Deposition of: Armando Quintanilla Case: :-CV-0-LR.H-RJJ Date: 0//0 OAS REPORTING SERVICES 0 Regatta Drive, Suite 0, Las Vegas, Nevada 0--00 I www.oasisreporting.com I info@oasisreporting.com covyr REpoRTI -No NivrtoNAL scillijiwunci videoconferencimi vidlograpily
0 0 0 0 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA Page FRANCIS C. PETERSON, ) Case No. individually, and LINDA ) :-cv-0-lrh-rjj PETERSON individually and FRANCIS C. PETERSON ) and LINDA PETERSON on ) behalf of ANGELA ) PETERSON, deceased, ) Plaintiffs, ) ) vs. KEVIN MIRANDA, individually, et al., ) ) Defendads. ) ) RS AND ALL RELATED ) MATTE. ) ) DEPOSITION OF ARMANDO QUINTANILLA. Taken on Friday, January, 0 By Videotape At :0 a.m. At 00 South Fourth Street, Suite 00 Las Vegas, Nevada Reported by: William C. LaBorde, CCR, RPR, CRR Job No. Page APPEARANCES: For the Plaintiffs: KARCY. TOK,tSQ. Auis c.r & Ke esis, Ltd. 00 ourth Street uit _0 s ev egas, u Nevada 0 Eo r the Dirdan Clark County School District, hitherto Qv, pan Nebekef, Loren Johnson a nd Armando infitanilla: ARA B. HENDRICKS, ESQ. ffsnf-qgialt,---sliarkway uite Vegas, o.rt as Nevada Mark Robbins, Eor nitf t altigiladsals f andtge-tigigii e ENNIFEAK. HBSITETLER, ESQ. RiV ni a ri - I u gt es Parkway ii-itia/eḡs, Nevada For the Defendants Kevin Miranda, Eric Miranda and Chary Alvarado Miranda: KELLER, ESQ. yatt_si vestri Lk Halon 0 r,ser Avenue une _00- as Vegas, Nevada 0 Also Present: 0 0 0 0 Page APPEARANCES (continued): Also Present (continued): FRANCIS C. PETERSON LINDA PETERSON * * * * * * * * INDEX WITNESS PAGE ARMANDO QUINTANILLA Examination by Mr. Cook Examination by Ms. Hostetler Examination by Mr. Cook Examination by Mr. Keller Page EXHIBITS NUMBER DESCRIPTION MARKED Coricejh Report, CC S D000 - _Undated Letter To Whom It May Concern, pages,finuary, 00 _Interoffice Meinorandu Wanisley to Quintanilla, TCSD00( January. 0, 0 Memorandum, Quintanilla to Zeddies SdiecTwnWILiclneg ep r ofvcivd 0 Yeens,'PoedYlUg, ' M.,vcim,UAyights of the vntigk0c go Riights of the \,te.igirt, 0 Highlights of the 0--00 OASIS REPORTING SERVICES, LLC Page:
0 0 0 0 NUMBER DESCRIPTION pgagigtttiairuirlo, 0 0 gyummtpitlighlights of the 0(-(Olights of thfel ilelay tij i:iciac'aismffilghts of July, 0. P_epartmerit Administrative Ndtice AN 00- Page MARKED Page PROCEEDINGS THE VIDEOGRAPHER: Today is Friday, January, 0. The time is approximately :0, as indicated on the video screen. The location is offices of Bailus Cook & Kelesis, 00 South Fourth Street, Suite 00, Las Vegas, Nevada 0. My name is Kenneth Laursen, Certified Legal Video Specialist, Member Number 000, American Guild of Court Videographers, from the firm Oasis Reporting Services, located at 0 Regatta Drive, Suite 0, Las Vegas, Nevada. The court reporter is William LaBorde from the firm Oasis Reporting Services. This is Case Number :-cv-0-lrh-rjj in U.S. District Court, District of Nevada. The case is entitled Peterson, et al. v. Miranda, et al. The deponent is Armando Quintanilla. The videographed deposition is requested by the plaintiff. Counsel and all present will please identify themselves for the record, and then the court reporter will swear in the deponent. MR. COOK: Marc Cook here with the plaintiffs, Frank and Linda Peterson. MS. HOSTETLER: Jennifer Hostetler for 0 0 Page Defendants Zuniga, Robbins, Morales and Ruelas. MR. KELLER: Chris Keller on behalf of the Miranda defendants. MS. HENDRICKS: Kara Hendricks on behalf of defendants the Clark County School District, Filiberto Arroyo, Loren Johnson, Brian Nebeker and the deponent, Armando Quintanilla. (Witness sworn.) ARMANDO QUINTANILLA, having been first duly sworn, was examined and testified as follows: EXAMINATION Q. Sir, could you state your name for your -- for the record, please. A. Ar- -- do I look at you or -- Q. Wherever you're comfortable. A. Okay. Armando Quintanilla. Q. Sir, I introduced myself earlier. Q. My name's Marc Cook. I represent the plaintiffs. I'm going to ask you -- at least at the start of the deposition, I'm going to be the one asking you the questions. A. Okay. Page Q. I just want to go over some basic ground rules about the depo. We've got a court reporter taking down everything we say, which means we can't talk over each other. A lot of times you're going to know what my question's going to be before I'm done, and in normal conversation you would start answering and then I'd probably cut you off and ask you my next question before you were done answering that one, so we've got to be real careful. It's not that kind of a conversation. Please let me finish before you start your answer, and if you're still answering a question and I start asking you another question, please let me know so I can be quiet and let you finish. Okay? A. Okay. Perfect segue: The next thing is we need to answer audibly because nodding or shrugging the shoulders the court reporter can't take down, so if -- A. Okay. Q. -- if you nod or shrug and I prompt you to give a verbal response, that's why. All right? A. Got it. Q. Is there any reason why you can't go 0--00 OASIS REPORTING SERVICES, LLC Page:
Page forward today, illness or otherwise? Q. So you're prepared today to give your best testimony, no memory issues at all; correct? A. What do you mean by "memory issues," like medically? Q. Right. A. Not that I know of. No, I don't think 0 0 0 0 S O. Q. Right. I understand everybody doesn't remember everything -- A. Right. Q. -- that happened -- A. Right. It's -- Q. -- every moment of the past. I don't mean that. A. Okay. Q. I mean there's -- there's no reason why your best testimony can't be offered today? A. Right. Q. Have you had your deposition taken before? If I ask you a question that you don't understand, which is bound to happen, just let Page 0 me know, "I don't understand it." I'll rephrase it or just tell you where I'm trying to get to to make sure we're on the same page. Okay? A. Okay. Q. With that said, if you're answering my questions, I'm going to assume you understood the question. Is that fair? Q. All right. How long have you been in Las Vegas? A. Born and raised. Q. All right. How long have you worked for the Clark County School District? A. years. Q. And how long have you been in the dispatch center? A. years. Q. Has your position ever changed? Where'd you start? A. As a dispatcher. Q. How long were you a dispatcher? A. For -- well, I became a supervisor in 00, so -- Q. So you were a dispatcher -- 0 0 0 0 Page A. -- seven. Q. -- over ten years? Q. And then the current position you hold is what? A. Dispatch supervisor. Q. How long have you held that specific position? A. Going on seven years. Q. And you're a civilian; correct? Q. You don't have any police training or anything like that? Q. As the dispatch supervisor, what rules or regulations are you required to follow in performing your duties? A. Well, I know the CCSD has regulations, and those are the ones that -- from what I understand with me, with ESEA, is those are the ones we abide by. If the department comes up with any of their own rules that contradict that, then it's -- it's not -- we don't abide by them or it's a contract issue. So -- so the set of rules that Page you're required to follow are -- A. CCSD regulations. Q. And you're familiar with them and you deal with those on a day-to-day basis? A. The majority -- the majority of them. I mean, sometimes I have to go back and read up on them. And now, who might issue a contrary order? You said if a contrary order is issued, you follow -- you still follow CCSD; correct? MS. HENDRICKS: Objection as to form. Okay. Go ahead and answer. A. Just an example, like if the department says you can't wear jeans but the District says you can wear jeans. Q. Can you wear jeans? What is the work area where the dispatchers are in? Is it one big room? That's my understanding. A. Yes, one big room. Everybody is in cubicles; is that 0--00 OASIS REPORTING SERVICES, LLC Page:
Page right? Q. Where are you? A. At the time, 'cause where am I now? Q. Let's start in 00. A. Okay. I have -- there was an office, a dispatch supervisor office, that I had in the corner behind all the sup- -- the cubicles. Q. Was your office in a cubicle or was it 0 walled off? A. Walled off. Typically performing your duties on a day-to-day basis, are you in your office more or are you out on the floor more? A. A mixture. Some days more on the floor, some days more in my office. Q. Now, what's changed since 00? A. We have -- supervisors have changed and they've just went different routes. I was pulled in 0 on the admin side. Now I'm back. I'm on swing shift now in the dispatch center still supervising, but I work more on the floor now. It's like mixed. Q. What was the -- strike that. In 00 as dispatch supervisor, what were your day-to-day duties? Page A. Assure that everybody's following procedure; step in when there's -- when the dispatchers can't handle certain calls, when there's questions that, you know, they just -- they're -- they can't answer; scheduling; just the whole function, the whole operations of the dispatch center; call-outs; all those. Q. You said now there -- I guess now you're back to doing that, but there was a time in -- in 0 between where you were more on the administrative side? A. Yes, yes. Explain what that transition was for me. A. They came in, they said, "You're moving on the admin side. We want you to handle more administrative stuff." Q. Did your title change? A. No, title stayed the same. 0 Q. Day in a life, what changed? A. More into the disciplinary action part of it, contacting EMR, still staying with the scheduling. was still doing the scheduling, but more of the operations on the floor was -- the lead was handling. They wanted the leads to handle the 0 0 0 0 Page operations on the floor and me be more of a adminis- -- administrative part of it. Q. So with -- you've got a number of dispatchers on the floor at any given time. One of them is the lead? Q. Was that the case in 00 as well? Q. How -- I was -- I was on -- I was inside the center. So at some point after 00 they changed it where there was a lead dispatcher and you would do more administrative stuff? A. We hired two leads, yes. Q. And now you're back to where it used to be, where you're on the floor more? Well, I'm more on the floor now. Even when I was back in the office, I didn't spend as much time on the floor than I am now. Q. How come you spend more time on the floor now? A. Because the staffing, it's -- they're not covering any overtime, so I have to -- I have to cover. Page Q. Now, you said they hired two leads. Q Does that mean they brought somebody in from the outside to be a lead or somebody who was a dispatcher was promoted? A. They were already dispatcher and promoted. Q. Who were promoted to leads? A. Tiffany Hill- -- Tiffany Hamilton and Richard Stanton. Q. And now that you're back on the floor more, are -- are they still considered leads, or how does that work? A. But one's on day shift, one's on grave, and I'm on swing. A. They wanted a supervisor on each shift. Q. Now, in 00 were you the only dispatch supervisor? Q. And which shift did you work through the majority of 00? A. Day shift. 0--00 OASIS REPORTING SERVICES, LLC Page:
Page Page 00 as well, day shift? 00. 0 0 When you're not there, who's in charge? A. I'll put someone in charge. I had like a little pool. You know, if you're a trainer, then you can be chosen to be in charge while I'm out. It was more of a contact, though, not -- at that time it was more of a contact, you know, "Hey, you're the contact. If something big blows up or whatever, then you'll contact me or contact somebody up in my chain." And you had the ability to put whoever was in charge while you were gone as far as the other dispatchers to contact you? A. It was a rotation. Q. Was the rotation through all of the dispatchers or certain dispatchers only? A. The trainers, whoever was a trainer. The majority of the time it was just you had to be a trainer or had some training experience. Q. In 00, November, did you have any new dispatchers at that time? A. I don't know. Q. How long do you have to be a 0 0 I'm not sure if -- well, I'm not sure if she was or not. Q. Who? A. Cynthia Ruelas, I don't know if she -- I know she became a trainer after, but I don't think that soon. A. That's what I remember without looking at a list. Q. When you were making up the schedule, was -- how did you do that? Was it something you published computer, hard copy? What'd you do? A. It was computer and hard copy. It was the big black book, and during those times it was -- I was told this when the big economic thing hit and just I was told no overtime, period, so I was like, "Wow, okay, so how are we going to provide for vacations and all this, you know, time off, sick leave?" So I explained, talked to the dispatchers and I said, "Look, we can adjust shifts if everybody's willing to do that. You know, if we're overloaded on swing or overloaded on grave, I can borrow you, split shifts, whatever." I said, "But 0 0 Page dispatcher -- what -- strike that. What do you have to do to be a dispatch trainer? A. To be a dispatch trainer? Q. Yes. A. You have to be there at least two years. There are some exigent circumstances. If you really performed well in your training, then maybe you could -- you could go in sooner, maybe a year, a year and a half, as a dispatcher, and then you go to instructor development and you take the CTO class and then you become -- if you pass, then you become a trainer. So to become a trainer, you've got to be there two years or -- A. That's the -- Q. -- the exigent circumstance you talked about -- Q. -- and go to the class? Do you recall in 00, 00 what dispatchers were trainers? A. Tiff and Rich were trainers, Ron Sufana, myself. I -- that's -- just give me a second. 0 0 Page 0 we all have to agree on this 'cause, you know, I can't just do it just to do it, you know, and no one -- everybody doesn't agree because it's going to -- it's going to -- it's going to be tiring," because we only had like -- I think we had ten dispatchers, nine dispatchers. It was -- it was a rough time at staffing. So therefore, I would -- we'd have it. I'd write it down. They'd have their normal shift, and then I'd write the adjustments, and of course they'd have to agree to it. It wasn't -- Q. Was there any penalty to them if they didn't agree to it? Q. In November 00, do you still have copies of those schedules? A. When I left my administrative office, everything was in there, so they told me, "Just leave it all in there locked up." So I don't know if it's still there or not. Q. So you don't personally have it, but when you left, it was still there? A. It could have been because I had -- when I moved my office from the -- where I was in the dispatch center, when I moved, I took everything -- 0- -00 OASIS REPORTING SERVICES, LLC Page:
0 0 0 0 Page I mean, everything was still stacked up in the file cabinets. I hadn't touched anything, so they could be in there, but I'm not positive. Q. Have you been asked to look within the last 0 days? Q. Who would be the best person to be able to find those schedules from November 00? A. Well, Lieu- -- Lieutenant Morales is over me so over Sergeant Palacio, and they just moved her; that used to be my office in the dispatch center, they moved her in there, so now she's out of that office, so probably Lieutenant Morales. Q. Would be the best person most to be able to find those schedules? A. If they asked me to go in there, I could go in there and look. Q. And I appreciate that. What I'm asking you is: Who -- who would be the best person, to the best of your knowledge, to be able to find the dispatcher schedules for November 00? A. Probably me. And you haven't been asked to find those? Page A. Oh, I think someone sent me a InterAct about schedules, if we had a schedule then, and -- and I just got it, so I haven't checked anything. Q. Were -- were you aware of the party at Rebecca Wamsley's house before the night of the party? MS. HENDRICKS: Objection as to form. MR. COOK: Thank you. Q. Let me ask you that again. My understanding is Rebecca Wamsley had a party in November of 00 at her home where a number of dispatchers and other people attended. Are you aware of whether that occurred? A. I was -- at that time be- -- the night before you said? Q. I got rid of that question because it was a bad one. A. Oh, okay. Q. I just want to know generally if you're aware of that. A. I was told there was a dinner. Q. Were you aware -- how long before that dinner were you aware that the dinner was going to 0 0 0 Page happen? A. think it was that Friday, 'cause it was verbally Rebecca asked, "Are you coming to the dinner?" And then I go, "Well what dinner?" Q. So up until that point, you hadn't seen any fliers? Q. Subsequent to the party, did you see any fliers? Q. Did you hear anybody talking about the dinner before the Friday before that Saturday dinner? A. Not that I remember, because, you know, I -- I don't normally attend stuff like that. Q. When you say, "I don't normally attend stuff like that," it -- it leads me to this set of questions for you here: Did the dispatchers typically get together a lot -- A. I -- Q. -- prior to this party? A. I don't know. Q. Well -- A. I'm sure they had. I mean, they were friends in there, I'm sure, but I -- nothing that Page I'm aware of, you know, like set dates or anything like that. Q. Well, when you say, "I don't typically attend things like that," what did you mean then? A. Like they know where I stand. They know, you know, that I don't go out drinking and doing stuff like that, so they kind of like leave me out of the loop. Q. Do you know if they go out drinking and stuff like that? A. Oh, I'm sure they do, but I don't know like when or I don't -- Q. So you're not on their invite list, but -- A. Right. Q. -- you know -- you know it's happening? A. Right, right. MS. HENDRICKS: Objection as to form. A. Oh, I -- no, I don't know. I don't. Q. Do you know it's happening before they go out to drink? Q. After they may have gone out to drink, do you hear them talking about it in the dispatch area? 0--00 OASIS REPORTING SERVICES, LLC Page:
Page I'm separated, so I don't. Q. Do you know if they drink at all? Q. And how do you know that? A. From the parties, that like they were talking they went to the Christmas party and, you know, they might have mentioned it, but, I mean, I don't -- I don't get involved in those conversations. 0 Q. And when -- when the two of us have used "they" a few times in this, who are you referring to when we're talking about "they," what dispatchers? A. Cynthia Ruelas. Q. Who else? A. And Tina Zuniga. Q. Would Rebecca Wamsley be included in that "they"? A. I don't know. I don't. 0 A. Could. I mean, it could be. I don't remember. Q. Where are in 00 the mailboxes in relation to where your office is? A. They're in the -- they were in the front of all the cubicles. Page Q. When you're on the floor, is that a place you would typically go? A. Only if I had a CCF-I0 or something to drop in their box, a request for time off, sick leave, stuff like that, any -- any work related that I had to put in their box, especially like for grave or swing 'cause I wouldn't see them, so I'd have to put it in their box. Day shift, if they were there, I'd just hand it to them. 0 Q. And at no point do you remember seeing any fliers talking about a party? A. No, I don't. Q. In November 00 what shift did Rebecca work? A. Day shift. Q. Which was when you worked as well; right? Q. And Tina Zuniga, what shift did she work November 00? 0 A. I think she was on a split shift. I -- I know her, she was really adjusted 'cause she was -- I think she was -- she might have been one of the new ones 'cause her shift was kind of adjusted. Q. What does that mean, some days, some swing? 0 0 0 0 Page A. Yes, split shifts too. We had a couple split shifts that were kind of mixed in there to assure sufficient coverage during certain times. Q. And how about Cynthia, what shift did she typically work? A. Day shift. Q. Did you attend the Saturday, November th party at Rebecca Wamsley's house? A. I went to the dinner. Q. What time did you go there? A. I think I got there about like 0 to :00 'cause I think it started at :00. I think she told me. I don't remember, but we showed up about 0 to :00. Q. Who's "we"? A. Me and my wife. Q. And what did the place look like when you walked in? Well, strike that. Where'd you walk in? Did you come in through the garage or through the front door? A. Front door. Q. Was the garage open at that time; do you recall? A. I don't know. Where'd you go when you came in, Page you and your wife? A. To the kitchen. She was still cooking. Q. How long were you at that party? A. I left about 0 to :00. Q. In that hour and 0 minutes approximately that you were there, who else did you see there from the Clark County School District? A. Adriana, her husband. Q. Adriana Gamboa? And Carrie Williams, Rebecca Wamsley, Penny Higgins and her boyfriend, and then those are the ones that were in the kitchen. Q. Did you go in any other room besides the kitchen while you were there? A. Yeah. I had to go in the garage to -- I guess the sodas were out there, so I went to go grab a soda. Q. And what was your wife drinking? A. Soda. Q. So you went and grabbed sodas and came back in? A. Yep. Q. All right. When you were in the garage, who'd you see? 0--00 OASIS REPORTING SERVICES, LLC Page:
Page A. Cynthia and Mark, Cynthia Ruelas and Mark Robbins. Q. And where were they? A. They were way against the wall. I think they were playing pool, I think. Q. They were playing pool in the garage? A. Yeah. Q. There was a pool table in the garage? A. I think. 0 Q. Was there a pool table in the garage or a Ping-Pong table in the garage or both? A. It looked like -- don't -- I don't know. I seen the pool table. I think it was a pool table. It was like against the back wall like that, 'cause I just went in, said "hi" to them, grabbed the sodas, and I went back to the kitchen. Q. Did you -- do you not drink at all or you just didn't drink that night? A. I don't drink at all. 0 Q. How about your wife? A. Nope. All right. So I've got Andrea Gamboa, Carrie Williams, Rebecca Wamsley and Penny Higgins you saw in the kitchen area? A. Tina, Tina came in for a little bit, too, Page 0 0 0 Tina Zuniga. Q. And then you saw Cynthia Ruelas and Mark Robbins in the garage? Q. And Mark Robbins is -- is not a dispatcher. He's a police officer? Q. How did you recognize him? A. I know what he looks like. Q. I mean, you'd seen him before. You knew he was a -- A. Yes, yes. He's -- he has come in the dispatch center before. Q. What -- what had he come in the dispatch center before for? A. For work related and probably to -- I don't know -- maybe talk to Cynthia. I don't -- Q. So at least -- A. A lot of the times it was -- I'm pretty sure it was work related, to ask about a DR number or pull a copy of something. They come in there for various reasons; officers do. Q. Mark Robbins and Cynthia Ruelas are married now; correct? 0 0 Page Q. Do you recall if they were engaged then? A. I don't know. Q. Do you recall if they were boyfriend and girlfriend then? Q. So it's entirely reasonable he was coming in there to socialize with her as well? A. Oh, yeah, yes. MS. HENDRICKS: Objection as to form. A. It could be. Q. As dispatch supervisor, if he's in there for two minutes talking to Cynthia socializing, does that bother you? Q. What do you do about it? Who do you address it to? Let me strike that. A. My supervisor. You don't talk to Cynthia or Mark. You'd bring it to your supervisor? A. Uh-huh, 'cause it's a police officer that's doing it, so -- Q. And who's your supervisor? A. At that time it was Sergeant Nebeker. Now it's Sergeant Palacio. Page Did you talk to Sergeant Nebeker or -- or Sergeant Palacio about Mark Robbins being in the dispatch center? Q. And what was the result? A. I know that we were having a issue during some point in time, and I -- I explained to Sergeant Nebeker, "We have a lot of people coming in and out." It wasn't just Mark. It was several officers, detectives, and they'd just come in and just spend time there. And then I -- I'd have to bring it to his attention and -- Q. So you had brought Mark Robbins being in the dispatch center to Sergeant Nebeker's attention prior to this party? A. Oh, I don't know. I don't know exactly when it was. Q. When you brought to your supervisor's attention the fact that officers were coming in the dispatch center, did you do it verbally? Did you do it in an E-mail? Did you do it -- A. Verbally. Q. Do you know what was done about that? We came out with a -- kind of like an advisement, you know, "We can't have all these 0--00 OASIS REPORTING SERVICES, LLC Page:
0 0 0 0 Page officers." And I'm not sure if it went out written or verbal. don't know how it went out. That the officers are limited. They have to be there for a reason. You know, it's got to be work related. Other than that, they -- they don't have any reason to be there. Q. But who did you address that to, if anyone? A. Again, I don't remember if it went out as an AN, administrative notice, which goes to the whole department, or how it went out. Q. But is it fair to say then in some manner you got the message to the dispatchers? A. Oh, yeah. Yes. They -- they would have had to have been told someway, either InterAct or verbally or -- because that's -- you know, they would need to notify us if someone continued to come into the dispatch center and it's not work related. Q. Now, you also told me that because it was a police officer with -- at least with regard to the Mark Robbins example you would have to talk to your supervisor to talk to them. Do you know if anyone talked to the officers about not coming in the dispatch area? A. I don't know. I can't recall if anything Page was sent out or not. Q. And you don't recall the time frame of that at all? Q. All right. Let me get back to the party. Did you see anyone else in any other room at the Wamsley house that you recognized as working at CCSD? That was it. Q. You didn't see Chief Ketsaa or Brian Nebeker there? When you went and got the sodas, my understanding at least from Rebecca Wamsley about the setup is -- is there was the hard liquor and then on the other side of the hard liquor was the sodas. Is that what you recall? A. I don't know. Q. Do you recall where the sodas were or what they were next to? A. I think they were in a trash can. I'm sorry. I -- they were either in a trash -- I think they were in a trash can. Q. Like with a bag and iced up? 0 0 Page And you don't recall what was next to it? Q. Did you observe anything going on at that party in the garage area when you were there? A. Just I thought they were playing pool. I thought it was pool. Q. Did you see a dining room table in there? A. In the garage? Q. Yeah. Q. Did you see a table with chairs set up so people could eat? Q. Did you see a beer cooler? Q. How long were you in the garage? A. About 0 seconds. Q. Did you see Sergeant Morales in there? Q. You had to walk through the kitchen to go into the garage or did you go in from the outside? A. No, there was, you know, the door that leads to the garage. Q. And when you walked through that kitchen, Page you didn't see Sergeant Morales right in front of you? When I walked in, it was just, like I said, I thought Cynthia and Mark were playing pool straight ahead, and then I went, I said, "Where's the soda?" They pointed. I got them, and I was gone. Q. How long were you at the party? A. Till about :0, I think, 0 to :00. Q. That's right. Sony. What'd you do for the hour and a half, hour 0 minutes, whatever it was you were there? A. Ate and left. Q. Who'd you sit and talk with? A. My wife is mainly -- we were talking to each other mainly, and Adriana was right there. We talked to her a little bit. Q. See any kids at the party? Q. Did you become aware later that there were kids at the party? Q. Did you become aware later that there was beer pong at the party? 0--00 OASIS REPORTING SERVICES, LLC Page:
Page Q. Now, when you said you were in the kitchen, you were sitting at a dining table, though. You weren't on the kitchen tile where they're doing the cooking; right? There was a dining table. Did you see where they were smoking the hookah in relation to where you were sitting? MS. HENDRICKS: Objection as to form. 0 A. The hookah? Q. Yeah. There was, I guess, a hookah pipe, and I don't recall if it was in the dining area or in the living room area. A. There was nothing 'cause I hate smoke, so there was nothing in the dining area. Q. What was going on at the party when you left? A. We ate and we left. Nothing that we -- 0 we just ate and left. We were at the dinner portion of it. Q. You say "the dinner portion of it." Did you -- when did you become aware that there was a party portion of it as opposed to -- A. Not till -- Page Q. -- just a dinner? A. -- after the fact. Q. You've got to let me finish so I get it on the record. A. Oh, sorry about that. Q. Let's just try that again. A. Okay. Q. I just want to make sure -- A. Okay. 0 Q. -- it's clear on the record. You -- you said you were there for the dinner portion. When did you become aware that there was going to be a party portion to that? A. When Adriana called me the next day. Q. So even at the -- you didn't leave because it was getting out of hand. You just left because you were leaving? Q. You said you worked day shifts. What 0 typical days did you have off? Were you a Monday-to-Friday guy or -- So how was it you found out that my clients' daughter was killed? MS. HENDRICKS: Objection as to form. 0 0 0 0 Page MR. COOK: Okay. What -- specifically what is your objection so I may be able to fix the question? MS. HENDRICKS: First you should ask him if he -- if he knows that their daughter died. Q. Do you know that Angela Peterson was killed? When did you find out that their daughter was killed? A. I didn't know specifically their daughter. I was told that there was a fatality the next day. Q. How, phone call? Q. And from Andrea Gamboa? Q. All right. Describe for me that con- -- well, first, when was that phone call, morning, afternoon; do you recall? A. I think it was -- I don't know. I was at the sheds doing some work, and I think it was late afternoon I think. I can't remember the exact time. Q. I'm sorry. You -- Page 0 A. It was daytime, though, 'cause the sun was up. Q. You were where? A. I was at my sheds, cleaning out some storage sheds. A. It was Sunday. Q. And what was that phone call? A. She had called me and she goes, "Did you hear?" And I go, "Did I hear what?" And then she went in to tell me that Tina's daughter's boyfriend had -- was in a accident, a DUI, and he -- there was a fatality. Q. Did you have any idea why she was telling you this? Q. When did you find out that Tina's daughter was at the party? A. Actually when she -- that's when she told me. She said -- I guess she also said, 'cause then I said, "What?" You know, 'cause I didn't know why she was calling me and I didn't know -- I was kind of like blown back for a second. I didn't know. And I go, "What?" And she goes, "Yeah, Tina's daughter was with him and he was in a DUI and got 0--00 OASIS REPORTING SERVICES, LLC Page: 0
0 0 0 0 Page arrested." And then she went on to tell me that, you know, Morales was at the party, Sufana was at the party, and why she's telling me this, I don't know. Q. Did you ask her why she was telling you this? A. Well, she did at one point say, "I don't know why I'm calling you and telling you this 'cause I don't like to get mixed up in stuff." And I go -- I go, "Well, Adriana, why -- then why did you call me?" Q. Did she tell you -- you said she told you that Miranda was in a DUI accident. Did she tell you that Tina's daughter was in the vehicle with her [sic] as well? Q. Did she talk to you about what happened to Tina's daughter in that accident? A. She didn't tell me. She said, "Tina might be calling you." So I just waited around for that call. Still during the call with Andrea, did you ask why you would care about some random guy getting in an accident for a DUI, I mean? A. I don't -- -- again, I still don't Page understand why she called me. I didn't know if it was because maybe she knew Tina was going to call out, 'cause later on that evening Tina did call and say, "Hey, I have to take the day off." Q. At what point did you find out that Kevin Miranda was at the party at Rebecca Wamsley's house? A. Probably -- probably not till the next day or after everything started coming out. So even when that phone call ended, you didn't know Miranda was at that party? A. Yeah, I -- I don't think she mentioned any names. She was more focused, I think, on Tina and the daughter than mentioning any names. Now, she did say "boyfriend." Q. And then later that day you got a call from Tina you said? Q. And what was her phone call? A. She was very hysterical and she was crying when she was talking to me, and she just said, "I can't go in tomorrow. I have to take my daughter." She goes, "Have you heard?" And I go, "Well, Adriana called me and shared brief information with me." And I go, "You know, are you okay'?" And she goes, she just told me that her 0 0 Page daughter has to seek psychiatric help and they took her to the hospital and she's having convulsions, so she can't come in. Q. And what you just told me was a phone call from Tina that same Sunday? And you're not working that Sunday'? What, if anything, on that Sunday do you do with the information you obtained in either phone call? A. I just took a mental note of it, and then when I went in the next morning, I called my supervisor and told him everything that I was told. When you say you called your supervisor, that was Nebe- -- Sergeant Nebeker? A. As soon as I pulled in the parking lot, I gave him a call. Q. You gave Sergeant Nebeker a call? Why didn't you call him that Sunday? A. 'Cause at that point in time I didn't know is this OJ, is it ours, is it -- I didn't -- I Page didn't have any clue who was supposed to -- what I was supposed to do with it. Q. What's OJ? A. Out of jurisdiction. All right. Well, you said as soon as you pulled up in the parking lot, though, you called Nebeker, so what information did you get from the time you hung up with Tina Sunday to the time you pulled into the parking lot to go to work on Monday? A. I just gave him the information that Adriana told me, there was a -- a accident. Q. Hang on. That's -- I appreciate that and I'm going to get to what that phone call was. A. Oh. Q. But I'm not there yet. What I'm trying to figure out is you said -- I said, "Why didn't you call Nebeker on Sunday?" And you said, "Because I didn't have enough information to know what to tell him" -- A. No, not -- Q. -- or words to that effect. A. Not enough infor- I didn't know what to do. 0--00 OASIS REPORTING SERVICES, LLC Page:
0 0 0 0 A. I didn't know what the policy or procedure. I didn't know if somebody was already investigating it. Now, my -- my question to you right now is limited to this time frame. You hang up with Tina. A. Okay. Q. You don't know what policy or procedure, whatever it is you're supposed to do, and then the next thing I hear is at the time you pull up into the parking lot you call Sergeant Nebeker and tell him. Q. My question is: What happened in between those two time frames that you figured out "I should call Nebeker and let him know"? MS. HENDRICKS: Objection as to form. A. Nothing. Q. You just mulled it over in your mind and you figured "I better give the guy a call"? Page So now you call him. A. Well, he was going to know anyways because either I was going to call him on the phone Page or I was going to meet with him in the office, so it was I just gave him a call first because I didn't know where he wanted me to go with it. Q. All right. So where did he tell you he wanted you to go with it? A. He said, "Let me talk to -- to the captain, and then I'll let you know." Q. And the captain is Ketsaa? So what was it you told him in that phone call? A. I told him that Adriana called me and she said that Tina's daughter's boyfriend was in an accident, a DUI, and there was a fatality, and I told him that there was a party. You know, I told him about the party, what Adriana told me because I wasn't there, and I explained everything Adriana said: you know, that there was a DUI; it happened right after the party, wherever he left from. And that was it. I thought when we talked a few moments ago when you hung up with Adriana you still didn't know there was a party. What did Adriana tell you in that phone call about the party? A. No, she did tell me there was a -- she 0--00 0 0 0 0 Page said there was -- there was a party and they left the party. That's what she said. Q. Did you know that party was at Wamsley's house? Okay. So during that phone call, Adriana says, "After you left, there was a party at Wamsley's house, and Tina's daughter and Kevin Miranda were there" or something to that effect; is that true? A. Her -- yes, Tina's daughter and boyfriend, yes. And she says, she tells you then that the two of them were at the party at Rebecca's house and sometime thereafter he got in the DUI? Q. Is that correct? What else does she tell you at the party? Did you just -- strike that. Did you make an assumption since she tells you the party's at Rebecca's house, then he gets a DUI that the kid must have been drinking at the party or did you make any assumptions or get any information along those lines? Q. You didn't ask anything? Q You didn't ask, "Was one of my dispatchers serving alcohol to this kid before he got in an accident?" So what is it you tell Nebeker about the party? A. Just exactly what Adriana told me. Q. Which was what? A. That these -- that they left this party, and she did say Rebecca's house. They left Rebecca's house and they got in an accident and there was a fatality. Q. And then-- A. At that time I didn't know what I could ask. I mean, it's -- you know, the Police Department's really -- you know, it's -- I don't know what questions to ask, what I shouldn't ask, should I wait for -- is it out -- like I said, OJ, out -- out of jurisdiction. I -- I didn't know what to ask. I got the particulars. I gave it to my supervisor, and then I wait for instruction. Page OASIS REPORTING SERVICES, LLC Page:
Page Q. Now, if when you walked into the garage to get that soda you saw a teenager, whether it was Tina's daughter or Miranda, getting a shot of alcohol, what would you have done at that point at the party? A. Whew, gosh, I don't know. Q. What do you think as an employee of Clark County School District if you saw somebody who was a student age getting alcohol at a party you were at 0 you should do? A. What I should do? Q. Right. A. I would hope that I would report it. I would take some action. Let me take you back to the phone call. You hang up -- when you hang up with Nebeker, he says, "Let me talk to Ketsaa, and I'll tell you what to do"? 0 Q. What happens next? A. So a couple days go by and he calls me into Ketsaa's office. Q. "He" being Nebeker? A. Yes. So you're in -- Page 0 A. Sergeant Nebeker called me into Ketsaa's office to meet with him and Ketsaa, so I go in. He goes, "Okay, tell him." So I told him everything that I told Nebeker, and -- Q. Which was what Andrea had told you? A. Yes, what Adriana told me. Q. Was it also what Tina had told you? 0 A. And that was it. And what did -- what did Ketsaa or Nebeker tell you to do? A. And then Ketsaa asked me to get three of the dispatchers' DOB, soc., address for Metro. Q. Which three? A. I believe it was Zuniga, Wamsley and I think Adriana. Q. And did you do that? 0 Did they ask you to do anything else with regard to the party or Angela's death? A. And Sergeant Nebeker asked me, "Write it down someplace so you have it fresh in your mind so in case we need it." Q. At any point in time when you're telling 0 0 0 0 Page them about what Andrea told you, do you tell either Nebeker or Ketsaa, "By the way, I was at the house earlier in the day"? A. They knew, yes. Q. Well, how did -- you say "they knew." How did they know? A. I don't know if I told Sergeant Nebeker that when I called him or in the office, 'cause they did ask me. They go, "Well, were you there?" And I explained to them, "Yes, for the dinner I was there, and then I left about" -- you know, I told them about :0. Q. Now, this conversation in Ketsaa's office is a couple days later. What's happening on the floor of dispatch? What other information are you getting regarding what happened over those couple of days? A. I'm not getting any information. It's just like quiet. Q. And you're not asking anything? Q. Are there news reports on? There's news reports about Kevin Miranda Page killing somebody; right? That prompts silence? And you don't ask anybody anything? A. Nope. (Exhibit was marked for identification.) Q. Sir, you've been handed Exhibit. Do you recall ever seeing this document before'? Q. Did you prepare this document? Q. When did you prepare this document? A. That day that Sergeant Nebeker asked me to put it, you know, in writing and put it someplace. So the party happened -- let me just do it this way. MR. COOK: Can we get that marked Number. (Exhibit was marked for identification.) 0--00 OASIS REPORTING SERVICES, LLC Page:
Page Page THE WITNESS: Okay. because I want to talk about some dates. MR. COOK: Chris, I am short a copy. Do A. Okay. you want your tenth copy of the Exhibit? Q. This says the party was Saturday, MR. KELLER: No. November th. MR. COOK: Okay. MR. KELLER: I have it from last time. If you look at page of your MR. COOK: Thank you. Exhibit, you say, "On -0... at 0:0 I notified Sgt. Nebeker of the situation." Q. I'm going to have you flip over, if you Yeah, I'm sorry. 0 can, to the second-to-last page of Exhibit. Have 0 A. Oh, you're on this one. Okay. you seen that before? Yes. So that's Monday morning when you Q. The first time you're seeing it, as pulled into the parking lot? you're sitting here today? I need your answer. She can't help. Q. So your shift begins at :0, somewhere A. Oh, no, I know. about there? No. What was the question? I'm sorry. A. :00. I believe I called in an hour late I got kind of -- on that, family or something. I don't know. But Q. That's all right. normally my shift was :00 to :0. 0 Is the first time you're seeing this 0 So it wasn't when you first pulled document ever right now that -- now when I'm handing into the parking lot? You pulled in, you worked a it to you? little, then you called him? It was when I first pulled in. I Q. When have you seen this document before? was late. A. I was asked about it by my attorney. Q. Oh, I gotcha. Page Page How long ago? So in this when you say, "I notified A. I don't know. Months. Sgt. Nebeker of the situation," what you notified Q. Do you know if you saw this document him of is what we talked about earlier, which was before the lawsuit was filed in this case? what Andrea Gamboa conveyed to you during your phone call on November th, 00? Q. You don't -- 'cause you don't know when the lawsuit was filed? Q. Where can I look at this and see when you A. No, I -- I hadn't seen this until -- filled this out? Q. It was a bad question. Let me try it A. Incident date was the th. Doesn't have 0 again. 0 it on here. A. Oh, okay. Q. It should be right where it says "METHOD MS. HENDRICKS: See, if don't object, OF CONTACT," then "DATE"; is that correct? I'll just let you do it on your own. MR. COOK: Right. Give me time; I'll figure it out. Q. Normally when you would fill one of these out, that's where you would put the date you're filling it out in? Q. So is it your testimony that you have not seen page of Exhibit at any time prior to this Q. Any reason you didn't do that with this litigation being filed? one? 0 A. Right. 0 A. Because they -- they didn't tell me to do I'm going to represent to you this. They actually -- I don't even know if they Rebecca Wamsley has represented that this was the knew I wrote it on this. just -- they said, flier that she had to the party. "Write it down someplace so it's fresh in your A. Okay. memory," and I just chose to write it on this 'cause Q. Okay? And the reason I marked it now is I didn't know where it was going to go. 0--00 OASIS REPORTING SERVICES, LLC Page:
Page Q. Nobody told you to do it on a Concern Report. That was your decision? When you made the decision to fill it out in a Concern Report, why didn't you fill out the Concern Report completely? A. Because I hadn't turned it in yet. I didn't know when they were going to tell me if they wanted me to turn it in or -- 'cause they had all 0 the information, so I was just waiting for them to tell me do they need it in writing or -- Q. Did you ever turn it in? Q. Now, if you will look at Bates stamp page, it is the fifth page of this exhibit. MR. COOK: Just for a second, it now occurs to me that I think we marked this in this one other one, Kara, and it's got, I think, socials in 0 it. MS. HENDRICKS: It appears that. I didn't realize those were socials before, so we can redact it and I'll -- do a supplemental production and fix that. MR. COOK: Okay. I don't remember which Page one we marked it in previously. It might -- MS. HENDRICKS: I'll go back and check. MR. COOK: And it might be a couple. MS. HENDRICKS: I think its probably several. MR. COOK: Okay. And -- and I didn't either till he mentioned that was part of what was requested, but okay. 0 Q. So back to the question, sorry, sir, just a little housecleaning. A. Oh. Q. On page here I have the three names that I believe you said they requested you to get with date of birth, social and addresses? Q. Did you not turn these in with them either? A. Those were turned in. 0 So you turned in what is page of this document, but you didn't turn in the first four pages? A. This doesn't go with this document. I mean, to your question, I submitted this, yes. Q. I am not representing to you that -- 0 0 0 0 Page A. Oh, I thought you were saying that this was part of it. Q. -- I think through 0 you had stapled all together on your own. That's a product of this litigation. A. Okay. Q. My question is, is: The first four pages of this exhibit you didn't turn in to anybody? A. Right. Q. Page you did turn in to somebody? Q. Who did you turn it in to? A. Captain Ketsaa. Q. Do you know what he did with it? A. He said he was going to give it to Metro. Q. Do you know if he did that? Q. Do you know if he did anything else with it? Q. Next page, who prepared this? A. I did. Q Okay. So this sixth page of Exhibit Bates stamped CCSD0000 you prepared. Where did you type it out? Page 0 A. It was like on a Word. That's what's put here. I do spell check and all that, make sure grammar. Q. So you type this out on your work computer? A. Word, yes. Q. Cut and paste it into the form? Did you turn this sixth page in to anybody? Q. Is there anywhere in this report where you mention that you were at this, that you were at the Wamsley house this night? A. No, but I just stated others that were there from our department that I knew. They -- they knew was there. I -- I told them that I was there, and that's that I knew, that I saw. These were the only ones that I saw. And then up on the top you'll see there was two that weren't there when I was there. My understanding is they asked you to write it down -- Q. -- for future. 0--00 OASIS REPORTING SERVICES, LLC Page:
0 0 0 0 Page Q. You didn't turn it in to anyone? Q. But you had it available in case anybody wanted -- Q. -- you to turn it in? Q. Correct? How would somebody reading this document -- because you didn't know where they were going to turn it in to; correct? A. Right. Q. You didn't know if they were going to send it to Metro; correct? A. Uh-huh. Q. Is that correct, sir? A. That's correct. Q. You didn't know if they were going to turn it in to Internal Affairs; correct? A. Correct. How would somebody reading this document know you were there? A. They would -- I explained to my Page supervisor I was there. Q. You're asking a question I didn't ask you. I understand -- A. Okay. Q. -- you say you told your supervisor. I can go through this again. You didn't know who was going to ultimately get this -- A. Right. Q. -- if anyone; correct? A. Right, right. Q. Could have gone to Metro; correct? A. Uh-huh. Q. Is that a yes'? I'm sorry. Q. Could have gone -- A. That's correct. Q. Could have gone to CCSD Internal Affairs correct? A. That's correct. Q. Could have gone to Superintendent Dwight Jones; correct? A. That's correct. How would anybody reading this document know you were there? 0 0 0 0 Page A. It -- MS. HENDRICKS: I'm going to object to its form because he -- he said this was incomplete, so, I mean, go -- go ahead and answer, but -- MR. COOK: First -- MS. HENDRICKS: -- it's an incomplete document that has not been submitted to anybody, so -- MR. COOK: First, don't help him with his testimony. That's not a proper objection. You've been doing form objections for three weeks, and now you decide to give him an answer. And second, it's not even an answer to the question asked him. MS. HENDRICKS: You can go ahead and ask -- MR. COOK: All I'm asking him -- MS. HENDRICKS: -- your question, but you're asking about an incomplete document. MR. COOK: All I -- MS. HENDRICKS: So as long as that's on the record, go ahead. MR. COOK: Well, it's -- it's on the record if he testified to it, but that's not my question. Page Q. My question is: How would anybody reading this know you were there? A. They didn't ask me to state that. They asked me to state what the conversation with Adriana was about. That's what I wrote down. A. I had nothing to hide. They knew I was there. I told them what times. They all had that. Q. So when you spoke to Adriana, she also gave you this list of Mark Robbins, Cynthia Ruelas, Andrea Gamboa, Penny Higgins -- A. No, those are the ones I -- I seen. So you did add stuff besides what Andrea told you? A. That's why it says there "that I knew." Q. So how would somebody reading this document know you were there? A. Well, the -- I'm sure that my supervisor, Sergeant Nebeker, would read over it and say, "Okay, we need you to explain more in here. We need you to be more detailed. We need you to put from point when you walked in the door what happened." Then I 0--00 OASIS REPORTING SERVICES, LLC Page: