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At that point, Kidwell said, his mother had gotten out of the truck and was walking backward up the driveway with the gun still in her hands, facing the bulldozer and yelling “Get down! Get down! Get off! Get off!”
He and his uncle both went to the bulldozer but peither touched the body before the police arrived four or five minutes after the shooting, according to Kidwell.
In response to questioning from the defense team, Kidwell said before the shot Spellman just kept “digging and digging and digging,” tearing up the right-of-way, pushing down a fence and piling dirt up. “The blade came so close to the truck that the dirt came up under the right bumper...I don’t see how he missed the truck.”
Under redirect by prosecutor Merrill, young Kidwell acknowledged that the only fence pushed over by the bulldozer was an old barbed wire fence erected before his family bought the property and that when the bulldozer was moving toward the truck, the pick-up was sitting in and blocking the right-of-way. Asked for an estimate on the roadway’s width in the area where Spellman was working, Kidwell replied 30 feet.
“Would it surprise you to find that it’s as narrow as 12?” Merrill rejoined.
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