jeremiah darger deposition excerpt

7/27/2019 Jeremiah Darger deposition excerpt

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EXHIBIT 2

Jeremiah Darger

Deposition Excerpts

Case 3:12-cv-08123-HRH Document 185-2 Filed 09/05/13 Page 1 of 29


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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

United States of America, )

)

Plaintiff, )

)

vs. ) No. CV-12-8123-PCT-HRH

)

Town of Colorado City, )

Arizona; City of Hildale, )

Utah; Twin City Power; and )

Twin City Water Authority, )

Inc., )

)Defendants. )

)

THE DEPOSITION OF JERRY DARGER

(Videotaped)

*** CONFIDENTIAL DRAFT ***

Colorado City, Arizona

July 24, 2013

3:00 p.m.

(COPY)

PREPARED FOR: REPORTED BY:

Az Litigation Support, LLC

Marty Herder, CCR

MR. SEAN R. KEVENEY Certified Court Reporter

Attorney at Law CCR No. 50162

CONFIDENTIAL DRAFT - SUBJECT TO PROTECTIVE ORDER

www.CourtReportersAz.com (480)481-0649



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1 I N D E X

2 Examination By: Page:

3 Mr. Keveney 5, 208, 217

4 Mr. Hamilton 178, 212

5

6

7

8 E X H I B I T S

9 No. 1 Witness' drawing 75

10 No. 2 Police reports, Bates labeled HildaleDOJ

6673 through HildaleDOJ 6688 96

11

No. 3 Witness' drawing 215

12

No. 4 Witness' drawing 215

13

14

15

16

17

18

19

20

21

22

23

24

25





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1 THE DEPOSITION OF JERRY DARGER,

2 Taken at 3:00 p.m., on July 24, 2013, at the EL CAPITAN TECH

3 BUILDING, 255 North Cottonwood Street, Colorado City,

4 Arizona, 86201, before Marty Herder, Certified Court

5 Reporter, pursuant to the Rules of Civil Procedure.

6

7 COUNSEL APPEARING:

8 For the Plaintiff:

9 UNITED STATES DEPARTMENT OF JUSTICE

CIVIL RIGHTS DIVISON10 BY: Sean R. Keveney, Esq.

Matthew J. Donnelly, Esq.

11 950 Pennsylvania Avenue, NW

Washington, D.C. 20530

12

13 For the Defendants City of Hildale, Utah, Twin City Power

and Twin City Water Authority, Inc.:

14

STIRBA, P.C.

15 BY: R. Blake Hamilton, Esq.

215 South State Street

16 P.O. Box 810

Suite 750

17 Salt Lake City, Utah 84110

18

For the Defendant Town of Colorado City, Arizona:

19

GRAIF BARRETT & MATURA, P.C.

20 BY: Jeffrey C. Matura, Esq.

1850 North Central Avenue

21 Suite 500Phoenix, Arizona 85004

22

23 Also present: Tisha Hillman, paralegal, DOJ

Liz Turrin, Intern, DOJ

24 George Barlow

Brent Jensen, videographer

25





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1 Colorado City, Arizona

July 24, 2013

2 3:00 p.m.

3

4

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

6

7 THE VIDEOGRAPHER: Good afternoon. My name is

8 Brent Jensen, certified legal-video specialist with K-Video

9 Productions.

10 Our court reporter is Marty Herder, representing

11 Arizona Litigation Support. Their address is One East

12 Washington Street in Phoenix, Arizona.

13 We are at 255 North Cottonwood Street, in

14 Colorado City, Arizona, to take the deposition of Jerry

15 Darger on behalf of the plaintiffs in the United States

16 District Court of Arizona case of United States of America

17 versus Town of Colorado City, Arizona, et al.

18 Case No. 3:12-CV-08123-HRH.

19 The date is July 24th, 2013. And the time is

20 approximately 3:01 p.m.

21 The attorneys will now introduce themselves.

22 Plaintiffs first, please.

23 MR. KEVENEY: Sean Keveney for the United States.

24 MR. MATURA: Jeff Matura for Colorado City.

25 MR. HAMILTON: Blake Hamilton on behalf of





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1 Hildale, Twin City Water Authority, and Twin City Power.

2 THE VIDEOGRAPHER: Thank you.

3 Please swear the witness.

4

5 JERRY DARGER,

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

7 was examined and testified as follows:

8

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

10 BY MR. KEVENEY:

11 Q. Mr. Darger, could you start by giving us some --

12 well, I take a step back.

13 My name is Sean Keveney, as I said on the record a

14 moment ago. I work for the United States Department of

15 Justice. And we've brought a lawsuit against the Town of

16 Hildale and the town -- and the City of Hildale?

17 MR. HAMILTON: City of Hildale.

18 BY MR. KEVENEY:

19 Q. City of Hildale and the Town of Colorado City.

20 And some utility companies.

21 Are you familiar with that case at all?

22 A. A little bit.

23 Q. When was the first time you were told that you

24 would be testifying today?

25 A. Two days ago or something. I can't remember the





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1 Q. Can you draw me a diagram of where the rooms are

2 that you're talking about?

3 A. Um, I don't -- it's not my place to draw my

4 religious buildings.

5 Q. Were you ever in that building while on duty as a

6 police officer?

7 A. Yes.

8 Q. Did you observe the building while on duty as a

9 police officer?

10 A. Like?

11 Q. You were in there on duty. I mean, did you open

12 your eyes and look around while you were on duty as a police

13 officer inside that building?

14 MR. HAMILTON: Objection; form.

15 THE WITNESS: I would imagine that I -- I don't

16 usually walk around with my eyes shut.

17 BY MR. KEVENEY:

18 Q. So, I'd like you to draw a diagram of where the

19 rooms were that you were telling me about.

20 MR. HAMILTON: If you saw -- if you observed them

21 while you were on duty -- again, we've talked before and

22 it's our position that the witnesses -- the witnesses do

23 have a First Amendment right.

24 I'm not instructing him not to answer, but

25 they have a First Amendment to practice the religion that





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1 they choose. And believe at this point in time the DOJ if

2 they're asking with respect to religious practice would be

3 trampling on this gentleman's First Amendment right.

4 MR. KEVENEY: I'm sorry, Mr. Hamilton, that seemed

5 like a speech. And I am trying to figure out if there's an

6 objection in there.

7 Was there?

8 Is there an objection on the table?

9 MR. HAMILTON: It's our -- it's our position that

10 he has a First Amendment right.

11 And so I'm not instructing you not to answer this,

12 but if you feel like this tramples on your First Amendment

13 right.

14 MR. KEVENEY: Just so I'm clear, is there an

15 objection on the table to my question?

16 MR. HAMILTON: Yes.

17 MR. KEVENEY: What's the specific objection to my

18 request that he diagram the meeting room?

19 MR. HAMILTON: That it violates his First

20 Amendment rights.

21 MR. KEVENEY: He was in this building, we

22 established, on duty as an officer with the CCMO.

23 MR. HAMILTON: Correct.

24 MR. KEVENEY: He was in there making observations

25 while on duty. And I'm asking him to draw a diagram of





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1 those observations.

2 MR. HAMILTON: Oh. That wasn't your question

3 before.

4 MR. KEVENEY: I believe that --

5 MR. HAMILTON: No, I don't believe it was.

6 MR. KEVENEY: -- it was.

7 If it wasn't, then let's make it perfectly clear.

8 BY MR. KEVENEY:

9 Q. Because I am going to ask questions about your

10 religious beliefs later on, that I am specifically not --

11 A. I -- I understand that you are, and I -- to put it

12 on the record, I do have a First Amendment right. I'm here

13 to represent the Colorado City Marshal's Office as law

14 enforcement, as an employee of the Town of Colorado City.

15 I am willing to answer those.

16 As far as my religious beliefs, I have an

17 amendment right.

18 And as far as I'm concerned, the Department of

19 Justice as United States of America, I don't know that they

20 have -- they're infringing upon my rights to question my

21 beliefs.

22 Q. I want to make sure the record is perfectly clear

23 about what I'm asking you to do right now.

24 A. Okay.

25 Q. I will in the course of this deposition ask you





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1 questions about your religious beliefs. I want to make it

2 clear that I do not believe I'm doing that right now.

3 So I specifically asked you if you were in the

4 FLDS meeting house, that Leroy Johnson meeting house, while

5 on duty. And your answer was yes.

6 Is that correct?

7 A. Correct.

8 Q. Now I'd like you for diagram for me what you

9 observed while in the meeting house while on duty.

10 I'm not asking about any of your religious

11 beliefs.

12 A. Um, I was there on duty, not investigating

13 anything, not on a call of service. But simply attending a

14 religious service.

15 Q. You were on duty; is that right?

16 A. Yes, I was.

17 Q. I'd like you to draw for me your observations

18 while on duty in that building, to the best of your

19 recollection. I understood that you're not a draftsman --

20 A. Okay. I -- I -- to put it on the record, I do

21 feel like this is violation of my First Amendment right,

22 because I don't know that you need to know what the meeting

23 house looks like.

24 If you did, you might go ask the church if you

25 could go see what it looks like.





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1 But I will draw a picture.

2 Q. Thank you, deputy.

3 MR. MATURA: While he draws, I'll put on the

4 record, and you can object if you want to, it doesn't matter

5 to me, but I'll object, but I'll state on the record again

6 that I advise the Department of Justice at some point in

7 time to have one of its hundreds lawyers review the case law

8 on First Amendment rights, both from the Supreme Court and

9 Ninth Circuit, which includes protecting the identity of

10 individuals who share a common belief, including, for

11 example, their places of worship.

12 It's not a hard case to read. I suggest someone

13 from the Department of Justice read it, because we will be

14 bringing this up to the court in a motion for some kind of

15 sanctions.

16 (Witness draws diagram.)

17 THE WITNESS: This is the door you walk in. Had

18 like classroom, classroom with monitor on the wall, seats

19 like this.

20 Where whoever was speaking, people in the side

21 room tending their baby or whatever they wanted to do could

22 watch and listen.

23 BY MR. KEVENEY:

24 Q. Could you mark north and south on your diagram,

25 please, just so we know where spatially the building is





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1 A. He's the city manager.

2 Q. My question is, is he in your chain of command?

3 A. I guess, yes.

4 Q. Is he above you in your chain of command?

5 A. Yes.

6 Q. Have you ever seen him sign things in his capacity

7 as city manager?

8 A. I've never seen him sign.

9 Q. Have you ever seen any documents he's signed as

10 city manager?

11 A. I've seen some with his name on them.

12 Q. Have you seen his signature on documents as city

13 manager?

14 A. I would assume it's his signature.

15 Q. And does it -- does it appear to match the

16 signature that's on this page?

17 A. I don't know.

18 Q. Prior to today, do you have any recollection of

19 seeing this document?

20 A. Not that I'm aware.

21 Q. Were you given any instructions at any time by

22 anybody regarding Bruce Wisan?

23 A. No.

24 Q. While I'm thinking about it, I forgot to ask you

25 something about Willie Jessop.





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1 Do you have any reason to harbor any bias toward

2 Willie Jessop?

3 A. No.

4 Q. You don't have any basis to dislike him

5 personally.

6 A. No.

7 Q. Are you familiar with the term apostate?

8 A. I've heard of it.

9 Q. Do you consider Willie Jessop to be an apostate?

10 A. I don't. . .

11 Q. Did you say you don't know or --

12 A. I don't know.

13 Q. What's your understanding of the term apostate?

14 A. Um, apostate from what?

15 Q. You said you've heard the term.

16 A. Yeah.

17 Q. Do you have an understanding of the meaning of the

18 term?

19 A. I assumed that it meant left the faith. I don't

20 know.

21 Q. Operating from that definition of the term, do you

22 consider Willie Jessop to be an apostate?

23 A. I don't really care. I don't know if he's an

24 apostate or not.

25 I mean --





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1 Q. I'm --

2 A. I don't -- I don't --

3 Q. Let me -- let me take a step back.

4 A. Okay.

5 Q. Willie Jessop is a potential witness in this case.

6 You're a potential witness in this case. I'm trying to

7 explore any potential witness bias.

8 Okay?

9 I'd like to find out if you are biased in any way

10 toward Willie Jessop.

11 Has he --

12 A. No, I'm not.

13 Q. -- ever beat you up? Has he stolen your

14 girlfriend? I mean those kinds of things.

15 A. No.

16 Q. Do you understand what I'm asking you?

17 A. Yes.

18 Q. So given the definition of apostate, do you have a

19 personal religious view that causes you to have any bias

20 toward Willie Jessop?

21 A. No.

22 Q. Again, I'm going to ask you one more time, just so

23 I'm sure the record is clear.

24 Given your understanding of the term apostate that

25 you gave us earlier, do you personally consider Willie





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1 Jessop to be an apostate?

2 A. I don't know.

3 MR. HAMILTON: Objection; form.

4 BY MR. KEVENEY:

5 Q. I didn't get your answer.

6 A. I don't know what his religion is.

7 Q. I'm not sure you answered my question.

8 Do you have a view one way or the other on whether

9 Willie Jessop is an apostate?

10 A. I don't have a view on it.

11 Q. We talked about Lenore Barlow earlier. I'm going

12 to ask you the same question.

13 Do you have a view one way or another on whether

14 Lenore Barlow is an apostate?

15 A. I don't have a view on it.

16 Q. You don't personally consider her one way or the

17 other to be an apostate.

18 A. No.

19 Q. Have you ever been instructed by anybody that

20 Willie Jessop is an apostate?

21 A. No.

22 Q. What about Lenore Barlow? Has anybody ever

23 instructed you that she's an apostate?

24 A. No.

25 Q. Now, I was starting to ask you about Bruce Wisan,





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1 BY MR. KEVENEY:

2 Q. Are you currently a practicing member of the FLDS

3 church?

4 A. I'm not.

5 Q. You are not.

6 A. I am not.

7 Q. Were you at any point a practicing member?

8 A. Yes, I was.

9 Q. At what point did you stop becoming -- did you

10 stop being a practicing member?

11 A. A while ago.

12 Q. Can you narrow it down any further?

13 A. I don't know.

14 A year, over a year. I don't know.

15 Q. Was it less than two years ago?

16 A. Probably.

17 Q. It was over a year ago and less than two years

18 ago; is that right?

19 A. Yes.

20 Q. Do you remember roughly what season of the year it

21 was that you stopped being a practicing member?

22 A. I don't feel to answer all these religious

23 questions. I'd assert my First Amendment right.

24 Q. Deputy Darger, I'm just trying to nail down a

25 timeline. And you've already told me that you were a





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1 practicing member and you're not now.

2 I'm not asking you --

3 A. Well, you're just going down the road of all these

4 religious questions, and I -- you know, I'm here as an

5 officer of the Marshal's Office. I'm here to answer

6 questions on that.

7 But as far as what I believe or when I don't

8 believe or what I'm going to believe in the future, I -- I

9 have a First Amendment right that I would assert.

10 Q. Deputy, I want to be very clear. I am trying very

11 hard not to ask you the tenets of your faith. I'm trying

12 very hard not to ask you your personal religious beliefs.

13 But the allegations in this case are that the

14 Marshal's Office and other elements of city government are

15 controlled by the FLDS church.

16 All I'm trying to nail down, and after which I

17 have two more questions, is a time period.

18 I'm not asking you about your beliefs.

19 You've already testified that you were at one time

20 a practicing member.

21 A. Yes, I was.

22 Q. And that you stopped being a practicing member.

23 A. Yes, I did.

24 Q. And we've established a rough timeline. That you

25 stopped being a practicing member less than two years ago





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1 and more than a year ago.

2 All I'm trying to do is see if we can nail down

3 that timeline any more.

4 A. I don't know.

5 Q. My question is: Do you remember what season of

6 the year it was that you stopped being a practicing member?

7 A. I don't.

8 Q. Was it hot or cold outside?

9 A. Was it a certain day or was it over a period of

10 time?

11 Q. Let me --

12 A. I mean. . .

13 Q. No, that's a fair question. I'm trying to work

14 out a timeline so that may --

15 A. I don't know the time.

16 Q. I mean, did you stop being a member over a time

17 period or --

18 A. Yes.

19 Q. -- was this -- was it like a single event

20 where you --

21 A. Over a time period.

22 Q. Okay.

23 And that time period was between two years ago and

24 a year ago.

25 A. Yes.





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1 Q. Now, I said a couple more questions after that,

2 and then I want to check my notes and make sure there's no

3 other follow-up.

4 But the two other questions I had is at any point

5 were you -- well, three.

6 Are you familiar with United Order?

7 A. What's that?

8 Q. I'm asking you if you're familiar with something

9 called the United Order.


11 Q. I'm not asking you your personal religious

12 beliefs. I'm asking you are you familiar with something

13 called the United Order?


15 Q. Were you at any point a member of the United

16 Order?

17 A. I would assert my First Amendment right.

18 Q. So you're refusing to answer whether you were a

19 member of the United Order.

20 A. I would assert my right because I feel that's

21 infringing upon my religious beliefs.

22 Q. At any point did you consecrate property -- I'll

23 narrow it even more.

24 At any point did you consecrate property that you

25 bought in connection with your police duties to the United





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1 Order?

2 A. What do you mean?

3 Q. Did you consecrate your firearm to the United

4 Order?

5 A. I would assert my First Amendment right again,

6 because you're asking -- you're fringing upon my religious

7 beliefs.

8 Q. Did you consecrate any other police equipment to

9 the United Order?

10 A. I stated earlier I'll assert my First Amendment

11 right.

12 Q. I understand you're going to assert. I just want

13 to make sure I have a clear record.

14 Did you consecrate any of the police equipment

15 that you purchased in connection with your official duties

16 to the United Order?

17 A. We're about the sixth question since said three,

18 but I would assert my First Amendment right again.

19 Q. Are you going to refuse to answer all those

20 questions based on the assertion of your First Amendment

21 right?

22 A. Yes.

23 MR. KEVENEY: Let's take a quick break.

24 THE VIDEOGRAPHER: We are off the record at 7:09.

25 (Brief recess taken.)





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1 euthanization?

2 A. Um, I've dealt with a lot of Mr. Stubbs' and his

3 sister's horses.

4 Q. But specifically his horse that was euthanized.

5 A. There was one that was caught in the cattle guard

6 and broke its leg or something.

7 And they lifted it out. Later that day she

8 called. Lydia called. And wanted somebody to come put it

9 out of its misery.

10 So I went out there. And one of her friends that

11 was there asked if he could shoot it with his own rifle.

12 And I said, I think it would be fine.

13 So he got his rifle and shot it, put his rifle

14 away, and I left.

15 Q. That's in addition to the two incidents that we

16 talked about at the start of the day; is that right?

17 A. Yes.

18 The two that I talk about before, I euthanized

19 them. This one then he did.

20 Q. The United States, Deputy Darger, may file a

21 motion to compel your testimony, the portion of which you --

22 the portion of which for which you asserted a First

23 Amendment privilege.

24 A. Okay.

25 Q. I don't know sitting here today whether we





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1 definitely will file such a motion or not, but I want to let

2 you know that's a possibility.

3 A. Okay.

4 Q. With that caveat, I have no further questions at

5 this time. I may have some in response to Mr. Hamilton's

6 questions.

7 A. Okay.

8

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

10 BY MR. HAMILTON:

11 Q. Mr. Darger, I know it's late. I'll try to be

12 brief.

13 But I want to follow up on a couple things that

14 Mr. Keveney asked you.

15 He talked to you a little bit about the fact that

16 you are no longer FLDS and when you became a non-practicing

17 member of the FLDS faith, and you said it was between a year

18 or two.

19 Has there been any change in the way -- well, let

20 me back up.

21 Have you previously testified to that fact, that

22 you're no longer FLDS?

23 A. You mean in my POST interview.

24 Q. Okay. So in your POST interview you -- you were

25 interviewed by Utah POST; is that correct?





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1 Go get witness statements.

2 BY MR. HAMILTON:

3 Q. Let me back up.

4 Have you ever responded to one of those calls?

5 A. Yes.

6 Q. Okay. Run through for me what you did when you

7 responded to that call. Or responded to those calls.

8 A. Well, I responded to the call, talked to the

9 complainant, see what their complaint is that, give them a

10 witness statement.

11 Look at -- talk to whoever they're saying is

12 trespassing. Give them a witness statement. See if

13 somebody has occupancy agreements.

14 Get everybody's side of why they feel like they

15 have the right to be there.

16 Contact legal advice if I need to, if I feel like

17 there's a question.

18 Contact the marshal, see what -- if I have a

19 question as to. . .

20 Q. Once you finish those investigations, would you

21 forward that information on to the prosecuting attorneys?

22 A. Yes.

23 MR. KEVENEY: Object to the form.

24 BY MR. HAMILTON:

25 Q. And have you forwarded any kind of -- any type of

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1 call or investigation you conducted on behalf of Mr. Chatwin

2 and Mr. Wyler or Mr. Barlow to the prosecuting attorney?

3 A. I have.

4 Q. Did -- has Mr. Chatwin's religion ever come into

5 play in the way you respond to his calls?

6 A. I don't know what his religion is, but no.

7 Q. Has the fact that he is an agent for the United

8 Effort Plan Trust as currently constituted with Bruce Wisan

9 as the special fiduciary ever come into play in the way you

10 responded a call involving Mr. Chatwin?

11 A. No.

12 Q. Same questions for Isaac Wyler. Has Mr. Wyler's

13 religious background or his religion ever come into play in

14 the way you respond to a call involving Mr. Wyler?

15 A. I don't know his religion, but no.

16 Q. And same question with respect to the United

17 Effort Plan Trust. Have you responded any differently or

18 the fact that Mr. Wyler is an agent for the United Effort

19 Plan Trust and works at the behest of Bruce Wisan affected

20 the way you conducted any investigations or call involving

21 Mr. Wyler?

22 A. No.

23 Q. Jethro Barlow, has his religion ever come into

24 play when you've ever responded to a call involving

25 Mr. Jethro Barlow?




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1 A. I don't ever remember going on a call that he

2 called in, but no.

3 Q. Okay.

4 So you're not sure if you actually ever responded

5 to a call involving Jethro Barlow.

6 A. No.

7 Q. Okay.

8 Do you know who Ron and Jinjer Cooke are?

9 A. I do.

10 Q. Have you ever responded to a call involving Ron or

11 Jinjer Cooke?

12 A. Responded to a call or dealt with them?

13 Q. Yes.

14 A. I've dealt with both of them.

15 Q. Tell me about the times you've dealt with Ron and

16 Jinjer Cooke.

17 A. The time I really dealt with Ron was I stopped him

18 for speeding once, told him to slow down, gave him a verbal

19 warning.

20 Q. Did you cite him?

21 A. No, I didn't.

22 Q. So did the incident concluded with you just giving

23 him a verbal warning.

24 A. Yes, it did.

25 Q. Have you had any interaction with Jinjer Cooke?




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1 A. I have.

2 Q. Can you explain the interaction you had with

3 Jinjer Cooke?

4 A. One time she called one night. I don't know, it

5 was midnight sometime, middle of the night.

6 Said someone was in her house. Her daughter or

7 son had heard somebody.

8 So I responded up there.

9 She come out, told me that she didn't want me to

10 investigate it, because I was one of those FLDS cops.

11 I said if there's someone in your house, we want

12 to help you, we want to -- if somebody is burglarizing or

13 trespassing or. . .

14 She said, no, I don't want you to help, I'll have

15 Mohave County do it.

16 So Mohave County came out the next day and

17 investigated it.

18 Q. Okay.

19 When you pulled over Ron Cooke, did his religion

20 come into play at all the way you handled that situation?

21 A. No. I didn't know his religion.

22 Q. Okay.

23 When you responded to Jinjer Cooke, did her

24 religion come into play in the way you responded to that

25 call?




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1 A. No.

2 Q. The fact that she claimed that you were an FLDS

3 cop, did that affect -- one of those FLDS cops, did that

4 affect the way you tried to conduct yourself?

5 A. No.

6 I just asked her if anything I could do to help.

7 She told me she didn't want me to. So I went on foot around

8 in the trees and down in the creek to see if I could find

9 anybody, but I didn't.

10 After she told me she didn't want me there, I

11 didn't go into her house or on the property. I went down in

12 the creek and in the bushes and trees around to see if I

13 could find anybody.

14 Q. Are you familiar with Bruce and Ron Black?

15 A. Bruce and Ron Black.

16 I don't know Ron Black.

17 I know a Bruce Black.

18 Q. Have you ever responded to a call involving Bruce

19 Black?

20 A. I talked to Bruce Black about a call.

21 Q. Could you describe that incident for me.

22 A. Off of Mohave Avenue, south of the reservoir, the

23 Blacks own some property there. And one of the older

24 gentlemen, I think he said his name Charleen or Sterling or

25 something Black, called and reported a -- somebody




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1 trailers. They're just -- like they're set there. I mean,

2 they're probably still movable, but they -- they got

3 sidewalk and skirting and they've been there for 15,

4 20 years. I don't know.

5 There are -- they don't move.

6 MR. KEVENEY: Okay. No further questions.

7 MR. HAMILTON: We'd ask for the opportunity to

8 read and sign.

9 And you can have the transcript sent to me and

10 I'll get it to you, Officer Darger.

11 THE WITNESS: All right.

12 THE VIDEOGRAPHER: This concludes the deposition

13 of Jerry Darger.

14 We are off the record at 8:20.

15 (Whereupon, the deposition concluded at 8:20 p.m.)

16

17 ______________________________

18 JERRY DARGER

19

20 * * * * *

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218

1 STATE OF ARIZONA )) ss.

2 COUNTY OF MARICOPA )

3 BE IT KNOWN that the foregoing deposition was

4 taken before me, Marty Herder, a Certified Court Reporter,

5 CCR No. 50162, State of Arizona; that the witness before

6 testifying was duly sworn by me to testify to the whole

7 truth; that the questions propounded to the witness and the

8 answers of the witness thereto were reduced to typewriting

9 under my direction; that the witness elected to read and

10 sign the deposition transcript; that the foregoing 218 pages

11 constitute a true and accurate transcript of all proceedings

12 had upon the taking of said deposition, all done to the best

13 of my skill and ability.

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

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

16 the outcome hereof.

17 DATED at Chandler, Arizona, this 28th day of July,

18 2013.

19

20 __________________________

21 C. Martin Herder, CCRCertified Court Reporter

22 Certificate No. 50162

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jeremiah darger deposition excerpt

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