Who is that? Witness Mister Anderson? Sandra me? MS me, would you please come forward? Uh please face the clerk, raise your right hand and she'll administer the oath. Please have a seat in the witness chair. Mr Anderson. Can you please state your first and last name? Sandra and Sandra? Do you work? Um Where, what city and state do you live in? I live in Lakeville, Minnesota and obviously, you know Nikolai Me. Yes. Where did you guys, where did you two meet at work? And is that Richie engineering? Were you tubing with Nikolai on July 30 2022. Were you with a group of people? I'm sorry, what were you with a group of people? Yes, I'm heading. It's been marked as exhibit 12. You can take it. Are those the people you were tubing with? Yes. Ok. Um Move to admit and publish any objection to 12. No objection. And Sandra, can you see that? Do you go by Sandy or Sandra? Sandy? Ok. Far left person. Who is that? It's Ariel. And how do you know Ariel? He's Ernesto's nephew in Ernesto used to work with us. OK. How many times were you and Nick or just Nick, close friends with Ariel just met him. Um, we sort of were close friends with them. We'd go over to Amy and Nestor's house and he would be there. Ok. And how about the woman next to Ariel? I don't know him. Know her very well that Ariel's girlfriend. Ok. And then, um, guy third from, right. I don't know him. That was the first time he had been there. Ok. And then that's Nikolai next to fourth from, right. Yes. Ok. Where are you in this for? I'm in the inner tube in the middle. Ok. And then where's Ernesto? Ernesto is in between Amy and Rosie? Ok. I'll go back. Yeah, everyone can see it. Can you still see it? Yeah. Sure. Ok. And who's Rosie? Rosie is Ernesto's sister? And how do you know Ernesto and Rosie? I know Ernesto because we worked with him. Rosie's been over at her house when we would go over there. And how long have you known Ernesto? Um, I, I don't even know 10 some years. Probably, maybe a little bit more. 10 to 15. I go 10 to 15. Ok. Do you guys, you and Nick, would you socialize with them a lot? Yes, we'd go to their house. Would they come to your house? Yes. Ok. So decent, close to close friends. Yes. How about Amanda or Amy? That's Ernesto's wife. Ok. You know her pretty well too. Yes. And Tatiana did you know her. I only knew her a little bit. I met her a couple of times when we'd go over to Amy and Nestor's house. Ok. And same with peachy. I only met him when we'd go over there and I only met him maybe three times. Ok. And that's what, you know him as p Yes. Yes. Ok. Sorry, when you were tubing in the beginning, did Nikolai have a knife on him? I don't know if he did when we were tubing in the beginning at the start, he only did to cut the strings on the tubes and he went back to the Jeep and I thought he put it away. Um And as you guys were tubing, so you didn't see him put it there. You just thought he put it in the Jeep when he went back to the Jeep? And is that what he brought it for to cut the string? Yes. So you could tie up at the beginning. Yes, actually. And Nestor called Nick and asked him to bring it so we could, he could cut the string. Did you, did your group stop on the way? Did you stop anywhere on the way while tubing? Why we were tubing? No. Did you stop before we got there? Yeah. Did you stop somewhere to eat or hang out on a beach or anything like that? Do you remember telling law enforcement you stopped and you're eating for like 30 minutes or so? And using the bathrooms. That was why we were tubing. What do you mean? Can you explain that we were tubing down the river and there is a spot that is covered where they must have played a band or something there once in a while it was on the river while we were tubing, we stopped to eat. Gotcha. You thought I was asking about before tubing? Ok. Sorry. And did Nikolai have uh snorkel goggles with him? And was he snorkeling by a group of young guys at one point? I don't know, he just took the snorkel and went out there. Did you see him by a group of young guys at some point? I did later when the incident started and was there actually a couple of times that Nikolai went over to that group that I don't know for sure. Did you tell law enforcement that he went over there twice? I know he, I, I think he went to that group and he came back and then I didn't know he went back to that group until later I saw him over there. Ok. So he, he had gone to the group of the young guys came back and then at some point he went back there but you didn't see him go back there again? No, I didn't keep track of him. Ok. How, how long um was he back that you remember before you noticed he was gone again? I don't know maybe five minutes. I don't know for sure. Do you remember saying maybe 10 minutes I may have. And then when he went, judge, can we approach? Yes. And at some point did Ariel's foam get knocked in the water? I don't know how it went in the water. But yes. And do you remember in relation to the two times, Nikolai went over to those, the group of young guys, was it before the first time after the first time? Do you remember was what before or after? When the phone got lost? It was before? Ok. And was Nikolai looking for the phone? Yes. What, what were you guys doing? The rest of the group while Nicola was looking for the phone? I don't know what they were doing. I was busy sitting in the inner tube because I had a hard time getting out of it and I was just looking at the sky and the trees and just relaxing and enjoying my day. You guys, I mean, your group was kind of by a sandbar. Is that right? Ok. And when Nikolai was back at the group of young guys, the second time did something catch your attention. I happen to every once in a while I'd sit up in my tube just to see where Nick was at. And the one time I did that, it looked like there was people around him and all of a sudden I saw him on his hands and knees in the water and somebody was hitting him, didn't you originally say that the first thing you noticed was all the young guys jumping out of their tubes. I may have. And it's that, that point that you alerted your group and sent some people over there or ask some people to go over there. Yeah, I had asked two of them. And who are those two people? Ariel and Ernesto. Ok. And again, Ariel, in the group photos on the far left. Yes, he's with the red, white and blue. And Ernesto is the guy the only one without a shirt off in that photo. Yeah, it's on the other side. It's like second from where I'm at at on that side. OK. And so you saw and just to clarify, this is the second time Nicola is at the group that you see them jump up. Yeah. OK. And do Ernesto after you see the boys jump up and you alert the group. Do Ernesto and Ariel start walking over there? Yes, Ariel went first and then Ernesta went and then I think you said the next thing you remember was he's or saw was he was on his hands and knees in the water and somebody hit him and then did you see anything after that? I did not. And how at some point aft what, what do you remember happening after that? They just brought him back and I saw the police come and people were screaming and um kid was by a tree, I guess. And later because we stayed there for about 20 minutes and I'm gonna get to that in a second, but I just wanna back up a little bit. So you said they brought him back. Did Nikolai come back before or after or with Ernesto and Ariel? If you remember with them? I think, did you actually see Nikolai walking back from the group or did you just, was he just there? Like next thing you notice I saw him coming, I didn't see him leave that group. I saw him. No walking back and were you watching him the whole time? He was walking back. Not at the beginning when he left the group? I didn't see that. And did you watch him? So I just wanna make sure I'm understanding the last sheet of paper. Yes. Um One of the Bailiffs I think there's another pack just outside the store leaning up against the wall. Let's take that one down. We need to mark it in any event. So if this is the river. Mhm. Let's say this is the sand bar. OK. You with me. Mhm OK. Were you, you guys are somewhere around here? Yeah, right next to it. OK. In the water. Mhm. Yes. OK. Like right here. Yup. OK. And then the, do you remember where the young boys were or young kids or? Yeah, they were on that side, the other side of the river. Yes, they weren't on the same side we were on and they were, they downstream ways. Yes. Ok. So. Right. I mean, there's no scale. So, yeah, I'll just draw them generally here. So, at some point, Nick, I walked back and you said you didn't see him when he left at first? Do you know, like, uh, if, if, you know, I don't want you to guess that, like, if, when he was halfway, did you start to watch him come back when he was almost back to your group? Um, probably a little less or a little more than halfway? Ok. So maybe like around here. No, the other way. Probably. So I'm about in there. And did he walk straight back to your group from there? Yes. And you watched him walk back? Yes. Ok. Do you remember you met with essentially the people sitting at this table prior to testifying? Is that right? And do you remember saying in that meeting that you weren't watching him when he walked back the whole time? Yes. Ok. So, do you know which one it is? Yes. I probably didn't watch him the whole time. Ok. And after Nikolai was back by you, your group, what did you see? What did you hear? Not, not amongst your group but downriver. Um, there was a lot of commotion down there. Um I saw, um, the police arrive, I saw someone, I didn't really see the person laying by the tree but I saw somebody give him that person. CPR. Yeah, let me ask a question about that. So, the person who is getting CPR, was that on the other side of the river from you? Yes, it was by where the other people's troops were. So, somewhere down here. Yeah. And did you see that CPR going on? You said you were there about 20 minutes? Yeah, I think it was about 20 minutes. I don't know for sure, but it seemed like 20 minutes. I was somebody getting CPR on the shore that whole time. Um, pretty much. Ok, about 20 minutes. Did you see it and the commotion? Um, can you describe the commotion? Um, people were more frantic, it seemed, um, they were just going to people that needed help and what do you mean needed help? Did you see people who are injured? No, just, I, like I said, I didn't see the one by the tree either. I'm just assuming. But no. So what did you, what did you see to know they're doing CPR? I saw somebody pushing up and down on the person's chest. Ok. Did you see blo I did not. And so you said you saw law enforcement arrive and do you remember seeing a couple of officers in the water? Is that, is that what you remember as far as law enforcement that you saw before you guys left? Yes, there may have been an ambulance but I'm not sure. Do you, do you remember telling us in the meeting that you saw a police su va couple of officers in the water and no ambulance? Yes, I do remember that. Ok. So did anyone from your group once Ariel Ernesto and Nikolai are back with you? Did anyone walk over to where the commotion was going on? I heard somebody did, I didn't see him prior to the incident. I'll call it was the what was the atmosphere like among your group? Were you guys drinking, listening to music? We were listening to music until the phone got lost because that was the one that was playing the music on. Um, some of them were drinking. OK. Was Nikolai drinking? He had about two beers about just an estimate. You were the designated sober driver home, right? Yeah, I was just drinking water and that was preplanned that you would be the one to drive home. No, it was not preplanned. And then after the incident, what was the mood like when you're tubing down the river? And I'm not, I'm not asking what was said, but while you're tombing down the river was Nikolai talking, he was, I think he was talking to Amy but I'm not positive I didn't look to see. So when you fair to say when you guys tube down, the person was still getting CPR I don't remember. There's the scene was the scene still chaotic. I don't think it was back then. No, no, but it was before ambulances arrived. Right? I don't know for sure. Well, you said you saw police ev two officers in the water? No, I didn't, I don't know for sure. I didn't pay attention. But I told you before there was no ambulance. So I guess not. Ok, you'd agree that when you told us that we just asked you to tell us what you remember. Right. We weren't and prior, no, but you know, I've been trying to block this out. So since even since I talked to you, I don't remember, I'm not gonna sit here and read the transcripts you gave me, I don't remember. Um I imagine that I, I want to be respectful. I imagine this is extremely difficult for you. So when your group left, we had to, to buy the spot where the incident happened. Right? Mhm Yes. Yes. Since this incident, you've had conversations with Nikolai about briefly about some parts of the incident. Agreed. Yes. And Nikolai has expressed to you frustration with you and your group because you didn't hear him yelling for help, right? And he cast some blame on you and your group for not coming in response to his yells for help and you responded, you couldn't hear any yells for help. No, couldn't hear it. Not over the water. Nick's knife. Um You described it as you believed it was a silver blade, black handle, folding knife. Do you remember that? I don't remember. It could have been. And you describe that I had a clip on a, a clip on the knife, right? And he'd clip it into his lower pocket on his shorts and Nikolai is right-handed. Right? He's right-handed. Do you remember telling law enforcement that you heard screaming? I don't remember. I may have, I just don't remember. You. Um, would it refresh your memory to see a transcript? Yes. OK. Does that refresh your memory? No, but it says it. So I must have said it when the, when you saw CPR being done on the shore was the, was the rest of your group looking in the same direction watching what was going on? I'm assuming. So found sustainable. You're there for 20 minutes, I guess. Just wait till the objections. That's fine. I'm sorry, I didn't hear the objection. I objected. I hadn't finished. Ask the question and we'll start over. So you were there for, you estimate about 20 minutes with the other people from your group as you were there. Did you make observations about the people in your group? No, no, you didn't see anything that anyone was doing or looking at. Where were you? OK. And what about Nikolai? Did you see where he was looking? No. Did you see what he was doing? No. So Nikolai walks down to the, I'm talking about the second time. Now, the group of young guys, you see him get hit when he's down on his hands and knees, he eventually comes back and you're not paying any attention to what Nikolai is doing. May we approach? So during that 20 minutes, were you watching after everything you've testified about during the 20 minutes, you're there? Were you at, were you paying any attention to Nickolai? I don't recall. I must have at some point. I just don't recall. The, did Nikolai have any injuries that you saw? I didn't notice any, but I didn't pay attention either. And the people that Nikolai was down by downstream were they bigger? Smaller, same size as Nikolai? Um I noticed some of them were skinnier. Some of them were bigger. They were all younger. Do you remember telling law enforcement that they're all smaller than Nikolai. Nikolai is a big guy? No, I don't remember saying that. But if I did, do you remember saying it didn't look like Nikolai got hit that hard? I don't remember. Mhm. When Nikolai came back after you saw him get hit, did you go to him, render any aid, anything like that? Did I go to him and render any aid or anything like that? I just made sure it didn't have any, I didn't see any blood or anything. So I'm assuming he was not too badly hurt. OK. Nothing else. Judge Mr Nelson. M me. Can you tell us when you and Nick got married? When? Yeah, it was June 4th 2011? Why did you marry him because I loved him? Still true today. Yes, it is. Um, over the, the course. And did you know him before? 2011? Yes, I met him. We started dating in 2008 and I met him at work a little before that. So, what did he do there at, at your place of employment? Who was an engineer? What type of engineer? Um, and you said it was a mechanical engineer. What did you do at the place of employment? I was a supervisor of a department of what department? Um I was a supervisor of the packaging department and it was through that, that you and Nick grew to know each meet each other and then know each other, right? It sounds like there's a group of other people that you guys got to know and hang out with from work, right? Um So you've known Nick since 2008? I know him a little before that maybe 2007. And during that time you uh eventually married him and lived with him, right? You worked with him often, you interacted with his work, uh him at work and at home, imagine you really knew this man. Would you agree that you know his character as to whether he's peaceful or violent? Yes. OK. Objection of a rule. So my question was, do you have an opinion as his character for Peacefulness? Nick is a very peaceful person. I want to ask you some other questions about what you know about Nick. OK. All right. Um Was there a time when? Mhm OK. That by no objection to what are the numbers? Um I'll go through them. I just wanted to publish and ask you when they're on the That's fine. Um We'll turn on the document examiner. Yes. Thank you, judge. So I'm gonna show you um some photos and ask you some questions about those. OK. Um This is exhibit number 106. You see that? Yes. What's that picture of? What a picture of Nick? And I, when is that from? Do you know, I don't remember the exact date. Um, probably about 2009, 2010. OK. And you might not know, but roughly where you at. Um I don't remember. We went to some park in, um for the day and just decided to take some pictures of us while we were there. Did you and Nick often enjoy outdoor activities? We tried to when we could. Sure. And so is this unusual in any way for you guys to be out someplace in the outdoors, enjoying yourselves? No, it's not showing you what's been marked as exhibit number 107. You see that sticker. Who's that? It's Nick and I, and our little boy Tiki, who's Tiki, our dog? All right. Um Ensuring you then picture 108. There's three different pictures there. Do you see those? Yes. Is that Nick at all of those? Yes. Is that Nick, uh, on the left hand side and the right hand side of those pictures of Nick working on some property you guys owned in South Dakota? Yes. Um, Nick a bit of a handyman. Oh, yes. Does he fix stuff around the house? Yes. Fix stuff around the yard. Yes. Is he good with tools? Yes, he is. Do his friends sometimes call him if they've got a, some sort of problem that they want fixed? Yes, he is the guy to go to. Yes. Does he solved it often with tools? Yes. Have you seen him carry a pocket knife before? Um, all the time you see him? You know, we, in this case, I think it's, we've called it a utility knife or a pocket knife, but it's a small knife that he puts in his pocket, right? Have you seen him use that before? Yes. Have you seen him solve problems around the house with that? Yes. Solve problems around the outside property with that? Yes. Have you seen other people ask him about, hey, Nick, can you do this? And he'll use the pocket knife to, to fix something or solve something? Yes. Showing you what's uh the marked as exhibit 109. See those three photos there. Yes. Uh Is that Nick? Yes, it is. Is that Nick in the hospital? On the two ones on the left. Yes. Why was Nick in the hospital? He had a quadruple bypass done. And when was that? Uh, I think it was 2020. Ok. And, um, you see in the one on the left and in the one on the right, he has some sort of, uh, red pillow that's on his chest. Do you recognize that? What was, what was the purpose of the red pillow? So, when he would sit up, he could hold that pillow against his chest to help prevent the pain. Ok. Um, how long was he in recovery as a result of that? Do you know? Um, I don't remember. I know he wasn't in the hospital long because I try and get you out right away. Um, if you remember if he was home 3 to 4 weeks afterwards, now you knew him well before 2020. Correct? And then you know him till today, sometime after the surgery, correct. Fair to say that since the surgery he's had some more limitations. Yes. On his physical ability. Correct. Yes. Um, he wasn't quite as fit as he was before. Would you agree? And, uh, maybe this happens to all of us men when we get in our fifties but appear to you that he lost some of his confidence in his fitness, lost some of his, uh, ability to think he could go off and do anything and that he's invincible. This certainly humbled him to that degree. And did he limit himself to some degree? He did to some degree. Yes. Did he at some point tell you, like, I just can't do this anymore or make complaints about his own fitness? No, Nick never did that. He wasn't a complainer. Not too much. No. And he tried, if he could do it one way or the other, he usually did it. Ok. All right. Problem solver. Yes. All right. Um, was he, did he, was he on any sort of like exercise regime that you saw him do or is he just somebody that stayed like active, working around the house? It was just active, working around the house. He's not like a jogger, a biker. No, a lifter or anything along those lines? No. Ok. Um, there were some questions about, um, alcohol use and before I get into, um, that day, just in general, Nick, a big drinker. No, not real big drinker. One. Occasionally he'll, he will, but not very often. He'll have a beer, a couple of beers and after work. Ok. On this day, were you concerned about his alcohol consumption on July 30th of 2022? No. Was he in any way? Did, did you seen him impaired on other days? Oh, I've seen him on that day. Was he in any way impaired? No. Were you worried about his, uh, uh, intoxication level in any way, shape or form? No. Um, and in your group, was there anybody in your group that was just like slamming drinks. No, they had beers that everybody shared them and I don't know how many they had but there was nobody that was intoxicated in our group like that. No. OK. Um, showing you what's been, uh, I think we talked before about that other exhibit. Now, here's exhibit 110. You see that photo? Yes. And, uh, is that Nick on the left? Yes, it is. OK. And I'm gonna, um, Nick there. Is that what he wore on the way to the, to tubing? Yes. Uh, his shorts, they are camouflage shorts. Does he have a lot of clothing in which is, you know, camouflaged? Yes. Ok. That's just kind of his, I don't want to say signature, but he's got camo clothes. Yes, he does lots of them. Ok. And, um, is it unusual for him when he's doing outdoor activities to wear some of those clothes that are made for outdoor activities? No, it's not unusual. Is it unusual for you to see him out and about in a camo shirt? No. And so that's what he wore there that day. Yes, we see in that picture there that he has a ball cap on. Is that right? Yes. And I think there's some other, uh the original picture here. Exhibit 12. He doesn't have the ball cap on. Is that right? He does not dare were there times when you guys were on the river that day that you saw him with the hat and the hat off? I didn't pay attention. Ok. Other than what's documented in the photos though, that you don't have any particular memory? No. Was it unusual? Would it be unusual for you to see him with a hat on? No, that's not unusual. Ok. He wears a hat pretty regularly. Yes. Ok. And then I think in both of these photos he's wearing sunglasses. Is that right? Um, yeah. Do you remember him wearing sunglasses on that day? Yes, I know he brought them with again on a fair to say that it was sunny out that day. Um, anything that you thought was unusual about your husband wearing sunglasses on a sunny day outside? No. Uh, were there times that you saw him take the sunglasses off? I didn't pay attention. He brought some snorkel and goggles though. Right? And there was certainly a time when he would, before this incident that we're going to eventually talk about. There were times that you saw him in the water using the snorkel and goggle. Correct? You didn't see that? Ok. So, has anyone ever showed you the photos or the video of him? Kind of just resting in the water with the snorkel and the goggles? Um, is that something that you've seen him do in the past? Um, well, he goes in the water but he usually doesn't bring the snorkeling and goggles with. He did this time only because I had mentioned that not to wear any jewelry because the water is cold because he wanted to know why. And I said because your jewelry falls off, your rings will fall off your hands because the water's cold. Ok. So he thought he'd bring it with and looked look for jewelry in the water. Ok. That's why he brought it. Ok. And that's something that you guys discussed prior to that. Yes. All right. You'd also mentioned prior to innovation. In addition to the snorkel and goggles, had you said, I think on direct Ernesto called and asked him to bring the pocket knife. Do you remember saying that? Were you there present when you saw Nick answer the phone? Yes. And did you know who Nick was speaking to? He told me who he was talking to and it was Ernesto. Yes, not yet. And at some point after that phone call, did you see Nick go and do something? I saw him leave the room and then when he came back, did he have the pocket knife that he often has? I, I don't know. He told me he, Ernesto wanted him to bring my knife. This is Ernesto talking sustained. Did you eventually, um, see, uh Nick at the Somerset uh tubing parking lot using the knife to cut some strings? Were you surprised that uh he had his pocket knife with him to cut the strings? No. Um At other times during the day, did you see him using the knife to fix his shoes at all. No, I did not. So I want to ask you some questions and now focusing on really about July 30th. Ok. Um, at some point there was a time when somebody in your party lost the phone. Correct? And that was Ariel. Correct. And there was a discussion about what you guys were going to do. Correct. And eventually Nick went off looking for the phone, correct? And when you saw him leave, looking for the phone, you saw him with the snorkel and the goggles, correct? And at that point when he left, he didn't have his hat on or his sunglasses on. Agreed. And his shirt had, he been taking his shirt on and off that day. He may have. Ok. Do you remember when he walked away that time? Did he have a shirt on or his shirt off? I think it was off because he was going in the water? Ok. Um, did you find it unusual when Nick decided to go help a friend and go look for a phone? No. Is that just kind of what Nick does? Yes. Is, um, when he did that, did you think you needed to keep an eye on him? No. Were you worried about him? Like his behavior throughout that day? Had you seen him cause any conflicts that day? No, uh, engage with anybody in a way that made you, like, want to control your husband's behavior? No. Were you worried about that in any, in any way? No. Um, you were just basically, like, look for the phone. I'm gonna sit here and relax in the tube. Exactly. And that's what you did. That's what I did. Um, at some point he came back and then he left again. Correct. Do you know exactly what he was doing each time that he was gone from your group? You weren't keeping an eye out for him? No, I would sit up in the tube once a mile just to see where he was. Ok. And so this first time you saw him down in the same area that you eventually saw him the second time. Is that fair to say yes, but you couldn't hear what was going on. No, you didn't see any conflict, right? No, you just basically saw Nick in the middle walking around or occasionally putting his face in the water looking for the phone. Yes, that's what you saw. No conflict at all. No. Agreed. Yes. And then at some point you said he comes back and then he leaves. Is that right? And some point during the second trip is when you notice when you sit up in the tube at some point, you notice that there's some sort of something going on down there, correct? And it causes you concern cause you concern for the safety of your husband because you heard stuff right? You heard like commotion noises. I don't know if I heard anything but when I sat up in the tube, I saw stuff and when you saw them, did you see him surrounded by other people? Um Trying to think if I saw that. I don't remember if I saw him surrounded by people. Did you see him raise his left hand and make a motion towards you or other people in the group? No, I did not see that. Ok. Had you seen that? Would you have responded? Oh, yes. Um, is your husband somebody that takes, calling for help lightly? No. Have you ever seen him in a situation before where he calls for help? No, this is the first time. Yes. Um, have you ever seen a situation before where you felt like he needed help? No. So what you saw that must have been pretty scary. What exactly did you see that raised your level of fear so much that you said these other guys they got to go down there? Um, I, that's, I don't remember if I saw anything before, but I remember seeing him in the water on his hands and knees and getting hit. Did you, did he look to be in a safe space? And that's why you sent your friends down there for him and you were worried about him. Um, the prosecutor asked questions about what his injuries were. Why didn't you just wait to see if they like drowned him? Objection? Judge why did you send the help when you did? Because I wanted my husband back safe. Why didn't you wait until you wanted it to get more serious? Why you don't do that? I wanted him safe. I wanted him back. You wanted to get him in a safe spot before it got so bad that it couldn't be fixed. Yes. And you were worried that it might get so bad that it couldn't be fixed. Exactly. That's all Mr Anderson. Really? Yes. All right. Let's continue, Mr Anderson Sandy. You testified on direct the thing that you saw that caused you to send people over with the young guys jumping up, getting up out of their tubes, right? Yeah. OK. And then that's when Ariel and Ernesto walked over. I don't remember, I guess I, I don't, I thought it was when he was in the water getting hit, but it may have been before that. Do you remember what you said to law enforcement if it was when the kids or the young guys, however you wanna describe them got out of their tubes? I don't remember. And also on direct, you testified. Never heard Nikolai yell for help, right? No, I did not. And would you agree? Smiling and going like this? No, no. What? No, I didn't see that. Ok. So you didn't see anything? You didn't see a visual call for help? You didn't hear a call for help? No. Like I said, I wear hearing aids. I can't wear them in the water and the water's loud. I wouldn't have hurt him. Ok. When was Nikolai's surgery? I want to say it was August of 2020. So, about two years before July of 2022. Yes. And you said the recovery was about 4 to 5 weeks. 3 to 43 to 4. Ok. And then after that, you said it didn't really slow, Nick lie down. He still did what he did before. Well, he, it slowed him down some because sometimes it took him a little bit longer. He always got everything done, but he just couldn't do it as fast as what he did before because he didn't have the strength, did yard work around the house, that kind of stuff, right? Wasn't, it wasn't feeble. No. Could still run. Yeah, he just had the pain. Ok. My God. Yes. Sorry. Judge, I was trying to thank you. Um, what I understand you're saying is you didn't hear him call for help, correct? And you didn't see him call for help, correct? But you would agree. Had you seen him make a gesture with his left hand waving you. You would have considered that a call. She's already answered the question. I wasn't done asking, I guess when I'm not good point, finish asking the question. But I think we've already gone through this. I was following up on his redirect. So I know, but I think we've already gone through this. So I don't want to waste. I try to be really quick. You would agree. Had you seen him raise his left hand in a motion like this? You would have considered that from your husband who you've known for that long, a call for help sustained. And she's already answered the question again. You were asked some questions about when you actually raised a concern so much though that you sent two men over there to help your husband. Remember that? And what I believe you first said on the first time was when you saw him getting hit, you sent the two people over, correct? But we came to learn that you may have been concerned even before that and sent people over to help him even before that I may have. Yes, you were worried. You didn't wait until he got hit. You were worried about it even before that. Correct. Yes. You just saw a situation in which he looked like he was outnumbered by a bunch of young men. Correct. Yes. And that concerned you. Yes. And that's why you sent some other people over there. Correct? Yes, that's all. Thank you. Thank you, miss me. You may step down judge if I didn't already the exhibits that I showed, I just move for their admission. I believe I did before. But were those photographs admitted? 111 was not included in that. So I'll have to do that later. I just want to make sure the clerk knows. Uh, MS me, please see the witness coordinator in the back and she'll tell you where to go next.
