Robert “Bob” Hayward was a sergeant with the Utah Highway Patrol responsible for Bundy’s first arrest in the early morning hours of August 16, 1975. This is his witness testimony at the DaRonch trial on Thursday, February 26, 1976.
DIRECT EXAMINATION BY MR. YOCOM:
Q: For the record, would you state your name and occupation?
A: Robert Hayward, Highway Patrol Sergeant.
Q: Sgt. Hayward, in the course of your duties as a Highway Patrol Trooper, have you had an occasion to come in contact with persons that have used and were using controlled substances known as marijuana?
A: Yes sir, I have.
Q: How often does this occur in your employment?
A: Oh, quite often. Probably every two or three nights for three years when I was on a special Tac squad for alcohol and drugs.
Q: Does that particular substance, when a person’s been using it, have a particular odor?
A: Yes, it does.
Q: Is it distinguishable, say, from cigarette smoke?
A: Yes, sir.
Q: Would you describe it for us?
A: Well in my estimation, marijuana has a more sweet smell than a smoky smell, if that breaks it down.
Q: Have you had an occasion to smell the interior of an automobile after a person has smoked marijuana therein, people you have stopped?
A: Yes sir, I have.
Q: Is that odor very distinguishable when they close the automobile?
A: Yes sir, in my estimation, it would be.
Q: Now, Sgt. Hayward, directing your attention back to the 16th of August, 1975, when you stopped an automobile driven by the Defendant in this action, Mr. Bundy, did you have an opportunity to get into his car or open the door?
A: Yes, sir.
Q: And how soon after you stopped did this occur?
A: Just a matter of a few minutes.
Q: At that time did you notice any odor of marijuana?
A: No sir, I did not.
Q: In regard to your conversation with Mr. Bundy you previously described, were they face-to-face type conversations, close to one another?
A: With me?
Q: Yes.
A: Yes, they were.
Q: Did you notice a marijuana smell on him at that time?
A: No.
Q: When you first made pursuit of that vehicle, the ’68 VW, where were you located and where was it located?
A: Do you want an address or a distance?
Q: Well, an address?
A: Well, he was probably about 33rd— I would say around 3358 South on Brock Street.
Q: And was his car moving at that time or stationary?
A: When I threw my bright lights on, it moved.
Q: It was stopped when you first saw it?
A: Yes.
Q: And did it move towards you or away from you?
A: Away from me.
Q: You were coming up from behind it, then?
A: Yes, sir.
Q: At what rate of speed did it move out?
A: At a fast rate of speed, probably as fast as a Volkswagen would go.
Q: How close behind the vehicle were you?
A: At that time, I was probably, oh, probably about 300 feet.
Q: And was your car marked at that time? Was it a marked Highway Patrol car?
A: No, it was plain.
Q: Any way to distinguish that from any other passenger sedan?
A: No, sir.
Q: When you gave pursuit, or followed the car, where did it go?
A: It went to the corner of Lehi and turned west, made a left turn.
Q: At the corner made a left turn?
A: Yes, sir.
Q: Go ahead.
A: On Lehi. Then it made another left turn on Beaver.
Q: Then where did it go?
A: It went down Beaver Street to LeMay. At LeMay, it made another left turn.
Q: Okay. Then where did it go?
A: And then it made a right turn on Brock Street to 3500 South. At 3500 South, it made a left turn to go east on 3500 South.
Q: And what rate of speed was the vehicle traveling during the making of all these turns?
A: An approximate speed—they are long blocks—and an approximate speed, probably 40, 45.
Q: How close behind the vehicle did you get in the course of making these turns?
A: When I identified myself with the red light, I was probably 50 feet back of him.
Q: I would count that to be one, two, three, four, five separate turns were made by the automobile?
A: Yes, sir.
Q: At any time when you were following the automobile and giving chase, did you see anything thrown from the automobile or come from the automobile?
A: No sir.
Q: While you were in the process of examining the contents of the automobile, did you see anyone get in and rip that back seat of the automobile?
A: No, I didn’t see anything like that.
Q: Where was Mr. Bundy located at the time that the search of the automobile was taking place?
A: He stood between my vehicle and his, the back of his car, and then he steeped around the other side and was leaning against the right front fender most of the time.
Q: Of whose car?
A: Of my car.
Q: Not his car?
A: No, sir.
Q: How long after the stop occurred did Deputy Twitchell get there?
A: I would guess about maybe ten minutes. I don’t have that time down.
Q: Clarify one thing, Sergeant: When you first observed the automobile in your neighborhood, was it located in the same position it was when you put your bright lights on?
A: The first time I observed it?
Q: Yes.
A: No, that was in front of my house.
Q: Okay. And what was the car doing in front of your house when you first saw it?
A: I was stationary in front of my house, and it passed.
Q: Going which direction on what street?
A: It was going south of Hogan Street. That’s the first street east of Brock Street.
Q: How long was it after you saw him drive by you did you see him again?
A: I would say about eight minutes, somewhere, eight to ten—six, eight minutes.
Q: Did you notice any erratic driving pattern of the automobile at the time you were following it?
A: Just fast.
Q: Just fast?
A: Flying fast.
Q: Was the car under control?
A: Yes, sir.
Q: Did it weave or sway or—in any way?
A: No, sir.
Q: Did you ever have an opportunity to arrest people who have been driving an automobile under the influence of marijuana?
A: Yes, sir.
Q: Could you tell whether or not—well, how do they drive cars? Is there any impairment in their ability to drive?
A: I would compare them to an alcoholic.
MR. YOCOM: No further questions.
CROSS EXAMINATION BY MR. O’CONNELL:
Q: You are familiar with the studies, aren’t you, on the effect of marijuana on driving, if you were in the special alcohol-drug task force?
A: Yes, sir.
Q: Well, the studies have noted that balance and things like that are not affected like they are with alcohol, isn’t that true?
A: On drugs?
Q: On marijuana.
A: No, I don’t know that, sir.
Q: The time sense, the time sense is the only thing that is affected, that would have a regard for driving?
A: I don’t know that either.
Q: You see people weaving down the road who just smoke marijuana without taking other drugs or alcohol?
A: Do I see them doing this?
Q: Yes?
A: Yes, sir.
Q: Now there were times when you lost sight of this car as it went around corners, weren’t there?
A: Yes, sir.
Q: You don’t know how many times you stopped somebody who was smoking marijuana before you stopped them, where you didn’t smell it, do you?
A: That is true.
Q: Now, this car you saw in front of your house just drove by, right?
A: Yes, sir.
Q: And do you know it was the same car you saw later?
A: No. It resembled the same car.
Q: Now, didn’t you testify in a preliminary hearing regarding the evading charge in the Murray City court?
A: Yes sir, I did.
Q: And at that proceeding, didn’t you testify that all you could say about the similarity of the two cars is that they were both Volkswagens?
A: Volkswagens, and the color, and they were similar to the same. That’s what I testified to. Yes, sir.
Q: You testified that the one you saw drive by was also a tan Volkswagen?
A: Yes, it was as similar as the one I jumped on the next street.
Q: Did you say that they were similar in color, Officer?
A: In Murray?
Q: Yes.
A: If I recall, I said they was.
Q: And it was eight or ten minutes between the time you saw it, the one that drove by your house, and seeing the Volkswagen later on?
A: Yes sir, approximately.
Q: That car was searched rather thoroughly by the deputy sheriffs, wasn’t it?
A: Yes, sir.
Q: They were in the back seat, they were in the front seat, they were in the trunk?
A: They was in the car, and they was in the trunk. They was under the seat. And there was so much going on there, and I didn’t watch it all.
Q: Well, when the Tac Squad searches a car, they do a thorough job, don’t they?
A: I don’t know if that was a Tac Squad. It was Twitchell and Fife. If that was a Tac Squad, that’s who it was. But that’s who it was.
Q: Doesn’t the Tac Squad have a reputation for conducting thorough searches of automobiles?
A: I think they got the reputation of being good policemen, if that includes a thorough search.
Q: They have a reputation of being good policemen, isn’t that right?
A: Yes, sir.
Q: Do you think that’s an opinion shared by the rest of the Sheriff’s Office?
A: I think they got to admit some of that.
Q: What do you mean by “good policemen”? Do you mean an aggressive policeman?
A: Let’s say they are thorough and do a good job.
Q: All right. Did you notice the rip in the seat?
A: No, sir.
MR. O’CONNELL: All right, that’s all.
MR. YOCOM: No further questions.
MR. O’CONNELL: Your Honor, when we were doing our miscellaneous stipulating here, we neglected one matter. Mr. Yocom was willing, I believe, to stipulate that “The Towering Inferno” was playing at the Plaza Theater which is an ordinary type neighborhood theater just off of 35th South in Granger.
MR. YOCOM: Kearns.
MR. O’CONNELL: Kearns, I’m sorry. Kearns.
MR. YOCOM: On the 16th of August.
MR. O’CONNELL: On the 16th of August. And that we have no further evidence, with the possible exception of a matter we discussed.
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