door of the bank. One of them had a loudspeaker in his
hand. He yelled at me to get out of the car and get on the ground.
I
waited for Tim and Virgil.
Then the cops started shooting.
I woke up in the hospital. There were tubes running out of me. I don’t know
how much longer it was before I could feel the shackles around my
ankles.
The cops came. And men in suits. They asked me a lot of
questions. I was so dizzy that it was easy not to answer them.
T he
nurse had red fingernails. She was kind of chunky, but she looked pretty in her
white uniform.
“Did you really rob that bank?” she asked
me, real soft, when nobody was around.
“Huh?” I said.
She got a nasty look on her face. Then she picked up a big needle and gave
me a shot.
O ne day, a lawyer came. An old guy, with
a lot of heavy black hair he combed straight back. “Can you tell me what
happened?” he asked me.
“Huh?” I said.
T hey tried us all together. All of us that was left. The lawyer showed
me the papers that said they were charging Tim and me, for two counts of
capital murder and four pages of other stuff. They didn’t charge Virgil,
because Virgil was dead.
“That second count is felony
murder,” the lawyer said to me. “If a person dies during the
commission of a felony, everybody involved in the crime can be held
responsible.”
“I don’t understand,” I told him.
It was the truth.
“The prosecution’s theory is that, after
the robbers had lined everyone up, one of them went into the cages. It was then
that the assistant manager pulled a gun. He shot the one with the shotgun. The
other robber then shot him, killing him instantly.
“The robber
with the shotgun fired a blast, but it didn’t hit anyone. Apparently, he
was mortally wounded, and the other one wouldn’t leave him. They were
brothers, maybe that explains it.”
I didn’t say
anything.
“The reason you’re charged with the homicides is
that you were part of the robbery attempt. The wheelman, obviously. It’s
not clear to me why you didn’t take off before the police
arrived.…”
He let his words trail off, the way people do
when they want you to finish what they’re saying. But I
didn’t.
I was still bandaged up by the time we started the
trial, but they kept me ankle-cuffed anyway. Tim had a bunch of chains around
his waist.
All the time they were putting on one witness after
another, Tim never looked at me. Not once.
His lawyer never asked one
single question. But when they started to bring me into it, my lawyer got up,
like he had business to take care of.
“Officer,” he asked
the cop on the stand, “how many shots would you estimate were fired at
the car in which my client was sitting?”
“I couldn’t
say. If he’d gotten out of the car when we—”
“More than five shots, officer?”
“I think
so.”
“More than ten?”
“I don’t
know.”
“Well, officer, isn’t it a fact that every
single shot fired by the State Police has to be logged in and accounted for?
Every single bullet?”
“Yes, sir.”
“Can
you tell us where we would find out that information, please? Where is it all
collected?”
“That would be with the shooting team,”
the cop said. He was watching my lawyer like a bird on the ground watches a
cat.
“That team reviews all police shootings, to determine if
they were justified, is that correct?” my lawyer asked him.
“Yes, sir. And this one was perfectly—”
“I’m sure,” my lawyer said. “Now if I were to tell
you that the report of the shooting team was that seven different officers
fired a total of thirty-one rounds at the car in which my client was sitting,
would that surprise you?”
“No.”
“Thank
you. Now, after my client was wounded and taken into custody, you examined the
interior of the car, did you not?”
“Yes.”
“How many guns did you find in the car, officer?”
“There were no weapons in the