Gunman is on screen for eight seconds
A closed circuit television camera captured images at Hell Esso gas station on 15 February, 2010, and prosecutors say the figure seen with a gun is Devon Anglin, 25, who is on trial for the murder of 4-year-old Jeremiah Barnes.
Forensic video analyst Grant Fredericks, accepted by the defence as an expert witness, first explained the CCTV process to Justice Howard Cooke, who is hearing the matter without a jury. Mr. Fredericks also compared magnified portions of still images from the video with items of clothing worn by Anglin.
The court has already seen approximately four minutes of video, from the time the car containing the Barnes family is seen driving into the station until after it leaves. The car is initially in the upper portion of the screen facing the camera. Jeremiah’s father, Andy Barnes, is seen getting out of the vehicle to pump gas. The time on the screen is 19.56.58 – because the system uses a 24-hour clock – which is 7pm, 56 minutes and 58 seconds, just minutes before 8pm.
Mr. Barnes goes off screen into the retail section of the station, comes back and gets in the car on the driver’s side. The court has already heard that Mrs. Barnes is in the front passenger seat, with Jeremiah and his brother in the back seat.
At 7pm, 59 minutes and 48 seconds, the first image of the gunman is seen – just the gun in someone’s hand at the bottom of the screen on the left. It is a long-barrelled revolver. From the position of the thumb and back of hand, Mr. Fredericks could say the gun is being held in someone’s left hand. Two seconds later, at 7pm, 59 minutes and 50 seconds toward the middle of the screen on the right, the back of a figure is seen, wearing a hoody – a long-sleeved outer garment with hood attached. Because of the angle of the camera, only the tip of the barrel is seen, still in the left hand. The right hand is empty.
One second later, 7pm, 59 minutes and 51 seconds, the whole figure is seen, with back still to the camera.
At 7pm, 59 minutes and 52 seconds, the Barnes’ car is seen moving past the gunman, who is turned to his left, towards the car, with his left arm extended. By this time the shooter’s hood is no longer on his head. Mr. Fredericks magnified the face at this point, showing it to be covered from the chin up to the bridge of the nose.
At 7pm, 59 minutes and 54 seconds the gun is still in the left-hand grip, with the right hand squeezing it for support as the shooter moves towards the bottom of the screen in the direction the Barnes car has gone. Mr. Fredericks cautioned that he could not say whether the person was right handed or left handed; he could only say what hand the gun was in.
At 7pm, 59 minutes and 55 seconds the gunman is leaving the screen.
He had been wearing light blue long jeans pants and dark shoes. Mr. Fredericks said there was nothing specifically unique that he could detect about the jeans. Coincidentally, Anglin had been to court on a traffic charge on 15 February and he was seen on camera in the courthouse. He was wearing jeans. Questioned by defence attorney John Ryder, Mr. Fredericks said he could not say from the CCTV whether Anglin’s jeans and the gunman’s jeans were the same.
The analyst also had access to the jeans and shoes Anglin was wearing when he was arrested the night of the shooting.
The shoes were black Nike Air Force One, with a small object like a buckle over the laces at the bridge of the foot. In both the court and gas station CCTV videos, Mr. Fredericks said he noted small reflective objects on the fronts of the shoes.
Mr. Ryder asked if the reflective areas could actually be a lighter tone of colour. Mr. Fredericks said he could not distinguish. He also could see no dissimilarities between the shoes and the images.
Crown prosecutor Andrew Radcliffe asked about a photo of Anglin, taken after his arrest, in which he is wearing black and white boxer shorts.
Mr. Fredericks described them as fabric with black and white lines running vertically and the lines about the same width.
In one of the frames of the video, as the gunman has his arm raised, there is a light and dark piece of fabric that Mr. Fredericks said “protrudes from under the pants” and contains white and dark lines that go up and down.
Mr. Ryder asked about the area of colour around the middle of the gunman’s image: Might it also be coming down from under a top garment, he wondered. The witness replied, it could be.