still remained active.
  • 🍺 Alcohol was present during the tubing trip, but Sandra did not perceive Nikolai or anyone in their group as intoxicated.
  • 🔪 Nikolai was seen with a pocket knife, which was used to cut strings on the tubes and was a common tool he carried.
  • 🕶️ Nikolai was wearing sunglasses and a hat, and was seen without his shirt at one point during the day.
  • 📸 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

00:00

Witness Testimony Introduction 📝

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.

05:02

Tubing Incident and Initial Actions 💦

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.

10:03

Witness Account of the Confrontation 👀

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.

15:12

Clarifications and Group Dynamics 👥

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.

20:13

Relationship and Character Testimony 💞

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.

25:15

Character and Behavior Analysis 🧐

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.

30:16

Observations and Concerns on the Day of the Incident 🌞

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.

35:17

Testimony on the Use of Pocket Knife and Outdoor Attire 🔪

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.

40:25

Witness Account of the Incident and Subsequent Actions 🚨

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.

45:26

Concern for Safety and Decision-Making 🛑

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

💡Witness

A witness in the context of this video script refers to an individual, Sandra, who is providing testimony or evidence in a legal proceeding. She is recounting her personal experiences and observations related to an incident involving Nikolai and others during a tubing event. Her account is crucial for establishing the sequence of events and the actions of the individuals involved.

💡Tubing

Tubing in this script refers to the recreational activity of floating down a river or other body of water on an inflatable tube. It is the central activity around which the events in the video take place. The incident that is being discussed happened while the group was engaged in this activity.

💡Incident

The term 'incident' refers to the event or series of events that led to legal proceedings and the need for witness testimony. In this video, the incident involves a physical altercation that Nikolai was a part of during the tubing activity, which resulted in injuries and law enforcement involvement.

💡Law Enforcement

Law enforcement in this context refers to the government officials or agencies responsible for maintaining law and order, ensuring public safety, and investigating crimes. In the video, law enforcement officers are depicted as responding to the incident and conducting an investigation, including taking statements from witnesses like Sandra.

💡Testimony

Testimony refers to a formal statement made by a witness under oath during a legal proceeding, such as a trial or an inquiry. In the video, Sandra's account of the events constitutes her testimony, which is being questioned and clarified by the involved parties.

💡Character

Character, in this context, refers to the personal qualities, traits, and reputation of an individual, particularly as they pertain to moral and ethical behavior. Sandra is asked about Nikolai's character to provide insight into his nature and to help understand his actions during the incident.

💡Physical Evidence

Physical evidence includes tangible objects or materials that are presented in legal proceedings to prove or disprove a fact. In the video, Sandra's testimony is considered a form of evidence, as are photographs and other items mentioned that can help reconstruct the events of the incident.

💡Injury

Injury refers to physical harm or damage to the body caused by an external force or agent. In the context of the video, injuries are a significant aspect of the incident, as they indicate the level of force used and can be crucial in determining the severity of the altercation.

💡Recollection

Recollection refers to the act of remembering past events or details. In legal proceedings, a witness's recollection is critical to constructing an accurate timeline and understanding of the events in question.

💡Conflict

Conflict, in this context, refers to a disagreement or fight that arises between parties. The video script revolves around an incident that involved a conflict, and the testimonies are aimed at understanding the nature and extent of this conflict.

💡Safety

Safety refers to the state of being protected from harm or danger. In the video, concerns about safety arise when Sandra observes the incident unfolding and decides to send help for Nikolai, fearing for his well-being.

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

00:00

nothing but the

00:01

TRU please have a seat in the witness

00:12

chair Mr

00:14

Anderson can you please State your first

00:16

and last name Sandra

00:19

mu and Sandra do you work no um where

00:24

what city and state do you live in I

00:26

live in Lakeville

00:28

Minnesota

00:33

and obviously you know Nikolai Mew

00:40

yes where did you guys where did you two

00:43

meet at work and is that Richie

00:46

engineering

00:51

yes were

00:53

you tubing with Nikolai on July 30 2022

00:58

yes were you with a group of people I'm

01:03

sorry what were you with a group of

01:04

people

01:12

yes commission to approach

01:19

yes I'm handing it's been marked as

01:22

exhibit 12 you can take

01:25

it are those the people you were tubing

01:27

with yes okay

01:30

um move to admit and publish any

01:33

objection to 12 no

01:47

objection and Sandra can you see that do

01:50

you go by Sandy or Sandra Sandy

01:56

okay far left person who's that it's

02:00

Ariel and how do you know

02:03

Ariel he's

02:05

nesto's nephew and anesto used to work

02:07

with us okay how many times were you and

02:11

Nick or just Nick close friends with

02:14

Ariel just met

02:16

him um we sort of were close friends

02:18

with them we'd go over to Amy and

02:19

nesto's house and he would be there okay

02:22

and how about the woman next Ariel I

02:25

don't know him know her very well that's

02:28

Ariel's girlfriend friend okay and

02:32

then

02:35

um guy third from right I don't know him

02:38

that was the first time he had been

02:40

there okay and then that's Nikolai next

02:43

to Fourth from right yes okay where are

02:46

you in this photo I'm in the inner tube

02:48

in the middle okay and

02:51

then where's Ernesto anesto is in

02:55

between Amy and Rosie okay maybe I'll go

02:59

back

03:01

everyone can see can you still see it

03:03

yeah show down okay and who is Rosie

03:06

Rosie is an nesto's

03:09

sister

03:11

and how do you know Ernesto and

03:15

Rosie I know anesto cuz we worked with

03:18

him Rosie's been over at his house when

03:21

we would go over there okay how long

03:23

have you known or

03:25

nesto

03:27

um I I don't even know 10 some years

03:31

probably maybe a little bit

03:33

more 10 to 15 yeah I'd go 10 to 15 okay

03:38

do you guys you and Nick would you

03:40

socialize with them a

03:41

lot yes we'd go to their house would

03:44

they come to your house yes okay so

03:47

decent close to close friends yes how

03:50

about Amanda or Amy that's in nesto's

03:53

wife okay you knew her pretty well too

03:57

yes and T did you know her I only knew

04:01

her a little bit I met her a couple of

04:03

times when we'd go over to Amy and

04:05

nesto's house okay and and same with

04:08

pachy I only met him when we go over

04:11

there and I only met him maybe three

04:12

times okay and you that's what you know

04:15

him as pachy mhm yes yes okay

04:28

sorry

04:43

when you were

04:48

tuing in the

04:50

beginning did Nikolai have a knife on

04:52

him I don't know if he did when we were

04:56

tubing in the beginning at the start

05:01

he only did to cut the strings on the

05:04

tubes he went back to the Jeep and I

05:06

thought he put it away

05:08

okay um and as you guys were

05:15

tubing so you didn't see him put it

05:17

there you just thought he put it in the

05:18

Jeep when he went back to the Jeep

05:22

yes and is that what he brought it for

05:24

to cut the string yes so you could tie

05:27

up at the beginning yes actually a nesto

05:30

called Nick and asked him to bring it

05:33

okay so we could he could cut the string

05:35

did you did your group stop on the way

05:39

did you stop anywhere on the way while

05:41

tubing why we were tubing no did you

05:44

stop before we got there yeah did you

05:47

stop somewhere to eat or hang out on a

05:50

beach or anything like that

05:52

no you remember telling law enforcement

05:56

you stopped and you're eating for like

05:57

30 minutes or so and using the bathroom

06:01

that was why we were

06:02

tubing what do you mean can you explain

06:05

that we were tubing down the river and

06:07

there was a spot that is covered where

06:10

they must have played a band or

06:12

something there once in a while it was

06:15

on the river while we were tubing we

06:16

stopped to eat gotcha you thought I was

06:18

asking about before tubing yes okay

06:26

sorry

06:28

and did

06:31

Nikolai have uh snorkel goggles with him

06:40

yes and was he

06:43

snorkeling by a group of young guys at

06:47

one

06:48

point I don't

06:50

know he just took the snorkle and went

06:54

out there did you see him by a group of

06:56

young guys at some point I did later

07:00

okay when the incident

07:03

started and was there actually a couple

07:07

times that Nicolai went over to that

07:09

group that I don't know for

07:12

sure did you tell law enforcement that

07:15

he went over there

07:17

twice I know he

07:21

I I think he went to that group he came

07:25

back and then I didn't know he went back

07:27

to that group until later I saw him over

07:32

there okay so he he had gone to the

07:36

group of the young guys came

07:39

back and then at some point he went back

07:42

there but you didn't see him go back

07:43

there again no I didn't keep track of

07:46

him okay

07:49

how how

07:51

long um was he back that you remember

07:56

before you noticed he was gone again I

07:59

know maybe 5 minutes I don't know for

08:01

sure do you remember saying maybe 10

08:02

minutes I I may

08:11

have and then when he went judge can we

08:14

approach

08:28

yes

08:58

e

09:28

e and at some point did Ariel's phone

09:34

get knocked in the

09:36

water I don't know how it went in the

09:38

water but

09:43

yes

09:46

and do you remember in relation to the

09:50

two times Nikolai went over to those the

09:52

group of young guys was it before the

09:55

first time after the first time do you

09:58

remember

10:00

was what before or after when the phone

10:02

got lost oh it was before

10:07

okay and was Nikolai looking for the

10:11

phone

10:12

yes what what were you guys doing the

10:15

rest of the group while Nikolai was

10:16

looking for the phone I don't know what

10:18

they were doing I was busy sitting in

10:20

the inner tube cuz I had a hard time

10:21

getting out of it and I was just looking

10:24

at the sky and the trees and just

10:27

relaxing and enjoying my day

10:30

you guys I mean your group was kind of

10:32

by a sandbar is that right mhm

10:39

okay and when Nikolai was back at the

10:43

group of young guys the second

10:46

time did something catch your

10:50

attention I happen to every once in a

10:54

while I'd sit up in my tube just to see

10:55

where Nick was at and the one time I did

11:00

that it looked like there was people

11:03

around him and all of a sudden I saw him

11:05

on his hands and knees in the water and

11:07

somebody was hitting him didn't you

11:10

originally say that the first thing you

11:12

noticed was all the young guys jumping

11:14

out of their

11:15

tubes I may have and it's that that

11:18

point that you alerted your group and

11:22

sent some people over there or asked

11:25

some people to go over there yeah I had

11:27

asked two of them who are those two

11:30

people Ariel and arnesto okay and again

11:34

Ariel in the group photos on the far

11:37

left yes he's with the red white and

11:41

blue and Ernesto is the guy the only one

11:44

without a shirt off in that photo yeah

11:46

he's on the other

11:49

side it's like second from where I'm at

11:52

on that side

11:58

okay

12:03

and so you

12:05

saw and just to clarify this is the

12:08

second time nikolai's at the group that

12:11

you see them jump

12:12

up yes

12:16

okay

12:19

and do arnesto after you see the boys

12:22

jump up and you alert the

12:25

group do Ernesto and Ariel start walking

12:28

over there

12:30

yes Ariel went first and then anesta

12:40

went and then I think you said the next

12:43

thing you remember was he or saw was he

12:46

was on his hands and knees in the water

12:48

and somebody hit him

12:50

yep and then did you see anything after

12:54

that I did

12:57

not and

13:02

and how at some point after what what do

13:05

you remember happening after

13:07

that they just brought him

13:10

back and and I saw the police come and

13:13

people were screaming

13:17

and um kid was by a tree I

13:21

guess and later because we stayed there

13:25

for about 20

13:27

minutes and I'm gonna get to that in a

13:30

second but I just want to back up a

13:32

little bit

13:35

so you said they brought him back

13:40

did Nikolai come back before or after or

13:44

with Ernesto and Ariel if you

13:48

remember with them I think did you

13:51

actually see Nikolai walking back from

13:53

the group or did you just was he just

13:56

there like next thing you noticed I saw

13:59

him

14:00

coming I didn't see him leave that group

14:03

I saw him no walking back and were you

14:06

watching him the whole time he was

14:07

walking

14:09

back not at the beginning when he left

14:11

the group I didn't see

14:13

that and did you watch

14:16

him

14:18

so I just want to make sure I'm

14:28

understanding

14:31

[Applause]

14:32

that the last sheet of paper yes um one

14:35

of the bails I think there's another

14:37

pack just outside the store leaning it

14:39

up against the

14:58

wall

15:11

let's take that one down we need to mark

15:13

it in any

15:26

event so if

15:31

this is the river

15:34

mhm let's say this is The Sandbar okay

15:37

you with me mhm okay were you you guys

15:40

are somewhere around here yeah right

15:43

next to it okay in the water or yes okay

15:46

like right here yep okay and

15:51

then

15:53

the do you remember where

15:56

the young boys were or young kids or

15:59

adults yeah they were on that

16:02

side the other side of the river yes

16:04

they weren't on the same side we were on

16:06

and they were they Downstream ways yes

16:09

okay so right I mean there's no scale so

16:12

yeah I'll just draw them generally here

16:16

so at some point Nikolai walked back mhm

16:20

and you said you didn't see him when he

16:22

left at first do you know like at if if

16:26

you know I don't want you to guess at

16:29

like if when he was halfway did you

16:31

start to watch him come back when he was

16:32

almost back to your

16:34

group

16:36

um probably a little less or a little

16:39

more than halfway okay so maybe like

16:42

around here no the other way lower oh

16:44

this down here probably saw him about in

16:48

there and did he walk straight back to

16:50

your group from there yes and you

16:53

watched him walk back yes okay do you

16:57

remember

17:05

you met

17:06

with essentially the people sitting at

17:09

this table prior to testifying is that

17:11

right

17:12

yes and do you remember saying in that

17:15

meeting that you weren't watching him

17:17

when he walked back the whole time yes

17:20

okay so you know which one it is yes I

17:24

probably didn't watch him the whole time

17:27

okay

17:39

and

17:41

after Nikolai was back by you your

17:46

group what did you see what did you

17:50

hear not not amongst your group but down

17:55

river um there was a lot of commotion

17:57

down there

17:59

um I saw um the police arrive I

18:05

saw someone I didn't really see the

18:08

person laying by the tree but I saw

18:10

somebody give him that person

18:14

CPR let me ask a question about that so

18:17

the person who is getting

18:21

CPR was that on the other side of the

18:23

river from you yes it was by where the

18:26

other people's troops were so

18:35

[Music]

18:42

somewhere down

18:44

here

18:48

yeah

18:50

and did you see that CPR going on you

18:54

said you're were there about 20 minutes

18:56

yeah I think it was about 20 minutes I

18:58

don't know for sure but it seemed like

19:00

20 minutes and was somebody getting CPR

19:03

on the shore that whole time um pretty

19:07

much

19:11

okay about 20

19:14

minutes did you

19:19

see and the commotion um can you

19:23

describe the

19:27

commotion um

19:30

people were more

19:31

frantic it

19:33

seemed um they were just going to people

19:37

that needed

19:39

help and what do you mean needed help do

19:41

you see people who are injured no just I

19:45

like I said I didn't see the one by the

19:46

tree either I'm just assuming but

19:50

no so what did

19:52

you what did you see to know they were

19:55

doing

19:57

CPR I saw some somebody pushing up and

20:00

down on the person's chest

20:05

okay did you see blood I did

20:10

not and so you said you saw a law

20:12

enforcement arrive mhm yes

20:20

and you remember seeing a couple

20:22

officers in the water

20:25

yes is that is that what you remember as

20:28

far as law enforcement that you saw

20:29

before you guys

20:31

left yes there may have been an

20:33

ambulance but I'm not

20:35

sure do you do you remember telling us

20:40

in the meeting that you saw a police SUV

20:44

couple officers in the water and no

20:47

ambulance yes I do remember that

20:51

okay

20:57

so

20:59

did anyone from your group once Ariel

21:04

Ernesto and Nikolai are back with you

21:08

did anyone walk over

21:11

to where the commotion was going on I

21:14

heard somebody did I didn't see

21:27

them

21:37

prior to

21:43

the incident I'll call

21:46

it was the what was the atmosphere like

21:49

among your group were you guys drinking

21:52

listening to music we were listening to

21:54

music until the phone got lost cuz that

21:56

was the one that was playing the music

21:57

on okay um some of them were

22:01

drinking okay was Nikolai drinking he

22:05

had about two

22:11

beers about just an estimate yeah you

22:16

were the designated sober driver home

22:18

right yeah I was just drinking

22:22

water and that was pre-planned that you

22:25

would be the one to drive home no it was

22:27

not pre-planned

22:35

[Applause]

22:43

and then after the incident what was

22:46

the mood like when you're tubing down

22:50

the river

22:57

quiet

23:03

and I'm not I'm not asking what was said

23:06

but while you're tbing down the

23:09

river was Nikolai

23:11

talking he was I think he was talking to

23:14

Amy but I'm not positive okay I didn't

23:17

look to

23:23

see so when

23:25

you fair to say when you guys tube down

23:29

the person was still getting

23:34

CPR I don't

23:36

remember there's the scene was the scene

23:39

still

23:40

chaotic I don't think it was back then

23:43

no no but it was before ambulances

23:46

arrived

23:49

right I don't know for sure well you

23:53

said there you saw a police SUV two

23:56

officers in the water no ambulances

23:58

right I didn't I don't know for sure I

24:01

didn't pay attention but I told you

24:03

before there was no ambulance so I guess

24:05

not

24:09

okay you'd agree that when you told us

24:11

that we just asked you to tell us what

24:13

you remember right yes you

24:16

weren't and crying or no but you know

24:21

I've been trying to block this out so

24:24

okay since even since I talked to you I

24:26

don't remember I'm not going to sit here

24:28

read the transcripts you gave me I don't

24:31

remember okay

24:34

um I imagine and

24:37

I I want to be respectful I imagine this

24:39

is extremely difficult yes for

24:57

you

25:04

so when your

25:07

group

25:08

left you had to tube

25:12

by the spot where the incident happened

25:15

right mhm yes yes

25:27

okay

25:41

since this

25:43

incident you've had conversations with

25:46

Nikolai

25:49

about briefly about some parts of the

25:52

incident

25:54

agreed

25:56

yes and Nick I has expressed to you

26:01

frustration with you and your

26:04

group because you didn't hear him

26:07

yelling for help right

26:10

right and

26:13

he cast some blame on you and your group

26:16

for not coming in response to his yells

26:19

for help

26:27

yes

26:30

and you responded you couldn't hear any

26:33

yells for help no couldn't hear it not

26:36

over the

26:49

water Nick's knife um you described it

26:53

as you believed it was a silver blade

26:56

black handle folding knife do you

26:57

remember that

26:59

I don't remember it could have

27:17

been and you described that I had a clip

27:20

and a a clip on the knife right yes and

27:26

he'd clip it into his blower pocket on

27:28

his shorts yes and nikolai's

27:31

right-handed right he's

27:57

right-handed

28:02

[Applause]

28:11

do you

28:12

remember telling law enforcement

28:16

that you heard

28:20

screaming I don't remember I may have I

28:23

just don't

28:24

remember you um what ref refresh your

28:28

memory to see a

28:30

transcript

28:43

yes okay do that refresh your memory no

28:48

but it says it so I must have said it

28:57

okay

29:06

when

29:09

the when you saw a CPR being done on the

29:14

shore was the was the rest of your

29:17

group W looking in the same direction

29:20

watching what was going on I'm assuming

29:22

so no Foundation

29:25

sustain you're there for 20 minutes

29:29

I guess sorry just wait till sorry

29:32

address the objections that's fine I'm

29:34

sorry I didn't hear the objection I

29:36

objected asked an answer I I hadn't

29:38

finished ask a question we'll start

29:41

over so you were there for you estimate

29:46

about 20 minutes with the other people

29:49

from your group as you were there did

29:51

you make

29:53

observations about the people in your

29:56

group no no you didn't see anything that

29:59

anyone was doing or looking at

30:02

no where were you

30:10

okay and what about Nikolai did you see

30:14

where he was

30:15

looking

30:18

no did you see what he was

30:21

doing

30:22

no

30:25

so

30:26

Nikolai walks down to the I'm talking

30:30

about the second time now the group of

30:33

young

30:35

guys you see him get

30:39

hit when he's down on his hands and

30:42

knees he eventually comes back and

30:44

you're not paying any attention to what

30:46

Nikolai is doing leading

30:51

suain mayor we approach

30:56

yes

31:26

e

31:56

so during that 20 minutes we you

31:58

watching after everything you've

32:00

testified about during the 20 minutes

32:02

you're

32:03

there were you w were you paying any

32:06

attention to

32:09

Nikolai I don't

32:11

recall I must have at some point I just

32:14

don't

32:22

recall

32:23

the did Nikolai have any injuries that

32:26

you saw I didn't notice any but I didn't

32:29

pay attention

32:32

either

32:36

and the people that Nikolai was down by

32:42

Downstream were they bigger smaller same

32:46

size as

32:50

Nikolai um I noticed some of them were

32:53

skinnier some of them were

32:56

bigger they were were all

32:58

younger do you remember telling law

33:01

enforcement that they're all smaller

33:04

than Nikolai Nikolai is a big guy no I

33:07

don't remember saying that but if I

33:12

did you remember saying didn't look like

33:15

Nikolai got hit that

33:17

hard I don't

33:26

remember

33:36

[Applause]

33:46

[Applause]

33:56

for

34:20

when Nikolai came back after you saw him

34:23

get hit did

34:26

you go to him render any Aid anything

34:29

like that did I what go to him and

34:32

render any Aid or anything like that I

34:34

just made sure it didn't have any I

34:37

didn't see any blood or anything so I'm

34:39

assuming he was not too badly hurt

34:51

[Applause]

34:56

okay

35:08

nothing else judge Mr

35:13

Nelson miss m can you tell us when you

35:16

and Nick got

35:19

married when

35:21

yeah yeah it was June 4th

35:26

2011

35:29

why' you marry him because I loved him

35:33

still true today yes it

35:35

is um over the the course since did you

35:39

know him before

35:40

2011 yes I met him we started dating in

35:44

2008 and I met him at work a little

35:47

before that so what did he do there at

35:51

at your place of employment he was an

35:53

engineer what type of

35:55

engineer um and he said it was a

35:58

mechanical engineer okay what did you do

36:01

at the place of employment I was a

36:04

supervisor of a department of what

36:08

department um I was a supervisor of the

36:11

packaging Department okay and it was

36:14

through that that you and Nick grew to

36:18

know meet each other and then know each

36:19

other right yes it sounds like there's a

36:22

group of other people that you guys got

36:24

to know and hang out with from work

36:26

right yes

36:29

um so you've known Nick since 2008 I

36:33

knew him a little before that maybe

36:36

2007 and during that time you uh

36:39

eventually married him and lived with

36:41

him right yes you worked with him

36:43

often I did you interacted with his work

36:47

uh him at work and at home yes imagine

36:50

you really knew this man yes would you

36:53

agree that you know his character as to

36:56

whether he's peaceful or violent

36:58

jaction approach

37:26

yes

37:45

rection

37:46

over so my question was do you have an

37:50

opinion as his character for

37:53

peacefulness Nick is a very peaceful

37:56

person

37:59

I want to ask you some other questions

38:01

about what you know about Nick okay all

38:04

right um was there a time

38:18

[Applause]

38:26

when

38:56

e

39:26

e

39:56

e

40:25

that's by judge no objections entry

40:28

Mission those phos what are the numbers

40:30

um I'll go through them I just wanted to

40:32

publish and ask you when they're on the

40:33

El that's fine um we'll turn on the

40:35

document

40:36

examiner yes thank

40:38

you so I'm going to show you um some

40:41

photos and ask you some questions about

40:43

those okay yes

40:47

um this is exhibit number 106 you see

40:51

that yes what's what's that a picture of

40:54

it's a picture of Nick and I when is

40:57

that from do you know I don't remember

40:59

the exact date um probably

41:04

about 2009

41:06

2010 okay and you might not know but

41:09

roughly where you at um I don't remember

41:12

we went to some Park

41:14

and um for the day

41:18

and just decided to take some pictures

41:20

of us why we were there did you and Nick

41:23

often enjoy outdoor activities we tried

41:26

to when we could sure and so is this

41:28

unusual in any way for you guys to be

41:30

out someplace in the outdoors enjoying

41:32

yourselves no it's not showing you

41:35

what's been marked as exhibit number 107

41:38

you see that

41:39

sticker who's that it's Nick and I and

41:42

our little boy tii okay who's Tiki our

41:45

dog all right um and showing you then uh

41:51

picture 108 there's three different

41:53

pictures there do you see those yes is

41:55

that Nick and all of those yes is that

41:58

Nick uh on the leftand side and the

42:02

right hand side are those pictures of

42:03

Nick working on some property you guys

42:05

owned in South Dakota yes um Nick a bit

42:08

of a handyman oh yes does he fix stuff

42:11

around the house yes pick stuff around

42:14

the yard yes is he good with tools yes

42:18

he is do his friends sometimes call him

42:20

if they've got a some sort of problem

42:23

that they want fixed yes he's the guy to

42:25

go to yes and does he solved It Off with

42:27

tools yes have you seen him carry a a

42:30

pocket knife before um all the time you

42:33

see you know we in this case I think

42:35

it's we've called it a utility knife or

42:37

a pocket knife but it's a small knife

42:38

that he puts in his pocket right yep

42:41

have you seen him use that before yes

42:44

have you seen him solve problems around

42:45

the house with that yes solve problems

42:47

around the outside property with that

42:49

yes have you seen other people ask him

42:51

about hey Nick can you do this and he'll

42:54

use the pocket knife to to fix something

42:57

or solve something

43:04

yes showing you what's uh been marked as

43:07

exhibit

43:08

109 see those three photos there

43:12

yes uh is that Nick yes it is is that

43:15

Nick in the hospital on the two ones on

43:17

the left yes why was Nick in the

43:19

hospital he had a quadruple bypass done

43:22

and when was that uh I think it was 2020

43:27

okay and um you see in the one on the

43:31

left and in the one on the right he has

43:33

some sort of U red pillow that's on his

43:37

chest do you recognize that yes what was

43:40

what was the purpose of the red pillow

43:42

so when he would sit up he could hold

43:44

that pillow against his chest to help

43:46

prevent the pain okay um how long was he

43:50

in recovery as a result of that do you

43:53

know um I don't remember I know he

43:56

wasn't in the Hospital along cuz they

43:57

try and get you out right away

44:03

um I don't remember if he was

44:07

home 3 to four weeks

44:10

afterwards now you knew him well before

44:14

2020 correct yes and then you knew him

44:18

till today sometime after the surgery

44:20

correct yes fair to say that since the

44:22

surgery he's had some more

44:25

limitations yes on his physical ability

44:28

correct yes um he wasn't quite as fit as

44:32

he was before would you agree yes and uh

44:37

maybe this happens to all of us men when

44:39

we get into our 50s but appear to you

44:41

that he lost some of his confidence in

44:42

his Fitness yes lost some of his uh

44:46

ability to think he could go off and do

44:48

anything and that he's Invincible yes

44:51

this certainly humbled him to that

44:53

degree yes and did he limit himself to

44:55

some degree

44:57

he did to some degree yes yeah did he at

45:00

some point tell you like I just can't do

45:02

this anymore or make complaints about

45:04

his own Fitness is no Nick never did

45:08

that he wasn't a

45:10

complainer not too much no and he tried

45:13

if he could do it one way or the other

45:15

he usually did it okay all right Problem

45:18

Solver yes all right um was he did he

45:23

was he on any sort of like exercise

45:26

regime that you saw him do or is he just

45:28

somebody that stayed like active working

45:30

around the house it was just active

45:32

working around the house he's not like a

45:33

jogger a biker no a lifter or anything

45:37

along those lines no okay

45:42

um there were some questions about

45:49

um alcohol use and before I get

45:53

into um that day just in general

45:57

Nick a big

45:59

drinker no not real big drinker what

46:02

occasionally he'll he will but not very

46:05

often he'll have a beer couple

46:08

beers and after work okay um on this day

46:15

were you concerned about his alcohol

46:16

consumption on July 30th of 2022 oh no

46:19

no was he in any way did did you seen

46:22

him impaired on other days oh I've seen

46:24

him yes yeah on that day was he in any

46:27

way impaired no were you worried about

46:29

his

46:32

uh intoxication level in any way shape

46:35

or form

46:37

no um and in your group was there

46:41

anybody in your group that was just like

46:43

slaming drinks no they had beers but

46:47

everybody shared them and I don't know

46:50

how many they had but there was nobody

46:52

that was intoxicated in our group like

46:54

that no okay

46:57

um showing you what's been uh I think we

47:00

talked before about that other exhibit

47:01

now here's exhibit

47:03

110 you see that photo yes and uh is

47:08

that Nick on the left yes it is okay and

47:11

I'm going

47:12

to Nick there is that what he wore on

47:16

the way to the to tubing yes uh his

47:20

shorts they're camouflage shorts does he

47:23

have a lot of clothing in which is you

47:25

know camouflaged

47:27

yes okay that's just kind of his I don't

47:30

want to say signature but he's got camo

47:32

clothes yes he does lots of them okay

47:35

and um is it unusual for him when he's

47:38

doing outdoor activities to wear some of

47:40

those clothes that are made for outdoor

47:42

activities no it's not unusual okay is

47:44

it unusual for you to see him out and

47:46

about in a cam shirt no and so that's

47:49

what he wore there that day yes we see

47:51

in that picture there that he has a ball

47:54

cap on is that right yes and I think

47:56

there's some other

47:57

uh the original picture

48:04

here exhibit 12 he doesn't have the ball

48:07

cap on is that right he does not there

48:11

were there times when you guys were on

48:12

the river that day that you saw him with

48:14

the hat on and with the hat

48:17

off I didn't pay attention okay other

48:21

than what's documented in the photos

48:22

though that you don't have any

48:23

particular memory no was it unusual

48:26

would it be unusual for you to see him

48:28

with a hat on no that's not unusual okay

48:31

he wears a hat pretty regularly yes okay

48:35

and then I think in both of these photos

48:37

he's wearing sunglasses is that

48:42

right yeah do you remember him wearing

48:45

sunglasses on that day yes I knew he

48:48

brought him with okay again on a fair to

48:51

say that it was sunny out that day yes

48:54

um anything that you thought was unusual

48:56

about your husband wearing sunglasses on

48:58

a sunny day outside no uh were there

49:02

times that you saw him take the

49:03

sunglasses off I didn't pay attention he

49:06

brought some snorkel and goggles though

49:08

right yes and there was certainly a time

49:11

when he would before this incident that

49:14

we're going to eventually talk about

49:15

there were times that you saw him in the

49:17

water using the snorkel and goggle

49:19

correct no you didn't see that no okay

49:23

so has anyone ever showed you the photos

49:26

or the video of of him kind of just

49:28

resting in the water with the snorkel

49:29

and the goggles no okay um is that

49:33

something that you've seen him do in the

49:35

past

49:38

um well he goes in the water but he

49:40

usually doesn't bring the snorkeling and

49:42

goggles with he did this time only

49:45

because I had mentioned that not to wear

49:48

any jewelry cuz the water's cold cuz he

49:50

wanted to know why and I said because

49:51

your jewelry falls off your rings will

49:53

fall off your hands cuz the water's cold

49:55

okay so he thought he'd bring it with

49:57

and looked look for jewelry in the water

50:00

oh okay that's why he brought it okay

50:04

and that something that you guys

50:05

discussed prior to that yes all right

50:08

you'd also mentioned prior to in

50:11

addition in addition to the snorkel and

50:12

goggles

50:14

had you said I think on Direct Ernesto

50:18

called and asked him to bring the pocket

50:22

knife do you remember saying that yes

50:24

were you there present when

50:27

and you saw Nick answer the phone yes

50:31

and did you know who Nick was speaking

50:33

to he told me who he was talking to Okay

50:37

and it was Ernesto

50:39

yes not yet and at some point after that

50:43

phone call did you see Nick go and do

50:45

something I saw him leave the room okay

50:48

and then when he came back did he have

50:50

the pocket knife that he often

50:52

has I I don't know he told me he anesta

50:55

wanted him to bring the knife I'm

50:58

sorry this is Ernesto talking

51:02

sustained did you eventually

51:05

um see uh Nick at the somerset uh tubing

51:11

parking lot using the knife to cut some

51:14

strings yes were you surprised that uh

51:18

he had his pocket knife with him to cut

51:19

the strings no okay um at other times

51:24

during the day did you see him using the

51:27

knife to fix his shoes at all no I did

51:48

not so I want to ask you some questions

51:51

now focusing on really about July 30th

51:55

okay

51:58

um at some point there was a time when

52:01

somebody in your party lost the phone

52:03

correct yes and that was Ariel correct

52:06

yes and there was a discussion about

52:08

what you guys were going to do correct

52:11

yes and eventually Nick went off looking

52:15

for the phone correct yes and when you

52:18

saw him leave looking for the phone you

52:20

saw him with the snorkel and the goggles

52:22

correct yes and at that point when he

52:24

left he didn't have his hat on or his

52:27

sunglasses on agreed right and his shirt

52:32

had he been taking his shirt on and off

52:33

that day he may have okay do you

52:37

remember when he walked away that time

52:38

did he have his shirt on or his shirt

52:40

off I think it was off cuz he was going

52:42

in the water okay

52:46

um did you find it unusual when Nick

52:50

decided to go help a friend and go look

52:52

for a phone no is that just kind of what

52:54

Nick does yes

52:57

suain is

53:04

um when he did that did you think you

53:06

needed to keep an eye on him no were you

53:09

worried about him like his behavior no

53:13

throughout that day had you seen him

53:15

cause any conflicts that day no uh

53:19

engage with anybody in a way that made

53:21

you

53:22

like want to control your husband's

53:25

Behavior no were you worried about that

53:27

in any Con in any way no um you were

53:31

just basically like look for the phone

53:33

I'm going to sit here and relax in the

53:34

tube exactly and that's what you did

53:36

that's what I did um at some point he

53:40

came back and then he left again correct

53:42

yes do you know exactly what he was

53:44

doing each time that he was gone from

53:47

your group no you weren't keeping an eye

53:49

out for him no I would sit up in the

53:51

tube once in a while just to see where

53:53

he was okay and so this first time you

53:56

saw him down in the same area that you

53:57

eventually saw him the second time is

53:59

that fair to say yes but you couldn't

54:01

hear what was going on no you didn't see

54:04

any conflict right no you just basically

54:07

saw Nick in the middle walking around or

54:10

occasionally putting his face in the

54:12

water looking for the phone yes that's

54:14

what you saw yes no conflict at all no

54:17

agreed yes um and then at some point you

54:21

said he comes back and then he leaves is

54:23

that right yes and some point during

54:25

this second trip is when you notice when

54:28

you sit up in the tube at some point you

54:30

notice that there's some sort something

54:31

going on down there correct yes and it

54:33

causes you concerned yes cause you

54:36

concerned for the safety of your husband

54:38

yes because you heard stuff right you

54:41

heard like commotion noises I don't know

54:44

if I heard anything okay but when I sat

54:46

up in the tube I saw stuff and when you

54:49

saw them did you see him surrounded by

54:51

other

54:53

people

54:54

um trying to think if I I saw

54:59

that I I don't remember if I saw him

55:01

surrounded by people did you see

55:04

him raise his left hand and make a

55:07

motion towards you or other people in

55:09

the group no I did not see that okay had

55:12

you seen that would you have responded

55:14

oh

55:15

yes um is your husband somebody that

55:20

takes calling for help lightly no you

55:24

ever seen him in a situation before

55:26

where he calls for help no this the

55:28

first time

55:30

yes um have you ever seen a situation

55:35

before where you felt like he needed

55:36

help no so what you saw that must have

55:40

been pretty scary yes um what exactly

55:43

did you see that raised your level of

55:45

fear so much that you said these other

55:47

guys they got to go down

55:49

there um I that's I don't remember if I

55:53

saw anything before but I remember

55:55

seeing him in the water on his hands and

55:57

knees and getting hit okay did you did

56:00

he look to be in a safe space no and

56:03

that's why you sent your friends down

56:04

there for him yes and you were worried

56:06

about him yes

56:13

um the prosecutor asked questions about

56:16

what his injuries were why didn't you

56:18

just wait to see if they like drowned

56:20

him objection

56:22

judge why'd you send the help when you

56:25

didk cuz I wanted my husband back safe

56:28

why didn't you wait until you wanted it

56:30

to get more

56:34

serious why you don't do that you I

56:38

wanted him safe I wanted him back you

56:40

wanted to get him in a safe spot before

56:42

it got so bad that it couldn't be fixed

56:45

yes and you were worried that it might

56:47

get so bad that it couldn't be fixed

56:55

exactly

56:57

that's all Mr

56:59

Anderson approach

57:25

yes

57:55

e

58:23

all right let's continue Mr Anderson

58:27

Sandy you testified on Direct the thing

58:29

that you

58:30

saw that caused you to send people over

58:33

was the young guys jumping out getting

58:36

up out of their tues

58:39

right yeah okay and then that's when

58:43

Ariel and Ernesto walked

58:51

over I don't remember I guess I I don't

58:55

I thought it was when he was in the

58:57

water getting hit but it may have been

58:59

before

59:00

that do you

59:03

remember what you said to law

59:06

enforcement if it was when the kids or

59:09

the young guys however you want to CL

59:11

describe them got out of their tubes I

59:14

don't

59:21

remember and also on Direct you

59:25

testified

59:27

never heard Nikolai yell for help right

59:32

no I did

59:33

not

59:35

and would you agree smiling and going

59:38

like this no no what no I didn't see

59:42

that okay so you didn't see anything you

59:46

didn't see a visual call for help you

59:48

didn't hear a call for help no like I

59:50

said I wear hearing aids I can't wear

59:52

him in the water and the water's loud I

59:54

would to heard him

60:00

okay when was nikolai's

60:03

surgery I want to say it was August of

60:07

2020 so about 2 years before July of

60:12

2022 yes and you said the recovery was

60:16

about four to 5 weeks 3 to Four 3 to

60:19

four okay and then after that you said

60:21

it didn't really slow Nikolai down he

60:23

still did what he did before well he it

60:26

slowed him down some because sometimes

60:28

it took him a little bit longer he

60:30

always got everything done but he just

60:31

couldn't do it as fast as what he did

60:34

before because he didn't have the

60:35

strength okay still did yard work ches

60:38

around the house that kind of stuff

60:39

right wasn't feeble hm he wasn't feeble

60:43

no could still run yeah he just had the

60:47

pain

60:54

okay

61:13

I forgot this

61:24

was

61:32

Nelson yes sorry judge I was trying to

61:34

thank you

61:40

um what I understand you're saying is

61:42

you didn't hear him call for help

61:43

correct right and you didn't see him

61:45

call for help correct right but you

61:47

would agree had you seen him make a

61:49

gesture with his left hand waving you

61:52

you would have considered that a call

61:54

speculation

61:56

pathetical she's already answered the

61:59

question I wasn't done asking I guess

62:02

when you I'm not good point finish

62:04

asking the question but I think we've

62:05

already gone through this was following

62:07

up on his redirect so I know but I think

62:10

we've already gone through this so I

62:11

don't want to waste time I'll try to be

62:13

really quick you would agree had you

62:15

seen him raise his left hand in a motion

62:19

like this you would considered that from

62:21

your husband who you've known for that

62:22

long a call for help yes ask an answer

62:27

sustained and she's already answered the

62:28

question again next topic please you

62:31

were asked some questions about when you

62:33

actually raised a concern so much though

62:37

that you sent two men over there to help

62:39

your husband remember that yes and what

62:42

I believe you first said on the first

62:44

time was when you saw them getting hit

62:46

you sent the two people over correct yes

62:49

but we came to learn that you may

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