Jury listens to tape of 911 call | TahoeDailyTribune.com

Jury listens to tape of 911 call

The cries and insistence for help by Joshua Stone, whose grandfather is accused of blasting him in the lower back with a shotgun, was heard by a jury while listening to the 911 tape.

The tape of the Aug. 16, 2001, incident was played for the jury and in the hopes it would jog David Bayless’ memory. Bayless could face life in state prison if found guilty on assault with a deadly weapon charge and other felonies.

He is standing trial in El Dorado County Superior Court for allegedly shooting his grandson in the back while defending a woman during a night of drinking.

Bayless, convicted of a felony count of lewd and lascivious behavior with a person under the age of 14 in 1977, has been in jail for the current allegation since April. Stone has since moved back to Illinois and is receiving care there. He is paralyzed from the waist down.

Bayless took the stand Monday, listening to the tape after he failed to remember what happened after the shooting. Bayless said he dialed 911 to get help, but immediately had the phone ripped out of his hand by Stone, who lay bleeding on top of him.

“I’ve been shot,” Stone was heard telling dispatch between moans. “I can’t feel my legs. Please.”

The frustrated dispatcher repeated questions about the location of the gun and the identity of the shooter. Bayless was heard giving his address to the dispatcher.

The 71-year-old Bayless said he tried to talk to the dispatcher but Stone wouldn’t give him the phone.

The tape, played by Deputy District Attorney Anthony Sears, did not provide the memory-jogging effect the prosecution was seeking. Bayless said he “blanked out” during the time after the shooting until he was at the police station being questioned.

Sears asked Bayless about his answers to Detective David Stevenson, who interviewed Bayless at the police station. Bayless sometimes grew combative at Sears as he grew frustrated with his loss of memory.

Before the shooting, Stone, who was visiting his grandfather and South Lake Tahoe for the first time, and Bayless were drinking at his apartment and at Lakeside Inn and Casino.

Stone had a 0.17 blood-alcohol level, while Bayless had 0.21 percent, testimony revealed.

Deputy Public Defender Simon Harvey called Bayless to the stand to strengthen the defense’s stance that Bayless shot an irrational Stone in order to defend a woman and himself. Harvey had Bayless recall his apprehensive feelings toward Stone and Stone’s unsavory actions that night.

Bayless said that when he met Stone, he saw a “look of evil” in his eyes.

Before the shooting, Bayless testified that he whispered to Donna Shevock, a neighbor who was at the apartment, that he was going to get his shotgun to defend them against an unpredictable Stone. Sears asked him why he didn’t call police. Bayless said his bedroom phone wasn’t working.

When Bayless returned from his bedroom, he said he saw Stone pacing around the room.

“I was afraid for Donna,” Bayless said. “I was paying attention to him. I was worried what he was going to do.”

Bayless said he saw Stone swoop on Shevock. In one motion, Stone picked her up and threw her out the door. Bayless said he made sure Shevock wasn’t in harm’s way before pulling the trigger. Bayless said he threw the gun aside and tried to catch Stone, who staggered before knocking over the kitchen table.

“I was shook up,” Bayless said, needing a tissue to wipe away the tears while he was on the stand. “I was in shock. All I knew is I had to call police and get a medic.”

Shevock was questioned in the morning before Bayless. She said she wasn’t afraid of Stone, who became enraged at her when she mentioned the $3,000 contract on his life. Shevock became aware of it after hearing a phone message at Bayless’ apartment.

After she was thrown, Shevock said she went to her apartment to shower. A few minutes later she heard a commotion outside and saw police.

For the last witness of the day, Harvey called David Bashline, a Yellow Cab driver who drove Stone from Caesars Tahoe to the apartment. Bashline testified that Stone initially asked cab drivers for cocaine and wanted to go to a Carson City brothel. After Stone said he was the devil, asked people on the street for cocaine and mentioned he had dreams of flesh being torn off bones, Bashline kicked him out of the cab.

— E-mail William Ferchland at wferchland@tahoedailytribune.com

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