Woody takes stand to tell his version of night Kauffman was killed

Robert Lee Woody said Modesto attorney Frank Carson told him about people stealing “miscellaneous” items from his Turlock property before Woody and Baljit Athwal went looking for the people believed to be responsible for the thefts.

Monday morning was the first time Woody appeared in court as a witness in a preliminary hearing for Carson and five others charged in the slaying of Korey Kauffman. Woody is a key prosecution witness. He also is charged in Kauffman’s death, but he has agreed to testify against his co-defendants in exchange for leniency.

Woody testified about a night in late March 2012, when he says they went to check on Daljit Atwal’s brother, Baljit Athwal (their last names are spelled differently). Woody and Atwal arrived at Carson’s property and found Athwal in a fistfight with Kauffman, Woody said.

He said on the witness stand that Athwal knocked Kauffman to the ground before both brothers started hitting Kauffman. Woody testified that he saw each brother hit Kauffman about 20 times, including blows to the back of his head. He said the brothers also kicked Kauffman while he was on the ground.

Woody claims he tried to pull on the brothers’ shirts, because Kauffman had “had enough” already. “Trying to get these guys to stop,” he testified. But the brothers shrugged off his attempts to stop the fight, Woody said.

He said he heard grunts coming from Kauffman. Woody said he walked away from the fight and was about 30 feet away when he heard a gunshot. “I turned around in shock,” Woody said in court.

He said he then spotted Kauffman, who wasn’t moving. He said Atwal and Athwal were arguing with each other in the Punjabi language, and that he couldn’t understand what they were saying. He testified that Atwal had a black handgun in his hand.

Woody’s first day on the witness stand was contentious.

The defense says Woody has given conflicting stories, including one account in which he claimed sole responsibility for Kauffman’s death. Woody will be sentenced to seven years and four months in prison if he fulfills the testimonial agreement he made with prosecutors.

His testimony Monday was repeatedly stalled by defense objections that were challenges to hearsay testimony and leading, irrelevant or vague questions from the prosecution.

At times, it was difficult for the defense and the judge to hear what Woody was saying in court. Sometimes he spoke quickly and his words were garbled. Defense attorney Martha Carlton-Magaña asked if Woody could move the microphone closer to his mouth. Woody responded with frustration, “You want it in my mouth or what?”

Woody was asked to leave the courtroom a few times so the attorneys could argue over the admission of evidence. Judge Barbara Zuniga wanted to continue with the testimony rather than pausing for arguments.

“My issue is we’re litigating issues that really should be left for trial,” Zuniga said in court.

At the conclusion of the hearing, the judge will decide whether there is enough evidence for the defendants to stand trial.

In the afternoon, an exchange between the judge and Carlton-Magaña became heated. The defense attorney said the judge was misstating the evidence.

Zuniga told Carlton-Magaña, “Stop arguing with me. I’m giving you notice, ma’am.”

Woody testified that he worked for several years at the Pop-N-Cork store in Turlock for its owners, brothers Athwal and Atwal. He said he lived near the liquor store and was getting paid initially for his work. He said that ended when the brothers had financial problems at the store, but he continued to work there.

He said Athwal would call him names or put him down when he would do something perceived as stupid, such as inadvertently damaging circuit breakers at the store. With an embarrassed look on his face, Woody testified that Atwal would routinely call him “idiot, stupid, dumb ... ignorant.”

Woody testified that Atwal once pointed a gun at his head, threatening to shoot the only tooth he had left in his mouth. Woody said he felt intimidated by the liquor store owner’s idea of a joke.

In 2012, Woody was arrested on suspicion of possessing stolen property. He said the liquor store owners paid to bail him out of jail and did not discuss with him how he would pay them back. Woody needed an attorney and Atwal called his brother to find him a lawyer. He said the brothers scheduled him an appointment to meet with Carson.

In the first visit to Carson’s downtown Modesto office, the attorney did not discuss the cost of retaining his legal services, he said. Woody said he was told Carson would first decide whether to take his case. Eventually, the charge against Woody was dropped because his brother was responsible for the stolen property, according to Woody.

In the second visit to Carson’s office, Woody said, the prominent attorney told Woody that he owed the liquor store owners. Woody said that meant he wouldn’t owe Carson any money. In that same office visit, Woody said Carson told him about the theft problem at his Turlock property.

Woody testified that Carson believed he might know those responsible. Woody said the attorney wrote Michael Cooley’s name and address on a piece of paper and handed it to Athwal, who had joined Woody for this second office visit. Cooley’s Lander Avenue home is adajacent to Carson’s in Turlock.

Woody said he and Athwal left Carson’s office and headed to Cooley’s home. They encountered Cooley later that day, Woody said, when Athwal told Cooley, “What the f--- are you looking at?” The two men then left Cooley’s home, Woody said.

Woody is expected to continue testifying Tuesday in Stanislaus Superior Court.

This story was originally published August 8, 2016 at 5:53 PM with the headline "Woody takes stand to tell his version of night Kauffman was killed."