Commonwealth v. Read — Trial ArchiveRyan Nagel - Direct/Cross
554 linesCOURT CLERK: Do you swear to tell the court the truth, the whole truth, and nothing but the truth, so help you God?
MR. NAGEL: Yes.
JUDGE CANNONE: Are you ready, Mr. Lally?
MR. LALLY: Thank you. Good — Good morning, sir.
MR. NAGEL: Morning.
MR. LALLY: Could you please state your name and spell your last name?
MR. NAGEL: Ryan Nagel, N-A-G-E-L.
MR. LALLY: And Mr. Nagel, where do you live?
MR. NAGEL: I live in Canton now.
MR. LALLY: How long have you lived in Canton?
MR. NAGEL: Thirty years.
MR. LALLY: And who, if anyone, do you live in Canton with?
MR. NAGEL: I live with my girlfriend now and her son.
MR. LALLY: And prior to that, who, if anyone, did you live with?
MR. NAGEL: My parents, and my brother and sister.
MR. LALLY: And you have two siblings — a brother and a sister. Correct?
MR. NAGEL: Correct.
MR. LALLY: And are you the oldest?
MR. NAGEL: Yes.
MR. LALLY: And your sister's name is what?
MR. NAGEL: Julie.
MR. LALLY: And do you work, sir?
MR. NAGEL: Yes, I do.
MR. LALLY: What do you do for work?
MR. NAGEL: I'm a union tin knocker, which is HVAC.
MR. LALLY: And how long have you been doing — that about 12 years now. Sir, if I could turn your attention to January 28th into January 29th, 2022 — you recall that?
MR. NAGEL: I do.
MR. LALLY: Do you recall what days of the week they were?
MR. NAGEL: I believe it was a weekend.
MR. LALLY: And at some point, you recall going out on that evening?
MR. NAGEL: Yes, I do.
MR. LALLY: And where did you go, and who if anyone did you go out with?
MR. NAGEL: I went to C.F. McCarthy's to begin the night with two of my friends — my ex-girlfriend and my friend Ricky — to meet up with my sister.
MR. LALLY: And so your girlfriend at the time — what was her name?
MR. NAGEL: Heather Maxon.
MR. LALLY: And your friend Ricky, what's his last name?
MR. NAGEL: D'Antuono.
MR. LALLY: And you and your girlfriend at the time, Miss Maxon — how long had the two of you been together?
MR. NAGEL: Probably about a year, year and a half.
MR. LALLY: And your friend Ricky — how long have the two of you known each other?
MR. NAGEL: Probably since sixth grade, so pretty long time.
MR. LALLY: And you went to C.F. McCarthy's — is that an establishment you're familiar with?
MR. NAGEL: Yes, sir. It's in the center of town. I've been there plenty of times before.
MR. LALLY: Yes, sir. And did you go just the three of you, or did you meet someone else there?
MR. NAGEL: Met my sister there.
MR. LALLY: And where within the bar did you go?
MR. NAGEL: I believe at a table — to my recollection, what I remember, yeah.
MR. LALLY: Do you recall sort of what side of the bar you were on?
MR. NAGEL: I believe I was on the left side near the bathrooms — so if you're walking in, on the left side towards the back.
MR. LALLY: Correct. And do you recall about what time it was that you got there?
MR. NAGEL: I don't know — probably — I don't even really remember — eight, maybe.
MR. LALLY: And do you recall how it was that you got there, like what mode of transport?
MR. NAGEL: Ricky drove.
MR. LALLY: And so Ricky drove his own vehicle, is that correct?
MR. NAGEL: Correct, sir.
MR. LALLY: What kind of vehicle did Ricky have?
MR. NAGEL: I believe it was a 2018 F-150 pickup truck.
MR. LALLY: The color or anything?
MR. NAGEL: Gray — dark gray.
MR. LALLY: And he picked you up, is that correct?
MR. NAGEL: Correct, sir.
MR. LALLY: And was Miss Maxon with you when he picked you up?
MR. NAGEL: Yes. Now as far as C.F. McCarthy's was concerned, you're out at a bar, you're drinking — is that correct? Correct, sir.
MR. LALLY: Do you recall what you were drinking?
MR. NAGEL: Probably beer — it's usually what I drink.
MR. LALLY: Do you have a particular brand or anything?
MR. NAGEL: Coors Light.
MR. LALLY: And as far as your girlfriend at the time, Miss Maxon — do you recall what if anything she was drinking?
MR. NAGEL: I would probably say beer as well — probably either Bud Light or Michelob Ultra.
MR. LALLY: And your friend Ricky — was he drinking as well?
MR. NAGEL: Yeah, he had a few.
MR. LALLY: And if you know, about how long were you at C.F. McCarthy's?
MR. NAGEL: Probably a few hours — probably two, maybe three hours.
MR. LALLY: Now following that, where did you go?
MR. NAGEL: From there we went to — a friend of mine shot me a text and we went to the Hillside, which is on the other side of town.
MR. LALLY: Are you familiar with that establishment as well?
MR. NAGEL: Yes, sir.
MR. LALLY: And when you say it's on the other side of town, about how long is the drive sort of between C.F. McCarthy's and the Hillside?
MR. NAGEL: Probably 10 minutes.
MR. LALLY: And when you arrive there, how many friends are we talking about that you're meeting up with?
MR. NAGEL: It was just one other gentleman.
MR. LALLY: And fair to say when you get there you have some more drinks?
MR. NAGEL: Yes, sir — same thing, yep.
MR. LALLY: And if you know, in total sort of over the course of the evening as you're going from one place to the other, how many beers did you have?
MR. NAGEL: Probably between — I don't know — five to eight, maybe, give or take. I'm not sure.
MR. LALLY: And is that a large amount or a normal amount — how would you characterize it?
MR. NAGEL: I guess for the weekend it would probably be like normal, maybe, I guess.
MR. LALLY: And you weren't the driver?
MR. NAGEL: No, sir, I was not.
MR. LALLY: And about how long was it that you were at the Hillside?
MR. NAGEL: I would say probably an hour-ish, give or take.
MR. LALLY: And do you know about what time you left?
MR. NAGEL: Probably around midnight.
MR. LALLY: And when you left from there, where was it that you went?
MR. NAGEL: I went to pick up my sister Julie because she shot me a text asking for a ride.
MR. LALLY: And so you were at the Hillside when you received the text from your sister Julie?
MR. NAGEL: Correct, sir.
MR. LALLY: And what if anything did she indicate as far as where she was or where you were going to pick her up?
MR. NAGEL: She said she was at her friend Brian's house.
MR. LALLY: And is that friend Brian someone that you're familiar with?
MR. NAGEL: Yes, sir.
MR. LALLY: Who — do you know that person?
MR. NAGEL: Just my sister's best friend since they were kids.
MR. LALLY: And do you know what his last name is?
MR. NAGEL: Albert.
MR. LALLY: And his house — had you been there before?
MR. NAGEL: I've driven by it a few times, yes.
MR. LALLY: Is that somewhere you would pick your sister up from on occasion?
MR. NAGEL: Yes, sir.
MR. LALLY: And again, as far as when you leave from the Hillside and you're going to this address — did you know what the address was, or did you have to ask your sister for it?
MR. NAGEL: No, I already knew where the house was.
MR. LALLY: Did you know specifically what the address was, or you just knew generally where?
MR. NAGEL: I didn't know the address — I know the street name, but I didn't know the number.
MR. LALLY: What did you know — the street name?
MR. NAGEL: Fairview.
MR. LALLY: And as you're exiting the Hillside and getting in the truck — who's in the truck?
MR. NAGEL: Ricky is driving, I'm in the passenger seat, and Heather is in the back seat.
MR. LALLY: And the back seat, as far as Ricky's truck is concerned — can you describe sort of what that is?
MR. NAGEL: It was like a jump seat — it's a crew cab, so it's got like the suicide doors on the back.
MR. LALLY: And by "suicide doors" you mean they sort of open up in like a triangle?
MR. NAGEL: Yes, sir.
MR. LALLY: Now about how long was it after you received the text from your sister to the time that you sort of jump in the truck and start to go over there?
MR. NAGEL: Probably 40 minutes or so — we kind of took our time. She said she didn't — she wasn't saying "come now," she just said, you know, "when you get a second, can you come pick me up and bring me home."
MR. LALLY: And if you know, about how long a drive is it from the Hillside to there?
MR. NAGEL: Five minutes, seven minutes, maybe.
MR. LALLY: And as you're driving along, as far as the address is concerned — is that something that you gave to Ricky as far as the GPS, or were you giving him sort of verbal directions?
MR. NAGEL: Verbal directions.
MR. LALLY: And do you recall what you sort of said as far as where to go?
MR. NAGEL: Yes, sir.
MR. LALLY: And what was that, sir?
MR. NAGEL: Like the direction we went — you mean like the street?
JUDGE CANNONE: I think we can move beyond that, Mr. Lally.
MR. LALLY: What I'm trying to ask, sir, is — as you're approaching Fairview, do you recall which side of Fairview or how you entered?
MR. NAGEL: I was coming down Cedarcrest, so Fairview would be on my left.
MR. LALLY: And as you're coming down Cedarcrest with Fairview on your left, what if anything else did you observe toward the front of the truck?
MR. NAGEL: I noticed a car coming up the hill towards us.
MR. LALLY: And can you describe the other car that you saw coming up?
MR. NAGEL: It was a black SUV.
MR. LALLY: And was that a black SUV that you were familiar with, or anything like that?
MR. NAGEL: No, I really — no. I didn't get the end of the question, please.
MR. LALLY: I'm sorry, sir — if you could just — and I know it's difficult, but if you could just wait till I finish the question. Sorry, sir, so this stenographer can report. So, as you were coming up and you see this black SUV — did you recognize it as something you had seen before?
MR. NAGEL: No, sir.
MR. LALLY: And when — so you're approaching at the same time, is that correct?
MR. NAGEL: Yeah, just about, yes.
MR. LALLY: And with regard to Fairview being on the left, what if anything had Ricky done with respect to the vehicle to signal the left?
MR. NAGEL: He put his left blinker on.
MR. LALLY: And that other vehicle that was coming in the opposite direction — what if anything did you observe as far as their direction?
MR. NAGEL: They had their right directional on.
MR. LALLY: And so as a result of that, what if anything did Ricky do?
MR. NAGEL: He flashed his headlights to let the person go, because they were going to beat us, obviously, to the turn.
MR. LALLY: And so they went first, is that correct?
MR. NAGEL: Yes, sir.
MR. LALLY: Ricky's truck then proceeds behind that black SUV onto Fairview?
MR. NAGEL: Yes, sir.
MR. LALLY: And you're coming up to the house — to Brian Albert Jr.'s house — where did that black SUV go?
MR. NAGEL: Probably about kind of right in front of the house, I would say.
MR. LALLY: Came up to the same house that you were going to — that correct, sir?
MR. NAGEL: Yes.
MR. LALLY: And as far as vehicles — the black SUV and Ricky's truck — are they facing in the same direction?
MR. NAGEL: Yes, sir.
MR. LALLY: And which side of the truck that you're in is facing towards the house — Brian's house?
MR. NAGEL: Say that again, sorry — very — poor question.
MR. LALLY: So with regard to the truck that you're in —
MR. NAGEL: Yes.
MR. LALLY: — is it the driver's side, the passenger side, or something else that's facing the house?
MR. NAGEL: Oh, the passenger side — so my side.
MR. LALLY: So your side, and the passenger side facing the house?
MR. NAGEL: Yes, sir.
MR. LALLY: And where did Ricky stop the truck in relation to the house?
MR. NAGEL: Right in front of the driveway.
MR. LALLY: And when you stop in front of the driveway, about how far away is the black SUV — a car length in front of you? A car length and a half?
MR. NAGEL: A car length and a half in front of me.
MR. LALLY: And as you're sitting behind that, what if anything was in between Ricky's truck and the black SUV in front?
MR. NAGEL: There's nothing, sir.
MR. LALLY: And at any point in time that you were there in front of the house, did you observe anybody get out of that truck — I mean get out of the SUV?
MR. NAGEL: No, sir, I did not.
MR. LALLY: And when you arrived there, what if any communication did you have with Julie inside the house in reference to your presence?
MR. NAGEL: I texted her when we were coming down Cedarcrest, saying, "Hey, I'm almost here — you know, get ready to come out."
MR. LALLY: And about how long was it between the time that Ricky parks in front of the driveway and the time that your sister comes out?
MR. NAGEL: Probably about two minutes.
MR. LALLY: And you recall seeing her exit from the house?
MR. NAGEL: Yes, I do.
MR. LALLY: And how did she sort of exit, and how did she come up to the truck?
MR. NAGEL: Like — you mean like what door?
MR. LALLY: What door and how did she —
MR. NAGEL: I would say the side door next to the
MR. LALLY: ...garage. And how did she come up — did she come across the lawn, down the driveway?
MR. NAGEL: I guess she crossed through the lawn a little bit, but obviously walked down the driveway; we were at the end of it.
MR. LALLY: And at this time, when you're in front of the house on Fairview, what was the weather doing?
MR. NAGEL: Just started to snow, sir.
MR. LALLY: And as far as accumulation on the road or the grass or anything, did you see anything like that?
MR. NAGEL: Very little, wasn't too much on the ground yet.
MR. LALLY: And as far as when your sister was walking down from the house to the truck, did you see anything as far as like footprints in the snow or anything like that?
MR. NAGEL: No, I was not really looking for that.
MR. LALLY: So not anything you noticed?
MR. NAGEL: No, no, sir.
MR. LALLY: So she comes to the truck. How was it that you spoke to her — did you roll down the window, open the door, how did that —
MR. NAGEL: I opened the door just because I assumed she was going to jump in the back seat, and she goes, "Oh, would you guys like to come inside?" I looked over at Ricky and he goes, "Maybe we should call it a night" — obviously we were out for a long time — so she goes, "I'm going to stay a little longer," and so she shut the door and I watched her go in the house, and that was it.
MR. LALLY: And the time — from the time that your sister came out and the time that she went back in the house, do you know how long a period of time was it?
MR. NAGEL: Maybe 30, 45 seconds tops.
MR. LALLY: A relatively short amount of time?
MR. NAGEL: Yeah, it was kind of like an in-and-out thing.
MR. LALLY: Now as far as the black SUV in front of you, what if anything did you observe about the movement of that vehicle at any point?
MR. NAGEL: I noticed — the only reason I noticed is because the brake lights were on — and it moved, I'd say, maybe another car length in front of us from where it was.
MR. LALLY: And when was that in relation to when you were parked out there waiting for Julie, talking to Julie? When did that
MR. NAGEL: Probably simultaneously when she came out the door. So it moved up a little bit further, about a car and a half further away from us, facing in the same direction.
MR. LALLY: Yes, sir. And was that the only time that you observed the vehicle move up, or did it —
MR. NAGEL: No, that was the only time I saw it move.
MR. LALLY: And when you say the brake lights, what part of the brake lights were you looking at?
MR. NAGEL: The only reason I noticed that it was the brake lights and not the regular parking lights is because the third light above was on.
MR. LALLY: And so above — sort of in the center of the back of the vehicle?
MR. NAGEL: Correct, sir, yes.
MR. LALLY: Now as far as any of the other lights or any other part of the vehicle, what if any damage did you observe on the vehicle?
MR. NAGEL: I did not observe any — it was dark out.
MR. LALLY: And as far as when the vehicle moved up from one position to the next position, what if anything did you observe in the roadway as far as tire marks in the snow or anything like that?
MR. NAGEL: I didn't really observe any other tracks in the snow besides the car in front of us.
MR. LALLY: So you did observe tire marks from the car in front of you?
MR. NAGEL: Yes.
MR. LALLY: But no other tire marks that you saw?
MR. NAGEL: No, sir.
MR. LALLY: And as far as around the vehicle, at any point in time did you observe anybody exit the vehicle or be outside of the vehicle or anything?
MR. NAGEL: No, sir, I did not.
MR. LALLY: And did you see anybody go from the vehicle to the house?
MR. NAGEL: No, sir.
MR. LALLY: And did you see any footprints in the snow or anything like that around?
MR. NAGEL: No, mainly because obviously it was late at night and I wasn't really looking for any of that.
MR. LALLY: Now as far as your sister — when she comes out to the truck outside — how would you describe her? Did she seem overly intoxicated to you?
MR. NAGEL: Yeah, it seemed like she had a few, yeah.
MR. LALLY: Was she slurring words or stumbling as she was walking?
MR. NAGEL: No, sir.
MR. LALLY: Let me ask — from the time that you came down — you came down from Cedarcrest, is that right?
MR. NAGEL: Correct, sir, yes.
MR. LALLY: So from the time that you came down from Cedarcrest, the black SUV is in front of your vehicle sort of the entire time, correct?
MR. NAGEL: From like the point I turned onto Cedarcrest, you mean?
MR. LALLY: Yes.
MR. NAGEL: No — the only time I saw the vehicle was when we probably got up about 100 feet from Fairview.
MR. LALLY: And I'm sorry — it's a poorly phrased question. What I'm asking is, after you turn from Cedarcrest onto Fairview, that vehicle is in front of you the entire time?
MR. NAGEL: Oh, yes, sir, yes, yes.
MR. LALLY: And so you watched your sister Julie go back up to the house, is that correct?
MR. NAGEL: Yes, sir, I did, to make sure she got inside — okay, yes.
MR. LALLY: And did you observe her go inside the house?
MR. NAGEL: I did, yes.
MR. LALLY: And after she gets inside the house, what if anything did Ricky do with the truck?
MR. NAGEL: He pulled out to go around the SUV in front of us and then to go home.
MR. LALLY: And as far as pulling out — as far as sort of the distance between the truck that you're in and the SUV in front of you — did Ricky put it in reverse and then have to maneuver around, or could he just sort of pull away from the curb?
MR. NAGEL: He just pulled away.
MR. LALLY: And as he's going by the dark SUV, what if anything did you observe?
MR. NAGEL: I observed that there was a person inside the car with the interior light on.
MR. LALLY: And that would be sort of a dome light, is that right?
MR. NAGEL: Correct, sir, yes.
MR. LALLY: Could you see where the dome light was, as far as left, right, or center of the vehicle?
MR. NAGEL: It was in the center.
MR. LALLY: And can you describe the person that you saw — first of all, where were they in the car?
MR. NAGEL: They were in the driver's seat.
MR. LALLY: And can you describe what the person looked like?
MR. NAGEL: It was a woman.
MR. LALLY: And how do you know that?
MR. NAGEL: Had long hair.
MR. LALLY: Do you know what color the hair was?
MR. NAGEL: No, I didn't — I wasn't really paying attention to it. I was kind of just watching Julie go in as we were pulling away.
MR. LALLY: Your direction was to the house as you were watching Julie go in and Ricky's pulling away sort of simultaneously?
MR. NAGEL: Yes, sir.
MR. LALLY: So that's why you're looking over in that area of the house, correct?
MR. NAGEL: Correct.
MR. LALLY: And the woman that you see in the driver's seat of the vehicle — could you see her lips moving as if she was talking or anything like that?
MR. NAGEL: No, I wasn't really paying attention to that.
MR. LALLY: And what if anything did you observe her doing, or how would she —
MR. NAGEL: Seemed like she was looking straight ahead with her hands at 10 and 2 on the steering wheel.
MR. LALLY: Now as far as — what if anything else did you see, or who if anyone else did you see within the interior of the vehicle?
MR. NAGEL: I only saw one person at the time. I wasn't really looking — it just happened to be a glance as we drove by.
MR. LALLY: And so your head's already turned in that direction looking to see your sister get inside the house, correct?
MR. NAGEL: Correct, sir, yes.
MR. LALLY: And so as you're going by and you make these observations of this woman in the front seat of the vehicle, what if any movement did you make with your body or your head so as to look in?
MR. NAGEL: I just turned my head as we were driving by to watch Julie go in, and then turned straight ahead.
MR. LALLY: So it's not as if you were peeking forward or going back to get a better view inside the vehicle?
MR. NAGEL: No, sir.
MR. LALLY: Now during the time that you were outside of the house, did you hear any noises or see or hear anything coming from that vehicle in front of you?
MR. NAGEL: No, sir, I did not.
MR. LALLY: And as far as within your own vehicle, when Julie comes out, what if anything did you or Ricky do with regard to the radio?
MR. NAGEL: Turn the music down. We had music playing.
MR. LALLY: Had music playing as you pull up, turn it down when Julie comes out to talk, correct?
MR. NAGEL: Yes.
MR. LALLY: And at the time that you're pulling away from the curb, had you or anybody turned the radio back up?
MR. NAGEL: Not that I remember, sir.
MR. LALLY: Now with reference to when Julie comes out and you open the door so that you can talk to her, is that correct?
MR. NAGEL: Yes, sir, yes.
MR. LALLY: And did you open just the front passenger door or the back door or both?
MR. NAGEL: I opened my passenger door, that was it.
MR. LALLY: And you were expecting her to essentially get in at that point, is that fair?
MR. NAGEL: Correct, sir, yes, I was.
MR. LALLY: Now when you opened the door to the pickup truck — passenger side door — what if anything happened with the dome light inside the truck?
MR. NAGEL: It went on.
MR. LALLY: Now after you go past the dark SUV, where did you go from there?
MR. NAGEL: To my house, sir.
MR. LALLY: And as far as your house, who if anyone gets dropped off there in addition to yourself?
MR. NAGEL: Just me and Heather.
MR. LALLY: And Ricky then leaves from there, is that correct?
MR. NAGEL: Yes, sir.
MR. LALLY: And from that road on Fairview to your house, about how long a ride is that?
MR. NAGEL: Five minutes.
MR. LALLY: When you left the roadway on Fairview, the vehicle that you had seen — after it initially pulled up an additional car and a half or so — when you left, was it in the same position after its movement that you observed?
MR. NAGEL: Yes.
MR. LALLY: Your Honor, with the Court's permission, I would just ask to publish a couple of photos for use with this witness.
JUDGE CANNONE: Okay.
MR. LALLY: [unintelligible], if I could have exhibit number 71. So, Mr. Nagel, up on the screen — do you recognize what is depicted in that photograph?
MR. NAGEL: Yes, I do, sir.
MR. LALLY: What do you recognize?
MR. NAGEL: Say that again?
MR. LALLY: What do you recognize?
MR. NAGEL: It's the Alberts' house.
MR. LALLY: And is that a fair and accurate portrayal of what the house looked like the night — the early morning — that you were there?
MR. NAGEL: Looks like there was more snow in this photograph than when I came.
MR. LALLY: When you came there, correct?
MR. NAGEL: Yes, sir.
MR. LALLY: Now with reference to Ricky in the truck — if you could, using that laser pointer — you see that area of the street in front of the house where Ricky parked the truck?
MR. NAGEL: I do, sir, right about there.
MR. LALLY: And, Miss Gilman, if I could have the next — exhibit number 72. Now the area that you were describing when you first pull up to the house and — — dark SUV is in front of you — you see that area within this photo?
MR. NAGEL: Yes, I do, sir.
MR. LALLY: If you could, using the laser pointer, direct the jury's attention — to this area — if I could have the next photograph — next exhibit, excuse me — number 73. Again, what's up on the screen — do you recognize what's in that photograph?
MR. NAGEL: Yes, I do, sir.
MR. LALLY: And within this photograph, you see that sort of secondary position where the vehicle moves up, and where you see it in that secondary position?
MR. NAGEL: Yes.
MR. LALLY: And again, if you could, using the laser pointer, direct the jury's attention to where — in the photograph — and from that side of the yard, any sort of landmarks or anything else that you observe sort of in the —
MR. NAGEL: — area where that vehicle pulled up to in that secondary position. I know there's a flagpole there, and there I believe it's an electrical box along with bushes.
MR. LALLY: The flagpole — you observe that in this picture as well?
MR. NAGEL: Yes, sir.
MR. LALLY: Thank you. Miss Gilman, you can take that. I have — at this moment, yes — no further questions for this witness.
JUDGE CANNONE: Okay. Okay, cross-examination.
MR. JACKSON: Good morning, Mr. Nagel.
MR. NAGEL: Good morning.
MR. JACKSON: Couple of questions for you. Since January 29th, have you been contacted by anybody from either the Albert family or the McCabe family about the circumstances of January 29th, 2022?
MR. NAGEL: No, I have not, sir.
MR. JACKSON: Have you been contacted by any other — — person other than the Albert family or the McCabe family since January 29th, 2022, about your testimony or your statements?
MR. NAGEL: About my statements? No, but I mean, me and Ricky are best friends, and obviously it's things that we've brought up in the past.
MR. JACKSON: Yes. I didn't mean to speak over you. So you and Ricky — and how do I pronounce his last name?
MR. NAGEL: D'Antuono.
MR. JACKSON: D'Antuono. You and Mr. D'Antuono had obviously discussed the circumstances of that night?
MR. NAGEL: Yes, sir, and what happened.
MR. JACKSON: Yes. Did that change your testimony in any way?
MR. NAGEL: No, sir. No, it did not.
MR. JACKSON: You were interviewed by a Massachusetts state trooper on or about February 7th, 2022 —
MR. NAGEL: Correct. Sounds about right, yes.
MR. JACKSON: Do you remember which state trooper that was?
MR. NAGEL: Not off the top of my head, no.
MR. JACKSON: His name — Michael Proctor — sound right?
MR. NAGEL: No, sir. I don't think — I don't think so.
MR. JACKSON: You don't believe it was Michael Proctor?
MR. NAGEL: I'm not 100% sure. No, I'm not sure.
MR. JACKSON: Do you remember — the state trooper that did interview you had a partner named Yuri Bukhenik?
MR. NAGEL: Yes, that sounds — that sounds familiar, yes.
MR. JACKSON: During that interview, you told — and I'm just going to call him "the trooper" since you don't remember his name — the trooper and Yuri Bukhenik that there were two other people in the car when you approached 34 Fairview —
MR. NAGEL: Say that again?
MR. JACKSON: You told those two Troopers that there were two other people in the car with you.
MR. NAGEL: Ricky D'Antuono? Yes. Yes, in my vehicle. Yes, sir.
MR. JACKSON: Okay. So they were well aware of the identity of Ricky D'Antuono and Heather Maxon at the time — correct — as early as February 7th, 2022?
MR. NAGEL: Yes.
MR. JACKSON: I want to talk for a second about your approach to Fairview Road. You were coming along Cedarcrest — correct?
MR. NAGEL: Correct.
MR. JACKSON: You would have been going westish — I know it's a curved road — sort of west, if Fairview goes north and south?
MR. NAGEL: Yeah, okay, yes.
MR. JACKSON: You would have been going west and then turning south onto Fairview?
MR. NAGEL: Correct. Correct, yes.
MR. JACKSON: You indicated that the SUV — the dark SUV — beat your car to the intersection, is that right?
MR. NAGEL: Correct, sir.
MR. JACKSON: And because the car was ahead of you, Ricky flashed his lights as a courtesy — to say "you've got the —"
MR. NAGEL: Correct, sir.
MR. JACKSON: — because both of you were approaching the intersection but the SUV was closer?
MR. NAGEL: Correct, sir.
MR. JACKSON: You pulled up to Fairview and stopped relatively close to the driveway, as you've indicated to the jurors?
MR. NAGEL: Correct. Correct, sir.
MR. JACKSON: And your car was as much as three car lengths behind that SUV — do you recall that?
MR. NAGEL: When we arrived, yes — I would say a car length and a half at the time.
MR. JACKSON: Okay. Do you recall — — being interviewed on or about May 11th, 2023, by individuals not associated with the Commonwealth?
MR. NAGEL: A gentleman came to my door, but I did not speak to him.
MR. JACKSON: Will this refresh your recollection? Do you remember talking in May of 2023 with anybody about this case?
MR. NAGEL: I don't know. 2023 — may have been the feds.
MR. JACKSON: Okay, let's — I'm trying — listen to my question.
MR. NAGEL: No, I understand.
MR. JACKSON: Were you talked to by anybody? Just tell me — yes or no.
MR. NAGEL: Yes, I believe so.
MR. JACKSON: Okay. You think it would refresh your recollection as to when that interview took place if you saw a report?
MR. NAGEL: Yes, sure.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
MR. JACKSON: There's a date right up top and then a highlighted portion at the bottom. If you wouldn't mind taking a glance at that and then look up to me when you're finished reviewing that.
MR. NAGEL: Okay.
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes. Thank you. Did you show Mr. — what you showed the —?
MR. JACKSON: Does this refresh your recollection, sir — that you indicated in that interview — just two parts — does it refresh your recollection?
MR. NAGEL: Understood.
MR. JACKSON: Does that refresh your recollection about what you may have said?
MR. NAGEL: Yes.
MR. JACKSON: So there was an interview in May of 2023?
MR. NAGEL: Yes.
MR. JACKSON: And you did indicate some distance that you were behind the SUV in that interview?
MR. NAGEL: Yes. Well, at the beginning it was only a car length and a half, and then probably at the end — by the time we left — it was about three car lengths.
MR. JACKSON: Okay, fair enough. So at the end it was as much as 20 to 50 feet ahead — give or take?
MR. NAGEL: Yes.
MR. JACKSON: Okay. So 50 feet — obviously further than the length of this — — courtroom?
MR. NAGEL: Correct.
MR. JACKSON: All right. So at a time when you were in the truck, still stationary, that SUV had pulled ahead of you at least three car lengths?
MR. NAGEL: Correct.
MR. JACKSON: And by the end?
MR. NAGEL: Yes.
MR. JACKSON: Okay. You've already indicated, but I want to make sure I'm clear about this — did any car pull in between Ricky's truck and the SUV when you were sitting behind the SUV?
MR. NAGEL: No, sir.
MR. JACKSON: You didn't see a Jeep?
MR. NAGEL: No, sir.
MR. JACKSON: With a big old snowplow on the front of it?
MR. NAGEL: No, sir, I did not.
MR. JACKSON: That car was never between your car and the SUV, was it?
MR. NAGEL: I never saw any other vehicle in between us.
MR. JACKSON: All right, fair enough. When you got to the location, you indicated that you had texted your sister that you were arriving — correct?
MR. NAGEL: Yes, sir.
MR. JACKSON: How long before she came out the door to meet you at the car?
MR. NAGEL: Since I sent the text, you mean?
MR. JACKSON: Correct.
MR. NAGEL: Two minutes. Because we were coming down Cedarcrest and I texted, "We're almost there," and then once you're on Cedarcrest it's just a few seconds to drive up to the driveway.
MR. JACKSON: Correct.
MR. NAGEL: Yes.
MR. JACKSON: Did she text you back?
MR. NAGEL: I don't remember.
MR. JACKSON: You had your phone out?
MR. NAGEL: Yes. It was in — I'm guessing it was in your lap or in your hand, I would assume.
MR. JACKSON: Yes. Okay. So for a period of time while you were inside the cab of the truck as you were pulling up, you were monitoring your phone to determine whether or not — — she was going to text you back, step out of the house, whatever?
MR. NAGEL: Yes.
MR. JACKSON: Finally, your sister did come out the front door — is that right?
MR. NAGEL: Correct, sir.
MR. JACKSON: And when she came out the front door you were looking — sort of toward the right. Now, when you say "front door" — like, there are two doors to the house?
MR. NAGEL: That's a good point.
MR. JACKSON: There's a — let's call it a "front door," which is the classic front door, and then a side door?
MR. NAGEL: Correct, sir. Yes.
MR. JACKSON: Which door did she come out?
MR. NAGEL: The side door next to the garage.
MR. JACKSON: Okay. So that would have been close to 90° from where you were seated — you would have been looking to your right?
MR. NAGEL: Yeah, not necessarily looking straight ahead.
MR. JACKSON: Correct. All right. So for that period of time as you're looking to your right, you see her come out the side door?
MR. NAGEL: Yes, sir.
MR. JACKSON: And you watch her approach down the driveway?
MR. NAGEL: Correct.
MR. JACKSON: So at this point you don't know what's happening with the truck in front of you — in those moments?
MR. NAGEL: No, I wasn't really paying attention to that at the time.
MR. JACKSON: Okay. You indicated — you said on direct examination that you believe that once she was out and at the truck, that she was there for 30 or 40 seconds?
MR. NAGEL: Correct, sir.
MR. JACKSON: Do you remember actually testifying at a previous hearing in May of 2022 that it was more than 5 minutes that she was out by the truck?
MR. NAGEL: It was — — not 5 minutes. I'm saying the whole time that I was there, probably between 2 to 3.
MR. JACKSON: Great. Do you remember being asked how long — if you know — were you talking with Julie out in front of the house, and you indicating a little over five minutes?
MR. NAGEL: I would say — I mean, if you've got it, sure. I mean, yes, whatever you guys have. I'm sorry — tell me what page it is or something.
MR. JACKSON: Have that back?
MR. NAGEL: Yes, sir. Yep.
MR. JACKSON: Thank you. Just take a look at that highlighted portion and look up when you're finished.
MR. NAGEL: reviews document
MR. JACKSON: May I approach?
JUDGE CANNONE: Yes.
MR. JACKSON: Thank you. Mr. Nagel, does that refresh your recollection?
MR. NAGEL: Seemed that — yes.
MR. JACKSON: Okay. And is it in fact — was it your testimony that back in May of 2022, much closer to the event in question, you indicated under oath that you were actually talking for closer to 5 minutes?
MR. NAGEL: The whole thing? Probably, yeah.
MR. JACKSON: Okay. You indicated that you opened up the truck door — is that right?
MR. NAGEL: I opened up my passenger door. Correct.
MR. JACKSON: So that doesn't — does that — you know, F-150 — does that automatically open up the suicide door as —
MR. NAGEL: No, it does not. There's a handle — okay — on the inside of —
MR. JACKSON: ...the door to open. So it was just the passenger door that was open?
MR. NAGEL: Correct, sir.
MR. JACKSON: Got it. And your sister Julie would have been standing in the crook of that door?
MR. NAGEL: Correct. Yes.
MR. JACKSON: So the door would sort of obstruct something to her right, or toward the front of the truck?
MR. NAGEL: Correct. That would be the door, right.
MR. JACKSON: How tall is the truck? Is it lifted?
MR. NAGEL: It was, yes.
MR. JACKSON: Okay, so that door is probably up above eye level.
MR. NAGEL: It wasn't that high. No.
MR. JACKSON: Okay. You indicated that while she was out there you turned the music down so you could have a conversation with her?
MR. NAGEL: Correct.
MR. JACKSON: You talked about whether or not she wanted to come in the truck and leave?
MR. NAGEL: Say it again.
MR. JACKSON: You talked about whether or not she wanted to get in the truck and leave?
MR. NAGEL: I asked if she was coming. Yes.
MR. JACKSON: You also talked about whether or not you would come in the house and stay?
MR. NAGEL: Asked that? Yes.
MR. JACKSON: Okay, so there was a conversation back and forth about either you staying at 34 Fairview or her leaving 34 Fairview and getting in the car?
MR. NAGEL: Correct, sir.
MR. JACKSON: There was also a conversation about whether or not you guys needed to give her a ride then, or if she could get a ride on her own after you guys left, if she wanted to stay?
MR. NAGEL: Correct, sir. Yes.
MR. JACKSON: And part of that conversation included even talking about whether or not maybe her mom — your mom — would come get her after you guys left?
MR. NAGEL: I would assume. Maybe. I don't know, two years ago, right?
MR. JACKSON: Understood. But it's safe to say that there was a dialogue back and forth, during which time you're engaged with your sister — to your right, she's engaged with you — looking straight ahead in the crook of the door when it's freezing cold out?
MR. NAGEL: Correct.
MR. JACKSON: All right. And during this time your attention is focused on your sister?
MR. NAGEL: Obviously. Yes.
MR. JACKSON: At some point she did decide to stay?
MR. NAGEL: Yep.
MR. JACKSON: And at that point she then left the crook of the door. You would shut the door — I'm guessing you shut the door?
MR. NAGEL: Yes.
MR. JACKSON: Sir. And then Ricky figured out, okay, we're going to get out of here and she's not coming with us?
MR. NAGEL: Correct.
MR. JACKSON: Did you wait long enough to see her go inside the house?
MR. NAGEL: Just gradually pulling away and watched her walk in the house.
MR. JACKSON: Okay. And that answers my next question — when you pulled away you didn't speed away?
MR. NAGEL: Correct, sir.
MR. JACKSON: Gradually, slowly pulled away and out and around the SUV that was in front of you?
MR. NAGEL: Correct, sir. Yes.
MR. JACKSON: So you all made up the distance at that point. After you had this maybe five-minute conversation with your sister, you made up the distance and got up to the SUV that was in front?
MR. NAGEL: Yes.
MR. JACKSON: All the tail lights — all the tail lights were intact?
MR. NAGEL: To my acknowledgment. Yes. I mean, as you sit here — I mean, I'm not there to, you know, look at a car and be, oh, is there any damage on a vehicle? It's 12:30 at night, obviously I had a few drinks, I'm not looking for that. I just noticed that the brake lights were on.
MR. JACKSON: Right. But the point is, as you sat there — and you testified about this before — you noticed no damage on any of the tail lights?
MR. NAGEL: Not to my acknowledgment. No.
MR. JACKSON: Okay. There's three tail lights — one to the left, one to the right, and one center top?
MR. NAGEL: Correct, sir.
MR. JACKSON: And you didn't notice anything out of the ordinary with regard to the rear of that truck?
MR. NAGEL: No. Like I said, it was dark.
MR. JACKSON: Okay. At any point did you see that SUV in front of you drive up 50 or 60 feet, slam into reverse, and then drive backward?
MR. NAGEL: No.
MR. JACKSON: Okay. At any point did you see that SUV reverse and hit a pedestrian?
JUDGE CANNONE: Jackson, I'll allow that.
MR. JACKSON: You didn't see that, right?
MR. NAGEL: No.
MR. JACKSON: At no point did you see a person laying on the lawn?
MR. NAGEL: No, but I also wasn't looking.
MR. JACKSON: But you didn't see it?
MR. NAGEL: No.
MR. JACKSON: And you did see the truck in front of you — the SUV?
MR. NAGEL: Yes. Sorry, the SUV in front of you.
MR. JACKSON: Correct. All right. You didn't see a person standing or lying on the ground anywhere around that SUV, did you?
MR. NAGEL: No.
MR. JACKSON: And it's not just that you didn't see that SUV hit a pedestrian — that did not happen while you were sitting there, did it?
JUDGE CANNONE: You can go ahead and answer that.
MR. NAGEL: No, I did not.
MR. JACKSON: After you drove away — or drove up slowly in order to drive away — you were the passenger closest to the SUV as you would be passing?
MR. NAGEL: Correct, sir. Yes.
MR. JACKSON: You looked out the right window of that F-150?
MR. NAGEL: Correct.
MR. JACKSON: And you could actually see inside the SUV as it sat there idling?
MR. NAGEL: Correct.
MR. JACKSON: That's because the dome light was on, isn't that right?
MR. NAGEL: Correct, sir.
MR. JACKSON: And you noticed that the dome light was on inside because you could clearly see what was happening inside that SUV at that time as you passed by?
MR. NAGEL: I wasn't directly looking inside. I was making sure my sister got in the house.
MR. JACKSON: Okay, right. But you did look inside that SUV as you passed by?
MR. NAGEL: Yes.
MR. JACKSON: And you saw one person?
MR. NAGEL: That's all I saw at the time. Yes.
MR. JACKSON: Female with long hair?
MR. NAGEL: Correct.
MR. JACKSON: And you did not see anybody else inside that SUV?
MR. NAGEL: No, to my acknowledgment.
MR. JACKSON: As a matter of fact, you were asked that in prior testimony and you indicated in response to that basic question, no, she was alone.
MR. NAGEL: Correct, correct, sir. Yes.
MR. JACKSON: Thank you. Just to be clear, sir, she was alone as far as you could see?
MR. NAGEL: Correct, sir. Yes.
MR. JACKSON: Okay, nothing further.
JUDGE CANNONE: You are all set, Mr. Nagel. Thank you very much.
PARENTHETICAL: [recess]