Testimony in Attempted Murder Case Remains Inconsistent

by Antoinnette Borbon

In the state’s case against defendants David Bristow and Danny Stearman, who are being charged with conspiracy to commit murder along with an attempt thereof, the jury heard a lot of inconsistent testimony by witnesses.

In the interviews conducted by the prosecution’s investigator, Detective Nyland, witness, John Winterset would change his story, from what he first told the detective to something different before the Grand Jury, then again different on the stand. Over the past two weeks, the jury would hear a lot of inconsistencies from witnesses.

Appearing to be under emotional distress, often crying throughout testimony, the witnesses had told detectives one thing in interviews, but testified to something else on the stand.

Detective Nyland began testifying to all the phone records which showed the phone calls among the two defendants, Doyle Stearman, Paula Davis, and Bristow’s ex-wife. He provided paper documentation to the jurors of all the calls he linked to the time of the incident. He explained how a tower will pick up all calls made in its vicinity. He showed that the majority of calls were made between the two defendants on the days in question, September 30 and October 1.

Backing up the state’s charge of conspiracy to commit murder, Mr. Winterset, the state’s witness, kept re-iterating the fact that he was under stress during his testimony given to Detective Nyland, who interviewed him more than one time. He stated over and over that he could not recall what he told the Grand Jury. He would often say to defense counsel, “if you say so, sir, I guess I said that…but was under so much stress, I cannot remember..”

However, when providing answers about the details of his Grand Jury testimony to Deputy District Attorney Rob Gorman, he appeared to give some clearer answers.

Mr. Winterset had been asked to talk about the statement he gave to Detective Nyland. Mr. Gorman asked him if he had told the detective that “David Bristow told me he wouldn’t get out of the way, I stuck him deep,” But he had not told this to the detective during any interview – it was during testimony on the stand before the Grand Jury. Winterset would also say that he never told Det. Nyland that he had said Bristow used a gun. On the stand before Grand Jury, he said that Bristow said they threw the gun in the river.

Under cross-examination by Steven Sabbadini, defense counsel for Danny Stearman, Winterset said he could not remember what he said at the time of the interviews or on the stand before the Grand Jury. He told Sabbadini that he suffers from myopathy, which makes him forget things. He also stated he forgets things when he is nervous.

Deputy Public Defender Richard Van Zandt, representing David Bristow, also questioned the testimony given to the Grand Jury and the details of the interviews given to Detective Nyland. Van Zandt asked more than one time about Winterset’s recollection of events, and statements talked about during the interviews.

Winterset repeated “I can’t remember, I was sharing emotion during grand jury testimony, I am under stress…”

Sabbadini asked him if he was stressed out while testifying today, and he replied, “Yes, I am.”

Gorman went over the statement Winterset gave to Nyland about the sum of money that Bristow had asked Winterset to pay him to “finish the job.” Winterset, often appearing near tears, told Gorman, ”Yes, I do remember Bristow asking me to give him 2000 dollars to finish the job.”

Gorman asked if this had been said before or after the arrest of Danny Stearman. Winterset said it was asked of him after Stearman was arrested.

Gorman asked him if he had told Nyland about the car he loaned Stearman being detailed after the attack on Mark Cullen, the victim in this case.

Winterset replied, ”I made a mistake, the car had been detailed about 3 months before the incident. I loaned him the car because he was taking care of his sick father and it was cheaper on gas and easier to get him in and out of.”

Winterset said his wife reminded him of when the car had been detailed, and the floor mats and seat covers were removed.

Gorman asked Winterset about the conversation between him and Danny Stearman on the day of September 30, 2012. Winterset said that the two of them had gone to the swap meet that day and, afterwards, Stearman threw his credit card to Winterset, stating, “I need an alibi.”

Winterset said he did not know what he meant. He took the card and went straight to the Lucky Seven gas station where he purchased gas and cigarettes. He stated it was about 1 pm, the first time he had been on the stand, but he could not recall exactly what time for either defense counsel. A receipt in evidence showed a time of 3:19 pm.

Winterset said Stearman told him he was going up north but did not state why. Gorman asked Winterset if he told Nyland about a gun. He said no. “Then why did you testify on the Grand Jury to Bristow telling you they threw the gun in the river?” Gorman asked. “I don’t know,”replied Winterset.

Winterset said he was not asked about Bristow at first and did not reveal anything to Nyland or anyone until the Grand Jury. He said he felt obligated to tell the truth under oath. In his testimony before the Grand Jury, Winterset stated that Bristow talked about what he and Danny had done, but he had not wanted to hear it. He said it was shared emotion between the two and he did not want to hear the details of what they had done to Cullen. Winterset stated his memory of things were not clear because of stress and his medical condition. He also said that when Detective Nyland questioned him, he felt detained and did not know what to do since he had never been in trouble with the law before.

Under cross by Sabbadini, Winterset was asked if he had been using meth on the days he was with Danny Stearman. He replied, “Yes.” Winterset said he had  been using meth on and off for years and smoking pot, but that he had quit with no rehab program. He said he and Danny used to put it in their coffee when they would go fishing. He said Danny was using to self-medicate. The two had been friends for 42 years, he stated. Winterset said Danny had been caring for his family for the past 12 years or so.

Winterset was asked by DDA Gorman, “Did you tell the Grand Jury that David Bristow had shot Mark Cullen and it was inefficient?” He answered, “Yes, that is correct,” and that he did say that. Winterset stated Bristow told him that “Danny was in the way,” but stated on the stand he does not recall his exact words while testifying before the Grand Jury. Winterset stated that one of Bristow’s friends had also threatened him. But he told Mr. Van Zandt that he was not scared about the threat.

Heather Tomchik, who works for the Department of Justice, testified to the results of tested DNA. She said the swabs off the light switch of Mark Cullen’s van could not exclude Danny Stearman’s DNA. In cross by Sabbadini, he would ask about what items were tested. Ms. Tomchik stated they are only allowed three items unless requested to test more, and in this case more items were tested. But the bumper and windshield, which had blood on it, were not tested, she said.

Up next was the son of David Bristow, David Bristow, Jr. He testified that he and his father drove up from Bakersfield to move him to his mother’s house. He stated that Danny Stearman had come along with them to help unload his things as he was too sick and unable to help.

David Jr. stated that once the three got to Yuba City where his mom lived, the two defendants, Bristow and Stearman, took a nap. Afterwards they went to McDonalds to get breakfast to bring back. He said he does not recall their leaving the house any other time and did not recall his dad getting a room. When asked if he knew John Winterset, he replied, “No.” He said Danny Stearman followed them from Bakersfield in a white Toyota car and, at one point, had gotten lost, so he and his father had to wait for him in Sacramento.

Under cross by Sabbadini, David Jr. stated the two defendants stayed a few days at his mom’s house.

Van Zandt asked David Jr. about how many times he spoke with his father since the incident, and he replied, “Um, about a couple times,”  indicating a couple times a month.

He was shown a photo of a red truck in front of a house, which he identified as being his dad’s truck and house.

Dina Cooney, the ex-wife of David Bristow, would take the stand next. Appearing nervous and emotional at times, she told jurors she had been married to David Bristow and had two sons by him. In questioning by DDA Gorman about the day of September 30, she said that the two defendants showed up early in the morning with her son and his things. She said her grandkids were there and they visited with them and then went to get breakfast at McDonalds. She said the two never stayed more than a couple hours and never took a nap that day. She said her ex-husband, Bristow, was driving a red truck and Danny was driving a white car. She said she did not recall any phone calls between her and Bristow that day.

Sabbadini asked her if she remembered testifying before the Grand Jury, and she replied, “Yes.”  Sabbadini asked, “And did you know the man who helped Bristow was Danny Stearman?” She answered, “Yes, thru a photo, I knew.” She reiterated that the two defendants had only stayed a couple of hours, then left. But she did say that she really could not see if Danny Stearman had been driving the white car or not. After answering about the white car, she began sobbing. “I don’t know, I can’t remember….no, I do not know where the two defendants were going…I..I can’t even remember what day or month it is at times….I have too much going on in my life…”

Next to take the stand was the father of Dina Cullen, the alleged victim’s ex-wife. Doyle Stearman would testify to Mark Cullen being convicted of domestic violence. He stated that his daughter came to live with them after leaving Mark, while she was still pregnant. He said Mark was a violent man. Doyle was asked by DDA Gorman about a time during his dad’s funeral. Gorman asked, “Do you recall when Mark made a phone call to his ex-wife during that time?” “Yes, and I was upset, asked him to show compassion and to call another time, but he kept calling, somewhere around 18 times.” Doyle replied.

DDA asked Doyle, “Do you recall a gun being handed to you at the funeral?” “Yes,” he replied. He stated his dad had a lot of guns, one being a .22 rifle and a semi-automatic 9 millimeter. “Do you recall handing the phone to Danny as you talked with Mark?” “No.” Doyle stated Mark wanted to come and get the kids but he told him, “Don’t cross the county line, you would be outnumbered by cousins, you would be taken out.” Doyle stated he did not recall the date of the conversation via telephone that day but it was during the funeral.

Gorman asked, “Did you feel a safety issue with leaving the kids with Mark’s brother?” Doyle answered, “Yes, I heard he had kicked out a window before.” Doyle said he was a schizophrenic. Doyle told about a time that he and his brother-in-law, John Houston, had known that the brother of Cullen was watching the children and they felt the children to be in danger. They went to Mark’s work and saw his van in the parking lot and then notified the Colusa County Sheriff, but were told it was a civil matter and could nothing could be done about it.

Doyle stated that his daughter, Dina, has had hearing loss as a kid and now suffers from a debilitating disease, but is still able to care for the children. He stated she did not drive due to insurance costs and that Mark Cullen pays no child support to her, so she and the children reside with him and his wife.

Sabbadini took Doyle back to the subject of Mark’s domestic violence conviction. He asked Doyle if he ever saw the injuries sustained during the incident where Cullen was convicted. “Yes, I did, I saw bruising on her temple,” he replied. He stated after the incidents of abuse, she never went back to Cullen’s house. Sabbadini asked Doyle, “Were you aware of the phone conversation between Danny and Mark?” “Yes,” he answered.

“Mark was speaking to my wife during my dad’s funeral then I grabbed the phone and told him, now was not the time to talk about custody, we would discuss it later, and I hung up on him,” Doyle stated. But he kept calling back.

Sabbadini asked, “And why did you want a firearm?” “Because of safety. Mark was a very violent man and I wanted it for protection for my family.”

Van Zandt asked, ”Did you know David Bristow before his arrest?” “No,” Doyle stated. “Has Mr. Bristow called you since this case began?” Van Zandt questioned, “No,” Doyle answered. Doyle stated he never gave Danny a handgun but it was Danny who handed him a handgun in the presence of John Winterset. Van Zandt asked Doyle if he knew John Houston, and he answered, “Yes, he is my brother-in-law.” He said he has known him 45 years. He stated he had heard of the accusation made about John Houston running Cullen off the road but could not recall how he heard it.

In Gorman’s re-direct, he asked about how it was that Doyle knew just how far it was from Cullen’s house to Cullen’s work. “An educated guess?” he answered. Gorman asked, “Were you one of those ‘peeved’ relatives at the funeral that day?” “Yes,” Doyle answered. Doyle stated, “Don’t trust him, my wife and daughter fear him.”

“You stated the gun was for the protection of your daughter and wife?” Gorman asked. “That is correct,” answered Doyle.

Doyle stated he did not recall any phone calls from his brother about Cullen being injured, but phone records entered as evidence showed activity to Doyle’s phone on the day of October 1. Doyle stated it was to ask his brother Danny how his doctor’s exam went.

Detective Nyland would state that it could have been through a text. Doyle showed a text off his phone in regard to the call/text sent to his brother on the day of October 1, 2012.

Detective Nyland would testify again about the phone records. He states there were 8 calls made on September 30, and 9 on October 1, 2012.

He stated the calls were made between the phone used by Danny Stearman and Bristow’s cell phone, with call activity from Paula Davis, Doyle Stearman and Dina Cooney, all around the two-day period. He stated they can be traced to the tower with the strongest signal of the surrounding area where the phone activity was made.

Testimony resumes in the morning.

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