1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

RICHARD MARSHALL, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. 2:06-cv-701-ID-CSC 

 ) 

CHRIS WEST, in his individual capacity, ) 

LASHUN HUTSON, in his individual ) 

capacity, ) 

 ) 

 Defendants. ) 

DEFENDANT’S EVIDENTIARY SUBMISSIONS IN SUPPORT 

OF HIS MOTION FOR SUMMARY JUDGMENT

 COMES NOW Lowndes County, Alabama, Deputy Sheriff Chris West, a Defendant in 

the above-styled cause, and submits the following Evidentiary Materials in support of his 

contemporaneously filed Motion for Summary Judgment: 

Exhibit Description

A Deposition of Chris West 

B Declaration of Chris West 

C Deposition of Lashun Hutson 

D Plaintiff’s Responses to Defendants’ Requests for Admission 

E Deposition of Richard Marshall 

F Drug Task Force Case File for Case No: 05-06-011, “Case File”, 

Alabama Uniform Incident/Offense Report 

G Case File, 2nd Judicial Drug Task Force Drug Agent Statement Form 

of Lt. West 

H Case File, 2nd Judicial Drug Task Force Drug Agent Statement Form 

of Agent Hutson 

Case 2:06-cv-00701-ID-CSC Document 33 Filed 02/12/2008 Page 1 of 2
2

Exhibit Description

I Case File, Interview Sheet of Kelvin Carmichael 

J Case File, Warrant Deposition 

K Case File, Documents submitted to and received from BATFE 

L The remainder of the case file not identified as a separate exhibit 

M Case File, Courtesy Warning 

Respectfully submitted this the 12th day of February, 2008. 

s/Gary L. Willford, Jr. 

DARYL L. MASTERS Bar No. MAS018 

GARY L. WILLFORD, JR. – Bar No. WIL198 

Attorneys for Defendant Chris West 

WEBB & ELEY, P.C. 

7475 Halcyon Pointe Drive (36117) 

P.O. Box 240909 

Montgomery, Alabama 36124 

Telephone: (334) 262-1850 

Fax: (334) 262-1889 

E-mail: gwillford@webbeley.com

CERTIFICATE OF SERVICE

 I hereby certify that on February 12, 2008, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such filing to the 

following: Jay Lewis, Esq., Rick Howard, Esq.

 s/Gary L. Willford, Jr. 

 OF COUNSEL 

Case 2:06-cv-00701-ID-CSC Document 33 Filed 02/12/2008 Page 2 of 2
EXHIBIT A

Deposition of Chris West

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 1 of 19
DEPOSITION OF CHRISTOPHER \ryEST

January 21r 2008

Pages L through 64

PREPARBD BY:

Haislip, Ragan, Greeno Starkie & Watson, P.C.

566 South Perry Street

#ä:i:ï:tr#,,n

Phone: (334) 263-4455

Fax: (334) 263-9167

E-mail : haislipr ngan@charter.net

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 2 of 19
Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 3 of 19
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IN THE I.INITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

zuCHARD MARSIIALL,

Plaintifl

VS. CIVILACTIONNO.

2:06-cv-701-ID.CSC

CI{RIS WEST, in his individual

capacity, LASHUN HUTSON, in his

individual capacity,

Defendants.

**{<**i<{< (** <

DEPOSITION OF CHRISTOPHER WEST, taKen

pursuant to stipulation and agreement before Tracye

Sadler Blackwell, Certified Court Reporter and

Commissioner for the State of Alabama at Large, in

the Law Offices of Webb & Eley, 7475 Halcyon Pointe

Drive, Montgomery, Alabama, on January 21,2008,

commencing at approximately 9:10 a.m.

{<t<{<**{<*t t ****

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EXAMINATION INDEX

BY MR. LEWIS 5

PLAINTIFF'S EXHIBITS

Evidence Submission/Analysis Forms

Courtesy Warning 46

Deposition 47

Complaint and Warrant 5l

Alabama Uniform Incident/Offense Report

ó-28-05 Statement Form of Christopher

West

*:*,*:Ë:trß**¡f***

STIPULATIONS

It is hereby stipulated and agreed by and

between counsel representing the parties that the

deposition of CHRISTOPHER WEST is taken pursuanr to

the Federal Rules ofCivil Procedure and that said

deposition may be taken before Tracye Sadler

Blackwell, Certified Court Reporter and

Commissioner for the State of Alabama atLarge,

without the formality of a commission, that

Page

APPEARANCES

ON BEHALF OFTHE PLAINTIFF:

Mr. Jay Lewis

Law Offices of Jay Lewis

Attomey at Law

847 South McDonough Street

Montgomery, Alabama

ON BEHALF OF THE DEFENDANTS:

Mr. Daryl L. Masters

WEBB & ELEY, P,C.

Attorneys at Law

7 47 5 Halcyon P ointe Drive

Montgomery, AL 36117

Mr. Rick A. Howard

NIX, HOLTSFORD, CILLILAND, HIOGINS & HITSON

Attomeys at Law

Suite 300

4001 Carmichael Road

Montgomery, AL 36106

ALSO PRESENT:

Mr. Lashun Hutson

,t***********

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objections to questions other than objections as to

the form of the question need not be made at this

time but may be reserved for a ruling at such time

as the said deposition may be offered in evidence

or used for any other purpose by either parly

provided for by the Statute.

It is further stipulated and agreed by and

between counsel representing the parties in this

case that the filing of said deposition is hereby

waived and may be introduced at the trial of this

case or used in any other manner by either party

hereto provided for by the Statute regardless of

the waiving of the filing of the same.

It is further stipulated and agreed by and

between the parties hereto and the \r/itness that the

signature of the witness to this deposition is 

I

hereby waived. I

{<{<*** *{<**

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Deposition of ClUìstopher West Marshall vs. West; Hutson January 21,2008

I (Pages I to 4)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 4 of 19
)n of Christopher West Marshall vs. West; Hutson January 21,2008

Page 5

THE COURT REPORTER: Usual

stipulations?

MR. MASTERS: Yes.

MR. LEMS: Yes.

CHRISTOPHER WEST

The witness, after having first been duly sworn

r speak the truth, the whole truth, and nothing

ut the truth, testified as follows:

EXAMINATION

Y MR. LEWIS:

). Tell us your name, please.

\. Christopher Stewart West.

). And how are you employed, Mr. West?

\. By the Lowndes County Sheriffs Depaftment.

). And how long have you been employed by the

Lowndes County Sheriff s Department?

\. About lI,12 years, I think.

). And what's yourposition with Lowndes

County Sheriff s Department?

\. I'm a deputy sheriff.

). Do you hold any particular rank as a deputy

sheriffl

r.. I'm a lieutenant.

l. How many people are employed in the Lowndes

County Sheriffs Office? And by that I

mean people who are in law enforcement as

opposed to jail work.

.. Betwedn 10 and 12 deputies,I think.

l. And what is your particularjob as

lieutenant? Do you have any particular

responsibility in that position?

.. Yes, sir. I'm drug task force commander.

). And help me understand the drug task force

because there's always some confusion about

whether it's a legal entity, whether it has

its own personnel practices, whether it has

its own policies. Tell me, if you will,

what the 2nd Judicial Drug Task Force is.

MR. MASTERS: Object to the form.

Go ahead and answer as best as

you can, Chris.

.. The drug task force is a task force that's

made up of several agencies. We're funded

by the Departrnent of Justice through the

Alabama Department of Economic and

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PageT

Community Affairs through a grant. There

are several law enforcement agencies,

including district attorney's office,

within our three-county circuit.

Each year an agency - all the agencies

are allowed to place an agent or an officer

on the drug task force. Some agencies

choose to participate. Most don't because

of funding issues. Currently there's the

Lowndes County Sheriffs Office, the

Hayneville Police Department, and the

district attorney's office that are

participating on the drug task force as

part of the grant.

Okay- So those three agencies make up the

drug task force?

Yes, sir.

Are there federal agents assigned to that?

No, sir.

But your salary continues to come from the

Lowndes County Sheriffs Office?

That's correct.

And the Lowndes County Sheriffs Office in

Page 8

turn receives a grant to cover your

activity with the drug task force?

The Lowndes County Commission does, not the

sheriffls office.

Does the Lowndes County -- does the drug

task force have a separate policies and

procedures manual for you to follow?

Yes, sir, we do.

And are thq policies and procedures in that

promulgated by the Departrnent of Justice or

by some individual agency or the task force

as a group?

A board of directors that form up the drug

task force. We have a board of directors

that meet periodically, and if new rules or

guidelines need to be established, then the

board members will collectively make a

decision on how to establish that.

Okay. And do those guidelines include

tactical operations, the way you perform

your duties, the dayto-day activities in

which you're involved?

Yes, sir.

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a. Does the Lowndes County Sheriffs Office

have its own set of rules and regulations

for you to go by?

A. Yes.

a. And who puts those out?

A. The sheriff.

a. Have you discovered any conflicts between

the sheriffs guidelines and policies and

those ofthe drug task force?

A. No, sir.

a. So they're pretty much consistent?

A. Yes, sir.

a. Let me get a little personal information on

you. What's your address?

A. Physical or mailing?

a. Physical.

A. 235 -- no. 2I4 Norman Drive, Fort Deposit.

a. Okay. 214 Norman Drive?

A. Yes.

a. And what's your educational background?

A. I graduated high school, currently in

college.

a. And where are you in college?

Page ll

A. Yes, sir.

a. Tell me about those.

A. It's just a --

a. And I don't want the two-day seminars and

stuff like that.

A. Yeah. There'sjust numerous ...

a. Okay. Have you been to the FBI Academy?

A. Yes, sir.

a. How long a course was that?

A. Ten weeks.

MR. HOWARD: Can we take a second?

MR. LEWIS: Sure.

(A brief recess was taken.)

a. (Mr. Lewis continuing:) Have you had any

other training courses that have been six

weeks or longer?

A. No, sir, I don't believe so.

a. Have you been to any law enforcement

advanced driving academies?

A. No, sir.

a. Let me call your attention to June 28th,

2005. And I'll represent to you that's the

date that everybody agrees that the

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A. Herzing in Birmingham.

a. Where?

A. Herzing. Herzing College in Birmingham.

a. Herzing?

A. Yes, sir.

a. What sort of school is that?

A. It's a private school.

a. And you're looking for a four-year degree

from there?

A. Yes, sir.

a. lVhat year are you at Heruing?

A. My final year.

a. And what's your major?

A. Homeland security and public safety.

a. When did you graduate from high school?

A. In'86.

a. Have you had any additional training since

1986 other than what you're getting at

Herzing College? 

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A. In regards to ... I

a. Your position, your job -- |

A. Yes, sir.

a. -- criminal justice, that sort of thing. 

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Page 12

incident with Mr. Marshall about which

we're here today occurred. IVhat had you

been doing that entire day?

At my office. Got up out of bed that

morning and went to work.

Okay. What projects were you working on

that day?

I don't remember.

Okay. Do you remember when you left your

office? \:

No, sir, not exactly.

Okay. At some point that day did you hook

up with Mr. Hutson?

Yes, sir.

At what point did you do that?

I don't really remember. He may have -- we

may have been in the office together that

morning and discussed Mr. Marshall, or I

may have picked him up at another

location. I just don't remember. 

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When you say you might have picked him up, 

I

do you recall who was driving? |

I was driving. I

Deposition of Christopher West Marshall vs. TVest; Hutson January 21,2008

3 (Pages 9 to 12)

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a. Do you recall what you were driving?

A. Yes, sir.

a. What were you driving?

A. A Lincoln.

a. What model?

A. Town Car.

a. What year? Do you remember?

A. No, sir, I don't remember.

a. And why were you driving a Lincoln Town

Car?

A. I don't remember exactly why we were

driving the Lincoln that day.

a. Was that Lincoln a vehicle that had been

conflrscated?

A. Yes, sir.

a. And had there been a condemnation 

I

proceeding as to that Lincoln? I

A. Yes, sir.

a. And it had been condemned and your office 

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had it? I

A. Yes, sir. 

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a. Why were you discussing Mr. Marshall that 

I day? I

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I Z could consider it a dirt road. It's more

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| 4 kind of went up a hill and then it took a

| 5 right right in front of the mobile home

6 where he was living at at the time. And as

7 it went on past his house, I guess maybe

8 less than a hundred yards or so it kind of

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l1 considered -- if it has a name. It could

12 be a private drive.

13 a. All right. Did you know Mr. Marshall prior

14 to this time?

-15--4. No, sir.

16 a. Had you had any law enforcement contact

17 with Mr. Marshall prior to this time?

18 A. Never met him. Never seen him before.

19 a. Had you received any prior information

20 about Mr. Marshall prior to that time? 

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2l A. Yes, sir. I

22 a. And what information had you received? I

23 A. The same information in reference to drug 

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Page 14

I had received information that

Mr. Marshall was selling dope at his

residence, selling illegal drugs at his

residence.

Where did you get that information?

I don't remember.

Did you make any notes of where you got

that information from?

I may have.

V/ould you have preserved those notes?

No, sir.

Did your information indicate what sort of

drugs he was supposed to be selling?

Crack cocaine and marijuana.

And based on that information what, if

anything, did you do?

We drove out to Mr. Marshall's residence to

do a knock-and-talk and to just discuss

with him the information that we had I

received. I

And where'ü/as Mr. Marshall's residence? I

Just off Highway 2I on a little dirt road. 

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activity.

When you got to his house, what, if

anything, did you do?

I believe that we knocked on the door and

no one came to the door. We got back in

our vehicles and -- or got back in our

vehicle and left the residence. Agent

Hutson had some information about another

place that was, I think -- I think it's

referred to as the Casey community. It's

kind of in that area. It's not in the

exact same area, but it's in that part of

the county. And when we were leaving

Mr. Marshall's residence, we were going to

go to this home down in the Casey

community.

And what information did you have about the

Casey community that led you to go down 

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there? 

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Agent Hutson had that. I'm not exactly -- |

I'm not exactly sure. 

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Yei, sir. I

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Deposition of Christopher West Marshall vs. West; Hutson January 21,2008

4 (Pages 13 to 16)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 7 of 19
a.

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Did you know what kind of car Mr. Marshal

was likely to be driving?

Yes, sir.

And what were you on the lookout for?

A blue Chevy Nova, older - older -- older

type vehicle.

And just so I'm clear, you did not -- you

do not recall today how you received the

information about Mr. Marshall allegedly

selling drugs?

No, sir. It could have been someone we

interviewed and I just made a note on

some -- a small Post-it, or it could have

been a phone call. I know we received it

on more than one occasion.

And when you received that information, do

you have a present sense ofwhether or not

you believed that information to be

reliable?

If -- if it was a source that was a

reliable source and the time frame allowed,

I would have obtained a search warrant for

his residence. But we're doing a

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direction we were coming from, you have to

go down County Road 7. Because we were on

21. lmean, he -- where he lives is just

off 21.

Right.

So if you're coming back toward Hayneville

from Mr. Marshall's residence, you take a

left on County Road 7.

And prior to your encountering Mr. Marshall

had you taken that left?

Yes, sir.

So you were on County Road 7 atthattime?

That's right.

What, if anything, happened then?

We met Mr. Marshall's vehicle, and I * I

said, well, that's his vehicle right

there. We turned around and got behind his 

I vehicle. I

Okay. And what then? I

Mr. Marshall didn't have on a seatbelt. I I

observed that he didn't have on a I

seatbelt. And we've got a blue-and-white 

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warning light that is powered -- it's a I

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Page 18

knock-and-talk, so maybe -- it could have

been a reliable informant that just knew

that activity was going on and just

referred it to me and we went out to do the

knock-and-talk. If it was reliable, we

would obtain -- I mean, if it was reliable

and within the time frame allowed, we would

have gotten a search warrant.

Okay. So the fact that you didn't get a

search warrant would seem to indicate that

it was not the sort of information that you

would have taken to a judge at that time;

correct?

That's correct. Not at that time.

All right. So you're on your way to the

Casey community. How do you get to the

Casey community from where Mr. Marshall's

residence is?

You know, I'm not exactly sure because I

don't think I've ever been there before.

But, now, Agent Hutson is familiar with it.

Okay.

But I know it's -- you got to - in the I

A.

a.

A.

a.

Page 20

l2-voltpower that you plug into the

cigarette lighter. And I placed it on the

dash of the vehicle and activated that

light behind his vehicle.

a. What did Mr. Marshall do in response to

that?

A. Kept driving.

a. How fast were you going at the time you

first activated this light?

A. I don't -- I don't recall. \

a. V/ell, would you consider it an excessive

rate of - without regard to miles per

hour, an excessive rate ofspeed, an

ordinary rate of speed, a slow rate of

speed?

A. An ordinary rate. It wasn't exceeding the

speed limit.

a. And your position is that Mr. Marshall - I

that you activated this light? I

That's correct.

And the light was working at the time?

Yes, sir.

And there were blue-and-white strobes or

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Deposition of Christopher West Marshall vs. West; Hutson January 21,2008

5 (Pages l'Ì to 20)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 8 of 19
rn of Chdstopher West Marshall vs. West; Hutson January 21,2008

\.

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Page2l

flashes coming off the light? \. That's correct.

l. All right. So Mr. Marshall kept on

driving?

\. That's right.

l. What did you do then? \. Blew the horn, flashed the headlights, and

even at one point pulled alongside his

vehicle.

l. What color was this Lincoln Town Car you

were in? \. It's kind of a bluisl/aquamarine type

color.

l. Doesn't look much like a police car though? \. No.

). So you blew the horn, and Mr. Marshall just

continued to keep driving; right?

Yes, sir.

You say you pulled up alongside him. Tell

me about that.

\. We pulled alongside the vehicle. And, like

I said, it -- he's got an older car. It

doesn't run that fast. Pulled alongside

Page22

the vehicle. Our windows are down. I

think Agent Hutson holds up his badge. And

it's a pretty good -- it's a pretty good

size badge. It's round and it has a

leather cover around it. It's a gold badge

with a black background. And he holds it

up. I mean, wefre probably as close from

me to you. And he holds up the badge and

says pull over. And Mr. Marshall iq

yelling and cussing, and he's very -- has a

very defensive appearance about himself.

And so Agent Hutson is holding up the

badge. And then at one point we even

removed the light from the dash and we've

got the badge in one hand and the light in

the other saying pull over. And he's

looking, I mean, directly at us. And he

says, you know, fuck y'all or something to

that nature, you know, I'm not pulling

over, you know. And so he keeps on going.

And so we pull -- you know, we back off and

pull back in behind the vehicle just

following behind him.

Page23

1 Q. At some point you're -- setting the scene

2 here, you have turned onto Highway 7. You

3 meet him. He's coming toward you?

4 A. That's comect.

5 Q. You tum around and you're going back,

6 what, south on Highway 7 approximately?

7 A. Yeah.

8 Q. Back toward Highway 2l?

9 A. That's correct.

l0 a. And when I say Highway 7, I mean County

ll Road 7.

12 A. That's right.

13 a. Heading back toward Highway 21?

14 A. Uh-huh (positive response).

15 a. What, if anything, happened when you hit

16 Highway 2l?

l7 A. He speeds up a little bit. It's a little

l8 wider highway than the county road.

19 a. Did he turn onto Highway 21?

20 A. Yes, he did.

2l a. Which direction did he turn?

22 A. Going toward his residence, away from

23 Hayneville toward Wilcox County.

Page24

And less than maybe 50 to 75 yards he

throws something out the window that

actually hits us in the windshield, a

plastic baggy. I seen enough of those in

my years. I know what a plastic baggy

looks like. It hits us and just kind of

flies off to the side. So I'm making

mental notes to try to remember where this

evidence or whatever came out of the

window.

And he côntinues to go in the direction

of Wilcox County. So we pull up beside him

again, you know, hey, pull over. We got

the badge just like this right here and the

light, you know, pull over. And he's just

yelling and cussing, you know, fuck you

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all, I'm not doing it, I'm not pulling

over, you know.

And so we back off. And I tell Shun, I

says, hold on. Because he's moving around

in his seat. There's -- you know, he's

like looking down. He's -- there's a lot

of movement going on in the seat with him.

ll to 24)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 9 of 19
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Page 25

And I tell Shun, I says, you know, you hold

on because something is going on here.

And so I bump his vehicle a couple of

times thinking that that will, you know,

make him pull over, but he still -- you

know, he's yelling and he's - and he sees

us. I mean, he's looking in the mirror.

He sees us back -- he sees the blue light.

And so he ducked, and then I just kind

of, you know, pushed his bumper a little

bit. And his vehicle swerves and comes up

on this side of the road. Never harm

anything. I don't even think it hurt the

grass. And he came to rest in the

vehicle. The vehicle came to rest up on

the embankment. And I believe I backed up

because I took a position -- a defensive

position -- his vehicle -- if my wrist is

the front of his vehicle, then the nose of 

]

my vehicle took a position like - at an I

angle like this. 'ù¡!rv¡¡ ¡¡Ãv -- ar .rt 

I

And we opened our doors with our l

weapons drawn behind our -- behind the I

Page27

a. I understand --

MR. MASTERS: Object to the form

of the previous question.

Just listen to his questions

and answer his questions.

THE WITNESS: Okay. I'm sorry.

a. The question -- the cars would have been

approximately four to five feet apart?

A. Yes, sir.

a. And when you say you pulled alongside him,

I'm assuming that you mean that your car's

passenger's side was next to his car's

driver's side?

A. Yes, sir.

a. An$lo_glarify what you said about how you 

i

stoppe-d: I

MR. MASTERS: Excuse me. Object 

I

to the form of theprevious 

I

question. 

I

Did you hear the 

I

question, Chris? Which side I

was closest to which? I

THE WITNESS: Shun's side was I

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Page26

doors. And I said to him * I said, get

out ofyour vehicle and get on the ground.

And he just sat there cussing and just

sweating, and his eyes were red. It was a

bad situation.

Let's go backjust a little bit. Earlier

you had said that when you pulled up next

to him you were as close as you were to

me --

Yeah.

-- right now. And I estimate that distance

to be about four to five feet. Would that

be accurate?

Or maþe further. Something like that. I

mean, I could see his face and I'm

driving. And Shun is even closer than I

am. But I'm driving. There's nothing else ]

on the road. And I'm looking him in his I

face and he's looking at us. And he sees I

the light and the badge is just like this. ]

And, like I say, ifs a gold badge with a I

black background and a blue-and-white 

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strobe just flashing. 

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Page28

closest to his driver's side.

MR. MASTERS: So your car's

passenger's side was close to

his car's driver's side?

THE WITNESS: That's right.

MR. MASTERS: I think you said the

opposite, Jay. I may be

mistaken.

MR. LEWIS: Well, I'll -- we'll go

ùith the fact that his car --

that Mr. Wesfs car's

passenger's side was next to 

I

Mr. Marshall's driver's side. I

MR. MASTERS: I maybe mistaken, 

I

but I thought you said the 

I

opposite. 

I

MR..LEWIS: That's frne. I

But to clarify, you didn't pull over to the I

right to get up next to his car. You I

pulled to the left? I

Yeah. I pulled as if I was passing his lt car. I

Right. Okay. And this is a two-lane li

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Deposition of Christopher West Marshall vs. West; Hutson January 21,2008

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Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 10 of 19
rn of Christopher West Marshall vs. West; Hutson January 21,2008

Page29

highway?

t. Yes, sir.

l. Are you familiar with what a PIT is? \. Yes, sir.

l. What is a PIT? \. It's a -- what's referred to as PIT

maneuver.

l. And that's a precision intervention

technique or precision interdiction

technique?

\. Yes, sir.

l. And is that what you performed on

Mr. Marshall's car? \. Yes, sir.

l. And to clarify*-.correct me if I'm

wrong -- that's a procedure by which you

pull up next to the car with your front

fender next to his rear fender and then

slow down and simultaneously turn into his

car bumping it into a turn; correct? \. Something of that nature.

l. And that's pretty much what you did on that

occasion?

Page 30

\. Yes, sir.

l. And his car came to rest off the road;

correct?

\. Yes, sir.

). Based on what you said.

And did it come to rest facing back in

the direction from what you had come? \. Yes, sir.

). So instead of goingtoward Wilcox County,

it is now headed away from V/ilcox County in

the grass?

\. That's correct.

). On the opposite side of the road? \. Yes, sir.

). You then backed up and angled your car

toward his carjust off the road? \. That's correct. :'

). Okay. I think we've got the scene set.

And you indicated that youjumped out

of the car and Mr. Hutson jumped out of the

car, weapons drawn, and yelled at

Mr. Marshall to get out of the car? \. That's correct.

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a. And what, if anything, was Mr. Marshall

saying to you at the time?

A. Cursing.

a. Okay. Have any recollection of the

specific language he was using?

A. Fuck y'all, why y'all ñrcking with me,

things of that nature.

a. Going back to when you say he threw abaggy

out of the car and hit your car. In what

way did he -- I mean, tell me what you saw

as that bagry came out of the car.

A. I saw his ann go up and the bag come out.

Like I said, we could see him moving around

in the car.

a. And you made note of where that baggy had

gone offthe road?

A. Yes, sir.

a. You've got him in the car. Did he have a

passenger with him?

A. Yes, sir.

a. And what did the passenger do, if

anything?

A. Nothing really.

Page32

a. Just sat there?

A. Yes, sir.

a. Did you hear the passenger cursing?

A. No, sir.

a. And Mr. Marshall's window, was it up or

down?

A. Down.

a. What's the next thing that happened?

I know I sound like a prosecutor, but

what happened then?

A. Mr. Marshall: he got out of his car. He

was standing -- he had the door open and

was standing between the car and the door.

And he's yelling and cussing. And I tell

him several times to get on the ground. He

will not comply. And several more times I

say get on the ground, get on the ground

now. He won't comply. And I fired my

weapon in the ground, I guess, some

seven -- six to eight feet out from him

into the ground.

At that point he was shocked that that

even happened. I could see the appearance

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Page 33

on his face. That's.'when I left from

behind my door, my weapon still pointed at

him -- or my weapon pointed at him, and as

I approached him, I grabbed him. I don't

remember where I grabbed him, but I know I

grabbed him and I put him on the ground.

And he -- he was very resistant.

But he was cussing and just combative.

Not very combative, but just not wanting to

comply at all. But I was able to get my

handcufß out and put the handcuffs on

him. And I think Agent Hutson got the

passenger out and placed the handcufß on

him.

I left him there on the ground after I

got him handcuffed and looked into the

vehicle. On the driver's seat right there

in the middle was a.357 Magnum. And in

the ashtray was .357 rounds. There was

some rounds in the floorboard and might

have been some loose rounds in the seat.

But I know the gun was loaded. And there

was a -- like a liquor flask there in the

Page 35.

unit. The marked unit comes out and

transports them. I take some photos. And

that's pretty much the gist of it.

a. Going back to when you had him on the

ground and were doing the search of the

vehicle. Did you also do a search of him,

did you say?

A. I patted him, patted his pockets to see if

he had any rweapons or anything in his

pockets.

Did you remove a wallet?

I may have. I don'tremember.

Did you remove any money from him?

I may have.

If you removed any money from him, did you

turn in all of the money you removed from

him?

Yes, sir.

Tumed it in to whom?

The jail.

Okay. Anything else you turned in to the

jail other than possibly money?

No, sir.

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Page 34

seat and, I think, a pack of Swisher Sweet

cigars, apartial pack or something.

I get him -- after I see this stuff

right here, I'm -- I pat him down. And I

think -- when I -- when I'm trying to get

him - when I get him to the ground, he's

got these big - real big shorts on that

are the bagging shorts. So they basically

come off of him. He doesn't have on a belt

or anything. And so cars are coming by and

he's there in his underwear. So I'm trying

to get him to get into the back seat of the

car, basically trying to save him from some

humiliation because he's standing there in

his boxers, so -- but he won't comply. He

just won't do nothing I'm asking him. So

eventually I get him pushed into the back

seat because, like I say, traffic is coming

by.

And the other guy, I think Agent Hutson

sits him over on the embankment. He's

cool. He's not saying anything. He's not

resisting in any manner. I call a marked

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Page36

Okay.

If he didn't have any weapons --

MR. MASTERS: Chris, just answer

his question.

THE WITNESS: Okay.

Well, what would have been your normal

procedure for dealing with confiscated

properly?

If he didn't have any weapons, normally I

would leave it in his pockets because the

jail is going to pick that stuff up when he

gets there anyway.

Do you recall whether you did that in this

case or not?

No, sir.

What did you do then after he was trans --

let me go back.

You said that you called for a marked

unit?

Yes, sir.

And did a marked unit arrive?

Yes, sir.

From what jurisdiction was that marked

1Q.

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Deposition of Christopher West Marshall vs. West; Hutson January 21,2008

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Page37

unit?

A. Lowndes County.

a. And do you recall who was in that marked

unit?

A. Yes, sir.

a. Who was that?

A. Deputy Phil Harding.

a. And what did Deputy Phil Harding do when he

got on the scene?

A. Took Mr. Marshall and put him in the back

seat of his vehicle.

a. By that time had Mr. Marshall calmed down?

A. No, sir.

a. Sdll combative?

-fr." 

..]r{s, sir, not combative. Just still ...

a. Hostile?

A. Yes, sir.

a. But you didn't have to -- nobody had to

fight him to get him in the patrol car?

A. I don't recall, no, sir.

a. And did the patrol car then leave with

Mr. Marshall?

A. Yes, sir.

Page 39

Mr. Hutson who did the paperwork and the

deposition and got the charge --

I think it was me. I think.

And the only reason I ask that is I

couldn't read the signatures.

Okay.

And tell me about the interview you had

with Mr. Marshall.

He was calm. We talked just like you and I

are talking now. And I asked him for a

statement, and he says, I -- he didn't want

to give me a statement. And so I told him

I understood, and that was the end of it.

Any sense of how long that interview took?

20,30 minutes, something like that.

Going back to the time that Mr. Marshall

was transported in the deputy's patrol

car. What did you do after that, after

Mr. Marshall had been taken away?

We -- we actually all left together. I

think Agent Hutson drove Mr. Marshall's car

because it was still fine. And I drove the

Lincoln. Phil Harding came on the marked

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Page 38

a. What happened to the passenger?

A. He rode with me.

a. And did you have any trouble out of him at

all?

A. No, sir.

a. Do you recall who he was?

A. What's that boy's last name?

I know, but I can't remember right now.

Q. Had you had any contact with him before?

A. No, sir.

a. Didn't know him?

A. No, sir.

a. When's the next time you saw Mr. Marshall?

A. I went to interview him a few days later.

a. At that time had he been charged with

anything?

A. - Yes, sir.

a. And do you recall how long he was held

before he was charged?

A. He was charged the day that I arrested him.

a. And you signed a wanant on him?

A. Yes, sir.

a. Do you recall whether it was you or

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Page 40

unit. He had Mr. Marshall. His --

Mr. Marshall's cousin was with me. And

Shun drove the Nova.

I think we may have stopped alongside

the road looking for the evidence or the

bagthatwas thrown out. And I think Phil

pulled over too. And I think when he

pulled over he caught a nail in his tire,

and so he had -- he sprung a leak in his

tire. So we were maybe a mile -- less than

a mile from Howard Hooks' store. So Phil

drove his car up to Howard Hooks' store. I

went up with him while he changed the tire,

and Shun took the Nova on back to the jail.

When you pulled over to the side of the

road, did you retrieve anything?

I don't remember whether we did at that

time or not. I think we went back and

later retrieved it. I don't remember.

Maybe we did. I don't remember exactly.

What did you retrieve?

A baggy containing residue.

And what did you do with that baggy?

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Page 4l

A. I sent it to forensics.

a. Tell me about how you, quote, sent it to

forensics.

A. I bagged it up in a brown paper bag because

we were seeking a fingerprint analysis. I

labeled it to get - for fingerprint

analysis. The fìngerprint analysts weren't

able to recover any fïngerprints off of

it. Once I received it from fïngerprint

analysis, I sent it to forensics, to drug

analysis, and they weren't able to

determine because there was just not enough

residue in the bag.

So I got both ofthose back, and they

were just both - both of the results. And

there was --

a. There was sufficient residue for you to see

that there was residue?

A. Yes, sir.

a. And yet it was not sufficient for forensics

to make a determination?

A. That's correct.

a. And you received a report back from

Page43

And the following page?

It's the evidence submission form for

latent prints.

And the following page?

It's the -- it's just a copy of the same

form.

And down at the bottom it would indicate --

it would seem to indicate that the chain of

custody as to the page we're on was not as

complete as the previous page?

Say what, now?

The previous page of the fingerprint

examination request seems to show a full

chain of custody down at the bottom. In

other words, it shows it was received by,

returned to, and then returned by.

Oh, okay.

And there's three signahrres. And the next

page seems to just be the original

submission.

You mean the final page?

No, no.

Oh, okay.

a.

A.

a.

A.

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a.

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a.

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Page42

forensics?

A. Yes, sir.

a. Let me show you what we will mark as

Plaintiffs Exhibit Number 1.

(Plaintiffs Exhibit I was marked

for identification.)

a. I'm showing you what we've marked as

Plaintiffs Exhibit Number I and ask vou if

you recognizethat.

Yes, sir. \

And what is that, please?

It's an evidence submission form.

And that's page 1?

That's the submission form.

Okay. Let's go to page 2. Whatis that?

That's the receipt of submission from

forensic sciences. :,

And that's done in order to preserve what

we call the chain of custody?

Yes, sir.

What is the next page?

This is the certificate of analysis from

forensic sciences.

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Page 44

a. Okay.

A. So are you saying that this guy, Shannon

Fitzgerald, received it from me and then on

this page right here is the one where the

actual examination took place?

a. Right.

A. Okay.

a. Is that pretty much the way it looks to

you?

A. That's the way it appears.

a. Okay. And then let's go to the lastpage.

What is that?

A. This is the -- I guess the findings from

the examination.

a. Ail right. Let's go back to this third,

fourth -- yeú, the third page, the

certificate of analysis.

A. Yeah.

a. What was the result of that analysis as far

as you can tell?

A. That the analysis of the residue failed to

reveal thepresence ofany controlled 

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Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 14 of 19
Deposition of Christopher lVest Marshall vs. West; Hutson January 21,2008

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Page 45

So they were able to perform an analysis?

Yes, sir.

But simply couldn't find any controlled

substance?

Couldn't find any controlled substance.

And the last page, which is the report of

the fingerprint analysis, what was the

finding there?

No latent prints of value were found on the

evidence.

Okay. But Mr. Marshall was.in fact charged

with possession of controlled substance?

That's correct.

'Was he charged with anything else?

I don't remember. Pistol without a permit,

I think.

Had you seen thatpistol in Mr. Marshall's

possession prior to the time you executed

the PIT maneuver?

No, sir.

(Plaintiffs Exhibit 2 was marked

for identifïcation.)

Let me show you what's marked as

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Page47

Let me show you what I've marked as

Plaintiffs Exhibit Number 3 and see if you

recognize that.

Yes, sir.

IVhat is that?

It's a deposition.

And what is a deposition used for in this

context?

Probable cause for the clerk to issue a

warrant.

And this is the deposition relating to

possession of controlled substance and

pistol without a permit; correct?

Yes, sir.

Who filled out this form?

r did.

Okay. Looking on the second page up at the

top where it says complainant, whose

signature is that?

That's my signature.

And it says offender attempted to elude DTF

agents at the same time throwing drug

evidence out the window. I

Page46

Plaintiffs Exhibit Number 2 and see if you

recognize that. What is that, please?

A. It's a warning citation.

a. And it was for attempting to elude and no

seatbelt; correct?

A. That's correct.

a. With regard to that seatbelt violation, do

you have any idea whether 1971 Chevrolets

\ryere even equþed with shoulder harnesses?

A. No, sir.

a. Okay. So it may well be that shoulder

harnesses were not even available as far as

you know in L97l?

A. As far as I know.

MR. MASTERS: Object to the form. A. That's correct.

a. And if he had had a seatbelt and not a I

shoulder harness, would you have been able I

to see that from your perspective while I

following him? 

I

A. No, sir. 

I

(Plaintiffs Exhibit 3 was marked I

for identification.) |

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Page48

Going back to what you had said a

little earlier. You had said when

Mr. Marshall turned onto Highway 2L toward

Tü/ilcox County --

A. Yes, sir.

a. - he sped up a little -

A. Yes, sir.

a. -- but that his car really was not capable

of going very fast?

A. No, sir.

a. How fast, if you have ajudgment, was

Mr. Marshall going at the time that you

executed the PIT maneuver?

A. I'm not sure.

a. But you weren't exceeding the speed limit?

A. I don't remember.

a. But you don't have a sense that you \ryere --

as of today - and since you don't

remember, I'm just trying to clarify this.

Do you have a sense today that you were in 

I

a high speed chase? I

A. I would say so, yes, sir.

a. Okay. So how high do you think the speed 

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Page49

was?

I just -- I don't remember.

So it said attempted to elude DTF agents at

the same time. Isn't is it true what you

meant by that was he simply failed to stop?

MR. MASTERS: Object to the form.

I don't know. I mean, I guess that depends

on how you look at it.

I guess it does. But he didn't attempt to

turn on to any other roads and lead you on

this path through the woods or anything

like that?

No, sir.

Okay. He simply turned back toward what

you knew to be his residence?

Yes, sir.

MR. MASTERS: Object to the form.

And it says throwing drug evidence out of

the window. But at this point you don't

have any evidence whatsoever that he

actually threw drug evidence out?

No, sir.

Offender was forced from the roadwav onto

Page 5l

this is, please.

It's the complaint and the warrant.

Okay. And this also bears your signature?

Yes, sir.

On the first page?

Yes, sir.

And on the second page down at the bottom

where it says sheriff, by, is that also

your signature?

Yes, sir.

And that's simply the document that makes

the charge against Mr. Marshall --

That's right.

-- on the first page, and on the second

page it's a warrant to arrest him?

That's correct.

(Plaintiffs Exhibit 5 was marked

for identification.)

Okay. And I think the last thing is

Plaintiffs Exhibit Number 5. Tell me what

that is, please.

Ifs an incident/offense report.

Okay. We've gone through several pieces of

I

2A.

3Q.

4A.. sQ.

64. 7Q.

8

9

10 A. 1l a.

l2

13 A. 14 a.

15

16 A.

T7

l8te a.

20

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Page 50

the opposite side of the roadway where his

vehicle came to rest. Offender was not

wearing seatbelt and was highly

belligerent, cursing, very combative, and

obviously highly agitated. Have you told

me everything about that that you can

recall when you described it earlier?

A. His demeanor?

a. Yeah.

A. Yeah, I guess. I'rnean, if I could think of

a few more words to use, I'd use them.

a. Okay. There also was a passenger in the

vehicle. Both individuals were detained

and transported to the Lowndes County

Detention Facility. And have you told me

everything you can recall about their

arrest and transportation?

A. Yes, sir.

(Plaintiffs Exhibit 4 was marked

for identification.)

a. Okay. Let me show you what's marked as

Plaintiffs Exhibit Number 4. And rhis is

simply a two-page document. Tell me what

Page52

paper that you have either authored or had

something to do with. Tell me all of the

paperwork that you have to fill out in

making an arrest such as you made on

Mr. Marshall.

You mean for a case file or --

Yeah. Yeah. Have we in front of us all of

the paperwork that you have executed on

Mr. Marshall?

You don't -- my statement form is not here.

Right. But other than that.

There's an arrest report thafs not here.

Okay. Look on the third page ofthe

exhibit I've just handed you.

Okay.

Is that the arrest report?

This is the arrest report right here.

Is what you have in these exhibits that

I've given you all of the paperwork you

would have completed on Mr. Marshall?

Yes, sir, I believe so.

All right. Let's go to Plaintiffs Exhibit

Number 5. That's a uniform

I

2

3

4

5

6A. 74.

8

9

l0 A. na.

t2 A. 13 a.

L4

15 A. t6 a. L7 A. 18 a.

t9

Deposition of Christopher West Marshall vs. Wes[ Hutson January 21,2008

13 (Pages 49 to 52\

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 16 of 19
ln of Christopher West Marshall vs. West: Hutson January 21,2008

incidenloffense report?

q,. That's right.

l. And tell me what that's for. What's the

pulpose of that?

\. It just lists myself as whoever is making

out the report, the agency, the charges or

the incident, the place of occurrence, the

date and time. And there's an area in here

where you will list items that will be

recovered or whatever. And then down at

the bottom -- underneath that it will list

the dollar amount for the items recovered,

vehicle information.

On the back page is the information for

the offender or whoever, suspect, and then

an area for the witnesses, a narrative, and

then an area for the signature of the

offlrcer or whoever the complainant is and

case disposition area.

l. And did you fill out these first two

pages?

\. Yes, sir.

). And that's your signature at the bottom of

Pagc 54

the second page?

\. Yes, sir.

). And then tell me about this third page,

which is the Alabama Uniform Arrest Report.

\. Basically the jail does this. They do this

in booking. And it has the -- you see the

defendant's name up at the top, his height,

weight, color, all of his information, the

place -- the occurrence ofthe arrest and

the charges and then the officer that did

the booking.

And that would be Marilyn Mealing?

That's correct.

Do you know her?

Yes, sir.

And is that her signature?

I guess it is.

Have you seen her signature before?

No.

Okay. Did you retain a copy of this

Alabama Uniform Arrest Report?

r. Yes.

l. And is this a true and correct copy of that

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Pagc 55

amest report?

Yes.

And you normally maintain those in your

case file --

That's con'ect.

-- in the normal course of business?

That's correct.

All right. Now, you had mentioned that you

had a statement also that you wrote out.

I'm going to show you Plaintiffs Exhibit

Number 6 and ask you if that's a copy of

youl statement.

(Plaintiffs Exhibit 6 was marked

for identification.)

Yes, sir.

Okay. Let's go through this for just a

second if we could.

Okay.

And I think this will be close to the last

thing that we're going to do today.

This was June 28th, 2005. Is that the

date that all this happened?

Yes, sir.

lQ.

2

34. 44.

5

6

71',

8Q.

94. 10 a. ll

12

13 A. t4 a.

15

t6 A. 17 a.

l8

T9

20

2t

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Page 5ó

And the time,7:32 p.m., is that the time

that you wrote the statement?

Yes, sir.

This indicates that the incident happened

sometime at about one o'clock this

afternoon --

That's right.

-- that afternoon.

Uh-huh (positive response).

And you say that you were traveling with

Mr. Hutson north on Lowndes County Road 7

and met Mr. Marshall's blue Chevrolet Nova.

Yes, sir.

You turned around in an attempt to catch up

with the vehicle.

That's correct.

As we caught up with the vehicle, I

observed that neither the driver nor the

passenger were wearing seat belts. Why was

that important to you? Why did you put

that in there?

Probable cause for the stop.

But what you really wanted to talk to him

53 to 56)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 17 of 19
I

2

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4

5

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T2

13

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15

A.

a.

Page57

about was drugs?

That's coffect.

And you placed your blue light on the dash

to gain the attention of the driver. And

you pulled beside his vehicle, showed

badges. It says here we showed the driver

our badges. Earlier you mentioned that

Mr. Hutson showed the driver his badge.

Did you show the driver your badge as well?

If that's what the state -- but it also

says that the driver looked out the window

and screamed that he wasn't going to pull

the vehicle over.

No. The question was, did you show him

your badge as well?

If that's what the statement says, then I

did ir.

Do you have any independent recollection of

showing him your badge?

It's been two years, almost three years. I

don't - I can't remember whether I did or

not.

Fair enough. And it says that he threw

t6-Ã.

A.

a

a.

A.

a.

t7

18

T9

20

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Page 59

of the page. I instructed Mr. Marshall to

exit his vehicle and get on the ground.

A. Okay.

a. You see that?

A. Yes.

a. Did he ever make a violent move toward you?

A. No. V/e had weapons drawn.

a. Okay. Never attempted to hit you or

anlhing else?

A. No. He's at his vehicle. We're at ours.

a. Never attempted to run away?

A. No, sir.

a. Fired my service weapon into the ground. I

meant to ask you about that. Does the

Lowndes County Sheriffs Office have a use

of force policy?

A. Yes, sir.

a. And what does that use of force policy say

about discharging a firearm?

A. I'm not exactly sure.

a. Okay. On the second page it says, again,

that you located and recovered an empty

torn baggy that at one time had contained

I

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Page 58

drug evidence out the window at about the

102 mile marker. And if I'm correct, based

on the analysis and your recollection of

that analysis, there was nothing to

indicate it was drug evidence, correct, in

the final analysis?

A. That's correct.

a. But at that time you thought it was drug

residue?

A. I still believe that.

a. Okay. Did you do any fïeld tests on that

residue?

A. No, sir.

a. Have you got the equipment to do field

tests?

A. Yes, sir.

a. You don't have gas chromatography?

A. No, sir.

a. Pursued Mr. Marshallfor 2.4 miles.

Marshall was still responding violently.

Did he ever make a violent move toward you?

A. lVhere are you at?

a. I'm down here at the -- close to the bottom

Page 60

cocaine. And you've signed that?

Yes, sir.

Okay. Are you sure that at one time that

it contained cocaine?

MR. MASTERS: Objectto the form.

Yesn sir.

And that is your statement that you wrote

in connection with this case?

Yes, sir.

How were you dressed thatday?

I don't remember.

Middle of June -- or end of June. Pretty

hot. Were you probably -- were you

wearing - do you recall whether or not you

would have been wearing short-sleeve shirts

at that time?

Probably.

Okay. And the drug task force operates in

some cases undercover; correct?

That's correct.

You operate in plain clothes?

That's correct.

MR. LEWIS: Letme have about five

I

24. 34.

4

5

64. 74.

8

9A. 10 a. 11 A. 12 a.

13

t4

15

t6

t7 A. 18 a.

t920 A. 2r a. 22 A.

23

Deposition of Christopher West Marshall vs. West; Hutson January 21,2008

l5 (Pages 57 to 60)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 18 of 19
rn of Christopher West Marshall vs. West; Hutson January 21,2008

).

\.

).

Pagc 6 I

minutes, Daryl.

MR. MASTERS. That's fine. Take

whatever time you need.

(A brief recess'was taken.)

(Mr. Lewis continuing:) I have just a

couple more questions.

Did you fill out a use of force report

form following the discharge of your

weapon?

At that time I don't believe our department

had one. And I still don't believe we had

one, but what I did do was I did a

statement and gave it to the sheriff.

Is that this statement that we've just

seen?

I think it's the same statement.

Were you reprimanded in any way for doing

that?

No, sir.

Have you ever been reprimanded during your

period with the Lowndes County Sheriffs

Office?

Not one time.

l. Are you aware of any citizen complaints

against you that were investigated?

.. I'm sure citizens have complained.

MR. LEWIS: I believe that's all I

have. Thankyou.

(Deposition concluded at

approximately 10:35 a.m.)

*t*{<*{<*x<*{<

FURTHER DEPONENT SAITH NOT

*******{<**(

REPORTER'S CERTIFICATE

]ATE OF ALABAMA:

ONTGOMERY COI.INTY:

I, Tracye Sadler Blackwell, Certified

rurt Reporter and Commissioner for the State of

abama atLarge, do hereby certiff that I reported

: deposition of:

\.

¡.

t.

t.

Pagc 63

I CHzuSTOPHER WEST

2 who was duly swom by me to speak the truth, the

3 whole truth and nothing but the truth, in the

4 matter of:

5 RICIIARD MARSI{ALL.

6 Plaintifi

7 vs.

8 CHRIS WEST, in his individual

9 Capacify, LASHLIN HUTSON, in his

10 Individual capacity,

I I Defendants.

12 IN THE UNITED STATES DISTRICT COURT

13 FOR THE MIDDLE DISTRICT OF ALABAMA

14 NORTHERN DIVISION

l5 Case Number 2:06-cv-701-ID.CSC

16 onJanuary 21,2008.

17 The foregoing 62 computer-printed pages

I 8 contain a true and correct transcript of the

l9 examination of said witness by counsel for the

20 parties set out herein. The reading and signing of

2l same is hereby waived.

22 I further certify that I am neither of

23 kin nor ofcounsel to the parties to said cause nor

Page 64

in any manner interested in the results thereof.

This 6th day of February 2008.

Tracye Sadler Blackwell

ACCR No. 294

Expiration date: 9-30-2008

Certified Court Reporter

and Commissioner for the State

ð of Alabama atLarge

9

l0ll

t2

t3

14

l5

t6

t7

l8

t9

20

2t

22

23

6l to 64)

Case 2:06-cv-00701-ID-CSC Document 33-2 Filed 02/12/2008 Page 19 of 19
EXHIBIT 1

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 1 of 22
t

Date: 11-28-05

Suspect(s): Richard J. Marshall

Suspect(s):

Subject(s):

Subject(s):

Requesting Agent: C.S. riVest

(

P6ryIGØÚ466

[i:gl¡3Efii{ririíir',,::"i:

County: Lowndes

Race: B Sex: M DOB: Adult

Raoe: Sex: DOB:

Race: Sex: DOB:

Raoe: Scx: DOB:

I

t

i

Evidence Subm\

Title: Conmander .

OfûceNo. (334)335-3340 FaxNo. (334)335-6401 NormalDutyHours: 9am-5pm

Agency: 2d Judicial CircuitDrug Task Force

MailingAddress: PO Box 795 Norlh Tuskeena Street Haynevillo, Alabanra 36040

Law Enfo¡cement Case No: 05-06-01 I Propefiy No.: 01 .

Type Case (CIíARGE): Possession

Brief History of Case: for¡nd to bo in possession while atiempting to elude

*Evidcnce Submitted: residue

Examination Requested: DrugAlatysis .

*NOTES THAT EVIDENCE IS IN.A. CLEAR SEALED PLASTIC BAç

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 2 of 22
IJ.,ABAtvd'

DEPARTMENT OF

/'\

FORENSIC SCIENCES

REGIONAL I.ABORATORY

P.O. BOX 210516

MONTGOMERY, AL 361 21.0516

(334) 242-2938

FACS|MILE (334) 240-3284'

MEDICAL EXAMINER

P.O. BOX 240591

MONTGOMERY, AL 36124.0591

(334)242-3093

FACSIMILE (334) 260-8734

CASE NITMBER: 06MG00466

¿.GENCY NUMBER: 05-06-01 I

EVIDENCERECEIPT

ID: I TYPE: Contollsd Substances REFERSNCES:

ORI NIIMBER: .4J,045TASK DATE: LIl28l05

LA.B: MG

TIIVÍE: l:22pm

ÇASE NAMES

Richard J Marshall

TYPE R.ÀCE

SB

sEx

M

AGE STATUS

CHÂIN OF CUSTODY

Secured at Montgomery RegÍonal Laboratory Evidence Intake A¡ea

DESCRIPTION OT EYIDENCE :

I One brown paper bag identified to contain drug evidencc

DATE TIME

1ln8ß5 l:22pm

SERVTCE REQTIESTED:

DRUG CIIEMISTRY

ÅA EE]ís LICTED AEOW ARE A8 DESCRIBED BY THE SWMITUNG ÅGENCY ,/4ND ÁRE SWJET îO ïEruHCATION UPON NSPECTION BY TTTE ANALYY|

REPORT TO:

Commander C. S. V/est

2nd Judicial Ðrug Task Force

146 East 4th Street

Luverne, AL36049

SÏiBtrdITTED BY:

q{È"-

STACY

G. Lashu¡ Hutson

Pag'e 1 of 1

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 3 of 22
( ("

AIABAÌ\44

DEPARTMENT OF FORENSIC SCIENCES

REGIONAL LABORATORY

P.O.BOX210516

MONTGOMERY, AL 36121.051 6

(334')242-2538

. MEDICAL EXAMINER

P.O. BOX 240591

MONTGOMERY, AL 36124.0591

(334) 242-30e3

Commander C. S. West

2nd Judicìal Drug Task Force

146 East 4th Street

Luverne, AL 36049

GASE NUMBER: 06Mc00466

SUSPECT(S): Richard J Marshail

SER\¡ICI RIQIIESTED: Dmg Analysis

CHÄIN Otr'CUSTODY:

CERTIXTCATE Otr' A¡{ALYSIS

SUBM|ÏT¡NG AcENcY GASE NUMBER: 05-06-011

I

Race

B

Sex Date of Birth Status

Adult

G. Lashun Hutson from 2nd Judicial Drug Task Force

MichaelL. Hitchcock

DATE

1112812005

121011200s

01/13/2006

TIME

13:22

14:35

Robert 0B:59

DASCRI}TION OF EYTDDNCE:

1. One brown paper bag containing residue

RESULTS OFANA,I,YSES: DA.TE(S)OX'Ä,NALYSES: 0112612006

I

l. Laboratory analyses of the residue failed to reveat the presence of any controlled substances.

sworn to and subscribedto me thir,h. 2ndD", "59'.kl . zoCLþas tue and oorrect

An ASCLD/L,4-B Accredíted Laboratory since Qctober 2003

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 4 of 22
;Ntv

- EiÑGEhPßINiEXAMINATION hEOU-¡¡ST

.: 

. ..Á,8t.28(2_95)

hrÍuÈN io: r-eiE¡¡i Pnim uruír

P..jO,.BOX.1'51.1 '.

i,i o "ií"rnà.v,.¡i i d-¡ szos o ;r

''Phorie: (334)?42'4244-. 

.

rlËË:öii,pniñi :cr"ËAHrú.iu3 Ë,súbr

6:.CONTRiBI,ITOR;CASE NO:

,i ..,.,. , ',,.,,, , . Cj .f.:.¡l¡¿i - rif¿

3,.AGENCY:¡i-:43i ;. .j!

' .¡i!$j1Êr:t i.: '1. 

.. ..;¿¡ì¡?à : .¡J.f' ¡A

8. DATE OF CRIME:

. . d,"*gå_or"-

9. VICTIM OF CRIME:

CITY .STATE

:t4n,r1i1.¡,,t-¿.' :-t€i!. .¿te 3{r6þ''F

:o,oÞsl*.rrNrcAsE No: üfi- I /{ì# - _.f5" - 6 :í"'

4.'PHONE'NO:

'., ,,.s,3'l* f ¡ s,' 3.:Jfiu

12. ADDITIoNAL EVIDENCE Oß SUSPECT i

] 3. SPECIAL INSTRUCTIONS:

14.rSUBM|TIED.BY;.. ,:PRtñr.NhME :

.'|Frt:r:tJi+oilrf-,.s- .ç,. i.l:J:/:'f -. , ...j

1 6. AGENCY a-{tn il# 17.OAIE/TtME

çits-di¡/,/.'dîr.'-

.'.l.. lajjDEiAruED :f:fsr,Or ¡ïEMs¡sÉ.iÈMlffED:iiñCLrr,Dr ,oF ALLEils'ÉEcrs,: LrsE EXrRA srEET!.li xlgEgsAlI

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jls:l;i'ii ij'

DATE,/TIME

,i'.J j-.r j' ,tjii.''u:

EuroEI:= REltrlT;Ti1l ",,,iiìid;l#;?fl

HOW REÍU.RNED

,, ,¡;i/'.i, .i .,

DATE,/ÏIME

jrii.: -;,li ., r iia.:j.:

AS "t:,8ËE; , ..,tii.:;..ir i :..,.: ;!,

r:cjÞ[R.: N'lrV

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ExHlatT No:

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 5 of 22
f-r

¡' _.!

T)--LI:^ Cr^Jc.l-- r uurlu È¿llçty B u R EA u c F r N vEsnu 

i;t7ëru,

Alabama Department of

TYPË OB PRINT CLEARLY (USE BI.ACK INK) AND SUBMIT IN TRIPLICATE

FINGEBPRINT EXAMINATION REOUEST

ABI-28 (2-95)

RETURNTO: LATENT PR¡NT UNIT .

P. O. Box 1511

Montgomery AL 361 92-0501

Phone: (334) 242-4244

1' coNrRrBurot nå 

4 A, rj : .,-. I A" u frtr- E c*

6' coNrRrBUToF .ASE No: (j çc¡t- ar/

'' 

*o*'C 

l, ,i&¡or I ," .f . /.)_¡* 7. TYPE OF CRIMã: n

I/. r¿4

'¡eeNc*@ !" **

r

8. DATE OF CF¡ME: I aA tt-*u-6tr

ADDRESS ,t PèO.BOX /76 â ft )i.. ^-/

9. VICTIM OF CRIME:

\'ui,'rt* H' ,,r 3òô/f I o. Dps r-ArENr CASE No: 07 _ I t¿,â * ?.Ç _ a {

4. PHONE NO: 33'i-33ç37'/¿, 11. NEWCASE: ,/ 12. ADDITIONAL EVIDENCE OR SUSPECT

s. neeonrro; 

,, ò¿n'

1 3. SPECIAL INSTRUCTIONS:

14. SUBMITTED BY: .FRINTNAMË

CÌ^,: tøøL-. S. /)*¡* s.scne"r--< lf- 1 6, AGENCY *{roîF I7, OATE,/TIME

r.¿tu,r//.'et,

' 

8. DETAILED LIST OF ITEMS SUBMITTED: INCLUDE ¡IEPTE, N¡ii SiX.-OOS, OT EIfãUSPECTS. USE EXTRA SHEETS IF NECESSARY

D ßrortt Pr"u, ß¿* C,i.is;.tr C!.",

øl¿¿it ¿ L.i î.;.

19. FOR DPS USE ONLY

RECEIVED EY: . PßINTNAME ' I

5ç 5h trn rza ¡1 {¡y'¿:r.¡¿;t" ot/,/

SIGNATURE HOW BECEIVED

?újaualL"t

DATEÆIME '7-l?-al l)t\pRETURNEDTO: P8INT SIGNATUBE he erucv DATEÆIME

EVIDENCE BETURNED BY: ÉFI¡¡T I'I¡ue SIGNATURE HOW RETUFNED DATEÆIME

Loct'ro: Nq I ns I cas I clrn LTR

I rvpe I nev. NLV I I

EXHIBIT NO:

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 6 of 22
apartr*efi, "

(

AËabarr-la D

trcBtuBËs-ffi# REPLY MAY BE MADE TO:

Shân¡on Fitzgerald.

.å3I Headquarters

Date: Ù'as. oi

Dear Contribuüor:

?he enclosed case åle is being retrrned to your department for the following reason:

Statute of Limitations Has Expirecl

It ' K No lateat prints of value were fou¡d on the evidence which:

&is enclosed

- 

is bei''g forwarcled to t\e Department of Forensic SciencesReren ion of **;-:".;ïï:::ilä ffi_:"J ¿u,",_io" i,

.Has 

no evid.enùiary value.

This ûle is the original a¡rd no copy will be retained by this department.

If this department can be of fr¡rther assistance to you, please'do not hesitate to

Contactme at (334) 395-4320.

Latent Print Exami:rer

B r¡reau of Investigation

S!'/ss

l!*rdgsariers

Pust Offir:e llux Ji¡l I

Monlgonrrr¡. r\labu¡nu l'!6102 - l5l I

Drirci lics¡lsc

' l'Gl Officc lìo:r l47l

illonlgornrry. Ahl¡urn¡ iJfil02 - l,l?l

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 7 of 22
EXHIBIT 2

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 8 of 22
q' ''oND JUDICIAL DRUG TASK FORrSERViNG BUTLER, CRENSÏTATV AND LOWNDES COUNTTES

146 EAST FOUKTH STRnET

LWERNE, ALABAI4A 36049

334-335-3340

COTIRTESY WARNING

SPEEDING MPH 

-

IMPROPER LANE USAGE

oerv d-*of 7¡¡¡g 3)oof- .

fiir:6'0hof

MPHZONE

FAILURETOYIELD

FAILURETO SIGNAL

FOLLOTVINGTO CLOSE

IMPROPERTURN

IMP.ROPERTAG

REDLIGHT

STOPSIGN

DEFECTTVE EQUIPMENT

orHER/REM txxs /i r-lr/ r nL * F/.*-l-, ) a .fa* fJ*4

MAKE oFVEHIcLE â/.gu,o/'? .YEAR /? 7/ co,;ol' l/uo

VEHICIÆTAd# STPfTE .44

LocAfloN 

, ç" 4t ,!- á¿t"L-t (3.¿-+/ '

THIS IS A COI'RT'ESY }VARNING ONLY AND WILL NOT REFLECT ON YOUR

OPERATORS LICENSE

þ/326 î sr^r' ''l¿'

DRTVERS LICENSE #

THE LIFEYOU SA\rE MAY BEYOUR OIVN

AGENT

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 9 of 22
EXHIBIT 3

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 10 of 22
ÐEPÛSiiiûN

STATE OF ALABAMA

ll,lUNlClPALlTYOF

bss..

Date andlimeof á.-

Flace of0ccunence:

Person

HowAttacked:

v,

Defendant

¡NsrRucrloNs: coMpLETE THE FoLLow¡NG tNFoRMATtoN oN THE AçcusEÞ

|NSTRUCT|ONS¡ CouÞuerç ORMATION ON THE

,- )þ'

*L. L¡,'//

'./o

Was accused under the infuence of alçohol or a conlrolted substanceÐyes [f, ru0.

Any law enforcernentagency contadeddJyes f]Uo

lf yes, which one? 

--

DidAccqsed Possess. or Use a Weapon?' f]r.¡o T¡pe:

+

+

uro you 90 ro lhe nospitatl_lye5 f/flo

Damage Done or lnjuries Received:

Value of Pioperty:

Details of Offense:

l-t 

I lOhecli lf additional pages ar€ neðessary.

St¡te ol Alabama

UaiãedJuclicial Systera

tr'orm CR-57 (fro¡t) Rev.8/9Ê

Name of Accus ed (orAlias) ,4 t

6,'a/,.r( ,T SocÌal Securit¡r Nqmber Drlve¡'s Liçense Number

' Address ofl /0t 3.

:d(qfliad ' .

).L"¿k O,.

Address of€mployer

t -f.',t* ¿- il o ú u,'oo'/v ./¡¡,/¿y d ?

'o rlCase 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 11 of 22
T

DEPOSITION

AnyLaw EnforcernentAgencyContacted f [Jyes El¡¡o'

lf yes,.wtlich one? - 

'

lmâket¡¡¡sstatementfocthçpurposeofsecurlngaWARRANT/SügUOXSagaiñstthenamedofaccussd. lunderstandthatlamlnstttutirtga cr-lmtnal

proceedlng and cannot dlsmìss ih¡s ca¡.e. .l furtñer understand tfrat Ìf any olthe foregoing faols are.untrue, I mgy, ln addition tp any other punishment

provldedbilaw,.betaxedwlthcourtcostsinthlsproceedìng. 

- , -/,/

Address

flh o¡. 'Nu,n'þr'i'_

W¡TNESSES

' Addrqss Telephone Number

,7

f,/z

MAGISTRATE NOTES

Wanant or Summons issueorives f-lruo Warrant Numþér:

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 12 of 22
EXHIBIT 4

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 13 of 22
å t È !I'.¡

*ügi.jI,r' å';!ii..iE g Ë :

:

TiiI ãiËT,Ì3¡:T i'3='jãî ¡lf L,:'Ëiå'¡':fi t:,:iií'iTT

,+.,*5F¡3.1:? îd!ji,ÌEif; : Uñ ¡:Ti{ãF f *.ËE Í'iE;i:

t- t .4,

.!t!-r-îË'.Ë'r.î:SiÊ 5 - ¿-;E'

*EirÊFLå.gtiT

3i,: Li=!:i.¡i.jEË t:t:,Jï'jT?,

-ã::jãËiF.åi¡:A , TË-'*.'3?: t'3ffå:i':= -

c-Ì':-- TiiË 'f¡=['E *F *LåE¡:'i'i* ' ËT*i= r-if åL*.3F.Íri* - 2

ãã-'¡f= å4i î9-iË :tHrj.=hË:¡:i.iEi-1 .i'if,È=,sfiËgä,rå¡i.+GIËTã*T=-!=í-IïE iiET;ãi[I-..t;:=iin=T t:F

i,1*fii.i:"i':uü?','l"F.ië.ãE!riH, -rEr;'5':'¡*ii'¡ *rri*.s'E* i*äi'l*r-!ìi*iã ':i+* î'ÉT'lf äg a:.*.d"=Ë!i*s-Lqjii::'sþt'lHl'¡"h'=r'',.çËä-EiiÏ-.;å'¿Ë,ï.Få1ï-*=i=i{E i1'+8. FF;,--E;:.ELE si¡.¡i=r i¡=ã

åiísiiiüã, -*i..¡Ð E,-q.iË:'Ë=iMü--¡riþi? -" ã:r*H*t, l_il+¡Ë**!i- . ,. i¡sFi.-i*l'¡¡.i,:i'

ãå+..=.=i'¡iHiEå !:-,=11*i**!ãi-;;lifi..i'=;Jr..i'rs süã-i'lic-¡¿-å:ii*ii?, *:* +i3îilEi't iHE *Ë¡=',fã

i': j¡,äE ã i':.1?!ji{T f ¡if{F

-r,iEE ,:14 'LÌ.q +,ãËUi -tl-.*idf '¡,t, '¡E!-?Ë. '.{i'iEL=

ll lË¡¡in -

ár,Li+íiä{'ii'. '

rl l:{l:i 3 tiå'ilå'sFilL Lï Ft:ËË.==Ë *. 'f Gi'iT;î¡f L L=¡-j

Iå.! yIFL¡+.; !¡,1å€ r-"'i;- åS;t-¡EÈ.i -:I i.i

*re.=t'¡;¡ T¡iE Fg*ril *i4,1 .!9"Ëi+¡îï ':f ?ä=

I H E E? r 

= 

* 

=. 

f ;= *E î'-;i F 

=

giir =ErËã'i ¡fg Tå+35 'ii-ji :-:='Eit'r', *i -:tiii{, !*f¡5'-

EEET;iI'*î tr='.iËi

.IrF.ã.qîSå ; i'.4i.! LîIÍ+TI ; â3å./ 3Ë,¡ !Ëvf--5

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 14 of 22
- r*..it:¿-.'J*:¡!:

: ,?:r-! i.- jigtli:-'ì!3

¡åç¡

.;i:* *¡ìi.;¡ìjJdq

iî|.iñ.= =Ì$.:¿-:i¡'7.¡'f ji:{ e-i'11 : i.!¡li:-¡.:? J:i'ã L''ì;.4î':!.+=-r-=U f i É?rus JL-iaa.jré'd¡iÈ ¡-..-' Èr-,';.J:=irj'J Ê'¡ìÈJ-¡:*.* ': ..

¡ ii.li¡i-:-! L=i-ttii.¡-rl .¡'..!! ina !iÉrií;Éi.¡-+!! ,:i.iî-t+:"-rJ ¡ .a I

:1gi1.¡.Judâ¡.é?..¡3.-.¡ji:g¡1gå¡?Tul..*jJäJ¡:&.+l,'¿../

. JHi Liä: ?.- {{4r i.= :irt'jsq-ú. ir!!:+t;E l-i ¡l -_./ ¿:il '1'11¡'T +¡ ¡¿ Jlìåår+'j'¿

c_ij-. 1i-ä-.?:J? :-.Ë¡¿¡¡**.rr,*

.j::¡r:..i . 1 ... I :i:::¡;tlt :::¡:¡..* L.; L - ¿:.:: t'é* .=.*"j - ÃrlJ .J¡s4.:

;.r!iji!.,!i4 Ët i+!- :.{ !.. rÈ .J¿tè.i ¡r.j iiÊ:Ulll.t'ìijil : i?À ¡.j

-.-L i*i::tü

- -JJ.J'Jg.j

''-æ : l- *i I -¡l {t:i'i*: t'á L t :¡l I . '-'- r i*t:l:< +r À ts df iå';.j Jr¡--ã.J.¡!¡E d tg t - L.Jj.r.rÉt

-*rÈ tË ¡ ¡i¡¡J'Jltl t 'Jg

. 1

i:

*¿+-åF-- É-¿rF4*-+

t.-:r.-J :ji ;

g'iß:s.J è.-_À'råi¿u

)-¿' f

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Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 15 of 22
EXHIBIT 5

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 16 of 22
ALABAI-" UNIFORM |NCIDENT/OFFENSE rPORT

VICIIM SSN ttr-t r fli tNcroËMr. El¡or¡¡HsE

E 3SUPPLEMENT

2 CAgE' 0l5l-l0l6l-¡0¡1¡1 I SfX

I

{ oÂ1.

0¡4¡5¡0¡7¡0¡0

C UAIE,N IIMtsQ' 

'EÞRd9I EâM I ucrncv ule

e :el H",'Í.lznd Judicíalcircuit Dru-q'Task Force

? It suPPtlr¿lM oitcrHAL

orf5JlsE oÂrÊ D

Ittt

Y 0i6t2P8¡0i5 t

Conimander Christopher S, West

rAooÂEss ( STReeT, CffY, STATE, ¿lP)

146 East 4th Street Luverne, Alabama 36049

¡U TñgNE

( 334 ) 335-3340

n

¡tt

UE

L

lo

F

tt

r2vrcÏM(râsr.FrRsr,MtDDtEt'lAMq Fg tætæl t3 ADDRESS (S'rREET. Ctil, STATË.ZP) 14PHONE

()

r8 occuPAiloN 17 ADDRESS (StRãi. Ctly. STAÍÊ, ZP, rU TNUNÈ ()

E El REsroB.rr

fl tloru*esroeHr

fY

fN

¿, Mvc l 22 SÉ(

Ei f; llfi¡5,,

13 HGT 24 I,VGI 25 DAE 27 1,1,45 OFFENOER

KNOW{TOMCÎM?

EY..DN

28 VICTTM WAS (EXPLAIN RELITIONSHIP) 9CODE

I

MDY ttltt

æ-TypElNo-rDENfoROr¡ENsE El FÊL. E M¡srf

Unlawful possession of Contro-lled Substa nce

3I DEGRÉE ICIRCLE) 123

}2 UOR CODE

3t5t3t2l 13A-12-212

Ël

de I Ír5 ilrereEy¡ vr.wrrcNÞq lJ FEL. lãl wt lsD

Pistolw/o Permit 123

36UCR CODE ttt 3? SfATE CODE'LOCAL ORIDNANCE

13A-11-073

{Íghway 21 South, Dutch Bend Community, Lowndes Gounty

39 SECTOn tt

t0 Po¡NT

OFEMJlY EoooR

Ewuoot¡v

E nooF

fl orxsn

¡.1 METHoD fl FORCTBLE

oFEl{1RY E NoFoRcE

E ¡¡r. roRcrsle IZ ACSAUL f

f,]. s{'rPtE Lf AGGR

37REAìÌIENTFoR f-l y

SoTLTNJURv ñ n

)CCURREDoNORB.TWEEI?'IME EAM

õY6, r"s rcI;I r igEË Ag 

EEEEEEE t7 LtGflilNG

El r-tl¡ruR¡l

ff 2-MooN

cf sARr.EXr.

Ffôñ¿'*'

18I¡I,EATHER

tsl 1 -CLEAR

f 2-CLOUDY

f 3.RAIN f 4-FOG f 5. sNow

J 6. HA|L.- .

I 7-UNK,

MtsE lSocoDE

A-HVI¡Y.ST.-ALLEYTJ |-8ANK L I

B.RAIRQÁg El.l-oauesroRe I I I

c-RESIÐENCE E X.nnrnWru.nSe.

9.9t1_ul9f El L-sHopprNccENrER

e:1""¡1,'SXnf ' ff [ :ffi s,í?il*

H.sERVrcE srA lJ e-U¡HEK

0Y6,2?e, oIs I

rtrc ue¡

2:30Hi,Y - 

þJl4EEEEE

4VERTFIFOR rJ w

NPÊEXAM

t1 N

)5 IREAT. rl Y

:OR RAPE NJURY n N

16 crRct MsTAr,tcEs HoililcrDE E AssAUr] GOOE

LoCATIoN: RqPE I

rF#;ys"u-ìF! lsg oEScRrPTroN QF VEAPONEFTREARMS/TOOLS USED rN oFFENSEHü,ä" H åffi,jli,:ÌJ;lï'" f-;åäË *" " '*^ -'-" * "*' ___fl_-E unruoou¡¡ D nrre E sHoreuH EuHxruown

lL

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c

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P

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t1

Pol

å'l

Ël

TI rf Yl

vl

fi

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I

0 orrA'ffffY 61 STOLEN RECOVERED, LOST, FOUND OR DESTROYED flNCLUDE

IT4AKE,MODEIi SIZE TYPE, SERTAL NUMBER. COLOR, EfC.)

62 DOTLARVALUE

'3 

RECOVERED

6T0LEN ]AMAGED DATE VALUE

,| Rossi 3s7 Magnum s#F161600 & 3s7 Masnum Rounds )-28 0450

1

)lastic Bagqie containq residue j-28 E5

1 1976 Chevrolet Nova j-28 03000

¡ comñuro nllnnn¡r¡vi

64 MOTOR VEHICLE

$3,000 S

R

D

85 CURRENCY, NOTES

_s

R

D

66 JEI¡/ÊLRY

s

R

-D

c

67 GLOTHING/FURS 

.

s

R

ñ

c

6E FIREARMS

s

$450 n

u

c

69 OFFICE EOUIPMENI

S

K

D

^

70 ETECTRONICS

s

-R

o

c

71 HOUSEHOLD

s

R

D

CONSUMAELE

S. $5"

D

c

73 LIVESTOCK

s

R

D

c

7{ MISCELLANEOUS

s

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c

V

E

H

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L

s

75CHECKC ÍEGoRIESñ

LJ SIOLEN E necoreneo E susp¡crsv¡x. E vrc¡¡¿swx. E ul¡urnuse E rsANDoNeo

'6 

ISTOLEN I lr8. I9LÍY. 

IEOTAGCOLOR

le¡ue

N

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02 r¡rR

7.6

ð3v.lrlÄ 

181 

VMo 3hev lNovaÌ5VST

qt

r6 vco.

TOe

BOTTOM:

}7 ADDTTIONAL DESCRIPTION

STOI.EN [,ITR.

VÉHONLY

SSAREASÌOI-EN

E sus. E nes. E nun.

lAG RãCËIPT

BILL OF SATE

T¡rE E ol-rrER 'il f+

2 t AUTO TNSURER ¡IAME (COMpAtfy) ADDRESS (SfRËËr, ClTy, STA.r5, Zp) 12PHONS ()

IÆH.RECOT/ERY

O.¡LìRËAUIRÉO

O3 SÌOLEN IN VOUR JU¡IsDICÌION?

r{(, E wdE¡E?

YÊs tr }4 RSCCIÆRED IN YOUR JURISDICf ION?

No f] w¡:*et

Y:S E

TYPE OR PRINT IN BLACK INK REV.6.94

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 17 of 22
( /'

I

OFFICEÉ .tfORK PRODUCT MAY NOT BE PUBLIC

INCIDENT/OFFENSE

REPORT CONTINUED

15 DATEAHD TIHE OF REPORI LJ ¡¡T

s : 21 Fll

16 cAsE*

0l5l-l0l6l-l0l1l1

17 sl ¡s E oFrg¡loen n cHEcK IFMULìP¡6

E susPscr

D MTSSTNGPERSON 0Y6 tZ 8r015

9eNAMÉ MsT, FIRSï ft¡lloolE)

Vlarshall. Richard J.

IOO NICK'IÂME/AUAS

"Blood"

rûr RACE- JWIJA rB nl102 sÐ(

E¡¡ E¡ äTå, ri¿,2 î¿ låi^"'

r05 Ao9tiEss (SIRÊET, ç¡IY. S¡^tE ZtP)

fOi S. Burbank Drive Montsomery, Alabama

t03ÍGf

t9

tur.wþ I

160

t08 EÌE

Bro

100 I{AIR

3tk

í0 co¡rPLÐfloN

Dark

I1.' PROEABLE DESTINATION Il2ARMED?

bt nN EuNr(

113 Vì¡E¡PON

Rossi 357 Magnum

I14 CLOTHING Et sc¡¡s .. E v¡nxs . E r¡rroos

llL ¡naær¡o

El w¡Hæo

fi6 NAt\rE GAST. FrRsr, ¡¡lDDLE) IlA MGE Elw E¡ n8 r-lt

tfg sEX

fu Er

r20%oð 

D

ttt

,, 12'AGE ;t_ I22AODREES (SINEEI¡ CIIÍ SIATtsI ZIP) 12s HCT 12¡l WGT l25elE 126 ltAln r27 coMPLfxto¡,|

128 PROEABLE DESTINATION I29ARMED?

tr.Y trN EUNK

130 lrvÊAPON

I31 CLOTHING E sc¡ns E unrs fl rn¡roos

13 g mnesreo

- E wn¡neo

tryIrlï

N

E

s

s

E

S

f33 MME (IAS T. FIRST, MIDDIE) SÞ(, RACE DOB -r34ÁooREss 

(sfREET, clfY. srATE aP) 135 RES. PHONE 13õ ous, PHotG

t1

lutson. L

sa< gu¡¡lmceþl[v.þli

U¡OrY DÏF I )

r2 sex EIUEr

[!t¡

u.EHy H; rY ()

t3 e< EuEr {r¡

ucEEåv El; rï ) ()

*ïo.,ot1t',tn * () (

)

I,UTNESS t ¿ SSN

rtt-t

yrtlNËss #3 ssN

ttt-tllMINESSt4 SsN

I I l'

N

A

R

R

A

T

I

V

E

roz Offender aiteA toitop f a $rowing dnrg evidence out of.the drívers side wíndow as the chæe

progressed. offenderwaJforcedìfftheroadanãhadtobeforcedtothegrolundandforcedtocomply. Subject_conductedhimselfin

an e:xtremely violeot manner as if maybe underthe influence of a conkoilãd substa¡ce. Subject was anested and tansported to the

Loumdes County Ðetention Faoility.

coNTTNUEÞoNSUPPLEMENT Y n N fxl ÂSSISTING AGENOY ORI ASSISfING AGENCY OAgE f sFx

I herebv affirm that I

fullresþonsibifíg for

,áa tnat sll information qiven bv me ís conect to{he best of my knowledge.

any stolen properly or ñissing person hereby reported ¡s retumecl

I will assume

ìIGNATI

t3a LocaL LJsE

I ITIAIS IK

ttttl

MULÏpLr fl4ocAsÉ *

cAsEscrosÉo | | I I

'"'T l'*i*i ffi lt*"f* låfrË."uor.o I l"r'r"r r I ttl I I l"o'FiV5r'

AO

M

I

N

1á.7 CASE SÍATUS IJ .I - PENDING

E z - rNAcrrvE lÍ 3 - CLOSED

148 CASE

DISPO$ITION

E I - ctEARsD aY ARREST (Juv)

E z. o-e¡neo syARREsr (ADTJLT)

[J s - uN¡ouNoeo

E s - ¡or¡rNstaql¡æLY otEÀRED

E 4 - EXcEsftoNAr ctEARA¡lcE

El ¡- suse¿o-rrorre¡¡DER DEAD

E B.orHgRPRoôEotmoN

El c-ExrR¡DmoNDENIED

n D- rAcKoFPROSEottfloN

E E-,ruvENr.Ê,NOREFERRAL

El F.DEAfHoFvlcÍM

I49 REPORTING OFFICER IÞ#

3ndr..Cb¡istopher S. liVest DE-l

150 .ASSISTINC OrFlceR lÞ#

ENTERSS N Y

*R{.'E D "

ttttl

151 SUPÊRVISORi{PPRoVÂ! lD# I12 \,\ATCH CMDñ IDå

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 18 of 22
A'

f

ABAMA UNIFORM ARREST REPOI,T I ves

! tto

I ves

!ruo

OFFICER'S WORK PRODUCT MAY NOT BÉ PUELIC INFORMATION

zl 9l ãt ol sl

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0,4,5,0,fl,t,(0

3 CASE g

0l5l0l6l8l8181412

1 €íN

I

5 IAST. FIRST. MIDOLE NAME

MARSHALL, RICTIARD JAMES

6 ALIAS AXA

7S€X l!RACE 19HGl. l1oWGÎ. lileyE lr?H^rR HllgYFî I -. lroo lBnolnrx

l5 sRlN

DRK

11

l]scens ! uenxs Elalroos !ameurettols

1s FucE oF BIRTH (C|il, COUNTY, SIAfE)

AT.ABAMA

l5 ssN

4lzl4l - lel 4l-l2l6l 6 lo

i7 Þ^1Ë OF E|RB I tl AGt

o'tztziqttï+l 3l

l9 MtsCEL|¡NEOUS ¡O t

20 slo 3 FINGEFPRINT CLASS KEY MAJOR PßIMARY scov SUS.S€CONDARY FINAL

XENRY CLASS

NCrç CTASS

22OLi 

| 

23 sr

6018769 I AL

21 fgt ß 25 IÞEÑTIF¡CATION COÀIMEN'S

26 E Rgsr9ÉñT

c] NoN-R€sroËNr

t7 aoM€ AooREss (sÎREsÎ. orfy. sTAt€, ztp)

IOI S BURBANK DR APT.D-IO MONTGOMERY, AL36117

II RESIDENCÉ PHOAE

)

29 OCCUPA?aON (EE SPECIFIC)

UNEMPLOYED

30 eMPLOYER (NAME OF COMPANY/SCHOOL) ¡1 gusrNEss AooREss lslBsef, cFY. slÂtê. zlP)

N/A

12 AUSINESS PHONE ()

þt f'l

ãl

33 LoCA¡lON OF ARÀESl (SfREË1, CtlY, SrATË, Zrp)

2 1 SOUTTI HAYNEVILLE ALABAMA

34 SgêfO8 *

tt

is AERESTED FoÀ YouR Ju8lsolclloN? 8l õil rr sÎÂrÊ

- out sr^TE

YE€ tr NO

¡6 coNDlÎroN oF lJ oRUNK Èl sogER

ARRESTÊ€: ! ontnxtro Eì onucs

TTRESTSTARRESÎ?|3!rNJURrEs?. ENONE l?sARÂlso?

E v¡s E ro I Q orrrcen E ARngsres | trl t tl *

IO OESCRIPTION OF WEAPON

E HANocuN El orHÊR FTREARM

P Rtrte E orxÉRwÉAPoÍ

! sxorcuu

.I OATE OF ARR€S1 12 II'¡E OF ARREgf .] OAY OF ANR€SI I" lYPÉ ARRESÍ

nfIHtTlFllTlFl I Ë 8i.:rji-

{5 AßAEgTE9 gETO'

EYÉs DNo o'^iøtz?sroìs 04,00 E unx¡owN LJ I. AM L' MIL.

E 2.PM

t6 CHARGETT 8' FEr. E MtsD

POSS OF CONTROLLED SUB

ra CHARGE.2 E FEr E Mt6o

PISTOL lV/O PERMIT

STATE COOE'LOCAL ORÞINANCE

'T 

WARRANT # 2 oAtE tssuED ¡3 Sl^l€ cooE LocAL 0RDIN^NCE 154 WARRANT t t5 0A1E ISSUEO

il

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oHARGE.a O FÉL Ll r,ilsD ss CHARGE.4 g FEr I mtso

STAIE CODÉTLOCAL ORÞINANCE ìI WARRANT 

'

i2 OATE ISSUED ¡! alAT€ coDÉrLocAL oRotN^NcÊ 164 WARMNT t

'5 

DATE ¡SSUED

M

I

o t¡

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ARREST OISPOSIÍION

E HELo Cl roT-LE

E BA|L 0 orHÉR

! nersaseo

67 IF OUT ON RELEASE

WHAI TPE ?

;8 ARRÊS7ED IAII''H (t) ACCOMPLICÊ (FULL NÂME)

E9 ARRÉSÎEO WTH (2) ACCOMPLICE (FULL NAME)

UJ

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u,

?0 vYR l?t vMA I72VMO I 7¡ VSf 74 VCO TOP

¡olïoM

,5 IAG r 176 Lls 177 tlY

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Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 19 of 22
EXHIBIT 6

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 20 of 22
(

2*Judicial Drug Task Force

Drug Agent

Statement Forrh

Date: June 28,2005

Time:7:32pm

Today at about 1;00 pm I along with Agent Lashun Hutson \ryere Eaveling

ñôdtr ón Loqaides Coirnty R"ôãd 7 whã¡ we met Mr:'Riehæd-Mars'hall'sblue

Chewolet Nova. I immediateìy turned around Ín an atteinpt to catch up with

the vehicle. As we caught up with the vehicle I observed-that neither the

à.ine, or the prrr.rrg.i*.rá wearing seatbelts, we placed ou¡ blue light on the

dash of our ushi.l" io gain the attention of the däver to püll the vehicie over'

The driver looked o.lrith" window and screarned that he'wasn't going to pull

the vehicle over. I then pulled besi'de his vehicle.and we showed the driver

Mr. Marsþall oru badges identifying ourselves-a-s iaw enfoicement officers'

He still insisted that hã would not pull his vehicle over responding in a very

violent manner. 'lhis incident occu:red approxþVtely 2. tttíl"t from the

Lor¡¿ndes County Road 7 and.Alabama Highway 21 intersectio-nt fu we got to

the inte¡secrion Â¡f¡. Marshall turned right onto highway 2l picking up speed

and throwing drug evidence out of the ãriver's wrn{ow at about the 102 mile

marker. \Me also observed. Mr. Marshall moving arognd in the seat and with

his right hand constantly doing something down iri the seat' We pursued IW'

Ma¡shall for anoth er Z.|mites before forcing his vehicle'from the roadway'

The vehicle came to rest on lhe emba¡kment on the opposite side of the

highway. Once off the highway Agent Hutson arid I tooh cóver behind the

dJors óf o*vehicle (weapons d¡avrn). I instructed'Mr. Marsh¿rll to exithis

vehicle and get on the eround. He got out of tlg.yehicle bq! stood in the door

still respondfug violently and not complying with us, at that time I fired my

seryice we"pon into the gro¡nd in an attempt to quicken'Mr. Ma¡shall into

complian." blrt still he did not comply. Next l.appro-acþçd Mr' Marshall ¿urd

forced him to the grolnd experien.it g to*" resistance yet having to force his

hands behind his Èack,o *io handcuffhim. AgentHußon aþproached the

passenger's side of the vehicle and removed the passenger after I secured Mr'

Ma¡shall. After securing Mr. Ma¡shall I noticed a revolver style handgun on

the seat of the vehicle *a ¡rrti.e ll¡S on the seat and in the floor. Mr'

Marshall was arrested and transported to th. Lormdes.County Detention

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 21 of 22
(

Facility. I later retgrned to the area of hþhway 21 wherç I obsewed Mr'

Marshatl throwing out the evidence. f¡nú" wrlkins the roadway I located ærd

recovèred * 

"*plty 

torn baggie thai at one time had contained cocaine'

Case 2:06-cv-00701-ID-CSC Document 33-3 Filed 02/12/2008 Page 22 of 22
Case 2:06-cv-00701-ID-CSC Document 33-4 Filed 02/12/2008 Page 1 of 4
Case 2:06-cv-00701-ID-CSC Document 33-4 Filed 02/12/2008 Page 2 of 4
Case 2:06-cv-00701-ID-CSC Document 33-4 Filed 02/12/2008 Page 3 of 4
Case 2:06-cv-00701-ID-CSC Document 33-4 Filed 02/12/2008 Page 4 of 4
EXHIBIT C 

Deposition of Lashun Hutson 

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 1 of 13
DEPOSITION OF G. LASHUN HUTSON

fanuary 21r 2008

Pages 1 through 38

PREPARED BY:

Haislip, Ragan, Green, Starkie & Watson, P.C.

566 South Perry Street

Post Office Box 62

Montgomery, AL 36104

Phone: (334) 263-4455

Fax: Q34) 263-9167

E-m ail : haislipr agan@ch arter.n et

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 2 of 13
Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 3 of 13
INTHE UNITED STATES DISTRICTCOURT

FORTHE MIDDLE DISTRICT OFALABAMA

NORTHERN DIVISION

RICI{ARD MARSHALL,

Plaintiff,

vs. CIVIL ACTION NO.

2:06-cv-701-ID.CSC

CHRIS WEST, in his individual

capacity, LASHUN HUTSON, in his

individual capacity,

Defendants.

********

DEPOSITION OF G. LASHUN HUTSON, taKen

pursuant to stipulation and agreement before Tracye

Sadler Blackwell, Certified Court Reporter and

Commissioner for the State of Alabamaatlarge, in

the Law Offices of Webb & Eley, 7475Halcyon Pointe

Drive, Montgomery, Alabama, on January 21,2008,

commencing at approximately 10:40 a.m.

********i. 

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Page 3

EXAMINATION INDEX

BYMR.LEWrS....... .... 5

PLAINTIFF'S ÐOIIBIT

6-28-05 Statement Form ofl¡shu¡ Hutson

** ***t*****t

STIPI.JLATIONS

It is hereþ stípulated and agreed by and

between corrnsel represcnting the parties that the

deposition of G. LASHLJN HUTSON is taken pursuant to

the Fsdcral Rules ofCivil Procedr¡re and tbat said

deposition may be taken beforà rracy;S"dl*

Blackwell, Certífied Court Reporter and

Çommis5is¡s¡ for the State of Alabama at l-arge,

without lhe formality of a commission, that

objections to questions other than objections as to

the form ofthe queslion need not be made at this

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APPEARANCES

ON BEHALF OF THE PLAINTIFF:

Mr. Jay Lewis

Law Oflices of Jay Lewis

Attomey at Law

847 South McDonough Street

Montgomery, Alabama

ON BEHALF OF THE DEFENDANTS:

Mr. Daryl L. Masters

WEBB &ELEY, P.C.

Attomeys at Law

7475 Halcyon Pointe Drive

Montgomery, AL 36117

Mr. Rick A. Howard

NIX, HOLTSFORD, GILLILAND, HIGGINS & HITSON

Attomeys at Law

Suite 300

4001 Carmichael Road

Montgomery, AL 36106

ALSO PRESENT:

Mr. Christopher West

*,t:t*****;8***

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as the said deposition may be offered in evidence

or used for any other purpose by either party

provided for by the Statute.

It is further stipulated and agreed by and

between counsel representing the parties in this

case that the filing of said deposition is hereby

waived and may be introduced at the trial of this

case or used in any other manner by either party

hereto provided for by the Statute regardless of

the waiving of the filin$of the same.

It is further stipulated and agreed by and

between the parties hereto and the witness that the

signature of the witness to this deposition is

hereby waived.

**

THE COURT REPORTER: Usual

stipulationS?

MR. HOWARD: Sure.

MR. MASTERS: Sure.

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Deposition of G. Lashun Hutson Marshall vs. West; Flutson January 21,2008

I (Pages I to 4)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 4 of 13
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Page 5

G. LASHUN HUTSON

The witness, after having first been duly sworn

to speak the truth, the whole futh, and nothing

but the truth, testified as follows:

EXAMINATION

BY MR. LEWIS:

a. Tell us your name, please.

A. G. Lashun Hutson.

a. Mr. Hutson, how are you employed?

A. Lowndes County Sheriffs Department.

Q. And whafs yourposition there?

A. Sheriffs deputy.

a. Do you have any particular rank?

A. No.

a. On June 28th, 2005.where were you

employed?

A. 2nd Judicial Drug Task Force.

a. Were you employed with any city police

agency?

A. Hayneville Police, yes, sir.

a. But now you're with the Lowndes County

Sheriffs Office?

A. Uh-huh þositive response).

PageT

enforcement?

A. Not over six weeks. Some two-week

courses. No six-week courses.

a. Do you have any particular certifications

in any special branch of law enforcement?

A. Drug enforcement.

a. How did you get your training for drug

enforcement?

A. The academy in Mississþi.

a. How long a course was that?

A. I think that course is three weeks, two

weeks.

a. When did you go to that?

A. About three and a half years ago.

a. Okay. And what's your address?

A. My work address or --

a. Physical, home address.

A. It's going tobe3716 Fieldcrest Drive.

a. 3716 --

A. t6.

a. -- Fieldcrest?

A. Uh-huh þositive response).

a. And what city is that?

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Q. You're going to have to say yes or no.

A. Yes.

a. Okay. Tell me about your educational

background.

A. My educational background?

a. Yeah.

A. High school graduate. I've got some

col.lege. Marine Corps. I've got a lot of

training from there. \

a. How much college?

A. Couple of semesters.

a. TVhen did you graduate from high school?

A. ',77.

a. Ail right. Have you been to any advanced

law enforcement training?

A. I've been to a few.

a. Ail right. Have you been to the FBI

Academy at Quantico? A. No.

a. Any law enforcement experience outside of

the academy that's required for POST

certification, any long-term - by that I

mean over six weeks -- courses in law

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Page 8

Montgomery.

Is that in the Fieldcrest Apartments?

No. Those are houses.

Houses. Okay. What's your date of birth?

9-21-s8.

And did you tell me when you graduated from

high school?

t977.

And what college have you attended?

Albany State.

Where?

Albany State in Georgia.

Albany State. Okay. And when did you join

the -- well, tell me about your law

enforcement employment experience. When

did you first get into law enforcement?

First got into law enforcement in 1995

after I got out of the Marine Corps with

the Dougherty County Sheriffs Department.

I worked corrections with them from'95

until'98 when I came to Lowndes County.

And in 1998 what agency did you work for?

Sheriffs department. Lowndes County

Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

2 (Pages 5 to 8)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 5 of 13
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Page9

Sheriffs Department.

How long did you stay with Lowndes County

Sheriffs Office?

About two years, three years. I can't

remember.

Where did you go from there?

Hayneville Police Department.

And did you remain at the Hayneville Police

Department from the time you left the

sheriffs offrce until the time you

returned to the sheriffs office?

Right.

So that would have -- when did you return

to the sheriffs office?

I can't give you the - I don't -- I don't

know.

But during 2005 you were still with

Hayneville Police Department?

Right.

All right. Are you familiar with the use

of force policy of the Lowndes County

Sheriffs Office?

I'm not familiar with it, but I think they

Page ll

a. In Hayneville?

A. In Hayneville.

a. Do you recall who else was on duty that day

with the DTF?

By DTF,I mean drug task force.

A. I can't tell you exactly who was on and who

was off. That would be up to Lieutenant

West. But I was on and Lieutenant Vy'est was

on.

a. Do you recall why you left the DTF office?

A. I probably left more than one time. But

the last time I left it was with Lieutenant

West.

a. Æl right. What did you leave in?

A. V/e left in a blue Lincoln.

Q. $fFáfwas thepurpose of leaving with

Mr. West?

A. Vy'e were going to a gentleman's house by the

nÍrme of -- I know him as "Blood." You guys

keep calling him Mr. Marshall - that lives

up in the -- south of Hayneville.

a. Did you know Mr. Marshall?

A. I had heard his name. "Blood."

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have one.

a. A[ right. Have you ever filled out a use

of force report?

No.

Tell me what you were doing on June 28th,

2005, which we all agree is the date of the

incident involving Mr. Marshall.

What I was doing at what time?

Well, starting early in that day what were

you -- when you got to work, what were you

doing?

It's hard to say exactly what I was doing.

At what time did you -- if you did, did you

leave the sheriffs office?

You mean the DTF office?

I'm sorry. The DTF offrce.

It's hard to say exactly what time I left.

And the DTF office is a separate facility;

correct?

Correct.

And where is the DTF offïce?

It's down the street from the sheriffs

office.

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a. Hadyoumethim?

A. Notyet.

a. Okay. So prior to the time that you went

out with Mr. West you had not had any law

enforcement contact with Mr. Marshall?

A. No,I hadn't.

a. Do you know why you were going out looking

for Mr. Marshall?

I was going with Lieutenant West. He

nèeded to talk to him.

You didn't have any independent knowledge

of why you were out there?

No. I had an inkling why we were out

there, but as far as specifics, no.

All right. What was that inkling?

Dope.

Had you personally received any information

about Mr. Marshall and any dope?

I had heard his name.

In connection with what?

In connection with the sale of drugs.

From whom did you hear his name?

People.

A.

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

3 (Pages 9 to 12)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 6 of 13
a.

A.

a.

A.

a.

A.

a.

A.

a.

A.

a.

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A.

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You want to elaborate on that?

No.

Do you recall what people you heard talking

about Mr. Marshall with drugs?

People in that line of business.

And whatpeople are you talking about?

People I may have arrested that wanted to

help themselves out.

Do you have any specific n¿rmes of people?

No.

All right. So you leave with

Mr. Marshall. Tell me what happens then.

Lieutenant and I, twe go to Mr. Marshall's

house. He wasn't there. We did knock.

Nobody came to the door. We left andwe

was having a conversation on the way back

about a little community I was familiar

with called Casey.

Is that C-A-S-E-Y?

Correct.

And what did you tell Mr. Marshall about --

I mean, Mr. V/est about the Casey community?

He asked me -- he said, where is it? I

Page 15

to arrest Mr. Marshall?

No.

Since ttris incident have you had occasion

to know whether Mr. Marshall has been

arrested by anybody else?

No.

So you see a blue Chevrolet Nova after

Mr. 'West 

says there's his car or there he

is?

Uh-huh (positive response).

Okay. IVhat happens then?

Lieutenant goes down. 'We 

pass each other.

Lieutenant turns around and we come back up

behind him to make a stop.

And what was your purpose for making a

stop?

I -- I don't know. 'Whatever Lieutenant

West told you his probable cause was for

stopping him.

Did you see any probable cause for making a

stop?

I wasn't driving.

No. That wasn't the question. Did you see

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said, it's right down on County Road 7. I

said, he might be down there. And so we

were going to head down there. I was

looking for another individual. And as we

were going down County Road 7, Lieutenant

perks up and said, there he goes right

there. And I'm looking and I see the blue

Nova coming at us.

a. Whqis driving the car?

A. Which car?

a. Your car.

A. Lieutenant West.

a. Ail right. What reason did you have to

believe that Mr. Marshall might be at the

Casey community?

A. I've heard his name in the community of the

drug community that he's a drug dealer and

he, you know, frequents different

communities and Casey was one of them.

a. Other than this incident on June 28th,

2005, have you ever arrested Mr. Marshall?

A. No.

a. Since this incident have you had occasion

Page l6

any probable cause for making a stop?

I wasn't driving.

Let me rephrase the question.

Okay.

Did you see any probable cause for making a

stop?

Let me see if I can -- I wasn't driving.

MR. HOWARD: If you saw it, yes.

If you didn't see it, no, or

rwere you looking? Just answer

his question.

No. I just looked -- when he said there he

is, I looked and I identified the subject.

I wasn't looking for a probable cause.

So you didn't see any probable cause

because you weren't looking for any?

Right.

Okay. So if there was probable cause

determined, it was Mr. 'West who determined

it?

Correct.

Okay. You said that you looked and you saw

that it was Mr. Marshall?

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

4 (Pages 13 to 16)

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A. I looked and saw an individual driving the

car. There was two individuals in it, and

I looked and saw the individual driving the

car.

a. You didn't know him as Mr. Marshall?

A. No.

a. Because you had never met Mr. Marshall?

A. No.

a. All right. So Lieutenant rWest turns his

car around and pulls in behind

Mr. Marshall's car or the car that you've

identified as being the blue Nova you were

looking for?

A. Right.

a. How fast was that Nova going?

A. I would have guessed the speed limit. - ---

a. Did he speed up after you pulled in behind

it?

A. Once we got on 21 he did.

a. Buthe didn't until you gotto 217

A. No.

a. All right. What happened after you pulled

in behind him?

Page 19

A. Yes. \ü/e had came out of the curye. When

we got on the straightaway, Lieutenant got

to the side of them.

a. IVhat, if anyttring, did you do at that time?

A. At that time I rolled my window down, I

pulled my badge, and I said, pull over.

And he looked, and he said, what y'all

want, man? And I said, pull over. And he

kept driving.

a. What happened then?

A. After he got back behind him - I can't

remember if it's because of oncoming

traffic or for whatever reason he got back

behind him. And the blue light was still

going. And then we had came to the

intersection of 2la. All right. IVhich way did Mr. Marshall

turn?

A. He turned right.

a. And that's headed toward Wilcox County?

A. South on 21, yes.

a. So you got onto Highway 21, which is a

larger highway?

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A. I looked - 

just looked in the carjust to

see -- nobody was moving and Lieutenant

said, go ahead and light them up.

a. And what did you take that to mean?

A. Turn the blue light on.

a. Did you do that?

A. Yes.

a. That car doesn't have built-in blue lights?

A. No.

a. You had aportable blue light? \

A. Had a portable blue light.

a. Like anybody could buy?

A. Any law enforcement agency could buy.

a. Ail right. And where did you put that blue

light?

A. I put it on the dash initially.

a. Okay. And what happened then?

A. Mr. Marshall looked in his rear-view

mirro¡ he looked down in his side mirroç

and he just kept driving.

a. At some point did your carpull up next to

his car while you were still on County

Road 7?

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You could say larger.

Still twolane?

Correct.

Okay. What happened then?

V/e continued behind him. LT found a spot.

He got beside him again. And I reached up.

I got the light off of the dash. Ifs

still blinking blue. And I got my badge

and I held it up. I said, pull over. And

he said, mother fuck y'all, I ain't

stopping. And about that time LT yells in

my ear and says, pull over, and he -- he's

got his badge up. And we're both yelling,

windows down -- you can imagine how close

we were - to pull over, but he still

refused.

rWhat were you wearing?

I can't tell you exactly what I was

wearing.

Civilian clothes? l

Probably. 

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IVas that just a blue light or was it a I

blue-and-white light? l

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

5 (Pages 17 to20)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 8 of 13
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It's a blue light.

Blue light. All right. So after he did

not pull over, what did you do then?

I told LT I don't think he's going to

stop. And I put the light back on the dash

and I sat back. LT dropped back behind

him.

At any point did you display a weapon --

No.

- at the time you were driving?

No.

All right. So Lieutenant West - and when

you say LT, you're talking about Lieutenant

V/est?

I'm talking about Lieutenant West.

Okay. Lieutenant West pulls back behind

him; correct?

Correct.

What's the next thing that happens?

We come up on acattle truck. There's a

cattle truck. It slows us down. And LT

went to the side, and he "pitted" him.

Okay. When you say he'þitted" him, you're

Page23

window and when he tossed something. It

hit our windshield to be exact.

a. And did you identify what it was at that

time?

A. Not at that timg no.

a. You said you came up behind a cattle truck

and slowed down. How slow were you going?

A. We were going less than the speed limit at

that time.

a. Had you been going at any time prior to

that faster than the speed limit?

A. Yes.

a. How fast would you say is the fastest you

were going?

A. If I had to guess -- and ifs purely a

guess - I would say about 70.

a. Okay. And the speed limit on that road

is --

A. 55.

a. 55. Okay.

All right. So setting the scene,lve've

now got Mr. Marshall's car on the shoulder

of the road facing back toward Hayneville,

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talking about executing a precision

intervention technique?

If that's what you're calling it now.

Well, what do you call it?

I don't call it anything.

Okay. You just "pittedu him?

Right.

And basically that's hitting the driver's

side fender of his car with the front

passenger's side bumper or fender of your

car?

You can do it that way or vice versa.

rWell, which way was it done this time?

The way you just stated.

Okay. And it spun his car out?

Correct.

He ended up going the opposite direction on

the other side of the road?

On the shoulder, yes.

Did you observe anything else while you

were driving down the road behind

Mr. Marshall?

I observed his hand when it came out of the

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and Lieutenant West pulls his car so it's

angled toward Mr. Marshall's car?

Correct.

What did you do then?

We both exited the vehicles, but we stayed

behind the doors for protection.

What did you say, if anything?

Lieutenant was yelling to the driver. I

just yelled to the passenger, passenger,

don't move.

And did the passenger move?

No. He sat there like a statue.

And did the driver move?

Yes.

And what was Mr. West yelling to the

driver?

He told him to exit the vehicle and get on

the ground.

All right. What, if anything, did Mr. West

do -- or did Mr. Marshall do in response to

that?

He opened the door. He got out, but he

stayed between the door and his vehicle.

Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

6 (Pages 2l to 24)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 9 of 13
a.

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So he obeyed the command to get out of the

car?

Yes.

Was he saying anything atthattime?

He was cursing, being very belligerent.

What, if anything, did Mr. V/est do?

He kept yelling the order for him to get on

the ground.

All right. Did he take any other action?

Did who take any action?

Mr. West.

He kept yelling for Mr. Marshall to get on

the ground.

All right. Did he fire his weapon?

Yes.

In what directiôããid hãfire his weapon?

In Mr. Marshall's direction but into the

ground.

And at that time were you looking at the

passenger or were you looking at

Mr. Marshall? Where were you looking?

My angle, I could see them both. I could

look at Mr. Marshall and right past him I

Page27

close enough to him where he could put his

hands on him, he put him on the ground.

a. At some point did his pants come off? Did

Mr. Marshall's pants come off?

A. During the tusslé with the lieutenant they

did.

a. Did you see Mr. Marshall ever take a swing

at the lieutenant, ever try to run away,

anyttring like that?

A. Nothing like that, no.

a. So Mr. Marshall ends up on the ground with

his hands behind him cuffed?

A. After Lieutenant put his hands behind him

cuffed.

a. Right. And what's happening with the

passenger all this time?

A. I've still got my weapon on him and he's

still sitting there like a statue.

a. At any time did you feel the need to go to

the aid of the lieutenant?

A. No. He was doing pretty good.

a. A[ right. At wha! point did the passenger

emerge from the vehic'le?

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could see the passenger.

a. A[ right. And after Mr. West fired the

shot, what, if anything, did Mr. Marshall

do?

A. Itfroze him. Because Mr. Marshall was

reaching back into his vehicle, and I

believe that's the reason Lieutenant fired

his weapon. When he fired the weapon, it

froze Mr. Marshall, and he came out.

Because I don't think he expected that to

happen, so it froze him.

a. So you're holding your hands up. He came

out with his hands up?

A. Yeah, one on the window of the car and he

had the other one like stunned.

a. Up in the air?

A. (Witness nods head.) -.

a. Yes?

A. Yes.

a. Did he get on the ground then?

A. No.

a. What happened?

A. Lieutenant approached him, and once he got 

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Once Lieutenant got the cuffs on

Mr. Marshall, then I proceeded around to

the passenger.

And did the passenger cooperate with you?

Yes, sir.

And you cuffed him and put him on the

ground?

Got him out and then I sat him on the bank

there.

Tell me what happened then.

I walked back to the vehicle where

Lieutenant was with Mr. Marshall. When I

looked inside, I saw the .357 on the seat.

And that was a.357 Magnum revolver?

Yes.

Did you search the vehicle?

I can't remember if we searched it right

then or if we searched it later. But we I

I

looked in it enough to see that there was a I

.357 on the seat, bullets on the floorboard I

and in the ashtray. 

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

7 (Pages 25 to28)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 10 of 13
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Page29

later, you found anything else of

contraband nature?

Nothing that I can think of no, sir.

Just kind of cutting to the chase, did you

see Mr. Vy'est serve Mr. Marshall?

I saw him pat him down.

Did you see him remove anything from his

pants?

No.

Did you see him remove any money?

No.

Vy'ere you watching him enough to know

whether or not he removed any money?

I watched him enough to know that he had

him secured so I could go secure the

passenger.

So there was a period of time that you just

lost sight of what Mr. V/est and

Mr. Marshall were doing?

Yes.

Because you were concentrating on the

passenger?

Correct.

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on the ground?

Right.

And could that have been while the

lieutenant was searching the vehicle?

The lieutenant was leaned over in the

vehicle, yes.

On the way back to the sheriffs office

what, if anything, happened?

Happened with me?

Yeah.

Nothing happened with me.

You didn't stop at the side of the road?

We stopped when the marked unit got -- tire

started to go down; And I don't remember

that whole incident fully because I wasn't

concentrating on that.

Did you assist in the roadside search for

any contraband?

Yes.

And was any contraband located?

We located a corner-torn baggy.

And describe that baggy for me.

A sandwich bag where you would take the

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I think we've already heard that at that

point Mr. West called for a transportation

unit, a marked unit, and that another

deputy c¿lme, took Mr. Marshall away, and

the passenger rode with you; is that

correct?

No.

Okay. Tell me what happened.

The passenger rode with the lieutenant. I

drove the Nova.

Okay. All right. Following the incident

at which Mr. Marshall was handcuffed, did

you see Mr. Marshall become violent in any

way?

IVhile the lieutenant was in the car, he had

gotten back up off the ground. And I told

him - I said, get back on the ground. And

I had to go over and put him back on the

ground.

But he didn't attempt to run away?

I don't know if he was attempting to run

arü/ay or not, but he got up.

But you walked over to him and put him back

Page32

corner end and tear it offand tie a knot

in it. Thafs what it looked like.

a. And who took custody of that?

A. The lieutenant did.

a. During that period of time was the

passenger in Mr. Marshall's vehicle still

in the lieutenanfs vehicle?

A. I can't recall.

a. Did you have any role in booking

Mr. Marshall or the passengei?

A. No.

a. You delivered the passenger where?

A. I didn't deliver the passenger.

a. Oh, that's right. Mr. West did, didn't he?

A. Uh-huh þositive response).

a. IVhat did you do with the vehicle?

A. I parked it in front of the jail.

a. Do you know whether or not that vehicle was

moved during the period of time that

Mr. Marshall was injail?

A. Lieutenant came out from where I hadparked

it. He told me to put it inside. They had

a secure gate there that locks, and he told

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

8 (Pages 29 to32)

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Page 33

me to move it and put it inside. That's

the only other incident of it being moved

from where I originally parked it.

a. Do you know whether that car was driven

during any time other than that while

Mr. Marshall was incarcerated?

A. No.

a. Did that ChevroletNova have shoulder

harnesses?

A. I can't recall. I wish I could.

a. Ail right. I have shown you what's marked

as Plaintiffs -

(Brief inten'uption.)

(Plaintiffs Exhibit 7 was marked

for identification.) q.fil itrow you this one instead of that

one. Do you recognize what I've marked as

Plaintiff S Exhibit Number 7?

A. Uh-huh þositive response). Yes.

a. Turn to the second page of that. Whose

signature is that?

A. That's mine.

a. And did you write this yourselfl

Page 35

apolicy -- we would put it in our

statement.

So this Plaintiffs Exhibit Number 7 would

constitute any report that you would be

required to file?

IfI had used force.

Were you reprimanded for anything that

happened on that date?

No.

Have you ever been reprimanded by the

Lowndes County Sheriffs Office?

Yes.

For what?

Oh, I can't remember. It was during

Sheriff Varner's time.

You can't recall anything that you were

reprimanded for?

Once about a radio. That's -- not

answering the radio or the radio not being

loud -- I can't remember. It was a radio

though.

Anyttring having to do with citizen

complaints?

a.

A.

a.

A.

a.

A.

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A.

a.

A.

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A. Yes.

a. All right. And I just want to take a look

at it forjust a second.

About two-thirds down the frontpage it

indicates that Mr. Marshall accelerated at

one point throwing something from the

driver's side window that was later found

to be drug evidence between the 102 and 104

mile marker.

Uh-huh þositive response).

Did you later discover that there was no

drug residue found in that baggy?

Yes. Later, after Lieutenant had got the

analysis back from forensics, he told me

that it turned out to be no evidence in it.

Okay. I may have asked you this, and if I

did, I.apologize. Did you fill out a use

of force form with regard to any activity

in which you engaged on June 28th,2005?

No.

Is there a policy of the drug task force

that such reports be filled out?

If use of force was used -- I'm not sure of

A.

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Page 36

I'm pretty sure some citizens have

complained.

But were you ever disciplined in connection

with citizen complaints?

No. No.

Has your POST certification ever been

suspended?

No.

MR. LEWIS: Give us a minute.

(A brief recess was taken.)

(Mr. Lewis continuing:) Did you have

any -- and I may have asked this already.

Did you have any part to play other

than writing that statement that's been

marked as Plaintiffs Exhibit Number 7 in

the booking or prosecution of Mr. Marshall?

No, sir.

Did you appear at court in connection with

a case against Mr. Marshall?

No.

MR. LEWIS: That's all I have.

(Deposition concluded at

approximately I 1: 15 a.m.)

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

9 (Pages 33 to 36)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 12 of 13
Page37

I {c*{3**¡ß¡t***

2 FUR.THER DEPONENT SAITH NOT

3 ******¡t:tt*

4 REPORTER'S CERTIFICATE

5 STATEOFALABAMA:

6 MONTGOMERYCOUNTY:

7 I, Tracye Sadler Blackwell, Certified

8 Court Reporter and Commissioner for the State of

9 AlabamaatLarge, do hereby certiff that I reported

l0 thedepositionof:

II G. LASHT'NHUTSON

12 who was duly swom by me to speak the truth, the

13 whole truth and nothing but the truth, in the

14 matter of:

15 RICHARD MARSHALL.

16 Plaintiff,

l7 vs.

l8 CHRIS WEST, in his individual

19 Capacity, LASHT N HUTSON, inhis

20 Individual oapacity,

2l Defendants.

22 INTHE{.JMTEDSTATESDISTRICTCOI.'RT

23 FORTHEMIDDLEDISTRICTOFALABAMA

Page 38

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NORTHERN DIVISION

Case Number 2:0 6-cv -7 0 I -ID. CSC

on January 21,2008.

The foregoing 37 computer-printed pages

contain a true and correct transcript ofthe

examination of said witness by counsel for the

parties set out herein. The reading and signing of

same is hereby waived.

I further certiff that I am neither of

kin nor ofcounsel to the parties to said cause nor

in any manner interested in the results thereof.

This 6th day of February 2008.

l6

Tracye Sadler Blackwell

ACCRNo.294

Expiration date: 9-30-2008

Certified Court Reporter

and Commissioner for the State

ofAlabama atLarge

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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

l0 (Pages 37 to 38)

Case 2:06-cv-00701-ID-CSC Document 33-5 Filed 02/12/2008 Page 13 of 13
EXHIBIT 7

Case 2:06-cv-00701-ID-CSC Document 33-6 Filed 02/12/2008 Page 1 of 3
(

(

2nd Judicial circuit

Drug Task Force

Statement Form

Ðate: June 28,2005

Time: 18:20

Name: Agent G. LaShun HÚson

On above date atapproximately 1 :00 pm myself andLt. C.S.'West were traveling Nortli

on county Road 7 in Lowndes county when we;met Ìvh. Richard Marshall traveling

southin a eæly model blue chewoletNova. Lt. West stated "That's the vehicle" and

began to tum around in an attempt to catch up to the vehicle. once behind the vehiole the

blue light was placed on the dash of our vehicle to alert the driver that he was being

stopped, the d¡iver looked in his rear view mirror and left side mirror and continued to

drive and began to move a¡ound in the seat and appeared to be reactung for something in

the seat with his right hand, I statcd to Lt. 'West " Lt. he's moving around alotldon't

think he,s going to stop,, at which time Lt. 'TVest stated "I don't either," at that point we

were approximately 2%'milesfrom the intersection of County Road 7 and State Highway

21,. Lt.West pulled our vehicle along side Mr. Marshall and I showed him my badge and

the blue light and yelled for him to puil over at which time Mr. Marshall stated " Man

what the fuck ya'll want" and continued to drive North on County Road 7' We reached

State Highw ay 2l andMr. Marshall turned south and accelerated at one point tkowing

something from the driver side window that we later found to be drug evidence between

the lI2and 104 mile marker. Mr. Marshall continued South on State Highway 2I,Lt'

v/est oame along side Mr. Marshall for a second time and I again yelled to Mr' Marshall

to pull over at which time he stated "Motherfuck ya'il, I ain't stop?in" At that point Lt'

West forced À/ir. Marshall to the shoulder of the road and we exited our vehicle with our

guns drawn and ordered Mr. Marshali to exit his vehicle with his hands where we could

see them, Mr. Marshatt exited his vehicle with a very betligerent attitude and cursing' Lt'

\)fest ordered Mr. Marshali to get on the ground and lvlr. Marshall turned as if he was

Case 2:06-cv-00701-ID-CSC Document 33-6 Filed 02/12/2008 Page 2 of 3
getting back into the vehicle and Lt. 'West fued. his service weapon into the ground and

stated "Don't get back in that vehicle, get on the ground" Mr. Marshall paused , still

being belligerent and cursing at which time Lt. 'West approached him and put him on the

ground by force and cuffed him during which time I had turned my attention to the

passenger and approached his side of the vehicle and removed him without inoident and

cufFed. Once both parties were seouro Lt. \Mest æd I looked into the vehicle and saw

what later became known to us as a Rossi .357 Revolver fully loaded Ït'ith 6 (six) Hollow

Point bullets and an additional 34 (thirly-four) more bullets in the ashttay and on the

floor, I asked Mr. Marshall was that his \ileapon on the seat and he stated "'TVhat ever you

see is yours because you put it there, ya'll motherfuckers good for that shit'" Mr'

Marshall and his passenger were t¿ken to the John Hullett Detention Facility to be

processed by a Lowndes County SheriffDeputy as Lt. V/est and I retuned to the area

where we sa\ry Mr. Marshall throw something from the car and Lt. west recovered a

empty tom baggie tbatatone time had oontained a controlled substance'

*rrrr",o.

Case 2:06-cv-00701-ID-CSC Document 33-6 Filed 02/12/2008 Page 3 of 3
Case 2:06-cv-00701-ID-CSC Document 33-7 Filed 02/12/2008 Page 1 of 5
Case 2:06-cv-00701-ID-CSC Document 33-7 Filed 02/12/2008 Page 2 of 5
Case 2:06-cv-00701-ID-CSC Document 33-7 Filed 02/12/2008 Page 3 of 5
Case 2:06-cv-00701-ID-CSC Document 33-7 Filed 02/12/2008 Page 4 of 5
Case 2:06-cv-00701-ID-CSC Document 33-7 Filed 02/12/2008 Page 5 of 5
EXHIBIT E 

Deposition of Richard Marshall 

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 1 of 41
DEPOSITION OF RICHARD MARSHALL

November 14r 2007

Pages L through 156

PREPARED BY:

Haislip, Ragan, Greeno Starkie & Watson, P.C.

566 South PerrY Street

Post Office B,ox 62

Montgomery' ^L 

36L04

Phone: (334) 263'4455

Fax: (334) 263-9L67

E-mail : haislip r agan@charter.net

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 2 of 41
Deposition of Richard Marshall November 14,2007

Page I

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IN THE TJNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

zuCTIARD MARSHALL,

Plai¡tiff,

vs. CTVIL ACTION NO.

2:06-cv-70lJD.CSC

CHRIS WEST, in his individual

capaciry, LASI{[,N HUTSON, in his

individual capacity,

Defendants.

*************

DEPOSITION OF RICHARD MARSHALL, taken

pursuant to stipulation and agreement beforc Lyn

Daugherty, ACCR #66, Cerlified Court Reporter and

Comrnissioner for the State of Alabama at targe, in

the Law Oflices of Webb & Eley, 7475 Halcyon Pointe

Drive, Montgomery, Alabama, on Wednesday, November

14,2007, commencing at approximately 10:00 a.m.

************t

Page 3

Photograph

Photograph

Photograph

MapQuest map

Interview sheet

Photograph

Photograph

Photograph

Photograph

Photograph

Inmate properly release slip 133

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**{<{r*{c:f*{€*,lct*

Page2

APPEARANCES

FOR THE PLAINTIFF:

Mr. Jay læwis

Mr. Fred L. Clements

LAW OFFICES OF JAY LEWIS

Attomeys at I¿w

847 South McDonough Street

Montgomery, Alabama 36104

FORTHE DEFENDANTWEST:

Mr. Gary rür'ilford

Mr. Daryl L. Masters

ÏVEBB & ELEY, P.C.

Attomeys at Law

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l0 7475 Halcyon Pointe Drive

P.O. Box 240909

ll Montgomery, Alabama 36124

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14 EXAMINATION INDEX

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RICHARDMARSHALL

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EXHIBITINDEX

Defendant

I Alabamaunifonnanestreport

(lndex continued on next page)

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I STIPULATIONS

2 It is hereby stipulated and agreed by and

3 between counsel representing the parties that the

4 deposition of RICHARD MARSHALL is taken pursuant to

5 the Federal Rules of Civil Procedure and that said

6 deposition may be úaken before Lyn Daugherly,

7 Cerûiñed Shorthand Reporter, and Commissioner for

8 the State of Alabama at Large, without the

9 formality of a commission, that objections to

10 questions other than objections as to the fonn of

11 the question need not be made at this time but may

12 be reserved for a ruling at such time as the said

13 deposition may be offered in evidence or used for

14 any other purpose by either party provided for by

15 the Statute.

16 It is further stþulated and agreed by and

17 between counsel representing the parties in this

18 case that the filing of said deposition is hereby

19 waived and may be introduced at the trial of this

20 case or used in any other manner by either party

2l hereto provided forby the St¿tute regardless of

22 the waiving of the filing of the same.

23 It is further stipulated and agreed by and

I (Pages I to 4)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 3 of 41
rn of Richard Marshall

Page 5

'etween the parties hereto and the witness that the

ignature of the witness to this deposition is

rereb/ waived.

*:Ë***c*{c*cX*:F*

RICHARD MARSHALL

The witness, after having first been duly sworn

r speak the truth, the whole truth and nothing but

he truth testified as follows:

EXAMINATION

}Y MR. WILFORD:

a. Would you please state your name for the

record, sir.

A.. Richard Marshall.

a. Mr. Marshall, my name is Gary Wilford, and

together with Daryl Masters, who is also

here in the room, we're representing the

defendants that you have sued in this

case -- well, excuse me -- one of the

defendants that you've sued in this case,

Chris West. Where do you live?

4.. Lowndes County, Farmersville.

l. How long have you lived there?

A.. Basically all my life.

l. Have you ever given a deposition before? \. No, sir.

?. Let me coverjust a few ground rules here.

As you can see, we've got a court reporter,

and one of the things that she's doing is

she's taking down evèrything that we're

saying in the room here today; okay? And

I'm going to be asking you some questions

and you're going to be answering those

questions for me. And when you do that,

because we've got the court reporter here,

there's a couple of things we need to keep

in mind. The fïrst thing is let's try not

to talk over the top of each other because

it makes it difficult'for her to get a good

transcription down. IVait for me to ask my

question completely and then go ahead and

give me a verbal response. And by that I

mean a yes, no, or whatever it may be.

Shaking your head and saying huh-uh and

uh-huh as we tend to do in normal

conversation is, again, one of those things

that's kind of hard for the court reporter

November 14,200'l

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to get down. If I ask a question that you

don't understand, please let me know and

I'll be happy to rephrase it, try to put it

anotherway so that you know exactly what

it is that I'm asking you; all right?

A. Okay.

a. Because when I ask you a question and you

give me an answer, I'm expecting that you

understood my question. Can we have that

understanding?

A. Okay.

a. This isn't an inquisition. If you need a

break, if you need to talk to your lawyer,

get something to drink, whatever the case

may be, let me know and we can take a

break; all right?

A. Okay.

a. And we'll probably do it on our end once or

twice as well.

A. All right.

a. Other than your lawyers, who are with you

here today, have you spoken with anyone to

prepare for your deposition today?

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Page 8

No, sir.

I noticed when you came in this morning I

saw you and Mr. Carmichael walking up

together. Did y'all ride in together

today?

Yes, sir.

Did y'all talk about this case on the ride

up?

No, sir. .

Have you ever talked to Mr. Carmichael

about this case?

No, sir.

At any time?

No, sir.

Are you related to Mr. Carmichael?

Yes. My cousin.

Cousin?

(Witness nods head).

Did you review any documents in preparing

for your deposition today?

Not today, but I have - through my lawyer

I have.

To prepare for this deposition?

5to8)

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Deposition of Richard Marshall November 14,2007

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Not to prepare for the deposition, but for

the case.

What documents did you review?

Just basically disclosure, whatever from

the other party.

The information that we gave You?

Yeah.

Anything that you provided your attorneys,

any documents you provided your attorneys?

None other than what y'all requested.

What's your date of birth, sir?

2/24174.

And how old does that make you? I'm not

very good at math.

33.

Where were you born?

Lowndes County. Well, Farmersville through

the - what did they call it back then?

Housewife? Selma Hospital is where I was

taken. I was born at home.

With a midwife?

Midwife, yeah.

Okay. Igotyou.

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A. We never actually lived together. She was

in the service at the time. Never shared a

residence.

a. A[ right. Do you work now, sir?

A. No, sir.

a. What was the last job that you held?

A. M & M Logging last -- I think I was laid

offJanuary oflast year.

a. January of '06?

A. Yes, sir.

a. How long did you work for them?

A. I think I was employed around August'05,

somewhere August'05.

a. And worked with them until January of '06?

A. Yes, sir.

a. What did you do for them?

A. I was a topper. Operate power saw.

a. How much did you getpaid there?

A. I was making $10 an hour.

a. Who was your supervisor?

A. David Matthews.

a. Did you work prior to August of '05?

A. The last job before that was Alabama

Page l0

Are you married?

A. No, sir.

a. Have you ever been manied?

A. Yes, sir.

a. How many times have you been married?

A. Once.'

a. And who were you married to?

A. Stephanie Mallory.

a. When were y'all married?

A. In'97. May, I think.

a. How long did y'all stay manied?

A. Well, the divorce hasn't been finalized.

a. So technically you're still married to her;

is that right?

A. Yes.

a. When did y'all file for divorce?

A. Well, she was in the service. She was

really supposed to be handling that. And I

haven't really been in contact with her

over the years. Just hasn't been

fïnalized.

a. lVhen was the last time that y'all lived

together?

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Power. I got laid off in'04.

Do you remember about what month that waS?

January.

January is not a good month for you, huh?

Well, you know, it was shutdown jobs.

Conhact's up. Layoff time.

How long did you work for Alabama Power?

I started December the previous year. That

would be'03, December'03.

So that was only about a two-month temp -

job? Is that about right?

Somewhere around there. I caught the end

part of the contract. I worked through my

uncle. He was the supervisor.

Who was your uncle?

Curtis Marshall.

Prior to December of '03, when was the last -.

time thatyou worked?

I have to say it would have to be Big Lots

in Montgomery. I think that's what ...

When did you start working for Big Lots?

I would say September of '99.

And you worked for them until when?

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 5 of 41
Deposition of Richard Marshall November 14,2007

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A. I want to say November -- I think it was

November 2000, somewhere along in there.

a. What did you do for Big Lots?

A. Forklift operator.

a. Forklift operator?

A. Yeah.

a. And what did you do for Alabama Power? Let

me go back to that.

A. I was a cement finisher helper. Mxed

mortar, poured concrete.

a. And what did you get paid when you were at

Alabama Power?

A. I was making 15.50, something like that.

a. What was your rate of pay at Big Lots?

A. Start pay was 7.50 and end off àt like $10.. -

a. Have you ever owned your own business?

A. No, sir.

a. Never been self-employed?

A. Not really. Well, I contract barber, a

hade of mine, hair cutting. But I never

owned my own business.

a. rWhen did you do that?

A. '93 out of high school a couple of years

Page 15

Lowndes County pretty much all your life.

How long have you lived at that address?

That's my mother's address. Most all my

life I stayed next door with my grandmother

most of my life until I moved out with a

friend or two.

Where were you living in 2005?

Still Lowndes County off of Highway 2l with

a friend.

The whole year?

Yeah. Yeah.

What's the address at your grandmother's

house that you said is next door?

It's probably going to be - Probably -

I'm not sure. The address has changed. It

used to be Route 2, Box 140, but I'm not

sure. I'm not sure right now. I know

that's the old address, Route 2,Box 140.

Do you have any children, Mr. Marshall?

Yes.

How many children do you have?

Two boys.

Are any of them 19 or older?

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offand on.

Did you graduate from high school?

Yes, sir.

What high school did you graduate from?

Cenhal High, Hayneville.

What year did you graduate?

'92,

Have you ever attended a college?

Briefly J.P. Tech for barbering. But I

found out I have to have a license to cut

hair. V/ent straight to the barber shop.

And that was here in Montgomery; right?

Yeah.

lVhen did you attend J.P. Tech?

I think it was '93.

Any other college or trade school that you

have?

No, sir.

Now, you live at 64 Youngblood Road in

Farmersville; is that right?

Yes, sir.

And how long did you tell me that you've

lived there? You 9a!d you've lived in

a.

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No, sir.

Do you have a lot of relatives in Lowndes

County?

Fairly, but not a lot. Close relatives.

MR. WILFORD: Jay, can we get a

stipulation, just for the

venire information, that he'll

give us a list of relatives in

the middle district?

MR. LEWIS: Sure.

MR. IVILFORD: That will save us

some time.

Are you a member of a trade union?

No, sir.

Do you go to church?

I used to. I haven't been in a while.

When you went to church, what church did

you attend?

First Baptist in Farmersville.

Are you a member of any social

organizations like, you know, Elks, VFW,

anything like that?

No. sir.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 6 of 41
Deposition of Richard Marshall November 14,2007

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Other than this lawsuit that we're here on

today, have you ever been apa{y in anY

other lawsuit either as aplaintiff or a

defendant?

No, sir.

So this is your first one?

Yes.

We had asked you in the interrogatories if

you had ever been arrested before, and you

gave us three arrests; one in April 25th'-

25 of '97 in Butler County, the second one

was the one that we're here -- I'm sorry --

the second one was in'98 in Tuscaloola, 

'

and the third one was the one that we're on

here today. Do you have any otherarrests

besides those?

No, sir.

(Defendant's Exhibit I was marked

for identification.)

Let me show you what I'm going to mark as

Defendant's Exhibit l. Let me give you

just a minute to take a look atthat,

Mr. Marshall.

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charges?

Yes.

Is that what you're telling me?

Yeah.

Do you remember who it was that arrested

you on this June of '07 arrest?

The officer -- my first time seeing him.

But they did call Shawn Hutson up. When

they ran my name, he was the fïrst offlrcer

pulled up. So they pulled him up and they

took me in.

Oh, you're saying Shawn Hutson came to

the -

A. Yes, sir.

a. -- to the stop?

A. Yep.

a. But he wasn't the one who originally pulled

you over; correct?

A. He didn't pull me over.

a. Do you remember what department that

officer might have worked from, the one who

originally pulled you over?

A. Oh, it was Lowndes CountY.

A.

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(Brief pause.)

Have you had a chance to take a look at

that?

Yeah.

Does that refresh your recollection as to

any other arrests you might have had?

Yeah. I forgot about that. Seat belt,

whatever it was. I think it was June -- I

want to say June.

June of this year?

Yeah.

Were you actually incarcerated as a result

of that arrest? Put in jail?

Yeah. I was taken in for three days, but I

got a chance to talk to the judge. It was

a miss - following the incident we're here

now on. They suspended my license for a

ticket that I already sat out while I was

in there. She took the ticket up plus the

ticket that they wrote me that day and

released me.

So you spent two days in jail on this

charge and then the judge dismissed all the

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Was it the DTF?

Just a regular city coP, whatever.

City or county?

County, city. I mean' I don't exactþ know

which one it was.

Do you remember what color uniform the

officerwore?

I want to say dark-colored, dark-colored

uniforms. May be county. In a white

vehicle. \

All right. Other than this one and the

tlree that you told us about in the

interrogatories, any other arrests?

No.

On the first arrest in April of '97, did

you have to spend any time in jail on that

one?

'97,yeah.

How long did you spend in jail on that one?'

Approximately two or three weeks before the

charge was dropped.

Do you know why the charges were dismissed?

Yeah. It was bogus charges. It was a

5 (Pages l7 to20)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 7 of 41
. Deposition of Richard Marshall November 14,2007

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misunderstanding between me and my kids'

mom. She went down there to make false

statements about a vehicle we purchased

together, and two or three weeks later she

came to an agreement and dropped the

charge.

a. You say your kids' mom. Is that the lady

that you're currently married to?

A. No, sir.

a. What was that lady's name?

A. Which one?

a. The mother of your children.

A. Shavonne Bailey.

a. Do you know where she lives now?

A. Tuscaloosa

a. Was she the one that was involved in the

arrest in Tuscaloosa in'98?

A. Yes, sir.

a. Do you have an address on Ms. Bailey?

A. Not off the top of my head, but I have it.

I have an address, but I don't know it by

heart.

a. Do you know her phone number?

Page23

A. Yes, sir.

a. Any other times that you've been in jail

that we haven't talked about?

A. No, sir.

a. Have you ever been treated for alcohol or

drug addiction?

A. No, sir.

a. Ever been treated for mental illness?

A. No, sir.

a. All right. Let me draw your attention to

the day that this incident that this

lawsuit is about occurred. Would you agree

with me that that was June 28th of 2005?

A. I would agree.

a. Do you recall what day of the week that

was?

A. I think it was Tuesday.

a. You weren't employed on June 28th of '05,

were you?

A. No, sir.

a. What did you have to do that day, if

anything?

A. Early that morning I went to my aunt's

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I don't know it by heart either.

When was the last time you talked to her?

Last month.

Did you spend any time in jail in

Tuscaloosa?

Overnight.

Just overnight?

Yeah.

That was in Tuscaloosa City Jail?

Yeah.

Or the county jail?

I'm not sure. I'd have to look at the

paper and see. It's been a while.

The arrest in Butler County, were you in

the Butler County Jail? It says you were

arrested by the Butler City Police

Department

\Mell, they only have one jail. I don't

know whether ifs under the city or the

county. It's the only one they have --

still have.

All right. And you've been in the Lowndes

County jail twice; is that correct?

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house and we pulled the motor and

transmission out of a vehicle.

a, You said we. Who is we?

A. Me and Kevin and two more cousins.

a. Kevin Carmichael?

A. Yes, sir.

a. Who were the other two cousins?

A. Darrell Howard, Charles Howard.

a. And you said you were pulling a motor out

of a car?

A. Yeah.

a. Was it your aunt's car?

A. No. It was my cousin's car.

a. Were you being paid to do that?

A. No.

a. What time did you get up to go pull that

motor?

A. Probably about eight o'clock.

a. Did you have anything to eat when you woke

up?

A. No, sir.

a. Just went straight over there and started

working on a motor?

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 8 of 41
November 14,2007 Deposition of Richard Marshall

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A. (Witness nods head).

a. Did y'all eat anything while you were over

there?

A. No, sir.

a. Did you have anything alcoholic to drink

while y'all were working on that motor?

A. No, sir.

a. Take any drugs that day?

A. No, sir.

a. Prescription drugs?

A. No drugs.

a. Where is your aunfs house at?

A. It's in Farmersville also.

a. What's the address there?

A. I don't know the address right off the top

of my head.

a. How far is it from your house?

A. Approximately a mile.

a. So did you get that motor out that day?

A. 'Yes, sir.

a. How were you dressed?

A. T-shirt and shorts.

a. Pretty hot that day?

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A. They was at their house where we took it

out. That's his mother.

a. So they didh't go anywhere?

A. They were home alreadY.

a. Did you have any plans for the rest of the

day other than just going home?

A. No plans.

a. IVas there anybody in the car with you when

you went home?

A. Kevin Carmichael.

a. Did you stop anywhere between your aunt's

house and where your encounter with the

defendants began?

A. No, sir.

Q. -ç_an 

you describe for me the vehicle that

you were in?

A. 1971 blueNova.

a. '7r?

A. Yes, sir.

a. That's a Chevrolet; right?

A. Yes.

a. Was that your car?

A. Yes.

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Yeah. Itwas apretty hotsummer. Itwas

warm that day.

How long did it take y'all to get that

motor out?

I think we finished up sometime between

1l:30 * sometime before noon.

What were you going to do after that?

Go home and take a bath and get some rest.

And was that -- 

lWhen you say going home,

was that the 64 Youngblood Road address?

No. Thafs the residence off of 21 where I

was residing at the time.

Off of Highway 2I?

Yes, sir.

Is that on County Road 7?

Off of County Road 7, right off of the

State Highway 21.

Is that at the intersection of County Road

7 and Highway 2t?

Yeah.

Where did Mr. Howard -- well, the two

Mr. Howards, Darrell and Chades, go after

y'all got done with that engine?

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a. How long had you had that car?

A. I think I purchased it in July of '04.

(Defendant's Exhibit 2 was marked

for identification.)

a. Let me show you what we'll mark as

Defendanfs Exhibit 2 after your attorneys

get a chance to look at it. Is that your

cat?

A. That's my car.

a. That's in Defendant's Exhibit 2?

A. That's it.

a. IVho all besides you had access to that car?

A. No one.

a. So you had the only set of keys; correct?

A. That's correct.

a. Had you loaned it to anyone recently?

A. No, sir.

a. I'm sorry?

A. No, sir.

a. Was that car equipped with seat belts?

A. Yes, sir.

a. Were you wearing your seat belt that day?

A. No, sir.

7 (Pages 25 to28)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 9 of 41
Deposition of Richard Marshall November 14,2007

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Page29

lVhat about Kevin, was he wearing his?

No.

Was there any alcohol in that car?

No, sir.

(Defendanfs Exhibit 3 was marked

for identification.)

Let me show you what we're going to mark as

Defendant's Exhibit 3. Let me ask you,

does that look like the front seat of your

car on June 28th, 2005, Defendant's Exhibit

3?

A. That's it.

a. Fairly and accurately depict what was on

the front seat ofyour car that day?

A. Yes, sir.

a. What was in that flask thafs there on the

seat next to the gun?

A. At one time it had contained alcohol, but

it was no alcohol in it that day.

a. Well, what was in it when it was -- trVhat

was the alcohol that was in there?

A. Vodka.

a. When did you drink that - or did you -

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and his books. And I give him a ride home

right before dark. It started raining even

harder before we got there. When I pulled

up in his driveway, he jumped out of the

car and left the gun.

How long ago before - Let me back up and

regroup. How long before June 28th, 2005

did you give Mr. McV/illiams a ride?

Approximately three or four days earlier

than that.

Where does Mr. McWilliams live?

Right off of Highway 21.

Do you know the address?

Not right offhand.

How far is it from your house?

Approximately three or four miles.

(Defendant's Exhibit 4 was marked

for identification.)

Let me show you what we'll mark as

Defendant's Exhibit 4. Does that look like

the ashtray that was in your Nova?

It is.

And you can see in there there's some

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let me back up. Did you drink that?

It's been in there for some while.

Probably a week prior when I had a drink.

So you had emptied it about a week prior;

is that right?

Yeah.

Now, Defendant's Exhibit 3 also has a gun

in that picture; correct?

Uh-huh þositive response).

Was that your gun?

No, sir.

But you knew it was in the car that day;

right?

Yes, sir.

Whose gun is it?

It belongs to D.C. McWilliams.

Who is D;C. McWilliams?

A friend of mine.

How did it get in the car?

V/ell, he left it in there. One day I give

him a ride when he was having car trouble.

It was starting to rain. He came along and

said he wanted to go back and get his gun

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Page32

bullets in there; right?

Yes, sir.

Why were those bullets in your ashtray?

Like I said, he left the box of bullets in

there which had got wet from the rain. The

box was deteriorating, therefore tearing

up. So I took the bullets, put them in the

ashtray. And there probably was some on

the seat also because all of them couldn't

fït in there.

If you look back at Defendanfs 3,

I believe it is, I think you're right.

There is a bullet lying there on the seat,

isn't there?

Yeah.

So he left the gun and a box of bullets in

your car?

Yes, sir.

And he left it there for three to four

days?

That's approximately how long it was.

Had he tried to get ahold of you to get his

gun and his bullets back prior to that ]

8 (Pages 29 to32)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 10 of 41
Deposition of Richard Marshall November 14,2007

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Page 33

time?

He may have, but I was in and out of my

residence probably and missed him. I even

called him, but I couldn't get up with him.

Does Mr. McWilliams still live there off

Highway 21?

I'm certain he does.

Did you have a concealed weapon permit?

No, sir.

Had you ever had a concealed weapon permit?

No, sir.

How much money did you have on you that

day?

500.

Exactly 500?

Yes, sir.

In what denomination were the bills?

I know two $100 bills and the rest were

twenties.

Where did that money come from?

I previously was drawing unemployment when

I got laid offfrom onejob and I saved

money. And during that time I was having a

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Did you report those winnings on your

income tax?

I took a waiver out -- tax waiver out each

time.

Tax waiver. You have to explain that to me

because I'm not a gambler.

When you have to sign to have your taxes

taken out of winnings to report your W-2s

from the casino.

Right. Okay. But when you filed your

income tax at the end of the year, did you

report that income?

I haven't fïled but once since '05. I

think child support ended up being on

that. I'm not sure if I had it in there or

not.

Where was that money at?

Whatmoney?

The $500 that we're talking about. That's

a good point. When I ask a bad question,

you go right ahead and ask me to clarify.

I'm talking about the $500 now. Where did

you have thatat?

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fairly decent streak at the gambling

casinos. During the time I won a

substantial amount of money.

Which casino?

White Hall Gaming Casino. Also Biloxi,

Mississippi I won some money.

Which casino in Biloxi?

I'm not sure right offhand. I'd have to

check receipts or something. I don't want

to say the wrong one.

When did you win that money?

I won the money in Mississþi in'04. The

month I'm not exactly -- I'm not sure of

the month. I won money in White Hall in

'05, March.

IVell, how much did you win in Biloxi?

About 1600.

And how much at White Hall?

3600.

And you're saying that this money was

left -- what was left of your winnings? Am

I understanding you correctly?

Yeah.

Page 36

A. In my short right-hand pocket.

a. Was it in a wallet, or how were you

carrying it?

A. Just together folded.

a. When was the fìrst time that you remember

seeing the two officers that you ran into

later that day?

A. The fust time that I seen fwo unknown

persons was on County Road 7 immediately

coming from my aunt's house.

a. That's good. Let's back up and regroup on

that just a minute. Did you turn off of

Highway 2I gongdown County Road 7 to your

house?

A. I turned off of Highway 16 onto County Road

7 where I met the officers.

(Defendant's Exhibit 5 was marked

for identification.)

a. Just so I'm clear,I'm going to show you

what we're going to mark as Defendant's

Exhibit 5, which I'll tell you is just a

little map that I got off the Internet of

fhe area. Kind of centered in it is County

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 11 of 41
ln of Richard Marshall

Page37

Road 7 and Highway 2l aind we'll just kind

of refer to that. Now, you said you came

off -- was it County Road 16 and onto --

I'm sorry. Let me move all this stuff out

of your way. I don't see County Road 16 on

that map, and I might not have it zoomed in

in enough detail.

A. Well, it's -- the road coming from

Farmersville I think leads to be County

Road 16 and then you make a right on County

Road 7.

. There's Farmersville right there. So does

County Road 16 kind of come --

4.. Yeah. And you make a right onto County

Road 7. Then you make another right on

Highway 21.

a. I tell you what. Let me give you my pen

here and if you would just kind of draw a

little line there from that dot under

Farmersville. Just your best guess at how

County Road 16 goes into County Road 7. \. It would have to be coming from this

direction and make a right on County Road

Page 38

7.

l. Just draw that to where it intersects into

County Road 7. Just make your line go into

County Road 7.

t. (IVitness complies).

l. There we go. That's good. And if you

would, just put a 16 under that so we'll

know what we're talking about. \. (Witness complies).

l. All right. Now, if you would on here just

put a little X about where your house was

back in June of '05. \. The residence where I was going to?

). Yes, sir.

\. Well, it's off of Highway 21. Braggs.

This is 263 exit. I stayed apprciximately a

mile or two, three miles from the263

exit. So I would have to say somewhere in

here approximately.

l. Can you put a little bit larger X so when

we copy that?

\. (Witness complies).

l. And if you would, just write home under

November 14,2007

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that.

(V/itness complies).

All right, So make sure I understand what

you're telling me. You left Farmersville

where your aunfs house was?

Yes, sir.

Traveled down County Road 16?

Uh-huh þositive response).

Took a right on County Road 7 from County

Road 16?

(Witness nods head).

Where did you first see who you later

learned to be the defendants in this case?

Approximately a quarter mile after turning

on County Road 7I met a dark-colored

Lincoln Town Car, who I first thought was a

drunken driver or something that slowed

down, hit the brakes hard. And I didn't

know who it was, so I kept driving.

Okay. There's a whole bunch of things I

need to ask you about there. You said it

was a dark-colored Lincoln Town Car?

Yes, sir.

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a. Had you ever seen that car before?

A. No, sir.

a. Did it have any distinguishing features on

it, like a license plate on the front or

anything that stood out in your mind?

A. Didn't evenpay it no attention. Vy'asn't

registering in my mind. Just another

vehicle.

a. Had you passed any vehicles onpounty Road

7 prior to seeing that dark-colored

Lincoln?

A. No, sir. Thafs the first vehicle I saw.

a. Had you passed any on County Road 16?

A. No, sir.

a. So you're all alone on a road there?

A. Yes, sir.

a. Ail right. You also said that you thought

it was a drunk driver. What made you think

it was a drunk driver?

A. Because immediately upon meeting the car

the car slammed on brakes and took a nose

dive, and I thought that to be strange at

the time. Looked in my rear view mirror,

t37 to 40)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 12 of 41
November 14,200'l Deposition of Richard Marshall

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saw that the car was veering off to the

side of the road. So I thought maybe they

had a flat or something, so I kept driving.

a. You didn't see it swerving in the road as

it was coming towards You; right?

A. No, sir.

a. So the only thing that made you think it

was a drunk driver was it slammed on the

brakes and then veered offthe road?

A. Yes, sir.

a. Did you get a look at who was in the

vehicle as it went by you?

A. No, sir.

a. County Road 7 where you encountered this

dark-colored Lincoln, is that a two-lane

road?

A. Ifs a small rural road, one lane.

a. One lane in each direction?

A. Yeah. One lane in each direction.

a. Did you see any kind of blue lights on the

vehicle when it wentby you?

There was no lights.

When you say no lights, no blue lights?

A.

a.

Page43

of him.

a. Did you know he worked with the drug task

force?

A. No, sir.

a. Other than slamming on the brakes and

veering off the road, did they do anything

else unusual?

A. That's all I know is right then.

a. You say right then. Did they do anything

else after that?

A. Yeah. Next thing I know is they was upside

my car.

a. So fromthe time --Letme make sure I got

your testimony right. From the time you

saw them slam on brakes and veer offthe

road until they were next to you' you

didn't see them. Is that what you're

telling me?

A. Yes, sir.

a. Were there any cars coming behind that

Lincoln that you saw?

No, sir.

Okay. Now, you said they came alongside of

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Right.

It had headlights; right?

I'm certain it did.

Had you ever seen Chris West before that

day?

No, sir.

How about LaShun Hutson, had you ever seen

himbefore thatday?

No, sir.

Did you know of them?-

I never know ofShawn Hutson, but I have

heard Chris West's name.

You'd heard Chris West's name prior to the

28th of June of '05?

Yes, sir.

What did you know about Chris lVest prior to

June 28 of '05?

Only that he was a law enforcement officer.

Do you remember who you heard that from or

how you hea¡d it?

No, sir. Just open conversation.

Do you know who might have told you that?

No one told me. Just heard it. Just heard

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Page44

you. How did they do that? Describe that

forme.

A. After seeing the car slam on brakes and,

like I said, I looked in my back minor and

saw them veer off. I kept driving. Didn't

know what was happening. Approximately 30

seconds to a minute later they had pulled

up beside me in the passing lane. All I

sáw was two black males in black T-shirts

tryrng to flag me to pull over on first

glance.

a. You said trying to flag you. What were

they doing?

A. I just seen the hand signal (indicating)

and pull over.

a. Was there anything -- Let me back up. Who

was doing the hand signal? Was it the

passenger or the driver?

A. Passenger.

a. And just kind of describe what you did a

second ago. For the record you were using

your right hand and kind ofpushing at

shoulder level off to the side?

I I (Pages 4l to 44)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 13 of 41
Deposition of Richard Marshall November 14,2007

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Page45

A. Yes, sir.

a. Did you later learn who the passenger was

that was giving you the hand signal?

A. I believe it was Shawn Hutson.

a. So Chris West was driving; is that right?

A. I think he was. Had to be.

a. Was there anybody else in the car besides

those two?

A. No, sir.

a. Vy'as your window up or down in your car?

A. Down.

a. Does the air conditioning work in that car?

A. No, sir.

a. So you had2by 55 air conditioning?

A. I mean, wind?

a. Yeah.

A. Yeah. That's it.

a. And I'm just going to start referring to

them by name now. We know that based cin

your testimony Shawn was the passenger and

Chris was the driver. Did Shawn say

anything to you when he was initially

giving you that hand signal?

Page47

I was at the hotel, Peddler's Inn, and I

had a guy pull a gun on me and demanded

money.

Vy'ere you in a car or were you just

walking? Where were you?

Coming out my room -- hotel room.

Did he get any money off of you?

He took some money.

Did you report it to the police?

Yeah. I went in for questioning and made a

statement.

Did they ever catch the guy who did it?

Yes.

What was his name?

I want to say Jerome Titus.

What happened with Mr. Titus?

I guess they prosecuted him or whatever. I

don't know the full extent.

Did you ever have to testify at trial?

No. I got a letter from the DA, Ellen

Brooks, saying it wasn't enough evidence or

something. I don't know. It was

dismissed.

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Page46

A. I really couldn't hear if he had said

anything anyway. As you can see in my

trunk, I had amplifiers and music that was

blasting during the time. I was driving

35,40 miles per hour. All I could really

see was a hand signal.

a. V/ell, did it look like he was trying to say

something?

A. I can't recollect. I can't say that

because it happened so quick. Just a brief

glance and that's all I looked over there.

a. Let me back up and ask you something here.

In paragraph l6 of your amended complaint

you alleged that you've been robbed

before.

A. Yes, sir.

a. How many times had you been robbed before?

A. Once.

a. IVhen was that?

A. August'O3.

a. Where was it?

A. In Montgomery.

a. What happened?

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Page 48

a. So he wasn't convicted?

A. Not to my knowledge.

a. Ail right. So that was the only time that

you were robbed previously?

A. Yes, sir.

a. Have you been robbed since?

A. No, sir.

a. A[ right. So we got to the point where

their cpr - are they about even with you

going down County Road 7?

A. Yeah. They pulled right up beside me.

a. Going about 35,40 miles an hour; is that

right?

A. Yeah. I wasn't driving fast.

a. What's the speed limit there?

A. Approximately 45,50 maybe, anywhere in

that range.

a. About how long did they stay alongside of

you like that?

A. Approximately 10 seconds.

a. What did they do after that 10 seconds?

A. They veered behind me and trailed me out to

Highway 21.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 14 of 41
Deposition of Richard Marshall November 14,2007

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Page49

Did they try to come up alongside of you

again prior to getting to Highway 21?

No, sir.

Did you look at them in your rear view

mirror?

I took a glance in my rear view mirror and

noticed that they was riding my bumper.

Did yoú see a blue light at that time?

There was no blue light.

Could you see what the two occupants of the

car were doing in your rear view mirror?

No, sir. I didn't glance. Just quick

glance to see that they was still behind

me.

Let me back up forjust a second. When

they were alongside of you here this flrst

time, did you say anything to them?

On first glance when they pulled up, yeah,

I may have said -- asked them what they

want, not in that nice a way, though.

Not in a nice way?

Yeah. Not in a nice way.

Can you tell mè exactly what you said?

a.

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Page 5l

A. I turned right. Tumed going toward my

residence.

a. Turned right going towards your house?

A. Yes, sir.

a. Which I guess on this map takes us back to

the west; is that right? I think this is

west over here on the left-hand side.

A. I don'tknow ifit's westornot. All I

knew -

a. Kind of southwest reallY?

A. I turned right on HighwaY 21.

a. We'll go with that. You turned right on

Highway 21 heading towards your house. Is

there a stop sign there at 7 and?l?

A. Caution light, yield sign.

a. A yield sign?

A. Uh-huh þositive response).

a. Was there any traffic coming on Highway 21?

A. No, sir. I didn't see any l,l:affic.

a. Either way?

A. No, sir.

a. What is Highway 2I? Is it another

two-lanen one lane each waY, or is it

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Page 50

A. What the fuck y'all want.

a. Did you think to turn the stereo down?

A. No. Because it was my first understanding

that it was somebody ûrying to rob me and

I'm not going to be courteous to them.

a. So you couldn't hear what they were saying

to you; right?

A. No, sir.

a. And you asked them what you asked them?

A. Yes,ìir.

a. And the stereo is still going the whole

time?

A. Yes, sir.

a. Did it look like either one of them

responded when you asked them that question?

A. No, sir.

a. Because you just glanced at them real

quick; right?

A. Yes, sir.

a. All right. They trailed you all the way up

to Highway 2l; conecfl

A. Yes, sir.

a. What did you do when you got to Highway 21?

Page52

fourJane?

A. Two-lane, one lane each way. State

highway.

a. Did you stop at the intersection of 7 and

2l?

A. Brief caution, brake in the road at the

yield sign and proceeded to go right toward

my residence.

a. Kind of a rolling stoP?

A. Yeah. Rolling stoP.

a. Wheels never really came to a complete

rest?

A. No, sir.

a. And you took the right going onto Highway

2t?

A. Yes, sir.

a. What did the Lincoln do?

A. Still behind me.

a. It followed you out on HighwaY 21?

A. Yes, sir.

a. Did you get a chance to look in your rear

view mirror as you were going down 21?

A. Well, right after turning on Highway 2l the

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 15 of 41
Deposition of Richard Marshall November 14,2007

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Page 53

vehicle pulled up beside me again.

So up again on the left-hand side of your

vehicle coming in the oncoming traffic

lane; is that right?

Yes, sir.

How fast were you going atthat time?

Approximately 55, somewhere around there.

Whafs tþe speed limit on Highway 21?

I'm quite sure it's 55.

And I should have asked you this before.

The rest of the time that you were on

County Road 7, did you stay going 35,40

miles an hour?

Around 35,40 miles an hour. Because they

were bumper to bumper on me.

So you sped up a little bit?

It was a wavy road, so I really didn't want

to travel fast.

Well, you did speed up a little if you got

up to 45; right?

Well, like I said, I was driving around 35

to 45 on County Road 7.

Well, were you trying to get them off your

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Page 55

Did you see anything besides the weapon?

No, sir. I just seen the right hand.

I'm sorry?

I just saw his right hand gesturing and I

just kept driving.

Is that the only hand he had in view?

That's the only hand I saw.

Did he say anything to you?

I didn't hear him say anything if he did

for the music.

You still had the music going?

Yes, sir.

Could you tell that he was trying to say

anything to you? Could you see his lips

moving?

I didnt have time to just lock on to what

he was saying, lips moving, because I'm

watching traffic and watch the incident.

All I did is glance. When the car pulled

up beside me, I glanced, put my eyes back

on the highway and kept driving.

You just said watching traffic. Are there

cars coming now?

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Page54

bumper atall?

I wasn't trying to because I knew I

couldn't. They was trailing my bumper.

And like I said, it was a wary road. I

didn't want to hurt myself.

So you turned onto Highway2I and they came

up alongside of you. What happened when

they came alongside of you?

They came alongside me and I saw the saqte

thing agair¡ hand motion and I glanced and

kept driving.

Was there anything in -- And you said the

hand motion. Was that the passenger again,

Shawn?

Yes.

Could you see anything that Chris might be

doing?

I didn't have time to just lock in on him.

Did Shawn have anything in his hands this

time when they pulled up alongside of you

on2l?

On second glance it appeared to be a weapon

at a glance lgd kept driving.

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A. No cars coming, but I'm looking for a car.

a. So still lall are the only two vehicles on

the road?

Yes, sir.

Describe that weapon that you saw for me.

I can't describe it. All I know is I saw a

weapon. I don't know what brand --

V/as it a knife? A gun?

Agun,yeah. Agun.

V/as it black? Shiny?

It was black.

Big gun? Little gun?

I don't know. I can't lock in on the

size. I glanced at the weapon I saw.

Was it pointed at you?

I can't say that it was pointed at me. All

I seen was a hand gesture going like to

pull over or whatever.

He was gesturing with the gun?

That's what I saw.

Did you say anything to him?

I didn't say anything else. I was still

just driving.

14 (Pages 53 to 56)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 16 of 41
Deposition of Richard Marshall November 14,2007

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a. While all this was going on up to this

point, what's Kevin doing?

A. Sitting in the seat asking me, Cuz, who is

this trying to run us off the road? I tell

him I don't know; looks like somebody

trying to rob us; I'm not going to stop.

He was scared.

a. Well, I understand that you were driving

the vehicle. V/as he watching them?

A. He wasn't watching them. He was just aware

of what was going on.

a. Did he tell you at some point that the

police were behind you?

A. He didn't tell me that.

a. He did not tell you that?

A. No, sir.

a. Well, did he ever tell you to pull over at

any time?

A. He didn't tell me to pull over. He's

asking me who is this and whaf they trying

to do. He just said, it looked like

they're going to run us off the road and

kill us if we don't pull over.

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Page 59

we already had been spun off the road

before we realized who it was.

Now, you still had the music going pretty

good at that time?

The music was going until Chris West turned

it off.

Is it possible that you just didn't hear

what Kevin was saying to you because of the

music?

It's possible.

All right. How long did theY staY uP

alongside of you the second time?

Still approximately 10 seconds.

Did you see a blue light this time?

I didn't see a light.

Did you see a badge?

I didn't see a badge either.

And you told me before that they were

wearing black T-shirts. Did those black

T-shirts have any writing on them?

Not that I can recollect. I just seen it

was black T-shirts.

What did they do after that l0 seconds of

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(Defendanfs Exhibit 6 was marked

for identification.)

a. Let me show you what we'll mark as

Defendanfs Exhibit 6. Letme give you

just a minute to look at Defendanfs

Exhibit 6.

(Brief pause.)

a. Had you ever seen that document before

today, Mr. Marshall?

A. I have.

a. When did you get a chance to see that

document?

A. When we turned the information over.

a. Those initial disclosures; is that right?

A. Yeah.

a. Now, this is a statement that Kevin gave to

the police that day. And in it he says

that he saw that it was the police and he

advised you to pull over. Is it your

testimony that he didn't tell you to pull

over?

A. He didn't tell me to pull over, because by

the time we both realized it was the police

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being alongside of You?

A. Veered back behind me and trailed me

approximately another mile and a half or

two and they started to ram the vehicle.

a. Between the time that they pulled back

behind you and as you described the ramming

started, did you get a chance to look in

your rear view mirror at them?

A. I didn't look in the mirror.

a. You didn't look agaìn?

A. (Witness shakes head).

a. So you couldn't see anything that they were

doing back there?

A. I don't know what theY was doing.

a. Let me back up again to the second time

they were beside you. I might have asked

you this before. If I did, I apologize.

Did you say anything to the passenger that

second time?

A. No, sir.

a. Make any motions to him?

A. I don't remember making any motions. I

just remember glancing at him and keep

15 (Pages 57 to 60)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 17 of 41
Deposition' of Richard Marshall November 14,2007

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driving.

a. While all this was going on, where was this

gun thafs in Defendant's 3?

A. Laying on the seat.

a. About where it is in Defendant's 3?

A. Approximately somewhere.

a. Let me show it to you again. And is

that -- you can see in the left-hand side,

is that the steering wheel?

A. Yes, sir.

a. So it's - is it fair to say that it's

fairly close to the driver?

A. Yes, sir.

a. Was that gun just out in the open like

that, or was it tucked up under you

somehow? How was that gun?

A. It was down between the seat.

a. What do you mean down between the seat?

A. Approximately somewhere around here where

it wouldn't be sliding. It was laying

there.

a. You're pointing to the right-hand side what

looks like seat belts. Are those seat

Page 63

a. At any time during this pursuit did you

pick that gun up?

A. No, sir.

a. So it's just there kind of tucked down in

the seat?

A. Yeah. Until they was ramming. It probably

was moving when they was ramming the

vehicle. That's probably about the only

time I probably touched it.

a. Did the gun move at any time during the

pursuit? Did it stay here until the

ramming started?

A. I'm quite sure it did. But when they was

ramming the car, my head was jerking. I'm

quite sure it was moving along with

everything else on the seat.

a. Let's talk about the ramming. Describe for

me what you mean when you say they rammed

you.

A. Like I sa¡ after they pulled beside me for

the second time, they veered back behind me

approximately a mile and they started

hitting - hitting the back end of my

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belts there?

A. Yeah.

a. Those little black things on the right-hand

side?

A. Uh-huh (positive response).

a. So was it - How was it in there? You've

got it barrel down. Describe for me how

it's in between the seats there.

A. I'm certain the barrel¡vas in there so it

wouldn't be moving pointing toward the --

back in the seat.

a. Did you touch the gun at any time while

this pursuit was going on?

A. I don't know. I probably touched it if it

was moving or whatever, but I didn't reach

for it or nothing.

a. 'Was the gun loaded? -'

A. Yes, sir.

a. What kind of gun is that?

A. .357.

a. Do you know what kind of bullets were in

it?

A. .357 hollow points.

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Page64

vehicle like two or three times. Each time

it was knocking the car in a wiggling

motion off the highway.

How fast were you going at that point?

Initially I probably was going about 55

until they started ramming me and I was

losing control of the car and I slowed down

approximately about 35,40 miles an hour

because I didn't want the car to flip out

of control.

What part of their car was striking your

car?

I would have to say their bumper to

bumper. I wasn't aware of the ramming

until I was hit.

Okay. V/as it -- And when you say ramming,

were they hitting you center on, or were

they off to one side or the other? How was

that?

They were hitting me center on up until the

point where they spirured me out. And

that's when they hit me on the driver's

side bumper and spinned me out of control.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 18 of 41
Deposition of Richard Marshall November 14,200'l

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Page 65

MR. WILFORD: Lefs take a quick

break. We've been going for

an hour.

(Brief recess was taken.)

Okay. When we broke, Mr. Marshall, we were

talking about the ramming had begun. About

how many times did the Lincoln come into

contact with your car?

First ramming I'm quite sure he rammed me

twice -- two or three times. Made the car

sort oflose control and then I regained.

That's what I want to do. I want to take

them one by one so you can tell me what

happened each time he made contact with

you. The first time that he hit you, was

that, again, head-on his front to rougltly

the center of your bumper; is that right?

Yes, sir.

And how fast were you going at the time

when he first hit you?

I may have been going approximately 45 to

55 miles an hour at the first ramming.

What did you do when you felt the impact?

a.

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Page67

car after the first hit, what, if anything,

did you do?

A. Continued to drive.

a. Did you slow down or speed uP?

A. Yeah. I slowed down.

a. How slow did you get down to?

A. Probably I want to say around 30, 35 miles

an hour.

a. Did you make any moves to pull the vehicle

off the road?

A. No.

a. You said your neck got jerked around. Did

you come in contact with anything in the

car?

A. Not -- At that time I didn't.

a. How long did you drive at 35 miles an hour

before something else haPPened?

A. Approximately l0 seconds and got rammed

again.

So this would be ram number two; correct?

Yes, sir.

How did he hit you that time?

Same way, bumper.

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Page66

Well, on impact it jerked my neck and for a

brief moment I lost control of the car like

swerved from the ramming. And I looked in

the mirror at this time to see what was

going on, but I still couldn't see what

they was doing back there. I drove

approximately another quarter mile.

Hang on just a second. You said you looked

back in the rear view mirror. About how

long did you look?

Just a glance up after they rammed.

Could you see what they were doing?

No. I couldn't make visual what they were

doing.

Did you see a blue light?

No, sir.

Did you see any badges?

No, sir.

COURT REPORTER: Can I stop for

two seconds?

MR. WILFORD: Sure.

(Brief pause.)

All right. After you got control of the

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Page 68

a. Center on?

A. Yes, sir.

a. Do you have any estimate of how fast they

were going? Let's go back to the first

time he hit you. Do you have any idea how

fast he was going when he hit You?

A. I would estimate not too much faster than

me, because they were riding my bumper the

whole time.

Q.tSo he couldn't have accelerated too much

before he came in contact; right?

A. I guess not.

a. What about the second time, do you have any

idea how fast he was going?

A. I can't approximate how fast he was going.

I just know the impact was variably the

same.

a. Did he stay on your bumper between the

first and the second impact?

A. After the first impact I don't think he was

riding my bumper as close. Because like I

say, I sort of lost control. He probably

fell back a little until I regained control

l7 (Pages 65 to 68)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 19 of 41
Deposition of Richard Marshall November 14,2007

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Page 69

and then I felt the rarn again.

a. About how far did he fall back?

A. I can't say how far because I really didnt

look back. I just know I was swerving and

I'm quite sure he wasnrt on my bumper while

I'm swerving.

a. Right. When you did that glance into the

rear view mirror, though, about where was

he? V/as he still back on your bumper? Had

he fallen back?

A. No. He had fell back approximately 20,30

yards after he first bumped me.

a. All right. So the second impact was about

as hard as the first impact; right?

A.-.Yes, sir.

a. What happened immediately after the second

impact?

A. Immediately after the second impact, the

car veered a little more, and immediately

following that thafs when he bumped it

again on my driver's side bumper and

spinned me out of control. That's when my

head hit the steering wheel. I snatched

PageTl

I was on the opposite side of the road in a

daze. By the time I opened the car door

they was already out of their vehicle with

guns drawn.

a. Let's talk about your head hitting the

steering wheel. What part of your head hit

the steering while?

A. My right - left temple.

a. Right above your eye there?

A. Yeah. I've still got a knot up there from

it.

a. And you weren't wearing your seat belt at

the time; right?

A. No, sir.

a. V/as that from the second hit or the spinout

hit that sent your head into the steering

wheel?

A. Had to be the spinout, because when he hit

me, it like threw me off the seat out of

control and I just snatched the wheel and

the car just went where it went.

a. So it went all the way across the oncoming

lane; is that right?

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Page70

the vehicle. Itjumped Highway 21, and

landed on the opposite side of the highway

in a ditch on a spinout.

a. Okay. So you're saying that the hit where

he spun you out came fairly quickly after

the second ram; is that right?

A. Yes, sir.

a. lVere you still going about 35 miles an hour

wheq the spinout hit occurred?

A. Yes, sir. Approximately.

a. Were you able to take any kind of

corrective action with the car between the

time of the second hit and the spinout hit?

A. After he rammed me the second time, like I

say, I guess because I wasn't going as

fast, the car just like jerked. And before

I can regroup, he had hit me again on the

bumper. Andthat's when I spinned out

toward the bluff. My head hit the steering

wheel. Knowing it's a deep bluff right

here, I snatched the steering wheel, and

all I know the carjumped or skid across

Highway 21. Because when my head came up,

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Yeah. It went -- When he spinned me out,

the car went off the bluff toward the bluff

to the right of the road on two wheels. I

snatched it and all I can remember is it

clearing the highway or whatever. I ended

on the opposite side of the road facing the

way we just came.

So you went off to the left from your

direction of travel; is that right?

That's where --

Your car went to the left?

That's where it landed.

Your initial direction of travel?

Yes, sir.

And the stereo was still going the whole

time;right?

Whole time.

Between the first time that you were hit

and what we're calling the spinout hit

here, did Kevin say anything to you that

you heard?

A. No, sir.

a. Do you recall saying anything?

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 20 of 41
Deposition of Richard Marshall November 14,2007

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A. I was probably mumbling to myself, they're

trying to kill me, what they doing,

something to that effect.

a. Did you ever think to pick up that gun and

defend yourself with it?

A. No, sir.

a. Did you have a cell phone with you that day?

A. I'm quite sure I did.

a. Do you remember what the phone number was?

A. I don't remember.

a. Did you try to call anybody?

A. No, sir. I didn't have time.

a. That's a good point. From the time that

you saw that Lincoln break back on County

Road 7 until the time that you came to a

stop on Highway 21, how much time had

passed?

A. If I had to estimate, I'd approximately say

anywhere from five to 10 minutes.

a. Did Kevin have a cell phone?

A. No, sir.

a. Ail right. So in that entire five- to

l0-minute period, you neverpicked up the

Page75

2t?

A. Probably had to be on Highway 21.

a. What is this area here in this intersection

of 7 and 2l like? Is it built up? Are

there a lot of buildings? Is it wooded?

Give me an idea of what the area around

there looks like.

A. This area where --

a. I tell you what. Lefs start on County

Road 7 from basically where you turned off

on 16 up to 21. Are there any houses or

churches or anything like that there?

A. Well, after coming through what's called

the swamp on County Road 16, swampy area,

no houses. I don't know what's in the

woods. No houses. Two bridges. On County

Road 7 there's a church right to your

left. As soon as you turn onto it there's

a church.

a. At the intersection of 16 andT?

A. Yeah. That's the intersection. Ifs a

church there. And immediately turning on

County Road 7 I know there's a house and

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phone to make acall?

No, sir.

Never thought to call for help?

Ifs a panic situation. You think you're

getting robbed. You ain't got time to call

for no help when I'm driving.

The entire time that passed between the

first time that you were hit until you were

spun out, were there any vehicles on the

road besides yours and the Lincoln? -

I didn't meet any traffïc on County Road 7,

and I don't recall meeting any traffïc on

County Road 21 until after the incident was

over.

Did you throw anyttring out the window at

any time?

The only thing I had in my hand was-a

cigarette butt. I was smoking previous to

the whole incident. If anything was

thrown, it had to be a cigarette butt

because I didn't have anything else.

Where did you throw that cigarette butt

out? Was it on County Road 7 or Highway

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another house or two on your left. And

after that --

Is this as you're traveling towards 2I that

you're describing for me?

Immediately turning onto County Road 7

approximately a quarter mile you'll run up

on a house and a trailer and approximately

two houses on your left. Then it's just

another wooded stretch and a bridge.

What about on 2l where you tumed right

there, whafs the area like around there?

Ifs a caution light. It's a big - two

big ponds and used to be a junkyard. Guy

owned a big house on the hill up from the

ponds and probably tryo older model houses

on your left. Then you've got a another

stretch - bridge and stretch or whatever.

Any churches or anything like that around

there?

Not right there on Highway 21. Not right

there.

Any gas stations or stores?

Yeah. There's a store probably a quarter

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 21 of 41
rn of Richard Marshall

mile to your left from the caution light.

?. Going back towards Braggs?

4.. Yeah. Going back towards Braggs.

Community store right there.

l. What about in the direction that you

traveled on2l, are there any stores or gas

stations or anything like that? {. The direction I traveled that day going

home?

l. Yes, sir. \. No gas station. No store.

l. And your house is on Highway 2l? \. Right off the dirt road. Turn right off of

2t.

). About how far back offof2l? \. Just a couple hundred yards.

). Are there any other houses around that one? \. Yeah. It's a couple houses right at the

caution light about a quarter -- about 2,

300 yards from where I live, caution light,

and there's a couple more residences in the

area.

l. Is that a different caution light than the

one you've been telling me about on7/21?

r. Yeah.

l. So thafs fr¡rther on down?

\. Yeah. Right down from my home there's

anofher caution light right down there.

l. You're pointing right about where 21

intersects the Lowndes/lVilcox County line.

... Yeah.

l. I'm just ûying to describe for the record

where you were pointing.

.. Wilcox County line actually was about a

mile from the --

!. From yourhome or from where you wound up?

.. From myhome.

l. How far were you from your home when you

were spun out?

,. Approximately a mile.

l. Did your car hit anything when it was spun

out other than the Lincoln?

.. Probably embankment is all I can say.

t. Didn't hit a mailbox or --

.. No. It's no mailbox in the area.

l. And we showed you already Defendanfs

November 14,2007

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Page79

Exhibit 2. Is that where your car came to

rest? Does that depict where your car came

to rest after being spun out?

Yes, sir.

(Defendant's Exhibits 7 and 8 was

marked for identifïcation.)

I'm going to show you a couple more

pictures here. I want to show you what

we're going to mark as Defendant's 7 and 8

and let you and your lawyers take a look at

those pictures. Now, do those pictures

also show the way your car wound up on

Highway 2I onJune 28th, 2005?

Yes, sir.

And we can also see another car in

Defendant's 7 and 8. Is that the Lincoln

that you've been describing?

Yes, sir.

Is that how the Lincoln wound up after you

were spun out?

They pulled down in the direction. They

pulled off the road in front of me.

And then they turned around and came back;

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Page 80

is that right?

A. No. They pulled down after -- This is

where I landed.

a. Right.

A. And by the time myhead is up offthe

steering wheel, my door - they had already

pulled down and standing in the doorway

with guns drawn.

a. Thafs - Actually you make a good point

there. Let me -- Did you see what happened

to the Lincoln after it made contact --

made the contact with your vehicle that

spun you out?

A. No. Once I went spinning, I didn't see

anything else until the car came to rest.

And like I say, my head hit the steering

wheel. I had like adaze. And when I

leaned back and opened my eyes, the Lincoln

was pulling down right there and they

jumped out of the car with pistols drawn.

I didn't have an opportunity to get out. I

just opened the door and they was already

up.

77 to 80)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 22 of 41
Deposition of Richard Marshall November 14,2007

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a. So you saw the Lincoln -- I want to make

sure I got you right. You saw the Lincoln

come to that position that we see it in in

Defendant's 7 and 8; is that right?

A. Yeah. I saw it pull down.

a. And is that where that car was when, as you

described, they got out with their guns

drawn?

A. Yes, sir.

a. So the two cars in 7 and 8 are where they

were at that time that they got out and

drew down on you; is that right?

A. Yes, sir.

a. Defendant's Exhibit 7, that's the rear of

your car; correct?

A. Yes, sir.

a. What is that license plate?

A. BRich3.

a. That's a personalizedplate; is that right?

4., Yes, sir.

a. Did you select that?

A. Yes, sir.

a. What does that mean?

Page 83

with guns drawn?

Yes, sir.

You saw the guns, then, at that time?

Yes, sir.

Now, when they got out -- and I want to

make sure I understood what you told me --

were you still inside the car or had you

gotten out?

No. I hadn't gotten out. When they was

rolling up and jumped out of the car with

guns, I hadn't had an opportunity to get

out. I had opened the door, but like I

say, I was in adaze.. And I got out of the

car after that and that's when they started

yelling commands. At that time is where I

seen a shield or whatever they had hanging

around their neck.

Both of them?

Well, I know I saw the passenger because he

was more out, which was Chris West. He was

on the passenger's side at this time. I

really couldn't see what Mr. Hutson had on.

Chris V/est was on the passenger side when

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Page82

A. Just a nickname. I had the same license on

two other vehicles. That's just the third

vehicle I had purchased. I had another

Nova.

a. So your nickname is B Rich; is that right?

A. Uh-huh (positive response).

a. Where does that come from?

A. Just a nickname. Gained a little weight

over the ye¿lrs. People started calling me

Big Rich. I used tò be a skinny guy.

a. I got you. So the Rich is short for

Richard?

A. Yeah.

a. I got you. So you at some point had

vehicles that had BRichl and BRich2 on

them?

A. Yeah.

a. When you hit your head on the steering

wheel, did it get cut?

A. No, sir. Just a knot.

a. A[ right. You saw the Lincoln pull up to

where we see it on 7 and 8 and they got out

with guns drawn. Did both officers get out

Page 84

you saw him?

Yeah.

And where was Hutson?

On the other side of the door.

On the driver's door?

LJh-huh (positive response).

Did you see how they got to that position?

Because I think you told me earlier that

Chris was driving.

No. I didn't say he was driving. I said

that they got out with their guns drawn. I

never said Chris was driving because Shawn

Hutson was on the passenger side. But all

I knew is when I leaned up Chris West was

on this side of the car because he's the

one that took me down. Shawn Hutson was on

the other door.

Okay. I'm a bit confused here, so we've

got to get this right. When the carpulled

up alongside of you twice, it was Shawn

Hutson who was gesturing at you to pull

over; right?

Yeah.

A.

a.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 23 of 41
Deposition of Richard Marshall November 14,2007

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Page 85

a. And he was on the passenger's side; right?

Is that right?

A. I understood it to be him. I know it was a

skinnier guy.

a. I understand you didn't know him at the

time.

A. Uh-huh þositive response).

a. And Chris and Shawn were the only two in

the Lincoln; right?

A. Yes, sir. The only two.

a. So doesn't that basically mean that Chris

had to have been driving?

A. Yeah. I guess he was driving, yeah.

a. So let me go back to my question. Did you

see how it was that Chris wound up on the

passenger's side of the car after you were

spun out and Shawn wound uþ on the driver's

side?

A. I didn't see that, but it was Chris West

that was on the passenger's side with the

gun on me.

a. And you said you saw the shield on Shawn;

is that right?

Page 87

A. (Witness nods head).

a. When they told you to get on the ground,

did you get on the ground?

A. No, sir.

a. Why did you not get on the ground?

A. Because I was agitated. I didn't know what

was going on, why this was happening. But

I still had my hands on top of the door

letting them know I wasn't posing a threat,

but I just didn't feel like getting on the

ground at the time.

a. Did you say anything to them?

A. I'm quite sure I did.

a. What did you say?

A. Why y'all doing this, whafs going on,

something to that effect, what's this all

'about.

a. At this point you'd seen the badge on

Chris; right?

A. Yeah,I saw it.

a. So you knew they were police at this time;

right?

A. r did.

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Page 86

A. Saw the shield on Chris. I really couldn't

see --

a. Keep me straight. Shield on Chris. Did

you get out of the car on their command or

on your own?

A. Well, after -- Like I say, they was already

out. They may have commanded me, but I was

dizry in the head. I got out of the car

and stood in the door with my hands up.

And I was asking them whafs going on, and

they were just telling me, get on the

ground, get on the ground, get on the

ground.

a. So you could hear them now; right?

A. Yeah. Icouldhearthem.

Q. Music still going?

A. Still going.

a. But now you can hear them?

A. Yeah. I'm out of the car.

a. At this time is the gun that was in your

car where it is in Defendant's 3?

A. Yes, sir. It was laying there.

a. Just like that?

Page 88

a. What did they say, if anything, when you

said what you said to them?

A. Shawn Hutson, he wasn't focusing on me. He

didn't say anything. Chris West was just

saying get on the ground. He said a couple

of dirty words, too; get on the ground, get

on the ground, get on the ground. And he

just eased up on me and slammed me to the

ground.

a. You said Shawn wasn't focused on you. What

was he doing?

A. He was more or less watching my cousin.

a. After y'all came to a stop, what did Kevin

do?

A. I really couldn't tell you what he was

doing. I was focusing on them. After the

car came to a stop and they drawed out, my

attention was on them. So I really don't

know what he was doing.

a. Well, when was the next time that you

became awaÍe of what Kevin was doing?

A. When Shawn Hutson came around and got him

out of the car and put him in cuffs.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 24 of 41
Deposition of Richard Marshall November 14,2007

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Page 89

a. Was that before or after Chris West had

approached you?

A. He had already came along and subdued me.

a. Other than commanding you to get on the

ground initially, did Chris or Shawn say

anything else?

A. At that time I can't recollect. Up until

the point where he - Chris West put me on

the ground I cán't recall anything they

said besides get down.

a. Did they identify themselves, DTF or

sheriffs department or anything like that?

A. They didn't identify nothing.

a. Other than the badges that they had on --

. well, the badge that Chris had on?

A. The badge.

a. A[ right. You said Chris came and

approached you and you were still standing

up at that time; right?

A. Yes, sir.

a. What happened when he got to you?

A. He got to me, kick slammed me to the

ground.

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Page 9l

car. Were they on top of the --

Top of the door. I was standing in the

door with my hands like this (indicating)

so he can clearly see.

Ws're going {o look at Defendant's 2

agatn. You can see here you've got both

the driver's side front and rear door

open. I'm sure the driver's side rear door

wasn't open while all this was going on;

right? That was later?

Yes, sir.

Was the front door open about like it is -

Yes.

-- while this initial confrontation between

you and the officers was going on?

Yes, sir. I was standing in my doorway

with my hands up right here on top while

they was drawn and commanding me.

Did anybody give any commands to Kevin that

you heard?

Like I say, I really can't recall any

commands being given to Kevin, because the

music is still loud and I'm just focusing

Page 90

a. Describe that for me. You say kick slammed

you to the ground. How did that happen?

A. I had my hands up right above my door. He

eased up on me with the gun drawn and he

got close enough until he grabbed me and

swept my feet with his feet and slammed me

face down on the ground. He put his foot

on my back and handcuffed me. Then he had

his foot on my neck.

Q.t He cuffed you behind your back?

A. Yes, sir.

a. As he was approaching you, did he say

anything to you?

A. I don't remember him saying anything but

just get down and he walked up on me.

a. Did you say anything back to him as he was

coming up on you?

A. I didn't say anything then.

a. Did you ever at any time make any move back

inside that car?

A. No, I didn't. I was standing in the car in

adaze and --

a. You said your hands were up on top of the

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Page92

on this gun is drawn on me and I can

clearly see what he's doing.

a. Now, at the point from where Chris drew

down on you until he came up on you, you

got a pretty good look at him; right?

A. Uh-huh þositive response).

a. What else did he have on him, if anything,

as far as on his person? Did you see any

equipment belt or anything like that?

A. Only thiqg I can recognize is he had on a

black T-shirt with the shield and he had on

regular short pants like I had on, tennis

shoes or something to that effect.

a. Did you see anything on his belt?

A. I can't recall. I wasn't paying any

attention to that. All I was focusing on

was the gun on me.

a. From the time Chris initially yelled at you

to get on the ground until the time that he

approached you and as you said foot-swept

you and cuffed you, did he do anything else

that we haven't talked about?

A. Not from the time he came from there and

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 25 of 41
Deposition of Richard Marshall November 14,2007

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Page93

foot-swept me on the ground he didn't.

After you were in cufß and on the ground,

I think you told me earlier that's when

they cuffed Kevin; right?

Yes. Shawn Hutson went and pulled him out.

TVere you able to see that --

Yes.

-- from where you were?

Yeah.

How were you -- Let's go back to

Defendant's Exhibit 2 again. Once you were

cuffed and on the ground, can you show me

how you were laying by referencing

Defendant's 2?

Well, when he foot-swept me and kicked me

on the ground, I was laying out toward -

like in this direction headed toward this

direction.

So you're out --

Out from the door.

-- to the lower part of the picture

underneath the door -- the front door?

Out from the door, yeah.

Page 95

a. How did he take him out? Describe that

process for me.

A. Only thing I can see he grabbed him and

pulled him out of the car.

a. Was it through an open door or through the

window?

A. The door. The door was open.

a. And what did he do to him once he pulled

him out of the car?

A. Put him in handcuffs and set him up there

on that hill.

a. Where we see him in Defendant's 7 and 8?

A. Yeah.

a. Did he pretty much stay there for the rest

of the time until he was taken from the

scene?

A. Yes, sir.

a. All right. Once Kevin was cuffed, what

happened?

A. Chris West got me up off the ground and put

me back upside my car door. My back door

wasn't open at the time. My back is

against my door and in cuffs, and he

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Page94

Is that with your head facing back towards

Highway 2l?

My head is out this way where I can see

Highway 2l and I can see in my car.

Looking at Defendant's 2, where is the

Lincoln at? Can you point for me the

general direction the Lincoln was in?

The Lincoln was still up here at the front

where it was.

You're kind of pointing off to the

left-hand side of Defendanfs 2 kind of in

the middle; is that right?

Up in front of the vehicle where it was

resting on the other picture. The Lincoln

was still there.

How did Kevin get out of the car?

Shawn Hutson pulled him out of it.

I understand that. But what side of the

car did he come out ofl

Passenger's side.

So Shawn came around to the passenger's

side of the car and took him out?

Yes, sir.

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Page96

started asking me, you ain't seen the

badge, you ain't see this, you ain't see

that. I said, man, I ain't seen nothing

but the gun. He didn't like what I was

saying, so he grabbed my pants and he

shoved me against the car. I said, man,

what you doing. He started going in my

pockets. I know he took my wallet out. I

didn't even see him take the money out. He

took my wallet out, open it up, throw it

inside my car on the seat.

Which seat? The back seat or the front

seat?

It was on the front seat.

Did we see your wallet in any of these

picfures?

I didn't see it.

So he searched your pants?

Yeah. He put his hands in all my pockets

and he came out with the wallet and looked

in it. And like I say, I didn't see him

come out with the money. But I was still

standing there. He was raving on about why

24 (Pages 93 to 96)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 26 of 41
November 14,2007 Deposition of Richard Marshall

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Page97

I ain't stopped, this and that. I told him

I didn't know who he was; I thought you was

somebody trying to rob me. You know who I

was, this and that back and forth.

Let me stop you right there. Other than

your wallet -- You said you didn't see him

take the money out?

I didn't see him take it out, but he put

his hand in the pocket where my money was.

I didn't see him take it out.

Did he take anything else out of your

pockets?

Just my wallet in my sight. I saw him take

the wallet out and go through it and throw

it down. .

Did he search any other part of your person

other than the pockets of your pants?

He had - Like I say, he had his hands

verbally in -- like in the belt part of my

pants and pulled them first like shoved me

against the car. Then he started searching

me. After that he went to the trunk of the

car and started tearing it up, opening it

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Page99

whatever. Shawn was more or less over by

the vehicle.

I'm just focusing on the time right now

while Chris was searching your person, not

the vehicle yet. Was Shawn standing

nearby?

I can't recollect where he was then. I

know he had got Kevin out of the car and he

wasn't in our immediate space.

All right. Once he got done -- Once Chris

got done searching you, what did he do with

you, if anything?

I was standing right there, as I say, in my

car door. The passenger rear door is still

closed. He wanted me to get in the back

seat of the car. I said, man, you see this

tight space; I can't get in there with my

handcuffs on; I'm a big guy; I can't get in

there. He got mad and grabbed me inside my

pants and rammed me against the car and he

snatched me back. That's when my pants hit

the ground off r.ny leg because he busted the

zipper and the button. My pants was on the

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Page 98

up.

Okay. About how long did his search of

your person take?

I would ápproximately say 10 minutes.

l0 minutes?

Approximately. Because he went through the

trunk and everything.

I'm just talking about yourperson.

Oh, me?

Yeatr. Your person.

Couple of minutes. Couple of minutes.

While this was going on, rilere you able to

see or hear what was going on with Kevin?

No. I ain't heard - As far as I know,

Shawn had placed him over there sitting

down. He wasn't going nowhere.

Was Shawn present while you were being

searched by Chris West?

Yes, sir.

Was he standing there?

He was more or less out around the Lincoln

Town Car around the vehicle. Chris was

searching me, searching the trunk or a

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Page 100

ground. I said, man, what You doing. I

said, you see I can't get in there; put me

in the patrol car or whatever you're going

to do. You're going to get in here; such

and such, such and such. So at this time

cars started coming up Highway 21'. He

stopped doing what he's doing, went to the

Lincoln Town Car, reached in there, got a

light. He put the light on toP of the

car. The light wouldn't even work. He

beat on the light three or four times

before the light started flashing. That's

how I was able to know there was no light

present throughout the whole incident. He

put the light on the car after he had did

all this and I'm watching him doing this.

You watched him take the light out of the

car and put it up on --

I watched him reach inside the car and come

out with a light. He stuck it on toP of

the car and he beat on it three times

before it even started flashing.

How much did you weigh in June of '05?

25 (Pages 97 to 100)

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Deposition of Richard Marshall November 14,2007

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A. I was probably weighing about 275,280back

then.

a. How tall weie you?

A. s-9.

a. The shorts you were wearing that day, were

they tight on you? Baggy? Were you

wearing them low slung?

A. Just snug fit, average fit.

a. Did you have a belt on?

A. No belt.

a. You were wearing boxers underneath them; is

that right?

A. Yes, sir.

a. You said the zipper broke on the shorts?

A. The zipper bust and the button popped off,

because he stuck his hands in the inside of

my crotch and gripped the pants and forced

me back in the car while I'm already in

cuffs. Then he choked me because I was

asking what he was doing. I said, man,

what this all about. When I wouldn't get

in the car -- Thafs what made me get in

the back seat of the car. He verballv

Page 103

that right?

Full nelson, some type of chokehold.

That's all I know. I can't describe

exactly how it was. All I know I was being

choked. He was in front of me and he was

choking me. Cut my air off.

Once you got in the car, did he stop

choking you?

He stopped choking me while I was still

standing there because I gave up

resisting. I told him, okay, I'll get in

the car because I couldn't breathe.

So you agreed to get in the car and he

released his hold; is that right?

Yes.

About how long were you in that hold?

Long enough for my breath to get cut off.

Seconds? Minutes?

Seconds. Wasn't no minutes. Seconds.

l0 seconds? Five seconds?

I don't know how many seconds.

Approximately five to 10 seconds.

We do see you in the car in these pictures;

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choked me until I couldn't breathe, and

that's when I subdued and got in the back

seat ofthe car.

Describe for me how he choked you.

Doing the motion. When he slammed me

against the car, I still wouldn't get in

the back seat ofthe car because I

couldn't -- it's a small car. I know I

couldn't hardly get in there. And I

wouldn't obey what he was doing. He said,

you're going to get in the back seat of

this car because traffïc coming at the

time. He grabbed one hand on the back of

my neck some kind of full nelson choke and

my head was like this (indicating). You're

going to get in the car. That's what he

said. You're going to get in there. And

when I stopped -- couldn't breathe, I gave

up and crawled in the back seat of the

car. You see my legs are still out. I

couldn't get my whole body in there.

So he had one arm in the front of your neck

and one arm in the back ofyour neck; is

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Page 104

right? Let's look at Defendant's 7. Is

that you in the back seat of the car there?

A. Yes, sir.

a. And Defendant's 8, is that you in the back

seat ofthe car?

A. Yes, sir.

a. And I think you told me he searched your

car too. Was that before or after he put

you in the back seat ofyour car?

A. I know he searched it -'the inside part

with me standing right here just reaching

in. I'm standing here. He just reached in

and he got the keys out during that time

and he went to the trunk of the car, opened

it with the keys and started going through

the trunk while I was standing there. And

he came back and slammed the trunk or

whatever and came back around.

a. At some point did he fïnd the gun?

A. Oh, he abeady saw the gun.

a. Tell me when you first became aware that he

\r/as aware of the gun.

A. Afterhe had slammed me down on the gtound

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 28 of 41
Deposition of Richard Marshall November 14,2007

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Page 105

and put me in cuffs they sa'w the gun,

because they was making little smart

comments about the gun on the seat and this

and that.

Who made the comment about the gun?

Shawn Hutson. Oh, he got a big gun; oh, it

ain't no cheap gun either; all this and

that. I told them it's not my gun. That's

your gun? I said, it ain't my gun, man.

Had the radio been turned off at this

point?

Chris ÏVest turned the radio down after he

put me in cuffs.

After he put you in cuffs?

Yeah.

Is that about the same time that he found

the gun?

Yeah. He saw the gun right after he

reached in the car or whatever.

Did he take the gun, did he move the gun,

or did he just leave it right there where

we see it?

He left it right there.

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or whatever. Then Shawn came over where he

was and they were making little small talk

about the caliber and the model of the gun

or whatever, this and that.

Any other conversation that you heard?

No, sir. After that incident, Chris West

took me up there and put me on the hill

beside Kevin.

Took you back out ofyour car?

Yes, sir.

(Defendant's Exhibit 9 was marked

for identification.)

I'm going to show you what we'll mark as

Defendant's Exhibit 9.

Uh-huh þositive response).

Mr. Marshall, do you recognize what's in

Defendant's Exhibit 9?

Appear to be some money.

Looks like it's on some carpet too; right?

Appear to be.

Is that the same kind of carpet that you

have in yourNova?

My Nova doesn't even have carpet in it, so

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Page 106

All right. Then he did a complete search

of your car; is that right?

He went to the trunk. He already had

visually searched the little front part,

which is not too much concealed. He went

to the trunk and that's where he did most

of the searching, moving stuff doing this

and that, whatever he was doing back

there. He came back a little while where I

was.

Did he bring anything with him when he came

back up there where you were?

No, sir.

Did he tell you that he had found anything?

No, sir.

About how long did it take him to search

the car?

I'd say the whole search probably I'd say

five to 10 minutes.

While Chris was searching the car, what was

Shawn doing?

Shawn was back toward the Lincoln Town Car

and Chris made the statement about the gun

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Page 108

I don't know what that is.

Did you have money like that that day, a

five and what looks like a bunch of ones?

I had $500. If that's the money, I don't

know whose it is. It ain't mine. I had

two $100 bills and the rest in twenties.

So it's your testimony that that money

wasn't in your car that day?

I can't say it wasn't in my car. It may

have been Kevin's money, but it's not mine.

So you don't recognize anything in

Defendant's Exhibit 9 at all?

It's not my money.

That's not what I asked you. I understand

that you know that it's money. Do you

recognize what Defendant's Exhibit 9 shows?

I don't recognize that.

(Defendant's Exhibits 10 and 11

were marked for identification.)

Mr. Marshall, I'm going to show you two

morepictures, Defendanfs 10 and 11. Were

those pictures taken of you on June 28th,

2005?

27 (Pages 105 ro 108)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 29 of 41
November 14,2007 of Richard Marshall

Page 109

Yes.

Is that what you twere wearing at the time?

Yes.

And that is you in those pictures; right?

Yes.

MR. V/ILFORD: Lefs get something

to eat.

(Whereupon lunch recess was taken.)

. (Continuing by Mr. Wilford) Mr. Marshall,

you testified before we took a break that

at some point you were taken and put over

on the side of the hill there next to

Kevin; right?

. Yes.

. What, if anyttring, happened after you were

put over there by Kevin?

. They ran my name, his name in and --

. What do you mean they ran his name in?

. Warrant check or whatever, social security

number. Ran both our names and --

. Did any other police units arrive?

. Probably 30 to 45 minutes later they called

back to Hayneville for a sheriffs deputy

Page ll0

vehicle. It arrived, which I was placed

in.

l. I'm sorry I intemrpted you. So they

called his information in?

.. Called both of us in.

r. Anything happen after they called that in?

.. No. We just was sitting there on the grass

and they was walking around talking among

themselves. I heard them calling in for

the vehicle.

l. Did they call over a radio or cell phone,

or how did they do that?

.. Over the dispatch (indicating).

l. You're doing -

r.. Police dispatch.

¡. Over the radio?

\. I saw them reach in the car,Yeah,

). Could you hear what they were saying?

\. Only what I could make out of it my social

security number and name being called and

they was running or whatever over the loud

speaker.

). And so you sat there on the side of the

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hill for 30 to 45 minutes before another

vehicle came?

Yes. Before the police vehicle came.

Anything else happen during that time

besides your information being called in?

Not during that time I was sitting on the

hill. Nothing happened then.

So nothing happened between that time and

the time that another police unit showed

up; is that right?

Ño. Nothing happened. The only thing that

I forgot to leave out that happened is

backing up to when Chris West initially

drawed down on me he did fire his weapon in

my direction.

You forgot to mention that?

Yeah.

Was that after you had a chance to talk to

your lawyers at lunchtime?

MR. LEWIS: Object.

I just -

MR. LEWIS: Don't discuss anYthing

that you and I might have

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talked about.

I'm not asking about the substance of the

conversation. I'm just - Vy'ere You

reminded of it at lunchtime?

No, I wasn't reminded of it.

Well, what happened with this shooting?

It just -- That's the first thing - After

he drew down, he fired the weapon before

coming to approach me. \

Before who approached You?

Before he approached me he had already

fired the weapon.

Let's back up, then, and as You say

completely regroup. He got out of the car

and he had his weapon pointed at you; is

that right?

Yes, sir.

Did he give you commands?

He said get on the ground or something to

that effect.

And you didn't comply with those commands.

You told me that earlier; right?

No, I didn't comply.

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 30 of 41
November 14,2007 Deposition of Richard Marshall

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So you were still staniling there?

In the doorway, yeah.

In the doorway of the car?

Uh-huh þositive response).

And he fired?

Yeah.

This was after giving you commands and you

not complying; right?

Yeah. He had given some kind of command.

And you hadn't complied?

No.

Where did he shoot?

Right out - if I may.

Sure.

In this general direction (indicating).

We're looking at Defendanfs Exhibit 2.

Right down past the doorwaY.

You're making a pretty broad motion there.

I'm standing in the doorway, but he fired

right out from -- past the doorway in this

direction down --

Towards the front of your car or --

I heard the bullet hit the ground. I heard

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Page I 15

ground. I've been arrested before. That's

why I had my hands up to show I wasn't

posing a threat. But I didn't see any

reason why he had to fire at me.

V/ell, when you were arrested before, did

you do what the police told You to do?

Yeah.

And you have no idea where the round hit

the ground other than it was generally

somewhere out in front of your car on the

passenger's side?

I can't specifically say where it hit, but

I know it was right in the direction of the

front driver's door somewhere before the

end of the car. I heard it hit the ground

when he shot.

Did it kick up any dirt or grass or

anything like that?

A. Just like (indicating) quick.

a. Did any of it hit You?

A. No. Didn't no dirt or -- it didn't hit me.

a. A[ right. Up until the point that another

police vehicle arrived, have you told me

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the gunshot. It hit the ground somewhere

in this direction. He fired down there.

Did the bullet strike the ground in front

of you or off to the side of you?

I can't say exactly where it struck,

gunflrre. But I did hear it hit the ground

in this area right here. I heard it.

How many times did he shoot?

One shot.

And did you comply with his commands after

he shot at the ground?

I still had my hands up over the vehicle.

I asked him, why are you shooting at me,

what are you doing, and he was just still

saying, get on the ground, this or that,

get on the ground. That's when he was

walking up on me.

Okay. So this man just fired a round at

your feet? This man thatyou know to be a

police officer and you still didn't do what

he said?

He fired at me, but I didn't - like I

said, I didn't run out to jumP on the

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everything that happened out there after

you were put on the side of the road?

Yeah. Up until he placed me beside Kevin.

The only other thing happened is the

vehicle pulled up and they placed me in

that vehicle and put Kevin in the Lincoln

Town Car.

Let's talk about -- How many other vehicles

showed up?

Just one.

What kind of car was it?

Brown Ford Crown Vic, county sheriff.

It was a county sheriffs vehicle?

Yeah.

All right. Do you know -- How many

officers showed up in that car?

One officer.

Do you know the name of that officer?

No,I don't.

Can you describe him for me?

Appeared to be a younger white guy, kind of

stocky build, Army cut.

And you were placed in the back of his car?

29 (Pages I 13 to I 16)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 31 of 41
Deposition of Richard Marshall November 14,2007

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Yes, sir.

When did that occur? V/as it right after he

anived, or how much time passed?

Well, I'll say approximately l0 minutes, 15

minutes max after he arrived after they

figured out who was going to get in what.

The guy placed me in the back of the county

sheriff car and placed Kevin in the front

seat of the Lincoln Town Car. And Shawn

Hutson drove off in my car.

You watched him drive off in your car?

Uh-huh þositive response). He left first.

You were still there on the scene?

Uh-huh (positive response).

How long did you stay there on the scene

after your car was driven off?

Approximately five minutes.

Did anything happen during that five

minutes?

No. I just was driven off by the county

deputy sheriff.

Did you leave first, or did Chris leave

flrrst?

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This would be263 crossing.

Right.

I would say soinewhere in here right down

from the turn on County Road -- off County

Road 7 on?I.

Looks like you're kind of pointing - and

correct me if I'm wrong -- about halfivay

between County Road 7 and your home on

Highway 21.

Right off County Road 7 probably a couple

hundred feet. That's where they stopped.

Did they find anything?

Not to my knowledge. I didn't see them

find anything.

Has it come to your attention at some point

later that they found anything?

It was said that he picked a baggy up

beside the road or something.

Did you ever see the baggy?

No, sir.

How long did it t¿ke them to search on the

side of Highway 2l?

I'll say approximately 15 minutes or so.

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Shawn Hutson left first.

Yeah. We established that.

Then I left in the deputy sheriff car. And

we only went halfway up 21 when they

stopped and got out ofthe car and started

looking for something. Shawn Hutson turned

around in my vehicle and came back and

stopped and got out with Chris West walking

down 2l appeared to be looking for

something. I was in the county sheriff

car. Kevin was in the Lincoln Town Car

behind us.

All right. Where did you stop? V/as it

before County Road 7 or after County Road

7?

On Highrray 2l nght up the road. After

turning on Highway 2I,they stopped right

there and - all three vehicles.

I understand it was on Highway 2I. I'm

just trying to figure out. Lefs go back

and look at Defendanfs Exhibit 5. About

where on County Road 2l did they stop and

look?

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Was Kevin there, too, in their car?

He was in the Lincoln.

What happened after they got done

searching?

Chris West came back to the Lincoln, waved

Shawn Hutson to go on. And the sheriff car

pulled off with me and then they stopped at

the store right up the road I was telling

you about, Howard'q Country Store. Shawn

Hutson pulled up on the gas tank, put gas

in my vehicle. Chris West, the deputy, and

Shawn Hutson went inside the store.

Probably got something to drink or

whatever. I had a flat -- They had a flat

on the sheriffs car. They changed the

flat while I was still in the car, Chris

West and the deputy sheriff.

There at the gas station?

Yes, sir. They changed the flat. And

Shawn Hutson, he left about l0 minutes

earlier and went up 2l in my car.

V/as your car almost out of gas?

Yeah. It was on E.

30 (Pages l17 to 120)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 32 of 41
Deposition of Richard Marshall November 14,2007

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a. How long did that take there at the gas

station for them to do all that?

A. I'll say approximately another 20 minutes.

a. IVas there any conversation with you that

took place at that time?

A. No. I was in the back seat of the patrol

car the whole time.

Nobody talked to you?

No, sir.

Did anything else happen as far as

something happening to you personally while

you were there at the gas station?

No, sir.

Just sat there and waited for them?

(Witness nods head). Yes, sir.

What happened after the gas station?

After changing the tire, Chris West got in

the Lincoln. He left first. The deputy

sheriff got in and proceeded to go to the

Lowndes County Detention Facility.

Between the gas station and the detention

facility, did you have any conversation

with the deputy?

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toward the wall. The deputy was standing

over to the right by the counter. Told me

to take off - lVell, he took the cuffs

off. He told me to take offjewelry,

et cetera.

Who told you to do that?

Chris West. Told me to take off the

jewelry. So I took fhe jewelry off, put it

on the counter. And at this point they was

fixing to log whatever possessions in the

booking. Chris V/est put what was supposed

to have been my money on the counter, which

I see was only five twenties, $100 bill. I

immediately asked him where is the rest of

my money. The deputy reached to get the

money and tried to count it. Chris West

snatched it out of his hand and told him

don't worry about it, put him in the hole.

They put me in the hole.

How much did he put on the counter?

$100, five twenties.

Five twenties?

Uh-huh þositive response).

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A. No. He didn't say anything.

a. Did you hear anything on the radio?

A. No, sir.

a. tJVhat happened when you got to the jail -

excuse me -- detention facility?

A. The deputy radioed to come in through the

gate and Chris West came in also. And he

brought - Deputy got me out of the back

. seat of the car and brought us into the

facility into booking.

a. Anything out of the ordinary happen from

the time you got out of the car'and you got

to the booking area?

A. No.

a. Did you have any conversation with the

deputy?

A. No.

a. Who escorted you from the car to the

booking area?

A. The deputy.

a. What happened when you got to the booking

atea?

A. I think Chris West told us to stand back

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I take it at some point you had to have

been taken out of handcufß, right -

Yes, sir.

- to take all your stuff off?

Yes, sir.

When were you taken out of handcuffs?

Not -- A couple of minutes after coming

into booking after Chris got behind the

desk and told them to take me out of the

cuffs so I can take my belongings off.

Who took you out of the cuffs?

The deputy.

rWas there anybody present in the room

besides you, the deputy, and Chris?

Kevin. And another lady in booking was

behind the desk.

There was a lady in booking?

Uh-huh þositive response).

What about Shawn Hutson, was he present?

Shawn Hutson wasn't in there.

Where was the lady that you described being

in booking when the discussion of the money

occurred?

3l (Pages l2ltol24)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 33 of 41
)n of Richard Marshall

Page 125

\. Standing right there. She was in her

desk. But when Chris came in, she got up

and Chris got in the desk and started

getting the paper or whatever. She was

standing right beside him when he put the

money on the counter and I immediately

said, man, that's not all my money, where

is the rest of my money. And the deputy

reached for it to start counting it and

Chris snatched it from him and told him,

don't worry about it, put him in the hole.

l. Do you remember what this lady's name was?

\. I can't recall.

l. Can you describe her for me?

\. I probably knowher ifl see her. Ifs

been a while. I've seen her since I've

been back up there. But I probably have to

see her. I'm not sure if it's

Ms. Cottrell. Ifs one of them. I don't

know who is in booking. It was around

two * between two and 2:30 when we finally

reached the facility that evening. From 12

that evening when the incident started, it

Page 126

was two to2,,30 when I finally reached the

building.

l. You're saying evening. 12 noon?

\. It was somewhere around 12 noon when the

incident began. When I finally arrived

there, it was somewhere between two --

after two o'clock.

l. P.m. or a.m.?

\. P.m.

). Okay. I'mjustmaking sure.

All right. Now, you made a statement

about your money there, a verbal statement;

correct?

\. Yes, sir.

). At any time did you ever make a written

statement about your money while you were

in the jail?

\. No, sir.

l. Did you ever file a grievance?

\. No, sir.

). Have you ever filed a report with any

police agency about your money being taken?

\. No, sir.

November 14,2007

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Page 127

a. Did you ever talk to the sheriff about it?

A. No, sir.

a. Did you ask for any medical attention?

A. I did upon going to jail, but I never did

get any.

a. When did you first ask for medical

attention?

A. Approximately the next morning I told them

I had a headache and I had bumped my head;

I had lacerations on my wrists from the

cuffs being tight; I need to see a doctor;

but no response.

a. How did you ask to get treatment?

A. They have a -- press the button for verbal

-. response and you have to fill out a paper,

a request or something for it. But I never

did get a chance to go.

a. Did you fill out the paper?

A. Actually, I don't even recall. I can't

really be certain. But I know I mashed the

intercom to request a doctor.

a. Do you know who you would have spoken to?

A. At the time it was just the jailer on duty

. Pagel2S

in the booth, whoever was in the booth at

that time.

And you don't know who that is?

I can't recall.

Was that the only time you asked?

Yes. After I didn't get no reply, I just

left it alone.

Was there anyone who witnessed you asking

fqr medical attention besides the person

you talked to in the booth?

Inmates.

Do you recall any of their names?

I don't really -- didn't know anybody in

there. Just dayroom area people. I don't

know any of them.

You didn't know any of them at the time?

Not the present day when I requested

medical treatment.

Have you spoken to anybody who was an

inmate in there with you since then?

No.

As you sit here today, you can't tell me

any names of any of the inmates who were in

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 34 of 41
Deposition of Richard Marshall November 14,2007

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Page 129

there with you?

A. Maybe one or two that I got to know while I

was in there, but I haven't seen them since

I made bond.

a. Who are they?

A. I know Joshua Bullard. He was in there. I

know it was somebody else in there I knew.

I can't really recall right now off the top

of my head.

a. How long were you in the jail after being

placed in there on the 28th of June?

A. I made bond August 5th.

a. How did you make bond?

A. Bail bondsman.

a. Who arranged that?

A. My girlfriend and me.

a. Who was your girlfriend?

A. Ernestine Powell.

a. Ernestine?

A. Uh-huh (positive response).

a. Powell?

A. Yes, sir.

a. Are you still in contact with Ms. Powell?

Page l3l

Not right off the top of my head I don't.

Was it her propefy that she was going to

put up for you?

Yes, sir.

Do you know where that property is?

It's in Mosses.

Is it her residence?

Yeah. Brick home.

What happened with that?

From my understanding I talked with her

three times on the phone. She told me that

she contacted Sheriff Vaughner and he told

her that on first account that he would

give it some thought. Second account he

said -- he just blew it off. And the third

time he seen her that Wednesäãy and asked

him was he going to let her sign my bond.

He told her something to the effect I'm

going to let him sit there a while; I'll

have to think about it. And after that I

didnt even get in contact with her

anymore. She wouldn't try to do it, I

guess.

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Page 130

A. Yes.

a. 'Where does she live?

A. Greenville.

a. Have you got an address?

A. 22 Cherrywood Lane. She was on my bond.

a. Did she put up the money?

A. Halfofit.

a. Half?

A. (Witness nods head).

a. How much was your bond?

A. Initially 10,000. 10,000.

a. There's an allegation in your amended

complaint atparagraph 39 that an aunt

tried to do a properly bond for you. Who

was that aunt?

A. MaruettWright.

a. Can you spell that fitst name for me?

A. M-A-R-Z-E-T-T.

a. W-R-I-G-H-T?

A. Yes, sir.

a. Where does she live?

A. Mosses Highway.

a. Do you have an address for that?

Page 132

That's what supposedly Sheriff Vaughner

told her?

Yeah. That's what she told me Sheriff

Vaughner told her. She's the county

commissioner over District 5.

Do you know what the value of herproperly

is there in Mosses?

Not exactly. I know it's a Jim Walter Home

she had purchased some years ago.

Did she own it outright? \

Yes, sir.

Did you ever personally speak with Sheriff

Vaughner about your bond?

I requested to talk to Sheriff Vaughnerbut

never came through with the request. But

one day he did happen to come in the back

area where I did verbally ask him w.hy

wouldn't he let my aunt sign my bond, and

he act as if he didn't know what I was

talking about. He told me, you give her a

call and he'll see what he can do. That's

what he told me that day.

When was that?

a.

A.

a.

A.

a.

A.

a.

A.

a.

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33 (Pages 129 to 132)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 35 of 41
rn of Richard Marshall

Page 133

A. Approximately a week after I had been in

there, after she told me she had did all of

that.

. Okay. Did you have any visitation while

you were in jail?

4.. Yes.

a. Who came to visit you?

4.. My aunt came once to retrieve my jewelry

and the $100.

a. Is that the same aunt that was going to put

up the house?

4.. Shirley Marshall. It's my aunt. It's who

I released $99 to because I took a dollar

for two aspirin I took in there. She took

my jeweþ and $99 off the book to go

toward my bond.

(Defendant's Exhibit 12 was marked

for identification.)

l. Since we're talking about that, let me show

you Defendant's Exhibit 12. Have you ever

seen Defendant's Exhibit 12 before,

Mr. Marshall? \. Yes. I had to sign that to release my

jewelry and the money.

l. That's your signature there? \. Yes, sir.

l. And that's where Ms. Marshall came and

picked up yourpropefy and your $99.50 it

says? \. Yes, sir.

). Anybody else besides Ms. Marshall come and

visit you?

\. Girlfriend,Ernestine.

l. Anyone else? \. If anyone else came, I never saw them.

). fuid you were able to make some telephone

calls because you were telling me about

talking to your Aunt Wright. \. Yes, sir.

l. Did you make any other telephone calls -. I

tell you what. Let's back up and talk

about the 28th of June when you were

initially brought to the detention

facility. Were you able to make a phone

callthatday?

\. Yeah.

November 14,2007

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Page 135

a. Who did you call?

A. My aunt, Shirley Marshall.

a. Shirley Marshall?

A. Yes, sir.

a. And what did y'all talk about?

A. I told her that I had been arrested and I

needed her to come up here and see could

she get me out.

a. And what did she say?

A. Asked me what happened and where is she

going to get the money from. I told her to

come get my money and come get my jewelry

and pawn it and try to get some bail when I

get-whenlgetabond.

a. What kind of telephone did you use to make

that call?

A. Phone right there on the desk.

a. Just a regular old phone?

A. I guess the office phone they use in

booking. The phone in booking.

a. Do they havephones in the detention

facility back in the dayroom areas and the

cell blocks?

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Page 136

Yes, sir.

Did you ever make any phone calls on those

phones?

Yes, sir.

How does that work?

Got to call collect and get somebody on the

other end to accept.

And who did you call on that phone -- on

those phones?

In the back?

Yes, sir.

Called Marzeft Wright a couple of times. I

called my uncle. Uncle tried to post

bond. Didnt come through.

Which uncle was that?

My father -- father's brother from New

York. Now stays in Selma.

What's his name?

John -- I want to say John Cowans. Call

him Bip.

Bip?

Yeah. That's all I know him from my

childhood. Just moved from New York about

133 to 136)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 36 of 41
Deposition of Richard Marshall November 14,2007

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Page 137

three years ago.

Anybody else?

I called Shirley and her daughter on

three-way. That's mostly who I was getting

to call. And I had her to call my lawyer,

Charlotte, and go to Charlotte's office for

me.

'Who is Shirley's daughter? You said her

daughter.

Cherry Marshall.

How old is she?

Just estimating. I don't know. She go

along with Kevin. However old Kevin is.

I'm the oldest of all of them. However old

he is. 2O-something. They're the same

age.

Did anyttring happen to you while you were

there at the detention facility?

Nothing physical, no.

And you said you were there until the 5th

of.August; is that right?

Yes, sir.

And you were released on bond?

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Page 139

called my name on the docket. And Chris

West called my lawyer in the corner and she

told me that he was throwing it out and I

can go home.

That Chris West was throwing it out?

That's who she was in the corner and, you

know, had a little mediation with and came

back to me.

Did you ever learn why it was thrown out?

No. Iain'teverknown. No. Shejust

told me they was throwing it out. He asked

her permission to come speak to me and told

me I can pick my vehicle up the next day,

which they had it impounded since that

incident. This was January 4th or 5th I

want to say before the 6th when I went to

court.

Was there any damage to your vehicle?

Yeah. Knocked out of alignment. Pipes was

hanging down.

What kind of pipes?

Exhaust. Exhaust pipe was rattling. Rear

bumperbent.

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Page 138

A. Yes, sir.

a. You didn't miss any work while you were in

thejail; right?

A. I wasn't working at the time.

a. So you didn't miss any work?

A. No.

a. What happened after you got out ofjail?

A. Started trying to get a lawyer to see what

was going on with the charges.

a. What charges did you have as a result of

the June 28th incident?

A. Pistol carrying without apermit and

possession of a controlled substance.

a. What was the controlled substance?

A. I don't know. Thafs all they told me,

possession of a controlled substance.

a. They never told you what it was?

A. No, sir.

a. Did you ever have to go to trial on those

charges?

A. Yes, sir.

a. What happened attnal?

A. I came to trial with my lawyer. They

a.

A.

a.

A.

a.

A.

a.

A.

a.

A.

a.

A.

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Page 140

Can you show me where on the pictures?

You can see right there the bumper is bent

up on the light where he rammed me at. And

you can't really tell, but after I got it

back out of the pound, itjust drive like

it wasn't the same car no more.

Looks like when you were describing where

he hit you it was the -- was it the back -

Yeàh. It was pushed uP.

-- driver's sideTght underneath the

taillight there?

And it have been also burglarized while it

was in the pound. All the music equipment

was stolen out, radio. The lock was

jimmied out and the side glass was broke.

'Where was the impound at?

Randy's Impound in Ft. Deposit.

Did you ever get any money out of them or

any redress for what happened to your car?

They told me to call Chris West.

What all was taken out of the car?

Stereo from the inside, all speakers,

woofers and amps out of the trunk, CDs,

35 (Pages 137 to 140)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 37 of 41
rn of Richard Marshall

Pagc l4l

et cetera.

l. Anything else?

t. That's it.

l. What happened to the gun?

t. I don't even know. All I know they stopped

the case. I don't know anything else about

ir.

Did they drop the charge on that too?

Yes.

Has Mr. McWilliams ever come to you and

asked for his gun back?

He asked me what happened to it. I told

him it was in the car that day and as far

as I know the police got it.

How many times have y'all talked about that

gun?

I've seen him on two or three occasions in

the past two years since the incident and

he asked me about whatever happened to his

gun and I told him as far as I know the

police got it.

Well, has he blamed you for losing his gun?

I mean, he knows what happened that day.

Page 142

He ain't really pointing no blame. He just

asked me \ryas it -- what happened, can he

go -- can he pick it up. I told him I

don't know. I went to court and they

tossed it is all I know.

a. Do you know if he's ever hied to get it

back?

A.. I don't.

l. When's the last tirqe you talked to him?

4.. I would have to say a couple months ago.

Probably a couple months ago last incident.

a. Did he ask you about the gun then?

4.. Yeah.

a. I'm sorry?

A.. Yes, sir.

a. Do you know who the prosecutor was in your

case?

4.. I really don't even know.

a. Otherthan, of course, Kevin who was in the

car with you, do you know of anybody else

who claims to have witnessed the chase from

County Road 7 up to where you wound up on

Highway2L?

November 14,2007

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Page 143

A. No. I don't know anybody who have

claimed. All I know it was vehicles

passing along. I'm not sure who witnessed

it. But not anyone to my knowledge that I

know.

a. You're talking about after y'all came to a

stop on 2l?

A. Yeah. After we came to a stop it was some

vehicles started passing by.

a. Did you recogwze any of those vehicles?

A. I recognized one vehicle that stopped when

I was standing beside the road in my

boxers. It was relative -- a distant

relative that stay down the road from me.

And she turned around. Actually that's

when Chris stopped doing what he was doing

to go get the light and put on top of the

car because she slowed down when she saw me

beside the road and turned a¡ound and came

back down the road and they was waving them

on. And after that she went back up the

road. I ain't see her again.

a. TVhat's her name?

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Page 144

A. Margaret, Margaret Wright.

a. Margaret Wright?

A. Yes, sir.

a. And where does she live at? Do you have an

address?

A. Right down the road. Dutch Bend area. I

don't know the number -- address. Ifs

right down the road from the residence

where I was residing at the time.

a. Which way?

A. Approximately this far from where I'm at.

Ifs a caution light there.

a. She lives down by the caution light past

your house going out towards Wilcox County?

A. Yeah.

a. Any other vehicles that you recognized pass

by that day?

A. I didn't recognize any other vehicle.

a. Has anyone come up to you and said they

witnessed your vehicle being knocked off

the road?

A. No, sir.

a. Do you know of anyone who has claimed to

s l4l to 144)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 38 of 41
November 14,200'l Deposition of Richard Marshall

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Page 145

have witnessed that?

A. No, sir.

a. And, again, I'm excluding Kevin because I

know he was involved.

Anyone besides Margaret Wright that

you're aware of who witnessed what happened

after you were stopped there at the side of

the road?

A. No, sir.

a. Is there anyone else besides you who can

testiff about the $500 that you supposedly

had on you that day?

A. As far as I know Kevin. No one else.

a. How would Kevin know that you had $500 on

you that day?

A. Because the motor we was pulling out for

one I had took small * apayment on from

my cousin. I had sold him the engine. We

was pulling the engine out of his car to

put the engine that I sold him in.

a. You had already collected payment for that?

A. He had gave me like $50 toward it. But he

still owed me the balance after we get the

Page 141

pocket and had more than $50 in my pocket.

He was staying with me at the time.

So he just knows that you had more than $50

on you?

Yes, sir.

Is that what you're telling me?

Yeah.

To your knowledge, does he know exactþ how

much you had onyou?

No. I don't think he knows exact amount.

He just knows I had more than that.

What damages are you claiming that you're

entitled to as a result of Chris Wesfs

conduct?

Well, for one I can't seem to acquire

employment since this incident. In my

field of warehousing every time I apply for

a job I'm being tumed down since the

incident happened. And I usually acquire

employment very rapidly. I claim the

damage to my vehicle that I have lost, my

possessions, lost bond money, loss of time

of suffering injail for something I didn't

a.

a.

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Page 146

carback running. We was pulling the dead

engine out. But I had sold him an engine,

but we hadn't ever got a chance to put it

in.

So that money that you had that day $50 of

it was from him. And who is he? Whafs

his name agairfl

That would be Herman. His name is Herman,

the one that owned the car.

S50 from Herman and the other $450 was left

over from your gambling winnings, Is that

what your testimony is?

The $50 he had previously given me * I had

money that I saved. It may have been the

$50. But I had $1,000 from gambling, you

know. That's what was left over from

everything, you know.

So explain to me again how the $50 for the

engine ties in with Kevin knowing that you

had $500 on you.

Because during the time that Herman came to

purchase the engine, he gave me $50 toward

it. Kevin would see that I reached in my

a.

A.

a.

A.

a.

A.

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Page 148

have.

a. Let me stop you there real quick. Didn't

you tell me.that your girlfriend put up the

bond money?

A. She put up half of it. The rest of it was

mine.

a. How much did youPut uP?

A. I put up like 450 -

a. $4so?

A. - that I recovered from pawning my jewelry

and the money left over that I had on the

book. She put uP the rest.

a. I'm sorry. I intemrpted you. The bond

money and what else?

A. Like I said, my vehicle damages I lost

there. And just me sitting in jail for

-. something I didn't do. I mean, it's just

unfair.

a. You haven't had any medical expenses;

right?

A. No, sir.

a. And you weren't employed at the time?

A. No, sir.

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37 (Pages 145 to 148)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 39 of 41
n of Richard Marshall

Page 149

). You told me that you still have the knot on

your head. Are there any other pennanent

conditions that you have as far as your

body goes as a result ofwhat happened on

June 28th?

\. Just that -- Just a lot of mental anguish,

just suffering, anxiety attacks. A lot of

nights I can't sleep at night for being

shot at. I already been robbed. It took

me a while to get over that. I had a gun

put in my face behind that. It took me a

while to get over that.

l. I'm not asking about your mental condition

right now. I'm just asking about your body

condition. Anything besides the knot on

your head? \. Oh, no. Just that knot left when I hit the

steering wheel, as far as that.

). Describe your mental anguish for me that

you're talking about.

\. I just * I just have a lot of nights where

I can't sleep, just anxiety attacks a lot

about the whole ordeal and --

Page 150

). Describe an anxiety attack for me.

\. Just nightmares of being shot at and ran

off the road by the police and being

suspect every time I'm being sighted in

Lowndes County by the police. I'm getting

strange looks. Or stopped like the

incident where I went to jail. It was

supposed to be a traffïc stop, but they

cglled Shawn Hutson who was on the drug

task force that day. Every time they lay

eyes on me they harass me about stuff like

that even though I just -- I don't

understand.

). Have you seen Chris West again since that

day?

\. I haven't seen Chris West since I went to

court in January'06.

ì. So thafs the only time you saw him?

\. Uh-huh þositive response).

l. So he hasn't pulled you over since then;

right?

\. No. I haven't seen him.

MR. WILFORD: Let's take a short

November 14,2007

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break.

(Brief recess was taken.)

a. Just a few more questions, Mr. Marshall,

and we'll be done. With respect to the

anxiety attacks and things that you were

telling me about, have you tried to get any

kind of mental health treatment for that?

A. Well, right now I'm in dire shaits. I

can't afford anything. I haven't seeked

any professional help for it. I've just

been ûying to deal with the stress, you

know. Somehow I hope it goes away over

time.

a. You say you havedt tried. Your

interrogatory responses you told us you

couldn't afford it. Irm just asking you if

you've tried.

A. No, sir, I haven't.

a. Has anybody recommended to you that you try

to get some mental health freatment?

A. I haven't referred to anybody. Ifs all on

my own.

a. After the robbery that you described for us

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Page 152

today, did you get any mental health

treaftnent for that?

A. No, sir.

a. Did you try?

A. No, sir.

a. Did anybody recommend to you that you

needed it?

A. Just deal with my own -- on my own. I

really don't have anybody but me, so I try

to deal with things rlmong myself. But it

took a little time for me to get my

mind-set back, you know, where I can be out

around people. Everybody just - I feel

like they out to get me, you know.

a. Are you set back right now as you put it?

A. I'm still having some anxiety attacks at

night. Still can't sleep some nights. But

if I'm somewhere around somepeople, you

know, I'm fairly being compromised. I kind

of cope with it.

a. You told me earlier -- I need to go back on

you a little more when you were first

brought into booking. Chris West said

r 149 to 152)

Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 40 of 41
Deposition of Richard Marshall November 14,2007

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Page 153

something about put him in the hole.

A. Yes, sir.

a. Vy'ere you put in a hole?

A. The holding cell up front. That's what I

meant.

a. So you were placed in the holding cell?

A. Yes, sir.

a. At some point you were put back in the

back; is that right?

A. I think later that night dressed me out and

took me to a cell.

a. So you stayed in a holding cell for a few

hours?

A. Yes, sir.

a. Is that fair to say?

A. Yes, sir.

a. I think that's all I have. Thank you very

much.

A. Thanks.

EXAMINATION

BY MR. LEWTS:

a. I have one question. When you're standing

up there on the side of the road in your

Page 155

I REPORTER'S CERTIFICATE

2 STATEOFALABAMA:

3 MONTGOMERY COUNTY:

4 l, Lyn Daugherfy, Certified Shorthand

5 Reporter and Commissioner for the State of Alabama

6 atLarge, do hereby certifu that I reported the

7 deposition of:

8 RICHARD MARSHALL

9 who was duly sworn by me to speak the truth, the

l0 whole truth and nothing but the truth, in the

l l matter of:

12 RICHARD MARSI{ALL,

13 Plaintiff,

14 vs.

15 CHRIS WEST, in his individual

16 capacity, LASHUN HUTSON, in his

17 individual capacity,

18 Defendants.

19 IN THE UNITED STATES DISTRICT COURT

20 FOR THE MIDDLE DISTRICT OF ALABAMA

2I NORTHERN DIVISION

22 Civil Action No. 2:06-cv-701-ID.CSC

23 on Wednesday, November 14,2007.

Page 154

boxer shorts, how were you feeling then?

Humiliated because traffic was coming along

and people seeing me beside the road in

cuffs in my underwear.

MR. LEIVIS: Okay. That's it.

(Deposition was concluded at

approximately I :55 p.m.)

* * * * {. * *c * {< {. * * * {< {< \

FURTHER DEPONENT SAITH NOT

****( {c{<** *t*

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Page 156

The foregoing 155 computer-printed pages

contain a true and correct transcript of the

examination of said witness by counsel for the

parties set out herein. The reading and signing is

hereby waived.

I further certiS that I am neither of kin

nor ofcounsel to the parties to said cause nor in

any manner interested in the results thereof.

This l3th day of December20A7.

Lyn Daugherty, ACCR #66

Expiration Date: 9-30-2008

Certified Court Reporter

And Commissioner for the

State of Alabama atLarge

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Case 2:06-cv-00701-ID-CSC Document 33-8 Filed 02/12/2008 Page 41 of 41
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EXHIBIT 6

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LOWNDES COUNTY

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EXHIBIT 7

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