P R O C E E D I N G S. February 23, (Jury seated.) Welcome back, folks.

Transcription

1 P R O C E E D I N G S February, 0 THE BAILIFF: All rise for the jury. (Jury seated.) THE COURT: All right. Y'all may be seated. Welcome back, folks. All right. State, call your next 0 witness. MR. GILLIAM: State calls Jeremy Ringle. THE COURT: All right. THE BAILIFF: This witness was previously sworn, Judge. THE COURT: All right. Come up, sir. Have a seat, please. You may proceed. MR. GILLIAM: Thank you, Judge. 0 JEREMY RINGLE, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. GILLIAM: Q. Mr. Ringle, will you please introduce yourself to us?

2 0 A. I'm Detention Officer Jeremy Ringle. Q. How are you currently employed? A. Detention officer. Q. What do you do -- where are you a detention officer? A. Second floor of 00 Baker. Q. What job responsibilities do you do as a detention officer over there at 00 Baker? A. We're in charge of security of the inmates of the second floor mainly. That's a lockdown floor. It varies. Q. Is 00 Baker in Harris County, Texas? Q. You mentioned that the second floor is a lockdown floor. lockdown floor? What does it mean when you say a MR. SCOTT: May it please the 0 Court, I would object unless it's shown to be material to some issue in this case, Your Honor. THE COURT: Sustained. Q. (By Mr. Gilliam) So you mentioned a little bit about your job over there as a detention officer. Will you explain more about what responsibilities you have day to day? A. Day to day, I work the second shift. So

3 0 0 we're in charge of feeding, providing medication, making sure that the inmates are in their cell and are well taken care of. Q. How long have you been a detention officer with Harris County? A. Seven years and four months. Q. I'm going to take you back to December th of 0 around :00 p.m. Did you have certain job responsibilities that you were to conduct around that time? A. I was a floor rover that day, meaning I go around and handle the extra duties that the pods themselves can't. The pod officers stay in the pod and maintain rounds. I go around and handle the extra duties for them. Q. And were you given a specific task to do that day on December the th? A. Yes, I was. Q. What task was that? A. We were informed -- MR. SCOTT: May it please the Court, I would object to any conversation as hearsay that might be communicated to this witness. THE COURT: Sustained. Q. (By Mr. Gilliam) What were you assigned

4 to do? 0 0 A. We were instructed to -- MR. SCOTT: May it please the Court, I would renew my objection previously ruled on. THE COURT: Overruled. Overruled. A. We were instructed to go and clean the lockdowns to make sure everything was in compliance for policy. Q. (By Mr. Gilliam) Were you told to clean certain cells or all the cells there on the second floor? A. All the cells, mainly starting with the lockdowns. Q. And did you have an opportunity or did you have an incident concerning an inmate named Weylin Allford? A. Yes, we did. Q. And do you see Mr. Allford in the courtroom today? A. Yes, sir, I do. Q. And will you identify him by an article of clothing he's wearing and where he's sitting in this courtroom? A. Striped shirt, sitting at that desk

5 (indicating). 0 0 MR. GILLIAM: Your Honor, may the record reflect the witness identified the defendant? THE COURT: It will so reflect. Q. (By Mr. Gilliam) And how did you come in contact with Mr. Allford, the defendant? A. When we approached Inmate Allford's cell door, he had -- MR. SCOTT: May it please the Court, as opposed to the narrative, I would appreciate a question and answer, Your Honor. THE COURT: Overruled. A. We approached his door and he had his cell window completely covered and the light on the cell had been covered to completely blacken out the room. Q. (By Mr. Gilliam) You said, "We approached his door." Who was with you? A. Several other detention officers were with me. We were going cell by cell cleaning out each individual cell, making sure it was in compliance. Q. How many -- approximately how many other detention officers were with you? A. Approximately five.

6 0 Q. I'm going to show you what's already been marked and entered into evidence as State's Exhibit No.. Exhibit No.? What are we seeing in State's A. That is Inmate Allford's previous cell, the cell at the time. Q. So you mentioned that there was some newspaper covering the window. Which window that we 0 0 see here in State's Exhibit No.? A. E, the door window itself was completely covered. Q. And are inmates allowed to cover their windows with newspaper? A. No, they are not. Q. What is your protocol when you see a defendant -- or an inmate's window covered with newspaper? A. We first order them to take it down. Q. Did you order Mr. Allford to take the newspaper down or did someone else? A. Detention Officer Lee approached him and gave him that order. Q. And after Detention Officer Lee instructed the defendant to remove the newspaper, what did you see happen next?

7 0 0 A. I observed no response from Inmate Allford. Detention Officer Lee called out to him and there was no response again. So Detention Officer Lee signaled to the pod officer to open the door. Q. And I'm showing you State's Exhibit No.. Is that a photo of the same cell door with it opened at that time? A. Yes, sir, it is. Q. What did you observe when the cell door to the defendant's cell was opened? A. Again, the cell light had been covered with newspaper so that the room was almost completely dark. Inmate Allford had applied soapy water to the floor in front of the cell door. Q. And did you actually go in that cell at that point in time? A. No, we -- we gave him some orders to -- we informed him that we were conducting a cell search and ordered him to turn around and approach us so we can handcuff him. Q. Did the defendant comply with those orders? A. He did not. Q. After he failed to comply with those

8 0 orders, what happened next? A. We gave him several more orders telling him to turn around so we can place him in handcuffs. Q. And did he comply with those other orders? A. He never did. Q. So what happened after he failed to comply that second time? A. Detention -- Inmate Allford began reaching into his waistband, became belligerent stating we're not going to come in there; and Detention Officer Lee removed his OC canister from his waistband and ordered Inmate Allford to remove his hands from his waistband and again turn around so we can handcuff him. This went on a couple times. Detention 0 Officer Lee actually stated, "Keep your hands out of your waistband. I don't know if you have a weapon." Inmate Allford said he didn't have a weapon. We weren't going to come in there, just go away. Detention Officer Lee then entered the cell, stepped on top of the bunk and attempted to take the newspaper off the light. Q. I'll show you what's already been entered into evidence as State's Exhibit No.. Is

9 0 0 this a picture of the inside of the defendant's cell? A. This was. Q. So where did Detention Officer Lee step up to remove the newspaper off from that light? A. He stepped on the cell bunk on the right-hand side. Q. Where was the defendant during this time? A. The defendant had backed into the shower. When he saw Detention Officer Lee's OC spray, he picked up his mat over his head in order to deter it or defer it. Q. Did Detention Officer Lee ever actually deploy his OC spray? A. I'm unsure. Q. And after the defendant has put himself in the shower with the mattress covering him, what happens next in that cell? A. When Detention Officer Lee steps up, Inmate Allford drops his mat and charges Detention Officer Lee pinning him against the wall on top of the bunk. Q. And then after he pins Detention Officer Lee on the wall against the bunk, what is Defendant

10 0 0 Allford doing? A. He -- Detention Officer Lee leans onto him to keep from falling. We all enter the cell and push the two of them back against the far wall. Inmate Allford then pulls out a shank from his waistband and begins attacking Detention Officer Lee. Q. Did you actually see the shank that the defendant pulled out that day? A. I did. Q. And did you see it after this incident occurred or during this incident? A. I did, yes. Q. Were you able to recognize what that shank was made of? A. It was a hairbrush that had been filed down. Q. Which side of the hairbrush was filed down? A. The handle, the handle of the hairbrush. Q. What are those hairbrushes made out of? A. I believe it was a hard plastic. Q. After you see the defendant produce the shank and start stabbing Detention Officer Lee, what do you do next?

11 0 A. I immediately jump on top of the shank, pinning it between my arm and my chest; and after a struggle, we removed it from his hand. Q. How is the defendant stabbing Officer Lee -- Detention Officer Lee? A. I stated he and Detention Officer Lee had leaned forward to keep from falling. Inmate Allford took his left hand, reached up behind his neck -- Detention Officer Lee's neck and with his right hand began an upward stabbing motion to his face. MR. GILLIAM: Your Honor, may the witness step down from the box? THE COURT: He may. 0 (Witness complied.) Q. (By Mr. Gilliam) If I'm Detention Officer Lee and you're going to be the defendant, can you show the jury and show us exactly how the defendant was stabbing Detention Officer Lee? A. He was -- he was higher up, so kneeling down. This is Inmate Allford. He pulls his head down and was stabbing with an upward motion (demonstrating). Q. And how long did he stab Detention Officer Lee?

12 0 0 A. It seemed like no more than two seconds, but he got five or six or seven strikes in. Q. And what part of Detention Officer Lee's body was he stabbing? A. It was his face and head. Q. And was it the front of his face, the back of his head? Where? A. It was anywhere he could get his hand on him. Q. Okay. You can have a seat again. Thank you. A. (Witness complied.) Q. After you saw the defendant stab Detention Officer Lee, were you able to restrain the defendant? A. Not immediately. Q. What did you do to try to stop that stabbing from happening? A. Initially I latched onto his arm; and once we removed the shank after a brief struggle, Detention Officer Garza and I were able to pry it away from his hand. He continued fighting. I was able to force him down to the ground. Once on the ground, we gave him repeated commands to stop resisting, put your hands behind your back so we can

13 0 0 handcuff you. Inmate Allford ignored these commands and, in fact, locked his hands together under his chest. Q. And while you're trying to restrain him, how are you restraining him? What are you doing physically? A. It -- it was a very limited space. We had put pressure on his back, trying to remove his hands from underneath his chest. We were in a struggle to pry his hands free. Q. Were you throwing -- were y'all throwing punches while you were trying to restrain the defendant? A. Yes, several punches. Q. I'm showing you what I've marked as State's Exhibit No.. Is this a fair and accurate depiction of what this picture purports to show? A. Yes. MR. GILLIAM: Your Honor, I would ask that State's Exhibit No. be admitted into evidence and I'm tendering to Defense counsel. MR. SCOTT: We have no objection, Your Honor. THE COURT: No objection, is admitted.

14 (State's Exhibit No., Photograph, offered and admitted.) MR. GILLIAM: May I publish to the jury, Your Honor? THE COURT: You may. 0 0 Q. (By Mr. Gilliam) I'm showing you State's Exhibit No.. What is this showing us? A. This is the aftermath. After we had secured him, we brought him down to the clinic. Q. How long did it take y'all to restrain the defendant? A. From the time we entered the cell, approximately three minutes. Q. And when you saw the shank, did the defendant immediately drop the shank? A. He did not. Q. And how were you able to actually get the shank away from the defendant? A. I was able to immobilize his arm and isolate it away from his body; and Detention Officer Garza and I, after to 0 seconds, were able to pry it away from his hand. Q. Where are y'all struggling with the defendant in the cell? A. The back right corner of the cell.

15 0 0 Q. I'm going to show you, again, State's Exhibit No.. If you look to the screen on the right-hand side of you on the witness stand, look to the right, you can actually press that screen and an arrow will pop up; and will you show us where you were showing us? A. This general region (indicating). It had started up against the wall in this corner, and Inmate Allford was standing on the ground. Detention Officer Lee was standing on the bunk. Once I was able to pin Allford, Inmate Allford's hand and pry the shank away, I then forced him to the ground down here (indicating); and after a struggle down there, he attempted to crawl underneath the bunk. And I had to wrap up his upper and lower torso to immobilize him and basically drag him out of the cell. Q. If you'll hit the bottom left corner, you can clear that screen. A. (Witness complied.) Q. Thank you. After you were able to detain the defendant and get him under control, what did you do next? A. At some point OC spray had been

16 0 0 0 deployed. The cell was completely contaminated. It was hard to breathe, so we pulled him out of the cell and escorted him into the hallway outside of J Pod. Q. Do you know who deployed the OC spray in that cell? A. I do not. Q. Did you deploy OC spray? A. I did not. Q. And what is -- you talked about the cell was contaminated. What did the cell look like once that OC spray was deployed? A. It's mainly a fume that the spray gives off. So it was completely trashed from the scuffle; but as far as the spray itself, I couldn't really see it. Q. Was there blood and other liquid in that cell? A. There was. There was the soapy residue that he had put on the floor previous to us coming in, and there was blood from Detention Officer Lee and Inmate Allford on the floor. Q. And I'm showing you what I've marked as State's Exhibit No. 0. Do you recognize State's Exhibit No. 0?

17 0 0 A. Yes. Q. And can you describe what State's Exhibit No. 0 is? A. That is the shank that Inmate Allford had made. It is a hairbrush that is filed down to a sharp point on the handle. Q. And do you -- was there an offense report number generated with this, are you aware? A. There was. Q. And does this -- was there an offense report number on State's Exhibit No. 0? A. As far as the bar code? Q. Yes, sir. A. Yes. Yes, there is. MR. GILLIAM: Your Honor, at this point in time, I'd offer State's Exhibit No. 0 into evidence, and I'm tendering it to Defense counsel. MR. SCOTT: May it please the Court, we would object at this particular time that the proper predicate has not been laid to the introduction of this item yet, Judge. THE COURT: Overruled. 0 is admitted. (State's Exhibit No. 0, Shank, offered and admitted.)

18 MR. SCOTT: I would also object to hearsay that's contained on the exhibit. THE COURT: Overruled. MR. GILLIAM: Your Honor, may I publish it to the jury? THE COURT: You may. 0 Q. (By Mr. Gilliam) I'm going to give you a glove, have you put that on. A. (Witness complied.) Q. Would you go ahead and take State's Exhibit No and I'll have you actually step down from the box -- and if you could show the jury State's Exhibit No. 0. A. (Witness complied.) Q. Go ahead and put it back in the -- In your experience working there as a detention officer, have you dealt with shanks that have been made in the jail before? A. I have seldom over the years that I've 0 worked there. It does happen. Q. Based on your personal experience and your knowledge working there, how are shanks generally made? A. Any hard object that they can come across, they whittle it down, rub it on the concrete

19 0 and sharpen it. Q. And in your experience, is that a short process to sharpen that point? A. No, that takes quite a while. Q. And are these shanks capable of causing serious bodily injury? A. They -- they very well are. Q. And when you were there -- when you were there with Detention Officer Lee and the other detention officers, what were y'all wearing? A. We were wearing our county-issued uniform like I have on today. Q. Similar to what you have on today? A. That's exactly, yes. Q. And in your experience, working as a detention officer, is a shank a deadly weapon? A. Yes, it can cause death. MR. GILLIAM: Pass the witness, Your Honor. 0 THE COURT: Defense? MR. SCOTT: May I proceed, Your Honor? THE COURT: Yes, sir. MR. SCOTT: Thank you, Judge.

20 CROSS-EXAMINATION 0 0 BY MR. SCOTT: Q. Mr. Ringle, in relation to your duties at that location, how long had you been assigned to that location prior to December the th? A. I had been on the second floor of the Harris County Jail for -- since, I think, February of 0. Q. All right. With the same duties, same responsibilities basically; is that correct? Q. You talked about being a rover. Is that what the designation is for everyone other than those that are in the pod -- Q. -- basically? Q. The floor walker and people basically, correct? Q. All right, sir. Now, when was the -- you go to work at, what, :00 in the afternoon, correct, sir? Q. And you had been doing that since, I

21 0 0 guess, basically that time shift all the time, correct? Q. All right. You were aware -- you were aware, then, of the fact that Inmate Allford had paper on his window before you came back over there for that inspection, weren't you? A. No, sir, I wasn't. Q. The person before you then would have been possibly -- it was visual from the outside, correct? Q. All right. So however long it had been there -- how often do you check those cells? A. The pod officers actually conduct rounds, I believe, every minutes. Q. So for that paper to be in that window, it would have had to have been within less than minutes or theoretically the person before that would have seen it, correct? Q. All right, sir. And, likewise, if the lamp -- if the light was covered on the inside it would have been the same time frame basically, correct?

22 0 0 Q. And all these things that you're talking about are visual things that you can see from outside without even having to enter that cell, correct? A. The way the cell is set up, there's individual cells inside a larger housing cell. The individual cells are not seen from outside of the actual pod. Q. Well, when you're roving around and looking and checking them every minutes approximately, if you walk by one you could see that the paper was in the window, correct? Q. And, likewise, if you walked by one, you could see that no light was coming out from under the door if it was -- the lights were supposed to be on so you would know that something had been put up to obstruct the light from getting out of the light fixture, correct? Q. All right, sir. Now, when you were doing this, were you -- was there a designation as to who was to be the lead rover or was there any discussion about that? You were a rover. You said

23 0 0 there were how many more? Four or five others with you? A. Approximately, yes, sir. Q. They were rovers as well; is that correct? Q. Was Mr. Lee -- was he a rover? A. I believe so, sir. Q. I guess he would be, what, head rover or not? A. It's -- it's broken up. There's no specifics. Q. So everybody just kind of walks along and everybody's looking at the -- are y'all in just a little bundle going around and looking in all the windows and everything or -- A. Roughly, yes. Q. -- is it split up? A. There was two or three of us going to each individual door as -- you know, broke it up into two -- basically two different squads. Q. All right. And that group of people would have contained Lee, Perry, Davis, Ringle, Harmon, Garza, and Henderson, Palmer, McDuffy, Abbott, and Hayman in some capacity; is that

24 correct? A. No, sir. They showed up -- a good amount of them showed up after the page was made. Q. After what? A. There was a floor page for deputy/inmate fight after the incident had started. those responded to that actual page. So some of 0 0 Q. So -- but they were all out there at some point in time around the cell that we've seen, correct? A. After the page was made, yes. Q. All right. So the -- I gather what you're telling us is that you were actually with Lee when it started, correct? Q. All right. Now, who else was with you physically there at that time? A. I believe it started off as five or six of us. Detention Officer Lee, myself, Detention Officer Garza, Detention Officer Davis, and I believe Detention Officer Harmon. Q. All right. Just a second. Let me do this. You say Lee was there, of course? Q. Davis was there; is that right?

25 Q. You were there. Did you say Harmon was there? 0 0 A. I believe Harmon and Garza were the other two. Q. All right. That's Napoleon Harmon and Ruben Garza, correct? Q. And then the people that would have shown up, I assume later at some point in time, however much later, Perry, Henderson, Palmer, McDuffy, Abbott and Hayman, right? Q. All right, sir. Were they -- were they also rovers just going in a different direction when y'all started the inspection? A. No, each cell -- each lockdown cell is assigned three pod officers. It takes one to operate the door and two to go in and conduct rounds. So those were the actual -- those were from the other lockdown cells. Q. All right. Now, when you go -- and I assume just from what you're telling us that Mr. Lee would have been the first one in the door; is that accurate?

26 0 0 0 Q. And would you have been the second one in the door, then? A. I was actually the third behind Detention Officer Davis. Q. Behind Davis? A. Uh-huh. Q. And from what you're telling us, I guess that once the difficulty actually started, when Lee goes in -- A. Correct. Q. -- Davis and you basically were still standing outside the cell. Is that accurate or not? A. As Detention Officer Lee entered, we followed immediately behind him into the cell. Q. So all three of you are actually in the cell prior to the defendant attacking Lee, correct? A. As Detention Officer Lee entered the cell, Inmate Allford came out of the shower area of the cell and rushed Detention Officer Lee. So we were all entering as he was approaching. Q. So officer -- or Detention Officer Lee had not gotten on the bunk yet then; is that correct, when y'all came in there? A. He was -- as you saw, the bunk is

27 0 0 immediately in front of the door. So as he steps in, he actually steps up onto the bunk as Detention Officer Davis and I enter. Q. The picture that they've shown you of the cell that Mr. Allford -- Inmate Allford was in at that time, it had other things in it other than just those depicted in that photograph; is that correct? Q. And what other items might have been in there? A. He had his mattress, sheet and blanket and I believe there was a commissary bag underneath the bunk. Q. Was there a TV in that room? A. There was. Q. And where would the TV have been? A. There was a desk located next to the bed. Q. The little desk with the little swing-out seat under it? Q. And it would be on top of that in the very back corner, correct? A. Yes.

28 0 0 Q. That is the back left-hand corner by the shower, right? Q. All right. Now, you say when -- when the inmate came out of the shower, how far away were you from him? A. to feet. Q. And his, that is the inmate's attention at that particular time would have been on Mr. Lee? Q. Is that correct, sir? Q. So he wheels out of the shower area and Lee is right there, would have been to your immediate right, but in front of you; is that correct? Q. And that's when he either grabs or tries to tackle or in some way comes in contact with Mr. Lee, right? Q. All right, sir. And you talked about Mr. Lee, to catch his balance, had gone down physically on the top of the defendant, right? A. At arm's length, yes, sir.

29 0 0 Q. I'm sorry? A. At an arm's length, he had placed his hands basically on top of his shoulders or head. Q. Pushes him down or steadies himself basically, correct? Q. Had Inmate Allford wrapped his arms around his ankles -- or his legs yet at that point in time? A. As -- immediately upon making contact, he bear-hugged Detention Officer Lee's knees basically. Q. So the man's -- the inmate's arms are locked in some way around Mr. Lee's two legs, correct? A. He had wrapped them up, yes. Q. Yes, sir. And Lee pushes down on him to either try to restrain him or keep his own balance, correct? Q. All right, sir. Then once his hands are locked around him, you're some feet away and you join into the fray, correct? Q. All right, sir. And let's see. Let me

30 0 0 make sure. Where was Davis? If he was in front of you, where did he go? A. As soon as Detention Officer -- or as soon as Inmate Allford came out of the cell and approached Detention Officer Lee, Davis and I both started pushing Inmate Allford to the rear of the cell. Q. And he still had ahold of Mr. Lee, correct? A. Yes, sir, he dragged him to the back in the process. Q. Now, you said that you grabbed -- and I'm just trying to configure in my mind. You would have grabbed the inmate's right arm, then; is that accurate? Q. All right, sir. So you grabbed -- you grabbed his right arm that had been locked around Lee's legs, right? A. (Nodding head.) Q. And what -- is that a yes? A. That's -- when we got to the rear of the cell is when we first observed the shank. It was in his right hand, and that's when he had pulled Detention Officer Lee's head down and began the

31 0 0 stabbing motion. Q. So in that length of time he had let loose of his legs, he had pulled out his shank and he started trying to stab Lee, correct? Q. And you were some feet away from him when he did that, correct? A. No. When he pulled out the shank, Detention Officer Davis and I were immediately -- immediately upon him in contact. Q. So instantaneously you saw the shank and you were on top of him basically, correct? Q. All right, sir. Now, you talked about driving him back into the corner of that cell just because of your weight and your inertia; is that right? Q. All right. You would have been, then, behind the inmate basically, correct? A. We were to his immediate right. He was facing the right-hand wall. We were facing the back wall. Q. All right. So the TV and that little desk, then, would have been to his left, either

32 0 0 behind him or just right there to the immediate left, correct? Q. All right. You and Davis both get on him or start to struggle with the inmate, correct? Q. And what is Lee doing while you're doing this? A. Lee had his OC spray in his hand. He was trying to maintain balance, and I believe he started striking him either with his hand or with the can itself. Q. But you're not -- you're not aware as to whether or not he actually fired his canister; is that right? A. No, sir, I'm not. Q. It's the kind of thing, though, that if he might have, with you in that close proximity, you probably would have known it right then, wouldn't you? A. There was definitely OC sprayed in the air, but I can't say for sure whether he sprayed it or not. Q. Or you probably can't remember exactly when it was actually in the air; is that correct,

33 sir? 0 0 Q. All right, sir. Now, once you had his right hand and you say you take -- took the Exhibit No. 0 away from the defendant, through necessity it sounds like you must have moved him enough so that he was actually physically on the -- on the floor; is that right or not? A. Immediately after removing the shank from Inmate Allford's hand, I was able to force his head and following his body down to the floor. Q. Okay. That would have been that -- that little section that sounds like -- there's a -- just so we make sure, the green area here is the bunk on the right, correct? Q. The little desk, then, with the stool on it is in the back corner? Q. And that's where the TV would have been. Then the vertical wall there would have been a separator between the shower and the cell itself, correct? Q. All right. So once you have the inmate,

34 0 0 you and -- I guess you and Davis both had him, correct, or not -- just you? A. Correct. Correct, sir. Davis and I both had him pinned against the rear wall. Q. All right. So you both had him and then at some point in time he's either moved backwards but right in conjunction with your actions he was right there on the floor facedown in front of the -- the little desk and beside the bunk, right? Q. All right, sir. And you and Davis were both still struggling with him; is that accurate? Q. Now, when that was going on, did you have any recollection about where all these other officers were at that time? A. No, sir. Everybody else was behind me. Q. So you said that he also tried -- and I'm sorry. I should have stayed over there. You also said that he, that is, the inmate, tried to crawl underneath the bunk, which is still the same bunk. There's only one bunk in there, right? Q. So anytime we talk about the bunk,

35 0 0 that's what we're doing, right? Q. All right. So he tries to crawl or slither or however you want to describe it, to place his body underneath that -- to get under that bunk, correct? Q. And basically to get away from you and at least Davis at that point, correct? Q. All right. And he also still would have been on his stomach -- Q. -- correct? Then you tell us that you wrapped your legs around him in some way and totally tried to restrain him and you did and then you pulled him out from underneath the bunk, right? Q. All right, sir. Was Davis also assisting you pulling him out from underneath the bunk? Q. All right. Then I think you told us that additional commands were given about -- I'm

36 0 0 0 sure something to the effect about put your hands behind your back or some instruction like that -- intent to cuff his hands behind his back and not in front of him, correct? Q. All right, sir. You also told us that the weight was on top -- or you applied weight to his back, correct? Q. So he was still facedown then on the floor when you and Davis were putting the weight on him and trying, I assume, to -- some way he locked his hands underneath his stomach, right? A. Correct. Underneath his chest. Q. Like a little kid, he locked his hands in there but you're pulling on him and eventually you get him out and you put them behind his back; is that correct? Q. All right. And so he was cuffed, right? Q. Okay. Do you remember whose cuffs were used? Were they your cuffs or Davis' cuffs or Lee's cuffs? A. I'm not sure, sir.

37 0 0 Q. Well, did you -- did you have cuffs with you? Do you have those? Q. So it could have been anybody's cuffs. You just don't remember, right? A. It could have been, yes. Q. All right. So then after he was cuffed, during that process at some point in time then Harmon, Garza, Henderson, Palmer, McDuffy, Abbott and Hayman, they were all in the cell, correct, or not? A. No. With the size of the cell, we couldn't fit everybody in there. So we actually had slid him out in front of the cell. I'm -- I'm thinking that's where we applied the shackles, the leg shackles. Q. Okay. So he would have been pulled all the way then back out of the cell, away from the bunk and out to -- basically to that front door? Q. Okay. So he's pulled out -- oh, I remember you said that was because of the spray and also had more room, right? A. Yes. Q. Okay. So you pull him out. He's

38 0 cuffed, hands behind his back, and then you say this is out in the big area? A. The day room area. Q. It's not in this photograph, but we've seen the photographs of the cell. Anyway, that's when you say you put leg shackles on him? A. I believe that's when it was, yes. Q. All right. And who would have done that? Did you do that, Davis do that or who did that, do you remember? A. I think -- I believe it was Detention Officer Garza. It's stated in the report. Q. Once he had those, the shackles put on him, then what happened, do you remember? A. We escorted him out into the south hallway of the floor, and I believe we waited on the stretcher. Q. Okay. You told me something I'm not familiar with. On the photographs of the cell, it 0 shows -- it shows a hallway, correct, or at least a concrete walking area? A. No, that's the day room of the cell block. Q. That's -- oh, okay. This concrete area in front of that is called what?

39 0 0 A. It's the day room. That is actually an enclosure inside of the pod. Q. Okay. All right. Then you say now that you escorted him out of that day room area into a hallway or somewhere? Q. All right. And that's where you waited on the stretcher to take him down to the infirmary or whatever you want to call the location? Q. All right, sir. Were you responsible for carrying the stretcher, or do you remember who actually carried that stretcher with my client on it? A. I don't recall, sir. Q. Okay. The picture that we've seen of him when he's obviously beaten up, was that taken at the infirmary? A. I believe it was, sir. Q. So after you get him downstairs, after this happens, that's the condition he's in in the infirmary, right? Q. All right, sir. And from that infirmary, then, and in that condition, then, that's

40 0 0 when he was sent to Ben Taub, correct? Q. All right, sir. MR. SCOTT: I'll pass the witness, Your Honor. THE COURT: State? MR. GILLIAM: Nothing further, Your Honor. THE COURT: May this witness be excused? MR. GILLIAM: Yes, sir. MR. SCOTT: I'd like to place him on call, Judge. THE COURT: Make sure we have a number where we can find you. Why don't we go ahead and take a short morning break, folks. THE BAILIFF: All rise for the jury. (Jury retired.) (Brief recess.) THE BAILIFF: All rise for the jury. (Jury seated.) THE COURT: Y'all may be seated.

41 All right. State, call your next witness, please. MR. GILLIAM: State calls Deputy Jameson. 0 THE BAILIFF: This witness was previously sworn, Judge. THE COURT: Come up, please. THE WITNESS: Yes, sir. THE COURT: All right. You may proceed. MR. GILLIAM: Thank you, Judge. 0 JOSEPH JAMESON, having been first duly sworn, testified as follows: DIRECT EXAMINATION BY MR. GILLIAM: Q. Would please introduce yourself to us? A. I'm Deputy Joseph Jameson. Q. How are you employed, Deputy Jameson? A. A full-time deputy with the Harris County Sheriff's Office. Q. How long have you been a deputy with the Harris County Sheriff's Office? A. Eighteen years. Q. And where are you currently stationed right now or assigned?