EXHIBIT 8

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 1 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

1

 IN THE UNITED STATES DISTRICT COURT

 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

 --oOo--

ROY NELSON III, Successorin-Interest to Decedent ROY 

NELSON; ORENELL STEVENS,

individually,

 Plaintiffs,

 CASE NO.:

 vs. 3:16-cv-7222

CITY OF HAYWARD, a municipal

corporation; MICHELLE HALL, in her 

individual and official capacity 

as Police Officer for the CITY OF 

HAYWARD; NATHANAEL SHANNON, in his 

individual and official capacity 

as Police Officer for the CITY OF 

HAYWARD; MATTHEW MCCREA, in his 

individual and official capacity 

as Police Sergeant for the CITY OF 

HAYWARD; JOHN PADAVANA, in his 

individual and official capacity 

as Police Officer for the CITY OF 

HAYWARD and DOES 1-50, inclusive,

individually and in their official 

capacity as police officers for 

the City of Hayward, CERTIFIED COPY

 Defendants. 

_________________________________/

 DEPOSITION OF OFFICER BRANDON WILSON

 PMK FOR THE WRAP

 FRIDAY, APRIL 6, 2018

REPORTED BY: KELLY L. MCKISSACK, CSR #13430

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 2 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

2

1 I N D E X

2 

3 EXAMINATION BY: PAGE 

4 MR. BUELNA 6

5 MR. ROLLAN 47 

6

 --o0o--

7

8 Appearance Page 3

9 Exhibit Page 4

10 Location 5

11 Reporter's Certificate 49

12 Deponent Signature Page 50

13 Deponent Signature Waiver 51

14 Witness Letter 52

15 Changes and/or Corrections 53

16 Attorney's Notes 54

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 --o0o--

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Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 3 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 A P P E A R A N C E S

2

3 For the Plaintiff:

4 LAW OFFICES OF JOHN L. BURRIS

 Airport Corporate Centre

5 7677 Oakport Street, Suite 1120

 Oakland, California 94621

6 510-839-5200

7 BY: PATRICK BUELNA, ATTORNEY AT LAW

 MELISSA NOLD, ATTORNEY AT LAW

8 

9 For the Defendants:

10 CITY OF HAYWARD

 City Attorney's Office

11 777 B Street

 Hayward, California 94541

12 510-583-4460

13 BY: RAYMOND R. ROLLAN, DEPUTY CITY ATTORNEY 

14

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 --o0o--

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Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 4 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 EXHIBITS

2

3 EXHIBIT DESCRIPTION PAGE

4

5 1 Notice of Amended Depositions of 10

 Persons Most Knowledgeable by

6 Plaintiffs and Request for Production

 of Documents; 4 pages

7

2 Hayward Police Department Policy 14

8 Manual for Policy 301, Handcuffing and

 Restraints; 4 pages

9

3 Demo - "The WRAP" by Safe Restraints, 19

10 Inc., Training Videos; 3 pages

11 4 The WRAP by Safe Restraints, Inc., 24

 Basic Application Manual. Bates

12 Stamped PLTF_000004 through

 PLTF_000044; 41 pages

13

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Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 5 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 Pursuant to Notice of Taking Deposition, and

2 on Friday, April 6, 2018, commencing at the hour of

3 10:13 a.m., thereof, at 7677 Oakport Street, Suite 1120,

4 Oakland, California 94621, before me, KELLY MCKISSACK,

5 CSR No. 13430, a Certified Shorthand Reporter and

6 Deposition Officer of the State of California, there

7 personally appeared:

8

9 OFFICER BRADON WILSON,

10

11 called as a witness by the Plaintiffs, who having been

12 duly sworn by me, to tell the truth, the whole truth and

13 nothing but the truth, testified as hereinafter set

14 forth:

15

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Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 6 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 OFFICER BRADON WILSON,

2 having been first duly sworn, testified as follows:

3 THE WITNESS: (TO OATH) Yes.

4 EXAMINATION

5 BY MR. BUELNA: Q. Good morning.

6 A. Good morning.

7 Q. If you could just please state your name for

8 the record.

9 A. It's Bradon, B-R-A-D-O-N, Wilson, W-I-L-S-O-N.

10 Q. All right. And is it your understanding that

11 you're here as a person most knowledgeable for City of

12 Hayward Police Department in regards to the WRAP

13 Restraint?

14 A. Yes, it is.

15 Q. And this is for the lawsuit of Nelson versus

16 City of Hayward?

17 A. To my understanding, yes.

18 Q. Okay. Have you ever been deposed before?

19 A. No.

20 Q. No. It's your first time?

21 A. Yes.

22 Q. Okay. So I'm going to tell you it's not super

23 fun, but I'm going to tell you a couple of rules that we

24 have here. And I'll remind you if -- if we need to.

25 But they're pretty simple.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 7 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 So we have a court reporter here that's

2 essentially making a written transcript of everything we

3 say. And what that means is we can't have any uh-huhs

4 or huh-uhs because she can't interpret that very well.

5 Do you understand?

6 A. Yes.

7 Q. We also can't have shaking of the head or

8 nodding of the head because she can't really interpret

9 that either. You understand?

10 A. Yes.

11 Q. Now, your counsel may object to some of my

12 questions. But unless he directs you not to answer, I'm

13 still entitled to an answer. Do you understand?

14 A. Yes.

15 Q. Now, I'm entitled to your best recollection,

16 but I don't want you to speculate. And what I mean by

17 speculate is I don't want you to guess. For example, if

18 I asked you to estimate how large my kitchen table was,

19 you wouldn't be able to give an answer, right?

20 A. Correct.

21 Q. But if I asked you to estimate maybe how large

22 this table is, you might be able to give me a rough

23 answer, right?

24 A. Correct.

25 Q. Is there any sort of medication that you've

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 8 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 taken this morning or any other sort of intoxicant that

2 would make your testimony unreliable today?

3 A. No.

4 Q. Now, one thing is important is I'm going to

5 ask you questions. And then I ask that you give some

6 time for your counsel to object or for you to respond.

7 Because if we're both talking, then she can't feasibly

8 write down both of our answers.

9 A. I understand.

10 Q. You understand?

11 Now, this isn't an endurance test. So we can

12 take a break at any time. I just ask, if I have a

13 question pending, that you answer the question and then

14 we take a break. You understand?

15 A. Yes.

16 Q. Okay. All right. And if at any point during

17 the deposition you remember something, your memory's

18 refreshed, it's okay to correct an answer. I prefer you

19 correct it now than later.

20 That being said, you will get an opportunity

21 to review your transcript. And you may make small

22 changes or large changes. But if you make any

23 substantial changes, I have the right to question you

24 later at trial on those changes. Do you understand?

25 A. Yes.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 9 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 Q. Now, as to clarify, a big change that I would

2 care about is, like, for example, if I said, what color

3 was the light? And you said green. And then later you

4 changed it on your transcript to red. That would be a

5 substantial change. You understand?

6 A. Yes.

7 Q. Okay. I'd be entitled to answer -- or ask

8 questions in regards to that. But small things aren't

9 as worrisome. Okay.

10 Now, you mentioned this is your first depo,

11 but how long have you been working for the Hayward

12 Police Department?

13 A. Since 2007.

14 Q. Since 2007. Okay. And were -- what was your

15 job prior to working for the Hayward Police Department?

16 A. I was a student service officer at Cal State

17 University. It was Hayward at the time, now East Bay.

18 Q. Okay. And how long were you a student service

19 officer?

20 A. I think three years.

21 Q. Three years. Okay. So is there anything that

22 you did before that?

23 A. In terms of police or just work?

24 Q. In terms of work.

25 A. I worked at Longs Drugs as a clerk, store

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 10 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 clerk.

2 Q. Okay. So is it fair to say since around 2003

3 you've been involved in some sort of law enforcement?

4 A. Yes.

5 Q. Okay. Now, how did you learn of this

6 deposition?

7 A. I received an e-mail from my counsel.

8 Q. Okay. And I'm going to mark this as

9 Exhibit 1. This is the notice.

10 (Whereupon, Exhibit 1 was marked for

11 identification.)

12 BY MR. BUELNA: Q. Take a second to look through it.

13 Have you seen this piece of paper before?

14 A. Yes, sir.

15 Q. Do you know what it is?

16 A. I have an understanding of it, yes.

17 Q. And what's your understanding of it?

18 A. This is the summons for me to come here to be

19 the person most knowledgeable for a deposition. It asks

20 for the documents that my counsel was to supply. And

21 then it goes over what I would be speaking on.

22 Q. Okay. And on Page 2, you see there's a little

23 2 on the bottom?

24 A. Yes.

25 Q. In number one right there it says, "Person

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 11 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 most knowledgeable regarding the Defendants' training

2 related specifically to the use of the WRAP device."

3 Now, it goes on, but is that what you are?

4 Are you the person most knowledgeable at the City of

5 Hayward Police Department in regards to the Defendants'

6 training related specifically to the use of the WRAP

7 device?

8 A. To my understanding, the person most

9 knowledgeable, yes.

10 Q. What's your understanding of the person most

11 knowledgeable?

12 A. It's not per se the person that has the most

13 information, but more than the typical officer or

14 employee.

15 Q. Okay. And do you have this -- are you the

16 person most knowledgeable in regards to the defendant

17 officers' training?

18 A. Yes.

19 Q. Okay. And those defendant officers you are

20 aware of?

21 A. I know some of them. I don't know if there's

22 more than what I know.

23 Q. Okay. Which ones do you know?

24 A. I believe at the time it was Sergeant McCrea,

25 but now Officer McCrea, Officer Michelle Hall,

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 12 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 Officer John Padavana, Officer Nate Shannon. That's all

2 that is, to my knowledge. I don't know if anybody else

3 has been listed.

4 Q. Okay. I'm going to represent to you we added

5 one more which was Officer McKee.

6 A. Ron McKee?

7 Q. Yes.

8 A. Okay.

9 Q. William McKee.

10 A. I'm sorry.

11 Q. But no problem. You don't have to remember

12 all of your colleagues names in a large office.

13 A. He goes by Ron.

14 Q. By Ron. Okay. Fair enough. All right.

15 Now, to what extent do you have any sort of

16 expertise or knowledge in the WRAP restraint?

17 A. I am a ACT, which stands for Arrest Control

18 Tactics, instructor for the Hayward Police Department.

19 I've been so since 2010. The ACT instructors are the

20 ones that are tasked with teaching officers with what we

21 would normally consider martial arts, handcuffing,

22 defensive strikes, offensive strikes, and that includes

23 the WRAP.

24 I am also currently one of two coordinators

25 for the Arrest and Control Tactics Team, which is a set

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 13 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 of instructors.

2 Q. Okay. And did you go through any particular

3 training in order to become an ACT instructor?

4 A. Yes.

5 Q. What training is that?

6 A. I had to do a two-week course in impact

7 weapons instruction, a two-week course in weaponless

8 defense instruction, a one-week course in advanced

9 ground control, and then a two-day course for CED,

10 Conducted Electric Device, also known commonly as Taser.

11 Those are the basic intro classes that one has to take

12 to become an instructor for the Hayward Police

13 Department.

14 Q. Did you take any classes that are specific to

15 the WRAP restraint device?

16 A. No.

17 Q. Did you take any special training prior to

18 becoming an instructor in regards to the WRAP restraint?

19 A. No.

20 Q. How is it that you learned or were trained on

21 the WRAP restraint at all?

22 A. It is an in-house procedure.

23 Q. What does that mean?

24 A. That means that the WRAP is taught through an

25 in-house. The senior instructors will go over with the

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 14 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

14

1 newer instructors the procedure for instructing on the

2 WRAP.

3 Q. And who was your senior instructor?

4 A. At the time I got promoted or assigned as an

5 ACT instructor was Lieutenant Eric Krimm.

6 Q. Could you spell his name.

7 A. It's E-R-I-C for the first name, and then last

8 name is K-R-I-M-M.

9 Q. Okay. And when you were trained on the WRAP,

10 were you given any manuals or any sort of documents in

11 order to assist you?

12 A. No. Just the Policy 301, but nothing specific

13 to the WRAP.

14 Q. I'd like to mark as Exhibit 2 the 301 Policy.

15 (Whereupon, Exhibit 2 was marked for

16 identification.)

17 MR. BUELNA: You have that, Defense Counsel.

18 THE WITNESS: Thank you.

19 BY MR. BUELNA: Q. Do you recognize that policy?

20 A. Yes, sir.

21 Q. What is that?

22 A. This is Policy 301, Handcuffing and Restraints

23 from the Hayward Police Department.

24 Q. Is this the policy that you're referring to

25 was given to you by your senior instructor?

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 15 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 A. Yes, sir.

2 Q. Okay. So is this the -- this is the only

3 policy that Hayward Police Department has in regards to

4 the use of the WRAP restraint device; is that correct?

5 A. No.

6 Q. You have another policy?

7 A. Yes.

8 Q. What policy is that?

9 A. Policy 300, which is our Use of Force Policy.

10 Q. Okay. Now, if you could turn to, it looks

11 like -- if you see there's like little 83, 84. If you

12 go to 85, or at the bottom there's a Bates 508. You see

13 there there's a highlighted portion?

14 A. Yes, sir.

15 Q. If you read that, it says that your WRAP

16 restraint is made by Safe Restraints; is that correct?

17 A. Yes.

18 Q. All right. And so do you know when you

19 first -- your department first acquired the WRAP

20 restraint?

21 A. I have a general speculation.

22 Q. I don't want you to speculate, but if you have

23 an estimate.

24 A. Estimate. I'm sorry. Mid '90s, late '90s.

25 Q. And, to your knowledge, do you know if it was

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 16 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 from Safe Restraints?

2 A. Yes.

3 Q. Okay. And have you received new safe -- or

4 WRAP devices since then, such as --

5 A. As in to replace them or have we been using

6 the same specific restraints since the '90s?

7 Q. Yeah. Have you been using -- I should

8 clarify.

9 How many WRAP restraint devices do you have at

10 the Hayward Police Department?

11 A. I would think four to five.

12 Q. And, to your knowledge, were all of those

13 acquired in the late '90s, or have they been acquired

14 later on since?

15 A. I have no idea.

16 Q. Okay. Now, when you were trained on the WRAP,

17 were there any specific precautions that were -- that

18 were told to you about when using the WRAP?

19 A. There was the general safety guidelines of

20 monitoring the subject for medical emergencies when a

21 subject's put into the WRAP. Not to leave, if I recall,

22 not to leave the subject in the facedown position for

23 extended periods of time.

24 Q. And why were you explained or -- and/or

25 trained on why you were not to leave a subject facedown

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 17 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 for extended period of time?

2 A. It could cause difficulty breathing.

3 Q. And were you trained what to do if a subject

4 expressed difficulty breathing while being in the

5 facedown position?

6 A. Yes. Officers are trained. That's not

7 specific to just the ACT Program. Officers are trained

8 to respond to medical needs.

9 Q. And in the specific instance if someone who is

10 facedown and handcuffed expressing difficulty breathing,

11 what should the officer do?

12 A. That would be scenario based. So depending on

13 what is occurring, the officer should address the

14 medical need when safe to do so.

15 Q. And would one of the ways to address it be to

16 roll the subject into a recovery position?

17 A. That could be one, yes.

18 Q. And what is a recovery position?

19 A. There's two that we generally teach.

20 Q. Okay.

21 A. For that instance, I would say rolling them

22 over to their side.

23 Q. Okay. And what does rolling the person over

24 onto their side do?

25 A. It relieves pressure from the chest. It also

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 18 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 would allow, in case the subject is choking or has

2 vomited and that is the reason that they're having

3 difficulty breathing, be able to expel that from their

4 mouth. It also allows the officers the ability to

5 better assess the subject.

6 Q. And I'm sorry if you already said it. So is

7 one of the reasons why you rolled on your side to

8 relieve any pressure or compression upon the subject's

9 back?

10 A. Yes, that's the first thing I said.

11 Q. And are Hayward Police Department officers

12 trained on the recovery position?

13 A. Yes.

14 Q. And are they trained, as you mentioned, to

15 monitor the breath of the subject while they're

16 facedown?

17 A. I wouldn't say specifically facedown. I would

18 say in general monitoring the officer -- or the subject.

19 So we don't tell them if they're facedown monitor their

20 breathing. It's the expectation that they're monitoring

21 the subject that's in their control.

22 Q. Throughout the entire application?

23 A. Yes. Because if I said just facedown, then if

24 they're on their back, that doesn't relieve the officer

25 from monitoring their breathing of the subject or the

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 19 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

19

1 medical condition.

2 Q. That makes sense.

3 So, now, when you train officers, do you

4 provide them any other documents besides policies?

5 A. No.

6 Q. Have you -- I would like to mark this as

7 Exhibit 2. Or sorry, 3.

8 (Whereupon, Exhibit 3 was marked for

9 identification.)

10 BY MR. BUELNA: Q. There you are.

11 A. Thank you.

12 Q. I know the front page isn't very exciting.

13 But if you turn to the second page, do you recognize

14 these photos?

15 A. Yes.

16 Q. What are those? What's that photo on the

17 second page?

18 A. The photo on the second page is a

19 demonstration using both words and photographs of the

20 step-by-step process of the application of the WRAP

21 restraint on the subject.

22 Q. And is this similar to what the officers are

23 trained on? I know it's brief and generalized, but is

24 this --

25 A. This is exactly how we teach them.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 20 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

20

1 Q. This is exactly how you teach them.

2 And is this something that you learn from the

3 WRAP restraints company, or you said it was just senior

4 officers that -- or senior instructors that trained you

5 this way?

6 A. For me it was senior instructors. But this is

7 consistent with what we teach.

8 Q. Okay. All right. And I just want to read on

9 that first one. "Step one, control and handcuff the

10 subject. Use techniques that do not restrict the

11 subject's breathing." Do you see that?

12 A. Yes, sir. I do.

13 Q. Is that something that is trained to Hayward

14 Police Department officers?

15 A. We won't say specifically do not use

16 techniques to restrict the subject's breathing. We

17 admonish them be wary of the subject's ability to

18 breathe. But, yes, that's generally what we teach.

19 Q. And it's my understanding that the WRAP device

20 is carried only by a sergeant; is that correct?

21 A. Supervisors, and, if I'm not mistaken, the

22 special duty unit may have one of them, yes.

23 Q. What's the -- what's the reasoning behind

24 that?

25 A. We don't have many. If the WRAP restraint is

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 21 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

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1 going to be used, the supervisor should be on scene as

2 it will be a use of force. So generally those two. Is

3 we don't have a enough to go around, and a supervisor's

4 going to have to respond from the onset anyway.

5 Q. Okay. And when more -- I realize there's

6 situations where there's a lot of officers. And there

7 may be situations where there's a few officers. Is

8 there a recommended amount of officers that should be

9 present when applying the WRAP?

10 A. We generally tell them that there should be at

11 least four of you. One to control the legs, two to

12 control the upper body, and one to begin the application

13 process. But you could do it with less, and then you

14 could do it with more. But if too many get involved, it

15 will become a difficult process I would say.

16 Q. And is it the supervisor or the sergeant's

17 responsibility to sort of delegate the rules, or is that

18 something that the officers just know?

19 A. Something the officers know. I wouldn't say

20 the supervisor needs to delegate.

21 Q. Now, you said there has to be -- strike that.

22 You said -- you recommend that there's two

23 controlling the upper body, correct?

24 A. Yes.

25 Q. Now, would putting your knee on the subject's

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 22 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

22

1 back while they're facedown, is that consistent with the

2 techniques that they're trained on?

3 A. We teach --

4 MR. ROLLAN: Objection. Vague. You can

5 answer.

6 THE WITNESS: We teach the officers that a

7 place that you can control the upper body is by placing

8 a knee in the upper back area, specifically the

9 shoulder.

10 BY MR. BUELNA: Q. What about the mid back?

11 A. We teach them that that is an area to avoid if

12 they can. But it's not something that we say you can't

13 do.

14 Q. Now, the officer that -- strike that.

15 Now, is it understood by the officers that the

16 people that are towards the upper body should be ones

17 specifically monitoring the breath of the subject?

18 A. I would say that that would make sense as

19 they're the closest to the person's upper body to be

20 able to monitor that. But we don't specifically say,

21 you're controlling the upper body. You're the only

22 person that can be monitoring the breath.

23 So, again, that's going to be something that

24 we tell officers that you -- in situations you need to

25 be aware of your surroundings and aware of the condition

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 23 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

23

1 of the subject you're in contact with.

2 Q. Okay. That makes sense. And when you say --

3 strike that.

4 We've said monitoring the breath a couple of

5 times. But what sort of techniques are officers using

6 in order to be consistent with that training?

7 A. Visual and auditory. So watching the subject

8 if they're actually breathing. They can maybe listen to

9 hear if the subject may be choking. That would be an

10 indication. If they notice that they're no longer

11 breathing. So there would be numerous ways for a person

12 to be able to monitor somebody for breathing.

13 Q. Now, specifically when the subject is

14 facedown, is it best practice and are officers trained

15 that they should try to keep a visual on the subject's

16 face -- strike that.

17 When a subject is facedown and an officer is

18 trying to monitor their breath, is it best practice to

19 be able to see the subject's face?

20 A. I wouldn't say we teach anything best

21 practice. So we would indicate to the officers that you

22 have to be aware of the subject's condition. I wouldn't

23 tell them that they need to see their face to be able to

24 do that. Officers need to be making decisions on the

25 scenario and the circumstances that present themselves.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 24 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

24

1 So we'll teach -- we'll give them tools, so to

2 speak, that they can then apply to the scenarios that

3 present themselves. Because it may be that they won't

4 be able to see the subject's face. If it's dark, they

5 can't see. Or maybe the officer has an injury to his

6 eye. So, again, we teach monitored best that you can.

7 We don't say best practices to turn their head and look

8 at their face to see if they're breathing.

9 Q. But they are trained to use visual and

10 auditory cues in order to monitor their breathing?

11 A. Yes.

12 Q. Okay. And one of those auditory cues is if a

13 subject expresses that he's having trouble breathing,

14 correct?

15 A. Yes. That can be one of them.

16 Q. And another visual cue and/or auditory cue

17 would be if a subject becomes motionless for an extended

18 period of time, correct?

19 A. That would be a visual cue, yes.

20 Q. I'm going to mark this as Exhibit 4.

21 (Whereupon, Exhibit 4 was marked for

22 identification.)

23 BY MR. BUELNA: Q. I realize this is a large packet.

24 But you'll see at the bottom there's Bates stamps. It

25 says PLTF, underscore, a lot of zeros and then a number.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 25 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

25

1 So I'm going to use that to reference what page number

2 I'm looking at.

3 What -- do you recognize the front page of

4 this?

5 A. I recognize the logo. I wouldn't say I

6 recognize the specific page.

7 Q. You haven't been given this?

8 A. No. I haven't been given this large -- well,

9 this is repeated several times, is it not?

10 Q. It's actually multiple manuals or packets that

11 were handed out with the WRAP device.

12 A. Okay.

13 Q. But not to you?

14 A. No. I recognize it, but not specifically

15 this.

16 Q. And you've never received or had in your

17 possession or reviewed a manual from Safe Restraints on

18 the WRAP?

19 A. I do have a manual from WRAP Restraints. Yes,

20 I do.

21 Q. You do?

22 A. Yes.

23 Q. And is that manual used to train officers?

24 A. No.

25 Q. No. What's that manual for?

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 26 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

26

1 A. The manual is provided by WRAP Restraints.

2 It's just the product information. We took -- or

3 corrected. I'm not going to say we because I didn't

4 write the original outline for it.

5 But my understanding is that our outline was

6 taken from the material here. And as I've reviewed it,

7 it's consistent with what we teach.

8 Q. Okay. So this one I believe you turn the page

9 to 6. And I'm talking about Bates numbers.

10 A. Yes.

11 Q. You see there's a little mark next to it. It

12 says August or 08/14?

13 A. Yes.

14 Q. Which I believe means that this is the -- the

15 issued manual from 2014?

16 A. Yes.

17 Q. Okay. Now, if you flip the page to 9. I know

18 I'm making you go backwards and yours isn't bound.

19 You'll see that there's a multiple -- the device

20 actually comes in different styles or sizes.

21 Do you know which one the Hayward Police

22 Department has?

23 A. We use the WRAP standard.

24 Q. Okay. And are all the WRAPs at the Hayward

25 Police Department the WRAP standard?

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 27 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

27

1 A. Yes, sir.

2 Q. Now I'm going to have you flip to 17.

3 A. I'm there.

4 Q. Okay. And at the top you see where it says

5 precautions?

6 A. Yes, sir.

7 Q. Precaution number one, aspiration.

8 "Aspiration is possible when in the supine position.

9 Applied properly, the WRAP harness does not hinder the

10 subject's ability to breath. To minimize respiratory

11 issues, personnel need to work quickly so the subject is

12 secured in one of the recovery positions."

13 Is that statement consistent with what the

14 Hayward Police Department trains its officers on?

15 A. We don't necessarily say you need to work

16 quickly. We do say that you should be applying it

17 correctly and doing so at a safe pace so that you're

18 keeping yourself safe and the subject safe.

19 Q. Okay.

20 A. But I do not believe we use the words, "work

21 quickly."

22 Q. Okay. What about minimize -- using techniques

23 to minimize respiratory issues? Is that -- is that

24 something that officers are trained to do?

25 A. Again, we wouldn't say something so specific

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 28 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

28

1 as that. We would say something to the lines of be

2 aware of medical concerns. Subjects on their stomach

3 could have difficulty breathing. Place them in the WRAP

4 and try to get them seated up as safely as you can.

5 Q. And it says there, one of the recovery

6 positions. And you had mentioned there is two. One is

7 on their side. What's the other recovery position?

8 A. Other one's going to be sitted up, up seated

9 so that they're in a typical seated position.

10 Q. With their legs extended out?

11 A. Yes, sir.

12 Q. Okay. If you look there below that, there's

13 precaution two, medical attention. I'm going to read

14 from there. And it says, "If a restrained subject

15 complains of or exhibits any medical concerns, seek

16 immediate medical attention. Medical treatment can be

17 provided while the subject is restrained in the WRAP."

18 Is that something that the Hayward Police

19 Department officers are trained on?

20 A. Yes. If somebody's exhibiting a medical

21 emergency, you need to respond to it.

22 Q. Okay. And they give some examples right

23 below. It says, "Examples of health concerns are:

24 Respiratory distress, coughing, gasping, gagging,

25 shortness of breath." Is that something that the

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 29 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

29

1 Hayward Police Department officers are trained on?

2 A. Yes.

3 Q. What about sudden quiet or inactivity,

4 especially after a violent struggle?

5 A. Yes.

6 Q. Okay. Chest pain shooting down -- down the

7 arm. Is that something they're trained on?

8 A. The verbal cue, yes. We wouldn't know if

9 they're having chest pains. They would have to say it.

10 Q. Okay. And change in facial color. Is that

11 something that they're trained on?

12 A. That's typical of something we would say, yes.

13 Q. An expression of elevated body temperature,

14 like I'm burning up. Is that something they're trained

15 on?

16 A. Yes.

17 Q. Are they trained on mental -- or a health

18 concern of vomiting?

19 A. Oh, yes.

20 Q. And suspected drug behavior?

21 A. As a health concern, I don't think we

22 specifically say that's a health concern, that suspected

23 drug behavior. We're more along the lines of if they're

24 having a medical emergency that you can observe, you

25 have to respond to. But suspected drug behavior is not

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 30 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

30

1 a medical emergency that we teach.

2 Q. Understood. Rather, would it be fair to say

3 if there were medical symptoms of drug use that, you

4 know, were one of these three, that would be something

5 that they would have to watch out for?

6 A. I think just in general we teach them that --

7 to be aware of subjects under the influence, their

8 behavior and the safety precautions that come along with

9 it.

10 Again, I don't recall us in the ACT program

11 teaching that somebody under the influence of a

12 controlled substance is a medical health concern that

13 you need to call for treatment. We teach that that is

14 a -- can be a contributing factor, and that is something

15 to be aware of. But it's not specifically that's a

16 health concern you have to start medical services for.

17 Q. But it may be if they -- let me put it this

18 way. If they suspect that they may be under the

19 influence of a controlled substance and then they

20 exhibit medical symptoms of -- of respiratory distress

21 or something along those lines, then they would respond

22 to that, correct?

23 A. Yes, that is -- that is correct. We do say if

24 somebody you suspect under the influence of a controlled

25 substance is also displaying medical or medical needs

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 31 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

31

1 such as this, it would be a medical situation. That is

2 correct.

3 Q. And then the last one is sweating profusely.

4 Is that something that the Hayward Police Department

5 officers are trained on?

6 A. We mention it is something to look out for,

7 but that's a difficult one to teach. What's sweating

8 profusely? So we just say this is stuff to look for.

9 Q. Is it fair to say if sweating profusely was

10 combined with one of these other aforementioned medical

11 concerns, that that would be something to respond to?

12 A. Yes.

13 Q. Now, I'm going to have you turn to 19 now.

14 And if you look in sort of under where it says "the

15 WRAP" in big, big text. It says "Safe Restraints

16 Incorporated. The WRAP is the ultimate immobilization

17 system. The WRAP can greatly reduce injuries,

18 positional asphyxia and in-custody death while

19 attempting to control a violent subject allowing medical

20 treatment while restrained." Do you read that?

21 A. Yes, sir.

22 Q. Do you recognize the word "positional

23 asphyxia"?

24 A. Yes, sir.

25 Q. What does that word mean to you?

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 32 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

32

1 A. I have like a general --

2 MR. ROLLAN: Objection. Calls for expert

3 opinion.

4 THE WITNESS: I have a general understanding

5 of it as a subject in certain positions can have

6 difficulty breathing and in which case they can

7 asphyxiate from it. That's my general knowledge of it.

8 MR. BUELNA: Okay. We're going to take a

9 brief break. We're just going to go over maybe the few

10 questions I have left. Okay. We're off the record.

11 (Break was taken.)

12 BY MR. BUELNA: Q. So we're back on the record. Same

13 rules apply as counsel mentioned.

14 I also wanted to clarify real quick when you

15 mentioned before that Officer McCrea was a sergeant,

16 what did you mean by that?

17 A. So I apologize. It may sound like I was

18 indicating that he got demoted, which was not the case.

19 Unfortunately, in 2015 Sergeant Lunger was shot and

20 killed on duty. And Officer McCrea at the time was

21 placed as an acting supervisor in his stead. So he was

22 an acting sergeant, which is a temporary position to

23 fill the need of the departments, you know, staffing.

24 So I apologize. He was still technically the

25 rank of officer at the time, and he's maintained it. I

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 33 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

33

1 just said sergeant at the time because I understand he

2 was a supervisor there.

3 Q. Okay.

4 A. So --

5 Q. That's fine. That's fine. I just wanted to

6 clarify. And he had said as much himself at his own

7 deposition. I just wanted to make sure he wasn't

8 recently promoted.

9 A. No, sir.

10 Q. All right. Going back to the WRAP device. So

11 are there any specific procedures when a subject falls

12 unconscious while the WRAP is being applied?

13 A. Depends on at what portion the WRAP is being

14 applied at.

15 Q. Let's say the person -- the subject is

16 handcuffed, but the -- none of the other restraints have

17 yet been applied and they fall unconscious. What would

18 be the procedures?

19 A. Again, that would be scenario based. It's

20 very difficult. If the subject was violent and had

21 been, you know, resisting the officers but is now

22 handcuffed. It could be that a carotid was just

23 applied. Or it's too much of a scenario base because if

24 the subject regains consciousness right away and we have

25 him in the supine position giving CPR, he can then

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 34 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

34

1 attack the officers.

2 So we teach officers or give them the tools to

3 make a judgment at the time because. Is it safe to now

4 apply emergency medical services? If it's safe to do

5 so, then the officers are trained to do so. If it's not

6 safe, then the officers need to address the safety

7 issue.

8 If they go unconscious and they feel that it's

9 a medical emergency, the procedure would be to notify or

10 call for EMS. So that would be -- EMS is Emergency

11 Medical Services. Which for us would include an

12 ambulance, which is Paramedics Plus. But also the

13 Hayward Fire Department will respond when we request

14 those. So, again, it's scenario based. So I apologize

15 if I can't directly answer you.

16 Q. That was fine. Now I'm going to add another

17 step to it.

18 A. Yes.

19 Q. So the subject is facedown, fallen

20 unconscious, handcuffed and the ankle restraint has been

21 applied, and they fall unconscious. What would be the

22 procedure?

23 A. Again, the officer has to make that

24 determination or the officers on scene. If it's safe to

25 do so, begin applying the emergency medical services.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 35 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

35

1 If there's still some type of safety concern or the WRAP

2 is almost -- or the leg restraints put on -- you said

3 the ankle strap. So that means the legs should be --

4 the leg strap should be right there. If the officers

5 deem that it's necessary to continue putting the strap

6 on due to the subject's behavior and the safety

7 concern -- because we also teach officers that subjects

8 can bait them.

9 By that I mean, that they can pretend to be

10 unconscious or pretend to stop fighting just to ambush

11 the officer. In fact, on my patrol team probably about

12 three weeks ago we had a similar situation where a

13 subject was being transported. He was in custody for a

14 theft. He was in the backseat. He was a large

15 individual that had just fought asset protection. Not

16 the police, but the asset protection from the store that

17 he was arrested at.

18 While he was in the backseat he pretended to

19 go unconscious. I don't know why but once he heard that

20 the officer was pulling over ordering an ambulance,

21 ordering this, he regained consciousness and said -- or

22 he vocalized that he wasn't actually unconscious.

23 So we teach officers that that's a tactic that

24 suspects can use against them as to lull them into a

25 false sense of security. So, again, going back to

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 36 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

36

1 answering your question. It's entirely on the officer's

2 judgment at the time. If they believe that it's safe to

3 do so, then begin applying the emergency medical

4 services. If they believe that some more steps need to

5 take to be able to safely control the subject, then they

6 do that.

7 Q. Okay. If the -- and I understand. And maybe

8 that it's the totality of the circumstances that informs

9 the officers. However, if the subject hadn't been

10 resisting prior to arrest or had been cooperative with

11 officers, would that change the analysis?

12 A. No. Because they still need to take the

13 information they have at the time. Just because they

14 weren't physically restraining, if they were having

15 signs or symptoms, such as verbalization or the intent

16 to resist or they were displaying resistance prior to

17 the officer -- or not resistance, violence. I

18 apologize.

19 Prior to the officer's contact in that

20 situation, they would still need to assess the situation

21 to determine. So I can't give you a specific yes or no.

22 It's circumstantial.

23 Q. When you're applying the WRAP, is there a

24 certain -- do you train officers that there's a certain

25 landscape that they should be applying it on, like a

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 37 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

37

1 flat surface as opposed to a rolling hills or I don't

2 know?

3 A. It's -- it's preferred that the subject's on a

4 flat surface. But it's whatever you actually have at

5 your disposal. Unfortunately, with this business you

6 don't always get the preferred location you would like.

7 Q. But, when possible, you would prefer a flat

8 surface, right?

9 A. Yes, sir.

10 Q. And I imagine also when possible you wouldn't

11 be applying the WRAP near an exhaust pipe; is that

12 correct?

13 A. When possible, I would say yes.

14 Q. Now, how often are officers trained on the

15 WRAP? Is it just once or are they trained annually?

16 A. Annually. The WRAP is part of our POST, which

17 is Police Officer Standard and Training. PSP, which is

18 Perishable Skills Program outlines. So they will get

19 trained on that annually. And I believe that POST

20 requires them to have five and a half hours of it every

21 two years. But we do it annually.

22 Q. And, to your knowledge, have all the defendant

23 officers been trained annually since they began working

24 at Hayward Police Department?

25 MR. ROLLAN: Objection. Calls for

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 38 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

38

1 speculation.

2 THE WITNESS: To my knowledge, yes. Officers

3 are required by the police department to attend

4 specifically those trainings.

5 BY MR. BUELNA: Q. Have you personally trained any of

6 the defendant officers in this case?

7 A. I've been an instructor since 2010. I would

8 say yes. I can't give you a definitive yes, I have.

9 It's not in my recollection. I've taught many classes.

10 So --

11 Q. You don't have a particular memory of one of

12 the defendant officers in your instruction?

13 A. No, sir.

14 Q. And we probably should have gone over this

15 first. What are the general basic steps of applying the

16 WRAP device?

17 A. The first and foremost is the subject needs to

18 be handcuffed. We tell the officers that you cannot

19 apply the WRAP restraint device until the subject is

20 handcuffed.

21 From there we tell them to control the

22 subjects and get them into a prone position, which is --

23 prone is facedown. Officers need to control the upper

24 body and the lower body.

25 The first part of the WRAP that we instruct

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 39 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

39

1 them to apply is the ankle strap. That will help them

2 and assist them in the rest of the application, for the

3 fact that it helps control the legs.

4 From there the officers need to lift the

5 subject's legs up, and then they pull the leg restraint

6 portion of the WRAP below the subject.

7 From there the leg restraints are wrapped

8 around the subject's legs. And there are three straps

9 that are then tightened down. This is going to be

10 considered what we say is applying the lower half of the

11 WRAP.

12 From there we teach the officers to roll the

13 subject over and push him up into the recovery position

14 that we had discussed earlier. And then place a harness

15 on the subject's upper body. And the first portion of

16 that that needs to be applied after being put on is

17 there is a carabiner, which is a locking device on the

18 back part that needs to be interlocked with the

19 handcuffs.

20 Once it's interlocked with the handcuffs, it's

21 then tightened down to ensure that it will not open

22 during any further process. After that the officers

23 then use the two side straps to bring the back portion

24 of the harness, the chest harness, to the front and

25 apply them to the front in a -- looks like a seat belt

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 40 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

40

1 buckle is the best way I would describe it, to the front

2 of it.

3 Once that is applied, officers will then

4 tighten down at the same time the two straps that I just

5 described. But we caution them and tell them you should

6 not overtighten those straps. And a typical way to test

7 that is to check for if you can place either a fist or a

8 hand in between the chest harness and the subject's

9 chest.

10 From there there's a tether that is at the

11 front of the chest that is long enough to reach the

12 subject's ankles. The officers will then push the

13 subject a little bit forward to ensure that they're not

14 trying to resist or push back. And then that is

15 attached via a carabiner similar to the one that's on

16 the back of the chest harness. That is then tightened

17 down.

18 From there the tether is then pulled taut so

19 that way the subject -- it will keep the subject in the

20 recovery position even if they refused to or tried to

21 move backwards.

22 The leftover tether is then tied to itself so

23 that way it's not loose and somebody doesn't accidently

24 overtighten it from there. At that point the subject is

25 what we would like to call the finished application of

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 41 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

41

1 the WRAP.

2 We then teach officers how to move the

3 subject, if need be, which is part of that ankle strap

4 that I mentioned earlier has a handle on it to help you.

5 We also teach officers that if the subject

6 then has become compliant or we feel will cooperate, you

7 can release the tether from the chest restraint to the

8 leg restraint. And then we can release the tension on

9 the ankle strap, at which point they can very mildly

10 walk. It's more of a waddle. But we teach that

11 officers have to be holding the subject because he's

12 still -- or they, I'm sorry, not he -- they are still

13 handcuffed. So in case they fall we want to be able to

14 prevent their fall.

15 That's going to be your typical verbalization

16 of the application of the WRAP.

17 Q. Now, are officers trained any differently --

18 strike that.

19 Are officers trained that obese persons are at

20 a higher risk for having difficulty breathing while the

21 WRAP is being applied?

22 A. I wouldn't say trained. I'd say maybe

23 mentioned, but it's not part of the curriculum.

24 Q. What do you mean by mentioned?

25 A. Subjects that are obese could have difficulty

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 42 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

42

1 breathing if left on their stomach would be something

2 typical that is mentioned, yes.

3 Q. Okay. To officers while they're being

4 trained?

5 A. Yes.

6 Q. And is there any training in regards to

7 subjects -- strike that.

8 Are officers trained to make any sort of

9 accommodations for people that suffer from mental

10 illnesses while the WRAP is being applied?

11 A. I don't think I understand.

12 Q. Let me phrase it this way. Is it your

13 understanding that sometimes people with mental

14 illnesses require accommodations? For example, take --

15 allowing them more time to comply with an order or

16 something along those lines?

17 A. Well, the training we would provide on that

18 is, again, behavioral based. So the WRAP restraint is

19 intended for subjects who are being uncontrollable and

20 violent. Any type of interaction in regards to what

21 you're describing is deescalation or techniques in

22 verbalization of getting compliance.

23 So the WRAP restraint would not have the

24 instruction on that. I'm sorry. The WRAP restraint

25 wouldn't be the deescalation or the interaction. The

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 43 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

43

1 WRAP restraint is specifically intended for people who

2 are not in control. Who are potentially violent and

3 they can hurt themselves or hurt others. So the purpose

4 of it is to immobilize them.

5 Q. So there isn't any need to deescalate the

6 situation in order to gain compliance while applying the

7 WRAP?

8 MR. ROLLAN: Objection. Vague and ambiguous.

9 THE WITNESS: Officers are taught the

10 deescalation techniques. Our -- our instruction on the

11 WRAP is specifically the application. So I believe what

12 you're asking for is tactics. And the ACT program,

13 while it does go over some tactics, it is more

14 specifically in regards to techniques in response to

15 behavior. Someone takes a swing at you, this is what

16 you should do.

17 I believe what you're talking about could be

18 covered more in a field training or a deescalation

19 training kind of thing.

20 BY MR. BUELNA: Q. So is it fair to say, if, you

21 know -- strike that.

22 Is it fair to say that if there's something

23 that the WRAP policy doesn't cover, the officer can rely

24 on other trainings in order to address the situation?

25 MR. ROLLAN: Objection. Vague.

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 44 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

44

1 THE WITNESS: I would say yes. Because I

2 understand what you're asking. Officers do get trained

3 in how to handle situations and tactics and responses to

4 things. That would be outside of the WRAP training.

5 BY MR. BUELNA: Q. But they wouldn't be prevented from

6 using those techniques or tactics while applying the

7 WRAP?

8 A. Correct. They could use all the techniques

9 and all the training that they have been receiving to

10 the situation.

11 Q. Okay. And, now, it's my understanding that

12 Officer Hall was a -- was essentially an officer in

13 training at the time. Is there -- would that mean that

14 she hadn't received any of the WRAP device training?

15 MR. ROLLAN: Objection. Calls for

16 speculation.

17 THE WITNESS: No. She had to have gone

18 through the in-house academy. So she would have

19 received the WRAP training, which is covered in our

20 in-house academy.

21 BY MR. BUELNA: Q. And are sergeants or acting

22 sergeants trained any differently on the WRAP than

23 rookie officers or other officers?

24 A. Other than most likely receiving more training

25 on it. And training of where it's located in the

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 45 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

45

1 sergeants' offices, that would be it. And when I say

2 more training, I meant the sergeants typically have a

3 longer career than rookie officers. So they have gone

4 through that annual POST PSP program I mentioned earlier

5 more. That's what I meant by more training.

6 Q. I see you anticipate. You've already learned

7 sitting around what the lawyers mean.

8 A. Yes. So by that I meant they have attended

9 our training more often than rookie officers. Rookie

10 officers maybe typically have had it once or twice. For

11 our police department to be a sergeant you need four

12 years of patrol experience and have a minimum of two

13 years at the Hayward Police Department.

14 And then just in the typical history of our

15 police department, you know, you've been there for

16 seven, six, seven years before you get promoted.

17 Q. Okay. All right. And we mentioned that

18 officers are told to stay away from placing their knee

19 on someone's mid back, correct?

20 MR. ROLLAN: Objection. Misstates testimony.

21 THE WITNESS: I would say we train them that

22 that's an area they should stay away from, if they can,

23 if it's possible.

24 BY MR. BUELNA: Q. And would one of those areas that

25 they should stay away from, if possible, also include

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 46 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

46

1 the neck?

2 A. Yes. Again, that's situational. So I can't

3 just say they should.

4 Q. And the spine?

5 A. Correct. Also a should, if possible.

6 Q. The recommended area is the shoulder?

7 A. Shoulder or upper back area. That could be

8 next to the neck, not specifically just your shoulder.

9 I'm not an expert in anatomy. So I don't know what

10 covers shoulder, what covers not. We give them a

11 general area.

12 Q. Fair enough.

13 And there's a difference between monitoring

14 and moving someone into a recovery position and applying

15 CPR, correct?

16 A. By definition, technically yes. Because the

17 monitoring and moving will lead most likely into the

18 CPR. CPR is a specific action.

19 Q. But I -- strike that.

20 If a subject expresses some sort of medical

21 concern about having difficulty breathing, there's a way

22 to check on that without having to apply CPR, correct?

23 MR. ROLLAN: Objection. Calls for

24 hypothetical. You can answer.

25 THE WITNESS: I would say yes. You can check

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 47 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

47

1 for somebody's breathing without applying CPR. In fact,

2 you have to because if you start applying CPR to someone

3 that doesn't need that, you can injure them.

4 MR. BUELNA: That's it. All right. That's

5 all my question. Do you have any questions, Counsel?

6 EXAMINATION

7 MR. ROLLAN: I do. Just two questions.

8 Q. So, Officer Wilson, earlier you testified that

9 as part of the monitoring of someone for which a WRAP

10 device is being applied that officers are trained to

11 employ both visual and auditory monitoring; is that

12 correct?

13 A. Yes. That's what I said.

14 Q. Are there instances where visual monitoring

15 may not be possible but auditory monitoring is possible?

16 A. Yes. I would say if it's too dark, it's in a

17 dark room, there's no light, you would still be able to

18 hear if the subject's choking or breathing heavily. So,

19 yes, you could monitor through auditory without visual

20 being something that you can observe.

21 Q. Okay. And then, likewise, is it possible to

22 perform visual monitoring but not do auditory monitoring

23 of a suspect?

24 A. Again, yes. A situation I could think of

25 would be if you're going into a bar. There's loud music

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 48 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

48

1 or if there's been a fight, and you see a subject on the

2 ground and you could tell that they're vomiting or

3 choking. You could visually see the medical emergency

4 without having to hear it because your inability to hear

5 it, I guess you could say.

6 Q. So is it your understanding that in some

7 situations either visual or auditory monitoring is

8 sufficient for the purposes of monitoring someone for

9 which a WRAP is being applied?

10 A. Yes. You could use just one or the other,

11 yes.

12 Q. Okay. Those are all my questions.

13 MR. BUELNA: Thank you.

14 THE COURT: Would you like a transcript?

15 MR. ROLLAN: Yes, please, as soon as possible.

16 (Whereupon, at 11:21 a.m., the deposition of OFFICER

17 BRADON WILSON was concluded, this date.)

18

19

20 --------------------------

21 OFFICER BRADON WILSON

22

23

24 --o0o--

25

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 49 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

49

1 STATE OF CALIFORNIA )

2 ) Ss.

3 COUNTY OF ALAMEDA )

4

5 I hereby certify that the witness, OFFICER

BRADON WILSON, in the foregoing deposition appeared

6 before me, Kelly McKissack, a Certified Shorthand

Reporter and a disinterested person.

7

 Said witness was then and there at the time

8 and place previously stated by me placed under oath to

tell the truth, the whole truth and nothing but the

9 truth in the testimony given on the date of the within

deposition; that the deposition is a true record of the

10 witness' testimony as reported by me.

11 The testimony of the witness and all questions

and remarks requested by Counsel was reported under my

12 direction and control, caused to be transcribed into

typewritten form by means of Computer-Aided

13 Transcription.

14 I am a Certified Shorthand Reporter licensed

by the State of California, and I further certify that I

15 am not interested in the outcome of the said action, nor

connected with, nor related to any of the parties in

16 said action, nor to their respective counsel. I am not

of counsel or attorney for either or any of the parties

17 to the case named in the within caption.

18 IN WITNESS WHEREOF, I have hereunto affixed my

signature this 20th day of April, 2018.

19

20

21 __/s/Kelly McKissack___________

22 Kelly McKissack

Certified Shorthand Reporter

23 California License No. 13430

24 --o0o--

25

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 50 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

50

1 DEPONENT SIGNATURE PAGE

2 

3 I hereby certify that I have read my deposition 

4 made those changes and/or corrections I deem 

5 necessary, and approve the same as now written. 

6 Executed this ______ day of __________, 2018

7 By:

8 ___________________________

9 ___________________________

10 BRANDON WILSON

11 Under Penalty of Perjury

12

13

14 --o0o--

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 51 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

51

1 DEPONENT SIGNATURE WAIVER

2 

3 The signing of the deposition by the deponent was 

4 conditionally waived at the time of the taking of the 

5 deposition.

6 _______________________________

Barbara J. Butler, CSR #5604

7

8

9

10 Upon completion of the foregoing transcript, the 

11 witness was notified it was ready for signature, but 

12 the deposition was not signed by the witness for the 

13 following reason:

14

15 _______________________________________________________

16 _______________________________________________________

17 _______________________________________________________

18 _______________________________________________________

19 _______________________________________________________

20 _______________________________________________________

21 BARBARA J. BUTLER & ASSOCIATES

22

23 --o0o--

24

25

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 52 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

52

1 WITNESS LETTER

2 TO: Officer Brandon Wilson Date: 04.24.18

 c/o Raymond R. Rollan, Deputy City Attorney

3 City Attorney's Office

 777 B Street Depo: 04.06.18

4 Hayward, CA 94541 Ref. #18040621A

5 RE: Roy Nelson, III, et al. v. City of Hayward, et al.

6 Dear Officer Wilson:

7 The transcript of your Deposition reported in the 

above-captioned cause has been prepared and will be 

8 available at this office for your inspection and 

signature for a period of 30 days from the date of this 

9 letter.

 Please contact our office between the hours of 

10 9:30 a.m. and 5:00 p.m. Monday-Friday, to schedule an 

appointment. Or, if you prefer, contact your attorney 

11 to read, correct and sign the copy of your Deposition 

before a Notary Public.

12 Read the transcript making any changes and/or 

corrections necessary. In making any changes and/or 

13 corrections, please use the following guide:

 1. DO NOT WRITE on the original transcript. 

14 2. SIGN UNDER PENALTY OF PERJURY at the end of 

 the Deposition on the Deponent Signature Page. 

15 3. List each change and/or correction on the 

 Correction Sheet provided at the end of the 

16 Deposition. Signature is required at the bottom 

 of the Correction Page.

17 4. Forward the signed Deponent Signature Page

 and Correction Sheet to: 

18 Barbara J. Butler & Associates

 Certified Court Reporters

19 P.O. Box 3508

 Santa Clara, California 95055

20 (510) 832-8853 or (408) 248-2885

21 Upon receipt of items requested in this letter, I 

will forward copies of same to all Counsel.

22

 Sincerely,

23 

 /s/Barbara J. Butler

24 Barbara J. Butler, CSR

25 cc: All Counsel

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 53 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

53

1 DEPONENT'S CHANGES/CORRECTION SHEET AND REASON

2 RE: Roy Nelson, III, et al. v. City of Hayward, et al.

3 Depo: 04.06.18 Ref. #18040621A

4 Note: If you are adding to or deleting from your 

testimony, print the exact words you want to add or 

5 delete. Specify with "Add" or "Delete" and sign below.

6 PAGE LINE Change/Add/Delete

7 ____ ____ _________________________________________

8 ____ ____ _________________________________________

9 ____ ____ _________________________________________

10 ____ ____ _________________________________________

11 ____ ____ _________________________________________

12 ____ ____ _________________________________________

13 ____ ____ _________________________________________

14 ____ ____ _________________________________________

15 ____ ____ _________________________________________

16 ____ ____ _________________________________________

17 ____ ____ _________________________________________

18 ____ ____ _________________________________________

19 ____ ____ _________________________________________

20 ____ ____ _________________________________________

21 ____ ____ _________________________________________

22 I hereby certify that I have read my deposition 

transcript, made those changes and corrections that I 

23 deem necessary and approve the same as now true and 

correct.

24

DATE: _________ Signature___________________________

25 BRANDON WILSON

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 54 of 55
DEPOSITION OF OFFICER BRANDON WILSON (PMK for WRAP)

1659 Scott Blvd., Suite 15, Santa Clara, CA 95050 - (510) 83-BUTLER (2885) or (408) 248-BUTLER(2885)

Barbara J.Butler & Associates - Certified Court Reporters

54

1 ATTORNEY'S NOTES

2 Page # Line #

3 ______/______/_________________________________________

4 ______/______/_________________________________________

5 ______/______/_________________________________________

6 ______/______/_________________________________________

7 ______/______/_________________________________________

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9 ______/______/_________________________________________

10 ______/______/_________________________________________

11 ______/______/_________________________________________

12 ______/______/_________________________________________

13 ______/______/_________________________________________

14 ______/______/_________________________________________

15 ______/______/_________________________________________

16 ______/______/_________________________________________

17 ______/______/_________________________________________

18 _______/______/________________________________________

19 ______/______/_________________________________________

20 ______/______/_________________________________________

21 ______/______/_________________________________________

22 ______/______/_________________________________________

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25 ______/______/_________________________________________

Case 3:16-cv-07222-SK Document 78-8 Filed 12/31/18 Page 55 of 55