Johntaborks

IN THE MATTER OF
State of Florida
vs
Gary M. Hilton
Transcript of Depostion of
John Tabor
Volume I
On September 24, 2010
_______________________________________
Reported by Kimberly A. Stewart
Certified Court Reporter
___________________________________________
DONOVAN REPORTING & VIDEO CONFERENCING

Certified Court Reporters
237 Roswell Street / Marietta, GA 30060
770.499.7499 800.547.1512
Book online at www.donovanreporting.com
IN THE CIRCUIT COURT OF THE

SECOND JUDICIAL CIRCUIT, IN
AND FOR LEON COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.
SPN: 197149
GARY MICHAEL HILTON,

Defendant.
- - Deposition of JOHN TABOR,
Taken by Maria Ines Suber,
Before Kimberly A. Stewart,
Certified Court Reporter,
At the City of Duluth Public Safety Building,
Duluth, Georgia,
On Friday, September 24, 2010,
Beginning at 1:22 p.m. & ending at 2:22 p.m.
- - -
Electronically signed by Kimberly Stewart (001-389-206-4070)
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John Tabor
State of Florida vs Gary M. Hilton
September 24, 2010
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APPEARANCES OF COUNSEL
For the Plaintiff:
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No Appearance
For the Defendant:
MARIA INES SUBER
Office of the Public Defender
Suite 401
Leon County Courthouse
301 South Monroe Street
Tallahassee, FL 32301
850.606.1000
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Donovan Reporting & Video Conferencing
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John Tabor
September 24, 2010
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INDEX TO PROCEEDINGS
EXAMINATION INDEX
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3
JOHN TABOR
Examination by Ms. Suber
Certificate Page
(End of Index)
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John Tabor
September 24, 2010
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September 24, 2010
1:22 p.m.
(Whereupon the reporter provided a written
disclosure to all counsel pursuant to OCGA
9-11-28.)
MS. SUBER:
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please.
JOHN TABOR,
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being first duly sworn, was examined and

testified as follows:
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EXAMINATION
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BY MS. SUBER:
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Would you swear him in,
Would you please tell us your name for
the record?
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John Tabor.
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Where are you employed?
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I'm self-employed.
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What do you do for a living?
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I'm a construction contractor.
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Are you also a licensed attorney in
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Georgia?
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No, I'm not.
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My name is Ines Suber.
I'm a
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court-appointed attorney, and I have been
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appointed by the court to represent Gary Hilton.
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John Tabor
September 24, 2010
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And the reason I'm here is because
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your name surfaced in some documents that the
State provided to me, and I wanted to ask you some
questions.
Do you know Gary Hilton?
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I know who he is.
How do you know him?
He worked for my company.
How long ago did he work for your
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company?
A
Do you recollect?
Off and on from somewhere around 1997
to maybe 2007.
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at that time?
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period?
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Yes, sir.
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Well, I had the same business.
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And what kind of business did you have
At what time?
That entire ten-year
It was
a construction contracting company.
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Did you employ Mr. Hilton?
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Yes.
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Could you tell me how is it that he
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got to be employed by you?

A
He applied for a telemarketing
position, and he was hired to perform that duty.
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John Tabor
September 24, 2010
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Q
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And when he came to you, how did he
appear to you at that time when you hired him?
In what context?
His demeanor.
I mean, was he
well-dressed, well-kept when he applied?
Looked like a normal person.
Just like a normal person.
Was he
living in the area, or do you know where he was
living at?
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I don't know where he was living.
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And did he have any family, or do you
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At that time or --
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Yes, at the time that you first --
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know?
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when you first hired him.
Because am I to assume
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that's that when you first met him?
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That's correct.
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Do you know if he had local family or
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where he was staying at the time?
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conversation.
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employment, and that was it.
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I don't recall having any such

When I met him, it was simply about
And what kind of job did he do with
He was a telemarketer.
you?
He worked on a
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John Tabor
September 24, 2010
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telephone.
Q
And you provided him with the
telephone for him to use?
At that time, yes.
Was that part of like to facilitate
his job with you?
Yes.
Did you know where he was living at
night or where he was residing?
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No.
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No.
Did you ever have any
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conversations with him as to his private life or
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anything like that?
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private life.
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No.
I wasn't interested in his
Did you know at the time, for example,
whether or not he lived in a storage building?

A
I just told you that I don't know
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anything about where he was staying at the time I
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hired him.
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Did you eventually find out where he
was staying?
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Not that I recall, no.
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So you have no recollection as to
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where he was actually residing when he first
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John Tabor
September 24, 2010
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started with you?
No.
Did he put any requirements on the --
for him to be able to work with you?

A
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And what kind of dog are we talking
about?
(Whereupon Ms. Lori entered the deposition
10
room.)
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(Whereupon off-the-record discussions
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ensued.)
MS. SUBER:
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Do you mind moving to the
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other room to see if the other lawyers are going
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to appear by phone?
THE WITNESS:
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I don't care.
I just
told you that I'll be leaving at 2:00.

MS. SUBER:
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Well, the depo didn't say
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any time, and I'm a court-appointed lawyer that
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has to -THE WITNESS:
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I don't care.
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noticed my wife to be here at 2:00.
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I'm concerned -MS. SUBER:
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think that's the only thing I can think of.
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He needed to keep his dog with him.
Okay.
You've
So as far as
Let's continue
because --
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John Tabor
September 24, 2010
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Q
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So the requirement was that he was --
that he should be able to keep his dog?

A
I remember him making that request.
And I didn't have any problem accommodating that,
yes.
Was he a dependable employee?
To the best of my recollection, yes.
And during the period of time that he
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worked with you, how many years?
You kept him for
like about ten years; right?
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period.
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I said off and on for about a ten-year
So the times that he was off, do you
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know where -- was that a vacation, or was he being
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paid as a regular employee, or what was the
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situation?
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I don't know where he would go when he
would leave.
Q
Did you ever pick him up in the woods
somewhere to help him out?

A
There was a time many years after he
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was first hired, and I can't tell you what year it
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was, but he called me and said that he had a
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broken down vehicle somewhere in the North Georgia
25
mountains and he needed help getting out.
So I
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John Tabor
September 24, 2010
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did help him get out, yes.

Q
But you don't recollect how long he
had worked for you when that occurred?

A
I would guess five years, four or
five, six years.

Q
It had been a while.
And during the time that he worked
with you, did you have any cause to alarm you that
he was a dangerous person that you had been
employing there or anything like that?
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No.
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Did he cause any problems with your
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other employees that you have?
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No, not really.
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Did you ever -- what do you mean not
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really?
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didn't talk, or did he get into arguments?
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Did he get along with them, or he just
I wasn't there to witness most of the
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activity that went on in that office, but over
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that period of time there were many people that
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worked there.
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particularly social and not necessarily wanting to
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interact with others.
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I just don't recall him being
I take it that your relationship with
him was just one of employer/employee?

A
Correct.
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John Tabor
September 24, 2010
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Q
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2
You never socialize or anything of
that nature?
Absolutely not.
I am aware of some of the conversation
that you had with the Georgia Bureau of
Investigation where there was some other
insinuations that were posed to you.
aware of that, indicating that you guys perhaps
had a different relationship other than
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employer/employee?
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questions?
Are you
Do you recollect those
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Questions from whom?
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From the Investigator Howard, with
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Special Agent Howard when he talked to you.
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Why don't you be specific.
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How many times have you talked to the
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police?
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I don't know.
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Could you give me an estimate of how
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Dozens.
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Dozens.
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I have no idea.
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They didn't ask you?
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Many times.
many?
Were they all tape-recorded?
They didn't say,
I'm going to record your conversations or anything
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John Tabor
September 24, 2010
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like that?
Maybe on some occasions.
Do you recollect them coming to you
and saying that Mr. Hilton was making some
accusations or some allegations that you guys were
more than just employer and employee?
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8
I remember them mentioning that at
some point.
Okay.
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I don't think they even thought it was
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credible, but they did mention that, yes.

Q
But you don't know, you have not seen
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any statements actually made by -- you have not
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heard Mr. Hilton actually saying that; right?
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Have you?
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I don't understand your question.
You're asking me, have I heard Hilton -Q
Yes.
Him actually saying those
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allegations that they were telling you with your
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own ears.
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My own ears from Hilton's voice?
How would that be possible?

Q
No.
He was incarcerated.
I was just asking because oftentimes
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when police, would you agree, the police might
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want to make allegations to try to get to
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John Tabor
September 24, 2010
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something else, that they are fishing around?
I'm not here to speculate.
Did you feel that way when they were
questioning you, though?
No.
Now, there was a time -- and I'm not
here to even touch upon that because I represent
Mr. Hilton.
I heard of that was when the GBI made the
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I'm court-appointed.
The first time
allegations in the statements.

A
The GBI made allegations?
What
allegations did the GBI make?

Q
Well, the GBI told you that Mr. Hilton
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said certain things, and that's the first time
15
that we have heard of that.
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touch upon that.
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told you, and we learned from them as well.
But I'm not here to
That is something that the GBI
Now, what I want to talk to you about,
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though, is that you appeared to have been an
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employer that really cared for Mr. Hilton's
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well-being.
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correct?
You help him work for ten years;
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Are you testifying --
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No.
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-- right now, or what is the question?
I'm asking.
Correct?
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John Tabor
September 24, 2010
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Q
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Were you an employee that helped
Mr. Hilton through the ten years or so that he --
I was not an employee.
Were you the employer that helped
Mr. Hilton as an employee through the ten years?
Did you help him?

A
He did his job.
mean by did I help him.
paid him, and that was it.
I don't know what you
He did his job, and I
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And you helped him get his vehicle.
11
I did offer him assistance on that one
12
occasion, yes.
Q
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And if he didn't have money, you will
advance money for him on occasion?

A
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He worked on commissions.
It wasn't
16
unusual for me to pay people, commissioned
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salespeople that worked for me in advance.
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was nothing unusual for me to do that for him or
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for anyone else.

Q
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That's what I wanted to
know.
Now, was there a time when Mr. Hilton
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Thank you.
That
started changing when he was employed with you?
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You need to be more specific.
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Was there a time when Mr. Hilton's
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John Tabor
September 24, 2010
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demeanor started to changing?

A
If you're referring to the period of
time that I've talked about repeatedly in the
press, the last year or so that he was working for
my company, yes.
that, yes.
Q
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8
Primarily that he had -- he just
Was it because -- was he sick, or what
excuse did he give you, or did he give you any?

A
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He gave excuses.
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illness.
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these are just his words.
He mentioned
He mentioned taking medications, but
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What change did you
simply wasn't doing his job as he had in the past.
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What did you see?
see in him?
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I've talked in some length about
Was there a period of time that he,
his behavior became like bizarre?

A
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Well, the one episode that I recall
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that I would consider bizarre is when he had
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informed me that he had extracted one of his own
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teeth.
22
see him showing where he had removed his tooth.
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And I thought his behavior was a bit bizarre at
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that time.
25
And I happened to be there physically to
Did you notice during that period of
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John Tabor
September 24, 2010
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time, and we're talking about one or two years,
that he was preoccupied with issues?

A
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I don't understand what you mean.
What issues?
Q
The world, the economy, the price of
gasoline, females, any issue in particular that he
was obsessing over?
No.
How would you describe his,
10
Mr. Hilton's, from what -- if you know,
11
relationship with his dog, Ranger?

A
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13
He seemed to care a great deal about
his dog.
Q
14
I notice that in some of the answers
15
that you gave to investigators when this case
16
first came up that you indicated that when the dog
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die, he -- Mr. Hilton went into a depression
18
episode.
A
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I don't remember using that exact
20
term, but I somewhat remember that he was upset
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about it.
Q
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Do you remember him telling you or
23
that he had -- where he had buried him and all
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that?
25
Yes, I do remember that.
I thought
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John Tabor
September 24, 2010
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that was a bit Strange, but he told me he had
buried the dog somewhere on the property of Stone
Mountain.
And there was a time, though, that you
allowed him to stay in your business because when
you closed your business it was abandoned and you
allowed him to stay there; is that correct?
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Well, you said a bunch of things.
never abandoned my business.
I simply wasn't
10
using that office as a telemarketing operation any
11
longer.
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very little time in that particular building.
And when I ceased doing that, I spent
It is a -- it is a home that is
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commercially zoned.
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agreement to let him stay on the property.
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However, since I wasn't there and rarely went
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there, I didn't object to him being on the
18
property simply because I thought it would be good
19
to help someone keep an eye on the place.
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And there was never a formal
Did you go into the property to see
what kind of personal belongings he kept there?

A
No, I never went to go see what
23
belongings he kept there.
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periodically, and other employees used the
25
property for equipment storage, trailer storage,
I still used the office
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John Tabor
September 24, 2010
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that type of thing.

Q
Was Mr. Hilton an individual that was
clean and kept himself clean at all times?

A
I didn't see him at all times.
can't answer that question.

Q
When you saw Mr. Hilton before the
period of one or two, or the last one or two
years, did you see Mr. Hilton as taking care of
himself and keeping himself clean at least, the
10
11
times that you saw him?

A
Nothing out of the ordinary.
He
12
was -- acted like a normal person, so I don't know
13
how else to answer your question.
14
The reason why I'm asking the question
15
is because it appears that you saw a change in
16
Mr. Hilton, the way that he was keeping himself.
17
Before, when he start -- was employed as when he
18
started one or two years before, did you notice
19
any change in the way he was keeping himself clean
20
shaven or anything that was different?
21
Not really, not other than what I told
22
you about.
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last several years.
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25
Q
business?
I rarely saw him in person for the
Did you ever go into your place, your

And I didn't say that you abandoned the
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John Tabor
September 24, 2010
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business.
I meant to say that it was not being
used for the business, so it was like empty, for
the lack of a better word.

Did you ever go and look and -- one
4
5
day and found there was a lot of filth, stuff,
stuff around?
Not particularly.
I mean, no, I don't
remember there being some episode where it was
suddenly filthy where before it had been clean.
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11
No, I don't.
Q
And the reason why is that's what some
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of the -- what I read in some of the reports was
13
that the place was so filthy with dog hair and
14
that you were even shocked.
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I think that is what I noticed more
after he had left as opposed to before.

Q
After he had left when?
During the
one or two the years of -- what period?

A
After he -- I guess this was the
20
summer of 2007, when he had threatened me and
21
basically parted ways.
22
remember going through the office and noticing the
23
outside area of the office was littered with
24
debris and was left in quite a mess.
25
It was after that that I
What happened between you and
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John Tabor
September 24, 2010
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Mr. Hilton that -- why is it that Mr. Hilton all
of a sudden started threatening you?
That's beyond my explanation.
I noticed that there was -- that he
was making some -- calling you and leaving voice
mails in your home.
we talking about?
your phone?
What kind of voice mails are

What messages was he leaving on
He left threatening voice mails
10
demanding money.
11
type of, type of messages.
12
13
And either I paid him or else
Were you aware that Mr. Hilton was
taking or had been prescribed Ritalin?
14
I believe he had told me that.
15
Did you notice any change in his
16
mental state after he told you that he was taking
17
Ritalin?
18
Here again, I can't pinpoint the time
19
where he first told me he was taking that
20
medication.
21
speaking to him during that period of time and
22
just noticing, just noticing rapid speech where he
23
sounded more excitable than normal.
24
I can think of.
25
But I do have some recollection of
So that's all
Was it during the same period of time
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John Tabor
September 24, 2010
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that he started like making threats and demanding
money from you?

A
I think it was sometime later.
Like I
said, I can't tell you when he started or when he
told me he started taking these drugs versus the
time he first started -- the time he threatened
me, but I would imagine that a year had gone by,
give or take.
10
And were you aware that the -- how
many milligrams of Ritalin he was taking?
11
I have no idea.
12
At one point you mentioned he was
13
taking over 100 milligrams to the police.
14
did you get that information from?
15
16
17
Where
That must have been something he told
And what other type of maybe weird or
me.
18
bizarre, other than threatening you and demanding
19
money from you, what other instance of bizarre
20
behavior do you know about him?
21
22
Nothing that I haven't already
mentioned.
23
Was he preoccupied with females?
24
Preoccupied with them?
25
No, I never
heard anything from him that would suggest he was
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John Tabor
September 24, 2010
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preoccupied with females, no.

Q
Did you ever hear him talking about
how females were like the end -- females were the
ones that brought the end of men and all that
stuff?
6
7
8
9
No.
I don't remember any conversation
about that.
Q
Do you remember during the time after
you started saying, that one or two years, in the
10
last one or two years he was changing, did you
11
have any conversations with him about the economy
12
or anything of that nature?
13
I don't recall.
I didn't speak to him
14
that much.
15
business-oriented.
16
things, but it wasn't as though I was carrying on
17
a conversation with him.
18
And, generally, when I did, it was

He would often ramble about
But you describe fast speech.
What
19
was he talking about on those times when he would
20
just call you and go fast?
21
subject --
What was the
22
Well --
23
-- matter?
24
-- normally, the only reason we would
25
have a conversation would be to discuss business,
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John Tabor
September 24, 2010
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what he's generated or what he's followed up with
and that type of thing.
nature of the call.
call simply to discuss the matters of the day
other than whatever business we needed to discuss.
So that would be the
There would never be a phone
And when I was talking about rambling
6
7
about things, that he would transition from
talking about business, in other words, justifying
the phone call and then he may go on and start
10
talking about something else.
11
Did you ever meet his mother?
12
No.
13
Did he ever say anything to you about
14
his mother or his childhood?

A
15
You know, over that ten-year period, I
16
have vague recollections that he -- I can't give
17
you any specific instances, but my recollection is
18
that he wasn't very happy or on good terms with
19
his mother and wasn't happy about his childhood,
20
but I can't give you any specifics.

Q
21
You also mentioned that there was one
22
time that Mr. Hilton become disillusioned, I
23
suppose, and that's my word, and that he had some
24
kind of like a list of people that he wanted to
25
kill?
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John Tabor
September 24, 2010
24
1
Oh, yeah.
Yeah.
I remember him
telling me that he had a list of people that he
wanted to kill or would kill before he was going
to kill himself or something.
And did he mention who were those
people?
specifically.
often had confrontations in public parks with
I -- no, I don't know any names

But what I remember is that he
10
other dog owners, who would approach his dog and
11
instigate some sort of confrontation.
12
apparently, the best of my recollection is it
13
related to those type of incidents.
14
And,
And, apparently, did he actually
15
threaten to kill you during that time that he --
16
I'm talking about that time where he called you
17
and was asking for money and you gave him a $2,500
18
check with a note.
19
I'm going to kill you if you don't give it to me
20
or something like that?
21
22
23
24
25
You know, did he actually say
He made that clear, yes.
Yes, he made
that clear.
Q
But he never made any attempts to do
it, or did he?

A
I don't know.
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John Tabor
September 24, 2010
25
1
He came and picked up the check?
There was an instance where he came to
pick up a check, yes.

Q
4
5
had listed as ransom?

A
6
7
10
11
There was a $2,500 check that I had
written ransom, yes, on the envelope.
8
9
And that was the $2,500 check that you
Why did you write the word ransom
Because I believe he was trying to
there?
extort money from me.
12
And what did he do with that check?
13
He tore that check up.
14
At your home?
15
Uh-huh (affirmative).
16
Was he ever allowed inside your
17
personal home?
18
No.
19
No.
There was some allegations that
20
there were some firearms that perhaps became
21
missing from your home or maybe your truck, and
22
that you -- there was some suggestions that you
23
maybe thought that he was the one that stole that?
24
I believe I made reference to that to
25
the GBI, yes.
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John Tabor
September 24, 2010
26
Q
1
2
But you don't know that he actually
took those guns or the firearms?
No, I don't know.
Did you ever see him with weapons?
Yeah.
I suppose you could call some
of the things I saw him with weapons.
I know he
typically carried a pepper spray.
some pellet guns that looked like semiautomatic
handguns.
I know he had
And I believe I saw him with a knife.
10
And he had the police batons that he always had
11
with him.
Q
12
13
why he saw it necessary to carry that?

A
14
15
Did you know or did he tell you ever
Yeah.
I believe he said he did it to
protect his dog from other dogs.

Q
16
Did you ever meet any of his wives, or
17
do you know whether or not he had been married
18
before?
19
I have no idea.
20
You mentioned a girl by the name of
21
Shaun.
Did you ever meet her?
22
No.
23
Did you ever meet -- you mentioned
24
that he had maybe a friend or an acquaintance by
25
the name of Goddard.
Did you ever meet him?
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John Tabor
September 24, 2010
27
1
G.O.D.D.A.R.D., did you ever meet him?
No.
No.
Were you aware that the doctor
that prescribed Ritalin to Mr. Hilton has been
disciplined because of the amount of medication?
The amount of milligrams that --
No.
And when Ms. Emerson disappeared and
I don't know anything about that.
he was being like a suspect and you saw him on,
10
either on TV or the paper and you started to make
11
contact with the police and all that and
12
eventually you talked to Mr. Hilton, what did
13
Mr. Hilton say to you and how did that happen?
14
15
You need to back up.
I don't
understand your question.
16
Remember when Ms. Emerson was missing?
17
Yes.
18
And Mr. Hilton became a suspect?
19
Well, yes, because I am the one who
20
instigated the process of naming him as a suspect.
21
So, yes, I remember that very well.
22
23
24
25
Yes, why did you instigate?
What made
you think it was him?

A
Because I heard the description of the
person of interest --
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John Tabor
September 24, 2010
28
1
Right.
-- that was last seen with
Ms. Emerson, and it was a combination of several
things.
which I had heard Hilton mention before.
the physical description.
appeared disheveled and 60.
vague physical descriptions of the person of
interest.
10
It was the location, Blood Mountain,

It was
It was a white man that

There was just some
And there was a mention that he had a
large dog with him.

And I think the thing that really
11
12
focused my attention to the news report was the
13
list of items they found near the Emerson vehicle
14
where they thought some sort of struggle had
15
ensued, and there was police baton.
16
of is what drove it home for me.
17
this sounds like Hilton.
18
duty to alert authorities to what I knew.

Q
19
And that kind
I thought, wow,
So I thought it was my
And did you have an opportunity to
20
call Mr. Hilton, or did he call you during that
21
period of time?
22
No.
I never called Hilton, no.
23
Did you talk to him prior to his
24
arrest, immediately prior to his arrest, on the
25
phone?
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John Tabor
September 24, 2010
29
A
Yes.
I talked to him.
I believe it
was that same afternoon that I had identified him
as a possible suspect, that very morning.
yes, I did receive a phone call.

Q
5
6
So,
And what was the conversation about?
What was he telling you, I mean?

A
He was telling me that he wanted to
come back to work.
He apologized for his threats
and bizarre behavior and said he needed money to
10
get started again and he was ready to get back to
11
work.
Q
12
13
That was essentially -Was he talking fast, and what was his
speech that day that you talked to him?

A
14
You know, it's hard for me to recall
15
that.
16
that he called shocking, so I think I was doing my
17
best just to retain my composure.
18
really focusing as much on his demeanor but
19
probably my own so as not to alert him because he
20
appeared not to know anything about the manhunt
21
that was underway for him.
22
I found the whole event and the whole fact
So I wasn't
But did he appear to be sincere in his
23
request to let me go back to work or -- and his, I
24
guess, remorse, my word, saying, I'm sorry for
25
what I did to you?
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John Tabor
September 24, 2010
30
1
2
3
4
5
I don't recall any reason to believe
one way or the other.

Q
Did you ask him where he was and what
he had been doing or anything like that?

A
Yes.
I did try to find out where he
was, but he wouldn't tell me.
couldn't.
could not give me a contact phone number but that
he would be back in touch.
10
He said he
He couldn't tell me where he was.
Did he still have your -- the cell
11
phone that was work, or had that already been
12
turned off that you had given him to use?
13
know when you turned it off.
14
I don't remember.
I don't
I don't remember if
15
it had been turned off at that point or not.
16
don't know.
17
18
19
He
And you talked only one time with him
prior to his being arrested or more than once?

A
He called twice.
It was basically the
20
same conversation, but there was a very bad
21
reception at the first call, so he hung up, then
22
called right back from another telephone.
23
So my -- I answered on my cell phone.
24
And it showed a phone number, but it wasn't one
25
that I recognized, so it wasn't from, you know,
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John Tabor
September 24, 2010
31
1
you're asking about the other cell phone.
not call from a recognizable number.

Q
3
4
I suppose he sounded
Was it bizarre to you that he would
call to apologize after what he had done?

A
9
10
Yeah, I suppose.
normal, uh-huh (affirmative).
7
8
But he appeared normal in his
conversations with you on the phone?
5
6
He did
Well, like I said, I found the whole
instance shocking.
Q
11
Were you shocked that Mr. Hilton was
12
actually being suspected of the murder and all
13
that?
14
Well, yeah, it was all very shocking.
15
He never gave you any indication that
16
he was violent during the period of time that he
17
worked with you; is that correct?
18
Not until he threatened to kill me.
19
And that was like the summer?
Like
20
that was September of 2007 maybe, or do you
21
recollect?
Do you remember the date?
22
I don't remember the date, no.
23
But it was 2007?
24
Yes.
25
And besides those two conversations
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John Tabor
September 24, 2010
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1
that you had prior to the arrest, have you had any
conversations, or have you -- has he called you,
or have you received anything from him?
No.
Did he have access to your truck where
the gun came -- or that gun that you had in your
truck that came missing that you didn't notice for
about six months and then all of a sudden you
said, oops, where's the gun?
10
Did he have access
to driving that?
11
No.
12
Did you ever see him going on a date,
13
for example, or talking about, I have a date and
14
I'm going -- did he ever say anything like that to
15
you?
A
16
No, not that I ever -- no.
And here
17
again, I wasn't interested in his personal life.
18
But, no, I never recall him mentioning any such
19
thing.
20
21
Other than the Ritalin, did he tell
you about what other medication he was taking?
22
No.
23
Does the name Effexor ring a bell?
24
I can't say for certain.
25
I can't say
for certain.
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John Tabor
September 24, 2010
33
Q
1
2
Did he ever said that he had muscular
dystrophy or --
He did, yes.
Did he say that it had been diagnosed
He did tell me that.
or that he had been diagnosed himself?

A
My recollection is that there was no
clinical diagnosis.
self-diagnosis.
Q
I seem to believe it was a
And when he started calling you -- by
10
the way, did you give the GBI or the police copies
11
of those voice messages that he left at your home?
12
13
14
15
He didn't leave any messages at my
The messages where they were
home.
threatening you, it was not --
16
That was my business phone number.
17
Did you give that to your business, I
18
19
mean, to the police, the recordings?

A
I let the Fulton County North Precinct
20
listen to those messages, when I reported his
21
threats to them.
22
23
Do you know whether or not they did a
recording of that?
24
I can't tell you.
25
And when you talked to the press,
I don't remember.
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John Tabor
September 24, 2010
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1
because you talked to the press, to CNN, you said
Mr. Hilton had turned belligerent.
mean "belligerent"?
What do you
At the time he was making his demands
for money, he wouldn't engage in a conversation.
He would -- I would answer the phone, and he would
start talking.
he finished saying whatever he wanted to say, and
then he would hang up or shout over me if I tried
10
And he wouldn't stop talking until
to respond.
11
Did you ever fire him from the job, or
12
he just left?
13
Well, since he worked as a
14
commissioned salesperson, there wasn't necessary
15
an act of saying, you're fired.
16
gotten to the point where he had become so
17
hostile, as I've described, and threatening that
18
it was pretty clear, I think, that there was not
19
going to be any further working relationship.
20
It had just
And the time that he came to pick up
21
the $2,500 ransom, how was he dressed?
22
recollect what his appearance was?

I don't remember.
Do you
23
24
dark or dusk.
25
don't remember anything out of the ordinary.
I think it was dark, so -- but I
If I recall, it was
He
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John Tabor
September 24, 2010
35
1
typically wore sports-type clothing, hiking or
jogging type of attire.
wearing something similar, but I don't recall
specifically what he was wearing, though.

Q
So I would imagine he was
But you had apprehension because you
told of the GBI that you went into your home and
you armed yourself.
Yes.
But you didn't engage in any
10
conversation with him at the time, or do you
11
remember if you guys talked --
12
No.
13
-- that day?
14
I don't believe there was any talking.
15
All I remember is being very sorry that I wasn't
16
armed at that particular moment.
17
thing in my mind was getting armed as quickly as I
18
could.
Q
19
20
And the only
And that's because of the threats that
he had made?
21
Correct.
22
And did he ever use other name except
23
24
25
Gary?
Would he ever use any other name?

A
Yes.
He used the name Mac.
And I
think that had more to do with doing telephone
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John Tabor
September 24, 2010
36
1
work.
thing where they had a nickname they would use.
But, yes, he often called himself Mac.
I know other telemarketers did that type of
Did he ever say, tell you that he
didn't like his name Gary and he was going to
start using Mac?
7
8
9
I don't remember any specific reason
why he called himself Mac.

Q
Did he ever have any friends that you
10
know of or anything like people that would hang
11
out, even with other people that you employed,
12
like socialize with or anything?
13
Like I said, I don't know of him
14
socializing with anyone other than what I've said
15
in the past.
16
like I said, I didn't keep track of his social
17
life, just -- I'm just recalling things he
18
mentioned to me.
19
The woman Shaun, that's it.
But,
And you said to the, I think to the
20
Atlanta Journal-Constitution that there was a time
21
that his behavior became increasingly aggressive
22
and erratic.
23
What do you mean by that?

Just what we've already been
24
discussing.
That would go back to the time where
25
he started demanding money that he wasn't owed and
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John Tabor
September 24, 2010
37
1
making threats.
Q
Has he been on that medication that he
told you, that Ritalin, when he pulled his teeth
or he told you that he had pulled his teeth?
I think so.
Was he doing drugs at the time that
you know of?
I don't know.
Did he smoke marijuana that you know
He said that he did.
10
11
12
of?
I don't have any
firsthand knowledge.
13
Do you know if he used alcohol?
14
I don't know.
15
In the times that you had contact, and
16
I believe that you said it was sometimes that
17
would you have contact when he was employed with
18
you, did you smell any alcohol on his breath or --
19
Not that I recall, no.
20
Don't recall.
Or make any cause for
21
you to think this guy's maybe high on drugs or
22
anything like that?
23
No.
24
Did you ever witness any
25
confrontations between Mr. Hilton and other
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John Tabor
September 24, 2010
38
1
people?
No.
Did he tell you about that he had been
in the military?
Yes.
I think, yes, uh-huh.
Did he show you his field maneuvers
and all that or attempted to show you some
maneuvers?
No.
10
There was a time when you went to pick
11
him up at the campsite because his van had broken
12
down and you went over there and he was practicing
13
with a pellet -- was it a pellet gun or some kind
14
of weapon?
15
A pellet or BB gun.
16
That didn't cause you any concern at
18
No.
19
Were you aware that he had made a
17
all?
20
movie called The Deadly -- or supposedly help made
21
a movie called The Deadly Run?
22
Don't know anything about that.
23
Did he ever mention to you during the
24
years that you were employed that he was famous
25
because he had made a movie?
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John Tabor
September 24, 2010
39
1
No.
And the vehicle that -- the last
vehicle that Mr. Hilton had that, the white van,
that was -- you bought him that vehicle, and you
were basically -- you still have the title to that
vehicle or not?
A
I have no idea where the title is,
but, yeah, I advanced him money to purchase it.
He wasn't the type of individual that could get a
10
loan.
11
well, so it was --
12
13
But I've done that for other employees as
And what you would do is advance him,
and then if they worked they would repay you?
14
Correct.
15
Do you know if he paid you that
16
17
completely for that vehicle?

A
No, because, like I said, at the time
18
he was demanding money, saying that I owed him
19
money, I think he was fully well-aware that he had
20
accrued moneys through the purchase of the van and
21
other advances to where he was way behind in his
22
commissions for what he had drawn.
23
arrears.
24
25
So he was in
And what would make him think that you
owe him money all of a sudden?
What would make
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John Tabor
September 24, 2010
40
1
him think that you have not paid him what he was
due?
I suppose only he knows that.
Do you think that that was some of the
erratic behavior and the change that you saw in
him during that period of time?

A
7
8
question.
Q
I'm not sure I understand your

Are you asking -Do you think that's part of the
10
right -- or the bizarre behavior that all of a
11
sudden after you advanced him so much money and
12
helped him that he would turn and alleging that
13
you owe him money when probably it was vice versa?

A
14
Well, yeah, I suppose I would have
15
considered that bizarre.
16
really believed that he believed it, so I don't
17
know.
Q
18
I wasn't sure whether I
Do you know if he was ever seen by a
19
mental health like a psychiatrist or anything like
20
that?
21
I don't know.
22
One of the detectives that when he
23
went to your house and listened to the voice
24
messages that he had, that he had left at your
25
business phone, said that -- called Hilton nuts,
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John Tabor
September 24, 2010
41
1
N.U.T.S.
Do you know what he was talking about
when he called him, Mr. Hilton, that?
No.
Was he saying that he was crazy or --
Well, you'd have to ask him.
6
7
I can't
testify to his state of mind.

Q
Do you remember who the person was
that came and listened to that, the name of the
officer?
10
No.
No.
They were -- I met, like I
11
said, quite a few officers, the GBI and the FBI.
12
And, no, I don't remember their names off the top
13
of my head.
14
Whenever Ranger died, and you said
15
that he was sad for a period of time or at least
16
you noticed that he was sad, do you know how long
17
it took him to endure that?
18
No.
19
Did he say anything to you about going
20
to a VA hospital or anything like that?
21
I have some vague recollection of him
22
stating that.
23
that was relating to his claim of having MS,
24
that -- yeah.
25
I do remember him saying something about
And I think that was -- I think
I can't remember any specifics, but
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John Tabor
September 24, 2010
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1
attempting to seek treatment at a VA hospital, but
that's about all I remember.
3
4
5
6
7
If you were to describe Mr. Hilton to
a person, how would you describe him?

A
Well, it depends on what, what point
in time I would be doing that.

Q
I want you to do it at the point in
time from the first time that you employed him to
like two years before he got -- he was arrested
10
11
for this offense in Georgia?

A
All right.
So if I would have to
12
describe him at the time I first employed him,
13
like I said, he seemed just like a normal person.

And now you're asking me to describe
14
15
16
him two years before what date?

Q
Before the time that he was arrested,
17
would you describe him as a normal person?
18
you also describe him as a reliable employee?
19
20
Would
I would -- I would have described him
as a loyal employee up until this time in 2007.
21
Okay.
22
Yeah.
23
Did he work hard?
24
He had worked hard, and he did his job
25
A hard worker?
well, uh-huh (affirmative).
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John Tabor
September 24, 2010
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1
2
3
And after the 2007 incident, how would
you describe him?

A
Well, 2007, there wasn't just one day
this happened.
months where his behavior just became more
bizarre, if you will.
7
8
9
There was a period of time and
So there was certainly a change in his
attitude and his behavior?

A
Yes.
But, like I said, I can't
10
pinpoint a day.
11
of months because, here again, I didn't see him.
12
I didn't see him in person, maybe not for months
13
at a time, so most of our conversation would be
14
via the telephone.
15
I can just tell you over a period
And here again, that wasn't on a daily
16
or not even a weekly basis.
17
you that through that period of 2007, maybe
18
starting in the spring or end of winter, I'm not
19
sure when, he just didn't seem to be doing his job
20
any longer and making excuses for why he wasn't
21
doing his job.
22
So I can just tell
And considering that he had been a
23
good employee for so, so long, I didn't
24
immediately become alarmed.
25
what he was telling me, that he had been ill and
I tended to believe
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John Tabor
September 24, 2010
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1
he wasn't feeling well and couldn't work for weeks
at a time, but, you know, he expected to be back
to work.
and until it got to the point where it became
threatening.
6
7
So that went on for a period of months
Has anyone sued you in relation with
the business when Mr. Hilton was your employee?
I don't understand your question.
Has anybody sued you as a result of
10
that business that you had during the period of
11
time that Mr. Hilton was employed with you?
12
13
How is that reasonably calculated to
lead to admissible evidence in this case?
14
I'm just asking.
15
You're asking about my personal -- my
16
17
business.
Q
I'm just asking because my question
18
was going to be whether or not Mr. Hilton was
19
involved in that lawsuit in any way.
20
21
22
There was a lawsuit, but Hilton had
nothing to do with the lawsuit.

Q
That's all I wanted to hear.
Okay.
23
Now, why, aside from the fact that he threatened
24
to kill you and all of that stuff, why did you go
25
to the press and to CNN?
And were they contacting
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John Tabor
September 24, 2010
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1
you, or were you contacting them?
They were contacting me relentlessly.
And you talked to the press several
More than several times.
4
5
times?
From the
moment I identified Hilton as the person of
interest and that was verified, my phone rang
constantly.
Is there anything that I have not
10
asked you that you might think is pertinent in
11
dealing with Mr. Hilton?

You met Mr. Hilton in a period of time
12
13
where I didn't have any contact with him, during
14
his work or anything.
15
have -- maybe perhaps you would like to add that
16
might assist in me finding out what type of
17
individual Mr. Hilton was?
18
No.
19
No.
Is there anything that I
Okay.
Well, I believe that those
20
are all the questions that I have.
21
appreciate you coming here to talk to me.
22
THE WITNESS:
23
MS. SUBER:
And I really
Okay.
Thanks.
24
(Whereupon off-the-record discussions
25
ensued.)
770.499.7499
8bdbaeb8-44d5-42d8-8f6a-0951b99f8571
John Tabor
September 24, 2010
46
1
(REPORTER'S NOTE:
Whereupon it was agreed
among counsel and the witness that the
witness's right to read and sign the
deposition would be waived.)
(Deposition adjourned, 2:22 p.m.)
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770.499.7499
8bdbaeb8-44d5-42d8-8f6a-0951b99f8571
John Tabor
September 24, 2010
47
1
Pursuant to Article 10.B of the Rules and
Regulations of the Board of Court Reporting of
the Judicial Council of Georgia, I make the
following disclosure:
I am a Georgia Certified Court Reporter here as
a representative of Donovan Reporting, PC.
not disqualified for a relationship of interest
under the provisions of OCGA 9-11-28(c).
Donovan Reporting, PC, was hired to provide court
I am
10
reporting services for this deposition.
11
Donovan Reporting, PC, will not be taking this
12
deposition under any contract prohibited by
13
OCGA 15-14-37 (a) and (b).
14
Donovan Reporting, PC, has no exclusive contract
15
to provide reporting services with any party to
16
the case, any counsel in the case, or any
17
reporter or reporting agency for whom a
18
referral might have been made to cover this
19
deposition.
20
its usual and customary rates to all parties in
21
the case, except as may be otherwise agreed
22
to on a case-by-case basis.
Donovan Reporting, PC, will charge
23
24
25
770.499.7499
8bdbaeb8-44d5-42d8-8f6a-0951b99f8571
John Tabor
September 24, 2010
48
C E R T I F I C A T E
1
2
GEORGIA
COBB COUNTY
I hereby certify that the above and
foregoing pages 1 through 48
are a true, complete, correct, and exact
transcript of my shorthand notes taken in
the above-referenced matter;
That same constitutes a true,
10
complete, correct, and exact record of the
11
above-referenced matter;
12
13
That same was transcribed through

computer-assisted transcription;
14
That I am not of kin or counsel to any
15
of the attorneys or parties, nor am I in the
16
regular employ of any of the attorneys or
17
parties;
18
This 6th day of October, 2010.
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_______________________________
KIMBERLY A. STEWART, B-1922
Certified Court Reporter
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John Tabor
September 24, 2010
Page 49
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check 24:18 25:1,3,4
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childhood 23:14,19
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claim 41:23
clean 18:3,3,9,19
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clear 24:21,22 34:18
clinical 33:7
closed 17:6
clothing 35:1
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combination 28:3
come 29:8
coming 12:3 45:21
commercially 17:14
commissioned 14:16
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commissions 14:15
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company 5:8,10,19
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completely 39:16
composure 29:17
computer-assisted
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September 24, 2010
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documents 5:2
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John Tabor
September 24, 2010
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770.499.7499
John Tabor
September 24, 2010
Page 53
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770.499.7499
John Tabor
September 24, 2010
Page 54
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770.499.7499

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IN THE MATTER OF

DONOVAN REPORTING & VIDEO CONFERENCING

Book online at www.donovanreporting.com

IN THE CIRCUIT COURT OF THE

GARY MICHAEL HILTON,

Electronically signed by Kimberly Stewart (001-389-206-4070)

State of Florida vs Gary M. Hilton

September 24, 2010

For the Plaintiff:

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

State of Florida vs Gary M. Hilton

September 24, 2010

Examination by Ms. Suber

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

State of Florida vs Gary M. Hilton

September 24, 2010

September 24, 2010

(Whereupon the reporter provided a written

disclosure to all counsel pursuant to OCGA

being first duly sworn, was examined and

Would you swear him in,

Would you please tell us your name for

Where are you employed?

What do you do for a living?

I'm a construction contractor.

Are you also a licensed attorney in

No, I'm not.

My name is Ines Suber.

court-appointed attorney, and I have been

appointed by the court to represent Gary Hilton.

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

State of Florida vs Gary M. Hilton

September 24, 2010

your name surfaced in some documents that the

State provided to me, and I wanted to ask you some

I know who he is.

How do you know him?

He worked for my company.

How long ago did he work for your

Well, I had the same business.

And what kind of business did you have

That entire ten-year

a construction contracting company.

Did you employ Mr. Hilton?

Could you tell me how is it that he

got to be employed by you?

He applied for a telemarketing

position, and he was hired to perform that duty.

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

State of Florida vs Gary M. Hilton

September 24, 2010

And when he came to you, how did he

appear to you at that time when you hired him?

well-dressed, well-kept when he applied?

Looked like a normal person.

Just like a normal person.

living in the area, or do you know where he was

I don't know where he was living.

And did he have any family, or do you