warriena and tostee meet 8:45pm after they speak on their mobiles and describe where they are and what they're wearing. warriena must have liked tostee and felt good around him in that initial meeting because video footage shows they are back at his apartment complex by 8:58pm. they take selfies and warriena sends them to her sister at around 9:45pm.
tostee didn't start recording until 12:56am, 4 hours after getting back to his place. what happened to make him start recording then? did he start to feel he was getting intoxicated and want to record what happened for memory purposes (as he states is something he did often). or did something happen that made tostee feel the need to record?
59seconds into the recording one of the first things we hear, after tostee turns the music on, is tostee telling warriena not to leave 'don't go baby, please'. so at this point she had planned on leaving. tostee seems to sidetrack her with food and pouring her another drink.
by 1:15am it's fairly evident that warriena is quite drunk. she talks of seeing shadows in tostee's apartment and says something about it being her dead dog. warriena then starts hurting tostee, doing her muay thai. whacks can be heard and tostee saying 'ow, shit'.
they seem to have some type of 'play fight' like warriena is hitting tostee and he's say ow and don't hit me. he seems to be playfully wrestling with her in return, trying to be patient, take her whacks without hurting her in return.
at around 1:20am tostees says 'get on my bed', warriena says a few things but it's not legible until she starts saying forest gump a few times (some code word for stop they previously discussed?) - in a way that sounds like she's begging for mercy. tostee asks 'what about it?' there is the sound of mild struggle and warriena says 'you're not going to do shit to me'. then they talk about tostee and glasses. followed by warriena saying 'you've gotta read the thing (or the signs?)' signs she's not into sleeping with him?
to be honest it sounds as tough tostee is trying to bed her and she is not going along with it, or she is but is hurting him in the process - or hurting him trying to keep him from having sex with her? yet with only a recording it's hard to know what is taking place.
at 1:26am tostee is saying he thinks she's had too much to drink, serious, i should walk you home, go for a walk, please stop that, you're crazy, just relax baby, please. saying he's had a very nice night but .. he doesn't like getting beaten up. warriena says she's not crazy and he's like a christian (because he doesn't like being hurt?)
what is making warriena want to beat him up/play fight? is this something she did often to others as well? or was there something about tostee that made warriena feel she had to show her fighting prowess? chances are she was probably showing off in a drunken playful way, although tostee clearly ins't enjoying it.
1:33am tostee asks if she wants another drink, then says he wants another drink. warriena says she doesn't want a drink anymore and says 'i think it'll be good if you just chill', saying she wants to make sure he's ok, not being weird .. (or words to that effect). we can assume by this statement that she started play fighting and tostee got more physical which left warriena wanting him to 'chill'.
tostee says 'come here'.
warriena says 'ok, have a good night, i'll close the door.'
tostee 'don't close the door no no, do you want me to walk you back home?
warriena 'no it's ok'
tostee 'no come on don't be like that'
warriena 'just have good night .. um ..'
tostee 'stay here and i'll take care of you in morning'
something slams, he says 'hey, you ok?'
warriena 'no'
tostee 'just stay the night'
warriena 'no, good night'
there is the sound of scuffling and blurred sounds. maybe people getting dressed. tostee asks her to pass him a plastic bag then more shuffling sounds. the music stops.
at this stage something has happened to make warriena want to leave. tostee says he's being beaten up yet he doesn't want her to leave. instead she is the one who has wanted to leave twice so far.
it's at this point that warriena can't find her phone (the one that was found in tostee's pocket after her death). tostee says he'll ring the phone but claims to not know the number even though it would be in his phone because they spoke on the phone prior to meeting up that evening.
1:36am tostee says 'hey, i didn't say you had to leave, i just said stop beating me up.' warriena is agitated at this point saying 'are you going to fuckin muay thai me because i will fuckin destroy your jaw'. she says it's not fuckin funny - giving the impression he is perhaps grinning at her making her feel taunted .. ?
this is when warriena says she's going to call the police because she feels like he's stolen from her (phone and money) and threatens to call the police to make him give back her stuff. at this stage tostee says 'call them with what? i thought you lost your phone'.
tostee 'shit, i should never have given you so much to drink, i though we were going to have fun, i don't deserve this shit alright, i'm a nice fuckin guy.'
1:39am tostee 'your phone must be out of battery .. it must be on the balcony.'
at this stage tostee is trying to calm her down while warriena is getting angry because she can't find her phone. she rambles on about being rich and being taken advantage of. you can hear her open the balcony door, go out look for her phone then come back in, balcony door sliding.
tostee asks her if she remembers beating him up half an hour ago. warriena says she did that because he called her a freak. warriena says 'i'll be gone, i'll be out of your hair, see you later, i'm going.'
the phone is found by tostee. warriena says 'see you later.' this is the third time she has talked about leaving.
1:41am tostee wants to sit down with warriena and discuss this. even though he claims she's psycho and beating him up he doesn't seem to want her to leave. some say that's because he was hoping to have more sex. i'm assuming the sex happened prior to his recording because no sexual encounter is heard on the recording [unless I miss something] (though apparently they had sex at some point) and warriena and tostee talk about his penis size later (meaning she must have experienced it at some point to know what it looks like).
warriena is calm now, saying she's a freak (for freaking out), then they chat about bruises and tostee tells her she should just stay overnight, saying he's the most tolerant person in the world. warriena says she's the most tolerant in the person in the world. tostee 'you're just a bit violent though.'
they talk about food again. perhaps tostee thinks that them eating will help sober the situation or keep her staying longer, or perhaps he's hungry himself. he then says he's not the type of guy you wanna beat up. warriena gets momentarily teary at this stage (as you do when you're drunk) and again talks about how she's taken advantage of.
they talk friendly for a while about mythology, again warriena talks like she saw something, asking 'where'd they go?'. talking about how gods are talking to her and she's seeing things. tostee is being nice, friendly, saying 'you're kinda mental but in a really cute way.' he wants to sit with her and snuggle.
1:51am warriena goes to the toilet and tostee whispers 'got help me, shit.' the kind of thing you say to yourself when you're drunk and the night has been weird. he mumbles to himself something about 'fuckin bitch, i wanna smash you .. '. this is whispered so quietly it's barely audible (he knows the recording is on). this is most likely in reference to the fact that warriena is hurting him and he's not liking it.
more drinks are poured. warriena says 'i don't think anyone would give a shit.' tostee says 'i give a shit.' warriena says something about 'if i jumped off a plane nobody would give a shit'.
1:56am tostee talks about being sad because his granddad died. they talk about grandparents. warriena starts talking tagalog and spanish. more drinks are poured and they start talking about social media - perhaps checking warrien's phone ?
2:02am they start talking about uk men's dicks being bigger, tostee asks about his size .. warriena sounds like she's talking another language again, then there is a noise and tostee says 'hey hey hey hey no violence'. the phone sounds funny, he asks 'reload?', moments later he laughs and more drinks are poured. there sounds goes funny again, there is some conversation and what sounds like a scuffle (but it could just be interference), warriena tells tostee to chill out, it's cool and tostee tells warriena 'it's not cool here'. meaning the play fighting isn't cool?
warriena asks tostee to tell her sister she's not a douche and he says so long as she promises not to beat him up anymore.
around 2:07am tostee says he's about to expire and needs to go to sleep. warriena says 'me too.' tostee says she can sleep next to him but he doesn't want her to beat him up. warriena says 'me too, i don't want you to be a dick.' this makes me wonder .. is she play fighting with him because she thinks he's being a dick to her? what is making her feel the need to exert herself and prove her strength? tostee talks about food again. warriena says she's not hungry.
warriena talks about him telling her sister he's not a fictional character. she talks about sam winchester and tostee whispers 'kiss me'. warriena doesn't seem to accept his advances (kiss, snuggle). tostee asks what is he supposed to do (I assume he's referring to her early fictional statement), she says 'flash your penis' and they joke about that for a bit. more drinks are poured.
she's asks 'what have you got here?' tostee says 'fuck off, that's from the cops, don't do that. i told you, if you go all kung fu on me .. ow .. i'm gonna kick your arse.' he jokes about satisfying her sexually. he calls her a wus, she asks if he wants to see what a wus looks like, he says no not again .. she starts play fighting again. he says relax or i'm going to have to kick your arse. he keeps asking 'what am i going to do with you?'
2:10am sound of scuffle then warriena says in pain 'that really hurt my vagina' and it's pretty much down hill from here. he laughs, they still scuffle, she says he sounds like a faggot. she whimpers, he laughs. this goes on for about a minute and ends with him saying 'oh hey down there.' it's quite for a moment then the scuffling starts again. you can tell that he is asserting his strength, and no doubt she is feeling very miffed - because he's turning what she deems as playful fighting into something more serious.
although dr phil always says no matter what a woman is doing to you, you don't ever have the right to lay your hands on her. tostee could handle her play fighting in any number of ways, such as letting her leave his apartment the numerous times she made moves to leave but he seems to like her and want he to stay.
this is where the bebbles come in. you can here her grabbing them and tostee telling her no no don't, they're not real, they're only fake. warriena starts throwing pebbles at tostee.
2:12am tostee says 'she's insane .. laughter .. alright i give up .. what do you want? what do i have to do?' a pebble is thrown and tostee reacts in pain. warriena says (though it's so slurred it's hard to make out - it almost sounds like 'try to love sam') 'try to understand.' tostee answers her calmly 'do what?' she repeats herself twice 'try to understand. try to understand dick!' clearly aggitaged. tostee says 'alright, i'll power (or bow) down.'
i can image what she means is try to understand that using your strength to hurt me is not ok - but this is supposition.
he asks who is sam, she says sam winchester. there is a loud bang and tostee sighs 'i'll bow down to sam.' warriena 'sam winchester.' she repeats for a while 'winchester'. warriena hurts him again and he says 'ow i'll do what you want. sexually i'll be your slave.'
at this stage i'm not sure what tostee is thinking. i'm guessing he's trying to calm the situation down and get things back under control. warriena keeps slurring 'winchester.' not at all sure what she is meaning by saying this name again and agian, though she is clearly agitated and attacking tostee.
2:13am there is more of a scuffle, pebbles being thrown, tostee saying ow and that's enough. warriena says 'that's not enough'. the scuffle gets worse, things get more serious, and warriena grunts as she is overpowered. tostee if puffing. warriena mumbles something like 'hey it's all good.' randomly warriena says seriously she needs to shit. maybe this is her way of trying to get him off her? or, maybe, he's got her in a position that makes her want to release her bowls?
warriena whimpers and tostee says he doesn't care 'that's enough. that is more than enough. you've worn out your welcome, you're not my kind of girl, that's enough, right.' he is huffed and puffed. warriena is under him, whimpering and saying 'no, seriously'.
tostee 'you have to leave'
warriena 'ok', 'it's all good' breathing rapidly. 'he know's', 'hey it's all good'
tostee 'i need a nice girl'
warriena 'hey it's all good'
tostee 'not a fuckin .. not a funkin .. not a fuckin ..'
warriena 'it's not about who you need, it's not about who .. '
tostee 'yeah it is, you're fuckin insane'
warriena 'it's not about who you need, it's about who gives a shit .. baby'
tostee 'fuck' (she mumbles and whimpers) 'i thought you were only kidding but you're not'
warriena 'i need to poo'
tostee 'you poo, go on, right now, i do need a sample of dna'
warriena is breathing heavily, like it's a struggle to breath (remember she is seriously drunk too which would make being overpowered even worse)
2:15am tostee 'see i thought you were kidding and i've taken enough, this is fuckin bullshit. you're lucky i haven't chucked you off my balcony you goddam psycho little bitch'
warriena whispers something like sorry
tostee 'who the fuck do you think i am, yeah do your muay thai now' huffs and puffs 'what? what? got something to say? say it'
warriena 'yeah'
tostee 'say it'
warriena mumbles, she is breathing rapidly.
tostee 'what?
warriena 'you're a sexist' by this she no doubts means him using his superior male strength to overpower her and scare her in this way.
tostee 'yeah right, i'm the one who's injured, you don't have a goddamn scratch on you, little bitch' suggesting she's hurt him enough to injure him.
warriena 'seriously, hey ??' her words are muffled like her face is pushed into something.
tostee 'seriously what? seriously what?'
warriena 'hey ?? really'
tostee 'seriously what?
warriena 'i'm sorry' ? mumbles
2:16am tostee 'i thought you were just playing around but i'm fucking sick of this shit, goddamn psycho. i'm going to let you go, i'm going to walk you out of this apartment, just the way you are, you're not going to collect any your belongings, or anything, you're just gonna walk out, and i'm gonna slam the door on you, do you understand? if you try to pull anything i'll knock you out, i'll knock you the fuck out, do you understand?
more aggressive 'do you understand! do you understand?
warriena (faint) 'yes'
scuffling then tostee 'come on, get up, get up, get the fuck up, get up!'
warriena 'i'm so sorry, i'm so sorry'
tostee 'i don't care, get up'
a struggle ensures. is tostee trying to shove her out the door? is warriena trying to grab her stuff? perhaps this is when warriena grabs the telescope bracket (they say was disturbed at the scene)? but did she have time? was it close to her? or did she grab it earlier?
2:17am tostee 'you don't understand do ya? you don't understand anything at all, do you? you don't understand, you don't understand do you?'
at this stage you can hear warriena chocking, it's a horrible garbled sound
tostee ' you just don't understand
more garbling from warriena.
[at some stage warriena got a hold of a part of tostees telescope. it's hard to tell exactly when this happened though considering she is in fear for her life stage it's understandable that she wanted to have this weapon as way to try and protect herself. however it just makes tostee more angry than he already is.]
tostee 'let go, you think you can hit me and i'll just fall down like in the movies? huh? you don't understand a thing do you'
more garbled breathing sounds coming from warriena.
tostee 'let go of it, let go .. let go .. let go (more serious)'
warriena garbles and struggles for breathe for a good 40 seconds
tostee 'let go'
2:19am 10 seconds later warriena finally drops the telescope bracket.
is it because she grabs the telescope bracket that tostee changes his mind on putting her out the front door and then decides the balcony is better? why didn't he stick to his plan of letting her up and out the front door?
there is a brief scuffle as tostee begins to drag warriena to the balcony and warriena says 'no, fuck, fuck off (sounding very slurred and panicked) fuck off'. no doubt shitting her pants by now because not 5 minutes prior he threaten to throw her off his balcony. she must have thought that was what he was going to do. she certainly knew by now that he had enough rage in him to be a threat to her.
2:20am tostee 'who the fuck do you think you are?'
warriena 'no'
tostee 'hmm?'
warriena 'no no no no'
tostee 'you tried to kill me hmm'
warriena 'no no'
tostee 'why'd you try to hit me with that hmm'
warrina 'no no no no no no (screaming the word by this stage) no! no!'
tostee 'not so cocky now'
warriena 'no no no no no'
tostee 'it's all on recorder you know, it's all being recorded'
warriena sreaming 'no no no no no no no no no no no no, just let me go home, just let me go home, just let me go home'
tostee 'i would but you've been a bad girl'
warriena 'Nooooo!' door slams and locks 'just let me go home, just let me go home, just let me go home, just let me go home ..'
audio shows the door closing and her voice becoming faint through the locked glass while tostee is inside, nearer to the phone, breathing heavily.
faint screams can be heard in the background.
tostee breathing heavily.
tostee doesn't ever react to warriena falling off his balcony. no omg! no holy shit. calling out her name .. instead at 2:21am he phones is lawyer.
he said he wasn't with it enough to remember much of what went on yet he was sober enough to know he should call his lawyer ..
he might not have meant her to die that night, he might not have thrown her off the balcony himself, however he did scare the living shit out of her. he did overpower her and by all accounts strangle her in some form. the coroner said there was no evidence of strangulation yet it's clear on the tape that her air intake is being restricted in an aggressive manner. what's not clear on the tape is how much this would have frightened her.
when she's out on the balcony she doesn't have her phone with her and cannot call for help. is this why she chose to try and escape by attempting to climb down the balcony?
when tostee does react on the tape whispering 'fuck, fuck, fuck' and 'oh my god'. it's not reactive to warriena .. it's the tone one uses when they're thinking of themselves.
when he talks to his dad there is no emotion in his voice. a person has died, partly because of his actions, and he is nonplussed. there is no grief, no remorse, no wishing he'd handled things differently. no sadness at the loss of a life. just indifference.
equally as interesting is tostee saying to his dad 'why dose this shit always happen to me'. would love to know what 'shit' he's referring to. trouble with the police? trouble with women?
tostee claimed that he didn't look over the balcony because he knew she was dead and yet tries to phone her more than an hour after her death. he also tells his dad she ran out onto the balcony which is not the truth. tostee claims to not remember exactly what happened but you'd know you dragged someone to the balcony as apposed to them running to the balcony.
whiteness statements claim tostee told warriena 'you can't get down that way, go back inside'. there is no such statement made by tostee on the recording. he said nothing to warriena once she was outside and doesn't react at all to seeing her on the wrong side of the balcony and then falling.
there are discrepancies .. and yet it appears tostee did not throw the girl off his balcony. perhaps he should have been charged with assault at least, yet with warriena dead there is no one to prove she was assaulted. apparently the court didn't find the tape incriminating in that regard. he was, after all, said to be defending himself and it is evident throughout the recording that warriena is hell bend on play fighting - regardless of how many times tostee asked her to stop.
at the end of the day it's a tragic ending to a young life. and a horrific ending to a date that could have otherwise gone better. i think of the numerous times warriena went to leave and think .. if only she had.
when tostee does react on the tape whispering 'fuck, fuck, fuck' and 'oh my god'. it's not reactive to warriena .. it's the tone one uses when they're thinking of themselves.
when he talks to his dad there is no emotion in his voice. a person has died, partly because of his actions, and he is nonplussed. there is no grief, no remorse, no wishing he'd handled things differently. no sadness at the loss of a life. just indifference.
equally as interesting is tostee saying to his dad 'why dose this shit always happen to me'. would love to know what 'shit' he's referring to. trouble with the police? trouble with women?
tostee claimed that he didn't look over the balcony because he knew she was dead and yet tries to phone her more than an hour after her death. he also tells his dad she ran out onto the balcony which is not the truth. tostee claims to not remember exactly what happened but you'd know you dragged someone to the balcony as apposed to them running to the balcony.
whiteness statements claim tostee told warriena 'you can't get down that way, go back inside'. there is no such statement made by tostee on the recording. he said nothing to warriena once she was outside and doesn't react at all to seeing her on the wrong side of the balcony and then falling.
there are discrepancies .. and yet it appears tostee did not throw the girl off his balcony. perhaps he should have been charged with assault at least, yet with warriena dead there is no one to prove she was assaulted. apparently the court didn't find the tape incriminating in that regard. he was, after all, said to be defending himself and it is evident throughout the recording that warriena is hell bend on play fighting - regardless of how many times tostee asked her to stop.
at the end of the day it's a tragic ending to a young life. and a horrific ending to a date that could have otherwise gone better. i think of the numerous times warriena went to leave and think .. if only she had.
there is little use for what ifs though.
what do you think about all this. is he guilty of something? is she guilty of something? or is it just a serious of unfortunate events?
