Kirchner, Jens Wit

September 2, 2008

Today's date is September 2, 2008. Time now is 1339 hours. My name's Detective Terry Jones. My Code number is 6354. I'm with the Louisville Metro Police Department. This interview pertains to file #08-197. It is a death investigation involving Victim, Max Gilpin. This interview is being conducted at the address of 3209 Mid-Dale, and uh, this interview… Also present during this interview is, is Danny Harrell with the, uh, Jefferson County Board of Education Security. And again, this interview is being taped.

Jones

And at this time, I would ask Mr. Kirchner to identify yourself. Can you say your first name?

Kirchner

My name is Jens Kirchner.

Jones

Can you spell your first name and last name, please?

Kirchner

Alright. J-E-N-S K-I-R-C-H-N-E-R.

Jones

Okay. And your date of birth, please?

Kirchner Jones

And your address?

Kirchner

3209 Mid-Dale Lane.

Jones

Okay. Are you aware this interview is being taped?

Page 2 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Yeah.

Jones

Okay. And at this time, I would ask you if you can refer back to August 20, 2008, at which time you were attending a soccer game?

Kirchner

Yes.

Jones

Okay. At that particular time, can you elaborate on what, what you observed that day while attending the game?

Kirchner

Um, I started to make some pictures because when we arrived, uh…

Jones

Which was what time you arrived?

Kirchner

Um, (inaudible)…

Jones

Okay. You're not for sure what…

Kirchner

Yeah.

Jones

…the exact time?

Kirchner

Yeah.

Jones

But you arrived there with who?

Kirchner

I arrived with my wife.

Jones

And your wife's name?

Kirchner

Uh, My wife is, uh, Christy Robin Kirchner.

Jones

Okay. So you arrived with her to watch the soccer game.

Page 3 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Yes.

Jones

And with her daughter who's, who is playin'?

Kirchner

Yes.

Jones

And what team does she play for?

Kirchner

Uh, she plays for uh, high school.

Jones

High school?

Kirchner

Yeah.

Jones

Okay. Is that Waggener or PRP?

Kirchner

Uh, Waggener.

Jones

She plays for Waggener?

Kirchner

Yeah.

Jones

Okay. So while you were there with your wife, uh, watching the game, uh, with her daughter, uh, what happens while you're there?

Kirchner

Um, yeah, I noticed, uh, that, uh, that the football training happening on the other field.

Jones

Yes sir.

Kirchner

Then I saw the players, uh, making some condition training.

Jones

Uh-huh.

Kirchner

Running from left to right on the field, and, and uh, so I started to make pictures of, uh, my

Page 4 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

step-daughter. Then my attention was caught, and, and because one of the, the football players, uh, seemed to be sick, and, and, uh, he made some, some loud breathing sounds, sounds. And he came close to me, so I, uh, turned around and I saw him passin' by. He was guided by another, uh, uh, football player from the field. And then I turned around again, uh, went on with making my pictures. And… Jones

Okay. The player that got ill, the first player, is he, uh, black male player?

Kirchner

Yes. Yes.

Jones

Okay. And he was being helped off the field by another player?

Kirchner

Yes.

Jones

Okay. Did you see any other players get sick, get ill with him?

Kirchner

Uh-uh.

Jones

That was the only one? that you seen at the time?

Kirchner

It was the only one that I noticed.

Jones

Okay. So they took him to the side. Was he able to get water?

Kirchner

Uh, I did not see that. I only, uh, uh, watched him passing by…

Jones

Okay.

Kirchner

…then I turned around again.

Page 5 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Jones

Okay. Now, you described being at the game and watching the soccer game. So the football players were involved in training? What kind of training were they doin'?

Kirchner

Um, it seemed to be some, some, uh, condition training…

Jones

What was…

Kirchner

…running, uh, from left to right…

Jones

Okay.

Kirchner

…and, uh…

Jones

Okay. So the players involved, involved with, in conditioning, uh, training by running?

Kirchner

Yeah.

Jones

And that's all you saw them do. Right?

Kirchner

Yeah.

Jones

Okay. How were they dressed?

Kirchner

Um, was really mixed up, I would say. Some of them with shirts, other ones without. Some of them only their, their shoulder pads…

Jones

Yes.

Kirchner

…and so it was very mixed up. It seemed, uh, that the trainer allowed them to, to, to, uh, to be able, to, according to their condition…

Jones

Okay.

Page 6 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

…to take off what they want, and.

Jones

Okay.

Kirchner

Others still had shirts on. So…

Jones

Were they in one group or broken down into several groups?

Kirchner

It seemed to me that they were two big groups. Uh, one on each side of the field doing different things. But I cannot be sure, but that's what I noticed there were two big groups of, of, uh, players.

Jones

Okay. So while still watchin' the soccer game, you said you took pictures?

Kirchner

Yes.

Jones

And, uh, this player had got ill, and was taken off the field. Did you see anyone else get ill?

Kirchner

No. Only then the second, uh, uh, player.

Jones

You saw a second player get ill?

Kirchner

Yeah. Yeah. It was, uh…

Jones

And describe him. Was he a white guy, black guy?

Kirchner

He was white, uh, guy, and, and I just saw him laying on the field already. And then other players started to, to, uh, come to him. And then…

Jones

Was he conscious or unconscious?

Page 7 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

He was… He seemed to… I saw his eyes go open, but, uh, he seemed to be unconsciousness because there was no reaction. And, and so they tried to talk to him, and, and, uh, to hold his arms, and, and shake him, and he didn't have any reaction to that.

Jones

So he was unresponsive?

Kirchner

Yeah.

Jones

Okay. And they were tryin' to shake him, tryin' to do whatever they can to, uh, to…

Kirchner

To lift him. Uh, they tried…

Jones

To lift him up?

Kirchner

…to lift him up.

Jones

Okay.

Kirchner

…to get him up again.

Jones

Okay. And what were the coaches doin' at the time?

Kirchner

At that time, I did not see the coach. I did not notice him in that group of people. I don't know where he was. I only saw other, other players and some, uh, uh, other, uh, adult people around that, that player..

Jones

Okay. Now, did they eventually take him off the field?

Kirchner

Um…

Page 8 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Jones

The player that got ill on the field that fell down that collapsed? Did you see him collapse on the field?

Kirchner

No.

Jones

So you only, your attention came after he, other players had gathered around him to try…

Kirchner

Yeah.

Jones

…to help him?

Kirchner

Yeah. Yeah. Because of the sounds that they made, and…

Jones

What kind of sounds did you hear?

Kirchner

Uh, just tryin' to… Everyone was stressed by that situation…

Jones

Yes.

Kirchner

…they tried to, to find a solution for that situation…

Jones

Uh-huh.

Kirchner

…"Get him water. Get him water."

Jones

Okay.

Kirchner

Uh, them yelling, and, and, uh, they piled around him, and, and all were discussing what to do now, and so they all must have noticed that something severe was going on with that, with that boy.

Jones

Something severe.

Page 9 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Yeah.

Jones

Okay. Was he ever taken off the field to get water?

Kirchner

Uh…

Jones

Or he, was he ever taken off the field?

Kirchner

Then, yeah. After…

Jones

How was he taken off the field?

Kirchner

There was an electric, electric cart coming….

Jones

Uh-huh.

Kirchner

…that was used to maintain the fields…

Jones

Okay.

Kirchner

So they must have called at first cause, uh, uh…

Jones

Okay. Let me, just for the papers (inaudible), uh, you stated it was an electric, electrical cart?

Kirchner

Yeah.

Jones

Like a golf cart, similar to a golf cart…

Kirchner

Yeah. Just…

Jones

…of some sort?

Kirchner

Uh, uh, with a pick-up, uh…

Jones

Like a flat.

Page 10 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Flat bed.

Jones

…place in the back.

Kirchner

Yeah.

Jones

Okay. So it was like some, it resembled some type of electrical golf cart…

Kirchner

Yeah.

Jones

…with a flat, flat bed?

Kirchner

Yeah.

Jones

And they put him on top of that?

Kirchner

Yeah. So after around five minutes, that, that cart arrived, so they put that, uh, that boy on the cart, and, and quickly drove him over to the water fountain.

Jones

And what did they do while they were at the water area?

Kirchner

Uh, they started to spray him with water, and that other boy was already down…

Jones

The first one?

Kirchner

Yeah.

Jones

The black guy that got sick?

Kirchner

Yeah. Yeah. They started to spray him, too. He was standing in back of that, leaning against that, uh, uh, cart. And the other one was laying in the, the, in the, uh, passenger

Page 11 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

seat. Jones

Okay. Danny, you have anything?

Harrell

Uh, no.

Jones

Okay. So, so you had been at practice for awhile, correct?

Kirchner

Yes.

Jones

I mean, not practice. You had been at attending the game with your wife…

Kirchner

Yeah.

Jones

…for…

Kirchner

Yeah.

Jones

…more than a half hour?

Kirchner

Yeah.

Jones

Did any, at any time, did you see any players as a team go to the water area?

Kirchner

I did not notice anything like that.

Jones

So 30 minutes while you're there, you never saw anyone as a team, any players as a team, go over to get water?

Kirchner

No.

Jones

Could you see any individual players attempt to get water?

Kirchner

Yeah. That… I saw, uh, boys, uh, going off

Page 12 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

the practice and walking between the fields, and, and, and having water bottles in their hands. So some must have been allowed… Jones

So…

Kirchner

…during the practice to get water.

Jones

Okay. So some did, in your opinion, some…

Kirchner

Yeah.

Jones

…based on your observations, did walk off the field?

Kirchner

Yeah.

Jones

Was it the same player that got ill?

Kirchner

I can't say that for sure.

Jones

You're not for sure?

Kirchner

No.

Jones

Okay. So you did see some players carrying water bottles, correct?

Kirchner

Yeah.

Jones

Okay.

Kirchner

I, I don't know if they went to the fountain, or that maybe that water bottles were at the visitor benches that were at the end of the field.

Jones

Could you determine if it was the same people that were actually practicing, or was it other players, uh, like the, uh, the smaller, the

Page 13 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

younger, little league that was there? Could you determine if it was the same players on the field? Kirchner

Uh, no.

Jones

…that had got water?

Kirchner

I did not pay any attention to, at that point, so…

Jones

Was there a lot of people at that field that particular day?

Kirchner

Yeah.

Jones

Consisting of what? The soccer game? Is that correct?

Kirchner

Yeah. There were a lot of visitors for the soccer game.

Jones

And consisting of the players that were practicing on the field?

Kirchner

I know that there were, uh, uh, the benches were full.

Jones

Okay.

Kirchner

It was some, uh, other young, uh…

Jones

Exactly.

Kirchner

...players. They were…

Jones

…So they're…

Kirchner

…that were sitting on the bench.

Page 14 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Jones

So there was a, another Little League team that was present also, along with some parents…

Kirchner

Yeah.

Jones

…that were there also.

Kirchner

A few parents. I saw only, uh, a few parents.

Jones

And most of these folks were on the benches,

Kirchner

Yeah.

Jones

…sitting on the benches at the far end of the field near the water, or the entrance?

Kirchner

Uh-huh.

Jones

Okay.

Kirchner

Yeah.

Jones

So, so there were several people at, present there. Right…

Kirchner

Yes.

Jones

…during the game and during the practice? Uh, now, you stated you was taking photographs…

Kirchner

Yeah.

Jones

…of the, uh, soccer game.

Kirchner

Soccer game. Yeah.

Jones

And, uh, did you take any of the football

Page 15 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

practice? Kirchner

Uh, I only took one picture of that, uh, uh, from a far distance of my wife that showed, uh, her sitting there with the other, uh, parents watching the game.

Jones

Okay. So there's a chance that you could 'ave taken a photograph of the practice. Correct?

Kirchner

Uh…

Jones

Or having them in the background. Not, not specifically taking a photograph of the practice, but the photograph of your wife with the players behind her. Right?

Kirchner

Yeah.

Jones

There's a possibility of that? Okay. Uh, so the player got ill, and 10 to 15 minutes later, he remained on the field?

Kirchner

Uh…

Jones

(Inaudible) the last player. The white guy?

Kirchner

Yeah. It took, it took five minutes before the, the cart arrived.

Jones

The ambulance, or the cart…

Kirchner

No. That,, that, uh…

Jones

The electrical cart?

Kirchner

The electrical cart.

Jones

Okay.

Page 16 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Then it, uh, the drove directly over to the pump. Then it needed some time. Maybe ten minutes, uh, before, uh, the parents arrived.

Jones

Uh-huh.

Kirchner

And at that time, I was already outside of, of, uh, the parking lot because I smoked a cigarette, so I was close to the water fountain. I saw the mom arriving.

Jones

Uh-huh.

Kirchner

And, uh, then it needed another 10 minutes before the ambulance arrived.

Jones

Okay.

Kirchner

When the ambulance arrived, I was already back on, on, uh, making pictures again.

Jones

Uh-huh.

Kirchner

Uh, yeah. Then they stayed some, some more minutes, before they took him into the ambulance.

Jones

Yeah. But your observations are that he never was conscious? His eyes kind of open, but he never was conscious. Right?

Kirchner

Yeah. It seemed to me that, uh, there was not, no, uh, side of becoming better. You know? It's…

Jones

Okay. So he was still having some very serious health issues.

Page 17 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

Yeah.

Jones

Okay. Danny?

Harrell

Uh, when he's on the fill, or at the water, or when the ambulance got there, you never did see any type of response or none at all?

Kirchner

No.

Harrell

He didn't move his arms or talk or anything?

Kirchner

No.

Harrell

How long was the ambulance there before they left?

Kirchner

It was, I'm sure, 10, 10 minutes at least it took before they, they… Well, uh, plus they just went without, uh, uh… How do you call it? That (Inaudible) they put you on?

Harrell

On the stretcher thing?

Kirchner

Yeah. So that, (inaudible) supposed to went over to see what's goin' on. Then after some minutes, they brought the wagon and put him on there, then into the ambulance and the ambulance itself was standing some minutes in the parking lot before they started to drive to, to the hospital.

Jones

Okay.

Kirchner

So it was, the soccer game was nearly over before he was, uh, brought from the field.

Jones

Okay. Uh, that concludes it. Is there anything else we didn't ask, or anything else important

Page 18 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

that we didn't cover? Kirchner

Uh…

Jones

…that you can remember?

Kirchner

Only what I told you that I saw that, that, uh, uh, the trainer yelling at the boys.

Jones

Uh-huh.

Kirchner

And that time that the boy was, uh, brought over to the water fountain?

Jones

Yes sir.

Kirchner

Uh, that trainer was yelling at all the other players, collect them around him…

Jones

Yes.

Kirchner

…you know, to (inaudible) benches…

Jones

Yes.

Kirchner

…and, and yelled at them, uh, because, uh, he told them that they weren't fast enough getting water for that boy…

Jones

Yes sir.

Kirchner

…and that it's against the teamwork, and, and if you… Uh, then you have to get off the team. If you want to be on the football team, uh, then, uh, you need to listen to the trainer and, and, and that the teamwork…

Jones

Yes.

Page 19 of 19 Statement: Jens Kirchner / Case #08197(D) Date: September 2, 2008

Kirchner

…He continued that a few minutes. And that caught my attention because he was yelling pretty loud. And I could hear that over to me, and I thought, well, he seemed to be very, uh, uh, feel guilty or somethin' like that over what happened that he starts to yell at the boys instead of going over there and seeing what's going on.

Jones

So he never went over to the player. He just…

Kirchner

I'm not sure about that. But…

Jones

You're not sure?

Kirchner

…I know at that minute when, uh, they sprayed him with water, he was not over there. I mean, he preferred to yell at, uh, other players.

Jones

Okay. Alright, sir. Uh, no further questions, we will go off record, or conclude the tape, I'm sorry, at 1355 hours.

END OF STATEMENT File #08197djones-jj