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83.
Q. What did you do when you reached Mr. Stevens?
A. I stepped on his gun.
84. Q. What type of weapon was this? Could you identify it?
A. It looked to me like an Army Colt .45 automatic, the Army service pistol.
85. Q. But you’re not sure?
A. I didn’t closely examine it.
86. Q. Why not?
A. I was otherwise occupied, for Christ’s sake.
87. Q. (Captain Quaire) Watch it, Payne.
88. Q. (Detective Kramer) Was Stevens holding the weapon when you stepped on it?
A. No. He had dropped it, and it was half buried in the snow. I stepped on it to make sure he couldn’t pick it up.
89. Q. Did you see him drop it?
A. No.
90. Q. Then how do you know the pistol you stepped on was dropped by Mr. Stevens?
A. Didn’t you say I could stop answering questions whenever I wanted? Okay. I want to stop answering questions.
91. Q. (Captain Quaire) Is something bothering you, Payne?
A. Yes, sir. This guy’s stupid questions are bothering me. How do I know it was dropped by Mr. Stevens? Who else could have dropped it, the good fairy?
92. Q. (Detective Kramer) We’re just trying to clear this up as best we can, Payne.
A. I’m sorry I lost my temper.
93. Q. (Chief Inspector Coughlin) How long have you been discharged from the hospital, Officer Payne? I think that should be made note of in this interview.
A. I came here directly from the hospital. I don’t know how long. Maybe an hour.
94. Q. (Detective Kramer) The first time you saw the .45 automatic pistol you stepped on was when you found it in the snow. Is that correct?
A. Yes.
95. Q. You saw a pistol in the hand of the man subsequently identified to you as Charles D. Stevens, is that correct?
A. Correct.
96. Q. But you cannot positively identify the pistol you stepped on near Mr. Stevens after you shot him as the same pistol you saw earlier in his hand, is that correct?
A. Yes, that’s correct.
97. Q. Did you see Mr. Stevens fire the pistol you saw him holding in his hand?
A. Yes. He shot me with the pistol he held in his hand.
