LODGED 

PROPOSED

Doc. 292-2

 (redacted)

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 1 of 134
EXHIBIT A 

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 2 of 134
In The Matter Of: 

Mussalina Muhaymin v. 

City of Phoenix 

Antonio Tarango 

July 31, 2019 

Valley Court Reporting, LLC 

4802 East Ray Road, Suite 23-200 

Phoenix, AZ 85 044 

(602) 710-1148 

www.valleycr.com 

1\/lin-U-Script® 

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 3 of 134
Valley Court Reporting, LLC

www.valleycr.com

 UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF ARIZONA

 Mussalina Muhaymin, )

 )

 Plaintiff, )

 )

 vs. ) Civil Action No.

 ) CV-17-04565-PHX-SMB

 City of Phoenix, et al., )

 )

 Defendants. )

 ________________________________ )

 VIDEOTAPED DEPOSITION OF ANTONIO TARANGO

 Scottsdale, Arizona

 July 31, 2019

 2:17 p.m.

 PREPARED FOR:

 (COPY)

 PREPARED BY:

 SHERYL L. HENKE, RPR

 Arizona CCR No. 50745

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 4 of 134
Valley Court Reporting, LLC

www.valleycr.com

2

 

 1 I N D E X

 

 2 E X A M I N A T I O N

 

 3 PAGE

 ANTONIO TARANGO

 4

 EXAMINATION BY MR. FARAJ 5

 5

 EXAMINATION BY MS. STILLWELL 97

 6

 FURTHER EXAMINATION BY MR. FARAJ 119

 7

 FURTHER EXAMINATION BY MS. STILLWELL 125

 8

 FURTHER EXAMINATION BY MR. FARAJ 129

 9

 

10

 

11 E X H I B I T S

 

12

 

13 1 Officer Grenier's body cam video 80

 

14 2 Diagram, Bates stamped COP 000147 80

 

15 3 Diagram, Bates stamped COP 000148 80

 

16 4 City of Phoenix, Arizona Notice of 80

 Inquiry dated 1/24/17, Bates stamped

17 COP 011510 - COP 011517

 

18 5 City of Phoenix, Arizona Notice of 80

 Inquiry dated 2/7/17, Bates stamped

19 COP 011514 - COP 011517

 

20 6 Brochure entitled "Phoenix Mayor's 92

 Commission On Disability Issues,"

21 Bates stamped COP 011518 - COP 011519

 

22 7 Incident Report, Bates stamped 101

 COP 011239 - COP 011246

23

 

24

 

25

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 5 of 134
Valley Court Reporting, LLC

www.valleycr.com

3

 

 1 THE VIDEOTAPED DEPOSITION OF ANTONIO TARANGO

 

 2

 

 3 taken at 2:17 p.m. on July 31, 2019, at the law offices

 

 4 of Price Law Group, APC, 8245 North 85th Way,

 

 5 Scottsdale, Arizona, 85258, before SHERYL L. HENKE, a

 

 6 Certified Reporter, #50745, in and for the State of

 

 7 Arizona.

 

 8

 

 9 A P P E A R A N C E S

 

10

 

11 FOR THE PLAINTIFF:

 

12 PRICE LAW GROUP, APC

 BY: DAVID CHAMI, ESQ.

13 BETH K. FINDSEN, ESQ.

 8245 North 85th Way

14 Scottsdale, Arizona 85258

 

15 THE LAW OFFICE OF HAYTHAM FARAJ

 BY: HAYTHAM FARAJ, Esq.

16 1935 W. Belmont Avenue

 Chicago, Illinois 60657

17

 

18 FOR THE DEFENDANTS:

 

19 O'CONNOR & CAMPBELL

 BY: KAREN STILLWELL, ESQ.

20 7955 South Priest Drive

 Tempe, Arizona 85285

21

 Also present: William Marinakis, Videographer

22 Tiffany Gill

 

23

 

24

 

25

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 6 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 4

 

 1 THE VIDEOGRAPHER: We are on the record.

 

 2 Today's date is Wednesday, July 31, 2019. The time on

 

 3 the video monitor is 2:17 p.m.

 

 4 This is the video-recorded deposition of

 

 5 Antonio Tarango noticed by counsel for the plaintiff in

 

 6 the matter of Mussalina Muhaymin versus City of

 

 7 Phoenix, et al., in the United States District Court,

 

 8 excuse me, for the District For Arizona, Case No.

 

 9 CV-17-04565-PHX-SMB.

 

10 The location today is the Price Law Group

 

11 in Scottsdale, Arizona.

 

12 The certified court reporter is Sheryl

 

13 Henke of Valley Court Reporters located at 4802 East

 

14 Ray Road, Suite 23-200, Phoenix, Arizona, 85044.

 

15 My name is William Marinakis. I'm the

 

16 certified legal video specialist for the firm of

 

17 VideoDep, Incorporated, also located in Phoenix,

 

18 Arizona.

 

19 Counsel, will you please identify

 

20 yourselves and state whom you represent for the record

 

21 at this time, please, starting with plaintiff's

 

22 counsel.

 

23 MR. FARAJ: Good afternoon. My name is

 

24 Haytham Faraj, and I'm here on behalf of the plaintiff.

 

25 MR. CHAMI: David Chami also here on

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 7 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 5

 

 1 behalf of the plaintiff.

 

 2 MS. FINDSEN: Beth Findsen on behalf of

 

 3 the plaintiff.

 

 4 MS. STILLWELL: Karen Stillwell on behalf

 

 5 of City of Phoenix and Antonio Tarango.

 

 6 THE VIDEOGRAPHER: Thank you, counsel.

 

 7 For the record also in attendance today is Tiffany

 

 8 Gill.

 

 9 The witness may be sworn in at this time,

 

10 please.

 

11

 

12 ANTONIO TARANGO,

 

13 a witness herein, having been first duly sworn by the

 

14 Certified Reporter to speak the truth and nothing but

 

15 the truth, was examined and testified as follows:

 

16

 

17 EXAMINATION

 

18 BY MR. FARAJ:

 

19 Q. Good afternoon, Mr. Tarango.

 

20 A. Good afternoon.

 

21 Q. Are you represented by counsel?

 

22 A. Yes.

 

23 Q. And is this your counsel?

 

24 A. Yes.

 

25 Q. Okay. Ms. Stillwell?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 8 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 6

 

 1 A. Yes.

 

 2 Q. Are you represented by anyone else?

 

 3 A. No.

 

 4 Q. Okay. You don't have an independent lawyer?

 

 5 A. No.

 

 6 MS. STILLWELL: And Mr. Faraj, I'm sorry

 

 7 to throw you off. Similar to our other depositions, I

 

 8 just want to get on the record that we are going to

 

 9 tentatively label this as confidential under the

 

10 protective order that we have in place. And you will

 

11 give us the 30 days to designate.

 

12 MR. FARAJ: Okay. So I agree that the

 

13 protective order applies to all -- to everything we're

 

14 doing in this case. It's on you to label things

 

15 confidential. I don't think you can label the entire

 

16 deposition confidential.

 

17 MS. STILLWELL: No. And Mr. Faraj,

 

18 consistent with our previous depositions, this is now

 

19 number 4, we have agreed that we will tentatively hold

 

20 that and you'll give us the 30 days to identify,

 

21 correct?

 

22 MR. FARAJ: I don't object to that. I

 

23 thought you said we're going to label it confidential

 

24 which creates a problem. You'll have an opportunity to

 

25 look at it and label the portions that you deem are

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 9 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 7

 

 1 confidential, confidential.

 

 2 MS. STILLWELL: Yes, sir.

 

 3 MR. FARAJ: Thank you.

 

 4 BY MR. FARAJ:

 

 5 Q. With that, sir, I'm sure you've been

 

 6 instructed on what a deposition is by Ms. Stillwell?

 

 7 A. Yes.

 

 8 Q. And she's probably provided you some

 

 9 procedural rules?

 

10 A. Yes.

 

11 MS. STILLWELL: Objection to the extent

 

12 you're getting into our conversations, sir.

 

13 BY MR. FARAJ:

 

14 Q. Okay. Do you feel like you would like me to

 

15 cover, to tell you the rules of the deposition, or do

 

16 you feel like you can proceed without those

 

17 admonitions?

 

18 A. I feel like I can proceed.

 

19 Q. Great. One of the things that you can do at

 

20 the end of this deposition is you'll have a chance to

 

21 review the transcript. The court reporter is taking

 

22 everything we say down. You'll have a chance to review

 

23 it, and you'll have a chance to make corrections.

 

24 A. How much time do I get for that?

 

25 Q. 30 days from the time it's produced. Okay.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 10 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 8

 

 1 Most people don't have corrections. Sometimes they

 

 2 miss a word here and there. Sometimes people decide to

 

 3 change their testimony. You can do whatever you want.

 

 4 I will admonish you that any substantive changes, big

 

 5 changes to your testimony, for example, if this was

 

 6 about whether a light was green or red, and you testify

 

 7 it's green, and then you change your testimony to red

 

 8 later, that could call your credibility into question.

 

 9 Do you understand?

 

10 A. Yes.

 

11 Q. Okay. So you have a right to make changes,

 

12 but I just wanted to give you that admonishment. And I

 

13 say that so that you are giving us your best testimony

 

14 today. So that you don't have to change it later.

 

15 Does that make sense?

 

16 A. Mm-hm. Yes.

 

17 Q. With that, if I ask a question that you're not

 

18 absolutely sure about what I mean, just say can you

 

19 repeat it, or restate it, or however you want to say

 

20 that. Okay?

 

21 A. Okay.

 

22 Q. Once you answer, I will assume that you

 

23 understood my question, and I'll also assume that your

 

24 answer is the correct one for my question. Okay?

 

25 A. Okay.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 11 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 9

 

 1 Q. Not trying to be complicated.

 

 2 A. Yeah.

 

 3 Q. Just because everything is getting taken down,

 

 4 I wanted to give you some overview of the deposition.

 

 5 Okay?

 

 6 A. Okay.

 

 7 Q. All right. How old are you today?

 

 8 A. 47.

 

 9 Q. What is your date of birth?

 

10 A. .

 

11 Q. Are you married?

 

12 A. Yes.

 

13 Q. How long have you been married?

 

14 A. Nine years.

 

15 Q. Is this your first marriage?

 

16 A. Yes.

 

17 Q. Do you have children?

 

18 A. Yes.

 

19 Q. How many children do you have?

 

20 MS. STILLWELL: Objection, relevance.

 

21 BY MR. FARAJ:

 

22 Q. You can answer.

 

23 A. Two.

 

24 Q. Okay. I don't need to know their names, but

 

25 what are their ages?

-

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 12 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 10

 

 1 A. Seven and five.

 

 2 Q. Okay. Have you always been a resident of

 

 3 Arizona?

 

 4 A. I moved to Arizona when I was two years old,

 

 5 or my parents moved but --

 

 6 Q. Where did you move from, sir?

 

 7 A. Lordsburg, New Mexico.

 

 8 Q. Okay. Did your parents when they moved here,

 

 9 do you know if they moved to the Phoenix general area

 

10 or was it somewhere else?

 

11 A. Thatcher, Arizona.

 

12 Q. Okay. Do you recall when you moved to the

 

13 Phoenix general area the first time?

 

14 A. 1990.

 

15 Q. Okay. Have you ever been arrested?

 

16 A. Yes.

 

17 Q. How many times have you been arrested?

 

18 A. Um, three.

 

19 Q. Tell me the reasons you were arrested those

 

20 three times.

 

21 MS. STILLWELL: Objection, relevance.

 

22 MR. FARAJ: You --

 

23 MS. STILLWELL: Form. I know you have

 

24 a --

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 13 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 11

 

 1 Q. The lawyers -- the lawyers will make

 

 2 objections and that's their right to create a record.

 

 3 You will still answer unless she says do not answer.

 

 4 Okay, so you'll hear an objection, continue to wait for

 

 5 her to be done to make the record. Okay. But then you

 

 6 can answer after that, unless you're instructed not to

 

 7 answer.

 

 8 MS. STILLWELL: You may answer.

 

 9 THE WITNESS: Okay. Once for a DUI and

 

10 then once for -- I don't remember exactly what the

 

11 charge was for, but we went to a bar. And some of my

 

12 friends and I got into a fight. And then the third

 

13 time was we had -- we were walking. We had went to a

 

14 party and we slapped a sign. The police officer saw us

 

15 and came up and questioned us.

 

16 BY MR. FARAJ:

 

17 Q. Questioned or arrested you?

 

18 A. We were placed in a paddy wagon or whatever

 

19 it's called.

 

20 Q. For slapping a sign?

 

21 A. Yes. Well, we had been drinking.

 

22 Q. Okay.

 

23 A. Yeah.

 

24 Q. More than that?

 

25 A. No.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 14 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 12

 

 1 Q. That's it?

 

 2 A. Yeah. To my knowledge, yes.

 

 3 Q. Okay.

 

 4 A. What I remember.

 

 5 Q. And so you were put in a paddy wagon. Were

 

 6 you taken to the police station?

 

 7 A. Yes.

 

 8 Q. And you were booked?

 

 9 A. I don't remember if we were booked.

 

10 Q. All right. Was that in Phoenix?

 

11 A. Tempe.

 

12 Q. Okay. When was the last time you were

 

13 arrested?

 

14 A. I don't remember when those two other

 

15 incidents happened, but I do remember that the DUI was

 

16 in 1990.

 

17 Q. Is that the last time?

 

18 A. That I remember, yes.

 

19 Q. Okay. So the two other incidents were before

 

20 that?

 

21 A. Either before or around that time in 1990.

 

22 Q. Okay. Have you ever been sued before?

 

23 MS. STILLWELL: Form. Go ahead.

 

24 THE WITNESS: Not to my knowledge, no.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 15 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 13

 

 1 Q. Okay. You are -- you have a bachelor's

 

 2 degree --

 

 3 A. Yes.

 

 4 Q. -- from ASU; is that right?

 

 5 A. Yes.

 

 6 Q. And it's in social work, right?

 

 7 A. Yes.

 

 8 Q. Do you have any social work certifications,

 

 9 like licensed clinical social worker, anything of that

 

10 nature?

 

11 A. I do not.

 

12 Q. Do you have any certifications related to

 

13 social work whatsoever?

 

14 A. I do not.

 

15 Q. When did you graduate?

 

16 A. 2004.

 

17 Q. Do you have some post-secondary, post-graduate

 

18 education too, or just a BA?

 

19 A. Just a BA.

 

20 Q. Okay. Do you have any formal education aside

 

21 from university-type education?

 

22 MS. STILLWELL: Form.

 

23 THE WITNESS: Can you repeat the

 

24 question. I'm sorry.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 16 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 14

 

 1 Q. Yeah. Do you have any formal education

 

 2 besides the university-type education? Have you been

 

 3 -- have you undergone any training for trades, or

 

 4 certificates, or licenses, anything of that nature,

 

 5 besides a driver's license?

 

 6 A. No.

 

 7 Q. Sir, you understand that we're here because of

 

 8 the incident that took place on January -- January 4,

 

 9 2017, correct?

 

10 A. Yes.

 

11 Q. With Mr. Muhaymin, an African American

 

12 gentleman that you interacted with that day. Are you

 

13 aware of that?

 

14 A. Yes.

 

15 Q. Okay. And you're aware that we've named you

 

16 -- we've named you in a lawsuit in that case?

 

17 A. Yes.

 

18 Q. Okay. The location where this incident took

 

19 place, what is that known as?

 

20 A. The Maryvale Community Center.

 

21 Q. Okay. And you're aware that the gentleman

 

22 died later?

 

23 A. Yes.

 

24 Q. I'm primarily going to be concerned with your

 

25 involvement, which was mainly inside, okay. So when I

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 17 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 15

 

 1 say the place, I'm referring to the location where you

 

 2 work, okay?

 

 3 A. Okay.

 

 4 Q. I'm not going to ask you questions about what

 

 5 happened outside. You had nothing to do with that as I

 

 6 understand. Right?

 

 7 A. Yes.

 

 8 Q. Okay. So Maryvale Community Center, does

 

 9 Maryvale Community Center also include the library?

 

10 MS. STILLWELL: Foundation.

 

11 BY MR. FARAJ:

 

12 Q. Is there a library?

 

13 A. There is.

 

14 Q. Does that include -- is that part of the

 

15 Maryvale Community Center?

 

16 MS. STILLWELL: Form and foundation.

 

17 THE WITNESS: It is not.

 

18 BY MR. FARAJ:

 

19 Q. Okay. What is your role at the Maryvale

 

20 Community Center?

 

21 A. I'm a recreation coordinator 3.

 

22 Q. What does that mean?

 

23 A. It means I supervise the facility, the staff.

 

24 Q. Are you the most senior person in charge of

 

25 the center?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 18 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 16

 

 1 A. Yes.

 

 2 Q. And did you say 3, recreation coordinator 3?

 

 3 A. Yes.

 

 4 Q. What does the 3 stand for?

 

 5 A. It's just a step. So a full-time position

 

 6 that the parks and rec department have are, the entry

 

 7 level's a programmer, and then a recreation coordinator

 

 8 2, and a recreation coordinator 3, and a deputy, then

 

 9 assistant deputy and then the director.

 

10 Q. Okay. But just to be clear, at the Maryvale

 

11 Community Center you are the highest person in the

 

12 chain, --

 

13 MS. STILLWELL: Form and foundation.

 

14 BY MR. FARAJ:

 

15 Q. -- correct?

 

16 A. Yes.

 

17 Q. Okay. Who do you report to?

 

18 A. My recreation supervisor.

 

19 Q. Okay. And who is the recreation supervisor?

 

20 A. Jan Sherwood.

 

21 Q. Was Jan Sherwood the recreation supervisor in

 

22 January of 2017?

 

23 A. Yes.

 

24 Q. Where does Jan Sherwood work?

 

25 A. She offices out of La Prada park or yard.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 19 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 17

 

 1 Q. Could you spell that, please?

 

 2 A. It's L-A, P-R-A-D-A. So it's La Prada.

 

 3 Q. Okay. Park?

 

 4 A. So it's at the park, but it's the northwest

 

 5 division office.

 

 6 Q. Got it. Is it true that you were hired by the

 

 7 rec -- parks and recreation department in 2010?

 

 8 A. Yes. I can't remember exactly, 'cause I

 

 9 worked and then left and came back.

 

10 Q. Got it. Well, let me correct that. Were you

 

11 a level -- were you just a recreation coordinator at

 

12 some point, not a level 2 or 3?

 

13 A. It would be a recreation coordinator 2.

 

14 Q. 2. Okay. And when you were a recreation

 

15 coordinator 2, where were you -- where did you work,

 

16 where were you located?

 

17 A. The South Mountain Community Center.

 

18 Q. So when you were hired at Maryvale, were you

 

19 hired as a level 2 or level 3?

 

20 A. I was just promoted to a recreation

 

21 coordinator 3.

 

22 Q. When you say "just," you mean recently?

 

23 A. Yes.

 

24 Q. Okay. When, do you recall?

 

25 A. I think it was in August of that year.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 20 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 18

 

 1 Q. Okay. So 2017?

 

 2 A. Yes.

 

 3 Q. Okay. I'm trying to understand. So when you

 

 4 were a recreation coordinator 2, was someone in charge

 

 5 of you at the Maryvale center or were you still the

 

 6 most senior person in charge?

 

 7 A. I was the recreation coordinator 2 at the

 

 8 South Mountain Community Center.

 

 9 Q. Okay.

 

10 A. And there was a rec coordinator 3 that

 

11 supervised me.

 

12 Q. Okay.

 

13 A. And I was promoted to the Maryvale Community

 

14 Center. And then I was the rec coordinator 3 at the

 

15 Maryvale Community Center.

 

16 Q. Okay. I think I understand. So you got the

 

17 promotion and went over to take Maryvale Community

 

18 Center?

 

19 A. Yes.

 

20 Q. Okay. That would have had to have happened

 

21 before January 2017 if you were there in 2017 for this

 

22 incident, right?

 

23 A. Yes.

 

24 Q. Okay. What are your job duties, or what were

 

25 your job duties as a recreation coordinator 3 in

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 21 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 19

 

 1 January of 2017?

 

 2 A. Supervise the staff, the facility, the

 

 3 programs that are being offered.

 

 4 Q. Okay. What type of programs do they offer, or

 

 5 do you offer?

 

 6 MS. STILLWELL: Form.

 

 7 THE WITNESS: Ballet, karate, basketball,

 

 8 tumbling.

 

 9 BY MR. FARAJ:

 

10 Q. Is there any AA meetings?

 

11 A. There's not, or there was not.

 

12 Q. Any type of counseling programs that are

 

13 offered at the center?

 

14 A. Not that I can recall.

 

15 Q. Is the center free, or is it a membership fee

 

16 for membership-type facility?

 

17 A. It's a fee for a membership.

 

18 Q. What is the fee for a membership?

 

19 A. It's $20 for the year for an adult.

 

20 Q. And for the $20 what does the person get?

 

21 A. They're able to use -- well, they're able to

 

22 register for classes that are offered in the community

 

23 center, or by the community center for another charge.

 

24 So it's just the membership card.

 

25 Q. Do they have a gym, do you all have a gym?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 22 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 20

 

 1 A. Yes, we do have a gym.

 

 2 Q. And would members be able to access the gym

 

 3 for the $20?

 

 4 A. During the designated times.

 

 5 Q. Okay. Do you have a program where indigent

 

 6 members of the community can get access without paying

 

 7 a fee?

 

 8 A. Can you explain to me what indigent means.

 

 9 Q. Yes. If someone is unable to pay the $20 fee

 

10 because of their financial circumstances, they're poor

 

11 or they're under -- you know, underemployed, is there a

 

12 program where people can get membership for a nominal

 

13 or no fee? I guess $20 for a year is pretty nominal,

 

14 but is there a no fee option?

 

15 A. There is not.

 

16 Q. Would you characterize the center as a public

 

17 facility?

 

18 MS. STILLWELL: Form, foundation.

 

19 BY MR. FARAJ:

 

20 Q. You can answer.

 

21 A. Yes.

 

22 Q. Is it owned by the City of Phoenix?

 

23 MS. STILLWELL: Same objections.

 

24 THE WITNESS: I don't -- I'm assuming

 

25 that it is. I don't --

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 23 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 21

 

 1 BY MR. FARAJ:

 

 2 Q. Who do you get paid by?

 

 3 A. The City of Phoenix.

 

 4 Q. And you're not sure who owns the center?

 

 5 A. No, I don't.

 

 6 Q. Are your supervisors employees of the City of

 

 7 Phoenix as well?

 

 8 A. Yes.

 

 9 Q. Are you an employee of the City of Phoenix?

 

10 A. I am.

 

11 Q. On January 4, 2017 do you -- do you recall

 

12 what time you started work?

 

13 A. I don't remember.

 

14 Q. Were you working when Mr. Muhaymin first

 

15 walked into the center?

 

16 A. Yes.

 

17 Q. Do you recall seeing him when he walked in?

 

18 A. No.

 

19 Q. When is the first time that you noted visually

 

20 Mr. Muhaymin's presence in the center --

 

21 A. The day --

 

22 Q. -- on January 4, 2017?

 

23 A. When I came out of my office, I was told that

 

24 he was -- or he had entered, and I came out of my

 

25 office.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 24 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 22

 

 1 Q. What exactly were you told?

 

 2 A. That he was here with the dog.

 

 3 Q. Who told you that?

 

 4 A. I can't remember.

 

 5 Q. Male or female?

 

 6 A. It was a female.

 

 7 Q. Employee or non-employee?

 

 8 A. I think it was one of the maintenance or

 

 9 cleaning staff.

 

10 Q. So is she an employee?

 

11 MS. STILLWELL: Form and foundation.

 

12 THE WITNESS: It's a contracted employee.

 

13 BY MR. FARAJ:

 

14 Q. Okay. And as you were thinking back on it, do

 

15 you have the image of that person in mind?

 

16 A. I can't remember 100 percent.

 

17 Q. Okay. Who are the female maintenance staff?

 

18 Who is the --

 

19 A. Isabel.

 

20 Q. Okay. Anyone else?

 

21 A. As far as maintenance staff, no.

 

22 Q. Okay. So as you sit here today, it may have

 

23 been Isabel; is that your recollection?

 

24 A. I'm not 100 percent sure, but yes.

 

25 Q. Okay. When you sit in your office, are you

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 25 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 23

 

 1 able to view the monitors that provide the image that

 

 2 the cameras see in the center?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: No.

 

 5 BY MR. FARAJ:

 

 6 Q. Where are -- where are the images communicated

 

 7 to?

 

 8 A. They're not communicated.

 

 9 Q. Where are the images stored?

 

10 A. They're not stored.

 

11 MS. STILLWELL: Foundation.

 

12 BY MR. FARAJ:

 

13 Q. What happens to the -- you do have cameras at

 

14 the Maryvale Community Center?

 

15 MS. STILLWELL: Form, foundation. Go

 

16 ahead. Go ahead.

 

17 THE WITNESS: There are cameras there,

 

18 but they don't work.

 

19 BY MR. FARAJ:

 

20 Q. How do you know they don't work?

 

21 A. Because they don't work. And I've -- or we

 

22 have looked into getting them repaired.

 

23 Q. When were the cameras installed, if you know?

 

24 A. I don't know.

 

25 Q. Did the cameras ever work when you were there?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 26 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 24

 

 1 A. No.

 

 2 Q. If you know, when the cameras did work, where

 

 3 would the images be displayed or stored?

 

 4 A. I couldn't say, because they weren't working

 

 5 when I got there.

 

 6 Q. As the -- as the director of the center, why

 

 7 didn't you just take them down if they don't work?

 

 8 MS. STILLWELL: Form.

 

 9 THE WITNESS: I didn't -- I wouldn't have

 

10 anything to do with that.

 

11 BY MR. FARAJ:

 

12 Q. Is there a reason why you didn't get them

 

13 repaired, to call a repair facility and have them

 

14 repaired, or looked into at least?

 

15 MS. STILLWELL: Same objection.

 

16 BY MR. FARAJ:

 

17 Q. You can answer everything unless she says

 

18 don't answer.

 

19 A. Okay. Sorry. So we got a quote. I gave it

 

20 to my supervisor, and they weren't repaired.

 

21 Q. Okay. Just to be clear, my questions all at

 

22 this point refer to 2017, January 2017. Right. So

 

23 we're talking about January 2017. And as I understand

 

24 your testimony, they did not work at that time?

 

25 A. The cameras at the community center did not.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 27 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 25

 

 1 Q. Yes. When Isabel communicated whatever she

 

 2 did to you that caused you to come out of your office,

 

 3 do you remember that testimony you just gave me?

 

 4 A. Yes.

 

 5 Q. What specifically did she say?

 

 6 A. The guy with the dog is here.

 

 7 Q. And what did that mean to you?

 

 8 A. It meant that the guy with the dog was there.

 

 9 Q. Okay. I asked a bad question, and I got a

 

10 response that wasn't much better. The guy, how did you

 

11 know, how would you know who the guy is?

 

12 MS. STILLWELL: Form.

 

13 THE WITNESS: From the incidents prior to

 

14 that.

 

15 BY MR. FARAJ:

 

16 Q. Okay. And so when she said "the guy with the

 

17 dog," did that mean something to you?

 

18 MS. STILLWELL: Form.

 

19 THE WITNESS: It meant that he was there.

 

20 BY MR. FARAJ:

 

21 Q. Okay. "He" being Mr. Muhaymin?

 

22 A. Yes.

 

23 Q. Before that day, can you estimate for me how

 

24 many times you recall Mr. Muhaymin coming to your

 

25 center?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 28 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 26

 

 1 A. That I saw him and spoke to him, probably

 

 2 eight.

 

 3 Q. Okay. And during those eight times would he

 

 4 come in to either -- to mainly use the bathroom?

 

 5 MS. STILLWELL: Form, foundation.

 

 6 THE WITNESS: I -- I don't know exactly,

 

 7 but most of the time, yes.

 

 8 BY MR. FARAJ:

 

 9 Q. Okay.

 

10 A. And also ask for ice.

 

11 Q. Okay. The times he asked for ice, you all

 

12 turned him away saying we don't give ice to members of

 

13 the public, true?

 

14 A. Yes, we don't give --

 

15 MS. STILLWELL: Form.

 

16 THE WITNESS: -- any ice to members of

 

17 the public.

 

18 BY MR. FARAJ:

 

19 Q. And other than asking for ice, he would go in

 

20 to use the bathroom?

 

21 A. Yes.

 

22 MS. STILLWELL: Form and foundation.

 

23 BY MR. FARAJ:

 

24 Q. He didn't take classes, for example?

 

25 A. No.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 29 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 27

 

 1 Q. Okay. He didn't work out at the gym?

 

 2 MS. STILLWELL: Foundation.

 

 3 THE WITNESS: No.

 

 4 BY MR. FARAJ:

 

 5 Q. When she -- when whoever said it to you that

 

 6 the man with the dog, or the guy with the dog is here,

 

 7 when you walked out of your office, based on that

 

 8 comment, what did you see?

 

 9 A. I saw the dog sweeping back and forth down the

 

10 hall and Mr. Muhaymin walking behind it.

 

11 Q. What did you do?

 

12 A. At that point he was already by the front

 

13 desk. And I told him that he needed to take his dog

 

14 outside.

 

15 Q. What did he say?

 

16 A. That he needed to use the bathroom.

 

17 Q. Was -- was your comment to him, you need to

 

18 take the dog outside in a conversational tone?

 

19 MS. STILLWELL: Form.

 

20 THE WITNESS: Yes.

 

21 BY MR. FARAJ:

 

22 Q. And was his response in a conversational tone?

 

23 MS. STILLWELL: Form.

 

24 THE WITNESS: At the beginning, yes.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 30 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 28

 

 1 Q. I'll represent to you that we saw some video

 

 2 from officers' body cam. And both you and he, at least

 

 3 in the initial exchange near the bathroom, seemed to

 

 4 have a conversation at a conversational tone. Now

 

 5 later it elevated by Mr. Muhaymin, but at that point it

 

 6 was conversational. You follow what I'm saying? I'm

 

 7 telling you what happened on the video.

 

 8 A. Mm-hm.

 

 9 Q. Do you recall that conversation near the

 

10 bathroom after the officers arrive?

 

11 A. Yes.

 

12 Q. Okay. Was the conversation before the

 

13 officers arrived at about the same tone as when they

 

14 arrived?

 

15 MS. STILLWELL: Form.

 

16 THE WITNESS: At the beginning, yes.

 

17 BY MR. FARAJ:

 

18 Q. Okay. And so when he said, "I need to use the

 

19 bathroom," did you say anything back?

 

20 A. I told him that he could use the bathroom, but

 

21 he needed to take the dog outside.

 

22 Q. Okay. At some point he picked up his dog,

 

23 true?

 

24 A. He didn't pick up the dog until Officer

 

25 Grenier showed up, or right before he showed up.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 31 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 29

 

 1 Q. And that's what I said. At some point he

 

 2 picked up the dog, true?

 

 3 A. Yes.

 

 4 MS. STILLWELL: Form.

 

 5 BY MR. FARAJ:

 

 6 Q. Okay. And so at that point the dog was under

 

 7 control?

 

 8 MS. STILLWELL: Form, foundation.

 

 9 THE WITNESS: He was holding the dog,

 

10 yes.

 

11 BY MR. FARAJ:

 

12 Q. Sir, you've seen dogs that small before,

 

13 haven't you?

 

14 MS. STILLWELL: Form.

 

15 THE WITNESS: Yes.

 

16 BY MR. FARAJ:

 

17 Q. And a lot of the owners of those types of

 

18 dogs, not just Chihuahuas, but those little tiny dogs,

 

19 oftentimes they're carried either in hands or bags.

 

20 You're familiar with that?

 

21 MS. STILLWELL: Objection, form.

 

22 THE WITNESS: I've seen it before, yes.

 

23 BY MR. FARAJ:

 

24 Q. Okay. So at the point that his dog is now

 

25 under control in his hands, is there any reason why he

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 32 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 30

 

 1 would not be able to use the bathroom?

 

 2 A. Well, at that point he had pushed me.

 

 3 Q. Okay.

 

 4 A. And so -- no, wait. He had pushed me. So can

 

 5 you repeat the question again.

 

 6 Q. I said is there a reason why he wouldn't use

 

 7 the bathroom, and you said at that point he pushed me.

 

 8 A. Yes.

 

 9 Q. Is that your recollection?

 

10 A. Yes.

 

11 Q. Okay.

 

12 A. When he picked up the dog, he had pushed me

 

13 already. So at that point I asked him to leave as

 

14 well.

 

15 Q. At what point were the police, was 911 called?

 

16 A. Just right after he pushed me.

 

17 Q. Who called 911?

 

18 A. My staff, Hannah.

 

19 Q. How did she know to call 911?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: She was at the front desk

 

22 where she could see everything, and I just asked her to

 

23 call 911.

 

24 BY MR. FARAJ:

 

25 Q. What else did you say to her when you asked

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 33 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 31

 

 1 her to call 911?

 

 2 A. That was it.

 

 3 Q. When you say he pushed you, describe exactly

 

 4 where you were standing and where he was standing in

 

 5 the center.

 

 6 A. I was standing by the vending machines in

 

 7 front of the entranceway to both bathrooms. And he was

 

 8 standing in front of me.

 

 9 Q. I'm referring to COP 000148. I'm not going to

 

10 mark it as an exhibit just yet. Are you familiar with

 

11 this diagram, sir?

 

12 MS. STILLWELL: Form.

 

13 THE WITNESS: It appears to be someone's

 

14 layout of the actual restroom, but not the front desk

 

15 or the front area.

 

16 BY MR. FARAJ:

 

17 Q. Take a look at COP 000147. Sorry. Does that

 

18 represent the front desk and hallway area?

 

19 MS. STILLWELL: Form.

 

20 THE WITNESS: Yes.

 

21 BY MR. FARAJ:

 

22 Q. Sir, I'm going to hand you a blue pen. I

 

23 would like you to draw a line. I want you to use a dot

 

24 and then draw a line to one of the blank -- or blank

 

25 areas of the page so we can label it as where you were

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 34 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 32

 

 1 standing. So lets begin by putting -- placing a dot at

 

 2 where you were standing when Mr. Muhaymin -- when you

 

 3 say he pushed you, or pushed you, right?

 

 4 A. Yes.

 

 5 Q. Okay. And so you can use either one to best

 

 6 accurately depict where you were standing.

 

 7 MS. STILLWELL: Form.

 

 8 BY MR. FARAJ:

 

 9 Q. All right, sir. And I see what you did here

 

10 on 147. Do you see the -- on the diagram where it says

 

11 storage room right there?

 

12 A. Yes.

 

13 Q. Right next to it do you see what is

 

14 represented as the restrooms?

 

15 A. Yes.

 

16 Q. And is that -- is this a blow up of those

 

17 restrooms -- is 148 a blow up of the restrooms on 147?

 

18 MS. STILLWELL: Form and foundation.

 

19 THE WITNESS: Yes.

 

20 BY MR. FARAJ:

 

21 Q. And so if you would estimate for me, sir, from

 

22 the entrance -- let me show you what I'm talking about.

 

23 Actually, you can keep that. From the entrance here to

 

24 the restrooms, to both sides, how far away were you

 

25 from this area in feet where Mr. Muhaymin pushed you?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 35 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 33

 

 1 MS. STILLWELL: Form, foundation.

 

 2 THE WITNESS: I mean, I was in this area

 

 3 right here. So you're saying from the entrance to

 

 4 there?

 

 5 BY MR. FARAJ:

 

 6 Q. Yeah, approximately.

 

 7 A. Five feet.

 

 8 Q. Okay. And so, again, if -- hypothetically, if

 

 9 this were -- if this is the blow up, you would be in

 

10 this area here; is that right?

 

11 A. Yes.

 

12 Q. Where you got pushed? I'm going to put an X

 

13 there. That's just an estimate so we can have some

 

14 reference.

 

15 Now using the blue pen, sir, show me

 

16 where Mr. Muhaymin was located when he pushed you.

 

17 A. He was right in front of me.

 

18 MS. STILLWELL: Form.

 

19 BY MR. FARAJ:

 

20 Q. Where was his dog?

 

21 A. It was on the floor. I wasn't paying

 

22 attention to the dog. I was --

 

23 Q. Okay.

 

24 A. -- paying attention to him.

 

25 Q. How did he push you?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 36 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 34

 

 1 A. With his two hands.

 

 2 Q. So I'm going to come around. I would like you

 

 3 to show me on video exactly how that -- how that

 

 4 occurred. Okay?

 

 5 MS. STILLWELL: Form.

 

 6 BY MR. FARAJ:

 

 7 Q. So I'm going to stand here. I'm going to

 

 8 represent Mr. Muhaymin.

 

 9 THE VIDEOGRAPHER: Loud and clear.

 

10 BY MR. FARAJ:

 

11 Q. I'm sorry. I'm going to be you and you do

 

12 what Mr. Muhaymin did.

 

13 MS. STILLWELL: And just for the record,

 

14 there won't be any pressure or --

 

15 MR. FARAJ: No, I want to know --

 

16 MS. STILLWELL: -- force.

 

17 MR. FARAJ: I want to know exactly how

 

18 Mr. Muhaymin did it. So you can use the same amount of

 

19 pressure.

 

20 MS. STILLWELL: And I'm going to ask him

 

21 not to use that same amount of pressure.

 

22 THE WITNESS: I don't feel comfortable

 

23 doing that.

 

24 MS. STILLWELL: No. No. No.

 

25 MR. FARAJ: Stop. Stop. You can't do

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 37 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 35

 

 1 that. You can't do that. I have a right to take the

 

 2 deposition, and I want to understand exactly how he did

 

 3 it.

 

 4 MS. STILLWELL: You were asking him to

 

 5 push you in the manner and with the same force that

 

 6 Mr. Muhaymin pushed Mr. Tarango; is that my

 

 7 understanding?

 

 8 BY MR. FARAJ:

 

 9 Q. Would you come and stand behind me. That way

 

10 I don't fall back in case it's hard. So I'm giving you

 

11 permission to do the same thing, sir, okay. Go ahead.

 

12 (The witness pushes Mr. Faraj.)

 

13 Q. Okay. Thank you. The witness has done as

 

14 directed. That describes exactly how Mr. Muhaymin did

 

15 it, right?

 

16 MS. STILLWELL: I'm going to object again

 

17 to this whole demonstration. Oh, boy.

 

18 MR. FARAJ: Don't hurt the witness.

 

19 THE WITNESS: Sorry. Did I do something?

 

20 MR. FARAJ: No, you didn't do anything.

 

21 You're fine.

 

22 THE WITNESS: Is it?

 

23 MS. STILLWELL: Can we go off the record

 

24 for one second?

 

25 MR. FARAJ: Sure.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 38 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 36

 

 1 THE VIDEOGRAPHER: Going off the record.

 

 2 The time is 2:56 p.m.

 

 3 (Recess taken from 2:56 p.m. to

 

 4 2:57 p.m.)

 

 5 THE VIDEOGRAPHER: We're back on the

 

 6 record. The time is 2:57 p.m. Thank you.

 

 7 MS. STILLWELL: Thank you. We just

 

 8 needed to adjust the background. Again, I do object to

 

 9 that whole demonstration that you had requested him to

 

10 do.

 

11 BY MR. FARAJ:

 

12 Q. I would like you to think, to remember how you

 

13 were oriented inside the Maryvale Community Center when

 

14 you say Mr. Muhaymin pushed you. Okay?

 

15 A. Okay.

 

16 Q. Now would your back have been to the entrance

 

17 of the restrooms?

 

18 MS. STILLWELL: Form.

 

19 THE WITNESS: Yes.

 

20 BY MR. FARAJ:

 

21 Q. And would he have been --

 

22 A. Excuse me.

 

23 Q. -- facing the restrooms and you, obviously?

 

24 A. Yes.

 

25 Q. Okay. When, as you say he pushed you, what

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 39 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 37

 

 1 did you do and what did you say?

 

 2 A. I stepped back to get away from him. And then

 

 3 just kind of walked backwards as he kept coming forward

 

 4 trying to push past me with his shoulders. I didn't

 

 5 say anything to him. I just told Hannah to call the

 

 6 police.

 

 7 Q. Okay. How were you feeling at the time?

 

 8 MS. STILLWELL: Form.

 

 9 THE WITNESS: Well, he had just pushed

 

10 me. So worried what else he was going to do.

 

11 BY MR. FARAJ:

 

12 Q. Okay. He had never expressed any kind of

 

13 intent to hurt anyone before, true?

 

14 A. He had threatened me before.

 

15 Q. Okay. How did he threaten you before?

 

16 A. Um, he had told me that at one point, one of

 

17 the incidents that I told him that he needed to leave,

 

18 or I was going to call the police. And he said go

 

19 ahead and call the police. What are they going to do?

 

20 And you better watch out.

 

21 Q. When he said "you better watch out," what did

 

22 you think that meant?

 

23 MS. STILLWELL: Form.

 

24 THE WITNESS: As -- I took it as a

 

25 threat.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 40 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 38

 

 1 BY MR. FARAJ:

 

 2 Q. It sounds like a serious threat, right?

 

 3 A. I took it as a threat.

 

 4 Q. Yeah. Did you take it as a serious threat or

 

 5 a joking threat?

 

 6 A. I didn't think he was joking.

 

 7 Q. Okay. And so because you took it seriously,

 

 8 how were you feeling when he said that?

 

 9 MS. STILLWELL: Form.

 

10 THE WITNESS: I was worried about what

 

11 could possibly happen.

 

12 BY MR. FARAJ:

 

13 Q. Are there kids at the center?

 

14 A. Sometimes, yes.

 

15 Q. I'm assuming you would be concerned about the

 

16 kids at the center also if he's making threats, right?

 

17 A. I would be concerned about anybody that's at

 

18 the center, my staff, patrons.

 

19 Q. But especially kids, wouldn't you agree?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: I don't think there is a

 

22 different level whether they're kids or not. It's any

 

23 patron or any staff, anybody would be at the same level

 

24 of concern.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 41 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 39

 

 1 Q. Okay. And so -- and do you drive to work?

 

 2 A. I do.

 

 3 MS. STILLWELL: Form.

 

 4 BY MR. FARAJ:

 

 5 Q. Okay. Were you concerned that he would note

 

 6 the kind of car you have, because he threatened you to

 

 7 maybe ambush you when you're not looking?

 

 8 MS. STILLWELL: Form.

 

 9 THE WITNESS: I don't know exactly what

 

10 he would do, but I was worried.

 

11 BY MR. FARAJ:

 

12 Q. Okay. About how many patrons do you have at

 

13 the center on a daily basis?

 

14 A. I can't recall, or I don't know exactly. I

 

15 mean, it varies from day-to-day.

 

16 Q. Do people check in?

 

17 A. They're supposed to.

 

18 Q. And you keep track of that?

 

19 A. When they check in, yes.

 

20 Q. And you report that?

 

21 MS. STILLWELL: Form.

 

22 THE WITNESS: Sometimes, yes.

 

23 BY MR. FARAJ:

 

24 Q. You report it -- you have a reporting

 

25 requirement. Your supervisor wants to know how often

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 42 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 40

 

 1 people are using the center; isn't that true?

 

 2 MS. STILLWELL: Form, foundation.

 

 3 THE WITNESS: If it's requested, yes.

 

 4 BY MR. FARAJ:

 

 5 Q. Okay. And so at that time, about how many

 

 6 people were coming to the center every month?

 

 7 A. I don't remember or I don't recall.

 

 8 Q. More than 100 a day?

 

 9 A. I don't recall.

 

10 Q. How many employees do you have? How many did

 

11 you have at the time?

 

12 MS. STILLWELL: Form.

 

13 THE WITNESS: I -- maybe 10 to 12, or 8

 

14 to 10. I don't remember.

 

15 BY MR. FARAJ:

 

16 Q. Okay. And so based on this threat that was

 

17 made to you at the time you told Mr. Muhaymin you would

 

18 call the police if he didn't leave, isn't it true that

 

19 you did nothing?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: I don't understand your

 

22 question.

 

23 BY MR. FARAJ:

 

24 Q. Let me take it step by step. You didn't call

 

25 the police?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 43 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 41

 

 1 A. The time that he threatened me?

 

 2 Q. Yeah.

 

 3 A. No.

 

 4 Q. You didn't create a report?

 

 5 A. No.

 

 6 Q. You didn't tell anybody?

 

 7 A. Mm-hm. I think I did talk to my supervisor

 

 8 about it or mentioned it.

 

 9 Q. Okay.

 

10 A. Possibly.

 

11 Q. Your supervisor is Jan Sherwood?

 

12 A. Yes.

 

13 Q. What's her number?

 

14 MS. STILLWELL: Form.

 

15 THE WITNESS: (602) 262-5051.

 

16 MS. STILLWELL: And you will contact her

 

17 through our --

 

18 MR. FARAJ: No, I'm not. She's not

 

19 represented.

 

20 MS. STILLWELL: She works for the City of

 

21 Phoenix.

 

22 MR. CHAMI: She's not a defendant.

 

23 MS. STILLWELL: Yes, it is.

 

24 MR. CHAMI: It was dismissed.

 

25 MR. FARAJ: You guys filed a motion and

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 44 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 42

 

 1 got the City dismissed.

 

 2 MS. STILLWELL: No. I am going to ask

 

 3 that you do not contact her.

 

 4 MR. FARAJ: I don't have a letter of

 

 5 representation from you.

 

 6 MS. STILLWELL: Okay. We're going to

 

 7 stop the deposition. We'll get the court on the phone.

 

 8 MR. CHAMI: I'm not going to stop the

 

 9 deposition.

 

10 MR. FARAJ: We're not stopping the

 

11 deposition. And show me something where the City is

 

12 represented and that you're representing Jan Sherwood.

 

13 MS. STILLWELL: She is a City employee.

 

14 I ask that you do not contact her.

 

15 MR. FARAJ: You represent --

 

16 MS. STILLWELL: And if you need to, we

 

17 will get the court on the phone to address this.

 

18 MR. FARAJ: You represent every person in

 

19 the City of Phoenix?

 

20 MS. STILLWELL: You will not talk to one

 

21 of our employees. I do represent City of Phoenix.

 

22 MR. FARAJ: Who do you represent?

 

23 MS. STILLWELL: She is a City of Phoenix

 

24 employee.

 

25 MR. FARAJ: Show me on --

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 45 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 43

 

 1 MS. STILLWELL: The City of Phoenix has

 

 2 been dismissed from this lawsuit, but I do represent

 

 3 the City. So I am asking that you not contact her

 

 4 directly.

 

 5 MR. FARAJ: I'm not suing the City.

 

 6 MS. STILLWELL: If you need to, again, we

 

 7 can stop the deposition and get the court on the phone.

 

 8 MR. FARAJ: I don't need to stop the

 

 9 deposition. I don't need to get the court on the

 

10 phone. You're welcome to do whatever you want. But

 

11 I'm not stopping the deposition. I'm not getting the

 

12 court on the phone. And until you get me a letter of

 

13 representation formally that you represent Jan

 

14 Sherwood, I'm not, not calling her. So we're going to

 

15 call her today. You want to get your office to send me

 

16 a letter of representation, I'll wait.

 

17 MS. STILLWELL: We will do that. Let's

 

18 take a break.

 

19 MR. FARAJ: No, no. You can -- you can

 

20 get on the --

 

21 MS. STILLWELL: No. I would like to take

 

22 a break.

 

23 MR. FARAJ: When we take a break, we'll

 

24 do it. But I'm not going to do it before you -- I'm

 

25 not going to do it before you have an opportunity to

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 46 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 44

 

 1 give me your notice.

 

 2 MS. STILLWELL: No. There is no question

 

 3 pending. I would like to take a break.

 

 4 MR. FARAJ: Go ahead. Go ahead. I'm not

 

 5 going to stop you from taking a break.

 

 6 THE VIDEOGRAPHER: Going off the record.

 

 7 The time is 3:05 p.m.

 

 8 MR. FARAJ: Hold on. Get back on the

 

 9 record.

 

10 THE VIDEOGRAPHER: We're on the record

 

11 still.

 

12 THE WITNESS: I thought I was able -- or

 

13 I can't take a break?

 

14 MR. FARAJ: Hold on. You can take a

 

15 break at any time. We're going to.

 

16 Just to be clear on the record,

 

17 Mr. Tarango give me the number for Ms. Sherwood. I was

 

18 beginning to call her and everyone lost their mind,

 

19 because apparently she's some secret witness that has

 

20 never been -- we've never been told about.

 

21 And suddenly this law office represents

 

22 Ms. Sherwood. And so we've been told by counsel that

 

23 they represent her. Because counsel has made that

 

24 representation, I have to give her the benefit of the

 

25 doubt. I'm going to give them an opportunity before

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 47 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 45

 

 1 the end of the day today to get me something, e-mail or

 

 2 letter, that not only do they represent the City of

 

 3 Phoenix, but that they represent Jan Sherwood obviously

 

 4 in this matter. Okay.

 

 5 And so now we'll take -- unless you put

 

 6 to put something on.

 

 7 MS. STILLWELL: No, no, of course. And

 

 8 I, of course, take offense to your idea that I lost my

 

 9 mind. Mr. Tarango should not have given you that

 

10 number.

 

11 MR. FARAJ: Why not?

 

12 MS. STILLWELL: She is a City employee.

 

13 No, sorry, Mr. Chami --

 

14 MR. CHAMI: I'm attorney of record.

 

15 MS. STILLWELL: I understand that. But,

 

16 you know, sir, you are not the one asking the questions

 

17 in the earlier deposition or in this deposition. And

 

18 it's so far beyond, your facial expressions, sir. I

 

19 mean --

 

20 MR. CHAMI: I don't care.

 

21 MS. STILLWELL: -- it is unprofessional.

 

22 MR. CHAMI: I will be clear that my

 

23 facial expressions will not be controlled to your

 

24 liking. And here's what I'm going to tell you. The

 

25 City of Phoenix is not a defendant in this case. If

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 48 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 46

 

 1 you have a separate representation agreement with the

 

 2 City, it doesn't give you some sort of umbrella to

 

 3 protect every employee in the City from discussions

 

 4 with attorneys in cases that they're not a party to.

 

 5 And the fact that you want to make those

 

 6 claims on the record, by all means, supply the letter

 

 7 of representation that you represent not only Ms.

 

 8 Sherwood but the City in this case. And when you do

 

 9 that, the issues are resolved.

 

10 MS. STILLWELL: It is far beyond your

 

11 facial recognitions, Mr. Chami. It is unprofessional.

 

12 MR. CHAMI: I'm -- your comments are duly

 

13 noted.

 

14 MS. STILLWELL: You're laughing, you're

 

15 making snide remarks, and you are not miked so it's not

 

16 being caught on any of the record.

 

17 MR. CHAMI: Well, you're trying to put it

 

18 on the record, but it is actually --

 

19 MS. STILLWELL: No. Let me finish,

 

20 Mr. Chami.

 

21 MR. CHAMI: No, I'm not going to let you

 

22 finish and make false representations about me.

 

23 MS. STILLWELL: It's not --

 

24 MR. CHAMI: And if I have -- if your

 

25 client wants to make a false statement under oath, and

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 49 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 47

 

 1 I find that to be offensive, and I smirk in a way

 

 2 that's offended by his lie, then you can take offense

 

 3 to that. But I don't care, because it's offensive that

 

 4 he sits under oath and lies.

 

 5 MS. STILLWELL: Mr. Chami, you are so far

 

 6 out of line.

 

 7 MR. CHAMI: All right. Well, I'm glad.

 

 8 You're --

 

 9 MS. STILLWELL: Let's take a break.

 

10 MR. FARAJ: Guys --

 

11 MR. CHAMI: Let's take a break.

 

12 MR. FARAJ: -- yeah, we need -- let's

 

13 take a break. We need to finish this deposition.

 

14 THE VIDEOGRAPHER: Going off the record.

 

15 The time is 3:08 p.m.

 

16 (Recess taken from 3:08 p.m. to

 

17 3:27 p.m.)

 

18 THE VIDEOGRAPHER: We're back on the

 

19 record. The time is 3:27 p.m. Thank you.

 

20 BY MR. FARAJ:

 

21 Q. Mr. Tarango, we were discussing your report to

 

22 Ms. Sherwood of being threatened by Mr. Muhaymin; do

 

23 you recall that?

 

24 MS. STILLWELL: Form.

 

25 THE WITNESS: The discussion that we were

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 50 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 48

 

 1 having?

 

 2 BY MR. FARAJ:

 

 3 Q. Yes, just 10 minutes ago.

 

 4 A. Yes.

 

 5 Q. Okay. Now, how did you communicate the threat

 

 6 made to you by Mr. Muhaymin to Ms. Sherwood?

 

 7 MS. STILLWELL: Form.

 

 8 THE WITNESS: Well, I had said that I

 

 9 might have informed her of it. But I don't remember if

 

10 it would have been through conversation if it happened.

 

11 BY MR. FARAJ:

 

12 Q. So when you say you might have, what led you

 

13 to say that?

 

14 A. 'Cause I can't remember if I did or if I

 

15 didn't. I might have said it, but I don't remember if

 

16 I did.

 

17 Q. Okay. You're aware that we requested

 

18 documents in this litigation that have been produced by

 

19 your lawyer and the other people that work at your

 

20 lawyer's office? You're aware of that?

 

21 MS. STILLWELL: Form and foundation.

 

22 THE WITNESS: Yes.

 

23 BY MR. FARAJ:

 

24 Q. You've responded, you've answered something

 

25 called interrogatories. Do you remember those

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 51 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 49

 

 1 questions that you were provided and provided answers?

 

 2 MS. STILLWELL: Form.

 

 3 THE WITNESS: Yes.

 

 4 BY MR. FARAJ:

 

 5 Q. Okay. And I'll also represent to you that we

 

 6 have not received a shred of evidence, either

 

 7 documentary or otherwise, that you ever reported that

 

 8 Mr. Muhaymin threatened you in the past. Do you

 

 9 believe there is a record that contradicts that, that

 

10 there was never a threat made?

 

11 A. Can you repeat the question. Sorry.

 

12 Q. Is there a record -- do you know, have you

 

13 ever created a report, sent an e-mail, wrote a note,

 

14 placed it in a log, created some document of -- or

 

15 memorializing the threat made by Mr. Muhaymin?

 

16 A. After the incident, there was an IRMA report

 

17 that was submitted.

 

18 Q. After what?

 

19 A. After the incident of -- the day that the

 

20 incident happened.

 

21 Q. Are you talking about January 4th?

 

22 A. Yes.

 

23 Q. Okay. I'm sorry. I wasn't very clear. You

 

24 told me earlier that before that incident, before the

 

25 January 4th incident, he threatened you. Do you recall

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 52 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 50

 

 1 that?

 

 2 A. Yes.

 

 3 Q. Do you know of any document, either whether

 

 4 you created or someone else created, that shows a

 

 5 report of that threat?

 

 6 A. No.

 

 7 Q. Is it true that you never created a report of

 

 8 that threat?

 

 9 MS. STILLWELL: Form.

 

10 THE WITNESS: I don't remember.

 

11 BY MR. FARAJ:

 

12 Q. Is it true that you never e-mailed anyone

 

13 communicating that you had been threatened?

 

14 MS. STILLWELL: Form.

 

15 THE WITNESS: I don't remember.

 

16 BY MR. FARAJ:

 

17 Q. If you told Ms. Sherwood, how do you believe

 

18 you would have communicated that to her?

 

19 A. Through conversation.

 

20 Q. When did that conversation take place?

 

21 MS. STILLWELL: Form.

 

22 THE WITNESS: I don't remember.

 

23 BY MR. FARAJ:

 

24 Q. What -- what would refresh your memory as to

 

25 when that conversation took place?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 53 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 51

 

 1 MS. STILLWELL: Same objection.

 

 2 THE WITNESS: I don't remember when it

 

 3 would have happened.

 

 4 BY MR. FARAJ:

 

 5 Q. Based on your -- what you understand your

 

 6 duties to be, would it be fair to say, sir, that you

 

 7 have an obligation, you're duty bound to report serious

 

 8 threats that are made that you believe are real threats

 

 9 to your employees or to members of the public that

 

10 patronize the center?

 

11 MS. STILLWELL: Form, foundation.

 

12 THE WITNESS: Yes.

 

13 BY MR. FARAJ:

 

14 Q. And you did not -- you did not report the

 

15 supposed threat that was made to you by Mr. Muhaymin

 

16 either on that day or after?

 

17 MS. STILLWELL: Same objections.

 

18 THE WITNESS: I don't remember if I did

 

19 or not.

 

20 BY MR. FARAJ:

 

21 Q. In fact, sir, you were asked by the detective

 

22 after the January 4th incident -- remember you were

 

23 interviewed by a detective, and the detective audio

 

24 recorded it; do you remember that?

 

25 A. Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 54 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 52

 

 1 Q. And he asked you if you had ever been

 

 2 threatened, if you had any -- any type of issues with

 

 3 him before, confrontations, and you said no. He would

 

 4 just come in, use the bathroom and leave. And you said

 

 5 a couple of times he came in and asked for ice. And we

 

 6 don't -- we told him we don't give ice to members of

 

 7 the public. Isn't that true?

 

 8 MS. STILLWELL: Form.

 

 9 THE WITNESS: If that's what's on the

 

10 recording.

 

11 BY MR. FARAJ:

 

12 Q. I'll represent to you, sir, that that's where

 

13 I learned about the ice. Remember we were talking

 

14 about the ice. I listened to that audio recording.

 

15 And that's where I learned about him asking for ice,

 

16 and either you or a member of your staff saying we

 

17 don't give ice to members of the public. True?

 

18 MS. STILLWELL: Form.

 

19 THE WITNESS: Yes.

 

20 BY MR. FARAJ:

 

21 Q. Isn't that what happened?

 

22 A. That's what I told him, yes.

 

23 Q. Okay. And he asked you if you had any

 

24 confrontations with him, if he had ever threatened you,

 

25 and you said no.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 55 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 53

 

 1 MS. STILLWELL: Form.

 

 2 THE WITNESS: At the time I was -- the

 

 3 incident had just happened. I -- there was a lot of

 

 4 things going on. So I don't remember. If it's on the

 

 5 recording, then yes, that's what I probably told him.

 

 6 BY MR. FARAJ:

 

 7 Q. If you'd like, I can play the whole thing for

 

 8 you, or I'll let Ms. Stillwell play it for you when

 

 9 you're done.

 

10 A. Is that a question?

 

11 Q. Yeah.

 

12 A. Okay. What was the question?

 

13 Q. Isn't it true that you never reported a

 

14 threat, you've never mentioned a threat before today?

 

15 MS. STILLWELL: Form.

 

16 BY MR. FARAJ:

 

17 Q. Isn't that true?

 

18 A. It's on my IRMA report after the incident that

 

19 happened on the -- the day of the incident on the

 

20 report.

 

21 Q. Is this the IRMA report?

 

22 A. No.

 

23 Q. What is the IRMA report? Describe it for me.

 

24 If you explain it, I might be able to find it.

 

25 A. It's -- it's a report that we have to go in to

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 56 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 54

 

 1 -- to the -- it's our -- it's our reporting system that

 

 2 we use for incidents. I apologize. I can't think of

 

 3 what it stands for.

 

 4 MS. STILLWELL: Would you like it?

 

 5 MR. FARAJ: Sure.

 

 6 MS. STILLWELL: It's COP 011239 through

 

 7 COP 011246. If you want a hard copy. That's my copy,

 

 8 but if you need to look at it.

 

 9 MR. FARAJ: I'm familiar with this. It's

 

10 the one with the text messages.

 

11 MS. STILLWELL: Yes, sir.

 

12 MR. FARAJ: Okay. I'm familiar with

 

13 this.

 

14 MR. CHAMI: Do you want a copy of it?

 

15 MR. FARAJ: No. I know what this is.

 

16 BY MR. FARAJ:

 

17 Q. Okay. That was created after the January 4th

 

18 incident, true?

 

19 A. Yes.

 

20 Q. Now, how do you create those reports? What is

 

21 the system that you use?

 

22 A. There's a system that we go in and we type in

 

23 the information.

 

24 Q. Where is it located? In a computer?

 

25 MS. STILLWELL: Form.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 57 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 55

 

 1 THE WITNESS: Yes. It's in our system

 

 2 that we -- when you log in, you're able to go into the

 

 3 IRMA system which is -- I can't think of it off the top

 

 4 of my head. I apologize. I don't know if it's on

 

 5 there.

 

 6 BY MR. FARAJ:

 

 7 Q. Was the IRMA system --

 

 8 A. It's a reporting system, incident management

 

 9 -- sorry. I can't remember what it is, but the acronym

 

10 is IRMA.

 

11 Q. That's okay. Is it accessible from a terminal

 

12 in your office?

 

13 A. From my computer or any computer that we log

 

14 into.

 

15 Q. Okay. Was is accessible when you started work

 

16 at the Maryvale Community Center?

 

17 A. Yes.

 

18 MS. STILLWELL: Form.

 

19 BY MR. FARAJ:

 

20 Q. And so, sir, you had that -- an opportunity to

 

21 make a report almost contemporaneously with, at the

 

22 time that the threat was made by Mr. Muhaymin, and you

 

23 did not, correct?

 

24 A. Yes.

 

25 Q. And the entire reason that system exists is so

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 58 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 56

 

 1 you can make reports about threats, true?

 

 2 MS. STILLWELL: Form and foundation.

 

 3 BY MR. FARAJ:

 

 4 Q. Among other things?

 

 5 A. Yes, incidents.

 

 6 Q. And you could have, had you decided to, you

 

 7 could have trespassed Mr. Muhaymin at the time he made

 

 8 that serious threat to you, your employees and the

 

 9 patrons, true?

 

10 A. Yes.

 

11 MS. STILLWELL: Form.

 

12 BY MR. FARAJ:

 

13 Q. But you did not, true?

 

14 MS. STILLWELL: Same objection.

 

15 THE WITNESS: True.

 

16 BY MR. FARAJ:

 

17 Q. Now, on the date of this incident, sir, and

 

18 you were describing for me the positioning where you

 

19 say Mr. Muhaymin pushed you. About how much after --

 

20 well, would you agree that the officer arrived a very

 

21 short time after the call is made?

 

22 MS. STILLWELL: Form.

 

23 THE WITNESS: I don't remember what the

 

24 timeline was, but --

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 59 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 57

 

 1 Q. Okay. What -- what did Mr. Muhaymin do after

 

 2 he pushed you?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: He tried to get past me to

 

 5 get to the restroom.

 

 6 BY MR. FARAJ:

 

 7 Q. Okay. So he pushed you, then tried to get

 

 8 past you, true? Is that what I understand?

 

 9 A. Yes.

 

10 Q. And what did you do when he did that?

 

11 A. I just kept backing up.

 

12 Q. Okay. And at some point you kept backing up

 

13 and stood by the entrance to the bathroom; is that

 

14 right?

 

15 A. That's where we ended up.

 

16 MS. STILLWELL: Form.

 

17 BY MR. FARAJ:

 

18 Q. Okay. And that's when -- where you were when

 

19 the officer arrived?

 

20 A. Yes.

 

21 Q. And so just to be clear, he pushes you, tries

 

22 to get past you, you keep backing up, right?

 

23 MS. STILLWELL: Form.

 

24 THE WITNESS: Yes.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 60 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 58

 

 1 Q. And so you end up in that position that you're

 

 2 in when the first officer arrives on the scene. I'm

 

 3 going to show you the first portion of the clip from

 

 4 that. I want to make sure that I understand your

 

 5 positioning. Is that right, you did not move positions

 

 6 again before the officer arrived?

 

 7 A. Not that I can recall.

 

 8 Q. Get to the start. So I'm going to show you,

 

 9 sir, video that is labelled COP 00001. Let's go back

 

10 to 1:05. I want to stop. Let's go back further.

 

11 (Video played.)

 

12 Q. Mr. Tarango, do you recognize the image on the

 

13 screen?

 

14 A. Yes.

 

15 Q. Is that the community center?

 

16 MS. STILLWELL: Form and foundation.

 

17 THE WITNESS: Yes.

 

18 BY MR. FARAJ:

 

19 Q. Have you ever seen this video before?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: Once from that point and

 

22 another time from when we were standing.

 

23 BY MR. FARAJ:

 

24 Q. Okay. The only reason I started here is to

 

25 orient you to where you're at, so you understand. So

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 61 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 59

 

 1 you're oriented to where this is. You recognize this?

 

 2 A. Yes.

 

 3 Q. Is that the entrance to the community center?

 

 4 A. Yes.

 

 5 MS. STILLWELL: Form.

 

 6 MR. FARAJ: Okay. So let's run it.

 

 7 Please put it back there.

 

 8 (Video played.)

 

 9 BY MR. FARAJ:

 

10 Q. Is this the walk down the hallway towards the

 

11 desk?

 

12 A. Yes.

 

13 Q. This is the front desk, that reddish thing?

 

14 A. Yes.

 

15 Q. And we're at 1:05 of the video COP 0001. We

 

16 just saw a Christmas tree. Do you remember that was

 

17 still up in January of 2017?

 

18 A. Yes.

 

19 Q. And you recognize yourself?

 

20 A. I do.

 

21 Q. Okay. And so just a few minutes ago you

 

22 described being pushed. He tried to get past you. You

 

23 kept backing up. And you told me you wound up in a

 

24 certain position, true?

 

25 MS. STILLWELL: Form.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 62 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 60

 

 1 THE WITNESS: Yes.

 

 2 BY MR. FARAJ:

 

 3 Q. Is this the position you wound up in, which is

 

 4 the position you're in when the officer arrives?

 

 5 MS. STILLWELL: Same objection.

 

 6 THE WITNESS: Yes.

 

 7 MR. FARAJ: Okay. No, it doesn't matter.

 

 8 BY MR. FARAJ:

 

 9 Q. Between the time that Mr. Muhaymin pushes you

 

10 and the time the officer arrives, he didn't go

 

11 anywhere, did he?

 

12 A. Mr. Muhaymin?

 

13 MS. STILLWELL: Form.

 

14 BY MR. FARAJ:

 

15 Q. Yes. He stayed -- he stayed facing you?

 

16 MS. STILLWELL: Form.

 

17 THE WITNESS: That I can remember, yes.

 

18 BY MR. FARAJ:

 

19 Q. So, again, he pushes you, attempts to go

 

20 through, you keep backing up, you wind up in this

 

21 position, and neither of you really moves away from

 

22 this position before the officer arrives?

 

23 A. Yes.

 

24 Q. You essentially have eyes on him the entire

 

25 time?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 63 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 61

 

 1 MS. STILLWELL: Form.

 

 2 THE WITNESS: Yes.

 

 3 BY MR. FARAJ:

 

 4 Q. Okay. So explain this to me, sir.

 

 5 (Video played.)

 

 6 Q. I want to stop it. I'm stopping the video at

 

 7 1:15. You see that brown thing in the image?

 

 8 A. Yes.

 

 9 Q. That's the dog, --

 

10 MS. STILLWELL: Form.

 

11 BY MR. FARAJ:

 

12 Q. -- right?

 

13 A. It is.

 

14 Q. Now you told me that he pushed you, right?

 

15 A. He pushed me before that.

 

16 Q. Okay. I said he pushed you, right?

 

17 A. Yes.

 

18 Q. So if he pushed you, the dog wasn't in his

 

19 hands?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: No.

 

22 BY MR. FARAJ:

 

23 Q. And in this image, when the officer arrives

 

24 the dog is in his hands?

 

25 A. Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 64 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 62

 

 1 Q. And between the time he pushed you and the

 

 2 time the officer arrives, he advanced at you, and you

 

 3 remained in the same position, which is what we said

 

 4 earlier, true?

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: I was backing up, like

 

 7 backing up to kind of get away when he was walking,

 

 8 pushing past -- trying to push past me to get --

 

 9 BY MR. FARAJ:

 

10 Q. I understand.

 

11 A. Okay. Well, I just want to clarify.

 

12 Q. Okay. So did he push you with the dog in his

 

13 hands?

 

14 A. He did not. He didn't have the dog in his

 

15 hands when he pushed me.

 

16 Q. So he went to get the dog and came back?

 

17 A. The dog was around his feet or around the area

 

18 right there. And when he got in that position and he

 

19 was leaning against the wall, the dog was between his

 

20 legs. And he reached down and picked it up.

 

21 Q. I see. And this is the same dog that you have

 

22 alleged in the past tried to bite some of your staff?

 

23 A. Yes.

 

24 Q. Has it ever tried to bite you?

 

25 A. No.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 65 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 63

 

 1 Q. On that day when there was a contact between

 

 2 you two, the dog didn't try to bite you?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: I don't know if the dog

 

 5 tried to bite me. I wasn't focusing on the dog. I was

 

 6 looking at Mr. Muhaymin because he had pushed me.

 

 7 BY MR. FARAJ:

 

 8 Q. Okay. Now, do you understand what it is to

 

 9 tell the truth and tell a lie?

 

10 MS. STILLWELL: Form.

 

11 BY MR. FARAJ:

 

12 Q. You know the difference?

 

13 A. I do.

 

14 Q. Would you agree that the truth doesn't change?

 

15 MS. STILLWELL: Form.

 

16 THE WITNESS: Yes.

 

17 BY MR. FARAJ:

 

18 Q. It doesn't change with the circumstances,

 

19 right?

 

20 A. It depends on the circumstances. Yeah.

 

21 Q. Okay. Assume you're having a conversation

 

22 with your seven-year old to explain what it is to tell

 

23 the truth and what it is to lie. Would it be fair of

 

24 me to assume that when you speak to your

 

25 seven-year-old, you say, say things like they are.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 66 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 64

 

 1 Always tell me the truth. Do you do that?

 

 2 MS. STILLWELL: Form.

 

 3 THE WITNESS: I've had conversations with

 

 4 my children, yes, about telling the truth.

 

 5 BY MR. FARAJ:

 

 6 Q. Okay. And you -- you agree, sir, that you

 

 7 have a duty to tell the truth? In fact, that's the

 

 8 law, not to lie to a law enforcement officer?

 

 9 A. Yes.

 

10 Q. You're required to tell the truth to law

 

11 enforcement, right?

 

12 A. Yes.

 

13 Q. You're aware, based on your review of videos

 

14 in this case, that you were asked by a police officer,

 

15 did this man assault you, and you said no. Isn't that

 

16 -- didn't that happen?

 

17 MS. STILLWELL: Form.

 

18 THE WITNESS: I said --

 

19 MS. STILLWELL: Go ahead.

 

20 THE WITNESS: I said that he didn't

 

21 assault me, but that he pushed me; and so, yes, he

 

22 pushed me.

 

23 MR. FARAJ: Okay. 9:30.

 

24 MR. CHAMI: Got it.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 67 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 65

 

 1 Q. We're going to play COP 01, which is the

 

 2 video, the dash cam video of -- I'm sorry, the body cam

 

 3 video off Officer Grenier starting at 9:28.

 

 4 (Video played.)

 

 5 Q. Stop. Did he assault you? No. That was your

 

 6 answer, right?

 

 7 MS. STILLWELL: Form.

 

 8 THE WITNESS: Not my --

 

 9 BY MR. FARAJ:

 

10 Q. Hold on, sir. That was your answer in this

 

11 video, true?

 

12 MS. STILLWELL: That's a portion of his

 

13 answer.

 

14 MR. FARAJ: I'm going to get to it.

 

15 Would you like to testify instead of him? You can sit

 

16 in his chair. I'm happy to depose you.

 

17 MS. STILLWELL: I can certainly object

 

18 when you're saying that that's his answer.

 

19 MR. FARAJ: You can't say what it is. I

 

20 asked him, was that your -- you said no. Was that your

 

21 answer? That was my question. Isn't that true? You

 

22 can clean up when I'm done. I get to ask the

 

23 questions. You're welcome to be deposed if you like.

 

24 MS. STILLWELL: Objection.

 

25 MR. FARAJ: Okay. We can talk later.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 68 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 66

 

 1 BY MR. FARAJ:

 

 2 Q. You said no when he asked you if he assaulted

 

 3 you, true?

 

 4 A. Yes, but that was not my full answer.

 

 5 Q. I'm going to get to it, I promise you.

 

 6 A. Okay.

 

 7 MR. CHAMI: Play.

 

 8 MR. FARAJ: Let's play the rest.

 

 9 MR. CHAMI: I will turn it back a little

 

10 bit.

 

11 (Video played.)

 

12 BY MR. FARAJ:

 

13 Q. Stop. I was trying to get in. I didn't want

 

14 to let him in. So we bumped into each other. That's

 

15 your full answer; isn't that true?

 

16 MS. STILLWELL: Form.

 

17 THE WITNESS: That's what I said on the

 

18 video. But what isn't on the video is that with the

 

19 vicinity that we were in and trying to deescalate, I

 

20 was trying to deescalate the situation with him, I

 

21 didn't -- he had already pushed me. So I wasn't sure

 

22 what else he was capable of.

 

23 BY MR. FARAJ:

 

24 Q. You got to --

 

25 A. And I have to be at the center. I supervise

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 69 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 67

 

 1 the center. And Mr. Muhaymin was going to be at the

 

 2 center. So I was trying to deescalate the situation.

 

 3 And I was worried about what type of retaliation was

 

 4 going to come back. So when the officer put me --

 

 5 pointed right at me when I was standing in close

 

 6 proximity of him, I was worried. And so I was trying

 

 7 to downplay it.

 

 8 Q. Let me give you a scenario.

 

 9 A. Okay.

 

10 Q. An officer testifies that, you know, this man

 

11 said he wasn't pushed, but, you know, maybe he was

 

12 scared. And then you learn that that's what the

 

13 officer said. And you decide that's not a bad story.

 

14 So what I'll -- the position I'll take today is that

 

15 wasn't the full story in the video. The reason I

 

16 didn't say everything that happened is because I was

 

17 scared. Does that sound about right?

 

18 MS. STILLWELL: Form.

 

19 THE WITNESS: I was worried about the

 

20 retaliation possibly, yes.

 

21 BY MR. FARAJ:

 

22 Q. Does my question sound about right?

 

23 A. Can you repeat the question.

 

24 MS. STILLWELL: Form.

 

25 MR. FARAJ: Would you repeat the -- I'll

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 70 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 68

 

 1 try it.

 

 2 THE WITNESS: Okay.

 

 3 BY MR. FARAJ:

 

 4 Q. You learn that an officer testified today.

 

 5 You know there was an officer testifying here today,

 

 6 you saw him walk out?

 

 7 A. I did see the officer.

 

 8 Q. And you realize that the officer said, you

 

 9 know, even though he said he wasn't assaulted, I didn't

 

10 take that at face value from Mr. Tarango because maybe

 

11 he was afraid. And you learn that, and you think

 

12 that's not a bad story. The way I fix what I said is

 

13 by embracing that story that the officer told it. The

 

14 reason I didn't say everything is I was scared. Is

 

15 that about right?

 

16 MS. STILLWELL: I object to those

 

17 insinuations.

 

18 THE WITNESS: So I could tell you that I

 

19 don't know what the officer said. I don't know

 

20 anything to his testimony, or what was -- he was told.

 

21 All I know is how I was feeling and what I'm saying.

 

22 BY MR. FARAJ:

 

23 Q. At the time that we -- at the scene. At this

 

24 point we have three officers, true?

 

25 MS. STILLWELL: Form.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 71 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 69

 

 1 THE WITNESS: I don't know. I'm not

 

 2 100 percent sure in the video, but I'm assuming that

 

 3 there was three officers there --

 

 4 BY MR. FARAJ:

 

 5 Q. Well, --

 

 6 A. -- at that time. I don't know.

 

 7 Q. -- Mr. -- Mr. Muhaymin is talking to you for a

 

 8 while, while an officer is standing there and the

 

 9 officer does nothing. Isn't that true?

 

10 MS. STILLWELL: Form, foundation.

 

11 THE WITNESS: Yes.

 

12 BY MR. FARAJ:

 

13 Q. And then a couple more officers arrive, and

 

14 that's when they begin to engage you in conversation;

 

15 isn't that true?

 

16 MS. STILLWELL: Form.

 

17 THE WITNESS: Yes.

 

18 BY MR. FARAJ:

 

19 Q. And your testimony today, sir, is that you had

 

20 no fear whatsoever of Mr. Muhaymin when the officers

 

21 weren't there. You would stand in his way, you blocked

 

22 his access, you had no problem standing in this man's

 

23 way. But when three officers arrived and began to

 

24 interject themselves and interrogate him and ask you

 

25 essentially what happened, are you okay, you decided

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 72 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 70

 

 1 then that you became scared, that's what you're telling

 

 2 us?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: No. I wasn't -- that's not

 

 5 when I became scared. What I was thinking of is after

 

 6 the fact when the officers aren't there, and I'm there

 

 7 by myself when Mr. Muhaymin would come back.

 

 8 BY MR. FARAJ:

 

 9 Q. At the time --

 

10 A. That's what I was worried about.

 

11 Q. At the time of this incident in 2017, you had

 

12 been with the parks district for since 2004, true?

 

13 MS. STILLWELL: Form. Go ahead.

 

14 THE WITNESS: If I -- yes, I think so.

 

15 Like I said, I left and I came back, but yes.

 

16 BY MR. FARAJ:

 

17 Q. Fine. You started in 2002 at the City of --

 

18 not the City of Glendale. You started in 2004 the City

 

19 of Phoenix Parks and Recreation Department. And this

 

20 is 2017. 13 years you've been in this type of job?

 

21 A. Yes.

 

22 Q. Fair to say that you understood how things

 

23 work in this job?

 

24 MS. STILLWELL: Form.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 73 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 71

 

 1 Q. Let me ask it --

 

 2 A. Yeah, --

 

 3 Q. -- more specifically.

 

 4 A. -- it depends on what you're talking about.

 

 5 Q. You understood that you could trespass people?

 

 6 MS. STILLWELL: Form.

 

 7 THE WITNESS: Yes.

 

 8 BY MR. FARAJ:

 

 9 Q. And you could have trespassed Mr. Muhaymin

 

10 long before January 2017?

 

11 MS. STILLWELL: Form.

 

12 THE WITNESS: I -- yes, I could have, but

 

13 I was again trying to work with Mr. Muhaymin. You

 

14 know, again, he was there at the park, and I'm there at

 

15 the park -- or at the center. And I was trying to work

 

16 with Mr. Muhaymin. In the video I repeatedly say, what

 

17 are we going to do? How are we going to figure this

 

18 out? And I even state that to him, I tell him, you're

 

19 here, I'm here. How are we going to figure this out?

 

20 I wanted to work with him.

 

21 BY MR. FARAJ:

 

22 Q. And then the officers pulled you aside to talk

 

23 to you away from Mr. Muhaymin; isn't that true?

 

24 MS. STILLWELL: Form.

 

25 THE WITNESS: Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 74 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 72

 

 1 BY MR. FARAJ:

 

 2 Q. And when they pulled you away, you didn't tell

 

 3 them you'd been assaulted?

 

 4 A. I'd --

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: -- have to look at the

 

 7 video. I don't remember what I told the officer.

 

 8 BY MR. FARAJ:

 

 9 Q. Well, I'll represent to you that the officers

 

10 arrested him because he had a warrant out for his

 

11 arrest from the City of Tempe or Mesa.

 

12 MS. STILLWELL: Form.

 

13 THE WITNESS: Okay.

 

14 BY MR. FARAJ:

 

15 Q. Not because you said he assaulted me.

 

16 A. Okay.

 

17 Q. I'll represent to you that no officer that

 

18 we've deposed was going to arrest him because of an

 

19 assault. It was because of a warrant.

 

20 A. Okay.

 

21 MS. STILLWELL: Form, foundation.

 

22 BY MR. FARAJ:

 

23 Q. And so your testimony, as you sit here today,

 

24 is you were feeling fear and that's why you didn't say

 

25 assault?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 75 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 73

 

 1 A. Yes.

 

 2 MS. STILLWELL: Form.

 

 3 BY MR. FARAJ:

 

 4 Q. Okay. And so you made up a story that you

 

 5 bumped into each other?

 

 6 A. I did not make up a story.

 

 7 MS. STILLWELL: Form.

 

 8 THE WITNESS: It's the truth.

 

 9 BY MR. FARAJ:

 

10 Q. Well, which is the truth? Did he --

 

11 A. He --

 

12 Q. Let me finish my question, sir.

 

13 A. Okay.

 

14 Q. You told me that he pushed you. And then you

 

15 tell the officer that you bumped into each other

 

16 because you stood in his way. You got in his way as he

 

17 was walking in and you bumped into each other. Which

 

18 is the truth?

 

19 A. He pushed me.

 

20 Q. So why did you lie to the officer?

 

21 MS. STILLWELL: Form.

 

22 THE WITNESS: Again, at the time I was

 

23 worried about what was going to possibly happen after

 

24 the fact.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 76 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 74

 

 1 Q. And so when you worry about things you tend to

 

 2 lie?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: I -- I wasn't lying.

 

 5 BY MR. FARAJ:

 

 6 Q. Okay. Well, you weren't telling the truth,

 

 7 right?

 

 8 A. The truth is that he pushed me.

 

 9 Q. To the officer, you were not telling the

 

10 truth; --

 

11 MS. STILLWELL: Form.

 

12 BY MR. FARAJ:

 

13 Q. -- isn't that true?

 

14 A. Yes. Because he pushed me.

 

15 Q. Because he pushed you, you weren't going to

 

16 tell them that he pushed you?

 

17 A. No. I wasn't going to tell them that he

 

18 pushed me in front of Mr. Muhaymin because I didn't

 

19 want Mr. Muhaymin to know that.

 

20 Q. Okay.

 

21 A. Because I was worried about the retaliation.

 

22 Q. When they took you aside, you did not tell

 

23 them that he pushed you?

 

24 A. Again, it's not when the officers were there

 

25 or when the situation was happening. I mean, I was

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 77 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 75

 

 1 worried, but I was also thinking beyond when the

 

 2 officers aren't there, and the next time Mr. Muhaymin

 

 3 comes in and there's no officers there.

 

 4 Q. Okay. And you could have trespassed him,

 

 5 true?

 

 6 MS. STILLWELL: Form.

 

 7 THE WITNESS: I could have, yes.

 

 8 BY MR. FARAJ:

 

 9 Q. And you could have gotten a restraining order,

 

10 true?

 

11 MS. STILLWELL: Form.

 

12 THE WITNESS: Yes.

 

13 BY MR. FARAJ:

 

14 Q. You understand that those are things you can

 

15 do as the director of the center? You understood that

 

16 at the time; isn't that true?

 

17 MS. STILLWELL: Form.

 

18 THE WITNESS: Yes. But I can also -- I

 

19 mean, even not do it at that time, but I can do it

 

20 after the fact as well too.

 

21 BY MR. FARAJ:

 

22 Q. Sure. Sure. And you could have done it when

 

23 the officers pulled you aside to talk to you quietly

 

24 away from him. To say, hey, man, I didn't want to tell

 

25 you what happened in front of him, because I was

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 78 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 76

 

 1 worried, but look, he assaulted me. You didn't say

 

 2 that?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: No, I don't think that's on

 

 5 the video.

 

 6 BY MR. FARAJ:

 

 7 Q. It's not anywhere. It's not in any of their

 

 8 reports. I can give you the -- I'll come back

 

 9 tomorrow. I'll let you read this tonight. But I'll

 

10 represent to you that no officer that appeared that day

 

11 ever said that when you reported later that you assault

 

12 -- that you reported that you had been assaulted.

 

13 MS. STILLWELL: Form.

 

14 THE WITNESS: Okay.

 

15 BY MR. FARAJ:

 

16 Q. Do you believe that?

 

17 A. If that's what you're saying, I don't.

 

18 Q. I'll let Mr. Stillwell -- Ms. Stillwell go

 

19 through it with you, but that's the evidence in this

 

20 case. Okay.

 

21 MS. STILLWELL: Form, foundation.

 

22 BY MR. FARAJ:

 

23 Q. All right. So let's get back to this. I just

 

24 want to understand your state of mind. You're worried,

 

25 therefore you don't tell them the truth?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 79 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 77

 

 1 MS. STILLWELL: Form.

 

 2 THE WITNESS: I was worried, yes.

 

 3 BY MR. FARAJ:

 

 4 Q. You're worried about this lawsuit, aren't you?

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: Um --

 

 7 MS. STILLWELL: No, you don't.

 

 8 MR. FARAJ: No, no, no. You do not even

 

 9 begin to try and tell him what to say.

 

10 MS. STILLWELL: I'm not telling him what

 

11 to say. And I'm really --

 

12 MR. FARAJ: Stop.

 

13 MS. STILLWELL: -- borderline on the

 

14 accusations of this.

 

15 MR. FARAJ: Stop, stop.

 

16 BY MR. FARAJ:

 

17 Q. Are you worried about this lawsuit?

 

18 MS. STILLWELL: Form.

 

19 THE WITNESS: I think anybody would be

 

20 worried about this lawsuit.

 

21 BY MR. FARAJ:

 

22 Q. Okay. Well, look the jurors in the eye

 

23 through this camera and tell them why they should

 

24 believe you when we understand now that you tend to lie

 

25 when you're worried.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 80 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 78

 

 1 MS. STILLWELL: Form. That is completely

 

 2 inappropriate, Mr. Faraj.

 

 3 THE WITNESS: I'm not lying. He pushed

 

 4 me.

 

 5 MS. STILLWELL: Okay. There's no pending

 

 6 question. Let's take a break.

 

 7 MR. FARAJ: We just took a break. We got

 

 8 to finish this up today.

 

 9 MS. STILLWELL: We're going to take a

 

10 break.

 

11 MR. FARAJ: No, we're not going to take a

 

12 break. You just finished a break. What do you need a

 

13 break for?

 

14 MS. STILLWELL: When did we last finish a

 

15 break, sir?

 

16 MR. FARAJ: It hasn't even been

 

17 30 minutes.

 

18 MS. STILLWELL: It has been over

 

19 30 minutes.

 

20 MR. FARAJ: We're going to move on to a

 

21 new topic.

 

22 MS. STILLWELL: No, I would like to take

 

23 a break, please.

 

24 MR. FARAJ: All right.

 

25 MS. STILLWELL: Thank you.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 81 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 79

 

 1 THE VIDEOGRAPHER: Going off the record.

 

 2 The time is 4:01 p.m.

 

 3 (Recess taken from 4:01 p.m. to

 

 4 4:11 p.m.)

 

 5 THE VIDEOGRAPHER: We're back on the

 

 6 record. The time is 4:11 p.m. Thank you.

 

 7 MS. STILLWELL: Over the break counsel

 

 8 had a chance to discuss our representation of the City

 

 9 of Phoenix and its employees. Plaintiff's counsel is

 

10 under the impression that the City had been dismissed

 

11 from the lawsuit. However, we have reviewed the orders

 

12 as well as plaintiff's complaint.

 

13 The City of Phoenix is still named a

 

14 defendant, and therefore, our firm does represent its

 

15 employees, including Jan Sherwood. Plaintiff's counsel

 

16 has agreed to not have direct contact with any City

 

17 employee, but rather address any communications to our

 

18 office.

 

19 Did I misrepresent any of that, sir?

 

20 MR. FARAJ: No.

 

21 MR. CHAMI: I will just say that I know

 

22 some City employees. So I will not have any City

 

23 employee contact in relation to the case.

 

24 MS. STILLWELL: Thank you.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 82 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 80

 

 1 Q. Sir, I'm going to hand you what we'll mark as

 

 2 Exhibit 1. Did we label anything? Exhibit 1 is going

 

 3 to be the Grenier video. Exhibit 2 is going to be the

 

 4 document labelled as notice of inquiry.

 

 5 MS. STILLWELL: Mr. Faraj, I just want

 

 6 some correction, because we had talked before about

 

 7 numbering everything sequentially for all of the

 

 8 depositions.

 

 9 MR. FARAJ: Fine. We can do that.

 

10 MS. STILLWELL: And so did you still want

 

11 to do that, or do you want to start a whole new one for

 

12 Mr. Tarango?

 

13 MR. FARAJ: Let's go off the record real

 

14 quick.

 

15 THE VIDEOGRAPHER: Going off the record.

 

16 The time is 4:12 p.m.

 

17 (Recess taken from 4:12 p.m. to

 

18 4:18 p.m.)

 

19 (Deposition Exhibit No. 1 will be marked

 

20 for identification by the reporter subsequent to the

 

21 deposition.)

 

22 (Deposition Exhibit Nos. 2-5 were marked

 

23 for identification by the reporter.)

 

24 THE VIDEOGRAPHER: We're back on the

 

25 record. The time is 4:18 p.m. Thank you.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 83 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 81

 

 1 BY MR. FARAJ:

 

 2 Q. Okay. Sir, you were interviewed after

 

 3 Mr. Muhaymin's death on or about January 24, 2017. Do

 

 4 you recall giving an interview to a detective?

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: Yes.

 

 7 BY MR. FARAJ:

 

 8 Q. And at the time you were interviewed, you were

 

 9 aware that Mr. Muhaymin had passed?

 

10 MS. STILLWELL: Form.

 

11 THE WITNESS: Yes.

 

12 BY MR. FARAJ:

 

13 Q. Any apprehension you might have felt when

 

14 Mr. Muhaymin was alive would have gone -- would have

 

15 disappeared by this point?

 

16 A. What do you mean by that?

 

17 MS. STILLWELL: Form.

 

18 BY MR. FARAJ:

 

19 Q. Any fear of retaliation, any apprehension as a

 

20 result of Mr. Muhaymin living basically in the park

 

21 behind the community center would have disappeared,

 

22 because he was dead at this point?

 

23 A. Yes.

 

24 Q. I mean, you weren't afraid of him anymore,

 

25 he's dead, --

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 84 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 82

 

 1 A. Yes.

 

 2 Q. -- true?

 

 3 Okay. And so when you gave us -- when

 

 4 you gave responses to some questions that were posed to

 

 5 you, I'll direct your attention to number -- paragraphs

 

 6 number 7 and number 10 of Exhibit 4. You never

 

 7 mentioned -- on Exhibit 4 you never mentioned to the

 

 8 detective that Mr. Muhaymin had threatened you in the

 

 9 past, true?

 

10 MS. STILLWELL: Form.

 

11 THE WITNESS: I mean, I would have to

 

12 read through the whole thing. But what you have

 

13 highlighted -- let me see. Yes. Yeah. It states on

 

14 there that I was trying to work with Mr. Muhaymin to

 

15 resolve the situation without trespassing him during

 

16 these past incidents.

 

17 BY MR. FARAJ:

 

18 Q. Okay. The incidents were about his dog. And

 

19 to be fair, sir, I'm not suggesting there were no

 

20 incidents. You mentioned a few of them in your

 

21 recorded interview with the police officer. I'm

 

22 specifically referring to an allegation of a threat.

 

23 My point is, you never said that -- you never wrote

 

24 that in the statement?

 

25 A. It's not written here, no.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 85 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 83

 

 1 Q. Okay. And when you reported about the

 

 2 interaction with Mr. Muhaymin, you don't say that he

 

 3 pushed you, you say that he bumped you?

 

 4 A. Is that on here?

 

 5 Q. Number 10.

 

 6 A. Can I see what the question was?

 

 7 Q. I believe the questions --

 

 8 A. It's on the other page.

 

 9 Q. Yeah. You can review the document.

 

10 A. And then what was the question again?

 

11 Q. In your written response to the question, "You

 

12 stated that Mr. Muhaymin lunged and bumped you to try

 

13 to get into the restroom. Please explain why you did

 

14 not move from the door to allow him to use the restroom

 

15 and wait until the police arrived." That's the

 

16 question that was posed to you, sir.

 

17 And you responded, "Prior interactions

 

18 with Mr. Muhaymin had never become physical. It took

 

19 me by surprise when he bumped me on this day. I was

 

20 having" conversation -- "a conversation with him in the

 

21 lobby outside of the restroom hallway reminding him

 

22 about his dog being off leash. At that point,

 

23 Mr. Muhaymin bumped me in an aggressive manner

 

24 unexpectedly and proceeded to head towards the

 

25 bathroom." Did I read that correctly?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 86 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 84

 

 1 A. Yes.

 

 2 Q. Okay. And that was your response to the

 

 3 question -- to question 10, correct?

 

 4 A. Yes.

 

 5 Q. And the bumping incident, is also the response

 

 6 you gave to the officer when he said, did he assault

 

 7 you, and you said no, we bumped; true?

 

 8 A. That's what I --

 

 9 MS. STILLWELL: Form.

 

10 THE WITNESS: -- told the officer.

 

11 BY MR. FARAJ:

 

12 Q. And that's what you wrote in your statement

 

13 after Mr. Muhaymin died?

 

14 MS. STILLWELL: Form.

 

15 THE WITNESS: Yes. But I mean, he pushed

 

16 me. And bumping or pushing, he pushed me.

 

17 BY MR. FARAJ:

 

18 Q. Okay. Sir, pushing is what you demonstrated.

 

19 Bumping is bumping when you said I got in his way and

 

20 we bumped, right?

 

21 MS. STILLWELL: Form.

 

22 THE WITNESS: But that's not what

 

23 happened. What happened is that he pushed me.

 

24 BY MR. FARAJ:

 

25 Q. I want to be clear. I'm just asking you about

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 87 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 85

 

 1 what you wrote. And I'm asking you if that's what you

 

 2 wrote, if that was your statement, sir.

 

 3 A. If that's --

 

 4 Q. And I think you said --

 

 5 A. If that's what's on here, then yes.

 

 6 Q. Okay. This is your signature, right?

 

 7 A. Yes.

 

 8 Q. Okay. So that's Exhibit 4. You recall --

 

 9 isn't it true, sir, that when you were interviewed

 

10 orally, not written statements, you were interviewed

 

11 orally by a detective, right?

 

12 A. Yes.

 

13 Q. And that was audio recorded, right?

 

14 A. Yes.

 

15 Q. You told the detective that you -- he pushed

 

16 you, Mr. Muhaymin pushed you, and you pushed him back?

 

17 A. That's what the detective -- well, I'll say

 

18 this; that's what I read on his --

 

19 Q. Summary?

 

20 A. -- summary. I haven't listened to the audio,

 

21 so I don't know what was on the audio.

 

22 Q. Okay. Now, if your -- the audio recording

 

23 actually states in your own voice that he pushed you

 

24 and you pushed him, would that be true or untrue?

 

25 A. Well --

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 88 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 86

 

 1 MS. STILLWELL: Are you asking about

 

 2 this?

 

 3 MR. FARAJ: No. It's an audio recording.

 

 4 I don't want to play it. I'm just asking if that's

 

 5 what happened on the audio, would that be true or

 

 6 untrue.

 

 7 THE WITNESS: Can you repeat the

 

 8 question. I'm sorry.

 

 9 MS. STILLWELL: Okay.

 

10 MR. FARAJ: What clarification do you

 

11 want?

 

12 MS. STILLWELL: No. I was just asking

 

13 because this is the -- is this the same recording?

 

14 Because it has interviewer, interviewee.

 

15 MR. FARAJ: No. That is in response to a

 

16 request for clarification from the first incident

 

17 report.

 

18 MS. STILLWELL: I see. Thank you. I was

 

19 trying to figure out which one you were talking about.

 

20 BY MR. FARAJ:

 

21 Q. Sequentially you gave an interview, correct?

 

22 A. Yes.

 

23 Q. And then you were provided some questions,

 

24 right?

 

25 A. Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 89 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 87

 

 1 Q. And then you were asked to give some

 

 2 clarifications. And that's Exhibit 5, right?

 

 3 A. Yes.

 

 4 Q. Okay. I'm talking about the initial

 

 5 interview. Isn't it true -- forget that. Let me

 

 6 rephrase the question. If in your own voice you said

 

 7 if he pushed me, I pushed him, would that be true or

 

 8 untrue?

 

 9 MS. STILLWELL: Form.

 

10 THE WITNESS: If that's what is on the

 

11 audiotape or -- but I don't recall, because I haven't

 

12 heard it.

 

13 BY MR. FARAJ:

 

14 Q. Okay. Did that actually happen? Did he push

 

15 you and you push him back? Forget the audio. Did you

 

16 push him and him push you back?

 

17 A. I didn't push him back. I -- when I went to

 

18 -- it was more a reflex to go back --

 

19 Q. Okay.

 

20 A. -- from his advances.

 

21 Q. Now you have -- is it your understanding, sir,

 

22 that someone with a service animal must have a leash?

 

23 MS. STILLWELL: Form, foundation.

 

24 THE WITNESS: If they do not have control

 

25 of the animal verbally, or yeah, they would have to be

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 90 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 88

 

 1 on a leash.

 

 2 BY MR. FARAJ:

 

 3 Q. So I think what you're saying is if they can't

 

 4 control -- if they don't have control verbally, they

 

 5 must control them with a leash, control it with a

 

 6 leash?

 

 7 MS. STILLWELL: Form.

 

 8 THE WITNESS: That's my understanding.

 

 9 BY MR. FARAJ:

 

10 Q. Okay. And you understand that you can't deny

 

11 people -- you can't treat people with service animals

 

12 differently than people that do not have service

 

13 animals?

 

14 A. Yes.

 

15 Q. Okay. And you understand that even if an

 

16 animal is not under control, if you direct the master

 

17 of the animal to bring it under control and they do,

 

18 then they've complied with what the law requires?

 

19 MS. STILLWELL: Form.

 

20 BY MR. FARAJ:

 

21 Q. Or what the ADA rules require?

 

22 MS. STILLWELL: Form and foundation.

 

23 THE WITNESS: Yes.

 

24 BY MR. FARAJ:

 

25 Q. So just because someone -- tell me if you

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 91 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 89

 

 1 agree this. Just because someone may not have had

 

 2 control of his animal on a certain day, if they have

 

 3 control of their animal on a different day, then you

 

 4 cannot deny them access to a facility based on the

 

 5 previous conduct?

 

 6 A. From my understanding is if -- yes, if they

 

 7 don't have the control of their animal on prior

 

 8 incidents, then -- and it showed aggressive nature

 

 9 towards the staff, then yes.

 

10 Q. Okay. And if an animal shows an aggressive

 

11 nature towards the staff, I'm assuming you would

 

12 trespass that person for a couple of reasons. Would

 

13 you agree that one of the reasons you trespass someone

 

14 is to let that person know you can't come here anymore,

 

15 to put that person on notice? That's fair, right?

 

16 MS. STILLWELL: Form.

 

17 THE WITNESS: Yes.

 

18 BY MR. FARAJ:

 

19 Q. The other person (sic) is you can make a

 

20 record of it to let the staff know people who may not

 

21 be there that, look, this person should not access our

 

22 facility again, right?

 

23 MS. STILLWELL: Form.

 

24 THE WITNESS: Yes.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 92 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 90

 

 1 Q. Now, that did not happen in this case. He was

 

 2 never trespassed before?

 

 3 A. Not from the center, no.

 

 4 Q. Now at the time at the point Mr. Muhaymin

 

 5 finally had control of the animal before the police

 

 6 arrived, why wasn't he allowed to use the bathroom?

 

 7 A. Because he had pushed me.

 

 8 Q. Okay. And you pushed him back or no?

 

 9 A. No, I didn't push him back. I pushed away to

 

10 try to get away from him.

 

11 Q. Okay. And so what were you waiting for at

 

12 that time?

 

13 A. What do you mean?

 

14 Q. You said he pushed me. You didn't tell him to

 

15 leave. You said I want to work with you and words to

 

16 that effect. You didn't say, hey, you pushed me.

 

17 That's aggressive behavior, however you want to put it.

 

18 I want you to leave now. You didn't say anything like

 

19 that?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: I had asked him to leave.

 

22 BY MR. FARAJ:

 

23 Q. Okay. Why did you allow him to use the

 

24 bathroom after the police arrived?

 

25 A. Because he needed to use the bathroom. And at

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 93 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 91

 

 1 that point the officers agreed that it was fine that he

 

 2 could use the bathroom.

 

 3 Q. Why wasn't it fine for him to use the bathroom

 

 4 before? What changed?

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: The reason why he wasn't

 

 7 able to use the bathroom is because he had pushed me

 

 8 and the dog was off leash.

 

 9 BY MR. FARAJ:

 

10 Q. I understand.

 

11 A. And he didn't have control of the dog. And I

 

12 told him that he could use the restroom, but he would

 

13 just need to leave the dog outside, or with somebody

 

14 else. I never told him that he couldn't -- that I

 

15 remember, I don't remember directly telling him that he

 

16 couldn't use the restroom.

 

17 Q. And I think I remember that. And I guess

 

18 that's my question is, once he had control of the dog

 

19 and since you were willing to let him use the bathroom,

 

20 why did you make it a condition that he leave the dog

 

21 outside?

 

22 MS. STILLWELL: Form.

 

23 THE WITNESS: Because the dog had been

 

24 aggressive towards the staff.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 94 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 92

 

 1 Q. Okay. But it was under control now, right?

 

 2 A. But that was after he had pushed me. The dog

 

 3 wasn't in control prior to him pushing me. He didn't

 

 4 get control of the dog until like right before the

 

 5 officer arrived.

 

 6 Q. Sir, I'm going to show you an exhibit that

 

 7 we'll mark as Exhibit 6.

 

 8 (Deposition Exhibit No. 6 was marked for

 

 9 identification by the reporter.)

 

10 BY MR. FARAJ:

 

11 Q. I call your attention to the highlighted

 

12 portion. Under the Americans with Disabilities Act,

 

13 sir, and more specifically under the policy put out in

 

14 this brochure by the City of Phoenix, you understood

 

15 that a business may ask an individual with a disability

 

16 to remove a service animal from the premise if the

 

17 animal is out of control and the animal's handler does

 

18 not take effective action to control it. You

 

19 understand that to be true?

 

20 A. That's what's stated on here.

 

21 Q. Okay. And so in this case, the handler had

 

22 taken effective control of the animal?

 

23 A. He was holding it, but at that point --

 

24 MS. STILLWELL: Form.

 

25 THE WITNESS: -- that wasn't the reason.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 95 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 93

 

 1 He had pushed me at that point.

 

 2 BY MR. FARAJ:

 

 3 Q. I understand, sir. My question is, you said

 

 4 you were willing to let him use the bathroom, but you

 

 5 wanted the dog outside. And my question to you is,

 

 6 based on your understanding of the policy by your

 

 7 employer, once the handler of the animal takes control

 

 8 of it, you shouldn't ask the person to remove the

 

 9 animal from the premise, right?

 

10 MS. STILLWELL: Form, foundation.

 

11 THE WITNESS: That's what it says there,

 

12 yes.

 

13 BY MR. FARAJ:

 

14 Q. And you understood the ADA rules, correct?

 

15 A. Somewhat, yes.

 

16 Q. Well, when you applied for the position as the

 

17 recreation coordinator at the Parks and Recreation

 

18 Department, one of the things that you communicated to

 

19 the Parks and Recreation Department for the City of

 

20 Phoenix is that you monitor and track ADA compliance

 

21 standards to meet state and federal guidelines for

 

22 program participants.

 

23 A. Yes.

 

24 Q. You represent -- you represented that to the

 

25 City of Phoenix when they hired you, correct?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 96 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 94

 

 1 A. Yes. So what typically happens is if --

 

 2 Q. Hold on, sir. Isn't that true?

 

 3 MS. STILLWELL: Form.

 

 4 THE WITNESS: If you're telling me that's

 

 5 one of the requirements on there, yes.

 

 6 BY MR. FARAJ:

 

 7 Q. No. I can -- I guess I can print it out for

 

 8 you. I'm looking at your CV.

 

 9 A. What does CV mean?

 

10 MR. CHAMI: Resume.

 

11 BY MR. FARAJ:

 

12 Q. Your resume.

 

13 A. Okay.

 

14 Q. Isn't it true that you wrote on your resume

 

15 that you monitor and track ADA compliance standards to

 

16 meet state and federal guidelines for program

 

17 participants?

 

18 A. Yes, for program participants.

 

19 Q. Okay. And you are a program participant?

 

20 A. Me personally?

 

21 MS. STILLWELL: Form, foundation.

 

22 BY MR. FARAJ:

 

23 Q. The center.

 

24 A. Well, it would be -- what happens is if people

 

25 are registered, they are able to put on there whether

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 97 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 95

 

 1 there is ADA accommodations needed. And then at that

 

 2 point we contact the individual. And then come up with

 

 3 a plan to see how we're going to meet those if we're

 

 4 able to, if it's a reasonable accommodation.

 

 5 Q. When you represented to the City of Phoenix,

 

 6 sir, that you monitor and track ADA compliance

 

 7 standards, isn't it true that you are representing that

 

 8 you have experience and expertise that allows you to

 

 9 monitor and track Americans with Disabilities Act

 

10 compliance?

 

11 MS. STILLWELL: Form.

 

12 THE WITNESS: It allows me to track

 

13 somebody that has marked yes, they want some type of

 

14 accommodation.

 

15 BY MR. FARAJ:

 

16 Q. Okay. But in order -- go ahead.

 

17 A. Go ahead.

 

18 Q. And in order for you to be able to track, you

 

19 must have the foundational knowledge and experience of

 

20 the ADA guidelines that permits you to do that, true?

 

21 A. I do not. I just --

 

22 MS. STILLWELL: Form.

 

23 THE WITNESS: If they have marked those

 

24 things, then we meet with those individuals. And if we

 

25 need to bring in a representative that has that

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 98 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 96

 

 1 knowledge, then we do.

 

 2 BY MR. FARAJ:

 

 3 Q. I don't think I understand what you're saying.

 

 4 Let me just -- let me just make it simple. Is it true

 

 5 that you represented to your employer that you monitor

 

 6 and track ADA compliance standards to meet state and

 

 7 federal guidelines for program participants?

 

 8 MS. STILLWELL: Form.

 

 9 THE WITNESS: Yes. And we do that

 

10 through their registration when they register for the

 

11 programs. And that's followed up with a question -- or

 

12 with a call, and then a question to sit down and see

 

13 what type of reasonable accommodations are needed.

 

14 Excuse me.

 

15 MR. FARAJ: I believe that's all I have.

 

16 Do you have any questions?

 

17 MS. STILLWELL: I do have a few

 

18 questions.

 

19 MR. FARAJ: You have questions?

 

20 MS. STILLWELL: Yes. I know you have a

 

21 flight to catch so I'll try to --

 

22 MR. FARAJ: Go ahead.

 

23 MS. STILLWELL: -- be very quick --

 

24 MR. FARAJ: Go ahead.

 

25 MS. STILLWELL: -- for you.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 99 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 97

 

 1 EXAMINATION

 

 2 BY MS. STILLWELL:

 

 3 Q. Mr. Tarango, I just have a few quick

 

 4 questions. Mr. Faraj had asked you, and you mentioned

 

 5 that you were the most senior person at the community

 

 6 center when you were there, correct?

 

 7 A. Yes.

 

 8 Q. And I believe you said you started there in

 

 9 August 2017; is that correct?

 

10 MR. FARAJ: He corrected it.

 

11 MS. STILLWELL: Oh, I'm sorry.

 

12 August 2016.

 

13 MR. FARAJ: '16.

 

14 MS. STILLWELL: Thank you, sir.

 

15 BY MS. STILLWELL:

 

16 Q. If you remember.

 

17 A. It was the August right before, but --

 

18 Q. Okay.

 

19 A. -- yes.

 

20 Q. And when you say "right before," you're

 

21 talking about right before the January 4, 2017

 

22 incident, correct?

 

23 A. Yes.

 

24 Q. Okay. So you had been there approximately

 

25 four months, five months; is that right?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 100 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 98

 

 1 A. Yes.

 

 2 Q. And so in that time period had you had time to

 

 3 really address any camera situations?

 

 4 A. I looked into why the cameras -- or trying to

 

 5 figure out why the cameras weren't working. Somebody

 

 6 that was there prior to me at one point had tried to

 

 7 get a quote to get them fixed.

 

 8 Q. Okay. And do you know if some of those

 

 9 cameras were working? Do you know?

 

10 A. I don't know.

 

11 Q. Were you privy or did you receive -- if any of

 

12 the cameras were working, did you receive any of those

 

13 videos?

 

14 A. I did not.

 

15 Q. Did you ever review any videos that may have

 

16 been caught in a camera at the community center?

 

17 A. Not at the center, no.

 

18 Q. Do you know, as you sit here today, whether

 

19 all of the cameras were operable or inoperable?

 

20 A. From my understanding is that they did not

 

21 work.

 

22 Q. All of them, or some of them?

 

23 A. At the center, all of them.

 

24 Q. Okay. And I'm going to jump around a bit. So

 

25 I'm trying to be respectful of Mr. Faraj's time as

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 101 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 99

 

 1 well.

 

 2 Now, you had prior instances with Mr. --

 

 3 and I guess I've been saying it Muhaymin; is that

 

 4 right? No. You're making a face.

 

 5 MR. FARAJ: Let him answer. I thought it

 

 6 was Muhaymin.

 

 7 MR. CHAMI: Muhaymin.

 

 8 MR. FARAJ: Okay, Muhaymin. I've been

 

 9 saying it wrong.

 

10 MS. STILLWELL: Okay. We've been saying

 

11 Muhaymin.

 

12 MR. CHAMI: It's not Muhaymin.

 

13 MS. STILLWELL: Muhaymin?

 

14 MR. CHAMI: Yes.

 

15 MS. STILLWELL: Okay. So Mr. Muhaymin.

 

16 I want to make sure I say it correctly.

 

17 BY MS. STILLWELL:

 

18 Q. You had several occasions when you saw

 

19 Mr. Muhaymin, correct?

 

20 A. Yes.

 

21 Q. And those occasions there was some discussion

 

22 about an IRMA, an incident report, correct?

 

23 A. Yes.

 

24 Q. And that was an incident report that you had

 

25 filled out at some point after the incident?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 102 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 100

 

 1 MR. FARAJ: Objection, form.

 

 2 THE WITNESS: Yes.

 

 3 BY MS. STILLWELL:

 

 4 Q. Do you recall how soon after you filled out

 

 5 this incident report?

 

 6 MR. FARAJ: If you will please refer to

 

 7 the document.

 

 8 THE WITNESS: I --

 

 9 MR. FARAJ: Hold on. The date of the

 

10 incident report.

 

11 MS. STILLWELL: I'm sorry. The date --

 

12 well, I don't have a date of the incident report.

 

13 MR. FARAJ: Or Bates, either way.

 

14 BY MS. STILLWELL:

 

15 Q. The Bates number is COP 011239 through COP,

 

16 there's some text messages, 011246. This is something

 

17 that Mr. Faraj had mentioned in his examination of you.

 

18 Do you recall that?

 

19 A. Yes.

 

20 Q. And how soon after the January 4, 2017

 

21 incident did you prepare this, these notes?

 

22 A. I don't remember exactly, but it wasn't long

 

23 after.

 

24 Q. And when you say "not long after," can you

 

25 guess whether it was a day, or a week, or two weeks?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 103 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 101

 

 1 A. Probably within two weeks.

 

 2 Q. Okay. And in the incident report, if you

 

 3 recall, you listed several incidents involving

 

 4 Mr. Muhaymin and his dog, correct?

 

 5 MR. FARAJ: Form.

 

 6 THE WITNESS: Yes.

 

 7 MS. STILLWELL: And Mr. Faraj, I know you

 

 8 said that you have a copy of this, but I'll have a copy

 

 9 made and have it marked. We're on Exhibit 7?

 

10 THE REPORTER: Yes. Should I mark that

 

11 now?

 

12 MS. STILLWELL: Sure.

 

13 (Deposition Exhibit No. 7 was marked for

 

14 identification by the reporter.)

 

15 BY MS. STILLWELL:

 

16 Q. And I'm going to have to kind of peek at it.

 

17 This is our copy here. You talked about how the dog

 

18 had been aggressive toward the staff. Do you remember

 

19 that?

 

20 A. Yes.

 

21 Q. And in the -- in the notes section, and I'm

 

22 going to show it to you, you have several instances

 

23 starting with August 31st; is that correct?

 

24 A. Yes.

 

25 Q. And what was your recollection of

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 104 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 102

 

 1 Mr. Muhaymin?

 

 2 A. As far as what?

 

 3 Q. As far as his frequency in the community

 

 4 center.

 

 5 A. The times that are listed on there were

 

 6 probably most of the time that I had contact with him.

 

 7 Q. Okay. And so on each of these instances, for

 

 8 instance August 31, 2016, you mention an instance where

 

 9 Mr. Muhaymin got visibly upset and used some curse

 

10 words. Do you recall that?

 

11 A. Yes.

 

12 Q. And in September 2016 there was an issue with

 

13 his dog off the leash; is that correct?

 

14 A. Yes.

 

15 MR. FARAJ: What's the date, please?

 

16 MS. STILLWELL: Yes. It's September 12,

 

17 2016. It's on COP 001240 at the bottom of the page.

 

18 BY MS. STILLWELL:

 

19 Q. And on that date, sir, on COP 011240 at the

 

20 very end or bottom, it talks about late September

 

21 morning. Do you see that, sir?

 

22 A. Yes.

 

23 Q. And this appears like he had come for ice

 

24 again?

 

25 A. Mm-hm.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 105 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 103

 

 1 Q. Is that right?

 

 2 MR. FARAJ: Objection; leading, form.

 

 3 THE WITNESS: Yes.

 

 4 BY MS. STILLWELL:

 

 5 Q. And the following sentence you make a comment

 

 6 there.

 

 7 A. I do.

 

 8 Q. Can you read that for me?

 

 9 A. "The individual became upset and threatened me

 

10 by saying, 'Don't let me see you out on the street.'"

 

11 Q. And so you asked him to leave the facility,

 

12 correct?

 

13 A. Yes.

 

14 Q. And was there also an instance with the dog

 

15 and the staff?

 

16 A. Yes, the dog was barking and being aggressive

 

17 towards the staff.

 

18 Q. Okay. And it appears here that you also have

 

19 written down that he attempted to bite recreation

 

20 leader Hannah Glemba?

 

21 A. Yes.

 

22 Q. Does that sound right?

 

23 A. Yes.

 

24 Q. And that's what this reflects, correct?

 

25 A. Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 106 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 104

 

 1 Q. And I don't want to go through this whole

 

 2 incident report. But in November 2014 -- I'm sorry,

 

 3 November 14, 2016, you indicated he made another

 

 4 threat?

 

 5 A. Yes.

 

 6 Q. And what does that say?

 

 7 A. "Go ahead and call the police what the fuck

 

 8 are they going to do and if you do, you better watch

 

 9 your back."

 

10 Q. And is that the threat that you were referring

 

11 to earlier when Mr. Faraj had asked you some questions?

 

12 A. Yes.

 

13 Q. And do you recall, as you sit here today, you

 

14 know, almost three years later, do you recall whether

 

15 you reported that to your supervisor at the time?

 

16 A. I'm not 100 percent sure.

 

17 Q. Okay. Do you recall if perhaps you talked to

 

18 your staff or the employees at the community center

 

19 about it?

 

20 A. I probably had conversation with them to

 

21 letting them know the situation and what was going on.

 

22 Q. Okay. And attached to that incident report

 

23 you have a couple still shots. And on COP 011243, this

 

24 is a still shot, correct?

 

25 A. It is.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 107 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 105

 

 1 Q. And how is that described at the bottom?

 

 2 A. "Disruptive customer bringing his dog into

 

 3 library and Rec. Center."

 

 4 Q. And what date is that, sir?

 

 5 A. There's a timestamp and date stamp on it that

 

 6 says 10/26/2016.

 

 7 Q. And to the best of your knowledge and ability

 

 8 to tell from this copy, is that Mr. Muhaymin?

 

 9 A. Yes.

 

10 Q. And this -- the COP 011244, that is also

 

11 another depiction, correct?

 

12 A. Yes.

 

13 MR. FARAJ: Form.

 

14 BY MS. STILLWELL:

 

15 Q. And do you know where these video still shots

 

16 had come from?

 

17 A. From the entrance of the library.

 

18 Q. And you said I think earlier that the library

 

19 was not a part of the community center, but close to or

 

20 connected to?

 

21 A. The buildings are connected through a walkway.

 

22 There's -- but they're not connected like by doors, or

 

23 there's probably maybe 10, 15 feet in between them.

 

24 Q. Okay. In between the --

 

25 A. The entrance to the library and the entrance

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 108 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 106

 

 1 to the community center.

 

 2 Q. Okay. Now hold that thought about

 

 3 Mr. Muhaymin and his dog. But I want to go back to Mr.

 

 4 Faraj's diagrams, Exhibit 2 and Exhibit 3. Do you

 

 5 recall these diagrams, sir?

 

 6 A. Yes.

 

 7 Q. And you recall Mr. Faraj's questions about it

 

 8 and his request for you to mark on those diagrams where

 

 9 you were at the time that you had an interaction with

 

10 Mr. Muhaymin; is that correct?

 

11 A. Yes.

 

12 Q. And you indicated on a blue dot, I believe

 

13 where you were standing when Mr. Muhaymin pushed you or

 

14 bumped you, correct?

 

15 A. It's actually more of a dash that -- but, yes.

 

16 I put a dot, but it was kind of elongated to look like

 

17 a dash, and I labelled the other one.

 

18 Q. Have you ever seen these diagrams before

 

19 today, to the best of your knowledge?

 

20 A. I have not, no.

 

21 Q. And it is difficult to tell on Exhibit 2, it

 

22 appears there's two little rooms next to a storage room

 

23 with some lettering, correct?

 

24 MR. FARAJ: Objection, form. I'm just

 

25 going to have a standing objection to leading questions

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 109 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 107

 

 1 as to form.

 

 2 MS. STILLWELL: Sure.

 

 3 THE WITNESS: Yes.

 

 4 MS. STILLWELL: And I'm trying to speed

 

 5 along --

 

 6 MR. FARAJ: I understand.

 

 7 MS. STILLWELL: -- so you can go.

 

 8 MR. FARAJ: So I don't want to keep

 

 9 interrupting. So I'm just going to have a standing

 

10 objection.

 

11 MS. STILLWELL: Okay.

 

12 BY MS. STILLWELL:

 

13 Q. And to the best of your knowledge are those

 

14 the restrooms?

 

15 A. Yes, the ones that you're pointing at.

 

16 Q. The ones next to the storage room, there's two

 

17 smaller?

 

18 A. Yes.

 

19 Q. And then Exhibit 3 is a diagram of the women's

 

20 restroom, correct?

 

21 A. It's actually both the women's and the men's.

 

22 Q. How is this the women's and the men's? Is the

 

23 men's identical to this only mirrored --

 

24 A. No, --

 

25 Q. -- next to it?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 110 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 108

 

 1 A. -- there's a wall separating the two.

 

 2 Q. Okay. But this indicates women's restroom,

 

 3 correct?

 

 4 A. There's one entrance.

 

 5 Q. Uh-huh.

 

 6 A. And this way is the men's and that way is the

 

 7 women's.

 

 8 Q. I see.

 

 9 A. And this is the wall that separates them.

 

10 Q. For purposes of the record, when you say

 

11 "this way," you're pointing to the south of the paper,

 

12 correct?

 

13 A. Yes, the south side is the men's restroom.

 

14 MR. FARAJ: The one with the urinals is

 

15 men.

 

16 BY MS. STILLWELL:

 

17 Q. So --

 

18 MR. FARAJ: Sorry.

 

19 MS. STILLWELL: Thank you for that

 

20 clarification, Mr. Faraj.

 

21 MR. FARAJ: I am just stating the

 

22 obvious.

 

23 MS. STILLWELL: I will have to have a

 

24 quick look at the exhibit.

 

25 MR. FARAJ: They just labelled women's

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 111 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 109

 

 1 restroom on one side, and didn't label the other side.

 

 2 MS. STILLWELL: So looking at the picture

 

 3 you would not know that those were urinals.

 

 4 MR. FARAJ: I spent hours studying it to

 

 5 understand what it is.

 

 6 BY MS. STILLWELL:

 

 7 Q. Anyhow, you have never seen these diagrams,

 

 8 correct, sir?

 

 9 A. I have not.

 

10 Q. Okay.

 

11 A. Or had not, no.

 

12 Q. Now, after -- when Mr. Muhaymin came to the

 

13 facility, were you -- you didn't first observe him,

 

14 correct? Somebody told you he was present?

 

15 A. The day of the incident?

 

16 Q. Yes.

 

17 A. Yes. Somebody came to my office and told me.

 

18 Q. And when you first saw Mr. Muhaymin, was his

 

19 dog off the leash?

 

20 A. Yes.

 

21 Q. And I think you said he was --

 

22 A. Sweeping back and forth.

 

23 Q. -- sweeping?

 

24 A. Running up the hall going from one end to the

 

25 other, two feet in front of Mr. Muhaymin.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 112 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 110

 

 1 Q. And when you say "sweeping," you're just

 

 2 saying side to side; is that correct?

 

 3 A. Side to side, yes.

 

 4 Q. And was his dog acting aggressive at any point

 

 5 on that date that you saw?

 

 6 A. That I saw or that I remember, no.

 

 7 Q. What was your concern about the dog?

 

 8 A. That it had been aggressive on prior occasions

 

 9 towards the staff. And I wasn't sure what was going to

 

10 happen. So I wasn't sure if it was going to be

 

11 aggressive again or not.

 

12 Q. And were you fearful that it would be

 

13 aggressive to the staff or to the public?

 

14 A. Yes.

 

15 Q. And Mr. Muhaymin, when you first approached,

 

16 did he pick up his dog?

 

17 A. No.

 

18 Q. Did he offer to put her on the leash?

 

19 A. No.

 

20 Q. And I think your testimony was that

 

21 Mr. Muhaymin did not pick up the dog until right before

 

22 Officer Grenier arrived; is that correct?

 

23 A. Yes.

 

24 Q. Now Mr. -- Mr. Tarango, are you aware of --

 

25 you mentioned that you're aware an officer had

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 113 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 111

 

 1 testified in this case, but are you aware of any of

 

 2 their testimony?

 

 3 A. No. I just saw him walk out.

 

 4 Q. When you -- after Mr. Muhaymin had pushed or

 

 5 bumped you, who did you tell to call the police, if you

 

 6 recall?

 

 7 A. Hannah.

 

 8 Q. And so Hannah is the one that called it in,

 

 9 correct?

 

10 A. Yes.

 

11 Q. Did you have any involvement in the initial

 

12 call or report to the police officers?

 

13 A. I did not.

 

14 Q. Or I'm assuming she called 911, correct?

 

15 A. Yes, she called 911.

 

16 Q. And did you tell Hannah what to say?

 

17 A. No.

 

18 Q. And -- okay. Strike that.

 

19 Why didn't you trespass Mr. Muhaymin on

 

20 all those prior occasions?

 

21 A. Again, I wanted -- I wanted to work with him.

 

22 He was there at the park. He lived at the park. And I

 

23 wanted to work with him to make things better. I mean,

 

24 I was going to have to see him. We were going to have

 

25 to see each other. And I said it repeatedly in the

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 114 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 112

 

 1 video that, you know, what -- let's figure this out.

 

 2 How are we going to try to figure this out.

 

 3 Q. And when you're talking about the video,

 

 4 you're talking about the -- the camera video that's

 

 5 been attached as Exhibit 1; is that right?

 

 6 A. Yes.

 

 7 Q. From one of the officers?

 

 8 A. From Officer -- I think it was Officer

 

 9 Grenier's.

 

10 Q. Okay. And so you tried to work with

 

11 Mr. Muhaymin, correct?

 

12 A. Yes. I was trying to figure out how we were

 

13 going to be able to work together to try to figure out

 

14 without trying to escalate it any further.

 

15 Q. And was that so he could continue to have

 

16 access to the community center?

 

17 A. Yes. It was for that. And then also just so

 

18 we didn't have to go back and forth any longer.

 

19 Q. Now, in all of your prior instances with

 

20 Mr. Muhaymin, did you have any concerns about his

 

21 mental health?

 

22 A. I didn't -- that wasn't the concern. The

 

23 concern was him getting upset and cussing and

 

24 threatening me because I didn't give him ice, or I

 

25 didn't let him do whatever it is that he wanted to do.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 115 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 113

 

 1 Q. Now, Mr. Faraj had asked you a question that

 

 2 Mr. Muhaymin in the video is holding the dog, and

 

 3 Mr. Faraj had asked, why didn't you let him use the

 

 4 restroom at that time. Was the officer already there

 

 5 at that time?

 

 6 A. Yes.

 

 7 Q. And do you recall that the officer had engaged

 

 8 in a conversation or started the conversation and said

 

 9 hang on, wait a minute?

 

10 A. The first officer that showed?

 

11 Q. Yes, sir.

 

12 A. He didn't say anything.

 

13 Q. Okay. If the video were to depict

 

14 Mr. Muhaymin, that he wanted to use the restroom, and

 

15 the officer said hold on a minute; do you recall that?

 

16 A. Yes. There was an officer that told him to

 

17 hold on.

 

18 Q. Okay. And by that time, at least, that's when

 

19 Mr. Muhaymin had picked up the dog, right? He didn't

 

20 have the dog in his hands before then?

 

21 A. Yes, he didn't have the dog in his hands

 

22 before. He picked it up right before the first officer

 

23 arrived on -- which I think was Officer Grenier. He

 

24 had picked it up like right before that.

 

25 Q. You know, Mr. Faraj spent a lot of time on the

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 116 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 114

 

 1 semantics of wording, whether it's a push or whether

 

 2 it's a bump. At any point did you -- were you

 

 3 untruthful?

 

 4 A. No.

 

 5 Q. Does a bump or a push mean the same to you?

 

 6 A. They're both physical contact, yes.

 

 7 Q. And is that what you were trying to relay by

 

 8 saying bump or push?

 

 9 A. Yes.

 

10 Q. And when Mr. Faraj wanted the demonstration

 

11 earlier of how Mr. Muhaymin had pushed you or bumped

 

12 you, you didn't indicate your reaction to that; is that

 

13 correct?

 

14 A. I did not.

 

15 Q. And you weren't asked to indicate your

 

16 reaction to that, correct?

 

17 A. Yeah, I wasn't asked to.

 

18 Q. And in Exhibit 5, which is your notice of

 

19 inquiry with follow-up questions, on COP 011517 the

 

20 interviewer reads to you from the police department

 

21 incident report that Tony responded by pushing Muhammad

 

22 back?

 

23 A. Yes.

 

24 Q. Now in this interview -- and this interview is

 

25 conducted with the City of Phoenix, correct?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 117 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 115

 

 1 A. Yes, it's with the human resources department.

 

 2 Q. Okay. And so during this interview they

 

 3 wanted you to clarify, and you said, I didn't quite

 

 4 agree with that, correct?

 

 5 A. Yes, I didn't agree with what the police

 

 6 officer had put in that report.

 

 7 Q. And you actually demonstrated the conduct of

 

 8 your actions when you were in that interview; is that

 

 9 correct?

 

10 A. I did.

 

11 Q. And that description is, "While sitting, the

 

12 employee demonstrated the following: He put up both

 

13 his hands, opened and faced away from himself in front

 

14 of his chest as if to protect himself from the push.

 

15 He demonstrated a slight and short push forward and

 

16 simultaneously backed up as if to give space between

 

17 himself and another person. It was not aggressive."

 

18 Is that accurate, sir?

 

19 A. Yes.

 

20 Q. And in this notice of inquiry, in Exhibit 5,

 

21 you indicated that the only thing that you disagreed

 

22 with on the incident report was not that Muhammad

 

23 pushed you, but that you responded by pushing back; is

 

24 that correct?

 

25 A. Yes.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 118 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 116

 

 1 Q. That was a horrible question. So I hope you

 

 2 followed it.

 

 3 A. Yes. He -- yes.

 

 4 Q. Did that make sense? So the only -- you read

 

 5 what the police incident report said, that Mr. Muhaymin

 

 6 had pushed you and you responded by pushing back. The

 

 7 only thing you disagreed with was that you didn't push

 

 8 him back; is that correct?

 

 9 A. That's what jumped out at me or stood out --

 

10 Q. Okay.

 

11 A. -- to me on that.

 

12 Q. And on January 4, 2017 was it your position

 

13 that Mr. Muhaymin had bumped or pushed you with some

 

14 physical contact?

 

15 A. Yes.

 

16 Q. And today is it your position that

 

17 Mr. Muhaymin had pushed or bumped you?

 

18 A. Yes.

 

19 Q. Now in your incident report that we have

 

20 labelled as Exhibit 7 you talk about various threats by

 

21 Mr. Muhaymin from August 2016 through January 2017.

 

22 You recall that?

 

23 A. Yes.

 

24 Q. And in Exhibit 4, which is also the first

 

25 notice of inquiry, there are several questions. And on

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 119 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 117

 

 1 COP 011512 it documents again that Mr. Muhaymin had

 

 2 threatened you; is that correct? Do you recall reading

 

 3 that with Mr. Faraj?

 

 4 A. Yes.

 

 5 Q. And so whether it was in the -- when you were

 

 6 in -- I think you saw in the video the proximity that

 

 7 you were with, with Mr. Muhaymin. Is it your testimony

 

 8 today that based on your previous encounters and the

 

 9 previous threats, you were trying to deescalate the

 

10 situation and downplay it; is that correct?

 

11 A. Yes. I was trying to deescalate the

 

12 situation. Try to figure out how we would be able to

 

13 work together to not get to this point.

 

14 Q. And to get to this point, you're talking about

 

15 getting police involvement; is that correct?

 

16 A. Yes.

 

17 Q. And part of that as well was, I think you

 

18 testified earlier, you were afraid of retaliation?

 

19 A. Yes.

 

20 Q. And is that based on these previous threats

 

21 about seeing you on the street?

 

22 A. Yes.

 

23 Q. Or watching your back?

 

24 A. Yes.

 

25 Q. Mr. Faraj had asked you about Exhibit No. 6.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 120 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 118

 

 1 Do you recall this exhibit, sir?

 

 2 A. Yes.

 

 3 Q. And is that a pamphlet or brochure that's --

 

 4 where is this?

 

 5 A. It's a pamphlet or a brochure that was given

 

 6 to us.

 

 7 Q. And do you remember when you received that

 

 8 brochure?

 

 9 A. It was after the incident.

 

10 Q. After January 4, 2017, correct?

 

11 A. Yes.

 

12 Q. And the -- you're aware of the ADA and the

 

13 obligations, correct?

 

14 A. Yes.

 

15 Q. And under the ADA, do you have an

 

16 understanding of what you need to do, what your -- what

 

17 your requirements are?

 

18 A. I mean, somewhat. I'm not an expert, but --

 

19 Q. Mm-hm. And I think you said earlier about

 

20 accommodation, correct?

 

21 A. Yes. If -- yes.

 

22 MS. STILLWELL: Okay. Give me one

 

23 second. Okay. I have no further questions.

 

24 ////

 

25 ////

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 121 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 119

 

 1 FURTHER EXAMINATION

 

 2 BY MR. FARAJ:

 

 3 Q. That IRMA system, Mr. Muhaymin doesn't have

 

 4 access to it, right?

 

 5 A. No.

 

 6 Q. And according to your IRMA report, he

 

 7 threatened you twice?

 

 8 A. Yes.

 

 9 MS. STILLWELL: Form.

 

10 MR. FARAJ: What?

 

11 MS. STILLWELL: Are you going to give it

 

12 to him?

 

13 BY MR. FARAJ:

 

14 Q. Well, I remember you being -- saying that he

 

15 threatened you on 11/4 and some other date. I

 

16 remembered sometime in September. Yeah. September 12

 

17 and 11/4. There were two threats made.

 

18 A. Yes.

 

19 Q. Okay. And this report was not prepared until

 

20 after the man died?

 

21 A. Yes.

 

22 Q. You could have put -- made the IRMA reports at

 

23 the time they happened?

 

24 MS. STILLWELL: Form.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 122 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 120

 

 1 Q. At the time the threats were made, right?

 

 2 MS. STILLWELL: Form.

 

 3 THE WITNESS: Yes.

 

 4 BY MR. FARAJ:

 

 5 Q. The power was on, the computer was working,

 

 6 you had access to your office. You could have gotten

 

 7 on the terminal and reported the terrible threats that

 

 8 were causing you to be afraid for yourself --

 

 9 A. Yes.

 

10 Q. -- made by Mr. Muhaymin, right?

 

11 MS. STILLWELL: Form.

 

12 BY MR. FARAJ:

 

13 Q. Correct?

 

14 A. Yes.

 

15 Q. And you chose not to?

 

16 A. Yes.

 

17 Q. And you understood that Mr. Muhaymin was

 

18 mentally ill?

 

19 A. I didn't know that.

 

20 Q. I'm not asking you to diagnose him, but he

 

21 lived in a park?

 

22 A. I --

 

23 MS. STILLWELL: Form and foundation.

 

24 THE WITNESS: I don't -- I'm not a

 

25 doctor. So I don't know whether he was mentally ill or

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 123 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 121

 

 1 not. So I can't draw conclusion to that, no.

 

 2 BY MR. FARAJ:

 

 3 Q. He lived in a park?

 

 4 MS. STILLWELL: Form, foundation.

 

 5 THE WITNESS: He was there at the park

 

 6 all the time, yes.

 

 7 BY MR. FARAJ:

 

 8 Q. Well, you said he lived at the park?

 

 9 A. Okay.

 

10 Q. I just wrote down what you wrote. You said he

 

11 lived at the park?

 

12 A. That's what I said, yes.

 

13 Q. And when you were having that conversation

 

14 with him at the bathroom door, he started to go on a

 

15 rant saying things like this is from the master

 

16 builder, the master builder knows mathematics. You as

 

17 a human being and a parent. My son is a graduate of

 

18 ASU. I have a beard, you should respect me. I mean,

 

19 that's not -- those aren't the statements of a normal

 

20 person; --

 

21 MS. STILLWELL: Form, foundation.

 

22 BY MR. FARAJ:

 

23 Q. -- would you agree?

 

24 A. Again, I can't say yes, because I'm not a

 

25 physician. I don't know. But that's the first time

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 124 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 122

 

 1 that I had ever heard him talk that way.

 

 2 Q. Okay. And sir, you -- your location draws a

 

 3 lot of homeless people?

 

 4 A. There are individuals out at the park, yes.

 

 5 Q. And many of them are, for lack of a better

 

 6 word, don't always behave appropriately?

 

 7 MS. STILLWELL: Form, foundation.

 

 8 THE WITNESS: I mean, there are

 

 9 situations where we have to, yes, take care of whatever

 

10 situation or incident that occurs.

 

11 BY MR. FARAJ:

 

12 Q. I understand that there are written

 

13 statements, sir, but you're aware there's a recorded

 

14 statement? You're aware of that, right?

 

15 MS. STILLWELL: Form, foundation.

 

16 BY MR. FARAJ:

 

17 Q. There is an audio-recorded statement that you

 

18 provided to a detective?

 

19 A. Yes.

 

20 Q. Okay. And that occurred very soon after the

 

21 incident, within a day or two, correct?

 

22 A. Yes.

 

23 Q. And your memory at that time would have been

 

24 most fresh for what occurred, true?

 

25 MS. STILLWELL: Form.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 125 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 123

 

 1 THE WITNESS: I would assume so, yes.

 

 2 BY MR. FARAJ:

 

 3 Q. And when you -- when the detective was

 

 4 interviewing you, it was a -- he was pleasant?

 

 5 MS. STILLWELL: Form.

 

 6 THE WITNESS: Yes.

 

 7 BY MR. FARAJ:

 

 8 Q. I mean, he wasn't threatening you, he wasn't

 

 9 causing you to be afraid? He was pleasant with you,

 

10 the detective?

 

11 A. I mean, yes. He was interviewing me. He

 

12 wasn't aggressive or --

 

13 Q. You guys laughed a few times together?

 

14 THE REPORTER: I'm sorry.

 

15 BY MR. FARAJ:

 

16 Q. True?

 

17 THE REPORTER: I didn't hear your

 

18 question.

 

19 BY MR. FARAJ:

 

20 Q. You guys laughed a few times together?

 

21 MS. STILLWELL: Form.

 

22 THE WITNESS: I have not heard the

 

23 recording, and I don't remember. But if you're saying

 

24 that, then yes.

 

25 BY MR. FARAJ:

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 126 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 124

 

 1 Q. Okay. I want you to think back. We don't

 

 2 always remember facts, but we remember how things make

 

 3 us feel, how experiences make us feel. Thinking back

 

 4 on that experience with the detective, you weren't

 

 5 afraid?

 

 6 MS. STILLWELL: Form.

 

 7 THE WITNESS: I don't think afraid was

 

 8 the thing, but it's not every day you talk to a

 

 9 homicide detective. So it wasn't fun, or it wasn't

 

10 jolly or anything like that.

 

11 BY MR. FARAJ:

 

12 Q. Well, he didn't make it sound like you're

 

13 suspected of a homicide?

 

14 A. No. But again -- no, he did not.

 

15 Q. Okay. He asked you to recollect what happened

 

16 and you gave your best rendition of the events that you

 

17 could recollect within essentially hours of the

 

18 incident; isn't that true?

 

19 MS. STILLWELL: Form.

 

20 THE WITNESS: Yes.

 

21 MR. FARAJ: That's all I have.

 

22 MS. STILLWELL: Okay. I just have a

 

23 couple follow-ups.

 

24 ////

 

25 ////

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 127 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 125

 

 1 FURTHER EXAMINATION

 

 2 BY MS. STILLWELL:

 

 3 Q. After the incident you said you've never had

 

 4 to be interviewed by a homicide detective; is that

 

 5 correct?

 

 6 A. Yes, I have never been interviewed by a

 

 7 homicide detective.

 

 8 Q. Was the mere fact, although Mr. Faraj had

 

 9 pointed out that you weren't pointed as a suspect, the

 

10 mere fact that you had that interview with the homicide

 

11 detective, how did that make you feel?

 

12 A. Uncomfortable, scared.

 

13 Q. Nervous?

 

14 A. Nervous. I mean, it wasn't comfortable.

 

15 Q. And the mere fact of a lawsuit being filed

 

16 against you personally, how does that make you feel?

 

17 A. Terrifying.

 

18 Q. Nervous?

 

19 A. Nervous.

 

20 Q. Do you believe you did anything wrong?

 

21 A. No.

 

22 Q. Now, Mr. Faraj had focused on the IRMA being

 

23 filled out after -- or I'm sorry, the interview

 

24 happening after Mr. Muhaymin had passed away. Do you

 

25 recall that testimony, or the question?

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 128 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 126

 

 1 A. Yes.

 

 2 Q. And Mr. Faraj's point was, well, if

 

 3 Mr. Muhaymin passed away, you didn't have anything to

 

 4 fear; do you remember that?

 

 5 A. Yes.

 

 6 Q. Did you see any -- anyone who knew

 

 7 Mr. Muhaymin after this event?

 

 8 A. I did.

 

 9 Q. Who did you see?

 

10 A. Well, I can't remember exactly if it was a

 

11 week or two after. It was shortly after. I was in my

 

12 office. And one of the staff had come up and told me

 

13 that the dog was in the building. And I kind of --

 

14 like I got chills, and I was like what. So I go to the

 

15 bathroom and I say, you know, this is the staff. Is

 

16 anyone in here, 'cause I see the dog.

 

17 Q. And when you are referring to "the dog," are

 

18 you referring to Mr. Muhaymin's dog?

 

19 A. Yes.

 

20 Q. Go ahead.

 

21 A. And so when I ask if anybody's in there, there

 

22 was a gentleman that said yes, I'm in here. And I

 

23 asked him, is that your dog? And he said no, I'm

 

24 taking care of it for a friend.

 

25 Q. Mm-hm.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 129 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 127

 

 1 A. And so I told him -- I said okay. Well, you

 

 2 know, I'll be out here. Can we just -- when you get

 

 3 out, can we just have, you know, a few minutes to talk?

 

 4 So he came out and he was holding the dog. And so I

 

 5 asked him, I was like, hey, is that your dog? And he

 

 6 said no, I'm taking care of it for a friend and his

 

 7 sister because she can't take care of it. And so at

 

 8 the time I just -- I asked him if it was a service

 

 9 animal. And he said no, it's just a dog that she can't

 

10 take care of, and so she asked me to take care of it.

 

11 Q. And is it your belief that this was

 

12 Mr. Muhaymin's dog?

 

13 MR. FARAJ: Form.

 

14 THE WITNESS: It looked -- yes. It

 

15 looked just like it was the dog, yes.

 

16 BY MS. STILLWELL:

 

17 Q. And did the gentleman indicate at all whether

 

18 it was Mr. Muhaymin's dog?

 

19 A. Yes, he said it was his dog. That he was

 

20 taking care of it, because he had died.

 

21 Q. In all of the interactions that you had with

 

22 Mr. Muhaymin prior to the January 2017 incident, did

 

23 Mr. Muhaymin at any time tell you that his dog was a

 

24 service dog?

 

25 A. No, not prior to that incident.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 130 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 128

 

 1 Q. Was January 4, 2017 the first time he said

 

 2 that this was a service dog?

 

 3 A. Yes.

 

 4 Q. Mr. Faraj asked you why you didn't fill out an

 

 5 incident report, an IRMA for each incident, each threat

 

 6 with Mr. Muhaymin. Why didn't you?

 

 7 A. I mean, again, you know, trying to work with

 

 8 people and trying to make sure that, you know, to see

 

 9 what we could find a common ground, so it doesn't get

 

10 to a certain point. I didn't want him not to come in.

 

11 I just didn't want his dog to be biting anybody.

 

12 Q. And as part of the community, do you know for

 

13 certain that Mr. Muhaymin lived at the park?

 

14 A. I'm not 100 percent certain, but he was there

 

15 a lot.

 

16 Q. And is that a conclusion that you jumped to or

 

17 came to based on his frequency?

 

18 A. I mean, it was based on him and how he looked

 

19 and where I would see him.

 

20 MS. STILLWELL: Okay. I have no further

 

21 questions.

 

22 THE VIDEOGRAPHER: This concludes the

 

23 deposition --

 

24 MR. FARAJ: Hold on. Hold on.

 

25 THE VIDEOGRAPHER: I'm sorry.

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 131 of 134
Valley Court Reporting, LLC

www.valleycr.com

Antonio Tarango - July 31, 2019 129

 

 1 FURTHER EXAMINATION

 

 2 BY MR. FARAJ:

 

 3 Q. Just to be clear, just to be clear. So you

 

 4 were terrified when the homicide detective is

 

 5 interviewing you?

 

 6 A. Yeah, I was worried about -- yeah, I was

 

 7 worried.

 

 8 Q. And I just want to understand. Does -- does

 

 9 your ability to tell the truth change when you're

 

10 feeling afraid?

 

11 MS. STILLWELL: Objection, form.

 

12 THE WITNESS: I didn't -- I didn't lie.

 

13 BY MR. FARAJ:

 

14 Q. Okay. We keep going around in circles. I

 

15 just want to make sure that when you spoke with the

 

16 detective -- and you didn't hear it, and I'm going to

 

17 go back to hear it to make sure I have it right -- but

 

18 I just want to understand from you, at that time you

 

19 told the truth?

 

20 MS. STILLWELL: Form.

 

21 THE WITNESS: Yes, whatever I told the

 

22 detective.

 

23 MR. FARAJ: Okay. That's all.

 

24 So, again, I'll remind you that you get

 

25 to review this, make changes. If you make any

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 132 of 134
Valley Court Reporting, LLC

www.valleycr.com

130

 

 1 substantive changes, something -- you know, for

 

 2 example, you said previously my recollection is he

 

 3 lived in the park, and then if you change it and say he

 

 4 didn't live in the park, that could be used to call

 

 5 into question your credibility. But you are free to

 

 6 change whatever you want, okay, if you need to. All

 

 7 right.

 

 8 THE WITNESS: Okay.

 

 9 MR. FARAJ: And you'll have 30 days from

 

10 the date Ms. Stillwell receives it to notify her of any

 

11 changes, and she'll notify us of changes, if any.

 

12 Okay. That's all.

 

13 MR. CHAMI: So in Arizona we do --

 

14 MS. STILLWELL: We'll read and sign.

 

15 Thank you.

 

16 MR. CHAMI: There you go.

 

17 THE VIDEOGRAPHER: This concludes the

 

18 deposition of Antonio Tarango. The time is 5:18 p.m.

 

19 (The deposition concluded at 5:18 p.m.)

 

20

 

21

 

22 _________________________

 ANTONIO TARANGO

23

 

24

 

25

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 133 of 134
Valley Court Reporting, LLC

www.valleycr.com

131

 

 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 

 3 BE IT KNOWN that the foregoing proceedings

 were taken before me, SHERYL L. HENKE, Certified

 4 Reporter No. 50745, that the witness before testifying

 was duly sworn by me to testify to the whole truth;

 5 that the foregoing pages are a full, true and accurate

 record of the proceedings, all done to the best of my

 6 skill and ability; that the proceedings were taken down

 by me in shorthand and thereafter reduced to print

 7 under my direction.

 

 8 [X] Review and signature was requested.

 [ ] Review and signature was waived.

 9 [ ] Review and signature not required.

 

10 I CERTIFY that I am in no way related to any

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

11 the outcome hereof.

 

12 I FURTHER CERTIFY that I have complied with

 the ethical obligations set forth in ACJA 7-206, DATED

13 at Phoenix, Arizona, this 8th day of August, 2019.

 

14

 

15

 _______________________________________

16 Sheryl L. Henke, RPR

 Certified Reporter

17 Certificate No. 50745

 

18

 * * * * * *

19

 

20 I CERTIFY that VALLEY COURT REPORTING, LLC

 has complied with the ethical obligations set forth in

21 ACJA 7-206.

 

22

 

23

 _______________________________________

24 Valley Court Reporting, LLC

 Arizona RRF No. R1054

25

Case 2:17-cv-04565-DLR Document 382-5 Filed 11/30/21 Page 134 of 134