STATE OF NORTH CAROLINA! = 1) IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION NEW HANOVER COUNQR FE3 -2 A 103¢ — 240R204684; 24CR204539 STATE OF NORTH CARQUINASZ/ £0. MOTION TO RECALL WARRANTS: i “! AND ISSUE CRIMINAL SUMMONS DAVID GARY SHOLAR, (Request for Emergency Hearing) Defendant. COMES NOW DEFENDANT David Gary Sholar, pursuant to N.C. Gen. Stat. §§ 7A-291(6) and 15A-304(b)(8), through counsel, and moves the Court to recall two self-initiated warrants and issue criminal summonses in their place. Due to the time- sensitive nature of the issue, Defendant requests and emergency hearing on this Motion. In support of this Motion, Defendant respectfully shows unto the Court the following: 1. Based on nothing more than the bare testimony of the complaining witnesses, the Magistrate in this action issued two arrest warrants for Defendant. ‘The issuance of an arrest warrant on nothing more than the self-interested statements of two complainants is a violation of Defondant’s rights under the Fourth Amendment to the U.S. Constitution, Article I sections 20, 21, and 23 of the N.C. Constitution, and N.C. Gen. Stat. § 154-804. As such, this Court should exercise its inherent authority to compel its officers to comply with the law and issue an order directing the rocall of the warrants and issuance of criminal summonses in their stead. Page 1of 62. Defondant has not been permitted to inspect the warrants despite his requests to do so. However, based on information provided to Defendant and his counsel, he is led to conclude the following about the warrants: a. Both arrest warrants are self-initiated warrants; b. Both warrants are for misdemeanors; c. Neither complaining witness provided any support for the warrant other than their own testimony. Le., there was no disinterested, corroborating witness to the alleged acts; d. On information and boliof, both warrants were sworn out more than eight (8) weeks after the alleged incident occurred on November 16, 2023; and c. As demonstrated by the attached affidavits, the complaining- witnesses’ version of events is unsupported, except for their own testimony. 3, Despite these facts, the Magistrate still issued an arrest warrant rather than what should have been, at most, a criminal summons. The Court should act to yemedy this error. 4. A District Court Judge has the power “[tJo issue all process and orders necessary or proper in the exercise of his powers and authority, and to effectuate his lawful judgments and decroos.” N.C. Gen, Stat. § 7A-291(6). 5. N.C. Gen. Stat, § 15A-804(b)(8) lays out the procedures for the issuance of a self-initiated arrest warrant: Page 2 of 6If the finding of probable cause pursuant to subsection (@) of this section is based solely won an affidavit or oral testimony under oath or affirmation of a person who is not a sworn law enforcement officer, the issuing official shall not issue a warrant for arrest and instead shall issue a criminal summons, unless one of the following circumstances exist a, There is corroborating testimony of the facts establishing probable cause from a sworn law enforcement officer or at least one disintorested witness. b. ‘The official finds that obtaining investigation of the alloged offense by ‘a law enforcement agency would constitute a substantial burden for the complainant. c. The official finds substantial evidence of one or more of the amstances listed in subdivision (1) of this subsection. “i (emphasis added) 6. Tho types of ciroumstances mentioned in (b)(8)(C) include “failure to appear when previously summoned, facts making it apparent that a person summoned will fail to appear, danger that the person accused will escape, danger that thre may be injury to person or property, or the seriousness of the offense.” Id. § 15A-304(b)(1). Again, there must be “substantial evidence” of one or more of these circumstances. 7. Based on information known and provided to Defendant, none of the circumstances justifying the issuance of an arrest warrant existed. 8. First, there was no corroborating testimony from a law enforcement officer or any “disinterested witness.” 9 Second, there is no suggestion that either complaining witness would suffer a “substantial burden” as a result of a law enforcement investigation, Page 3 of 610. ‘Third, there is no “substantial evidence” of any of the statutorily specified circumstances. The Defendant, a former law enforcement officor, local business owner, and lifelong resident of southeast North Carolina, is not a flight risk. ‘There is clearly no ongoing danger because the warrant was not sworn out until more than eight (8) weeks after the alleged incidents. And the delay botweon the alleged incidont and the warrants also belies any claim that the offenses are serious. Both charges are misdemeanors and neither complaining witness thought the alleged offenses were serious enough to seek a warrant until a substantial amount of time had passed. 11. Moreover, the complaining witnesses did not seek any warrants or make any report to law enforcement in connection with the alleged offenses, until well after one of the complaining witnesses’ mother made a now-viral public Faccbook post on December 29, 2023, about the incidents that occurred 43 days earlier, on November 16, 2023. The mother has admitted having no personal Imowledge about what happened on November 16, and the post contains dozens of false allogations. The post is the subject of a pending civil defamation action in Brunswick County Superior Court (Civil Action No. 22 CVS 202). 12, Rather than issue a criminal summons, as tho statute clearly required, the Magistrate issued an arrest warrant. Defendant contends that no probable cause existed supporting either a warrant ox a summons for either misdemeanor, and he intends to vigorously contest the allegations, (See Attached Affidavits). Bub even assuming the Magistrate decided probable cause existed based solely the complaining Page 4 of 6witnesses’ self-serving testimony, none of the factors authorizing the issuance of a warrant were present. 18, For these reasons, the warrants are statutorily defective, and the Court should recall thom and issue criminal summonses in their stead. 14. The defective warrants have not been served and could result in Defendant’s arrest at any time. Any delay in relief could result in irreparable harm. For that reason, Defendant respectfully requests an emorgency hearing at the Court's earliest convenience FOR THE AFOREMENTIONED REASONS, Defendant respectfully moves the Court for an order recalling the two arrest warvants in New Hanover County District Court cases 24CR204534 and 24CR204589 and issuing criminal summonses in their stead, Alternatively, Defendant moves the Court for a writ of mandamus ordering the Magistrate to recall the warrants. Respectfully submitted this, the 2nd day of February, 2024. Boek ‘Thomas G. Vaznum North Carolina State Bar No. 38667 Edwin L. West, TIL North Carolina State Bar No. 22376 Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P 115 N. 8 Street, Suite 301 Wilmington, NC 28401 "Telephone: (910) 444-2000 tvarnum@brookspiorce.com ewest@brookspierce.com Attorneys for Defendant Page 6 of 6CERTIFICATE OF SERVICE, ‘The undersigned hereby certifies that a copy of the foregoing was served by Hand Delivery as follows: New Hanover County District Attorney's Office ‘New Hanover County Courthouse 316 Princess Street ‘Wilmington, NC 28401 This the 2 day of February, 2024. fe-br~— ‘Thomas G. Varnum Page 6 of 6STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER HM FEB -2A [os 3eAFFIOAVET canes cine Now Comes Christine M. Sprow, having-been-duly--sworn as to the truthfulness and completeness of this Affidavit, deposes and says as follows: 4, Lam over elghteen years of age. 2. Tam acitizen and resident of New Hanover County, North Carolina, 3, [have no affiliation with Gary Sholar or with Edward Teach Brewery (hereinafter referred to as “the Brewery”), other than as a patron of the Brewery. ‘4, Twas present In the Brewery taproom on the evening of 16 November 2023, 5, Town property approximately half a mile from the Brewery and, due to the fact that they are very dog friendly, began walking with her there approximately one or two times per week for the past year. 6. The Brewery Is one of the very few establishments In Wilmington where I feel entirely safe to go to alone, especially as a female who has been the victim of violent crime, 7. On 16 November 2023 I walked with my dog to the Brewery at approximately 6:30pm. 8, A female musician, who I had seen perform at the Brewery on approximately two prior ‘occasions and who Is known to me by the name Asla Daye, was setting up her equipment when I arrived. 9, Asla Daye was accompanied by another female with short dark hair who was wearing a red sweatshirt with the Brewery name on it, I do not know this female but had seen her with Asla Daye on at least one other occasion. 10. The female in the red sweatshirt moved one of the bar stools from the bar to sit approximately five feet from where Asia Daye would be performing and took a seat there ‘as Asia Daye began her performance. 411, Asia Daye began performing at approximately 7:00pm on 16 November 2023, 42. The owner of the Brewery, Gary Scholar, whom I had met approximately 3 times prior to the evening of 16 November 2023 was present at the Brewery. 13.When Asla Daye began performing, Gary Scholar was standing with several other individuals towards the front of the Brewery taproom,14, T had previously enjoyed Asia Daye's performances and so when she began performing, I stood with my dog on the side of the bar where I would be able to get a good view of the performance, 15, After approximately three songs, Gary Scholar approached Asia Daye from her right side and reached for the microphone. 16.1 did not see Gary Scholar make any physical contact with Asia Daye and the interaction appeared entirely innocent from my perspective. 17, Almost Immediately after Gary Scholar reached for the microphone, the female in the red sweatshirt stood up from her stool and began aggressively yelling at Gary Scholar, which ‘surprised me. 18.A short verbal altercation then took place near the performance area between Gary ‘Scholar and the female in the red sweatshirt, 19, I witnessed a stool at the bar fall over and, while I did not see who knocked the stool ‘over, It dld not appear to have been thrown or forcibly knocked to the floor. 20.1 then witnessed Gary Scholar move back to the side of the Brewery taproom near the bathrooms, where he remained. 21. The female in the red sweatshirt continued the verbal altercation with Gary Scholar and at that point I heard him tell her to “get the fuck out". 22, The bartender then told Asia Daye that she would need to end her performance and leave the Brewery. 23, As Asia Daye was packing up her equipment with the help of some other Individuals, the female in the red sweatshirt continued her verbal altercation with Gary Scholar. 24, When Asia Daye finished packing up her equipment, the bartender handed her the check for her performance and she and the female in the red sweatshirt left the Brewery. 25. Approximately one to two minutes after the female In the red sweatshirt left the Brewery, she came back Inside, took off her red sweatshirt, threw It over the bar and stomped out again, : 26. At no time did I witness Asia Daye act In distress, cry, nor seek protection from the bartender or anyone else, 27. At no time did I witness Gary Scholar behind the bar nor did I witness him serve himself any alcohol.28, At no time did I witness Gary Scholar approach anyone in an aggressive manner, rather he made multiple attempts to distance himself from the female In the red sweatshirt. 29, The events lasted less than ten minutes. 30, I saw no one record any video of the events. 31.1 did not record any video of the events as I did not deem them particularly noteworthy, 32. I have read the public Facebook posting made on Madonna Nash's page on 29 December 2023 and found the majority of what she wrote to be false or grossly exaggerated based upon what I witnessed on 16 November 2023. 33. Further this Affiant sayeth nat. This is tre 22! ry of January, 2024. Christine M. Sprow State of North Carolina County of Neu) tes over Christine M. Sprow, appearing before the undersigned notary and being sworn to and subscribed before me this the 22! day of January, 2024. Furthermore, I have seen satisfactory evidence of the principal's identity by a current state or federal identification bearing the photographic Image of the individual's face and elther the signature or a physical description of the Individual, (Official Seal) Notary Public (Print @iotarys Name) My commission expires:FILED eee WITNESS AFFIDAVIT NEW HANOVER COUNTY WM FEB 2A iO 3€ .W HANGER €0.. 6.8.6 |, Phillip Kunzelman, first being duly sworn, do testify and state under oath as follows: BY SAN 1. Lam over the age of 18 years and under no legal disability, [ am competent to make STATE OF NORTH CAROLINA. this Affidavit and do so voluntarily. Except as specifically stated otherwise, 1 have personal knowledge of the facts stated herein, 2, Thave no affiliation with Edward Teach Brewery or its owner, Gary Sholar. 1 do not know Gary Sholar personally, but I know who he is, I know he is the owner, and I have seen him around the brewery on multiple occasions, 3. Onthe evening of November 16, 2023, 1 was present in Edward Teach’s taproom. My fiancé and I were standing with a group of six to eight people by the large map on the wall in the front of the taproom, near the restrooms. 4, Gary Sholar was also present in the taproom that evening, along with his dog on a leash, He was generally in the area near where my fiancé and I were, by the map. 5, While standing near the map in the taproom, I personally witnessed the events described below, beginning sometime around 7:00 p.m. A female musician, who I now know was Asia Daye, was performing in the taproom that evening, Asia had a friend siting about ten feet away from her, watching her perform, While Asia was playing, Gary Sholar walked over to her. While I did not see Gary's entire interaction with Asia, at no time did I see him try and grab Asia’s microphone. I did not see Gary knock Asia over or off balance, and I did not see him make any physical contact with Asia. A s friend then appronched Gary and appeared to instigate an argument with him. Iheard raised voices, but I did not see any physical interaction at all. I recall at least one chair was moved,but no chairs were thrown. The chairs at Ed Teach are quite heavy, and would be hard to throw. Had one of these chairs been thrown by Gary, I am sure I would have seen it, Theard both Gary and the friend yell at each other. 1 heard Gary tell Asia’s friend to leave the bar more than once. ‘After the argument between Gary and Asia’s friend, I heard Gary tell Asia’s friend to leave the bar. Subsequently, Gary moved back to the comer of the taproom by the map, near where 1 vas standing. ‘AL first when the argument arose Asia briefly resumed playing music, but not long after that she stopped, After Gary again told her friend to leave, telling her to “got the f**k out” of the taproom, or words to that effect. Asia then packed up, got paid at the bar, and left with her friend, did not see Asia ery and she did not appear to be in distress. ‘The conftontation ended when Asia and her friend lefl the bar, ‘The entire confrontation between Gary and Asia’s friend was over in probably ninety seconds, maybe less, It was not a protracted interaction by any stretch of th sagination. Asia’s friend then returned to the taproom and left her red Edward Teach sweatshirt on the bar, 6. Atno time that evening did Gary Sholar appear to be inebriated. 7. At no time that evening did I witness Gary Sholar drinking behind the bar or pouring his own drinks, I commonly frequent breweries and am aware that brewery owners are not allowed to drink behind the bac. I believe I would have noticed if Gary drank behind the bar, 8. have been to the Edward Teach (aproom many times, and have seen Gary there ‘on numerous occasions, More often than not, Gary is not drinking while in the taproom,9, have tead the Facebook post made by Madonna Nash on December 29, 2023. Based on what I witnessed in the taproom on the evening of November 16, 2023, the portrayal of the incident in the Facebook post is grossly exaggerated and at times false I witnessed no physical interactions of any kind, No chairs were thrown, Gary Sholar was not acting drunk and was not dri ing behind the bar, Asia was not crying, did not appear to be in any sort of distress, and in fact resumed playing music after Gary Sholar’s brief interaction with her friend, Instead, Asia’s friend was the instigator of a brief verbal altercation I witnessed, and I believe Gary Sholar had every right to kick her out of the taproom. FURTHER AFFIANT SAYETH NOT. ‘this the 23/_ day of x sh , 2024, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Signed and sworn to before me thisB = day of. Tanuary 2024 by Phillip Kunzelman. Bait 4. Was Notary Public (Signature) Notary Public (Print Name) [Official Seal] ‘My commission expires: Ql 19, 3095. AIR RRA ‘NOTARY PUBLIC GAIL G, WARREN ‘NEW HANOVER COUNTY. Ne Liner een nananFILED STATE OF NORTH CAROLINA ‘QW FEB -2 A (0: 3WITNESS AFFIDAVIT NEW HANOVER COUNTY HER OSE 1, Noah Powell, first being duly sworn, o testify and state under oath as follows 1, Lam over the age of 18 years and under no legal disability. I am competent to make this Affidavit and do so voluntarily. Except as specifically stated otherwise, I have personal knowledge of the facts stated herein, 2, Tam employed as a bartender in the taproom at Edward Teach Brewery in Wilmington, NC, 3. I was present in the taproom on the evening of Thursdey, November 16, 2023, arriving to work at about 4:50 pan, 4, While I was in the taproom and working that evening, I personally witnessed the events described below, beginning sometime around 7:00 pm. ‘Musician Asia Daye was singing in the front of the taproom, in the comer to the left as you'd walk into the front doors. She had an aunt or friend with her, who had short brown hai. Brewery owner Gary Sholar was present that evening, and was walking around the {aproom (on the patrons’ side of the bar), He was not drinking behind the bar, and I know he did not pour his own beer because | poured his beer for him, From what { observed, I do not believe Sholar was drunk or intoxicated. I have never seen Sholar what I would consider to be drunk, and I have never seen him drink behind the bar in the taproom, At some point while Daye wes singing, I saw Sholar walk towards the atea where Daye ‘was performing. I did not see Sholar touch Daye at all, ‘Then, the ftiend who was there with Daye basically charged at Sholar aggressively. The woman was very animated and excited.T heard Sholar ask what was wrong with her and I heard him tell her she had to leave the taproom, The friend refused, and I saw her pointing her finger in Sholar’s face. They were yelling at each other and they were swearing at each other. Sholar retreated away from the ftiend, towards to corner of the taproom where the large ‘map with push pins is by the front doors, and I saw the friend follow Sholar and continue to yell at him, Sholar repeatedly told her to Leave aud she refused to do so. I heard Sholar tell her that he owned the bar and she had to get out, 1 recall a chair tipping over. I’m not sure who caused it to tip over. It was not thrown and it didn’t hit any pations. The fiiend kept following Sholar, and he eventually retreated to behind the bar where the friend could not go. Sholar continued to tell her to leave, Ultimately, she did, Daye was not involved in the heated interaction between Sholar and the friend, The other bartender on duty and I quickly talked {0 Daye to see if she was okay. Daye appeared flustered but was not erying, Daye asked if'she had done something wrong, and I explained that Shotar was only upset with her friend, I explained that Sholar was the owner, so if he told her friend to leave, she had to leave, We made sure Daye was paid in full, and Daye left with her friend, In all, these events lasted about 5, maybe 10, minutes. I sew no one in the taproom recording cell phone video of the events, which did not surprise me. 5. Ihave not seen Daye or her friend since November 16, 2023. I do not know whoFURTHER AFRIANT SAYETH NOT. ‘This the _@A day of sana 2024, i DP. ‘Noah Powell STAT OF NORTH CAROLINA COUNTY OF NEW HANOVER Signed and swom to before me this 1" day of slonuany + 2024 by Noah Powell, Abeengttatas > asus Pilflic (Signature) HUA My commission expiresFILED Tt FEB -2. A IONYENESS AFFIDAVIT’ aw HANOVER C0. 0.5.6 1, Logan Chaucer, first being duly swomn, do testify and state under oath as follows: BY DQ 1. Lam over the age of 18 years and under no Tegal disability. 1 am competent to make STATE OF NORTH CAROLINA NEW HANOVER COUNTY this Affidavit and do so voluntatily. Except as specifically stated otherwise, 1 have personal knowledge of the facts stated herein, 2, {am employed as bartender in the taproom at Edward Teach Brewing in Wilmington, NC, 3, Twas present in the taproom on the evening of Thursday, November 16, 2023, arriving to work at about 6 pan. 4, While I was in the taproom and working that evening, I personally witnessed the events desoribed below, beginning sometime around 7:00 p.m. Musician Asia Daye was performing in the taproom that evening, Sitting in a choir right in front of the comer of the taproom floor where Daye was performing was a patron with short, brown hair wearing a red “TEACH!” sweatshitt, who appeared to be Daye’ friend or relative. ‘Tho owner of the brewery Gary Sholar, who I had only met once prior, was also present in the taproom, Sholar was not working, and was on the patrons’ side of the bar socializing near the front enttance of the taproom, Sholar was drinking a beer. At no point did I see Sholar pour his own beer or drink behind the bat, Sholar cid not appear to me to be inebriated or “wasted.” At some point Daye began playing a popular country song I believe fiom the early 2000s, think it might have been an Allison Krauss song. I saw Sholar go over to the area where Daye ‘was performing, and attempt to sing. Sholar briefly shared the microphone with Daye in what appeared {o be an effort to sing with Daye and perform a duet. From my vantage point Sholar'sinteraction with Daye appeared totally innocent and appropriate, T saw no contact between Sholar and Daye that remotely resembled any type of assault, and Daye did not appear upset by the interaction, 1 thought it was fun and not uncommon moment for the owner to sing briefly with the performer, 1 went back to my work; however, I quickly heard a commotion and looked back at the aren where Daye and Sholar were, I saw that Daye’s friend in the red sweater grab Sholar and I saw her push him away from the microphone and Daye, From what I saw, the fiiend in the red sweatshirt was the instigetor and aggressor in her exchange with Sholar, Theard Sholae yell back at the friend and tell her to leave the taproom, I heard both Sholar and the friend continue to yell at each other and swear at each other, Both Sholar and the friend were clearly upset, Sholar told the fiend repeatedly to leave, but the fiiend initially refused to leave, 1 also heard a chair fall during the exchange, I saw no one throw any chairs. I didn’t see any chairs hit patrons, and no one reported to me that any chair had hit a patron, I personally spoke with Daye while the events unfolded, to check on her, So did the other bartender on duty. Daye was not crying at that time and I remember her telling me she was fine though what happened was scary, ‘The other bartender working that evening and I paid Daye in full for her performance, and Daye left with her friend, Not long after leaving her friend retumed and threw her red “TEACH” sweater into the taproom. ‘This all lasted just a few minutes. Neither I nor anyone I’m aware of called the police that evening, From what I observed it was not a sitnation that warranted any police intervention,5, [have not seen Daye or her friend since November 16, 2023, I do not know who her friend is. 6. Having witnessed Daye’s friend both initiate physical contact with Sholar, and be the one to escalate the n with Sholar, I believe Sholar had the right fo tell her to leave the premises, 7. Thave read the Facebook post made by Madonna Nash on December 29, 2023. Based on what I personally observed in the taproom on the evening of November 16, 2023, the characterization of the events of November 16 in that post is largely false and blown out of proportion, Among other things, it is not aceurate to claim or suggest that any kind of assault happened, any chairs were thrown, that the bartenders in the taproom didn't do anything in response to the situation, or that anyone other than Daye’s friend initiated the confrontation that evening, FURTHER AFFIANT SAYETH NOT. This the AIcday of DOnvary 2024, STATE OF NORTH CAROLINA. COUNTY OF NEW HANOVER Signed and sworn to before me this YA" May of \aswsry +2024 by Logan Chaticer ce | A> NotnispRabifg Signature) nn pe RS TA Begg tt Huda, _______ OTA 3 Notary Public (Print Name} fz ONES awe i sion expires: LL {12 | 40-21 moven eoSTATE OF NORTH CAROLINA FILED WITNESS AFFIDAVIT NEW HANOVER COUNTY 1A FEB -2 A I: 36 I, Adam Young, first being duly sworn, do testifyaind Sidie'uhfler“Odutt as follows: 1, Tam over the age of 18 years and Yada eg isabitiy. Tam competent to make this Affidavit and do so voluntarily. Except as specifically stated otherwise, { have personal knowledge of the facts Stated herein, 2. Tam etiployed as the head brewer at Edward Teach Brewery in Wilmington, NC, 3. work on the brewing (manufacturing) side of the business, not the taproom, and work primarily during the day, 4, Twas not present in the taproom on the evening of Thursday, November 16, 2023, 5. While at work the next morning, Friday, November 17, 2023, I was told that some sort of argument occurred the night before and brewery owner Gary Sholar had kicked someone out of the taproom, 1 was not told any other details about the event, 6. L walked with Edwatd ‘Teach’s taproom manager Amy Cavasos and a few other uals, (0 the hallway between the taproom and the brewery, where Edward Teach’s see: footage can be viewed, Amy pulled up the security footage captured fiom taproom the evening before (November 16), and I watehed the footage of what occurred, 7. In this footage, I observed the following: ‘The camera angle of the footage clearly depicted the front corner of the taproom where musicians commonly perform, from a high vantage point. In the footage, I could clearly see from an elevated view the artist performing that night, who I now know to have been Asia Daye. I could also clearly see the front of the bar in the taproom, where the bar forms a point, or a “v", near the front entrance of the taproom.On the other side of the “v” in the baris an additional area where patrons stand or sit, near a large map on the wall, In the footage I could see this ares, but not as clearly as { could see the performing area and the front of the bar. Teould see brewery owner Gaty Sholat in the taproom, socializing with patrons in the area on the far side of the bar near the large map, It was evident that Gary was enjoying himself, was dancing, and appeated to be singing along to the music. ‘The secuity footage did not inelude audio, so I do niot know what music was playing, Gary did not appear to be incbriated, drunk, or stumbling, I do not recall if he had a beer in his hand at the time, At some point, Gary walked towards the performing area (and towards the camera), where Asia was playing music, In the footage I saw Asia sitting on a chair, playing guitar, and singing into the mic. ‘As Gary neared Asia, Gary lifted his left arm atm and briefly tapped Asia on the top of her left shoulder, as ifto let her know he was there, 1 could not tell if Gary intended to sing with Asia ‘or just wanted to communicate something to her, Because the security footage did not have sound, Tcould not tell ifhe sang anything or what song Asia was playing, Gary did not reach for or grab the microphone from Daye, In the footage I could clearly see that Gary did not touch Asia other than to momentarily tap the top of her left shoulder, He did not touch her in any way that was inappropriate or offensive, Asia did not react in any way that suggested there was a problem. Gary did not push into her, knock her off balance, or knock her over, ‘That interaction with Asia lasted for 2 seconds at most, and Gary walked away.Approximately 5 feet away from Asia, [ could see a woman sitting in a chair wearing a red “TEACH! sweatshirt. 1 recognized it as a sweatshirt sold in the taproom. As Gary walked away from Asia, I saw the woman in the red sweatshirt get up fiom the chair, She said something to Gary, and Gary turned around. At first it looked Gary believed the woman was being ftiendly, Right away, however, I saw the woman approach Gary and start pointing her finger in his face, While this happened, Asia remained seated by the microphone with her guitar, Without sound, I could not tell if she was still singing or not, She did not act in any way that suggested she was in distress, From the footage I could tell that Gary and the woman in the red sweatshirt were yelling at each other and engaged in a heated argument. During the argument, Gary walked away from the woman at least twice, and gestured for her (o leave the taproom, Gary made his way back towards the part of the taproom by the map, and the woman in the red sweater followed and continued to provoke him by repeatedly pointing her finger in his face, ‘The footage was less clear while Gary and the woman were over on the far side of the bar by the map, but you could still see Gary and the woman engeged in an argument with the two gesturing with their arms, Lrecall seeing one of the taproom’s chairs fall at some point during the axgument, Although 1 could not tell what caused it to fall over, it was clear in the footage that the chair was not thrown, I did not see the chair hit anyone, It appeared to me from the footage that the woman in the red sweater provoked Gary when she approached him while he was walking away from Asia, that he then engaged in a heatedargument with her, ‘Their interaction was entirely verbal, and it seemed like it lasted maybe 90 seconds in all, 8. Ihave read Madonna Nash's Facebook post from December 29, 2023, about the incident 1 personally observed on the security footage. ‘The way she portrays the events that occured in the taproom on November 16, 2023, are largely untrue and embellished based on what personally observed in the security footage I watched on November 17, 2023. FURTHER AFFIANT SAYETH NOT. this the DD tay of — Taracy/ 2024. Adam Yt STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER, Signed and sworn to before me this YUP day of Soincvas 2024 by Adam Young, v Mo) ‘Notary Publfc (Signature) A.Wudeuv’ Notary Public Print Name) My commission expires: \ \rL.| 104