Page 1 - DECLARATION OF HEATHER J. VAN METER

HJV/6554023-v1

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 947-4700 / Fax: (503) 947-4791

ELLEN F. ROSENBLUM

Attorney General

HEATHER J. VAN METER #983625

ANDREW D. CAMPBELL #022647

Senior Assistant Attorneys General

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

Telephone: (503) 947-4700

Fax: (503) 947-4791

Email: Heather.J.VanMeter@doj.state.or.us

Andrew.D.Campbell@doj.state.or.us

Attorneys for Defendants Robert Wayne Edwards and State of Oregon

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JUSTIN MICHAEL WILKENS,

Plaintiff,

v.

ROBERT WAYNE EDWARDS, in his

individual capacity; THE STATE OF

OREGON,

Defendants.

Case No. 6:14-cv-00907-MC

DECLARATION OF HEATHER J.

VAN METER

I, Heather J. Van Meter, hereby declare:

1. I am a Senior Assistant Attorney General for the Oregon Department of Justice,

and represent defendants in the above-captioned case. I have personal knowledge of the

following and am competent to testify to the same.

2. Attached as Exhibit A is a true and correct copy of relevant excerpts of

Defendant Captain Edwards’ deposition taken on April 29, 2015.

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Page 2 - DECLARATION OF HEATHER J. VAN METER

HJV/6554023-v1

Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

(503) 947-4700 / Fax: (503) 947-4791

3. Attached as Exhibit B is a true and correct copy of relevant excerpts of Plaintiff

Wilkens’ deposition taken on April 15, 2015.

4. Attached as Exhibit C is a true and correct copy of the various citations issued to

plaintiff as a result of plaintiff’s actions on August 3, 2012, all issued by Lane County Sheriff’s

Office.

5. Attached as Exhibit D is a true and correct copy of the DVD with the August 3,

2012 digital recording which was captured onboard the police vehicle with Captain Edwards. A

true and correct DVD copy of the digital recording is simultaneously being mailed to the court

and plaintiff’s counsel.

6. Attached as Exhibit E is a true and correct copy of the readily accessible CAD

reports regarding the armed bank robbery incident that precipitated the events in question.

7. Attached as Exhibit F is a true and correct copy of the report of the Independent

Medical Examination conducted by Dr. Scott Kitchel on June 3, 2015.

8. Attached as Exhibit G is a true and correct copy of the Oregon State Police

policy relating to halting vehicles in high-risk stops.

I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on June 22 , 2015.

s/ Heather J. Van Meter

HEATHER J. VAN METER

Senior Assistant Attorney General

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 2 of 117
Robert Edwards 

Wilkens v Edwards and State of Oregon 

April 29th, 2015 

copy 

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CC REPORTING AND VIDEOCONFERENCING 

172 East 8th Ave 

Eugene, OR 97401 

541-485-0111 

www.ccreporting,com 

ocreporting.corn 541-485-0111 

EXHIBIT A, Page 1 of 80

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UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

JUSTIN WILKENS, ) 

) 

Plaintiff, ) 

) 

v. ) 

) 

ROBERT EDWARDS, in his ) 

individual capacity; ) 

THE STATE OF OREGON; ) 

) 

Defendants. ) 

No. 14-CV-00907 

Volume I of II 

Pages 1 to 101 

DEPOSITION OF CAPTAIN ROBERT EDWARDS 

April 29, 2015 

Wednesday 

11:56 A.M. 

THE DEPOSITION OF CAPTAIN ROBERT 

EDWARDS, was taken at the Department of Justice, 

1162 Court St. NE, Salem, Oregon, before Jan R. 

Duiven, CSR, FCRR, CCP, Certified Shorthand 

Reporter in and for the State of Oregon. 

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..... ... .. 

2 

APPEARANCES 

For the Plaintiff: 

MS. LAUREN C. REGAN 

259 E. 5th Avenue, Suite 300-A 

Eugene, Oregon 97401 

541/687-9180 

fregan@justicelaworegon.com 

For the Defendants: 

DEPARTMENT OF JUSTICE 

Trial Division 

1162 Court Street NE 

Salem, Oregon 97301 

503/947-4700 

BY: MR. ANDREW D. CAMPBELL 

andrew.d.campbell@doj.state.or.us 

Also Present: 

MS. LOREE FOGLEMAN 

MR. JUSTIN WILKENS 

Reported by: 

JAN R. DUIVEN, CSR, FCRR, CCP 

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CAPTAIN ROBERT EDWARDS, 

having been first duly sworn to testify the truth, 

the whole truth, and nothing but the truth, was 

examined and testified as follows: 

EXAMINATION 

BY MS, REGAN: 

Q. All right. Good morning. 

A. Good morning. 

Q. Let's start by having you state your 

name for the record, and if you wouldn't mind 

spelling it. 

A. Robert Edwards. R-O-B-E-R-T, 

EDWARD S. 

Q. All right. And have you ever been 

known by any different names other than that name? 

A. Rob. 

Q. Okay. And is your date of birth 

A. Yes, ma'am. 

Q. Okay: And today's deposition is 

focusing on an incident that occurred on 

August 30th of 2012. 

A. August 3rd, I believe. 

Q. I'm sorry. August 3rd of 2012. That 

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respect you back. So if you respect them, they'll 

respect you back. 

Q. Okay. And how -- what is your 

personal style or how do you interact with people 

when you believe they are not doing what you're 

asking them to do or they're not complying with 

your instructions? 

A. You have to get the point across that, 

you know, me as a law enforcement officer is 

taking control of the situation. 

Q. And how do you do that? 

A. Through red and blue lights, through a 

uniform, through verbal commands, verbal cues. 

Then if it continues, then you start going up the 

use of force continuum until you gain compliance. 

Q. Okay_ Have you ever lost your cool or 

lost your patience with a citizen that you've 

detained for a traffic stop? 

Not that I'm aware of, no. 

Q. Here's a fun question. If you had to 

put an approximate number on the number of traffic 

stops that you've done in your 18 years as a 

police officer, what would you approximate? 

A. Ten -- between -- this is a total 

guess, 15,000. 

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portion. 

2 Q. Okay. And was there anything else? 

3 A. There was. I'm trying to remember 

4 what it was. Failed to notify the pointing of the 

5 firearm, and I think failed to notify of the use 

6 of -- a portion of the use of force, I believe. 

7 may be mistaken on that. 

8 Q. Okay. 

9 A. But, again, this was two years ago. 

10 Q. And both of those, to your 

11 knowledge -- to your recollection, resulted in a 

12 written reprimand? 

13 A. I believe so. 

14 Q. Okay. And that goes in your permanent 

15 disciplinary file? 

16 A. It goes into my personnel file, yes. 

17 I don't know how permanent it is. 

18 Q. Okay. Are there any other 

19 consequences of a written reprimand? 

20 A. No. 

21 Q. Okay. So as captain -- my 

22 recollection from reading the documents when you 

23 were a lieutenant, you were head of the 

24 Springfield command. Is that correct? 

25 A. Yes, ma'am. 

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Q. Okay. 

A. Drove my personal vehicle to work that 

day I'm assuming because I had a meeting or had to 

do something or pick my girl up from school or 

something, 

Q. Okay. 

A. So I did not have my assigned car. 

Q. Okay_ So how did you end up driving 

the Camaro that day? 

A. Something occurred. I decided I need 

to go look for some bank robbery suspects, and I 

grabbed the keys to that car to drive -- two 

reasons. It was easily available. The keys are 

in the box, in the assigned ADEP box. 

Two, the location I was going to go to 

look for these bank robbery suspects was very 

rural and I wanted to blend in in the parking lot 

to watch an intersection. I didn't want to be in 

a marked unit. 

(Reporter inquiry.) 

THE WITNESS A -- aggressive 

driving enforcement program. ADEP. 

BY MS. REGAN: 

Q. Had you ever driven the Camaro prior 

to August 3rd? 

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better. 

They do handle a little bit different. 

They -- you know, power-wise, they're not nearly 

as powerful as our Chargers. The Camaro has a V6 

versus the powerful V8s that our Chargers have. 

Q. Okay. Are there any mod -- other 

modifications to the Camaro that are used for 

police work? 

A. Typically just a radio, a roll bar, 

and a bunch of red and blue lights on it. And a 

siren. 

Q. Okay. So the tires on the Camaro, are 

they standard tires for a Camaro? 

A. Speed-rated tires, yes. 

Q. Okay. Is there anything modified with 

regard to the braking system? 

A. I don't believe so. 

Q. So there's no button inside the 

vehicle that you press to assist with brake fade 

or anything like that? 

A. No. 

Q. Okay. And do you recall where the 

lights are located on the Camaro? 

A. I believe they are down on the center 

console. It's a toggle switch or buttons, but 

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1 down on the center console. 

2 Q. So kind of where the shift would be? 

3 A. Just forward of that, yes. 

4 Q. And there is -- I think you said a 

5 switch or a button that you hit to make them 

6 function? 

7 A. That's correct. 

8 Q. Okay. And what about the siren? 

9 Where would the siren button be located? 

10 A. Same location. 

11 Q. Okay. And where are the actual lights 

12 physically located on the outside of the vehicle? 

13 A. In the grille, in the front 

14 windshield, and on the outside near the 

15 headlights. 

16 Q. Okay. So the grille, I assume you 

17 mean one on each side, sort of near where the 

18 headlights would be located? 

19 A. I'd have to look at your pictures to 

20 tell exactly where they're at. 

21 Q. You're welcome to. 

22 A. So you've got a red and blue light in 

23 the top of the windshield. You've got red and 

24 blue lights in the grille. You also have red and 

25 blue lights down near the spoiler. 

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Q. And can you be more specific? Is 

2 there one red light and one blue light on each 

3 side or how -- can you give me a little more 

4 detail if you recall? 

5 A. I don't recall. 

6 Q. Okay. 

7 A. Based on the photos and based on my 

8 memory, I -- I haven't seen the front of this car 

9 . with its lights on in a long time. So I know you 

10 got a red and blue light for sure on the top of 

11 the windshield. I believe you got a -- I think 

12 you might have red and blue lights on both sides 

13 of the grille, both sides of the Chevy emblem. 

14 You also -- 

15 Q. Meaning near the center, like on 

16 either side of the license plate? 

17 A No. On the outside. 

18 Q. Oh, I see. Okay. .

19 A. Near the headlights. 

20 Q. Okay. 

21 A. You're also going to have headlights, 

22 called a wig-wag. Your headlights are going to be 

23 fluctuating on and off also. 

24 Q. Your headlights themselves? 

25 A. The headlights themselves. 

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Q. Okay. So just -- just to be clear, 

let's start at the ones that are up on top of the 

windshield. They are centered, it looks like, on 

either side of where the rearview mirror would be 

located. Is that accurate? 

A. I would say -- 

Q. That 

A. -- sitting in the driver's seat to the 

right of the rearview mirror, 

0- Okay. To the right. But not to the 

left? 

A. No. 

Q. So there's only one light? 

A. That would block the operator's -- 

that would obscure an operator's view. So it 

would be on the right side of the rearview mirror. 

Q. Okay. Just one light, though? 

A. One red, one blue. 

Q. Meaning there are actually two lights 

there or it rotates from red to blue? 

A. I think there's two. Based on that 

red light, it is more closer to the center. Based 

on that blue light, it looks like it's over to the 

right further. 

Q. Okay. So there are two actual lights, 

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one is red, one is blue. They are to the right of 

the rearview mirror if you're driving the car, and 

those toggle back and forth between red and blue? 

A. Yes. 

Q. Okay. And that is -- is that an 

accurate picture of what they look like in broad 

daylight? 

A. No, 

Q. How -- how would you correct that? 

A. You have a small video, which would 

give you an accurate -- an accurate depiction of 

how fast -- this is just a still shot of -- all 

you see is one red. 

So if you play it over the -- over the 

course of several seconds, you will get a much 

better accurate depiction of the lighting system. 

Q. Okay, And what -- what do you think 

would be more accurate? Like describe what you 

think would look different or how would it look 

different. 

A. .You would get a better visual 

observation of the rapid succession of the red and 

blue lights flickering on and off_ 

Okay. So the flashing of the lights 

or the flickering of the lights. But other than 

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that is the brightness accurately depicted? 

A. Personal opinion, no. 

Q. Okay. And how would you explain why 

not? 

A. Can't tell you. 

Q. Okay. 

A. I know when T was standing in front of 

the car they look brighter than what the photos 

are depicting. 

Q. Okay. And how about the color? 

Are -- is the blue and the red accurately 

depicted? 

A. I guess. 

Q. Okay. So then moving to the set of 

lights that are to the left and right of the upper 

headlights on either side of the Chevy -- 

A. Here and here? 

Q. Yes. 

A. Okay. 

Q. Are those lights -- are those police 

lights? 

A. Yes. 

Q. Okay. And they are mounted to the 

right and left, respectively, of the headlights? 

A. I believe so, yes. 

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Q. Okay, And is one of those blue and 

one red? 

A. I don't recall. I don't know if 

you've got a red and blue on each side or if 

you've got a blue on this side and a red on that 

side. I don't recall. 

- Okay. 

A. And the pictures I have are not 

helping me out. 

Q. Okay. Do they toggle back and forth? 

A. Yes. 

Q. Okay. So the one on the left appears 

to be blue. Is that correct? 

A. On the right side -- if you're facing 

the car, yes. 

Q. Okay_ 

A. On the left. 

Q. So yes. If you were the driver of the 

car, the light adjacent to the right headlight 

would be blue and always blue? 

MR. CAMPBELL: Maybe you could just 

say "passenger's side" and "driver's side." 

MS. REGAN: Okay. That's good. 

BY MS. REGAN: 

So passenger side near the headlight, 

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that light is blue? 

A. It is blue. But I'm not sure if 

there's a red one next to it or not. 

Q. Okay. But there is another light 

similar to that on the driver's side near the 

headlight? 

A. I believe so, yes. 

Q. Okay. And are there any other lights 

at that level of the headlights? 

A. Looks like we have some smaller LED 

lights on the interior side of the -- on the inner 

side, if you will, by the Chevy emblem itself too. 

Probably one on each side. 

Q. Okay_ And can you explain -- so this 

is a light that's much smaller than the other 

lights you've previously described, or what is the 

distinction with an LED light? 

A. I'm just going based on the photo. It 

appears to be an LED light. I may be -- maybe I'm 

speaking out of turn. I don't know if it's an LED 

light. But it appears to be based on the photo. 

But regardless, you do have a red -- blue light 

here. 

Q. Uh-huh.. 

A. So I can only assume next to the blue 

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light or adjacent to the blue light you're going 

to have a red light also. 

Q. Okay. 

A. And I don't know if it's on the same 

side or opposite side. 

Q • Okay. And then at the level of the 

license plate -- I'm sorry. I forget what you 

called that area of the car. 

A I forgot what I called it also. 

Q Okay. We'll call it the license plate 

level, 

MR. CAMPBELL: We can call it the 

fairing. 

MS. REGAN: The fairing? 

MR. CAMPBELL: Uh-huh, 

MS. REGAN: All right. 

BY MS. REGAN: 

Q. So at the fairing level of the 

vehicle, there appears to be another set of 

lights. Is that correct? 

A. Yes. 

Q. And can you describe those lights? 

A. Ah, those would be -- typically what 

would be referred to as your fog lights. But I 

believe we have red and blue lights in lieu of 

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your standard white light. 

Q. Okay. And do you know whether those 

toggle back and forth? 

A_ I believe they do. 

Q. Okay. And is it accurate to say that 

the lights on the driver's side of the vehicle are 

all red, and the lights on the passenger's side 

are all blue? 

A. From this still photo it appeArs so, 

but I -- I'm not sure. 

Q. Okay. 

A. I'd have to watch the -- I would 

imagine somewhere on the left side or the driver's 

side there should -- there would be some blue 

lights also, but I'm not 100 percent sure. 

Q. Okay. And so that's not something 

standard in police vehicles where one side's all 

red and one side's blue? 

A. No. 

Q. Okay_ Displaying my ignorance there. 

Okay. And so are there any other 

lights on the front of the vehicle that -- apart 

from normal headlights or turn signals? 

A. We have -- on the sides, we have a 

little -- bubble LEDs. You can't see it. Well; 

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that one there. (Indicating.) 

Q. Okay. So that is below the turn 

signal light? 

A. Yes. 

Q. So below the turn signal light at the 

fairing level is an LED light? 

A. I believe. 

Q. Is it colored? 

A. Yes. 

Q. And would it be blue and red again? 

A. Yes. 

Q. Okay. And is -- is that light -- it's 

a little difficult to see because of the damage to 

that part of the vehicle, but is that visible from 

the front or is that something that you see if 

you're on the side of the vehicle? 

A. It's designed more for the side of the 

vehicle. 

Q. Okay. All right. Any other lights? 

A. Not that I'm aware of. 

Q. Okay. Do you happen to know the 

mechanics of how the siren operates, like where is 

the siren actually located? 

A. Somewhere in that area. (Indicating.) 

Q. In - 

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Q. Was it 

A. There were a lot of motorcycle 

training, riding techniques, riding ability, lots 

of training with the riding. 

Q. Okay. 

6 A. 1 don't know what -- how many hours or 

7 what type. 

8 Q. Okay. And you were never exposed to 

9 any of that -- 

10 A. No. 

11 Q. -- in your employment? Okay. 

12 So what is the protocol for stopping 

13 someone you believe has committed a traffic 

14 violation in 2012, in August of 2012? 

15 A. Okay. Assure you got probable cause 

16 to believe that the individual committed the 

17 violation. Catch up to the violator. Find a safe 

18 spot alongside the roadway to stop that person. 

19 Preferably before, call out the location to your 

20 dispatch center, vehicle plate and location. And 

21 provide the license plate and then activate your 

22 red and blue lights. 

23 Q. Okay. 

24 A. And then they pull over. You pull in 

25 behind them. You have a discussion about the 

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violation. You ask for driver's license, 

registration, insurance. Make a determination if 

you want to issue that person a citation and/or 

verbal warning. Make your determination. 

And sometimes check them through LEDS 

and NOIC for their driving status and wants check. 

Sometimes not. And then make your determination 

to issue the citation or the warning and allow 

them to be on their way. 

Q. Okay: And so is there a procedure 

that you radio in to dispatch prior to turning on 

your lights as you had just described? 

A. In a perfect world, yes. Sometimes 

you turn your lights on first, get them to slow 

down, so you can get close enough to see the 

license plate, and then you can call out the 

license plate at the same time that they're 

yielding to the side of the road. 

Q. Okay. 

A. But either way is fine. 

Q. Okay. And what about the use of a 

siren in that scenario? You didn't really mention 

turning on the siren or using the siren. Is there 

any rule or training or policy regarding the use 

of the siren? 

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1 A. On a standard traffic stop? 

2 Q. Yes. 

3 A. No need. 

4 Q. No need to use a siren? 

5 A. No. 

6 Q. Okay. And is there anything -- as 

7 you're engaging in a traffic stop, is there any 

8 time where a siren would be required? 

9 A. Not that I can think of. 

10 Q. Okay. 

11 A. I'm sure there's a million scenarios 

12 maybe, but I can't think of one right now. For 

13 your standard run-of-the-mill traffic stop there's 

14 no need to engage your siren. 

15 Q. Okay. And would that change if you 

16 were engaging in a high-speed chase? 

17 A. Yes. 

18 Q. And how would it change? 

19 A. Department policy says you got to have 

20 your siren on. 

21 Q. And when would it be -- when would you 

22 be required to utilize the siren? 

23 A. When you've made a determination that 

24 you're in pursuit of and/or feel that the person 

25 is failing to yield, you might be getting -- you 

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might get behind a little old lady who doesn't see 

you. Might be trying to activate your siren a 

time or two to get their attention. They may then 

pull over, shut your siren off. Or if they don't 

stop, continue to fail to yield, and/or attempt to 

elude, you keep your siren on. 

Q. Okay_ So just to make sure that I'm 

understanding, you are allowed to use high speed 

yourself in trying to catch up to a speeder 

without turning on -- without activating the 

siren? 

A. That's correct. 

Q. Okay. And the use of the siren would 

only be required if you needed a non-suspect 

vehicle to yield to you, like the old lady 

scenario you explained, so you would utilize your 

siren in that circumstance? 

A. You could, yes. 

Q. Would it be required or it's 

discretionary? 

A. Discretionary. 

Q. Okay. And I believe your testimony 

also was that if the speeder -- if the target 

suspect failed to pull over after utilizing the 

lights, then you would activate the siren. Is 

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that correct? 

A. You've got to draw the line in the 

sand. Is it someone who's just failing to yield 

or they're maybe not hearing you, maybe not seeing 

you, maybe they're not paying attention, and 

they're continuing to drive at or near the speed 

limit, or they're -- the speed at which you're 

trying to stop them. If they're not yielding, you 

can hit your siren a time or two and attempt to 

get their attention. 

Q. Okay. Is that a requirement or just a 

practice? 

A. A discretion. A trooper does not have 

to use it. He can stay behind them with their 

lights and -- with just their lights on. They can 

get out next to them with their lights on. Weave 

back and forth to try to get that person's 

attention. 

Q. Okay. From your training and 

experience, do you know -- is there a distance in 

which a siren can be heard? 

A. I don't know. 

Q. Okay. And -- well, I'm going to wait 

to tura to the incident, and we'll cover the 

August 3rd incident all at one time. So I'll hold 

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A. No. 

BY MS. REGAN: 

Q. No. Okay. So I thought I had seen in 

the training materials that there can be an 

occasion where a police vehicle would physically 

ram a vehicle to get it to stop or to get it to 

pull over or something like that? 

A. I guess we're instructed . -- we're not 

trained -- maybe I'm splitting hairs. I've never 

been in a car with an instructor showing us how to 

ram a car. 

O. Okay. 

A. Okay. In our policy, under very 

limited certain circumstances, we have the 

authority to ram the car. 

0. Okay. 

A. Or vehicle. 

Q. And have you ever had the -- prior to 

August of 2012, had you ever had the experience of 

ramming a vehicle? 

A. I have not. 

Q. Okay. Now, I guess just to kind of 

cross this line of questioning off, on August 3rd 

of 2012, would it be fair to say that you did not 

intentionally ram Mr. Wilkens's motorcycle? 

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A. I wouldn't call it a ram, but I did 

not intentionally make contact with his 

motorcycle. 

Q. Okay. You were not using a ramming 

tactic as described in the police training 

materials? 

A. Absolutely not. 

Q. Okay. That skips over a whole lot of 

questions. 

What is -- what time -- should we 

pause? 

MR. CAMPBELL: It's about five to 

noon right now so -- 

MS. REGAN: Okay. 

MR. CAMPBELL: I'm fine with pausing 

or I don't know what everyone else's comfort level 

is like. 

THE WITNESS: I could use the 

bathroom. 

MS. REGAN: Well, let's pause. This 

is a good breaking point. 

MR. CAMPBELL: Okay. 

MS. REGAN: So we'll pause there and 

grab lunch. 

MR. CAMPBELL: Come back at one. 

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Q. Okay. And explain to me what the 

difference is between a routine traffic stop and a 

high-risk traffic stop? 

A. A routine traffic stop is the most 

common. Someone commits a traffic violation, get 

behind them, turn the red and blue lights on, they 

pull over to the shoulder of the road. You have a 

discussion about the violation. You issue a 

citation and/or a warning, and you allow them to 

be on their way. That's your standard, 

run-of-the-mill traffic stop_ 

Now, during the course of that, should 

they reach into the center console quickly without 

warning, I may pull my firearm. If they throw 

their hand underneath the seat as if they're 

trying to retrieve a weapon and they get their - 

I may draw my firearm. So that's your standard 

traffic stop. 

A high-risk traffic stop would be if I 

knew the car was stolen. I knew the occupants or 

the occupants within the vehicle were armed and 

dangerous following a high-speed pursuit, 

something of that sort. That's when, at the 

conclusion of the stop or the pursuit, we are 

authorized and encouraged to pull our firearms to 

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BY MS. REGAN: 

Q. Well, so, in general, I just wondered 

if there were policies and/or training 

requirements regarding high-speed chases, and I 

guess if it makes more sense to break it down into 

two parts we can do that. 

Maybe what are the training and 

policies regarding initiating a high-speed chase? 

A. Okay. Initiating a chase or a 

pursuit, it just happens. You stop the car for 

whatever reason and -- either at low speeds, high 

speeds, or medium speeds, if they know you're 

behind them and they fail to yield, that -- that 

automatically becomes a pursuit. Even if it's at 

20 miles an hour and they don't yield, that's a 

pursuit. So lights are on, sirens are on_ 

And during the course of that pursuit, 

depending on the crime or potential crime, or 

depending on information on the suspects, the 

involved officer must constantly be using common 

sense and taking factors into consideration such 

as time of day, traffic flow, the speeds, the 

potential suspect's driving capability, the 

trooper's driving capability. You factor those in 

and you're constantly weighing risk versus reward. 

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have a tactical vehicle intervention, which is 

'where a patrol vehicle, as long as they're not by 

themselves and it's a safe area to do it, and the 

speeds are within policy you come up, and you kind 

of spin them out, if you will. You can't do that 

with a motorcycle. Only four-wheeled vehicles; D, 

depending on the level of the crime, if deadly 

physical force is authorized, you can ram the 

vehicle. 

There's other pursuit techniques 

such as slack pursuit, but as far as terminating a 

pursuit, those are the -- those are the standard 

authorized techniques. 

BY MS. REGAN: 

Q. Okay. So -- so just to make sure I 

understand, with regard to motorcycles, it seems 

like a number of the options are impermissible? 

A. That's correct. 

Q. So what are the permissible tactics to 

stop a motorcycle during a high-speed pursuit? 

A Hope they run out of gas. Hope they 

stop. Or if it gets dangerous enough, you let 

them go_ 

Q. Okay. If you were to give me a best 

estimate of how many traffic stops you've been 

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stop? 

A. That number would -- that number would 

increase drastically if we went into that 

direction. 

Q. Yes. Okay. Understood. 

At the time of the incident that we're 

talking about today, August 3rd, 2012, were you 

familiar with Crow Road, the road that you were 

driving on when pursuing Mr. Wilkens? 

A. Yes. 

Q. Was that a'-- I mean, I know you 

weren't doing a lot of patrol work at that time, 

but was that an area that you had patrolled in the 

past? 

A. Yes, ma'am. 

Q. With some amount of frequency? 

A. I would say I was quite — I was 

familiar with the area. I didn't know the road 

like -- you know, I know some other roads, but I 

was familiar with the roads. 

Q. Okay. Were you familiar, for 

instance, of the curves in the road? 

A. Yes. 

Q. And were you familiar that it came to 

a T at some point? 

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A. Yes. 

Q. Had you -- now, on August 3rd 

you're in the ADEP vehicle, but you're not serving 

as an ADEP patrol officer, are you? 

A. Not -- I mean, was my main focus that 

day to go out and enforce aggressive driving? No. 

That wasn't my main purpose that day. My main 

purpose at that time was to look for a couple of 

armed bank robbers. 

Q. Okay. And so I think somewhere in the 

report it mentioned that you were actually heading 

to a particular location. Is that right? 

A. Yes. 

Q. Do you recall what the location was? 

A. Yes. The intersection of -- basically 

Lorane. Lorane. The intersection of Cottage 

Grove/Lorane Highway and -- I don't remember the 

other name of the road. Smith Creek. It's a back 

way from Florence. 

Q Okay. 

A. From Mapleton. 

Q. Okay. 

A. So the bank robbery took place in 

Mapleton. I figured other officers had the other 

avenues back to Eugene covered, so I went to the 

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THE WITNESS: Yeah. 

MR. CAMPBELL: All right. So listen 

to the question she's asked and answer it. 

BY MS. REGAN: 

Q. Okay. Do you remember what 

Mr. Wilkens's motorcycle looked like? 

A. Yes. 

Q. Can you describe what you recall? 

A. It was a sports bike. Reddish-orange 

and white. 

Q. Do you remember whether it had 

rearview mirrors? 

A. I don't recall. 

Q. Okay. And was your initial decision 

to pursue Mr. Wilkens based on him passing your 

vehicle at what appeared to be above the speed 

limit? 

A_ Yes. My initial reason for contacting 

him or attempting to contact him was for a speed 

violation. 

Q. Okay. Do you remember what 

Mr. Wilkens was wearing? 

A. Yes. 

Q. Can you describe what you recall? 

A. A full-faced black-and-white helmet, a 

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black protective riding jacket, black protective 

riding gloves. T believe blue jeans. 

Q. Okay. And did you form an opinion 

about his skill level in riding the motorcycle? 

A. I did. 

Q. And what was your opinion? 

A. He knew how to ride a motorcycle well, 

Q. Okay. And were you able to visually 

see him and the motorcycle during your entire 

pursuit of him? 

A. I believe so. There may have been one 

corner where I may have lost sight of him briefly. 

Q Okay. And so in terms of trying to 

put an approximate distance -- and I know there 

was a range of distance -- but if you were to give 

me an approximate range of distances between you 

and the motorcycle during this pursuit, could you 

estimate that? 

A. At times, throughout the whole 

pursuit? 

Q. Yes. 

A. At times we were touching. At other 

times I was several hundred yards behind him. 

Q. Okay. And touching, other than when 

you collided with him, where were there other 

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quarter mile, maybe a little more. Maybe up to --

trying to catch up to him, trying to get a pace, 

quarter mile, maybe a little more than that, Half 

mile. 

Q. Okay. So between a quarter mile and a 

half mile, at the time that you turned on your 

lights, do you have an approximate distance that 

you could provide between you and the motorcycle? 

A. I don't. I'd have to watch the 

videotape. I don't recall how far ahead he was at 

the time I activated my lights. 

Q. Okay. And what was your reason for 

activating your lights at that time? 

A. Trying to initiate a traffic stop on 

him for passing in a no-passing zone and speeding. 

Q. Okay. And your vehicle didn't have 

radar in it. Correct? 

A. I believe it did. I believe it does. 

Q. Okay. Did you utilize the radar on 

August 3rd? 

A. I did not. 

Q. Why? 

A. The type of radar we had at that time 

would have been useless. I -- it only would catch 

vehicles coming towards me. 

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Q I see. Okay. How about was there a 

VASCAR unit in the vehicle? 

A. No. 

Q. Okay. And what about a LIDAR system? 

A. No. 

Q. And so was your method for determining 

excessive speed pacing? 

A. Yes. 

Q. Okay. And when you mentioned that 

there was about a quarter mile to a half mile 

before you turned on your lights, were you 

attempting or did you actually pace Mr. Wilkens's 

motorcycle during that time period? 

A. I did. I was attempting to get an 

accurate pace. 

Q. Okay. And what was your estimate at 

that time? 

A. I never got an accurate pace. I know 

I got to 80 miles per hour and he was still 

pulling away from me. So if I'm going 80, and 

he's going -- increasing the distance, common 

sense tells me he's going in excess of 80. 

Q. Okay. There was a time period where 

he came upon a vehicle that was like a 

dark-colored Honda_ Do you recall that vehicle? 

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We'll watch the video. 

A. Let's watch the video. I don't recall 

if there was a dark-colored Honda. We -- we end 

up passing two cars. 

Q. Okay. 

6 A. A pickup -- or a small pickup truck, I 

7 believe, and then a passenger vehicle. 

8 Q. Do you recall either of those vehicles 

9 making some kind of signal to Mr. Wilkens to go 

10 around them? 

11 A. I wasn't watching the drivers of the 

12 other vehicles at that time, no. 

13 Q Okay. And at the time that 

14 Mr. Wilkens passed the first vehicle, do you 

15 recall whether or not there were any other 

16 vehicles coming toward him or, you know, was 

17 the -- the pass done in a safe manner despite the 

18 fact that it may have been a double yellow? 

19 A. I have difficulty saying it was in a 

20 safe manner when it's in a no-passing zone, so 

21 it's my opinion it was unsafe. 

22 Q Okay. But there was no oncoming 

23 traffic. Correct? 

24 A. That's correct. 

25 Q. And do you recall whether or not the 

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motorcycle slowed before passing the first 

vehicle? 

A. I believe it did. We were also into 

the curves, so I don't know if he slowed to pass 

it or slowed because we were in curves, but he did 

slow. 

Q. Okay. And with the second vehicle, do 

you recall him slowing down quite a bit before 

passing that vehicle? 

A. Yes. 

Would -- would it be accurate to say 

that he slowed down between 45 and 55 miles per 

hour? 

A, I believe that would be accurate, yes. 

Q. And during that time period, were you 

able to close the distance between yourself and 

him? 

A. I was. 

Q. And were you able to read the license 

plate number? 

A. No. 

Q. And why was that? 

A. I don't believe I got close enough to 

read the license plate. And I also believe the 

license plate was kind of canted upwards, which 

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1 would have made it that much more difficult to 

2 read it. 

3 Q. Okay. Were there any issues with the 

4 Camaro's dashboard -- not dashboard -- windshield 

5 in terms of your ability to see the license plate? 

6 A. No. 

7 Q. And did you activate your lights prior 

8 to Mr. Wilkens passing either of those two 

9 vehicles? 

10 A. I'd have to watch the video for sure, 

11 but I believe I activated my lights shortly after 

12 he passed the first pickup truck_ Because I think 

13 I had to turn my lights on to help get the pickup 

14 truck out of my way so I could get around him. 

is Q. Okay. And do you recall when in the 

16 pursuit you then activated your siren? 

17 A. Approximately shortly before or 

18 shortly after going around the second vehicle. 

19 Q. Okay. And the video that we have of 

20 this incident doesn't create doesn't have any 

21 audio. Is that correct? 

22 A. That's correct. 

23 Q. Do you know why? 

24 A. Because the system at that time, for 

25 lack of a better word, was a piece of junk. 

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we have received in discovery is the front camera. 

Is the back camera also filming out the back of 

the vehicle as you're driving down the road? 

A. Yes. 

Q. And so is there back camera footage 

that is available that would be picking up audio? 

A. I believe there would be. 

Q. Okay? 

MR. CAMPBELL: You should have that. 

If you don't, let me know. But we have it. I've 

watched it. 

BY MS. REGAN: 

Q. Okay. And then I'm sorry if I asked 

this. I think that your testimony was that you 

believe you turned the siren on either right 

before or right after Mr. Wilkens passed the 

second vehicle. Is that right? 

A. Yes, ma'am. 

Q. Okay. And what do you -- do you have 

any recollection about that second vehicle? You 

know, was it pulling over? Do you recall a 

description of it? 

A. I don't. 

Q. Okay. And I'm sorry if I asked this, 

but what was your reason for turning on your siren 

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at that particular time period? 

A. It was abundantly clear to me that he 

was attempting to elude me so -- 

Q. Okay. All right. 

A. So I was transitioning from a traffic 

stop into a pursuit of a vehicle. 

Q. Okay. And what was your -- explain to 

me why you believe that he was attempting to elude 

you at that time. 

A. I had had my -- I had had my lights on 

for a little while. He already made one bad pass.' 

He passes another vehicle at a high rate of speed. 

And I believed that was a no-passing zone also. 

And then accelerating away from me at a very high 

rate of speed. 

Q. Okay. And that demonstrated that he 

was eluding you? 

A_ In my eyes, yes., 

Q Did you make any observation of him 

looking at you or turning to look at you as -- in 

your vehicle? 

A. It's my opinion, yes. 

Q. And what -- what did you observe? 

A. I observed what appeared to me glances 

over his left shoulder. 

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Q. Okay_ And I think you testified 

earlier that you have driven a motorcycle while 

wearing a helmet. Correct? 

A. I have. 

Q. Okay. Do you recall ever trying to 

look behind you while driving a motorcycle? 

A. It was 25 years ago. I don't 

remember, ma'am. 

Q. Okay. 

A. If I'm not mistaken, they're trained 

to. I mean, that's what -- you're supposed to 

check your blind spots like anybody else. So 

you've got to check your blind spots, no different 

than checking here versus checking what's right 

behind you. 

Q. Okay. Based on your perception that 

Mr. Wilkens well, let me ask you this. 

Was there anything else that made you 

come to the determination that Mr. Wilkens was 

intentionally eluding you? 

A. Just based on my experience, ma'am. 

Q. Okay. 

A. You've got red and blue lights on, 

I've got a siren on, I've got a motorcycle pulling 

away from me at 100, 110, upwards -- sometimes 

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upwards to 120 miles per hour. 

Q. Okay. Couldn't he have been joyriding 

and enjoying driving fast, and possibly illegally, 

but just driving fast on the curvy country road? 

A. I have no idea what he could have been 

doing. I'm basing that on my observations and my 

training and experience. 

Q. Okay_ 

A. So 

Q. Do you recall making a statement into 

your cell phone along the lines of -- that he knew 

how to ride, and if he had wanted to lose you, he 

could have, something to that effect? 

A. Probably. But -- after the fact 

figured out it was a 1,000 cc motorcycle. And 

based on the riding observations I observed, he 

potentially could have got away, especially if he 

would have got into traffic. 

Q. So the fact that he was driving really 

fast and I think you testified that he appeared to 

know how to ride fast, isn't it likely that if he 

had actually wanted to elude you he would have 

been successful at it? 

A. I don't know, ma'am. I just -- my 

experience chasing motorcycles, sometimes they get 

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away, sometimes they don't. Sometimes, they pull 

over, sometimes they don't. 

Q. Okay. 

A. In this case, I don't know if he could 

have got away. I would like -- based on the 

mention of the phone call, I just made a statement 

that if he wanted to get away, he probably could 

have. 

Q Okay. And when you start to approach 

the T I'm sorry. I forget the crossroad. 

think it's Beltline, isn't it? It's been called 

different words. 

A. We can call it as Highway 126. It,s 

also called Beltline at that location. 

Q. Okay. 

MR. CAMPBELL: Isn't it also called 

11th? West 11th? 

THE WITNESS: West 11th. Yes, it 

is. It's also West 11th. 

MR. CAMPBELL: I love Eugene. 

BY MS. REGAN: 

Q. Yes. Okay. So as that approach is 

happening, do you recall Mr. Wilkens looking in 

his rearview mirror and then making some head 

gesture that in my mind seems to say, oh shit, or 

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shit, or some -- he makes something like this 

after he looks into his rearview mirror. 

(Indicating.) 

Do you recall that? 

MR. CAMPBELL: Shall we turn the 

camera around so you can do that head bob? 

A. I didn't perceive it that way. 

perceived it looked like he was looking left and 

right as if he was getting ready to -- 

BY M.S. REGAN: 

Q. Okay. 

A. -- continue to make a left-hand turn 

or a right-hand turn. Looking for cross-traffic. 

That's how I perceived those head nods. 

Q. Okay. And so did you see him put on 

his blinker, his right blinker? 

A. I don't recall. 

Q Okay. And I believe you -- in one of 

your reports, you said that as he was slowing down 

and in his mind coming to a stop, that part of the 

reason that you struck his motorcycle was because 

you were focused on trying to read his license 

plate. Is that correct? 

A. Yes, ma'am. 

Q. Okay. And were you pretty adrenalized 

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at that time? 

A. I'm not going to tell you I didn't 

have adrenaline. But I wasn't adrenalized. I 

mean, you know, they teach us how to breathe 

through that thing and control it, so I wasn't 

overly amped up by any means. 

Q. Okay. 

A. I was trying -- I was focusing on his 

9 license plate. And, again, the license plate was 

10 kind of tilted up. So I had to get close to it 

11 to, you know, read it out and get it on -- get it 

12 to my dispatch center so they could have that 

13 license plate. 

14 Q. And did you -- and I'm sorry if you 

15 testified already to this, but as you're focusing 

16 on the license plate, you do not notice that he 

17 has a blinker on? 

is A. I did not. 

19 Q. Okay. 

20 A. I was focused on the license plate. 

21 Q. Even though the turn signal would have 

22 been right next to the license plate? 

23 A. I didn't recognize if he had a 

24 license -- a turn signal on or not. I don't 

25 recall. 

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1 A. T have no idea. I really don't. 

2 Q. Okay. Would it be easier to 

3 approximate how many seconds or how many -- how 

4 many minutes you would have been slowing down? 

5 A. As we came down the hill at well over 

6 100 miles per hour, so obviously I had to get on 

7 my brakes fairly early to get some of that speed 

8 scrubbed off, I would -- total ball -- you want a 

9 ballpark estimate? 

10 Q. Your best estimate_ 

11 A. My best estimate. 

12 MR. CAMPBELL: If you don't know, "I 

13 don't know" is a fair answer. 

14 A. Yeah. I don't know. 

15 BY MS. REGAN: 

16 Q. Okay. 

17 A. I really don't. I couldn't tell you. 

18 Qe And I think you just testified, but I 

19 want to make sure, at the time that you were 

20 approaching the stop, I guess your testimony is 

21 that there was a downhill right prior to that - 

22 that intersection or that T. 

23 A. Yes, ma'am. 

24 Q And was your testimony that you -- 

25 you, you're in the Camaro, were going about 

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100 miles an hour or what was your approximate 

speed at that time prior to the stop? 

A. Over 100 miles an hour as we're coming 

down through a slight curve down a hill prior to 

the intersection. 

Q. Okay. And can you describe what you 

were doing as you were approaching the T? And as 

Mr. Wilkens was stopping his motorcycle, are you, 

you know, standing up on the brake at this point, 

is the brake squealing, are you riding the brakes? 

A. I'm on the brakes trying to slow down 

trying to match his speed. I'm on the radio 

telling my location to my dispatch center where 

I'm at. Then once -- once I'm able to get close 

enough I'm fixated on trying to get the license 

plate. That was my number one goal at that point. 

I wanted to get the license plate. 

I had made up my mind prior to this if 

he makes a right-hand turn, I'm going to terminate 

the pursuit, because there was just too much 

traffic, and then that risk-reward thing would 

have came in. So T really wanted to get that 

license plate 

Q. Okay. And the camera in your vehicle 

would have captured the license plate. Correct? 

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You could have reviewed the video footage and 

ascertained the license plate. Is that correct? 

A. If it was working. I didn't know the 

thing was working. 

Q. Okay. So in some of the reports that. 

I've read regarding this incident, there seems to 

be some implication that one theory of why you 

collided with Mr. Wilkens was as a result of brake 

fade. But that wasn't your understanding of why 

the collision happened. Right? 

A. No. That's part of my theory. 

Q. Okay. I thought it was that you were 

really focused on the license plate? 

A. Well, that's a portion of it too. 

Q. Okay. Sc explain to me the portion 

regarding brake fade. 

A. We're fixated on the license plate 

trying to get the -- read out the license plate. 

When I make the mental -- it clicks in my brain 

that he's coming to a stop or stopped, I hammer 

the brake. I slam on the brakes as hard as I can. 

And it doesn't respond as quickly and -- as -- as 

quickly as I would have hoped. And I contributed 

that to the hard driving from the previous five to 

six miles on my brakes, off the brake, on the 

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brake, and the brake fade. 

Q. Okay. Have you ever had a previous 

experience in the Camaro using the brakes in that 

way? 

A. In which way? Where I've experienced 

brake fade? 

Q. As you just described. No. Where you 

are driving fast and I think hammering the brakes 

or hitting the brakes. 

A. Yes. I've had -- I've driven 

Camaros -- other Camaros, not that particular 

Camaro -- where it doesn't matter what the patrol 

car, Crown Vic, Dodge Charger. When you're in a 

pursuit and you're using your brakes a lot, they 

heat up. And when the brakes heat up they lose 

their ability to work as well as a set of cool 

brakes. 

Q. Okay. And is there any mechanism or 

training to ensure that you don't collide with 

another vehicle under those circumstances? How do 

police vehicles overcome brake fade? 

A. Be aware of the situation. Be aware 

of the phenomenon known as brake fade and increase 

your stopping distances. 

Q. Okay. So it's not that the vehicle 

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mechanic -- a mechanic? 

A. Again, I don't know if we -- well, 

ultimately, the vehicle did go to an auto body 

shop to get repaired. .So, yes. 

Q. Okay. Were you aware that the brakes 

had been looked at or adjusted by a mechanic a 

couple of weeks before this incident occurred? 

A. I was not. 

Q. Okay. Did you ever have a mechanic 

tell you or did you ever see a report that 

indicated that there was a problem with the brakes 

on the Camaro? 

A. Not that -- not that I'm aware of, no. 

Q. Okay. Okay, So I think that you 

testified -- or I'm sorry. In one of your 

reports, I think you said that you hit the 

motorcycle at approximately three to five miles an 

hour. Does that sound accurate to you today? 

A. Yes, ma'am. 

Q. Okay. And do you recall did you hit 

the motorcycle straight on? Did -- did it seem 

like you hit the vehicle in the center of your --

your -- of the Camaro? 

A. No. Very apparent from the picture 

hit him on the right headlight area. 

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struck Mr. Wilkens, did you actually feel the 

impact of the hit? 

A. Lightly, yes. 

Q. Okay. Were you watching him and the 

motorcycle at the time that you made impact with 

him? 

A. Yes. 

Q. And so do you -- what do you recall 

seeing in terms of him and the bike going down? 

A. I recall the pushing the bike forward, 

and it appeared that he was attempting to stay 

balanced on the bike, but ultimately fell off the 

bike. 

Q. Okay. And did the motorcycle remain 

running? 

A. I don't recall. 

Q. Okay. And I think you indicated that 

you were concerned that you were actually going to 

run over him because of the direction -- he fell 

in the path of your vehicle, Is that right? 

A. He did. 

Q. And do you recall how close you were 

to actually hitting him with the wheels of the 

vehicle? 

A. Yeah. It wasn't nearly as close as it 

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appeared, based on me sitting, and the hood, and 

me losing sight of him. But 10 -- you know, 

15 feet in front of my patrol vehicle. 

Q_ Okay. 

A. Would be an estimation. 

Q. Okay. And then what do you recall 

happening after he fell to the ground? 

A. I exited my vehicle as quickly as 

possible, drew my sidearm. 

Q. And why did you draw your sidearm at 

that time? 

A. Because this was a high-risk stop. 

Q. You had just knocked him off of his 

bike. What were -- what were -- what was the 

concern for your safety at that time? 

A. It's unknown.. He's -- he's -- in my 

opinion, he's demonstrated an extreme attempt to 

elude my -- elude me. Why he's eluding me, I 

don't know. Maybe he didn't just rob the bank in 

Mapleton, but maybe he just committed a robbery. 

Maybe the bike is stolen. Maybe he's a drug 

dealer. Maybe he's high on methamphetamine 

Maybe -- there's multiple reasons why people run 

from the police so - 

Q. But didn't he just stop on his own 

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volition prior to you colliding with him? 

MR. CAMPBELL: Objection. 

Argumentative. You can answer. 

BY MS. REGAN: 

Q. You can answer. 

A. Sorry. He did. 

Q. Okay. And -- and you've just knocked 

him to the ground after colliding with his 

motorcycle and he is on the ground. So under 

those circumstances, what would be the serious 

safety threat to you? He hasn't pulled a weapon. 

He hasn't taken an aggressive stance. What was 

your rationale for pulling your weapon on him at 

that time? 

MR. CAMPBELL: Object to the form of 

the question. You can answer if you can. 

A. He was a threat to me. He's a threat, 

because he's attempted to elude me over the course 

of five miles that -- at well over 100 miles per 

hour so -- 

BY MS. REGAN: 

Q. And now he's stopped? 

A. So, in my opinion, obviously he's done 

some type of criminal activity, which he's trying 

to avoid me, let alone he's committed the class C 

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felony of attempt to elude a police officer. So 

can't take the risk of hoping he gets up and gives 

me, a hug. 

I don't know why he running, but my 

experience where -- people run because they're 

afraid of going to jail or being incarcerated. 

So, my opinion, he's running for a reason. 

don't know that reason. 

Q. Weren't you concerned that you had 

injured him in the collision? 

A. Sure, I was. 

Q. And so he stands up on his own. 

Correct? 

A. Yes, ma'am. 

Q. And he holds his hands like this, 

Right? He's showing you his hands. Correct? 

(Indicating.) 

A. Correct. 

Q. And did you take that as any kind of 

violent gesture? 

A. I did not. 

Q. Okay. And you, I guess -- I mean, 

you're welcome to testify to this too, but I guess 

at some point you're telling him to get down on 

the ground. Is that right? 

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A. Multiple times,-yes. 

Q, And why were you asking him to get 

down on the ground? 

A. That's my way of keeping myself, him, 

and the surrounding people safe. I want to get 

him on, the ground in a pair of handcuffs as 

quickly as possible. 

Q. And would you agree that you had some 

adrenaline coursing through your body at this 

time? 

A A heightened level of awareness, 

little bit of adrenaline. I'm not going to say I 

don't have any, but yes. I was -- my awareness 

level was definitely increased. 

Q. Okay. And then on the video, it shows 

him starting to go down on the ground when you 

appear to kick him in the sternum. Would you 

agree that that is what the video illustrates? 

A. Yes. 

Q. And so why were you -- why did you 

deploy the kick as he was complying with your 

request? 

A. At the time that I had formulated the 

mental plan to take a step forward and to deliver 

a front push kick, it takes anywhere from a second 

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to a second and a half to make the determination, 

get the neurons going to get the body in motion, 

and at that time is when he begins to lower 

himself, and I had already put that motion into 

action. 

Q. Did you hear him say anything to you 

prior to you delivering the kick? 

A_ I did not. 

Q. Were you aware that -- I mean, 

assume you were aware that he was wearing a 

motorcycle helmet_ Correct? 

A. Full-faced, yes. 

Q. And would you agree that his hearing 

is going to be limited as a result of the helmet? 

A. I would sure like to think if he's 

standing from me to the door and I'm yelling at 

him, he would -- and he's got a state trooper with 

a gun pointed at him pointing to the ground and 

yelling at him, he would comply. 

Q. Okay. And, in fact, he was complying 

at the time that you kicked him. Correct? 

A. He was beginning to at the time the 

kick was delivered, yes. 

Q. Okay. And then after you kick him, he 

does get down on the ground. Correct? He 

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complies with your requests and he gets down on 

the ground. Right? 

A. Partially, yes. 

Q . Why do you say partially? 

A. He didn't go all the way down onto his 

belly. He was on his knees and on his forearms. 

Q. Okay. 

A. He wasn't -- his belly wasn't all the 

way on the ground. 

Q And was that because of the gear that 

he had on? 

A. I wouldn't think. So I wouldn't think 

the riding jacket and blue jeans would affect his 

ability to lay on the ground. 

Q. Okay. And once he is down on the 

ground, the video camera no longer captures video. 

Correct? 

A. No. It continues to capture video. 

Q. But you can't see what -- what 

Mr. Wilkens is doing on the ground from the angle 

of the video camera. Right? 

A. It's obscured from the vehicle, but 

the video was still running. 

Q. Okay. And does your uniform -- well, 

your uniform at that time, did you have audio? 

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Like are you able to be -- are you picking up from 

radio? You know, is your radio able to capture 

audio? 

A. No, ma'am. 

Okay. And is that because you're --

you did not have a radio on your uniform at that 

time? 

A. A radio or a mic for the camera? 

Q. A mic. Yeah. 

A. I did not have a mic. 

Q. Okay. 

A. Again, I didn't even think the camera 

system worked. 

Q_ Okay. Once Mr. Wilkens is down on the 

ground, what do you do next? 

A. Yell at him to put his hands behind 

his back. Retrieve his right arm. Struggle with 

his protective riding gloves and jacket in 

attempts to get him handcuffed. 

Q. Okay. And do you utilize your knee in 

his back at some point? 

A. 1 put my weight on his back. Yes, 

ma'am. 

Q. And did you put some knee -- the video 

sort of depicts you bouncing up and down a little 

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bit on him. Are you using your knee to push his 

body further into the ground? 

A. Very initial -- 

MR. CAMPBELL: I object to the form 

of the question. I don't think the video shows 

that but - 

(Reporter inquiry.) 

MR. CAMPBELL: I don't think the 

video shows that. You can answer. 

A. Yeah. When I first make contact with 

him, I grab his -- his right arm. I do. I put 

both my knees in the middle of his back or on the 

right side of his back to help shove him the rest 

of the way onto the ground. Then I begin to 

struggle with the gloves and the riding gear to 

get him handcuffed. 

BY MS. REGAN: 

O. Okay. And did you perceive him as 

resisting your efforts to handcuff him? 

A. No. 

Q • Okay. Why didn't you just remove the 

gloves before handcuffing him? 

A. I did. 

Q. Okay_ So when you say you struggled 

to handcuff him, what do you mean by that? 

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'1 A. The right hand, I believe, if you 

2 watch the video, I -- I sit there in this position 

3 with my knees on his back. You can't see him, but 

4 my knees are on his back. I'm on -- most of my 

5 weight is on the balls of my feet and I am taking 

6 his gloves off. 

7 Q. Okay. 

8 A. Off his right hand. 

9 Q. Okay. 

10 A. Then I'm able to get a handcuff on his 

11 right wrist. Then I believe somehow I'm either 

12 able to pull his jacket sleeve up and I'm able to 

13 get him handcuffed with his left hand still 

14 with his glove on. 

15 Q. Okay. And would you agree that you 

16 apply the handcuffs in a manner that did not allow 

17 for a pinkie distance between his skin and the 

18 cuffs? Did you apply the handcuffs tightly? 

19 A. I applied my handcuffs as I've been 

20 trained. 

21 Q. Okay. 

22 A. They I did not cinch those 

23 handcuffs down any tighter than anybody else. 

24 Q. Okay. And then at some point you 

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armpits, I believe. Is that right? 

A. I read him his Miranda rights and 

decided to stand him up. Told him to extend his 

right leg out. Bring his left leg into the 

into the inner thigh of his right leg. Then I 

helped the forward upward motion with his left 

arm, helped him to his feet. 

Q. So where were your arm -- where were 

your hands located on his body as you were 

assisting him to his feet? 

A. I would imagine one in the midback and 

probably one under his arm. 

Q. Okay. And do you recall how much 

effort you needed in order to assist him to his 

feet? Was he deadweight or was he -- 

A. Oh, absolutely not. 

Q. -- on his own getting up? 

A. The purpose for having them put their 

right leg out and bringing their left leg in, it Is 

more of a push onto their knee, and then they're 

able to help stand themselves. up. 

Q. Okay. And when he is laying on the 

ground -- well, let me ask you this. 

How long is he laying on the ground 

before you assist him to his feet? 

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A. I would have to watch the video, but 

an estimation, a few minutes. 

Q. Okay. And from the time you handcuff 

him -- and we'll watch the video in a minute - 

but you leave the video vantage point for several 

minutes. What are you doing during that time 

period? 

A. I'm telling my dispatch center that I 

was just involved in a crash. Telling my dispatch 

center that I'm code 4. I've got one detained. 

Q. Tell me what code 4 means. 

A. Everything's okay. 

Q. Okay. 

A. I'm safe. Suspect is safe. 

Everybody's okay. Asking -- telling other units 

where I'm at. Other responding units that are 

coming to try to assist, telling them where I'm 

at. And asking for sheriff's office to come and, 

you know, investigate things. 

Q. Okay. And did you make the decision 

on your own to ask Lane County sheriff to do an 

outside investigation? 

A. I did. 

Q. Okay. So your supervisor did not 

instruct you to do that? 

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A. No. I did that on my own. 

2 Q. Okay. And why did you leave, if there 

is a reason -- why did his helmet remain on his 

4 head during this time -- this entire time period? 

5 A. Don't know. 

6 Q. Okay. 

7 A. What entire time period? Eventually 

it was taken off_ So what does -- 

9 Q. By Lane County Sheriff's officers, 

10 though. Right? 

11 Why -- I guess is there any reason why 

12 you didn't remove his helmet? 

13 A. No. I lifted his face mask for him 

14 and don't know why I left his helmet on, 

15 Q. Okay. Are you trained to kick people 

16 when you have your gun drawn? 

17 A. Yes. 

18 Q. Okay. And what was the purpose of 

19 utilizing the kick? 

20 A. In this incident? 

21 Q. Yes. 

22 A. So -- excuse me. It wasn't -- at that 

23 point in time he was not complying with my verbal 

24 commands. He wasn't complying with the -- having 

25 a firearm pointed at him He wasn't complying 

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with me in uniform and my -- my presence. He 

wasn't complying with the -- you know, the hand 

gestures of, you know, pointing, telling him to 

get on the ground_ 

So I -- my next level available to me 

in the force continuum was strikes and kicks. I 

didn't feel comfortable going hands-on with him, 

putting my gun away and trying to grab him based 

on full-faced helmet, protective riding gear, and 

he's a larger -- he's a large man. 

My next step would have been pepper 

spray. It would have been ineffective. He had a 

full-face helmet on. 

My next step would have been a Taser 

if I had one. I didn't have a Taser at that time. 

I wasn't issued one. 

So the next step in available steps to 

me would be strikes or kicks. I wasn't going to 

punch him. That would mean getting too close 

where he could grab me and, you know, potentially 

harm me. 

So the next step, in my opinion, at 

that time available to me was a front push-kick to 

snap him into listening and following my commands. 

Q, And were you aiming for his 

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sternum/chest area? 

A. I was aiming for his midsection. 

Q. Okay. And was that what you have been 

trained to do with regard to that strike? 

A. Yes. 

Q. Okay. How many seconds do you think 

you were telling Mr. Wilkens to get on the ground 

before he began to comply? 

A. Approximately six. Five, six seconds. 

Q. And did you think that that was an 

unreasonable delay? 

A. Not from my experience. 

Q. Okay. Just to repeat my question. Do 

you think that six seconds was too long for him to 

be complying with your request? 

A. I did, yes. 

Q. And did you take into consideration 

that you had just knocked him to the ground from a 

rear collision, that may have confused him? 

A. I really didn't take that into 

consideration. He jumped up. He's standing 

there. I'm yelling verbal commands and he 

wouldn't get down. So I really didn't take the 

fact that he got knocked off his bike into 

account. 

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recall? 

A. I don't recall who showed up first. 

Q. Okay. There was the Lane County 

sheriff officers, Holiman and Ware. Correct? 

A. Correct. 

Q. And then I think you mentioned there 

was an OSP Fish & Wildlife person. 

A. Trooper Ed Imholt. 

Q. Imholt. And then I think you 

mentioned there was one other OSP. 

A. Senior Trooper Gale Kotchell. 

Q. Okay. And you don't recall in what 

order they arrived? 

A. I don't. 

Q. Okay. Do you -- and I believe your 

testimony was that you had radioed for backup or 

for assistance at some point prior to the 

collision. Is that right? Or were they 

responding base -- 

A. They were responding to the pursuit. 

You don't have to ask for backup. Based on the 

radio traffic -- when I'm on the radio saying I'm 

in pursuit of a motorcycle. We're here, we're 

there, we're at these speeds. Everybody's coming 

to try to help. 

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Q. Okay. So it wasn't in response to 

your use of the radio after Mr. Wilkens is on the 

ground? They're not responding -- you mentioned 

that you go back to the vehicle and you're, you 

know, saying code 4 and all of that. 

A. Right. 

Q. They're not responding in response to 

that radio traffic. They were responding while 

you were in pursuit? 

A. That's correct. 

Q. Okay. Do you recall which of those 

officers you spoke to first about what took place? 

A. I don't. I do know I gave a statement 

to Deputy Ware, but I don't know if I talked to 

Deputy Hallman prior to that or not. 

Q. Okay. Why did you have the Lane 

County sheriff officers issue the citations to 

Mr. Wilkens? Why didn't you just issue them? 

A. I asked them to take over the full -- 

since there was a crash, I asked them to take over 

the investigation from that point forward. 

Q. And is there a policy or a training 

protocol? 

A. It's just best practice. If 

Springfield PD crashes, we -- we investigate them. 

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video is at this point you have both knees in his 

back and you are removing one of his gloves. Is 

that correct? 

A. Yes, ma'am. 

Q. And at this point are you saying 

something along the lines of, you saw me or 

something to that effect? 

A. Not yet. 

Q. At this point has he said anything 

like, "1 didn't know you were a cop," or, "I 

didn't know you were a police officer," or 

something along those lines? 

A. I don't recall any verbalization 

between the two of us at that point in time. 

Q. Okay. And these jerking motions, 

what -- what is going on here that we can't see on 

the camera? 

A. I'm trying to pull his gloves off and 

move his sleeves up. 

Q. Okay. 

A. That's a glove. I just finally got it 

off. 

Q. Okay. Would you agree that your kick 

landed on or about his collarbone/right shoulder 

area? 

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A. No. 

Q. Where do you believe that your kick 

landed? 

A. I believe my kick landed in the upper 

chest, and actually probably scraped the bottom of 

his helmet near his chin. 

Q. Did you feel your boot catch his chin? 

A. No. 

Q. That's about as close as I've been 

able to get with the stop. So -- so are you using 

the ball of your foot or the flat of your foot? 

A. The flat. 

Q. Okay. 

A. It's a push kick. 

Q. And is your foot turned sideways? 

A. No, ma'am. 

Q. It's turned vertically up and your 

toes are at the top and your heel is at the 

bottom? 

A. That's correct. Vertically. 

Q. Okay. And -- and you don't believe 

that the impact -- that your foot makes contact 

with his collarbone? 

A. I do not. It appears that it's the 

middle of his chest and at the bottom of his chin. 

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seconds," which basically is a continuation of the 

prior video. 

And during this time period, I believe 

you testified that you are making cell phone calls 

to dispatch and I think you said your supervisor. 

A. Just radio -- 

Q. Okay. 

A. -- right now. 

Q. Just radio calls? 

A. I haven't called my supervisor yet. 

Q. Okay. So right now you're just making 

radio calls saying code 4? 

A. Where I'm at. Shutting my siren off. 

Q. You haven't asked him yet if he's been 

injured in the collision or anything like that. 

Correct? 

A. I don't believe so. Not yet. 

Q. So do you recall what you're saying to 

Mr. Wilkens at this time? 

A. I'm informing him of his -- of his 

Miranda rights. 

Q. And what's his response to you reading 

his Miranda rights? 

A. Asked him if he understood. And if I 

recall right, he said, "Yeah." 

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Q. Now, do you recall what -- is there 

anything else that you're saying, or is this still 

all the rights? 

A. I asked him if he's okay. Does he 

need medics. Stuff like that. Starting my -- 

Q. What else? 

A. Starting my interrogation on, "Why are 

you running? Why are you running from me?" 

I look at the -- he says basically, "I 

didn't know you were a cop." 

I was pointing out all my red and blue 

lights, saying, "How could you not know I'm a 

cop?" 

Q. Okay. What was his answer to whether 

he needed medics or whether he was injured? 

A. At that time he said he did not need 

medics. He was just a bit shaken up. 

Q. Okay. Would you agree that it is a 

very clear, sunny day? 

A. Yeah. It was a nice day. 

Q. And are you -- do you recall whether 

you are driving into the sun or away from the sun? 

Do you remember what direction this road is 

A. The majority of that road runs 

northbound, so the sun would be one o'clock, 

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pretty much overhead. 

Q. Now, at this time does he tell you 

that he thought you were the Honda that he had 

passed? 

A. At some point in time, he does. I 

don't recall if it's at this point in time or when 

we continue our conversation while he's sitting on 

the hood of the car. 

Q. Okay. 

A. But that does take place. 

Q. And he -- do you recall him telling 

you that he thought that the car was wanting to 

race him and so he was trying to put some distance 

between him and that -- and what he thought was 

that car wanting to race, something to that 

effect? 

A. Something to that effect. That he 

passed, a Honda car near the high school, which 

would be approximately milepost 1, and that they 

were racing or something to that effect. 

Q. Okay. Would you agree that your 

unmarked vehicle is of similar color to that Honda 

that he passed? 

A. I've never seen the Honda that he 

passed. He says it was gray. If it was gray, it 

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fractured that, and some paint transfer. 

Q. Do you know what part of the 

motorcycle caused that damage? 

A. I'm assuming the back tire and the 

back fender portion that I impacted. 

Q. And did you see damage done to the 

motorcycle? 

A. Yes. 

Q. And how would you describe that? 

A. Some scratches on the left side, the 

side it fell onto. The license plate was torn 

from the vehicle. That's about it, that I can 

recall. 

Q. Okay. And so you are out of the frame 

right now. Do you recall what you're doing? 

A. Picking up his motorcycle. 

Q. Okay. And why are you doing that? 

A. The right thing to do. It's not good 

for them to lay on their side like that. And 

trying to take care of his -- his stuff. 

Q Do you recall when you picked it up, 

was it still running? 

A. I don't recall. 

You don't recall. Do you -- would it 

be important to leave the motorcycle where it was 

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for the crash investigation? 

A. I guess I weighed the options of 

taking care of his stuff versus leaving his 

motorcycle on the side where it can continue to be 

damaged. I chose to take -- I'd take care of his 

property. 

Q. And what was your understanding of the 

damage that could be perpetuated if it was left on 

its side? 

A. Just my understanding it's not good 

for a -- it's not good for motors like that to 

continue to run if it is running in a situation 

like that on its side. 

Q. Okay. So is it your testimony that 

the concern regarding continued damage was to the 

motor because it was running and on its side or is 

there some kind of damage that you're aware of 

that would occur if the motor was off and it's 

just on its side? 

A. I don't recall if the motor was 

running. T -- it could have been. I don't recall 

if it was or wasn't. I'm trying to take care of 

that man's equipment. Trying to take care of his 

bike. 

Q Okay. So whether the motor was, on or 

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not, it was your understanding that damage would 

be done to the bike by it being on its side? 

A. It's my understanding it's not good 

for them. 

Q. All right. I think that's probably 

all for the video I need. 

The fan will turn off automatically in 

a second. 

THE REPORTER: Thanks. 

BY MS. REGAN: 

Q. From the time that Mr. Wilkens is 

knocked off the motorcycle to the time that you 

place handcuffs on him, you can see his hands at 

all times. Is that correct? He makes his hands 

visible to you at all times? 

A. Well, technically, no. He's laying -- 

he's on his belly. His hands are here. Until 

they're behind his back is when I can see them 

completely at all times. 

Q. Okay. So Lane County Sheriff's 

Office, Deputy Ware, issues the citations to 

Mr. Wilkens, but you would still be the witness if 

the case had gone to trial. I don't know if 

you're technically called the complainant in that 

situation. Do you know? 

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mention that we provided her a report to review 

2 during the course of this incident. 

3 Q. Okay. Do you remember was this in 

4 close time to the incident or recently? 

5 A. Way close time. So whenever -- 

6 whenever the review was completed. 

7 Q. Uh-huh. 

8 A. It would have been shortly thereafter. 

9 QP Okay. At the time that Mr. Wilkens 

10 passed the Camaro that you were driving, do you 

11 recall whether or not that was just north of 

12 Erickson Road? 

13 A. Just north? I would have to look at 

14 the video. It was either just north of it, just 

15 south of it, right in that area. 

16 Q. Okay. 

17 A. I don't recall exactly where on 

18 Coburg.-- correction, Crow Road that he passed me. 

19 Q. Okay. 

20 A. Without reviewing some reports. 

21 Q. Were you aware of the reputation that 

22 Crow Road has for motorcycle riding or racing, 

23 anything along those lines? 

24 A. No. 

25 Q. Okay. 

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that in the bright lights -- or the bright 

sunshine -- you know, look at these photos -- if 

someone has a single rearview mirror, and they're 

driving a motorcycle, so they're very focused on 

the road in front of them, isn't it possible that 

these lights on an unmarked Camaro, which is a 

pretty unusual unmarked police car, isn't it 

possible that at -- at least it's a reasonable 

assumption, that a person would not see those 

lights? I mean, they seem pretty bleached out 

even in this photo. 

A. If I was trying to stop him for 

80 miles an hour, and he continued at 75, 80 miles 

an hour while I was behind him, I could understand 

that. But when I got my red and blue lights on 

and the siren going and we drastically increase 

our speed, my opinion, based on those 

circumstances, and we're passing cars in 

no-passing zones, that's an attempt to elude. 

So I think, my opinion, he knew I was 

a police officer and he knew I was trying to catch 

him_ 

Q. Then why would he then put on his 

blinker and voluntarily pull over and stop? 

A. I have no idea. Maybe he decided it 

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wasn't worth the risk. We're getting into heavy 

traffic and it wasn't worth crashing into somebody 

and hurting himself or hurting somebody else. 

It's not the first person that's done that. 

Q. But didn't you even say yourself that 

if he had wanted to elude, he would have been able 

to? 

A. I don't remember my exact wording, but 

based on the 1,000 cc sports bike he was riding 

and the demonstrated ability to ride, he 

potentially could have. 

Q. Very likely could have? 

A. I don't know. Potentially. Very 

likely. Possibly. 

MS. REGAN: Let me just confer with 

my client for a second and we might be done. 

(Recess: 3:57 p.m. to 4:01 p.m.) 

MS. REGAN: All right. We're back 

on the record at about a minute before four p.m. 

And plaintiffs have concluded their questioning of 

Captain Edwards, and Captain Edwards would like to 

clarify an answer he gave to one of my earlier 

questions. 

THE WITNESS: Yes, ma'am. Sa you 

asked why he would -- if he was actively eluding, 

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then why would he pull over to the side, use his 

turn signal and actually stop. I can tell you 

from my experience that's not uncommon for people 

to stop in an attempt to gain time and distance. 

They'll stop. The trooper will get 

out of their car. Walk up. And then they'll take 

off again_ 

They'll also -- very commonly 

they'll stop and then immediately flee on foot. 

They'll stop in a neighborhood and flee on foot 

into a neighborhood. 

So you asked why would he do that. 

I don't know what his intentions are. I don't 

know if he was turning his turn signal on to make 

it look like he's pulling over so then I'd let my 

guard down to approach him, or he takes off again, 

or, you know, if he's going to flee on foot or if 

he's going to turn around and attack me, if that 

makes sense. 

BY MS. REGAN: 

Q. Well, I guess the reason it doesn't 

make sense is -- is your training and experience, 

has that taught you to always think the worst of 

every citizen that you're encountering? 

A. While I'm in high-speed pursuit, yes. 

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Q. Okay. So you believe that anyone that 

is speeding at a high rate of speed is a dangerous 

person? 

A. You're not getting the point. 

High-speed pursuit. It I get a speeder at 

100 miles an hour, and I catch up to him and turn 

my lights on, and I pull him over immediately, 

yeah, I'm going to be obviously cautious with him. 

But I'm not automatically thinking that they're, 

you know, driving a stolen car or high on meth. 

Q. Uh-huh. 

A. Or doing something crazy. 

When I'm chasing somebody in a pursuit 

over the course of multiple miles at 110, 

115 miles an hour, that, to me -- in my 

experience -- the only people that do that in my 

experience are people that have committed some 

type of crime and they're fleeing me to get away 

to avoid incarceration. 

Q. So did this incident change your 

experience? 

A. I don't know that. I -- he wasn't 

wanted. He didn't appear to be high. And the 

bike wasn't stolen. But I don't know his 

intentions for running from me. 

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State of Oregon 

SS. 

County of Lane 

I, Jan R. Duiven, CSR, FCRR, CCP, a 

Certified Shorthand Reporter for the State of 

Oregon, certify that the witness was sworn and the 

transcript is a true record of the testimony given 

by the witness; that at said time and place I 

reported all testimony and other oral proceedings 

in the matter; that the foregoing transcript 

consisting of 232 pages, contains a full, true and 

correct transcript of the proceedings reported by 

me to the best of my ability on said date. 

If any of the parties or the witness 

requested review of the transcript at the time of 

the proceedings, correction pages have been 

inserted. 

IN WITNESS WHEREOF, I have set my 

hand and CSR seal this 13th day of May, 2015, in 

the City of Eugene, County of Lane, State of 

Oregon. 

Jan R. Duiven, CSR, FCRR, CCP 

CSR No. 96-0327 

Expiration Date: September 30, 2017 

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Justin Wilkens 

Wilkens v Edwards and State of Oregon 

April 15th, 2015 

ORIGiNAL 

"Vp 

VIDEOCONFERENCING 

REPORTING 

4giO 

CC REPORTING AND VIDEOCONFERENCING 

172 East 8th Ave 

Eugene, OR 97401 

541-485-0111 

www.ccreporting.com 

EXHIBIT B, Page 1 of 9

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 83 of 117
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

JUSTIN WILKENS, ) 

) 

Plaintiff, ) 

) 

v. ) No. 14-CV-00907 

) 

ROBERT EDWARDS, in his 

individual capacity; 

) 

THE STATE OF OREGON; ) 

) 

Defendants. ) 

DEPOSITION OF JUSTIN WILKENS 

April 15, 2015 

Wednesday 

9:08 A.M. 

THE DEPOSITION OF JUSTIN WILKENS, was 

taken at the Department of Justice, 

975 Oak Street, Suite 200, Eugene, Oregon, before 

Jan R. Duiven, CSR, FCRR, CCP, Certified Shorthand 

Reporter in and for the State of Oregon. 

Justin Wilkens 

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jUstin Wilkens 

2 

APPEARANCES 

For the Plaintiff: 

MS. LAUREN C. REGAN 

259 E. 5th Avenue, Suite 300-A 

Eugene, Oregon 97401 

541/687-9180 

lreganejusticelaworegon.com 

For the Defendants: 

DEPARTMENT OF JUSTICE 

Trial Division 

1162 Court Street NE 

Salem, Oregon 97301 

503/947-4700 

BY: MS. HEATHER J. VAN METER 

heather.j.vanmeter@cloj.state.or.ns 

Also Present: 

MS. HAYLEY PERCY 

MS. LOREE FOGLEMAN 

Reported by: 

JAN R. DUIVEN, CSR, FCRR, CCP 

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was no cars coming. The second car -- the third 

car I passed, I thought that car had car problems 

or they wanted to follow me. They were going well 

below the posted speed limit. 

And they were waving me forward, like 

anyone would do if their car is stalled or 

coasting and they don't have control of their 

vehicle, telling me to go past them, just like 

anybody else on that road does. If they're 

driving a tractor. If they're - 

MS. VAN METER: Can you read my 

question back, please? 

(The question was read back 

as follows:) 

"QUESTION: The vehicles that you 

passed on August 3rd, 2012, on Crow Road, 

was it all in places where it was legal to 

pass?" 

BY MS. VAN METER: 

Q. Yes or no, Mr. Wilkens. 

A. All the vehicles? I passed one car on 

a yellow line. I guess -- 

Q. On a double yellow line. Correct? 

A. That -- I believe it was a double 

yellow line, but I could see far ahead before 

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entering that first corner when I passed the 

Camaro. 

As I said, I've driven that road many, 

many, many, many, many times, And it was a 

beautiful day. I had clear visibility. 

MS. VAN METER: Counsel, I'm trying 

to finish up. It's getting -- 

MS_ REGAN: Well, yeah. I mean, 

we've been at it for hours and he, you know, is on 

medication for exactly this reason. So it's not 

surprising to me that he's starting to fade. 

MS. VAN METER: Okay. 

MS. REGAN: Do you want to take 

another break? 

THE WITNESS: No. Just -- like I 

want to move through this. I'm just trying to 

like - 

MS. VAN METER: If Mr. Wilkens is .

starting to fade, I'm then concerned that if he's 

supposed to be on medication, and he's not taking 

the medication, and he's starting to fade, that 

I'm going to have a problem with this being either 

completed or being a valid, deposition. So do we 

need to take a break and depose him another day? 

THE WITNESS: I don't need a break. 

1 

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A. They have Velcro straps on them. 

Q. And were those Velcro straps tightened 

down? 

A. Of course. 

Q. Did you have a full helmet on? 

A. Yes. 

Q. And a full-face shield? 

A. Yelp_ 

Q - And the face shield is dark tinted? 

A. 1 can't remember. There's -- you 

can -- they're interchangeable. 

Q. Have you seen the video of the pursuit 

on August 3rd, 2012? 

A. Yes. 

Q. How many times? 

A. Probably at least five to ten. 

Q. When was the last time you saw it? 

A. Last week. 

Q. Do you. agree when you have your 

jacket, your gloves, your helmet, and the 

full-face shield down, that a person cannot tell 

who you are or what you look like or what you're 

doing? 

A. You mean somebody else in a vehicle? 

Q. Yeah. 

ccreporting.com541-485-0111 

EXHIBIT B, Page 6 of 9

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 88 of 117
I I • 

Justin Wilkens 

164 

dimensions off the top of my head, but -- 

Q. What's your best estimate of the 

dimensions? 

A. Hmm. I'd guess 7, 8 inches wide by 

4 to 5 inches tall. (Indicating.) 

Q. That's a different size than on cars? 

A. Yeah. 

Q. It's smaller? 

A. Yeah. The motorcycle's smaller. 

Q. At the time Captain Edwards pulled you 

over, was there any way for him to know whether 

you were a convicted felon or a bank robber? 

A. No. 

Q. Would you agree that if a police 

officer is pulling somebody over, and they don't 

know if the person is armed or dangerous or why 

they may have been driving and passing a double 

yellow line, and not pulling over for a police 

officer, that a police officer should be cautious 

in that circumstance? 

A. I think police officers always have to 

be cautious_ But they also have to have control 

of their vehicle too. 

Q. Do you think Captain Edwards did wrong 

on August 3rd, 2012? 

ocreporting.com541-485-0111 

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EXHIBIT B, Page 7 of 9

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 89 of 117
Justin Wilkens 

184 

Q. Did you -- did you have a valid 

license at the time? 

A. Yes. 

Q. But no insurance? 

A. No. 

Q. You agree you didn't have any 

insurance? 

A. I did not have insurance. 

Q. Has any doctor told you you need 

future treatment for your shoulder? 

A. I inquired with Dr. Boespflug about 

it, and he set up an appointment for me to go to 

Slocum, but I couldn't afford to go. I asked him 

if the potential of having prolonged problems down 

the road was a potential and he couldn't answer 

that. 

Q. He didn't know one way or the other? 

A. He wasn't a specialist. 

Q. What vehicle are you driving 

currently? 

A. It's an old Chevy pickup. 

Q. What year? 

A. 2001. 

Q. Row long have you had it? 

A. Probably since 2003. 

ccreporting.com541-485-0111 

EXHIBIT B, Page 8 of 9

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 90 of 117
1 

2 

3 

4 

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Justin Wilkens 

196 

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State of Oregon 

55. 

County of Lane 

I, Jan R. Duiven, CSR, FCRR, CCP, a 

Certified Shorthand Reporter for the State of 

Oregon, certify that the witness was sworn and the 

transcript is a true record of the testimony given 

by the witness; that at said time and place I 

reported all testimony and other oral proceedings 

in the matter; that the foregoing transcript 

consisting of 195 pages, contains a full, true and 

correct transcript of the proceedings reported by 

me to the best of my ability on said date. 

If any of the parties or the witness 

requested review of the transcript at the time of 

the proceedings, correction pages have been 

inserted. 

IN WITNESS WHEREOF, I have set my 

hand and CSR seal this 20th day of April, 2015, in 

the City of Eugene, County of Lane, State of 

Oregon. 

Jan R. Duiven, CSR, FCRR, CCP 

CSR No. 96-0327 

Expiration Date: September 30, 2017 

ccreporting.com541-485-0111 

EXHIBIT B, Page 9 of 9

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 91 of 117
ci 

Ci 

RECORD AND: U CIRCUIT COURT REGISTER D JUSTICE COURT DOCKET co 

: PO 

HANDLED BYt 

BASED ON: 

DATE 

ID VIOLATIONS BUREAU 

❑ WRITTEN SUBMISSION 

EVENT/NOTES INITIAL 

I: COURT 

0 APPEARANCE 

1111 (0 WAIVED) 

ATTORNEY: IDER#: (0 WAIVED) 

STATE OF OREGON 

CITY/OTHER PUBLIC BODY: EUGENE 

COUNTY OF: LANE COUNTY 

Case No.: 12-5393 

Court: LANE CD CIRCUIT COURT 

OREGON UNIFORM CITATION AND COMPLAINT 

Use for All Violations or Crimes Where Separate Complaint Wit Not be Q n 

Filed/CRS 152.045 or 133,059 17) 

C7 F4 

to G 

0 

State:oR Ph.: 

MI: MICHAEL 

ID Type: ID No:9105112 

Name: Last:WILKENS 

First:JUSTIN 

Address; 25425 WOLF CREEK RD 

Offense #: 

Warning: E] 

Presumptive Fine2: 

Intentional: 

Criminal Negligence: 

Offense #: 

Warning: LI 

Presumptive Fine3: 

Intentional: 

Criminal Negligence: 

KnoWing: Li Reckless: 

No Culpable Mental Stale: 

Knowing:El Reckless: 

No Culpable -Monte! State: 

1 G NG NC FTA G NG A DISM 

2 G NG NG rA 

DEFENDANT The undersigned certifies and says that the following person/ 

City: EUGENE Slate:ON Zip:87495 Passenger.0 

Sex: M Race: W DOE: 03114/1974 Hot.: 6'1" Wgi rale Hair. BRO 

Eyes: BRO Lie, Exp.:2014 Juv.: ❑ Lio_Class: c Ernp.to Dtive:11 

TIME/PLACE 

At the following time and piece in the above-rnernloned state and county: 

RegisNinlID#; M654339 State:OR 

Accident: ❑ Prop. Damage: [7] Injufy:171 Endanger. Other: ❑ 

Com'i Veit ❑ Haz Mat: 17] Driver Not Reg. Owner: r] 

Other: Coe Pass: El 

OFFENSE(S) Did then and there commit the fallowing offense(s): 

HWI' Work Zone: E schoolZone:0 VER;11 Safety Corridor: u 

Radar D Pace: D Laser. n Other: ❑ 

Alleged Speed: Designated Speed: Posted UrnIt: ❑ 

Offense #: B11,540 

TO ELUDEFLEE!NG (VEHICLE) 

Warning: Ei 

Presumptive Fire: MUST APPEAR 

intentional; Knowing:c=j Reckless:

Criminal Negligence: No Culpab e Mental State: 

OTHER 

SIGNATURE 

I certify under ORS 153,045 and 153.950 and tinder ether applicable law and under 

penalties for false swearing, do swear/affirm that I hate sufficient grounds to and do 

believe that the above-mentioned defendant/person committed he above offense(s) 

and I have served the defendant/person with this complaint 

-Signature of Officer. sir 

Officer name1 IVA WARE Officer 10: 32127 

Officer name2:- Officer ID; 

Agency Name:LANE COUNTY SHERIFFS OFFICE 

Issue Date:06/0312012 • 

YOUR COURT APPEARANCE DATE,TINIE AND LOCATION ARE 

08/28/2012 00;30 AN1 

Location: LANE CO CIRCUIT COURT 

125 E 5TH AVE 

EUGENE OR 97401 

c.414V Are,11 

g GRIMM) 

(see A below) 

OR 

(Not Both) 

0 VIOLATION(S)1Typoi ' 

(see a below) TRAFFIC 

ID re, 

toen 

n or 

4 

cm 

2 cL 

n ORS 135.355 CONDITIONAL PLEA 

CONTINUED TO REASON: 

DIVERSION AGREEMENT 

VMABG GTH 

COURT/JURY TRIAL 

CRIMINAL RIGHTS GIVEN 

On or About Date/Time: DB/03/2012 61:07 PM 

At or Near City 

CROW RD & to 4 

EUGENE 

NB:® MEI EB:111 WB:❑ 

Highway: ID Premise Open to Public: El Other: El 

j VEHICLE involving the following: 

Year. 2006 Make:AFRI Model:ion 

Color. or,IG Type: MC 

THE ATTACHED ADDITIONS TO THIS RECORD/REGISTER ARE INCORPORATED 

BY REFERENCE, SEE PAGE(S): 0 1 (BY . 1; 0 2 (3Y 

JUDGMENT or THE COURT (SUBMIT ABSTRACT COPY UNDER ORS 153.11) 

OFF RESPONSE/ CHANGE FINDING DETERMINATION OFFENSETypE. CLASS 

# • PLEA PLEA SITE 

G NG C A DISM VIA A h 0 D OTH 

3 G NG NC FFA G NG C A DISM VNI AUGOOTH 

DISPOSITION: 0 1 37.5 33 DEFERRED SCNTENCE D SENT IMP, SUS. 

U DR-PRIV BUSH (I Ihibr NV SRI) 

JAIL: 

PROBATION/OTHER: 

THE ATTACHED ADDITIONS TO THIS JUDGMENT ARE INCORPORATED 3Y 

REFERENCE, SEE PAGE(S): 01 (BY II ❑ 2(2Y. 

 03 (BY ); 

MONEY JUDGMENT OFFENSE 1 OFFENSE 2 OFFENSE 3 

MONEY oritaA,TION IMPOSE SUSPEND IMPOSE SUSPEND IMPOSE SUSPEND 

FINE 

COSTS 

RESTITUTION . 

TOTAL 

TOTAL AMOUNT AMOUNT TO PAY 

(FROM OFFENSES 1,2 

TERMS OF PAYMENT' 

THAT 

AND 3) 3 

IS NOT SUSPENDED 

0 ALL MONEYS, INCLUDING SUSPENDED y 

UNDER ORS 153,090(4) IF-NONSUSPENDED 

ACCORDANCE WITH TERMS 

THE ATTACHED ADDITIONS TO 

BY REFERENCE, SEE PAGE(S)in 

JUDGMENT CREDITOR:EISTATE 

JUDGMENT DEBTOR: 0 DEFENDANT 

MONEY 

MONEYS 

OF PAYMENT. 

THIS MONEY JUDGMENT 

i {Ely 

a • tJ s a ea P .l. 

NOT PAID IN 

ARE INCORPORATED 

1: El 2 (BY ); 

OF OREGON COTNER 

0 OTHER 

DATA SIGNATURE OF:D JUDGE ( LI vlotarions CLERK, MERE ALLOWED I 

DD 018 

WEB, - OSP - 0020 

COMPLAINT FILED 

WRITTEN RESPONSE RECEIVED 

ARRA/OWED U MISD. l7 151.560 OR 

VIOL U intone (REDUCTION) 

SECURITY RELEASE AT: $ RECEIPT NO. 

WARRANT ORDERED ISSUED: 

DMV Use Only 

EXHIBIT C, Page 1 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 92 of 117
Citation #: DD1200093 

Traffic Typo: TRAFFIC/STANDARD 

Date: 06/13372012 Time: 01:57 PM 

Location: 

CROW RA & MP 4 EUGENE 

Latitude: Longitude: 

Tactical Zone: Beat: 531 

NB: cit SB: ❑ RE: 0 WEI ❑ 

Highway: 0 Premise Open to Public: ❑ Otherp 

RaderfiSeriaf #: 

Laser: D Serial #: 

Pace; D . Tested: D Other: D 

Defendant Last Name: wti_KENS 

Defendant First Name.: jus-ra4 

Vehicle Plate #:M054230 

VIN: ZD4RRTT0975000026 

Traffic: NIA 

At intersection: NIA 

Visibility: N/A ' 

Road Surface: N/A 

Area:14/A 

Fish and Wildlife Lin it/Stream Code; 

Juvenile Information 

Parent Last Name: 

Parent First Name: 

Parent Address: 

Parent Phone #: 

Template: 

Officer Notes; 

000019 

WIL - OSP - 0021 

EXHIBIT C, Page 2 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 93 of 117
Use for All Violations or Crimes Where Separate Complain( Will Not be 

Filed/ORS t53.045 or 133.009 

Type: 

TRAFFIC 

CRIME(S) OR VIOLATION(S) 

(sea A below) (Not Both) (see B below) 

DEFENDANT The undersigned certifies and says that the following person: 

f Type: ID No:9105112 State:OR Ph.: 

Name; Last WILKENS 

First:JUSTIN Nif: MICHAEL 

Address:25429 WOLF CREEK RD 

OREGON UNIFORM CITATION ,ND COMPLAINT 

STATE OF OREGON 

Or-MOTHER PUBLIC BODY: EUGENE 

COUNTY OF: LANE COUNTY 

Case No.: i2-532.3 

Court: LANE GO CIRCUIT COURT 

City:EUGENE State:OR Zip:97405 Passenger:0 

Sex: M Race:W DOB:03114/1974 Hgt: WoL:21:10 Hair: ERO 

Eyes: BRO Lie. EXp.: 2014 JULY.; ❑ Lic.Class:c Emp.to Drive:0 

TIME/PLACE 

At the following time and place In the above-mantIoned state and county: 

On or About Date/Time: 09173(2012 92:00 PM 

AL or Near City 

CROW RD & MP 4 

EUGENE 

NB:® s[3:❑ EB:171 VVB:❑ 

Highway:0 Premise Open to Public: ❑ Other:0 

, VEHICLE Involving the hmowing: 

DMV Use Only 

RECORD AND; 

0 COURT 

ID APPEARANCE 

INITIAL 

COMPLAINT FILED 

WRITTEN RESPONSE RECEIVED 

ARRAIGNED 0 MISD. E1 161.56s OR 

C VIOL El 161.5E8 (REDUCTION) 

SECURITY RELEASE AT: $ RECEIPT NO. 

COURT/JURY TRIAL (0 WAIVED) 

CRIMINAL RIGHTS GIVEN 

ATTORNEY: OSSIP. (cl WAIVED) 

WARRANT ORDERED ISSUED: 

DIVERSION AGREEMENT 

CONTINUED TO REASON: 

0 ORS 135,35B CONDITIONAL PLEA 

C) L), 

ha 

C7 c 

•Pt• 

0 

HANDLED BY: 

BASED ON: 

DATE 

CIRCUIT COURT REGISTER 

0 MI NICIPAI COUNT DocKET 

El VIOLATIONS BUREAU 

WRITTEN SUBMISSION 

EVENT/NOTES 

LI JUSTICE COURT DOUCE:1T. 

Year: 2006 Make: APRI Modei:1 OHO 

Color: ONG TYPdt MG 

Regis/VIn/IMM554-339 State:OR 

Accident: [1] Prop. Damage: ❑ Inttity:El Endanger Other: ❑ 

Other: Corn') Pass: El 

Corte! Veh: rj Paz Mat ❑ Driver Not Reg. Owner. 11] 0 0 

0 FFENSE(S) Did then and there commit the following offansa(s): 

HWY Work Zone:❑ School Zone: [J VW:0 Safety Corridor. 

Radar: 0 Pace: Ej Laser: El Other: ❑ 

Alleged Speed: Designated Speed:' Posted Limit: ❑ 

Offense It: 811.140 

RECKLESS DRIVING 

Wsming: D 

Presumptive Final: MUST APPEAR ' 

Intentional: Knowing: Reckless: 

Criminal Negligence; L No Culoalile Mental State: 

Offense 4: 

Warning: 0 

Presumptive Fine2: 

Intentional: - Knowing: ❑ Reckless: 

Criminal Negligence: No Culpable Mental State: 

Offense #: 

Warning: LI 

Presumptive Fine3: 

Intentional: Knowing: ❑ Reckless: 

Criminal Negligence: No Culpable Mental State: 

OTHER 

I SIGNATURE 

I certify under ORS 153.045 and 153,390 and under other applicable law and ander 

penalties for false swearing, do swear/affirm that I have sufficient grounds to and do 

believe that the above-mentinned defendant/person committed the shove offense(s) 

and I have served the defendaat+pers on with this complaint 

Signature of Officer. 

Officer namel :TIM WARE Officer ID: 32127 

Officer name2: Officer ID: 

Agency Name:LANE COUNTY SHERIFFS OFFICE 

Issue Date:013/19312012 

[YOUR COURT APPEARANCE DATE,TIME AND LOCATION ARE 

06(2812012 013:30 AM 

Location: LANE CO CIRCUIT COURT 

125 E 8TH AVE 

EUGENE CA .nan_envn 

OR 97401 

THE ATTACHED ADDITIONS TO THIS RECORD/REGISTER ARE INCORPORATED 

BY REFERENCE, SEE PAGE(S); 0 I (BY 1:] .2 (BY ). 

JUDGMENT OF THE COURT (SUBMIT ABSTRACT COPY UNDER ORS 152.11) 

OFF RESPONSE/ CHANGE FINDING DETERMINATION (DEFE450 TYPE CLASS 4 PLEA PLEA SITE 

C A DIEM VM!ABCDO TH 

2 G NG NC PTA G NG CA DIEM 

3 G NG NC ETA .S NG C A DISM VMABCDOTH 

olsposITIONIE 137,533 DEFERRED SENTENCE D SENT IMP. SUS. 

TTDR PR1V. afbis (T(ME) cow GPO 

JAIL: 

PROBATION/OTHER: 

THE ATTACHED ADDITIONS TO THIS JUDGMENT ARE INCORPORATED BY 

REFERENCE, SEE PAGE(S) 01 (BY_ 1; 02 (BY ): 171IHY 

MONEY JUDGMENT DEFENSE OFFENSE 2 OFFENSE 3 

MONEY OBLIGATION IMPOSE SUSPEND IMPDSE SUSPEND IMPOSE SUSPEND 

FINE 

,-- 

COSTS 

RESTITUTION 

TOTAL I> J_ 

TOTAL AMOUNT TO PAY 

(FROM OFFENSES 1,2 

TERMS OF PAYMENT: 

THAT 

AND 3) $ 

IS NOT SUSPENDED 

1:I ALL MONEYS, INCLIJDZNGSUSPENDED 

UNDER ORS 153,090(4) IF NONSBSPENDED 

ACCORDANCE WITH TERMS 

THE ATTACHED ADDITIONS TO 

BY REFERENCE, SEE PAGE(S):0 

JUDGMENT CRENTOR:EISTATE 

JUDGMENT DEBTOR: CIDEFENDANT 

MONEY 

OF PAYMENT. 

THIS MONEY JUDGMENT 

1. (BY 

a. • ii I a, Il I • Y 

MONEYS NOT PAID IN 

ARE INCORPORATED' 

1; 0 2 (BY 1; 

OF OREGON COTNER 

00TE-IER 

DATE: SIGNATURE OF: 0 JUDGE ( 0 vinucnohts CLERK, WHEFIE ALLOWED ) 

coo 22 'L21-0000020 

WIL - OSP - 0022 

—1 

1 G NG NC FTA 

V M A B C OTH 

EXHIBIT C, Page 3 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 94 of 117
Citation ti; DD1200394 

Traffic Type: TRAFFIC/STANDARD 

Date: OB/E3/2312 Time: 02:00 PM 

Location: 

*CHOW RD H MP 4 EUGENE 

Latitude: Longitude: 

Tactical Zona: Beat: 031 

NB: 0 EE: D WE:❑ 

Highway; ❑ Premise Open to Public: 0 Oaten 0 

Rada rip Serial If: 

Laser: ❑ Serial #: 

Pace: 0 Tested: EI Other: D 

Defendant Last Name: WILKENS 

Defendant First Name: JUSTIN 

Vehicle Plate il:Me54335 

YIN: Z.D4RPTio57S0 0on25 

Traffic: N/A 

At Intersection: N/A 

Visibility: N/A 

Road Surface:NIA 

• Areai N/A 

Fish and Wildlife UniffStrearn Code: 

Juvenile Information 

Parent Last Name: 

Parent First Name: 

Parent Address: 

Parent Phorte#: 

Temptate: 

Officer Notes: 

12-5303 

000021 

NIL - OSP - 0023 

EXHIBIT C, Page 4 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 95 of 117
OR 

(Not Both) 

CRIMES) 

(see A below) 

viaLATiON(S) Type; 

(sea a below) ITRAFFID 

On or About Date/Time: 09103/2012 

At or Near 

CROW RD & MP 4 

City 

02:02 PM 

2 G NG Nc ETA G C A DIEM V M ABCDOTH 

OR 97401 

05/28/2012 08t30 AM 

Location: LANE CO CIRCUIT COURT 

125E 8TH AVE 

EUGENE 

gA 1 _all7.4119f1 

SIGNATURE 

I certify under ORS 153,045 and 153.590 and under other applicable law and under 

pariaIlius for false swearing, do swesrleffirm that I have sufficient grounds to and sic 

believe that the above-mentionad defendant/person committed the above offense(s) 

and I have served the defendentfperson With this complaint. • 

Signature of Officer. . .":1);” , 

Officer hamei :TIM WARE Officer iD: 32127 

Officer narne21 Officer ID: 

Agency Name:LANE COUNTY SHERIFFS OFFICE 

Issue Dale:0880312012 

YOUR COURT APPEARANCE DATE,TIME AND LOCATION ARE 

Year: 2006 Make: ApRi Moder:1000 

Color: oNG Type:mc 

Offense 4: ' 

Warning: 0 

Presumptive 

Intentional: 

Criminal Negligence: 

Offense #: 

Warning: ❑ 

Presumptive Fine3:, 

Intentional: 

Criminal Negligence: 

Knowing:D Reckless: 

No Culpable Mental State: 

Knowing: D Reckless; 

No Culpable Mental State: 

EUGENE 

NB: CI S13:0 EB:Lj WB: ❑ 

Highway; Li Premise Open to Public: ❑ Other: ❑ 

VEHICLE Involving the following: 

RegisNinfilD#:N1654339 State:OR 

Accident El Prop. Damage: D Injury:El Endanger Other: IA 

Corn 1 Veh: ❑ Haz Mat [] Driver Not Reg. Owner: 0 • 

Other. Gorril Pass: ❑ 

OFFENSE(S) Did then end there commit the 'Viewing offunve(s): 

HWY Work Zcne:0 School Zone: D VDR; ❑ Safety Corridor: 0 

Radar: ❑ Pace: EJ Laser, ❑ Other:0 

Alleged Speed: Designated. Speed: 

Offense #: 163.195 

RECKLESS ENDANGERING PERSON 

Warning: 0 

Presumptive Fine l: MUST APPEAR 

Intentional: Knowing:0 Reckless: 

Criminal Negligence: No Culpabl&Mentai State: 

OTHER 

Posted Limit: 

RECORD AND: 0 CIRCUIT COURT REGISTER 0 JUSTICE COURT DOCKET Lr, 

O MUNICIPAL COURT POCKET 

HANDLED BY: 

BASED ON: 

DATE 

0 VIOLATIONS BUREAU 

WRI I 1EN SUBMISSION 

EVENT/NOTES INITIAL 

COURT 

0 APPEARANCE 

E 101.560 (REDUCTION) 

ARRAIGNED U MISD, 0 161.556 OR 

E VIOL 

SECURITY RELEASE AT: RECEIPT NO, 

COURT/JURY TRIAL (U WAIVED) 

ATTORNEY: OSB#: In WAIVED) 

WARRANT ORDERED ISSUED: 

COMPLAINT FILED 

WRITTEN RESPONSE RECEIVED 

CRIMINAL RIGHTS GiVEN 

DIVIV Use Only 

DIVERSION AGREEMENT 

CONTINUED TO 'REASON; 

O ORS 135.355 CONDITIONAL PLEA 

OREGON UNIFORM CITATION AND COMPLAINT 

Use for All Violations or Crimes Where Separate Complaint Will Not be 0 o 

.Filed/ORS 155,045 or 133.069 .0 

-11 

N yF 

ci 

CI In 

tn 

Cry 

2 

rn 

DEFENDANT The undersigned certifies and says that the following parson: 

ID Typo: ID No: 911)5112 

Name: Last: VVILKENS 

First:JUSTINI 

Address:25429 WOLF CREEK RD 

City: EUGENE State:OR Zip:97405 Passenger: 0 

Sox: Rountvii 00E1:33/14/1974 Hgt.: 61" WgL:200 -Hair. END 

Eyes: BRO Lie, Exp.: 2014 D Emp.to Drive:0 

I

TIIVIEIPLACE 

At the following firm and place i6 the above-Mentioned state and county: 

OFF PRESPONSE/

TEA CHANGE FINDING DE i ERMINATION DFFNSETypE PLE 

HA

A SITE 

2t

o 

1 G Na NC ETA G NG 

3 G NG NC ETA GNG . C A DISM VMABCDOTH 

DISPOSITION: 0137,533 DEFERRED SENTENCE 17 SENT IMP. SUS. 

01.31 1V-6MP (1 IMETCONV Ship 

CLASS 

c A DISM VM1ABCDOTH 

JAIL' 

PROBATION/OTHER: 

THE ATTACHED ADDITIONS TO THIS JUDGMENT ARE INCORPORATED BY 

REFERENCE, SEE PAGE(S): l.111 (BY 4 El 2 (BY ); 0 3 (13Y ); 

MONEY JUDGMENT OFFENSE 1 OFFENSE 2 OFFENSE 3 

MONEY OBLIGATION IMPOSE SUSPEND IMPOSE SUSPEND IMPOSE SUSPEND 

FINE • 

COSTS 

I 

RESTITUTION 

TOTAL V, 

TOTAL AMOUNT TO PAY 

(FROM OFFENSES 1,2 

TERMS OF PAYMENT: 

THAT 

AND 3)1 

IS NOT SUSPENDED 

Li ALL MONEYS, INCLUDING SUSPENDED 

UNDER ORS 153.090(4) IF NONSUSFENDED 

ACCORDANCE WITH TERMS 

THE ATTACHED ADDITIONS TO 

BY REFERENCE, SEE PAGE(S):n 

JUDGMENT CREDITOR:DSTATE 

JUDGMENT DEBTOR: 0 DEFENDANT 

MONEY 

OF PAYMENT, 

THIS MONEY JUDGMENT 

1 (By 

f. 0 tr a ,,e N • 

MONEYS NOT PAID IN 

' 

ARE INCORPORATED 

1: 0 2 (BY ) 

OF OREGON 0 OTHER 

U OTHER 

DATE: SIGNATURE DF:0 JUDGE ( 0 VOLATPIN CLERK. MERE ALLOWED ) 

60A 000022 

WIL - OSP - 0024 

THE ATTACHED ADDITIONS TO THIS REDDROREDISTER ARE INCORPORATED 

E3Y REFERENCE, SEE PAGE(S); o I (BY ); D 2 (BY 

JUDGMENT OF THE COURT (SUBMIT ABSTRACT COPY UNDER ORS 153.11) 

STATE OF OREGON 

CITY/OTHER PUBLIC BODY: EUGENE 

COUNTY OF: LANE COUNTY 

Case No.: 12,5393 

COUlt LANE CO CIRCUIT COURT 

StatmoR Ph.: 

C 

Ml: MICHAEL 

EXHIBIT C, Page 5 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 96 of 117
Citation #: DO1200325 

Traffic Type: TRAFFICISTANIJARU 

Date; 06!O3/2012 

Location: 

CROW RD & MP 4 

Time: 02:02 PM 

EUGENE 

Latitude; Longitude; 

Tactical Zone; Heat: 531 

NE; g,,.SH; ❑ EB: ❑ vItta:p 

Highway: ❑ Premise Open to ❑ 

Radar;] Serial #: 

Laser,[] Serial #: 

Pace: ❑ Tested: ❑ Other: ❑ 

Defendant Last Name; WILKENS 

Defendant First Name: JUSTIN 

Vehicle Plate thMe54339 

YIN: 2NIRRTTS975S000Z6 

Traffic: N/A 

At Intersection: N/A 

Visibility; NIA 

Road Surface; NIA 

Area: N/A • 

Fish arid Wildlife UnittStrearn Code: 

Juvenile Information 

Parent Last Name: 

Parent First Name: 

Parent Address: 

Parent Phone #: 

Template: 026 

Officer Notes: . 

COMPLAINT INPORMATION:(NAMEJ RECKLESSLY ENGAGED IN 

CONDUCT BY (DESC RISE) WHICH CREATED A SUBSTANTIAL 

RISK OF SERIOUS PHYSICAL INJURY TO (NAME). 

000023 

WIL - OSP - 0025 

EXHIBIT C, Page 6 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 97 of 117
Slete:OR Ph.: 

MI: MICHAEL 

ID Type: ID No: 9105112 

Name: Last:WILKENS 

Rrst:JUSTIN 

Address:25429 WOLF CREEK RD 

LI CIRCUIT COURT REGISTER U JUSTICE COURT DOCKET g 

MUNICIPAL COURT DOCKET 

VIOLATIONS BUREAU 

13 WRITTEN SUBMISSION 

EVENT/NOTES 

COURT 

APPEARANCE 

INITIAL • 

1; - WRITTEN RESPONSE RECEIVED 

D 161.560 (REDUCTION) 

ARRAIGNED D MfDD 151.506 OR 

0 VIOL 

OR 97491 

09/04/2012 08:30 AM 

Location: LANE CO CIRCUIT COURT 

125 E 5TH AVE 

EUGENE 

COURT/JURY TRIAL (0 WAIVED) 

ATTORNEY: OS Bit (0 WAIVED) 

cl ALL MONEYS, INCLUDING SUSPENDED MONEY Y 

UNDER ORS 153.000(4) IF NONSUSPENDED MONEYS NOT PAID IN 

ACCORDANCE WITH TERMS OF PAYMENT. 

THE ATTACHED ADDITIONS TO THIS MONEY JUDGMENT ARE INCORPORATED 

BY REFERENCE, SEE PAGE(S):Di (BY ); D 2 (BY 

JUDGMENT C REDITORtEl STATE OF OREGON 0 OTHER 

JUDGMENT DEBTOR: ❑DEFENDANT 00THER 

DATE: 

2 SNGNCFTA G NG CADISM I . V M ABCDOTH 

'OREGON UNIFORM CITATION AND COMPLAINT 

Use for All Violations or Crimes Where Separate Complaint Will Nof be 7:1 a 

Filed/ORS 153.045 or 133.068 a E 

OFOME(S). OR W vioLATioN(s)iType: 

(see A below) (Net Both '(see B below) TRAFFIC 

STATE OF OREGON 

CITY/OTHER PUBLIC BODY: EUGENE 

COUNTY OF: LANE COUNTY 

Case No.: 12-5303 

Court: LANE CD CIRCULT COURT 

DEFENDANT The undersigned certifies and says that the fel/owing person: 

DMV Use Only 

cr•t,

E O 

O RECORD AND: 

CD 

HANDLED BY: 

° BASED ON: 

0,DATE 

RegisNintiriff: M654339 State:OR 

Accident: 0 Prop. Damage: Ei infurin Li Endanger Other: LI 

Corn1 Haz Mat: ❑ . Driver Not Reg. Owner: U 

Other Corn'l Pass: 0 

DEFENSE(S) Did then and them commit the following offenso(s): 

HWY Work Zone. ❑ 'School Zone: ❑ VBR:D Safety Corridor. ❑ Radar: Ej Pace: ❑ Laser 0 Other: EI 

Auger: Speed: 120 Designated Speed: 55 Fasted Ling ❑ 

'Offense ff: 611.190. 

VBR1 DO+ 

Warning: ❑ 

Presumptive Final: $1150.00 

Intentional: Knowing: n Reckless: 

Criminal Negligence: No CuipablE- Mental State: 

Offense #: 808.010 

warning:0 DRIVING UNINSURED 

Presumptive Pine2: $250.00 

Intentional: Knowing: ❑ Reckless: 

Criminal Negligence: No Culpable Mental State: 

Offense #: 811.420 

PASSING IN NO PASSING ZONE 

Warning: 0 

Presumptive Fine3:250,00 Ia s

intentional: Knowing: D Reckless: 

Criminal Negligence: No Culpable Mental State: 

OTHER 

SIGNATURE 

I certify under CRS 153,045 and 153.990 and under other applicable law and under 

penalties for false swearing, do swear/affirm that I have sufficient grounds to and do 

believe that the above-mentioned defenden1/persen committed the above otfanse(s) 

and I have served the defendant/person with this complaint 

Signature of OffiCer. 7:-to 

Officer nerne1:T1M WARE Officer ID: 32127 

Officer riame2: Officer ID: 

Agency Name:LANE COUNTY SHERIFFS OFFICE 

Issue Date:08/03/2012 

YOUR COURT APPEARANCE DATE,TIME AND LOCATION ARE 

THE ATTACHED ADDITIONS TO THIS RECORD/REGISTER ARE INCORPORATED 

BY REFERENCE, SEE RAGE(S): D i (BY )) 1112 (BY 

JUDGMENT OF THE COURT (SUBMIT ABSTRACT COPY UNDER ORS 150.11) 

OFF RESPONSE! CHANGE FINDING DETERMINATION °FFEN3ETypE CLASS ft PLEA PLEA SITE 

1 G NS NO PTA 0 NG CADISM ( VM A, 13 C D OTH P 

z 

r`; 

City:EUGENE State:OR Zip: 97405 Passe nger.D 

Sex:M Race:W DOB:03/14/1974 Hut.: S) Vi/gL:200 Heir BRO 

Eyes: BRO Lie, Exp.: 20/4 Jay.: ❑ Lic.Ciass: c Emp.to Drive: 

TIIVIE/PLACE 

At the following time and place in the above-mentioned slate and county: 

On or About DatetTime: 08/03/2012 52:03 PM 

At or Near City 

CROW RD & MP 4 . 

EUGENE 

sedi ERE WH:❑ 

Highway: El Premise Open to Public: D Other: 0 

VEHICLE Involving the following; 

Year. 2005 Make:APRI Model:inot 

CO br. ONG Type: MG 

COMPLAINT FILED 

SECURITY RELEASE AT: 3 RECEIPT NO, 

h,t r, 94) 0024 

WIL - OSP - 0026 

3 G NG NC ETA G NG CADISM VMABCDOTH 

DISPOSITION; 0137.533 DEFERRED SENTENCE 0 SENT IMP, SUS, 

U R. HRIv. EUSP. (110&) t-ONVIHO. 

JAIL: 

PROBATION/OTHER; 

CRIMINAL RIGHTS GIVEN 

WARRANT ORDERED ISSUED: 

DIVERSION AGREEMENT • 

CONTINUED TO REASON: 

LI ORS 135.055 CONDITIONAL PLEA 

THE ATTACHED ADDITIONS TO THIS JUDGMENT ARE INCORPORATED BY 

REFERENCE, SEE PAGE(S)1 01 (BY I, Li 2 (BY I: 03 (BY 

. MONEY JUDGMENT OFFENSE 1 OFFENSE 2 oFFENsE 6 

MONEY OBLIGATION IMPOSE SUSPEND IMPOSE SUSPEND IMPOSE SUSPEND 

FINE 

COSTS 

RESTITUTION 

TOTAL tig. 

TOTAL AMOUNT TO PAY THAT IS NOT SUSPENDED 

(FROM OFFENSES 1,2 AND 3) $ 

TERMS OF PAYMENT: 

SIGNATURE OF:0 JUDGE ( VMATIONS CLER ,MERE ALLOWED ) 

EXHIBIT C, Page 7 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 98 of 117
citatien rfr: DD/2000$6 

Traffic Type:TRAFFIC/STANDARD 

Date: 08/03/2012 112;03 PM 

Location: 

CROW RD & MP 4 EUGENE 

Latitude: Longitude: 

Tactical Zone: Beat: 531 

NB: S13: ❑ EB: ❑ WEI: ❑ 

Highway: ❑ Premise Open to Public; ❑ 

HadenD Serial - 

Laser: ri Serial #: 

Pace: ❑ Tested; ❑ Other. ❑ 

Defendant Last Name: WILKENS 

Defendant First Name: JUSTIN 

Vehicle Plate #;h1654336 

VIM: TD4RHTT097S000626 

Traffic: N/A 

At intersection: NIA 

Visibility: N/A 

Road Surface: N/A 

Area:EVA 

Fish and Wildlife Unit/Stream Code: 

Juvenile Infers-teflon 

Parent Lat Name: 

Parent First Name: 

Parent Address: 

Parent Phone #: 

Template: 026 

Officer Notes; 

COMPLAINT INSORMATION:(NAME) RECKLESSLY ENSASBO IN 

CONDUCT BY IDESCRIEIQ WHICH CREATED A SUBSTANTIAL 

RISK OF SERIOUS PHYSICAL INJURY TO (NAME). 

000025 

WM - OSP - 0027 

EXHIBIT C, Page 8 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 99 of 117
Department of Justice 

Trial Division 

5/21/2015 

• • : • .• 

Video Loop of DVD Wilkens Dash Cam 

-Wilkins vs. EdwardsUSDC Case No. 6:14-CV-00907-MC 

EXHIBIT D, Page 1 of 1

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 100 of 117
Call Information 

Call Type: OFFICER SAFETY ALERT Priority: 3 15 MINS Date: 08/03/2012 

Location: 36 SR / 126 SR ;SIUSLAW BANK Pref: Apt: 

City: LANE State: Zip: 

CA: 02 Rpt Dist: 2903 Beat: 29 

Call Taken By : 35888 

Call Dispatched By : 13369 

Report Required : N 

Disposition: 8 UNABLE TO LOCATE/GONE ON ARVL 

Disposition Remarks: 

Caller Information 

Call Source: VIA PHONE/PERSON/PUBLIC 

Caller: LANE CO Phone: 

Address: 

Related Incident Numbers 

Police: Sheriff: Fire: EMS: 

Incident Times 

E911: Received: 10:32:51 Dispatch: 10:34:20 En Route: 10:34:20 

Arrive: 10:52:24 Transport: INCIDENT: Cleared: 16:55:00 

Unit Information 

Pri Unit: 2974 Officers: WETZEL,JOSHUA WAYNE 

Unit Times 

Unit ID CMD Date/Time Remarks 

2971 D 8/3/2012 10:34:20 AM 36 SR / 126 SR ;SIUSLAW BANK 

2971 EN 8/3/2012 10:34:20 AM 36 SRI 126 SR ;SIUSLAW BANK 

2971 RT 8/3/2012 10:37:33 AM 2 MALES/1 WHI T SHIRT/AUTO WEAPONS/WHI HATCHBACK 

2521 BU 8/3/2012 10:39:15 AM 36 SR / 126 SR ;SIUSLAW BANK 

2521 EN 8/3/2012 10:39:15 AM 36 SR / 126 SR ;SIUSLAW BANK 

2531 BU 8/3/2012 10:39:15 AM 36 SR / 126 SR ;SIUSLAW BANK 

2531 EN 8/3/2012 10:39:15 AM 36 SR 1126 SR ;SIUSLAW BANK 

2510 BU 8/3/2012 10:39:29 AM 36 SR / 126 SR ;SIUSLAW BANK 

2510 EN 8/3/2012 10:39:29 AM 36 SR / 126 SR ;SIUSLAW BANK 

2531 LC 8/3/2012 10:40:05 AM ENR CHECK 36 

2521 LC 8/3/2012 10:40:09 AM ENR CHECK 36 

WIL-OSP-965 

EXHIBIT E, Page 1 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 101 of 117
2531 LC 8/3/2012 10:40:14 AM ENR CHECK 126 

2974 BU 8/3/2012 10:40:57 AM 36 SR / 126 SR ;SIUSLAW BANK 

2974 EN 8/3/2012 10:40:57 AM 36 SR / 126 SR ;SIUSLAW BANK 

2531 LC 8/3/2012 10:43:18 AM NELSON MT RD// 

2510 RT 8/3/2012 10:45:38 AM LCSO ASSOCIAT VEH / 

2411 BU 8/3/2012 10:51:25 AM 36 SR / 126 SR ;SIUSLAW BANK 

2411 EN 8/3/2012 10:51:25 AM 36 SR / 126 SR ;SIUSLAW BANK 

2411 LC 8/3/2012 10:51:34 AM HWY 36 AREA 

2974 RT 8/3/2012 10:51:41 AM ON CH 61 

2971 LC 8/3/2012 10:52:22 AM OUT AT BANK 

2971 A 8/3/2012 10:52:24 AM OUT AT BANK 

2411 RT 8/3/2012 11:05:10 AM =QRS.513FAE 

2550 BU 8/3/2012 11:15:41 AM 36 SR / 126 SR ;SIUSLAW BANK 

2550 EN 8/3/2012 11:15:41 AM 36 SR / 126 SR ;SIUSLAW BANK 

2974 RT 8/3/2012 11:16:07 AM CONTACTED 2924 / COMING ON DUTY / WHITAKER CREEK AREA 

2924 BU 8/3/2012 11:16:14 AM 36 SR / 126 SR ;SIUSLAW BANK 

2924 EN 8/3/2012 11:16:14 AM 36 SR / 126 SR ;SIUSLAW BANK 

2924 LC 8/3/2012 11:16:20 AM WHITAKER CREEK AREA 

2510 RT 8/3/2012 11:17:57 AM SET UP DOWNTOWN LORAINE//SIUSLAW RIVER RD 

2510 RT 8/3/2012 11:31:58 AM =QRS.QUM834 

2531 RT 8/3/2012 11:56:28 AM RES LAKE CREEK RD//GRY PATCHED UP FORD PSNG VEH 

2531 RT 8/3/2012 11:56:37 AM DROVE UP THIS RD//WASN T HATCHBACK / 

2974 RT 8/3/2012 11:57:33 AM DAVE CRANSY 541-430-8658 / WEYERHAUSER LUMBER 

2974 RT 8/3/2012 11:57:43 AM SEE IF THEY HAVE ANY CREWS WORKING ON C LINE 

2521 RT 8/3/2012 12:04:04 PM =QRS.UVX857 

2974 RT 8/3/2012 12:24:08 PM DAVE / WEST END OF C LINE /UNK ANY REASON WHY 

2974 RT 8/3/2012 12:24:15 PM GATES WOULD BE OPEN / 

2924 RT 8/3/2012 12:30:13 PM ON CH 71 

2570 BU 8/3/2012 12:30:25 PM 36 SR / 126 SR ;SIUSLAW BANK 

2570 EN 8/3/2012 12:30:25 PM 36 SR / 126 SR ;SIUSLAW BANK 

2570 LC 8/3/2012 12:30:31 PM VENETA/TERRITORIAL AREA 

2924 RT 8/3/2012 12:35:43 PM =QRS.RAY565 

2510 C 8/3/2012 12:38:51 PM CT=BOLO 

2924 RT 8/3/2012 12:42:19 PM -QRS.225AKK 

2531 RT 8/3/2012 12:44:01 PM HEADING BACK TO FLO TO GET GAS 

2531 RP 8/3/2012 12:44:16 PM REASSIGN AS PRIMARY UNIT 

2971 RP 8/3/2012 12:44:16 PM REASSIGN AS BACKUP UNIT 

2531 C 8/3/2012 12:44:16 PM CT-BOLO DC=21 /Y 

2521 RT 8/3/2012 12:45:19 PM BACK E 126W FRM M 24 

2521 RP 8/3/2012 12:45:25 PM REASSIGN AS PRIMARY UNIT 

2531 RP 8/3/2012 12:45:25 PM REASSIGN AS BACKUP UNIT 

2521 C 8/3/2012 12:45:25 PM CT-BOLO DC=21 /Y 

2411 RP 8/3/2012 12:51:10 PM REASSIGN AS PRIMARY UNIT 

2521 RP 8/3/2012 12:51:10 PM REASSIGN AS BACKUP UNIT 

2411 C 8/3/2012 12:51:10 PM CT=BOLO DC=21 /Y 

2971 C 8/3/2012 12:57:45 PM CT=BOLO DC=21 /Y 

2411 RP 8/3/2012 12:57:45 PM REASSIGN AS BACKUP UNIT 

2971 RP 8/3/2012 12:57:45 PM REASSIGN AS PRIMARY UNIT 

2550 RP 8/3/2012 1:06:55 PM REASSIGN AS PRIMARY UNIT 

2971 RP 8/3/2012 1:06:55 PM REASSIGN AS BACKUP UNIT 

2550 C 8/3/2012 1:06:55 PM CT=BOLO DC=21 /Y 

2974 RT 8/3/2012 1:15:54 PM ON SIUSLAW RD/ENR TO HWY 38/REEDSPORT 

2550 BU 8/3/2012 1:28:48 PM WHITAKER CREEK AREA 

2550 EN 8/3/2012 1:28:48 PM WHITAKER CREEK AREA 

WIL-OSP-966 

EXHIBIT E, Page 2 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 102 of 117
2974 LC 8/3/2012 1:32:15 PM BACK SIDE HWY 38 TO GARDNER// 

2974 RT 8/3/2012 1:33:39 PM NOW ON RSO FREQ / LOUD & CLEAR 

2974 RU 8/3/2012 1:34:20 PM REDIRECT TO CA: 03 

2570 C 8/3/2012 1:56:01 PM CT=BOLO 

2974 RT 8/3/2012 2:18:35 PM 1238 TOCH L 70 

2974 RT 8/3/2012 2:30:32 PM 1238 BACK TO 02 

2974 RU 8/3/2012 2:30:37 PM REDIRECT TO CA: 02 

2550 RP 8/3/2012 2:37:33 PM REASSIGN AS BACKUP UNIT 

2924 C 8/3/2012 2:37:33 PM CT=BOLO DC=8 /N 

2924 RP 8/3/2012 2:37:33 PM REASSIGN AS PRIMARY UNIT 

2974 RP 8/3/2012 2:37:41 PM REASSIGN AS PRIMARY UNIT 

2924 RP 8/3/2012 2:37:41 PM REASSIGN AS BACKUP UNIT 

2974 C 8/3/2012 2:37:41 PM CT =BOLO DC-8 IN 

2550 C 8/3/2012 4:55:00 PM CT=BOLO 

POI 

VOI 

CAD Narrative 

Date/Time Remarks 

8/3/2012 10:32:01 AM CT CT VALID: BOLO 

8/3/2012 10:32:50 AM CT LC VALID: 36 SR / 126 SR ;SIUSLAW BANK 

8/3/2012 10:32:51 AM 10756 HWY 126 / CONFIRMED ARMED ROBBERY WITH MACHINE GUNS UNK 

DIREC OF 

8/3/2012 10:32:51 AM TRAVEL / WHT HATCH BACK / LOCKED BANK I NON INJ 

8/3/2012 10:33:22 AM GO 

8/3/2012 10:33:45 AM 3 AGO / FULL MASKS 

8/3/2012 10:33:55 AM PAINT BALL STYLE BLK IN COLOR 

8/3/2012 10:35:27 AM COUNTY IS ROUTING SOMEONE E 

8/3/2012 10:35:34 AM BLK BACK PACK 

8/3/2012 10:35:43 AM ONE HAD WHT SHIRT 

8/3/2012 10:36:21 AM COUNTY DOES HAVE 2 UNITS ENR 

8/3/2012 10:37:29 AM THEY WERE 2 MALES 

8/3/2012 10:37:33 AM 2 MALES/1 WHI T SHIRT/AUTO WEAPONS/WHI HATCH BACK 

8/3/2012 10:38:08 AM NO SHOTS FIRED / 3 TELLERS AND 1 CUST IN VEH 

8/3/2012 10:38:27 AM NO OTHER INFO ON SUSPS OR VEH 

8/3/2012 10:38:40 AM THIS IS ALL THE INFO THE DISP HAS 

8/3/2012 10:39:25 AM M REMS: TRAVEL / WHT HATCH BACK / LOCKED BANK / NON INJ COUNT 

8/3/2012 10:39:25 AM M+ -> TRAVEL / WHT HATCH BACK / LOCKED BANK / NON INJ 

8/3/2012 10:40:41 AM SHOULD BE 3 TELLERS AND 1 CUST IN THE BANK NOT IN A VEH 

8/3/2012 10:43:32 AM ,LANE CO DET: STATES MAROON DODG CARAVAN AND GREY DODGE CHARGER 

WERE U 

8/3/2012 10:43:32 AM SED IN BANK ROB IN CRESWELL ON JUNE 6TH, DIFFERENT BANK BUT SAME 

PAREN 

8/3/2012 10:43:32 AM T COMPANY, 

8/3/2012 10:45:38 AM LCSO ASSOCIAT VEH / 

8/3/2012 10:47:16 AM ,PRIOR ROBBERY WAS JUNE 6TH, 

8/3/2012 10:51:41 AM ON CH 61 

8/3/2012 10:57:31 AM ,DOUGLAS CO ADVISED, 

8/3/2012 11:01:22 AM ,AIRED TO CH 21 & CH 23, 

WIL-OSP-967 

EXHIBIT E, Page 3 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 103 of 117
8/3/2012 11:02:49 AM 

8/3/2012 11:04:58 AM 

8/3/2012 11:05:03 AM 

8/3/2012 11:05:10 AM 

8/3/2012 11:16:07 AM 

8/3/2012 11:17:57 AM 

8/3/2012 11:31:58 AM 

8/3/2012 11:39:59 AM 

OLDER 

8/3/2012 I I :40:02 AM 

8/3/2012 11:40:07 AM 

8/3/2012 11:56:28 AM 

8/3/2012 11:56:37 AM 

8/3/2012 11:57:33 AM 

8/3/2012 11:57:43 AM 

8/3/2012 12:04:04 PM 

8/3/2012 12:24:08 PM 

8/3/2012 12:24:15 PM 

8/3/2012 12:30:13 PM 

8/3/2012 12:35:43 PM 

8/3/2012 12:42:19 PM 

8/3/2012 12:44:01 PM 

8/3/2012 12:45:19 PM 

8/3/2012 12:45:25 PM 

8/3/2012 12:51:10 PM 

8/3/2012 12:57:45 PM 

8/3/2012 1:06:55 PM 

8/3/2012 1:15:54 PM 

8/3/2012 1:33:39 PM 

8/3/2012 2:18:35 PM 

8/3/2012 2:30:32 PM 

8/3/2012 2:37:33 PM 

8/3/2012 2:37:41 PM 

MULT UNITS COPIED, 

**UPDATE PER/DEB LANE CO SO ** SUSP VEH IN ROBBERY 90ISH MODEL 

FORD FIEST WHI IN COLOR W/I3LU INFERIOR 

=QRS.513FAE 

CONTACTED 2924 / COMING ON DUTY / WHITAKER CREEK AREA 

SET UP DOWNTOWN LORAINEHSIUSLAW RIVER RD 

=QRS.QUM834 

**PER DIANE W/LANE AT 1035A TO 1040A HRS TODAYBANK SUPV OBSERVED 

2D MATCHING SUSP VEH**WHI PC EB ON HWY 36 IN CURVES 

NEAR INDIOLA**UNK FOR SURE IF THIS IS SUSP VEH 

RES LAKE CREEK RD//GRY PATCHED UP FORD PSNG VEH 

DROVE UP THIS RD//WASN T HATCHBACK / 

DAVE CRANSY 541-430-8658 / WEYERHAUSER LUMBER 

SEE IF THEY HAVE ANY CREWS WORKING ON C LINE 

=QRS.UVX857 

DAVE / WEST END OF C LINE /UNK ANY REASON WHY 

GATES WOULD BE OPEN / 

ON CH 71 

=QRS.RAY565 

=QRS.225AKK 

HEADING BACK TO FLO TO GET GAS 

BACK E 126W FRM M 24 

RP CLEARED DISPO CODE D21 

RP CLEARED DISPO CODE D21 

RP CLEARED DISPO CODE D21 

RP CLEARED DISPO CODE D21 

ON SIUSLAW RD/ENR TO HWY 38/REEDSPORT 

NOW ON RSO FREQ / LOUD & CLEAR 

1238 TOCH L 70 

1238 BACK TO 02 

RP CLEARED DISPO CODE D21 

RP CLEARED DISPO CODE D8 

WM-OSP-968 

EXHIBIT E, Page 4 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 104 of 117
Call Information 

Call Type: DRIVING COMPLAINT Priority: 2 10 MINS Date: 08/03/2012 

Location: FLORENCE @ 101 US MP 187.6-191/ Pref: Apt: 

City: LANE State: Zip: 

CA: 02 Rpt Dist: 2901Beat: 29 

Call Taken By : 35888 

Call Dispatched By : 13369 

Report Required : N 

Disposition: 8 UNABLE TO LOCATE/GONE ON ARVL 

Disposition Remarks: 

Caller Information 

Call Source: VIA 9-1-1 

Caller: LANE CO SO Phone: 

Address: 

Related Incident Numbers 

Police: Sheriff: Fire: EMS: 

Incident Times 

E911: Received: 11:25:05 Dispatch: 11:26:46 En Route: 12:38:53 

Arrive: Transport: INCIDENT: Cleared: 14:45:11 

Unit Information 

Pri Unit: 2924 Officers: FARRAR,LELAND V 

Unit Times 

Unit ID CMD Date/Time Remarks 

2924 D 8/3/2012 11:26:46 AM FLORENCE @ 101 US MP 187.6-191/ 

2510 D 8/3/2012 11:26:46 AM FLORENCE @ 101 US MP 187.6-191/ 

2510 EN 8/3/2012 12:38:53 PM FLORENCE @ 101 US MP 187.6-191/ 

2510 C 8/3/2012 12:38:54 PM CT=DRIVING DC=16 /Y 

2924 RP 8/3/2012 12:38:54 PM REASSIGN AS BACKUP UNIT 

2510 RP 8/3/2012 12:38:54 PM REASSIGN AS PRIMARY UNIT 

2924 EN 8/3/2012 2:37:36 PM FLORENCE @ 101 US MP 187.6-191/ 

2924 RP 8/3/2012 2:45:11 PM REASSIGN AS PRIMARY UNIT 

2510 RP 8/3/2012 2:45:11 PM REASSIGN AS BACKUP UNIT 

2924 C 8/3/2012 2:45:11 PM CT=DRIVING DC=8 IN 

WIL-OSP-969 

EXHIBIT E, Page 5 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 105 of 117
POI 

VOI 

CAD Narrative 

Date/Time Remarks 

8/3/2012 11:24:10 AM 

8/3/2012 11:24:58 AM 

8/3/2012 11:25:05 AM 

8/3/2012 11:25:05 AM 

OF 

8/3/2012 11:25:05 AM 

8/3/2012 11:25:40 AM 

8/3/2012 11:26:08 AM 

8/3/2012 2:45:11 PM 

CT CT VALID: DRIVING 

CT LC VALID: FLORENCE @ 101 US MP 187.6-191/ 

***SIGHTING OF VEH POSS SUSP VEH***SB 5 AGO ON 101 FROM FLO / LT COLOR 

SEDAN POSS HATCHBACK W/BLU INERIOR LIKE A FORD FEASTA / HIGH RATE 

SPEED / PASSING UNSAFE / 2ND HAND INFO 

CO HAS NOTIFYED REEDS PORT PD 

*REEDSPORT PD ADVISED BY LANE SO//THEY ARE SETTING UP * 

RP CLEARED DISPO CODE D16 

WIT-OSP-970 

EXHIBIT E, Page 6 of 6

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 106 of 117
Exam Works, 

INDEPENDENT MEDICAL EXAMINATION 

IDENTIFYING INFORMATION 

Name: Justin Michael Wilkens Claim Number: 107130-L151645-01 

Date of Injury: August 3, 2012 

Date of Examination: June 3, 2015 

Location of Examination: Eugene, Oregon 

Examiner: Scott Kitchel, M.D., Orthopaedic Surgery 

INTRODUCTION 

It was my pleasure to perform an independent medial evaluation on Justin Wilkens 

today. 

The claimant was informed that the examination was for evaluative purposes only, 

intended to address specific injuries or conditions as outlined by the claims manager, 

and was not intended as a general medical examination. 

The claimant was asked at the time of the examination not to engage in any physical 

maneuvers beyond what he was able to tolerate or which he believed were beyond his 

limits or which could cause harm or injury. The claimant was instructed that the 

evaluation could be stopped at any time and not to allow the evaluation to continue if it 

caused pain. 

This is an Oregon Department of Justice Trial Division medical exam. 

HISTORY OF PRESENT COMPLAINT: 

Mr. Wilkens is a 41-year-old right-hand dominant gentleman who was stopped for a 

traffic violation on August 3, 2012. At that time when he came to a stop, the law 

enforcement vehicle which was following him bumped into him at approximately 3 to 5 

miles an hour, knocking his motorcycle over and knocking him to the ground. He says 

he landed on the ground relatively smoothly and was able to roll out of that. He 

indicates following that he had no left shoulder pain. 

2501 SW First Avenue Suite 400 Portland, OR 97201 Phone: 888.822.3866 Fax: 503.796.0749 

EXHIBIT F, Page 1 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 107 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

When he stood up he says the police officer was pointing a gun at him and asking him 

to get back on the ground. He did not immediately understand the commands, but 

when he started to bend and kneel to get back on the ground he indicates the officer 

kicked him in the left shoulder. He says he was in some shock and had no immediate 

pain. However, when they started to manipulate his left shoulder to put the handcuffs 

on he began developing left shoulder pain. 

That shoulder pain worsened and he was ultimately transported by ambulance to 

Sacred Heart RiverBend Medical Center. At the hospital x-rays were done and they told 

him that he had a left clavicle fracture. He was referred for follow-up to Dr. Daniel 

Sheerin. 

He saw Dr. Sheerin, who recommended that he undergo open reduction and internal 

fixation. He says this was accomplished about two weeks following the injury. 

Following that surgery he did not have physical therapy, but allowed it to heal with time. 

He says that he returned to Dr. Sheerin in October 2012 and was told that the fracture 

had healed and he could be released to full activity. 

Through the years he has continued to have some discomfort in the shoulder and 

grinding. He sought the advice of Dr. Michael Boespflug, his family doctor, in May 

2014. Dr. Boespflug recommended that he follow up with Dr. Sheerin, but he was 

unable to do this for financial reasons. 

He has not had any further treatment on the left shoulder since his final visit with Dr. 

Sheerin. 

His past history is negative for any previous left shoulder injury, surgery, or treatment. 

CHIEF COMPLAINTS/ CURRENT CONDITION: 

Chief Complaint: Left shoulder pain and discomfort. 

Today, he tells me his only problem is pain and discomfort in the left shoulder. He 

describes that as a deep, aching type pain. He would rate it at a 3 on a scale of 0-10. 

He notes that it is made worse with activity and shoulder range of motion. He does get 

improvement by resting the shoulder. 

He says he also has a general sensation of some foreign bodies within the shoulder. 

He says he can no longer sleep on his left side. He also gets some intermittent left 

hand numbness with repetitive motion of the left shoulder. 

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Page 2 of 8 

EXHIBIT F, Page 2 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 108 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

He has not had any true left arm radicular pain. He has not had any weakness in the 

left arm. 

CURRENT WORK STATUS: 

Occupational History: Mr. Wilkens works as a laborer. He is not currently working, but 

says that it is not related to his left shoulder. 

PAST MEDICAL HISTORY: 

Conditions: Hypertension. 

Operations: 1) 1989 left knee surgery. 2) 2008 left foot surgery. 3) 

2012 left clavicle surgery. 

Allergies: None. 

Current Medications: Lisinopril. 

Substance Use: He does not take other recreational drugs. 

• Tobacco: Mr. Wilkens does not smoke. 

• Alcohol: He occasionally drinks alcohol. 

SOCIOECONOMIC HISTORY: 

Marital Status: Mr. Wilkens is single, with no children. 

Education: Mr. Wilkens has graduated from high school and 

attended some college. 

Military Service: Mr. Wilkens has never been in the military. 

Hobbies: 1) Dogs. 2) Spending time with animals. 

RECORD REVIEW 

The first medical record available for my review is a September 17, 2008 emergency 

department note regarding Mr. Wilkens. It is for evaluation of an injury following a 

motorcycle accident. The complaints are of a chin laceration and left ankle pain. X-rays 

are done, which show a left foot fracture. The impression is one of left midfoot fracture 

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Page 3 of 8 

EXHIBIT F, Page 3 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 109 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

involving the navicular with chin laceration, left knee injury, and chest wall contusion. 

The patient is placed in a splint and have follow-up with the orthopedic service. 

On September 17, 2008, two-view x-rays of the left knee are done. They show 

evidence of a moderate joint effusion. 

On that same date a CT scan is done of the left foot, which shows a comminuted 

fracture of the tarsal navicular with osteo-compression osteochondral impaction injury. 

On that same date, x-rays are done of the left ankle, which were interpreted as being 

negative. 

On September 23, 2008, Mr. Wilkens undergoes open reduction and internal fixation of 

the left tarsal navicular by Dr. Sheerin. This is accomplished without complication. 

The Driver and Motor Vehicle Services report of Justin Wilkens, dated November 17, 

2014 is directly reviewed in its entirety. 

The Oregon State Police incident report, dated August 16, 2012, regarding Justin 

Wilkens is reviewed. In it, it indicates that Mr. Wilkens' motorcycle was bumped from 

behind by the police vehicle. The motorcycle fell- onto its left side. Mr. Wilkens landed 

on the ground in front of the patrol vehicle and quickly got to his feet and faced the 

patrol car. The officer indicates he advanced toward Mr. Wilkens and shouted at him to 

get on the ground. He indicates he took two steps forward, and using the sole of the 

boot delivered a kick to his body and again shouted at him to get on the ground. 

August 3, 2012, Lane County Circuit Court affidavit of probable cause is reviewed. 

The continuation report from the Lane County Sheriffs office is reviewed. 

On August 3, 2012, Mr. Wilkens is transported by Eugene Fire & EMS to Sacred Heart 

RiverBend Hospital, At RiverBend Hospital he was seen in the emergency department 

for complaints of left shoulder pain. X-rays are done of the left shoulder, which show a 

left clavicle fracture with 2.9 centimeters of displacement. There is also a possible 

second rib fracture. 

On August 8, 2012, Mr. Wilkens was seen at the Slocum Orthopedic Center by Dr. 

Daniel Sheerin. His assessment is one of a displaced mid shaft clavicle fracture with 

shortening. He recommends open reduction and internal fixation. 

On August 14, 2012, Mr. Wilkens undergoes open reduction and internal fixation of the 

left clavicle fracture by Dr. Sheerin. This is accomplished without complication. 

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Page 4 of 8 

EXHIBIT F, Page 4 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 110 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

On August 15, 2012, telephone messaging for refill of medications is completed. 

On August 22, 2012, Mr. Wilkens was seen in follow-up by Dr. Sheerin. He was having 

some wound drainage, but otherwise doing well. X-rays show good alignment of the 

internal fixation. 

X-ray films of August 22, 2014 are directly reviewed. 

On October 3, 2012, Mr. Wilkens was seen in follow-up by Dr. Sheerin. He seems to be 

improving. X-rays are done, which show good alignment. Dr. Sheerin's impression is 

one of a healed clavicle fracture. 

On May 7, 2014, Mr. Wilkens was seen in follow-up by Dr. Michael Boespflug. This was 

for complaints of left shoulder pain. He is noted to be status post open reduction and 

internal fixation of the fracture. He recommends that Mr. Wilkens follow up with Dr. 

Sheerin. 

The United States District Court for the District of Oregon, Eugene Division complaint of 

Justin Michael Wilkens versus Robert Wayne Edwards, in his individual capacity; The 

State of Oregon, dated June 5, 2014, is reviewed. 

The United States District Court for the District of Oregon, Defendants' Answers and 

Defenses, dated August 5, 2014 is reviewed. 

The United States District Court for the District of Oregon, Plaintiff's Response to 

Defendants' First Set of Interrogatories to Plaintiff, dated December 22, 2014, is also 

reviewed. 

On April 20, 2015, Heather VanMeter authors a letter to Lauren C. Regan from Justice 

Law Group listing potential subpoenas in this case. 

Medical records related to surgical care at Sacred Heart Medical Center, dated 

September 17, 2008 for foot surgery are reviewed in their entirety. 

Medical records related to open reduction and internal fixation of clavicle fracture, dated 

August 14, 2012 from Sacred Heart Medical Center are also reviewed in their entirety. 

Billing records are reviewed from Sacred Heart Medical Center and Slocum Orthopedic 

Center. 

The deposition of Justin Michael Wilkens is also reviewed in its entirety. 

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Page 5 of 8 

EXHIBIT F, Page 5 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 111 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

PHYSICAL EXAMINATION 

The claimant is right-hand dominant. 

Age: 41 years, stated 

Height: 6 feet 

Weight: 214 pounds 

In general, Mr. Wilkens is noted to be a pleasant gentleman who appears his stated 

age. 

Mr. Wilkens arises easily from a chair. He stands erect. His gait pattern is normal. He 

is able to heel and toe walk. 

Physical examination of the left shoulder reveals the skin to be intact. There is a normal 

shoulder contour. There is no swelling noted. There is a well-healed anterior incision 

over the clavicle. There is no point tenderness to palpation. 

Bilateral shoulder range of motion testing reveals: 

SHOULDER MOTION RIGHT LEFT 

FLEXION 180 degrees 180 degrees 

ABDUCTION 180 degrees 180 degrees 

INTERNAL ROTATION 60 degrees 60 degrees 

EXTERNAL ROTATION 70 degrees 70 degrees 

ADDUCTION 30 degrees 30 degrees 

EXTENSION 45 degrees 45 degrees 

Motor strength in both upper extremities is 5/5 throughout. 

There are no subjective sensory deficits to light touch testing. 

There is no atrophy or fasciculations. 

The impingement sign is negative. The impingement reinforcement sign is negative. 

The apprehension sign is negative. 

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Page 6 of 8 

EXHIBIT F, Page 6 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 112 of 117
Justin Michael Wilkens Claim Number: 107130-L151645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

There are 2+ and symmetric biceps, triceps, and brachioradialis reflexes. 

There are 2+ radial pulses with normal capillary refill. 

DIAGNOSTIC STUDIES 

No imaging studies are available for my review. 

DIAGNOSIS AND RELATIONSHIP: 

Left clavicle fracture, status post August 14, 2012 open reduction and internal fixation. 

DISCUSSION 

I have been able to re-review the video clip which you provided me. Based upon 

multiple reviews of that video clip, it appears that the injury he had when the bike fell 

and he landed on the point of his left shoulder is more consistent with the mechanism of 

7i e c a\ ire than the injury when he was kicked by the officer. 

ANSWERS TO SPECIFIC QUESTIONS FROM THE COVER LETTER 

1. Can you say with any degree of medical probability, what is the etiology of 

his left clavicle fracture? 

Based upon my review of the medical records, his physical examination, his 

history, and the review of the video of the episode, within a degree of medical 

probability, it is the fall from the motorcycle, landing on the point of his left 

shoulder, which caused his left clavicle fracture. 

Ronald Teed, M.D. 

Orthopedic Surgeon 

Dictated by: Scott Kitchel, M.D., Orthopaedic Surgery 

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Page 7 of 8 

EXHIBIT F, Page 7 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 113 of 117
Justin Michael Wilkens Claim Number: 107130-051645-01 

Independent Medical Examination Date of Examination: June 3, 2015 

tx: etran/rk/am 

d: June 3, 2015 

t: June 4, 2015 

dos: June 3, 2015 

If you have any questions, please contact Joni in our Quality Assurance Department 

503-290-1501. 

**End of Report — Electronic Signature Applied** 

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Page 8 of 8 

EXHIBIT F, Page 8 of 8

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 114 of 117
CHAPTER: 502.7 

SUBJECT: HALTING VEHICLES - 

HIGH-RISK STOP 

REVISED: March 8, 1994, 

SUPERCEDES; March 15, 1989 

PAGES: 3 

POLICY 

The inherent risk in effecting a stop is increased when there is a known element of danger to the 

officer or the public because of the vehicle's occupant(s). In these situations, the officer(s) must 

exercise additional caution to minimize the potential negative outcomes of such a contact. The 

guidelines in the chapter may assist in conducting such a stop. 

RELATED LAWS/REFERENCES 

Department Manual Chapter 502.7 

RULE 

1. Whenever there is advanced knowledge, or a good reason to suspect that the vehicle 

which is to be stopped is stolen or contains a fugitive, felon, or other dangerous person, 

the officer shall immediately inform Regional Dispatch, giving the officer's location, 

direction of travel, speed, description of the suspect vehicle, including vehicle license, 

and number of occupants. 

2. Should an officer have to leave the vicinity of the patrol vehicle, it should be secured by 

locking the doors. 

3. Handcuffs should be applied in all custody arrests, unless circumstances and good 

judgment dictate otherwise. 

4. Suspects should not be searched until handcuffs are applied, unless the situation will not 

allow a search prior to application of handcuffs. 

5. Prisoners must be searched before they are transported beyond the point of arrest. 

6. If patrol vehicles are equipped with cages, the cage window will be locked any time a 

prisoner is placed in the rear seat. 

PROCEDURE 

1. When effecting a high-risk stop, the suspect vehicle should be followed until other 

officers can assist. The vehicle can then be stopped in a pre-determined area where there 

will be less chance for the suspect(s) to flee. Maximum protection is then be provided to 

the officer and the public in the event of gunfire, foot pursuit, or other potential hazards. 

WI L-OS P-0401 

CHAPTER: 502.7 

SUBJECT: HALTING VEHICLES - 

HIGH-RISK STOP 

REVISED: March 8, 1994, 

SUPERCEDES; March 15, 1989 

PAGES: 3 

POLICY 

The inherent risk in effecting a stop is increased when there is a known element of danger to the 

officer or the public because of the vehicle's occupant(s). In these situations, the officer(s) must 

exercise additional caution to minimize the potential negative outcomes of such a contact. The 

guidelines in the chapter may assist in conducting such a stop. 

RELATED LAWS/REFERENCES 

Department Manual Chapter 502.7 

RULE 

1. Whenever there is advanced knowledge, or a good reason to suspect that the vehicle 

which is to be stopped is stolen or contains a fugitive, felon, or other dangerous person, 

the officer shall immediately inform Regional Dispatch, giving the officer's location, 

direction of travel, speed, description of the suspect vehicle, including vehicle license, 

and number of occupants. 

2. Should an officer have to leave the vicinity of the patrol vehicle, it should be secured by 

locking the doors. 

3. Handcuffs should be applied in all custody arrests, unless circumstances and good 

judgment dictate otherwise. 

4. Suspects should not be searched until handcuffs are applied, unless the situation will not 

allow a search prior to application of handcuffs. 

5. Prisoners must be searched before they are transported beyond the point of arrest. 

6. If patrol vehicles are equipped with cages, the cage window will be locked any time a 

prisoner is placed in the rear seat. 

PROCEDURE 

1. When effecting a high-risk stop, the suspect vehicle should be followed until other 

officers can assist. The vehicle can then be stopped in a pre-determined area where there 

will be less chance for the suspect(s) to flee. Maximum protection is then be provided to 

the officer and the public in the event of gunfire, foot pursuit, or other potential hazards. 

WI L-OS P-0401 

EXHIBIT G, Page 1 of 3

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 115 of 117
2. In most cases a single officer should not intentionally effect a high-risk stop, although 

circumstances may dictate that an approach to the suspect(s) be made by an officer not 

utilizing an assisting officer. An officer should also remain cognizant of the possibility 

that the suspect(s) may initiate the stop at any time. 

3. An officer will usually have an advantage if the patrol unit is parked 35 to 40 feet from 

the suspect vehicle, and the officer immediately opens the door and assumes a cover 

position. The officer should clear the weapon he/she feels necessary and be alert in 

preventing occupants of the halted vehicle from separating. Vehicle occupants should be 

ordered to exit the vehicle in a firm, commanding voice and a positive manner, leaving 

no room for doubt that the officer is in absolute control and intends to see that his/her 

orders are implicitly and promptly obeyed. 

4. One suggested method of removing felons or dangerous persons from a vehicle is to 

order all occupants to place their hands on top of their head, interlacing their fingers with 

palms up, and remain in that position until instructed further. The officer must not rush, 

and must be certain each command is followed exactly before another command is given. 

A. Starting with the driver, the occupants should be removed from the vehicle one at 

a time, and from only one side. The driver should be instructed to take the ignition 

keys out and slowly step from the vehicle. His/her back should remain toward the 

officer, and he/she should be ordered to back slowly toward the rear of the vehicle 

with hands remaining on the head, and to kneel down with ankles crossed, and to 

remain in that position. 

B. All other passengers should be removed in the same manner. Sufficient interval 

between the suspects should be maintained to minimize any attempts at 

conversation, eye contact, and gestures, and they should be positioned in clear 

view of the officer. 

C. The officer should confine his/her remarks to positive, firm orders. Prior to an 

approach to the suspects, an order commanding any additional occupant(s) to exit 

the vehicle may help to ensure there is not an unseen or hidden persons in the 

vehicle. 

D. After all occupants are out of the vehicle and positioned, the officer can begin the 

approach to the suspects. 

5. Officers responding to assist another officer who is effecting a high- risk stop should 

upon arrival notify Regional Dispatch of the status at the scene. The assisting officer will 

follow directions of the primary officer and will generally be positioned on the right side 

of the patrol unit being used by the primary officer. The assisting officer will maintain 

surveillance of the suspect(s) from a cover position until all prisoners are secured. The 

assisting officer will continue to give proper armed surveillance on the halted vehicle 

until such time that the primary officer has secured the vehicle. 

6. Officers operating specialty patrol vehicles without cages, such as the Mustang, should 

not transport unruly prisoners where injury may be inflicted to the officer, or damage 

caused to the patrol vehicle interior. If the need dictates, a patrol car with a cage should 

WI L-OS P-0402 

2. In most cases a single officer should not intentionally effect a high-risk stop, although 

circumstances may dictate that an approach to the suspect(s) be made by an officer not 

utilizing an assisting officer. An officer should also remain cognizant of the possibility 

that the suspect(s) may initiate the stop at any time. 

3. An officer will usually have an advantage if the patrol unit is parked 35 to 40 feet from 

the suspect vehicle, and the officer immediately opens the door and assumes a cover 

position. The officer should clear the weapon he/she feels necessary and be alert in 

preventing occupants of the halted vehicle from separating. Vehicle occupants should be 

ordered to exit the vehicle in a firm, commanding voice and a positive manner, leaving 

no room for doubt that the officer is in absolute control and intends to see that his/her 

orders are implicitly and promptly obeyed. 

4. One suggested method of removing felons or dangerous persons from a vehicle is to 

order all occupants to place their hands on top of their head, interlacing their fingers with 

palms up, and remain in that position until instructed further. The officer must not rush, 

and must be certain each command is followed exactly before another command is given. 

A. Starting with the driver, the occupants should be removed from the vehicle one at 

a time, and from only one side. The driver should be instructed to take the ignition 

keys out and slowly step from the vehicle. His/her back should remain toward the 

officer, and he/she should be ordered to back slowly toward the rear of the vehicle 

with hands remaining on the head, and to kneel down with ankles crossed, and to 

remain in that position. 

B. All other passengers should be removed in the same manner. Sufficient interval 

between the suspects should be maintained to minimize any attempts at 

conversation, eye contact, and gestures, and they should be positioned in clear 

view of the officer. 

C. The officer should confine his/her remarks to positive, firm orders. Prior to an 

approach to the suspects, an order commanding any additional occupant(s) to exit 

the vehicle may help to ensure there is not an unseen or hidden persons in the 

vehicle. 

D. After all occupants are out of the vehicle and positioned, the officer can begin the 

approach to the suspects. 

5. Officers responding to assist another officer who is effecting a high- risk stop should 

upon arrival notify Regional Dispatch of the status at the scene. The assisting officer will 

follow directions of the primary officer and will generally be positioned on the right side 

of the patrol unit being used by the primary officer. The assisting officer will maintain 

surveillance of the suspect(s) from a cover position until all prisoners are secured. The 

assisting officer will continue to give proper armed surveillance on the halted vehicle 

until such time that the primary officer has secured the vehicle. 

6. Officers operating specialty patrol vehicles without cages, such as the Mustang, should 

not transport unruly prisoners where injury may be inflicted to the officer, or damage 

caused to the patrol vehicle interior. If the need dictates, a patrol car with a cage should 

WI L-OS P-0402 

EXHIBIT G, Page 2 of 3

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 116 of 117
be summoned. 

A. If it is necessary to transport a prisoner in the specialty patrol vehicle after 

handcuffing, the lap seat belt should be looped at least once around the chain 

between the cuffs. The buckle should then be drawn to the rear and fastened to the 

snap ring on the roll bar brace. The lap/shoulder harness can then be placed 

around the prisoner to provide additional security. 

B. Specialty patrol vehicles have been equipped with a five foot length of rope 

intended for securing the prisoner's legs and feet. The loop should be placed 

around the prisoner's legs below the knees, and the loose end passed to the right 

of the passenger seat between the seat and the door sill. The rope should then be 

tied to the roll bar utilizing any type of quick release knot. 

WI L-OSP-0403 

be summoned. 

A. If it is necessary to transport a prisoner in the specialty patrol vehicle after 

handcuffing, the lap seat belt should be looped at least once around the chain 

between the cuffs. The buckle should then be drawn to the rear and fastened to the 

snap ring on the roll bar brace. The lap/shoulder harness can then be placed 

around the prisoner to provide additional security. 

B. Specialty patrol vehicles have been equipped with a five foot length of rope 

intended for securing the prisoner's legs and feet. The loop should be placed 

around the prisoner's legs below the knees, and the loose end passed to the right 

of the passenger seat between the seat and the door sill. The rope should then be 

tied to the roll bar utilizing any type of quick release knot. 

WI L-OSP-0403 

EXHIBIT G, Page 3 of 3

Case 6:14-cv-00907-MC Document 28 Filed 06/22/15 Page 117 of 117