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IN

THE CIRCUIT COURT FOR HUMPHREYS COUNTY, TENNESSEE


AT WAVERLY

CHRIS5

DAVIS,
Plaintiff,

)
)
) No. 10134

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7 8

VS JAKE

LOCKERT,
Defendant.

)
)

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10 11

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VIDEOTAPED DEPOSITION OF
CHRIS DAVIS

taken on behalf of the Defendant

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August 17, 2012

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BAIN, CLEETON, EVANS, HARKINS & RICHARDSON

An Association of Court Reporters


Suite 201 212 Third Avenue North

24 25

Nashville, Tennessee 37201 (615) 255-6425

Reported by:

Roxann Harkins, RPR, CRR, LCR

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

APPEARANCES

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3 4

For the Plaintiff:

PHILLIP L.

DAVIDSON

Attorney at Law
2400 Crestmoor Road
Suite 107

Nashville, Tennessee 37215

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7

For the Defendant

JONATHAN L. GRIFFITH, ESQ.


Griffith & Roberts 213 Fifth Avenue North
Suite 300

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11 12 13 14 15

Nashville, Tennessee 37219

Videographer:

Erik Parks VCE, Inc. 2604 Foster Avenue

Nashville, Tennessee 37210 Also present:

Jake Lockert

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INDEX

Examination by Mr. Griffith Examination by Mr. Davidson

4 101

EXHIBITS

No. 1....Supplemental narrative report

66

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25

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

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4

STIPULATIONS

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The Videotaped Deposition of CHRIS DAVIS was taken by counsel for the Defendant at the Law Office

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of Charles N. Griffith, 415 West Main Street, Waverly,


Tennessee, at 10:03 a.m. on August 17, 2012, for all purposes under the Tennessee Rules of Civil Procedure.

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All formalities as to notice, caption,


et cetera, are waived. All objections, except as to the

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14

form of the question, are reserved to the hearing.

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17

It is agreed that Roxann Harkins, being a


Notary Public and Licensed Court Reporter in and for the
State of Tennessee, may swear the witness, and that the

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reading and signing of the completed deposition by the


witness are waived.

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Reporter:

Roxann Harkins, RPR,

CRR,

LCR

1
2

THE VIDEOGRAPHER:

We're on the record at

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10:03 a.m., and this is the videotape deposition of

Chris Davis on August 17, 2012.


introduce themselves.

Will counsel please

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7

MR. GRIFFITH:
the defendant, Jake Lockert. MR. DAVIDSON:
plaintiff, Chris Davis.

This is John Griffith for

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Phil Davidson for the

THE VIDEOGRAPHER:

And will the court

reporter please swear in the witness.


CHRIS DAVIS

called as a witness, after having been first duly sworn,


testified as follows:
EXAMINATION BY MR. GRIFFITH:

15

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Q.

Good morning, sir.

Would you please state

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your name for the record, please, sir?


A. Chris Davis.

Q.
sir?

And what's your current address, please,

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/Jp^N

A.
37101.

81 Florence Street, McEwen, Tennessee

Q.

And tell us everybody who lives there with

25

you at that address.

Reporter:

Roxann Harkins, RPR, CRR, LCR

A.

Me, my wife, my children.

2 3 4
5

Q. Okay. And I just want to get a little bit of background about you and this regarding yourself. You grew up in McEwen, is that right, or Waverly?
A. Waverly.

6
7

Q.
A.

You graduated high school what year?


'86.

8
9

Q.

Okay.

And after you graduated, tell us

about your educational background after that.

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11

A.

Went to Murray State for approximately a

year and a half, went to Middle Tennessee State

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University for about approximately a year and a half. Q.


MTSU?

Did you get degrees at Murray State or

15

A.

No, sir.

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17

Q.

All right.

And then any other college

education after MTSU?

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A.

Yes.

Went part-time to Austin Peay State


just part-time classes.

University on some

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21

Q.
Austin Peay?

Okay.

Did you get any type of degree from

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A.
Q.

No.

About 30 hours short of my bachelor's.


And when's the last what's

All right.

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the last year that you attended college?


A. Ooh. I don't know, Mr. Griffith.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

1 2

Q.

Okay.

A.
I look.

I'd have to I'd have to go back and

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5

Q.

Okay.

Let's talk about your work history


Can you share that with us? Before
I' m

after high school.

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7

I ask you that, I'm sorry, have you told us all of the
college education that you've had in your lifetime?
but just college.

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11

not talking about work-related type of training classes,


A. Pretty close to that. If there's something

else, I can't think of it.

I did attend, I think, an

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English class or something across the summer, one summer


through the high school down here.
Q.
A.

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Okay.
I don't know what school that would have

been through.
remember that.

Maybe Martin.

I don't know

I don't

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Q.

All right.

Tell me about your work

history, please, sir, after


please, sir.

after high school,

A.
Q.
A.

My work history after high school?


Yes, sir.
I

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I started with the sheriff's office

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started with Walmart after high school.

Went to work

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with Walmart here in Waverly for a little while.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

Started

started there.

After a short time there, I

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3

went to work with the sheriff's office as a dispatcher,


jailer, part-time while I was in school.

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Q.
A.

Do you remember what year that was?


I don't recall.

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Q. A.
Q.

Was it shortly after high school? Yeah.


Okay.

Probably within a year.

A.

Went back to college, worked at Walmart in

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Murfreesboro.

Worked at Wix Lumber Company in

11 12
jflfPS

Murfreesboro. with

Come back to Humphreys County.

Worked

let's see, got married in '89.

I'm trying to

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keep my timeline.

Started with the City of Dickson

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sorry, Dickson County in '89.


Dickson in '90.

Started with the City of

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Q.

Okay.

What

what was your position in


or Dickson?

1989 with Dickson County


A. Jailer.

Corrections.

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20 in '90?

Q.

All right.

And then what was your position

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A.

City

when I went to the City of Dickson,

that's when I become a patrolman.

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Q.

All right.

Patrol.

All right.

When you prior

worked with the sheriff's office at

did you

to 1990, did you work with the sheriff's office in

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

Humphreys County?
A. Yes.

3
4

Q.
that time?

Who was the sheriff that you worked for at

A.

Ronnie Toungette.

Q.

Okay.

All right.

How many years before

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you worked for the City of Dickson did you work for
Ronnie Toungette? A. On and off, maybe two.

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Q.

Okay.

All right.

Since 1990, can you tell

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us where you've worked, sir?


A. Worked with the City of Dickson till 1998.

Worked with the State of Tennessee from '98 to '99.

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Worked Dickson County '99 till elected in '06.

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16

Q.

Okay.

From 1999 to 2006 you worked for

Dickson County; is that accurate?

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A.

'99, 2000, somewhere right in that area is

when I was hired by...


Q. A. Dickson County? Yes, sir.

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Q.
A.

Were you a patrolman?


No, narcotics.

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Q.

Okay.

All right.

2006 through

when's

your term end, sir?

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A.

Ended in 2010, when I was elected from '06.

Reporter:

Roxann Harkins, RPR, CRR, LCR

Current term ends in '14.

2
3

Q.
A.

Okay.

Do you plan on running for

reelection, if you know?

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5

Don't know yet.

Q.

Okay.

All right.

You said you were

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married in 1989 to whom, please, sir?

A.
Q.
A.

Daphne, D-a-p-h-n-e, L. Davis.

Well, Peak.

Have you been married to Daphne ever since?


Yes.

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Q.
time?
A.

Have y'all ever been separated during that

Yes.

Q.
separated?

Can you tell when you say you've been

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MR. DAVIDSON:
Go ahead.

Let me object to the form.

THE WITNESS:

You're gonna make me

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I can't tell you dates on that.


BY MR. GRIFFITH:

Q.

Years?

A.
Q.

Somewhere around '93, maybe.


Okay. Any other times since '93?

MR. DAVIDSON:
BY MR. GRIFFITH:

Again, object to the form.

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Q.

He can object, you can answer.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

A.

Not

that

remember.

Q.
A.

Okay.
Yes.

All right.

You have children?

3
4

Q.
A.

How many,
Three.

sir?

6 7 8

Q.

What are their names and ages currently,

please , sir?
A.

David, 22; Daniel,


Eran's 15?

16; Eran,

15.

E-r-a-n.

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Q.
A.

Correct.

Q.
A.

Where do they reside currently?


David's in
Where?

a student.

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15

Q.
A.

College, Tusculum, Greenville.


Okay.
Daniel, Eran, home.

Q.
A.

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Q.
A.

Where do they go to school?


Daniel, Innsworth; Eran, McEwen.

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Q.
A.

Is Innsworth in Nashville?
It is.

Q.
A.

How does Daniel get to school every day?


He drives.

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Q.
A.

Is that a private school?


It is.

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Q.

Is it an expensive private school?

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

A.

It is.

Q.
A.

Do you know the tuition per year?


I do not.

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4

Q.

Do you not pay it?

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A.

No.

We get scholarship.

Q.
or athletics?

Okay.

Is it a scholarship based on grades

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A.
Q.

We just apply for it and get a scholarship.


Okay.

A.
call it.

Academic funding, or whatever you want to

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Q.

All right.

You have filed this lawsuit

against Jake Lockert for defamation to your character.


You understand that; correct?

A.

I'm assuming that.

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Q.

Well, you filed it, so is it

what's your

understanding of why you filed this lawsuit?


A. Because he lied.

Q.

Okay.

All right.

Do you understand that

when you claim that there's a damage to your reputation and character that you put your character and reputation
at issue? You understand that?

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A.

Okay.

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Q.

Are you okay with me asking questions about

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your personal reputation and character from your

Reporter:

Roxann Harkins, RPR, CRR, LCR

perspective?

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7

A.
Q.

My personal life or my professional life?


Well, your reputation

MR. DAVIDSON:

Let me enter an objection.

You've mischaracterized what his complaint says.


MR. GRIFFITH: Okay. Well

MR. DAVIDSON:

He stands whatever by

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whatever the complaint says.

The complaint says that


It doesn't talk

damage to his professional reputation.

about his personal reputation or anything like that.


BY MR. GRIFFITH:

12 13
14 15

Q.

Okay.

Do you claim that Jake Lockert has

damaged your personal reputation?


A.
Q.
A.

Absolutely.
You do?
Yeah.

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17

Q.
correct?

Okay.

And your professional reputation;

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23

A.
Q.
A.

Did you say personal or professional?


I said personal.
Professional.

Q.
A.

Your professional reputation?


Absolutely.

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Q.

Okay.

Can you tell us all of the ways that

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Jake Lockert has damaged your personal reputation?

Reporter:

Roxann Harkins, RPR,

CRR, LCR

1
2

A.

His lies.

Q.
A.

I mean, your professional reputation?


His lies. His constant lies.

3
4

Q.

Okay.

Let's start with the first lie, the

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big lie, that you would if you had to rank them in


order of importance, let's start with the first one.
A. Probably what the complaint was filed on.

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9 10
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Q.

And what's your understanding of what the

complaint was filed on? A. Complaint was filed on that he

misrepresented the fact that I was on the scene of the

12
JPN

Darrin Ring incident that night, and I was, in fact,


not. During the altercation of the deputies.
Q. Okay. All right. And we'll talk about

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17

that.

What else do you allege, if anything else, that

Jake Lockert has done to damage your professional reputation, in addition to your allegations that he lied

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about your whereabouts at the time of the Darrin Ring


beating?

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A.

Say that question again, Mr. Griffith.

Q.

I hear what you say as far as your

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23

allegations of what Mr. Ring

I'm sorry, of what Jake


Are there any

Lockert alleged you did at the scene.

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other allegations that you're making that have damaged


your professional reputation in addition to your saying

25

Reporter:

Roxann Harkins, RPR, CRR, LCR


13

1 2

that he lied about you being at the scene?


anything else?

Is there

3
4

A.

Well, he's put he's put everything in a

false light.
regards to me.
situation.

I mean, he's he's he's portrayed


He said things and put things out there

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7

everything in this situation as as a false light in


before he got the whole facts of any of any of the
Q. Okay. Well, everything in a false light is

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9

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a pretty broad category, and I want to break that down a

little bit.

I'm trying to number, make a list of

everything that you claim that he's done to damage your


professional reputation. I've got, No. 1, that he said

you were at the scene of the Darrin Ring beating and you
say that you were not? A. Right.

16 17 18 19 20 21 22
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Q.

What's the second thing that he's done

that's damaged your reputation or portrayed you in a


false light?

A.

Every time that the

something was done

about the Ring case, he promoted

he promoted me in a
in the cell and

bad light, saying that I was in the

took some inappropriate actions in the cell, which I did


not.

25

Q.

Okay.

Reporter:

Roxann Harkins, RPR, CRR, LCR


14

1
2

A.
with that.

Best I remember, he was on Channel 4 News

3
4

Q.

Okay.

All right.

So the second thing I've

got is that Jake Lockert said you were in a cell with

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7

Darrin Ring and took inappropriate actions, using your


words, in a cell; is that correct?
A. That's what he said.

Q.

Okay.

Tell us the third thing, if there is

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11

one, that you damage he you claim that he damaged


your professional reputation. If there is.

A.

He put it out there that and this may

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13

have already been I may have already said this,


reported that I was on the scene and took no action to
stop the altercation.

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16

Q.

Okay.

A.

He took a

just the disregard for the

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truth in that matter.

Q.

Okay.

Okay.

I think that we covered that

in the first one.

I think that's

allegations of not

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21

being at the scene

or allegations you being at the

scene when you claim you're not?


A. Uh-huh (affirmative).

22
23

Q.

No. 2 is in the cell and took inappropriate


Is there

24

actions when Darrin Ring was in the cell.

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anything else in which you're claiming in your lawsuit

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
15

1 2

that Jake Lockert said or did that damages your


professional reputation?

3 4
5

A.

That's pretty much the sum of this sum

of this complaint.

I think that's it in a whole.

6
7

Q. Okay. And I appreciate you looking at the complaint and refreshing your memory with that, but I
want to ask you outside of the complaint, is there

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10

anything that you may come up with next week that's not

in the complaint that's already transpired that you want


to add to your complaint about Jake Lockert's alleged
defaming your professional reputation?
A. I'm going to reserve comment on that for me

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and my attorney.
Q. Okay. So you don't want to

MR. DAVIDSON:

Let me object to the form.

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17

Go ahead.
BY MR.

I'm objecting to the form of the question.

GRIFFITH:

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21

Q.

Okay.

Well, I'm just saying, this is the

only time I have to talk to you before our trial in this

case, Sheriff Davis, and I want to know, can you tell me


and the jury and that camera right there, what other

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23 24

allegations you're making, if any, about Jake Lockert


against your professional reputation?
A. When I have time to review more of the

25

materials that's been put out there, I'll feel

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
16

comfortable answering it then.

2 3
4

Q.

Okay.

Today's date is August 17, 2012.

You filed this in April 4 of 2012, about allegations

that occurred on March 7, I think.


today?

Is there anything

5 6 7 8
9

that's prohibited you from thinking about it before

MR. DAVIDSON:
Counsel's

Let me object to the form.

MR. GRIFFITH:

You can object to the form.

10
11

I appreciate you not doing speaking objections.


are unethical.
respect that.
BY MR. GRIFFITH:

Those

You can object to the form, and I

12
j^5^\

13
14
15

Q.

So I want to ask you to answer the

question.

Is there anything that's prohibited you from

16
17

thinking about that with your attorney's objection


noted?

18 19 20
21

MR.

DAVIDSON:

Wait a minute.

I'm

objecting to the form because, as you well know, that

question is sort of misleading because we showed up once


before for depositions in this case and nobody was here
and there were notice of depositions filed.
MR. GRIFFITH: Yes, sir, that is correct.

22
23 24

MR. DAVIDSON:

Now, we never did anything

25

in that.

So if you're asking him

the question you're

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
17

asking, did he ever have a chance to think about these

2 3 4 5 6
7

things before, we were here to do that once before, and


nobody showed up.
MR. GRIFFITH: Yeah.

MR. DAVIDSON:

So I'm objecting to the form

of the question in that respect.


you want to.
BY MR. GRIFFITH:

Go ahead and answer if

9
10
11

Q.

Okay.

A.

Say the question again.

Q.

So you've had extra time since we

you've

12 13
14

had extra time to think about this case since we were


set to be here before; correct?

A.

We have, but there's so much that's being

15 16 17

discussed every day about this case by Mr. Lockert and others that it takes time to review the material and get
caught up.

18 19 20 21 22
23

Q.

Okay.

So I take it that as you sit here

right now, there's nothing else that you can tell us, in
addition to those two things, that has affected your

professional relationship or your professional reputation that you know of as you sit here right now;
correct?

24
25
no.

A.

I can't think of anything at this moment,

Reporter:

Roxann Harkins, RPR, CRR, LCR

/^*\

1
2

Q.

Okay.

All right.

A.
be reviewed.

But I'm still there's material still to

3
4

Q.
reviewed?

Okay.

What material is still to be

5 6
7

A.

I'd rather not disclose that.

Q.
to this case?

Okay.

Is there some material you have that

8
9

you haven't disclosed to us that you think is pertinent


A. Not that I know of right now.

10 11
12

Q.

Okay.

Is there any reason that you've

chosen to not disclose that with us?

13 14 15 16
17

A.

I reserve that right for my attorney and I.

Q.

Okay.

All right.

Is there a time that you


how

think you'll have a chance to discuss this like


much time would you need?

A.

If that material exists or comes up and it,

18
19

in fact, proves to be pertinent to the case, I


definitely don't mind notifying you of it.
Q. Okay. You said if the material exists. As

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23

you say that, you haven't reviewed the material, you


don't even know if it exists?

A.
Q.

I haven't reviewed all the material yet.


Okay. Is there a box of material somewhere

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25

that you are waiting to review?

Reporter:

Roxann Harkins, RPR, CRR, LCR


19

Jpp*\

A.
yeah.

I've got to get my hands on some of it,

2 3
4

Q. A.

Where is it right now? It's printed.

Do you know? I

Or trying to be printed.

try to keep up with it.

6
7

Q.

Who's trying to print it?


Who's

You said it's

trying to be printed.

8
9

A.
Q.
A.

Yeah, I try to keep up with it every day.


Where is it coming from?
My family prints it.

10
11 12

Q.
from?

Okay.

Do you know where they print it

13
14 15

A.

I do not.

Q.

Okay.

Is it like Facebook or something, is

that what it is?


A. Yes.

16
17

Q.

Okay.

Is there anything specifically that

18
19 20
21

sticks out in your mind on Facebook?


A. Not right now.

Q.

Okay.

Sheriff, how many officers do you

have that work under you currently, sir?

22
23 24
/$P\

A.
part-time.

20.

Well, full-time.

Right at 20 and

Q.

And officers that work full-time, do they

25

normally work eight-hour days?

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
20

A.

Correct.

2
3
4

Q.
A.

Okay. And they're paid obviously through


Correct.

the County; correct?

5
6
7
8
9

Q.
A.
Q.
A.

And when they're working for you, do they


I would make the assumption, yes.
Well, I mean, you're
Yeah, they do.

have to log in like their time and things like that?

1
11 know.

QA. Q.
A.

You're the boss.


They do. Okay.
They do.

I'm just seeing if you

12 13
14

15

Q.

And do they work full eight-hour days, do

16
17

they work seven-hour days or seven-and-a-half-hour days


or do you know?

18
19

A.

Eight-hour

eight-hour shifts is what

they usually work.

20
21
22

Q.

Okay.

All right and they look do you

call it comp time, is that what you guys call it?


A. Comp time?

23
24

Q.
A.

What is comp time?


Yeah, what about it?

Does that ring a bell?

25

Q.

What does comp stand for, compensation?

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
21

I
1

A.

It's time that they've worked overtime that

they will be compensated for.

3
4 5

Q.

Okay.

All right.

Do you ever have your

employees or have you ever had an employee log in


extra time that they didn't work during the course of

6
7

your professional conduct as sheriff of Humphreys


County?

8 9 10
11

A.
Q.

Log in comp time that they've not worked?


Yeah. Knowing they worked seven and a half

hours, but you have them log in eight, has that ever
happened?

12

MR. DAVIDSON:

Let me object to the form of

13
14 15
16
17

this question, also on the grounds of relevance in this


case.

MR. GRIFFITH:

We're talking about his

professional reputation, Counselor, and these are things


that may affect his professional reputation.
THE WITNESS: I don't I don't have a

18 19
20

clue what you're talking about, Mr. Griffith.


BY MR. GRIFFITH:

21 22
23

Q.

Okay.

So your testimony is you've never

asked anybody to log in extra time over and above the

time they've actually worked; is that correct?


A. Over and above the time that they've

24

25

actually worked?

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
22

Q.

Yes,

sir.

A.

I wouldn't have a clue what you was talking

3
4

about, Mr. Griffith.

Q.

Okay.

That's fine.

When you ran for

5
6
7

office in 2006, did you did you have anybody assist


you in running your campaign?
A. Yeah.

Q.
like that?
A.

Did you have officers, treasurers, things

9
10 11

Yeah.

Q.
A.

Who was your treasurers?


For a short time, it was Lem Palk.

12

13
14

Q.
A.

Did Lem Palk contribute to your campaign?


He did some.

15

Q.

Did Scotty Palk contribute to your

16
17

campaign?
A.

Not that I

ever remember.

18 19 20
21 22
23

Q.
A.

Has Scotty Palk ever paid you money


No.

Q.
A.

No.

for any other reasons?

Q.

Would you agree that you have the duty to

uphold the law and administer the law equally to all

24
25

citizens, regardless of race, creed, color, origin,


things like that?

Reporter:

Roxann Harkins, RPR, CRR, LCR


23

A.

I would.

2
3

Q.

Would you agree that you have the duty to

administer and uphold justice and administer the law

4
5
6

equally to all persons regardless of whether they worked


for your campaign?
A. Correct.

7
8

Q.
A.

You would agree with that?


Correct.

Q.

Okay.

Has anybody that's ever worked for

10
11
12

your campaign been the subject of an investigation by


the Humphreys County Sheriff's Department?
A. Lemuel Palk.

13

Q.

Mr. Lem Palk?

14
15

A.
Q.

Uh-huh (affirmative).
And tell us the circumstances when Mr. Lem

16 17

Palk was investigated. investigation?

Or was the subject of

18 19
20
21

A.

I know that he was investigated by the drug And I think they

guys that we had at one time.

eventually made an arrest on it.


Q. Would you agree that as Humphreys County

22
23

Sheriff, you have the responsibility to investigate all


allegations of theft or fraud equally, regardless or

24

as aggressively as each other person alleged to

let

25

me ask that again, it's a terrible question.

Reporter:

Roxann Harkins, RPR, CRR, LCR

Would you agree that as sheriff of

2 3
4

Humphreys County that you have the responsibility to


investigate all causes all allegations of fraud and
theft without interruption from the sheriff's office?
A. Say that again.
MR. DAVIDSON:
ahead.

5
6

Object to the form.

Go

8
9

THE WITNESS:

Say that again.

I'm not

following you on that, John.


BY MR. GRIFFITH:

10
11 12

Q.

Okay.

A.

Mr. Griffith, I'm sorry.

13 14 15 16
17

Q.

You can call me

I don't care.

Sheriff,

would you agree that you have the responsibility to


investigate all allegations of theft that come to the
department's attention?
A. Yes.

18 19 20 21 22
23

Q.

Okay.

Would you agree that it would be

improper for the sheriff's department to impede an

investigation or delay an investigation intentionally


without cause?

A.

Impede or

Q.

Would you agree that it would be improper

24
25

for your office to obstruct the investigation into theft


or allegation theft of property?

Reporter:

Roxann Harkins, RPR, CRR, LCR


25

jggPN

A.

Yeah, I guess.

2
3 4

Q.

Okay.

Were you ever was it ever brought

to your attention by any member of your staff that there

were allegations that Lem Palk had stolen items upon his
property?
A. Yes.

5 6 7

Q.

Okay.

And did you do anything

who

8
9

brought that to your attention?


A. I don't I don't remember that.

10
11 12 13 14 15 16
17

Q.

Okay.

Do you remember any circumstances

surrounding that investigation?


A. I remember there was some information about

a stolen trailer, and we actually

Ronnie Toungette

and I actually went out and looked at that trailer and

made a recovery
Q.
A.

Okay.
of that trailer.

18 19 20
21

Q.

All right.

Was there any delay in the

investigation or
A.
Q.
A.

to your knowledge?

Was there a delay?


Yes, sir.
I don't I don't have a clue.

22
23

I can't

I mean,

that's

I don't know why

I don't know what

24

you're asking.

Was there a delay?

We had the

25

information.

I got with Ronnie Toungette who was the

Reporter:

Roxann Harkins, RPR, CRR, LCR


26

1 2

detective at that time, and we went out there.

Q.
you call it?
A.

What is Ronnie Toungette's title?

What do

3
4

Now he's a court officer.

5
6
7

Q.

All right.

What was it at the time of this

Lem Palk investigation?


A. Detective.

8 9 10
11

Q.

Okay.

Did Ronnie Toungette as detective

into this Lem Palk investigation, did he urge you to get


some type of warrant to search the property?
A. I don't you're talking something that
I don't have a clue.

12 13
14

was, what, five years ago?

Q.
A.

I don't know.
I mean,

I don't know how long ago.


that would have been

that's

15
16
17

their decision to have done that, whoever was


investigating the case. I'm not I don't I

personally don't tell guys to go get warrants or apply


for warrants or whatever. I mean, I figure that if a

18 19 20 21
22
23

warrant needed to be done, he would have the knowledge


on how to do it.

Q.

Okay.

So you leave it to the detective as

far as how to handle the investigation?


any role in that; is that accurate?

You don't take

24

A.

I mean,

I'm

I stay involved in CID

^i*s

25

cases, as far as trying to get the direction and stuff

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
27

going on some of the cases now, but I never


ever remember doing that with
pretty much knows what to do.

I don't

with Ronnie because he

3
4

Q.

Okay.

Do you ever ask an investigator to

5
6 7

halt or stop their investigation and you take over an


investigation? Do you ever do that?
Object object to the

MR. DAVIDSON:
form. THE WITNESS:

8
9

I don't

I don't know that

10
11

I've ever done that, no,


BY MR. GRIFFITH:

I don't

12 13
14

Q.

Okay.

A.
Q.

I don't remember ever doing that.


Okay. All right. Have you ever been

15
16 17

involved in the arrest of Scotty Palk?


A. What have I ever been involved in an

arrest of Scotty Palk?


Q.
A.

18
19

Yes.
I know that there was a search on a car

20
21

I know there was an incident in Dickson, but I don't


remember if that was him that was arrested on that. I

22
23

remember Russell stopping him and arresting him in


Dickson. I remember him being in rehab and trying to

24

getting him to turn hisself in the next day.

As far as

25

an actual physical arrest, I don't

it's too much time

Reporter:

Roxann Harkins, RPR, CRR, LCR


28

1 2 3
4

under the
Q.

I don't remember.
Okay.

A.

I don't remember a physical arrest of him.

Q.

All right.

Did you back to this Lem

5 6 7 8

Palk incident, did you ever ask Ronnie Toungette or tell

Ronnie Toungette to not making a call or making a

report on stolen property, to the best of your


knowledge?

9 10
11

A.
it?

Did I ever tell him not to make a report on

Q.
A.

Yes.

Or to delay?

12 13 14 15 16

I don't...

Q.
A.
Q.

If you don't
I don't
Okay.

if you remember.

I don't remember that.

A.

I don't know what it would be referring to.

17
18 19
20 21

I remember that there was a call made to we actually

tried to, I think, Randy Robinson or something maybe


come down and looked at that trailer or one of the State

guys.

We even backtracked, I thought, through Lowe's or

somewhere to try to make to try to confirm where it


was stolen from.

22
23

Q.

Okay.

All right.

And I'm sorry if I've

24
25

already asked this.

Have outside of your campaign,

has Lem Palk or Scotty Palk paid you money for any

Reporter:

Roxann Harkins, RPR, CRR, LCR

29

reason?

Bought anything, or borrowed loaned you

2 3
4 5

money or anything like that?


A. Ever loaned me money. Scotty's never

bought me anything that I remember or I don't the

only thing that I can remember excuse me.

The only

6
7

thing that I can ever remember from Lem was a cookout


that we had at the Elks Lodge as a fundraiser in '06.
And we had some shoulders and he had a list

8
9

of six or six or 10 people.

I mean, they had a list

10 11
12

of people that wanted shoulders for the for the campaign ~ I mean, for the for the from the
barbecue.

13 14
15

Q.

Okay.

A.

We was out at the Mason Lodge out at Cotton

Valley one night and they was having a little auction,


and he had bought some baked goods, like some cookies
and stuff.

16 17
18 19

Q.

Okay.

A.

And turned right around and told me to give I don't...

20
21

them to some kids and stuff that was there.

Q.

Okay.

All right.

Those are the only times

22
23

that you ever remember having any monetary interaction


with Lem or Scotty Palk; correct?
A. That's correct.

24 25

Q.

Okay.

All right.

Who's Bill Del Principe?

Reporter:

Roxann Harkins, RPR, CRR, LCR

30

/fP^N

Bill Del Prince


A.

do you know him?

Bill Del Pincipe (sic)?

3
4 5

Q.

Principal
A.

Is that a name that you recognize? Del (sic) or do you recognize that name?

6
7

stopped or
Q.

Pincipe. I do recognize that name. He was something in Dickson County not long ago. Okay. Let me ask you this. Are you
to drive do you have any restrictions on
I use my car.
Do you have

8 9

authorized

when you can use County vehicles?


A.

10
11 12

Q.
A.

I'm on call 24/7.


Okay.

I mean, I use my

13
14 15
16
17

Q.

Are you are you is it ethical

for you to use your vehicle for personal errands?


A.

I'm on call 24/7.

Q.

Okay.

All right.

All right.

Have you

ever been involved in using your car in attending poker


games before?
A.

18
19 20 21 22
23 24

Poker games?

Q.

Yeah.

I'm just asking the question.

don't know.
A.

A poker game?
Yeah.

Q.
A.

I don't

25

Q.

If you don't, you don't.

I mean, I'm not

Reporter:

Roxann Harkins, RPR, CRR, LCR


31

/f^V

1
2

saying you have, I just want - asking the question.


A. Poker game? I don't... I would... I can't I can't think of anything on that.

3
4

Q.

So to the best of your memory, you haven't

used a government vehicle to play in any poker games or to go to somewhere to play poker?

6
7

A.
don't...

Not that I know of, Mr. Griffith.

I
I

8 9

Q.
your answer?

Okay. All right. Were you finished with

10
11 12 13 14

A. I'm not you've got my I just I don't even remember playing poker, but... Q. Okay. That's I'm just asking the

question. Have you ever bought motors at Fort Campbell,


boat motors before?

15
16

A.
Q.
A.
Q.

Have I ever bought motors?


At Fort Campbell before?
Bought motors.
Any boat motors?

17 18
19

20
21

A.

I have never bought a motor at

Fort Campbell.

22
23
24

Q.
A.

Okay.
Yes.

Have you ever had any interaction

with a boat motor

25

Q.

Tell me the circumstances.

Reporter:

Roxann Harkins, RPR, CRR, LCR


32

A.

We got boat motors through DRMO.


What does DRMO stand for?

2 3 4
5

Q.
A.

Department of - I don't know what DRMO

6
7

stands for, but it's military surplus equipment that is used - allow public agencies, government agencies are allowed to get it. I guess it would be law enforcement
are allowed to get it for use.

Q.
motors?
A.

Okay. On behalf of Humphreys County, did

9 10 11
12
J^\

Humphreys County Sheriff Department purchase any boat


Did we purchase them? No.

Q.
A.

What did you what did you do with them?


We got them.
Given to us.

13

They're they're

14

Q.
A.

Oh, they were given to you?

15
16
17

Oh, okay. And are you supposed to use those for County purposes?
Q.

18
19 20 21 22
23
24

A.
that.

We can use those for County purposes and


Okay. Can you use them for personal

Q.

purposes?
A.

A personal purpose?

Q.

Yeah.

I mean, can you, like, give it away

to somebody or sell it or do anything with it?


A.
I

25

I know that we've given some to the rescue

Reporter:

Roxann Harkins, RPR, CRR, LCR


33

squad.

Q.

Okay.

3
4

A. I've given one to Bobby Arnold who is on call, and it's not to be used for personal use.
Q. Who's Bobby Arnold?

5
6

A.

He is the assistant chief of

New Johnsonville Police Department, Jeff Arnold's

8
9

father. And he signed a - he's on call for any


river he knows the river, and he's on call for us. And signed a form stating that that motor he knows
that that motor is not to be used for personal. Q. How much is the boat motor what type of
boat motor is it?
A.

10
11 12

13 14
15 16 17 18

Do you know?

It's an OMC, I don't...

Q.
A.

Is it like an outboard-type motor?


Yeah.

Q.
A.
Q.

How many of these motors were you was


I'd have to go back and look, Mr. Griffith.
Is it more than five?

the sheriff department able to obtain from DRMO?

19
20
21

A.
15.

Oh, yeah.

I think it was somewhere around

22
23

Q.

Bobby Arnold, you said, is the father of

24
25

the assistant chief of New Johnsonville; is that


correct?

Reporter:

Roxann Harkins, RPR, CRR, LCR


34

2
3
4

A. QA.

Uh-huh (affirmative), that's correct. Is he a paid law enforcement officer?


No.

Q.

He's on call for what purpose?

5
6 7

A.

To help and aid and assist in river rescues

8
9 10 11 12 13
14

because he knows the river and water extremely well. Q. Okay. How many times in the last two years have you called Bobby Arnold to be on call or have you
utilized his on-call status?

A.
Q.

Haven't.
Okay.

Haven't had the opportunity to.

Well

A.

Pretty much turned that over to pretty

much have turned that over to the to the fire


department now.

15
16
17

Q.

Okay.

How did you make the deal to give it


How did that

to Bobby Arnold?

MR. DAVIDSON:
question.
BY MR. GRIFFITH:

Object to the form of the

18 19 20 21 22
23 24

Q.

How did that transpire where and you get

this motor on behalf of Humphreys County and it's


transferred to Bobby Arnold?
A. Well, we we have we at the time I

guess we got them, we was doing a lot of river rescues.

25

We've done probably recoveries and rescues, we've

Reporter:

Roxann Harkins, RPR, CRR, LCR


35

1 2 3 4 5

probably done close u^e to to

t'h say =,, 10, m id pretty quick there

at one time. And I knew Bobby, Bobby knew the water. I didn't know if he was attached to ~ I don't remember him being attached to Benton County Rescue Squad. And
sometime during that time period.

6
7

Q.
A.
is.

Did you say he is part of the rescue squad?


I don't I don't think he is. I don't

8
9

know if he was at the time or he is. I don't think he


Q.
squad?

10
11 12 13
14

Did you give any motors to the rescue


Here local?
Yes.
Yes.

A.
Q.
A.

15
16
17

Q. Okay. All right. What other nongovernment entities, if any, in addition to Bobby Arnold were
motors transferred to?
persons.

Nongovernmental entities or

18 19 20

A.

As far as what?

Q.

As far as boat motors?

21
22
23

A.

I mean, as far as when you say

nongovernment, are you talking about rescue squads?

Q.
A.

Well, whatever you yeah, I'm talking


Us, Benton County, Kingston well,

24

rescue squads.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR


36

1 2

Kingston Springs is government entity. Benton County


Rescue Squad.

3
4

Q.
Dod-

Is there some type of, like, paperwork to

confirm this transfer of this boat motor to Bobby


Bobby Arnold?
A. There is.

5 6
7

Q.
A.
Q.

And that was what was the agreement


Just an agreement that he I mean, it's
Okay. And he's not supposed to use it ~

8 9 10
11

called that you said?

it's on file at the department.

12 13
14 15 16 17 18 19 20 21 22
23 24

he's supposed to use it only for governmental purposes?


A. Yeah, to assist us.

Q.
was?

Okay.

And do you know how long ago that

A.

I'd have to get the date on it.

Q.
A.

The year?

Do you know what year?

I don't remember.

Q.
purposes?

But, to the best of your knowledge, you've

never asked him to use the boat for governmental

A.

Hadn't had the

hadn't had the

opportunity in that sense that we've had to have it.

Q.

So, therefore, if he's keeping his end of

25

the bargain, the motor should still be pretty much

Reporter:

Roxann Harkins, RPR, CRR, LCR


37

unused?

2 3
4

A.

Correct.

Q.
that?

Okay.

All right.

What do you do with

confiscated items, like four-wheelers and things like


What do you do with those?
A.
Q.
A.
Q.

6
7

Confiscated four-wheelers?
Yes, sir.

8 9 10
11 12 13 14

Put them back to use.


How?

A.

I mean, use within the department.

Q.
A.
Q. A.

All right.

Do you take them home with you?

There have been, yes.


Okay. I let the I let the detectives I let

15 16 17

the detectives, like Wesley Hagler, he's on


call. They have been utilized before.

he's on

Most of the time

by the detectives.

18
19
20
21

Q.

Okay.

So if you have confiscated items

such as four-wheelers, you'll allow your detectives to take them to their personal residence; correct? A. Yeah, if they're on call. I mean, we're on

22
23

call, we have to go to marijuana


drugs, we've used them for the woods.

we've used them for

to get dead bodies out of find people. We've

24

We've used them for

25

used them to

people on property.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

1
2

QThere are there any four-wheelers that you guys have as part of the Drug Task Force that are
kept at a public facility?
A. Drug Task Force?

3
4

5 6
7

Q.

Well, let me does the sheriff's

8 9 10 11
12

department own any four-wheelers that it's got at its ready use and disposal that are not kept at a personal residence, that are kept at a public facility?
A. Yes.

Q.

Where is that?

A.
Q.
A.
Q. A.

There's one I saw the Honda yesterday,


Okay. All right. So that's always kept at

just at the training center.

13 14 15

a public facility?

I'm not going to say always.


Okay. It's But primarily? they're they're made to where

16
17 18
19

they're readily accessible by the detectives or whomever


needs them when they need them.

20 21 22
23 24

Q.

Okay.

In the course of your being sheriff


that

since 2006, how many four-wheelers have been

have been confiscated through the Humphreys County


Sheriff's Department's efforts have been at your
personal residence, would you say?

25

A.

You mean, have I when you say at my

Reporter:

Roxann Harkins, RPR, CRR, LCR


39

1
2

personal residence, have I brought them home?


Q. Yes.

3
4

A.
Q.

There's been two. I mean, we usually carry


Okay. And how many have gone to how

them two at a time on a trailer.

5 6
7

many four-wheelers that have been confiscated through the efforts of the Humphreys County Sheriff's Department
that have been taken to either officers' or

8 9 10
11 12

investigators' home, personal residence, would you


estimate?

A.
two.

I don't think that we've ever had more than

13 14 15

Q.
A.

Okay.

Two per two per investigator or


I don't think we've ever had

two total that circulate?

Two total.

16
17 18 19 20 21 22
23 24

but two total.

Q.
A.

Do you have some at your house now?


No.

Q.
A.

Where were the ones that were there before?


The ones that were there before?

Q.
A.

You said you had two that were at your


That's the two that I'm talking about

personal residence.

that's in the department.

I think Detective Hagler has

25

one now that he's utilizing for eradication.

Reporter:

Roxann Harkins, RPR, CRR, LCR


40

/flP^v

Q.

Okay.

2
3
4

A.
center.

And the other one is at the training


Okay. Do you ever let your children ride

Q.
A.

5 6
7

those four-wheelers?

Yeah, my son's rode it before.

Q.

Okay.

Are there any ethical rules that

8
9

govern the private use personal use of confiscated


items such as four-wheelers?

10 11
12

A.
Q.

Are you saying is it unethical to let my


No, sir, that's not the question I asked.

son ride a four-wheeler?

13 14 15

But you can answer that question, if you want to.


A.
Mr. Griffith.

That's ask your question again,


The question was, are there any ethical

16 17
18 19 20
21

Q.

rules that govern the use of confiscated items such as

four-wheelers by public employees such as yourself, that


you're aware of?

A.
that.

I'm not aware of any said rule or law on

I mean...

22
23

Q.

As

go ahead.

A.

Are you asking if my children have rode my

24

four-wheeler, I answered that, yes, my children have


rode that four-wheeler that I have before.
I

25

Reporter:

Roxann Harkins, RPR, CRR, LCR


41

j^fP^V

Q.
A.

You said you said my four-wheeler.


No, no, no. The department.

Is

2 3
4

it your four-wheeler

Q.

Okay. All right. All right.

So as far as

5 6 7 8 9 10 11 12

you know, it's fine for you to take confiscated items to


your personal residence and let your children ride them?

A. I've answered that question. I mean, I'm not going to say that have I done it have I taken them home and kept them for a long period of time? No. Have I kept them take them and kept them when we're
out doing something and overnight? Yes. Have I taken

them and worked on them and fixed them myself? Yes.

13
14

15 16
17

Q. I mean, if Jake Lockert wanted to pull up to the sheriff's department and use the four-wheeler, would he be able to take it home with him and just do
take it for a weekend somewhere?
A. No.

18 19
20

Q.

Okay.

But you can?

A.

I've not

I don't know that I've ever

really actually done that, but.


Q. Okay.

21
22
23

A.

Have I had them at my house?

Yes.
Yes.

Has

other detectives had them at their house?

24 25

Q.

Okay.

And you that's a practice that is

currently in effect today and you don't really plan on

Reporter:

Roxann Harkins, RPR, CRR, LCR


42

changing that rule, because you don't think there's


anything wrong with it; correct?

2 3
4

MR. DAVIDSON:
BY MR. GRIFFITH:

Object to the form.

5
6 7

Q.

Is that correct, Sheriff?

A.

Say that again, please.

Q.

The practice of using private I'm sorry,

8
9

government confiscated vehicles for sheriff's officers'

private use is something that is still practiced to this


day; is that correct?

10
11

A.

Well, I mean, you've you've raised my

12 13 14

question to it. Am I going to ask my County attorney about it? Yeah. Do I need to put a policy in place on
it? Probably so.

15
16
17

Q.

But before I've asked this question, it's

never crossed your mind to ask Mr. John Lee Williams


about that, is there (sic)?
A. No.

18 19
20
21 22
23

Q.

Do you agree that all inmates should be

treated the same, Sheriff Davis?

A.

All inmates should be treated the same?

Q. Well, they shouldn't they shouldn't get special privileges or favors over another prisoner or
inmate outside of rules that are established for
prisoners; would you agree with that?

24
25

Reporter:

Roxann Harkins, RPR, CRR, LCR

j
43

A.

Yes.

2 3
4

Okay. Have you ever let do the rules allow you to allow prisoners to go home on the weekends sometimes? Is that allowable if somebody's got a
Q.

5
6 7

continuous term?
A.

Prisoners to go home on the weekends?


Yeah. Detain prisoners.

Q.
A.

8 9 10 11 12

I'm not following I wouldn't

Q.

If somebody's got a prison term, for

example, six months or a year, are you allowed to let


them go home on the weekends?
A.

And they're serving a prison term?

13 14
15 16
17

Q.

Well, at the County jail, I should say.


I mean, there has been times when we've

jail term.
A.

taken an inmate to a funeral or something


Q.
A.

Okay.

Sure.

18
19

of that nature, but I don't

Q.
A.

Some unique circumstance like that?


Yeah.

20 21 22 23 24 25

Q.

Do you ever let detainees at the jail go


their children for any reason?
alone, nothing special? Detainees to go see their children?
Yes.

home to see
that reason
A.

Just for

Q.

Reporter:

Roxann Harkins, RPR, CRR, LCR


44

^N

A.

I'm not aware that that's happened.

2
3
4 5

Q. Okay. Would you agree that it's improper to allow a detainee to go home just because they want to
see their children, just for that reason alone?
A. Again, I'm not aware of that ever
happening, Mr. Griffith.

6 7 8
9

Q. I understand, but my question is, would you agree that it's wrong to allow a detainee to go see
their family just because they asked you to do that as a
favor?
A.

10
11
12

Okay.

Yeah, I guess.

Q.
A.

You guess or Yeah, I mean I don't

13
14

Q.

You're the you're the sheriff.

I just

15

wonder if you know.

16
17

A.

I'm trying to think if there's a situation

or there's ever been an incident on that, and I'm not


familiar with that.

18
19

Q.

Okay.

20 21 22
23
24

A.
Q.

I don't
Well

there's got to be more to the...

MR. DAVIDSON:

Let me object.

Are you

asking about a furlough?

You're saying something like

let go home.

Do you mean a furlough or do you mean I

/#^>

25

mean, you mean him personally letting somebody go or

Reporter:

Roxann Harkins, RPR, CRR, LCR


45

what?

BY MR. GRIFFITH:

3
4

Q.

What is a furlough? How would you describe

what a furlough is?

5 6
7

A. A furlough is something that's granted for the inmate, whether it's medical or other reasons, I
don't...

Q.

Okay.

9
10

A.
Qthat?

There's hundreds of different reasons, I


Okay. Who is Stephanie Overton? Who is

guess, for furloughs.

11
12

Do you recognize that name?

13

A.

I know Stephanie.

14
15
16
17

QA.
Q.
A.

How do you know Stephanie?


I know that she had been an inmate
Okay.
before.

18
19

Q.

Did you ever let her go home on the

weekends to see her children?

20

A.

Not that I'm aware of.

21
22
23

Q-

Okay.

All right.

All right.

Would you

degree that it would be improper for any employee of the


Humphreys County Sheriff's Department to have sexual

24
25

relations with a inmate or a detainee at the Humphreys


County jail facility?

Reporter:

Roxann Harkins, RPR, CRR, LCR


46

#^-

A.

Absolutely.

3
4 5

Q. Okay. Do you know anybody in your department, including yourself, that has ever had sexual

relations with any inmate at the Humphreys County jail?


A. No.

6 7 8 9

Q.
A.

Okay.

Have you ever allowed inmates to use

your personal cell phone before?

Have I my personal cell phone?

10
11
12

Q. Well, any cell phone in your possession, either one that's personally paid by you or one that's

paid for for your use by the Humphreys County Sheriff's


Department.

13 14
15

A.

There's probably been an interview, when

we've done interviews or something to that nature that I


have.

16
17

Q.

Okay.

Can you tell us the circumstances

that when an inmate could use your personal cell


phone?

18 19 20 21

A.

I can't

I mean, I can't sit here and

tell you of a situation.

You know, there's has there

been a time that I've done an interview and he asked to


call home to check on or an inmate asked to call home

22
23 24

and check on somebody or somebody in the hospital, I


can't tell you that I haven't done that.

25

Q.

Okay.

Have you ever let Stephanie Overton

Reporter:

Roxann Harkins, RPR, CRR, LCR


47

1
2

use your private cell phone or your personal cell phone


on your person?

3
4

A.
I don't.

I honestly don't remember ever doing that.


Okay.

Q.

6
7

A.
remember it.

I can't say that she has, but I don't

8
9 10

Q. Okay. All right. Sheriff, other than your compensation that you receive from the Humphreys County
Sheriff's Department, do you receive any other source of
compensation?
A. Income?

11
12
13

Q.
A.

Yes,
No.

sir.

14 15 16 17 18 19 20
21

Q.

Okay.

Chris Sheriff, I tell you, you

have put your character in issue and I don't like asking


these questions, any that I've asked, I'll just tell
you. I don't like them, but you're the one who's

claiming that your reputation has been defamed, so I

want to apologize to you for getting personal with you.


But I hope you understand that it's because of this

22
23 24 25

lawsuit that I'm sitting here today.


A. Well, I can't help it that he lied.

Q.
A.

Okay.

All right.

I just want to

He's the one that

Reporter:

Roxann Harkins, RPR, CRR, LCR


48

/^\

Q.

between me and you

A.
Q.

He's the one that constantly lies, not me.


I just wanted you to have this

3 4 5 6
7

understanding. Okay. All right. Well, between me and you, I just wanted to have that understanding.
A. Sure.

Q. A.

All right. Thank you.

8 9

Q.

Okay.

And that's a preface for these next

10
11 12 13
14

questions because there's some allegations that you had an improper relationship not throwing stones here
A. I understand.

Q.
time.

with someone on some of the company


MR. DAVIDSON: Let me object to the form.

15 16
17

What do you mean, company time?


MR. GRIFFITH: Well, I think it's been

18
19

published, I saw it on the news, that Sheriff Davis

allegedly had a relationship outside of his marriage


with a woman, and there was some use of possible use
of County funds and during the time that he would
normally be on duty.

20
21 22
23 24

MR. DAVIDSON:

Wait a minute.

Again, I'm

going to object to the term normally on duty.


MR. GRIFFITH: Okay. Well, he said he's

25

Reporter:

Roxann Harkins, RPR, CRR, LCR


49

always on duty.
MR. DAVIDSON: That's correct.

3 4 5

MR. GRIFFITH:
on duty.

Okay.

So, therefore, if

he's always on duty, these events happened while he was


MR. DAVIDSON:
when he's not working.
MR. GRIFFITH:
that's

6
7

Not necessarily, Counselor,

because he can make a decision when he is working and


Okay. Well, that's

8
9
10 11

MR. DAVIDSON: statement, it's misleading.


MR. GRIFFITH:

And when you make that

12
13
14

That's subject to

disagreement, so I'm going to ask him some questions

15
16 17

about that, but it's at in issue in this case through


your lawsuit.
BY MR. GRIFFITH:

18
19

Q.

So, Sheriff, I will ask you

again, I

don't want to ask these questions, but who is the lady


that you allegedly had an improper relationship with?
A.
Q.

20
21

Kimberly Sensing.
And

Kim Sensing.

22
23
24

A.

He knows.

He interacts with her.

Q.

Did

well, I'll tell you, he and I

25

well

it's not been a subject of discussion,

Reporter:

Roxann Harkins, RPR, CRR, LCR


50

1
2

especially recently, but I will tell you this well,

let me just ask you.


is?

Did you ever see Kimberly Sensing

3
4

at the Humphreys County jail facility where your office

A.

Say that again.

6
7

Q.
A.

Has she ever been to your office?


Yes.

Q.
A.

Has she been inside your office?


Yes.

9
10
11

Q.

Okay.

What was the purpose of her coming

up to see you at your office?

12
13
14

A.

To pick up

there was some material that

she come and picked up.


books or what.

I don't remember if it was

15
16

Q.

What type of books was it related to?

What

was the substance of it?

17 18
19

A.

It was some educational

drug

educational-type books.

Q.

What is her

what is her job or what was

20 21 22
23

the necessity for her to pick up that type of material?


A. Don't have a clue.

Q.
office?

Okay.

How many times did she come to your

24 25

A.

Don't have a

clue.

Q.

More than once?

Reporter:

Roxann Harkins, RPR, CRR, LCR


51

A.

Yeah.

Q.

Okay.

Did you ever have sexual

3
4 5

relationships with her at your office?

Under oath, I'd

ask you that question. A. I'm trying to remember. I don't I don't

6
7

remember, Mr. Griffith.

Q.
rule it in;
A.

Okay.
correct?

You can't rule it out, and you can't

9
10 11
12

I don't remember.

Q.

Okay.

If you did have sexual relationships

with her at your office, would you agree that you were
in the course of conduct of your role as sheriff at the
time that those events occurred?

13

14
15

MR. DAVIDSON:
form of the question.

I'm going to object to the

16
17 18
BY MR.

MR. GRIFFITH:
GRIFFITH:

You can object, that's fine.

Q.

You can answer.

19 20
21

A.

Say what you asked

ask what you

ask

that question again.

Q.

Would you agree that you did have sexual

22
23 24

relationships with Kimberly Sensing in the Humphreys

County Sheriff's Office that that would be improper


conduct on the part of the sheriff's
Humphreys County?

sheriff of

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

A.
counsel.

I want to reserve the right to ask my

3 4
5

Q.

Okay.

That's fine.
I think let me let me

MR. DAVIDSON:

object on the grounds that what I think you're asking


him is a legal question, because there is a legal

6
7

question as to whether there's no question the


sheriff's on call 24 hours a day, but the sheriff is

8 9
10

it is our position the sheriff's not on duty 24 hours a


day.

11
12

MR. GRIFFITH:
MR. DAVIDSON:

Are you instructing him


Let me state for the

13 14
15 16
17

MR. GRIFFITH:

I don't want

I don't

care.

I don't care what the record is.

It's improper

for you to state a speaking objection.

You're telling

him what to say and that's improper, Phillip, you know


it.

18

MR. DAVIDSON:
say.

I'm not telling him what to

19 20
21

MR. GRIFFITH:

Hall versus Clifton

Precision, 30.03 says it's improper for you to do what


you're doing
MR. DAVIDSON: What I'm doing, Counsel

22
23 24

MR. GRIFFITH:

and I'm going to request

25

it and I'm going to seek sanctions.

Reporter:

Roxann Harkins, RPR, CRR, LCR

MR. DAVIDSON:

What I'm doing, Counsel, is

2
3
4

I'm making sure he's not asked a misleading question.


want you to clarify it.
MR. GRIFFITH: Okay.

5
6

MR. DAVIDSON:
about the clarification.

We're stating our position

MR. GRIFFITH:

I would

thank you.

MR. DAVIDSON:

You're asking him a legal

9
10

question which he can't give an answer to.


BY MR. GRIFFITH:

11

q.

Are you aware of any grounds of ethical or

12
13
14 15

legal conduct for which a sheriff having sexual


relationships with someone in his office would be
unethical from the sheriff's A. Am I aware of that?

16

q.

Are you aware of any ethical prohibition

17
18
19
20
21

against having sex with someone inside your office?


A.
question.
Q.
A.

I can talk to counsel on understanding that

Okay.
I'm not...

22

Q.

All right.

What about the courthouse?

23
24
/#&N

Have you ever had sexual relationships with anyone


outside your marriage in the Humphreys County
courthouse?

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

54

1
2

A.

Again, I'll reserve the right to talk to

counsel on that.

Q.

Okay.

If you did do those things that

you're not going to answer right here on record, would

5
6

you agree those are things that damage your reputation


in the community in your professional substance

7
8

professional relationship?
A. If that -- say that again, John, I'm sorry.

Q.

I'm sorry, that was poorly asked, Sheriff.

10

If you did have sexual relationships with persons

11
12
JPN

outside your marriage, either in your sheriff's office


or at the courthouse, government facilities, would you

13
14

agree that those are things that can damage


A. Are you asking

15
16 17

q.
A. Q.

your professional reputation?


in my personal life? In your

No, that's not my question.

18 19
20

professional reputation as sheriff of Humphreys County, if you had sexual relationships with persons in the
courthouse or at your office, would you agree those are

21
22
23 24

the things that would damage your professional


reputation of sheriff of Humphreys County?
a. Q. I'll reserve the right to counsel on that. Okay. That's fine, but if your damage

25

if there is damage to your reputation, I want to know -

Reporter:

Roxann Harkins, RPR, CRR, LCR

55

1
2

one of the things I've got to understand is how much

worse, if any, that it was made by Jake Lockert.

And so

3 4 5
6
7

that's that's why I'm asking you again to answer the


question.
A.

And you can refuse if you so choose.


I reserve the right to counsel on that.

Q.

Okay.

All right.

Do your officers have

the responsibility to make reports of incidents that


occur?

8
9

A.

Yes.

10
11

Q.
occur?

And do they have the responsibility to keep

accurate to make accurate notes of things when they

12

13
14 15
16
17

A.
don't
Q.

Their reports are their reports.


they're not instructed to keep notes.
Do you review the reports?

I mean, I

A.
Q.

I have started that recently.


Okay. But don't you expect your officers

18 19

to maintain truthful notes when they make notes?


A. That's their notes. I mean, their notes

20
21

are their notes.

Q.
A.

But they're employees of yours; correct?


Right, that's correct.

22
23

Q.

And so can you tell us whether or not you

24

expect them to be truthful when they write their notes?

25

A.

On their

on their reports, yes.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
56

1 2

Q.
A.

Yes.

Absolutely.

3
4
5

Q.

And you rely upon what they say in their

reports, don't you?


A.

Their reports are court records.

I mean,

6 7
8

it's

if

they're going to court on a report, yeah. And you wouldn't want to rely on anything
would you? I would hope not.

Q.
that' s

fal.se,
A.

9
10 11

Q.
it's

Okay.

And if you rely on it, then it's

reasonable for other people outside of the to rely upon it, don't you think?

12 13
14 15 16 17

department sheriff's <


A. Correct.

Q.

And if somebody relies upon those notes and


to those notes well, that's not a good

they

refer

question e ither. Let's talk about the Darrin Ring incident


for a second.
A.

18
19

Okay?
Sure.

20
21 22 23 24
25

Q.
that we're
A.

Because that's

that's the main reason

here,

I think.

Sure.

Q.

As I understand it, you

you allege that

you were not at the scene that night; correct?


A.

I did show up on the scene that night.

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

Q.
A.

Okay, you did?


I did.

3
4

Q.

Do you know at what point of the

altercation, let's say, that you showed up at the scene?


A. He was in the Mr. Ring was in the back seat of the patrol car when I arrived on the scene.
Q.
know that?

6
7

Okay.

And how do we know

how would we

8
9

A.
Q.

There's video footage of that.


How does the video show does the video

10
11 12

show when you first arrived?


A.
Q.

It's consistent with radio traffic.


Does the video show

/^N

13 14

A.
Q.

Video shows me walking up onto the scene.


Okay. Would you agree that the the

15

16
17 18

video doesn't show you pulling up at the scene, does it?


A. It does show me pulling up to the scene.

You can see me headlights pulling into the...

19 20
21

Q.

But to somebody that's

doesn't know your

headlights, they wouldn't

just from the headlights,

they don't know that those are A. You can you can

22
23 24

Q.
A.

Chris Davis headlights, do they?


you can hear me I'm sorry, ma'am.

25

You can hear me on the radio checking onto the scene.

Reporter:

Roxann Harkins, RPR, CRR, LCR


58

1 2

You can see my headlights and you can see me walking


into the car I mean, walking into the scene.
Q. But from the video alone, you don't know
it's you don't know those are Chris Davis's

3
4

headlights when you pull up, just from the video alone,
do you?

6
7

A.

You would make the assumption because of

8 9 10
11 12

the radio traffic and then me getting out of the car and
walking onto the scene.

Q.
on the video?

Okay.

Can you do you ever see your face

A.
Q.
A.

Yes.

You see me entire body.

13
14

Including your face?


Yes.

15 16 17 18 19 20
21

Q.

Okay.

All right.

Would you agree that the It doesn't

video only shows a certain degree angle?

show 180 degrees or 360 degrees; would you agree with


that?
A. Yeah.

Q.

So there are things that happen behind the

video that you can't see; correct?


A. I guess that would be correct.

22
23

Q.

And what angle is it that it shows?

Do you

24

know?

Is there a standard angle or do you have any idea

25

what angle it shows?

Reporter:

Roxann Harkins, RPR, CRR, LCR

A.
Q.

Depends on which camera you're looking at.


Was there more than one video camera that

2 3
4 5 6
7 8

night?
A. There was.

Q.

Have you seen other videos, other than the

one that's been displayed on TV?


A. I have.

Q.

Do you have it?

9
10

A.
Q.
A.

I've got my copy of it.


Where do you keep it?
I don't know if it's I'd have to I'd

11 12

have to find it, Mr. Griffith.

I don't know

I'd have

13 14
15

to find my file.
Q.
TBI?

I'd have to find my file on it.


have you ever shown it to

Other than

16
17

A.

They've got it.

They've got all the copies

of all the cars.

18 19
20

Q.

Okay.

If that's something I sent you a

request for, is that something that you could provide to


me?

21 22
23

A.

The video that shows me on the scene is a

Waverly patrol car video.

Q.
have
Whose

Okay.

The video that you

did you

24

where's the other video perspective from?


whose camera was that?

J^&\

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

60

1
2

A.
Parnell's.

I don't know if it was Fortner's or

3
4

Q.

Has that been released to the media, to

your knowledge? A.
media?

Not that I

I don't know of that.

To the

6
7

Q.
A.

Have you seen it on TV at all?


No.

9 10
11 12

Q.

Because the only one I've seen, being

involved in the case, is the


A.
Q.
A.

Our patrol car video.


Yeah.

jgp*\

13
14

No,

there's other videos than that.

Q.
A.

Okay.

And you have at least one of them?

15 16 17 18 19
20

That's correct.

Q.
A.

Is there more than one?

I mean,

I've got my copy.

Q.
A.

I mean, how many other cameras there?

I'm assuming that Fortner and Parnell both

would have video footage.


Q. So we're talking three total? Three

21
22
23

different videos total?

A.

I don't know if

well, this Hedge

24

don't know if Hedge, Parnell


McCord,

I'm sorry, Hedge, Benji,

25

I don't know the status of those three cameras.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
61

Q.

Okay.

A.

But there should have been

if I'm not

3
4

mistaken, there should have been five different cameras.

Those three, if they all, in fact, had cameras, and then


the two city officers.

5 6
7

Q.
anyone?

Okay.

Have you ever shown your video to

8
9 10 11
12

A.

My video?

Q.

The one that you said was in your car?

Or

did you have one in your car?


A. No.

Q.

Which video you said you had in your


you said there was another one?

13
14

possession that

A.
Q.

The one showing me when I got on the scene.


Okay. Is that the City video or is that a

15 16
17

different one?

A.
patrol cars.
Q.

That's

that would be off one of the City

18 19 20
21

The one that's been all over the news?

The

main

I don't know.

I don't know how to describe it,

I'm sorry.

22
23 24

A.
guess,

Oh.

That

that particular video, I


either McCord or Lee's car.

come from one of

I don't know which car it come from.

j^pfcv.

25

Q.

Does the Humphreys County Sheriff's

Reporter:

Roxann Harkins, RPR, CRR, LCR


62

/g$*\

Department possess any of those videos, other than

2
3
4 5

how many videos does the Humphreys County Sheriff's


Department possess?

A.
the...

I would have to

I would have to look at

Q.

But more than one?

A.

When you when you're saying the videos,

8
9 10
11

you're talking about the

Q.
about copies.

Different perspectives.

I'm not talking

A.

I'm with you on that.

I don't know the

12 13 14 15 16
17

status of Lee and McCord


cameras from that night.
Q. Okay.

I mean, of Lee and Hedge's

A.

I don't know if they, in fact, had cameras.

There should be three different videos and/or a video


with an audio.

18

Q.

Okay.

But McCord's video is the one that I

19
20 21

think has been on the news quite a bit?


A. I'm assuming that.

Q.
A.

Okay.

Are you on McCord's video?


I don't know.

22
23 24

I don't

Q.

Okay.

A.
his or not.

I don't know if I'm on it, the very end of

25

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
63

Q.

I'll just tell you, I reviewed it, I don't

2 3
4

recall seeing you.


there.
video?

That doesn't mean you're not on

But have you ever seen yourself on McCord's

A.

I don't know that I've ever looked at the

6
7

part afterwards.

Q.

Okay.

All right.

Sheriff, Tim Hedge was

8
9

an employee of yours on January 27, 2011; correct?

A.
Q.
A.

Say that again, please.

Hedge being a

10

Was Tim Hedge an employee of yours?


Yes, sir.

11
12 j0Hfe\

Q.
A.

Of Humphreys County Sheriff's Department?


Yes, sir.

13
14

Q.

I've asked you to read this before,

15

Sheriff, but I want to ask you.

This is the Humphreys

16
17 18

County Sheriff's Office supplemental narrative report.


Do you see that, sir?
A. Yes, sir.

19

Q.

Sheriff, I'd like to ask you to read right

20
21

here, this paragraph, the second one from the bottom, if

you would, please, sir, and read that full paragraph. A. While we were waiting on the Waverly units

22
23

to arrive, we had a brief period of time that Darrin was


apparently catching his second wind but was still struggling with us. Several more strikes to Darrin's

24
j0^\

25

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
64

$0&\

ribs and legs were made, and each time he was told to

2 3 4
5

stop resisting.
scene.

By the (sic) time we were starting to

wear down ourselves, and the Waverly officers got to the


Q. Okay. All right. And that's Hedge's

6
7

report; correct?
A. That's correct.

8 9 10 11
12
/P^S

Q.

All right.

Now, read the next two

sentences, please, sir.

A.

Officer Parnell came to our aid, along with

Officer Fortner, and shortly afterward the sheriff


showed up.

13

Q.

Okay.

Is that report incorrect?

14 15 16
17

A.

Officer Parnell came to our aid along with

Officer Fortner, and shortly after the sheriff showed


up. I'm assuming that that would be correct. Q.
that, please?

All right.

What's the next sentence after

18
19 20
21
22 23 24

A.

I told Darrin to stop resisting or he would

be tased and he was still combative.

Q.

All right.

And then go ahead and keep

reading, please, sir.


A. I pulled back off of Darrin to allow
The shot hit him in

Parnell to administer the Taser.

25

the abdomen area and began tasing.

Reporter:

Roxann Harkins, RPR,

CRR, LCR
65

Q.

Would you agree that at least in that

2
3
4

narrative that the way it's presented by Deputy Hedge


that it could be construed reasonably that you showed up
before Darrin Ring was tased?

5
6

A.
Q.

Could I look at that and say that?


Yes, sir.

A.

Me, knowing the situation, no.

8 9
10

Q.

No, just if you were an independent

person, you'd never been there that night, could you


see

11
12

A.

I can't tell you what somebody's going to

make the assumption of.

13
14
15

Q.

Would it be wrong for somebody to make an

assumption, not being there that night, that you arrived


before Darrin Ring was tased?

16
17
18

A.
Q.
A.

By looking at this sentence?


Yes, sir.

I can understand that.

19

MR. GRIFFITH:

Okay.

All right.

I want to

20
21
22
23

make that the next

the first exhibit, please.

(Whereupon, the above-mentioned document


was marked as Exhibit No. 1.)
BY MR. GRIFFITH:

24 25

Q.

Do you have any knowledge of whether or not

Jake Lockert relied upon Deputy Hedge's statement for

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
66

1
2

any allegations that he made of you being at the scene


before Darrin Ring was tased?

3
4
5

A.

He had his office, since Ring appeared

in court within 10 days, had the information and


knowledge of the case.

6
7

Q.
A.

Okay.

Including Hedge's report?

Including Hedge's report.

8
9

Q.

And that's dated January 28, one day after

this incident occurred; correct?

10

A.

Should be.

That's probably correct.

11
12
13 14
15

Q.

Okay.

So do you have any knowledge that


If

Jake Lockert

well, let me ask it a different way.

Jake Lockert says that he saw this report that you just we just made Exhibit 1 and he relied upon it,

would you have any reason to disagree with that?

16
17
18

A.

Yes, I would, because he not only did he

he looked at that, he also asked me on the phone if I


was on the scene.

19
20

Q.

Okay.

Do you

and if

did you tell him

you were on the scene?

21
22

A.
altercation.

I told him that I was not there during the

23

Q.

Okay.

Did anybody hear that phone call or

24
25

was it just you and Jake?


A. I don't recall. I don't.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
67

1
2

Q.

So basically if Jake recalls or says that

you said you were at the scene without a qualifier,


would you have any reason to disagree with that?
A. If he said that I never had that

3
4

5 6
7

conversation with him?

Q.
were

No.

If he said that you just said you

you were out there at the scene and you know

8 9

what happened, do you have any reason to disagree with


that?

10
11 12

A.

One more time.

Q.

If Mr. Lockert says that he had a

conversation with you by phone and that you said you


were out there at the scene, would you have any reason
to disagree with that?
A. Yes.

13
14

15
16
17 18

Q.
A.

Okay.

Tell me why.
because I told him I told him

Unless

when I got there.

I told him that I got there when he

19

was in the back of the car.

20
21

Q.

Okay.

Okay.

What else did you

tell me Did he

about this conversation that you had with Jake.


initiate the phone call?
A. He did.

22
23

24 25

Q.
A.

And what was the purpose


Let me let me

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
68

Q.

Go ahead.

A.

Let me clarify that.

If I'm not mistaken,

3
4 5

he come to the office, I was doing something, he left.


He called, I missed him, and if I'm not mistaken, I
called him back.

6
7

Q.

Okay.

And then tell me everything that you

remember about this conversation, please, sir.


A. It was a very short conversation. He made

8 9 10 11
12
JiPN

some demands during that conversation.


Q. Such as?

A.

Reference to the guys.

I made the comment,

what have they done?

13
14

Q.
remember?

And what

what was his response, if you

15
16 17

A.
he

I made the comment, what have they done,


He said

I don't remember exactly how it was said.

that something about not being happy that he was

he

18 19 20 21 22
23

contacted the DA office or he was going to contact the

DA's office about the Ring incident.

And just a couple

more comments were made, and that's about it.

Q.

Okay.

Before

do you know approximately

when that phone call was made, Sheriff?


A. I do not.

24 25

Q.

Was it shortly after this Ring incident

occurred or was it a while after?

Reporter:

Roxann Harkins, RPR, CRR, LCR


69

A.
somewhere

No, it was on up in July.


Okay.

I mean, it was

3
4

Q.

What was the demands you said


He made

that

if any, that Jake made of you at that time?


A. Something to do about the guys.

5 6 7
8

reference to some demands about the guys.


Q.
A.

You mean the sheriff's deputies?


Deputies.

Q.
Darrin Ring?

Did he feel that they had been cruel to

10
11

A.

I don't remember exactly.

I know there was

12
13
14

demands regarding the guys, John I mean,

Mr. Griffith.
Q.

I don't know I don't recall exactly


Was when during that initial well,

what those demands were.

15 16 17
18

before that phone call was made, Sheriff, had Jake

Lockert ever done anything to you personally that you


found offensive? A. I don't remember.

19

20
21

Q.

Okay.

When he called you, did he appear to

have a genuine concern for the well-being and the

22
23

incident well, let me did he when he called you


this time that we're talking about in July or

24
25

approximately July, did he appear to have a genuine


concern for what had happened to Darrin Ring?

Reporter:

Roxann Harkins, RPR, CRR, LCR


70

1 2

A.

He was more angry at the officers.

Q.

Okay.

For what they had done to Darrin

3
4 5

Ring?
A.

I can't say that.

I know he was upset at

the officers.

6
7 8

Q.

Okay.

Did he

did you find it unusual

that he would come to you first to try to ask certain


things be done to these officers?
A. Did I find it unusual?

9 10
11

Q.

Yes, sir.

Or reasonable?

How would you

describe it, if you


A.

if I asked you to describe it?

12
13
14

I've never been in that situation before.

Q.

Before

he contacted you before he went

to Dan Alsobrooks;

correct?

15 16
17

A.

I think he'd told me that he had a call in

to the DA's office.

Q.
to the media;
A.

Okay.

And he contacted you before he went

18 19 20 21 22
23

correct?
Just

Q.

The best of your knowledge?

A.
Q. A.

Just with that phone call.


Okay. As a matter of fact, I think in that phone

24

call that he stated that he was going to the media.


Q. Unless what?

25

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
71

A.

I don't remember him saying unless.

Q.

Okay.

All right.

My point is, did he

3
4
5

to your knowledge, did he try to work it out with you


directly before anything else got blown up?
A. I don't remember that.

6
7

MR. DAVIDSON:
BY MR. GRIFFITH:

Object.

Object to form.

Q.

Okay.

All right.

Do you know that Jake

9 10
11

Lockert had the audio prior to well, in July when he


called you?
A. Q. Did he have the audio? Yes, sir.

12 13 14
15

A.

When our he should have had everything

when Mr. when Lance went through the 10-day hearing,


they should have had everything then.
Q. Okay. All right.

16
17 18

A. Q.

All the reports and everything. Do you have I know I've asked you this

19
20
21 22
23

and your attorney will object, but I just want to make


sure I'm clear. What information do you have, other

than the audio and the video that Jake Lockert knew that

you arrived after Darrin Ring was tased and put in the
car? Is there any other information that you have that

24 25

you say Jake Lockert knew in his mind that you weren't there at the time of the beating and tasing?

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
72

1 2

A.

Radio you had the radio traffic, the

complaint the complaint card from the incident.

3
4
5 6 7

Complaint card from the incident, you had the radio


traffic, had the video traffic.

Q.
A.

Anything else other than those things?


No.

Q.

What makes you think that Jake assuming

8
9 10

that you're accurate that you got there after the


beating, what grounds do you have that Jake Lockert

willfully and maliciously made any statements that you


were at the scene at the time of the beating?
MR. DAVIDSON: Object to the form.

11
12

13 14 15 16
17

THE WITNESS:
John.

Say that again.

I'm sorry,

MR. GRIFFITH:

That's fine.

I may need

some help from the court reporter.

Can you read that

back for me, Roxann?

Just listen to her question.

18
19

(Whereupon, the requested portion of the record was read back by the court reporter.)
THE WITNESS:
BY MR. GRIFFITH:

20
21 22
23 24

That I was at the scene?

Q.

Yes.

A.

Say

do it

Q.

I'll do it.

Let me

what information do

25

you have that Jake Lockert knew

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
73

jipn.

A.

Okay, I'm with you.

2 3
4

Q.

that you didn't come up here didn't

get to the scene till after the beating and that he

willfully willfully and maliciously says that you did


in said that about you? A. He posted it. I mean, he posted it on

6
7

he posted it on Facebook.
information do I have?

He posted it other places.

Now, my understanding is that you're asking me what

9
10
11

Q.
A.

Uh-huh (affirmative).
That

12 13
14

Q.

That he lied, that he was being

intentionally dishonest when he put that?


A. Q.
this cell

I don't Okay.

I guess none. Now, let's talk about

15

All right.

16
17 18

MR. DAVIDSON:
of the question.

I want to object to the form

19
20

MR. GRIFFITH:

You can object to the form.

THE WITNESS:

Also that it requires him

21
22
23 24

also that it requires him to come to a legal conclusion.


MR. GRIFFITH:
BY MR. GRIFFITH:

Okay.

Q.

Now, this cell incident that you had, when

25

did you go into the cell of Darrin Ring?

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
74

MR. DAVIDSON:

Let me also object to the

2
3 4 5

form of relevance in this case.


the complaint.

That's not been pled in

MR. GRIFFITH:

Well, he testified to it,

Counselor, so I'm going to ask him all about it.


BY MR. GRIFFITH:

6
7

Q.

Tell me what

did you go into Darrin

Ring's cell that evening?

A.

I'm going to refer to counsel on any

10
11

questions that you have regarding that.


Q. Okay. All right. That's fine. You

12 13 14 15 16
17

remember earlier that we went over two reasons for which

you're basing your complaint on; correct?


remember that?

Do you

A.

And they were?

Go ahead.

Q.

Well, I wrote them down, you correct me if

I'm wrong.

The first one was misrepresentations that

18 19 20 21
22
23

you were at the scene at the time of the tasing and

beating intentionally
were there.

intentionally stating that you

A.

Okay.

Q.

And No. 2, that you were in the cell and

took inappropriate actions in the cell where Darrin Ring


was after this beating. A. Do you remember that?

24 25

Yeah, but that's not part of the complaint.

Reporter:

Roxann Harkins, RPR,

CRR, LCR
75

Q.

Okay.

You're not going to ask a jury to

2
3 4 5

award you damages for that, then, are you?


A. I think the misrepresentation goes back to

just the original complaint that was filed.


Q. Okay. All right. Just so I'm clear as we

6
7

sit here today as I'm taking your deposition under oath, if we go to trial, you're not going to claim that your
professional reputation has been damages damaged or
harmed because of any allegations Jake Lockert made

8 9
10 11

about you taking inappropriate actions in a jail cell


with Darrin Ring?
MR. DAVIDSON: Wait. Let me enter an

12 13 14 15
16
17

objection on the grounds

your question

you're

asking him to
conclusion there.

you're asking him to make a legal


The complaint speaks for itself.
Okay.

MR. GRIFFITH:
BY MR. GRIFFITH:

18 19
20

Q.

With your attorney telling you how to

answer that, I want you to go ahead and answer the


question, please, sir.

21 22
23

A.

I'm going to go

I want to reply

want to depend on this complaint


Q. Okay.

24 25

A.

on what my...

Q.

And, Sheriff, the reason I'm asking you

Reporter:

Roxann Harkins, RPR,

CRR,

LCR
76

that is because

your attorney can tell you this

2
3 4
5

you can amend the complaint to change it, and that's one
of the reasons that we have these face-to-face meetings so that I can talk to you about it.
A. Absolutely.

6 7
8
9

Q.

And when I talked to you about it, you

talked about all the items in the complaint, which we've


gone over largely.
A. That's true.

10

Q.

And then you mentioned another thing.

And

11 12

so I just want to know conclusion.

I'm not asking you for a legal Do you think

I just want to ask you this:

13
14
15

your reputation's been hurt by Jake Lockert saying


anything or publishing anything or putting anything on
Facebook or any statements to anybody whatsoever about

16
17
18

inappropriate actions you took in a jail cell?


MR. DAVIDSON:
form of that too

I'm going to object to the

19
20
21 BY MR.

MR. GRIFFITH:
MR.
GRIFFITH:

Okay.
based on relevance.

DAVIDSON:

22

Q.

You don't have to answer.

I just

now's

23
24
25

my time to know.

And if you don't, then we'll just ask


I just

the Court to dismiss any claims on that ground.


want to know.

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

MR. DAVIDSON:

Wait.

Again, I'm going to

object to the form of the question.


BY MR. GRIFFITH:

3 4 5 6
7 8 9

Q.

Are you going to

are you making any

claims that Jake Lockert A. Not at this time.

Q.

Okay.

Let me just finish it, Sheriff, if

you don't mind.


Lockert made

Are you making any claims that Jake


hurt your reputation professionally

10
11 12 13 14 15

because of inappropriate actions you took, allegedly, in


a jail cell with Darrin Ring?
A. Not at this time.

Q.

Okay.

Thank you, sir.

I'll move on.

Sheriff, in your complaint you have asked for damages.


You've asked for money to be paid by Jake Lockert;
correct?

16
17

A.

Which?

18 19 20 21 22
23

Q.

It's under page 2, paragraph 2.

A.

Compensatory damages in an amount that will

compensate him for the damages he has suffered.

Q.

Okay.

And I imagine when you go to trial

in this case before a jury of 12 peers in Humphreys

County, you're going to tell them how you've been

24
25

harmed, I would suspect that you've got


that, wouldn't you?

you will do

Reporter:

Roxann Harkins, RPR, CRR, LCR

78

jP^n

A.

Say that again.

Q.

Well, when we go to trial in this case,

3
4
5

what are you going to tell the jury that how you've
been harmed?
harmed?

How are you going to tell them you've been

A.

How he's

how his actions have been

7
8

malicious and that, that what he's done is not


what he has said and how he's done and how he's

or

9
10
11
12
13

portrayed it is
Q. Okay.

is not the truth.


Do you know how much you're going to

be asking for?
A. I retain like to reserve that to speak

with counsel about that.

14
15
16

Q.

Okay.

You hadn't thought about that before

today, really, have you?


A. No.

17

Q.

Okay.

Tell us in your life, as you live

18
19
20
21

it, how you've been harmed.

How do you know that this

has harmed you, anything that Jake Lockert allegedly


said, how has it harmed your reputation?
A. How has it harmed?

22

Q.

Yes,

sir.

23
24

A.

It's portrayed me as, in his words, a

jackboot thug.

25

Q.

Okay.

Where has he

where has he

has

Reporter:

Roxann Harkins, RPR, CRR, LCR

79

yfP^N

1 2 3
4

he said that before?


A. He has.

Q.

Okay.

All right.

Well, has anybody, to

your knowledge, said that that's harmed your reputation


or do you have anybody that says that's harmed your
reputation?

5 6 7 8
9

A.
Q.

Yeah, it's put it all in a bad light.


Who is who has said that? Is there

anybody that is there anybody that's said that


about that Jake Lockert has hurt your reputation or

10

11 12
13 14

brought it to your attention?


A.
Q.

Yeah, absolutely.
Who?

A.

Members of law enforcement officers have.

15 16
17

Q.
A.
Different

Guys you

that work for you?

No, not necessarily that work for me.


different areas, different departments.

18
19

You know, what's his problem, what's his deal, why is he

saying this?
Q.

And, yeah, it's put me in a bad light.


Do you have any witnesses that you plan on

20
21

calling that are going to substantiate your claims that


your reputation's been damaged?
MR. DAVIDSON:
BY MR. GRIFFITH:

22
23

Object to the form.

24

25

Q.

You can answer.

Reporter:

Roxann Harkins, RPR, CRR, LCR

80

A.
possible.

I'd like to reserve that with counsel, if

2
3 4
5

Q.

Okay.

Well, can you name one person?

Let's just start with one person who's a witness that

your reputation's been harmed. I want to make a list.


Who is that?

6
7

A.

I reserve the right to seek counsel or

8
9

talk with counsel on that.

Q.

Okay.

All right.

Hmmm.

Well, you know,

10 11 12
/fpP^v

this is not a criminal trial


A. I understand that.

Q>

__ sheriff, and you really don't have the

13 14 15 16
17

right to not answer my question. So I'm not asking I'm asking for witnesses. I'm not asking for anything
that would lead to any criminal conviction.
agree with me on that?

Would you

A.

I'd just like to reserve the right to talk

18 19 20

with counsel about it.

Q.

Okay.

I'm going to ask you one more time

under oath and I want you to look at that camera

21
22
23

well, you don't have to look at the camera, I just want you to tell me one person that's going to be a witness
for you in this in your claims for damages.
MR. DAVIDSON:
It's an improper question.

24
j0te\

Let me object to the form.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

81

/!fpN,

1
2

MR. GRIFFITH:
MR. DAVIDSON:

Why?
Because Counsel well knows

3 4 5 6

that we don't have to produce a witness list for trial until prior to trial. MR. GRIFFITH: discovery, Counselor. You've got to cooperate in

7 8 9
10
11

MR. DAVIDSON:

Well, we are cooperating.

Are you asking him to identify everybody that got a copy of this e-mail across the Internet?
knowing that.
BY MR. GRIFFITH:

He has no way of

12

Q.

I want to know people that you know that

13 14

say your reputation has been harmed, Sheriff. you've got 10 waiting at the bit.

I'm sure

I just need to know

15
16

who they are.

And I'll start with one.

And can you

tell me your answer, please?

17
18

A.

I'd just like to reserve the right to

counsel on that.

19

Q.

Okay.

All right.

Let me ask you, what

20

in the community, what

what type of civic groups are

21
22
23

you involved in?


A.
in?

Rotary, things like that, Elks, what?

Civic, well, I mean, am I directly involved


I mean

I mean, as far as being a member of or

24

Q.

Directly involved?

25

A.

Do I help with the ballparks?

Yeah, I help

Reporter:

Roxann Harkins, RPR, CRR, LCR

82

with the ballparks.

Do I help with sit on the board


I sit sit on the Masonic

with the senior citizens?


Lodge.

3
4 5 6

Q.
A.

Do you regularly attend Masonic meetings?


I do.

Q.
A.

How often are those?


Once a month.

8
9

Q.

Let's see.

Have you attended any mental

healthcare facility in the last two years?


A. Have I attended?

10
11

Q.
that?
A.

Yeah, psychiatric, any type of thing like

12 13
14

No.

Q.
A.

No?
No.

15 16 17 18
19

Q.

Okay.

You haven't treated with any

provider for any mental duress or stress or anything


like that or

A.
issues.

Yeah, I've talked to my doctor about stress

20
21 22
23

Q.
A.

Okay.

That's your primary care doctor?

Correct.

Q.
A.

Okay.
Yeah.

Is that related to Jake Lockert?

24
25

Q.

Have you told your doctor it was because of

Reporter:

Roxann Harkins, RPR, CRR, LCR


83

/$p\

Jake Lockert?

A.

Just get tired of the lies.

3
4
5 6

Q.

Okay.

Well, what

so you've had

conversations with your doctor about Jake Lockert


causing stress in your life. A. Is that true or not true?

I've mentioned it, yeah.

7
8
9

Q.

Okay.

So if we order your records that you

would have some verification that you've


A. I don't know if she wrote down his name or

10

not.

I'll tell you that I've spoke to the doctor about

11
12
13

stuff he's been involved in, yeah.


Q.
in?

Stuff he said or stuff he's been involved

14
15

A.
Q.

Stuff that
Okay.

the totality of everything.

Would you agree that your life's

16
17

been stressful the last couple years, not just because


of Jake Lockert?

18
19 Mr.

A.
Griffith.

It's because of the whole situation,

20
21

Q.
Jake Lockert?

Would you agree it's not just because of

22
23 24
25 video?

A.

The fact that he's blown it up and done the

things that he's done has not helped any. Q. The fact that he went to media with the

Reporter:

Roxann Harkins, RPR, CRR, LCR

84

A.

The fact of the way he's done things and

handled things has been a great impact on it.


Q.
to you?

3 4
5 6 7

Okay.

And that's obviously been stressful

A.

Yeah, obviously.

Q.

Okay.

Did your doctor give you medication

because of your stress of this case?


A. We did. We did.

8 9
10

Q.

What type of medication?

A.
Xanax.

I know one was a generic

generic-type

11
12

Q.

Has that been a while that you've been

13
14
15

taking that or is that just a short-time thing?


A. I'm not on it every day. I mean, it's an

as-needed thing.

16
17

Q.

Okay.

Are you going to make claims for

medical expenses in this case due to seeing your doctor


for medication?
A. No.

18 19
20

Q.
A.

I'm sorry?
No.

21
22 23 24

Q.

Are you going to claim in this lawsuit that

you have mental stress for which you had to see the
doctor because of Jake Lockert?

25

A.

I'd like to talk to counsel about that,

Reporter:

Roxann Harkins, RPR, CRR, LCR

85

yeah.

2
3

Q.
A.

Okay.

So there's a question you might in

your mind; right?

It's yeah, the question's there.

5
6
7
8
9

Q.

All right.

And when you get your

medications for which you might or might not claim,


where do you get them filled?
prescriptions filled?
A. Most the time at Walmart.

Where do you get your

10
11
12

Q.

What other pharmacies do you use in

addition to Walmart?
A. CVS.

13
14

Q.

Okay.

Have you told me all the places

you've got prescriptions since January 27, 2011?

15
16 that.

A.

I may have used McEwen, McEwen Pharmacy on


I don't know if I used them for me or

I don't

17
18 19

for my children or not.


Q. A. Okay. I don't know, Mr. Griffith.

20
21
22
23

Q.

When you say Walmart, you mean the Waverly

Walmart or you mean any other Walmart?


A.
Q.

They would all show.


Walmart, okay.

24

A.

Yeah, they would all show.

25

Q.

Okay.

Have you

all right.

In our

Reporter:

Roxann Harkins, RPR, CRR, LCR


86

1 2 3
4

requests for production of documents, Sheriff, we asked

you to provide copies of all Facebook postings or other electronic media. And you posted one, something that I think this is a copy about
And I want to ask you
grand juror

Jake's allegedly posted.


this this one here.

5 6
7

and

that's about a grand juror sworn


statement, not sworn statement.
that posting that you claim has

Is there anything about


first of all, does

8
9

that posting list your name anywhere in it?


A. No.

10
11

Q.

Does that posting refer to you in any way

12 13
14

in your mind?
A. Does that posting what, now?

Q.

Does that posting injure your reputation in

15

any manner whatsoever?


A. No.

16
17

Q.

Is that posting relevant to any claims

18
19

you're making in this case?


A. Yeah, I think it's I think it's an

20 21
22
23 24 25

example of his reckless behavior.


Q. Okay. But it doesn't affect your

reputation directly, does it?


A. No.

Q.

Okay.

Or

okay.

A.

Is that yours or mine?

Reporter:

Roxann Harkins, RPR, CRR, LCR

87

Q.

That's yours.

Thank you.

Okay.

Are there

any other claims that you're making in this lawsuit that


we have not gone over today, Sheriff Davis?
A. I'm not aware of any.

3
4 5 6
7

Q.

Okay.

These allegations of you going in

Darrin Ring's cell the next day, you've admitted that.

You said you went in there.

Was it the next day or that

8
9
10
11

night or do you recall, after this incident of


January 27, '11?

A.
cell?

Say that again.

When did I go into his

12 13
14

Q.

Yes,

sir, after this arrest was made.

When

was the first time you went into his cell after this
arrest was made? A. After

15

16
17 18

Q. arrest.

The night of January 27, '11, was the I want to know what was the next time you went
Was it when you first took him in the

into his cell?

19 20
21 22
23

cell or was there sometime afterwards that you went into


his cell within the next 48 hours?

A. this?
being
Q.
A.

We

how many times are we going to cover I'm going to refer to counsel on that

I'm just

on any of that activity.


Why is that?
It's

24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

MR. DAVIDSON:

Just for my clarification so

I can make sure I can advise him correctly.


allegation in the ouster suit?
don't know. I don't know.

Is this an
I

3
4

I'm not aware of it.

5 6 7 8
9

MR. GRIFFITH:
knowledge.

Not that

not to my

MR. DAVIDSON: claiming that here.


MR. GRIFFITH:
MR. DAVIDSON:
part of this lawsuit, so.

Okay.

And we're not

You're not claiming it here?


We're not claiming that as

10
11

12
JPN

MR. GRIFFITH:

Well,

there's allegations

13
14

that he beat up Darrin Ring inside the cell.

And that's

why

and that would be in his professional capacity.

15 16 17 18 19
20
21

So that's why it's relevant to this case, and that's why


I want to ask him about it.
BY MR. GRIFFITH:

Q.

Now, if you need to take the fifth because

you're worried about some type of criminal

investigation, you can do that, but otherwise, this is a civil case and I'll respect whatever answer you give me. A. I'm going to we've been through that. I

22
23

mean, you and I have been through that not long ago, and

24

I'm just Q.

I'm going to refer to counsel on that. I don't think we went through that before.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR


89

1 2

We went about the other officers, the other city

officers going in the cell, but we didn't go about


over you you personally being in the cell.

3
4

A.

I'm going to refer to counsel on that.

Q.

Okay.

And just so I'm clear, I'm asking

6
7

you the question to talk about the next time you went in
the cell, and you're going to refuse to answer; correct?
MR. DAVIDSON: Wait a minute. Can I can

8 9 10
11

I consult with him about this?


MR. MR.
MR.

GRIFFITH DAVIDSON
GRIFFITH

Sure.
Not

12
13
14 15

Sure.

MR.

DAVIDSON

tell him what to answer,

but whether he should or should not answer. MR. GRIFFITH: Sure. That's fine.

16 17
18

MR. DAVIDSON: MR. GRIFFITH:


break?

Okay.

Can we ~

Yeah, you want to take a

19 20 21 22
23 24

MR. DAVIDSON:
a minute?

Can we go off the record for

MR.

GRIFFITH:

Yeah,

we'll take a break.

THE VIDEOGRAPHER:
11:40 a.m.

We're off the record at

(Whereupon, a break was taken from


11:40 a.m. to 11:46 a.m.)

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

90

1 2

THE VIDEOGRAPHER:
at 11 :46 a
BY MR
m.

We're back on the record

3
4

GRIFFITH:

Q.

Sheriff Davis, you've had an opportunity to


I'll move on if you still

5 6
7

speak with your counsel.


don't want

to answer the question.

I'll leave it up to

you,

sir.
MR.
MR.

8 9
10 11

DAVIDSON :
GRIFFITH

He will answer.

I'm sorry?
He will answer.

MR. MR.
BY MR.

DAVIDSON: GRIFFITH:

Okay.

12

GRIFFITH:

j0$*S

13
14

Q.

All right.

Sheriff, did you enter Darrin

Ring'j

cell.

at the Humphreys County jail facility any


'11?

15

time after
A.

January 27,

16
17 18

When you ask that question, I need to

clarify
Q.
A.

Yes,

sir.

19

a couple of things.

You're asking me if

20
21

I entered back into the cell? Q.


A.

Or entered the cell at any time.

22
23

I was involved in taking him to the cell.


Yes, sir.

Q.
A.

24 25

Okay.

I was involved in taking him to the


Yes, I did, the

cell.

Now,

did I go back to the cell?

Reporter:

Roxann Harkins, RPR, CRR, LCR


91

1 2

next morning after that I went back to the cell to check


on him.

3
4

Q.
A.

Okay.
And when we went back to the cell and I

5 6
7

checked on him, he told me that his shoulder was

hurting

I mean, that his

not his shoulder, but his

ribs were hurting.

And that's when I notified the jail

8 9 10
11
12

administrator to make arrangements to have him taken


back to Horizon Medical.

Q.
A.

Okay.
Not Horizon.

Q. A.

Baptist Three Rivers? Three Rivers, yeah.

13 14 15
16 17 18

Q.
at that time.

Yeah, I know.

Did you enter the cell alone

A.

I don't think I went into

completely

entered the cell.


deal.

Door popped, stuck my head in kind of

19 20
21

Q.

Did you have any physical contact with

Darrin Ring during that meeting the next morning?


A. No, sir.

22
23

Q.
A.

Okay.

Was he shackled still?


Griffith. I don't

I don't remember, Mr.

24
25

remember him being shackled.


the bunk.

I do remember him being on

Reporter:

Roxann Harkins, RPR, CRR, LCR


92

1 2

Q.

Okay.

Did you ever at any time in the

48 let me say 72 hours after this, did you ever have

3
4
5

any physical altercation with Darrin Ring where you went


and put hands on him in any manner whatsoever, to your
memory?

6
7

A.

After the initial night that we took him

into the cell?

8 9

Q. A.

Yes, sir. No, sir.

10

Q.

Okay.

All right.

And you were not

11
12

present

or were you present whenever Waverly officers

entered the cell and tased him?

13

A.

No, sir,

I was not.

14
15

Q.

Okay.

Thank you.

Couple more questions to

backtrack a little bit, and then I'll try to conclude

16
17

this, Sheriff.
and where

I asked you earlier about your income

sources from which you derive income, and

18
19
20
21

you said your only income is from the Humphreys County


Sheriff's Department; correct?
A.
have...

I don't

I don't know where else I would

22
23

Q.
A.

Okay.
No.

Do you get any pay from motocross?

24 25

Q.

Okay.

All right.

Have you ever gone to

Linden to play poker with any group of guys?

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2 3
4 5

A.

Linden?

Q.
A.

Linden.
No.

Q.
A.

Perry County, anywhere in Perry County?


No. No.

6 7 8
9

Q.

Okay.

All right.

After

I want to go

back to this Lem Palk incident one more time.

MR. DAVIDSON:

Can I ask a question?

I was

writing this down and I don't hear that well.

Is there

10
11 12

a spelling for that last name?


MR. MR. MR. GRIFFITH DAVIDSON GRIFFITH

P-a-l-k.

P-a-l-k, thank you.


Yeah. And first name is

13
14

L-e-m, is my understanding. THE WITNESS:


Lem.

15
16
17 18
BY MR.

It's Lemuel, but he goes by

MR.
GRIFFITH:

DAVIDSON:

Thanks.

19 20
21
22
23

Q.
Palk?

Do you still interact with Mr. Palk, Lem

A.

I've seen Mr. Lem on a couple occasions.

I've just

other than happening to be at the same


Bumped into him at the Irish picnic.

place, same time.

24

Q.

Okay.

After Ronnie Toungette discovered

25

what appeared to be potential stolen property on Lem

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

Palk's property, did you go with Mr. Toungette to

examine a white trailer with riding lawn mowers in


that property?
A. We went to

at

3
4

we went to the trailer, but I

5 6
7

don't remember the riding lawn mowers.


Q. Okay. Do you ever recall the trailer or

any mowers having their serial numbers removed in items that you investigated?
A.
don't I

8 9 10
11

That would have been left up to him.


don't I don't remember

I do remember

some mowers being involved, but I don't...


Q. You don't recall personally, to the best of

12

13
14

your recollection, ever reviewing a trailer or mowers


that serial numbers had been removed?

15 16
17

A.
there.

Now, we

we did go

we did go out

We looked at a trailer, we seized the trailer,

and if I'm not mistaken, the serial numbers from the

18 19 20
21

trailer were

I think were gone because I remember

having to get the State guy down here to look at it.


The lawn mowers, I remember something about a lawn mower

or something being stolen, but... Q.


A.

22
23 24

Okay.
Or being discussed. I don't I don't

remember that.

25

Q.

All right.

Do you remember anything about

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

the trailers coinciding with the description provided by


Alabama law enforcement? Does that ring a bell?

A.

I want to make sure I'm getting my

not

4
5
6
7

getting my cases mixed up.

I don't

there was a case

that we worked that was supposedly taken from a


construction site, the best I remember, but I don't
remember if it was Alabama or where. I don't remember

if this was

this was the trailer that that

for

9
10

some reason I thought this trailer had come from a


Lowe's.

11

Q.

Okay.

12

A.

Or something out of

somewhere.

Because

13 14
15 16

I remember tracking

I remember somehow tracking it,

and you can even track through the serial numbers on the
tires on these things. Q. Sheriff, to the best of your knowledge, did

17
18

Ronnie Toungette after this property was discovered on


Lem Palk's residence or property, did Ronnie Toungette

19

ever get on his phone to radio to call to have the

20
21
22
23
24

property taken to the sheriff's department as part his


investigation to recover what appeared to be stolen
property?
A.
We had to

I remember we took

we took the trailer.

we either had to unload it or there was

25

some stuff in it and we unloaded it or took it.

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

remember somehow or another it come to the sheriff's

department.

3
4

Q.

Did you ever stop him from making an

attempt to call to have the property brought in?


A. I don't I don't remember that.

5
6

Q.

Okay.

Did you ever tell Ronnie that you

would take over and that you would have Lem Palk bring

8 9

the property in to the sheriff's department himself?


A.
Mr. Griffith.

Mr. Griffith, I don't remember that,


I don't I don't know. I don't know

10
11

I remember us moving boxes and stuff out of it, around


in that trailer.

12 13 14 15 16
17 18

Q.

Did Lem Palk ever bring the property to the

sheriff's department, to your knowledge? A.


have...

I don't know what property that would

Q.

Okay.

All right.

Okay.

As you know,

Sheriff, there's been some allegations that you stopped

19

submitting R84 disposition cards.


that?

Are you aware of

20
21

A.

Yeah.

22
23 24 25

Q.

Tell me

tell me what your

do you have

a responsibility upon arrests or dispositions to submit


R84 cards? A. Correct.

Reporter:

Roxann Harkins, RPR, CRR, LCR

97

Q. A.

And did you stop doing that for any reason? I never gave the order to stop doing that.
that process had been stopped

2 3 4

That was actually

before I come in the office, my understanding of that

5 6
7

is.

And it goes back to some conversations between TBI,

secretaries and Ms. Elaine Schult's (phonetic) office

Choate's office doing that electronically.


give the order for them to be stopped? No.

Did I ever

9 10
11
12

Q.

Okay.

Do you have the responsibility that

you're supposed to do that by law?


A. Yes.

Q.

And has it been your practice that you

13
14

don't do that?

A.

No, we do that.

The minute that I found


it

15 16
17

out that it was


was done.

that it had not been done, we


It was done.

We do that.

We were not aware

that that procedure had not been done or had been stopped, and we got it fixed and got it done.

18

19 20
21

Q.

Okay.

What period of time


Do you know?

when did you

start doing that?

A.

Immediately after

immediately after that

22
23

come to light that there was a problem with it.


Q. Okay. Is Ronnie Toungette still an

24

employee of the Humphreys County Sheriff's Department?


A. Yes, a court officer.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

Q.
department?

Is he in good standing with your

2 3
4 5
6

A.

Court officer, yes, sir.

Q.

Is there any plans to eliminate his

position or terminate Ronnie Toungette as you sit here


today?

7 8 9
10

A.

Why would I?

Q.
A.

I don't
No.

I just want to know.

MR. GRIFFITH:

Okay.

I'm done.

I just

11 12 13
14
15

want to take a five-minute or couple-minute break and we

may be concluded.
now, Counsel?
MR.

Is there anything you'd like to ask

DAVIDSON:

You mean do I have any

follow-up questions?
MR. GRIFFITH: Yes, sir.

16 17 18 19 20
21

MR. DAVIDSON:

Yeah, but I want to make

sure you're finished with your examination first.


MR. GRIFFITH: Okay. Well, let me let's

take just a short break, then, be good.


THE VIDEOGRAPHER:
11:56.

We're off the record at

22
23

(Whereupon, a break was taken from


11:56 a.m. to 12:02 p.m.)

24 25

THE VIDEOGRAPHER:

We're back on the record

Reporter:

Roxann Harkins, RPR, CRR, LCR

99

j00\

at 12:02.

BY MR.

GRIFFITH:

Q.

Sheriff, I'm almost done.

Do you ever

retain things of value from the inmates and take them to

5
6

your personal residence such as paintings, sculptures,


things like that?

A.

Have I ever done what, now?

Q.

Obtained items of value or from inmates

or prisoners such as, like, paintings, sculptor

10
11

sculptures or anything like that and use it for your


personal residence?

12
J^V

A.

A painting, a sculpture.

I mean,

13
14

there's one of the inmates made me some bookends.


They're in my office.

15
16
17

q.

Okay.

All right.

Anything else that you

can think of besides that?


A. I...

18

Q.

If you know.

19

a.

A more specific question

I'd have to

20
2i

have something more specific, Mr. Griffith, I don't...


Q. In addition to the four-wheelers that were

22

confiscated being used by you and your investigators at

23
24

their personal residence and your personal use, is it


ever used by any taken to any other residence such as

25

any other family members of yourself, like mother,


Reporter: Roxann Harkins, RPR, CRR, LCR

100

brothers or sisters or anything like that, that you've


taken four-wheelers to their residence, to your

2
3
4

knowledge, to the best of your knowledge?


A. Of mine?

5 6
7

Q.

Have you ever had four-wheelers that were

confiscated by the efforts of the Humphreys County

Sheriff's Department taken to your mother's house?


A. Not that I

8 9 10
11 12

Q.

Okay.

A.

Not that I remember.

Q.

Okay.

All right.

MR. GRIFFITH:
you very much.

That's all I have.

Thank

13 14 15 16
17

EXAMINATION

BY MR.

DAVIDSON:

Q.

Sheriff, I've got a couple follow-up

questions.

You were asked on direct examination

18 19 20 21

regarding whether you had had sex in your I believe


your your office in the courthouse with some woman.
And if I remember correctly, you referred that to your

counsel.

I never told you not to answer the question,

22
23

but my question to you, have you ever had sex with a


woman at your office or in the courthouse?
A. Not that I recall, Counsel.

24 25

Q.

You were also asked about your car use.

Reporter:

Roxann Harkins, RPR, CRR, LCR

1Q1

Let me ask you when your you asked about your

2 3
4

deputies too. When your deputies work an eight-hour


shift, is that correct, normally?
A. Yes, sir.

Q.

And do they when they're not working,

6
7

are do you ever allow them to work any extra jobs if


they get permission or anything like that?
A. Yes, sir.

9
10 11
12

Q.
A.

Okay.

And when they're working those extra

jobs, are they considered off duty?


Yes, sir.

Q.

Okay.

When you are when you are

13
14 15
16
17

working, do you have a regular eight-hour workday?


A. No, sir.

Q.

And do you work basically when you feel

that there's a need for you to do it?


A. Yes, sir.

18 19
20

Q.

And it could be at 12 o'clock at night or

it could be 8 o'clock in the morning?


A. Yes, sir.

21

Q.

Do you make the determination as to when

22
23
24

you'll go on duty and when you won't?


A. Yes, sir.

25

Q. But you're required to have an automobile 24 hours a day in case you are called; is that correct?
Reporter: Roxann Harkins, RPR, CRR, LCR 1Q2

J0^\

A.

Yes,

sir.

2 3
4

Q.

And so if if you have to go to Nashville

on some business, you have to take your automobile


because you're on call; is that correct?
A. Yes, sir.

6
7 8 9

Q.

And, in fact, in the

there was a

situation not too long ago where you had to go to

Clarksville once and you were not on, quote, duty, you

were being asked to do something by the federal


government; is that correct?
A.
Q.

10 11 12
/f$^N

Correct, yes, sir.


All right.

13 14 15 16 17
18

MR. DAVIDSON:
questions.

I don't have any further

MR. GRIFFITH: MR. DAVIDSON:


do you want to start?

I don't have anything else. Do you want to take lunch or

THE VIDEOGRAPHER:
at 12:07 p.m.

We're off of the record

19
20
21

(Whereupon, the deposition was concluded at


12:07 p.m.)

22
23
24

FURTHER THE DEPONENT SAITH NOT

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

103

STATE OF TENNESSEE ) ) s.s. COUNTY OF DAVIDSON )

3
4

I, Roxann Harkins, Notary Public and Licensed


Court Reporter for the State of Tennessee at Large,
DO HEREBY CERTIFY that the foregoing deposition

6
7

was taken at the time and place set forth in the caption

8 9

hereof; that the deponent therein was duly sworn on oath


or affirmed to testify the truth; that the proceedings

10
11

of said deposition were stenographically reported by me


in shorthand; and that the foregoing pages constitute a

12 13
14

true and correct transcription of said proceedings to


the best of my ability.
I FURTHER CERTIFY that I am not a relative

15
16
17

of, employee or attorney or counsel of any of the

parties hereto, nor do I have any interest in the


outcome or events of this action.

18

19

IN WITNESS WHEREOF, I have hereunto affixed my

20
21 22
23
24
/P^V

official signature this 20th day of August, 2012, at


Nashville, Tennessee.

Roxann Harkins, Notary Public


State of Tennessee at Large

LCR#:

204

(Expires 6-30-2014)

25

My Commission Expires:

July 6, 2015

Reporter:

Roxann Harkins, RPR, CRR, LCR

104

IN

THE CIRCUIT COURT FOR HUMPHREYS COUNTY, TENNESSEE


AT WAVERLY

2
3 4
CHRIS5

DAVIS,

Plaintiff,
VS
JAKE

)
) No. 10134

5 6
7

LOCKERT,

Defendant.

8 9 10
11

12
/fpPN

DEPOSITION OF RONNIE TOUNGETTE

13
14

taken on behalf of the Defendant

15
16 17

August 17, 2012

18

19
20 21
22
23

BAIN, CLEETON, EVANS, HARKINS & RICHARDSON

An Association of Court Reporters


Suite 201 212 Third Avenue North

24
25

Nashville, Tennessee 37201 (615) 255-6425 Reported by: Roxann Harkins, RPR, CRR, LCR

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

APPEARANCES

For the Plaintiff:

PHILLIP L.

DAVIDSON

Attorney at Law
3
4 5

2400 Crestmoor Road Suite 107

Nashville, Tennessee 37215

6 7
8

For the Defendant:

JONATHAN L. GRIFFITH, ESQ.


Griffith & Roberts 213 Fifth Avenue North Suite 300

Nashville, Tennessee 37219

9 10
11

Also present:

Jake Lockert Chris Davis

12 13 14
15 16 17
INDEX

Examination by Mr. Griffith Examination by Mr. Davidson

4 101

18 19 20
21

EXHIBITS

No. 1.... Supplemental narrative report

66

22
23 24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

^gps

2 3
4

STIPULATIONS

The Deposition of RONNIE TOUNGETTE was


taken by counsel for the Defendant at the Law Office of

6
7

Charles N. Griffith, 415 West Main Street, Waverly,


Tennessee, at 2:00 p.m. on August 17, 2012, for all

8
9

purposes under the Tennessee Rules of Civil Procedure.

10
11

All formalities as to notice, caption, et cetera, are waived. All objections, except as to the

12
/ppfcv

13 14

form of the question, are reserved to the hearing.

15

It is agreed that Roxann Harkins, being a

16
17 18

Notary Public and Licensed Court Reporter in and for the


State of Tennessee, may swear the witness, and that the

reading and signing of the completed deposition by the


witness are waived.

19

20
21

22
23 24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

RONNIE TOUNGETTE

called as a witness, after having been first duly sworn,


testified as follows:
EXAMINATION

3
4
5

BY MR.

GRIFFITH:

6
7

Q.

State your name please, sir.

A.

Ronnie E. Toungette.

Last name is spelled

8
9

T-o-u-n-g-e-t-t-e.

Q.
A.
37185.

What is your address, sir?


114 Sutton Avenue, Waverly, Tennessee

10
11

12 13 14 15

Q.
A.

And your wife is Darlene?


Darlene, yes.

Q. A. in Waverly.

What is her position? Shefs a secretary for the DA's office here

16 17 18 19 20 21

Q.
Sheriff.
A. Q.

Okay.

Sheriff, do you

I still call you

You were sheriff here for how long?


26 years. Do you understand that I have subpoenaed

you here today to testify?


A.
Q.

22
23

Yes,
Okay.
MR.

sir.
And do you understand that Ifve
Let me while I'm here,

24
25

DAVIDSON:

let me enter an objection to the deposition.

Let me

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2 3

explain why, for the purpose of my objection.

He was

Sheriff Toungette was never listed in discovery as


someone who has knowledge of the facts of this case, and

4 5 6
7

so continue.

I'm sorry, go ahead.


MR. GRIFFITH: Okay. Well, we did advise

you we were planning on deposing him, but anyway, your


objection's noted.
BY MR. GRIFFITH:

8
9

Q.

Sheriff Toungette, you understand you're

10
11

under oath and obligated and sworn to tell the truth?


A. Yes.

12
13 14

Q.

Okay.

I want to ask you, when did you

resign from being sheriff or choose not to run again?


A. In spring of '06.

15

Q.

Okay.

And did you begin working at some under the new sheriff?
well,

16
17

point after that for


A. Yeah,

I left office August

18 19
20

actually September 1 and came back to work I believe it


was September 18 of '06.
Q. Okay.

21 22
23 24

A. Q.
A.
little.

I think I took off about 18 days. Why did you take off 18 days? To retire?

No, just kind of vacation, rest up a

25

Q.

Okay.

And get ready to go again.

And have

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

you worked continuously for the Sheriff's Department


since 2006?
A. Yes.

3
4

Q.

In the course of your work for the

5 6
7

Sheriff's Department, did you work as an investigator?


A.
Q.

Yes, for five years.


Okay. And in the course of your

investigation, did you have certain procedures that you


normally follow when investigating a case?
A. Yes.

9
10

11
12

Q. incident.
A.

Okay.

I want to ask you about the Lem Palk

Can I ask you about that?


Yes.

13 14

Q.

Okay.

Tell me how you first became

15
16
17

involved in an investigation regarding Lem Palk.


A. About the middle of October of 2006 I had

been working on a stolen four-wheeler case that had

18
19

happened in September of '06, and during that


investigation, trying to locate those two stolen

20 21
22
23 24

four-wheelers that were stolen in Humphreys County, I


developed information that concerned not Lem Palk, but

it concerned Scotty Palk during my investigation.


Q. And how did you discover that information

or what did you find?


A. I had I had arrested two boys from

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

Alabama, and they had

they had stolen two

2
3

four-wheelers in September from one of our citizens


here, Bobby Patrick. And I had arrested them and had

along with some other officers during my Sheriff's

5
6

Department investigation, we'd stumbled on a meth lab up


on Porch Reed Hill at Donna Johnson's house. And one of

the boys from Alabama was there, and we picked him up

8
9

that day and the other one that night.


And one of the boys from Alabama, Brian

10

Murphy, he decided to cooperate, and told me where the

11 12
#^

two four-wheelers were that I was looking for.

And then

that led into Scotty Palk's name being brought in.


Q. Did that suspect tell you that the
were at or near Scotty Palk's

13
14
15

four-wheelers that
residence?

16

A.

No, no, this

the two four-wheelers I

17 18
19

were looking for, Brian Murphy was the guy from Alabama, he had the four-wheelers in his hometown in Joplin,
Alabama.

20
21

Q.

Okay.

Well, how did Scotty Palk's name

why was it brought up?

22
23 24

A.

While

while we were talking, while I was

talking with Brian Murphy, of course, he admitted to having the two four-wheelers from Humphreys County and

25

he brought up Chris Herbison's name and Scotty Palk's

Reporter:

Roxann Harkins, RPR, CRR, LCR

Jp\

name.

And he told me that Scotty Palk had come over

that he would come up and visit

him and Chris

3
4

Herbison were friends, he would come up from Alabama and


visit and Scotty Palk had brought a stolen Honda he

5
6 7
8
9

called it a Gator, but I believe it was actually


proper name was a Honda Power Wagon, had brought it over to Donna Johnson's house a few weeks prior to that. He

thought maybe sometime latter part of September and had


sold this stolen Honda Gator to Chris Herbison for

10

$2000.

11 12

And then a few days later, Brian Murphy and Chris Herbison took the Honda Power Wagon, Gator down to

13
14
15
16
17 18

Joplin, Alabama, and sold it to one of Brian Murphy's


neighbors.
So I contacted Alabama, recovered our two
stolen four-wheelers, told the Alabama authorities about
the stolen Honda Gator. Told them I had no idea where Even

it was stolen from but told them where it was at.

19
20

had a receipt that Chris Herbison had gave the people in


Alabama when he sold it to them.

21
22
23

So the authorities in Alabama, they went to


the people's house, they cooperated, they recovered the
Honda Power Wagon. And I think maybe it was maybe a

24 25

day or so later he told me, Brian Murphy told me about was talking about Scotty Palk, said he had met

Reporter:

Roxann Harkins, RPR, CRR, LCR

Scotty through Chris Herbison and that Scotty Palk had been going all over Tennessee and Kentucky and had been

2 3
4

stealing utility box trailers like you haul motorcycles


in, had been stealing box utility trailers, four-wheelers, Honda Gators, riding mowers, just what
have you. And that he still had some of the stuff and

5
6

7 8 9 10 11
12

had it stored at his father's house, at Lem Palk's


house.

Q.

Okay.

A. Q.
A.

And that's when Lem's name come up in it. What did you do?
Well, I told Sheriff Chris Davis what I'd

13
14

stumbled upon.

And we were out at Cuba Landing, it was

on a Friday night.

Our night guys had caught two guys

15 16
17 18 19 20

with a bunch of anhydrous about a mile down the road


there on the lake.

And we were out there because the cleanup


crew, one of the guys on the cleanup crew had gotten

burnt by the anhydrous and we were out there working on


that. And while we was there close, I asked Sheriff

21
22
23 24 25

Chris Davis, could we ride over to Lem's and talk to him


and see about the stolen stuff.

Q.

And what was the response?

A.

He said okay, and we finished up and we

rode over to Lem's trailer there off Cuba Landing Road.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

And there was a white boxed-in utility trailer, new

2
3

John Deere riding mower and a new Cub Cadet riding


mower.

And Sheriff knocked on the door, and I

5
6 7

didn't know the lady.

I found out later it was Lem

Palk's wife, but Sheriff told her we was there and wanted to look at these items in his backyard in

8
9

their backyard.
stuff.

She said, go ahead, that's all Scotty's

And so we started looking at it and trying to

10
11
12
JP*K

see if we could see any serial numbers or what have you.


Q.
A.

And did you find any serial numbers?


No, I could see I could see right off on

13
14
15

the tongue of the trailer that you could see the two
holes where the serial plate had been removed and all of
the on the Cub Cadet and the John Deere mower, under

16
17
18

the seat all the stickers were removed where you would
find serial number and model number and all that stuff,
all that had been removed. And the lawn mowers were

19
20 21

new.

They had never been used.


Q. What does that indicate to you as an

investigator?

22
23

A.

Well, seeing the serial numbers removed, it


you know, about

kind of corroborated what I'd been told,

24
25

Scotty Palk, you know, taking stuff didn't belong to


him. So I felt like the best thing to do was try to

Reporter:

Roxann Harkins, RPR, CRR, LCR

10

bring the stuff into our office, to our garage where I


could crawl under it and go over it and maybe try to

3
4

locate, get them identified, maybe see where they was


stolen from.

5 6
7

Q.

Did you try to do that?

A.
called Lem.

Talked about it, and then Sheriff Davis


Lem Palk wasn't there. Sheriff Davis

8 9
10 11 12

called Lem Palk and told him that

you know, thought

we had a problem with a trailer and some lawn mowers


there.

And he told Sheriff Davis that he would

bring all the stuff

this was on Friday.

We was out

13
14

there on Friday evening.

He told Sheriff Davis that he

would bring everything into our office on the following


Monday morning.
Q. A. Okay. Is that normal procedure? You

15

16
17

Well, no, it's not normal procedure.

18 19
20
21

know, usually you'll

usually we would have called in

and had maybe one of the guards bring a trailer out or


something, try to load everything up and bring it in.
But, you know, he knew he knew Mr. Palk,

22
23

and Mr. Palk evidently was on the phone promising him he


would bring everything in. Because I think Mr. Palk

24
25

told him he had some personal items stored in the


trailer, and he needed time to get that out and that he

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

would bring it to us all on Monday I believe is how it


went.

3
4 5

Q.

Is there anything that prohibited

is

that something that you guys would have needed a warrant


for?

6 7

A.

Not as long as Mr. Palk was cooperating,


You know, he...

and at that time he seemed to be. Q. Okay.

8
9

A.

You know, I wouldn't

I wouldn't have

10
11

thought we'd needed one because we had permission to


look at the stuff. And, of course, once once we

12 13
14

could see the serial numbers had been removed, then that

gave us grounds to, you know, take it in and try to get


it identified, confirm that it was stolen and see, you
know, where it come from.

15
16 17

Q.

In your mind at that time on Friday after

you'd reviewed the serial numbers along with Sheriff


Davis, was there probable cause, in your mind, that
these goods were stolen?
A. I felt like if I felt like there was

18 19 20 21 22
23

plenty of probable cause to confirm that they was stolen


and felt like that evening you know, I felt like

Monday morning I'd be, you know, working on trying to


identify where they come from.

24 25

Q.

Okay.

Were you present when Sheriff Davis

Reporter:

Roxann Harkins, RPR, CRR, LCR

called Lem Palk or talked to him?

A.

We were out in the yard and he was talking

to him on his cell phone.

Now, I didn't

I didn't

follow him around and try to listen to his conversation,

5
6
7

but, you know, he basically told me what

you know,

what Lem was saying and what Lem was going to do, wanted
to do.

8
9 10 Friday?

Q.

Well, how did y'all leave the scene there

A.

Well, we

we left with that

11
12

understanding.
and

We left.

And then I went back over


I went back over

we were a little short of help.

13 14 15

and stayed with the anhydrous situation while the new cleanup guys come to clean up. So I was over there, I

think, till about 11:30 that Friday night.

16
17
18

Q.

Did you go make any trips back there to the

Palk residence?
A. No.

19
20

Q.

Okay.

And what happened?

Were you working

over the weekend or do you know?

21
22
23

A.
Q.
A.

No, I just worked that Friday night.


What happened next?
Well, I come in Monday and, of course, I

24
ijjfPN

waited around

waited around for Lem to bring the

25

stuff in.

He never did bring it in.

And then I

Reporter:

Roxann Harkins, RPR, CRR, LCR

13

1 2

reminded Sheriff Davis, I said, Lem hasn't brought the

stuff in yet.

And I said, I need to get

you know,

3
4
5

get on it, try to see where it's from.

And he said he

would call Lem and see what was going on, why he hadn't
brought it in.

6
7

Q.

On the Friday before, is it your

understanding that Sheriff Davis was aware that the


serial numbers were missing from these vehicles?
A. Yeah, I showed him. I showed him, you

8 9
10 11 12
j^P^V

know, where the stuff was gone off the...


Q.
A.

On Friday?
Yes, sir.

13
14
15

Q.
time?

Did he make any comments to you at that

A.

He said, well, that

you know, something

16
17

like, you know, that doesn't look good because you could
see where the serial plate had been removed off the

18 19 20
21

tongue of the trailer and then the stickers on the lawn


mower. He said, that doesn't look good, does it? And I

said, no.

I said, the only thing I know to do, we'll

just have to take them in, get them in our garage where
we can work on them, try to find out where they come
from.

22
23

24

Q.

Was it your intent or desire to bring the

25

lawn mowers and the trailer in on Friday, that same

Reporter:

Roxann Harkins, RPR, CRR, LCR

14

1 2

Friday?

A.

That was my original plans after I seen the

3
4 5

serial numbers gone.

Q.

Why didn't you do that?

A.

Well, you know, I respected his decision,

6
7

you know.

He had

he had, you know, he had talked to

the owner of the property and made an agreement with him


to bring it in, so I respected his decision and went on
and done what else I had to do.

9 10
11

Q. you.

What happened

tell me

I interrupted

What else happens on Monday? A. Well, anyway, I told him Lem hadn't showed

12 13
14

up and he said he was going to call Lem, see why he


hadn't brought them in, what was going on.
Lem never came.
Q.

And anyway,

15 16
17

And I think it was maybe that Friday

A week later?

A.

Yeah, that Friday I told him again, I

18
19

said

I said, Lem hadn't brought the stuff in.

He

said, well, I'm gonna see about it, see what's going on. Well, anyway, the following Monday after that I came
back into work on Monday, I started worrying about it. Q. So that's 10 days later now; is that right?

20
21

22
23 24 25

Or the following Monday? A. Q. Following Monday. Three days later?

Reporter:

Roxann Harkins, RPR, CRR, LCR

A.

Yeah.

Q.

So what did you do?

A.

Well, I really didn't know what to do.

4 5
6

didn't want to cause problems, but I felt like we needed to get the stuff in. I really didn't know what to do
You know, he was

about it and I'd waited a week.

supposed to bring it in on Monday and here I am seven

8
9

days later the following Monday and still don't have the
stuff.

10

So I was

I was disturbed over it,

11

bothered over it, and I

so I went over

at that

12

time Billy Miller was our assistant DA in Humphreys

13
14

County, and I went over and I talked with Billy Miller


about it.

15

I told him I didn't know

really know

16

what to do about it, had some concerns about it.

And he

17

said

he said, Ronnie, you've done all you can do.

18 19
20

Said, you know, really don't know what to tell you. Q. Do you know if Billy Miller ever brought it

to Dan Alsobrooks's attention?

21

A.

I don't know.

I told

well,

John

22

Etheridge was there, and I told John.

John was there,

23
24

you know, I told John what was going on.


I don't know what to do.

I said, John,
I need to

I said, I don't

25

get the stuff in, I just

I don't know what else to do

Reporter:

Roxann Harkins, RPR, CRR, LCR

vf^S

about it.

2
3
4 know.

Q.
A.

What

And what they done from there, I don't

Q.

What did John Etheridge respond to you when

6 7 8 9

you told him? A. I know that. bring it in. He said need to be brought in. And I said,

And I said, I thought Lem was going to

10

Q.

Have you ever brought other stolen items,

11
12

possible stolen items to Sheriff Davis's attention


before in the course of your work as an investigator for

13
14

the Humphreys County Sheriff's Department?


A. Yeah, we've recovered a ton of stuff, you

15 16
17

know, over the last five years. Q. And in those cases do you recall any other

case where Sheriff Davis has waited 10 days before even

18
19

thinking about acting on something like that?


A. I can't think of any, any times.

20
21

Q.

Do you know of any relationship between Lem

Palk and Sheriff Davis?

22
23

A.

Well,

I knew there was

I knew that Lem

Palk and Sheriff Davis, I knew they were, you know,

24
25

personal friends.
Q. What

I knew that.

And I respected that.

after three days, why didn't you

Reporter:

Roxann Harkins, RPR, CRR, LCR

17

1
2 3

just go out there and seize the equipment yourself?


A. Well, I just I didn't feel well, I

after I went and talked to Billy Miller and he didn't

4
5

have any suggestions for me, I really didn't know what


to do.

Q.

Gotcha.

A.

You know, I was

you know, it's a respect

8
9

thing, you know.

I don't want to

I didn't want to go

over the Sheriff's head.

I was trying to work with him.

10
11

And I knew

I knew that, you know, he was trying to

work with Lem on it, and that's why I was willing to go

12
13
14

along and letting him bring it in.

You know, I knew

I knew it was kind of a touchy situation.


Q. Did what's the next thing that

15
16 17

transpired between Lem Palk and/or Scotty Palk and the


Humphreys County Sheriff's Department? A. Well, a few months later, Sheriff Davis

18

hired Wesley Hagler from over at Waverly PD.

Wesley was

19
20
21

coming on board to be an investigator and work with me


and also head up our drug investigations.
First couple of days that Wesley came, one

22
23

of the days I took Wesley


vehicle.

I got Wesley in the

I said, Wesley, I need to take you out and

24
25

show you some people's house, tell you some things.


I drove Wesley out there.

So

And I can't remember exactly

Reporter:

Roxann Harkins, RPR, CRR, LCR


lo

when Wesley come over and went to work, but it was after that. And I showed Wesley, I said, Wesley, I said, see
I said, that's where Lem Palk

2 3
4

that trailer there?


lives.

And I was telling him about Lem Palk and

6
7

Scotty Palk.

And I said, you see that white box trailer


behind there? He said, yeah. I said,

there behind

that's stolen.

I said, I'm 99 percent sure it's stolen

9 10
11 12 13
14

because the serial plate was gone off of it.

And I was

telling him, you know, about the lawn mowers and stuff.
He was fixing to start they was talking

about forming a joint in-county drug task force.


said, this is a place you need to keep an eye on.

I
I

said, you know, I, you know, gather a lot of information


about the Palks, and I said if you're coming on board,

15 16 17
18
19

you need to
on.

this is a place y'all need to concentrate

And then I guess it was probably a year

after all this happened, maybe October, around October

20
21

of '07 Wesley and Tony Anne, which they were the in-county drug team, they went out to Lem's and, of

22
23 24 25

course, Wesley already had knowledge about the trailer.


They did a search warrant out there on a

drug raid, and while they was there, they went ahead and
seized the trailer and brought it in to the jail, but

Reporter:

Roxann Harkins, RPR, CRR, LCR


iy

JS**\

the lawn mowers were gone.

Q.

Okay.

Do you have any idea how long after

3 4
5

this drug raid where the trailer was finally seized how many days after the day that you and Sheriff Davis
discovered the lawn mowers with the plates removed?

6
7

A.

Oh, this was

almost a year later.

It

was somewhere around

I think it was approximately a

8
9
10
11
12

year later, maybe October '07 when Tony Ahne and Wesley
went out on a drug raid and seized the trailer. I came

in to work on a Monday morning and the trailer was


setting there in our parking lot.
Q. Prior to that almost a year later, whenever

13
14
15 16

it was, do you have any indication from your standpoint


that Sheriff Davis ever took any actions whatsoever to
recover those stolen lawn mowers that you and he discovered that Friday?

17

A.

I don't know of anything that happened.

18
19

don't have any personal knowledge of anything.


MR. GRIFFITH: Okay. That's all the

20
21
22

questions I have.

Thank you, Sheriff.


EXAMINATION

BY MR.

DAVIDSON:

23

Q.

Sheriff, have you ever called people before

24
25

and told them to bring stuff in themselves to the


Sheriff's Department?

Reporter:

Roxann Harkins, RPR, CRR, LCR

20

A.

Yes,

sir.

Q.

Do you know whether or not the

are you

3
4

aware that the State Criminal Investigation Division


came out and looked at the trailer and those lawn
mowers?

5 6
7

A.

No, sir, I'm not

I'm not aware of it.

don't have any personal knowledge of it.


Q. And the last time you heard of this
five years?

8
9 10

incident was October of 2007,

A.

Yeah, I think

I think that's when I

11 12 13
14

noticed it setting on our parking lot.


MR. DAVIDSON:
MR. GRIFFITH:

No further questions.
Okay. That's all the

questions I have.

Thank you, sir.

15
16 17 18

(Whereupon, the deposition was concluded at


2:23 p.m.)
FURTHER THE DEPONENT SAITH NOT

19 20
21

22
23 24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

STATE OF TENNESSEE ) ) s.s. COUNTY OF DAVIDSON )

3
4
5

I, Roxann Harkins, Notary Public and Licensed


Court Reporter for the State of Tennessee at Large,
DO HEREBY CERTIFY that the foregoing deposition

6
7

was taken at the time and place set forth in the caption

8 9 10 11 12
J00^\

hereof; that the deponent therein was duly sworn on oath


or affirmed to testify the truth; that the proceedings

of said deposition were stenographically reported by me


in shorthand; and that the foregoing pages constitute a

true and correct transcription of said proceedings to


the best of my ability.
I FURTHER CERTIFY that I am not a relative

13
14 15

of, employee or attorney or counsel of any of the

16
17

parties hereto, nor do I have any interest in the


outcome or events of this action.

18

19 20
21

IN WITNESS WHEREOF, I have hereunto affixed my

official signature this 20th day of August, 2012, at


Nashville, Tennessee.

22

Roxann Harkins, Notary Public


23

State of Tennessee at Large

LCR#:

204

(Expires 6-30-2014)

24
25

My Commission Expires:

July 6, 2015

Reporter:

Roxann Harkins, RPR, CRR, LCR

22

IN THE CIRCUIT COURT FOR HUMPHREYS COUNTY,


AT WAVERLY

TENNESSEE

2 3
4

CHRIS DAVIS,

Plaintiff,
VS

5 6 7

No.

10134

JAKE LOCKERT,
Defendant.

8
9

10

11
12 DEPOSITION OF JAKE LOCKERT

13
14
15

taken on behalf of the Plaintiff

August 17, 2012

16
17

18 19
20

21 22
23

BAIN, CLEETON, EVANS, HARKINS & RICHARDSON


An Association of Court Reporters
Suite 201 212 Third Avenue North

24

Nashville, Tennessee 31201 (615) 255-6425

25

Reported by:

Roxann Harkins, RPR, CRR, LCR

Reporter:

Roxann Harkins, RPR, CRR, LCR

1
2

APPEARANCES

For the Plaintiff:

PHILLIP L.

DAVIDSON

Attorney at Law
3
4 5

2400 Crestmoor Road Suite 107

Nashville, Tennessee 37215

6
7

For the Defendant:

JONATHAN L. GRIFFITH, ESQ.


Griffith & Roberts 213 Fifth Avenue North Suite 300

8
9 10

Nashville, Tennessee 37219

11
12

Also present:

Chris Davis

13
14

INDEX

15

Examination by Mr. Davidson Examination by Mr. Griffith Further Examination by Mr. Davidson

4 31 31

16 17 18 19 20 21 22
23

EXHIBITS

No. 1....Facebook posting


No. 2....Defendantf s answers to interrogatories No. 3. ...Affidavit of John Etheridge

6
7 9

No. 4....Waverly Police Department video


No. 5....McCord video

15
15

No. 6....Tea Party video No. 7....Blank ouster petition, documentation No. 8. ...March 6 Facebook post

20 21 25

24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

2
3 4
5

STIPULATIONS

The Deposition of JAKE LOCKERT was taken by


counsel for the Plaintiff at the Law Office of Charles

6
7

N. Griffith, 415 West Main Street, Waverly, Tennessee,

at 1:06 p.m. on August 17, 2012, for all purposes under


the Tennessee Rules of Civil Procedure.

9
10
11

All formalities as to notice, caption,

12
13

et cetera, are waived.

All objections, except as to the

form of the question, are reserved to the hearing.

14 15 16
17 18

It is agreed that Roxann Harkins, being a

Notary Public and Licensed Court Reporter in and for the


State of Tennessee, may swear the witness, and that the

reading and signing of the completed deposition by the


witness are waived.

19 20 21
22
23 24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

JAKE LOCKERT

2
3 4 5

called as a witness, after having been first duly sworn,


testified as follows:
EXAMINATION

BY MR.

DAVIDSON:

6
7

Q.
record.

Sir, would you state your name for the

8 9 10 11
12

A.
Q.
A.

William Bradley Jake Lockert.


Mr. Lockert

The Third.

Q.
A.

I?m sorry.

What do you do for a living?

District public defender for the 23rd

13
14

judicial district.

Q.
position?
A.

And how long have you been in that

15

16
17

Since 1998.

Q.
A.

Okay.

Before that, what did you do?

18 19 20
21

In September of 1996 I became an assistant

district attorney and served in that capacity until


1998.

Q.

We1re here today about a lawsuit that my

22
23

client's filed against you regarding defamation in a


false light. I'm sure you've had a chance to review

24
25

that complaint; is that correct?


A. That's correct.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

1 2

Q.

So the questions I'm going to ask you today

primarily have to do with that.

First of all, do you

3
4

understand what the allegation is against you?


A. Yes.

Q.
A.

Okay.

And what is that?

6
7

That I made a statement or a posting in

regard to the sheriff being at the scene of the Darrin


Ring beating, that he was present and took no action to
intervene or stop the beating or the tasing taking
place, essentially.

8 9 10
11

Q.

Now

now, what

if the sheriff, in

12 13
14

fact, was there and did not stop his officers from
beating this man, would that have would that have

violated any laws that you're aware of?


A. In my opinion, yes.

15 16
17
18

Q.
A.

Okay.

And what would those laws have been?

Been violation of laws in regard to civil

rights of Darrin Ring, also in regard to criminal


statutes, if he's there and does not stop his officers

19 20

from committing aggravated assault on Darrin Ring.


Q. Now, the allegations that we find are

21 22
23

attached as an exhibit to the complaint.

And I'm going

to pass you a copy of this.

And it's

this is a copy

24
25

of Exhibit A to the complaint.


A. Let me

Did you post this?

is it the whole thing?

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2

Q.

This is the whole thing.

A.

All right.

(Witness reading document.)

3
4

I'm sure I did.

I mean, I don't have independent

recollection, but I'm confident I did.


name.

It's under my

5
6 7

MR. GRIFFITH:

Let's make this Exhibit 1.

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

8 9 10
11

1.)

Q.

Now, the part that we're concerned with

here at this stage is found at No. A of Exhibit 1.


A. Okay.

12
13 14

Q.

It says that he failed

he being the

sheriff, failed to perform his duties by standing by and

15
16
17

allowing officers to beat Darrin Ring while said Darrin Ring was handcuffed and stripped naked. Not only did he

stand by and watch the severe beating, he defended it.


Now, as you said, that
him of criminal conduct; correct?

18 19 20 21 22
23

basically accused

A.

It doesn't say that he committed conduct

criminal conduct, I don't believe.

Q.
Exhibit 1.

Well, let's go down a little further in


Look under 6A. It says that the sheriff did

24
25

violate the following laws and others to be set out in an amended petition after federal indictments are

Reporter:

Roxann Harkins, RPR, CRR, LCR

returned against him.


misconduct is in

Sheriff Davis committed

is in beating the handcuffed and

3
4

helpless Darrin Ring in the jail cell and allowing him


to be beaten at the scene of his false arrest.
A. Yes.

5 6
7

Q.

Criminal conduct

criminal because his

conduct amounted to aggravated assault, attempted murder, false arrest and kidnapping and et cetera.
A. Yes.

8
9 10
11

Q.

Now, after we filed this lawsuit against

you, we sent you a set of discovery responses.

Let me

12 13
14 15 16
17

pass you that and see if you


A. Yes, I do.

if you recognize those.

Q.

Is that your signature at the end under

oath, having sworn to these answers?


A. Yes.

MR. Exhibit No. 2.

DAVIDSON:

Let's make that

18

19 20
21 22
23

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

2.)

Q.

In Exhibit No. 2

MR. DAVIDSON:

Do you have a copy of these

24 25

or you want to make a copy? MR. GRIFFITH: I've got a copy somewhere.

Reporter:

Roxann Harkins, RPR, CRR, LCR

BY MR.

DAVIDSON:

Q.

Mr. Lockert, on page 3


MR. DAVIDSON: Why don't we make a copy of

3
4

these real quick.


MR. GRIFFITH: Yeah.

5
6 7

MR.

DAVIDSON:

That would be the easiest

way to do it.
(Whereupon, a break was taken from
1:13 p.m. to 1:16 p.m.)
BY MR. DAVIDSON:

8 9 10
11 12

Q.
A.

Turn to page 3, please, of Exhibit No. 2.


Okay.

13
14 15

Q.

I asked you, state all facts from which you

relied to make the statement found in paragraph 7 of the

complaint. complaint

Now, just for the record, paragraph 7 of the well, I think it's mistyped there. It's

16
17

not paragraph 7.
original says 2.

Should be paragraph 2.

I think my

18 19
20 21

And you state in there


to her so she can

let me give this

you state that I relied on the fact

that a District Attorney General's investigator told me

22
23 24 25

that Chris Davis was present at the scene of the Darrin


Ring beating. John Etheridge advised me of the same.

Mr. Etheridge also advised me that Sheriff Davis was


there but not in front of the cameras.

Reporter:

Roxann Harkins, RPR, CRR, LCR

Now, have you seen the affidavit that Mr. Etheridge has provided in this case?
A.
says.

2
3
4

I've seen it or I've been told what it

5 6
7 8 9

Q.

Well, let me pass it to you.

A.

All right.

(Witness reading document.)

Yes, I have seen it.


MR.
Exhibit No. 3.

DAVIDSON:

Let's make this

10
11

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

3.)

12 13
14

Q.

Now, this affidavit, sworn under oath, he

says, I have reviewed Jake Lockert's response to Chris


Davis's Interrogatory No. 3. I did not tell Mr. Lockert

15

16
17

that Sheriff Davis was present during the beating of

Darrin Ring.

I did not tell Mr. Lockert that Sheriff

18
19 20 21

Davis was present during the beating of Darrin Ring but


not on camera.

Where did you get the information for your

response to Interrogatory No. 3 regarding what I

22
23

regarding whether the sheriff was there at the time that


Darrin Ring was beaten?

24

A.

John Etheridge did, in fact, tell me that

25

Sheriff Davis was at the scene of the Darrin Ring

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2
3 4

beating.

Q.

So he's not telling the truth?

A.

Well, I don't think he denies that he said


I don't

he was there at the scene of the beating.


believe he denies that.

5
6
7

Q.

Well, you would agree that the affidavit

speaks for itself.


right?
A. Yes.

Whatever it says is what it says;

9 10
11

Q.

He said, I did not tell Mr. Lockert Sheriff

Davis was present during the beating of Darrin Ring.

12
13
14

did not tell Mr. Lockert that Sheriff Davis was present

during the beating of Darrin Ring but not on camera. And what you state is that District

15

Attorney Etheridge told me that Chris Davis was present


at the scene of Darrin Ring's beating.
advised me of the same.

16 17
18

John Etheridge

Mr. Etheridge also advised me

Davis was there but not in front of the cameras.

19

I don't see how you can say that he's

20 21 22
23 24 25

denying what you write in your interrogatories.


tell me why you think it's not a denial?

Can you

A.

My statement says that he advised me that


His

he was at the scene but not in front of cameras.

affidavit does not deny that he was at the scene and not
in front of cameras. In fact, he knows he was at the

Reporter:

Roxann Harkins, RPR, CRR, LCR

10

scene.

2 3
4

Q.
the same.
A.

Well, it says John Etheridge advised me of

Yes

5
6 7

Q.
A.

Mr. Etheridge advised me.


Exactly.

Q.

So you think there's a difference between

8
9 10
11

somebody advising you and somebody telling you?


what you're saying?
A. No.

Is that

Q.

Okay.

12

A.

I'm saying he told me that the Sheriff was

13
14

at the scene of the Darrin Ring beating, but he was not


on camera.

15
16
17

Q.

And here in his affidavit here, he says, I I did

did not tell Mr. Lockert that Davis was present.

tell Mr. Davis was present at the beating but not on


camera.

18
19 20
21

A.

He says that he did not say he was present

during the beating.

He does not say he was not at the

scene, and he would not say that.

22
23

Q.

Now, at what point did you receive


You were the defense

first

of all, let's establish this.

24

attorney for Darrin Ring; correct?


A. I and one of my assistants, yes.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

11

1
2
3

Q.

Okay.

And Darrin Ring was arrested on

this incident happened on January 27, 2011; correct?


A. I

Q.

Somewhere around that time?

5
6

A.

Yeah, I don't know my personal knowledge,

but it was very early.

7
8
9
10

Q.

And then you became involved in this case

in July of 2007 (sic)?


A.
Q.

Me personally?
Yeah.

11

A.

Or my office?

12
jpsx

Q.

Or your office.

13
14
15
16

A.

I think my office would have been involved

considerably earlier than that in lower court, because I


think this was on affidavit of complaint as opposed to
indictment or presentment.

17
18

Q.

When did you personally start becoming

involved in this case?

19

A.

I'm going to estimate in June Assistant

20

Dawn Kavanagh came to me with discovery which included

21
22
23

reports and the video.

Advised me that something had to

be done about this, and I told her I would handle it.


Because she was working down here and I didn't want her

24 25

to

having just started out down here to have to take

the brunt of any negative reaction for exposing what had

Reporter:

Roxann Harkins, RPR, CRR, LCR

12

happened.

2
3

Q.

What videos did you review?

A.
McCord video.

Only had one video.

I think it was the

The same video that was shown on

5 6
7 8

Channel 4.

And we never received the other videos in

discovery.

I did not learn of other videos until I had

talked to Mr. Griffith and was advised that the City had

provided some videos, I think, to him in a civil case,


but I've not seen those.

9 10
11

Q. City

You've never seen the videos from the

Waverly Police Department?

12
j^i^v

A.

The only video that I've seen is the one

13
14 15

video that was provided in discovery, and my


recollection, that was Deputy McCord's video.

Q.
the
A.

You mean discovery in this case or in

16

17 18 19
20

In the criminal case.

Q.
A.

Okay.

Where we represented Mr. Ring.

We had

asked for discovery, and we were not given the other


videos.

21 22
23

Q.

Well, at some point did you

so it's your

testimony today you've never seen the video from the

24
25

Waverly Police Department; is that right?


A. I've never seen any of the other videos.

Reporter:

Roxann Harkins, RPR, CRR, LCR

13

1 2

Q.

Okay.

A.
the fact.

Was not aware of other videos until after

3 4 5 6
7

MR. DAVIDSON:

Well, let's make an exhibit,

there's two videos here.


both of these to you.

Counsel, I believe I provided

MR. GRIFFITH:

You know,

it said that you

8 9
10 11 12

would provide them, but we didn't receive any CDs.


didn't get anything. It says CDs attached or a CD.

I
I

think you put singular CD, but I

honestly I've not

seen any videos that have


any discovery.

or DVDs that have come with

13
14 15

MR. DAVIDSON:

Do you have any

well,

I've sent them, but I don't mind giving them to you

again.

Do you have any video capability here in the

16 17
18
19

office today?

MR. GRIFFITH:
That's all I've got.

I don't.

I've got an iPad.

MR. DAVIDSON:

Okay.

Let's make the

20 21
22
23

Waverly Police Department video Exhibit No. 4.


MR.
MR.

GRIFFITH:
DAVIDSON:

Is that McCord's video?


I'm not sure.

MR.
MR.

DAVIS:

That's Waverly PD.


Yeah. And this is the

24 25

DAVIDSON:

McCord video, let's make that No.

Exhibit No.

Reporter:

Roxann Harkins, RPR, CRR, LCR

MR. DAVIS:
want me to.

I can have them copied if y'all

2
3
4

MR. GRIFFITH:
MR.
the exhibit is.

Yeah, I'd like you to.


Exhibit No. 5. Or whatever

DAVIDSON:

5
6
7

(Whereupon, the above-mentioned documents


were marked as Exhibits Nos. 4 and 5.)

8
9

MR. DAVIS:
copied?
MR.

Do you want me to have those

10
11

DAVIDSON:

Can we release them to him

to have them copied and then you can

12 13
14

MR. GRIFFITH:

Sure.

And you can just

what do you want to do with the originals?


just give them back to Roxann or
MR. DAVIDSON:

You want to

15 16 17
18
19

You can give them back

this is going to be my deposition, so they're exhibits


to this deposition. They actually belong to her now
Okay.

MR. GRIFFITH:

MR. DAVIDSON:

and I can just take these

20
21

and have the sheriff make copies for them.

MR. DAVIS:

I'll try to get them to run by

22
23

while we're here and bring them back.


MR. GRIFFITH:
Thanks.

Okay.

That'd be great.

24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

15

1 2

BY MR.

DAVIDSON:

Q.

When did you obtain the complete report

3
4

from the file of the criminal case?

A.
officers?

You mean the various reports from the

6
7

Q.

Yes.

To prepare your defense of this

gentleman.
A.

8 9
10

It was not complete discovery, but as far

as the McCord video and Officer Hedge's report, I would


have first seen those sometime in June.

11
12

Q.

Of 2011?

A.

Yeah.

I don't know when they were received

13 14
15 16
17

by my assistant.
Q.
A.

Okay.
It would have been sometime after Darrin

Ring's case came out of the grand jury.


Q. Do you remember what do you remember
Do you

18
19

about the McCord video?

That's Exhibit No. 5.

remember at any point in that seeing the sheriff in that


video?

20
21

A.

Do not remember seeing or hearing the

22
23

sheriff in that video.

Q.

Okay.

And when you answered this discovery

24
#**"-

request, which is Exhibit No. 2, why didn't you put in


there that you were relying, in part, on your statement

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

16

made in Exhibit No. 1 based upon a police report?

A.

The police report and the video, I assumed

everyone was aware of that.

I should have put

4
5
6

guess I should have put the blatantly obvious in there,


but, yeah, I had the video, the police reports.
had the video enhanced in regard to the audio.

I even

7 8 9

Q.

Well, did the video that you had enhanced

show the sheriff standing around while this gentleman was being struck or kicked or beat?

10
11 12
J^'

A.

No, the video simply showed me that the

sheriff took no action, either physically or verbally to stop what was taking place.

13
14

Q.

Well, did the video show you the sheriff

was on the scene?

15
16 scene.

A.

The video did not show that he was on the

17
18

Q.
A.

Then how did you know he was on the scene?


I'd been told by a district attorney's

19 20
21

office criminal investigator, which I did not solicit, he just came up to me and told me that.
Q. Who was that?

22

A.

That was John Etheridge.

He also told

23
24
/0^'-

another attorney, Mike Patrick, that he was there.

Mike

had advised me that John Etheridge had told him that.

25

Q.

Oh, so Mike Patrick told you that John

Reporter:

Roxann Harkins, RPR, CRR, LCR

17

Etheridge had told him that?

2 3
4

A.

Yes.

And the report of

I believe it was

Deputy Hedge, when I read that, it was clear that the


sheriff had arrived and was present when both Taser

5 6
7

strikes or whatever you call them were being

administered to my client.

And also he was present when

kicks to the ribs were being administered to my client.


And based on the fact that the officer's

8 9 10
11

report indicated he was there and the fact that the


video showed he did not say or do anything to stop it,
then that led me to believe he took no action to put a

12 13
14
15

stop to it as the chief law enforcement officer.


Q.
there?

Did you interview the officers who were

A.

The

16 17 18
19

Q.
A.

The officers who were there at the scene.


That's...

MR. GRIFFITH:
can go ahead and answer. THE WITNESS:

Object to the form.

But you

20 21 22
23

I don't recall interviewing

the officers.

I read their reports.

I talked to their

lawyers to see if they would be allowed it give


statements or talk, and they advised they would not.
BY MR. DAVIDSON:

24
25

Q.

Did any of their lawyers indicate to you

Reporter:

Roxann Harkins, RPR, CRR, LCR

18

1 2 3 4 5

that the sheriff was there at the scene?

A.

No, I didn't ask.

Q.

Now, Exhibit No. 1 had to have been created


you know, there's an ouster
You're aware of that; right?
I don't know when it was I

after the ouster suit


suit that's been filed.
A. There is.

6
7

don't know when it was filed, but if the date of the

8 9 10
11

ouster suit is prior to the date of the posting, then,


yes, you're right.
Q. Well, it says, in response to our

objective, ha, ha, DA's ouster petition being untrue in


part, I would add the following comments to the petition
filed by Mike Patrick and other good citizens.
A. Then it would have either been filed or I

12 13
14 15

would have seen it prior to that.

16
17 18

Q.
filed?

Weren't you present at the time suit was

A.
Q. A.

Yes, but I don't recall the date.


Okay. Yeah, I was at the courthouse.

19 20
21

Q.

Now, you spoke at a May 29, 2012, you spoke

22
23 24

at a Tea Party meeting; is that correct?


A.
I

I did speak at a Tea Party meeting, and

and I assume that date's correct.

25

Q.

Okay.

This is a video that we received of

Reporter:

Roxann Harkins, RPR, CRR, LCR

this Tea Party meeting, probably need to make

I want

2
3

to make that the next exhibit.


a copy of that too.

And if you can make him

4
5 before?

MR. GRIFFITH:

Was that provided to us

MR. DAVIDSON:

Should have been.

I sent

all those CDs in.

I don't know why you didn't get them.

8
9
10

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

6.)

11
12
.jfjPN

Q.
suit?

What was your involvement in the ouster

13

A.

JP Bradley and Mike Patrick in court one

14
15

day asked me if the DA was going to file an ouster, and


I told them I was confident he would not. They said

16 17
18 19

something was going to have to be done.

I explained to

them the gist of the ouster law in regard to citizen


relaters filing an ouster, and they stated that one or both of them were going to do that.

20
21

I found a form petition for ouster online.


Mike asked me Mike Patrick asked me if I'd ever seen

22 23

one.

I told him that I had not,

and I forwarded the

form that I assume he used as a template for the ouster

24
25

petition.

I also provided information to him based on

my interviews with various witnesses.

Reporter:

Roxann Harkins, RPR, CRR, LCR

20

Q.

I'm going to show you a document here and

2
3 4
5

ask you if this is if you recognize this document.


Have you ever seen that document? A.
Q.

I just got it.


Sure, I'm sorry.

Let me look.

A.

(Witness reading document.)

Yes.

Q.

Did you prepare that?

A.

The petition I did not prepare.

That was

9
10
11
12

from a form petition.

The information in regard to what

laws that I felt appeared to have been violated and


based on facts that I had uncovered in my investigation,
yes.

13

MR. DAVIDSON:

Okay.

Let's make that the

14
15
16
17

next exhibit, please.

Let me get a clip here.

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

7.)

18
19 Mr.

Q.
Lockert.

Look at Exhibit No. 1, again, if you could,

20

A.

Okay.

21

Q.

I want to go over some stuff here to make

22
23

sure I understand where you got this.

You say in No. B

that Sheriff neglected his duty to obtain proper medical

24
25

treatment by taking him or having him transported to the


hospital room with no pants on.

Reporter:

Roxann Harkins, RPR, CRR, LCR

21

JPN

A.

Yes.

Q.

Okay.

So that Darrin Ring was too

3
4 5

embarrassed to go naked, thus denied proper medical


treatment? A. Yes.

6
7
8

Q.

Okay.

You got this information from Darrin

Ring and the jail staff that were present?


A. Jail staff. He said that he was brought in

9
10

naked and one of the jailers took a blanket to him so


that he could be covered up.

11
12
13

Q.
A.

Weren't they carrying him in a blanket?


She took a blanket to them. They wrapped

the blanket around him and carried him to the cell.

14 15
16

Q.

Okay.

Do you

did you talk to anybody at

the emergency room to see what happened when he was


brought there?

17

A.

I did not talk to anybody at the emergency

18

room.

I read reports, medical reports.

19

Q.

Did they tell you that when he was brought

20
21

there that he spit on the nurse and refused to


refused treatment?

22
23 evidence.

MR. GRIFFITH:

Objection, facts not in

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25

THE WITNESS:

No, no one told me that he

stood (sic) on a nurse and refused treatment.

J
Reporter: Roxann Harkins, RPR, CRR, LCR
22

BY MR.

DAVIDSON:

2
3 the ER?

Q.

But you looked at the medical reports from

A.

I don't

I say the ER.

It may have been

5
6
7

medical reports from the jail where they


took him.

where they

And I talked to a jailer who actually took

him to the ER and sat with him.

8
9
10

Q.

Do you know that it was the Sheriff that

asked for the blanket to be brought out?


A. I don't know that. I was not told that.

11

Q.

Now, who told you that the Sheriff took

12
/#^u-

part in beating him while his hands were cuffed at his


back, administering multiple kicks to his body?
A. An inmate whose last name was Barbee, I

13
14

15
16

want to say Larry or Steven Barbee; an inmate by the


name of McGowan, I think Chris McGowan; inmate by the

17 18
19

name of Hooper, I think John or JC Hooper. I'm missing a name of

And I know

I'm thinking there were four

different inmates who advised me that they were in a

20 21 22
23

cell across from the holding cell where Darrin was and observed the Sheriff administering knee strikes to Darrin Ring as he lay cuffed and shackled on a concrete
cot in the cell.

24
#*

One of those inmates advised he was so

25

upset he called his father.

I talked to his father.

He

Reporter:

Roxann Harkins, RPR, CRR, LCR

23

advised that this inmate had called him and advised him

2 3
4

that he needed to get help to the jail because the


Sheriff was kicking the guy in the cell.

Q.

Now, you were

you heard

you were here

5 6 7
8

during the Sheriff's deposition; correct?


A. Yes, I was.

Q.

And there was some mention of some

Sheriff was asked a question about a posting that you


made. Let me pass this to you here.
A. Yes.

9
10

11
12 13
14

Q.
A.

Did you make that posting?


I did.

Q.
juror?

How did you get a statement of a grand

15 16
17

A.

I had one or more people who relayed to me

that they had talked to a grand juror who had advised


that the district attorney had only offered to show the

18 19
20 21

video of Darrin Ring being beaten on a small laptop or a

tablet computer and had been advised that the video was
not very good quality and you really couldn't see
anything.

22
23 24

In conjunction with that, I knew from my

experience the way the grand jury was handled that it


was done in a manner to produce a no true bill.
received a call from Scott Couch with Fox 17 News

And I

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

24

1
2
3

advising me that the TBI were upset about the way the
district attorney had handled the grand jury and wanted
a story done.

Scott asked me if I would be able to get a

5
6 7

grand juror who would be willing to come forward and


make a statement on the news, either anonymously or otherwise. I advised him that grand jurors could not

testify in regard to what was testified to in grand

9
10
11
12
13

jury, but that I would see if I could find someone who


would give a statement in regard to the way the DA
handled the grand jury.
Q.
A.

Who would that have been?


Who would what have been?

14
15

Q.

Who would have given a statement as to how

the DA handled the grand jury?

16
17
18

A.

Well, any grand juror that was willing to

come forward at that time and make a statement to Scott


Couch.

19
20 next exhibit.

MR. DAVIDSON:

Okay.

Let's make this the

21
22
23

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

8.)

24
jP^N

Q.

Okay.

Where is the statement that the

25

grand juror made?

Reporter:

Roxann Harkins, RPR, CRR, LCR

25

A.

There is no written statement.

2
3

Q.
statement?

Who was the grand juror that made the

A.

I don't know the name of the grand juror.

5
6
7
8

The grand juror did not want their name used.


Q. Who was the person that told you a grand

juror had made the statement?


A. Would either have been Darrin Ring's

9
10
11

mother, Michelle McCarson, someone in the clerk's


office, someone with the City of New Johnsonville, and I
don't I really don't recall.

12
13

Q.
A.

Did you say Michelle Carson?


Michelle McCarson.

14

Q.

Who is she?

15
16

A.

She's a bonds lady, and I'm not sure what

else she does.

17
18

Q.
A.

And then somebody in the clerk's office?


Yeah, I'm saying it would have been one or

19

more of those.

I don't recall at this point who it was.

20 21
22
23

And they never gave me a name, just the verbal statement of what this grand juror had said.
Q. Okay. And something that important, you

don't remember who told you that?

24
J0^\ 25 answered.

MR. GRIFFITH:

Objection, asked and

Reporter:

Roxann Harkins, RPR, CRR, LCR

26

JPN

BY MR.

DAVIDSON:

Q.

Correct?

A.

No, I don't

I don't recall the name of

4
5 6 7
8
9

the person.

They contacted me simply to tell me this is


And then

something that you might want to look into.

shortly after I received the call from Scott Couch that the TBI was asking for a story on the way the grand jury
was handled. They were upset about it. So that made me

believe there was something to it.

10
11 that

Q.

Now, I want to go back to the

where is

where is that exhibit, first exhibit to Mr.

12 13 14
15

the Sheriff's deposition? second, if I could. this video.

I need to look at that for a I want to go back to

Thank you.

It's your testimony, I want to make sure I

understand today, that nobody from the TBI or any other

16
17 18 19
20

governmental agency provided your office with any video


from the Waverly Police Department? A. That is correct. The only video that I

received was in discovery from Lisa Dunnagan, who was at


that time the assistant district attorney.

21 22
23

MR. DAVIDSON: client just a second.


MR.

Okay.

Let me talk to my

Okay?
Sure.

GRIFFITH:

24
25

(Whereupon, a break was taken from


1:44 p.m. to 1:50 p.m.)

Reporter:

Roxann Harkins, RPR, CRR, LCR

27

i$pN

BY MR.

DAVIDSON:

2 3
4
5

Q.

I just have a few more questions.

Mr. Lockert, do you ever publish documents under the


website of Support Darrin Ring?
statements on that?

Did you ever make

6
7

A.
Q.

Did I make posts on it?


Yeah.

A.

I have posted on that site, but I have

9
10

nothing to do with that site, if that's what you're


asking.

11

Q.

Okay.

You never made any posts that you

12
j$pfc\

didn't put your name on, just basically made a post on


there?

13

14 15

A. Q.

Absolutely not. Okay.

Never.

16
17 name.

A.

I stand by everything I say and use my

18

Q.

I want to make sure I understand this

19

before we get out of here, that you're saying under oath

20
21
22

today that you never saw and have never seen the Waverly
PD camera cam of that night, recording?
A. I have not.

23
24

Q.
A.

Okay.
I have been told that some existed. I was

25

told that David Daniels with the City was very

Reporter:

Roxann Harkins, RPR, CRR, LCR

28

1
2 3 4

cooperative with Mr. Etheridge excuse me, with


Mr. Griffith and David Raybin and had forwarded some to
them.

But the only video that I have seen and the

5
6 7

only video that I had seen when I made these remarks or posts were the one video that I asked the Sheriff to
review and I asked John Lee Williams, the County

attorney to review to try to get them to take some type of disciplinary action against the officers.
only video I'd seen.

9 10
11 12

That's the

Q.
Pack

And you also have testified that David

not David Pack, but Mr. Patrick


A. Mike Patrick.

13
14

Q.

is an attorney, told you that

15 16
17

Mr. Etheridge told him that the Sheriff was there on the scene at the time the tasing and the beatings took
place?
A. He told me that the Sheriff that John

18 19 20
21

Etheridge had told him the Sheriff was at the scene of


the Darrin Ring beating and that he may have actually

walked across camera at one point in time on the video.


Q. That's what John Etheridge Mr. Patrick

22
23

said John Etheridge told him?


A. Yes.

24 25

Q.

Okay.

All right.

Well, when we get these

Reporter:

Roxann Harkins, RPR, CRR, LCR


29

1 2

videos run over to you, why don't you take a look at the
Waverly PD video.
A. Okay.

3
4 5

Q.

And when you have had a chance to view that


would you let your lawyer know

video, would you allow


it?
A. Yes.

6
7

8 9 10
11

MR. DAVIDSON:

Okay.

And would you let me

know when you've had a chance for him to review that


video?

MR.

GRIFFITH:

Yeah, but what's the

12 13
14 15

purpose?

MR. DAVIDSON: just an old man.

Well, just humor me.

I'm

I just want to kind of know when he's


may want to send you

ready, because I may want to ask

16
17

a written question about it, but I don't want to do that


if he hadn't seen the video.

18
19

MR. GRIFFITH:

Okay.

Yeah,

I'll be glad to

do it.

I just don't know what relevance it would have

20 21
22 23 24

to the allegations made in the complaint, but I'll do


it.

MR. DAVIDSON:

Yeah,

if you don't mind.

Okay.

All right.

I don't have any more questions.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2 3
4 5

EXAMINATION

BY MR.

GRIFFITH:

Q.

I just have one question.

Have you ever

made a statement about Sheriff Davis regarding the

Darrin Ring incident or any other incident that is


willfully false?

6
7 8

A.

No.

I carefully considered anything I

said.

The post that is the crux of the complaint was

based on a DA's office investigator telling me he was

10 11 12 13
14

present, based on the Sheriff himself telling me that he


was present, based on a deputy's report who showed him
present prior to tasing and leg strikes being administered, and my investigation as a whole including
talking to Darrin Ring who advised what Sheriff Davis
did to him.
MR.
you. FURTHER EXAMINATION BY MR. DAVIDSON:

15

16
17

GRIFFITH:

That's all

have.

Thank

18

19
20

Q.

Based on that I've got a couple follow-up

21
22 23 24 25

questions.

In looking at Exhibit No. 2 when I asked you

what you relied upon to make this statement, you don't


mention what Mr. Patrick told you in that, do you?

A.

No, because I can't tell you when


And I don't want to say it

Mr. Patrick told me that.

Reporter:

Roxann Harkins, RPR, CRR, LCR

was before I made that post or that statement or my

2 3
4

comments on the media if it wasn't before and I just


I don't recall.

MR. DAVIDSON:
MR. GRIFFITH:

Okay.

All right.

5
6
7

Nothing further for me.

(Whereupon, the deposition was concluded at


1:55 p.m.)
FURTHER THE DEPONENT SAITH NOT

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13
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16
17

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20
21 22
23

24

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

2 3
4 5 6

STATE OF TENNESSEE ) ) S.S. COUNTY OF DAVIDSON )

I, Roxann Harkins, Notary Public and Licensed


Court Reporter for the State of Tennessee at Large,
DO HEREBY CERTIFY that the foregoing deposition

was taken at the time and place set forth in the caption

8
9

hereof; that the deponent therein was duly sworn on oath


or affirmed to testify the truth; that the proceedings of said deposition were stenographically reported by me
in shorthand; and that the foregoing pages constitute a

10 11
12

true and correct transcription of said proceedings to


the best of my ability.
I FURTHER CERTIFY that I am not a relative

13
14
15

of, employee or attorney or counsel of any of the

16
17

parties hereto, nor do I have any interest in the


outcome or events of this action.

18 19
20
21 22
23

IN WITNESS WHEREOF, I have hereunto affixed my

official signature this 20th day of August, 2012, at


Nashville, Tennessee. Roxann Harkins, Notary Public State of Tennessee at Large

LCR#:
24
25

204

(Expires 6-30-2014)

My Commission Expires:

July 6, 2015

Reporter:

Roxann Harkins, RPR, CRR, LCR