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Subjects Armed
State Trooper Rufus Baines testified that he was called by the dispatcher at 8:31 a.m. and directed to Route 729, 1V6 miles south of Flint Hill. The dispatcher had conveyed “some sense” of urgency and information that the subjects, none identified by name, were believed to be armed,, the trooper said. Thirteen minutes later, after he finished writing a ticket for the traffic violation on Route 211, Baines said, he radioed Sheriff W. A. Buntin for assistance and proceeded to the scene, pulling in behind the sheriff at 8:50 a.m.
Baines said he found the bulldozer running, its gear in neutral reverse and Spellman slumped dead in the seat. He confirmed that only the three buttons of Spellman’s down vest and the top button of his flannel shirt were opened. Baines reported that he removed a 30-30 Winchester rifle from the bulldozer. Still in its scab bad, the gun was stuffed down in the crevice between the gas tank and the back of the bulldozer and was covered by a towel and a jacket, the trooper said. He also told the court that he found a pistol in a shoulder holster between the bottom blue denim shirt and the plaid flannel shirt the deceased was wearing under his down vest.
In questioning by the prosecution, Baines said that the bulldozer would not have hit the pick-up truck if it had moved forward, judging by the position of the two vehicles.
As to the extent of the work done by Spellman before he was shot, the trooper said he found only a single tree pushed over, indicating
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