contains confidential informationmediaassets.ktnv.com/document/2016/05/25/mark... · mark robbins...

CONTAINS CONFIDENTIAL INFORMATION

Deposition of:

Mark Robbins

Case:

Francis C. Peterson, et al. v. Kevin Miranda, et al.2:11-CV-01919-LRH-RJJ

Date:

09/04/2013

Mark Robbins CONTAINS CONFIDENTIAL INFORMATION

702-476-4500 OASIS REPORTING SERVICES, LLC Page: 1

1 UNITED STATES DISTRICT COURT

2 FOR THE DISTRICT OF NEVADA

3 FRANCIS C. PETERSON, ) Case No.

4 individually, and LINDA ) 2:11-cv-01919-LRH-PAL PETERSON, individually, )

5 and FRANCIS C. PETERSON ) and LINDA PETERSON on )

6 behalf of ANGELA ) PETERSON, deceased, )

7 ) Plaintiffs, )

8 ) vs. )

9 ) KEVIN MIRANDA, )

10 individually, et al., ) )

11 Defendants. ) ___________________________)

12 ) AND ANY AND ALL RELATED )

13 MATTERS. ) ___________________________)

14

15

16 *** CONTAINS CONFIDENTIAL INFORMATION ***

17 DEPOSITION OF MARK ROBBINS

18 Taken on Wednesday, September 4, 2013

19 By Videotape

20 At 9:08 a.m.

21 At 517 South Ninth Street

22 Las Vegas, Nevada

23

24 Reported by: William C. LaBorde, CCR 673, RPR, CRR

25 Job No. 7689



1 APPEARANCES:

2 For the Plaintiffs:

3 MARC P. COOK, ESQ. Bailus Cook & Kelesis, Ltd.

4 517 South Ninth Street Las Vegas, Nevada 89101

5

6 For the Defendants Clark County School District, Filiberto Arroyo, Brian Nebeker, Loren Johnson and

7 Armando Quintanilla:

8 LESLIE S. GODFREY, ESQ. Greenberg Traurig, LLP

9 3773 Howard Hughes Parkway Suite 400 North

10 Las Vegas, Nevada 89169

11 For the Defendants Tina Zuniga, Mark Robbins,

12 Cynthia Ruelas and Robert Morales:

13 MATTHEW W. PARK, ESQ. Lewis Roca Rothgerber LLP

14 3993 Howard Hughes Parkway Suite 600


16 For the Defendants Kevin Miranda, Eric Miranda and

17 Chary Alvarado Miranda:

18 CHRISTOPHER M. KELLER, ESQ. Pyatt Silvestri

19 701 Bridger Avenue Suite 600


21 Also Present:

22 BECKY ULREY

23 Certified Legal Video Specialist

24 LINDA PETERSON

25



1 I N D E X

2 WITNESS PAGE

3 MARK ROBBINS

4 Examination by Mr. Cook 6

5 Examination by Ms. Godfrey 200

6

7

8

9 E X H I B I T S

10 NUMBER DESCRIPTION MARKED

11 1 Stipulation and Protective Order 6

12 2 Printout of Facebook Pages of 72 Kram Snibbor

13 3 Printout of a Facebook Photograph 76

14 4 Printout of a Facebook Photograph 85

15 5 Photograph 87

16 6 Drawing by Witness 131

17 7 February 5, 2010 Highlights of the 173

18 Week, CCSD000172

19 8 August 4, 2011 Highlights of the 178 Week

20 9 10/31/2011 Memorandum, Rainey to 181

21 Ketsaa, CCSD 000057

22 10 Facebook Post By Mark Robbins 189

23 11 Printout of a Facebook Page of 194 Mark Robbins

24

25



1 P R O C E E D I N G S

2 THE VIDEOGRAPHER: This begins the

3 videotaped deposition of Mark Robbins, being held at

4 517 South Ninth Street, Las Vegas, Nevada, on

5 September 4th, 2013 at the time of 9:08 a.m., in the

6 matter entitled Francis C. Peterson, individually,

7 and Linda Peterson, individually, and Francis C.

8 Peterson and Linda Peterson on behalf of Angela

9 Peterson, deceased, v. Kevin Miranda, individually,

10 et al., and any and all related matters in the

11 United States District Court for the District of

12 Nevada, Case Number 2:11-cv-01919-LRH-PAL.

13 I'm the videographer, Becky Ulrey, with

14 court reporter William LaBorde from Oasis Reporting

15 Services.

16 Will counsel please identify yourselves,

17 and then the reporter will administer the oath.

18 MR. COOK: Marc Cook for the plaintiffs.

19 MR. KELLER: Chris Keller for the Miranda

20 defendants.

21 MS. GODFREY: Leslie Godfrey for Clark

22 County School District, Defendants Arroyo, Nebeker,

23 Johnson and Quintanilla.

24 MR. PARK: I'm Matt Park for Roberto

25 Morales, Tina Zuniga, Cynthia Robbins and Mark



1 Robbins.

2 (Witness sworn.)

3 MR. PARK: Oh, yeah, we can do that at

4 the beginning. Do you want to make it an exhibit

5 or --

6 MR. COOK: If you want to make it an

7 exhibit, that's -- that's fine. I mean, my

8 under- -- why don't we do it this way: We've all

9 signed a protective order with regard to Robbins and

10 the depo as it applies to what we anticipate to be

11 medical issues, that it will be -- have to be

12 identified as confidential according to the terms of

13 the agreement Mr. Park prepared and we all signed,

14 and then if we object to that, we follow the

15 procedures set forth in that document.

16 MR. PARK: That's right. And my

17 understanding is that you've reviewed that with your

18 client, Linda Peterson, who's here today.

19 Is that correct, ma'am?

20 MS. PETERSON: Yes.

21 MR. COOK: Yes.

22 MR. PARK: And -- and you agree to be

23 bound by the terms as well?

24 MR. COOK: My client understands the

25 protective order.



1 MR. PARK: Great. Thank you.

2 Take off your sunglasses.

3 THE WITNESS: Oh, I'm sorry.

4 MR. COOK: And do you want to mark that

5 as an exhibit? I guess we can make copies at the

6 break and have it marked as -- do you want it --

7 MR. PARK: An exhibit to the deposition,

8 that's fine.

9 MR. COOK: Do you want it Defendants' A

10 or do you want it numerical? I don't care.

11 MR. PARK: Whatever you want to do is

12 fine.

13 MR. COOK: Do we care?

14 MR. PARK: We'll mark it at the break.

15 MR. COOK: All right. We'll do that as

16 Exhibit 1 then.

17 MR. PARK: Okay.

18 (Exhibit 1 was marked for

19 identification.)

20 MARK ROBBINS,

21 having been first duly sworn, was

22 examined and testified as follows:

23 EXAMINATION

24 BY MR. COOK:

25 Q. Could you state your name for the record,



1 please.

2 A. Mark, Mark Ward Robbins, Robbins.

3 Q. All right. Mr. Robbins, have you ever

4 had your deposition taken before?

5 A. I believe about 13 years ago in another

6 case.

7 Q. And what was that about?

8 A. I don't even remember. That was with

9 another police department. I believe it had to do

10 with some kind of civil lawsuit, and I was involved

11 with -- it was in Boulder City Police. It was a

12 civil lawsuit. I got involved. It was a domestic

13 violence case. It ended up wenting [sic] to court

14 on a civil matter, but I was a witness.

15 Q. All right. You were not a party to it?

16 A. No. I was a police officer. I was a

17 party in a way, yes.

18 Q. Were you a named defendant or a named

19 plaintiff?

20 A. No. I showed up on a call.

21 Q. Are you aware generally the procedures

22 for a deposition?

23 A. Yes.

24 Q. Okay. Have you observed any of the

25 videotape or reviewed any of the transcripts from



1 the depositions in this case?

2 A. No.

3 Q. Generally what's going to happen is I'm

4 going to ask you some questions. Other counsel will

5 be free to follow up and ask some questions as well.

6 You're going to answer. What you say is going to be

7 recorded both through the camera and video as well

8 as through a transcript. You'll have an opportunity

9 to review that and make any changes as you deem

10 necessary.

11 I think for a clean transcript to work,

12 though, there's a couple things we've got to be on

13 the same page with. First, if I ask you a question,

14 you don't understand what I'm asking, I need you to

15 let me know that. Okay?

16 A. Yes, sir.

17 Q. All right. I'll explain it, re-ask it,

18 tell you what I'm trying to get to, whatever we need

19 to, but when you answer a question, I'm going to

20 assume that you understood the question then. Is

21 that fair?

22 A. Makes sense.

23 Q. All right. In common conversation, we

24 kind of talk over people all the time. I need you

25 to wait till I'm done with the question before you



1 start your answer. Okay?

2 A. Normal court proceedings, yes.

3 Q. And I need you then to, if I cut off one

4 of your answers, let me know so I can let you get a

5 complete answer on the record. Can you do that as

6 well?

7 A. If you cut me off, I'll wait until you're

8 done.

9 Q. No, no. Okay, okay. But you got to let

10 me know you had more to your answer if I cut you

11 off. Okay?

12 THE WITNESS: So interrupt him?

13 BY MR. COOK:

14 Q. I don't care whether you interrupt me or

15 wait till I'm done, but at some point I need you to

16 let me know, "I had more to my answer than that."

17 MR. PARK: If you have more to say, let

18 us know.

19 THE WITNESS: Gotcha.

20 BY MR. COOK:

21 Q. All right. I know you said "normal court

22 proceedings." Have you testified in court before?

23 A. Yes.

24 Q. About how often?

25 A. Lost count.



1 Q. All right.

2 A. 200 times.

3 Q. So you're pretty familiar with generally

4 these procedures?

5 A. Very much so.

6 Q. All right. Do you have any questions of

7 me about this process before we get going?

8 A. Nope. No, sir.

9 Q. Are you suffering from any illness or on

10 any medication or anything that would prevent you

11 from going forward today and giving your best

12 testimony?

13 A. I want to --

14 MR. PARK: And at this point I will just

15 note that it's under the -- the confidential

16 information under the protective order.

17 MR. COOK: Not yet. Let me find out if

18 he's got something; right?

19 MR. PARK: Okay. He can say, yeah, sure.

20 MR. COOK: Because that wouldn't be

21 confidential because that we may need for other

22 purposes.

23 MR. PARK: Right, fine. The answer will

24 be, but --

25 A. I'm shaking a lot. I'm on medications.

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1 As you can see, it's uncontrollable just 'cause of

2 the meds I'm on. I'm not going to go into detail of

3 what I got.

4 I'm on extreme nausea medication. It's

5 suitable for cancer patients. It's one of the

6 things I'm waiting on.

7 Number two, I last about two or three

8 hours a day. I don't get -- and I have -- my energy

9 level is (making sound). Last two weeks has just

10 been -- that's why we had to move the other one.

11 I'm not doing it to play games. I'm bigger than

12 that. I'm older than that. This is a case that's

13 serious.

14 I'm good for about two or three hours a

15 day just to let you know, but I'm on a plethora of

16 medications.

17 BY MR. COOK:

18 Q. All right. What medications are you on?

19 A. I'm not going to disclose that.

20 Q. You have to disclose it because it's

21 important that we understand --

22 MR. PARK: You can disclose it.

23 BY MR. COOK:

24 Q. -- whether you're on any medications that

25 affect your memory, sir.

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1 A. Right now I'm not on any medications that

2 affect my memory.

3 Q. Okay. Are you a medical doctor?

4 A. No, but --

5 Q. Okay.

6 A. -- I'm well versed.

7 Q. I need to know what medications you're

8 on.

9 A. Okay. It stays in this room.

10 MR. PARK: Right.

11 A. I've got a lung problem. Right now

12 they're trying to figure out if it's cancer. I'm on

13 medications for that. We're trying to calm down my

14 breathing. I'm on inhalers, steroids that open up

15 my lungs.

16 This was all due and started with

17 pneumonia scarring the lung. Of course I've been --

18 I didn't take care of it right away like most normal

19 men do and I pushed it off for a few weeks. I got

20 extremely sick in February, towards the end of

21 February. I ignored it until the next month. Then

22 I ended up in bed. I was missing days of work,

23 calling off sick. Finally my boss told me, "This is

24 ridiculous. You need to" --

25 \\\

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1 BY MR. COOK:

2 Q. Who was your boss that told you it was

3 ridiculous?

4 A. My boss is in this? Okay. It's Sergeant

5 Kurak.

6 Q. Okay. Then --

7 A. So with the advice of him and with the

8 advice of other people in the department, my health

9 was definitely affecting my job at that point. I've

10 never been so sick in my life. I'm still not sure

11 what's going on, but I left. I put in for a Family

12 Medical Leave.

13 Everything wasn't cleared up by then. I

14 tried to go back to work. They wouldn't take me.

15 They said, "You need medical leave of absence till

16 we get clearance from all your doctors." I forgot

17 what the name of the -- Strossin [ph.] is the cancer

18 doctor and I forgot the name of it and also a few

19 other problems as far as stomach, and it was a mess.

20 Basically the long and the short, I've

21 been through a lot.

22 Q. I --

23 A. I'm here today. I told him I was sick

24 this morning. I dragged myself here 'cause I do

25 want to do this.

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1 Q. The -- the question I asked you --

2 A. Yes.

3 Q. -- was specifically what medications are

4 you on?

5 A. Gabapentin off the top of my head 'cause

6 I'm on about 16 of them. That's for nerves, going

7 through all this. I'm also on pain medication. I

8 haven't taken one of those in two days.

9 Q. What is that medication?

10 A. Hydrocodone 10/325.

11 Q. All right.

12 A. And that was from a motorcycle accident.

13 I have to go into back surgery. I got back surgery

14 in about two weeks.

15 MR. PARK: And --

16 A. I got a broken tailbone and I got a

17 herniated disk in my back.

18 MR. PARK: And just to be clear, all

19 these answers about his health information we

20 believe are protected under the protective order.

21 MR. COOK: I mean, my question was, "What

22 medications are you on?" I mean, he's not

23 answering.

24 THE WITNESS: Sir, I can't --

25 MR. COOK: I'm just trying to get -- and

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1 he said there's about 16, so so far I haven't tried

2 to get into any of the medical stuff. I'm still

3 trying to get testimony so I know what medications

4 so I can evaluate whether his memory is good. I

5 mean, that's all I've done, so it's all kind of

6 collateral.

7 MR. PARK: No, I -- I understand. I

8 mean, my issue is, you know, his ultimate diagnosis.

9 Go ahead.

10 THE WITNESS: If I knew you were going

11 down this road, I would have been more than happy to

12 lay it all out on the table and you could have

13 looked at it, but I didn't know you were going this

14 in depth, so --

15 MR. PARK: But you can tell him what you

16 remember.

17 THE WITNESS: What I can remember is I am

18 on pain medication and muscle relaxers from the

19 accident.

20 BY MR. COOK:

21 Q. Pain medication and muscle --

22 A. I'm not on medication, on muscle relaxers

23 or hydrocodone, right now so I can give a clear

24 testimony.

25 Q. Okay. And then you said about 16 and

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1 I've got hydrocodone and gaba something that I hope

2 the court reporter got.

3 A. Gabapentin.

4 I'm on nausea pills, two different types.

5 I'm on ulcer medication. I'm on a liquid medication

6 for gastrointestinal problems. All this stemmed

7 from the sickness that I got.

8 I'm on medication so I can use the rest

9 room properly. It's kind of embarrassing, but I

10 don't --

11 Q. Do you have the names of any of these

12 medications?

13 A. No, sir, I don't. I got to stop there.

14 I forgot half the names. 16 bottles, I'm giving you

15 the best I can.

16 Q. Okay. You said you forgot half the

17 names. I've got gabapentin and hydrocodone. Do you

18 know any other names of any medications out of the

19 16 you're taking?

20 A. Can I check my cell phone?

21 Q. Whatever you need.

22 A. I'm doing my best here.

23 I'm on -- I don't know the names, but in

24 order for the doctor, the specialist, that I went

25 to, I did have to take this picture of the

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1 medications that I was on for him. That's the best

2 I can do for you. I don't have names.

3 As -- as far as it goes, as far as the

4 major ones, that I'm trying to keep myself from

5 vomiting and keeping myself awake and stuff and

6 functional halfway. I haven't left the house in

7 like 14 days. These are the medications I'm on. I

8 spend 90 percent of my time in bed.

9 MR. PARK: If you --

10 A. And I don't know the names.

11 MR. PARK: If you need, we can get you a

12 list of what he has.

13 MR. COOK: What -- what I was going to

14 suggest is he E-mail that to you, you produce that

15 with a list of what they are.

16 MR. PARK: Right.

17 MR. COOK: And then I can move right past

18 this. You can stamp that confidential if you --

19 MR. PARK: That's fine. That would be

20 under the protective order. We can do that. Then

21 you can move past this.

22 MR. COOK: All right. Perfect. So we

23 got the med -- what meds you're on.

24 MR. PARK: Yeah.

25 THE WITNESS: Just to let you know, one

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1 of them makes me tremor, and that's what I'm going

2 through right now, so --

3 BY MR. COOK:

4 Q. And the ones that you think could have

5 potentially affected your memory, the painkiller,

6 muscle relaxer, you're not on at this time?

7 A. The only thing that is going to affect my

8 memory is the time lapse. As far as the medication,

9 I'm fine.

10 Q. Okay.

11 A. 'Cause I haven't taken any to prepare for

12 this with a clear mind.

13 Q. What is your occupational background?

14 A. Five years with Boulder City Police. I

15 used to be a fireman back in New York. I was an EMT

16 back in New York. I moved out here. Boulder City

17 PD, I was there for five years. I was a Las Vegas

18 constable for two years.

19 I moved -- I didn't get fired from any of

20 my jobs. I've always walked out with stellar. I

21 just kept progressing up. I decided to take a job

22 with the School Police because I like dealing with

23 children. I think it's cool, and so I took a job

24 with them and it's been interesting ever since.

25 Q. When were you with Boulder City Police

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1 approximately?

2 A. 2005. Yeah, till 2005. I started in two

3 thousand and -- two thou- -- the middle of 2000,

4 summer, I got sworn in.

5 Q. And then were you a constable before or

6 after Boulder City Police?

7 A. I did both at the same time.

8 Q. When were you a constable?

9 A. Whew, I first moved out here 14 years

10 ago. It took me two years to get that when I moved

11 out here. It took me two years to get that job. I

12 would say I was a constable -- well, if I started in

13 '05 with CCSD and I was doing both jobs, so I would

14 say I started with the constable's about 2002, '3,

15 best of my recollection.

16 Q. What is Hilbert -- Hilbert College?

17 THE WITNESS: Is that okay?

18 Hilbert College is a private college in

19 New York.

20 BY MR. COOK:

21 Q. Did you go there?

22 A. Yes.

23 Q. For what?

24 A. Criminal justice and psychology.

25 Q. Did you graduate with a degree?



1 A. Yes. No, I didn't graduate that school

2 from a degree, no. I didn't graduate any school

3 from a degree. My job -- my job at that time got in

4 the way. I was making a lot of money.

5 Q. When did you go there?

6 A. I graduated in '96. I spent two years --

7 that was a long time ago. I'm 35 now.

8 I graduated in '96. I took a year off.

9 '7, '97, I spent at Erie Community College for

10 criminal justice, got stellar grades. Then I got

11 accepted to a private school, so it must have been

12 two years after that, '98, '99. No. No, that's

13 wrong. I'm sorry.

14 Yeah. '99.

15 Q. And when did you last go to --

16 A. And I spent three years there. When did

17 I last go to what?

18 Q. To Hilbert College.

19 A. I don't remember. When did I last go? I

20 don't know. I just put the math out there. When

21 did I last go to that college or any --

22 Q. Yes.

23 A. -- college?

24 Q. That college.

25 A. Best of my recollection, it was two years



1 after I got out of community college, so that would

2 be '96. I graduated in '96, '7, '8, '99, 2000.

3 Q. All right.

4 A. I think.

5 Q. Did you go to any colleges after that?

6 A. Empire State, Erie.

7 Q. Empire State, was that on-line you did

8 that?

9 A. Yeah.

10 Q. Okay.

11 A. I went to -- I'm doing this off the best

12 recollection off the top of my head. Without a

13 résumé in front of me, this is kind of confusing.

14 Q. Do you keep a résumé?

15 A. Of course, yes. I'm a professional.

16 It's on hand.

17 MR. COOK: All right. I'm going to

18 request that you produce that, Matt. Thank you.

19 THE WITNESS: Okay. Got to repeat the

20 question.

21 BY MR. COOK:

22 Q. Any other colleges? I've got Erie,

23 Empire and Hilbert.

24 A. Edinboro University. That was the last

25 college I went to. That was in Pennsylvania, and



1 then I moved out here.

2 So I've got like -- I don't know -- five

3 or six years of education, just no degree at this

4 point 'cause of work.

5 Q. And then when you started at Clark

6 County -- I'm sorry, at Boulder City Police

7 Department, what were your job duties?

8 A. Police officer.

9 Q. Were you a patrolman?

10 A. Yes.

11 Q. Were you a patrolman the whole five

12 years?

13 A. Yes.

14 Q. Any dis- --

15 A. One year in the academy, four years on

16 the street.

17 Q. Any disciplines?

18 A. Never.

19 Q. And two years in the constable, what were

20 you doing there? What were your duties?

21 A. Serving daddy notices that don't pay,

22 warrants, executing warrants, active warrants that

23 Las Vegas Metropolitan can't catch up with.

24 Basically with constables, too, we had a division

25 that towed and impounded cars that were illegally



1 parked in the street.

2 Basically a constable job is like a

3 step-in. It's a stepping-stone in law enforcement.

4 I put myself through the academy, so I pretty much

5 had a choice of whatever I wanted 'cause of my

6 grades and I put myself through and everything like

7 that, but I chose to go to Boulder and -- I don't

8 know.

9 Q. When you were first hired at the School

10 District, what were your job duties?

11 A. First hired, orientation and training for

12 the first eight months.

13 Q. After that?

14 A. Patrol, traffic, ensuring the safety of

15 the students, protecting the property of CCSD,

16 enforcing the local and the federal laws within my

17 patrol area, making arrests, well, deciding whether

18 I'm going to make an arrest or not, you know, in

19 certain things, misdemeanors and stuff like that,

20 dealing with the community. I was big into

21 community projects at elementary schools, a couple

22 different ones. I got into that for a few years

23 really big, and other than that, patrol duties.

24 Q. Were your job duties as of January 2013

25 the same as they were when you started?



1 A. Yes. And I was considered very good at

2 what I did. I've never had a boss write me up.

3 I've never had a disciplinary action. I've been

4 verbally warned once about something.

5 MR. PARK: That's good. Answer the

6 question he asks.

7 THE WITNESS: Okay.

8 BY MR. COOK:

9 Q. What were you verbally warned once about?

10 A. Okay. I got an anonymous call saying

11 that I was speeding on the highway. They got the

12 wrong car.

13 I take my job very seriously. I'm by the

14 book. This is my career.

15 Q. Did you ever try and test up for sergeant

16 or anything like that?

17 A. Not yet. I don't believe I'm ready yet.

18 I still got more experience to learn. I'm 35.

19 Q. Aren't there sergeants younger than you?

20 A. Absolutely. I'm not ready yet. I still

21 got a lot more to learn.

22 Q. Why do you think you're not ready? What

23 more do you think you have to learn?

24 A. 'Cause when I jump into a position, I

25 want to be perfectly efficient. I don't want to be



1 looked like as a fool. I know what I know and I

2 know a very lot. I'm not saying I know everything.

3 I'm just not personally ready for that.

4 Q. Why are you not personally ready for

5 that?

6 A. In a few years I may be. It's just a

7 personal decision of mine.

8 Q. I didn't ask when you thought you would.

9 A. I just answered that. I said when I'm

10 personally ready I will put in my application.

11 There's -- I'm sick right now. I've got a lot of

12 things on my plate that I have to deal with health,

13 and this is the last thing on my mind.

14 Q. All right. Well, you said you started

15 feeling sick in February 2013; is that correct?

16 A. February.

17 Q. All right. Why didn't you test for

18 sergeant prior to February 2013?

19 A. I just answered that question. I said

20 I'm not personally ready for it yet. I love my

21 duties now. I have fun with what I do now. I

22 figure -- my game plan was the time I was about 40 I

23 was going to go ahead and put in for sergeant just

24 because I don't want to be a sergeant yet. I love

25 what I do. I take pride in it, and I do my job.



1 I'm not ready. I don't -- I don't want

2 it right now. It has nothing to do with the money.

3 I love my job.

4 Q. When is the last time you worked your

5 job?

6 A. When did I go out? FMLA was -- when was

7 the last day of school?

8 MR. PARK: I don't know.

9 A. I'm sorry. I'm trying to think. It was

10 the day before the last day of school. I had to

11 throw in the towel. I was throwing up in a parking

12 lot while I was on duty I was so sick, called my

13 boss and I said, "I need to go home." Next day I

14 filled out the paperwork for FMLA.

15 I don't know.

16 BY MR. COOK:

17 Q. So that's sometime end of May, beginning

18 of June this year?

19 A. No. January, February, March, April.

20 Best of my knowledge, I think it was April I handed

21 in my FMLA paperwork. It was the beginning of

22 April.

23 I was stubborn. I thought I could handle

24 myself. I didn't think I was that sick. I thought

25 bed rest and some medicine would take care of me.

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1 It progressively got worse, and then that's when I

2 went to St. Rose Hospital.

3 Q. And that was beginning of April, is the

4 last day you worked?

5 A. Oh, God, I don't remember without having

6 the paperwork in front of me. I've been through a

7 lot. I -- I don't remember the date I last left.

8 Q. When you --

9 A. All I know, it was the day before -- it

10 was the day before school ended, and I couldn't take

11 it anymore.

12 Q. When you say you've been through a lot,

13 are you talking about medically?

14 A. Yes.

15 Q. All right. Typically you're aware that

16 summer vacation for school -- how long have you been

17 a -- sorry. Let me strike that.

18 How long have you been a Clark County

19 School District police officer?

20 A. Oh, I thought I said '05, '05, 9 of '05.

21 Q. So about eight years?

22 A. Yes.

23 Q. All right.

24 A. 9/5 of '05 now that I'm remembering.

25 Q. All right. So in those approximately

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1 eight years of being a School District police

2 officer, is your best recollection that school ends

3 in April, May or June?

4 A. Well, it ends in June.

5 Q. Okay. So if you -- if your last day was

6 the day before the last day, wouldn't your last day

7 have been June something of 2013?

8 MR. PARK: Objection, form. Go ahead.

9 THE WITNESS: I'm sorry?

10 MR. PARK: I just said, "Objection,

11 form," but you can answer the question.

12 THE WITNESS: I'll answer.

13 BY MR. COOK:

14 Q. I'm sorry?

15 A. Okay. Let me explain. When you're sick,

16 the most important thing on your mind at that point

17 the day that I left work is, number one, I don't

18 want to leave work. I love my job. Number two, I

19 was completely useless.

20 I don't remember the exact day. Human

21 resources would remember the exact day.

22 It was -- all I know for sure, it was the

23 day before school released. I was going to hang in

24 there for that last day, and I told my boss, "I'm

25 going to try to hang in here for this last day."



1 Q. This is all I'm trying to figure out, and

2 I'm trying not to make this more complicated than it

3 should be, but I asked you when your last day was

4 and you said both the beginning of April and the day

5 before the last day of school --

6 A. Okay. You're not going to --

7 Q. -- and -- you need to let me finish the

8 question.

9 MR. PARK: Hang on.

10 BY MR. COOK:

11 Q. And if the last day of school is in June,

12 I'm trying to find out if when you said "the last

13 day of school" you meant something different than

14 the last day before summer vacation.

15 Do you understand what I'm asking you?

16 A. No.

17 Q. Okay.

18 MR. PARK: I mean, maybe --

19 MR. COOK: Go ahead.

20 A. I'm getting a general gist of where

21 you're going.

22 MR. PARK: I think what he wants to know

23 is if your best recollection is that your last day

24 of work was the day before school ended.

25 THE WITNESS: I just said that, yes. It



1 was the day before --

2 MR. PARK: And --

3 THE WITNESS: -- school ended. I know

4 that for a fact.

5 MR. COOK: You got to let him ask you his

6 questions too.

7 MR. PARK: And -- and -- and that's just

8 the regular school schedule? He just wants to make

9 sure that we're all talking about the same thing,

10 the regular, normal school schedule.

11 THE WITNESS: Yeah.

12 MR. PARK: Yeah. Okay. I think

13 that's --

14 THE WITNESS: I know it was the day

15 before school, so there you go.

16 MR. PARK: I think that's resolved.

17 BY MR. COOK:

18 Q. All right. So you were working sick from

19 February through the day before the last day of

20 school; is that correct?

21 A. Absolutely.

22 Q. All right.

23 A. I tried putting it up. You know, I told

24 my boss I was sick numerous times, and he said, "Can

25 you make it through the day?" And of course being



1 the man that I am and I love my job and I have a

2 good work ethic, I stuck it out, which was the wrong

3 thing to do.

4 Q. And how long from when you had your last

5 day at work till you went to see the doctor that

6 provided that statement that you would not be able

7 to have your deposition taken? Do you know which

8 doctor I'm talking about?

9 A. Gregory?

10 Q. Yeah.

11 A. Dr. Gregory. It was two different

12 doctors. Dr. Gregory wrote -- wrote it, and it

13 was -- I think it was the day before I left work for

14 good. Well, not for good, but for my medical leave

15 best of my recollection.

16 Q. Do you know who P.A. Troche is,

17 T-r-o-c-h-e?

18 A. Who?

19 Q. Troche, have you ever been to a physician

20 with that name?

21 A. Troche?

22 Q. Okay.

23 A. Yeah.

24 Q. What did you see him for?

25 MR. PARK: And again, this is all -- any

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1 of the confidential information would be under the

2 protective order.

3 A. I don't remember. I've got six different

4 doctors. Don't remember what he treats me for

5 without looking it up. I got Dr. Gregory, Dr. Tim.

6 Another one starts with a T, that one, and I got a

7 couple more.

8 BY MR. COOK:

9 Q. In June 2013, what was your understanding

10 of your diagnosis?

11 A. I was first diagnosis [sic] with the

12 easiest thing, and that was vertigo, which causes

13 constant dizziness and dizziness turns into

14 vomiting, a sick stomach, nausea.

15 Q. Since June of 2013, have you been

16 diagnosed with anything else besides vertigo?

17 A. Yes. I have back problems. I have a

18 herniated disk and a fractured tailbone.

19 Q. And that was caused by a motorcycle

20 accident?

21 A. Yeah, a long time ago.

22 Q. When is "a long time ago"?

23 A. I don't recall. Four years.

24 Q. Does that prevent you from riding your

25 motorcycle?

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1 A. Not at first. It was one of those things

2 as far as the herniated disk, as you probably

3 know -- I don't know if you've been through it --

4 before the pain starts setting in with a herniated

5 disk, you need a good month because of the movement,

6 and the more you move the more it starts swelling,

7 the more it starts getting herniated, and then the

8 pain really starts kicking in.

9 Q. And you said that was about four years

10 ago that the accident happened; is that correct?

11 A. Was it -- three -- yeah, four.

12 Q. And it took about a month, you said, for

13 the pain to start setting in, so when's the last

14 time you rode your motorcycle since that accident?

15 A. The pain -- well, there was numbing pain

16 and little shoots of pain, but I ignored it, and it

17 took about a month for it really starting to set in.

18 When's the last time I rode my

19 motorcycle? With a back brace, I rode my

20 motorcycle. The wife was at work. I think it was

21 like three weeks ago. I'd been in the house for two

22 and a half weeks. I got out. I got on it. I put

23 my back brace on, and I took a ride from my house to

24 the Boulevard, turned around and came back. If

25 you're a motorcycle guy, you'll understand.

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1 Q. How often have you been riding your

2 motorcycle this summer since you've been on Family

3 Medical Leave?

4 A. None. Once, twice at the most.

5 Q. The --

6 A. For a birthday party that I had to show

7 up to and -- and then to ride around a few blocks,

8 and that was it. I'm thinking about selling it

9 'cause I don't know if I'll be able to ride it

10 again.

11 MR. PARK: How you doing?

12 THE WITNESS: I got to use the rest room.

13 MR. PARK: Can we take a quick break?

14 MR. COOK: Yep.

15 THE VIDEOGRAPHER: Off the record at 9:39

16 a.m.

17 (Recess taken.)

18 THE VIDEOGRAPHER: We are back on the

19 video record at 9:45 a.m.

20 BY MR. COOK:

21 Q. Mr. Robbins, I'm going to go through

22 these issues in greater detail later, but I just

23 wanted to get kind of a preliminary sense of where

24 you stand on a few of these things that we've heard

25 testimony about in some of the prior depositions.



1 Kevin Miranda says at the Wamsley party

2 on November 29th, 2009 he sat down with you at the

3 party while he had a Jack and Coke with him. Is he

4 lying?

5 A. Yes.

6 Q. He also says at the party on November

7 29th, 2009 at the Wamsley house he finished that

8 Jack and Coke, made a fresh one and sat back down

9 with you. Is he lying about that too?

10 A. Yes.

11 Q. And he says you were there at the table

12 with him while he was playing beer pong. Is he

13 lying about that?

14 A. Yes.

15 Q. Lieutenant Burgess says you told him that

16 there was a cover-up of the department's involvement

17 in Angela's death. Is he lying too?

18 A. He got it misconstrued.

19 Q. He misunderstood something?

20 A. Yes.

21 Q. He also says that you told him that

22 Lieutenant Young was ordered to take down the party

23 fliers. Is he lying about that?

24 A. I'm sorry. I said that?

25 Q. That you told him --



1 A. That's wrong.

2 Q. -- Lieutenant Young --

3 A. That's not true.

4 Q. You got to let me finish the question.

5 Lieutenant Burgess says that you told him

6 Lieutenant Young was ordered to take down the party

7 fliers. Is he lying about that?

8 A. I just answered yes, that is not true.

9 Q. Lieutenant Burgess also says that you

10 told him you brought a case of beer to the Wamsley

11 party. Is he lying about that?

12 A. It's not true.

13 Q. So he's lying about that?

14 A. Yes.

15 Q. Christina Zeddies also testified that you

16 brought liquor to the Wamsley party on November

17 29th, 2009. Is she lying?

18 A. Yes.

19 MR. KELLER: Form.


21 BY MR. COOK:

22 Q. Penny Higgins says that she saw you

23 sitting down drinking with Miranda at a table at the

24 Wamsley party on November 29th, 2009. Is she lying?

25 A. Yes.



1 MR. KELLER: Form.

2 BY MR. COOK:

3 Q. And she also says that you were standing

4 by Miranda while he was playing beer pong with your

5 wife and Tina Zuniga at the Wamsley party. Is she

6 lying about that?

7 MR. PARK: Object to form. Go ahead.

8 Go ahead. You can answer.

9 A. If he was, I didn't see him. I just met

10 the guy. But there was no kids.

11 BY MR. COOK:

12 Q. Vince Glaviano said that you were

13 concerned about being investigated for lying in your

14 police interview with Metro after the party. Is he

15 lying?

16 MR. PARK: Object to form. Go ahead.

17 THE WITNESS: Why's he got to go on?

18 MR. PARK: You -- you can answer the

19 question.

20 THE WITNESS: I don't know Vince

21 Glaviano. I don't know why he's asking -- saying

22 that stuff. No.

23 Repeat the question again.

24 BY MR. COOK:

25 Q. Glaviano says you said you were concerned



1 about being investigated for lying in your interview

2 with Metro about the party. Is he lying?

3 A. Yes.

4 Q. Okay. Do you have any idea why all these

5 different people would tell lies about you?

6 MR. PARK: Objection, form, foundation,

7 calls for speculation.

8 MR. COOK: You can answer.

9 MR. PARK: You can answer.

10 A. I'll answer in the most political way I

11 can, but I'll -- I'll lay it all out there. 150

12 officers in -- in the department, telephone game,

13 things get misconstrued. Half of the stuff that I'm

14 hearing right now, I'm just as mad about it as when

15 I was with him hearing all this stuff.

16 I've worked all my life to become a

17 police officer. There are two sides to CCSD.

18 Obviously some people like you; some people don't

19 for whatever reason. Certain people like to step

20 forward and aim things and allegations towards

21 people they don't like.

22 Glaviano I've talked to once in my life

23 when he first got hired. It's a big department. I

24 work on the other side of town. When he was

25 working, he was working a whole different shift. My



1 run-in with him his first day of employment, half an

2 hour. "I'm Mark Robbins."

3 "I'm Vincent Glaviano."

4 I've been a cop longer than him. He's a

5 rookie. I introduced myself, and that's it. I

6 wasn't his field trainer. I don't know much about

7 him. I don't know why he's saying that.

8 There's certain people that feed off

9 other people, and that's how things get.

10 BY MR. COOK:

11 Q. Kevin Miranda's not a Clark County School

12 District police officer; correct?

13 A. That's correct.

14 Q. Okay. Now, you said you had never met

15 him before that party?

16 A. That's the first time I met him in like,

17 "How you doing? I'm Mark." I've seen him, never

18 met him.

19 Q. So if your wife testified that you had

20 met him more than five times before that party, is

21 she lying?

22 A. Never met him five times before that

23 party.

24 Q. How many times before that party did you

25 meet him?



1 A. Tina Zuniga's house, we went there one

2 time, and he was with Marisa. We were picking up

3 Tina. We were going out. It was a long time ago.

4 And me and Tina and -- and my wife were going out,

5 and I believe Kevin was at the house. I didn't even

6 say "hi" to him. I didn't even know who he was

7 'cause I got out of the car, waited for the girls to

8 get out of the house and then we left, and I kind of

9 met him in passing, but I didn't even say a word to

10 him. But I know Tina's daughter, so I talked to

11 her.

12 But the first time I -- really I got

13 introduced to Kevin Miranda for a second and a half

14 was at the party.

15 Now, if me and the wife were around and

16 she knows him and she thought I knew him, that's a

17 different story, but I'm not very talkative.

18 Q. And if Tina Zuniga says that you met

19 Kevin Miranda multiple times, is she lying, before

20 the party?


22 A. I don't understand what the definition of

23 "met" is. "Met" to me is shaking hands, looking a

24 man in the eye and saying, "Hi, I'm Mark Robbins."

25 If "meeting" means passing by and I ignore the



1 person because Tina's daughter is his girlfriend and

2 I could care less about Tina's daughter and who her

3 boyfriend is 'cause I'm friends with -- I was -- at

4 the time I was friends with Tina, and my wife

5 obviously, we were dating or whatever, but I

6 don't -- honestly I didn't care who he was because I

7 don't know him.

8 Unless I know somebody, I don't go out of

9 my way just to be like, "Hey, what's going" --

10 but --

11 BY MR. COOK:

12 Q. You knew who he was before the party;

13 correct?

14 A. Had an idea, didn't know who he was. I

15 knew his first name was Kevin 'cause that's what I

16 was told.

17 Q. And you knew you had seen him at Tina's

18 house and --

19 A. Sure.

20 Q. -- you knew that he was going out with

21 Marisa?

22 A. I knew that he was dating Marisa at the

23 time, yes.

24 Q. And you knew he was a minor; correct?

25 A. At Tina's house, I -- no, I didn't know



1 he was a minor, nor did I care. At Tina's house, I

2 had no idea he was a minor.

3 Q. At any point before or at the party, you

4 knew he was a minor; correct?

5 A. I never asked him his age, no.

6 Q. You've been a school cop eight years.

7 You can't tell a 15-year-old from a 21-year-old?

8 MR. PARK: Objection, form.

9 BY MR. COOK:

10 Q. Is that what your testimony is, sir?

11 MR. PARK: Same objection. Go ahead.

12 You can answer.

13 A. I am a school cop, but I don't guess

14 ages. I can estimate. Estimate doesn't go in

15 police reports unless you're investigating a traffic

16 investigation.

17 BY MR. COOK:

18 Q. Estimate doesn't go in police reports?

19 Estimate goes in police reports all the time.

20 A. Facts go in police reports. Estimates

21 are guesses. Unless it's a car accident with a

22 fatal, then.

23 Q. And if I asked your wife if you knew the

24 general age of Miranda and she said, "Sure, yes," is

25 she lying too?



1 MR. PARK: Objection, foundation,

2 speculation, calls for speculation.

3 A. How can she speak for me? I don't know.

4 BY MR. COOK:

5 Q. Okay.

6 A. I don't tell her everything. "Hey, is

7 that guy 16 or is he 14?" I don't care because I

8 didn't know the guy.

9 If you run into somebody on the street, I

10 don't know him.

11 Q. And you were not at a tailgate party

12 while Kevin Miranda was playing beer pong months

13 before this event, a UNLV game?

14 A. No.

15 Q. Okay.

16 A. Not unless I didn't know him at the time

17 and I don't remember him being there. I have a very

18 close knit of friends. I remember that UNLV game.

19 I actually do. It was Tina. It was me. It was our

20 regular group of friends. It was Tina. It was me.

21 I can't -- I really can't remember who

22 else was there. I do remember that.

23 Q. And you don't remember Marisa and Kevin

24 Miranda playing beer pong on -- I think it was by a

25 Lincoln Navigator?



1 A. No. Beer pong outside?

2 Q. Yeah.

3 A. No.

4 Q. Sorry. Lincoln Continental.

5 A. That was my wife's truck. Beer pong at a

6 UNLV game, no. I did go to a UNLV game years ago

7 with the department.

8 Q. Right. The months before this party,

9 2009; correct?

10 A. Was it? I guess, yeah. There are very

11 lot of people there. I pay attention to my close

12 knit of friends.

13 Q. Well --

14 A. Who Marisa's dating, I don't care.

15 Q. Okay. Would you consider your wife part

16 of your close-knit group of friends?

17 A. She's my wife. She's my best friend.

18 Q. All right. So in 2009 at that UNLV

19 party, you would have been paying attention to your

20 close group of friends, which would have included

21 your wife; correct?


23 You can answer.

24 A. Say it again.

25 MR. COOK: Can you read it back, please.



1 THE WITNESS: Do you want me to answer or

2 no?

3 MR. PARK: You can answer. Just --

4 THE WITNESS: What's the objection?

5 MR. PARK: -- I will -- I will object,

6 but you can go ahead and answer unless I say, "Don't

7 answer."

8 THE WITNESS: Okay. So repeat the

9 question.

10 (Record read by the court

11 reporter.)

12 A. Yes.

13 BY MR. COOK:

14 Q. So if she was playing beer pong with

15 Miranda, you would have noticed; correct?

16 A. Depending on where I was in the tailgate

17 party. You have to remember that most of CCSD was

18 there, and I'm a social butterfly so I would hop to

19 my friends from place to place.

20 If she was playing beer pong with Kevin

21 Miranda --

22 Q. Did you just say you were a social

23 butterfly?

24 A. With my friends, yeah.

25 Q. Who is your group of friends?



1 A. All of them?

2 Q. Well, you said you had a close-knit group

3 of friends; right?

4 A. Yes.

5 Q. Okay. Who are they?

6 THE WITNESS: I have to put my name --

7 friends' names out here?

8 MR. PARK: You can tell him who your

9 friends are.

10 THE WITNESS: Anthony Gamboa, one of my

11 best friends. Got a buddy named George, one of my

12 best friends.

13 BY MR. COOK:

14 Q. George have a last name?

15 A. George doesn't work for the department.

16 Q. I didn't ask you if he worked for the

17 department. I asked if he had a last name.

18 MR. PARK: You can answer that.

19 A. I just hate bringing people into this

20 that have nothing to do with this. His name's

21 George Z. That's what we call him.

22 BY MR. COOK:

23 Q. Okay. What is his last name?

24 A. Zack.

25 Q. Thank you.



1 Who else?

2 A. Shawn. Now I forgot his last name. He

3 just got married. Or not him who got married.

4 Shawn and Erin. It's Gamboa. Yeah, Gamboa, Anthony

5 Gamboa, Shawn, Erin, all last names, yeah, Gamboa.

6 Who else? Some of the people that I work

7 with, obviously his name's Chris Chin.

8 Q. Did you say --

9 A. I don't know. I could go down a name of

10 list.

11 Q. Did you say "Chris Chin" or "Christian"?

12 A. Chris Chin.

13 Q. Okay.

14 A. He's Chinese.

15 I -- oh, man. It's hard to put me on the

16 spot. I got a close-knit group of friends, but --

17 okay. That's -- that's the top three that I trust

18 with my life.

19 Q. What's your relationship like with

20 Lieutenant Burgess now?

21 A. Right this very second?

22 Q. Uh-huh.

23 A. He was my sergeant. As far as I knew, we

24 were great. Then I left -- he left being my

25 sergeant. I don't know what the stance is now. I



1 haven't seen him. He hasn't been my sergeant since

2 the beginning of last school year.

3 Q. There's nothing about your relationship

4 with Lieutenant Burgess that would lead you to

5 believe he has anything against you then; correct?

6 A. Oh, I --


8 A. Before he left my area, he called me

9 stellar and one of the best officers, just like most

10 of the higher-ups do. After he left, he went to the

11 main station. I didn't see him for months.

12 MR. PARK: Are you all right?

13 Can we take a break?

14 MR. COOK: Yep.

15 THE VIDEOGRAPHER: Off the record at

16 10:01 a.m.

17 (Recess taken.)


19 record at 10:11 a.m.

20 BY MR. COOK:

21 Q. Sir, I was asking about Lieutenant

22 Burgess. Best of your understanding, you're not

23 aware of any reason Lieutenant Burgess would have to

24 lie about you; correct?

25 A. I don't know. At the point I worked with



1 him, no.

2 Q. You're not aware of anything that

3 happened since then either, are you?

4 A. As -- as far as I thought, I never

5 thought.

6 Q. All right. Now, you said that when

7 Lieutenant Burgess said that you told him there was

8 a cover-up that -- that there was a

9 miscommunication. What did you mean by that?

10 A. I said there was no cover-up. As far as

11 I know, I wasn't -- I had nothing to do with a

12 cover-up. I didn't even know what he was talking

13 about at that -- at that point as far as the

14 cover-up thing.

15 Q. At what point?

16 A. At the point where I was -- when I was

17 talking about it. I was very vague on all this

18 cover-up stuff. This is -- I think this is when it

19 first -- this whole thing first hit the news, and --

20 yeah.

21 Q. So when this first hit the news, you had

22 a conversation with Dan Burgess; is that correct?

23 A. Yeah.

24 Q. Okay. Where was that conversation?

25 Where did it take place?



1 A. Parking lot, Von Tobel Middle School.

2 Q. And what was discussed?

3 A. We talked about if I got my reports in.

4 We talked about how many arrests I made that day,

5 talked about how far back we were, I believe, and he

6 asked me what was going on, if I was okay

7 personally, and he said, "What's all this stuff

8 about a cover-up?" Basically I'm just paraphrasing.

9 And -- and I rolled my eyes, and I said, "There's no

10 cover-up. I don't understand why people are saying

11 cover-ups. About what?"

12 I just -- and that was about it. I don't

13 know why -- okay. Go ahead.

14 Q. What else happened during that

15 conversation? What else was discussed?

16 A. I don't remember really. I don't

17 remember. Unless there's something I'm missing, I

18 don't remember.

19 Q. Do you remember talking to him about

20 having conversations still with Chief Arroyo?

21 A. Before or after the incident?

22 Q. After Arroyo was no longer with the

23 department.

24 A. Yes.

25 Q. What was your conversation with Burgess



1 about talking to Arroyo? Strike that. Let me back

2 up for you.

3 You had conversations with Arroyo after

4 Arroyo was terminated; is that right?

5 A. Yes.

6 Q. Okay. When?

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

8 Q. Within a month of his termination?

9 A. I don't recall.

10 Q. All right. What was your con- -- how

11 many conversations with Arroyo?

12 A. Well, we were friends before this

13 started. Not like friends, but we came on at the

14 same time. I don't know. I don't know. I have no

15 idea. I'm sorry.

16 Q. Were your conversations after Arroyo was

17 terminated telephonic, in person or some combination

18 of the two?

19 A. I've talked to him through my whole

20 career. As far as all this that's happening, I

21 don't remember. I'm assuming I talked to him, yeah,

22 after all -- this has been a long -- this has been a

23 long time. Yes, I'm pretty sure I've talked to him.

24 MR. PARK: And you just need to listen

25 to -- to Marc's question.



1 A. Since the -- yeah.

2 BY MR. COOK:

3 Q. Right. Since Arroyo was terminated, have

4 you talked to him in person?

5 A. Not in person, no. Phone.

6 Q. Okay. About how many occasions after

7 he's been terminated have you spoke to him on the

8 phone?

9 A. Three.

10 Q. What were the topics of those

11 conversations? I think you said you don't remember

12 when they were. Is that correct?

13 A. I know it was shortly after he got

14 terminated. I honestly don't know when the other

15 ones were. I know I talked to him, but I honestly

16 don't know the dates and -- I don't know.

17 Q. All right. Well, what was the topic of

18 those conversations?

19 A. "What are you doing with yourself? Are

20 you enjoying life? What's going on? Are you

21 moving?" You know, just --

22 Q. Did you have any discussions with him

23 regarding his displeasure with his termination?

24 A. No. His exact words to me was -- I said,

25 "How you doing?" And he said, "It is what it is,



1 and it's time for me to move on to the next chapter

2 of my life," or something like that. And that was

3 it. I mean --

4 Q. And when the news started about these

5 cover-ups, did you have any conversation with Arroyo

6 saying, "Hey, do you know anything" --

7 A. No.

8 Q. -- "about this?"

9 A. No, sir.

10 Q. Did you have any discussion with Arroyo

11 at all about a cover-up?

12 A. No, sir.

13 Q. Anything else you remember in those

14 conversations?

15 A. I mean, I can be -- how personal do I

16 have to get? Does it have to be about this case or

17 other conversations between me and him privately

18 about nothing that has to do with this?

19 Q. Let me ask it this way then: Did you

20 have any conversation -- you said you had three,

21 approximately, telephone conversations with Arroyo

22 after he was terminated; correct?

23 A. Best of my recollection, I'm saying yes,

24 to be safe, three.

25 Q. Okay. You say "yes, to be safe." Does



1 that mean it could have been more?

2 A. Less.

3 Q. Okay. Between two and three?

4 A. Yes.

5 Q. All right. How long were each of these

6 conversations approximately? And I don't mean down

7 to the minute, but I mean was it, you know, a

8 30-second phone call or was it a 20-minute phone

9 call or something in between?

10 A. When we talk, we talk. Half-hour.

11 Q. Okay. So since his termination, your

12 total talk time with him is somewhere between an

13 hour and an hour and a half?

14 A. Half-hour. I said a half-hour.

15 Q. Oh, I thought you meant a half-hour each

16 phone conversation.

17 A. I thought you meant how much on one phone

18 conversation. Rephrase.

19 Q. Okay. Let me try that again.

20 You spoke to him on the phone two or

21 three times; correct?

22 A. Sure, yes.

23 Q. Okay. And that's Arroyo subsequent to

24 his termination? We're still --

25 MR. PARK: After.



1 A. Yes. I know it's subsequent, yes. I'm

2 just trying to think.

3 BY MR. COOK:

4 Q. All right. And each of those

5 conversations you believe lasted about a half an

6 hour; is that correct?

7 A. Best of my recollection, half an hour.

8 Q. Okay. Is it your testimony that the

9 extent of your conversation about his termination

10 was, "How are you doing?" and he said, "It is what

11 it is," and he's moving on?

12 A. Pretty much, yeah.

13 Q. Okay. And is it your testimony that you

14 had no conversation with him at all about any

15 cover-up or any allegations of cover-ups?

16 A. No, sir.

17 Q. Okay. Did you have any conversations

18 with him about the lawsuit itself?

19 A. No, sir.

20 Q. Okay. So your half-hour conversations

21 with Arroyo were with the exception of -- of that

22 small bit about termination were purely personal in

23 nature, had nothing to do with the lawsuit or Angela

24 Peterson or the party; is that correct?

25 A. That is correct.



1 Q. Okay. Now, when I asked Chief Arroyo the

2 same series of questions, he said he had spoken to

3 you once, it took about four minutes, and the extent

4 of your conversation was that the lawsuit was filed

5 and what attorney was going to represent who. Is he

6 lying?

7 A. No. I -- the -- no, that's not even

8 right. Listen. Okay. That's not even right.

9 We didn't talk about the case. He asked

10 me, "How are you doing?" That was the extent about

11 the case that came out, "How are you doing?" That

12 was it. "Are you okay? Is your family okay? How's

13 it going? Are you all right?"

14 Q. Let me read you his testimony from page

15 176 of his deposition.

16 A. I already read it. Go ahead.

17 Q. Oh, you read his deposition?

18 A. Yes. Go ahead.

19 Q. Do you recall earlier in your deposition

20 where I asked you if you had read any of the

21 depositions in preparation for this case and you --

22 A. Yes.

23 Q. -- said, "No"?

24 A. Preparation as far as the CDs? I got

25 handed like three CDs.



1 Q. Whose depositions have you reviewed prior

2 to your deposition here today?

3 A. I looked at Morales's and I looked at my

4 wife's, but not with a review as in like sit down

5 and study forever because I don't want their

6 comments getting mixed up with mine. This happened

7 a long time ago. I want to keep it fresh.

8 Q. So you reviewed Morales's; correct?

9 A. Not from top to bottom, but I did look.

10 Q. All right. You reviewed your wife's

11 deposition?

12 A. Not from top to bottom, but I did look.

13 Q. You reviewed Arroyo's deposition?

14 A. Not to top to bottom, but I did look.

15 Q. Who else's?

16 A. Thomas.

17 Q. Okay. Who else?

18 A. Higgins.

19 Q. All right. Any others?

20 THE WITNESS: I think that's when I was

21 with you. I looked through.

22 MR. PARK: Yeah, and -- and --

23 THE WITNESS: I didn't spend much time.

24 I just looked through. I want my own clear head and

25 I'm doing this, but I -- I looked through and I



1 looked at key little points that I was trying to --

2 but --

3 MR. PARK: Yeah, and -- and he's not

4 asking what you and I talked about. He just wants

5 to know what you remember that you saw.

6 THE WITNESS: Okay. So we'll get back to

7 what I saw. As far as reviewing in depth, sitting

8 there and taking notes, no, because I want my fresh

9 mind on my details and what I saw.

10 BY MR. COOK:

11 Q. I've never asked you if you took notes.

12 I'm trying to find out whose depos you looked at.

13 This is what I've got: Morales's, your wife's,

14 Arroyo's, Thomas's and Higgins'.

15 A. I'm sorry. When you said "read," I

16 thought you meant the whole way through.

17 Q. Anyone else's?

18 A. Nah, I -- no.

19 Q. All right.

20 MR. PARK: You can just tell him what you

21 remember.

22 THE WITNESS: All right.

23 BY MR. COOK:

24 Q. This is from page 176 of Arroyo's

25 deposition: "How many times have you talked to



1 Robbins since your position was changed in October

2 2011?" That was his leaving date with the School

3 District.

4 His response: "Once."

5 I said, my answer, "Just as the court

6 case began to progress, he contacted" -- I'm sorry.

7 Strike that.

8 I asked him, "When was that?" When was

9 his conversation with you.

10 And this was his response: "Just as the

11 court case began to progress, he contacted me.

12 Actually, right after I finished conversing with him

13 for four minutes regarding what attorney was going

14 to represent who, I contacted my attorney, who

15 informed me not to have any more contact with him."

16 I said, "So from October 2011 to as we

17 sit here today, you have had one conversation with

18 Mark Robbins?"

19 He said, "Correct."

20 "And what was the content of that

21 conversation?"

22 His answer: "Basically he wanted to let

23 me know that he was under the impression that they

24 were going to give separate attorneys so we would

25 not be able to interact or go forward with anything,



1 and I basically informed him that I would contact my

2 attorney and verify and to thank me for the

3 information -- or thank him for the information."

4 It's your testimony here today that that

5 testimony I just read from you from former Chief

6 Arroyo is inaccurate; isn't that true?

7 MR. PARK: Objection, foundation. Go

8 ahead. You can answer.

9 A. Give me a minute to think. One more time

10 just read it again, what you just read.

11 BY MR. COOK:

12 Q. Do you want me to read question, answer

13 or is there one particular one that you want? I

14 mean, let me --

15 A. Start from the beginning, please.

16 Q. All right. When I --

17 A. I'm sorry.

18 Q. When I asked when was that that he talked

19 to you, his answer: "Just as the court case began

20 to progress, he contacted me. Actually, right after

21 I finished conversing with him for four minutes

22 regarding what attorney was going to represent who,

23 I contacted my attorney, who informed me not to have

24 any more contact with him."

25 A. I do remember that conversation, yes.



1 I'm sorry. I do remember that. That was the first

2 phone call that we made.

3 Q. All right. Well, if that was the first

4 phone call you made --

5 A. I believe. I mean, that was the first

6 phone call we made about -- after this. "We're not

7 allowed to talk." I told him we have two different

8 attorney representing each other and that there

9 was -- nobody was allowed to talk about anything

10 that had to do with the case. And then we started

11 talking about his future plans because I just wanted

12 to know what he was doing.

13 But yeah, I do actually remember that.

14 I'm sorry.

15 Q. And was that your second conversation

16 with him or your first or was this an additional one

17 that you had not recalled?

18 A. I don't recall. I don't recall if it was

19 the first, second, third, fourth, last, whatever.

20 I -- I don't recall. I'm sorry. But yes, we talked

21 more than once. When did you take his deposition?

22 Q. Same time yours was scheduled, that same

23 week.

24 A. We talked more than once.

25 MR. PARK: You okay?




2 MR. PARK: Do you want to take a second?

3 THE WITNESS: No.

4 MR. PARK: Okay. Go ahead.

5 BY MR. COOK:

6 Q. And you're saying when Lieutenant Burgess

7 testified that you told him that not only were you

8 not getting investigated, Robbins told him it was

9 being covered up, that he somehow misconstrued you

10 saying "not covered up" with "covered up"; is that

11 correct?

12 A. I remember looking at him straight up and

13 saying, "What's going on with -- with all this

14 nonsense? What's going on? What's -- what's

15 happening?" And he said -- I'm trying to remember

16 exactly how the whole conversation went down. And I

17 looked at him. I said, "There was no cover-up. I

18 don't even know what you're talking about."

19 That was it. I mean, as far as that was

20 it, that was it. And I said it to him exactly like

21 I just made the face to you, like in disgust.

22 "There was no cover-up, so just -- just let it be

23 and let everything handle itself."

24 Burgess likes to pry, and I'm kind of a

25 person who unless I'm under oath I don't give out



1 much information. After 14 years of being a cop, I

2 don't.

3 Q. Do you know Mike Thomas?

4 A. I do.

5 Q. Do you have any reason to believe he

6 would lie to your --

7 A. Absolutely.

8 Q. -- detriment?

9 And why would he lie to your detriment?

10 A. Do you want the full story or just down

11 to it?

12 Q. I want the question --

13 A. Full story is --

14 Q. -- answered whatever it takes to answer

15 the question.

16 A. Full story, we started working together a

17 long time ago. We used to be very best friends. As

18 far as I knew, we were best friends for a very long

19 time till I got a phone call one day.

20 THE WITNESS: Can I go into the phone

21 call and --

22 MR. PARK: Yeah.

23 THE WITNESS: Until I got a phone call

24 today [sic] during my wife's mother's birthday

25 party, which I was pulled out of, and he called me,



1 and this is the first time I learned that there is a

2 lot of distrust and people I can't trust that are

3 sitting around me in the department, and I'm not

4 used to all this. Coming from the East Coast, I'm

5 not used to the backstabbing and all this other

6 stuff.

7 He called me, one of my best friends --

8 and I don't know if he brought this up --

9 interrupted my wife's mom's dinner, which I had to

10 step outside 'cause he was yelling on the phone,

11 "Man, you're in some deep trouble. You're in some

12 deep trouble. You need to return my call." So I

13 said, "I'll step out quietly and I'll return the

14 phone call."

15 I went outside, and he said, "Hey, hey,

16 hey, I just want to let you know that there's

17 pictures of you and Kevin Miranda drinking and

18 playing beer pong." I looked at the phone, put it

19 back up to my ear, and I said, "No. Why are you

20 doing this? What -- what's going on?" He goes,

21 "No, I'm serious. I'm serious."

22 Not bringing up his track record, but he

23 does tend to lie. "I'm serious. I'm serious."

24 I said, "What pictures?"

25 "Pictures of you with Kevin Miranda and



1 playing beer pong."

2 I said, "Oh, yeah? Show them to me. I

3 never played beer pong with Kevin Miranda. It's a

4 bunch of -- it's a lie. It's not true. What are

5 you doing? Where did you see these pictures and why

6 are you telling me this?"

7 "Well, I can't give out who I saw them

8 from, but they'll come out eventually. I'm just

9 trying to help my friend out and give you the

10 heads-up."

11 And I said, "No. You're trying to get me

12 to say something like, 'Oh, my gosh, pictures?'"

13 But I knew I had nothing to do with it.

14 That's when I lost my friendship with

15 him. I called him out as a liar. He knew I was

16 lying -- or he knew he was lying. I called his

17 bluff 'cause I told him I wanted to see the

18 pictures.

19 "Oh, yeah, I'll meet you. I'll meet you

20 next shift. I'll show you the pictures."

21 I'm like, "Okay, cool. This ought to be

22 interesting 'cause I really want to see the

23 pictures."

24 He never met me. He never called me. I

25 tried calling him after. I tried meeting him.



1 Didn't answer his phone, went right to voice mail.

2 Been trying to get in touch with him at work since,

3 saying, "Really, I want to see these pictures."

4 Ignore phone call after phone call after phone call.

5 That's when I realized that for some

6 reason, just like sometimes there is, there's

7 cliques, and once a person, somebody finds something

8 to dig into, whether they're your friend or not,

9 they go for it.

10 BY MR. COOK:

11 Q. When was this conversation with Mike

12 Thomas?

13 A. On my -- can I text my wife and ask her

14 when her mom's birthday is two years ago 'cause I

15 don't know off the top of my head?

16 MR. PARK: I think he wants an

17 approximate time, what you can remember.

18 A. Fall of -- fall of -- when the news first

19 broke. I don't know what year that was.

20 BY MR. COOK:

21 Q. Well, three years ago would be 2010.

22 When --

23 A. Yeah.

24 Q. -- the story broke, it was --

25 A. Sounds about right. Whenever it broke on



1 the news and it became a big deal, that's when I got

2 the phone call from him, and about a day later I

3 figured out the guy's not a friend. He has

4 something going on in the background. I'm not sure

5 what it is and why he wants to do this, but I asked

6 him numerous times to show me the pictures and that

7 was it.

8 Q. And do you have any reason to believe

9 Penny Higgins would lie to your detriment?

10 A. Absolutely.

11 Q. And what are those reasons?

12 A. She had a lot of problems at work up in

13 dispatch. I guess she didn't like the way she --

14 the way it went and she got terminated, so, you

15 know, there's a lot of vindictive people out there

16 and people go after other people when they're

17 unhappy or they feel they've been treated unjust.

18 Can't really speak for Penny Higgins, but

19 that's sure as heck what it looked like. She

20 disappeared very -- quite fast, and, you know, numerous

21 times I've heard her complain about upper management

22 and dispatch, and she's a very miserable person.

23 Q. When did you hear her complain?

24 A. I heard her complain a bunch of times.

25 Used to -- when we used to be able to go up in the



1 dispatch as officers in order to get paperwork and

2 stuff like that, I'd hear her in there. Grouchy. I

3 would just ignore her 'cause I had nothing to do

4 with her.

5 Q. Any idea why she would lie about you then

6 as opposed to somebody else if she was just grouchy

7 and miserable?

8 THE WITNESS: Can I talk to you for a

9 second?

10 MR. PARK: Answer his --

11 MR. COOK: You have to answer the

12 question first.

13 MR. PARK: Answer the question first.

14 THE WITNESS: Yeah. She had it after the

15 chief. She had it after upper brass. She wants her

16 job back. She didn't get it back, didn't want her

17 to come back 'cause of the sickness she has. She

18 didn't get her paperwork in on time and she got

19 terminated, disgruntled employee.

20 BY MR. COOK:

21 Q. Where'd you get that information?

22 A. Word travels around a small department.

23 Q. Okay.

24 A. So it's hearsay.

25 Q. I -- I just asked where you got it.



1 A. I know.

2 Q. Okay. But you didn't answer that part.

3 Where'd you get it? Who told you?

4 A. Hearsay around the department.

5 Q. Do you understand that's not responsive

6 to, "Who told you?"

7 A. I don't remember who told me exactly.

8 Numerous people.

9 Q. Okay. Who were the numerous people?

10 MR. PARK: Objection. He just answered

11 he doesn't remember them.

12 A. I don't remember. I'm sorry.

13 BY MR. COOK:

14 Q. You don't remember anyone who told you

15 that?

16 A. If I said, I'd be making it up off the

17 top of my head.

18 Q. All right. So then your testimony is

19 numerous people told you that, but you don't

20 remember any of them; is that correct, sir?

21 A. It's a long time ago. Who was it?

22 I don't remember. I -- I don't remember

23 exactly who. I'm trying to figure out what patrol

24 area I'm at -- I was that long ago.

25 The first person I heard it from was Dere



1 Danezotes [sic], dispatcher in CCSD Police. To the

2 best of my recollection, that's the first person

3 that I heard it from.

4 Q. Now, if she was mad at her superiors,

5 you're not her superior, are you?

6 A. No, but I'm wrapped up in this, and there

7 was a superior there.

8 Q. And I'm sorry. What?

9 A. And there was a superior there.

10 Q. Who was the superior there?

11 A. Lieutenant Morales.

12 Q. So how does that lead you to believe she

13 would lie about you to your detriment?

14 A. 'Cause I'm wrapped up in it.

15 Q. And how are you wrapped up in it? What

16 do you mean by that?

17 A. I was in the wrong place at the wrong

18 time.

19 Q. Did you have a Facebook account under

20 Mark Morales -- Mike Morales?

21 A. Mark --

22 MR. PARK: Objection.

23 BY MR. COOK:

24 Q. Sorry. Mark Morales?

25 A. Yes.



1 MR. PARK: Under Mark Morales?

2 MR. COOK: Sorry.

3 THE WITNESS: Well, Mark Robbins.

4 MR. PARK: Yeah.

5 MR. COOK: Strike.

6 MR. PARK: Start over.

7 BY MR. COOK:

8 Q. Did you have a Facebook account under

9 Mark Robbins?

10 A. Yes, sir.

11 Q. Did you close that Facebook account down?

12 A. Absolutely.

13 Q. Why?

14 A. 'Cause I'm a police officer and it's

15 nothing but trouble. All the training courses we've

16 been through about Facebook and this and that, I --

17 I've taken it up, put it down a few times, and it

18 was originally supposed to be for family but it's

19 gone.

20 Q. So what do you mean by you're a police

21 officer and it's nothing but trouble?

22 A. Well, it's a -- I'm a responsible police

23 officer. Number one, if I put my business out of

24 there, I arrest somebody, they found out who I am,

25 they got my Facebook. They see my kids. They see



1 all my friends. They could take a guess where I

2 live. They see all my activities, and I'm a cop.

3 So all that kind of stuff as far as

4 homesteading houses and everything and keeping

5 everything very private, yeah, after the training

6 course I took, which was Facebook, a year and a half

7 ago, played around with it and I shut it down.

8 Q. So and then you currently don't have a

9 Facebook account?

10 A. Nope.

11 Q. I'm sorry?

12 A. No, sir.

13 Q. Okay.

14 A. As of January, February. I put it back

15 up for about a month and I took it back down again.

16 MR. COOK: Can I get this marked next.


18 identification.)

19 MR. PARK: You're going to have yours if

20 you want to look at it.

21 BY MR. COOK:

22 Q. So that Exhibit 2 isn't your current

23 Facebook account with your name written backwards

24 that I printed off of yesterday?

25 A. It's closed. How did you get in my



1 Facebook account?

2 Q. I thought you didn't have one.

3 A. I don't. I don't have a Facebook.

4 Q. So that's not a picture of you?

5 A. As of curr- -- you printed this out when?

6 Q. Yesterday.

7 A. Bring it up on a laptop. I don't have a

8 Facebook today.

9 Q. Is that you?

10 A. Yes, but I don't have a Facebook. I

11 haven't had one for the last two months.

12 Q. I thought you just said you took it down

13 in January.

14 A. My memory is bad, short-term memory.

15 Haven't had some for some months.

16 Q. And --

17 A. Doesn't it show on Facebook when you

18 deleted it?

19 Q. Is this you?

20 A. Yes, sir, it is.

21 Q. Do you see that picture where it says --

22 oh, by the way, this is you, but you spelled your

23 name backwards; correct?

24 A. Yeah, for fun.

25 MR. PARK: Are you saying this is -- is



1 this picture him or is this his Facebook account?

2 MR. COOK: Both.

3 A. "Do you" want to "know Kram?"

4 This is not up right now. If you pulled

5 it up on that computer, my Facebook wouldn't come up

6 unless there's something I'm completely unaware of.

7 BY MR. COOK:

8 Q. Sir, can you answer the question I asked

9 you.

10 A. Yeah, but you said it was up right now.

11 It's not up.

12 Yes, that is my Facebook account. That's

13 me. That's my motorcycle.

14 Q. Okay. And do you see where it says that

15 you changed your cover photo on May 5th?

16 MR. PARK: Right there.

17 A. Okay, yes.

18 BY MR. COOK:

19 Q. All right. So at least as of May 5th, it

20 was up; right?

21 A. Yeah.

22 Q. All right. And --

23 A. You know why I took it up?

24 Q. Please tell me.

25 A. Okay.



1 Oh, you want to know?

2 Q. Sure.

3 A. I'm sorry.

4 I took it up because I was getting

5 harassed because of this.

6 Q. You took it up. What do you mean you

7 took it --

8 A. I took it down. I'm sorry.

9 I don't believe this is from yesterday.

10 I'm sorry.

11 Q. Do you see where it says, "Studies at

12 Hilbert College"?

13 A. Yes.

14 Q. You don't currently study at Hilbert

15 College, though; correct?

16 A. Correct.

17 Q. That picture that you changed to on May

18 5th, does that indicate you were riding on May 5th?

19 A. January, February, March, April, May.

20 January, February, March, April, May. What was May

21 5th? Can I consult my calendar? I don't think so,

22 but can I look?

23 Q. Yeah, take a look.

24 A. Great. Where's my phone?

25 Sunday, nothing in my calendar. This



1 page isn't up. May 5th, I don't know. I don't

2 recall. May, June, July, August. I don't recall.

3 I'm sorry. I don't recall. It's not in

4 my calendar. I put all my rides in my calendar.

5 THE VIDEOGRAPHER: Pardon me, Counsel.

6 Can we change tape?

7 MR. COOK: Yes. Sorry. I forgot about

8 the note.

9 THE VIDEOGRAPHER: The time is 10:44 a.m.

10 This concludes digital tape number one, and we're

11 off the record.

12 (Recess taken.)


14 identification.)


16 record at 10:51 a.m., and this begins digital tape

17 number two.

18 BY MR. COOK:

19 Q. Sir, it's your testimony that that

20 Facebook, I couldn't have possibly gotten that

21 picture today. Is that what you said?

22 A. No.

23 Q. No, that's not what you said?

24 A. I said no, there's no way you could have

25 gotten this Facebook today.



1 Q. Well, other than fat thumbs and typing in

2 two I's, I'm going to do a search right now while

3 you're with me.

4 A. Please do.

5 MR. COOK: And in fact, if I can get a

6 shot of my phone.

7 THE VIDEOGRAPHER: One moment.

8 MR. COOK: Is that better?

9 THE VIDEOGRAPHER: Yes. Okay, got it.

10 BY MR. COOK:

11 Q. Is that your Facebook page right there?

12 THE WITNESS: Oh, I definitely need to

13 talk to you about this one. I didn't reactivate it,

14 but I have a feeling who did it.

15 BY MR. COOK:

16 Q. In the meantime, can I get my phone back?

17 MR. PARK: Give his phone back.

18 A. I wasn't going to keep it.

19 I don't have a Facebook page. I haven't

20 looked at -- h'm.

21 BY MR. COOK:

22 Q. That's your Facebook page; right?

23 A. Yes, it is.

24 MR. COOK: Okay. Can we get the next one

25 handed to him, please.



1 MR. PARK: Did you finish your answer?

2 Do you want to --

3 BY MR. COOK:

4 Q. Did you talk --

5 MR. PARK: You can tell him.

6 BY MR. COOK:

7 Q. Did you talk about something outside you

8 want to tell me?

9 THE WITNESS: You want me to spit it

10 out --

11 MR. PARK: Yeah, you can tell him what

12 you think.

13 THE WITNESS: -- you know, what I was

14 saying?

15 Okay. If this is reopen, I've got to

16 talk to my wife. I didn't reopen this. My Facebook

17 pages, all Facebook pages are misconstrued and get

18 cops into trouble. The smartest thing to do as a

19 police officer is get rid of your Facebook.

20 If this is open, I would like to know

21 what date it was opened. I didn't open it.

22 BY MR. COOK:

23 Q. All right. And you know Facebook pages

24 get cops in trouble based on the seminar you had a

25 year and a half ago; right?



1 A. Yeah.

2 Q. Okay. But on May of this year you had a

3 Facebook page and changed your picture, so you were

4 at least on it in May of this year; correct?

5 A. January, February, March, April, May. I

6 wasn't on Facebook. I --

7 Q. You weren't -- you weren't on Facebook --

8 A. January, February, March, April, May.

9 Q. -- in May 2013?

10 MR. COOK: This is the next one.

11 A. The only thing that would make sense --

12 January, February, March, April, May. I didn't

13 react- -- this isn't even right.

14 BY MR. COOK:

15 Q. Is it your test- --

16 A. I'm sorry, sir. I wasn't on Facebook

17 since me and my wife split. The only time I was on

18 Facebook was to take her name off my Facebook 'cause

19 we split and I wasn't sure we were going to get back

20 together again, was a total of ten seconds, and I

21 shut it back down.

22 Q. When did you and --

23 A. If this came back up --

24 Q. -- your wife split?

25 A. When did we split up?



1 Q. Yeah. You said "when me and my wife

2 split." I'm trying to find out when that was.

3 A. January, end of January.

4 Q. All right. Do you see this picture of

5 you? It looks like it's --

6 A. It's absolutely me.

7 Q. All right. And it looks like it's one of

8 those pictures where you stand with your arms in

9 front of your face and you click a photo; right?

10 A. Negative. There was someone else taking

11 that picture. We were on a beach in California.

12 Q. Okay. And on May 1st, according to

13 this --

14 A. That wasn't May 1st. That beach in

15 California was two years ago. I liked the picture.

16 I put it up a long time ago.

17 Q. You got to let me finish the question.

18 A. Okay.

19 Q. On May 1st this says you changed your

20 profile picture to this picture of your face;

21 correct?

22 A. I didn't change anything, but the fact

23 that I was single or I was complicated or not

24 married anymore, that's the only thing I took off.

25 Everything that had to do with my ex-wife at the



1 time, I tried to clean out my whole Facebook page,

2 and then I ditched it.

3 Now, my --

4 Q. Why'd you -- why'd you clean it up before

5 you ditched it?

6 MR. PARK: No, let him -- let him finish.

7 Finish your answer.

8 A. I thought we weren't interrupting. I'm

9 trying my best to explain this before I lose my

10 train of thought.

11 If my wife gets ahold of my Facebook,

12 which my passwords are pretty common, it doesn't

13 take a rocket scientist to figure it out, I wasn't

14 on this May 1st, and if I was on it May 1st, it was

15 to change my marital status and it was to get rid of

16 and drop and delete my Facebook, and that was that.

17 BY MR. COOK:

18 Q. If you were going to delete your

19 Facebook, why would you change your marital status

20 before you deleted your Facebook?

21 A. 'Cause if I ever brought it back up

22 again.

23 Q. Well, couldn't you change it --

24 A. After the smoke settled and cleared and

25 everything was back to normal and I can get back



1 into just me, my kids, my family and not all the

2 stuff with relationships and stuff, if I ever

3 decided to open it back up again, why not?

4 Q. Why couldn't you just change it when you

5 open it back up? If you're --

6 A. Because I --

7 Q. -- going to close it down, you close it

8 down, and then when you open it back up, you can

9 change whatever you want. Isn't -- isn't that a

10 possibility as well?

11 A. Sure.

12 Q. Why didn't you do that?

13 A. Because I didn't want to.

14 Q. All right. And --

15 A. I just did it as I did it. I was sick.

16 I was laying in bed, and I started changing things

17 because I had nothing else to do.

18 Q. You were sick and laying in bed in May of

19 2013; is that correct?

20 A. Yeah.

21 Q. Okay. So you weren't working until the

22 last day of school in 2013?

23 A. If you looked at my medical records for

24 my job, see how many days I was absent before I

25 actually called, throwed in the towel and said, "I



1 can't work anymore. I'm a hazard," I called in so

2 many times I depleted my vacation, my sick, and then

3 I finally did FMLA.

4 Q. Why didn't you change your password so

5 nobody can get into it?

6 A. 'Cause I wanted to.

7 Q. All right.

8 MR. COOK: Can you hand the witness

9 Exhibit 3, please.

10 (Exhibit 3 was handed to the

11 witness.)

12 BY MR. COOK:

13 Q. Is that you?

14 A. That would be my wedding day. Yes.

15 Q. And who's that you're with?

16 A. Anthony Gamboa.

17 Q. Why is he flipping off the camera?

18 MR. PARK: Objection, foundation,

19 speculation.

20 BY MR. COOK:

21 Q. If you know.

22 THE WITNESS: Should I answer that?

23 MR. PARK: I mean, if you know.

24 A. That's the way he rolls. I mean, he just

25 does that. He's a goofball.

mcook

Highlight



1 BY MR. COOK:

2 Q. Isn't this Anthony Gamboa that got a DUI

3 not too long ago?

4 A. I'm not going to comment on that.

5 MR. PARK: Objection, foundation.

6 A. That's his life. I don't know.

7 BY MR. COOK:

8 Q. You don't know?

9 A. I don't know what his business is.

10 Q. Okay. I believe you identified him as

11 one of your closest personal friends, but you don't

12 know if he got a DUI. Is that your testimony today?

13 A. If I got --

14 MR. PARK: He just answered that.

15 Objection.

16 A. If I got a DUI, I wouldn't tell anybody

17 besides my department.

18 BY MR. COOK:

19 Q. That wasn't the question I asked.

20 Is it your testimony as you sit here

21 today you don't know whether or not Anthony Gamboa

22 got a DUI this past year?

23 A. No.

24 MR. PARK: Objection, asked and answered.

25 Go ahead.



1 THE WITNESS: You want me to answer?

2 MR. PARK: You -- you can answer. You

3 can answer.

4 THE WITNESS: No.

5 BY MR. COOK:

6 Q. No, he didn't; or no, you don't know?

7 A. No, he did not disclose that with me due

8 to the embarrassment. I didn't find out till down

9 the road through another member in my club.

10 Q. Well, I found out in the newspaper the

11 next day. You didn't find out in the newspaper the

12 next day?

13 A. I don't read the news.

14 Q. Okay.

15 A. They're depressing matters. I got enough

16 news in my life.


18 identification.)

19 THE WITNESS: Oh, get --

20 BY MR. COOK:

21 Q. Is that you?

22 A. Yes, sir.

23 Q. With the pink wig?

24 A. Yes, sir.

25 Q. Is that Gamboa flipping off the camera



1 with both hands this time?

2 A. Yes, sir.

3 Q. Just how he rolls?

4 A. That's how he is. Can't speak for him.

5 Q. When was this picture taken?

6 A. I'll be honest. Is there a date on it?

7 I don't want to guess.

8 Q. Who's this group of people?

9 A. This is my motorcycle club, law

10 enforcement motorcycle club -- correction -- and

11 military.

12 Q. What are they called?

13 A. Iron Nomads Law Enforcement Club.

14 Q. And who's that to your right?

15 A. That's my wife.

16 MR. PARK: Right here.

17 BY MR. COOK:

18 Q. And do you recall approximately when this

19 was taken?

20 A. I think you just asked me that and I

21 think I don't recall. I'm guessing -- am I allowed

22 to guess? A rough estimate --

23 MR. PARK: I --

24 A. -- best of my knowledge, three years ago.

25 That was in open.



1 BY MR. COOK:

2 Q. That was what?

3 A. In open.

4 Q. What does that mean?

5 A. Just on a motorcycle ride. We like to do

6 charity events and stuff. We drive everywhere and

7 do things for kids and this and that, so --


9 identification.)

10 THE WITNESS: That's me.

11 BY MR. COOK:

12 Q. And is that your nametag on your left

13 shoulder?

14 A. Sure is. That's my nickname.

15 Q. Your nickname is Stuuupid?

16 A. Yep.

17 Q. What's a sergeant at arms?

18 A. I'm -- I'm in charge of security for the

19 group. In case bad people start, you know, trying

20 to cause trouble, I try to cool it down and if it

21 gets nasty call the police and leave.

22 Q. And how'd you get your nickname?

23 A. Stuuupid?

24 THE WITNESS: Do I have to answer that?

25 MR. PARK: I don't know how you got it.



1 THE WITNESS: The truth is it was my

2 initiation into the law enforcement club and on my

3 birthday -- or no, wait. It wasn't my birthday. It

4 was my initiation date. They made me wear a pink

5 wig and a few other things just to embarrass me so I

6 could get into the motorcycle club 'cause I enjoy

7 riding bikes.

8 BY MR. COOK:

9 Q. As sergeant at arms for this club, have

10 you ever had to address potential problems?

11 A. Yes, sir.

12 Q. What kind of problems happen?

13 A. Vagos and Hells Angels don't like law

14 enforcement, so when they see us out there wearing

15 our patches, they make a point of it to, if they got

16 spare time, try to harass us, stuff like that. I

17 tell them, "We're a law enforcement club." Usually

18 after that they walk away and nobody has any

19 problems.

20 But I'm the person who is in charge of

21 diffusing situations so nobody gets hurt and doesn't

22 turn into a stupid ballroom -- barroom fight, and

23 then we leave. We don't want trouble. We leave

24 trouble. We're cops and firemen and military.

25 Q. Did you ever have to stop and hold



1 anybody and wait for the police when any trouble

2 arose?

3 A. No, sir.

4 Q. You just leave?

5 A. Yep. That's the best thing to do. I

6 don't want to fight. I'm a police officer. I'll

7 end up in jail and I'll lose my pension and job.

8 Q. What is your responsibility when you're

9 off duty, whether you're at something like this or

10 anything else, if you see a crime happening in front

11 of you as a Clark County School District Police

12 Department officer?

13 MR. PARK: Objection, foundation.

14 THE WITNESS: Can I answer?

15 MR. PARK: You can.

16 THE WITNESS: As a professional, if I'm

17 off duty, it depends if the situation's happening

18 directly in front of me, not enough time to handle

19 the situation and I know I'm the only one there.

20 Example, a long time ago I was walking in a

21 convenience store. I was off duty. There was a

22 beer run. I grabbed both kids as they were running

23 out the door by the collar, put them on the floor,

24 got the beer back, held them there till the manager

25 got there. The cops came, arrested them, took them



1 away.

2 So when I'm off duty, I do take action.

3 It is what it is. It's either in your blood or it's

4 not. It's either you don't care and you just want

5 it for the pension or you do it for 'cause you like

6 the job. That's it.

7 I see four -- or I see kids running out

8 with four bottles, liquor bottles, whatever, I do

9 what I can.

10 So crimes being committed in front of me,

11 I've done it numerous times. I've stopped things.

12 I've stopped shoplifters, I mean, things that I just

13 run into.

14 BY MR. COOK:

15 Q. When you say you stopped a beer run,

16 what's a beer run?

17 A. Usually that's when teenagers run into a

18 convenience store or a grocery store. I was going

19 into Smith's, walking into the grocery store. They

20 had a cart and had some booze in it. I knew what

21 they were doing. My intuition told me. Just they

22 looked too excited and high tense, and they just --

23 they pushed the cart halfway out the door, grabbed

24 the booze and ran, I mean, you know, and I did what

25 I had to do. I grabbed them both by the shirt



1 collar, put them on the ground, and the manager

2 came.

3 Q. How'd you know they were teenagers?

4 A. 'Cause they were really young. They --

5 we're talking like 13, 14, like middle school or

6 something. They -- they looked like little kids. I

7 mean, very obvious that they were kids.

8 Q. Now, you said it's either in your blood

9 or it's not. Are you aware of whether there's any

10 off-duty responsibilities you have as a police

11 officer for the School District?

12 A. Yeah. Once you're a cop, you're always a

13 cop 24/7.

14 Q. If a police officer off duty witnesses a

15 crime and he can stop it without putting himself or

16 others in jeopardy --

17 A. Uh-huh.

18 Q. -- is it your understanding you're

19 supposed to do that?

20 A. Depends what the crime is. If I choose

21 not to carry my off-duty weapon and it's a crime and

22 I have my family with me and I have no way of

23 stopping the crime from happening, especially if

24 it's a violent crime, 7-Up -- 7-Eleven being held up

25 and stuff like that, I use this and I call for



1 police.

2 Now, if I have to, I'll get all the

3 de- -- I mean, I get all the details, call the

4 police. If I have to and I have my weapon on me, I

5 will stop a robbery. I got no qualms with that.

6 It's my job.

7 Q. And obviously it's fair to say a police

8 officer shouldn't participate in a crime; correct?

9 A. Absolutely. We're held at a higher

10 standard.

11 Q. You all right?

12 MR. PARK: Let's --

13 THE WITNESS: No, just hang on.

14 MR. PARK: Take a quick --

15 THE WITNESS: Just hang on.

16 All right. Go ahead.

17 MR. PARK: Are you all right?

18 THE WITNESS: Yeah, I'm fine. Let's go.

19 Let's just go.

20 BY MR. COOK:

21 Q. How'd you first hear about the Wamsley

22 party?

23 A. My wife or girlfriend at the time.

24 Q. Her girlfriend at the time was Wamsley?

25 MR. PARK: Your girlfriend at the time.



1 MR. COOK: Oh.

2 A. My girl- -- my current wife was my

3 girlfriend at the time.

4 BY MR. COOK:

5 Q. All right. So she told you about the

6 party?

7 A. Yeah. "Hey, I'm going to a dispatcher

8 holiday party. Would you like to join me?"

9 I'm her date. "Sure."

10 Q. How long before the party did you hear

11 about the party?


13 Q. Did you ever see a flier?

14 A. No, not until after the fact with all

15 this.

16 Q. You never saw a flier until after the

17 litigation was filed; is that correct?

18 A. Yes, sir.

19 Q. When the news story broke out and they

20 showed the flier on the news, did you see it then?

21 A. Oh, I think I saw it -- I think I saw it

22 with him.

23 THE WITNESS: Didn't I see it with you?

24 The first time I saw it, I think it was

25 with him in a -- in a -- something.



1 BY MR. COOK:

2 Q. All right. So you do not recall seeing

3 the flier on the news; is that correct?

4 A. No. I don't watch the news unless

5 something I know is very important and I need to

6 watch it.

7 Q. We'll get to that.

8 Okay. So you hear about the party. Do

9 you recall when you went to the party who you drove

10 with, how you got there?

11 A. No, sir. I know my wife was with me and

12 it was -- I know it was wife -- my wife was with me

13 and I didn't feel like driving. I think it was her.

14 MR. PARK: You may want to give the color

15 copies back to the court reporter just so you know.

16 THE WITNESS: Oh, I mean, you can keep

17 them forever. I already know what they look like,

18 so here you go.

19 MR. PARK: There you go.

20 THE WITNESS: Sorry. Can I keep this or

21 no?

22 MR. PARK: That's his copy. I've got a

23 copy if you want to look at it.

24 THE WITNESS: I just think that's

25 interesting. I'm going to have to ask --



1 MR. PARK: Go ahead, answer his question.

2 BY MR. COOK:

3 Q. Who are you going to have to ask about

4 that?

5 A. My wife.

6 Q. Are you living with your wife now?

7 A. Yes. We've been going through marital

8 problems.

9 Q. You mentioned having separated in

10 January.

11 A. Yes.

12 Q. When -- when did you get back together?

13 And if this is multiple back-and-forths, let me know

14 that too.

15 A. Why? Multiple back-and-forths why?

16 Q. Getting back together, splitting up,

17 getting back together.

18 A. During the course of how many years, just

19 one month or --

20 Q. Starting in January when you said you had

21 marital problems that led you to delete your

22 Facebook.

23 A. I got rid of everything.

24 Q. I'm sorry?

25 A. I got rid of everything, you know, the



1 Facebook stuff and all that. It was the end of

2 January, the middle, end of January and then

3 February. She didn't come back till -- what are we

4 in? We're in August.

5 Q. Well, we're September, early September.

6 A. We're in September? Okay. January,

7 February, March, April, May, June, July, August,

8 September. She's been back for three months.

9 Q. All right.

10 MR. PARK: Are you okay?


12 BY MR. COOK:

13 Q. Getting back to the party, what do you

14 remember about the party from the time you got

15 there? Let's start there.

16 A. Drove to the party, walked up to the

17 door. There wasn't that many people there. Yeah,

18 we walked in through the garage, I think. I don't

19 know. Wherever the people were, the adults were.

20 We hung out there for a few minutes.

21 There was people playing beer pongs over the age of

22 21.

23 Q. Did you ask them their age?

24 A. And there was water in their -- I don't

25 have to. I work with these people.



1 Q. So there were employees of the School

2 District playing beer pong when you got there?

3 A. I don't know exactly when I got there. I

4 mean, I don't know if they were playing exactly when

5 we got there. We spent a little bit in the garage

6 and people were playing beer pong. They were all

7 adults 'cause I work with them. But there was water

8 in the glass anyhow, so it didn't even matter.

9 I remember socializing for a little bit.

10 This is really hard for me to remember, and this

11 is -- I'm not doing this to be a pain, but on -- on

12 short-term memory and all this stuff that's going

13 on, I'm trying to remember the facts.

14 We hung out at the garage a little while,

15 for a little while, all adults. It was dinnertime.

16 I remember sitting at the dining room table. Then

17 we went to the living room.

18 And I think -- we left early. I think we

19 were one of the first persons to leave or we were

20 starting the leave flow. A couple -- a couple other

21 might have left before us, and then we -- we left,

22 so -- and how much more do you want to know? Just

23 keep going from there?

24 Q. What I'd like you to do is tell me -- you

25 arrive at the party. Do you remember who was there



1 at the party when you got there?

2 A. Wamsley, Ma- -- her daughter.

3 Q. Wamsley's daughter?

4 A. Yes, sir.

5 I think Morales showed up a little bit

6 afterwards. I forget my time line. I think -- I

7 mean, I think he was pretty close to us.

8 He -- we were the only two cops in the

9 room, so we spent most of the time with each other,

10 and me and my wife spent most of the time with each

11 other because I like Morales.

12 Anyhow, I wasn't in the garage very long,

13 and then it was dinnertime. I remember Rebecca

14 saying, "Everybody get in here. It's dinnertime."

15 Had dinner, sat at the table.

16 Q. Sat at the table inside or outside?

17 A. Inside.

18 Q. All right.

19 A. Probably we were there for a while, as

20 best as I can remember, 'cause I remember the

21 conversations floating around and stuff. Then we

22 moved in the living room, which was right behind the

23 kitchen, well, kitty-corner to the kitchen. We sat

24 there for a while.

25 And then -- and then I just wanted to go,



1 so that was it. We were on a date. I didn't want

2 to spend all night there, so we left.

3 Q. Where'd you go from there?

4 A. Straight home, Cynthia's house.

5 Q. Did you --

6 A. We weren't married at the time. We were

7 dating, so the night was still young a little bit,

8 and that was it.

9 Q. Did you have anything to drink at the

10 party?

11 A. I don't recall. I'm sure I had a few

12 adult beverages, maybe a beer or two. I'm not a

13 heavy drinker at all.

14 Q. Did you bring any alcohol to the party?

15 A. I don't recall 'cause she said it was

16 provided or something.

17 No, because I don't buy cases of beer.

18 No, we didn't bring anything to the party 'cause it

19 was provided. It was her -- yeah, it was provided.

20 Q. Did you play beer pong at the party?

21 A. Yeah. I think I played one round. It

22 was Cynthia and Tina and Johnny Boy. Then I got

23 bored and I left.

24 Q. Who's Johnny Boy?

25 A. A friend of mine or a friend.



1 Q. Johnny Boy have a real last name?

2 A. I don't know it. He's a musician,

3 performer. We all know him just by Johnny Boy.

4 Q. And you don't recall Miranda sitting at

5 the table with you?

6 A. No.

7 Q. You've been a police officer long enough

8 that do you believe if you had a drunk teenager

9 sitting across from you you'd be able to tell he was

10 a drunk teenager?

11 A. Two --

12 MR. PARK: Objection, foundation, calls

13 for speculation. Go ahead.

14 A. Two seconds. Fourteen years of doing

15 this, it's about two seconds.

16 BY MR. COOK:

17 Q. As -- as a cop for 14 years, I guess a

18 little less at the time of the party, how long did

19 it take for you to be able to put together that the

20 Miranda that was in the DUI accident got the alcohol

21 at the Wamsley party?

22 A. That's a good question.

23 MR. PARK: Are you talking after the

24 party?

25 MR. COOK: It couldn't have been before



1 the party. The accident didn't happen yet.

2 MR. PARK: That's right. That's why I

3 was -- sorry, your question was -- go ahead.

4 A. When did I first hear about it?

5 BY MR. COOK:

6 Q. I'm trying to figure out when did you

7 first put it together that Miranda, his accident

8 where he killed Angela with the DUI, that he got

9 that alcohol at the Wamsley party, if you ever

10 figured that out.

11 A. I didn't figure it out until -- until

12 everything started coming out. I mean, I don't know

13 how I'm supposed to answer this.

14 A week before I found out that alcohol

15 was involved just by chitter-chatter throughout

16 friends of Cynthia's and stuff like that, like, "Oh,

17 my gosh."

18 Q. What kind of chitter-chatter and where

19 are you talking about?

20 A. I don't recall exact. I'm not going to

21 repeat something that I can't exactly.

22 Q. I didn't ask you to do that. You said,

23 "I heard about it in chitter-chatter from Cynthia's

24 friends." I want to know, my question is: Where

25 was this chitter-chatter happening at? Where'd you



1 overhear it? Who was saying it?

2 A. I don't remember. This was four years

3 ago. I don't remember. I remember that my

4 colleagues telling me and I remember rumors floating

5 through the department about shit. Then I started

6 to investigate and see what was going on. I knew it

7 happened.

8 Q. Okay. Let's get back to my original

9 question then. When did you first put together that

10 Miranda got alcohol at the party before he left and

11 got into that DUI accident?

12 A. I just answered that, I think.

13 Q. It --

14 A. I don't remember. I --

15 MR. PARK: Okay.

16 BY MR. COOK:

17 Q. You don't remember ever putting that

18 together?

19 A. No, I -- I don't remember the exact date

20 I found out Miranda did whatever. I found out that

21 night there was a car accident. The details? I

22 don't know. A week, speculation, guess.

23 Q. Okay. So about a week -- in a broad

24 range, about a week after the party you put together

25 that Miranda probably got the alcohol at Wamsley's



1 house before he got into the DUI accident; is that

2 true?

3 A. I would say probably, yes, because people

4 tend to lie and exaggerate stories, so I didn't know

5 what to believe. I wasn't there when he was doing

6 whatever he was doing. This accident happened late

7 at night. We left early. We got a phone call that

8 woke us up at like midnight or something. She left.

9 I didn't. I didn't know what was going on.

10 I was just finally starting to date her.

11 We were a little bit into our relationship. I don't

12 really know her friends that much, so I don't pry

13 when I'm first dating somebody, but it was a tragedy

14 and I felt bad, but she asked me to stay home and

15 she would go to the hospital because I didn't know

16 these people all that much.

17 Q. What information at whatever point,

18 whether it was one week, two weeks or a month, at

19 the point in time that you figured out that you were

20 comfortable that Miranda got the alcohol at the

21 Wamsley party before he got into the DUI accident,

22 what information did you learn that led you to that

23 conclusion or belief?


25 A. I guess I could say chatter, but then I



1 would have to name off everybody in our police

2 department 'cause that was a big thing going around

3 at the time.

4 BY MR. COOK:

5 Q. Okay. What was the chatter?

6 A. "Hey, did you hear about the accident at

7 the party the other night? Hey, did you hear what

8 happened?" Normal office stuff.

9 Q. And was it stuff you heard in dispatch?

10 A. No.

11 Q. Was it stuff you heard --

12 A. All of the cops. Ask anybody about this.

13 Everybody knows it in our department. It spread

14 like wildfire. It was hard to hear it from anybody

15 walking down the main hallway, just case, case,

16 case, case.

17 Q. Okay. But you originally said that you

18 heard the chatter from Cynthia's friends, so with

19 regard to at least that aspect, I understand that's

20 not the only place you heard it, but at least with

21 regard to that aspect, did you hear the chatter from

22 Cynthia's friends -- does that mean you heard it in

23 dispatch amongst her friends --

24 A. Uh-uh.

25 Q. -- or outside socially amongst her



1 friends?

2 A. We were dating. I saw her every night.

3 We work together. We talk. You know,

4 husband-and-wife, girlfriend-and-boyfriend thing,

5 you know, we talk at the end of the night. She was

6 a dispatcher. I was a cop.

7 Q. So when you say "chatter among Cynthia's

8 friends," you don't mean you heard the friends

9 themselves. Cynthia would tell you what she heard;

10 is that correct?

11 A. No, I heard a couple out of her friends,

12 like, "I can't believe this is happening. We had

13 nothing to do with it. I can't believe this is

14 happening. Why is this going on right now? This is

15 horrible." That's the type of chatter I would hear

16 from her friends.

17 Me, I didn't know I had anything to do

18 with it because I left the party. I didn't see any

19 kids drinking. I left the party. I went back to

20 her place to continue my date, and we went to sleep

21 and then she got a phone call. It was as simple as

22 that. I --

23 Q. You said you were just starting to date

24 Cynthia at this point?

25 A. We were on and off for a little bit --



1 Q. She said --

2 A. -- testing the waters.

3 Q. -- you started to date in 2006. That's

4 three years.

5 A. Testing -- testing the waters. I call it

6 dating. We were this. We were that. It's 2013.

7 People date in different ways. We were getting to

8 know each other, hanging out, dating. I took her to

9 dinner once, so I call it a date.

10 Q. On page 20 of Cynthia Robbins'

11 deposition, I said, "How long were you dating before

12 you were married?" She said, "I don't remember how

13 long it was. Like, we didn't meet and started

14 dating. We didn't start dating until like well into

15 the year of 2006."

16 Does that sound about right?

17 A. Sounds about right, approximately, yeah.

18 Q. I mean, you couldn't have just started

19 dating in November 2009 because December 2009 you

20 were engaged; right?

21 A. I don't remember how long we were engaged

22 for. It wasn't long. We got engaged at a Christmas

23 party.

24 Q. Well, if you got engaged at a Christmas

25 party --



1 A. Yeah.

2 Q. -- and you got married in July 2010 --

3 A. I guess it wasn't that long then, was it?

4 I mean, I guess it was a quick wedding.

5 Q. So --

6 A. 'Cause we got married July --

7 MR. PARK: I -- I --

8 A. -- 3rd, 2010.

9 MR. PARK: I think what he wants to know

10 is he wants to know how long were you dating prior

11 to the Wamsley party.

12 THE WITNESS: On and off. I started in

13 '0 -- '05 or whatever on and off, on and off, on and

14 off until we got married.

15 BY MR. COOK:

16 Q. You got engaged within a month after

17 Angela's death; right?

18 A. Wow, if you put it like that, I don't --

19 I'm trying to think.

20 I can't answer that question. I don't

21 remember. I don't remember the exact date of the

22 tragedy off the top of my head. I'm sorry.

23 Q. November 29th, November -- was the party.

24 The death was after midnight, so November 30th,

25 2009. You got engaged at a Christmas party. The



1 Christmas party obviously would have occurred before

2 Christmas, and you were married July 2010, so you

3 said it was a short engagement, so I'm assuming you

4 weren't engaged a year and a half. It was --

5 A. No, no.

6 Q. -- closer to a half a year; correct?

7 A. Yeah. It was a short engagement.

8 Q. So then it was the Christmas party in

9 2009 that you got engaged; correct?

10 A. Yes.

11 Q. Okay. So then you were not newly going

12 out November 29th, 2009; correct?


14 A. We got engaged at the Christmas party.

15 Boy, this is embarrassing, but I guess I'll put it

16 all out there. We got engaged at our company

17 Christmas party. About a month later we -- we took

18 a break for about a month. I'm trying to think.

19 We've had a very rocky relationship.

20 Man, I don't know. I can't answer that question.

21 I -- I don't --

22 BY MR. COOK:

23 Q. Do you remember what the question I asked

24 you was?

25 A. No.



1 Q. All right.

2 A. Short-term memory. I'm sorry. Say it

3 again.

4 Q. If you got engaged mid-December 2009, you

5 were not newly going out November 29th, 2009;

6 correct?

7 A. Oh, we were dating, dating, dating. We

8 broke up. Then the Christmas party was a couple

9 months later. We were talking in between. Then I

10 came up with a surprise to get engaged during our

11 Christmas party, so I suppose you're right. The

12 best I can put it together, now that makes sense.

13 Q. Do you remember seeing any teenagers at

14 this party at the Wamsleys' house November 29th,

15 2009?

16 A. Rebecca Wamsley's daughter I -- I could

17 tell was a teenager because I knew it because of

18 Rebecca and Cynthia and the daughters' ages.

19 Q. Anyone else?

20 A. Say that again.

21 Q. Any other minors at the party that you

22 saw?

23 A. Not that I can identify as minors. They

24 were, you know, big people.

25 Q. Marisa Zuniga was at the party. Did you



1 see her?

2 A. Oh, yeah. Yeah, I saw Marisa.

3 Q. She's not a big people; right? She's a

4 minor. You knew she was underage; right?

5 A. Absolutely.

6 Q. All right. She was dating Kevin Miranda;

7 right?

8 A. Sure.

9 Q. You knew he was underage; right?


11 A. I did not.

12 BY MR. COOK:

13 Q. All right.

14 A. I thought I said that.

15 Q. Did you see him at the party?

16 A. Yes.

17 Q. Any other minors you saw at the party?

18 MR. PARK: Objection, form, but go ahead.

19 A. The only one I can remember off the top

20 of my head was -- because I knew her was Marisa. I

21 don't want to lie, so I got to say I don't remember

22 any other teenagers that were at the party --

23 BY MR. COOK:

24 Q. Okay.

25 A. -- off the top -- no.



1 Q. You said you ate dinner inside the house;

2 correct?

3 A. Yes.

4 Q. Okay. Rebecca Wamsley said at the

5 beginning of the party there was six teenagers in

6 the living room area inside the house. Do you

7 remember seeing any of them?

8 A. That's kind of a tricky question. When

9 were they inside the house, 'cause we left at like

10 early?

11 Q. That's why I said "at the beginning of

12 the party," before dinner.

13 A. I wish somebody would have told me to pay

14 attention to that whole party from top to bottom so

15 I could remember everything.

16 I don't know. I don't know. I remember

17 seeing Rebecca Wamsley's daughter. I wasn't paying

18 attention to much because it was her party, her

19 house, her deal. I remember hanging out with the

20 adults, the big people, because I don't want to hang

21 out with kids 'cause I see them enough during the

22 week. I work with them. I'm not hanging out with

23 anybody that I don't know and especially kids.

24 The adults were inside. I -- I don't

25 remember seeing these -- I'm sorry.



1 Q. When you --

2 A. Unless I mistake them, if they were like

3 18, 19 and they looked like they were 21 and I'm

4 just sitting there and they're sitting on the couch,

5 I don't know.

6 Q. When you say "inside," do you consider

7 the garage area with the tables set up as inside or

8 is --

9 A. No.

10 Q. -- that outside?

11 A. I consider that outside.

12 MR. PARK: How you doing? Do you need a

13 break or are you all right?

14 THE WITNESS: No, I just got a headache.

15 It's okay. Let's keep going.

16 MR. PARK: Go. Let me know.

17 THE WITNESS: Okay.

18 BY MR. COOK:

19 Q. Rebecca Wamsley also said 20 to 25

20 additional teenagers showed up through the night.

21 You don't remember seeing any of them?

22 MR. KELLER: Object to form.

23 MR. PARK: Join.

24 A. I'm not going to answer that. I don't

25 know the answer to that. I -- we left. Whether she



1 had a party afterwards or while we were there, I

2 don't -- I don't know what she did afterwards, after

3 I left. I have no idea.

4 I -- I'm the kind of guy who keeps to

5 himself and just keeps his mouth shut, especially

6 uncomfortable situations where I don't really know

7 personally a lot of people in front of me or around

8 me. It takes me a little bit just to get warmed up

9 so I can, you know -- I don't really fraternize with

10 a lot of dispatchers. I don't really fraternize

11 with everybody out in the street, so when I get into

12 a social situation that there's a lot of people, I

13 tend to do this and clam up.

14 BY MR. COOK:

15 Q. Do you recall whether you left before or

16 after Sergeant Morales?

17 A. Where was he?

18 I thought he left before. I thought he

19 left before us. I do know that Armando, the

20 dispatcher coordinator, was our cue to leave. We

21 kind of used him as an excuse, like, "Oh, he's

22 leaving, so, oh, let's get out of here."

23 But as far as Morales leaving, I don't

24 re- -- I think it was after us.

25 Q. You think he left after you left?



1 A. No, I mean before. I'm sorry.

2 Q. And you think you left right when

3 Quintanilla left?

4 A. Yeah.

5 Q. And how --

6 A. Actually, yeah, because I followed him

7 down the driveway. I -- him and his wife.

8 Q. You followed Quintanilla and his wife

9 down the driveway when you left the party; is that

10 correct, sir?

11 A. Okay. I can't say that for sure. It

12 was -- I -- it was either Morales or Quintanilla.

13 I -- I -- I 99 percent believe it was Quintanilla

14 that -- that left and then we took that as a cue

15 'cause we didn't want to hang out much longer. You

16 know, we'd been there for a little while and we were

17 kind of getting bored and we had other things to do,

18 so we left. We used somebody else -- the first

19 person that left really we used as an excuse to

20 leave.

21 Q. How long did you talk to Morales at the

22 party?

23 A. Oh, we had chitter-chatter for a little

24 while. I forget what it was. I think it was when

25 we first got there. We sat on a picnic bench. We



1 talked about work or something and just the usual

2 stuff. He's the one who started me when I first

3 started there and, you know, we're okay with each

4 other, and we were just talking about shoptalk and

5 work and normal conversation.

6 Q. Were you guys sitting across from each

7 other talking or standing up talking?

8 A. We were sitting on a picnic bench and --

9 Q. In the gar- --

10 A. I think. I think there was picnic

11 benches there, not chairs, and then I think we were

12 just sitting there just talking. We talked for -- I

13 know we talked for a while because other people,

14 dispatchers, were walking around, getting into our

15 business and our conversation.

16 Q. This conversation was in the garage or

17 inside the house?

18 A. Garage. Don't quote me, but I think they

19 were picnic tables that were sitting there and we

20 were sitting on them.

21 Q. Sergeant Morales, well Lieutenant now

22 Morales, testified that he was only told Armando

23 Quintanilla was there because Quintanilla was gone

24 before he arrived.

25 A. No, I saw him. I saw him. Look at the



1 other testimonies. Quintanilla was there through

2 dinner. I remember 'cause he was there through

3 dinner, because me and him, we got this thing going

4 on where -- where we toss jokes at each other and

5 make fun of each other and have fun, so we're all

6 right like that. So he was there.

7 Q. Let me try that again.

8 Morales testified that he did not get to

9 the party until after Quintanilla left, not you,

10 him. Morales doesn't get at the party till after

11 Quintanilla's gone. That's Morales's testimony.

12 A. That's not right.

13 Q. That's not right. Okay.

14 A. We were all in the same group all eating

15 dinner together.

16 MR. PARK: How you doing? Want to take a

17 break?

18 THE WITNESS: I just want to get this --

19 I just want to go through this.

20 MR. PARK: Do you want to take a break

21 and we can come back?

22 THE WITNESS: A couple minutes. Let's

23 just do this.

24 MR. PARK: Okay.

25 \\\



1 BY MR. COOK:

2 Q. So it's your recollection you ate dinner

3 with Morales and Quintanilla; is that right?

4 A. Quinta- -- Quintanilla and who?

5 Q. Morales. Or you just spoke to Morales

6 afterwards? I'm trying to understand that.

7 A. I spoke to him before. When we first got

8 there, we -- I spoke to him in the garage on a

9 picnic table.

10 Morales, was he at the table? He was --

11 that or the living room. I don't remember where he

12 was sitting.

13 Q. All right. Where did you stay most of

14 the time at the party, inside, in the -- or in the

15 garage area?

16 A. Approximation, I probably spent an hour

17 and 15, an hour and a half, an hour out in the

18 garage. Then I got bored, and then we went inside.

19 It was dinner. And we didn't stay long after dinner

20 and we left.

21 Q. After dinner, did you stay inside the

22 rest of the time or did you go back out in the

23 garage?

24 A. I went out to the garage once. That's

25 when I met Kevin.



1 Q. And what were the circumstances in which

2 you met him in the garage after dinner?

3 A. I walked -- I opened up the garage door.

4 I knew who he was because I knew who he was just by

5 seeing Marisa and them, whatever, and I seen him

6 before and -- briefly so I knew who he was. And the

7 fridge was right over there, and I stopped drinking

8 at that point. I had a water or something like I

9 usually do.

10 And then when I walked out the door from

11 the kitchen, he was -- he was like coming in almost

12 the same time as I was, so when I opened the door,

13 he was standing there. I'm like, "Oh, hey, what's

14 up?" And I said, "I'm Mark."

15 "Yeah, I'm Kevin" or whatever.

16 "Hey, good to see you again,

17 blah-blah-blah."

18 And that was it. I turned around, walked

19 into the kitchen with the big per- -- people and

20 continued my evening.

21 Q. What did he have in his hands, anything?

22 A. Not at that point, nothing. I think he

23 was making like something or getting ready to,

24 like -- I don't know -- soda or something. I have

25 no idea. I didn't baby-sit him, so I just grabbed



1 what I had to do, said, "Hey," and went inside. I

2 don't know why he was out there. I don't know.

3 Q. All right. So what -- you said you met

4 Kevin. You were inside eating. Then you went

5 outside for a brief moment, and that was just when

6 you met Kevin. What were you going out to do?

7 A. I thought I just said I was going out

8 just to get a -- grab a beverage and come back in so

9 I could eat.

10 Q. Okay. And the rest of the time then you

11 stayed inside from dinner on out?

12 A. Yeah, 'cause we weren't there very long.

13 We didn't want to stay very long. We had other

14 things to do. We were just freshly dating, so it

15 was about me and her, like getting back into our

16 flow and getting back into the dating thing, just

17 on, off, on, off, and we were trying to make it

18 work. "Let's have some alone time. Let's go."

19 Q. So you played beer pong before dinner?

20 MR. PARK: Objection, foundation. I

21 mean, pardon me. Form.

22 A. I don't remember. I think it was. Best

23 estimate, if I were to do it right now, I would

24 probably say it would be probably before dinner. I

25 don't know what I did.



1 Yeah, it was before dinner because we ate

2 and then left, so yeah, it was before dinner. Yeah,

3 'cause we first got in the garage and then hung out

4 and then -- yeah. And I hadn't played beer pong

5 before or whatever up until that point so I had some

6 lessons to learn, and there was water and I thought

7 it was supposed to be played with beer but there was

8 water, and so I didn't really understand like then

9 what -- why do they call it beer pong and then --

10 then I got taught.

11 BY MR. COOK:

12 Q. Who taught you?

13 A. That was it.

14 Just people standing around, adults.

15 Yeah, it was before dinner. It was when we first

16 got there. I'm sorry.

17 Q. And how was the alcohol set up in the

18 garage; do you recall?

19 A. I know there was a fridge. I know there

20 was a cooler that Penny Higgins wouldn't get up off

21 of for a minute. There was -- yeah, there was a

22 fridge. There was a cooler, and then there was the

23 tables.

24 Don't quote me on this, but I think up

25 against the back wall there was -- there was like



1 some kind of cocktails, mixed drinks, something, you

2 know, like hard liquor or something to make

3 cocktails or whatever with.

4 Q. Were there any cups for the mixing?

5 A. I don't know. I didn't drink any hard

6 liquor.

7 Q. Did you see anybody carrying cups around?

8 A. Yeah. There was cups everywhere, like

9 Solo cups or whatever they were. Everybody had

10 cups.

11 Q. Like the -- the red Solo cups or the blue

12 Solo cups, something like that?

13 A. I -- I don't know. Yeah, it was, okay,

14 red, green. Whatever the color was, I don't

15 remember that far back. Everybody had a drink of

16 something, whether it be Coke or alcohol or -- you

17 know, adults are adults.

18 Q. Now, when you were talking to Morales at

19 the party in the garage area, were you facing that

20 alcohol table?

21 A. I'll show you exactly how we were

22 sitting. I do remember this. It's a picnic bench.

23 He was sitting here and he was straddling the picnic

24 bench.

25 MR. PARK: Oh, you can't take that off



1 because --

2 BY MR. COOK:

3 Q. You can't take that off, so what we'll

4 do --

5 MR. PARK: So let's draw it if you're

6 willing to.

7 BY MR. COOK:

8 Q. -- what we'll do instead is I'll let you

9 write it out because --

10 A. Good, 'cause I didn't want to stand up

11 anyway, so -- I'm feeling kind of dizzy.

12 All right. What did you just want me to

13 do? I'm sorry.

14 Q. When you were talking to Morales, where

15 were you? Where was the alcohol? Where was he?

16 A. I'm just going to draw a little map of

17 the house. Sorry. So I don't have to do this

18 later.

19 MR. PARK: And while you're drawing, if

20 you want to, go ahead and tell Mr. Cook what you

21 told me this morning about your -- how --

22 THE WITNESS: I don't even remember what

23 I told you this morning. What was it with?

24 MR. PARK: About your memory and your

25 illness. You can go ahead and tell him that.



1 THE WITNESS: I'm not doing this to screw

2 anything up. Short-term memory, I've asked you to

3 repeat some -- a million questions. Short-term

4 memory, I'm good for about a half an hour, maybe

5 sometimes five minutes, so if I keep asking you to

6 repeat a question, it's because of these meds that

7 I'm on.

8 BY MR. COOK:

9 Q. What meds are you on that are affecting

10 your memory?

11 A. Every- -- just about everything you can

12 imagine. There's a few meds I'm not going to go

13 into. It's too personal. I'm sorry. I'm not going

14 to do it. These are the things that are going on

15 with my sexuality on top of this. That has nothing

16 to do with this, so --

17 Q. I asked about meds affecting your memory.

18 A. I know.

19 Q. I didn't ask about that.

20 A. I know. I --

21 Q. I don't want to know about that. I want

22 to know about meds affecting your memory.

23 A. I'll get him the list.

24 MR. PARK: Yeah.

25 A. I don't know the name.

mcook

Highlight



1 MR. PARK: I'll give -- I'll give you the

2 list we talked about.

3 A. We just start dropping -- I don't know

4 the medications off the top of my head.

5 MR. PARK: Yep.

6 A. Okay. I'm going to draw this map. I'll

7 answer any other questions you want, but, please,

8 the meds until I get him a list.

9 MR. PARK: Yeah.

10 A. You're going to ask me, too, "Well, how

11 can you remember so much of these little details?"

12 Because the more I think about it, the more -- this

13 is obviously very important and I got to get this

14 right.

15 Okay. So there's a hallway going down

16 there and there's a bathroom.

17 Here's the house, garage, front door,

18 dining. There was a wall right here that comes out

19 to the kitchen door, which comes out of the foyer

20 door, which lets you down the driveway, and I was

21 parked right there where this car is.

22 When I walked in, I walked over here. I

23 sat down with my wife and me. Morales sat down

24 right there. We started talking shoptalk, lasted

25 for a little while. Tables, beer pong. At first I

mcook

Highlight

mcook

Highlight



1 thought it was childish college games. Then I saw

2 the little triangles and blah-blah-blah. And then,

3 you know, there was people standing here and here

4 and here and here and here, everybody I worked with

5 playing beer pong. "Okay, hey, Mark, you want to

6 play some beer pong, and Cynthia can be your

7 teammate or whatever?" I was like, "Oh, fine." Or,

8 "Johnny can be your teammate or whatever."

9 "That's fine." I took it, whatever.

10 BY MR. COOK:

11 Q. All right.

12 A. But --

13 Q. Stop there for a second. I'll let you

14 pick it up from there, but I just want to make sure.

15 These three tables you drew are three

16 beer pong tables; is that right?

17 A. It was either two or three. I'm taking a

18 guess it was three.

19 Q. Okay. And is somewhere on here -- can

20 you draw me where the alcohol table was.

21 A. If I drew it, I have a feeling I might be

22 lying or not telling the complete truth.

23 Q. So you --

24 A. Because I don't remember. It was

25 either -- I know there was a fridge right here.



1 Q. Put a "R" for fridge.

2 A. I don't drink hard alcohol, so I don't

3 know. There was either --

4 MR. PARK: Label the fridge right there

5 so we know what it is.

6 THE WITNESS: Fridge.

7 BY MR. COOK:

8 Q. Okay.

9 A. And as you can tell, I don't eat very

10 much, so there was food, I think, on this table or

11 the booze was on this table. I don't know. I

12 wasn't paying attention to the booze or whatever.

13 My point wasn't to get intoxicated, so I didn't

14 care.

15 And it -- it was either there or it was

16 here with the booze bottles. I'm not sure.

17 Q. Those little circles represent possible

18 booze bottles?

19 A. Booze bottles.

20 Q. All right.

21 A. Okay. So I'll write "booze."

22 Booze bottles over there. And I'm just

23 going to put "BP" for beer pong. I don't know.

24 There you go.

25 Q. All right. So when you're sitting next



1 to Morales, is he facing towards this open garage

2 door and you're facing towards what you've labeled

3 as "Food & Booze" or were you guys in opposite

4 spots?

5 A. He was facing the door.

6 Q. I'm sorry?

7 A. He was facing the door.

8 Q. Okay. So Morales is looking out towards

9 the driveway --

10 A. But he --

11 Q. -- if he's looking at you to talk;

12 correct?

13 A. He's looking at me to talk, but we were

14 so in depth about work and he used to be my first

15 sergeant so we had a lot to catch up on. We were so

16 in depth in work that I can't speak for him, but I

17 wasn't paying attention to anything else but my boss

18 standing there. And we were talking about work and

19 what's new coming up and, you know, what I can do

20 better next year and this year. It was more of a --

21 Q. All right. And then after you played

22 beer pong, you said you went inside and you ate; is

23 that right?

24 A. Yeah. Quite frankly, beer pong's boring.

25 I felt like I was back in college, so I left. I



1 decided to go inside and see what the food situation

2 was, and I sat down at the dining room table. I was

3 there for a while. I was talking, just talking to

4 everybody, whatever, and then -- and then they

5 started serving dinner and I went out. When they

6 first started serving dinner, I went out this door

7 'cause the door opens -- I believe it was like that

8 way it opens, and when I opened the door, Kevin was

9 right here.

10 Q. Okay. That stick --

11 A. He was right --

12 Q. -- figure's Kevin. I gotcha.

13 A. So I walked out -- I walked -- I opened

14 the door, and yeah, 'cause the fridge was right here

15 because I remember reaching to the right. I opened

16 the door and Miranda was right here, but he was

17 moving this way.

18 Q. He was going inside and --

19 A. He was going inside, so I went to the

20 refrigerator.

21 And I might have been a cop for 14 years,

22 but if you're talking one or two years and/or

23 whatever in age difference or sometimes it's a

24 little bit hard to distinguish when you're not on

25 duty and you're at somebody else's party. I didn't



1 pay attention to him and I didn't see a drink in his

2 hand, and I -- that thought never crossed my mind

3 'cause I thought why would Rebecca Wamsley ever

4 let -- and it was one of those things, I went to a

5 holiday party. I never expected any of this.

6 I went to the bridge. I got -- or

7 fridge. I got something to drink. I went right

8 back to the dining room table. We ate. I remember

9 it. We went in the living room. We talked for a

10 few minutes, got bored. "Well, hey, everybody's

11 going, blah-blah-blah." I think Armando left first.

12 Walked out -- or this is still the garage. Walked

13 out the door, literally, "Good-bye, good-bye, thanks

14 for everything."

15 I saw a few kids over here.

16 Q. By the garage door?

17 A. Honestly, it was dark. I didn't pay

18 attention. I saw -- I didn't know if they were kids

19 or adults. It was one of those things where it was

20 like that. I had no idea they had booze, so I

21 didn't care.

22 I walked right down the driveway, got

23 into my car, and me and my wife continued our date

24 because I didn't know what they had in there. I

25 didn't think that this would be allowed in this



1 house. This wasn't my house, so I didn't ask or

2 smell the cup or check. I just left.

3 Q. Can you put a "K" right here right by the

4 garage door where you put the circle where the kids

5 were, a "K" for kids for me so I know what that is

6 when we come back and look at this.

7 A. (Complying.)

8 Q. Okay. Now, when you say "kids," does

9 that mean two or what?

10 A. Honestly, there wasn't that many people

11 there when we left and I -- it was like, I would

12 say, a handful, small handful, and honestly -- and I

13 hate to be disrespectful, but I never thought an

14 adult in their own house would let that happen, so

15 it never crossed my mind because we work for a

16 police department and I sure as heck didn't grab his

17 cup and smell it.

18 Q. Was there a hookah pipe anywhere inside

19 that you saw?

20 A. No.

21 MR. COOK: All right. We're at a --

22 we'll get this marked as next in order. We're about

23 out of tape so --

24 MR. PARK: Yep.

25 MR. COOK: -- we need to take a break.



1 THE VIDEOGRAPHER: The time is 11:52 a.m.

2 MR. PARK: Let's take --

3 THE VIDEOGRAPHER: This ends digital tape

4 number two. We're off the record.


6 identification.)

7 (Recess taken.)


9 record at 12:07 p.m., and this begins digital tape

10 number three.

11 BY MR. COOK:

12 Q. You didn't see anybody watching alcohol

13 at the party; correct?

14 A. I'm sorry?

15 Q. You didn't see anybody watching the table

16 of alcohol at the party to make sure no minors were

17 drinking; is that correct?

18 A. No.

19 Q. Bad question. That's not correct or you

20 didn't see anybody?

21 A. I did not see anybody.

22 Q. Okay. Did you see soda in cans or

23 bottles or what?


25 Q. Okay. Do you recall if you got at the



1 party before or after Quintanilla?

2 A. I think it was before. Yes, before,

3 'cause I believe we were the first couple there, not

4 couple, but there was a few people. I think, yeah,

5 it was after. Or -- yeah, after we showed up.

6 Q. You know, I asked you about your

7 conversation with Lieutenant Burgess earlier, and I

8 kind of focused on the cover-up conversation. Do

9 you recall talking to Lieutenant Morales regarding

10 fliers or whether Lieutenant Young took fliers down

11 or anything along those lines?

12 A. No.

13 Q. That you don't recall anything about that

14 topic coming up?

15 A. No.

16 Q. Do you recall Arroyo -- telling Burgess

17 that Arroyo complained that he didn't think the

18 command staff had his back?

19 A. No.

20 Q. Is there anything about the party, what

21 happened at the party, that you recall that we have

22 not talked about?

23 A. No, I'm not sure what you want to talk

24 about, but off the top of my head, I don't have

25 anything I have to add, no.



1 Q. There's nothing specific? You can't

2 recall whether anybody was drinking anything

3 specific or seeing anybody go to the alcohol table

4 or anything like that that we haven't talked about?

5 A. Unless it's a kid serving himself

6 alcohol. If I see an adult walk up to a bar, I

7 don't pay attention.

8 Q. How did you first hear about Angela's

9 death?

10 A. Okay. I'm sorry. I know I'm going to go

11 off a little bit of a tangent, but I got to build up

12 the thing. The first time I found out -- 'cause we

13 got home. I fell asleep. She fell asleep. Cynthia

14 left. I stayed home 'cause I didn't know the

15 person, so I stayed home. She knew him.

16 The first time I learned about the

17 tragedy was next day.

18 Q. And how'd you hear about it?

19 A. Wife.

20 Q. What did she tell you?

21 A. That there was a horrible accident and

22 somebody had died and Kevin Miranda got drunk and

23 killed them.

24 Q. And that's what she told you that very

25 next morning?



1 A. Yeah. She was -- she was at the hospital

2 for a very long time. I saw her the next morning.

3 Q. Did she tell you how she knew that

4 Miranda got drunk at the party before she killed --

5 before he killed Angela?

6 A. No.


8 A. No. She told me -- no. She just told me

9 that, "Oh, my God, Kevin Miranda got drunk and

10 killed somebody."

11 And I remember when -- I remember when I

12 got that phone call 2:00 or 3:00 in the morning and

13 I remember -- I do remember that 'cause she seemed

14 completely like frazzled and upset and like what was

15 going on and we just got woken up, and I asked her

16 if she wanted me to go to the hospital with her and

17 she said, "No, that's okay. You know, you don't

18 really know these people that much, whatever. I'll

19 just go."

20 So I stayed, and she came home the next

21 morning and filled me all in on everything.

22 BY MR. COOK:

23 Q. Did you at any point ask her how -- if

24 she knew how Miranda got alcohol at the party?

25 A. No.



1 Q. Why not?

2 A. I am so sorry to say this, but I don't

3 know him. It was not my business. I was just

4 barely seeing Cynthia on and off. You know, I work

5 a police job where I hear horrible tragedies all the

6 time and I think it's horrible and it doesn't make

7 it any less of horrible, but in my profession,

8 unless I'm on the job, I really don't ask details

9 that much, because especially if I'm just really

10 starting to get to know somebody, I know this sounds

11 horrible, but I like to keep it in the positive.

12 So that was really her friends and stuff

13 like that, so I'm sure it was brought up, like, "How

14 you doing? Are you okay? Is everything okay?

15 What's going on, blah-blah-blah?" But about that

16 far, to the extent of it, and then when I heard I

17 was in this, I just -- I couldn't believe it just

18 because I shouldn't even have been there. I mean, I

19 don't know. We were just dating, but, I mean,

20 that's all I can tell you.

21 Q. So at no point were you curious as to

22 how -- strike that.

23 Were at any point you curious as to how

24 Miranda got alcohol at that party?

25 A. Nope.



1 Q. Why not?

2 A. I was more concentrated on the death of a

3 human being and I was more concentrated on the mess

4 that -- the tragedy, the mess and how could a

5 holiday party go wrong, and I -- I just thought it

6 was ridiculous. I -- we left the house. Everything

7 was fine. Next thing you know, three laters --

8 three hours later while we're asleep we're getting

9 frantic phone calls.

10 I think my first question out of my mouth

11 was, "What? What is -- what are you talking about?"

12 I -- I didn't expect this. I didn't know any of

13 this was going to happen.

14 Q. Now, you said you were concerned about

15 the death. Alcohol caused that death; right?

16 MR. PARK: Objection, foundation. Go

17 ahead. Go ahead.

18 A. Apparently alcohol did cause -- alcohol

19 and a very big truck and a young, inexperienced

20 person who was not supposed to be drunk, not that

21 anybody should be drunk, made a very bad move.

22 BY MR. COOK:

23 Q. All right. So while you were concerned

24 about the death, you weren't concerned about how he

25 got the alcohol that led to the death; is that



1 correct?

2 A. At that point in time, that was the last

3 thing on my mind.

4 Q. All right. And you said, "This thing

5 turned into such a mess. How could a holiday party

6 go so wrong?" What did you mean by that?


8 A. Somebody died. How else wrong could it

9 go? That's about as bad as it can get. And I've

10 never been to another holiday party since.

11 BY MR. COOK:

12 Q. Except the one you went to three weeks

13 later and proposed to Cynthia Ruelas-Robbins; right?

14 A. Was that three weeks later?

15 Q. Yeah.

16 A. Yeah, I proposed to her.

17 Q. Right.

18 A. That was the whole plan of that. I've

19 never been to another party since.

20 Q. Okay. You've never been to another party

21 since the Christmas party you got engaged at;

22 correct?

23 A. Yes, because I had plans to get engaged

24 at that party and I wasn't going to call it off.

25 But as far as parties, from that point on, I don't



1 do family functions with CCSD anymore.

2 Q. What do you mean by "I don't do family

3 functions with CCSD"?

4 A. With my friends at CCSD, for the most

5 part, my acquaintances, I just leave myself out of

6 it.

7 Q. What was the atmosphere at work? Did you

8 work that Sunday after Angela died?

9 A. I don't work Sundays. I work Monday

10 through -- wait. That was four years ago; right?

11 Q. Almost.

12 A. Four years ago. I don't remember.

13 Probably.

14 Q. What was the atmosphere at work when you

15 went in?

16 A. The first day?

17 Q. Sure.

18 A. Not a word. Nothing was said to me.

19 Q. When was something first said to you with

20 regard to either the party or Angela's death after

21 the party?

22 A. Well, I knew -- yeah. At work when was

23 the first time somebody brought it to my attention?

24 Q. Right.

25 A. I don't think it was that day. When was



1 the first -- I don't know. Within -- within a week

2 or so, I guess. This was a very long time ago.

3 I'm -- I'm doing the best I can.

4 Q. You told me at the outset of the depo

5 you're good for about two, three hours. We're about

6 past three hours of depo time. Are you okay to

7 continue?

8 A. I want to continue because I want to get

9 my side out, yes.

10 Q. All right.

11 A. I'll make it.

12 Q. Do you understand there's a difference

13 between "I want to continue" and "I'm okay to

14 continue"?

15 A. I am okay to continue.

16 Q. All right.

17 MR. COOK: Is he okay to continue?

18 MR. PARK: He -- he's told me he's fine

19 to continue --

20 THE WITNESS: I'll let him know --

21 MR. PARK: -- right now.

22 THE WITNESS: -- if I'm not.

23 BY MR. COOK:

24 Q. The first time outside of work you heard

25 about Angela's death was from Cynthia; is that



1 correct?

2 A. Yeah.

3 Q. Okay. When I asked Cynthia

4 Ruelas-Robbins during her deposition if she had ever

5 asked Rebecca Wamsley about how Miranda got the

6 alcohol, she responded, "It's a possibility I may

7 have made that comment, but I don't know when,

8 because that's what goes through my head is, I don't

9 understand how this happened. I don't understand

10 how he got -- or where, or did he have it with him

11 when he came to the party, did he have it in the

12 car, when did he drink it? I didn't know any of

13 this. I -- I mean, these were questions that ran

14 through my head that I had no -- I didn't

15 understand."

16 Shortly after that party, did she ask you

17 any of those questions or have any conversation

18 along those lines with you?

19 A. We've had a lot of conversations. We're

20 husband and wife. I don't remember every single

21 particular one. What exactly do you want to know

22 again?

23 Q. I'm not picking some random conversation

24 that you have all the time with husband and wife.

25 I'm talking about a conversation after Angela's



1 death about how the guy that killed her got the

2 alcohol. Might that stand out in your mind, sir?

3 A. It would --

4 Q. Okay.

5 A. -- if I knew where he got it from.

6 Q. So do you recall having any conversation

7 along these lines with Cynthia saying, "I don't know

8 how it happened. I don't understand how he got it,"

9 and these were questions on her mind? Did she have

10 that conversation with you?

11 A. Yeah. Yeah, I'm sure we -- I'm sure she

12 did. Yes. We talk about everything.

13 Q. Do you remember it? Do you remember that

14 conversation?

15 A. Not --

16 Q. Was there multiple conversations and you

17 can't pick one out on this topic?

18 A. Well, sure, there was multiple

19 conversations. We're married. We talk about

20 everything. To pick -- pick out one conversation in

21 particular four years ago, I don't recall. I'm

22 sorry.

23 And you don't have to get mad at me. I'm

24 fine. I'm doing the best I can.

25 Q. Do you recall having any conversations



1 with your girlfriend, fiancée, Cynthia Ruelas, after

2 Angela was killed about how did this guy get the

3 alcohol or any questions or concerns Cynthia had

4 running through her head or you had running through

5 your head about this death?

6 A. I'm absolutely sure we did. I don't

7 remember specific, but I'm absolutely sure we did.

8 Q. Okay. Would you be surprised that she

9 testified she didn't have any conversations or ask

10 you anything about that until after you were

11 married?

12 A. Yeah, I'd be surprised.

13 Q. I asked her, "So you had questions

14 running through your head from this November 2009

15 accident, and you did not ask anybody about them

16 until after July 3rd, 2010, when you married Mark

17 Robbins? Is that your testimony, ma'am?"

18 And she said, "Yes."

19 A. She --

20 Q. That's not your recollection, is it?

21 A. This was four years ago. She remembers

22 differently than me. I'm sorry. I can't speak for

23 her.

24 Q. I didn't ask you to speak for her. I

25 said that's not your recollection, is it?



1 A. That's not my recollection.

2 Q. Okay. What were the circumstances in

3 which Angela's death first came up with you at work?

4 A. First, I don't recall. It's four years

5 ago. I don't recall. I'm sorry.

6 Q. Well, what's the first time you do

7 recall?

8 A. Bringing it up to somebody at work?

9 Q. The issue of Angela's death or Rebecca's

10 party coming up at work, when --

11 A. That's what I meant. Bringing up the

12 issue at work?

13 Q. Right.

14 A. I -- can I say the word "assume"? Or

15 just --

16 Q. You can.

17 A. I would assume the first week that things

18 were back -- the first one or two weeks things were

19 back into work and swinging in -- in dispatch. As a

20 matter of fact, I do remember hearing about it, and

21 I was like, "What?"

22 Q. Why were you -- why were you, "What?"

23 You already knew about it from Cynthia; right?

24 A. But --

25 Q. You can answer.




2 A. I'm going to be blunt honest, and I

3 apologize. I was dating her. I didn't have the

4 full spectrum of everything that was going on, and

5 because of the fact that she knew these people

6 better than I do -- how can I say this? -- it

7 wasn't -- it wasn't something that had me concerned

8 that I had done something wrong because I knew that

9 I didn't, because from the time it started from the

10 phone call in the hospital I had -- I didn't get all

11 the full details for a while because I didn't know

12 most of these people.

13 So I'm a cop. They're dispatchers. We

14 don't talk that often. I -- I'm not a gossiper. I

15 don't know.

16 BY MR. COOK:

17 Q. Well, when did you get the full details?

18 A. I don't remember.

19 Q. Within two months of the accident?

20 A. Oh, I'm sure all the full details hadn't

21 even come out yet. I don't know. I -- I learned

22 about the bulk of it, I'm sure, within the first

23 week of the accident and the tragedy and just like,

24 "Oh, my God," and, "Wow." And I'm -- I'm -- I'm

25 sure it was the first week. I'm sure it didn't take



1 that long.

2 I don't spend a lot of time down at the

3 station. I spend time in the field, so all the talk

4 happens down around there and I'm out of the loop.

5 I do my job. I concentrate, and I --

6 Q. Okay. When you say you got the full

7 details or didn't get the full details for probably

8 a full week, what as you sit here today do you

9 understand the full details to be? When you say

10 "full details," I want to know what you mean.

11 A. Full details as in there was a party.

12 There was an underage drinker. However he got the

13 alcohol, I have no idea.

14 Full details, I mean, I -- I pretty

15 much -- I pretty much covered it. I don't know what

16 else to say really. The full details, like in

17 specific like what?

18 Q. You used the phrase "full details." You

19 said, "I didn't get the full details until probably

20 a week later," something to that effect.

21 A. Full details as in that there was a

22 tragedy. A young female died. Kevin Miranda was --

23 was drunk. He got a bottle of alcohol from

24 somewhere, and he's probably going to jail, which,

25 you know, where he belongs, and that -- just full



1 details as in just it stemmed from the party, and, I

2 mean, that's just about -- that's like the full

3 details.

4 Q. Okay. Well, that's the same thing you

5 told me you found out that next morning from

6 Cynthia.


8 BY MR. COOK:

9 Q. Right?

10 MR. PARK: Object, same objection. Go

11 ahead.

12 A. Yeah.

13 BY MR. COOK:

14 Q. Okay. So when you say "full details, it

15 was probably about a week," it wasn't anything

16 different than what Cynthia told you that next

17 morning; correct?

18 A. The telephone game, you tell one person.

19 The next person has their own version. Next person

20 has their own version. By the time I hear it at

21 work, I get 16 different versions.

22 I separate myself, that anybody that has

23 a big mouth at work, I work alone. I don't talk

24 about it. I hear -- I heard things in passing,

25 which raised my eyebrows. I tend to keep my mouth



1 shut at work 'cause I'm there for a paycheck, a

2 pension and to protect children.

3 I don't remember.

4 Q. Okay.

5 A. This was four years ago. I have short --

6 I -- right now I don't remember. I am sorry.

7 MR. COOK: Can I get the question read

8 back.

9 You didn't answer what I asked you, sir.

10 MR. PARK: You've just got to listen to

11 what he asks and just give him -- go ahead.

12 (The following record was

13 read by the court reporter:

14 "Question: Okay. So when

15 you say 'full details, it

16 was probably about a week,'

17 it wasn't anything different

18 than what Cynthia told you

19 that next morning;

20 correct?")

21 A. Okay, correction. Yes. Now that I think

22 about it, I was read that detail -- full details,

23 okay, full details from people I hear at work, does

24 that include all the details that I heard that were

25 rumors or all the details that I heard that were



1 factual?

2 BY MR. COOK:

3 Q. Sir, you said to me, "I didn't get the

4 full details for about a work -- for about a week."

5 I asked you when you say "full details," what do you

6 mean by "full details"?

7 A. I'm telling you what I mean about full

8 details. Everybody has their own version of full

9 details. What I hear, how am I supposed to decipher

10 on the spot what is a full detail or not?

11 I know that's what my job is, but when

12 you're hearing things from your coworkers, is that a

13 full detail? Is that a full detail? Is my wife a

14 full detail? Who's telling the true story? What's

15 going on?

16 So as far as you saying "full detail,"

17 sir, full details have been asked. Full details

18 have been talked about. 90 percent of them are

19 gossip. The other 10 percent, if you can weed

20 through that, you get down to 5 percent of what the

21 truth is.

22 So if you're asking me if I heard all the

23 details of everything, I heard --

24 Q. No, that's --

25 A. -- factual --



1 Q. -- not what I'm asking you. I'm asking

2 you when you said "full details," what did you mean?

3 A. I just said that. I said hearsay and

4 people talking, the telephone game. One person

5 tells another, another another. It gets back to me,

6 and then I hear all these details.

7 Q. Okay. But you keep saying "telephone

8 game and people tell me and then I got to figure out

9 what's rumor or not." You're not telling me what --

10 what you were told.

11 MR. PARK: What were the details I think

12 is what he's asking?

13 Is that fair?

14 THE WITNESS: Do you want the details

15 that I know to be factual or you want the --

16 MR. PARK: No, the details you heard.

17 BY MR. COOK:

18 Q. I want to know when you said, "It took

19 about a week for me to get the full details," I want

20 to know when you said that five minutes ago now what

21 you meant by "full details."

22 A. I just said this: Kevin Miranda got a

23 bottle of liquor from somewhere. He got into his

24 truck on his own. He said it on TV. He got into a

25 truck with somebody, Marisa, his girlfriend at the



1 time, I guess. They drank. They killed an innocent

2 person.

3 I was 15 miles away, not my house. I

4 didn't see underage people drinking. I'm walking

5 out the -- the front door. I see two or three

6 people who look like adults, and I leave.

7 The -- the details that I hear, what's

8 factual and what's not? I don't know. I -- I mean,

9 I really don't know. At the time I didn't know

10 these people.

11 Q. So when you said it took you about a week

12 to get the full details, that list you gave me while

13 you were tapping on your fingers was the full

14 details; is that correct?

15 A. Yeah.

16 Q. All right. And those are the same facts

17 you told me when I said, "What did Cynthia tell you

18 the next morning?"


20 BY MR. COOK:

21 Q. So you knew the same facts the next

22 morning that you're describing as the full details a

23 week later?

24 A. Yeah. I told you the truthful facts of

25 what I heard from my wife. Now the hearsay I can go



1 into.

2 Q. Okay. What else did you hear?


4 A. I heard that Mark contributed to alcohol

5 to kids, which really made me mad and defiled my

6 character. I've been wanting to be a cop all my

7 life. I had nothing to do with it even though I was

8 being approached by people at work saying, "Why you

9 giving kids the alcohol?"

10 Second of all, I've been shunned by half

11 of my department on all of this that I had nothing

12 to do with. Third of all, I'm not jeopardizing my

13 job over something so stupid. I'm sorry. This

14 is -- go ahead.

15 BY MR. COOK:

16 Q. I asked you what the other information

17 you heard during that week was --

18 A. I just told you.

19 Q. -- that you referred to as hearsay, and

20 what you told me --

21 MR. PARK: Let him finish.

22 BY MR. COOK:

23 Q. -- is that you contributed to alcohol to

24 a minor, that you were shunned by half your

25 department and that you're not jeopardizing your



1 career over something like this.

2 A. You misquote me. My colleagues told me,

3 "Why you giving alcohol to minors? You're --

4 minors? You're an asshole." So every two minutes I

5 got to defend myself around my own police

6 department.

7 Q. Okay.

8 A. I have a perfect record in every

9 department I've been in. I'm not going to

10 jeopardize myself.

11 So go ahead.

12 Q. All right. Now, is it your testimony

13 that during that week you heard people say, "Are you

14 jeopardizing your career?" Or are you just telling

15 me that's your reaction to when you heard the

16 things?

17 A. They're saying -- excuse my language --

18 "You're going to F up your -- your career."

19 Q. Okay.

20 A. "Did you really give those kids alcohol?"

21 Q. All right.

22 A. After a while, after about a good year or

23 so of that, and I didn't do anything wrong, that --

24 that tends to grate on a person's personality in

25 working so hard from where I've been. I'm not -- go



1 ahead.

2 Q. Anything else you heard in that week that

3 you weeded out as --

4 A. Nope.

5 Q. -- being an untrue statement as to what

6 happened?

7 A. (Shaking head.)

8 Q. Sir?

9 A. No, sir.

10 Q. All right. At any point in time, did you

11 report to any superior, "Hey, I was at the party

12 where it seems like that kid got the alcohol before

13 he killed Angela"?

14 A. No.

15 Q. Why not?

16 A. I'm sorry. It didn't have anything to do

17 with me. I'm sorry. This was a dispatch party. I

18 figured everybody already knew about it. I didn't

19 do anything. I had no idea what was going on. Why

20 would I start a fire that doesn't need to be

21 started?

22 Q. Why did you figure everybody already knew

23 about it?

24 A. Word travels very fast in a very small

25 department.



1 Q. All right. And you said you didn't want

2 to start a fire that didn't need to be started.

3 What do you mean by that?

4 A. Unless I'm getting paid for it and I'm on

5 the job, I hate confrontation. If I'm sitting in my

6 house and relaxing, that's fine. I -- I don't get

7 any confrontation. But outside of work, I don't

8 deal with confrontation. That's it.

9 Q. All right. Now, you also said that

10 you're not in dispatch very much so you wouldn't

11 have heard any of the things in dispatch; is that

12 true?

13 A. Uh-huh.

14 Q. Okay. Do you recall any of your

15 supervisors at Armando Quintanilla's request talking

16 to you about being in dispatch too much?

17 A. No.

18 Q. Do you recall Armando Quintanilla saying

19 you were in dispatch too much?

20 A. Nope.

21 Q. So if he says he went to a supervisor to

22 talk to you -- to have them talk to you about not

23 going in dispatch so much, you don't recall anyone

24 following through on that; correct?

25 A. No.



1 Q. All right. Did there come a time where

2 you were precluded from going in dispatch?

3 A. No. That's where all our paperwork is.

4 No. That's where warrants are, and we go in there

5 all the time.

6 Q. And you said for about a year you kept

7 hearing that you contributed to a minor having

8 alcohol. Who did you hear that from?

9 A. It still goes on. It's harassment. Name

10 it. Name it. My -- my defamation of character is

11 completely destroyed in that department.

12 Q. Okay. I asked who else had you -- who

13 had you heard that from. You haven't given me

14 anybody's names. You said, "Name it."

15 A. I'll print you out a department list.

16 There's too many to name. Mike Thomas, peo- --

17 what's her name? Higgins. I mean, people that I

18 thought were my friends. I -- I don't know exactly.

19 I can't give you a whole million list of names, but

20 it still goes on to this day, so --

21 Q. And it's a lot of different people in the

22 department that --

23 A. Uh-huh.

24 Q. -- have accused you of that; is that

25 correct?



1 A. Yeah. "Hey, have you been at any cool

2 kid parties lately?" That kind of stuff. And I'm

3 professional. I got to deal with that stuff, you

4 know. It is what it is.

5 Q. Who did you speak to at the department

6 about the party or Angela's death?

7 A. Wife.

8 Q. No one besides your wife?

9 A. Does "That was a horrible tragedy" count

10 as talking about the party?

11 Q. Sure.

12 A. Pretty much everybody that brings it up.

13 Q. Which is pretty much everybody that works

14 there; is that right?

15 A. Yeah.

16 Q. All right. Besides --

17 A. "It was a horrible tragedy. I'm sorry it

18 happened." That's what I tell them. "Don't look at

19 me like that. I had nothing to do with it."

20 And that's the truth, and that's what I

21 tell them. I turn around and walk away. How they

22 take it is up to them.

23 Q. And that's the only conversation you've

24 had with anybody at work regarding the party or

25 Angela's death; is that correct?



1 A. I don't recall. I'm doing the best off

2 of memory, the key points that I do remember.

3 Q. Have you talked to anybody about the

4 lawsuit?

5 A. No.

6 Q. Nobody at work about the lawsuit?

7 A. Wife.

8 Q. Do you consider having information as to

9 how Miranda may have gotten the alcohol at the party

10 something you should have turned over to CCSD and/or

11 Metro?

12 A. No, sir.

13 Q. Why not?

14 A. My best guess the next morning was -- and

15 I told the wife this -- I know exactly what he did,

16 and that's just from being a cop and putting pieces

17 of the puzzle together. You leave alcohol

18 unattended on a table. If there is children around

19 and all the adults are inside leaving, that's my

20 philosophy on it.

21 I didn't give him booze. I didn't see

22 anybody give him booze, but if he said it himself

23 that he grabbed it and he drank it and I didn't see

24 him grab it and drink it because I was inside, no.

25 Q. Did you tell that theory to anybody at



1 Metro or CCSDPD?

2 A. Yeah, Metro when they came and

3 interviewed.

4 Q. Some years after the event?

5 A. Just like this, yes.

6 Q. All right. That was actually after

7 Miranda was already convicted; right?

8 A. That was only a year and a half or two

9 years after. My memory was much fresher on that one

10 and I wasn't sick.

11 Q. Well, you weren't sick at the party

12 either; right?

13 A. Four years ago, no. I'm sick now. It

14 started in this year. I've been a pretty healthy

15 man.

16 Q. Did you hear about any anonymous letters?

17 A. Oh, yes.

18 Q. Did you hear about any before they went

19 on the news?

20 A. I heard rumors Mike Thomas was pumping

21 one out and so was Penny Higgins. I heard rumors.

22 Once again, don't know exactly where it was from

23 four years ago. I'm sure it was people I was

24 working with.

25 MR. COOK: We're past your half-hour



1 follow-up check. I don't know what you want to do.

2 MR. PARK: How you feeling?

3 THE WITNESS: Let's just keep going.

4 MR. PARK: Are you sure?

5 THE WITNESS: Yes, sir.

6 MR. COOK: Okay. Are you saying "keep

7 going" because you feel well enough to continue?

8 THE WITNESS: No, because I want justice.

9 I'm good.

10 MR. PARK: You know, let's -- let's just

11 take a second off the record and let me talk to him

12 real quick.

13 THE VIDEOGRAPHER: Off the record at

14 12:43 p.m.

15 (Luncheon recess taken.)

16 -oOo-

17 AFTERNOON SESSION

18 -oOo-


20 record at 1:48 p.m., and this begins videotape

21 number four.

22 BY MR. COOK:

23 Q. Mr. Robbins, do you have any changes from

24 any of your morning testimony?

25 A. No.



1 Q. Okay. And you're okay to continue?

2 A. Yes.

3 Q. All right. You feel fine?

4 A. Yes.

5 Q. All right.

6 MR. COOK: Anybody have any objection to

7 us continuing? I -- I don't want to continue and

8 have somebody come back and say, "Ah, he was past

9 where he should have been."

10 MR. PARK: I don't have any objection, I

11 mean, other than, I mean, he came in sick. I mean,

12 he's been sick, but he -- he's okay to continue.

13 He's told me he is.

14 MR. COOK: All right.

15 THE WITNESS: I'll let you know if I'm

16 not. You'll know.

17 BY MR. COOK:

18 Q. You testified this morning that you shut

19 off your Facebook and that the only one who would

20 have turned it back on is -- is your wife. Did you

21 take any time during the break to check on that?

22 A. No. That's a conversation I'll have with

23 my wife.

24 Q. As you sit here right now post lunch, you

25 don't have any further information as to how your



1 Facebook account is on, though; correct?

2 A. I was -- correct.

3 Q. When you first heard -- strike that.

4 When did you first hear about newscasts

5 and news coverage regarding a cover-up or CCSN's --

6 CCSD's, I should say, involvement in Angela's death?

7 A. Best of my recollection, it must have

8 been about a -- must have been about a month or so

9 before it actually -- or before something actually

10 made the news. Best of my recollection, I know

11 there was a period of time where like it happened

12 and there was a period of time where nothing was on

13 the news. I'm not sure how long a time period.

14 Sorry.

15 Q. Do you recall learning when Miranda was

16 going to be sentenced?

17 A. Yes.

18 Q. If I represent to you that was in July

19 2011, does that sound about right, about a year --

20 A. I don't know --

21 Q. -- and a half afterwards?

22 A. Sounds about right. I don't know the

23 exact date right now.

24 Q. Do you recall if there was any news

25 coverage that you know about regarding CCSD being



1 involved in any way in the Wamsley party or Angela's

2 death or Miranda's sentencing on the news prior to

3 his sentencing?

4 A. Yes.

5 Q. Just prior or significantly prior?

6 A. Just prior.

7 Q. Okay. Is that the first time you recall

8 hearing any news coverage regarding any involvement

9 in CCSD as far as any involvement in the Wamsley

10 party or Miranda's death or -- I'm sorry, Angela's

11 death or Miranda's sentencing?

12 A. I knew about Miranda's death, but I

13 didn't know about his sentencing -- I mean, I knew

14 he got sentenced or whatever, but yeah, I don't

15 remember time, dates and that.

16 Q. All right. Well, do you recall when the

17 first time you heard that there were allegations in

18 the news as to your involvement?

19 A. Holy cow, yeah, because that was a big

20 shocker and I kind of raised an eyebrow in that and

21 said, "What do I have to do with it?" When all the

22 allegations came out and names started being named,

23 that's when I took it personal. I don't recall when

24 it was, how long ago, after or before.

25 Q. Do you recall if it was more or less than



1 a year after Angela's death?

2 A. Yeah, about, about that time frame.

3 Q. About a year after Angela's death?

4 A. I don't recall. I'm trying to think.

5 Q. Does it stand out for you when you first

6 heard on the news your name in relation to Angela's

7 death?


9 A. Yeah. I saw my name on the news once,

10 and that's what made me sick to my stomach, not

11 because it was anything but sick to my stomach that

12 my name was on the news.

13 BY MR. COOK:

14 Q. Do you recall when that was in relation

15 to any particular date, be it Miranda's sentencing,

16 Angela's death, a change in job position, anything

17 like that?

18 A. I can't give you an exact answer. I'm

19 sorry.

20 Q. I -- I didn't ask for an exact answer.

21 A. Well --

22 Q. I'm trying to get a general time frame as

23 to when you heard your name in the news.

24 A. I don't know. I don't know. Months have

25 passed. Years have passed. I don't remember the



1 exact same date, but I do remember watching it and I

2 do remember saying, "What is going on?"

3 Q. I'm not asking for an exact date.

4 I'll --

5 A. I know that.

6 Q. I'll settle for a three- to six-month

7 time frame if you can.

8 A. I don't know.

9 MR. PARK: Yeah, you asked for a general

10 time period and he said he didn't know.

11 THE WITNESS: I just gave you a general I

12 don't know.

13 MR. COOK: I know I asked for a general,

14 but his answer was, "I can't give you a specific."

15 I want to make it clear that he can't give me a --

16 THE WITNESS: Specific isn't general. I

17 said I don't have general. I don't know. I don't

18 recall.

19 BY MR. COOK:

20 Q. Do you recall if you knew the story was

21 going to be on from some promo or somebody telling

22 you before the story aired or --

23 A. No.

24 Q. -- if you had to go back and watch the

25 story?



1 A. No. It was on the news.


3 A. A long time ago, it was on the news.

4 BY MR. COOK:

5 Q. Okay. Did you know it was going to be on

6 the news before the story aired?

7 A. How would I know that? No, sir.

8 Q. All right. So you --

9 A. I'm not a newsperson. I have no idea.

10 Q. Okay. You've --

11 MR. PARK: Just answer the question.

12 BY MR. COOK:

13 Q. -- really got to let me finish asking the

14 question or you're going to be here all night.

15 A. Okay. But I'm telling you --

16 MR. PARK: Just answer the question that

17 he asks.

18 THE WITNESS: No.

19 BY MR. COOK:

20 Q. Did you watch the story when it first

21 aired or did you have to watch it later on a re-air

22 or on-line or --

23 A. Not when it first aired.

24 Q. -- something like that?

25 A. I was at work in the morning probably



1 when it first aired and I wasn't there.

2 MR. PARK: And let him finish 'cause you

3 may think you know where he's going but you may not

4 know, so you want to let him finish and then you can

5 answer.

6 BY MR. COOK:

7 Q. We were talking at the same time. I

8 didn't hear your answer. Can you tell me what you

9 said.

10 MR. PARK: Have the court reporter read

11 it back.

12 MR. COOK: Well, I can ask him what he

13 said.


15 BY MR. COOK:

16 Q. All right. Did you watch it when it

17 first aired or did you have to go back and watch it

18 either on-line or some recorded version of it or

19 later version of it?

20 A. Later version, later version.

21 Q. Did you ever --

22 A. Yes.

23 Q. Did you ever watch an on-line version of

24 the story?

25 A. Read about it, never watched any videos.



1 Q. Did you read it on-line or in a

2 newspaper?

3 A. On-line.

4 Q. Do you remember which, whose story

5 on-line you were watching -- or reading, I should

6 say?

7 A. Channel 8.

8 Q. Did you click on any of the documents

9 that would show the attachments, such as the

10 anonymous letter or anything like that?

11 A. I don't know. The first time I saw the

12 anonymous letter was here. That was the first time

13 I ever laid -- laid eyes on it.

14 Q. You said "here." I haven't shown it to

15 you yet.

16 MR. PARK: "Here," I think he pointed to

17 me when --

18 A. I pointed at him. When I saw it with my

19 attorney, that's where I first saw it.

20 BY MR. COOK:

21 Q. Okay. Now, the question I asked you,

22 though, was: Did you click on any of the items to

23 see? There were other things, too, that you could

24 click on and see, such as the flier. Did you click

25 on anything to open it up in relation to the story



1 or did you just read it?

2 A. If there was a flier, I didn't see the

3 flier on any Web site, no. The first time I saw it

4 was on him. I saw the flier, yeah, with him.

5 Q. So you didn't click on anything to read?

6 A. No.

7 Q. All right. Did you follow the news story

8 after that to see if you would be mentioned in any

9 of the subsequent stories?

10 A. Nah. 'Cause my name being mentioned made

11 me sick, I pretty much stopped with it all. After I

12 learned that my name was involved and scared the --

13 'cause I had nothing to do with it, I didn't know

14 why I was involved. Yeah, it was upsetting.

15 Q. You mentioned something about Penny

16 Higgins. Did you watch the news report with her

17 story?

18 A. Oh, yeah. Yes, sir, I did.

19 Q. Okay. So that was about three weeks

20 after the initial story where your name was

21 mentioned. You watched both stories?

22 A. I watched where I was mentioned and I

23 watched the whole story on Peggy -- Penny Higgins.

24 Q. Any other of the news stories you

25 watched?



1 A. I believe George Knapp brought it up

2 probably about three weeks ago again.

3 Q. And you watched that one?

4 A. It was just a commercial. I don't like

5 watching the news. I live the news during my job.

6 Q. When did you first hear about the

7 lawsuit?

8 A. About the lawsuit? I don't have an exact

9 date. I don't know.

10 Q. Do you have an approximate date?

11 A. I would figure a year after.

12 Q. A year after what?

13 A. Approximately.

14 Q. A year after what, the news story,

15 Angela's death, something else?

16 A. You just asked me the news story. I

17 said, yeah, it's probably been a couple of weeks or

18 whatever. It's been a while since George Knapp

19 brought it up, but I remember him bringing it up

20 around dinnertime, and it came on the news. It was

21 like three or four weeks ago.

22 Q. When did you first hear about the lawsuit

23 that we filed on behalf of Angela and her parents --


25 Q. -- where you're a named defendant?



1 A. I don't remember when the lawsuit was

2 filed. I don't remember when I first heard about it.

3 Q. Do you recall getting service, getting a

4 copy of it?

5 A. Service?

6 Q. Getting a copy of the lawsuit handed to

7 you by a process server.

8 A. A subpoena, like a subpoena for the

9 lawsuit?

10 Q. Well, a --

11 A. No.

12 Q. -- a summons, but similar.

13 A. No.

14 Q. What is your understanding as to what the

15 allegations of the lawsuit against you are about?

16 A. That I'm a police officer. Allegations

17 were I was irresponsible, 35 years old and I'm

18 feeding alcohol to kids. Those were my allegations.

19 Q. Any other allegations you're aware of

20 against you?

21 A. Oh, that I played Ping-Pong with Kevin.

22 Q. All right. Anything else?

23 A. Oh, yeah, that I brought some booze with

24 me, liquor or beer or something.

25 Q. At any point in time were you concerned



1 about being suspended or terminated from your job

2 for your involvement with regard to this party?

3 A. Nope. I didn't do anything wrong. I

4 wasn't worried at all. I didn't --

5 Q. When the allegations against you came out

6 in the news, did you contact anybody at CCSD even to

7 say, "Hey, there's these allegations. They're not

8 true, though"?

9 A. The wife.

10 Q. Anyone else?

11 A. Family.

12 Q. All right.

13 A. I didn't want to talk about it during the

14 department. I got to work with these people, so

15 it's not a conversation that I just freely would

16 like to bring up, that, "Hey, my name was in the

17 news over a horrible situation." So it wasn't

18 something I'm walking around sharing.

19 Q. I'm not asking if you were sharing that

20 you were in the news. I'm asking if after the news

21 story you told any CCSD employee, "The allegations

22 against me are not true."

23 A. I don't remember who I told.

24 Q. Did you talk to anybody?

25 A. My boss.



1 Q. Who was your boss?

2 A. Sergeant Kurak.

3 Q. Sergeant Kurak?

4 A. Yeah. It was brought up.

5 Q. Who brought it up?

6 A. Him.

7 Q. What did he say?

8 A. The long and the short, "Is it true?"

9 Q. Anyone else at CCSD besides Sergeant

10 Kurak?

11 A. There's a lot of people that won't

12 approach me 'cause they -- I don't know if they're

13 intimidated. I don't know what the deal is, but

14 they -- they're cowards. They won't approach me and

15 ask, so that's fine.

16 There's a few here and there that would

17 ask in passing, and that was just about it. You

18 want names? I'm trying to think.

19 Kurak. I can't remember anybody else

20 unless it was in passing at work or something that I

21 just paid no attention to. I walk away from stuff

22 like that, so --

23 Q. What do you mean you walk away from stuff

24 like that?

25 A. Things that are nobody else's business



1 but mine 'cause I'm there to work, earn a paycheck,

2 do my job, and workplace is no place for chatting

3 about things such as this. Plus, they don't need to

4 know. It's not their business. It's mine. It's

5 everybody else's that's involved.


7 identification.)

8 MR. COOK: You guys have these already.

9 These have exhibit numbers on it that aren't

10 necessarily right.

11 MR. PARK: That's fine.

12 MR. COOK: They're from old ones, but the

13 content is the same.

14 MR. PARK: Go ahead and look at that.

15 THE WITNESS: What's this?

16 BY MR. COOK:

17 Q. Do you recall receiving Highlights of the

18 Week during the time frame that Arroyo was your

19 chief?

20 A. Highlights of the Week?

21 Q. Right.

22 A. Yeah.

23 Q. Okay.

24 A. I think he started doing that halfway

25 through or something. I don't know.



1 I didn't see this before. I'm just

2 seeing it now for the first time. I don't know what

3 this is.

4 Q. All right. Before you get there, let me

5 ask you a couple preliminary questions.

6 You said you thought Arroyo started doing

7 it about halfway in. How would you get the

8 Highlights of the Week, E-mail, handed out or what?

9 A. It comes on our -- FirstClass, our

10 E-mail.

11 Q. And is that something that you would

12 regularly check?

13 A. No. I know what most of the highlights

14 are of the week because I'm very active in the

15 department and you hear things over the radio and

16 you know what's going to be on here. It's --

17 Q. This particular Highlight of the Week, as

18 you were reading it a couple moments ago, I think

19 you said you hadn't seen it before. Is that right?

20 A. Yeah, this, I haven't seen like this. I

21 thought it was in a different format, but not -- not

22 with this style of writing. I don't know. I've

23 never seen this before. I'm sorry.

24 Q. Do you recall receiving on or about

25 February 5th, 2010 in any format some simple



1 reminders on what law enforcement people are

2 supposed to do and not do regarding social

3 networking?

4 A. Yes.

5 Q. If you'll take a look at that first

6 paragraph, do you see that that's what this

7 Highlight of the Week is talking about?

8 MR. PARK: Right there.

9 A. This was brought up in a meeting. This

10 was all brought up in a yearly meeting, every single

11 one of these sentences. I'm on sentence number

12 three. This was all said out of his mouth in a

13 meeting.

14 BY MR. COOK:

15 Q. When was that meeting approximately?

16 A. It was a before-going-to-school

17 meeting -- I don't know -- last year. And he's just

18 telling people, "Don't identify yourself as a police

19 officer working for a specific agency," which is --

20 Q. You said "last year." Is that when he

21 had this conversation?

22 A. I believe so, yes, best of my -- best of

23 my recollection. But I remember hearing these.

24 "Don't identify yourself as an officer who works for

25 a specific agency," which nine times out of ten you



1 really don't. You keep your badge in your back

2 pocket off duty.

3 MR. PARK: Let him ask a question.

4 MR. COOK: Thank you.

5 MR. PARK: Yeah.

6 THE WITNESS: He just told me to read it.

7 MR. PARK: No. No, no. Feel free to

8 read it, but --

9 BY MR. COOK:

10 Q. Prior to Arroyo talking to you about this

11 before the start of school last year, had you done

12 anything along these lines to watch your Facebook

13 comments?

14 A. Nah. I'm pretty good on my Facebook. I

15 don't say anything really offensive. I don't put

16 down my department. I don't make myself look bad,

17 so no.

18 Q. All right. And when you talked in the

19 morning session of the deposition that about a year

20 and a half ago there was some kind of a meeting

21 talking about Facebook, was this the same type of

22 content that was discussed then as well?

23 A. Yeah. It was a whole thing on the

24 Facebook and how cops all over the country were

25 getting in trouble for posting naked pictures or



1 this and that in very compromising situations, which

2 they shouldn't be, and they got, you know, in

3 trouble for it.

4 Q. Do you recall about three months after

5 Angela's death being -- hearing about two officers

6 being called into Chief Arroyo's office for some

7 personal counseling?

8 A. Yeah.

9 Q. Were you one of those two officers?

10 A. Yeah.

11 Q. What was that about?

12 THE WITNESS: Do I have to answer that

13 even though it's marital issues? Has nothing to do

14 with the case, but --

15 MR. PARK: You can answer, but --

16 THE WITNESS: We were talking about me

17 and -- Cynthia was a dispatcher at the time, and we

18 were getting married and the chief basically told

19 us, "This is a work environment. Keep work

20 separated from business. We don't mind if you're

21 married, but keep it separated. She does her job.

22 You do your job, and I don't see a problem with it."

23 Yeah, we were -- we were talked to by the

24 chief. I actually kind of respected it, that he

25 kind of gave us a heads-up, "Just do things nicely."



1 Sorry.


3 identification.)

4 MR. PARK: This is a new one.

5 THE WITNESS: It's the same thing?

6 MR. PARK: Different. Take your time.

7 You can look at that.

8 THE WITNESS: Last time I did it he

9 interrupted.

10 MR. PARK: Sorry. Take your time and

11 just read it first before --

12 THE WITNESS: That's what I was doing

13 with that.

14 MR. PARK: All right.

15 MR. COOK: I'm sorry. What one is this?

16 THE REPORTER: 8.

17 BY MR. COOK:

18 Q. Sir, you've been handed Exhibit 8. This

19 is another Highlight of the Week dated August 4th,

20 2011. The third paragraph of that Highlight of the

21 Week says, "Because I have chosen not to give

22 credence to the many fairytales currently streaming

23 throughout our organization, justifications will not

24 be heard from my office."

25 Do you know what he was talking about



1 around August 4th, 2011, what rumors?

2 A. I've never seen this, so no, I don't know

3 what he's talking about, not -- no.

4 Q. Okay. You've never seen the document and

5 you're not aware of any rumors circulating August

6 4th, 2011; is that correct?

7 MR. PARK: I'm going to say objection,

8 form, foundation. Go ahead.

9 MR. COOK: What's -- what's your

10 objection?

11 MR. PARK: Well, I think he said

12 "fairytales" and you said "rumors," number one.

13 THE WITNESS: Fairy tales?

14 MR. COOK: All right. Let me do it

15 again. All right.

16 BY MR. COOK:

17 Q. First, you don't recall this Highlight of

18 the Week at all; is that correct?

19 A. Nope. I look at our daily briefing, what

20 I have to do, what I'm responsible for. Highlights

21 of the Week, no.

22 Q. Okay. So you do not recall this

23 Highlight of the Week; --

24 A. No.

25 Q. -- correct? All right.



1 Beginning of the second paragraph says,

2 ". . . I cannot help thinking of the numerous rumors

3 and innuendos currently swirling throughout our

4 organization." Are you aware of any rumors and

5 innuendos swirling through CCSDPD on or about August

6 4th, 2011?

7 MR. PARK: And objection, form. Go

8 ahead.

9 A. I can't -- okay.

10 You're going to ask me what kind of

11 rumors, who said what. I don't recall who said

12 what. It's like being in high school.

13 BY MR. COOK:

14 Q. I'm -- I'm asking you to answer the

15 question I already asked --


17 Q. -- not what you think my next one might

18 be.


20 Q. All right. And you're not aware of any

21 fairy tales or perceived fairy tales streaming

22 throughout the organization either?

23 A. No, 'cause I ignore them. I'm on my own.

24 No. I don't even know what a fairy tale is besides

25 a story.




2 identification.)

3 MR. COOK: I'm one short. You got it a

4 dozen times.

5 BY MR. COOK:

6 Q. This is 9. Exhibit 9 is an October 31st,

7 2011 memo from Detective Thomas Rainey to Acting

8 Chief Jim Ketsaa. If you'll take a look at this,

9 the last two paragraphs talks about Glaviano saying

10 he worked with a guy who knew a detective working a

11 case with Metro and that Clark County School

12 District Officer Mark Robbins was being looked at

13 for lying in his interview about drinking with kids

14 because Penny Higgins had pictures of him doing so.

15 "The last part of the conversation, Glaviano said

16 that Arroyo had contacted Robbins via phone to ask

17 what he had said to the Detectives and he could tell

18 him because he was not going to return to" the

19 department.

20 Do you recall either of those events

21 happening?

22 A. No. Please check Glaviano's record,

23 phone records.

24 Q. Did there come a time when you spoke to

25 Metro --



1 A. Yes.

2 Q. -- with regard to a conversation

3 involving either Angela's death or any action CCSD

4 had involving Angela's death or the Wamsley party?

5 A. Yes, sir.

6 Q. When was that?

7 A. Don't remember the date.

8 Q. Do you remember if it was before or after

9 the newscast accusing you of being involved in

10 Angela's death or a cover-up of Angela's death?

11 A. After.

12 Q. Who did you speak to?

13 A. I don't remember their names. Metro.

14 Q. How many times have you been interviewed

15 by Metro as either a witness or potential witness to

16 a crime?

17 A. A lot.

18 Q. How many times involved your personal

19 involvement in a crime or allegations of the same?

20 A. Nothing.

21 Q. Other than this occasion?

22 A. Yes.

23 Q. Okay. But you cannot remember either

24 officer's name; is that correct?

25 MR. PARK: Objection, form, asked and



1 answered.

2 A. Four years ago, no, sir.

3 BY MR. COOK:

4 Q. Well, they didn't interview you four

5 years ago. You just said it was after the news

6 story; correct?

7 A. Okay. I don't remember their names.

8 Q. All right. And it was about two years

9 ago or less because it was after the news story;

10 correct?

11 A. I was working at Von Tobel with Sergeant

12 Burgess. He wasn't around, so whatever date, time

13 that was is the best I can give you. I don't

14 remember.

15 Q. Did you have to go to a meeting in

16 person?

17 A. Yeah. They came -- two Metro officers

18 undercover came to my office, and my attorney was

19 there and --

20 Q. How long before the meeting did you know

21 about the meeting?

22 A. A week.

23 Q. Who was your attorney?

24 A. Oh, I forgot his name. Rick McCann.

25 Q. Is Rick McCann an attorney?



1 A. Nope.

2 Q. Okay. So who was your attorney?

3 A. Rick McCann.

4 MR. PARK: That's what he meant to

5 clarify.

6 A. That's all we can afford at CCSD.

7 MR. COOK: Let -- let him answer.

8 BY MR. COOK:

9 Q. Say that again, sir.

10 A. Rick McCann's our attorney at CCSD. I

11 know he's not an attorney. I don't know. But

12 that's who was representing me.

13 Q. Okay. So you didn't have an attorney

14 with you, but you had Rick McCann with you; is that

15 correct?

16 A. Yes, sir.

17 Q. All right. How long did the interview

18 take place?

19 A. 20 minutes.

20 Q. Did they conclude the interview or did

21 you leave before they concluded it?

22 A. My attorney told me to stop talking and I

23 left.

24 Q. You didn't have an attorney. You had

25 Rick McCann; correct?



1 A. Yes, sir.

2 Q. Okay. Did the meeting end when Metro was

3 completed or did you end it before then?

4 A. I didn't end it. I would have kept

5 talking. The person that was supposably my attorney

6 looked at me and said -- and looked at the police

7 officers, "This interview's over." I'm going to

8 listen to him because that's who the department

9 assigned me to represent me. I'm not going to

10 listen to anybody else but the person sitting right

11 there, and he said, "This is done," and he talked to

12 the detectives outside and said, "We're done."

13 Q. What were the questions pending that led

14 him to end the interview?

15 A. Oh, I don't even remember that either. I

16 just remember him mid sentence stopping me and

17 looking at the police officers and saying, "I need

18 to talk to you outside." I really don't remember.

19 It happened just that quick. It was just like he

20 spit it out. The attorney said, "He's not -- my

21 client's not answering that question. Can I talk to

22 you, please, outside?"

23 They talked. They came back in. Rick

24 McCann said, "It's over," and the Metro police said,

25 "Okay, I think we got what we need here," and then



1 they left.

2 Q. And you don't recall what you were

3 answering even generally?

4 A. Yeah, "Were you at the party? Did you

5 give anybody alcohol? What do you know about this

6 case so far? Who were you with?" Basic general

7 questions.

8 Q. And you don't recall -- well, let me ask

9 you this: Did you answer all of those questions

10 before you got to the question that you stopped in

11 the middle of?

12 A. Yeah, went on for a good 20 minutes.

13 Q. But do you recall the topic of the

14 question pending when the interview --

15 A. No.

16 Q. -- stopped?

17 Okay. I under- --

18 A. That was --

19 Q. I understand you said you didn't recall

20 it specifically. You don't recall it even

21 generally; is that correct?

22 A. He knew where I was going because I was

23 building up to something, and he stopped it.

24 Q. Where were you going?

25 A. I don't remember. He stopped me mid



1 sentence.

2 Q. How did he know where you were going?

3 A. I don't know. I guess he's good at his

4 job. He knows me. I've been working with him for

5 since I started at the department. I know he's our

6 attorney or he represents us.

7 Q. What other items has he represented you

8 in?

9 A. Somebody made a false complaint about me,

10 that I was speeding, and it was proven wrong. That

11 was another person.

12 Q. I thought you said that was when you were

13 with Boulder City. Did it happen both?

14 MR. PARK: I --

15 A. I didn't say that about Boulder City.

16 BY MR. COOK:

17 Q. The complaint wasn't while you were at

18 Boulder City, the -- the speeding but it wasn't you?

19 A. Which one? The -- no. The complaint was

20 CCSD.

21 Q. Okay. So you -- while you were at

22 Boulder City, you didn't have a complaint for

23 speeding that turned out not to be you?

24 A. No.

25 Q. Okay. All right. So he represented you



1 with regard to that speeding complaint, and anything

2 else?

3 A. That's it. I've never been written up.

4 My record's perfect.

5 Q. Did you talk to anyone else about the

6 events of either the party, Angela's death or any

7 allegations of cover-up besides the people you've

8 talked to me about in the depo so far?

9 A. No.

10 Q. Did you ever get a written request from

11 Ketsaa to check and see if you had any documents

12 related to the party or this case?

13 A. No, sir.

14 Q. Did you ever check to see if you had any

15 documents related to the party or this case?

16 MR. PARK: Are you okay?

17 THE WITNESS: (Nodding head.)

18 MR. PARK: Okay.

19 A. No, sir, never asked.

20 BY MR. COOK:

21 Q. I understand you were never asked. Do

22 you have any documents in your possession that

23 you're aware of related to the party, maybe a flier

24 somewhere at home or any notes you took down from

25 any conversation regarding this party or Angela's



1 death?

2 A. No.

3 MR. PARK: Give these back to him so he

4 has them.


6 identification.)

7 MR. PARK: Right there, look at that one.

8 BY MR. COOK:

9 Q. Something funny?

10 A. (Shaking head.)

11 Q. Mr. Robbins, is something funny?

12 A. That my Facebook's taken out of context,

13 but we'll talk about it.

14 MR. PARK: The same thing.

15 BY MR. COOK:

16 Q. Do you recall when you posted this?

17 A. I don't recall exactly. I know it was

18 with friends last year, maybe the year before.

19 Q. What did you think NRS 283.143 meant?

20 A. Nothing. Doesn't even exist as far as I

21 know. I looked it up. There was nothing there. I

22 looked it up on purpose.

23 Q. So what was the purpose in this post?

24 A. We have a close group of friends. We

25 were in California. We were having a great time,



1 and it all started back when we took a first trip,

2 our friends, to the lake out at Pahrump. We had

3 such a good time there, we all decided that, "Hey,

4 we're having such a good time, it should be

5 illegal." And then I said, "Oh, they should have an

6 NRS to keep us all apart 'cause we're having such a

7 good time."

8 And then it turned into a -- if you look

9 283.143, I don't know what you're going to find,

10 probably a blank page, but I made it up as a joke

11 'cause we were having so much fun. We planned

12 another trip and we went to Newport Beach with the

13 same people. We had more fun, made up NRS.

14 Q. So it's coincidental that this is a

15 section from reporting statutes?

16 A. This is a section from what? Repeat.

17 Q. Reporting statutes, obligations on things

18 to report. You didn't know that?

19 A. I'm sorry. Obligations to report what?

20 Q. On reporting statutes. The section

21 Chapter 283, were you aware what Chapter 283 is for?

22 A. 2 -- 283.143?

23 Q. Chapter 283.

24 A. I wasn't aware of the chapter, but

25 there's no 183, so 283 doesn't count. If there's no



1 subsection 180 -- 143, there's no law.

2 We were having a good time. It was a

3 bunch of friends. Somebody got ahold of my Facebook

4 page again and did all this.

5 Q. You're not saying somebody else put this

6 post up --

7 A. No.

8 Q. -- are you? All right.

9 A. Somebody got into this -- and I have a

10 very good idea who it was -- and started handing it

11 around. I explained this. It was a joke. 283.143

12 doesn't exist.

13 Q. Did you know this section covers public

14 officers and employees?

15 A. Yeah, 'cause we're all public officers

16 and employees.

17 Q. All right.

18 A. But 143 doesn't exist.

19 Q. You keep saying that over and over. You

20 understand I'm not asking you that question when you

21 keep saying it; right?

22 MR. PARK: Just, yeah, listen to his

23 questions.

24 A. Yes, sir.

25 \\\



1 BY MR. COOK:

2 Q. All right. Was it also coincidental that

3 this was posted shortly after the judge initially

4 dismissed part of the complaint against you?


6 A. Hundred percent.

7 BY MR. COOK:

8 Q. Just --

9 A. Yes.

10 Q. -- random happenstance?


12 A. Went on vacation, had a good time.

13 Hundred percent having fun.

14 BY MR. COOK:

15 Q. And it is just your whacky sense of humor

16 that you put up a Facebook post saying that you

17 fucked a statute that involves --

18 A. Did you just say "fuck a statute"? I

19 didn't say "fuck a statute," sir.

20 Q. You said "fornicated multiple times";

21 correct?

22 MR. PARK: Objection, form,

23 argumentative. Go ahead.

24 A. It's not a real law. It was a joke. I

25 did say "fornicated." Fine. But basic bottom line



1 is no disrespect to anybody.

2 BY MR. COOK:

3 Q. And this was all just -- the timing of

4 this in relation to the dismissal was completely

5 coincidental and this was just your --

6 MR. PARK: Asked and answered.

7 BY MR. COOK:

8 Q. -- random sense of humor; is that

9 correct?

10 MR. PARK: Asked and answered.

11 A. Sure, yes.

12 BY MR. COOK:

13 Q. You're Facebook friends with Brian

14 Nebeker?

15 A. Not anymore.

16 Q. When you had Facebook?

17 A. Uh-huh.

18 THE REPORTER: Yes?

19 THE WITNESS: Yes, sir.

20 BY MR. COOK:

21 Q. All right. Anyone else on the

22 department?

23 A. Not that I can recall off the top of my

24 head.

25 Q. I'm sorry?



1 A. Not that I can recall off the top of my

2 head.

3 Q. All right.

4 A. When I had it.


6 identification.)

7 BY MR. COOK:

8 Q. Is that your picture with the two middle

9 fingers up?

10 A. Yes.

11 Q. This was the old Facebook account?

12 A. Yes.

13 Q. This is the one you shut down in January

14 of 2011?


16 BY MR. COOK:

17 Q. I gave you the wrong date. Let me -- let

18 me ask that again.

19 This is the one you testified you shut

20 down January of 2013; correct?

21 A. Yeah. No, I shut this one down, made

22 another one with my name different so I wouldn't get

23 harassed by people who -- I changed my name

24 backwards and shut that down. This was my original

25 one.



1 Q. When did you shut this one down?

2 A. I don't remember. It was a while ago. I

3 don't even remember half the stuff, half the

4 pictures on there. I don't even know what the top

5 is. I don't even know what that is. I don't even

6 remember that. Anyhow.

7 MR. PARK: Give that back to him.

8 You doing all right?


10 BY MR. COOK:

11 Q. Do you have any information about the

12 Wamsley party that you think is important that we

13 have not discussed?

14 THE WITNESS: Can I speak freely?

15 MR. PARK: Please.

16 THE WITNESS: Just from me and -- just

17 from me and wanting to be a police officer all my

18 life, I would never put myself into jeopardy like

19 that. As far as Mr. or Officer Morales putting

20 himself in jeopardy like that, as long as he's been

21 a police officer, as long as I worked for him, he's

22 my first sergeant, he's not that type of man. If it

23 was, he would surprise me.

24 I am straight A by the book. You ask

25 anybody by the department. I carry the book with



1 me. I wanted this since I was a little kid. I

2 finally got what I wanted.

3 A holiday party with some dispatchers, a

4 private party that had nothing to do with the

5 District, just some dispatchers and two cops that

6 happened to be friends with some of the dispatchers,

7 we showed up to a holiday party. We had our dinner.

8 We had a few adult beverages. We left.

9 I'm sorry. I gotta -- and I'm not just

10 doing this to do this, but I'm an honest man. I'm a

11 Christian, been working hard for what I got all my

12 life. These people at this party, as far as

13 Morales, my wife, everything -- the fingers are --

14 I'm sorry. I'm -- this is -- I -- I know I've lost

15 sleep over this since it started. It has completely

16 ruined my reputation out in the street over

17 something I have never done. I would never

18 jeopardize my retirement -- I'm so close -- for

19 something so stupid.

20 I deeply apologize to your family, and

21 I'm not just saying that. I really do. I'm a

22 police officer. My standards are stellar.

23 If for a second I saw a kid with that

24 beer -- a beer bottle in his hand, I would have

25 taken it out of his hand, smashed it on the ground,



1 grabbed him by the collar, walked him up to Wamsley

2 and said, "I don't know what the hell's going on

3 here, but no."

4 And, I mean, believe me or not, I've

5 worked hard for 14 years to get to where I am, and

6 if anybody thinks for a second I'm going to throw

7 that hard work away and disappoint my parents back

8 East and my grandfather, who is right there getting

9 ready to die and who's following all of this, I'm

10 smarter than that. I'm college educated. I worked

11 hard to get where I was.

12 I had nothing to do with that. I did not

13 know kids were drinking, and I'm sorry. And if I

14 did, I would have grabbed Morales. I would have

15 grabbed the post -- party host, and I would have put

16 a stop to all of it. I'm sorry. I would have. I

17 didn't know anybody was drinking besides adults.

18 BY MR. COOK:

19 Q. Why would you have grabbed Morales?

20 A. 'Cause he's a police officer too. "Come

21 here for a second. I need your help. There's kids

22 drinking. Let's put a stop to this crap. Let's

23 bring it to the attention of the homeowner and fix

24 it."

25 I'm not throwing all this, my career,



1 away for -- for something like this.

2 Q. And you said you lost sleep over this.

3 What did you lose sleep over?

4 A. All these allegations, defamation of

5 character, working with these people that will give

6 me looks before they know all the facts, like, "He's

7 a scumbag. Stay away from him."

8 I've lost friends over this that I've had

9 for a long time. You know, Mike Thomas, good

10 friend. It's just I don't know what happened, where

11 it went wrong.

12 If I would have seen it, I would have

13 stopped it. I'm not giving my badge up for

14 something, for anything. I'll -- you know, and if I

15 did do wrong, if it -- if for some reason

16 hypothetically I did do wrong, I'd hand in my badge

17 'cause I can't live like that.

18 That's all I got to say.

19 Q. Anything about the allegations of a

20 cover-up that you haven't talked about today that

21 you think are important?

22 A. I have never, never, ever -- and this has

23 been brought up before -- had even knew there was a

24 cover-up until after the whole cover-up thing

25 started coming out. I work in the northeast. I



1 stay away from the main station. I do my job.

2 I never heard anything about a cover-up

3 until it came on the news.

4 Q. So you don't have any information one way

5 or the other about a cover-up because you stay away.

6 Is that your testimony?

7 A. Yes.

8 Q. Now, with you telling me that, "As -- as

9 a cop and I'm a cop 24/7 and if I would have seen

10 the drinking I would have stopped it and I would

11 have got Morales to help me stop it," at any point

12 since you found out about the accident have you

13 approached Wamsley and said, "Hey, you know you

14 can't have kids drinking at your house. You

15 shouldn't have before. You better not again,"

16 anything like that?

17 A. After everything, the mess that occurred

18 and everything that happened, Wamsley, as much as I

19 knew her, this much, I distanced myself from

20 everybody 'cause I didn't have anything to do with

21 it. I didn't want to get wrapped up in it. I had

22 nothing to do with it.

23 Q. Okay.

24 A. So I was letting the dispatchers handle

25 it.



1 Q. But that's not what I asked you, though.

2 A. Okay.

3 Q. Did you -- did you go up to her and say

4 anything in form or substance like I asked you?

5 A. No.

6 Q. All right.

7 MR. COOK: All right. I don't have

8 anything else.

9 MR. PARK: I don't have anything.

10 MS. GODFREY: I just have -- I just have

11 to ask a couple follow-up questions that we may not

12 have covered.

13 EXAMINATION

14 BY MS. GODFREY:

15 Q. I'm counsel for Clark County School

16 District, Arroyo, Nebeker, Ketsaa, Quintanilla, and

17 I just wanted to know. Maybe we'll go through each

18 of these people quickly.

19 Did you ever have a conversation with

20 Chief Arroyo and tell him you were at this party?

21 A. No.

22 Q. Did you ever have any conversations where

23 he mentioned keeping quiet or cover-up or anything

24 of that nature?

25 A. Nope. No.



1 Q. Did you ever have any conversations with

2 Brian Nebeker in that regard?

3 A. No.

4 Q. Did you have any questions -- or

5 conversations with Johnson in that regard?

6 A. No.

7 Q. Did you ever have any conversations with

8 Quintanilla about the party after?

9 A. No.

10 Q. Did they ever approach you and ask you

11 any questions about the party?

12 A. No, ma'am.

13 Q. I just want to clarify. Counsel asked

14 you if you knew anything about the allegations of a

15 cover-up, and your response was you never knew there

16 was a cover-up until it came out in the news.

17 A. Alleged, yeah.

18 Q. Alleged. Okay. That's -- my

19 clarification is: You don't -- do you have any

20 understanding that there was an actual cover-up as

21 you sit here today?

22 A. Absolutely not, and I still don't believe

23 it, no.

24 Q. Okay. So no one has ever approached you

25 to say, "Don't tell anyone anything"?



1 A. No.

2 Q. "Don't tell Metro anything"?

3 A. No.

4 MS. GODFREY: Okay. I have no further

5 questions.

6 MR. KELLER: I have no questions.

7 MR. PARK: I got nothing.

8 MR. COOK: All right. Thank you.

9 THE VIDEOGRAPHER: This ends the

10 deposition. The time is 2:38 p.m., and we are off

11 the record.

12 (Deposition recessed at 2:38

13 p.m.)

14

15

16

17

18

19

20

21

22

23

24

25



1 CERTIFICATE OF WITNESS

2 PAGE LINE CHANGE REASON

3 ____________________________________________________

4 ____________________________________________________

5 ____________________________________________________

6 ____________________________________________________

7 ____________________________________________________

8 ____________________________________________________

9 ____________________________________________________

10 ____________________________________________________

11 ____________________________________________________

12 ____________________________________________________

13 ____________________________________________________

14 ____________________________________________________

15 ____________________________________________________

16 ____________________________________________________

17 ____________________________________________________

18 ____________________________________________________

19 * * * * *

20 I, MARK ROBBINS, witness herein, do hereby certify and declare under penalty of perjury the

21 within and foregoing transcription to be my deposition in said action; that I have read,

22 corrected and do hereby affix my signature to said deposition.

23

24 _________________________________ __________ MARK ROBBINS

25 Witness Date



1 REPORTER'S CERTIFICATE

2 STATE OF NEVADA )

3 ) ss COUNTY OF CLARK )

4

5 I, William C. LaBorde, a duly certified court reporter licensed in and for the State of Nevada, do

6 hereby certify:

7 That I reported the taking of the deposition of the witness, MARK ROBBINS, at the time and place

8 aforesaid;

9 That prior to being examined, the witness was by me duly sworn to testify to the truth, the whole

10 truth, and nothing but the truth;

11 That I thereafter transcribed my shorthand notes into typewriting and that the typewritten

12 transcript of said deposition is a complete, true and accurate record of testimony provided by the

13 witness at said time to the best of my ability.

14 I further certify (1) that I am not a relative, employee or independent contractor of

15 counsel of any of the parties; nor a relative, employee or independent contractor of the parties

16 involved in said action; nor a person financially interested in the action; nor do I have any other

17 relationship with any of the parties or with counsel of any of the parties involved in the action that

18 may reasonably cause my impartiality to be questioned; and (2) that transcript review pursuant

19 to FRCP 30(e) was requested.

20 IN WITNESS WHEREOF, I have hereunto set my hand in the County of Clark, State of Nevada, this

21 6th day of September 2013.

22

23 _____________________________________ William C. LaBorde, CCR 673, RPR, CRR

24

25

WORD INDEX

< ' >' 65:12

< 0 >0 107:13000057 3:2105 19:13 27:20, 20,20, 24 107:13

< 1 >1 3:11 6:16, 18 204:141:48 159:2010 3:19, 22 14:10 148:19 189:510:01 48:1610:11 48:1910:44 76:910:51 76:1611 3:23 194:511:52 131:112:07 131:912:43 159:1413 7:5 91:5131 3:1214 17:7 19:9 43:7 63:1 91:5 100:17 128:21 197:5143 191:1, 1815 117:17 150:3150 38:1115-year-old 42:716 14:6 15:1, 25 16:14, 19 43:7 146:21173 3:12176 56:15 58:24178 3:1918 112:3180 191:1181 3:19183 190:25189 3:2219 112:3194 3:231st 80:12, 14, 19 81:14, 14

< 2 >2 3:12 72:17, 22 190:22 204:182:00 134:122:11-cv-01919-LRH-PAL 1:4 4:122:38 202:10, 1220 106:10 112:19 184:19 186:12200 3:5 10:22000 19:3 21:22002 19:142005 19:2, 22006 106:3, 152009 35:2, 7 36:17,24 44:9, 18 106:19,19 107:25 108:9,12 109:4, 5, 15 142:142010 3:12 66:21 107:2, 8 108:2 142:16 174:252011 3:19, 19 59:2,16 161:19 178:20 179:1, 6 180:6 181:7 194:142013 1:18 4:5 23:24 25:15, 18 28:7 32:9, 15 79:9 82:19, 22 106:6 194:20 204:2120-minute 54:821 96:22 112:321-year-old 42:724 91:13 199:925 112:19283 190:21, 21, 23,25283.143 189:19 190:9, 22 191:1129th 35:2, 7 36:17,24 107:23 108:12 109:5, 14

< 3 >3 3:12 19:14 76:13 83:9, 103:00 134:12

30 204:1930-second 54:830th 107:2431 3:1931st 181:6325 14:1035 20:7 24:18 170:173773 2:93993 2:143rd 107:8 142:16

< 4 >4 1:18 3:12, 19 85:1740 25:22400 2:94th 4:5 178:19 179:1, 6 180:6

< 5 >5 3:12, 12 27:24 87:8 148:20517 1:21 2:4 4:45th 74:15, 19 75:18, 18, 21 76:1 174:25

< 6 >6 3:4, 11, 12 131:5600 2:14, 19673 1:24 204:236th 204:21

< 7 >7 3:12 20:9 21:2 91:13 173:6 199:9701 2:1972 3:1276 3:127689 1:257-Eleven 91:247-Up 91:24

< 8 >8 3:19 21:2 167:7 178:2, 16, 1885 3:1287 3:1289101 2:4, 20

89169 2:10, 15

< 9 >9 3:19 27:20, 24 181:1, 6, 69:08 1:20 4:59:39 34:159:45 34:1990 17:8 148:1896 20:6, 8 21:2, 297 20:998 20:1299 20:12, 14 21:2 114:13

< A >a.m 1:20 4:5 34:16, 19 48:16, 19 76:9, 16 131:1ability 204:13able 31:6 34:9 59:25 67:25 100:9, 19absence 13:15absent 82:24Absolutely 24:20 30:21 63:7 67:10 71:12 80:6 92:9 110:5 142:6, 7 201:22academy 22:15 23:4accepted 20:11accident 14:12 15:19 32:20 33:10, 14 42:21 100:20 101:1, 7 102:11, 21 103:1, 6,21 104:6 133:21 142:15 144:19, 23 199:12account 70:19 71:8, 11 72:9, 23 73:1 74:1, 12 161:1 194:11accurate 204:12accused 155:24accusing 182:9acquaintances 138:5Acting 181:7



action 24:3 90:2 182:3 203:21 204:16, 16, 17active 22:22 174:14activities 72:2actual 201:20add 132:25additional 61:16 112:20address 88:10administer 4:17adult 99:12 130:14 133:6 196:8adults 96:19 97:7,15 111:20, 24 120:14 121:17, 17 129:19 150:6 157:19 197:17advice 13:7, 8affect 11:25 12:2 18:7affix 203:22afford 184:6aforesaid 204:8AFTERNOON 159:17again, 199:15age 42:5, 24 96:21,23 128:23agency, 175:19, 25ages 42:14 109:18ago 7:5 19:10 20:7 32:21, 22 33:10, 21 40:3 44:6 57:7 63:17 66:14, 21 69:21, 24 72:7 78:25 80:15,16 84:3 86:24 89:20 102:3 138:10, 12 139:2 141:21 142:21 143:5 147:5 149:20 158:13, 23 162:24 165:3 169:2, 21 174:18 176:20 183:2, 5, 9 195:2agree 5:22

agreement 5:13Ah 160:8ahead 15:9 25:23 28:8 29:19 36:20 37:7, 8, 16 40:21 42:11 44:22 45:6 48:7 50:13 56:16,18 60:8 62:4 84:25 92:16 95:1 100:13 101:3 108:13 110:18 122:20, 25 134:7 136:17, 17 137:7 146:11 147:11 151:14 152:11 153:1 163:8 165:2 173:14 179:8 180:8 192:5, 23 194:15ahold 81:11 191:3aim 38:20aired 164:22 165:6, 21, 23 166:1,17al 1:10 4:10alcohol 99:14 100:20 101:9, 14 102:10, 25 103:20 120:17 121:16, 20 122:15 125:20 126:2 131:12, 16 133:3, 6 134:24 135:24 136:15, 18,18, 25 140:6 141:2 142:3 145:13, 23 151:4, 9, 23 152:3,20 153:12 155:8 157:9, 17 170:18 186:5allegations 38:20 55:15 162:17, 22 170:15, 16, 18, 19 171:5, 7, 21 182:19 188:7 198:4, 19 201:14Alleged 201:17, 18allowed 61:7, 9 86:21 129:25Alvarado 2:17ANGELA 1:6 4:8 55:23 101:8

134:5 138:8 142:2 153:13 169:23Angela's 35:17 107:17 133:8 138:20 139:25 140:25 143:3, 9 156:6, 25 161:6 162:1, 10 163:1, 3,6, 16 169:15 177:5 182:3, 4, 10, 10 188:6, 25Angels 88:13anonymous 24:10 158:16 167:10, 12answer 8:6, 19 9:1, 5, 10, 16 10:23 24:5 28:11, 12 37:8, 18 38:8, 9, 10 42:12 44:23 45:1,3, 6, 7 46:18 59:5,22 60:8, 12, 19 63:14 66:1 68:10,11, 13 69:2 74:8 78:1 81:7 83:22 85:1, 2, 3 87:24 89:14 95:1 101:13 107:20 108:20 112:24, 25 124:7 143:25 144:1 147:9 151:3 163:18, 20 164:14 165:11, 16 166:5, 8 177:12, 15 180:14 184:7 186:9answered 25:9, 19 36:8 63:14 69:10 84:14, 24 102:12 183:1 193:6, 10answering 14:23 185:21 186:3answers 9:4 14:19Anthony 46:10 47:4 83:16 84:2,21anticipate 5:10anybody 84:16 89:1 104:12, 14 111:23 121:7 131:12, 15, 20, 21

133:2, 3 136:21 142:15 146:22 156:24 157:3, 22,25 160:6 171:6, 24 172:19 185:10 186:5 193:1 195:25 197:6, 17anybody's 155:14anymore 27:11 80:24 83:1 138:1 193:15anyway 122:11apart 190:6apologize 144:3 196:20Apparently 136:18APPEARANCES 2:1application 25:10applies 5:10approach 172:12,14 201:10approached 151:8 199:13 201:24approximate 66:17 169:10approximately 19:1 27:25 53:21 54:6 86:18 106:17 169:13 175:15Approximation 117:16April 26:19, 20, 22 27:3 28:3 29:4 75:19, 20 79:5, 8,12 96:7area 23:17 48:8 69:24 111:6 112:7 117:15 121:19argumentative 192:23Armando 2:7 113:19 115:22 129:11 154:15, 18arms 80:8 87:17 88:9arose 89:2arrest 23:18 71:24

arrested 89:25arrests 23:17 50:4arrive 97:25arrived 115:24Arroyo 2:6 4:22 50:20, 22 51:1, 3, 4,11, 16 52:3 53:5,10, 21 54:23 55:21 56:1 60:6 132:16,17 173:18 174:6 176:10 181:16 200:16, 20Arroyo's 57:13 58:14, 24 177:6asked 14:1 29:3 42:5, 23 46:17 50:6 56:1, 9, 20 58:11 59:8 60:18 67:5 68:25 74:8 84:19, 24 86:20 103:14 108:23 123:2, 17 132:6 134:15 140:3, 5 142:13 147:9 148:5, 17 151:16 155:12 164:9, 13 167:21 169:16 180:15 182:25 188:19, 21 193:6,10 200:1, 4 201:13asking 8:14 29:15 37:21 48:21 58:4 123:5 148:22 149:1, 1, 12 164:3 165:13 171:19, 20 180:14 191:20asks 24:6 147:11 165:17asleep 133:13, 13 136:8aspect 104:19, 21asshole 152:4assigned 185:9assume 8:20 143:14, 17assuming 51:21 108:3ate 111:1 117:2 120:1 127:22 129:8

atmosphere 138:7,14attachments 167:9attention 44:11, 19 111:14, 18 126:12 127:17 129:1, 18 133:7 138:23 172:21 197:23attorney 56:5 59:13, 14 60:2, 22,23 61:8 167:19 183:18, 23, 25 184:2, 10, 11, 13, 22,24 185:5, 20 187:6attorneys 59:24August 3:19 76:2 96:4, 7 178:19 179:1, 5 180:5Avenue 2:19awake 17:5aware 7:21 27:15 48:23 49:2 91:9 170:19 179:5 180:4, 20 188:23 190:21, 24

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CHRISTOPHER 2:18circle 130:4circles 126:17circulating 179:5circumstances 118:1 143:2City 7:11 18:14,16, 25 19:6 22:6 187:13, 15, 18, 22civil 7:10, 12, 14clam 113:13clarification 201:19clarify 184:5 201:13Clark 2:6 4:21 22:5 27:18 39:11 89:11 181:11 200:15 204:3, 20clean 8:11 81:1, 4clear 14:18 15:23 18:12 57:24 164:15clearance 13:16cleared 13:13 81:24click 80:9 167:8,22, 24, 24 168:5client 5:18, 24client's 185:21cliques 66:7close 43:18 44:11,20 71:11 82:7, 7 98:7 189:24 196:18closed 72:25close-knit 44:16 46:2 47:16closer 108:6closest 84:11club 85:9 86:9, 10,13 88:2, 6, 9, 17Coast 64:4cocktails 121:1, 3coincidental 190:14 192:2 193:5Coke 35:3, 8 121:16collar 89:23 91:1

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< Q >qualms 92:5question 8:13, 19,20, 25 14:1, 21 21:20 24:6 25:19 28:11 29:8 36:4 37:19, 23 45:9 51:25 60:12 63:12, 15 68:12, 13 74:8 80:17 84:19 95:1 100:22 101:3, 24 102:9 107:20 108:20, 23 111:8 123:6 131:19 136:10 147:7, 14 165:11,14, 16 167:21 176:3 180:15 185:21 186:10, 14 191:20questioned 204:18questions 8:4, 5 10:6 30:6 56:2 123:3 124:7 140:13, 17 141:9 142:3, 13 174:5 185:13 186:7, 9 191:23 200:11 201:4, 11 202:5, 6quick 34:13 92:14 107:4 159:12 185:19quickly 200:18quiet 200:23quietly 64:13Quinta 117:4Quintanilla 2:7 4:23 114:3, 8, 12,

13 115:23, 23 116:1, 9 117:3, 4 132:1 154:18 200:16 201:8Quintanilla's 116:11 154:15quite 67:20 127:24quote 115:18 120:24

< R >radio 174:15Rainey 3:19 181:7raised 146:25 162:20ran 90:24 140:13random 140:23 192:10 193:8range 102:24reaching 128:15react 79:13reaction 152:15reactivate 77:13read 44:25 45:10 56:14, 16, 17, 20 60:5, 10, 10, 12 85:13 147:7, 13, 22 166:10, 25 167:1 168:1, 5 176:6, 8 178:11 203:21read, 58:15reading 167:5 174:18ready 24:17, 20, 22 25:3, 4, 10, 20 26:1 118:23 197:9re-air 165:21real 100:1 159:12 192:24realized 66:5really 23:23 33:8,17 40:12 43:21 50:16 65:22 66:3 67:18 91:4 97:10 103:12 113:6, 9, 10 114:19 120:8 134:18 135:8, 9, 12 145:16 150:9 151:5 152:20 165:13 176:1, 15



185:18 196:21re-ask 8:17reason 38:19 48:23 63:5 66:6 67:8 198:15 203:2reasonably 204:18reasons 67:11Rebecca 98:13 109:16, 18 111:4,17 112:19 129:3 140:5Rebecca's 143:9recall 32:23 51:7,9 56:19 61:18, 18,20 76:2, 2, 3 86:18,21 93:12 94:2, 9 99:11, 15 100:4 101:20 113:15 120:18 131:24, 25 132:9, 13, 16, 21 133:2 141:6, 21, 25 143:4, 5, 7 154:14,18, 23 157:1 161:15, 24 162:7,16, 23, 25 163:4, 14 164:18, 20 170:3 173:17 174:24 177:4 179:17, 22 180:11 181:20 186:2, 8, 13, 19, 20 189:16, 17 193:23 194:1recalled 61:17receiving 173:17 174:24Recess 34:17 48:17 76:12 131:7 159:15recessed 202:12recollection 19:15 20:25 21:12 28:2 29:23 31:15 53:23 55:7 70:2 117:2 142:20, 25 143:1 161:7, 10 175:23record 6:25 9:5 34:15, 19 45:10 48:15, 19 64:22 76:11, 16 131:4, 9 147:12 152:8

159:11, 13, 20 181:22 202:11 204:12recorded 8:7 166:18records 82:23 181:23record's 188:4red 121:11, 14referred 151:19refrigerator 128:20regard 5:9 104:19,21 138:20 171:2 182:2 188:1 201:2, 5regarding 52:23 59:13 60:22 132:9 156:24 161:5, 25 162:8 175:2 188:25regular 30:8, 10 43:20regularly 174:12RELATED 1:12 4:10 188:12, 15, 23relation 163:6, 14 167:25 193:4relationship 47:19 48:3 103:11 108:19 204:17relationships 82:2relative 204:14, 15relaxer 18:6relaxers 15:18, 22relaxing 154:6released 28:23remember 7:8 15:16, 17 20:19 27:5, 7 28:20, 21 32:3, 4 43:17, 18,21, 22, 23 45:17 50:16, 17, 18, 19 51:21 52:11 53:13 58:5, 21 60:25 61:1, 13 62:12, 15 66:17 69:7, 11, 12, 14, 20,22, 22 96:14 97:9,10, 13, 16, 25 98:13,20, 20 102:2, 3, 3, 4,14, 17, 19 106:12,

21 107:21, 21 108:23 109:13 110:19, 21 111:7,15, 16, 19, 25 112:21 116:2 117:11 119:22 121:15, 22 122:22 124:11 125:24 128:15 129:8 134:11, 11, 13, 13 138:12 140:20 141:13, 13 142:7 143:20 144:18 147:3, 6 157:2 162:15 163:25 164:1, 2 166:14 167:4 169:19, 24 170:1, 2 171:23 172:19 175:23 180:16, 19 182:7, 8,13, 23 183:7, 14 185:15, 16, 18 186:25 195:2, 3, 6remembering 27:24remembers 142:21reminders 175:1reopen 78:15, 16repeat 21:19 37:23 45:8 101:21 123:3, 6 190:16Rephrase 54:18report 153:11 168:16 190:18, 19Reported 1:24 204:7reporter 4:14, 17 16:2 45:11 94:15 147:13 166:10 178:16 193:18 204:5REPORTER'S 204:1Reporting 4:14 190:15, 17, 20reports 42:15, 18,19, 20 50:3represent 56:5 59:14 60:22 126:17 161:18 185:9

represented 187:7,25representing 61:8 184:12represents 187:6reputation 196:16request 21:18 154:15 188:10requested 204:19resolved 30:16resources 28:21respected 177:24responded 140:6response 59:4, 10 201:15responsibilities 91:10responsibility 89:8responsible 71:22 179:20responsive 69:5rest 16:8 26:25 34:12 117:22 119:10résumé 21:13, 14retirement 196:18return 64:12, 13 181:18review 8:9 57:4 204:18reviewed 5:17 7:25 57:1, 8, 10, 13reviewing 58:7Rick 183:24, 25 184:3, 10, 14, 25 185:23rid 78:19 81:15 95:23, 25ride 33:23 34:7, 9 87:5rides 76:4ridiculous 12:24 13:3 136:6riding 32:24 34:1 75:18 88:7right 5:16 6:15 7:3, 15 8:17, 23 9:21 10:1, 6, 18, 23 11:18 12:1, 10, 11,18 14:11 15:23 17:16, 17, 22 18:2

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< S >

safe 53:24, 25safety 23:14sat 35:2, 8 98:15,16, 23 114:25 124:23, 23 128:2saw 36:22 58:5, 7,9 65:7 93:16, 21,21, 24 105:2 109:22 110:2, 17 115:25, 25 125:1 129:15, 18 130:19 134:2 163:9 167:11, 18, 19 168:3, 4 196:23saying 24:10 25:2 37:21 39:7 40:24 50:10 53:6, 23 62:6, 10, 13 66:3 73:25 78:14 98:14 102:1 141:7 148:16 149:7 151:8 152:17 154:18 159:6 164:2 181:9 185:17 191:5, 19, 21 192:16 196:21says 35:1, 6, 11, 15,21 36:5, 9, 22 37:3,25 40:18 73:21 74:14 75:11 80:19 154:21 178:21 180:1scared 168:12scarring 12:17schedule 30:8, 10scheduled 61:22School 2:6 4:22 18:22 20:1, 2, 11 23:9 26:7, 10 27:10, 16, 19 28:1,2, 23 29:5, 11, 13,24 30:3, 8, 10, 15,20 39:11 42:6, 13 48:2 50:1 59:2 82:22 89:11 91:5,11 97:1 176:11 180:12 181:11 200:15schools 23:21

scientist 81:13screw 123:1scumbag 198:7search 77:2second 40:13 47:21 61:15, 19 62:2 68:9 125:13 151:10 159:11 180:1 196:23 197:6, 21seconds 79:20 100:14, 15section 190:15, 16,20 191:13security 87:18see 11:1 31:5, 24 37:9 48:11 65:5,17, 22 66:3 71:25,25 72:2 73:21 74:14 75:11 80:4 82:24 88:14 89:10 90:7, 7 93:13, 20, 23 102:6 105:18 110:1, 15 111:21 118:16 121:7 128:1 129:1 131:12, 15,20, 21, 22 133:6 150:4, 5 157:21, 23 167:23, 24 168:2, 8 174:1 175:6 177:22 188:11, 14seeing 94:2 109:13 111:7, 17,25 112:21 118:5 133:3 135:4 174:2seen 39:17 41:17 48:1 118:5 174:19, 20, 23 179:2, 4 198:12 199:9selling 34:8seminar 78:24sense 8:22 34:23 79:11 109:12 192:15 193:8sentence 175:11 185:16 187:1sentenced 161:16 162:14sentences 175:11



sentencing 162:2, 3,11, 13 163:15separate 59:24 146:22separated 95:9 177:20, 21September 1:18 4:5 96:5, 5, 6, 8 204:21Sergeant 13:4 24:15 25:18, 23, 24 47:23, 25 48:1 87:17 88:9 113:16 115:21 127:15 172:2, 3, 9 183:11 195:22sergeants 24:19series 56:2serious 11:13 64:21, 21, 23, 23seriously 24:13server 170:7service 170:3, 5Services 4:15Serving 22:21 128:5, 6 133:5SESSION 159:17 176:19set 5:15 33:17 112:7 120:17 204:20setting 33:4, 13settle 164:6settled 81:24sexuality 123:15shaking 10:25 40:23 153:7 189:10sharing 171:18, 19Shawn 47:2, 4, 5shift 38:25 65:20shirt 90:25shit 102:5shocker 162:20shoots 33:16shoplifters 90:12shoptalk 115:4 124:24short 13:20 108:3,7 147:5 172:8

181:3shorthand 204:11shortly 52:13 140:16 192:3short-term 73:14 97:12 109:2 123:2, 3shot 77:6shoulder 87:13show 34:6 65:2,20 67:6 73:17 121:21 167:9showed 7:20 93:20 98:5 112:20 132:5 196:7shown 167:14shunned 151:10, 24shut 72:7 79:21 113:5 147:1 160:18 194:13, 19,21, 24 195:1sic 7:13 32:11 63:24 70:1sick 12:20, 23 13:10, 23 25:11, 15 26:12, 24 28:15 30:18, 24 32:14 82:15, 18 83:2 158:10, 11, 13 160:11, 12 163:10,11 168:11sickness 16:7 68:17side 38:24 139:9sides 38:17signature 203:22signed 5:9, 13significantly 162:5Silvestri 2:18similar 170:12simple 105:21 174:25single 80:23 140:20 175:10sir 8:16 10:8 11:25 14:24 16:13 42:10 48:21 53:9, 12 55:16, 19 69:20 71:10 72:12

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somebody 41:8 43:9 66:7 68:6 71:24 103:13 111:13 114:18 128:25 133:22 134:10 135:10 137:8 138:23 143:8 149:25 160:8 164:21 187:9 191:3, 5, 9sorry 6:3 20:13 22:6 26:9 27:17 28:9, 14 35:24 44:4 51:15 58:15 59:6 60:17 61:1,14, 20 69:12 70:8,24 71:2 72:11 75:3, 8, 10 76:3, 7 79:16 94:20 95:24 101:3 107:22 109:2 111:25 114:1 120:16 122:13, 17 123:13 127:6 131:14 133:10 135:2 141:22 142:22 143:5 147:6 151:13 153:16, 17 156:17 161:14 162:10 163:19 174:23 178:1, 10, 15 190:19 193:25 196:9, 14 197:13,16sound 11:9 106:16 161:19Sounds 66:25 106:17 135:10 161:22South 1:21 2:4 4:4spare 88:16speak 43:3 67:18 86:4 127:16 142:22, 24 156:5 182:12 195:14Specialist 2:23 16:24specific 133:1, 3 142:7 145:17



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stopped 90:11, 12,15 118:7 168:11 186:10, 16, 23, 25 198:13 199:10stopping 91:23 185:16store 89:21 90:18,18, 19stories 103:4 168:9, 21, 24story 40:17 63:10,13, 16 66:24 93:19 148:14 164:20, 22,25 165:6, 20 166:24 167:4, 25 168:7, 17, 20, 23 169:14, 16 171:21 180:25 183:6, 9straddling 121:23straight 62:12 99:4 195:24streaming 178:22 180:21Street 1:21 2:4 4:4 22:16 23:1 43:9 113:11 196:16strike 27:17 51:1 59:7 71:5 135:22 161:3Strossin 13:17stubborn 26:23stuck 31:2students 23:15Studies 75:11study 57:5 75:14stuff 15:2 17:5 23:19 37:22 38:13, 15 49:18 50:7 64:6 68:2 72:3 82:2, 2 87:6 88:16 91:25 96:1 97:12 98:21 101:16 104:8, 9, 11 115:2 135:12 156:2, 3 172:21, 23 195:3stupid 88:22 151:13 196:19Stuuupid 87:15, 23

style 174:22subpoena 170:8, 8subsection 191:1subsequent 54:23 55:1 168:9substance 200:4suffering 10:9suggest 17:14suitable 11:5Suite 2:9, 14, 19summer 19:4 27:16 29:14 34:2summons 170:12Sunday 75:25 138:8Sundays 138:9sunglasses 6:2superior 70:5, 7, 9,10 153:11superiors 70:4supervisor 154:21supervisors 154:15supposably 185:5suppose 109:11supposed 71:18 91:19 101:13 120:7 136:20 148:9 175:2sure 10:19 13:10 28:22 30:9 41:19 42:24 51:23 54:22 67:4, 19 75:2 79:19 82:11 87:14 93:9 99:11 110:8 114:11 125:14 126:16 130:16 131:16 132:23 135:13 138:17 141:11, 11,18 142:6, 7 144:20,22, 25, 25 156:11 158:23 159:4 161:13 193:11surgery 14:13, 13surprise 109:10 195:23surprised 142:8, 12suspended 171:1swelling 33:6swinging 143:19swirling 180:3, 5

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< T >table 15:12 35:11 36:23 97:16 98:15, 16 100:5 117:9, 10 121:20 125:20 126:10, 11 128:2 129:8 131:15 133:3 157:18tables 112:7 115:19 120:23 124:25 125:15, 16tailbone 14:16 32:18tailgate 43:11 45:16Take 6:2 12:18 13:14 16:25 18:21 24:13 25:25 26:25 27:10 34:13 35:22 36:6 48:13 49:25 61:21 62:2 72:1 75:23 79:18 81:13 90:2 92:14 100:19 116:16, 20 121:25 122:3 130:25 131:2 144:25 156:22 159:11 160:21 175:5 178:6, 10 181:8 184:18Taken 1:18 7:4 14:8 18:11 31:7 34:17 48:17 71:17 76:12 86:5,19 131:7 159:15 189:12 196:25takes 63:14 113:8tale 180:24tales 179:13 180:21, 21talk 8:24 54:10,10, 12 56:9 61:7, 9 68:8 77:13 78:4,7, 16 105:3, 5 114:21 127:11, 13 132:23 141:12, 19

144:14 145:3 146:23 154:22, 22 159:11 171:13, 24 185:18, 21 188:5 189:13talkative 40:17talked 38:22 40:10 50:3, 4, 5 51:19, 21, 23 52:4,15 58:4, 25 60:18 61:20, 24 115:1, 12,13 124:2 129:9 132:22 133:4 148:18 157:3 176:18 177:23 185:11, 23 188:8 198:20talking 27:13 30:9 31:8 49:12, 17 50:19 51:1 61:11 62:18 91:5 100:23 101:19 109:9 115:4, 7, 7,12 121:18 122:14 124:24 127:18 128:3, 3, 22 132:9 136:11 140:25 149:4 154:15 156:10 166:7 175:7 176:10, 21 177:16 178:25 179:3 184:22 185:5talks 181:9tangent 133:11tape 76:6, 10, 16 130:23 131:3, 9tapping 150:13taught 120:10, 12teammate 125:7, 8teenager 100:8, 10 109:17teenagers 90:17 91:3 109:13 110:22 111:5 112:20telephone 38:12 53:21 146:18 149:4, 7telephonic 51:17

tell 8:18 15:15 38:5 42:7 43:6 46:8 58:20 74:24 78:5, 8, 11 84:16 88:17 97:24 100:9 105:9 109:17 122:20, 25 126:9 133:20 134:3 135:20 146:18 149:8 150:17 156:18, 21 157:25 166:8 181:17 200:20 201:25 202:2telling 65:6 102:4 125:22 132:16 148:7, 14 149:9 152:14 164:21 165:15 175:18 199:8tells 149:5ten 79:20 175:25tend 64:23 103:4 113:13 146:25tends 152:24tense 90:22terminated 51:4,17 52:3, 7, 14 53:22 67:14 68:19 171:1termination 51:8 52:23 54:11, 24 55:9, 22terms 5:12, 23test 24:15 25:17 79:15testified 6:22 9:22 36:15 39:19 62:7 115:22 116:8 142:9 160:18 194:19testify 204:9testimonies 116:1testimony 10:12 15:3, 24 34:25 42:10 55:8, 13 56:14 60:4, 5 69:18 76:19 84:12, 20 116:11 142:17 152:12

159:24 199:6 204:12testing 106:2, 5, 5text 66:13Thank 6:1 21:18 46:25 60:2, 3 176:4 202:8thanks 129:13theory 157:25thing 18:7 25:13 28:16 30:9 31:3 32:12 49:14, 19 78:18 79:11 80:24 89:5 104:2 105:4 116:3 119:16 133:12 136:7 137:3, 4 146:4 176:23 178:5 189:14 198:24things 8:12 11:6 23:19 25:12 33:1 34:24 38:13, 20 39:9 82:16 87:7 88:5 90:11, 12 114:17 119:14 123:14 129:4, 19 143:17, 18 146:24 148:12 152:16 154:11 167:23 172:25 173:3 174:15 177:25 190:17think 8:11 18:4,23 21:4 24:22, 23 26:9, 20, 24 29:22 30:12, 16 31:13 33:20 43:24 49:18 52:11 55:2 57:20 60:9 66:16 75:21 78:12 86:20, 21 93:21, 21,24 94:13, 24 96:18 97:18, 18 98:5, 6, 7 99:21 102:12 107:9, 19 108:18 113:24, 25 114:2,24 115:10, 10, 11,18 118:22 119:22 120:24 124:12 126:10 129:11, 25



132:2, 4, 17 135:6 136:10 138:25 147:21 149:11 163:4 166:3 167:16 172:18 173:24 174:18 179:11 180:17 185:25 189:19 195:12 198:21thinking 34:8 180:2thinks 197:6third 61:19 151:12 178:20Thomas 57:16 63:3 66:12 155:16 158:20 181:7 198:9Thomas's 58:14thou 19:3thought 25:8 26:23, 24 27:20 40:16 49:4, 5 54:15, 17 58:16 73:2, 12 81:8, 10 110:14 113:18, 18 119:7 120:6 125:1 129:2, 3 130:13 136:5 155:18 174:6, 21 187:12thousand 19:3three 11:7, 14 20:16 33:11, 21 47:17 52:9 53:20,24 54:3, 21 56:25 66:21 86:24 96:8 106:4 125:15, 15,17, 18 131:10 136:7, 8 137:12, 14 139:5, 6 150:5 164:6 168:19 169:2, 21 175:12 177:4throw 26:11 197:6throwed 82:25throwing 26:11 197:25thumbs 77:1till 8:25 9:15 13:15 19:2 31:5

63:19 85:8 89:24 96:3 116:10Tim 32:5time 4:5 8:24 17:8 18:6, 8 19:7 20:3, 7 25:22 26:4 32:21, 22 33:14, 18 39:16 40:2, 3, 12 41:4, 23 42:19 43:16 51:14, 23 53:1 54:12 57:7, 23 60:9 61:22 63:17,19 64:1 66:17 68:18 69:21 70:18 76:9 79:17 80:16 81:1 86:1 88:16 89:18, 20 92:23, 24, 25 93:3,24 96:14 98:6, 9,10 99:6 100:18 103:19 104:3 117:14, 22 118:12 119:10, 18 131:1 133:12, 16 134:2 135:6 137:2 138:23 139:2, 6, 24 140:24 143:6 144:9 145:2, 3 146:20 150:1, 9 153:10 155:1, 5 160:21 161:11, 12,13 162:7, 15, 17 163:2, 22 164:7, 10 165:3 166:7 167:11, 12 168:3 170:25 173:18 174:2 177:17 178:6, 8, 10 181:24 183:12 189:25 190:3, 4, 7 191:2 192:12 198:9 202:10 204:7, 13times 10:2 30:24 39:20, 22, 24 40:19 54:21 58:25 67:6,21, 24 71:17 83:2 90:11 175:25 181:4 182:14, 18 192:20timing 193:3

Tina 2:10 4:25 37:5 40:1, 3, 4, 18 41:4 43:19, 20 99:22Tina's 40:10 41:1,2, 17, 25 42:1Tobel 50:1 183:11today 5:18 10:11 13:23 57:2 59:17 60:4 63:24 73:8 76:21, 25 84:12, 21 145:8 198:20 201:21told 12:23 13:2,23 28:24 30:23 35:15, 21, 25 36:5,10 41:16 49:7 61:7 62:7, 8 65:17 69:3, 6, 7, 14,19 90:21 93:5 111:13 115:22 122:21, 23 133:24 134:8, 8 139:4, 18 146:5, 16 147:18 149:10 150:17, 24 151:18, 20 152:2 157:15 160:13 171:21, 23 176:6 177:18 184:22top 14:5 21:12 47:17 57:9, 12, 14 66:15 69:17 107:22 110:19, 25 111:14 123:15 124:4 132:24 193:23 194:1 195:4topic 52:17 132:14 141:17 186:13topics 52:10toss 116:4total 54:12 79:20touch 66:2towed 22:25towel 26:11 82:25town 38:24track 64:22traffic 23:14 42:15tragedies 135:5

tragedy 103:13 107:22 133:17 136:4 144:23 145:22 156:9, 17train 81:10trainer 39:6training 23:11 71:15 72:5transcribed 204:11transcript 8:8, 11 204:12, 18transcription 203:21transcripts 7:25Traurig 2:8travels 68:22 153:24treated 67:17treats 32:4tremor 18:1triangles 125:2tricky 111:8tried 13:14 15:1 30:23 65:25, 25 81:1trip 190:1, 12Troche 31:16, 19,21T-r-o-c-h-e 31:17trouble 64:11, 12 71:15, 21 78:18, 24 87:20 88:23, 24 89:1 176:25 177:3truck 44:5 136:19 149:24, 25true 36:3, 8, 12 60:6 65:4 103:2 148:14 154:12 171:8, 22 172:8 204:12trust 47:17 64:2truth 88:1 125:22 148:21 156:20 204:9, 10, 10truthful 150:24try 24:15 28:25 54:19 87:20 88:16 116:7trying 8:18 12:12,13 14:25 15:3 17:4 26:9 29:1, 2,

12 55:2 58:1, 12 62:15 65:9, 11 66:2 69:23 80:2 81:9 87:19 97:13 101:6 107:19 108:18 117:6 119:17 163:4, 22 172:18turn 88:22 156:21turned 33:24 118:18 137:5 157:10 160:20 187:23 190:8turns 32:13TV 149:24twice 34:4two 11:7, 7, 9, 14 14:8, 14 16:4 18:18 19:2, 3, 10,11 20:6, 12, 25 22:19 28:18 31:11 33:21 38:17 51:18 54:3,20 61:7 66:14 73:11 76:17 77:2 80:15 98:8 99:12 100:11, 14, 15 103:18 125:17 128:22 130:9 131:4 139:5 143:18 144:19 150:5 152:4 158:8 177:5, 9 181:9 183:8, 17 194:8 196:5type 105:15 176:21 195:22types 16:4typewriting 204:11typewritten 204:11Typically 27:15typing 77:1

Uh-huh 47:22 91:17 154:13 155:23 193:17Uh-uh 104:24ulcer 16:5ULREY 2:20 4:13

ultimate 15:8unattended 157:18unaware 74:6uncomfortable 113:6uncontrollable 11:1underage 110:4, 9 145:12 150:4undercover 183:18understand 8:14 11:21 15:7 29:15 33:25 40:22 50:10 69:5 104:19 117:6 120:8 139:12 140:9, 9, 15 141:8 145:9 186:19 188:21 191:20understanding 5:17 32:9 48:22 91:18 170:14 201:20understands 5:24understood 8:20unhappy 67:17UNITED 1:1 4:11University 21:24unjust 67:17UNLV 43:13, 18 44:6, 6, 18untrue 153:5upper 67:21 68:15upset 134:14upsetting 168:14use 16:8 34:12 91:25useless 28:19usual 115:1Usually 88:17 90:17 118:9

< V >vacation 27:16 29:14 83:2 192:12Vagos 88:13vague 49:17Vegas 1:22 2:4,10, 15, 20 4:4 18:17 22:23verbally 24:4, 9

verify 60:2versed 12:6version 146:19, 20 148:8 166:18, 19,20, 20, 23versions 146:21vertigo 32:12, 16Video 2:23 8:7 34:19VIDEOGRAPHER 4:2, 13 34:15, 18 48:15, 18 76:5, 9,15 77:7, 9 131:1, 3,8 159:13, 19 202:9videos 166:25Videotape 1:19 7:25 159:20videotaped 4:3Vince 37:12, 20Vincent 39:3vindictive 67:15violence 7:13violent 91:24voice 66:1vomiting 17:5 32:14Von 50:1 183:11vs 1:8

< W >wait 8:25 9:7, 15 88:3 89:1 138:10waited 40:7waiting 11:6walk 88:18 133:6 156:21 172:21, 23walked 18:20 96:16, 18 118:3, 10,18 124:22, 22 128:13, 13 129:12,12, 22 197:1walking 89:20 90:19 104:15 115:14 150:4 171:18wall 120:25 124:18Wamsley 35:1, 7 36:10, 16, 24 37:5 92:21, 24 98:2 100:21 101:9

103:21 107:11 111:4 112:19 129:3 140:5 162:1, 9 182:4 195:12 197:1 199:13, 18Wamsleys 109:14Wamsley's 98:3 102:25 109:16 111:17want 5:4, 6 6:4, 6,9, 10, 11 10:13 13:25 24:25, 25 25:24 26:1 28:18 45:1 57:5, 7, 24 58:8 60:12, 13 62:2 63:10, 12 64:16 65:22 66:3 68:16 72:20 74:3 75:1 78:2, 8, 9 82:9, 13 85:1 86:7 88:23 89:6 90:4 94:14, 23 97:22 99:1 101:24 110:21 111:20 114:15 116:16, 18, 19, 20 119:13 122:10, 12,20 123:21, 21 124:7 125:5, 14 132:23 139:8, 8, 13 140:21 145:10 149:14, 15, 18, 19 154:1 159:1, 8 160:7 164:15 166:4 171:13 172:18 199:21 201:13wanted 23:5 34:23 59:22 61:11 65:17 83:6 98:25 134:16 196:1, 2 200:17wanting 151:6 195:17wants 29:22 30:8 58:4 66:16 67:5 68:15 107:9, 10Ward 7:2warmed 113:8warned 24:4, 9



warrants 22:22, 22,22 155:4watch 94:4, 6 164:24 165:20, 21 166:16, 17, 23 168:16 176:12watched 166:25 168:21, 22, 23, 25 169:3watching 131:12,15 164:1 167:5 169:5water 96:24 97:7 118:8 120:6, 8waters 106:2, 5way 5:8 7:17 20:4 38:10 41:9 53:19 58:16 67:13, 14 73:22 76:24 83:24 91:22 128:8, 17 162:1 199:4ways 106:7weapon 91:21 92:4wear 88:4wearing 88:14Web 168:3wedding 83:14 107:4Wednesday 1:18weed 148:19weeded 153:3Week 3:18, 19 61:23 101:14 102:22, 23, 24 103:18 111:22 139:1 143:17 144:23, 25 145:8,20 148:4 149:19 150:11, 23 151:17 152:13 153:2 173:18, 20 174:8,14, 17 175:7 178:19, 21 179:18,21, 23 183:22week, 146:15 147:16weeks 11:9 12:19 14:14 33:21, 22 103:18 137:12, 14

143:18 168:19 169:2, 17, 21well 5:23 8:5, 7 9:6 12:6 19:12 23:17 25:14 28:4 31:14 33:15 44:13 46:2 51:12 52:17 61:3 65:7 66:21 71:3, 22 77:1 81:23 82:10 85:10 96:5 98:23 106:14, 24 115:21 124:10 129:10 138:22 141:18 143:6 144:17 146:4 158:11 159:7 162:16 163:21 166:12 170:10 176:22 179:11 183:4 186:8went 16:24 21:11,25 27:2 31:5 40:1 48:10 62:16 64:15 66:1 67:14 94:9 97:17 105:19, 20 117:18,24 119:1, 4 127:22 128:5, 6, 19 129:4,6, 7, 9 137:12 138:15 154:21 158:18 186:12 190:12 192:12 198:11wenting 7:13We're 12:13 30:9 54:24 61:6 76:10 88:17, 24 91:5 92:9 96:4, 5, 6 115:3 116:5 130:21, 22 131:4 136:8, 8 139:5 140:19 141:19 158:25 185:12 190:4, 6 191:15We've 5:8 8:12 34:24 71:15 95:7 108:19 140:19whacky 192:15when's 33:13, 18

Where'd 68:21 69:3 99:3 101:25WHEREOF 204:20Whew 19:9why'd 81:4, 4Why's 37:17wife 33:20 37:5 39:19 40:4, 15 41:4 42:23 44:15,17, 21 66:13 78:16 79:17, 24 80:1 81:11 86:15 92:23 93:2 94:11,12, 12 95:5, 6 98:10 114:7, 8 124:23 129:23 133:19 140:20, 24 148:13 150:25 156:7, 8 157:7, 15 160:20, 23 171:9 196:13wife's 44:5 57:4,10 58:13 63:24 64:9wig 85:23 88:5wildfire 104:14William 1:24 4:14 204:5, 23willing 122:6wish 111:13WITNESS 3:2, 12 5:2 6:3 7:14 9:12, 19 14:24 15:10, 17 17:25 19:17 21:19 24:7 28:9, 12 29:25 30:3, 11, 14 34:12 37:17, 20 45:1, 4, 8 46:6, 10 57:20, 23 58:6, 22 62:1, 3 63:20, 23 68:8, 14 71:3 77:12 78:9,13 83:8, 11, 22 85:1, 4, 19 87:10,24 88:1 89:14, 16 92:13, 15, 18 93:23 94:16, 20, 24 96:11 107:12 112:14, 17 116:18, 22 122:22 123:1 126:6 139:20, 22 149:14

159:3, 5, 8 160:15 164:11, 16 165:18 173:15 176:6 177:12, 16 178:5, 8,12 179:13 182:15,15 188:17 193:19 195:9, 14, 16 203:1,20, 25 204:7, 9, 13,20witnesses 91:14woke 103:8woken 134:15word 40:9 68:22 138:18 143:14 153:24words 52:24work 8:11 12:22 13:14 22:4 28:17,18 29:24 31:2, 5,13 33:20 38:24 46:15 47:6 66:2 67:12 83:1 96:25 97:7 105:3 111:22 115:1, 5 119:18 127:14, 16,18 130:15 135:4 138:7, 8, 9, 9, 14, 22 139:24 143:3, 8, 10,12, 19 146:21, 23,23 147:1, 23 148:4 151:8 154:7 156:24 157:6 165:25 171:14 172:20 173:1 177:19, 19 197:7 198:25worked 26:4 27:4 38:16 46:16 48:25 125:4 181:10 195:21 197:5, 10working 30:18 38:25, 25 63:16 82:21 152:25 158:24 175:19 181:10 183:11 187:4 196:11 198:5workplace 173:2works 156:13

175:24worried 171:4worse 27:1Wow 107:18 144:24wrapped 70:6, 14,15 199:21write 24:2 122:9 126:21writing 174:22written 72:23 188:3, 10wrong 20:13 24:12 31:2 36:1 70:17, 17 136:5 137:6, 8 144:8 152:23 171:3 187:10 194:17 198:11, 15, 16wrote 31:12, 12

< Y >yeah 5:3 10:19 17:24 19:2 20:14 21:9 30:11, 12 31:10, 23 32:21 33:11 44:2, 10 45:24 47:4, 5 49:20, 23 51:21 52:1 55:12 57:22 58:3 61:13 62:1 63:22 65:2, 19 66:23 68:14 71:4 72:5 73:24 74:10,21 75:23 78:11 79:1 80:1 82:20 91:12 92:18 93:7 96:11, 17 99:19, 21 106:17 107:1 108:7 110:2, 2 114:4, 6 118:15 119:12 120:1, 2, 2,4, 15, 21 121:8, 13 123:24 124:9 127:24 128:14 132:4, 5 134:1 137:15, 16 138:22 140:2 141:11, 11 142:12 146:12 150:15, 24 156:1,15 158:2 162:14,

19 163:2, 9 164:9 168:4, 14, 18 169:17 170:23 172:4 173:22 174:20 176:5, 23 177:8, 10, 23 183:17 186:4, 12 191:15, 22 194:21 195:9 201:17year 20:8 22:15 26:18 48:2 66:19 72:6 78:25 79:2,4 84:22 106:15 108:4, 6 127:20, 20 152:22 155:6 158:8, 14 161:19 163:1, 3 169:11, 12,14 175:17, 20 176:11, 19 189:18,18yearly 175:10years 7:5 18:14,17, 18 19:9, 10, 11 20:6, 12, 16, 25 22:3, 12, 15, 19 23:22 25:6 27:21 28:1 32:23 33:9 42:6 44:6 63:1 66:14, 21 80:15 86:24 95:18 100:14, 17 102:2 106:4 128:21, 22 138:10, 12 141:21 142:21 143:4 147:5 158:4, 9, 13,23 163:25 170:17 183:2, 5, 8 197:5yelling 64:10Yep 34:14 48:14 87:16 89:5 124:5 130:24yes, 42:24yesterday 72:24 73:6 75:9York 18:15, 16 19:19Young 35:22 36:2,6 91:4 99:7 132:10 136:19 145:22

younger 24:19

< Z >Zack 46:24Zeddies 36:15Zuniga 2:10 4:25 37:5 40:18 109:25Zuniga's 40:1

WORD LIST

< ' >' (1)

< 0 >0 (1)000057 (1)05 (6)

< 1 >1 (4)1:48 (1)10 (5)10:01 (1)10:11 (1)10:44 (1)10:51 (1)11 (2)11:52 (1)12:07 (1)12:43 (1)13 (2)131 (1)14 (8)143 (2)15 (2)150 (1)15-year-old (1)16 (7)173 (1)176 (2)178 (1)18 (1)180 (1)181 (1)183 (1)189 (1)19 (1)194 (1)1st (5)

< 2 >2 (5)2:00 (1)2:11-cv-01919-LRH-PAL (2)2:38 (2)20 (4)200 (2)

2000 (2)2002 (1)2005 (2)2006 (2)2009 (15)2010 (7)2011 (11)2013 (14)20-minute (1)21 (2)21-year-old (1)24 (2)25 (1)283 (4)283.143 (4)29th (8)

< 3 >3 (5)3:00 (1)30 (1)30-second (1)30th (1)31 (1)31st (1)325 (1)35 (3)3773 (1)3993 (1)3rd (2)

< 4 >4 (4)40 (1)400 (1)4th (5)

< 5 >5 (5)517 (3)5th (7)

< 6 >6 (4)600 (2)673 (2)6th (1)

< 7 >7 (6)

701 (1)72 (1)76 (1)7689 (1)7-Eleven (1)7-Up (1)

< 8 >8 (6)85 (1)87 (1)89101 (2)89169 (2)

< 9 >9 (6)9:08 (2)9:39 (1)9:45 (1)90 (2)96 (4)97 (1)98 (1)99 (4)

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Basically (7)bathroom (1)beach (3)BECKY (2)bed (5)beer (36)before-going-to-school (1)began (3)beginning (10)begins (4)behalf (3)belief (1)believe (26)belongs (1)bench (4)benches (1)best (38)better (4)beverage (1)beverages (2)big (12)bigger (1)bikes (1)birthday (5)bit (10)blah-blah-blah (4)blank (1)blocks (1)blood (2)blue (1)bluff (1)blunt (1)book (3)booze (14)bored (4)boring (1)boss (10)bottle (3)bottles (8)bottom (5)Boulder (11)Boulevard (1)bound (1)Boy (5)boyfriend (1)BP (1)brace (2)brass (1)break (10)

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< C >calendar (4)California (3)call (28)called (11)calling (2)calls (4)calm (1)camera (3)cancer (3)cans (1)car (7)care (13)career (6)carry (2)carrying (1)cars (1)cart (2)Case (25)cases (1)catch (2)cause (61)caused (2)causes (1)CCR (2)CCSD (19)

CCSD000172 (1)CCSDPD (2)CCSD's (1)CCSN's (1)CDs (2)cell (1)certain (3)CERTIFICATE (2)Certified (2)certify (3)chairs (1)change (10)changed (6)changes (2)changing (1)Channel (1)chapter (5)character (3)charge (2)charity (1)Chary (1)chatter (6)chatting (1)check (8)Chief (10)childish (1)children (3)Chin (3)Chinese (1)chitter-chatter (5)choice (1)choose (1)chose (1)chosen (1)Chris (4)Christian (2)Christina (1)Christmas (11)CHRISTOPHER (1)circle (1)circles (1)circulating (1)circumstances (2)City (10)civil (3)clam (1)clarification (1)clarify (2)

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< D >daddy (1)daily (1)Dan (1)Danezotes (1)dark (1)date (26)dated (1)dates (2)dating (21)daughter (7)daughters (1)day (47)days (4)de (1)deal (6)dealing (2)death (34)

deceased (2)December (1)decided (4)deciding (1)decipher (1)decision (1)declare (1)deem (1)deep (2)deeply (1)defamation (2)defend (1)defendant (2)Defendants (7)defiled (1)definitely (2)definition (1)degree (4)delete (3)deleted (2)department (35)department's (1)Depending (1)depends (2)depleted (1)depo (4)depos (1)DEPOSITION (23)depositions (4)depressing (1)depth (4)Dere (1)describing (1)DESCRIPTION (1)destroyed (1)detail (7)detail, (1)details (41)details, (4)Detective (2)Detectives (2)detriment (4)diagnosed (1)diagnosis (3)die (1)died (4)difference (2)different (17)differently (1)

diffusing (1)dig (1)digital (4)dining (4)dinner (22)dinnertime (4)directly (1)dis (1)disappeared (1)disappoint (1)disciplinary (1)disciplines (1)disclose (4)discussed (4)discussion (1)discussions (1)disgruntled (1)disgust (1)disk (4)dismissal (1)dismissed (1)dispatch (13)dispatcher (5)dispatchers (7)displeasure (1)disrespect (1)disrespectful (1)distanced (1)distinguish (1)DISTRICT (17)distrust (1)ditched (2)division (1)dizziness (2)dizzy (1)doctor (5)doctors (3)document (2)documents (4)doing (34)domestic (1)done, (1)door (21)dozen (1)Dr (4)dragged (1)drank (2)draw (4)Drawing (2)drew (2)

drink (8)drinker (2)drinking (13)drinks (1)drive (1)driveway (5)driving (1)drop (1)dropping (1)drove (2)drunk (8)due (2)DUI (9)duly (3)duties (6)duty (8)

< E >ear (1)earlier (2)early (4)earn (1)easiest (1)East (2)eat (2)eating (2)Edinboro (1)educated (1)education (1)effect (1)efficient (1)eight (4)either (19)elementary (1)else's (5)E-mail (3)embarrass (1)embarrassing (2)embarrassment (1)Empire (3)employee (4)employees (3)employment (1)EMT (1)ended (5)ends (4)energy (1)enforcement (7)enforcing (1)engaged (14)

engagement (2)enjoy (1)enjoying (1)ensuring (1)entitled (1)environment (1)Eric (1)Erie (3)Erin (2)especially (4)ESQ (4)Estimate (6)Estimates (1)et (2)ethic (1)evaluate (1)evening (1)event (2)events (3)eventually (1)Everybody (15)everybody's (1)exact (12)exactly (13)exaggerate (1)Examination (4)examined (2)Example (1)exception (1)excited (1)excuse (3)executing (1)exhibit (22)exist (3)expect (1)expected (1)experience (1)explain (3)explained (1)extent (4)extreme (1)extremely (1)ex-wife (1)eye (1)eyebrow (1)eyebrows (1)eyes (2)

< F >face (3)

Facebook (54)Facebook's (1)facing (5)fact (6)Facts (6)factual (4)fair (3)Fairy (4)fairytales (2)Fall (2)false (1)familiar (1)Family (10)far (28)fast (2)fat (1)fatal (1)February (17)federal (1)feed (1)feeding (1)feel (5)feeling (5)fell (2)felt (2)female (1)fiancée (1)field (2)fight (2)figure (10)figured (4)figure's (1)filed (4)Filiberto (1)filled (2)Finally (4)financially (1)find (7)finds (1)fine (17)fingers (3)finish (10)finished (3)fire (2)fired (1)fireman (1)firemen (1)first (83)FirstClass (1)Five (8)

fix (1)flier (9)fliers (4)flipping (2)floating (2)floor (1)flow (2)FMLA (4)focused (1)follow (3)followed (2)following (3)follows (1)follow-up (2)food (3)fool (1)foregoing (1)forever (2)forget (2)forgot (7)form (31)form, (1)format (2)former (1)fornicated (2)forth (1)forward (3)found (8)foundation (10)four (22)Fourteen (1)fourth (1)foyer (1)fractured (1)frame (4)FRANCIS (4)frankly (1)frantic (1)fraternize (2)frazzled (1)FRCP (1)free (2)freely (2)fresh (3)fresher (1)freshly (1)fridge (9)friend (7)friends (43)friends, (1)

friendship (1)front (9)fuck (2)fucked (1)full (42)fun (7)functional (1)functions (2)funny (2)further (3)future (1)

< G >gaba (1)Gabapentin (3)Gamboa (9)game (9)games (2)gar (1)garage (22)gastrointestinal (1)general (9)generally (5)George (6)getting (22)girl (1)girlfriend (7)girlfriend-and-boyfriend (1)girls (1)gist (1)give (24)given (1)giving (5)glass (1)Glaviano (7)Glaviano's (1)go (99)God (2)God, (1)GODFREY (7)goes (6)going (110)good (25)good-bye (2)goofball (1)gosh (2)gossip (1)gossiper (1)Gotcha (2)

gotta (1)gotten (3)grab (3)grabbed (9)grades (2)graduate (3)graduated (3)grandfather (1)grate (1)Great (4)greater (1)green (1)Greenberg (1)Gregory (4)grocery (2)Grouchy (2)ground (2)group (10)guess (18)guesses (1)guessing (1)guy (8)guys (3)guy's (1)

< H >half (22)Half-hour (6)halfway (4)hallway (2)hand (7)handed (7)handful (2)handing (1)handle (4)hands (3)hang (7)hanging (3)happen (6)happened (17)happening (9)happens (1)happenstance (1)happy (1)harass (1)harassed (2)harassment (1)hard (12)hate (3)hazard, (1)

head (19)headache (1)heads-up (2)health (3)healthy (1)hear (29)heard (39)hearing (8)hearsay (5)heavy (1)heck (2)held (4)Hells (1)hell's (1)help (4)Here, (2)hereunto (1)herniated (5)Hey (19)Hey, (1)hi (2)Higgins (10)Higgins' (1)high (2)higher (1)higher-ups (1)Highlight (6)Highlights (7)highway (1)Hilbert (7)hired (3)hit (2)h'm (1)hold (1)holiday (7)Holy (1)home (8)homeowner (1)homesteading (1)honest (3)honestly (6)hookah (1)hop (1)hope (1)horrible (9)Hospital (5)host (1)hour (9)hours (5)house (27)

houses (1)Howard (2)how'd (4)How's (1)Hughes (2)Human (2)humor (2)Hundred (2)hung (3)hurt (1)husband (2)husband-and-wife (1)Hydrocodone (4)hypothetically (1)

idea (12)identification (11)identified (2)identify (4)ignore (4)ignored (2)illegal (1)illegally (1)illness (2)imagine (1)impartiality (1)important (6)impounded (1)impression (1)inaccurate (1)incident (1)include (1)included (1)independent (2)indicate (1)individually (6)inexperienced (1)INFORMATION (15)informed (3)inhalers (1)initial (1)initially (1)initiation (2)innocent (1)innuendos (2)inside (21)inside, (1)

interact (1)interested (1)interesting (3)interrupt (2)interrupted (2)interrupting (1)interview (8)interviewed (2)interview's (1)intimidated (1)intoxicated (1)introduced (2)intuition (1)investigate (1)investigated (3)investigating (1)investigation (1)involved (11)involvement (7)involves (1)involving (2)Iron (1)irresponsible (1)I's (1)is, (1)issue (3)issues (3)it, (2)items (2)

< J >Jack (2)jail (2)January (18)jeopardize (2)jeopardizing (3)jeopardy (3)Jim (1)Job (36)jobs (2)Johnny (5)Johnson (3)join (2)joke (3)jokes (1)judge (1)July (7)jump (1)June (9)justice (3)

justifications (1)

< K >keep (20)keeping (3)keeps (2)Kelesis (1)KELLER (7)kept (3)Ketsaa (4)KEVIN (27)key (2)kicking (1)kid (5)kids (23)kids, (1)killed (9)kind (24)kitchen (5)kitty-corner (1)Knapp (2)knew (44)knit (2)know (263)knowledge (2)knows (3)Kram (2)Kurak (5)

< L >Label (1)labeled (1)LaBorde (4)laid (2)lake (1)language (1)lapse (1)laptop (1)Las (8)lasted (2)late (1)lately (1)later, (1)laters (1)law (9)laws (1)lawsuit (14)lay (2)laying (2)lead (2)

learn (5)learned (4)learning (1)Leave (17)leaving (4)led (4)left (47)Legal (1)LESLIE (2)lessons (1)lets (1)letter (2)letters (1)letting (1)level (1)Lewis (1)liar (1)licensed (1)lie (10)lies (1)Lieutenant (17)life (10)life, (1)liked (1)likes (1)Lincoln (2)LINDA (6)line (3)lines (4)liquid (1)liquor (6)list (9)listen (6)literally (1)litigation (1)little (23)live (3)living (6)LLP (2)local (1)long (45)longer (3)look (20)looked (22)looking (7)looks (3)loop (1)Loren (1)lose (3)Lost (5)

lot (23)love (5)lunch (1)Luncheon (1)lung (2)lungs (1)lying (23)

< M >Ma (1)ma'am (3)mad (4)mail (1)main (3)major (1)making (5)man (8)management (1)manager (2)map (2)MARC (2)March (7)Marc's (1)Marisa (9)Marisa's (1)marital (5)MARK (30)MARKED (15)married (14)math (1)Matt (2)matter (4)MATTERS (3)MATTHEW (1)McCann (6)McCann's (1)mean (56)means (1)meant (8)med (1)medical (8)medically (1)medication (11)medications (15)medicine (1)meds (8)meet (4)meeting (12)member (1)memo (1)

Memorandum (1)memory (17)men (1)mentioned (7)mess (5)met (15)Metro (13)Metropolitan (1)mid (2)mid-December (1)middle (6)midnight (2)Mike (6)miles (1)military (2)million (2)mind (10)mine (5)minor (7)minors (6)minute (3)minutes (11)MIRANDA (39)Miranda's (6)miscommunication (1)misconstrued (4)misdemeanors (1)miserable (2)misquote (1)missing (2)mistake (1)misunderstood (1)mixed (2)mixing (1)moment (2)moments (1)mom's (2)Monday (1)money (2)month (12)months (11)Morales (32)Morales's (4)morning (17)mother's (1)motorcycle (13)mouth (5)move (6)moved (6)

movement (1)moving (3)multiple (6)muscle (4)musician (1)

< N >Nah (3)naked (1)name (34)named (5)names (15)name's (2)nametag (1)nasty (1)nature (2)nausea (3)Navigator (1)Nebeker (5)necessarily (1)necessary (1)need (26)Negative (1)nerves (1)networking (1)NEVADA (11)never (35)New (5)newly (2)Newport (1)news (42)newscast (1)newscasts (1)newspaper (3)newsperson (1)nicely (1)nickname (3)night (9)nine (1)Ninth (3)Nodding (1)Nomads (1)nonsense (1)Nope (9)Normal (7)North (1)northeast (1)note (2)notes (4)noticed (1)

notices (1)November (12)NRS (3)NUMBER (13)numbers (1)numbing (1)numerical (1)numerous (8)

< O >Oasis (1)oath (2)object (6)Objection (43)obligations (2)observed (1)obvious (1)Obviously (6)occasion (1)occasions (1)occupational (1)occurred (2)October (3)off-duty (2)offensive (1)office (4)officer (25)officers (10)officer's (1)Oh (37)Okay (162)old (3)older (1)once (14)ones (5)on-line (7)oOo (2)open (10)opened (6)opens (2)opportunity (1)opposed (1)opposite (1)Order (10)ordered (2)organization (3)orientation (1)original (2)originally (2)ought (1)

outset (1)outside (14)over, (1)overhear (1)

P.A (1)p.m (5)PAGE (15)Pages (4)Pahrump (1)paid (2)pain (10)painkiller (1)paperwork (6)paragraph (3)paragraphs (1)paraphrasing (1)Pardon (2)parents (2)PARK (191)parked (2)parking (2)Parkway (2)part (5)participate (1)particular (5)parties (6)party (132)party, (1)passed (2)passing (5)password (1)passwords (1)patches (1)patients (1)Patrol (4)patrolman (2)pay (6)paycheck (2)paying (4)PD (1)Peggy (1)penalty (1)pending (2)Pennsylvania (1)Penny (8)pension (3)peo (1)people (65)

perceived (1)percent (7)Perfect (3)perfectly (1)performer (1)period (4)perjury (1)person (23)personal (8)personality (1)personally (6)persons (1)person's (1)PETERSON (14)ph (1)philosophy (1)phone (33)photo (2)Photograph (3)phrase (1)physician (1)pick (4)picking (2)picnic (7)picture (14)pictures (14)pieces (1)pills (1)Ping-Pong (1)pink (2)pipe (1)place (9)plaintiff (1)Plaintiffs (3)plan (2)planned (1)plans (2)plate (1)play (3)played (8)playing (13)please (12)plethora (1)Plus (1)pneumonia (1)pocket (1)point (26)pointed (2)points (2)police (46)

political (1)pong (23)pongs (1)pong's (1)position (3)positive (1)possession (1)possibility (2)possible (1)possibly (1)Post (6)posted (2)posting (1)potential (2)potentially (1)precluded (1)preliminary (2)preparation (2)prepare (1)prepared (1)Present (1)pretty (13)prevent (2)pride (1)print (1)printed (2)Printout (4)prior (10)private (4)privately (1)probably (17)problem (2)problems (9)procedures (3)proceedings (2)process (2)produce (2)profession (1)professional (3)profile (1)progress (3)progressing (1)progressively (1)projects (1)promo (1)properly (1)property (1)proposed (2)protect (1)protected (1)

protecting (1)Protective (7)proven (1)provided (5)pry (2)psychology (1)public (2)pulled (2)pumping (1)purely (1)purpose (2)purposes (1)pursuant (1)pushed (2)put (34)putting (5)puzzle (1)Pyatt (1)

< Q >qualms (1)question (48)questioned (1)questions (22)quick (5)quickly (1)quiet (1)quietly (1)Quinta (1)Quintanilla (16)Quintanilla's (2)quite (2)quote (2)

< R >radio (1)Rainey (2)raised (2)ran (2)random (3)range (1)reaching (1)react (1)reaction (1)reactivate (1)read (23)read, (1)reading (2)ready (10)re-air (1)

real (3)realized (1)really (30)re-ask (1)reason (7)reasonably (1)reasons (1)Rebecca (8)Rebecca's (1)recall (65)recalled (1)receiving (2)Recess (5)recessed (1)recollection (16)record (20)recorded (2)records (2)record's (1)red (2)referred (1)refrigerator (1)regard (9)regarding (10)regular (3)regularly (1)RELATED (5)relation (4)relationship (5)relationships (1)relative (2)relaxer (1)relaxers (2)relaxing (1)released (1)remember (120)remembering (1)remembers (1)reminders (1)reopen (2)repeat (7)Rephrase (1)report (4)Reported (2)reporter (10)REPORTER'S (1)Reporting (4)reports (5)represent (6)represented (2)

representing (2)represents (1)reputation (1)request (3)requested (1)resolved (1)resources (1)respected (1)responded (1)response (3)responsibilities (1)responsibility (1)responsible (2)responsive (1)rest (5)résumé (2)retirement (1)return (3)review (3)reviewed (6)reviewing (1)Rick (7)rid (4)ride (4)rides (1)ridiculous (3)riding (4)right (200)road (2)robbery (1)ROBBINS (30)Robert (1)Roberto (1)Roca (1)rocket (1)rocky (1)rode (3)rolled (1)rolls (2)rookie (1)room (12)Rose (1)Rothgerber (1)rough (1)round (1)RPR (2)Ruelas (2)Ruelas-Robbins (2)ruined (1)rumor (1)

rumors (9)rumors, (1)run (6)run-in (1)running (5)

< S >safe (2)safety (1)sat (9)saw (27)saying (31)says (18)scared (1)scarring (1)schedule (2)scheduled (1)School (39)schools (1)scientist (1)screw (1)scumbag (1)search (1)second (13)seconds (3)section (4)security (1)see (52)seeing (10)seen (11)selling (1)seminar (1)sense (6)sentence (3)sentenced (2)sentences (1)sentencing (5)separate (2)separated (3)September (7)Sergeant (18)sergeants (1)series (1)serious (5)seriously (1)server (1)service (2)Services (1)Serving (4)SESSION (2)

set (5)setting (2)settle (1)settled (1)sexuality (1)shaking (4)sharing (2)Shawn (3)shift (2)shirt (1)shit (1)shocker (1)shoots (1)shoplifters (1)shoptalk (2)short (6)shorthand (1)shortly (3)short-term (5)shot (1)shoulder (1)show (7)showed (6)shown (1)shunned (2)shut (10)sic (4)sick (23)sickness (2)side (2)sides (1)signature (1)signed (2)significantly (1)Silvestri (1)similar (1)simple (2)single (3)sir (48)sit (6)site (1)sitting (19)situation (4)situations (3)situation's (1)six (3)six-month (1)sleep (4)small (4)smarter (1)

smartest (1)smashed (1)smell (2)Smith's (1)smoke (1)Snibbor (1)social (4)socializing (1)socially (1)soda (2)Solo (3)somebody (22)sorry (63)sound (3)Sounds (4)South (3)spare (1)speak (9)Specialist (2)specific (8)specifically (2)spectrum (1)speculation (6)speeding (5)spelled (1)spend (5)spent (7)spit (2)split (5)splitting (1)spoke (6)spoken (1)spot (2)spots (1)spread (1)ss (1)St (1)staff (1)stamp (1)stance (1)stand (5)standard (1)standards (1)standing (6)start (11)started (35)starting (6)starts (5)state (6)statement (2)

STATES (2)station (3)status (2)statute (2)statute, (1)statutes (3)stay (8)stayed (4)stays (1)stellar (4)stemmed (2)step (3)step-in (1)stepping-stone (1)steroids (1)stick (1)Stipulation (1)stomach (4)stop (9)stopped (11)stopping (2)store (4)stories (4)story (25)straddling (1)straight (3)streaming (2)Street (8)strike (6)Strossin (1)stubborn (1)stuck (1)students (1)Studies (1)study (2)stuff (30)stupid (3)Stuuupid (2)style (1)subpoena (2)subsection (1)subsequent (3)substance (1)suffering (1)suggest (1)suitable (1)Suite (3)summer (4)summons (1)Sunday (2)

Sundays (1)sunglasses (1)superior (5)superiors (1)supervisor (1)supervisors (1)supposably (1)suppose (1)supposed (7)sure (39)surgery (2)surprise (2)surprised (2)suspended (1)swelling (1)swinging (1)swirling (2)sworn (4)

< T >table (18)tables (6)tailbone (2)tailgate (2)Take (38)Taken (15)takes (2)tale (1)tales (3)talk (32)talkative (1)talked (30)talking (39)talks (1)tangent (1)tape (6)tapping (1)taught (2)teammate (2)teenager (3)teenagers (6)telephone (5)telephonic (1)tell (34)telling (12)tells (1)ten (2)tend (4)tends (1)tense (1)

terminated (9)termination (6)terms (2)test (3)testified (10)testify (1)testimonies (1)testimony (20)testing (3)text (1)Thank (7)thanks (1)theory (1)thing (25)things (31)think (76)thinking (2)thinks (1)third (3)Thomas (7)Thomas's (1)thou (1)thought (28)thousand (1)three (34)throw (2)throwed (1)throwing (2)thumbs (1)till (10)Tim (1)time (119)times (19)timing (1)Tina (11)Tina's (6)Tobel (2)today (15)told (48)top (18)topic (4)topics (1)toss (1)total (2)touch (1)towed (1)towel (2)town (1)track (1)traffic (2)

tragedies (1)tragedy (8)train (1)trainer (1)training (3)transcribed (1)transcript (4)transcription (1)transcripts (1)Traurig (1)travels (2)treated (1)treats (1)tremor (1)triangles (1)tricky (1)tried (6)trip (2)Troche (3)T-r-o-c-h-e (1)trouble (12)truck (4)true (12)trust (2)truth (7)truthful (1)try (6)trying (30)turn (2)turned (7)turns (1)TV (1)twice (1)two (52)type (3)types (1)typewriting (1)typewritten (1)Typically (1)typing (1)

Uh-huh (5)Uh-uh (1)ulcer (1)ULREY (2)ultimate (1)unattended (1)unaware (1)uncomfortable (1)

uncontrollable (1)underage (4)undercover (1)understand (20)understanding (6)understands (1)understood (1)unhappy (1)UNITED (2)University (1)unjust (1)UNLV (5)untrue (1)upper (2)upset (1)upsetting (1)use (3)useless (1)usual (1)Usually (3)

< V >vacation (4)Vagos (1)vague (1)Vegas (8)verbally (2)verify (1)versed (1)version (8)versions (1)vertigo (2)Video (3)VIDEOGRAPHER (17)videos (1)Videotape (3)videotaped (1)Vince (2)Vincent (1)vindictive (1)violence (1)violent (1)voice (1)vomiting (2)Von (2)vs (1)

< W >wait (6)

waited (1)waiting (1)walk (5)walked (14)walking (6)wall (2)Wamsley (24)Wamsleys (1)Wamsley's (4)want (82)wanted (11)wanting (2)wants (8)Ward (1)warmed (1)warned (2)warrants (4)watch (10)watched (6)watching (5)water (5)waters (2)way (17)ways (1)weapon (2)wear (1)wearing (1)Web (1)wedding (2)Wednesday (1)weed (1)weeded (1)Week (34)week, (2)weeks (13)well (46)went (35)wenting (1)We're (27)We've (7)whacky (1)when's (2)Where'd (4)WHEREOF (1)Whew (1)why'd (2)Why's (1)wife (42)wife's (6)wig (2)

wildfire (1)William (4)willing (1)wish (1)WITNESS (101)witnesses (1)woke (1)woken (1)word (5)words (1)work (59)worked (10)working (13)workplace (1)works (2)worried (1)worse (1)Wow (2)wrapped (4)write (3)writing (1)written (3)wrong (17)wrote (2)

< Y >yeah (111)year (31)yearly (1)years (51)yelling (1)Yep (6)yes, (1)yesterday (3)York (3)Young (8)younger (1)

< Z >Zack (1)Zeddies (1)Zuniga (5)Zuniga's (1)

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