The following is a transcript of the April 20, 2009 preliminary hearing for Brian Westberry who faced charges of aggravated assault, terroristic threats, simple assault, recklessly endangering another person and possession of an instrument of crime. Gregory Cujdik testifies against him. It begins with Assistant District Attorney Isaac Trouth asking Cujdik what happened the night of April 5, 2009.
GREGORY CUJDIK: What happened was me and my girlfriend had planned to meet up a little earlier that night. I stopped by because I knew she was friends with him, so she didn't return any calls so I went down to see if she was there. I respectfully met his father, we had a polite conversation.
MUNICIPAL COURT JUDGE TERESA CARR DENI: Met his father. Who is he?
CUJDIK: Brian Westberry's.
DENI: You met the defendant's father.
CUJDIK: Yes. I explained who I was and who I was here to pick up. I kindly went to pick her up where her car broke down. I returned later, and at that time, they were home. I knocked on the door, presented who I was. I told them I was here to pick her up, told them I was her boyfriend. At the time, he kept saying, leave, leave now, leave this property.
DENI: Who said this?
CUJDIK: Brian Westberry. I said I'm here to pick her up, we had plans. We talked on the phone earlier that night. I had no response from her phone. I was a little worried, so I stopped by. Then he had an object by his side and I assume it was a weapon.
WESTBERRY"S ATTORNEY, FORTUNATO PERRI JR: Objection.
DENI: That's what he assumed, that what he assumed.
CUJDIK: Ended up being a gun.
TROUTH: You said it ended up being a gun. How did you know that?
CUJDIK: He pulled it out, pointed at me, after I hit him out of self-defense because I seen an object on the side of him, he pointed at my stomach and told me to leave. I turned around after I jabbed him in his chin, then I walked out. I looked behind me and he had the gun pointed at me.
TROUTH: You said you jabbed him, can you clarify?
CUJDIK: A punch.
TROUTH: Explain why you did that?
CUJDIK: Self defense.
TROUTH: Why did you believe that was self defense?
CUJDIK: Automatic reaction.
PERRI: Objection as to why he thought this was self defense.
DENI: What happened?
CUJDIK: After I turned around and left, I looked back. He had a gun pointed at me out the door and he was on his phone. There was a conversation he was going to call police. I told him to call the police.
TROUTH: Just to clarify, when you observed the gun, where was it?
CUJDIK: On the side, like this. I saw a glimpse of it.
DENI: Indicating in the right hand, held with the right hand, held down and in the hand.
CUJDIK: Yes. He never said he had a permit to carry a gun.
TROUTH: You said it was down by his side?
TROUTH: Where did he go from there?
CUJDIK: Like this towards my gut and chest.
DENI: When was that?
CUJDIK: At his house.
DENI: When did it suddenly go up towards your gut and chest?
CUJDIK: After I jabbed him in his chin when I saw it by his side.
TROUTH: Did the defendant say anything to you at this point?
CUJDIK: Leave now, leave now. I just turned around and left and got in my car and took off. I looked back and he still had his hand pointed at my back towards the window.
TROUTH: Nothing further.
PERRI: Sounds like a remand.
COURT CRIER: Are you resting?
PERRI: If the court is so inclined. I do have considerable questions, but -
DENI: I didn't hear any evidence of terroristic threats. It is a remand. Held for everything but aggravated assault.