DIRECT EXAMINATION OF VELVIE PROFFITT CONTINUES

Q. Okay. Now, at — When did your shift end on June 5th, 2010?

A. From the range of 2:30 to 3:00.

Q. Okay. From time to time during that day, did you and Mr. Bomber send text messages back and forth?

A. Yes, we did.

Q. Okay. And that was something that the two (2) of you did on a regular basis?

A. Yes.

Q. Specifically, when you weren’t busy?

A. Specifically, yes.

Q. Okay. And as far as the end of your shift, did the two (2) of you communicate by text message, as to him coming to pick you up?

A. Yes.

Q. Okay. And did he tell you something different about how he was going to come and pick you up.

A. Yes. He said that he would be picking me up with a friend that he had made from the pool that day. And that they would be in a red Jetta.

Q. Excuse me.

A. A red Jetta.

Q. Okay. And did you know what a Jetta was?

A. No.

Q. Okay. It’s — It’s a Volkswagen. You know that now?

A. Yes.

Q. Okay. So, when you finished your shift that day had Mr. Bomber come in the restaurant, or did you just go out in the parking lot?

A. No. Mr. Bomber and Mr. Worrell came into the restaurant.

Q. Okay. And had you ever seen Mr. Worrell before?

A. No, I had not.

Q. Okay. And — How were you introduced?

A. I was introduced to Mr. Worrell by Mr. Worrell introducing himself — Hi, my name is Mike. And I was like — Hi, nice to meet you. David said, this is my friend that I told you about earlier that I met today.

Q. Okay. And then what did you all do?

A. We walked out the parking lot. They told me that I needed to drive because they had been drinking. I drove Mr. Worrell’s car back to his apartment.

Q. Okay. Was the Jetta a standard or an automatic?

A. Standard.

Q. Okay. So, I mean — but for being in a new —

A. I mean, automatic.

Q. Excuse me.

A. Automatic.

Q. It was an automatic?

A. Yes.

Q. Okay. And you were comfortable driving it?

A. Yes.

Q. Okay. Who sat in the front passenger seat?

A. Mr. Worrell.

Q. Who sat in the back?

A. Mr. Bomber.

Q. And how big was Mr. Worrell?

A. Six (6) foot and more.

Q. Okay. He was — How much would you estimate that he weighed?

A. Two twenty (220).

Q. He was a big — big man?

A. Yes.

Q. Okay. And was there any — Did you have any trouble driving back to your apartment?

A. No.

Q. Okay. Did Mr. Worrell comment about your driving on the way back to your — to the apartment?

A. I do not recall.

Q. Okay. When you got back to the apartment complex, where did you go?

A. To Mr. Worrell’s apartment complex.

Q. Actually, to his apartment?

A. Yes.

Q. Okay. Do you remember why you went to his apartment?

A. Because they were planning — they were drinking together, so —

Q. Where did you want to go?

A. I wanted to go back home and take a shower.

Q. Okay. So, you had been at work all day?

A. Yes.

Q. And you had cooking odors on you?

A. Yes.

Q. And you were dirty?

A. Yes.

Q. Okay. Did you tell them that that was what you wanted to do?

A. Yes, I did.

Q. And — So, why didn’t you?

A. Because they wanted to continue their party.

Q. Okay.

A. Their being friends and acquaintance that day.

Q. Now, in the past before June 5th, 2010, had you and Mr. Bomber ever gone to West Virginia to gamble?

A. Yes, we did.

Q. And approximately, how many times had you all done that in the past?

A. I give a range from about three (3) to six (6) times.

Q. Okay. Where in West Virginia did you all go, if you remember?

A. I believe it’s Charleston.

Q. Charleston, West Virginia?

A. Or Tri-State.

Q. Okay. That’s on I-64 between Charleston and Huntington?

A. Yes.

Q. Okay. Were horse tracks there too?

A. I’m not sure if there are horse tracks. I know they do have dog races.

Q. Okay. Okay. Dog tracks and a casino?

A. Uh-huh.

Q. Okay. And you all did that three (3) to six (6) times?

A. Approximately, yes.

Q. Now is that something that you enjoy doing?

A. Yes

Q. Something you looked forward to doing?

A. Yes.

Q. Okay. And at some point on June 5th, 2010, did you and Mr. Bomber either discuss in person or by text message going to the casino in West Virginia?

A. Yes. While I was at work before they came to the restaurant. And afterwards, while being at Mr. Worrell’s apartment and inside of our apartment.

Q. Okay. That was something that you would have liked to have done?

A. Yes.

Q. Okay. Was there a problem with your work schedule?

A. Yes.

Q. And what was that problem?

A. I had to be there early the next day.

Q. Okay. So June 5th, 2010 was a Saturday?

A. Yes.

Q. So, your shift the following day, Sunday June 6th, began approximately when?

A. I believe it was going to be the early morning, either 5:00 or 6:00 o’clock. I’m not exactly sure.

Q. Okay. So, you know, in the past when you and Mr. Bomber went to the casino in West Virginia, did you all come back the same night or did you spend the night in West Virginia?

A. We always came back on the same night.

Q. And approximately what time did you customarily get home?

A. 1:30 to 2:30 a.m

Next in the series: The testimony of Velvie Proffitt – Part 3.

SEE ALSO CASE NO. 7:16cv00171 IN THE UNITED STATES DISTRICT COURT @ http://vawd.uscourts.gov

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