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1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 S.R. NEHAD, an individual, K.R. ) CASE NO. 15-cv-1386-
4 NEHAD, an individual, ESTATE OF ) WQH-NLS FRIDOON RAWSHAN NEHAD, an )
5 entity, ) )
6 Plaintiffs, ) )
7 v. ) )
8 SHELLEY ZIMMERMAN, in her ) personal and official capacity )
9 as Chief of Police, NEAL N. ) BROWDER, an individual, CITY OF )
10 SAN DIEGO, a municipality, and ) DOES 1 through 10, inclusive, )
11 ) Defendants. )
12 ________________________________)
13
14
15 DEPOSITION OF NEAL BROWDER
16 July 12, 2016
17
18
19
20
21
22
23
24 Mary Anne Young, CSR No. 12799 409986
25
NEAL BROWDER
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 S.R. NEHAD, an individual, K.R. ) CASE NO. 15-cv-1386-
4 NEHAD, an individual, ESTATE OF ) WQH-NLS FRIDOON RAWSHAN NEHAD, an )
5 entity, ) )
6 Plaintiffs, ) )
7 v. ) )
8 SHELLEY ZIMMERMAN, in her ) personal and official capacity )
9 as Chief of Police, NEAL N. ) BROWDER, an individual, CITY OF )
10 SAN DIEGO, a municipality, and ) DOES 1 through 10, inclusive, )
11 ) Defendants. )
12 ________________________________)
13
14
15 The Videotaped Deposition of NEAL BROWDER, a
16 Defendant, taken by Plaintiffs pursuant to the applicable
17 sections of the Code of Civil Procedure, on Tuesday,
18 July 12, 2016, before me, Mary Anne Young, CSR No. 12799,
19 beginning at the hour of 9:35 a.m. at 1200 Third Avenue,
20 Suite 1200, in the City of San Diego, County of San Diego,
21 State of California.
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25
2
NEAL BROWDER
1 A P P E A R A N C E S
2
3 For the Plaintiffs:
4 MILLER BARONDESS, LLP 1999 Avenue of the Stars, Suite 1000
5 Los Angeles, California 90067 Telephone: (310) 552-4400
6 Facsimile: (310) 552-8400 E-mail: [email protected]
7 [email protected] BY: DAN S. MILLER
8 SEAN G. McKISSICK
9
10 For the Defendants:
11 OFFICE OF THE SAN DIEGO CITY ATTORNEY 1200 Third Avenue, Suite 1100
12 San Diego, California 92101 Telephone: (619) 533-5910
13 Facsimile: (619) 533-5856 E-mail: [email protected]
14 [email protected] BY: JOHN E. RILEY
15 BEVERLY A. ROXAS
16
17 The Videographer: LAURA VELASCO
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3
NEAL BROWDER
1 I N D E X
2
3 EXAMINATION: PAGE
4 BY MR. MILLER 6
5
6
7 E X H I B I T S
8 NO. DESCRIPTION PAGE
9 1 San Diego Police Department Investigator's 156 Report
10 Bate Stamped COSD00000113 through 124 12 pages
11 2 Officer Involved Incident Checklist 160
12 Bate Stamped COSD00000125 1 page
13 3 Certificates 162
14 Bate Stamped BROWDER 000047, 62, 71 and 147 4 pages
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18
19
20 PORTIONS MARKED CONFIDENTIAL - ATTORNEYS EYES ONLY
21 Page 38, Line 7 - Page 42, Line 11
22 Page 164, Line 20 - Page 165, Line 7
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4
NEAL BROWDER
1 SAN DIEGO, CALIFORNIA
2 TUESDAY, JULY 12, 2016 9:35 A.M.
3 - o0o -
4
5 THE VIDEOGRAPHER: Good morning. Here begins
6 media number 1 of the deposition of Neal Browder in the
7 matter of S.R. Nehad versus Shelley Zimmerman, et al.
8 This case is in the United States District Court,
9 Southern District of California. The case number is
10 15-cv-1386-WQH-NLS. Today's date is July 12, 2016, and
11 the time on the monitor is 9:35 a.m.
12 This deposition is taking place at 1200 Third
13 Avenue, Suite 1200, San Diego, California, 92101. The
14 videographer is Laura Velasco appearing on behalf of
15 Barkley Court Reporters located in Irvine, California,
16 92614.
17 Would counsel please identify yourselves and
18 state whom you represent?
19 MR. MILLER: Dan Miller on behalf of
20 plaintiffs.
21 MR. McKISSICK: Sean McKissick on behalf of
22 plaintiffs.
23 MR. RILEY: John Riley on behalf of Neal
24 Browder and City Defendants.
25 THE VIDEOGRAPHER: The court reporter today is
5
NEAL BROWDER
1 Mary Anne Young with Barkley Court Reporters.
2 Would the reporter please swear in the
3 witness?
4 NEAL BROWDER,
5 A Defendant herein, being first duly sworn, testifies as
6 follows:
7 EXAMINATION
8 BY MR. MILLER:
9 Q Good morning.
10 A Good morning.
11 Q Have you had your deposition taken before?
12 A As far -- yes.
13 Q On how many occasions?
14 A Just one.
15 Q And what case was that?
16 A That was during a traffic collision.
17 Q A traffic collision that you were involved in?
18 A Yes.
19 Q Were you a plaintiff in that case?
20 A No, I was a defendant.
21 Q Okay. Someone sued you, the lady with the
22 traffic incident?
23 A The insurance, yes.
24 Q What was the result of that case?
25 A It was not only myself, it was another driver
6
NEAL BROWDER
1 that was involved in the collision, so we were found at
2 fault.
3 Q You were found at fault?
4 MR. RILEY: If we can hold on a second? I
5 understand the question in terms of deposition for
6 purposes of the familiarity of how this process works.
7 Getting into the merits of a personal lawsuit, I'd like
8 to stay away from that.
9 MR. MILLER: Okay. I think we'll -- I just
10 want to understand the basics and see if there is any
11 relevance; otherwise I understand where you're coming
12 from.
13 MR. RILEY: It is personal business, it sounds
14 like.
15 BY MR. MILLER:
16 Q Okay. Was that lawsuit in any way related to
17 your job with the San Diego Police Department?
18 A No.
19 Q So is there -- have you -- are you on any
20 medication or have you had any -- taken any substances
21 that would prevent you from giving truthful and accurate
22 testimony today?
23 A No.
24 Q Do you have any -- have you been diagnosed
25 with any memory issues or any -- any health issues
7
NEAL BROWDER
1 related to your memory?
2 A No.
3 Q Are you -- well, let me just go through. Have
4 you testified at trial before?
5 A Yes.
6 Q And is that in connection with your duties as
7 a police officer?
8 A Yes.
9 Q On how many occasions have you testified at
10 trial?
11 A I can't give you an exact number because I've
12 been a police officer for 28 years, so --
13 Q Understood, and that's kind of that -- let me
14 get into some of the ground rules here. When I ask a
15 question like that that calls for a number, I'm entitled
16 to your best estimate, so if you can give me an
17 estimate, great, I don't want you guess or speculate.
18 But if you have an estimate, if it's more than 20,
19 between 20 and 30, try and give me a range.
20 A couple other ground rules: When I'm
21 talking, try not to jump in even if you know the answer
22 to the question already. I know in normal conversation
23 we do that but it's easier for the court reporter --
24 A Okay.
25 Q -- if we can try not to talk over each other.
8
NEAL BROWDER
1 If you need a break, please tell me. I have
2 no problem whatsoever with breaks. All I ask is that
3 you answer the question that's pending and then I'm
4 happy to go off the record and take a break.
5 A Okay.
6 Q If I ask a question and you don't understand
7 the question, please just tell me. I will try and
8 rephrase it if it's a bad question.
9 A Okay.
10 Q Okay. So could you give me an estimate for
11 the number of trials you've testified at?
12 A So we're talking in the course of my career?
13 Q Yes.
14 A I would estimate 250.
15 Q And of those 250 cases, did they involve
16 criminal defendants that were on trial for crimes?
17 A Well, that -- those cases include
18 traffic-related cases in addition to criminal cases.
19 Q Do you have an estimate of how many were
20 felony cases?
21 A That actually went to trial as far as having a
22 jury, or is it -- are we just talking like preliminary
23 cases?
24 Q Any kind of testimony you gave.
25 A I would estimate over the course of my career
9
NEAL BROWDER
1 probably conservatively, I'd say 75.
2 Q 75 felony cases in which you've given
3 testimony?
4 A I would say yes.
5 Q Do you receive any training at the police
6 department about testifying at trial?
7 A Yes, during -- during the academy, yes.
8 Q What type of training?
9 A We -- I believe, as part of the POST
10 requirements, I think we have a segment in there
11 regarding court testimony and law procedures.
12 Q For -- for the deposition today, I don't want
13 to know what you spoke to your attorney about, but
14 putting that aside, what did you do to prepare?
15 A Other than just my conversation with my
16 attorney, I saw the video of the incident and also I was
17 given a copy of the homicide investigator's report.
18 Q Did you read the homicide investigator's
19 report?
20 A A portion of it, yes.
21 Q When were you given that?
22 A Earlier this week, I believe.
23 Q And when did you watch the -- when you say
24 "the video," are you referring to the video of the
25 actual shooting?
10
NEAL BROWDER
1 A Yes.
2 Q Okay. I'm trying to differentiate between --
3 I know there's some body camera footage after, but the
4 video you're referring to is from Keco, the store
5 nearby, of the shooting when you actually pull up in the
6 car and shots were fired?
7 A Yes.
8 Q And when did you watch that?
9 A About a week ago.
10 Q How many times did you watch it?
11 A I think we reviewed it, I'd estimate, three
12 times, probably.
13 Q And where did you watch it?
14 A My attorney's office.
15 Q Who is your attorney?
16 A Mr. John Riley.
17 Q Was anyone else there when you watched the
18 video?
19 A No.
20 MR. RILEY: Objection. I think you're getting
21 awful close to the attorney/client privilege.
22 MR. MILLER: Okay. I don't agree, but that's
23 okay, we'll go question by question.
24 BY MR. MILLER:
25 Q How much time did you spend meeting with your
11
NEAL BROWDER
1 attorney to prepare for this deposition?
2 MR. RILEY: Objection. Don't answer. It
3 invades the attorney/client privilege.
4 BY MR. MILLER:
5 Q In your meeting with your attorney one week
6 ago, how long was your meeting?
7 MR. RILEY: Objection. Don't answer. Same
8 objections. Any questions about a meeting with him,
9 besides the fact that it took place, would reflect my
10 thought processes and we're not going to go there, so
11 ask your questions as you may, but it's a standing
12 objection to this line.
13 MR. MILLER: Okay. I just want to make sure I
14 understand the objection. You will be objecting if I
15 ask the length of time or anyone who attended the
16 meeting?
17 MR. RILEY: Yes.
18 MR. MILLER: Okay.
19 BY MR. MILLER:
20 Q And just so I have a clear record, did anyone
21 else attend the meeting besides your attorney?
22 MR. RILEY: Objection. Don't answer.
23 BY MR. MILLER:
24 Q And you're going to follow your attorney's
25 instruction not to answer these questions?
12
NEAL BROWDER
1 A That's correct.
2 Q Okay. What -- could you tell me your
3 experience as far as having firearms training, if you
4 could give me -- I know it calls for maybe a long
5 answer, but give me -- if you could give me a summary of
6 your training over the course of your career?
7 MR. RILEY: Objection. Calls for a narrative.
8 Could you break that down, please?
9 MR. MILLER: Sure. Just trying to speed
10 things along.
11 BY MR. MILLER:
12 Q In your original -- when you first entered the
13 police academy, how many years ago was that, about 27?
14 A It's 28 now.
15 Q Okay. What training did you receive in using
16 firearms?
17 A We received academy training and we also have
18 to qualify every quarter, which is every four months.
19 Q And since that time, have you received
20 additional training every four months?
21 A Could you be more specific as far as --
22 additional training as far as, you know, I take my
23 personal time to go on training my own time, so I guess
24 you could consider that training.
25 Q Okay. That's helpful.
13
NEAL BROWDER
1 Let's -- let's say the last ten years, how
2 often do you spend personal time training with a gun?
3 A I try to at least go once a month, my personal
4 time to train.
5 Q And do you go to a shooting range?
6 A Yes. Yes. Majority of the time, yes.
7 Q Do you own any guns personally now?
8 A Yes.
9 Q What types of guns?
10 MR. RILEY: Objection. We can go off the
11 record, but I don't -- I don't want to get into his
12 personal life. We're here to discuss what happened that
13 evening, so I'm not sure if this is relevant. Do you
14 have some thoughts?
15 MR. MILLER: Sure. I think any, you know,
16 prior use of guns, understanding of how guns work,
17 training in guns is relevant in a shooting case.
18 MR. RILEY: It is, but his ownership of
19 personal possessions, TVs, guns, et cetera, I don't
20 think we want to go there.
21 MR. MILLER: I think what type of guns he uses
22 and owns --
23 MR. RILEY: Uses on the force?
24 MR. MILLER: If you want to just say uses
25 personally, that's fine. Whether he actually owns it, I
14
NEAL BROWDER
1 don't care but as long as --
2 MR. RILEY: Okay.
3 MR. MILLER: -- I can get into what he uses.
4 MR. RILEY: Fair enough.
5 MR. MILLER: Okay.
6 MR. RILEY: Sure.
7 BY MR. MILLER:
8 Q What type of guns do you use in your personal
9 life to train?
10 MR. RILEY: Objection. We're not going into
11 his personal life. We're here to discuss what happened
12 on the evening of the event and anything related to his
13 police life. I don't know why you keep interjecting
14 personal stuff in here. I think you could ask the
15 question in a way that doesn't invade his home, his
16 family, his wife, his kids. We want to stay away from
17 that personal side of it. If that's not where you're
18 going, that's fine, but it sounds like you're trying to
19 go there.
20 MR. MILLER: But let me -- let me be clear
21 because I'm not trying to get into your life with your
22 wife and kids. What I -- what I understand is time you
23 spend practicing with a gun.
24 MR. RILEY: That's a fair question.
25
15
NEAL BROWDER
1 BY MR. MILLER:
2 Q And let's start with outside of the San Diego
3 Police Department.
4 A Yeah, there, again, I -- I try to go at least
5 once a month if I can, depending on what I have going on
6 at home. So I would just estimate probably once a
7 month, probably.
8 Q Okay. Once a month for the last how many
9 years?
10 A Probably -- consistently probably the last --
11 about like maybe five years or so.
12 Q What type of gun -- guns have you used?
13 A As far as training goes or --
14 Q Uh-huh.
15 A Majority of the time, just my handgun.
16 Q And what type of gun is that?
17 A I have a Glock 21. It's a 45.
18 Q 45 caliber?
19 A Yes.
20 Q And what type of police -- in your line of
21 work as a police officer in the last five years, what
22 type of guns have you used?
23 A Can you be a little more specific as far as --
24 Q Let's start with training. What type of guns
25 have you been trained on?
16
NEAL BROWDER
1 A Okay. I've been trained on an AR-15, a 308
2 rifle, the Glock 21, MP-5. Those -- yeah, those are the
3 ones.
4 Q And is the Glock 21, is that different than
5 the Glock that was used on the night of the incident in
6 April of 2015?
7 A No, it's the same one.
8 Q Same gun?
9 A Uh-huh.
10 Q And the Glock 21 is a 45 caliber?
11 A Yes.
12 Q And focusing on -- on the Glock 21, over the
13 past 10 years at -- while at the San Diego Police
14 Department, how many -- how much time have you spent
15 training with the Glock?
16 A With that particular gun?
17 Q Yes.
18 A I'd estimate -- I would say five years with
19 that particular gun.
20 Q During those five years, do you -- do you have
21 any -- how many number of hours or how often you would
22 train with the -- with the Glock?
23 A There again, it's -- we have to qualify every
24 four months. In addition to that, just when I train,
25 probably, you know, once a month when I go out and train
17
NEAL BROWDER
1 with it on my own.
2 Q And did you -- in those five years, did you
3 always qualify?
4 A Oh, yes.
5 Q And were you given a rating or a measure of
6 accuracy with the gun?
7 A Yes. If you shoot a certain score, you can
8 get a level of what they consider an expert.
9 Q Did you obtain that level?
10 A Yes, I have.
11 Q And how many times have you obtained the level
12 of an expert marksman with a Glock?
13 A With that particular gun?
14 Q Yes.
15 A I'd estimate three.
16 Q And to obtain the level of an expert with the
17 Glock 21, do you -- do you have any knowledge of -- is
18 that a -- is that a hard thing to do? How many -- what
19 percentage of officers obtain that, that level?
20 A I don't know the exact number as far as who
21 actually would qualify as an expert, but it's a set
22 course of fire and you only can miss, I believe -- it's
23 five rounds off of a particular scored target, so if you
24 miss less than five rounds, then you can obtain the
25 level expert -- what they consider to be expert.
18
NEAL BROWDER
1 Q And how many rounds do you fire in the test?
2 A During the test, I want to say for the course
3 of fire I believe it's 20.
4 Q Okay. So you need to hit -- you need to hit
5 the target 15 to 20 times?
6 A Well, to obtain the level of expert you only
7 can miss five rounds, and we're not saying miss the
8 target completely, we're just saying that if it's -- if
9 it's a silhouette target, it's -- there is a scoring
10 target within that target that is clearly marked. So if
11 you miss five rounds outside -- let's consider like the
12 10 zone, which would be center mass, then it's not that
13 you're failing the course of fire, it's just that you --
14 you won't reach the level of expert, I guess.
15 Q So you can still pass the test?
16 A Oh yeah, yes.
17 Q Okay. And when you say "center mass," center
18 mass of what?
19 A Center mass of the target.
20 Q And what is the target shaped like?
21 A The target we normally use is called a bottle
22 -- a bottle-shaped target. It's a silhouette target.
23 And then within that target, there's -- it's numbered,
24 and that's how they -- that's how the target is scored,
25 based on the number system.
19
NEAL BROWDER
1 Q Is the shape supposed to be similar to a human
2 body?
3 A It's -- I would say it's similar to a human
4 body, yes. It's the shape of a body if you were to look
5 at it.
6 Q And what part of the -- of the -- of the
7 target are you aiming for, is it the -- what would be
8 the chest area of the human body?
9 A Yes.
10 Q Okay. And have you obtained the level of
11 expert with any other guns besides the Glock 21?
12 A To my knowledge, no, no. I believe it's with
13 the 21.
14 Q And the Glock 21 is the gun you use most
15 often, once a month or so, you train on your own,
16 correct?
17 A Yes.
18 Q Are you a member of the Special Weapons --
19 Special Weapons And Tactics, otherwise known as SWAT, at
20 San Diego Police Department?
21 A Yes.
22 Q How long have you been a member?
23 A 22 years.
24 Q And what type of test or proficiency with
25 respect to use of firearms did you have to obtain to
20
NEAL BROWDER
1 become a member of SWAT?
2 A Well, you have to go through the SWAT academy
3 and then there is a -- what we call a standards test
4 that you have to pass in order to make the team.
5 Q So you went through the SWAT academy about
6 22 years ago?
7 A Yes.
8 Q And you passed?
9 A Yes.
10 Q How many officers are on SWAT, if you know?
11 A As of right now? Let's see, we're allotted
12 100, and I believe we're anywhere between 86 to 90 on
13 the team.
14 Q And do you have an estimate of how many SWAT
15 missions you've done since you've been a member?
16 A Now, as far as missions go, are we talking
17 about warrant services in addition to the missions or
18 actual missions itself?
19 Q Let's do actual missions first.
20 A Actual missions, I would -- let's just say
21 15 actual missions.
22 Q And then how about with the services as well?
23 A With the warrant services, in addition to the
24 missions, I would estimate, over 22 years, let's go with
25 150.
21
NEAL BROWDER
1 Q And what is the -- could you tell me the --
2 the training that you went through at SWAT to become a
3 member?
4 A Well, you have to interview for the position.
5 You have to pass a physical agility test, and then once
6 you -- and also you have to pass a -- an additional
7 firearms proficiency test that they have set up. Once
8 you meet those requirements, then if you're elected to
9 go to the SWAT academy, then you attend the SWAT
10 academy, which is three weeks long.
11 Q And does part of the SWAT academy -- academy
12 training include firearms?
13 A Yes.
14 Q Are there any particular firearms that are
15 used in SWAT and not used by officers on regular patrol?
16 A Yes.
17 Q What are those firearms?
18 A Well, when I first was on the team, it was
19 just only the MP-5. There are three weapons systems
20 that we use, which is the MP-5, the shotgun, and then
21 also your handgun. And now that's expanded out to -- we
22 no longer -- even though you can still carry the shotgun
23 on duty as a patrol officer, but as far as being a team
24 member on SWAT, we have the AR-15, the MP-5 and our
25 handgun.
22
NEAL BROWDER
1 Q So as far as the Glock -- the Glock 21, you
2 would -- you're fairly -- you're pretty good with a gun,
3 you're proficient with it; would you agree?
4 A To whose standard? To department standard?
5 Q Department standard.
6 A I'm pretty proficient with it, yes.
7 Q How about -- other than SWAT, are you a member
8 of any other particular teams or divisions within the
9 department?
10 A Other than SWAT, as far as -- can you clarify
11 that, as far as? I'm not sure what you're asking.
12 Q Let me -- let me try again.
13 A Okay.
14 Q Have you -- have you achieved any
15 certifications with respect to firearm use at the
16 department?
17 A Oh, any other certain certifications?
18 Q Yes.
19 A No, that's -- that's just it, other than just
20 our qualification sheets through the police department
21 and just our -- we have to do a standard shoot through
22 SWAT, which is also -- that's a quarterly shoot, so --
23 and that's just to be certified in the weapons system
24 that we use for SWAT.
25 Q What type of missions are SWAT called in for?
23
NEAL BROWDER
1 A It could be anything related to hostage
2 rescue. It could be barricaded suspect situations.
3 Those are the prime examples. There, again, we do
4 harvest warrant services any time where an incident
5 commander may need additional equipment and resources
6 that we have available on the team that they could use
7 as a resource to resolve a particular incident.
8 Q And have you -- have you ever been -- obtained
9 any training or certification as a sniper?
10 A Yes.
11 Q Okay. Tell me what certification you've
12 achieved.
13 A Now, to become a sniper on the SWAT team? Is
14 that what you're referring to?
15 Q A sniper with the San Diego Police Department
16 either in SWAT or without.
17 A Okay. So in order to be a sniper, you have to
18 be on the SWAT team.
19 Q Okay.
20 A So -- and that's one of the positions applied
21 for, and there again you have to go through an interview
22 process and also there's a proficiency -- a firearms
23 proficiency course that you have to perform. And once
24 you're selected, then you have to go through a -- it's
25 called a sniper academy which is put on through our
24
NEAL BROWDER
1 unit. In addition to that, you have to be P.O.S.T.
2 certified by going through a sniper -- basic sniper
3 course.
4 Q And when did you apply to become a sniper with
5 SWAT?
6 A The first time was in 1998 when I made the
7 team, and then I left the team back in '98, and I've
8 been currently on the team now for, I believe, six --
9 six years, I think, currently.
10 Q You've been on the sniper team?
11 A Yes.
12 Q And how many officers are on the sniper team
13 now?
14 A There's ten officers and two supervisors.
15 Q Are you a supervisor or an officer?
16 A Officer.
17 Q And that's ten officers in the entire
18 department that are on the sniper team?
19 A Yes.
20 Q And those ten officers are -- they have to be
21 members of SWAT as well, correct?
22 A Yes.
23 Q Okay. And did you -- so you -- you passed all
24 of the proficiency certification requirements to become
25 a sniper, correct?
25
NEAL BROWDER
1 A Yes.
2 Q And what type of guns did you train on --
3 train with to become a sniper?
4 A Our primary weapon system is the 308, the
5 rifles, the 308 rifle.
6 Q I'm sorry. What? What was that?
7 A It's a 308 rifle.
8 Q And did you have to pass accuracy -- to be
9 tested for accuracy with the 308 rifle?
10 A Yes.
11 Q And did you pass those tests?
12 A Yes.
13 Q And what type of missions are -- is the sniper
14 team called in for?
15 A Well, what we consider a Code 11, which means
16 that it can be a hostage rescue situation or any type of
17 barricaded suspects, and those are primarily the two
18 main focal points that we would respond to, so any Code
19 11s or Code 12s, responses.
20 Q And have you -- have you ever taught firearms
21 to other officers at the San Diego Police Department?
22 A Informally or formally? Because informally, I
23 -- to answer that question, I would say yes. But
24 formally, no.
25 Q Okay. What have you done informally to teach
26
NEAL BROWDER
1 other officers about firearms?
2 A Well, just essentially -- you know, we have
3 officers that would come up to me, just for the fact of
4 being on the SWAT team so -- and they just ask for --
5 for, you know, additional guidance to -- you know, as
6 far as, you know, it can be weapons handling, to shoot
7 more accurately, those types. So I just give them tips
8 regarding that, you know.
9 Q And you -- but you -- but as far as formally
10 within the department, have you ever taught a course
11 using firearms?
12 A No, not in the department, no.
13 Q Have you ever taught a course anywhere in the
14 use of firearms?
15 A Yes.
16 Q Where did you teach?
17 A I used to teach security officers. I used to
18 run a course for security officers, so that's where I
19 would actually -- that's where I taught a firearms
20 course.
21 Q These are private security officers?
22 A Yes.
23 Q When did you teach that course?
24 A Oh, this is years ago. I would probably say
25 maybe about ten years ago.
27
NEAL BROWDER
1 Q Okay. And so -- have you ever been a firearms
2 instructor for the San Diego Police Department?
3 A No.
4 Q Going back to the Glock 21, is there a safety
5 on that gun?
6 A On the Glock 21, there's no external safety,
7 no.
8 Q So the gun is -- it's ready to shoot if you
9 pull the trigger? You don't have to flip a switch
10 anywhere?
11 A Correct.
12 Q Is -- is there any type of safety?
13 A I think it has an internal thing that blocks
14 the hammer, but there again I don't -- I'm not a Glock
15 armor so I'm not -- I really can't go into any
16 information regarding the internal safety.
17 Q Understood. Do you -- are you -- would you
18 describe the Glock as having -- well, could you tell me
19 how much pressure is required when you depress your
20 finger to pull the trigger on the Glock?
21 A The poundage, I think the minimum -- the
22 minimum poundage can be three pounds, and I think it can
23 go up to seven pounds, I believe. Between three to
24 seven pounds.
25 Q Okay. And do you know what the difference --
28
NEAL BROWDER
1 does that depend on different types of Glock?
2 A It depends on how it comes from the
3 manufacturer, and I don't know if it's different for
4 every Glock, but I think that's the range -- the trigger
5 poundages, from three to seven, I believe.
6 Q And in your experience with the -- the other
7 guns that you described, was that poundage more or less
8 than the AR-15?
9 A We're talking about the average?
10 Q Uh-huh.
11 A I'd probably say more, more than average.
12 Q How about the MP-5?
13 A I probably would say either about the same or
14 more than the M-5.
15 Q And in -- at the time of the -- and we'll get
16 into more detail of the, you know -- the incident in
17 this case. At the time that you were -- April 30th,
18 2015, did you have any knowledge as far as how many
19 pounds per pressure were needed to pull the trigger on
20 your Glock?
21 A Prior to the incident?
22 Q Yes.
23 A Yes.
24 Q And how much -- and how many pounds of
25 pressure were needed to pull the trigger on your Glock
29
NEAL BROWDER
1 prior to the April 30th, 2015 incident?
2 A Well, in order to use my handgun, it has to be
3 checked at the range, and part of their process is in
4 order to authorize you to carry that gun on duty is that
5 they check the trigger poundage on -- to check to see
6 how many pounds of pressure are on your trigger, I would
7 say. And what I can remember on mine at the time when
8 it was authorized for me to carry on duty, it was over
9 three pounds. The exact amount of pounds, I don't
10 remember.
11 Q But it was -- was it less than four pounds?
12 A It may have been between three to four pounds.
13 Q That's your best memory?
14 A That would be my best memory because they were
15 not authorized to be carried on duty if it was under
16 three pounds.
17 Q Three is the cut-off?
18 A Three's the cut-off, yes.
19 Q And how about after --
20 MR. RILEY: Can we take a break here, please?
21 MR. MILLER: Oh, sure. Yeah.
22 THE VIDEOGRAPHER: Going off the record. The
23 time is 10:11 a.m.
24 (A short break was taken)
25 THE VIDEOGRAPHER: Going back on the record.
30
NEAL BROWDER
1 The time is 10:18 a.m.
2 BY MR. MILLER:
3 Q Do you know whether after the -- well, after
4 the incident on April 30th, 2015, did you turn your gun
5 in so -- as part of the investigation?
6 A Yes.
7 Q And did you receive it back at any point in
8 time?
9 A Yes.
10 Q When did you receive it back?
11 A I would estimate maybe a week later.
12 Q Did anyone tell you anything about whether it
13 was tested as far as pounds per pressure?
14 A No.
15 Q Did that week, did you receive a replacement
16 gun to use?
17 A Yes.
18 Q Were you on duty that week?
19 A Can you clarify that?
20 Q Where were you working that week?
21 A I was put on administrative assignment.
22 Q What is administrative assignment?
23 A I was working at the office.
24 Q So you were working at a desk?
25 A Yes.
31
NEAL BROWDER
1 Q What were you doing?
2 A Administrative duties around the station,
3 processing tickets, things like that.
4 Q How long were you on administrative
5 assignment?
6 A For a month, I believe.
7 Q After that month, were you put back on patrol?
8 A Yes.
9 Q Have you received training in the use of --
10 use of force?
11 A Yes.
12 Q And have you received training on the, you
13 know, difference between a use of deadly force versus
14 non-deadly force?
15 A Yes.
16 Q When -- in your training and experience, when
17 is it appropriate to use deadly force?
18 A When your -- when your life or someone else's
19 life is in danger of great bodily injury or death.
20 Q Did you receive any training as far as how to
21 deal with a suspect who is armed with a knife?
22 A Can you be more specific as far as your
23 question?
24 Q Sure. Did you receive any training as far as
25 how to respond or handle a situation in which you are in
32
NEAL BROWDER
1 fairly close contact with someone who has a knife?
2 A We received academy training regarding edged
3 weapons.
4 Q What type -- what type of training?
5 A They essentially talked about the dangers of
6 someone with edged weapons and also they talked about
7 how to address the immediate threat if someone
8 presented -- if someone -- someone actually presented an
9 edged weapon or something to that effect. It was all
10 academy related stuff.
11 Q And this goes back to your training when you
12 first joined the police department?
13 A Right.
14 Q Did you receive any training as far as how to
15 deal with someone with an edged weapon after that?
16 A After the academy?
17 Q (Attorney nodded his head)
18 A I was just thinking. I'm sorry. Yes.
19 Q What type of training?
20 A During -- we have what's called advanced
21 officers training which is -- it's additional training
22 that takes place once a year, and during that course, we
23 probably received some additional training regarding
24 that.
25 Q Do you remember any specific training you
33
NEAL BROWDER
1 received as far as how to approach a suspect with an
2 edged weapon?
3 A I can't recall.
4 Q Would you agree that if you -- if a suspect
5 has an edged weapon, you should approach them with
6 caution?
7 A Yes.
8 Q And if a suspect has an edged weapon and
9 you're approaching them, would you agree you should have
10 your gun drawn?
11 MR. RILEY: Objection. Incomplete
12 hypothetical.
13 BY MR. MILLER:
14 Q You can answer if you understand.
15 A Can you repeat the question?
16 Q Sure. And by the way, I didn't cover that in
17 the beginning. Your counsel, as he has done, will
18 object throughout the deposition. Unless he instructs
19 you not to answer, I would ask that you answer my
20 question.
21 A Okay.
22 Q If you're approaching a suspect with a -- with
23 an edged weapon, you should have your gun drawn?
24 MR. RILEY: Objection. Incomplete
25 hypothetical.
34
NEAL BROWDER
1 THE WITNESS: So answer -- answer the
2 question?
3 MR. RILEY: Yes.
4 THE WITNESS: It depends on the circumstances.
5 In every occasion -- I mean, there's not every situation
6 where you would draw your handgun, but then there's a
7 lot of situations where you wouldn't, so I mean, it's
8 depending on the circumstances.
9 BY MR. MILLER:
10 Q And if someone -- but if someone does have an
11 edged weapon or knife, you should take steps to protect
12 yourself from being stabbed; agree?
13 MR. RILEY: Objection. Incomplete
14 hypothetical.
15 THE WITNESS: Yes.
16 BY MR. MILLER:
17 Q How many times have you fired your gun in the
18 line of duty?
19 A Are we including training? In addition to
20 training?
21 Q Let's -- let's -- let's do training first.
22 A Okay. So if we're considering training, so we
23 have monthly SWAT training, which we normally have a
24 course of fire to do, so that's once every month on the
25 average, and then our department training, which is once
35
NEAL BROWDER
1 every quarter for qualification shoots, and then --
2 yeah, so regarding that, yes, that's it.
3 Q And that's been true for the last five years
4 or six years since you joined SWAT?
5 A As far as my training?
6 Q Yes.
7 A Yes.
8 Q How about outside of training, how many times
9 -- putting aside the April 2015 incident -- have you
10 fired your gun in the line of duty?
11 A Twice.
12 Q When was the second time?
13 A Let's see. I want to say in 1998 --
14 Q Could you tell me the circumstances?
15 A -- or actually, 1999. We just had a suspect
16 that shot his roommate in the head and he barricaded
17 himself in their apartment.
18 Q And this was -- was this a SWAT mission?
19 A It turned out to be a SWAT mission, yes.
20 Q And were you on SWAT at the time?
21 A Yes.
22 Q And how many times did you fire your gun
23 during this mission?
24 A I believe seven.
25 Q Were you shooting at a suspect?
36
NEAL BROWDER
1 A Yes.
2 Q What type of gun did you fire?
3 A My AR-15.
4 Q Did you hit the suspect?
5 A No.
6 Q So other than the 1999 incident and the
7 April 2015 incident, have you ever fired your gun in the
8 line of duty as a San Diego Police Department officer?
9 MR. RILEY: Let me put an objection on the
10 record here. As I understand it, we are now in front of
11 the judge on a dispute whether some subsequent event --
12 subsequent to this particular incident is relevant or
13 not. How do you think we should handle that?
14 MR. MILLER: Well, my suggestion would be to
15 let him -- let him answer questions about it because,
16 you know, we're -- if we win that dispute, we'll want to
17 have him back here to answer questions, so, you know, my
18 preference is always to try and finish a deponent's
19 deposition so we don't have to bring them back for more
20 questions. So that would be what I would suggest, but
21 if you -- if it works for you.
22 MR. RILEY: Well, let's mark this portion of
23 the transcript and have it sealed for this point in
24 time, and then depending on how the court ruling goes,
25 then -- then we'll have it on record. How's that?
37
NEAL BROWDER
1 MR. MILLER: That's fair. So we're -- we're
2 sealing a portion of the deposition just with respect to
3 this particular subsequent shooting?
4 MR. RILEY: Any shooting that occurred
5 subsequent to the event.
6 MR. MILLER: Okay.
7 ///
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ///
38
NEAL BROWDER
1 ///
2
3
4
5
6
7
8
9
10
11 ///
12 BY MR. MILLER:
13 Q Are you -- are you currently on patrol?
14 A No.
15 Q What are you doing now?
16 A I work at the FTO Administration Office.
17 Q And what does FTO stand for?
18 A Field training office.
19 Q What do you do there?
20 A Administrative duties. We're assigned
21 trainees to field officer, scheduling.
22 Q How long have you worked there?
23 A Since February.
24 Q Since February of 2016?
25 A Yes.
42
NEAL BROWDER
1 Q And let's say the last five years, could you
2 estimate how many arrests that you've made while a
3 San Diego police officer?
4 A Can you be more specific as far as the
5 arrests? Is it a generalization or DUI arrests, how
6 many misdemeanor arrests, felony arrests?
7 Q Overall arrests.
8 A People I've booked into custody or people that
9 I've cited?
10 Q Put aside traffic stops.
11 A In the past five years?
12 Q (Attorney nodded his head)
13 A Let's just go conservatively -- let's just say
14 150.
15 Q 150 arrests?
16 A Yes.
17 Q And in past five years, how many suspects have
18 you interviewed?
19 A For criminal cases or just for physical
20 arrests?
21 Q Criminal cases.
22 A I'd estimate -- let's just say 100.
23 Q 100 suspect interviews in criminal cases. And
24 at the department, did you receive any training as far
25 as how to interview suspects?
43
NEAL BROWDER
1 A Yes.
2 Q What type of training?
3 A Academy training, and I believe I attended a
4 -- an interrogation class years ago. I don't recall
5 what year I attended.
6 Q Did you receive any training as far as the
7 importance of trying to interview suspects close in time
8 to when the alleged crime was committed?
9 A Yes.
10 Q What type of training?
11 A Well, that's just -- you know, it's part of
12 the academy training, you know, just -- you know, you
13 want to try to interview the suspect as soon as you can
14 within reason.
15 Q Why is that?
16 A Just to get their side of the story of what
17 happened for accuracy.
18 Q When you say "for accuracy," why is it good to
19 interview them as soon as you can?
20 A Because you essentially want to get their side
21 of the story of whatever event that they may be involved
22 in.
23 Q But you want to get it close in time to the
24 incident, correct?
25 A Yeah, you try.
44
NEAL BROWDER
1 Q So if it's possible, you try to get it close
2 in time to the incident?
3 MR. RILEY: Incomplete hypothetical. Lacks
4 foundation. Calls for speculation.
5 BY MR. MILLER:
6 Q Can you answer?
7 A Oh, as soon as you can. You try to interview
8 the suspect as soon as you can.
9 Q And would you tell me in your experience why
10 it's important to interview suspects as soon as you can
11 after an alleged incident?
12 MR. RILEY: Objection. Asked and answered.
13 Incomplete hypothetical. It depends on the
14 circumstances. It's an unfair question. Go ahead and
15 answer if you can.
16 MR. MILLER: Okay. Counsel, just going
17 forward, if we could avoid coaching. I would appreciate
18 it if we could just keep objections to what's
19 permissible.
20 MR. RILEY: Objection. Incomplete
21 hypothetical. Lacks foundation. Assumes facts not in
22 evidence. It's -- lacks all the circumstances for
23 anything related to this incident and irrelevant.
24 THE WITNESS: You just try to interview the
25 suspect, you know, within reason whenever possible just
45
NEAL BROWDER
1 to get an accurate statement.
2 BY MR. MILLER:
3 Q So it's important in order to get an accurate
4 statement.
5 MR. RILEY: Objection. Incomplete
6 hypothetical again. Assumes facts not in evidence. It
7 doesn't describe all the circumstances of this event.
8 MR. MILLER: That last one, I think, again is
9 not an objection that's permissible under the code, so
10 I'd ask that you try not to do that. I'd appreciate it.
11 THE WITNESS: So with the -- it's, you know,
12 you try to interview the suspect as soon as possible.
13 BY MR. MILLER:
14 Q Do you -- in your career, have you -- have you
15 received any promotions since you started?
16 A Promotions as far as rank?
17 Q Yes.
18 A As far as -- well, I'm just trying to -- to
19 clarify that because you have pay grades, you know,
20 steps that, you know, which is -- but as far as your
21 rank, I'd say no.
22 Q But pay grade increases you've received?
23 A Yeah, pay grade increases.
24 Q Okay. Prior to this April 2015 incident, had
25 you ever been investigated in any use of force
46
NEAL BROWDER
1 incidents?
2 A Okay. Can you be more specific on that as far
3 as --
4 Q Yeah, let me -- let me try and be more
5 specific. Have you been interviewed in any use of force
6 incidents involving your use of force?
7 A Well, we're talking the span of my career or
8 just any particular time frame or --
9 Q The span of your career.
10 A Yes.
11 Q On how many occasions?
12 A I -- I don't recall.
13 Q Has it ever been determined by the San Diego
14 Police Department that you used excessive force?
15 A Are we talking the span of my career?
16 Q Uh-huh.
17 A Yes.
18 Q On how many occasions?
19 A One.
20 Q When was that?
21 A 20 years ago.
22 Q Could you describe the circumstances?
23 A From what I can recall, we were looking for a
24 domestic violence suspect, and while taking him into
25 custody, he started to resist and he was exhibiting
47
NEAL BROWDER
1 assaultive behavior and that's when he was forced.
2 Q And who determined that the force used was
3 excessive?
4 A Internal Affairs, during their investigation.
5 Q What type of force did you use?
6 A I used an impact weapon.
7 Q Which weapon?
8 A It was my PR-24.
9 Q Is that a baton?
10 A Yes.
11 Q Did you strike the suspect with the baton?
12 A Yes.
13 Q How many times?
14 A Twice.
15 Q Where did you hit the suspect?
16 A Let's see. The first impact was a jab and
17 that was to -- to the stomach area, and then the second
18 impact was to his calf, I believe.
19 Q Were any other officers involved in that
20 incident?
21 A Yes.
22 Q How many?
23 A I'd estimate between four to five.
24 Q Four to five. This happened on the street?
25 A It was inside the apartment.
48
NEAL BROWDER
1 Q Inside an apartment?
2 A Yeah.
3 Q And were the other four to five officers in
4 the apartment with you?
5 A Yes.
6 Q Were you -- at the time that you struck him
7 with the baton, were you trying to subdue the suspect?
8 A Yes.
9 Q How many other officers were trying to subdue
10 the suspect?
11 A Initially there were just two. It was myself
12 and one other officer.
13 Q And then more officers joined?
14 A Right.
15 Q When you -- how many officers were trying to
16 subdue the suspect when you struck the suspect with the
17 baton?
18 A The second time?
19 Q The first time.
20 A There was only two officers. There was myself
21 and another officer from the department.
22 Q And when you struck the suspect the second
23 time in the calf, how many officers were trying to
24 subdue him?
25 A There were, I believe, four. Four officers
49
NEAL BROWDER
1 that were trying to subdue him.
2 Q And was the suspect on the ground at the time?
3 A Yes.
4 Q So four officers beside yourself were trying
5 to subdue the suspect at that time?
6 A Yes.
7 Q And while the four officers were trying to
8 subdue the suspect, you struck him in the calf with a
9 baton?
10 A Yes.
11 Q Did Internal Affairs determine that both
12 strikes were excessive?
13 A I think the findings on that was it wasn't the
14 amount of force that was successful, they said that I
15 should have opted for a different force option.
16 Q Did they tell you which force option you
17 should have opted for?
18 A They wouldn't clarify that, no.
19 Q But they said a lesser force option would
20 have --
21 A They didn't say a lessor force option; they
22 just said I should have opted for a different force
23 option.
24 Q Were you disciplined as a result of that
25 incident?
50
NEAL BROWDER
1 A Yes.
2 Q What type of discipline?
3 A It was a -- I believe it was a written
4 reprimand.
5 Q A written reprimand?
6 A Uh-huh.
7 Q Who wrote the reprimand, do you know?
8 A I have no idea. It was through Internal
9 Affairs.
10 Q Were you docked in pay as a result of that?
11 A No, no.
12 Q Were you suspended as a result of the
13 incident?
14 A No.
15 Q Did you have to undergo any training as a
16 result of that incident?
17 A No.
18 Q So other than the written reprimand, there was
19 no other discipline?
20 A No, that was it.
21 Q Have there been any other times where it was
22 determined by Internal Affairs or anyone else at the
23 police department that you used excessive force?
24 A No.
25 Q Are you aware of complaints against you by
51
NEAL BROWDER
1 suspects who claim you used excessive force during your
2 career?
3 A Yes.
4 Q On how many occasions?
5 A Over 28 years, I can't give you an exact
6 number on that. I have no idea. Sometimes if someone
7 calls in a complaint, I mean, t's not even brought to
8 your attention. It can be handled by a supervisor or
9 whoever they call in to.
10 Q How many of those complaints resulted in an
11 actual investigation?
12 A Through the command or through Internal
13 Affairs?
14 Q Through Internal Affairs.
15 A And we're talking about the expanse of my
16 career, I'd estimate maybe less than five, maybe.
17 Q How about through the command?
18 A That, I don't know. I can't remember all
19 that.
20 Q Okay. Do you wear glasses or contacts, by the
21 way?
22 A Contacts.
23 Q And that for -- seeing things far away, seeing
24 things close or both?
25 A I'm near-sighted.
52
NEAL BROWDER
1 Q Okay. What's your -- what is your vision, if
2 you know?
3 A I think it's 250 in one eye and 300 in the
4 other.
5 Q And in April 2015, was that your -- do you
6 know what your vision was then?
7 A Probably the same.
8 Q I'm sorry. What was it?
9 A I believe it's 250 in one eye and 300 in the
10 other.
11 Q Were you wearing contacts on the evening of
12 April 30th, 2015?
13 A Yes.
14 Q And you need the contacts to see things far
15 away?
16 A Yes.
17 Q And how long have you worn contacts for?
18 A I believe since I was 16.
19 Q Do you wear glasses as well or just contacts?
20 A Primarily contacts.
21 Q And when you're -- when you're on duty as a
22 San Diego police officer, say in the last ten years,
23 have you worn contacts consistently?
24 A Yes.
25 Q And with your vision, you need the contacts to
53
NEAL BROWDER
1 perform your job; would you agree?
2 A Yes.
3 Q Okay. The evening of April 30th, 2015, you
4 were in a parking lot somewhere near where the incident
5 happened, correct, before when you received a call?
6 A Oh, when I initially received the call?
7 Q Yes.
8 A Yes, I was in a parking lot.
9 Q And where was that parking lot located?
10 A It would be on the south side of Sports Arena
11 Boulevard.
12 Q And about how far from the location of the
13 incident was that -- driving?
14 A Three to four blocks, probably.
15 Q So very close.
16 What were you doing in your car?
17 A From what I can recall, I believe I was
18 getting some paperwork together for the sergeant's exam
19 that I was planning on taking.
20 Q And do you recall when the sergeant's exam was
21 that you were planning on taking?
22 A That, I don't recall.
23 Q You were studying?
24 A I was getting some material together to study,
25 yes.
54
NEAL BROWDER
1 Q And you were by yourself in the car?
2 A Yes.
3 Q Did you have a partner at the time?
4 A No.
5 Q Is there any reason you didn't have a partner
6 at the time?
7 A No, it can be due to staffing. I have no
8 idea.
9 Q Is it more common to have a partner when
10 you're on patrol than not?
11 A Not necessarily.
12 Q Sometimes you patrol by yourselves?
13 A Uh-huh.
14 Q And around that time frame, April 2015, you
15 were patrolling by yourself the majority of the time?
16 A Yes.
17 Q Okay. Well, what -- who initially called you?
18 A Can you clarify that as far as --
19 Q Sure. What was the -- tell me the first time
20 you learned that there was some type of activity that
21 you needed to respond to on April 30th, 2015.
22 A That came out through our communications,
23 dispatch.
24 Q Okay. And what did dispatch tell you?
25 A Well, she assigned two units that were
55
NEAL BROWDER
1 responding from the beach to a call at an adult book
2 store.
3 Q When you say "she," who is she?
4 A The dispatcher.
5 Q And were you one of those two units?
6 A No, not initially.
7 Q So do you know who those -- when you say "two
8 units," do you mean two separate patrol officers?
9 A Yes.
10 Q Okay. And do you know who those officers that
11 were assigned to the call were?
12 A Officer Dan Laughlin and Officer Vincent Dow
13 (phonetic).
14 Q Were they partners?
15 A No.
16 Q So the two units were separate vehicles?
17 A Yes.
18 Q And did you volunteer to handle the call?
19 A I volunteered to respond to the call, yes.
20 Q And did the dispatcher -- what did the
21 dispatcher say when you volunteered?
22 A She -- she assigned me to the call.
23 Q Okay. And why did she assign you to the call?
24 A Because I volunteered.
25 MR. RILEY: Objection. Calls for speculation.
56
NEAL BROWDER
1 BY MR. MILLER:
2 Q Did she tell you why she assigned you to the
3 call -- why she assigned you to the call?
4 A Well, I volunteered to go to the call.
5 Q Okay. And was it a certain type of call, you
6 know, in -- in the coding system as far as what type of
7 call it was?
8 A The call came in as a male threatening the
9 clerk with a knife.
10 Q And were you given a description of the male?
11 A Yes.
12 Q Do you recall the description that was
13 provided?
14 A It was provided through -- our dispatcher?
15 Q Yes.
16 A I believe she said it was an Asian male
17 wearing a gray sweater and I believe gray shorts.
18 Q And was there a height or weight description
19 provided to you by the dispatcher?
20 A I believe there was a height. I don't recall
21 what the height was.
22 Q And after you received that call, did you go
23 to the scene of the incident?
24 A Yes.
25 Q And did you drive there?
57
NEAL BROWDER
1 A Yes.
2 Q On your drive there, did you make any other
3 calls, either with your cell phone or on your police
4 radio?
5 A To my knowledge, no.
6 Q And when was the next time you spoke to
7 anyone, either by dispatch -- well, let me -- let me ask
8 a different question.
9 Did you use your cell phone -- from the time
10 you received the initial call from dispatch until the
11 time of the shooting, did you use your cell phone at all
12 to call anyone or text anyone?
13 A Not that I can recall, no.
14 Q Okay. So after that first dispatch call, when
15 was the next time you -- you spoke to anyone?
16 A Just when I advised the dispatcher I was going
17 to be en route to the call.
18 Q Okay. And then when you arrived at the scene,
19 did you speak to dispatch again?
20 A Yes.
21 Q Okay. And did you speak to the same person at
22 dispatch?
23 A I believe so.
24 Q Okay. Was it a woman?
25 A Yes.
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NEAL BROWDER
1 Q Okay. Do you know the woman's name?
2 A I believe the dispatcher that was working at
3 the time -- I believe her last name is Cavanaugh.
4 Q Did you know her personally?
5 A No.
6 Q And during the second call, tell me the
7 conversation between you and Ms. Cavanaugh.
8 A Well, that's when I put myself on scene.
9 Q Okay. And was there another call after that
10 before the shooting?
11 A She was giving updates regarding the -- the
12 actions of the suspect, and I believe the last
13 information I received from communications was that the
14 witness or victim last saw the suspect leaving through
15 the alley.
16 Q Okay. And so did you receive any other
17 updates about the suspect?
18 A Other than the fact that he was threatening
19 the reporting party with a knife, and the next update
20 that I can remember was they last saw him either leaving
21 through the parking lot towards the alley, and that was
22 the last update that I can remember.
23 Q Okay. And no one from dispatch ever told you
24 that the suspect had a gun, correct?
25 A No.
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1 Q When you say "no," that's correct, no one ever
2 told you?
3 A No, no one ever told me he had a gun, no.
4 Q So -- and no one told you he had any type of
5 weapon other than a knife, correct?
6 A No, just from what the reporting party stated,
7 that he was armed with a knife.
8 Q And the reporting party, they did not tell you
9 he was armed with anything else, right?
10 A That's the only information I received is
11 that.
12 Q So -- okay. So you were looking for an Asian
13 male fitting that description that may be armed with a
14 knife, correct?
15 A Yes.
16 Q And when you arrived on the scene, did you --
17 were your -- were the headlights on on your police
18 vehicle when you arrived?
19 A Do you mean just the regular lights on --
20 Q Regular lights.
21 A -- the car? Yes.
22 Q And was your siren on?
23 A No.
24 Q Were the police lights on top of your car on?
25 A No.
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1 Q And when I say "the police lights on top of
2 your car," are those -- are those red and blue?
3 A Yes.
4 Q Okay. At any point in time on April 30th,
5 2015 before the shooting, did you turn on your police
6 lights or your siren?
7 A No.
8 Q And did you -- when was the first time you saw
9 any other -- any other people when you arrived?
10 A That's -- when I initially arrived on scene, I
11 saw two -- two individuals in the parking lot.
12 Q And when you arrived, did you see them after
13 you had parked your police car?
14 A No I saw them before --
15 Q Okay.
16 A -- I get out of the car.
17 Q Did you speak to either of those individuals?
18 A No. No, I did not.
19 Q What direction were they, from where you were
20 facing when you pulled up?
21 A I believe one individual was standing more
22 towards the middle of the parking lot and I want to say
23 the second individual was -- I can't recall exactly what
24 his location was, but I want to say it was somewhere in
25 the parking lot by the parked cars. I know for a fact
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1 there were two people in the parking lot when I pulled
2 up.
3 Q And do you -- about how far away from you were
4 the two individuals?
5 A Well, when I initially saw them, I was on
6 Hancock Street. I would probably say -- maybe two car
7 lengths, two, two and a half car lengths.
8 Q And car lengths, you mean the long way?
9 A Right.
10 Q When did you first see -- did you -- well, did
11 you come to learn that the individual that -- that you
12 shot is named Fridoon?
13 A Yes.
14 Q When did you first see Fridoon when you
15 arrived at the scene?
16 A Shortly after I turned into the alley is when
17 I saw him.
18 Q And when you first saw him, were the
19 headlights on your police car on?
20 A Yes.
21 Q At some point did you switch your bright
22 headlights on in the police car?
23 A Yes.
24 Q At what point in time did you do that?
25 A Probably -- well, not probably, but as soon as
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1 I made that left turn into the alley, I turned my high
2 beams on.
3 Q Okay.
4 A I don't mean to interrupt you. Can I take a
5 break real quick? I just have to use the bathroom.
6 MR. MILLER: Absolutely.
7 THE VIDEOGRAPHER: This marks the end of media
8 number 1 in the deposition of Neal Browder. We are
9 going off the record at 11:06 a.m.
10 (A short break was taken)
11 THE VIDEOGRAPHER: We are back on the record
12 at 11:20 a.m. and this marks the beginning of media
13 number 2 of the deposition of Neal Browder.
14 BY MR. MILLER:
15 Q Why did you turn on your bright headlights?
16 A To provide more light down the alley.
17 Q So you could see the -- better see the
18 suspect?
19 A Yes.
20 Q And are police cars -- are they outfitted with
21 particularly bright lights, do you know, or are they
22 similar to bright lights on a regular car?
23 A Just standard lights, you know, for that
24 particular car.
25 Q What type of car were you driving?
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1 A It was a Ford Crown Victoria.
2 Q And from the time -- so you say you turned the
3 headlights on when you turned into the alley; is that
4 correct?
5 A Shortly after I turned into the alley.
6 Q Okay. And you kept the bright headlights on
7 throughout the -- until you fired your gun, correct?
8 A Yes.
9 Q And when you saw Fridoon, did he match the
10 description of what you -- of what you heard on the
11 dispatch call?
12 A I confirmed the description with dispatch.
13 Q When you say you "confirmed," when did you do
14 that?
15 A Shortly after I saw Fridoon.
16 Q Did you get out of your car before you
17 confirmed?
18 A No.
19 Q Okay. And when you confirmed, what did
20 dispatch tell you?
21 A I gave the description of what he was wearing
22 and -- well, no, actually, I asked her the description
23 of the suspect again and she broadcast it over the radio
24 again.
25 Q And they -- and you confirmed that the
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1 description matched?
2 A Yes.
3 Q And could you -- when you observed Fridoon,
4 could you describe his -- his height, his weight?
5 A He appeared to be between five eight and five
6 ten, thin build.
7 Q A thin, skinny build?
8 A He was thin.
9 Q And when you first saw him, did you see if he
10 was holding anything?
11 A When I initially saw him?
12 Q (Attorney nodded his head)
13 A Not initially, no.
14 Q So initially, you couldn't see anything in his
15 hands?
16 A I knew he had something in his hand, but I
17 couldn't tell what it was.
18 Q Okay. And how far away was he when you first
19 saw him?
20 A Probably two to three car lengths.
21 Q Okay. And what direction was he facing when
22 you first saw him?
23 A He was facing me, so that would be -- he was
24 facing northbound.
25 Q And was he standing? Was he moving?
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1 A Oh, he was moving, yeah.
2 Q And was he walking?
3 A He was -- he was -- I would say that he was
4 moving with a purpose would be the best way to describe
5 it.
6 Q And when you say "moving with a purpose," what
7 do you mean?
8 A Because when I saw him in the alley, he
9 started to transition to the driver's side of my car, I
10 would say.
11 Q What do you mean "transition to the driver's
12 side"?
13 A Because when I initially saw him, he was --
14 because the alley -- it's a north/south alley and he was
15 on the west side -- if -- if you're in the alley, it
16 would be on the west side of the alley and then he
17 crossed over to the east side, which would be to the
18 driver's side of the car.
19 Q How far away was he when he crossed over?
20 A By then, he was probably less than three car
21 lengths after I initially saw him, so maybe about two
22 and a half, two car lengths.
23 Q And what time of night was it?
24 A It was like -- I believe like 12:00 at night.
25 Q Was it dark outside?
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1 A Yes.
2 Q Was there -- were there any street lights that
3 illuminated the area?
4 A I know that the book store had some street
5 lights that faced the rear parking lot, and in front the
6 store they had some exterior lights, and then I want to
7 say the business that's on the west side -- yeah, I
8 think that was it.
9 Q Was there a street light near the alley that
10 was broken or not working?
11 A I don't recall.
12 Q Was there a street light in the back of the
13 alley that was flickering?
14 A That, I don't recall.
15 Q Do you recall any street lights that were
16 broken or not working?
17 MR. RILEY: Asked and answered. Go ahead.
18 THE WITNESS: Not that I can recall.
19 BY MR. MILLER:
20 Q Do you recall any street lights in the area
21 that were flickering on and off?
22 MR. RILEY: Asked and answered.
23 THE WITNESS: I can't recall now.
24 BY MR. MILLER:
25 Q When you first saw Fridoon, did you get out of
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1 your -- how long from when you first saw him, how much
2 time until you exited your police vehicle?
3 A When I initially saw Fridoon as he was
4 approaching the car, then I confirmed the description
5 with communications. I -- after I confirmed that he was
6 the right person that I had, that's when I noticed that
7 it appeared to me that he had a knife in his hand, and
8 that's when I threw the mic in the passenger seat and
9 then put the car into park, and that's when I got out of
10 the car.
11 Q And did you keep your car door open on the
12 driver's side?
13 A Yes, I had my car door propped open.
14 Q Did you do that for any purpose?
15 A Because I didn't want to get trapped in the
16 car, so I -- when I first saw him in the alley, that's
17 when I propped my car door open.
18 Q When you say you didn't "want to get trapped
19 in the car," what do you mean?
20 A Well, just for my -- I just didn't want to get
21 trapped in the car. You know, if someone is armed with
22 a knife, I just didn't want to be stuck in the car and
23 be stabbed while I'm sitting in my car, so that's why I
24 propped my door open.
25 Q Okay. And after you exited the vehicle when
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1 you were outside the car, did you close your door?
2 A No, my car door was open.
3 Q Did you keep it open in front of you for any
4 reason?
5 A Well, my car door was open and then I stepped
6 to the left of my car door.
7 Q Is there any reason you kept it open after you
8 exited your vehicle?
9 A No, other than the fact just to get out of the
10 car.
11 Q Okay. Is there any reason you didn't close
12 your car door after you got out?
13 A It happened so -- so quick, I didn't -- I
14 mean, it wasn't something I thought about doing was
15 closing the car door.
16 Q And after you exited your vehicle, you were
17 standing beside your driver's side car door, correct?
18 A When I got out of the car, yeah, I was behind
19 the door, yes.
20 Q When you drew your gun, were you behind the
21 door?
22 A No.
23 Q Where were you when you drew your gun?
24 A I was to the -- I took a step to the left of
25 the door.
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1 Q Did you take a step back or just to the left?
2 A No, it would be to my left, to the left.
3 Q How far away from the car door were you at
4 that point in time?
5 A I was right next to the car door.
6 Q Was part of your body still behind the car
7 door?
8 A No, I don't believe it was, no, not when I
9 stepped to the left.
10 Q Okay. Did you -- and you had your contacts
11 on, correct?
12 A Yes.
13 Q Were there any lights shining in your face
14 that obscured your view of Fridoon?
15 A No.
16 Q You had a -- you had a -- there -- were there
17 any objects in your way that obscured your view of
18 Fridoon?
19 A No.
20 Q And there were no people in your way that
21 obscured your view of Fridoon, correct?
22 A No.
23 Q Did you have your -- did you have your
24 bullet-proof vest on that night?
25 A Yes.
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1 Q And is there -- is there a front part that you
2 had on of the bullet-proof vest? Is there -- is there
3 two pieces of the bullet-proof vest, in other words?
4 A To the bullet-proof vest, yes, there is a
5 front panel and a back panel.
6 Q Okay. Did you have the front panel and the
7 back panel on?
8 A Yes.
9 Q And was that part of your training, to have
10 the bullet-proof vest on?
11 A It's a department policy.
12 Q Do you have it on at all times when you're on
13 patrol?
14 A Yes.
15 Q Okay. And did you receive any training as far
16 as whether a bullet-proof vest would protect --
17 project -- protect you against sharp edged weapons?
18 A Yes.
19 Q Okay. What training did you receive?
20 A Well, the training that I received or that
21 I -- was the fact that edged weapons can cut through a
22 bullet-proof vest.
23 Q Did you receive any training that bullet-proof
24 vests may help you against edged weapons?
25 A No, I was told that bullet-proof vests will
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1 not protect you against edged weapons.
2 Q And when you -- from the time that you first
3 saw Fridoon until the time that you fired your gun, did
4 you see him threaten anyone?
5 A Can you repeat the question again?
6 Q Sure.
7 A I'm sorry.
8 Q From the time you first saw Fridoon until the
9 time that you fired your gun, did you see him threaten
10 anyone?
11 A No.
12 Q From the time you first saw Fridoon until the
13 time you fired your gun, did you see him approach
14 anyone?
15 A No.
16 Q From the time you first saw Fridoon until you
17 fired your gun, did you hear him say anything?
18 A No.
19 Q From the time -- did you observe his facial
20 expression before you fired your gun?
21 A No.
22 Q At any time did you observe his facial
23 expression before you fired your gun?
24 A No.
25 Q Did you observe whether his eyes were opened
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1 or closed prior -- prior to the time you fired your gun?
2 A Oh, his eyes were open.
3 Q And could you tell which direction he was
4 looking?
5 A He was looking at me.
6 Q Did he -- and he never said anything to you,
7 correct?
8 A No.
9 Q Did he -- did he make any threatening gesture
10 towards you?
11 A Can you explain what you mean by
12 "threatening"?
13 Q Sure. Did he ever -- did he raise his arm
14 above his head at any point in time?
15 A No.
16 Q Did he make any thrusting motion with either
17 of his arms?
18 A Well, he had what appeared to me the knife in
19 his hand, and it was held in this manner here.
20 Q And when -- okay. When you -- when he was
21 holding what you believed was a knife, how was he
22 holding it? Could you demonstrate?
23 A He was holding it like this.
24 MR. RILEY: I've got concerns about
25 demonstrations in a room where we've got bright lights,
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NEAL BROWDER
1 et cetera. I don't know where you plan on going with
2 this. I'll let him hold up his hand like that, but
3 anything beyond that I don't think it's appropriate or
4 it's not permissible under these circumstances. They
5 have a demonstration, so go ahead with your question.
6 MR. MILLER: Okay. All right. Okay. I -- I
7 don't agree at all, but we'll see where it goes.
8 MR. RILEY: Okay.
9 BY MR. MILLER:
10 Q Could you show me -- from your observation on
11 that night -- and I understand it was dark that night
12 and we're in a totally different setting, but from what
13 you could observe, how was he holding the object?
14 A Just like this.
15 Q Was his hand out-stretched like that?
16 A It was bent.
17 Q Was it closer -- was it -- how close to his
18 abdomen region was it?
19 A It wasn't close to his abdomen.
20 Q It was out-stretched?
21 A Well, what do you mean by "out-stretched"?
22 Q Okay. Let's demonstrate one more time where
23 you viewed his --
24 MR. RILEY: Wait. Can we clarify the
25 question? What do you mean --
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1 MR. MILLER: Sure.
2 MR. RILEY: -- by out-stretched?
3 BY MR. MILLER:
4 Q Yes. Let me -- let me ask you a different
5 question.
6 A Okay.
7 Q And if I'm going too fast, please just tell
8 me.
9 A Okay.
10 Q You know, sometimes -- sometimes that happens.
11 Just demonstrate one more time what you
12 observed as far as the position of his arm when he was
13 holding the object in his hand.
14 A It was in this manner here.
15 Q Okay. And when you observed that, about how
16 far away was he from you, if you could estimate?
17 A I'd estimate maybe a -- maybe a car length, a
18 car length and a half.
19 Q And at that time when you observed him when he
20 was a car length or a car length and a half away from
21 you, did you see any other people near by him?
22 A By him?
23 Q Yes.
24 A No.
25 Q So you weren't concerned for the safety of
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NEAL BROWDER
1 anyone other than yourself at that point, correct?
2 A Well, then individuals were in the parking lot
3 to my left.
4 Q How close was he to the individuals in the
5 parking lot?
6 A Well, I believe -- well, there was one
7 civilian that was behind me to my left in the parking
8 lot.
9 Q And that civilian, could you estimate how far
10 Fridoon was from that civilian?
11 A Well, let's see. Fridoon was -- I'd say a car
12 length, a car length and a half, so I believe the
13 civilian was probably maybe -- probably from what I can
14 remember, maybe anywhere between five and ten feet from
15 me off to my left.
16 Q Off to your left and behind you, or just off
17 to your left?
18 A I think he was behind me off to my left.
19 Q Well, was anyone that you observed closer to
20 Fridoon than you were?
21 A No.
22 Q And did you identify yourself as a police
23 officer to Fridoon?
24 A I don't recall.
25 Q Did you say, "Stop, police. I'm a police
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1 officer," anything like that?
2 A I don't recall.
3 Q Are you trained to identify yourself as a
4 police officer when you encounter suspects?
5 A When feasible we identify ourselves as a
6 police officer.
7 Q And is that --
8 A Depends.
9 Q And is that part of your training?
10 A Well, that's training we've received.
11 Q And why are you trained to identify yourself
12 as a police officer when feasible?
13 A So the person that you're contacting knows
14 that you're a police officer.
15 Q And why is that important?
16 A Because you want to let the person know that
17 you're contacting that you're a police officer.
18 Q Because they may respond different --
19 differently to you, correct?
20 A Yes.
21 Q And it's important, if feasible, to identify
22 yourself as a police officer prior to using force,
23 correct?
24 A Yes.
25 Q Do you recall saying anything to Fridoon prior
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1 to firing your gun?
2 A No.
3 Q Do you recall saying anything to anyone at the
4 scene prior to firing your gun?
5 A I don't recall.
6 Q Do you recall that Fridoon slowed down before
7 you fired your gun?
8 A He didn't slow down. When I saw him as he was
9 aggressing me, he didn't slow down.
10 Q When you say he was "aggressing" you, what
11 does -- what does aggressing mean?
12 A Well, to me, it -- there again, like I said,
13 it appeared to me he was definitely focusing on me and
14 was walking towards me with that purpose -- with a
15 purpose.
16 Q And other than he's walking towards you, why
17 do you say he was walking with a purpose?
18 A I felt that he was walking -- he was walking
19 to stab me with the knife because that's what I saw.
20 That's what I saw in his hand.
21 Q Other than him walking towards you, did he do
22 anything else to cause you to believe that he was going
23 to stab you with the knife?
24 A Just the way that he had -- had that metal
25 object in his hand, the way he was -- the way he was
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1 carrying it, the nature of the call, how it came out,
2 and what kept going through my mind is, "Why isn't this
3 guy stopping?" And he never stopped, and I thought he
4 was going to stab me.
5 Q When you say -- I understand what's going
6 through your mind, why isn't this -- this guy stopping.
7 You don't recall telling him to stop or saying anything
8 to him, correct?
9 A I don't recall, no.
10 Q Is there a -- when you -- when you pulled up
11 to the scene and you did not have your siren or your red
12 and blue police lights on, is there a reason you did not
13 have them on?
14 A No.
15 Q Is there any training you received as far as
16 responding to calls of the nature of someone with a --
17 with a knife where you're advised on whether or not to
18 use your police lights or siren?
19 A It just depends on the circumstances of the
20 call.
21 Q Did you consider using your -- your police
22 lights or siren when you pulled up?
23 A No.
24 Q Did it -- did it cross your mind at any point
25 in time prior to the time you fired your gun that
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NEAL BROWDER
1 Fridoon may not know you're a police officer?
2 A No. It never crossed my mind that he didn't
3 know I was a police officer.
4 Q Have you received any -- any training in using
5 lights when you -- just stepping away from that evening
6 for a second.
7 A Okay.
8 Q Using lights on suspects, flashlights or your
9 bright headlights to make it more difficult for them to
10 see you?
11 A Yes. That's a tactic that could be used.
12 Q And could you just tell me the training you've
13 received on that particular tactic?
14 A During traffic stops, you would use your
15 lights to your advantage to obviously, you know, allow
16 you to see the individual that you're stopping, you
17 know, so that way you try to make them as visible as
18 possible to you when you approach.
19 Q So part of the tactic is to make the person as
20 visible as possible but make it harder for them to see
21 you. Is that in case they have a weapon?
22 A Yes, that's one of the tactics used.
23 Q Okay. Was that tactic in your mind when you
24 turned on your bright head lamps that were pointed at
25 Fridoon?
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1 A I used my head lamps so that way I could get a
2 better look at Fridoon.
3 Q Understood. You used your bright head lamps
4 to get a better look at him.
5 Was it also in your mind to use your bright
6 head lamps to make it harder for him to see you in case
7 he had a weapon?
8 A Well, my -- my focus was -- is to use my
9 headlights so that way I can get a better view of
10 Fridoon. Does that put you at a better tactical
11 advantage? It depends. I mean, you would hope it
12 would, so --
13 Q And in terms of does it put you at a better
14 tactical advantage, would that be because it's dark
15 outside and the suspect has bright head lamps shine in
16 their face while you don't?
17 A Well, it gives you the ability to better see
18 the suspect, you know, when you do use your -- your
19 lights to your advantage.
20 Q I think -- okay. I think I -- I think I
21 understand. I understand the -- you use the head -- the
22 bright head lamps so you can better see the suspect, but
23 do you also sometimes use the bright head lamps to blind
24 the suspect or make it harder for the suspect to see
25 you?
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NEAL BROWDER
1 A It depends on the -- on the situation, so --
2 Q Going back to that situation that night, did
3 you use your head lamps as a -- for a tactical advantage
4 to blind or make it harder for Fridoon to see you?
5 A I was more -- it was more for me to be able to
6 identify Fridoon and make sure that he was the right
7 individual I had just because of the light in the alley.
8 Q Okay. So that -- the other aspect of the
9 tactic to try and blind Fridoon or make it harder for
10 him to see you, that was not in your mind on that night?
11 A There like -- again, like I said, my -- my --
12 my focus was to make sure that I had the right
13 individual, and when I had my high beams on, it just
14 allowed me to get a better look at his clothing and
15 description to make sure I had the right individual, you
16 know, because he was the only person in the alley, so --
17 Q Have you ever -- have you ever used that
18 tactic before in your time on patrol, to use your bright
19 head lamps to blind a suspect or make it harder for them
20 to see you to gain a tactical advantage?
21 A I don't necessarily think you're blinding
22 someone when you use your high beams. It allows you to
23 identify the individual easier. It's just the same as
24 using your flashlight so that way you can get a better
25 look to see, you know, if they're armed with anything,
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1 so that -- that's a -- that's a tactic that I use just
2 so that way it allows me to get a better look at the
3 person I want to contact, so --
4 Q And are you trained -- have -- have you
5 received any training at the San Diego Police Department
6 to use your flashlight to try and -- maybe "blind" is
7 the wrong term, but make it harder for the suspect to
8 see you?
9 A We've received training in the use of our
10 flashlight, and the focus of that is there again, like I
11 said, because you want to be able to -- to identify
12 anything that they may have in their hands or anything
13 to that effect to give you a better -- put you at a
14 better advantage of -- a technical advantage, I suppose
15 I want to say.
16 Q Okay. And part of that training is in
17 addition to be able to get a better view of the suspect
18 and also to make it harder for the suspect to see you
19 because they have a light shined in their eyes; is that
20 correct?
21 A I wouldn't necessarily say "shine in their
22 eyes," but I mean the more light you -- I guess to
23 answer your question, I guess would -- it would be
24 depends, but -- it depends on -- on the circumstances.
25 It depends on different scenarios. I mean, I don't want
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NEAL BROWDER
1 to get into any detail about it, but I mean, there are
2 certain situations where you would use your lights to
3 illuminate someone so that way you can see what's in
4 their hands, and there's certain circumstances where you
5 may not use your lights at all, so --
6 Q Understood. And then in certain other
7 circumstances you may use your lights, per your
8 training, to make it harder for the suspect to see you,
9 correct?
10 A Yes.
11 Q But on that evening, April 30th, 2015, that
12 was not in your mind, to use your lights to make it
13 harder for Fridoon to see you?
14 A No, no, it was just for me to identify who I
15 had in the alley and just to confirm that -- that
16 description.
17 Q I think we -- I think we covered this, but I
18 just want to ask these specific questions just to make
19 sure.
20 Did you ever say to Fridoon, "This is your
21 final warning, stop or I will shoot you," anything
22 telling him that you had a gun pointed at him?
23 MR. RILEY: I will object because I think it's
24 been asked about three or four times. Asked and
25 answered. Go ahead.
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1 THE WITNESS: I don't recall.
2 MR. MILLER: Why don't we take a break?
3 MR. RILEY: Yeah, it's noon. What do you want
4 to do for lunch?
5 MR. MILLER: Do you want to do 30 minutes,
6 fast, or do you need more time?
7 MR. RILEY: It's up to you guys. How much
8 time do you folks need to eat?
9 MR. MILLER: Yeah.
10 THE VIDEOGRAPHER: Going off the record. The
11 time is 11:54 a.m.
12 (A lunch break was taken)
13 THE VIDEOGRAPHER: Going back on the record.
14 The time is 12:36 p.m.
15 BY MR. MILLER:
16 Q On the evening of April 30th, 2015, did you
17 make any hand gestures towards Fridoon, any non-verbal
18 communication?
19 A No.
20 Q Did you ever raise your hand at him, any kind
21 of hand movement towards him or signal to him?
22 A No.
23 Q Before you previously testified about certain
24 circumstances you weren't putting on your police lights
25 and siren.
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1 On -- on this evening of April 30th, 2015 when
2 you first arrived, was there anything about this
3 circumstance that indicated to you whether you should
4 have your siren and your police lights on or off?
5 A No.
6 Q Did anything in your training tell you -- that
7 you've learned at the department about when it -- when
8 is it a good idea to have your police lights on top of
9 your car, your red and blue lights and your siren on?
10 A When you're in vehicle pursuit, when you're
11 responding to an 1199 call, and then also if you're
12 responding to any type of life-threatening medical
13 emergency.
14 Q Those are the three circumstances where you're
15 advised to turn your siren and lights on?
16 A Yes.
17 Q Any other times?
18 A I believe that's it.
19 Q And what is an 1199 call?
20 A Oh, that's when an officer is calling for
21 help.
22 Q And have you ever used your sirens or police
23 lights to indicate to a suspect that it is a police
24 vehicle?
25 A Yes.
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1 Q Have you done that frequently?
2 A What do you mean by "frequently"?
3 Q Well, let's say over -- over -- in the course
4 of patrolling, say for a year -- let's say 2015, how
5 many times would you turn your police lights or siren on
6 to indicate to someone that you -- your car was a police
7 car?
8 A Do you want a physical number or --
9 Q You --
10 A I'm sorry. So give me the -- give me the time
11 frame again and then do you want an -- do you want me to
12 estimate the actual time -- how many times I used it,
13 correct?
14 Q Yeah. Estimate as best you can, you know,
15 over the course of, say, 2015.
16 A Okay. So -- so one year, essentially?
17 Q Yeah.
18 A An estimation, probably 25 times.
19 Q 25 times about in a year. Of those 25 times,
20 was it more often at night when it was dark out?
21 A Yes.
22 Q Because it's harder for anyone, a suspect or
23 anyone else, to see your police car -- to know it's a
24 police car without seeing lights or hearing a siren,
25 correct?
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NEAL BROWDER
1 A Repeat the question again.
2 Q Sure. I guess it's kind of an obvious
3 question. In -- do you use -- do you use your siren and
4 your police lights more at night because it's harder to
5 tell your car is a police car at night; is that correct?
6 A Yes.
7 Q Prior to the evening of April 30th, 2015, had
8 you ever met Fridoon?
9 A No.
10 Q Had you ever heard Fridoon's name?
11 A No.
12 Q Did you know anything about Fridoon prior to
13 the evening of April 30th, 2015?
14 A No.
15 Q So you knew nothing about his background,
16 whether he had any previous arrests or anything like
17 that? You didn't know anything like that, correct?
18 A No.
19 Q And you had never come across him before
20 that -- that evening, correct?
21 A Yes, that's correct.
22 Q And your -- the police car on the driver's
23 side was open. Did you receive any training at the
24 San Diego Police Department about keeping your police
25 car door open for tactical reasons?
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NEAL BROWDER
1 A Yes.
2 Q And could you tell me what that training was?
3 A We use that tactic for vehicle hot stops.
4 Q Anything else?
5 A We also use it to -- when we're conducting
6 traffic stops, whenever we're issuing a citation, we use
7 our car doors for cover.
8 Q When you says "use your car door for cover,"
9 what does you mean?
10 A It's normally -- prop the door open and stand
11 behind the door so you can complete your citation
12 provides you that -- that little bit of protection
13 between you and the individual that may be contacting
14 the vehicle.
15 Q And what type of protection does it provide?
16 A Protection, it -- it actually -- it provides
17 you some protection, I would say. To give an example --
18 well, let's see. Well, just put it this way: As far as
19 our training goes, as far as how we're taught in the
20 police academy and it's always ingrained on us as far
21 as, you know, when you're completing a citation, stand
22 behind the door and provide you a little bit of
23 protection, a little bit of -- not necessarily
24 concealment so that when you're completing your
25 citations, those things, and -- and that's how it was
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NEAL BROWDER
1 addressed to us as far as training goes.
2 Q Okay. Was it -- was it ever told to you in
3 the course of training that this could provide a little
4 bit of cover against if a suspect starts running at you
5 or coming towards you?
6 A Yes.
7 Q On that evening of April 30, 2015 when you
8 kept your car door, was that -- was that training tactic
9 in your mind at all that this would provide a little bit
10 of cover?
11 A In my mind that night, it happened so quick
12 that I wasn't thinking of using that door for
13 protection. In my mind I was thinking of just getting
14 away from the car because I just didn't want to be
15 trapped in the car.
16 Q Okay. And I recall that testimony, you didn't
17 want to be trapped in the driver's seat.
18 And once you got out of the car and you were
19 behind the door, I believe you testified you took a step
20 to the left, correct?
21 A Yes.
22 Q So you were already out of the car. What was
23 your thinking in taking the step to the left?
24 A It was to -- it was to address the threat.
25 And just based on my training, we're always taught
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NEAL BROWDER
1 whenever you're engaging, you normally -- you step off
2 line or you step to the left or to the right, so it's
3 just part of my training. And just given the
4 circumstances that I was -- it just happened so quickly,
5 I stepped to the left away from the door.
6 Q And when you say "engaging," what do you mean?
7 A Engaging the threat, which would be
8 Mr. Fridoon.
9 Q And when -- in your training when you're
10 taught to step to the -- step to one side, move to one
11 side, what is the -- what's the reason that you learned
12 in training that that is -- that's what you're supposed
13 to do?
14 A Well -- well, part of the training was -- is
15 that they want you to move off line to -- kind of to --
16 when you're stepping off line, it gives you more
17 reactionary gap, I would say, to respond to the threat,
18 and also it -- I guess the best way to put it would be
19 to just step off line of the suspect. I mean, if he's
20 coming at you, you want to step off line, which means
21 you want to step either to the left or to the right of
22 the suspect.
23 Q So -- okay. So part of the training is to
24 step out of the -- out of the line. If the suspect's
25 coming at you, part of your training is to step out of
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NEAL BROWDER
1 the way of the suspect?
2 A Right, or step -- right.
3 Q Okay. And -- and you used the phrase
4 "reactionary gap." What does that mean?
5 A What you -- what you want to try to do is you
6 want to try to -- whenever you're addressing a threat,
7 to give you as -- try to increase that reactionary gap,
8 I would say, because if someone's coming at you, you
9 want to give yourself enough time to respond to that
10 threat -- I guess would be the best way to say it. So
11 by stepping off line or stepping to the left or to the
12 right, that would give -- in my case, that gave me
13 that -- that -- that reactionary time to address the
14 threat.
15 Q So it gave you more time to address the threat
16 by stepping off line in -- in this instance on
17 April 30th, 2015?
18 A That's why I stepped to my left, to give
19 myself more time to react to the threat.
20 Q Was your gun in your holster when you drove
21 up?
22 A While I was in my patrol car?
23 Q Yes.
24 A Yes.
25 Q When did you remove it from your holster?
92
NEAL BROWDER
1 A I was drawing my holster -- I was outside my
2 car and as I was stepping to my left, I was drawing.
3 Q Okay. And before firing, did you -- are you
4 familiar with the phrase "take up the slack"?
5 A No.
6 Q Did you depress the trigger at all before
7 firing?
8 A No.
9 Q So it was -- it was one motion with your --
10 with your trigger finger, you just pulled it once?
11 A Yes.
12 Q Was it -- before you pulled the trigger, was
13 your -- was your finger actually on the trigger touching
14 it?
15 A Well, if I pulled the trigger, yes, it was
16 touching the trigger.
17 Q Sure. Understood. But while you were
18 pointing your -- your weapon at Fridoon before you
19 pulled the trigger, was your finger touching the
20 trigger?
21 A So your question is was I touching the trigger
22 as I was pointing it at Fridoon?
23 Q Let me try and rephrase it.
24 A Okay.
25 Q So you exited the vehicle. When you -- when
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NEAL BROWDER
1 you drew your gun and first pointed it at Fridoon, did
2 you have your finger on the trigger?
3 A No.
4 Q Okay. How far away from the trigger was your
5 -- was your finger?
6 A It was probably right there at the --
7 alongside of the trigger guard.
8 Q Okay. And how far away from the -- from the
9 actual trigger is that?
10 A Probably a half an inch.
11 Q And to move your finger from where it was on
12 the trigger guard half an inch to pull the trigger, how
13 much time is that -- would that take?
14 A Probably a second, a second and a half.
15 Q Other than moving your finger from the trigger
16 guard to pulling the trigger, do you have to do anything
17 -- any other steps in between to fire the gun?
18 A No.
19 Q And the trigger guard, what -- what is the --
20 what's the trigger guard shaped like?
21 A Oh, it's the -- I guess you would consider the
22 piece of metal that surrounds the trigger itself.
23 Q Okay. So your finger was on the trigger guard
24 and then you had to move it half an inch to the trigger
25 before shooting, correct?
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NEAL BROWDER
1 A Yes.
2 Q How much time elapsed between when you got out
3 of the car and when you -- you fired your gun at
4 Fridoon?
5 A Where I physically got out of the car and
6 fired at Mr. Fridoon?
7 Q Yes.
8 A Just an estimation, probably two to three
9 seconds probably.
10 Q And in those two to three seconds, did you --
11 what did you do to assess the situation and make the
12 determination to pull the trigger?
13 A I assessed the situation when I saw him
14 aggressing -- well, approach me with the knife in his
15 hand and the position of the hand, and it's -- it's one
16 of those -- it was -- it was real quick. There again,
17 my thought process and what I was thinking was that he
18 wasn't stopping and so it's almost -- it was just real,
19 real -- it was a real quick assessment.
20 Q Okay. Did you observe that at any point in
21 time before you -- you fired your gun that Fridoon had
22 slowed his pace at all?
23 A It didn't appear to me he was slowing his
24 pace.
25 Q When you --
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NEAL BROWDER
1 A I -- go ahead. I'm sorry.
2 Q Were you finished with your answer?
3 A Yes.
4 Q Did it appear to you at any point in time that
5 he stopped --
6 A No.
7 Q -- prior to you?
8 When you -- when you watched the video of --
9 of the shooting, did that remind you at all that he had
10 slowed his pace?
11 A At the time of the incident, he didn't slow
12 his pace. When -- when I was there at that moment in
13 time, he -- he wasn't slowing down.
14 Q So was he speeding up or was he maintaining a
15 consistent pace?
16 A He was -- from what I remember, it was a
17 consistent pace.
18 Q And how would you describe that -- that pace?
19 A How would I describe the pace? It was a pace
20 with a purpose, like I stated before. It was a moderate
21 pace and it was a directed pace. He was -- he was
22 coming at me.
23 Q When you say it was a "moderate pace" -- so he
24 was not moving rapidly, right?
25 A Well, moderate pace, he wasn't -- he wasn't --
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NEAL BROWDER
1 it was not a non-chalant pace. I mean, it was -- it was
2 a pace where -- I don't know how to describe it. I'm
3 just trying to be as accurate as I can so -- so bear
4 with me. How would you describe moderate? I guess it
5 would be a quickly paced walk, I guess, would be maybe
6 the best answer I can give you.
7 Q Did you -- did you have a flashlight with you
8 that night?
9 A Yes.
10 Q Was it attached to your gun?
11 A Yes.
12 Q Is it removable from the gun?
13 A Yes, you can take it off.
14 Q But on -- before you fired your gun, the
15 flashlight, you never took it off, correct, on that
16 night?
17 A No.
18 Q Did you use the flashlight at all that night?
19 A Yes, I did.
20 Q What did you do to use it?
21 A I activated the light.
22 Q What did you shine it -- the light on?
23 A Mr. Fridoon.
24 Q Okay. And did you -- what -- what part of his
25 body or face did you illuminate with your flashlight?
97
NEAL BROWDER
1 A I just pointed it -- well, the light was in
2 his direction, so his -- his body.
3 Q Okay. What point in time did you do that?
4 A Just before I shot him.
5 Q How much time before you shot him, if you can
6 estimate?
7 A I would say probably within seconds.
8 Q Okay. When you -- when you shined the light
9 on him, did it illuminate his entire body?
10 A Yes. Yes.
11 Q Okay. Did you -- were you able to see any
12 better what he was holding in his hand after you shined
13 the flashlight on him?
14 A Was I able to see any better what he was
15 holding in his hand? I was just getting the -- the
16 metallic object was reflecting off the light.
17 Q Of your flashlight?
18 A Well, the lights also because I had the
19 lights.
20 Q Okay. So when you shined the flashlight on
21 him, you had your bright patrol car lights on him and
22 you also had your flashlight on him, correct?
23 A Yes.
24 Q Did your flashlight cover his face too or just
25 his body?
98
NEAL BROWDER
1 A Well, it's -- it covered his body, I would
2 say.
3 Q Okay. From that distance, it probably was his
4 whole face and body?
5 A Yes.
6 Q Okay. So -- and at the same time, your --
7 your bright head lamps were pointed at him and also
8 illuminating him as well, correct?
9 A Yes.
10 Q Okay. And did the -- when you shined the
11 flashlight on him and that illuminated him, did that
12 inform your decision to shoot?
13 A Yes, because I thought what he had in his hand
14 was a knife and he wasn't stopping so, yeah, that's when
15 the decision made -- was made to shoot him.
16 Q Which hand was he holding the object that you
17 believed was a knife?
18 A When I first saw him, I believe he had it in
19 his left hand.
20 Q And did he switch it to the other hand at any
21 point in time?
22 A Then as -- at one point he was transitioning
23 or when he was crossing over the alley to -- to my
24 driver's side, I believe that's when he may have
25 switched it to the right hand.
99
NEAL BROWDER
1 Q Okay. And when you say "may have switched
2 it," are you -- are you not sure --
3 A From what I remember, it was in his left hand.
4 That's what I recall was it was in his left hand.
5 Q And then he may have switched it to his right
6 hand?
7 A Yes.
8 Q And how far away was he when he switched it to
9 his right hand?
10 A From when I -- I think -- probably if he had
11 had two and a half car lengths, maybe three car lengths.
12 Q Okay. And when he switched the -- the object
13 to his right hand, was he holding it the same way as he
14 was holding it in his left hand?
15 A No. When he had it in his right hand, that's
16 when, as I described before, his arm was bent and it
17 appeared that it was -- the weapon was being pointed at
18 me, and that's what I remember.
19 Q And that was what you demonstrated previously
20 in your deposition, correct?
21 A Yes.
22 Q Okay. And when you say it -- it was pointed
23 at you, was -- was it in the same position that you
24 demonstrated before?
25 A Yes.
100
NEAL BROWDER
1 Q Okay. Could you tell the -- the shape of the
2 -- of the object before you fired your weapon?
3 A It was a pointy metallic object.
4 Q Could you tell anything else beyond that?
5 A It looked like a knife to me.
6 Q And about how big was it?
7 A How big? It appeared to be that night about
8 two to three inches.
9 Q And at any point in time did -- did Fridoon
10 ever suddenly move the object?
11 A What do you mean by "suddenly"?
12 Q Did he ever make any sudden movement with the
13 object, a quick movement with the -- with the object in
14 his hand?
15 A No.
16 Q Did he ever -- did he ever raise the object up
17 to higher in his chest?
18 A No.
19 Q So he never raised it above -- above his head
20 either, correct?
21 A No.
22 Q Did he ever move it away from his body and
23 closer to you in any sort of thrusting or jabbing
24 motion?
25 A Other than what I described earlier in the
101
NEAL BROWDER
1 deposition?
2 Q I don't recall you describing him moving it in
3 any jabbing or thrusting motion, but if you did, just
4 tell me.
5 A No.
6 Q Okay. Let me ask the question just so it's
7 clear.
8 A Okay.
9 Q Do you recall him moving the object in any
10 jabbing or thrusting motion?
11 A No.
12 Q Do you recall him moving the object in any way
13 prior to the time that you fired your gun?
14 A No.
15 Q Do you recall whether he was holding -- when
16 he switched from his left -- the object from his left to
17 his right hand, was he holding anything in the other
18 hand that you could see?
19 A I don't remember.
20 Q Did seeing the video of the shooting, did that
21 refresh your recollection at all that he was holding
22 something else?
23 A Looking at the video just only affirmed what I
24 initially remembered the night of the incident.
25 Q It didn't change your recollection of events
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NEAL BROWDER
1 at all?
2 A No.
3 Q And you're -- so when you watched the video --
4 how many times have you seen the video since the
5 incident?
6 A Since the incident, two times. Two times.
7 Q Okay. On two occasions?
8 A Two occasions.
9 Q And I know you testified about one of them,
10 which is about a week ago.
11 When was the -- when was the other occasion
12 that you watched the video?
13 A It was prior to the homicide interview.
14 Q And on that occasion, how many times did you
15 watch the video?
16 A Prior to that occasion? Prior to the homicide
17 interview?
18 Q Yes.
19 A None.
20 Q Okay. And then when you watched it before you
21 were interviewed, how many times did you watch the
22 video?
23 MR. RILEY: Objection. Let's lay a foundation
24 here. Who was with you when you looked at the video
25 prior to the homicide investigation?
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NEAL BROWDER
1 THE WITNESS: Oh, my attorney.
2 MR. RILEY: He was with his attorney. I don't
3 want you going into any attorney/client work product or
4 privilege.
5 MR. MILLER: I don't intend to.
6 MR. RILEY: Okay.
7 MR. MILLER: Understood.
8 BY MR. MILLER:
9 Q So your -- your attorney was with you when
10 you -- when you watched the video, and, as counsel said,
11 I don't want to know your communications with your
12 attorney. Keep that out.
13 Was anyone else there when you watched the
14 video?
15 A No, just myself and my attorney.
16 Q Were you in a separate room from the
17 investigators?
18 A Yes, I believe so.
19 Q And who -- who gave you the -- the video to
20 watch? Did one of the investigators hand it to you?
21 A They didn't hand me the video. That was an
22 arrangement between my attorney and the investigators.
23 Q Okay. Did you -- did you see the
24 investigators give your attorney a copy of the video?
25 A Probably. I don't remember.
104
NEAL BROWDER
1 Q Okay. But when you watched it in the room
2 with your attorney, none of the investigators were in
3 the room, correct?
4 A No, that's correct.
5 Q Was the door closed?
6 A I don't remember.
7 Q And before you -- before you watched the
8 video, did any of the investigators say anything to you
9 about the video?
10 A No.
11 Q Okay. And in those -- so now you -- and do
12 you recall how many times you watched the video when you
13 were in the room?
14 A I don't recall how many times we actually
15 reviewed the video.
16 Q Was it more than once?
17 MR. RILEY: And we're getting into attorney
18 work product, the thought process of how an attorney
19 decides to communicate with his client. Let's not go
20 there.
21 MR. MILLER: I won't. Absolutely. I just
22 want to know if you could give me --
23 MR. RILEY: How many times his attorney
24 decided to show him the video? Is that what the
25 question is?
105
NEAL BROWDER
1 MR. MILLER: The question is how many times he
2 watched the video.
3 MR. RILEY: When he was in a room alone with
4 his attorney?
5 MR. MILLER: Correct.
6 MR. RILEY: Wouldn't that be the same as
7 saying, "How many times did your attorney make the
8 decision to show you the video?" Isn't that where we're
9 going with all of this?
10 MR. MILLER: I don't think so.
11 MR. RILEY: I think it is.
12 MR. MILLER: It's the same thing as if your
13 attorney shows you documents before your deposition, I'm
14 entitled to ask about what documents were shown.
15 MR. RILEY: And he told you.
16 MR. MILLER: Okay. I think I'm entitled to
17 see how many times you either looked at a document or
18 watched a video.
19 MR. RILEY: And he's told you he looked at it
20 with his attorney. I think we should stop right there.
21 And that -- and to answer your question, that was not an
22 act of conduct in preparation for a deposition when he
23 was with his attorney back then, so I'm not sure it's on
24 all four points asking him today what he reviewed in
25 preparation for his deposition. It's a different
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NEAL BROWDER
1 question. What it really does is invade, in my opinion,
2 the attorney work product privilege. And if I was
3 here -- or later on having his attorney saying, "What
4 are you doing allowing your deponent to answer questions
5 about his communications with me?," I don't think I want
6 to be in that position.
7 MR. MILLER: Okay. I just want to ask my
8 question, and if you want to instruct him not to answer,
9 I understand your position.
10 MR. RILEY: Okay.
11 BY MR. MILLER:
12 Q When you were in the room before your
13 interview with the homicide investigators, how many
14 times did you watch the video?
15 MR. RILEY: Objection. Attorney/client
16 privilege and attorney work product. You don't need to
17 answer that.
18 THE WITNESS: Okay.
19 BY MR. MILLER:
20 Q And you're going to follow your attorney's
21 instructions not to answer?
22 A That's correct.
23 Q Okay. Would you agree that deadly force
24 should be the last option in terms of use of force?
25 A Yes.
107
NEAL BROWDER
1 Q And you should exhaust all other feasible
2 possibilities before taking someone's life, right?
3 A Yes.
4 Q After the shooting, did you reholster your gun
5 immediately?
6 A No.
7 Q How soon after you fired did you do that, did
8 you reholster?
9 A I'd estimate probably five to ten seconds
10 after.
11 Q And what did you do next?
12 A That's when I ran up to Mr. Fridoon.
13 Q And you rendered aid, correct?
14 A Yes.
15 Q At some point did you learn that the object in
16 Fridoon's hand was a blue and silver pen rather than a
17 knife?
18 A When I was rendering first aid to Mr. Fridoon,
19 that's when I saw the pen.
20 Q And when you first saw it, where -- where was
21 it?
22 A From what I can recall, I believe it was to
23 the -- up over here, so this would be to his left, to my
24 right.
25 Q Was it still in his hand?
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NEAL BROWDER
1 A No.
2 Q It was on the ground?
3 A Yes.
4 Q When you saw it on the ground, did you -- you
5 realized that was the object in his hand that you
6 believed was a knife?
7 A I didn't know for sure, I'll say.
8 Q Okay. So at that point in time you believed
9 there's -- there still may be -- he still may have had a
10 knife, correct?
11 A Yes.
12 Q And before rendering aid to Fridoon, were you
13 concerned at all that he still had a knife and he may
14 stab you?
15 A No.
16 Q Did you take any steps to keep yourself safe
17 from being stabbed before rendering aid?
18 A No.
19 Q Would you agree a suspect, just in general, is
20 more dangerous with a knife the closer they are to you?
21 A Yes.
22 MR. RILEY: I would too.
23 BY MR. MILLER:
24 Q And is there -- is there a reason you didn't
25 consider that Fridoon still may have a knife when you
109
NEAL BROWDER
1 ran up to him?
2 A When I shot Mr. Fridoon, there -- there was an
3 immediate reaction. Just bear with me one second,
4 please.
5 There was an immediate response, and then the
6 first thing I -- I can think is, "Man, I've got to
7 render first aid to this guy," and so that was my -- my
8 next reaction to -- to -- to it.
9 Q Was -- was your body camera on the evening of
10 the incident?
11 A No, it was not.
12 Q Did you have any understanding of what the
13 policy was as far as turning the body camera on before
14 encountering a suspect with respect to a call like this?
15 A Yes.
16 Q What was your understanding?
17 A The policy at the time was any type of
18 enforcement contact, your camera should be on.
19 Q Did anyone ever tell you that you should have
20 had your camera on that night?
21 A Did anyone tell me that? No.
22 Q Did -- did anyone ever tell you after the --
23 after the shooting incident that you -- you violated the
24 policy, your camera should have been on, anything like
25 that?
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NEAL BROWDER
1 A No.
2 Q How long had you been wearing the body camera
3 prior to the night of April 15th?
4 A This is just a rough estimate, I -- I believe
5 it was a year. I was wearing it for a year.
6 Q Do you want to take a break?
7 A No, no, I'm fine.
8 Q Did you -- did you think that identifying
9 yourself as a police officer prior to shooting Fridoon
10 could have put you at risk in any way, your safety?
11 A No.
12 Q Did you think that identifying yourself as a
13 police officer, again prior to firing your gun, could
14 have jeopardized the safety of anyone else?
15 A No.
16 Q Did you -- on that evening April 30th, 2015,
17 did you have any other -- did you have a baton?
18 A No, I don't carry a baton.
19 Q Did you have any other -- any other weapons on
20 your -- on your person?
21 A As far as my utility belt, what I carry?
22 Q I just want to know on that night April 30th,
23 2015.
24 A Yes.
25 Q What else did you have?
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NEAL BROWDER
1 A A mace canister, an asp and then my -- my
2 taser.
3 Q And I missed the -- what was the -- in between
4 the mace canister and the taser?
5 A Oh, my asp.
6 Q What is that?
7 A It's a -- it's an expandable -- it's an
8 expandable baton, but it's not a traditional baton.
9 That's why I thought you were describing a PR-24. I
10 don't carry that.
11 Q And you've received training with a taser,
12 correct?
13 A Yes.
14 Q And with a mace canister?
15 A Yes.
16 Q And a collapsible baton, correct?
17 A Yes.
18 Q What is the range of the taser?
19 A The range, the maximum effective range is
20 21 feet.
21 Q And where was your taser? Was it on your
22 utility belt on April 30, 2015?
23 A Yes.
24 Q Did you ever remove it from your utility belt
25 that evening?
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1 A No.
2 Q And where was your mace canister?
3 A It was on my utility belt.
4 Q What's the range of the mace canister?
5 A I have the -- the small canister, so I believe
6 the range -- this is just a rough estimate -- five to
7 seven feet, I believe.
8 Q Prior to drawing your -- your gun on that
9 evening, did you consider using any lesser -- lesser
10 means of force against Fridoon?
11 A No, I did not.
12 Q Did you have any other -- any other weapons in
13 your car?
14 A No.
15 Q And I think we are -- I think we -- I
16 apologize if I asked this before, but did you have
17 your -- your bullet-proof vest, your front and your back
18 on, on April 30th, 2015?
19 A Yes.
20 Q Did you -- prior to firing your gun, did you
21 consider any other -- putting aside use of force
22 options, did you consider any other tactical options?
23 Backing away further? Moving in a different direction?
24 A No.
25 Q Did you consider waiting for back-up?
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1 A No.
2 Q Was there -- in the alleyway, how much -- how
3 much distance was there between you and the wall on one
4 side? I think it was -- was there a wall on your right
5 side?
6 A If you're describing -- if I'm facing
7 southbound in the alley, on the west side I believe it's
8 a fenced-in business and then on the -- which is the
9 west side, which would be to my right. To the left
10 would be part of the book store.
11 Q Okay. And was there -- how much space was
12 between you and the book store?
13 A Can you be a little more specific? I mean,
14 are we talking the wall of the book store? Are we
15 talking the front entrance to the book store?
16 Q Yeah, let me try and break it down a little
17 bit better.
18 A Okay.
19 Q So if you're standing facing Fridoon,
20 immediately to your left --
21 A Right.
22 Q -- if you were to walk to your left, what
23 would you run into?
24 A To the parking lot.
25 Q Okay. So there's open space into a parking
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1 lot?
2 A Right.
3 Q And immediately to your right if you were to
4 walk immediately to your right, what would you run into?
5 A Well, it would be my car because my car is
6 parked there, but do you mean on the other side of the
7 car?
8 Q Yes.
9 A It would be --
10 Q Good clarification.
11 A Okay.
12 Q Thank you.
13 A It would be -- to my recollection, I believe
14 there is a fenced-in business on the right-hand side of
15 the alley, which would be to the west.
16 Q Okay. And behind you is the back of the alley
17 leading to the street?
18 A Yes.
19 Q Okay. So you were not in a -- in a confined
20 space?
21 A No.
22 Q Did you have -- at the time, April 30th, 2015,
23 did you have any injury or disability that limited your
24 physical -- physical abilities?
25 A No.
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1 Q Was the -- from what you could tell, was the
2 alley flat? There was no elevation?
3 A It's flat.
4 Q And there were -- when you received the call
5 regarding the man with the knife, were there -- did you
6 receive a call about any other suspect in the immediate
7 vicinity?
8 A No.
9 Q And you were not aware of any other potential
10 suspects at the time you encountered Fridoon, correct?
11 A That's correct.
12 Q And how -- how tall are you?
13 A Approximately six feet.
14 Q And about how much do you weigh?
15 A 230.
16 Q Was that approximately your weight at the time
17 of the incident?
18 A Yes.
19 Q And other than your -- I know you testified --
20 I asked you questions about your use of the -- of the
21 Glock that you had, the Glock 21. Did you -- did you
22 obtain any other certifications? I know you obtained
23 the rank of expert before.
24 Were there any other certifications or tests
25 that you took to measure your proficiency with the
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1 Glock?
2 A Other than just what I previously described at
3 SWAT training or just our core certs at the department.
4 Q Okay. So you've covered it before?
5 A Yeah.
6 Q Okay. Have you received any training in
7 de-escalation techniques to try and -- if you encounter
8 a suspect, calm the situation down?
9 A Yes.
10 Q What type of training have you received at the
11 department in that regard?
12 A From what I remember, I believe it was a --
13 maybe a four-hour block regarding de-escalation of
14 force.
15 Q When did you --
16 A Classroom, classroom setting.
17 Q Okay. When was it?
18 A I don't recall. It's been a long time.
19 Q Do you recall the nature of -- of what you
20 learned?
21 A Yes.
22 Q What was it?
23 A Essentially you just try to use -- again,
24 depending on the circumstances that's given to you at
25 the time, you just try to -- try to minimize the
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1 situation, you know, through verbal commands and then
2 just use whatever appropriate force which is reasonable
3 at the time.
4 Q And did you -- did you employ any
5 de-escalation techniques with Fridoon that evening?
6 A I didn't have time, no.
7 Q And other than that four-hour block, did you
8 have any other de-escalation training?
9 A Not that I can recall.
10 Q And again, how long ago was that?
11 A There again it's -- it's been quite a while so
12 I don't know the specific time.
13 Q Did you have any training as far as
14 encountering suspects that may be mentally ill?
15 A We do receive training bulletins and we may
16 have received some training regarding that.
17 Q When you encountered Fridoon, did you have any
18 reason to believe that he may be mentally ill?
19 A I have no idea, no.
20 Q On the night of the -- moving to -- to after
21 the shooting, did you have any -- as part of the
22 investigation, did you have any blood that was drawn?
23 A Oh, for me?
24 Q Did they give you a blood test?
25 A Oh, no, no.
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1 Q Did anyone ask you to take a blood test?
2 A No.
3 Q How about a -- a breath test?
4 A No.
5 Q A urine test?
6 A No.
7 Q No one asked you to take any of those tests,
8 correct?
9 A No.
10 Q No, just so I'm clear for the record, no one
11 asked you; is that right?
12 A Right, no one asked me -- no one asked me to
13 take a urine test.
14 Q Were you tested in any way for alcohol or
15 drugs on that evening?
16 A No.
17 Q When you did -- do you recall doing a
18 walk-through of the incident?
19 A Yes.
20 Q And who was present during the walk-through?
21 A My attorney and the homicide investigators.
22 Q And was your attorney Mr. Brad Fields?
23 A Yes.
24 Q Is that still your attorney?
25 A Yes.
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NEAL BROWDER
1 Q And what matter does that attorney represent
2 you in connection with?
3 A He's our POA attorney which is covered by our
4 association, so he's assigned to us -- any
5 officer-involved type shooting investigations.
6 Q Okay. Had you met that person before that
7 evening?
8 A No.
9 Q What is a POA?
10 A Police Officers Association.
11 Q And was anyone else present during the
12 walk-through?
13 A To my knowledge, no.
14 Q And what time was the walk-through?
15 A I believe it was -- just a rough estimation,
16 maybe -- I want to say anywhere between two to four
17 hours after the shooting.
18 Q And -- okay. So before you did the
19 walk-through -- so -- so you rendered aid.
20 After that, what did you do next before the
21 walk-through?
22 A I was -- I was transported to Western
23 Division.
24 Q Okay. Who transported you?
25 A It was a peer support officer which is
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1 assigned to us through the department, and then he
2 transported me to Western Division.
3 Q Do you recall the name of that peer support
4 officer?
5 A Officer Jeff Gross.
6 Q Did you discuss the shooting with Officer
7 Gross?
8 A No, I didn't.
9 Q Before the -- and then at Western Division,
10 who did you meet with?
11 A Chief Zimmerman came by and -- just to check
12 my welfare and ask how I was doing. Captain Lucas,
13 Lieutenant Carter, and they were just there to check --
14 like to see how I was doing, if I needed anything.
15 Q Did you discuss the shooting with them?
16 A No.
17 Q How long were you at the Western Division?
18 A Probably until my attorney, Mr. Fields,
19 arrived, and then we remained there at the station until
20 the walk-through.
21 Q Okay. And then someone transported you back
22 for the walk-through?
23 A Yes.
24 Q Who did -- who did that?
25 A It was just me and my attorney.
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1 Q Okay. And then at the walk-through, do you
2 recall answering any questions about the incident?
3 A Yes.
4 Q And who asked you questions?
5 A It was either Sergeant Del Toro or Lieutenant
6 Hastings.
7 Q And do you recall what they asked you during
8 the walk-through?
9 A Yes.
10 Q What did they ask you?
11 A I believe it was to the effect is were there
12 any outstanding weapons at the scene.
13 Q And you told them no, right?
14 A Right.
15 Q And at the time you told them no, had you
16 canvassed the scene? Had you looked around for weapons?
17 A No.
18 Q And when you told Mr. Del Toro and
19 Mr. Hastings there were no weapons, that was a truthful
20 statement, correct?
21 A Yes.
22 Q Did -- at some point shortly after that, do
23 you recall your attorney telling Mr. Del Toro and
24 Hastings that there would be no more questions?
25 A Yes.
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1 Q And did anyone, Mr. Del Toro, Mr. Hastings,
2 protest that or say, "No, we'd like to ask a few more
3 questions"?
4 A To my recollection, no.
5 Q Okay. And did you leave -- leave the scene at
6 that point in time?
7 A Yes.
8 Q Okay. And did you do anything else during the
9 walk-through other than answer questions?
10 A Yes.
11 Q And how long was the walk-through?
12 A There again, an estimate, I would say 15 to
13 30 minutes.
14 Q And what was done during that 15 to
15 30 minutes?
16 A They were asking essentially the position
17 where my patrol car was parked, where I was standing,
18 where I was rendering first aid and where I saw
19 Mr. Fridoon initially.
20 Q Did you answer their questions?
21 A Yes.
22 Q And after you left, did you leave with your
23 attorney?
24 A Yes.
25 Q And did you go home after that?
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1 A Yes, I did.
2 Q Did anyone say to you before you left, "We'd
3 like to interview you further now to, you know, talk to
4 you more about the incident"?
5 A That was a discussion between my attorney and
6 myself.
7 Q Okay. I don't want to know between you and
8 yourself (sic) what -- what I -- what I want to know is
9 did you, you or your attorney, have that discussion with
10 any outside -- you know, any people at the department?
11 A That discussion was between my attorney and
12 the homicide investigators, and that was relayed to me
13 through my attorney.
14 Q Okay. Got it.
15 And before your -- I know you were interviewed
16 a few days later. During that time period, were you at
17 home during that time period?
18 A Yes.
19 Q Did you return to work?
20 A No. I believe I took -- I took that time off.
21 Q And during that -- during that period of time
22 before your -- your interview a few days later, did you
23 talk to anyone about -- putting aside your attorney, did
24 you talk to anyone about the incident?
25 A Just my wife. My wife.
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NEAL BROWDER
1 Q Yeah. Okay. Anyone -- put aside your wife
2 and your -- your attorney, did you speak to anyone else
3 about the incident in that -- in those few days before
4 your interview?
5 A (Witness shook his head)
6 MR. MILLER: Why don't we take a break?
7 MR. RILEY: Sure.
8 THE VIDEOGRAPHER: This marks --
9 MR. RILEY: What do you -- go ahead.
10 THE VIDEOGRAPHER: This marks the end of media
11 number 2 of the deposition of Neal Browder. We're going
12 off the record at 1:45 p.m.
13 (A short break was taken)
14 THE VIDEOGRAPHER: We are back on the record
15 at 1:57 p.m. and this marks the beginning of media
16 number 3 of the deposition of Neal Browder.
17 BY MR. MILLER:
18 Q During your -- your walk-through, did you see
19 any -- I know you testified before about having said you
20 were unaware of any weapons.
21 When you did your walk-through, did you see
22 any weapons anywhere in the vicinity?
23 A No.
24 Q Was your -- so your interview a few days
25 later, was that the first time that you told someone
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1 that you saw a knife -- what you believed was a knife in
2 Fridoon's hand?
3 A You're talking about with on-site
4 investigators?
5 Q Yeah, and -- and again, I want to just be
6 clear. I don't know -- I don't want to know what you
7 talked with your wife or your attorney about.
8 A Okay.
9 Q I just want to know when is the first time you
10 told anyone else that Fridoon -- you believed Fridoon
11 had a knife in his hand when you shot him?
12 A That would be with the homicide investigators.
13 Q And what was -- was that on May 5th, a few
14 days after the shooting?
15 A I would say it may have been during -- it may
16 have been during the walk-through. Let -- let's just
17 say this: From what I could recall, it was during the
18 homicide interview.
19 Q Which was a few days after the incident,
20 correct?
21 A Yes.
22 Q And I know you testified already that during
23 the walk-through there was one question asked while your
24 attorney was there about weapons, were you aware of any
25 weapons.
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1 Other than that question, were there any other
2 questions you recall them asking during the
3 walk-through, other than what we've already covered?
4 A Not -- not that I can remember at the moment.
5 Q And during the days before your homicide
6 interview between the date of the incident and the
7 homicide interview, did anyone from San Diego Police
8 Department call you and say, "Hey, we'd like to talk to
9 you sooner. Can you come in, you know, before that
10 date?"
11 A No.
12 Q When was the first time you discussed the --
13 the incident with Chief Zimmerman?
14 A That was maybe -- there again, this is just a
15 rough estimate. Maybe a month after the incident.
16 Q And do you recall what you discussed with her
17 about it?
18 A It was just a -- essentially, it was just a
19 meeting that I set up with her and there's nothing
20 specific about the OIS; it was just more of I just
21 wanted to thank her essentially for just her support,
22 and then the conversation kind of spinned off on sports,
23 because she's a big sports fan. And she just asked me
24 how I was doing, just generalized questions like that.
25 Q Nothing more specific about the incident?
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1 A No.
2 Q Did she ever ask any specific questions about
3 the incident?
4 A No, not that I can recall.
5 Q Other than your interview by the homicide
6 detectives, did you give any other interviews to the
7 San Diego Police Department regarding the incident?
8 A No.
9 Q Did Internal Affairs get involved, to your
10 knowledge?
11 A Regarding the OIS?
12 Q (Attorney nodded his head)
13 A They were doing a parallel investigation, from
14 what I understand. That was the only interview I did
15 was with homicide investigators.
16 Q So Internal Affairs never interviewed you in
17 connection with this incident?
18 A No.
19 Q Do you recall when you first learned that
20 Fridoon passed away?
21 A Yes. I was at Western Division, and I learned
22 that from my lawyer.
23 Q And this was shortly after the incident,
24 correct, the same evening or morning?
25 A It would be that same morning.
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NEAL BROWDER
1 Q When you were -- before the incident when you
2 were sitting in your car before you got the call, how
3 much -- how much sleep had you had the night before?
4 A The night before? I believe about eight
5 hours.
6 Q So you had a good night's sleep?
7 A Yes.
8 Q Had you taken any -- any drugs or alcohol the
9 preceding 48 hours before the incident?
10 A No.
11 Q Any prescription medication?
12 A No.
13 Q Was there anything about the sergeant's exam
14 that made you particularly anxious on that evening -- or
15 nervous?
16 A No, no, I was just getting some material
17 together, just to study.
18 Q So before the incident, there was nothing
19 about that day, you weren't sick? Nothing was different
20 than just a normal day?
21 A Just a normal day.
22 Q On the night of the -- the incident after --
23 do you have your -- do you have a department-issued cell
24 phone?
25 A It would be for the body worn camera.
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NEAL BROWDER
1 Q Okay. Did you have your own personal cell
2 phone?
3 A Yes.
4 Q Do you use that for police business?
5 A Just other than just vetting messages from
6 co-workers, but that's about it.
7 Q When you say "vetting messages from
8 co-workers" regarding issues at --
9 A No, just general conversations, you know,
10 with, you know, your co-workers. That's -- essentially
11 that's what you use it for.
12 Q And on the evening of the incident and the
13 days leading up to the homicide investigation interview,
14 did you call or text anyone regarding the incident,
15 putting aside your attorney and your wife?
16 A To what, to discuss the incident? Is that
17 your question?
18 Q Anything about the incident.
19 A No. A lot of the -- a lot of the messages I
20 was receiving were, you know, just checking on my
21 welfare. And that's pretty typical after an OIS. A lot
22 of your friends, a lot of your co-workers will call just
23 to see how you're doing, but that's it. There was no
24 discussion regarding the shooting at all.
25 Q How about e-mails, do you -- do you have a
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NEAL BROWDER
1 personal e-mail?
2 A Yes.
3 Q You also have a department -- a San Diego
4 Police Department e-mail?
5 A Yes.
6 Q And did you use either e-mail to send any
7 messages about the incident?
8 A No.
9 Q And this -- the call -- I read -- what is a
10 hot call?
11 A A hot call is what we consider like a crime in
12 progress, which means that it's an incident that's
13 occurring now. There is no delay in it and you're
14 receiving, I guess, realtime information regarding the
15 call.
16 Q Okay. Was the Fridoon call that you received
17 from dispatch a hot call?
18 A Yes, they upgraded that to a hot call, yes.
19 Q Was it originally not a hot call?
20 A That's how the call came out. It came out as
21 a hot call, I believe.
22 Q And is there a -- is there -- are you familiar
23 with a code system for calls, a Code 1, a Code 2, a
24 Code 3?
25 A Are you referring to like priority calls?
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NEAL BROWDER
1 Q Yes.
2 A Yes.
3 Q Was there a code assigned to the call you
4 received from dispatch regarding Fridoon?
5 A That was a priority -- I believe, because it
6 was a hot call, which would make that a priority 1.
7 Q Priority 1, is that the highest priority?
8 A Yes.
9 Q And is that -- would that be priority 1 or a
10 Code 1?
11 A Well, we don't call it a Code 1.
12 Q You call it a priority?
13 A It's just priority, priority 1 call.
14 Q And priority 1, if there was a man who had
15 his -- you know, a knife to another man's throat, would
16 that be a priority 1 call if that was reported, or would
17 that be another elevation?
18 A No, that would be -- well, there again, I
19 mean, is it -- is the -- I guess my question to you
20 would be given your example, is that in progress or is
21 that, you know --
22 Q Fair enough. Let me try and do it a different
23 way --
24 A Okay.
25 Q -- because I think you can describe this
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NEAL BROWDER
1 better than I can.
2 A Okay.
3 Q Tell me the -- the order of priorities. How
4 many categories of priorities are there?
5 A There's -- there's -- there's three -- there's
6 three priorities. You have priority 1 through
7 priority 4, and under the priority 1 umbrella, I would
8 say, would be considered your -- a hot call, and that
9 would be like I described before, that would be a call
10 -- normally it would be a call of violence or something
11 that's occurring now that's in progress, so --
12 Q And was -- would the Fridoon call that you
13 received from dispatch fall in that category?
14 A That's how they formatted the call.
15 Q Okay. And was the call that he had threatened
16 someone or that he was threatening someone as -- it was
17 in progress?
18 A The call came out as he was threatening one of
19 the employees at the adult book store with a knife.
20 Q So the call -- it was relayed to you as the
21 highest possible priority call?
22 A Yes.
23 Q And who told you that?
24 A Well, it's -- it's formatted through
25 communications, so it would be through the dispatch.
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NEAL BROWDER
1 Q Okay. And does the type of call, the priority
2 of the call, impact whether or not you're supposed to
3 wait for back-up?
4 A Well, it depends on the type of call, because
5 there are different priority calls. To give an example,
6 you could have a residential burglary where you may have
7 a reporting party hearing noises in the house. They can
8 make that a priority 1 call, so it really depends. It
9 depends on the type of calls, I would say, because
10 there's just -- there's a variety of calls that can be
11 priority 1 calls, if that makes sense.
12 Q So depending on the type of priority 1 call,
13 in some situations you should wake -- wait for back-up
14 and others you don't need to; is that it?
15 A It depends -- it depends on -- on the
16 information you receive and the type of call. It's up
17 to the discretion, I guess, of the officers depending
18 on -- given the circumstances that they're responding
19 to.
20 Q It's up to the -- to the responding officer --
21 in Fridoon's case, you -- to determine whether to wait
22 for back-up?
23 A Well, I was the first unit on scene, so yes.
24 Q Okay. And you determined not to wait for
25 back-up, correct?
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NEAL BROWDER
1 A Yes.
2 Q Okay. And when you -- when you -- when you
3 fired your gun on -- on -- on April 30th, 2015, did you
4 believe anyone other than yourself was in threat of
5 immediate bodily harm or death?
6 A At that specific moment, no, because I thought
7 he was -- he was going to stab me.
8 Q How -- how soon after April 30th, 2015 were
9 you back on patrol?
10 A I think I was back in patrol -- I want to say
11 in the month of June. April -- right, April, May,
12 probably either at the -- the end of May or some time in
13 the beginning of June.
14 Q And prior to being back on patrol, what were
15 you doing? Were you working at the police department?
16 A Right, I was on administrative duties at the
17 Western Division.
18 Q And was there some -- some event that
19 coincided with you being put back on patrol?
20 A I'm sorry. Can you clarify that?
21 Q Who told you you can go back on patrol?
22 A Well, that direction would have to come from
23 the chief's office, so it had to come from them. I
24 don't know.
25 Q Did the chief tell you directly that you were
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NEAL BROWDER
1 back on patrol?
2 A No. No, that's filtered through the command.
3 Q Who -- who told you?
4 A I believe it was either my captain or it could
5 have been my lieutenant.
6 Q And who is your captain and your lieutenant at
7 the time?
8 A It's Captain Lucas, Keith Lucas.
9 Q Who's the lieutenant?
10 A William Guard.
11 Q And do you recall when you were told you're
12 back on patrol, did they give you any kind of reason,
13 "We finished our investigation," anything?
14 A They just said, "You're clear to -- to go back
15 to patrol."
16 Q Okay. Were you -- were you disciplined in any
17 way as a result of the April 30th, 2015 incident?
18 A Disciplined? Are you referring to Internal
19 Affairs or --
20 Q Through anything through the department.
21 A No.
22 Q Were you -- was anyone at the department
23 critical of anything you did on the night of April 30th,
24 2015?
25 A That's kind of a broad question, so can you
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NEAL BROWDER
1 kind of narrow it down for me?
2 Q Sure. Did anyone at the department, Internal
3 Affairs, chief, anyone, say anything to you about the
4 evening of April 30th, 2015 negative of your tactics or
5 your actions that night?
6 A No, not to me, no.
7 Q Did you -- did you learn through someone else
8 that anyone at the department, other than your
9 attorney -- and that's true for all these questions. I
10 don't want to know what you learned from your attorney.
11 But did you learn from someone else that
12 anyone at the department was critical of your actions,
13 your tactics, on the evening of April 30th, 2015?
14 A To my knowledge, no.
15 Q Were you told by anyone at the department that
16 you -- you could have done something differently, your
17 tactics could be improved?
18 A No.
19 Q Were you told to participate in any training
20 or study or course at the department as a result of the
21 April 30th, 2015 incident?
22 A No.
23 Q Did anyone at the department tell you you
24 should, you know, revisit use of force policy or go back
25 and look at things as a result of that incident?
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NEAL BROWDER
1 A No.
2 Q Did anyone at the department say anything
3 positive or complimentary about how you handled yourself
4 or your tactics on the evening of April 30th, 2015?
5 A No.
6 Q Did anyone at the department comment one way
7 or the other on your conduct, your tactics, your actions
8 the night of April 30th, 2015?
9 A Not to me, no.
10 Q Did you hear anything from someone else that
11 someone at the department had commented about your
12 actions that evening?
13 A No.
14 Q Did anyone at the department tell you you
15 should have identified yourself as a police officer
16 prior to firing your weapon?
17 A That I should have?
18 Q You should have.
19 A No.
20 Q Did anyone tell you you should have considered
21 other non-lethal uses of force?
22 A No.
23 Q In your -- I read your interview and we'll get
24 to that in a minute. I wanted to ask you, you talked
25 about something called the 21-foot rule.
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NEAL BROWDER
1 Did you receive training on that at the
2 San Diego Police Department?
3 A I would say yes.
4 Q And how long ago did you receive that
5 training?
6 A It had been probably during the academy time,
7 1988.
8 Q And since that time you haven't heard the
9 phrase "21-foot rule"?
10 A Just other than just the training I received
11 from the academy.
12 Q And does this 21-foot rule involve how quickly
13 a suspect can get to you from that distance.
14 A Yes. That's part of it, yes.
15 Q And does it refer to needing time to take your
16 gun out of your holster, draw it, point it at a suspect
17 and shoot?
18 A I -- the 21-foot rule, from what I can
19 remember from the training, I guess it was more of a --
20 the -- kind of like a guideline. Like if someone is
21 within 21 feet, you know, your reactionary time, it
22 diminishes. So does that answer your question?
23 Q Yeah, and I know it was a long time ago. Do
24 you recall anything more specific than that about what
25 you were trained about the 21-foot rule?
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NEAL BROWDER
1 A The -- the only thing that I can recall is
2 just the reactionary time within that 21 feet, from the
3 officer's reaction time versus the suspect's -- you
4 know, can -- you know, close that distance from the
5 certain amount of time. It had to do with reactionary
6 time within that 21 feet. That's vaguely what I
7 remember.
8 Q Do you recall when you learned about the
9 21-foot rule, did it have to do with when an officer's
10 gun is already drawn and pointed at a suspect and their
11 finger is on the -- close to the trigger?
12 A So is your question is that part of the
13 training, like if your gun is already out, does that
14 apply --
15 Q Yeah.
16 A -- to the 21 --
17 Q My question is did you learn anything specific
18 about -- is there something about if your gun is in the
19 holster versus if it's already drawn and pointed at the
20 suspect, or did it -- you don't -- do you not recall
21 those kind of specifics?
22 A I can't recall that kind of specifics.
23 Q Okay.
24 MR. RILEY: Dan, I'm thinking of proposing a
25 15-minute break. Do you think you've got more than an
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1 hour?
2 MR. MILLER: It's close. I don't -- I don't
3 have that much more.
4 MR. RILEY: I'm thinking of grabbing a cup of
5 coffee.
6 MR. MILLER: Okay.
7 MR. RILEY: But if we're -- if we're going
8 another hour, I need a cup of coffee. What do you
9 think? Is that fair enough? I mean it's just
10 15 minutes.
11 MR. MILLER: Yeah, let's -- let's take
12 15 minutes.
13 MR. RILEY: Okay.
14 MR. MILLER: That's fine.
15 THE VIDEOGRAPHER: Going off the record. The
16 time is 2:23 p.m.
17 (A short break was taken)
18 THE VIDEOGRAPHER: Going back on the record.
19 The time is 2:42 p.m.
20 BY MR. MILLER:
21 Q After the -- well, after the April 30th, 2015
22 incident, was anyone -- I think we covered this, but the
23 specific area of using your body camera. Did anyone
24 criticize you or say you should have used your body
25 camera on that evening? You should have turned it on?
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1 A Personally?
2 Q Yeah.
3 A Say that to me? No.
4 Q Did you -- did you hear that from anyone else
5 that someone at the department said about you, you
6 should have used your body camera on that night?
7 A I was asked after the incident if the body
8 camera was turned on, and I told them no.
9 Q Okay. And beyond that "yes" and "no," did
10 anyone say next time turn it on, that's a violation of
11 the policy, anything like that?
12 A No, not to my knowledge, no.
13 Q Have you ever been disciplined for failing to
14 use your body camera in the line of duty?
15 A No.
16 Q Have you ever been criticized for failing to
17 use your body camera in the line of duty?
18 A No.
19 Q Has anyone ever told you, "Please use your
20 body camera more often in the line of duty," anything
21 like that?
22 A No.
23 Q Have you -- in your time at the -- at the
24 police department, did you become aware of any other
25 offenses that were involved in OISes, officer-involved
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1 shootings?
2 MR. RILEY: I'm sorry?
3 BY MR. MILLER:
4 Q Did you become -- I'll ask the question again.
5 I used the acronym you used before.
6 A Okay.
7 Q Did you -- did you become aware at any time of
8 other officers who you knew who were involved in
9 officer-involved shootings?
10 MR. RILEY: Objection. Relevance. Go ahead.
11 You can answer. I don't know where you're going with
12 this, but --
13 THE WITNESS: Yes.
14 BY MR. MILLER:
15 Q Okay. And in -- in the -- in the five years
16 -- the previous five years, how many other officer-
17 involved shootings at the San Diego Police Department
18 did you become aware of?
19 A In the past five years that I became aware of
20 the OISes that happened in our department, how many?
21 Q Yes.
22 A Let's see. Conservatively, between five and
23 ten.
24 Q And in those five to ten, do you recall
25 learning whether any of the officers involved were
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1 disciplined in any way by the department?
2 And John, just I'll give you a sense before we
3 -- because I can see -- can tell you're uncomfortable,
4 so this -- I'm asking questions that I believe are
5 consistent with the magistrate's order. I'm only going
6 back five years related to other shootings.
7 MR. RILEY: Do you want to confer?
8 MS. ROXAS: Yes.
9 MR. RILEY: Okay. Let's go off the record for
10 a minute.
11 MR. MILLER: Okay.
12 THE VIDEOGRAPHER: Going off the record. The
13 time is 2:46 p.m.
14 (A short break was taken)
15 THE VIDEOGRAPHER: Going back on the record.
16 The time is 2:51 p.m.
17 BY MR. MILLER:
18 Q In the five to ten instances of other officers
19 that were involved in -- in other shootings, keeping out
20 the names of the specific officers, do you recall
21 learning whether any of those officers were disciplined
22 or reprimanded as a result of the shootings?
23 A No.
24 Q Do you recall that they were not disciplined,
25 or do you just not recall one way or another?
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1 A Well, I don't recall any of those incidents
2 where the officer was disciplined.
3 Q Okay. So in those five to ten incidents, your
4 recollection is the officers were not disciplined,
5 correct?
6 A To my knowledge, yes.
7 Q Okay. Do you recall -- do you recall ever
8 learning of an incident where an officer -- leaving out
9 names -- where an officer of the San Diego Police
10 Department was disciplined on an officer-involved
11 shooting?
12 A No.
13 Q Did you -- have you ever had any kind of
14 firearms license?
15 A Yes.
16 Q What type of license?
17 A It was through BSIS.
18 Q What's that?
19 A It's the Bureau of Investigative Services.
20 It's normally -- it's -- it's a licensing division which
21 allows you to train security guards for their firearms
22 permit.
23 Q And is that a firearms training instructor's
24 license that you have?
25 A Yes.
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1 Q And do you still have that license?
2 A No.
3 Q How long did you have it for?
4 A I believe the license was valid for two years.
5 Q And did you have to go through training to
6 obtain that license?
7 A Training? As far as the application process,
8 I didn't have to receive any training from BSIS because
9 I think it was where I just did my law enforcement
10 experience.
11 Q Understood. Did you ever receive any training
12 at the San Diego Police Department about using your gun
13 and shooting a suspect in a leg or somewhere less likely
14 to -- to kill the person?
15 A Did we receive training to shoot people in the
16 leg?
17 Q The leg or somewhere else that's not -- the
18 arm maybe. Somewhere less likely to cause -- result in
19 death.
20 A No.
21 Q Where -- what area of the -- of the body were
22 you trained to shoot at?
23 A We were trained to shoot center mass.
24 Q And center mass is?
25 A I'd describe the torso area.
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1 Q Okay. And that's where you were aiming when
2 you shot Fridoon, correct?
3 A Yes.
4 Q Other than the San Diego Police Department and
5 your job there, did you have any other law enforcement
6 related jobs?
7 A No.
8 Q Have you ever been a prison guard?
9 A Yeah, in the military.
10 Q Okay. And what was -- what's your military
11 background?
12 A I did four years in the Marine Corps.
13 Q When did that tour in the Marine Corps end?
14 A 1987.
15 Q Okay. And when you were in the Marines, did
16 you receive firearms training?
17 A Yes.
18 Q And what type of firearms were you trained to
19 use?
20 A It would be the AR-15 and I believe we did
21 some training with the -- with the handgun also.
22 Q Do you recall what type of handgun you were
23 trained in?
24 A It was just the familiarization. It wasn't
25 that I was certified with it because it wasn't part of
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1 the scope of my job description, but it was with a 45.
2 Q And did you receive firearms training
3 throughout your time in the Marines?
4 A We had to qualify -- I want to say annually, I
5 believe.
6 Q And did you receive -- so you had to pass a
7 test annually to be -- to show proficiency with the use
8 of firearms?
9 A Yes.
10 Q And did you pass that test?
11 A Yes.
12 Q Each year?
13 A Yes.
14 Q Did you have any sniper training while you
15 were in the Marines?
16 A No.
17 Q In the Marines, did you receive any training
18 as far as use of force when you were a prison guard?
19 A Yes, as it pertains to working in the prison.
20 Q Did you carry a gun while you worked in the
21 prison?
22 A No. Firearms were not allowed in the prison
23 unless you worked the towers.
24 Q Okay. Which prison did you work in?
25 A I worked in Camp Pendleton for two years at
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NEAL BROWDER
1 their detention facility there and then two years at
2 Levenworth in Kansas.
3 Q And during your time at Camp Pendleton or
4 Levenworth, were you involved in any use of force
5 incidents?
6 A Not that I can recall at Camp Pendleton.
7 Q At Levenworth?
8 A There was one incident in Levenworth, yes.
9 Q Can you tell me the circumstances?
10 A Just real brief, essentially an inmate
11 attacked one of our guards and we had to take him into
12 custody.
13 Q Okay.
14 A That was it.
15 Q Are you aware of -- going back to the 21-foot
16 discussion we had, are you aware of any written policy
17 that the police department has about the 21-foot rule?
18 A Well, I think it was more of a guideline than
19 a policy --
20 Q Okay.
21 A -- regarding that.
22 Q So you don't recall seeing anything in writing
23 passed out to you, a hand-out or anything like that?
24 A No.
25 Q When this lawsuit was -- was filed around the
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1 time it was, did you -- did you take any -- did you
2 remove any social media profiles or anything from the
3 internet --
4 A Yes.
5 Q -- about yourself?
6 What did you take down?
7 A Oh, as far as social media, no, because I
8 don't have social media. You're talking regarding like
9 FaceBook?
10 Q Anything like that, yeah.
11 A I don't have any social media --
12 Q Okay.
13 A -- accounts.
14 Q As a result -- when this lawsuit was filed,
15 did you take anything off the internet about yourself?
16 A The -- I removed just some of the search
17 engines, I would say, where I had my name removed
18 because I was receiving death threats.
19 Q Officer Browder, I want to just -- my
20 colleague is --
21 MR. RILEY: Yeah, he's not going to touch it.
22 MR. MILLER: Yes, understood.
23 MR. RILEY: Okay.
24 BY MR. MILLER:
25 Q I just wonder if we can put that just in front
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NEAL BROWDER
1 of -- I want it to be in the camera so we can see it.
2 Tell me if you --
3 MR. RILEY: Is that close enough?
4 MR. MILLER: -- can see it.
5 MR. RILEY: Yeah.
6 THE VIDEOGRAPHER: Okay.
7 BY MR. MILLER:
8 Q Okay. Officer Browder, what I have put in
9 front of you is a -- is a blue pen -- blue and some
10 silver in it. I just want to -- and this is a pen that
11 was brought today. It was collected from the scene of
12 the incident. It's logged in evidence so we're going to
13 -- we're going to put it back when we're done with it
14 today, but I just want to -- I just wanted to ask you
15 about it before we do that.
16 Does this -- does this pen look familiar to
17 you? Does this look like the pen you saw on the ground
18 next to Fridoon?
19 A Yes.
20 Q Okay. And when you were observing -- prior to
21 firing your -- your weapon that evening, did you see any
22 blue? Because if you look at this pen, it's -- there's
23 a lot of blue in it.
24 Did you see any blue in the object that you
25 had observed prior to firing your weapon?
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NEAL BROWDER
1 A No.
2 Q Do you recall seeing any color of the object
3 prior to firing your weapon?
4 A What I saw was a metal object and then it was
5 reflected off of the lights.
6 Q Off of the headlights and the flashlight that
7 you had?
8 A Yes.
9 Q Okay. And other than seeing this pen next to
10 Fridoon, have you seen it any other time?
11 A To my knowledge, I think that was it from what
12 I can remember.
13 Q Okay. Okay. That's all -- that's all the
14 questions I have about the pen, so we can put that back
15 and send it back to evidence.
16 MR. RILEY: Are you -- are you using any of
17 these or what's going on?
18 MR. MILLER: I don't think we need the other
19 -- thank you for the offer, though.
20 BY MR. MILLER:
21 Q In the year preceding April 30th, 2015, did
22 you visit any psychiatrist, psychologist or mental
23 health professionals?
24 MR. RILEY: Objection. Can we go off the
25 record?
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NEAL BROWDER
1 MR. MILLER: Sure.
2 THE VIDEOGRAPHER: Going off the record. The
3 time is 3:03 p.m.
4 (A short break was taken)
5 THE VIDEOGRAPHER: Going back on the record.
6 Time is 3:05 p.m.
7 BY MR. MILLER:
8 Q So before we went off the record, I asked the
9 question: Have you -- in the past -- in the year
10 preceding the April 30th, 2015 incident, did you see any
11 mental health professionals? And I'm including
12 psychiatrists, psychologists.
13 A Yes.
14 Q And do you recall the name of the person you
15 saw?
16 A No, I don't.
17 Q Is this a psychiatrist?
18 A It was during the -- the debrief, which is one
19 of our protocols that we have to go through with a
20 mental health professional, so I don't know what her
21 title was.
22 Q A mental health professional within the
23 department?
24 A Well, it's through Focus, and that's -- it's
25 -- it's a -- it's a service -- I would say the best way
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NEAL BROWDER
1 to describe it is it's a service that's provided through
2 our department for officers.
3 Q Is this after the incident?
4 A Well, it -- like I said, it's before you're --
5 you're -- you're cleared to go back into the field, you
6 normally have what's called a debrief, what -- with a
7 mental health professional just to see how you're doing,
8 you know, how's your mental state, your state of mind,
9 those issues, so --
10 Q And this was after the incident of April 30th,
11 2015?
12 A Yes.
13 Q How about in the year before the incident, so
14 going back to --
15 A Before.
16 Q -- April 30th of 2014, did you see any mental
17 health professionals?
18 A No.
19 Q Psychiatrists, psychologists?
20 A No.
21 Q In that year before the incident, were you
22 taking any prescription drugs?
23 A No. No.
24 Q In the year before the incident, were you
25 using alcohol?
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NEAL BROWDER
1 A Okay. That's kind of a general statement so
2 what do you mean by -- okay. Is --
3 Q How -- how much alcohol in the year before on
4 average did you drink?
5 A Just recreationally.
6 Q Okay. Every day?
7 A No, we're probably talking maybe -- maybe once
8 a month, maybe.
9 Q And I'm assuming no recreational drugs?
10 A No.
11 Q And you don't smoke?
12 A No, I don't smoke.
13 Q Any other types of therapy during that year
14 preceding the incident, any anger management or any type
15 of behavioral therapy that you went to?
16 A No.
17 Q Did you see any doctors for any reason the
18 year before the incident?
19 A No.
20 Q Do you recall what shift you worked before the
21 incident, how many hours, what your previous shift was?
22 A It was graveyards, probably a ten-hour shift,
23 I believe.
24 Q And it was graveyard shift?
25 A I think so.
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NEAL BROWDER
1 Q Is that -- was that typical for you at the
2 time to work graveyard?
3 A Yes.
4 Q How many days a week do you work?
5 A My regular shift schedule is four days a week.
6 Q Four ten-hour shifts?
7 A Four ten-hour shifts, yeah.
8 Q Had you worked the night before the incident?
9 A No, I think I was on a day off if I'm not
10 mistaken. I think that that Tuesday was my first day
11 back to work, if I'm not mistaken. I would have to look
12 at the schedule.
13 Q Does the police department in the -- in the
14 year prior to the incident, did they give you any type
15 of drug test ever?
16 A Yes, we receive random drug testing.
17 Q Do you recall whether between April 30th, 2014
18 and April 30th, 2015 you received any drug test?
19 A Yes.
20 Q And did any of those come out positive?
21 A No, they were negative.
22 Q I want to mark as Exhibit 1 -- this is your
23 statement from the homicide interview.
24 (Whereupon, Exhibit Number 1 was
25 marked for identification.)
156
NEAL BROWDER
1 Q Officer Browder, do you recognize this
2 statement?
3 A Yes.
4 Q And other than your attorney -- I think you
5 answered this -- did you tell anyone else that you were
6 unavailable for an interview between April 30th and
7 May 5th?
8 A To my knowledge, no, I don't believe so.
9 Q Other than the video of the actual shooting,
10 did you watch any other videos prior to your interview,
11 body camera footage, anything else?
12 A No.
13 Q And I see in your statement -- this is
14 page 6. You said, "I couldn't get it out of my -- this
15 guy's not stopping, you know, and that's when I bailed
16 out of my car."
17 Did you consider staying in your car and
18 backing up at that point?
19 A No.
20 Q Did you have a megaphone in your car that
21 would project sound outside your car?
22 A Yes, we -- yeah -- yes, I did.
23 Q Did you -- did you use that megaphone and say
24 anything that could be -- say anything to anyone outside
25 the car?
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NEAL BROWDER
1 A No.
2 Q Did you consider using the megaphone and
3 identifying yourself as a police officer to Fridoon?
4 A No.
5 Q There's a statement -- just turning to page 9
6 of your statement here, it's the second line at the top.
7 It starts, just the sentence, "And normally when a cop
8 rolls up on it, they know that you're a police officer.
9 You know, they'll stop. You know, they'll either wait
10 for directions or they'll turn, or they'll take off
11 running. They'll do something completely different,"
12 so -- and you go on to say, "Fridoon didn't stop."
13 Is it your experience -- putting aside
14 Fridoon -- that when you identify yourself as a -- as a
15 police officer, someone sees a police officer, they
16 either stop or they -- they react, stop what they're
17 doing?
18 A It depends. Depends on the circumstances.
19 Q Is that one of the reasons you identify
20 yourself as a police officer, to get someone to stop
21 what they're doing?
22 A Yes.
23 Q Did it -- after you -- you shot your weapon on
24 the evening of April 30th, 2015 and you had gone to
25 render aid, did it occur to you that -- in your mind, "I
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NEAL BROWDER
1 think I made a mistake. I shouldn't have shot this
2 guy"?
3 A Absolutely not.
4 Q At any point in time did that occur to you
5 that you made a mistake and you shouldn't have -- you
6 shouldn't have done this?
7 A No.
8 Q And in retrospect, would you have done
9 anything differently that night as far as tactics or
10 what you did?
11 A Given the situation that was -- at that
12 specific time, no.
13 Q You would have done things exactly the same
14 way and shot him, correct?
15 A Based on the radio call and what I saw that
16 night, yes.
17 Q If you could just look at the last page?
18 A Could you give me a page number?
19 Q It's CO -- it's Bate numbered -- it looks like
20 that's not --
21 MR. McKISSICK: I think it's a different
22 document.
23 MR. MILLER: Okay. We'll use that one. You
24 can put that one aside. Thank you.
25 Let's mark this as Exhibit 2.
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NEAL BROWDER
1 (Whereupon, Exhibit Number 2 was
2 marked for identification.)
3 BY MR. MILLER:
4 Q This says, "Officer Involved Incident
5 Checklist."
6 Have you seen this document before?
7 A No, this is the first time I've seen it.
8 Q Do you see partway down on the left side, it
9 says, "Eyesight 20/15"?
10 A Right.
11 Q Is that correct?
12 A Yes.
13 Q And is that correct when you wear your
14 contacts?
15 A Yes.
16 Q Okay. Do you see where it says "contacts" --
17 there is a check next to -- or an X next to "No"?
18 A Yes.
19 Q Is that wrong?
20 A That's incorrect because I have to wear my
21 contacts.
22 Q And you had your contacts in that night?
23 A Yes.
24 Q So this document is incorrect in that regard?
25 A Regarding the contacts, yes.
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NEAL BROWDER
1 Q Okay. Were you a field training officer?
2 A Yes.
3 Q What does that involve?
4 A Essentially when new officers graduate from
5 the police academy, they're assigned to a field training
6 unit, which they're assigned to a training officer.
7 Q Okay. And how long have you been a field
8 training officer?
9 A 22 years.
10 Q Have you ever given a PowerPoint presentation
11 to your trainees?
12 A Yes.
13 Q And does it involve use of firearms?
14 A No, the PowerPoint essentially covers the
15 training anchors, which is indicated in the blue book.
16 Q Okay. In your performance reviews after the
17 April 30th incident, did anyone ever bring up the
18 incident in the course of your job performance reviews?
19 A As far as my annual evaluation?
20 Q Yes.
21 A Is that what you're referring to?
22 Q Yes.
23 A I'm sorry. Ask the question again.
24 Q Sure.
25 A I'm --
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NEAL BROWDER
1 Q How often are you reviewed in the performance
2 of your job?
3 A Annually.
4 Q And an annual review, is it at the end of the
5 year?
6 A Well, it's on your -- your date of hire, which
7 would be in February.
8 Q In your review in February of 2016, did anyone
9 bring up the April 30, 2015 incident?
10 A No.
11 Q I just want to mark as the next in line
12 Exhibit 3. And these are, it looks like, training
13 certifications regarding taser, air taser and bean bag.
14 (Whereupon, Exhibit Number 3 was
15 marked for identification.)
16 Q Have you seen these before?
17 A Yes.
18 Q And is there anything -- is there anything
19 inaccurate that you see there?
20 A No.
21 Q And the taser training, the taser training was
22 -- included training regarding the taser that you had
23 with you on the evening of April 30th, 2015?
24 A Let me be sure.
25 Yes.
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NEAL BROWDER
1 Q Okay. Was that a required certification you
2 need to obtain in order to use a taser?
3 A Yes.
4 Q Did you have any communications with the
5 District Attorney regarding the April 30th, 2015
6 incident?
7 A No.
8 Q Did you ever speak to anyone at the District
9 Attorney's Office?
10 A No.
11 Q About the incident?
12 A No.
13 Q How about to the press or the media, did you
14 ever talk to anyone in the press or the media about the
15 incident?
16 A No.
17 Q Did you search your e-mails to see if you had
18 found -- if you had sent anything, any e-mails regarding
19 the incident?
20 A Do you mean after the incident -- after the
21 OIS?
22 Q I mean, after this lawsuit was filed, did you
23 go back and look at your e-mails and see if you had sent
24 any e-mails regarding the incident?
25 A No.
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NEAL BROWDER
1 Q You never did that search?
2 A I don't believe so, no.
3 Q And do you -- is it possible that you sent
4 e-mails regarding the incident?
5 A The only e-mails was the -- the dialogue
6 between myself and my attorney.
7 Q Okay. Other than e-mails with your attorney,
8 you never sent any e-mails about the incident?
9 A No.
10 MR. MILLER: Okay. Why don't we -- let's go
11 off the record for a minute.
12 THE VIDEOGRAPHER: Going off the record. The
13 time is 3:24 p.m.
14 (A short break was taken)
15 THE VIDEOGRAPHER: Going back on the record.
16 The time is 3:30 p.m.
17 BY MR. MILLER:
18 Q And this can be under seal because this is
19 just a follow-up question on the more recent shooting.
20 ///
21
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25 ///
164
NEAL BROWDER
1 ///
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7 ///
8 MR. MILLER: Okay. I have no further
9 questions. I propose to relieve the court reporter of
10 her duties under the code and that the transcript be
11 sent to your counsel, Mr. Riley; that you have 30 days
12 to review, make any changes to your transcript; and if
13 the transcript is lost or destroyed for any reason, a
14 certified copy can be used at trial?
15 MR. RILEY: So stipulated.
16 MR. MILLER: Thank you.
17 MR. RILEY: Thank you, Mary Anne and Laura.
18 Thank you.
19 THE REPORTER: Thank you.
20 THE VIDEOGRAPHER: This concludes today's
21 deposition of Neal Browder. The number of media used
22 was three. We're off the record at 3:32 p.m.
23 (Whereupon, at 3:32 p.m., the deposition was
24 adjourned.)
25 --o0o--
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NEAL BROWDER
1 I certify (or declare) under penalty of
2 perjury under the laws of the State of California
3 that the foregoing is true and correct.
4
5 Executed at ________________________ on ______________. (Place) (Date)
6
7 _______________________________ (Signature of Deponent)
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1 DEPOSITION OFFICER'S CERTIFICATE
2 STATE OF CALIFORNIA ) ) ss.
3 COUNTY OF SAN DIEGO )
4
5
6 I, Mary Anne Young, hereby certify:
7 I am a duly qualified Certified Shorthand
8 Reporter in the State of California, holder of
9 Certificate Number CSR 12799 issued by the Certified Court
10 Reporters' Board of California and which is in full
11 force and effect. (Fed. R. Civ. P. 28(a)(1)).
12 I am authorized to administer oaths or
13 affirmations pursuant to California Code of Civil
14 Procedure, Section 2093(b) and prior to being examined,
15 the witness was first duly sworn by me. (Fed. R. Civ.
16 P. 28(a)(a)).
17 I am not a relative or employee or attorney or
18 counsel of any of the parties, nor am I a relative or
19 employee of such attorney or counsel, nor am I
20 financially interested in this action. (Fed. R. Civ. P.
21 28).
22 I am the deposition officer that
23 stenographically recorded the testimony in the foregoing
24 deposition and the foregoing transcript is a true record
25 / / /
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NEAL BROWDER
1 of the testimony given by the witness. (Fed. R. Civ. P.
2 30(f)(1)).
3 Before completion of the deposition, review of
4 the transcript [XX] was [ ] was not requested. If
5 requested, any changes made by the deponent (and
6 provided to the reporter) during the period allowed, are
7 appended hereto. (Fed. R. Civ. P. 30(e)).
8
9 Dated: JULY 27, 2016
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14 ______________________________
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ERRATA SHEETCHANGES IN TESTIMONY
S.R. NEHAD v. SHELLEY ZIMMERMANNEAL BROWDERJuly 12, 2016
PAGE LINE FROM TO
SIGNATURE OF WITNESS DATE
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
/
/// (8) 38:7,25;42:1,11; 164:20,25;165:1,7
A
abdomen (2) 74:18,19abilities (1) 115:24ability (1) 81:17able (5) 82:5;83:11,17; 98:11,14above (3) 73:14;101:19,19Absolutely (3) 63:6;105:21;159:3academy (19) 10:7;13:13,17; 21:2,5;22:9,10,11, 11;24:25;33:2,10,16; 44:3,12;89:20;139:6, 11;161:5accounts (1) 150:13accuracy (5) 18:6;26:8,9;44:17, 18accurate (4) 7:21;46:1,3;97:3accurately (1) 27:7achieved (2) 23:14;24:12acronym (1) 143:5across (1) 88:19act (1) 106:22actions (5) 59:12;137:5,12; 138:7,12activated (1) 97:21activity (1) 55:20actual (9) 10:25;21:18,19,20, 21;52:11;87:12; 94:9;157:9actually (11) 9:21;11:5;14:25; 18:21;27:19;33:8; 36:15;64:22;89:16; 93:13;105:14addition (7) 9:18;17:24;21:17,
23;25:1;35:19;83:17additional (7) 13:20,22;22:6; 24:5;27:5;33:21,23address (4) 33:7;90:24;92:13, 15addressed (1) 90:1addressing (1) 92:6adjourned (1) 165:24Administration (1) 42:16administrative (6) 31:21,22;32:2,4; 42:20;135:16adult (2) 56:1;133:19advanced (1) 33:20advantage (8) 80:15;81:11,14, 19;82:3,20;83:14,14advised (3) 58:16;79:17;86:15Affairs (10) 48:4;50:11;51:9, 22;52:13,14;128:9, 16;136:19;137:3affirmed (1) 102:23again (28) 16:4;17:23;23:12; 24:3,21;28:14;46:6, 8;58:19;64:23,24; 72:5;78:12;82:11; 83:10;87:11;88:1; 95:16;111:13; 117:23;118:10,11; 123:12;126:5; 127:14;132:18; 143:4;161:23against (6) 51:25;71:17,24; 72:1;90:4;113:10aggressing (4) 78:9,10,11;95:14agility (1) 22:5ago (12) 11:9;12:6;13:13; 21:6;27:24,25;44:4; 47:21;103:10; 118:10;139:4,23agree (9) 11:22;23:3;34:4,9; 35:12;54:1;74:7; 107:23;109:19ahead (7) 45:14;67:17;74:5; 84:25;96:1;125:9;
143:10aid (8) 108:13,18;109:12, 17;110:7;120:19; 123:18;158:25aiming (2) 20:7;147:1air (1) 162:13al (1) 5:7alcohol (4) 119:14;129:8; 154:25;155:3alleged (2) 44:8;45:11alley (23) 59:15,21;62:16; 63:1,16;64:3,5;66:8, 14,14,15,16;67:9,13; 68:16;82:7,16; 84:15;99:23;114:7; 115:15,16;116:2alleyway (1) 114:2allotted (1) 21:11allow (1) 80:15allowed (2) 82:14;148:22allowing (1) 107:4allows (3) 82:22;83:2;145:21almost (1) 95:18alone (1) 106:3along (1) 13:10alongside (1) 94:7always (4) 18:3;37:18;89:20; 90:25amount (3) 30:9;50:14;140:5anchors (1) 161:15anger (1) 155:14Anne (2) 6:1;165:17annual (2) 161:19;162:4annually (3) 148:4,7;162:3answered (5) 45:12;67:17,22; 84:25;157:5anxious (1) 129:14
apartment (4) 36:17;48:25;49:1, 4apologize (1) 113:16appear (2) 95:23;96:4appeared (6) 65:5;68:7;73:18; 78:13;100:17;101:7appearing (1) 5:14application (1) 146:7applied (1) 24:20apply (2) 25:4;140:14appreciate (2) 45:17;46:10approach (5) 34:1,5;72:13; 80:18;95:14approaching (3) 34:9,22;68:4appropriate (3) 32:17;74:3;118:2Approximately (2) 116:13,16April (50) 17:6;29:17;30:1; 31:4;36:9;37:7; 46:24;53:5,12;54:3; 55:14,21;61:4; 84:11;85:16;86:1; 88:7,13;90:7;92:17; 111:3,16,22;112:22; 113:18;115:22; 135:3,8,11,11; 136:17,23;137:4,13, 21;138:4,8;141:21; 152:21;153:10; 154:10,16;156:17, 18;157:6;158:24; 161:17;162:9,23; 163:5AR-15 (5) 17:1;22:24;29:8; 37:3;147:20area (7) 20:8;48:17;67:3, 20;141:23;146:21,25Arena (1) 54:10arm (4) 73:13;75:12; 100:16;146:18armed (6) 32:21;60:7,9,13; 68:21;82:25armor (1) 28:15arms (1)
73:17around (4) 32:2;55:14; 122:16;149:25arrangement (1) 104:22arrests (9) 43:2,5,5,6,6,7,15, 20;88:16arrived (9) 58:18;60:16,18; 61:9,10,12;62:15; 86:2;121:19Asian (2) 57:16;60:12aside (9) 10:14;36:9;43:10; 113:21;124:23; 125:1;130:15; 158:13;159:24asp (2) 112:1,5aspect (1) 82:8assaultive (1) 48:1assess (1) 95:11assessed (1) 95:13assessment (1) 95:19assign (1) 56:23assigned (11) 42:20;55:25; 56:11,22;57:2,3; 120:4;121:1;132:3; 161:5,6assignment (3) 31:21,22;32:5association (2) 120:4,10Assumes (2) 45:21;46:6assuming (1) 155:9attached (1) 97:10attacked (1) 149:11attend (2) 12:21;22:9attended (3) 12:15;44:3,5attention (1) 52:8attorney (53) 10:13,16;11:15; 12:1,5,21;33:17; 43:12;65:12;104:1,2, 9,12,15,22,24;105:2, 17,18,23;106:4,7,13,
Min-U-Script® Barkley Court Reporters (1) /// - attorney
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
20,23;107:2,3,16; 119:21,22,24;120:1, 3;121:18,25;122:23; 123:23;124:5,9,11, 13,23;125:2;126:7, 24;128:12;130:15; 137:9,10;157:4; 163:5;164:6,7attorney/client (4) 11:21;12:3;104:3; 107:15attorney's (4) 11:14;12:24; 107:20;163:9authorize (1) 30:4authorized (2) 30:8,15available (1) 24:6Avenue (1) 5:13average (4) 29:9,11;35:25; 155:4avoid (1) 45:17aware (9) 51:25;116:9; 126:24;142:24; 143:7,18,19;149:15, 16away (19) 7:8;15:16;52:23; 53:15;62:3;65:18; 66:19;70:3;75:16, 20;80:5;90:14;91:5; 94:4,8;100:8; 101:22;113:23; 128:20awful (1) 11:21
B
back (43) 25:7;28:4;30:25; 31:7,10;32:7;33:11; 37:17,19;63:11; 67:12;70:1;71:5,7; 82:2;85:13;106:23; 113:17;115:16; 121:21;125:14; 135:9,10,14,19,21; 136:1,12,14;137:24; 141:18;144:6,15; 149:15;151:13; 152:14,15;153:5; 154:5,14;156:11; 163:23;164:15background (2) 88:15;147:11Backing (2)
113:23;157:18back-up (5) 113:25;134:3,13, 22,25bad (1) 9:8bag (1) 162:13bailed (1) 157:15Barkley (2) 5:15;6:1barricaded (3) 24:2;26:17;36:16based (3) 19:25;90:25; 159:15basic (1) 25:2basics (1) 7:10Bate (1) 159:19bathroom (1) 63:5baton (10) 48:9,11;49:7,17; 50:9;111:17,18; 112:8,8,16beach (1) 56:1beams (3) 63:2;82:13,22bean (1) 162:13bear (2) 97:3;110:3became (1) 143:19become (10) 21:1;22:2;24:13; 25:4,24;26:3; 142:24;143:4,7,18beginning (4) 34:17;63:12; 125:15;135:13begins (1) 5:5behalf (4) 5:14,19,21,23behavior (1) 48:1behavioral (1) 155:15behind (10) 69:18,20;70:6; 76:7,16,18;89:11,22; 90:19;115:16belt (4) 111:21;112:22,24; 113:3bent (2) 74:16;100:16
beside (2) 50:4;69:17besides (3) 12:9,21;20:11best (9) 8:16;30:13,14; 66:4;87:14;91:18; 92:10;97:6;153:25better (18) 63:17;81:2,4,9,10, 13,17,22;82:14,24; 83:2,13,14,17;98:12, 14;114:17;133:1beyond (3) 74:3;101:4;142:9big (3) 101:6,7;127:23bit (6) 89:12,22,23;90:4, 9;114:17blind (5) 81:23;82:4,9,19; 83:6blinding (1) 82:21block (2) 117:13;118:7blocks (2) 28:13;54:14blood (3) 118:22,24;119:1blue (10) 61:2;79:12;86:9; 108:16;151:9,9,22, 23,24;161:15bodily (2) 32:19;135:5body (26) 11:3;20:2,4,4,8; 70:6;97:25;98:2,9, 25;99:1,4;101:22; 110:9,13;111:2; 129:25;141:23,24; 142:6,7,14,17,20; 146:21;157:11book (8) 56:1;67:4;114:10, 12,14,15;133:19; 161:15booked (1) 43:8both (2) 50:11;52:24bottle (1) 19:21bottle-shaped (1) 19:22Boulevard (1) 54:11Brad (1) 119:22break (18) 9:1,4;13:8;30:20,
24;63:5,10;85:2,12; 111:6;114:16;125:6, 13;140:25;141:17; 144:14;153:4; 164:14breaks (1) 9:2breath (1) 119:3brief (1) 149:10bright (16) 62:21;63:15,21, 22;64:6;73:25;80:9, 24;81:3,5,15,22,23; 82:18;98:21;99:7bring (3) 37:19;161:17; 162:9broad (1) 136:25broadcast (1) 64:23broken (2) 67:10,16brought (2) 52:7;151:11Browder (11) 5:6,24;6:4;63:8, 13;125:11,16; 150:19;151:8;157:1; 165:21BSIS (2) 145:17;146:8build (2) 65:6,7bulletins (1) 118:15bullet-proof (10) 70:24;71:2,3,4,10, 16,22,23,25;113:17Bureau (1) 145:19burglary (1) 134:6business (5) 7:13;67:7;114:8; 115:14;130:4
C
calf (3) 48:18;49:23;50:8caliber (2) 16:18;17:10CALIFORNIA (4) 5:1,9,13,15call (67) 21:3;52:9;54:5,6; 56:1,11,18,19,22,23; 57:3,3,4,5,7,8,22; 58:10,12,14,17;59:6, 9;64:11;79:1,20;
86:11,19;110:14; 116:4,6;127:8; 129:2;130:14,22; 131:9,10,11,15,16, 17,18,19,20,21; 132:3,6,11,12,13,16; 133:8,9,10,12,14,15, 18,20,21;134:1,2,4,8, 12,16;159:15called (8) 19:21;23:25; 24:25;26:14;33:20; 55:17;138:25;154:6calling (1) 86:20calls (14) 8:15;13:4,7;45:4; 52:7;56:25;58:3; 79:16;131:23,25; 134:5,9,10,11calm (1) 117:8came (7) 55:22;57:8;79:1; 121:11;131:20,20; 133:18camera (17) 11:3;110:9,13,18, 20,24;111:2;129:25; 141:23,25;142:6,8, 14,17,20;151:1; 157:11Camp (3) 148:25;149:3,6can (90) 7:4;8:16,25;14:10; 15:3;16:5,23;18:7, 22,24;19:7,15;22:22; 23:10;26:16;27:6; 28:22,22;30:7,20; 31:19;32:22;34:14, 15;43:4;44:13,19; 45:6,7,8,10,15;47:2, 23;52:8;54:17;55:7, 18;58:13;59:20,22; 63:4;67:18;71:21; 72:5;73:11;74:24; 76:13;81:9,22; 82:24;84:3;87:14; 89:11;97:3,6,13; 98:5;108:22;110:6; 114:13;118:9;127:4, 9;128:4;132:25; 133:1;134:7,10; 135:20,21;136:25; 139:13,18;140:1,4; 143:11;144:3,3; 149:6,9;150:25; 151:1,4;152:12,14, 24;159:24;164:18; 165:14canister (6) 112:1,4,14;113:2,
Min-U-Script® Barkley Court Reporters (2) attorney/client - canister
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
4,5canvassed (1) 122:16Captain (4) 121:12;136:4,6,8car (85) 11:6;54:16;55:1; 60:21,24;61:2,13,16; 62:6,7,8,19,22; 63:22,24,25;64:16; 65:20;66:9,18,20,22; 68:4,9,10,11,13,16, 17,19,21,22,23;69:1, 2,5,6,10,12,15,17,18; 70:3,5,6;75:17,18, 20,20;76:11,12;86:9; 87:6,7,23,24;88:5,5, 22,25;89:7,8;90:8, 14,15,18,22;92:22; 93:2;95:3,5;98:21; 100:11,11;113:13; 115:5,5,7;123:17; 129:2;157:16,17,20, 21,25care (1) 15:1career (9) 9:12,25;13:6; 46:14;47:7,9,15; 52:2,16carried (1) 30:15carry (7) 22:22;30:4,8; 111:18,21;112:10; 148:20carrying (1) 79:1cars (2) 61:25;63:20Carter (1) 121:13case (11) 5:8,9;6:15,19,24; 14:17;29:17;80:21; 81:6;92:12;134:21cases (10) 9:15,17,18,18,20, 23;10:2;43:19,21,23categories (1) 133:4category (1) 133:13cause (2) 78:22;146:18caution (1) 34:6Cavanaugh (2) 59:3,7cell (5) 58:3,9,11;129:23; 130:1center (6)
19:12,17,17,19; 146:23,24certain (8) 18:7;23:17;57:5; 84:2,4,6;85:23;140:5certification (4) 24:9,11;25:24; 163:1certifications (5) 23:15,17;116:22, 24;162:13certified (4) 23:23;25:2; 147:25;165:14certs (1) 117:3cetera (2) 14:19;74:1change (1) 102:25changes (1) 165:12check (5) 30:5,5;121:11,13; 160:17checked (1) 30:3checking (1) 130:20Checklist (1) 160:5chest (2) 20:8;101:17Chief (4) 121:11;127:13; 135:25;137:3chief's (1) 135:23circumstance (1) 86:3circumstances (19) 35:4,8;36:14; 45:14,22;46:7; 47:22;74:4;79:19; 83:24;84:4,7;85:24; 86:14;91:4;117:24; 134:18;149:9; 158:18citation (3) 89:6,11,21citations (1) 89:25cited (1) 43:9City (1) 5:24civilian (4) 76:7,9,10,13claim (1) 52:1clarification (1) 115:10clarify (7)
23:10;31:19; 46:19;50:18;55:18; 74:24;135:20class (1) 44:4classroom (2) 117:16,16clear (6) 12:20;15:20; 102:7;119:10;126:6; 136:14cleared (1) 154:5clearly (1) 19:10clerk (1) 57:9client (1) 105:19close (16) 11:21;33:1;44:7, 23;45:1;52:24; 54:15;69:1,11;74:17, 19;76:4;140:4,11; 141:2;151:3closed (2) 73:1;105:5closer (4) 74:17;76:19; 101:23;109:20closing (1) 69:15clothing (1) 82:14CO (1) 159:19coaching (1) 45:17Code (12) 26:15,18,19;46:9; 131:23,23,23,24; 132:3,10,11;165:10coding (1) 57:6coffee (2) 141:5,8coincided (1) 135:19collapsible (1) 112:16colleague (1) 150:20collected (1) 151:11collision (3) 6:16,17;7:1color (1) 152:2coming (6) 7:11;90:5;91:20, 25;92:8;96:22command (3) 52:12,17;136:2
commander (1) 24:5commands (1) 118:1comment (1) 138:6commented (1) 138:11committed (1) 44:8common (1) 55:9communicate (1) 105:19communication (1) 85:18communications (7) 55:22;59:13;68:5; 104:11;107:5; 133:25;163:4complaint (1) 52:7complaints (2) 51:25;52:10complete (1) 89:11completely (2) 19:8;158:11completing (2) 89:21,24complimentary (1) 138:3concealment (1) 89:24concerned (2) 75:25;109:13concerns (1) 73:24concludes (1) 165:20conduct (2) 106:22;138:7conducting (1) 89:5confer (1) 144:7confined (1) 115:19confirm (1) 84:15confirmed (7) 64:12,13,17,19,25; 68:4,5connection (3) 8:6;120:2;128:17conservatively (3) 10:1;43:13;143:22consider (15) 13:24;18:8,25; 19:11;26:15;79:21; 94:21;109:25;113:9, 21,22,25;131:11; 157:17;158:2
considered (2) 133:8;138:20considering (1) 35:22consistent (3) 96:15,17;144:5consistently (2) 16:10;53:23contact (3) 33:1;83:3;110:18contacting (3) 77:13,17;89:13contacts (15) 52:20,22;53:11,14, 17,19,20,23,25; 70:10;160:14,16,21, 22,25conversation (4) 8:22;10:15;59:7; 127:22conversations (1) 130:9cop (1) 158:7copy (3) 10:17;104:24; 165:14core (1) 117:3Corps (2) 147:12,13counsel (5) 5:17;34:17;45:16; 104:10;165:11couple (1) 8:20course (20) 9:12,25;13:6; 18:22;19:2,13; 24:23;25:3;27:10,13, 18,20,23;33:22; 35:24;87:3,15;90:3; 137:20;161:18Court (8) 5:8,15,25;6:1; 8:23;10:11;37:24; 165:9cover (6) 34:16;89:7,8;90:4, 10;98:24covered (6) 84:17;99:1;117:4; 120:3;127:3;141:22covers (1) 161:14co-workers (4) 130:6,8,10,22crime (2) 44:8;131:11crimes (1) 9:16criminal (5) 9:16,18;43:19,21,
Min-U-Script® Barkley Court Reporters (3) canvassed - criminal
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
23critical (2) 136:23;137:12criticize (1) 141:24criticized (1) 142:16cross (1) 79:24crossed (3) 66:17,19;80:2crossing (1) 99:23Crown (1) 64:1cup (2) 141:4,8currently (3) 25:8,9;42:13custody (3) 43:8;47:25;149:12cut (1) 71:21cut-off (2) 30:17,18
D
Dan (3) 5:19;56:12;140:24danger (1) 32:19dangerous (1) 109:20dangers (1) 33:5dark (4) 66:25;74:11; 81:14;87:20date (4) 5:10;127:6,10; 162:6day (6) 129:19,20,21; 155:6;156:9,10days (11) 124:16,22;125:3, 24;126:14,19;127:5; 130:13;156:4,5; 165:11deadly (3) 32:13,17;107:23deal (2) 32:21;33:15death (4) 32:19;135:5; 146:19;150:18debrief (2) 153:18;154:6decided (1) 105:24decides (1) 105:19
decision (3) 99:12,15;106:8de-escalation (4) 117:7,13;118:5,8Defendant (2) 6:5,20Defendants (2) 5:24;9:16definitely (1) 78:13Del (4) 122:5,18,23;123:1delay (1) 131:13demonstrate (3) 73:22;74:22;75:11demonstrated (2) 100:19,24demonstration (1) 74:5demonstrations (1) 73:25Department (61) 7:17;10:6;16:3; 17:14;20:20;23:4,5, 9,16,20;24:15;25:18; 26:21;27:10,12; 28:2;33:12;35:25; 37:8;43:24;47:14; 49:21;51:23;71:11; 83:5;86:7;88:24; 117:3,11;121:1; 124:10;127:8;128:7; 131:3,4;135:15; 136:20,22;137:2,8, 12,15,20,23;138:2,6, 11,14;139:2;142:5, 24;143:17,20;144:1; 145:10;146:12; 147:4;149:17; 153:23;154:2; 156:13department-issued (1) 129:23depend (1) 29:1depending (6) 16:5;35:8;37:24; 117:24;134:12,17depends (17) 29:2;35:4;45:13; 77:8;79:19;81:11; 82:1;83:24,24,25; 134:4,8,9,15,15; 158:18,18deponent (1) 107:4deponent's (1) 37:18deposition (20) 5:6,12;6:11;7:5; 10:12;12:1;34:18; 37:19;38:2;63:8,13;
100:20;102:1; 106:13,22,25; 125:11,16;165:21,23depress (2) 28:19;93:6describe (12) 28:18;46:7;47:22; 65:4;66:4;96:18,19; 97:2,4;132:25; 146:25;154:1described (5) 29:7;100:16; 101:25;117:2;133:9describing (3) 102:2;112:9;114:6description (13) 57:10,12,18; 60:13;64:10,12,21, 22;65:1;68:4;82:15; 84:16;148:1desk (1) 31:24destroyed (1) 165:13detail (2) 29:16;84:1detectives (1) 128:6detention (1) 149:1determination (1) 95:12determine (2) 50:11;134:21determined (4) 47:13;48:2;51:22; 134:24diagnosed (1) 7:24dialogue (1) 164:5DIEGO (23) 5:1,13;7:17;16:2; 17:13;20:20;24:15; 26:21;28:2;37:8; 43:3;47:13;53:22; 83:5;88:24;127:7; 128:7;131:3;139:2; 143:17;145:9; 146:12;147:4difference (2) 28:25;32:13different (17) 17:4;29:1,3;50:15, 22;58:8;74:12;75:4; 77:18;83:25;106:25; 113:23;129:19; 132:22;134:5; 158:11;159:21differentiate (1) 11:2differently (3) 77:19;137:16;
159:9difficult (1) 80:9diminishes (1) 139:22directed (1) 96:21direction (6) 61:19;65:21;73:3; 98:2;113:23;135:22directions (1) 158:10directly (1) 135:25disability (1) 115:23discipline (2) 51:2,19disciplined (10) 50:24;136:16,18; 142:13;144:1,21,24; 145:2,4,10discretion (1) 134:17discuss (5) 14:12;15:11; 121:6,15;130:16discussed (2) 127:12,16discussion (5) 124:5,9,11; 130:24;149:16dispatch (15) 55:23,24;58:7,10, 14,19,22;59:23; 64:11,12,20;131:17; 132:4;133:13,25dispatcher (7) 56:4,20,21;57:14, 19;58:16;59:2dispute (2) 37:11,16distance (4) 99:3;114:3; 139:13;140:4District (4) 5:8,9;163:5,8Division (7) 120:23;121:2,9, 17;128:21;135:17; 145:20divisions (1) 23:8docked (1) 51:10doctors (1) 155:17document (4) 106:17;159:22; 160:6,24documents (2) 106:13,14domestic (1)
47:24done (10) 21:15;26:25; 34:17;87:1;123:14; 137:16;151:13; 159:6,8,13door (27) 68:11,13,17,24; 69:1,2,5,6,12,15,17, 19,21,25;70:3,5,7; 88:25;89:8,10,11,22; 90:8,12,19;91:5; 105:5doors (1) 89:7Dow (1) 56:12down (11) 13:8;63:16;78:6,8, 9;96:13;114:16; 117:8;137:1;150:6; 160:8draw (2) 35:6;139:16drawing (3) 93:1,2;113:8drawn (5) 34:10,23;118:22; 140:10,19drew (3) 69:20,23;94:1drink (1) 155:4drive (2) 57:25;58:2driver (1) 6:25driver's (8) 66:9,11,18;68:12; 69:17;88:22;90:17; 99:24driving (2) 54:13;63:25drove (1) 92:20drug (3) 156:15,16,18drugs (4) 119:15;129:8; 154:22;155:9due (1) 55:7DUI (1) 43:5duly (1) 6:5during (32) 6:16;10:7,7;17:20; 19:2;33:20,22; 36:23;48:4;52:1; 59:6;80:14;119:20; 120:11;122:7;123:8, 14;124:16,17,21,21;
Min-U-Script® Barkley Court Reporters (4) critical - during
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
125:18;126:15,16, 17,22;127:2,5;139:6; 149:3;153:18; 155:13duties (5) 8:6;32:2;42:20; 135:16;165:10duty (12) 22:23;30:4,8,15; 31:18;35:18;36:10; 37:8;53:21;142:14, 17,20
E
Earlier (2) 10:22;101:25easier (2) 8:23;82:23east (1) 66:17eat (1) 85:8edged (13) 33:2,6,9,15;34:2,5, 8,23;35:11;71:17,21, 24;72:1effect (3) 33:9;83:13;122:11effective (1) 112:19eight (2) 65:5;129:4either (16) 24:16;29:13;58:3, 7;59:20;61:17; 73:16;91:21;101:20; 106:17;122:5;131:6; 135:12;136:4;158:9, 16elapsed (1) 95:2elected (1) 22:8elevation (2) 116:2;132:17else (23) 11:17;12:21; 51:22;60:9;78:22; 87:23;89:4;101:4; 102:22;104:13; 111:14,25;120:11; 123:8;125:2;126:10; 137:7,11;138:10; 142:4;146:17;157:5, 11else's (1) 32:18e-mail (3) 131:1,4,6e-mails (9) 130:25;163:17,18, 23,24;164:4,5,7,8
emergency (1) 86:13employ (1) 118:4employees (1) 133:19en (1) 58:17encounter (2) 77:4;117:7encountered (2) 116:10;118:17encountering (2) 110:14;118:14end (5) 63:7;125:10; 135:12;147:13; 162:4enforcement (3) 110:18;146:9; 147:5engaging (3) 91:1,6,7engines (1) 150:17enough (5) 15:4;92:9;132:22; 141:9;151:3entered (1) 13:12entire (2) 25:17;98:9entitled (3) 8:15;106:14,16entrance (1) 114:15equipment (1) 24:5essentially (12) 27:2;33:5;44:20; 87:16;117:23; 123:16;127:18,21; 130:10;149:10; 161:4,14estimate (29) 8:16,17,18;9:10, 14,19,25;11:11;16:6; 17:18;18:15;21:14, 24;31:11;43:2,22; 48:23;52:16;75:16, 17;76:9;87:12,14; 98:6;108:9;111:4; 113:6;123:12; 127:15estimation (3) 87:18;95:8;120:15et (3) 5:7;14:19;74:1evaluation (1) 161:19even (3) 8:21;22:22;52:7evening (30)
14:13;15:12; 53:11;54:3;80:5; 84:11;85:16;86:1; 88:7,13,20;90:7; 110:9;111:16; 112:25;113:9;118:5; 119:15;120:7; 128:24;129:14; 130:12;137:4,13; 138:4,12;141:25; 151:21;158:24; 162:23event (6) 15:12;37:11;38:5; 44:21;46:7;135:18events (1) 102:25evidence (4) 45:22;46:6; 151:12;152:15exact (4) 8:11;18:20;30:9; 52:5exactly (2) 61:23;159:13exam (3) 54:18,20;129:13EXAMINATION (1) 6:7example (3) 89:17;132:20; 134:5examples (1) 24:3excessive (5) 47:14;48:3;50:12; 51:23;52:1exhaust (1) 108:1Exhibit (6) 156:22,24;159:25; 160:1;162:12,14exhibiting (1) 47:25exited (5) 68:2,25;69:8,16; 93:25expandable (2) 112:7,8expanded (1) 22:21expanse (1) 52:15experience (6) 13:3;29:6;32:16; 45:9;146:10;158:13expert (10) 18:8,12,16,21,25, 25;19:6,14;20:11; 116:23explain (1) 73:11expression (2)
72:20,23exterior (1) 67:6external (1) 28:6eye (2) 53:3,9eyes (4) 72:25;73:2;83:19, 22Eyesight (1) 160:9
F
face (5) 70:13;81:16; 97:25;98:24;99:4FaceBook (1) 150:9faced (1) 67:5facial (2) 72:19,22facility (1) 149:1facing (6) 61:20;65:21,23, 24;114:6,19fact (6) 12:9;27:3;59:18; 61:25;69:9;71:21facts (2) 45:21;46:6failing (3) 19:13;142:13,16Fair (5) 15:4,24;38:1; 132:22;141:9fairly (2) 23:2;33:1fall (1) 133:13familiar (3) 93:4;131:22; 151:16familiarity (1) 7:6familiarization (1) 147:24family (1) 15:16fan (1) 127:23far (59) 6:12;9:21;13:3,21, 22;16:13,23;18:20; 21:16;22:23;23:1,10, 11;27:6,9;29:18; 31:13;32:20,22,24; 33:14;34:1;36:5; 43:4,24;44:6;46:16, 18,20;47:2;52:23;
53:14;54:12;55:18; 57:6;62:3;65:18; 66:19;70:3;71:15; 75:12,16;76:9; 79:15;89:18,19,20; 90:1;94:4,8;100:8; 110:13;111:21; 118:13;146:7; 148:18;150:7;159:9; 161:19fast (2) 75:7;85:6fault (2) 7:2,3feasible (4) 77:5,12,21;108:1February (4) 42:23,24;162:7,8feet (7) 76:14;112:20; 113:7;116:13; 139:21;140:2,6felony (3) 9:20;10:2;43:6felt (1) 78:18fenced-in (2) 114:8;115:14few (7) 123:2;124:16,22; 125:3,24;126:13,19Field (6) 42:18,21;154:5; 161:1,5,7Fields (2) 119:22;121:18filed (3) 149:25;150:14; 163:22filtered (1) 136:2final (1) 84:21findings (1) 50:13fine (4) 14:25;15:18; 111:7;141:14finger (10) 28:20;93:10,13, 19;94:2,5,11,15,23; 140:11finish (1) 37:18finished (2) 96:2;136:13fire (8) 18:22;19:1,3,13; 35:24;36:22;37:2; 94:17firearm (1) 23:15firearms (23)
Min-U-Script® Barkley Court Reporters (5) duties - firearms
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
13:3,16;20:25; 22:7,12,14,17;24:22; 26:20;27:1,11,14,19; 28:1;145:14,21,23; 147:16,18;148:2,8, 22;161:13fired (22) 11:6;35:17;36:10; 37:7;64:7;72:3,9,13, 17,20,23;73:1;78:7; 79:25;95:3,6,21; 97:14;101:2;102:13; 108:7;135:3firing (10) 78:1,4;93:3,7; 111:13;113:20; 138:16;151:21,25; 152:3first (40) 6:5;13:12;21:19; 22:18;25:6;33:12; 35:21;48:16;49:19; 55:19;58:14;61:8; 62:10,14,18;65:9,18, 22;67:25;68:1,16; 72:2,8,12,16;86:2; 94:1;99:18;108:18, 20;110:6,7;123:18; 125:25;126:9; 127:12;128:19; 134:23;156:10; 160:7fitting (1) 60:13five (30) 16:11,21;17:18, 20;18:2,23,24;19:7, 11;36:3;43:1,11,17; 48:23,24;49:3; 52:16;65:5,5;76:14; 108:9;113:6;143:15, 16,19,22,24;144:6, 18;145:3flashlight (14) 82:24;83:6,10; 97:7,15,18,25;98:13, 17,20,22,24;99:11; 152:6flashlights (1) 80:8flat (2) 116:2,3flickering (2) 67:13,21flip (1) 28:9focal (1) 26:18focus (4) 81:8;82:12;83:10; 153:24focusing (2) 17:12;78:13
folks (1) 85:8follow (2) 12:24;107:20follows (1) 6:6follow-up (1) 164:19footage (2) 11:3;157:11force (30) 14:23;32:10,13,14, 17;46:25;47:5,6,14; 48:2,5;50:14,15,16, 19,21,22;51:23;52:1; 77:22;107:23,24; 113:10,21;117:14; 118:2;137:24; 138:21;148:18; 149:4forced (1) 48:1Ford (1) 64:1formally (3) 26:22,24;27:9formatted (2) 133:14,24forward (1) 45:17found (3) 7:1,3;163:18foundation (3) 45:4,21;103:23four (20) 13:18,20;17:24; 30:11,12;48:23,24; 49:3,25,25;50:4,7; 54:14;84:24;106:24; 120:16;147:12; 156:5,6,7four-hour (2) 117:13;118:7frame (3) 47:8;55:14;87:11frequently (2) 87:1,2Fridoon (65) 62:12,14;64:9,15; 65:3;67:25;68:3; 70:14,18,21;72:3,8, 12,16;76:10,11,20, 23;77:25;78:6;80:1, 25;81:2,10;82:4,6,9; 84:13,20;85:17;88:8, 12;91:8;93:18,22; 94:1;95:4,6,21; 97:23;101:9;108:12, 18;109:12,25;110:2; 111:9;113:10; 114:19;116:10; 118:5,17;123:19; 126:10,10;128:20;
131:16;132:4; 133:12;147:2; 151:18;152:10; 158:3,12,14Fridoon's (4) 88:10;108:16; 126:2;134:21friends (1) 130:22front (10) 37:10;67:5;69:3; 71:1,5,6;113:17; 114:15;150:25; 151:9FTO (2) 42:16,17further (3) 113:23;124:3; 165:8
G
gain (1) 82:20gap (3) 91:17;92:4,7gave (5) 9:24;64:21;92:12, 15;104:19general (3) 109:19;130:9; 155:1generalization (1) 43:5generalized (1) 127:24gesture (1) 73:9gestures (1) 85:17given (11) 10:2,17,21;18:5; 57:10;91:3;117:24; 132:20;134:18; 159:11;161:10gives (2) 81:17;91:16giving (2) 7:21;59:11glasses (2) 52:20;53:19Glock (26) 16:17;17:2,4,5,10, 12,15,22;18:12,17; 20:11,14;23:1,1; 28:4,6,14,18,20; 29:1,4,20,25;116:21, 21;117:1goes (6) 16:13;33:11; 37:24;74:7;89:19; 90:1Good (8)
5:5;6:9,10;23:2; 44:18;86:8;115:10; 129:6grabbing (1) 141:4grade (2) 46:22,23grades (1) 46:19graduate (1) 161:4graveyard (2) 155:24;156:2graveyards (1) 155:22gray (2) 57:17,17great (2) 8:17;32:19Gross (2) 121:5,7ground (6) 8:14,20;50:2; 109:2,4;151:17guard (9) 94:7,12,16,19,20, 23;136:10;147:8; 148:18guards (2) 145:21;149:11guess (15) 8:17;13:23;19:14; 83:22,23;88:2; 91:18;92:10;94:21; 97:4,5;131:14; 132:19;134:17; 139:19guidance (1) 27:5guideline (2) 139:20;149:18gun (60) 14:2;15:23;16:12, 16;17:8,16,19;18:6, 13;20:14;23:2;28:5, 8;30:4;31:4,16; 34:10,23;35:17; 36:10,22;37:2,7; 59:24;60:3;64:7; 69:20,23;72:3,9,13, 17,20,23;73:1;78:1, 4,7;79:25;84:22; 92:20;94:1,17;95:3, 21;97:10,12,14; 102:13;108:4; 111:13;113:8,20; 135:3;139:16; 140:10,13,18; 146:12;148:20guns (14) 14:7,9,16,16,17, 19,21;15:8;16:12,22, 24;20:11;26:2;29:7
guy (4) 79:3,6;110:7; 159:2guys (1) 85:7guy's (1) 157:15
H
half (10) 62:7;66:22;75:18, 20;76:12;94:10,12, 14,24;100:11hammer (1) 28:14Hancock (1) 62:6hand (37) 65:16;68:7;73:19; 74:2,15;75:13;78:20, 25;85:17,20,21; 95:15,15;98:12,15; 99:13,16,19,20,25; 100:3,4,6,9,13,14,15; 101:14;102:17,18; 104:20,21;108:16, 25;109:5;126:2,11handgun (7) 16:15;22:21,25; 30:2;35:6;147:21,22handle (3) 32:25;37:13;56:18handled (2) 52:8;138:3handling (1) 27:6hand-out (1) 149:23hands (3) 65:15;83:12;84:4happened (9) 14:12;15:11; 44:17;48:24;54:5; 69:13;90:11;91:4; 143:20happens (1) 75:10happy (1) 9:4hard (1) 18:18harder (12) 80:20;81:6,24; 82:4,9,19;83:7,18; 84:8,13;87:22;88:4harm (1) 135:5harvest (1) 24:4Hastings (4) 122:6,19,24;123:1head (19)
Min-U-Script® Barkley Court Reporters (6) fired - head
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
33:17;36:16; 43:12;65:12;73:14; 80:24;81:1,3,6,15, 21,22,23;82:3,19; 99:7;101:19;125:5; 128:12headlights (9) 60:17;62:19,22; 63:15;64:3,6;80:9; 81:9;152:6health (7) 7:25;152:23; 153:11,20,22;154:7, 17hear (3) 72:17;138:10; 142:4heard (3) 64:10;88:10;139:8hearing (2) 87:24;134:7height (4) 57:18,20,21;65:4held (1) 73:19help (2) 71:24;86:21helpful (1) 13:25herein (1) 6:5Hey (1) 127:8high (3) 63:1;82:13,22higher (1) 101:17highest (2) 132:7;133:21himself (1) 36:17hire (1) 162:6hit (4) 19:4,4;37:4;48:15hold (2) 7:4;74:2holding (14) 65:10;73:21,22, 23;74:13;75:13; 98:12,15;99:16; 100:13,14;102:15, 17,21holster (5) 92:20,25;93:1; 139:16;140:19home (4) 15:15;16:6; 123:25;124:17homicide (16) 10:17,18;103:13, 16,25;107:13; 119:21;124:12;
126:12,18;127:5,7; 128:5,15;130:13; 156:23hope (1) 81:11hostage (2) 24:1;26:16hot (9) 89:3;131:10,11,17, 18,19,21;132:6; 133:8hour (2) 141:1,8hours (5) 17:21;120:17; 129:5,9;155:21house (1) 134:7How's (2) 37:25;154:8human (3) 20:1,3,8hypothetical (7) 34:12,25;35:14; 45:3,13,21;46:6
I
idea (5) 51:8;52:6;55:8; 86:8;118:19identification (3) 156:25;160:2; 162:15identified (1) 138:15identify (12) 5:17;76:22;77:3,5, 11,21;82:6,23;83:11; 84:14;158:14,19identifying (3) 111:8,12;158:3ill (2) 118:14,18illuminate (3) 84:3;97:25;98:9illuminated (2) 67:3;99:11illuminating (1) 99:8immediate (5) 33:7;110:3,5; 116:6;135:5immediately (4) 108:5;114:20; 115:3,4impact (4) 48:6,16,18;134:2importance (1) 44:7important (4) 45:10;46:3;77:15, 21
improved (1) 137:17inaccurate (1) 162:19inch (3) 94:10,12,24inches (1) 101:8incident (87) 6:22;10:16;17:5; 24:4,7;29:16,21; 30:1;31:4;36:9;37:6, 7,12;44:24;45:2,11, 23;46:24;48:20; 50:25;51:13,16;54:4, 13;57:23;96:11; 102:24;103:5,6; 110:10,23;116:17; 119:18;122:2;124:4, 24;125:3;126:19; 127:6,13,15,25; 128:3,7,17,23;129:1, 9,18,22;130:12,14, 16,18;131:7,12; 136:17;137:21,25; 141:22;142:7;145:8; 149:8;151:12; 153:10;154:3,10,13, 21,24;155:14,18,21; 156:8,14;160:4; 161:17,18;162:9; 163:6,11,15,19,20, 24;164:4,8incidents (5) 47:1,6;145:1,3; 149:5include (2) 9:17;22:12included (1) 162:22including (2) 35:19;153:11Incomplete (7) 34:11,24;35:13; 45:3,13,20;46:5incorrect (2) 160:20,24increase (1) 92:7increases (2) 46:22,23indicate (2) 86:23;87:6indicated (2) 86:3;161:15individual (9) 61:21,23;62:11; 80:16;82:7,13,15,23; 89:13individuals (5) 61:11,17;62:4; 76:2,4inform (1)
99:12informally (3) 26:22,22,25information (5) 28:16;59:13; 60:10;131:14; 134:16ingrained (1) 89:20initial (1) 58:10Initially (14) 49:11;54:6;55:17; 56:6;61:10;62:5; 65:11,13,14;66:13, 21;68:3;102:24; 123:19injury (2) 32:19;115:23inmate (1) 149:10inside (2) 48:25;49:1instance (1) 92:16instances (1) 144:18instruct (1) 107:8instruction (1) 12:25instructions (1) 107:21instructor (1) 28:2instructor's (1) 145:23instructs (1) 34:18insurance (1) 6:23intend (1) 104:5interjecting (1) 15:13internal (12) 28:13,16;48:4; 50:11;51:8,22;52:12, 14;128:9,16;136:18; 137:2internet (2) 150:3,15interrogation (1) 44:4interrupt (1) 63:4interview (27) 22:4;24:21;43:25; 44:7,13,19;45:7,10, 24;46:12;103:13,17; 107:13;124:3,22; 125:4,24;126:18; 127:6,7;128:5,14;
130:13;138:23; 156:23;157:6,10interviewed (5) 43:18;47:5; 103:21;124:15; 128:16interviews (2) 43:23;128:6into (23) 7:7;8:14;14:11; 15:3,10,21;28:15; 29:16;43:8;47:24; 62:16;63:1;64:3,5; 68:9;84:1;104:3; 105:17;114:23,25; 115:4;149:11;154:5invade (2) 15:15;107:1invades (1) 12:3investigated (1) 46:25investigation (8) 31:5;48:4;52:11; 103:25;118:22; 128:13;130:13; 136:13investigations (1) 120:5Investigative (1) 145:19investigators (12) 104:17,20,22,24; 105:2,8;107:13; 119:21;124:12; 126:4,12;128:15investigator's (2) 10:17,18involve (4) 9:15;139:12; 161:3,13involved (12) 6:17;7:1;44:21; 48:19;128:9;142:25; 143:8,17,25;144:19; 149:4;160:4involving (1) 47:6irrelevant (1) 45:23Irvine (1) 5:15issues (4) 7:25,25;130:8; 154:9issuing (1) 89:6
J
jab (1) 48:16jabbing (3)
Min-U-Script® Barkley Court Reporters (7) headlights - jabbing
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
101:23;102:3,10Jeff (1) 121:5jeopardized (1) 111:14job (6) 7:17;54:1;147:5; 148:1;161:18;162:2jobs (1) 147:6John (3) 5:23;11:16;144:2joined (3) 33:12;36:4;49:13judge (1) 37:11JULY (2) 5:2,10jump (1) 8:21June (2) 135:11,13jury (1) 9:22
K
Kansas (1) 149:2Keco (1) 11:4keep (6) 15:13;45:18; 68:11;69:3;104:12; 109:16keeping (2) 88:24;144:19Keith (1) 136:8kept (4) 64:6;69:7;79:2; 90:8kids (2) 15:16,22kill (1) 146:14kind (14) 8:13;9:24;85:20; 88:2;91:15;127:22; 136:12,25;137:1; 139:20;140:21,22; 145:13;155:1knew (3) 65:16;88:15;143:8knife (31) 32:21;33:1;35:11; 57:9;59:19;60:5,7, 14;68:7,22;73:18,21; 78:19,23;79:17; 95:14;99:14,17; 101:5;108:17;109:6, 10,13,20,25;116:5; 126:1,1,11;132:15;
133:19knowledge (11) 18:17;20:12; 29:18;58:5;120:13; 128:10;137:14; 142:12;145:6; 152:11;157:8known (1) 20:19knows (1) 77:13
L
Lacks (3) 45:3,21,22lady (1) 6:21lamps (10) 80:24;81:1,3,6,15, 22,23;82:3,19;99:7last (15) 14:1;16:8,10,21; 36:3;43:1;46:8; 53:22;59:3,12,14,20, 22;107:24;159:17later (5) 31:11;107:3; 124:16,22;125:25Laughlin (1) 56:12Laura (2) 5:14;165:17law (3) 10:11;146:9;147:5lawsuit (5) 7:7,16;149:25; 150:14;163:22lawyer (1) 128:22lay (1) 103:23leading (2) 115:17;130:13learn (5) 62:11;108:15; 137:7,11;140:17learned (8) 55:20;86:7;91:11; 117:20;128:19,21; 137:10;140:8learning (3) 143:25;144:21; 145:8least (2) 14:3;16:4leave (3) 123:5,5,22leaving (3) 59:14,20;145:8left (35) 25:7;63:1;69:6,24; 70:1,2,2,9;76:3,7,15,
16,17,18;90:20,23; 91:2,5,21;92:11,18; 93:2;99:19;100:3,4, 14;102:16,16; 108:23;114:9,20,22; 123:22;124:2;160:8leg (3) 146:13,16,17length (7) 12:15;75:17,18,20, 20;76:12,12lengths (8) 62:7,7,8;65:20; 66:21,22;100:11,11less (7) 18:24;29:7;30:11; 52:16;66:20;146:13, 18lesser (3) 50:19;113:9,9lessor (1) 50:21level (9) 18:8,9,11,16,19, 25;19:6,14;20:10Levenworth (4) 149:2,4,7,8license (6) 145:14,16,24; 146:1,4,6licensing (1) 145:20Lieutenant (5) 121:13;122:5; 136:5,6,9life (8) 14:12;15:9,11,13, 21;32:18,19;108:2life-threatening (1) 86:12light (11) 63:16;67:9,12; 82:7;83:19,22;97:21, 22;98:1,8,16lights (39) 60:19,20,24;61:1, 6;63:21,22,23;67:2, 5,6,15,20;70:13; 73:25;79:12,18,22; 80:5,8,15;81:19; 84:2,5,7,12;85:24; 86:4,8,9,15,23;87:5, 24;88:4;98:18,19,21; 152:5likely (2) 146:13,18limited (1) 115:23line (18) 12:12;16:20; 35:18;36:10;37:8; 91:2,15,16,19,20,24; 92:11,16;142:14,17,
20;158:6;162:11little (8) 16:23;89:12,22, 23;90:3,9;114:13,16located (2) 5:15;54:9location (2) 54:12;61:24logged (1) 151:12long (19) 12:6;13:4;15:1; 20:22;22:10;32:4; 42:22;53:17;62:8; 68:1;111:2;117:18; 118:10;121:17; 123:11;139:4,23; 146:3;161:7longer (1) 22:22look (13) 20:4;81:2,4;82:14, 25;83:2;137:25; 151:16,17,22; 156:11;159:17; 163:23looked (5) 101:5;103:24; 106:17,19;122:16looking (5) 47:23;60:12;73:4, 5;102:23looks (2) 159:19;162:12lost (1) 165:13lot (20) 35:7;54:4,8,9; 59:21;61:11,22,25; 62:1;67:5;76:2,5,8; 114:24;115:1; 130:19,19,21,22; 151:23Lucas (3) 121:12;136:8,8lunch (2) 85:4,12
M
M-5 (1) 29:14mace (5) 112:1,4,14;113:2,4magistrate's (1) 144:5main (1) 26:18maintaining (1) 96:14Majority (3) 14:6;16:15;55:15makes (1)
134:11male (4) 57:8,10,16;60:13Man (3) 110:6;116:5; 132:14management (1) 155:14manner (2) 73:19;75:14man's (1) 132:15manufacturer (1) 29:3many (49) 6:13;8:9;9:19; 11:10;13:13;16:8; 17:14,21;18:11,18; 19:1;21:10,14; 25:12;29:18,24; 30:6;35:17;36:8,22; 43:2,6,17;47:11,18; 48:13,22;49:9,15,23; 52:4,10;87:5,12; 103:4,14,21;105:12, 14,23;106:1,7,17; 107:13;133:4; 143:16,20;155:21; 156:4Marine (2) 147:12,13Marines (4) 147:15;148:3,15, 17mark (4) 37:22;156:22; 159:25;162:11marked (4) 19:10;156:25; 160:2;162:15marks (5) 63:7,12;125:8,10, 15marksman (1) 18:12Mary (2) 6:1;165:17mass (6) 19:12,17,18,19; 146:23,24match (1) 64:9matched (1) 65:1material (2) 54:24;129:16matter (2) 5:7;120:1maximum (1) 112:19may (29) 12:11;24:5;30:12; 44:21;60:13;71:24;
Min-U-Script® Barkley Court Reporters (8) Jeff - may
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
77:18;80:1;83:12; 84:5,7;89:13;99:24; 100:1,5;109:9,9,13, 25;118:14,15,18; 126:13,15,15;134:6; 135:11,12;157:7maybe (23) 13:4;16:11;27:25; 31:11;52:16,16; 62:6;66:21;75:17, 17;76:13,14;83:6; 97:5;100:11;117:13; 120:16;127:14,15; 146:18;155:7,7,8McKISSICK (3) 5:21,21;159:21mean (33) 35:5,7;52:7;56:8; 60:19;62:8;63:4; 66:7,11;68:19; 69:14;73:11;74:21, 25;78:11;81:11; 83:22,25;84:1;87:2; 89:9;91:6,19;92:4; 97:1;101:11;114:13; 115:6;132:19;141:9; 155:2;163:20,22means (4) 26:15;91:20; 113:10;131:12measure (2) 18:5;116:25media (12) 5:6;63:7,12; 125:10,15;150:2,7,8, 11;163:13,14;165:21medical (1) 86:12medication (2) 7:20;129:11meet (2) 22:8;121:10meeting (7) 11:25;12:5,6,8,16, 21;127:19megaphone (3) 157:20,23;158:2member (7) 20:18,22;21:1,15; 22:3,24;23:7members (1) 25:21memory (4) 7:25;8:1;30:13,14mental (7) 152:22;153:11,20, 22;154:7,8,16mentally (2) 118:14,18merits (1) 7:7messages (4) 130:5,7,19;131:7
met (2) 88:8;120:6metal (3) 78:24;94:22;152:4metallic (2) 98:16;101:3mic (1) 68:8middle (1) 61:22military (2) 147:9,10MILLER (87) 5:19,19;6:8;7:9, 15;11:22,24;12:4,13, 18,19,23;13:9,11; 14:15,21,24;15:3,5, 7,20;16:1;30:21; 31:2;34:13;35:9,16; 37:14;38:1,6;42:12; 45:5,16;46:2,8,13; 57:1;63:6,14;67:19, 24;74:6,9;75:1,3; 85:2,5,9,15;104:5,7, 8;105:21;106:1,5,10, 12,16;107:7,11,19; 109:23;125:6,17; 141:2,6,11,14,20; 143:3,14;144:11,17; 150:22,24;151:4,7; 152:18,20;153:1,7; 159:23;160:3; 164:10,17;165:8,16mind (13) 79:2,6,24;80:2,23; 81:5;82:10;84:12; 90:9,11,13;154:8; 158:25mine (1) 30:7minimize (1) 117:25minimum (2) 28:21,22minute (3) 138:24;144:10; 164:11minutes (5) 85:5;123:13,15; 141:10,12misdemeanor (1) 43:6miss (5) 18:22,24;19:7,7,11missed (1) 112:3mission (3) 36:18,19,23missions (10) 21:15,16,17,18,19, 20,21,24;23:25; 26:13mistake (2)
159:1,5mistaken (2) 156:10,11moderate (4) 96:20,23,25;97:4moment (3) 96:12;127:4;135:6monitor (1) 5:11month (12) 14:3;16:5,7,8; 17:25;20:15;32:6,7; 35:24;127:15; 135:11;155:8monthly (1) 35:23months (3) 13:18,20;17:24more (45) 8:18;13:21;16:23; 27:7;29:7,11,11,14, 16;32:22;37:19; 43:4;47:2,4;49:13; 55:9;61:21;63:16; 74:22;75:11;80:9; 82:5,5;83:22;85:6; 87:20;88:4;91:16; 92:15,19;105:16; 109:20;114:13; 122:24;123:2;124:4; 127:20,25;139:19, 24;140:25;141:3; 142:20;149:18; 164:19morning (5) 5:5;6:9,10;128:24, 25most (1) 20:14motion (5) 73:16;93:9; 101:24;102:3,10move (6) 91:10,15;94:11, 24;101:10,22movement (3) 85:21;101:12,13moving (11) 65:25;66:1,4,6; 94:15;96:24;102:2,9, 12;113:23;118:20MP-5 (5) 17:2;22:19,20,24; 29:12much (17) 11:25;17:14; 28:19;29:24;68:1; 85:7;94:13;95:2; 98:5;114:2,3,11; 116:14;129:3,3; 141:3;155:3myself (8) 6:25;49:11,20;
59:8;92:19;104:15; 124:6;164:6
N
name (6) 59:1,3;88:10; 121:3;150:17; 153:14named (1) 62:12names (2) 144:20;145:9narrative (1) 13:7narrow (1) 137:1nature (3) 79:1,16;117:19Neal (8) 5:6,23;6:4;63:8, 13;125:11,16;165:21near (3) 54:4;67:9;75:21nearby (1) 11:5near-sighted (1) 52:25necessarily (4) 55:11;82:21; 83:21;89:23need (13) 9:1;19:4,4;24:5; 53:14,25;85:6,8; 107:16;134:14; 141:8;152:18;163:2needed (4) 29:19,25;55:21; 121:14needing (1) 139:15negative (2) 137:4;156:21Nehad (1) 5:7nervous (1) 129:15new (1) 161:4next (13) 58:6,15;59:19; 70:5;108:11;110:8; 120:20;142:10; 151:18;152:9; 160:17,17;162:11night (32) 17:5;66:23,24; 70:24;74:11,11;82:2, 10;87:20;88:4,5; 90:11;97:8,16,18; 101:7;102:24; 110:20;111:3,22; 118:20;129:3,4,22;
136:23;137:5;138:8; 142:6;156:8;159:9, 16;160:22night's (1) 129:6nodded (4) 33:17;43:12; 65:12;128:12noises (1) 134:7non-chalant (1) 97:1non-deadly (1) 32:14None (2) 103:19;105:2non-lethal (1) 138:21non-verbal (1) 85:17noon (1) 85:3normal (3) 8:22;129:20,21normally (8) 19:21;35:23; 89:10;91:1;133:10; 145:20;154:6;158:7north/south (1) 66:14northbound (1) 65:24noticed (1) 68:6number (19) 5:6,9;8:11,15; 9:11;17:21;18:20; 19:25;52:6;63:8,13; 87:8;125:11,16; 156:24;159:18; 160:1;162:14; 165:21numbered (2) 19:23;159:19
O
o0o (1) 5:3o0o- (1) 165:25object (22) 34:18;74:13; 75:13;78:25;84:23; 98:16;99:16;100:12; 101:2,3,10,13,13,16; 102:9,12,16;108:15; 109:5;151:24;152:2, 4objecting (1) 12:14Objection (22) 11:20;12:2,7,12,
Min-U-Script® Barkley Court Reporters (9) maybe - Objection
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
14,22;13:7;14:10; 15:10;34:11,24; 35:13;37:9;45:12, 20;46:5,9;56:25; 103:23;107:15; 143:10;152:24objections (2) 12:8;45:18objects (1) 70:17obscured (3) 70:14,17,21observation (1) 74:10observe (5) 72:19,22,25; 74:13;95:20observed (6) 65:3;75:12,15,19; 76:19;151:25observing (1) 151:20obtain (9) 18:9,16,19,24; 19:6;20:25;116:22; 146:6;163:2obtained (4) 18:11;20:10;24:8; 116:22obvious (1) 88:2obviously (1) 80:15occasion (4) 35:5;103:11,14,16occasions (7) 6:13;8:9;47:11,18; 52:4;103:7,8occur (2) 158:25;159:4occurred (1) 38:4occurring (2) 131:13;133:11off (39) 9:4;14:10;18:23; 30:22;63:9;67:21; 76:15,16,16,18; 85:10;86:4;91:1,15, 16,19,20;92:11,16; 97:13,15;98:16; 124:20;125:12; 127:22;141:15; 144:9,12;150:15; 152:5,6,24;153:2,8; 156:9;158:10; 164:11,12;165:22offenses (1) 142:25offer (1) 152:19office (6) 11:14;31:23;
42:16,18;135:23; 163:9officer (48) 8:7,12;16:21; 22:23;25:15,16; 37:8;42:21;43:3; 49:12,21;53:22; 56:12,12;76:23;77:1, 4,6,12,14,17,22;80:1, 3;86:20;111:9,13; 120:25;121:4,5,6; 134:20;138:15; 145:2,8,9;150:19; 151:8;157:1;158:3,8, 15,15,20;160:4; 161:1,6,8officer- (1) 143:16officer-involved (4) 120:5;142:25; 143:9;145:10officers (36) 18:19;21:10; 22:15;25:12,14,17, 20;26:21;27:1,3,17, 18,21;33:21;48:19; 49:3,9,13,15,20,23, 25;50:4,7;56:8,10; 120:10;134:17; 143:8,25;144:18,20, 21;145:4;154:2; 161:4officer's (2) 140:3,9often (6) 14:2;17:21;20:15; 87:20;142:20;162:1OIS (4) 127:20;128:11; 130:21;163:21OISes (2) 142:25;143:20once (16) 14:3;16:5,6,8; 17:25;20:15;22:5,7; 24:23;33:22;35:24, 25;90:18;93:10; 105:16;155:7one (43) 6:14;12:5;17:7; 24:20;46:8;47:19; 49:12;53:3,9;56:5; 59:23;60:1,3,4; 61:21;74:22;75:11; 76:6;80:22;87:16; 91:10,10;93:9; 95:15;99:22;103:9; 104:20;110:3;114:3; 119:7,10,12,12; 126:23;133:18; 138:6;144:25;149:8, 11;153:18;158:19; 159:23,24
ones (1) 17:3only (12) 6:25;18:22;19:6; 22:19;49:20;60:10; 82:16;102:23; 128:14;140:1;144:5; 164:5on-site (1) 126:3open (13) 68:11,13,17,24; 69:2,3,5,7;73:2; 88:23,25;89:10; 114:25opened (1) 72:25opinion (1) 107:1opted (3) 50:15,17,22option (6) 50:15,16,19,21,23; 107:24options (2) 113:22,22order (8) 21:4;24:17;30:2,4; 46:3;133:3;144:5; 163:2original (1) 13:12originally (1) 131:19others (1) 134:14otherwise (2) 7:11;20:19ourselves (1) 77:5out (32) 17:25;22:21; 36:19;55:22;61:16; 64:16;67:25;68:9; 69:9,12,18;79:1; 87:20;90:18,22; 91:24,24,25;95:2,5; 104:12;131:20,20; 133:18;139:16; 140:13;144:19; 145:8;149:23; 156:20;157:14,16outfitted (1) 63:20outside (10) 16:2;19:11;36:8; 66:25;69:1;81:15; 93:1;124:10;157:21, 24outstanding (1) 122:12out-stretched (4) 74:15,20,21;75:2
over (15) 8:25;9:25;13:6; 17:12;21:24;30:8; 52:5;64:23;66:17, 19;87:3,3,15;99:23; 108:23Overall (1) 43:7own (5) 13:23;14:7;18:1; 20:15;130:1ownership (1) 14:18owns (2) 14:22,25
P
pace (15) 95:22,24;96:10,12, 15,17,18,19,19,21, 21,23,25;97:1,2paced (1) 97:5page (4) 157:14;158:5; 159:17,18panel (4) 71:5,5,6,7paperwork (1) 54:18parallel (1) 128:13park (1) 68:9parked (4) 61:13,25;115:6; 123:17parking (14) 54:4,8,9;59:21; 61:11,22,25;62:1; 67:5;76:2,5,7; 114:24,25part (22) 10:9;20:6;22:11; 30:3;31:5;44:11; 70:6;71:1,9;77:9; 80:19;83:16;91:3,14, 23,25;97:24;114:10; 118:21;139:14; 140:12;147:25participate (1) 137:19particular (12) 17:16,19;18:13, 23;22:14;23:8;24:7; 37:12;38:3;47:8; 63:24;80:13particularly (2) 63:21;129:14partner (3) 55:3,5,9partners (1)
56:14partway (1) 160:8party (4) 59:19;60:6,8; 134:7pass (8) 19:15;21:4;22:5,6; 26:8,11;148:6,10passed (4) 21:8;25:23; 128:20;149:23passenger (1) 68:8past (5) 17:13;43:11,17; 143:19;153:9patrol (20) 22:15,23;32:7; 42:13;55:10,12; 56:8;71:13;82:18; 92:22;98:21;123:17; 135:9,10,14,19,21; 136:1,12,15patrolling (2) 55:15;87:4pay (4) 46:19,22,23;51:10peer (2) 120:25;121:3pen (9) 108:16,19;151:9, 10,16,17,22;152:9, 14pending (1) 9:3Pendleton (3) 148:25;149:3,6People (8) 43:8,8;61:9;62:1; 70:20;75:21;124:10; 146:15per (3) 29:19;31:13;84:7percentage (1) 18:19perform (2) 24:23;54:1performance (3) 161:16,18;162:1period (3) 124:16,17,21permissible (3) 45:19;46:9;74:4permit (1) 145:22person (11) 58:21;68:6;77:13, 16;80:19;82:16; 83:3;111:20;120:6; 146:14;153:14personal (13) 7:7,13;13:23;14:2,
Min-U-Script® Barkley Court Reporters (10) objections - personal
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
3,12,19;15:8,11,14, 17;130:1;131:1personally (4) 14:7,25;59:4; 142:1pertains (1) 148:19phone (5) 58:3,9,11;129:24; 130:2phonetic (1) 56:13phrase (3) 92:3;93:4;139:9physical (5) 22:5;43:19;87:8; 115:24,24physically (1) 95:5piece (1) 94:22pieces (1) 71:3place (3) 5:12;12:9;33:22plaintiff (1) 6:19plaintiffs (2) 5:20,22plan (1) 74:1planning (2) 54:19,21please (9) 5:17;6:2;9:1,7; 13:8;30:20;75:7; 110:4;142:19pm (13) 85:14;125:12,15; 141:16,19;144:13, 16;153:3,6;164:13, 16;165:22,23POA (2) 120:3,9point (22) 31:7;37:23;61:4; 62:21,24;70:4; 73:14;76:1;79:24; 95:20;96:4;98:3; 99:21,22;101:9; 108:15;109:8; 122:22;123:6; 139:16;157:18; 159:4pointed (9) 80:24;84:22;94:1; 98:1;99:7;100:17, 22;140:10,19pointing (2) 93:18,22points (2) 26:18;106:24pointy (1)
101:3Police (84) 7:17;8:7,12;10:5; 13:13;15:13;16:3,20, 21;17:13;20:20; 23:20;24:15;26:21; 28:2;33:12;37:8; 43:3;47:14;51:23; 53:22;58:3;60:17, 24;61:1,5,13;62:19, 22;63:20;68:2; 76:22,25,25;77:4,6, 12,14,17,22;79:12, 18,21;80:1,3;83:5; 85:24;86:4,8,22,23; 87:5,6,23,24;88:4,5, 22,24,24;89:20; 111:9,13;120:10; 127:7;128:7;130:4; 131:4;135:15; 138:15;139:2; 142:24;143:17; 145:9;146:12;147:4; 149:17;156:13; 158:3,8,15,15,20; 161:5policy (8) 71:11;110:13,17, 24;137:24;142:11; 149:16,19portion (3) 10:20;37:22;38:2position (7) 22:4;75:12;95:15; 100:23;107:6,9; 123:16positions (1) 24:20positive (2) 138:3;156:20possessions (1) 14:19possibilities (1) 108:2possible (7) 45:1,25;46:12; 80:18,20;133:21; 164:3POST (2) 10:9;25:1potential (1) 116:9poundage (4) 28:21,22;29:7; 30:5poundages (1) 29:5pounds (12) 28:22,23,24;29:19, 24;30:6,9,9,11,12, 16;31:13PowerPoint (2) 161:10,14
PR-24 (2) 48:8;112:9practicing (1) 15:23preceding (4) 129:9;152:21; 153:10;155:14preference (1) 37:18preliminary (1) 9:22preparation (2) 106:22,25prepare (2) 10:14;12:1prescription (2) 129:11;154:22present (2) 119:20;120:11presentation (1) 161:10presented (2) 33:8,8press (2) 163:13,14pressure (5) 28:19;29:19,25; 30:6;31:13pretty (3) 23:2,6;130:21prevent (1) 7:21previous (3) 88:16;143:16; 155:21previously (3) 85:23;100:19; 117:2primarily (2) 26:17;53:20primary (1) 26:4prime (1) 24:3prior (30) 14:16;29:21;30:1; 46:24;73:1,1;77:22, 25;78:4;79:25;88:7, 12;96:7;102:13; 103:13,16,16,25; 111:3,9,13;113:8,20; 135:14;138:16; 151:20,25;152:3; 156:14;157:10priorities (3) 133:3,4,6priority (20) 131:25;132:5,6,7, 7,9,12,13,13,14,16; 133:6,7,7,21;134:1, 5,8,11,12prison (6) 147:8;148:18,19,
21,22,24private (1) 27:21privilege (5) 11:21;12:3;104:4; 107:2,16probably (36) 10:1;11:12;16:6,7, 10,10;17:25;27:24; 29:11,13;33:23; 53:7;54:14;62:6,25, 25;65:20;66:20; 76:13,13;87:18;94:6, 10,14;95:8,9;98:7; 99:3;100:10;104:25; 108:9;121:18; 135:12;139:6;155:7, 22problem (1) 9:2procedures (1) 10:11process (6) 7:6;24:22;30:3; 95:17;105:18;146:7processes (1) 12:10processing (1) 32:3product (4) 104:3;105:18; 107:2,16professional (3) 153:20,22;154:7professionals (3) 152:23;153:11; 154:17proficiency (7) 20:24;22:7;24:22, 23;25:24;116:25; 148:7proficient (2) 23:3,6profiles (1) 150:2progress (4) 131:12;132:20; 133:11,17project (2) 71:17;157:21promotions (2) 46:15,16prop (1) 89:10propose (1) 165:9proposing (1) 140:24propped (3) 68:13,17,24protect (4) 35:11;71:16,17; 72:1
protection (6) 89:12,15,16,17,23; 90:13protest (1) 123:2protocols (1) 153:19provide (5) 63:16;89:15,22; 90:3,9provided (4) 57:13,14,19;154:1provides (2) 89:12,16psychiatrist (2) 152:22;153:17psychiatrists (2) 153:12;154:19psychologist (1) 152:22psychologists (2) 153:12;154:19pull (7) 11:5;28:9,20; 29:19,25;94:12; 95:12pulled (8) 61:20;62:1;79:10, 22;93:10,12,15,19pulling (1) 94:16purpose (7) 66:4,6;68:14; 78:14,15,17;96:20purposes (1) 7:6pursuit (1) 86:10put (20) 24:25;31:21;32:7; 37:9;43:10;59:8; 68:9;81:10,13; 83:13;89:18;91:18; 111:10;125:1; 135:19;150:25; 151:8,13;152:14; 159:24putting (7) 10:14;36:9;85:24; 113:21;124:23; 130:15;158:13
Q
qualification (2) 23:20;36:1qualify (5) 13:18;17:23;18:3, 21;148:4quarter (2) 13:18;36:1quarterly (1) 23:22
Min-U-Script® Barkley Court Reporters (11) personally - quarterly
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
quick (6) 63:5;69:13;90:11; 95:16,19;101:13quickly (3) 91:4;97:5;139:12quite (1) 118:11
R
radio (3) 58:4;64:23;159:15raise (3) 73:13;85:20; 101:16raised (1) 101:19ran (2) 108:12;110:1random (1) 156:16range (9) 8:19;14:5;29:4; 30:3;112:18,19,19; 113:4,6rank (3) 46:16,21;116:23rapidly (1) 96:24rather (1) 108:16rating (1) 18:5reach (1) 19:14react (2) 92:19;158:16reaction (3) 110:3,8;140:3reactionary (7) 91:17;92:4,7,13; 139:21;140:2,5read (3) 10:18;131:9; 138:23ready (1) 28:8real (6) 63:5;95:16,18,19, 19;149:10realized (1) 109:5really (3) 28:15;107:1;134:8realtime (1) 131:14rear (1) 67:5reason (13) 44:14;45:25;55:5; 69:4,7,11;79:12; 91:11;109:24; 118:18;136:12;
155:17;165:13reasonable (1) 118:2reasons (2) 88:25;158:19recall (68) 34:3;44:4;47:12, 23;54:17,20,22; 57:12,20;58:13; 61:23;67:11,14,15, 18,20,23;76:24;77:2, 25;78:3,5,6;79:7,9; 85:1;90:16;100:4; 102:2,9,12,15; 105:12,14;108:22; 117:18,19;118:9; 119:17;121:3;122:2, 7,23;126:17;127:2, 16;128:4,19;136:11; 139:24;140:1,8,20, 22;143:24;144:20, 24,25;145:1,7,7; 147:22;149:6,22; 152:2;153:14; 155:20;156:17receive (28) 10:5;13:15;31:7, 10,15;32:20,24; 33:14;43:24;44:6; 59:16;71:15,19,23; 88:23;116:6;118:15; 134:16;139:1,4; 146:8,11,15;147:16; 148:2,6,17;156:16received (32) 13:17,19;32:9,12; 33:2,23;34:1;46:15, 22;54:5,6;57:22; 58:10;59:13;60:10; 71:20;77:10;79:15; 80:4,13;83:5,9; 112:11;116:4;117:6, 10;118:16;131:16; 132:4;133:13; 139:10;156:18receiving (3) 130:20;131:14; 150:18recent (1) 164:19recognize (1) 157:1recollection (5) 102:21,25;115:13; 123:4;145:4record (27) 9:4;12:20;14:11; 30:22,25;37:10,25; 63:9,11;85:10,13; 119:10;125:12,14; 141:15,18;144:9,12, 15;152:25;153:2,5,8; 164:11,12,15;165:22
recreational (1) 155:9recreationally (1) 155:5red (3) 61:2;79:11;86:9refer (1) 139:15referring (6) 10:24;11:4;24:14; 131:25;136:18; 161:21reflect (1) 12:9reflected (1) 152:5reflecting (1) 98:16refresh (1) 102:21regard (2) 117:11;160:24regarding (26) 10:11;27:8;28:16; 33:2,23;36:2;59:11; 116:5;117:13; 118:16;128:7,11; 130:8,14,24;131:14; 132:4;149:21;150:8; 160:25;162:13,22; 163:5,18,24;164:4region (1) 74:18regular (5) 22:15;60:19,20; 63:22;156:5reholster (2) 108:4,8related (8) 7:16;8:1;15:12; 24:1;33:10;45:23; 144:6;147:6relayed (2) 124:12;133:20relevance (2) 7:11;143:10relevant (3) 14:13,17;37:12relieve (1) 165:9remained (1) 121:19remember (18) 30:7,10;33:25; 52:18;59:20,22; 76:14;96:16;100:3, 18;102:19;104:25; 105:6;117:12;127:4; 139:19;140:7; 152:12remembered (1) 102:24remind (1)
96:9removable (1) 97:12remove (3) 92:25;112:24; 150:2removed (2) 150:16,17render (2) 110:7;158:25rendered (2) 108:13;120:19rendering (4) 108:18;109:12,17; 123:18repeat (3) 34:15;72:5;88:1rephrase (2) 9:8;93:23replacement (1) 31:15report (2) 10:17,19reported (1) 132:16reporter (5) 5:25;6:2;8:23; 165:9,19Reporters (2) 5:15;6:1reporting (4) 59:19;60:6,8; 134:7represent (2) 5:18;120:1reprimand (4) 51:4,5,7,18reprimanded (1) 144:22required (2) 28:19;163:1requirements (3) 10:10;22:8;25:24rescue (2) 24:2;26:16residential (1) 134:6resist (1) 47:25resolve (1) 24:7resource (1) 24:7resources (1) 24:5respect (4) 20:25;23:15;38:2; 110:14respond (7) 26:18;32:25; 55:21;56:19;77:18; 91:17;92:9responding (6)
56:1;79:16;86:11, 12;134:18,20response (1) 110:5responses (1) 26:19result (11) 6:24;50:24;51:10, 12,16;136:17; 137:20,25;144:22; 146:18;150:14resulted (1) 52:10retrospect (1) 159:8return (1) 124:19review (3) 162:4,8;165:12reviewed (4) 11:11;105:15; 106:24;162:1reviews (2) 161:16,18revisit (1) 137:24rifle (4) 17:2;26:5,7,9rifles (1) 26:5right (40) 21:11;33:13; 49:14;60:9;62:9; 68:6;70:5;74:6;82:6, 12,15;91:2,21;92:2, 2,12;94:6;96:24; 99:25;100:5,9,13,15; 102:17;106:20; 108:2,24;114:4,9,21; 115:2,3,4;119:11,12; 122:13,14;135:11, 16;160:10right-hand (1) 115:14RILEY (73) 5:23,23;7:4,13; 11:16,20;12:2,7,17, 22;13:7;14:10,18,23; 15:2,4,6,10,24; 30:20;34:11,24;35:3, 13;37:9,22;38:4; 45:3,12,20;46:5; 56:25;67:17,22; 73:24;74:8,24;75:2; 84:23;85:3,7; 103:23;104:2,6; 105:17,23;106:3,6, 11,15,19;107:10,15; 109:22;125:7,9; 140:24;141:4,7,13; 143:2,10;144:7,9; 150:21,23;151:3,5; 152:16,24;165:11,
Min-U-Script® Barkley Court Reporters (12) quick - RILEY
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
15,17risk (1) 111:10rolls (1) 158:8room (7) 73:25;104:16; 105:1,3,13;106:3; 107:12roommate (1) 36:16rough (4) 111:4;113:6; 120:15;127:15rounds (5) 18:23,24;19:1,7,11route (1) 58:17ROXAS (1) 144:8rule (7) 138:25;139:9,12, 18,25;140:9;149:17rules (2) 8:14,20ruling (1) 37:24run (3) 27:18;114:23; 115:4running (2) 90:4;158:11
S
safe (1) 109:16safety (7) 28:4,6,12,16; 75:25;111:10,14Same (15) 12:7;17:7,8;29:13; 53:7;58:21;82:23; 99:6;100:13,23; 106:6,12;128:24,25; 159:13SAN (23) 5:1,13;7:17;16:2; 17:13;20:20;24:15; 26:21;28:2;37:8; 43:3;47:13;53:22; 83:5;88:24;127:7; 128:7;131:3;139:2; 143:17;145:9; 146:12;147:4saw (40) 10:16;59:14,20; 61:8,11,14;62:5,17, 18;64:9,15;65:9,11, 19,22;66:8,13,21; 67:25;68:1,3,16; 72:3,8,12,16;78:8, 19,20;95:13;99:18;
108:19,20;109:4; 123:18;126:1; 151:17;152:4; 153:15;159:15saying (7) 19:7,8;77:25;78:3; 79:7;106:7;107:3scenarios (1) 83:25scene (13) 57:23;58:18;59:8; 60:16;61:10;62:15; 78:4;79:11;122:12, 16;123:5;134:23; 151:11schedule (2) 156:5,12scheduling (1) 42:21scope (1) 148:1score (1) 18:7scored (2) 18:23;19:24scoring (1) 19:9seal (1) 164:18sealed (1) 37:23sealing (1) 38:2Sean (1) 5:21search (3) 150:16;163:17; 164:1seat (2) 68:8;90:17second (12) 7:4;36:12;48:17; 49:18,22;59:6; 61:23;80:6;94:14, 14;110:3;158:6seconds (4) 95:9,10;98:7; 108:9security (4) 27:17,18,21; 145:21seeing (7) 52:23,23;87:24; 102:20;149:22; 152:2,9sees (1) 158:15segment (1) 10:10selected (1) 24:24send (2) 131:6;152:15
sense (2) 134:11;144:2sent (5) 163:18,23;164:3, 8;165:11sentence (1) 158:7separate (3) 56:8,16;104:16Sergeant (1) 122:5sergeant's (3) 54:18,20;129:13service (2) 153:25;154:1services (5) 21:17,22,23;24:4; 145:19set (3) 18:21;22:7;127:19setting (2) 74:12;117:16seven (5) 28:23,24;29:5; 36:24;113:7shape (3) 20:1,4;101:1shaped (2) 19:20;94:20sharp (1) 71:17sheets (1) 23:20Shelley (1) 5:7shift (5) 155:20,21,22,24; 156:5shifts (2) 156:6,7shine (3) 81:15;83:21;97:22shined (5) 83:19;98:8,12,20; 99:10shining (1) 70:13shook (1) 125:5shoot (12) 18:7;23:21,22; 27:6;28:8;84:21; 99:12,15;139:17; 146:15,22,23shooting (27) 10:25;11:5;14:5, 17;36:25;38:3,4; 58:11;59:10;61:5; 94:25;96:9;102:20; 108:4;110:23;111:9; 118:21;120:5,17; 121:6,15;126:14; 130:24;145:11;
146:13;157:9; 164:19shootings (6) 143:1,9,17;144:6, 19,22shoots (1) 36:1short (7) 30:24;63:10; 125:13;141:17; 144:14;153:4; 164:14Shortly (5) 62:16;64:5,15; 122:22;128:23shorts (1) 57:17shot (10) 36:16;62:12;98:4, 5;110:2;126:11; 147:2;158:23;159:1, 14shotgun (2) 22:20,22shots (1) 11:6show (4) 74:10;105:24; 106:8;148:7shown (1) 106:14shows (1) 106:13sic (1) 124:8sick (1) 129:19side (24) 15:17;44:16,20; 54:10;66:9,12,15,16, 17,18;67:7;68:12; 69:17;88:23;91:10, 11;99:24;114:4,5,7, 9;115:6,14;160:8signal (1) 85:21silhouette (2) 19:9,22silver (2) 108:16;151:10similar (3) 20:1,3;63:22siren (12) 60:22;61:6;79:11, 18,22;85:25;86:4,9, 15;87:5,24;88:3sirens (1) 86:22sitting (2) 68:23;129:2situation (10) 26:16;32:25;35:5; 82:1,2;95:11,13;
117:8;118:1;159:11situations (4) 24:2;35:7;84:2; 134:13six (4) 25:8,9;36:4; 116:13skinny (1) 65:7slack (1) 93:4sleep (2) 129:3,6slow (3) 78:8,9;96:11slowed (3) 78:6;95:22;96:10slowing (2) 95:23;96:13small (1) 113:5smoke (2) 155:11,12sniper (15) 24:9,13,15,17,25; 25:2,2,4,10,12,18,25; 26:3,13;148:14social (4) 150:2,7,8,11Someone (28) 6:21;32:18;33:1,6, 7,8,8,15;35:10,10; 52:6;68:21;79:16; 82:22;84:3;87:6; 121:21;125:25; 133:16,16;137:7,11; 138:10,11;139:20; 142:5;158:15,20someone's (2) 92:8;108:2Sometimes (5) 52:6;55:12;75:10, 10;81:23somewhere (5) 54:4;61:24; 146:13,17,18soon (9) 44:13,19;45:7,8, 10;46:12;62:25; 108:7;135:8sooner (1) 127:9sorry (9) 26:6;33:18;53:8; 72:7;87:10;96:1; 135:20;143:2; 161:23sort (1) 101:23sound (1) 157:21sounds (2) 7:13;15:18
Min-U-Script® Barkley Court Reporters (13) risk - sounds
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
south (1) 54:10southbound (1) 114:7Southern (1) 5:9space (3) 114:11,25;115:20span (3) 47:7,9,15speak (5) 58:19,21;61:17; 125:2;163:8Special (2) 20:18,19specific (19) 13:21;16:23; 32:22;33:25;43:4; 47:2,5;84:18; 114:13;118:12; 127:20,25;128:2; 135:6;139:24; 140:17;141:23; 144:20;159:12specifics (2) 140:21,22speculate (1) 8:17speculation (2) 45:4;56:25speed (1) 13:9speeding (1) 96:14spend (3) 11:25;14:2;15:23spent (1) 17:14spinned (1) 127:22spoke (3) 10:13;58:6,15Sports (3) 54:10;127:22,23SR (1) 5:7stab (5) 78:19,23;79:4; 109:14;135:7stabbed (3) 35:12;68:23; 109:17staffing (1) 55:7stand (3) 42:17;89:10,21standard (5) 23:4,4,5,21;63:23standards (1) 21:3standing (6) 12:11;61:21; 65:25;69:17;114:19;
123:17start (2) 16:2,24started (3) 46:15;47:25;66:9starts (2) 90:4;158:7state (3) 5:18;154:8,8stated (2) 60:6;96:20statement (9) 46:1,4;122:20; 155:1;156:23;157:2, 13;158:5,6States (1) 5:8station (2) 32:2;121:19stay (2) 7:8;15:16staying (1) 157:17step (14) 69:24;70:1;90:19, 23;91:1,2,10,10,19, 20,21,24,25;92:2stepped (4) 69:5;70:9;91:5; 92:18stepping (6) 80:5;91:16;92:11, 11,16;93:2steps (4) 35:11;46:20; 94:17;109:16still (10) 19:15;22:22;70:6; 108:25;109:9,9,13, 25;119:24;146:1stipulated (1) 165:15stomach (1) 48:17Stop (9) 76:25;79:7;84:21; 106:20;158:9,12,16, 16,20stopped (2) 79:3;96:5stopping (6) 79:3,6;80:16; 95:18;99:14;157:15stops (4) 43:10;80:14;89:3, 6store (9) 11:4;56:2;67:4,6; 114:10,12,14,15; 133:19story (2) 44:16,21street (9)
48:24;62:6;67:2,4, 9,12,15,20;115:17strike (1) 48:11strikes (1) 50:12struck (4) 49:6,16,22;50:8stuck (1) 68:22study (3) 54:24;129:17; 137:20studying (1) 54:23stuff (2) 15:14;33:10subdue (7) 49:7,9,16,24;50:1, 5,8subsequent (4) 37:11,12;38:3,5substances (1) 7:20successful (1) 50:14sudden (1) 101:12suddenly (2) 101:10,11sued (1) 6:21suggest (1) 37:20suggestion (1) 37:14Suite (1) 5:13summary (1) 13:5supervisor (2) 25:15;52:8supervisors (1) 25:14support (3) 120:25;121:3; 127:21suppose (1) 83:14supposed (3) 20:1;91:12;134:2sure (27) 12:13;13:9;14:13, 15;15:6;23:11; 30:21;32:24;34:16; 55:19;72:6;73:13; 75:1;82:6,12,15; 84:19;88:2;93:17; 100:2;106:23;109:7; 125:7;137:2;153:1; 161:24;162:24surrounds (1) 94:22
suspect (56) 24:2;32:21;34:1,4, 8,22;36:15,25;37:4; 43:23;44:13;45:8, 25;46:12;47:24; 48:11,15;49:7,10,16, 16,22;50:2,5,8; 59:12,14,17,24; 63:18;64:23;81:15, 18,22,24,24;82:19; 83:7,17,18;84:8; 86:23;87:22;90:4; 91:19,22;92:1; 109:19;110:14; 116:6;117:8;139:13, 16;140:10,20;146:13suspects (10) 26:17;43:17,25; 44:7;45:10;52:1; 77:4;80:8;116:10; 118:14suspect's (2) 91:24;140:3suspended (1) 51:12SWAT (29) 20:19;21:1,2,5,10, 14;22:2,9,9,11,15, 24;23:7,10,22,24,25; 24:13,16,18;25:5,21; 27:4;35:23;36:4,18, 19,20;117:3swear (1) 6:2sweater (1) 57:17switch (3) 28:9;62:21;99:20switched (6) 99:25;100:1,5,8, 12;102:16sworn (1) 6:5system (5) 19:25;23:23;26:4; 57:6;131:23systems (1) 22:19
T
tactic (9) 80:11,13,19,23; 82:9,18;83:1;89:3; 90:8tactical (6) 81:10,14;82:3,20; 88:25;113:22Tactics (8) 20:19;80:22; 137:4,13,17;138:4,7; 159:9talk (6)
8:25;124:3,23,24; 127:8;163:14talked (4) 33:5,6;126:7; 138:24talking (13) 8:21;9:12,22; 21:16;29:9;47:7,15; 52:15;114:14,15; 126:3;150:8;155:7tall (1) 116:12target (14) 18:23;19:5,8,9,10, 10,19,20,21,22,22, 23,24;20:7taser (11) 112:2,4,11,18,21; 162:13,13,21,21,22; 163:2taught (7) 26:20;27:10,13, 19;89:19;90:25; 91:10teach (4) 26:25;27:16,17,23team (15) 21:4,13;22:18,23; 24:6,13,18;25:7,7,8, 10,12,18;26:14;27:4teams (1) 23:8technical (1) 83:14techniques (2) 117:7;118:5telling (3) 79:7;84:22;122:23ten (13) 14:1;25:14,17,20; 27:25;53:22;65:6; 76:14;108:9;143:23, 24;144:18;145:3ten-hour (3) 155:22;156:6,7term (1) 83:7terms (3) 7:5;81:13;107:24test (16) 19:1,2,15;20:24; 21:3;22:5,7;118:24; 119:1,3,5,13;148:7, 10;156:15,18tested (3) 26:9;31:13;119:14testified (9) 8:4,9;9:11;85:23; 90:19;103:9;116:19; 125:19;126:22testifies (1) 6:5testifying (1)
Min-U-Script® Barkley Court Reporters (14) south - testifying
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
10:6testimony (5) 7:22;9:24;10:3,11; 90:16testing (1) 156:16tests (3) 26:11;116:24; 119:7therapy (2) 155:13,15thin (3) 65:6,7,8thinking (7) 33:18;90:12,13, 23;95:17;140:24; 141:4Third (1) 5:12though (2) 22:22;152:19thought (8) 12:10;69:14;79:3; 95:17;99:13;105:18; 112:9;135:6thoughts (1) 14:14threat (10) 33:7;90:24;91:7, 17;92:6,10,14,15,19; 135:4threaten (2) 72:4,9threatened (1) 133:15threatening (6) 57:8;59:18;73:9, 12;133:16,18threats (1) 150:18three (23) 11:11;18:15; 22:10,19;28:22,23; 29:5;30:9,12,16,17; 54:14;65:20;66:20; 84:24;86:14;95:8, 10;100:11;101:8; 133:5,6;165:22Three's (1) 30:18threw (1) 68:8throat (1) 132:15throughout (3) 34:18;64:7;148:3thrusting (4) 73:16;101:23; 102:3,10tickets (1) 32:3times (29) 11:10,12;18:11;
19:5;35:17;36:8,22; 48:13;51:21;71:12; 84:24;86:17;87:5,12, 18,19,19;103:4,6,6, 14,21;105:12,14,23; 106:1,7,17;107:14tips (1) 27:7title (1) 153:21today (6) 5:25;7:22;10:12; 106:24;151:11,14Today's (2) 5:10;165:20together (3) 54:18,24;129:17told (21) 59:23;60:2,3,4; 71:25;90:2;106:15, 19;122:13,15,18; 125:25;126:10; 133:23;135:21; 136:3,11;137:15,19; 142:8,19took (7) 12:9;69:24;90:19; 97:15;116:25; 124:20,20top (4) 60:24;61:1;86:8; 158:6Toro (4) 122:5,18,23;123:1torso (1) 146:25totally (1) 74:12touch (1) 150:21touching (4) 93:13,16,19,21tour (1) 147:13towards (9) 59:21;61:22; 73:10;78:14,16,21; 85:17,21;90:5towers (1) 148:23traditional (1) 112:8traffic (6) 6:16,17,22;43:10; 80:14;89:6traffic-related (1) 9:18train (9) 14:4;15:9;17:22, 24,25;20:15;26:2,3; 145:21trained (10) 16:25;17:1;77:3,
11;83:4;139:25; 146:22,23;147:18,23trainees (2) 42:21;161:11training (110) 10:5,8;13:3,6,15, 17,20,22,23,24;14:2, 17;16:13,24;17:15; 22:2,12;24:9;32:9, 12,16,20,24;33:2,4, 11,14,19,21,21,23, 25;35:19,20,21,22, 23,25;36:5,8;42:18; 43:24;44:2,3,6,10, 12;51:15;71:9,15,19, 20,23;77:9,10;79:15; 80:4,12;83:5,9,16; 84:8;86:6;88:23; 89:2,19;90:1,3,8,25; 91:3,9,12,14,23,25; 112:11;117:3,6,10; 118:8,13,15,16; 137:19;139:1,5,10, 19;140:13;145:23; 146:5,7,8,11,15; 147:16,21;148:2,14, 17;161:1,5,6,8,15; 162:12,21,21,22transcript (4) 37:23;165:10,12, 13transition (2) 66:9,11transitioning (1) 99:22transported (4) 120:22,24;121:2, 21trapped (5) 68:15,18,21;90:15, 17trial (6) 8:4,10;9:16,21; 10:6;165:14trials (1) 9:11trigger (31) 28:9,20;29:4,19, 25;30:5,6;93:6,10, 12,13,15,16,19,20, 21;94:2,4,7,9,12,12, 15,16,19,20,22,23, 24;95:12;140:11true (2) 36:3;137:9truthful (2) 7:21;122:19try (29) 8:19,21,25;9:7; 14:3;16:4;23:12; 37:18;44:13,25;45:1, 7,24;46:10,12;47:4; 80:17;82:9;83:6;
92:5,6,7;93:23; 114:16;117:7,23,25, 25;132:22trying (14) 11:2;13:9;15:18, 21;44:7;46:18;49:7, 9,15,23;50:1,4,7; 97:3t's (1) 52:7TUESDAY (2) 5:2;156:10turn (8) 31:4;61:5;63:1,15; 86:15;87:5;142:10; 158:10turned (9) 36:19;62:16;63:1; 64:2,3,5;80:24; 141:25;142:8turning (2) 110:13;158:5TVs (1) 14:19Twice (2) 36:11;48:14two (32) 25:14;26:17; 49:11,20;55:25;56:5, 7,8,16;61:11,11; 62:1,4,6,7,7;65:20; 66:21,22;71:3;95:8, 10;100:11;101:8; 103:6,6,7,8;120:16; 146:4;148:25;149:1type (42) 10:8;14:21;15:8; 16:12,16,20,22,24; 20:24;23:25;26:2,13, 16;28:12;33:4,4,19; 37:2;44:2,10;48:5; 51:2;55:20;57:5,6; 60:4;63:25;86:12; 89:15;110:17; 117:10;120:5;134:1, 4,9,12,16;145:16; 147:18,22;155:14; 156:14types (4) 14:9;27:7;29:1; 155:13typical (2) 130:21;156:1
U
umbrella (1) 133:7unavailable (1) 157:6unaware (1) 125:20uncomfortable (1)
144:3under (6) 30:15;46:9;74:4; 133:7;164:18; 165:10undergo (1) 51:15Understood (8) 8:13;28:17;81:3; 84:6;93:17;104:7; 146:11;150:22unfair (1) 45:14unit (3) 25:1;134:23;161:6United (1) 5:8units (4) 55:25;56:5,8,16Unless (2) 34:18;148:23up (25) 11:5;22:7;27:3; 28:23;61:20;62:2; 74:2;79:10,22;85:7; 92:21;93:4;96:14; 101:16;108:12,23; 110:1;127:19; 130:13;134:16,20; 157:18;158:8; 161:17;162:9update (2) 59:19,22updates (2) 59:11,17upgraded (1) 131:18urine (2) 119:5,13use (68) 14:16;15:8;19:21; 20:14,25;22:20; 23:15,24;24:6; 27:14;30:2;31:16; 32:9,10,13,17;46:25; 47:5,6;48:5;58:9,11; 63:5;79:18;80:14; 81:5,8,18,21,23; 82:3,18,22;83:1,6,9; 84:2,5,7,12;88:3,3; 89:3,5,6,8;97:18,20; 107:24;113:21; 116:20;117:23; 118:2;130:4,11; 131:6;137:24; 142:14,17,19; 147:19;148:7,18; 149:4;157:23; 159:23;161:13; 163:2used (26) 16:12,22;17:5; 22:15,15;27:17,17;
Min-U-Script® Barkley Court Reporters (15) testimony - used
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
47:14;48:2,6;51:23; 52:1;80:11,22;81:1, 3;82:17;86:22; 87:12;92:3;141:24; 142:6;143:5,5; 165:14,21uses (5) 14:21,23,24;15:3; 138:21using (14) 13:15;27:11; 77:22;79:21;80:4,8; 82:24;90:12;113:9; 141:23;146:12; 152:16;154:25; 158:2utility (4) 111:21;112:22,24; 113:3
V
vaguely (1) 140:6valid (1) 146:4variety (1) 134:10vehicle (10) 60:18;68:2,25; 69:8,16;86:10,24; 89:3,14;93:25vehicles (1) 56:16Velasco (1) 5:14verbal (1) 118:1versus (4) 5:7;32:13;140:3, 19vest (8) 70:24;71:2,3,4,10, 16,22;113:17vests (2) 71:24,25vetting (2) 130:5,7vicinity (2) 116:7;125:22victim (1) 59:14Victoria (1) 64:1video (29) 10:16,24,24;11:4, 18;96:8;102:20,23; 103:3,4,12,15,22,24; 104:10,14,19,21,24; 105:8,9,12,15,24; 106:2,8,18;107:14; 157:9VIDEOGRAPHER (22)
5:5,14,25;30:22, 25;63:7,11;85:10,13; 125:8,10,14;141:15, 18;144:12,15;151:6; 153:2,5;164:12,15; 165:20videos (1) 157:10view (5) 70:14,17,21;81:9; 83:17viewed (1) 74:23Vincent (1) 56:12violated (1) 110:23violation (1) 142:10violence (2) 47:24;133:10visible (2) 80:17,20vision (3) 53:1,6,25visit (1) 152:22volunteer (1) 56:18volunteered (4) 56:19,21,24;57:4
W
Wait (6) 74:24;134:3,13,21, 24;158:9waiting (1) 113:25wake (1) 134:13walk (3) 97:5;114:22;115:4walking (7) 66:2;78:14,16,17, 18,18,21walk-through (17) 119:18,20;120:12, 14,19,21;121:20,22; 122:1,8;123:9,11; 125:18,21;126:16, 23;127:3wall (3) 114:3,4,14warning (1) 84:21warrant (3) 21:17,23;24:4watch (9) 10:23;11:8,10,13; 103:15,21;104:20; 107:14;157:10watched (12)
11:17;96:8;103:3, 12,20;104:10,13; 105:1,7,12;106:2,18way (32) 7:16;15:15;34:16; 52:21;62:8;66:4; 70:17,20;78:24,25, 25;80:17;81:1,9; 82:24;83:2;84:3; 89:18;91:18;92:1, 10;100:13;102:12; 111:10;119:14; 132:23;136:17; 138:6;144:1,25; 153:25;159:14weapon (21) 26:4;33:9,15;34:2, 5,8,23;35:11;48:6,7; 60:5;80:21;81:7; 93:18;100:17;101:2; 138:16;151:21,25; 152:3;158:23Weapons (20) 20:18,19;22:19; 23:23;27:6;33:3,6; 71:17,21,24;72:1; 111:19;113:12; 122:12,16,19; 125:20,22;126:24,25wear (4) 52:20;53:19; 160:13,20wearing (5) 53:11;57:17; 64:21;111:2,5week (10) 10:22;11:9;12:5; 31:11,15,18,20; 103:10;156:4,5weeks (1) 22:10weigh (1) 116:14weight (3) 57:18;65:4;116:16welfare (2) 121:12;130:21weren't (3) 75:25;85:24; 129:19west (6) 66:15,16;67:7; 114:7,9;115:15Western (6) 120:22;121:2,9, 17;128:21;135:17what's (12) 33:20;45:18;53:1; 79:5;84:3;91:11; 94:20;113:4;145:18; 147:10;152:17; 154:6whatsoever (1)
9:2whenever (4) 45:25;89:6;91:1; 92:6Whereupon (4) 156:24;160:1; 162:14;165:23whole (1) 99:4Who's (1) 136:9whose (1) 23:4wife (7) 15:16,22;124:25, 25;125:1;126:7; 130:15William (1) 136:10win (1) 37:16within (11) 19:10,23;23:8; 27:10;44:14;45:25; 98:7;139:21;140:2, 6;153:22without (2) 24:16;87:24witness (14) 6:3;35:1,4,15; 45:24;46:11;59:14; 67:18,23;85:1; 104:1;107:18;125:5; 143:13woman (1) 58:24woman's (1) 59:1wonder (1) 150:25words (1) 71:3work (12) 14:16;16:21; 42:16;104:3;105:18; 107:2,16;124:19; 148:24;156:2,4,11worked (6) 42:22;148:20,23, 25;155:20;156:8working (8) 31:20,23,24;59:2; 67:10,16;135:15; 148:19works (2) 7:6;37:21worn (3) 53:17,23;129:25writing (1) 149:22written (4) 51:3,5,18;149:16wrong (2)
83:7;160:19wrote (1) 51:7
Y
year (18) 33:22;44:5;87:4, 16,19;111:5,5; 148:12;152:21; 153:9;154:13,21,24; 155:3,13,18;156:14; 162:5years (34) 8:12;13:13;14:1; 16:9,11,21;17:13,18, 20;18:2;20:23;21:6, 24;25:9;27:24,25; 36:3,4;43:1,11,17; 44:4;47:21;52:5; 53:22;143:15,16,19; 144:6;146:4;147:12; 148:25;149:1;161:9Young (1) 6:1
Z
Zimmerman (3) 5:7;121:11;127:13zone (1) 19:12
1
1 (18) 5:6;63:8;131:23; 132:6,7,9,10,11,13, 14,16;133:6,7;134:8, 11,12;156:22,241:45 (1) 125:121:57 (1) 125:1510 (2) 17:13;19:1210:11 (1) 30:2310:18 (1) 31:1100 (3) 21:12;43:22,2311 (1) 26:1511:06 (1) 63:911:20 (1) 63:1211:54 (1) 85:111199 (2) 86:11,1911s (1)
Min-U-Script® Barkley Court Reporters (16) uses - 11s
S.R. NEHAD v. SHELLEY ZIMMERMAN
NEAL BROWDERJuly 12, 2016
26:1912 (2) 5:2,1012:00 (1) 66:2412:36 (1) 85:141200 (2) 5:12,1312s (1) 26:1915 (6) 19:5;21:21; 123:12,14;141:10,12150 (3) 21:25;43:14,1515-cv-1386-WQH-NLS (1) 5:1015-minute (1) 140:2515th (1) 111:316 (1) 53:181987 (1) 147:141988 (1) 139:71998 (2) 25:6;36:131999 (2) 36:15;37:6
2
2 (5) 63:13;125:11; 131:23;159:25; 160:12:23 (1) 141:162:42 (1) 141:192:46 (1) 144:132:51 (1) 144:1620 (5) 8:18,19;19:3,5; 47:2120/15 (1) 160:92014 (2) 154:16;156:172015 (45) 17:6;29:18;30:1; 31:4;36:9;37:7; 46:24;53:5,12;54:3; 55:14,21;61:5; 84:11;85:16;86:1; 87:4,15;88:7,13; 90:7;92:17;111:16, 23;112:22;113:18;
115:22;135:3,8; 136:17,24;137:4,13, 21;138:4,8;141:21; 152:21;153:10; 154:11;156:18; 158:24;162:9,23; 163:52016 (4) 5:2,10;42:24; 162:821 (18) 16:17;17:2,4,10, 12;18:17;20:11,13, 14;23:1;28:4,6; 112:20;116:21; 139:21;140:2,6,1621-foot (8) 138:25;139:9,12, 18,25;140:9;149:15, 1722 (4) 20:23;21:6,24; 161:9230 (1) 116:1525 (3) 87:18,19,19250 (4) 9:14,15;53:3,927 (1) 13:1328 (3) 8:12;13:14;52:5
3
3 (4) 125:16;131:24; 162:12,143:03 (1) 153:33:05 (1) 153:63:24 (1) 164:133:30 (1) 164:163:32 (2) 165:22,2330 (8) 8:19;85:5;90:7; 112:22;123:13,15; 162:9;165:11300 (2) 53:3,9308 (5) 17:1;26:4,5,7,930th (38) 29:17;30:1;31:4; 53:12;54:3;55:21; 61:4;84:11;85:16; 86:1;88:7,13;92:17; 111:16,22;113:18;
115:22;135:3,8; 136:17,23;137:4,13, 21;138:4,8;141:21; 152:21;153:10; 154:10,16;156:17, 18;157:6;158:24; 161:17;162:23; 163:5
4
4 (1) 133:745 (4) 16:17,18;17:10; 148:148 (1) 129:9
5
5th (2) 126:13;157:7
6
6 (1) 157:14
7
75 (2) 10:1,2
8
86 (1) 21:12
9
9 (1) 158:59:35 (2) 5:2,1190 (1) 21:1292101 (1) 5:1392614 (1) 5:1698 (1) 25:7
Min-U-Script® Barkley Court Reporters (17) 12 - 98
![UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF … · [1] united states district court southern district of new york -----united states of america,](https://img.pdfslide.net/doc/110x75/5be34f9909d3f2f02d8cb731/united-states-district-court-southern-district-of-1-united-states-district.jpg)
