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JOHN L. BURRIS, Esq., SBN 69888

ADANTE D. POINTER, Esq. SBN 236229

MELISSA C. NOLD, ESQ. SBN 301378

PATRICK M. BUELNA, Esq. SBN 317043

LAW OFFICES OF JOHN L. BURRIS

Airport Corporate Centre

7677 Oakport Street, Suite 1120

Oakland, California 94621

Telephone: (510) 839-5200

Facsimile: (510) 839-3882

John.Burris@johnburrislaw.com

Adante.Pointer@johnburrislaw.com

Melissa.Nold@johnburrislaw.com

Patrick.Buelna@johnburrislaw.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROY NELSON III, successor-in-Interest to 

Decedent ROY NELSON; ORNELL 

STEVENS, individually,

Plaintiffs,

v.

CITY OF HAYWARD, a municipal 

corporation; and DOES 1-50, inclusive, 

individually and in their official capacity as 

police officers for the City of Hayward

Defendants.

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Case No.: 3:16-cv-7222-SK

PLAINTIFF’S ATTORNEY PATRICK 

BUELNA’S DECLARATION IN 

SUPPORT OF PLAINTIFFS’ MOTION 

FOR PARTIAL SUMMARY 

ADJUDICATION

Date: December 31, 2018

I, PATRICK M. BUELNA, declare:

1. I am the attorney of record for Plaintiff in this action. I am licensed to practice in the state 

of California and the Northern District of California. I have personal knowledge of the 

facts contained in this declaration, and if called upon to testify I could and would testify 

competently as to the truth of the facts contained herein.

Case 3:16-cv-07222-SK Document 78-18 Filed 12/31/18 Page 1 of 3
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2. I have attached a true and correct copy of portions of Defendant Hall’s deposition as 

Exhibit 1. 

3. I have attached a true and correct copy of portions of Defendant McKee’s deposition as 

Exhibit 2. 

4. I have attached a true and correct copy of portions of Defendant McCrea’s deposition as 

Exhibit 3. .

5. I have attached a true and correct copy of Defendant McCrea’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150(2)” and attached as Exhibit 4. 

6. I have attached a true and correct copy of Defendant Hall’s Body Worn Camera disclosed 

to Plaintiffs as 00545 “In_Custody_Death(5)” and attached as Exhibit 5.

7. I have attached a true and correct copy of Defendant Shannon’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150_death” and attached as Exhibit 6.

8. I have attached a true and correct copy of the WRAP Device Manual disclosed to 

Defendants as PLTF_000004-000017 attached as Exhibit 7. 

9. I have attached a true and correct copy of portions of Ofc. Wilson’s deposition designated 

as the person most knowledgeable in regards to the Hayward Police Department’s WRAP 

Device Training as Exhibit 8.

10. I have attached a true and correct copy of Defendant Shannon’s Body Worn Camera fram 

photo captured at 8:56 disclosed to Plaintiffs as 00545 “5150_death” and attached as 

Exhibit 9.

11. I have attached a true and correct copy of the dispatch audio disclosed to Plaintiffs as 

00546 “15-99780 Com 1” and attached as Exhibit 10. 

Case 3:16-cv-07222-SK Document 78-18 Filed 12/31/18 Page 2 of 3
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12. I have attached a true and correct copy of portions of the Computer Automated Dispatch 

disclosed to Plaintiffs as 000181-182 and attached as Exhibit 11.

13. I have attached of true and correct copy of Defendant McCrea’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150(2)” at 10:58 and attached as Exhibit 12.

14. I have attached of true and correct copy of Defendant McCrea’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150(2)” at 13:26 and attached as Exhibit 13.

15. I have attached of true and correct copy of Defendant McCrea’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150(2)” at 13:53 and attached as Exhibit 14.

16. I have attached of true and correct copy of Defendant Padavana’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150_WI(1)” at 6:56 and attached as Exhibit 15.

17. I have attached a true and correct copy of portions of Decedent Roy Nelson II’s Medical 

Records produced to the parties from St. Rose’s Medical Center and attached as Exhibit 

16.

18. I attached of true and correct copy of Defendant Padavana’s Body Worn Camera 

disclosed to Plaintiffs as 00545 “5150_WI(1)” and attached as as Exhibit 17.

I declare under the penalty of perjury under the laws of the State of California that the foregoing 

is true and correct.

Dated: December 31, 2018 THE LAW OFFICES OF JOHN L. BURRIS

______/s/_Patrick M. Buelna___ Patrick M. Buelna

Attorney for Plaintiff

Case 3:16-cv-07222-SK Document 78-18 Filed 12/31/18 Page 3 of 3