EXHIBIT E

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 1 of 30 PageID #:152
McDowell vs. Lansing

12 CV 5025

Deposition of: Michael Erasmo Rodriguez

Taken on: March 04, 2013

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Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 2 of 30 PageID #:153
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Page 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

MARLO McDOWELL,

Plaintiff,

vs .

VILLAGE OF LANSING and OFFICER

MICHAEL RODRIGUEZ,

Defendants.

)

)

)

)

) No. 12 CV 05025

)

)

)

)

)

10 The deposition of MICHAEL ERASMO RODRIGUEZ,

ll called by the Plaintiff for examination, taken pursuant

12 to notice and pursuant to the Federal Rules of Civil

13 Procedure for the United States District Courts

14 pertaining to the taking of depositions, taken before

15 Kathy J. Szotek, Certified Shorthand Reporter and Notary

16 Public, at 53 West Jackson Boulevard, Suite 252,

17 Chicago, Illinois, commencing at 1:19 p.m. on

18 March 4, 2013.

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INDEX

NITNESS

MICHAEL ERASMO RODRIGUEZ

Direct Examination by Mr. Foutris ...

EXHIBITS

RODRIGUEZ DEPOSITION EXHIBIT

No. 1.

No. 2

No. 3

No. 4

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(Witness sworn.)

l?HEREUPON:

Pages 2L5

Page 4

JEN'SEN

Ld)gol)on solu))on

NICHAEL ERAEMO RODRIGUEZ,

called as a witness herein, having been first duly

sworn, was examined and testified as follows:

DIRECT EXAMINATION

BY MR. FOUTRIS:

Q, Cauld you please state your full name for the

record, please.

A. Nichael Erasmo Rodriguez.

Q. Could you spell that for the court reporter,

please.

A. M I C H A E L, E R A S M 0, RODRIGUEZ.

Q. You'e currently employed as a Lansing police

officer?

A. Yes.

Q. Let me give yau some quick ground rules for a

depasition. First, you need to give me all verbal

answers. Do yau understand that?

A. Yes.

Q. You need to wait until a question is fully

asked before yau respond. Do you understand thatO

A. Yes.

Q. And ii there's a question that's asked that

Page 6

yau do not understand, you need to tell me, Okay?

A. Okay.

Q. Nhen did you start working for Lansing'

A. July oi 2007.

And I see that you graduated from Illinois

State University in 2006; is that correct?

A. Yes.

Q. And what aid you do work wise fram 2006

until —graduating college in 2006 until you started

working with Lansing?

A, I worked briefly at Apple.

Q. Doing what?

I was like a tech support for the iPhone.

was only in training there for about a week before I

left, is when I got the call to be a police ofiicer.

Q. Did you ever wark for any other law

enforcement agencies?

A. No.

Q. And do you have any relatives who work for law

eniorcement?

A. None that I can think of. I think there might

be a cousin or something or an uncle, but I'm not sure.

Q. Okay. And have you ever been in the military?

A. Na,

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Q. You'e been sued at least once before in

connection with your duties as a Lansing police officer;

is that correct'?

A. Yes.

Q. And that was the case of Epting versus

Lansing, et al., E P T I N G; is that right?

A. Yes.

Q. And you stated here that you were an ancillary

defendant in that case; is that right?

A. I believe so, yes.

Q. What did you mean by that exactly; what were

the allegations in the case'?

A. The subject was arxested, he was refusing to

be placed in the squad car, and one of my coworkers

tased him to get him -- to gain compliance and he was

suing for that.

Q. And you were present at the time that he was

tased?

A. I was present.

Q. Have you had any other lawsuits since you'e

answered your interrogatories?

A. No.

MR. FOUTRIS: Let me just mark this as an exhibit

real quick.

Page 7

(Rodriguez Deposition Igrhibit No. 1

marked as requested.)

BY MR. FOUTRIS:

Q. You'e been handed Exhibit No. 1, which is a

10-page document. IC's the answer -- defendant's

answers Co interrogatories. Do you recognize what's in

front of you, sir'?

A. Yes.

Q. And dace your signature appear on the

second-to-last page?

A. Yes.

Q. Okay, Aud Chen I'l just—

MR. MATHBWS: Just so you know, I have E-mailed

that to you.

MR. FOOTSIE: Okay.

BY MR. FOUZRIS:

Q. All right. So just before the deposition

began, Officer, I was infonged that there may be an

mgended answer which actually has a change to one answer

to this set of interrogatories; is that right?

A. Yes.

Q. That would be the answer to Question No. 11

regarding complaints of alleged police misconduct; is

ChaC correct'

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Pages 6.9

Page 8

A. Yes.

Q. Okay. Aside from that question which was

unanswered, this document before you, these answers to

interrogatories, are the rest of these true and accurate

to the best of your knowledge? And you can take the

time to look at them.

A. Yeah. I know there was —This says 2002 to

the present, and I worked for a clothing store as a

part-time employee.

Q. WhatA. For No. 2.

Q. Oh, answer Co No. 2'?

A. Yeah. And for No. 6, I'm naw a detective to

be added to that.

Q. Okay. Anything else?

I don't believe so.

Q. All right. So in answer to No. 11, have you

had any complaints alleging police misconduct filed

against you'?

A, Yes.

Q. Haw many?

A. One that I can think of specifically.

Q. When was that and what was the nature of the

allegations?

Page g

A. I believe it was in 2lill, and a subject was

unhappy with her arrest and she made cagiplaints and went

to the police department.

Q. You specifically7

A, I was named on there, yeah. r was the

arresting officer.

Q. Was she claiming that it was a false arrest or

that Chere was something else ii nvolved?

Yeah, it was something like that. I'm trying

to Chink of exactly haw she had it.

Q. But what happened; was the complaint

sustained, not sustained?

A. It was unfounded.

Q. Unfounded'

A. Yes, I Chink that's Che word.

Q. Okay. And any other complaints of misconduct

that you can think of?

A, No.

Q. Have you been disciplined at all in connection

with your duties as a Lansing police officer?

A. I received a written reprimand once.

Q What was that fore

A. I allowed a subject to be placed into a cell

with their belt on.

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Page 10

0, Okay. Adlything else'

A. No other reprimands.

Q. Okay. And so your assignments in the police

department have been patrol officer and detective and

FIO; is that right?

A. Yes, I am an FIO, although I have never -- I

did like one partial training one time, buC I was never

officially training a new employee; but I am an FBI.

Q. All right. And when you became a detective,

did you go through additional training?

A. Yes.

Q. And was that through Reid or something

different?

A. I did a Raid class.

Q. Okay. Adld are you a part of any NEG units?

A. NEG?

Q. NEG, N E G, metropolitan enforcement groups.

A. No.

Q. Have you ever been loaned out to any agencies,

like the DEA or the ATF?

A. No.

Q. Prior to June 25th, 2011, to your knowledge

had you ever interacted with Narlo NcDowell'?

A. No.

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Pages 10..13

Page 12

A. 7 think I reviewed a little bit of the Cook

County case report.

NR. FOOT)L78: Let me just mark three sets of

extubits.

(Rodriguez Deposition Exhibit

Nos. 2-4 marked as requested.)

BY NR. FODTRIS:

Q. Officer, you'e been handed three sets of

exhibits. Let me identify them for the record. Exhibit

No. 1 is an incident report. from rhe Cook County

Sheriff's Department. It's Bates-stamped Dl and 2. Do

you have that in front of you?

NR. HAT)K'1S: You mean Exhibit 2?

NR. FOUIRIS: That's what I meant. Thank you.

BY THE WITNESS:

A. Yes.

Q. Ex)obit No. 3 is another offense, slash,

incident report from Che Cook County Sheriff's

Department. This is Bates-stamped D3 and 4. Do you

have Chat in front of you as well?

A. Exhibit 3, yes.

Q. Okay. Adld then Exhibit No. 4 is an incident

report from Lansing. This is Bates-stamped D5 and 6.

Do you have that in front of you, sir?

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Page 11

Q. How about Noelle Folden, Richard Birkenfeld,

Donald Birkenfeld, lUcky Ramirez, or Stephen Norandi'?

A. No.

Q. After June 25, 2011, did you interacC with any

of those people outside of any court proceedings that

you know of?

A. No.

Q. And what do you know about the plaintiff's

claims of injuries in this case'?

A. I think I heard he sustained an injury to his

jaw.

Q. Okay. Do you have any other specific

information about that or just generally that he

sustained an injury to his 3aw?

A. I believe I heard it was a broken jaw, but

officially I haven't heard or I haven't seen any

documents or anything like that. I Chiik somebody told

me that.

Q. What did you do to prepare for today'

deposition?

A. Spoke to my attorney.

Q. Did you review any documents'?

A. These (indicating).

Q. Just the answers to interrogatories?

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A. Yes.

Q. Okay. All right. Now, which, if any, of

these sets of documents in front of you did you review?

I mean, they'e so voluminous I'm sure you can'

remember which ones.

It was either one or both of these.

Q. Okay. So you'e talking about the Cook County

Sheriff's Department?

A. Yes.

Q. How about the Lansing mcident report?

A. I think I'e seen this too before.

Q. Did you author any reports in connecCion with

this incident?

A. No.

Q. And just to be clear for the record,

Exhibits 3 and 6 —or 2 and 3 I should say -- let me

withdraw Chat.

To be clear for the record, Exhibits 2 and 3,

the Sheriff's Police Department incident reports, did

you have anything to do with creating these documents?

A. No.

Q. And why is it that you did not prepare any

kind of report with respect to Chis incident?

A. The incident occurred outside of Lansing

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Page 14

jurisdiction. It was turned over to Cask County. It

was their jurisdiction. I was responding as an

assisting officer to them.

Q. Do yau know who Cook County Sheriff's police

deputy Sheriff Morgan is?

A. You said Norgan?

Q. Yeah, Morgan.

A. No.

Q. He's the one who authored these incident

reports that you have in front of you.

A. Wo.

Q. It doesn't ring a bell?

A. No.

Q. Did you know by name any of the Sheriff'5

deputies that responded Co the Bottoms Up?

A. No.

Q. Have you seen any of those deputy sheriffs

smce that date?

A. I don't recall.

Q. Okay. There were two prosecutions that

stemmed from this incident. There was one of Stephen

Morandi and there was one of Richard Birkenfeld. Were

yau aware of that?

A. I testified, I believe, on Morandi's.

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Pages 14..17

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Q. Do you remember anything else about his

appearance?

A. I don't know for a fact. I tldnk he has short

hair.

Q, On the daCe Chat you CesCified in the criminal

case against Mr. Norandi, did you interact at all with

Narlo NcDowell'?

I don't believe so, no.

Q. Did you see him?

A. I believe I saw him at the trial.

Q. Where did you see him7

A. In the courCroom.

Q. Was this while you were testifying?

A. I believe so. I believe I remember seeing him

there while I was testifying.

Q. Listening to what you were saying?

A. Yes.

Q. Were you able to listen to what ether people

were saying or were you excluded?

A. I was excluded. I was brought in to testify.

Q. Are you guessing that Mr. McDowell was there

at the time that you were testifying?

A. I thought I remember seeing him there, but I

guess I dan'C know for a fact he was or not.

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Page 15

Q. Da you know what happened as a result of that

case?

A. No, I don'C know for a facC. I was just

discussing that today. He might have been convicted,

but I dan't know for a fact.

Q. All right. How about Richard Birkenfeld's

case, do you know what happened with that case'?

A. Wo, I do not.

Q. Were you ever contacted by the State'

attorneys office in connection with that case?

A. NoC that I recall.

Q. Okay. Do you recall what the plaintiff looked

like on that daCe, race, heighC, weight, withouC looking

at the reports in front of yau'?

A. Who do you -- Who's the plaintiff?

Q. Maria McDawell.

A. Nr. NcDowell?

Q. Yes.

A. I recall that he's a male black subject.

Q. Do you recall anything—

Probably in his 20s.

Q. I'm sorry. I didn't mean to interrupt. Could

you please continue.

A. I believe he's in his 20s.

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Q. Okay. Amide from maybe seeing him in the

courtroom while you were testifying, did you see

Mr. McDawell at any other poinC in time during the

criminal case against Nr. Moiundi?

A. No, not that I recall.

Q, Did you ever have any kind of conversation at

all with Mr, McDowell?

A. Outside of the incident?

Q. Right.

A. No, not that I recall.

Q. Did yau ever go to the hospiCal where

Mr. McDowell was located following the incident?

A. No.

Q. Did anybody from Lansing Co your knowledge go

to that hospital while—

A. Not to my knowledge.

Q. -- Mr. McDowell was there?

A. Not to my knowledge. I'm sorry.

Q. I know we'e talking over one another, we'e

going really quick, but I'l try to stop if you will

too. Okay?

A. Okay.

Q. All right. So let's talk about June 25th,

2011, You were on duty as a Lansing police officer that

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date; is that right?

A. Yes.

Q. And whaC was your assignment on that day?

A. PaCrol officer. Patrol.

Q. In uniform?

A. Yes.

Q. Could you describe your uniform, please.

A. It's a dark —dark blue, like a midnight

blue, silver badge.

Q. Dark blue pants and shirt?

A. Yes.

Q. And were you in a marked squad car?

A. Yes.

Q. Did your squad car have a squad car camera in

it?

A. Yes.

Q. And how did thaC squad car camera operate?

A. It becomes active when the lights ttngt on.

Q. You mean the Mars lights?

A. Pardon?

Q. The Mars lights?

A. The top lights on the squad, yes, the

emergency lights.

Q, That's automatic?

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Pages 18..21

Page 20

car on that date, did it also have a microphone that you

could place an your person?

A. Yes.

Q. And did you have that gdcrophone on you?

A. I don't recall activating it an, so I don'

believe iC was an.

Q. I'm not asking if it was turned on. I'm

asking if you actually had it on your person'?

A. Oh, had it on my person, more than likely,

Q. And where would you norgmlly clip it'?

A, My shoulder.

Q. And how does the squad car camera turn on

aside from the Mars lights —the emergency lights?

A. You can manually turn it on by hitting a

record button. You could also activate it with the

microphone.

Q. Could you—

A. By activating the microphone -- ttnvdng the

microphone on should automatically activate the camera.

Q. Okay. So for instance lust hypothetically, if

youtre outside of your squad car and you want to

activate the camera you don't have to go back in, you

can just turn on your micraphone?

A. You could either turn -- turning it on may

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A. Yes.

Q. Is this a digital squad car camera or is this

ane of those old fashioned ones where you'e still

putting a videotape in there?

A. We had upgraded and I don't know the exact

date of the upgrade, so I don'C know which version was

in at that time.

Q. Now, are you assigned a specific squad car

every shift ar do you have a difierent one per shift?

A, We are assigned squad cars, but it depends ii

it's not operatianal or for whatever reasan you may take

another squad car. So I don't know if that was my

assigned squad car that date or if it was maybe a paul

car.

Q. Okay. But your squad car on that date

definitely had a squad car camera?

A. To my knowledge, yes.

Q. And is there just one that points out in frant

of the squad car or is there also a camera that goes to

the cage?

A. We now have one in the cage. It wasn't always

like that. So I don't knew if there was one at thaC

time or not pointing at the cage.

Q. And the squad car camera that was in Che squad

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activate it or you may have to push a button on it, but

that usually works, either turning it on or pushing a

button if it's already on.

Q. Okay. And when Che camera goes on, does the

mike go on too?

A. If the microphone is tumed on, yes, it will

start recording audio.

Q. And the squad car camera, where was it

located; was it in the front window, was it -- just

without guessing, just tell us where it was mounted?

It's pointing out the iront windshield looking

forward.

Q. In the center of the windshield7

About the center.

Q. Okay. Is there also a screen ai some kind,

like a digital type screen that shows yau when you'e in

the squad car what is being recorded on the video

camera7

A. With the old camera there was a screen mounted

near it that you could turn on and o'. With the new

camera system we have now you can view the screen

through Che laptop.

Q. Yau're talking about the MDT, PDT system?

A. Yes.

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Q. Nhich one was in effect at that time?

A. I don't recall.

Q. BuC cerCainly there was—

A. One or the other.

Q, -- one or the other'?

And did you check to see if that squad car

camera was working at the beginning of your shift?

A. I don't recall.

Q, Do you know if it was working?

A. I don'C recall.

Q. Anything that might help you remember that?

A. Unless they have some records at the police

department, some footage of me, no.

Q. Do you have to -- As part of your protocol

when you get into the squad car, do you have to check to

see if it's worklrlg?

A. Yeah, you'e supposed to sync your microphone

and check.

Q. And how do you go about doing that?

A. You place your microphone into the microphone

dock inside the squad car and -- 3ust to sync it, which

is -- I'm in the practice of doing.

Q. Okay.

A. So ...

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Q. Okay. Aud the vehicle repair order would

specifically say that the squad car camera is not

working7

A. If I wrote one, yes.

Q. I'm sorry?

A. If I did write one, that's what I

-- I would

77rite sometlung similar to that.

Q. And you had a Taser on that date as well'

A. Yes.

Q. Nhat was the model?

A. X26.

Q. Did it have a Taser camera on it?

A. No.

Q. Did you check to see if that was functioning

by way of a field test?

A. I'm in the practice of Coming it on, but I

don't recall that day exactly turning it on prior to the

incident.

Q. Now, did that Taser have a functioning laser

pointer?

A. To my recollection, yes.

Q. And was the laser pointer turned on during

this incident?

A. I believe that it was.

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Q. And if you do that and you notice that Che

squad car camera or the microphone are not working, do

you have to fill out any kind of papeixdork indicating

that it's not working?

A, Yes, you should do that.

Q. And can you explain what kind of document

you'e supposed to documenC that in?

A. Similar —It's like a work order —a work

order type document lust specifically stating what'

wrong, you know, with the vehicle.

Q. And do you then turn that in at the end of

your shift or do you turn it in before you leave the

station?

A. It's no specific time. Probably before you

leave preferably.

Q. And where do you tlu33 that in?

A. To a sergeant.

Q. And what is the -- Is iC titled something or

is it just called work order?

A. It's like a vehicle repair order.

Q. Do you have any memory at all of preparing any

such repair order in connection with the squad car

camera?

A. No memory of that.

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Page 25

Q. And the prongs that were attached to the

Taser, were they 15-foot, 25-, or 35-foot prongs7

A. I believe, 25.

Q. That's Che ones with Che yellow, right7

Yes, yellow.

Q. And the way the Taser works, if memory serves,

is the laser pointer is supposed to point where Che Cop

prong would be deployed not where the bottom prong would

be deployed; is that right'?

NH. NATHEWS: I just objecC to the incomplete

hypothetical, but go ahead.

BY THE WITNESS:

A. There's a spread. So depending on the

distance, you know, it —there's no way —it's noC

going to hit exactly where -- more than likely exactly

where the dot is at because the greater the distance the

greater the spread of the two probes.

Q, Okay. Adld you had been Taser certified prior

to this date'?

A. Yes.

Q. And you had deployed your Taser prior to that

date at least in training exercises; is that right?

A. Yes.

Q. And had you been tased yourself during those

JEN'SEN

Ldrgolron solorron

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 9 of 30 PageID #:160
McDowell vs. Lansing

Michael Eresmo Rodriguez- 03/04/2073

Page 28

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training exercises?

A. Yes.

Q. And had you ever deployed your Taser in the

field prior to that date?

A. Yes.

Q. On how many times? Give us a ballpark,

A. Ballpark, three times.

Q. Okay. And when was the last time that yau had

been Taser certified prior to June 25th, 2011, if you

know?

A. I don't recall.

Q. Is it once a year, twice a year, once every

tiro years; what is lt ln Lansing?

A. I'd have to review my training documents. I

don't know,

Q. Nhen did you first became Taser certified; was

that in your initial probationary status'?

A. I took the Taser class at the police academy

for the first time.

Q. At PTI'?

A. Yes, PTI.

Q. So that would have been sometime in 2007'?

A. Yes.

Q. And yau had been Taser recertified since then?

Page 27

A. Yes.

Q. Through Lansing?

A. Yes,

Q. Okay. And you had taken people into custody

prior to June 25th, 2011; is that correct?

A. Yes.

Q. Yau deCained people prior to that date?

A. Yes.

Q. And as a police officer, when would you defme

somebody as being in your custody or being detained by

yoga

A. I would define that when their freedom of

movement is restricted as being them taken into custcdy

or detained.

Q. Okay. Was Marlo NcDawell m your custody

prior to him being kicked?

A. I would say he was heing detained.

Q. Okay. So his freedam of movement was being

restrained by you?

A. Yes.

Q. Okay. Again, June 25th, 2011 you were on

duty. What time did your shift start?

A. I believe 11:00 p.m. that night.

Q. So it would have begun at June 24th, 2011; is

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Pages 26. 29

Page 28

that right?

A. Yes, that sounds right.

Q. And when was yaur shift supposed to end'?

A. 7:00 a.m.

Q. And do you recall arrestmg—

A, Conection. I believe it was 7:30. It'

eight and a half hours.

Q. Thank you, Pdid do you recall having arrested

anybody else or taken any other police action during

this shift?

A. I don't recall.

Q. At some point you heard that there was

samettdng involving Bottoms Up; is that right?

A. Yes.

Q. Had you been to that location before'?

A. Yes.

Q. And were you familiar with the area?

A. Yes.

Q. And that was unincorporated Lansing; is that

correct?

A. Comect.

Q. So how did you first if —Aud if you need to

review those documents in front of you to help jog your

memory a little bit--

Page 29

A. Okay.

Q. —please do that. Pdl right7

A. Okay.

Q, Now, hour did you learn that there was

something involving Bottoms Up'?

A. I received a dispatch.

Q. And what is the dispatch service that Lansing

police used at the time; was that in-house or is that

some other organization?

A. In-house.

Q. What did you learn through the dispatch?

A. I believe it was a call for a fight in

progress at Bottoms Up.

Q. Was there anything else Chat yau knew at that

point or just thaC -- was that just it?

A. That's all I can recall.

Q. AnyChing that might help you remember anything

else?

A. Dispatch.

Q. Please look at it.

A. Thank you. It says a subjecC being jumped in

parking lot; reporCedly an off-duty officer and two

suspects; one male black, black shirt and khaki shorts;

two male white; no further description.

JENSEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 10 of 30 PageID #:161
McDowell vs. Lansing

Michael Erasmo Rodriguez- 03/04/2013

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Page 3O

Q. So what you'e doing is you'e actually

reading from a portion of the Lansing incident report

from speciiically page D6; is that right?

A. Correct.

Q. Okay. Does that actually help jog your memory

as to what you learned during this dispatch?

A. I don't remember thaC, From what I remember

it was a fight in progress, but I don't remember

descriptions or anything.

Q. Okay. And did you acknowledge the dispatch?

A. Yes.

Q. Were you specifically dispatched to this call'

A. I believe I was, yes.

Q. And did you work a specific beat at the time

or was it a whole citywide that you were working?

A. I don't remember my heat assignment that day.

Q. But you do have beats?

A. We do. There was also a float heat too.

Q. A flaat meaning going from one heat Co the

other as an extra car?

A. Yeah, meaning any beat.

Q. How many beats are in Lansing?

A. Four.

Q. So being iully staffed that would mean you'

Page 31

have five squad cars out; is that right?

A. Ninimum shifts are difierent depending on the

Cime.

Q. Okay, Would it be one squad per beat plus one

floater?

A. For midnights a minimum is four patrol

officers and one supe+rigor.

Q. And who was your direct supervisor an that

date?

A. I don'C recall.

Q. Looking at this document in front of you Co

see if that helps jag your memory.

A. Does not appear to specify.

Q. We have —I'm looking at this first page oi

the incident report. The personnel are Percak,

P E R C A K —and I don't know if I pronounced that

right —there's a Yonker, a Hynek, and a Jones in

addition to you. Do you see where iim reading from?

A. Yes.

Q. Would one of those people have been your

supervisor?

A. No.

Q. Are these all squad —Strike that.

Are those all patrol officers?

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Pages 30..33

Page 32

A. Yes.

Q, Okay. Aud would there have been an officer in

charge or sergeant at the time?

A. We don't have an officer in charge, so it

would be a sergeant or a lieutenant.

Q, Aud —Okay. So where were you when you heard

that dispatch about the battery in progress?

A. I don't recall my exact location.

Q. And what did you do when you heard the

dispatch?

A. I began to respond to Bottoms Up.

Q. And how did you do that?

A. I drove there in my patrol car.

Q. Well, did you go there as fast as you could?

A. I believe I went with my lights —at least my

lights on and I expedited. Not as fast as I could

possibly drive, but I expedited.

Q. Okay. And did you eventually get to Bottoms

Up'7

A. Yes.

Q. Were yau the first police officer that arzived

as iar as you know?

A. Yes.

Q. And where did you park?

Page 33

A. Parked in the area of the front entrance.

Q. And which direction was your squad car

pointing?

A. It was pointing in probably like a northwest

type angle.

Q. Aad would that be pointing towards the front

entrance of the Bottoms Up or in a different lacation?

A. Towards it at a diagonal, fram my

recollection.

Q. Would it also be pointing tawards the parking

lot?

A. It was poinCing towards the building itself.

The pariclilg lot was west of that location. It was

slightly poinCing that way.

Q. Now, when you said you put your lights on to

go there, would those -- those would have been the

emergency lights; is that right?

A. Yes.

Q. And had your squad car camera been

functioning, it would have been turned on by that'?

A. Correct.

Q. And did you ever turn off the squad car

camera?

A. I don't recall if I turned the lights oif. I

JENSEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 11 of 30 PageID #:162
McDowell vs. Lansing

Michael Eresmo Rodriguez - 03/04/2013

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Page 34

Chink I did turn Che lights off once I got on scene.

Q. I'm talking about the squad car camera itself;

do you have any memory of turning it aff?

A. We don't have the ability to manually shut the

camera off. It shuts itself off when the lights are

tuigled off.

Q. Okay. And you indicated that you believe yau

turned the lights off when you arzived?

I believe I did. I don't recall exactly

though.

Q. Why did you do that or why do you believe you

did that?

A. There would have been no reason for them to

stay on. But if I ran out of the car, I may not have

shut them off. I don't remember.

Q. Okay. Well, on the way ta Bottoms Up, were

Chere any further -- was there any furCher information

thaC you learned from dispatch other than the initial

dispatch'?

A. Those descriptions may have come out on the

air, but I don't recall.

Q. Did you contact dispatch to inform dispatch

that you had arrived at Bottoms Up?

A. I would have done that out of practice. I

Page 33

don't recall doing it, but I probably did.

Q. Anything that might help you remember if in

fact you did?

A. Take a look here.

Q. Yeah, go ahead.

A. I don't know if this says. I don't see it

documenting me callir ng it in.

Q. Does that mean you did not?

A. Na.

Q. You could have still called iu?

A. Sure, yes.

Q. But you have no memory either way?

A. I don't have —I don't remember exactly if I

did or not.

Q. Okay. Aud how long did it take you to get to

Bottoms Up from the time you got the dispatch?

A. I'd say about a Bo.nute to a minute and a half.

Q. All right. And -- All right. So you got to

BotComs Up, you indicated that you parked in the front

hy the front entrance; right?

A. Yes.

Q. Did you see any people outside of the Bottoms

Up when you first arrived?

A. Not that I recall.

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Pages 34..37

Page 33

Q. Okay. Aud what did you do when you got there?

A. Something drew my atCention to the parking

lot. I don't remember exactly what it was. It may have

been somebody pointing out —pointing me to that

direction, but I ran over to where the incident was

happening.

Q. Okay. So obviously the first thing you did is

you got out of yaur squad car, right?

A. Yes.

Q. And Chen you said something drew your

aCtention to the parking lot?

A. Yes.

Q. Could you be more specific?

A. I don't recall what drew my attention to where

the fighC was at. A lot of times when we geC on scene

people will point out, hey, over there, you know.

don't remember what that was, but something drew my

attention over to where the fight was happening.

Q. And is--

A. And I proceeded on foot to that location.

Q. Is there anything that might help you remember

what it was that drew your attention to the parking lot'?

A. No, not that I can think of.

Q, Now, when you arrived at Bottoms Up and you

Page 37

got out of your squad car, did you immediately take your

Taser out?

A. No, not that I recall.

Q. All right. And yau said something about you

ran over to the parking loC; is that right? I don'

wanC to mischaracterize, so I think those were your

wolds.

A. They were my words. I believe I moved there

pretty quickly.

Q. Okay.

A. But I don't know if I ran or not exactly.

Q, But you went there quickly?

Yeah, I'd say I went quickly.

Q. All right. So as you'e beading to the

parking lot, do you see any people'

A. Once I got Co that parking lot on the west

side, I did see people.

Q. All right. And how many people did you see

when you get to the parking lot?

A. Approximately four people.

Q. Wen, women?

A. Nen.

Q. How about the races; do you recall?

A. I know there was one male black,

JENSEN !rtrgoimn Sniohon

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 12 of 30 PageID #:163
McDoweH vs Lansing

Michael Eresmo Rodriguez- 03/04/2013

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Q. ThaC being the other—

A. I think—

Q. —Narla NCDowell?

A. Yes.

Q. Okay. Who else'

A. I believe the other gentlemen were male

whites, possiihly male Hispanic after hearing the last

name of one of them, but I don't totally recall.

Q. Do you recall what any of them were weariI ng?

A. No.

Q. When you first saw Chess individuals, where in

the parking lot were they located'

A. They were near -- I'd say near the center of

that parking lot.

Q. Are there any landmarks that you can say

within the parking lot that you can put them, they were

close to this or not as close to that, something like

thaC7

A. Wot that I can completely think of. They

weren't far from the building.

Q. When you say not far from the building, were

they less than 50 feeC from the buillLing?

A. I'd say less.

Q. Were there any cars in the parking lot?

Page 39

A. I believe there were cars in the parking lot.

Q. How many cars were iI othe parking lot?

A. I dan't know.

Q. Anything that might help you remember?

A. No, unless it's documented on Cook County

reports; but I didn't write those, so na.

Q. And where were Chose four people in relation

Co each other when you first saw them7

A. They were in close proxlgdty of each other.

Q. And what llere they doing'?

A. They were engaged in a physical altercation.

Q. When you say they were engaged in a physical

altercation, can you just articulate for us what you

mean by that?

A. I noticed a group of men engaged in a brawl,

fight.

Q. What do you mean by brawl7

I mean, like they were boxing each other.

Q. Okay. Was Narlo NcDowell in your presence

punching anybody'?

A. He was in the group. I don't know exactly who

was punching who. It was a chaotic scene.

Q. Did you see Narlo NcDowell throw any punches?

I don't recall.

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Pages 38..41

Page 4a

Q. Anything that might help you remember?

A. No.

Q. Did you see anybxly punch Maria NcDowell in

your presence?

A. I don't recall.

Q. Anything that gu.ght help you remember?

A. No.

Q. Did you see any of these other three men, not

ii ncluding Narlo NcDowell, throw any punches in your

presence?

A. I believe so, but I don't recall specifically.

Q. You couldn't say who was doing what?

A. Exactly.

Q. And did it seem to be three on ane, two an

Cwo?

A. I was unable to determine who was -- who were

the enemy and who were friends with each other.

Q. Okay.

A, It was chaotic.

Q, Aud were any of these people saying anything

when you first saw them?

A. Not that I recall.

Q. Does that mean they were not or does that mean

you don'C remember either way?

Page 41

A. I don't remember any verbal statements.

Q. And how far were yau from this group of people

when you first saw them?

A. I wauld say approximately 15 to 2il feeC.

Q. Now, was your view of these people blocked

where you were first parking your car?

A. Yes.

Q. And what was your view of these people blocked

by?

A. The building itself.

Q. Okay. Eo when you cleared the building is

when you first saw them?

A. Yes.

Q. And did you say anything once you saw those

people engaging in this altercation?

A. I ordered them to the ground.

Q. How did you do that?

A. It was something to the effect of eget on the

granuli. "

Q. And this was when you were 15 Co 20 feet from

them?

A. Yes.

Q. And when you first saw these -- this group of

four people engaged in this altercation, did yau stop or

JENSEN

uIIgohoo Solohoo

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 13 of 30 PageID #:164
McDowell vs. Lansing

Michael Eresmo Roddguez - 03/04/2013

Page 42

Pages 42..45

Page 44

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did you continue going in their direction?

I stopped shortly after I saw them.

Q. And did you draw any weapons?

A. I had my Taser out.

Q. Is that when you first saw them or immediately

thereafter'

A. I don't recall exactly when I drew my Taser

out, but I know I had it in my hand.

Q. Now, CLld you have iC in your hand before or

after you issued your command?

A. I don't recall.

Q. Anythdttg that might help you remember?

A. No.

Q. All right. And did you contact dispatch once

you saw Chis group of people?

A. I believe that I did.

Q. Okay. Aud what was the purpose of calling

dispatch at that point in time?

A. If I did contact them it would just be to

verify there was in fact a fight happening.

Q. And were there any other police officers an

scene that you were aware of when you first saw this

altercation with the faur people?

A. To my recollection, no. After reading this

Page 43

dispatch it did say that there was a —let me see haw

it said it —an off-duty officer there, but I don'

recall knowing that before I got there.

Q. Would that be Ricky Ramirez?

A. I believe so.

Q. Okay. I was talking abouC anybody from

Lansing or the Cook County Sheriff's Department.

A. No, I was the anly one present when I first

got there.

Q. So as far as you knew, you were the only

on-duty uniformed officer when you first saw these

people it cthe altercation; is that cor ect?

A. Yes.

Q. And the command you said is you told Chem to

exactly just get on the ground'?

A. Get down on the ground.

Q. And hotr many times did you issue that carmgand?

A. I don't recall haw many times.

Q. Nore than once?

A. It was issued more than ance for one subject

there.

Q. So when you issued yaur first command for

everybody to get on the ground, did anybody comply at

that point?

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A. Everybody complied except for one.

Q. Was that Norandi?

A. Yes.

Q. All right. So just to be clear, when you

issued the cortmtand for -- your initial command for these

people to get on the ground, Narlo McDowell got on the

ground; is that right?

A. I don't recall how many times I said it before

everyhxly got down, but most of the guys except for

Narandi got down pretty quickly.

Q. Okay. So Marlo McDowell was one of the people

that got down?

A. He was one of the ones that went down quickly,

yes.

Q. And did you have your Taser directed at

anybody in particular?

A. Nr. Norandi.

Q. How about initially?

A. In practice it would have been at like a low

ready, but I don't remember who I had it pointed at

before everyone went down.

Q. ?Bten you said it's low ready, what do you mean

by that'?

A. It would have been not pointed at anybody,

Page 45

just pointed Cowards the ground.

Q. Holding it in your hand and just pointing it—

A. Just had it ready in case I do need to go up

with it, but not necessarily pointed at anybody.

Q. Okay. Do you remember one way or the other

whether the first person you pointed it at tras Marlo

NcDowell?

A. I don't recall.

Q. Anything that might help yau remember Chat?

A. No,

Q. And did you continue issuing commands after

the ~t 'tial one of getting on the ground? Well, let me

just do it this way. You get there, you tell people to

get on the ground, three of the four get on the ground

ilrmediately; is that right'?

A. Yes.

Q. Okay. idbat does Norandi do at tlat point?

A. Norandi just was standing there.

Q. Okay. And Norandi when he was standing there,

where was he iin relation to you?

A. He was in front of me and I think his body was

just facing me —it was facing near me.

Q. Okay. Aud how many feet was he from you aC

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McDoweH vs. Lansing

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that point in time?

A. Probably 15, 20 feet.

Q. All right. And were you standing still at

that pail nt or were yau closing in on Morandi'?

A, I believe I was standing still.

Q. And where was McDovlell at this poinC in time?

A. From my recollection NcDowell was on the

ground right next to Norandi.

Q. And when you say McDowell was on the ground,

was he on his side, an his back, on his stomach?

A. I couldn't say for sure.

Q. You don't remember'?

A. Hat for sure, no.

Q. Anything that might help you remember?

A. No.

Q. And how about NcDowell's hands, how were they

positioned when he was on the graund?

A. I don't recall.

Q. Anytldng that llught help you remember?

A. No.

Q. And was NcDowell saying anything when he was

on the ground?

A. Not that I recall.

Q. How about the other three people that

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Pages 46..49

Page 4S

ground —I'm not talking about NcDowell; do you

understand that?

A. Yes.

Q. (Continuing.) —how were they positioned on

the ground?

A. I don't recall.

Q. Anything thaC might help you remember?

A, No.

Q. Were those other peaple saying anything while

they were an the ground?

A. Not to my recollection.

Q. Okay. When those three people are on the

ground and Norandi is standing, did you hear or see a

woman in the parking lot?

A. Wot at -- I remember seeing a woman during the

incident. I don't remember exactly when.

Q. Would that be Hoelle Folden?

A. I don't know her name.

Q. Could you describe what she looks like?

A. She was a female black. I believe she was

Nr. McDowell's girlfriend.

Q. AC some poil nt you realize she was on the

ac Ble7

A. Yes.

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Page 47

were on —SCrike that.

How about the other two peaple, where were

they in relation to Norandi when Norandi is standing

there?

A. From my recollecCion, the other two were Co

the right of him.

Q. And was NcDowell to Che left of Norandi or was

he also Co the right of Norandi?

A. From my recollection he was to the right.

Q. So all three peaple were to the right of

Norandi?

A. To my recollection.

Q, And were they in a row one next to the other?

A. From my recollectian it was Norandi, NcDowell

next to him, and then there was a little bit of a

distance and then the other two, I believe.

Q. And when you say a little bit of a distance,

how much of a distance are we Calking about?

A. Naybe 10 or 15 feet.

Q. Okay, And then those other two were closer to

each other than they were to NcDowe117

A. I believe so, but I couldn't say exactly for

sure.

Q. Those other twa people that were on the

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Q. But you don't remember when you realized that?

A. Yes.

Q. And when you said thaC Morandi was positioned

to the left of NcDowell, how far away vras he from

NcDowell'?

A. Very close. Within touching distance.

Q. So less than five feet?

Yes.

Q. And was Norandi positioned closer to

NcDowell's legs, his center mass, or his head?

A. I would say his head.

Q, And did Morandi have his hands up —Strike

that.

Haw were Norandi's hands positioned when he

was standing 15 to 20 feet in front of you?

A. I don't recall his position of his hands.

Q. Anything that might help you remember'

A. No.

Q. And as Norandi is standing after the other

three geC on the ground, what do you do at that point?

A. Ny attention is on Narandi and I'm issuing

cogmmnds continuously for him to get on the ground.

Q. How many coammnds?

A. Numerous, but I don't recall the exact amount.

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McDowell vs. Lansing

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Q. And are you pointing the Taser at him?

A. Yes.

Q. And is the laser pointer functioning at that

point?

A. I believe that it was.

Q. Where was the laser pointer pointing?

A. I don't recall the exact spot.

Q. How about the general spot'?

A, Nore than likely center mass.

Q. Meaning his chest or just below his chest?

A. Yes.

Q. And does Morandi respond in any way, whether

verbally or physically, ta your commands ior idm to get

on the ground?

A. Not at first.

Q. Does he eventually respond?

A. Yes.

Q. Tell us whaC happens.

A. ?/hen he did respond, he sat on the ground.

Q. Did something happen before he responded'?

A. Yes.

Q. What was that?

A. He kicked Nr. NcDowell.

Q. Okay. All right. Ho just the time line af

Page 51

it, how long was Morandi standing in front of you before

he kicked McDowell?

A. It was seconds. Probably about 10 seconds.

Q. Okay. Now, in that 10 secands, tell us

everything you did to tel to make Morandi comply wiCh

}'our collmands.

A. I had my Taser pointed at Mr. Norandi and I

was yelling to get on the ground, oget an the ground,

get on the ground."

Q. And did he do anything at all to comply with

that before he kicked NcDowell?

A. No.

Q. In that 10 seconds, tell us everything yau

remember that you observed Morandi doing.

A. From my recollection Norandi he was facing

Cowards my direction, he seemed drowsy, appeared —yau

know, from —possibly irom intoxication. I remember.

his eyes were half open or appeared to make this

drowsiness —to make him appear drowsy. That's all I

can remember. I dan't know if he was looking at me or

not,

Q. Were you iocused completely on Norandi in that

time frame?

A. Nost of my attention was on Morundi, if not

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all of it.

Q. And at the point in time that Morandi kicked

NcDowell, at Chat poinC in time to your knowledge were

there any other uniformed police officers an scene?

A. No.

Q. And describe articulately for us exactly how

Norandi went about kicking McDowell.

A. It was just one single swift kick. It was

just a kick, and from my recollection afterwards he just

faced my direction again right aiter the kick.

Q. And did Norandi -- libera did Noimndi kick

McDowell?

A. It appeared to be the area of his head.

Q. Which side of his head?

I don't recall.

Q. And which side of NcDowell's body was closest

to Morandi; was iC McDawell's right side of his body or

Che left side of his body?

A. I don't recall.

Q. Anything that might help you remember that?

A. No.

Q. And if we'e talking directionally, you said

that McDowell was to the righC of Norandi at thaC point

time; right?

Page 53

A. From my memory.

Q. And ii we'e talking directianally, north,

west, east, sauth, can you describe for us was he to the

north, to the west, to the east, or to the south oi--

meaning was NcDowell to the north of Morandi or to Che

south of Norandi or west or east?

A. Nr. NcDowell would have been to the west of

Mr. Norandi.

Q. Okay. And that means the other people that

were on the ground were also to the west of Norandi?

A. Conect.

Q. And geographically speaking again, where were

you i3 nrelation to Norandi?

A. I was to the south of Mr. Morandi.

Q. Okay. i?ere there any objects that were

obstructing yaur view oi McDowell in that 10 seconds

before he was kicked?

Wot to my recollection.

Q, iias there —Were there any abjects that were

obstructing your view of Norandi in those 10 seconds

while Norandi was standing there'?

A. Not to my recollection.

Q. Now, if I understand, what you testified to

was that Morandi essentially turned and kicked NcDowell

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Page Sd

and then turned and faced you again; is that right?

A. To my recollection.

Q. Okay. What's the very next tlung that happens

after Morandi turns again and is now facing you?

A. To my recollection I again screamed one last

time to get on the ground and then he complied.

Q. Why didn't yau tase idm?

A. I didn't tase him because I did not see him

assault Mr. McDowell again or thaC he was about to

assault him.

Q. Now, when Morandi got on the ground, how did

he get an the ground?

A. To my recollection he sat down Indian style

with his legs crossed.

Q. Facing you?

A. Yes.

Q, And after he sat down, what's the very next

thing that happened'

A. I waited for backup to arrive.

Q. Hour much time afCer that did backup arrive?

A. Probably about 40 seconds to a minute.

Q. And was the first officer that arrived a Cook

County Sheriff's deputy or a Lansing officer?

I don't remember that.

Page 55

Q. Other Lansing officers did arrive at some

poinC?

Yes.

Q. Okay. And then Cook County Sheriff's deputies

airrived as well; is that right?

A. Yes.

Q. Did yau handcuff anybody before any other

officers arrived?

A. Nat that I recall.

Q. From the time that Morandi got on the ground

Indian style until the time backup arrived, what are you

doing?

To my recollection I'm just standing ground

just watcidng.

Q. Issuing any further commands?

A. Not that I recall.

Q. Were you pointing your Taser at anybody?

A. Not that I recall.

Q. Had you put your Taser away?

A, I don't recall.

Q. After McDowell was kicked, what did you

observe about him?

A. I'm sorry?

Q. What did you observe about NcDowell after he

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Pages 54..57

Page 56

was kicked?

I don't recall.

Q. Well, when he was kicked or immediately

thereafter did he cry out in pain or do anything that

indicated that he was in pain?

A. I believe he did indicate that he was in pain.

An ambulance was called.

Q. I'm Calking immediately at the time that he

was kicked or immediately thereafter.

A. I don't remember if he said anything

immediately or not.

Q. Do you know if he was still conscious after he

was kicked7

I dan't know if he had any slight

unconsciousness, but he was conscious for the incident

in its entirety that I recall. I don't recall him ever

being uncanscious.

Q. Did you ever evaluate him to see if he was

conscious?

A. I did not —I did not evaluate him like a

physician would evaluate somebody, but I remember him

being conscious the entire time. I dan't remember any

unconsciousness. He was talking.

Q. Did you call for an ambulance as soon as you

Page 57

saw that McDowell was kicked in the face?

A. I don't remember the timing of the ambulance

call.

Q. You don'C recall if it was immediaCely after

he was kicked'?

A. I don't recall the exact tiki g.

Q. Did yau ever call for an mgbulance?

A. Did I in this incident?

Q. Yes.

A. I believe I did. I believe I was the one that

called it in. Could I check here and see if it says?

Q. Yeah, go ahead.

A. It says Officer Hynek, 332, in Cook County

requested 1052.

Q. 1052 means whatu

A. Ambulance.

Q. Officer who'?

A. 332 is Officer Hynek.

Q. That is a Lansing police officer?

A. Yes. It says him and Caok County requested

1052, which is an ambulance, for baCtery victim.

Q. Who's Tyler Niven'?

A. He's a dispatcher.

Q. So what yau're looking at is the timing at

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Page SS

4:26 and 24 seconds a.m. on June 25th 2011; is that

right?

A. Yes.

Q. Okay. According to Che Lansing dispatch

records, you did not ask for an ambulance; is that

correct?

A. Yes.

Q. Does that help refresh your memory as ta

whether you requested an ambulance to dispatch'?

A. Yes.

Q. And you did not; is Chat cor ect?

A. I don't believe I did urdess there's an error

on here. I'm going to go by this.

Q. Any parCicular reason why you did nat call far

an ambulance even though you saw McDowell being kicked

in the face?

A. Well, I did not see the -- I did not see

injury. I didn't see exactly what —I saw the general

kick, but I didn't see if he even made contact exactly

or how —what the injuries may or may not have been.

So unless I had saw same serious injtu3 myself,

typically would not call an ambulance on your own

without it heing requested by the victim.

Q. Who's Unit 151'?

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Pages 58. 61

Page sa

don't remember.

Q. Talking thaC 40 seconds from the time Morandi

got on the graund until the backup arrives; yau

understand thaC'?

Yes.

Q. Okay. In that 40 seconds, the black female,

is that when you first saw her; does that help jog your

memory?

A. That sounds coixect, but I don't remember

exactly when I first saw her.

Q. At some point yau did notice that she was

there, right'?

A. Yes.

Q. Where was she when you first noticed her?

A. She was in the parking lot.

Q. Can you be more specific'?

A. I'm not exactly sure where in the parking lot.

Q. Where was she in relation to the people that

were lying on the ground'?

A. I don't remember.

Q. i'ias she lying an the graund?

A. No.

Q. Was she saying anything?

A. Yes.

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Page 59

A. I believe that's prabably a fire department

uldt.

Q. What does TCT Cack CounCy mean?

A. Ttugted over to Cook County.

Q. Ok-oy. All right. So in thaC 40 seconds from

the time that Morandi gets on the ground until the time

that backup arrives, what are the people an the ground

doing that you see7

A. To my recollecCion they just remained

stationary on the ground. There was na further

altercation.

Q. And your testimony is in that time frame

McDowell is doing what?

A. He's on the ground.

Q. Doing what exactly?

A. I don't recall.

Q. So in that time frame, do yau remember one way

or Che other whether he was conscious or had lost

consciousness?

A. I don't recall.

Q. Anything that might help you remember?

A. No. I believe he was conscious, but ...

Q. Yau don't remember for sure'?

A. Yeah. There tlas a lot of people there, so I

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Page Sl

Q. What was she saying?

A. I just recall that she was upset, but I don'

remember her statements.

Q. ?lhat was she upset about'

A. She was upset about her boyfriend.

Q. Being kicked in the face?

A. I don't remember exactly if it was for that,

but probably.

Q. Well, tell us to the best of your memory what

yau remember obseoring about her or hearing her say.

A. I just remember that she was upset about the

incident that happened, but I couldn't tell you exact

statements.

Q. And when you say upset, what do you mean hy

that?

That she was not -- she did not appear to be

happy with the circumstances.

Q. Was she raising her voice; was she -- what

exactly do you mean by that, if you can tell us?

A, I don't remember the volume of her voice.

Fram my recollection she just appeared to be upset,

saying something to the effect of her boyfriend was a

victim, yau know, or something like that, but I don'

remember exactly.

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Page 62

Q. Anything else that yau remember in relation to

her?

A. No.

Q. Can yau tell us agaii nexactly why is it that

you did not place Norandi in custody as soon as you saw

him kicking Morandi —McDowell?

A. Can you elaborate that.

Q. You saw him commit a battery; is that right?

A. Yes.

Q. Okay. That's a crime, right?

A. Yes.

Q. So when you saw him doing that, why didn't you

handcuff him?

A. That would have been an officer safety issue.

I was the only ane on scene and there was four

cambatants.

Q. At any paint in time, did yau place handcuffs

on Morandl?

A. No, I don't believe so.

Q. Why not?

A. I believe another officer did.

Q. All right. So you said backup arrived after

about 40 seconds to a minute, right?

A. Yes.

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Pago Sa

backups —okay, you understand?

A. Yes.

Q. (Continuing.) —what's the first thing that

happens; did they come ta you; did they go somewhere

else; do you say something to them; does anybody else

say something to them?

I'm sure the situation was explained, but I

don't remember exact statement that I could tell you.

Q. Did you explain anything to the responding

officers?

I probably did, but I

-- I don't recall who I

explained it to. I think I talked to one of the Cook

County deputies.

Q. Okay. You recall speaking to a Cook County

deputy at some point in time?

A. Yes.

Q. Nhat did that Cook County deputy look like?

A. I don't recall for a fact.

Q. Tell us to the hest of your memory.

A. I think maybe it was -- I think a female was

there —a female officer, but -- and possibly a male

deputy also.

Q. How many Sheriff's deputies do you actually

recall being on scene?

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Page 63

Q. When backup arrives where do they come from?

A. They came from Lansing. As far as their

direction of travel, I don't know far a fact.

Q. I guess that was very poorly worded. What I

mean is -- let's put it this way, when you first

realized that backup was there, how did yau know that

backup was there?

A. I saw other officers on scene.

Q. Okay. And where were they coming from; were

they coming from the same direction you left your squad

car or were they coming from different directions?

A. I couldn't say for a fact.

Q. And what happens when the first units arrive?

I recall —I recall at least one subject

being taken into custody, but I don't remember exactly

the order or who exactly did the handcuffing.

Q. And was that subject that you recall Morandi

or was that somebady else?

A. To my recollection I recall maybe Ramirez

being taken, but I don't ...

Q. Ragdrez was the ofr-duty cop'?

A. Yes.

Q. And -- Nell, let's take it hack a notch. So

when the arriving responding officers came, the

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A. I believe at least two.

Q. Tell us to the best of your memory what you

relayed to them.

A. I believe that I advised that one sublect

kicked the other subject.

Q. That Morandi kicked McDowell?

A. Yes.

Q. And when you relayed that information, was

Norandi in handcuffs yet?

A. I don't recall.

Q. Anything that might help you recall?

A. No.

Q. At some point Ncgowell was also placed in

handcuffs; is that correct7

A. I don't recall that.

Q. Anything that sdght help you remember that?

A. No.

Q. At some point ambulances arrived, right?

A, Yes.

Q. Okay. So let's do it this way: From the

point in time that your backup arrived until the time

that the ambulances arrived, in that time frame tell us

what you remember happening on scene.

A. I think Cook County was sorting out what had

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happened. They were conducting their investigation.

Q. And what were you doing in that time frame'?

A. I was just in the area. I wasn't —I thai I

spoke a little bit to a Cook County Sheriff deputy and

that's about it.

Q. Okay. So from the time that the backup urdts

arrived until the time the iirst ambulance arrived, in

ChaC time frame the only thing you remember doing is

talking to one or more Sheriif's deputies; is that

right?

A. Yes, and I believe I spoke to at least one

Lansing ofiicer too.

Q. Okay. And which officer was that?

A. Probably Officer Hynek.

Q. And why do you say probably Hynek?

A. Because I'm recalling him beii ng on scene and I

think I probably spoke with him, but I don't recall

exactly if I did or not. I probably did.

Q. Anything that might help you jog your megory

as to whether you actually did speak to Officer Hynek?

A. No.

Q. Now, again, there's five people including you

on this incident report from Lansing as heing listed as

having responded in some fashion. So looking at this,

Page 67

there's a Percak, a Yonker, Hynek, yourself, and Jones;

right?

A. Yes.

0, You Cold us that you think that Hynek was

Chere and you think you might have spoken to him; is

that right?

A. Yes.

Q. How about the other three, Percak, Yonker, and

Jones, do you remember any oi them actually arriving or

speaking to them on scene?

A. No.

Q. Do you think anything might help you remember

as to whether any oi Chose officers arrived?

The dispatch records.

Q. 053 ahead,

A. Well, it indicates 332, Officer Hynek, as

being on scene since he requested the ambulance, but it

doesn't indicate whether the ofiicers actually arrived

or not.

Q. Okay. So this does not help you remember if

any of those other officers arrived; is that correct'?

A. No. I believe that they were there, but I

don't specifically remember their presence. I somewhat

remember 0fficer Jones being there.

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Q. Is that a male or female?

A. Wale.

Q. What's his name —first name?

A. Michael Jones.

Q. And from what you remember of Nichael Jones

being on the scene, what was he doing?

A. I just remember idm standing there on scene.

Q. Okay. So from the time that the backup units

arrived until the ambulance arrived, in that time irame

what was the female -- the black female doiing, if you

remember?

A. I don't remember.

Q. From the time that the backup units arrived

until the ambulance arrived, in thaC time frame tell us

everything you remember observing about Narlo NcDowell.

A. I think that he was complaining about his

inl sly.

Q. Can you be more specific?

A. No.

Q. Do you remember where he was located or how he

was posiCioned in ChaC time frame'?

A, No.

Q. And how far were you from him in that time

frame?

Page sg

A. I don't know exactly.

Q. Did you walk further away irom him or did you

get closer to Lim than that initial 15 to 20 ieet that

you were from Cdm?

A. I think that I was within a close range of him

maybe when he was going into the ambulance or around

that time. I seem to recall being kind of near him.

Q. Okay. I?bat did you observe about him at that

paint?

A. Nothing of note.

Q. Did he appear Co be in pain?

A. I don't remember if he appeared to be in pain

or if he was just complaining of the injury.

Q. And the nature of his complaints, there'

nothing you remember specifically about what those were;

is that correct7

A. Not specifically, no. I think he was

indicating his head or jaw.

Q. Okay. Beyond that, you don't remember?

A. No.

Q. And how about the other three people Chat were

initially involved in the fight, from the time that the

responding officers arrived until the time that the

ambulance a27rived, in that time frame what were those

JENSEN

rir&gnonn Snroenn

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 20 of 30 PageID #:171
McDowell vs. Lansing

Michael Eresmo Rodriguez - 03/04/2073

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Page 70

other three people doing, that includes Norandi; right?

A. I don't recall.

Q. Do you remember anything about what Norandi

was doing or where he was located from the time that the

respondiiig officers arrived until the time that the

first ambulance arrived?

A. Can you repeat that.

Q. Yeah. The first responding officers arrived

you told us 40 seconds to a minute after Morandi gets on

the graund. From that point ii ntime until the time that

the first ambulance comes on scene, in that time frame

tell us everything you remember Norandi doing or saying.

A. I don'C recall.

Q. Anything that might help you remember'?

A. No.

Q. How many ambulances eventually came on the

scene?

A. I remember one.

Q. And that's the one that tended to Maria

McDowe1 1?

A. Yes.

Q. And you said you recall him being taken ii nto

the ambulance; is that right?

A. Yes,

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Pages 70..73

Page 72

A. I don't remember.

Q. At what point in time did you leave the scene?

A. I don't remember the exact time.

Q. How long were yau on the scene?

A. Probably approximately 20, 25 minutes.

Q. Were there any other police officers that were

left on the scene after you left?

A. I don't remember.

Q. Anything that might help you remember?

A. No.

Q. Was anybody placed in handcuffs besides

Morandi? Well, I don't think you told us specifically.

Was Norandi placed in handcuffs when you were still

Chere?

A. I don't —I don't recall him being placed in

handcuffs.

Q. Does that mean he was not7

A. That daesn't mean he wasn', but I don't know.

Q. You don't remember either way?

A. I don't remember. I think we lefC it up Co

Cook County what they wanted to do,

Q. Was the investigation still ongoing when you

left?

I dan't recall.

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Page 71

Q. Did he go into Che ambulance of his own power

or was he wheeled in on a streCcher?

A. I don't remember.

Q. Anything that might help yau remember'?

A. No. It may be documented in the ambulance

report.

Q. Did you have any conversations aC all with the

paramedics that arrived on scene?

A. Not to my recollection.

Q. And did you see what, if anything, the

paramedics were doing in treaCing Maria McDowell?

A. Not specifically.

Q. How about generally?

A. I know that they were treating ldm, but that'

about it. I don't know exactly what they were doing to

treat him,

Q, And when the paramedics were treating Maria

McDowell, where was Chis black female?

A. I dan't know her exact location.

Q. Dkay, And after McDowell was placed into the

ambulance, did the ambulance leave?

A. I believe that iC left at some poinC, yes.

Q. Were you still an scene when the ambulance had

left?

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Page 73

Q. What did you do next after yau left?

A. I don't remember.

Q. When's the next time you had anything ta do

with this incident?

A. When I went to trial.

Q. Did you have any contact with any State'

attorneys prior to you going to trial to testify in

relation to this incident?

A. I believe so, yes,

Q. i'lere you subpoenaed?

A. I was summoned or subpoenaed.

Q. And when you say you had contacC with the

State's aCtorneys, was thaC —did you go to regular

court appearances or did you just show up the ane time

when it was time to testify?

A. I dan't remember how many times I went for it,

but any conCacC with the State's atCorney would have

mainly been to prep for the incident —for the trial.

Q. Which courthouse was the trial at'?

A. Markham,

Q, Have we exhausCed your memory of what you

observed of Narlo NcDowell?

A. Yes.

Q. And what Maria McDowell was doing or saying?

JENSEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 21 of 30 PageID #:172
McDoweH vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013

Page 74

Pages 74. 77

Page 76

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A. Yes.

Q. Anything that might help refresh yaur memory

on those topics?

A. No.

Q. Have we now exhausted your memory of your

observations of Stephen Norandi?

A. Yes.

Q. And whaC he was doing?

A. Yes.

Q. And where he was located at various points in

tigie?

A. Yes.

Q. Anything that might help refresh your memory

on those topics?

A. No.

Q. Have we exhausted your memory with respect to

all the other people that you saw in the parking lot

that were involved iu this fight?

A. Yes.

Q. And what they were doing or saying?

A. Yes.

Q. Anything that might help refresh your memory

on those topics?

A. No.

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A. Yes.

Q. And do you think there's anything else that

might help yau remember anything in addition to what

you'e told us today'?

A. No.

MR. FOU1RIS: Okay. Greg, do you have anything?

MR. MATHEWS: No questions.

MR. FOUTRIS: Reserve or waive?

MR. MZZTHEWS: Waive.

(Witness excused.)

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Page 75

Q. Have we exhausted your memory wiCh respect to

this black female what was in the parking lat'?

A. Yes.

Q, And what she was saying or doing in your

presence?

ves.

Q. Anytlnng that might help refresh your memory

on those topics'?

A. No.

Q. Have we now completely exhausted your memory

with respect Co Chis incident'?

NR. MATHEWS: I object to the overbroad nature of

the question.

BY MR. FOUTRIS:

Q. You can sCill answer.

A. I take my aCtorney's advice.

Q, llhat does that mean?

NR. MATIEWS: Yau can answer the question,

THE WII?PhSS: Are you objecting ta it?

MR. MATHEWS: That was jusr. a lawyer.

THE WITNESS: Oh, okay.

BY MR. FOUTRIS:

Q. In other words, have you told us everything

you remember happening at Che scene of the incident'?

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Page 77

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 22 of 30 PageID #:173
McDowell vs. Lansing

Michael Erasmo Rodriguez- 03/04/2013

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Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 23 of 30 PageID #:174
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Index: 1..camera

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Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 24 of 30 PageID #:175
McDowell vs. Lansing

Michael Erssmo Rodriguez - 03/04/2013 Index: car..evaluate

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friends 40:17

front 7:7 12:12,20,24

13:314 10 15:14

19:1821:9,1128:23

31:1133 1,6 35:19,20

45:22 49:1551:1

FTO 10:5,6,8

full 4:8

fully 4:21 30:24

functioning 24:14,19

33:2050:3

gain 615

general 50:8 58:18

generally 71:13

gentlemen 38:6

geographically

53:12

girlfriend 48:21

McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013

give 4:17,1826:6

graduated 5.5

graduating 5:9

greater 25:16,17

Greg 76:6

ground 4:1741:16,19

43:15,16,2344:6,7

45:1,13,1546.8,9,17,

22 48:1,5,10,1349:20,

22 50:14,1951:8,9

53:1054:6,11,12

55.10,1359:6,7,10,14

60:3,19,2170:10

group 39:15,2141 2,

23 42:15

gI'oops 10:17

guess 16:24 63.4

guessing 16:21 21:10

guys 44:9

heard 11:10,15,16

28.12 32:6,9

hearing 38:761:10

height 15:13

helps 31:12

hey 36:16

Hispanic 38:7

hit 25:15

hitting 20:14

Holding 45:2

hospital 17 11,15

hours 28:7

Hynek 31:1757:13,18

66;14,15,20 67:1,4,16

hypothetical 25:11

hypothetically 20:20

hair 16:4

half 28:7 35:1751.18

hand 42:8,945:2

identify 12:9

Illinois 5:5

immediately 37:1

42:5 45;16 56:3,8,9,11

57:4

handcuffing 63:16

handcuffs 62:17

65:9,1472:11,13,16

handed 7:412:8

hands 46:1649:12,

14,16

happen 50:20

happened 9:1115:1,

7 54:18 61:1266:1

happening 36 6,18

42.20 65:23 75:24

happy 61:17

head 49:10,1152:13,

14 69;18

heading 37:14

hear 48:13

incident 12:10,18,22

13:10,13,19,23,24

14:9,21 17:8,1224;18,

23 30:2 31:1536:5

48:1656:1557:8

61:1266:23 73:4,8,18

75:11,24

includes 70:1

including 40:9 66:22

incomplete 25:10

Indian 54:1355.11

indicating 11:2323:3

69:18

individuals 38:11

inform 34:22

information 11:13

34:1765:8

handcuff 55.7 62:13 in-house 29:8,10

Index: eventually..khaki

informed 7:18

initial 26:1734:18

44:5 45:1369:3

initially 44:18 69:22

injuries 11:958:20

injury 11:10,1458:18,

21 68:1769:13

inside 22:21

instance 20:20

interact 11.416:6

mteracted 10:23

interrogatories 6;21

7:6,20 8:4 11:24

interrupt 15:22

intoxication 51:17

investigation 66:1

72:22

involved 9:869:22

74:18

involving 28:1329:5

iphone 5:13

issue 431762:14

issued 42:1043:20,22

44:5

issuing 45:1249:21

55:15

jaw 11:11,14,1569.18

jog 28:23 30:5 31:12

60:7 66:19

Jones 31:1767:1,9,24

68:4,5

July 5:4

jumped 2921

June 10:2211:417:23

26:9 27:5,21,24 58:1

jurisdiction 14:1,2

khaki 29:23

3I2 236 oo3o

377 o53 6736

rn 312 23o 696II

www.leneenallaoIfon.oom

JENSEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 26 of 30 PageID #:177
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Index: kick .park

kick 52:8,9,10,11

58:19

kicked 27:16 50:23

51:2,1152.2 53:17,24

55:21 56:1,3,9,13

57:1,558:1561:6

65:5,6

kicking 52:7 62:6

kind 132317:621:15

23:3,6 69:7

knew 29:1443:10

knowing 43:3

knowledge 8.5 10:22

17:14,16,1819:17

52:3

landmarks 38.15

Lansing 4:14 5:3,10

6:2,6 9 20 12:23

13:10,2417:14,24

26:1327:2 28:1929:7

30;2,22 43:7 54:23

55;1 57'19 58:4 63:2

66.12,23

laptop 21:22

laser 24:19,22 25:7

50:3,6

law 5.16,19

lawsuits 6:20

lawyer 75:20

learn 29:4,11

learned 30;6 34:18

leave 23:12,1571:21

72:2

left 5:1547:7 49:4

52:18 63:1071:22,24

72:7,20,23 73:1

legs 49:1054:14

lieutenant 32:5

lights 18:18,19,21,22,

23 20:1332:15,16

33:15,17,2434:1,5,8

listed 66 23

listen 16:18

Listening 16;16

loaned 10:19

located 17:1221:9

38:1268:20 70:4

74:10

location 28:15 32:8

33:7,1336:20 71:19

long 35:1551:172:4

looked 15:12

lost 59:18

lot 29:22 33:11,13

36:3,11,15,2237:5,15,

16,1938'12,14,16,24

39;1,248:1459:24

60:15,74:1775:2

low 44:19,22

lying 60.19,21

made 9:2 58:19

make 51 5,18,19

male 15:1929:23,

37:24 38:6,764:21

68:1,2

manually 20:1434:4

mark 6:2312:3

marked 7:2 12:6

18 112

Markham 73:20

Marlo 10:23 15:16

16:727:15 38'3 39:19,

23 40:3,944:6,11 45:7

68:1570:1971.11,17

73:22,24

Mars 18:19,2120.13

mass 49:1050:9

MATHEWS 12:13

25:1075:12,18,20

76:7,9

Mcdowell 10:23

15:16,1716:7,21 17:3,

7,12,1727:1538;3

39:19,2340:3,944:6,

11 45:8 46:6,7,9,21

47:7,14,21 48:1 49 4,5

50:23 51:2,1152:3,7,

12,23 53:5,7,16,24

54:9 55:21,24 57.1

58:1559:1365:6,13

68:1570.20 71:11,18,

20 73:22,24

Mcdowell's 46:16

48:21 49:1052:16,17

meaning 30:19,21

50;10 53:5

means 53:957:15

meant 12.14

MEG 10:15,16,17

memory 23 21,24

25:6 28:24 30:531:12

34:3 35:1253:1 60:8

61:964:1965:2 66:19

73:21 74:2,5,13,16,22

75:1,7,10

men 37:21,22 39:15

40:8

metropolitan 10.17

Michael 4:3,1068.4,5

microphone 20;1,4,

16,18,19,2321:6

22:17,20 23 2

midnight 18:8

midnights 31:6

mike 21.5

military 5123

minimum 31:2,6

minute 35:1754 21

62.23 70 9

minutes 72:5

mischaracterize

37:6

misconduct 7:23

8;18 9:16

model 24:10

Morandi 11:214:22

16:617:444:2,10,17

45:18,19,2046 4,8

47:3,7,8,11,1448:13

49;3,9,12,19,2150:12

51:1,5,7,14,15,22,24

52:2,7,11,17,2353:5,

6,8,10,13,14,20,21,24

54:4,11 55:1059:6

60:2 62:5,6,1863:17

65:6,970:1,3,9,72:12,

13 74:6

Morandi's 14:24

49:14

Morgan 14:5,6,7

mounted 21:10,19

moved 37:8

movement 27:13,18

N

named 9:5

nature 8:23 69:14

75:12

necessarily 45:5

night 27:23

Niven 5722

Noelle 11:14817

north 53:2,4,5

northwest 33:4

Nos 12:6

notch 63:23

note 69:10

notice 23:1 60:11

noticed 39:1560:14

Numerous 49 24

object 25:1075:12

objecting 75:19

objects 53:15,19

observations 74:6

observe 55:22,24

69.8

observed 51:14

73:22

observing 61:10

68:15

obstructing 53:16,20

occurred 13:24

off-duty 29:22 43:2

63:21

offense 12:17

office 15:10

officer 5:156:2 7:18

9:6,20 10:4 12:8 14:3

17:24 18:427'9 29:22

32:2,4,21 43:2,11

54:22,23 57:13,17,18,

19 62:14, 64:21 66.12,

13,14,20 67:16,24

officers 31:7,2442.21

52:4 55:1,63:8,24

64:1067:13,18,21

69:2370:5,8 72:6

officially 10:811:16

on-duty 43:11

ongoing 72.22

open 51;18

operate 18:17

operational 19:11

order 23:8,9,19,20,22

24:1 63:16

ordered 41:16

organization 29:9

overbroad 75:12

p.lrl. 27:23

Pain 5645669.1112

pants 18:10

paperwork 23:3

paramedics 71:8,11,

17

Pardon 18:20

park 32:24

312 236 6736

677 653 o736

„312216 no 63

wwooleneengggngon.oom

JEN'SEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 27 of 30 PageID #:178
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Index: parked..rodriguez

parked 33:1 35:19

parking 29:22 33:10,

13 36:2,11,2237:5,15,

16,1938:12,14,16,24

39:1,241:648:14

60:15,74:17 75:2

part 10:1522:14

part-time 8:9

partial 10.7

patrol 18:431:6,24

32:13

PDT 21:23

people 11:516:18

27;4,7 31:2035:22

36:1637:15,17,18,20

39:740:20 41:2,5,8,

15,24 42:15,2343:12

44:6,1145:1446:24

47 2,10,24 48:9,12

53:9 59:7,24 60:18

66 22 69:21 70.1

74:17

Percak 31:1567:1,8

person 20:2,8,9 45:7

personnel 31 15

physical 39.11,12

physically 50:13

physician 56:21

place 20:222:2062:5,

17

plaintiff 1 5:12,15

plaintiffs 11:8

point 17:325:7 28:12

29.15 36:1642:18

43;24 45:1846.1,4,6

48:22 49.20 50:4 52:2,

3,23 55:2 60:11 62:17

64:1565:13,18,21

69:970:1071:22 72:2

pointed 44:20,24

45:1,5,51:7

pointer 24;20,22 25;7

50:3,6

pointing 19:2321:11

33:3,4,6,10,12,1436:4

45:2 50:1,655:17

points 19:1874:10

police 4:145:156:2

7:23 8:189:3,20 10:3

13:1914:4 17:24

22:12 26:1828:9 29:8

42:21 52:4 57:1972:6

pool 19:13

poorly 63:4

portion 30:2

position 49:16

positioned 46:17

48:4 49:3,9,1468.21

possibly 32.17 38:7

51:1764:21

powel 71;1

Practice 22:22 24:16

34 24 44:19

preferably 23:15

prep 73:18

prepare 11:1913:22

preparing 23 21

presence 39:1940:4,

10 67:23 75 5

present 6:17,1943:8

pretty 37:944:10

prior 10.22 24:17

25:18,21 26:4,9 27:5,

7,16 73:7

probationary 26:17

probes 25:17

proceeded 36:20

proceedings 11:5

progress 29:1330:8

32:7

prong 25:8

prongs 25:1,2

pronounced 31:16

prosecutions 14:20

protocol 22:14

proximity 39:9

PTI 26:20,21

punch 40:3

punches 39:2340:9

punching 39:20,22

purpose 42:17

push 21:1

pushing 21:2

put 33:1538:1655:19

63:5

putting 194

Q

question 4:21,24 7:22

8 2 75 13,18

questions 76:7

quick 4:176:2417:20

quickly 37:9,12,13

44:10,13

race 15:13

races 37:23

raising 61:18

Ramirez 11 2 43.4

63:19,21

ran 34:14375,11

range 69:5

reading 30:2 31:18

42:24

ready 44:20,22 45:4

real 6:24

realize 48:22

realized 49:1 63:6

reason 19:113413

58:14

recall 14:1915:11,12,

19,20 17:5,1020:5

22:2,8,10 24:1726'1 1

28:5,8,11 29:1631:10

32:8 33:24 34:9,21

35:1,2436:1437:3,23

38.8,939:2440:5,11,

22 42:7,11 43:3,18

44:8 45:9 46:18,23

48:6 49;16,24 50:7

52:15,1955:9,16,18,

20 56:2,16 57:4,6

59:16,2061:263:14,

17,1964:11,14,18,24

65:10,11,15 66:17

69:770:2,13,2272:15,

24

recalling 66:16

received 9:21 29.6

recertified 26:24

recognize 7:6

recollection 24:21

33:942:24 46;7 47;5,

9,12,14 48:11 51:15

52:9 53:18,2254:2,5,

55:1359:961:21

63:1971:9

record 12:9 13.15,18

20:15

recorded 21:17

recording 21:7

records 22:12 58.5

67.14

refresh 58:8 74:2,13,

22 75:7

refusing 6:13

regular 7313

Reid 10:12,14

relation 39:745:21

47:3 53:1360:1862:1

73:8

relatives 5:19

relayed 65:3,8

remained 59:9

remember 13 516:1,

14,23 22:11 29:17

30:7,8,1634:1535:2,

13 36:3,17,2139 4

40:1,6,24 41:142:12

44:20 45:6,1046:12,

14,1948:7,15,1649:1,

17 51:14,17,52:20

54:24 56:10,21,22

57:2 59:17,21,2360:1,

9,20 61:3,7,10,11,20,

24 62:1 63:1564:8

65:16,2366:8 67:9,12,

20,23,24 68:5,7,11,12,

15,20 69 12,15,19

70:3,12,14,1871:3,4

72:1,3,8,9,19,2073:2,

16 75:24 76:3

repair 23:20,22 24;1

repeat 70:7

report 12:2,10,18,23

13:10,2330:2 31:15

66:23 71:6

reportedly 29.22

reporter 4;11

reports 13:12,19

14:1015:1439:6

reprimand 9.21

reprimands 10:2

requested 7:212:6

57:14,20 58:9,23

67:17

Reserve 76:8

respect 13:2374:16

75:1,11

respond 4:22 32:11

50:12,16,19

responded 14:15

50:20 66:24

responding 14:2

63:24 64:9 69;23 70:5,

8

rest 8:4

restrained 27:19

restricted 27:13

result 15:1

review 11:2213:3

26:1428:23

reviewed 12:1

Richard 11;1 14:22

15:6

Ricky 11:243'4

ring 14:12

rodriguez 4:3,107:1

12:5

112 235 o93o

377 553 o735

Fo 3 12 215 oong

www.leneenllggngon.oom

JEN'SEN

uggaean Saloean

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 28 of 30 PageID #:179
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Index: row..unconsciousness

low 47:13

rules 4:17

safety 62:14

sat 50:1954:13,17

scene 34:1 36:15

42:22 48:23 52:4

62:1563:8 64:24

65:23 66:1667:10,17

68:6,7 70:11,1771:8,

2372'2,4,7 75:24

screamed 54:5

screen 21.15,16,19,

21

side 37:1746:10

52:14,16,17,18

signature 7:9

silver 18:9

similar 23:8 24;7

single 52:8

sir 7:712:24

situation 64:7

slash 12:17

slight 56:14

slightly 33:14

sorting 65:24

sounds 28:2 60:9

seconds 51:3,4,13

53:16,2054'21 58:1

59:5 60:2,6 62:23 70.9

sergeant 23:1732:3,5

serves 25:6

service 29:7

set 7:20

sets 12.3,8 13:3

Sheriff 14.5 66:4

Sheriffs 12.11,18

13;8,1914:4,1443:7

54 23 55:4 64:23 66.9

sheriffs 14:17

shift 19:922:7 23:12

27:22 28:3,10

shifts 31:2

shirt 18:1029:23

short 16:3

shortly 42:2

shorts 29:23

shoulder 20:11

show 73:14

shows 21:16

shut 34:4,15

shuts 34:5

speak 66.20

speaking 53:1264;14

67:10

specific 11:1219:8

30:1436:1360:16

68:18

specifically 8 22 9 4

23 9 24 2 30:3,12

40:11 67;23 69:15,17

72:12

spell 4:11

spoke 11:2166:4,11,

17

spoken 67:5

spot 50.7,8

spread 25:13,17

squad 6:14 18:12,14,

17,22 19:2,8,10,12,13,

15,16,19,2420:12,21

21:8,1722.6,15,21

23:2,22 24:2 31:1,4,23

33:2,19,2234:2 36:8

37;1 63:10

staffed 30.24

standing 45:19,20

46:3,547:3 48:13

49:15,1951:153:21

55:1368:7

start 5:3 21:727:22

south 53:3,4,6,14 second-to-last 7:10

started 5:9

state 4:8 5:6

State's 1 5:973;6,13,

17

stated 6:8

statement 64:8

statements 41:1

61:3,13

stating 23:9

station 23:13

stationary 59.10

status 26:17

stay 34:14

stemmed 14:21

Stephen 11:214.21

74 6

stomach 46:10

stop 17:2041:24

stopped 42:2

store 8:8

stretcher 71:2

Strike 31:2347:1

49:12

style 54:1355:11

subject 6:139 1,23

15:1929:21 43:20

63:14,1765 4,5

subpoenaed 73:10,

11

sued 6:1

suing 6:16

summoned 73:11

supervisor 31:7,8,21

sUpport 5:13

supposed 22:1725:7

28:3

suspects 29:23

sustained 9:1211:10,

14

swift 52:8

sworn 4:1,5

sync 22:17,21

system 21:21,23

talk 17.23

talked 64:12

talking 13:717:19

21:23 34:2 43:6 47:18

48:1 52:22 53:2 56:8,

23 60:2 66:9

tase 54:7,8

tased 6:15,1825:24

Taser 24 8,12,1925:2,

6,18,21 26:3,9,16,18,

24 37:242:4,7 44:15

50:1 51:755:17,19

tech 5:13

tended 70:19

test 24:15

testified 4:5 14:24

16:553:23

testify 16:2073:7,15

testifying 16:13,15,

22 17:2

testimony 59:12

thing 36:754:3,18

64:3 66:8

thought 16:23

throw 39.23 40:9

time 6:178:610:7

16:22 17:319:7,23

22:1 23:1426 8,19

27:22 29:8 30:1432:3

35;1642:1846:1,6

50.24 51:2352:2,3,24

54:6,20 55:10,1156'8,

22 59:6,12,1760:2

62:1764:1565:21,22

66:2,6,7, 68:8,9,13,14,

21,23 69:7,22,23,24

70:4,5,10,1172:2,

73:3,14,1574:11

times 26:6,7 36:15

43;17,1844:8 73:16

timing 57:2,6,24

titled 23:18

today 76.4

today's 11:19

told 11:1743:1467:4

70:972:1275:23 76:4

top 18:22 25:7

topics 74:3,14,23

75:8

TOT 59:3

totally 38:8

touching 49:6

training 5:14 10:7,8,

10 25:22 26:1,14

travel 63;3

treat 71:16

treating 71:11,14,17

trial 16:1073;5,7,18,

19

true 8:4

turn 18;1820:12,14,

23,24 21 20 23 11,12,

16 33:22 34:1

turned 14:1 20.7 21:6

24:22 33:20,24 34:6,8

53:24 54:1 59:4

turning 20:18,24 21:2

24:16,1734:3

turns 54;4

Tyler 57:22

type 21:1623:933.5

typically 58:22

U

unable 40;16

unanswered 8:3

uncle 5:22

unconscious 56:17

unconsciousness

56:15,23

312 236 oo3o

377 633 o736

Fo„312 236 no6B

www.leneengggogon.eom

JENSEN

Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 29 of 30 PageID #:180
McDowell vs. Lansing

Michael Erasmo Rodriguez - 03/04/2013 Index: understand..Yonker

understand 4:19,22

5:1 48:2 53'23 60:4

64:1

unfounded 9:13,14

unhappy 9 2

uniform 18:5,7

wanted 72:21

watching 55:14

weapons 423

wearing 38:9

week 5:14

yelling 51:8

yellow 25:4,5

Yonker 31:1767:1,8

uniformed 4311 52 4

weight 15:13

unincorporated

28:19

unit 58:24 59:2

units 10:1563:1366:6

68:8,13

University 5:6

upgrade 19:6

upgraded 19:5

upset 61;2,4,5,11,14,

21

west 33:1337:16

53:3,4,6,7,10

wheeled 71:2

When's 73:3

white 29.24

whites 38:7

window 21:9

windshield 21:11,13

wise 5.8

withdraw 13:17

woman 48:14,15

women 37:21

vehicle 23:1020241 word 9

verbal 4:1841.1

verbally 5013

verify 42:20

version 1rc6

versus 6.5

victim 57:21 61:23

video 21:17

videotape 19:4

view 21:21 41:5,8

53:16,20

voice 61:18,20

volume 61:20

voluminous 13:4

worded 63;4

words 37:7,875:23

work 5:8,16,1923:8,

19 30:14

worked 5:118:8

working 5 3,10 22:7,

9,16 23:2,4 24:3 30:15

works 21:225:6

write 24:6,7 39:6

written 9:21

wrong 23:10

wrote 24:4

W

wait 4:21

waited 54:19

waive 76:8,9

walk 69:2

X26 24:11

year 26:12

years 26:13

312 236 o23o

377 o33 6736

F 312 236 ooofl

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Case: 1:12-cv-05025 Document #: 32-5 Filed: 07/29/13 Page 30 of 30 PageID #:181