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Witnesses take stand in Rambo trial

by KAYE THORNBRUGH
Staff Writer | March 3, 2021 1:08 AM

COEUR d’ALENE — A key witness in the trial of accused Fourth of July shooter Tyler Rambo admitted he previously lied to police and under oath when he took the stand Tuesday.

Rambo, 19, is charged with attempted murder in the second degree and aggravated assault, both felonies.

The charges stem from the July 4, 2019, celebration at City Park in Coeur d’Alene, when police said Rambo, who was 18 at the time, waved a gun and fired a round. He is accused of pointing a gun at police before they shot him.

Rambo lost both legs as a result of the shooting.

Seven witnesses testified Tuesday, including Spokane resident Jawaun Anderson, who Rambo allegedly attempted to shoot.

Anderson said in court Tuesday that he and Rambo had a physical fight at a party about a week before July 4. They ran into each other again in City Park after the fireworks show ended.

“I kind of tapped him on the shoulder and said what’s up,” Anderson said.

Anderson said he turned his head when he heard an unidentified person call his name. When he looked back, he said Rambo punched him in the face.

Defense attorney Rick Baughman said Anderson previously testified that Rambo “sucker punched” him while his head was turned the other way.

Spokane resident Jazmin Smith, who was dating Anderson at the time and was with him on July 4, said in court Tuesday that she did not see the beginning of the altercation because she was walking with her eyes closed.

She said her eyes were shut until a fight broke out.

“(Rambo) was hitting (Anderson) and (Anderson) was trying to fight back,” she said.

Smith then hit Rambo, who pushed her to the ground, Anderson said.

He and Rambo grappled on the ground, he said, until Rambo pulled a revolver out of his hoodie. Anderson said he was kneeling above Rambo when the gun appeared, and Rambo’s finger was on the trigger.

“I thought he was going to shoot it,” Anderson said.

Anderson said he saw a flash as the gun went off and hit the barrel in time to redirect the bullet, which shot past his head.

When he testified during a preliminary hearing in October 2019, Anderson reportedly said the first time he saw the gun was when it was close to his face, not when Rambo initially pulled it out of his hoodie.

The pair got to their feet and struggled over the gun, Anderson said, which was pointed toward the ground.

Anderson said Rambo denied trying to shoot him intentionally.

“I told him he needed to run away,” Anderson said. “The police were going to shoot him.”

Someone yelled at them to freeze, Anderson said. He pushed Rambo away and dropped to the ground.

After the altercation, Anderson said he ran from the park, then returned to Spokane. He did not report the incident to police. Investigators reportedly contacted him about two weeks later.

When questioned by Baughman, Anderson acknowledged lying to investigators in July 2019 and lying during the preliminary hearing, though he did not specify what he lied about. He denied lying about Rambo or the shooting, however.

Smith said she had been drinking throughout the day and was “tipsy” during the altercation, but said that did not impede her ability to remember what happened.

Smith said Rambo waved the gun in her face before it went off. Rambo was standing when she saw the gun, she said, and she hit his arm.

“I believe (the gun) did fire when I hit his arm,” she said. “I don’t know if that’s what happened.”

Smith told Baughman that her recollection of the event was better when she testified in October 2019.

“I’ve tried to forget the situation,” she said. “This is a traumatic event for me.”

After the gun went off, Smith said she fell to the ground and closed her eyes.

That was where Spokane Valley resident Sam Henderson said he found her, after he heard a commotion and a “bang” that he initially thought was a firework.

Henderson said he saw “a group of individuals fighting in a circle” and saw a gun waved in the air. He drew his own concealed weapon as he approached, he said, and shouted an order to drop the gun.

The person with the gun ran, he said, and the others dispersed. Henderson said he checked on Smith, who was on the ground.

Coeur d’Alene resident Kyli Plank testified that she saw two men wrestling on the ground in City Park after the fireworks ended, though she couldn’t distinguish one from the other.

She said she used her phone to film the fight, before she heard a gunshot that made the crowd scatter. The video was played in court but was not visible to the audience.

Plank said she didn’t see a weapon during the fight.

“It’s not like one had a gun pointed at the other,” she said.

Henderson then approached the scene with gun drawn, she said, and she left.

Three Coeur d’Alene police officers testified Tuesday.

Detective Kyle Cannon said he was on foot patrol in City Park when he heard a “pop” and saw people fleeing. He ran toward the noise.

Cannon said he locked eyes with Rambo near a group of port-a-potties. Rambo ran, the officer said, and Cannon chased him toward the basketball courts, along with several other officers, including Officer Jacob Proctor.

Proctor said he recognized Rambo from previous interactions and called him by his first name.

“I told him to stop,” Proctor said. “I believe I said I was going to f—ing shoot him.”

Proctor said he saw “despair” on Rambo’s face as the officers who surrounded him repeatedly ordered him to drop the gun. Rambo was pacing, prosecutors said, and made no effort to drop the weapon.

Rambo’s hands were in the air near his head when an officer hit him with a Taser, Cannon said, and he was falling as the gun went off.

The prosecution said Rambo was in control of his arms while being shocked, and he leveled the gun and fired at nearby officers as he fell.

The defense said Rambo’s muscles were locked up. His body was at a 45-degree angle when the gun went off, Baughman said.

Cannon said he was scared for his life when he returned fire, almost immediately after Rambo’s gun went off.

Proceedings will continue this morning.