2:06-701-ID

Richard Marshall,

Plaintiff,

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vs.

Chris West; Lashun Hutson,

Defendants.

tj P. HACKETT. CL

US. DSTfUCT COURT

Hflflt U OSTRfCT !LA

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

23 FI3 2 3:03

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND

BRIEF IN SUPPORT THEREOF

COMES NOW the defendant, Lashun Hutson, and moves the Court for summary judgment

as to each of Plaintiffs claims pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Defendant supports his motion for summary judgment with the following:

1. Pleadings;

2. Argument in support of Defendant's motion for summary judgment;

3. Deposition of Richard Marshall, attached hereto as Exhibit 1;

4. Deposition of Chris West, attached hereto as Exhibit 2;

5. Deposition of Lashun Hutson, attached hereto as Exhibit 3;

6. Deposition of Kelvin Carmichael, attached hereto as Exhibit 4;

7. Photographs taken following stop, attached hereto as Exhibit 5;

8. Inter-Agency Agreement, attached hereto as Exhibit 6;

9. Alabama Department of Economic and Community Affairs, attached hereto as

Exhibit 7.

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 1 of 16
NARRATIVE SUMMARY OF UNDISPUTED FACTS

Defendants Chris West and Lashun Hutson are members of the 2" Judicial Drug Task Force,

a federally funded, multi-jurisdictional law enforcement group with the specific task of drug

investigation and interdiction in Lowndes County. (Exhibit 2, p. 6, 11. 20-23). Lieutenant Chris

West is the commander of the Drug Task Force. (Exhibit 2, p. 6, line 10). At the time of the

incident made the basis of Plaintiffs Complaint, Lashun Hutson was both a police officer with the

Town of Hayneville and a member of the Drug Task Force. (Exhibit 3, p. 5, 11. 15-20). Using

federal grant funds, the Town of Hayneville, as well as other municipalities, sends one officer to the

Drug Task Force. (Exhibit 2, p. 7, 11. 5-17). Upon selection for the task force, the employee no

longer works for the municipality or takes orders from the police chief of the municipality. The

employee is simply paid by the municipality and is an employee of the Drug Task Force. (Exhibit

2, p. 7 11. 1-23, p. 8 11. 1-23).

Members of the 2nd Judicial Drug Task Force, including Chris West and Lashun Hutson, are

responsible for drug investigations in Lowndes County. On June 28, 2005, Chris West received

information that the Plaintiff, Richard Marshall, was selling illegal drugs at his residence in Lowndes

County. (Exhibit 2, p. 14, 11. 1-4). Chris West and Lashun Hutson went to Mr. Marshall's house

to find that he was not present, and the officers left. (Exhibit 2, p. 16, 11. 2-16). The two were riding

in an unmarked Lincoln Town Car used by the Drug Task Force. (Exhibit 2, p. 13, 11. 1-2 1). Chris

West was driving and Lashun Hutson was the passenger. (Exhibit 2, p. 12, 11. 12-23)'. As the

officers drove back toward Hayneville, they came upon Richard Marshall as he was driving down

'The Plaintiffs complaint actually states that Lashun Hutson was driving, but this is

incorrect.

2

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 2 of 16
theroad. (Exhibit2,p. 19,11. 1-18).

Chris West pulled behind the Plaintiffs Chevrolet Nova and noticed that Mr. Marshall was

not wearing his seat belt. (Exhibit 2, p.19, 11. 20-23). Plaintiff admits that neither he nor his cousin

were wearing a seat belt. (Exhibit 1, p. 28, 11. 20-23, p. 29, 11. 1-2). Lieutenant West activated the

portable blue police light in his vehicle and placed in onto the dashboard, but Mr. Marshall did not

stop his vehicle. (Exhibit 2, p. 20, 11. 1-7). During a short chase, Chris West positioned the Lincoln

Town Car directly behind the Plaintiffs 1976 Nova. Chris West then pulled alongside parallel to

Richard Marshall's automobile and Lashun Hutson removed the flashing light off of the dash and

held it up to the window along with his badge. (Exhibit 2,p. 21, 11. 19-23, p. 22, 11. 1-23). Richard

Marshall responded by saying "flick you" and kept driving, toward Wilcox County. (Id; p. 24, 11. 11-

12.). Chris West and Lashun Hutson attempted this maneuver once more, again unsuccessful.

(Exhibit 2, p. 24, 11. 11-23). At that point, Chris West implemented a precision intervention

technique, or "PIT" maneuver by placing his Lincoln Town Car's bumper directly against the Nova's

bumper and spinning the Nova out of control. (Exhibit 2, p. 29, 11. 3-2 1). This maneuver was

successful and the Nova came to rest off the road. (Exhibit 2, p. 30, 11. 2-4). At that point, Chris

West and Lashun Hutson exited their vehicle and pointed their weapons directly at the passengers

in the Nova. (Exhibit 2, p. 30, 11. 18-23). Riding in the Nova was the Plaintiff, Richard Marshall,

and his cousin, Kelvin Carmichael. The cousin remained still. (Exhibit 2, p. 31, 11. 18-23). Richard

Marshall exited the car and stood up and began to wave his arms and shout at the officers. (Exhibit

2, p. 32, 11. 8-2 1). Richard Marshall would not comply with Chris West's commands that he get on

the ground, and Chris West fired a warning shot. (Id.). This startled Richard Marshall and he froze.

(Exhibit 2, p. 32, 11. 22-23, p. 33, 11. 1-7). The officers were then able to take Richard Marshall away

3

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 3 of 16
from the Nova and put him on the ground. (Id.).

After the Plaintiff and his cousin were removed from the car, the officers looked into the

Nova, where a loaded .357 magnum was discovered on the driver's seat in the automobile. (Exhibit

2, p. 33, 11. 15-22; Exhibit 5). There were also a number of .357 rounds in the ashtray, the

floorboard, and the seat. (Id.; Exhibit 5).

After this incident, Chris West filed charges against Richard Marshall, for possession of a

controlled substance and carrying a pistol without a permit. (Exhibit 1, p. 138, 11. 10-13). Lashun

Hutson did not have any involvement whatsoever in prosecuting Richard Marshall. (Exhibit 3, p.

36,11. 11-20).

On August 8, 2006, Richard Marshall filed suit in the U.S. District Court for the Middle

District of Alabama. (Complaint). The causes of action in the complaint were violation of Fourth

Amendment proscriptions against unreasonable searches and unreasonable and excessive force. The

complaint also contained causes of action for assault and battery and conversion. Upon the motion

of the defendant Chris West, this Court dismissed the state law claims. (Doe 12). On May 29, 2007,

the Plaintiff filed an amended complaint. (Doe 16). The causes of action currently pending before

the Court are a Fourth Amendment False Arrest/False Imprisonment claim, a Fourth Amendment

Unreasonable and Excessive Force claim, a Fourth Amendment Unlawful Search and Seizure, and

a Malicious Prosecution claim under state law.

Defendant Lashun Hutson now moves for summaryj udgment as to each of Plaintiffs claims,

as there are no genuine issues of material fact and this Defendant is entitled to judgment as a matter

of law. This defendant also adopts any and all arguments made by Chris West.

ri

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 4 of 16
SUMMARY JUDGMENT STANDARD

Summary judgment must be entered on a claim if it is shown "that there is no genuine

issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fed.

R. Civ. P. 56(c). On a motion for summary judgment, although the Court is to construe the evidence

and factual inferences arising from it in the light most favorable to the nonmoving party, Adickes v.

S.H. Kress & Co., 398 U.S. 144, 157 (1970), "the plain language of Rule 56(e) mandates the entry

of summary judgment ... against a party that fails to make a showing sufficient to establish the

existence of an element essential to that party's case, and on which that party will bear the burden

of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). Furthermore, "there is no

issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a

verdict for that party. If the evidence is merely colorable or is not significantly probative, summary

judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986).

hi

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 5 of 16
ARGUMENT

PLAINTIFF'S FOURTH AMENDMENT EXCESSIVE FORCE, FALSE ARREST,

AND UNREASONABLE SEARCH AND SEIZURE CLAIMS ARE DUE TO BE

DISMISSED AS THERE WAS ARGUABLE PROBABLE CAUSE FOR THE STOP

AND ARREST AND LASHUN HUTSON IS ENTITLED TO IMMUNITY

A. Fourth Amendment Law

The United States Supreme Court has stated that "all claims that law enforcement officers

have used excessive force - deadly or not - in the course of an arrest, investigatory stop, or other

'seizure' of a free citizen should be analyzed under the Fourth Amendment and its "reasonableness

standard." Graham v. Connor, 490 U.S. 386,395, (1989). The reasonableness inquiry is an objective

test. The question is whether the officer's actions are 'objectively reasonable' in light of the facts

and circumstances confronting them, without regard to their underlying intent or motivation.

Graham, 490 U.S. at 397. The reasonableness test under the Fourth Amendment is not capable of

precise definition, therefore, its application requires careful attention to the facts and circumstances

of each case. Graham, 490 U.S. at 396. Reasonableness is judged:

from the perspective of a reasonable officer on the scene, rather than

the 20/20 vision of hindsight.... With respect to a claim of excessive

force ... not every push or shove, even if it may later seem

unnecessary in the peace of ajudge's chambers, ... violates the Fourth

Amendment. The calculus of reasonableness must embody allowance

for the fact that police officers are often forced to make split-second

judgments - in circumstances - that are tense, uncertain, and rapidly

evolving - about the amount of force that is necessary in a particular

situation.

Graham, 490 U.S. at 3 96-97 (internal citations omitted).

The right to make an arrest, seizure, or investigatory stop necessarily carries with it the right

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 6 of 16
to use some degree of physical coercion or threat thereof to effect. Id. Painful handcuffing, by itself,

is not excessive force in cases where the resulting injuries are minimal. Rodriguez v. Farrell, 280

F. 3d 1341, 1352 (11th Cir. 2002).

B. Qualified Immunity Law

The federal constitutional claims against Officer Hutson must be dismissed as the officer is

clearly entitled to immunity. "Qualified immunity offers complete protection for government

officials sued in their individual capacities if their conduct does not violate clearly established

statutory or constitutional rights of which a reasonable person would have known." Vinyard v.

Wilson, 311 F. 3d 1340, 1346 (11th Cir. 2002) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 102

S.Ct. 2727, 73 L.Ed. 2d 396 (1982)). In effect, qualified immunity "allow[sJ government officials

to carry out their discretionary duties without the fear of personal liability or harassing litigation,

protecting from suit all but the plainly incompetent or one who is knowingly violating the federal

law." Id. Qualified immunity offers complete protection for government officials sued in their

individual capacities if their conduct does not violate clearly established statutory or constitutional

rights of which a reasonable person would have known. Vinyard v. Wilson, 311 F. 3d 1340, 1346

(11th Cir. 2002) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed. 2d 396

(1982)). In effect, qualified immunity "allow[s] government officials to carry out their discretionary

duties without the fear of personal liability or harassing litigation, protecting from suit all but the

plainly incompetent or one who is knowingly violating the federal law." Id. The analysis of

qualified immunity is undertaken utilizing a two-part analysis set forth by the United States Supreme

Court. Under the analysis, the threshold inquiry a court must undertake is whether the plaintifrs

allegations, if true, establish a constitutional violation. Hope v. Peizer, 536 U.S. 730, 736, 122 S.Ct.

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2508, 153 L.Ed. 2d 666 (2002). If a constitutional right would have been violated under the

plaintiff's version of the facts, "the 'next, sequential step is to ask whether the right was clearly

established." Saucier v. Katz, U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed. 2d 272 (2001).

Furthermore, there is no bright-line rule for identifying force as excessive. Graham, supra

at 396. Therefore, unless a controlling and factually similar case declares the official's conduct

unconstitutional, an excessive force plaintiff can overcome qualified immunity only by showing that

the official's conduct lies so obviously at the very core of what the Fourth Amendment prohibits that

the unlawfulness of the conduct was readily apparent to the official, notwithstanding the lack of

caselaw. Smith v. Mattox, 127 F. 3d 1416, 1419 (11th Cir. 1997) (citations omitted).

C. Lashun Hutson did not violate the Fourth Amendment

The undisputed material facts do not show that the defendant's actions were objectively

unreasonable under the Fourth Amendment, or so unreasonable that an officer faced with these

officers' situation would have inevitably believed the force used was unlawful. Here, the officers

were dealing with a known drug dealer who had a history of violence. In fact, their beliefs were

proven correct when they found a loaded .357 Magnum in Plaintiff's car following the stop. (Exhibit

2, p. 33, 11. 15-22; Exhibit 5). Prior to the stop, Chris West, co-defendant, received information that

Plaintiff was selling illegal drugs at his residence in Lowndes County. (Exhibit 2, p. 14, 11. 1-4).

West and Hutson went to Plaintiff's house to find him, but he was not present. (Exhibit 2, p. 16, 11.

2-16). As the two officers were riding in an unmarked Lincoln Town Car, they came upon Plaintiff.

(Exhibit 2, p. 19, 11. 1-18). The officers discovered that Plaintiff was not wearing a seatbelt, in

violation of Alabama law, and attempted to make a stop. (Exhibit 2, p. 19, 11. 20-23). Plaintiff

confirms that the officers had probable cause to make the stop because he admits that neither he nor

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Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 8 of 16
his cousin were wearing a seatbelt at the time of the stop. (Exhibit 1, P. 28, 11. 20-23, P. 29, 11. 1-2).

Lieutenant West activated the blue police light in the vehicle and placed it onto the dash.

(Exhibit 2, p. 20, 11. 1-7). However, Plaintiff did not stop his automobile. During the short chase,

Chris West positioned the Lincoln Town Car directly beside Plaintiff's automobile. At this position,

Lashun Hutson removed the flashing light off the dash and held it up to the window along with his

badge. Plaintiff responded by saying "fuck you" and kept driving toward Wilcox County. (Id; p. 24,

11. 11-12). After two attempts to stop Plaintiff, Officer West implemented a precision intervention

technique by placing the Lincoln Town Car's bumper directly against Plaintiff's automobile's

bumper and spinning Plaintiff's automobile out of control. (Exhibit 2, p. 29, 11. 3-2 1). Chris West

and Lashun Hutson exited the vehicle and pointed their weapons directly at the passengers in the

Nova, based on the information that Plaintiff was a drug dealer and was possibly armed. (Exhibit 2,

p. 30, 11. 18-23). Plaintiff exited his automobile and stood up, approximately two feet from a loaded

.357 Magnum, and would not comply with Chris West's commands that he get on the ground.

(Exhibit 2, p. 32, 11. 8-21) Accordingly, Chris West fired a warning shot. (Id.). This startled Plaintiff

and the officers were able to gain control over him.(Id.)

As noted above, the reasonableness inquiry is an objective test. The question is whether the

officers' actions were objectively reasonable in light of the facts and the circumstances confronting

them, without regard to their underlying intent or motivation. Here, any officer faced with the same

circumstance, i.e. having credible information that Plaintiff was a drug dealer and seeing him without

a seatbelt, would or should have performed a traffic stop. When Plaintiff blatantly ignored the

attempts to stop his vehicle, Chris West performed the correct technique. This Defendant, Lashun

Hudson's only actions in this case were to hold up a flashing light and a badge, and draw his weapon

Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 9 of 16
after Plaintiff's automobile came to a rest. Based on the knowledge the Plaintiff had violence

tendencies, Lashun Hutson drew his weapon in an attempt to subdue Plaintiff When Plaintiff exited

his automobile, he was two feet away from a loaded .357 Magnum. Prophetically, Lashun Hutson

drew his weapon and was able to subdue Plaintiff

There are no genuine issues of material fact and Lashun Hutson is entitled to a judgment as

a matter of law. His actions were objectively reasonable under the Fourth Amendment and summary

judgment is due to be entered in favor of Lashun Hudson.

D. Lashun Hutson is entitled to Qualified Immunity

Lashun Hutson is also entitled to qualified immunity as to Plaintiff's Fourth Amendment

false arrest and unlawful seizure claims. In the context of an alleged Fourth Amendment violation,

qualified immunity applies whenever there was arguable probable cause for a search or seizure, even

if actual probable cause did not exist. Jones v. Cannon, 174 F. 3d. 1271, 1285 n. 3 (11th Cir. 1999).

Arguable probable cause, not the higher standard of actual probable cause, governs the qualified

immunity analysis. Arguable probable cause exists if, under all the facts and circumstances, an

officer reasonably could - - not necessarily would - - have believed that probable cause was present.

Durruthy v. Pastor, 351 F. 3d. 1080, 1089 (11th Cir. 2003). Thus, "even law enforcement officials

who reasonably but mistakenly conclude that probable cause is present are entitled to immunity."

Hunter v. Bryant, 502 U.S. 224, 228 (1991).

In the present case, the seizure of Plaintiffs was legal under the Fourth Amendment.

However, even if it could be argued that the officers did not have actual probable cause for the

seizure, an officer may, consistent with the Fourth Amendment, effect such a seizure or an

investigatory stop when the officer has reasonable, articulable suspicion that criminal activity is

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afoot. Illinois v. Wardlow, 528 U.S. 119 (2000). As set out above, the officers saw, and the Plaintiff

admits, that he was not wearing his seatbelt, a violation of Ala. Code (1975) § 32-5B-4. Thus, it is

clear that Lashun Hutson and Chris West had at least arguable probable cause to effect a traffic stop.

Further, Plaintiff failed to stop his vehicle when directed by the officers, instead cursing the officers

and accelerating away. The officers clearly had reasonable suspicion that criminal activity was afoot,

and probable cause to stop the Plaintiff.

Accordingly, Lashun Hutson is entitled to qualified immunity and is entitled to

summary judgment on Plaintiff's Fourth Amendment claims.

II. LASHUN HUTSON IS ENTITLED TO ABSOLUTE IMMUNITY

Under Ala. Const. of 1901, § 14, the State of Alabama has absolute immunity from lawsuits.

This absolute immunity also extends to arms or agencies of the state, as well as sheriffs and other

executive officers of the state, when the sheriffs or deputies are "acting within the line and scope of

their employment." Exparte Sumter County, 953 So. 2d 1235, 1239 (Ala. 2006). See, e.g., Exparte

Blankenship, 893 So. 2d 303, 305 (Ala. 2004) (a deputy sheriff who acts within the scope of his

duties is protected from negligence and wantonness claims under § 14, Ala. Const. 1901); Exparte

Purvis, 689 So. 2d 794, 796 (Ala. 1996) (sheriffs and their deputies who act within the scope of their

duties are "immune from suit under the provisions of Art. I, § 14, Alabama Constitution 1901");

Tinney v. Shores, 77 F. 3d 378, 383 (1 1th Cjr. 1996) (reversing district court's failure to grant

absolute immunity to sheriff and deputy and holding "the only exceptions to a sheriff's immunity

from suit are actions brought to enjoin the sheriff's conduct.")

An agent with the Drug Task Force is an officer of the state. While the Drug Task Force is

federally funded, and authorized by Public Law 104-208 at Title VI, Subtitle C, as amended, also

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Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 11 of 16
known as the Anti-Drug Act of 1988, the request for grant funds is made by the state itself.

Alabama's program, pursuant to the Anti-Drug Act, is reviewed by the State Legislature's designated

body, the Alabama Department of Economic and Community Affairs (ADECA) Law Enforcement

and Traffic Safety Division (LETS division). Thus, the Drug Task Forces across the state are clearly

an "arm or agency" of the State of Alabama, and entitled to the absolute immunity afforded the state

as well. (See Alabama Department of Economic and Community Affairs, Exhibit 7, pp. ii, 13; 2nd

Judicial Circuit Drug Task Force Inter-Agency Agreement, Exhibit 6).

At the time of this incident, Lashun Hutson was acting as a Drug Task Force officer. All of

the events alleged to have occurred involving Lashun Hutson were in Hutson's capacity as a Drug

Task Force agent, and it is undisputed that Hutson was acting within the line and scope of that

employment. Accordingly, Lashun Hutson is also entitled to absolute immunity from Plaintiff's

claims.

III. PLAINTIFF'S MALICIOUS PROSECUTION CLAIM FAILS AS A MATTER OF

LAW

Plaintiff also brings a malicious prosecution claim against Defendants. A Fourth Amendment

malicious prosecution claim requires a plaintiff to prove "a violation of his Fourth Amendment right

to be free from unreasonable seizures, in addition to the elements of the common law tort of

malicious prosecution." Wood y. Kesler, 323 F. 3d 872 (11th Cir. 2003). Under Alabama law, the

common law tort of malicious prosecution requires a plaintiff to show that (1) a prior judicial

proceeding was instituted by the defendant, (2) the defendant acted without probable cause, (3) the

defendant acted with malice in instituting the prior proceeding, (4) the prior proceeding ended in

favor of the plaintiff, and (5) the plaintiff was damaged. US. Steel, LLC v. Tieco, Inc., 261 F. 3d

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1275, 1289-90 (11th Cir. 2001).

As set out above, defendants had probable cause for their actions. However, even more

importantly, Defendant Lashun Hutson had no part whatsoever in the charges made against Plaintiff,

or in the institution of the criminal proceeding against him. Therefore, Plaintiff cannot sustain his

claim of malicious prosecution against this Defendant, and it must be dismissed.

IV. DEFENDANT IS ENTITLED TO DISCRETIONARY FUNCTION IMMUNITY

Lashun Hutson is also entitled to discretionary function immunity for Plaintiff's claim arising

under Alabama law. In 1994, the Alabama Legislature enacted Ala. Code § 6-5-338, which provides,

in pertinent part, as follows:

(a) Every peace officer, except constables, who is employed or

appointed pursuant to the Constitution or statutes of this state,

whether appointed or employed as such peace officer by the

state or a county or municipality thereof, or by an agency or

institution, corporate or otherwise, created pursuant to the

Constitution or laws of this state and authorized by the

Constitution or laws to appoint or employ police officers or

other peace officers, and whose duties prescribed by law, or

by the lawful terms of their employment or appointment,

include the enforcement of, or the investigation and reporting

of violations of, the criminal laws of this state, and who is

empowered by the laws of this state to execute warrants, to

arrest and to take into custody persons who viOlate, or who

are lawfully charged by warrant, indictment, or other lawful

process, with violations of the criminal laws of this state,

shall at all times be deemed to be officers of this state, and as

such shall have immunity from tort liability arising out of his

or her conduct in performance of any discretionary function

within the line and scope of his or her law enforcement

duties.

(b) This section is intended to extend immunity only to peace

officers and governmental units or agencies authorized to

appoint peace officers....

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Ala. Code § 6-5-338 (emphasis added).

To apply discretionary function immunity, a court must first determine whether the police

officer was performing a discretionary function when the alleged wrong occurred. If so, the burden

shifts to the plaintiff to demonstrate that the defendant acted in bad faith, with malice or willfulness

in order to deny him immunity. Bullard, supra, at *22, citing Scarbrough v. Myles, 245 F. 3d 1299,

1303 n.9 (11th Cir. 2001) (alteration in original)(applying Alabama law and quoting Sheth v.

Webster, 145 F. 3d 1231, 1239 (11th Cir. 1998) (per curiam).

Alabama law defines "discretionary acts" as "[t]hose acts [as to which] there is no hard and

fast rule as to course of conduct that one must or must not take and those requiring exercise in

judgment and choice and [involving] what is just and proper under the circumstances. L.S.B. v.

Howard, 659 So. 2d 43, 44 (Ala. 1995). Discretionary acts require "constant decision making and

judgment." Phillips v. Thomas, 555 So. 2d 81, 85 (Ala. 1989). The Alabama Supreme Court further

noted that § 6-5-338 extended discretionary immunity to a municipal police officer "unless the

office? s conduct is so egregious as to amount to willful or malicious conduct or conduct engaged

in bad faith." Wright v. Wynn, 682 So. 2d 1 (Ala. 1996). Simply stated, the statute "shields every

defendant who (1) is a 'peace officer' (2) is performing 'law enforcement duties', and (3) is

exercising judgment or discretion." Howardv. City ofAtmore, 887 So. 2d 201, 204 (Ala. 2003).

It is undisputed that Lashun Hutson qualifies as a "peace officer", and was performing law

enforcement duties. There is no doubt that Hutson was serving in the capacity of an officer of the

2" Judicial Drug Task Force. Further, there is no evidence of the malice, willfulness, or bad faith

required to overcome the immunity granted by the statute. An officer is entitled to discretionary

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function immunity if the officer's acts occurred in the line and scope of his duties as a police officer,

and when decisions must be made where there are no hard and fast rules as to the course of conduct

one must or must not take, absent malice or willful conduct. Bullard, supra. Therefore, Lashun

Hutson is entitled to immunity and Plaintiffs state law claims are due to be dismissed.

CONCLUSION

Based on the foregoing, Defendant Lashun Hutson is entitled to summary judgment as to

each of Plaintiff's claims, as there are no genuine issues of material fact and this Defendant is

entitled to judgment as a matter of law. Plaintiff cannot present substantial evidence to support his

claims of Fourth Amendment violations, or his claim asserted under state law. Further, Lashun

Hutson is entitled to qualified, absolute, and discretionary immunity.

AL X L. HOLTSFORD, JR. (H0L048)

RICK A. HOWARD (H0W045)

APRIL W. MCKAY (W1L304)

Attorneys for Defendants

OF COUNSEL:

Nix Holtsford Gilliland

Higgins & Hitson, P.C.

P.O. Box 4128

Montgomery, AL 36103-4128

(334) 215-8585

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CERTIFICATE OF SERVICE

I hereby certify that I have this day sent by electronic means through the Court's electronic

filing system, an exact copy of the foregoing document to:

Jay Lewis

P.O. Box 5059

Montgomery, AL 36103

C. Richard Hill

WEBB & ELEY

P.O. Box 240909

Montgomery, AL 36124

This the 12th day of February, 2008.

OF

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Case 2:06-cv-00701-ID-CSC Document 30 Filed 02/12/2008 Page 16 of 16
DEPOSITION OF RICHARD MARSHALL

November 14, 2007

Pages 1 through 156

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

566 South Perry Street

Post Office Box 62

Montgomery, AL 36104

Phone: (334) 263-4455

Fax: (334) 263-9167

E-mail: haislipragan@charter.net

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 1 of 56
Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 2 of 56
2 Photograph

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5 MapQuest map

6 Interview sheet

7 Photograph

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12 Inmate property release slip

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Deposition of Richard Marshall November 14, 2007

Page 1 Page3

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE MIDDLE DISTRICT OF ALABAMA

3 NORTHERN DiVISION

4

5 RICHARD MARSHALL,

6 Plaintiff,

7 vs. CIVIL ACTION NO.

2:06-cv-701-ID.CSC

8

CHRIS WEST, in his individual

9 capacity, LASHUN HUTSON, in his

individual capacity,

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Defendants.

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** * *** I * 1* *

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DEPOSITION OF RICHARD MARSHALL, taken

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pursuant to stipulation and agreement before Lyn

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Daugherty, ACCR #66, Certified Court Reporter and

18

Commissioner for the State of Alabama at Large, in

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the Law Offices of Webb & Eley, 7475 Halcyon Pointe

20

Drive, Montgomery, Alabama, on Wednesday, November

21

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

22

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Page 2 Page 4 Ii

1 APPEARANCES

2 FOR THE PLAINTIFF:

3 Mr. Jay Lewis

Mr. Fred L. Clements

4 LAW OFFICES OF JAY LEWIS

Attorneys at Law

5 847 South McDonough Street

Montgomery, Alabama 36104

6

7 FOR THE DEFENDANT WEST:

8 Mr. Gary Wilford

Mr. Daryl L. Masters

9 WEBB & ELEY, P.C.

Attorneys at Law

10 7475 Halcyon Pointe Drive

P.O. Box 240909

11 Montgomery, Alabama 36124

12

13

14 EXAMINATION INDEX

15

RICHARD MARSHALL

16

BYMR. WILFORD ........... 5

17

BYMR. LEWIS ............153

18

19 EXHIBIT INDEX

20 MAR

Defendant

21

1 Alabama uniform arrest report

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23 (Index continued on next page)

STIPULATIONS

It is hereby stipulated and agreed by and

between counsel representing the parties that the

deposition of RICHARD MARSHALL is taken pursuant to

the Federal Rules of Civil Procedure and that said

deposition may be taken before Lyn Daugherty,

Certified Shorthand Reporter, and Commissioner for

the State of Alabama at Large, without the

formality of a commission, that 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 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 filing of the same.

it is further stipulated and agreed by and

1 (Pages ito 4)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 3 of 56
Deposition of Richard Marshall November 14, 2007

Page 5 Page 7

1 between the parties hereto and the witness that the 1

2 signatureof the witness to this deposition is 2

3 hereby waived. 3

4

************ 4

5 RICHARD MARSHALL 5

6 The witness, after having first been duly sworn 6

7 to speak the truth, the whole truth and nothing but 7

8 the truth testified as follows: 8

EXAMINATION 9

10 BY MR. WILFORD: 10

11 Q. Would you please state your name for the 11

12 record, sir. 12

13 A. Richard Marshall. 13

14 Q.

 Mr. Marshall, my name is Gary Wilford, and 14

15 together with Daiyl Masters, who is also 15

16 here in the room, we're representing the 16

17 defendants that you have sued in this 17

18 case -- well, excuse me -- one of the 18

19 defendants that you've sued in this case, 19

20 Chris West Where do you live? 20

21 A. Lowndes County, Farmersville. 21

22 Q.

 How long have you lived there? 22

23 A. Basically all my life. 23

Page 6

1 Q. Have you ever given a deposition before? 1

2 A. No, sir. 2

3 Q. Let me cover just a few ground rules here. 3

4 As you can see, we've got a court reporter, 4

5 and one of the things that she's doing is 5

6 she's taking down evôrything that we're 6

7 saying in the room here today; okay? And 7

8 I'm going to be asking you some questions 8

and you're going to be answering those 9

10 questions for me. And when you do that, 10

11 because we've got the court reporter here, 11

12 there's a couple of things we need to keep 12

13 in mind. The first thing is let's try not 13

14 to talk over the top of each other because 14

15 it makes it difficult for her to get a good 15

16 transcription down. Wait for me to ask my 16

17 question completely and then go ahead and 17

18 give me a verbal response. And by that I 18

19 mean a yes, no, or whatever it may be. 19

20 Shaking your head and saying huh-uh and 20

21 uh-huh as we tend to do in normal 21

22 conversation is, again, one of those things 22

23 that's kind of hard for the court reporter 23

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

another way so that you know exactly what

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

A. Okay.

Q. 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.

Q. 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

maybe, let me know and we can take a

break; all right?

A. Okay.

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

twice as well.

A. All right

Q. Other than your lawyers, who are with you

here today, have you spoken with anyone to

prepare for your deposition today?

Page 8

A. No, sir.

Q.

 I noticed when you came in this morning I

saw you and Mr. Carmichael walking up

together. Did y'all ride in together

today?

A. Yes, sir.

Q.

 Did y'all talk about this case on the ride

up?

A. No, sir.

Q.

 Have you ever talked to Mr. Carmichael

about this case?

A. No,sir.

Q.

 Atanytime?

A. No, sir.

Q.

 Are you related to Mr. Carmichael?

A. Yes. My cousin.

Q.

 Cousin? -

A. (Witness nods head).

Q.

 Did you review any documents in preparing

for your deposition today?

A. Not today, but I have -- through my lawyer

I have.

Q.

 To prepare for this deposition?

2 (Pages 5 to 8)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 4 of 56
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Deposition of Richard Marshall November 14, 2007

Page 9 Page 11

A. Not to prepare for the deposition, but for 1

the case. 2

Q.

 What documents did you review? 3

A. Just basically disclosure, whatever from 4

the other party. 5

Q.

 The information that we gave you? 6

A. Yeah. 7

Q. Anything that you provided your attorneys, 8

any documents you provided your attorneys? 9

A. None other than what y'all requested. 10

Q.

 What's your date of birth, sir? 11

A. 2/24/74. 12

Q.

 And how old does that make you? I'm not 13

veiy good at math. 14

A. 33. 15

Q.

 Where were you born? 16

A. Lowndes County. Well, Farmersville through 17

the -- what did they call it back then? 18

Housewife? Selma Hospital is where I was 19

taken. I was born at home. 20

Q.

 With a midwife? 21

A. Midwife, yeah. 22

Q. Okay. I got you. 23

Page 10

• Are you married?

A. No, sir.

Q. Have you ever been married?

A. Yes, sir.

Q. How many times have you been married?

A. Once.

Q. And who were you married to?

A. Stephanie Mallory.

Q. When were y'all married?

A. In'97. May,Ithink.

Q. How long did y'all stay married?

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

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

is that right?

A. Yes.

Q. 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

finalized.

When was the last time that y'all lived

together?

A. We never actually lived together. She was

in the service at the time. Never shared a

residence.

Q.

 All right Do you work now, sir?

A. No, sir.

Q.

 What was the last job that you held?

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

off January of last year.

Q.

 January of'06?

A. Yes, sir.

Q. How long did you work for them?

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

somewhere August '05.

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

A. Yes, sir.

Q. What did you do for them?

A. I was a topper. Operate power saw.

Q. How much did you get paid there?

A. I was making $10 an hour.

Q.

 Who was your supervisor?

A. David Matthews.

Q.

 Did you work prior to August of '05?

A. The last job before that was Alabama

Page 12

Power. I got laid off in '04.

Q.

 Do you remember about what month that was?

A. January.

Q. January is not a good month for you, huh?

A. Well, you know, it was shutdown jobs.

Contract's up. Layoff time.

Q.

 How long did you work for Alabama Power?

A. I started December the previous year. That

would be '03, December '03.

Q. So that was only about a two-month temp

job? Is that about right?

A. Somewhere around there. I caught the end

part of the contract I worked through my

uncle. He was the supervisor.

Q. Who was your uncle?

A. Curtis Marshall.

Q.

 Prior to December of'03, when was the last

time that you worked?

A. I have to say it would have to be Big Lots

in Montgomery. I think that's what

Q.

 When did you start working for Big Lots?

A. I would say September of '99.

Q. And you worked for them until when?

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 5 of 56
Deposition of Richard Marshall November 14, 2007

Page 13 Page 15

1 A. I want to say November -- I think it was 1

2 November 2000, somewhere along in there. 2

3 Q. What did you do for Big Lots? 3

4 A. Forklift operator. 4

5 Q. Forklift operator? 5

6 A. Yeak 6

7 Q.

 And what did you do for Alabama Power? Let 7

8 me go back to that. 8

9 A. I was a cement finisher helper. Mixed 9

10 mortar, poured concrete. 10

11 Q. And what did you get paid when you were at 11

12 Alabama Power? 12

13 A. I was making 15.50, something like that. 13

14 Q. What was your rate of pay at Big Lots? 14

15 A. Start pay was 7.50 and end off at like $10.___i 15

16 Q.

 Have you ever owned your own business? 16

17 A. No, sir. 17

18 Q. Never been self-employed? 18

19 A. Not really. Well, I contract barber, a 19

20 trade of mine, hair cutting. But I never 20

21 owned my own business. 21

22 Q. When did you do that? 22

23 A. '93 out of high school a couple of years 23

Page 14

1 off and on. 1

2 Q. Did you graduate from high school? 2

3 A. Yes, sir. 3

4 Q. What high school did you graduate from? 4

5 A. Central High, Hayneville. 5

6 Q.

 What year did you graduate? 6

7 A. '92. 7

8 Q.

 Have you ever attended a college? 8

9 A. Briefly J.P. Tech for barbering. But I 9

10 found out I have to have a license to cut 10

11 hair. Went straight to the barber shop. 11

12 Q. And that was here in Montgomery; right? 12

13 A. Yeah. 13

14 Q. When did you attend J.P. Tech? 14

15 A. Ithinkitwas'93. 15

16 Q.

 Any other college or trade school that you 16

17 have? 1:7

18 A. No, sir. 18

19 Q.

 Now, you live at 64 Youngblood Road in 19

20 Farmersville; is that right? 20

21 A. Yes, sir. 21

22 Q. And how long did you tell me that you've 22

23 lived there? You said you've lived in 23

Lowndes County pretty much all your life.

How long have you lived at that address?

A. 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.

Q.

 Where were you living in 2005?

A. Still Lowndes County off of Highway 21 with

a friend.

Q.

 The whole year?

A. Yeah. Yeah

Q.

 What's the address at your grandmother's

house that you said is next door?

A. 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.

Q.

 Do you have any children, Mr. Marshall?

A. Yes.

Q.

 How many children do you have?

A. Two boys.

Q.

 Are any of them 19 or older?

Page 16

A. No, sir.

Q.

 Do you have a lot of relatives in Lowndes

County?

A. 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. WILFORD: That will save us

some time

Q.

 Are you a member of a trade union?

A. No, sir.

Q.

 Do you go to church?

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

Q.

 When you went to church, what church did

you attend?

A. First Baptist in Farmersville.

Q.

 Are you a member of any social

organizations like, you know, Elks, VFW,

anything like that?

A. No,sir.

4 (Pages 13 to 16)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 6 of 56
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Deposition of Richard Marshall November 14, 2007

Page 17 Page 19

Q. Other than this lawsuit that we're here on 1

today, have you ever been a party in any 2

other lawsuit either as a plaintiff or a 3

defendant? 4

A. No, sir. 5

Q.

 So this is your first one? 6

A. Yes. 7

Q.

 We had asked you in the interrogatories if 8

you had ever been arrested before, and you 9

gave us three arrests; one in April 25th -- 10

25 of '97 in Butler County, the second one 11

was the one that we're here -- I'm sorry -- 12

the second one was in '98 in Tuscaloosa, 13

and the third one was the one that we're on 14

here today. Do you have any other arrests 15

besides those? 16

A. No, sir. 17

(Defendant's Exhibit 1 was marked 18

for identification.) 19

Q. Let me show you what I'm going to mark as 20

Defendant's Exhibit 1. Let me give you 21

just a minute to take a look at that, 22

Mr. Marshall. 23

Page 18

(Brief pause.) 1

Q.

 Have you had a chance to take a look at 2

that? 3

A. Yeah. 4

Q. Does that refresh your recollection as to 5

any other arrests you might have had? 6

A. Yeah. I forgot about that. Seat belt, 7

whatever it was. I think it was June -- I 8

want to say June. 9

Q. June of this year? 10

A. Yeah. 11

Q. Were you actually incarcerated as a result 12

of that arrest? Put in jail? 13

A. Yeah. I was taken in for three days, but I 14

got a chance to talk to the judge. It was 15

a miss -- following the incident we're here 16

now on. They suspended my license for a 17

ticket that I already sat out while I was 18

in there. She took the ticket up plus the 19

ticket that they wrote me that day and 20

released me. 21

Q. So you spent two days in jail on this 22

charge and then the judge dismissed all the 23

charges?

A. Yes.

Q.

 Is that what you're telling me?

A. Yeah.

Q. Do you remember who it was that arrested

you on this June of '07 arrest?

A. he officer -- my first time seeing him.

But they did call Shawn Hutson up. When

they ran my name, he was the first officer

pulled up. So they pulled him up and they

took me in.

Q. Oh, you're saying Shawn Hutson came to

the --

A. Yes, sir.

Q. -- to the stop?

A. Yep.

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

you over; correct?

A. He didn't pull me over.

Q. Do you remember what department that

officer might have worked from, the one who

originally pulled you over?

A. Oh, it was Lowndes County.

Page 20

Q. Was it the DTF?

A. Just a regular city cop, whatever.

Q. City or county?

A. County, city. I mean, I don't exactly know

which one it was.

Q. Do you remember what color uniform the

officer wore?

A. I want to say dark-colored, dark-colored

uniforms. May be county. In a white

vehicle.

Q. All right Other than this one and the

three that you told us about in the

interrogatories, any other arrests?

A. No.

Q. On the first arrest in April of '97, did

you have to spend any time in jail on that

one?

A. '97, yeah.

Q. How long did you spend in jail on that one?

A. Approximately two or three weeks before the

charge was dropped.

Q. Do you know why the charges were dismissed?

A. Yeah. It was bogus charges. It was a

5 (Pages 17 to 20)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 7 of 56
Deposition of Richard Marshall November 14, 2007

Page 21 Page 23

1 misunderstanding between me and my kids' 1

mom. She went down there to make false 2

statements about a vehicle we purchased 3

together, and two or three weeks later she 4

came to an agreement and dropped the 5

charge. 6

You say your kids' mom. Is that the lady 7

that you're currently married to? 8

A. No, sir. 9

Q. What was that lady's name? 10

A. Which one? 11

Q. The mother of your children. 12

A. Shavonne Bailey. 13

Q. Do you know where she lives now? 14

A. Tuscaloosa. 15

Q. Was she the one that was involved in the 16

arrest in Tuscaloosa in '98? 17

A. Yes, sir. 18

Q. Do you have an address on Ms. Bailey? 19

A. Not off the top of my head, but I have it. 20

I have an address, but I don't know it by 21

heart. 22

Do you know her phone number? 23

Page 22

1 A. I don't know it by heart either. 1

2 Q. When was the last time you talked to her? 2

3 A. Last month. 3

4 Q.

 Did you spend any time in jail in 4

5 Tuscaloosa? 5

6 A. Overnight 6

7 Q.

 Just overnight? 7

A. Yeah. 8

'9 Q. That was in Tuscaloosa City Jail? 9

10 A. Yeah. 10

11 Q.

 Or the county jail? 11

12 A. I'm not sure. I'd have to look at the 12

13 paper and see. It's been a while. 13

14 Q.

 The arrest in Butler County, were you in 14

15 the Butler County Jail? It says you were 15

16 arrested by the Butler City Police 16

17 Department. - 17

18 A. Well, they only have one jail. I don't 18

19 know whether it's under the city or the 19

20 county. It's the only one they have -- 20

21 still have. 21

22 Q.

 All right. And you've been in the Lowndes 22

23 County jail twice; is that correct? 23

A. Yes, sir.

Q.

 Any other times that you've been in jail

that we haven't talked about?

A. No, sir.

Q.

 Have you ever been treated for alcohol or

drug addiction?

A. No, sir.

Q.

 Ever been treated for mental illness?

A. No, sir.

Q.

 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.

Q.

 Do you recall what day of the week that

was?

A. I think it was Tuesday.

Q.

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

were you?

A. No, sir.

Q.

 What did you have to do that day, if

anything?

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

Page 24

house and we pulled the motor and

transmission out of a vehicle.

Q.

 You said we. Who is we?

A. Me and Kevin and two more cousins.

Q.

 Kevin Cannichael?

A. Yes, sir.

Q.

 Who were the other two cousins?

A. Darrell Howard, Charles Howard.

Q.

 And you said you were pulling a motor out

of a car?

A. Yeah.

Q. Was it your aunt's car?

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

Q.

 Were you being paid to do that?

A. No.

Q.

 What time did you get up to go pull that

motor?

A. Probably about eight o'clock.

Q.

 Did you have anything to eat when you woke

up?

A. No, sir.

Q.

 Just went straight over there and started

working on a motor?

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 8 of 56
Deposition of Richard Marshall November 14, 2007

Page 25 Page 27

1 A. (Witness nods head). 1

2 Q. Did y'all eat anything while you were over 2

3 there? 3

4 A. No, sir. 4

5 Q. Did you have anything alcoholic to drink 5

6 while y'all were working on that motor? 6

A. No, sir. 7

8 Q. Take any drugs that day? 8

A. No, sir. 9

10 Q. Prescription drugs? 10

11 A. No drugs. 11

12 Q. Where is your aunt's house at? 12

13 A. It's in Farmersville also. 13

14 Q What's the address there? 14

15 A. I don't know the address right off the top 15

16 of my head. 16

17 Q.

 How far is it from your house? 17

18 A. Approximately a mile. 18

19 Q.

 So did you get that motor out that day? 19

20 A. Yes, sir. 20

21 Q.

 How were you dressed? 21

22 A. T-shirt and shorts. 22

23 Q. Pretty hot that day? 23

Page 26

1 A. Yeah. It was a pretty hot summer. It was 1

2 warm that day. 2

3 Q. How long did it take y'all to get that 3

4 motor out? 4

5 A. I think we finished up sometime between 5

6 11:30 -- sometime before noon. 6

7 Q. What were you going to do after that? 7

8 A. Go home and take a bath and get some rest. 8

9 Q.

 And was that -- When you say going home, 9

10 was that the 64 Youngblood Road address? 10

11 A. No. That's the residence off of 21 where I 11

12 was residing at the time. 12

13 Q.

 Off of Highway 21? 13

14 A. Yes, sir. 14

15 Q.

 IsthatonCountyRoad7? 15

16 A. Off of County Road 7, right off of the 16

17 State Highway 21. 17

18 Q.

 Is that at the intersection of County Road 18

19 7 and Highway 21? 19

20 A. Yeah. 20

21 Q.

 Where did Mr. Howard -- well, the two 21

22 Mr. Howards, Darrell and Charles, go after 22

23 y'all got done with that engine? 23

A. They was at their house where we took it

out That's his mother.

Q.

 So they didh't go anywhere?

A. They were home already.

Q.

 Did you have any plans for the rest of the

day other than just going home?

A. No pians.

Q.

 Was there anybody in the car with you when

you went home?

A. Kevin Carmichael.

Q.

 Did you stop anywhere between your aunt's

house and where your encounter with the

defendants began?

A. No, sir.

Q.

 Can you describe for me the vehicle that

you were in?

A. 1971 blue Nova.

Q.

 '71?

A. Yes, sir.

Q.

 That's a Chevrolet; right?

A. Yes.

Q.

 Was that your car?

A. Yes.

Page 28

Q.

 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.)

Q.

 Let me show you what we'll mark as

Defendant's Exhibit 2 after your attorneys

get a chance to look at it. Is that your

car?

A. That's my car.

Q.

 Thafs in Defendant's Exhibit 2?

A. That's it.

Q.

 Who all besides you had access to that car?

A. No one.

Q.

 So you had the only set of keys; correct?

A. That's correct.

Q.

 Had you loaned it to anyone recently?

A. No,sir.

Q.

 I'm sorry?

A. No, sir.

Q.

 Was that car equipped with seat belts?

A. Yes, sir.

Q.

 Were you wearing your seat belt that day?

A. No, sir.

7 (Pages 25 to 28)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 9 of 56
Deposition of Richard Marshall November 14, 2007

Page 31 Page 29

1 Q.

 What about Kevin, was he wearing his? 1

2 A. No. 2

3 Q.

 Was there any alcohol in that car? 3

4 A. No, sir. 4

5 (Defendant's Exhibit 3 was marked 5

6 for identification.) 6

7 Q.

 Let me show you what we're going to mark as 7

8 Defendant's Exhibit 3. Let me ask you, 8

9 does that look like the front seat of your 9

10 car on June 28th, 2005, Defendant's Exhibit 10

11 3? 11

12 A. That's it. 12

13 Q. Fairly and accurately depict what was on 13

14 the front seat of your car that day? 14

15 A. Yes,-sir. 15

16 Q.

 What was in that flask that's there on the 16

17 seat next to the gun? 17

18 A. At one time it had contained alcohol, but 18

19 it was no alcohol in it that day. 19

20 Q.

 Well, what was in it when it was -- What 20

21 was the alcohol that was in there? 21

22 A. Vodka. 22

23 Q.

 Whendidyoudrinkthat-- ordidyou-- 23

Page 30

let me back up. Did you drink that? 1

A. It's been in there for some while. 2

Probably a week prior when I had a drink. 3

Q. So you had emptied it about a week prior; 4

is that right? 5

A. Yeah. 6

Q. Now, Defendant's Exhibit 3 also has a gun 7

in that picture; correct? 8

A. Uh-huh (positive response). 9

Q. Was that your gun? 10

A. No, sir. 11

Q. But you knew it was in the car that day; 12

right? 13

A. Yes, sir. 14

Q. Whose gun is it? 15

A. It belongs to D.C. McWilliams. 16

Q. Who is D;C. McWilliams? 17

A. A friend of mine. 18

Q. How did it get in the car? 19

A. Well, he left it in there. One day I give 20

him a ride when he was having car trouble. 21

It was starting to rain. He came along and 22

said he wanted to go back and get his gun 23

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. McWilliams a ride?

A. Approximately three or four days earlier

than that.

Q. Where does Mr. McWilliams live?

A. Right off of Highway 21.

Q. Do you know the address?

A. Not right ofthand.

Q. How far is it from your house?

A. 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?

A. It is.

Q. And you can see in there there's some

Page 32

bullets in there; right?

A. Yes, sir.

Q. Why were those bullets in your ashtray?

A. 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

fit in there.

Q.

 If you look back at Defendant's 3,

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

There is a bullet lying there on the seat,

isn't there?

A. Yeah.

Q.

 So he left the gun and a box of bullets in

your car?

A. Yes, sir.

Q.

 And he left it there for three to four

days?

A. That's approximately how long it was.

Q.

 Had he tried to get ahold of you to get his

gun and his bullets back prior to that

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 10 of 56
Deposition of Richard Marshall November 14, 2007

Page 33 Page 35

1 time? 1

2 A. He may have, but I was in and out of my 2

3 residence probably and missed him. I even 3

4 called him, but I couldn't get up with him. 4

5 Q. Does Mr. McWilliams still live there off 5

6 Highway 21? 6

7 A. I'm certain he does. 7

8 Q. Did you have a concealed weapon permit? 8

9 A. No, sir. 9

10 Q. Had you ever had a concealed weapon permit? 10

11 A. No, sir. 11

12 Q. How much money did you have on you that 12

13 day? 13

14 A. 500. 14

15 Q. Exactly 500? 15

16 A. Yes, sir. 16

17 Q. In what denomination were the bills? 17

18 A. I know two $100 bills and the rest were 18

19 twenties. 19

20 Q.

 Where did that money come from? 20

21 A. I previously was drawing unemployment when 21

22 I got laid off from one job and I saved 22

23 money. And during that time I was having a 23

Page 34

fairly decent streak at the gambling 1

casinos. During the time I won a 2

substantial amount of money. 3

Q. Which casino? 4

A. White Hall Gaming Casino. Also Biloxi, 5

Mississippi I won some money. 6

Q. Which casino in Biloxi? 7

A. I'm not sure right offhand. I'd have to 8

check receipts or something. I don't want 9

to say the wrong one. 10

Q. When did you win that money? 11

A. I won the money in Mississippi in '04. The 12

month I'm not exactly -- I'm not sure of 13

the month. I won money in White Hall in 14

'05, March. 15

Q. Well, how much did you win in Biloxi? 16

A. About 1600. 17

Q. And how much at White Hall? 18

A. 3600. 19

Q. And you're saying that this money was 20

left-- what was left of your winnings? Am 21

I understanding you correctly? 22

A. Yeah. 23

Q. Did you report those winnings on your

income tax?

A. I took a waiver out -- tax waiver out each

time.

Q. Tax waiver. You have to explain that to me

because I'm not a gambler.

A. When you have to sign to have your taxes

taken out of winnings to report your W-2s

from the casino.

Q. Right. Okay. But when you filed your

income tax at the end of the year, did you

report that income?

A. I haven't filed 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

Q. Where was that money at?

A. What money?

Q. 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 that at?

Page 36

A. In my short right-hand pocket.

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

canying it?

A. Just together folded.

Q. When was the first time that you remember

seeing the two officers that you ran into

later that day?

A. The first time that I seen two unknown

persons was on County Road 7 immediately

coming from my aunt's house.

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

that just a minute. Did you turn off of

Highway 21 going down 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.)

Q. 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

the area. Kind of centered in it is County

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 11 of 56
Deposition of Richard Marshall November 14, 2007

Page 37 Page 39

Road 7 and Highway 21 and we'll just kind 1

of refer to that. Now, you said you came 2

off-- was it County Road 16 and onto -- 3

I'm sony. Let me move all this stuff out 4

of your way. I don't see County Road 16 on 5

that map, and I might not have it zoomed in 6

in enough detail. 7

A. Well, it's -- the road coming from 8

Farmersville I think leads to be County 9

Road 16 and then you make a right on County 10

Road 7. 11

Q. There's Farmersville right there. So does 12

County Road 16 kind of come -- 13

A. Yeah. And you make a right onto County 14

Road 7. Then you make another right on 15

Highway 21. 16

Q. I tell you what. Let me give you my pen 17

here and if you would just kind of draw a 18

little line there from that dot under 19

Farmersville. Just your best guess at how 20

County Road 16 goes into County Road 7. 21

A. It would have to be coming from this 22

direction and make a right on County Road 23

Page 38

1 7. 1

2 Q.

 Just draw that to where it intersects into 2

3 County Road 7. Just make your line go into 3

4 County Road 7. 4

5 A. ('Witness complies). 5

6 Q. There we go. That's good. And if you 6

7 would, just put a 16 under that so we'll 7

8 know what we're talking about. 8

9 A. (Witness complies). 9

10 Q.

 All right. Now, if you would on here just 10

11 put a little X about where your house was 11

12 back in June of'05. 12

13 A. The residence where I was going to? 13

14 Q.

 Yes, sir. 14

15 A. Well, it's off of Highway 21. Braggs. 15

16 This is 263 exit I stayed approximately a 16

17 mile or two, three miles from the 263 17

18 exit. So I would have to say somewhere in 18

19 here approximately. 19

20 Q. Can you put a little bit larger X so when 20

21 we copy that? 21

22 A. (Witness complies). 22

23 Q.

 And if you would, just write home under 23

that.

A. (Witness complies).

Q.

 All right; So make sure I understand what

you're telling me. You left Farmersville

where your aunt's house was?

A. Yes, sir.

Q.

 Traveled down County Road 16?

A. Uh-huh (positive response).

Q.

 Took a right on County Road 7 from County

Road 16?

A. (Witness nods head).

Q.

 Where did you first see who you later

learned to be the defendants in this case?

A. Approximately a quarter mile after turning

on County Road 71 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.

Q. 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?

A. Yes, sir.

Page 40

Q.

 Had you ever seen that car before?

A. No, sir.

Q.

 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 even pay it no attention. Wasn't

registering in my mind. Just another

vehicle.

Q.

 Had you passed any vehicles onounty Road

7 prior to seeing that dark-colored

Lincoln?

A. No, sir. That's the first vehicle I saw.

Q.

 Had you passed any on County Road 16?

A. No, sir.

Q.

 So you're all alone on a road there?

A. Yes, sir.

Q.

 All 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,

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 12 of 56
Deposition of Richard Marshall November 14, 2007

Page 41 Page 43

saw that the car was veering off to the 1

side of the road. So I thought maybe they 2

had a flat or something, so I kept driving. 3

LS You didn't see it swerving in the road as 4

it was coming towards you; right? 5

A. No, sir. 6

Q. So the only thing that made you think it 7

was a drunk driver was it slammed on the 8

brakes and then veered off the road? 9

A. Yes, sir. 10

Q. Did you get a look at who was in the 11

vehicle as it went by you? 12

No, sir. 13

County Road 7 where you encountered this 14

dark-colored Lincoln, is that a two-lane 15

road? 16

A. It's a small rural road, one lane. 17

Q. One lane in each direction? 18

A. Yeah. One lane in each direction. 19

Q. Did you see any kind of blue lights on the 20

vehicle when it went by you? 21

A. There was no lights. 22

Q. When you say no lights, no blue lights? 23

Page 42

1 A. Right. 1

2 Q.

 It had headlights; right? 2

3 A. I'm certain it did. 3

4 Q.

 Had you ever seen Chris West before that 4

5 day? 5

6 A. No, sir. 6

7 Q. How about LaShun Hutson, had you ever seen 7

8 him before that day? 8

9 A. No, sir. 9

10 Q. Did you know of themT 10

'11 A. I never know of Shawn Hutson, but I have 11

12 heard Chris West's name. 12

13 Q.

 You'd heard Chris West's name prior to the 13

14 28th of June of'05? 14

15 A. Yes, sir. 15

16 Q. What did you know about Chris West prior to 16

17 June28 of'05? 17

18 A. Only that he was a law enforcement officer. 18

19 Q.

 Do you remember who you heard that from or 19

20 how you heard it? 20

21 A. No, sir. Just open conversation. 21

22 Q.

 Do you know who might have told you that? 22

23 A. No one told me. Just heard it. Just heard 23

of him.

Q.

 Did you know he worked with the drug task

force?

A. No, sir.

Q.

 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.

Q.

 You say right then. Did they do anything

else after that?

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

my car.

Q.

 Sofromthetime--Letmemakesurelgot

your testimony right. From the time you

saw them slam on brakes and veer off the

road until they were next to you, you

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

telling me?

A. Yes, sir.

Q.

 Were there any cars coming behind that

Lincoln that you saw?

A. No, sir.

Q. Okay. Now, you said they came alongside of

Page 44

you. How did they do that? Describe that

for me.

A. After seeing the car slam on brakes and,

like I said, I looked in my back mirror 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

saw was two black males in black T-shirts

trying to flag me to pull over on first

glance.

Q.

 You said trying to flag you. What were

they doing?

A. I just seen the hand signal (indicating)

and pull over.

Q.

 Was there anything -- Let me back up. Who

was doing the hand signal? Was it the

passenger or the driver?

A. Passenger.

Q.

 And just kind of describe what you did a

second ago. For the record you were using

your right hand and kind of pushing at

shoulder level off to the side?

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 13 of 56
Deposition of Richard Marshall November 14, 2007

Page 45 Page 47

1 A. Yes, sir. 1

2 Q. Did you later learn who the passenger was 2

3 that was giving you the hand signal? 3

4 A. I believe it was Shawn Hutson. A

5 Q. So Chris West was driving; is that right? 5

6 A. I think he was. Had to be. 6

7 Q. Was there anybody else in the car besides 7

8 those two? 8

9 A. No, sir. 9

10 Q. Was your window up or down in your car? 10

11 A. Down. 11

12 Q. Does the air conditioning work in that car? 12

13 A. No, sir. 13

14 Q. So you had 2 by 55 air conditioning? 14

15 A; I mean, wind? 15

16 Q. Yeah. 16

17 A. Yeah. That's it. 17

18 Q. And I'm just going to start referring to 18

19 them by name now. We know that based On 19

20 your testimony Shawn was the passenger and 20

21 Chris was the driver. Did Shawn say 21

22 anything to you when he was initially 22

23 giving you that hand signal? 23

Page 46

1 A. I really couldn't hear if he had said 1

2 anything anyway. As you can see in my 2

3 trunk, I had amplifiers and music that was 3

4 blasting during the time. I was driving 4

5 35, 40 miles per hour. All I could really 5

6 see was a hand signal. 6

Q. Well, did it look like he was trying to say 7

8 something? 8

9 A. I can't recollect. I can't say that 9

10 because it happened so quick. Just a brief 10

11 glance and that's all I looked over there. 11

12 Q. Let me back up and ask you something here. 12

13 In paragraph 16 of your amended complaint 13

14 you alleged that you've been robbed 14

15 before. 15

16 A. Yes, sir. 16

17 Q. How many times had you been robbed before? 17

18 A. Once. 18

19 Q. When was that? 19

20 A. August '03. 20

21 Q. Where was it? 21

22 A. In Montgomery. 22

23 Q. What happened? - 23

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

had a guy pull a gun on me and demanded

money.

Q. Were you in a car or were you just

walking? Where were you?

A. Coming out my room -- hotel room.

Q. Did he get any money off of you?

A. He took some money.

Q. Did you report it to the police?

A. Yeah. I went in for questioning and made a

statement

Q. Did they ever catch the guy who did it?

A. Yes.

Q. What was his name?

-A. '1 want to say Jerome Titus.

Q. What happened with Mr. Titus?

A. I guess they prosecuted him or whatever. I

don't know the full extent.

Q. Did you ever have to testify at trial?

A. 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.

Page48 L

Q.

 So he wasn't convicted?

A. Not to my knowledge.

Q.

 All right. So that was the only time that

you were robbed previously?

A. Yes, sir.

Q. Have you been robbed since?

A. No, sir.

Q. All right. So we got to the point where

their cr -- are they about even with you

going down County Road 7?

A. Yeah. They pulled right up beside me.

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

right?

A. Yeah. I wasn't driving fast.

Q. What's the speed limit there?

A. Approximately 45, 50 maybe, anywhere in

that range.

Q. About how long did they stay alongside of

you like that?

A. Approximately 10 seconds.

Q. What did they do after that 10 seconds?

A. They veered behind me and trailed me out to

Highway 21.

12 (Pages 45 to 48)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 14 of 56
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Deposition of Richard Marshall November 14, 2007

Page 49 Page 51

Q. Did they try to come up alongside of you 1

again prior to getting to Highway 21? 2

A. No, sir. 3

Q. Did you look at themin your rear view 4

mirror? 5

A. I took a glance in my rear view mirror and 6

noticed that they was riding my bumper. 7

Q. Did yousee a blue light at that time? 8

A. There was no blue light 9

Q. Could you see what the two occupants of the 10

car were doing in your rear view mirror? 11

A. No, sir. I didn't glance. Just quick 12

glance to see that they was still behind 13

me. 14

Q. Let me back up for just a second. When 15

they were alongside of you here this first 16

time, did you say anything to them? 17

A. On first glance when they pulled up, yeah, 18

I may have said -- asked them what they 19

want, not in that nice a way, though. 20

Q. Not in a nice way? 21

A. Yeah. Not in a nice way. 22

Q. Can you tell me exactly what you said? 23

Page 50

A. What the fuck y'all want. 1

Q. Did you think to turn the stereo down? 2

A. No. Because it was my first understanding 3

that it was somebody tiying to rob mc and 4

I'm not going to be courteous to them. 5

Q. So you couldn't hear what they were saying 6

to yOu; right? 7

A. No, sir. 8

Q. And you asked them what you asked them? 9

A. Yes,air. 10

Q. And the stereo is still going the whole 11

time? 12

A. Yes, sir. 13

Q. Did it look like either one of them 14

responded when you asked them that question? 15

A. No, sir. 16

Q. Because you just glanced at them real 17

quick; right? 18

A. Yes, sir. 19

Q. All right. They trailed you all the way up 20

to Highway 21; correct? 21

A. Yes, sir. 22

Q. What did you do when you got to Highway 21? 23

A. I turned right. Turned going toward my

residence.

Q. Turned right going towards your house?

A. Yes, sir.

Q. 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't know if it's west or not. All I

knew--

Q. Kind of southwest really?

A. Iturnedrightonllighway2l.

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

Highway 21 heading towards your house. Is

there a stop sign there at 7 and 21?

A. Caution light, yield sign.

Q. A yield sign?

A. Uh-huh (positive response).

Q. Was there any traffic coming on Highway 21?

A. No, sir. I didn't see any traffic.

Q. Either way?

A. No, sir.

Q. What is Highway 21? Is it another

two-lane, one lane each way, or is it

Page 52

four-lane?

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

highway.

Q. Did you stop at the intersection of 7 and

21?

A. Brief caution, brake in the road at the

yield sign and proceeded to go right toward

my residence.

Q. Kind of a rolling stop?

A. Yeah. Rolling stop.

Q. Wheels never really caine to a complete

rest?

A. No, sir.

Q. And you took the right going onto Highway

21?

A. Yes, sir.

Q. What did the Lincoln do?

A. Still behind me.

Q. It followed you out on Highway 21?

A. Yes, sir.

Q.

 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 21 the

13 (Pages 49 to 52)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 15 of 56
Deposition of Richard Marshall November 14, 2007

Page 53 Page 55

1 vehicle pulled up beside me again. 1

2 Q. So up again on the left-hand side of your 2

3 vehicle coming in the oncoming traffic 3

4 lane; is that right? 4

5 A. Yes, sir. 5

6 Q. How fast were you going at that time? 6

7 A. Approximately 55, somewhere around there. 7

8 Q.

 What's the speed limit on Highway 21? 8

9 A. I'm quite sure it's 55. 9

10 Q. And I should have asked you this before. 10

11 The rest of the time that you were on 11

12 County Road 7, did you stay going 35, 40 12

13 miles an hour? 13

14 A. Around 35, 40 miles an hour. Because they 14

15 were bumper to bumper on me. 15

16 Q.

 So you sped up a little bit? 16

17 A. It was a wavy road, so I really didn't want 17

18 to travel fast. 18

19 Q.

 Well, you did speed up a little if you got 19

20 up to 45; right? 20

21 A. Well, like I said, I was driving around 35 21

22 to 45 on County Road 7. 22

23 Q.

 Well, were you Irying to get them off your 23

Page 54

1 bumper at all? 1

2 A. I wasn't trying to because I knew I 2

3 couldn't. They was trailing my bumper. 3

4 And like I said, it was a wavy road. I 4

5 didn't want to hurt myself. 5

6 Q. So you turned onto Highway 21 and they came 6

7 up alongside of you. What happened when 7

8 they came alongside of you? 8

A. They came alongside me and I saw the same 9

10 thing again, hand motion and I glanced and 10

11 kept driving. 11

12 Q.

 Was there anything in -- And you said the 12

13 hand motion. Was that the passenger again, 13

14 Shawn? 14

15 A. Yes. 15

16 Q. Could you see anything that Chris might be 16

17 doing? - 17

18 A. I didn't have time to just lock in on him. 18

19 Q. Did Shawn have anything in his hands this 19

20 time when they pulled up alongside of you 20

21 on 21? 21

22 A. On second glance it appeared to be a weapon 22

23 at a glance and kept driving. 23

Q.

 Did you see anything besides the weapon?

A. No, sir. I just seen the right hand.

Q.

 I'm sorry?

A. I just saw his right hand gesturing and I

just kept driving.

Q.

 Is that the only hand he had in view?

A. That's the only hand I saw.

Q.

 Did he say anything to you?

A. I didn't hear him say anything if he did

for the music.

Q.

 You still had the music going?

A. Yes, sir.

Q.

 Could you tell that he was trying to say

anything to you? Could you see his lips

moving?

A. I didn't 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.

Q.

 You just said watching traffic. Are there

cars coming now?

Page 56

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

Q.

 So still y'all are the only two vehicles on

the road?

A. Yes, sir.

Q.

 Describe that weapon that you saw for me.

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

weapon. I don't know what brand --

Q.

 Wasitaknife?Agun?

A. A gun, yeah. A gun.

Q.

 Was it black? Shiny?

A. It was black.

Q. Big gun? Little gun?

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

size. I glanced at the weapon I saw.

Q.

 Was it pointed at you?

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

I seen was a hand gesture going like to

pull over or whatever.

Q.

 He was gesturing with the gun?

A. That's what I saw.

Q.

 Did you say anything to him?

A. I didn't say anything else. I was still

just driving.

14 (Pages 53 to 56)

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Deposition of Richard Marshall November 14, 2007

Page 57 Page 59

1 Q. While all this was going on up to this

2 point, what's Kevin doing?

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

4 this trying to run us off the road? I tell

5 him I don't know; looks like somebody

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

7 He was scared.

8 Q.

 Well, I understand that you were driving

9 the vehicle. Was he watching them?

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

11 of what was going on.

12 Q. Did he tell you at some point that the

13 police were behind you?

14 A. He didn't tell me that

15 Q.

 He did not tell you that?

16 A. No, sir.

17 Q.

 Well, did he ever tell you to pull over at

18 any time?

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

20 asking me who is this and what they trying

21 to do. He just said, it looked like

22 they're going to run us off the road and

23 kill us if we don't pull over.

Page 58

(Defendant's Exhibit 6 was marked

for identification.)

Let me show you what we'll mark as

Defendant's Exhibit 6. Let me give you

just a minute to look at Defendant's

Exhibit 6.

(Brief pause.)

Had you ever seen that document before

today, Mr. Marshall?

A. I have.

Q. When did you get a chance to see that

document?

A. When we turned the information over.

Q. Those initial disclosures; is that right?

A. Yeah.

Q. 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

we already had been spun off the road

before we realized who it was..

Q.

 Now, you still had the music going pretty

good at that time?

A. The music was going until Chris West turned

it off.

Q.

 Is it possible that you just didn't hear

what Kevin was saying to you because of the

music?

A. It's possible.

Q.

 All right. How long did they stay up

alongside of you the second time?

A. Still approximately 10 seconds.

Q.

 Didyou see a blue light this time?

A. I didn't see a light.

Q.

 Did you see a badge?

A. I didn't see a badge either.

Q.

 And you told me before that they were

wearing black T-shirts. Did those black

T-shirts have any writing on them?

A. Not that I can recollect. I just seen it

was black T-shirts.

Q.

 What did they do after that 10 seconds of

Page 60

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.

Q.

 Between the time that they pulled back

behind you and as you described the ranmling

started, did you get a chance to look in

your rear view mirror at them?

A. I didn't look in the mirror.

Q.

 You didn't look again?

A. (Witness shakes head).

Q.

 So you couldn't see anything that they were

doing back there?

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

Q. Let me back up again to the second time

they were beside you. I might have asked

you this before. If I djd, I apologize.

Did you say anything to the passenger that

second time?

A. No, sir.

Q.

 Make any motions to him?

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

just remember glancing at him and keep

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Depositiorrof Richard Marshall November 14, 2007

Page 61 Page 63

1 driving.

2 Q.

 While all this was going on, where was this

3 gun that's in Defendant's 3?

4 A. Laying on the seat.

5 Q.

 About where it is in Defendant's 3?

6 A. Approximately somewhere.

7 Q.

 Let me show it to you again. And is

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

9 is that the steering wheel?

10 A. Yes, sir.

11 Q.

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

12 fairly close to the driver?

13 A. Yes, sir.

14 Q.

 Was that gun just out in the open like

15 that, or was it tucked up under you

16 somehow? How was that gun?

17 A. It was down between the seat.

18 Q.

 What do you mean down between the seat?

19 A. Approximately somewhere around here where

20 it wouldn't be sliding. It was laying

21 there.

22 Q.

 You're pointing to the right-hand side what

23 looks like seat belts. Are those seat

Page 62

belts there?

A. Yeah.

Q. Those little black things on the right-hand

side?.

A. Uh-huh @ositive response).

Q. 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.

Q. 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.

Q. Was the gun loaded?

A. Yes, sir.

Q. What kind of gun is that?

A. .357.

Q. Do you know what kind of bullets were in

it?

A. .357 hollow points.

Q.

 At any time during this pursuit did you

pick that gun up?

A. No, sir.

Q.

 .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.

Q.

 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

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

me what you mean when you say they rammed

you.

A. Like I say, 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

Page 64

vehicle like two or three times. Each time

it was knocking the car in a wiggling

motion off the highway.

Q. How fast were you going at that point?

A. 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.

Q. What part of their car was striking your

car?

A. I would have to say their bumper to

bumper. I wasn't aware of the ramming

until I was hit

Q. Okay. Was 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?

A. They were hitting me center on up until the

point where they spumed 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 30-2 Filed 02/12/2008 Page 18 of 56
Deposition of Richard Marshall November 14, 2007

Page 65 Page 67

1 MR WILFORD: Let's take a quick

2 break. We've been going for

3 an hour.

4 (Brief recess was taken.)

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

6 talking about the ramming had begun. About

7 how many times did the Lincoln come into

8 contact with your car?

9 A. First ramming I'm quite sure he rammed me

10 twice -- two or three times. Made the car

11 sort of lose control and then I regained.

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

13 them one by one so you can tell me what

14 happened each time he made contact with

15 you. The first time that he hit you, was

16 that, again, head-on his front to roughly

17 the center of your bumper; is that right?

18 A. Yes, sir.

19 Q. And how fast were you going at the time

20 when he first hit you?

21 A. I may have been going approximately 45 to

22 55 miles an hour at the first ramming.

23 What did you do when you felt the impact?

1 car after the first hit, what, if anything,

2 did you do?

3 A. Continued to drive.

4 Q.

 Did you slow down or speed up?

5 A. Yeah. I slowed down.

6 Q.

 How slow did you get down to?

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

8 anhour.

9 Q.

 Did you make any moves to pull the vehicle

10 off the road?

11 A. No.

12 Q.

 You said your neck got jerked around. Did

13 you come in contact with anything in the

14 car?

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

16 Q.

 How long did you drive at 35 miles an hour

17 before something else happened?

18 A. Approximately 10 seconds and got rammed

19 again.

20 Q.

 So this would be ram number two; correct?

21 A. Yes, sir.

22 Q.

 How did he hit you that time?

23 A. Same way, bumper.

Page 66

1 A. Well, on impact it jerked my neck and for a 1

2 brief moment I lost control of the car like 2

3 swerved from the ramming. And I looked in 3

4 the mirror at this time to see what was 4

5 going on, but I still couldn't see what 5

6 they was doing back there. I drove 6

7 approximately another quarter mile. 7

8 Q. Hang on just a second. You said you looked 8

9 back in the rear view mirror. About how 9

10 long did you look? 10

11 A. Just a glance up after they rammed. 11

12 Q.

 Could you see what they were doing? 12

13 A. No. I couldn't make visual what they were 13

14 doing. 14

15 Q.

 Did you see a blue light? 15

16 A. No, sir. 16

17 Q. Did you see any badges? 17

18 A. No, sir. 18

19 COURT REPORTER: Can I stop for 19

20 two seconds? 20

21 MR. WILFORD: Sure. 21

22 (Brief pause.) 22

23 Q.

 All right. After you got control of the 23

Page 68

Q.

 Center on?

A. Yes, sir.

Q.

 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.

 So he couldn't have accelerated too much

before he came in contact; right?

A. Iguess not.

Q.

 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.

Q.

 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

17 (Pages 65 to 68)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 19 of 56
1 I was on the opposite side of the road in a

2 daze. By the time I opened the car door

3 they was already out of their vehicle with

4 guns drawn.

5 Q. Let's talk about your head hitting the

6 steering wheel. What part of your head hit

7 the steering while?

8 A. My right -- left temple.

9 Q. Right above your eye there?

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

11 it.

12 Q. And you weren't wearing your seat belt at

13 the time; right?

14 A. No, sir.

15 Q. Was that from the second hit or the spinout

16 hit that sent your head into the steering

17 wheel?

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

19 me, it like threw me off the seat out of

20 control and I just snatched the wheel and

21 the car just went where it went.

22 Q. So it went all the way across the oncoming

23 lane; is that right?

Deposition of Richard Marshall November 14, 2007

Page 69 Page 71

1 and then I felt the ram again.

2 Q.

 About how far did he fall back?

3 A. I can't say how far because I really didn't

4 look back. I just know I was swerving and

5 I'm quite sure he wasn't on my bumper while

6 I'm swerving.

7 Q. Right. When you did that glance into the

8 rear view mirror, though, about where was

9 he? Was he still back on your bumper? Had

10 he fallen back?

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

12 yards after he first bumped me.

13 Q.

 All right. So the second impact was about

14 as hard as the first impact; right?

15 A.--Yes, sir.

16 Q.

 What happened immediately after the second

17 impact?

18 A. Immediately after the second impact, the

19 car veered a little more, and immediately

20 following that that's when he bumped it

21 again on my driver's side bumper and

22 spinned me out of control. That's when my

23 head hit the steering wheel. I snatched

Page 70

1 the vehicle. It jumped Highway 21 and 1

2 landed on the opposite side of the highway 2

3 in a ditch on a spinout. 3

4 Q. Okay. So you're saying that the hit where 4

5 he spun you out came fairly quickly after 5

6 the second ram; is that right? 6

7 A. Yes, sir. 7

8 Q.

 Were you still going about 35 miles an hour 8

9 when the spinout hit occurred? 9

10 A. Yes, sir. Approximately. 10

11 Q.

 Were you able to take any kind of 11

12 corrective action with the car between the 12

13 time of the second hit and the spinout hit? 13

14 A. After he rammed me the second time, like I 14

15 say, I guess because I wasn't going as 15

16 fast, the car just like jerked. And before 16

17 I can regroup, he had hit me again on the 17

18 bumper. And that's when I spumed out 18

19 toward the bluff. My head hit the steering 19

20 wheel. Knowing it's a deep bluff right 20

21 here, I snatched the steering wheel, and 21

22 all I know the car jumped or skid across 22

23 Highway 21. Because when my head came up, 23

Page 72

A. 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.

Q. So you went off to the left from your

direction of travel; is that right?

A. That's where --

Q.

 Your car went to the left?

A. That's where it landed.

Q.

 Your initial direction of travel?

A. Yes, sir.

Q.

 And the stereo was still going the whole

time; right?

A. Whole time.

Q.

 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.

Q.

 Do you recall saying anything?

18 (Pages 69 to 72)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 20 of 56
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Deposition of Richard Marshall November 14, 2007

Page 73 Page 75

A. I was probably mumbling to myself, they're 1 21?

trying to kill me, what they doing, 2

something to that effect. 3

Q. Did you ever think to pick up that gun and 4

defend yourself with it? 5

A. No,sir. 6

Q. Did you have a cell phone with you that day? 7

A. I'm quite sure I did. 8

Q. Do you remember what the phone number was? 9

A. I don't remember. 10

Q. Did you try to call anybody? 11

A. No, sir. I didn't have time. 12

Q. That's a good point. From the time that 13

you saw that Lincoln break back on County 14

Road 7 until the time that you came to a 15

stop on Highway 21, how much time had 16

passed? 17

A. If I had to estimate, I'd approximately say 18

anywhere from five to 10 minutes. 19

Q. Did Kevin have a cell phone? 20

A. No,sir. 21

Q. All right. So in that entire five- to 22

1 0-minute period, you never picked up the 23

Page 74

phone to make a call? 1

A. No,sir. 2

Q. Never thought to call for help? 3

A. It's a panic situation. You think you're 4

getting robbed. You ain't got time to call 5

for no help when I'm driving. 6

Q. The entire time that passed between the 7

first time that you were hit until you were 8

spun out, were there any vehicles on the 9

road besides yours and the Lincoln? 10

A. I didn't meet any traffic on County Road 7, 11

and I don't recall meeting any traffic on 12

County Road 21 until after the incident was 13

over. 14

Q. Did you throw anything out the window at 15

any time? 16

A. The only thing I had in my hand wasa 17

cigarette butt. I was smoking previous to 18

the whole incident. If anything was 19

thrown, it had to be a cigarette butt 20

because I didn't have anything else. 21

Q. Where did you throw that cigarette butt 22

out? Was it on County Road 7 or Highway 23

A. Probably had to be on Highway 21.

Q. What is this area here in this intersection

of 7 and 21 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 --

Q.

I tell you what. Let's start on County

Road 7 from basically where you turned off

on 16 up to 21. Are there anyhouses 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.

Q. At the intersection of 16 and 7?

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

church there. And immediately turning on

County Road 71 know there's a house and

Page 76

another house or two on your left. And

after that --

Q.

Is this as you're traveling towards 21 that

you're describing for me?

A. 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.

Q. What about on 21 where you turned right

there, what's the area like around there?

A. It's 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 two older model houses

on your left. Then you've got a another

stretch -- bridge and stretch or whatever.

Q. Any churches or anything like that around

there?

A. Not right there on Highway 21. Not right

there.

Q. Any gas stations or stores?

A. Yeah There's a store probably a quarter

19 (Pages 73 to 76)

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Page 80

1 is that right?

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

3 where I landed.

4 Q. Right.

5 A. And by the time my head is up off the

6 steering wheel, my door -- they had already

7 pulled down and standing in the doorway

8 with guns drawn.

9 Q.

 That's -- Actually you make a good point

10 there. Let me -- Did you see what happened

11 to the Lincoln after it made contact --

12 made the contact with your vehicle that

13 spun you out?

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

15 anything else until the car came to rest.

16 And like I say, my head hit the steering

17 wheel. I had like a daze. And when I

18 leaned back and opened my eyes, the Lincoln

19 was pulling down right there and they

20 jumped out of the car with pistols drawn.

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

22 just opened the door and they was already

23 up.

Deposition of Richard Marshall November 14, 2007

Page 79 Page 77

mile to your left from the caution light.

Q. Going back towards Braggs?

A. Yeah. Going back towards Braggs.

Community store right there.

Q. What about in the direction that you

traveled on2l, are there any stores or gas

stations or anything like that?

A. The direction I traveled that day going

home?

Q. Yes, sir.

A. No gas station. No store.

Q. And your house is on Highway 21?

A. Right off the dirt road. Turn right off of

21.

Q. About how far back off of 21?

A. Just a couple hundred yards.

Q. Are there any other houses around that one?

A. 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.

Q.

Is that a different caution light than the

Page 78

one you've been telling me about on 7/21?

A. Yeah.

Q. So that's further on down?

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

another caution light right down there.

Q. You're pointing right about where 21

intersects the Lowndes/Wilcox County line.

A. Yeah.

Q. I'm just trying to describe for the record

where you were pointing.

A. Wilcox County line actually was about a

mile from the --

Q. From your home or from where you wound up?

A. From my home.

Q. How far were you from your home when you

were spun out?

A. Approximately a mile.

Q. Did your car hit anything when it was spun

out other than the Lincoln?

A. Probably embankment is all I can say.

Q. Didn't hit a mailbox or --

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

Q. And we showed you already Defendant's

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6

7 Q.

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15 •Q.

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17

18 A.

19 Q.

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21 A.

22

23 Q.

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 identification.)

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 21 on June 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;

20 (Pages 77 to 80)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 22 of 56
Deposition of Richard Marshall November 14, 2007

Page 81 Page 83

1 Q.

 So you saw the Lincoln -- I want to make 1

2 sure I got you right You saw the Lincoln 2

3 come to that position that we see it in in 3

4 Defendant's 7 and 8; is that right? 4

5 A. Yeah. I saw it pull down. 5

6 Q.

 And is that where that car was when, as you 6

7 described, they got out with their guns 7

8 drawn? 8

9 A. Yes, sir. 9

10 Q.

 So the two cars in 7 and 8 are where they 10

11 were at that time that they got out and 11

12 drew down on you; is that right? 12

13 A. Yes, sir. 13

14 Q.

 Defendant's Exhibit 7, that's the rear of 14

15 your car; correct? 15

16 A. Yes, sir. 16

17 Q.

 What is that license plate? 17

18 A. BRich3. 18

19 Q.

 That's a personalized plate; is that right? 19

20 A. Yes, sir. 20

21 Q.. Did you select that? 21

22 A. Yes, sir. 22

23 Q.

 What does that mean? 23

Page 82

1 A. Just a nickname. I had the same license on 1

2 two other vehicles. That's just the third 2

3 vehicle I had purchased. I had another 3

4 Nova. 4

5 Q. So your nickname is B Rich; is that right? 5

6 A. LJIh-huh (positive response). 6

7 Q.

 Where does that come from? 7

8 A. •Just a nickname. Gained a little weight 8

9 over the years. People started calling me 9

10 Big Rich. I used to be a skinny guy. 10

11 Q. I got you. So the Rich is short for 11

12 Richard? 12

13 A. Yeah. 13

14 Q.

 I got you. So you at some point had 14

15 vehicles that had BRichi and BRich2 on 15

16 them? 16

17 A. Yeah. -. 17

18 Q.

 When you hit your head on the steering 18

19 wheel, did it get cut? 19

20 A. No, sir. Just a knot. 20

21 Q. All right. You saw the Lincoln pull up to 21

22 where we see it on7 and 8 and they got out 22

23 with guns drawn. Did both officers get out 23

with guns drawn?

A. Yes, sir.

Q.

 You saw the guns, then at that time?

A. Yes, sir.

Q, 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?

A. 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 a daze.. 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.

Q.

 Both of them?

A. 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.

Q.

 Chris West was on the passenger side when

Page 84

you saw him?

A. Yeah.

Q.

 And where was Hutson?

A. On the other side of the door.

Q.

 On the driver's door?

A. Uh-huh (positive response).

Q.

 Did you see how they got to that position?

Because I think you told me earlier that

Chris was driving.

A. 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.

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

got to get this right. When the car pulled

up alongside of you twice, it was Shawn

Hutson who was gesturing at you to pull

over; right?

A. Yeah.

21 (Pages 81 to 84)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 23 of 56
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Deposition of Richard Marshall November 14, 2007

Page 85 Page 87

Q.

 And he was on the passenger's side; right? 1

Is that right? 2

A. I understood it to be him. I know it was a 3

skinnier guy. 4

Q. I understand you didn't know him at the 5

time. 6

A. Uh-huh (positive response). 7

Q. And Chris and Shawn were the only two in 8

the Lincoln; right? 9

A. Yes, sir. The only two. 10

Q.

 So doesn't that basically mean that Chris 11

had to have been driving? 12

A. Yeah. I guess he was driving, yeah. 13

Q. So let me go back to my question. Did you 14

see how it was that Chris wound up on the 15

passenger's side of the car after you were 16

spun out and Shawn wound up on the driver's 17

side? 18

A. I didn't see that, but it was Chris West 19

that was on the passenger's side with the 20

gun on me. 21

Q.

 And you said you saw the shield on Shawn; 22

is that right? 23

Page 86

A. Saw the shield on Chris. I really couldn't 1

see -- 2

Q. Keep me straight. Shield on Chris. Did 3

you get out of the car on their command or 4

on your own? 5

A. Well, after -- Like I say, they was already 6

out. They may have commanded me, but I was 7

• dizzy in the head. I got out of the car 8

and stood in the door with my hands up. 9

And I was asking them what's going on, and 10

they were just telling me, get on the 11

ground, get on the ground, get on the 12

ground. 13

Q. So you could hear them now; right? 14

A. Yeah. I could hear them. 15

Q. Music still going? 16

A. Still going. 17

Q. But now you can hear them? 18

A. Yeah. I'm out of the car. 19

Q.

 At this time is the gun that was in your 20

car where it is in Defendant's 3? 21

A. Yes, sir. It was laying there. 22

Q.

 Just like that? 23

A. (Witness nods head).

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

did you get on the ground?

A. No,sir.

Q. 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.

Q. Did you say anything to them?

A. I'm quite sure I did.

Q.

 What did you say?

A. Why y'all doing thi; what's going on,

something to that effect, what's this all

about

Q. At this point you'd seen the badge on

Chris; right?

A. Yeah, I saw it

Q. So you knew they were police at this time;

right?

A. I did.

Page 88

Q. 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.

Q. You said Shawn wasn't focused on you. What

was he doing?

A. He was more or less watching my cousin.

Q. 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 thawed out, my

attention was on them. So I really don't

know what he was doing.

Q.

 Well, when was the next time that you

became aware of what Kevin was doing?

A. When Shawn Hutson came around and got him

out of the car and put him in cuffs.

22 (Pages 85 to 88)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 24 of 56
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Deposition of Richard Marshall November 14, 2007

Page 89 Page 91

Q.

 Was that before or after Chris West had

approached you?

A. He had already came along and subdued me.

Q.

 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 can't recall anything they

said besides get down.

Q. Did they identify themselves, DTF or

sheriffs department or anything like that?

A. They didn't identify nothing.

Q. Other than the badges that they had on --

well, the badge that Chris had on?

A. The badge.

Q.

 All right You said Chris came and

approached you and you were still standing

up at that time; right?

A. Yes, sir.

Q.

 What happened when he got to you?

A. He got to me, kick slammed me to the

ground.

Page 90

Q.

 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.

 He cuffed you behind your back?

A. Yes, sir.

Q. 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.

Q.

 Did you say anything back to him as he was

coming up on you?

A. I didn't say anything theii

Q.

 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

a daze and --

Q. You said your hands were up on top of the

1 car. Were they on top of the --

2 A. Top of the door. I was standing in the

3 door with my hands like this (indicating)

4 so be can clearly see.

5 IsI We're going to look at Defendant's 2

6 again. You can see here you've got both

7 the driver's side front and rear door

8 open. I'm sure the driver's side rear door

9 wasn't open while all this was going on;

10 right? That was later?

11 A. Yes, sir.

12 Q. Was the front door open about like it is --

13 A. Yes.

14 Q. -- while this initial confrontation between

15 you and the officers was going on?

16 A. Yes, sir. I was standing in my doorway

17 with my hands up right here on top while

18 they was drawn and commanding me.

19 Q. Did anybody give any commands to Kevin that

20 you heard?

21 A. Like I say, I really can't recall any

22 commands being given to Kevin, because the

23 music is still loud and I'm just focusing

Page 92

1 on this gun is drawn on me and I can

2 clearly see what he's doing.

3 Now, at the point from where Chris drew

4 down on you until he came up on you, you

5 got a pretty good look at him; right?

6 A. Uh-huh (positive response).

7 Q. What else did he have on him, if anything,

8 as far as on his person? Did you see any

9 equipment belt or anything like that?

10 A. Only thing I can recognize is he had on a

11 black T-shirt with the shield and he had on

12 regular short pants like I had on, tennis

13 shoes or something to that effect.

14 Q. Did you see anything on his belt?

15 A. I can't recall. I wasn't paying any

16 attention to that All I was focusing on

17 was the gun on me.

18 From the time Chris initially yelled at you

19 to get on the ground until the time that he

20 approached you and as you said foot-swept

21 you and cuffed you, did he do anything else

22 that we haven't talked about?

23 A. Not from the time he came from there and

23 (Pages 89 to 92)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 25 of 56
Deposition of Richard Marshall November 14, 2007

Page 93 Page 95

foot-swept me on the ground he didn't.

After you were in cuffs and on the ground,

I think you told me earlier that's when

they cuffed Kevin; right?

A. Yes. Shawn Hutson went and pulled him out.

Q. Were you able to see that --

A. Yes.

Q. -- from where you were?

A. Yeah.

Q. 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.

Q. So you're out --

A. Out from the door.

Q. -- to the lower part of the picture

underneath the door -- the front door?

A. Out from the door, yeah.

Page 94

1 Q. Is that with your head facing back towards 1

2 Highway 21? 2

3 A. My head is out this way where I can see 3

4 Highway 21 and I can see in my car. 4

5 Q. Looking at Defendant's 2, where is the 5

6 Lincoln at? Can you point for me the 6

7 general direction the Lincoln was in? 7

8 A. The Lincoln was still up here at the front 8

9 where it was. 9

10 Q.

 You're kind of pointing off to the 10

11 left-hand side of Defendant's 2 kind of in 11

12 the middle; is that right? 12

13 A. Up in front of the vehicle where it was 13

14 resting on the other picture. The Lincoln 14

15 was still there. 15

16 Q. How did Kevin get out of the car? 16

17 A. Shawn Hutson pulled him out of it. 17

18 Q. 

I understand that But what side of the 18

19 car did he come out of? 19

20 A. Passenger's side. 20

21 Q.

 So Shawn came around to the passenger's 21

22 side of the car and took him out? 22

23 A. Yes, sir. 23

Q. 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.

Q. Was it through an open door or through the

window?

A. The door. The door was open.

Q.

 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.

Q. Where we see him in Defendant's 7 and 8?

A. Yeah.

Q. Did he pretty much stay there for the rest

of the time until he was taken from the

scene?

A. Yes, sir.

Q.

 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

Page 96

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?

A. It was on the front seat.

Q. Did we see your wallet in any of these

pictures?

A. I didn't see it.

Q. So he searched your pants?

A. 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

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 26 of 56
Deposition of Richard Marshall November 14, 2007

Page 97 Page 99

1 I ain't stopped, this and that. I told him 1

2 I didn't know who he was; I thought you was 2

3 somebody trying to rob me. You know who I 3

4 was, this and that back and forth. 4

5 Q. Let me stop you right there. Other than 5

6 your wallet -- You said you didn't see him 6

7 take the money out? 7

8 A. I didn't see him take it out, but he put 8

9 his hand in the pocket where my money was. 9

10 I didn't see him take it out 10

11 Q. Did he take anything else out of your 11

12 pockets? 12

13 A. Just my wallet in my sight. I saw him take 13

14 the wallet out and go through it and throw 14

15 it down. 15

16 Q. Did he search any other part of your person 16

17 other than the pockets of your pants? 17

18 A. He had -- Like I say, he had his hands 18

19 verbally in -- like in the belt part of my 19

20 pants and pulled them first like shoved me 20

21 against the car. Then he started searching 21

22 me. After that he went to the trunk of the 22

23 car and started tearing it up, opening it 23

whatever. Shawn was more or less over by

the vehicle.

Q.

 I'm just focusing on the time right now

while Chris was searching your person, not

the vehicle yet. Was Shawn standing

nearby?

A. I can't recollect where be was then. I

know he had got Kevin out of the car and he

wasn't in our immediate space.

Q.

 All right Once he got done -- Once Chris

got done searching you, what did he do with

you, if anything?

A. 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 my leg because he busted the

zipper and the button. My pants was on the

Page 98

1 up. 1

2 Q. Okay. About how long did his search of 2

3 your person take? 3

4 A. I would approximately say 10 minutes. 4

5 Q. 10 minutes? 5

6 A. Approximately. Because he went through the 6

7 trunk and everything. 7

8 Q.

 I'm just talking about your person. 8

9 A. Oh, me? 9

10 Q.

 Yeah. Your person. 10

11 A. Couple of minutes. Couple of minutes. 11

12 Q.

 While this was going on, were you able to 12

13 see or hear what was going on with Kevin? 13

14 A. No. I ain't heard -- As far as I know, 14

15 Shawn had placed him over there sitting 15

16 down. He wasn't going nowhere. 16

17 Q.

 Was Shawn present while you were being 17

18 searched by Chris West? 18

.19 A. Yes, sir. 19

20 Q. Was he standing there? 20

21 A. He was more or less out around the Lincoln 21

22 Town Car around the vehicle. Chris was 22

23 searching me, searching the trunk or 23

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 --

A. 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)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 27 of 56
Deposition of Richard Marshall November 14, 2007

Page 101 Page 103

1 A. I was probably weighing about 275, 280 back 1

2 then. 2

3 Q. How tall were you? 3

4 A. 5-9. 4

5 Q.

 The shorts you were wearing that day, were 5

6 they tight on you? Baggy? Were you 6

7 wearing them low slung? 7

8 A. Just snug fit, average fit. 8

9 Q. Did you have a belt on? 9

10 A. No belt. 10

11 Q. You were wearing boxers underneath them; is 11

12 that right? 12

13 A. Yes, sir. 13

14 Q. You said the zipper broke on the shorts? 14

15 A. The zipper bust ard the button popped off, 15

16 because he stuck his hands in the inside of 16

17 my crotch and gripped the pants and forced 17

18 me back in the car while I'm already in 18

19 cuffs. Then he choked me because I was 19

20 asking what he was doing. I said, man, 20

21 what this all about. When I wouldn't get 21

22 in the car -- That's what made me get in 22

23 the back seat of the car. He verbally 23

Page 102

1 choked me until I couldn't breathe, and 1

2 that's when I subdued and got in the back 2

3 seat of the car. 3

4 Q.

 Describe for me how he choked you. 4

5 A. Doing the motion. When he slammed me 5

6 against the car, I still wouldn't get in 6

7 the back seat of the car because I 7

8 couldn't -- it's a small car. I know I 8

9 couldn't hardly get in there. And I 9

10 wouldn't obey what he was doing. He said, 10

11 you're going to get in the back seat of 11

12 this car because traffic coming at the 12

13 time. He grabbed one hand on the back of 13

14 my neck some kind of full nelson choke and 14

15 my head was like this (indicating). You're 15

16 going to get in the car. That's what he 16

17 said. You're going to get in there. And 17

18 when I stopped -- couldn't breathe, I gave 18

19 up and crawled in the back seat of the 19

20 car. You see my legs are still out. I 20

21 couldn't get my whole body in there. 21

22 Q.

 So he had one arm in the front of your neck 22

23 and one arm in the back of your neck; is 23

that right?

A. 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?

A. 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 andhe

released his hold; is that right?

A. Yes.

Q. About how long were you in that hold?

A. Long enough for my breath to get cut off.

Q. Seconds? Minutes?

A. Seconds. Wasn't no minutes. Seconds.

Q. 10 seconds? Five seconds?

A. I don't know how many seconds.

Approximately five to 10 seconds.

We do see you in the car in these pictures;

Page 104

right? Let's look at Defendant's 7. Is

that you in the back seat of the car there?

A. Yes, sir.

Q.

 And Defendant's 8, is that you in the back

seat of the car?

A. Yes, sir.

Q.

 And I think you told me he searched your

car too. Was that before or after he put

you in the back seat of your 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.

Q.

 At some point did he fmd the gun?

A. Oh, he already saw the gun.

Q.

 Tell me when you first became aware that he

was aware of the gun.

A. After he had slammed me down on the ground

26 (Pages 101 to 104)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 28 of 56
Deposition of Richard Marshall November 14, 2007

Page 105 Page 107

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1 and put me in cuffs they saw the gun,

2 because they was making little smart

3 comments about the gun on the seat and this

4 and that.

5 Q. Who made the comment about the gun?

6 A. Shawn Hutson. Oh, he got a big gun; oh, it

7 ain't no cheap gun either; all this and

8 that. I told them it's not my gun. That's

9 your gun? I said, it ain't my gun, man.

10 Q. Had the radio been turned off at this

11 point?

12 A. Chris West turned the radio down after he

13 put me in cuffs.

14 Q. After he put you in cuffs?

15 A. Yeah.

16 Q. Is that about the same time that he found

17 the gun?

18 A. Yeah. He saw the gun right after he

19 reached in the car or whatever.

20 Q. Did he take the gun, did he move the gun,

21 or did he just leave it right there where

22 we see it?

23 A. He left it right there.

or whatever. Then Shawn cameover where he

was and they were making little small talk

about the caliber and the model of the gun

or whatever, this and that.

Q. Any other conversation that you heard?

A. No, sir. After that incident, Chris West

took me up there and put me on the hill

beside Kevin.

Q.

 Took you back out of your car?

A. Yes, sir.

(Defendant's Exhibit 9 was marked

for identification.)

Q.

 I'm going to show you what we'll mark as

Defendant's Exhibit 9.

A. Uh-huh (positive response).

Q.

 Mr. Marshall, do you recognize what's in

Defendant's Exhibit 9?

A. Appear to be some money.

Q.

 Looks like it's on some carpet too; right?

A. Appeartobe.

Q. Is that the same kind of carpet that you

have in your Nova?

A. My Nova doesn't even have carpet in it, so

Page 106

1 Q. All right. Then he did a complete search 1

2 of your car; is that right? 2

3 A. He went to the trunk. He already had 3

4 visually searched the little front part, 4

5 which is not too much concealed. He went 5

6 to the trunk and that's where he did most 6

7 of the searching, moving stuff doing this 7

8 and that, whatever he was doing back 8

9 there. He came back a little while where I 9

10 was. 10

11 Q. Did he bring anything with him when he came 11

12 back up there where you were? 12

13 A. No, sir. 13

14 Q. Did he tell you that he had found anything? 14

15 A. No, sir. 15

16 Q. About how long did it take him to search 16

17 the car? 17

118 A. I'd say the whole search probably I'd say 18

19 five to 10 minutes. 19

20 Q. While Chris was searching the car, what was 20

21 Shawn doing? 21

22 A. Shawn was back toward the Lincoln Town Car 22

23 and Chris made the statement about the gun 23

Page 108

I don't know what that is.

Q.

 Did you have money like that that day, a

five and what looks like a bunch of ones?

A. 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.

Q.

 So it's your testimony that that money

wasn't in your car that day?

A. I can't say it wasn't in my car. It may

have been Kevin's money, but it's not mine.

Q.

 So you don't recognize anything in

Defendant's Exhibit 9 at all?

A. It's not my money.

Q.

 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?

A. I don't recognize that.

• (Defendant's Exhibits 10 and 11

were marked for identification.)

Q.

 Mr. Marshall, I'm going to shOw you two

more pictures, Defendant's 10 and 11. Were

those pictures taken of you on June 28th,

2005?

27 (Pages 105 to 108)

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Deposition of Richard Marshafl November 14, 2007

Page 109 Page 111

1 A. Yes.

2 Q. Is that what you were wearing at the time?

3 A. Yes.

4 Q. And that is you in those pictures; right?

5 A. Yes.

6 MR. WILFORD: Let's get something

7 to eat.

8 (Whereupon lunch recess was taken.)

9 Q. (Continuing by Mr. Wilford) Mr. Marshall,

10 you testified before we took a break that

11 at some point you were taken and put over

12 on the side of the bill there next to

13 Kevin; right?

14 A. Yes.

15 Q.

 What, if anything, happened after you were

16 put over there by Kevin?

17 A. They ran my name, his name in and --

18 Q.

 What do you mean they ran his name in?

19 A. Warrant check or whatever, social security

20 number. Ran both our names and --

21 Q.

 Did any other police units arrive?

22 A. Probably 30 to 45 minutes later they called

23 back to Hayneville for a sheriffs deputy

Page 110

vehicle. It arrived, which I was placed

in.

I'm sony I interrupted you. So they

called his information in?

Called both of us in.

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.

Did they call over a radio or cell phone,

or how did they do that?

Over the dispatch (indicating).

You're doing --

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

hill for 30 to 45 minutes before another

vehicle came?

A. Yes. Before the police, vehicle came.

Q. Anything else happen during that time

besides your information being called in?

A. Not during that time I was sitting on the

hill. Nothing happened then.

Q.

 So nothing happened between that time and

the time that another police unit showed

up; is that right?

A. No. 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.

Q.

 You forgot to mention that?

A. Yeah.

Q.

 Was that after you had a chance to talk to

your lawyers at lunchtime?

MR. LEWIS: Object.

A. Ijust--

MR. LEWIS: Don't discuss anything

that you and I might have

Page 112

talked about.

Q.

 I'm not asking about the substance of the

conversation. I'm just --Were you

reminded of it at lunchtime?

A. No, I wasn't reminded of it.

Q.

 Well, what happened with this shooting?

A. It just -- That's the first thing -- After

he drew down, he fired the weapon before

coming to approach me.

Q.

 Before who approached you?

A. Before he approached me he had already

fired the weapon.

Q.

 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?

A. Yes, sir.

Q.

 Did he give you commands?

A. He said get on the ground or something to

that effect.

Q.

 And you didn't comply with those commands.

You told me that earlier; right?

A. No, I didn't comply.

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 30 of 56
Deposition of Richard Marshall November 14, 2007

Page 113 Page 115

1 Q. So you were still standing there? 1

2 A. In the doorway, yeah. 2

3 Q. In the doorway of the car? 3

4 A. TJh-huh (positive response). 4

5 Q. Andhe fired? 5

6 A. Yeah. 6

7 Q. This was after giving you commands and you 7

8 not complying; right? 8

9 A. Yeah. He had given some kind of command. 9

10 Q. And you hadn't complied? 10

11 A. No. 11

12 Q. Where did he shoot? 12

13 A. Right out -- if I may. 13

14 Q. Sure. 14

15 A. In this general direction (indicating). 15

16 Q. We're looking at Defendant's Exhibit 2. 16

17 A. Right down past the doorway. 17

18 Q. You're making a pretty broad motion there. 18

19 A. I'm standing in the doorway, but he fired 19

20 right out from -- past the doorway in this 20

21 direction down -- 21

22 Q. Towards the front of your car or -- 22

23 A. I heard the bullet hit the ground. I heard 23

Page 114

1 the gunshot. It hit the ground somewhere 1

2 in this direction. He fired down there. 2

3 Q. Did the bullet strike the ground in front 3

4 of you or off to the side of you? 4

5 A. I can't say exactly where it struck, 5

6 gunfire. But I did hear it hit the ground 6

7 in this area right here. I heard it 7

8 Q. How many times did he shoot? 8

9 A. One shot 9

10 Q. And did you comply with his commands after 10

11 he shot at the ground? 11

12 A. I still had my hands up over the vehicle. 12

13 I asked him, why are you shooting at me, 13

14 what are you doing, and he was just still 14

15 saying, get on the ground, this or that, 15

16 get on the ground. That's when he was 16

17 walking up on me. 17

18 Q. Okay. So this man just fired a round at 18

19 your feet? This man that you know to be a 19

20 police officer and you still didn't do what 20

21 he said? 21

22 A. He fired at me, but I didn't -- like I 22

23 said, I didn't run out to jump on the 23

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.

Well, when you were arrested before, did

you do what the police told you to do?

A. Yeah.

Q. 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?

A. 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.

Q. Did any of it hit you?

A. No. Didn't no dirt or -- it didn't hit me.

Q. All right Up until the point that another

police vehicle arrived, have you told me

Page 116

eveiything that happened out there after

you were put on the side of the road?

A. 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.

Q. Let's talk about -- How many other vehicles

showed up?

A. Just one.

Q. What kind of car was it?

A. Brown Ford Crown Vic, county sheriff.

Q. It was a county sheriffs vehicle?

A. Yeah.

Q. All right. Do you know -- How many

officers showed up in that car?

A. One officer.

Q.

 Do you know the name of that officer?

A. No, I don't.

Q. Can you describe him for me?

A. Appeared to be a younger white guy, kind of

stocky build, Army cut

Q. And you were placed in the back of his car?

29 (Pages 113 to 116)

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Deposition of Richard Marshall November 14, 2007

Page 119 Page 117

A. Yes, sir. 1

Q.

 When did that occur? Was it right after he 2

arrived, or how much time passed? 3

A. Well, I'll say approximately 10 minutes, 15 4

minutes max after he arrived after they 5

figured out who was going to get in what 6

The guy placed me in the back of the county 7

sheriff car and placed Kevin in the front 8

seat of the Lincoln Town Car. And Shawn 9

Hutson drove off in my car. 10

Q.

 You watched him drive off in your car? 11

A. Uh-huh (positive response). He left first. 12

Q.

 You were still there on the scene? 13

A. Uh-huh (positive response). 14

Q: HOw long did you stay there on the scene 15

after your car was driven off? 16

A. Approximately five minutes. 17

Q.

 Did anything happen during that five 18

minutes? 19

A. No. Ijust was driven off by the county 20

deputy sheriff. 21

Q.

 Did you leave first, or did Chris leave 22

first? 23

Page 118

A. Shawn Hutson left first. 1

Q.

 Yeah. We established that. 2

A. Then I left in the deputy sheriff car. And 3

we only went halfway up 21 when they 4

stopped and got out of the car and started 5

looking for something. Shawn Hutson turned 6

around in my vehicle and came back and 7

stopped and got out with Chris West walking 8

down 21 appeared to be looking for 9

something. I was in the county sheriff 10

car. Kevin was in the Lincoln Town Car 11

behind us. 12

Q.

 All right. Where did you stop? Was it 13

before County Road 7 or after County Road 14

7? 15

A. On Highway 21 right up the road. After 16

turning on Highway 21, they stopped right 17

there and -- all three vehicles. 18

Q.

 I understand it was on Highway 21. Pm 19

just trying to figure out. Let's go back 20

and look at Defendant's Exhibit 5. About 21

where on County Road 21 did they stop and 22

look? 23

A. This would be 263 crossing.

Q. Right.

A. I would say. somewhere in here right down

from the turn on County Road -- off County

Road 7 on 21.

Q.

 Looks like you're kind of pointing -- and

correct me if I'm wrong -- about halfway

between County Road 7 and your home on

Highway 21.

A. Right off County Road 7 probably a couple

hundred feet. That's where they stopped.

Q.

 Did they find anything?

A. Not to my knowledge. I didn't see them

find anything.

Q.

 Has it come to-your attention at some point

later that they found anything?

A. It was said that he picked a baggy up

beside the road or something.

Q.

 Did you ever see the baggy?

A. No, sir.

Q.

 How long did it take them to search on the

side of Highway 21?

A. I'll say approximately 15 minutes or so.

Page 120

Q.

 Was Kevin there, too, in their car?

A. He was in the Lincoln.

Q.

 What happened after they got done

searching?

A. 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' 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.

Q.

 There at the gas station?

A. Yes, sir. They changed the flat And

Shawn Hutson, he left about 10 minutes

earlier and went up 21 in my car.

Q.

 Was your car almost out of gas?

A. Yeah. It was on E.

30 (Pages 117 to 120)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 32 of 56
Deposition of Richard Marshall November 14, 2007

Page 121 Page 123

1 Q.

 How long did that take there atthe gas 1

2 station for them to do all that? 2

3 A. I'll say approximately another 20 minutes. 3

4 Q.

 Was there any conversation with you that A

5 took place at that time? 5

6 A. No. I was in the back seat of the patrol 6

7 car the whole time. 7

8 Q.

 Nobody talked to you? 8

9 A. No, sir. 9

10 Q.

 Did anything else happen as far as 10

11 something happening to you personally while 11

12 you were there at the gas station? 12

13 A. No, sir. 13

14 Q.

 Just sat there and waited for them? 14

15 A. (Witness nods head). Yes, 15

16 Q.

 What happened after the gas station? 16

17 A. After changing the tire, Chris West got in 17

18 the Lincoln. He left first The deputy 18

19 sheriff got in and proceeded to go to the 19

20 Lowndes County Detention Facility. 20

21 Q.

 Between the gas station and the detention 21

22 facility, did you have any conversation 22

23 with the deputy? 23

Page 122

1 A. No. He didn't say anything. 1

2 Q.

 Did you hear anything on the radio? 2

3 A. No, sir. 3

4 Q.

 What happened when you got to the jail -- 4

5 excuse me -- detention facility? 5

6 A. The deputy radioed to come in through the 6

7 gate and Chris West came in also. And he 7

8 brought -- Deputy got me out of the back 8

9 seat of the car and brought us into the 9

10 facility into booking. 10

11 Q.

 Anything out of the ordinary happen from 11

12 the time you got out of the car and you got 12

13 to the booking area? 13

14 A. No. 14

15 Q.

 Did you have any conversation with the 15

16 deputy? 16

17 A. No. 17

18 Q.

 Who escorted you from the car to the 18

19 booking area? 19

20 A. The deputy. 20

21 Q.

 What happened when you got to the booking 21

22 area? 22

23 A. I think Chris West told us to stand back 23

toward the wall. The deputy was standing

over to the right by the counter. Told me

to take off-- Well, he took the cuffs

off. He told me to take off jewehy,

et cetera.

Q. Who told you to do that?

A. Chris West. Told me to take off the

jewelry. So I took the jewelry off, put it

on the counter. And at this point they was

fixing to log whatever possessions in the

booking. Chris West 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 wony about it, put him in the hole.

They put me in the hole.

Q. How much did he put on the counter?

A. $100, five twenties.

Q. Five twenties?

A. UIi-huh (positive response).

Page 124

Q.

 I take it at some point you had to have

been taken out of handcuffs, right --

A. Yes, sir.

Q.

 -- to take all your stuff off?

A. Yes, sir.

Q.

 When were you taken out of handcuffs?

A. 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.

Q.

 Who took you out of the cuffs?

A. The deputy.

Q.

 Was there anybody present in the room

besides you, the deputy, and Chris?

A. Kevin. And another lady in booking was

behind the desk.

Q.

 There was a lady in booking?

A. Uh-huh (positive response).

Q.

 What about Shawn Hutson, was he present?

A. Shawn Hutson wasn't in there.

Q.

 Where was the lady that you described being

in booking when the discussion of the money

occurred?

r

31 (Pages 121 to 124)

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 33 of 56
Deposition of Richard Marshall November 14, 2007

Page 125 Page 127

1 A. Standing right there. She was in her 1

2 desk. But when Chris came in, she got up 2

3 and Chris got in the desk and started 3

4 getting the paper or whatever. She was 4

5 standing right beside him when he put the 5

6 money on the counter and I immediately 6

7 said, man, that's not all my money, where 7

8 is the rest of my money. And the deputy 8

9 reached for it to start counting it and 9

10 Chris snatched it from him and told him, 10

11 don't wony about it, put him in the hole. 11

12 Q. Do you remember what this lady's name was? 12

13 A. I can't recall. 13

14 Q.

 Can you describe her for me? 14

15 A: I probably know her if I see her. It's 15

16 been a while. I've seen her since I've 16

17 been back up there. But I probably have to 17

18 see her. I'm not sure if it's 18

19 Ms. Cottrell. It's one of them. I don't 19

20 know who is in booking. It was around 20

21 two -- between two and 2:30 when we fmally 21

22 reached the facility that evening. From 12 22

23 that evening when the incident started, it 23

Page 126

1 was two to 2:30 when I fmally reached the 1

2 building. 2

3 Q.

 You're saying evening. 12 noon? 3

4 A. It was somewhere around 12 noon when the 4

5 incident began. When I finally arrived 5

6 there, it was somewhere between two -- 6

7 after two o'clock. 7

8 Q. P.m. or a.m.? 8

9 A. P.m. 9

10 Q. Okay. I'm just making sure. 10

11 All right. Now, you made a statement 11

12 about your money there, a verbal statement; 12

13 correct? 13

14 A. Yes, sir. 14

15 Q.

 At any time did you ever make a written 15

16 statement about your money while you were 16

17 in the jail? 17

18 A. No, sir. 18

19 Q. Did you ever file a grievance? 19

20 A. No, sir. 20

21 Q.

 Have you ever filed a report with any 21

22 police agency about your money being taken? 22

23 A. No,sir. 23

Q. Did you ever talk to the sheriff about it?

A. No, sir.

Q. Did you ask for any medical attention?

A. I did upon going to jail, but I never did

get any.

Q. 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.

Q. 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.

Q. 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.

Q. Do you know who you would have spoken to?

A. At the time it was just the jailer on duty

Page 128

in the booth, whoever was in the booth at

that time.

Q. And you don't know who that is?

A. I can't recall.

Q. Was that the only time you asked?

A. Yes. After I didn't get no reply, I just

left it alone.

Q. Was there anyone who witnessed you asking

for medical attention besides the person

you talked to in the booth?

A. Inmates.

Q. Do you recall any of their names?

A. I don't really -- didn't know anybody in

there. Just dayroom area people. I don't

know any of them.

Q.

 You didn't know any of them at the time?

A. Not the present day when I requested

medical treatment.

Q.

 Have you spoken to anybody who was an

inmate in there with you since then?

A. No.

Q.

 As you sit here today, you can't tell me

any names of any of the inmates who were in

32 (Pages 125 to 128)

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Deposition of Richard Marshall November 14, 2007

Page 129 I Page 131

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.

Q.

 Who arethey?

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.

Q.

 How long were you in the jail after being

placed in there on the 28th of June?

A. I made bond August 5th.

Q.

 How id you make bond?

A. Bail bondsman.

Q.

 Who arranged that?

A. My girlfriend and me.

Q.

 Who was your girlfriend?

A. Emestine Powell.

Q.

 Emestine?

A. Uh-huh (positive response).

Q.

 Powell?

A. Yes, sir.

Q.

 Are you still in contact with Ms. Powell?

Page 130

A. Yes.

Q. Where does she live?

A. Greenville.

Q. Have you got an address?

A. 22 Chenywood Lane. She was on my bond.

Q. Did she put up the money?

A. Half of it.

Q. Half?

A. (Witness nods head).

Q. How much was your bond?

A. Initially 10,000. 10,000.

Q. There's an allegation in your amended

complaint at paragraph 39 that an aunt

tried to do a property bond for you. Who

was that aunt?

A. Marzett Wright.

Q. Can you spell that first name for me?

A. M-A-R-Z-E-T-T.

Q. W-R-I-G-H-T?

A. Yes, sir.

Q. Where does she live?

A. Mosses Highway.

Q. Do you have an address for that?

A. Not right off the top of my head I don't

Q.

 Was it her property that she was going to

put up for you?

A. Yes, sir.

Q.

 Do you know where that property is?

A. It's in Mosses.

Q.

 Is it her residence?

A. Yeah. Brick home.

Q.

 What happened with that?

A. 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 Wednesday 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

didn't even get in contact with her

anymore. She wouldn't try to do it, I

guess.

Page 132

Q.

 That's what supposedly Sheriff Vaughner

told her?

A. Yeah. That's what she told me Sheriff

Vaughner told her. She's the county

commissioner over District 5

Q.

 Do you know what the value of her property

is there in Mosses?

A. Not exactly. I know it's a Jim Walter Home

she had purchased some years ago.

Q.

 Did she own it outright?

A. Yes, sir.

Q.

 Did you ever personally speak with Sheriff

Vaughner about your bond?

A. I requested to talk to Sheriff Vaughner but

never came through with the request But

one day he did happen to come in the back

area where I did verbally ask him why

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.

Q.

 When was that?

33 (Pages 129 to 132)

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Deposition of Richard Marshall November 14, 2007

Page 133 Page 135

A. Approximately a week after I had been in 1

there, after she told me she had did all of 2

that. 3

Q. Okay. Did you have any visitation while 4

you were in jail? 5

A. Yes. 6

Q.

 Who came to visit you? 7

A. My aunt came once to retrieve myjewehy 8

and the $100. 9

Q.

 Is that the same aunt that was going to put 10

up the house? 11

A. Shirley Marshall. It's my aunt. It's who 12

I released $99 to because I took a dollar 13

for two aspirin I took in there. She took 14

myjewehy and $99 off the book to-go 15

toward my bond. 16

(Defendant's Exhibit 12 was marked 17

for identification.) 18

Q.

 Since we're talking about that, let me show 19

you Defendant's Exhibit 12. Have you ever 20

seen Defendant's Exhibit 12 before, 21

Mr. Marshall? 22

A. Yes. I had to sign that to release my 23

Page 134

jewelry and the money.

Q. That's your signature there?

A. Yes, sir.

Q. And that's where Ms. Marshall came and

picked up your property and your $99.50 it

says?

A. Yes, sir.

Q. Anybody else besides Ms. Marshall come and

visit you? . A. Girlfriend, Ernestine.

Q. Anyone else?

A. If anyone else came, I never saw them.

Q. And you were able to make some telephone.

calls because you were telling me about

talking to your Aunt Wright.

A. Yes, sir.

Q. 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

call that day?

A. Yeah. -

Q.

 Who did you call?

A. My aunt, Shirley Marshall.

Q. Shirley Marshall?

A. Yes, sir.

Q.

 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.

Q.

 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 myjewehy

and pawn it and try to get some bail when I

get-- when I get a bond.

Q.

 What kind of telephone did you use to make

that call?

A. Phone right there on the desk.

Q. Just a regular old phone?

A. I guess the office phone they use in

booking. The phone in booking.

Q.

 Do they have phones in the detention

facility back in the dayroom areas and the

cell blocks?

Page 136

A. Yes, sir.

Q.

 Did you ever make any phone calls on those

phones?

A. Yes, sir.

Q. How does that work?

A. Got to call collect and get somebody on the

other end to accept.

Q. Andwhodidyoucallonthatphone--on

those phones?

A. In the back?

Q. Yes, sir.

A. Called Marzett Wright a couple of times. I

called my uncle. Uncle fried to post

bond. Didn't come through.

Q. Which uncle was that?

A. My father -- father's brother from New

York. Now stays in Selma.

Q.

 What's his name?

A. John -- I want to say John Cowans. Call

him Bip.

Q.

 Bip?

A. Yeah. That's all I know him from my

childhood. Just moved from New York about

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 36 of 56
Deposition of Richard Marshall November 14, 2007

Page 137 Page 139

1 three years ago. 1

2 Q.

 Anybody else? 2

3 A. I called Shirley and her daughter on 3

4 three-way. That's mostly who I was getting 4

5 to call. And I had her to call my lawyer, 5

6 Charlotte, and go to Charlotte's office for 6

7 me. 7

8 Q. Who is Shirley's daughter? You said her 8

9 daughter. 9

10 A. Cherry Marshall. 10

11 Q.

 How old is she? 11

12 A. Just estimating. I don't know. She go 12

13 along with Kevin. However old Kevin is. 13

14 I'm the oldest of all of them. However old 14

15 he is. 20-something. They're the same 15

16 age. 16

17 Q. Did anything happen to you while you were 17

18 there at the detention facility? 18

19 A. Nothing physical, no. 19

20 Q. And you said you were there until the 5th 20

21 of August; is that right? 21

22 A. Yes, sir. 22

23 Q. And you were released on bond? 23

Page 138

1 A. Yes, sir. 1

2 Q. You didn't miss any work while you were in 2

3 the jail; right? 3

4 A. I wasn't working at the time. 4

5 Q. So you didn't miss any work? 5

6 A. No. 6

7 Q. What happened after you got out ofjail? 7

8 A. Started trying to get a lawyer to see what 8

was going on with the charges. 9

10 Q. What charges did you have as a result of 10

11 the June 28th incident? 11

12 A. Pistol carrying without a permit and 12

13 possession of a controlled substance. 13

14 Q.

 What was the controlled substance? 14

15 A. I don't know. That's all they told me, 15

16 possession of a controlled substance. 16

17 Q. They never told you what it was? 17

18 A. No, sir. 18

19 Q. Did you ever have to go to trial on those 19

20 charges? 20

21 A. Yes, sir. 21

22 Q. What happened at trial? 22

23 A. I came to trial with my lawyer. They 23

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.

Q.

 That Chris West was throwing it out?

A. That's who she was in the corner and, you

know, had a little mediation with and came

back to me.

Q. Did you ever learn why it was thrown out?

A. No. I ain't ever known. No. She just

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.

Q. Was there any damage to your vehicle?

A. Yeah. Knocked out of alignment Pipes was

hanging down.

Q. What kind of pipes?

A. Exhaust. Exhaust pipe was rattling. Rear

bumper bent

Page 140

Q. Can you show me where on the pictures?

A. 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, it just drive like

it wasn't the same car no more.

Q. Looks like when you were describing where

he hit you it was the -- was it the back --

A. Yeah. It was pushed up.

Q. 

-- driver's sid&right underneath the

taillight there?

A. 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.

Q. Where was the impound at?

A. Randy's Impound in Ft. Deposit.

Q. Did you ever get any money out of them or

any redress for what happened to your car?

A. They told me to call Chris West.

Q.

 What all was taken out of the car?

A. Stereo from the inside, all speakers,

woofers and amps out of the trunk, CDs,

35 (Pages 137 to 140)

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Deposition of Richard Marshall November 14, 2007

Page 141 Page 143

et cetera. 1

Q. Anything else? 2

A. That's it. 3

Q. What happened to the gun? 4

A. I don't even know. All I know they stopped 5

the case. I don't know anything else about 6

it. 7

Q.

 Did they drop the charge on that too? 8

A. Yes. 9

Q.

 Has Mr. McWilliams ever come to you and 10

asked for his gun back? 11

A. He asked me what happened to it. I told 12

him it was in the car that day and as far 13

as I know the police got it. 14

Q.

 How many times have y'all talked about that 15

gun? 16

A. I've seen him on two or three occasions in 17

the past two years since the incident and 18

he asked me about whatever happened to his 19

gun and I told him as far as I know the 20

police got it. 21

Q.

 Well, has he blamed you for losing his gun? 22

A. I mean, he knows what happened that day. 23

Page 142

He ain't really pointing no blame. He just

asked me was it -- what happened, can he

go-- canhepickitup. Itoldhiml

don't know. I went to court and they

tossed it is all I know.

Do you know if he's ever tried to get it

back?

A. I don't.

Q. When's the last tim you talked to him?

A. I would have to say a couple months ago.

Probably a couple months ago last incident.

Q. Did he ask you about the gun then?

A. Yeah.

Q. I'm sorry?

A. Yes, sir.

Q. Do you know who the prosecutor was in your

case?

A. I really don't even know.

Q. Other than, 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

Highway 21?

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.

Q.

 You're talking about after y'all came to a

stop on 21?

A. Yeah. After we came to a stop it was some

vehicles started passing by.

Q. Did you recognize 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 around 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.

Q.

 What's her name?

Page 144

A. Margaret, Margaret Wright.

Q. Margaret Wright?

A. Yes, sir.

Q.

 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. It's

right down the road from the residence

where I was residing at the time.

Q.

 Which way?

A. Approximately this far from where I'm at.

It's a caution light there.

Q.

 She lives down by the caution light past

your house going out towards Wilcox County?

A. Yeah.

Q. Any other vehicles that you recognized pass

by that day?

A. I didn't recognize any other vehicle.

Q.

 Has anyone come up to you and said they

witnessed your vehicle being knocked off

the road?

A. No, sir.

Q.

 Do you know of anyone who has claimed to

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 38 of 56
Deposition of Richard Marshall November 14, 2007

Page 145 Page 147

1 have witnessed that?

2 A. No, sir.

3 Q. And, again, I'm excluding Kevin because I

4 know he was involved.

5 Anyone besides Margaret Wright that

6 you're aware of who witnessed what happened

7 after you were stopped there at the side of

8 the road?

9 A. No, sir.

10 Q. Is there anyone else besides you who can

11 testify about the $500 that you supposedly

12 had on you that day?

13 A. As far as I know Kevin. No one else.

14 Q. How would Kevin know that you had $500 on

15 you that day?

16 A. Because the motor we was pulling out for

17 one I had took small -- a payment on from

18 my cousin. I had sold him the engine. We

19 was pulling the engine out of his car to

20 put the engine that I sold him in.

21 Q.

 You had already collected payment for that?

22 A. He had gave me like $50 toward it. But he

23 still owed me the balance after we get the

Page 146

1 car back running. We was pulling the dead

2 engine out. But I had sold him an engine,

3 but we hadn't ever got a chance to put it

4 m.

5 Q. So that money that you had that day $50 of

6 it was from him. And who is he? What's

7 his name again?

8 A. That would be Herman. His name is Herman,

9 the one that owned the car.

10 Q.

 $50 from Herman and the other $450 was left

11 over from your gambling winnings. Is that

12 what your testimony is?

13 A. The $50 he had previously given me -- I had

14 money that I saved. It may have been the

15 $50. But I had $1,000 from gambling, you

16 know. That's what was left over from

17 everything, you know.

18 Q.

 So explain to me again how the $50 for the

19 engine ties in with Kevin knowing that you

20 had $500 on you.

21 A Because during the time that Herman came to

22 purchase the engine, he gave me $50 toward

23 it Kevin would see that I reached in my

1 pocket and had more than $50 in my pocket.

2 He was staying with me at the time.

3 Q. So he just knows that you had more than $50

4 on you?

5 A. Yes, sir.

6 Q.

 Is that what you're telling me?

7 A. Yeah.

8 Q. To your knowledge, does he know exactly how

9 much you had, on you?

10 A. No. I don't think he knows exact amount.

11 He just knows I had more than that.

12 Q. What damages are you claiming that you're

13 entitled to as a result of Chris West's

14 conduct?

15 A. Well, for one I can't seem to acquire

1 employment since this incident. in my

17 field of warehousing every time I apply for

18 ajob I'm being turned down since the

19 incident happened. And I usually acquire

20 employment very rapidly. I claim the

21 damage to my vehicle that I have lost, my

22 possessions, lost bond money, loss of time

23 of suffering in jail for something I didn't

Page 148

1 have.

2 Q.

 Let me stop you there real quick. Didn't

3 you tell methat your girlfriend put up the

4 bond money?

5 A. She put up half of it. The rest of it was

6 mine.

7 Q.

 Howmuchdidyouputup?

8 A. Iputuplike450--

9 Q. $450?

10 A. -- that I recovered from pawning my jewelry

11 and the money left over that I had on the

12 book. She put up the rest.

13 Q. I'm sony. I interrupted you. The bond

14 money and what else?

15 A. Like I said, my vehicle damages I lost

16 there. And just me sitting injail for

17 ... something I didn't do. I mean, it's just

18 unfair.

19 Q. You haven't had any medical expenses;

20 right?

21 A. No,sir.

22 Q.

 And you weren't employed at the time?

23 A. No, sir.

37 (Pages 145 to 148)

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Deposition of Richard Marshall November 14, 2007

Page 149 Page 151

Q. You told me that you still have the knot on 1

your head. Are there any other permanent 2

conditions that you have as far as your 3

body goes as a result of what happened on 4

June 28th? 5

A. Just that -- Just a lot of mental anguish, 6

just suffering, anxiety attacks. A lot of 7

nights I can't sleep at night fOr being 8

shot at I already been robbed. It took 9

me a while to get over that I had a gun 10

put in my face behind that It took me a 11

while to get over that 12

Q.

 I'm not asking about your mental condition 13

right now. I'm just asking about your body 14

condition. Anything besides the knot on 15

your head? 16

A. Oh, no. Just that knot left when I hit the 17

steering wheel, as far as that. 18

Q.

 Describe your mental anguish for me that 19

you're talking about. 20

A. I just -- I just have a lot of nights where 21

I can't sleep, just anxiety attacks a lot 22

about the whole ordeal and -- 23

Page 150

Q.

 Describe an anxiety attack for me. 1

A. Just nightmares of being shot at and ran 2

off the road by the police and being 3

• suspect every time I'm being sighted in 4

Lowndes County by the police. I'm getting 5

strange looks. Or stopped like the 6

incident where I went to jail. It was 7

supposed to be a traffic stop, but they 8

c1led Shawn Hutson who was on the drug 9

task force that day. Every time they lay 10

eyes on me they harass me about stuff like 11

that even though I just -- I don't 12

understand. 13

Q.

 Have you seen Chris West again since that 14

day? 15

A. I haven't seen Chris West since I went to 16

court in January '06. 17

Q.

 So that's the only time you saw him? 18

A. Uh-huh (positive response). 19

Q.

 So he hasn't pulled you over since then; 20

right? 21

A. No. I haven't seen him. 22

MR WILFORD: Let's take a short 23

break.

(Brief recess was taken.)

Q.

 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 straits. I

can't afford anything. I haven't seeked

any professional help for it. I've just

been trying to deal with the stress, you

know. Somehow I hope it goes away over

time.

Q.

 You say you haven't tried. Your

interrogatory responses you told us you

couldn't afford it. I'm just asking you if

you've tried.

A. No, sir, I haven't.

Q.

 Has anybody recommended to you that you fry

to get some mental health treatment?

A. I haven't referred to anybody. It's all on

my own.

Q.

 After the robbery that you described for us

Page 152

today, did you get any mental health

treatment for that?

A. No, sir.

Q.

 Didyoutry?

A. No, sir.

Q.

 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 among 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.

Q.

 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 some people, you

know, I'm fairly being compromised. I kind

of cope with it

Q.

 You told me earlier -- I need to go back on

you a little more when you were first

brought into booking. Chris West said

38 (Pages 149 to 152)

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Deposition of Richard Marshall November 14, 2007

Page 153 Page 155

something about put him in the hole.

A. Yes, sir.

Q. Were you put in a hole?

A. The holding cell up front. That's what I

meant.

Q. So you were placed in the holding cell?

A. Yes, sir.

Q. 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.

Q. So you stayed in a holding cell for a few

hours?

A. Yes, sir.

Q.

 Isthatfairto say?

A. Yes, sir.

Q.

 I think that's all I have. Thank you very

much.

A. Thanks.

EXAMINATION

BY MR. LEWIS:

Q. I have one question. When you're standing

up there on the side of the road in your

REPORTER'S CERTIFICATE

STATE OF ALABAMA:

MONTGOMERY COUNTY:

I, Lyn Daugherty, Certified Shorthand

Reporter and Commissioner for the State of Alabama

at Large, do hereby certify that I reported the

deposition of:

RICHARD MARSHALL

who was duly sworn by me to speak the truth, the

whole truth and nothing but the truth, in the

matter of:

RICHARD MARSHALL,

Plaintiff,

vs.

CHRIS WEST, in his individual

capacity, LASHUN HUTSON, in his

individual capacity,

Defendants.

IN THE UMTED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

Civil Action No. 2:06-cv-701-ID.CSC

on Wednesday, November 14, 2007.

Page 154

boxer shorts, how were you feeling then?

A. Humiliated because traffic was coming along

and people seeing me beside the road in

cuffs in my underwear.

MR. LEWIS: Okay. That's it.

(Deposition was concluded at

approximately 1:55 p.m.)

FURTHER DEPONENT SAITH NOT

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

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 certify that I am neither of kin

nor of counsel to the parties to said cause nor in

any manner interested in the results thereof.

This 13th day of December 2007.

Lyn Daugherty, ACCR #66

13 Expiration Date: 9-30-2008

Certified Court Reporter

14 And Commissioner for the

State of Alabama at Large

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39 (Pages 153 to 156)

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Deposition of Richard Marshall November 14, 2007

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 43 of 56
Deposition of Richard Marshall November 14, 2007

Page 2

based 45:19

basically 5:23 9:4

75:10 85:11

bath 26:8

beat 100:11,21

became 88:2 1 104:21

before 1:16 4:6 6:1

11:23 17:9 20:20

26:6 3 1:2,3,6,7 40:1

42:4,8 46:15,17

53:10 58:8 59:2,18

60:17 67:17 68:11

70:16 89:1 100:12,22

104:8 109:10 111:1,3

112:8,10,11 115:1,5

115:14 118:14

133:21 139:16

began 27:13 126:5

begun 65:6

behind 43:20 48:22

49:13 52:18 57:13

60:2,6 63:21 90:10

118:12 124:8,16

149:11

being 24:14 35:14 60:1

79:3 91:22 98:17

103:4 110:20 111:5

124:2 1 126:22

127:11 129:10

144:20 147:18 149:8

150:2,3,4 152:19

believe 32:12 45:4

belongings 124:10

belongs 30:16

belt 18:7 28:22 71:12

92:9,14 97:19 101:9

101:10

belts 28:20 61:23 62:1

Bend 144:6

bent 139:23 140:2

beside 44:8 48:11 53:1

55:20 60:16 63:20

107:8 116:3 119:18

125:5 143:12,19

154:3

besides 17:16 28:12

45:7 55:1 74:10

89:10 111:5 124:14

128:9 134:8 145:5,10

149: 15

best 3 7:20

between 4:3,17 5:1

21:1 26:5 27:11 60:5

61:17,18 62:8 68:18

70:12 72:18 74:7

91:14 111:8 119:8

121:21 125:21 126:6

big 12: 19,21 13:3,14

56:12 76:12,13,14

82:10 99:18 105:6

bifi 123:13

bffls33:l7,18 108:6

Bioxi 34:5,7,16

Bip 136:20,21

birth 9:11

bit 38:20 53:16 84:18

black 44:9,9 56:10,11

59:19,19,22 62:3

92:11

blame 142:1

blamed 141:22

blasting 46:4

blew 131:15

blocks 135:23

blue 27:17 41:20,23

49:8,9 59:14 66:15

bluff 70:19,20 72:2,2

body 102:21 149:4,14

bogus 20:23

bond 129:4,12,13 130:5

130:10,14 131:17

132:13,18 133:16

135:14 136:14

137:23 147:22 148:4

148: 13

bondsman 129:14

book 133:15 148:12

booking 122:10,13,19

122:21 123:11 124:8

124:15,17,22 125:20

135:20,20 152:23

books 31:1

booth 128:1,1,10

born 9:16,20

both 58:23 82:23 83:18

91:6 109:20 110:5

box 2:10 15:16,18 32:4

32:6,16

boxer 154:1

boxers 101:11 143:13

boys 15:22

Braggs 38:15 77:2,3

brake 52:6

brakes 39:18 40:2 1

41:9 43 :5,15 44:3

brand 56:7

break 7:13,16 65:2

73:14 109:10 151:1

breath 103:17

breathe 102: 1,18

103:12

BRichi 82:15

BRich2 82:15

BRich3 81:18

Brick 131:8

bridge 76:9,17

bridges 75:16

brief 18:1 46:10 52:6

58:7 65:4 66:2,22

15 1:2

Briefly 14:9

bring 106:11

broad 113:18

broke 65:5 101:14

140: 15

Brooks 47:2 1

brother 136:16

brought 122:8,9

134:20 152:23

Brown 116:12

build 116:22

building 126:2

buildings 75:5

built 75:4

Bullard 129:6

bullet 32:13 113:23

114:3

bullets 32:1,3,4,7,16,23

62:21

bumped 69:12,20

127:9

bumper 49:7 53:15,15

54:1,3 64:13,14,23

65:17 67:23 68:8,18

68:21 69:5,9,21

70:18 139:23 140:2

bunch 39:20 108:3

burglarized 140:12

business 13:16,21

bust 101:15

busted 99:22

Butler 17:11 22:14,15

22:16

butt 74:18,20,22

button 99:23 101:15

127: 14

caliber 107:3

call 9:18 19:8 73:11

74:1,3,5 110:11

132:21 134:22 135:1

135:16 136:6,8,19

137:5,5 140:20

called 33:4 75:13

109:22 110:4,5,6,20

111:5 136:12,13

137:3 139:1,2 150:9

calling 72:19 82:9

110:9

calls 134:14,17 136:2

came 8:2 19:12 21:5

30:22 37:2 43:23

52:11 54:6,8,9 68:11

70:5,23 72:7 73:15

79:1,2,23 80:15

88:13,17,22 89:3,17

92:4,23 94:2 1 96:20

104:17,18 106:9,11

107:1 111:2,3 118:7

120:5 122:7 125:2

132:15 133:7,8 134:4

134:12 138:23 139:7

143:6,8,19 146:21

capacity 1:9,9 155:16

155: 17

car 24:10,12,13 27:8,22

28:1,8,9,12,20 29:3

29:10,14 30:12,19,21

31:5 32:17 39:16,22

40:1,20,21 41:1

43:12 44:3 45:7,10

45:12 47:4 48:9

49:11 55:19 56:1

63:14 64:2;7,9,11,12

65:8,10 66:2 67:1,14

69:19 70:12,16,22

71:2,21 72:2,11

78:18 79:1,2,12,15

80:15,20 8 1:6,15

83:7,10,14 84:15,19

85:16 86:4,8,19,21

88:17,23 90:20,21

91:1 94:4,16,19,22

95:4,9,2 1 96:6,11

97:21,23 98:22 99:8

99:14,16,20 100:3,8

100: 10, 15,18, 19,2 1

101:18,22,23 102:3,6

102:7,8,12,16,20

103:7,12,13,23 104:2

104:5,8,9,14 105:19

106:2,17,20,22 107:9

108:8,9 110:17

112:14 113:3,22

115:10,15 116:7,11

116:16,23 117:8,9,10

117:11,16 118:3,5,11

118:11 120:1,6,15,16

120:21,22 121:7

122:9,12,18 140:6,19

140:21 141:13

142:20 143:18

145:19 146:1,9

Carmichael 8:3,10,15

24:5 27:10

carpet 107:19,21,23

carrying 36:3 138:12

cars 43:20 55:23 56:1

81:10 100:6

case 4:18,20 5:18,19

7:14 8:7,11 9:2 39:13

141:6 142:17

casino 34:4,5,7 35:9

casinos 34:2

catch 47:12

caught 12:12

cause 156:7

caution 51:15 52:6

76:12 77:1,19,20,23

78:5 144:12,13

CDs 140:23

cell 73:7,20 110:11

135:23 153:4,6,11,12

cement 13:9

center 64:17,20 65:17

68:1

centered 36:23

Central 14:5

certain 33:7 42:3 62:9

127:20

CERTIFICATE 155:1

Certified 1:17 4:7

155:4 156:13

certify 155:6 156:6

cetera 123:5 141:1

chance 18:2,15 28:7

52:21 58:11 60:7

111:18 127:17 146:3

changed 15:15 120:15

120: 19

changing 121:17

charge 18:23 20:21

21:6 141:8

charges 19:1 20:22,23

138:9,10,20

Charles 24:8 26:22

Charlotte 137:6

Charlotte's 13 7:6

chase 142:21

cheap 105:7

check 34:9 109:19

Cherry 137:10

Cherrywood 130:5

Chevrolet 27:20

child 35:14

childhood 136:23

children 15:19,2 1

2 1:12

choke 102:14

choked 101:19 102:1,4

103:5

chokehold 103:2

choking 103:6,8,9

Chris 1:8 5:20 42:4,12

42:13,16 45:5,21

54:16 59:5 83:20,23

84:9,12,14 85:8,11

85:15,19 86:1,3

87:19 88:4 89:1,5,8

89:15,17 92:3,18

95:20 98:18,22 99:4

99:10 105:12 106:20

106:23 107:6 111:13

117:22 118:8 120:5

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 44 of 56
Deposition of Richard Marshall November 14, 2007

Page 3

120:11,16 121:17 completely 6:17 112:14 22:20,23 26:15,16,18 Daugherty 1:17 4:6 describe 27:15 44:1,20

122:7,23 123:7,11,16 complied 113:10 36:9,13,15,23 37:3,5 155:4 156:12 56:5,6 62:7 63:17

124:8,14 125:2,3,10 complies 38:5,9,22 37:9,10,13,14,21,21 daughter 137:3,8,9 78:9 90:1 95:1 102:4

139:1,5 140:20 39:2 37:23 38:3,4 39:7,9,9 David 11:21 103:3 116:20 125:14

143:16 147:13 comply 112:21,23 39:15 40:9,13 41:14 day 18:20 23:11,15,21 149:19 150:1

150:14,16 152:23 114:10 48:10 53:12,22 73:14 25:8,19,23 26:2 27:6 described 60:6 81:7

155:15 complying 113:8 74:11,13,23 75:9,14 28:22 29:14,19 30:12 124:21 151:23

church 16:15,17,17 compromised 152:19 75:16,23 76:5 78:7 30:20 33:13 36:7 describing 76:4 79:17

75:17,19,22 computer-printed 78:11 116:12,13 42:5,8 58:17 73:7 140:7

churches 75:12 76:18 156:1 117:7,20 118:10,14 77:8 101:5 108:2,8 desk 124:9,16 125:2,3

cigarette 74:18,20,22 concealed 33:8,10 118:14,22 119:4,4,8 128:17 132:16,22 135:17

city2O:2,3,422:9,16,19 106:5 119:10 121:20 132:4 134:22 139:13 detail 37:7

Civil 1:7 4:5 155:22 concluded 154:6 142:22 144:14 150:5 141:13,23 144:17 detention 121:20,21

claim 147:20 concrete 13:10 155:3 145:12,15 146:5 122:5 134:20 135:21

clahned 143:2 144:23 condition 149:13,15 couple 6:12 13:23 150:10,15 156:9 137:18

claiming 147:12 conditioning 45:12,14 77:16,18,21 79:7 dayroom 128:14 deteriorating 32:6

clainisl42:21 conditions 149:3 88:598:11,11 119:10 135:22 different77:23

-clarify 35:21 conduct 147:14 124:7 136:12 142:1-0 days 18:14,22 31:9 difficult 6:15

clear36:19 confrontation9l:14 142:11 32:20 dire 151:8

clearing 72:5 confused 84:18 course 142:19 daze 71:2 80:17 83:13 direction 37:23 41:18

clearly9l:492:2 contactlO:1965:8,14 courtl:1,176:4,11,23 90:22 41:1972:9,1377:5,8

Clements 2:3 67:13 68:11 80:11,12 66:19 139:17 142:4 dead 146:1 79:21 93:17,18 94:7

close 16:4 61:12 68:21 129:23 131:21 150:17 155:19 deal 151:11 152:8,10 111:15 113:15,21

90:5 contactedl3l:12 156:13 Decemberl2:8,9,17 114:2115:13

closed 99:15 contain 156:2 courteous 50:5 156:9 dirt 77:13 115:17,21

collect 136:6 contained 29:18 cousin 8:16,17 88:12 decent 34:1 dirty 88:6

collected 145:21 continued 2:23 67:3 145:18 deep 70:20 disclosure 9:4

college 14:8,16 Continuing 109:9 cousins 24:4,7 defend 73:5 disclosures 58:14

color2O:6 contract 12:13 13:19 cousin's24:13 defendant2:7,20 17:4 discuss 111:22

come 33:20 37:1349:1 Contract's 12:6 cover 6:3 defendants 1:10 5:17 discussion 124:22

65:7 67:13 81:3 82:7 control 64:7,10,23 Cowans 136:19 5:19 27:13 39:13 dismissed 18:23 20:22

94:19 96:22 100:19 65:11 66:2,23 68:22 crawled 102:19 155:18 47:23

119:15 122:6 132:16 68:23 69:22 71:20 crossing 119:1 Defendants 17:18,21 dispatch 110:13,15

134:8 135:7,12,12 controlled 138:13,14 crotch 101:17 28:3,6,10 29:5,8,10 distant 143:13

136:14 139:12 138:16 Crown 116:12 30:7 31:17,20 32:11 distinguishing4o:3

141:10 144:19 conversation 6:22 cuffed 90:10 92:21 36:17,20 58:1,4,5 district 1:1,2 16:9

coming 36:10 37:8,22 42:21 107:5 112:3 93:4,12 95:18 61:3,5 78:23 79:5,9 132:5 155:19,20

41:5 43:20 47:6 121:4,22 122:15 cuffs 88:23 93:2 95:23 79:16 81:4,14 86:21 ditch70:3

51:18 53:3 55:23 convicted 48:1 101:19 105:1,13,14 91:5 93:11,14 94:5 dive 40:22

56:1 75:13 90:17 cop 20:2 123:3 124:10,11 94:11 95:12 104:1,4 DIVISION 1:3 155:21

1OQ:6 102:12 112:9 cope 152:20 127:11 154:4 107:11,14,17 108:12 divorce 10:12,16

124:7 154:2 copy 38:21 currently 21:8 108:16,18,21 113:16 dizzy 86:8

command 86:4 113:9 corner 139:2,6 Curtis 12:16 118:21 133:17,20,21 docket 139:1

commanded 86:7 correct 19:18 22:23 cut 14:10 82:19 103:6 demanded 47:2 doctor 127:11,21

commanding 89:4 28:14,15 30:8 50:21 103:17 116:22 denomination 33:17 document 58:8,12

91:18 67:2081:15119:7 cuttingl3:20 departmentl9:20 documents8:199:3,9

commands 83:15 91:19 126:13 156:2 Cuz 57:3 22:17 89:12 doing 6:5 44:13,17

91:22 112:18,21 corrective 70:12 depict29:13 79:2 49:11 54:17 57:2

113:7114:10 correctly34:22 D DEPONENT 154:11 60:13,1466:6,12,14

commencing 1:21 Cottrell 125:19 DA47:20 Deposit 140:17 73:2 87:15 88:11,16

comment 105:5 counsel 4:3,17 156:3,7 damage 139:18 147:21 deposition 1:15 4:4,6 88:19,21 92:2 96:7

comments 105:3 count 123:16 damages 147:12 4:13,18 5:2 6:1 7:23 100:1,7,7,16 101:20

coniinission4:9 counter 123:2,9,12,20 148:15 8:20,23 9:1 154:6 102:5,10 106:7,8,21

commissionerl:184:7 125:6 dark3l:2 155:7 110:14114:14

132:5 155:5 156:14 counting 125:9 dark-colored 20:8,8 deputy 109:23 117:21 143:16,16

Community 77:4 Country 120:9 39:15,22 40:10 41:15 118:3 120:11,17 dollar 133:13

complaint46:13 county 5:21 9:17 15:1,8 Darrell 24:8 26:22 121:18,23 122:6,8,16 done 26:23 99:10,11

130:13 16:3 17:11 19:23 Daryl2:8 5:15 122:20 123:1,15 120:3 151:4

complete 52:11 106:1 20:3,4,922:11,14,15 date 9:11 156:13 124:12,14 125:8 door 15:4,13 71:2 80:6

a.

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 45 of 56
Deposition of Richard Marshall November 14, 2007

Page 4

80:22 83:12 84:4,5

84:17 86:9 87:8 90:3

9 1:2,3,7,8,12 93:20

93:22,22,23 95:5,7,7

95:21,21,23 99:14,14

115: 14

doorway 80:7 91:16

113:2,3,17,19,20

dot 37:19

down 6:6,16 7:1 21:2

36:13 39:7,18 45:10

45:11 48:10 50:2

52:22 61:17,18 62:7

63:4 64:7 67:4,5,6

78:3,4,5 79:21 80:2,7

80:19 81:5,12 84:16

89:10 90:7,15 92:4

97:15 98:16 104:23

105:12 111:14 112:8

113:17,21 114:2

118:9 119:3 139:20

143:14,18,20 144:6,8

144:13 147:18

draw 23:10 37:18 38:2

drawed 88:17 111:14

drawing 33:2 1

drawn 71:4 80:8,20

81:8 82:23 83:1

84:11 90:4 91:18

92:1

dressed 25:21 153:10

drew8l:1292:3 112:8

drink 7:14 25:5 29:23

30:1,3 120:13

drive 1:20 2:10 67:3,16

117:11 140:5

driven 117:16,20

driver 39:17 40:18,19

41:8 44:18 45:21

61:12

driver's 64:22 69:2 1

84:5 85:17 91:7,8

115:14 140:10

driveway 31:4

driving 39:19 41:3 44:5

45:5 46:4 48:14

53:21 54:11,23 55:5

55:21 56:23 57:8

61:1 74:6 84:9,10,12

85: 12,13

drop 141:8

dropped 20:21 21:5

drove 66:6 117:10

drug 23:6 43:2 150:9

drugs 25:8,10,11

drunk 40:18,19 41:8

drunken 39:17

DTF2O:1 89:11

duly 5:6 155:9

during 3 3:23 34:2 46:4

63:1,10 104:13 111:4

111:6 117:18 146:21

Dutch 144:6

duty 127:23

D.0 30:16,17

E

E 120:23

each 6:14 35:3 41:18

41:19 51:23 52:2

64:1 65:14

earlier 31:9 84:8 93:3

112:22 120:21

152:21

Early 23:23

eased 88:8 90:4

eat 24:19 25:2 109:7

effect 73:3 87:16 92:13

112:20 131:18

eight 24:18

either 4: 14,20 17:3

22:1 50:14 51:20

59:17 105:7

Eley 1:19 2:9

Elks 16:21

Ellen 47:20

embankment 78:20

employed 11:12 23:18

148:22

employment 147:16,20

emptied 30:4

encounter 27:12

encountered 41:14

end 7:18 12:12 13:15

35:11 63:23 115:15

136:7

ended 35:14 72:5

enforcement 42:18

engine 26:23 145:18,19

145:20 146:2,2,19,22

enough 37:7 47:2 1 90:5

103:17

entire 73:22 74:7

entitled 147:13

equipment 92:9 140:13

equipped 28:20

Ernestine 129:18,19

134: 10

escorted 122:18

established 118:2

estimate 68:3,7 73:18

estimating 137:12

et 123:5 141:1

even 31:2 33:3 40:6

48:9 96:9 100:10,22

107:23 127:19

131:21 141:5 142:18

150: 12

evening 125:22,23

126:3

ever 6:1 8:10 10:3

13:16 14:8 17:2,9

23:5,8 33:10 40:1

42:4,7 47:12,19

57:17 58:8 73:4

90:19 119:19 126:15

126:19,21 127:1

132:12 133:20 136:2

138:19 139:9,10

140:18 141:10 142:6

146:3

every 147:17 150:4,10

Everybody 152:13

everything 6:6 63:16

98:7 116:1 146:17

evidence 4:13 47:21

exact 147:10

exactly 7:4 20:4 33:15

34:13 49:23 103:4

114:5 132:8 147:8

examination 2:14 5:9

153:20 156:3

excluding 145:3

excuse 5:18 122:5

Exhaust 139:22,22

Exhibit 2:19 17:18,21

28:3,6,10 29:5,8,10

30:7 31:17,20 36:17

36:21 58:1,4,6 79:1

81:14 93:11 107:11

107:14,17 108:12,16

113:16 118:21

133: 17,20,21

Exhibits 79:5 108:18

exit38:16,18

expecting 7:8

expenses 148:19

Expiration 156:13

explain 35:5 146:18

extent 47:18

eye 71:9

eyes5s:20 80:18

150:11

F

face 90:7 149:11

facility 121:20,22

122:5,10 125:22

134:21 135:22

137:18

facing 72:6 94:1

fair 61:11 153:15

fairly 16:4 29:13 34:1

61:12 70:5 152:19

fall 69:2

fallen 69:10

false 21:2

far 25:17 31:15 69:2,3

77:15 78:15 92:8

98:14 121:10 141:13

141:20 144:11

145:13 149:3,18

Farmersville 5:21 9:17

14:20 16:19 25:13

37:9,12,20 39:4

fast 48:14 53:6,18 64:4

65:19 68:3,6,14,15

70:16

faster 68:7

father 136:16

father's 136:16

features 40:3

Federal 4:5

feel 87:10 152:13

feellng 154: 1

feet 90:6,6 114:19

119:11

fell 68:23 69:11

felt 65:23 69:1

few 6:3 151:3 153:12

field 147:17

figure 118:20

figured 117:6

file 10:16 126:19

filed 35:10,13 126:2 1

filing 4:18,22

fill 127:15,18

fmalized 10:12,2 1

fmally 125:2 1 126:1,5

fmd 104:19 119: 12,14

finished 26:5

fmisher 13:9

fire 111:14 115:4

fired 112:8,12 113:5,19

114:2,18,22

flrst5:6 6:13 16:19

17:6 19:7,9 20:15

36:5,8 39:12,16

40:12 44:10 49:16,18

50:3 65:9,15,20,22

67:1 68:4,19,20

69:12,14 72:18 74:8

97:20 104:21 112:7

117:12,22,23 118:1

121:18 127:6 130:17

131:13 152:22

fit 32:10 101:8,8

five 73:19,22 103:20,22

106:19 108:3 117:17

117:18 123:13,21,22

fixing 123:10

flag 44: 10, 12

flashing 100: 12,22

flask 29:16

flat4l:3 120: 14,14,16

120: 19

ifip 64:9

focused 88:10

focusing 88:3,16 9 1:23

92:16 99:3

folded 36:4

followed 52:19

following 18:16 69:20

follows 5:8

foot 90:7,9

foot-swept 92:20 93:1

93:15

force 43:3 150:10

forced 10 1:17

Ford 116:12

foregoing 156:1

forgot 18:7 111:12,16

Forklift 13:4,5

form 4:10

formality 4:9

forth 97:4

found 14:10 105:16

106:14 119:16

four 3 1:9,16 32:19

100:11

four-lane 52:1

Fred 2:3

friend 15:6,9 30:18

from 9:4 14:2,4 19:21

25:17 31:15 32:5

33:20,22 35:9 36:10

37:8,19,22 38:17

39:9 42:19 43:13,14

47:20 66:3 71:10,15

72:8 73:13,19 75:10

76:14 77:1,20 78:4

78: 12, 13,13, 14, 15

82:7 92:3,18,23,23

93:8,20,23 95:1

113:20 119:4 122:11

122:18 125:10,22

127:10 131:10

135:11 136:16,22,23

140:22 142:2 1

143:14 144:8,11

145:17 146:6,10,11

146:15,16 148:10

front 29:9,14 40:4

65:16 79:22 91:7,12

93:22 94:8,13 96:12

96:14 102:22 103:5

106:4 113:22 114:3

115:10,14 117:8

153:4

Ft 140:17

fuck 50:1

full 47:18 102:14 103:2

further 4:16,23 78:3

154:11 156:6

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 46 of 56
Deposition of Richard Marshall November 14, 2007

Page 5

G

Gained 82:8

gambler 35:6

gambling 34:1 146:11

146:15

Gaming 34:5

Gary 2:8 5:14

gas 76:22 77:6,11

120: 10,10,18,22

121:1,12,16,21

gate 122:7

gave 9:6 17:10 58:16

102:18 103:10

145:22 146:22

general 94:7 113:15

generally 115:9

gesture 56:17

gesturing 55:4 56:19

84:2 1

getting 49:2 74:5 87:10

125:4 137:4 150:5

girlfriend 129:16,17

134:10 148:3

give 6:18 7:8 16:8

17:21 30:20 31:1,8

37:1758:475:6

91:19 112:18 131:14

132:20

given 6:1 91:22 113:9

146: 13

giving 45:3,23 113:7

glance 44:11 46:11

49:6,12,13,18 54:22

54:23 55:19 66:11

69:7

glanced 50:17 54:10

55:20 56:14

glancing 60:23

glass 140:15

go 6:17 13:8 16:15

24:16 26:8,22 27:3

30:23 35:2 1 38:3,6

51:12 52:7 68:4

85:14 93:10 97:14

118:20 120:6 121:19

127:17 133:15 137:6

137:12 138:19 139:4

142:3 143:17 152:21

goes 37:21 149:4

151: 12

going 6:8,9 15:14 17:20

26:7,9 27:6 29:7

36:13,19,20 38:13

45:18 48:10,12 50:5

50:11 51:1,3 52:14

52:22 53:6,12 55:11

56:17 57:1,6,11,22

59:3,5 61:2 62:13

64:4,5 65:2,19,21

66:5 68:4,6,14,15

70:8,15 72:15 77:2,3

77:8 79:7,9 86:10,16

86:17 87:7,15 91:5,9

91:15 96:7 98:12,13

98:16 100:3,4 102:11

102:16,17 104:15

107:13 10&20 117:6

127:4 131:2,17,19

133:10 135:11 138:9

144: 14

good 6:15 9:14 12:4

35:20 36:11 38:6

59:4 73:13 80:9 92:5

gotten 83:8,9

grabbed 90:5 95:3 96:5

99:19 102:13

graduate 14:2,4,6

grandmother 15:4

grandmother's 15:12

grass 110:7 115:17

Greenville 130:3

grievance 126:19

gripped 101:17

ground 6:3 86:12,12,13

87:2,3,5,11 88:5,6,7

88:7,9 89:5,9,23 90:2

90:7 92:19 93:1,2,12

93:16 95:20 99:22

100:1 104:23 112:19

113:23 114:1,3,6,11

114:15,16 115:1,9,15

guess 37:20 47:17 51:5

68:12 70:15 85:13

131:23 135:19

gun 29:17 30:7,10,15

30:23 31:5 32:16,23

47:2 56:8,9,9,12,12

56:19 61:3,14,16

62:12,17,19 63:2,10

73:4 85:2 1 86:20

90:4 92:1,17 96:4

104:19,20,22 105:1,3

105:5,6,7,8,9,9,17,18

105:20,20 106:23

107:3 141:4,11,16,20

141:22 142:12

149: 10

gunfire 114:6

guns 71:4 80:8 81:7

82:23 83:1,3,11

84:11

gunshot 114:1

guy 47:2,12 76:13

82:10 85:4 99:18

116:21 117:7

H

hair 13:20 14:11

Halcyon 1:19 2:10

half 60:3 130:7,8 148:5

halfway 118:4 119:7

Hall 34:5,14,18

hand 44:14,17,22 45:3

45:23 46:6 54:10,13

55:2,4,6,7 56:17

74:17 97:9 102: 13

123:17

handcuffed 90:8

handcuffs 95:10 99:18

124:2,6

handling 10:18

hands 54:19 86:9 87:8

90:3,23 91:3,17

96:19 97:18 101:16

114:12 115:2

Hang 66:8

hanging 83:16 139:20

happen 90:2 110:6

111:4 117:18 121:10

122:11 132:16

137: 17

happened 46:10,23

47:16 54:7 65:14

67:17 69:16 80:10

89:21 95:19 109:15

111:7,8,11,12 112:6

116:1,4 120:3 121:16

122:4,21 131:9

135:10 138:7,22

140:19 141:4,12,19

141:23 142:2 145:6

147:19 149:4

happening 44:6 87:7

121:11

happy 7:3

harass 150:11

hard 6:23 39:18 69:14

harder 31:3

hardly 102:9

having 5:6 30:2 1 33:23

152: 16

Haynevifie 14:5 109:23

head 6:20 8:18 21:20

25:1,16 39:11 60:11

63:14 69:23 70:19,23

71:5,6,16 80:5,16

82:18 86:8 87:1 94:1

94:3 102:15 121:15

127:9 129:9 130:9

131:1 149:2,16

headache 127:9

headed 93:17

heading 5 1:13

headlights 42:2

head-on 65:16

health 15 1:7,20 152:1

hear46:1 50:655:9

59:7 86: 14,15,18

98:13 110:18 114:6

122:2

heard 42:12,13,19,20

42:23,23 72:21 91:20

98:14 107:5 110:9

113:23,23 114:7

115: 15

heart 21:22 22:1

held 11:6

help 74:3,6 151:10

helper 13:9

her 6:15 10:13,19

21:23 22:2 125:1,14

125: 15,15,16,18

131:2,7,10,13,16,17

131:18,21 132:2,4,6

132:20 135:6,7,11

137:3,5,8 139:12

.143:22,23

hereto 4:21 5:1

Herman 146:8,8,10,21

he'll 16:7 132:21

high 13:23 14:2,4,5

highway 15:8 26:13,17

26:19 31:12 33:6

36:13,15 37:1,16

38:15 48:23 49:2

50:21,23 51:11,13,18

5 1:22 52:3,14,19,23

53:8 54:6 55:2 1 64:3

70:1,2,23 72:5 73:16

74:23 75:2 76:20

77:12 79:13 94:2,4

100:6 118:16,17,19

119:9,22 130:22

142:23

hifi 76:14 95:11 107:7

109:12 111:1,7

him 19:7,10 30:21 31:1

33 :3,4,4 42:8 43:1

47:17 54:18 55:9

56:21 57:5 60:21,23

84:1 85:3,5 88:22,23

90:14,16 92:5,7 93:5

94:17,22 95:1,3,4,8,9

95:10,10,12 96:9,21

97:1,6,8,10,13 98:15

100:16,17,19 103:11

106:11,16 114:13

116:20 117:11

123:14,17,18 125:5

125:10,10,11 131:17

131:19 132:17

136:20,22 141:13,17

141:20 142:3,9

145:18,20 146:2,6

150:18,22 153:1

hit 39:18 64:15,22

65:15,20 67:1,22

68:5,6 69:23 70:4,9

70:13,13,17,19 71:6

71:15,16,18 72:18,19

74:8 78:18,21 80:16

82:18 99:21 113:23

114:1,6 115:8,12,15

115:20,21 140:8

149:17

hitting 63:23,23 64:17

64:20 71:5

hold 103:14,16

holding 153:4,6,12

hole 123:18,19 125:11

153: 1,3

hollow 62:23

home 9:20 26:8,9 27:4.

27:6,9 31:1 38:23

77:9 78:4,13,14,15

119:8 131:8 132:8

139:4

hope 151:12

Hospital 9:19

hot 25:23 26:1

hotel 47:1,6

hour 11:19 46:5 48:12

53:13,14 64:8 65:3

65:22 67:8,16 70:8

hours 153:13

house 15:13 24:1 25:12

25:17 27:1,12 3 1:15

36:10,14 38:11 39:5

5 1:3,13 75:23 76:1,7

76:14 77:12 133:11

144:14

houses 75:11,15,16

76:8,15 77:17,18

Housewife 9:19

Howard 24:8,8 26:2 1

Howards 26:22

Howard's 120:9

huh 12:4

huh-uh 6:20

Humiliated 154:2

hundred 77:16 119:11

hurt 54:5

Hutson 1:9 19:8,12

42:7,11 45:4 83:22

84:3,13,16,21 88:3

88:22 93:5 94:17

105:6 117:10 118:1,6

120:6,10,12,20

124:19,20 150:9

155: 16

idea 68:5,14 75:6 115:8

identification 17:19

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 47 of 56
Deposition of Richard Marshall November 14, 2007

Page 6

28:4 29:6 31:18

36:18 58:2 79:6

107:12 108:19

133: 18

identify 89:11,13

illness 23:8

immediate 99:9

immediately 36:9

40:20 69:16,18,19

75:22 76:5 123:14

125:6

impact 65:23 66:1

68:16,19,20 69:13,14

69: 17,18

impound 140:16,17

impounded 139:14

incarcerated 18:12

incident 18:16 23:11

55:18 74:13,19

100:14 107:6 125:23

126:5 138:11 139:15

141:18 142:11

147:16,19 150:7

income 35:2,11,12

Index 2:14,19,23

indicating 44:14 91:3

102:15 110:13

113:15 115:19

individual 1:8,9 155:15

155: 17

information 9:6 16:7

58:13 110:4 111:5

initial 58:14 72:13

9 1:14

initially 45:22 64:5

89:5 92:18 111:13

130:11 134:20

inmate 3:11 128:20

inmates 128:11,23

1nn47:1

inquisition 7:12

inside 83:7 90:20 96:11

99:19 100:19 101:16

104:10 120:12

140:22

intercom 127:21

interested 156:8

Internet 36:22

interrogatories 17:8

20:13

interrogatory 151:15

interrupted 110:3

148: 13

intersection 26:18 52:4

75:3,20,21

intersects 38:2 78:7

Interview 3:5

introduced 4:19

involved 21:16 145:4

J

jail 18:13,22 20:16,19

22:4,9,11,15,18,23

23:2 122:4 126:17

127:4 129:10 133:5

138:3,7 147:23

148:16 150:7

jailer 127:23

January 11:8,9,14 12:3

12:4 139:15 150:17

Jay 2:3,4 16:5

jerked 66:1 67:12

70:16

jerking 63:14

Jerome 47:15

jewelry 123:4,8,8 133:8

133:15 134:1 135:12

148: 10

Jim 132:8

jimmied 140:15

job 11:6,23 12:11

33:22 147:18

jobs 12:5

John 136:19,19

Joshua 129:6

judge 18:15,23

July 28:2

jump 114:23

juinped3l:4 70:1,22

80:20 83:10

June 18:8,9,10 19:6

23:13,18 29:10 31:7

38:12 42: 14,17 79:13

100:23 108:22

129:11 134:19

138:11 149:5

junkyard 76:13

just 6:3 9:4 10:20 16:6

17:22 20:2 22:7

24:22 27:6 36:4,12

36:19,21 37:1,18,20

38:2,3,7,10,23 40:7

42:21,23,23 44:14,20

45:18 46:10 47:4

49:12,15 50:17 54:18

55 :2,4,5,16,22 56:23

57:10,2 1 58:5 59:7

59:21 60:23 61:14

63:4 66:8,11 68:16

69:4 70:16 71:20,21

72:7 76:8 77:16 78:9

80:22 82:1,2,8,20

86:11,23 87:10 88:4

88:8 90:15 91:23

97:13 98:8 99:3

101:8 104:11,12

105:21 110:7 111:21

112:3,7 114:14,18

115:19 116:10

117:20 118:20

121:14 126:10

127:23 128:6,14

131:15 135:18

136:23 137:12

139:10 140:5 142:1

147:3,11 148:16,17

149:6,6,7,14,17,21

149:21,22 150:2,12

151:3,10,16 152:8,13

J.P 14:9,14

keep 6:12 60:23 86:3

kept 39:19 41:3 44:5

54:11,23 55:5,21

Kevin24:4,5 27:10

29:1 57:2 58:16 59:8

72:20 73:20 88: 13,21

91:19,22 93:4 94:16

95:18 98:13 99:8

107:8 109:13,16

116:3,6 117:8 118:11

120:1 124:15 137:13

137:13 142:19 145:3

145:13,14 146:19,23

Kevin's 108:10

keys 28:14 104:13,15

kick 89:22 90:1 115:17

kicked 93:15

kids 21:1,7

kill 57:23 73:2

kin 156:6

kind 6:23 36:23 37:1

37:13,18 41:20 44:20

44:22 5 1:10 52:9

62:19,21 63:4 70:11

94:10,11 102:14

107:21 113:9 116:11

116:21 119:6 135: 15

139:21 151:7 152:19

knew 30:12 51:9 54:2

84:14 87:2 1 129:7

knife 56:8

knocked 139:19 144:20

knocking 64:2

knot 71:10 82:20 149:1

149: 15,17

know 7:2,4,15 12:5

15:17 16:21 20:4,22

21:14,21,23 22:1,19

25:15 31:13 33:18

38:8 39:19 42:10,11

42:16,22 43:2,8,11

44:6 45:19 47:18,22

51:8 56:6,7,13 57:5

60:14 62:14,21 68:16

69:4 70:22 75:15,23

83:19 85:3,5 87:6,9

88:1996:897:2,3

98:14 99:8 100:13

102:8 103:3,4,21

104:10 108:1,5,15

114:19 115:13

116:15,18 125:15,20

127:20,22 128:3,13

128:15,16 129:2,6,7

131:5 132:6,8,19

136:22 137: 12

138:15 1397 141:5,5

141:6,14,20 142:4,5

142:6,16,18,20 143:1

143:2,5 144:7,23

145:4,13,14 146:16

146:17 147:8 151:12

152:12,14,19

knowing 70:20 146:19

knowledge 48:2 119:13

143:4 147:8

known 139:10

knows 141:23 147:3,10

147:11

L

L2:3,8

lacerations 127:10

lady 21:7 124:15,17,21

lady's 21:10 125:12

laid 11:7 12:1 33:22

landed 70:2 72:12 80:3

Iane4l:17,18,19 44:8

5 1:23 52:2 53:4

71:23 130:5

Large 1:18 4:8 155:6

156:14

larger 38:20

LaShun 1:9 42:7

155: 16

last 10:22 11:6,7,8,23

12:17 22:2,3 142:9

142:11

later 21:4 36:7 39:12

44:7 45:2 91:10

109:22 119:16

153: 10

law 1:19 2:4,4,9 42:18

lawsuit 17:1,3 23:12

lawyer 7:13 8:21 137:5

138:8,23 139:2

lawyers 7:21 79:10

111:19

lay 150:10

laying 6 1:4,20 86:22

93: 13,16

Layoff 12:6

leads 37:9

leaned 80:18 84:14

learn 45:2 139:9

learned 39:13

leave 105:21 111:12

117:22,22

left 30:20 31:5 32:4,16

32:19 34:21,21 39:4

71:8 72:8,11 75:18

76:1,8,16 77:1

105:23 117:12 118:1

118:3 120:20 121:18

128:7 146:10,16

148:11 149:17

left-hand 51:7 53:2

61:8 94:11

leg 99:22

legs 102:20

less 88:12 98:21 99:1

let 6:3 7:2,15 13:7

17:20,2 1 23:10 28:5

29:7,8 30:1 3 1:6,19

37:4,17 43:13 44:16

46:12 49:15 58:3,4

60:15 61:7 79:10

80:10 85:14 97:5

131:17,19 132:18

133:19 148:2

letter 47:20

letting 87:9

let's 6:13 36:11 63:17

65:1 68:4 71:5 75:9

93:10 104:1 109:6

112:13 116:8 118:20

134:18 150:23

level 44:23

Lewis 2:3,4,17 16:10

111:20,22 153:21

154:5

license 14:10 18:17

40:4 81:17 82:1

life 5:23 15:1,4,5

light 49:8,9 51:15

59: 14,15 66:15 76:12

77:1,19,20,23 78:5

100:9,9,10,11,12,13

100:15,17,20 140:3

143:17 144: 12,13

lights 41:20,22,23,23

like 13:13,15 16:21,22

29:9 3 1:20 32:4 40:4

44:4 46:7 48:19

50:14 53:21 54:4

56:17 57:5,21 61:14

61:23 63:20 64:1

66:2 68:2 1 70:14,16

71:19 75:4,7,12

76:11,18 77:7 80:16

80:17 83:12 86:6,23

871O 89:12 91:3,12

91:21 92:9,12 93:17

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 48 of 56
Deposition of Richard Marshall November 14, 2007

Page 7

96:4,21 97:18,19,20 107:19 108:3 119:6 Margaret 144:1,1,2 77:1 78:12,17 102:5 113:18

102:15 107:19 108:2 140:7 150:6 145:5 miles 3 1:16 38:17 46:5 motions 60:21,22

108:3 114:22 115:18 lose 65:11 mark 17:20 28:5 29:7 48:12 53:13,14 64:8 motor24:1,9,17,23

115:19 119:6 140:5,7 losing64:7 141:22 31:19 36:20 58:3 65:22 67:7,16 70:8 25:6,1926:4 145:16

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150:6,11 152:14 lôst66:2 68:22 147:21 marked 17:18 28:3 mind-set 152:12 105:20

limit 48:15 53:8 147:22 148:15 29:5 31:17 36:17 mine 13:20 30:18 108:5 moved 15:5 136:23

Lincoln 39:16,22 40:11 lot 16:2,4 75:5 149:6,7 58:1 79:6 107:11 108:10 148:6 moves 67:9

41:15 43:21 52:17 149:21,22 108:19 133:17 minute 17:22 36:12 moving 55:15,1762:10

65:7 73:14 74:10 Lots 12:19,21 13:3,14 married 10:1,3,5,7,9 44:7 58:5 62:15 63:7,15 106:7

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80:1881:1,282:21 low101:7 Marshalll:5,152:15 98:11,11 103:18,19 34:16,1868:7,10

85:994:6,7,8,14 lower 93:21 4:4 5:5,13,14 12:16 106:19 109:22 111:1 73:16 95:14 100:23

98:21 100:8 106:22 Lowndes 5:21 9:17 15:19 17:23 58:9 117:4,5,17,19 119:23 106:5 117:3 123:20

116:6 117:9 118:11 15:1,8 16:2 19:23 65:5 107:16 108:20 120:20 121:3 124:7 130:10 147:9 148:7

120:2,5 121:18 22:22 121:20 150:5 109:9 133:12,22 mirror4O:2344:449:5 153:18

line 37:19 38:3 78:7,11 LowndesfWilcox78:7 134:4,8 135:2,3 49:6,11 52:22 60:8,9 mumbling 73:1

lips55:l4,l7 lunchlO9:8 137:10151:3155:8 66:4,969:8 music46:355:10,11

list 16:8 lunchtime 111:19 155:12 miss 18:16 138:2,5 59:3,5,9 86:16 91:23

little 36:22 37:19 38:11 112:4 Marzett 130:16 136:12 missed 33:3 140:13

38:20 53:16,19 56:12 lying 32:13 mashed 127:20 Mississippi 34:6,12 myself 54:5 73:1

62:3 68:23 69:19 Lyn 1:16 4:6 155:4 Masters 2:8 5:15 misunderstanding 21:1 152:10

82:8 105:2 106:4,9 156:12 math 9:14 Mixed 13:9 M-A-R-Z-E-T-T

107:2 139:7 152:11 __________________ matter 155:11 model 76:15 107:3 130:18

152:22 M Matthews 11:21 mom 21:2,7

live 5:20 14:19 3 1:11 M 11:7,7 max 117:5 moment 66:2 N

33:5 77:20 130:2,21 mad99:19 may4:6,11,13,19 6:19 money33:12,20,23 name5:11,14 19:9

144:4 made4:11 40:18 41:7 7:15 10:10 20:9 33:2 34:3,6,11,12,14,20 21:10 42:12,13 45:19

lived 5:22 10:22 11:1 47:10 65:10,14 80:11 49:19 65:21 86:7 35:17,1847:3,7,8 47:14 109:17,17,18

14:23,23 15:2 80:12 101:22 105:5 108:9 113:13 146:14 96:9,22 97:7,9 110:20 116:18

lives 21:14 144:13 106:23 126:11 129:4 maybe4l:2 48:16 107:18 108:2,4,7,10 125:12 130:17

living 15:7 129:12 129:2 108:13,15 123:12,15 136:18 139:1 143:23

loaded 62:17 mailbox 78:21,22 McDonough2:5 123:16 124:22 125:6 146:7,8

loaned28:16 make9:13 21:2 37:10 McWilliams 30:16,17 125:7,8 126:12,16,22 names 109:20 128:12

lock 54:18 55:16 56:13 37:14,15,23 38:3 31:8,11 33:5 141:10 130:6 134:1 135:11 128:23

140:14 39:3 43:13 60:21 mean6:19 20:4 45:15 135:12 140:18 146:5 nearby99:6

log 123:10 66:13 67:9 74:1 80:9 61:18 63:18 81:23 146:14 147:22 148:4 neck66:1 67:12 83:17

Logging 11:7 81:1 83:6 90:19 85:11 109:18 141:23 148:11,14 90:9 102:14,22,23

long5:22 10:11 11:11 110:19 126:15 148:17 Montgomery 1:20 2:5 need4:11 6:12 7:12,13

12:7 14:22 15:2 129:13 134:13,17,21 meant 153:5 2:11 12:20 14:12 39:21 127:11 152:21

20:19 26:3 28:1 31:6 135:15 136:2 mediation 139:7 46:22 155:3 needed 135:7 152:7

31:7 32:21 48:18 makes 6:15 medical 127:3,6 128:9 month 12:2,4 22:3 neither 156:6

59:11 66:10 67:16 making 11:19 13:13 128:18 148:19 34:13,14 nelson 102:14 103:2

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106:16 117:15 113:18 126:10 meeting4O:20 74:12 more24:4 69:19 77:21 42:11 52:11 73:23

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28:7 29:9 31:20 man 96:3,6 99:16 100:1 149:19 151:7,20 140:6 147:1,3,11 138:17

32:11 41:11 46:7 101:20 105:9 114:18 152:1 151:3 152:22 New 136:16,23

49:4 50:14 52:21 114:19 125:7 mention 111:16 morning 8:2 23:23 next 2:23 15:4,13 29:17

58:5 60:7,9,10 66:10 manner 4:20 156:8 met 36:16 39:15 127:8 43:11,16 88:20

69:4 79:10 91:5 92:5 many 10:5 15:21 46:17 middle 1:2 16:9 94:12 mortar 13:10 109:12 127:8 139:13

104:1 118:21,23 65:7 103:21 114:8 155:20 Mosses 130:22 131:6 nice 49:20,21,22

looked 40:23 44:4 116:8,15 141:15 midwife 9:21,22 132:7 nickname 82:1,5,8

46:11 57:21 66:3,8 map3:436:2237:6 mightl8:6 19:21 37:6 mostl5:3,5 106:6 nightl49:8 152:17

96:20 51:5 42:22 54:16 60:16 mostly 137:4 153:10

looking 56:1 94:5 MapQuest3:4 111:23 mother 21:12 27:2 nightmares 150:2

113:16 118:6,9 MAR2:20 mile 25:18 38:17 39:14 mother's 15:3 nights 149:8,21 152:17

looks 57:5 61:23 75:7 March 34:15 60:3 63:22 66:7 76:6 motion 54:10,13 64:3 Nobody 121:8

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 49 of 56
Deposition of Richard Marshall November 14, 2007

Page 8

nods 8:18 25:1 39:11

87:1 121:15 130:9

None 9:10

noon 26:6 126:3,4

normal 6:21

NORTHERN 1:3

155:21

nose 40:21

nothing 5:7 62:16

89:13 96:3 111:7,8

111:11 137:19

155: 10

noticed 8:2 49:7

Nova 27:17 31:21 82:4

107:22,23

November 1:20 13:1,2

155:23

nowhere 98:16

nmnber 21:23 67:20

73:9 109:20 110:20

144:7

0

obey 102:10

Object 111:20

objections 4:9,10

occasions 141:17

occupants 49:10

occur 117:2 -

occurred 23:12 70:9

124:23

off 11:8 12:1 13:15

14:1 15:8 21:20

25:15 26:11,13,16,16

31:12 33:5,22 36:12

36:15,22 37:3 3 8:15

41:1,9 43:6,15 44:5

44:23 47:7 53:23

57:4,22 59:1,6 64:3

64:18 67:10 71:19

72:2,8 75:10 77:13

77:13,15 79:22 80:5

94:10 95:20 99:22

101:15 103:6,17

105:10 114:4 117:10

117:11,16,20 119:4

119:10 120:7 123:3,4

123:4,7,8 124:4,10

129:8 131:1,15

133:15 144:20 150:3

offered 4:13

offhand 31:14 34:8

office 135:19 137:6

officer 19:7,9,2 1 20:7

42:18 114:20 116:17

116:18

officers 36:6,16 82:23

91:15 116:16

Offices 1:19 2:4

oh 19:12,23 98:9

104:20 105:6,6

149:17

okay 6:7 7:6,11,17 9:23

35:10 39:20 43:23

64:16 65:5 70:4

84:1898:2 103:11

114:18 126:10 133:4

154:5

old9:13 15:18 135:18

137:11, 13, 14

older 15:23 76:15

oldest 137:14

once 7:18 10:6 35:13

46:18 80:14 93:11

95:8,18 99:10,10

103:7 133:8

oncoming 53:3 71:22

one 5:18 6:5,22 17:6,10

17:11,12,13,14,14

19:17,21 20:5,11,17

20:19 21:11,16 22:18

22:20 28:13 29:18

30:20 33:22 34:10

41:17,18,19 42:23

50:14 5 1:23 52:2

64:18 65:13,13 77:17

78:1 84:16 102:13,22

102:23 114:9 116:10

116:17 125:19 129:2

132:16 143:11

145:13,17 146:9

147:15 153:22

ones 108:3

only 12:10 22:18,20

28:14 41:7 42:18

48:3 55:6,7 56:2 63:8

74:17 85:8,10 92:10

95:3 110:19 111:11

116:4 118:4 123:13

128:5 150:18

onto 36:15 37:3,14

52:14 54:6 75:18

76:5

open 42:21 61:14 91:8

91:9,12 95:5,7,22

96:10

opened 71:2 80:18,22

83:12 104:14

opening 97:23

Operate 11:17

operator 13:4,5

opportunity 80:2 1

83:11

opposite 70:2 71:1 72:6

ordeal 149:23

ordinary 122:11

organizations 16:21

originally 19:17,22

other 4:10,14,20 6:14

7:21 9:5,10 14:16

17:1,3,15 18:6 20:11

20:13 23:2 24:7 27:6

43:5 64:18 77:17

78:19 82:2 84:4,17

89:414 94:14 97:5

97:16,17 107:5

109:21 115:9 116:4,8

134:17 136:7 142:19

144:16,18 146:10

149:2

out 13:23 14:10 15:5

18:18 24:2,9 25:19

26:4 27:2 31:4 33:2

35:3,3,8 37:4 40:5

47:648:2252:19

61:14 64:9,21,23

69:22 70:5,18 71:3

71:19 72:1 74:9,15

74:23 78:16,19 79:3

79:20 80:13,20,21

81:7,11 82:22,23

83:5,8,9,10,12,13,20

84:11 85:17 86:4,7,8

86:19 88:17,23 93:5

93:16,19,20,23 94:3

94:16,17,19,22 95:1

95:4,9 96:8,9,10,20

96:22 97:7,8,10,11

97:14 98:21 99:8

100:17,20 102:20

104:13 107:9 110:19

111:12 112:14

113:13,20 114:23

115:10 116:1 117:6

118:5,8,20 120:22

122:8,11,12 123:17

124:2,6,9,11 127:15

127:18 135:8 138:7

139:3,5,9,11,19

140:5,14,15,18,21,23

144: 14 145:16,19

146:2 152:12,14

153:10156:4

outright 132:10

over 6:14 10:20 19:18

19:19,22 24:22 25:2

44:10,15 46:11 51:7

56:18 57:17,19,23

58:13,19,21,22 74:14

82:9 84:22 98:15

99:1 107:1 109:11,16

110:11, 13, 16,2 1

114:12 123:2 132:5

146:11,16 148:11

149:10,12 150:20

15 1: 12

overnight 22:6,7

owed 145:23

own 13:16,21 86:5

132:10 151:22 152:8

152:8

owned 13:16,21 76:14

146:9

o'clock24:18 126:7

page 2:23

pages 156:1

paid 11:18 13:11 24:14

panic 74:4

pants 92:12 96:5,18

97:17,20 99:20,21,23

10 1: 17

paper 22:13 125:4

127:15,18

paragraph 46:13

130:13

part 12:13 64:11 71:6

93:21 97:16,19

104:10 106:4

parties 4:3,17 5:1

156:4,7

party 4:14,20 9:5 17:2

pass 144:16

passed 40:9,13 73:17

74:7 117:3

passenger 44:18,19

45:2,20 54:13 60:18

83:19,23 84:13 99:14

passenger's 83:21 85:1

85:16,20 94:20,21

115:11

passing 44:8 143:3,9

past 113:17,20 141:18

144:13

patrol 100:3 121:6

pause 18:1 58:7 66:22

pawn 135:13

pawning 148:10

pay 13:14,15 40:6

paying 92:15

payment 145: 17,21

Peddler's 47:1

pen 37:17

people 82:9 128:14

152:13,18 154:3

per 46:5

period 73:23

permanent 149:2

permission 139:12

permit 33:8,10 138:12

person 92:8 97:16 98:3

98:8,10 99:4 128:9

personalized 8 1:19

personaJl' 121:11

132: 12

persons 36:9

phone 2 1:23 73:7,9,20

74:1 110:11 131:11

134:21 135:17,18,19

135:20 136:2,8

phones 135:21 136:3,9

Photograph 3:1,2,3,6,7

3:8,9,10

physical 137:19

pick 63:2 73:4 139:13

142:3

picked73:23 119:17

134:5

picture 30:8 93:2 1

94:14

pictures 79:8,11,11

96:16 103:23 108:21

108:22 109:4 140:1

pipe 139:22

pipes 139: 19,21

Pistol 138:12

pistols 80:20

place 12 1:5

placed 98:15 110:1

116:3,5,23 117:7,8

129:11 153:6

plaintiff 1:6 2:2 17:3

155: 13

plans 27:5,7

plate 40:4 81:17,19

please 5:11 7:2

plus 18:19

pocket 36:1 97:9 147:1

147:1

pockets 96:8,19 97:12

97:17

point 35:20 48:8 57:2

57:12 64:4,2 1 73:13

80:9 82:14 87:18

89:8 92:3 94:6

104:19 105:11'-

109:11 115:22

119:15 123:9 124:1

153:8

Pointe 1:19 2:10

pointed 56:15,16

112: 15

pointing 61:22 62:10

78:6,10 94:10 119:6

142:1

points 62:23

police 22:16 47:9 57:13

58:17,18,23 87:21

109:21 110:15 111:3

111:9 114:20 115:6

115:23 126:22

141:14,21 150:3,5

ponds 76:13,15

popped 101:15

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 50 of 56
Deposition of Richard Marshall November 14, 2007

Page 9

posing 87:9 115:3

position 81:3 84:7

positive 30:9 39:8

5 1:17 62:5 82:6 84:6

85:7 92:6 107:15

113:4 117: 12,14

123:23 124:18

129:20 150:19

possession 138:13,16

possessions 123:10

147:22

possible 59:7,10

post 136:13

pound 140:5,13

poured 13:10

Powell 129:18,21,23

power 11:17 12:1,7

13:7,12

prepare 7:23 8:23 9:1

preparing 8:19

Prescription 25:10

present 98:17 100:14

124:13,19 128:17

press 127: 14

pretty 15:1 25:23 26:1

59:3 92:5 95:14

113:18

previous 12:8 74:18

previously 33:2 1 48:4

146: 13

prior 11:22 12:17 30:3

30:4 32:23 40:10

42:13,16 49:2

probably 7:18 15:14,14

24:18 30:3 32:8 33:3

62:14 63:6,8,9 64:5

67:7 68:22 73:1 75:2

76:15,23 78:20 101:1

106:18 109:22

119:10 120:13

125:15,17 142:11

Procedure 4:5

proceeded 52:7 12 1:19

process 95:2

professional 151:10

property3:11 130:14

131:2,5 132:6 134:5

prosecuted 47:17

prosecutor 142:16

provided 4:14,21 9:8,9

pull 19:19 24:16 44:10

44:15 47:2 56:18

57:17,19,23 58:19,20

58:22 67:9 81:5

82:21 84:21

pulled 19:10,10,17,22

24:1 31:3 44:7 48:11

49:18 53:1 54:20

55:19 60:5 63:20

79:21,22 80:2,7

84:19 93:5 94:17

95:4,8 97:20 116:5

120:7,10 150:20

pulling 24:9 80:19

145:16,19 146:1

purchase 146:22

purchased 21:3 28:2

82:3 132:9

purpose 4:14

pursuant 1:16 4:4

pursuit 62:13 63:1,11

pushed 140:9

pushing 44:22

put 7:3 18:13 32:7 38:7

38:11,20 55:20 88:23

89:8 90:7 95:10,20

96:19 97:8 100:2,9

100:15,18 104:8

105:1,13,14 107:7

109:11,16 116:2,6

120:10 123:8,11,18

123:19,20 125:5,11

130:6 131:3 133:10

143:17 145:20 146:3

148:3,5,7,8,12

149:11 152:15 153:1

153:3,8

P.0 2:9

p.m 126:8,9 154:7

P.O 2:10

quarter 39:14 66:7

76:6,23 77:19

question4:11 6:17 7:1

7:7,9 35:20 50:15

85:14 153:22

questioning 47:10

questions 4:10 6:8,10

151:3

quick46:10 49:12

50:18 65:1 115:19

148:2

quickly 70:5

quite 53:9 63:13,15

65:9 69:5 73:8 87:13

R

radio 105:10,12 110:11

110:16 122:2 140:14

radioed 122:6

rain 30:22 32:5

raining 31:2

ram 60:4 67:20 69:1

70:6

rammed 63:18 65:9

66:11 67:18 70:14

99:20 140:3

ramming 60:6 63:6,7

63:12,14,17 64:6,14

64:16 65:6,9,22 66:3

ran 19:9 36:6 109:17

109:18,20 150:2

Randy's 140:17

range 48:17

rapidly 147:20

rate 13:14

rattling 139:22

raving 9 6:23

reach 62:15 100:19

110:17

reached 100:8 104:12

105:19 123:15 125:9

125:22 126:1 146:23

reaching 104:11

reading 156:4

real 50:17 148:2

realized 58:23 59:2

really 10:18,19 13:19

46:1,5 51:10 52:11

53:17 69:3 83:22

86:1 88:15,18 91:21

127:20 128:13 129:8

140:4 142:1,18 152:9

rear 40:23 49:4,6,11

52:2 1 60:8 66:9 69:8

81:14 91:7,8 99:14

139:22

reason 115:4

recall23:15 72:23

74:12 89:9 9 1:21

92:15 125:13 127:19

128:4,12 129:8

receipts 34:9

recently 28:16

recess 65:4 109:8 15 1:2

recognize 92:10 107:16

108:11,16,17 143:10

144:18

recognized 143:11

144: 16

recollect 46:9 59:2 1

89:7 99:7

recollection 18:5

recommend 152:6

recommended 151:19

record 5:12 44:2 1 78:9

recovered 148:10

redress 140:19

refer 37:2

referencing 93:13

referred 151:21

referring 45:18

refresh 18:5

regained 65:11 68:23

regardless 4:21

registering 40:7

regroup 31:7 36:11

70:17 112:14

regular 20:2 92:12.

135:18

related 8:15

relative 143: 13,14

relatives 16:2,4,8

release 3:11 133:23

released 18:21 103: 14

133:13 137:23

remember 12:2 19:5,20

20:6 36:5 42:19

60:22,23 72:4 73:9

73:10 90:14 125:12

reminded 112:4,5

rephrase 7:3

reply 128:6

report 2:21 35:1,8,12

47:9 126:21

reported 155:6

reporter 1:17 4:7 6:4

6:11,23 66:19 155:5

156: 13

REPORTER'S 155:1

representing 4:3,17

5:16

request 127:16,21

132: 15

requested 9:10 128:17

132: 14

reserved 4:12

residence 11:3 26:11

33:3 38:13 51:2 52:8

131:7 144:8

residences 77:21

residing 26:12 144:9

resisting 103:11

respect 15 1:4

responded 50:15

response 6:18 30:9

39:8 5 1:17 62:5 82:6

84:6 85:7 92:6

107:15 113:4 117:12

117:14 123:23

124:18 127:12,15

129:20 150:19

responses 151:15

rest 26:8 27:5 33:18

52:12 53:11 79:2,3

80:15 95:14 108:6

123: 14 125:8 148:5

148: 12

resting 94:14

result 18:12 138:10

147:13 149:4

results 156:8

retrieve 133:8

review 8:19 9:3

Rich 82:5,10,11

Richard 1:5,15 2:15

4:4 5:5,13 82:12

155 :8,12

ride 8:4,7 30:21 3 1:1,8

riding 49:7 68:8,21

right 7:5,16,20 10:14

11:4 12:11 14:12,20

15:17 20:11 22:22

23:10 25:15 26:16

27:20 30:5,13 31:2

3 1:12,14 32:1,12

34:8 35:10,21 37:10

37:12,14,15,23 38:10

39:3,9 40:17 41:5

42:1,2 43:8,9,14

44:22 45:5 48:3,8,11

48:13 50:7,18,20

51:1,3,6,11,12 52:7

52:14,23 53:4,20

55:2,4 58:14 59:11

65:17 66:23 68:11

69:7,13,14 70:6,20

7 1:8,9,13,23 72:3,9

72:16 73:22 75:17

76:10,20,20 77:4,13

77:13,18 78:4,5,6

80:1,4,19 81:2,4,12

81:19 82:5,21 84:19

84:22 85:1,2,9,23

86:14 87:19,22 89:17

89:19 90:3 91:10,17

92:5 93:4 94:12

95:18 97:5 99:3,10

99:13 101:12 103:1

103:14 104: 1,11

105:18,21,23 106:1,2

107:19 109:4,13

111:10 112:16,22

113:8,13,17,20 114:7

115:13,22 116:15

117:2 118:13,16,17

119:2,3,10 120:8

123:2 124:2 125:1,5

126:11 129:8 131:1

135:17 137:21 138:3

140:2,10 144:6,8

148:20 149:14

150:21 151:8 152: 15

153:9

right-hand 36:1 61:22

62:3

road 14:19 26:10,15,16

26:18 36:9,13,15

37: 1,3,5,8, 10,11,13

37:15,21,21,23 38:3

38:4 39:7,9,10,15

40:9,13,15 4 1:2,4,9

41:14,16,17 43:6,16 -

48:10 52:6 53:12,17

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 51 of 56
Deposition of Richard Marshall November 14, 2007

Page 10

53:22 54:4 56:3 57:4

57:22 59:1 67:10

71:1 72:3,6 73:15

74:10,11,13,23 75:10

75:14,17,23 76:5

77:13 79:22 116:2

118: 14,14,16,22

119:4,5,8,10,18

120:8 142:22 143:12

143:14,19,20,22

144:6,8,21 145:8

150:3 153:23 154:3

rob 50:4 57:6 97:3

robbed 46:14,17 48:4,6

74:5 149:9

robbery 15 1:23

rolling 52:9,10 83:10

room 5:16 6:7 47:6,6

124: 13

roughly 65:16

round 114:18 115:8

Route 15:16,18

rules 4:5 6:3

ruling 4:12

run 57:4,22 76:6

114:23

running 110:21 146:1

rural 41:17

SAITH 154:11

same 4:22 54:9 67:23

68:17 82:1 105:16

107:21 133:10

137:15 140:6

sat 18:18 110:23

121: 14

save 16:11

saved 33:22 146:14

saw 8:3 11:17 40:12

41:1 43:15,21 44:5,9

54:9 55:4,7 56:5,6,14

56:20 58:18 73:14

81:1,2,5 82:21 83:3

83:19 84:1 85:22

86:1 87:20 97:13

104:20 105:1,18

110:17 134:12

143:18 150:18

saying 6:7,20 19:12

34:20 47:2 1 50:6

55:17 59:8 70:4

72:23 88:5 90:14

96:5 110:18 114:15

126:3

says 22:15 58:17 134:6

scared 57:7

scene 95:16 117:13,15

school 13:23 14:2,4,16

search 97:16 98:2

106:1,16,18 119:21

searched 96:18 98:18

104:7,10 106:4

searching 97:21 98:23

98:23 99:4,11 106:7

106:20 120:4

seat 18:7 28:20,22 29:9

29: 14,17 32:9,13

57:3 6 1:4,17,18,23

61:23 62:11 63:5,16

71:12,19 96:11,12,12

96:13, 14 99:16

101:23 102:3,7,11,19

104:2,5,9 105:3

117:9 121:6 122:9

seats 62:8

second 17:11,13 44:21

49:15 54:22 59:12

60:15,19 63:2 1 66:8

68:13,19 69:13,16,18

70:6,13,14 7 1:15

13 1: 14

seconds 44:7 48:20,2 1

59:13,23 66:20 67:18

103:18,19,19,20,20

103:21,22

security 109:19 110:20

see 6:4 22:13 31:23

37:5 39:12 41:4,20

43:17 46:2,6 49:8,10

49:13 51:19 54:16

55:1,14 58:11 59:14

59:15,16,17 60:12

61:8 66:4,5,12,15,17

79:15 80:10,14 81:3

82:22 83:22 84:7

85:15,19 86:2 9 1:4,6

92:2,8,14 93:6 94:3,4

95:3,12 96:2,2,9,15

96:17,21 97:6,8,10

98:13 99:16 100:2

102:20 103:23

105:22 115:3 119:13

119:19 123:13

125:15,18 127:11

132:21 135:7 138:8

140:2 143:22 146:23

seeing 19:7 36:6 40:10

44:3 154:3

seeked 15 1:9

seem 147:15

seen 36:8 40:1 42:4,7

44:14 55:2 56:17

58:8 59:21 83:16

87:18 96:1,3 125:16

129:3 131:16 133:21

141:17 150: 14,16,22

select 81:21

self-employed 13:18

Selnia 9:19 136:17

sent 71:16

September 12:22

service 10:17 11:2

set 28:14 95:10 152:15

156:4

shakes 60:11

Shaking 6:20

shared 11:2

Shavomie 21:13

Shawn 19:8,12 42:11

45:4,20,21 54:14,19

84: 12,16,20 85:8,17

85:22 88:3,10,22

89:5 93:5 94:17,21

98:15,17 99:1,5

105:6 106:21,22

107:1 117:9 118:1,6

120:6,9,12,20 124:19

124:20 150:9

sheet 3:5

sheriff 116:12 117:8,21

118:3,10 120:6,17

121:19 127:1 131:12

132:1,3,12, 14

sheriff's 89:12 109:23

116:13 120:15

shield 83:16 85:22 86:1

86:3 92:11

Shiny 56:10

Shirley 133 12 135:2,3

137:3

Shirley's 137:8

shoes 92:13

shoot 113:12 114:8

shooting 112:6 114:13

shop 14:11

short 36:1 82:11 92:12

150:23

Shorthand 4:7 155:4

shorts 25:22 101:5,14

154:1

shot 114:9,11 115:16

149:9 150:2

shoulder 44:23

shoved 96:6 97:20

show 17:20 28:5 29:7

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skid 70:22

skinnier 85:4

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slam 43:15 44:3

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120:13 121:11

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147:23 148:17 153:1

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 52 of 56
Deposition of Richard Marshall November 14, 2007

Page 11

sometime 26:5,6 121:2,12,16,21 stuck 100:20 101:16 65:698:8 110:8 41:2 74:3 97:2

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W. 2i3- -

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 53 of 56
Deposition of Richard Marshall November 14, 2007

Page 12

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 54 of 56
Deposition of Richard Marshall November 14, 2007

Page 13

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Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 55 of 56
Deposition of Richard Marshall November 14, 2007

Page 14

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r

Case 2:06-cv-00701-ID-CSC Document 30-2 Filed 02/12/2008 Page 56 of 56
DEPOSITION OF CHRISTOPHER WEST

January 21, 2008

Pages 1 through 64

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

566 South Perry Street

Post Office Box 62

Montgomery, AL 36104

Phone: (334) 263-4455

Fax: (334) 263-9167

E-mail: hais1ipragancharter.net

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 1 of 24
Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 2 of 24
EXAMINATION INDEX

2

BYMR. LEWIS ........... 5

3

4 PLAINTIFF'S EXHIBITS

5

1 Evidence Submission/Analysis Forms 42

6

2 Courtesy Warning 46

7

3 Deposition 47

8

4 Complaint and Warrant 51

9

5 Alabama Uniform IncidentlOffense Report 52

10

6 6-28-05 Statement Form of Christopher 55

11 West

12

13 -

14

15 STIPULATIONS

16 It is hereby stipulated and agreed by and

17 between counsel representing the parties that the

18 deposition of CHRISTOPHER WEST is taken pursuant to

19 the Federal Rules of Civil Procedure and that said

20 deposition may be taken before Tracye Sadler

21 Blackwell, Certified Court Reporter and

22 Commissioner for the State of Alabama at Large,

23 without the formality of a commission, that

Page 2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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

Page 1 Page 3 I

1

2 IN THE UNTTED STATES DISTRICT COURT

3 FOR THE MIDDLE DISTRICT OF ALABAMA

4 NORTHERN DIVISION

5

6 RICHARD MARSHALL,

7 Plaintiff,

8 vs. CIVIL ACTION NO.

2:06-cv-70 1 -JD.CSC

9

CHRIS WEST, in his individual

10 capacity, LASHUN HUTSON, in his

individual capacity,

11

Defendants.

12

13

14

15 DEPOSITION OF CHRISTOPHER WEST, taken

16 pursuant to stipulation and agreement before Tracye

17 Sadler Blackwell, Certified Court Reporter and

18 Commissioner for the State of Alabama at Large, in

19 the Law Offices of Webb & Eley, 7475 Halcyon Pointe

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

21 commencing at approximately 9:10 a.m.

22

23

1 APPEARANCES

2

3 ON BEHALF OF THE PLAINTIFF:

4 Mr.JayLewis

Law Offices of Jay Lewis

5 Attorney at Law

847 South McDonough Street

6 Montgomery, Alabama

7

8 ON BEHALF OF THE DEFENDANTS:

9 Mr. Daryl L. Masters

WEBB & ELEY, P.C.

10 Attorneys at Law

7475 Halcyon Pointe Drive

11 Montgomeiy,AL 36117

12 Mr. Rick A. Howard

MX, HOLTSFORD, G1LLILAND, HIGGINS & II1TSON

13 Attorneys at Law

Suite 300

14 4001 Carmichael Road

Montgomery, AL 36106

15

16

ALSO PRESENT:

17

Mr. Lashun Hutson

18

19

20

21

22

23

Page 4

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 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 filing 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.

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

1 (Pages 1 to 4)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 3 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 5 Page 7

1 THE COURT REPORTER: Usual 1

2 stipulations? 2

3 MR. MASTERS: Yes. 3

4 MR. LEWIS: Yes. 4

5 5

6 CHRISTOPHER WEST 6

7 The witness, after having first been duly sworn 7

8 to speak the truth, the whole truth, and nothing 8

9 but the truth, testified as follows: 9

10 EXAMINATION 10

11 BYMR.LEWIS: 11

12 Q. Tell us your name, please. 12

13 A. Christopher Stewart West. 13

14 Q. And how are you employed, Mr. West? 14

15 A. By the Lowndes County Sheriffs Department. 15

16 Q. And how long have you been employed by the 16

17 Lowndes County Sheriffs Department? 17

18 A. About 11, l2years,Ithink. 18

19 Q. And what's your position with Lowndes 19

20 County Sheriffs Department? 20

21 A. I'm a deputy sheriff. 21

22 Q. Do you hold any particular rank as a deputy 22

23 sheriff? 23

Page 6

1 A. I'm a lieutenant. 1

2 Q. How many people are employed in the Lowndes 2

3 County Sheriffs Office? And by that I 3

mean people who are in law enforcement as 4

opposed to jail work. 5

'6 A. Between 10 and 12 deputies, I think. 6

7 Q. And what is your particular job as 7

8 lieutenant? Do you have any particular 8

9 responsibility in that position? 9

10 A. Yes, sir. I'm drug task force commander. 10

11 Q. And help me understand the drug task force 11

12 because there's always some confusion about 12

13 whether it's a legal entity, whether it has 13

14 its own personnel practices, whether it has 14

15 its own policies. Tell me, if you will, 15

16 what the 2nd Judicial Drug Task Force is. 16

17 MR MASTERS: Object to the form. 17

18 Go ahead and answer as best as 18

19 you can, Chris. 19

20 A. The drug task force is a task force that's 20

21 made up of several agencies. We're funded 21

22 by the Department of Justice through the 22

23 Alabama Department of Economic and 23

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?

A. Yes, sir.

Q. Are there federal agents assigned to that?

A. No, sir.

Q. But your salary continues to come from the

Lowndes County Sheriffs Office?

ri1l 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?

A. The Lowndes County Commission does, not the

sheriffs office.

Q. Does the Lowndes County -- does the drug

task force have a separate policies and

procedures manual for you to follow?

A. Yes, sir, we do.

Q. And are the policies and procedures in that

promulgated by the Department of Justice or

by some individual agency or the task force

as a group?

A. 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.

Q. Okay. And do those guidelines include

tactical operations, the way you perform

your duties, the day-to-day activities in

which you're involved?

A. Yes, sir. -

2 (Pages 5 to 8)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 4 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 9 Page 11

1 Does the Lowndes County Sheriffs Office

2 have its own set of rules and regulations

3 for you to go by?

4 A. Yes.

5 Q. And who puts those out?

6 A. The sheriff.

7 Q. Have you discovered any conflicts between

8 the sheriffs guidelines and policies and

9 those of the drug task force?

10 A. No, sir.

11 Q. So they're pretty much consistent?

12 A. Yes, sir.

13 Q. Let me get a little personal information on

14 you. What's your address?

15 A. Physical or mailing?

16 Q. Physical.

17 A. 235 -- no. 214 Norman Drive, Fort Deposit.

18 Q. Okay. 214 Norman Drive?

19 A. Yes.

20 Q. And what's your educational background?

21 A. I graduated high school, currently in

22 college.

23 And where are you in college?

1 A. Yes, sir.

2 Q. Tell me about those.

3 A. It's just a --

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

5 stuff like that.

6 A. Yeah. There's just numerous

7 Q. Okay. Have you been to the FBI Academy?

8 A. Yes, sir.

9 Q. How long a course was that?

10 A. Ten weeks.

11 MR. HOWARD: Can we take a second?

12 MR. LEWIS: Sure.

13 (A brief recess was taken.)

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

15 other training courses that have been six

16 weeks or longer?

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

18 Q. Have you been to any law enforcement

19 advanced driving academies?

20 A. No, sir.

21 Q. Let me call your attention to June 2 8th,

22 2005. And I'll represent to you that's the

23 date that everybody agrees that the

Page 10

1 A. Herzing in Birmingham.

2 Q.

 Where?

3 A. Herzing. Herzing College in Birmingham.

4 Q. Herzing?

5 A. Yes, sir.

6 Q.

 What sort of school is that?

7 A. It's a private school.

8 Q.

 And you're looking for a four-year degree

9 from there?

10 A. Yes, sir.

11 Q. What year are you at Herzing?

12 A. My fmal year.

13 Q. And what's your major?

14 A. Homeland security and public safety.

15 Q.

 When did you graduate from high school?

16 A. In'86.

17 Q. Have you had any additional training since

18 1986 other than what you're getting at

19 Herzing College?

20 A. In regards to

21 Q. Your position, your job --

22 A. Yes, sir.

23 Q. -- criminal justice, that sort of thing.

1

2

3

4 A.

5

6 Q.

7

8 A.

9 Q.

10

11 A.

12 Q.

13

14 A.

15 Q.

16 A.

17

18

19

20

21 Q.

22

23 A.

Page 12

incident with Mr. Marshall about which

we're here today occurred. What 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.

When you say you might have picked him up,

do you recall who was driving?

I was driving.

3 (Pages 9 to 12)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 5 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 13 Page 15

1 Q. Do you recall what you were driving?

2 A. Yes, sir.

3 Q. What were you driving?

4 A. A Lincoln.

5 Q. What model?

6 A. Town Car.

7 Q. What year? Do you remember?

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

9 Q. And why were you driving a Lincoln Town

10 Car?

11 A. I don't remember exactly why we were

12 driving the Lincoln that day.

13 Q. Was that Lincoln a vehicle that had been

14 confiscated?

15 A. Yes, sir. -

16 Q. And had there been a condemnation

17 proceeding as to that Lincoln?

18 A. Yes, sir.

19 Q. And it had been condemned and your office

20 had it?

21 A. Yes, sir.

22 Q. Why were you discussing Mr. Marshall that

23 day?

Page 14

1 A. I had received information that

2 Mr. Marshall was selling dope at his

3 residence, selling illegal drugs at his

4 residence.

5 Q.

 Where did you get that information?

6 A. I don't remember.

7 Q. Did you make any notes of where you got

8 that information from?

9 A. Imay have.

10 Q.

 Would you have preserved those notes?

11 A. No, sir.

12 Q.

 Did your information indicate what sort of

13 drugs he was supposed to be selling?

14 A. Crack cocaine and marijuana.

15 Q.

 And based on that information what, if

16 anything, did you do?

17 A. We drove out to Mr. Marshall's residence to

18 do a knock-and-talk and to just discuss

19 with him the information that we had

20 received.

21 Q.

 And where was Mr. Marshall's residence?

22 A. Just off Highway 21 on a little dirt road.

23 I don't recall the name of the dirt road.

1 And it wasn't -- I don't know if you really

2 could consider it a dirt road. It's more

3 like a -- more like a big driveway that

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

9 turned into a little more narrow trail so

10 to speak. So I don't even know if it's

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

12 be a private drive.

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

14 to this time?

15 A. No, sir.

16 Q. 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 Q. Had you received any prior information

20 about Mr. Marshall prior to that time?

21 A. Yes, sir.

22 Q. And what information had you received?

23 A. The same information in reference to drug

Page 16

1 activity.

2 Q. When you got to his house, what, if

3 anything, did you do?

4 A. I believe that we knocked on the door and

5 no one came to the door. We got back in

6 our vehicles and -- or got back in our

7 vehicle and left the residence. Agent

8 Hutson had some information about another

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

10 referred to as the Casey community. It's

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

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

13 the county. And when we were leaving

14 Mr. Marshall's residence, we were going to

15 go to this home down in the Casey

16 community.

17 And what information did you have about the

18 Casey community that led you to go down

19 there?

20 A. Agent Hutson had that. Pm not exactly --

21 I'm not exactly sure.

22 Q. So you were looking for Mr. Marshall?

23 A. Yes, sir.

4 (Pages 13 to 16)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 6 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 17 Page 19

1 Q. Did you know what kind of car Mr. Marshall

2 was likely to be driving?

3 A. Yes, sir.

4 Q. And what were you on the lookout for?

5 A. A blue Chevy Nova, older -- older -- older

6 type vehicle.

7 Q.

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

8 do not recall today how you received the

9 information about Mr. Marshall allegedly

10 selling drugs?

11 A. No, sir. It could have been someone we

12 interviewed and I just made a note on

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

14 been a phone call. I know we received it

15 on more than one occasion.

16 Q. And when you received that information, do

17 you have a present sense of whether or not

18 you believed that information to be

19 reliable?

20 A. If-- if it was a source that was a

21 reliable source and the time frame allowed,

22 I would have obtained a search warrant for

23 his residence. But we're doing a

1 direction we were coming from, you have to

2 go down County Road 7. Because we were on

3 21. I mean, he -- where he lives, is just

4 off 21.

5 Q. Right.

6 A. So if you're coming back toward Hayneville

7 from Mr. Marshall's residence, you take a

8 left on County Road 7.

9 And prior to your encountering Mr. Marshall

10 had you taken that left?

11 A. Yes, sir.

12 Q. So you were on County Road 7 at that time?

13 A. That's right.

14 Q. What, if anything, happened then?

15 A. We met Mr. Marshall's vehicle, and I -- I

16 said, well, that's his vehicle right

17 there. We turned around and got behind his

18 vehicle.

19 Q. Okay. And what then?

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

21 observed that he didn't have on a

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

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

1

2

3

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7

8

9

10

11

12

13

14

15

16

:17

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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 arid 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?

A. That's correct. Not at that time.

Q. 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?

A. 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.

Q. Okay.

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

1

2

3

4

5 Q.

6

7 A.

8 Q.

9

10 A.

11 Q.

12

13

14

15

16 A.

17

18 Q.

19

20 A.

21 Q.

22 A.

23 Q.

Page 20

12-volt power that you plug into the

cigarette lighter. And I placed it on the

dash of the vehicle and activated that

light behind his vehicle.

What did Mr. Marshall do in response to

that?

Kept driving.

How fast were you going at the time you

first activated this light?

I don't -- I don't recall.

Well, would you consider it an excessive

rateof-- without regard to miles per

hour, an excessive rate of speed, an

ordinary rate of speed, a slow rate of

speed?

An ordinary rate. It wasn't exceeding the

speed limit.

And your position is that Mr. Marshall --

that you activated this light?

That's correct.

And the light was working at the time?

Yes, sir.

And there were blue-and-white strobes or

5 (Pages 17 to 20)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 7 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 21 Page 23

1 flashes coming off the light? 1

2 A. That's correct. 2

3 Q. All right. So Mr. Marshall kept on 3

4 driving? 4

5 A. That's right. 5

6 Q. What did you do then? 6

7 A. Blew the horn, flashed the headlights, and 7

8 even at one point pulled alongside his 8

9 vehicle. 9

10 Q. What color was this Lincoln Town Car you 10

11 were in? 11

12 A. It's kind of a bluish/aquamarine type 12

13 color. 13

14 Q. Doesn't look much like a police car though? 14

15 A. No. 15

16 Q. So you blew the horn, and Mr. Marshall just 16

17 continued to keep driving; right? 17

18 A. Yes, sir. 18

19 Q. You say you pulled up alongside him. Tell 19

20 me about that. 20

21 A. We pulled alongside the vehicle. And, like 21

22 I said, it -- he's got an older car. It 22

23 doesn't run that fast. Pulled alongside 23

Page 22

the vehicle. Our windows are down. I 1

2 think Agent Hutson holds up his badge. And 2

3 it's a pretty good -- it's a pretty good 3

4 size badge. It's round and it has a 4

5 leather cover around it. It's a gold badge 5

6 with a black background. And he holds it 6

7 up. I mean, we're probably as close from 7

8 me to you. And he holds up the badge and 8

9 says pull over. And Mr. Marshall is 9

10 yelling and cussing, and he's very -- has a 10

11 very defensive appearance about himself. 11

12 And so Agent Hutson is holding up the 12

13 badge. And then at one point we even 13

14 removed the light from the dash and we've 14

:15 got the badge in one hand and the light in 15

16 the other saying pull over. And he's 16

17 looking, I mean, directly at us. And he 17

18 says, you know, fuck y'all or something to 18

19 that nature, you know, I'm not pulling 19

20 over, you know. And so he keeps on going. 20

21 And so we pull -- you know, we back off and 21

22 pull back in behind the vehicle just 22

23 following behind him. - 23

6 (Pages 21 to 24)

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

here, you have turned onto Highway 7. You

meet him. He's coming toward you?

A. That's correct.

Q. You turn around and you're going back,

what, south on Highway 7 approximately?

A. Yeah.

Q. Back toward Highway 21?

A. That's correct.

Q.

 And when I say Highway 7, I mean County

Road 7.

A. That's right.

Q. Heading back toward Highway 21?

A. Uh-huh (positiveresponse).

Q. What,- if anything, happened when you hit

Highway 21?

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

wider highway than the county road.

Q. Did he turn onto Highway 21?

A. Yes, he did.

Q. Which direction did he turn?

A. Going toward his residence, away from

Hayneville toward Wilcox County.

Page 24

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 continues 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

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.

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 8 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 25 Page 27

And I tell Shun, I says, you know, you hold 1

on because something is going on here. 2

And so I bump his vehicle a couple of 3

times thinking that that will, you know, 4

make him pull over, but he still -- you 5

know, he's yelling and he's -- and he sees 6

us. I mean, he's looking in the mirror. 7

He sees us back -- he sees the blue light. 8

And so he ducked, and then I just kind 9

of, you know, pushed his bumper a little 10

bit. And his vehicle swerves and comes up 11

on this side of the road. Never harm 12

anything. I don't even think it hurt the 13

grass. And he came to rest in the 14

vehicle. The vehicle came to rest up on 15

the embankment. And I believe I backed up 16

because I took a position -- a defensive 17

position -- his vehicle -- if my wrist is 18

the front of his vehicle, then the nose of 19

my vehicle took a position like -- at an 20

angle like this. 21

And we opened our doors with our 22

weapons drawn behind our -- behind the 23

Page 26

1 doors. And I said to him -- I said, get 1

2 out of your vehicle and get on the ground. 2

3 And he just sat there cussing and just 3

4 sweating, and his eyes were red. It was a 4

5 bad situation. 5

6 Let's go back just a little bit Earlier 6

7 you had said that when you pulled up next 7

8 to him you were as close as you were to 8

10 A. Yeah.

9 me --

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10

11 Q. -- right now. And I estimate that distance 11

12 to be about four to five feet Would that 12

13 be accurate? 13

14 A. Or maybe further. Something like that. I 14

15 mean, I could see his face and I'm 15

16 driving. And Shun is even closer than I 16

17 am. But I'm driving. There's nothing else 17

18 on the road. And I'm looking him in his 18

19 face and he's looking at us. And he sees 19

20 the light and the badge is just like this. 20

21 And, like I say, it's a gold badge with a 21

22 black background and a blue-and-white 22

23 strobe just flashing. 23

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.

The question -- the cars would have been

approximately four to five feet apart?

A. Yes, sir.

Q. 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?

Yes, sir.

And to clarify what you said about how you

stopped --

MR. MASTERS: Excuse me. Object

to the form of the previous

question.

Did you hear the

question, Chris? Which side

was closest to which?

THE WITNESS: Shun's side was

Page 28

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

with the fact that his car --

that Mr. West's car's

passenger's side was next to

Mr. Marshall's driver's side.

MR. MASTERS: I may be mistaken,

but I thought you said the

opposite.

MR. LEWIS: That's fme.

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

right to get up next to his car. You

pulled to the left?

A. Yeah. I pulled as if I was passing his

car.

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

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Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 9 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 29 Page 31

highway? 1

A. Yes, sir. 2

Q.

 Are you familiar with what a PIT is? 3

A. Yes, sir. 4

Q.

 WhatisaPlT? 5

A. It's a -- what's referred to as PIT 6

maneuver. 7

And that's a precision intervention 8

technique or precision interdiction 9

technique? 10

A. Yes, sir. 11

Q. And is that what you performed on 12

Mr. Marshall's car? 13

A. Yes, sir. 14

Q. And to clarify -- correct me if I'm 15

wrong -- that's a procedure by which you 16

pull up next to the car with your front 17

fender next to his rear fender and then 18

slow down and simultaneously turn into his 19

car bumping it into a turn; correct? 20

A. Something of that nature. 21

Q. And that's pretty much what you did on that 22

occasion? 23

Page 30

1 A. Yes, sir. 1

2 Q. And his car came to rest off the road; 2

3 correct? 3

4 A. Yes, sir. 4

5 Q. Based on what you said. 5

6 And did it come to rest facing back in 6

7 the direction from what you had come? 7

8 A. Yes, sir. 8

9 Q.

 So instead of going toward Wilcox County 9

10 it is now headed away from Wilcox County in 10

11 the grass? 11

12 A. That's correct. 12

13 Q. On the opposite side of the road? 13

14 A. Yes, sir. 14

15 Q.

 You then backed up and angled your car 15

16 toward his car just off the road? 16

17 A. That's correct. 17

18 Q. Okay. I think we've got the scene set 18

19 And you indicated that you jumped out 19

20 of the car and Mr. Hutson jumped out of the 20

21 car, weapons drawn, and yelled at 21

22 Mr. Marshall to get out of the car? 22

23 A. That's correct. 23

Q.

 And what, if anything, was Mr. Marshall

saying to you at the time?

A. Cursing.

Q.

 Okay. Have any recollection of the

specific language he was using?

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

things of that nature.

Q.

 Going back to when you say he threw a baggy

out of the car and hit your car. In what

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

as that baggy 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.

Q.

 And you made note of where that baggy had

gone off the road?

A. Yes, sir.

Q.

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

passenger with him?

A. Yes, sir.

Q.

 And what did the passenger do, if

anything?

A. Nothing really.

Page 32

Q.

 Just sat there?

A. Yes, sir.

Q.

 Did you hear the passenger cursing?

A. No, sir.

Q.

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

down?

A. Down.

Q. 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

8 (Pages 29 to 32)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 10 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 33 Page 35

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on his face. That's when I left from 1

behind my door, my weapon still pointed at 2

him -- or my weapon pointed at him, and as 3

I approached him, I grabbed him. I don't 4

remember where I grabbed him, but I know I 5

grabbed him and I put him on the ground. 6

And he -- he was very resistant. 7

But he was cussing and just combative. 8

Not very combative, but just not wanting to 9

comply at all. But I was able to get my 10

handcuffs out and put the handcuffs on 11

him. And I think Agent Hutson got the 12

passenger out and placed the handcuffs on 13

him. 14

I left him there on the ground after I 15

got him handcuffed and looked into the 16

vehicle. On the driver's seat right there 17

in the middle was a .357 Magnum. And in 18

the ashtray was .357 rounds. There was 19

some rounds in the floorboard and might 20

have been some loose rounds in the seat. 21

But I know the gun was loaded. And there 22

was a -- like a liquor flask there in the 23

Page 34

seat and, I think, a pack of Swisher Sweet 1

cigars, a partial pack or something. 2

I get him -- after I see this stuff 3

right here, I'm -- I pat him down. And I 4

think -- when I -- when I'm trying to get 5

him -- when I get him to the ground, he's 6

got these big -- real big shorts on that 7

are the bagging shorts. So they basically 8

come off of him. He doesn't have on a belt 9

or anything. And so cars are coming by and 10

he's there in his underwear. So I'm trying 11

to get him to get into the back seat of the 12

car, basically trying to save him from some 13

humiliation because he's standing there in 14

his boxers, so -- but he won't comply. He 15

just won't do nothing I'm asking him. So 16

eventually I get him pushed into the back 17

seat because, like I say, traffic is coming 18

by. 19

And the other guy, I think Agent Hutson 20

sits him over on the embankment. He's 21

cool. He's not saying anything. He's not 22

resisting in any manner. I call a marked 23

unit. The marked unit comes out and

transports them. I take some photos. And

that's pretty much the gist of it.

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 weapons or anything in his

pockets.

Q. Did you remove a wallet?

A. I may have. I don't remember.

Q. Did you remove any money from him?

A. I may have.

Q. If you removed any money from him, did you

turn in all of the money you removed from

him?

A. Yes, sir.

Q. Turned it in to whom?

A. The jail.

Q. Okay. Anything else you turned in to the

jail other than possibly money?

A. No, sir.

Page 36

Q. Okay.

A. If he didn't have any weapons --

MR. MASTERS: Chris, just answer

his question.

THE WITNESS: Okay.

Q.

 Well, what would have been your normal

procedure for dealing with confiscated

property?

A. 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.

Q.

 Do you recall whether you did that in this

case or not?

A. No, sir.

Q.

 What did you do then after he was trans --

let me go back.

You said that you called for a marked

unit?

A. Yes, sir.

Q. And did a marked unit arrive?

A. Yes, sir.

Q. From what jurisdiction was that marked

9 (Pages 33 to 36)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 11 of 24
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Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 37 Page 39

unit? 1

A. Lowndes County. 2

Q.

 And do you recall who was in that marked 3

unit? 4

A. Yes, sir. 5

Q. Who was that? 6

A. Deputy Phil Harding. 7

Q. And what did Deputy Phil Harding do when he 8

got on the scene? 9

A. Took Mr. Marshall and put him in the back 10

seat of his vehicle. 11

Q. By that time had Mr. Marshall calmed down? 12

A. No, sir. 13

Q. Still combative? 14

A. No, sir, not combative.- Just still 15

Q. Hostile? 16

A. Yes, sir. 17

Q. But you didn't have to -- nobody had to 18

fight him to get him in the patrol car? 19

A. I don't recall, no, sir. 20

Q. And did the patrol car then leave with 21

Mr. Marshall? 22

A. Yes, sir. 23

Page 38

Q. What happened to the passenger? 1

A. He rode with me. 2

Q. And did you have any trouble out of him at 3

all? 4

A. No, sir. 5

Q. Do you recall who he was? 6

A. What's that boy's last name? 7

I know, but I can't remember right now. 8

Q.

 Had you had any contact with him before? 9

A. No, sir. 10

Q. Didn't know him? 11

A. No, sir. 12

Q. When's the next time you saw Mr. Marshall? 13

A. I went to interview him a few days later. 14

Q. At that time had he been charged with 15

anything? 16

A. Yes, sir. 17

Q. And do you recall how long he was held 18

before he was charged? 19

A. He was charged the day that I arrested him. 20

Q. And you signed a warrant on him? 21

A. Yes, sir. 22

Q.

 Do you recall whether it was you or 23

Mr. Hutson who did the paperwork and the

deposition and got the charge --

A. Ithinkitwasme. Ithink.

Q. And the only reason I ask that is I

couldn't read the signatures.

A. Okay.

Q. And tell me about the interview you had

with Mr. Marshall.

A. 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.

Q. Any sense of how long that interview took?

A. 20, 30 minutes, something like that.

Q. 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?

A. We -- we actually all left together. I

think Agent Hutson drove Mr. Marshall's car

because it was still fme. And I drove the

Lincoln. Phil Harding came on the marked

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

bag that was 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?

A. 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.

Q. What did you retrieve?

A. A baggy containing residue.

Q. And what did you do with that baggy?

10 (Pages 37 to 40)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 12 of 24
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Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page4l Page 43 6

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A. I sent it to forensics.

Q.

 Tell me about how you, quote, sent it to

forensics.

I bagged it up in a brown paper bag because

we were seeking a fingerprint analysis. I

labeled it to get -- for fmgerprint

analysis. The fmgerprint analysts weren't

able to recover any fmgerprints off of

it. Once I received it from fmgerprint

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 of those back, and they

were just both -- both of the results. And

there was -- -

There was sufficient residue for you to see

that there was residue?

Yes, sir.

And yet it was not sufficient for forensics

to make a determination?

That's correct.

And you received a report back from

Page 42

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 fmgerprint

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 signatures. And the next

page seems to just be the original

submission.

You mean the fmal page?

No,no.

Oh, okay.

Page 44

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forensics?

Yes, sir.

Let me show you what we will mark as

Plaintiffs Exhibit Number 1.

(Plaintiffs Exhibit 1 was marked

for identification.)

I'm showing you what we've marked as

Plaintiffs Exhibit Number 1 and ask you if

you recognize that.

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. What is 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.

1 Q. Okay.

2 A. So are you saying that this guy, Shannon

3 Fitzgerald, received it from me and then on

4 this page right here is the one where the

5 actual examination took place?

6 Q. Right.

7 A. Okay.

8 Q. Is that pretty much the way it looks to

9 you?

10 A. That's the way it appears.

11 Q. Okay. And then let's go to the last page.

12 What is that?

13 A. This is the I guess the findings from

14 the examination.

15 Q. All right. Let's go back to this third,

16 fourth -- yeah, the third page, the

17 certificate of analysis.

18 A. Yeah.

19 Q. What was the result of that analysis as far

20 as you can tell?

21 A. That the analysis of the residue failed to

22 reveal the presence of any controlled

23 substances.

11 (Pages 41 to 44)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 13 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 47 Page 45

1 Q. So they were able to perform an analysis?

2 A. Yes, sir.

3 Q. But simply couldn't fmd any controlled

4 substance?

5 A. Couldn't fmd any controlled substance.

6 Q. And the last page, which is the report of

7 the fmgerprint analysis, what was the

8 fmding there?

9 A. No latent prints of value were found on the

10 evidence.

11 Q. Okay. But Mr. Marshall was in fact charged

12 with possession of controlled substance?

13 A. That's correct.

14 Q. Was he charged with anything else?

15 A. I-don't remember. Pistol without a permit,

16 I think.

17 Q. Had you seen that pistol in Mr. Marshall's

18 possession prior to the time you executed

19 the PIT maneuver?

20 A. No, sir.

21 (Plaintiffs Exhibit 2 was marked

22 for identification.)

23 Q. Let me show you what's marked as

1 Q. Let me show you what I've marked as

2 Plaintiffs Exhibit Number 3 and see if you

3 recognize that.

4 A. Yes, sir.

5 Q. What is that?

6 A. It's a deposition.

7 Q. And what is a deposition used for in this

8 context?

9 A. Probable cause for the clerk to issue a

10 warrant.

11 Q. And this is the deposition relating to

12 possession of controlled substance and

13 pistol without a permit; correct?

14 A. Yes, sir.

15 Q. Who filled out this form?

16 A. I did.

17 Q. Okay. Looking on the second page up at the

18 top where it says complainant, whose

19 signature is that?

20 A. That's my signature.

21 Q. And it says offender attempted to elude DTF

22 agents at the same time throwing drug

23 evidence out the window.

Page 46

1 Plaintiffs Exhibit Number 2 and see if you

2 recognize that. What is that, please?

3 A. It's a warning citation.

4 Q.

 And it was for attempting to elude and no

5 seatbelt; correct?

6 A. That's correct.

7 Q.

 With regard to that seatbelt violation, do

8 you have any idea whether 1971 Chevrolets

9 were even equipped with shoulder harnesses?

10 A. No, sir.

11 Q.

 Okay. So it may well be that shoulder

12 harnesses were not even available as far as

13 you know in 1971?

14 A. As far as I know.

15 MR. MASTERS: Object to the form.

16 A. That's correct.

17 Q.

 And if he had had a seatbelt and not a

18 shoulder harness, would you have been able

19 to see that from your perspective while

20 following him?

21 A. No, sir.

22 (Plaintiffs Exhibit 3 was marked

23 for identification.)

Page 48

1 Going back to what you had said a

2 little earlier. You had said when

3 Mr. Marshall turned onto Highway 21 toward

4 Wilcox County --

5 A. Yes, sir.

6 Q. -- he sped up a little --

7 A. Yes, sir.

8 Q. -- but that his car really was not capable

9 of going very fast?

10 A. No, sir.

11 Q. How fast, if you have a judgment, was

12 Mr. Marshall going at the time that you

13 executed the PIT maneuver?

14 A. I'm not sure.

15 Q. But you weren't exceeding the speed limit?

16 A. I don't remember.

17 Q. But you don't have a sense that you were --

18 as of today -- and since you don't

19 remember, I'm just trying to clarify this.

20 Do you have a sense today that you were in

21 a high speed chase?

22 A. I would say so, yes, sir.

23 Q. Okay. So how high do you think the speed

12 (Pages 45 to 48)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 14 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 49 Page 51

1 was? 1

2 A. I just -- I don't remember. 2

3 Q. So it said attempted to elude DTF agents at 3

4 the same time. Isn't is it true what you 4

5 meant by that was he simply failed to stop? 5

6 MR. MASTERS: Object to the form. 6

7 A. I don't know. I mean, I guess that depends 7

8 on how you look at it. 8

9 Q.

 I guess it does. But he didn't attempt to 9

10 turn on to any other roads and lead you on 10

11 this path through the woods or anything 11

12 like that? 12

13 A. No, sir. 13

14 Q.

 Okay. He simply turned back toward what 14

15 you knew to be his residence? -_____ 15

16 A. Yes, sir. 16

17 MR. MASTERS: Object to the form. 17

18 Q. And it says throwing drug evidence out of 18

19 the window. But at this point you don't 19

20 have any evidence whatsoever that he 20

21 actually threw drug evidence out? 21

22 A. No, sir. 22

23 Q.

 Offender was forced from the roadway onto 23

Page 50

the opposite side of the roadway where his 1

vehicle came to rest. Offender was not 2

wearing seatbelt and was highly 3

belligerent, cursing, very combative, and 4

obviously highly agitated. Have you told 5

me everything about that that you can 6

recall when you described it earlier? 7

A. His demeanor? 8

Q. Yeah. 9

A. Yeah, I guess. I mean, if I could think of 10

a few more words to use, I'd use them. 11

Okay. There also was a passenger in the 12

vehicle. Both individuals were detained 13

and transported to the Lowndes County 14

Detention Facility. And have you told me 15

everything you can recall about their 16

arrest and transportation? 17

A. Yes, sir. 18

(Plaintiffs Exhibit 4 was marked 19

for identification.) 20

Okay. Let me show you what's marked as 21

Plaintiffs Exhibit Number 4. And this is 22

simply a two-page document. Tell me what 23

this is, please.

A. It's the complaint and the warrant.

Q.

 Okay. And this also bears your signature?

A. Yes, sir.

Q.

 Onthefirstpage?

A. Yes, sir.

Q.

 Andon the second page down at the bottom

where it says sheriff, by, is that also

your signature?

A. Yes, sir.

Q.

 And that's simply the document that makes

the charge against Mr. Marshall --

A. That's right.

Q.

 -- on the first page, and on the second

page it's a warrant to arrest him?

A. That's correct.

(Plaintiffs Exhibit 5 was marked

for identification.)

Q.

 Okay. And I think the last thing is

Plaintiffs Exhibit Number 5. Tell me what

that is, please.

A. It's an incidentloffense report.

Q.

 Okay. We've gone through several pieces of

Page 52

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.

A. You mean for a case file or --

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

the paperwork that you have executed on

Mr. Marshall?

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

Q. Right. But other than that.

A. There's an arrest report that's not here.

Q. Okay. Look on the third page of the

exhibit I've just handed you.

A. Okay.

Q. Is that the arrest report?

A. This is the arrest report right here.

Q. Is what you have in these exhibits that

I've given you all of the paperwork you

would have completed on Mr. Marshall?

A. Yes, sir, I believe so.

Q. All right. Let's go to Plaintiffs Exhibit

Number 5. That's a uniform

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Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 15 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 53

1 incident/offense report? 1

2 A. That's right. 2

3 Q. And tell me what that's for. What's the 3

4 purpose of that? 4

5 A. It just lists myself as whoever is making 5

6 out the report, the agency, the charges or 6

7 the incident, the place of occurrence, the 7

8 date and time. And there's an area in here 8

9 where you will list items that will be 9

10 recovered or whatever. And then down at 10

11 the bottom -- underneath that it will list 11

12 the dollar amount for the items recovered, 12

13 vehicle information. 13

14 On the back page is the information for 14

15- the offender or whoever, suspect, and then 15

16 an area for the witnesses, a narrative, and 16

17 then an area for the signature of the 17

18 officer or whoever the complainant is and 18

19 case disposition area. 19

20 Q. And did you fill out these first two 20

21 pages? 21

22 A. Yes, sir. 22

23 Q. And that's your signature at the bottom of 23

Page 54

1 the second page? 1

2 A. Yes, sir. 2

3 Q. And then tell me about this third page, 3

4 which is the Alabama Uniform Arrest Report. 4

5 A. Basically the jail does this. They do this 5

6 in booking. And it has the -- you see the 6

7 defendant's name up at the top, his height, 7

8 weight, color, all of his information, the 8

place -- the occurrence of the arrest and 9

10 the charges and then the officer that did 10

11 the booking. 11

12 Q. And that would be Marilyn Mealing? 12

13 A. That's correct 13

14 Q. Do you know her? 14

15 A. Yes, sir. 15

16 Q. And is that her signature? 16

17 A. I guess it is. 17

18 Q. Have you seen her signature before? 18

19 A. No. 19

20 Q. Okay. Did you retain a copy of this 20

21 Alabama Uniform Arrest Report? 21

22 A. Yes. 22

23 Q. And is this a true and correct copy of that 23

Page5S

arrest report?

A. Yes.

Q.

 And you normally maintain those in your

case file --

A. That's correct.

Q.

 -- in the normal course of business?

A. That's correct.

Q. 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

your statement.

(Plaintiffs Exhibit 6 was marked

for identification.)

A. Yes, sir.

Q. Okay. Let's go through this for just a

second if we could.

A. Okay.

Q. 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?

A. Yes, sir.

Page 56

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

that you wrote the statement?

A. Yes, sir.

Q. This indicates that the incident happened

sometime at about one o'clock this

afternoon --

A. That's right.

Q.

 -- that afternoon.

A. Uh-huh (positive response).

Q. And you say that you were traveling with

Mr. Hutson north on Lowndes County Road 7

and met Mr. Marshall's blue Chevrolet Nova.

A. Yes, sir.

Q. You turned around in an attempt to catch up

with the vehicle.

A. That's correct.

Q. 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?

A. Probable cause for the stop.

Q. But what you really wanted to talk to him

14 (Pages 53 to 56)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 16 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 57 Page 59

1 about was drugs? 1

2 A. That's correct. 2

Q.

 And you placed your blue light on the dash 3

4 to gain the attention of the driver. And 4

5 you pulled beside his vehicle, showed 5

6 badges. It says here we showed the driver 6

7 our badges. Earlier you mentioned that 7

8 Mr. Hutson showed the driver his badge. 8

9 Did you show the driver your badge as well? 9

10 A. If that's what the state -- but it also 10

11 says that the driver looked out the window 11

12 and screamed that he wasn't going to pull 12

13 the vehicle over. 13

14 Q.

 No. The question was, did you show him 14

15

16 A. If that's what the statement says, then I

your badge as well? --

15

16

17 did it. 17

18 Q.

 Do you have any independent recollection of 18

19 showing him your badge? 19

20 A. It's been two years, almost three years. I 20

21 don't -- I can't remember whether I did or 21

22 not. 22

23 Q.

 Fair enough. And it says that he threw 23

Page 58

drug evidence out the window at about the 1

102 mile marker. And if I'm correct, based 2

on the analysis and your recollection of 3

that analysis, there was nothing to 4

indicate it was drug evidence, correct, in 5

the final analysis? 6

A. That's correct. 7

Q. But at that time you thought it was drug 8

residue? 9

A. I still believe that. 10

Q. Okay. Did you do any field tests on that 11

residue? 12

A. No, sir. 13

Q. Have you got the equipment to do field 14

tests? 15

A. Yes, sir. 16

Q. You don't have gas chromatography? 17

A. No, sir. 18

Q. Pursued Mr. Marshall for 2.4 miles. 19

Marshall was still responding violently. 20

Did he ever niake a violent move toward you? 21

A. Where are you at? 22

Q. I'm down here at the -- close to the bottom 23

of the page. I instructed Mr. Marshall to

exit his vehicle and get on the ground.

A. Okay.

Q.

 You see that?

A. Yes.

Q.

 Did he ever make a violent move toward you?

A. No. We had weapons drawn.

Q. Okay. Never attempted to hit you or

anything else?

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

Q.

 Never attempted to run away?

A. No, sir.

Q.

 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.

Q.

 And what does that use of force policy say

about discharging a firearm?

A. I'm not exactly sure.

Q.

 Okay. On the second page it says, again,

that you located and recovered an empty

torn baggy that at one time had contained

Page 60

cocaine. And you've signed that?

A. Yes, sir.

Q.

 Okay. Are you sure that at one time that

it contained cocaine?

MR. MASTERS: Object to the form.

A. Yes, sir.

Q.

 And that is your statement that you wrote

in connection with this case?

A. Yes, sir.

Q. How were you dressed that day?

A. I don't remember.

Q.

 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?

A. Probably.

Q.

 Okay. And the drug task force operates in

some cases undercover; correct?

A. That's correct.

Q.

 You operate in plain clothes?

A. That's correct.

MR. LEWIS: Let me have about five

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Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 17 of 24
Deposition of Christopher West Marshall vs. West; Hutson January21, 2008

Page 61

1 minutes, Daryl. 1

2 MR. MASTERS. That's fme. Take 2

3 whatever time you need. 3

4 (A brief recess was taken.) 4

5 Q. (Mr. Lewis continuing:) I have just a 5

6 couple more questions 6

7 Did you fill out a use of force report 7

8 form following the discharge of your 8

9 weapon? 9

10 A. At that time I don't believe our department 10

11 had one. And I still don't believe we had 11

12 one, but what I did do was I did a 12

13 statement and gave it to the sheriff. 13

14 Q. Is that this statement that we've just 14

15 seen? 15

16 A. I think it's the same statement 16

17 Q. Were you reprimanded in any way for doing 17

18 that? 18

19 A. No, sir. 19

20 Q.

 Have you ever been reprimanded during your 20

21 period with the Lowndes County Sheriffs 21

22 Office? 22

23 A. Not one time. 23

Page 62

Page 63

CHRISTOPHER WEST

who was duly sworn by me to speak the truth, the

whole truth and nothing but the truth, in the

matter of:

RICHARD MARSHALL,

Plaintiff,

vs.

CHRIS WEST, in his individual

Capacity, LASHUN HUTSON, in his

Individual capacity,

Defendants.

N THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

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

on January 21,2008.

The foregoing 62 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 of

same is hereby waived.

I further certify that I am neither of

kin nor of counsel to the parties to said cause nor

Page 64

1 in any manner interested in the results thereof.

2 This 6th day of February 2008.

3

4

5

Tracye Sadler Blackwell

ri ACCRNo. 294

Expiration date: 9-30-2008

7 Certified Court Reporter

and Commissioner for the State

8 of Alabama at Large

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1 Q. Are you aware of any citizen complaints

2 against you that were investigated?

3 A. I'm sure citizens have complained.

4 MIR. LEWIS: I believe that's all I

5 have. Thank you.

6

7 (Deposition concluded at

8 approximately 10:35 a.m.)

9

10

11 **********

12 FURTHER DEPONENT SAITH NOT

13

14

15 REPORTER'S CERTIFICATE

16

17 STATE OF ALABAMA:

18 MONTGOMERY COUNTY:

19

20 I, Tracye Sadler Blackwell, Certified

21 Court Reporter and Commissioner for the State of

22 Alabama at Large, do hereby certify that I reported

23 the deposition of:

16 (Pages 61 to 64)

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 18 of 24
Marshall vs. West; Hutson January 21, 2008 Deposition of Christopher West

A

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

Page 2

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Deposit9:17 15:2341:1047:22 executed45:1848:13 9:959:16,1860:18 gottenl8:8

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 20 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 3

grabbed 33:4,5,6

graduate 10:15

graduated 9:21

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Marshall's 14:17,21

16:14 18:17 19:7,15

28:13 29:13 32:5

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 21 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 4

39:2 1 40:2 45:17

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61:6

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 22 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 5

quote 41:2

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sound 32:9

source 17:20,21

south 2:5 23:6

speak 5:8 15:10 63:2

specific 31:5

sped 48:6

speed 20:13,14,15,17

48: 15,2 1,23

speeds 23:17

sprung 40:9

standing 32:12,13

34:14

state 1:18 3:22 57:10

62:17,21 64:7

statement 3:10 39:11

39:12 52:10 55:9,12

56:2 57:16 60:7

61: 13, 14,16

STATES 1:2 63:12

Statute 4:6,12

Stewart 5:13

stffl25:5 33:2 37:14,15

39:22 58:10,20 61:11

stipulated 3:16 4:7,14

stipulation 1:16

stipulations 3:15 5:2

stop49:5 56:22

stopped 27:16 40:4

store 40:11,12

Street 2:5

strobe 26:23

strobes 20:23

stuff 11:5 34:3 36:11

submission 42:12,14,16

43:2,20

Submission/Analysis

3:5

substance 45:4,5,12

47:12

substances 44:23

sufficient 41:17,20

Suite 2:13

supposed 14:13

sure 11:12 16:21 18:19

48:14 59:20 60:3

62:3

suspect 53:15

sweating 26:4

Sweet 34:1

swerves 25:11

Swisher 34:1

sworn 5:7 63:2

T

tactical 8:20

take 11:11 19:7 35:2

61:2

taken 1:15 3:18,20

11:13 18:12 19:10

39:19 61:4

talk 56:23

talked 39:9

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 23 of 24
Deposition of Christopher West Marshall vs. West; Hutson January 21, 2008

Page 6

talking 39:10

task 6:10,11,16,20,20

7:7,13,16 8:2,6,11,14

9:9 60:18

technique 29:9,10

tell 5:12 6:15 11:2

21:19 24:19 25:1

31:10 32:14 39:7

41:2 44:20 50:23

5 1:20 52:2 53:3 54:3

Ten 11:10

testified 5:9

tests 58:1145

Thank 62:5

their 50:16

thereof 64:1

thing 10:23 32:8 51:19

55:20

things 31:7

think 5:18 6:6 16:9,9

18:20 22:2 25:13

28:6 30:18 33:12

34:1,5,20 39:3,3,21

40:4,6,7,18 45:16

48:23 50:10 51:19

55:19 61:16

thinking 25:4

third 44:15,16 52:13

54:3

though 21:14

thought 28:15 58:8

three 7:15 43:18 57:20

three-county 7:4

threw 31:8 49:21 57:23

through 6:22 7:1 49:11

51:23 55:16

throwing 47:22 49:18

thrown 40:6

throws 24:2

time 4:3,3 15:6,14,17

15:20 17:21 18:7,12

18:14 19:12 20:8,21

31:2 37:12 38:13,15

39:16 40:18 45:18

47:22 48:12 49:4

53:8 56:1,1 58:8

59:23 60:3,16 61:3

61:10,23

times 25:4 32:15,16

tire 40:8,10,13

today 12:2 17:8 48:18

48:20 55:20

together 12:17 39:20

told 39:12 50:5,15

top 47:18 54:7

torn 59:23

toward 19:6 23:3,8,13

23:22,23 30:9,16

48:3 49:14 58:21

59:6

Town 13:6,9 21:10

Tracye 1:16 3:20 62:20

64:5

traffic 34:18

trail 15:9

training 10:17 11:15

trans 36:16

transcript 63:18

transportation 50:17

transported 39:17

50:14

transports 35:2

traveling 56:10

trial 4:10

trouble 38:3

true 49:4 54:23 63:18

truth 5:8,8,9 63:2,3,3

try 24:8

trying 34:5,11,13 48:19

turn 8:1 23:5,19,21

29:19,20 35:16 49:10

turned 15:9 19:17 23:2

35:19,21 48:3 49:14

56:14

two 53:20 57:20

two-day 11:4

two-lane 28:23

two-page 50:23

type 17:6 21:12

U

Uh-huh 23:14 56:9

undercover 60:19

underneath 53:11

understand 6:11 27:1

understood 39:13

underwear 34:11

uniform 3:9 52:23 54:4

54:2 1

unit 35:1,1 36:19,21

37:1,4 40:1

UNITED 1:2 63:12

use 50:11,11 59:15,18

61:7

used 4:5,11 47:7

using 3 1:5

Usual 5:1

V

value 45:9

vehicle 13:13 16:7 17:6

19:15,16,18 20:3,4

21:9,21 22:1,22 25:3

25:11,15,15,18,19,20

26:2 33:17 35:6

37:11 50:2,13 53:13

56:15,17 57:5,13

59:2, 10

vehicles 16:6

very 22:10,11 33:7,9

48:9 50:4

violation 46:7

violent 58:21 59:6

violently 58:20

vs 1:8 63:7

waived 4:10,17 63:21

waiving 4:13

wallet 35:11

want 11:4 39:11

wanted 56:23

wanting 33:9

warning 3:6 19:23 46:3

warrant 3:8 17:22 18:8

18:10 38:21 47:10

5 1:2, 15

wasn't 15:1 20:16

57:12

way 8:20 18:15 31:10

44:8,10 61:17

weapon 32:19 33:2,3

59:13 61:9

weapons 25:23 30:21

35:9 36:2,9 59:7

wearing 50:3 56:19

60: 14,15

Webb 1:19 2:9

weeks 11:10,16

weight 54:8

well 19:16 20:11 28:9

36:6 46:11 57:9,15

went 12:5 15:4,7 18:4

38:14 40:13,18

were 12:6 13:1,3,9,11

13:22 16:13,14,22

17:4 19:1,2,12 20:8

20:23 21:11 26:4,8,8

35:5 40:10 41:5,15

45:1,9 46:9,12 48:17

48:20 50:13 56:10,19

60:10,13,13 61:17

62:2

weren't 41:7,11 48:15

West 1:9,15 3:11,18

5:6,13,14 63:1,8

West's 28:11

we'll 28:9

we're 6:21 12:2 17:23

22:7 43:9 55:20

59:10

we've 19:22 22:14

30:18 42:7 51:23

6 1:14

whatsoever 49:20

When's 38:13

while 40:13 46:19

whole 5:8 63:3

wider 23:18

Wilcox 23:23 24:12

30:9,10 48:4

window 24:2,10 32:5

47:23 49:19 57:11

58:1

windows 22:1

windshield 24:3

witness 4:15,16 5:7

27:6,23 28:5 36:5

63:19

witnesses 53:16

woods 49:11

words 43:15 50:11

work 6:5 12:5

working 12:6 20:21

wrist25:18

wrong 29:16

wrote 55:9 56:2 60:7

yards 15:8 24:1

yeah 11:6 23:7 26:10

28:21 44:16,18 50:9

50:10 52:7,7

year 7:5 10:11,12 13:7

years 5:18 24:5 57:20

57:20

yelled 30:21

yelling 22:10 24:16

25:6 32:14

y'all 22:18 31:6,6

1 3:5 42:4,5,8,13

10 6:6

10:35 62:8

102 58:2

115:18

125:18 6:6

12-volt 20:1

1971 46:8,13

1986 10:18

2

23:642:1545:21 46:1

2nd 6:16

2.4 58:19

2:06-cv-701-m.CSC

1:8 63:15

2039:15

2005 11:22 55:21

2008 1:20 63:16 64:2

21 1:20 14:22 19:3,4

23:8,13,16,19 48:3

63:16

214 9:17,18

235 9:17

28th 11:21 55:21

294 64:6

3

3 3:7 46:22 47:2

3039:15

300 2:13

357 33:18,19

36106 2:14

36117 2:11

43:8 50:19,22

4001 2:14

42 3:5

46 3:6

47 3:7

53:2,9 5 1:17,20 52:23

50 24:1

513:8

523:9

55 3: 10

6

63:1055:11,13

6th 64:2

6-28-05 3:10

6263:17

7

7 19:2,8,12 23:2,6,10

23:11 56:11

7:32 56:1

7475 1:19 2:10

75 24:1

8

847 2:5

86 10:16

9

9-30-2008 64:6

9:10 1:21

Case 2:06-cv-00701-ID-CSC Document 30-3 Filed 02/12/2008 Page 24 of 24
DEPOSITION OF G. LASHIJN HUTSON

January 21, 2008

Pages 1 through 38

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

566 South Perry Street

Post Office Box 62

Montgomery, AL 36104

Phone: (334) 263-4455

Fax: (334) 263-9167

E-mail: hais1ipragancharter.net

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 1 of 16
Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 2 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 3 Page 1 I

1

2 IN THE UNITED STATES DISTRICT COURT

3 FOR THE MIDDLE DISTRICT OF ALABAMA

4 NORTHERN DIVISION

5

6 RICHARD MARSHALL,

7 Plaintiff,

8 vs. CIVIL ACTION NO.

2:06-cv-701-ID.CSC

9

CHIllS WEST, in his individual

10 capacity, LASHUN HUTSON, in his

individual capacity,

11

Defendants.

12

13

14

15 DEPOSITION OF G. LASHUN HUTSON, taken

16 pursuant to stipulation and agreement before Tracye

17 Sadler Blackwell, Certified Court Reporter and

18 Commissioner for the State of Alabama at Large, in

19 the Law Offices of Webb & Eley, 7475 Halcyon Pointe

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

21 commencing at approximately 10:40 a.m.

22

23

Page 2

1 APPEARANCES

2

3 ON BEHALF OF THE PLAINTIFF:

4 Mr. Jay Lewis

Law Offices of Jay Lewis

5 Attorney at Law

847 South McDonough Street

6 Montgomeiy, Alabama

7

8 ON BEHALF OF THE DEFENDANTS:

9 Mr. Daiyl L. Masters

WEBB & ELEY, P.C.

10 Attorneys at Law

7475 Halcyon Pointe Drive

11 Montgomery,AL 36117

12 Mr. Rick A. Howard

NIX, HOLTSFORD, GILLILAND, HIGGINS & HITSON

13 Attorneys at Law

Suite 300

14 4001 Carmichael Road

Montgomeiy, AL 36106

15

16

ALSO PRESENT:

17

Mr. Christopher West

18

19

20

21

22

23

EXAMINATION INDEX

2

3 BYMR. LEWIS ........... 5

4

5

PLAINTIFFS EXHIBIT

6

7 7 6-28-05 Statement Form of Lashun Hutton 34

8

9

10

11

12

STIPULATIONS

13

It is hereby stipulated and agreed by and

14

between counsel representing the parties that the

15

deposition of G. LASHUN HUTSON is taken pursuant to

16

the Federal Rules of Civil Procedure and that said

17

deposition may be taken before Tracye Sadler

18

Blackwell, Certified Court Reporter and

19

Commissioner for the State of Alabama at Large,

20

without the formality of a commission, that

21

objections to questions other than objections as to

22

the form of the question need not be made at this

23

Page 4 I

1 as the said deposition may be offered in evidence

2 or used for any other purpose by either party

3 provided for by the Statute.

4 It is further stipulated and agreed by and

5 between counsel representing the parties in this

6 case that the filing of said deposition is hereby

7 waived and may be introduced at the trial of this

8 case or used in any other manner by either party

9 hereto provided for by the Statute regardless of

10 the waiving of the filing of the same.

11 It is further stipulated and agreed by and

12 between the parties hereto and the witness that the

13 signature of the witness to this deposition is

14 hereby waived.

15

16 *************

17

18 THE COURT REPORTER: Usual

19 stipulations?

20 MR. HOWARD: Sure.

21 MR. MASTERS: Sure.

22

23

1 (Pages 1 to 4)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 3 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

Page 5 Page 7

G. LASHUN HUTSON 1

The witness, after having first been duly sworn 2

to speak the truth, the whole truth, and nothing 3

but the truth, testified as follows: 4

EXAMINATION 5

BY MR. LEWIS: 6

Q. Tell us your name, please. 7

A. G. Lashun Hutson. 8

Q. Mr. Hutson, how are you employed? 9

A. Lowndes County Sheriffs Department. 10

Q.

 And what's your position there? 11

A. Sheriffs deputy. 12

Q. Do you have any particular rank? 13

A. No. 14

Q.

 On June 28th, 2005, where were you 15

employed? 16

A. 2nd Judicial Drug Task Force. 17

Q.

 Were you employed with any city police 18

agency? 19

A. Hayneville Police, yes, sir. 20

Q.

 But now you're with the Lowndes County 21

Sheriff s Office? 22

A. Uh-huh (positive response). 23

Page 6

1 Q.

 You're going to have to say yes or no. 1

2 A. Yes. 2

3 Q. Okay. Tell me about your educational 3

4 background. 4

5 A. My educational background? 5

6 Q. Yeah. 6

7 A. High school graduate. I've got some 7

8 college. Marine Corps. I've got a lot of 8

9 training from there. 9

10 Q.

 How much college? 10

11 A. Couple of semesters. 11

12 Q.

 When did you graduate from high school? 12

13 A. '77. 13

14 Q.

 All right Have you been to any advanced 14

15 law enforcement training? 15

16 A. I've been to a few. 16

17 Q.

 All right. Have you been to the FBI 17

18 Academy at Quantico? 18

19 A. No. 19

20 Q. Any law enforcement experience outside of 20

21 the academy that's required for POST 21

22 certification, any long-term -- by that I 22

23 mean over six weeks -- courses in law 23

enforcement?

A. Not over six weeks Some two-week

courses. No six-week courses.

Q.

 Do you have any particular certifications

in any special branch of law enforcement?

A. Drug enforcement

Q.

 How did you get your training for drug

enforcement?

A. The academy in Mississippi.

Q.

 How long a course was that?

A. I think that course is three weeks, two

weeks.

Q.

 When did you go to that?

A. About three and a half years ago.

Q. Okay. And what's your address?

A. My work address or --

Q. Physical, home address.

A. It's going to be 3716 Fieldcrest Drive.

Q.

 3716--

A. 16.

Q.

 -- Fieldcrest?

A. Uh-huh (positive response).

Q.

 And what city is that?

Page 8

A. Montgomeiy.

Q. Is that in the Fieldcrest Apartments?

A. No. Those are houses.

Q.

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

A. 9-21-58.

Q.

 And did you tell me when you graduated from

high school?

A. 1977.

Q. And what college have you attended?

A. Albany State.

Q. Where?

A. Albany State in Georgia.

Q. 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?

A. 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.

Q.

 And in 1998 what agency did you work for?

A. Sheriffs department. Lowndes County

2 (Pages 5 to 8)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 4 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 9 Page 11

1 Sheriffs Department.

2 Q. How long did you stay with Lowndes County

3 Sheriffs Office?

4 A. About two years, three years. I can't

5 remember.

6 Q. Where did you go from there?

7 A. Hayneville Police Department.

8 Q. And did you remain at the Hayneville Police

9 Department from the time you left the

.10 sheriffs office until the time you

11 returned to the sheriffs office?

12 A. Right.

13 Q. So that would have -- when did you return

14 to the sheriffs office?

15 A. I can't give you the -- I don't -- I don't

16 know.

17 Q. But during 2005 you were still with

18 Hayneville Police Department?

19 A. Right.

20 Q. All right. Are you familiar with the use

21 of force policy of the Lowndes County

22 Sheriffs Office?

23 A. I'm not familiar with it, but I think they

Page 10

1 have one.

2 Q.

 All right. Have you ever filled out a use

3 of force report?

4 A. No.

5 Q.

 Tell me what you were doing on June 28th,

6 2005, which we all agree is the date of the

7 incident involving Mr. Marshall.

8 A. What I was doing at what time?

9 Q.

 Well, starting early in that day what were

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

11 doing?

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

13 Q.

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

14 leave the sheriffs office?

15 A. You mean the DTF office?

16 Q.

 I'm sorry. The DTF office.

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

18 Q.

 And the DTF office is a separate facility;

19 correct?

20 A. Correct.

21 Q.

 And where is the DTF office?

22 A. It's down the street from the sheriffs

23 office.

1 Q. In Hayneville?

2 A. In Hayneville.

3 Q. Do you recall who else was on duty that day

4 with the DTF?

5 By DTF, I mean drug task force.

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

7 was off. That would be up to Lieutenant

8 West. But I was on and Lieutenant West was

9 on.

10 Q. Do you recall why you left the DTF office?

11 A. I probably left more than one time. But

12 the last time I left it was with Lieutenant

13 West.

14 Q. All right. What did you leave in?

15 A. We left in a blue Lincoln.

16 Q. What was the purpose of leaving with

17 Mr. West?

18 A. We were going to a gentleman's house by the

19 name of-- I know him as "Blood." You guys

20 keep calling him Mr. Marshall -- that lives

21 up in the -- south of Hayneville.

22 Q. Did you know Mr. Marshall?

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

Page 12

1 Q. Had you met him?

2 A. Not yet.

3 Q. Okay. So prior to the time that you went

4 out with Mr. West you had not had any law

5 enforcement contact with Mr. Marshall?

6 A. No, I hadn't.

7 Q. Do you know why you were going out looking

8 for Mr. Marshall?

9 A. I was going with Lieutenant West. He

10 needed to talk to him.

11 Q. You didn't have any independent knowledge

12 of why you were out there?

13 A. No. I had an inkling why we were out

14 there, but as far as specifics, no.

15 Q. All right. What was that iniding?

16 A. Dope.

17 Q. Had you personally received any information

18 about Mr. Marshall and any dope?

19 A. I had heard his name.

20 Q. In connection with what?

21 A. In connection with the sale of drugs.

22 Q. From whom did you hear his name?

23 A. People.

3 (Pages 9 to 12)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 5 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 15 Page 13

1 Q. You want to elaborate on that?

2 A. No.

3 Q. Do you recall what people you heard talking

4 about Mr. Marshall with drugs?

5 A. People in that line of business.

6 Q. And what people are you talking about?

7 A. People I may have arrested that wanted to

8 help themselves out.

9 Q. Do you have any specific names of people?

10 A. No.

11 Q. All right. So you leave with

12 Mr. Marshall. Tell me what happens then.

13 A. Lieutenant and I, we go to Mr. Marshall's

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

15 Nobody came to the door. We left and we

16 was having a conversation on the way back

17 about a little community I was familiar

18 with called Casey.

19 Q. Is that C-A-S-E-Y?

20 A. Correct.

21 Q. And what did you tell Mr. Marshall about --

22 I mean, Mr. West about the Casey community?

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

1 to arrest Mr. Marshall?

2 A. No.

3 Q. Since this incident have you had occasion

4 to know whether Mr. Marshall has been

5 arrested by anybody else?

6 A. No.

7 Q. So you see a blue Chevrolet Nova after

8 Mr. West says there's his car or there he

9 is?

10 A. Uh-huh (, positive response).

11 Q. Okay. What happens then?

12 A. Lieutenant goes down. We pass each other.

13 Lieutenant turns around and we come back up

14 behind him to make a stop.

15 Q. And what was your purpose for making a

16 stop?

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

18 West told you his probable cause was for

19 stopping him.

20 Q. Did you see any probable cause for making a

21 stop?

22 A. I wasn't driving.

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

Page 14

1 said, it's right down on County Road 7. I 1

2 said, he might be down there. And so we 2

3 were going to head down there. I was 3

4 looking for another individual. And as we 4

5 were going down County Road 7, Lieutenant 5

6 perks up and said, there he goes right 6

7 there. And I'm looking and I see the blue 7

8 Nova coming at us. 8

9 Q. Who is driving the car? 9

10 A. Which car? 10

11 Q. Your car. 11

12 A. Lieutenant West. 12

13 Q. All right. What reason did you have to 13

believe that Mr. Marshall might be at the 14

15 Casey community? 15

16 A. I've heard his name in the community of the 16

17 drug community that he's a drug dealer and 17

18 he, you know, frequents different 18

19 communities and Casey was one of them. 19

20 Other than this incident on June 28th, 20

21 2005, have you ever arrested Mr. Marshall? 21

22 A. No. 22

23 Q. Since this incident have you had occasion 23

Page 16

any probable cause for making a stop?

A. I wasn't driving.

Q.

 Let me rephrase the question.

A. Okay.

Q.

 Did you see any probable cause for making a

stop?

A. 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

were you looking? Just answer

his question.

A. 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.

Q.

 So you didn't see any probable cause

because you weren't looking for any?

A. Right.

Q.

 Okay. So if there was probable cause

determined, it was Mr. West who determined

it?

A. Correct.

Q.

 Okay. You said that you looked and you saw

that it was Mr. Marshall?

4 (Pages 13 to 16)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 6 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 17 Page 19

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

1

2

3

4

5

6

7

8

9

1 0

11

12

13

14

15

16

17 -

18

19

20

21

22

23

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.

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

A. No.

Q. Because you had never met Mr. Marshall?

A. No.

Q. All right. So Lieutenant West 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.

Q. How fast was that Nova going?

A. I would have guessed the speed limit.

Q. Did he speed up after you pulled in behind

it?

A. Once we got on 21 he did.

Q. But he didn't until you got to 21?

A. No.

Q. All right. What happened after you pulled

in behind him?

Page 18

A. I looked --just looked in the car just to 1

see -- nobody was moving and Lieutenant 2

said, go ahead and light them up. 3

Q. And what did you take that to mean? 4

A. Turn the blue light on. 5

Q. Did you do that? 6

A. Yes. 7

Q. That car doesn't have built-in blue lights? 8

A. No. 9

Q. You had a portable blue light? 10

A. Had a portable blue light. 11

Q. Like anybody could buy? 12

A. Any law enforcement agency could buy. 13

Q. All right. And where did you put that blue 14

light? 15

A. I put it on the dash initially. 16

Q. Okay. And what happened then? 17

A. Mr. Marshall looked in his rear-view 18

mirror, he looked down in his side mirror, 19

and he just kept driving. 20

At some point did your car pull up next to 21

his car while you were still on County 22

Road 7? 23

A. Yes. We had came out of the curve. When

we got on the straightaway, Lieutenant got

to the side of them.

Q. What, if anything, 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.

Q. 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 21.

All right. Which way did Mr. Marshall

turn?

A. He turned right.

Q. And that's headed toward Wilcox County?

A. South on 21, yes.

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

larger highway?

Page 20

A. You could say larger.

Q.

 Still two-lane?

A. Correct.

Q. Okay. What happened then?

A. We continued behind him. LT found a spot.

He got beside him again. And I reached up.

I got the light off of the dash. It's

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 LI 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.

Q.

 What were you wearing?

A. I can't tell you exactly what I was

wearing.

Q.

 Civilian clothes?

A. Probably.

Q.

 Was that just a blue light or was it a

blue-and-white light?

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

Page Page 23 21

It's a blue light.

Blue light. All right. So after he did

not pull over, what did you do then?

A. I told LI 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.

Q. At any point did you display a weapon --

A. No.

Q. -- at the time you were driving?

A. No.

Q. All right. So Lieutenant West -- and when

you say LI, you're talldng about Lieutenant

West?

A. I'm talking about Lieutenant West.

Q. Okay. Lieutenant West pulls back behind

him; correct?

A. Correct.

Q. What's the next thing that happens?

A. We come up on a cattle 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 "pitted" him, you're

Page 22

talldng about executing a precision 1

intervention technique? 2

A. If that's what you're calling it now. 3

Q.

 Well, what do you call it? 4

A. I don't call it anything. 5

Q. Okay. You just "pitted" him? 6

A. Right. 7

Q.

 And basically that's hitting the driver's 8

side fender of his car with the front 9

passenger's side bumper or fender of your 10

car? 11

A. You can do it that way or vice versa. 12

Q.

 Well, which way was it done this time? 13

A. The way you just stated. 14

Q. Okay. And it spun his car out? 15

A. Correct. 16

Q.

 He ended up going the opposite direction on 17

the other side of the road? 18

A. On the shoulder, yes. 19

Q.

 Did you observe anything else while you 20

were driving down the road behind 21

Mr. Marshall? 22

A. I observed his hand when it came out of the 23

window and when he tossed something. It

hit our windshield to be exact

Q. And did you identify what it was at that

time?

A. Not at that time, no.

Q. 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.

Q. Had you been going at any time prior to

that faster than the speed limit?

A. Yes.

Q. How fast would you say is the fastest you

were going?

A. If I had to guess and it's purely a

guess -- I would say about 70.

Q. Okay. And the speed limit on that road

is--

A. 55.

Q. 55. Okay.

All right So setting the scene, we've

now got Mr. Marshall's car on the shoulder

of the road facing back toward Hayneville,

Page 24

and Lieutenant West pulls his car so it's

angled toward Mr. Marshall's car?

A. Correct.

Q.

 What did you do then?

A. We both exited the vehicles, but we stayed

behind the doors for protection.

Q.

 What did you say, if anything?

A. Lieutenant was yelling to the driver. I

just yelled to the passenger, passenger,

don't move.

Q.

 And did the passenger move?

A. No. He sat there like a statue.

Q.

 And did the driver move?

A. Yes.

Q.

 And what was Mr. West yelling to the

driver?

A. He told him to exit the vehicle and get on

the ground.

Q.

 All right What, if anything, did Mr. West

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

that?

A. He opened the door. He got out, but he

stayed between the door and his vehicle.

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Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 8 of 16
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Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

Page 27 Page 25

1 So he obeyed the command to get out of the

2 car?

3 A. Yes.

4 Q. Was he saying anything at that time?

5 A. He was cursing, being very belligerent.

6 Q. What, if anything, did Mr. West do?

7 A. He kept yelling the order for him to get on

8 the ground.

9 Q. All right. Did he take any other action?

10 A. Did who take any action?

11 Q. Mr. West.

12 A. He kept yelling for Mr. Marshall to get on

13 the ground.

14 Q. All right. Did he fire his weapon?

15 A. Yes.

16 Q. In what direction did he fire his weapon?

17 A. In Mr. Marshall's direction but into the

18 ground.

19 Q. And at that time were you looking at the

20 passenger or were you looking at

21 Mr. Marshall? Where were you looking?

22 A. My angle, I could see them both. I could

23 look at Mr. Marshall and right past him I

close enough to him where he could put his

hands on him, he put him on the ground.

At some point did his pants come off? Did

Mr. Marshall's pants come off?

During the tussle with the lieutenant they

did.

Did you see Mr. Marshall ever take a swing

at the lieutenant, ever try to run away,

anything like that?

Nothing like that, no.

So Mr. Marshall ends up on the ground with

his hands behind him cuffed?

After Lieutenant put his hands behind him

cuffed.

Right. And what's happening with the

passenger all this time?

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

still sitting there like a statue.

At any time did you feel the need to go to

the aid of the lieutenant?

No. He was doing pretty good.

All right. At what point did the passenger

emerge from the vehicle?

Page 26

1 could see the passenger.

2 All right. And after Mr. West fired the

3 shot, what, if anything, did Mr. Marshall

4 do?

5 A. It froze him. Because Mr. Marshall was

6 reaching back into his vehicle, and I

7 believe that's the reason Lieutenant fired

8 his weapon. When he fired the weapon, it

9 froze Mr. Marshall, and he came out.

10 Because I don't think he expected that to

11 happen, so it froze him.

12 L!1 So you're holding your hands up. He came

13 out with his hands up?

14 Yeah, one on the window of the car and he

15 had the other one like stunned.

16 Q. Upintheair?

17 A. (Witness nods head.)

18 Q. Yes?

19 A. Yes.

20 Q. Did he get on the ground then?

21 A. No.

22 Q. What happened?

23 A. Lieutenant approached him, and once he got

Page 28

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 ifwe searched it later. But we

looked in it enough to see that there was a

.357 on the seat, bullets on the floorboard

and in the ashtray.

Do you recall whether or not, whether you

searched it at the scene or you searched it

7 (Pages 25 to 28)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 9 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

Page 29 Page 31

1 later, you found anything else of 1

contraband nature? 2

A. Nothing that I can think of, no, sir. 3

Q. Just kind of cutting to the chase, did you 4

see Mr. West serve Mr. Marshall? 5

A. I saw him pat him down. 6

Q. Did you see him remove anything from his 7

pants? 8

A. No. 9

Q. Did you see him remove any money? 10

A. No. 11

Q. Were you watching him enough to know 12

whether or not he removed any money? 13

A. I watched him enough to know that he had 14

him secured so I could go secure the 15

passenger. 16

Q.

 So there was a period of time that you just 17

lost sight of what Mr. West and 18

Mr. Marshall were doing? 19

A. Yes. 20

Q.

 Because you were concentrating on the 21

passenger? 22

A. Correct. 23

Page 30

1 Q.

 I think we've already heard that at that 1

2 point Mr. West called for a transportation 2

3 unit, a marked unit, and that another 3

4 deputy came, took Mr. Marshall away, and 4

5 the passenger rode with you; is that 5

6 correct? 6

7 A. No. 7

8 Q. Okay. Tell me what happened. 8

9 A. The passenger rode with the lieutenant. I 9

10 drove the Nova. 10

11 Q. Okay. All right. Following the incident 11

12 at which Mr. Marshall was handcuffed, did 12

13 you see Mr. Marshall become violent in any 13

14 way? 14

15 A. While the lieutenant was in the car, he had 15

16 gotten back up off the ground. And I told 16

17 him -- I said, get back on the ground. And 17

18 I had to go over and put him back on the 18

19 ground. 19

20 Q.

 But he didn't attempt to run away? 20

21 A. I don't know if he was attempting to run 21

22 away or not, but he got up. 22

23 Q.

 But you walked over to him and put him back 23

on the ground?

A. Right.

Q. And could that have been while the

lieutenant was searching the vehicle?

A. The lieutenant was leaned over in the

vehicle, yes.

Q. On the way back to the sheriffs office

what, if anything, happened?

A. Happened with me?

Q. Yeah.

A. Nothing happened with me.

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

A. 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.

Q. Did you assist in the roadside search for

any contraband?

A. Yes.

Q. And was any contraband located?

A. We located a corner-tom baggy.

Q. And describe that baggy for me.

A. A sandwich bag where you would take the

Page 32

corner end and tear it off and tie a knot

in it. That's what it looked like.

Q. And who took custody of that?

A. The lieutenant did.

Q. During that period of time was the

passenger in Mr. Marshall's vehicle still

in the lieutenant's vehicle?

A. I can't recall.

Q.

 Did you have any role in booking

Mr. Marshall or the passenger?

A.No.

Q.

 You delivered the passenger where?

A. I didn't deliver the passenger.

Q.

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

A. Uh-huh (positive response).

Q.

 What did you do with the vehicle?

A. I parked it in front of the jail.

Q.

 Do you know whether or not that vehicle was

moved during the period of time that

Mr. Marshall was in jail?

A. Lieutenant came out from where I had parked

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

a secure gate there that locks, and he told

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Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 10 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 33 Page 35

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

2 the only other incident of it being moved

3 from where I originally parked it.

4 Do you know whether that car was driven

5 during any time other than that while

6 Mr. Marshall was incarcerated?

7 A. No.

8 Q. Did that Chevrolet Nova have shoulder

9 harnesses?

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

11 Q. All right. I have shown you what's marked

12 as Plaintiffs --

13 (Brief intemption.)

14 (Plaintiffs Exhibit 7 was marked

1.5 for identification.)

16 IiI I'll show you this one instead of that

17 one. Do you recognize what I've marked as

18 Plaintiffs Exhibit Number 7?

19 A. Uh-huh (positive response). Yes.

20 Q. Turn to the second page of that. Whose

21 signature is that?

22 A. That's mine.

23 Q. And did you write this yourself?

Page 34

1 A. Yes.

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

3 at it for just a second.

4 About two-thirds down the front page it

5 indicates that Mr. Marshall accelerated at

6 one point throwing something from the

7 driver's side window that was later found

8 to be drug evidence between the 102 and 104

9 mile marker.

10 A. Uh-huh (positive response).

11 Q. Did you later discover that there was no

12 drug residue found in that baggy?

13 A. Yes. Later, after Lieutenant had got the

14 analysis back from forensics, he told me

15 that it turned out to be no evidence in it.

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

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

18 of force form with regard to any activity

19 in which you engaged on June 28th, 2005?

20 A. No.

21 Q. Is there a policy of the drug task force

22 that such reports be filled out?

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

1 a policy -- we would put it in our

2 statement.

3 Q. So this Plaintiffs Exhibit Number 7 would

4 constitute any report that you would be

5 required to file?

6 A. If I had used force.

7 Q. Were you reprimanded for anything that

8 happened on that date?

9 A. No.

10 Q. Have you ever been reprimanded by the

11 Lowndes County Sheriffs Office?

12 A. Yes.

13 Q. For what?

14 A. Oh, I can't remember. It was during

15 Sheriff Varner's time.

16 Q. You can't recall anything that you were

17 reprimanded for?

18 A. Once about a radio. That's -- not

19 answering the radio or the radio not being

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

21 though.

22 Q. Anything having to do with citizen

23 complaints?

Page 36

1 A. I'm pretty sure some citizens have

2 complained.

3 Q. But were you ever disciplined in connection

4 with citizen complaints?

5 A. No. No.

6 Q. Has your POST certification ever been

7 suspended?

8 A. No.

9 MR. LEWIS: Give us a minute.

10 (A brief recess was taken.)

11 Q. (Mr. Lewis continuing:) Did you have

12 any -- and I may have asked this already.

13 Did you have any part to play other

14 than writing that statement that's been

15 marked as Plaintiffs Exhibit Number 7 in

16 the booking or prosecution of Mr. Marshall?

17 A. No, sir.

18 Q. Did you appear at court in connection with

19 a case against Mr. Marshall?

20 A. No.

21 MR. LEWIS: That's all I have.

22 (Deposition concluded at

23 approximately 11: 15 a.m.)

9 (Pages 33 to 36)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 11 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January21, 2008

Page 37

1

2 FURTHER DEPONENT SAITH NOT

3

**********

4 REPORTER'S CERTIFICATE

5 STATE OF ALABAMA:

6 MONTGOMERY COUNTY:

7 I, Tracye Sadler Blackwell, Certified

8 Court Reporter and Commissioner for the State of

9 Alabama at Large, do hereby certify that I reported

10 the deposition of:

11 G. LASHUN HUTSON

12 who was duly sworn 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,

17 vs.

18 CHRIS WEST, iti his individual

19 Capacity, LAS}{UN HUTSON, in his

20 Individual capacity,

21 Defendants.

22 IN THE UNITED STATES DISTRICT COURT

23 FOR THE MIDDLE DISTRICT OF ALABAMA

Page 38

1 NORTHERN DIVISION

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

3 onJanuary2l,2008.

4 The foregoing 37 computer-printed pages

5 contain a true and correct transcript of the

6 examination of said witness by counsel for the

7 parties set out herein. The reading and signing of

8 same is hereby waived.

9 I further certify that I am neither of

10 kin nor of counsel to the parties to said cause nor

ii in any manner interested in the results thereof.

12 This 6th day of February 2008.

13

14

15 _____________________________

Tracye Sadler Blackwell

16 ACCR No. 294

Expiration date: 9-30-2008

17 Certified Court Reporter

and Commissioner for the State

18 of Alabama at Large

19

20

21

22

23

10 (Pages 37 to 38)

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 12 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 1

A assist 31:17 came 8:21 13:15 19:1 continuing 36:11 DIVISION 1:4 38:1

about 6:3 7:14 8:14 9:4 attempt 30:20 19:15 22:23 23:6 contraband 29:2 3 1:18 doing 10:5,8,11,12

12:18 13:4,6,17,21 attempting 30:21 26:9,12 30:4 32:21 31:20 27:21 29:19

13:22 20:11 21:13,15 attended 8:9 capacity 1:10,10 37:19 conversation 13:16 done 22:13

22:1 23:16 34:4 Attorney 2:5 37:20 cooperate 28:4 door 13:15 24:22,23

35:18 Attorneys2:10,13 car 14:9,10,11 15:8 corner32:1 doors24:6

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accelerated 34:5 a.m 1:21 36:23 18:8,21,22 22:9,11 Corps 6:8 8:18 Dougherty 8:19

ACCR 38:16 22:15 23:22 24:1,2 correct 10:19,20 13:20 down 10:22 14:1,2,3,5

B 25:2 26:14 30:15 16:21 20:3 21:17,18 15:12 18:19 19:5 action 1:8 25:9,10

activity 34:18 back 13:16 15:13 19:11 33:4 22:16 24:3 29:23 20:14 21:21 22:21

address 7:15,16,17 19:13 21:5,6,6,16 Carmichael 2:14 30:638:5 23:729:631:1434:4

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after5:2 8:18 15:7 30:16,17,18,2331:7 Casey 13:18,22 14:15 counsel3:144:538:6 driven33:4

17:17,2219:1121:2 34:14 14:19 38:10 driver24:8,13,16

26:2 27:13 34:13 background 6:4,5 cattle 21:20,21 23:6 County 5:10,21 8:19,21 driver's 22:8 34:7

again 20:6 badge 19:620:8,13 cause 15:18,20 16:1,5 8:23 9:2,21 14:1,5 driving 14:9 15:22 16:2

against36:19 bag3l:23 16:14,15,18 38:10 18:22 19:20 35:11 16:7 17:1,3 18:20

agency 5:19 8:22 18:13 baggy 31:21,22 34:12 CERTIFICATE 37:4 37:6 19:9 21:10 22:21

ago 7:14 bank 28:8 certification 6:22 36:6 Couple 6:11 dropped 21:6

agree 10:6 basically 22:8 certifications 7:4 course 7:10,11 drove 30:10

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agreement 1:16 before 1:16 3:17 37:7 38:17 court 1:2,17 3:18 4:18 14:17,17 34:8,12,21

ahead 18:3 BEhALF 2:3,8 certify 37:9 38:9 36:18 37:8,22 38:17 drugs 12:21 13:4

aid27:20 behind 15:14 17:10,17 chase29:4 cuffed27:12,1428:6 DTF 10:15,16,18,21

ain't20:10 17:23 19:11,1420:5 Chevrolet 15:733:8 cuffs28:1 11:4,5,10

air26:16 21:6,1622:2123:6 CBRIS1:937:18 cursing2s:5 duly5:237:12

AL2:11,14 24:6 27:12,13 Christopher2:17 curve 19:1 during9:1727:5 32:5

Alabama 1:3,18,20 2:6 being 17:12 25:5 33:2 citizen 35:22 36:4 custody 32:3 32:19 33:5 35:14

3:1937:5,9,2338:18 35:19 citizens36:1 cutting29:4 dutyll:3

Albany 8:10,12,13 believe 14:14 26:7 city 5:18 7:23 C-A-S-E-Y 13:19 __________________

already 30:1 36:12 belligerent 25:5 Civil 1:8 3:16 __________________ E

analysis 34:14 beside 20:6 Civifian 20:20 D each 15:12

angle 25:22 between 3:14 4:5,12 close 20:14 27:1 Daryl 2:9 ear 20:12

angled 24:2 24:23 34:8 clothes 20:20 dash 18:16 20:7 21:5 early 10:9

another 14:4 30:3 birth 8:4 college 6:8,10 8:9 date 8:4 10:6 35:8 educational 6:3,5

answer 16:10 Blackwell 1:17 3:18 come 15:13 21:20 27:3 38:16 either 4:2,8

answering 35:19 37:7 38:15 27:4 day 10:9 11:3 38:12 elaborate 13:1

anybody 15:5 18:12 blinking20:8 coming 14:8 dealer 14:17 Eley 1:19 2:9

anything 19:4 22:5,20 Blood 11:19,23 command 25:1 Defendants 1:11 2:8 emerge 27:23

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27:929:1,7 31:8 35:7 17:12 18:5,8,10,11 commission 3:20 deliver 32:13 employment 8:15

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Apartments 8:2 21:1,2 3:19 37:8 38:17 department 5:10 8:19 ended 22:17

apologize 34:17 blue-and-white 20:23 communities 14:19 8:23 9:1,7,9,18 ends 27:11

appear 36:18 booking 32:9 36:16 community 13:17,22 DEPONENT 37:2 enforcement 6:15,20

APPEARANCES 2:1 both2O:13 24:5 25:22 14:15,16,17 deposition 1:15 3:15,17 7:1,5,6,8 8:15,16,17

approached 26:23 branch 7:5 complained 36:2 4:1,6,13 36:22 37:10 12:5 18:13

approximately 1:21 brief 33:13 36:10 complaints 35:23 36:4 deputy 5:12 30:4 engaged 34:19

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around 15:13 17:10 bullets 28:20 concentrating 29:21 determined 16:19,19 29:12,14

28:2 bumper22:10 31:16 differentl4:18 ever 10:2 14:21 27:7,8

arrest 15:1 business 13:5 concluded 36:22 direction 22:17 25:16 35:10 36:3,6

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36:12 called 13:18 30:2 contain 38:5 DISTRICT 1:2,3 37:22 examination 3:1 5:5 -

calling 11:20 22:3 continued 20:5 37:23 38:6

Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 13 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 2

executing 22:1

Exhibit 3:5 33:14,18

35:3 36:15

exit 24:17

exited 24:5

expected 26:10

experience 6:20 8:15

Expiration 38:16

facility 10:18

facing 23:23

familiar 9:20,23 13:17

far 12:14

fast 17:15 23:13

faster 23:11

fastest 23:13

FBI 6:17

February 38:12

Federal 3: 16

feel 27: 19

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Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 14 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21,2008

Page 3

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Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 15 of 16
Deposition of G. Lashun Hutson Marshall vs. West; Hutson January 21, 2008

Page 4

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Case 2:06-cv-00701-ID-CSC Document 30-4 Filed 02/12/2008 Page 16 of 16
DEPOSITION OF KELVIN CAR1VIICIIAEL

November 14, 2007

Pages 1 through 89

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

566 South Perry Street

• • Post Office Box 62

Montgomery, AL 36104

Phone: (334) 263-4455

Fax: (334) 263-9167

E-mail: hais1ipragancharter.net

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 1 of 34
Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 2 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 1 Page 3

1

2

3

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1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE MIDDLE DISTRICT OF ALABAMA

3 NORTHERN DiVISION

4

5 RICHARD MARSHALL,

6 Plaintiff,

7 vs. CIV]L ACTION NO.

2:06-cv-701-TD.CSC

8

CHRIS WEST, in his individual

9 capacity, LASHUN HIJTSON, in his

individual capacity,

10

Defendants.

11

12

13

14

15 DEPOSITION OF KELVIN CARMICHAEL, taken

16 pursuant to stipulation and agreement before Lyn

17 Daugherty, ACCR #66, Certified Court Reporter and

18 Commissioner for the State of Alabama at Large, in

19 the Law Offices of Webb & Eley, 7475 Halcyon Pointe

20 Drive, Montgomery, Alabama, on Wednesday, November

21 14, 2007, commencing at approximately 1:55 p.m.

22

23

Page 2

APPEARANCES

2 FOR THE PLAINTIFF:

3 Mr. Jay Lewis

Mr. Fred L. Clements

4 LAW OFFICES OF JAY LEWIS

Attorneys at Law

5 847 South McDonough Street

Montgomery, Alabama 36104

6

7 FOR THE DEFENDANT WEST:

8 Mr. Gary Wilford

Mr. Daryl L. Masters

9 WEBB & ELEY, P.C.

Attorneys at Law

10 7475 Halcyon Pointe Drive

P.O. Box 240909

11 Montgomery, Alabama 36124

12

ALSO PRESENT: Mr. Richard Marshall

13

14

15 EXAMINATION INDEX

16

KELVIN CARMICHAEL

17

BYMR. WILFORD ........... 4

18

19

EXHIBIT INDEX

20

MAR

21 Defendant

22 13 Photograph 73

23

STIPULATIONS

It is hereby stipulated and agreed by and

between counsel representing the parties that the

deposition of KELViN CARMICHAEL is taken pursuant

to the Federal Rules of Civil Procedure and that

said deposition may be taken before Lyn Daugherty,

Certified Shorthand Reporter, and Commissioner for

the State of Alabama at Large, without the

formality of a commission, that 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 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 filing of the same.

It is further stipulated and agreed by and

Page 4

between the parties hereto and the witness that the

signature of the witness to this deposition is

hereby waived.

KELViN CARMICHAEL

The witness, after having first been duly sworn

to speak the truth, the whole truth and nothing but

the truth testified as follows:

EXAMiNATION

BY MR. WILFORD:

Q.

 Would you please state your name for the

reôord, sir.

A. Kelvin Carmichael.

Q.

 Could you spell your first name for me,

please.

A. K-E-L-V-I-N.

Q. 

Is it pronounced Kevin or Kelvin?

A. Kelvin.

Q. Mr. Carmichael, have you ever given a

deposition before?

A. No.

Q. What we've got here is we've got a court

reporter who is going to be taking down

1 (Pages 1 to 4)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 3 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 5 Page 7

every word you and I say and anybody else 1

says here in the courtroom today -- I'm 2

sony -- this conference room today. And 3

so it's going to be important that we stick 4

to certain rules as we're going through 5

this thing. And one of those is that I 6

need you to wait until I finish asking you 7

a question before you answer it; all right? 8

A. (Witness nods head). 9

Q. And one of the things that I need you to do 10

when you answer it, unlike what you did 11

right there, is answer out loud for me 12

either yes, no, or whatever the explanation 13

might be, because it's very difficult for 14

her to get down head shakes and noddings of 15

the head like you just did there; all 16

right? 17

A. All right. 18

Q. And as we kind of go through this, if you 19

do that, hopefully I'll catch it and remind 20

you of it. If I ask you a question and you 21

don't understand the question, let me know 22

and I'll be happy to rephrase it for you. 23

Page 6

1 A. All right. 1

2 Q.

 Because what I'm going to do is if I ask 2

3 you a question and you answer me, I'm going 3

4 to assume you understood my question. Is 4

5 that fair? 5

6 A. Yes. 6

7 Q. If for whatever reason you need a break, 7

8 let me know. We can go ahead and take a 8

9 break. I think you noticed during 9

10 Mr. Marshall's deposition we took a couple 10

11 of breaks. And all you've got to do is 11

12 just let me know and we can do that; all 12

13 right? 13

14 A. All right. 14

15 Q.

 Okay. In preparing for your deposition 15

16 today, did you speak with anyone? 16

17 A. No. 17

18 Q.

 You didn't speak with Mr. Marshall? 18

19 A. He called me and told me that we had to 19

20 come here. 20

21 Q.

 Is that all he told you? 21

22 A. Yes. 22

23 Q.

 When did he call you? 23

A. The day before we had to go meet at his

office.

Q.

 Who is his office?

A. We went to talk to him because they wanted

to see me.

Q.

 You're saying him. I don't know who him

is.

A. I don't know his --

Q.

 This gentleman sitting next to you right

here?

A. Yes.

Q.

 From Mr. Lewis's office?

A. Yes.

Q.

 And y'all spoke about this deposition here

today?

A. They just told us that we had to come here

and how to get here and all that.

Q.

 Did you talk about your testimony with him?

A. No.

Q.

 Did they ask you about the facts of the

case?

A. No.

Q.

 Did you look at any documents?

Page 8

A. No.

Q. What's your date of birth?

A. September 25th, 1980.

Q. That makes you 27; is that right?

A. Yes.

Q. Where were you born?

A. Montgomery.

Q. Do you work right now?

A. Yes.

Q. Where do you work?

A. At Quincy's Triple Seven in Shorter.

Q. How long have you been at Quincy's Triple

Seven?

A. Almost three weeks.

Q. And what do you do for them?

A. Housekeeping.

Q. Did you work before Quincy's Triple Seven?

A. Yes.

Q. Who did you work for?

A. I worked for Big Lots.

Q. When did you work for Big Lots?

A. About four years. But up until then I've

been working with my uncle painting. Up

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Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 4 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 9 Page 11

1 until now -- 1

2 Q. So you were working -- I'm sony. 2

3 A. Up until now when I stopped working at Big 3

4 Lots. I think it was in '05, '06, 4

5 something like that. 5

6 Q. That's when you started or when you 6

7 stopped? 7

8 A. When I stopped. 8

9 Q. When did you start with them? 9

10 A. Ithinkitwasin'01,'02. 10

11 Q. And you said after you left Big Lots you 11

12 worked with your uncle? 12

13 A. Painting. 13

14 Q. Did you work at Big Lots the same time 14

15 Mr. Marshall did? 15

16 A. Huh-uh (negative response). 16

17 Q. Isthatano? 17

18 A. No. 18

19 Q. What about before Big Lots, who did you 19

20 work for, if anybody, then? 20

21 A. Long John Silver. 21

22 Q. Where at? 22

23 A. On Norman Bridge Road. 23

Page 10

1 Q. How long did you work for them? 1

2 A. I worked for them when I was in school 2

3 since about '98. 3

4 Q. Why did you leave Long John Silver's? 4

5 A. Because I started working at Big Lots. 5

6 Q. And then why did you leave Big Lots? 6

7 A. I got terminated. 7

8 Q. And why did you get terminated? 8

9 A. Missing too many days. 9

10 Q. Have you ever been married? 10

11 A. No. 11

12 Q. Where do you live? 12

13 A. Norman Bridge Road. 13

14 Q.

 What's the address there? 14

15 A. 3468 ApartmentA. 15

16 Q.

 Did you graduate from high school? 16

17 A. Yes. 17

18 Q. What high school did you graduate from? 18

19 A. Sidney Lather. 19

20 Q. And when did you graduate? 20

21 A. '99. 21

22 Q. Have you ever been to college? 22

23 A. No. 23

Q. Ever been to trade school?

A. No.

Q. How long have you lived on Norman Bridge

Road?

A. About three months.

Q. Where did you live before that?

A. Davenport Drive.

Q. 

Is that in Montgomery?

A. Yes.

Q. What's the street number there?

A. I'm not really sure of that. I just know

it's Davenport because I was staying there

with a girl. But it wasn't nothing but

like a year.

Q.

 How long did you live on Davenport Drive?

A. About a year.

Q.

 So that would have been about '06; is that

right?

A. Yes.

Q.

 And where did you live before that?

A. In Stone Crossing.

Q.

 Where is that?

A. On Woodley Road.

Page 12

Q. How long did you live in Stone Crossing?

A. About six months.

Q. Were you living in Stone Crossing at the

time of the traffic stop that led to this

lawsuit?

A. No.

Q.

 Where were you -- Then let's keep going

back. Where did you live before Stone

Crossing?

A. I had my own apartment in the Colonies.

But it's Cypress Court now. They changed

the name of it. It's on -- what street --

Troy Highway, right off Troy Highway.

Q.

 Is that where you were living at the time

of the traffic stop?

A. No. I think I had got put out my apartment

and I had went to stay with my grandmother

for a minute.

Q. So you were living with your grandmother at

that time?

A. I was just staying with her for a minute.

Q. Well, you have to explain to me what you

mean for a minute. How long a time are we

3 (Pages 9 to 12)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 5 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 13 Page 15

talking about? 1

A. It was probably about two, three months, 2

something like that 3

Q. Was there anyplace that you lived at 4

between your grandmother's house and 5

Cypress Court? 6

A. No. 7

Q. Where is your grandmother's house at? 8

A. In Farmersville. 9

Q. What's the address there? 10

A. I don't know. I just know it's on 11

Youngblood Road. I don't know the address. 12

Q. So that's not too far from where 13

Mr. Marshall was living at the time? 14

A. Not that far. 15

Q. About how far would you say? 16

A. Maybe five, 10 miles, I guess. 17

Q. Are you and Mr. Marshall related? 18

A. Yes. 19

Q. How are you related? 20

A. My cousin. 21

Q. Do you have any children? 22

A. Yes. 23

Page 14

1 Q.

 How many? 1

2 A. One. 2

3 Q.

 How old is the child? 3

4 A. She's five, fixing to be six. 4

5 MR. WILFORD: Can we get the same 5

6 stipulation with this witness, 6

7 Jay, on the relatives? 7

8 MR. LEWIS: Right. 8

9 Q.

 Do you go to church? 9

10 A. No. 10

11 Q.

 Have you ever gone to church? 11

12 A. Yes. 12

13 Q.

 Last time you went to church where did you 13

14 go? 14

15 A. Morning Pilgrim. 15

16 Q.

 Where is that at? 16

17 A. OnRosaParks. 17

18 Q.

 In Montgomeiy? 18

19 A. Yes. 19

20 Q.

 Have you ever been a member of a union? 20

21 A. No. 21

22 Q.

 Any kind of social organization? 22

23 A. No. 23

Q. Have you ever been a party to a lawsuit?

A. No.

Q. Never been sued?

A. No.

Q. Never sued anybody?

A. No.

Q. Have you ever been arrested before?

A. Yes.

Q. How many times have you been arrested?

A. Maybe five times, I guess. Just tickets.

Q. Okay. I'm not talking about -- What kind

of tickets are you talking about?

A. Like tickets that I got I didn't pay and

they stopped me.

Q. So you've been arrested five times for not

paying tickets?

A. Yes.

Q. Is that what you're telling me?

When was the first time you were

arrested?

A. That's kind of hard to say. I don't

remember how long that's been. Maybe 2000.

Q. Where were you arrested in 2000?

Page 16

A. Montgomery.

Q.

 Who was it that arrested you? City

police? County police?

A. City.

Q.

 And what specifically did they arrest you

for?

A. Warrants for not -- unpaid ticket.

Q.

 What was the unpaid ticket?

A. I think it was a noise ordinance ticket.

Q. Anything else besides the noise ordinance

ticket?

A. At that time?

Q.

 Yes, sir.

A. Just speeding tickets. I got arrested

like --

Q.

 I'm just asking you about the 2000 arrest

right now. We're going to go through each

of them.

A. Not that I remember.

Q.

 What happened with that arrest? Were you

put in jail?

A. Yes.

Q.

 How long did you stay in jail?

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Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 6 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 17 Page 19

1 A. A few hours. 1

2 Q.

 Did you pay the tickets? 2

3 A. Yes. 3

4 Q.

 Is that how you got out? 4

5 A. Yes. 5

6 Q.

 What about your second arrest, when was 6

7 that? 7

8 A. I think it was an unpaid speeding ticket. 8

9 Q.

 Do you remember when that was? 9

10 A. No. 10

11 Q.

 How long after the 2000 arrest was it? 11

12 A. Maybe a year, year later. 12

13 Q.

 So maybe sometime in '03? 13

14 A. Yeah. Yes. 14

15 Q.

 And where were you arrested then? 15

16 A. Montgomery. 16

17 Q.

 By the Montgomery Police Department? 17

18 A. Yes. 18

19 Q.

 Spend time in jail on that one? 19

20 A. Couple of hours. 20

21 Q.

 Did you pay the tickets? 21

22 A. Yes. 22

23 Q.

 How about arrest number three, when did 23

Page 18

1 that take place? 1

2 A. Probably was another year later. 2

3 Q. So sometime in '04? 3

4 A. Yes. 4

5 Q.

 And who arrested you that time? 5

6 A. Montgomery city. 6

7 Q.

 And what was that arrest for? 7

8 A. I think it was -- I had a driving while 8

suspended I didn't pay. 9

:10 Q.

 What was your driver's license suspended 10

11 for? 11

12 A. A speeding ticket. 12

13 Q.

 A speeding ticket? 13

14 A. Yes. 14

15 Q.

 How did you get your license suspended for 15

16 a speeding ticket? 16

17 A. Not paying the ticket. 17

18 Q.

 All right What happened as a result of 18

19 the '04 arrest? 19

20 A. What happened? 20

21 Q.

 Yes, sir. Were you put in jail again? 21

22 A. Yes. 22

23 Q.

 How long were you in jail that time? 23

A. Couple hours.

Q.

 Was it the Montgomery City Jail?

A. Yes.

Q.

 And what happened with the driving while

suspended charge?

A. Ihadtopayafme.

Q.

 Did you ever get your license back?

A. No.

Q.

 So sitting here today you don't have a

driver's license?

A. No.

Q.

 The fourth arrest, when did that take

place?

A. I was arrested about -- I think it was

about two, three months ago.

Q.

 Sometime in '07?

A. Yes.

Q.

 What was that arrest for?

A. Smoking in a nightclub.

Q. Smoking in a nightclub?

A. (Witness nods head).

Q.

 Where was that at?

A. The name of the club? The Martini Bar.

Page 20

Q.

 Is that in Montgomery?

A. Yes.

Q.

 Who arrested you?

A. I have no idea, because it wasn't the city

and it wasn't the county. But they took me

to the county, though.

Q.

 The Montgomery County Jail?

A. Yes.

Q. What happened when you got to the

Montgomery County Jail?

A. I stayed there a couple hours and got out.

Q.

 Was that on bond?

A. Uli-huh (positive response).

Q.

 What's the bond for smoking in a bar?

A. I think it was about, yeah, 150.

Q.

 I take it those charges are still

pending --

A. TJh-huh (positive response).

Q.

 -- or that charge is still pending?

A. I already went to court for it.

Q.

 What happened?

A. They put me in a class.

Q.

 Did you have to pay a fme?

5 (Pages 17 to 20)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 7 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 21 Page 23

A. Yes.

Q. How much?

A. I think it was like about $400 and I've got

to pay for the class.

Q. What is the class on? Do you know?

A. Put me in a class with alcoholics and

stuff.

Q. Okay. The fifth arrest, what was that?

A. I haven't been arrested since that

Q. So really it was four times and not five

times you've been arrested?

A. Yeah. It ain't been nothing but just

tickets.

MR. WILFORD: Off the record.

(Off-the-record discussion.)

Other than this class that you're going to

have to attend for smoking in a bar, have

you ever been treated for alcohol or drug

addiction?

A. No.

Q. Have you ever been treated for mental

illness?

A. No.

Page 22

1 Q. You know the event that we're here on 1

2 today; right? 2

3 A. Yes. 3

4 Q. Something happened out on Highway 21 in 4

5 Lowndes County? 5

6 A. Yes. 6

7 Q.

 Would you agree with me that that happened 7

8 on June 28th of 2005? 8

9 A. I'm not sure of the date. 9

10 Q.

 You don't have an independent recollection 10

11 of the date? 11

12 A. No. 12

13 Q.

 Would you have any reason to disagree that 13

14 June 28th, 2005 was the date this occurred? 14

15 A. I'm just not sure of the date. 15

16 Q.

 That's fme. Do you remember what you were 16

17 doing the day that this occurred? 17

18 A. Before or after? 18

19 Q. Before. 19

20 A. Yes. 20

21 Q.

 What were y'all doing? What were you 21

22 doing? Excuse me. 22

23 A. Watching them take a motor out of the car. 23

Q.

 Watching who take a motor out of the car?

A. Two of my cousins.

Q.

 And who were the two cousins?

A. His name is -- because we call him by his

nickname. His name is Herman, though.

Q.

 And who else?

A. And my other cousin Steven.

Q.

 Steven?

A. Yes.

Q.

 Do you know what Herman and Steven's last

names are?

A. I know Steven's last name is Howard. I'm

not sure what Herman's last name is.

Q.

 Was there anybody else present that day?

A. Yes.

Q.

 Who?

A. Richard Marshall.

Q.

 Anybody else?

A. No.

Q.

 All right. Where were you taking this --

or where were they taking this motor out

at?

A. At my aunt's house.

Page 24

Q. What's your aunt's name?

A. Gwendolyn Howard.

Q.

 Where does she live? Where did she live at

the time? Excuse me.

A. Probably about a mile or two from my

grandma's house.

Q.

 That's in Fannersville?

A. Yes.

Q. When did you first get to your aunt's house

that morning?

A. I'm really not sure what time it was. I

knowitwaslike--kindoflikeinthe

morning. Maybe ten, nine, something like

that.

Q.

 How did you get there?

A. In the car with Richard.

Q.

 How did you come to be in the car with

Richard?

A. Because I spent the night at his house that

night

Q.

 The night before?

A. Yes.

Q.

 What did y'all do the night before?

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Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 8 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 25 Page 27

1 A. Nothing. Just at his house. 1

2 Q. And y'all didn't go anywhere? 2

3 A. No. 3

4 Q. Did y'all have anything to drink that 4

5 night? 5

6 A.No. 6

7 Q.

 Do any drugs that night? 7

8 A. No. 8

9 Q.

 What time did y'all get up on the morning 9

10 of the 28th? And I understand that you 10

11 don't have an independent recollection it 11

12 was the 28th. I'm just going to use that 12

13 as a kind of shorthand for right now. 13

14 A. Maybe eight, something like that. 14

15 Q. Did you go straight to your aunt's house 15

16 from there? 16

17 A. Yes. 17

18 Q. Did y'all have any breakfast that morning? 18

19 £No. 19

20 Q. How long did it take to take that motor out 20

21 of the car? 21

22 A. Maybe an hour. Probably less than that. 22

23 Q.

 Were they doing anything else while they 23

Page 26

1 were taking the motor out? 1

2 A. Nothing but talking and laughing. 2

3 Q. Anybody have a beer? 3

4 A. No. 4

5 Q. Nothing to drink at all? 5

6 A. No. 6

7 Q.

 All right. What happened after the motor 7

8 was out of the car? 8

9 A. Me and my cousin got in the car and we was 9

10 on our way back to his house. 10

11 Q. In Richard's car? 11

12 A. Yes. 12

13 Q. What kind of car did Richard have? 13

14 A. Blue Nova. 14

15 Q.

 I'm going to show you what was previously 15

16 marked as Defendant's Exhibit 2 to Richard 16

17 Marshall's deposition. Is that Richard's 17

18 car? 18

19 A. Yes. 19

20 Q.

 What were you going to do when you got back 20

21 to Richard's house? 21

22 A. Nothing. Watch TV. 22

23 Q.

 Do you remember what day of the week it 23

was?

A. No.

Q.

 Were y'all meeting anybody at Richard's

house?

A. No.

Q.

 Between your aunt's house and the time that

you first encountered my client in his car,

did y'all stop anywhere?

A. No.

Q.

 Who was driving the car?

A. Richard.

Q.

 Where were you at in the car?

A. In the passenger's side.

Q.

 Are there any seat belts in that car?

A. Yes.

Q.

 Were you wearing yours?

A. Yes.

Q.

 Was Richard wearing his?

A. Yes.

Q.

 So if Richard says he wasn't, he was

mistaken?

A. He be telling me to put mine on, so I'm

pretty sure he had his on.

Page 28

Q. Do you actually remember him having his

seat belt on, or you're just pretty sure?

A. I'm sure, because he told me to put mine

on. That's how he drive with his seat belt

on.

Q.

 Was there any alcohol in that car?

A. No.

Q.

 Let me show you what was previously marked

as Defendant's Exhibit 3. What was in that

flask?

A. Nothing.

Q. Do you know what had been in that flask?

A. No. But I know nothing was in it, though.

Q. That flask was in the car that day, though;

right?

A. Yeah.

Q.

 Whose Swishers were those?

A. I don't know.

Q.

 Were they yours?

A. No.

Q.

 That was Richard's car; right?

A. Huh?

Q. That was Richard's car; right?

7 (Pages 25 to 28)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 9 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 29 Page 31k

1 A. Yes. 1

2 Q.

 Do you see anything in Defendant's Exhibit 2

3 3 that belonged to you? 3

4 A. No. 4

5 Q. You see that gun in Defendant's Exhibit 3; 5

6 right? 6

7 A. Yes. 7

8 Q. Whose gun was that? 8

9 A. I don't know. 9

10 Q. Was it in the car when you got in the car 10

11 that morning? 11

12 A. Yes. 12

13 Q. Where was it when you got in the car that 13

14 morning? 14

15 A. On the seat. 15

16 Q. About where it is in Defendant's Exhibit 3? 16

17 A. Yes. 17

18 Q. Is that the front seat of Richard's car in 18

19 Defendant's Exhibit 3? 19

20 A. Yes. 20

21 Q. Is that gun loaded? 21

22 A. I don't know. 22

23 Q. Did you ever pick that gun up? 23

Page 30

1 A. I just seen it and I ain't asked nothing 1

2 about it because it wasn't my business, 2

3 so 3

4 Q. The gun looks to me like it's pointing 4

5 toward the passenger's side of the car. 5

6 Does that look like it's pointing that way 6

7 to you? 7

8 A. Yes. 8

9 Q. Make you nervous having a gun pointed at 9

10 you? 10

11 A. No. 11

12 Q.

 So you didn't pay it no mind? 12

13 A. No. 13

14 Q.

 All right. Did you ever see Richard with 14

15 that gun before? 15

16 A. No. 16

17 Q.

 That's the first time you saw it was that 17

18 day? 18

19 A. Yes. That's why I didn't ask him nothing 19

20 about it. 20

21 Q. Did Richard usually have a gun? 21

22 A. No. 22

23 Q.

 Was that the first time you had ever seen 23

Richard with a gun?

A. Yes.

Q. So that's the first time you've ever seen

him with a gun and you didn't ask him

anything about it?

A. No.

Q. Do you know if Richard had any money on him

that day?

A. I know he had just sold my cousin a motor,

but I don't know what he sold it for,

though

Q. Did you see any money change hands?

A. Not really. But he told me that my cousin

was fixing to buy it That's why we went

over there to watch him take it out.

Q. But you didn't see him give him any money;

right?

A. Notatthetime.

Q. Did you ever see him give him any money

later?

A. No. I know my cousin told me he bought the

motor from him.

Q. Which cousin was that?

Page 32

A. Herman.

Q. Did you ever actually see Richard with any

money that day?

A. Yes.

Q. When did you see him with money?

A. That morning before we left

Q. How much did he have on him? Were you able

to see how much?

A. No.

Q. Were you able to see any particular bifi?

A. No.

Q. How was he canying the money?

A. In his pocket.

Q. Did he just take it out and show it to you?

A. No. We were fixing to go to the store and

get some gas, but he just said we're going

to go ahead on down there because they werewaiting on us.

Q. Okay. So how did you seeing his money come

into play there?

A. Because he was counting it because he said

he was fixing to go get gas, but he was

going to go ahead on and go to my auntee's

8 (Pages 29 to 32)

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Deposition of Kelvin Carmichael November 14, 2007

Page 33 Page 35

house first and he would just get it when 1

we left there. 2

All right When was the first time you 3

noticed the car that my client was in? 4

A. When they pulled up on the side with a 5

pistol. 6

Q. Where was that at? 7

A. The same road that you turn off to go to my 8

grandmother's house. It wasn't 21. I'm 9

not for sure what the name of the road 10

was. But I remember them pulling up on the 11

side of us with a gun. 12

Q. That's the first time you saw them? 13

A. Yeah. 14

Q. You didn't see them at any point before 15

that? 16

A. No. 17

Q. What happened when they pulled up alongside 18

of you? 19

A. He was pointing the gun and pointing at the 20

side of the road and telling us to pull 21

over. 22

Q.

 Who was he? 23

Page 34

A. The guy on the passenger's side. 1

Q.

 Do you know who was on the passenger's 2

side? 3

A. No. I never saw them before. They had on 4

regular clothes. 5

Q. Have you learned since then who was on the 6

passenger's side? 7

A. I know now he was the police, but I don't 8

know his name. 9

Q.

 That's what I'm asking you. Have you found 10

out what his name was? 11

A. No. 12

Q. Can you describe him for me? 13

A. I know he was like -- he wasn't that tall. 14

Had a low haircut all over. Kind of slim 15

guy. He wasn't that big, not like the 16

driver. 17

Q.

 Black guy? White guy? 18

A. Who? The passenger? 19

Q.

 Yes, sir. 20

A. Black guy. 21

Q.

 Did he have any facial hair? 22

A. Yes. I think he had a mustache. 23

Q.

 Just a mustache?

A. I think he did. He might have had a

full -- I know he just had a little beard

or something, I guess. I wasn't really

looking at him like that

Q.

 You got a chance to look at him later,

though; right?

A. Uh-huh (positive response).

Q.

 Were you able to see the driver?

A. Yes.

Q.

 Did you know who the driver was prior to

that time?

A. No.

Q.

 Have you since learned who the driver was?

A. Yes.

Q.

 Who was the driver?

A. Guy named Chris West

Q.

 And you didn't know Chris prior to this?

A. No. I never saw neither one of them.

Q.

 Did you know of either one of them prior to

this?

A. No.

Q.

 All right. So the car pulls up next to you

Page 36

and you said he had a gun?

A. Yeah.

Q.

 What kind of gun are we talking about?

A. I just know it was black. Because when I

seen him, I asked my cousin who is it, and

he say he don't know, might be somebody

trying to rob him or something. So -- I

don't know.

Q.

 Were you able to hear your cousin say that?

A. Huh?

Q.

 You were able to hear Richard say that?

A. When I asked him who is it, I heard him say

he didn't know.

Q.

 What hand did the person with the gun have

the gun in?

A. I think it was his right because he was

pointing with his -- this ann right here

(indicating). He was telling us to pull

over.

Q.

 How was he holding the gun?

A. Pointing it at us through his window.

Q.

 You say he was pointing it at you and using

his other hand to point to the side of the

9 (Pages 33 to 36)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 11 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 37 Page 39

1 road? 1

2 AYes. 2

3 Q. What did Richard do, if anything, when he 3

4 did that?. 4

5 A. We speeded up because we didn't know who 5

6 they was. They was in regular clothes in a 6

7 regular car, so we speeded up. 7

8 Q. What happened after you sped up? Let me 8

9 back up. I'm sony. Did Richard say 9

10 anything to them? 10

11 A. No, not that I remember. 11

12 Q. Was there anything going on that would 12

13 prevent you from hearing what Richard might 13

14 have said to them? 14

15 A. He had the radio on, but I would have heard 15

16 if he said anything. I mean, he didn't say 16

17 nothing to them because they had their 17

18 windows up and his window was down -- well, 18

19 our window was down. 19

20 Q. Richard's window was down, but their window 20

21 was up? 21

22 A. (Witness nods head). 22

23 Q. So he's pointing through the glass with the 23

Page 38

1 gun? Is that what yOu're telling me? 1

2 A. Yes. 2

3 Q. What kind of car did they have? 3

4 A. It was a Lincoln. 4

5, Q. Do you remember anything else about the 5

6 car? 6

7 A. I think it was like a dark gray. 7

8 Q.

 Was it a newer one or an older one? 8

9 A. It was a newer one, but not that new. I 9

10 think it was like about '98, '99. It 10

11 wasn't no old model. 11

12 Q.

 Did you see anything that stood out on the 12

13 car; antennas, license plates, anything 13

14 like that? 14

15 A. No. It was just regular car. 15

16 Q. Did you see any blue lights on the vehicle? 16

17 A. No. 17

18 Q.

 The road that you were on when the car came 18

19 up alongside of you, is that a two-lane or 19

20 four-lane or some other lane? 20

21 A. Two. 21

22 Q.

 All right So you said Richard sped up. 22

23 What happened after he sped up? 23

A. They got behind us.

Q.

 Did you watch them?

A. I was looking in the rear view mirror, like

the little mirror on the side. But I was

just looking at the car. I wasn't watching

them.

Q. You didn't turn around and look at them?

A. Huh-uh (negative response). I was tiying

to tell him to go because I thought it was

somebody trying to rob us, too, or rob him

and they had a gun. I ain't trying to get

shot.

Q. Have you ever heard of any problems like

that happening in that part of the county

before?

A. What? People getting robbed?

Q. Well, people coming up alongside in cars

and trying to rob people in a car.

A. No. But I'm from Montgomery. I know it

happens.

Q. Okay. So you're watching in the side view

mirror. What happens next?

A. We turned on the road to go home.

Page 40

Q. And what road is that that you turned on to

go home?

A. Ithinkthat's--Ithinkit's21.

Q. Which way did you turn?

A. Right

Q.

 Is that an intersection there that you

turned at?

A. Yes.

Q.

 Is there a stop sign, traffic light,

something there?

A. A yellow flashing light

Q. Did Richard stop at that light?

A. He yield. He slowed down. But then we

took off again because we didnt know who

they was.

Q.

 Did he ever actually stop, though, at the

intersection?

A. No. Because there's a yield sign.

Q. Was there any traffic around?

A. No. Not at that time.

Q.

 Had you seen any other cars besides yours

and the Lincoln --

A. No.

10 (Pages 37 to 40)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 12 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 41 Page 43

Q. -- up to that point?

A. No.

Q. What happened when you made the right onto

Highway 21?

A. We took off again.

Q. After the Lincoln fell in behind you before

the turn, did y'all -- you and Richard talk

about anything up until you turned right on

21?

A. No. Because I was really scarecL I was

wondering myself who they was.

You did say you were urging him to go on;

right?

A. Because I didn't know who it was, yes.

Q. What did you tell him?

A. I just kept asking him who that is, and he

just kept shrugging his shoulders he didn't

know. And I didn't know, so I just told

him, man, don't let them catch us because

we don't know who they is -- well, I don't

know who they is and then they're pointing

a gun too.

Did Richard appear to be mad?

Page 42

1 A. No. 1

2 Q. He didn't yell at anybody up to that point? 2

3 A. No. 3

4 Q. All right You make the right-hand turn 4

5 onto Highway 21. What happens next? 5

6 A. We rode down a little while and they were 6

7 still behind us. And they ran to the back '7

8 of the car. - 8

9 Q. So they followed behind you and then just 9

10 ran into the back of the car? 10

11 A. Yes. 11

12 Q. How long from the time you turned right 12

13 onto 21 until they ran into the back of the 13

14 car? 14

15 A. Maybe it was about a mile. 15

16 Q. How fast was Richard going at that point? 16

17 A. I don't know. 17

18 Q. Did he go faster than he had been before he 18

19 turned off, about the same speed or slower? 19

20 A. It was about the same speed. 20

21 Q.

 Did you turn around at any point while you 21

22 were on Highway 21 to look at the car 22

23 behind you? 23

A. After they hit us the second time that's

when I looked back.

Q. After they hit you the second time?

A. (Witness nods head).

Q. 

Prior to them hitting you, did you turn

around and look back at them?

A. No.

Q. What happened when, as you said, they ran

into you the first time?

A. I just was like, they done hit us. Because

by the time I was fixing to turn around

again and they hit us again. That's when I

turned around and looked.

Q. Let's just keep talking about the first

time for right now; okay?

A. Uh-huh (positive response).

Q. How hard a hit was it?

A. Enough to turn the back of the car a little

bit.

Q. Turn it how?

A. Like the back end swerved a little, like

swerved to the right like they were tiying

to knock us off the road.

Page 44

Q.

 Did you actually see the Lincoln hit you?

A. I know it was them because they were right

behind us.

Q. I understand that What I'm asking you is,

were you able to see them actually hit

you? Were you looking at them when they

hit you?

A. Not the first time.

Q.

 So you said it knocked -- it swerved the

back end a little bit?

A. (Witness nods head).

Q. Did it do anything else to the car?

A. No.

Q.

 They hit you a second time; is that right?

A. Yes.

Q. How much time passed between the first time

they hit you and the second time they hit

you?

A. Maybe a couple of seconds.

Q. And did you tell me that you were able to

turn around then and look at the car?

A. After they hit us the second time?

Q. No. Between the first time and the second

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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2

3

4

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11 (Pages 41 to 44)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 13 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 45 Page 47

1

2 A.

3

4

5

6

7 Q.

8 A.

9 Q.

10

11 A.

12 Q.

13

14 A.

15

16 Q.

17

18

19 A.

20

21

22

23 Q.

time. 1

I was fixing to look when they hit us the 2

first time. But by the time I looked, they 3

hit us again. And I turned back around to 4

make sure we wasn't fixing to go off the 5

road. Then I turned back and looked again. 6

After the second time? 7

Yes. 8

Tell me about the second hit. How hard was 9

it? 10

Probably about the same as the first 11

Did the speed of Richard's car change 12

between the first time and the second time? 13

A little, because when they hit us, it was 14

like it knocked us forward a little bit. 15

So up until the second time they hit you, 16

you still hadn't had a chance to turn 17

around and look back; right? 18

Huh-uh (negative response). I almost did 19

after the first one. But when they hit us 20

I turned back around to make sure we wasn't 21

going off the road. 22

After they hit you the second time, what 23

grabbing him around his neck and people

were stopping. Then he grabbed something

and put it on top of the car.

Q.

 All right At what point did you tell

Richard that it was the police behind you?

A. I said, I think it's the police, and then

he started talking in the thing. But by

then he had hit us again and knocked us off

the road.

Q.

 Did you start to say that before thatthird

hit or after the third hit?

A. It was like time I was saying it he was

running into us again. And that time he

knocked us off the road.

Q.- So you did recognize then that it was the

police that was behind you?

A. I ain't -- I wasn't sure it was the

police. I said I think it's the police

because I saw him talking in a CB. And I'm

pretty sure if somebody robbing you they

probably wouldn't have no CB.

Q.

 Had Richard ever said anything to you

before about being robbed?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

Page 46

1 happened?

2 A. That's when I turned around and looked.

3 And it looked like he was on the radio or

4 something. Solsaid--

5 Q. What made you think he was on the radio?

6 A. Because I saw him with something in his

7 hand talking in it

8 Q. Can you describe for me what it was in his

9 hand that he was talking into?

10 A. Looked like a CB.

11 Q. Did you see anything else besides the CB --

12 what you described as looking like a CB?

13 A. No.

14 Q. How long were you able to look back?

15 A. Maybe a couple seconds, because that's when

16 he hit us again and he went off the road

17 that time.

18 Q. Who was it that was talking on the CB? Was

19 it the driver or the passenger?

20 A. The passenger.

21 Q. Did you see any blue lights at that time?

22 A. No. I didn't see any lights until after

23 people was pulling over and they were

Page 48

A. No.

Q.

 So you didn't know before that day that

he'd said he had been robbed before?

A. No.

Q.

 From the time you turned onto Highway 21

until they hit you that third time, did you

see any other cars on the road?

A. No.

Q.

 Djd you see Richard throw something out the

window?

A. No.

Q.

 You did see his arm out the window, though;

right?

A. He rides with his arm on his mirror.

Q.

 Well, was he riding with his arm on the

mirror at the time?

A. Talking about at the time when they was

riding behind us like that?

Q.

 Right

A. I wasn't really paying attention to his

hand then, not to be riding with it on the

mirror, because I was scared.

Q.

 Afterwards you made a statement, didn't

12 (Pages 45 to 48)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 14 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 49 Page 51

1 you? 1

2 A. Yes. 2

3 Q.

 And you told the police at that time that 3

4 you had put your -- or that he -- sbny. 4

5 Told the police at that time that you saw 5

6 that he put his arm out the window? 6

7 A. Put his ann out the window? 7

8 Q. Actually what you said was I saw that he 8

9 put his arm out the window. 9

10 A. Probably on his mirror, because he usually 10

11 drive holding his mirror while he drives. 11

12 Q.

 You didn't tell the police he was holding 12

13 his mirror, though., did you? Let me show 13

14 you Defendant's Exhibit 6. See if you can 14

15 show for me there where you said he had his 15

16 hand on the mirror. 16

17 A. No. 17

18 Q. It doesn't say that, does it? 18

19 A. No. 19

20 Q.

 Just says he had his arm out the window; 20

21 right? 21

22 A. I'm looking for where it says that at. 22

23 Q. Starting right here. 23

Page 50

1 A. Uh-huh (positive response). 1

2 Q.

 That is your statement that you made to the 2

3 police, right, Defendant's Exhibit 6? 3

4 A. Yes. 4

5 Q. Did you have a cell phone that day? 5

6 A. No. 6

7 Q. Did Richard? 7

8 A. No. 8

Q.

 What happened to that gun that was on the 9

10 seat there while all this bumping was going 10

11 on? 11

12 A. What happened to it? 12

13 Q.

 Uh-huh (positive response). If anything. 13

14 A. Nothing. 14

15 Q.

 Where was it while all of this bumping was 15

16 going on? 16

17 A. Up on the seat. 17

18 Q.

 Still right there on the seat? 18

19 A. Yes. 19

20 Q.

 Wasn't moving around at all? 20

21 A. No. 21

22 Q.

 Still pointing at you? 22

23 A. I guess. I wasn't really paying attention 23

if he was pointing at me.

Q.

 Did you ever ask Richard to stop and let

you out of the car?

A. No.

Q. Okay. What happened after that third hit?

A. He went off the road.

Q.

 How did you go off the road? Describe that

for me.

A. The car spun around, almost turned over,

but it didn't

Q.

 Which way did it go off the road?

A. To the left.

Q.

 Did it cross over the center line?

A. Yes.

Q.

 You said it almost turned over. How did it

almost turn over?

A. Because it's like they hit the edge of his

bumper and it spun us around. And the car

felt like it was fixing to turn over, but

it didn't once we went off in the grass.

Q.

 On the opposite side of the road?

A. Yeah.

Q.

 Let me show you what we marked as

Page 52

Defendant's Exhibit 8. Is that where

the -- where Richard's car wound up?

A. Yes.

Q.

 While it was spinning, what happened inside

of the car?

A. Nothing happened. When it stopped, he was

fixing to get out That's when they shot

right there at the ground.

Q.

 We're not quite to that point yet. We'll

get to that in a minute. Did anything fly

around inside the car? You know, did you

hit anything inside the car? Did anything

hit you?

A. Huh-uh (negative response).

Q.

 Nothing happened inside the car while it

was spinning?

A.No.

Q.

 Did either you or Richard say anything

while the car was spinning?

A. No. I was trying to hold on because I

thought the car was fixing to turn over.

Q.

 Did you see when the Lincoln hit your car

that third time?

13 (Pages 49 to 52)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 15 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 53 Page 55

1 A. Uh-huh (positive response). 1

2 Q.

 How did it hit you the third time? 2

3 A. Just like he put the edge of his bumper 3

4 on -- on the corner of my cousin's bumper. 4

5 Q.

 The edge of his front bumper? 5

6 A. Yeah. Like the driver's side, he pushed it 6

7 with the passenger's side of my cousin's 7

8 car. 8

9 Q.

 And you were looking at him when that 9

10 happened? 10

11 A. (Witness nods head). 11

12 Q.

 Did Richard's car hit anything between the 12

13 time that it was hit the third time arid the 13

14 time that it came to rest? 14

15 A. Huhuh (negative response). - 15

16 Q.

 Isthatano? 16

17 A. No. 17

18 Q.

 Did you suffer any injuries at all in -- or 18

19 as a result of the car being forced off the 19

20 road? 20

21 A. No. 21

22 Q.

 Was Richard hurt? 22

23 A. No. 23

Page 54

1 Q. Okay. What happened with the Lincoln after 1

2 y'all were spun out? 2

3 A. They pulled up right in like on the side of 3

4 the car. 4

5 Q. About like what you see there in 5

6 Defendant's 8? 6

7 A. About like that Like they were back a 7

8 little bit. 8

9 Q. Okay. Is that the Lincoln in Defendant's 9

10 Exhibit 8 that we can just barely see there? 10

11 A. Yes. 11

12 Q.

 What happened once everybody came to a rest 12

13 or a stop? 13

14 A. They got out the car. And when my cousin 14

15 was getting out, they shot like right at 15

16 the door. 16

17 Q.

 Let's take this kind of slow and walk 17

18 through this whole thing. They got out of 18

19 the car; is that right? V 19

20 A. Yes. 20

21 Q.

 Did you get out of the car? 21

22 A. I was fixing to get out. 22

23 Q.

 Did you actually get out? 

V 23

A. No. I was fixing to, though, until they

shot

Q: Did Richard get out?

A. He was fixing to.

Q.

 When they got out of the car -- the two

officers I'm talking about -- did they say

anything?

A. They got out and pointed the guns.

Q.

 Did they say anything?

A. Not that I recall.

Q.

 Were you able to see any badges on them at

that point?

A. Yeah. After they pulled them out of their

shirts.

Q.

 When did they pull them out of their

shirts?

A. When they jumped out of the car and they

pointed their guns.

Q.

 So they jumped out of the car pointing

their guns, pull their badges out of their V

shirts?

A. Because they was on a chain.

Q.

 Around their necks?

Page 56

A. (Witness nods head).

Q.

 Did they give any commands to get on the

ground?

A. Not when they first -- at first they

didn't.

Q.

 So at some point they did?

A. They told him to get out the car.

Q.

 Told him to get out of the car first?

A. Uh-huh (positive response).

Q.

 Did he do that? -

A. Yes.

Q.

 How far did he get out of the car?

A. Just standing up in the doorway.

Q.

 Where were his hands?

A. On his side until they told him to put them

up.

Q.

 Until they told him to put his hands up?

A. Yes.

Q.

 Did he put his hands up?

A. Yes.

Q.

 Where were your hands while all this was

going on?

A. In my lap. I was still in the car.

14 (Pages 53 to 56)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 16 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 57 Page 59

1 Q.

 Were you watching what was going on? 1

2 A. Yeah. 2

3 Q.

 Were any of the guns pointed at you? 3

4 A. When he walked on my side. 4

5 Q.

 Fm talking about that point right there in 5

6 time when Richard is out of the car with 6

7 his hands up. Is anybody pointing their 7

8 guns at you? 8

9 A. He was like standing right in front of me, 9

10 so it was like they were pointing them at 10

11 me. 11

12 Q. So Richard was between you and them; is 12

13 that right? 13

14 A. Yes. 14

15 Q.

 All right. Richard puts his hands up. 15

16 What happens next? 16

17 A. They put the handcuffs on him and started 17

18 snatching him around. 18

19 Q.

 Hang on just a second because we're 19

20 skipping something here obviously. Because 20

21 you told me there was a shot fired 21

22 somewhere in here and there was some 22

23 commands to get on the ground. So let's go 23

Page 58

1 back. After Richard puts his hands up, 1

2 what's the next thing that happens? 2

3 A. They shot before they told me to get out 3

4 At the time the car stopped, he opened the 4

5 door. That's when they shot. 5

6 Q.

 He was still in the car? 6

7 A. Uh-huh (positive response). 7

8 Q. How much time passed between the time that 8

they told him to get out of the car and 9

10 there was a shot fired? 10

11 A. Maybe 30 seconds. 11

12 Q.

 Where was the shot fired? 12

13 A. Like right at the ground with -- if he 13

14 would have stepped out where his foot would 14

15 have been like right at the door. 15

16 Q. Explain to me how you were able to see that 16

17 if he wasn't out of the car yet 17

18 A. Because I can see the dirt jumping off the 18

19 ground. 19

20 Q. Was the car door open? 20

21 A. Yes. 21

22 Q.

 But Richard was still in the car? 22

23 A. Yeah. He was fixing to get out, but they 23

shot.

Q. So you were able to see past Richard to

where this round hit?

A. How the car was it was like my side was up

on the hill, so I look at the ground

from -- with his door open.

Q. Okay. Fair enough. How far from the car

did the round hit?

A. It was like right by if he would have

stepped out

Q. Let's look at Defendant's Exhibit 2. Show

for me on Defendant's Exhibit 2 where that

round hit

A. Maybe right there somewhere.

Q. All right So you were showing -- Please

put your finger back there. I need to

describe it for the record. You've got

your finger it looks like right in between

the front door and the back door; is that

right?

A. Uh-huh (positive response).

Q. And at least the way the picture is kind of

at the bottom -- even with the bottom of

Page 60

the front door --

A. TJh-huh (positive response).

Q.

 -- where it's open?

MR. MASTERS: Is that yes or no?

A. Yes.

Q.

 About how far in feet would you say that

was from the car?

A. Maybe one.

Q.

 Other than the badges and the guns, did you

see any other kind of equipment on the two

officers?

A. I think they had handcuffs.

Q. Anything else?

A. No.

Q.

 Do you know what a Taser is?

A. Yes.

Q.

 You've seen one before?

A. Yes.

Q.

 Did they have a Taser?

A. No.

Q.

 Do you know what pepper spray is?

A. Yes.

Q.

 Did they have pepper spray?

15 (Pages 57 to 60)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 17 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 61 Page 63

A. No.

Q. Other than telling Richard to get out of

the car, did they say anything else before

firing a shot?

A. No.

Q. Did they identify themselves as police?

A. Yeah. After they shot.

Q. After they shot How long after they shot?

A. Probably a couple of seconds.

Q. What did they say to identify themselves as

police?

A. They pulled their badges out of their

shirts and said they was the police.

Q. Okay. You told me just a minute ago they

pulled their badges-out of their shirt as

they were getting out of the car.

A. I'm saying when they first got out of the

car they shot. Then he pulled the badge

out of his shirt.

Q. Did they tell him to get out of the car

before or after they pulled the badges out?

A. After.

Q. How many times did they shoot?

Page 62

1 A. One. 1

2 Q. Who was it that shot? 2

3 A. I'm not sure which one of them shot 3

4 Q.

 When they got out of the car, how far out 4

5 of the car did they go? 5

6 A. Like behind the door. 6

7 Q. So the one who got out of the passenger's 7

8 side, where did he go? 8

A. He was behind his door. 9

10 Q. And the driver? 10

11 A. Behind his door. 11

12 Q.

 Where was the gun in your car while all 12

:13 this was going on? 13

14 A. On the seat. 14

15 Q.

 Where were Richard's hands? 15

16 A. When? 16

17 Q. Before he got out of the car. 17

18 A. He took his seat belt off. 18

19 Q.

 So he had to reach down to his side to do 19

20 that; right? 20

21 A. Uh-huh (positive response). 21

22 Q. Onto his right side? 22

23 A. Yeah. 23

Q. And that's where that gun was, wasn't it?

A. It was like in the middle of the seat.

Q. But it was to his right side; correct?

A. Uh-huh (positive response).

Q. Isthatayes?

A. Yes.

Q.

 Okay. Let's move forward in time. Richard

has gotten out of the car. He's got his

hands up?

A. Uh-huh (positive response).

Q.

 Now what happens?

A. They put the handcuffs on him.

Q.

 Was he ordered to get to the ground?

A. Yes.

Q.

 Did he go to the ground?

A. Yes.

Q.

 By himself?

A. Halfway by himself until they started

grabbing him.

Q.

 So he tried to go to the ground before they

grabbed him? Is that what you're telling

me?

A. Yeah. He was going to the ground getting

Page 64

on his knees and they just forced him on

down.

Q.

 You're saying they. Did both officers come

over to the car?

A. Yes.

Q.

 Describe for me how that happened.

A. How it happened?

Q.

 Yes, sir.

A. The passenger came from behind his door and

then the driver came from behind his door.

And when they got him on the ground, that's

when the passenger's side -- I mean the

officer on the passenger's side came to my

side.

Q.

 Did Richard already start going towards the

ground before they left out from behind

their doors?

A. He was getting on his knees.

Q.

 Was he on his knees before they left their

doors?

A. Yes. He was getting on his knees when they

told him to get down.

Q.

 How long did it take them to get from where

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16 (Pages 61 to 64)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 18 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 65 Page 67

1 they started outside of their doors to

2 Richard?

3 A. Maybe two seconds, because they were right

4 in front of us.

5 Q. When they got to Richard, what did they do?

6 A. The one on the driver's side pushed him on

7 the ground.

8 Q. How?

9 A. Like from his back. He just pushed him on

10 the ground.

11 Q. One hand? Two hands?

12 A. One, because he had a gun in his other

13 hand.

14 Q. Which hand did he use to push him on the

15 ground with?

16 A. I guess his left.

17 Q.

 So the gun was in his right hand; is that

18 right?

19 A. If I'm not mistaken.

20 Q.

 What was the other one doing?

21 A. Like had his knees on the back of his neck

22 once he got on the ground.

23 Q.

 Before he got on the ground while the

1 A.

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Uh-huh (positive response).

With his knee on Richard's back?

Yeah. Because they was right in front of

the door and he had his knee on his back

and he was looking at me pointing the gun

at me telling me not to move.

Once they got him cuffed, what did they do

next?

Snatched him up off the ground and started

grabbing on his neck and stuff. And his

pants and all that.

Did he just forget about you?

No. The big one did once they got the

handcuffs on him. The other one that was

on thepassenger's side walked on my side

and told me to get out of the car.

How did he go? How did he get to your

side?

He walked around the front.

What did he do once he got to your side?

Told me to get out the car.

Were you paying attention to him at that

point in time?

I

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Page 66

driver was pushing him down, what was the

one that came from the passenger's side

doing?

A. Looking at me telling me don't move.

Q. What was he doing with his weapon?

A. Pointing it at me.

Q. So Richard then goes to the ground?

A. Uh-huh (positive response).

Q. And after he gets to the ground what

happens?

A. That's when they put the handcuffs on him.

Q. Who put the handcuffs on him?

A. Chris West.

Q. How did they cuff him? How did Chris cuff

him? Excuse me.

A. With his hands behind his back

Q. What did Chris do with his gun?

A. He put it in his holster after he put the

handcuffs on him. But the other one still

had his out.

Q. Where was that pointed?

A. At me.

Q. So he's still pointing at you?

Page 68

A. Which one?

Q.

 The one who was around on your side of the

car now.

A. Yes.

Q.

 And when he told you to get out of the car,

what did you do?

A. Get out.

Q. How did you get out?

A. Through the passenger's side.

Q. Did you open the door? Did you go out the

window? How did you get out?

A. Open the door.

Q.

 Andheletyoudothat?

A. Uh-huh (positive response).

Q.

 Isthatayes?

A. Yes.

Q.

 - Once you got out of the car, what happened

next?

A. They put the handcuffs on me.

Q.

 Who put the handcuffs on you?

A. The officer on the passenger side.

Q. Explain for me the handcuffing process for

you. How did he get cuffs on you?

17 (Pages 65 to 68)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 19 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 69 Page 71

1 A. He just told me to stand on the side of the 1

2 car and he grabbed one of my arms and put 2

3 it behind my back and grabbed the other 3

4 one. 4

5 Q. Didn't put you on the ground? 5

6 A. Huh-uh (negative response). 6

7 Q. 

Isthatano? 7

8 A. No. 8

9 Q. Once he got the handcuffs on you, what 9

10 happened next? 10

11 A. He made me sit in the grass. 11

12 Q. Where we see you on Defendant's Exhibit 8? 12

13 A. Yes. 13

14 Q. Is that right? 14

15 A.—Yes. 15

16 Q. So he took you over there? 16

17 A. Yes. 17

18 Q. Were you able to -- What, if anything, were 18

19 you able to see that was going on with 19

20 Richard while this was happening? 20

21 A. I just saw the bigger one that was driving 21

22 the car just had his hand around his neck 22

23 telling him to shut up and don't move and 23

Page 70

1 puffing all on his pants and stuff. 1

2 Q.

 Was Richard resisting him in any way? 2

3 A. No. 3

4 Q.

 Was he telling him he wasn't going to go 4

5 anywhere? 5

6 A. No. He just kept asking him why did they 6

7 pull him over and knock him off the road. 7

8 Just told him to shut up. 8

9 Q. Was your radio still on at this point? 9

10 A. No. 10

11 Q. What happened with Richard? What did they 11

12 do with him? 12

13 A. Theyputhim-- Ithinktheyputhimin 13

14 another car because I was in the Lincoln. 14

15 Q.

 That's a little bit further down the road, 15

16 though, right, in time? 16

17 A. What? 17

18 Q. Because they put you over here sitting on 18

19 the side of the hill initially; right? 19

20 A. Uh-huh (positive response). 20

21 Q. While you were sitting over here on the 21

22 bill, what did they do with Richard? 22

23 A. I think he was in the back seat of that car 23

and another car pulled up. I know we

wasn't in the same car.

Q. Back seatof what car?

A. That Lincoln. I think that's what be was

in. Because after they sat me on the

ground it was like the car -- the Nova, it

was kind of like blocking because they had

him over there on the ground.

Q. When you say blocking, does that mean you

couldn't see what was going on?

A. After they sat me in the grass.

Q. Did you see anything else happen before --

Let me back up. Another police car came at

some point?

A. Yes. Because I remember he was in-- when

they stopped at the store, he was in

another car. He wasn't in the car with me.

Q. What happened between the time that you

were sat there on the hill and that other

police car came?

A. They was looking through his car.

Q. Who was looking through his car?

A. Chris West.

Page 72

Q.

 Just Chris?

A. And the other guy was, too, but he wasn't

looking in it like the other guy was.

Q.

 Did they take anything out of the car?

A. Their gun.

Q.

 What did they do with the gun?

A. I think they sat it on the hood of their

car.

How soon after you guys came to a rest

after being knocked off the road did they

get the gun?

A. Probably after they sat me in the grass.

Probably about maybe two, three minutes

later, because time they looked in there

that's when they seen it.

When did they first -- When did you first

know that they knew that there was a gun in

the car?

A. Because I heard one of the officers said

something about we pointing our guns at

them and he got a gun in here bigger than

ours.

Q. 

First of all, who made that comment?

18 (Pages 69 to 72)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 20 of 34
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Deposition of Kelvin Cannichael November 14, 2007

Page 73 Page 75

A. The guy that was on the passenger side. 1

Q.

 And when did he make that comment? 2

A. Once they looked in the car. 3

Q.

 Was that before or after they cuffed 4

Richard? 5

A. After. 6

Q.

 How long after they cuffed Richard? 7

A. Probably about three, four minutes. It 8

wasn't that long. 9

Q.

 Did they take some pictures that day? 10

A. They took a picture of me. 11

(Defendant's Exhibit 13 was marked 12

for identification.) 13

Q.

 Let me show you Defendant's Exhibit 13. Is 14

that the picture they took of you? - 15

A. Yes. 16

Q.

 Did you see them taking these other 17

pictures that we've been talking about 18

today? 19

A. Not really. I remember they took this 20

picture right here. Not this one, but the 21

one where I was sitting in the grass. 22

Q.

 Defendant's 8? 23

Page 74

A. Uh-huh (positive response). 1

Q.

 Isthatayes? 2

A. Yes. 3

Q. Well, everything that we've showed you so 4

far, that is the way it was on that day; 5

correct? 6

A. Yes. 7

Q.

 They took a picture of Richard too; right? 8

A. Yes. 9

Q. Let me show you Defendant's 11. Is that 10

how he looked that day? 11

A. Yes. 12

Q.

 Let me show you Defendant's 9. What is 13

that? 14

A. Looks like about $15. 15

Q.

 Can you tell where that's at? 16

A. Looks like under a bed. - 17

Q.

 That's not in Richard's car? 18

A. No. He don't have carpet 19

Q.

 Let me show you Defendant's 4. Is that a 20

picture of the inside of Richard's car that 21

day? 22

A. Yes. 23

Q.

 Is that his ashtray?

A. Yes.

Q.

 And those bullets were in the ashtray that

day?

A. I guess. I didn't look in the ashtray.

Q.

 But you do recognize that as his ashtray;

correct?

A. Yeah. That's the inside of his car.

Q.

 At any point after Richard got out of the

car but before he was placed in handcuffs

did he try to get back in the car?

A. No. Because as soon as he opened the door,

they shot and he didn't ever move until

they told him to get out

Q.

 Did he ever try to reach back into the car?

A.No.

Q.

 Other than the gun, did they take anything

else out of the car during the search?

A. No.

Q.

 Did anybody search you?

A. Yes.

Q.

 Who searched you?

A. Officer on the passenger side.

Page 76

Q. Did they take anything from you?

A. No.

Q.

 Did you see anybody search Richard?

A. Yes.

Q.

 Who searched Richard?

A. Chris West.

Q.

 Did you see them take anything from

Richard?

A. I seen them snatching all on his pants.

That's when they made me sit down in the

grass.

Q.

 Did you see them take anything from him,

though?

A. No.

Q.

 How long were you sitting there in the

grass before that police car showed up?

A. Maybe about 30, 45 minutes.

Q.

 And you said they put you in what car?

A. That Lincoln.

Q.

 Did they put you in the car after that

other police car showed up?

A. After they put him in the car, yes.

Q.

 After they put. who in the car?

19 (Pages 73 to 76)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 21 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 77 Page 79

1 A. Richard. 1

2 Q. And they put him in which car? 2

3 A. The police car. 3

4 Q. Then they came and got you and put you in 4

5 the Lincoln; is that right? 5

6 A. Yes. 6

7 Q. What happened after y'all got put in the 7

8 cars? 8

9 A. The other officer got in Richard's car. 9

10 Q. Which other officer? 10

11 A. The one that was on the passenger's side. 11

12 Q. What happened then? 12

13 A. We drove up the road about a little less 13

14 than a mile. That's when Chris West pulled 14

15 over on the side of the road and picked up 15

16 something. 16

17 Q. Did you see what it was he picked up? 17

18 A. No. Heputitinabag. 18

19 Q. Did you ever come to learn what it was that 19

20 he picked up? 20

21 A. No. Ijust know what he said when he got 21

22 back in the car. 22

23 Q. What did he say? 23

Page 78

1 A. We got your cousin's ass now. 1

2 Q. Did he say anything else besides that? 2

3 A. No. 3

4 Q. Did you know what he meant by that? 4

5 A. No. 5

6 Q. How did he know at that point that you were 6

7 cousins? 7

8 A. Because they -- he asked me. 8

9 Q. When did he ask you that? 9

10 A. While I was sitting on the ground, they 10

11 asked me how did I know him. 11

12 Q.

 All right. Once Chris gets back in the 12

13 car, what happens after that? 13

14 A. They go on down the road to the store. 14

15 Q. What store did they go to? 15

16 A. Howard, Howard Hooks. 16

17 Q. Where is that at? 17

18 A. Probably about a mile from where we was at 18

19 Q. Towards Hayneville? Towards Wilcox County? 19

20 A. Towards Haynevifie. 20

21 Q. And what happened when you got to the 21

22 store? 22

23 A. The police car pulled up and they pulled up 23

in his car and was putting gas in it. And

the police car had a flat and we had to sit

there until they fixed the flat.

Q. How long did that take?

A. Probably about 30 minutes.

Q. Anything else happen there at the gas

station besides putting gas in Richard's

car and fixing the flat?

No. The other officer left in the car

after that, after he put the gas in.

Q. Left in Richard's car?

A. Yeah.

Q. Was the passenger still driving Richard's

car?

A. Yes.

Q. He left before you did?

A. Yes. After he put the gas in, he left and

got out and was fixing his tire and Chris

West stayed there until he got through.

After the tire was fixed, then what

happened?

A. They took us to the Hayneville jail.

Q. How long did it take you to get to the

Page 80

Hayneville jail?

A. Maybe five minutes. Five, 10 minutes.

Q. Other than the comment that Chris made to

you when he found whatever it was he found

on the side of the road, did y'all have any

other conversation at any time before you

got to the jail?

A. No. He had the radio up.

Q.

 Did he talk on that CB radio as you

described it while y'all were going to the

jail?

A. No.

Q. How long does it take to get from that

store to the jail?

A. Maybe five, 10 minutes.

Q. What happened once you got to the jail?

A. They started dressing my cousin out Well,

made him change clothes.

Q. What happened with you once you got to the

jail?

A. Nothing.

Q.

 Nothing?

A. No.

20 (Pages 77 to 80)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 22 of 34
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Deposition of Kelvin Carmichael November 14, 2007

Page 81

Q.

 Okay. You athve in the Lincoln. You're 1

still in handcuffs; right? 2

A. Yes. 3

Q.

 Car stops? 4

A. Yes. 5

Q.

 What happens after the car stops? 6

A. They just take me on the inside where they 7

book you at, where they put you in there 8

at 9

Q.

 Were you booked? 10

A. No. 11

Q.

 What did they do with you? 12

A. He just took me in a room and started 13

asking me questions. Then he told me to 14

call me a ride because I ain't who they 15

want 16

Q.

 How long were you in the booking area 17

before being taken to that room? 18

A. Maybe 30,45 minutes. 19

Q.

 Were you able to see Richard get booked? 20

A. Yes. 21

Q.

 What happened with Richard's booking? 22

A. They took him in the back and made him 23

Page 82

change clothes back there with Chris West.

And when they came back to the front, they

put his stuff on the counter and they got

into it about that wasn't the money that he

had.

Q. Who is they that got into it?

A. He told Chris West that that wasn't the

money that he had in his pocket, that some

of it was missing.

Q. What did Chris say?

A. Told him to shut up and told the people to

put him in a -- like a little cell right

beside.

Q. Did they do that?

A. Yes.

Q. How many people besides you, Chris West,

and Richard were there in the booking area?

A. It was a lady at the desk and another guy.

Q. Was the deputy who transported Richard, was

he there?

A. Not that I remember.

Q. Who was the other guy?

A. Someone up behind the desk with the girl.

Page 83

Q.

 Was he wearing a uniform?

A. Yes.

Q.

 Was it ajail uniform?

A. It was like he worked there.

Q.

 What about the girl as you described her,

was she somebody who worked there too?

A. Yes.

Q.

 Do you know who she was?

A. No.

Q.

 Haven't seen them since?

A. No.

Q.

 Who took you back into that room that you

were telling me about?

A. Chris West

Q.

 And how long were you back there with him?

A. Maybe 20 minutes.

Q.

 What did y'all talk about?

A. He just was asking me questions. Then

another guy came in.

Q.

 Who was the other guy?

A. I don't know. He had on like a suit.

Q.

 White guy or black guy?

A. Black guy.

Page 84

Q.

 Did he have a badge?

A. Yes.

Q.

 And a gun?

A. Yes.

Q.

 Did he ask you questions?

A. Yes.

Q.

 Did you make this statement that's

Defendant's Exhibit 6 while you were back

there in that room?

A. I think that's the paper. I know they had

me write something.

Q.

 I'll let you look at it again and you tell

me if that's what you did that day.

A. Yes.

Q. Anybody else besides Chris and the guy in

the suit come back there and talk to you?

A. No.

Q.

 And what happened after you made the

statement?

A. He told me he would call me a ride.

Q.

 And did you do that?

A. Yes.

Q.

 Who didyou call?

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Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 23 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 85 Page 87

1 A. My aunt. But -- 1

2 Q. Which aunt? 2.

3 A. Shirley Marshall. But she wasn't there, so 3

4 they told one of the police guys to take me 4

5 home. 5

6 Q.

 After you were taken back to that room 6

7 where you made the statement, did you see 7

8 Richard again that day? 8

9 A. No. 9

10 Q.

 Were there ever any charges pressed against 10

11 you? 11

12 A. No. 12

13 Q. Other than you and Richard, do you know of 13

14 anybody else who claims that they witnessed 14

15 thechase? - 15

16 A. No. 16

17 Q.

 Do you know of anybody who claims to have 17

18 witnessed them ramming you off the road? 18

19 A. No. 19

20 Q.

 Do you know of anybody who claims to have 20

21 gone by and saw y'all on the side of the 21

22 road? 22

23 A. I seen cars stopping, but I ain't know who 23

Page 86

1 they was. 1

2 Q. You didn't recognize anybody? 2

3 A. No. 3

4 Q. Do you know what happened to that gun? 4

5 A. No. 5

6 MR WILFORD: Let's take a break. 6

7 (Brief recess was taken.) 7

8 Q. Mr. Carmichael, what kind of stuff did you 8

9 and your cousin Richard do before this 9

10 incident? 10

11 A. At his house? 11

12 Q.

 Just in general. What kind of stuff did 12

13 y'all do? 13

14 A. Just sit around, watch TV, and used to go 14

15 to the casino. 15

16 Q.

 Which casino? 16

17 A. In White Hall. 17

18 Q. Anything else? 18

19 A. Just around my cousin's house. 19

20 Q.

 Do y'all still do those same things now? 20

21 A. I'm back up in Montgomery. 21

22 Q.

 You don't hang around with him anymore? 22

23 A. I see him every now and then. 23

Q. When you see him every now and then, do

y'all do the same things you used to do?

A. Like when he come up here, we'll probably

go to the mall or something. But that's

been probably a year ago.

Q. That's just because y'all are separated by

distance now; right?

A. Yes.

Q.

 Have you noticed any changes in his

behavior?

A. No.

MR. WILFORD: I think that's all I

have.

MR. LEWIS: That's it.

(Deposition was concluded at

approximately 3:25 p.m.)

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

FURTHER DEPONENT SAITH NOT

Page 88

REPORTER'S CERTIFICATE

STATE OF ALABAMA:

MONTGOMERY COUNTY:

I, Lyn Daugherty, Certified Shorthand

Reporter and Commissioner for the State of Alabama

at Large, do hereby certify that I reported the

deposition of:

KELViN CARMICHAEL

who was duly sworn by me to speak the Iruth, the

whole truth and nothing but the truth, in the

matter of:

RICHARD MARSHALL,

Plaintiff,

vs.

CHRIS WEST, in his individual

capacity, LASHUN HUTSON, in his

individual capacity,

Defendants.

IN THE UNiTED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

Civil Action No. 2:06-cv-701-ID.CSC

on Wednesday, November 14, 2007.

22 (Pages 85 to 88)

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 24 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 89

1 The foregoing 87 computer-printed pages

2 contain a true and correct transcript of the

3 examination of said witness by counsel for the

4 parties set out herein. The reading and signing is

5 hereby waived.

6 I further certify that I am neither of kin

7 nor of counsel to the parties to said cause nor in

8 any manner interested in the results thereof.

9 This 13th day of December 2007.

10

11

12 ______________________________

Lyn Daugherty, ACCR #66

13 Expiration Date: 9-30-2008

Certified Court Reporter

14 And Commissioner for the

-. State of Alabama at Large

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Deposition of Kelvin Carmichael November 14, 2007

Page 1

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24:5 29:1630:220 23:14,18 26:3 27:3 25:15 27:6 bigger 69:2172:21 71:1,2,3,6,13,17,17

31:5 36:3 38:5 10 42:2 57:7 75:20 76:3 ___________________ bill 32:10 71:20,21,22 72:4,8

41:842:15,19,20 84:15 85:14,17,20 B birth8:2 72:18 73:3 74:18,21

43:14 45:9,11 47:23 86:2 back 12:8 19:7 26:10 bit43:19 44:10 45:15 75:8,10,11,15,18

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83:13,17 37:16 38:5,12,13 66:16 67:2,4 69:3 bond 20:12,14 3:44:5,13,19 86:8

ACCR 1:17 89:12 41:844:1246:11 70:23 71:3,13 75:11 book8l:8 88:8

Action 1:7 88:22 47:22 50:13 52:10, 12 75:15 77:22 78:12 booked 8 1:10,20 carpet 74:19

actually 28:1 32:2 52:12,18 53:12 55:7 81:23 82:1,2 83:12 booking 81:17,22 carrying 32:12

40:16 44:1,5 49:8 55:9 60:13 61:3 83:15 84:8,1685:6 82:17 cars 39:17 40:21 48:7

54:23 69:18 71:12 72:4 86:21 born 8:6 77:8 85:23

addiction 21:19 75:17 76:1,7,12 78:2 badge 61:18 84:1 both 64:3 case 3:18,20 7:21

address 10:14 13:10 12 79:6 86:18 badges 55:11,20 60:9 bottom 59:23,23 casino 86:15,16

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79:10,10,17,20 81:6 49:6,7,9,20 22:18,19 24:21,23 business 30:2 certify 88:6 89:6

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Afterwards 48:23 around 39:7 40:19 34:4 39:15 41:6 ___________________ chance 35:6 45:17

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against 85:10 57:18 67:19 68:2 73:4 75:10 76:16 came 38:18 53:14 charge 19:5 20:19

ago 19:15 61:14 87:5 69:22 86:14,19,22 79:16 80:6 81:18 54:12 64:9,10,13 charges 20:16 85:10

agree 22:7 arrest 16:5,16,20 17:6 86:9 66:2 71:13,20 72:9 chase 85:15

agreed 3:2,16,23 17:11,23 18:7,19 behavior 87:10 77:4 82:2 83:19 child 14:3

agreement 1:16 19:12,18 21:8 behind 39:1 41:6 42:7 capacity 1:9,9 88:16,17 children 13:22

ahead 6:8 32:17,23 arrested 15:7,9,15,20 42:9,23 44:3 47:5,16 car 22:23 23:1 24:16 Chris 1:8 35:17,18

ain't21:1230:1 39:11 15:23 16:2,14 17:15 48:1862:6,9,1164:9 24:17 25:21 26:8,9 66:13,14,17 71:23

47:17 81:15 85:23 18:5 19:14 20:3 21:9 64:10,16 66:16 69:3 26:11,13,18 27:7,10 72:1 76:6 77:14

Alabama 1:2,18,20 2:5 21:11 82:23 27:12,14 28:6,14,21 78:12 79:18 80:3

2:113:888:2,520 arrive 81:1 being 47:23 53:19 28:23 29:10,10,13,18 82:1,7,10,16 83:14

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alcohol2l:18 28:6 asked 30:1 36:5,12 belonged29:3 38:3,6,13,15,18 39:5 church 14:9,11,13

alcoholics2l:6 78:8,11 belt28:2,462:18 39:1842:8,10,14,22 cityl6:2,418:619:2

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41:1644:470:6 beside 82:13 47:3 5 1:3,9,18 52:2,5 Civil 1:7 3:5 88:22

- 1.assi .at42-m

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 27 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 2

claims 85:14,17,20

class 20:22 21:4,5,6,16

Clements 2:3

client 27:7 33:4

clothes 34:5 37:6 80:18

82:1

club 19:23

college 10:22

Colonies 12:10

come 6:20 7:16 24:17

32:19 64:3 77:19

84:16 87:3

coming 39:17

commands 56:2 57:23

commencing 1:21

comment 72:23 73:2

80:3

commission 3:9

Commissioner 1:18 3:7

88:5 89:14

computer-printed 89:1

concluded 87:15

conference 5:3

contain 89:2

conversation 80:6

corner 53:4

correct 63:3 74:6 75:7

89:2

counsel 3:3,17 89:3,7

counter 82:3

counting 32:2 1

county 16:3 20:5,6,7,10

22:5 39:14 78:19

88:3

couple 6:10 17:20 19:1

20:11 44:19 46:15

61:9

court 1:1,17 4:22 12:11

13:6 20:20 88:19

89:13

courtroom 5:2

cousin 13:21 23:7 26:9

31:9,13,21,23 36:5,9

54:14 80:17 86:9

cousins 23:2,3 78:7

cousin's 53:4,7 78:1

86:19

cross 51:13

Crossing 11:21 12:1,3

12:9

cuff 66: 14, 14

cuffed 67:7 73:4,7

cuffs 68:23

Cypress 12:11 13:6

dark 38:7

DaryI2:8

date 8:2 22:9,11,14,15

89:13

Daugherty 1:17 3:6

88:4 89:12

Davenport 11:7,12,15

day 7:1 22:17 23:14

26:23 28:14 30:18

31:8 32:3 48:2 50:5

73:10 74:5,11,22

75:4 84:13 85:8 89:9

days 10:9

December 89:9

Defendant 2:7,2 1

Defendants 1:10 88:18

Defendant's 26:16 28:9

29:2,5,16,19 49:14

50:3 52:1 54:6,9

59:11,12 69:12 73:12

73:14,23 '74:10,13,20

84:8

Department 17:17

DEPONENT 87:19

deposition 1:15 3:4,6

3:13,18 4:2,20 6:10

6:15 7:14 26:17

87:15 88:7

deputy 82:19

describe 34:13 46:8

51:7 59:17 64:6

described 46:12 80:10

83:5

desk 82:18,23

difficult 5:14

dirt 58:18

disagree 22:13

discussion 21:15

distance 87:7

DISTRICT 1:1,2 88:19

88:20

DiVISION 1:3 88:21

documents 7:23

doing 22:17,21,22

25:23 65:20 66:3,5

done 43:10

door 54:16 58:5,15,20

59:6,19,19 60:1 62:6

62:9,11.64:9,10 67:4

68:10,12 75:12

doors 64:17,20 65:1

doorway 56:13

down4:23 5:15 32:17

37:18,19,20 40:13

42:6 62:19 64:2,22

66:1 70:15 76:10

78:14

dressing 80:17

drink 25:4 26:5

drive 1:20 2:10 11:7,15

28:4 49:11

driver 34:17 35:9,11,14

35:1646: 19 62:10

64:10 66:1

driver's 18:10 19:10

53:6 65:6

drives 49:11

driving 18:8 19:4 27:10

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drove 77:13

drug 21:18

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each 16:17

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enough 43:18 59:7

equipment 60:10

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ever 4:19 10:10,22 11:1

14:11,20 15:1,7 19:7

21:18,21 29:23 30:14

30:23 3 1:3,19 32:2

39:13 40:16 47:22

51:2 75:13,15 77:19

85:10

every 5:1 86:23 87:1

everybody 54:12

everything 74:4

evidence 3:13

examination 2:15 4:9

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66:15

Exhibit 2:19 26:16

28:9 29:2,5,16,19

49:14 50:3 52:1

54:10 59:11,12 69:12

73:12,14 84:8

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explain 12:22 58:16

68:22

explanation 5:13

F

facial 34:22

facts 7:20

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far 13:13,15,16 56:12

59:7 60:6 62:4 74:5

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fast 42: 16

faster 42:18

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fell 41:6

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filing 3:18,22

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finger 59:16,18

fmish 5:7

fired 57:21 58:10,12

firing 61:4

first4:6,14 15:19 24:9

27:7 30:17,23 31:3

33:1,3,13 43:9,14

44:8,16,23 45:3,11

45:13,20 56:4,4,8

6 1:17 72:16,16,23

five 13:17 14:4 15:10

15:15 21:10 80:2,2

80:15

fixed 79:3,20

fixing 14:4 31:14 32:15

32:22 43:11 45:2,5

51:19 52:7,21 54:22

55:1,4 58:23 79:8,18

flashing 40:11

flask 28: 10,12,14

flat 79:2,3,8

fly 52:10

followed 42:9

follows 4:8

foot 58:14

forced 53:19 64:1

foregoing 89:1

forget 67:12

form 3:10

formality 3:9

forward 45:15 63:7

found 34:10 80:4,4

four 8:22 21:10 73:8

fourth 19:12

four-lane 38:20

Fred 2:3

from 7:12 10:16,18

13:13 24:5 25:16

31:22 37:13 39:19

42:12 48:5 59:6,7

60:7 64:9,10,16,23

65:9 66:2 76:1,7,12

78:18 80:13

front 29:18 53:5 57:9

59:19 60:1 65:4 67:3

67:19 82:2

full 35:3

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G

Gary 2:8

gas 32:16,22 79:1,6,7

79: 10, 17

general 86:12

gentleman 7:9

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getting 39:16 54:15

61:16 63:23 64:18,21

girl 11:13 82:23 83:5

give 31:16,19 56:2

given 4:19

glass 37:23

go 5:19 6:8 7:1 14:9,14

16:17 25:2,15 32:15

32:17,22,23,23 33:8

39:9,23 40:2 41:12

42:18 45:5 51:7,11

57:23 62:5,8 63:15

63:20 67:17 68:10

70:4 78:14,15 86:14

87:4

goes 66:7

going 4:23 5:4,5 6:2,3

12:7 16:17 21:16

25:12 26:15,20 32:16

32:23 37:12 42:16

45:22 50:10,16 56:22

57:1 62:13 63:23

64:15 69:19 70:4

71:10 80:10

gone 14:11 85:21

gotten 63:8

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69:2,3

grabbing 47:1 63:19

67:10

graduate 10:16,18,20

grandma's 24:6

grandmother 12:17,19

grandmother's 13:5,8

33:9

grass 51:20 69:11

71:11 72:12 73:22

76:11,16

gray 38:7

ground 52:8 56:3 57:23

58:13,19 59:5 63:13

63:15,20,23 64:11,16

65:7,10,15,22,23

66:7,9 67:9 69:5 71:6

71:8 78:10

guess 13:17 15:10 35:4

50:23 65:16 75:5

gun 29:5,8,21,23 30:4,9

30:15,21 31:1,4

33:12,20 36;1,3,14

36:15,20 38:1 39:11

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 28 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 3

41:22 50:9 62:12 hearing 37:13 i knee 67:2,4 light 40:9,11,12

63:1 65:12,17 66:17 her5:15 12:21 83:5 idea2O:4 knees64:1,18,19,21 lights38:1646:21,22

67:572:5,6,11,17,21 hereto3:214:1 identification73:13 65:21 like5:169:5 11:14 13:3

75:17 84:3 86:4 Herman23:5,1032:1 identif61:6,10 knew 72:17 15:13 16:15 21:3

guns 55:8,18,20 57:3,8 Herman's 23:13 iThss 21:22 knock 43:23 70:7 24:12,12,13 25:14

60:9 72:20 high 10:16,18 important 5:4 knocked 44:9 45:15 30:4,6 34:14,16 35:5

guy 34:1,16,18,18,21 Highway 12:13,13 22:4 incident 86:10 47:8,14 72:10 38:7,10,14 39:3,13

35:17 72:2,3 73:1 41:442:5,2248:5 independent 22:10 know 5:22 6:8,12 7:6,8 43:10,21,21,2245:15

82:18,22 83:19,20,22 hill 59:5 70:19,22 71:19 25:11 11:11 13:11,11,12 46:3,10,12 47:12

83:22,23 84:15 him 7:4,6,6,18 23:4 INDEX2:15,19 21:5 22:1 23:10,12 48:18 51:17,1953:3

guys 72:9 85:4 28:1 30:19 31:4,4,7 inthcathg 36:18 24:12 28:12,13,18 53:6 54:3,5,7,7,15

Gwendolyn24:2 31:15,16,16,19,19,22 inilividuau:8,9 88:15 29:9,22 31:7,9,10,21 57:9,10 58:13,15

32:5,7 34:13 35:5,6 88:17 34:2,8,9,14 35:3,11 59:4,9,18 62:6 63:2

H 36:5,7,12,12 39:9,10 inithily 70:19 35:18,20 36:4,6,8,13 65:9,21 71:6,7 72:3

hair 34:22 41:12,15,16,19 46:6 injuries 53:18 37:5 39:19 40:14 74:15,17 82:12 83:4

haircut34:15 47:1,1953:956:7,8 inside 52:4,11,12,15 41:14,18,18,20,21 83:21 87:3

Halcyon 1:19 2:10 56:15,1757:17,18 74:21 75:8 81:7 42:17 44:2 48:2 Lincoln 38:4 40:22

Halfway 63:18 58:9 61:20 63:12,19 interested 89:8 52:11 60:15,21 71:1 41:644:1 52:22 54:1

Ha1186:17 63:21 64:1,11,22 intersection40:6,17 72:17 77:21 78:4,6 54:970:1471:4

hand 36:14,23 46:7,9 65:6,9,14 66:1,11,12 introduced 3:19 78:11 83:8,21 84:10 76:19 77:5 81:1

48:21 49:16 65:11,13 66:14,15,19 67:7,9 ___________________ 85:13,17,20,23 86:4 line 51:13

65:14,17 69:22 67:14,22 69:23 70:2 j K-E-L-V-I-N 4:16 little 35:3 39:4 42:6

handcuffing68:22 70:4,6,7,7,8,12,13,13 jail 16:21,23 17:19 43:18,2144:1045:14

handcuffs 57:17 60:12 71:8 75:14 76:12,22 18:21,23 19:2 20:7 L 45:15 54:8 70:15

63:12 66:11,12,19 77:2 78:11 80:18 20:10 79:22 80:1,7 L2:3,8 77:13 82:12

67:14 68:19,20 69:9 81:23,23 82:11,12 80:11,14,16,20 83:3 lady 82:18 live 10:12 11:6,15,20

75:10 81:2 83:15 86:22,23 87:1 Jay 2:3,4 14:7 lane 38:20 12:1,8 24:3,3

hands3l:1256:14,17 himself 63:17,18 Joha9:21 10:4 Lanier 10:19 lived 11:3 13:4

56:19,21 57:7,15 h1t43:1,3,10,12,17 jumped 55:17,19 lap 56:23 living 12:3,14,19 13:14

58:1 62:15 63:9 44:1,5,7,14,17,17,22 jumping58:18 Largel:183:888:6 loaded29:21

65:11 66:16 45:2,4,9,14,16,20,23 June22:8,14 89:14 long8:129:21 10:1,4

hang57:19 86:22 46:1647:8,11,11 jt5:16 6:12 7:16 LASHUN 1:9 88:16 11:3,15 12:1,23

happen7l:1279:6 48:651:5,1752:12 11:11 12:21 13:11 lastl4:1323:10,12,13 15:22 16:23 17:11

happened 16:20 18:18 52:13,2253:2,12,13 15:10 16:14,16 21:12 later 17:12 18:2 31:20 18:23 25:20 42:12

18:20 19:4 20:9,21 59:3,8, 13 22:15 25:1,12 28:2 35:6 72:14 46:14 61:8 64:23

22:4,7 26:7 33:18 hitting 43:5 30:1 31:9 32:14,16 laughing 26:2 73:7,9 76:15 79:4,23

37:8 38:23 41:3 43:8 holdS2:20 33:1 35:1,3 36:4 Law 1:19 2:4,4,9 80:13 81:17 83:15

46:1 50:9,12 51:5 holding 36:20 49:11,12 38:15 39:5 41:16,17 lawsuit 12:5 15:1 look7:23 30:6 35:6

52:4,6,15 53:10 54:1 holster 66:18 41:18 42:9 43:10,14 learn77:19 39:7 42:22 43:6

54:12 64:6,7 68:17 home 39:23 40:2 85:5 49:20 53:3 54:10 learned 34:6 35:14 44:21 45:2,18 46:14

69:10 70:11 71:18 hood 72:7 56:13 57:19 61:14 least59:22 59:5,11 75:5 84:12

77:7,12 78:21 79:21 Hooks 78:16 64:1 65:9 67:12 69:1 leave 10:4,6 looked 43:2,13 45:3,6

80:16,1981:2284:18 hopefully5:20 69:21,2270:6,872:1 ledl2:4 46:2,3,1072:1473:3

86:4 hour 25:22 77:21 81:7,13 83:18 left9:11 32:633:2 74:11

happening 39:14 69:20 hours 17:1,20 19:1 86:12,14,19 87:6 51:12 64:16,19 65:16 looking 35:5 39:3,5

happens 39:20,22 42:5 20:11 ___________________ 79:9,11,16,17 44:6 46:12 49:22

57:16 58:2 63:11 house 13:5,8 23:23 K less 25:22 77:13 53:966:467:5 71:21

66:10 78:13 81:6 24:6,9,1925:1,15 keep 12:7 43:14 let 5:22 6:8,12 28:8 71:22 72:3

happy5:23 26:10,21 27:4,633:1 Kelvinl:152:163:4 37:841:1949:13 looks30:459:1874:15

hard 15:21 43:17 45:9 33:9 86:11,19 4:5,13,17,18 88:8 51:2,23 68:13 71:13 74:17

having4:628:1 30:9 Housekeeping 8:16 kept4l:16,17 70:6 73:14 74:10,13,20 Lots 8:20,21 9:4,11,14

Hayneviile78:19,20 Howard23:1224:2 Kevin4:17 84:12 9:19 10:5,6

79:22 80:1 78:16,16 kin 89:6 let's 12:7 43:14 54:17 loud 5:12

head5:9,15,16 19:21 Huh28:2236:10 kind5:19 14:22 15:11 57:23 59:11 63:7 1ow34:15

37:22 43:4 44:11 Huh-nh 9:16 39:8 15:21 24:12 25:13 86:6 Lowndes22:5

53:11 56:1 45:19 52:14 53:15 26:13 34:15 36:3 Lewis2:3,4 14:8 87:14 Lynl:163:688:4

bear36:9,l1 69:6 38:354:1759:22 Lewis's7:12 89:12

heard 36:12 37:15 hurt 53:22 60:10 71:7 86:8,12 license 18:10,15 19:7 ___________________

39:13 72:19 IIUTSON 1:9 88:16 19:10 38:13 M

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 29 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 4

mad 41:23

made 3:11 41:3 46:5

48:23 50:2 69:11

72:23 76:10 80:3,18

81:23 84:18 85:7

make 30:9 42:4 45:5,21

73:2 84:7

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man 41:19

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many 10:9 14:1 15:9

61:23 82:16

MAR 2:20

marked 26:16 28:8

51:23 73:12

married 10:10

Marshall 1:5 2:12 6:18

9:15 13:14,18 23:17

85:3 88:12

Marshall's 6:10 26:17

Martini 19:23

Masters 2:8 60:4

matter 88:11

may 3:6,11,13,19

maybe 13:17 15:10,22

17:12,13 24:13 25:14

25:22 42:15 44:19

46:15 58:11 59:14

60:865:3 72:13

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83:16

McDonough2:5

mean 12:23 37:16

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mental 21:21

middle 1:2 63:2 88:20

might 5:14 35:2 36:6

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mile 24:5 42:15 77:14

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miles 13:17

mind 30:12

mine 27:22 28:3

minute 12:18,21,23

52:10 61:14

minutes 72:13 73:8

76:17 79:5 80:2,2,15

81:19 83:16

mirror 39:3,4,22 48:14

48:16,22 49:10,11,13

49:16

missing 10:9 82:9

mistaken 27:21 65:19

model38:11

money 31:7,12,16,19

32:3,5,12,19 82:4,8

Montgomery 1:20 2:5

2:11 8:7 11:8 14:18

16:1 17:16,17 18:6

19:2 20:1,7,10 39:19

86:21 88:3

months 11:5 12:2 13:2

19:15

morning 14:15 24:10

24:13 25:9,18 29:11

29:14 32:6

motor 22:23 23:1,21

25:20 26:1,7 3 1:9,22

move63:766:467:6

69:23 75:13

moving 50:20

much 21:2 32:7,8 44:16

58:8

mustache 34:23 35:1

myself4l :11

name 4:11,14 12:12

19:23 23:4,5,12,13

24:1 33:10 34:9,11

named 35:17

names 23:11

neck47:l 65:21 67:10

69:22

necks 55:23

need 3:11 5:7,10 6:7

59:16

negative 9:16 39:8

45:19 52:14 53:15

69:6

neither 35:19 89:6

nervous 30:9

never 15:3,5 34:4 35:19

new 38:9

newer 3 8:8,9

next 7:9 35:23 39:22

42:5 57:16 58:2 67:8

68:18 69:10

nickname 23:5

night 24:19,20,21,23

25:5,7

nightclub 19:19,20

nine 24:13

noddings 5:15

nods 5:9 19:2 1 37:22

43:4 44:11 53:11

56:1

noise 16:9,10

Norman 9:23 10:13

11:3

NORTHERN 1:3

88:21

nothing 4:7 11:13

21:12 25:1 26:2,5,22

28:11,13 30:1,19

37:17 50:14 52:6,15

80:21,22 88:10

noticed 6:9 33:4 87:9

Nova 26:14 71:6

November 1:20 88:23

number 11:10 17:23

objections 3:9,10

obviously 5 7:20

occurred 22: 14,17

off 12:13 21:14 33:8

40:14 41:5 42:19

43:23 45:5,22 46:16

47:8,14 51:6,7,11,20

53:19 58:18 62:18

67:9 70:7 72:10

85:18

offered 3:13

office 7:2,3, 12

officer 64:13 68:21

75:23 77:9,10 79:9

officers 55:6 60:11

64:3 72:19

Offices 1:19 2:4

Off-the-record 21:15

okay 6:15 15:11 21:8

32:19 39:21 43:15

51:5 54:1,9 59:7

61:14 63:7 81:1

old 14:3 38:11

older 38:8

once 5 1:20 54:12 65:22

67:7,13,20 68:17

69:9 73:3 78:12

80: 16, 19

one 5:6,10 14:2 17:19

35:19,20 38:8,8,9

45:20 60:8,17 62:1,3

62:7 65:6,11,12,20

66:2, 19 67:13,14

68:1,2 69:2,4,2 1

72:19 73:21,22 77:11

85:4

onto 41:3 42:5,13 48:5

62:22

open 58:20 59:6 60:3

68: 10,12

opened 58:4 75:12

opposite 51:21

ordered 63:13

ordinance 16:9,10

organization 14:22

other 3:10,14,20 21:16

23:7 36:23 3 8:20

40:2 1 48:7 60:9,10

61:2 65:12,20 66:19

67:14 69:3 71:19

72:2,3 73:17 75:17

76:2 1 77:9,10 79:9

80:3,6 82:22 83:20

85:13

out 5:12 12:16 17:4

20:11 22:4,23 23:1

23:21 25:20 26:1,8

31:15 32:14 34:11

38:12 48:9,12 49:6,7

49:9,20 51:3 52:7

54:2,14,15,18,21,22

54:23 55:3,5,8,13,15

55:17,19,20 56:7,8

56:12 57:6 58:3,9,14

58:17,23 59:10 61:2

61:12,15,16,17,19,20

61:21 62:4,4,7,17

63:8 64:16 66:20

67:16,21 68:5,7,8,10

68:11,17 72:4 75:9

75:14,18 79:18 80:17

89:4

outside 65:1

over 31:15 33:22 34:15

36:19 46:23 5 1:9,13

51:15,16,19 52:21

64:4 69:16 70:7,18

70:21 71:8 77:15

own 12:10

P

pages 89:1

painting 8:23 9:13

pants 67:11 70:1 76:9

paper 84:10

Parks 14:17

part 39:14

particular 32:10

parties 3:3,17 4:1 89:4

89:7

party 3:14,20 15:1

passed 44:16 58:8

passenger 34:19 46:19

46:20 64:9 68:21

73:1 75:23 7.9:13

passenge?s 27:13 30:5

34:1,2,7 53:7 62:7

64:12,13 66:2 67:15

68:9 77:11

past 59:2

pay 15:13 17:2,21 18:9

19:6 20:23 21:4

30:12

paying 15:16 18:17

48:20 50:23 67:22

pending 20:17,19

people 39:16,17,18

46:23 47:1 82:11,16

pepper 60:21,23

person 36:14

phone 50:5

Photograph 2:22

pick 29:23

picked 77:15,17,20

picture 59:22 73:11,15

73:21 74:8,21

pictures 73:10,18

Pilgrim 14:15

pistol 33:6

place 18:1 19:13

placed 75:10

Plaintiff 1:6 2:2 88:13

plates 38:13

play 32:20

please 4:11,15 59:15

pocket32:13 82:8

point 33:15 36:23 41:1

42:2,16,21 47:4 52:9

55:12 56:6 57:5

67:23 70:9 71:14

75:9 78:6

Pointe 1:19 2:10

pointed 30:9 55:8,18

57:3 66:21

pointing 30:4,6 33:20

33:20 36:17,21,22

37:23 41:21 50:22

51:1 55:19 57:7,10

66:6,23 67:5 72:20

police 16:3,3 17:17

34:8 47:5,6,16,18,18

49:3,5,12 50:3 61:6

61:11,13 71:13,20

76:16,21 77:3 78:23

79:2 85:4

positive 20: 13,18 35:8

43:16 50:1,13 53:1

56:9 58:7 59:21 60:2

62:2 1 63:4,10 66:8

67:1 68:14 70:20

74:1

preparing 6:15

present 2:12 23:14

pressed 85:10

pretty 27:23 28:2 47:20

prevent 37:13

previously 26:15 28:8

prior 35:11,18,20 43:5

probably 13:2 18:2

24:5 25:22 45:11

47:21 49:10 61:9

72:12,13 73:8 78:18

79:5 87:3,5

problems 39:13

Procedure 3:5

process 68:22

pronounced 4:17

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 30 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 5

provided 3:14,2 1

pu1133:2l 36:18 55:15

55:20 70:7

pulled 33:5,18 54:3

55:13 61:12,15,18,21

71:1 77:14 78:23,23

pulling 33:11 46:23

70:1

pulls 35:23

purpose 3:14

pursuant 1:16 3:4

push 65:14

pushed 53:6 65:6,9

pushing 66:1

put 12:16 16:21 18:21

20:22 21:6 27:22

28:3 47:3 49:4,6,7,9

53:3 56:15,17,19

57:17 59:16 63:12

66:11,12,18,18 68:19

68:20 69:2,5 70:13

70:13,18 76:18,20,22

76:23 77:2,4,7,18

79:10,17 81:8 82:3

82:12

puts 57:15 58:1

putting 79:1,7

P.c 2:9

p.m 1:21 87:16

P.O 2:10

question 3:11 5:8,21,22

6:3,4

questions 3:10 8 1:14

83:18 84:5

Quincy's 8:11,12,17

quite 52:9

R

radio 37:15 46:3,5 70:9

80:8,9

ramming 85:18

ran 42:7,10,13 43:8

reach 62:19 75:15

reading 89:4

really 11:11 21:10

24:11 31:13 35:4

41:10 48:20 50:23

73:20

rear 39:3

reason 6:7 22:13

recall 55: 10

recess 86:7

recognize 47:15 75:6

86:2

recollection 22:10

25:11

record 4:12 21:14

59:17

regardless 3:21

regular 34:5 37:6,7

38:15

related 13:18,20

relatives 14:7

remember 15:22 16:19

17:9 22:16 26:23

28:1 33:11 37:11

38:5 7 1:15 73:20

82:21

remind 5:20

rephrase 5:23

reported 88:6

reporter 1:17 3:7 4:23

88:5 89:13

REPORTER'S 88:1

representing 3:3,17

reserved 3:12

resisting 70:2

response 9:16 20:13,18

35:8 39:8 43:16

45:19 50: 1,13 52:14

53:1,15 56:9 58:7

59:2 1 60:2 62:2 1

63:4,10 66:8 67:1

68:14 69:6 70:20

74:1

rest 53:14 54:12 72:9

result 18:18 53:19

results 89:8

Richard 1:5 2:12 23:17

24:16,18 26:13,16

27:11,18,20 30:14,21

31:1,7 32:2 36:11

37:3,9,13 38:22

40:12 4 1:7,23 42:16

47:5,22 48:9 50:7

51:2 52:18 53:22

55:3 57:6,12,15 58:1

58:22 59:2 61:2 63:7

64:15 65:2,5 66:7

69:20 70:2,11,22

73:5,7 74:8 75:9 76:3

76:5,8 77:1 8 1:20

82:17,19 85:8,13

86:9 88:12

Richard's 26:11,17,21

27:3 28:21,23 29:18

37:20 45:12 52:2

53:12 62:15 67:2

74:18,21 77:979:7

79:11,13 81:22

ride 81:15 84:20

rides 48:14

riding 48:15,18,21

right 5:8,12,17,18 6:1

6:13,14 7:9 8:4,8

11:18 12:13 14:8

16:17 18:18 22:2

23:20 25:13 26:7

28:15,21,23 29:6

30:14 31:17 33:3

35:7,2336:16,17

38:22 40:5 41:3,8,13

42:4,12 43:15,22

44:2, 14 45:18 47:4

48:13,19 49:21,23

50:3,18 52:8 54:3,15

54:19 57:5,9,13,15

58:13,15 59:9,14,15

59:18,20 62:20,22

63:3 65:3,17,18 67:3

69:14 70:16,19 73:21

74:8 77:5 78:12 81:2

82:12 87:7

right-hand 42:4

road 9:23 10:13 11:4

11:23 13:12 33:8,10

33:21 37:1 38:18

39:23 40:1 43:23

45:6,22 46:16 47:9

47:14 48:7 51:6,7,11

5 1:21 53:20 70:7,15

72:10 77:13,15 78:14

80:5 85:18,22

rob 36:7 39:10,10,18

robbed 39:16 47:23

48:3

robbing 47:20

rode 42:6

room 5:3 81:13,18

83:12 84:9 85:6

Rosa 14:17

round 59:3,8,13

rules 3:5 5:5

ruling 3:12

running 47:13

SAITH 87:19

same 3:22 9:14 14:5

33:8 42:19,20 45:11

71:2 86:20 87:2

sat 71:5,11,1972:7,12

saw 30:17 33:13 34:4

35:19 46:6 47:19

49:5,8 69:2 1 85:2 1

saying 7:6 47:12 61:17

64:3

says 5:2 27:20 49:20,22

scared 41:10 48:22

school 10:2,16,18 11:1

search 75:18,20 76:3

searched 75:22 76:5

seat 27:14 28:2,4 29:15

29:18 50:10,17,18

62: 14,18 63:2 70:23

71:3

second 17:6 43:1,3

44:14,17,22,23 45:7

45:9,13,16,23 57:19

seconds 44:19 46:15

58:11 61:9 65:3

see 7:5 29:2,5 30:14

3 1:12,16,19 32:2,5,8

32:10 33:15 35:9

38:12,16 44:1,5

46:11,21,2248:7,9

48:12 49:14 52:22

54:5,10 55:11 58:16

58:18 59:2 60:10

69:12,19 71:10,12

73:17 76:3,7,12

77:17 81:20 85:7

86:23 87:1

seeing 32:19

seen 30:1,23 31:3 36:5

40:21 60:17 72:15

76:9 83:10 85:23

separated 87:6

September 8:3

set 89:4

Seven 8:11,13,17

shakes 5:15

Shirley 85:3

shirt6l:15,19

shirts 55: 14,16,21

61:13

shoot 61:23

Shorter 8:11

shorthand 3:7 25:13

88:4

shot 39:12 52:7 54:15

55:2 57:2 1 58:3,5,10

58:12 59:1 61:4,7,8,8

61:18 62:2,3 75:13

shoulders 41:17

show 26:15 28:8 32:14

49:13,15 51:23 59:11

73:14 74:10,13,20

showed 74:4 76:16,21

showing 59:15

shrugging 41:17

shut 69:23 70:8 82:11

side 27:13 30:5 33:5,12

33:21 34:1,3,7 36:23

39:4,21 51:21 53:6,7

54:3 56:15 57:4 59:4

62:8,19,22 63:3

64:12,13,14 65:6

66:2 67:15,15,18,20

68:2,9,21 69:1 70:19

73:1 75:23 77:11,15

80:5 85:21

Sidney 10:19

sign 40:9,18

signature 4:2

signing 89:4

Silver 9:21

Silver's 10:4

since 10:3 21:9 34:6

35:14 83:10

sir 4:12 16:13 18:21

34:20 64:8

sit 69:11 76:10 79:2

86:14

sitting7:9 19:9 70:18

70:21 73:22 76:15

78:10

six 12:2 14:4

skipping 5 7:20

slim 34:15

slowS4:17

slowed 40:13

slower 42:19

smoking 19:19,20

20: 14 21: 17

Snatched 67:9

snatching 57:18 76:9

social 14:22

sold 3 1:9,10

some 32:16 38:20 56:6

57:22 71:14 73:10

82:8

somebody 36:6 39:10

47:20 83:6

Someone 82:23

something 9:5 13:3

22:4 24:13 25:14

35:4 36:7 40:10 46:4

46:6 47:2 48:9 57:20

72:20 77:16 84:11

87:4

sometime 17:13 18:3

19:16

somewhere 57:22

59:14

soon 72:9 75:12

sorry 5:3 9:2 37:9 49:4

South 2:5

speak 4:7 6:16,18 88:9

specifically 16:5

sped 37:8 38:22,23

speed 42:19,20 45:12

speeded 37:5,7

speeding 16:14 17:8

18: 12, 13, 16

spell 4: 14

Spend 17:19

spent 24:19

spinning 52:4,16,19

spoke 7:14

spray 60:21,23

spun 51:9,18 54:2

stand 69:1

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 31 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 6

standing 56:13 57:9

start 9:9 47:10 64:15

started 9:6 10:5 47:7

57:17 63:18 65:1

67:9 80:17 81:13

Starting 49:23

state 1:18 3:8 4:11 88:2

88:5 89:14

statement 4 8:23 50:2

84:7,19 85:7

STATES 1:1 88:19

station 79:7

Statute 3:15,21

stay 12:17 16:23

stayed 20:11 79:19

staying 11:12 12:21

stepped 58:14 59:10

Steven 23:7,8

Steven's 23:10,12

stick 5:4

stffl2O:16,19 42:7

45:17 50:18,22 56:23

58:6,22 66:19,23

70:9 79:13 81:2

86:20

stipulated 3:2,16,23

stipulation 1:16 14:6

STIPULATIONS 3:1

Stone 11:21 12:1,3,8

stood 38:12

stop 12:4,15 27:840:9

40:12,16 51:2 54:13

stopped 9:3,7,8 15:14

52:6 58:4 7 1:16

stopping 47:2 85:23

stops 8 1:4,6

store 32:15 71:16 78:14

78:15,22 80:14

straight 25:15

street 2:5 11:10 12:12

stuff2l:7 67:10 70:1

82:3 86:8,12

sued 15:3,5

suffer 53:18

suit 83:21 84:16

sure 11:11 22:9,15

23:13 24:11 27:23

28:2,3 33:10 45:5,21

47:17,20 62:3

suspended 18:9,10,15

19:5

swerved 43:21,22 44:9

Swishers 28:17

sworn 4:6 88:9

take 6:8 18:1 19:12

20:16 22:23 23:1

25:20,20 31:15 32:14

54:17 64:23 72:4

73:10 75:17 76:1,7

76:12 79:4,23 80:13

81:7 85:4 86:6

taken 1:15 3:4,6 81:18

85:6 86:7

taking 4:23 23 :20,21

26:1 73:17

talk 7:4,18 41:7 80:9

83:17 84:16

talldngl3:1 15:11,12

26:2 36:3 43:14 46:7

46:9,18 47:7,19

48:17 55:6 57:5

73:18

tall 34: 14

Taser 60:15,19

tell 39:9 41:15 44:20

45:9 47:4 49:12

61:20 74:16 84:12

telling 15:18 27:22

33:21 36:18 38:1

61:2 63:21 66:4 67:6

69:23 70:4 83:13

ten 24:13

terminated 10:7,8

testified 4:8

testimony 7:18

their 37:17,20 55:13,15

55:18,20,20,20,23

57:7 61:12,12,15,15

64:17,19 65:1 72:5,7

themselves 61:6,10

thereof 89:8

thing 5:6 47:7 54:18

58:2

things 5:10 86:20 87:2

think 6:9 9:4,10 12:16

16:9 17:8 18:8 19:14

20:15 21:3 34:23

35:2 36:16 38:7,10

40:3,3 46:5 47:6,18

60:12 70:13,23 71:4

72:7 84:10 87:12

third 47:10,11 48:6

51:5 52:23 53:2,13

though 20:6 23:5 28:13

28:14 31:11 35:7

40:16 48:12 49:13

55:1 70:16 76:13

thought 39:9 52:21

three 8:14 11:5 13:2

17:23 19:15 72:13

73:8

through 5:5,19 16:17

36:21 37:23 54:18

68:9 71:21,22 79:19

throw 48:9

ticket 16:7,8,9,11 17:8

18: 12,13,16,17

tickets 15:10,12,13,16

16:14 17:2,21 21:13

time 3:11,12 9:14 12:4

12:14,20,23 13:14

14:13 15:19 16:12

17:19 18:5,23 24:4

24:11 25:927:6

30:17,23 3 1:3,18

33:3,13 35:12 40:20

42:12 43:1,3,9,11,15

44:8,14,16,16,17,22

44:23 45: 1,3,3,7,13

45:13,16,23 46:17,21

47:12,13 48:5,6,16

48:17 49:3,5 52:23

53:2,13,13,14 57:6

58:4,8,8 63:7 67:23

70:16 71:18 72:14

80:6

times 15:9,10,15 21:10

21:11 61:23

tire 79:18,20

today 5:2,3 6:16 7:15

19:9 22:2 73:19

told 6:19,21 7:16 28:3

31:13,21 41:18 49:3

49:5 56:7,8,15,17

57:21 58:3,9 61:14

64:22 67:16,21 68:5

69:1 70:8 75:14

81:14 82:7,11,11

84:20 85:4

top 47:3

toward 30:5

towards 64:15 78:19

78: 19,20

trade 11:1

traffic 12:4,15 40:9,19

transcript 89:2

transported 82:19

treated 21: 18,21

trial 3:19

tried 63:20

Triple 8:11,12,17

Troy 12:13,13

true 89:2

truth 4:7,7,8 88:9,10

88:10

try 75:11,15

trying 36:7 39:8,10,11

39:18 43:22 52:20

turn 33:8 39:7 40:4

41:7 42:4,21 43:5,11

43:18,20 44:21 45:17

51:16,19 52:21

turned 39:23 40:1,7

41:8 42:12,19 43:13

45:4,6,21 46:2 48:5

51:9,1 5

TV 26:22 86:14

two 13:2 19:15 23:2,3

24:5 38:2 1 55:5

60:10 65:3,11 72:13

two-lane 38:19

U

Uh-huh20:13,18 35:8

43:16 50:1,13 53:1

56:9 58:7 59:2 1 60:2

62:2 1 63:4,10 66:8

67:1 68:14 70:20

74:1

uncle 8:23 9:12

under 74:17

understand 5:22 25:10

44:4

understood 6:4

uniform 83:1,3

union 14:20

UNITED 1:1 88:19

unlike 5:11

unpaid 16:7,8 17:8

until 5:7 8:22 9:1,3

41:8 42:13 45:16

46:22 48:6 55:1

56:15,17 63:18 75:13

79:3,19

urging 41:12

use 25:12 65:14

used 3:13,20 86:14

87:2

using 3 6:22

usually 30:21 49:10

V

vehicle 38:16

very 5:14

view 39:3,2 1

vs 1:7 88:14

W

wait 5:7

waiting 32:18

waived 3:19 4:3 89:5

waiving 3:22

walk 54:17

walked 57:4 67:15,19

want 81:16

wanted 7:4

Warrants 16:7

wasn't 11:13 20:4,5

27:20 30:2 33:9

34: 14,16 35:4 38:11

39:5 45:5,2 1 47:17

48:20 50:20,23 58:17

63:170:471:2,17

72:2 73:9 82:4,7 85:3

watch 26:22 3 1:15 39:2

86:14

watching 22:23 23:1

39:5,21 57:1

way 26:10 30:6 40:4

51:11 59:22 70:2

74:5

weapon 66:5

wearing 27:16,18 83:1

Webb 1:19 2:9

Wednesday 1:20 88:23

week 26:23

weeks 8:14

well 12:22 37:18 39:17

4 1:20 48:15 74:4

80:17

went 7:4 12:17 14:13

20:20 31:14 46:16

51:6,20

were 8:6 9:2 12:3,7,14

12:19 15:19,23 16:20

17:15 18:21,23 22:16

22:21,21 23:3,20,21

25:23 26:1,20 27:3

27:12,16 28:17,19

32:7,10,15,17 35:9

36:9,11 38:18 41:12

42:6,22 43:22 44:2,5

44:6,20 46: 14,23

47:2 53:9 54:2,7

55:11 56:14,21 57:1

57:3,10 58:16 59:2

59:15 61:16 62:15

65:3 67:22 69:18,18

70:21 71:19 75:3

76:15 78:6 80:10

81:10,17,20 82:17

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we're 5:5 16:17 22:1

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69:20 70:2 1 78:10

80:10 84:8

WThite 34:18 83:22

86:17

whole 4:7 54:18 88:10

Wilcox 78:19

Wilford 2:8,17 4:10

Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 32 of 34
Deposition of Kelvin Carmichael November 14, 2007

Page 7

14:5 21:14 86:6 1

87:12 1:55 1:21

window 36:21 37:18,19 10 13:17 80:2,15

37:20,20 48:10,12 11 74:10

49:6,7,9,20 68:11 132:2273:12,14

windows 37:18 13th 89:9

witness 4:1,2,6 5:9 14:6 14 1:21 88:23

19:21 37:22 43:4 150 20:15

44:11 53:11 56:1 1980 8:3

89:3 _______________________

witnessed 85:14,18 2

wondering4l:11 226:16 59:11,12

Woodley 11:23 2:06-cv-701-ID.CSC

word5:1 1:7 88:22

work8:8,10,17,19,21 2083:16

9: 14,20 10:1 2000 15:22,23 16:16

worked8:209:1210:2 17:11

83:4,6 2005 22:8,14

working 8:23 9:2,3 2007 1:21 88:23 89:9

10:5 21 22:4 33:9 40:3 41:4

wouldn't47:21 41:942:5,13,2248:5

wound 52:2 240909 2:10

write 84:11 25th 8:3

27 8:4

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yeah 17:14 20:15 21:12 __________________

28:16 33:14 36:2 3

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75:8 79:12 81:19

year 11:14,16 17:12,12 3468 10:15

18:2 87:5 36104 2:5

years 8:22 36124 2:11

yell42:2 ___________________

yellow 40:11 4

yield 40:13,18 4 2:17 74:20

Youngblood 13:12 45 76:17 8 1:19

y'all 7:14 22:21 24:23 ___________________

25:2,4,9,18 27:3,8 6

41:7 54:2 77:7 80:5 6 49:14 50:3 84:8

80:10 83:17 85:21 ___________________

86:13,20 87:2,6 7

732:22

$ 74751:192:10

$15 74:15 __________________

$40021:3 8

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Case 2:06-cv-00701-ID-CSC Document 30-5 Filed 02/12/2008 Page 33 of 34
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P--Ptli 11:13PM From: 334 24 ?1E IO:DRUG TPSK FORCE Pai

'EP-3a-25 iO25 FREIUADECA LETS DIU. 33-242-71 TO: 3343G'1O1 P. 0@2'3

2' Judicial Circuit Drug Task Force Inter-Agency

Agreement

This aeerncnt is made and executed ot this the jJ . day 2004 between

the following parties:

2nd Judicial District Attorneys Offl&

Greenville Police Dcp&tment

Luvcm.e Police Dcptm;nt

Haynoville Police Department

Lowudes County S1crif!a Department

PURPOSE

The purpose of this document is th describe and define the agreement among the above

listed agencies conccrning tiie c ablishmant and operation of'tbe 2nd Judicial Drug Task

Forced

The agcnies above realize the advantages to be obtained by combating illegal drug

distribution and usage through a uni$ed cooperative effort Drug Task Force. The

concep1 is intended to coordinate a pmgran designed to enhance the cflbrts of all of the

participating agencies to decrease the amount of illegal drug aclivily end possibly

alleviate the presence of associated violent crime.

AGREEMN1

The above listed law cnforicuicnt agencies have united in their battle against illegal drug

distribution and usage and th.e resulting violent crimes that havc hccomc a rcsuit of such

witlin The 2' Judicial Circuit consisting of Butler Crenshaw and Lowudes Counties.

Therefore, they have come together to form the 2 Judicial Drug Task Force, The Drug

Task Force shall work in conjunction with all agencies within this circuit to cnsure a

consistent net work of information is shared between itself and those agencies.

DRUG TASK FORCE MM)3ERS

Drug Task Force Members are those Agenta and support staff that conduct dBy to day

operations of the Drug Task Force. Each participating agency is rcsponsible for twentyfive percent (25%) of their personaets aJ.ary and. fringe benefits. Also each participating

agency will be responsible for twenty-five percent (25%) of the operating expenses,

travel ad equipment if equipment ispwcliascd. Each agency is required to maintain

insurance on their Agents work, vehicle.

DISTRIBUTION OF ASSETS

Assets rccchred hxuugh seizure and forfeiture shall be reported as project income and be

used fcr the advancement of the Drug Task Force. Any assets condemned to the Drug

Task Force shell be di yided as follows:

Case 2:06-cv-00701-ID-CSC Document 30-9 Filed 02/12/2008 Page 1 of 2
/ Chief Bob Davis

%) L? tAaChief . Mk'/)

5EP-30-2 1;2 FROMDCCA LETS DIV. 33L1E4e712 TO:343356IBt P. ø3'B3

1, In condemnatior.s involving assets of four thousand doliar ($4000.00) or less

shall go into a fund for the Dng Tusk Force, There will be two funds established.

A Statc fund for State sea and a. Federal fund for Federal cases. The Stnte

account will be used to purchase evidence, pay informants nxd purchase

equipment with the approval of the Board of Directors.

2, In conden.ivations involving live thousd dollars ($5,000.00) or more the asset

will bc divlded evenly among all participating agencies with th.e exception of th

tThtict. A.ttorneys Office unless oth.orwise decided by the Board of Dircctor

3, In the condemnation of vchiclàa, land, homes and other articic, unless otherwise

requested the item at question will be condemned in the name of the 2' Judicial

Drug Thak Force. At the Drug Tasi Force Commanders cllscrction these Items

shall be used by the 1)rug Task Force, or allowed for temporary usc In a

participating agency. To transfer a vehcIe to a participating agency will reqtro

the approval of the Board of Dlreci:or.

DISSOLUTION OF DRUG TASK FORCE

Should the Drug Task Force be dissolved the Drug Task Force Commander shall provide

10 the Board of Directors a list of all articles to be disposed of and their ya.l.ue, the source

of the article and the Agent involved if It's a seizure. If the Item Is equipment purchased

through. the grant, a list of amounts contributed by each participating agency will be

provided to the Board of Directors a]so The Board of DIrectors will, decide on how each

item shall be divided.

WITFLDRAWL FROM DRUG TASK FORCE

Any agency may withdraw &om participation with the Drug Task Force at anytime,

Should any agency withdraw from the Drug Task Force, the agency shall 'lot be entitled

to any condemned irtds, vehicles, equipment or article of property seized or purchased

by the Drug Task Force Slould an agency become Involuntarily removed 'om

participat,i that agency shall not be eLiticd to any condemned imds, vehicIe,

equipment or itiele of property seized or purchased by the Drug Task Force. However,

the Chief Law forcen.ent Officer of the withdrawing agcncy may specifIcally request

in writin oaid of ircctor for any articles or vehicles 5eized by his Or her

age . t cci a. w be c by the Board of Directors,

_ -

'ct Attorney John uews Chief Lo an ingthj

_ _

Sheriff Willie Va at

SEP-30-2@@5 11:13AM From: 334 42 712 ID:DRUG TASK FORCE Page:003 R94

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