Defendant Baucom’s Pre-Trial Designations Page 1

UNITED STATES DISTRICT COURT FOR THE 

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

EDDIE LEE WILSON, AND CHESTER §

JACKSON, SR., A/N/F CHESTER §

JACKSON, JR. §

 Plaintiffs, §

§

v. § NO. 1:20-cv-00311-RP

§

ROBERT RILEY BAUCOM, §

DEPUTY JOHN K. BENNETT, § JURY DEMANDED 

SHERIFF THOMAS NORSWORTHY, §

CITY OF CALDWELL, AND BURLESON §

COUNTY §

 Defendants. §

DEFENDANT ROBERT RILEY BAUCOM’S PRE-TRIAL FILINGS

TO THE HONORABLE PITMAN, UNITED STATES DISTRICT JUDGE:

Defendant, Robert Riley Baucom, files his pre-trial filings pursuant to Local Rule CV16(f):

I. Defendant’s Proposed Voir Dire

Defendant respectfully requests that the Court ask the following questions to prospective 

jurors during voir dire examination:

1. Are any of you, or your immediate family members, acquainted with the 

following persons? If so, in what manner?

(a) Chester Jackson, Jr., the Plaintiff in this case.

(b) Robert Riley Baucom, the Defendant in this case. 

2. The plaintiff has indicated that the following individuals may testify. Do 

you, or any of your immediate family members, know any of these individuals? If so, in what 

manner?

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[Read plaintiff's witness list]

3. The defendants have indicated that the following individuals may testify. 

Do you, or any of your immediate family members, know any of these individuals? If so, in 

what manner? 

[Read defendants' witness list]

4. Do you know anyone else on the jury panel? If so, how? 

5. Have you, your family members, or close friends ever been a plaintiff, defendant,

or witness in a civil lawsuit? If so, please state: 

(a) Whether you or they were a plaintiff, defendant, or witness; 

(b) The nature of the lawsuit; 

(c) The names of the parties involved in the lawsuit; 

(d) The outcome of the lawsuit; and 

(e) Anything about the experience that might affect your ability to be a

fair and impartial juror in this case. 

6. Have you, any of your immediate family members, or any of your close 

friends ever been questioned or arrested by law enforcement officials? If so, what was the nature

of the encounter or arrest with the law enforcement official? (Approach the bench if appropriate).

Has that experience caused you to view law enforcement officials in a negative light? 

7. Have you, any member of your family, or any close friends ever filed a 

claim, complaint, lawsuit or grievance concerning the actions of a law enforcement officer, a

governmental body (like a city, county, or state), or an employee of a governmental body? If so, 

what was the nature of the complaint, grievance, or lawsuit and what was the outcome?

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8. Have you, any member of your family, or any close friends ever filed a claim, 

complaint, lawsuit or grievance complaining of a violation of their civil rights. Examples of civil 

rights violations include, but are not necessarily limited to, wrongful arrest, use of excessive 

force, violation of the right to free speech.

9. Have you, any member of your family, or any close friends ever filed a claim, 

complaint, lawsuit or grievance complaining of the actions of a law enforcement officer of the 

Austin Police Department? As a result of that experience, do you view Austin police officers in 

a negative light?

10. Have you, any member of your family, or any close friends ever filed a claim, 

complaint, lawsuit or grievance complaining of the City of Caldwell or any of its employees?

11. Have you, your family members, or any of your close friend had any interactions 

with any law enforcement officers that might affect your ability to be a fair and impartial juror in 

this case?

12. Do you, or any of your family members or close friends, believe that use of force 

by police officers or law enforcement officials is a problem in our society? If so, can you 

describe why? If you have that belief, can you disregard it and act fairly and impartially if you 

are selected as a juror in this case involving claims that police officers used excessive force?

13. Do you, or any of your family members or close friends, believe that police 

officers or law enforcement officials should be held more accountable for their actions when they 

use force on suspects? If so, can you explain? If you have that belief, can you disregard it and act 

fairly and impartially if you are selected as a juror in this case involving claims that police 

officers used excessive force?

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14. Does anyone have any factual knowledge of this case or any cases involving 

similar claims?

15. Does anyone have any specialized legal knowledge involving constitutional 

claims or civil rights claims in general?

16. Has anyone formed an opinion, based merely on what you have heard so far, that 

the plaintiff is entitled to compensation in this case?

17. Does anyone here believe that police officers or law enforcement officials have 

too much power or discretion in performing their duties? If so, can you explain why? If you have 

that belief, can you disregard it and act fairly and impartially if you are selected as a juror in this 

case involving claims that police officers used excessive force?

18. The Court will instruct you concerning the nature of constitutional rights. Would 

you be able and willing to follow the Court’s instructions concerning the law, even if the 

instructions differ from your own personal views?

19. In this lawsuit the plaintiff will claim that his civil rights were violated. Do you, 

your family members, or any of your close friends belong to an organization whose primary 

purpose is the protection of civil rights?

20. Do you, your family members, or any of your close friends have training in police 

procedures or policies? If so, please describe the nature of the training.

21. Do you, your family members, or any of your close friends have any specialized 

knowledge, training or experience in the law? If so, in what field?

22. Have you, your family members, or any of your close friends ever been charged 

with a crime for which you were subsequently exonerated? If so, please approach the bench and 

describe.

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23. Have you, your family members, or any of your close friends ever relied upon the 

response of law enforcement in a situation in which your physical safety was in danger? If so, 

please describe. If the matter is of a personal or sensitive nature, please approach the bench.

24. Is there anything we have not talked about that you believe might affect your 

ability to be a fair and impartial juror?

II. Defendant’s Statement of Claims and Defenses

Defendant Robert Riley Baucom respectfully requests that the court provide the 

following statement of claims and defenses to prospective jurors during the voir dire 

examination:

The Plaintiff, Chester Jackson, Jr., claims that the Defendant, Robert Riley Baucom, who 

was a uniformed police officer, violated his civil rights by using excessive force. The Defendant

denies using excessive force. The Defendant contends that the Plaintiff was the cause of his fall 

while in Defendant’s custody. Defendant further contends that the Plaintiff’s injuries occurred

subsequent to the fall and was not related to the fall, but rather was the result of actions and 

events that occurred while Plaintiff was a patient at Cross Creek Hospital. The Defendant denies 

that he was plainly incompetent, or knowingly violated Plaintiff’s constitutional rights when he 

used force. 

III. Joint Stipulation of Facts

At this point, the parties have not reached agreement on any joint stipulation of facts. The 

parties will file any stipulations they reach in advance of trial. 

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IV. DEFENDANT ROBERT RILEY BAUCOM’S EXHIBIT LIST

EXHIBIT 

NO.

DESCRIPTION OFFER

(Y/N)

OBJECT

(Y/N)

ADMIT

(Y/N)

D–1 St. David’s Medical Center – Medical

D–2 Cross Creek Hospital – Medical

D–3 Baylor Scott & White Medical CenterBrenham – Medical

D–4 MHMR Authority of Brazos Valley –

Medical 

D–5 Austin Travis County EMS – Medical

D–6 Austin Healthcare & Rehabilitation –

Medical 

D–7 Burleson County Jail Video

D–8 Burleson County Body Camera Videos

V. DEFENDANT ROBERT RILEY BAUCOM’S WITNESS LIST

The witnesses listed below have previously been identified to Plaintiff: 

A. Expected Witnesses

1. Robert Riley Baucom

2. Dr. John Bertelson, MD, FAAN

B. Witnesses to be Called if Necessary

3. Dr. Mark D. Fierro, MD

4. Dr. Cameron Ludt, DO

5. Burleson County Sheriff’s Office (“BCSO”) Deputy John K. Bennett

6. BCSO Deputy Matthew Higgins

7. BCSO Deputy William Elkins

8. BCSO Deputy Kaitlyn Bradshaw

9. BCSO James Elswood

10. Other non-retained medical experts identified by Defendant (Dkt. # 50)

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VI. Proposed Jury Instructions and Verdict Forms

Defendant’s proposed jury instructions and verdict forms are attached as Exhibit A. 

VII. Motion in Limine

Defendant’s Motion in Limine is attached as Exhibit B.

VIII. Anticipated Length of Trial

Four (4) days.

Respectfully submitted,

WRIGHT & GREENHILL, P.C.

900 Congress Avenue, Suite 500

Austin, Texas 78701

512-476-4600

512-476-5382 – Fax

By: /s/ Blair J. Leake

Blair J. Leake

State Bar No. 24081630

bleake@w-g.com

Stephen B. Barron

State Bar No. 24109619

sbarron@w-g.com

ATTORNEYS FOR DEFENDANT

ROBERT RILEY BAUCOM

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CERTIFICATE OF SERVICE

I hereby certify that on the 3rd day of September, 2021, a true and correct copy of the 

foregoing document was caused to be served upon all counsel of record via E-File/E-Service/EMail and/or Regular U.S. Mail, in accordance with the Texas Rules of Civil Procedure, as 

follows: 

U.A. Lewis

Okwudili Onyekwelu 

THE LEWIS LAW GROUP, PLLC

P.O. Box 27353

Houston, TX 77007

Myattorneyatlaw@gmail.com

oonyekwelu@thelewislaw.com

Joanna Lippman Salinas

David Isaac Solomon

FLETCHER, FARLEY, SHIPMAN, & SALINAS, LLP

2530 Walsh Tarlton, Suite 150

Austin, Texas 78746

Joanna.salinas@fletcherfarley.com

david.solomon@fletcherfarley.com

Ramon G. Viada, III

VIADA & STRAYER

17 Swallow Tail Court

The Woodlands, TX 77381

rayviada@viadastrayer.com

/s/ Blair J. Leake

Blair J. Leake

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