Detective Cepress interviewed McGinnis and indicates the following: Before the shooting,
McGinnis was interviewing the defendant. The defendant told McGinnis that he was a trained
medic. McGinnis stated that he (McGinnis) has handled many ARs and that the defendant was not
handling the weapon very well. McGinnis said that as they were walking south another armed male who appeared to be in his 30s joined them and said he was there to protect the defendant.
McGinnis stated that before the defendant reached the parking lot and ran across it, the defendant had moved from the middle of Sheridan Road to the sidewalk and that is when McGinnis saw a male (Rosenbaum) initially try to engage the defendant. McGinnis stated that as the defendant was walking Rosenbaum was trying to get closer to the defendant. When Rosenbaum advanced, the defendant did a “juke” move and started running. McGinnis stated that there were other people that were moving very quickly. McGinnis stated that they were moving towards the defendant. McGinnis said that according to what he saw the defendant was trying to evade these individuals. McGinnis described the point where the defendant had reached the car. McGinnis described that the defendant had the gun in a low ready position. Meaning that he had the gun raised but pointed downward. The butt of the gun would have been at an angle downwards from the shoulder. McGinnis stated that the defendant brought the gun up. McGinnis stated that he stepped back andhe thinks the defendant fired 3 rounds in rapid succession. McGinnis said when the first round went off, he thought it hit the pavement. McGinnis felt something on his leg and his first thought was wondering whether he had gotten shot. McGinnis was behind and slightly to the right of Rosenbaum, in the line of fire, when the defendant shot.
McGinnis stated that the first round went into the ground and when the second shot went off, the
defendant actually had the gun aimed at Rosenbaum. McGinnis stated he did not hear the two
exchange any words. McGinnis said that the unarmed guy (Rosenbaum) was trying to get the
defendant’s gun. McGinnis demonstrated by extending both of his hands in a quick grabbing
motion and did that as a visual on how Rosenbaum tried to reach for the defendant’s gun.
Detective Cepress indicates that he asked McGinnis if Rosenbaum had his hands on the gun when
the defendant shot. McGinnis said that he definitely made a motion that he was trying to grab the
barrel of the gun. McGinnis stated that the defendant pulled it away and then raised it. McGinnis
stated that right as they came together, the defendant fired. McGinnis said that when Rosenbaum
was shot, he had leaned in (towards the defendant).McGinnis stated that after the defendant shot he ran back towards the hospital towards the middle of the road. McGinnis stayed and turned his attention to Rosenbaum. McGinnis stated that he then heard other shots really soon after.