REPORT OF FORENSIC PSYCHIATRIC RECORD REVIEW THE PEOPLE OF THE STATE OF COLORADO ve BRUCO EASTWOOD (JANUARY 28, 2011)BRUCO EASTWOOD REPORT OF FORENSIC PSYCHIATRIC RECORD REVIEW TABLE OF CONTENTS SUBJECT HEADINGS PAGE NO. IDENTIFYING INFORMATION ......0-00ee eee ee en eneee wel SOURCES OF INFORMATION .. wee 4 QUALIFICATIONS OF EXAMINER ... 2. esse eeeeneeeee oe 15 DEFENDANT’S PSYCHOSOCIAL HISTORY . ISSUE RE: ARREST FOR FELONY MENACING ........+++++ 16 STATE’S VERSION OF THE OFFENSE .. DEFENDANT'S VERSION OF THE OFFENSE ..........00005 23 As provided to the Jefferson County Sheriff Investigators .. 23 Issue Re: Defendant's Inquiry About Victims ........ 23 Issue Re: Substance Use Prior to the Commission of the Instant Offense .......se00e Issue Re: Defendant's Conduct During the Hours Leading up to the Instant Offense - PartI....... 24 Issue Re: Defendant's Conduct During the Hours Leading up to the Instant Offense - Part II ...... 36 Issue Re: Defendant's Conduct During the Hours Leading up to the Instant Offense - Part III ..... 59 Issue Re: Defendant's Motivation to Perpetrate the Instant Offense - PartI ..... ++. 28BRUCO EASTWOOD REPORT OF FORENSIC PSYCHIATRIC RECORD REVIEW TABLE OF CONTENTS (Cont'd.) SUBJECT HEADINGS PAGE Issue Re: Defendant's Motivation to Perpetrate the Instant Offense — Part IT .....eee eee e eee ees 64 Issue Re: Defendant's Motivation to Perpetrate the Instant Offense — Part III . «+ 67 Issue Re: Defendant's Conduct at Deer Creek Middle School - Part] .. cece cece eect eee eee enee .33 Issue Re: Defendant's Conduct at Deer Creek Middle School — Part II ....+.+- wee eec cnet een neeee OD Issue Re: Defendant’s Conduct at Deer Creek Middle School — Part IIT ...- cece eee eee eee eee wes 46 Issue Re: Weapon Used During the Instant Offense — PartI. . . wee eee we 45 Issue Re: Weapon Used During § the Instant Offense - Part II .....2.00ee ween anette eee eeee 62 Issue Re: Defendant's Appreciation of Wrongfulness - Part .... sees eer wee 5B Issue Re: Defendant's Appreci in of Wrongfulness - Issue Re: Defendant's Appreciation of Wrongfulness ~ Part III . Ea tuealsen pede daeeeensens 64 Issue Re: Defendant's Appreciation of Wrongfulness — PartIV oe cece cect eee eect eee eete tenes 65BRUCO EASTWOOD REPORT OF FORENSIC PSYCHIATRIC RECORD REVIEW TABLE OF CONTENTS (Cont'd.) SUBJECT HEADINGS PAGE NO. Issue Re: Defendant's Assessment of His Conduct - Part Licceccececeeceeeceeeeeteeeaeeeeetees 68 Issue Re: Defendant's Assessment of His Conduct - Part IL 2. ..c erent eens seeeeee 70 Issue Re: Defendant's Version of the Events That Transpired on February 23, 2010 ...-+-seeereee 71 COLLATERAL INTERVIEWS ... 2.002 eee erent renee eres 79 ISSUE RE: JEFFERSON COUNTY SHERIFF VEHICLE AT DEER CREEK MIDDLE SCHOOL PRIOR TO THE COMMISSIO! OF THE INSTANT OFFENSE .....+.-+00* peweee 8S ISSUE OF DIAGNOSIS/FORENSIC OPINIONS ......++++++ 85 Issue of Diagnosis ....-.0.eeeer cree ee ete terete BS Issue of Forensic Opinion(s) ....-+.s++eeeeeeee ees OL Issue Re: Whether Or Not Bruco Eastwood Was Incapable Of Distinguishing Right From Wrong .esceecet eee erteett eee et eee s 8 Issue Re: Whether Or Not Bruco Eastwood Was Unable To Form A Culpable Mental State That Is An Essential Element Of A Crime Charged . see te cette ee eee ee es 100 iii480-261-1638 490-28 January 28, 2011 VIA OVERNIGHT DELIVERY Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney c/o Office of the District Attorney First Judicial District, Jefferson and Gilpin Counties 500 Jefferson County Parkway Golden, Colorado 80401-6020 Re: The People of the State of Colorado v. Bruco Eastwood (Case No. 10CR106) Dear Counselors: Pursuant to your request, I recently conducted a record review as it pertained to the above captioned matter. IDENTIFYING INFORMATION: Bruco Eastwood is a 33 year-old, never married, White male charged with Criminal Attempt Murder in the First Degree (four counts); Assault in the First Degree (four counts); Child Abuse Resulting in Serious Bodily Injury, (two counts); and Unlawful Possession of a Weapon on School Grounds (one count). Given your familiarity with the events surrounding the instant offense, I will forego a detailed review of this information. Suffice it to say, FORENSIC PSYCHIATRY FORENSIC PSYCHOLOGY FORENSIC NEUROPSYCHOLOGY _ Stowen EP Erin. Spiers, yD. John. DaQuardo, M STEVEN PITT & ASSOCIATES FORENSIC AND GENERAL PSYCHIATRYScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 2 according to the synopsis authored by Jefferson County Sheriff Investigator Richard Creswell Gove:* On February 23, 2010, at approximately 3:15 p.m., Jefferson County Sheriff's Office (JCSO) Deputies Frederick Lang and Jerry Warren were dispatched to a call of a shooting at Deer Creek Middle School, 9201 West Columbine Drive, County of Jefferson, State of Colorado. According to information being aired by JCSO dispatch, a teacher had the suspect in custody. ..As Deputy Lang approached the front (west side) of the school, he saw that there were two staff members holding down a white male. The white male was wearing a black jacket and was later identified as Bruco Strong Eagle Eastwood (DOB/1-21-78). Deputy Lang took Eastwood into custody and placed him in handcuffs... Eastwood was later transported to the Jefferson County Sheriff’s Office Investigation Division for an interview.” Within approximately 48 hours of his arrest, the Defendant was evaluated by Forensic Psychiatrist, Karen Fukutaki, M.D.. In her report, dated June 8, 2010 (Exhibit "B”), Dr. Fukutaki concluded that Bruco Eastwood: * “Is currently competent to proceed.” . “Was so diseased or defective in mind at the time of the commission of the alleged acts as to be incapable of * (Bates Nos. 00001 ~ 000017) 2 ‘The Defendant's interview was videotaped. A transcript of his interview is attached as an exhibit to this report. (exhiie"a)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 3 distinguishing right from wrong with respect to those acts.” . “Did not suffer from a mental disease or defect that prevented him from forming a culpable mental state that is an essential element of the crimes charged.” . “Was legally insane at the time of the commission of the alleged acts.” « “...Was legally insane at the time of the commission of the alleged acts.” On September 3, 2010 and September 27, 2010, Dr. Richard Martinez evaluated Mr. Eastwood at the Colorado Mental Health Institute at Pueblo. In his report dated October 4, 2010 (Exhibit "C”), Dr. Martinez concluded that: « “Mr. Eastwood, on February 23, 2010, was suffering severe psychotic symptoms of mental disease involving perceptual and thinking distortions. Mr. Bruco Eastwood was so diseased in mind at the time of the commission of the alleged acts as to be incapable of distinguishing the wrongfulness of his actions.” * “Mr. Eastwood, on February 23, 2010, was suffering severe psychotic symptoms of mental disease involving perceptual and thinking distortions that prevented him from forming the culpable mental state for the alleged crimes.” * “Mr. Bruco ‘Strong Eagle’ Eastwood suffered symptoms of a mental disease or condition that left him unable toScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 4 appreciate the wrongfulness of his actions, and prevented him from forming the culpable mental state for the alleged crimes on February 23, 2010. (Emphasis in original) Mr. Ea: ood was legally insane at the time of the Deer Creek shooting and wounding of two student: Febru: 23, 2010." The instant report was requested in order to provide you with my opinion regarding Bruco Eastwood's diagnosis and mental state at the time of the offense. SOURCES OF INFORMATION: 1. Correspondence from Cynthia A. Baldwin, Paralegal, Office of the District Attorney, First Judicial District, Jefferson and Gilpin Counties, to Steven E. Pitt, D.O., dated April 30, 2010, 2 pages, not including enclosures; Correspondence from Cynthia A. Baldwin, Paralegal, Office of the District Attorney, First Judicial District, Jefferson and Gilpin Counties, to Steven E. Pitt, D.O., dated July 14, 2010, 1 page, not including enclosures; Correspondence from Cynthia A. Baldwin, Paralegal, Office of the District Attorney, First Judicial District, Jefferson and Gilpin Counties, to Steven E. Pitt, D.O., dated August 3, 2010, 1 page, not including enclosures; Correspondence from Cynthia A. Baldwin, Paralegal, Office of the District Attorney, First Judicial District, Jefferson & Gilpin Counties, to Steven E. Pitt, D.O., dated November 3, 2010, 1 page, not including enclosures;Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 5 5. Records from the Jefferson County Sheriff’s Office - Case No. 10- 5734: a. Filing (000001-20; 001825-1828); b. 911 Dispatch (002096-2121); c. Patrol Reports (000072-168); d. Scene Logs (000169-182); e. Authorization for Protected Health Information, Physician’s Statement and Victim-Witness Restitution Affidavit of Loss Re: Reagan Weber (001829-1831) (002025-2028); f. Authorizations for Protected Health Information, Physician's Statement, Victim-Witness Restitution Affidavit of Loss, Littleton Hospital Records and Children’s Hospital Records Re: Matthew Thieu (001832-1835) (002807-2810) (002251- 2289); g. Waiver of Rights, State of Colorado CCH Record(s), Department of Motor Vehicles Records, Public Records Search(s), Law Enforcement Report, Colorado State Court Government Agency Access Service Report, NCIC Criminal Background/History Report - Colorado Bureau of Investigation Records Re: Bruco Strong Eagle Eastwood (001836-1837, 1839-1892) (000247-290) (000022-46); h. — School Records Re: Bruco Eastwood (000309-316); i. Other Agency Reports Re: Bruco Eastwood:Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 6 i. Greely/Weld County (000317-381) (00425-426) (001905-1906); ii. Littleton Police Department (000382-388); iii, Thornton Police Department (000389-391) (001894- 1897); iv. Federal Heights Police Department (000396-410) (01898-1904) (00417-421); v. Douglas County Sheriff's Office (000422-424); Criminal Background Records Re: Bruce Warren War Eagle Eastwood (002216-2225); Case Report Attachments - Evidence (00429-436); Case Report Attachments - Warrants (00438-472, 473) (001908); Forensics/Criminalists Reports (474-483); Jefferson County Public Schools - Rosters (000484-637); Investigator Thomas Acierno (000638-646); Investigator Teresa Aguilar (000647-660); Investigator Brian Bah! (000661-666); Investigator Karen Bliss (000688-700);Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 7 s. aa. bb. cc. dd. ee. gg. Investigator Todd Bliss (000701-702); Investigator Gary Burger (000703-707); Investigator Robert Byerly (000708-709); Investigator Christian Byrne (000710-715); Investigator Paul Clark (000716-718); Investigator Kimberly Collyer (00719-728) (003135-3140) (02015-2020); Investigator Curtice Condreay (000730-748); Investigator Kevin Donahue (000749-755); Investigator Juan Esqueda (000756-762); Investigator David Wayne Farley (000764-775); Investigator Richard Gove (000776-778) (002081-2095, 002226); Investigator John Healy (000779); Investigator Kathleen Ireland (000780-781) (001916-1917) (002227-2234); Investigator Joseph Maguire (000784-786)(002953-2954); Investigator John McFadden (000787-790);Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 8 hh. nn. 00. pp. aq. ss. uu. w. Investigator Cheryl Moore (002821-2823); Investigator Terri Naes (000791-813); Investigator Stephen Nelson (000814-815); Investigator Joseph Obechina (000816-817); Investigator Michalene Parreco (000818-825); Investigator Amy Perasso (02003-2014) (002854-2872); Investigator Kristi Pickett (000826-828, 830, 832-837) (001919-1920) (002888-2892); Investigator Donald Roach (000838-843); Investigator Patrick Schreiner (000844-0870); Investigator Susan Scohy (000871-941); Investigator Timothy Stegink (00943-945) (001921); Investigator Teresa Tswerda (000947-953); Investigator Shelley Timmons (000954-958); Support Services Reports (000959-966); Detention Reports (000967-974); Other Agency Reports Re: February 23, 2010;Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 9 vi. vii. Adams County Sheriff’s Office (000977-978) (001922- 1923); U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (000981-001003); Arvada Police Department (001004-1007) (001924); Federal Bureau of Investigation (001925); Lakewood Police Department (001926-1262) (002316- 2318); Littleton Police Department (01076-1138); Westminster Police Department (001139-1141); xx, Written Statements (001142, 001988-1989) (002319-2363); yy. Additional Supplement Reports/Discovery (002818-5282) (005387-5385) (05396-5407); 6. Records Re: Bruco Eastwood’s 2005 participation NASA-funded sleep study: a. — Rocky Mountain News Article, dated May 6, 2005, Re: Bruco Eastwood's participation in NASA funded study at University of Colorado (05283-5284); b. Subpoena to Testify, served on University of Colorado, Re: Bruco Eastwood’s participation in NASA funded study (005287);Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 10 10. ¢. University of Colorado Bio-Serve Psychological Screening, Psychological testing results and Bedrest study Screening Questionnaire (006184-6208); Records from Porter Adventist Hospital (005289, 5292, 5294- 95,5300-1, 5303-6, 5308, 5310, 5314-5, 5319-20, 5322-23, 5326- 27, 5329, 5331-34, 5336, 5340, 5342-46, 5349-50, 5352-54, 5356, 5358-65, 5367-71, 5373-75, 5377, 5379, 5381-86, 005822- 5929); Corrections Narrative and Correspondence (005408-11, 5413-19, 5421-28, 5430-31, 5434); Report of Competency and Sanity Evaluation completed by Karen V. Fukutaki, M.D., dated June 8, 2010 (005571-5596) (Exhibit “BY; Records from the Colorado Department of Human Services, Colorado Mental Health Institute at Pueblo: a. Sanity Examination completed by Richard Martinez, M.D., M.H., dated October 4, 2010 (Exhibit "C”); b. Records of CMHIP Psychiatric Admission (005931-6183) (005684-5690); C Jefferson County Detention Center, Correctional HealthCare (005601- 005657); d. Records from Littleton Adventist Hospital (005749-5821); e. Records from the Office of the State Public Defender: i. Interview with War Eagle Eastwood (005734-5748);Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 11 11. 12. 13. li. Interview with Dr. Kevin Merrell (005569-5570); Records from the Jefferson County District Attorney's Office, including Affidavit of Steven E. Pitt, D.O., and CV's of Steven E. Pitt, D.O.; Dale Higashi; Jill S. Hayes, Ph.| rin M. Nelson, Psy.D.; and Richard Peter Martinez, M.D. (005485-5568); Journals/Writings authored by Bruco Strong Eagle Eastwood (incl 001504-1506, 1508-1653 and 002654-2655); Dvp(S): a. Interview; b. JCSD 10-5734, Crime Scene Video, 3/12/10; Cc JCSD 10-5734, Photos, 3/12/10 d. 10-5734, Dick’s Sporting Goods Video 1; e, 10-5734, Dick’s Sporting Goods Video 2; f. McDonald’s AVI Plug in/Code C; g. McDonald’s Cam 1; h. McDonald's Cam 3; i. McDonald’s Cam 9; and j. Safeway, Cams 5, 6, 8, 9, 10.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 12 14. On Wednesday, January 12, 2011, I interviewed the following collateral sources of information: a, War Eagle Eastwood (Exhibit “D-1"); b. Vanessa Donahue (Exhibit “D-2"); c Jeffrey Barnes (Exhibit “D-3"); d, Steven Belecky (Exhibit "D-4"); e. Michaela McDonough (Exhibit “D-5"); f. Jefferson County Sheriff Investigator, Richard Gove (Exhibit “D-6"); g. Jefferson County Sheriff Criminalist, James Jennings (Exhibit “D-7"); he Jefferson County Sheriff Investigator, Derek Gibson (Exhibit "D-8"); i. Jefferson County Sheriff Deputy, Frederick Lang (Exhibit “! 9"); j. Jefferson County Sheriff Deputy, James Taylor (Exhibit “D- 10"); k. Jefferson County Sheriff Deputy, Keith Polizzatto (Exhibit “D- 11"); |. Jefferson County Sheriff Deputy, Michelle Lucero (Exhibit "D- 12");Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 13 m. _ Jefferson County Sheriff Deputy, Craig Allen Nelson (Exhibit “D-13"); n. Jeffrey Ella (Exhibit "D-14"); 0. Jami Fisher (Exhibit “D-15"); p. Nina Bigelow (Parts I & II) (Exhibit "D-16"); 15. On Thursday, January 13, 2011, I interviewed the following collateral sources of information: a. Valentin Sautedo (Exhibit "D-17"); b. Rachel Eastwood (Exhibit "D-18"); c. Adriana Reyba (Exhibit "D-19"); d. Steven Potter (Exhibit "D-20"); e. Lisa Losasso (Exhibit "D-21"); f. Bolton Fourie (Exhibit "D-22"); g. Dr. David Benke (Exhibit "D-23"); h. Reagan Weber (Exhibit "D-24"); i, Mickie Kircher (Exhibit "D-25"); j. Brandon McDaniel (Exhibit "D-26"); k. Norman Hanne (Exhibit "D-27");Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 14 16. 17. 18. 19. 1. Kyle Sturbaum (Exhibit "D-28"); m. —Jeramie Osborne (Exhibit “D-29"); n Matthew Thieu (Exhibit "D-30"); Relevant Colorado Statutes Re: Criminal Attempt Murder in the First Degree; Assault in the First Degree, Child Abuse Resulting in Serious Bodily Injury, and Unlawful Possession of a Weapon on School Grounds; Documents prepared by the Office of the Jefferson and Gilpin County District Attorney’s office: i. Synopsis of Discovery by page, dated Friday, April 13, 2010, 48 pages; ji. Synopsis of Discovery by page, dated Wednesday, July 14, 2010, pages 2 through 112; ili, Witness list by page, dated Friday, April 30, 2010, 76 Pages; iv. Witness list by page, dated Wednesday, July 14, 2010, 196 pages; Supplemental Report prepared by Investigator K. Sagar, dated November 3, 2010, Jefferson County District Attorney's Office (006210 - 006244); Memorandum from Jefferson County Sheriff's Investigator Richard Gove to Alexis King, Jefferson County District Attorneys Office,Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 15 20. 21. 22. 23. 24. dated November 24, 2010, one page, not including attachments (006245); a. Supplemental report #686 (006246); b. Supplemental report #687 (006247 - 006248); Jefferson County Sheriff’s Office Supplemental Report #688, Re: CBI report on Gunshot Residue Analysis (006249 - 006253); Jefferson County Sheriff's Office Supplemental Report #689, Re: Activity logs for Deputy Polizzatto (006256 - 006268); On Wednesday, January 12, 2011, the Defendant's father, War Eagle Eastwood showed me his son’s bedroom.’ On Thursday, January 13, 2011, I visited the McDonald’s that the Defendant stopped at prior to committing the offense and also visited Deer Creek Middle School; Chronological Records Summary, prepared by Erin M. Nelson, Psy.D., dated December 6, 2010, 241 pages (Exhibit “F”); and Correspondence from Katherine Spangler, Deputy State Public Defender, to Steven E. Pitt, D.O., dated January 25, 2011, 2 pages, not including enclosures. QUALIFICATIONS OF EXAMINER: I have enclosed a copy of my curriculum vitae which outlines my qualifications to perform this examination. (Exhibit "G”) > Following his son’s arrest, Mr. Eastwood removed everything from the room. As a result, when T saw it, the room was empty.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 16 DEFENDANT’S PSYCHOSOCIAL HISTORY: As part of my record review, I reviewed information that included, but was not limited to, Bruco Eastwood's birth and developmental history, personal history, educational history, relationship history, substance use history, legal history, employment history, medical history, and psychiatric history. In addition, I reviewed Mr. Eastwood's journal writings. The aforementioned history has been memorialized in Drs. Fukutaki and Martinez’s reports and is consistent with the information that I reviewed. As such and with the exception of his 1996 arrest for felony menacing, I will not discuss this information in my report. ISSUE RE: ARREST FOR FELONY MENACING: On April 18, 1996, an officer from the Federal Heights Police Department arrested and charged Mr. Eastwood with Felony Menacing after he held a .22 caliber automatic weapon to Dustin Fishburn’s right temple and said, “If you ever take anything from me again or piss me off I'll kill you...”. (Bates No. 00398). Following his arrest for the instant offense, Mr. Eastwood talked with Jefferson County Sheriff Investigators Richard Gove and Derek Gibson about the 1996 incident (Exhibit “A”, Bates No. 006325): Q3: Okay. Have you ever threatened anybody with a rifle before? A: No. Well, yes, um, the second assault charge. Q3: Okay. AD Excuse me. I was in my house and we had a roommate who had just been welcoming himself to anything and everything in my house. I mean itScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 17 was like, you know, my belongings, my personal belongings, stuff that going through my room. One day I was in like cleaning out my gun and he walked in there and just like waltzed in and I was like - and he had stole my - he stole - matter of fact he stole a joint from me. Stole some and some money and stuff and then he kept borrowing CDs and my clothes. And then one day he just walks in like he did and I was like all right, dude. It’s like you got to - I pointed the gun at him and I said you got to leave my bedroom and don't come back or I’m going to shoot you in the head. He was like - I was like - I was like make my day law. I was like you cannot come in here and just welcome yourself. To me that was like breaking the law. Just welcome yourself - just walk in my room and just take. And then I got - I pleaded - I got - I got a plea bargain for a third degree assault because I didn’t know my rights then either. So I should have pleaded self-defense in the case at the Westminster Mall and I got disorderly conduct charges which is on my permanent background. And it was innocent. I was like self-defense, you know, it was like I’m defending myself here, you know. The guy hit me and he chase- and he hit me and he chased me around and then hit me with the soup can again and then I - then I had to defend myself with the knife, you know. I have every - and then - and then - and then with this gun, it was like you know it was a misunderstanding. It was like, yeah, you really got to get out of my bedroom. IScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 18 get arrested for - for for - for, uh, felony menacing. They plea bargained it and I got... STATE'S VERSION OF THE OFFENSE: According to the filing deputy, Jefferson County Sheriff Investigator Richard Creswell Gove (Bates Nos. 000001 - 000004): ...On February 23, 2010, at approximately 3:15 PM, Jefferson County Sheriff’s Office (JCSO) Deputies Frederick Lang and Jerry Warren were dispatched to a call of a shooting at Deer Creek Middle School, 9201 West Columbine Drive, County of Jefferson, State of Colorado. According to information being aired by JCSO Dispatch, a teacher had the suspect in custody at the school. Deputy Lang arrived on scene at about 3:17 PM and Deputy Warren arrived on scene at about 3:18 PM. As Deputy Lang approached the front (west side) of the school, he saw that there were two staff members holding down a white male. The white male was wearing a black jacket and was later identified as Bruco Strong Eagle Eastwood (DOB/1-21-78). Deputy Lang took Eastwood into custody and placed him in handcuffs. When he patted down Eastwood, he observed there were four live rounds of 30-06 caliber bullets in the right front pocket of his jacket. Deputy Lang secured Eastwood in his patrol vehicle. One of the teachers that had subdued Eastwood, later identified as David Benke (DOB/4-7-52), conducted a walk-by identification as Eastwood sat in Deputy Lang’s patrol vehicle. Benke positively identified Eastwood as being the suspect in this case.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 19 Eastwood was later transported to the Jefferson County Sheriff’s Office Investigations Division for an interview. Deputy Warren went to check the condition of an injured student outside the school. He observed the male student was bleeding from his right side. The student said he had been shot and told Deputy Warren he had heard two “booms.” He heard one “boom” and turned around to look towards the school where the sound seemed to have come from. He then heard another “boom” and felt pain in his side. The student described he then fell to the ground. A total of two juvenile victims, both students at Deer Creek Middle School, were located, including the male student Deputy Warren had spoken to. The students were identified as Reagan Weber (DOB/7-11-96), and Matthew Thieu, (DOB/7-1- 95). Weber and Thieu were transported to Littleton Hospital for medical attention. JCSO Investigator Kathleen Battan responded to the hospital and obtained documentation from doctors that both victims had sustained serious bodily injury. Weber had a gunshot wound to the forearm and Thieu had a gunshot wound to the chest. Several staff members from Deer Creek Middle School were transported to the JCSO Investigations Division for interviews. JCSO Cheryl Moore interviewed Benke at JCSO headquarters. Benke told Investigator Moore that the math department had parking lot duty today. School had been released at 3:05 PM, and he had gone outside to the crosswalk in front of the school, near the buses, by about 3:07 PM. After being there only a couple of minutes, Benke heard what sounded like an M-80 firecracker going off in a trashcan.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 20 Benke told Investigator Moore he turned toward the front of the school, where the sound had come from, and saw a white male, about 5'10" tall pointing a hunting rifle toward the south. Benke saw that it was a bolt action rifle and the male was using his right hand and struggling to chamber another round. Benke went toward the male who pulled the rifle up and fired another round to the south. The male saw Benke and dropped the rifle. At that point Benke was able to grab the male by the sweatshirt the male was wearing. He began struggling with the male, and was joined by another math teacher, Norm Hanne, (DOB/6-8-58). Benke and Hanne physically restrained the male on the ground until Jefferson County Sheriff's Office deputies arrived and were able to take custody of him. JCSO Investigator Cres Gove interviewed Eastwood once he was brought to the Sheriff's Office. Investigator Gove read Eastwood his Miranda rights via a JCSO Advisement/Waiver form. Eastwood indicated he understood his rights and placed his signature on the form to indicate he was willing to speak to investigators. Eastwood told Investigator Gove he had left his residence in Hudson between 11:30 AM and 12 Noon while in possession of his father's 30-06 hunting rifle. He admitted he was also in possession of a box of 30-06 ammunition. He informed Investigator Gove he had also stopped at Dick's Sporting Goods in Brighton in order to purchase another box of ammunition. He thought he arrived at Deer Creek Middle School sometime prior to 2:50 PM. Eastwood said he entered the front of the school, signed himself in as a visitor, and was provided a visitor's pass. HeScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 21 then went back outside to his vehicle, which he had parked in the west parking lot of the school. It was there he made his final decision to shoot at students of the school. At approximately 3:12 PM, Eastwood said students began exiting the front of the school. He armed himself with the 30- 06 rifle, which has been on the back seat of the vehicle, got out of his vehicle and approached a group of students who had been congregating at the front of the school. After asking the group of students if they liked going to school at Deer Creek Middle School, he raised the rifle and shot at a girl. Eastwood did not know if the bullet struck the girl or not because she had turned and run [sic] away from him. After shooting at the girl, and reloading the rifle, he aimed his rifle at a boy who had his back turned to him. He fired the rifle again and struck the boy in the back. The boy fell to the ground. Eastwood advised Investigator Gove that, as he attempted to load another round into the weapon, a man in a black sweat suit grabbed him and knocked him to the ground. During the interview, Eastwood told Investigator Gove he may have journaled about his intentions and thoughts about what he was going to do today. He said there was one journal on the kitchen table of his residence, and another one possibly in the basement. Eastwood also admitted he had been placed on a mental health hold by the Littleton Police Department in or around 2002. He said he had been placed on that mental health hold because he had contacted the Littleton Police Department about hearing voices. He believed the voices has been coming from a Nielson television box that had beenScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 22 installed in his apartment at the time. Despite having the box removed from his apartment shortly after his placement in the hospital, Eastwood said he continued hearing voices and was still hearing the voices today, February 23, 2010. Throughout the interview, Eastwood continued to make gestures as if he were trying to remove or pick things off of the skin on his hands and arms. He also made gestures as though he was pushing things away from his body. When asked about these motions, Eastwood indicated he was trying to remove what he called transforming forces from his body. While Eastwood was being interviewed, Investigator Thomas Acierno responded to his home at 20983 Highway I-76 in Hudson, County of Weld, State of Colorado, and spoke to his father, War Eagle Eastwood, (DOB/6-13-49). War Eagle told Investigator Acierno his son had a lot of anger issues and had had a lot of problems in the past. His son had been upset with himself recently because he had been unable to pass a GED test in order to go into military service. War Eagle said he had gone to visit his own elderly mother last night and had stayed with a friend in Arvada. He did not return to his home in Hudson until 1:30 PM this afternoon and Eastwood was already gone by the time he arrived home. When asked if Eastwood had any access to guns, War Eagle said there were only bb-guns in the residence. He added that the only real gun in the home was a 30-06 hunting rifle with a scope, which belonged to him, not his son. War Eagle took Investigator Acierno to his bedroom on the main level of his home where the 30-06 was normally kept behind his bedroom door. There was a rifle case in that location, but no weapon.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 23 DEFENDANT'S VERSION OF THE OFFENSE: The Defendant's version of the offense is memorialized in three places — his interview with Jefferson County Sheriff Investigators Gove and Gibson in addition to the interviews conducted by Drs. Karen Fukutaki and Richard Martinez. Of the three interviews, only the interview with the Jefferson County Sheriff Investigators was video recorded and transcribed. Accordingly, I have included relevant portions of this interview in my report. For a review of what the Defendant told Drs. Fukutaki and Martinez about his role in the instant offense, the reader is referred to the Appendix. (Exhibit "B”, Bates Nos. 00580 - 00584 and Exhibit "C”, Bates Nos. 005470 - 005472) As provided to the Jefferson County Sheriff Investigators:* Issue Re: Defendant's Inquiry About Victims (Bate 5274): Okay. A: Excuse me, sir, could I ask you the status of the victims? Ql: I don’t know. AD Don’t know? + have taken the liberty of inserting headings which describe the content being covered in the section of the Interview that I selected, For 2 review of the entire verified transcrip, the reader is referred to the Appendix. (Exnibie"A’)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 24 Issue Re: Substance Use Prior to the Commission of th wit Offense (Bates Nos. 006284 ~ 006285): Q: 5:40, yep. Okay. Thank you very much, Bruco. Okay. There you go. Got a few opening questions I’d like to ask of you, okay. Ha- ha- have you had anything to drink today as far as like alcoholic beverages or anything like that? How about any kind of drugs, prescription drugs, anything like that? AD No. Q: Any illegal drugs anything like that? Do you take medications for any reason? A No. Iss Re: Defendant’s Conduct During the Hours Leading up t the Instant O; e — Part I (Bates Nos. 006289 ~ 006291): Q3: Bruco, when’s the last time you slept? A: Shit, Fu- I slept like a couple hours every night maybe. I went like five years maybe. Q3: Do you remember getting out of bed this morning? A: I finally went to sleep on the couch and then I woke up and then right away... Q3: What time? A: Right away this...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 25 Q3: A Well, what time was that? I - I wrote it down earlier. I wrote it down earlier, I actually documented that I woke up and got transformed on by some... Was it morning or wat it... It was like morning. 11:30, I think. 11:30? Sun was up? Yeah. Okay. You know what day it is today? It’s the 23". Of? February. What year? 2010. Okay. Do you know where you're at right now? Jefferson County. But I mean what building? I don’t know.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 26 Q3: A: Q3: A: Q3: A: Q3: A: Q3: A Q3: A: Q3: A: Q3: Do you know who... The investigation. With the sheriff's office does that... Correct. «sound right? Yeah. That would - yeah. Yeah. Okay. Do you know where Golden, Colorado is? Yeah. Okay. Coors. Excellent. I’m not going to have one of those again ever. Okay. Like I could drink one anyway when I’m taking this shit. When is the last time you did illegal drugs? Um, I...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 27 Q3: A: Like meth? Don’t like meth. I don’t even know how to smoke it. I tried to and I don’t know how. Um, occasionally I used to smoke marijuana, occasionally. Wasn't the good stuff though besides the marijuana? Marijuana. That’s - that’s your favorite? Yeah, it was a real stress reliever and they took that away from me. No crack? No coke? It can take - the thing - that thing - that thing could take - it took everything away from me. It took my freedom. My life. It took everything away from me. Okay. I can’t even smoke weed, it was like - I mean, it’s breaking the law and it’s like, you know, a double standard where you can’t have anything breaking the law and then it’s like if you - you can’t even have it. I couldn’t even eat. I was like I’m suffering, bud. I just - I just snapped and this - this correlated and I was just...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 28 Issur : Defendant's Motivation to P. trate the Instant Offense - Part I (Bates Nos. 006293 - 006296): Q: What led you down to the school there today? A: Karma. Q: Tell me about that. A: Been so pissed off and angry and just wanted to - it was just one thing after another. I think I told you the thing itself had everybody just taking turns on me like - and I used to go to that school when I was a kid. Q: Oh you did? A: Yeah, I used to go there. And it was just like the thing doesn’t get it. You know, it’s like, you can only bully somebody for so long before they get fed up and they make something happen. And who was it that was bullying you? Everything, man. It was like - it- it- it represented that school. It is like I don’t have any money. I’m poor, It makes - it makes to me like this, you don’t have anything so we're going to make another day - my day happen and look at this idea and it was like when you live inside of transformation and you have no money. Q3: Can you - can you slow down a little bit...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 29 A: Transform... You're talking really fast. Excuse me. The thing called transforming. It was like another human or some whatever or whatnot mutating itself on you, Like transforming into your body and it lived off of you. And it was like you have no money. I was like I have no money, how is it going to live off me and it was like, well, you have no money and I was like - I was like, what is your point of view and I was like - I said Thad no place to go. And I lost it. It’s just like it’s been - it was like how am I supposed to live, you know, I was like trying to think because I couldn’t even heavy thinking. I can’t think. I can’t live. And it’s just like it took whatever it took and I just couldn’t handle it no more. I just got ang- I took my angst out on those kids and... What years did you attend Deer Creek Middle School? I don’t remember, No? ‘90 - shit. I don’t know. ‘90. I don’t know. I don’t remember, Probably ‘91, ‘92. Okay. Around there.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 30 Q: Why specifically the school? A: Because it represented the idea. Q: The idea of? A: Rich people making people’s lives miserable. And if you ever have anything the poor people look at you like you have anything. If you have anything like they despise you and they take it from you. And it was like if I even have anything they took it from me. Like if I had - went to school, if I had anything those kids would take it from me. Q: Is there... A: And then I didn’t have - the things I didn’t have, they degraded on me. They - they would look down on me and I was just like - and it just - and it was like actually had kids in them like I don’t want to mention names, I really do not want to mention names, because it’s like, you know, just for materialistic reason, materializing I’m just saying like the way I have to think inside this thing and it might materialize itself, you know. There’s kids ii je of it that are from that school that want their - inside Deer Creek and they - it was like I - I doubt they’re even going to know that. I mean they're actually going to come - step forward and tell you, we know he’s in there, you know, and knows that thing will do to ‘em, you know.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 31 What, us... Take way from that - that’s what exactly they did to me if they come forward. It will take ing away from them if they don’t Was there... And - I’m sorry. You were talking about the school. I just don’t think they even participate in malevolent behavior with it. I did it without it. So correct me if I’m wrong, but the school was just kind of a - a symbol? Symbolistt inside of i idea of what I went through when And what you've been fighting against? Okay. Was there anybody in particular there at the school that you wanted to... That's the stupidest idea I’ve ever heard. I think like it - it just came out of nowhere and it took out its anger out on me. What's “it”? You keep saying “it.” It’s, the - the- the noise. The energy level. The calibration. That thing that those people implanted in my apartment. That thing, it just - itScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 32 just came into - you know, like when you go home today, you’re going to go home and you're going to be like - you might think about me and you might actually understand that that guy actually is thinking about that noise, you know, there’s noise and you might actually hear it, you know. Weird. I cannot interact right now. So how long have you been thinking about this and thinking about Deer Creek and going there? I told them not to. I really tried - since I was a kid. Since I went there. I hated that school. I hated that fuckin’ school. Okay. I mean, that school - I mean that school is just a fucked up school to go to, if you know what I mean. I mean, if you don’t - the kids that go there have everything, if they go there and if you don’t - if you go there and you don’t dress properly you're a victim. And it was like and if you do have everything - and even those kids who don’t have anything - have anything those kids would go over there and take it from you. 's just - it’s awful. That’s exactly what that thing is. It’s just a big powerful piece of shit and I really want to - I don’t know. I just - I’m sorry, man, I just - it’s - it’s a malevo- it’s malevolence,Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 33 man, I’m usually not that kind of person myself, I’m not that kind of person. I'm just - oh, God, it’s weird, Because I’m not going to - I’m not going to get the respect, the kind of respectabi , the kind of person I really am, but I am going to get - I’m going to get looked at like I had something to do with something else. Q3: Well, you said - just said a minute ago, I'm sorry to interrupt, you said that you went there to take your angst out on those kids, what did - what did you mean? A: I~ I just did. I- I just like, you know, I don’t even... Q3: How did you take it out on them? A: How? Q3: Uh-huh A: Those kids are... Q: I wasn’t there. Tell me. How did you take it out on ‘em? Issue Re: Defendant’s Conduct at Deer Creek Middle School - Part - I (Bates Nos. 006296 - 006298): A: Just walked up to ‘em with a 30 ought - 30/30 gauge and just shot ‘em. Q3: What is a 30 gauge? A: 30 06. It’s a rifle.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 34 Q3: 30.06? A: Yeah. Q3: It's a rifle? A: It’s rifle. Q3: And you shot ‘em? A: Shot ‘em. Q3: How many did you shoot? AD Don’t know. Q3: How many do you think you shot? A: Two, three. Q3: Boys? Girls? A: Boys. Girls. Q3: Did you know ‘em? A: No. Q3: Did you recognize ‘em? A: No. Q3: How did you pick ‘em?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 35 A: Q3: Just close- closest target. Do you know where you shot ‘em? See, I want you to point us the picture. That's what Cres is trying to get you to do, We weren't there, you were there. I - it was, uh, just a - just a reaction. Closest target first. Inside the school? Outside the school? Outside the school. Right in front of the school. Were you ever inside the school? I walked in there and I was gonna - I was just looking at it before I made up my mind I was going to do it or not, as a visitor. Okay. And that leads me up to when did you - when did you decide to take your rifle... The last second. ..and go to the school? The last second. I just had enough. I couldn’t eat. They wouldn’t let me do shit at home. I’m at home up there in Hudson, I’m just sitting there, you know, it’s in the middle of the country. And all I do is take care of these horses and they’re really God - God given creatures, you know. And it’s like the thing won’t let me eat. It won’t let me doScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 36 anything. I can’t - if I’m - I can only watch anything, it won’t let me do anything. You're talking about the voices coming out from the black... The voices - the voices - the voices transform. They diversicate, They evolutionized. At first i was just a sound and I was like what the hell is it, I better, you know, have myself checked out. And then as time went on it gained more intelligence and then became whatever it became and got me inside a situation I couldn’t even do anything about. Issue Re: Defendant's nduct During the Hot Leadini int Offense — Part II (B: Nos. 006296 - 006300): the When did you leave this morning? Leave your house and... I don’t remember. Do you remember about what time? If it was lunch time Or... It had to be - had to be like at least 1:00, 12:00/1:00, 12:00 or 1:00. How long - how many times have you made the trip back and forth between Littleton here or Denver and Hudson? toScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 37 A: Just once. Q: _ This is the first time you've been back... A: Yeah. Q «Since you moved out there? A: Yep. Q: How long do you think it took you to get here? A: Hour - about 45 minutes. Q: And how did you get - how did you get from there to here? A: Car. I took my car. ‘87 Cougar. Q ‘87 Cougar. What color is it? A: Silver. Q: Asilver one. Okay. And what did you bring with you? A: Um, I brought, mmm, two - I brought two 20 cases of 30.06, 30.06, one backpack, one Prime Time cigarette, and $23, Q: Did you have those shells with you? A: Yeah.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 38 Q: And how long have you had those? A: About - I just bought ‘em today. I bought one case today and I had the other case earlier. I bought - I bought some from Dick’s earlier. Q: Where did you buy the one today? A: Dick's. Q: Dick's? A: Over there on the 138, 144" in Brighton. Q: 144? Do you know... A: About 144", the twin side thing, it’s I-76, 140 - 144" and I-76. I don’t know. Q: Okay. A: It’s like right - right in Brighton. Q: Okay. A: Adams county. Q: So pretty close to where they have the county government building there? A: Yeah, somewhere around there. Q: Okay. So you bought them on the way down...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 39 A: Yep. Q: _...the trip down... A: Yep. Issue Re: Defendant’s Conduct at Deer Creek Middle School — Part II (Bates Nos. 006300 - 006304): Q: ...from Hudson? Okay. Tell me what happened. Walk me through. Like Derek's saying. Paint me a picture of what happened once you got to the school? A: Got to the school, I was... Q: Where did you park your car? A: Parked my car - first I was just looking at it. Iwas like, all right, I hate this school. Parked my car across the street. Looked at it. Walked up to it and sheriff was there and he drove away and, um, I came back over there and I went into the office to look at it and I have to sign in to look at the school so I signed in. Q: Did you talk to anybody when you were in the office there? A: Yeah, I forgot her name. Talked to the secretary. And then, um, and then I signed in. Got a vi pass. And then went back outside and I was just looking at it and then just sitting at the school and then I just went back to my car. Um, after I - afterScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 40 I parked at the park, I went across the street and I came back and went in the parking lot and then went inside the school and then after that I went back to my car and then I saw the kids come out and then I came over there and just walked over there and just started shooting. Okay. So your car you eventually parked it in the parking lot for the school? Yeah. When you went into the office, the person that you talked to, was it a man or a woman? Woman. What color hair did she have? Dark brown hair. Dark brown hair? Dark brown hair. Was it short? Long? In between? Little past her shoulders, Little past the shoulders? Yeah.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 41 Q: Okay. Um, was this gal, was she, you know, skinny? She was medium length woman.I don’t know, she was behind a counter. She seemed to be friendly? Yeah, she seemed to be friendly. Did she... She helped me out. She wanted to know what teachers I wanted to go see. If there was anybody that I could help you out with and I was like I don’t know it’s been awhile since I've been here, you know, and I don’t know all the teachers that go there still, you know. Okay. And what did you tell her? That was it. I just - I just - if not - if there was no teachers there, you know, I really still like to visit the school, you know. Okay. So you went there and you told her you wanted to visit the school? Yep. You used to - did you tell her about being an ex- student? Yep.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 42 Q: Okay. A: Used to go there and was just visiting. Q: And then uh, you were saying something about signing in? A: Signing - I had to sign in before I went in. Q: Like a guest register? A: Yep. Q: Okay. And did they give you anything? A: Visitor’s pass. Okay. Um, how long were you in the office? I was there for couple minutes, about five minutes. Q: Okay. And then once you walked back out of the school, where did you go? A: My car, I sat there. Q: Which you had parked - where did you originally park it? AD Across the street. There’s a park across the street. Q: Okay, So the little parking lot there for the park?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 43 A: Yeah. I went there. Sat down. Really thought about it. Realized I just - I can’t live like - I can’t live life like that anymore. Okay. Can't live it anymore. I just can’t do it. So I went up there and I just crossed the street and I said I’m gonna do it. I’m gonna do it. Okay. How long did you sit there thinking about it? About five, ten minutes. About five minutes. Okay. Approximately about five minutes. Okay. And then where did you go - once you decided you were going - you set your mind you're going to do this, what did you do next? Just walk in the school. Like I said went in there got the visitor’s pass and came out. Then went back over there when I saw the kids come out. Okay. You had mentioned something about moving your car over into the parking lot of the school. Did you do that? What?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 44 Move your - move your car to the parking lot of the school? Yeah. Okay. Yeah. Now, did that happen before the kids started coming out or after? Before. Before? Yeah, I went - it was - yeah. Okay. So you moved your car around. How long after you moved into the parking lot did the kids start coming out of the school? Let’s see, it was, uh, I went in there and got about 3:50 - about - excuse me, 2:50. And the kids came out of there about 3:10, 2:12. Okay. Or 3:05. Okay. So it was about like 10, 15 minutes.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 45 Q: Okay. So you moved over there at about ten to 3:00? A: Ten minutes. I spent like five, ten minutes - like, five, ten minutes over there so... |e Re: Weapon Used During the Instant Offense i (Bates No. 006304): Q Okay. all right. Now, I’m not a big gun guy. You said it was a 30.06? A: I'm not really big on guns either, yeah. Q: Do you know what kind of gun? AD Usually for hunting. Q What kind of a gun was it? Arifle. Lever action. Q Do you know... A: 30.06, lever action, single bolt shot. Q: Okay. Do you know what brand it was? A: No. Q: Okay. How long have you had it? A: It’s a family heirloom. It’s my dad’s.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 46 Q: Okay. It was your dad’s hunting rifle? A: Yeah. Q: Did it have a scope on it or anything? A: Yep. Q: Okay. And it was a single shot capacity? A: Yep. Q: One at a time? A: Yep. Issue Re: Defendant's Con at Deer Creek Middle Sc! | - Part III (Bates Nos. 006305 - 006308): Q: Describe that for me. You see the kids coming out of the school, describe how you - what you did. A: I saw them piling out. I could have shot them from over by my car in the parking lot, but I decided just to walk over there, Just - it was like just like weird. Like an - like an odd feeling just came over - I just walked over there and I know the kids moved and they just looked at me and I looked at them and it was like, you really like - 1 was like, you know what, “You guys like going to school here?” And they just looked at me and she was like, “What?” and I just shot, started shooting.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 47 Q3: A: Q3: A: What did you - I’m sorry what did you ask him, Do you go to school here? Do you like going to school here. Do you like going to school here. And you said you asked a girl that. I think it was a girl, yeah. A group of people. I asked everybody, There was a group of people just standing there in front of the school. Oh. Where did you kept the - the rifle when you drove - drove in to... Back seat. It was in the back seat? Yep. At what point - did you have it loaded during the trip down here? Yes. Okay. So tell - you walk up, you ask this group of kids if they like going to school there. Um, who did you aim your first shot at? Just a group of kids. A girl.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 48 Q: A: Did you aim at somebody in particular? No. Just a group of kids and there was one girl standing there and she looked at me and she looked straight down the gun, I pulled the trigger, bam it went through her and like - bullet through - it went right through here I think her arm or right through her side and she screamed and kids just scattered. And I had at least one or two more ‘shots, I don’t know exactly how many. Then a guy who had been wearing black, he probably got away with being in the shade and came over there and he Gacy-ed me and took me down and I couldn't escape his grasp. Gacy-ed you? Yeah, he Gacy-ed me. What's Gacy mean? Gacy. He came up and grabbed me, grappled me. He took me down, I lost my - I lost my balance trying to reload the gun and I lost and I tried to jam him and then he took me down and then one other guy came over and stepped on my legs and one guy hold my legs and the other guy grabbed me by my neck and they stretched me and they capacitated me and then I - choked me and then they broke my finger, my knees, toes, and they just gave me a good wrestling. It was just like I just wanted to breathe.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 49 How many shots were you able to get off? Two or three. I don’t remember, exactly remember. That first shot you said it was - it was a girl? Yeah. Do you remember - where were you aiming that second shot? I was aiming the shot at a boy. The kid in the back. He was running. The girl, where did you end up shooting her, the first one? Don’t know. I don’t know - I don’t know if I hit her or missed her. Okay. I think it might have went through. It might have sent right through her arm right there, might have went right there and then (unintelligible). Okay. How about the boy, did you see if you hit him? I think I hit him in the back somewhere. In the back?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 50 A: Yeah. Q: Okay. Did the girl drop to the ground? A: No, she ran. Q: She ran? A: She was actually able to run. Q: How about the boy? A: He fell. Q: Did you see if he was moving? A: No. Q: Who else were you shooting at? A: Just that was - I guess that was - I guess I got - I guess that was the two shots I got off maybe. I don’t know. Q: Okay. A: Two shots. Q: And this guy in black. Describe him for me. Kind of like you did with the...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 51 A: Came up ina black jump suit, little jump suit, like a little sweat suit and just came up - came up and he jumped up and grabbed me. Was he a big guy? Nah, he was medium, medium build. But he was strong enough to take me that was true. I’m not - I’m not the biggest guy, I’m only 5'8", you know, 140, and this guy’s a little bigger than I am. And how did he grab you? Grabbed me by my shoulders, took me - and I was trying to get it loaded - I was trying to get - still get my gun loaded and put back and I was like jam - jam him with the butt of the gun and then - and then it took him back and I just lost balance and one other guy ran over there and take me by my legs and after that it was over with. Okay. So this guy with the black sweat suit, Did he grab you from the front or did he grab you from the back? Front. So you were facing one another? Yeah, right - I think I caught him at the last moment, and he... Where was the gun?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 52 A: My hands. I couldn’t - I was just about to reload and I couldn’t. He just got me right as I was re- loading. Okay. Just to back up. What was going through your head as you were aiming and firing these shots at the girl and at the boy? What was your intent? Accuracy. Did you want to kill them? Yes. I want - I mean like from shooting, yeah, yes. I wanted to - I wanted - I - I at this point I’m completely crazy. I’m so insane about I want my - I want my jife back that I’d rather kill somebody and that was was just - I - I want my life back and as selfish as that sounds I don’t know what to do. I don’t know what to do. How do you - how do you think shooting at people was going - how was that going to accomplish you getting your life back? Nothing you could do about it. Nothing. I’m imprisoned outside there without anything. I don’t have anything. I’m just inside this - this ranch taking care of these horses, and it, it sucks. That thing’s there - I mean that thing calibrated off cars, through the cars, through the house, the noise blared through the house. The cars. The cars drive around the house, you know, and sometimes you wake up and there are cars in theScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 53 house, you know, like - and that’s - I know you guys don’t give a shit about that. Q3: It’s not that we don’t, but put that aside for a second because I think what Cres is asking you... A: I’'m- put... Issue Re: Defendant’s Appr (Bates Nos.006309 - 06311): Q3: No, look at me. Let me ask you this. Do you know the difference between right and wrong? n_of Wrongfulness - Part I A: Yes. I know, man - I’m even faces... Q3: No, listen, you got to - you got to bear with me, okay? A: Yes. Q3: We're going somewhere with it, okay. You know the difference between right and wrong. Is it wrong to shoot at somebody with a rifle? A: Absolutely. Q3: Is it wrong to try to kill somebody? A Yes. Q3: Is there anything right about that? A: No.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 54 Q3: A: Q3: AD Q3: Q3: Is there anything legal about that? No. Is it illegal to try to kill somebody? Yes. Do you know the laws about killing people? Yes. Yes, I do, I actually know my rights, and... Okay. I’m just trying to figure out where you're coming from here. Making sure that we're on the same page. Because knowing that it’s wrong and then you're telling Cres that that’s how you're trying to get your life back. But knowing you risk doing something illegal and wrong to get your life back is that what you're saying? Bruco? You knew it was wrong and illegal to try to kill somebody but you did that to try to get your life back, is that what you're telling us? You're nodding your head, but I need... Yes. Yes, thank you. And to get back to my question. How was shooting at people going to accomplish you getting your life back? What was it about that situation that you thought was going to help you get your life back?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 55 A: Thought maybe those people - the people who had me inside would just let it go. I just - I mean, it was like - he was going to take those people’s families, probably know they have me inside of it. They probably have people who know that have me inside of it. It’s like, you know, if (unintelligible). It’s like a morally thing, and the ethical question is do I do it? Do I do it? I asked - I asked myself. I said this is everything against everything I believe in. I don’t understand what you're telling me. But it’s like - but you take somebody like I am and you change everything around and you demoralize them and you take everything morally and ethically and you just change their world around and you say you can’t live your own life and it’s just - just - just say for, you know, the time - the time you live on this planet and say to somebody out there just suffer, just a sick joke for a game or something like that, Y'm going to take your life away from you. I mean, so you might responded in the same way. You might have had - you might have did the same thing. So you're trying to turn the game on everything that’s been playing against you? Outside of it. Outside of everything. And it was just like I pointed - I may have pointed in the wrong direction, maybe the right direction. I don’t know what's going to happen. I don’t know. I do not know.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 56 Q3: Q3: But you know that - you know that those kids - you mentioned Truman earlier, the TV set the whole thing. You know those kids weren’t in the Truman kind of world? understood. But they’re - they’re way out there, man. They’re out of their - way out of everything... They’re in reality? I was in reality with this thing. I’m not in - I’m not in some parallel dimension. I’m like reality. These people are like... You know this wasn’t make believe, right? Exactly. This was real. Exactly. You had the potential to kill children. I’m not saying you guys are - exactly. I'm saying the people inside this damn thing are psychopaths. We're talking about you. You - you understand that you knew you had the potential to kill somebody, right? And that was real.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 57 A: It’s a gun, You shoot it - you shoot at somebody has any potential to kill somebody. Q3: Exactly. Okay. That's real. That’s not inside some TV set. A: I'mnot trying - I’m not just trying - I’m not trying to make anybody suffer here because I want to make you - torture you until you snap and kill somebody? Issue Re: Defendant’s Appreciation of Wrongfulness - Part IZ (Bates Nos. 006318 - 006319): A: Okay. I don’t - I’m not thinking this normal state of mind. Okay. I can’t even fathom why I’m even thinking this state of mind. Q3: Okay. But you knew the difference between right and wrong? A: Now I can think. Now I’m thinking. Q3: Okay. But you knew then - did you know when you were at your car, you know the difference between right and wrong. You know that pointing a gun at somebody is wrong. A: Yeah. Q3: That shooting a bullet at somebody is wrong. A: Right.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 58 Q3: A Q3: That killing somebody is wrong. You know that. It’s weird. It’s like - it’s a contradictive to the statement of saying that I know that shooting somebody was wrong, but it was insane. It was like insanity. I’m not saying you're sitting there saying it, but you knew it. I mean. Yeah. Just like I know it and just like you know it now. Just like Cres knows it. We all know it’s wrong. But only one of us in here did it. And so we're trying to talk to you, being the one that did it, to find out why. Just driven to the point of insanity, man. Okay. Just driven to the point of crazy. Sounds to me like you're trying to get even for what you feel has happened to you. You're trying to get even by shooting into a crowd of people and killing them. Does that sound fair? It might. After this point I really don’t know what to tell you. I didn’t - I couldn't - it .. Well, you had time - let me.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 59 A: Ju- jus - justice will - justification on my part probably will never be served but what I did to those people. Issue Re: Defendant’s Conduct During the Hours Leading up to the Instant Offense - Part III (Bates Nos. 16319 - 006321): Q3: _Let’s switch gears for a minute. ‘A: And whatever happens to me so. Q3: You had - you had time earlier to stop - and Cres doesn’t even know this because I haven't had time to tell him. You had time to stop at McDonald’s earlier, didn’t you? A: Yeah, I did. I stopped. Q3: What did you eat there? A: Late two chicken spicy sandwiches. Q3: Did you drive through or sit in? A: I came in and sat down. Q3: Okay. Were you hungry? AD Starving. I didn’t - I hadn't eaten for a long time. Q3: Okay. A: I actually got to digest the food.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 60 Q3: A: Q3: Q3: So you had time to sit and think about - did you know then what you were going to do? No, I didn’t, I was just sitting there thinking. I was like, I’m hungry and they let me eat. They even let me eat. And I was like - it was like going, oh, it was trying to change in my mind like. And it's kind of like okay we'll play petty with you, we'll give you your digestive system back, you can eat now. Do you remember what time you were there? You just going to turn in - as soon as I turn around and go back home it’s going to go right back to the mutating, cars and sound. But you didn’t go back home? And I had nobody - had nobody down here thinking about it. Do you remember what time you were at McDonald’s? No. Which McDonald’s? It was the one in Ken Caryl. Okay. So you remember where it was? Right.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 61 Q3: A: Q3: A: Q3: How long before you went to the school? Right afterwards. And before you went to McDonald’s how long was it that you stopped at Dick’s to get bullets? Half hour. Okay. So half hour there. How long do you think you were at McDonald’s? Twenty minutes? You had two chicken sandwiches. Fifteen? I don’t know. I didn’t - I didn’t measure the time. I did not measure time out. But I mean I usually - I usually keep my notebook with me and I usually keep track of what’s going on. Does 15 minutes sound fair? Everything - every five, ten minutes something happens, you know. Okay. I mean I - you only had the two sandwiches, right? Correct. You didn’t have anything else?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 62 A: That's it Q3: So you're not really a consuming a huge meal? A: No. je Re: We ed During the Instant Offense - P% rT (Bates No. 006332): A: This is my dad’s weapon. Q3: Does he have any other guns? A: I don’t know. Q3: Do you think he does? A: No, I don’t think. Q3: Does he know where you're at right now? A: I don’t know. Q3: Does he know you have his gun? A: No. Q3: Did you tell him you were going to take his gun? AS No, Q3: Okey. So you didn’t ask permission?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 63 A No. Q3: Have you ever taken it without permission before? AD Yeah. Q3: Do you consider it you stole it or are you borrowing it or what? A: Just when - just to borrowed it. Q3: Would it be wrong for you to take it? I don’t know, it's your house. A: Absolutely. Q3: So he wouldn't be happy if you have it? A No. No. Re: Defendant's Asse: int of His Conduct - Part ‘es Q A The kids. The shooting. Selfishness. It’s crazy. It’s crazy selfishness and the kids, you know. It’s just - like a lot - I want what I need and I needed - I did what I did and it was crazy. Okay. Do you remember those rights that I read to you earlier? Yeah.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 64 Q: Are you okay with talking with us some more? A: Yeah, I can talk. Barely, but I mean - I can’t eat or drink anything. Q: Okay. Are you okay with continuing on with the conversation maybe answering a few more questions for us? A: Sure. Q: Allright. AD Just to get some clarity so you know what the fuck’s going on. Issue Re: Defendant’s Appreciation of Wrongfuiness - Part III Is (Bates No. 006353): Q: Well, a- a- and you- you- I - either the question I- I- I asked you was how did you think doing, you know, going through with what happened today, how you thought that was going to help you get your life back? A: I knew if I di one way or another I was going to be dead or in jail. ue Re: Defendant's ‘ivation to Perpetrate the Instan Offense ~ Part II (Bates No. 006356): Q: So you, you know, in a way you kind of felt suicidal going into today?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 65 A: I felt not just suicidal, I felt homi Okay. I was just - I hated everything. It was one thing in the back of mind I symbolized everything that I hated and I wanted to take my anger out and I did it. Q: A: Issue Re: Defendant's Appreciation of Wrongfulness - Part IV (Bates Nos. 006358 - 006359): A: There’s nothing that can tell me what I can and can’t do or what - I don’t know, What it says what I can do and what I can’t do and what I did today and why'd I do it, you know, I don’t know, You understand that what you did was wrong? I now know what I did was wrong. Q: And you knew at the time it was wrong? A: At the time I was just so - so fuckin’ just insane, Like I’m just like I’m going to do going to go there and just do business. We're going to work and go in there and shoot people. And it’s like - fuckin’ way, it’s like shooting fuckin’ kids and shit and I just - I just fuckin’ waking up ikeScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 66 for this - I just want to wake up from this shit, you know, and - it’s sad because now I can think and realize when I step back and look at it what I was doing because I couldn't do that but I couldn’t even - this is dirty thoughts of life and a whole belief. So what are your thoughts on what should happen from here on out? My thoughts? Yeah. I mean what should happen? I mean you're standing - you're standing in front of the judge. What do you think the judge should do? I don’t know what the hell he’s going to do, I don’t know. I’m going to tell him. I’m going to tell him what happened. It was like I was inside of a controlled environment and everything was controlled and I was out in a secluded area and it could do anything it wanted to me. Okay. And it pressured me to the point where I snapped and just - I realize that I realize that now. I just - I don’t know. Yeah. If I could take it back, IScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 67 Qa What do you think the judge? I don’t know. If I could take it back I would. But you know you can’t? Can’t - I can’t go back and undo what I did, no. So what do you think? If you're the judge and you're looking at you knowing what you told us you did, if you were the judge what would you do? Put the judge in my shoes. If he actually knew what I was going through Put yourself in the judge’s shoes. If he really knew what I was going through. Okay. Tell me. Get him some help. I'll get this kid some help. I would do anything I can do to get... What help? I - he - - oh gosh, Jesus Christ. The sad part is he knew this kid needed - he needed these people with that thing to walk away from him without being inside of it and get a job. That's all he needed was a job. Just needed a job. A chance at life. He needed to breathe. It’s all he - you know what I mean? Because I can’t go out there andScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 68 look for a job. I think I would make it there and pressurize people that you can’t work here we're not going to let you job - nope, don’t hire ‘em. Issue Re: Defendant’s Motivation to Perpetrate the Instant Offense - Part ITI (Bates Nos. 006362 - 006364): Q: Was there some event that happened when you went to Deer Creek Middle School... Yeah. ..that caused you to hate that school so much? Yeah, I couldn’t - there was - every day of my life that I went there, not a day went by without being harassed, assaulted, or somethin: something personal of mine not being violated in any way that I would have - I would have - there was no respect at that school. I have no respect for anything at that school. And ever since that time you've harbored this hatred? Oh my God, I hate that school. Okay. I hated that school. But you hate the school, why the kids? The kids go there.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 69 Qa The kids don’t know you? The kids don’t know me. The kids weren’t even born when you went to that school. That’s just where that... You were 18. That - that’s - that’s the illogical of the hypocrisy of the contradictive - the hypocritical point of view is saying that I don’t - what I'm going through is I’m going through and it was just so rational for them to do this to me and me going and do that to say, Hey, I’ve had enough, And I - and I just - that’s all I can say. You see - I mean - how stupid it is. Just - and how stupid is that? I know. I'm not - I’m not going to argue with anybody. It was a stupid idea to do it in the first place, but the thing about it was even if I - I mean - God, I wish I could experiment with this idea. That if I walked away from this, went out there right now - there’s no way I’m going to get a job anyway. Everybody’s already looking at me that way. There’s no way I could go out there and get a job e. I had this thing walking around with me. It’s e a dark cloud of rain and no matter where IScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 70 went it would strike everybody, like you can’t do that. Q: Okay. A: You can’t have... Q: So in your mind you had no choice but to do this? A: I had nothing else to do. I had that built up anger for so long and it was the only thing I could do. It was just - I don’t know. What else could I do? Issue Re: Defendant’s Assessment of Hi: nee art IT No. 006371): Q Hey Bruco. Do you mind sitting down for me? How we doing? Still trying to make sense out of everything. Okay. You feel okay as far as talking to us? Are you okay with that still? A: Yeah, maybe you can help me understand everything. Q: Okay.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 71 Issue Re: Defendant's Version of the Events That Transpired on February 23, 2010 (Bates Nos. 006384 — 006390): Q: Okay. I just want to walk-through things with you again just one last time just to make sure we have it straight ‘so we're not getting anything wrong that you told us, okay? You left this morning, left the house, took your dad's rifle with you and a box of shells, is that correct? A: Yeah. Q: About what time did that happen, do you remember? What? Q: About what time did you leave the house this morning? A: I believe 11:30, 12 o'clock. Q: Okay. Yo stopped off at the Dick's there in Brighton? A: Correct. Q: — Right off of 76? A Correct Q: About 144"? A: Right. Q: Bought a second box of shells?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 72 A: Right. Q: And then drove down to Denver? A: Correct. Q: Um, by your receipt here you went to the McDonalds down there in Ken Caryl? A: Yep. Q: Had a couple of sandwiches to eat and then you got - then you went directly from there to Deer Creek? A: Correct. What time did you get to Deer Creek initially? I don’t know. Okay. When you initially got there you parked across the street at the park, walked into the front doors, went into the office? A: Correct. Q: — Spoke with a gal. A: Thad already moved my car. Q: Hmm?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 73 A: I already drove my car over to the school, I drove my car over to the school. I didn’t walk over there. Okay. So that’s a bit different than the first time? Maybe you misunderstood me. Okay. Maybe I said that wrong. I might have said that wrong. Okay. How about you tell us. So we have it right, you tell us. Okay. I parked my car at the - I parked my car at the park, looked at the school and then I drove my car back over to the parking lot over there and then I walked into the school. Okay. You talked to the gal about wanting to take a look around maybe seeing some old teachers? Maybe get a second opinion about what I was thinking. Maybe by then I - I don’t know. Okay. You signed in on the register? Right. They gave you a visitor's pass?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 74 A: Qa Correct. And then a few minutes later you walked out and went back to your car? Right. Um, about what time did you get back to your car? About 2:50 - I don’t know. So originally you said about ten to 3:00, does that sound about right? It had to be about ten to 3:00, approximately around there. How long were you at the car before the kids came out? I don’t know. Five minutes. Five, ten minutes. Okay. Probably about five minutes. When you saw the kids you grabbed your rifle because it was in the back seat and you already had one round loaded in it, is that right? Right. You got out, started walking towards the front of the school. You saw this group of kids there and you walkedScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 75 up and asked them if they were happy going to this school or something to that effect? If they like going to school here. I was like, “You like going to school here?” That's when you brought up - brought up the rifle and you shot the first time you think at a girl? Agirl. You don’t know if you hit her. You think you may have hit her in the arm or in the side, but you're not sure if you did? I don’t know if I hit her. Reloaded? God, I wish I... Reloaded. Shot a boy, you think, in the back and then you were going to reload again and that’s when the guy in the black sweat suit tackled - or cam up and grabbed you by the shoulders and took you down to the ground? Correct. When he was doing this, you were hitting him with the butt of your rifle? Right.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 76 Q: And then somebody else came and joined in and they tackle you and kept you down until the police got there? Correct. Is there anything wrong about that? Yeah, the whole violent theory of it. No, I mean is there anything wrong in what I just told you? Did I have it right? Yeah. Oh, well, yeah, in the correct order, There - there was no issues? Picture perfect, that was. Okay. That's exactly how you remember it is what he’s asking you? Yeah, that’s it. You walked - when you - just based on what you told us before, when you got there you were there because you wanted to shoot at people? Actually, I really wanted... You wanted to take revenge out...Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 77 A Qa: Take out revenge... ...because that was the symbol of all the things that had gone bad in your life and people that have wronged you? Correct. And now I realize what I didn’t understand. It’s too late, so... Okay. But you went there intending to hurt people? That's not going to make - that’s never going to make - that’s not going to make, I mean, not going to make them understand even if they do understand now, that’s not going to be good enough for e- either one, me or them. But just so we're of the understanding, you went there to hurt people today. You realize it’s wrong now, but when you went there today you went there wanting to hurt people? God. Is that correct? Correct. And you went there today knowing that what you were doing was wrong, am I correct there? Correct.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 78 Q: A: And that you understood the difference between right and wrong when you got there? Correct (unintelligible). And you weren't being commanded by any - you weren't being commanded by any voices to telling you you had to do this? Pressurize - it was pressurizing me. Like it Were there any voices telling you, go into the school. Shoot the kids? Actually it was - it was going to break my car - it was going to take my car away from me and then Thad no way of life. It was going to punish me for not doing it. Okay. What was going to punish you? It would take control of the noise. You know, like the noise, it calibrates if you have a noise it calibrates, well, your transmission makes a noise certain ch- ch- ch Was there a voice telling you to do what you did today? To a point yes, it did. What was the voice saying to you?Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 79 A: If I don’t do it it’s going to break my car and I have no way of life. What am I supposed to do just go break my car? Take my life. What else is there? I have nothing else. I have nothing else in this life. Q: Did you know that what the voice was telling you was wrong? A: Yes, I can’t argue the voice like... Q: Did you know that when you were hearing the voice, did you know that if you pointed a rifle at somebody and pulled the trigger there was a high likelihood that you were going to kill them. Did you know that? A: That and - that’s okay, but it’s okay for that - those people to have me inside that to make me live a life like that and that’s okay. We can’t do anything about that, we can’t justify that so I mean just... COLLATERAL INTERVIEWS: On Wednesday, January 12, 2011 and Thursday, January 13, 2011, I conducted collateral interviews with: * War Eagle Eastwood (Exhibit "D-1") * Vanessa Donahue (Exhibit “D-2") . Jeffrey Barnes (Exhibit “D-3")Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 80 * Steven Belecky (Exhibit "D-4") . Michaela McDonough (Exhibit "D-5") * Jefferson County Sheriff Investigator, Richard Gove (Exhibit "D-6") . Jefferson County Sheriff Criminalist, James Jennings (Exhibit “D-7") . Jefferson County Sheriff Investigator, Derek Gibson (Exhibit "D-8") * Jefferson County Sheriff Deputy, Frederick Lang (Exhibit "D-9") * Jefferson County Sheriff Deputy, James Taylor (Exhibit "D-10") . Jefferson County Sheriff Deputy, Keith Polizzatto (Exhibit “D-11") . Jefferson County Sheriff Deputy, Michelle Lucero (Exhibit “D-12") * Jefferson County Sheriff Deputy, Craig Allen Nelson (Exhibit "D-13") ° Jeffrey Ella (Exhibit "D-14") . Jami Fisher (Exhibit “D-15") * Nina Bigelow (Exhibit "D-16")Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 81 . Valentin Sautedo (Exhibit “D-17") . Rachel Eastwood (Exhibit "D-18") * Adriana Reyba (Exhibit "D-18") . Steven Potter (Exhibit "D-20") . Lisa Losasso (Exhibit “D-21") . Bolton Fourie (Exhibit "D-22") . Dr. David Benke (Exhibit "D-23") . Reagan Weber (Exhibit “D-24") . Mickie Kircher (Exhibit "D-25") . Brandon McDaniel (Exhibit "D-26") . Norman Hanne (Exhibit "D-27") © Kyle Sturbaum (Exhibit "D-28") . Jeramie Osborne (Exhibit “D-29") . Matthew Thieu (Exhibit "D-30") Each interview was audio recorded and transcribed and can be found in the Appendix of this report. (Exhibits "D-1" - "D-30") The overwhelming majority of the information T obtained was consistent with information contained in the discovery materials. That said, regardless of whether orScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 82 not the information was previously disclosed, I have included below some of the more noteworthy information that was shared with me: * War Eagle Eastwood (Father) told me that a few days prior to the offense, the Defendant asked him if he (War Eagle) would take him (the Defendant) to the Shooting range. (Exhibit “D-1", Pages 32-33) . Jefferson County Sheriff Deputy James Taylor recalled that while he was being subdued Mr. Eastwood complained that excessive force was being used. (Exhibit "D-10", Page 3) . Jeffrey Ella (Neighbor) told me that there were occasions when he would observe Mr. Eastwood filling the watering troughs for the horses and yelling and/or flailing his arms as if “he were chasing off bees or something, but they weren't there.” (Exhibit "D-14", Pages 3-4) * Jami Fisher (Bartender) told me that when she waited on Mr, Eastwood at Barry's Bar and Grill on February 22, 2010: * Helaughed inappropriately, and when he left “a couple of the regulars" told her that “...he was, like pointing in different directions and kind of looking around and just acting really strange.” (Exhibit "D-15", Page 2) * — He did not appear intoxicated. She said that his speech was not slurred and that “heScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 83 walked fine and wasn’t wobbly or nothing like that.” (Exhibit "D-15", Page 2) He was mumbling to himself. (Exhibit "D- 15", Page 3) . Valentin Sautedo (Dick’s Sporting Goods Salesperson) told me that while at Dick's Sporting Goods on February 23, 2010, Mr. Eastwood: Was mumbling to himself. (Exhibit "D-17", Page 2) Asked about whether their were any sales on ammunition. (Exhibit "D-17", Page 2) Purchased .30-30 rounds. (Exhibit “D-17", Page 4) Volunteered that he was purchasing the ammunition for someone else. (Exhibit "D- 17", Page 6) . Adriana Reyba (McDonald’s employee) told me that: Subsequent to placing his order at McDonald’s on February 23, 2010, Mr. Eastwood paid accordingly. (Exhibit "D-19", Page 4)° 5 See also Bates No, 00918 Re: Total Sale: $2.10. Cash rendered: $2.10. Change $0.00.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 84 * Bolton Fourie (Electrician on site at Deer Creek Middle School) said that on February 23, 2010, Mr. Eastwood: * Was just laughing...[and]...had a big smile on his face” as he was being subdued by Dr. Benke and Mr. Henne. (Exhibit "D- 22", Page 2) * Told Mr. Fourie “You don’t mess with evidence” after Mr. Fourie kicked the Defendant’s hat that was laying on the ground. (Exhibit "D-22", Pages 4-5) + %,..Was still just smiling...” while sitting in the squad car. (Exhibit "D-22", Page 5) . Reagan Weber (Victim) said that after Mr. Eastwood asked the group she was with if they attended Deer Creek Middle School “...he pointed at our group and then shot.” (Exhibit “D-24", Page 5) * Brandon McDaniel (School custodian) said that on February 23, 2010, the Defendant complied with Kyle Sturbaum’s request to sign in at Deer Creak Middle School. (Exhibit "D-26", Page 2-3) ° Kyle Sturbaum (Senior school custodian) said that on February 23, 2010, and when asked, Mr. Eastwood went to the front office and signed in at Deer Creek Middle School (Exhibit "D-28", Page 2)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 85 ISSUE RE: JEFFERSON COUNTY SHERIFF VEHICLE AT DEER CREEK MIDDLE SCHOOL PRIOR TO THE COMMISSION OF THE INSTANT OFFENSE: . During his interview with Investigators Gove and Gibson, Mr. Eastwood talked about seeing a JcsO vehicle at Deer Creek Middle School (Exhibit “A”, Bates No.00630) * When I met with him, JCSO Deputy Polizzotto recalled being dispatched to Deer Creek Middle School on February 23, 2010, regarding a theft. (Exhibit “D-11", Pages 1 - 3) . JCSO Documents memorialize the fact on February 23, 2010, Deputy Polizzotto was at Deer Creek Middle School between 13:12 hours and 14:29 hours. (Bates Nos. 006256 - 006268) ISSUE OF DIAGNOSIS/FORENSIC OPINIONS: ‘As of this writing, the Court has precluded me from interviewing the Defendant. As such, pursuant to the American Academy of Psychiatry and Law Ethics Guidelines for the practice of forensic psychiatry, I am obligated to inform you that I did not conduct a personal examination of Mr. Eastwood, and that as a result, the opinions that follow are limited. 1. Issue of Diagnosis: My discussion regarding this subject will focus on the Defendant's mental state at the time of the offense. My analysis is based on my review of the offense and supplemental reports, the collateral interviews that I conducted, the video recorded interview Mr. Eastwood providedScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 86 investigators from the Jefferson County Sheriff’s Office immediately following his arrest, as well as the information he shared with Drs. Fukutaki and Martinez. Mr. Eastwood’s pre-offense psychiatric history is noteworthy for being diagnosed and treated for a serious mental illness. When coupled with the observations of those persons who had contact with him during the months, weeks, days, and hours leading up to, and following, the offense it becomes clear that at the time of the offense, he met the Diagnostic and Statistical of Mental Disorders, Fourth Edition, Text Revision (DSM- IV-TR) criteria for Schizophrenia, Paranoid Type. That is, by history, Mr. Eastwood had two (or more) of the following, each present for a significant period of time during a one month period: A. Delusions B. Hallucinations c. Disorganized speech (e.g., frequent derailments or incoherence) D. Grossly disorganized or catatonic behavior E. Negative symptoms i.e., affective flattening, alogia (i.e. paucity of speech) or avolition (i.e., a lack of initiative or motivation)® « ‘The essential feature of the Paranoid Type of Schizophrenia, Paranoid Type, is A. Preoccupation with one Or more delvelens or frequent auditory hallucinations. B. None ofthe following is prominent: disorganized speech, ‘Gigosganized or catatonic behavior, or flat or inappropriate affect. (Source: DSM-IV-TR, Page 314.)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 87 In addition to experiencing some of the aforementioned psychiatric symptoms for a protracted period of time,’ Mr. Eastwood has experienced social and occupational dysfunction.® In sum, the information I reviewed leaves virtually no doubt that at the time of the instant offense, Bruce Eastwood had a serious mental illness. Moreover, notwithstanding the Defendant's history of cannabis and alcohol use, neither of these substances played a role in his mental state at the time of the offense.” Notwithstanding the aforementioned diagnostic conclusions, given the medicolegal context of this matter, I would be remiss if I did not consider a diagnosis of malingering. The DSM-IV-TR describes malingering as the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding military duty, avoiding work, obtaining financial compensation, evading criminal prosecution, or obtaining drugs. According to the DSM- IV-TR, Malingering should be strongly suspected if any combination of the following are noted: ? Continuous signs of the disturbance persists for at least 6 months. This six month period must include at least 1 month of symptoms (or less if successfully treated) that meet criterion “A” (Le, at active-phase symptoms) and hay Include periods of prodromal or residual symptoms. During these prodromal or residual periods, the signs of Gisturbance may be manifested by only negative symptoms or two or more symptoms listed in Criterion "A", resent in an attenuate Form (eo lets, unusual percept experiences), (Source: DSM-IV-TR, Page 2.) * For a significant portion of the time since that onset ofthe disturbance, one or more major areas of functioning such a work, interpersonal relations, or self-care are markedly below the level achieved prior to the onset (or wwtien the onsets in childhood or adolescence, failure to achieve expected leve! of interpersonal, academic or ‘occupational achievement). (Source: DSM-IV-TR, Page 312.) + although @ toxicology screen was not done following his arrest, separate and apart from Mr. Eastwood's se report, there Is no substantive data to indicate that alcoho! consumption and/or ict drug use had a role In effecting his mental state on February 23, 2010.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 88 a. Medicolegal context of presentation (e.g., the person is referred by an attorney to the clinician for examination) b. Marked discrepancy between the person's claimed stress or disability and the objective findings c Lack of cooperation during the diagnostic evaluation and in complying with the prescribed treatment regimen d. The presence of Antisocial Personality Disorder To be sure, Bruco Eastwood has an incentive and a motivation to feign a psychiatric illness. However, when viewed in the context of his psychiatric history, in addition to his writings and the observations of those persons who interacted with him during the years, months, weeks, days and hours prior to the offense, as well as subsequent to the offense, it is apparent that he has a serious mental illness. Moreover, even if all of the information I reviewed was the result of faulty observations of lay people and/or disingenuous self-reporting, Mr. Eastwood’s behavior and interactions during his 3.4 hour video recorded interview with Investigators Gove and Gibson is demonstrative of someone who has a serious mental illness. For example, separate and apart from his verbal interactions, when investigators were not in the room, Mr. Eastwood is observed responding to internal stimuli. In addition, records from Correctional Healthcare Management describe diagnosing and treating Mr. Eastwood for a serious mental illness following his arrest for the instant offense. (Bates Nos. 005601 - 005657) Notwithstanding the aforementioned opinions, Mr. Eastwood has been known to prevaricate in an attempt to extricate himself from aScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 89 predicament."°*? Moreover, I cannot rule out the possibility that when the Defendant met with Dr. Martinez he malingered amnesia for select elements of his role in the instant offense.” To review, when Mr. Eastwood met with investigators: + He inquired about the welfare of the victims (Exhibit “a”, Bates No. 006274), acknowledged shooting the students (“Just walked up to ‘em with a 30 ought - 30/30 gauge and just shot ‘em” (Exhibit “A”, Bates No. 006296), knew that he shot, “Boys. Girls” (Exhibit "A”, Bates No. 006297) and said that he “just” chose the “closest target first.” (Exhibit "A”, Bates No. 006297) . Mr. Eastwood said he aimed his first shot at “Just a group of kids. A girl.” He denied aiming at anyone in particular - “No. Just a group of kids and there was one girl standing there and she looked straight down the gun, I pulled the trigger, bam it went through her and like - bullet through - it went right through here I think her arm or right through her side and she screamed and kids just scattered...”. (Exhibit "A”, Bates No. 006305) © on October 30, 1998, Bruco Eastwood provided Police officers from the Arvada Police Department with an ales (shavn David Keys") because there was an outstanding warrant for his arrest Re: Consumption of alcohol by @ ‘minor. (Bates No. 003773 - 003776) Both War Eagle Eastwood and Jeffrey Ella talked about vandalism to thelr respective properties. (Vandalism that almost assuredly was committed by Bruco Eastwood in response to psychotic symptoms.) When they would Siscuss bre vandelism with the Defendant, he wauld conjure up several explanations, none of which seemed Dlausible. Suffice Ito say, since his arrest War Eagle Eastwood's property and Mr. Ela's property have not been Vandalized. (Exhivit ges 23 ~ 25; and Exhibit “D-14", Pages 4 - 7) 2 The presence of a psychiatric disorder and malingering are not mutually exclusive.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 90 . Mr. Eastwood also said that he was “...aiming the shot at a boy. The kid in the back. He was running.” (Exhibit "A", Bates No. 006306) . Mr. Eastwood thought he “hit” the boy “in the back somewhere” and recalled that after the “girl” was shot, she ran whereas “the boy” - “fell”. (Exhibit "A”, Bates No. 006306 - 006307) + Mr. Eastwood told investigators that when he fired the weapon it was his intent to be accurate and to kill the subjects. (Exhibit "A", Bates No. 006308)"* When he met with Dr. Fukutaki: + Mr, Eastwood said, “I turned and leveled the gun at those kids.” However, he also denied aiming at any one person. (Exhibit "B", Bates Nos. 005582 - 005584) Despite the aforementioned admission(s) to Jefferson County Sheriff's Office Investigators and Dr. Fukutaki, when he met with Dr. Martinez in September 2010, Dr. Martinez wrote: “He denied specific memories of shooting the rifle or of injuring two children. His next memory reported was of the teacher, Mr. (sic) Benke, “Strangling” him and being on the ground.” (Exhibit "C”, Bates No.005471) In addition to being selectively amnestic for certain elements of his behavior and despite (as I explain in greater detail below) engaging in a series of goal directed behaviors leading up to the instant offense, Mr. © He also sald *...At this point, I'm completely crazy.” (Exhibit "A“, Bates No, 006308)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 91 Eastwood told Dr. Fukutaki that he *...didn’t plan it out.” (Exhibit "B", Bates Nos. 005582 and 005584) In light of the aforementioned inconsistencies and notwithstanding the fact that Bruco Eastwood has Schizophrenia, Paranoid Type, I cannot rule out the possibility that when he met with Dr. Martinez and Dr. Fukutaki, he malingered amnesia for select elements of his role in the instant offense. 2. Issue of Forensic Opinion(s): C.R.S. §16-8-101.5 states that: (1) The applicable test of insanity shall be: (a) (b) A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or a passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred or other motives and kindred evil conditions, because when the act isScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 92 induced by any of these causes, the person is accountable to the law; (2) As used in subsection (1) of this section: (a) “Disease or defective in mind” does not refer to an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (b) “Mental disease or defect” includes only those severely abnormal mental conditions that grossly and demonstrably impair a person's perception or understanding of reality and that are not attributable to the voluntary ingestion of alcohol or any other psychoactive substance but does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. (3) This section shall apply to offenses committed on or after July 1, 1995. It is my opinion, to a reasonable degree of medical certainty, that on the date in question, Bruco Eastwood had a mental disease or defect, namely Schizophrenia, Paranoid Type. However, whether or not Mr, Eastwood was so diseased or defective in mind at the time of the commission of the acts that he was incapable of distinguishing right from wrong with respect to his acts and whether or not he suffered from a condition of mind that prevented him from forming 4 culpable mental state that is an essential element of a crime charged, requires an analysis of his pre-offense, offense and post-offense behavior.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 93 A. Pre-offense behavior: In the week leading up to the commission of the instant offense, the Defendant was showing clear signs of suffering from a serious mental illness. Investigative reports, Mr. Eastwood's journal writings, in addition to information I secured from collateral interviews indicate that the Defendant was experiencing psychotic symptoms. Nonetheless, Mr. Eastwood’s behavior during the 24 hours leading up to the instant offense was goal directed, organized and purposeful. To wit: * — Onthe afternoon of February 22, 2010, Mr. Eastwood went out with his father and had an alcoholic beverage.”* * — Onthe morning of the offense, Mr. Eastwood took his father’s rifle and ammunition. * Around mid-day Mr. Eastwood drove approximately 12.6 miles from his father’s residence to Dick’s Sporting Goods. * Mr. Eastwood purchased ammunition at Dick’s sporting Goods.’® «After he left Dick’s Sporting Goods, Mr. Eastwood drove approximately 41 miles to 44 War Eagle Eastwood drank at the VFW in Brighton. He gave his son $3.00 to buy a drink across the street at Barry's Bar and Gril. (Exhibit "O-1"; Pages 4 ~5) 15 {his interview with Investigators Gove and Gibson Mr. Eastwood volunteered that in addition to purchasing aranuniion‘on February 23, 2010, he had previously purchased ammunition on another occasion at Dick's Sporting Goods. (Exhibit "A%, Bates No, 006299)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 94 the McDonald’s Restaurant located at 7509 S. Alkire, where he purchased two hot and spicy McChicken sandwiches. * Subsequent to eating at McDonald's, Mr. Eastwood drove approximately 2.3 miles to Deer Creek Middle School. * Once at Deer Creek Middle School, Mr. Eastwood parked his vehicle in a parking lot across the street from the school. . Mr. Eastwood subsequently moved his vehicle to the parking lot on the grounds of the Deer Creek Middle School campus. . Before entering the school, Mr. Eastwood waited until a vehicle from the Jefferson County Sheriff's Office left the premises. * After he was asked to do so, Mr. Eastwood signed in at the Deer Creek Middle School. * While at Deer Creek Middle School, Mr. Eastwood engaged in conversations with the front office staff. * Subsequent to speaking with front office personnel, Mr. Eastwood exited the building still wearing a visitor badge from Deer Creek Middle School.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 95 * Before returning to his vehicle, Mr. Eastwood approached three students from D’Evelyn High School who were waiting for another bus to arrive to take them home. Mr. Eastwood asked these students if they went to Deer Creek Middle School. When he was advised that they did not, Mr. Eastwood asked them where they did go to school. The students explained that their school was across the street from a jail. Mr. Eastwood responded by telling them that they went to a “prison school” and laughed. (Bates No. 4054 - 4055; and 004059 - 004060) * Mr. Eastwood subsequently returned to his vehicle where he obtained his father's firearm which he had secreted in the back seat of his vehicle and walked towards the front of the school. B. The Instant Offense:** * With his firearm at his side, Mr. Eastwood walked toward a group of students who were gathered in front of the school. * With his firearm at his side, Mr. Eastwood asked the students if they went to Deer Creek Middle School. + pir. Eastwood spoke at length with Investigators (Exhibit “A, Bates Nos. 006293 ~ 006296; COS366; 4 Don Bosses mn adation to Drs. Fukutaki (Exhibt “8°, Bales Nos. 005581 — 005284) ang Nexto (Exit See ee 7248) about te anger and hatred he Narbored towards Deer Creek Mile School for percel iekeee tnak were allegedly perpetrated upon him when he was a student a the schoolScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 96 . Mr. Eastwood then shot Reagan Weber. «Either immediately prior or subsequent to shooting Reagan Weber, Mr. Eastwood allegedly yelled, “All you fuckers are dead!” (Bates No. 001963) or “You're all gonna fuckin die!” (Bates No. 001966) or “All you fuckers are going to die.” (Bates No. 001934) . Mr. Eastwood then turned and shot Matthew Thieu. « — After shooting Matthew Thieu, Mr. Eastwood tried to reload his weapon but the weapon jammed, at which point Mr. Eastwood was subdued by school personnel. Cc. Post Offense Behavior: * Shortly after he was subdued, Mr. Eastwood informed those individuals that were detaining him that they were using excessive force and that they should be concerned about civil litigation. * Subsequent to his transport to the Jefferson County Sheriff's Office, Mr. Eastwood met with Detectives for approximately 3.4 hours, and talked about the planning and forethought that went into the commission of the offense. (Exhibit "A”, Bates Nos. 006296 = 006301; and 006319 - 006321)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 97 . On at least four different occasions during his interview with Jefferson County Sheriff Investigators, Mr. Eastwood talked about his appreciation of the wrongfulness of his actions. To wit: * Mr. Eastwood acknowledged that it is wrong and illegal to try and kill another human being. (Exhibit “A”, Bates No. 006309) ° Mr. Eastwood acknowledged that it is wrong to shoot at another human being. (Exhibit "A", Bates No. 006318) . Mr. Eastwood told Investigators, “I knew if I did it one way or another I was going to be dead or in jail.” (Exhibit "A”,” Bates No. 006353) . Although non-responsive to a question about whether or not he knew what he did at the time was wrong, Mr. Eastwood did state, “I now know what I did was wrong.” (Exhibit "A", Bates No. 006358)” 17 When he met with Dr. Fukutakl, Mr. Eastwood denied ever attempting to stab or rape someone because Ne ener wae een He sis told Dr. Fukutaki that prior to the Incident at Deer Creek Middle School, he had not Lae eae ometder wnether shooting someone was right or wrong but "He claified that after the shooting he Peallzed what he had done was wrong.” (Exhibit "8", Bates No. 00584)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 98 Issue Re: Whether Or Not Bruco Eastwood Was Incapable of Distinguishing Right From Wrong: Whether or not Bruco Eastwood was so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to those acts requires an analysis of the data which speaks to his ability and inability to distinguish right from wrong. With respect to that information which speaks to the Defendant's ability to distinguish right from wrong: . Mr. Eastwood waited until a Jefferson County Sheriff Deputy vacated the school grounds before he entered the school. (Exhibit "A”, Bates No. 006300) . When Mr. Eastwood entered the school for the first time, he did not have his firearm by his side. . When Mr. Eastwood was directed to the front office, he had the presence of mind to engage in superficial dialogue with the front office staff."* . Mr. Eastwood secreted the firearm used in the instant offense in the back seat of his vehicle which in light of the fact that he was driving a two-door late model Cougar - meant that the weapon was not in plain view.” —_—_ 1» ype unknown if Hr Eastwood used 2 ruse to dialogue with front office staff while he waited for school to Be dismissed. «+ crime scene photographs also show what appears tobe a camouttage bag alongwith an empty styrofear shel 0 Erie soene photo eine bock seat of is car Tis unclear If this bag was used to carry the weapon and/or Conceal the weapon. (DSC_7514; 7531; 7522 and 7523)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 99 . During his interview with Jefferson County Sheriff Investigators, Mr. Eastwood made several references that spoke to his appreciation of the wrongfulness of his conduct. The following data suggests that Mr. Eastwood was incapable of distinguishing right from wrong: . Mr. Eastwood's writings which memorialize his thought processes leading up to the commission of the instant offense are laden with psychotic ramblings. While at Dick’s Sporting Goods, Mr. Eastwood purchased the wrong ammunition for his father’s weapon.” . Mr. Eastwood made no attempt to wear a disguise or to conceal his identity.” . When Mr. Eastwood was asked to sign in at the school front office, he signed his name and did not use an alias. . Notwithstanding the fact that following his arrest, Mr. Eastwood asked about the status of his victims, and on several occasions, acknowledged the wrongfulness of his conduct, he also was trying to make sense of his actions. (Exhibit “A”, Bates Nos. 006341 and 006371) 2 itnough Hr, Eastwood purchased the wrong ammunition, during the commission of the offense, he used the Conese tition (and/or ammunition he previously Purchased) which he took from his father’s home. 2. However, this cout also mean that he planned to kill himself or that he believed he wes going to be kited. (See also Exhibit "A’, Bates No. 006353)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 100 . While the anger and hostility that Mr. Eastwood harbored about the treatment he received while a student at Deer Creek Middle School, was the motivation behind his conduct, I am unable to discern what drove him to commit the offense that day. Although there is conflicting testimony as to whether or not Mr. Eastwood concealed his firearm when he approached the school (Bates Nos. 001951; 002360; 000737; and 001934), there are several key pieces of behavioral evidence which suggest that despite having a mental disease or defect, he was able to distinguish right from wrong with respect to his acts and may be far more less naive than he presents.” That said, in this particular case, absent an interview with the Defendant (that is not poisoned by his prior knowledge of the questions raised in this report), I am unable to opine, to a reasonable degree of medical certainty, as to whether or not he was so diseased or defective in mind at the time of the commission of the acts as to be incapable of distinguishing right from wrong with respect to his acts on February 23, 2010. Issue Re: Whether Or Not Bruco Eastwood Was Unable To Form A Culpable Mental State That Is An Essential Element Of A Crime Charged: In order to ascertain whether or not Mr. Eastwood suffered from a condition of mind caused by a mental disease or defect that prevented him from forming the culpable mental state that is an essential element of a crime charged requires a familiarity with the essential elements of each count. To review, Mr. Eastwood is charged with Criminal Attempt First Degree Murder (four counts), Assault in the First Degree Assault (four counts), Child Abuse Resulting in Serious Bodily Injury (two counts) and 2 A crime scene photograph taken In the Defendant's bedroom depicts a 2005 calendar of the Denver Bronco cheerleading squad that was signed by two Bronco cheerleaders. It's addressed "To: Criminal Mind (BO).” (72240049)Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 101 Unlawful Possession of A Weapon on School Grounds (one count). More specifically: CRIMINAL ATTEMPT MURDER IN THE FIRST DEGREE On February 23, 2010, Bruco Strong Eagle Eastwood, by engaging in conduct constituting a substantial step toward the commission of Murder in the First Degree, BRUCO STRONG EAGLE EASTWOOD, unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than himself, attempted to cause the death of Matthew Thieu; in violation of sections 18-2-101- and 18-3-102(1)(a), C.R.S. COUNT 2-CRIMINAL ATTEMPT MURDER IN THE FIRST DEGREE F2 On February 23, 2010, Bruco Strong Eagle Eastwood, by engaging in conduct constituting a substantial step toward the commission of Murder in the First Degree, Bruco Strong Eagle Eastwood unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly engaged in conduct which created a grave risk of death to a person or persons, other than himself, and thereby attempted to cause the death of Matthew Thieu; in violation of sections 18-2-101 and 18-3-102(1)(d), C.R.S. COUNT 5-CRIMINAL ATTEMPT MURDER IN THE FIRST DEGREE {F2) On February 23, 2010, Bruco Strong Eagle Eastwood, by engaging in conduct constituting a substantial step toward theScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 102 commission of Murder in the First Degree, Bruco Strong Eagle Eastwood, unlawfully, feloniously, after deliberation, and with the intent to cause the death of a person other than himself, attempted to cause the death of Reagan Weber; in violation of sections 18-2-101 and 18-3-102(1)(a), C.R.S. COUNT 6-CRIMINAL ATTEMPT MURDER IN THE FIRST DEGREE (F2) On February 23, 2010, Bruco Strong Eagle Eastwood, by engaging in conduct constituting a substantial step toward the commission of Murder in the First Degree, Bruco Strong Eagle Eastwood, unlawfully and feloniously, under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, knowingly engaged in conduct which created a grave risk of death to a person or persons, other than himself, and thereby attempted to cause the death of Reagan Weber; in violation of sections 18-2-101 and 18-3-102(1)(d), C.R.S. COUNT 9-ASSAULT IN THE FIRST DEGREE (F3: On February 23, 2010, Bruco Strong Eagle Eastwood, with intent to cause serious bodily injury to another person, unlawfully and feloniously caused serious bodily injury to Matthew Thieu, by means of a deadly weapon, namely: a rifle; in violation of section 18-3-202(1)(a), C.R.S. COUNT 10-ASSAULT IN THE FIRST DEGREE (F3 On February 23, 2010, Bruco Strong Eagle Eastwood, under circumstances manifesting extreme indifference to the value of human life, unlawfully, feloniously, and knowingly engaged inScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 103 conduct which created a grave risk of death to another, and thereby caused serious bodily injury to Matthew Thieu; in violation of section 18-3-202(1)(c), C.R.S. COUNT 11-ASSAULT IN THE FIRST DEGREE (F3° On February 23, 2010, Bruco Strong Eagle Eastwood, with intent to cause serious bodily injury to another person, unlawfully and feloniously caused serious bodily injury to Reagan Weber, by means of a deadly weapon, namely: a rifle; in violation of section 18-3-202(1)(a), C.R.S. COUNT 12-ASSAULT IN THE FIRST DEGREE (F3 On February 23, 2010, Bruco Strong Eagle Eastwood, under circumstances manifesting extreme indifference to the value of human life, unlawfully, feloniously, and knowingly engaged in conduct which created a grave risk of death to another, and thereby caused serious bodily injury to Reagan Weber; in violation of section 18-3-202(1)(c), C.R.S. COUNT 13-CHILD ABUSE RESULTING IN SERIOUS BODILY INJURY (F3. On February 23, 2010, Bruco Strong Eagle Eastwood, unlawfully, feloniously, knowingly, or recklessly caused an injury to, or permitted to be unreasonably placed in a situation that posed a threat of injury to, the life or health of a child, namely: Matthew Thieu, that resulted in serious bodily injury to the child; in violation of section 18-6-401(1)(a),(7)(a)(II1), CRS.Scott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 104 COUNT 14-CHILD ABUSE RESULTING IN SERIOUS BODILY INJURY (F3 On February 23, 2010, Bruco Strong Eagle Eastwood, unlawfully, feloniously, knowingly, or recklessly caused an injury to, or permitted to be unreasonably placed in a situation that posed a threat of injury to, the life or health of a child, namely: Reagan Weber, that resulted in serious bodily injury to the child; in violation of section 18-6-401(1)(a),(7)(a)(II1), C.R.S. COUNT 15-UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL GROUNDS (F6' On February 23, 2010, Bruco Strong Eagle Eastwood, unlawfully, feloniously, and knowingly carried, brought, or had in his possession a deadly weapon, namely: a rifle, in or on the real estate and all improvements erected thereon of a public or private middle school, namely: Deer Creek Middle School; in violation of section 18-12-105.5, C.R.S. Reduced to their most basic elements, each of the above captioned Counts have at least one of the following: * After deliberation and with intent * With intent * Knowingly Whether or not Mr. Eastwood acted after deliberation and with intent, with intent, or knowingly is ultimately up to the finder of fact. That said, despite having a mental disease or defect, it is my opinion, to aScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 105 reasonable degree of medical probability, that Bruco Eastwood's behavior during the hours leading up to the offense, during the offense and following the offense (including his video recorded interview) is illustrative of a person who did not suffer from a condition of mind caused by a mental disease or defect that prevented him from forming a culpable mental state that is an essential element of a crime charged. In sum, I offer the following opinions, to a reasonable degree of medical certainty: 1. At the time of the instant offense, Bruce Eastwood had a serious mental illness namely, Schizophrenia, Paranoid Type; 2. Notwithstanding Bruco Eastwood's history of cannabis and alcohol use, neither of these substances played a role in his mental state at the time of the offense; 3. Notwithstanding the fact that Bruco Eastwood has Schizophrenia, Paranoid Type, I cannot rule out the possibility that when he met with Dr. Martinez and Dr. Fukutaki, he malingered amnesia for select elements of his role in the instant offense; 4. There are several key pieces of behavioral evidence which suggest that despite having a mental disease or defect, Bruco Eastwood was able to distinguish right from wrong with respect to his acts. That said, in this particular case, absent an interview with the Defendant (that is not poisoned by his prior knowledge of the questions raised in this report), I am unable to opine, as to whether or not he was so diseased or defective in mind at the time of the commission of the acts as to beScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 106 incapable of distinguishing right from wrong with respect to his acts on February 23, 2010; and 5. Despite having a mental disease or defect, it is my opinion, to a reasonable degree of medical probability, that Bruco Eastwood’s behavior during the hours leading up to the offense, during the offense and following the offense (including his video recorded interview) is illustrative of a person who did not suffer from a condition of mind caused by a mental disease or defect that prevented him from forming a culpable mental state that is an essential element of a crime charged. My opinions are based on the information listed at the beginning of this report and included in the body and appendix of this report. The reader should take note that the information included in the transcripts of the collateral interviews is an attempt on the part of my transcriptionist to accurately reflect the subject’s responses to my questions. In the event I am provided additional information, I reserve the right to modify my opinions. To this end, I ask that you send me additional discovery as it becomes available. Thank you for allowing me to participate in this most interesting case. Do not hesitate to contact me at 480-281-1638, if I can be of any further assistance. Respectfully submitted, Shea. .2r/r0/n Steven E, Pitt, D.O. Diplomate, American Board of Psychiatry and Neurology with Subspecialty Certification in Forensic PsychiatryScott W. Storey, District Attorney Steve Jensen, Chief Deputy District Attorney Alexis King, Deputy District Attorney Re: The People of the State of Colorado v. Bruco Eastwood January 28, 2011 Page 107 Enclosures: Transcript of Bruco Eastwood's interview, conducted by Jefferson County Sheriff’s Office Investigators (Exhibit "A”) Report of Forensic Psychiatric Evaluation completed by Karen Fukutaki, M.D. (Exhibit "B’) Report of Forensic Psychiatric Evaluation completed by Richard Martinez, M.D., M.H. (Exhibit “C”) Transcript of Collateral Interviews conducted by Steven E. Pitt, D.O. (Exhibits “D-1” - “D-30”) Notes from Collateral Interviews conducted by Steven E. Pitt, D.O. (Exhibits “E” ) Chronological Records Summary (Exhibit "F”) Curriculum Vitae of Steven E. Pitt, D.O. (Exhibit "G”)