blogs.chicagotribune.com · 2014. 8. 21. · 4:10-CV-01429 NAB pending in the United States...

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

HENRY M. DAVIS,

Plaintiff,

vs. No. 4:10-CV-01429 NAB

MICHAEL WHITE, Individually, and THE CITY OF FERGUSON, MISSOURI,

Defendants.

VIDEOTAPED DEPOSITION OF HENRY M. DAVIS

Taken on behalf of Defendants

July 31, 2013

Sherrie L. Merz, RDR, CCR, CSR

CSR No. 084-002840

CCR No. 995

====----Pohlman USA. com

Court Reporting

10 South Broadway, Suite 1400 • St. Louis, MO • 63102 p 877.421.0099

140 South Dearborn, Suite 1605 • Chicago, IL • 60603 p 312.346.1626

www.PohlmanUSA.com

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EASTERN DIVISION

HENRY M. DAVIS, ) )

Plaintiff, ) )

vs. ) No. 4:10-CV-01429 NAB )

MICHAEL WHITE, Individually, ) and THE CITY OF FERGUSON, ) MISSOURI, )

Defendants. )

VIDEOTAPED DEPOSITION OF HENRY M. DAVIS Taken on behalf of Defendants

July 31, 2013

Sherrie L. Merz, RDR, CCR, CSR CSR No. 084-002840

CCR No. 995

INDEX OF EXAMINATION PAGE

Examination by Mr. Plunkert 5

INDEX OF EXHIBITS

EXHIBIT DESCRIPTION

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Exhibit A Exhibit B Exhibit C

Answers to Interrogatories 27 Supplemental Answers 103 Second Supplemental Answers 121

(The original exhibits were retained by the court reporter and returned to Mr. Plunkert.)

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EASTERN DIVISION

HENRY M. DAVIS, ) )

Plaintiff, ) )

vs. ) No. 4:10-CV-01429 NAB )

MICHAEL WHITE, ) Individually, and THE CITY ) OF FERGUSON, MISSOURI, )

) Defendants. )

VIDEOTAPED DEPOSITION OF HENRY M. DAVIS, produced, sworn, and examined on behalf of the Defendants, on July 31, 2013, between the hours of II: II a.m. and I :59 p.m., at the law offices of Schottel & Associates, PC, 906 Olive Street, Penthouse, St. Louis, Missouri, before Sherrie L. Merz, Registered Diplomate Reporter, Certified Shorthand Reporter and Certified Court Reporter, and afterwards transcribed into print and that signature by the witness is not waived.

APPEARANCES

The Plaintiff was represented by James W. Schottel, Esq., of the law finn ofSchottel & Associates, PC, 906 Olive Street, Penthouse, St. Louis, Missouri 6310 I.

The Defendants were represented by Robert T. Plunkert, Esq., of the law finn of Pitzer Snodgrass, PC, 100 South Fourth Street, Suite 400, St. Louis, Missouri 63102.

The deposition was videotaped by Betty Lovell in association with Pohlman USA Court Reporting, 10 South Broadway, Suite 1400, St. Louis, Missouri 63102.

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IT IS STIPULATED AND AGREED by and between

counsel for the Plaintiff and counsel for the Defendants

that the deposition of HENRY M. DAVIS may be taken by

and on behalf of the Defendants, on July 31, 2013, at

the law offices of Schottel & Associates, PC, 906 Olive

Street, Penthouse, St. Louis, Missouri, before Sherrie

L. Merz, Registered Diplomate Reporter, Certified

Shorthand Reporter and Certified Court Reporter.

* * * * * (On the record at II: II a.m.)

VIDEOGRAPHER: We're on the record. This is

the videotaped deposition of Henry M. Davis. Today's

date is July 31st, 2013, and the time is II: II a.m.

This is the case of Henry M. Davis versus Michael White,

individually, and the City of Ferguson, Missouri. This

deposition is -- this case number, rather, is 4:10-CV-01429 NAB pending in the United States District

Court, Eastern District of Missouri, Eastern Division.

This deposition is being held at 906 Olive

Street, St. Louis, Missouri. My name is Betty Lovell,

the videographer. The court reporter is Sherrie Merz.

We are both with PohlmanUSA Court Reporting in

St. Louis. Counselors, will you state your appearances.

MR. PLUNKERT: Bob Plunkert for the

defendants and for the counterclaim plaintiff Mike

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J__

Examination by Mr. Plunkert

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White. MR. SCHOTTEL: James Schottel, Jr., counsel

for plaintiff Henry Davis. VIDEOGRAPHER: And will the court reporter

swear in the witness.

* * * * * HENRY M. DAVIS,

of lawful age, being produced, sworn and examined on behalf ofthe Defendants, and after responding, "I do," to the oath administered by the court reporter, deposes and says:

* * * * * EXAMINATION BY MR. PLUNKERT:

Q. Mr. Davis, my name is Bob Plunkert as you just heard, and I represent the defendants in this case. You understand you have brought a lawsuit in this case against the City of Ferguson, Mike White, Kim Tihen and John Beaird; is that correct?

A. Yes. Q. Are you aware that you are also named as a

defendant in a counterclaim? A. Yes. Q. Have you ever had your deposition taken

before? A. No.

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Q. Why don't we --why don't I let you know a couple of ground rules that will let everything go smoothly for everyone involved. If you answer out loud as you have been doing rather than nodding or shaking your head, that will assist the court reporter Shen·ie in taking down all the information that we discuss; is that fair?

A. Yes. Q. Ifl ask you to answer out loud, I'm not

trying to, you know, harp on you, but it's something that I'm doing just to keep a clear record so-- just so you know, if that happens, I'll just remind you, okay?

A. Okay. Q. If you would like to take a break for any

reason, please let me know. We can do so, and same thing with Jim. Ifl ask you a question that you don't understand, would you agree to let me know and to -- and I'll rephrase it for you; is that fair?

A. That's fair. Q. And if you do answer, would it be fair to say

that you've understood the question that I've asked of you?

A. Yes. Q. And one last thing is, another thing that I

might remind you of as we go through is ifl -- I will

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let you finish your answer. Try to do your best to let me finish my question so that we're not speaking over one another so, again, Sherrie can take down all the things that we say. It's hard for her to do two at once as you could probably imagine. Does that sound fair?

A. Fair. Q. All right. Now, for the record, what is your

full name, sir? A. Henry Marvin Davis. Q. And what is your date of birth? A. 1217/1961. Q. Are you currently married? A. No. Q. Are you divorced, or have you ever been

married? A. No. Q. Do you have any children? A. Yes. Q. And how many? A. Three. Q. What are their names and ages? A. Henry Marvin Davis, Jr., 31, Terance Okeef

Davis is 27, and Keyoka Matrice Davis is 25. Q. And for the court reporter, could you spell

Terance Okeeffor us?

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A. T-E-R-A-N-C-E Okeef, 0-K-E-E-F. Q. And how about Keyoka Matrice? A. K-E-Y-0-K-A. Q. And is that M-A-T-R-I-C-E? A. Yes. Q. What was her age again? A. 25. Q. Were you living with any of these children at

the time of-- let me back up. Ifi ever mention a time of the subject incident, can we agree that I'm referring to September 20th of2009 --

A. Yes. Q. -- or the night before then? A. Yeah. Q. Were you living with any of these three

children at the time of the subject incident? A. No. Q. Where were you living at the time of the

subject incident? A. 1837 West Clark Street, St. Charles,

Missouri. Q. Do you remember the zip code on that? A. No. Q. Let's discuss your education, sir. Have you

completed high school?

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POHLMANUSA COURT REPORTING (877) 421-0099

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A. Yes. Q. And where did you complete high school? A. California. Q. What was the name of the high school? A. San Fernando High. Q. You received your diploma? A. Yes. Q. What year did you graduate? A. '78, 1978. Q. Did you go on to participate in any

collegiate endeavors or go to college? A. No. Q. Have you had any postgraduation from high

school courses of any kind? A. I have a trade. Q. Your trade? And what is your trade, sir? A. Welder. Q. What courses did you take for welding? A. I took welding. I got certified in MIG, TIG,

stick, flux core. Q. MIG? A. Yes. Q. That's M-1-G? A. M-I-G, T-I-G, TIG, flux core. Q. Flux four?

A. Flux core. Q. Core, okay. C-0-R-P-S, right? A. Yeah.

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Q. Well, what do those-- MIG, TIG, flux, what are those?

A. I'm a structural welder. Q. Structural. And what year did you become

certified in structural welding? A. In 1994 -- '93 or '94. Q. What courses -- where did you take your

courses? A. At--Q. Vatterott maybe? A. No, in California. Q. Okay. Do you recall the name of the

institution? A. No, not right offhand-- actually, Deuel

Vocational, I think D-U-A-L, Deuel Vocational. Q. Deuel Vocational? A. Yeah. Q. Was there another vocation that you were

certified in? A. No. Q. That was the name of the facility? A. That's the name of the facility, yeah.

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Q. I see, I see. What, is that in San Fernando? A. No, that's San Francisco area. Q. Is that -- do you live in the San Francisco

area now? A. No. Q. Where do you live now? A. Alabama. Q. What's your address? A. 1387 Shows Road. Q. Could you spell that, please? A. S-H-0-W-S. Q. And what city and zip code? A. Georgiana -- Georgiana 36033. Q. Okay. And it's my understanding you were

working with O'Fallon Casting at the time of the subject incident, correct?

A. Yes. Q. And how long had you been with O'Fallon

casting? A. Just over a year. Q. And what was your role there or your

position? A. I was a welder. Q. Were you union? A. No.

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Q. So you weren't like a journeyman or an apprentice, COJTect?

A. I was a journeyman welder. Q. Where did you work prior to O'Fallon Casting? A. Tradesmen International. Q. Can you spell that for me? A. T-R-A-D-M-E-N (sic). Q. And did you weld for Tradesmen International? A. Yes. Q. For how long? A. Almost eight years. Q. Since you received your certification in

welding, have all of your employment -- have all of your jobs, have they been in welding?

A. Yes. Q. Okay. Before you received that certificate,

what kind of employment did you have at that point? A. Worked in a factory. Q. Are you making a claim for lost wages in this

lawsuit? A. Yes. Q. And you're not claiming that you lost your

job because of this, con·ect? A. No. Q. And you're not claiming that you were fired

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or demoted -- I shouldn't say fired. You just answered that. You're not claiming you were demoted for any reason because of the subject incident, correct?

A. No. Q. You're just alleging that you lost -- strike

that. You're alleging that you lost three days of

work because of this, correct? A. Correct. Q. And that's the extent of your lost wage

claim, right? A. Correct. Q. We'll get into that in a little bit. When

did you leave the West Clark address in St. Charles? When did you move?

A. June of2010. Q. And then did you move to Alabama at that

point? A. Yes. Q. And what was the purpose for that? Do you

have family there? A. Yes. Q. Was that the reason? A. What -- I got laid off. Q. Okay. O'Fallon Casting laid you off around

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June of2010? A. January. Q. Okay. Do you know why they laid you off?

Did they tell you? A. Work was slow. Q. So it didn't have to do with your

performance; it was with respect to the job opportunities they had coming in, correct?

A. Correct. Q. And you have been at that 1387 Shows Road

address ever since, correct? A. Correct. Q. Are you living with your children there or

anyone there? A. Mymom. Q. Have you discussed this lawsuit with your

mom? A. I talked about it. Q. What's your mom's name? A. Betty Davis. Q. And what have you mentioned to her? A. That I just have a lawsuit. Q. Anything else besides the fact that you just

have a lawsuit? A. No •

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Q. Did she respond to you in any way? A. No.

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Q. She didn't acknowledge or she didn't continue any conversation with respect to you being involved in a lawsuit?

A. No. Q. Okay. Have you ever been to jail? A. Yes. Q. Let's start with the earliest and move

forward in time or chronologically. When was the first time you went to jail? And when I say jail, I also mean prison, if that also applies.

A. 1993. Q. And that was in California, correct? A. Correct. Q. And what was your charge there? A. Robbery. Q. Is it robbery first? A. Yes. Q. And where in California were you -- well, let

me take it two steps -- one step at a time. Where were you arrested in California in 1993?

A. Los Angeles area. Q. Is there any more --LA is a pretty big area.

Is there any more specific you can be as to where?

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A. Northridge. Q. Northridge. And where were you imprisoned or

jailed? A. Tracy. Q. T-R-A-C-Y? A. Y. Q. Is that a county jail? A. That's the name of it, yeah. Q. And on the 1993 robbery first charge, did

you --were you convicted of it, or did you plead guilty?

A. I pleaded guilty. Q. And did you plead guilty to robbery first? A. Yes. Q. And did you receive a sentence? A. Yes. Q. And what was your sentence? A. Seven years. Q. Did you serve any of those seven years? A. Yes, I did. Q. Howmany? A. Three. Q. Were you allowed out on parole? A. Yes. Q. Were there any other charges besides robbery

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first that you pleaded guilty to in 1993? A. No. Q. Had you ever been on probation before 1993? A. Yes. Q. And when was that? A. I don't remember. Q. Do you recall the charges? A. No. Q. Do you recall pleading guilty to any of the

charges? A. No. Q. Do you recall the county or-A. Los Angeles. Q. Just so I'm sure, you don't remember what the

charge could have been on that earlier probation? A. I don't remember. Q. Were you ever put into jail? A. No. Q. So in 1993, that's the first time you were

ever arreste-d? A. Whenever I went to jail. Q. Okay. Well, was there a time before 1993

when you were ever arrested? A. Yes. Q. And when was that?

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A. I don't remember. It was in the '80s. Q. How many times? A. Once. Q. And where was that? A. In The Valley, San Fernando Valley. Q. How many days or hours did you spend in jail

in San Fernando Valley in the '80s? A. I don't remember. Q. Okay. So as we're going through the

timeline, you were arrested in the '80s in San Fernando Valley. And in 1993 you pleaded guilty to robbery first in the LA area, more specifically Northridge, and spent time, spent three years in Tracy County Jail; is that right?

A. Correct. Q. When you were allowed to leave Tracy County

on parole, did you ever violate that parole? A. No. Q. When was the next time you were arrested? A. 1999. Q. And that was for a DWI, correct? A. Correct. Q. Was this a misdemeanor charge in California? A. Yes. Q. And did you plead guilty to that?

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A. Yes. Q. What was your sentence, if any? A. I didn't do-- have no sentence. Q. Okay. So you had a suspended imposition of

sentence maybe or probation? A. I just had to do a class. Q. What kind of class was it? A. A DUI class. Q. And how many days was the class, how many

courses, how many hours? A. I don't remember how many hours. Q. Do you remember how many times you had to

appear for the class? MR. SCHOTTEL: Objection, irrelevant. Subject to the objection, you can answer the

question if you know. A. Probably three months maybe. Q. (By Mr. Plunkert) Was that also, I guess,

referred to as SA TOP, have you ever heard of that? A. No. Q. Okay. When was the next time you were

arrested after the 1999 -- well, strike that. Where was the 1999 arrest for DUI?

A. Van Nuys, California. Q. When was the next time you were arrested?

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A. This case here. Q. Do you know what you were arrested for in

this case here, what your charges were? A. Traffic tickets. Q. One charge was careless and imprudent

driving, correct? A. Yes. Q. And then one was speeding, correct? A. Yes. Q. A third charge was failure to produce an

insurance ID, correct? A. No. Q. Okay. Are there any other charges that

you're aware of that occurred on the underlying incident?

A. No. Q. Were you ever charged with DWI? A. No. Q. Have you been arrested since the subject

incident? MR. SCHOTTEL: Objection, irrelevant.

Q. (By Mr. Plunkert) You can answer. A. Yes. Q. And when was that? A. Of'012.

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Q. So last year? A. Last year.

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Q. What were you arrested for? What was your charge or charges?

A. For having a billy club. Q. I'm sorry, say that again. A. For having a billy club.

MR. SCHOTTEL: I'll just state a running objection to all these regarding a 2012 arrest.

Subject to that, you can answer the question. Q. (By Mr. Plunkert) Was that charge a

misdemeanor in Alabama? A. It was in Pennsylvania. Q. Okay. What was the charge -- is it just

called having a billy club or--A. It was a misdemeanor. Q. Okay. Did you plead guilty to the

misdemeanor? A. Yeah. Q. And did you receive a sentence? A. Yeah. Q. What was your sentence? A. Six months. Q. In a Pennsylvania jail? A. Yes.

Q. Which jail was that? A. Chambersburg.

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Q. Could you spell that for the court reporter? A. No. Q. Okay. Where in Pennsylvania, what city-A. Chambersburg. Q. Okay. Did you serve all six months? A. Yeah. Q. Was your residence at that time still in

Alabama? A. Yeah. Q. Did you have any other charge at that time

besides having a billy club? A. No. Q. Have you been arrested since then? A. No. Q. It's my understanding that you've had DWI

charges in Missouri in the early 2000s; is that accurate?

MR. SCHOTTEL: I'll object to the form of the question that it's your understanding.

Q. (By Mr. Plunkert) Have you had--MR. PLUNKERT: Sure. Let me rephrase. MR. SCHOTTEL: Sure.

Q. (By Mr. Plunkert) You've had some DWI

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charges in the early 2000s; is that accurate? A. No.

Q. Have you ever been asked to submit to a Breathalyzer and refused in 2003, 2006 and 2009?

A. Yeah. Q. Were you arrested for those instances? A. Yes. Q. Was there a reason that you didn't inform me

of that earlier when we were going through your arrests in a timeline?

A. I wasn't charged with a DUI. Q. But you were arrested, correct? A. They took me in -- yes. Q. Okay. Well, then, I just want to make sure

that while we're here today I have an understanding of your arrest record. So it's my understanding at this point after talking to you that we have -- you have been arrested in the '80s, in 1993, in 1999; is that all correct?

MR. SCHOTTEL: I'm going to object, asked and answered, summarizing what the testimony is. If you're going to ask him a question, ask him a question.

Q. (By Mr. Plunkert) Subject to that objection, you can answer.

A. What's the question again?

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Q. Sure. I want to make sure that I have an understanding of all of your arrests and your arrest record. You've testified about the arrest in the '80s, you were arrested in 1993, and you were arrested in 1999. And in that timeline, when is the next time you were arrested?

A. On this charge here. Q. And this charge here, you were arrested in

2010 --A. Okay. Q. -- is that right? A. That's right. Q. But you just earlier said that you were

arrested with respect to refusing a Breathalyzer in 2003, 2006 and 2009, correct?

A. That's correct. Q. So those would be the next times you were

arrested, right? A. Yeah. Q. Okay. Let's talk about those. In 2003, do

you recall what you were arrested for or if you were charged for anything?

A. No. Q. Do you recall where you were arrested? A. No .

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Q. Do you recall what jail you went to? 1 (Exhibit A, Answers to InteJTogatories, was A. No. 2 marked for identification.) Q. Anything you recall about the 2003 arrest 3 MR. PLUNKERT: I have a copy for counsel as

other than that it happened? 4 well. That's the original. A. No. 5 MR. SCHOTTEL: Look through that. Q. When is the next arrest that you had after 6 Q. (By Mr. Plunkert) Sir, if you can, look

2003? 7 through that. A. I don't remember. 8 While you're reading through that, for the Q. Okay. Well, the 2006 with respect to the 9 record Exhibit A is Plaintiffs Objections and Answers

Breathalyzer, is that one that you were arrested for? 10 to Defendants Michael White and City of Ferguson's First A. If you say so. 11 Set of Interrogatories Directed to Plaintiff. Q. Sir, I don't -- cannot say so. You're under 12 Sir, have you had the chance to look through

oath and testifying. I'm asking you if you remember if 13 Exhibit A? you-- 14 A. Yes, I have.

A. Well, I don't remember. 15 Q. Have you ever seen that before? Q. Okay. Is it your testimony that from 2003 16 A. I've seen it now.

until the subject incident you don't recall whether or 17 Q. Have you ever seen that before today? not you were arrested? 18 A. No.

A. That's right. 19 Q. I'd like to turn your attention towards Page Q. Do you recall if you ever pleaded guilty to a 2 0 15 of Exhibit A.

misdemeanor or a felony in that 2003 to 2009 time frame? 21 A. Okay. A. No. 2 2 Q. Is that your signature? Q. Can you-- do you know if you were ever 2 3 A. Yes, it is.

convicted of a felony or a misdemeanor between 2003 and 2 4 Q. That's where you signed and subscribed and 2009? 2 5 swore under oath to the responses, correct?

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A. No. 1 A. Yes.

Q. Do you recall being arrested in the 1970s for 2 Q. I'd like to direct your attention to possession or selling a dangerous weapon? 3 Interrogatory No. 24, which is on Page 14. You see

A. No. 4 that?

Q. Do you recall ever being atTested in the '70s 5 A. Okay. in LA? 6 Q. Do you see it?

A. No. 7 A. Yeah, I see it.

Q. Is it possible? 8 Q. Okay. You refer to my house and a friend's A. No. 9 house, con·ect?

Q. Do you recall in 1978 ever being arrested for 10 A. Yeah. theft of personal prope11y? 11 Q. On the --the night before you were arrested,

A. No. 12 your house was 1837 West Clark Street, right? Q. Have you told me about all the times that you 13 A. That's right.

recollect being arrested today? 14 Q. And where was your friend's house? A. Yes. 15 A. Off of Kingshighway somewhere.

Q. I'd like to -- have you reviewed anything in 16 Q. Was it Kingshighway south of 70? preparation for your deposition today? 1 7 A. Somewhere -- yeah, somewhere around there.

A. No. 18 Q. It was north of 40, correct?

Q. I'd like to turn your attention to 19 A. Yes. September 20th of2009, okay? You understand that that 2 0 Q. What was the friend's name? is the day in question of this lawsuit, correct? 21 A. I think it was James.

A. Yes. 22 Q. What was James' last name? MR. PLUNKERT: Let me submit as a deposition 23 A. i don't know.

-- I'm sorry, as an exhibit, I guess we'll mark it-- 2 4 Q. Can you describe James for me? I'll mark it Exhibit A . 25 A. About six-one, short hair, 200, I don't know,

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maybe 210,220, brown skin. Q. You had been at his house, is that correct,

James' house? A. Yes. Q. What time did you get to James' house? A. Probably about 7:00, 8:00. Q. And why don't we do it this way: Let's start

the day of and go time-wise. Let's talk about the day before you were arrested. Do you recall waking up in the morning?

A. Yeah. Q. Okay. What did you do after you woke up? A. Ate breakfast. Q. And then what did you do? A. Worked out. Q. What time did you wake up? A. I don't remember. Q. Okay. Sometime before noon? A. Yeah. Q. After you worked out, what did you do? A. Walked my dogs. Q. You mentioned you worked out. At that time

how often did you work out? A. Every day. Q. And how much did you weigh at that time?

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A. Except weekends. Q. Okay. And how much did you weigh at that

time? A. 180. Q. I'm sorry to cut you off there. You worked

out, then you walked your dogs. What did you do after you walked your dogs?

A. Took a shower. Q. Okay. Then what? A. Then watched TV. Q. All right. When did you top watching TV? A. I don't remember the exact time. Q. What did you do after you watched TV? A. I got dressed and went out to his house. Q. To James'? A. To James' house, yeah. Q. Do you recall what time that was?

MR. SCHOTTEL: Objection, asked and answered. I think he said --

Q. (By Mr. Plunkert) Subject to that, you can go ahead.

MR. SCHOTTEL: I think he said 7:00 or 8:00. A. It was 7:00 or 8:00 by the time I got to his

house. Q. (By Mr. Plunkert) That's what time you got

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there. Do you recall what time you left your house? A. About 30 minutes before. I guess that's how

long it took me to get there. I don't remember. Q. Did you stop anywhere on your way there? A. No. Q. What did you do once you got to James' house? A. Sat there, watched the fight. Q. Well, who was fighting? A. I don't remember. Q. Was it a pay-per-view kind of thing? A. Yeah. Q. Was anyone with you two watching the fight? A. It was a few people over there. Q. Who else was there? A. I don't know their names. Q. You don't know-- how many people were there? A. About eight. Q. And other than James, you don't recall one

name of any of the other individuals? A. Nope. I never knew. First time meeting

them. Q. Were the other people drinking? A. Yeah. Q. Were they doing any drugs? A. No.

Q. Was James drinking? A. Yeah. Q. James wasn't doing any drugs? A. No. Q. Were you drinking? A. I had a couple of beers.

Page 32

Q. When you say a couple, do you mean two or-A. Two beers. Q. What kind of beers? A. Bud Light. Q. Were they 12-ounce cans? A. Yeah. Q. Did you have any wine or any hard liquor or

spirits? A. No. Q. Did you at any point -- I guess you stayed to

watch the whole fight, right? A. Yeah. Q. And after the fight concluded, was everyone

kind of hanging out after that and still partying? A. Yeah. Q. And did you at any point leave that house? A. Yes, I did leave. Q. What time did you leave? A. I don't know, about 2:30, sometime around

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there. It was late, early in the morning. Q. So from approximately 8:00p.m. to 2:30a.m.,

you had two 12-ounce beers? A. That's right. Q. And nothing more in alcohol, right? A. That's it. Q. You did not do any drugs, correct? A. No. Q. At 2:30 --at that point in time, you

actually were driving a Cadillac Escalade; is that correct?

A. Yes. Q. Is it white? A. Yes. Q. At that point, you got into your Escalade and

drove away from James' house, correct? A. Correct. Q. As you sit here, do you remember any

landmarks or cross streets that were near James' house? A. No, I don't remember. Q. Was it Fairmount Park-- there's a park

around Kingshighway. Was it near a park? A. No. Q. Ifi had a map for you, would that help you

out at all?

A. No. Q. Did you leave with anyone else? A. No.

Page 34

Q. Do you still have the same cell phone you had at that time?

A. Yeah. Q. Okay. How did you get in contact with James

about the fight? A. I work with him. Q. You had his number, right? A. I had his number at the time. Q. Did you delete it? A. I never had it programmed in my phone. Q. So you had it written down somewhere? A. Yeah. Q. Okay. You had a cell phone at the time? A. Yeah. Q. Do you know James' number? A. No. Q. Do you know where he currently resides? A. No. Q. Do you know any ofthe people who were

there -- you said the eight people that were there. Did you ever come to find out where they lived or their numbers?

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A. No. Q. When you got in your car at approximately

2:30, what did you do? A. Just driving home. Q. Did you go north on Kingshighway to 70 and go

70 west? A. No. Q. What did you do? A. I got on 70, came back north. Q. Okay. So you got on 70 heading north? A. Yeah. Q. And then what, if anything, happened? A. Well, it was raining, and I got pulled over. Q. Were you traveling at approximately a hundred

three miles per hour when you were pulled over? A. No. Q. You kind oflaughed there. Is that number

out of proportion? A. Yes, it is. Q. Were you speeding? A. No. Q. What's the -- do you remember the speed limit

there? A. 65 I think, 65. Q. How fast were you traveling?

A. I was doing the speed limit. Q. So 65? A. If not slower; probably slower. Q. Were you maintaining your lane? A. Yeah.

Page 36

Q. Were you driving recklessly and imprudently? A. No. Q. No? A. No. Q. Do you recall the name of the officer that

pulled you over? A. No. Q. Can you describe the officer? A. No. Q. You don't remember as we sit here today? A. No, I don't. Q. Do you recall what --you pulled over. Did

you pull over immediately? A. I was already pulled over before they even

came up and got behind me. Q. Why were you pulled over? A. Because it was raining so hard, I couldn't

see. Q. Do you know, did they tell you why they

pulled you over if you were already pulled over?

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A. They said I had warrants. 1 out my hand and snatched me out my truck and handcuffed Q. Were you pulled over on the highway or on the 2 me and put me in the car.

shoulder or somewhere else? 3 Q. So that officer said nothing to you? A. Off the off ramp -- on ramp. 4 A. Said nothing. Q. Do you recall the exit? 5 Q. Can you describe the build or describe that A. No, I don't remember-- I don't recall. 6 officer for me?

Q. Do you recall thinking you were in Cave 7 A. No. Springs? 8 Q. Was it Officer Michael White?

A. No, wasn't nowhere near Cave Springs. 9 A. No. Q. So it was raining so hard that you could not 10 Q. Was it Officer Kim Tihen?

see, and you pulled over on the on ramp, and you're not 11 A. No. sure where that was. And then police cars approached 12 Q. Was it Officer John Beaird? you from behind; is that correct? 13 A. I don't know.

A. That's correct. It was off of270 somewhere. 14 Q. Was it an officer with the City of Ferguson?

Q. So you took 70 north to 270, and then you got 15 A. All I know is a police officer, and he put me onto 270? 16 in the back of the car and they took me to the police

A. I didn't get on. I was pulling over, because 17 station. I couldn't see. 18 Q. Did he put you into handcuffs?

Q. I guess my question right now is just that 19 A. Yeah. your travel, you went from Kingshighway to 70 to 270; is 20 Q. That officer took you to the police station. that accurate? 21 When you say the police station, are you referring to

A. Correct. 22 the City of Ferguson?

Q. How many police cars approached from your -- 23 A. Yes. from behind? 24 Q. What, if any, conversation did you have with

A. I don't know. 25 that officer on the way to the City of Ferguson Police

Page 38 Page 40

Q. Did an officer come to your door? 1 Station? A. Yes. 2 A. I asked him what I was getting arrested for. Q. And what happened? 3 Q. And what did he say? A. He snatched my phone out my hand, snatched me 4 A. He said because I had all kind of warrants.

out the car and put me in a police car. 5 Q. Was that true? Q. Okay. Well, did he knock on your door first 6 A. No.

before those events happened? 7 Q. Any other conversation that you had with this A. No. 8 arresting officer? Q. Was your window open? 9 A. No. A. Yes. 10 Q. Who were you on the phone with?

Q. Wasn't it raining hard? 11 A. My son.

A. Yeah. 12 Q. And which son?

Q. Were you driving with your windows open? 13 A. Henry Davis, Jr.

A. No. 14 Q. Do you recall what you were discussing with

Q. Did you voluntarily put your window down? 15 him as the officer took it from you?

A. Yes. 16 A. Yes.

Q. Why? 17 Q. What's that?

A. Because I seen the police coming, walking up, 18 A. Told him the police pulled me over.

so I rolled my window down. 19 Q. What else did you tell him?

Q. Okay. So you rolled it down as they were 20 A. That's it.

approaching before he got to your door, correct? 21 Q. Were you talking to your son while you were

A. Correct. 22 on the highway?

Q. What, if anything, did he say to you before 23 A. No.

he reached in and grabbed your cell phone? 24 Q. So you called him after you -- well, let me

A. He didn't say nothing. He snatched the phone 25 ask you this: Did you call him when you saw the police

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come up from behind you? A. Yes. Q. Why? A. Because of the police was coming behind me.

I'm always going to call somebody. Q. So how long was that phone conversation? A. A minute, if that. Q. What's your cell phone number right now? A. (334) 362-0794. Q. Is that a new number? A. Yes. Q. When did you get that number? A. About two weeks ago. Q. And who was your provider at the time of the

subject incident? A. I don't understand. Q. Was it AT&T, Verizon or who was your

provider? A. Who was my provider when this incident

happened? Q. Correct. A. T-Mobile. Q. Because you've already testified it's the

same phone that you had at the time --A. No. This is a different phone. I got both

Page 42

phones in my pocket right now. You asked me did I have the other phone. I said yes.

Q. Okay. So you have two cell phones? A. Yes, but this one is not working because the

battery blew up, so I come out here so I can get another battery for it.

Q. What's the number for that cell phone in your right pocket?

A. (636) 541-7670. Q. And that's the number that you had on the day

in question, right? A. Yeah. Q. And that was aT-Mobile number, correct? A. Yep.

MR. SCHOTTEL: Is it all right if we take a quick minute?

MR. PLUNKERT: Sure. MR. SCHOTTEL: I just need to get a cup of

water. MR. PLUNKERT: Sure. We'll take a break. VIDEOGRAPHER: We're offthe record at

12:02 p.m. (Off the record at 12:02 p.m. Back on the

record at 12:04 p.m.) VIDEOGRAPHER: We're back on the record at

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Q. (By Mr. Plunke1t) Sir, it's my understanding that your son has the same cell phone number today as he did at the time in question, correct?

A. I'm quite sure that's the same number. Q. And that number is (818) 233-9273, correct? A. Yeah. Q. Did you call anyone while you were on the

highway in your Escalade on the night in question before you were pulled over or before you stopped your car on the highway?

A. I don't remember. Q. Do you recall texting anyone? A. No, I didn't text nobody. I don't text. Q. After you were put in the car, did you look

around and see how many other squad cars were there? A. No, it was -- no. I seen a bunch of lights.

I don't know how many it was. Q. Anything else that you remembered from the

time -- that we haven't discussed yet from the time that you were, as you say, you were pulled out of your car and placed into the back seat of an officer's car? Anything else that you remember that you haven't told us?

A. No.

Q. Were you drunk? A. No. Q. Did you slur your speech? A. No.

Page 44

Q. You mentioned that you had two beers. When was the last beer that you finished at the party at James' house when you were all watching the fight?

A. I don't know; probably about 10:00. Q. Okay. So from about 10:30 p.m. to 2:30a.m.,

you didn't have any alcohol, right? A. No. Q. Do you recall arriving at the City of

Ferguson Police Station? A. Yeah. Q. Can you describe for me what happened when

you arrived? Y bu got out of the car, right? A. Correct. Q. Were you pulled out, or did you get out on

your own? A. Got out on my own. Q. And then what happened? A. Walked into the booking room, walked in

through a hallway to the little pink booking room, wherever, where they book you.

Q. Is this the first time you've ever been into

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the City of Ferguson jail? A. Yes. Q. And were you greeted by a correctional

officer? A. I don't remember. Q. What do you remember? A. I remember going to the booking room. They

took me right in. Q. Okay. Now, can you describe the booking

room? Is this a cell or a cage? A. It's not a cell. It's like a room, and they

got a cage behind -- the booking officer is behind the little -- like a little office.

Q. Were you still handcuffed? A. Yeah. Q. Had you been searched yet? A. They searched me when I got in there in the

booking room. Q. Did you have any weapons on you? A. No. Q. What happened when you went to the booking

officer? A. What do you mean? Q. I mean, what happened? Did he talk to you?

Did he ask any questions?

Page 46

A. Yeah. They took the handcuffs off, and he asked for my jewelry. I gave -- took off my jewelry.

Q. What else? A. He asked me my name, my Social Security

number. Q. Did you give your name? A. Yes, I did. Q. Did you give your Social Security number? A. Yes, I did. Q. What else did they ask? A. This was pretty much it. Q. Then what happened? A. He said we have a problem. Q. The correctional officer said that? A. The booking officer said that. Q. Okay. Can you describe the booking officer

for me? A. No. I don't remember exactly what he looked

like. Q. What did the officer say after, the

correctional officer say-- the booking officer, I should say -- after he said we have a problem? I mean, did you ask him why?

A. Yes, I did. Q. And what did he say?

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A. He said -- because the warrants they was trying to say I had, the guy was 6 foot 1, and he had a different Social Security number than mine, and a different middle name.

Q. And what else happened? I mean, did you ask him for clarification, or what did you say?

A. Yeah. I said I told you guys it wasn't me. I don't have no warrants.

Q. What did they say? A. Said we have a problem. Q. Okay. And take me through what happened

next? A. That's when they wanted me-- that's when

they wanted to put me in the cell. Q. Okay. Before we get to the point where they

wanted to put you in the cell, who owned the Cadillac Escalade that you were driving?

A. Ido. Q. And you did at that time, right? A. Yes. Q. Do you still drive it? A. Yes, I do. Q. And the plates were registered to your name? A. Yes. Q. Did you ever come to find, even after the

Page 48

fact, what they were talking about on someone having a different middle name?

A. It wasn't me who they was looking for. Q. Let's go back to the jail. And they said

they wanted to put you in a cell. So describe that. Did you leave the booking area?

A. Yeah. Q. And did anyone escort you? A. Yes. Q. Who escorted you? A. The booking officer. Q. Anyone else? A. No. Q. And where did you go? A. Into the jail. Q. Okay. And then up to a cell? A. Yeah. Q. It's still just the booking officer next to

you, right? A. At that time. Q. Did you have any conversation with the

booking officer from that path from the place where you were booked to the place where you were-- the cell?

A. You mean walking to the cell? Q. Yeah.

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A. No. Q. He didn't say anything to you; you didn't say

anything to him? A. Nd, because it's not that far away. Q. Okay. How far away was it? A. I don't know. Q. Can you describe the jail? Were there people

talking, or were most people asleep? A. There was -- I guess they was asleep. I

don't know. Q. Were there any noises or speaking coming out

of the cell? A. Wasn't no noises. Q. Okay. Okay. So at the time you got to a

cell with the booking officer, what happened? A. He wanted to put me in the cell. Q. Okay. And what did you say or do? A. I said somebody's in there. Q. Okay. And what did he say? A. - He said so. Q. Then you said? A. I said it's a one-man cell. Somebody's in

there. Q. What happened next? Did he say anything to

you?

Page 50

A. Yeah, he told me I was going in the cell. Q. And what did you do or say? A. I said, well, give me one of those mats. He

had a stack of mats right there. Q. Did you see the stack of mats? A. Yes, I did. Q. Where was it? A. It was off to the side stacked up. Q. Was it by the booking office? A. Yeah. Q. Where in reference to the booking office was

the stack of mats? A. I don't know. It was right in front, from

the inside of the jail. Q. So you told the booking officer I want one of

those mats, right? A. Yes. Q. Well, what did the booking officer tell you? A. He said I wasn't getting one. Q. Okay. Then what happened? A. And then I said, well, chain me on the bench.

You have a bench with handcuffs. I said put me on the bench, and then I'm just going to bail out.

Q. What do you mean by bail out? A. I was going to make bail.

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Q. Okay. So you wanted the booking officer to put, chain you to one of the benches instead of put you in a cell, because you were going to make bail?

A. That's correct. Q. Did you know how much your bail was at that

point in time? A. No. Q. How do you know you were going to make bail? A. Because I worked. Q. Okay. What did the booking officer tell you

in response to your suggestion to go by -- get chained to the bench?

A. He said no. Q. Okay. What happened, if anything, next? A. He called a whole bunch of more officers

down. Q. Did he tell you why? A. Because I said if he wasn't going to give me

a mat or chain me to the cell (sic), I wasn't going in the cell.

Q. He said that to you, or you said that to him? A. He said what? Q. Did you tell him I'm not going in the cell? A. Once he told me he wasn't giving me a mat and

wasn't going to chain me to the bench, I told him I'm

not going into that cell. Q. And then he called for other officers? A. Yeah.

Page 52

Q. Why weren't you going to go into that cell? A. Because it was a one-man cell, one bed, and

somebody was already in that bed. Q. Was it your understanding that all the other

cells were taken at that point in time? A. Yes, they was. Q. Did he tell you that? A. No. Q. How did you come to find that out? A. When I was in there the next day. Q. All the other cells were taken? A. Yeah. Q. Okay. Now, what's the next thing you

remember after he called for backup? A. That they all came down and surrounded me. Q. Can you describe the individuals that

smTounded you? A. No. I know there was one female, and I know

Michael White. And the other two or three, I don't remember.

Q. How do you know it was Michael White? A. Because he's tall, and he had on black

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leather gloves. Q. Well, have you ever met Michael White before

this? A. No. Q. Did you ever meet him after this? A. Nope. I never met him. I seen him. Q. And I guess my question is how do you know

that that was Michael White because he was tall and wearing black leather gloves?

A. Because I seen it on his badge. Q. You saw his nameplate? A. Yeah. Q. All right. How many officers or booking

officers or correctional officers total surrounded you? A. Four, I believe. Q. So it was the booking officer, the female

officer, Michael White and another officer; is that accurate?

A. Yeah, I think there was one more. I'm not sure.

Q. All right. What happened next? Did you say anything to them, or did they say anything to you?

A. They asked me was I going into the cell, and I told them.

Q. They said why aren't you going in the cell,

Page 54

right? A. Yeah. Q. And then what did you tell them? A. Because there's somebody in there, it's a

one-man cell, and he won't give me a mat. Q. And what did they tell you? A. At that point, they didn't say nothing else. Q. What happened? A. One officer opened up the cell door, and

that's when Michael White rushed me into the cell. Q. So the officer who opened the cell door

wasn't Michael White? A. No. Q. It wasn't the female officer? A. Not that I-- no. Q. And it wasn't the booking officer? A. I don't know what officer it was. Q. Michael White tried to get you into the cell? A. Yeah, he threw me in the cell. Q. Okay. Describe for me what you mean by

throw. You can use your hands if you want. A. He grabbed me by my chest and rushed me all

the way into the back of the cell. Q. Now, there was someone in the cell at that

time, right?

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A. That's right. Q. Can you describe that person? A. He was short; short black man.

Page 55

Q. And where in the cell was that short black man?

A. He was standing up on his bed. Q. Did he say anything? A. No. Q. He was just-- it appeared as though he was

trying to avoid everything? A. Yeah. Q. You said Michael White pushed you, shoved you

to the back of the cell? A. He grabbed me and he rammed me into the back

of the cell. Q. Okay. Did you hit the wall? A. Yes, I did. Q. What part of you? A. My back and the back of my head. Q. Was it a concrete wall? A. Yes. Q. You weren't knocked out, were you? A. No. Q. You didn't sustain any cuts from that, did

you?

A. No. Q. Did he hit the wall? A. No.

Page 56

Q. Okay. What happened next after you hit the wall?

A. After I hit the wall, I just covered up. Q. Did you ever take a fighting stance? A. No. I covered up. Q. Okay. What do you-- can you show the jury

what you mean by covering up? A. Well, my back hit the wall. He had me like

this (indicating). When my back hit the wall and back of my head hit the wall, I just covered up like this (indicating).

Q. So you raised your arms in the air over your head?

A. I covered them -- I ducked my head and covered up like that.

Q. Did either of your arms or your hands strike Michael White?

A. I don't recall. Q. Is it a potential; it could have happened?

MR. SCHOTTEL: Objection, calls for speculation.

A. I don't know. I just covered up, because I

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didn't want to get-- I was a little dazed, and I didn't want to get hit, so I covered up.

Q. (By Mr. Plunkert) All right. And then what happened?

A. Then he ran out the cell. Q. Do you know why? A. No. Q. Are you aware that Michael White had a broken

nose after that incident? A. I heard that. Q. Okay. Do you know how his nose broke? A. No. Q. Did you ever punch him in the nose? A. No. Q. Did you ever hit him in the nose with your

forearm? A. No. Q. Did you ever head butt him in the nose? A. No. Q. I'm interested --when I said use the forearm

or head butt, you had this weird look on your face. Why --why?

A. Because it don't make sense. MR. SCHOTTEL: Objection, irrelevant. You

can't ask him about his expression. You can ask him

Page 58

about facts. Subject to the objection, you can answer the

question. MR. PLUNKERT: He already has.

Q. (By Mr. Plunkert) Subject to that

oJ:>jection --MR. SCHOTTEL: I'm still lodging my

objection. Q. (By Mr. Plunkert) So subject to that

objection, what was your response? A. I said it don't make sense, the question that

you asking me. Q. Okay. When I asked about whether you punched

him, you didn't make that face. Why not? MR. SCHOTTEL: Objection, irrelevant. You don't have to answer why you make a face

or not. MR. PLUNKERT: Are you instructing the

witness not to answer? MR. SCHOTTEL: That question, yes.

Q. (By Mr. Plunkert) Okay. My question, for the record, is why you did not make any face for my question as to did you punch Michael White. It's my understanding you're being instructed not to answer that question based on what, is it relevance?

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MR. SCHOTTEL: Yeah, absolutely. MR. PLUNKERT: Any other objection? MR. SCHOTTEL: No, totally irrelevant.

Whatever faces he makes is totally irrelevant to the facts ofthis case.

Q. (By Mr. Plunkert) Okay. Are you following your attorney's advice?

A. Yes, I am. MR. PLUNKERT: Okay. I don't find that to be

a privilege. I don't find it to be a confidential statement. I don't think that those grounds for instructing him to not to answer are proper, and I'd rather not have to come back here and ask the Court --

MR. SCHOTTEL: It's harassing and annoying. Just move -- keep asking questions. You're doing fine. But when you're asking about emotions or a face that he makes in a deposition, that's improper, and it's solely to annoy and harass. So I think that is a basis under the rules.

MR. PLUNKERT: Okay. It does not appear as though the instruction will change. I'll move on.

Q. (By Mr. Plunkert) What, if anything, happened after you covered up and put your arms kind of over your head?

A. What do you mean?

Page 60

Q. What happened next? Did you go to the ground? He ran out, you said -

A. Right. Q. --and did you fall to the ground? A. No, I didn't fall to the ground. Q. Okay. What happened? A. I walked -- I proceeded to walk towards the

cell, the front cell, the gate, and I told the police officers there that I didn't do nothing; why is you guys doing this to me.

Q. And what did they do or say? A. They said okay, just lay on the ground and

put your hands behind your back. Q. As Michael White ran away, did you see any

blood on him? A. No, I didn't. Q. Did you see any blood on you? A. No, I didn't. Q. Do you know if you were bleeding? A. I wasn't bleeding. Q. Okay. Did you then get on the ground and

comply with the officers? A. Yes, I did. Q. Did you go on your stomach or on your back? A. On my stomach .

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Q. Did you put your hands behind you back? A. Yes, I did. Q. Did you lay straight? A. Yes, I did. Q. Then what happened? A. The female officer jumped on the bed, then

straddled my back. Q. Did you say she jumped on your head or on

your back? A. I said she jumped on the bed. Q. On the bed, okay. Well, do you recall where

the inmate, the cell mate was at that time? A. He was out the cell. Q. Okay. A. He ran out the cell. When he rushed me,

pushed me in the cell, he ran out the cell. Q. Okay. So the female officer was on --jumped

on the bed and then straddled you, correct? A. That's right. Q. So when you were laying down on your stomach,

were you on the ground or on the bed? A. I was on my -- on the ground. Q. Okay. Why did-- I don't understand why she

jumped on the bed before getting on you. A. Because there's no room.

Page 62

MR. SCHOTTEL: Objection. There's no question, plus you're stating impressions of counsel.

Q. (By Mr. Plunkert) Sure. Let me rephrase. Do you know why the female officer jumped on the bed before she jumped on -- or she straddled you?

MR. SCHOTTEL: Objection, calls for speculation into the mind of the officer of why she did an act.

Subject to the objection, you can answer the question.

Q. (By Mr. Plunkert) Subject to that, you can answer.

A. That was the only way she could get around to get behind me.

Q. What happened next? Did she try to handcuff you?

A. She did handcuff me. Q. And then what? A. And that's when a couple other officers ran

in the cell. Q. So she was able to get both handcuffs on both

of your wrists, correct? A. Correct. Q. And they were both behind your back, correct? A. Correct.

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Q. Then other officers entered the cell? A. Yeah. Q. How many others? A. Two. Q. Wasn't it your testimony earlier that only

one person could fit in the cell? A. That's right. Q. So right now you have four people in the

cell? A. She's still standing over me. Q. Okay. A. She's standing over me. I'm laying on my

stomach and she's holding me up. But they can come to the front-- the cell before the bed, it's wide enough right in the front, and they can come right there, to the front right there. They wasn't going in back-because nobody can get behind me.

Q. So she helped you up? A. Yes. She was holding me up. Q. Okay. At this point, no officer has punched,

correct? A. No, they did. Q. At this--A. When I got handcuffed. Q. Did she punch you?

Page 64

A. She did and other officers -- I was getting hit, and then that was it.

Q. Did she punch you after you were handcuffed or before?

A. Yeah, after. Q. Okay. Now, let's talk about the time frame.

Before you were handcuffed, you weren't kicked, COITect? A. Correct. Q. You weren't punched, correct?

A. Correct. Q. You weren't-- the only contact that you've

described before you were handcuffed is when you were pushed to the back of the cell, correct?

A. Correct. Q. Okay. Now, after you were handcuffed, she

pulled you up, con·ect? A. Yes, yes. Q. Two other officers entered, right? A. Yeah. Q. And then what? A. They started hitting me. Q. With what? A. They're hand. Q. The two other officers? A. I was getting hit, and I just covered up like

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Page 65

that (indicating). I was getting beat, and then they

left out. Q. You mean they left the cell?

A. Yeah. They backed out the way and moved out the way.

Q. At any point, did they kick you?

A. Yeah. Q. So they hit with their hands and their feet?

A. No. Those two that was hitting me, when they ran out, then they backed out. Then Michael White ran in the cell and kicked me in the head, while I was being held up.

Q. How high was your head when you were held up?

A. I was still low. She was straddling my back still. I wasn't even up off the ground.

Q. Okay. So you were kind of lifting your head up?

A. Yeah, she said I'll kind of hold -- lift you up and she kind of pulled me up like this, and that's when ·he ran in and kicked me in the head.

Q. Did he kick you with the toe of his boot or another part?

A. The toe. Q. How many times? A. Once.

Page 66

Q. Okay. Where-- can you point on your head

where?

A. Right there where you see that scar. Q. I don't know if the camera can see the scar,

so let's --just keep your head like that. Can you point to the camera where you were referencing the scar?

A. Yeah (indicating). Q. Okay. For the record, do you know how long

that scar is?

A. No. Q. After Michael White ran back into the cell,

as you've stated, and kicked you with the toe of his boot, were you able -- at any point, were you able to see Michael White and see if he was bleeding or not?

A. No, I wasn't seeing if he was bleeding. I seen him run -- try to kick me in the eye, and I put my head like that (indicating) and he kicked me in the forehead.

Q. Did you see blood on him?

A. No, I didn't. Q. What happened after that? A. He ran back out the cell. Q. Then what? A. And then the female officer was holding me,

still holding me up like this, and she said, oh, my God.

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Page 67

Q. Why did she say, oh, my God?

MR. SCHOTTEL: Objection, calls for

speculation, looking in the mind of the other officer-

Q. (By Mr. Plunkert) Let me rephrase. What did

you say to her or do to her after she said, oh, my God?

A. I didn't say nothing. I couldn't-- I didn't say nothing. I couldn't say nothing; couldn't do nothing. I almost passed out at that point.

Q. From what?

A. From the kick in the head. Q. Did you pass out?

MR. SCHOTTEL: Objection, asked and answered.

A. I just said. MR. SCHOTTEL: He said I almost passed out. Subject to be that, you can answer the

question. Q. (By Mr. Plunkert) Did you pass out at any

point in time that night from the kick in the head?

A. Maybe for a few seconds. Q. And when was that?

A. When she was still holding me up in the air. Q. Okay. What happened next?

A. I don't remember too much what happened. Paramedics came.

Q. Okay. Did they treat you?

A. No. Q. Why not; did they tell you?

A. Yeah. Q. What did they say?

Page 68

A. They said it was too much blood. I had to go to the hospital.

Q. So the paramedics refused to treat you,

because they said there was too much blood?

A. That's right. Q. What did you say? A. I didn't say nothing. Q. But you didn't plead with them to treat you?

A. No, I just looked at them. They left. They looked at me. They said what they had to say, and they turned around and walked away.

Q. Can you describe those paramedics? A. No. Q. Okay. Do you know what entity they were

from? A. No. Q. Okay. What happened next?

A. They came and got me and took me to the hospital.

Q. Okay. How many officers took you to the hospital?

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Page 69 Page 71

A. I don't remember. Q. Did you go in a patrol car? A. Yes, I did. Q. Do you recall having your picture taken at

any point? A. Yes, I did. Q. Have you seen that picture? A. No. Q. Do you recall who took it? A. Booking officer. Q. Let me ask you; while the female officer was

in the cell, you referenced that she punched you after you were handcuffed; is that correct?

A. Yeah. Q. Did she ever kick you? A. No. Q. Did she do anything except for punch you? A. That's it. Q. How many times did she punch you? A. I don't remember. Q. How many times did the other officers punch

you? A. I don't remember. Q. Did any officer except for Michael White's

kick to your head, did any officer kick you?

Page 70

A. No. Q. Were there-- was there any-- did anyone

tase you, use a Taser? A. No. Q. Did anyone use a billy club on you? A. No. Q. So aside from the one kick and the punching,

are there any other points of contact that the officers used like kneeing or anything else?

A. No. Q. Okay. So you eventually go to the hospital

with a police officer or more -- we're not sure how many. Which hospital did you go?

A. I don't know. Q. What happened at the hospital? A. Nothing. Q. You didn't get treatment? A. No. Q. Did they tell you-- did they say something

to you as to why they were not treating you? A. No. Q. As you sit here today, do you know why? A. Yeah. Q. Why didn't they treat you? A. Because I told them not to .

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Q. Why? A. Because I wanted my picture taken. Q. Why was your focus on the pictures and not on

getting treatment? A. Because I wanted a witness and proof of what

they done to me. Q. Let me hand you what I've marked-- we'll

mark it as Exhibit B -- well, strike that. Hang on one second. Let me ask you some questions.

Have you ever seen medical records from the hospital of that night?

A. No. Q. Do you recall telling the doctors I just want

my phone call and my pictures? A. No. Q. Did you just tell the doctor I want my

pictures? A. Did I just tell the doctor I want my picture? Q. Yeah. A. No. Q. What did you say to the doctor? A. I told him I want him to take pictures of

what they done to me. VIDEOGRAPHER: Would you uncover your mike,

please?

Page 72

A. Oh. Q. (By Mr. Plunkert) Do you recall telling a

doctor I want some pictures? A. Yes. Q. Okay. Do you recall yelling at the hospital? A. No. Q. Did you recall refusing the treatment? A. Yes. Q. Okay. Do you recall saying I ain't signing

nothing? A. Yeah. Q. Did you ever ask for a phone call at the

hospital? A. No. Q. Did you ever hear from the hospital staff--

did you ever hear from them anything along the lines of asking you to calm down?

A. No. Q. Is it your testimony that you were calm in

the hospital? A. Excuse me? Q. Is it your testimony that you were calm in

the hospital? A. Yeah. Q. I understand that you had asked for someone

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Page 73

to take a photo of you. A. Yeah. Q. My question to you is why did you refuse

treatment? A. Because -- because I wanted my picture taken. Q. Any other reason beside that? A. Yeah -- no. Q. What I don't understand is what the picture

being taken, why that affects whether you get treatment for your head? And it was bleeding at that time, right?

A. Because they wanted to clean me up first, and I told the doctor to take pictures, and then he can treat me.

Q. Because you wanted the photo to show the blood, right?

A. Correct. Q. And you didn't want the hospital to clean

something up so that any pictures that were taken of you would actually show the blood, right?

A. No, that's wrong. That ain't the-- why. That ain't why I told them that.

Q. You didn't want them cleaning you up? A. Till after they take pictures. Q. And why-- why? A. Because I didn't want them covering up no

Page 74

evidence. Q. Do you remember the hospital staff asked to

take your blood? A. No. Q. Did you ever hear anyone from the hospital

staff ask you to take your blood to get a reading with respect to your alcohol level?

A. No. Q. Wliat happened-- what else happened at the

hospital that we haven't discussed? A. That's pretty much it. Q. So what happened next? Did you get taken

back to the jail? A. Yeah. Q. And do you recall how many officers took you? A. No. Q. Was there any conversation that you had with

this officer or officers either on the ride to the hospital or back to the jail from the hospital?

A. No. Q. Okay. Were you then greeted by a

correctional officer when you got back to the jail? A. I don't remember. Q. What do you remember after you got back to

the jail for --this is the second time that you went to

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Page 75

the jail?

A. Then they took me back and put me in a cell. Q. Okay. A. By myself. Q. Do you know where that other inmate went? A. No. Q. Did they tell you why that cell was free? A. No. Q. Did you have any conversations with them from

the time you got to the jail to the time you were put into a cell?

A. No. Q. Were you struck, punched, kicked, tased or

hit in any way on the time that you went back from the hospital to the cell?

A. No. Q. How many officers put you in the cell? A. I don't remember. Q. Did you go to sleep at that point? A. Not right away. -Q. What did you do? A. Sat there. Q. Were you on a bed? A. Yes. Q. Was there a mat in there?

A. There was a mat on the bed.

Page 76

Q. But other than that, was there another one in there?

A. No. Q. How many days were you in the City of

Ferguson jail? A. I don't remember; three or four. Q. What was your bond? A. 1500. Q. And why didn't you make bond? A. I did. Q. Okay. A. They didn't give me a phone call till a

couple of days. Q. All right. From the time that you returned

from the hospital to the time that you were released from the City ofFergusonjail, were you treated fairly at the jail?

A. I don't know if you consider it fairly or not but--

Q. If you don't consider it fairly, what are you referring to?

A. What are you referring to? Q. Sir, I'm just asking if you were treated

fairly from the time that you returned from the hospital

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Page 77

to the time you were released. MR. SCHOTTEL: Objection, irrelevant. Subject to that, you can answer the question.

Objection, also vague of what treated fairly is, but if you understand the question, you can answer it.

Q. (By Mr. Plunkert) Sir, if you have a problem with the term treated fairly, you know, tell me if you don't feel you were treated fairly. I just want to know if you were or weren't.

A. I was treated like everybody else, I guess. Q. Okay. So you don't have any specific

complaints with respect to that time frame; is that correct?

A. No. Q. That is correct? A. Yeah. Q. Okay. Who did you call once you got your

phone call? A. Called my mom. Q. Did she help get you the money to bail out? A. I bad the money. Q. Okay. What did your mom do? A. She-- they wouldn't-- I had to send some

money to my neighbor so she can bring it up to the jail to get me out, because they wouldn't let me do it over

Page 78

the phone or they couldn't accept a credit card. Q. So did your neighbor bail you out with your

money? A. Yes. Q. And who -- what is your neighbor's name? A. Sharon. Q. Do you know Sharon's last name? A. No, she got a funny last name. Q. Now, you're aware that you've alleged several

counts against defendants in this lawsuit, correct? A. Correct. Q. And I want to make sure that you've had a

chance to describe the events that took place with respect to the subject incident. Have you had that chance?

A. Yes. Q. Okay. Is there anything that we have not

discussed that occurred that you recall happening? MR. SCHOTTEL: Objection, overbroad and

vague. Subject to that, you can answer the question.

A. No. Q. (By Mr. Plunkert) Okay. Do you recall

spitting on any officers? A. No.

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Page 79

Q. Did you see blood on officers' clothing from your head or from anywhere?

A. No. Q. And then I just want to make sure I

understand your response. You don't recall one way or the other, correct? There could have been blood; there couldn't have been?

A. I didn't see no blood. Q. You did not see blood, okay. A. But mines (sic). Q. Okay. You were bleeding from your head. Was

there a lot of blood? A. Yes, it was. Q. Was it on your face? A. Yes, it was. Q. Was it on your clothes? A. Yes, it was. Q. Was it on your hands? A. No. Q. Did you ever put your hands to your forehead

and--A. No, I was handcuffed. Q. Okay. That's right. Were you handcuffed

when you were in the hospital too? A. Yes, I was.

Page 80

Q. Did you ever -- did you ever pick at your head so it would bleed more?

A. No. Q. Did you ever growl at the officers? A. Growl at them? Q. Yeah. A. No. Q. Did you ever glare at them or stare? A. I might have stared at them. Q. You understand when I ask you about glaring,

right? A. No, I don't. Q. You don't understand, okay; kind of stare at

an officer in a threatening way. A. No. Q. Did you ever posture towards any officer as

ifto fight? A. No. Q. Did you ever resist being placed into

handcuffs? A. No. Q. Did you ever lay on your hands to prevent

officers from putting handcuffs on you? A. No. Q. Did you ever flail your arms at the officers

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Page 81 Page 83

or any officer? 1 black man. A. What do you mean? 2 Q. Is your testimony that those bruises were Q. Flail, did you ever wave your arms at them? 3 difficult to see? A. No. 4 A. That's right. Q. Did you ever take a swing at any of the 5 Q. How many bruises were there?

officers? 6 A. I don't know; four or five. A. No. 7 Q. And where were they? Q. Did you sustain any other injuries besides 8 A. On my body, my rib cage--

the kick in your head? 9 Q. How many on your --A. My body. 10 A. --my back. Q. Where? 11 Q. Okay. I want to --those four or five A. All over. 12 bruises, I just want to find where they were on your Q. What kind of injuries? 13 body?

A. Well, they beat me. 14 A. It was like all over my body, man, my back, Q. What kind of injuries all over your body? 15 shoulders. A. Bruises. 16 Q. How many were on your shoulders?

Q. Okay. Did you take photos of those bruises? 17 A. I don't know. A. No. 18 Q. How many were on your back?

Q. Why not? 19 A. I don't know. -A. Because I didn't. I didn't have a camera. 20 Q. How many were on your rib cage?

Q. Did you take a photo of your head after the 21 A. I don't know. incident? 22 Q. Okay. Anywhere else besides shoulder and

A. No. 23 back, rib cage? Q. Is that because you didn't have a camera? 24 A. As far as bruises no. A. I just didn't. 25 Q. Okay.

Page 82 Page 84

Q. Weren't you worried about there being 1 A. Besides the back of my head. evidence of your injuries? 2 Q. Was the back of your head bruised?

MR. SCHOTIEL: Objection, irrelevant. 3 A. Yeah. Subject to the objection, you can answer the 4 Q. Anywhere else besides shoulders, back, rib

question. 5 cage and back of head that was bruised? A. Well-- 6 A. No. Q. (By Mr. Plunkert) You remember when you were 7 Q. Anywhere else besides your head which was cut

at the hospital -- 8 or bleeding or scraped?

A. I know. 9 A. Now, you talking about the back?

Q. Okay. 10 Q. No. Other than the top of your head, were

A. Yeah. 11 there any other parts of your body that were cut--

Q. Okay. Were you worried about that when you 12 A. No. were released? 13 Q. You said no, right?

A. No. 14 A. Right.

Q. Why not? 15 Q. Okay. Were you ever given commands to stop

A. Because when they took my booking picture, 16 resisting while you were in the cell?

they took it with all that dried blood all over my head. 17 A. No.

Q. Did that depict any of the bruises that 18 Q. Did you ever seek medical treatment for the

you're referring to right now? 19 bruising on your body?

A. You couldn't see the bruises on my body. 20 A. No.

That didn't show up till days later. 21 Q. Okay. How long did it take for those bruises

Q. Okay. When it showed up days later-- 22 to go away?

A. I was so-- I'm-- 23 A. I don't know; about 30 days or so.

Q. Go ahead. 24 Q. 30 days?

A. You can't see too many bruises on me. I'm a 25 A. Or so.

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Page 85 Page 87

Q. Is that normally how long it takes for a bruise to--

A. I don't know. I'm not a doctor. Q. I l!lean, your body. A. Well, I don't know. I don't get bruised.

That's not something that happens every day. Q. Can you describe John Beaird and his

appearance? A. No. Q. Can you describe Kim Tihen and her

appearance? A. I just know she's short. Q. Do you recall what her build was? A. She's kind of petite. Q. Would it be fair to say that you weigh more

than Kim Tihen? A. Yes. Q. Would it be fair to say you're stronger than

Kim Tihen? A. Yes. Q. Have you spoken with any employee -- if it's

an officer or anyone else-- from the City of Ferguson since your release?

A. No. Q. On April 15th of2010, you pleaded guilty to

Page 86

some charges arising out of the subject incident; is that correct?

A. Yes. Q. You pleaded guilty to careless and imprudent

driving, correct? A. Correct. Q. And you were fined -- do you recall how much

you were fined? A. $3,000. Q. How much, if any, ofthe $3,000 fine did you

pay to the city? A. About 1600. Q. So you still owe $1400 on your fine to the

city? A. Somewhere around there. Q. Are you still making payments? A. Yes, I am. Q. When you pleaded guilty, you admitted to the

Court that you drove carelessly and imprudently, correct?

A. Correct. Q. You also admitted that you failed to maintain

a single lane, correct? A. That was part of the deal. Q. Okay. You also admitted that you had no

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proof of insurance; is that right? A. No. Q. You did not admit to that, okay. A. Because I had insurance. Q. Well, earlier you testified you were not

carelessly and imprudently driving. Do you recall admitting -- saying that?

A. Yes. Q. But you stated that you did carelessly and

imprudently drive, to a court of law; is that correct? MR. SCHOTTEL: Objection, he pled guilty.

A. That was the deal. Q. (By Mr. Plunkert) But you did state that to

a court, correct? A. Yes, I did. Q. And what was the deal? What were the terms

of the deal? A. That I pay a fine, a $3,000 fine. Q. Okay. Were you dishonest to the Court when

you stated you were careless and imprudently driving? A. No. Q. So -- okay. So were you carelessly and

imprudently driving? A. Wait, I didn't understand that. Say that

again.

Page 88

Q. Yeah. Were you dishonest to the Court, when you told the Court you -- when you pleaded guilty and admitted that you were carelessly and imprudently driving at the time?

A. No, I wasn't dishonest. That was part of the deal.

Q. Okay. So was that guilty plea untrue? A. Yes. Q. Okay. When you pleaded guilty and admitted

to failure to maintain a single lane, was that also untrue--

A. Yes. Q. --that you stated to the Court? A. Yes. Q. Were there any other untrue statements that

you made to the court? A. No.

MR. SCHOTTEL: Objection, assumes facts not in evidence. They're not statements to the Court. He's pleading guilty in a criminal -- municipal criminal charges whereas a deal was brought. Subject to the objection, you can restate your answer.

Q. (By Mr. Plunkert) You also pleaded guilty to two counts of destruction of city property, correct?

A. Correct.

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Page 89 Page 91

Q. And specifically, that had to do with spitting blood; the charges had to do with spitting blood on a uniform -- is that incorrect?

A. No. Q. Okay. What did the charges have to do with? A. Blood on the uniform. Spitting didn't have

nothing to do with that. Q. Okay. Did your blood end up on the uniform

of the police officers? A. No, I didn't see it. Q. Did you admit to the Court that you destroyed

city property on two different counts? MR. SCHOTTEL: Objection to the form.

A. I-- yes. Q. (By Mr. Plunkert) Okay. And what was the

basis for that? Did you in fact do it? A. No. Q. So were you untrue to the Court on that?

MR. SCHOTTEL: Objection, improper, it's improper impeachment. Pleading guilty is not an admission of a fact.

MR. PLUNKERT: What is your objection? MR. SCHOTTEL: That is my objection. MR. PLUNKERT: Is it a foundation or a form

or--

Page 90

MR. SCHOTTEL: Both. Q. (By Mr. Plunkert) Okay. My question-

MR. SCHOTTEL: And misstates the facts, misstates testimony.

Q. (By Mr. Plunkert) My question to you, sir, is when you stated, when you admitted and pleaded guilty to destroying city property, was that untrue?

A. Yes. Q. You recall pleading guilty to a failure to

obey? A. No. Q. Okay. Is it your testimony at no point did

you fail to obey a police officer's command? A. That's right. Q. You generated some attorney's fees --

invoices, I should say, of Jim Schottel on the underlying representation on the criminal case, con·ect?

A. Correct. Q. How much did he charge you? A. I don't recall. Q. How much have you paid him? A. Over a thousand. Q. And that's with respect to the criminal

aspect of the claim, correct, or are you talking about just overall?

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A. No, it's overall. Q. Do you owe him money? A. Yes. Q. Howmuch? A. I don't know. Q. Are you claiming the attorney's fees on your

criminal case? Are you claiming that you are entitled to compensation for that in this lawsuit?

MR. SCHOTTEL: Objection, vague as to the criminal case. They were two different criminal cases with respect to this case.


Q. (By Mr. Plunkert) Okay, sir. Is it your understanding there are two different criminal cases on the underlying claims?

A. Yes. Q. And what are those two cases? A. The criminal cases is over. Q. And there were two ofthem; is that right? A. Yes, I recall-- I think. I don't remember. Q. Okay. So on either of those two claims, were

you claiming compensation for attorney's fees in this lawsuit?

A. Repeat that again.

Page 92

Q. Yeah. Are you claiming for compensation-are you asking the Court and the jury to award you attorney's fees with respect to the two criminal cases that you had?

A. With the criminal-- I don't-- I don't recall. I don't understand what you're saying.

Q. Okay. What is your-- what is the fee agreement in this case?

A. Excuse me? MR. SCHOTTEL: Objection. That is irrelevant

and it's protected under the law of disclosure. It has nothing to do with the claims of the defendants -- or the defenses in this case.

Q. (By Mr. Plunkert) Let me phrase it this way: Are you -- is your attorney charging you on this civil case on an hourly basis?

MR. SCHOTTEL: Same objection. You can't answer that -- you don't have to

answer that. MR. PLUNKETT: Okay. Well, I'm asking

questions about the fee agreement alone and not communication with counsel.

MR. SCHOTTEL: Yeah, but the fee agreement is protected. There's a lot of case law on this. I already told you about this but --

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MR. PLUNKERT: Are you instructing the witness not to answer?

MR. SCHOTTEL: Yes. With respect to any terms of the -- of our fee agreement in this case, it is not relevant. Only-- it becomes relevant if he is the prevailing party.

Q. (By Mr. Plunkert) Sir, are you taking the advice of your counsel?

A. Yes, I am. Q. And you're not going to answer, correct? A. Correct. Q. You have not had any surgeries with respect

to this -- your head, correct? A. Correct. Q. Were you placed on any medication? A. Yes. Q. And it's my understanding you went back to

St. Joe-- or not back; you went to St. Joseph's Hospital on September 22nd; is that correct?

A. I don't recall the exact date. Q. Okay. After your release, you went to the

hospital, right? A. Yes, I did. Q. How many times did you visit the hospital? A. A few, a few-- a few different times.

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Q. What medication? A. I don't-- I can't pronounce the name, but it

was for pain. It was pain pills. Q. Was it Vicodin or-A. No, I don't--Q. -- Percocet? A. -- I can't remember the name of them. Q. All right. How long were you on that pain

medication? A. Till I ran out. Then she was going to refill

it, but she told me that I could get addicted to it so just get it over the counter, if I didn't want to become addicted to the pills. So I just started -- after I ran out of that which you described, I was just -- I keep getting them. I'm still buying them over the counter.

Q. You still are? A. Yeah. Q. On those prescribed ones, though, was that

for about a month before they ran out? A. Yeah, something like that. Q. And were you given any other medication

besides the pain killers? A. She gave me two different kinds. Q. Okay. So two different kinds of pain

killers?

Page 94 Page 96

Q. Few instances? 1 A. Yes, two different kinds of prescriptions A. Yeah. 2 that I was taking. Q. Okay. On the few different times that you 3 Q. Okay. Do you recall any other medication for

went to the hospital after you were released from the 4 any other purpose other than pain medication --City of Ferguson jail, what happened? Were you 5 A. No. diagnosed with anything? 6 Q. -- that you were prescribed?

A. They did a CAT scan. 7 A. No. Q. What did they find? 8 Q. Are you currently being treated by any A. That I have a concussion. 9 doctors? Q. Who diagnosed you with a concussion? 10 A. No. A. The doctor. 11 Q. You don't anticipate any further treatment Q. Do you know which doctor? 12 with respect to your head, correct? A. I don't remember the doctor's name. 13 A. No, I just get some headaches. I just keep Q. Do you remember the hospital of the doctor 14 getting over the counter.

that diagnosed you with a concussion? 15 Q. You had headaches before this incident, A. No-- it's St. Joe-- St. Charles-- the 16 right?

hospital in St. Charles. I don't remember the name of 17 A. No, I didn't. it. 18 Q. This is the first headache that you ever had

Q. Any other diagnoses that a doctor gave to 19 in your life? you? 20 A. No, that's not.

A. No. 21 Q. Well, I wasn't-- okay. Let me finish my

Q. No? 22 question, and then you can answer. Was the first

A. No. 23 headache that you ever had in your life after the

Q. Were you placed on medication? 24 subject incident?

A. Yes. 25 A. After? This is the first headache I had

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Page 97 Page 99

causing -- since this incident, yes. Q. And I'm not asking about causation. I'm just

asking if the very first headache you ever had in your life occurred after the subject incident?

A. No. Q. You had headaches before then, right? A. Yeah. Q. Okay. Has a doctor ever told you that you

have headaches because of the subject incident? A. Because of this incident here? Yes. Q. Which doctor? A. I don't-- my doctor I went to at the time. Q. And that's the one in St. Charles? A. Yeah. Q. You don't recall specific names, correct? A. No. Q. Was it multiple doctors or just one? A. I was just seeing -- actually, it was a

couple of doctors. Q. All from St. Charles? A. Yeah. One was from -- one did the CAT scan,

and the one who sent me there. Excuse me. Q. Have you ever sustained a head blow in your

life before September of 19th-- of2009, rather? A. No.

Page 98

Q. Have you sustained a head blow since that date?

A. No. Q. But it's your testimony that you sustained

two head blows on the date in question, correct? A. Yes. Q. As a welder at the time, how much were you

being paid? A. On that job? Q. At O'Fallon Casting. A. I was making-- it was $18 but since I worked

the night shift, I was making 19-something, 19.23 or something like that, because I worked the graveyard shift.

Q. And you were held for approximately three days in that jail due to the charges and some of which you pleaded guilty to, correct?

A. No, I didn't know what I was held for. They never told me till I got ready to get out, the charges.

Q. Did you subsequently learn that you were being held for some of the charges that you pleaded guilty to?

A. Yeah. Q. Okay. Do you recall ever attending a

preliminary hearing against you in the criminal matter

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or criminal matters, plural? A. Yes. Q. Do you recall the judge saying you were bound

over to the Circuit Court for trial? A. No. Q. Okay. Do you recall the judge --what do you

recall from that preliminary hearing? A. Nothing, really. Q. Do you know Jim Schottel was there? A. Yes. Q. Do you recall some witness -- sorry, go

ahead. A. No, I said yes. He's my attorney. Q. Do you recall some witnesses took the stand,

correct? A. Yes. Q. One of which was a female officer, right? A. Yes. Q. Okay. Do you remember at the end, the judge

found that there was probable cause for the charges? A. Yes. Q. And subsequently, after there was probable

cause for the charges, it was set for trial, right? A. Yes. Q. But the trial never happened, right?

Page 100

A. No, it didn't. Q. The prosecutor decided to drop the charges

against you, correct? A. That's correct.

MR. PLUNKERT: You want to take a break? Now is probably a good stopping point.

MR. SCHOTTEL: All right. VIDEOGRAPHER: We're off the record at

I:09p.m. (Off the record at I :09 p.m. Back on the

record at I: 17 p.m.) VIDEOGRAPHER: We're back on the record at

1:17 p.m. Q. (By Mr. Plunkert) After you were released,

we discussed you had the visits to the hospital in St. Charles. Do you recall that?

A. Yes. Q. Did you ever tell any of the staff there that

you were kicked in the head by the police? A. I don't remember. Q. Did you ever tell the staff that you didn't

get stitches in place on the night of the incident? A. Yes. Q. Okay. Did you ever tell them you don't know

why you didn't get stitches?

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Page 101 Page 103

A. No. 1 A. Well, yeah. Q. Okay. What did you respond? 2 Q. Okay. So that answer you gave on No. 9 is A. They never -- they never asked me. 3 incorrect, correct -- is incorrect and it was under Q. Okay. You just said you didn't get stitches? 4 oath, right? A. No, I told them I was locked up. And they 5 A. Yes.

said, well, it started healing from the inside, and they 6 Q. On No. 14, on Page 9? wanted to cut me back open. 7 A. Okay.

Q. They wanted to cut you open? 8 MR. PLUNKERT: Well, you know what, you A. Cut it, yeah, because I was locked up for 9 supplemented that, right, Jim?

three days, three or four days, and the wound had 10 MR. SCHOTTEL: Yes. already started to heal. 11 MR. PLUNKERT: Let me, if you will, I'll just

Q. You still have Exhibit A in front of you, 12 mark this as Exhibit B. The first mention that I made right? 13 on the record, I withdrew it. So this is the real

A. Yeah. 14 Exhibit B, maybe. Q. Let me tum your attention to 15 Do you have another sticker? That sticker

Interrogatory 3. It's on Page 3 too-- I'm sorry, it's 16 has had it. on Page 3. 17 (Exhibit B, Supplemental Answers, was marked

A. Okay. 18 for identification.) Q. And you can take your time to read this. 19 Q. (By Mr. Plunkert) Okay. We now have an

It's asking about statements of Officer Michael White. 20 appropriate sticker. This is marked Exhibit B. This is Have you ever seen this interrogatory? 21 my only copy here today, so we're going to have to

A. I'm not sure. 22 share. If you would, please, sir, take a look at Q. You answered no, correct? 23 Exhibit B --A. What-- oh, for the video? 24 A. Which? Q. For any statements. 25 Q. -- and just let me know-- my question at the

Page 102 Page 104

A. Yes. 1 end will be have you seen that before? Q. Then you swore to that answer under oath, 2 A. Yes.

correct? 3 Q. You have seen that before? A. Yeah. 4 A. Yes. Q. If you tum to Page 6, you see the question 5 Q. In fact, that's your signature on the

with respect to alcohol? 6 verification page on the last page, right? A. Okay. 7 A. Yes. Q. You see where you stated no? And you swore 8 Q. And do you note that there are two separate

to that under oath, correct? 9 hospital visits in response to Interrogatory 14? A. Yeah. 10 A. Yes. Q. But today under oath, you're stating that you 11 Q. Okay. One of those two visits was on the

did drink alcohol, correct? 12 night in question, right? A. Yes, I said -- 13 A. I don't know.

MR. SCHOTTEL: Objection, misstates the 14 Q. I think the answer is on the second page. interrogatory. The interrogatory states within an 15 You see where it references September 20th? eight-hour period. 16 A. I don't see that.

Subject to that, you can answer the question. 17 Q. Not in the question, it's in the answer. Q. (By Mr. Plunkert) Well, sir, you had alcohol 18 A. I don't see nothing with no date on there on

within an eight-hour period of the incident; you 19 the second page. testified to that, right? 20 Q. Okay. Yeah. I'll share this with you. Let

A. I said my last beer was about 9:00. 21 me take a look here. You see the date in response to B Q. Well, you told me your last beer was at 22 on the second page?

10:00. 23 A. Okay. A. Well, 9:00 or 10:00, okay. That's where-- 24 Q. You see how it says September 20th? Q. That was within eight hours, wasn't it? 25 A. Says September 22nd.

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Q. There are two different dates on that whole answer for B.

A. Okay. I see September 20, yeah. Q. So you see two separate dates, though? A. Yeah. Q. One of them is the night in question, right? A. Yeah. Q. And the other one is one visit after, right? A. Yeah. Q. But now, you've testified under oath that you

went multiple times after your release from jail; is that correct?

A. That is correct. Q. What dates are those, or why didn't you

reference those in that answer? A. I don't remember the dates. The day I got

out, I went -- as soon as I got out, I went to the emergency. The same day I got out of jail, I went straight to the emergency.

Q. Okay. A. And then, from there the next day, I went to

my doctor. I had to go to the doctor. I went to the doctor. Then from there, that doctor sent me to the other, back to the hospital to get a CAT scan.

Q. Okay. Same day?

Page 106

A. No. Q. Let me get these dates correct. You went

right after you were released to the emergency room, correct?

A. Excuse me? Q. You went --right after you were released,

you went to the emergency room, correct? A. Correct. Q. And then you said the following day you went

back to the hospital. A. I went to my dock, went to -- yes. Q. And if you were released on September 22nd,

that means you went to the hospital on September 23rd as well, correct?

A. Okay. Q. And you went and got a CAT scan also on the

23rd? A. No, different day. Q. A different day. How long after the-A. I don't remember. Q. Okay. How many visits after the 23rd do you

recall going to the hospital? A. I don't remember; maybe two or three times.

I'm not sure. Q. Okay.

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MR. SCHOTTEL: We'll obviously have to supplement it, because it's --obviously it's not correct on there. I'm going to have to find that out myself.

MR. PLUNKERT: Okay. We'll keep the exhibits kind of out so I don't --

MR. SCHOTTEL: You want to go ahead and ask him where he did the CAT scan?

Q. (By Mr. Plunkert) Yeah, do you know where you did the CAT scan?

A. Actually, I think it was at the emergency hospital I went to. I think I went right back there. My doctor sent me back.

Q. Still in St. Charles, right? A. Yeah, still in St. Charles. Q. Okay. Any other hospitals aside from the

St. Charles hospital that you recall visiting? A. No. Q. Okay. Obviously, after you're released.

That's what I was asking. I know the night of is a different hospital.

A. Yeah. Q. If you look at Exhibit A, in Interrogatory

15, which is on Page 10, do you see in your answer on PartD?

A. D? Q. Yes, D as in dog. A. Okay.

Page 108

Q. You see that you reference three dates -A. Okay. Q. --right; September 21st, 22nd and 23rd,

correct? A. Right. Q. You're alleging those are dates that you are

entitled to lost wages, correct? A. Okay. Q. Why didn't you work on September 23rd? A. I don't know what date that is but--Q. Okay. A. -- probably because I had a headache. Q. Okay. A. I don't--Q. I mean, let me start it this way: Do you

know if--A. I don't know ifl was either locked up still

or the day I got out. I don't remember. I know it all have something contained (sic) to this.

Q. When-- and we'll just put it with respect to the date that you remember getting out. It doesn't have to be a specific date.

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Page 109

A. I don't remember what date it was. Q. Right. We won't use a specific date for this

question. My question to you is, how long after you were released from the jail did you first begin working again?

A. Like I tried to go to work the day after, but they sent me-- supervisor sent me home, because I wasn't-- seeing I couldn't focus on-- so he told me go ahead and go home. And then it was the weekend. So it really was like that whole week, because I was missing three days. Then I went the day after, and then I went to work and he told me just to go back -- go back home.

Q. So that was a Friday when he said go back home?

A. Yeah. Q. And did you log any hours in on that Friday? A. Yeah. I went in for like two hours. Q. Okay. A. And, you know, he seen that I couldn't focus. Q. And you got paid for a couple hours, right? A. Yeah. Q. Okay. Did you ever-- strike that.

Have you had any prior contact or dealings with the City of Ferguson before this subject incident?

A. No.

Page 110

Q. You weren't pulled over for traffic or have any dealings with the officers, right?

A. No. Q. Have you had any dealings with them since? A. No. Q. Are you alleging that Michael White-- I'm

sorry, are you alleging that all defendants violated your constitutional rights?

A. Yeah. Q. And does that arise from-- tell me in your

words what you believe your rights were violated. MR. SCHOTTEL: pbjection, calls for legal

conclusion. Subject to that, you can answer the question.

A. I feel my rights was violated, because they beat me after I was already handcuffed and wasn't resisting.

Q. (By Mr. Plunkert) Is there anything else? A. No. Q. Do you know-- do you have any belief as to

whether John Beaird filed a false affidavit against you? A. I don't know. Q. At the time that you stopped and pulled to

the side of the subject-- on the highway, I think I said it was 270, and it was raining hard, right?

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Page 111

A. Yes. Q. Which direction were you driving? Was it

north, south, east or west? A. As I recall, I was coming north. Q. You were going north? A. Yeah. Q. Okay. You were headed toward your house

though, correct? A. Right. Then I pulled off, like I said.

Couldn't see the names. It was raining real hard, so I just pulled off and stopped right there.

Q. Have you ever read the police report in this incident?

A. I read the report. Q. Okay. What are your thoughts on the report?

MR. SCHOTTEL: Objection, irrelevant, vague. Subject to that, you can answer the question.

Q. (By Mr. Plunkert) Do you take any issues with the report as to the accuracy of the facts?

A. It's not accurate. Q. It's not accurate? I'm not sure ifl made

several copies but -- you don't take issue that the time that you were pulled over was approximately 3:07, do you, in the morning?

A. What about it?

Page 112

Q. Do you take any issue, or do you dispute the fact that it was about 3:07 when you were pulled over?

A. No. Q. In the police report, it refers to a vehicle

that was traveling in excess of 100 miles per hour. Do you recall seeing that when you read through the police report?

MR. SCHOTTEL: I'm going to object to any questions regarding the police. He did not prepare it. And whether or not he agrees with it is totally irrelevant. Subject to that, I'll have a running objection.

You can answer the questions. Q. (By Mr. Plunkert) Do you know who Corporal

Bell is? A. Who? Q. Corporal Bell? A. No. Q. Do you recall leaving the roadway and

entering onto the grass median --MR. SCHOTTEL: Objection, assumes facts not

in evidence. MR. PLUNKERT: I'm not done with the

question. MR. SCHOTTEL: Okay.

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Q. (By Mr. Plunkert) My question to you, sir, is when it was raining and you were on the highway, do you recall entering the grass median before returning to the left shoulder of the exit ramp and stopping your vehicle?

MR. SCHOTTEL: Objection, assumes facts not in evidence. You're asserting what is in the police report as a fact, if he recalls it.

MR. PLUNKERT: My question does not refer to the police report. I'm just asking if he recalls doing that.

MR. SCHOTTEL: Well, that assumes that he did it. If you want to ask him if he did or didn't do it, I think that's a legitimate question, but when you say do you recall --

MR. PLUNKERT: Okay. I'll rephrase. Q. (By Mr. Plunkert) Sir, did you enter the

grass median before you came to a stop? A. Yeah. Q. Why? A. Because I couldn't see. It was raining. It

was pouring down raining. Q. Okay. You never stated to an officer that

you believed you were at the Highway 70 and Cave Springs exit; is that correct?

Page 114

A. No. I never stated that. Q. Do you recall an officer attempting to get

your attention while you were -- okay. Did you ever ignore an officer's request while you were on the cell phone?

A. No. Q. No officer informed you that you were being

arrested on suspicion of driving while intoxicated; is that correct?

A. That's correct. Q. Do you recall ever arguing with the booking

officer? MR. SCHOTTEL: Objection, assumes facts not

in evidence that he argued with the booking officer. Q. (By Mr. Plunkert) Did you argue with the

booking officer? A. I wouldn't call it an argument. Q. What would you call it? A. I had a conversation with him. Q. Okay. A. And I told him that that wasn't me. I don't

have warrants. That's the only thing I said. Q. Have you ever read the use of force report

made in this? A. No.

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Q. Okay. Have you ever seen your first amended complaint?

A. No. Q. Do you know who Sergeant Ballard is? A. No. Q. We've discussed that you've been to jails and

prisons before. You've been booked before, correct? A. Correct. Q. And you're familiar that when you're booked

you have to give your pedigree information, correct? A. Correct. Q. Have you had a mat provided to you-- strike

that. Have you ever been put into jail with another

occupant of a cell, or have you ever had a cell mate? A. Yeah. Q. Okay. Were there two beds? A. Yeah. Q. Have you ever been in a situation where there

was a cell mate and only one bed? A. Yeah. Q. Whathappened? A. They provide a mat. Q. And where was that? A. You put a mat -- it would be on the floor.

Page 116

Q. No, I mean where --no, what jail or what prison provided the mat?

A. I don't remember. Q. Do you believe that you had a right to a

floor mat at the time you were arrested? A. Yes.

MR. SCHOTTEL: Objection, irrelevant. Subject to that, you can answer the question.

A. Yes, I did. Q. (By Mr. Plunkert) And why is that? A. Because it's 3:00 in the morning. Who going

to sleep on a cement floor? Q. Did you see mats provided to any other

inmates? A. Yeah. Q. And let me be more specific. Obviously, as

you had said, there are mats on the beds in the cells, correct?

A. Correct. Q. Were there mats other than those that were on

the beds that you had seen when you were in the cell -the jail?

A. Yes. Q. Howmany? A. I don't know how many .

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Page 117

Q. Okay. Were there any other cells that had more than one occupant?

A. Yes. Q. Howmany? A. I don't know. Q. Are you aware that in your first amended

complaint you alleged that John Beaird struck you with his hand in your body multiple times?

MR. SCHOTTEL: Objection, foundation. Subject to that, you can answer the question.

A. Yes. Q. (By Mr. Plunkert) You don't know what John

Beaird looks like, right? A. Well, I haven't seen him in a while, but I

remember who was there at that point in time. Q. Okay. Yeah, can you describe what he looked

like at that point in time? A. Not now. I mean, I haven't seen him. He

could have changed, could have changed his looks. Q. Sure. Could you describe how he looked at

that time, not how he looks now? A. Well, all I remember he had-- kind of

stockish, about my height, maybe a little taller, but around the same height as me, heavier than me.

Q. How much pain --how much pain did you have

Page 118

on the top of your head in the following days? Can you describe the pain?

A. Very painful. Q. And the bruises on your body, were you sore,

or was it very painful? A. Both. Q. Was it just as painful as your head? A. No, the head was worse. Q. Are you alleging that charges were filed

against you in retaliation for anything? A. What charges? Q. Any of the charges that were raised against

you at the criminal level. MR. SCHOTTEL: Objection, calls for legal

conclusion. Subject to that, you can answer the question.

A. Yes. Q. (By Mr. Plunkert) Okay. Which charges were

raised in a retaliatory manner? A. Assault on an officer. Q. Any others? A. No. Q. And why do you believe that that was raised

in retaliatory measure? MR. SCHOTTEL: Objection, irrelevant.

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Page 119

Subject to that, you can answer the question. A. Well, because when they released me, they

only charged me and gave me traffic tickets. And if I assaulted an officer, they thought that-- they would have filed those charges right then and there, because that's a major felony.

Q. (By Mr. Plunkert) So are you saying that they raised that assault on an officer after you were released?

A. Yes. Q. And was it because of the scuffle, is what

you're saying, or the fight or the incident-- let me -strike that.

Are you saying that the assault on an officer charge was raised because ofthe subject incident?

A. What incident are you referring to? Q. Where you were in jail at the City of

Ferguson? A. The incident after they kicked me in the

head? Q. Whatever transpired in that cell. A. Yeah. Q. Have you ever discussed other arrests in the

City of Ferguson with anyone aside from your counsel? A. No.

Q. Do you know-A. Excuse me.

Page 120

Q. Do you know if something, if any of the allegations that you're making, if something similar has happened to anyone else?

A. No. Q. You don't have any belief or reason to

believe that there's been a pattern of this behavior by the city, do you?

MR. SCHOTTEL: Objection, calls for legal conclusion.

Q. (By Mr. Plunkert) You understand what I mean by pattern? I mean, do you have any reason-

A. I know what that means. Q. Okay. Then you can answer. A. How would I-- no, I don't know nothing about

them. Q. Okay. Your incident is the only one you know

about with respect to any allegations --A. Yes. Q. --of mistreatment from the City of Ferguson,

right? A. Yeah. Q. Do you have a specific figure, a number,

monetary amount that you're asking for compensation as a

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result of your alleged-- the alleged violation of rights?

MR. SCHOITEL: Objection, invades the province of the jury.

Subject to that, you can answer the question. A. Whatever the jury awards me.

(Exhibit C, Second Supplemental Answers, was marked for identification.)

Q. (By Mr. Plunkert) You've represented --let me hand you what's marked as Exhibit C. I don't -- this might be the only copy, so we can share it. If you turn to the second page -- well, first of all, take a look and see if you recognize that document.

A. Yeah. Q. That's your signature on the back page,

right? A. Yes. Q. And on Exhibit C, the second page, you

reference parts of your body that were injured. A. Okay. Q. Do you recall when I asked you about all the

parts that were injured? A. Yeah. Q. You never stated anything about your legs,

did you?

Page 122

A. No. Q. Okay. Your legs weren't injured, were they? A. Well, they were sore. She was kneeling down

on them, but that's not when they was beating me. Q. Did you sustain any injury to your legs? A. They were sore. Q. Okay. Did you have any bruising? A. No, not bruises. Q. Okay. Are you aware that you're seeking

compensation with respect to malicious prosecution regarding the destruction of property of the City of Ferguson?

MR. SCHOTTEL: Objection, calls for legal conclusion.


A. Yes. Q. (By Mr. Plunkert) But you pleaded guilty to

two of those counts, right? A. No-- what counts are you referring to? Q. Destruction of city property. A. I don't know how to answer that. Q. Did you plead guilty to two counts of

destruction of city property? A. Yeah. That's part of the deal.

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Page 123

Q. Is it-- I just want to make sure I understand. Is it possible any of the four officers had blood on their uniforms?

MR. SCHOITEL: Objection. It calls for speculation.

Q. (By Mr. Plunkert) Let me strike that. You didn't see any, correct?

A. No, I didn't see any. Q. Did you have a chance to look carefully over

the uniforms to see if there was blood? A. No. Q. Okay. So there's a possibility there could

have been blood on those uniforms, correct? MR. SCHOITEL: Objection, calls for

speculation. A. Yeah, blood could have splattered. There was

a lot of it on the ground. Q. (By Mr. Plunkert) But you're stating you

didn't spit blood, correct? A. That's correct. Q. Did you ever wipe blood on anyone? A. No. Q. You don't have any in~rmation independent

from your attorney with respect to whether the self-insured pool of the City of Ferguson waives

Page 124

sovereign immunity, do you? MR. SCHOTTEL: Objection, irrelevant, calls

for legal conclusion. Subject to the objection, you can answer the

question. A. I don't even understand the question. Q. (By Mr. Plunkert) You've never read any

self-insured policies? A. No. Q. Have you been involved in any civil lawsuits?

And just for your information, obviously, criminal is where they're seeking to put someone in jail or other fines or criminal punishment. By civil, it's regarding money. Now, with that, have you been involved in any civil actions aside from the one we're here for today?

A. No. Q. Do you have any friends or anyone that you

know that still hangs out with James or knows James? A. No. Q. When is the last time you talked to James? A. January of2010. After I got laid off, he

was still working there is the last time I seen him. Q. And he's a welder too, right? A. No. Q. What did he do?

31 (Pages 121 to 124)


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Page 125 Page 127

A. He's a part washer. Q. Okay. So that was the last time, January of

2010, that you were in touch with him? A. Yeah. Q. Did you have proof of insurance at the time

you were pulled over? A. Yes, I did. Q. Was it in your wallet? A. It was in my truck. Q. Did you present it to any of the officers or

officer? A. No. Q. They didn't ask you for it? A. They just snatched me out the truck. Q. When you said they snatched you, did they

mistreat you, or did they pull you or bruise you in any way?

A. They pulled me out the truck. Q. Okay. By your hand? A. By my arm, yes. Q. Was it your left arm? A. Yeah. Q. Do you recall ever being offered the chance

to take a field sobriety test? :MR. SCHOTTEL: Objection, assumes facts not

Page 126

in evidence that he was offered. Subject to that, you can answer the question.

Q. (By Mr. Plunkert) Okay. I'll rephrase. Did you refuse to take a field sobriety test with any officer on the night in question?

A. No. Q. That was not offered to you, was it? A. No. Q. That's your testimony, right? A. Yes, it is. Q. Has your life been affected at all because of

this incident? A. Yeah. Q. How so? A. After the incident, I wasn't able to get a

steady job till over-- after a year, in my field for what I do.

Q. So after the incident, you couldn't get a steady job; is that what you just said?

A. Yeah. Q. And why? A. Because I couldn't stay focused trying to put

a welding hood on my head. Q. So you're stating there's some sort of

medical condition that affected your ability to stay

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focused?

A. That's right. Q. And was it-- on whose diagnosis do you rely

upon to come to that conclusion? A. My doctors. Q. And which doctors? A. The doctor where I was -- in St. Charles. Q. You're not a doctor, right? A. No, I'm not. Q. So you're relying upon other health care

professionals or doctors to diagnose you with that, right?

A. That's right. Q. Anything else that affected your life other

than your ability -- inability to focus? :MR. SCHOTTEL: Objection, vague. And subject to that, you can answer the

question. Q. (By Mr. Plunkert) Go ahead. You can answer. A. Yeah. Ifl couldn't focus, it's affecting my

life. I couldn't work. I'm staying with my mom, and I'm 51 years old.

Q. Are you currently--A. I lost my house behind this. Q. So you're stating you lost your house because

Page 128

of this? A. Yeah, I couldn't work. Q. Okay. So the loss of the house stems fi·om

your inability to stay focused, right? A. That's right, stay focused on my job, on the

type of work that I do. MR. PLUNKERT: Could you read the last answer

back for me please. (Transcript read by the reporter as

requested.) Q. (By Mr. Plunkert) Sir, do you have cmTent

employment right now? A. No, I don't. Q. Have you sought employment in Alabama? A. Yes, I have. Q. With whom? A. Contractors. Q. How many? A. Several different ones. Q. Have you filled out applications? A. Yes. I even took tests. Q. Okay. Do you have those tests or

applications? A. What do you mean, do I have those tests or

applications-- no, I don't have them.

32 (Pages 125 to 128)


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Page 129

1 Q. Do you have the results? 2 A. I didn't pass. 3 Q. So you have documentation of the results of 4 your tests? 5 A. No. I don't have no documentations of the 6 tests. 7 Q. Do you have any documentation of your 8 applications? 9 A. Yeah, they have them. I don't-- you don't

10 take the application home with you. 11 Q. Do they send any response letters 12 acknowledging that you have applied to their employment 13 for a position? 14 A. No, I don't. 15 Q. You have Exhibit A, right? 16 A. Yeah. 17 MR. PLUNK.ERT: Okay, A, B and C. Thank you. 18 Those are all the questions I have for right now. 19 MR. SCHOTTEL: All right. No questions. 20 We'll read. 21 VIDEOGRAPHER: We're offthe record at 22 1:59 p.m. 23 (Whereupon, signature was not waived, and the 24 witness was excused at 1:59 p.m.) 25

1 CERTIFICATE 2 3 I, SHERRIE L. MERZ, Registered Diplomate

Reporter, Certified Shorthand Reporter and Certified 4 Court Reporter, do hereby certi:!'y that there appeared

before me at the law offices of Schottel & Associates, 5 PC, 906 Olive Street, Penthouse, St. Louis, Missouri, 6 HENRY M. DAVIS, 7 who was by me first duly sworn to testi:!'y to the truth

and nothing but the truth of all knowledge touching and 8 concerning the matters in controversy in this cause;

that the witness was thereupon carefully examined under 9 oath and said examination was reduced to writing by me;

and that this deposition is a true and correct record of 1 0 the testimony given by the witness. 11

I further certi:!'y that I am neither attorney 12 nor counsel for nor related nor employed by any of the

parties to the action in which this deposition is taken; 13 further, that I am not a relative or employee of any

attorney or counsel employed by the parties hereto or 14 financially interested in this action. 15

IN WITNESS WHEREOF, I have hereunto 16 subscribed my name this 7th day of August, 20 I 3. 17 18

19 SHERRIE L. MERZ, RDR, CSR, CCR 20 21 22 23 24

Page 130

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STATE OF __ ~~----) ss.

COUNTY OF ________ __

Page 131

COMES NOW THE WITNESS, HENRY M. DAVIS, and having read the foregoing transcript of the deposition taken on July 31, 2013, acknowledges by signature hereto that it is a true and accurate transcript of the testimony given on the date hereinabove mentioned.

HENRY M. DAVIS

Subscribed to before me this------::- day of

----------------------' 2013.

Notary Public

My commission expires:

VIDEOTAPED DEPOSITION OF HENRY M. DAVIS HENRY M. DAVIS v. MICHAEL WHITE, Individually, and THE CITY OF FERGUSON, MISSOURI Reporter: Sherrie L. Merz, RDR/CSR/CCR Date Taken: July 31, 2013

_/5 33 (Pages 129 to 131)


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