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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 1 of 46
EXHIBITS 

Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 2 of 46
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Mussalina Muhaymin as Personal 

Representative of the Estate of 

Muhammad Abdul Muhaymin, Jr., 

Plaintiff, 

vs. 

) 

) 

) 

) 

) 

) 

) 

) 

City of Phoenix, an Arizona ) 

Municipal Corporation; Antonio ) 

Tarango; Officer Oswald Grenier;) 

Officer Kevin McGowan; Officer ) 

Case No.: 

17-cv-04565-PHX-SMB 

Jason Hobe; Officer Renaldo ) 

Canilao; Officer David Head; ) 

Officer Susan Heimbinger; ) 

Officer James Clark; Officer ) 

Dennis Lerous; Officer Ryan ) 

Nielson; Officer Steven Wong; ) 

and Doe Supervisors 1-5, ) 

Defendants. 

) 

) 

__________________ ) 

VIDEOTAPED DEPOSITION 

December 11, 2019 

3:42 p.m. 

Tempe, Arizona 

I MUHAYMIN 

REPORTED BY: 

Kate E. Roundy, RPR 

Certified Court Reporter 

MARICOPA REPORTING, INC. 

2801 East Camelback Road 

Suite 200 

CCR No. 50582 Phoenix, Arizona 85016 

MARICOPA REPORTING 

WWW.MARICOPAREPORTING.COM 

Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 3 of 46
1 

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3 WITNESS 

I N D E X 

4 ~ MUHAYMIN 

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EXAMINATION BY MS. STILLWELL 

EXAMINATION BY MR, CHAMI 

FURTHER EXAMINATION BY MS. STILLWELL 

E X H I B I T S 

(No exhibits were marked.) 

MARICOPA REPORTING 

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PAGE 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 4 of 46
1 THE VIDEOTAPED DEPOSITION OF.~ 

Page 3 

MUHAYMIN, 

2 was taken on December 11, 2019, at 3:42 p.m., at the 

3 offices of O'Connor & Dyet, P.C., 7955 South Priest Drive, 

4 Tempe, Arizona, before Kate E. Roundy, a Registered 

5 Professional Reporter and Arizona Certified Reporter, 

6 Certificate No. 50582, in and for the State of Arizona. 

7 

8 APPEARANCES: 

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10 

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For the Plaintiff: 

PRICE LAW GROUP, APC 

David A. Chami, Esq. 

8245 North 85th Way 

Scottsdale, Arizona 85258 

david@pricelawgroup.com 

For the Defendants: 

O'Connor & Dyet, P.C. 

Karen J. Stillwell, Esq. 

7955 South Priest Drive 

Tempe, Arizona 85284 

karen.stillwell@occlaw.com 

Also present: Tiffany Gill, Paralegal 

Florence Lirato, Paralegal 

Bill Marinakis, Videographer 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 5 of 46
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Tempe, Arizona 

December 11, 2019 

3:42 p.m. 

THE VIDEOGRAPHER: We are on the record. 

Today's date is Wednesday, November -- excuse 

December 11th, 2019. The time on the video monitor 

7 is 3:42 p.m. 

8 This is the video recorded deposition of 

9 ~Muhaymin noticed by counsel for the defendants in 

10 the matter of Mussalina Muhaymin versus City of Phoenix, 

11 et al., in the United States District Court for the 

12 District of Arizona, case No. 17-cv-04565-PHX-SMB. 

13 Our location is the offices of O'Connor Dyet in 

14 Tempe, Arizona. 

15 The certified court reporter is Kate Roundy of 

16 Maricopa Reporting, Incorporated, located at 2810 (sic) 

17 East Camelback Road, Suite 23-47 (sic), Phoenix, Arizona 

18 85044. 

19 My name is William Marinakis. I'm the certified 

20 video specialist for the firm of VideoDep, Incorporated, 

21 located in Tempe, Arizona. 

22 Counsel, will you please identify yourselves and 

23 state whom you represent for the record at this time, 

24 please, starting with plaintiff's counsel. 

25 MR. CHAMI: David Chami on behalf of the Estate 

MARICOPA REPORTING 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 6 of 46
1 of Muhammad Muhaymin and Mussalina Muhaymin as his 

2 personal representative. 

Page 5 

3 MS. STILLWELL: Karen Stillwell on behalf of the 

4 City of Phoenix and the individual police officers as well 

5 as Antonio Tarango. 

6 THE VIDEOGRAPHER: Thank you, Counsel. 

7 For the record, also in attendance today is 

8 Tiffany Gill and Florence Lirato. 

9 The witness may be sworn in at this time, please. 

10 

11 ,_ MUHAYMIN, 

12 called as a witness herein, having been first duly sworn 

13 by the Certified Court Reporter, was examined and 

14 testified as follows: 

15 

16 EXAMINATION 

17 BY MS. STILLWELL: 

18 

19 

20 

Q. 

A. 

Q. 

All right. Good afternoon. Is it~ 

Yeah. 

Okay. Before we begin, I want to kind of explain 

21 what we are doing here and what these individuals are here 

22 for. 

23 None of it's meant to intimidate you or scare 

24 you. This is how depositions are conducted. Depositions 

25 are really an opportunity to formalize a record so we have 

MARICOPA REPORTING 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 7 of 46
Page 6 

1 your testimony or what you're going to say in the form of 

2 a written transcript as well as a video. 

3 Do you understand that? 

4 

5 

A. 

Q. 

Oh, yeah. 

Okay. It's not only for my benefit but it's for 

6 Mr. Chami's benefit and for your benefit to have it done 

7 this way. 

8 And I'm sure you have seen before, sometimes 

9 people will say something and on paper it appears one way 

10 and then in person it appears another. These two 

11 individuals will just capture whether it's spoken or the 

12 nonverbal cues as well. 

13 Now, I'm sure that your aunt's attorney kind of 

14 gave you a background of what a deposition is and what to 

15 expect; is that right? 

16 

17 

A. 

Q. 

Yeah. 

And you will see the person to my right is the 

18 court reporter. She is taking down every word that we 

19 say. So it is very important that you use verbal answers, 

20 so, yes or no. And it's easy to get in a conversation and 

21 say uh-huh or huh-uh. It's really important to keep those 

22 verbal answers going so she can take it down. Okay? 

23 

24 

A. Yeah. 

MS. STILLWELL: Now, I understand that Mussalina 

25 is in the lobby and did not want to appear here; correct? 

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MR. CHAMI: You're asking me? 

MS. STILLWELL: Yes, Mr. Chami. 

MR. CHAMI: Yeah, Ms. Muhaymin chose to stay in 

4 the lobby during the deposition. 

5 MS. STILLWELL: Okay. Thank you, sir. 

6 BY MS. STILLWELL: 

7 Q. And you're okay with me asking you a few 

8 questions? 

9 

10 

A. 

Q. 

Yes. 

Now, I'm not here to offend or intimidate you by 

11 any means. I just need to ask you a few quick questions. 

12 We won't be here very long. Because I believe we won't be 

13 here very long, you know, even if you need a break at some 

14 point, you are welcome to take one. The only thing I ask 

15 is if I have asked you a question, I just ask that you 

16 answer it before we take a break. But you are more than 

17 welcome to take them when you need them. Okay? 

18 Now, you -- did you have an opportunity to meet 

19 with Mr. Chami before today's --

20 

21 

22 

23 

24 

25 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Yes. 

-- deposition? 

Yes. 

And when did you meet with him? 

Monday. I think Monday. 

Just a few days ago -- or a couple days ago? 

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Page 8 

Yeah. 

Okay. Do you remember how long you met with him? 

What do you mean by that? 

Oh, how long you talked to him? 

Like two or three hours, I think, about. 

Say that again. I'm sorry. 

Like an hour or two. 

Okay. And you met with him again before we 

9 started here today? 

10 

11 

A. 

Q. 

Yes. 

During your meeting with Mr. Chami did you review 

12 any documents? 

13 

14 

15 

16 

17 

18 

A. 

Q. 

A. 

Q. 

A. 

Q. 

No. 

Did he 

No. 

Did he 

No. 

And was 

give you any paperwork to look at? 

give you any photographs? 

there anyone else present when you met 

19 with Mr. Chami? 

20 

21 

A. 

Q. 

Her and my aunt. 

And when you are pointing to her, you are 

22 pointing to Ms. Lirato? 

23 

24 

25 

A. 

Q. 

A. 

Yes. 

And your aunt is Mussalina; correct? 

Yes. 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 10 of 46
Q. 

A. 

Q. 

A. 

And did you -- did you review any videos 

No. 

-- or anything like that for today? 

No. 

Page 9 

1 

2 

3 

4 

5 Q. Now, we talked a little bit about saying yes or 

6 no and using the verbal responses, but I also want to walk 

7 through a few other ground rules. 

8 When I ask you a question, if I just asked a 

9 poorly or if you don't understand it, I ask that you tell 

10 me that you don't understand it or you ask me to rephrase 

11 it. I'm more than happy to do it. 

12 If you don't ask me to rephrase or you don't tell 

13 me that you don't understand it, I'm going to assume that 

14 you understood the question and that you heard the 

15 question accurately and that you're answering the question 

16 truthfully. 

17 Is that fair? 

18 

19 

20 

21 

A. 

Q. 

A. 

Q. 

Yes. 

Now, are you taking any medications today? 

No. 

Is there anything that would affect your ability 

22 to understand or remember or respond to my questions 

23 today? 

24 

25 

A. 

Q. 

No. 

Are you normally on any kind of medication that 

MARICOPA REPORTING 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 11 of 46
Page 10 

1 you didn't take today? 

2 

3 

A. 

Q. 

No. 

You understand what I said about answering the 

4 questions truthfully? 

5 

6 

7 

8 

A. 

Q . 

A. 

Q. 

Yes . 

And you understand what taki ng an oath means? 

Yes . 

That it' s kind of the same as taking the oath 

9 before you testified to a judge or a j ury; right? 

10 

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A. 

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A. 

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A . 

Q. 

A. 

Q. 

A . 

Q. 

A . 

Q. 

A. 

Q. 

Yes . 

AIIIIII what is your date of birth? 

-· And where do you currently go to schoo l ? 

Rogers Ranch Elementary . 

What grade are you in? 

Eighth. 

And what is your favorite subject in school? 

Science . 

And how are your grades? 

Good. 

Are you getti ng As and Bs? 

Yes. 

Do you have any hobbies? 

Dancing . 

Wha t kind of dance? 

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Page 11 

All of them except for contemporary. 

Okay. And when you say all of them, ballet? 

Uh-huh. 

Tap? 

Yes. 

You said not contemporary. 

Jazz? 

Yes. 

And do you take dance classes somewhere? 

Yes. 

Where do you take dance classes? 

I'm starting at Evolve Dance Studio. 

Where's that? 

Somewhere around where we live. 

And where do you live, in what city? 

Levine. 

Okay. And the elementary school that you go to, 

18 that's also in Levine? 

19 

20 

A. 

Q. 

Yes. 

Okay. And have you been taking dance classes 

21 before now? 

22 

23 

24 

25 

A. 

Q. 

A. 

Q. 

Yes. 

Where have you been taking dance class? 

Dance 101. 

And is that also in Levine? 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 13 of 46
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Q. 

Page 12 

No. It's in Tempe. 

Okay. And so how often would you have to drive 

3 to Tempe for your dance classes? 

4 

5 

6 

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Q..:_ 

Once a week. 

And who drove you? 

My group home staff. 

Okay. And how long were you in the group home? 

About a year. 

And are you currently in the group home? 

No. 

Where are you currently? 

Living with my aunt. 

And when did you begin -- and when you are saying 

your aunt, you're talking about Mussalina? 

Yes. 

Q.:_ And when did you begin living with your aunt? 

In May. 

Q.:_ Of this year? 

So May 2019? 

Q..:_ And you had been with your group home previously 

for a year? 

Q.:_ And while you were with your group home, you were 

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Page 13 

going to Dance 101? 

lb. 

Q_,__ Were you going to dance classes prior to being in 

the group home? 

Okay. Where were you living before you lived in 

the group home? 

lb. 

side? 

lb. 

Q_,__ 

lb. 

~ 

lb. 

Q_,__ 

lb. 

lb. 

ll.:... 

My grandma's house. 

Which grandmother? Can you tell me her name? 

Rasheedah Shaheed. 

Okay. So that's your grandmother on your mom's 

And your mom is Muslimah? 

Shaheed? 

Other than dance, what else do you like to do? 

Boxing and drawing, I guess. 

Do you take boxing classes? 

I used to. 

Where were you taking boxing classes? 

Kickboxing class somewhere in Levine too. ~ 

mean, not Levine, Tempe. 

In Tempe? 

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l 

When you l ive d i n the group home , was t hat in 

l Tempe ? 

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20 

21 

22 

23 

11.:.. 

11.:.. 

.Q,.:,. 

.Q,.:,. 

Q.:,. 

Do you remember the name of that a r oup home? 

Storms End Group Home . 

Okay . And so Dance 101 was near --

Yes . 

- - that group home? 

Uh-huh. 

Okay. When you began livi ng with your 

Aunt Mussali na in May, i s that the first time that you ' ve 

lived with your Aunt Mussalina? 

.Q.:.. 

aunt? 

ll..:.. 

abou t. 

ll..:.. 

aunt? 

Do you recall the first time that you met your 

Yeah . 

Can you tell me when that was? 

I don't real l y remember, but around 2014 , ' 15 , 

So you would have been e ight or nine? 

Yeah. 

And under what circumstances did you meet your 

What do you mean? 

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Page 15 

How did you meet your aunt? 

Because I was living with my other aunt, and then 

so she would visit back and forth from Georgia to Arizona. 

So I just met from there. 

Q_._ Which other aunt? 

Tonya Davis. 

_Q_,_ Okay. And when were you living with Tonya Davis? 

2015. 

Q_,_ How long did you live with Tonya Davis? 

Year and a half. 

Q_,_ Do you remember when you began living with her or 

when that ended? 

I also lived with her throughout my life, too, 

kind of thing sometimes, but I mostly lived with her the 

12 most around 2015, '16. 

1.§. 

11 

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12. 

20 

n. 

22 

23 

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Q_,_ Okay. And when you lived with Ms. Davis in 

2015/2016, how often did you see your Aunt Mussalina? 

Q_,_ 

Q_,_ 

_Q_,_ 

_Q_,_ 

Not a lot. 

And when you say "not a lot," maybe one or two? 

What do you mean by that? 

One or two times 

Yeah. 

-- during your time there? 

Yeah. 

And when you said before that you lived with your 

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aunt -- your Aunt Tonya 

& Yes. 

Q..,_ Right? 

That you lived with your Aunt Tonya kind of on 

and off your whole life, how long would those 2eriods be? 

& It was like more like a visit-type thing, but I 

would stay there for a week or so. 

& 

Q..,_ 

Okay. 

So it was like that. 

Okay. And what is your earliest memory of going 

to your Aunt Tonya 1 s house? 

8..:.. I go almost every day after school because I walk 

there after school and then my aunt picks me up. 

Q..,_ 

8..:.. 

Q..._ 

So currently? 

Yeah. 

Okay. What is your earliest memory of going to 

stay at your Aunt Tonya's house? 

& 

Q..,_ 

8..:.. 

Q..,_ 

2000 -- like living with her? 

Uh-huh. 

2016. 

Okay. Other than the one or two times that you 

22 met your Aunt Mussalina at your Aunt Tonya's house, had 

23 you met her before that; do you recall? 

ll 

Q..,_ Okay. Had you spoken with her on the phone? 

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]_ 

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Yeah. 

Q.._ When did you start speaking with her on the 

phone? 

h I spoke to her a lot on the phone. I just never 

really met her. So it's like more of a just calling-type 

thing. Just never really met . 

Q_,_ When do you -- when do you think that those first 

~ phone calls began with your Aunt Mussalina? 

.2. 

lQ 

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lf. 

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MR. CHAMI: Objection. Calls for speculation. 

You can answer, if you can. 

THE WITNESS: When I was with my Aunt Tonya. 

BY MS. STILLWELL: 

h 

Q.._ 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Your Aunt Tonya? 

Yeah. 

So that, again, was 2015, '16? 

Yeah. 

Now, your father is Muhammad --

Yes. 

-- Muhaymin; correct? 

Yes. 

Okay. And he passed away on January 4th, 2017? 

Yes. 

Right? 

Did you see your Aunt Mussalina around that time? 

Yeah. 

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Q. 

A. 

Q. 

A. 

Do you remember when you saw her? 

Yes. 

Can you tell me when you saw her? 

Page 18 

When the funeral was happening, that's when I saw 

5 her again. 

6 Q. 

7 funeral? 

8 

9 

10 

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A. 

Q. 

A. 

Q. 

A. 

Q. 

14 funeral? 

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A. 

Q. 

A. 

Q. 

Okay. Did you see her the day before the 

No. 

Did you see her the day of the funeral? 

Yes. 

Do you remember who took you to the funeral? 

My mom. 

And did you and your mom stay for the whole 

No. 

Did you stay for the whole funeral? 

No. 

The funeral occurred about ten days later. 

Is that about right? 

MR. CHAMI: Objection. Calls for speculation. 

21 Lacks foundation. Ten days after what? 

22 MS. STILLWELL: Okay. We can keep it to form and 

23 foundation. 

24 

25 

MR. CHAMI: No. It's federal court. 

MS. STILLWELL: I don't want you coaching her. 

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MR. CHAMI: This is federal court, and I'm 

2 allowed to state the basis of my objection. 

3 And this is not coaching, but go ahead and ask 

4 your question. 

5 BY MS. STILLWELL: 

6 Q. Ten days, so around January 14th, does that sound 

7 about right? 

8 MR. CHAMI: Objection. Calls for speculation. 

9 Lacks foundation. 

10 BY MS. STILLWELL: 

11 

12 

Q. 

A. 

If you know? 

I just knew it was like after -- I didn't really 

13 hear about a funeral coming up until afterwards. 

14 

15 

16 

Q. 

A. 

Q. 

17 funeral? 

18 

19 

A. 

Q. 

20 you know? 

21 

22 

23 

24 

A. 

Q. 

A. 

Q. 

Okay. 

I don't know. 

Okay. You just went with your mom to the 

Yeah. 

Okay. And was your mom married to Muhammad; do 

No. 

No, you don't know, or no, she wasn't married? 

She wasn't married. 

Okay. Do you recall a time when you and your mom 

25 and your dad all lived together? 

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Yes. 

When was that? 

Around 2011. 

Page 20 

Okay. And for how long, if you remember? 

He stayed about three months. 

Okay. And how were things during that time? 

It was good. 

And he ultimately left? 

Like what do you mean? Like? 

He didn't stay with you and your mom --

No. 

-- in 2011 after those few months? 

After those few months, that's when he left. 

Okay. And during the time that he lived with 

15 you, did he put you to bed? 

16 

17 

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25 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Yeah. 

Did he tuck you to bed? 

Yeah. 

Did he read you books? 

No. 

Did he cook dinner or breakfast? 

Yeah. 

Did he take you to school or from school? 

Yes. Yes. 

Did he take you to any activities? 

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A. 

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A. 

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To the park, I guess you could say. 

And you remember those --

Yes. 

-- events? 

Yes. 

Page 21 

Do you have any pictures of you and your mom and 

7 your dad together? 

8 

9 

A. 

Q. 

10 together? 

11 

12 

13 

14 

15 

16 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Not that I recall, no. 

Do you have any pictures of you and your dad 

When I was younger, yeah. I think so. 

And would you have those in your possession? 

No. 

Where do you think those photos might be? 

Either with -- probably with my mom, yeah. 

Okay. And in addition to your Aunt Mussalina, 

17 you have a half-brother; right? 

18 

19 

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25 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Yes. 

Muhammad? 

Yes. 

And have you met him in person? 

Yes. 

And when was the first time you met Muhammad? 

2015, yeah. 

Okay. And was that during one of the visits that 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 23 of 46
Page 22 

1 your Aunt Mussalina came to town? 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

11 

1.§_ 

19 

20 

to 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

that? 

A. 

Q. 

A. 

Q. 

~ 

Q_.,_ 

A. 

Q. 

21 Muhammad? 

22 A. 

No. It was around Thanksgiving time. 

Okay. 

He came over. 

Where did he come to? 

To my Aunt Tonya's house. 

And you said that was for Thanksgiving? 

Yeah. 

And did you spend time with Muhammad? 

Yes. 

And did you talk to Muhammad on the phone prior 

No. 

Did you talk to Muhammad on the phone since that? 

Yeah, we text a lot otherwise. 

When did you start texting? 

Recently. Since I moved with my Aunt Mussalina. 

Okay. So since May of 2019? 

Yeah. Yes. 

And how often would you say you text with 

It's on and off because he has a life too and 

23 wife and stuff like that. So it's like sometimes you 

24 text. Sometimes you don't. It just depends. 

25 Q. What do you guys text about? 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 24 of 46
1 A. 

Page 23 

We just talk. Like, we try to get to know each 

2 other a little bit more and just talk about things we are 

3 interested in and stuff like that. 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Have you seen him since? 

Yes. 

When have you seen him? 

I recently saw him at his wedding. 

Okay. And his wedding was in September? 

I think so. 

Does that sound right? 

I think so. 

Just a couple months ago? 

Yeah. 

And that was here in Arizona? 

Yes. 

And other than his wedding, when was the last 

17 time you saw him? 

18 A. That -- when I -- when he went to my aunt's house 

19 for Thanksgiving, that's --

20 

21 

22 

23 

24 

Q. 

A. 

Q. 

A. 

Q. 

In 2015? 

Yes. 

Did you see him at your dad's funeral? 

Oh, yeah. I seen him there too. 

Okay. When you went to your dad's funeral, did 

25 you spend some time with Muhammad and your Aunt Mussalina? 

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1 

2 

3 

4 

A. 

Q. 

A. 

Q. 

Page 24 

No. 

You just saw them there? 

Yes. 

Okay. Now, you mentioned that you had phone 

5 calls with your Aunt Mussalina, and that began when you 

6 were living with your Aunt Tonya? 

7 

8 

9 

10 

A. 

Q. 

A. 

Q. 

11 phone? 

Yes. 

So 2015/2016; correct? 

Yes. 

How often would you speak with Mussalina on the 

12 A. Whenever she would call about, but it wasn't a 

13 lot. But whenever she would call, I would get a chance to 

14 talk to her. 

15 

16 

17 

18 

19 

20 

21 

22 

you 

Q. 

A. 

Q. 

know? 

A. 

Q. 

A. 

Q. 

Okay. Can you guess how often it would be? 

Like once a month about. 

Okay. And for how long would you guys talk; do 

A long time. 

Like an hour? 

Yeah. 

Okay. Now, you and your Aunt Mussalina, between 

23 2016 when you were living with your Aunt Tonya, after that 

24 until your dad's funeral, had you seen your Aunt 

25 Mussalina? 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 26 of 46
1 

2 

A. 

Q. 

Page 25 

No. 

Okay. Actually your father -- yeah. 

3 After the funeral, did you spend some time with 

4 your Aunt Mussalina? 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

17 

A. 

Q. 

day 

A. 

Q. 

A. 

Q. 

A. 

Q. 

phone? 

A. 

Q. 

A. 

Q. 

No. I didn't stay the whole funeral, so, no. 

Oh, I'm talking about after the funeral, any 

Um. 

-- from 2017 to 2019? 

I don't think so, no. 

You just don't have a memory of it? 

Huh-uh. 

Okay. Did you continue talking to her on the 

Did you text with her at all? 

Did you talk to your brother at all beforehand --

19 A. No. 

Q. -- or after? 

21 Now, with your dad, what is your earliest memory 

22 of him? 

23 

24 

A. 

Q. 

Two days before he passed away. 

Okay. When he -- you remember that he lived with 

25 you in 2011? 

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1 

2 

A. 

Q. 

Page 26 

Yes. 

Okay. And since -- from 2011 until 2017, how 

3 often did you see him? 

4 A. Not often. It was kind of like a reunited-type 

5 thing when I saw him because I had a chance to. 

6 Q. Okay. From 2000 -- well, actually do you know at 

7 any time after you're born until his passing, do you know 

8 if he sent money? 

9 

10 

A. 

Q. 

11 books? 

12 

13 

14 

15 

16 

A. 

Q. 

(Nonverbal response.) 

Do you know if he sent clothing or items or 

If he had some, he did, I think. I don't know. 

You just don't know? 

THE COURT REPORTER: Is that a yes or a no? 

THE WITNESS: No. 

THE COURT REPORTER: Thank you. 

17 BY MS. STILLWELL: 

18 Q. You said that you saw your father two days before 

19 his passing? 

20 

21 

22 

A. 

Q. 

A. 

Yes. 

And how did that come about? 

I found out my mom, she went to go see him at the 

23 park a lot. And so when I found that out, I was asking 

24 her if I could go see him. 

25 Q. Okay. How did you find out your mom was visiting 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 28 of 46
Page 27 

1 him? 

2 A. Because my grandma, they went -- he went -- he 

3 went to my grandma's clinic. So then she told me, did you 

4 know that your dad was here and your mom was seeing him? 

5 And I said no. 

6 So then I asked my mom if I could go see him. 

7 Q. Okay. So your grandma's clinic, this is your 

8 mom's mom? 

9 

10 

11 

12 

A. 

Q. 

A. 

Q. 

Yes. 

And what kind of a clinic does she run? 

She went to Terros. 

Okay. And so did she tell you that she was 

13 that he was living at the park, or did your mom tell you? 

14 

15 

16 

17 

A. 

Q. 

A. 

Q. 

18 the park? 

19 

20 

21 

22 

23 

24 

25 him? 

A. 

Q. 

A. 

Q. 

A. 

Q. 

My grandma told me. 

Okay. And so you asked your mom to go? 

Yes. 

And do you know how long he had been living at 

No. 

Do you know what he had been doing --

No. 

-- for the years before that? 

No. 

Had you had any contact or communication with 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 29 of 46
A. No. 

No phone calls? 

No. 

No other visits? 

No. 

Page 28 

1 

2 

3 

4 

5 

6 

Q. 

A. 

Q. 

A. 

Q. So you said two days before his passing you went 

7 to the park? 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Yes. 

Did your mom take you? 

Yes. 

And were you able to see him? 

Yes. 

And were you able to visit with him? 

Yes. 

How long would you say you were at the park? 

Four hours exact. 

Okay. What did you guys do? 

We talked. We played, because he was at the 

19 park. We played a lot and we just hung out and stuff. 

20 Q. And how was -- how was he acting? 

21 A. Normal. 

22 Q. Was he being playful? 

23 A. Yeah. 

24 Q. Did he recognize you? 

25 A. Yes. 

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1 

2 

3 

Q. 

A. 

Q. 

4 anything? 

5 

6 

7 

8 

9 

10 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Page 29 

And he was happy to see you? 

Yes. 

And did you play on some park equipment together, 

Yes. 

And did he show you where he was living? 

Well, I kind of already had the idea. 

Okay. Did you see where he was sleeping? 

Yes. 

Okay. Do you recall ever spending any holidays 

11 or birthdays with your dad? 

12 

13 

14 

A. 

Q. 

A. 

15 either. 

16 Q. 

We don't really celebrate holidays. 

Okay. 

But birthdays, I didn't really celebrate that 

Okay. When you had the big family gatherings and 

17 like Thanksgiving at your aunt's 

18 A. Yeah, that was -- that side of the family 

19 celebrates holidays. 

20 

21 

22 

Q. 

A. 

Q. 

Okay. He wasn't at those? 

Huh-uh. 

Okay. Did you ever have any family gatherings 

23 with your dad that you remember? 

24 A. Two days before he passed away, that was kind of 

25 a family gathering, I guess. 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 31 of 46
1 Q. 

2 A. 

3 Q. 

4 A. 

5 

6 Q . 

7 

8 

9 

10 

11 

12 

A. 

Q . 

A. 

Q . 

A . 

Q. 

13 A . 

14 Q . 

15 A . 

16 

17 

18 

Q . 

A . 

Q . 

19 May 20 1 9? 

20 

21 

A. 

Q . 

22 Muhammad? 

23 A. 

Q_,_ 

And who all was -- who all was there? 

I t was me , my brother, a nd my sister. 

Okay . And who is your brother? 

And my mom . 

My brother on my mom ' s 

And what ' s his name? 

~ and A 

Say t h e last one. 

~ and A 

side . 

And A is your sister? 

Yes . 

And how do you spell ~ ? 

Okay. And A ? 

And are their last name Shaheed too? 

Yes . 

Page 30 

Did you ever live wit h your Aunt Mussalina before 

Not that I r ecall. 

Di d you ever live wi t h your half-brother, 

No . 

Did you l ive with anyone on your dad's s ide of 

the famil y? 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 32 of 46
b..:.. 

Q..:,. 

b..:.. 

Q..:,. 

Page 31 

My Aunt Tonya Davis. 

And that was for the year, year and a half? 

~ 

Okay. Do you know how long you are going to be 

staying with your Aunt Mussalina? 

7 

8 

9 

b..:.. 

Q. 

A. 

Q. 

10 happened? 

11 

12 

13 

14 

A. 

Q. 

A. 

Q. 

15 aunt? 

16 

17 

18 

19 

A. 

Q. 

A. 

Q. 

Probably a long time, about. 

When you say a long time, more than a year? 

Yes. 

Okay. Do you have any knowledge about how that 

Yes. 

What what do you know? 

What do you mean? 

That it came to be that you're staying with your 

Because I want to get adopted. 

Okay. Your mom is still living; correct? 

Yes. 

Okay. And you want to get adopted by your Aunt 

20 Mussalina? 

21 

22 

23 

24 

25 

A. 

Q. 

A. 

Q. 

A. 

Yes. 

And why is that? 

A number of things that's happened, but, yeah. 

What kind of things? 

Like, it was kind of a problem with me because I 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 33 of 46
1 kind of -- I don't really know. It doesn't really 

2 yeah. 

Page 32 

3 Q. Okay. Are those issues being resolved in court 

4 right now? 

5 

6 

7 

8 

9 

A. 

Q. 

A. 

Q. 

Yes. 

Okay. Have you had contact with your mom? 

No. 

Okay. 

MS. STILLWELL: Okay. I may not have many more 

10 questions, but we are going to take a quick break. Okay? 

11 THE VIDEOGRAPHER: We are going off the record. 

12 The time is 4:09 p.m. 

13 (A recess was taken from 4:09 p.m. until 

14 4:17 p.m.) 

15 THE VIDEOGRAPHER: We are back on the record. 

16 The time is 4:17 p.m. Thank you. 

17 BY MS. STILLWELL: 

ll A , I have just a few quick questions. 

1.2. The group home in Tempe, was that the first group 

20 home that you recall living in? 

ll 

22 ~ And prior to that, you were with your grandma or 

23 with Tonya Davis 

_Q_,_ -- is that correct? 

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l 

2 

3 

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12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Ii.,_ 

Q. 

Page 33 

Do you stil l talk to you r brothe r and sister , 

~ and A ? 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

No. 

When was the last time you spoke with them? 

Three months ago. 

Do you know where they are? 

With their mom - - o r my mom. 

With your mom currently? 

Yes. 

Okay . And you are -- sorry. 

You have not spoken to them in three months? 

Huh-uh. 

Do you p l an to speak with them in the future? 

Yes. 

Is there something about those three months? 

What do you mean? 

That caused you to not speak with t hem? 

Um. 

Why haven't you spoken to them in three months? 

Because of the case and s t uff like t hat. 

You are not allowed to speak with them? 

Basi ca l ly, yeah . I f -- yeah. 

Have you had contact with your mom? 

No . 

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1 

2 

3 

Q. 

A. 

Q. 

Page 34 

And same thing, because of the case? 

Yeah. 

When you visited your dad, did you guys happen to 

4 take any pictures while you were there? 

5 

6 

7 

8 

9 

10 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Yes, I think so. 

And where would those pictures be? 

My mom. 

Your morn has them? 

Yeah. 

Okay. When you visited your dad, did you notice 

11 whether he had a dog with him? 

12 

13 

14 

15 

16 

17 A. 

18 

A. 

Q. 

A. 

Q. 

Yes. 

And do you remember the dog's name? 

No. 

Okay. 

MS. STILLWELL: I have no further questions, 

19 EXAMINATION 

20 BY MR. CHAMI: 

21 

22 

23 

24 

25 

Q. 

A. 

Q. 

A. 

~, I have got a few questions for you. 

Is that okay? 

Yes. 

How old are you,~-? 

13. 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 36 of 46
1 Q. 

Page 35 

So I think earlier you testified that you had 

2 lived with your Aunt Tonya Davis in 2015/2016 time frame? 

3 

4 

5 

6 

A. 

Q. 

A. 

Q. 

Yes. 

How old were you back in 2015? 

Eight or nine, about. 

And I think you testified that you would see your 

7 Aunt Mussalina when she would come visit from Georgia? 

8 

9 

10 

11 

A. 

Q. 

A. 

Q. 

Yes. 

Do you know when Mussalina moved to Arizona? 

No. 

Okay. So if Mussalina moved to Arizona in 2014, 

12 is it possible that you may have been seeing her in one of 

13 your visits to your Aunt Tonya Davis? 

14 

15 

A. 

Q. 

Yes. 

How many times did you live with your -- well, 

16 say the word live. 

17 How often would your mom leave you with your 

18 with your Aunt Tonya Davis for about a week or so? 

19 

20 

A. 

Q. 

Often. 

And are you positive that you lived with your 

21 Aunt Tonya Davis in 2015? Could it have been earlier? 

22 

23 

24 

25 

A. 

Q. 

A. 

Q. 

I don't know. Maybe. Yeah. 

Okay. Is it possible that it was 2015 and 2016? 

Yes. 

I want to ask you just a little bit about some of 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 37 of 46
Page 36 

1 the things that have happened to you since your dad's life 

2 was taken. Okay? 

3 MS. STILLWELL: Objection. Form. 

4 BY MR. CHAMI: 

5 Q. Can you tell me how you felt the day you saw your 

6 father in January of 2017? 

7 

8 

A. 

Q. 

Happy. 

And I know it's hard, but if you can just say or 

9 tell us how you have reacted to his death. 

10 A. Depression came in after that. And then I 

11 started cutting myself after that and then tried 

12 committing suicide after that. 

13 Q. Did you ever have to go to the hospital because 

14 of these incidents? 

15 

16 

17 

18 

19 

20 

21 

22 

23 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

24 about. 

25 Q. 

Yes. 

I'm sorry? 

Yes. 

How many times have you been to the hospital? 

Once. 

Did you have to stay at the hospital? 

Yes. 

For how long? 

I stayed for two, three weeks. Three weeks 

What were you in the hospital for? 

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1 

2 

A. 

Q. 

Page 37 

Depression, anxiety, being -- self-harm issues. 

Had you ever had any self-harm issues before your 

3 father was killed? 

4 

5 

6 

7 

A. 

Q. 

A. 

Q. 

No. 

Do you know what hospital you went to? 

Yes. 

What hospital was that? Or at least where was 

8 it, if you know? 

9 A. It was a crisis, but it was a -- I forget the 

10 name of it. It was -- I don't remember. 

11 

12 

13 

14 

15 

16 

17 

18 

19 

you? 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

Do you know where it was? 

No. 

Do you know if your Aunt Mussalina knows? 

Probably, yeah. 

Have you stopped cutting yourself? 

Yes. 

You said your Aunt Mussalina is trying to adopt 

And when Ms. Stillwell was asking you why you 

21 haven't seen your brother and sister and she said it was 

22 about the case, were you talking about the custody case or 

23 are you talking about this case? 

24 

25 

A. 

Q. 

The custody case. 

Okay. I just wanted to make sure. 

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1 

2 

3 

4 

5 

6 

7 

A. 

Q. 

A. 

Q. 

A. 

Q. 

8 know? 

9 

10 

11 

A. 

I remember the hospital name. 

What's it --

St. Luke's. 

St. Luke's. 

Page 38 

Do you know when you were in the hospital? 

Last year. 

Is that 2018 or was it earlier this year; do you 

2018, yeah. 

MR. CHAMI: I don't have any further questions. 

12 FURTHER EXAMINATION 

13 BY MS. STILLWELL: 

14 

15 

16 

17 

18 

19 

Q. 

A. 

Q. 

A. 

Q. 

20 home? 

21 

22 

23 

24 

25 

A. 

Q. 

A. 

Q. 

A. 

I have just a couple quick follow-ups, ~-

You said you were at St. Luke's? 

Yes. 

Okay. And that was in 2018? 

Yes. 

Was that while you were residing at the group 

Wait. What? 

Was that when you were living at the group home? 

No. 

Where were you living at that time? 

I was living with my grandma. 

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1 

2 

3 

Q. 

A. 

Q. 

Page 39 

On your mom's side? 

Yes. 

Was there anything else going on in your life at 

4 that time? 

5 

6 

A. 

Q. 

No. Like what do you mean? Like? 

Was there -- because you have bounced, gone to 

7 different residences with your grandma or your aunt and 

8 then the group home. 

9 Was there anything like that happening with your 

10 mom and you? 

11 

12 

13 

A. 

Q. 

A. 

Like moving around? 

Uh-huh. 

Yeah. We all moved -- like different houses, 

14 yeah. That 1 s -- what do you mean? 

15 Q. When you were living with your grandma you said 

16 in 2018 

17 

18 

19 

20 

21 

22 

23 

24 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

25 correct? 

Yes. 

-- when this happened? 

Yes. 

Was your mom living with you? 

Yes. 

And was your sister and brother? 

Yes. 

And this was because you were cutting; is that 

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1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Q. 

A. 

Because of what? 

That you were cutting? 

Like? 

You said it was depression and anxiety? 

Yes. 

Okay. And self-harm? 

Yes. 

Are you still in treatment? 

Something like that, yeah. 

Do you still see someone? 

Yes. 

Who do you see? 

My therapist. 

Who is your therapist? 

Page 40 

I just got a new one. I don't know her name yet 

16 because we are still doing, like, intake kind of things, 

17 still getting to know each other. 

18 

19 

20 

21 

22 

23 

Q. 

A. 

Q. 

A. 

Q. 

Do you know what business or clinic it is? 

Southwest. 

Southwest. 

Is it Southwest Behavioral? 

Yes. 

And the therapist before that, do you remember 

24 who that was? 

25 A. Nicole. Her name is Nicole. 

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1 

2 

3 

Q. 

A. 

Q. 

Do you remember her last name? 

No. 

Page 41 

Do you remember is that also with Southwest 

4 Behavioral? 

5 

6 

7 

8 

9 

10 

A. 

Q. 

A. 

Q. 

A, 

Q. 

No. 

Do you 

JFCS. 

What is 

Jewish 

Okay. 

remember who she 

JFCS? 

Family something 

And who put you 

was with? 

services. I don't know. 

in contact with those 

11 therapists? 

12 

13 

A. 

Q. 

The crisis line and my case manager. 

And when you talk about your case manager, you 

14 are talking about the custody case with your mom? 

15 

16 

A. 

Q. 

Yes. 

Okay. And in 2018, did you have a case manager 

17 at that time? 

18 

19 

20 

A. 

Q. 

Yes. 

Okay. 

MS. STILLWELL: I have no further questions. 

21 Thank you, A 

22 

23 

24 

25 

of A 

MR. CHAMI: Nothing further. 

THE VIDEOGRAPHER: This concludes the deposition 

Muhaymin. The time is 4:27 p.m. 

(The videotaped deposition concluded at 

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Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 43 of 46
Page 42 

1 4:27 p.m.) 

2 MR. CHAMI: We will not read and sign but I will 

3 order an e-tran. 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

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(TIME NOTED: 4:27 p.m.) 

(Waived signature.) 

J>alll MUHAYMIN 

MARICOPA REPORTING 

WWW.MARICOPAREPORTING.COM 

Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 44 of 46
1 CERTIFICATE OF REPORTER 

2 STATE OF ARIZONA 

3 COUNTY OF MARICOPA 

4 

Page 43 

5 I, Kate E. Roundy, a Certified Reporter in the 

State of Arizona, do hereby certify that the foregoing 

6 deposition was taken before me in the County of Maricopa, 

State of Arizona; that an oath or affirmation was duly 

7 administered to the witness, A••• MUHAYMIN, pursuant to 

A.R.S. 41-324(8); that the questions propounded to the 

8 witness and the answers of the witness thereto were taken 

down by me in shorthand and thereafter reduced to 

9 typewriting; that the transcript is a full, true, and 

accurate record of the proceeding, all done to the best of 

10 my skill and ability; and that the preparation, 

production, and distribution of the transcript and copies 

11 of the transcript comply with the Arizona Revised Statutes 

and ACJA 7-206(j) (1) (g) (1) and (2). 

12 The witness herein, Aa•• MUHAYMIN, has 

requested signature. 

13 I FURTHER CERTIFY that I am in no way related to 

any of the parties, nor am I in any way interested in the 

14 outcome hereof. 

15 

16 IN WITNESS WHEREOF, I have set my hand in my 

office in the County of Maricopa, State of Arizona, this 

17 19th day of December, 2019. 

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Kate E. Roundy, RPR 

Certified Reporter 50582 

Maricopa Reporting, Inc. 

24 Registered Reporting Firm No. R1081 

25 

MARICOPA REPORTING 

WWW.MARICOPAREPORTING.COM 

Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 45 of 46
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3 

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CERTIFICATE OF INVOICE 

SUPERIOR COURT OF ARIZONA 

COUNTY OF MARICOPA 

Page 44 

In compliance with and under ACJA 7-206(J) (g) (3) 

5 through (6), we certify that: 

6 All billing and invoicing to all the parties 

related in any manner to the reporting of the proceedings 

7 or cases and the production of the transcript and any 

products or services ancillary thereto comply with the 

8 Arizona Revised Statutes and ACJA; 

9 All financial terms and other services have been 

offered on the same terms to all parties to the 

10 litigation; 

11 Each party was able to purchase the transcript 

and such ancillary services as requested by that party 

12 without regard to the ancillary services purchased by any 

party: And 

13 

No economic or other benefit was given by the 

14 certified reporter to any party or their attorney, 

representative, agent, or insurer or insured that was not 

15 provided to the other parties, attorneys, or insured in 

the same case. 

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Maricopa Reporting, Inc. 

Kate E. Roundy, RPR 

Certified Reporter 50582 

24 Registered Reporting Firm No. 1081 

25 

MARICOPA REPORTING 

WWW.MARICOPAREPORTING.COM 

Case 2:17-cv-04565-DLR Document 382-9 Filed 11/30/21 Page 46 of 46