Lopez v. Vidljinovic

Deposition of Stevan Vidljinovic

September 4, 2013

COUNTY COURT REPORTERS, INC.

600 S. COUNTY FARM ROAD

SUITE 200-B

WHEATON, IL 60187

Phone: 630.653.1622

Fax: 630.653.4119

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 1 of 144 PageID #:2477
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 1 to 4

1

1 IN THE UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF ILLINOIS

2 EASTERN DIVISION

3 JOSE LOPEZ, by his wife and next )

best friend, SANDRA CARDIEL, )

4 )

 Plaintiff, )

5 v. )No. 12-C-5751

 )

6 STEVAN VIDLJINOVIC, Star No. 4051, )Judge Harry D.

JOHN D. GUETTLER, Star No. 5174, )Leinenweber

7 JOSE VALDOVINOS, Star No. 11820, )

ANTONIO J. VALENZUELA, Star No. )

8 14123, MANUEL GONZALEZ, JR., Star )Magistrate Judge

No. 11733, ADRIAN VALADEZ, Star No.)Geraldine Soat

9 15777, ARMANDO ALAMILLO, Star No. )Brown

106912, JOSEPH DE MONICA, Employee )

10 No. 27496, DANIEL LOPEZ, Star No. )

3477, LUIS C. LUQUE-ROSALES, Star )

11 No. 15369, Supervising Sergeant )

MARK E. KEARNS, Star No. 1811, and )

12 Watch Commander ROBERT H. DUBIEL, )

Star No. 194, individually and in )Jury Demand

13 their official capacities as )

police officers for the CITY OF )

14 CHICAGO, ILLINOIS, a municipal )

corporation and a body politic, )

15

 Defendants.

16

17 THE DISCOVERY DEPOSITION OF

 OFFICER STEVAN VIDLJINOVIC

18 September 4th, 2013

 10:30 A.M.

19

20 Called as a witness by the Plaintiff

21 herein, pursuant to the provisions of the Federal Rules

22 of Civil Procedure pertaining to the taking of

2

1 depositions for the purpose of discovery, before GLORIA

2 APOSTOLOS SIOLIDIS, C.S.R., License #084-001205,

3 qualified and commissioned for the State of Illinois.

4

5 PRESENT:

6 JOHN P. DE ROSE & ASSOCIATES, by

 MR. JOHN P. DE ROSE and

7 MS. KAITLIN DE ROSE

 15 Spinning Wheel Road

8 Suite 428

 Hinsdale, IL 60521 and

9 CARONE LAW OFFICES, by

 MR. FRANCO N. CARONE

10 2227 North Mannheim Road

 Melrose Park, IL 60164

11

 appeared on behalf of the Plaintiffs.

12

13 CITY OF CHICAGO - DEPARTMENT OF LAW, by

 MR. JOSEPH M. POLICK and

14 MR. KEVIN R. GALLARDO

 30 North LaSalle Street

15 Suite 900

 Chicago, IL 60602

16

 appeared on behalf of the Defendant

17 Police Officers and Paramedics.

18

 CITY OF CHICAGO - DEPARTMENT OF LAW, by

19 MR. GEORGE J. YAMIN, JR.

 30 North LaSalle Street

20 Suite 900

 Chicago, IL 60602

21

 appeared on behalf of the City of

22 Chicago.

3

1 I N D E X

2

WITNESS: OFFICER STEVAN VIDLJINOVIC

3 Page No.

4 EXAMINATION BY: Mr. DeRose 4, 299, 305

5 Mr. Polick 290,304

6 E X H I B I T S

7 (Listed in order in which referenced in deposition.)

8 Page No.

9 Exhibit No. 2B 34

10 Exhibit No. 2G 43

11 Exhibit No. 2C 45

12 Exhibit No. 14B 73

13 Exhibit No. 14A 87

14 Exhibit No. 14C 98

15 Exhibit No. 10 145

16 Exhibit No. 11 149

17 Exhibit No. 12 158

18 Exhibit No. 20 174

19 Exhibit No. 21 176

20 Exhibit No. 6 224

21 Exhibit No. 7 240

22 Exhibit No. 51 268

4

1 MR. DE ROSE: Miss Reporter, would you please

2 swear in the deponent?

3 THE COURT REPORTER: Raise your right hand please.

4 (The oath was thereupon duly

5 administered to the witness

6 by the Notary.)

7 STEVAN VIDLJINOVIC,

8 Called as a witness by the Plaintiff herein, having

9 been first duly sworn, was examined and testified as

10 follows:

11 EXAMINATION

12 By: Mr. DeRose

13 Q Sir, would you please state your name for the

14 record?

15 A Stevan V-i-d-l-j-i-n-o-v-i-c.

16 Q Mr. Vidljinovic, I am going to try very hard

17 to always pronounce your name correctly. But if I fail

18 to do that in the deposition, you can either correct

19 me, but I hope you don't hold against me that I --

20 A I won't take offense.

21 Q That I'm having a little problem with it.

22 A That's fine.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 2 of 144 PageID #:2478
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 5 to 8

5

1 Q Officer, have you ever given a deposition

2 before in your experience?

3 A No, I have not.

4 Q I'm going to give you a little preamble of

5 what you can expect, because the law requires us to do

6 so. And if it covers matters that you and your lawyers

7 have already discussed together, just kind of bear with

8 me, because it's part of the record that we make in

9 this case.

10 We are going to take this deposition

11 according to all the Rules of the United States

12 District Court for the Northern District of Illinois,

13 the appropriate Rules of the Seventh Circuit Court of

14 Appeals and of the United States Supreme Court that

15 apply to the taking of depositions. We don't expect

16 you to know all those rules. That's why your lawyers

17 are here, to make sure that those rules are followed.

18 And sometimes to discuss those rules, they will

19 interject while you and I are talking together with a

20 word like objection. That does not mean you've done

21 anything wrong; that just means that they need to talk

22 with me about whatever question is on the table for

6

1 your consideration.

2 But no matter how they do it, if you hear

3 any one of your three lawyers here today start to talk,

4 you should immediately stop talking and give them an

5 opportunity to discuss with me whatever the problem is.

6 After that you should take your direction

7 from your lawyers as to whether you are to answer the

8 question. They are not here to be potted plants. They

9 want to help you. So you want to make sure to do that.

10 I have seen witnesses from time to time in

11 a deposition go that's all right, counsel, I'll answer

12 that question. It really kind of defeats what your

13 lawyers are here to help you with. So just follow

14 their lead on those matters.

15 With her machine there, the court reporter

16 has the ability to take down verbatim everything you

17 might have to say.

18 By the way, have you ever given a

19 deposition before?

20 A No, I have not.

21 Q All right. Well, with that machine, it's

22 like in a courtroom when you're called to testify. The

7

1 reporter can take down verbatim everything that anybody

2 says in this room. She has some important limitations

3 though. First of all, she can only take down people

4 she can hear. So you've got to keep your voice up

5 loudly and clearly so she can hear you at all times.

6 Secondly, she can only take us down one

7 speaking at a time. And if I'm trying to ask one of my

8 brilliant questions and you're trying to answer the

9 question at the same time, she ends up picking and

10 choosing which one of us to take down. And that is

11 neither fair to me trying to sound like I can ask full,

12 complete, intelligent questions, nor is it fair to you

13 trying to sound like you can answer full, complete and

14 intelligent answers.

15 I'm going to try to practice what I preach

16 and not interrupt you when you're answering a question.

17 But there are occasions when I raise my hand and say

18 stop, stop, stop. I've heard enough in answer to my

19 question. Now, if I do that to you, you have the right

20 to say but I was not finished with my answer. I will

21 allow you to say that.

22 Your attorneys are making notes while we

8

1 talk here and they will be allowed to follow up with

2 any question I ask at a later time. But sometimes for

3 their own purposes and reasons, they decide they don't

4 want to follow up with any questions. And so if that

5 occurred and they didn't follow up on that question you

6 weren't finished on, at least the record will show that

7 you had some more to say about the particular question

8 if this transcript is ever written up for use in other

9 proceedings.

10 In the course of this deposition, Officer,

11 we do not want you to guess, because you are the first

12 of many people to be deposed in this case, and if you

13 give us a guess to an answer and we ask another

14 deponent a same or similar question and they come up

15 with a very different answer, lawyers have very

16 suspicious minds, and we'll assume somebody was lying.

17 But the truth of the matter is nobody lied, it's just

18 somebody guessed and didn't tell us they were guessing.

19 So that serves us no purpose. You want to guard

20 against that.

21 If you don't know an answer to a question,

22 there's no harm in saying I don't know. If you think

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 3 of 144 PageID #:2479
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 9 to 12

9

1 it was something you did know and have since forgotten,

2 you can tell us I don't remember or I've forgotten.

3 And that is all fine.

4 We do not mean this to be a trial by

5 ordeal. We will take periodic brakes to rest the

6 fingers of this court reporter. She's the only one

7 really working here today. But if we have not taken a

8 break soon enough to accommodate your own personal

9 needs, such as a need to make a telephone call or just

10 to refresh yourself, let us know and we'll interrupt

11 the proceedings and give you an opportunity to

12 accomplish whatever you need during that recess.

13 You have a right at all times to consult

14 with your lawyers. And we jealously guard that right

15 to do so. All I ask is if there's a question on the

16 table, that you try to answer that question before we

17 break for that private consultation that you will have

18 with your lawyers. And if you say I can't answer the

19 question and I still want to talk to my lawyers, very

20 well. We're going to interrupt.

21 Is all of that clear?

22 A Yes.

10

1 Q Because of the jointed way in which I talk to

2 you, I might not have covered everything, but -- oh, I

3 know another thing. When you mean an affirmative

4 answer, we want you to use a word like yes or correct.

5 When you mean a negative answer, we want you to use a

6 word like no or wrong. We don't want you to use sounds

7 like uh-huh, uh-uh. I don't know what the reporter

8 just took down regarding those sounds, but we have a

9 lot of things to argue about in this case. The lawyers

10 don't want to argue about that. No matter how hard you

11 shrug your shoulders or shake your head, we don't get

12 enough sound out of that to take down a record. So you

13 can be demonstrative and also nod in any direction or

14 make body gestures, as long as you be sure to accompany

15 that with actual verbal answers.

16 Is all that clear?

17 A Yes.

18 Q All right. Thank you.

19 Sir, by whom are you employed?

20 A The City of Chicago.

21 Q And what is your occupation?

22 A I'm a police officer.

11

1 Q And how long have you been a police officer

2 for the City of Chicago?

3 A Just over five years.

4 Q I take it your rank is still patrolman at

5 this point?

6 A Yes.

7 Q And that is the only rank you've had so far,

8 correct?

9 A Yes.

10 Q Where did you receive your training to be a

11 Chicago Police Officer?

12 A At the Chicago Police Academy.

13 Q And that was before you actually started your

14 tours of duty as a Chicago Police officers?

15 A Yes.

16 Q Then you went through a probationary period

17 with the Department?

18 A Correct.

19 Q And how long was that probationary period?

20 A Including the academy?

21 Q Yes.

22 A 18 months.

12

1 Q So for the last three and-a-half years you

2 have been a fully-qualified Chicago Police Officer; is

3 that correct?

4 A Just over three and-a-half years, yes.

5 Q And how many different districts have you

6 been assigned to?

7 A I've only been assigned to one.

8 Q And is that the 10th Police District?

9 A Yes.

10 Q And I would take it you have never been

11 subjected to any kind of discipline as a police officer

12 for the City of Chicago?

13 MR. POLICK: Objection to the relevance, but you

14 can answer over the objection.

15 THE WITNESS: I have.

16 BY MR. DE ROSE:

17 Q You have been? What was the nature of the

18 discipline, the kinds of things that you have been

19 disciplined for?

20 MR. POLICK: Again, I'm going to object on the

21 grounds of relevance. And to expedite matters, I'll

22 make a continuing objection on the grounds of relevance

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 4 of 144 PageID #:2480
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 13 to 16

13

1 to any questioning regarding discipline of this

2 officer. You can answer over the objection.

3 MR. YAMIN: And I object as to form.

4 THE WITNESS: I was disciplined when I was

5 notified for court and I did not have the proper

6 uniform, proper attire, and I was disciplined by a

7 Supervisor when I worked in the 10th District by

8 mistakenly discharging a Taser.

9 BY MR. DE ROSE:

10 Q And who was the Supervisor who disciplined

11 you for that second event?

12 A It was Lieutenant Serb (sic) is the one that

13 created the CR Report.

14 Q And can you tell us approximately when that

15 was?

16 A I don't recall approximately when it was.

17 Q When you discharged your Taser, did you

18 actually strike a person?

19 A No, I did not.

20 Q All right. So you discharged it accidentally

21 under what kind of circumstances?

22 A The protocol is before you take a Taser out,

14

1 you test it and you point it to the ground so that

2 nobody else will be harmed in the event that there was

3 an accidental discharge. So I pointed it to the ground

4 and it discharged into the ground.

5 Q And no one was injured in any way because of

6 that?

7 A No, they were not.

8 Q And approximately how long ago was that?

9 A Approximately almost two years ago,

10 approximately. I'm not sure about the time.

11 Q Did you receive any kind of a suspension or

12 discipline as a result of this?

13 A I believe it's still pending.

14 Q Now, when did you receive your training for

15 the use of the Taser?

16 A Approximately, I would say two and-a-half

17 years, three years ago.

18 Q It was after you completed your initial

19 assignment in the Police Academy to become an officer?

20 A It was completed after my initial

21 probationary period, so it was after 18 months.

22 Q So did you go back to the Police Academy or

15

1 somewhere else?

2 A I went to another location for in-service

3 training.

4 Q And where was that?

5 A Near north.

6 Q And is that a branch of the Chicago Police

7 Department, or a private institution?

8 A No, it's a branch of the Chicago Police

9 Department; the tactical unit, the tactical and

10 training unit, that is their location.

11 Q And how long was your training on the use of

12 the Taser at that time?

13 A I believe it was only one day.

14 Q A full day?

15 A Eight hours.

16 Q And were there other Chicago police officers

17 in attendance at that eight-hour training session?

18 A Yes.

19 Q Were there officers from other departments

20 who were not with Chicago also in attendance?

21 A I can't recall that.

22 Q All right. Were you in uniform when you were

16

1 receiving that training at the near north -- do they

2 call it the Near North Academy or anything?

3 A Training location.

4 Q All right. At the Near North training

5 location --

6 MR. DE ROSE: I forgot what I asked. Would you

7 read it back, please?

8 (The question was so read

9 by the court reporter.)

10 THE WITNESS: I don't remember.

11 BY MR. DE ROSE:

12 Q Do you remember the name of your training

13 instructor?

14 A I do not.

15 Q Was it a male or female?

16 A It was a male.

17 Q Was it only one person who trained you, or

18 were there several different instructors?

19 A There were at least two.

20 Q And they were both males?

21 A Yes.

22 Q Did you know the rank or did you refer to

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 5 of 144 PageID #:2481
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 17 to 20

17

1 them as lieutenant or sergeant, the people who were

2 training you?

3 A I don't recall.

4 Q Have you ever seen the people who trained you

5 again after that one-day training?

6 A I don't recall who it was, so I can't answer

7 that.

8 Q Did you receive any kind of testing during

9 that one-day training by your instructors to see how

10 you were grasping what they were teaching?

11 A Yes.

12 Q Was it written testing or verbal testing

13 only?

14 A It was a written test, as well as a scenario.

15 Q All right. The written test, was it a rather

16 lengthy or rather short written test?

17 A I don't recall.

18 Q Were you given a grade at the end of that

19 testing?

20 A I don't recall if it was a grade or just

21 pass/fail. I'm not sure.

22 Q Were there other attendees at the training

18

1 session who you came to know did not pass the training

2 program?

3 A I don't recall.

4 Q All you know is you passed?

5 A Correct.

6 Q And after you passed that training, were you

7 given some kind of a certificate?

8 A I believe so.

9 Q And it was given to you personally to keep,

10 and a copy you believe went into your personnel file?

11 A Correct.

12 Q And subsequent to that --

13 By the way, prior to that training, you

14 had not ever been allowed to carry a Taser with you as

15 part of your uniform on your utility belt?

16 A Correct.

17 Q Subsequent to being advised that you

18 successfully completed that training, did you add a

19 Taser to your utility belt?

20 A When a Taser was available, yes.

21 Q All right. So there were days when you would

22 go about your assignments for the City of Chicago

19

1 without being armed with a Taser?

2 A Every district was allotted a certain amount

3 of Tasers, so when I would start my tour, sometimes

4 none were available for me to take.

5 Q So there would be other officers on your tour

6 who would be armed with Tasers on those occasions?

7 A On my tour or the tour preceding mine.

8 Q But on your tour there was always some

9 officer or officers who were armed with Tasers?

10 A Yes.

11 Q Do you remember how many Tasers were

12 available in the 10th District over the approximately

13 three years that you have been one of the officers

14 using it?

15 MR. POLICK: Object to the relevance, but you can

16 answer.

17 THE WITNESS: In the ballpark of a dozen.

18 BY MR. DE ROSE:

19 Q And do you have to sign out the Taser that

20 you're going to use at the beginning of your tour of

21 duty?

22 A Yes.

20

1 Q And there's a number on the Taser gun that

2 you record somewhere?

3 A Yes, there's a model number.

4 Q And where do you keep the record of what

5 model number you have on a particular date? What kind

6 of a record is that?

7 A There's a clipboard in the room where the

8 Tasers are stored and you fill those out, and I believe

9 the Watch Secretary, after that page is finished, will

10 give it to whichever Supervisor is there at the time.

11 Q All right. Are you told at the beginning of

12 the shift by your Shift Supervisor or your Watch

13 Commander whether you're going to be one of the

14 officers who is going to be equipped with a Taser on

15 that particular shift?

16 A No. Nobody is designated a Taser for any

17 particular shift. You go there; if there's one

18 available and you want to take it you out, you take it

19 out.

20 Q So after your roll call you go in and check

21 and see if there are any Tasers available?

22 A Correct.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 6 of 144 PageID #:2482
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 21 to 24

21

1 Q And I take it by your earlier answers, there

2 have been occasions when you went in before your tour

3 of duty started to see if there were any Tasers

4 available, and there just weren't any?

5 A Correct.

6 Q Do you notify your Watch Commander when you

7 are not able to arm yourself with a Taser?

8 A No. It's up to you; if the next shift comes

9 and finishes their tour of duty, they place their Taser

10 back, you can then come into the station and sign out

11 the Taser.

12 Q All right. I'm going to come back to some of

13 your training later.

14 A Okay.

15 Q But I want to start with the date of this

16 event. And I want to start you out with July 22nd,

17 2011. Do you have some recollection of your work that

18 day?

19 A Yes.

20 Q All right. What shift were you working?

21 A I was working the Midnight shift.

22 Q And what are the hours of operation of the

22

1 Midnight shift?

2 A Anywhere -- I don't know whether our schedule

3 changed at that time or if it was something after, but

4 I knew we'd start between 9:00 and 10:30 to 6:00,

5 7:30 in the morning.

6 Q And you are assigned to a particular squad

7 car?

8 A I was. Yes, I was personally signed to a

9 particular squad car.

10 Q And was it a two-man squad car?

11 A Yes, it was.

12 Q And who was your partner?

13 A Officer Guettler, G-u-e-t-t-l-e-r.

14 Q Had you ever worked with Officer Guettler

15 before the 22nd of July, 2011?

16 A Yes.

17 Q Was he your regularly-assigned partner?

18 A Yes.

19 Q Approximately for how long prior to that

20 time?

21 A I believe it was only for a matter of months.

22 Q And did he continue to be your partner after

23

1 the 22nd of July for additional months?

2 A Yes.

3 Q So all total, is he still your partner?

4 A No.

5 Q All right. How long were you and Officer

6 Guettler partners?

7 A Approximately two years, maybe.

8 Q Did the two of you rotate and exchange the

9 obligation of driving the squad car, or did one of you

10 always drive it and the other one always sit in the

11 shotgun seat?

12 A No, we always rotated.

13 Q Approximately each day, or parts of the

14 particular shift?

15 A Normally every other day I would drive.

16 Q Do you remember if you were the driver or the

17 one in the shotgun position on the 22nd of July, 2011?

18 MR. POLICK: Objection to the form. You can

19 answer.

20 THE WITNESS: I do not recall.

21 BY MR. DE ROSE:

22 Q And when one is not the driver, when you have

24

1 the non-driving responsibility, are you the one who

2 will answer any calls from dispatch?

3 A That varies.

4 Q So even the driver may occasionally do that?

5 A Correct.

6 Q On the 22nd of July, what was the squad car

7 you were driving? Was it a regularly-assigned car, or

8 any car that's in the lot?

9 A Regularly-assigned car.

10 Q And what is its number?

11 A I don't recall.

12 Q And so it had been a car that you were

13 familiar with for a period of time before that?

14 A We have used it before, yes.

15 Q All right. Do you fill out some kind of a

16 form at the beginning of your shift that identifies the

17 particular squad car you are driving?

18 A Yes.

19 Q Now, I noticed that you were beat, I believe

20 it is 1011R; is that correct?

21 A That is correct.

22 Q And that will identify a particular vehicle

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 7 of 144 PageID #:2483
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 25 to 28

25

1 in the 10th District that you were driving that night

2 or riding in that night?

3 A I know that we were driving a Crown Vic

4 vehicle.

5 I misunderstood you when you asked me

6 earlier. When you said regular, I thought you meant

7 regular as in a blue and white, or another one as in an

8 unmarked. I'm sorry. Yes, we were in a marked

9 vehicle.

10 Q But I can try to focus in on your particular

11 vehicle. Is there a record that will tell us what that

12 particular vehicle is?

13 A Yes. There's an A & A that shows what

14 vehicle you take out on any given date.

15 Q So when we see a beat number assigned to your

16 records in this case of 1011R, that will not

17 necessarily identify that vehicle?

18 A It will just give you a number; it will not

19 specify what kind of vehicle.

20 Q In the 10th District there are squad cars

21 that are assigned with video/audio equipment on them

22 when you make stops, are there not?

26

1 A Yes.

2 Q And if I understand it, the way the video/

3 audio equipment works is when you activate your

4 emergency or MARS light equipment, the video/audio

5 automatically goes into operation, correct?

6 A Correct.

7 Q Have you ever been assigned to a squad car in

8 the 10th District that had video/audio equipment?

9 A Yes.

10 Q Can you tell us how many squads in the 10th

11 District have that kind of equipment?

12 A I cannot.

13 Q Are there several?

14 A I don't know any more. At the time that

15 we're speaking of there were a few.

16 Q And at the time we're speaking of, had you

17 and your partner, Officer Guettler, occasionally driven

18 such a car?

19 A Yes.

20 Q Do you know if on the 22nd of July, 2011 the

21 Crown Victoria that you were driving was equipped with

22 that equipment?

27

1 A I don't recall.

2 Q As I understand it, every shift was to have

3 the maximum number of video/audio equipped squad cars

4 in operation on the shift. Is that your understanding?

5 MR. YAMIN: Object to form.

6 MR. POLICK: Join. You can answer.

7 THE WITNESS: Whatever vehicle that was available

8 for us at the beginning of our shift is a vehicle that

9 we can take out. That doesn't necessarily mean that

10 they were equipped with audio equipment in there.

11 BY MR. DE ROSE:

12 Q Would you say as many as half of the 10th

13 District squad cars were at the time of July, 2011

14 equipped with audio/video equipment?

15 MR. YAMIN: Objection to foundation.

16 MR. POLICK: Join. You can answer over the

17 objection.

18 THE WITNESS: Again, I can't give you a specific.

19 I know that there were a few. I don't know

20 approximately how many.

21 BY MR. DE ROSE:

22 Q But less than half of the vehicles, you

28

1 believe?

2 MR. YAMIN: Same objection.

3 MR. POLICK: Join in the foundation. Objection.

4 You can answer.

5 THE WITNESS: I do not know. I don't know if it

6 was more than half or less. There were a few.

7 BY MR. DE ROSE:

8 Q Would you make a record when you start your

9 shift if you had a squad car that was equipped with

10 audio/video equipment?

11 A Yes.

12 Q So there would be some kind of a record of

13 whether your vehicle had such equipment, correct?

14 A Correct.

15 Q And when you start your shift, are you

16 supposed to test that equipment to make sure it's

17 operational before you take your vehicle out?

18 A Yes.

19 Q How do you test it?

20 A You turn on the monitor that is inside, make

21 sure that the lens, the actual monitor is not cracked.

22 You check the recording device that you can put on your

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 8 of 144 PageID #:2484
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 29 to 32

29

1 vest or leave on the inside to make sure that they are

2 working properly just by turning them on and off. And

3 then if there's any footage prior to the shift before

4 you start, you download that footage so that you have

5 additional footage that if it needs to be recorded

6 while you are on your tour of duty.

7 Q And if you find the particular audio/video

8 equipment on the unit you're working with to be

9 malfunctioning, you must immediately report that to

10 your Supervisor or Watch Commander, is that right?

11 A You would report it to your immediate

12 Supervisor.

13 Q Do you remember who your immediate Supervisor

14 was on 22nd July, 2011?

15 A It was Sergeant Kearns.

16 Q Had you worked with Sergeant Kearns before?

17 A No. He was an acting sergeant from another

18 district that night.

19 Q Do you know from what district he was

20 working?

21 A The Eleventh District, just north of the 10th

22 District.

30

1 Q Had you ever worked with Sergeant Kearns

2 before that night?

3 A He was never my immediate Supervisor, no.

4 Q Do you know why he was, for lack of a better

5 word, on loan from the Eleventh District to be the

6 Supervisor of your shift that night?

7 MR. POLICK: Objection to the foundation. You can

8 answer over the objection.

9 THE WITNESS: Any number of reasons. Our

10 sergeants might have been on furlough and then we would

11 borrow one from another district. That's probably the

12 more general reason.

13 BY MR. DE ROSE:

14 Q All right. Did Sergeant Kearns conduct your

15 roll call that evening before you went out on your tour

16 of duty?

17 A Usually it's the Watch Commander that would

18 conduct the roll call. I do believe Sergeant Kearns

19 was present though.

20 Q And the Watch Commander on the 22nd of July,

21 2011 was who?

22 A Lieutenant Dubiel.

31

1 Q And spell his name.

2 A D-u-b-i-e-l.

3 Q Did you yourself speak up at all during the

4 roll call or the preparation for your tour of duty

5 about any topic?

6 MR. YAMIN: Objection to form.

7 MR. POLICK: Join. You may answer.

8 THE WITNESS: I don't recall.

9 BY MR. DE ROSE:

10 Q Do you remember whether Lieutenant Dubiel

11 gave you any special instructions in that roll call

12 meeting before you went out on your tour?

13 A I don't recall.

14 Q Was the beat assignment that you got that

15 night, was it confined to a particular geographic area?

16 A Yes.

17 Q What was the geographic area?

18 A The geographic area to our beat, which is

19 1011, is Roosevelt to 15th Street are the north and

20 south borders. The west border stretches as far as

21 Kenneth. And the eastern border stretches to Central

22 Park.

32

1 Q Give me one second.

2 Had you ever been assigned to that

3 particular geographical area before that night?

4 A Yes.

5 Q Was that your regularly-assigned geographical

6 area?

7 A Yes.

8 Q And I take it already by that night Officer

9 Guettler had been your partner for a few months, so he

10 had also familiarity with that particular geographic

11 area?

12 A Officer Gutrey, yes.

13 Q I'm sorry. What did I call him?

14 A Gutrey.

15 Q And I'm not doing that to confuse you. You

16 correct me when I mispronounce.

17 A That's fine.

18 Q All right. And you started your tour of duty

19 actually on the street in that geographical area about

20 what time?

21 A After roll call, roughly around 9:30.

22 Q So you're out on the street by 9:30?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 9 of 144 PageID #:2485
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 33 to 36

33

1 A Around that time, 9:30.

2 Q And your plan will be to keep your tour of

3 duty until about 6:00 A.M.?

4 A Correct.

5 Q And that means you'll be on the street from

6 9:30 to 6:30 A.M., unless any kind of an emergency

7 occurs?

8 A Well, we were assigned --

9 MR. YAMIN: Objection to the form.

10 MR. POLICK: Join. You may answer.

11 THE WITNESS: We were assigned nine-hour days. So

12 we had a half-hour lunch and the tour of duty usually

13 ended around 6:00.

14 BY MR. DE ROSE:

15 Q All right. Now, your broadcast equipment is

16 tuned in at all times to the Chicago Emergency Dispatch

17 Network?

18 A Yes.

19 Q While you're riding in your car?

20 A Yes, all the time.

21 Q And you can hear all the dispatches that are

22 being made by the Chicago Dispatch Center?

34

1 A Only the Chicago Police side.

2 Q So if a 911 dispatcher is communicating to

3 the Chicago Fire Department, those kind of messages are

4 not overheard on your equipment?

5 A No, they are not.

6 Q All right.

7 MR. DE ROSE: Now guys, the numbers that I am

8 going to assign to these exhibits will be the same in

9 every depositions. And for my purposes, the particular

10 numbers will be used throughout any proceedings, even

11 in trial. So we don't have to kill too many trees. If

12 you can bring them back, I'd appreciate it. Otherwise,

13 we'll make sure we have a copy for you at every

14 deposition.

15 MR. POLICK: Okay.

16 MR. YAMIN: Thank you.

17 BY MR. DE ROSE:

18 Q All right. I want you first to look at

19 Exhibit 2B, and that is a Chicago Police Department

20 Event Query. Have you ever seen this document before,

21 Officer?

22 A Yes.

35

1 Q And it looks like the address of occurrence

2 that this Query concerned is 2451 South Albany Avenue.

3 Do you see that?

4 A Yes.

5 Q And that is an area in the geographical area

6 that you and your partner were assigned to that night?

7 A No.

8 Q All right. How far over is your geographical

9 beat assignment from this address?

10 A That's closer to Cermak and Albany, and we're

11 by, the closest point is Central Park and 15th. So not

12 very close.

13 Q All right. And it looks like the 911

14 dispatcher received this call on the 22nd of July at

15 03:21 hours, 3:21 in the morning. Do you see that?

16 MR. POLICK: I'll object to the foundation,

17 because you have not established he created this

18 document. But you can go ahead and answer the

19 question.

20 THE WITNESS: From reading this particular

21 document, it shows that the call did come in at

22 03:21 hours in the morning.

36

1 BY MR. DE ROSE:

2 Q All right. And you did not prepare this

3 document, did you?

4 A No, I did not.

5 Q All right. But you will from time to time in

6 your practice as a police officer, you do see these

7 kind of Event Queries, don't you?

8 A Yes.

9 Q All right. Now, then it indicates that the

10 dispatcher entered this information into its system at

11 3:27 in the morning. Do you see that?

12 MR. POLICK: Again, I'll object to the foundation,

13 but you can answer over the objection.

14 THE WITNESS: I don't know the protocol on how

15 they enter information. All I see is that at 3:27 the

16 activity shows entry.

17 BY MR. DE ROSE:

18 Q You don't know if that means that

19 communication came over the Chicago Police Department

20 radios at that time, talking about this event?

21 A I do not know.

22 Q All right. And then at the same time they've

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 10 of 144 PageID #:2486
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 37 to 40

37

1 got an abbreviation there of further activity of ADVD.

2 Do you know what that means?

3 MR. POLICK: Again, object to the foundation. You

4 may answer.

5 THE WITNESS: I do not.

6 BY MR. DE ROSE:

7 Q All right. And then again at the same hour

8 it looks like they make some remarks that there was a

9 wireless call, Spanish 9359, of a 40-year old male

10 having chest pains. And NFI, I suppose means no

11 further information.

12 When you read this document, did you know

13 how to interpret these particular entries?

14 MR. POLICK: Again, I'm going to object to the

15 foundation, first as to when he first saw the document,

16 and then again because he did not prepare this

17 document, there's no foundation for the answer. So you

18 may answer over those objections though.

19 THE WITNESS: I know some of the terminology

20 that's used because it's used the same for when we get

21 a job dispatched to us in particular. Like NFI does

22 mean no further information.

38

1 Other than the wireless call and Spanish

2 on the document, I don't know how it's prepared.

3 BY MR. DE ROSE:

4 Q All right. Do you know what the numbers 9359

5 after the word Spanish mean?

6 MR. POLICK: Again, I object to the foundation.

7 You may answer.

8 THE WITNESS: I do not.

9 BY MR. DE ROSE:

10 Q All right. But in any event, at some time

11 that morning, do you remember hearing over the air

12 before you had any involvement in the case a

13 communication that there was a 40-year old male having

14 chest pains at 2451 South Albany Avenue?

15 MR. POLICK: Object to the foundation. You may

16 answer.

17 THE WITNESS: I don't recall.

18 BY MR. DE ROSE:

19 Q Do you monitor all calls or kind of have your

20 ear attuned to hear a call concerning your beat car

21 that you obviously do listen very carefully to?

22 MR. YAMIN: Objection, form.

39

1 MR. POLICK: Join in the objection. You may

2 answer.

3 THE WITNESS: All calls are classified with

4 priority. If it's directed towards my beat, we respond

5 to that call. If it's somewhere within the parameters

6 of our beat; for example, if a police officer needs

7 assistance, we'll respond to that call. Geographic

8 limitation doesn't come into play then.

9 BY MR. DE ROSE:

10 Q But I know that the dispatchers are kind of

11 talking on the air just about your entire shift, aren't

12 they?

13 MR. POLICK: Object to the form. You may answer.

14 MR. YAMIN: Same.

15 THE WITNESS: Depending on how busy that night is

16 is how frequent the dispatchers talk over the radio.

17 BY MR. DE ROSE:

18 Q And when they are talking almost incessantly

19 and it is not about matters that concern your beat or

20 close proximity to your geographic area, is it fair to

21 say you gentlemen are trained to kind of tune it out

22 until you hear something that's close to your area?

40

1 MR. YAMIN: Objection to form.

2 MR. POLICK: Same objection. You may answer.

3 THE WITNESS: That's incorrect.

4 We listen to the radio. And like I said,

5 every job is classified with a level of priority. And

6 if that level of priority garners us to go and assist

7 another police officer, or if it's surrounding our beat

8 and we can help out, especially if it's busy, we will

9 go.

10 BY MR. DE ROSE:

11 Q All right. In looking at Exhibit 2B, that

12 does not tell you how this initial call was being

13 classified; is that correct?

14 MR. POLICK: Again, object to the foundation. But

15 you may answer.

16 THE WITNESS: Well, on the document it shows a

17 priority 1A.

18 BY MR. DE ROSE:

19 Q I'm sorry, I don't know. Where are you

20 looking?

21 A Between the date and DG, which I believe is

22 district given, it says PRI which stands for priority,

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 11 of 144 PageID #:2487
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 41 to 44

41

1 and 1A which is the highest priority.

2 Q So it was a high priority event, right?

3 A Correct.

4 Q So if this communication went over the air at

5 3:21 in the morning, this being of the highest priority

6 and it looks like it's an area in the geographic

7 location immediately next to your area, were you paying

8 particular attention to the information that will go on

9 concerning this?

10 MR. POLICK: Object to the form. It's a

11 hypothetical. And to foundation. You may answer.

12 MR. YAMIN: Join in those objections.

13 THE WITNESS: Regarding this particular exhibit in

14 front of me, this particular call, it looks like it was

15 dispatched to a fire, a Chicago fire. For station I

16 would say an ambulance or an engine. I don't recall at

17 this particular call. And it was not in my immediate

18 area.

19 BY MR. DE ROSE:

20 Q All right. So although it says Chicago

21 Police Department, from what you're reading here, this

22 would have been, because we see a CFD 112030210, that

42

1 this was a call that probably didn't even go over your

2 communications network at the time; is that correct?

3 MR. POLICK: Again, object to the foundation, but

4 you may answer.

5 THE WITNESS: Again, I don't know how they

6 dispatched the calls and the terminology that's used.

7 What I can see on this particular Exhibit 2B is that

8 the only person I see receiving the call is CFD. I see

9 no mention of CPD.

10 BY MR. DE ROSE:

11 Q All right. Well, we see a service beat right

12 over from the priority and that's 1033. That's a squad

13 car in the 10th District, isn't it?

14 MR. POLICK: Again, object to the foundation. You

15 can answer.

16 THE WITNESS: I don't know if they just mean if

17 that's just a particular beat that the occurrence is

18 happening. I don't know whether that's a dispatch to

19 that particular squad car.

20 BY MR. DE ROSE:

21 Q All right. And who was manning squad car

22 1033, I believe it was 1033R that night?

43

1 A 1033 Robert was manned by Officer Alamillo.

2 I might mispronounce his name. It's A-l-a-m-i-l-l-o.

3 And also Officer Valdovinos, V-a-l-d-o-v-i-n-o-s.

4 Q Had you ever worked on the same beat with

5 those two officers prior to July 22nd?

6 A Normally only two people are assigned to

7 beats. So to my recollection, I have never worked with

8 them on a beat.

9 Q I guess I mean had you ever worked with them

10 on the same shift prior to that event?

11 A Yes.

12 Q Were they regularly following the same kind

13 of a shift pattern as you were as of July 22nd, 2011?

14 A I can't speak for them. I don't recall.

15 MR. YAMIN: Objection, foundation.

16 MR. POLICK: The answer can stand. Same

17 objection.

18 MR. DE ROSE: Kaitlin, would you give them Exhibit

19 2G?

20 MR. POLICK: John, before you get to that exhibit,

21 can we take a short bathroom break?

22 MR. DE ROSE: Of course.

44

1 MR. POLICK: Thank you.

2 (There was a break taken, after

3 which the deposition was resumed

4 as follows:)

5 BY MR. DE ROSE:

6 Q Officer, looking at 2B and that priority of

7 1A, it looks like it's a call about a 40-year old male

8 having chest pains. Do you know why they gave that a

9 high priority?

10 MR. POLICK: Again, object to the foundation. He

11 did not prepare this document. You can answer over the

12 objection.

13 THE WITNESS: Again, I don't know why they

14 particularly gave this particular document a 1A. I

15 don't prepare it. And there's a call-taker that

16 decides who should be dispatched to call.

17 BY MR. DE ROSE:

18 Q All right. Now I want you to look at this

19 2G. Now this is again a Chicago Police Department

20 Event Query, and now they've got that same 1A priority

21 on this document. Do you see it?

22 A I do.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 12 of 144 PageID #:2488
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 45 to 48

45

1 Q All right. So it appears that the Chicago

2 Police Department actually put that in their system as

3 a high priority?

4 MR. POLICK: Again, object to the foundation. You

5 may answer.

6 THE WITNESS: Again, I don't know how they prepare

7 it. Both documents look the same.

8 BY MR. DE ROSE:

9 Q But if you look down under the service beat,

10 it says occurrence beat 1033 and service beat 1033. So

11 this is a priority for the police department also, if

12 you know?

13 MR. POLICK: Again, object to the foundation. You

14 may answer.

15 THE WITNESS: I do not know.

16 BY MR. DE ROSE:

17 Q All right. Let's go back to Exhibit 2C.

18 And when we're done, Officer, you'll give

19 all your exhibits, you just make a stack of them, to

20 the court reporter. The lawyers are going to keep

21 theirs. They've got their copy. And I will talk to

22 you about it.

46

1 A Understood.

2 Q Now, did you review this particular Event

3 Query at any time in your life before today?

4 A Yes.

5 Q Now, this is clearly an Event Query that is

6 going over the police dispatch ban that you're

7 receiving in your squad car?

8 MR. POLICK: Again, object to the foundation, but

9 you can answer.

10 THE WITNESS: Again, I don't know how they prepare

11 it, but from looking at this exhibit, it looks like

12 it's directed towards police.

13 BY MR. DE ROSE:

14 Q All right. And you'll see at the top, again,

15 it's priority 1A, right?

16 A Correct.

17 Q And DG must be district. What's the G for?

18 MR. POLICK: Again, object to the foundation. You

19 may answer.

20 THE WITNESS: Again, I don't know. I can only

21 speculate that it stands for district given which is

22 the 10th.

47

1 BY MR. DE ROSE:

2 Q And that is your district, right?

3 A That is the district I was working that

4 night, yes.

5 Q And it says service beat 1033, and then

6 disposition or DISP. What does that stand for?

7 MR. POLICK: Again, object to the foundation. You

8 may answer.

9 THE WITNESS: From my experience, every dispatcher

10 gives a disposition for every call that they dispatch

11 out to the police officers.

12 BY MR. DE ROSE:

13 Q All right. Can you tell from this document

14 who is the dispatcher who is making these entries?

15 A No, I can't. From this document it looks

16 like it's at least two different dispatchers.

17 Q And where are you picking up the identifica18 tion of the two dispatchers?

19 A Well, if you look at the event chronology,

20 you have a column labeled date. Next to it is

21 activity. Next to it is work station. Work station is

22 where you find the dispatcher work station. Police

48

1 Department 41 and Police Department 40 are our

2 dispatchers for our zone.

3 And then there's actually a third one that

4 I recognize just by knowing the terminology that Fire

5 Department 87 is the initial work station.

6 Q So let's go down to Police Department 41 and

7 40. The first time we see it, it looks like the

8 dispatcher put out a call at 3:39. Do you see that?

9 MR. POLICK: Again, object to the foundation. You

10 can answer.

11 BY MR. DE ROSE:

12 Q To the 10th District?

13 A Again, I don't know how they prepare it and

14 when they receive the calls and when they dispatch

15 them, if the times are correct. But from just looking

16 at Exhibit 2C at 3:39, it looks like the call was

17 dispatched by PD41.

18 Q And if that's so, the Fire Department had

19 been dispatched, by the documents we looked at earlier,

20 at least 10 or 15 minutes earlier, weren't they?

21 MR. POLICK: Again, object to the foundation. You

22 may answer.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 13 of 144 PageID #:2489
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 49 to 52

49

1 MR. YAMIN: Same objection.

2 THE WITNESS: I don't recall when the fire was

3 dispatched and how they were dispatched, just because I

4 don't know the workings of being an OEMC dispatcher.

5 All I can tell you is that from reading this document,

6 that at 3:39 a police dispatcher 41 did dispatch the

7 call to a police officer.

8 BY MR. DE ROSE:

9 Q And that officer was on beat 1033R, and those

10 were the two officers you identified earlier as -- who

11 were they again?

12 A Officer Alamillo and Officer Valdovinos.

13 Q All right. When they get dispatched at that

14 point, can you hear that they are being dispatched?

15 A Yes. Normally you can hear when a police

16 officer is dispatched to a job.

17 Q Do you remember what kind of a response they

18 made when they got dispatched?

19 MR. POLICK: Again, object to the foundation. You

20 may answer.

21 THE WITNESS: I can't speak for Officer Alamillo

22 or Valdovinos.

50

1 BY MR. DE ROSE:

2 Q All right. But it looks like they

3 acknowledged the call just seven seconds later, do you

4 see that, at 3:39 and .18 seconds?

5 MR. POLICK: Object to the foundation. You may

6 answer.

7 THE WITNESS: Again, I don't know how this

8 document is prepared, but just by reading it, an

9 activity of acknowledgment is shown at 3:39 by beat

10 1033 Robert.

11 BY MR. DE ROSE:

12 Q Do you remember hearing that acknowledgment

13 that night?

14 A I don't recall hearing the acknowledgment.

15 Q All right. Now let's look just a little bit

16 further. About two minutes later, it looks like beat

17 1033R made a request over the police radio. Do you see

18 that?

19 A Yes, I do.

20 Q All right. Now, had you heard anything going

21 over the radio during those intervening two minutes

22 from 3:39 to 3:41 that you remember at all?

51

1 A I don't recall.

2 Q All right. And he put in, that beat 1033 put

3 in a request for a Taser, didn't they?

4 MR. POLICK: Again, objection to the foundation,

5 but you may answer.

6 THE WITNESS: From reading the document, it looks

7 like beat 1033R requested a Taser at 3:41 in the

8 morning.

9 BY MR. DE ROSE:

10 Q Do you remember hearing that request?

11 A I recall hearing a request for a Taser.

12 Q And did you recognize the name of the officer

13 or the voice of the officer who was communicating that

14 request?

15 A I don't specifically remember if I recognized

16 the voice of the officer requesting the Taser.

17 Q When you heard the request for a Taser, you

18 had a Taser on you that night, didn't you?

19 A Yes, I was equipped with a Taser that night.

20 Q Do you know if there were other officers in

21 the 10th District in the geographical area where the

22 officer was making the request who were also armed with

52

1 Tasers?

2 A I can't speak for other officers. I know I

3 was specifically equipped with a Taser that night.

4 Q All right. And when you hear the request for

5 a Taser, do you automatically go to any location in the

6 10th District, or you've got to wait for an assignment

7 to go to the location?

8 A Normally, when an officer requests a Taser,

9 that generally means that they need assistance, and

10 then geographic limitations don't apply.

11 Q All right. So having heard that, if nobody

12 specifically had requested you, you would go to that

13 location if you were not otherwise engaged, right?

14 A Not knowing if anybody else was equipped with

15 a Taser that night, and knowing that I was, if an

16 officer was requesting a Taser, I would go.

17 Q All right. Do you remember what you were

18 doing when you heard the request for a Taser?

19 A Specifically, no, I don't recall.

20 Q But you do remember that you dropped whatever

21 you were doing and went to the location, correct?

22 MR. POLICK: Objection to the form. You may

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 14 of 144 PageID #:2490
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 53 to 56

53

1 answer.

2 THE WITNESS: Yes.

3 BY MR. DE ROSE:

4 Q All right. And I don't know if we

5 established this yet, but who was driving your squad

6 car that night, you or your partner?

7 MR. POLICK: Asked and answered. You may answer

8 again.

9 THE WITNESS: I don't recall who was driving.

10 BY MR. DE ROSE:

11 Q So we look at the next entry and it concerns

12 your vehicle and we see now this is just four seconds

13 after he makes the request, there is a note of an

14 assist by 1011R; that's your squad car, right?

15 A Yes. On that given night that was our squad

16 car, yes.

17 Q So do you remember receiving an actual

18 assignment over the air just four seconds later saying

19 you go to that one, 1011R?

20 A I don't remember receiving the specific

21 assignment to go there.

22 Q And you do not remember if you or your

54

1 partner communicated with the dispatcher about going to

2 that location, do you?

3 A I do not remember.

4 Q And there is an acknowledgment at 3:42 in the

5 morning, 3:42 and 11/10ths seconds. The acknowledgment

6 is by your squad car. Do you see that? So that's

7 about a minute later.

8 A Yes.

9 Q All right. So seeing that, you would not

10 dispute that either you or your partner got on the air

11 and said we acknowledge the call, we're on our way?

12 A Again, I don't know whether he went over the

13 air or he went through the PDT to say that we were

14 responding to the call. I don't know the nature of how

15 we responded, but it shows that we did acknowledge it

16 at 3:42.

17 Q And when you said the PDT, what's that?

18 A That's a computer terminal that's equipped in

19 every, mostly in every squad car. Some squad cars do

20 not have it.

21 Q So I take it on the morning of July 22nd, you

22 and your partner were on your way at that point for

55

1 2451 South Albany Avenue; is that correct?

2 A We were on our way to that location when a

3 Taser was requested.

4 Q And how long does it take you from your

5 geographical responsible area to get over to that area?

6 MR. YAMIN: In general?

7 MR. DE ROSE: Yes.

8 MR. YAMIN: Then objection to the form.

9 BY MR. DE ROSE:

10 Q Well, let's say that night?

11 A That depends on the time of day. At 3:41

12 when a Taser was requested, at 3:41 in the morning,

13 traffic is relatively light, so it would not take long

14 at all.

15 Q And when you got a call like that, and you

16 already indicated it seems to indicate to you an

17 officer needs assistance, I would take it you would

18 activate your emergency equipment to get from whatever

19 you were doing over to that address on Albany?

20 A Correct.

21 Q So if you had video equipment in the car,

22 once you activated your emergency equipment, your

56

1 video/audio recording equipment was automatically

2 activated, wasn't it?

3 MR. POLICK: Again, object to the foundation. It

4 assumes facts not in evidence. But you may answer over

5 the objection.

6 MR. YAMIN: Also object to form.

7 THE WITNESS: I don't recall if we did have

8 equipment equipped in our vehicle. But normally, yes,

9 if you do activate your emergency equipment, if you do

10 have equipment, that equipment will be activated.

11 BY MR. DE ROSE:

12 Q And you are trained that you're not supposed

13 to turn off the video/audio equipment until after the

14 assignment is completely done, are you not?

15 MR. POLICK: Objection to the form. You may

16 answer it.

17 THE WITNESS: Yes, you're supposed to keep it

18 recording.

19 BY MR. DE ROSE:

20 Q And are you told that if you turn it off

21 before you complete the particular call or assignment,

22 you have to fill out certain paperwork and explain why

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 15 of 144 PageID #:2491
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 57 to 60

57

1 you turned it off?

2 A I don't recall if you have to fill out

3 certain paperwork if you turn it off prematurely. I

4 know that if I do have it equipped in my car, I never

5 turn it off prematurely, so I've never had to deal with

6 that.

7 Q All right. The Supervisor working that

8 night, the Sergeant, the Sergeants' cars, they have

9 video equipment and audio recording equipment also,

10 don't they?

11 MR. POLICK: Objection to the foundation. You may

12 answer.

13 THE WITNESS: Some do, some don't.

14 BY MR. DE ROSE:

15 Q Do you know if Sergeant -- I forgot his last

16 name.

17 A Kearns.

18 Q Did Sergeant Kearns' vehicle have video/audio

19 equipment on it that night?

20 A I can't answer for Sergeant Kearns. I don't

21 know whether his vehicle had video/audio equipment

22 equipped.

58

1 Q And as you went to that location, you saw and

2 heard other squad cars arriving at the location, didn't

3 you?

4 A I don't recall if I heard other squad cars

5 arriving at that location.

6 Q But you saw other squad cars arriving?

7 A When I arrived at the location, I saw

8 1033 Robert. I don't recall seeing anybody else.

9 Q So you believe you got there before Sergeant

10 Kearns?

11 A I don't recall seeing Sergeant Kearns. I

12 can't answer whether I got there before or after. All

13 I know is initially when I arrived on scene at 2451

14 South Albany, I don't recall seeing Sergeant Kearns.

15 Q Is it fair to say by that answer, you don't

16 recall seeing Sergeant Kearns on the scene at all that

17 night?

18 MR. POLICK: Objection. Misstates the witness's

19 testimony. You may answer over the objection.

20 THE WITNESS: The question was asked whether I saw

21 other squad cars. I answered initially when I arrived

22 on scene, I don't recall seeing Sergeant Kearns.

59

1 BY MR. DE ROSE:

2 Q All right. But sometime after you arrived on

3 the scene and closely in time to your arrival on the

4 scene, you saw other squad cars arrive, did you not?

5 MR. YAMIN: Objection to the form.

6 MR. POLICK: Join. You may answer.

7 THE WITNESS: I don't know specifically what squad

8 cars, but I do know that there were a couple other

9 squad cars there.

10 BY MR. DE ROSE:

11 Q And where did you situate your squad car when

12 you got to the scene?

13 A I don't know. I don't recall.

14 Q Do you remember seeing Sergeant Kearns there

15 when you got to the scene?

16 MR. POLICK: Objection. Asked and answered. You

17 may answer over the objection.

18 THE WITNESS: Throughout the duration of the

19 actual event, from when we arrived to the moment that

20 we left, I recall seeing Sergeant Kearns.

21 BY MR. DE ROSE:

22 Q And on the scene while you were there, do you

60

1 recall seeing Officer Valenzuela?

2 A Yes.

3 Q Do you recall seeing Officer Gonzalez?

4 A Yes.

5 Q Do you recall seeing Officer Valdovinos?

6 A Yes.

7 Q Do you recall seeing Officer Alamillo?

8 A Yes.

9 Q Do you recall seeing Officer DeMonica?

10 A I do not recall.

11 Q Do you recall seeing Officer Lopez?

12 A I do not recall.

13 Q And you do recall seeing Sergeant Kearns?

14 A Yes.

15 Q And how about Watch Commander Lieutenant

16 Robert Dubiel?

17 A I do not recall.

18 Q All right. So can you estimate how long it

19 took you from the time you got the call until the time

20 you actually stepped out of your squad car at the

21 location?

22 A By the time that we received the call for the

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 16 of 144 PageID #:2492
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 61 to 64

61

1 request for a Taser to the time that we actually exited

2 our vehicle, a matter of minutes, a couple minutes.

3 Q A couple of minutes?

4 A Roughly.

5 Q All right. Now, when you arrived on the

6 scene, there was a fire truck there, wasn't there?

7 A I don't recall seeing a fire truck.

8 Q Did you actually go to the address 4551 South

9 Albany? Is that the address you were going to?

10 MR. YAMIN: I think you misstated the address,

11 just so the record is clear.

12 THE WITNESS: Yes.

13 MR. DE ROSE: Excuse me. Counselor, you're

14 absolutely right.

15 MR. YAMIN: Just so it's clear.

16 MR. DE ROSE: I withdraw the question or strike

17 the question.

18 BY MR. DE ROSE:

19 Q You went to the location 2451 South Albany

20 Avenue?

21 A That's where we went, to 2451 South Albany.

22 Q And what kind of a building is located there?

62

1 A It's mainly residential apartment buildings.

2 Q Was it an apartment building or just a

3 single-family residence?

4 A Speaking of 2451 South Albany in particular?

5 Q Yes.

6 A I don't recall. I know that when we

7 responded, we responded to the area of 25th and Albany,

8 the intersection.

9 Q So you were only going to the general area of

10 that block?

11 A Well, the location shows that it is closer to

12 25th Street, so our route to get there to assist beat

13 1033 Robert was to take 25th Street from Kedzie.

14 Q Is it fair to say you cannot picture in your

15 mind now what the building located at the address 2451

16 South Albany looks like?

17 A Yes. I don't recall what 2451 South Albany

18 looks like in particular.

19 Q All right. So when you got there to that

20 scene, do you remember seeing a Fire Department

21 ambulance?

22 A I don't recall whether I -- I don't recall

63

1 when I saw the ambulance. I know that throughout the

2 duration while I was on scene, I did see an ambulance.

3 I just don't know when.

4 Q All right. And you say you don't recall

5 seeing a big red fire truck there, though, with men,

6 firemen?

7 MR. YAMIN: Objection. Misstates his testimony.

8 MR. POLICK: Same objection. You may answer over

9 the objection.

10 THE WITNESS: I don't recall seeing a fire truck.

11 BY MR. DE ROSE:

12 Q Do you recall seeing firefighters, five or

13 six firefighters in firefighter equipment, on the

14 scene?

15 A I don't recall seeing firefighters on the

16 scene with equipment.

17 Q All right. Do you recall seeing any

18 paramedics on the scene?

19 A Throughout the duration while I was on the

20 scene, I did see paramedics; I just can't pinpoint what

21 time.

22 Q And how many paramedics did you see on the

64

1 scene?

2 A I believe there were two paramedics at the

3 scene.

4 Q Were they in uniform?

5 A They were in Chicago Fire Department Polo's

6 and slacks, regular attire for paramedics for the

7 Chicago Fire Department.

8 Q So that's like the uniform for paramedics?

9 A Correct.

10 Q Do you remember, were they both female, both

11 male?

12 A I don't recall the gender.

13 Q All right. When you first arrived on the

14 scene, did you talk to any of the paramedics?

15 A I don't recall speaking with any paramedics

16 when I first arrived on scene.

17 Q All right. Sometime during the night did you

18 have any conversation with any of the paramedics?

19 A I don't recall having a conversation with the

20 paramedics.

21 Q Any of them that night?

22 A I don't recall.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 17 of 144 PageID #:2493
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 65 to 68

65

1 Q Did you learn the identity of the paramedics,

2 the names of who they were?

3 MR. POLICK: Objection to the form.

4 John, you mean does he know now, or did he

5 know back then?

6 MR. DE ROSE: Yes.

7 BY MR. DE ROSE:

8 Q Have you learned their names or their

9 identity?

10 A I don't know the names of the paramedics.

11 Q So is it fair to say you never learned the

12 paramedics' names that night and don't remember asking

13 for any identification or identifiers of them at all

14 that night?

15 A That night, correct, I do not recall.

16 Q And you don't know if you've ever met those

17 paramedics again after that?

18 A If I can't recall them on scene, I don't know

19 whether I would have met them later.

20 Q All right. So when you first got on the

21 scene, where did you go?

22 A I believe I approached Officer Alamillo, who

66

1 was one of the two people that were on 1033 Robert that

2 requested the Taser.

3 Q And you recognized him right away, right?

4 MR. POLICK: Object to the form. You may answer.

5 THE WITNESS: Correct.

6 BY MR. DE ROSE:

7 Q And you know he was one of the two officers

8 in squad car 1033?

9 A Yes, he was one of the two in 1033R squad

10 car.

11 Q And when you approached him, where were you

12 physically located, the two of you?

13 A I don't recall.

14 Q Did your partner go with you as you

15 approached Alamillo?

16 A I don't recall.

17 Q All right. So had you and your partner

18 developed any kind of a plan of action as you were

19 driving over to the scene?

20 MR. YAMIN: Objection.

21 MR. POLICK: Join. You may answer.

22 THE WITNESS: All we know is that while responding

67

1 to the scene, en route, we knew that they needed a

2 Taser. We would talk to the officer that requested a

3 Taser, and then we would take it from there.

4 BY MR. DE ROSE:

5 Q All right. Was your partner also armed with

6 a Taser that night?

7 A Normally only one car was allowed one Taser.

8 So he was not.

9 Q So if you had it, he did not have it; we can

10 be pretty sure of that?

11 A Yes.

12 Q By the way, does he have occasion when he

13 wears the Taser and you don't?

14 A At that time, no.

15 Q He wasn't authorized to carry a Taser at that

16 time?

17 A I do not believe he took the class.

18 Q Has he since taken the class and now

19 authorized to do that?

20 A I can't speak for him. I don't know.

21 Q All right. When you walked up to Officer

22 Alamillo, was he standing there alone, wherever there

68

1 was?

2 A I don't recall who Officer Alamillo was

3 standing with, if he was standing with anybody or

4 alone.

5 Q All right. What did you say to him and what

6 did he say to you?

7 A A generalization of the conversation?

8 Because I don't know verbatim what we spoke about. I

9 know that through past experiences, if somebody were to

10 request police assistance and if it asked for a Taser

11 specifically, I would go over there, ask him what do

12 you need a Taser for; he would give me a general

13 synopsis of the events that occurred.

14 Q So you think you asked him that night what do

15 you need a Taser for?

16 A It's safe to say I probably did ask him that

17 night.

18 Q And was he in contact with any person at that

19 moment, grappling with anyone?

20 A I do not recall. I do not believe so.

21 Q You think you would remember if he was

22 grappling with someone as you walked up to him, don't

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 18 of 144 PageID #:2494
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 69 to 72

69

1 you?

2 MR. YAMIN: Object to form.

3 MR. POLICK: Join in the objection. You can

4 answer.

5 THE WITNESS: I don't recall if he was in contact

6 with anybody.

7 BY MR. DE ROSE:

8 Q So when you asked him what do you need a

9 Taser for, what did he tell you?

10 A Not verbatim, but the initial call was assist

11 a CFD for apparent drug overdose. And he directed me

12 toward the subject in question that was having the

13 apparent drug overdose.

14 Q And when he directed you towards this person,

15 was he suggesting to you that you were to use your

16 Taser on this person?

17 A No. It was just a tool that he would like to

18 have in case we did need it, but our whole objective

19 was to get him medical assistance, which was to

20 peacefully escort him to the ambulance which would

21 transport him to a hospital.

22 Q Well, did Officer Alamillo, did he tell you

70

1 that the person had already verbalized that he did not

2 want any help from the Chicago Fire Department or its

3 paramedics?

4 A I can't speak for Officer Alamillo,

5 specifically. All I know is that during my interaction

6 with Mr. Lopez, he was incoherent, incomprehensible,

7 and I could not make out anything that he was saying.

8 Q All right. So you yourself, before you took

9 any action, did you talk to anybody on the scene to

10 determine, other than Officer Alamillo, if this

11 individual was refusing medical attention?

12 MR. YAMIN: Objection as to if he took any action.

13 MR. POLICK: Join.

14 BY MR. DE ROSE:

15 Q Did you try and talk to anyone to say what's

16 going on?

17 MR. POLICK: Object to the form. You can go ahead

18 and answer.

19 THE WITNESS: I believe I only spoke to Officer

20 Alamillo. I don't believe I spoke to anybody else on

21 scene. I don't recall speaking to anybody else on

22 scene.

71

1 BY MR. DE ROSE:

2 Q I take it that he did not tell you this man

3 had verbalized already that he was refusing any medical

4 attention?

5 MR. POLICK: Objection. Assumes facts not in

6 evidence. You may answer over the objection.

7 THE WITNESS: Again, I can't speak for Officer

8 Alamillo. I do not know the conversation that he had

9 with Mr. Lopez.

10 BY MR. DE ROSE:

11 Q Did you ask Officer Alamillo, has the man

12 refused medical attention?

13 A Generally when I come on scene, if it's an

14 officer that needs assist, I will go to the officer

15 that requested the assist and ask him what he needs an

16 assist for. He said this individual, Mr. Lopez, was

17 apparently, apparently he was having a drug overdose.

18 The CFD needed to place him in the

19 ambulance to transport him to a hospital. He was

20 incoherent. And our whole objective was to try to

21 peacefully try to place him in the ambulance and

22 transport him to a hospital so he could receive medical

72

1 attention. That was our objective.

2 Q Did you ask Officer Alamillo how he made the

3 determination that this man was suffering from a drug

4 overdose?

5 A Officer Alamillo didn't make that

6 determination; it was the call that was dispatched to

7 Officer Alamillo initially.

8 Q So someone on the dispatch told him that this

9 was an overdose victim?

10 A Looking at Exhibit 2C, fire dispatcher 87

11 from the work station said that they need CPD for drug

12 overdose. That's when they dispatched the call to

13 1033R, which is Officer Alamillo and Officer

14 Valdovinos.

15 Q At any time that night did you determine how

16 someone determined that this was for a drug overdose?

17 A Again, I don't know the workings of OEMC and

18 dispatchers and how they present documents. All I know

19 is that an officer requested a Taser and assistance,

20 and I responded.

21 Q All right. Well, let me show you one other

22 exhibit for a moment. And you can keep that one there,

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 19 of 144 PageID #:2495
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 73 to 76

73

1 because we'll need it.

2 A Okay.

3 Q 14B. Officer, I put before you Plaintiff's

4 Exhibit 14B and it looks like a Special Order of the

5 Chicago Police Department Regarding Alcohol and Drug

6 Dependent Persons. Have you ever seen this Special

7 Order before?

8 A Yes.

9 Q When Special Orders come out, do you have

10 your own book of all the Special Orders of the police

11 department?

12 A They are accessible on-line.

13 Q And from time to time you have course study

14 in these different Special Orders and how they affect

15 your operations and work as a police officer?

16 A From time to time, yes.

17 Q Now, this Order is a rather old one. It goes

18 all the way back to July of 1992. Do you see that?

19 A Yes. That's the effective date.

20 Q And I want you to look with me at Paragraph

21 2B. And I want to read into the record, and I'm going

22 to -- yes, let me read it into the record and then

74

1 we'll have some questions for you.

2 It says, "Persons who, in the professional

3 judgment of the police officer, are identified as being

4 intoxicated in a public place and who may present a

5 danger to themselves or others and who have apparently

6 not violated a criminal law or committed an Ordinance

7 violation may, if they consent, be assisted to their

8 home if it is located in the district of occurrence.

9 "They may also be assisted to a public

10 treatment facility, a private treatment facility or

11 other health facility, if they consent, and such a

12 facility is located in the district of occurrence or

13 immediately adjacent districts. If the person refuses

14 the assistance offered, no further police action will

15 be taken."

16 Do you see where I just read?

17 A Yes.

18 MR. POLICK: Object under the Rule of Completeness.

19 BY MR. DE ROSE:

20 Q Did I read that accurately into the record as

21 you followed along?

22 MR. POLICK: Same objection under the Rule of

75

1 Completeness. You may answer.

2 THE WITNESS: Yes.

3 BY MR. DE ROSE:

4 Q All right. Had you knowledge of this

5 particular Special Order before you went out in your

6 performance of duties on the 22nd of July, 2011?

7 A Yes.

8 Q All right. I notice that some of the words

9 in the paragraph I read the words "if they consent" are

10 in full caps, and the word "refuses" is in caps. Do

11 you see that?

12 A Yes, sir.

13 Q Do you know why the words "if they consent"

14 and the word "refuses" are in caps there?

15 A To make your argument.

16 Q Pardon?

17 A To make your argument.

18 Q To make my argument about what?

19 A That you're saying that your client, Mr.

20 Lopez, did not consent to medical services or

21 assistance, and that he actually refused is what you

22 said. I said that I spoke or attempted to speak to

76

1 Mr. Lopez and he was incomprehensible and I could not

2 understand what he was saying.

3 Q Well, let me ask you a few questions.

4 Also calling your attention to paragraph

5 E, and then I've got questions about all of this.

6 E reads, for the record, "Sworn members who transport

7 an individual to a facility for treatment will make

8 every reasonable effort to protect the person's health

9 and safety."

10 Did I read that correctly?

11 MR. POLICK: Again, object under the Rule of

12 Completeness. You may answer.

13 THE WITNESS: Yes.

14 BY MR. DE ROSE:

15 Q As you went on that assignment that night,

16 did you understand that you had any duty to protect the

17 health and safety of a citizen who was not violating

18 any law and who you were going in assistance of?

19 MR. POLICK: Objection to the form, but you may

20 answer.

21 THE WITNESS: As I responded to the call as

22 requested for Taser by 1033R, when I arrived on scene

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 20 of 144 PageID #:2496
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 77 to 80

77

1 he directed me to the individual that CFD initially

2 asked assistance for, and our whole objective was to

3 peacefully attempt to get him on the ambulance to

4 transport him to a hospital without using any force,

5 because he seemed to be incoherent, and we could not

6 understand what he was trying to convey to us.

7 BY MR. DE ROSE:

8 Q Did you ask anybody when you arrived on the

9 scene, did any of you understand what he was saying?

10 A I only recall speaking to Officer Alamillo

11 and when I spoke -- I can't speak for anybody else. I

12 don't recall speaking to anybody else. But when I

13 spoke to him, I know that Mr. Lopez did not make sense,

14 for lack of a better phrase.

15 Q By the way, do you speak Spanish?

16 A I speak a little Spanish.

17 Q When you first approached Mr. Lopez -- by the

18 way, the man you approached you later learned to be

19 Jose Lopez; is that not true?

20 A Yes.

21 Q Describe him for us.

22 A He was a male Hispanic who to me appeared to

78

1 be middle-aged. That's all I recall.

2 Q How tall was he?

3 A I don't recall how tall he was.

4 Q How tall are you, Officer?

5 A I'm 6'2".

6 Q Is it fair to say that he was considerably

7 shorter than you?

8 MR. YAMIN: Objection to the form.

9 MR. POLICK: Join. You may answer.

10 THE WITNESS: It's not fair. I don't recall how

11 tall he was, so I don't know if he was considerably

12 shorter than me.

13 BY MR. DE ROSE:

14 Q Well, if he was 5'7', would you consider that

15 considerably shorter than you?

16 MR. YAMIN: Objection.

17 MR. POLICK: Objection to form. You may answer.

18 THE WITNESS: I don't know if I would say

19 considerably. If he was 5'7", he was shorter than me.

20 BY MR. DE ROSE:

21 Q And how much did you weigh at that time?

22 A I don't recall. 225.

79

1 Q To your knowledge, had you ever met this man

2 before that night, or that early morning hour, in your

3 life?

4 A To my knowledge, no.

5 Q Did you see any women out there on the scene

6 where you were engaged with the officer and then later

7 with Mr. Lopez?

8 A Well, throughout the duration while I was on

9 scene, I eventually saw one Hispanic female.

10 Q Describe her.

11 A Again, a female that appeared to be of

12 Hispanic descent, maybe mid-30's. I don't recall

13 anything else specific.

14 Q Can you give us the color of her hair?

15 A I don't recall the color of her hair.

16 Q Or the length of it; anything like that?

17 A No, I cannot. I don't recall.

18 Q Do you remember her body build in anyway?

19 Was she slender or plump or anything like that?

20 A I don't recall.

21 Q Do you remember how she was dressed?

22 A No, I do not.

80

1 Q You never talked to her at all that night?

2 A I don't recall ever speaking to her that

3 night.

4 Q All right. Well, the gentleman you came to

5 learn was Jose Lopez, how was he dressed?

6 A I don't recall how he was dressed.

7 Q It was summertime. Was that a particularly

8 warm night, or anything about the temperature you

9 remember?

10 A I don't remember what the temperature was

11 like on that given night.

12 Q Jose Lopez wasn't in shorts or anything, that

13 you remember?

14 A Again, I don't recall what he was wearing.

15 Q All right. And when you first had your

16 attention directed to him, was his back to you, or was

17 he looking in your direction?

18 A I don't recall which way he was facing.

19 Q All right. And do you recall where you saw

20 him located when you first started to take him in your

21 view?

22 A I believe it was somewhere on the street. I

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 21 of 144 PageID #:2497
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 81 to 84

81

1 don't know an approximate address.

2 Q Was there anybody standing around him at that

3 time?

4 A I don't recall anybody standing around him.

5 Q And where was the partner of Officer Alamillo

6 as you had your attention directed to Mr. Lopez?

7 A I don't recall.

8 Q Did it then become your assignment after

9 Alamillo had called for the assistance of a Taser, was

10 it now your job to take the action in the case?

11 A No. It was a call for a request for a Taser;

12 police officer needed assistance. It was still the

13 assignment of the originally dispatched beat, which was

14 1033R.

15 Q So that would be Alamillo and who else?

16 A Alamillo and Valdovinos.

17 Q So it's still their call, so I take it you

18 would follow behind them and let them take the

19 immediate action?

20 MR. YAMIN: Objection to the form.

21 MR. POLICK: Join in that objection. You may

22 answer.

82

1 THE WITNESS: Every situation dictates a different

2 course of action. I don't recall who took the lead or

3 who did not take the lead. I know that it varies.

4 BY MR. DE ROSE:

5 Q All right. So we're clear on the record,

6 this fire department needs police assistance for a drug

7 overdose, you were able to equate that with a 40

8 year-old male, from the earlier call, who was having

9 difficulty breathing?

10 MR. YAMIN: Objection to the form.

11 MR. POLICK: Yes. Are we talking about Mr. Lopez?

12 MR. DE ROSE: Yes.

13 THE WITNESS: I do not recall anything about a 40

14 year-old male. All I recall by reading Exhibit 2C, is

15 that 1033 Robert requested a Taser.

16 BY MR. DE ROSE:

17 Q All right. The Chicago Police Department

18 Event Query we looked at earlier talks about a 40

19 year-old man having difficulty breathing, remember?

20 A I recall reading Exhibit 2B regarding a 40

21 year-old man having chest pains with no further

22 information.

83

1 Q And so you didn't draw the connection of

2 these two being for the same man?

3 A Again, I don't recall a call of a 40 year-old

4 man having chest pains, so how could I make the

5 connection to the request for Taser and the job that

6 1033R was handling at that time?

7 Q All right. But my question is a little bit

8 different.

9 You yourself, as you were out there

10 hearing about officer needs assistance with a Taser,

11 you did not remember or you did not have in your memory

12 at all that the man they needed to have help with had

13 been complaining of difficulty breathing?

14 A I don't recall the initial call of a man

15 having chest pains, so I cannot make the connection

16 that Mr. Lopez was that individual.

17 Q So before you took any action, did you

18 yourself, officer, ask the officer who you were talking

19 to, has the man consented to be put in the ambulance?

20 A A general conversation that I would have had

21 with Officer Alamillo when I arrived on the scene would

22 be why are you requesting a Taser. And I can't speak

84

1 verbatim what he told me, but it would have been

2 something along the lines of we're trying to get this

3 guy in the ambulance and he seems to be having a drug

4 overdose and we want to try to get him to the hospital

5 to get him treatment.

6 Q All right. But I'm asking, did he either

7 tell you that the man was refusing to get in the

8 ambulance, or did you ask him has the man consented to

9 getting into the ambulance?

10 A I don't recall him telling me.

11 Q And you didn't inquire yourself?

12 A I don't recall myself inquiring. I'm not

13 sure.

14 Q All right. Well, in the exhibit I just read

15 in there the last sentence of B, it says "If the person

16 Refuses, the assistance offered, no further police

17 action will be taken."

18 Is it fair to say that you did not inquire

19 or were not advised by anyone whether the man was

20 refusing the assistance at that time?

21 MR. POLICK: As to 14B, the Special Order, I'll

22 object under the Rule of Completeness.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 22 of 144 PageID #:2498
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 85 to 88

85

1 MR. YAMIN: Also objection to form, compound.

2 MR. POLICK: You may answer.

3 THE WITNESS: No, it's not fair to say, because me

4 and my partner, Officer Guettler, approached Mr. Lopez

5 and asked him personally and attempted to escort him

6 peacefully into the ambulance. So at that time we

7 found out whether he refused medical attention or not.

8 BY MR. DE ROSE:

9 Q All right. So as you and your partner

10 approached him, where were the two officers who had the

11 assignment?

12 A I believe that me, my partner, Officer

13 Guettler, and Officer Alamillo approached Mr. Lopez. I

14 don't recall where officer Valdovinos was on scene.

15 Q As you approached the man, did you approach

16 him from behind?

17 A I don't recall what direction he was facing

18 or which route we approached him from.

19 Q But he was walking away from you, wasn't he?

20 MR. YAMIN: Objection to form.

21 MR. POLICK: Join. You may answer.

22 THE WITNESS: I don't recall whether he was

86

1 walking away from me or standing there.

2 BY MR. DE ROSE:

3 Q But he was about a block and-a-half from that

4 location that was in the dispatch, wasn't he? He was

5 on 25th Street?

6 MR. YAMIN: Object to form and foundation.

7 MR. POLICK: Join in those objections. You may

8 answer.

9 THE WITNESS: I don't recall the approximate

10 distance where he was at the given location that it

11 occurred.

12 BY MR. DE ROSE:

13 Q All right. You didn't have to run to catch

14 up with him, did you?

15 A I don't recall running.

16 Q Do you think you would remember if you had to

17 run to catch up with him?

18 A I don't run a lot, so yes, I probably would

19 remember.

20 Q And if he was walking away from the house at

21 the address of the call, you believe that you just had

22 to walk at a little faster pace to catch up with him?

87

1 MR. YAMIN: Objection to the form.

2 MR. POLICK: Join in the objection. It calls for

3 speculation. You can answer over the objection.

4 THE WITNESS: Again, I don't recall the

5 approximate address that Mr. Lopez was standing at, so

6 I cannot answer whether he was walking away from a

7 particular location or walking away from me.

8 BY MR. DE ROSE:

9 Q All right. Let me ask you about a couple of

10 more exhibits.

11 Did you believe that that day, you were

12 doing this assignment in assistance of the paramedics?

13 A I believe that I was asked by 1033R, who

14 requested a Taser, that I was assisting them. I don't

15 recall their initial dispatch job.

16 Q All right. Exhibit 14A. Now, this is also a

17 Special Order of the Chicago Police Department, a

18 little later than the last one we looked at. It's

19 dated 27 September, 1995, and it's Special Order

20 SO3-08. Have you ever seen this Special Order before?

21 A Yes, I have probably come across this Special

22 Order in the past.

88

1 Q And did you know of this Order as of the

2 22nd of July, 2011 when you were out on the street

3 talking to the officer before approaching Mr. Lopez?

4 A I had prior knowledge of the guidelines of

5 the Order in question.

6 Q All right. And it's called Assisting Chicago

7 Fire Department Paramedics. Do you see that at the

8 top?

9 A Yes.

10 Q And it looks like its purpose, No. 1, is,

11 "This directive establishes Department policy regarding

12 requests for assistance by the Chicago Fire Department

13 paramedics." Do you see that?

14 A Yes.

15 Q All right. And under its policy the Chicago

16 Police Department writes, "It is the policy of the

17 department to assist Chicago Fire Department paramedics

18 in transporting a patient to a hospital whenever a

19 Chicago Fire Department paramedic declares that the

20 situation constitutes a medical emergency and requires

21 police assistance." And then in bold it says,

22 "Department members will not assist in the transporting

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 23 of 144 PageID #:2499
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 89 to 92

89

1 of a patient who objects to transportation or medical

2 treatment on religious grounds." Do you see that?

3 A Yes.

4 Q First of all, am I clear that you did not

5 talk yourself to any fire department paramedic before

6 you approached Jose Lopez that night?

7 MR. POLICK: Objection. Misstates the witness's

8 testimony. You may answer over the objection.

9 THE WITNESS: I don't recall speaking to any

10 paramedics on the scene.

11 BY MR. DE ROSE:

12 Q At any time that night?

13 A I don't recall.

14 Q All right. So it's fair to say that no fire

15 department paramedic declared in your presence that

16 there was a medical emergency that required your

17 assistance?

18 MR. POLICK: Again, objection to the form. You

19 can answer.

20 THE WITNESS: I don't recall.

21 BY MR. DE ROSE:

22 Q All right. And now we're down to procedures.

90

1 And under A it says -- by the way, up above that the

2 reference is to peace officer assistance during

3 emergencies and Emergency Medical Services Systems Act.

4 Are you familiar with either of those learned

5 treatises?

6 MR. POLICK: Objection to the form of the

7 question. Where are you referring to in the --

8 MR. DE ROSE: Under 4, the references.

9 MR. POLICK: Paragraph 4, okay.

10 MR. DE ROSE: Yes.

11 MR. POLICK: Those are a Municipal Code and

12 Illinois Compiled Statutes.

13 MR. DE ROSE: Right.

14 MR. POLICK: Not learned treatises. So object on

15 those grounds, but you can answer over the objection.

16 MR. DE ROSE: And counsel, I called them learned

17 treatises because they are normally drafted by members

18 of our esteemed professional lawyers, but he may not

19 agree they are learned.

20 MR. POLICK: I call them Municipal Codes and

21 Illinois Compiled Statutes.

22 MR. DE ROSE: You are definitely right.

91

1 BY MR. DE ROSE:

2 Q Sir, are you familiar with those references?

3 A I'm familiar with a generalization of many

4 Municipal Codes and Compiled Statutes.

5 Q Let's look under procedures. It says, "A

6 member will assist Chicago Fire Department paramedics

7 in transporting a patient whenever a Chicago Fire

8 Department paramedic declares a medical emergency and,

9 1, requests assistance in restraining an adult patient

10 who has not objected to transportation or medical

11 treatment on religious grounds." Do you see that?

12 A Yes.

13 Q Did you have this particular Special Order in

14 mind when you went to work on this call that evening?

15 MR. YAMIN: Objection.

16 MR. POLICK: I'm going to object under the Rule of

17 Completeness.

18 MR. YAMIN: And to form.

19 MR. POLICK: You may answer over those objections.

20 THE WITNESS: Generally, I don't recall what I had

21 in mind en route to the request for Taser. All I know

22 is that a police officer asked for assistance, asked

92

1 for a Taser, so I tried my best to speedily arrive in

2 the area.

3 BY MR. DE ROSE:

4 Q So you thought you were assisting a police

5 officer and not necessarily a Chicago Fire Department

6 paramedic?

7 MR. POLICK: Objection to form. You may answer.

8 THE WITNESS: 1033R requested a Taser. 1033R is a

9 Chicago Police beat number. And I somehow, either over

10 the air or through the computer, acknowledged the

11 assist, so I assumed that I was assisting a police

12 officer.

13 BY MR. DE ROSE:

14 Q All right. Now look at B, because I want to

15 read that into the record also. It says, "In most life

16 threatening situations, the patient is not actively

17 resisting. However, members are authorized to employ

18 the minimum amount of force necessary to overcome the

19 amount of force exerted by the patient resisting

20 medical assistance or transportation." Do you see

21 that?

22 MR. POLICK: Again, object under the Rule of

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 24 of 144 PageID #:2500
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 93 to 96

93

1 Completeness. You can answer.

2 THE WITNESS: Yes, I see it.

3 BY MR. DE ROSE:

4 Q Can you estimate at all how many policemen

5 were on the scene that night before you used your

6 Taser?

7 A I don't recall how many were on the scene,

8 specifically, before I used my Taser. I know I was

9 there. I know my partner, Officer Guettler was there,

10 Officer Alamillo and Officer Valdovinos. I know that I

11 saw Officer Valenzuela and Officer Gonzalez during the

12 duration, as well as Sergeant Kearns.

13 Q And at least two paramedics, right?

14 A As well as two paramedics, at least, that

15 were on scene during the duration of the event.

16 Q And if there were also six firemen on the

17 scene, you have no recollection of that?

18 A I don't recall seeing any firemen.

19 Q All right. So as you remember it, there were

20 at least seven or eight men on the scene to deal with

21 Jose Lopez?

22 MR. YAMIN: Objection.

94

1 THE WITNESS: That's not what I said.

2 Throughout the duration of the event there

3 were possibly seven police officers and two paramedics,

4 but I do not know when they arrived on scene. It could

5 have been before or after.

6 BY MR. DE ROSE:

7 Q All right. So but before you unholstered

8 your Taser gun, I take it you know for a fact the four

9 of you were there?

10 A Yes.

11 Q All right. And you are, I think you said,

12 6'2"?

13 A Correct.

14 Q What's the height of your partner?

15 A Roughly 6 feet.

16 Q And about approximately how much did he

17 weigh?

18 A At the time in question, I don't recall how

19 much he weighed. Approximately 170 pounds.

20 Q And the two other officers, approximately how

21 tall were they?

22 A Officer Alamillo is approximately close to 6

95

1 feet. Officer Valdovinos is 5'7", if I have to take a

2 rough guess.

3 Q All right. But is it fair to say, you're in

4 pretty good physical condition. Would you say the

5 other three officers were all in pretty good physical

6 condition also?

7 MR. YAMIN: Objection to the form.

8 MR. POLICK: Join in the objection. You may

9 answer.

10 THE WITNESS: I can't speak for the physical

11 condition of other officers.

12 BY MR. DE ROSE:

13 Q I mean they didn't look unusually portly from

14 having had a donut tour duty, right? They looked like

15 they were not overweight?

16 MR. YAMIN: Objection to the form.

17 MR. POLICK: Join in that objection. You may

18 answer.

19 THE WITNESS: They weren't busting at the seams.

20 BY MR. DE ROSE:

21 Q There was more than a sufficient amount of

22 manpower among the four of you to physically overpower

96

1 Jose Lopez that night if you felt like you had to do

2 so, wasn't there?

3 MR. YAMIN: Objection to form. Calls for

4 speculation.

5 MR. POLICK: Join in those objections. You may

6 answer.

7 THE WITNESS: Our objective was never to overpower

8 Mr. Lopez. And when we approached him initially, after

9 me and my partner, Officer Guettler, arrived on the

10 scene, it was only myself, Officer Guettler and Officer

11 Alamillo. I don't recall where officer Valdovinos was,

12 so it was just the three of us.

13 BY MR. DE ROSE:

14 Q But the three of you, you were satisfied,

15 although you had no plan to do so, the three of you

16 were physically capable of restraining Jose Lopez

17 physically if you had to?

18 A Again, every situation dictates a different

19 course of action.

20 The behavior that your client, Mr. Lopez,

21 was displaying when I approached him was behavior that

22 was similar to other individuals that were under the

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 25 of 144 PageID #:2501
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 97 to 100

97

1 influence of substances such as PCP or cocaine where

2 they are given strength that it takes -- it has, in my

3 personal recollection, taken five or six officers to

4 restrain just one individual.

5 Q And you don't remember if there were that

6 many and many more officers on the scene that night?

7 A All I can recall is initially approaching

8 Mr. Lopez, there was three of us.

9 Q All right. So did you make a plan of attack

10 with Officer Alamillo that when we go over there, we'll

11 be able to tase him and then we can put him in the

12 ambulance?

13 A No such plan was ever made. We never made a

14 plan of attack. All I did when I spoke to Officer

15 Alamillo was to ask him why he requested a Taser. And

16 this is not verbatim, but he told me that, "We're

17 trying to escort Mr. Lopez peacefully into the

18 ambulance and transport him to a medical facility to

19 seek treatment."

20 There was no plan of attack comprised by

21 the three of us.

22 Q As far as you know it, does the Municipal

98

1 Code of the Chicago Police Department allow you to take

2 people into physical custody for medical treatment

3 whether they consent or not?

4 A Again, every situation dictates a different

5 course of action. It solely depends on the behavior

6 and actions of that individual.

7 Q I want you to look at Exhibit 14C. Now, this

8 is an excerpt from the Municipal Code of the City of

9 Chicago entitled Peace Officer Assistance During

10 Emergencies. Have you ever seen this?

11 A Specifically, I don't recall seeing this.

12 Q I want to read in the record; then I'm going

13 to ask you a few questions about it. It says, "A peace

14 officer may assist an emergency medical technician, as

15 defined in the Illinois Emergency Medical Services

16 Systems Act 210 ILCS 50/1, et seq, in transporting a

17 person to a hospital licensed to provide comprehensive

18 emergency treatment services when the officer is

19 informed by an emergency medical technician that the

20 situation constitutes an emergency as defined in the

21 Emergency Medical Services Systems Act and that person

22 is in need of immediate hospitalization to protect such

99

1 person or others from physical harm. The provisions of

2 this section shall not apply when the person sought to

3 be transported objects to transportation or medical

4 treatment on religious grounds." Do you see that?

5 A Yes.

6 Q Were you ever taught that a citizen of the

7 community has a right to refuse medical treatment or

8 attention of any kind by police officers or fire

9 department personnel if they just don't want the

10 treatment?

11 MR. YAMIN: Objection to form.

12 MR. POLICK: Join in the objection. You may

13 answer.

14 THE WITNESS: Yes, we were taught that individuals

15 had the right to deny any medical treatment or

16 assistance.

17 BY MR. DE ROSE:

18 Q All right. And you had been taught that even

19 before you went out on this particular assignment that

20 night?

21 A Yes. It's something that they teach you in

22 the Academy initially.

100

1 Q All right. But you made no inquiry as you

2 went up to Jose Lopez whether he had already, because

3 he had been on the scene for several minutes, been

4 refusing medical treatment and attention?

5 MR. POLICK: Objection to form. He may answer.

6 THE WITNESS: I don't recall how long Mr. Lopez

7 was on the scene prior to my arrival. All I know is

8 that when I arrived, I spoke to Officer Alamillo, and

9 then the three of us along with Officer Guettler

10 approached Mr. Lopez to inquire whether he needed

11 medical assistance, at which time he was incoherent and

12 I could not understand him.

13 BY MR. DE ROSE:

14 Q So my question still stands. No one told you

15 before you approached him he has been refusing

16 attention for the last 10 or 15 minutes?

17 MR. POLICK: Objection. Assumes facts not in

18 evidence. You may answer over the objection.

19 THE WITNESS: I don't recall anybody telling me.

20 MR. POLICK: John, if I can just interject for a

21 minute. It's just about 1:00. I don't know how much

22 further you've got to go, but --

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 26 of 144 PageID #:2502
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 101 to 104

101

1 MR. DE ROSE: Oh, I've got enough. Off the

2 record.

3 (There was a break taken, after

4 which the deposition was resumed

5 as follows:)

6 MR. DE ROSE: Would you read back the last

7 question and answer, please?

8 (The record was so read

9 by the court reporter.)

10 BY MR. DE ROSE:

11 Q All right. So as you started towards Jose

12 Lopez, were you in the front of the group of three of

13 you, as you remember it? Were you walking abreast?

14 How did that turn out?

15 A I don't recall the formation that we were

16 walking when we approached Mr. Lopez.

17 Q And you had not made up any decision as to

18 who was going to address him first or talk to him?

19 A No. In my training, it doesn't matter

20 whether you're dispatched to the job or you're

21 assisting on-the-job; everybody has the power to assess

22 the situation. So me and my partner, along with

102

1 Officer Alamillo, went along with the small synopsis

2 that we were given from Officer Alamillo to assess the

3 situation by trying to engage in a conversation with

4 Mr. Lopez.

5 Q Now, as you remember it, all three of you

6 being in uniform, you had a full complement of the

7 accouterments on your utility or service belt?

8 A I can't speak for the other two officers.

9 And I don't specifically recall what I had equipped on

10 my belt. I know that I had my service weapon,

11 handcuffs, two Magazines and a Taser.

12 Q All right. And you don't believe any of the

13 other two men who were with you had a Taser at the

14 time?

15 A I don't recall any of them, either one of

16 them having a Taser.

17 Q As you walked up to my client, did you

18 understand that the other officers were expecting you

19 to draw out your Taser before you went up to him?

20 MR. POLICK: Objection to the form of the question

21 what somebody else believed he was going to do. You

22 can answer over the objection.

103

1 THE WITNESS: I can't speak for the other

2 officers. I know that when I respond to an assist

3 requiring a Taser, when I exit my vehicle, I take out

4 the Taser and have it readily accessible in the event

5 that we might need it.

6 BY MR. DE ROSE:

7 Q So it's in your hand, but probably pointed

8 down?

9 A Correct.

10 Q So as you walked up to him, you had the Taser

11 at your side?

12 A I don't recall where I had it. I knew that

13 it was in my hand.

14 Q All right. But out of its holster?

15 A Yes.

16 Q Did you notice if either of the other

17 officers had any weapon in their hand such as an ASP,

18 or their service revolver?

19 A I can't speak for the other officers. I

20 don't recall them having anything in their hands.

21 Q So were you believe the only one who had a

22 weapon at the ready if needed?

104

1 A Yes.

2 Q And you did not have your handcuffs at the

3 ready; they were still in your utility belt?

4 A Yes, they were still in my belt.

5 Q And your partner normally carries handcuffs,

6 doesn't he?

7 A Yes.

8 Q And you didn't see either of the other two

9 officers with handcuffs in their hands?

10 A I don't recall seeing anything in anybody's

11 hands. I can't speak for the other two officers.

12 Q All right. So as you went up to my client,

13 you said you don't remember ever having to run. Did

14 you have to walk? Was he walking and you had to walk

15 at a faster pace to catch up with him?

16 A I don't recall how quickly I had to, or not

17 so quickly I had to move to get to your client. I

18 don't recall if it was just a walk or a brisk walk.

19 I'm not sure.

20 Q Are you walking on the sidewalk, or are you

21 walking on the street or on the parkway? What are you

22 walking on?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 27 of 144 PageID #:2503
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 105 to 108

105

1 A We were on the street. Your client was also

2 on the street. So we were approaching him, all of us,

3 on the street.

4 Q This would be on Albany, or on 25th Street?

5 A I don't recall specifically which street.

6 All I know is that we were on a street.

7 Q All right. Well, was traffic on the

8 particular street you were on blocked by squad cars and

9 fire vehicles, fire department vehicles?

10 A I don't recall if they were blocked. The

11 only vehicles I do recall when I arrived on scene were

12 my vehicle, 1033 Roberts', an ambulance, throughout the

13 duration, not initially, so I don't recall.

14 Q Well, is it fair to say you don't remember

15 any traffic, civilian traffic of any kind, such as cars

16 or trucks, going down the street as you were walking in

17 the street?

18 A I don't remember any civilian traffic.

19 Q At any time?

20 A During the time of the event.

21 Q All right. Can you estimate for us how long

22 it took you to get in the immediate vicinity of my

106

1 client?

2 A As opposed to when I exited my vehicle, or

3 after I spoke to Officer Alamillo?

4 Q Yeah, after you spoke to the officer. You're

5 right. From the time you left your vehicle, how long

6 do you think it took you to get right up next to my

7 client?

8 A Half a minute maybe, maybe a minute max.

9 Half a minute or so.

10 Q And is it fair to say during that half a

11 minute my client was walking?

12 A I don't recall what your client was doing. I

13 was speaking to Officer Alamillo. He directed me

14 towards your client. All I know is that your client

15 was standing in the street. I don't even know what

16 direction.

17 Q All right. Standing in the street. You

18 don't know if he was walking or just standing

19 stationary?

20 A I don't know his movements.

21 Q As you walked up to my client, did you notice

22 what he was doing with his arms and hands, if anything?

107

1 A I observed him with his fists clenched.

2 Q Were his hands at his side with his fists

3 clenched, or did he have them up in a perpendicular, or

4 I guess at a 90-degree angle at his waist?

5 A All I recall is that your client had his

6 fists clenched. I don't recall how his arms were

7 positioned.

8 Q Did he have a hat on that day?

9 A I don't recall his clothing.

10 Q Can you tell us, do you remember, did he have

11 any facial hair?

12 A I do not recall any facial hair.

13 Q All right. Can you picture his face in your

14 mind as you're recounting this today?

15 A He just looked like a middle-aged Hispanic

16 man.

17 Q But can you actually picture that in your

18 mind now as you tell us that description? Because that

19 is a description.

20 A Nothing specific. The only thing that I can

21 recall is that he was a middle-aged Hispanic male,

22 nothing specific.

108

1 Q And you neither knew of and no one had told

2 you that he was wanted by the police for anything?

3 A Please repeat the question.

4 Q You neither knew that Jose Lopez, or no other

5 policeman or anybody else told you that he was wanted

6 by the police?

7 A I spoke to Officer Alamillo on scene and all

8 he said to me was that he seems to be under the

9 influence of a substance, and we tried to escort him to

10 the ambulance so that he can be transported to a

11 medical facility. Nothing more was said to me.

12 Q All right. So then the answer to my question

13 would be that you didn't know of anybody claiming he

14 was wanted by the police, there was a warrant out for

15 him, or anything like that?

16 A I didn't inquire for such information.

17 Q All right. As far as you know, he was not

18 fleeing from police custody as you saw him out there at

19 the street; am I correct?

20 A He was standing in the street. That's all I

21 can recall.

22 Q So he wasn't fleeing at that point?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 28 of 144 PageID #:2504
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 109 to 112

109

1 A He was standing by himself in the street. So

2 yes, it would be a safe assumption to say that he was

3 not fleeing.

4 Q All right. So you remember the three of you

5 walking up to him. Did he turn and face you, or did

6 you have to go around to get in front of him?

7 A I don't recall what direction we went around

8 to, we went about to speak to Mr. Lopez. All I know is

9 that when we did approach him, the three of us, Officer

10 Guettler was the one that initiated the conversation to

11 see whether he needed medical assistance.

12 Q Did you three officers strategically position

13 yourself in a different position around Jose Lopez's

14 body so that you would be off to one side, your partner

15 in another, and Officer Guettler in a third position?

16 MR. YAMIN: Objection to the form.

17 MR. POLICK: Join. You can answer.

18 THE WITNESS: Given the behavior and the manner

19 that Mr. Lopez was standing in with his fists clenched,

20 in my prior experiences, I described it as somewhat of

21 an agressive manner. So I was, through my training,

22 bladed and ready to react, depending on how Mr. Lopez

110

1 was going to react, while my partner was speaking to

2 him.

3 BY MR. DE ROSE:

4 Q All right. You say bladed. That's a word

5 I'm not used to. What does the word bladed mean?

6 A You're just angled with your weapon away from

7 the individual.

8 Q All right. So the way you were bladed, where

9 was your hand that you had your Taser weapon in? Was

10 that blocking his view of the weapon?

11 MR. POLICK: Objection to the form of the question

12 and to the foundation as to what Mr. Lopez could see.

13 You can answer over the objection.

14 THE WITNESS: My Taser was in my right hand and it

15 was further away from Mr. Lopez.

16 BY MR. DE ROSE:

17 Q So it would be obstructing some of his view

18 of the weapon as you were in your position?

19 MR. YAMIN: Objection.

20 MR. POLICK: Objection. Same objection as to the

21 foundation what Mr. Lopez could see. You can answer

22 over the objection.

111

1 THE WITNESS: The reason why we stand in a bladed

2 position is we can't predict an individual's actions,

3 so we try to make it as safe for us and everybody else

4 around him, so we try to keep our weapons as far away

5 from the individual that we're interacting with as

6 possible.

7 BY MR. DE ROSE:

8 Q As you walked up to him did you say that you

9 had a Taser in your hand so that you could at least let

10 him know that you had the Taser?

11 A When we walked up to him, the only

12 conversation that we had with Mr. Lopez was asking him

13 whether he needed medical treatment.

14 Q And by the way, when you asked that, before

15 you asked that he seemed to be standing up under his

16 own power and steam?

17 A He was upright on his own, yeah, his own

18 power and steam.

19 Q And he wasn't teetering or falling over as

20 you noticed him?

21 A All I recall is him standing upright in the

22 street with his fists clenched.

112

1 Q All right. But he wasn't waddling from

2 side-to-side or anything like that?

3 A I don't recall him swaying.

4 Q All right. He appeared to you from your

5 vantage point to be a formidable, powerful man that you

6 wanted to be careful with. Is that a fair statement?

7 A In my vantage point, he appeared to be under

8 the influence of a substance. With my experience in

9 situations, I've known that people that are influenced

10 with certain substances, for example, cocaine or PCP,

11 can, regardless of stature or size, can prove to be

12 formidable for anybody that's a larger individual. So

13 yes, I was in a bladed position in the event that that

14 was the conclusion.

15 Q So what is your answer to my question? Did

16 he appear to be physically formidable as he stood

17 there, without waddling and teetering and falling over?

18 A His behavior, I drew the conclusion that he

19 had the potential, if he wanted to, to be formidable.

20 Q All right. Now, so we're very clear on this,

21 no one told you and you did not know as you stood there

22 in front of him that he was under the influence of

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 29 of 144 PageID #:2505
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 113 to 116

113

1 anything. Is that fair to say?

2 MR. POLICK: Objection. Misstates the witness's

3 testimony. He can answer over the objection.

4 THE WITNESS: Again, earlier I stated that in our

5 job, in our training --

6 BY MR. DE ROSE:

7 Q No, no.

8 A I know. Let me finish though.

9 In our job, in our training, we come to a

10 scene, and it doesn't whether you're the preliminary

11 investigator, the first person on a scene or assisting,

12 you can assess the situation. And by me assessing

13 Mr. Lopez, it looked like he was under the influence of

14 a substance that I have come to know as PCP or cocaine,

15 because I have dealt with individuals that have been

16 under that same substance.

17 Q All right. Now, are you finished with that?

18 A Yes, I am.

19 MR. DE ROSE: Move to strike it as not responsive

20 to my question. Would you read back my question? And

21 I just want to see if you can answer it.

22

114

1 (The record was so read

2 by the court reporter.)

3 THE WITNESS: Through my experience, I believed

4 that your client was under the influence of something.

5 BY MR. DE ROSE:

6 Q All right. I'm going to ask the question one

7 more time. I know what you're saying, and you have

8 your own conclusions; I'm not going to argue with you

9 about that.

10 My question is, had anybody told you, or

11 did he tell you himself that my client was under the

12 influence of alcohol or any drug?

13 MR. POLICK: Objection. Asked and answered. You

14 can answer over the objection.

15 THE WITNESS: Nobody told me. He was incoherent,

16 so he could not tell me. And I assumed with reasonable

17 belief that he was.

18 MR. DE ROSE: All right. Move to strike the last

19 part.

20 BY MR. DE ROSE:

21 Q Just listen to the question. Counsel are

22 writing notes. They will follow up.

115

1 A Okay, understood.

2 Q Because I know you have your own conclusions,

3 and you're entitled to them.

4 All right. So as you were positioned off

5 in the bladed position, what did your partner say to

6 Jose Lopez?

7 A Not verbatim, but my partner approached him

8 and asked him if he was okay, if he needed any medical

9 treatment.

10 Q Is that all of it, or you think he mentioned

11 something more?

12 A I can't specifically speak for what my

13 partner said to him. I know I was standing next to my

14 partner. All I know with respect to Mr. Lopez is he

15 tried to see if he needed medical treatment and if he

16 was all right.

17 Q And did Jose Lopez respond to him?

18 A No. Jose Lopez was incoherent. We could not

19 make out what he was saying, at which time my partner

20 approached Jose Lopez and tried to peacefully escort

21 him to the ambulance.

22 Q All right. We'll get to that.

116

1 A Okay.

2 Q But when you say he was incoherent and you

3 could not make out what he was saying, was he talking

4 in Spanish?

5 A No, he was not.

6 Q What language was he talking in?

7 A He was just making sounds and words. He was

8 saying nothing that was comprehensible to --

9 Q Can you remember any of the words he was

10 using?

11 A I don't recall. He was just mumbling and

12 saying sounds and different words that didn't make

13 sense to anybody on scene.

14 Q Well, if you heard a word like no or I don't

15 want help, would you be able to recognize those words?

16 MR. POLICK: Objection to the incomplete

17 hypothetical. It assumes facts not in evidence. You

18 may answer with those objections.

19 THE WITNESS: Of course I would recognize those

20 words.

21 BY MR. DE ROSE:

22 Q All right. But as you sit here now, you

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 30 of 144 PageID #:2506
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 117 to 120

117

1 don't remember what specific words he said?

2 MR. POLICK: Objection. Asked and answered.

3 BY MR. DE ROSE:

4 Q Is that correct?

5 A I don't know --

6 MR. YAMIN: Also, excuse me, mischaracterizes his

7 testimony.

8 MR. POLICK: Join in that objection as well. Go

9 ahead and answer.

10 THE WITNESS: I don't recall the words and sounds

11 he was making when he was trying to make conversation.

12 BY MR. DE ROSE:

13 Q Can you mimic the sounds for us now?

14 A It would be any one of us making a sound or

15 making words, not making sense and not conveying a

16 message, I guess. Like he would be incomprehensible to

17 another human being.

18 Q Well, did you tell the man that you could not

19 understand him?

20 A I didn't speak to Mr. Lopez. My partner was

21 speaking to Mr. Lopez.

22 Q Did you hear your partner saying, "I cannot

118

1 understand your words and sounds?"

2 A I don't recall. I can't speak for my

3 partner. I don't recall specifically what he said. I

4 just know the general conversation that they had.

5 Q All right. Did you move closer to see if you

6 could understand what Jose Lopez was saying?

7 A We were approximately five feet from each

8 other, so he was speaking, saying words and making

9 sounds very loudly. So I didn't need to move closer.

10 Q He had a higher voice than normal

11 conversational speech, a louder voice?

12 A He was just making, like noises were just

13 coming out of his mouth, just words and sounds. And I

14 was standing five feet away from him. There was no

15 reason for me to step closer.

16 Q Did you think he was hollering those words

17 and sounds, or did you think he was using a

18 conversational tone?

19 A His tone was a little bit more aggressive

20 than a conversational tone.

21 Q Was your partner raising his voice when he

22 talked to Mr. Lopez?

119

1 A No. I've worked with my partner long enough.

2 He deals with people in a very mild manner and calmly.

3 Q All right. So after you heard these sounds

4 and words, what is the next thing that happened?

5 A My partner approached Mr. Lopez even closer

6 and attempted to escort him peacefully to the

7 ambulance.

8 Q All right. When you say he approached

9 closer, he went right up to Jose Lopez, right next to

10 him?

11 A He was fairly close to him, yes.

12 Q And did he put his hands on Jose Lopez?

13 A I don't recall. All I know is that he

14 pointed to the ambulance and not verbatim said, "Hey,

15 Buddy, let's go see if we can get you checked out.

16 Let's get you some help."

17 Q All right. Now, as he moved closer to Jose

18 Lopez and said that, did you also maintain your bladed

19 position, but move closer?

20 A I don't recall myself moving closer. I was

21 pretty much approximately five feet from Mr. Lopez the

22 whole time.

120

1 Q So you stayed about that distance. And what

2 was the other officer, Alamillo, doing at this time?

3 A I don't recall. I know that he came with us

4 to attempt to speak to Mr. Lopez, but I don't recall

5 what happened the minute that my partner started to

6 speak to him.

7 Q All right. Did Alamillo now move closer as

8 your partner moved closer to Mr. Lopez while you stayed

9 five feet away?

10 A Again, I don't recall the actions of Officer

11 Alamillo. I know that he came with us to approach

12 Mr. Lopez to see if he was okay and try to attempt to

13 escort him to an ambulance; but from the minute that my

14 partner began to speak to Mr. Lopez, I don't recall the

15 actions of Mr. Alamillo, nor where he was standing.

16 Q All right. And so when your partner goes up

17 closer and says, "Come on, Buddy, let's see if we can

18 get you some -- I think you said, "get you some help in

19 the ambulance?"

20 A He directed his hand, pointed to the

21 ambulance. That's like a gesture to say let's see if

22 we can help you out, so general conversation.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 31 of 144 PageID #:2507
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 121 to 124

121

1 Q All right. So as your partner gestured with

2 his one hand towards the ambulance, did he put his

3 second hand on my client's elbow, arm or back in any

4 way?

5 A I can't speak for Officer Guettler. I don't

6 know what he did with his other hand. I know that he

7 gestured towards the ambulance. I believe I saw him

8 gesture towards the ambulance with his other hand.

9 Q All right. But at that point you don't know

10 if Officer Guettler was in physical contact with Jose

11 Lopez?

12 A I do not know.

13 Q All right. And so what was the next thing

14 that happened?

15 A Mr. Lopez, with his fists still clenched,

16 began to flail his arms and swing in the direction of

17 Officer Guettler. I wasn't too far away, so swinging

18 in our general direction.

19 Q All right. So let's get this.

20 His hands in the clenched fists, as you

21 walked up, they were outstretched, or were they down at

22 his side?

122

1 A Again, I don't know the position of his arms.

2 Q All right. So when he started to flail them,

3 did he raise them up over his head?

4 A I mean he just began to flail, no particular

5 direction. He just began to move his arms about.

6 Q You didn't see him trying to pull away from a

7 guiding gesture that your partner had put on his

8 shoulder or arm?

9 A I can't recall.

10 Q And he was considerably shorter than your

11 partner, wasn't he?

12 MR. YAMIN: Objection. Asked and answered.

13 MR. POLICK: Join in the objection.

14 MR. YAMIN: And objection as to form.

15 THE WITNESS: Again, I can't say how you measure

16 considerably, but yes, he was shorter than my partner.

17 BY MR. DE ROSE:

18 Q When he started you say flailing his arms,

19 did he flail both arms, left and right, or only one

20 arm?

21 A He flailed both.

22 Q And by flailing, you mean he went off to the

123

1 side from his arm, or up and down from his shoulder?

2 A When someone says flailing, in my belief it's

3 not a particular motion. He's just moving his arms

4 about in every which direction.

5 Q And that's about how you would describe it,

6 his arms were going everywhere?

7 A Yes. Initially he was flailing his arms

8 before he proceeded to try to take a swing at my

9 partner.

10 Q Now, you say initially before he tried to

11 take a swing at your partner. How long was he flailing

12 his arms while you and your partner and Officer

13 Alamillo were out there? A couple of minutes, minute

14 and-a-half?

15 A Seconds.

16 Q Seconds?

17 A From the moment that he began to flail, he

18 only flailed for a matter of seconds and then became to

19 direct those clenched fists at my partner.

20 Q All right. When he started to flail, did

21 your partner -- every which way when he was flailing

22 his hands, did your partner and you move back and

124

1 retreat at all?

2 A My partner was, Officer Guettler was closer

3 to Mr. Lopez because he was talking to him and trying

4 to see what the situation was and attempting to get him

5 in the ambulance. So I know that my partner tried to

6 avoid getting struck.

7 Q So how far back did he move?

8 A I don't know how far back he moved. He tried

9 to move far back enough so as not to be struck.

10 Q When you were five feet away still, did your

11 partner go a distance greater than that five feet so

12 that he now is either abreast or behind you?

13 A No. My partner was still in front of me.

14 Q All right. And at this point there had been

15 no physical contact between Jose Lopez and anyone else

16 that you saw, correct?

17 A That I personally observed, no.

18 Q All right. And the very next thing you

19 remember after your partner stepped back, did Jose

20 Lopez swing more than one of his clenched fists?

21 A I don't recall, but I believe that he swung

22 multiple times in the direction of my partner and

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 32 of 144 PageID #:2508
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 125 to 128

125

1 myself, because we were in the general area.

2 Q All right. You're five feet away from him.

3 Did your distance from him ever get closer than five

4 feet?

5 A I never approached Mr. Lopez. Mr. Lopez

6 flailed his arms and was moving about. So he moved

7 towards my partner's direction. My partner backed off,

8 which made him closer to me. So yes, Mr. Lopez was

9 nearing my --

10 Q How close were you to Mr. Lopez at the

11 closest interval that you were before you used your

12 Taser that night?

13 A Approximately three to five feet.

14 Q All right. And is it fair to say, being

15 three to five feet away from him, from that vantage

16 point he was unable to reach you with his fists?

17 A Again, dealing with individuals who displayed

18 similar behavior to Mr. Lopez, they were able to do

19 things physically that I did not think initially they

20 were able to do. So that's why the Taser was

21 requested; that's why I had it readily accessible,

22 because --

126

1 MR. DE ROSE: All right, stop. I am going to move

2 to strike that as non-responsive.

3 BY MR. DE ROSE:

4 Q Maybe you didn't understand my question.

5 From your vantage point three to five feet

6 away, are you satisfied that he did not have a reach

7 long enough that he could touch you if he continued to

8 flail from three to five feet away from you?

9 MR. POLICK: Objection. Asked and answered. He

10 can answer over the objection.

11 THE WITNESS: I felt that my partner and my life

12 was in danger, so I felt that he was capable of doing

13 many things because he was under the influence of some

14 kind of substance.

15 MR. DE ROSE: Move to strike that.

16 BY MR. DE ROSE:

17 Q Listen to the question.

18 A Okay.

19 Q You don't get to answer what's in your mind

20 at the time.

21 A Okay.

22 Q From your vantage point three to five feet

127

1 away from him, is it fair to say that you were

2 satisfied that the man was beyond the reach of you?

3 A I do not know Mr. Lopez's reach, so I can't

4 say to that.

5 Q Did you see my client, Mr. Lopez, come into

6 physical contact with your partner that night?

7 A Your client attempted, but --

8 Q The answer is no, you did not?

9 A Attempted to make physical contact with my

10 partner. My partner was quick enough to react and

11 attempt to get out of the way.

12 Q All right. Did you see either your partner

13 or Officer Alamillo try to reach forward and grab and

14 control my client when they saw him flailing his arms?

15 A I don't recall seeing anybody trying to

16 control your client as he was flailing his arms.

17 Q As a matter of fact, you told them to clear

18 away from him, didn't you?

19 A No. I believed that my partner, as well as

20 myself, were in fear of receiving a battery, so I gave

21 the command Taser Taser Taser and deployed my Taser in

22 the center mass area of Mr. Lopez.

128

1 MR. DE ROSE: All right. Well, move to strike

2 that. We'll get to all of that. Would you read that

3 question back and see if he can answer just this

4 question?

5 BY MR. DE ROSE:

6 Q We'll get to what you did or why you did it,

7 okay?

8 A Okay.

9 (The record was so read

10 by the court reporter.)

11 THE WITNESS: I don't recall saying anything to

12 anybody.

13 BY MR. DE ROSE:

14 Q All right. But you just indicated for us a

15 moment ago you said Taser Taser Taser, correct?

16 A My mistake. I don't recall saying those

17 words, "get away from him," to anybody.

18 Q All right. But you do recall using the words

19 Taser Taser Taser?

20 A Yes.

21 Q All right. Had you heard anything else said

22 before you said Taser Taser Taser?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 33 of 144 PageID #:2509
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 129 to 132

129

1 A From the moment that he started flailing his

2 arms?

3 Q Yes.

4 A No, I don't recall hearing anything else up

5 until the moment that I said Taser Taser Taser.

6 Q All right. And when you said Taser Taser

7 Taser, that was a signal that you used to tell your

8 brother officers to get out of the way; I'm about to

9 use the Taser weapon, right?

10 A Through the training, when I got certified by

11 the Taser, that is protocol in the Chicago Police

12 Department to give that command prior to using it.

13 Q All right. And they tell you to use those

14 three words because, as you're trained, that is a

15 warning to other officers to get out of the way?

16 A You want people surrounding you to be aware

17 that you are using a Taser.

18 Q They are not to take any kind of a position,

19 are they?

20 MR. YAMIN: Objection to form.

21 THE WITNESS: I don't believe that it dictates for

22 them to take a particular position. It's just to make

130

1 them aware that a Taser is about to be deployed.

2 BY MR. DE ROSE:

3 Q Let's talk about that training that you got.

4 When you went to the North Side Police

5 Training Center there were several of you officers

6 receiving your training, weren't there?

7 A Yes.

8 Q And you were advised that during the day each

9 of you were going to have the very unpleasant

10 experience of being tased, weren't you?

11 A That's incorrect.

12 Q Oh, when you went there they didn't tell you

13 that was going to happen?

14 A They said being tased is a voluntary act.

15 You can choose to be tased or choose not to be tased.

16 Q And if none of you would volunteer, then they

17 weren't going to use the Taser on anybody that day, as

18 far as you knew?

19 A I don't know what they would have done,

20 because people did volunteer. So I don't know what

21 their backup plan would have been if nobody

22 volunteered.

131

1 Q Did they get a lot of volunteers?

2 A I don't recall. A handful.

3 Q Were you one of the volunteers?

4 A No, I was not.

5 Q Why not?

6 A Because I just chose not to be tased. It was

7 a decision that they gave us that I made.

8 Q All right. Did they tell you what would be

9 the effect if you were tased?

10 A Something to the extent of two probes

11 entering the body and sending an electromagnetic wave

12 between point A and point B.

13 Q And did they tell you how that feels when

14 that happens before they asked for volunteers?

15 A They didn't go into any specifics. They just

16 said that you become incapacitated; you have no control

17 over your body.

18 Q All right. Now, these are the two different

19 instructors, they were both there when they asked for

20 volunteers?

21 A At least two different instructors, yes.

22 Q And did you guys give a round of applause to

132

1 the volunteers when they said they would let it happen

2 to them?

3 A I don't recall.

4 MR. YAMIN: Object to form.

5 BY MR. DE ROSE:

6 Q You did not want to volunteer because you

7 suspected this was a pretty uncomfortable experience,

8 right?

9 MR. YAMIN: Objection. Asked and answered, and

10 calls for speculation.

11 MR. POLICK: Join in the objections.

12 THE WITNESS: I just chose not to volunteer.

13 BY MR. DE ROSE:

14 Q No particular reason?

15 A No particular reason.

16 Q All right. And in the room where the

17 volunteers were going to be energized by the Taser

18 weapon, there were mats on the floor, weren't there?

19 A I don't recall if there were mats on the

20 floor.

21 Q Well, did the rest of you officers stand

22 around while these volunteers got tased?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 34 of 144 PageID #:2510
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 133 to 136

133

1 MR. YAMIN: Objection to form.

2 THE WITNESS: No. The officer that was about to

3 get tased was being held upright by two other officers

4 that were in the class.

5 BY MR. DE ROSE:

6 Q All right. But I mean your vantage point

7 while the different five volunteers had it done to

8 them, you were standing around the area where the

9 volunteers were tased, right, so you could all watch

10 what happened?

11 A Again, I don't know how many volunteers

12 specifically, but it was in an auditorium, so we were

13 sitting on carpeted seats of the auditorium.

14 Q Oh, you were seated. Were they like up on

15 the stage?

16 A They were still on the ground level in front

17 of the stage, so not too far from the stage.

18 Q So from where you were seated it was only

19 about five or six, maybe ten feet, at most, from where

20 the tasing event took place?

21 A That's a good ballpark estimation, about

22 10 feet, 15 feet.

134

1 Q And the instructors told all of you in the

2 training session that these volunteers are going to

3 have a spotter on either side of them?

4 A Yes. That's the way that they did that.

5 Q And they explained what the purpose of the

6 spotters was, didn't they?

7 A Yes.

8 Q What do you remember your instructors told

9 you was the purpose of a spotter?

10 A One was to brace the individual that was

11 being tased.

12 Q To catch them when they were tased?

13 A To bring them down lightly when they were

14 tased.

15 Q Were they told, the spotters, to be in

16 physical contact with the person who was about to be

17 tased?

18 A Each spotter on each side had one arm

19 underneath the individual that was about to be tased

20 under each of their arms.

21 Q And that was already even before Taser darts

22 were expelled?

135

1 A Correct.

2 Q And by the way, did you get to be one of the

3 spotters that day?

4 A I don't recall whether I was a spotter or

5 not.

6 Q Did they get volunteer spotters?

7 A People just willingly would go up.

8 Q And they instructed what they expected the

9 spotter to do?

10 A Yes.

11 Q And did the instructors say when the Taser

12 darts are expelled into the individual, be prepared

13 because the individual can fall any way imaginable;

14 front, back, or to the side?

15 A They just said that it incapacitates your

16 body, so you have no control; so just be prepared to

17 hold them up and bring them down lightly. They didn't

18 specify which direction they would fall.

19 Q And did the instructors say to bring them

20 down lightly so they are not injured?

21 A They were told to bring them down lightly. I

22 mean, an assumption can be made that to avoid injury,

136

1 yes.

2 Q And each one of these volunteers that was

3 tased that day in your training instruction, each one

4 of them always had a spotter on either side of them

5 when each one of them was tased; is that correct?

6 A Yes.

7 Q There was nobody who was a volunteer who was

8 tased without the assistance of spotters on either side

9 of them?

10 A Not to my knowledge.

11 Q Did the instructors tell you where in the

12 body you were to tase someone?

13 A Center mass.

14 Q Center mass, front side or back side?

15 A Front side.

16 Q And center mass means what, below the chest,

17 at the chest level?

18 A The torso area.

19 Q All right. So anywhere in the front torso,

20 from the top of the shoulders all the way down to the

21 waistband?

22 A You want to avoid the head. So anywhere

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 35 of 144 PageID #:2511
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 137 to 140

137

1 underneath the neck line to the waistband would be

2 considered center mass.

3 Q Did they tell you that it was less dangerous

4 if you could tase a suspect on his back side?

5 A I don't recall them saying that.

6 Q Did they tell you you could tase a suspect on

7 his back side?

8 A No, I don't recall.

9 Q So by your training, you always wanted to be

10 facing the suspect and trying to tase them in center

11 mass front, right?

12 A In ideal situations, yes.

13 Q And you know what a dry stun is, don't you?

14 A Yes.

15 Q And that's without the use of the deployment

16 of the darts, right?

17 A That's correct.

18 Q Have you been trained how to do the dry tase?

19 A We were told about it by the instructors as

20 another option while carrying the Taser, but I don't

21 recall us being shown in particular a dry stun example.

22 Q Did they tell you which was the preferable

138

1 use of the Taser gun?

2 A Every situation dictates itself. In order to

3 dry stun somebody, you would have to dislodge the

4 cartridge that's already in the Taser and try to come

5 up to close proximity of the person to try to dry stun

6 them.

7 Q And when you dry stun them, you actually put

8 the muzzle of the Taser gun right up against the person

9 and pull the trigger just like you would when you expel

10 the darts?

11 A Yes.

12 Q In your experience or your training, once you

13 pull the trigger and you're either dry stunning, or the

14 two darts reach the person's body, there is an

15 electrical current that is produced in the person's

16 body, correct?

17 A After making contact?

18 Q Yes.

19 A Yes.

20 Q And for how long is that electrical current

21 going on inside of someone's body?

22 A For as long as you have the Taser on.

139

1 Q And how long -- if you hold the Taser trigger

2 down, you can hold it down continuously?

3 A Our instructors when I took the Taser program

4 said that by Department regulations, we're only allowed

5 to tase somebody for five seconds, no more.

6 Q So do you watch with your watch how long that

7 is?

8 A No.

9 Q Are you counting 1,001, 1,002 or something

10 like that?

11 A I don't recall if I was counting at that

12 time.

13 Q A single pull of the trigger on the Taser gun

14 it expels a single charge for five seconds, doesn't it?

15 A I know that if you pull the trigger and hold

16 onto it, you can only hold onto it for five seconds.

17 That's my understanding of the use of the Taser through

18 the training that I had.

19 Q And you know that you can then pull the Taser

20 trigger an additional time or multiple additional times

21 and put another charge into the individual?

22 A The trigger is used to deploy the prongs.

140

1 There's an actual toggle switch that turns the Taser on

2 and off.

3 Q All right. So if you had to put additional

4 charges into an individual, there is a method that you

5 can do that with the gun after the darts have already

6 been expelled; is that not correct?

7 A I don't recall if we were taught to perform

8 additional charges with the Taser after the prongs have

9 already been in the subject. I don't recall that.

10 Q But do you know how to do it?

11 A It would be fairly easy to figure it out.

12 You would just turn the toggle back on and hold down

13 the trigger.

14 Q All right. So you just learned that

15 yourself, or somebody taught you that, just turning the

16 toggle back on and off?

17 A It's taught that the toggle cuts the bumper,

18 cuts the electricity.

19 Q Were you taught how many volts of electricity

20 passed through one's body after one Taser, or during

21 one Taser event?

22 A I'm sure they told us, but I don't recall the

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 36 of 144 PageID #:2512
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 141 to 144

141

1 exact number.

2 Q If I suggested 12,000 volts, do you remember

3 hearing that?

4 A Again, I don't recall a specific number. I

5 can't even begin to speculate.

6 Q Were you instructed that tasing of a person

7 will normally make that person go to the ground?

8 A We were instructed that tasing somebody would

9 incapacitate them and have them lose control of their

10 muscles and eventually collapse.

11 Q All right. Those volunteers that went

12 through the tasing event there in your training

13 session, did they appear, before the event took place,

14 to be nervous and worried about what they were about to

15 experience?

16 A I don't recall the behavior of the

17 volunteers.

18 Q Every one of the volunteers who you watched

19 that day, they lost physical control so that they, if

20 they didn't have spotters, would have gone to the

21 ground, correct?

22 A There was one individual in my mind I

142

1 remember that was still was upright.

2 Q Some guys or gals can really take a --

3 A It all depends on the individual.

4 Q And the person that you remember still

5 standing -- by the way, I saw Seagal do that in a

6 police movie years ago, so I picture Seagal doing it.

7 This person that you saw doing this, was

8 he as big as Seagal, or a huge man like that?

9 A I don't recall the stature of the person that

10 still was upright during the tasing.

11 Q But you don't know how much holding was going

12 on by the two spotters, right?

13 A I do not. I can't speak for the spotters. I

14 do not. I was not holding it.

15 Q Well, if I tell you Seagal had no spotters

16 and he stood up during it, you didn't see that movie,

17 did you?

18 A No, I did not.

19 Q When you said Taser Taser Taser, did you tell

20 your partner and Officer Alamillo, "You guys have got

21 to get over on the sides of him as a spotter?"

22 A No, no. It's a command given to make

143

1 everybody aware that a Taser is about to be deployed.

2 Nothing else is said.

3 Q Well, did you wait to deploy the Taser until

4 you had a spotter on either side of him?

5 A No, I did not. I was in fear of receiving a

6 battery from the behavior that Mr. Lopez displayed. He

7 went from being an active resister to an assailant, so

8 I used a less lethal device that I had readily

9 accessible to gain compliance.

10 MR. DE ROSE: All right. Move to strike

11 everything that you said after the words, "No, I did

12 not," as non-responsive to my question.

13 THE WITNESS: Okay.

14 BY MR. DE ROSE:

15 Q You're going to get a chance today to say all

16 that, but not necessarily in my questioning.

17 A Understood.

18 Q All right. So when you pointed your Taser,

19 you said Taser Taser Taser and then you pointed it at

20 Jose Lopez, correct?

21 A The command is to say the word three times.

22 So I said Taser Taser Taser and then deployed the Taser

144

1 in the direction of Mr. Lopez.

2 Q You pointed it at him first, right?

3 A Yes.

4 Q And then you knew that the darts were poised

5 and ready to be fired when you pulled the trigger?

6 A Correct.

7 Q And Mr. Lopez is standing out in the street

8 at this point; he's not running away from you?

9 A No. He's aggressively approaching me,

10 swinging, in the area that I was standing.

11 Q All right. But he's in the street?

12 A Yes.

13 Q And the street was a typical City of Chicago

14 street made of asphalt on the top, as you remember it?

15 It wasn't a cement street?

16 A I assume that it was an asphalt street, yes.

17 Q And when you deployed the Taser, into which

18 part of Jose Lopez's body did you see the darts go?

19 A I did not see personally where they went. I

20 directed the Taser to the center mass area of Jose

21 Lopez's body.

22 Q If there were two Taser darts in his stomach

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 37 of 144 PageID #:2513
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 145 to 148

145

1 later when he was at the hospital, would that be the

2 general area of target that you were using?

3 A Yes.

4 Q And were you taught how fast these darts

5 travel through the air when you deploy them from the

6 Taser weapon?

7 A I'm sure the course covered it. I don't

8 recall exactly.

9 Q Did you ever have any refresher courses in

10 use the Taser?

11 A That I do not recall.

12 Q All right. Give me one second. I want to

13 just ask if you were -- I'm going to go with Exhibit

14 No. 10, 11 and 12.

15 Have you ever seen this document,

16 Plaintiff's Exhibit 10 before, sir?

17 A Yes.

18 Q All right. You see it's talking about a

19 Taser and they give information on it, and it indicates

20 that it's downloaded by Robert Dubiel. That was your

21 Lieutenant Watch Commander that night, right?

22 A Correct.

146

1 Q And it talks about a serial number of this

2 particular Taser. This is the Taser that you actually

3 used that night?

4 A I don't recall the specific serial number of

5 the Taser that I used.

6 Q But you made a record of it sometime later,

7 didn't you, when you had to make certain reports about

8 the firing of the Taser gun?

9 A Yes.

10 Q And we'll get to your reports in a minute.

11 This is a Model X26. Do you see that?

12 A Yes.

13 Q Now, Taser International has available by

14 2011 video and audio reproduction capabilities once the

15 Taser becomes unholstered and before deployment right

16 through deployment. Are you aware that Taser

17 International makes such an issue?

18 MR. POLICK: Objection to the foundation. He can

19 answer over the foundation.

20 THE WITNESS: I was aware, but none of them were

21 accessible to Chicago police officers that were working

22 in any of the districts at that time.

147

1 BY MR. DE ROSE:

2 Q All right. And as you were aware, the

3 purpose of that audio/video recording capabilities is

4 to record what exactly the officer is confronting when

5 he discharges the weapon, correct?

6 MR. POLICK: Objection to the form of the question

7 and to foundation. You can answer it over the

8 objection.

9 THE WITNESS: Again, I don't work for Taser

10 International. I don't know the reasoning behind it.

11 It is a safe assumption to say that that probably would

12 be correct.

13 BY MR. DE ROSE:

14 Q Well, how did you learn that they had that

15 available?

16 A I believe word-of-mouth. I believe another

17 officer told me.

18 Q All right. And it looks like this exhibit

19 was generated on July 22nd, 2011, the same day you went

20 out there, at 4:38 in the morning. Do you see that?

21 A Yes.

22 Q And that would be about an hour after you

148

1 discharged the Taser, correct?

2 A Yes, roughly an hour after.

3 Q All right. Because if you look at the bottom

4 entry there, on that same day you discharged your Taser

5 at 3:46 A.M., right?

6 A According to the entry, yes.

7 Q Is that about the time that you remember

8 discharging?

9 MR. POLICK: Objection to the foundation. You can

10 answer it.

11 THE WITNESS: I don't know how Lieutenant Dubiel

12 prepares the reports, and I don't know the workings of

13 OEMC. But roughly around that time would be a good

14 assumption that that's around the time that I

15 discharged my Taser.

16 BY MR. DE ROSE:

17 Q All right. And we see handwriting underneath

18 that. It says Lieutenant S-a-h-n-a-s.

19 A Sahnas.

20 Q Do you know him?

21 A He was at that time the Supervisor for the

22 day shift.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 38 of 144 PageID #:2514
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 149 to 152

149

1 Q All right. So in the 10th District, right?

2 A Correct.

3 Q And he was not on duty when you discharged

4 the Taser that night?

5 A I don't recall Lieutenant Sahnas's schedule.

6 I don't know whether he was on duty. I can't speak for

7 him.

8 Q All right. Let's go to the next document.

9 It's Exhibit No. 11.

10 MR. POLICK: I'm going to object to this document

11 on the grounds that it has not been produced to the

12 defendants in this case. I don't know if it's been

13 produced to Mr. Yamin, but I don't recall it being

14 produced to the attorneys for the defendant officers

15 and paramedics in this case.

16 MR. YAMIN: I haven't seen it.

17 MR. DE ROSE: I would suggest that I did produce

18 them. But in the event that I did not, I will be using

19 these throughout the depositions, and so I want to make

20 sure you take a copy of this with you.

21 MR. POLICK: I'll take a copy of it. I'm

22 objecting to it because it's not been produced. I have

150

1 no idea where this document comes from, who wrote it,

2 who the author is; if it's a corporation, if it's the

3 International Association of Chiefs of Police, if it's

4 Taser International. There's no indication from this

5 document as to who its author is. This might have been

6 pulled off the Internet, for all I know.

7 MR. DE ROSE: It was probably pulled off the

8 Internet.

9 MR. POLICK: Well, I object on those grounds as

10 well.

11 MR. DE ROSE: I'll have to check and see if I gave

12 it to you. I thought I did.

13 MR. POLICK: You're free to ask my client

14 questions about it, but you're going to get a standing

15 objection to this document because, number one, it's

16 never been produced to my knowledge. I have never seen

17 it before, and I have no idea where this document comes

18 from. So if you're going to ask my client any

19 questions concerning Plaintiff's Exhibit No. 11, which

20 is entitled Protocol For Deployment of Tasers, I'm

21 going to have a standing objection to that for the

22 reasons I previously stated. There's no foundation.

151

1 And I don't even think this has been produced to us.

2 MR. DE ROSE: All right. And I will respect that

3 standing objection. So you will not have waived it.

4 If you don't repeat that one throughout the

5 questioning, it will probably get us along further.

6 MR. POLICK: Right. I'll have a standing

7 objection to any questions you ask my client about it.

8 MR. DE ROSE: All right.

9 BY MR. DE ROSE:

10 Q Now, sir, this Exhibit No. 11, counsel for

11 the City has already indicated what its title is, and

12 it says it's by Scott Roberts, eHOW Contributor,

13 updated on April 15th, 2010. Do you know who Scott

14 Roberts is?

15 A I do not.

16 Q All right. And it looks like it bears a date

17 before the date of your involvement with Jose Lopez,

18 correct?

19 A It does.

20 Q All right. Now, look at the first paragraph.

21 It says, "Those state and local law enforcement

22 agencies develop their own protocols for the deployment

152

1 of Tasers, they generally follow guidelines put forth

2 by the Police Executive Research Forum (PERF) and the

3 International Association of Chiefs of Police (IACP).

4 "Taser International, the largest

5 manufacturer of Tasers, also recommends protocols for

6 safe and effective deployment of the weapons, which

7 incapacitate people through electric probes that either

8 cause uncontrollable muscle spasms (neuromuscular

9 incapacitation, also known as NMI), or painful electric

10 shocks, ("drive stun").

11 "NMI is usually more effective and is more

12 commonly used."

13 Do you see where I just read?

14 A Yes.

15 Q When you were trained by the Chicago Police

16 Department, they only told you about dry stun and they

17 were teaching you the neuromuscular incapacitation with

18 the darts?

19 A Yes.

20 Q And now it talks about probe areas under

21 there. And it says, "In 2009, Taser International

22 issued a training bulletin to law enforcement agencies

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 39 of 144 PageID #:2515
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 153 to 156

153

1 urging them to avoid shooting probes into people's

2 chests, as doing so may increase the risks of cardiac

3 problems."

4 Do you see where I just read?

5 A Yes.

6 MR. POLICK: If you're not going to read any

7 further, I'll object under the Rule of Completeness.

8 MR. DE ROSE: All right. I won't go any -- well,

9 I'm going to read one more part.

10 BY MR. DE ROSE:

11 Q Well, just look at the next line. "Officers

12 should -- and this is only a half a sentence; and

13 counsel would be correct, I'm not completing it.

14 "Officers should ideally shoot probes into the back."

15 Do you see that?

16 MR. POLICK: Again, object to the Rule of

17 Completeness. Taken out of context. It doesn't

18 complete the paragraph. And there are indications that

19 what you're reading there is not an absolute, based on

20 the completeness of the document.

21 BY MR. DE ROSE:

22 Q All right. Do you see where I just read?

154

1 A Yes.

2 MR. POLICK: Same objection.

3 BY MR. DE ROSE:

4 Q In your training at the Chicago Police

5 Department, were you told about Taser International's

6 recommendation that you try to tase people in the back?

7 A I don't know how credible the originator and

8 the information given to me is, nor the updated date of

9 April 15th, 2010. All I recall is while going through

10 the completion course of having a Taser, all I recall

11 is that the instructors I don't believe said anything

12 based on center mass.

13 Q And everybody who volunteered in your

14 training were shot with the Taser darts in front of

15 their body?

16 A No, they were shot in separate areas of the

17 body.

18 Q And were they ever shot in the back?

19 A Yes.

20 Q Did the instructor ever tell you that it was

21 preferable, when possible, to deploy the darts to the

22 back area of the person?

155

1 A I do not recall if an instructor specified

2 that.

3 Q An on those occasions when you saw the

4 volunteers tasered in the front area, did they always

5 fall forward, or did they fall backwards?

6 A I don't recall how any of the volunteers that

7 were tased fell.

8 Q All right. I want you to look under Field

9 Use, No. 2 part of this. And I'm going to read you one

10 sentence here. After the 2 it says, "Whenever

11 possible, officers should avoid deploying Tasers."

12 Then after a few kinds of people it says, "People

13 located in an area where a fall could result in serious

14 injury or death." Do you see where I just read?

15 MR. POLICK: Again, object under the Rule of

16 Completeness, but you can answer over the objection.

17 THE WITNESS: Yes, I see where you just read.

18 BY MR. DE ROSE:

19 Q When you deployed the Taser on Jose Lopez out

20 there in the street, were you aware that there was a

21 potential that he would fall to the street and strike a

22 portion of his body violently in the fall?

156

1 A I, through my training, have observed people

2 lose control of their muscles, and their body would

3 collapse. I've also observed somebody stand upright

4 while being tased. So prior to tasing Jose Lopez, I

5 couldn't predict how he would react to the Taser.

6 Q But you were aware through your use of

7 spotters in your training that there was potential he

8 could fall very fast to the street there where you were

9 confronting, correct?

10 A Anybody losing control of their muscles could

11 collapse to the ground beneath them, yes.

12 Q So is your answer that you were aware of the

13 potential that Jose Lopez, when you deployed the Taser

14 to him, would fall to the street and he could strike a

15 portion of his body?

16 A I believe that after deploying my Taser to

17 Jose Lopez, he could collapse to the street, yes.

18 Q All right, thank you.

19 And then I want you to go to the next page

20 under No. 3. And I'm going to start with the second

21 sentence on the top of the page. It says, "The

22 manufacturer warns that the involuntary muscle spasms

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 40 of 144 PageID #:2516
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 157 to 160

157

1 Tasers cause could be injurious to people with

2 pre-existing health problems like osteoporosis,

3 hernias, spinal injuries, or soft tissue damage, to

4 name a few. Also, the spasms could cause severe

5 exhaustion in people under the influence of drugs or

6 suffering from any number of respiratory or mental

7 health problems."

8 Do you see where I just read?

9 MR. POLICK: Objection under the Rule of

10 Completeness. Taken out of context. You may answer

11 over the objection.

12 THE WITNESS: Yes, I see where you just read.

13 BY MR. DE ROSE:

14 Q Were you trained that using a Taser on a

15 person who is under the influence of drugs can be

16 exacerbating of any injuries the recipient of your

17 Taser darts is going to suffer?

18 MR. POLICK: Objection to the form of the

19 question.

20 MR. YAMIN: Also objection; misstates what was

21 just read to him.

22 MR. POLICK: Join in that objection.

158

1 BY MR. DE ROSE:

2 Q You may answer?

3 MR. POLICK: You can answer over the objections.

4 THE WITNESS: I was trained to use a Taser when an

5 individual displayed a behavior that could be described

6 as an assailant. And if somebody was in fear of

7 receiving a battery, as well as myself or fellow

8 officers, that's when I was trained to use a Taser. I

9 don't recall anything else.

10 BY MR. DE ROSE:

11 Q All right. So then in answer to my question,

12 you say you don't recall ever being advised that using

13 a Taser against a person who you believe is under the

14 influence of drugs will exacerbate the effects on that

15 person?

16 A I cannot recall.

17 MR. DE ROSE: All right. Let me look at No. 12,

18 please.

19 MR. POLICK: Again, as to Plaintiff's Exhibit 12,

20 I'll represent for the record that this has never been

21 produced to counsel for the defendant officers during

22 the course of this litigation, which is months since

159

1 the discovery at this point. I can't speak for counsel

2 for the City, but I know this has not been produced to

3 us.

4 This appears to be some type of Chicago

5 Tribune article regarding the use of Tasers. So I'll

6 object to it as hearsay, and rank hearsay as that.

7 And if you ask my client any questions

8 about this document, I will have a standing objection

9 to it on those grounds, that it's never been produced

10 to us and it's hearsay. And I have a standing

11 objection for those reasons with regard to anything in

12 this particular article.

13 MR. YAMIN: It also has not been produced to the

14 City, and the City joins in those objections.

15 BY MR. DE ROSE:

16 Q All right. As counsel just observed, this is

17 a document taken off the Internet by Chicago Tribune

18 reporters Dan Hinkel, H-i-n-k-e-l, and Alex Richards on

19 July 20th, 2012. Did you read this article in the

20 Tribune when it came out?

21 MR. POLICK: Objection to the relevance, in

22 addition to my standing objection to this Internet

160

1 hearsay article.

2 THE WITNESS: I don't recall ever reading this

3 article.

4 BY MR. DE ROSE:

5 Q All right. And it says at the top, "Jolt of

6 reality: Shootings persist as Chicago police Taser use

7 skyrockets. Use of devices marketed as means to limit

8 gunfire rose more than 300 percent in two years data

9 show."

10 Did you ever hear reports like that as a

11 police Officer that the use of the Taser gun had risen

12 300 percent from 2010 to 2012?

13 MR. POLICK: Again, object to the relevance and to

14 the foundation for those figures. This is a hearsay

15 document, and I think contained in it is hearsay,

16 since the author is not here to tell us where in fact

17 he got or made up these figures.

18 So with those objections, in addition to

19 my standing objection to this exhibit, you may answer.

20 THE WITNESS: I don't know how credible the

21 information is, or the source, but I don't recall

22 hearing those figures.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 41 of 144 PageID #:2517
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 161 to 164

161

1 BY MR. DE ROSE:

2 Q Are you aware that the Chicago Police

3 Department is keeping data records of the frequency of

4 the deployment of a Taser by its members?

5 A I do not know if they are keeping it

6 individually by members.

7 Q And you have never been provided as part of

8 your training any documentation from the Chicago Police

9 Department about any increases or decreases in the use

10 of Tasers?

11 A I don't recall receiving any such

12 documentation.

13 Q And I want to go four paragraphs up from the

14 bottom of the first page of Plaintiff's Exhibit 12. It

15 reads for the record, "The numbers raise questions

16 about how often police use the weapons to diffuse

17 confrontations that might otherwise escalate to use of

18 deadly force.

19 "Civil lawyers and department critics have

20 alleged that, rather than deploying Tasers to subdue

21 dangerous criminals, officers have sometimes drawn them

22 on mildly obstinate suspects."

162

1 Do you see where I just read?

2 MR. POLICK: Object under the grounds of the Rule

3 of Completeness. It's being taken out of context in

4 this three-page Internet article. It's hearsay. It's

5 irrelevant. And in addition to my standing objections

6 to this document, you may answer over the objections.

7 BY MR. DE ROSE:

8 Q Do you see where I just read?

9 A I do see were you just read.

10 Q All right. First of all, you had no

11 information that Jose Lopez that night was a dangerous

12 criminal, did you?

13 A At which time are we speaking of?

14 Q When you went out to the scene, you had the

15 Taser gun in your hand, and at the moment you deployed

16 it?

17 A Yes. He became from an active resister to an

18 assailant. An assailant is described as someone who is

19 dangerous that can cause death or great bodily harm to

20 people that surround him.

21 Q So in your opinion, he was a dangerous

22 criminal when you deployed your Taser?

163

1 MR. YAMIN: Objection. That misstates his

2 testimony.

3 MR. POLICK: Join in the objection.

4 MR. YAMIN: The word criminal was not stated by

5 the deponent.

6 MR. POLICK: Join in that objection.

7 Argumentative.

8 BY MR. DE ROSE:

9 Q All right. I'm going to ask this question.

10 When you pulled the trigger on the Taser gun, is it

11 fair to say that you had no information that Jose Lopez

12 was a dangerous criminal that should be apprehended,

13 because you knew of no criminal activity he had been

14 engaged in a moment prior to that, or any other time in

15 his life?

16 MR. POLICK: All right. I'm going to object to

17 that question as to the form, because it's a compound

18 question. There's about three questions involved in

19 that question. And again, the question I think is

20 ambiguous. You can answer it if you understand it.

21 MR. DE ROSE: Let me withdraw it.

22 MR. YAMIN: I will also object it's been asked and

164

1 answered and mischaracterizes the previous testimony of

2 the deponent.

3 BY MR. DE ROSE:

4 Q All right. As you walked up to Jose Lopez

5 and before he made whatever gesture you determined,

6 before that, is it fair to say you had no information

7 that Jose Lopez was a dangerous criminal wanted by the

8 police?

9 MR. POLICK: Objection. Again, that's a compound

10 question, dangerous criminal and wanted by the police.

11 MR. DE ROSE: All right.

12 MR. POLICK: So again, I'm going to object to the

13 form of the question. And again, I think it's been

14 asked and answered.

15 MR. DE ROSE: All right. Let me strike the

16 question.

17 BY MR. DE ROSE:

18 Q Before you walked up to him and deployed your

19 Taser weapon, is it fair to say you had no information

20 that Jose Lopez was wanted by the police?

21 A Our objective when we were walking up to

22 Mr. Lopez was to seek medical assistance. He was not a

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 42 of 144 PageID #:2518
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 165 to 168

165

1 criminal, but he did display aggressive manners that he

2 could be dangerous --

3 MR. DE ROSE: All right, stop.

4 MR. POLICK: Let him finish his answer. You asked

5 a compound question, and I think he's allowed to finish

6 his answer.

7 BY MR. DE ROSE:

8 Q Finish your answer.

9 MR. POLICK: You can do what you want afterwards,

10 but please don't interrupt him while he's answering

11 your question. He has a right to answer your question

12 to the best of his ability. You may not like it, but

13 he has a right to do it. You can do what you want

14 afterward, but please don't cut him off. Nobody's

15 cutting you off.

16 THE WITNESS: He expressed behavior that I have

17 observed in the past that could make him a dangerous

18 individual.

19 MR. DE ROSE: Move to strike the answer as not

20 responsive to my question. Miss Reporter, will you

21 read my question?

22

166

1 BY MR. DE ROSE:

2 Q And sir, can you confine your answer to just

3 answer the question posed?

4 A Yes.

5 (The question was so read

6 by the court reporter.)

7 MR. POLICK: Asked and answered. You may answer

8 over the objection. Go ahead.

9 THE WITNESS: I do not have any recollection of

10 anybody telling me anything of Jose Lopez's criminal

11 history, or whether he was wanted by the police.

12 BY MR. DE ROSE:

13 Q All right. And Jose Lopez stood his ground

14 as you and the other officers walked up to him; is that

15 correct?

16 MR. POLICK: Objection to the form of the

17 question.

18 MR. YAMIN: Object to form.

19 MR. POLICK: You can answer over the objection.

20 THE WITNESS: He was standing in the street by

21 himself, with his fists clenched to his side.

22

167

1 BY MR. DE ROSE:

2 Q He was not attempting to escape or run away

3 from you?

4 A I don't recall him attempting to escape or

5 run away.

6 Q All right. Thank you.

7 In your police training in the last few

8 years, you were trained about the use of force model

9 that the police department wants to use?

10 MR. POLICK: Objection to the form. You can

11 answer it.

12 THE WITNESS: Yes.

13 BY MR. DE ROSE:

14 Q And how long was your training in the use of

15 force model?

16 A It's continuous. We started in the Academy.

17 They introduce the use of force model to us. They

18 threw out scenarios, because every scenario dictates a

19 different action by a police officer, given the

20 behavior and the actions of the individual in the

21 scenario. And then through the Internet, in-service

22 training, etc.

168

1 Q All right. And you learned there are

2 gradations of force that you're allowed to use,

3 depending on the behavior of the person that you are

4 confronting in the course of your police duties?

5 A Yes.

6 Q And your first level of force to be used is

7 verbal, word-of-mouth, isn't it?

8 A Yes, that's a way that we try to gain

9 compliance initially, depending on the behavior of the

10 individual.

11 Q And you try to use persuasion or commands,

12 correct?

13 A Again, every situation is different.

14 Depending on the individual, those are tactics that we

15 do use.

16 Q It sounds like your partner, when he walked

17 up to Jose Lopez, was using the very basic and first

18 step of the use of force continuum, right? He was

19 trying to use persuasion?

20 A My partner was attempting to get him into the

21 ambulance, so that is away that you could see it, yes;

22 he was trying to use persuasion.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 43 of 144 PageID #:2519
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 169 to 172

169

1 Q And your partner, you told us, gestured

2 toward the ambulance and he said, "Come on, Buddy.

3 Let's see if we can get you some help." That's a

4 persuasive effort, right?

5 A Yes.

6 Q And after your partner said that, did your

7 partner ever escalate his verbal communication with

8 Jose Lopez to an order or a command that he should get

9 into the ambulance?

10 MR. YAMIN: Objection to the form, scope.

11 MR. POLICK: Join. You can answer.

12 THE WITNESS: Again, depending on the behavior of

13 the individual that we're speaking of, my partner

14 didn't have time to verbally command him with anything

15 else.

16 BY MR. DE ROSE:

17 Q So you heard no verbal commands; you only

18 heard persuasion?

19 A I heard my partner having a conversation with

20 him to try to get him into the ambulance, yes.

21 Q And that is the lowest level on the force on

22 the continuum of force hierarchy, right?

170

1 A Speaking to an individual would be considered

2 the lowest form, yes.

3 Q And then as you talk to the person, there are

4 uses of various kinds of weapons that are at your

5 disposal that you can deploy against a person to make

6 them follow your wishes or commands, correct?

7 A Depending on the situation, we have several

8 tools that we can use to get compliance from an

9 individual.

10 Q And the first one you use, and the least

11 violent of those tools, are the handcuffs, right?

12 MR. YAMIN: Objection to the form.

13 MR. POLICK: Join. You may answer over the

14 objection.

15 THE WITNESS: Mr. Lopez was never to be placed in

16 custody. Our main objective was to get him medical

17 treatment. So I did not have the handcuffs readily

18 accessible.

19 BY MR. DE ROSE:

20 Q All right. But in the continuum, as you're

21 taught, the first weapon available to you officers are

22 the handcuffs, correct?

171

1 A Again, depending on the situation and the

2 individual.

3 Q And then the second level of weapons

4 available to you, and normally on one or the other of

5 your utility belts, is the ASP, correct, the

6 collapsible baton?

7 A The collapsible baton is also a tool that we

8 can use that we've been trained in.

9 Q And it's much lower on the continuum than any

10 firearms you have on your person, isn't it, according

11 to your training?

12 A Again, it depends on the situation. We also

13 have OC spray that we can use.

14 Q We're going to get to that. That's right.

15 Your collapsible baton is lower on the

16 continuum of weapons to be used than is OC spray, isn't

17 it?

18 A I don't know -- I don't recall the model for

19 certain which one comes before the other, because

20 again, it all dictates on what the individual is being

21 classified as, and then you react to that individual

22 and you have certain options that you can use.

172

1 Q Did you have on your utility belt, pepper

2 spray or OC spray?

3 A I normally do carry it out, so there was

4 probably a good chance that I did have it.

5 Q Does your partner carry either OC spray or

6 pepper spray?

7 MR. YAMIN: On that occasion?

8 MR. DE ROSE: Yes, that's right, of course.

9 BY MR. DE ROSE:

10 Q On that day?

11 A I can't speak for my partner. I don't know

12 what he had on his utility belt.

13 Q Do you know if he has a habit of normally

14 carrying one or the other?

15 A He normally makes it a point to carry a

16 retractable baton and OC spray, yes.

17 Q All of those items we just talked about,

18 handcuffs, collapsible baton and the OC and pepper

19 spray, those are all lower down on the continuum of

20 force that you were taught to use, right? You were to

21 consider the use of those first?

22 A As opposed to lethal?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 44 of 144 PageID #:2520
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 173 to 176

173

1 Q Yes.

2 A Yes, they are lower than using lethal force.

3 Q All right. And then after all those, the

4 next item of use is the Taser, correct?

5 MR. YAMIN: Object to the question, in that it

6 misstates the use of force continuum.

7 MR. DE ROSE: Well, let's find it.

8 MR. POLICK: I will join in that objection.

9 MR. DE ROSE: Give me a minute.

10 BY MR. DE ROSE:

11 Q So you don't have to guess, I know training

12 was a while ago, and things might have changed. Let's

13 see what I can find here.

14 Sir, do you ever remember seeing this

15 General Order of the Chicago Police Department before

16 your experience and training?

17 A Yes.

18 Q And it is General Order Number 02-08-01A.

19 It's the Use of Force Model. Were you trained in this

20 when you were in the Academy?

21 A Yes.

22 Q And because its effective date was in August

174

1 of 2003, right, that would be before you did your

2 training?

3 MR. POLICK: I'm going to object to the form of

4 the question. It implies that there was no such Order

5 prior to that time. This may be an update to the Order

6 that was in existence, but to imply that there was no

7 such Order prior to the time this officer attended the

8 academy is incorrect. I object on those grounds.

9 MR. DE ROSE: Well, I surely did not mean that

10 implication by the question.

11 BY MR. DE ROSE:

12 Q What I'm suggesting is this particular Order

13 in front of you has an effective date prior to your

14 joining the police department and going through the

15 Academy, right?

16 A Yes. On Exhibit 20 the effective day is 15

17 August, 2003, which was prior to me entering the

18 Academy.

19 Q All right. Now, I want you to look down on

20 that first page under Department policy and look at

21 letter B. And it says, "Whenever reasonable, members

22 will exercise persuasion, advice, and warning prior to

175

1 the use of physical force." Do you see where I just

2 read?

3 A Yes, I see where you just read.

4 Q And the word physical is like in bold. Do

5 you notice that?

6 MR. POLICK: Where is this you're talking about?

7 MR. DE ROSE: On the first page under 2B.

8 MR. POLICK: Okay.

9 BY MR. DE ROSE:

10 Q Is the word physical in bold there on your

11 copy?

12 A It's slightly bolder.

13 Q All right. Now, go to Page 2. They have

14 that illustration No. 1. It looks like step things.

15 Were you taught about what the meaning of this

16 illustration No. 1 was when you were in the Academy?

17 A Yes.

18 Q So they distinguish between cooperative

19 subjects, resisters and I can't read that other word.

20 A Assailants.

21 Q Assailants, right?

22 A Correct.

176

1 Q And they taught you to distinguish the

2 differences, correct?

3 A Yes.

4 Q Let's go to Exhibit 21. This is General

5 Order 02-08-02. Have you received this General Order

6 from the Police Department over the period of your

7 training with the department?

8 A I believe throughout the training, that I

9 have received this Order.

10 Q All right. Let's go down it. First of all,

11 under Policy, under A it says, "Members will maintain a

12 courteous and professional demeanor when dealing with

13 the public." Were you trained that that was the way

14 you were supposed to do it?

15 A Yes.

16 Q And 2B, "Before taking any police action,

17 sworn members will identify themselves as police

18 officers unless identification would jeopardize the

19 safety of the member or others or compromise the

20 integrity of an investigation." You were trained in

21 that, also?

22 A Yes.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 45 of 144 PageID #:2521
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 177 to 180

177

1 Q All right. You tell us as you walked up to

2 this man, you thought he was incoherent; is that

3 correct?

4 A We believed that he was incoherent after

5 trying to have a conversation with him.

6 Q Did any of you officers identify yourself as

7 a Chicago Police Officer?

8 A I can't speak for Officer Guettler or Officer

9 Alamillo, because I don't recall. I know what Officer

10 Guettler spoke about to Mr. Lopez. I was in my Chicago

11 Police Department-issued vest with my star and my name

12 tag and my uniform, not in plain clothes. So I did not

13 verbally say that I was a police officer, although what

14 I was wearing is, how would you say, department15 mandated uniform for anybody working a beat.

16 Q Did you hear any police officer in your

17 presence at any time that night identify themselves as

18 a police officer?

19 A I can't speak for anybody else. I don't

20 recall myself saying that to Mr. Lopez.

21 Q And you thought Mr. Lopez was incoherent.

22 Did you believe that Mr. Lopez could understand what

178

1 you were saying to him?

2 MR. POLICK: Objection as to what Mr. Lopez

3 understood. You can answer over the objection.

4 THE WITNESS: I can't speak for Mr. Lopez and what

5 he comprehended what was going on. All I could speak

6 for is that I could not understand Mr. Lopez.

7 BY MR. DE ROSE:

8 Q Did you believe, because you could not

9 understand him and he was incoherent, that he couldn't

10 understand anything you guys were saying?

11 MR. POLICK: Objection. Calls for speculation.

12 He's not competent to answer what Mr. Lopez thought.

13 You can answer under the objection.

14 BY MR. DE ROSE:

15 Q I'm talking about your belief, not what you

16 thought.

17 MR. POLICK: That's a different question.

18 MR. DE ROSE: That's what I'm asking. Stop.

19 Would you re-read my question, please? And this is the

20 only one I want you to answer.

21 (The question was so read

22 by the court reporter.)

179

1 MR. POLICK: Why don't you restate it?

2 MR. DE ROSE: All right. Let me restate it.

3 BY MR. DE ROSE:

4 Q And just please try to answer this question.

5 Sir, because you perceived that Mr. Lopez

6 was incoherent, did you believe that he could not

7 understand what officers were saying to him at that

8 time?

9 MR. POLICK: Same objection. Calls for

10 speculation. You can answer.

11 THE WITNESS: Again, I can't speculate what Mr.

12 Lopez was thinking.

13 BY MR. DE ROSE:

14 Q Nobody is asking you that. I'm asking you

15 what you believe.

16 MR. POLICK: And he's answering you, so please let

17 him answer your question.

18 THE WITNESS: He appeared to be under the

19 influence of a substance. I have never been under the

20 influence of that substance, so I do not know whether

21 somebody can comprehend another individual when they

22 are speaking to him; therefore, I can't speculate how

180

1 Mr. Lopez comprehended or didn't comprehend us. All I

2 know is that he was incoherent to me.

3 MR. DE ROSE: Move to strike that answer as not

4 responsive.

5 BY MR. DE ROSE:

6 Q Is it fair to say then, you have no belief as

7 to whether he could understand you or not?

8 A It's fair to say that I don't know whether

9 Mr. Lopez could understand me or not.

10 Q Thank you.

11 All right. Now let's go down to Level of

12 Force Response Options Guidelines. "A. A cooperative

13 subject is a person who is compliant without the need

14 for physical force. And the following response options

15 are appropriate when dealing with a cooperative

16 subject:" You can use social control, police presence.

17 "Social control/police presence is

18 established through identification of authority and

19 proximity to the subject. Police presence may result

20 in conforming behavior."

21 A Yes, I was taught that.

22 Q I'm on to Page 2 now. "Social control/police

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 46 of 144 PageID #:2522
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 181 to 184

181

1 presence, used alone, is the only force option which is

2 appropriate for use with subjects who are cooperative

3 without the need for direction from law enforcement

4 personnel." Were you taught that?

5 A With subjects who were cooperative, yes, I

6 was taught that.

7 Q Then they have verbal control. "Verbal

8 control consists of persuasion, advice and warning. It

9 includes instruction or direction from a member in the

10 form of verbal statements or commands. Verbal control

11 may result in conforming behavior.

12 "Whenever practical, members will attempt

13 to de-escalate confrontations by utilizing verbal

14 control techniques prior to, during, and after the use

15 of physical force." Do you see that?

16 A Yes, I do.

17 Q And you were trained in that; is that

18 correct?

19 A Yes, I was.

20 Q If the man had been able to be understood by

21 you and said, "No, I do not want to go to the

22 ambulance," would you have just turned and walked away?

182

1 MR. POLICK: Objection. It's an incomplete

2 hypothetical and a hypothetical unsupported by any

3 facts heretofore in evidence, and therefore, it calls

4 for speculation. You may answer.

5 THE WITNESS: If an individual who didn't appear

6 to be a harm to himself and people around him could

7 convey that he did not need medical assistance, then it

8 is his right to deny it.

9 BY MR. DE ROSE:

10 Q We saw that earlier Illinois Code, a

11 statement that said if a person on the street refuses

12 your aide and assistance, you just walk away and your

13 activity is terminated, correct?

14 MR. POLICK: I'm going to object to the form of

15 the question, since I don't know what Illinois Code or

16 Statute you are referring to.

17 MR. DE ROSE: We looked at it earlier, but let me

18 turn back to the number.

19 MR. POLICK: Okay. If you could direct us to what

20 you're looking at, that would be helpful.

21 MR. DE ROSE: Okay.

22

183

1 BY MR. DE ROSE:

2 Q 14B. Turn again to 14B just for a moment.

3 You remember when we went through that earlier?

4 MR. POLICK: 14B?

5 MR. DE ROSE: I believe so. Let me turn to it in

6 mine.

7 MR. POLICK: I show 14B to be a Chicago Police

8 Department Special Order entitled Alcohol and Drug

9 Dependent Persons.

10 MR. DE ROSE: All right. That's not what I

11 wanted. Hold on.

12 BY MR. DE ROSE:

13 Q Yes, 14B. That's what I wanted to talk to

14 you about. That is a Chicago Police Department Special

15 Order of how you are to deal with alcohol and drug

16 dependent persons when you come upon them in the public

17 way, right?

18 A Yes, that's what the Special Order specifies.

19 Q Look under B, the very last sentence, and

20 there is a word in the middle that is all in caps. The

21 word is REFUSES. And the sentence reads, "If the

22 person REFUSES the assistance offered, no further

184

1 police action will be taken." Do you see that?

2 MR. POLICK: Again, object under the Rule of

3 Completeness. It's taken out of context. It's also

4 irrelevant, because this refers to a person being

5 intoxicated. You may answer over the objection.

6 THE WITNESS: Yes, I see that what you just read.

7 BY MR. DE ROSE:

8 Q All right. You think this Special Order only

9 applies to people who are intoxicated?

10 A 2B states in bold print, "intoxicated in a

11 public place."

12 Q Well, let's look at the top of that. Under

13 purpose, "This directive facilitates Department

14 compliance with the Alcoholism and Other Drug Abuse and

15 Dependency Act, (20 ILCS 301.)" Do you see that?

16 A Yes.

17 Q So you believe that this policy only concerns

18 alcohol dependence?

19 MR. POLICK: Objection. Misstates the witness's

20 testimony.

21 THE WITNESS: The way that I read it, I believe

22 that when the word intoxicated is involved, it means

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 47 of 144 PageID #:2523
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 185 to 188

185

1 alcohol.

2 BY MR. DE ROSE:

3 Q Have you ever heard of the principle that

4 when one is under drug use, they are intoxicated by

5 drugs?

6 A Through my training and knowledge, usually

7 when somebody is under drug use, it is described as

8 under the influence of drugs.

9 Q All right. That's just like you've been

10 trained when one is under the influence of alcohol,

11 it's under the influence of alcohol, right; the very

12 same kind of thing?

13 A Correct. But intoxicated has never been used

14 for somebody who was under the influence of drugs,

15 which is what Mr. Lopez displayed.

16 Q All right. Let me go back to where we were.

17 So you did not think it was at all

18 required for you officers there to see if he was

19 refusing your help in any way that night?

20 A As a police officer responding to the scene,

21 initially, that's the conversation, that was the

22 objective that we were trying to gain from talking to

186

1 Mr. Lopez.

2 Q But you, yourself, never tried to determine

3 if he was refusing any help or attendance of any kind?

4 A Of course I was. If my partner was asking

5 the questions, that doesn't mean that I wasn't

6 listening to the answer. And I made the assessment

7 that he was incoherent, under the influence of what I

8 believed to be PCP and cocaine; therefore, he could not

9 answer for himself whether he wanted to go or not. He

10 was not making any sense.

11 Q So in any event, there were several options

12 available to you to restrain him, for whatever reason

13 you might have, and limit his freedom of motion to put

14 him in the ambulance before you go to the level of

15 using a Taser, wasn't there?

16 MR. POLICK: Objection. It's irrelevant. You can

17 answer over the objection.

18 THE WITNESS: Again, my partner displayed some of

19 those techniques and attempted to persuade Mr. Lopez to

20 go to the ambulance.

21 BY MR. DE ROSE:

22 Q And neither you nor your partner or any of

187

1 the other men on the street that night tried to just

2 grab my client, overpower him and restrain his movement

3 and put him in the ambulance, did you?

4 MR. POLICK: Objection to the compound nature of

5 the question. It also misstates the witness's

6 testimony. You may answer over those objections.

7 THE WITNESS: Again, my partner, Officer Guettler,

8 approached to try to persuade Mr. Lopez, and as he

9 neared Mr. Lopez, Mr. Lopez flailed his arms and began

10 to direct --

11 BY MR. DE ROSE:

12 Q Sir, I'm going to interrupt.

13 MR. POLICK: No, you asked him a question, and

14 he's allowed to answer it.

15 MR. DE ROSE: This is not my question.

16 MR. POLICK: You asked him a compound question

17 that had about three or four parts to it. So if you

18 want to ask him a succinct question, do it, but you

19 cannot ask a compound question of that nature. I've

20 made my objection. I cannot tell the witness not to

21 answer that question, but you cannot cut him off of his

22 answer. If you want to ask a succinct question, go

188

1 ahead.

2 MR. DE ROSE: All right. I will withdraw the

3 question.

4 MR. YAMIN: I also want to make an objection on

5 different grounds, John.

6 I've been here for several hours, and

7 you've asked many questions. No one has interrupted

8 you. We have three defense counsel and a deponent, and

9 everyone has been polite and allowed you to ask your

10 questions in their entirety.

11 Now, I understand that you have issues

12 with some of the answers that the officer has given,

13 but he's entitled, as we all are, to make a record.

14 And if you want ultimately to move to strike an answer,

15 I understand that procedurally that's okay, but I think

16 as a matter of courtesy, that the deponent should be

17 allowed to speak his -- to give what he believes is a

18 complete answer. Then we have a record that if this

19 ever goes before a Judge, where the Judge can see what

20 the officer has said in its entirety, and the Judge can

21 assess whether your motion to strike or whatever your

22 objection is is based on.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 48 of 144 PageID #:2524
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 189 to 192

189

1 What I've seen repeatedly is the witness

2 being cut off and not allowed to complete his answer.

3 You're anticipating, in my opinion, that he's going to

4 give an answer that's unacceptable to you, and I don't

5 think that's right. I think he should get the

6 opportunity to complete his answer, and then you should

7 take it from there.

8 MR. DE ROSE: All right.

9 MR. YAMIN: I would appreciate that.

10 MR. DE ROSE: And I don't mean any disrespect to

11 either the deponent or his able counsel here, and I

12 know you're all very experienced.

13 BY MR. DE ROSE:

14 Q Sir, I'm going to withdraw that last question

15 and I'm going to ask a very little question.

16 I know that you've said now on the record,

17 and I don't think I've cut you off very many times.

18 We've heard many times what was in your head when you

19 took the action you took and what you thought and what

20 you observed. I'm going to ask very little questions,

21 and I want you to see if you can answer just my

22 question.

190

1 When I'm done, counsel can go back and ask

2 you why you answered any one of these questions a

3 certain way. But my questions will be very small. And

4 they are not asking for your philosophy or why you did

5 what you did, but what you did and what you observed,

6 that's all. Okay?

7 Sir, is it fair to say that neither you,

8 nor the other officers who you remember being right in

9 the vicinity at the time tried to grab and overpower

10 Jose Lopez before you deployed your Taser gun?

11 A It's fair to say that nobody tried to

12 overpower Jose Lopez. We tried to persuade him to go

13 into the ambulance.

14 Q All right, thank you.

15 And none of you used any of the lesser

16 weapons available to you before you used your Taser

17 that night; is that correct?

18 MR. POLICK: Objection to the relevance.

19 MR. YAMIN: This is where I was coming from that

20 led to, I think led to making as exhibits the CPD Use

21 of Force Models or, as you said, Directives.

22 I think that's an inaccurate

191

1 characterization of what the models show; also what the

2 directives show. There is no hierarchy, lesser to

3 greater, in terms of these other modes of compliance.

4 Under Exhibit 21, Roman Numeral III B and

5 2, so that's Pages 3 and 4 as they are numbered at the

6 bottom corner I think. Four techniques are listed

7 under little letters, small letters a, b, c and d.

8 And I want to go to number Roman Numeral III, capital

9 letter B, Arabic numeral 2, small letters a through d;

10 those are options that are listed as all of which are

11 equally available alternatives. They are not listed as

12 in terms of a hierarchy of use.

13 So it's not as if you use, according to

14 this directive, you can only use b if you've tried a,

15 you can only use c if you've tried b and a; you can

16 only use d if you use a, b and c. And that's from the

17 plain language of the directive.

18 So based on the exhibit itself on its

19 face, I object to the question.

20 MR. DE ROSE: All right. Counsel, I was getting

21 to that. I have not gotten there yet. I appreciate

22 your interpretation of it.

192

1 And for the record, we all know that the

2 Taser was added to this section much later than it was

3 originally. Don't we realize that the Taser was added

4 later?

5 MR. YAMIN: Well, I'm not sure what you mean by

6 later, but --

7 MR. DE ROSE: It wasn't in the original Special

8 Order when it was put out, was it?

9 MR. POLICK: He's just referring to the Addendum

10 on Page 6 and 7, George.

11 MR. YAMIN: Okay. I will read it. Yes.

12 MR. DE ROSE: All right. Well, we're off on a

13 tangent.

14 BY MR. DE ROSE:

15 Q Let me ask you, so you agree that although

16 you had handcuffs and you had OC spray, and your

17 partner had at least handcuffs and probably OC spray,

18 neither one of you suggested the use of it? Is that

19 fair to say?

20 A It's fair to say that my partner verbally

21 tried to gain compliance from your client.

22 MR. DE ROSE: Wait a minute, sir. Move to strike.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 49 of 144 PageID #:2525
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 193 to 196

193

1 Will you read back my question back?

2 (The question was so read

3 by the court reporter.)

4 THE WITNESS: At that time we didn't deal because

5 we wanted to assess the situation. The only way we

6 could do that was by talking to him. So no, we didn't

7 assume to use handcuffs or OC spray.

8 BY MR. DE ROSE:

9 Q And even lower on the use of force model

10 there are certain pain holds that you can use against

11 or striking stunning moves that you are trained that

12 you can use against an uncooperative subject or an

13 active resister, are you not?

14 A Yes.

15 Q And neither one of you, as far as you

16 remember it, tried to use any kind of a stunning blow

17 against him or a pressure hold or any kind of a grapple

18 with him?

19 A Given your client's actions, he didn't give

20 us the time to do that.

21 Q Sir --

22 A So we didn't have that as an option.

194

1 Q So by your answer, I guess you're saying no,

2 we didn't try to use a stunning action against your

3 client, correct?

4 MR. POLICK: Again, misstating the witness's

5 testimony. You can answer over the objection.

6 THE WITNESS: Again, your client did not give us

7 the option because of his actions.

8 MR. DE ROSE: Move to strike.

9 BY MR. DE ROSE:

10 Q Can you answer the question?

11 A I did.

12 Q Try yes or no.

13 A Every situation dictates a cause and a

14 reaction to how somebody acts.

15 If your client did not start to flail his

16 arms, did not start to throw clenched fists in the

17 direction of my partner and myself, when I already had

18 a Taser readily accessible because that was the nature

19 of the call, to assist requesting a Taser, I could have

20 used control tactics, I could have used grappling. But

21 since he went from an active resister to an assailant,

22 I was justified to use a Taser, especially when it was

195

1 readily accessible.

2 MR. DE ROSE: Move to strike that.

3 BY MR. DE ROSE:

4 Q My question to you is you never tried to use

5 a stunning technique that you were taught in the

6 Department; is that correct?

7 MR. POLICK: Objection. Asked and answered, and

8 it's irrelevant.

9 BY MR. DE ROSE:

10 Q Can you answer that yes or no?

11 A My answer is that your client didn't give me

12 that option.

13 MR. DE ROSE: All right. Move to strike.

14 BY MR. DE ROSE:

15 Q Is your answer also that you did not do that?

16 MR. POLICK: Did not do what?

17 BY MR. DE ROSE:

18 Q Try to use a stunning technique that you were

19 taught to use?

20 A Of course I did not do that. I didn't have

21 the opportunity to because of what your client acted.

22 MR. DE ROSE: All right. Move to strike

196

1 everything from beyond --

2 MR. POLICK: I'm going to object to the relevance

3 of other means of course.

4 MR. DE ROSE: All right. Let's go on.

5 BY MR. DE ROSE:

6 Q So when you said Taser Taser Taser, you were

7 expecting the officers to step back and leave my client

8 standing alone when you expelled your weapon, correct?

9 A I can't speculate what the other officers

10 were going to do. I said --

11 Q What did they do?

12 MR. POLICK: Objection. Let him answer your

13 question before you interrupt his answer with another

14 question. That's not fair. Let him answer your first

15 question, then you can ask him another question.

16 MR. DE ROSE: All right, counsel.

17 MR. POLICK: He's not interrupting you when you

18 ask your questions. He's patiently listening to your

19 questions and trying his best to answer them. You

20 can't cut him off by asking him another question in the

21 middle of his answer. That, sir, is inappropriate, and

22 I object to it, and I'm not going to tolerate it. And

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 50 of 144 PageID #:2526
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 197 to 200

197

1 you know what? We're going to take a break right now.

2 MR. DE ROSE: But before we do, we're going to

3 make my observation on the record.

4 I suggest that this gentleman is not

5 listening to the question; he's giving whatever answer

6 he wants. My questions are very simple, and he can say

7 yes or no to them. I'm not asking him for his reasons

8 why.

9 Go ahead. Take your break.

10 MR. POLICK: I object to your characterization of

11 my client's answers.

12 (There was a break taken, after

13 which the deposition was resumed

14 as follows:)

15 BY MR. DE ROSE:

16 Q All right, Officer. I want to take you back

17 to Exhibit 21 that's there in front of you which is the

18 General Order 02-08-02, okay?

19 A Got it.

20 Q And as counsel as I were noticing before, I

21 want you to go to Page 3. And under 2, it talks about

22 an active resister, and they describe, "A person whose

198

1 actions attempt to create distance between that person

2 and the member's reach. This type of resistance

3 includes gestures ranging from evasive movement of the

4 arms, through flailing arms, to full flight by

5 running." Do you see that?

6 A Yes, I do.

7 Q And you believe he was an active resister

8 because he was flailing his arms and made the fist that

9 you thought was going in the direction of your partner?

10 A That's incorrect. The fist that was going in

11 the direction of my partner made him an assailant.

12 Q An assailant, even higher?

13 A Correct.

14 Q All right. Well, let's look where they talk

15 about stunning. It's right underneath what I just

16 read. It says, "Stunning is diffused-pressure striking

17 or slapping and is an attempt to increase control by

18 disorienting the subject and interfering with the

19 subject's ability to resist." Do you see that?

20 A Yes.

21 Q By the way, at the moment you were

22 confronting my client, did you have the power to place

199

1 him under arrest?

2 A It was never our objective to place your

3 client under arrest.

4 Q Did you have any reason to place him under

5 arrest as you were talking to him and before the

6 flailing of arms?

7 A No. Our whole objective was to transport him

8 to a medical facility and seek treatment.

9 Q And of course, if he refused that, you did

10 not have authority seize him, correct?

11 MR. POLICK: Objection to the hypothetical, not

12 supported by the evidence. You may answer over the

13 objection.

14 THE WITNESS: Your client was incoherent, so we

15 could not tell whether he refused it or accepted it.

16 BY MR. DE ROSE:

17 Q Did you ask your partner if he understood my

18 client?

19 A I was standing next to my partner when he was

20 talking to your client. I did not understand what your

21 client was saying. And a conversation between me and

22 my partner never took place.

200

1 Q So the answer is you never asked your

2 partner, did you understand the words and the sounds he

3 just used?

4 A No, that conversation never took place.

5 Q All right. So let's go on.

6 Now, when you pulled the trigger on the

7 Taser, were you directly in front of my client?

8 A Yes.

9 Q And your partner was off to which side of

10 you?

11 A I believe it was to my right side.

12 Q And where was the other officer?

13 A Again, I don't recall where Officer Alamillo

14 was positioned at the time that your client began to

15 flail his arms.

16 Q All right. Do you believe he was out of your

17 view; the only one in front of you was my client?

18 A It's safe to say that since I can't recall

19 where he was standing, then he was out of my view. I

20 could see Mr. Lopez and my partner attempting to engage

21 in a conversation with your client.

22 Q All right. But on the basis of the questions

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 51 of 144 PageID #:2527
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 201 to 204

201

1 or answers you gave me earlier, you believe you were on

2 the same street as where the ambulance was, because

3 your partner gestured to the ambulance, correct?

4 MR. POLICK: Objection. Misstates the witness's

5 testimony. You may answer over the objection.

6 THE WITNESS: I never said where the ambulance

7 was. My partner just gestured to where the ambulance

8 was. The approximate location where the ambulance was

9 located, I don't recall.

10 BY MR. DE ROSE:

11 Q The ambulance wasn't even in your view when

12 you confronted my client, was it?

13 A I don't recall.

14 Q Well, when you say your partner gestured to

15 the ambulance, did you see him pointing or gesturing to

16 wherever the ambulance was situated?

17 A If my partner gestured to the ambulance, I

18 would assume that my partner was gesturing to the

19 direction where, the general vicinity where the

20 ambulance was located.

21 Q And you don't know if it was completely

22 around the corner from where you were and a block away

202

1 from where you were, do you?

2 A That given situation, my whole focus was

3 centered on Mr. Lopez.

4 Q All right. Now, can you answer my question?

5 Where you were situated when your partner

6 gestured, you don't know if you were around the corner

7 and a block, a total of one full block away from where

8 the ambulance was situated?

9 MR. POLICK: Objection. Asked and answered. He

10 can answer over the objection.

11 THE WITNESS: Again, since I was centered on Mr.

12 Lopez, and I don't recall the ambulance being there,

13 then I don't know where the ambulance was located

14 precisely.

15 BY MR. DE ROSE:

16 Q All right. Very good.

17 So in any event, when you discharged the

18 Taser, the two prongs struck my client on the front of

19 his body, somewhere in center mass, correct?

20 A That's correct.

21 Q And what happened to my client when that

22 happened?

203

1 A Your client collapsed to the floor.

2 Q All right. The floor, or the street?

3 A The ground beneath him, the street.

4 Q All right. And did he fall forward onto his

5 face area, or how did he fall?

6 A I don't specifically recall how your client's

7 body fell to the street.

8 Q Were you still looking at him at the time?

9 A My eyes were always on your client. I just

10 don't recall, because of the amount of time that has

11 passed since the actual occurrence, of how your client

12 fell to the street.

13 Q All right. When he fell, did you see his

14 head strike the pavement of the street?

15 A When he collapsed, I saw his body collapse to

16 the street. I can't recall if I saw a particular body

17 part strike anything.

18 Q All right. By a collapse, do you mean he

19 just like slithered down, or he actually went forward,

20 backward or to his side, straight down?

21 A My idea of collapse is his body went from

22 standing in an upright position, collapsing down to the

204

1 street. I don't recall which movement and which

2 direction each body part was taking. All I know is

3 that after I tasered Mr. Lopez, he fell, he collapsed

4 to the street.

5 Q You heard a loud thud when his head hit the

6 street pavement, didn't you?

7 MR. POLICK: Objection. Argumentative. Assumes

8 facts not in evidence. You may answer over the

9 objection.

10 THE WITNESS: I do not recall hearing a thud.

11 BY MR. DE ROSE:

12 Q And you don't know what part of his body hit

13 the pavement first?

14 MR. POLICK: Objection. Asked and answered. You

15 may answer over the objection.

16 THE WITNESS: I do not recall which part of his

17 body made contact with the ground first after he

18 collapsed.

19 BY MR. DE ROSE:

20 Q Did you notice him breaking his fall with his

21 hands in any way?

22 A I did not notice that action.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 52 of 144 PageID #:2528
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 205 to 208

205

1 Q Did it appear to you that he did not break

2 the fall when he hit the street?

3 A Again, after I deployed the Taser in the

4 direction of Mr. Lopez, all I saw was his body

5 collapse, not in any specific manner, to the street.

6 Q All right. And then did you go up to him and

7 take the Taser darts out of his body?

8 A No, I did not.

9 Q What did you do?

10 A The probes are not to be taken from the

11 subject that's been tased by a Department member. The

12 probes are to be taken out by somebody with a medical

13 background, either a paramedic, nurse or doctor.

14 Q You weren't trained in your Taser training of

15 how to take the barbs out?

16 A The actual probes you're speaking of?

17 Q Yes.

18 A We were trained to cut it, inventory it,

19 along with the Taser cartridge. We were never trained

20 to pull probes out of subjects that have just recently

21 been tased.

22 Q All right. So you've never yourself tried to

206

1 extract the actual dart from the body?

2 MR. POLICK: Objection. Asked and answered. You

3 can answer over the objection.

4 THE WITNESS: No, I haven't.

5 BY MR. DE ROSE:

6 Q All right. So did you walk up to him and cut

7 off the lines from the darts?

8 A No. I believe initially, we handcuffed Mr.

9 Lopez.

10 Q Well, when he fell, was he face-down, or was

11 he on his side or his back?

12 A I don't recall the position that he was on

13 the street. All I know is that we handcuffed him, to

14 my knowledge.

15 Q Whose handcuffs were used?

16 A I don't recall whose handcuffs were used.

17 Q But only one person's handcuffs?

18 A Only one pair of handcuffs. I don't know

19 whose.

20 Q Well, did you have to the three of you rush

21 him and get on top of him?

22 A Nobody rushed Mr. Lopez. After his body

207

1 collapsed to the ground, someone handcuffed him to gain

2 physical control of him because of his behavior prior

3 to being tased.

4 Q All right. I don't want to jump through

5 this.

6 When you went up to him, did you have to

7 turn him over and put his hands behind his back in

8 order to handcuff him?

9 A Again, I don't recall the position that he

10 was in when I approached him after tasing him.

11 Q Was he handcuffed with his hands in front of

12 him or behind him?

13 A I don't recall. All I know is that I believe

14 we handcuffed him. I do not know what position he was

15 handcuffed in.

16 Q Protocol with the Chicago Police Department

17 is to handcuff someone behind their back, right, if

18 possible?

19 A Yes, the operative phrase being if possible.

20 Every situation dictates a different method.

21 Q And you didn't make any notes, mental notes

22 or part of your police report, of whether he was

208

1 handcuffed in front of his back or behind his back?

2 A I don't recall knowing whether he was

3 handcuffed in front or behind, so I don't recall

4 whether I made reports specifying that.

5 Q All right. The three of you that you

6 remember being there, were all three of you in contact

7 with Jose Lopez's body when he was being positioned to

8 be handcuffed?

9 A I don't recall.

10 MR. YAMIN: Object to the form.

11 BY MR. DE ROSE:

12 Q Do you recall just standing there while

13 someone else did the handcuffing?

14 A Again, I don't recall.

15 Q Jose Lopez let out a very loud sound right

16 after you tasered him, and he hit the ground, didn't

17 he?

18 MR. POLICK: Objection. Argumentative, assumes

19 facts not in evidence. You may answer over the

20 objection.

21 THE WITNESS: Again, I don't recall any sound

22 following me tasering your client and him collapsing to

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 53 of 144 PageID #:2529
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 209 to 212

209

1 the ground.

2 BY MR. DE ROSE:

3 Q Was he still making incoherent words and

4 sounds as he was being handcuffed?

5 A I do not recall.

6 Q Were his eyes open after you handcuffed him?

7 A I don't recall.

8 Q Then did you stand him up and walk him back

9 to the ambulance?

10 A I believe the paramedics brought a gurney

11 over to the area where Jose Lopez's body collapsed to

12 the street and they placed him on the gurney,

13 restrained him, and then that's when we, I believe we

14 took the handcuffs off.

15 Q All right. Where did the paramedics come

16 from with the gurney that they brought over to where

17 you were?

18 A I don't recall any paramedics during the

19 occurrence of me tasing Jose Lopez, so it's a safe

20 assumption that they came from behind me.

21 Q But somewhere behind you; you don't know if

22 it was around the block or anything?

210

1 A I don't know the exact location.

2 Q All right. When they came up, was one of

3 them a female paramedic and one of them a male

4 paramedic?

5 A Again, I don't recall the gender of the

6 paramedics.

7 Q Did any firemen come up to you at the time?

8 A Again, I don't recall any firemen being on

9 the scene.

10 Q Is it fair to say that you yourself never

11 came into physical contact, nor did my client come into

12 physical contact with you that night before you

13 deployed your Taser?

14 A Yes, it's fair to say.

15 Q Is it fair to say that my client never came

16 into physical contact with your partner or any other

17 police officer there that you saw prior to your

18 deploying your Taser?

19 A Your client's actions made us feel in fear of

20 our well-being, as well as the well-being around

21 others. So he never physically came into contact with

22 us, but that's also not to say that he wasn't

211

1 attempting to come into contact with us; hence, that's

2 why I deployed the Taser.

3 MR. DE ROSE: Move to strike the answer, because

4 I'm going to see if I can get a clean answer to the

5 question. I move to strike it as non-responsive.

6 Would you read my question back and see if

7 he can just answer that question?

8 (The question was so read

9 by the court reporter.)

10 THE WITNESS: There's no way that I can answer

11 that without articulating why he did not come into

12 contact with us, because of the behavior of your

13 client.

14 BY MR. DE ROSE:

15 Q So you're not able to answer the question, is

16 that what you're saying?

17 A No, I'm able to answer the question, just it

18 can't be answered as a simple yes or no.

19 Q All right, Officer. We'll see if someone

20 else agrees with you later on that point.

21 But anyway, was my client kicking and

22 flailing any more after he hit the pavement on that

212

1 street?

2 A Again, I don't recall the position that your

3 client fell and collapsed to the street, nor do I

4 recall any movement of your client.

5 Q You don't recall any movement. Could it have

6 been that there was absolutely no movement by him?

7 A I can't speculate, because if I don't recall,

8 then there could have been and there couldn't have

9 been. So I just don't recall of him moving after being

10 tased.

11 Q Well, when the paramedics came up, did you

12 just go away, or did you stay there to see what they

13 were doing?

14 A I cut the wires to the Taser and observed the

15 paramedics lift Jose Lopez into a gurney.

16 Q They were, just the two of them picked his

17 body up and put him on the gurney?

18 A My best recollection, yes.

19 Q And was he still handcuffed when they put him

20 onto the gurney?

21 A I don't recall whether he was uncuffed prior

22 or after being restrained in the gurney.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 54 of 144 PageID #:2530
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 213 to 216

213

1 Q Who uncuffed him?

2 A I don't recall.

3 Q Would you expect it would be the officer

4 whose handcuffs they were?

5 A Not necessarily.

6 Q All right. Do you know if you used your

7 handcuffs that day?

8 A I don't recall using my handcuffs.

9 Q I mean on this event?

10 A Correct. I don't recall using my handcuffs

11 on that given event.

12 Q And you don't know whose handcuffs were used?

13 A That's correct.

14 Q Do you remember ever touching my client's

15 body that day at any time yourself with your hands in

16 any way, or any other part of your body?

17 A Immediately preceding the Taser?

18 Q Either immediately preceding the Taser, or

19 after?

20 A I remember assisting nurses at Mt. Sinai

21 Hospital to restrain him in a hospital bed.

22 Q All right. We'll get into that part.

214

1 Out there on the street, is it fair to say

2 you don't remember as you sit here now, ever coming

3 into physical contact with my client's person?

4 A I don't recall placing hands on your client.

5 Q Now, who picked up the gurney?

6 A I don't recall.

7 Q Were any police officers involved in picking

8 up the gurney, if you know?

9 A I do not know.

10 Q All right. And somebody walked from where

11 you had tased him back to where the ambulance was,

12 carrying the gurney with him on it?

13 A Please repeat the question.

14 Q Well, was this gurney on wheels, or is it one

15 that you pick up and walk with?

16 A I believe it was on wheels.

17 Q All right. So he was wheeled back to the

18 ambulance, correct?

19 A Correct.

20 Q Did you accompany the wheeling of him in the

21 gurney back to the ambulance?

22 A I was in the general area, yeah.

215

1 Q And you kind of walked with them as somebody

2 pushed the gurney along?

3 A I wouldn't say I necessarily walked with

4 them. They pushed the gurney towards the ambulance,

5 and I was in the area. I don't recall how far the

6 ambulance was and how long I walked along them, if I

7 walked along them at all.

8 Q Well, were you there when they put the gurney

9 into the ambulance?

10 A Again, I was in the general area.

11 Q Did you see any other people on the street in

12 that general area where the gurney was going into the

13 ambulance?

14 A Only the officers that I've mentioned and the

15 two paramedics.

16 Q Two paramedics and your partner and one other

17 officer?

18 A No. My partner, Officer Guettler, Officer

19 Valdovinos, Officer Alamillo, Officer Gonzales, Officer

20 Valenzuela and Sergeant Kearns.

21 Q Where were they all situated when you

22 remember seeing them on the scene?

216

1 A They were in the general area of the scene.

2 I don't know specifically where they were,

3 approximately.

4 Q Did Sergeant Kearns arrive on the scene

5 before you walked up to my client?

6 A I don't recall seeing Sergeant Kearns prior

7 to engaging in a conversation or attempting to engage

8 in a conversation with Mr. Lopez.

9 Q But you did engage in conversations with

10 Sergeant Kearns at some time on the scene, didn't you?

11 A I don't recall speaking to Sergeant Kearns on

12 the scene. All I know is that he was there.

13 Q Being your Superior Officer on the street

14 that night on your shift, if he had told you, "Do not

15 use your Taser on this man," would you have followed

16 that order?

17 A My getting a direct order from an immediate

18 Supervisor? No, because I think I was justified to use

19 it.

20 Q So you would have just ignored his order?

21 A We don't need permission from a Sergeant to

22 deploy a Taser, especially if the subject that's being

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 55 of 144 PageID #:2531
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 217 to 220

217

1 tased has the capacity to cause great bodily harm or

2 death to my part, myself, or other people around him.

3 Q So I know you don't need authority from your

4 Supervisor to use the Taser. But if your Sergeant

5 tells you, "When you approach that man, do not use the

6 Taser," are you obliged to follow that order?

7 MR. YAMIN: Objection. Incomplete hypothetical.

8 MR. POLICK: Join in the objection. You can

9 answer.

10 THE WITNESS: It completely depends on when he

11 tells me prior to me reaching him. Does he tell me

12 when I'm 30 feet away from your client and I don't know

13 that he seems to be under the influence of what I, in

14 my experience, believe to be PCP and I've had run-ins

15 with people with PCP? Or is he telling me right when

16 he flails his arms? There are different scenarios that

17 can happen which would dictate how I would react to

18 that type of demand.

19 BY MR. DE ROSE:

20 Q As you walked up with your Taser, did you

21 hide the fact that you had the Taser out and at the

22 ready from the two officers whom you remember walking

218

1 up with you to Jose Lopez?

2 MR. YAMIN: Objection to form.

3 MR. POLICK: Join. You may answer.

4 THE WITNESS: No, I didn't hide it, because

5 Officer Alamillo who accompanied us to talk to Mr.

6 Lopez is the one that requested the Taser.

7 BY MR. DE ROSE:

8 Q And you understood he wanted the Taser, and

9 you there to use the Taser in order to get Jose Lopez

10 in that ambulance, correct?

11 A That is incorrect. He did not want to use

12 the Taser. He requested the Taser --

13 Q How do you know that?

14 A Because we talked when he gave me a synopsis

15 of the events that were going on, and our objective was

16 to get him medical treatment, so we tried to persuade

17 him into the ambulance.

18 Q All right. Did the officer who you were

19 talking to before you went up to my client say, "We

20 don't want to use the Taser if we don't have to?"

21 A He didn't specify.

22 Q All right. As you walked up with the Taser

219

1 visible to those officers, the two that you remember on

2 the scene, neither one of you told you, "Do not use the

3 Taser, did they?"

4 A I don't recall having a conversation like

5 that with the other two officers.

6 Q All right. And when you said Taser Taser

7 Taser, did the Sergeant or any of the other police

8 officers who you know were on the scene say, "Do not

9 tase him?"

10 A Again, I did not know the Sergeant was on the

11 scene prior to me tasing him. I saw him after the

12 Taser incident occurred. And I did not hear anybody

13 say anything. All I remember was me giving the command

14 Taser Taser Taser.

15 Q All right. And so no other officer was on

16 the scene trying to intervene and stop you from tasing

17 my client, as understand it; is that correct?

18 MR. POLICK: Objection to the incomplete

19 hypothetical. Assumes facts not in evidence. You may

20 answer over the objection.

21 THE WITNESS: The only officer that I can speak

22 for is my partner, Officer Guettler, and he was

220

1 avoiding getting struck from your client, so he did not

2 say anything.

3 BY MR. DE ROSE:

4 Q All right. Nor did the other officer next to

5 you say, "Don't use the Taser," correct?

6 A I don't recall if there was even an officer

7 next to me. All I recall is me, Officer Guettler and

8 Mr. Lopez.

9 Q All right. But the other Officer Alamillo,

10 you never heard him saying, "Don't use the Taser?"

11 A I never heard anybody.

12 Q Of any of those officers on the scene?

13 A I didn't hear anybody utter those words.

14 Q All right, thank you.

15 As my client laid on that gurney, was he

16 moving?

17 A I don't recall.

18 Q You don't recall if his arms were flailing or

19 his legs were flailing or anything like that?

20 A Well, it would be hard for his arms or legs

21 to flail, because he was restrained, but I don't recall

22 any movement.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 56 of 144 PageID #:2532
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 221 to 224

221

1 Q Well, who restrained him?

2 MR. POLICK: Objection. Asked and answered.

3 THE WITNESS: The paramedics.

4 BY MR. DE ROSE:

5 Q And how did they restrain him on the gurney?

6 A The way that I've seen paramedics restrain

7 other individuals on the gurney, it's a strap that goes

8 across the body at certain portions of your body.

9 Q And you're just giving that answer from your

10 usual recollection, or do you remember the various

11 belts and restraints actually being applied to my

12 client that night?

13 A I don't recall particularly. I'm giving you

14 an assumption of what I have experienced in other

15 situations, so I don't recall with Mr. Lopez

16 particularly.

17 Q All right. When Mr. Lopez was loaded into

18 the ambulance, do you remember anybody protesting about

19 the fact that you folks had tasered him out there on

20 the street?

21 MR. YAMIN: Objection to form; "you folks"

22 particularly.

222

1 MR. POLICK: Join in the objection. You can

2 answer.

3 BY MR. DE ROSE:

4 Q By that I meant you police officers.

5 MR. YAMIN: I still object.

6 MR. POLICK: Join in the objection. You may

7 answer.

8 THE WITNESS: Did any police officers protest?

9 MR. DE ROSE: No, no. It's a bad question, and I

10 think counsel's right.

11 BY MR. DE ROSE:

12 Q Did you see any civilians, people who you

13 could tell were not police officers, protesting the

14 fact that Jose Lopez had been tasered and put on the

15 gurney?

16 MR. YAMIN: Objection, form.

17 MR. POLICK: Join. You may answer.

18 THE WITNESS: The only civilian that I recall on

19 the scene throughout the duration of the occurrence was

20 an Hispanic female, but I don't recall her saying

21 anything to that extent.

22

223

1 BY MR. DE ROSE:

2 Q Did she say anything that you heard?

3 A Again, I don't recall her saying anything to

4 me in particular. I can't speak for any other

5 officers.

6 Q Did you ever talk to her yourself?

7 A No, I did not.

8 Q You don't know her name?

9 A At the time of the occurrence? No, I did

10 not.

11 Q Do you know it now?

12 A I would have to refer to my notes. I don't

13 know it off the top of my head.

14 Q Do you have your notes with you?

15 MR. POLICK: You mean the reports?

16 THE WITNESS: Yes, the reports.

17 BY MR. DE ROSE:

18 Q Your report, or other people's reports?

19 A Other people's reports, the people that were

20 at the scene, the reports that were generated.

21 Q You've looked at your reports before coming

22 here, haven't you?

224

1 A Yes.

2 Q Can we turn, I think it's Exhibit 6.

3 MR. YAMIN: Can we go off the record for just a

4 second?

5 (There was a discussion held off

6 the record, after which the

7 deposition resumed as follows:)

8 BY MR. DE ROSE:

9 Q Now, Exhibit 6 we have placed in front of you

10 is an Officer's Battery Report. Is this a report -- it

11 looks like it was generated on the computer. Are you

12 the one who generated this report?

13 A Yes.

14 Q All right. And you've got your name first on

15 Officer Information, right?

16 A Correct.

17 Q All right. And if you go over to the

18 Incident Information, you have the box checked

19 outdoors; and address of occurrence, 3038 West 25th

20 Street. Do you see that?

21 A I do.

22 Q Does that refresh your memory as to the

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 57 of 144 PageID #:2533
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 225 to 228

225

1 location in the geographical area of the 10th District

2 where you had this event with Jose Lopez?

3 A Obviously, since this report was made not

4 long after the incident, this address would probably be

5 more accurate than what I recall. I still don't

6 recall -- I know that he was on the street. I still

7 don't recall whether he was on 25th Street or Albany.

8 Q Well, but if you put that address in there,

9 why would you put that 25th Street address if you

10 weren't actually at that location?

11 MR. POLICK: Objection. Misstates the witness's

12 testimony. You can answer over the objection.

13 THE WITNESS: Earlier I stated that I don't recall

14 where I was at. But since this report was generated

15 only moments after the incident, it would be more fresh

16 in my mind, so that is a more accurate address.

17 BY MR. DE ROSE:

18 Q All right. And if one is standing in the

19 street at that address, one cannot see the address on

20 Albany that was initially communicated in the dispatch,

21 can they?

22 MR. POLICK: Objection as to what someone else can

226

1 see. You may answer over the objection.

2 BY MR. DE ROSE:

3 Q You. I'm talking about you, you couldn't

4 see?

5 A I would have to physically be standing at

6 3038 West 25th Street to see if I could see the address

7 on Albany. I can't answer that.

8 Q And right now you don't know; is that

9 correct?

10 A I'm saying I can't answer it.

11 Q All right. And the date of occurrence you've

12 got as 22 July, 2011 at 3:54 P.M. Because this was

13 more fresh in your memory at the time, are you

14 satisfied that that was the time you deployed the

15 Taser?

16 A Again, I can't answer. If I generated the

17 report and it said 3:54 A.M., that means that I

18 generated the Officer's Battery Report at 3:54 A.M. I

19 don't know.

20 Q So is this the time you generated the report?

21 A That's the time that I initially thought,

22 after it occurred, is what the time I felt it happened,

227

1 is what I'm trying to say.

2 Q And you were trying to be as accurate as you

3 could, weren't you?

4 A Yes.

5 Q And then your next line, it says day of week

6 and you've got Friday. You're satisfied that at that

7 time you would be careful to put the right day of the

8 week that this occurred at 3:54 A.M., right?

9 A I would have to look at a calendar, but if it

10 was Friday, it was Friday. If it was another day, then

11 it was an oversight on my part. But I'm satisfied that

12 it was Friday.

13 Q All right. And then on number of officers

14 battered, you put the number 1. Do you see that?

15 A Yes.

16 Q Who was the officer who was battered?

17 A My understanding of the actual field that

18 says number of officers battered was the fact of

19 officers completing an Officer's Battery Report, so I

20 placed 1, because nobody else was completing an

21 Officer's Battery Report.

22 Q You saw no officers that night battered, did

228

1 you?

2 A Are you asking me if your client struck any

3 of my fellow officers or myself? Is that what you're

4 asking?

5 Q I can't answer questions.

6 Do you know the definition of the word

7 battery?

8 A Yes.

9 Q What do you understand it is?

10 A It's to inflict harm upon somebody through

11 physical contact.

12 Q All right. And I thought you told us earlier

13 that you saw no officer battered or have physical

14 contact from my client. Am I correct?

15 A Yes.

16 Q All right. So why did you put the number 1

17 in there of number of officers battered?

18 A Because when I was finishing the report, my

19 understanding of what they were asking for were people

20 that weren't battered, but they were filling out an

21 Officer Battery Report, so I put 1 because I was the

22 only one filling out an Officer Battery Report.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 58 of 144 PageID #:2534
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 229 to 232

229

1 Q All right.

2 A It was a mistake on my part.

3 Q I see. So where it says number of officers

4 battered, you only put down the number of officers you

5 knew were filling out a Battery Report?

6 A Under my understanding, yes. That was my

7 understanding at the time.

8 Q All right. And that night you filled out

9 this report that evening before you went off duty,

10 right?

11 A That's not correct.

12 Q When did you --

13 A Before I went off duty?

14 Q Yes.

15 A Oh, I thought you asked before I went on

16 duty. Yes, before I checked off and went off duty, I

17 filled out the report, that's correct.

18 Q You were required to do that by Special

19 Orders of the Chicago Police Department, weren't you?

20 A Yes, it's protocol.

21 Q And did your Supervisor, the Sergeant, tell

22 you you have to fill out an Officer's Battery Report

230

1 before you go home?

2 A No. It's just something that I knew I had to

3 do.

4 Q All right. And then it says were there

5 assisting units on the scene, and you fill out the box

6 that says yes. Do you see that?

7 A Yes.

8 Q And then the next question is if yes, how

9 many assisting officers were present at the time of the

10 battery, excluding you or your partner, and you put a

11 number 7. Where did you get that number from?

12 A I might have misread it and did not see

13 excluding you and your partners, because there were

14 seven of us there. There was a lot happening at the

15 time, and I had to inventory Taser complete a TR, as

16 well as an Officer Battery Report. So I probably

17 assumed there were seven of us, which is the seven that

18 I recall being at the scene.

19 Q There weren't as many as nine of you at the

20 scene?

21 A Sitting here right now today, I don't recall

22 any more than seven police officer.

231

1 Q By the way, this report that you did that

2 night, your Sergeant, Supervising Sergeant, he had to

3 approve it that night before you left work, didn't he?

4 A I believe that an Officer's Battery Report is

5 approved by the Watch Commander, which is Lieutenant

6 Dubiel.

7 Q So you didn't show this to Sergeant Kearns?

8 A I don't recall if I did or not.

9 Q All right. And then it says manner of

10 attack, and they've got several boxes; shot, shot at,

11 stabbed, cut, struck with a blunt force, and then

12 finally they have other, including verbal threats. Do

13 you see that?

14 A Correct.

15 Q And that's the one that you put down here,

16 including verbal threats, correct?

17 A Correct.

18 Q What verbal threats did you hear Jose Lopez

19 utter out of his mouth?

20 A In the report it says other. It doesn't

21 specify including verbal threats. They are just using

22 that as an example. So it doesn't necessarily mean

232

1 that I was verbally threatened by your client.

2 Q My question is, did you hear my client utter

3 a single verbal threat to anyone that night?

4 A I heard your client utter words and sounds

5 that I could not make out, so no.

6 Q All right, thank you.

7 Now, look down at type of activity on the

8 other side, and you have checked one box called

9 disturbance - mental patient. Why did you fill out

10 that box?

11 A I'm sorry, where?

12 Q Under type of activity.

13 A Okay.

14 Q And you checked the box disturbance - mental

15 patient. Why did you pick that box?

16 A I checked that box because that was the only

17 option that I felt described what the actual incident

18 was pulled for. It was pulled for a mental health

19 transport; so I tried to make it coincide with the

20 initial report, so I put disturbance - mental patient.

21 Q Well, did you think you were going over there

22 to that scene to treat a mental patient?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 59 of 144 PageID #:2535
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 233 to 236

233

1 A I don't recall knowing what I was going -- I

2 knew I was going over there per a request for a Taser.

3 That's why there are so many options. And the reports

4 are done after the occurrence.

5 Q All right. But did anybody that night tell

6 you that Jose Lopez was a mental patient?

7 A No. The report that was generated by Officer

8 Alamillo was a mental health transport, so I assumed

9 that that was the closest description of my type of

10 activity, was disturbance - mental patient. That's why

11 I checked that box.

12 Q So it's fair to say, although that box is

13 checked, no one ever that night told you that Jose

14 Lopez was a mental patient to be transported to a

15 mental facility?

16 A The box that was checked was the most

17 accurate type of activity that I was given in that

18 field.

19 Q Well, you've got disturbance - other.

20 My question still stands, and it is, is it

21 fair to say that no one that night described Jose Lopez

22 to you as a mental patient?

234

1 A The only person I spoke to on the scene was

2 Officer Alamillo, and I don't recall him saying that he

3 was a mental patient.

4 Q All right. So you picked that particular box

5 describing a mental patient because you thought it was

6 the most ethical, applicable box in that particular

7 portion, correct?

8 A Due to the actions that we took afterwards by

9 generating a report regarding a mental health

10 transport, yes, I did.

11 Q Did you believe this was a mental health

12 transport?

13 A Yes. Our objective was to seek medical

14 treatment for Mr. Lopez. And our objective was still,

15 even after a Taser was deployed on your client, was to

16 seek him medical treatment.

17 Q In your training, is a mental health

18 transport the same thing as a medical transport?

19 A I don't understand what you're trying to ask

20 me.

21 Q I'm asking you, when you transport people who

22 have not exhibited any mental problems, do you still

235

1 call them mental patients because you're transporting

2 them to the hospital?

3 A In my experience, I believe that the closest

4 title that can be used for transporting somebody to the

5 hospital, and the most justifiable one, is the mental

6 health transport, because that is the report that is

7 generated for him.

8 I do not believe, I could be wrong, that

9 there is a medical health transport.

10 Q All right. And then they ask for type of

11 injury to officer. When you see these kinds of

12 questions, did it dawn on you that they wanted you to

13 describe a battery on a police officer, not just an

14 officer filling out a Battery Report?

15 A When I see these questions, I looked at the

16 options and I chose the most apparent option, which at

17 the time was none apparent/none.

18 Q So by now as you're working through this

19 report, did you realize this was to be a report by an

20 officer who had suffered a battery or observed a

21 brother officer suffer a battery?

22 A No, because they would not give me the option

236

1 of none apparent or none at all for type of injury to

2 officer.

3 Q All right. So that didn't click anything off

4 for you, right?

5 A No, it did not.

6 Q All right. And then on the offender

7 information, you write male, white Hispanic, and the

8 date of birth of 8 May, 1962. Where did you get that

9 information from?

10 A I believe that I would have had to have

11 talked to the person that generated the original

12 report, which is Officer Alamillo.

13 Q So Officer Alamillo had some kind of a

14 document from the man that told you his date of birth

15 was 8 May, 1962?

16 A I don't recall how Officer Alamillo obtained

17 that information.

18 Q All right. On your report I don't see where

19 you've named the man. Is there a place where you name

20 him?

21 A I don't see a specific field where you have

22 to name the individual. He's named in the Tactical

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 60 of 144 PageID #:2536
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 237 to 240

237

1 Report that we make that's attached to this.

2 Q All right. There's another report that goes

3 with it, correct?

4 A Correct, a TR.

5 Q And there's a field here for a CB number, and

6 that would be a central booking number if you were

7 generating a report to arrest somebody, correct?

8 A If somebody was in custody, yes, we would

9 have generated a CB number.

10 Q And you didn't generate a CB number for this

11 case because this man was not under arrest; is that not

12 true?

13 A That's correct, he was not under arrest.

14 Q All right. And there's also a field for an

15 IR number, and that's an Individual Registered number

16 for anybody who had any kind of a history with the

17 police. You didn't fill a number in there either, did

18 you?

19 A It doesn't appear that I did.

20 Q Did you try to get -- you didn't try to get a

21 CB number because you weren't arresting him, right?

22 A Yes. Our objective was never to arrest Mr.

238

1 Lopez.

2 Q Did you try to get his IR number, if he had

3 one, when you filled out this report?

4 A I can't recall. I would assume that I would

5 try to fill out the report as complete as possible, and

6 a number of things could have been an issue. Maybe a

7 computer wasn't working, maybe it was running too slow,

8 maybe I just couldn't find it; hence why the field is

9 empty.

10 Q Look at the next question that you were asked

11 for an answer to. Was the offender's activity drug

12 related, and you checked unknown. Why did you pick

13 that?

14 A Because I have no medical experience.

15 If they were to ask me was the offender's

16 activity the activity of somebody who might be under

17 the influence of drugs through your past experiences,

18 then yes, I would have checked yes. But since I don't

19 have medical experience, nor do I have a background in

20 medicine, I checked unknown because I felt that that

21 was the most efficient out of the three options that I

22 had.

239

1 Q You understood that each of you police

2 officers are expected to fill this out, and the vast

3 majority of you don't have medical experience, right?

4 A Yes.

5 Q And they are asking you, was the offender's

6 activity drug related, and you said unknown. Did you

7 believe his activity was drug related?

8 A Reading the report, I put unknown because I

9 don't have that professional opinion. I don't have the

10 background in that to be definite and say. I can only

11 assume and have reasonable suspicion that he might be

12 under the influence, which is what I assumed.

13 Q All right. Besides filling out that

14 Officer's Battery Report, you are required by Police

15 Special Orders to fill out a Tactical Response Report

16 when you discharge a fire weapon, right, a firearm?

17 A You have to fill out a Tactical Response

18 Report for many reasons, yes.

19 Q All right. Exhibit No. 7. Now, this,

20 Officer, is another report you filled out before you

21 got off duty that day, right?

22 A That's correct.

240

1 Q And down on the bottom, although these are,

2 because they are computer-generated, you don't sign

3 them any more, but you filled it out on the 22nd of

4 July, 2011 at 4:52 and 36 seconds on that day, right,

5 36/l00ths of a second?

6 A That's when I submitted it, yes.

7 Q All right. And it looks like just six

8 minutes later, Sergeant Kearns signed, having reviewed

9 your report and approving it, correct?

10 A By reading the report, yes, that's what it

11 looks like.

12 Q All right. So let's look at the information

13 you put in this. At the very top, again you say the

14 date of the incident was 22 July, 2011 at 3:54 A.M. in

15 the morning, right?

16 A Yes, that's what it says.

17 Q And again, you put down the address 3038 West

18 25th Street, Chicago, Illinois, 60623. Did you get

19 that address from Sergeant Kearns, or someone else, to

20 put in there?

21 A I don't recall where I had gotten the

22 address. Personally in my past experiences I would

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 61 of 144 PageID #:2537
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 241 to 244

241

1 have written the address down in an approximate, like a

2 specific location when an incident occurred, so I

3 probably wrote that down individually.

4 Q So did you like have a notebook out there on

5 the street with you that you were making notes so you

6 could --

7 A I have pieces of paper that we call contact

8 cards when we come into contact with somebody, and I

9 usually just jot down something on those contact cards.

10 I don't have a note pad, per se.

11 Q So you make hand pen-written and printed

12 entries on these contact cards?

13 A I'm saying that in my past experiences,

14 that's what I've done. I don't recall if that's what I

15 did here in particular, but that's something that I

16 would have done in an incident like this.

17 Q Where is the contact card that you would have

18 done in this case?

19 A I discarded it, because I already used the

20 information that I wrote down on it and applied it to

21 the report that I needed.

22 Q When you say discarded, you threw it away?

242

1 A Yes, I discarded it. I had no further use

2 for it.

3 Q Sergeant Kearns didn't tell you to keep every

4 note that you make about this event?

5 A Seeing that the only note that I made was the

6 address of occurrence, if that's what I did, I don't

7 recall. All I'm saying is that in past experiences

8 that's what I would have done in an incident such as

9 this. So if I did do that, I discarded it.

10 Sergeant Kearns being a visiting Sergeant,

11 I don't recall him having any conversation like that

12 with me.

13 Q All right. Now let's look at the third line.

14 Well, first of all, on the second line you

15 indicate on that night you were 6'2" and 225 pounds.

16 Was that an accurate description of you that night?

17 A Yes, that's fairly accurate.

18 Q All right. And if you go to the next line,

19 it indicates that your unit and beat of assignment was

20 the 10th District and car 1011R, correct?

21 A Correct.

22 Q And that was all accurate, right?

243

1 A Yes.

2 Q And then if you look over a couple, first it

3 says you were on duty. That's accurate, right?

4 A Yes.

5 Q And then the question is member injured, and

6 you struck the section that says no, right?

7 A Yes, under member injured I checked no.

8 Q Because to your knowledge, no police officer

9 was injured that night, right?

10 A Well, the report specifies just me, not any

11 other police officers, so it was the member that's

12 generating the report injured and I put no, because I

13 was not injured.

14 Q Is there any place on your report to say if

15 the man who you used the Taser on is injured?

16 A Yes. It's under subject information.

17 Q All right. We'll get to that. Here we go.

18 First of all, you've got the name of Jose

19 A. Lopez. Where did you get that name and that middle

20 initial?

21 A I would assume Officer Alamillo, who was

22 generating the original report.

244

1 Q Did you write that down on the contact card

2 so you would have it when you went to write your

3 report?

4 A I believe we were both in 10th District doing

5 the reports at the same time, so I might have just

6 asked him.

7 Q I see. So were you both like in one room at

8 the same desk filling out your separate reports?

9 A I don't recall what computers we were using

10 at the time, but I believe that we were both in the

11 10th District.

12 Q And as you're filling out the report, do you

13 ask him do you have anything that gives us this

14 fellow's name?

15 A I would ask him, when I come to the subject

16 information, what the subject's last name, first name

17 and middle initial was, if he had that information

18 obtained.

19 Q And you remember actually looking at

20 identification that he had taken from Jose Lopez?

21 A I don't recall where he obtained the

22 information, or where he was looking. He told me that

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 62 of 144 PageID #:2538
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 245 to 248

245

1 the last name was Lopez, the first name was Jose, who

2 had a middle initial A as in Adam.

3 Q All right. I take it that it was Officer

4 Alamillo that told you his date of birth was 8 May,

5 1962, right?

6 A In my past experiences, if I were to fill out

7 a TR or an Officer Battery Report, information that I

8 need, I would go directly to the person generating the

9 original report, which was Officer Alamillo.

10 Q So he gave you that information, right?

11 A I can't recall specifically, but there's a

12 good chance that it was him that gave it to me.

13 Q And had you measured Jose Lopez, or where you

14 put the height and weight of the man on the report, is

15 that in some kind of an identification document that

16 you and Alamillo were sharing together?

17 A Again, that information that I asked Officer

18 Alamillo, I don't know where he obtained the

19 information, but he gave me a height of 5'6" and a

20 weight of 180.

21 Q And if you were 6'2" and he was 5'6", that

22 would make him what, six inches shorter than you, or

246

1 eight inches?

2 A Approximately eight inches shorter than me.

3 Q And approximately 45 pounds lighter than you?

4 A My weight of 225 and his weight of 180, yes,

5 I'm 45 pounds heavier than Mr. Lopez.

6 Q All right. You put on here the address 2451

7 South Albany Avenue, Chicago, Illinois, 60623 for

8 Mr. Lopez, correct?

9 A That's what it says on the report, yes.

10 Q So if we look at the address of the

11 occurrence you have at the top of 3038 West 25th Street

12 and compare it to the address of 2451 South Albany

13 Avenue, can you tell us approximately how far apart

14 those two addresses are?

15 A Again, I wouldn't be able to give you an

16 approximate distance of how far the address of the

17 occurrence was from the actual address of Mr. Lopez.

18 Q All right. And how did you settle on that

19 address of 2451 South Albany as the man's residence

20 address?

21 A Again, it would be information that I

22 obtained from whoever was creating the original report.

247

1 Q If, as a matter of fact, Jose Lopez lived

2 with his wife and children in Summit, Illinois, not at

3 that Chicago address, that's something you did not

4 know; is that fair to say?

5 A It's fair to say that the residence address

6 Jose Lopez was 2451 South Albany, which I obtained from

7 another officer.

8 Q All right. And you leave the telephone

9 number blank. Is that because you couldn't find a

10 phone number for him anywhere?

11 A I would assume that if I left the field

12 blank, it's because I didn't have that information to

13 write in there.

14 Q All right. In the next box, box 30, you were

15 asked was the subject armed, and you choose the box no,

16 correct?

17 A Correct.

18 Q After you tased him, did you search him?

19 A I do not recall searching him.

20 Q Well, it would be good police work not to put

21 a man in a gurney that's to be put in an ambulance if

22 he has a gun or any kind of a weapon on him, on his

248

1 person; isn't that right?

2 A Usually by protocol, what we would do if the

3 man is not under arrest is do a protective pat-down for

4 weapons. And after tasing Mr. Lopez, I believe someone

5 did a protective pat-down for weapons, or he would not

6 have entered and been allowed into the ambulance.

7 Q All right. But did you watch the patting

8 down of him?

9 A I can't answer for any other police officers.

10 I know that I did not perform the protective pat-down

11 for weapons.

12 Q So the answer is you don't remember watching

13 the pat-down?

14 A I don't recall a protective pat-down by the

15 officers that were on the scene.

16 Q All right. And then your next box, the

17 question asked, subject injured, and you answer no.

18 Why did you put that on there?

19 A Because I saw no visible sign of injury on

20 Mr. Lopez.

21 Q Well, were his eyes open? Was he still

22 talking?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 63 of 144 PageID #:2539
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 249 to 252

249

1 A Immediately after tasing him, I don't recall

2 if his eyes were open. That information was more

3 geared towards when I went to the hospital after Mr.

4 Lopez was dropped off by Chicago Fire Department

5 paramedics.

6 Q While you were in the hospital, how long did

7 you stay there that night?

8 A I don't recall.

9 Q As much as an hour or two?

10 A No, not that long. I was there strictly to

11 help restrain Mr. Lopez into a hospital bed and assist

12 the nurses. So a matter of minutes.

13 Q Did you stay when the doctors came in to

14 examine him?

15 A No, I never spoke to a doctor.

16 Q Did you follow up within the next day or two

17 to find out that Jose Lopez had a fractured skull and

18 was bleeding internally in his brain?

19 A I was not privy to that information after the

20 incident.

21 Q Did you ever learn that?

22 MR. POLICK: Objection to anything he may have

250

1 discussed with his attorney that's protected by

2 attorney/client privilege. And I would direct the

3 witness not to answer anything that infringes upon that

4 privilege.

5 If you want to rephrase your question to

6 put it outside that realm, Mr. DeRose, then I will

7 allow him to answer.

8 MR. DE ROSE: All right. That's fair enough.

9 BY MR. DE ROSE:

10 Q Did any of the officers who were out there on

11 that scene that night ever tell you that they learned

12 that Jose Lopez got a fractured skull that night and

13 had several brain surgeries as a result of internal

14 bleeding, starting with the very next day?

15 MR. POLICK: Again, I'm going to object on the

16 grounds of attorney/client privilege, since I represent

17 all the officers in this case. So if you want to

18 qualify your question and ask him in such a way that is

19 just, for example, have you heard from anyone other

20 than your attorney, I'll allow him to answer the

21 question.

22 MR. DE ROSE: All right.

251

1 MR. POLICK: But if you're going to not qualify

2 it, then I'm going to direct him not to answer on the

3 grounds of privilege.

4 BY MR. DE ROSE:

5 Q And sir, if I'm not making myself clear by

6 any question I ask you at any time in this deposition,

7 I never want to know what you and your august attorneys

8 are discussing with you. I only ever want to know

9 statements you are learning from members of the Chicago

10 Police Department or civilians who might talk to you

11 about Jose Lopez, and that's all. I want you to have

12 that clearly in your head. I am not ever trying to

13 gather from you what you and your lawyers talk about.

14 A Understood.

15 Q All right.

16 Did any officer or civilian tell you that

17 Jose Lopez had a fractured skull when they brought him

18 to the hospital?

19 A I do not recall anybody saying anything

20 regarding Jose Lopez and any injury the minute that he

21 was tased to the minute that I left the hospital, or

22 the minute that I finished the report.

252

1 Q It says where was medical treatment obtained,

2 and you've got Mt. Sinai Hospital. You went there,

3 right?

4 A Correct.

5 Q And obviously, your partner went with you?

6 A He did not -- I do not believe that he came

7 into the hospital with me.

8 Q So he just drove with you there and waited in

9 the car?

10 A Correct, because I was not going to take a

11 long time. We had to come back to the station to

12 finish our reports.

13 Q And then it says by whom, and you have the

14 name Dr. Orellana, O-r-e-l-l-a-n-a. Where did you get

15 that name?

16 A Again, it's probably information that I

17 received from the original officer who generated the

18 original Case Report.

19 Q And that officer is Officer --

20 A Alamillo.

21 Q Did Officer Alamillo tell you that he talked

22 to Dr. Orellana that night?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 64 of 144 PageID #:2540
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 253 to 256

253

1 A I didn't ask him. The field asked by whom

2 was medical treatment obtained, and he said Mt. Sinai

3 Hospital and Dr. Orellana.

4 Q All right. But did he tell you that Dr.

5 Orellana said the man has a skull fractured and is

6 bleeding internally?

7 A I don't recall Officer Alamillo ever telling

8 me any conversation that he would have had with Dr.

9 Orellana, if he had one.

10 Q And you did not ask the doctor any questions?

11 A I did not have a conversation with Dr.

12 Orellana.

13 Q All right. And then you've got condition,

14 hospitalized, and under influence. Do you see that?

15 A Yes.

16 Q Why did you check the box under influence?

17 A Because I thought that it was a field that

18 was appropriate what I felt was happening at the time.

19 Q Under influence of what?

20 A It doesn't specify. He had behavior and

21 demeanor that could have been similar to someone under

22 the influence or under the influence of drugs, under

254

1 the influence of any other type of narcotic; PCP,

2 cocaine. That's what I assumed.

3 Q How about alcohol?

4 A I can't answer for Mr. Lopez, because I don't

5 know how he acts when he's under the influence of

6 alcohol. Through my training and my experience, when I

7 deal with somebody that displayed the same behavior as

8 Mr. Lopez, usually that meant that they were under the

9 influence of a narcotic, which would be mainly PCP or

10 cocaine.

11 Q But no doctor that night told you that Jose

12 Lopez was under the influence of a narcotic or PCP, did

13 he?

14 A Again, I don't recall having a conversation

15 with any doctor.

16 Q No nurse or no paramedic or anybody else ever

17 said to you that night, as you were making out this

18 report, the man was under the influence of a narcotic

19 or a drug or alcohol or anything, did they?

20 A Well, the initial request for police from CFD

21 was CPD for drug overdose. So after coming back to the

22 station and filling out my reports, what I generally do

255

1 is I print this out. So that was originally the nature

2 of the call.

3 Q All right.

4 A But nobody specifically -- I didn't have a

5 specific conversation with anybody that said that.

6 Q All right. And then they want to see what

7 the subject's actions were, and you struck two boxes;

8 did not follow verbal directions. Do you see that?

9 A Yes.

10 Q And the verbal directions you're talking

11 about are the persuasive suggestions by your partner,

12 "Why don't we go over to the ambulance and get you some

13 help," right?

14 A Yes, that could be one of the verbal

15 directions that we used, yes.

16 Q Well, were there other verbal directions that

17 he refused to follow?

18 A I can't speak for anybody else. All I know

19 is my conversation that my partner had with him

20 generally was revolved around, "Hey, let's try to get

21 you some help, let's go to the ambulance," which he did

22 not follow.

256

1 Q All right. So that was the only verbal

2 direction you had in mind when you wrote this report?

3 A That is the only verbal direction that I saw

4 him not follow personally.

5 Q Then you strike another box under subject's

6 actions, you marked the box he stiffened and was dead

7 weight. Why did you put that in there?

8 A Well, in my previous experiences, when

9 somebody stiffens their body, they are clenching their

10 fists, they are making their body tighter, and it's

11 more of an agressive manner when they stiffen. They

12 don't allow anybody to get compliance through any type

13 of escort hold or anything like that, anything of that

14 nature.

15 So I observed him stiffening, meaning that

16 his fists were clenched. I don't know what kind of

17 position his arms were in. All I remember is that his

18 fists were clenched, and when my partner approached him

19 to try to persuade him to go in the ambulance, that's

20 when he upgraded from passive resister to an assailant.

21 Q You never saw the man as dead weight until

22 after you tasered him though; is that fair to say?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 65 of 144 PageID #:2541
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 257 to 260

257

1 A Dead weight is more of an example. I mean

2 it's not a definition of stiffened.

3 Q You didn't mean to say that you thought he

4 was trying to be dead weight so you couldn't take him

5 into custody?

6 A I'm sorry. Repeat that question, please.

7 Q You are not saying that the man made himself

8 dead weight to resist your taking him into your

9 physical control, did you?

10 A Again, I don't know if he was dead weight.

11 Dead weight is just an example used to describe stiff

12 and not to define it.

13 Q All right. And now here in this report if we

14 go down further we say that you give the Taser dart

15 numbers. Do you see that, X00-565370?

16 A I do.

17 Q Now, is that the number of the gun, or the

18 actual darts?

19 A That's the model number of the Taser itself.

20 Q The Taser gun?

21 A Yes.

22 Q So although it says Taser dart, the

258

1 individual darts don't get actual numbers, do they?

2 A That I do not know.

3 Q All right. And then it says weapon serial

4 number. This is the number that's on the Taser weapon?

5 A Yes.

6 Q And where is that Taser dart number that you

7 got?

8 A The dart number?

9 Q Yes, X00-565370?

10 A It's usually underneath -- I can't recall

11 whether it's a serial number or the model number that's

12 underneath the handle, and then there's one along the

13 frame or the slide underneath that, but I can't recall

14 which one is which.

15 Q All right. And just a little lower it says

16 who fired first shot, member or offender, and you

17 indicate member. Do you see that?

18 A Yes.

19 Q And as a matter of fact, no one else fired a

20 shot that night but you; isn't that correct?

21 A It asks who fired the first shot, and I

22 checked member, which was me. That's correct, nobody

259

1 else.

2 Q All right. And down in case information it

3 says notifications, OC or Taser incident. That would

4 be OC spray, right?

5 A Yes.

6 Q And notifications are the place that you have

7 to notify that you discharged your Taser?

8 A That's correct.

9 Q What's OEMC, the first box you checked off?

10 A That's our dispatch unit. We go over the

11 air. We give them a beat number of who deployed the

12 Taser.

13 Q All right. The very next entry -- first of

14 all, OEMC, what do those initials stand for?

15 A It's operations command. I mean I don't know

16 exactly what the initials for OEMC stand for. I know

17 that it's our dispatch unit.

18 Q All right. And then the very next box,

19 you've checked that, and it says Desk Sergeant and

20 Watch Commander, District of Occurrence, and you've

21 checked that off?

22 A Yes.

260

1 Q That they were also notified?

2 A Yes. If I checked it off that means they

3 would have been notified.

4 Q But that particular X in that box, was that

5 hand-made? Because it doesn't look to be quite as

6 clear as the other boxes you're filling out. Did you

7 fill that out after the fact?

8 A I can't recall. All I know is that I checked

9 the box saying that I notified the Desk Sergeant Watch

10 Commander, District of Occurrence.

11 Q Are you knowledgeable of what happens with

12 these Tactical Response Reports and the Officer's

13 Battery Reports after you fill them out?

14 A I know that copies are sent to different

15 places. I don't know what is done with them

16 afterwards.

17 Q Do you know if a Criminal Register number, a

18 CR number, was taken out on this case concerning your

19 activities that night?

20 MR. POLICK: Again, if you're going to qualify

21 that with regard to information other than, have you

22 heard from anyone other than your attorney, I'll allow

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 66 of 144 PageID #:2542
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 261 to 264

261

1 him to answer.

2 MR. DE ROSE: All right.

3 MR. POLICK: If you're going to keep it

4 unqualified, then I'm going to direct him not to

5 answer.

6 MR. DE ROSE: All right. Then I want to qualify

7 so that I don't ever draw that kind of an inference

8 from you.

9 BY MR. DE ROSE:

10 Q Every question I ask you only concerns

11 information you get from sources other than your

12 attorneys. Do we have that understanding together?

13 And I'll try to remember to qualify it, so let me do

14 it. Now I'll qualify it.

15 Other than any conversation you may have

16 had with your attorneys, did you ever learn that there

17 was a Criminal Register number taken out on the

18 activities that police officers had with Jose Lopez on

19 that evening?

20 A I don't recall the CR number.

21 MR. POLICK: I think you misspoke, John. I think

22 you said Criminal Register number. It's Complaint

262

1 Register number. There's no criminal charge here.

2 MR. DE ROSE: I apologize.

3 MR. POLICK: That's all right.

4 MR. DE ROSE: I've probably done that a few

5 million times in my life, Joe.

6 BY MR. DE ROSE:

7 Q Did Sergeant Kearns ever talk to you that

8 night about what happened out there?

9 MR. POLICK: Again, other than in the presence of

10 your attorney.

11 BY MR. DE ROSE:

12 Q Other than in the presence of your lawyers?

13 A While I was in the 10th District generating

14 the TRR and OBR reports, I had a conversation with

15 Sergeant Kearns where I gave him a synopsis of what

16 happened and what occurred.

17 Q Did he say he saw what happened when it

18 happened?

19 A I don't recall Sergeant Kearns saying

20 anything of that nature. All I remember in general is

21 telling him what occurred on my end.

22 Q Did he tell you he was out on the scene

263

1 before you deployed your Taser?

2 A I don't recall Sergeant Kearns saying

3 anything to that extent. All I know is since he had to

4 approve the TRR report, he asked me what happened, I

5 gave him a quick synopsis, and that was that.

6 Q Did you tell him that the man never touched

7 anyone on the street?

8 A I told him that my partner, Officer Guettler,

9 and myself were in fear of receiving a battery or great

10 bodily harm, and that's why I tased him because he went

11 from being a -- he went to become an assailant.

12 MR. DE ROSE: All right. Move to strike.

13 BY MR. DE ROSE:

14 Q That's not my question.

15 A But that's what I told him.

16 Q Thank you.

17 A You're welcome.

18 Q My question is, did you tell the Sergeant

19 that the man never touched anyone on the street in your

20 presence?

21 A My Sergeant asked me what happened. I told

22 him what happened and why I deployed the Taser. My

264

1 Sergeant never asked me if anybody touched me or not.

2 Q All right. So I take it you never

3 volunteered the fact that you and the other officers

4 were never touched in any way?

5 A I gave the information that my Sergeant asked

6 for.

7 Q So the answer is no, I never told him that we

8 were not touched in any way?

9 A I don't recall my Sergeant ever asking me

10 that, so I don't recall ever saying it.

11 Q All right. Did your Sergeant that night, he

12 went to the hospital too, didn't he?

13 A I don't recall whether he was at the hospital

14 or not.

15 Q But there were other officers at the hospital

16 besides you, weren't there, who had been out at the

17 street?

18 A The only officer I recall at the hospital was

19 Officer Alamillo, because it's protocol; if you are

20 generating the original report, you have to get such

21 information as the doctor's name and the condition of

22 the subject.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 67 of 144 PageID #:2543
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 265 to 268

265

1 Q What condition did he tell you he got of Jose

2 Lopez when he was at the hospital from the doctor?

3 A I asked him was he injured because that was

4 relevant to my report, and I don't believe, I did not

5 see any visible sign of injury. And I asked him for

6 what the doctor's name was, and his condition was that

7 he was hospitalized and under the influence.

8 Q All right. You kind of answered a little

9 different.

10 Did you ask him what condition the doctor

11 said the man was in when he examined him?

12 A When an officer generates an original report,

13 those are questions that they would ask him. I don't

14 recall whether I asked him that specific question.

15 Q Have you ever seen a police report generated

16 in this case that the man had a skull fracture and was

17 hemorrhaging from his brain?

18 A I don't recall any visible sign of injury, so

19 I don't recall any reports stating such a degree.

20 Q He looked fine to you, didn't he?

21 A Hence why I said no visible sign of injury.

22 Q And you never went back to visit him in the

266

1 hospital and see that half of his skull was missing,

2 did you?

3 MR. POLICK: Objection to the form of the

4 question. It's compound.

5 THE WITNESS: I never visited Mr. Lopez again.

6 BY MR. DE ROSE:

7 Q And did you ever inquire, without anything to

8 your lawyers, did you ever inquire of anybody what

9 happened to that man I tased and they took to Mt.

10 Sinai?

11 A Seeing that he had no visible sign of injury

12 at the time of the occurrence, I don't recall I ever

13 inquired how he was doing thereafter.

14 Q All right. Before you got a lawyer in this

15 case, you were served with a copy of the Complaint,

16 were you not?

17 A I believe I was.

18 Q Did you read it?

19 A I believe I did.

20 Q And did you notice that the day following

21 your tasering of him, that his skull was cut open and a

22 flap of his skull was placed in his stomach and a

267

1 quarter of his brain was cut away?

2 A I don't recall that specific description. I

3 know that I obtained such a document, I know that I

4 read it over, but I can't recall specifically what was

5 in the document.

6 Q Well, did you see references of what they

7 did, before they started to talk about the Counts on

8 the facts of the case, what the doctors at Mt. Sinai

9 Hospital did to him over the next several months?

10 A I don't recall what was done to Mr. Lopez

11 after the incident.

12 Q Did you notice in the Complaint the assertion

13 that Mr. Lopez has been in a coma for several years?

14 MR. POLICK: I would object to the form of the

15 question. You call it an assertion that's in the

16 Complaint. It's an allegation to which this officer

17 has responded to in his Answer.

18 MR. DE ROSE: All right.

19 BY MR. DE ROSE:

20 Q By the way, you read your Answer before you

21 signed it, right?

22 MR. POLICK: Objection. The defendant is not

268

1 required to sign the Answer to the Complaint.

2 MR. DE ROSE: All right. And that's true.

3 BY MR. DE ROSE:

4 Q Did you read the Answer that was filed in

5 your behalf in this Complaint, in this case?

6 A I believe I did, but I don't recall

7 specifics.

8 Q All right. And this is Exhibit 51.

9 Exhibit No. 51, it says on the first page

10 are Defendant Stevan Vidljinovic's Answers to

11 Plaintiff's First Set of Interrogatories. Did you

12 review this before even considering signing it?

13 MR. POLICK: All right. Let me make my objections

14 here.

15 First of all, his name is Vidljinovic.

16 Secondly, you were asking him questions about his

17 answer to the Complaint in this case and various

18 allegations in the Complaint. We now have before the

19 defendant what's been marked as Plaintiff's Exhibit 51,

20 which is Defendant Vidljinovic's Answers to Plaintiff's

21 First Set of Interrogatories. So this is a document

22 that is different than what you were previously asking

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 68 of 144 PageID #:2544
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 269 to 272

269

1 him about.

2 MR. DE ROSE: That is correct.

3 MR. POLICK: Take your time and look at it.

4 MR. DE ROSE: Yes. Take a moment. And I'm not

5 trying to tell you this is a copy of the Complaint.

6 That's Exhibit No. 1, but I'm not going to show you

7 that today, or we'll never get done.

8 BY MR. DE ROSE:

9 Q Sir, did you sign this document, Page 12?

10 A Yes.

11 Q And you negate that you were first duly sworn

12 on oath, and state that you've read the foregoing

13 document and the answers made herein are true, correct

14 and complete, to the best of your knowledge and belief,

15 correct?

16 MR. POLICK: Did you say that he negate, or he

17 stated?

18 MR. DE ROSE: I'm sorry. He stated. If I said

19 negate I apologize.

20 MR. POLICK: It sounded like it. I might be

21 wrong. It's been a long day.

22

270

1 BY MR. DE ROSE:

2 Q Do you remember signing that on the 31st of

3 January, 2013?

4 A It shows that I did sign it 31 January, 2013,

5 yes.

6 Q Before a Notary Public, right?

7 A Yes.

8 Q And your eminent lawyer, was he with you to

9 sign right after you, Mr. Gallardo?

10 A I don't recall whether he was with me or not,

11 but it seems that he has signed it.

12 Q All right. I want you to go back. I want to

13 just look at one question and answer with you. Go to

14 Page 3. And the Interrogatory that you're being asked

15 to answer is Interrogatory No. 5. And it says, "For

16 the individually-named defendants, please describe in

17 detail your interactions with Jose Lopez, including any

18 physical contact you had with him."

19 And your answer is, "Officer Vidljinovic

20 objects to this Interrogatory as vague as to the term

21 'interactions,' and requesting detailed information

22 that is more properly the subject of a deposition.

271

1 Subject to and without waiving these objections,

2 Officer Vidljinovic states that when he was on the

3 scene he observed the plaintiff pacing and mumbling,

4 and that plaintiff appeared to be under the influence

5 of some substance.

6 "Officer Vidljinovic observed his partner,

7 Officer Guettler, try to speak with the plaintiff, but

8 plaintiff did not respond and at some point walked

9 away.

10 "When Officer Guettler tried to escort

11 plaintiff by the arm, plaintiff became combative,

12 clenched his fists and started swinging. Officer

13 Vidljinovic tased plaintiff to protect his partner and

14 other officers."

15 Just that far, is that the way you

16 remember this happening, or the way you've been telling

17 us today?

18 MR. POLICK: Objection to the form of the

19 question, but you can answer over the objection.

20 THE WITNESS: As opposed to the specifics that I

21 didn't recall whether he was pacing, the subject was

22 mumbling. We could not comprehend him.

272

1 My partner, Officer Guettler, tried to

2 speak with the plaintiff and persuade him into an

3 ambulance, which he did not respond.

4 Here it states that at some point he

5 walked away. Again, I don't recall whether he was

6 pacing, or whether he was walking away. The elements

7 that I do recall are that my partner attempted to have

8 a conversation with him, he began to become combative

9 and swing his arms.

10 BY MR. DE ROSE:

11 Q All right. So let me ask on each of those,

12 I'm going to break it down a little bit.

13 Where you signed this document attesting

14 to its accuracy, it says in this answer when you were

15 on the scene, you observed the plaintiff pacing and

16 mumbling. You didn't tell us anything about pacing

17 today, did you?

18 A I said I did not recall whether he was

19 pacing. I recalled him standing on the street.

20 Q All right. Why did you sign this, the

21 truthfulness of this document, if you did not observe

22 Jose Lopez pacing?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 69 of 144 PageID #:2545
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 273 to 276

273

1 A Reading --

2 MR. POLICK: Objection to the form of the

3 question. It misstates the witness's testimony. You

4 may answer over the objection.

5 THE WITNESS: Reading the Interrogatory and

6 signing it in January, early this year, the events were

7 more fresh in my mind. Asking me the questions today,

8 I sufficiently supplied you with all the elements that

9 I did observe. And if I did not observe something or I

10 couldn't recall, I simply stated that I couldn't

11 recall. That doesn't mean that he wasn't facing, and

12 that doesn't mean that he didn't pull away. This given

13 date and time, I just don't recall.

14 Q All right. Today you don't recall. But if

15 this was taken many months ago and you attested to its

16 accuracy, would you believe that this description is

17 more accurate than the one you gave today during your

18 deposition so far, that you actually observed him

19 pacing and mumbling?

20 A Reading it today, yes, I believe that there

21 is a fair assumption that this might be more accurate.

22 The elements that I did pose to you --

274

1 Q And I don't want to know about --

2 A I just want to finish really quick. Can I

3 finish?

4 Q No, because you've answered my question.

5 A Well, I have to articulate myself in order to

6 answer.

7 Q Well, you've answered enough.

8 MR. POLICK: No, you can't cut him off, John. You

9 can move to strike, but you can't cut him off.

10 MR. DE ROSE: All right. I'll move to strike.

11 MR. POLICK: But you can't move to strike when he

12 hasn't answered.

13 MR. DE ROSE: Okay. I move to withdraw the

14 question.

15 MR. POLICK: Okay. You can move to withdraw the

16 question.

17 MR. DE ROSE: Thank you.

18 MR. POLICK: You're welcome.

19 BY MR. DE ROSE:

20 Q Now. Very simply, is your memory now

21 refreshed, as you look at this document, that you

22 observed my client pacing when you first walked up to

275

1 him?

2 A Reading this now, seeing that I have signed

3 it, I would say that it is accurate that I probably

4 observed the plaintiff pacing and mumbling.

5 Q Is your memory now refreshed as to how he was

6 pacing?

7 A It's still not refreshed. I don't recall how

8 he was pacing and if he was pacing at all. All I know

9 is that if I answered the Interrogatory No. 5 as he was

10 pacing, then he was.

11 MR. DE ROSE: Thank you. Move to strike the rest

12 of the plaintiff's answer after he indicated he doesn't

13 recall how my client was pacing.

14 MR. POLICK: My client is not the plaintiff in

15 this case. He is the defendant, named defendant in

16 this case. So you can't strike something that he

17 isn't. He's not the plaintiff.

18 MR. DE ROSE: If I made an observation of him as a

19 plaintiff, I apologize to you. I mean to strike all of

20 the deponent's answer after he indicated that he did

21 not recall how my client was pacing, because that

22 really was all I was asking.

276

1 BY MR. DE ROSE:

2 Q All right. Let's go down a little further.

3 You wrote in this document and attested to

4 it that Officer Guettler tried to escort plaintiff by

5 the arm. Do you see that?

6 A Yes.

7 Q Earlier on in this deposition I specifically

8 asked you if you observed your partner take hold or

9 grab Jose Lopez's arm or elbow and gently try to escort

10 him over to the ambulance. Do you remember that?

11 A I remember you asking that question, yes.

12 Q And you indicated that he did not, did you

13 not, in the deposition?

14 MR. POLICK: Objection to the form of the

15 question. Double negative, compound.

16 MR. DE ROSE: All right. Let me withdraw it.

17 BY MR. DE ROSE:

18 Q You want to change your earlier answers in

19 this deposition, seeing this answer that you have

20 attested to, indicating now that your partner tried to

21 escort my plaintiff by the arm?

22 MR. POLICK: Objection to the form of the

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 70 of 144 PageID #:2546
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 277 to 280

277

1 question.

2 If you're trying to impeach him, it's an

3 improper impeachment, and it misstates the witness's

4 testimony. He's not trying to change his answers here;

5 I think he's trying to explain them to you. So again,

6 I'll object to the form of the question. It's improper

7 impeachment.

8 MR. DE ROSE: All right. I'll withdraw the

9 question.

10 BY MR. DE ROSE:

11 Q Is your memory now refreshed that your

12 partner tried to escort Jose Lopez by the arm?

13 A Reading this document today, there is a

14 chance that Officer Guettler tried to escort Mr. Lopez

15 by the arm.

16 Q And do you believe that the observation

17 you're making in this Answers to Interrogatories is

18 more properly accurate than the testimony you gave

19 earlier today, because you signed this document months

20 ago?

21 A I believe that the testimony that I gave

22 today was truthful about the elements that you asked,

278

1 and I tried to answer the questions as best as I could.

2 Since this documentation was taken and I signed off on

3 it months ago, there is a chance that this might be

4 more accurate.

5 Q All right. What arm did your partner take

6 hold of on Jose Lopez that night?

7 A Reading this, I don't recall what arm. And

8 earlier today I didn't even recall that he grabbed him

9 by the arm. All I recalled was that he gestured to him

10 and tried to persuade him to go into an ambulance.

11 Q When you say now grabbed my client by the

12 arm, did you see my client raise his arm to try to

13 break the grip on his arm that your partner had?

14 MR. POLICK: I'm going to object to the form of

15 the question because it assumes facts not in evidence

16 and it's improper impeachment.

17 What the Interrogatory says is, "Officer

18 Guettler tried to escort plaintiff by the arm." It

19 does not say that Officer Guettler grabbed plaintiff by

20 the arm. So I'm going to object to this on the grounds

21 that it is improper impeachment. And he can answer

22 over that objection.

279

1 MR. DE ROSE: But excuse me. I'm going to make

2 this clear.

3 BY MR. DE ROSE:

4 Q Aren't you the one that said grabbed by the

5 arm? I never used those words, did I, before you gave

6 that answer, your last answer?

7 A I don't know. And if I did, I was mistaken.

8 I did not mean to use that phrase.

9 MR. DE ROSE: All right. Miss Reporter, will you

10 read his last answer before this one, just his answer,

11 or my question and his answer?

12 (The record was so read

13 by the court reporter.)

14 BY MR. DE ROSE:

15 Q All right. So the first use of the words

16 "grabbed by the arm" were used by you. Do you remember

17 him grabbing my client by the arm at any time?

18 A From what I just heard, the first use was

19 used by you.

20 I don't recall him grabbing. All I recall

21 him doing was persuading him to try to get into an

22 ambulance. The method that he used to try to persuade

280

1 him I did not recall, except that he gestured to the

2 ambulance. Today I did not recall.

3 Q Why did you use the word -- first of all, I'm

4 not going to even go back to that question, because

5 it's not worth it for where we're at.

6 But look at -- you signed the document

7 that said that your partner tried to escort plaintiff

8 by the arm. Why did you pick those particular words to

9 put in this document?

10 A When I said that Officer Guettler tried to

11 escort your plaintiff by the arm, I was describing an

12 action that at the time of signing the document, I

13 might have believed that he did.

14 The operative word in the document and in

15 the answer is tried. I don't know if he ever came into

16 contact with his arm. I don't know if he ever grabbed

17 his arm. All it says, that he attempted, tried to

18 escort the plaintiff by the arm.

19 Q And why did you pick the arm? Why not some

20 other part of the man's anatomy, like his back or his

21 shoulder?

22 A Because normally, the way we're trained, an

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 71 of 144 PageID #:2547
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 281 to 284

281

1 escort hold is by the arm. And if he was attempting to

2 escort him to the ambulance, it would be by the arm,

3 which I don't even know if he made the contact with,

4 because I did emphasize tried.

5 Q All right. And right after that you indicate

6 plaintiff became combative. Is that when you saw my

7 client raise his arm and start flailing both of them?

8 A When your client's fists were clenched and he

9 started swinging them, that happened at the same time

10 that he was becoming combative. That was just a

11 description of him being combative.

12 Q And all of that was after you believe your

13 partner tried to escort the plaintiff, my client, by

14 his arm. Is that why you wrote this that way?

15 A I answered to you earlier today that my

16 partner tried to gesture him to the ambulance, at which

17 time your client flailed his arms and began swinging

18 clenched fists towards my partner's direction. And I

19 was in the general vicinity; so, to protect my partner

20 and other police officers, that is why I tased Mr.

21 Lopez. He became combative and became an assailant.

22 Q So this is very clear, by this answer you

282

1 don't mean to say that any police officer was in

2 physical contact with my client when erased and flailed

3 his arm?

4 A I do not recall anybody having physical

5 contact with your client as regards to Officer Guettler

6 at the moment that he flailed his arms, because that

7 was the only person I could see.

8 Q Which side, or where was Officer Guettler in

9 relation to the arm or arms that my client flailed when

10 Officer Guettler tried to escort him by an arm? Which

11 arm was the officer at?

12 MR. POLICK: Asked and answered. He may answer

13 over the objection.

14 THE WITNESS: If the defendant was facing me,

15 Officer Guettler was to my right, so he would be

16 closest to Mr. Lopez's left arm if he attempted to

17 escort him by his arm.

18 MR. DE ROSE: All right, good.

19 BY MR. DE ROSE:

20 Q I just want to ask you a few questions about

21 the last sentence of this Interrogatory. It writes,

22 "He recalls," and I guess he means you, "plaintiff

283

1 being combative at the hospital and assisted hospital

2 personnel in getting plaintiff under control." Do you

3 see that?

4 A Yes.

5 Q So how long did you stay at the hospital

6 before you left?

7 MR. POLICK: Objection. Asked and answered. You

8 can answer over the objection.

9 THE WITNESS: Not long. I don't know an

10 approximate time.

11 BY MR. DE ROSE:

12 Q As many as ten minutes?

13 A Again, I don't know an approximate time.

14 Q Were you the one that helped take the

15 restraining straps off of my client's body?

16 A I don't recall me ever saying or doing that.

17 Q All right. And you say you assisted the

18 hospital personnel in getting Jose Lopez under control.

19 How did you do that?

20 A I believe that when I was assisting hospital

21 personnel, I was holding down an arm of Jose Lopez

22 while they were trying to restrain him.

284

1 Q They were trying to put the straps on him

2 again after they took them off?

3 A I believe they were trying to restrain him

4 to -- if it was to put the straps on, I can't answer

5 that. I don't recall what they were attempting to do.

6 All I know is that they needed assistance, and I

7 attempted to hold Jose Lopez by the arm to try to gain

8 compliance.

9 Q And was there another officer there holding

10 down his other arm?

11 A I don't recall if there was another officer

12 or not inside the hospital.

13 Q And how long did you hold down -- you only

14 held down one arm, I take it?

15 A Correct.

16 Q Left or right?

17 A I don't recall.

18 Q And did you hold it down until a different

19 kind of restraining mechanism was put on that arm?

20 A I held Jose Lopez by the arm until they

21 gained compliance from him, until they properly

22 restrained him.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 72 of 144 PageID #:2548
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 285 to 288

285

1 Q Did you look at his face while you were

2 holding his arm?

3 A Yes.

4 Q His eyes were closed, weren't they?

5 A If he was combative, I don't believe that his

6 eyes were closed.

7 Q You thought he was wide-eyed and open and

8 looking at you folks?

9 A He was still incoherent at the hospital, but

10 he was being combative. All I know is that I went

11 there to assist the nurses and the other employees of

12 the hospital to gain compliance by him.

13 Q When you say he was being combative, was he

14 trying to hit you or one of them people?

15 A He was displaying the behavior that he

16 displayed on the street prior to me tasing him. He had

17 his fists clenched and he was flailing them around, so

18 we tried to restrain him to get him medical treatment.

19 Q He did not utter a single word you could

20 understand once he got in the hospital; is that true?

21 A He didn't utter a single word that I could

22 understand, period, the whole time I was in contact

286

1 with him.

2 Q Well, you told us out on the street he was

3 uttering words; you just couldn't understand them?

4 A Right. He didn't utter words that I could

5 understand.

6 Q All right. Now in the hospital, was he still

7 uttering words, or just sounds?

8 A He was acting the same as he was when he was

9 on the street uttering words and sounds that I could

10 not comprehend.

11 Q All right. Did it appear to you that he was

12 in any kind of pain?

13 A I saw no physical sign of injury. I did not

14 believe that he was in any kind of pain. All I know is

15 that he was being combative, and I attempted to assist

16 the hospital personnel to gain his compliance.

17 Q All right. And just one more, because I'm

18 going to quit on here.

19 Interrogatory No. 8, it's on Page 4, and

20 I'm just going to read you your answer. "Officer

21 Vidljinovic objects to this Interrogatory to the extent

22 that it requests information protected by the

287

1 attorney/client privilege and the attorney work-product

2 doctrine. Subject to and without waiving these

3 objections, Officer Vidljinovic states that he had

4 contact with Sergeant Mark Kearns and Lieutenant Robert

5 Dubiel regarding the Tactical Response Report, and

6 refers plaintiff to the documents previously produced.

7 He also had contact with hospital staff at Mt. Sinai

8 Hospital."

9 Who were the hospital staff that you had

10 contact with?

11 A Specifically, I don't recall. I know that

12 there were nurses in the room.

13 Q Female or mail?

14 A Mt. Sinai at that time has both genders, so I

15 can't be gender specific.

16 Q So you have no picture in your mind as you're

17 answering this question of who or what the hospital

18 staff personnel looked like who you were talking to?

19 A All I know is that there was hospital

20 personnel inside the room while I was trying to gain

21 Mr. Lopez's compliance. I could not specifically tell

22 you who they were.

288

1 Q Did they tell you they had to rush him to the

2 Emergency Room?

3 MR. POLICK: Objection to the form of the

4 question, because it assumes facts not in evidence.

5 You may answer over the objection.

6 THE WITNESS: I did not have a conversation with

7 the hospital staff. All I did was try to gain control

8 of Mr. Lopez while they were attempting to gain

9 compliance.

10 BY MR. DE ROSE:

11 Q And you never inquired of any hospital staff

12 at Mt. Sinai within the next few days, or of your

13 command staff in the 10th District, how is this man

14 doing; how did it turn out for him?

15 MR. POLICK: Objection. That's been asked and

16 answered. And it's also a compound question. You may

17 answer over the objections.

18 THE WITNESS: The only hospital staff personnel

19 that I inquired about was Dr. Orellana for my report

20 purposes. And after that, no, I never inquired.

21 BY MR. DE ROSE:

22 Q And your only inquiry of him was what's your

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 73 of 144 PageID #:2549
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 289 to 292

289

1 name?

2 A I asked Officer Alamillo, who originally

3 generated the original Case Report, because it was a

4 field that I needed for my Technical Response Officer

5 Battery Report.

6 Q And just one more for you.

7 Did you have any concern for the physical

8 well-being of the man you had just tasered and went

9 down to the street that night, after that night?

10 MR. POLICK: Again, I'm going to object to the

11 form of the question. But you may answer.

12 THE WITNESS: Seeing that he had no visible sign

13 of injury, and seeing that he was very uncooperative

14 and very aggressive and very combative, I did my job by

15 gaining his compliance, by helping hospital staff

16 restrain him. And then I filled out the proper

17 paperwork. After that, I did not inquire about Mr.

18 Lopez after that.

19 MR. DE ROSE: All right. I just want that answer

20 stricken as not responsive. This will be my last

21 question. Will you read it back?

22

290

1 (The question was so read

2 by the court reporter.)

3 MR. POLICK: Again, my objections to the question

4 will stand. You may answer over the objections.

5 THE WITNESS: Yes, if I tasered somebody, I might,

6 depending on the situation and if I observed injury,

7 inquire whether that man was okay.

8 After the incident was done, I assumed

9 from everything that I observed, that Mr. Lopez was

10 okay, so I did not inquire thereafter.

11 MR. DE ROSE: All right. Move to strike those

12 portions of the answer that do not respond to the

13 question. But otherwise, I have no objection to those

14 responsive portions.

15 I have no further questions, counsel. You

16 may inquire.

17 MR. POLICK: I have a few follow-up.

18 EXAMINATION

19 By: Mr. Polick

20 Q Officer, you indicated at the beginning of

21 the deposition that you have only been assigned to the

22 10th District; is that correct?

291

1 A That's correct.

2 Q Have you been detailed to any units other

3 than the 10th District?

4 A Yes, I have.

5 Q And where have you been detailed?

6 A I've been detailed to Unit 211, the area

7 Central PSN Dentyne.

8 Q Okay. And by detailed, does that mean that

9 you are on loan to that unit; that you were still

10 technically assigned, for Department purposes, to the

11 10th District?

12 A Technically, yes.

13 Q And how long have you been detailed to Unit

14 211? When did you start that detail?

15 A Initially the detail was to Unit 214, which

16 ended up becoming unit 211. So I have been detailed to

17 unit 214/211, it will be two years in November.

18 Q You told us earlier that you were in a marked

19 Chicago Police Department squad car on the evening of

20 this occurrence, July 22nd of 2011, correct?

21 A Correct.

22 Q And you were in a full Chicago Police

292

1 Department issued uniform?

2 A That's correct.

3 Q Was Officer Guettler, your partner, also in a

4 Chicago Police Department uniform?

5 A Yes, he was.

6 Q And how about Officer Alamillo, was he also

7 in a CPD uniform?

8 A Yes, he was.

9 Q And the other officers that you told us you

10 recall being on the scene of the occurrence, were they

11 also in Chicago Police Department uniform?

12 A My best recollection, yes.

13 Q You said that the shift you were working

14 started at either 9:30 or 10:30, and if you started at

15 9:30, you usually ended your tour of duty around 6:00;

16 and if you started at 10:30, your tour of duty would

17 end at around 7:30 A.M. Strike that. Let me restate

18 that.

19 You indicated that the Midnight shift you

20 were working on either started at 9:00 P.M. and ran to

21 6:00 A.M., or started at 10:30 P.M. and ran to 7:30

22 A.M., correct?

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 74 of 144 PageID #:2550
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 293 to 296

293

1 A Correct.

2 Q On the date of this occurrence, July 22nd of

3 2011, do you recall if you started at 9:00 P.M., or at

4 10:30 P.M.?

5 A 9:00 P.M.

6 Q And that's the best of your recollection?

7 A Yes.

8 Q And I believe you testified that you think

9 you went on patrol after roll call at approximately

10 9:30 P.M. that evening, correct?

11 A Correct.

12 Q You also told us that when you are listening

13 to radio traffic or communications in your squad car,

14 you're doing that over what is called Zone 10, correct?

15 A Correct.

16 Q And that is a police dispatcher that you are

17 receiving those communications from?

18 A Correct.

19 Q You are aware that the City of Chicago has a

20 911 emergency call system?

21 A Yes.

22 Q And that citizens who need emergency

294

1 assistance can call 911, and either the police or the

2 fire department will be dispatched?

3 A Correct.

4 Q When a citizen makes a 911 call to the 911

5 center, are you able to hear those calls over your

6 radio in the squad car, Zone 10?

7 A Not the ones that are dispatched to the fire

8 side of OEMC.

9 Q How about the actual telephone call of the

10 citizen to the 911 center, are you able to hear those

11 calls over your radio?

12 A No.

13 Q Okay. You get your information from the

14 police dispatcher who is receiving the call from a

15 citizen, correct?

16 A Correct.

17 Q On a day-to-day basis you engage in what

18 would be described as normal conversation with friends

19 and co-workers, correct?

20 A Correct.

21 Q Were you able to have any type of normal

22 conversation with Mr. Jose Lopez on July 22nd of 2011?

295

1 A No.

2 Q Was Mr. Lopez able to communicate to you in

3 anything that could be described as normal conversation

4 on July 22nd of 2011?

5 A No.

6 Q Going to the Taser that you deployed at the

7 scene, you indicated that the trigger of that Taser is

8 what jettisons the probes, and that there is then a

9 toggle switch that controls the electric current,

10 correct?

11 A Correct.

12 Q How many times did you press the trigger of

13 the Taser that you deployed?

14 A Once.

15 Q And did you manipulate in any way the toggle

16 switch on that Taser after you pulled the trigger of

17 the Taser?

18 A I did it to turn off the electromagnetic

19 waves.

20 Q And after you turned it off to cut off the

21 electromagnetic waves, did you ever re-engage the

22 toggle switch to send more electric waves into Mr.

296

1 Lopez?

2 A No.

3 Q Did you ever dry stun Mr. Lopez with the

4 Taser?

5 A No.

6 Q Approximately how far away from Mr. Lopez

7 were you when you deployed your Taser?

8 A Approximately three to five feet.

9 MR. DE ROSE: While he's looking, just an

10 observation. That's the way you should answer

11 questions. When he's giving you a direct question,

12 just go to it.

13 All right. Go ahead.

14 BY MR. POLICK:

15 Q You indicated that you observed no signs of

16 physical injury to Mr. Lopez, correct?

17 A Correct.

18 Q Did you notice if he was bleeding in any way

19 from any of your observations, first at the scene of

20 the occurrence?

21 A No.

22 Q Did you notice any signs of bleeding to Mr.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 75 of 144 PageID #:2551
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 297 to 300

297

1 Lopez when you were at Mt. Sinai Hospital?

2 A No.

3 Q You were asked questions about the Event

4 Queries that were marked as Exhibits 2C, 2G and 2B.

5 Have you ever personally prepared an Event

6 Query of the type that were marked as those exhibits?

7 A No.

8 Q With regard to Exhibit 2C, you indicated from

9 your reading of that document, that it appeared that

10 the initial police dispatch was a need for CPD for drug

11 overdose, correct?

12 A Correct.

13 Q Do you recall actually hearing the police

14 dispatcher make that call over your Zone 10 radio?

15 A I do not recall.

16 Q Would you consider a person who is having a

17 drug overdose to be an emergency situation?

18 A Yes.

19 Q I want to direct your attention to the

20 Special Order from the Chicago Police Department that

21 was marked as Plaintiff's Exhibit 14B that's entitled

22 Alcohol and Drug Dependent Persons. You were asked

298

1 some questions about that Special Order, correct?

2 A Correct.

3 Q I want to direct your attention to Section 2A

4 of that Special Order which I'm going to read into the

5 record.

6 "Persons who, in the professional judgment

7 of the police officer, are identified as being

8 incapacitated in a public place will be taken into

9 protective custody and immediately transported to a

10 detoxification facility. If no detoxification facility

11 in the district of occurrence or immediately adjacent

12 districts, the person will be taken to the nearest

13 hospital approved by the Chicago Department of Health

14 to participate an Emergency Room Service. A list of

15 those hospitals is contained in the Department

16 directive entitled 'Squadrol Operating Procedures.'"

17 You indicated that Mr. Lopez, in your

18 opinion, was under the influence of some type of

19 narcotic which you believed to be either PCP or

20 cocaine, correct?

21 A Correct.

22 Q And that based on your observation of Mr.

299

1 Lopez's actions, he was incoherent and incomprehensible,

2 correct?

3 A Correct.

4 Q Did you believe him to be a danger to

5 himself?

6 A Yes.

7 Q Did you believe him to be a danger to others?

8 A Yes.

9 Q Did you believe he was incapacitated in a

10 public place because of that condition?

11 A Yes.

12 Q And was it your judgment that he should be

13 taken into protective custody for his safety?

14 A Yes.

15 Q After seeing Mr. Lopez at Mt. Sinai Hospital

16 on July 22nd of 2011, did you ever see him again?

17 A No.

18 MR. POLICK: I don't have any further questions.

19 Mr. DeRose might have a follow-up.

20 MR. DE ROSE: Just a couple on what counsel did.

21

22

300

1 RE-EXAMINATION

2 By: Mr. DeRose

3 Q You told counsel that Jose Lopez had no

4 normal conversation with you that night, in the few

5 moments you were in his presence, before you used your

6 Taser; is that correct?

7 A Nothing that I would have described as normal

8 conversation.

9 Q All right. You were aware that other members

10 of the Chicago Fire Department had been in his presence

11 for at least 15 minutes before you arrived?

12 MR. POLICK: Objection to the form of the

13 question. You can answer.

14 THE WITNESS: I was not aware.

15 BY MR. DE ROSE:

16 Q You didn't know if anybody else had been with

17 him during that 15-minute period?

18 A I know that beat 1033R, Officer Alamillo and

19 Valdovinos, and the two paramedics -- I don't know them

20 specifically, from the Chicago Fire -- were on scene.

21 I don't know how much contact they had with Mr. Lopez

22 or how long they were on scene.

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 76 of 144 PageID #:2552
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 301 to 304

301

1 Q And the ambulance, you don't know, or do you

2 know, the ambulance didn't even arrive on the scene

3 until ten minutes after the fire truck, did it?

4 MR. POLICK: Objection. Calls for speculation.

5 You can answer over the objection.

6 THE WITNESS: I don't recall a fire truck being

7 there, and I don't recall initially when the ambulance

8 arrived on scene.

9 BY MR. DE ROSE:

10 Q If, even before you got there, Jose Lopez had

11 said to personnel of the Chicago Fire Department over a

12 10- to 15-minute period that he did not want medical

13 assistance or attention, is that something you would

14 have wanted to know?

15 MR. POLICK: Objection to the form of the

16 hypothetical. It's incomplete and assumes facts not in

17 evidence. You may answer over the objection.

18 THE WITNESS: When you come to a scene, you'd like

19 to know as much information that's given.

20 BY MR. DE ROSE:

21 Q But you, yourself, never talked to any of the

22 paramedics or anyone else who was on the scene, other

302

1 than that one officer?

2 A Again, I recall the paramedics there; I just

3 do not know when they arrived on scene, if they were

4 already on scene.

5 Initially when I arrived on scene, I

6 recall going straight to Officer Alamillo, asking him

7 for a quick synopsis of what was going on.

8 Q All right. Now, the Event Queries that

9 counsel asked you about, you said I never drafted

10 those, but you can tell from those Event Queries we've

11 shown you that two dispatchers who worked the 10th

12 District are making entries on those Queries, right?

13 A You can assume that there are two work

14 stations at work, usually manned by one dispatcher

15 each. I can't speculate whether it was one or two.

16 Q Did you recognize the voice of either one of

17 those dispatchers that night?

18 A I don't recall which dispatchers were working

19 that night.

20 Q All right. Sometimes you recognize the voice

21 of the particular dispatcher, and you'll even call them

22 by their first name, hello Gladys, or something like

303

1 that; is that not true?

2 A That is true.

3 Q All right. So it's fair to say, as you try

4 to think back on that night, you cannot recall the

5 names of the dispatchers involved?

6 A Yes, it's fair to say that the dispatchers

7 that I'm familiar with on Zone 10, I cannot recall

8 whether they were working that night or not.

9 Q And you didn't recognize the voice of the

10 persons who were talking to you?

11 A I don't recall recognizing the voice of the

12 dispatchers on that given night.

13 Q As you understand it, the section that

14 counsel just read to you about a person that you

15 believe is under the influence of a narcotic drug, you

16 have the right to take them for their own protection to

17 a detoxification facility, right?

18 A It's right that somebody that's incapacitated

19 in a public place will be taken into protective custody

20 and immediately transported into a detoxification

21 facility. If there isn't one in the district of

22 occurrence or adjacent districts, they will be taken to

304

1 a hospital, nearest hospital.

2 Q I know what that says. My question to you

3 now is, was it your intention to take Mr. Lopez to a

4 detoxification facility that night?

5 A Our objective, which was our objective the

6 whole time all the way up to Mr. Lopez's actions that

7 caused us to tase him, was to seek medical treatment

8 for him.

9 Q All right. Now, with that being your

10 intention, do you know that a citizen of the community

11 has a right to refuse medical attention or treatment of

12 any kind?

13 MR. POLICK: Objection. That's been asked and

14 answered several times. You can answer over the

15 objection.

16 THE WITNESS: I do know that.

17 Having a conversation with Mr. Lopez, I

18 could not understand anything that he was saying, so I

19 could not make that assumption.

20 MR. DE ROSE: All right. Move to strike the rest

21 of the answer that was beyond the words "I do know

22 that."

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 77 of 144 PageID #:2553
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Pages 305 to 308

305

1 I have no further, counsel.

2 MR. POLICK: Just a few follow-up on that.

3 RE-EXAMINATION

4 By: Mr. Polick

5 Q Did Mr. Jose Lopez ever say to you

6 specifically, "I do not want to go to the hospital?"

7 A I did not have a normal conversation with

8 Mr. Jose Lopez. He never said anything that I could

9 understand or make sense of specifically.

10 Q And who took Mr. Jose Lopez to Mt. Sinai

11 Hospital? Was it a police officer, or was it the

12 Chicago Fire Department paramedics?

13 A Chicago Fire Department paramedics.

14 Q So Mr. Lopez was placed in the Chicago Fire

15 Department ambulance and transported by Chicago Fire

16 Department paramedics to Mt. Sinai Hospital?

17 A Correct.

18 MR. POLICK: I have nothing further.

19 RE-EXAMINATION

20 By: Mr. DeRose

21 Q Just on that. Did one of the police officers

22 ride in the ambulance with the paramedics and Mr. Lopez

306

1 over to Mt. Sinai?

2 A Normal protocol, sometimes a police officer

3 does ride, especially if a paramedic requests them to

4 ride, if the subject is combative.

5 That given date, I do not recall

6 specifically if somebody rode with Mr. Lopez in the

7 ambulance.

8 Q Did you and your partner follow the ambulance

9 to the Mt. Sinai Hospital?

10 A Yes, we did.

11 Q Did you help take the gurney out of the

12 ambulance with any other officer's help?

13 A I don't recall taking the gurney out of the

14 ambulance or assisting the paramedics.

15 Q And I take it that when the ambulance arrived

16 there, you didn't see an officer step out of the

17 ambulance with, before, or after the gurney?

18 A Again, if I did, I would have recalled

19 somebody riding with him. I don't recall.

20 MR. DE ROSE: All right. I have no further

21 questions. Counsel?

22 MR. POLICK: None from me.

307

1 MR. DE ROSE: All right.

2 MR. POLICK: Signature is reserved.

3 MR. DE ROSE: All right. With that, you're free

4 to go.

5 THE WITNESS: Thank you.

6

7

8 AND FURTHER DEPONENT SAITH NOT

9

10

11

12

13

14

15

16

17

18

19

20

21

22

308

1 STATE OF ILLINOIS )

 ) SS.

2 COUNTY OF DU PAGE )

3 I, GLORIA APOSTOLOS SIOLIDIS, C.S.R., in and for

4 the State of Illinois do hereby certify that OFFICER

5 STEVAN VIDLJINOVIC was first duly sworn by me to

6 testify the truth; that the above deposition was

7 recorded in shorthand and reduced to typewriting by me;

8 that the deposition is a true, correct and complete

9 transcript of the entire testimony given by the said

10 witness at the time and place hereinabove set forth,

11 and that signature is hereby reserved by said witness.

12 I further certify that I am not counsel for, nor

13 in any way related to any of the parties to this suit,

14 nor am I in any way interested in the outcome thereof.

15 In witness hereof, I have hereunto set my hand and

16 affixed my Notarial Seal this 7th day of September,

17 A.D., 2013.

18

19 _________________________________________

 GLORIA APOSTOLOS SIOLIDIS

20 CSR License #084-0001205

21

22

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 78 of 144 PageID #:2554
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

Page 309

309

1 STATE OF ILLINOIS )

 ) SS.

2 COUNTY OF DU PAGE )

3

4 I HEREBY CERTIFY that I have read the

5 foregoing transcript of my deposition given at the time

6 and place aforesaid, consisting of pages 1 through 307

7 inclusive, and I do again subscribe and make oath that

8 the same is a true, correct, and complete transcript of

9 my deposition so given as aforesaid as it now appears

10 or inclusive of any corrections or additions attached

11 hereto.

12

13

14 ___________________________________

 OFFICER STEVAN VIDLJINOVIC

15

16

SUBSCRIBED AND SWORN TO

17 before me this _____ day of

________________ A.D., 2013.

18

19

20 ___________________________

 Notary Public

21

22

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 79 of 144 PageID #:2555
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

310

A

A-l-a-...

43:2

A.D 308:17

309:17

A.M 1:18

33:3,6

148:5

226:17

226:18

227:8

240:14

292:17

292:21

292:22

abbrev...

37:1

ability

6:16

165:12

198:19

able 21:7

82:7

97:11

116:15

125:18

125:20

181:20

189:11

211:15

211:17

246:15

294:5,10

294:21

295:2

abreast

101:13

124:12

absolute

153:19

absolu...

61:14

212:6

Abuse

184:14

academy

11:12,20

14:19,22

16:2

99:22

167:16

173:20

174:8,15

174:18

175:16

accepted

199:15

access...

73:12

103:4

125:21

143:9

146:21

170:18

194:18

195:1

accide...

14:3

accide...

13:20

accomm...

9:8

accomp...

218:5

accompany

10:14

214:20

accomp...

9:12

accout...

102:7

accuracy

272:14

273:16

accurate

225:5,16

227:2

233:17

242:16

242:17

242:22

243:3

273:17

273:21

275:3

277:18

278:4

accura...

74:20

acknow...

54:11,15

acknow...

50:3

92:10

acknow...

50:9,12

50:14

54:4,5

act 90:3

98:16,21

130:14

184:15

acted

195:21

acting

29:17

286:8

action

66:18

70:9,12

74:14

81:10,19

82:2

83:17

84:17

96:19

98:5

167:19

176:16

184:1

189:19

194:2

204:22

280:12

actions

98:6

111:2

120:10

120:15

167:20

193:19

194:7

198:1

210:19

234:8

255:7

256:6

299:1

304:6

activate

26:3

55:18

56:9

activated

55:22

56:2,10

active

143:7

162:17

193:13

194:21

197:22

198:7

actively

92:16

activi...

260:19

261:18

activity

36:16

37:1

47:21

50:9

163:13

182:13

232:7,12

233:10

233:17

238:11

238:16

238:16

239:6,7

acts

194:14

254:5

actual

10:15

28:21

53:17

59:19

140:1

203:11

205:16

206:1

227:17

232:17

246:17

257:18

258:1

294:9

Adam 245:2

add 18:18

added

192:2,3

Addendum

192:9

addition

159:22

160:18

162:5

additi...

23:1

29:5

139:20

139:20

140:3,8

additions

309:10

address

35:1,9

55:19

61:8,9

61:10

62:15

81:1

86:21

87:5

101:18

224:19

225:4,8

225:9,16

225:19

225:19

226:6

240:17

240:19

240:22

241:1

242:6

246:6,10

246:12

246:16

246:17

246:19

246:20

247:3,5

addresses

246:14

adjacent

74:13

298:11

303:22

admini...

4:5

ADRIAN 1:8

adult 91:9

ADVD 37:1

advice

174:22

181:8

advised

18:17

84:19

130:8

158:12

affect

73:14

affirm...

10:3

affixed

308:16

aforesaid

309:6,9

afterward

165:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 80 of 144 PageID #:2556
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

311

agencies

151:22

152:22

aggres...

118:19

165:1

289:14

aggres...

144:9

ago 14:8,9

14:17

128:15

142:6

173:12

273:15

277:20

278:3

agree

90:19

192:15

agrees

211:20

agressive

109:21

256:11

ahead

35:18

70:17

117:9

166:8

188:1

197:9

296:13

aide

182:12

air 38:11

39:11

41:4

53:18

54:10,13

92:10

145:5

259:11

Alamillo

1:9 43:1

49:12,21

60:7

65:22

66:15

67:22

68:2

69:22

70:4,10

70:20

71:8,11

72:2,5,7

72:13

77:10

81:5,9

81:15,16

83:21

85:13

93:10

94:22

96:11

97:10,15

100:8

102:1,2

106:3,13

108:7

120:2,7

120:11

120:15

123:13

127:13

142:20

177:9

200:13

215:19

218:5

220:9

233:8

234:2

236:12

236:13

236:16

243:21

245:4,9

245:16

245:18

252:20

252:21

253:7

264:19

289:2

292:6

300:18

302:6

Albany

35:2,10

38:14

55:1,19

58:14

61:9,19

61:21

62:4,7

62:16,17

105:4

225:7,20

226:7

246:7,12

246:19

247:6

alcohol

73:5

114:12

183:8,15

184:18

185:1,10

185:11

254:3,6

254:19

297:22

Alcoho...

184:14

Alex

159:18

allega...

267:16

allega...

268:18

alleged

161:20

allotted

19:2

allow 7:21

98:1

250:7,20

256:12

260:22

allowed

8:1

18:14

67:7

139:4

165:5

168:2

187:14

188:9,17

189:2

248:6

altern...

191:11

ambiguous

163:20

ambulance

41:16

62:21

63:1,2

69:20

71:19,21

77:3

83:19

84:3,8,9

85:6

97:12,18

105:12

108:10

115:21

119:7,14

120:13

120:19

120:21

121:2,7

121:8

124:5

168:21

169:2,9

169:20

181:22

186:14

186:20

187:3

190:13

201:2,3

201:6,7

201:8,11

201:15

201:16

201:17

201:20

202:8,12

202:13

209:9

214:11

214:18

214:21

215:4,6

215:9,13

218:10

218:17

221:18

247:21

248:6

255:12

255:21

256:19

272:3

276:10

278:10

279:22

280:2

281:2,16

301:1,2

301:7

305:15

305:22

306:7,8

306:12

306:14

306:15

306:17

amount

19:2

92:18,19

95:21

203:10

anatomy

280:20

and-a-...

12:1,4

14:16

86:3

123:14

angle

107:4

angled

110:6

answer 6:7

6:11 7:8

7:13,18

7:20

8:13,15

8:21

9:16,18

10:4,5

12:14

13:2

17:6

19:16

23:19

24:2

27:6,16

28:4

30:8

31:7

33:10

35:18

36:13

37:4,17

37:18

38:7,16

39:2,13

40:2,15

41:11

42:4,15

43:16

44:11

45:5,14

46:9,19

47:8

48:10,22

49:20

50:6

51:5

53:1,7

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 81 of 144 PageID #:2557
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

312

56:4,16

57:12,20

58:12,15

58:19

59:6,17

63:8

66:4,21

69:4

70:18

71:6

75:1

76:12,20

78:9,17

81:22

85:2,21

86:8

87:3,6

89:8,19

90:15

91:19

92:7

93:1

95:9,18

96:6

99:13

100:5,18

101:7

102:22

108:12

109:17

110:13

110:21

112:15

113:3,21

114:14

116:18

117:9

126:10

126:19

127:8

128:3

146:19

147:7

148:10

155:16

156:12

157:10

158:2,3

158:11

160:19

162:6

163:20

165:4,6

165:8,11

165:19

166:2,3

166:7,19

167:11

169:11

170:13

178:3,12

178:13

178:20

179:4,10

179:17

180:3

182:4

184:5

186:6,9

186:17

187:6,14

187:21

187:22

188:14

188:18

189:2,4

189:6,21

194:1,5

194:10

195:10

195:11

195:15

196:12

196:13

196:14

196:19

196:21

197:5

199:12

200:1

201:5

202:4,10

204:8,15

206:3

208:19

211:3,4

211:7,10

211:15

211:17

217:9

218:3

219:20

221:9

222:2,7

222:17

225:12

226:1,7

226:10

226:16

228:5

238:11

248:9,12

248:17

250:3,7

250:20

251:2

254:4

261:1,5

264:7

267:17

267:20

268:1,4

268:17

270:13

270:15

270:19

271:19

272:14

273:4

274:6

275:12

275:20

276:19

278:1,21

279:6,6

279:10

279:10

279:11

280:15

281:22

282:12

283:8

284:4

286:20

288:5,17

289:11

289:19

290:4,12

296:10

300:13

301:5,17

304:14

304:21

answered

53:7

58:21

59:16

114:13

117:2

122:12

126:9

132:9

164:1,14

166:7

190:2

195:7

202:9

204:14

206:2

211:18

221:2

265:8

274:4,7

274:12

275:9

281:15

282:12

283:7

288:16

304:14

answering

7:16

165:10

179:16

287:17

answers

7:14

10:15

21:1

188:12

197:11

201:1

268:10

268:20

269:13

276:18

277:4,17

antici...

189:3

ANTONIO

1:7

anybody

7:1

52:14

58:8

68:3

69:6

70:9,20

70:21

77:8,11

77:12

81:2,4

100:19

108:5,13

112:12

114:10

116:13

127:15

128:12

128:17

130:17

156:10

166:10

177:15

177:19

219:12

220:11

220:13

221:18

233:5

237:16

251:19

254:16

255:5,18

256:12

264:1

266:8

282:4

300:16

anybody's

104:10

anyway

79:18

211:21

apart

246:13

apartment

62:1,2

apologize

262:2

269:19

275:19

APOSTOLOS

2:2

308:3,19

apparent

69:11,13

235:16

236:1

appare...

235:17

appare...

71:17,17

74:5

Appeals

5:14

appear

112:16

141:13

182:5

205:1

237:19

286:11

appeared

2:11,16

2:21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 82 of 144 PageID #:2558
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

313

77:22

79:11

112:4,7

179:18

271:4

297:9

appears

45:1

159:4

309:9

applause

131:22

applic...

234:6

applied

221:11

241:20

applies

184:9

apply 5:15

52:10

99:2

apprec...

34:12

189:9

191:21

appreh...

163:12

approach

85:15

109:9

120:11

217:5

approa...

65:22

66:11,15

77:17,18

85:4,10

85:13,15

85:18

89:6

96:8,21

100:10

100:15

101:16

115:7,20

119:5,8

125:5

187:8

207:10

256:18

approa...

88:3

97:7

105:2

144:9

approp...

5:13

180:15

181:2

253:18

approve

231:3

263:4

approved

231:5

298:13

approving

240:9

approx...

81:1

86:9

87:5

201:8

241:1

246:16

283:10

283:13

approx...

13:14,16

14:8,9

14:10,16

19:12

22:19

23:7,13

27:20

94:16,19

94:20,22

118:7

119:21

125:13

216:3

246:2,3

246:13

293:9

296:6,8

April

151:13

154:9

Arabic

191:9

area 31:15

31:17,18

32:3,6

32:11,19

35:5,5

39:20,22

41:6,7

41:18

51:21

55:5,5

62:7,9

92:2

125:1

127:22

133:8

136:18

144:10

144:20

145:2

154:22

155:4,13

203:5

209:11

214:22

215:5,10

215:12

216:1

225:1

291:6

areas

152:20

154:16

argue 10:9

10:10

114:8

argument

75:15,17

75:18

Argume...

163:7

204:7

208:18

arm 21:7

121:3

122:8,20

123:1

134:18

271:11

276:5,9

276:21

277:12

277:15

278:5,7

278:9,12

278:12

278:13

278:18

278:20

279:5,16

279:17

280:8,11

280:16

280:17

280:18

280:19

281:1,2

281:7,14

282:3,9

282:10

282:11

282:16

282:17

283:21

284:7,10

284:14

284:19

284:20

285:2

ARMANDO

1:9

armed 19:1

19:6,9

51:22

67:5

247:15

arms

106:22

107:6

121:16

122:1,5

122:18

122:19

123:3,6

123:7,12

125:6

127:14

127:16

129:2

134:20

187:9

194:16

198:4,4

198:8

199:6

200:15

217:16

220:18

220:20

256:17

272:9

281:17

282:6,9

arrest

199:1,3

199:5

237:7,11

237:13

237:22

248:3

arresting

237:21

arrival

59:3

100:7

arrive

59:4

92:1

216:4

301:2

arrived

58:7,13

58:21

59:2,19

61:5

64:13,16

76:22

77:8

83:21

94:4

96:9

100:8

105:11

300:11

301:8

302:3,5

306:15

arriving

58:2,5,6

article

159:5,12

159:19

160:1,3

162:4

articu...

274:5

articu...

211:11

asked 16:6

25:5

53:7

58:20

59:16

68:10,14

69:8

77:2

85:5

87:13

91:22,22

111:14

111:15

114:13

115:8

117:2

122:12

126:9

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 83 of 144 PageID #:2559
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

314

131:14

131:19

132:9

163:22

164:14

165:4

166:7

187:13

187:16

188:7

195:7

200:1

202:9

204:14

206:2

221:2

229:15

238:10

244:6

245:17

247:15

248:17

253:1

263:4,21

264:1,5

265:3,5

265:14

270:14

276:8

277:22

282:12

283:7

288:15

289:2

297:3,22

302:9

304:13

asking

65:12

84:6

111:12

178:18

179:14

179:14

186:4

190:4

196:20

197:7

228:2,4

228:19

234:21

239:5

264:9

268:16

268:22

273:7

275:22

276:11

302:6

asks

258:21

ASP 103:17

171:5

asphalt

144:14

144:16

assailant

143:7

158:6

162:18

162:18

194:21

198:11

198:12

256:20

263:11

281:21

Assail...

175:20

175:21

assertion

267:12

267:15

assess

101:21

102:2

113:12

188:21

193:5

assessing

113:12

assess...

186:6

assign

34:8

assigned

12:6,7

22:6

25:15,21

26:7

32:2

33:8,11

35:6

43:6

290:21

291:10

assign...

14:19

31:14

35:9

52:6

53:18,21

56:14,21

76:15

81:8,13

85:11

87:12

99:19

242:19

assign...

18:22

assist

40:6

53:14

62:12

69:10

71:14,15

71:16

88:17,22

91:6

92:11

98:14

103:2

194:19

249:11

285:11

286:15

assist...

39:7

52:9

55:17

68:10

69:19

72:19

74:14

75:21

76:18

77:2

81:9,12

82:6

83:10

84:16,20

87:12

88:12,21

89:17

90:2

91:9,22

92:20

98:9

99:16

100:11

109:11

136:8

164:22

182:7,12

183:22

284:6

294:1

301:13

assisted

74:7,9

283:1,17

assisting

87:14

88:6

92:4,11

101:21

113:11

213:20

230:5,9

283:20

306:14

ASSOCI...

2:6

Associ...

150:3

152:3

assume

8:16

144:16

193:7

201:18

238:4

239:11

243:21

247:11

302:13

assumed

92:11

114:16

230:17

233:8

239:12

254:2

290:8

assumes

56:4

71:5

100:17

116:17

204:7

208:18

219:19

278:15

288:4

301:16

assump...

109:2

135:22

147:11

148:14

209:20

221:14

273:21

304:19

attached

237:1

309:10

attack

97:9,14

97:20

231:10

attempt

77:3

120:4,12

127:11

181:12

198:1,17

attempted

75:22

85:5

119:6

127:7,9

186:19

272:7

280:17

282:16

284:7

286:15

attemp...

124:4

167:2,4

168:20

200:20

211:1

216:7

281:1

284:5

288:8

attend...

15:17,20

186:3

attended

174:7

attendees

17:22

attention

41:8

70:11

71:4,12

72:1

76:4

80:16

81:6

85:7

99:8

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 84 of 144 PageID #:2560
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

315

100:4,16

297:19

298:3

301:13

304:11

attested

273:15

276:3,20

attesting

272:13

attire

13:6

64:6

attorney

250:1,20

260:22

262:10

287:1

attorn...

250:2,16

287:1

attorneys

7:22

149:14

251:7

261:12

261:16

attuned

38:20

audio 26:3

27:10

57:9

146:14

audio/...

27:14

28:10

29:7

147:3

audito...

133:12

133:13

august

173:22

174:17

251:7

author

150:2,5

160:16

authority

180:18

199:10

217:3

author...

67:15,19

92:17

automa...

26:5

52:5

56:1

available

18:20

19:4,12

20:18,21

21:4

27:7

146:13

147:15

170:21

171:4

186:12

190:16

191:11

Avenue

35:2

38:14

55:1

61:20

246:7,13

avoid

124:6

135:22

136:22

153:1

155:11

avoiding

220:1

aware

129:16

130:1

143:1

146:16

146:20

147:2

155:20

156:6,12

161:2

293:19

300:9,14

B

b 3:6

84:15

92:14

131:12

174:21

183:19

191:4,7

191:9,14

191:15

191:16

back 14:22

16:7

21:10,12

34:12

45:17

65:5

73:18

80:16

101:6

113:20

121:3

123:22

124:7,8

124:9,19

128:3

135:14

136:14

137:4,7

140:12

140:16

153:14

154:6,18

154:22

182:18

185:16

190:1

193:1,1

196:7

197:16

206:11

207:7,17

208:1,1

209:8

211:6

214:11

214:17

214:21

252:11

254:21

265:22

270:12

280:4,20

289:21

303:4

backed

125:7

backgr...

205:13

238:19

239:10

backup

130:21

backward

203:20

backwards

155:5

bad 222:9

ballpark

19:17

133:21

ban 46:6

barbs

205:15

based

153:19

154:12

188:22

191:18

298:22

basic

168:17

basis

200:22

294:17

bathroom

43:21

baton

171:6,7

171:15

172:16

172:18

battered

227:14

227:16

227:18

227:22

228:13

228:17

228:20

229:4

battery

127:20

143:6

158:7

224:10

226:18

227:19

227:21

228:7,21

228:22

229:5,22

230:10

230:16

231:4

235:13

235:14

235:20

235:21

239:14

245:7

260:13

263:9

289:5

bear 5:7

bears

151:16

beat 24:19

25:15

31:14,18

35:9

38:20

39:4,6

39:19

40:7

42:11,17

43:4,8

45:9,10

45:10

47:5

49:9

50:9,16

51:2,7

62:12

81:13

92:9

177:15

242:19

259:11

300:18

beats 43:7

becoming

281:10

291:16

bed 213:21

249:11

began

120:14

121:16

122:4,5

123:17

187:9

200:14

272:8

281:17

beginning

19:20

20:11

24:16

27:8

290:20

behalf

2:11,16

2:21

268:5

behavior

96:20,21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 85 of 144 PageID #:2561
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

316

98:5

109:18

112:18

125:18

141:16

143:6

158:5

165:16

167:20

168:3,9

169:12

180:20

181:11

207:2

211:12

253:20

254:7

285:15

belief

114:17

123:2

178:15

180:6

269:14

believe

14:13

15:13

18:8,10

20:8

22:21

24:19

28:1

30:18

40:21

42:22

58:9

64:2

65:22

67:17

68:20

70:19,20

80:22

85:12

86:21

87:11,13

102:12

103:21

121:7

124:21

129:21

147:16

147:16

154:11

156:16

158:13

176:8

177:22

178:8

179:6,15

183:5

184:17

184:21

198:7

200:11

200:16

201:1

206:8

207:13

209:10

209:13

214:16

217:14

231:4

234:11

235:3,8

236:10

239:7

244:4,10

248:4

252:6

265:4

266:17

266:19

268:6

273:16

273:20

277:16

277:21

281:12

283:20

284:3

285:5

286:14

293:8

299:4,7

299:9

303:15

believed

102:21

114:3

127:19

177:4

186:8

280:13

298:19

believes

188:17

belt 18:15

18:19

102:7,10

104:3,4

172:1,12

belts

171:5

221:11

beneath

156:11

203:3

best 1:3

92:1

165:12

196:19

212:18

269:14

278:1

292:12

293:6

better

30:4

77:14

beyond

127:2

196:1

304:21

big 63:5

142:8

birth

236:8,14

245:4

bit 50:15

83:7

118:19

272:12

bladed

109:22

110:4,5

110:8

111:1

112:13

115:5

119:18

blank

247:9,12

bleeding

249:18

250:14

253:6

296:18

296:22

block

62:10

86:3

201:22

202:7,7

209:22

blocked

105:8,10

blocking

110:10

blow

193:16

blue 25:7

blunt

231:11

bodily

162:19

217:1

263:10

body 1:14

10:14

79:18

109:14

131:11

131:17

135:16

136:12

138:14

138:16

138:21

140:20

144:18

144:21

154:15

154:17

155:22

156:2,15

202:19

203:7,15

203:16

203:21

204:2,12

204:17

205:4,7

206:1,22

208:7

209:11

212:17

213:15

213:16

221:8,8

256:9,10

283:15

bold 88:21

175:4,10

184:10

bolder

175:12

book 73:10

booking

237:6

border

31:20,21

borders

31:20

borrow

30:11

bottom

148:3

161:14

191:6

240:1

box 224:18

230:5

232:8,10

232:14

232:15

232:16

233:11

233:12

233:16

234:4,6

247:14

247:14

247:15

248:16

253:16

256:5,6

259:9,18

260:4,9

boxes

231:10

255:7

260:6

brace

134:10

brain

249:18

250:13

265:17

267:1

brakes 9:5

branch

15:6,8

break 9:8

9:17

43:21

44:2

101:3

197:1,9

197:12

205:1

272:12

278:13

breaking

204:20

breathing

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 86 of 144 PageID #:2562
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

317

82:9,19

83:13

brilliant

7:8

bring

34:12

134:13

135:17

135:19

135:21

brisk

104:18

broadcast

33:15

brother

129:8

235:21

brought

209:10

209:16

251:17

Brown 1:9

Buddy

119:15

120:17

169:2

build

79:18

building

61:22

62:2,15

buildings

62:1

bulletin

152:22

bumper

140:17

busting

95:19

busy 39:15

40:8

C

c 1:10

191:7,15

191:16

C.S.R 2:2

308:3

calendar

227:9

call 9:9

16:2

20:20

30:15,18

31:4,11

32:13,21

35:14,21

37:9

38:1,20

39:5,7

40:12

41:14,17

42:1,8

44:7,16

47:10

48:8,16

49:7

50:3

54:11,14

55:15

56:21

60:19,22

69:10

72:6,12

76:21

81:11,17

82:8

83:3,14

86:21

90:20

91:14

194:19

235:1

241:7

255:2

267:15

293:9,20

294:1,4

294:9,14

297:14

302:21

call-t...

44:15

called

1:20 4:8

6:22

81:9

88:6

90:16

232:8

293:14

calling

76:4

calls 24:2

38:19

39:3

42:6

48:14

87:2

96:3

132:10

178:11

179:9

182:3

294:5,11

301:4

calmly

119:2

capabi...

146:14

147:3

capable

96:16

126:12

capaci...

1:13

capacity

217:1

capital

191:8

caps 75:10

75:10,14

183:20

car 22:7,9

22:10

23:9

24:6,7,8

24:9,12

24:17

26:7,18

28:9

33:19

38:20

42:13,19

42:21

46:7

53:6,14

53:16

54:6,19

55:21

57:4

59:11

60:20

66:8,10

67:7

242:20

252:9

291:19

293:13

294:6

card

241:17

244:1

cardiac

153:2

CARDIEL

1:3

cards

241:8,9

241:12

careful

112:6

227:7

carefully

38:21

CARONE 2:9

2:9

carpeted

133:13

carries

104:5

carry

18:14

67:15

172:3,5

172:15

carrying

137:20

172:14

214:12

cars 25:20

27:3,13

54:19

57:8

58:2,4,6

58:21

59:4,8,9

105:8,15

cartridge

138:4

205:19

case 5:9

8:12

10:9

25:16

38:12

69:18

81:10

149:12

149:15

237:11

241:18

250:17

252:18

259:2

260:18

265:16

266:15

267:8

268:5,17

275:15

275:16

289:3

catch

86:13,17

86:22

104:15

134:12

cause

152:8

157:1,4

162:19

194:13

217:1

caused

304:7

CB 237:5,9

237:10

237:21

cement

144:15

center

33:22

127:22

130:5

136:13

136:14

136:16

137:2,10

144:20

154:12

202:19

294:5,10

centered

202:3,11

central

31:21

35:11

237:6

291:7

Cermak

35:10

certain

19:2

56:22

57:3

112:10

146:7

171:19

171:22

190:3

193:10

221:8

certif...

18:7

certified

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 87 of 144 PageID #:2563
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

318

certify

308:4,12

309:4

CFD 41:22

42:8

69:11

71:18

77:1

254:20

chance

143:15

172:4

245:12

277:14

278:3

change

276:18

277:4

changed

22:3

173:12

charac...

191:1

197:10

charge

139:14

139:21

262:1

charges

140:4,8

check

20:20

28:22

150:11

253:16

checked

119:15

224:18

229:16

232:8,14

232:16

233:11

233:13

233:16

238:12

238:18

238:20

243:7

258:22

259:9,19

259:21

260:2,8

chest

37:10

38:14

44:8

82:21

83:4,15

136:16

136:17

chests

153:2

Chicago

1:14

2:13,15

2:18,20

2:22

10:20

11:2,11

11:12,14

12:2,12

15:6,8

15:16,20

18:22

33:16,22

34:1,3

34:19

36:19

41:15,20

44:19

45:1

64:5,7

70:2

73:5

82:17

87:17

88:6,12

88:15,17

88:19

91:6,7

92:5,9

98:1,9

129:11

144:13

146:21

152:15

154:4

159:4,17

160:6

161:2,8

173:15

177:7,10

183:7,14

207:16

229:19

240:18

246:7

247:3

249:4

251:9

291:19

291:22

292:4,11

293:19

297:20

298:13

300:10

300:20

301:11

305:12

305:13

305:14

305:15

Chiefs

150:3

152:3

children

247:2

choose

130:15

130:15

247:15

choosing

7:10

chose

131:6

132:12

235:16

chrono...

47:19

Circuit

5:13

circum...

13:21

citizen

76:17

99:6

294:4,10

294:15

304:10

citizens

293:22

City 1:13

2:13,18

2:21

10:20

11:2

12:12

18:22

98:8

144:13

151:11

159:2,14

159:14

293:19

Civil 1:22

161:19

civilian

105:15

105:18

222:18

251:16

civilians

222:12

251:10

claiming

108:13

class

67:17,18

133:4

classi...

39:3

40:5,13

171:21

clean

211:4

clear 9:21

10:16

61:11,15

82:5

89:4

112:20

127:17

251:5

260:6

279:2

281:22

clearly

7:5 46:5

251:12

clenched

107:1,3

107:6

109:19

111:22

121:15

121:20

123:19

124:20

166:21

194:16

256:16

256:18

271:12

281:8,18

285:17

clenching

256:9

click

236:3

client

75:19

96:20

102:17

104:12

104:17

105:1

106:1,7

106:11

106:12

106:14

106:14

106:21

107:5

114:4,11

127:5,7

127:14

127:16

150:13

150:18

151:7

159:7

187:2

192:21

194:3,6

194:15

195:11

195:21

196:7

198:22

199:3,14

199:18

199:20

199:21

200:7,14

200:17

200:21

201:12

202:18

202:21

203:1,9

203:11

208:22

210:11

210:15

211:13

211:21

212:3,4

214:4

216:5

217:12

218:19

219:17

220:1,15

221:12

228:2,14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 88 of 144 PageID #:2564
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

319

232:1,2

232:4

234:15

274:22

275:13

275:14

275:21

278:11

278:12

279:17

281:7,13

281:17

282:2,5

282:9

client's

121:3

193:19

197:11

203:6

210:19

213:14

214:3

281:8

283:15

clipboard

20:7

close

35:12

39:20,22

94:22

119:11

125:10

138:5

closed

285:4,6

closely

59:3

closer

35:10

62:11

118:5,9

118:15

119:5,9

119:17

119:19

119:20

120:7,8

120:17

124:2

125:3,8

closest

35:11

125:11

233:9

235:3

282:16

clothes

177:12

clothing

107:9

co-wor...

294:19

cocaine

97:1

112:10

113:14

186:8

254:2,10

298:20

Code 90:11

98:1,8

182:10

182:15

Codes

90:20

91:4

coincide

232:19

collapse

141:10

156:3,11

156:17

203:15

203:18

203:21

205:5

collapsed

203:1,15

204:3,18

207:1

209:11

212:3

collap...

171:6,7

171:15

172:18

collap...

203:22

208:22

color

79:14,15

column

47:20

coma

267:13

combative

271:11

272:8

281:6,10

281:11

281:21

283:1

285:5,10

285:13

286:15

289:14

306:4

come 8:14

21:10,12

35:21

39:8

71:13

73:9

87:21

113:9,14

120:17

127:5

138:4

169:2

183:16

209:15

210:7,11

211:1,11

241:8

244:15

252:11

301:18

comes 21:8

150:1,17

171:19

coming

118:13

190:19

214:2

223:21

254:21

command

127:21

129:12

142:22

143:21

169:8,14

219:13

259:15

288:13

Commander

1:12

20:13

21:6

29:10

30:17,20

60:15

145:21

231:5

259:20

260:10

commands

168:11

169:17

170:6

181:10

commis...

2:3

committed

74:6

commonly

152:12

commun...

295:2

commun...

54:1

225:20

commun...

34:2

51:13

commun...

36:19

38:13

41:4

169:7

commun...

42:2

293:13

293:17

community

99:7

304:10

compare

246:12

competent

178:12

Compiled

90:12,21

91:4

compla...

83:13

Complaint

261:22

266:15

267:12

267:16

268:1,5

268:17

268:18

269:5

comple...

102:6

complete

7:12,13

56:21

153:18

188:18

189:2,6

230:15

238:5

269:14

308:8

309:8

completed

14:18,20

18:18

comple...

56:14

201:21

217:10

comple...

74:18

75:1

76:12

84:22

91:17

93:1

153:7,17

153:20

155:16

157:10

162:3

184:3

comple...

153:13

227:19

227:20

comple...

154:10

compli...

143:9

168:9

170:8

184:14

191:3

192:21

256:12

284:8,21

285:12

286:16

287:21

288:9

289:15

compliant

180:13

compound

85:1

163:17

164:9

165:5

187:4,16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 89 of 144 PageID #:2565
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

320

187:19

266:4

276:15

288:16

compre...

179:21

180:1

271:22

286:10

compre...

178:5

180:1

compre...

116:8

compre...

98:17

comprised

97:20

compro...

176:19

computer

54:18

92:10

224:11

238:7

comput...

240:2

computers

244:9

concern

39:19

289:7

concerned

35:2

concer...

38:20

41:9

150:19

260:18

concerns

53:11

184:17

261:10

conclu...

112:14

112:18

conclu...

114:8

115:2

condition

95:4,6

95:11

253:13

264:21

265:1,6

265:10

299:10

conduct

30:14,18

confine

166:2

confined

31:15

confor...

180:20

181:11

confro...

161:17

181:13

confro...

201:12

confro...

147:4

156:9

168:4

198:22

confuse

32:15

connec...

83:1,5

83:15

consent

74:7,11

75:9,13

75:20

98:3

consented

83:19

84:8

consider

78:14

172:21

297:16

consid...

78:6,11

78:15,19

122:10

122:16

consid...

6:1

consid...

137:2

170:1

consid...

268:12

consis...

309:6

consists

181:8

consti...

88:20

98:20

consult

9:13

consul...

9:17

contact

68:18

69:5

121:10

124:15

127:6,9

134:16

138:17

204:17

208:6

210:11

210:12

210:16

210:21

211:1,12

214:3

228:11

228:14

241:7,8

241:9,12

241:17

244:1

270:18

280:16

281:3

282:2,5

285:22

287:4,7

287:10

300:21

contained

160:15

298:15

context

153:17

157:10

162:3

184:3

continue

22:22

continued

126:7

contin...

12:22

contin...

167:16

contin...

139:2

continuum

168:18

169:22

170:20

171:9,16

172:19

173:6

Contri...

151:12

control

127:14

127:16

131:16

135:16

141:9,19

156:2,10

180:16

181:7,8

181:10

181:14

194:20

198:17

207:2

257:9

283:2,18

288:7

contro...

180:17

180:22

controls

295:9

conver...

64:18,19

68:7

71:8

83:20

102:3

109:10

111:12

117:11

118:4

120:22

169:19

177:5

185:21

199:21

200:4,21

216:7,8

219:4

242:11

253:8,11

254:14

255:5,19

261:15

262:14

272:8

288:6

294:18

294:22

295:3

300:4,8

304:17

305:7

conver...

118:11

118:18

118:20

conver...

216:9

convey

77:6

182:7

conveying

117:15

cooper...

175:18

180:12

180:15

181:2,5

copies

260:14

copy 18:10

34:13

45:21

149:20

149:21

175:11

266:15

269:5

corner

191:6

201:22

202:6

corpor...

1:14

150:2

correct

4:18

10:4

11:8,18

12:3

18:5,11

18:16

20:22

21:5

24:5,20

24:21

26:5,6

28:13,14

32:16

33:4

40:13

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 90 of 144 PageID #:2566
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

321

41:3

42:2

46:16

48:15

52:21

55:1,20

64:9

65:15

66:5

94:13

103:9

108:19

117:4

124:16

128:15

135:1

136:5

137:17

138:16

140:6

141:21

143:20

144:6

145:22

147:5,12

148:1

149:2

151:18

153:13

156:9

166:15

168:12

170:6,22

171:5

173:4

175:22

176:2

177:3

181:18

182:13

185:13

190:17

194:3

195:6

196:8

198:13

199:10

201:3

202:19

202:20

213:10

213:13

214:18

214:19

218:10

219:17

220:5

224:16

226:9

228:14

229:11

229:17

231:14

231:16

231:17

234:7

237:3,4

237:7,13

239:22

240:9

242:20

242:21

246:8

247:16

247:17

252:4,10

258:20

258:22

259:8

269:2,13

269:15

284:15

290:22

291:1,20

291:21

292:2,22

293:1,10

293:11

293:14

293:15

293:18

294:3,15

294:16

294:19

294:20

295:10

295:11

296:16

296:17

297:11

297:12

298:1,2

298:20

298:21

299:2,3

300:6

305:17

308:8

309:8

correc...

309:10

correctly

4:17

76:10

counsel

6:11

90:16

114:21

151:10

153:13

158:21

159:1,16

188:8

189:11

190:1

191:20

196:16

197:20

290:15

299:20

300:3

302:9

303:14

305:1

306:21

308:12

counsel's

222:10

Counselor

61:13

counting

139:9,11

Counts

267:7

COUNTY

308:2

309:2

couple

59:8

61:2,3

87:9

123:13

243:2

299:20

course

8:10

43:22

73:13

82:2

96:19

98:5

116:19

145:7

154:10

158:22

168:4

172:8

186:4

195:20

196:3

199:9

courses

145:9

court 1:1

4:3 5:12

5:13,14

6:15 9:6

13:5

16:9

45:20

101:9

114:2

128:10

166:6

178:22

193:3

211:9

279:13

290:2

courteous

176:12

courtesy

188:16

courtroom

6:22

covered

10:2

145:7

covers 5:6

CPD 42:9

72:11

190:20

254:21

292:7

297:10

CR 13:13

260:18

261:20

cracked

28:21

create

198:1

created

13:13

35:17

creating

246:22

credible

154:7

160:20

criminal

74:6

162:12

162:22

163:4,12

163:13

164:7,10

165:1

166:10

260:17

261:17

261:22

262:1

criminals

161:21

critics

161:19

Crown 25:3

26:21

CSR 308:20

current

138:15

138:20

295:9

custody

98:2

108:18

170:16

237:8

257:5

298:9

299:13

303:19

cut 165:14

187:21

189:2,17

196:20

205:18

206:6

212:14

231:11

266:21

267:1

274:8,9

295:20

cuts

140:17

140:18

cutting

165:15

D

d 1:6,6

3:1

191:7,9

191:16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 91 of 144 PageID #:2567
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

322

D-u-b-...

31:2

damage

157:3

Dan 159:18

danger

74:5

126:12

299:4,7

dangerous

137:3

161:21

162:11

162:19

162:21

163:12

164:7,10

165:2,17

DANIEL

1:10

dart 206:1

257:14

257:22

258:6,8

darts

134:21

135:12

137:16

138:10

138:14

140:5

144:4,18

144:22

145:4

152:18

154:14

154:21

157:17

205:7

206:7

257:18

258:1

data 160:8

161:3

date 20:5

21:15

25:14

40:21

47:20

73:19

151:16

151:17

154:8

173:22

174:13

226:11

236:8,14

240:14

245:4

273:13

293:2

306:5

dated

87:19

dawn

235:12

day 15:13

15:14

21:18

23:13,15

55:11

87:11

107:8

130:8,17

135:3

136:3

141:19

147:19

148:4,22

172:10

174:16

213:7,15

227:5,7

227:10

239:21

240:4

249:16

250:14

266:20

269:21

308:16

309:17

day-to...

294:17

days 18:21

33:11

288:12

DE 1:9 2:6

2:6,7

4:1

12:16

13:9

16:6,11

19:18

23:21

27:11,21

28:7

30:13

31:9

33:14

34:7,17

36:1,17

37:6

38:3,9

38:18

39:9,17

40:10,18

41:19

42:10,20

43:18,22

44:5,17

45:8,16

46:13

47:1,12

48:11

49:8

50:1,11

51:9

53:3,10

55:7,9

56:11,19

57:14

59:1,10

59:21

61:13,16

61:18

63:11

65:6,7

66:6

67:4

69:7

70:14

71:1,10

74:19

75:3

76:14

77:7

78:13,20

82:4,12

82:16

85:8

86:2,12

87:8

89:11,21

90:8,10

90:13,16

90:22

91:1

92:3,13

93:3

94:6

95:12,20

96:13

99:17

100:13

101:1,6

101:10

103:6

110:3,16

111:7

113:6,19

114:5,18

114:20

116:21

117:3,12

122:17

126:1,3

126:15

126:16

128:1,5

128:13

130:2

132:5,13

133:5

143:10

143:14

147:1,13

148:16

149:17

150:7,11

151:2,8

151:9

153:8,10

153:21

154:3

155:18

157:13

158:1,10

158:17

159:15

160:4

161:1

162:7

163:8,21

164:3,11

164:15

164:17

165:3,7

165:19

166:1,12

167:1,13

169:16

170:19

172:8,9

173:7,9

173:10

174:9,11

175:7,9

178:7,14

178:18

179:2,3

179:13

180:3,5

182:9,17

182:21

183:1,5

183:10

183:12

184:7

185:2

186:21

187:11

187:15

188:2

189:8,10

189:13

191:20

192:7,12

192:14

192:22

193:8

194:8,9

195:2,3

195:9,13

195:14

195:17

195:22

196:4,5

196:16

197:2,15

199:16

201:10

202:15

204:11

204:19

206:5

208:11

209:2

211:3,14

217:19

218:7

220:3

221:4

222:3,9

222:11

223:1,17

224:8

225:17

226:2

250:8,9

250:22

251:4

261:2,6

261:9

262:2,4

262:6,11

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 92 of 144 PageID #:2568
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

323

263:12

263:13

266:6

267:18

267:19

268:2,3

269:2,4

269:8,18

270:1

272:10

274:10

274:13

274:17

274:19

275:11

275:18

276:1,16

276:17

277:8,10

279:1,3

279:9,14

282:18

282:19

283:11

288:10

288:21

289:19

290:11

296:9

299:20

300:15

301:9,20

304:20

306:20

307:1,3

de-esc...

181:13

dead 256:6

256:21

257:1,4

257:8,10

257:11

deadly

161:18

deal 57:5

93:20

183:15

193:4

254:7

dealing

125:17

176:12

180:15

deals

119:2

dealt

113:15

death

155:14

162:19

217:2

decide 8:3

decides

44:16

decision

101:17

131:7

declared

89:15

declares

88:19

91:8

decreases

161:9

defeats

6:12

defendant

2:16

149:14

158:21

267:22

268:10

268:19

268:20

275:15

275:15

282:14

defend...

1:15

149:12

270:16

defense

188:8

define

257:12

defined

98:15,20

definite

239:10

defini...

90:22

defini...

228:6

257:2

degree

265:19

demand

1:12

217:18

demeanor

176:12

253:21

DeMonica

60:9

demons...

10:13

Dentyne

291:7

deny 99:15

182:8

depart...

2:13,18

11:17

15:7,9

34:3,19

36:19

41:21

44:19

45:2,11

48:1,1,5

48:6,18

62:20

64:5,7

70:2

73:5,11

82:6,17

87:17

88:7,11

88:12,16

88:17,17

88:19,22

89:5,15

91:6,8

92:5

98:1

99:9

105:9

129:12

139:4

152:16

154:5

161:3,9

161:19

167:9

173:15

174:14

174:20

176:6,7

177:14

183:8,14

184:13

195:6

205:11

207:16

229:19

249:4

251:10

291:10

291:19

292:1,4

292:11

294:2

297:20

298:13

298:15

300:10

301:11

305:12

305:13

305:15

305:16

Depart...

177:11

depart...

15:19

depend...

184:18

Depend...

184:15

dependent

73:6

183:9,16

297:22

depending

39:15

109:22

168:3,9

168:14

169:12

170:7

171:1

290:6

depends

55:11

98:5

142:3

171:12

217:10

deploy

139:22

143:3

145:5

154:21

170:5

216:22

deployed

127:21

130:1

143:1,22

144:17

155:19

156:13

162:15

162:22

164:18

190:10

205:3

210:13

211:2

226:14

234:15

259:11

263:1,22

295:6,13

296:7

deploying

155:11

156:16

161:20

210:18

deploy...

137:15

146:15

146:16

150:20

151:22

152:6

161:4

deponent

4:2 8:14

163:5

164:2

188:8,16

189:11

307:8

depone...

275:20

deposed

8:12

deposi...

1:17 3:7

4:18 5:1

5:10

6:11,19

8:10

34:14

44:3

101:4

197:13

224:7

251:6

270:22

273:18

276:7,13

276:19

290:21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 93 of 144 PageID #:2569
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

324

308:6,8

309:5,9

deposi...

2:1 5:15

34:9

149:19

DeRose 3:4

4:12

250:6

299:19

300:2

305:20

descent

79:12

describe

77:21

79:10

123:5

197:22

235:13

257:11

270:16

described

109:20

158:5

162:18

185:7

232:17

233:21

294:18

295:3

300:7

descri...

234:5

280:11

descri...

107:18

107:19

233:9

242:16

267:2

273:16

281:11

design...

20:16

desk 244:8

259:19

260:9

detail

270:17

291:14

291:15

detailed

270:21

291:2,5

291:6,8

291:13

291:16

determ...

72:3,6

determine

70:10

72:15

186:2

determ...

72:16

164:5

detoxi...

298:10

298:10

303:17

303:20

304:4

develop

151:22

developed

66:18

device

28:22

143:8

devices

160:7

DG 40:21

46:17

dictate

217:17

dictates

82:1

96:18

98:4

129:21

138:2

167:18

171:20

194:13

207:20

differ...

176:2

different

8:15

12:5

16:18

47:16

73:14

82:1

83:8

96:18

98:4

109:13

116:12

131:18

131:21

133:7

167:19

168:13

178:17

188:5

207:20

217:16

260:14

265:9

268:22

284:18

diffic...

82:9,19

83:13

diffuse

161:16

diffus...

198:16

direct

123:19

182:19

187:10

216:17

250:2

251:2

261:4

296:11

297:19

298:3

directed

39:4

46:12

69:11,14

77:1

80:16

81:6

106:13

120:20

144:20

direction

6:6

10:13

80:17

85:17

106:16

109:7

121:16

121:18

122:5

123:4

124:22

125:7

135:18

144:1

181:3,9

194:17

198:9,11

201:19

204:2

205:4

256:2,3

281:18

direct...

255:8,10

255:15

255:16

directive

88:11

184:13

191:14

191:17

298:16

direct...

190:21

191:2

directly

200:7

245:8

discarded

241:19

241:22

242:1,9

discharge

14:3

239:16

discha...

13:17,20

14:4

148:1,4

148:15

149:3

202:17

259:7

discha...

147:5

discha...

13:8

148:8

discip...

12:11,18

13:1

14:12

discip...

12:19

13:4,6

13:10

discovery

1:17 2:1

159:1

discuss

5:18 6:5

discussed

5:7

250:1

discus...

251:8

discus...

224:5

dislodge

138:3

disori...

198:18

DISP 47:6

dispatch

24:2

33:16,22

42:18

46:6

47:10

48:14

49:6

72:8

86:4

87:15

225:20

259:10

259:17

297:10

dispat...

37:21

41:15

42:6

44:16

48:17,19

49:3,3

49:13,14

49:16,18

72:6,12

81:13

101:20

294:2,7

dispat...

34:2

35:14

36:10

47:9,14

47:22

48:8

49:4,6

54:1

72:10

293:16

294:14

297:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 94 of 144 PageID #:2570
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

325

302:14

302:21

dispat...

39:10,16

47:16,18

48:2

72:18

302:11

302:17

302:18

303:5,6

303:12

dispat...

33:21

display

165:1

displayed

125:17

143:6

158:5

185:15

186:18

254:7

285:16

displa...

96:21

285:15

disposal

170:5

dispos...

47:6,10

dispute

54:10

disres...

189:10

distance

86:10

120:1

124:11

125:3

198:1

246:16

distin...

175:18

176:1

district

1:1,1

5:12,12

12:8

13:7

19:2,12

25:1,20

26:8,11

27:13

29:18,19

29:21,22

30:5,11

40:22

42:13

46:17,21

47:2,3

48:12

51:21

52:6

74:8,12

149:1

225:1

242:20

244:4,11

259:20

260:10

262:13

288:13

290:22

291:3,11

298:11

302:12

303:21

districts

12:5

74:13

146:22

298:12

303:22

distur...

232:9,14

232:20

233:10

233:19

DIVISION

1:2

doctor

205:13

249:15

253:10

254:11

254:15

265:2,10

doctor's

264:21

265:6

doctors

249:13

267:8

doctrine

287:2

document

34:20

35:18,21

36:3

37:12,15

37:17

38:2

40:16

44:11,14

44:21

47:13,15

49:5

50:8

51:6

145:15

149:8,10

150:1,5

150:15

150:17

153:20

159:8,17

160:15

162:6

236:14

245:15

267:3,5

268:21

269:9,13

272:13

272:21

274:21

276:3

277:13

277:19

280:6,9

280:12

280:14

297:9

docume...

161:8,12

278:2

documents

45:7

48:19

72:18

287:6

doing

32:15

52:18,21

55:19

87:12

106:12

106:22

120:2

126:12

142:6,7

153:2

212:13

244:4

266:13

279:21

283:16

288:14

293:14

donut

95:14

Double

276:15

download

29:4

downlo...

145:20

dozen

19:17

Dr 252:14

252:22

253:3,4

253:8,11

288:19

drafted

90:17

302:9

draw 83:1

102:19

261:7

drawn

161:21

dressed

79:21

80:5,6

drew

112:18

drive

23:10,15

152:10

driven

26:17

driver

23:16,22

24:4

driving

23:9

24:7,17

25:1,3

26:21

53:5,9

66:19

dropped

52:20

249:4

drove

252:8

drug 69:11

69:13

71:17

72:3,11

72:16

73:5

82:6

84:3

114:12

183:8,15

184:14

185:4,7

238:11

239:6,7

254:19

254:21

297:10

297:17

297:22

303:15

drugs

157:5,15

158:14

185:5,8

185:14

238:17

253:22

dry 137:13

137:18

137:21

138:3,5

138:7,13

152:16

296:3

DU 308:2

309:2

Dubiel

1:12

30:22

31:10

60:16

145:20

148:11

231:6

287:5

Due 234:8

duly 4:4,9

269:11

308:5

duration

59:18

63:2,19

79:8

93:12,15

94:2

105:13

222:19

duties

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 95 of 144 PageID #:2571
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

326

75:6

168:4

duty 11:14

19:21

21:3,9

29:6

30:16

31:4

32:18

33:3,12

76:16

95:14

149:3,6

229:9,13

229:16

229:16

239:21

243:3

292:15

292:16

E

E 1:11 3:1

3:6 76:5

76:6

ear 38:20

earlier

21:1

25:6

48:19,20

49:10

82:8,18

113:4

182:10

182:17

183:3

201:1

225:13

228:12

276:7,18

277:19

278:8

281:15

291:18

early 79:2

273:6

eastern

1:2

31:21

easy

140:11

effect

131:9

effective

73:19

152:6,11

173:22

174:13

174:16

effects

158:14

efficient

238:21

effort

76:8

169:4

eHOW

151:12

eight

15:15

93:20

246:1,2

eight-...

15:17

either

4:18

54:10

84:6

90:4

92:9

102:15

103:16

104:8

124:12

127:12

134:3

136:4,8

138:13

143:4

152:7

172:5

189:11

205:13

213:18

237:17

292:14

292:20

294:1

298:19

302:16

elbow

121:3

276:9

electric

152:7,9

295:9,22

electr...

138:15

138:20

electr...

140:18

140:19

electr...

131:11

295:18

295:21

elements

272:6

273:8,22

277:22

Eleventh

29:21

30:5

emerge...

90:3

98:10

emergency

26:4

33:6,16

55:18,22

56:9

88:20

89:16

90:3

91:8

98:14,15

98:18,19

98:20,21

288:2

293:20

293:22

297:17

298:14

eminent

270:8

emphasize

281:4

employ

92:17

employed

10:19

Employee

1:9

employees

285:11

empty

238:9

en 67:1

91:21

ended

33:13

291:16

292:15

ends 7:9

energized

132:17

enforc...

151:21

152:22

181:3

engage

102:3

200:20

216:7,9

294:17

engaged

52:13

79:6

163:14

engaging

216:7

engine

41:16

enter

36:15

entered

36:10

248:6

entering

131:11

174:17

entire

39:11

308:9

entirety

188:10

188:20

entitled

98:9

115:3

150:20

183:8

188:13

297:21

298:16

entries

37:13

47:14

241:12

302:12

entry

36:16

53:11

148:4,6

259:13

equally

191:11

equate

82:7

equipment

25:21

26:3,4,8

26:11,22

27:10,14

28:10,13

28:16

29:8

33:15

34:4

55:18,21

55:22

56:1,8,9

56:10,10

56:13

57:9,9

57:19,21

63:13,16

equipped

20:14

26:21

27:3,10

27:14

28:9

51:19

52:3,14

54:18

56:8

57:4,22

102:9

erased

282:2

escalate

161:17

169:7

escape

167:2,4

escort

69:20

85:5

97:17

108:9

115:20

119:6

120:13

256:13

271:10

276:4,9

276:21

277:12

277:14

278:18

280:7,11

280:18

281:1,2

281:13

282:10

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 96 of 144 PageID #:2572
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

327

282:17

especi...

40:8

194:22

216:22

306:3

establ...

35:17

53:5

180:18

establ...

88:11

esteemed

90:18

estimate

60:18

93:4

105:21

estima...

133:21

et 98:16

ethical

234:6

evasive

198:3

evening

30:15

91:14

229:9

261:19

291:19

293:10

event

13:11

14:2

21:16

34:20

36:7,20

38:10

41:2

43:10

44:20

46:2,5

47:19

59:19

82:18

93:15

94:2

103:4

105:20

112:13

133:20

140:21

141:12

141:13

149:18

186:11

202:17

213:9,11

225:2

242:4

297:3,5

302:8,10

events

68:13

218:15

273:6

eventu...

79:9

141:10

everybody

101:21

111:3

143:1

154:13

evidence

56:4

71:6

100:18

116:17

182:3

199:12

204:8

208:19

219:19

278:15

288:4

301:17

exacer...

158:14

exacer...

157:16

exact

141:1

210:1

exactly

145:8

147:4

259:16

EXAMIN...

3:4 4:11

290:18

examine

249:14

examined

4:9

265:11

example

39:6

112:10

137:21

231:22

250:19

257:1,11

excerpt

98:8

exchange

23:8

excluding

230:10

230:13

excuse

61:13

117:6

279:1

Executive

152:2

exercise

174:22

exerted

92:19

exhaus...

157:5

exhibit

3:9,10

3:11,12

3:13,14

3:15,16

3:17,18

3:19,20

3:21,22

34:19

40:11

41:13

42:7

43:18,20

45:17

46:11

48:16

72:10,22

73:4

82:14,20

84:14

87:16

98:7

145:13

145:16

147:18

149:9

150:19

151:10

158:19

160:19

161:14

174:16

176:4

191:4,18

197:17

224:2,9

239:19

268:8,9

268:19

269:6

297:8,21

exhibited

234:22

exhibits

34:8

45:19

87:10

190:20

297:4,6

existence

174:6

exit 103:3

exited

61:1

106:2

expect 5:5

5:15

213:3

expected

135:8

239:2

expecting

102:18

196:7

expedite

12:21

expel

138:9

expelled

134:22

135:12

140:6

196:8

expels

139:14

experi...

5:2 47:9

112:8

114:3

130:10

132:7

138:12

141:15

173:16

217:14

235:3

238:14

238:19

239:3

254:6

experi...

189:12

221:14

experi...

68:9

109:20

238:17

240:22

241:13

242:7

245:6

256:8

explain

56:22

277:5

explained

134:5

expressed

165:16

extent

131:10

222:21

263:3

286:21

extract

206:1

eyes 203:9

209:6

248:21

249:2

285:4,6

F

face

107:13

109:5

191:19

203:5

285:1

face-down

206:10

facial

107:11

107:12

facili...

184:13

facility

74:10,10

74:11,12

76:7

97:18

108:11

199:8

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 97 of 144 PageID #:2573
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

328

233:15

298:10

298:10

303:17

303:21

304:4

facing

80:18

85:17

137:10

273:11

282:14

fact 94:8

127:17

160:16

217:21

221:19

222:14

227:18

247:1

258:19

260:7

264:3

facts 56:4

71:5

100:17

116:17

182:3

204:8

208:19

219:19

267:8

278:15

288:4

301:16

fail 4:17

fair 7:11

7:12

39:20

58:15

62:14

65:11

78:6,10

84:18

85:3

89:14

95:3

105:14

106:10

112:6

113:1

125:14

127:1

163:11

164:6,19

180:6,8

190:7,11

192:19

192:20

196:14

210:10

210:14

210:15

214:1

233:12

233:21

247:4,5

250:8

256:22

273:21

303:3,6

fairly

119:11

140:11

242:17

fall

135:13

135:18

155:5,5

155:13

155:21

155:22

156:8,14

203:4,5

204:20

205:2

falling

111:19

112:17

familiar

24:13

90:4

91:2,3

303:7

famili...

32:10

far 11:7

31:20

35:8

97:22

108:17

111:4

121:17

124:7,8

124:9

130:18

133:17

193:15

215:5

246:13

246:16

271:15

273:18

296:6

fast 145:4

156:8

faster

86:22

104:15

fear

127:20

143:5

158:6

210:19

263:9

Federal

1:21

feel

210:19

feels

131:13

feet 94:15

95:1

118:7,14

119:21

120:9

124:10

124:11

125:2,4

125:13

125:15

126:5,8

126:22

133:19

133:22

133:22

217:12

296:8

fell 155:7

203:7,12

203:13

204:3

206:10

212:3

fellow

158:7

228:3

fellow's

244:14

felt 96:1

126:11

126:12

226:22

232:17

238:20

253:18

female

16:15

64:10

79:9,11

210:3

222:20

287:13

field

155:8

227:17

233:18

236:21

237:5,14

238:8

247:11

253:1,17

289:4

figure

140:11

figures

160:14

160:17

160:22

file 18:10

filed

268:4

fill 20:8

24:15

56:22

57:2

229:22

230:5

232:9

237:17

238:5

239:2,15

239:17

245:6

260:7,13

filled

229:8,17

238:3

239:20

240:3

289:16

filling

228:20

228:22

229:5

235:14

239:13

244:8,12

254:22

260:6

finally

231:12

find 29:7

47:22

173:7,13

238:8

247:9

249:17

fine 4:22

9:3

32:17

265:20

fingers

9:6

finish

113:8

165:4,5

165:8

252:12

274:2,3

finished

7:20 8:6

20:9

113:17

251:22

finishes

21:9

finishing

228:18

fire 34:3

41:15,15

48:4,18

49:2

61:6,7

62:20

63:5,10

64:5,7

70:2

72:10

82:6

88:7,12

88:17,19

89:5,14

91:6,7

92:5

99:8

105:9,9

239:16

249:4

294:2,7

300:10

300:20

301:3,6

301:11

305:12

305:13

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 98 of 144 PageID #:2574
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

329

305:14

305:15

firearm

239:16

firearms

171:10

fired

144:5

258:16

258:19

258:21

firefi...

63:13

firefi...

63:12,13

63:15

firemen

63:6

93:16,18

210:7,8

firing

146:8

first 4:9

7:3 8:11

34:18

37:15,15

48:7

64:13,16

65:20

77:17

80:15,20

89:4

101:18

113:11

144:2

151:20

161:14

162:10

168:6,17

170:10

170:21

172:21

174:20

175:7

176:10

196:14

204:13

204:17

224:14

242:14

243:2,18

244:16

245:1

258:16

258:21

259:9,13

268:9,11

268:15

268:21

269:11

274:22

279:15

279:18

280:3

296:19

302:22

308:5

fist 198:8

198:10

fists

107:1,2

107:6

109:19

111:22

121:15

121:20

123:19

124:20

125:16

166:21

194:16

256:10

256:16

256:18

271:12

281:8,18

285:17

five 11:3

63:12

97:3

118:7,14

119:21

120:9

124:10

124:11

125:2,3

125:13

125:15

126:5,8

126:22

133:7,19

139:5,14

139:16

296:8

flail

121:16

122:2,4

122:19

123:17

123:20

126:8

194:15

200:15

220:21

flailed

122:21

123:18

125:6

187:9

281:17

282:2,6

282:9

flailing

122:18

122:22

123:2,7

123:11

123:21

127:14

127:16

129:1

198:4,8

199:6

211:22

220:18

220:19

281:7

285:17

flails

217:16

flap

266:22

fleeing

108:18

108:22

109:3

flight

198:4

floor

132:18

132:20

203:1,2

focus

25:10

202:2

folks

221:19

221:21

285:8

follow

6:13 8:1

8:4,5

81:18

114:22

152:1

170:6

217:6

249:16

255:8,17

255:22

256:4

306:8

follow-up

290:17

299:19

305:2

followed

5:17

74:21

216:15

following

43:12

180:14

208:22

266:20

follows

4:10

44:4

101:5

197:14

224:7

footage

29:3,4,5

force 77:4

92:18,19

161:18

167:8,15

167:17

168:2,6

168:18

169:21

169:22

172:20

173:2,6

173:19

175:1

180:12

180:14

181:1,15

190:21

193:9

231:11

foregoing

269:12

309:5

forgot

16:6

57:15

forgotten

9:1,2

form 13:3

23:18

24:16

27:5

31:6

33:9

38:22

39:13

40:1

41:10

52:22

55:8

56:6,15

59:5

65:3

66:4

69:2

70:17

76:19

78:8,17

81:20

82:10

85:1,20

86:6

87:1

89:18

90:6

91:18

92:7

95:7,16

96:3

99:11

100:5

102:20

109:16

110:11

122:14

129:20

132:4

133:1

147:6

157:18

163:17

164:13

166:16

166:18

167:10

169:10

170:2,12

174:3

181:10

182:14

208:10

218:2

221:21

222:16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 99 of 144 PageID #:2575
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

330

266:3

267:14

271:18

273:2

276:14

276:22

277:6

278:14

288:3

289:11

300:12

301:15

formation

101:15

formid...

112:5,12

112:16

112:19

forth

152:1

308:10

Forum

152:2

forward

127:13

155:5

203:4,19

found 85:7

founda...

27:15

28:3

30:7

35:16

36:12

37:3,15

37:17

38:6,15

40:14

41:11

42:3,14

43:15

44:10

45:4,13

46:8,18

47:7

48:9,21

49:19

50:5

51:4

56:3

57:11

86:6

110:12

110:21

146:18

146:19

147:7

148:9

150:22

160:14

four 53:12

53:18

94:8

95:22

161:13

187:17

191:6

fracture

265:16

fractured

249:17

250:12

251:17

253:5

frame

258:13

FRANCO 2:9

free

150:13

307:3

freedom

186:13

frequency

161:3

frequent

39:16

fresh

225:15

226:13

273:7

Friday

227:6,10

227:10

227:12

friend 1:3

friends

294:18

front

41:14

101:12

109:6

112:22

124:13

133:16

135:14

136:14

136:15

136:19

137:11

154:14

155:4

174:13

197:17

200:7,17

202:18

207:11

208:1,3

224:9

full 7:11

7:13

15:14

75:10

102:6

198:4

202:7

291:22

fully-...

12:2

furlough

30:10

further

37:1,11

37:22

50:16

74:14

82:21

84:16

100:22

110:15

151:5

153:7

183:22

242:1

257:14

276:2

290:15

299:18

305:1,18

306:20

307:8

308:12

G

G 46:17

G-u-e-...

22:13

gain 143:9

168:8

185:22

192:21

207:1

284:7

285:12

286:16

287:20

288:7,8

gained

284:21

gaining

289:15

Gallardo

2:14

270:9

gals 142:2

garners

40:6

gather

251:13

geared

249:3

gender

64:12

210:5

287:15

genders

287:14

general

30:12

55:6

62:9

68:12

83:20

118:4

120:22

121:18

125:1

145:2

173:15

173:18

176:4,5

197:18

201:19

214:22

215:10

215:12

216:1

262:20

281:19

genera...

68:7

91:3

generally

52:9

71:13

91:20

152:1

254:22

255:20

generate

237:10

generated

147:19

223:20

224:11

224:12

225:14

226:16

226:18

226:20

233:7

235:7

236:11

237:9

252:17

265:15

289:3

generates

265:12

genera...

234:9

237:7

243:12

243:22

245:8

262:13

264:20

gentleman

80:4

197:4

gentlemen

39:21

gently

276:9

geogra...

31:15,17

31:18

32:10

39:7,20

41:6

52:10

geogra...

32:3,5

32:19

35:5,8

51:21

55:5

225:1

George

2:19

192:10

Geraldine

1:8

gesture

120:21

121:8

122:7

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 100 of 144 PageID #:2576
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

331

164:5

281:16

gestured

121:1,7

169:1

201:3,7

201:14

201:17

202:6

278:9

280:1

gestures

10:14

198:3

gesturing

201:15

201:18

getting

84:9

124:6

191:20

216:17

220:1

283:2,18

give 5:4

6:4 8:13

9:11

20:10

25:18

27:18

32:1

43:18

45:18

68:12

79:14

129:12

131:22

145:12

145:19

173:9

188:17

189:4

193:19

194:6

195:11

235:22

246:15

257:14

259:11

given 5:1

6:18

17:18

18:7,9

25:14

40:22

46:21

53:15

80:11

86:10

97:2

102:2

109:18

142:22

154:8

167:19

188:12

193:19

202:2

213:11

233:17

273:12

301:19

303:12

306:5

308:9

309:5,9

gives

47:10

244:13

giving

197:5

219:13

221:9,13

296:11

Gladys

302:22

GLORIA 2:1

308:3,19

go 6:11

14:22

18:22

20:17,20

35:18

40:6,9

41:8

42:1

45:17

48:6

52:5,7

52:12,16

53:19,21

61:8

65:21

66:14

68:11

70:17

71:14

97:10

100:22

109:6

117:8

119:15

124:11

131:15

135:7

141:7

144:18

145:13

149:8

153:8

156:19

161:13

166:8

175:13

176:4,10

180:11

181:21

185:16

186:9,14

186:20

187:22

190:1,12

191:8

196:4

197:9,21

200:5

205:6

212:12

224:3,17

230:1

242:18

243:17

245:8

255:12

255:21

256:19

257:14

259:10

270:12

270:13

276:2

278:10

280:4

296:12

296:13

305:6

307:4

goes 26:5

73:17

120:16

188:19

221:7

237:2

going 4:16

5:4,10

7:15

9:20

12:20

19:20

20:13,14

21:12

34:8

37:14

45:20

46:6

50:20

54:1

61:9

62:9

70:16

73:21

76:18

91:16

98:12

101:18

102:21

105:16

110:1

114:6,8

123:6

126:1

130:9,13

130:17

132:17

134:2

138:21

142:11

143:15

145:13

149:10

150:14

150:18

150:21

153:6,9

154:9

155:9

156:20

157:17

163:9,16

164:12

171:14

174:3,14

178:5

182:14

187:12

189:3,14

189:15

189:20

196:2,10

196:22

197:1,2

198:9,10

211:4

215:12

218:15

232:21

233:1,2

250:15

251:1,2

252:10

260:20

261:3,4

269:6

272:12

278:14

278:20

279:1

280:4

286:18

286:20

289:10

295:6

298:4

302:6,7

Gonzales

215:19

Gonzalez

1:8 60:3

93:11

good 95:4

95:5

133:21

148:13

172:4

202:16

245:12

247:20

282:18

gotten

191:21

240:21

grab

127:13

187:2

190:9

276:9

grabbed

278:8,11

278:19

279:4,16

280:16

grabbing

279:17

279:20

gradat...

168:2

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 101 of 144 PageID #:2577
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

332

grade

17:18,20

grapple

193:17

grappling

68:19,22

194:20

grasping

17:10

great

162:19

217:1

263:9

greater

124:11

191:3

grip

278:13

ground

14:1,3,4

133:16

141:7,21

156:11

166:13

203:3

204:17

207:1

208:16

209:1

grounds

12:21,22

89:2

90:15

91:11

99:4

149:11

150:9

159:9

162:2

174:8

188:5

250:16

251:3

278:20

group

101:12

guard 8:19

9:14

guess 8:11

8:13

43:9

95:2

107:4

117:16

173:11

194:1

282:22

guessed

8:18

guessing

8:18

Guettler

1:6

22:13,14

23:6

26:17

32:9

85:4,13

93:9

96:9,10

100:9

109:10

109:15

121:5,10

121:17

124:2

177:8,10

187:7

215:18

219:22

220:7

263:8

271:7,10

272:1

276:4

277:14

278:18

278:19

280:10

282:5,8

282:10

282:15

292:3

guidel...

88:4

152:1

180:12

guiding

122:7

gun 20:1

94:8

138:1,8

139:13

140:5

146:8

160:11

162:15

163:10

190:10

247:22

257:17

257:20

gunfire

160:8

gurney

209:10

209:12

209:16

212:15

212:17

212:20

212:22

214:5,8

214:12

214:14

214:21

215:2,4

215:8,12

220:15

221:5,7

222:15

247:21

306:11

306:13

306:17

Gutrey

32:12,14

guy 84:3

guys 34:7

131:22

142:2,20

178:10

H

H 1:12 3:6

H-i-n-...

159:18

habit

172:13

hair 79:14

79:15

107:11

107:12

half 27:12

27:22

28:6

106:8,9

106:10

153:12

266:1

half-hour

33:12

hand 4:3

7:17

103:7,13

103:17

110:9,14

111:9

120:20

121:2,3

121:6,8

162:15

241:11

308:15

hand-made

260:5

handcuff

207:8,17

handcu...

206:8,13

207:1,11

207:14

207:15

208:1,3

208:8

209:4,6

212:19

handcu...

208:13

handcuffs

102:11

104:2,5

104:9

170:11

170:17

170:22

172:18

192:16

192:17

193:7

206:15

206:16

206:17

206:18

209:14

213:4,7

213:8,10

213:12

handful

131:2

handle

258:12

handling

83:6

hands

103:20

104:9,11

106:22

107:2

119:12

121:20

123:22

204:21

207:7,11

213:15

214:4

handwr...

148:17

happen

130:13

132:1

217:17

happened

119:4

120:5

121:14

133:10

202:21

202:22

226:22

262:8,16

262:17

262:18

263:4,21

263:22

266:9

281:9

happening

42:18

230:14

253:18

271:16

happens

131:14

260:11

hard 4:16

10:10

220:20

harm 8:22

99:1

162:19

182:6

217:1

228:10

263:10

harmed

14:2

Harry 1:6

hat 107:8

head 10:11

122:3

136:22

189:18

203:14

204:5

223:13

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 102 of 144 PageID #:2578
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

333

251:12

health

74:11

76:8,17

157:2,7

232:18

233:8

234:9,11

234:17

235:6,9

298:13

hear 6:2

7:4,5

33:21

38:20

39:22

49:14,15

52:4

117:22

160:10

177:16

219:12

220:13

231:18

232:2

294:5,10

heard 7:18

50:20

51:17

52:11,18

58:2,4

116:14

119:3

128:21

169:17

169:18

169:19

185:3

189:18

204:5

220:10

220:11

223:2

232:4

250:19

260:22

279:18

hearing

38:11

50:12,14

51:10,11

83:10

129:4

141:3

160:22

204:10

297:13

hearsay

159:6,6

159:10

160:1,14

160:15

162:4

heavier

246:5

height

94:14

245:14

245:19

held 133:3

224:5

284:14

284:20

hello

302:22

help 6:9

6:13

40:8

70:2

83:12

116:15

119:16

120:18

120:22

169:3

185:19

186:3

249:11

255:13

255:21

306:11

306:12

helped

283:14

helpful

182:20

helping

289:15

hemorr...

265:17

herein...

308:10

hereof

308:15

hereto

309:11

hereto...

182:3

hereunto

308:15

hernias

157:3

Hey 119:14

255:20

hide

217:21

218:4

hierarchy

169:22

191:2,12

high 41:2

44:9

45:3

higher

118:10

198:12

highest

41:1,5

Hinkel

159:18

Hinsdale

2:8

Hispanic

77:22

79:9,12

107:15

107:21

222:20

236:7

history

166:11

237:16

hit 204:5

204:12

205:2

208:16

211:22

285:14

hold 4:19

135:17

139:1,2

139:15

139:16

140:12

183:11

193:17

256:13

276:8

278:6

281:1

284:7,13

284:18

holding

142:11

142:14

283:21

284:9

285:2

holds

193:10

hollering

118:16

holster

103:14

home 74:8

230:1

hope 4:19

hospital

69:21

71:19,22

77:4

84:4

88:18

98:17

145:1

213:21

213:21

235:2,5

249:3,6

249:11

251:18

251:21

252:2,7

253:3

264:12

264:13

264:15

264:18

265:2

266:1

267:9

283:1,1

283:5,18

283:20

284:12

285:9,12

285:20

286:6,16

287:7,8

287:9,17

287:19

288:7,11

288:18

289:15

297:1

298:13

299:15

304:1,1

305:6,11

305:16

306:9

hospit...

98:22

hospit...

253:14

265:7

hospitals

298:15

hour 37:7

79:2

147:22

148:2

249:9

hours

15:15

21:22

35:15,22

188:6

house

86:20

huge 142:8

human

117:17

hypoth...

41:11

116:17

182:2,2

199:11

217:7

219:19

301:16

I

IACP 152:3

idea 150:1

150:17

203:21

ideal

137:12

ideally

153:14

identi...

47:17

identi...

65:13

176:18

180:18

244:20

245:15

identi...

49:10

74:3

298:7

identi...

65:13

identi...

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 103 of 144 PageID #:2579
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

334

24:16

identify

24:22

25:17

176:17

177:6,17

identity

65:1,9

ignored

216:20

III 191:4

191:8

IL 2:8,10

2:15,20

ILCS 98:16

184:15

Illinois

1:1,14

2:3 5:12

90:12,21

98:15

182:10

182:15

240:18

246:7

247:2

308:1,4

309:1

illust...

175:14

175:16

imagin...

135:13

immediate

29:11,13

30:3

41:17

81:19

98:22

105:22

216:17

immedi...

6:4 29:9

41:7

74:13

213:17

213:18

249:1

298:9,11

303:20

impeach

277:2

impeac...

277:3,7

278:16

278:21

implic...

174:10

implies

174:4

imply

174:6

important

7:2

improper

277:3,6

278:16

278:21

in-ser...

15:2

167:21

inaccu...

190:22

inappr...

196:21

incapa...

141:9

152:7

incapa...

131:16

298:8

299:9

303:18

incapa...

135:15

incapa...

152:9,17

incess...

39:18

inches

245:22

246:1,2

incident

219:12

224:18

225:4,15

232:17

240:14

241:2,16

242:8

249:20

259:3

267:11

290:8

includes

181:9

198:3

including

11:20

231:12

231:16

231:21

270:17

inclusive

309:7,10

incohe...

70:6

71:20

77:5

100:11

114:15

115:18

116:2

177:2,4

177:21

178:9

179:6

180:2

186:7

199:14

209:3

285:9

299:1

incomp...

116:16

182:1

217:7

219:18

301:16

incomp...

70:6

76:1

117:16

299:1

incorrect

40:3

130:11

174:8

198:10

218:11

increase

153:2

198:17

increases

161:9

indicate

55:16

242:15

258:17

281:5

indicated

55:16

128:14

151:11

275:12

275:20

276:12

290:20

292:19

295:7

296:15

297:8

298:17

indicates

36:9

145:19

242:19

indica...

276:20

indica...

150:4

indica...

153:18

indivi...

70:11

71:16

76:7

77:1

83:16

97:4

98:6

110:7

111:5

112:12

134:10

134:19

135:12

135:13

139:21

140:4

141:22

142:3

158:5

165:18

167:20

168:10

168:14

169:13

170:1,9

171:2,20

171:21

179:21

182:5

236:22

237:15

258:1

indivi...

111:2

indivi...

1:12

161:6

241:3

indivi...

270:16

indivi...

96:22

99:14

113:15

125:17

221:7

inference

261:7

inflict

228:10

influence

97:1

108:9

112:8,22

113:13

114:4,12

126:13

157:5,15

158:14

179:19

179:20

185:8,10

185:11

185:14

186:7

217:13

238:17

239:12

253:14

253:16

253:19

253:22

253:22

254:1,5

254:9,12

254:18

265:7

271:4

298:18

303:15

influe...

112:9

inform...

36:10,15

37:11,22

41:8

82:22

108:16

145:19

154:8

160:21

162:11

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 104 of 144 PageID #:2580
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

335

164:6,19

224:15

224:18

236:7,9

236:17

240:12

241:20

243:16

244:16

244:17

244:22

245:7,10

245:17

245:19

246:21

247:12

249:2,19

252:16

259:2

260:21

261:11

264:5,21

270:21

286:22

294:13

301:19

informed

98:19

infringes

250:3

initial

14:18,20

40:12

48:5

69:10

83:14

87:15

232:20

243:20

244:17

245:2

254:20

297:10

initially

58:13,21

72:7

77:1

96:8

97:7

99:22

105:13

123:7,10

125:19

168:9

185:21

206:8

225:20

226:21

291:15

301:7

302:5

initials

259:14

259:16

initiated

109:10

injured

14:5

135:20

243:5,7

243:9,12

243:13

243:15

248:17

265:3

injuries

157:3,16

injurious

157:1

injury

135:22

155:14

235:11

236:1

248:19

251:20

265:5,18

265:21

266:11

286:13

289:13

290:6

296:16

inquire

84:11,18

100:10

108:16

266:7,8

289:17

290:7,10

290:16

inquired

266:13

288:11

288:19

288:20

inquiring

84:12

inquiry

100:1

288:22

inside

28:20

29:1

138:21

284:12

287:20

instit...

15:7

instru...

135:8

141:6,8

instru...

136:3

181:9

instru...

31:11

instru...

16:13

154:20

155:1

instru...

16:18

17:9

131:19

131:21

134:1,8

135:11

135:19

136:11

137:19

139:3

154:11

integrity

176:20

intell...

7:12,14

intention

304:3,10

intera...

111:5

intera...

70:5

intera...

270:17

270:21

intere...

308:14

interf...

198:18

interject

5:19

100:20

internal

250:13

intern...

249:18

253:6

Intern...

146:13

146:17

147:10

150:3,4

152:3,4

152:21

Intern...

154:5

Internet

150:6,8

159:17

159:22

162:4

167:21

interpret

37:13

interp...

191:22

Interr...

268:11

268:21

277:17

Interr...

270:14

270:15

270:20

273:5

275:9

278:17

282:21

286:19

286:21

interrupt

7:16

9:10,20

165:10

187:12

196:13

interr...

188:7

interr...

196:17

inters...

62:8

interval

125:11

intervene

219:16

interv...

50:21

intoxi...

74:4

184:5,9

184:10

184:22

185:4,13

introduce

167:17

inventory

205:18

230:15

invest...

176:20

invest...

113:11

involu...

156:22

involved

163:18

184:22

214:7

303:5

involv...

38:12

151:17

IR 237:15

238:2

irrele...

162:5

184:4

186:16

195:8

issue

146:17

238:6

issued

152:22

292:1

issues

188:11

item 173:4

items

172:17

J

J 1:7 2:19

January

270:3,4

273:6

jealously

9:14

jeopar...

176:18

jettisons

295:8

job 37:21

40:5

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 105 of 144 PageID #:2581
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

336

49:16

81:10

83:5

87:15

101:20

113:5,9

289:14

Joe 262:5

John 1:6

2:6,6

43:20

65:4

100:20

188:5

261:21

274:8

join 27:6

27:16

28:3

31:7

33:10

39:1

41:12

59:6

66:21

69:3

70:13

78:9

81:21

85:21

86:7

87:2

95:8,17

96:5

99:12

109:17

117:8

122:13

132:11

157:22

163:3,6

169:11

170:13

173:8

217:8

218:3

222:1,6

222:17

joining

174:14

joins

159:14

jointed

10:1

Jolt 160:5

Jose 1:3,7

77:19

80:5,12

89:6

93:21

96:1,16

100:2

101:11

108:4

109:13

115:6,17

115:18

115:20

118:6

119:9,12

119:17

121:10

124:15

124:19

143:20

144:18

144:20

151:17

155:19

156:4,13

156:17

162:11

163:11

164:4,7

164:20

166:10

166:13

168:17

169:8

190:10

190:12

208:7,15

209:11

209:19

212:15

218:1,9

222:14

225:2

231:18

233:6,13

233:21

243:18

244:20

245:1,13

247:1,6

249:17

250:12

251:11

251:17

251:20

254:11

261:18

265:1

270:17

272:22

276:9

277:12

278:6

283:18

283:21

284:7,20

294:22

300:3

301:10

305:5,8

305:10

JOSEPH 1:9

2:13

jot 241:9

JR 1:8

2:19

Judge 1:6

1:8

188:19

188:19

188:20

judgment

74:3

298:6

299:12

July 21:16

22:15

23:1,17

24:6

26:20

27:13

29:14

30:20

35:14

43:5,13

54:21

73:18

75:6

88:2

147:19

159:19

226:12

240:4,14

291:20

293:2

294:22

295:4

299:16

jump 207:4

Jury 1:12

justif...

235:5

justified

194:22

216:18

K

Kaitlin

2:7

43:18

Kearns

1:11

29:15,16

30:1,14

30:18

57:17,18

57:20

58:10,11

58:14,16

58:22

59:14,20

60:13

93:12

215:20

216:4,6

216:10

216:11

231:7

240:8,19

242:3,10

262:7,15

262:19

263:2

287:4

Kedzie

62:13

keep 7:4

18:9

20:4

33:2

45:20

56:17

72:22

111:4

242:3

261:3

keeping

161:3,5

Kenneth

31:21

KEVIN 2:14

kicking

211:21

kill 34:11

kind 5:7

6:12

12:11

13:21

14:11

17:8

18:7

20:5

24:15

25:19

26:11

28:12

33:6

34:3

36:7

38:19

39:10,21

43:12

49:17

61:22

66:18

99:8

105:15

126:14

129:18

185:12

186:3

193:16

193:17

215:1

236:13

237:16

245:15

247:22

256:16

261:7

265:8

284:19

286:12

286:14

304:12

kinds

12:18

155:12

170:4

235:11

knew 22:4

67:1

103:12

108:1,4

130:18

144:4

163:13

229:5

230:2

233:2

know 5:16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 106 of 144 PageID #:2582
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

337

8:21,22

9:1,10

10:3,7

16:22

18:1,4

22:2

25:3

26:14,20

27:19,19

28:5,5

29:19

30:4

36:14,18

36:21

37:2,12

37:19

38:2,4

39:10

40:19

42:5,16

42:18

44:8,13

45:6,12

45:15

46:10,20

48:13

49:4

50:7

51:20

52:2

53:4

54:12,14

57:4,15

57:21

58:13

59:7,8

59:13

62:6

63:1,3

65:4,5

65:10,16

65:18

66:7,22

67:20

68:8,9

70:5

71:8

72:17,18

75:13

77:13

78:11,18

81:1

82:3

88:1

91:21

93:8,9

93:10

94:4,8

97:22

100:7,21

102:10

103:2

105:6

106:14

106:15

106:18

106:20

108:13

108:17

109:8

111:10

112:21

113:8,14

114:7

115:2,13

115:14

117:5

118:4

119:13

120:3,11

121:6,6

121:9,12

122:1

124:5,8

127:3

130:19

130:20

133:11

137:13

139:15

139:19

140:10

142:11

147:10

148:11

148:12

148:20

149:6,12

150:6

151:13

154:7

159:2

160:20

161:5

171:18

172:11

172:13

173:11

177:9

179:20

180:2,8

182:15

189:12

189:16

192:1

197:1

201:21

202:6,13

204:2,12

206:13

206:18

207:13

207:14

209:21

210:1

213:6,12

214:8,9

216:2,12

217:3,12

218:13

219:8,10

223:8,11

223:13

225:6

226:8,19

228:6

245:18

247:4

248:10

251:7,8

254:5

255:18

256:16

257:10

258:2

259:15

259:16

260:8,14

260:15

260:17

263:3

267:3,3

274:1

275:8

279:7

280:15

280:16

281:3

283:9,13

284:6

285:10

286:14

287:11

287:19

300:16

300:18

300:19

300:21

301:1,2

301:14

301:19

302:3

304:2,10

304:16

304:21

knowing

48:4

52:14,15

208:2

233:1

knowledge

75:4

79:1,4

88:4

136:10

150:16

185:6

206:14

243:8

269:14

knowle...

260:11

known

112:9

152:9

L

labeled

47:20

lack 30:4

77:14

laid

220:15

language

116:6

191:17

larger

112:12

largest

152:4

LaSalle

2:14,19

law 2:9,13

2:18 5:5

74:6

76:18

151:21

152:22

181:3

lawyer

266:14

270:8

lawyers

5:6,16

6:3,7,13

8:15

9:14,18

9:19

10:9

45:20

90:18

161:19

251:13

262:12

266:8

lead 6:14

82:2,3

learn 65:1

80:5

147:14

249:21

261:16

learned

65:8,11

77:18

90:4,14

90:16,19

140:14

168:1

250:11

learning

251:9

leave 29:1

196:7

247:8

led 190:20

190:20

left 59:20

106:5

122:19

231:3

247:11

251:21

282:16

283:6

284:16

legs

220:19

220:20

Leinen...

1:6

length

79:16

lengthy

17:16

lens 28:21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 107 of 144 PageID #:2583
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

338

lesser

190:15

191:2

let's

45:17

48:6

50:15

55:10

91:5

119:15

119:16

120:17

120:21

121:19

130:3

149:8

169:3

173:7,12

176:4,10

180:11

184:12

196:4

198:14

200:5

240:12

242:13

255:20

255:21

276:2

lethal

143:8

172:22

173:2

letter

174:21

191:9

letters

191:7,7

191:9

level 40:5

40:6

133:16

136:17

168:6

169:21

171:3

180:11

186:14

License

2:2

308:20

licensed

98:17

lied 8:17

lieute...

13:12

17:1

30:22

31:10

60:15

145:21

148:11

148:18

149:5

231:5

287:4

life 46:3

79:3

92:15

126:11

163:15

262:5

lift

212:15

light 26:4

55:13

lighter

246:3

lightly

134:13

135:17

135:20

135:21

limit

160:7

186:13

limita...

39:8

limita...

7:2

52:10

line 137:1

153:11

227:5

242:13

242:14

242:18

lines 84:2

206:7

list

298:14

listed 3:7

191:6,10

191:11

listen

38:21

40:4

114:21

126:17

listening

186:6

196:18

197:5

293:12

litiga...

158:22

little

4:21 5:4

50:15

77:16

83:7

86:22

87:18

118:19

189:15

189:20

191:7

258:15

265:8

272:12

276:2

lived

247:1

loaded

221:17

loan 30:5

291:9

local

151:21

located

61:22

62:15

66:12

74:8,12

80:20

155:13

201:9,20

202:13

location

15:2,10

16:3,5

41:7

52:5,7

52:13,21

54:2

55:2

58:1,2,5

58:7

60:21

61:19

62:11

86:4,10

87:7

201:8

210:1

225:1,10

241:2

long 10:14

11:1,19

14:8

15:11

22:19

23:5

55:4,13

60:18

100:6

105:21

106:5

119:1

123:11

126:7

138:20

138:22

139:1,6

167:14

215:6

225:4

249:6,10

252:11

269:21

283:5,9

284:13

291:13

300:22

look 34:18

44:18

45:7,9

47:19

50:15

53:11

73:20

91:5

92:14

95:13

98:7

148:3

151:20

153:11

155:8

158:17

174:19

174:20

183:19

184:12

198:14

227:9

232:7

238:10

240:12

242:13

243:2

246:10

260:5

269:3

270:13

274:21

280:6

285:1

looked

48:19

82:18

87:18

95:14

107:15

113:13

182:17

223:21

235:15

265:20

287:18

looking

40:11,20

44:6

46:11

48:15

72:10

80:17

182:20

203:8

244:19

244:22

285:8

296:9

looks 35:1

35:13

37:8

41:6,14

44:7

46:11

47:15

48:7,16

50:2,16

51:6

62:16,18

73:4

88:10

147:18

151:16

175:14

224:11

240:7,11

Lopez 1:3

1:10

60:11

70:6

71:9,16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 108 of 144 PageID #:2584
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

339

75:20

76:1

77:13,17

77:19

79:7

80:5,12

81:6

82:11

83:16

85:4,13

87:5

88:3

89:6

93:21

96:1,8

96:16,20

97:8,17

100:2,6

100:10

101:12

101:16

102:4

108:4

109:8,19

109:22

110:12

110:15

110:21

111:12

113:13

115:6,14

115:17

115:18

115:20

117:20

117:21

118:6,22

119:5,9

119:12

119:18

119:21

120:4,8

120:12

120:14

121:11

121:15

124:3,15

124:20

125:5,5

125:8,10

125:18

127:5,22

143:6,20

144:1,7

151:17

155:19

156:4,13

156:17

162:11

163:11

164:4,7

164:20

164:22

166:13

168:17

169:8

170:15

177:10

177:20

177:21

177:22

178:2,4

178:6,12

179:5,12

180:1,9

185:15

186:1,19

187:8,9

187:9

190:10

190:12

200:20

202:3,12

204:3

205:4

206:9,22

208:15

209:19

212:15

216:8

218:1,6

218:9

220:8

221:15

221:17

222:14

225:2

231:18

233:6,14

233:21

234:14

238:1

243:19

244:20

245:1,13

246:5,8

246:17

247:1,6

248:4,20

249:4,11

249:17

250:12

251:11

251:17

251:20

254:4,8

254:12

261:18

265:2

266:5

267:10

267:13

270:17

272:22

277:12

277:14

278:6

281:21

283:18

283:21

284:7,20

288:8

289:18

290:9

294:22

295:2

296:1,3

296:6,16

297:1

298:17

299:15

300:3,21

301:10

304:3,17

305:5,8

305:10

305:14

305:22

306:6

Lopez's

109:13

127:3

144:18

144:21

166:10

208:7

209:11

276:9

282:16

287:21

299:1

304:6

lose 141:9

156:2

losing

156:10

lost

141:19

lot 10:9

24:8

86:18

131:1

230:14

loud 204:5

208:15

louder

118:11

loudly 7:5

118:9

lower

171:9,15

172:19

173:2

193:9

258:15

lowest

169:21

170:2

LUIS 1:10

lunch

33:12

LUQUE-...

1:10

lying 8:16

M

M 2:13

machine

6:15,21

Magazines

102:11

Magist...

1:8

mail

287:13

main

170:16

maintain

119:18

176:11

majority

239:3

making

7:22

47:14

51:22

116:7

117:11

117:14

117:15

117:15

118:8,12

138:17

186:10

190:20

209:3

241:5

251:5

254:17

256:10

277:17

302:12

male 16:15

16:16

37:9

38:13

44:7

64:11

77:22

82:8,14

107:21

210:3

236:7

males

16:20

malfun...

29:9

man 71:2

71:11

72:3

77:18

79:1

82:19,21

83:2,4

83:12,14

83:19

84:7,8

84:19

85:15

107:16

112:5

117:18

127:2

142:8

177:2

181:20

216:15

217:5

236:14

236:19

237:11

243:15

245:14

247:21

248:3

253:5

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 109 of 144 PageID #:2585
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

340

254:18

256:21

257:7

263:6,19

265:11

265:16

266:9

288:13

289:8

290:7

man's

246:19

280:20

mandated

177:15

manipu...

295:15

manned

43:1

302:14

manner

109:18

109:21

119:2

205:5

231:9

256:11

manners

165:1

Mannheim

2:10

manning

42:21

manpower

95:22

MANUEL 1:8

manufa...

152:5

156:22

Mark 1:11

287:4

marked

25:8

256:6

268:19

291:18

297:4,6

297:21

marketed

160:7

MARS 26:4

mass

127:22

136:13

136:14

136:16

137:2,11

144:20

154:12

202:19

mats

132:18

132:19

matter 6:2

8:17

10:10

22:21

61:2

101:19

123:18

127:17

188:16

247:1

249:12

258:19

matters

5:6 6:14

12:21

39:19

max 106:8

maximum

27:3

mean 5:20

9:4 10:3

10:5

27:9

37:22

38:5

42:16

43:9

65:4

95:13

110:5

122:4,22

133:6

135:22

174:9

186:5

189:10

192:5

203:18

213:9

223:15

231:22

257:1,3

259:15

273:11

273:12

275:19

279:8

282:1

291:8

meaning

175:15

256:15

means 5:21

33:5

36:18

37:2,10

52:9

136:16

160:7

184:22

196:3

226:17

260:2

282:22

meant 25:6

222:4

254:8

measure

122:15

measured

245:13

mechanism

284:19

medical

69:19

70:11

71:3,12

71:22

75:20

85:7

88:20

89:1,16

90:3

91:8,10

92:20

97:18

98:2,14

98:15,19

98:21

99:3,7

99:15

100:4,11

108:11

109:11

111:13

115:8,15

164:22

170:16

182:7

199:8

205:12

218:16

234:13

234:16

234:18

235:9

238:14

238:19

239:3

252:1

253:2

285:18

301:12

304:7,11

medicine

238:20

meeting

31:12

Melrose

2:10

member

91:6

176:19

181:9

205:11

243:5,7

243:11

258:16

258:17

258:22

member's

198:2

members

76:6

88:22

90:17

92:17

161:4,6

174:21

176:11

176:17

181:12

251:9

300:9

memory

83:11

224:22

226:13

274:20

275:5

277:11

men 63:5

93:20

102:13

187:1

mental

157:6

207:21

232:9,14

232:18

232:20

232:22

233:6,8

233:10

233:14

233:15

233:22

234:3,5

234:9,11

234:17

234:22

235:1,5

mention

42:9

mentioned

115:10

215:14

message

117:16

messages

34:3

met 65:16

65:19

79:1

method

140:4

207:20

279:22

mid-30's

79:12

middle

183:20

196:21

243:19

244:17

245:2

middle...

78:1

107:15

107:21

Midnight

21:21

22:1

292:19

mild 119:2

mildly

161:22

million

262:5

mimic

117:13

mind 62:15

91:14,21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 110 of 144 PageID #:2586
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

341

107:14

107:18

126:19

141:22

225:16

256:2

273:7

287:16

minds 8:16

mine 19:7

183:6

minimum

92:18

minute

54:7

100:21

106:8,8

106:9,11

120:5,13

123:13

146:10

173:9

192:22

251:20

251:21

251:22

minutes

48:20

50:16,21

61:2,2,3

100:3,16

123:13

240:8

249:12

283:12

300:11

301:3

mischa...

117:6

164:1

mispro...

32:16

43:2

misread

230:12

missing

266:1

misspoke

261:21

misstated

61:10

misstates

58:18

63:7

89:7

113:2

157:20

163:1

173:6

184:19

187:5

201:4

225:11

273:3

277:3

missta...

194:4

mistake

128:16

229:2

mistaken

279:7

mistak...

13:8

misund...

25:5

model 20:3

20:5

146:11

167:8,15

167:17

171:18

173:19

193:9

257:19

258:11

models

190:21

191:1

modes

191:3

moment

59:19

68:19

72:22

123:17

128:15

129:1,5

162:15

163:14

183:2

198:21

269:4

282:6

moments

225:15

300:5

MONICA 1:9

monitor

28:20,21

38:19

months

11:22

14:21

22:21

23:1

32:9

158:22

267:9

273:15

277:19

278:3

morning

22:5

35:15,22

36:11

38:11

41:5

51:8

54:5,21

55:12

79:2

147:20

240:15

motion

123:3

186:13

188:21

mouth

118:13

231:19

move

104:17

113:19

114:18

118:5,9

119:19

120:7

122:5

123:22

124:7,9

126:1,15

128:1

143:10

165:19

180:3

188:14

192:22

194:8

195:2,13

195:22

211:3,5

263:12

274:9,10

274:11

274:13

274:15

275:11

290:11

304:20

moved

119:17

120:8

124:8

125:6

movement

187:2

198:3

204:1

212:4,5

212:6

220:22

movements

106:20

moves

193:11

movie

142:6,16

moving

119:20

123:3

125:6

212:9

220:16

Mt 213:20

252:2

253:2

266:9

267:8

287:7,14

288:12

297:1

299:15

305:10

305:16

306:1,9

multiple

124:22

139:20

mumbling

116:11

271:3,22

272:16

273:19

275:4

municipal

1:14

90:11,20

91:4

97:22

98:8

muscle

152:8

156:22

muscles

141:10

156:2,10

muzzle

138:8

N

N 2:9 3:1

name 4:13

4:17

16:12

31:1

43:2

51:12

57:16

157:4

177:11

223:8

224:14

236:19

236:22

243:18

243:19

244:14

244:16

244:16

245:1,1

252:14

252:15

264:21

265:6

268:15

289:1

302:22

named

236:19

236:22

275:15

names 65:2

65:8,10

65:12

303:5

narcotic

254:1,9

254:12

254:18

298:19

303:15

nature

12:17

54:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 111 of 144 PageID #:2587
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

342

187:4,19

194:18

255:1

256:14

262:20

near 15:5

16:1,2,4

neared

187:9

nearest

298:12

304:1

nearing

125:9

necess...

25:17

27:9

92:5

143:16

213:5

215:3

231:22

necessary

92:18

neck 137:1

need 5:21

9:9,12

52:9

68:12,15

69:8,18

72:11

73:1

98:22

103:5

118:9

180:13

181:3

182:7

216:21

217:3

245:8

293:22

297:10

needed

67:1

71:18

81:12

83:12

100:10

103:22

109:11

111:13

115:8,15

241:21

284:6

289:4

needs 9:9

29:5

39:6

55:17

71:14,15

82:6

83:10

negate

269:11

269:16

269:19

negative

10:5

276:15

neither

7:11

108:1,4

186:22

190:7

192:18

193:15

219:2

nervous

141:14

network

33:17

42:2

neurom...

152:8,17

never

12:10

30:3

43:7

57:4,5

65:11

80:1

96:7

97:13

125:5

150:16

150:16

158:20

159:9

161:7

170:15

179:19

185:13

186:2

195:4

199:2,22

200:1,4

201:6

205:19

205:22

210:10

210:15

210:21

220:10

220:11

237:22

249:15

251:7

256:21

263:6,19

264:1,2

264:4,7

265:22

266:5

269:7

279:5

288:11

288:20

301:21

302:9

305:8

NFI 37:10

37:21

night 25:1

25:2

29:18

30:2,6

31:15

32:3,8

35:6

39:15

42:22

47:4

50:13

51:18,19

52:3,15

53:6,15

55:10

57:8,19

58:17

64:17,21

65:12,14

65:15

67:6

68:14,17

72:15

76:15

79:2

80:1,3,8

80:11

89:6,12

93:5

96:1

97:6

99:20

125:12

127:6

145:21

146:3

149:4

162:11

177:17

185:19

187:1

190:17

210:12

216:14

221:12

227:22

229:8

231:2,3

232:3

233:5,13

233:21

242:15

242:16

243:9

249:7

250:11

250:12

252:22

254:11

254:17

258:20

260:19

262:8

264:11

278:6

289:9,9

300:4

302:17

302:19

303:4,8

303:12

304:4

nine

230:19

nine-hour

33:11

NMI 152:9

152:11

Nobody's

165:14

nod 10:13

noises

118:12

non-dr...

24:1

non-re...

126:2

143:12

211:5

normal

118:10

294:18

294:21

295:3

300:4,7

305:7

306:2

normally

23:15

43:6

49:15

52:8

56:8

67:7

90:17

104:5

141:7

171:4

172:3,13

172:15

280:22

north 2:10

2:14,19

15:5

16:1,2,4

29:21

31:19

130:4

Northern

1:1 5:12

Notarial

308:16

Notary 4:6

270:6

309:20

note 53:13

241:10

242:4,5

notebook

241:4

notes 7:22

114:22

207:21

207:21

223:12

223:14

241:5

notice

75:8

103:16

106:21

175:5

204:20

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 112 of 144 PageID #:2588
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

343

204:22

266:20

267:12

296:18

296:22

noticed

24:19

111:20

noticing

197:20

notifi...

259:3,6

notified

13:5

260:1,3

260:9

notify

21:6

259:7

November

291:17

number

20:1,3,5

24:10

25:15,18

27:3

30:9

92:9

141:1,4

146:1,4

150:15

157:6

173:18

182:18

191:8

227:13

227:14

227:18

228:16

228:17

229:3,4

230:11

230:11

237:5,6

237:9,10

237:15

237:15

237:17

237:21

238:2,6

247:9,10

257:17

257:19

258:4,4

258:6,8

258:11

258:11

259:11

260:17

260:18

261:17

261:20

261:22

262:1

numbered

191:5

numbers

34:7,10

38:4

161:15

257:15

258:1

numeral

191:4,8

191:9

nurse

205:13

254:16

nurses

213:20

249:12

285:11

287:12

O

O-r-e-...

252:14

oath 4:4

269:12

309:7

object

12:20

13:3

19:15

27:5

35:16

36:12

37:3,14

38:6,15

39:13

40:14

41:10

42:3,14

44:10

45:4,13

46:8,18

47:7

48:9,21

49:19

50:5

56:3,6

66:4

69:2

70:17

74:18

76:11

84:22

86:6

90:14

91:16

92:22

132:4

149:10

150:9

153:7,16

155:15

159:6

160:13

162:2

163:16

163:22

164:12

166:18

173:5

174:3,8

182:14

184:2

191:19

196:2,22

197:10

208:10

222:5

250:15

267:14

277:6

278:14

278:20

289:10

objected

91:10

objecting

149:22

objection

5:20

12:13,14

12:22

13:2

23:18

27:15,17

28:2,3

30:7,8

31:6

33:9

36:13

38:22

39:1

40:1,2

43:15,17

44:12

49:1

51:4

52:22

55:8

56:5,15

57:11

58:18,19

59:5,16

59:17

63:7,8,9

65:3

66:20

69:3

70:12

71:5,6

74:22

76:19

78:8,16

78:17

81:20,21

82:10

85:1,20

87:1,2,3

89:7,8

89:18

90:6,15

91:15

92:7

93:22

95:7,8

95:16,17

96:3

99:11,12

100:5,17

100:18

102:20

102:22

109:16

110:11

110:13

110:19

110:20

110:20

110:22

113:2,3

114:13

114:14

116:16

117:2,8

122:12

122:13

122:14

126:9,10

129:20

132:9

133:1

146:18

147:6,8

148:9

150:15

150:21

151:3,7

154:2

155:16

157:9,11

157:18

157:20

157:22

159:8,11

159:21

159:22

160:19

163:1,3

163:6

164:9

166:8,16

166:19

167:10

169:10

170:12

170:14

173:8

178:2,3

178:11

178:13

179:9

182:1

184:5,19

186:16

186:17

187:4,20

188:4,22

190:18

194:5

195:7

196:12

199:11

199:13

201:4,5

202:9,10

204:7,9

204:14

204:15

206:2,3

208:18

208:20

217:7,8

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 113 of 144 PageID #:2589
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

344

218:2

219:18

219:20

221:2,21

222:1,6

222:16

225:11

225:12

225:22

226:1

249:22

266:3

267:22

271:18

271:19

273:2,4

276:14

276:22

278:22

282:13

283:7,8

288:3,5

288:15

290:13

300:12

301:4,5

301:15

301:17

304:13

304:15

object...

37:18

41:12

86:7

91:19

96:5

116:18

132:11

158:3

159:14

160:18

162:5,6

187:6

268:13

271:1

287:3

288:17

290:3,4

objective

69:18

71:20

72:1

77:2

96:7

164:21

170:16

185:22

199:2,7

218:15

234:13

234:14

237:22

304:5,5

objects

89:1

99:3

270:20

286:21

obliga...

23:9

obliged

217:6

OBR 262:14

observ...

197:3

275:18

277:16

296:10

298:22

observ...

296:19

observe

272:21

273:9,9

observed

107:1

124:17

156:1,3

159:16

165:17

189:20

190:5

212:14

235:20

256:15

271:3,6

272:15

273:18

274:22

275:4

276:8

290:6,9

296:15

obstinate

161:22

obstru...

110:17

obtained

236:16

244:18

244:21

245:18

246:22

247:6

252:1

253:2

267:3

obviously

38:21

225:3

252:5

OC 171:13

171:16

172:2,5

172:16

172:18

192:16

192:17

193:7

259:3,4

occasion

67:12

172:7

occasi...

24:4

26:17

occasions

7:17

19:6

21:2

155:3

occupa...

10:21

occurred

8:5

68:13

86:11

219:12

226:22

227:8

241:2

262:16

262:21

occurr...

35:1

42:17

45:10

74:8,12

203:11

209:19

222:19

223:9

224:19

226:11

233:4

242:6

246:11

246:17

259:20

260:10

266:12

291:20

292:10

293:2

296:20

298:11

303:22

occurs

33:7

OEMC 49:4

72:17

148:13

259:9,14

259:16

294:8

offender

236:6

258:16

offend...

238:11

238:15

239:5

offense

4:20

offered

74:14

84:16

183:22

officer

1:17 3:2

5:1 8:10

10:22

11:1,11

12:2,11

13:2

14:19

19:9

22:13,14

23:5

26:17

32:8,12

34:21

36:6

39:6

40:7

43:1,3

44:6

45:18

49:7,9

49:12,12

49:16,21

51:12,13

51:16,22

52:8,16

55:17

60:1,3,5

60:7,9

60:11

65:22

67:2,21

68:2

69:22

70:4,10

70:19

71:7,11

71:14,14

72:2,5,7

72:13,13

72:19

73:3,15

74:3

77:10

78:4

79:6

81:5,12

83:10,18

83:18,21

85:4,12

85:13,14

88:3

90:2

91:22

92:5,12

93:9,10

93:10,11

93:11

94:22

95:1

96:9,10

96:10,11

97:10,14

98:9,14

98:18

100:8,9

102:1,2

106:3,4

106:13

108:7

109:9,15

120:2,10

121:5,10

121:17

123:12

124:2

127:13

133:2

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 114 of 144 PageID #:2590
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

345

142:20

147:4,17

160:11

167:19

174:7

177:7,8

177:8,9

177:13

177:16

177:18

185:20

187:7

188:12

188:20

197:16

200:12

200:13

210:17

211:19

213:3

215:17

215:18

215:18

215:19

215:19

215:19

216:13

218:5,18

219:15

219:21

219:22

220:4,6

220:7,9

224:15

227:16

228:13

228:21

228:22

230:16

230:22

233:7

234:2

235:11

235:13

235:14

235:20

235:21

236:2,12

236:13

236:16

239:20

243:8,21

245:3,7

245:9,17

247:7

251:16

252:17

252:19

252:19

252:21

253:7

263:8

264:18

264:19

265:12

267:16

270:19

271:2,6

271:7,10

271:12

272:1

276:4

277:14

278:17

278:19

280:10

282:1,5

282:8,10

282:11

282:15

284:9,11

286:20

287:3

289:2,4

290:20

292:3,6

298:7

300:18

302:1,6

305:11

306:2,16

308:4

309:14

officer's

224:10

226:18

227:19

227:21

229:22

231:4

239:14

260:12

306:12

officers

1:13

2:17

11:14

15:16,19

19:5,9

19:13

20:14

43:5

47:11

49:10

51:20

52:2

66:7

85:10

94:3,20

95:5,11

97:3,6

99:8

102:8,18

103:2,17

103:19

104:9,11

109:12

129:8,15

130:5

132:21

133:3

146:21

149:14

153:11

153:14

155:11

158:8,21

161:21

166:14

170:21

176:18

177:6

179:7

185:18

190:8

196:7,9

214:7

215:14

217:22

219:1,5

219:8

220:12

222:4,8

222:13

223:5

227:13

227:18

227:19

227:22

228:3,17

229:3,4

230:9

239:2

243:11

248:9,15

250:10

250:17

261:18

264:3,15

271:14

281:20

292:9

305:21

OFFICES

2:9

official

1:13

oh 10:2

101:1

130:12

133:14

229:15

okay 21:14

34:15

73:2

90:9

115:1,8

116:1

120:12

126:18

126:21

128:7,8

143:13

175:8

182:19

182:21

188:15

190:6

192:11

197:18

232:13

274:13

274:15

290:7,10

291:8

294:13

old 37:9

38:13

44:7

73:17

on-line

73:12

on-the...

101:21

once 55:22

138:12

146:14

285:20

295:14

one's

140:20

one-day

17:5,9

ones 294:7

open 209:6

248:21

249:2

266:21

285:7

Operating

298:16

operation

21:22

26:5

27:4

operat...

28:17

operat...

73:15

259:15

operative

207:19

280:14

opinion

162:21

189:3

239:9

298:18

opport...

6:5 9:11

189:6

195:21

opposed

106:2

172:22

271:20

option

137:20

181:1

193:22

194:7

195:12

232:17

235:16

235:22

options

171:22

180:12

180:14

186:11

191:10

233:3

235:16

238:21

ordeal 9:5

order 3:7

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 115 of 144 PageID #:2591
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

346

73:4,7

73:17

75:5

84:21

87:17,19

87:20,22

88:1,5

91:13

138:2

169:8

173:15

173:18

174:4,5

174:7,12

176:5,5

176:9

183:8,15

183:18

184:8

192:8

197:18

207:8

216:16

216:17

216:20

217:6

218:9

274:5

297:20

298:1,4

Orders

73:9,10

73:14

229:19

239:15

Ordinance

74:6

Orellana

252:14

252:22

253:3,5

253:9,12

288:19

original

192:7

236:11

243:22

245:9

246:22

252:17

252:18

264:20

265:12

289:3

origin...

81:13

192:3

255:1

289:2

origin...

154:7

osteop...

157:2

outcome

308:14

outdoors

224:19

outside

250:6

outstr...

121:21

overcome

92:18

overdose

69:11,13

71:17

72:4,9

72:12,16

82:7

84:4

254:21

297:11

297:17

overheard

34:4

overpower

95:22

96:7

187:2

190:9,12

oversight

227:11

overwe...

95:15

P

P 2:6,6

P.M 226:12

292:20

292:21

293:3,4

293:5,10

pace 86:22

104:15

pacing

271:3,21

272:6,15

272:16

272:19

272:22

273:19

274:22

275:4,6

275:8,8

275:10

275:13

275:21

pad 241:10

page 3:3,8

20:9

156:19

156:21

161:14

174:20

175:7,13

180:22

192:10

197:21

268:9

269:9

270:14

286:19

308:2

309:2

pages

191:5

309:6

pain

193:10

286:12

286:14

painful

152:9

pains

37:10

38:14

44:8

82:21

83:4,15

pair

206:18

paper

241:7

paperwork

56:22

57:3

289:17

paragraph

73:20

75:9

76:4

90:9

151:20

153:18

paragr...

161:13

paramedic

88:19

89:5,15

91:8

92:6

205:13

210:3,4

254:16

306:3

parame...

2:17

63:18,20

63:22

64:2,6,8

64:14,15

64:18,20

65:1,10

65:12,17

70:3

87:12

88:7,13

88:17

89:10

91:6

93:13,14

94:3

149:15

209:10

209:15

209:18

210:6

212:11

212:15

215:15

215:16

221:3,6

249:5

300:19

301:22

302:2

305:12

305:13

305:16

305:22

306:14

parame...

39:5

Pardon

75:16

Park 2:10

31:22

35:11

parkway

104:21

part 5:8

18:15

114:19

144:18

153:9

155:9

161:7

203:17

204:2,12

204:16

207:22

213:16

213:22

217:2

227:11

229:2

280:20

partic...

298:14

partic...

8:7 20:5

20:15,17

22:6,9

23:14

24:17,22

25:10,12

29:7

31:15

32:3,10

34:9

35:20

37:13,21

41:8,13

41:14,17

42:7,17

42:19

44:14

46:2

56:21

62:4,18

75:5

87:7

91:13

99:19

105:8

122:4

123:3

129:22

132:14

132:15

137:21

146:2

159:12

174:12

203:16

223:4

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 116 of 144 PageID #:2592
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

347

234:4,6

241:15

260:4

280:8

302:21

partic...

44:14

80:7

221:13

221:16

221:22

parties

308:13

partner

22:12,17

22:22

23:3

26:17

32:9

35:6

53:6

54:1,10

54:22

66:14,17

67:5

81:5

85:4,9

85:12

93:9

94:14

96:9

101:22

104:5

109:14

110:1

115:5,7

115:13

115:14

115:19

117:20

117:22

118:3,21

119:1,5

120:5,8

120:14

120:16

121:1

122:7,11

122:16

123:9,11

123:12

123:19

123:21

123:22

124:2,5

124:11

124:13

124:19

124:22

125:7

126:11

127:6,10

127:10

127:12

127:19

142:20

168:16

168:20

169:1,6

169:7,13

169:19

172:5,11

186:4,18

186:22

187:7

192:17

192:20

194:17

198:9,11

199:17

199:19

199:22

200:2,9

200:20

201:3,7

201:14

201:17

201:18

202:5

210:16

215:16

215:18

219:22

230:10

252:5

255:11

255:19

256:18

263:8

271:6,13

272:1,7

276:8,20

277:12

278:5,13

280:7

281:13

281:16

281:19

292:3

306:8

partner's

125:7

281:18

partners

23:6

230:13

parts

23:13

187:17

pass 18:1

pass/fail

17:21

passed

18:4,6

140:20

203:11

passive

256:20

pat-down

248:3,5

248:10

248:13

248:14

patient

88:18

89:1

91:7,9

92:16,19

232:9,15

232:20

232:22

233:6,10

233:14

233:22

234:3,5

patiently

196:18

patients

235:1

patrol

293:9

patrolman

11:4

pattern

43:13

patting

248:7

pavement

203:14

204:6,13

211:22

paying

41:7

PCP 97:1

112:10

113:14

186:8

217:14

217:15

254:1,9

254:12

298:19

PD41 48:17

PDT 54:13

54:17

peace 90:2

98:9,13

peacef...

69:20

71:21

77:3

85:6

97:17

115:20

119:6

pen-wr...

241:11

pending

14:13

people 7:3

8:12

17:1,4

43:6

66:1

98:2

112:9

119:2

129:16

130:20

135:7

152:7

154:6

155:12

155:12

156:1

157:1,5

162:20

182:6

184:9

215:11

217:2,15

222:12

223:19

228:19

234:21

285:14

people's

153:1

223:18

223:19

pepper

172:1,6

172:18

perceived

179:5

percent

160:8,12

PERF 152:2

perform

140:7

248:10

perfor...

75:6

period

11:16,19

14:21

24:13

176:6

285:22

300:17

301:12

periodic

9:5

permis...

216:21

perpen...

107:3

persist

160:6

person

13:18

16:17

42:8

68:18

69:14,16

70:1

74:13

84:15

98:17,21

99:1,2

113:11

134:16

138:5,8

141:6,7

142:4,7

142:9

154:22

157:15

158:13

158:15

168:3

170:3,5

171:10

180:13

182:11

183:22

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 117 of 144 PageID #:2593
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

348

184:4

197:22

198:1

214:3

234:1

236:11

245:8

248:1

282:7

297:16

298:12

303:14

person's

76:8

138:14

138:15

206:17

personal

9:8 97:3

person...

18:9

22:8

85:5

124:17

144:19

240:22

256:4

297:5

personnel

18:10

99:9

181:4

283:2,18

283:21

286:16

287:18

287:20

288:18

301:11

persons

73:6

74:2

183:9,16

297:22

298:6

303:10

persuade

186:19

187:8

190:12

218:16

256:19

272:2

278:10

279:22

persua...

279:21

persua...

168:11

168:19

168:22

169:18

174:22

181:8

persua...

169:4

255:11

pertai...

1:22

philos...

190:4

phone

247:10

phrase

77:14

207:19

279:8

physical

95:4,5

95:10

98:2

99:1

121:10

124:15

127:6,9

134:16

141:19

175:1,4

175:10

180:14

181:15

207:2

210:11

210:12

210:16

214:3

228:11

228:13

257:9

270:18

282:2,4

286:13

289:7

296:16

physic...

66:12

95:22

96:16,17

112:16

125:19

210:21

226:5

pick

214:15

232:15

238:12

280:8,19

picked

212:16

214:5

234:4

picking

7:9

47:17

214:7

picture

62:14

107:13

107:17

142:6

287:16

pieces

241:7

pinpoint

63:20

place 21:9

71:18,21

74:4

133:20

141:13

184:11

198:22

199:2,4

199:22

200:4

236:19

243:14

259:6

298:8

299:10

303:19

308:10

309:6

placed

170:15

209:12

224:9

227:20

266:22

305:14

places

260:15

placing

214:4

plain

177:12

191:17

plaintiff

1:4,20

4:8

271:3,4

271:7,8

271:11

271:11

271:13

272:2,15

275:4,14

275:17

275:19

276:4,21

278:18

278:19

280:7,11

280:18

281:6,13

282:22

283:2

287:6

plaint...

73:3

145:16

150:19

158:19

161:14

268:11

268:19

268:20

275:12

297:21

Plaint...

2:11

plan 33:2

66:18

96:15

97:9,13

97:14,20

130:21

plants 6:8

play 39:8

please 4:1

4:3,13

16:7

101:7

108:3

158:18

165:10

165:14

178:19

179:4,16

214:13

257:6

270:16

plump

79:19

point 11:5

14:1

35:11

49:14

54:22

108:22

112:5,7

121:9

124:14

125:16

126:5,22

131:12

131:12

133:6

144:8

159:1

172:15

211:20

271:8

272:4

pointed

14:3

103:7

119:14

120:20

143:18

143:19

144:2

pointing

201:15

poised

144:4

police

1:13

2:17

10:22

11:1,11

11:12,14

12:2,8

12:11

14:19,22

15:6,8

15:16

34:1,19

36:6,19

39:6

40:7

41:21

44:19

45:2,11

46:6,12

47:11,22

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 118 of 144 PageID #:2594
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

349

48:1,6

49:6,7

49:15

50:17

68:10

73:5,10

73:15

74:3,14

81:12

82:6,17

84:16

87:17

88:16,21

91:22

92:4,9

92:11

94:3

98:1

99:8

108:2,6

108:14

108:18

129:11

130:4

142:6

146:21

150:3

152:2,3

152:15

154:4

160:6,11

161:2,8

161:16

164:8,10

164:20

166:11

167:7,9

167:19

168:4

173:15

174:14

176:6,16

176:17

177:7,11

177:13

177:16

177:18

180:16

180:19

183:7,14

184:1

185:20

207:16

207:22

210:17

214:7

219:7

222:4,8

222:13

229:19

230:22

235:13

237:17

239:1,14

243:8,11

247:20

248:9

251:10

254:20

261:18

265:15

281:20

282:1

291:19

291:22

292:4,11

293:16

294:1,14

297:10

297:13

297:20

298:7

305:11

305:21

306:2

policeman

108:5

policemen

93:4

Polick

2:13 3:5

12:13,20

19:15

23:18

27:6,16

28:3

30:7

31:7

33:10

34:15

35:16

36:12

37:3,14

38:6,15

39:1,13

40:2,14

41:10

42:3,14

43:16,20

44:1,10

45:4,13

46:8,18

47:7

48:9,21

49:19

50:5

51:4

52:22

53:7

56:3,15

57:11

58:18

59:6,16

63:8

65:3

66:4,21

69:3

70:13,17

71:5

74:18,22

76:11,19

78:9,17

81:21

82:11

84:21

85:2,21

86:7

87:2

89:7,18

90:6,9

90:11,14

90:20

91:16,19

92:7,22

95:8,17

96:5

99:12

100:5,17

100:20

102:20

109:17

110:11

110:20

113:2

114:13

116:16

117:2,8

122:13

126:9

132:11

146:18

147:6

148:9

149:10

149:21

150:9,13

151:6

153:6,16

154:2

155:15

157:9,18

157:22

158:3,19

159:21

160:13

162:2

163:3,6

163:16

164:9,12

165:4,9

166:7,16

166:19

167:10

169:11

170:13

173:8

174:3

175:6,8

178:2,11

178:17

179:1,9

179:16

182:1,14

182:19

183:4,7

184:2,19

186:16

187:4,13

187:16

190:18

192:9

194:4

195:7,16

196:2,12

196:17

197:10

199:11

201:4

202:9

204:7,14

206:2

208:18

217:8

218:3

219:18

221:2

222:1,6

222:17

223:15

225:11

225:22

249:22

250:15

251:1

260:20

261:3,21

262:3,9

266:3

267:14

267:22

268:13

269:3,16

269:20

271:18

273:2

274:8,11

274:15

274:18

275:14

276:14

276:22

278:14

282:12

283:7

288:3,15

289:10

290:3,17

290:19

296:14

299:18

300:12

301:4,15

304:13

305:2,4

305:18

306:22

307:2

policy

88:11,15

88:16

174:20

176:11

184:17

polite

188:9

politic

1:14

Polo's

64:5

portion

155:22

156:15

234:7

portions

221:8

290:12

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 119 of 144 PageID #:2595
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

350

290:14

portly

95:13

pose

273:22

posed

166:3

position

23:17

109:12

109:13

109:15

110:18

111:2

112:13

115:5

119:19

122:1

129:18

129:22

203:22

206:12

207:9,14

212:2

256:17

positi...

107:7

115:4

200:14

208:7

possible

111:6

154:21

155:11

207:18

207:19

238:5

possibly

94:3

potential

112:19

155:21

156:7,13

potted 6:8

pounds

94:19

242:15

246:3,5

power

101:21

111:16

111:18

198:22

powerful

112:5

practical

181:12

practice

7:15

36:6

pre-ex...

157:2

preach

7:15

preamble

5:4

preceding

19:7

213:17

213:18

precisely

202:14

predict

111:2

156:5

prefer...

137:22

154:21

prelim...

113:10

premat...

57:3,5

prepar...

31:4

prepare

36:2

37:16

44:11,15

45:6

46:10

48:13

prepared

38:2

50:8

135:12

135:16

297:5

prepares

148:12

presence

89:15

177:17

180:16

180:17

180:19

181:1

262:9,12

263:20

300:5,10

present

2:5

30:19

72:18

74:4

230:9

press

295:12

pressure

193:17

pretty

67:10

95:4,5

119:21

132:7

previous

164:1

256:8

previo...

150:22

268:22

287:6

PRI 40:22

principle

185:3

print

184:10

255:1

printed

241:11

prior

18:13

22:19

29:3

43:5,10

88:4

100:7

109:20

129:12

156:4

163:14

174:5,7

174:13

174:17

174:22

181:14

207:2

210:17

212:21

216:6

217:11

219:11

285:16

priority

39:4

40:5,6

40:17,22

41:1,2,5

42:12

44:6,9

44:20

45:3,11

46:15

private

9:17

15:7

74:10

privilege

250:2,4

250:16

251:3

287:1

privy

249:19

probably

30:11

42:1

68:16

86:18

87:21

103:7

147:11

150:7

151:5

172:4

192:17

225:4

230:16

241:3

252:16

262:4

275:3

probat...

11:16,19

14:21

probe

152:20

probes

131:10

152:7

153:1,14

205:10

205:12

205:16

205:20

295:8

problem

4:21 6:5

problems

153:3

157:2,7

234:22

proced...

188:15

Procedure

1:22

proced...

89:22

91:5

298:16

proceeded

123:8

procee...

8:9 9:11

34:10

produce

149:17

produced

138:15

149:11

149:13

149:14

149:22

150:16

151:1

158:21

159:2,9

159:13

287:6

profes...

74:2

90:18

176:12

239:9

298:6

program

18:2

139:3

prongs

139:22

140:8

202:18

pronounce

4:17

proper

13:5,6

289:16

properly

29:2

270:22

277:18

284:21

protect

76:8,16

98:22

271:13

281:19

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 120 of 144 PageID #:2596
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

351

protected

250:1

286:22

protec...

303:16

protec...

248:3,5

248:10

248:14

298:9

299:13

303:19

protest

222:8

protes...

221:18

222:13

protocol

13:22

36:14

129:11

150:20

207:16

229:20

248:2

264:19

306:2

protocols

151:22

152:5

prove

112:11

provide

98:17

provided

161:7

provis...

1:21

99:1

proximity

39:20

138:5

180:19

PSN 291:7

public

74:4,9

176:13

183:16

184:11

270:6

298:8

299:10

303:19

309:20

pull 122:6

138:9,13

139:13

139:15

139:19

205:20

273:12

pulled

144:5

150:6,7

163:10

200:6

232:18

232:18

295:16

purpose

2:1 8:19

88:10

134:5,9

147:3

184:13

purposes

8:3 34:9

288:20

291:10

pursuant

1:21

pushed

215:2,4

put 28:22

45:2

48:8

51:2,2

73:3

83:19

97:11

119:12

121:2

122:7

138:7

139:21

140:3

152:1

186:13

187:3

192:8

207:7

212:17

212:19

215:8

222:14

225:8,9

227:7,14

228:16

228:21

229:4

230:10

231:15

232:20

239:8

240:13

240:17

240:20

243:12

245:14

246:6

247:20

247:21

248:18

250:6

256:7

280:9

284:1,4

284:19

Q

qualified

2:3

qualify

250:18

251:1

260:20

261:6,13

261:14

quarter

267:1

Queries

36:7

297:4

302:8,10

302:12

Query

34:20

35:2

44:20

46:3,5

82:18

297:6

question

5:22 6:8

6:12 7:9

7:16,19

8:2,5,7

8:14,21

9:15,16

9:19

16:8

35:19

58:20

61:16,17

69:12

83:7

88:5

90:7

94:18

100:14

101:7

102:20

108:3,12

110:11

112:15

113:20

113:20

114:6,10

114:21

126:4,17

128:3,4

143:12

147:6

157:19

158:11

163:9,17

163:18

163:19

163:19

164:10

164:13

164:16

165:5,11

165:11

165:20

165:21

166:3,5

166:17

173:5

174:4,10

178:17

178:19

178:21

179:4,17

182:15

187:5,13

187:15

187:16

187:18

187:19

187:21

187:22

188:3

189:14

189:15

189:22

191:19

193:1,2

194:10

195:4

196:13

196:14

196:15

196:15

196:20

197:5

202:4

211:5,6

211:7,8

211:15

211:17

214:13

222:9

230:8

232:2

233:20

238:10

243:5

248:17

250:5,18

250:21

251:6

257:6

261:10

263:14

263:18

265:14

266:4

267:15

270:13

271:19

273:3

274:4,14

274:16

276:11

276:15

277:1,6

277:9

278:15

279:11

280:4

287:17

288:4,16

289:11

289:21

290:1,3

290:13

296:11

300:13

304:2

questi...

13:1

143:16

151:5

questions

7:8,12

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 121 of 144 PageID #:2597
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

352

8:4 74:1

76:3,5

98:13

150:14

150:19

151:7

159:7

161:15

163:18

186:5

188:7,10

189:20

190:2,3

196:18

196:19

197:6

200:22

228:5

235:12

235:15

253:10

265:13

268:16

273:7

278:1

282:20

290:15

296:11

297:3

298:1

299:18

306:21

quick

127:10

263:5

274:2

302:7

quickly

104:16

104:17

quit

286:18

quite

260:5

R

R 2:14

radio

39:16

40:4

50:17,21

293:13

294:6,11

297:14

radios

36:20

raise 4:3

7:17

122:3

161:15

278:12

281:7

raising

118:21

ran 292:20

292:21

ranging

198:3

rank 11:4

11:7

16:22

159:6

re-engage

295:21

RE-EXA...

300:1

305:3,19

re-read

178:19

reach

125:16

126:6

127:2,3

127:13

138:14

198:2

reaching

217:11

react

109:22

110:1

127:10

156:5

171:21

217:17

reaction

194:14

read 16:7

16:8

37:12

73:21,22

74:16,20

75:9

76:10

84:14

92:15

98:12

101:6,8

113:20

114:1

128:2,9

152:13

153:4,6

153:9,22

155:9,14

155:17

157:8,12

157:21

159:19

162:1,8

162:9

165:21

166:5

175:2,3

175:19

178:21

184:6,21

192:11

193:1,2

198:16

211:6,8

266:18

267:4,20

268:4

269:12

279:10

279:12

286:20

289:21

290:1

298:4

303:14

309:4

readily

103:4

125:21

143:8

170:17

194:18

195:1

reading

35:20

41:21

49:5

50:8

51:6

82:14,20

153:19

160:2

239:8

240:10

273:1,5

273:20

275:2

277:13

278:7

297:9

reads 76:6

161:15

183:21

ready

103:22

104:3

109:22

144:5

217:22

reality

160:6

realize

192:3

235:19

really

6:12 9:7

142:2

274:2

275:22

realm

250:6

reason

30:12

111:1

118:15

132:14

132:15

186:12

199:4

reason...

76:8

114:16

174:21

239:11

reasoning

147:10

reasons

8:3 30:9

150:22

159:11

197:7

239:18

recall

13:16

15:21

17:3,6

17:17,20

18:3

23:20

24:11

27:1

31:8,13

38:17

41:16

43:14

49:2

50:14

51:1,11

52:19

53:9

56:7

57:2

58:4,8

58:11,14

58:16,22

59:13,20

60:1,3,5

60:7,9

60:10,11

60:12,13

60:17

61:7

62:6,17

62:22,22

63:4,10

63:12,15

63:17

64:12,15

64:19,22

65:15,18

66:13,16

68:2,20

69:5

70:21

77:10,12

78:1,3

78:10,22

79:12,15

79:17,20

80:2,6

80:14,18

80:19

81:4,7

82:2,13

82:14,20

83:3,14

84:10,12

85:14,17

85:22

86:9,15

87:4,15

89:9,13

89:20

91:20

93:7,18

94:18

96:11

97:7

98:11

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 122 of 144 PageID #:2598
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

353

100:6,19

101:15

102:9,15

103:12

103:20

104:10

104:16

104:18

105:5,10

105:11

105:13

106:12

107:5,6

107:9,12

107:21

108:21

109:7

111:21

112:3

116:11

117:10

118:2,3

119:13

119:20

120:3,4

120:10

120:14

122:9

124:21

127:15

128:11

128:16

128:18

129:4

131:2

132:3,19

135:4

137:5,8

137:21

139:11

140:7,9

140:22

141:4,16

142:9

145:8,11

146:4

149:5,13

154:9,10

155:1,6

158:9,12

158:16

160:2,21

161:11

167:4

171:18

177:9,20

200:13

200:18

201:9,13

202:12

203:6,10

203:16

204:1,10

204:16

206:12

206:16

207:9,13

208:2,3

208:9,12

208:14

208:21

209:5,7

209:18

210:5,8

212:2,4

212:5,7

212:9,21

213:2,8

213:10

214:4,6

215:5

216:6,11

219:4

220:6,7

220:17

220:18

220:21

221:13

221:15

222:18

222:20

223:3

225:5,6

225:7,13

230:18

230:21

231:8

233:1

234:2

236:16

238:4

240:21

241:14

242:7,11

244:9,21

245:11

247:19

248:14

249:1,8

251:19

253:7

254:14

258:10

258:13

260:8

261:20

262:19

263:2

264:9,10

264:13

264:18

265:14

265:18

265:19

266:12

267:2,4

267:10

268:6

270:10

271:21

272:5,7

272:18

273:10

273:11

273:13

273:14

275:7,13

275:21

278:7,8

279:20

279:20

280:1,2

282:4

283:16

284:5,11

284:17

287:11

292:10

293:3

297:13

297:15

301:6,7

302:2,6

302:18

303:4,7

303:11

306:5,13

306:19

recalled

272:19

278:9

306:18

recalls

282:22

receive

11:10

14:11,14

17:8

48:14

71:22

received

35:14

60:22

176:5,9

252:17

receiving

16:1

42:8

46:7

53:17,20

127:20

130:6

143:5

158:7

161:11

263:9

293:17

294:14

recess

9:12

recipient

157:16

recognize

48:4

51:12

116:15

116:19

302:16

302:20

303:9

recogn...

51:15

66:3

recogn...

303:11

recoll...

21:17

43:7

93:17

97:3

166:9

212:18

221:10

292:12

293:6

recomm...

154:6

recomm...

152:5

record

4:14 5:8

8:6

10:12

20:2,4,6

25:11

28:8,12

61:11

73:21,22

74:20

76:6

82:5

92:15

98:12

101:2,8

114:1

128:9

146:6

147:4

158:20

161:15

188:13

188:18

189:16

192:1

197:3

224:3,6

279:12

298:5

recorded

29:5

308:7

recording

28:22

56:1,18

57:9

147:3

records

25:16

161:3

recoun...

107:14

red 63:5

reduced

308:7

refer

16:22

223:12

reference

90:2

refere...

3:7

refere...

90:8

91:2

267:6

referring

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 123 of 144 PageID #:2599
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

354

90:7

182:16

192:9

refers

184:4

287:6

refresh

9:10

224:22

refreshed

274:21

275:5,7

277:11

refresher

145:9

refuse

99:7

304:11

refused

71:12

75:21

85:7

199:9,15

255:17

refuses

74:13

75:10,14

84:16

182:11

183:21

183:22

refusing

70:11

71:3

84:7,20

100:4,15

185:19

186:3

regard

159:11

260:21

297:8

regarding

10:8

13:1

41:13

73:5

82:20

88:11

159:5

234:9

251:20

287:5

regard...

112:11

regards

282:5

Register

260:17

261:17

261:22

262:1

Regist...

237:15

regular

25:6,7

64:6

regularly

43:12

regula...

22:17

24:7,9

32:5

regula...

139:4

related

238:12

239:6,7

308:13

relation

282:9

relati...

55:13

relevance

12:13,21

12:22

19:15

159:21

160:13

190:18

196:2

relevant

265:4

religious

89:2

91:11

99:4

remarks

37:8

remember

9:2

16:10,12

19:11

23:16

29:13

31:10

38:11

49:17

50:12,22

51:10,15

52:17,20

53:17,20

53:22

54:3

59:14

62:20

64:10

65:12

68:21

79:18,21

80:9,10

80:13

82:19

83:11

86:16,19

93:19

97:5

101:13

102:5

104:13

105:14

105:18

107:10

109:4

116:9

117:1

124:19

134:8

141:2

142:1,4

144:14

148:7

173:14

183:3

190:8

193:16

208:6

213:14

213:20

214:2

215:22

217:22

219:1,13

221:10

221:18

244:19

248:12

256:17

261:13

262:20

270:2

271:16

276:10

276:11

279:16

repeat

108:3

151:4

214:13

257:6

repeat...

189:1

rephrase

250:5

report

13:13

29:9,11

207:22

223:18

224:10

224:10

224:12

225:3,14

226:17

226:18

226:20

227:19

227:21

228:18

228:21

228:22

229:5,9

229:17

229:22

230:16

231:1,4

231:20

232:20

233:7

234:9

235:6,14

235:19

235:19

236:12

236:18

237:1,2

237:7

238:3,5

239:8,14

239:15

239:18

239:20

240:9,10

241:21

243:10

243:12

243:14

243:22

244:3,12

245:7,9

245:14

246:9,22

251:22

252:18

254:18

256:2

257:13

263:4

264:20

265:4,12

265:15

287:5

288:19

289:3,5

reporter

4:1,3

6:15 7:1

9:6 10:7

16:9

45:20

101:9

114:2

128:10

165:20

166:6

178:22

193:3

211:9

279:9,13

290:2

reporters

159:18

reports

146:7,10

148:12

160:10

208:4

223:15

223:16

223:18

223:19

223:20

223:21

233:3

244:5,8

252:12

254:22

260:12

260:13

262:14

265:19

represent

158:20

250:16

reprod...

146:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 124 of 144 PageID #:2600
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

355

50:17

51:3,10

51:11,14

51:17,22

52:4,18

53:13

61:1

68:10

81:11

83:5

91:21

233:2

254:20

requested

51:7

52:12

55:3,12

66:2

67:2

71:15

72:19

76:22

82:15

87:14

92:8

97:15

125:21

218:6,12

reques...

51:16

52:16

83:22

194:19

270:21

requests

52:8

88:12

91:9

286:22

306:3

required

89:16

185:18

229:18

239:14

268:1

requires

5:5

88:20

requiring

103:3

Research

152:2

reserved

307:2

308:11

residence

62:3

246:19

247:5

reside...

62:1

resist

198:19

257:8

resist...

198:2

resister

143:7

162:17

193:13

194:21

197:22

198:7

256:20

resisters

175:19

resisting

92:17,19

respect

115:14

151:2

respir...

157:6

respond

39:4,7

103:2

115:17

271:8

272:3

290:12

responded

54:15

62:7,7

72:20

76:21

267:17

respon...

54:14

66:22

185:20

response

49:17

180:12

180:14

239:15

239:17

260:12

287:5

289:4

respon...

24:1

respon...

55:5

respon...

113:19

165:20

180:4

289:20

290:14

rest 9:5

132:21

275:11

304:20

restate

179:1,2

292:17

restrain

97:4

186:12

187:2

213:21

221:5,6

249:11

283:22

284:3

285:18

289:16

restra...

209:13

212:22

220:21

221:1

284:22

restra...

91:9

96:16

283:15

284:19

restra...

221:11

result

14:12

155:13

180:19

181:11

250:13

resumed

44:3

101:4

197:13

224:7

retrac...

172:16

retreat

124:1

review

46:2

268:12

reviewed

240:8

revolved

255:20

revolver

103:18

Richards

159:18

ride

305:22

306:3,4

riding

25:2

33:19

306:19

right 4:3

6:11,21

7:19

9:13,14

10:18

13:20

15:22

16:4

17:15

18:21

20:11

21:12,20

23:5

24:15

29:10

30:14

32:18

33:15

34:6,18

35:8,13

36:2,5,9

36:22

37:7

38:4,10

40:11

41:2,20

42:11,11

42:21

44:18

45:1,17

46:14,15

47:2,13

49:13

50:2,15

50:20

51:2

52:4,11

52:13,17

53:4,14

54:9

57:7

59:2

60:18

61:5,14

62:19

63:4,17

64:13,17

65:20

66:3,3

66:17

67:5,21

68:5

70:8

72:21

75:4,8

80:4,15

80:19

82:5,17

83:7

84:6,14

85:9

86:13

87:9,16

88:6,15

89:14,22

90:13,22

92:14

93:13,19

94:7,11

95:3,14

97:9

99:7,15

99:18

100:1

101:11

102:12

103:14

104:12

105:7,21

106:5,6

106:17

107:13

108:12

108:17

109:4

110:4,8

110:14

112:1,4

112:20

113:17

114:6,18

115:4,16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 125 of 144 PageID #:2601
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

356

116:22

118:5

119:3,8

119:9,9

119:17

120:7,16

121:1,9

121:13

121:19

122:2,19

123:20

124:14

124:18

125:2,14

126:1

127:12

128:1,14

128:18

128:21

129:6,9

129:13

131:8,18

132:8,16

133:6,9

136:19

137:11

137:16

138:8

140:3,14

141:11

142:12

143:10

143:18

144:2,11

145:12

145:18

145:21

146:15

147:2,18

148:3,5

148:17

149:1,1

149:8

151:2,6

151:8,16

151:20

153:8,22

155:8

156:18

158:11

158:17

159:16

160:5

162:10

163:9,16

164:4,11

164:15

165:3,11

165:13

166:13

167:6

168:1,18

169:4,22

170:11

170:20

171:14

172:8,20

173:3

174:1,15

174:19

175:13

175:21

176:10

177:1

179:2

180:11

182:8

183:10

183:17

184:8

185:9,11

185:16

188:2

189:5,8

190:8,14

191:20

192:12

195:13

195:22

196:4,16

197:1,16

198:14

198:15

200:5,11

200:16

200:22

202:4,16

203:2,4

203:13

203:18

205:6,22

206:6

207:4,17

208:5,15

209:15

210:2

211:19

213:6,22

214:10

214:17

217:15

218:18

218:22

219:6,15

220:4,9

220:14

221:17

222:10

224:14

224:15

224:17

225:18

226:8,11

227:7,8

227:13

228:12

228:16

229:1,8

229:10

230:4,21

231:9

232:6

233:5

234:4

235:10

236:3,4

236:6,18

237:2,14

237:21

239:3,13

239:16

239:19

239:21

240:4,7

240:12

240:15

242:13

242:18

242:22

243:3,6

243:9,17

245:3,5

245:10

246:6,18

247:8,14

248:1,7

248:16

250:8,22

251:15

252:3

253:4,13

255:3,6

255:13

256:1

257:13

258:3,15

259:2,4

259:13

259:18

261:2,6

262:3

263:12

264:2,11

265:8

266:14

267:18

267:21

268:2,8

268:13

270:6,9

270:12

272:11

272:20

273:14

274:10

276:2,16

277:8

278:5

279:9,15

281:5,5

282:15

282:18

283:17

284:16

286:4,6

286:11

286:17

289:19

290:11

296:13

300:9

302:8,12

302:20

303:3,16

303:17

303:18

304:9,11

304:20

306:20

307:1,3

risen

160:11

risks

153:2

Road 2:7

2:10

Robert

1:12

43:1

50:10

58:8

60:16

62:13

66:1

82:15

145:20

287:4

Roberts

105:12

151:12

151:14

rode 306:6

roll 20:20

30:15,18

31:4,11

32:21

293:9

Roman

191:4,8

room 7:2

20:7

132:16

244:7

287:12

287:20

288:2

298:14

Roosevelt

31:19

rose 2:6,6

2:7 4:1

12:16

13:9

16:6,11

19:18

23:21

27:11,21

28:7

30:13

31:9

33:14

34:7,17

36:1,17

37:6

38:3,9

38:18

39:9,17

40:10,18

41:19

42:10,20

43:18,22

44:5,17

45:8,16

46:13

47:1,12

48:11

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 126 of 144 PageID #:2602
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

357

49:8

50:1,11

51:9

53:3,10

55:7,9

56:11,19

57:14

59:1,10

59:21

61:13,16

61:18

63:11

65:6,7

66:6

67:4

69:7

70:14

71:1,10

74:19

75:3

76:14

77:7

78:13,20

82:4,12

82:16

85:8

86:2,12

87:8

89:11,21

90:8,10

90:13,16

90:22

91:1

92:3,13

93:3

94:6

95:12,20

96:13

99:17

100:13

101:1,6

101:10

103:6

110:3,16

111:7

113:6,19

114:5,18

114:20

116:21

117:3,12

122:17

126:1,3

126:15

126:16

128:1,5

128:13

130:2

132:5,13

133:5

143:10

143:14

147:1,13

148:16

149:17

150:7,11

151:2,8

151:9

153:8,10

153:21

154:3

155:18

157:13

158:1,10

158:17

159:15

160:4,8

161:1

162:7

163:8,21

164:3,11

164:15

164:17

165:3,7

165:19

166:1,12

167:1,13

169:16

170:19

172:8,9

173:7,9

173:10

174:9,11

175:7,9

178:7,14

178:18

179:2,3

179:13

180:3,5

182:9,17

182:21

183:1,5

183:10

183:12

184:7

185:2

186:21

187:11

187:15

188:2

189:8,10

189:13

191:20

192:7,12

192:14

192:22

193:8

194:8,9

195:2,3

195:9,13

195:14

195:17

195:22

196:4,5

196:16

197:2,15

199:16

201:10

202:15

204:11

204:19

206:5

208:11

209:2

211:3,14

217:19

218:7

220:3

221:4

222:3,9

222:11

223:1,17

224:8

225:17

226:2

250:8,9

250:22

251:4

261:2,6

261:9

262:2,4

262:6,11

263:12

263:13

266:6

267:18

267:19

268:2,3

269:2,4

269:8,18

270:1

272:10

274:10

274:13

274:17

274:19

275:11

275:18

276:1,16

276:17

277:8,10

279:1,3

279:9,14

282:18

282:19

283:11

288:10

288:21

289:19

290:11

296:9

299:20

300:15

301:9,20

304:20

306:20

307:1,3

rotate

23:8

rotated

23:12

rough 95:2

roughly

32:21

61:4

94:15

148:2,13

round

131:22

route

62:12

67:1

85:18

91:21

Rule 74:18

74:22

76:11

84:22

91:16

92:22

153:7,16

155:15

157:9

162:2

184:2

rules 1:21

5:11,13

5:16,17

5:18

run 86:13

86:17,18

104:13

167:2,5

run-ins

217:14

running

86:15

144:8

198:5

238:7

rush

206:20

288:1

rushed

206:22

S

S 3:6

S-a-h-...

148:18

safe 68:16

109:2

111:3

147:11

152:6

200:18

209:19

safety

76:9,17

176:19

299:13

Sahnas

148:19

Sahnas's

149:5

SAITH

307:8

SANDRA 1:3

satisfied

96:14

126:6

127:2

226:14

227:6,11

saw 37:15

58:1,6,7

58:20

59:4

63:1

79:9

80:19

93:11

108:18

121:7

124:16

127:14

142:5,7

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 127 of 144 PageID #:2603
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

358

155:3

182:10

203:15

203:16

205:4

210:17

219:11

227:22

228:13

248:19

256:3,21

262:17

281:6

286:13

saying

8:22

53:18

70:7

75:19

76:2

77:9

114:7

115:19

116:3,8

116:12

117:22

118:6,8

128:11

128:16

137:5

177:20

178:1,10

179:7

194:1

199:21

211:16

220:10

222:20

223:3

226:10

234:2

241:13

242:7

251:19

257:7

260:9

262:19

263:2

264:10

283:16

304:18

says 7:2

40:22

41:20

45:10

47:5

74:2

84:15

88:21

90:1

91:5

92:15

98:13

120:17

123:2

148:18

151:12

151:21

152:21

155:10

155:12

156:21

160:5

174:21

176:11

198:16

227:5,18

229:3

230:4,6

231:9,20

240:16

243:3,6

246:9

252:1,13

257:22

258:3,15

259:3,19

268:9

270:15

272:14

278:17

280:17

304:2

scenario

17:14

167:18

167:21

scenarios

167:18

217:16

scene

58:13,16

58:22

59:3,4

59:12,15

59:22

61:6

62:20

63:2,14

63:16,18

63:20

64:1,3

64:14,16

65:18,21

66:19

67:1

70:9,21

70:22

71:13

76:22

77:9

79:5,9

83:21

85:14

89:10

93:5,7

93:15,17

93:20

94:4

96:10

97:6

100:3,7

105:11

108:7

113:10

113:11

116:13

162:14

185:20

210:9

215:22

216:1,4

216:10

216:12

219:2,8

219:11

219:16

220:12

222:19

223:20

230:5,18

230:20

232:22

234:1

248:15

250:11

262:22

271:3

272:15

292:10

295:7

296:19

300:20

300:22

301:2,8

301:18

301:22

302:3,4

302:5

schedule

22:2

149:5

scope

169:10

Scott

151:12

151:13

se 241:10

Seagal

142:5,6

142:8,15

Seal

308:16

seams

95:19

search

247:18

searching

247:19

seat 23:11

seated

133:14

133:18

seats

133:13

second

13:11

32:1

121:3

145:12

156:20

171:3

224:4

240:5

242:14

Secondly

7:6

268:16

seconds

50:3,4

53:12,18

54:5

123:15

123:16

123:18

139:5,14

139:16

240:4

Secretary

20:9

section

99:2

192:2

243:6

298:3

303:13

see 17:9

20:21

21:3

25:15

35:3,15

36:6,11

36:15

41:22

42:7,8,8

42:11

44:21

46:14

48:7,8

50:4,17

53:12

54:6

63:2,20

63:22

73:18

74:16

75:11

79:5

88:7,13

89:2

91:11

92:20

93:2

99:4

104:8

109:11

110:12

110:21

113:21

115:15

118:5

119:15

120:12

120:17

120:21

122:6

124:4

127:5,12

128:3

142:16

144:18

144:19

145:18

146:11

147:20

148:17

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 128 of 144 PageID #:2604
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

359

150:11

152:13

153:4,15

153:22

155:14

155:17

157:8,12

162:1,8

162:9

168:21

169:3

173:13

175:1,3

181:15

184:1,6

184:15

185:18

188:19

189:21

198:5,19

200:20

201:15

203:13

211:4,6

211:19

212:12

215:11

222:12

224:20

225:19

226:1,4

226:6,6

227:14

229:3

230:6,12

231:13

235:11

235:15

236:18

236:21

244:7

253:14

255:6,8

257:15

258:17

265:5

266:1

267:6

276:5

278:12

282:7

283:3

299:16

306:16

seeing

54:9

58:8,11

58:14,16

58:22

59:14,20

60:1,3,5

60:7,9

60:11,13

61:7

62:20

63:5,10

63:12,15

63:17

93:18

98:11

104:10

127:15

173:14

215:22

216:6

242:5

266:11

275:2

276:19

289:12

289:13

299:15

seek 97:19

164:22

199:8

234:13

234:16

304:7

seen 6:10

17:4

34:20

73:6

87:20

98:10

145:15

149:16

150:16

189:1

221:6

265:15

seize

199:10

send

295:22

sending

131:11

sense

77:13

116:13

117:15

186:10

305:9

sent

260:14

sentence

84:15

153:12

155:10

156:21

183:19

183:21

282:21

separate

154:16

244:8

September

1:18

87:19

308:16

seq 98:16

Serb 13:12

sergeant

1:11

17:1

29:15,16

29:17

30:1,14

30:18

57:8,15

57:18,20

58:9,11

58:14,16

58:22

59:14,20

60:13

93:12

215:20

216:4,6

216:10

216:11

216:21

217:4

219:7,10

229:21

231:2,2

231:7

240:8,19

242:3,10

242:10

259:19

260:9

262:7,15

262:19

263:2,18

263:21

264:1,5

264:9,11

287:4

sergeants

30:10

57:8

serial

146:1,4

258:3,11

serious

155:13

served

266:15

serves

8:19

service

42:11

45:9,10

47:5

102:7,10

103:18

298:14

services

75:20

90:3

98:15,18

98:21

session

15:17

18:1

134:2

141:13

set 268:11

268:21

308:10

308:15

settle

246:18

seven 50:3

93:20

94:3

230:14

230:17

230:17

230:22

Seventh

5:13

severe

157:4

shake

10:11

sharing

245:16

shift

20:12,12

20:15,17

21:8,20

21:21

22:1

23:14

24:16

27:2,4,8

28:9,15

29:3

30:6

39:11

43:10,13

148:22

216:14

292:13

292:19

shocks

152:10

shoot

153:14

shooting

153:1

Shootings

160:6

short

17:16

43:21

shorter

78:7,12

78:15,19

122:10

122:16

245:22

246:2

shorthand

308:7

shorts

80:12

shot

154:14

154:16

154:18

231:10

231:10

258:16

258:20

258:21

shotgun

23:11,17

shoulder

122:8

123:1

280:21

shoulders

10:11

136:20

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 129 of 144 PageID #:2605
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

360

show 8:6

72:21

160:9

183:7

191:1,2

231:7

269:6

shown 50:9

137:21

302:11

shows

25:13

35:21

36:16

40:16

54:15

62:11

270:4

shrug

10:11

sic 13:12

side 34:1

103:11

107:2

109:14

121:22

123:1

130:4

134:3,18

135:14

136:4,8

136:14

136:14

136:15

137:4,7

143:4

166:21

200:9,11

203:20

206:11

232:8

282:8

294:8

side-t...

112:2

sides

142:21

sidewalk

104:20

sign 19:19

21:10

240:2

248:19

265:5,18

265:21

266:11

268:1

269:9

270:4,9

272:20

286:13

289:12

signal

129:7

signature

307:2

308:11

signed

22:8

240:8

267:21

270:11

272:13

275:2

277:19

278:2

280:6

signing

268:12

270:2

273:6

280:12

signs

296:15

296:22

similar

8:14

96:22

125:18

253:21

simple

197:6

211:18

simply

273:10

274:20

Sinai

213:20

252:2

253:2

266:10

267:8

287:7,14

288:12

297:1

299:15

305:10

305:16

306:1,9

single

139:13

139:14

232:3

285:19

285:21

single...

62:3

SIOLIDIS

2:2

308:3,19

sir 4:13

10:19

75:12

91:2

145:16

151:10

166:2

173:14

179:5

187:12

189:14

190:7

192:22

193:21

196:21

251:5

269:9

sit 23:10

116:22

214:2

sitting

133:13

230:21

situate

59:11

situated

201:16

202:5,8

215:21

situation

82:1

88:20

96:18

98:4,20

101:22

102:3

113:12

124:4

138:2

168:13

170:7

171:1,12

193:5

194:13

202:2

207:20

290:6

297:17

situat...

92:16

112:9

137:12

221:15

six 63:13

93:16

97:3

133:19

240:7

245:22

size

112:11

skull

249:17

250:12

251:17

253:5

265:16

266:1,21

266:22

skyroc...

160:7

slacks

64:6

slapping

198:17

slender

79:19

slide

258:13

slightly

175:12

slithered

203:19

slow 238:7

small

102:1

190:3

191:7,9

SO3-08

87:20

Soat 1:8

social

180:16

180:17

180:22

soft 157:3

solely

98:5

somebody

8:16,18

68:9

102:21

138:3

139:5

140:15

141:8

156:3

158:6

179:21

185:7,14

194:14

205:12

214:10

215:1

228:10

235:4

237:7,8

238:16

241:8

254:7

256:9

290:5

303:18

306:6,19

someone's

138:21

somewhat

109:20

soon 9:8

sorry 25:8

32:13

40:19

232:11

257:6

269:18

sought

99:2

sound 7:11

7:13

10:12

117:14

208:15

208:21

sounded

269:20

sounds

10:6,8

116:7,12

117:10

117:13

118:1,9

118:13

118:17

119:3

168:16

200:2

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 130 of 144 PageID #:2606
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

361

209:4

232:4

286:7,9

source

160:21

sources

261:11

south

31:20

35:2

38:14

55:1

58:14

61:8,19

61:21

62:4,16

62:17

246:7,12

246:19

247:6

Spanish

37:9

38:1,5

77:15,16

116:4

spasms

152:8

156:22

157:4

speak 31:3

43:14

49:21

52:2

67:20

70:4

71:7

75:22

77:11,15

77:16

83:22

95:10

102:8

103:1,19

104:11

109:8

115:12

117:20

118:2

120:4,6

120:14

121:5

142:13

149:6

159:1

172:11

177:8,19

178:4,5

188:17

219:21

223:4

255:18

271:7

272:2

speaking

7:7

26:15,16

62:4

64:15

70:21

77:10,12

80:2

89:9

106:13

110:1

117:21

118:8

162:13

169:13

170:1

179:22

205:16

216:11

special

31:11

73:4,6,9

73:10,14

75:5

84:21

87:17,19

87:20,21

91:13

183:8,14

183:18

184:8

192:7

229:18

239:15

297:20

298:1,4

specific

27:18

53:20

79:13

107:20

107:22

117:1

141:4

146:4

205:5

236:21

241:2

255:5

265:14

267:2

287:15

specif...

51:15

52:3,12

52:19

59:7

68:11

70:5

93:8

98:11

102:9

105:5

115:12

118:3

133:12

203:6

216:2

245:11

255:4

267:4

276:7

287:11

287:21

300:20

305:6,9

306:6

specifics

131:15

268:7

271:20

specified

155:1

specifies

183:18

243:10

specify

25:19

135:18

218:21

231:21

253:20

specif...

208:4

speculate

46:21

141:5

179:11

179:22

196:9

212:7

302:15

specul...

87:3

96:4

132:10

178:11

179:10

182:4

301:4

speech

118:11

speedily

92:1

spell 31:1

spinal

157:3

Spinning

2:7

spoke 68:8

70:19,20

75:22

77:11,13

97:14

100:8

106:3,4

108:7

177:10

234:1

249:15

spotter

134:3,9

134:18

135:4,9

136:4

142:21

143:4

spotters

134:6,15

135:3,6

136:8

141:20

142:12

142:13

142:15

156:7

spray

171:13

171:16

172:2,2

172:5,6

172:16

172:19

192:16

192:17

193:7

259:4

squad 22:6

22:9,10

23:9

24:6,17

25:20

26:7

27:3,13

28:9

42:12,19

42:21

46:7

53:5,14

53:15

54:6,19

54:19

58:2,4,6

58:21

59:4,7,9

59:11

60:20

66:8,9

105:8

291:19

293:13

294:6

Squadrol

298:16

squads

26:10

SS 308:1

309:1

stabbed

231:11

stack

45:19

staff

287:7,9

287:18

288:7,11

288:13

288:18

289:15

stage

133:15

133:17

133:17

stand

43:16

47:6

111:1

132:21

156:3

209:8

259:14

259:16

290:4

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 131 of 144 PageID #:2607
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

362

standing

67:22

68:3,3

81:2,4

86:1

87:5

106:15

106:17

106:18

108:20

109:1,19

111:15

111:21

115:13

118:14

120:15

133:8

142:5

144:7,10

150:14

150:21

151:3,6

159:8,10

159:22

160:19

162:5

166:20

196:8

199:19

200:19

203:22

208:12

225:18

226:5

272:19

stands

40:22

46:21

100:14

233:20

star 1:6,6

1:7,7,8

1:8,9,10

1:10,11

1:12

177:11

start 6:3

19:3

21:15,16

22:4

28:8,15

29:4

156:20

194:15

194:16

281:7

291:14

started

11:13

21:3

32:18

80:20

101:11

120:5

122:2,18

123:20

129:1

167:16

267:7

271:12

281:9

292:14

292:14

292:16

292:20

292:21

293:3

starting

250:14

state 2:3

4:13

151:21

269:12

308:1,4

309:1

stated

113:4

150:22

163:4

225:13

269:17

269:18

273:10

statement

112:6

182:11

statem...

181:10

251:9

states 1:1

5:11,14

184:10

271:2

272:4

287:3

stating

265:19

station

21:10

41:15

47:21,21

47:22

48:5

72:11

252:11

254:22

statio...

106:19

stations

302:14

stature

112:11

142:9

Statute

182:16

Statutes

90:12,21

91:4

stay

212:12

249:7,13

283:5

stayed

120:1,8

steam

111:16

111:18

step

118:15

168:18

175:14

196:7

306:16

stepped

60:20

124:19

Stevan 1:6

1:17 3:2

4:7,15

268:10

308:5

309:14

stiff

257:11

stiffen

256:11

stiffened

256:6

257:2

stiffe...

256:15

stiffens

256:9

stomach

144:22

266:22

stood

112:16

112:21

142:16

166:13

stop 6:4

7:18,18

7:18

126:1

165:3

178:18

219:16

stops

25:22

stored

20:8

straight

203:20

302:6

strap

221:7

straps

283:15

284:1,4

strate...

109:12

street

2:14,19

31:19

32:19,22

33:5

62:12,13

80:22

86:5

88:2

104:21

105:1,2

105:3,4

105:5,6

105:8,16

105:17

106:15

106:17

108:19

108:20

109:1

111:22

144:7,11

144:13

144:14

144:15

144:16

155:20

155:21

156:8,14

156:17

166:20

182:11

187:1

201:2

203:2,3

203:7,12

203:14

203:16

204:1,4

204:6

205:2,5

206:13

209:12

212:1,3

214:1

215:11

216:13

221:20

224:20

225:6,7

225:9,19

226:6

240:18

241:5

246:11

263:7,19

264:17

272:19

285:16

286:2,9

289:9

strength

97:2

stretches

31:20,21

stricken

289:20

strictly

249:10

strike

13:18

61:16

113:19

114:18

126:2,15

128:1

143:10

155:21

156:14

164:15

165:19

180:3

188:14

188:21

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 132 of 144 PageID #:2608
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

363

192:22

194:8

195:2,13

195:22

203:14

203:17

211:3,5

256:5

263:12

274:9,10

274:11

275:11

275:16

275:19

290:11

292:17

304:20

striking

193:11

198:16

struck

124:6,9

202:18

220:1

228:2

231:11

243:6

255:7

study

73:13

stun

137:13

137:21

138:3,5

138:7

152:10

152:16

296:3

stunning

138:13

193:11

193:16

194:2

195:5,18

198:15

198:16

subdue

161:20

subject

69:12

140:9

180:13

180:16

180:19

193:12

198:18

205:11

216:22

243:16

244:15

247:15

248:17

264:22

270:22

271:1,21

287:2

306:4

subject's

198:19

244:16

255:7

256:5

subjected

12:11

subjects

175:19

181:2,5

205:20

submitted

240:6

subscribe

309:7

SUBSCR...

309:16

subseq...

18:12,17

substance

108:9

112:8

113:14

113:16

126:14

179:19

179:20

271:5

substa...

97:1

112:10

succes...

18:18

succinct

187:18

187:22

suffer

157:17

235:21

suffered

235:20

suffering

72:3

157:6

suffic...

95:21

suffic...

273:8

suggest

149:17

197:4

suggested

141:2

192:18

sugges...

69:15

174:12

sugges...

255:11

suit

308:13

Suite 2:8

2:15,20

summer...

80:7

Summit

247:2

Superior

216:13

Superv...

1:11

231:2

Superv...

13:7,10

20:10,12

29:10,12

29:13

30:3,6

57:7

148:21

216:18

217:4

229:21

supplied

273:8

supported

199:12

suppose

37:10

supposed

28:16

56:12,17

176:14

Supreme

5:14

sure 5:17

6:9

10:14

14:10

17:21

28:16,21

29:1

34:13

67:10

84:13

104:19

140:22

145:7

149:20

192:5

surely

174:9

surgeries

250:13

surround

162:20

surrou...

40:7

129:16

suspect

137:4,6

137:10

suspected

132:7

suspects

161:22

suspen...

14:11

suspicion

239:11

suspic...

8:16

swaying

112:3

swear 4:2

swing

121:16

123:8,11

124:20

272:9

swinging

121:17

144:10

271:12

281:9,17

switch

140:1

295:9,16

295:22

sworn 4:9

76:6

176:17

269:11

308:5

309:16

swung

124:21

synopsis

68:13

102:1

218:14

262:15

263:5

302:7

system

36:10

45:2

293:20

Systems

90:3

98:16,21

T

T 3:6

table 5:22

9:16

tactical

15:9,9

236:22

239:15

239:17

260:12

287:5

tactics

168:14

194:20

tag 177:12

take 4:20

5:10 6:6

6:16 7:1

7:3,6,10

9:5

10:12

11:4

12:10

13:22

19:4

20:18,18

21:1

25:14

27:9

28:17

32:8

43:21

54:21

55:4,13

55:17

62:13

67:3

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 133 of 144 PageID #:2609
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

364

71:2

80:20

81:10,17

81:18

82:3

94:8

95:1

98:1

103:3

123:8,11

129:18

129:22

142:2

149:20

149:21

189:7

197:1,9

197:16

205:7,15

245:3

252:10

257:4

264:2

269:3,4

276:8

278:5

283:14

284:14

303:16

304:3

306:11

306:15

taken 9:7

44:2

67:18

74:15

84:17

97:3

101:3

153:17

157:10

159:17

162:3

184:1,3

197:12

205:10

205:12

244:20

260:18

261:17

273:15

278:2

298:8,12

299:13

303:19

303:22

takes 97:2

talk 5:21

6:3 8:1

9:19

10:1

39:16

45:21

64:14

67:2

70:9,15

89:5

101:18

130:3

170:3

183:13

198:14

218:5

223:6

251:10

251:13

262:7

267:7

talked

80:1

118:22

172:17

218:14

236:11

252:21

301:21

talking

5:19 6:4

36:20

39:11,18

82:11

83:18

88:3

116:3,6

124:3

145:18

175:6

178:15

185:22

193:6

199:5,20

218:19

226:3

248:22

255:10

287:18

303:10

talks

82:18

146:1

152:20

197:21

tall 78:2

78:3,4

78:11

94:21

tangent

192:13

target

145:2

tase 97:11

136:12

137:4,6

137:10

137:18

139:5

154:6

219:9

304:7

tased

130:10

130:14

130:15

130:15

131:6,9

132:22

133:3,9

134:11

134:12

134:14

134:17

134:19

136:3,5

136:8

155:7

156:4

205:11

205:21

207:3

212:10

214:11

217:1

247:18

251:21

263:10

266:9

271:13

281:20

Taser 13:8

13:17,22

14:15

15:12

18:14,19

18:20

19:1,19

20:1,14

20:16

21:7,9

21:11

51:3,7

51:11,16

51:17,18

51:19

52:3,5,8

52:15,16

52:18

55:3,12

61:1

66:2

67:2,3,6

67:7,13

67:15

68:10,12

68:15

69:9,16

72:19

76:22

81:9,11

82:15

83:5,10

83:22

87:14

91:21

92:1,8

93:6,8

94:8

97:15

102:11

102:13

102:16

102:19

103:3,4

103:10

110:9,14

111:9,10

125:12

125:20

127:21

127:21

127:21

127:21

128:15

128:15

128:15

128:19

128:19

128:19

128:22

128:22

128:22

129:5,5

129:5,6

129:6,7

129:9,11

129:17

130:1,17

132:17

134:21

135:11

137:20

138:1,4

138:8,22

139:1,3

139:13

139:17

139:19

140:1,8

140:20

140:21

142:19

142:19

142:19

143:1,3

143:18

143:19

143:19

143:19

143:22

143:22

143:22

143:22

144:17

144:20

144:22

145:6,10

145:19

146:2,2

146:5,8

146:13

146:15

146:16

147:9

148:1,4

148:15

149:4

150:4

152:4,21

154:5,10

154:14

155:19

156:5,13

156:16

157:14

157:17

158:4,8

158:13

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 134 of 144 PageID #:2610
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

365

160:6,11

161:4

162:15

162:22

163:10

164:19

173:4

186:15

190:10

190:16

192:2,3

194:18

194:19

194:22

196:6,6

196:6

200:7

202:18

205:3,7

205:14

205:19

210:13

210:18

211:2

212:14

213:17

213:18

216:15

216:22

217:4,6

217:20

217:21

218:6,8

218:9,12

218:12

218:20

218:22

219:3,6

219:6,7

219:12

219:14

219:14

219:14

220:5,10

226:15

230:15

233:2

234:15

243:15

257:14

257:19

257:20

257:22

258:4,6

259:3,7

259:12

263:1,22

295:6,7

295:13

295:16

295:17

296:4,7

300:6

tasered

155:4

204:3

208:16

221:19

222:14

256:22

289:8

290:5

tasering

208:22

266:21

Tasers

19:3,6,9

19:11

20:8,21

21:3

52:1

150:20

152:1,5

155:11

157:1

159:5

161:10

161:20

tasing

133:20

141:6,8

141:12

142:10

156:4

207:10

209:19

219:11

219:16

248:4

249:1

285:16

taught

99:6,14

99:18

140:7,15

140:17

140:19

145:4

170:21

172:20

175:15

176:1

180:21

181:4,6

195:5,19

teach

99:21

teaching

17:10

152:17

Technical

289:4

techni...

291:10

291:12

techni...

98:14,19

technique

195:5,18

techni...

181:14

186:19

191:6

teetering

111:19

112:17

telephone

9:9

247:8

294:9

tell 8:18

9:2

13:14

25:11

26:10

40:12

47:13

49:5

69:9,22

71:2

84:7

107:10

107:18

114:11

114:16

117:18

129:7,13

130:12

131:8,13

136:11

137:3,6

137:22

142:15

142:19

154:20

160:16

177:1

187:20

199:15

217:11

222:13

229:21

233:5

242:3

246:13

250:11

251:16

252:21

253:4

262:22

263:6,18

265:1

269:5

272:16

287:21

288:1

302:10

telling

84:10

100:19

166:10

217:15

253:7

262:21

271:16

tells

217:5,11

temper...

80:8,10

ten 133:19

283:12

301:3

term

270:20

terminal

54:18

termin...

182:13

termin...

37:19

42:6

48:4

terms

191:3,12

test 14:1

17:14,15

17:16

28:16,19

testified

4:9

293:8

testify

6:22

308:6

testimony

58:19

63:7

89:8

113:3

117:7

163:2

164:1

184:20

187:6

194:5

201:5

225:12

273:3

277:4,18

277:21

308:9

testing

17:8,12

17:12,19

thank

10:18

34:16

44:1

156:18

167:6

180:10

190:14

220:14

232:6

263:16

274:17

275:11

307:5

theirs

45:21

thereof

308:14

thing 10:3

107:20

119:4

121:13

124:18

185:12

234:18

things

10:9

12:18

125:19

126:13

173:12

175:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 135 of 144 PageID #:2611
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

366

238:6

think 8:22

61:10

68:14,21

86:16

94:11

106:6

115:10

118:16

118:17

120:18

125:19

151:1

160:15

163:19

164:13

165:5

184:8

185:17

188:15

189:5,5

189:17

190:20

190:22

191:6

216:18

222:10

224:2

232:21

261:21

261:21

277:5

293:8

303:4

thinking

179:12

third 48:3

109:15

242:13

thought

25:6

92:4

150:12

177:2,21

178:12

178:16

189:19

198:9

226:21

228:12

229:15

234:5

253:17

257:3

285:7

threat

232:3

threat...

232:1

threat...

92:16

threats

231:12

231:16

231:18

231:21

three 6:3

12:1,4

14:17

19:13

95:5

96:12,14

96:15

97:8,21

100:9

101:12

102:5

109:4,9

109:12

125:13

125:15

126:5,8

126:22

129:14

143:21

163:18

187:17

188:8

206:20

208:5,6

238:21

296:8

three-...

162:4

threw

167:18

241:22

throw

194:16

thud 204:5

204:10

tighter

256:10

time 6:10

6:10 7:7

7:9 8:2

14:10

15:12

20:10

22:3,20

24:13

26:14,16

27:13

32:20

33:1,20

36:5,5

36:20,22

38:10

42:2

46:3

48:7

55:11

59:3

60:19,19

60:22

61:1

63:21

67:14,16

72:15

73:13,13

73:16,16

78:21

81:3

83:6

84:20

85:6

89:12

94:18

100:11

102:14

105:19

105:20

106:5

114:7

115:19

119:22

120:2

126:20

139:12

139:20

146:22

148:7,13

148:14

148:21

162:13

163:14

169:14

174:5,7

177:17

179:8

190:9

193:4,20

200:14

203:8,10

210:7

213:15

216:10

223:9

226:13

226:14

226:20

226:21

226:22

227:7

229:7

230:9,15

235:17

244:5,10

251:6

252:11

253:18

266:12

269:3

273:13

279:17

280:12

281:9,17

283:10

283:13

285:22

287:14

304:6

308:10

309:5

times 7:5

9:13

33:16

48:15

124:22

139:20

143:21

189:17

189:18

262:5

295:12

304:14

tion 47:18

tissue

157:3

title

151:11

235:4

today 6:3

9:7 46:3

107:14

143:15

230:21

269:7

271:17

272:17

273:7,14

273:17

273:20

277:13

277:19

277:22

278:8

280:2

281:15

toggle

140:1,12

140:16

140:17

295:9,15

295:22

told 20:11

56:20

72:8

84:1

97:16

100:14

108:1,5

112:21

114:10

114:15

127:17

134:1,8

134:15

135:21

137:19

140:22

147:17

152:16

154:5

169:1

216:14

219:2

228:12

233:13

236:14

244:22

245:4

254:11

263:8,15

263:21

264:7

286:2

291:18

292:9

293:12

300:3

tolerate

196:22

tone

118:18

118:19

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 136 of 144 PageID #:2612
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

367

118:20

tool 69:17

171:7

tools

170:8,11

top 46:14

88:8

136:20

144:14

156:21

160:5

184:12

206:21

223:13

240:13

246:11

topic 31:5

torso

136:18

136:19

total 23:3

202:7

touch

126:7

touched

263:6,19

264:1,4

264:8

touching

213:14

tour 19:3

19:5,7,7

19:8,20

21:2,9

29:6

30:15

31:4,12

32:18

33:2,12

95:14

292:15

292:16

tours

11:14

TR 230:15

237:4

245:7

traffic

55:13

105:7,15

105:15

105:18

293:13

trained

16:17

17:4

39:21

56:12

129:14

137:18

152:15

157:14

158:4,8

167:8

171:8

173:19

176:13

176:20

181:17

185:10

193:11

205:14

205:18

205:19

280:22

training

11:10

14:14

15:3,10

15:11,17

16:1,3,4

16:12

17:2,5,9

17:22

18:1,6

18:13,18

21:13

101:19

109:21

113:5,9

129:10

130:3,5

130:6

134:2

136:3

137:9

138:12

139:18

141:12

152:22

154:4,14

156:1,7

161:8

167:7,14

167:22

171:11

173:11

173:16

174:2

176:7,8

185:6

205:14

234:17

254:6

transc...

8:8

308:9

309:5,8

transport

69:21

71:19,22

76:6

77:4

97:18

199:7

232:19

233:8

234:10

234:12

234:18

234:18

234:21

235:6,9

transp...

89:1

91:10

92:20

99:3

transp...

99:3

108:10

233:14

298:9

303:20

305:15

transp...

88:18,22

91:7

98:16

235:1,4

travel

145:5

treat

232:22

treatises

90:5,14

90:17

treatment

74:10,10

76:7

84:5

89:2

91:11

97:19

98:2,18

99:4,7

99:10,15

100:4

111:13

115:9,15

170:17

199:8

218:16

234:14

234:16

252:1

253:2

285:18

304:7,11

trees

34:11

trial 9:4

34:11

Tribune

159:5,17

159:20

tried 92:1

108:9

115:15

115:20

123:10

124:5,8

186:2

187:1

190:9,11

190:12

191:14

191:15

192:21

193:16

195:4

205:22

218:16

232:19

271:10

272:1

276:4,20

277:12

277:14

278:1,10

278:18

280:7,10

280:15

280:17

281:4,13

281:16

282:10

285:18

trigger

138:9,13

139:1,13

139:15

139:20

139:22

140:13

144:5

163:10

200:6

295:7,12

295:16

TRR 262:14

263:4

truck 61:6

61:7

63:5,10

301:3,6

trucks

105:16

true 77:19

237:12

268:2

269:13

285:20

303:1,2

308:8

309:8

truth 8:17

308:6

truthful

277:22

truthf...

272:21

try 4:16

7:15

9:16

25:10

70:15

71:20,21

84:4

111:3,4

120:12

123:8

127:13

138:4,5

154:6

168:8,11

169:20

179:4

187:8

194:2,12

195:18

237:20

237:20

238:2,5

255:20

256:19

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 137 of 144 PageID #:2613
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

368

261:13

271:7

276:9

278:12

279:21

279:22

284:7

288:7

303:3

trying 7:7

7:8,11

7:13

77:6

84:2

97:17

102:3

117:11

122:6

124:3

127:15

137:10

168:19

168:22

177:5

185:22

196:19

219:16

227:1,2

234:19

251:12

257:4

269:5

277:2,4

277:5

283:22

284:1,3

285:14

287:20

tune 39:21

tuned

33:16

turn 28:20

56:13,20

57:3,5

101:14

109:5

140:12

182:18

183:2,5

207:7

224:2

288:14

295:18

turned

57:1

181:22

295:20

turning

29:2

140:15

turns

140:1

two 14:9

14:16

16:19

23:7,8

43:5,6

47:16,18

49:10

50:16,21

64:2

66:1,7,9

66:12

83:2

85:10

93:13,14

94:3,20

102:8,11

102:13

104:8,11

131:10

131:18

131:21

133:3

138:14

142:12

144:22

160:8

202:18

212:16

215:15

215:16

217:22

219:1,5

246:14

249:9,16

255:7

291:17

300:19

302:11

302:13

302:15

two-man

22:10

type 159:4

198:2

217:18

232:7,12

233:9,17

235:10

236:1

254:1

256:12

294:21

297:6

298:18

typewr...

308:7

typical

144:13

U

uh-huh

10:7

uh-uh 10:7

ultima...

188:14

unable

125:16

unacce...

189:4

uncomf...

132:7

uncont...

152:8

uncoop...

193:12

289:13

uncuffed

212:21

213:1

undern...

134:19

137:1

148:17

198:15

258:10

258:12

258:13

unders...

26:2

27:2

76:2,16

77:6,9

100:12

102:18

117:19

118:1,6

126:4

163:20

177:22

178:6,9

178:10

179:7

180:7,9

188:11

188:15

199:20

200:2

219:17

228:9

234:19

285:20

285:22

286:3,5

303:13

304:18

305:9

unders...

27:4

139:17

227:17

228:19

229:6,7

261:12

unders...

46:1

115:1

143:17

178:3

181:20

199:17

218:8

239:1

251:14

unhols...

94:7

146:15

uniform

13:6

15:22

18:15

64:4,8

102:6

177:12

177:15

292:1,4

292:7,11

unit 15:9

15:10

29:8

242:19

259:10

259:17

291:6,9

291:13

291:15

291:16

291:17

United 1:1

5:11,14

units

230:5

291:2

unknown

238:12

238:20

239:6,8

unmarked

25:8

unplea...

130:9

unqual...

261:4

unsupp...

182:2

unusually

95:13

update

174:5

updated

151:13

154:8

upgraded

256:20

upright

111:17

111:21

133:3

142:1,10

156:3

203:22

urging

153:1

use 8:8

10:4,5,6

14:15

15:11

19:20

69:15

129:9,13

130:17

137:15

138:1

139:17

145:10

155:9

156:6

158:4,8

159:5

160:6,7

160:11

161:9,16

161:17

167:8,9

167:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 138 of 144 PageID #:2614
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

369

167:17

168:2,11

168:15

168:18

168:19

168:22

170:8,10

171:8,13

171:22

172:20

172:21

173:4,6

173:19

175:1

180:16

181:2,14

185:4,7

190:20

191:12

191:13

191:14

191:15

191:16

191:16

192:18

193:7,9

193:10

193:12

193:16

194:2,22

195:4,18

195:19

216:15

216:18

217:4,5

218:9,11

218:20

219:2

220:5,10

242:1

279:8,15

279:18

280:3

uses 170:4

usual

221:10

usually

30:17

33:12

152:11

185:6

241:9

248:2

254:8

258:10

292:15

302:14

utility

18:15,19

102:7

104:3

171:5

172:1,12

utilizing

181:13

utter

220:13

231:19

232:2,4

285:19

285:21

286:4

uttering

286:3,7

286:9

V

v 1:5

V-a-l-...

43:3

V-i-d-...

4:15

vague

270:20

VALADEZ

1:8

Valdov...

1:7 43:3

49:12,22

60:5

72:14

81:16

85:14

93:10

95:1

96:11

215:19

300:19

Valenz...

1:7 60:1

93:11

215:20

vantage

112:5,7

125:15

126:5,22

133:6

varies

24:3

82:3

various

170:4

221:10

268:17

vast 239:2

vehicle

24:22

25:4,9

25:11,12

25:14,17

25:19

27:7,8

28:13,17

53:12

56:8

57:18,21

61:2

103:3

105:12

106:2,5

vehicles

27:22

105:9,9

105:11

verbal

10:15

17:12

168:7

169:7,17

181:7,7

181:10

181:10

181:13

231:12

231:16

231:18

231:21

232:3

255:8,10

255:14

255:16

256:1,3

verbal...

70:1

71:3

verbally

169:14

177:13

192:20

232:1

verbatim

6:16 7:1

68:8

69:10

84:1

97:16

115:7

119:14

vest 29:1

177:11

Vic 25:3

vicinity

105:22

190:9

201:19

281:19

victim

72:9

Victoria

26:21

video 26:2

55:21

57:9

146:14

video/...

25:21

26:4,8

27:3

56:1,13

57:18,21

Vidlji...

1:6,17

3:2 4:7

4:16

268:15

270:19

271:2,6

271:13

286:21

287:3

308:5

309:14

Vidlji...

268:10

268:20

view 80:21

110:10

110:17

200:17

200:19

201:11

violated

74:6

violating

76:17

violation

74:7

violent

170:11

violently

155:22

visible

219:1

248:19

265:5,18

265:21

266:11

289:12

visit

265:22

visited

266:5

visiting

242:10

voice 7:4

51:13,16

118:10

118:11

118:21

302:16

302:20

303:9,11

volts

140:19

141:2

voluntary

130:14

volunteer

130:16

130:20

132:6,12

135:6

136:7

volunt...

130:22

154:13

264:3

volunt...

131:1,3

131:14

131:20

132:1,17

132:22

133:7,9

133:11

134:2

136:2

141:11

141:17

141:18

155:4,6

W

waddling

112:1,17

waist

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 139 of 144 PageID #:2615
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

370

107:4

waistband

136:21

137:1

wait 52:6

143:3

192:22

waited

252:8

waived

151:3

waiving

271:1

287:2

walk 86:22

104:14

104:14

104:18

104:18

182:12

206:6

209:8

214:15

walked

67:21

68:22

102:17

103:10

106:21

111:8,11

121:21

164:4,18

166:14

168:16

177:1

181:22

214:10

215:1,3

215:6,7

216:5

217:20

218:22

271:8

272:5

274:22

walking

85:19

86:1,20

87:6,7

101:13

101:16

104:14

104:20

104:21

104:22

105:16

106:11

106:18

109:5

164:21

217:22

272:6

want 6:9,9

8:4,11

8:19

9:19

10:4,5,6

10:10

20:18

21:15,16

34:18

44:18

70:2

73:20,21

84:4

92:14

98:7,12

99:9

113:21

116:15

129:16

132:6

136:22

145:12

149:19

155:8

156:19

161:13

165:9,13

174:19

178:20

181:21

187:18

187:22

188:4,14

189:21

191:8

197:16

197:21

207:4

218:11

218:20

250:5,17

251:7,8

251:11

255:6

261:6

270:12

270:12

274:1,2

276:18

282:20

289:19

297:19

298:3

301:12

305:6

wanted

108:2,5

108:14

112:6,19

137:9

164:7,10

164:20

166:11

183:11

183:13

186:9

193:5

218:8

235:12

301:14

wants

167:9

197:6

warm 80:8

warning

129:15

174:22

181:8

warns

156:22

warrant

108:14

wasn't

56:2

61:6

67:15

80:12

85:19

86:4

96:2

108:22

111:19

112:1

121:17

122:11

144:15

186:5,15

192:7

201:11

210:22

238:7

273:11

watch 1:12

20:9,12

21:6

29:10

30:17,20

60:15

133:9

139:6,6

145:21

231:5

248:7

259:20

260:9

watched

141:18

watching

248:12

wave

131:11

waves

295:19

295:21

295:22

way 6:18

10:1

14:5

18:13

26:2

54:11,22

55:2

67:12

73:18

77:15,18

80:18

90:1

110:8

111:14

121:4

123:21

127:11

129:8,15

134:4

135:2,13

136:20

142:5

168:8

176:13

183:17

184:21

185:19

190:3

193:5

198:21

204:21

211:10

213:16

221:6

231:1

250:18

264:4,8

267:20

271:15

271:16

280:22

281:14

295:15

296:10

296:18

304:6

308:13

308:14

we'll 8:16

9:10

34:13

39:7

73:1

74:1

97:10

115:22

128:2,6

146:10

211:19

213:22

243:17

269:7

we're 9:20

26:15,16

35:10

45:18

54:11

82:5

84:2

89:22

97:16

111:5

112:20

139:4

169:13

171:14

192:12

197:1,2

280:5,22

we've

171:8

189:18

302:10

weapon

102:10

103:17

103:22

110:6,9

110:10

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 140 of 144 PageID #:2616
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

371

129:9

132:18

145:6

147:5

164:19

170:21

196:8

239:16

247:22

258:3,4

weapons

111:4

152:6

161:16

170:4

171:3,16

190:16

248:4,5

248:11

wearing

80:14

177:14

wears

67:13

week 227:5

227:8

weigh

78:21

94:17

weighed

94:19

weight

245:14

245:20

246:4,4

256:7,21

257:1,4

257:8,10

257:11

welcome

263:17

274:18

well-b...

210:20

210:20

289:8

went 11:16

15:2

18:10

21:2

30:15

31:12

41:4

52:21

54:12,13

58:1

61:19,21

75:5

76:15

91:14

99:19

100:2

102:1,19

104:12

109:7,8

119:9

122:22

130:4,12

141:11

143:7

144:19

147:19

162:14

183:3

194:21

203:19

203:21

207:6

218:19

229:9,13

229:15

229:16

244:2

249:3

252:2,5

263:10

263:11

264:12

265:22

285:10

289:8

293:9

weren't

8:6 21:4

48:20

95:19

130:6,10

130:17

132:18

205:14

225:10

227:3

228:20

229:19

230:19

237:21

264:16

285:4

west 31:20

224:19

226:6

240:17

246:11

Wheel 2:7

wheeled

214:17

wheeling

214:20

wheels

214:14

214:16

whichever

20:10

white 25:7

236:7

wide-eyed

285:7

wife 1:3

247:2

willingly

135:7

wireless

37:9

38:1

wires

212:14

wishes

170:6

withdraw

61:16

163:21

188:2

189:14

274:13

274:15

276:16

277:8

witness

1:20 3:2

4:5,8

12:15

13:4

16:10

19:17

23:20

27:7,18

28:5

30:9

31:8

33:11

35:20

36:14

37:5,19

38:8,17

39:3,15

40:3,16

41:13

42:5,16

44:13

45:6,15

46:10,20

47:9

49:2,21

50:7

51:6

53:2,9

56:7,17

57:13

58:20

59:7,18

61:12

63:10

66:5,22

69:5

70:19

71:7

75:2

76:13,21

78:10,18

82:1,13

85:3,22

86:9

87:4

89:9,20

91:20

92:8

93:2

94:1

95:10,19

96:7

99:14

100:6,19

103:1

109:18

110:14

111:1

113:4

114:3,15

116:19

117:10

122:15

126:11

128:11

129:21

132:12

133:2

143:13

146:20

147:9

148:11

155:17

157:12

158:4

160:2,20

165:16

166:9,20

167:12

169:12

170:15

178:4

179:11

179:18

182:5

184:6,21

186:18

187:7,20

189:1

193:4

194:6

199:14

201:6

202:11

204:10

204:16

206:4

208:21

211:10

217:10

218:4

219:21

221:3

222:8,18

223:16

225:13

250:3

266:5

271:20

273:5

282:14

283:9

288:6,18

289:12

290:5

300:14

301:6,18

304:16

307:5

308:10

308:11

308:15

witness's

58:18

89:7

113:2

184:19

187:5

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 141 of 144 PageID #:2617
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

372

194:4

201:4

225:11

273:3

277:3

witnesses

6:10

women 79:5

word 5:20

10:4,6

30:5

38:5

75:10,14

110:4,5

116:14

143:21

163:4

175:4,10

175:19

183:20

183:21

184:22

228:6

280:3,14

285:19

285:21

word-o...

147:16

168:7

words 75:8

75:9,13

116:7,9

116:12

116:15

116:20

117:1,10

117:15

118:1,8

118:13

118:16

119:4

128:17

128:18

129:14

143:11

200:2

209:3

220:13

232:4

279:5,15

280:8

286:3,4

286:7,9

304:21

work 21:17

47:21,21

47:22

48:5

72:11

73:15

91:14

147:9

231:3

247:20

302:13

302:14

work-p...

287:1

worked

13:7

22:14

29:16

30:1

43:4,7,9

119:1

302:11

working

9:7

21:20,21

29:2,8

29:20

47:3

57:7

146:21

177:15

235:18

238:7

292:13

292:20

302:18

303:8

workings

49:4

72:17

148:12

works 26:3

worried

141:14

worth

280:5

wouldn't

215:3

246:15

write

236:7

244:1,2

247:13

writes

88:16

282:21

writing

114:22

written

8:8

17:12,14

17:15,16

241:1

wrong 5:21

10:6

235:8

269:21

wrote

150:1

241:3,20

256:2

276:3

281:14

X

X 3:1,6

260:4

X00-56...

257:15

258:9

X26 146:11

Y

Yamin 2:19

13:3

27:5,15

28:2

31:6

33:9

34:16

38:22

39:14

40:1

41:12

43:15

49:1

55:6,8

56:6

59:5

61:10,15

63:7

66:20

69:2

70:12

78:8,16

81:20

82:10

85:1,20

86:6

87:1

91:15,18

93:22

95:7,16

96:3

99:11

109:16

110:19

117:6

122:12

122:14

129:20

132:4,9

133:1

149:13

149:16

157:20

159:13

163:1,4

163:22

166:18

169:10

170:12

172:7

173:5

188:4

189:9

190:19

192:5,11

208:10

217:7

218:2

221:21

222:5,16

224:3

yeah 106:4

111:17

214:22

year 273:6

year-old

82:8,14

82:19,21

83:3

years 11:3

12:1,4

14:9,17

14:17

19:13

23:7

142:6

160:8

167:8

267:13

291:17

Z

zone 48:2

293:14

294:6

297:14

303:7

0

02-08-01A

173:18

02-08-02

176:5

197:18

03:21

35:15,22

084-00...

308:20

084-00...

2:2

1

1 88:10

91:9

175:14

175:16

227:14

227:20

228:16

228:21

269:6

309:6

1,001

139:9

1,002

139:9

1:00

100:21

10 3:15

48:20

100:16

133:22

145:14

145:16

293:14

294:6

297:14

301:12

303:7

10:30 1:18

22:4

292:14

292:16

292:21

293:4

1011 31:19

1011R

24:20

25:16

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 142 of 144 PageID #:2618
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

373

53:14,19

242:20

1033 42:12

42:22

43:1

45:10,10

47:5

50:10

51:2

58:8

62:13

66:1,8

82:15

105:12

1033R

42:22

49:9

50:17

51:7

66:9

72:13

76:22

81:14

83:6

87:13

92:8,8

300:18

106912 1:9

10th 12:8

13:7

19:12

25:1,20

26:8,10

27:12

29:21

42:13

46:22

48:12

51:21

52:6

149:1

225:1

242:20

244:4,11

262:13

288:13

290:22

291:3,11

302:11

11 3:16

145:14

149:9

150:19

151:10

11/10ths

54:5

112030210

41:22

11733 1:8

11820 1:7

12 3:17

145:14

158:17

158:19

161:14

269:9

12-C-5751

1:5

12,000

141:2

14123 1:8

145 3:15

149 3:16

14A 3:13

87:16

14B 3:12

73:3,4

84:21

183:2,2

183:4,7

183:13

297:21

14C 3:14

98:7

15 2:7

48:20

100:16

133:22

174:16

300:11

15-minute

300:17

301:12

15369 1:11

15777 1:9

158 3:17

15th 31:19

35:11

151:13

154:9

170 94:19

174 3:18

176 3:19

18 11:22

14:21

50:4

180 245:20

246:4

1811 1:11

194 1:12

1962 236:8

236:15

245:5

1992 73:18

1995 87:19

1A 40:17

41:1

44:7,14

44:20

46:15

2

2 155:9,10

175:13

180:22

191:5,9

197:21

20 3:18

174:16

184:15

2003 174:1

174:17

2009

152:21

2010

151:13

154:9

160:12

2011 21:17

22:15

23:17

26:20

27:13

29:14

30:21

43:13

75:6

88:2

146:14

147:19

226:12

240:4,14

291:20

293:3

294:22

295:4

299:16

2012

159:19

160:12

2013 1:18

270:3,4

308:17

309:17

20th

159:19

21 3:19

176:4

191:4

197:17

210 98:16

211 291:6

291:14

291:16

214 291:15

214/211

291:17

22 226:12

240:14

2227 2:10

224 3:20

225 78:22

242:15

246:4

22nd 21:16

22:15

23:1,17

24:6

26:20

29:14

30:20

35:14

43:5,13

54:21

75:6

88:2

147:19

240:3

291:20

293:2

294:22

295:4

299:16

240 3:21

2451 35:2

38:14

55:1

58:13

61:19,21

62:4,15

62:17

246:6,12

246:19

247:6

25th 62:7

62:12,13

86:5

105:4

224:19

225:7,9

226:6

240:18

246:11

268 3:22

27 87:19

27496 1:10

290,304

3:5

299 3:4

2A 298:3

2B 3:9

34:19

40:11

42:7

44:6

73:21

82:20

175:7

176:16

184:10

297:4

2C 3:11

45:17

48:16

72:10

82:14

297:4,8

2G 3:10

43:19

44:19

297:4

3

3 156:20

191:5

197:21

270:14

3:21 35:15

41:5

3:27 36:11

36:15

3:39 48:8

48:16

49:6

50:4,9

50:22

3:41 50:22

51:7

55:11,12

3:42 54:4

54:5,16

3:46 148:5

3:54

226:12

226:17

226:18

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 143 of 144 PageID #:2619
Stevan Vidljinovic

September 4, 2013

630.653.1622

County Court Reporters, Inc.

374

227:8

240:14

30 2:14,19

217:12

247:14

300 160:8

160:12

301 184:15

3038

224:19

226:6

240:17

246:11

305 3:4

307 309:6

31 270:4

31st 270:2

34 3:9

3477 1:10

36 240:4

36/l00ths

240:5

4

4 3:4 90:8

90:9

191:5

286:19

4:38

147:20

4:52 240:4

40 48:1,7

82:7,13

82:18,20

83:3

40-year

37:9

38:13

44:7

4051 1:6

41 48:1,6

49:6

428 2:8

43 3:10

45 3:11

246:3,5

4551 61:8

4th 1:18

5

5 270:15

275:9

5'6 245:19

245:21

5'7 78:14

78:19

95:1

50/1 98:16

51 3:22

268:8,9

268:19

5174 1:6

6

6 3:20

94:15,22

192:10

224:2,9

6'2 78:5

94:12

242:15

245:21

6:00 22:4

33:3,13

292:15

292:21

6:30 33:6

60164 2:10

60521 2:8

60602 2:15

2:20

60623

240:18

246:7

7

7 3:21

192:10

230:11

239:19

7:30 22:5

292:17

292:21

73 3:12

7th 308:16

8

8 236:8,15

245:4

286:19

87 3:13

48:5

72:10

9

9:00 22:4

292:20

293:3,5

9:30 32:21

32:22

33:1,6

292:14

292:15

293:10

90-degree

107:4

900 2:15

2:20

911 34:2

35:13

293:20

294:1,4

294:4,10

9359 37:9

38:4

98 3:14

Case: 1:12-cv-05751 Document #: 132-4 Filed: 02/10/16 Page 144 of 144 PageID #:2620