2015-04-27-2015 Lieutenant Kim Ceylia Goodyear R PD PDF

14A-019-POST - Volume 2 - November 18, 2014 263
THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of the Hearing )

regarding the Peace Officer )
Certification of: ) Case No. 14A-019-POST
)
Kimberly A. Celaya, )
)
Respondent. )
)
At: Phoenix, Arizona

Date: November 18, 2014
REPORTER'S TRANSCRIPT OF PROCEEDINGS
VOLUME 2
(Pages 263 through 461, inclusive.)
COASH & COASH, INC.

Court Reporting, Video & Videoconferencing
1802 N. 7th Street, Phoenix, AZ 85006
602-258-1440 mh@coashandcoash.com
Prepared BY:
Karen L. Kessler, RPR
Certified Reporter #50821
Coash & Coash, Inc.

602-258-1440 www.coashandcoash.com
Peace Officer Certification of: 14A-019-POST - Volume 2
Kimberly A. Celaya November 18, 2014
Page 264 Page 266
1 INDEX TO EXAMINATIONS 1 INDEX TO RESPONDENT'S EXHIBITS
2 WITNESSES PAGE 2 NO. DESCRIPTION IDENTIFIED ADMITTED
3 JOSEPH PINUELAS 3 2 AZ POST Case Overview Charging
Board 426 130
4 Direct Examination by Ms. Beck 269 4
Cross-Examination by Ms. Baillie 274 7 Goodyear Police Department Notice
5 5 of Investigation 366 130
6 JOHN SINGLETON 6
Cross-Examination by Ms. Baillie 294
8 8
9 JUSTIN HUGES 9
Cross-Examination by Ms. Baillie 346
11 Redirect Examination by Ms. Beck 433 11
12 12
LORI KETRON
13 13
Direct Examination by Ms. Beck 450
14 Cross-Examination by Ms. Baillie 455 14
15 15
16 16
INDEX TO AZ POST EXHIBITS
17 17
NO. DESCRIPTION IDENTIFIED ADMITTED
18 18
19 1 Peace Officer Termination 19
Report 451 130
20 20
2 Peace Officer Record of
21 Employment Status and 21
Training 451 130
22 22
3 Case Overview 452 130
23 23
5 Goodyear Professional
24 Standards Unit Report and 24
Cover Letter 304 130
25 25
Page 265 Page 267

1 INDEX TO AZ POST EXHIBITS 1 BE IT REMEMBERED that the above-entitled and
2 NO. DESCRIPTION IDENTIFIED ADMITTED 2 numbered matter came on regularly to be heard before the
3 3 Office of Administrative Hearings, 1400 West Washington
7 Transcript of second interview
4 of Lt. Celaya with NOI 321 130 4 Street, Phoenix, Arizona, commencing at 8:32 a.m., on
5 12 Transcript of Interview of 5 the 18th of November, 2014.
Sgt. Joe Pinuelas 273 130
6 6
13 Transcript of Interview of
7 Lt. John Singleton 292 130 7
BEFORE: TAMMY L. EIGENHEER, Administrative Law Judge
8 15 Email from Lt. Celaya 313 130 8
9 16 Memo from Dep. Chief Rogers 9 APPEARANCES:
to Sgt. Hughes 323 130
10 10
17 Letter from Chief Geier to For Arizona Peace Officer Standards and Training Board:
11 Lt. Celaya; Notice of 11
Administrative Leave 324 130 ARIZONA ATTORNEY GENERAL'S OFFICE
12 12 By: Ms. Nancy J. Beck
18 Letter from Chief Geier to Assistant Attorney General
13 Lt. Celaya; Notice of 13 1275 West Washington Street
Recommendation of Termination 324 130 Phoenix, Arizona 85007
14 14
19 Letter from Chief Geier to
15 Lt. Celaya; Notice of 15 For the Respondent:
Termination 324 130
16 16 NAPIER, COURY & BAILLIE, P.C.
20 Maricopa County Sheriff's By: Ms. Kathryn Baillie
17 Office Incident Report 333 130 17 2525 East Arizona Biltmore Circle, Suite 135
Phoenix, Arizona 85016
18 21 Letter from MCAO re Placement on 18
Law Enforcement Integrity
19 Database 334 130 19
20 24 Video from Roman's 381 130 20
21 25 June 16, 2014 memo to Chief 21
Geier from Lt. Scott Benson 433 130
22 22 KAREN L. KESSLER, RPR
Certified Reporter
23 23 Certificate No. 50821
24 24
25 25
Min-U-Script® Coash & Coash, Inc. (1) Pages 264 - 267

Page 268 Page 270
1 ALJ EIGENHEER: We are back on the record in 1 Q. Did you notice anything about her?
2 Docket No. 14A-019-POST. It is November 18, 2014, at 2 A. Initially, during the conversation, sounded to
3 approximately 8:32 a.m. 3 me like she may have had a cold. So when I saw her walk
4 Again, my name is Tina Eigenheer. I am the 4 into the building, I was holding the door open, I asked
5 Administrative Law Judge. And present today, starting 5 if she was okay, thinking she may have been ill. Looked
6 with POST. 6 like she was crying a little bit at that point, upset,
7 MS. BECK: Nancy Beck, Assistant Attorney 7 visibly upset. Asked if there was anything I could do.
8 General for POST. 8 She said no, she just needed to go into the restroom. I
9 MS. BAILLIE: Kathryn Baillie. I'm the attorney 9 didn't pry really any further. Let her into the
10 for the respondent, Kim Celaya. And my client, Kim 10 building and went and, then notified my, my supervisor
11 Celaya, is here as well. 11 who was already off shift at the time, but Lieutenant
12 ALJ EIGENHEER: Next witness. Or were there any 12 Singleton, just thinking something, obviously, was
13 preliminary? 13 upsetting lieutenant Celaya. She was there in plain
14 MS. BECK: No. 14 clothes. Didn't know what was going on, didn't really
15 ALJ EIGENHEER: Okay. Next witness then. 15 feel it was my place to pry as far as what was going on.
16 MS. BECK: Officer Joe Pinuelas. 16 Q. Is that everything you said to Lieutenant
17 (Officer Pinuelas was duly sworn by the 17 Singleton?
18 Administrative Law Judge.) 18 A. Pretty much, yes. I didn't really tell him, I
19 ALJ EIGENHEER: Would you please state your 19 didn't have a lot of info, other than Lieutenant Celaya
20 name, spelling it for the record? 20 arrived, needed to be let into the building, she looked
21 THE WITNESS: Joseph Pinuelas, P, as in Paul, 21 visibly upset. I didn't really know what was going on.
22 I-N-U-E-L-A-S. 22 Q. Was Lieutenant Celaya on duty at that time?
23 ALJ EIGENHEER: Okay. Please proceed. 23 A. No.
24 /// 24 Q. Were you there when Lieutenant Celaya came out
25 /// 25 of the building?
Page 269 Page 271
1 JOSEPH PINUELAS, 1 A. Yes. I was still sitting in my vehicle outside

2 a witness herein, having been previously sworn by the 2 the training building when she walked out.
3 Administrative Law Judge to speak the truth and nothing 3 Q. When she walked out?
4 but the truth, was examined and testified as follows: 4 A. Yes.
5 5 Q. Then what happened?
6 DIRECT EXAMINATION 6 A. We talked again briefly. At that point I could
7 BY MS. BECK: 7 see that she had a, looked like a cut on her, under her
8 Q. Officer Pinuelas, where are you employed? 8 left eye area. You know, she was still looking a little
9 A. City of Goodyear Police Department. 9 upset as far as -- I could tell, obviously, there was an
10 Q. How long have you been with the department? 10 injury, didn't want to pry a whole lot, again. Again,
11 A. Nearly 18 years. 11 asking those questions as far as, you know, anything I
12 Q. And on November 24, 2013, were you an acting 12 could do, anybody I could call. She was -- she said no.
13 sergeant? 13 I did tell her that I needed to call my
14 A. Yes. 14 supervisor. She replied something to the effect of that
15 Q. Did you receive a call from dispatch concerning 15 I didn't have to, she would appreciate the, the -- I
16 Kim Celaya? 16 can't remember the exact word, but --
17 A. Yes. 17 Q. Confidentiality?
18 Q. Tell us about it. 18 A. Confidentiality. So I was more concerned that
19 A. It's about 4:30 in the morning. I was called by 19 maybe something had happened. Obviously, I asked, you
20 dispatch. Lieutenant Celaya needed to talk to me on the 20 know, if it was safe for her, again, her kids were safe,
21 phone. Transferred the call to my cell phone. She 21 those types of questions. But nothing really specific,
22 asked where I was near. I told her I was at the 22 nothing drawn out. Again, really didn't feel it was in
23 training building. She asked if I could let her in. I 23 my place to be asking a lot of those questions at that
24 said, yeah, yeah, absolutely. So met her at the 24 point.
25 training building and let her into that, that facility. 25 Q. When you asked her those questions that you did,

Page 272 Page 274
1 what did she say? 1 to her about, that was, at least, a peer of hers. But
2 A. She reassured me that, that her, her kids were 2 just reporting what I observed.
3 safe and, again, there was no one that I could call for 3 Q. Did Lieutenant Celaya appear in any way
4 her, and she was going to be fine. 4 intoxicated to you?
5 Q. Did she say anything else to you? 5 A. I didn't notice anything as far as intoxication
6 A. I, I, without maybe looking back, if there's 6 during that time.
7 something specific, I -- 7 MS. BECK: That's all. Thank you.
8 Q. Do you recall her saying anything about, asking 8 ALJ EIGENHEER: Cross?
9 whether she needed stitches or not? 9 MS. BAILLIE: Thank you.
10 A. Yes. She did ask about the, if it was still 10
11 bleeding, the cut was still bleeding. I said, no, it 11 CROSS-EXAMINATION
12 didn't look like it. She did ask about whether or not I 12 BY MS. BAILLIE:
13 thought it needed stitches. I can't remember what I 13 Q. Sergeant Pinuelas, you stated that you believe
14 replied. Probably would have needed some sort of 14 that Celaya, Lieutenant Celaya, was embarrassed,
15 stitching or, you know, it looked like it was a good 15 correct?
16 cut, but... 16 A. I believe that -- yeah. You know, I think that
17 Q. Did you think the she was asking you not to 17 she could have been embarrassed by the situation.
18 report the situation? 18 Q. So when you first get called -- you got called
19 MS. BAILLIE: Objection. That's very leading. 19 by dispatch, right?
20 ALJ EIGENHEER: You may answer the question. 20 A. Right.
21 THE WITNESS: I think that she was more 21 Q. Okay. And they asked you to come over and open
22 concerned with, with possibly being embarrassed by 22 up the training building for Lieutenant Celaya? Celaya,
23 anything. I didn't take it as if she was telling me not 23 excuse me.
24 to report. I already had in my mindset, obviously I was 24 A. They advised me that she needed to speak with me
25 going to notify my supervisor regardless. 25 on the telephone. So then they transferred her to my
Page 273 Page 275
1 BY MS. BECK: 1 cell phone.

2 Q. There's a blue book in front of you. Would you 2 Q. That's what dispatch told you?
3 turn behind Tab 12, please? This is your interview. 3 A. Yes.
4 Turn to page 11, please. On the left-hand side there 4 Q. Dispatch didn't tell you that the training
5 are line numbers. Do you see those? 5 building needed to be opened?
6 A. Yes. 6 A. No.
7 Q. Line 472, you were asked: 7 Q. Okay. So you walked over there, and then
8 Okay, so you did feel like she was asking you 8 Lieutenant Celaya asked you to open the training
9 not to report? 9 building?
10 And what's your answer? 10 A. On the phone, we spoke. She asked where I was,
11 A. It says right. 11 and I was at the training building at the time. So --
12 Q. Is that accurate? 12 Q. Okay.
13 A. As far as, I mean, yeah, I -- 13 A. -- that's where she asked me to let her in.
14 Q. Your answer was accurate? 14 Q. And there was no problems with you allowing her
15 A. -- in the interview, yes. 15 into the training building, correct?
16 MS. BECK: Okay. That's all I have. 16 A. No.
17 ALJ EIGENHEER: Cross? 17 Q. At the time that you opened the door and let
18 MS. BECK: Oh, I'm sorry. 18 Celaya, let Kim into the training building, you called
19 BY MS. BECK: 19 Lieutenant Singleton, didn't you?
20 Q. Did you call Lieutenant Singleton back again? 20 A. Following -- yes, right after I let her in.
21 A. Yes. 21 Q. Right after you let her in.
22 Q. And what was that conversation? 22 A. Yes.
23 A. I basically told him what I had observed and, 23 Q. Okay. Now, prior to her going into the training
24 you know, the injury, and obviously there was something 24 building, Kim never said, hey, don't tell anybody about
25 else going on that needed to be, somebody needed to talk 25 this, did she?

Page 276 Page 278
1 A. No. 1 Q. Okay. Now, you, at the time, you were a

2 Q. She went right into -- 2 sergeant, right?
3 A. She went in. 3 A. Acting sergeant.
4 Q. -- the training building? 4 Q. You were acting sergeant, right. And Kim was a
5 A. Correct. 5 lieutenant?
6 Q. Okay. How long was she in there? 15, 6 A. Yes.
7 20 minutes? 7 Q. So technically you're a subordinate of Kim?
8 A. 20 to 30 minutes. 8 A. Correct.
9 Q. More 30 minutes? 9 Q. So Kim, being a lieutenant, does not need to
10 A. Approximately. 10 have a conversation with you regarding a personal
11 Q. Okay. All right. And then Kim walks out, 11 matter, does she?
12 right? 12 A. No.
13 A. Yes. 13 Q. And she doesn't need to even have a conversation
14 Q. And you're still there? 14 with you on a police matter unless it involves you,
15 A. Yes. 15 correct?
16 Q. Why were you still there? 16 A. Correct.
17 A. I was there because, a couple reasons. 17 Q. Okay. All right. So as you waited for Kim
18 Q. Okay. 18 outside of the training building, you noticed that she
19 A. I had, again, observed that she looked upset 19 had a laceration, a cut on her face?
20 coming in and notified Lieutenant Singleton. I did not 20 A. Yes.
21 want other officers, then, to come in while she was in 21 Q. Did the -- did you think that there was an
22 there, trying to give her some sense of privacy, not 22 emergency situation?
23 really knowing what was going on. And that was the 23 A. No.
24 primary reason. I know that some dayshift officers 24 Q. Okay. When Kim asked you to keep it
25 start arriving sometime after 5:00. In fact, we did 25 confidential and you didn't need to notify a supervisor,
Page 277 Page 279
1 talk about that later. So, so that she would have time 1 do you remember her telling you that she was going to go
2 to leave, or -- 2 ahead and handle it?
3 Q. So about 5:15 is when the dayshift begins? 3 A. I don't remember that, no.
4 A. 5:30 is briefing. 4 Q. Okay. Do you remember her, telling her that
5 Q. Okay. 5 everything was fine at home, her kids were fine, she was
6 A. Some officers arrive as early as 5:00, but it 6 okay?
7 just depends on the officers. 7 A. I remember that conversation, yes.
8 Q. Do they use the training building as briefing? 8 Q. Okay. Lieutenant Singleton was at home
9 A. Yes. 9 sleeping, right?
10 Q. Okay. So did you tell Lieutenant Singleton that 10 A. I wouldn't know.
11 you were going to hang out at the training building? 11 Q. Okay. Lieutenant Singleton had ended his
12 A. I don't recall telling him that. 12 shift --
13 Q. Did Lieutenant Singleton tell you to hang out 13 A. I'm sorry. I'm sorry. Yes. Lieutenant
14 and wait for Kim? 14 Singleton was off shift.
15 A. I just, I think he said he would talk to her 15 Q. He was off shift?
16 later. 16 A. Right.
17 Q. Was that the first conversation you had with 17 Q. Okay. So when Kim told you you didn't need to
18 Lieutenant Singleton? 18 notify Lieutenant Singleton, did you tell her that you
19 A. Yes. 19 had already talked to Lieutenant Singleton?
20 Q. So Singleton told you that he would talk to Kim 20 A. No.
21 later? 21 Q. Is it possible that Kim asked you not to notify
22 A. I believe so. 22 because she knew that Singleton was off duty?
23 Q. Okay. But you decided to hang out at the 23 A. I wouldn't know that.
24 training building? 24 Q. Okay.
25 A. Yes. 25 A. Lieutenant Singleton, irregardless, was still

Page 280 Page 282
1 the watch commander, so... 1 A. I don't remember her saying that, no.
2 Q. Sure. Now, you usually call your lieutenant 2 Q. Okay. After you spoke with Lieutenant
3 when there's an emergency, right? 3 Singleton -- well, let me rephrase that.
4 A. Typically, yes. 4 After Kim left the training building, you spoke
5 Q. Okay. Because he's off shift? 5 to Lieutenant Singleton by phone?
6 A. Correct. 6 A. Correct.
7 Q. He's off duty. All right. So in this case it 7 Q. Okay. And in that conversation, Lieutenant
8 was not an emergency, though, right? 8 Singleton told you not to tell anybody, correct?
9 A. No. 9 A. I believe so.
10 Q. So did you call Lieutenant Singleton because you 10 Q. Okay. And that was an order, correct?
11 were, maybe, concerned for Kim? 11 A. That would have been more of an order, yes.
12 A. Absolutely. 12 MS. BAILLIE: All right. I have no further
13 Q. As a friend? 13 questions.
14 A. I don't know if I could say friend, because 14 ALJ EIGENHEER: Redirect?
15 there is that -- 15 MS. BECK: No.
16 Q. A coworker or -- 16 ALJ EIGENHEER: Thank you very much.
17 A. -- subordinate relationship. But definitely 17 MS. BECK: I'd like him to be reserved for
18 because I was concerned to see her in that condition at 18 rebuttal.
19 that time and place. So I felt that my supervisor 19 ALJ EIGENHEER: Okay.
20 needed to be aware. 20 MS. BECK: But he may leave for the day.
21 Q. She did not order you and say, you will not tell 21 ALJ EIGENHEER: Okay. Then your next witness.
22 anybody about this, did she? 22 MS. BECK: Lieutenant John Singleton.
23 A. No. There was no direct order. 23 ALJ EIGENHEER: Good morning.
24 Q. No. Okay. She thanked you for your 24 (John Singleton was duly sworn by the
25 confidentiality, right? 25 Administrative Law Judge.)
Page 281 Page 283
1 A. Yes. 1 ALJ EIGENHEER: Would you please state your

2 Q. You stated to Joe Pinuelas, Sergeant Pinuelas, 2 name, spelling it for the record?
3 in your interview on -- 3 THE WITNESS: John Singleton, S-I-N-G-L-E-T-O-N.
4 MS. BECK: He is Sergeant Pinuelas. 4 ALJ EIGENHEER: Please proceed.
5 THE WITNESS: Officer Pinuelas at this time. 5
6 MS. BAILLIE: Did I say officer? 6 JOHN SINGLETON,
7 MS. BECK: You said you stated to Officer 7 a witness herein, having been previously sworn by the
8 Pinuelas. 8 Administrative Law Judge to speak the truth and nothing
9 MS. BAILLIE: Oh, excuse me. I apologize. It 9 but the truth, was examined and testified as follows:
10 is Sergeant Pinuelas. I apologize. 10
11 BY MS. BAILLIE: 11 DIRECT EXAMINATION
12 Q. So you stated to Sergeant Pinuelas on 12 BY MS. BECK:
13 November 30th of 2000 -- 13 Q. Lieutenant Singleton, where are you employed?
14 A. I'm Joe Pinuelas. You might be confusing with 14 A. City of Goodyear.
15 Pacello. 15 Q. With the police department?
16 Q. I'm sorry. Pacello. Sorry. Yes, you're much 16 A. Yes, ma'am.
17 taller, aren't you. Bless your heart. 17 Q. How long have you been with the police
18 So you stated to Sergeant Joe Pacello on, on 18 department?
19 November 30th, 2013 that, on the surface, you thought 19 A. Since 2007.
20 that Kim just preferred that you didn't say anything, 20 Q. And were you an officer somewhere else before
21 right? 21 that?
22 A. I remember, yes. 22 A. In Glendale.
23 Q. Okay. And, again, do you remember her telling 23 Q. How many total years have you been a police
24 you that she would talk to anybody else, like talk to -- 24 officer?
25 handle it herself by talking to the chief? 25 A. About 31.

Page 284 Page 286
1 Q. On the evening of November 24, 2013, were you 1 She was getting them ready to go somewhere, I don't know
2 contacted by anyone concerning Kim Celaya? 2 if it was school or someplace else, but she couldn't
3 A. It would have been in the morning that I was 3 speak right then.
4 contacted. 4 Q. About what time was that?
5 Q. In the morning? 5 A. Gosh, I'm guessing. I usually get up sometime
6 A. Yeah. It would have been Sunday morning, I 6 around 11:30, 12:00, 12:30, so it was probably, maybe,
7 believe. Yes, ma'am. At about 5 o'clock in the 7 12:30, 1 o'clock I had gotten my coffee and sat down,
8 morning. 8 somewhere around there. It was around noon, around
9 Q. Who contacted you? 9 noon-ish. That's the best I can give you. And she said
10 A. Joe Pinuelas. 10 she couldn't speak right then and, but she would call me
11 Q. What did he say? 11 back. And I said, well it's really important you call
12 A. He indicated that -- I actually received two 12 me, and she said she would. And I don't know how long
13 phone calls from him. The first phone call said that he 13 it was, it wasn't all that long, maybe an hour or so,
14 had been called by dispatch to respond to the training 14 hour and a half that she called me back, and we spoke.
15 building and let in Lieutenant Celaya. He responded 15 Q. Tell us about that conversation.
16 there, let her into the building. And he says, she 16 A. Well, I told her that I had gotten a call from
17 walked right by him, and it seemed as though she was 17 Sergeant Pinuelas, and Sergeant Pinuelas was very
18 crying and very upset. So I said, okay, what's wrong. 18 concerned about her and now I was concerned, and was
19 And he said, I don't know she went into the bathroom. 19 everything okay. And her first statement was, this is
20 He said that he was going to check reports and stay in 20 just stupid, this is just stupid. And I said, well,
21 the training building and see if he could assist her 21 what happened? And she didn't really answer me right
22 when she came out. And I said, that's good, let me 22 away. She was -- obviously, I could here in her voice
23 know. 23 that she was very upset, she was very distraught.
24 And that was the end of that conversation. I 24 So I, I was calling her as a friend. I wasn't
25 went back to sleep for about 10 minutes, 15 minutes, and 25 calling her as a, really as a peer, and I'm certainly
Page 285 Page 287
1 then he called me back -- it was probably 15 minutes -- 1 not her supervisor, so I wanted to be supportive, and so
2 he call me back, said that she had left the bathroom, 2 I didn't want to push her too much, but I wanted to find
3 and what he thought was mascara from crying, he says he 3 out what was wrong. And I think I asked her, are you
4 realized that was a cut under her eye. And I asked if 4 okay? I had asked her that when she first called me and
5 she was okay, and he said, yeah, she says she's okay, 5 said that she couldn't speak. My concern was if she had
6 she wouldn't tell him how it happened, and, but that she 6 some involvement with somebody that was of violent
7 was okay and that she was going to go home. And I said, 7 engagement, was that person there and that's why she
8 we have no idea what happened, what went on? And he 8 couldn't talk to me. So I was concerned about that, and
9 says, no, he says that she's going home. And he was 9 she assured me at that time that she was safe. On this
10 very concerned for her. He says he asked about her 10 conversation, she also said she was okay, that she was
11 kids, is everything okay at home, yeah, the kids are 11 fine but it was just, just not a good thing for her.
12 fine, I'm fine, I'm just going to go home and go to bed. 12 That she was very, very distraught and very upset about,
13 So I asked him is she still there, and he said, 13 about what was going on, about what had happened.
14 no, she's already left. So I said, okay. I verified 14 Q. Did she tell you anything more?
15 from him that she was safe, that her kids were safe, and 15 A. She was obviously very reluctant, and my feeling
16 that everything was going to be okay. I was exhausted 16 was that she was embarrassed. That was the sense that I
17 from working all night. I assumed that she was probably 17 got, she was very embarrassed about the situation and
18 tired and wanted to sleep, since that's what she had 18 really didn't want to share a whole lot. She and I -- I
19 apparently told him, so I went ahead and went to sleep 19 consider her my friend, but a work friend. We didn't
20 with the plan of contacting her when I woke up. 20 socialize off work, but she was somebody that I worked
21 Q. What happened next? 21 with occasionally on Tuesday nights, had a good rapport
22 A. When I woke up? 22 with her. So I, you know, I was very concerned.
23 Q. Yes. 23 She, she just, she was very hesitant to talk to
24 A. I called her cell phone. She answered. She 24 me, and I don't know if it was she just didn't know me
25 indicated that she was with her children at the time. 25 that well or what the situation was, but she just didn't

Page 288 Page 290
1 want to say what was going on. She finally, after some 1 the boss.
2 period of time, she was, she was having bouts of being 2 Q. And who's her boss?
3 very, very upset and crying, and she would gather her -- 3 A. It would have been -- well, I don't know that I
4 she would collect herself and gather herself, and she 4 even -- I think I might have told her Deputy Chief
5 finally, she finally just told me, she said, well, 5 Rogers. But she never said she was not going to. She
6 basically what happened was -- I knew that her and her 6 wasn't -- it seemed to me that when I was talking to
7 boyfriend had split up. I knew that they weren't 7 her, her mind was kind of somewhere else. So she wasn't
8 together, or at least that's what she said, that they 8 always answering me when I would say something. I know
9 weren't seeing each other anymore. 9 there was a lot going on with her right then, and she
10 She said that they had received a call from some 10 was just very, very upset. She had a lot of, a lot of
11 friends -- and I'm sorry, I don't remember -- they were 11 personal issues that had gone on outside of this issue,
12 from out of state. That's all I know. I don't know 12 with the loss of a loved one, and I just felt like that
13 what state they're from. But these friends had called 13 was, you know, she was very distracted when I was
14 and said they would like to get together with them. And 14 talking to her.
15 Kim had indicated that she felt that they could be civil 15 So I said it a few times that, you know, you
16 with each other for one night. They go out and, and 16 need to call, and she never, she didn't really respond
17 have a good time with these friends and that would be 17 at first. I finally told her -- I used what's, what we
18 it; there wouldn't be anything more to it than that. 18 call as a bait, either a baited question or a baited
19 And she said that, while in the car, they had a 19 statement, and I basically told her, I said, hey look,
20 verbal argument. And she never really told me who the, 20 if you don't want to say anything, I won't say anything,
21 who he was, but I assumed it was her ex-boyfriend. She 21 because I wanted to see what her mindset was. I wanted
22 never told me it was Al. But she said they had a verb 22 to see what she was going to say. And immediately, she
23 -- they were having a verbal argument and he reached 23 says, oh, no, I'm going to report it. So at that point
24 over and punched her in the face. And she said that 24 I knew absolutely she is going, she is going to tell the
25 after that -- I said, well, what did you do, and she 25 boss.
Page 289 Page 291
1 said I started kicking him. And I said, okay. 1 And then at that point, I was trying to convince
2 And at that point I was really upset. So I told 2 her that she really needed to make a police report. In
3 her that, you know, we needed to do something with this. 3 my mind, she was clearly a victim of domestic violence
4 We need to, we needed to get a police report. We 4 and this needed to be reported. And she didn't want to
5 needed, she needed to report this, and she didn't want 5 do that. I asked her why, and she said, look, even
6 to do that. She didn't want to make a police report. 6 though the relationship is over, even though we're not
7 Q. Anything more about the conversation you can 7 going to see each other anymore, she still has feelings
8 think of? 8 for him, she still, you know, has a history with him and
9 A. At that point, no, not really. There was, there 9 did not want to testify against him in court.
10 was very little detail. And I tried to push her for 10 Q. Deputy Chief Rogers' first name is Jeff?
11 some more detail, and I finally sort of, it dawned on me 11 A. Yes.
12 that because she didn't want to make a police report, 12 Q. When you told her to call Jeff, did you say
13 that's why she was being kind of distant about what 13 anything about the chief?
14 happened. In domestic violence issues, a lot of times 14 A. She, Kim had not been with us all that long.
15 victims don't want to make a report. And I think, I 15 She had been with the department, I think, a couple of
16 think, it's just my feeling, I'm speculating, that she 16 years. She was very new to our patrol. She's an
17 felt that we were going to, if she told me this 17 experienced officer, came from other agencies, but she
18 information, we were going to make a police report 18 was new to patrol. She had just been reassigned to
19 without her consent. That was the feeling I got from 19 patrol. So I don't think she really knew Deputy Chief
20 the conversation. She never said that, but that was the 20 Rogers very well, and she indicated to me, not in a
21 feeling I got. 21 negative way, but she indicated to me that she didn't
22 Q. Did you have any conversation with her about her 22 really know Deputy Chief Rogers, and wasn't sure she had
23 contacting anyone else? 23 full trust in him. I understood that completely. She
24 A. As far as? Oh, I, yeah, I told her that she 24 said, but she did know Jerry, referring to Chief Geier,
25 needed to talk to her boss, she needed to report it to 25 and that she would call him.

Page 292 Page 294
1 Q. In 13 in the blue book in front of you, Tab 13, 1 Q. Okay.

2 please. 2 MS. BECK: Thank you. That's all.
3 A. Uh-huh. 3 ALJ EIGENHEER: Cross?
4 Q. Page 6. 4 MS. BAILLIE: Yes.
5 A. Uh-huh. 5
6 Q. Line 254. 6 CROSS-EXAMINATION
7 A. Uh-huh. 7 BY MS. BAILLIE:
8 Q. Starting with -- well, actually 253 -- 8 Q. Lieutenant Singleton, when Joe Pinuelas called
9 A. Yeah. I did ask her if she reported it to 9 you at 5 o'clock in the morning, he indicated that
10 anybody and she said she hadn't yet. 10 dispatch had asked him to open the training building,
11 Q. Okay. I'm going to read part of it and then ask 11 correct?
12 you a question. 12 A. He had received a call -- he told me he had
13 A. Okay. 13 received a call from our radio that he was to let
14 Q. Kim, did this happen in Goodyear? Dead silence. 14 Lieutenant Celaya into the training building.
15 I said, okay, you need to, I said, did you call your 15 Q. Okay. He didn't say anything about, called over
16 boss yet? No, I haven't. I said, you need to call your 16 there to talk to lieutenant, to Kim, right?
17 boss. And she says, she goes, you know, I just don't 17 A. Not that I recall.
18 need this. She went on, this is embarrassing. I can't 18 Q. Okay. And you stated that you were just talking
19 do this. And I said, you need to give Jeff a call. 19 to Kim because you were a friend, a peer.
20 Is that Deputy Chief Rogers? 20 A. Right.
21 A. Yes. 21 Q. Right? You're not, she is not subordinate to
22 Q. I said, you have to do that Kim. I said, 22 you, correct?
23 whether you decide you want to file charges or not is up 23 A. Correct.
24 to you. I said, I'm nobody to force you to do that, but 24 Q. And there is no duty for her to report to you,
25 I'm telling you you need to call Jeff. Oh, I just don't 25 correct?
Page 293 Page 295
1 know him that well. I don't know how he is going to 1 A. Correct.

2 take this and, you know, but I do know Jerry. 2 Q. Did you believe that this was an emergency
3 She doesn't say, you don't say she didn't have 3 situation?
4 trust in Jeff. She doesn't know him. 4 A. Not at the time I talked to her. And if I can
5 A. She doesn't know him. Exactly. 5 add to that.
6 Q. Okay. 6 Q. Sure.
7 A. Yeah, it wasn't that she didn't like him or any 7 A. In speaking with Pinuelas that morning, I didn't
8 of that. She just didn't know him -- 8 feel it was an emergency situation any longer. He
9 Q. Okay. 9 assured me that she was fine at that point, that her
10 A. -- very well. And she had history with Chief 10 children were safe, and that she was safe.
11 Geier and had known him in Yuma. And I don't know how 11 Q. Okay. Now, the reason why Kim didn't want a
12 close they were, but I do know she was comfortable 12 report, or didn't want to have a police report go
13 talking to him, and she indicated to me she would call 13 criminal, wasn't that because she was just trying, she
14 him. 14 was doing, just started the job and she -- didn't she
15 Q. Okay. I'm going to ask you a hypothetical. 15 tell you that, that she, I couldn't go through this, I
16 If you had known in that conversation that Kim 16 have just started here, I'm new here, I'm trying to do a
17 kicked Al before he hit her, would you have thought she 17 good job, I don't need this on top of everything?
18 was the victim? 18 A. That was also part of it, yes.
19 A. Okay. So hypothetically -- 19 Q. Okay.
20 Q. Yes. 20 A. And the other part was what I said, that she
21 A. -- if I would have had any indication that she 21 didn't want to testify against him in court.
22 was the aggressor and -- 22 Q. Right. And have a long, drawn out court hearing
23 Q. Yes. 23 on the criminal side, correct?
24 A. Well, no, probably not. I would not have 24 A. Correct.
25 assumed she was the victim. 25 Q. She never indicated to you that she was not

Page 296 Page 298
1 going to report it to her agency? 1 enforcement, correct?

2 A. Never. 2 A. I don't know if that's a fair statement, that
3 Q. In fact, it was just the opposite. She told you 3 it's difficult. I think -- and I don't know that I can
4 she was going to report it. 4 say that, ma'am. I have known a lot of female command
5 A. And, actually, I actually made a statement to 5 staff members who flourished and never had any problems,
6 her to see what her mindset was about that, and she 6 whatsoever, on the job. I mean, I just --
7 clearly immediately said, oh, no, I'm going to report 7 Q. But for a woman, they must maintain their
8 this to, to the boss. 8 strength and appear to be as strong or equal to a man in
9 Q. Right. Okay. Now, you had mentioned in your 9 law enforcement, correct?
10 interview, and even here, that Kim had lost her husband, 10 A. I would respond to that to say that I think
11 in regard to her emotional, everything that was going on 11 there are some women that feel they need to do that, but
12 emotionally in her personal life. And you said that -- 12 I don't know that that's systemic of all women in that
13 MS. BECK: Objection. That's a not what he 13 role.
14 said. 14 Q. Okay. And being involved in a domestic violence
15 BY MS. BAILLIE: 15 and possibly, actually having an injury, a visible
16 Q. Actually, on page nine on the transcript, and 16 injury and being a victim of domestic violence, that Kim
17 it's going to be Tab 13, go to page nine and line 361 it 17 very possibly, even if it's not true, that Kim very
18 says, actually 360: Just more about all the emotional 18 possibly could believe that she was being looked at as
19 stuff that she's been going through, you know, with the 19 weaker?
20 loss of her husband, she just needed somebody she could 20 MS. BECK: Objection. Speculation.
21 just come to -- she just kinda cry, cry to. 21 BY MS. BAILLIE:
22 Right? 22 Q. You spoke with her. And as she talked to you,
23 A. Correct. 23 and you actually said that she was a victim, she had
24 Q. Okay. So you knew about the loss of her 24 concerns and she was embarrassed. With your time of
25 children's father, correct? 25 knowing Kim, do you believe that she would, that she was
Page 297 Page 299
1 A. Yes, ma'am. 1 portraying to you that her fear of being perceived as

2 Q. Okay. And Kim continually talked about, when 2 weaker?
3 she was on the phone with you, about how she was 3 A. No. Kim, Kim is anything but a weak person.
4 embarrassed? 4 Q. Okay.
5 A. She was embarrassed, embarrassed, she was 5 A. I don't know her exceptionally well, but she's a
6 distraught, she was upset by this, and she, I think she 6 strong person. I don't think that she -- I don't think,
7 said a few times, I just don't need this right now, I 7 maybe that's the right term, I don't -- and I'd be
8 don't need this in my life. 8 speculating even if I said it was, because I can't tell
9 Q. Right. Didn't she tell you or infer that she 9 you what she was thinking or feeling. But I didn't get
10 was afraid that she would be viewed differently at her 10 the sense in talking to her that she thought that others
11 work? 11 would see her weaker.
12 A. I think she said something about that. I don't 12 Q. Okay.
13 recall. And I think that was, as I said, that was part 13 A. It was just more of an embarrassment that she
14 of her embarrassment where she just didn't want to have 14 was going through this, and she didn't -- almost it
15 to go through this. I know that she didn't -- she made 15 seemed to her that this was -- she was trying very, very
16 some comment, but I couldn't tell you in what words that 16 hard to be a good patrol lieutenant, to fit in out
17 she didn't want this, she had just gone to patrol, she 17 there. She had the same difficulty that I had, that
18 didn't want people looking at her differently, 18 everybody else has when they come into this
19 particularly the guys that she was working with out in 19 organization, that they come from somewhere else, it's
20 the field. But I don't remember exactly the wording. 20 learning how it's done here. That was the one
21 Q. And in your -- you have 31 years, almost 32 21 difficulty that she had. We all had it.
22 years of experience in law enforcement? 22 So she's focused on trying to become a good
23 A. Of full time law enforcement experience, right. 23 patrol lieutenant. She had been in an administration
24 Q. Right. And in that time frame, it's difficult 24 position for a couple of years and now she transferred
25 for women, especially in a command staff, in law 25 in, and she was trying to focus on that. And I took

Page 300 Page 302
1 this, and this is just purely my take on it, I took it 1 A. Yes, I was.
2 that this was going to be a huge distraction for her 2 Q. Where?
3 that she didn't need. 3 A. I did a, I went through the academy in 2001,
4 Q. Okay. Along with everything else, personally, 4 sponsored by the Youngtown Police Department. And upon
5 that was going on in her life? 5 graduation, was hired by the El Mirage Police
6 A. Right. 6 Department, and worked there February of 2002 until I
7 Q. Now, Kim had just moved up from Yuma, right? 7 started with Goodyear.
8 A. I -- 8 Q. In November of 2013 what was your role in the
9 Q. About a year? Or actually, yeah -- 9 police department?
10 A. You know -- 10 A. I was assigned, and still am assigned, to the
11 Q. -- about six months -- 11 professional standards unit.
12 A. -- I thought she had been there a couple of 12 Q. Is that colloquially known as internal affairs?
13 years. 13 A. Yes, it is.
14 Q. So, you don't know the time frame? 14 Q. Did you have occasion to conduct an
15 A. I know she had come from Yuma at some point. 15 investigation concerning Lieutenant Kim Celaya?
16 Q. Okay. 16 A. Yes, I did.
17 A. I don't know when. 17 Q. How did that matter come to your attention?
18 MS. BAILLIE: I have no further questions. 18 A. I believe I was actually contacted by the chief
19 ALJ EIGENHEER: Redirect? 19 of police, Jerry Geier, a phone call. From what I
20 MS. BECK: No. Nothing further. 20 recall, it was on a weekend. He had called just to give
21 ALJ EIGENHEER: You may step down. Reserve for 21 me a brief synopsis of the information that he had.
22 rebuttal? 22 Q. What information did he give you?
23 MS. BECK: He's reserved for rebuttal. 23 A. He didn't have a lot at the time. I believe he
24 THE WITNESS: Would you like me to remain here? 24 was out of state, and our deputy chief, Jeff Rogers, I
25 MS. BECK: Not for today. 25 believe was the one that was actually initially dealing
Page 301 Page 303
1 THE WITNESS: Okay. Thank you. 1 with this incident. So there wasn't a lot said on the
2 MS. BAILLIE: Thank you very much. 2 weekend. It was more of, hey, we need to meet first
3 Your next witness? 3 thing on Monday morning.
4 MS. BECK: Sergeant Justin Hughes. 4 So it was, just briefly, that Lieutenant Celaya
5 ALJ EIGENHEER: Good morning. Have a seat. 5 had been involved in an off-duty incident where there
6 (Justin Hughes was duly sworn by the 6 was, a possible assault had occurred. But, again, the
7 Administrative Law Judge.) 7 information, from what I recall, was just very vague,
8 ALJ EIGENHEER: Would you please state your 8 because the chief was out of the state at the time.
9 name, spelling it for the record? 9 Q. Was an internal affairs investigation opened?
10 THE WITNESS: Justin Hughes, J-U-S-T-I-N. My 10 A. Yes, it was.
11 last name is Hughes, H-U-G-H-E-S. 11 Q. How did that come about?
12 ALJ EIGENHEER: Please proceed. 12 A. At the request, or direction, of the chief of
13 13 police.
14 JUSTIN HUGHES, 14 Q. And I'd like you to look in the green book,
15 a witness herein, having been previously sworn by the 15 Exhibit 4. This is, this document is in evidence but,
16 Administrative Law Judge to speak the truth and nothing 16 for the record, could you explain what this is?
17 but the truth, was examined and testified as follows: 17 A. This is our, and it's called or administrative,
18 18 or final copy is what we refer to it as, this is the
19 DIRECT EXAMINATION 19 report that myself and my partner generate on each
20 BY MS. BECK: 20 internal investigation. This is the format. So this is
21 Q. Sergeant Hughes, where you employed? 21 a report that goes to the chief of police for review.
22 A. Goodyear Police Department. 22 Q. And did you work with anyone else in
23 Q. How long have you been with Goodyear? 23 professional standards concerning this investigation?
24 A. I started with Goodyear in April of 2006. 24 A. Yes. Sergeant Joe Pacello.
25 Q. Were you a police officer before that time? 25 Q. P-A-C-E-L-L-O?

Page 304 Page 306
1 A. Correct. 1 Chief Rogers, which would indicate that there was some
2 Q. And who actually wrote this report? 2 time delay between the time that the text messages
3 A. We both actually contributed to this report. 3 between Lieutenant Celaya and Chief Geier and when they
4 Q. Okay. Would you look at Exhibit 5, please, Tab 4 actually talked on the phone, during that time that she
5 5. The second page shows Professional Standards Unit, 5 had already met with Deputy Chief Rogers.
6 and then the page that's No. 2, which is actually the 6 Q. At the time of this incident, who was Lieutenant
7 third page, shows, Findings/Summary of Event Section 2. 7 Celaya's superior?
8 What's the difference between Exhibit 4 and 5? 8 A. Deputy Chief Rogers.
9 A. This copy, Exhibit 5 is what is presented to 9 Q. Okay. What information did Deputy Chief Rogers
10 AZ POST. We don't send, initially, all interviews or 10 give you in that meeting?
11 all attachments. If those are requested later, this is 11 A. Do you want this from memory, or do you want me
12 just a summary of findings that are presented to AZ 12 to refer to this?
13 POST, and we also create, almost a duplicate 13 Q. You may refer to it if you need to to supplement
14 presentation to the Maricopa County Attorney's office. 14 your memory.
15 Q. Did AZ POST eventually request all your records 15 A. Okay. She had indicated that she had gone out
16 in this investigation? 16 with some friends the previous evening, including -- and
17 A. Yes, they did. 17 at the time I don't recall if she referred to Mr. Al
18 Q. Using Exhibit 4, I'd like you to walk us through 18 Beard, if it was her boyfriend or was a previous
19 the investigation and tell us who you interviewed. 19 boyfriend, but they had gone out. There was some type
20 A. Who I personally interviewed? 20 of altercation that occurred, and during that incident,
21 Q. Let's start at Exhibit 4, page three. It begins 21 Al had struck Lieutenant Celaya in the face.
22 there, on the morning of November 25, 2013, you 22 And I do recall Deputy Chief Rogers indicating
23 requested to meet. 23 that he could see that she did have visible injury to
24 Tell us about that meeting. 24 her cheek, like approximately below her eye.
25 A. Can I take a minute just to review this? 25 Q. Did Lieutenant Celaya ask to meet with Deputy
Page 305 Page 307
1 Q. Yes. 1 Chief Rogers?

2 A. So this was the initial meeting with Chief Geier 2 A. Yes.
3 and Deputy Chief Rogers. This was the first meeting 3 Q. And did they meet?
4 myself and my partner, Sergeant Pacello, had to actually 4 A. Yes, they did.
5 get a broader summary of what information Deputy Chief 5 Q. When?
6 Rogers had learned in his conversation with Lieutenant 6 A. Their initial meeting a was at a Starbucks in
7 Celaya. 7 Goodyear.
8 Q. And what, in the second paragraph, what 8 Q. Okay. Did you later interview Al Beard?
9 information did Chief Geier give you? 9 A. Yes.
10 A. He had received a text message from Lieutenant 10 Q. And did you interview Keila Mincey?
11 Celaya at Sunday afternoon, and, with a request to meet. 11 A. Yes.
12 Like I said earlier, he was out of state at the time, so 12 Q. Did you interview Wayne Bearden?
13 I know that Lieutenant Celaya was not able to meet with 13 A. Yes.
14 him on that day. 14 Q. Did the information that Lieutenant Celaya gave
15 Q. Did he text her back? 15 Deputy Chief Rogers coincide with what you learned from
16 A. Yes. Telling her that he was out of town. 16 those other witnesses?
17 Q. And did they have a phone conversation? 17 A. Some information did.
18 A. Yes, they did. 18 Q. What did?
19 Q. What was that conversation? 19 A. That they had gone out to specific locations.
20 A. Chief Geier had called her back a few minutes 20 There was a couple of bars that she had mentioned. That
21 later and, at which time, Lieutenant Celaya proceeded to 21 information was corroborated. The, I believe the
22 tell Chief Geier, and I have it in quotes in the report, 22 information that was not corroborated is the chain of
23 "he hit me", but did not state who "he", in quotes, was, 23 events that occurred leading up to the actual, when
24 who she was referring to. Lieutenant Celaya indicated 24 Ms. -- Lieutenant Celaya was struck in the face.
25 to Chief Geier that she had already met with Deputy 25 Q. What information did Lieutenant Celaya give

Page 308 Page 310
1 Deputy Chief Rogers in terms of who hit who first? 1 Q. Did she get medical treatment?
2 A. And I'm referring to the report. Lieutenant 2 A. She did not get treatment. She went in and was,
3 Celaya hit Al on the arm one time during a verbal 3 was, did not go to triage, I believe she went in and
4 argument. Al made the statement of not being hit again 4 spoke to a hospital, I don't know if it was a greeter or
5 or else. Lieutenant Celaya proceeded to hit him on the 5 check-in person, but was given a Steri-Strip and, I
6 arm again, at which time he stopped the vehicle. They 6 believe, iodine, but was not actually seen by a, I
7 were actually driving down the roadway while this 7 believe a medical professional.
8 altercation was occurring. Al was driving. He stopped 8 Q. Continuing on in this report.
9 the vehicle, turned and then struck Lieutenant Celaya in 9 Deputy Chief Rogers and Lieutenant Celaya went
10 the face. 10 back to the administration building?
11 So referring to this, based on this information, 11 A. Correct.
12 Lieutenant Celaya had, told Deputy Chief Rogers that she 12 Q. And then what conversation did they have
13 had hit him on the arm twice and then he struck her, Al, 13 concerning investigation by an outside law enforcement
14 struck Lieutenant Celaya in the face. 14 agency?
15 Q. Did she provide any information to the deputy 15 A. Based on the information that Lieutenant Celaya
16 chief about her kicking Al? 16 gave to Deputy Chief Rogers, and him recognizing that
17 A. No. 17 there was, at the time, recognizing that an assault had
18 Q. Did you later gain any information from the 18 occurred, he recognized the obligation of there being a
19 other three witnesses concerning kicking? 19 criminal investigation, with this incident being
20 A. Yes, we did. 20 domestic violence related. And, typically, our agency,
21 Q. What was that information? 21 on a criminal case, we will not do our own
22 A. Do you want me to break it down by individual 22 investigation. We will branch it out to another agency.
23 person or just in general? 23 So he contacted the Maricopa County Sheriff's Office.
24 Q. I'd like you to, at this point, just give me a 24 Q. And what happened?
25 summary. 25 A. I believe two detectives from MCSO arrived. My
Page 309 Page 311
1 A. Okay. During the interviews with, with Wayne 1 understanding is that Deputy Chief Rogers recused
2 Bearden, Keila Mincey, and Al, the one corroborating 2 himself out so he was not present while Lieutenant
3 event was that all three were very clear that during 3 Celaya was meeting with the two detectives. And that
4 this altercation in the vehicle, as Al was driving, that 4 was Lieutenant Celaya's opportunity to meet with them
5 prior to Al stopping the vehicle, turning and striking 5 and, I guess, give details on what occurred.
6 Lieutenant Celaya in the face, that Lieutenant Celaya 6 Q. And did she give details on what occurred?
7 had kicked him in the head, or in that area, neck area, 7 A. No. I don't -- I think she was hesitant on
8 at least once, some witnesses said it was actually even 8 wanting to cooperate with the investigation. I believe
9 more than once, prior to him stopping the vehicle, 9 that they took photographs. She gave Al's name and, I
10 turning, and then striking her in the face. 10 believe, where he lived, or at least gave a general
11 Q. Continuing on with Exhibit 4, page four. You're 11 location, but she did not want to give a statement.
12 continuing to tell here what deputy Chief Rogers 12 Q. She didn't give a statement about the event?
13 provided you, the information he provided you. 13 A. Correct.
14 A. Okay. 14 Q. Did Deputy Chief Rogers receive a call from
15 Q. Is that where we are? 15 Lieutenant Singleton?
16 A. Yes. 16 A. Yes.
17 Q. Okay. What does Lieutenant Celaya tell him in 17 Q. Did he receive any additional information that
18 terms of going to the emergency room? 18 Lieutenant Celaya had not provided him?
19 A. She had mentioned to him that after the strike, 19 A. Yes, he did.
20 after her being struck in the face by Al, Al had turned, 20 Q. Can you summarize that?
21 she got out of the vehicle, walked away from the 21 A. I'm just going to review this real quick.
22 vehicle. At about 0400 hours, so 4 o'clock in the 22 Q. Sure.
23 morning -- and I believe, just to make sure my dates are 23 A. When he spoke to Lieutenant Singleton, Deputy
24 right, I believe that's the 24th of November -- she, she 24 Chief Rogers learned that Lieutenant Celaya had actually
25 went to West Valley Hospital. 25 arrived to the Goodyear Police Department training

Page 312 Page 314
1 building, I believe it was between 4:30 and 5 o'clock, 1 involving all the specifics, did she have a lengthy
2 on that morning of the 24th. And she had requested, 2 discussion involving all the specifics with anyone?
3 either through dispatch or contacting the on-duty 3 A. As far as the length of the conversation, I
4 supervisor directly, who was at the time Sergeant 4 don't know how long it was, but the specifics, based on
5 Pinuelas, to allow her to have, or to give her access to 5 what we learned through this investigation, no. This
6 get into the building. I don't think she had her 6 was just a very small portion of what actually occurred.
7 keycard -- our buildings are operated by a magnetic 7 Q. Who did you interview next? Back on Exhibit 4,
8 keycard, and I don't think she had her keycard at the 8 page seven.
9 time. So Sergeant Pinuelas arrived to allow her access 9 A. Lieutenant Celaya.
10 into the building. 10 Q. And what was the date of that interview?
11 Q. I'd like you to walk through this, and you tell 11 A. November 26th.
12 us who you interviewed here. Starting on page five. 12 Q. We will come back to the specifics of that, but
13 Who did you interview first? 13 I want to continue to walk through your interviews.
14 A. Lieutenant Singleton. 14 On page 12, who did you interview next?
15 Q. On page seven, you refer to an email received 15 A. That was Mr. Beard, Alvin Beard.
16 from Deputy Chief Marzocca? 16 Q. Let me back up a minute.
17 A. Correct. 17 After the Maricopa County Sheriff's Deputies
18 Q. And what is that? 18 talked to Lieutenant Celaya and she declined to give a
19 A. It's a, this was an email that was sent, or 19 statement, did they make an attempt to get a statement
20 authored by Lieutenant Celaya to Deputy Chief Marzocca, 20 from anyone else?
21 I think just making notification of the incident that 21 A. They did. They dove to the residence where
22 had occurred. I don't want to speculate as to why this 22 Mr. Beard was staying. That's the residence of Keila
23 was done, but my belief is that when we're involved in 23 and Wayne. And they did contact Mr. Beard, but he did
24 an off-duty incident, typically that's how we make 24 not, he was not willing to give a statement.
25 notification, we can write a memo, send an email, but 25 Q. Okay. On page 15, who did you interview next?
Page 313 Page 315
1 just to make some type of formal notification that an 1 A. Keila Mincey.

2 employee was involved in an off-duty incident. 2 Q. Page 20, who did you interview?
3 Q. Would you look at Exhibit 15 in the green book? 3 A. Wayne Bearden.
4 Or excuse me, the blue book. The second page. 4 Q. Page 22, who was your next interview?
5 A. Yes. 5 A. Deputy Chief Rogers.
6 Q. What is this? 6 Q. On page 25, did you do any follow up?
7 A. This is the email from Lieutenant Celaya. It's 7 A. Yes. Based on our initial interview with
8 dated November 25th, 2013, and about 7:15 in the 8 Lieutenant Celaya and, I believe the witnesses we had
9 evening, excuse me, to, I believe it's addressed to, 9 interviewed at the time, we were trying to, my partner
10 it's to Deputy Chief Paul Marzocca. 10 and I, Sergeant Pacello, were trying to determine
11 Q. And what does the email say? 11 where -- after this altercation occurred on Estrella
12 A. It's to satisfy the police policy's requirement 12 Parkway, it was consistent that Al had turned left into
13 of notification in writing. It was originally intended 13 a parking lot, and so, based on the description by all
14 to have it completed yesterday on November 24, 2011 -- 14 the parties involved, we had a general idea of where we
15 I'm assuming that's just a typo, because this was 15 felt like, that he had stopped the vehicle in this
16 actually in 2013 -- but due to interviews with MCSO, it 16 parking lot.
17 was forgotten. On November 24th, 2013, I was involved 17 So we conducted follow up at a couple locations
18 in a domestic incident at approximately 2:30 in the 18 where we were hoping that we would have some video
19 morning in which resulted with me receiving injury to my 19 evidence that would help us. One being the Quick Trip
20 left eye/cheek. I notified my supervisor at 20 convenience store, which was at, it's located at 550
21 approximately 3 o'clock on the same day -- 3 o'clock in 21 North Estrella Parkway. This was the location where, I
22 the afternoon that would be -- a lengthy discussion 22 believe, all the parties involved said that this
23 occurred involving all the specifics, and MCSO was 23 incident occurred, just north of the intersection where
24 called. 24 this Quick Trip was at. And there was also a hotel --
25 Q. When she says a lengthy discussion occurred 25 let me get you the name of it -- the Comfort Inn and

Page 316 Page 318
1 Suites, which is at 15575 West Roosevelt. It is on the 1 Q. Page 35, who did you interview next?
2 west side of the road. So I know that they have cameras 2 A. Alliyah Beard, and that is the daughter of Alvin
3 on the outside, so we were conducting follow up to see 3 Beard.
4 if any of the cameras were pointed in an area that may 4 Q. Why did you interview her?
5 pick up this altercation. 5 A. One of the discrepancies in our interviews with
6 Q. Did you find anything? 6 Lieutenant Celaya was the chain of events that occurred
7 A. No. There was nothing of value that we located. 7 after she had -- after the incident in the vehicle, she
8 Q. Did you also go to the Roman's Oasis Bar in 8 had walked home. Lieutenant Celaya indicated that she
9 Goodyear? 9 went directly upstairs, Keila went upstairs with her.
10 A. Yes, we did. 10 Lieutenant Celaya indicated that she got cleaned off,
11 Q. What was your purpose in going? 11 cleaned herself up, and everyone left the residence,
12 A. To get, again, to see if there was either 12 including Keila. After a while, Lieutenant Celaya said
13 witness or video evidence that, that could help us in 13 she left the residence by herself and drove her
14 this investigation. And we were able to get video 14 daughter's vehicle directly to West Valley Hospital.
15 surveillance of the inside of the bar. Where the camera 15 When we interviewed Keila, she said that that
16 was positioned was pretty much right next to where 16 wasn't accurate. That she actually did walk upstairs
17 Lieutenant Celaya and the other people involved in her 17 with Lieutenant Celaya, and then when Al and everyone
18 party were at at the bar. 18 else had left the residence, both Keila and Lieutenant
19 Q. Did you observe Al as he was finishing his 19 Celaya left together with the, I believe, the intention
20 drinks and getting ready to leave? 20 of going to West Valley Hospital, but instead,
21 A. Yes. 21 Lieutenant Celaya drove over to her residence where Al
22 Q. And did you, at any time, see Al slam a drink 22 was at.
23 down? 23 So we were trying to determine which version was
24 A. No, he did not. 24 correct. We, my partner and I, knew that Alliyah was
25 Q. On page 26, who did you interview next? 25 there babysitting that night. She was not directly
Page 317 Page 319
1 A. Acting Sergeant Joe Pinuelas. 1 involved, so she was an independent witness. So we

2 Q. Page 28, who did you interview next? 2 interviewed Alliyah, and she corroborated with what
3 A. That was a, our second, or follow-up interview 3 Keila had told us. That they left together, that both
4 with Lieutenant Celaya. 4 of them arrived at the residence later.
5 Q. Why did you interview her again? 5 Q. Did you interview Alliyah at ASU?
6 A. Based on our initial interview with Lieutenant 6 A. ASU West, yes.
7 Celaya, and then conducting follow-up and subsequent 7 Q. Why did you go to ASU to interview her?
8 interviews with Al, Wayne, Keila, and everyone else, 8 A. We -- she is a college student. She lives at
9 Deputy Chief Rogers, there were additional allegations. 9 the dorm. We didn't have a phone number for her, and
10 So she was, Lieutenant Celaya, was served with another 10 when we went to ASU registration, they told us what dorm
11 notice of investigation. So there are additional 11 she was staying at. She is staying at the Thunderbird
12 allegations that we needed to interview her on, and also 12 Campus, the one in Glendale. So that's where we made
13 get clarification, because there was a, a vast 13 contact with her.
14 difference between the versions that we were getting 14 Q. Was that anything unusual, going over there to
15 from Lieutenant Celaya and what we were getting from the 15 conduct that interview?
16 witnesses. 16 A. No.
17 Q. What were the additional allegations? 17 Q. Did you conduct the investigation in this case
18 A. Untruthfulness, assault, I believe, so a 18 in any manner differently than you conduct other
19 criminal offense. Because based on our initial 19 investigations?
20 interview, it was, we were under the impression that 20 A. No.
21 Lieutenant Celaya may have been the victim, so we were 21 Q. On page 36, section 3, Findings/Summary of
22 viewing our investigation that way. But when we 22 Events. I need just a second here.
23 interviewed witnesses who told us that it appeared that 23 In the green book, Exhibit 6, the last two
24 Lieutenant Celaya was the aggressor, we had to modify 24 pages.
25 our allegations. 25 A. I'm sorry. Which exhibit?

Page 320 Page 322
1 Q. Exhibit 6. 1 statements, or omitted information in reference to the

2 A. Okay. 2 following...
3 Q. The last pages. 3 Q. And then there are 11 items?
4 First, let me ask you to identify. Is this your 4 A. Correct.
5 interview on 11/26/13 with Kim Celaya? 5 Q. And then what's the further allegation?
6 A. Yes, it is. 6 A. It is further alleged that on Sunday,
7 Q. And what are the last two pages? 7 November 24th, 2013, sometime between the hours of 2:00
8 A. The last two pages are the notice of 8 a.m. and 2:30 a.m., you committed the misdemeanor
9 investigation. One for the subject employee, and that 9 offense of assault, domestic violence, by...
10 was Lieutenant Celaya, and the other is the notice of 10 Q. And then there's three items listed?
11 admonishment for her employee rep. 11 A. Correct. There's one additional further on
12 Q. Is this notice of investigation sometimes called 12 there as well.
13 a Garrity warning? 13 Q. Go ahead.
14 A. The Garrity warning are included in the notice 14 A. I don't know if -- okay.
15 of investigation, yes. 15 Q. Yeah.
16 Q. What is the significance of giving a Garrity 16 A. It is further alleged that on Sunday November
17 statement here? 17 24th, 2013, sometime between the hours of 4:30 a.m. and
18 A. So the employee knows that anything they share 18 5:00 a.m., you told Acting Sergeant Joe Pinuelas he did
19 with the internal investigator -- we do not speak with 19 not need to call his boss to report your physical
20 -- if there's a criminal or a concurrent criminal 20 condition and you requested he keep it confidential.
21 investigation going, or at any point if there's a 21 Q. Is that it?
22 criminal investigation going, what we learn in our 22 A. Yes.
23 internal investigation is not shared with a criminal 23 Q. Okay. Exhibit 14 in the blue book, please.
24 investigation. 24 What is this?
25 Q. Does it obligate her to give answers? 25 A. This is the interview with Alliyah Beard.
Page 321 Page 323
1 A. Yes, it does. It compels them that they do need 1 Q. It's a summary, not a transcript?
2 to answer truthfully in the internal investigation. 2 A. Correct.
3 Q. Looking at the little paragraph that explains 3 Q. Why didn't you transcribe it?
4 what her conduct is. The last, the last phrase, 4 A. The -- our interview with Ms., with Alliyah
5 ultimately, would you read after the word ultimately? 5 Beard was specific to one incident. We were trying to
6 A. Ultimately culminated into a physical 6 determine corroboration, either corroborating with
7 altercation in which you struck Alvin Beard several 7 Lieutenant Celaya's version or corroborating with the
8 times inside of a vehicle while near Estrella Parkway in 8 witnesses. It was a short interview, so a short
9 the City of Goodyear. 9 recording. I think the interview lasted maybe 10 to
10 Q. And Exhibit 7, is this your December 2nd, 2013, 10 15 minutes at most. So there really wasn't a need to do
11 interview with Kim Celaya? 11 a complete transcription.
12 A. That is correct. 12 Q. Turning to the second page of that summary,
13 Q. And turning to the last two pages, what are the 13 third paragraph down, Alliyah stated.
14 last two pages? 14 A. Alliyah stated she initially found out about
15 A. This is the amended notice of interview. This 15 what occurred was from Keila and that she was trying
16 was served to Lieutenant Celaya before the second 16 stop it. Alliyah stated that her dad also told her
17 interview commenced with the additional allegations. 17 about it and told her that Kim had kicked him first and
18 Q. Could you summarize the additional allegations? 18 that he hit her to stop her from kicking him.
19 A. Summarize or read them? 19 Q. That's what Alliyah told you?
20 Q. No. I'd like you to read me the opening 20 A. Yes.
21 paragraph there. 21 Q. Exhibit 16, please, same book. What is this?
22 A. Okay. 22 A. This is a memorandum authored by Deputy Chief
23 It is alleged that during your interview with 23 Rogers in regards to his initial meeting with Lieutenant
24 PSU investigators on Tuesday November 26, 2013, you gave 24 Celaya.
25 false or misleading or misrepresented information and/or 25 Q. And what date did he write it?

Page 324 Page 326
1 A. November 25th, 2013. 1 maybe a lack of understanding or an interpretation on

2 Q. Exhibit 17. What is this? 2 what we meant -- when I say we, my partner and I
3 A. This is a notice of administrative leave. 3 meant -- when we asked the question where did your
4 Q. To Lieutenant Celaya? 4 evening start. And I haven't really spoken to the chief
5 A. Correct. 5 as to why this was exonerated, but my feeling is based
6 Q. Exhibit 18. What is this? 6 on Lieutenant Celaya's interpretation of that question,
7 A. This is a notice of recommendation of 7 I guess a misunderstanding.
8 termination that was dated December 27th, 2013. 8 Q. When you asked her, where did your evening
9 Q. And Exhibit 19? 9 start, where did she tell you it started?
10 A. This is the notice of the termination dated 10 A. In Chandler.
11 January 17th, 2014. 11 Q. And where had it actually started?
12 Q. Who writes this up for the chief? Did you -- 12 A. In, at Majerle's Sports Bar in Goodyear.
13 let me rephrase the question. 13 Q. Was there another allegation exonerated on page
14 Did the IA investigators draft this? 14 two?
15 A. No. 15 A. Yes.
16 Q. The findings for Allegation 1, of what? 16 Q. What was that? Can you summarize?
17 A. Sustained. 17 A. Again, in that same, during the same
18 Q. What's the paragraph that lists the conduct? 18 questioning, Lieutenant, initially Lieutenant Celaya
19 A. It was found that on November 24th, 2013, 19 stated that she had picked up Al, Wayne, and Keila, and
20 Lieutenant Celaya, while off duty, engaged in a verbal 20 they drove to Chandler. Again, during our investigation
21 argument and physical altercation with Alvin Beard, 21 we learned that it was actually Al that had, was using
22 domestic partner of three years, during which time she 22 Lieutenant Celaya's vehicle, had drove to Lieutenant
23 was yelling, disruptive and using vulgarities while a 23 Celaya's house, picked her up, the two of them drove to
24 passenger in a moving vehicle. Lieutenant Celaya struck 24 the Majerle's Sports Bar, which is in Goodyear, where
25 Mr. Beard several times and kicked him in the head/neck, 25 they actually met Wayne and Keila there. They were
Page 325 Page 327
1 head, slash, neck, at least three times resulting in 1 there for several hours, and then the four of them drove
2 injury to Mr. Beard, during which time another passenger 2 together, with Al being the driver, driving Lieutenant
3 in the vehicle wrestled to restrain her. 3 Celaya's vehicle, to Chandler.
4 Q. When the chief made the final decision on this 4 And again, the, based on the chief's wording
5 case, did he exonerate Lieutenant Celaya on several of 5 here:
6 the allegations? 6 When questioned during your second interview,
7 A. Yes, he did. 7 you admitted that your initial information was
8 Q. Okay. Turning to page two of Exhibit 19. What 8 inaccurate. I can understand how you may have
9 are the items for which he exonerated her? 9 misinterpreted this question.
10 A. Amended findings for Allegation 1 and 2. 10 Q. Turning to page three. Was the 4th allegation
11 Q. Can you summarize? 11 sustained?
12 A. Yes. And when we conducted our interview with 12 A. Yes.
13 Lieutenant Celaya, our initial interview, one of the 13 Q. And can you summarize the allegation?
14 questions we asked Lieutenant Celaya is when did your 14 A. During our interview, one of the questions we
15 evening start. She stated that her evening started when 15 asked Lieutenant Celaya was how many alcoholic beverages
16 she picked up Al, Wayne, and Keila, and they drove to 16 she had consumed that evening. During the first
17 the bar, a bar in Chandler, I believe around 10:00 or 17 interview, her initial answer to that was four. When we
18 11:00 p.m. During our investigation, we learned that 18 determined that that was not accurate, that it was
19 the evening actually didn't start there, but it actually 19 actually nine to 10 beverages that she had consumed,
20 had started around 6:00 p.m. that evening at Majerle's 20 there was a definite discrepancy in those two answers.
21 Sports Bar and Grill, which is in the city of Goodyear. 21 Q. Did you regard that to be a significant
22 Do you want me to read why there was an 22 discrepancy?
23 exoneration, or what -- 23 A. Yes.
24 Q. No. Summarize it. 24 Q. Explain.
25 A. I believe the exoneration was interpretation -- 25 A. We felt that in this incident alcohol played a

Page 328 Page 330
1 significant role in the behavior, and during the time 1 video, at the time he is leaving, where he actually
2 frame of when the evening started to when this incident 2 takes his final drink and sets his glass on the counter
3 actually occurred, the difference between a person 3 and kind of slides it forward, her back is actually to
4 consuming four alcoholic beverages and consuming nine to 4 him.
5 10 alcoholic beverages would be significant in one's 5 Q. What is the significance of her saying Al
6 decision making abilities. 6 slammed his drink down?
7 Q. The 5th and 6th allegations were sustained? 7 A. It's not accurate. I mean, it didn't occur that
8 A. Correct. 8 way. The significance of that statement, I don't know.
9 Q. And what do those regard? 9 But I can -- the significance is that that event did not
10 A. During the interview with Lieutenant Celaya, she 10 occur.
11 indicated from the time that she and the other members 11 Q. Does it portray Al in a certain manner?
12 in her party had left Chandler to drive back to Goodyear 12 A. It portrays him angry and, maybe, things leading
13 that nothing had occurred during that vehicle ride, 13 up outside because of his anger. But the witnesses give
14 which I'm assuming is approximately about an hour. Yet 14 us a different account of what occurred, that he wasn't
15 witnesses were very clear that Lieutenant Celaya was 15 angry, and that, it was evident that he did not slam his
16 disruptive and disorderly in the vehicle. That's what 16 glass.
17 that allegation was in reference to. 17 Q. On page three, still on Exhibit 19,
18 Q. Did you regard that as a significant omission on 18 Allegation/Count 8. Actually, would you read that,
19 her part? 19 please?
20 A. Yes. 20 A. Lieutenant Celaya stated during the interview on
21 Q. Explain. 21 November 26th and December 2nd, 2013, that she struck
22 A. Based on the witness information, Lieutenant 22 Alvin Beard twice in the arm, he punched her in the
23 Celaya not only was disorderly and disruptive, but that 23 face, and then she kicked him in the head one time;
24 was a, somewhat of a precursor that started things that 24 when, in fact, witnesses informed PSU that Lieutenant
25 evening. There was a verbal altercation that occurred 25 Celaya struck Alvin Beard in the arm, after which Alvin
Page 329 Page 331
1 in the vehicle; there was mentioning of, of Al being 1 Beard then told Lieutenant Celaya not to hit him again.
2 either smacked in the arm or in the face by Lieutenant 2 Lieutenant Celaya then struck him in the arm again, and
3 Celaya, there was cursing, yelling going back and forth. 3 while a passenger tried to restrain her, she kicked
4 And so that added to, to the culmination of events at 4 Alvin Beard in the head/neck three times, at which point
5 the end of the evening. 5 Alvin Beard stopped the vehicle in the middle of the
6 Q. Allegation 7 was sustained, correct? 6 road and struck her once in the face. In response,
7 A. Yes. 7 Lieutenant Celaya kicked Alvin Beard in the head/neck a
8 Q. And summarize that allegation. 8 fourth time. Lieutenant Celaya admitted during her
9 A. During our interview with Lieutenant Celaya, she 9 second interview on December 2nd that she struck Alvin
10 indicated that, while at the Roman's Oasis bar, which 10 Beard twice and then kicked him in the head only after
11 was the last location they were at in Goodyear, that, 11 he struck her in the face.
12 that Al was upset at Lieutenant Celaya and had slammed a 12 Q. Was Lieutenant Celaya dishonest in her
13 beverage, or a glass, on the bar counter and stormed out 13 November 26th and December 2nd interview?
14 of the bar. This was not corroborated initially by 14 A. Yes.
15 witness statements, those being Al and Wayne, I'm sorry, 15 Q. About those matters?
16 Keila and Wayne. But when we were able to obtain video 16 A. Yes, she was.
17 surveillance of the inside of the bar, I had mentioned 17 Q. Allegations 9, 10, and 11, can you summarize?
18 earlier that the video camera position was in an area 18 A. This was what I referenced earlier, why we
19 almost directly, I believe, above or to the side of 19 conducted an interview with Alliyah. There was a
20 where Lieutenant Celaya and her party were at at the 20 discrepancy -- Lieutenant Celaya indicated that after
21 bar, where you could clearly see Al and his movement, 21 she had walked home, everyone had left her residence and
22 and at no point, or any time, is he observed to be 22 she drove herself to West Valley Hospital; when, in
23 slamming a glass and storming out. And, in fact, 23 fact, Keila and the other witnesses stated that Keila
24 Lieutenant Celaya said, not only did she hear it, but 24 stayed at the residence and actually left with
25 she actually watched him slam his glass. And in the 25 Lieutenant Celaya, which was corroborated by Alliyah

Page 332 Page 334
1 Beard. 1 worksheet Celaya is listed as the victim and Beard as

2 Q. On page four, findings for allegations, then, 2 the suspect due only to the fact Celaya was the only
3 there's criminal conduct. 3 person to bring the incident to the attention of the
4 What criminal conduct did the police department 4 police. At this stage of the investigation no charges
5 find she had committed? 5 are pending on either party involved.
6 A. It was found out that on November 24th, 2013, 6 Q. Exhibit 21, letter to Chief Geier from the
7 Lieutenant Celaya, while off duty, committed the 7 Maricopa County Attorney's office, March 6, 2014. What
8 misdemeanor offense of assault, domestic violence by 8 is this?
9 intentionally and knowingly or recklessly physically 9 A. This is the -- Keith Manning who is the Maricopa
10 striking and kicking Alvin Beard, a domestic partner of 10 County Law Enforcement Liaison between the County
11 three years, causing him physical injury. Mr. Beard had 11 Attorney's office and the police department, he's making
12 spinal/neck surgery in December of 2012 and January of 12 notification that Lieutenant Celaya is going to be
13 2013 and is still in recovery under medical care. 13 included on the integrity database of the Brady list, in
14 Mr. Beard was seen by medical staff at West Valley 14 essence.
15 Hospital on the morning of November 24, 2013, for pain 15 Q. And what's the Brady list?
16 as a result of being kicked in the head/neck. Mr. Beard 16 A. The Brady list, when an officer is, has
17 had a CT scan and was given pain medications. 17 committed a criminal offense or is found to be
18 Q. Next paragraph. 18 untruthful, or there is other certain criteria where
19 A. It was found that on November 24th, 2013, 19 there's a conduct so egregious where their testimony in
20 Lieutenant Celaya, while off duty, committed the 20 court may lack credibility, we are obligated -- I say we
21 misdemeanor offense of assault, domestic violence by 21 as departments -- when we have sustained findings of
22 intentionally, knowingly, or recklessly physically 22 untruthfulness or criminal conduct, or any other conduct
23 striking and kicking Alvin Beard, domestic partner of 23 that would bring discredit to an agency, our
24 three years, with the intent to injure, insult or 24 investigation, upon completion is forwarded to Keith
25 provoke Alvin Beard. 25 Manning, and there's a panel that reviews it to
Page 333 Page 335
1 Q. And the next? 1 determine if that officer is, if their actions, based on
2 A. It was found that on November 24th, 2013, 2 our investigation, should be disclosed to defense.
3 Lieutenant Celaya, while off duty, committed the 3 And so there's a database that's maintained at
4 misdemeanor offense of disorderly conduct, domestic 4 the County Attorney's Office that, should Lieutenant
5 violence by intentionally disturbing the peace or quiet 5 Celaya have to be subpoenaed on a criminal case, the
6 of another, by engaging in fighting, violent or 6 prosecution has, must supply that information to defense
7 seriously disruptive behavior, or making unreasonable 7 should there be exculpatory or impeachment evidence
8 noise or using abusive or offensive language or gestures 8 based on prior conduct on the officer.
9 to any person present in a manner likely to provoke 9 Q. Thank you. I'd like to go back to your
10 immediate physical retaliation by such person. 10 interview of Al, Wayne, and Keila. Where did you
11 Q. And were those allegations of criminal conduct 11 interview them?
12 sustained? 12 A. At Wayne and Keila's residence.
13 A. Yes, they were. 13 Q. When you interviewed Al, where were the others?
14 Q. What happened to Lieutenant Celaya at the police 14 A. In a bedroom. I believe, in fact, I believe
15 department? What was the outcome of this case? 15 Keila was outside with her children, and Wayne was in a
16 A. She was terminated. 16 back bedroom.
17 Q. Did she appeal the termination? 17 Q. When you were interviewing Al, could Keila and
18 A. No, she did not. 18 Wayne hear the interview?
19 Q. Exhibit 20. What is this? 19 A. No.
20 A. This is the incident report that the, when 20 Q. When you interviewed Keila, could Al and Wayne
21 Deputy Chief Rogers had called MCSO, the two detectives 21 hear the interview?
22 that came out, this is their report. 22 A. No.
23 Q. On page two of two, next to last paragraph, it 23 Q. When you interviewed Wayne, could Keila and Al
24 should be noted. Would you read that? 24 hear the interview?
25 A. It should be noted on the domestic violence 25 A. No.

Page 336 Page 338
1 Q. After you conducted those inter -- oh, when you 1 to speak, getting in trouble. But we were very clear
2 arrived at the residence, who was with you? 2 that we were there to investigate policy violations. We
3 A. My partner, Joe Pacello. 3 also were very clear that we don't, my partner and I
4 Q. And what did you -- who came to the door? 4 don't, determine discipline. We explained that we do
5 A. Initially? 5 the internal investigation. Again, that we don't share
6 Q. Yes. 6 with criminal, so regardless of what they told us, there
7 A. Oh -- 7 was nothing that would be told a criminal investigator.
8 Q. If you remember. 8 And we prepare a report that goes to our chief, and our
9 A. I don't, I don't recall who answered the door. 9 chief is the one that ultimately determines whatever --
10 I do, I do recall that my partner had met Al on a few 10 if or if there is not going to be discipline.
11 prior occasions. I don't know if they had worked out 11 Q. Anything else in the introductions that you can
12 together. I don't know the circumstances. But I think 12 remember?
13 I had only me Al on one prior occasion. It was just in 13 A. Nothing specific that I can recall.
14 passing, meeting him, shaking his hand. I did not have 14 Q. Al was staying with Keila and Wayne from the
15 a rapport with him, so we felt, my partner and I felt, 15 time this event happened until the time you were
16 it was best that Sergeant Pacello kind of take the lead, 16 interviewed, correct? Al was staying at Keila's house.
17 so to speak, break the ice. So he actually met with -- 17 A. I believe so, yes.
18 when Al came to the door -- and I don't know if Al came 18 Q. Did you make any assumptions about whether they
19 to the door initially or if it was Wayne and Keila and 19 would have talked about the events or not before you
20 they got Al, it was my partner that initially was 20 interviewed them?
21 speaking with Al as to why we were there. 21 A. Well, living in the same house, I would imagine
22 Q. And were both you and Sergeant Pacello present 22 that this was a, probably a hot topic for at least a day
23 when you spoke to all of them? 23 or two. So I would, I don't want to assume, but I would
24 A. Yes. 24 guess that, since they're living in the same house,
25 Q. Were the three of them together when you gave 25 there is probably going to be some talk about what
Page 337 Page 339
1 them the introduction? Or did you speak only 1 occurred. I don't see them just not -- this incident
2 individually to them? 2 occurring and everyone just kind of ignoring it. I
3 A. No. I believe the three of them were together. 3 would think there is probably some conversation about
4 Q. And what kind of introduction was given? 4 what had happened.
5 A. Well, we explained why we were there. 5 Q. After you had interviewed each one of them, did
6 Q. And what did you say? 6 you find their statements to be identical?
7 A. That there was, we became aware of an incident 7 A. No.
8 that had happened, I believe it had been two days prior 8 Q. Is there any significance to the fact that their
9 at this point, or three days prior, I don't remember the 9 statements weren't identical?
10 exact time frame. I believe all three of them gave 10 A. That's one thing that my partner and I talked
11 indication that they knew at some point we would be 11 about is if we go talk to them and their statements are
12 there. In fact, Al even indicated that MCSO deputies 12 identical, there's going to be -- we would have an issue
13 had been to his house to ask about the criminal -- 13 with that, as an investigator. Each person is going to
14 Did you want me to tell you what my partner 14 have their own perception and view. And with this
15 said, or does he need to say that? 15 incident occurring in a vehicle and people sitting in
16 Q. No. I want you to tell me what was said. 16 different areas within a vehicle, they're all going to
17 A. Okay. So my partner explained that we were, we 17 see and hear different things.
18 were not there to conduct a criminal investigation; we 18 And that's what we learned in our investigation
19 were there to conduct the internal investigation for 19 is that things that Wayne saw, Keila may not have seen.
20 policy violations. And my partner made it very clear 20 Things that Keila saw or heard, Wayne did not see;
21 that the information that we gathered during our 21 things that Al said, Keila may not have seen but heard.
22 investigation would not be shared with a criminal 22 So there was nothing that alarmed us that there was some
23 investigator. 23 type of conspiracy where they came together and said oh,
24 All three of them indicated that they didn't 24 this is, here's our script, this is what we're going to
25 wanted to get, be responsible for Lieutenant Celaya, so 25 say. There was enough to where they saw -- they were

Page 340 Page 342
1 telling us what they individually saw and heard. I 1 a distinct difference in what the witnesses and what Al
2 don't believe that there was any type of conspiracy. 2 told us occurred.
3 Q. In any general way, did their statements 3 The slamming the glass in the bar was another
4 corroborate each other? 4 incident where it was apparent to my partner and I that
5 A. Yes. 5 that did not occur. Yet she was adamant that she not
6 Q. In what way? 6 only heard it but watched that happen.
7 A. Specifically, Lieutenant Celaya's disruptive 7 The events that occurred after Lieutenant Celaya
8 behavior, the striking, not referring to the kicks but 8 had walked home and said that she had left on her own in
9 Al being hit by Lieutenant Celaya on the arm, Al telling 9 her daughter's vehicle driving to West Valley Hospital;
10 Lieutenant Celaya to stop hitting him, and then the 10 when, in fact, the witnesses tell us that, no, it was
11 incident that that occurred at the Roman's Oasis with 11 Keila and Lieutenant Celaya that actually drove to
12 the discrepancy between Lieutenant Celaya saying the 12 Lieutenant Celaya's residence and actually -- I believe
13 drink was slammed and Al stormed out, to the other two 13 it was Lieutenant Celaya's. I'm trying figure out where
14 witnesses saying that didn't occur, to ultimately the, 14 they were. I'm sorry. Drove to Wayne and Keila's
15 the kicking in the vehicle where Al, Wayne, and Keila 15 residence, and there was another confrontation with Al,
16 were very clear and direct that, that Lieutenant Celaya 16 which Lieutenant Celaya denied.
17 had kicked Al in the head at least once. 17 Q. Anything else you can recall?
18 And, again, each person in the vehicle saw and 18 A. Not that I can think of. Those are the ones
19 heard something different, but all were consistent in 19 that stand out.
20 that Lieutenant Celaya had kicked Al in the head at 20 Q. POST also alleges that Lieutenant Celaya
21 least one time prior to him turning and striking her. 21 committed assault. I'm going to read you from the
22 Q. POST has alleged that on November 23rd and 24, 22 assault statute and then ask a question.
23 2013, Lieutenant Celaya hit her boyfriend and kicked him 23 A person commits assault by intentionally,
24 in the head. Did Lieutenant Celaya admit that to you? 24 knowingly, or recklessly causing any physical injury to
25 A. Yes. 25 another person.
Page 341 Page 343
1 Q. And did the testimony of the other witness 1 Do you believe Lieutenant Celaya committed
2 corroborate that? 2 assault?
3 A. Yes. 3 A. Yes.
4 Q. POST also alleges that on, in your two 4 Q. Explain.
5 interviews, December 26th and -- or excuse me -- 5 A. Is that the 1203(A)(1) that you read?
6 November 26th and December 2nd that she was dishonest to 6 Q. Yes.
7 IA investigators about the events that happened that 7 A. Because I believe there was a couple -- there
8 night. 8 may have been a 1203(A)(1) and (A)(2) --
9 Did you find evidence to indicate she was 9 Q. Right. But I'm going with (A)(1).
10 dishonest? 10 A. Okay. For the causing physical injury, Al --
11 A. Yes. 11 actually, I believe Lieutenant Celaya even admitted that
12 Q. Can you summarize the dishonesty? 12 she saw Al go to the hospital the same morning. Al
13 A. Each aspect, or are we just talking about the 13 indicated to my partner and I that, because of the
14 vehicle, or which -- 14 kick -- he had had two neck surgeries within, I believe,
15 Q. Each aspect, if you can recall. Or we can look 15 the past year -- and because of that kick, he had to
16 at documents if you need to. 16 have his daughter take him to the hospital. He was
17 A. Going back to the initial, where the evening 17 having pain. He had to have a CAT scan or CT scan, and
18 started to the -- I'm trying to play this, the timeline 18 was also given medication, pain medication. And was
19 in my head right now. 19 advised to follow up with his neck doctor, neck
20 In the vehicle, that the kicking Al, Lieutenant 20 specialist, for further evaluation later.
21 Celaya's stance is that she did not kick Al, she did 21 Q. POST also alleges Lieutenant Celaya committed
22 that as a result of being punched, and then she kicked 22 disorderly conduct, A.R.S. 13-2904(A)(1). I'll read it
23 him as self-defense or retaliation. I don't recall 23 to you and then ask you a question.
24 exactly. But she was adamant that her kicking him in 24 A person commits disorderly conduct if with
25 the head was after he struck her in the face. There was 25 intent to disturb the peace or quiet of a neighborhood,

Page 344 Page 346
1 family, or person, or with knowledge of doing so, such 1 A. Yes, I have.

2 person engages in fighting, violent or seriously 2 MS. BECK: That's all I have. Oh, no I'm sorry.
3 disruptive behavior. 3 BY MS. BECK:
4 Did Lieutenant Celaya commit disorderly conduct 4 Q. POST also charges malfeasance, misfeasance, or
5 under the statute? 5 nonfeasance. Do you believe she violated those rules?
6 A. Yes. 6 A. Yes.
7 Q. Explain. 7 Q. Do you believe her conduct tends to disrupt,
8 A. I believe there's a couple of aspects to that. 8 diminish or jeopardize public trust in law enforcement
9 There's the disorderly conduct being the disruptive 9 profession?
10 behavior. That was attributed to the, at minimum, the 10 A. Yes, it does.
11 drive between Chandler and Goodyear where Lieutenant 11 MS. BECK: Thank you.
12 Celaya -- there was a verbal altercation where 12 ALJ EIGENHEER: Why don't we take a short
13 Lieutenant Celaya was being disruptive. The witnesses 13 recess.
14 said that Lieutenant Celaya was being disruptive in the 14 MS. BAILLIE: May I have ten minutes?
15 vehicle, had, was, was shaking her butt between, Al and 15 ALJ EIGENHEER: Yes, you can. We'll go off the
16 Wayne were sitting in the driver and passenger seat, she 16 record at this time.
17 had turned and was shaking her butt. Apparently there 17 (Recess taken from 10:24 a.m. to 10:42 a.m.)
18 was a police officer that was close by. No one in the 18 ALJ EIGENHEER: We're back on the record.
19 vehicle wanted attention drawn to them. That caused a 19 Cross?
20 verbal argument between Al and Lieutenant Celaya. At 20 MS. BAILLIE: Yes. Thank you, Your Honor.
21 some point in the, during that car ride, there was a lot 21
22 of cursing going back and forth, and Keila actually 22 CROSS-EXAMINATION
23 stated that she had to hold Lieutenant Celaya's hand to 23 BY MS. BAILLIE:
24 prevent her from, from hitting Al during that car ride. 24 Q. Sergeant Hughes, have you talked to Nancy Beck
25 That would be the disorderly aspect. 25 about your testimony today?
Page 345 Page 347
1 To continue with that, you also have the 1 A. What I have testified to today?
2 fighting. I believe it was mentioned that she had 2 Q. Yeah. Have you talked to her prior to your
3 struck Al at least two times on the arm, once after 3 testimony?
4 being, he told her don't hit me again, and then that 4 A. I talked to her several times over the last
5 culminated to the kicking in the head. Which there was 5 several months in preparation for this.
6 a fight that ensued, because Al did turn and strike her 6 Q. Okay. And when's the last time you spoke to her
7 after being kicked. 7 about this case?
8 Q. Does the number of drinks that Lieutenant Celaya 8 A. Yesterday.
9 had that evening excuse assault or disorderly conduct? 9 Q. All right.
10 A. No. 10 A. And this morning.
11 Q. POST also charges that she committed false 11 Q. Okay. And did she tell you anything about the
12 reporting, that is during her interviews. I think you 12 testimony of the witnesses from yesterday, what they
13 sort of already summarized the dishonesty, but I want to 13 had --
14 ask you if she violated the false reporting statute, 14 A. No.
15 which is: It's unlawful for a person to knowingly make 15 Q. -- what they had testified to?
16 to a law enforcement agency of either this or a 16 A. She did not.
17 political subdivision, false, fraudulent or unfounded 17 Q. Okay. How long have you been with Goodyear?
18 report or statement or to knowingly misrepresent a fact 18 A. A little over eight years.
19 for the purpose of interfering with the orderly 19 Q. All right. And you stated that you and Sergeant
20 operation of a law enforcement agency or misleading a 20 Pacello drafted the internal affairs report, correct?
21 police officer. 21 A. Yes, ma'am.
22 In your opinion, did she commit false reporting 22 Q. You also talked about -- actually, Ms. Beck had
23 in her interviews? 23 asked you who drafted the notice of termination letter
24 A. Yes. 24 that was dated for January 17th, 2014.
25 Q. And have you already summarized the reasons? 25 Do you know who drafted that? She asked you if

Page 348 Page 350
1 IA had drafted it, and you said IA did not draft it. 1 investigation is it common for Goodyear to contact the
2 A. IA -- correct. IA does not. I believe that 2 principal first, instead of the witnesses, in an
3 comes from the City Attorney. 3 investigation?
4 Q. Okay. You actually drafted aggravating and 4 Kim is the principal in this case, right?
5 mitigating, correct? 5 A. The subject.
6 A. I don't recall if we did. I would have to look 6 Q. Oh, so Goodyear calls them the subject?
7 at the actual report if I can. I don't remember, 7 A. I was confused because Keila works at a school.
8 because we have not done that on every case, aggravating 8 So when you said principal, I wasn't sure what you were
9 and mitigating factors. 9 referring to.
10 Q. Okay. All right. For this particular, 10 But for our investigation, yes, we have either
11 January 17, 2014 notice of termination, do you believe 11 subject or witness.
12 that this was drafted by Human Resources personnel? 12 Q. Okay. So using the term subject of the
13 A. The notice of termination? 13 investigation, was -- Kim was the subject of the
14 Q. Yes. 14 investigation.
15 A. No. I believe that the notice of termination, I 15 Is it common practice for Goodyear IA to
16 believe comes from our city legal department. 16 investigate, or to interview, the subject prior to
17 Q. For the chief's signature? 17 talking to the witnesses?
18 A. I believe so. 18 A. I don't know that we have a consistent -- it's
19 Q. Okay. And -- okay. But you don't know, you're 19 case by case. There are going to be times where we have
20 assuming that they summarize what your report has 20 an allegation on an officer where they're interviewed
21 already stated, right? 21 first, or we may have a complainant that comes in, and
22 A. No. 22 so because we have the complainant in front of us, we
23 Q. Okay. 23 would conduct the interview with the complainant first.
24 A. What happens is we will submit our findings, our 24 So I don't know that there is a specific way; that we
25 final report, to the chief. 25 always do the subject first or we always do a witness
Page 349 Page 351
1 Q. Okay. 1 first. It's case by case.

2 A. The chief will ultimately sustain, exonerate, 2 Q. All right. Why didn't you go talk to Al first?
3 whatever findings, because he's the ultimate authority; 3 A. Because we had Lieutenant Celaya's version of
4 he put his stamp of approval on what he believes to be 4 events from Deputy Chief Rogers, so that's where we
5 the findings. And then, if there's discipline that's 5 decided to start from.
6 going to be attached to this incident, typically he will 6 Q. Okay. So then you decided to talk to Lieutenant
7 request that, either myself or my partner, email a copy 7 Singleton first, which you did.
8 of the same report to our city attorney. I don't know 8 A. I don't recall the order of who we spoke with at
9 if the city attorney works with HR, but that's where 9 which time.
10 they, they get the findings in that draft, I'm sure, 10 Q. Okay.
11 because it looks identical to what our final report 11 A. There was no significance to the order of our
12 looks like, that's where they are getting that 12 interviews, if that's the question.
13 information from. 13 Q. Okay. Now, you said that you talked to Jeff
14 Q. Okay. All right. I understand the process now. 14 Rogers. Did you talk to Jeff Rogers off the record in
15 Okay. 15 regard to this matter?
16 So I have a few questions about this report that 16 A. There was nothing off record. It was, I think
17 you drafted. And you stated with Nancy Beck that, first 17 really the first time we talked to him was the meeting
18 of all, there were missing details, or some information 18 with the chief, if I recall.
19 that was missing that the other three witnesses, and 19 Q. Okay. So was Jeff Rogers in the room when you
20 that would have been Al Beard, that would have been 20 spoke with the chief?
21 Wayne Bearden, and then that would have been Keila 21 A. In the chief's office.
22 Mincey, had actually filled in some of those pieces and 22 Q. So you spoke face to face with the chief and
23 gave you more information, correct? 23 Jeff Rogers.
24 A. Correct. Including Alliyah Beard as well. 24 Was Sergeant Pacello there with you?
25 Q. And Alliyah. Okay. All right. Now, in an 25 A. I believe so, yes.

Page 352 Page 354
1 Q. Okay. And so Chief Geier, that's the Chief of 1 Pacello -- but you were in the room, correct, when
2 Goodyear? 2 Singleton was being interviewed?
3 A. Yes, ma'am. 3 A. Yes, I was.
4 Q. He advised you or asked you to do an 4 Q. And the interview would have been November 25th.
5 investigation, correct? 5 And you can look at Singleton's investigation in POST
6 A. Correct. 6 13, which I believe is going to be in the green book.
7 Q. Did Jeff Rogers say anything in that meeting in 7 A. I have it here.
8 regard to this investigation? 8 Q. Oh, you do? Okay.
9 A. Yes. 9 A. The 4th tab, interview with Lieutenant
10 Q. Okay. What did he say in that meeting? 10 Singleton, yes. November 25th at 6:25 in the evening.
11 A. He gave us a summary of his conversation with 11 Q. Okay. And when you start off speaking with
12 Lieutenant Celaya that had happened, I believe, the day 12 Lieutenant Singleton, you indicate that, that you've
13 before at the Starbucks and, ultimately, whatever 13 been aware, or IA has been made aware, of an incident
14 conversation they had at the police department. 14 involving Lieutenant Kim Celaya concerning an off-duty
15 Q. When did you have this meeting with Chief Geier 15 incident involving domestic violence. And you're asking
16 and with Jeff Rogers being present? When was that? 16 Lieutenant Singleton if he's aware of that, and he says
17 A. Can I refer to -- 17 he is. Do you remember that?
18 Q. Absolutely. 18 A. Yes.
19 A. I'm not sure which one. 19 Q. Okay. And then at that point you ask, or excuse
20 Q. Do you want to look at your internal affairs 20 me, Sergeant Pacello asks Lieutenant Singleton: How
21 report? 21 were you made aware of this incident? Which is the
22 A. I believe it's actually mentioned in there. 22 domestic violence incident, correct?
23 Q. Okay. So you're going to go to Tab 4. And it 23 A. Correct.
24 says the morning of November 25th. That would be page 24 Q. And then at that point, that's when Lieutenant
25 three? 25 Singleton begins talking about, he just gets off work
Page 353 Page 355
1 A. Yes. 1 and at 5 o'clock he gets a phone call from Sergeant

2 Q. Okay. So that's the date that you had this 2 Pinuelas.
3 meeting with Chief Geier and Deputy Chief Rogers? 3 A. Correct.
4 A. That is correct. 4 Q. Okay. All right. Now, when you interviewed
5 Q. Okay. So we know that Jeff Rogers actually 5 Al -- do you remember interviewing Al Beard?
6 drafted a memo and he provided that memo to you. It's 6 A. Yes, I do.
7 actually addressed to you, as well as Sergeant Pacello. 7 Q. Okay. And when you interviewed Al Beard, you
8 Do you know when he drafted that memo? What 8 interviewed him on November 26 and roughly around 4:33
9 time? We know that the date is November 25th. Do you 9 in the afternoon. And, again, it says that you,
10 have a time frame? 10 Sergeant Hughes, was the interviewer of Al; is that
11 A. I don't. 11 correct?
12 Q. Okay. When Jeff Rogers was speaking with you in 12 A. This was both my partner and I. All the
13 the meeting with Chief Geier, did he indicate that he 13 interviews done in this investigation were joint
14 had written a memo? 14 interviews.
15 A. I don't recall if that came up. 15 Q. Okay. All right. So as you're talking to Al --
16 Q. Okay. Did Chief Geier tell Jeff Rogers in that 16 and you stated that you had talked to Al, Wayne, and
17 meeting to draft a memo? 17 Keila about your purpose being there; is that correct?
18 A. Again, I don't recall if he did or not. 18 A. When we first arrived.
19 Q. Okay. So you initiate an investigation, and 19 Q. Okay. You had them all in the kitchen saying,
20 then you're going to speak first with sergeant -- excuse 20 this is who we are and we're here investigating
21 me -- Lieutenant Singleton, correct? 21 administrative policy?
22 A. If that's what we have. Like I said, I'd have 22 A. Correct.
23 to look to see what the order of our interviews were. 23 Q. Not criminal?
24 Q. All right. Now, when you spoke with Lieutenant 24 A. Yeah. Very clear that it was not criminal.
25 Singleton, you -- actually, I guess it was Sergeant 25 Q. Okay. Why didn't you have the recorder on at

Page 356 Page 358
1 that point? 1 1, correct?

2 A. We had not started an interview yet. 2 A. Correct.
3 Q. All right. But you had begun speaking with 3 Q. Okay. So the first thing you say on 74 is Al,
4 witnesses, potential witnesses, correct? 4 we, Joe and I, kind of told you why we're here. We're
5 A. Correct. 5 here to talk to you about an incident that occurred this
6 Q. Okay. At any point during that initial 6 past Saturday. And then Sergeant Pacello states, Sunday
7 conversation with the witnesses, did you say that Kim 7 morning. And then you agree, Sunday morning.
8 was not going to get in trouble? 8 Do you see that?
9 A. I don't recall. And if that was brought up, it 9 A. Yes.
10 would have been in reference to the criminal aspect, 10 Q. Okay. And then, you then also say, because you
11 that she would not be in trouble criminally, because we 11 and Kim were present during this incident with mutual
12 already knew that there was no cooperation, and that 12 friends, Wayne and Keila. All right.
13 case was done as an incident. It wasn't even done as a 13 So at that point you're, on 92, you say, just to
14 criminal case report. 14 do a brief history. So you're getting into a brief
15 Q. All right. But, again, did you -- never mind. 15 history of how long they have been dating, right?
16 Strike. 16 A. Correct.
17 So as you start speaking with Al Beard -- and I 17 Q. Okay. And then, then you ask Al about if they
18 don't know if you remember the exact conversation, so I 18 were still living together, and he said no, right? 119?
19 would like you to turn to POST 8, and that's going to be 19 A. Correct.
20 Al Beard's interview. 20 Q. Okay. And she had me escorted out.
21 A. Okay. I have that. 21 Do you see that?
22 Q. It's Alvin Beard. I'm sorry. 22 A. Yes.
23 A. I have it. 23 Q. All right. And I had moved out about a week ago
24 Q. Oh, you do. Perfect. And then that's going to 24 to two weeks ago, maybe.
25 be -- actually, I don't -- 25 Do you see that?
Page 357 Page 359
1 Do you have the investigation, or do you have 1 A. Yes.

2 the transcript? 2 Q. Now, prior to going over to Alvin Beard's,
3 A. I'm looking at the actual, our final report. 3 actually, to Keila's, Keila and Wayne's house, to talk
4 Q. Right. Right. I want you to look at the 4 to Alvin, did you know that he, that the Goodyear Police
5 transcript. So that's going to be Tab 8 in Volume, I 5 Department had had an encounter with Al prior?
6 believe it's 2. 6 A. Not at that time, I did not.
7 A. Okay. What page did you reference? 7 Q. Okay. All right. And he then, Al then says at
8 Q. Page two. 8 line 124, so I have been here ever since then.
9 A. Okay. 9 Do you see that?
10 Q. Okay. Now, the first thing, and if you go down 10 A. Yes.
11 to line 74, prior to 74 you're just establishing who 11 Q. Okay. And then if you go to page five, line
12 Alan is and where you are, correct? Just prior to -- 12 184, you state, you ask the question:
13 A. Yes. That is correct. 13 Okay, well, I'm going to keep our questions
14 Q. Okay. So the heart of the investigation, the 14 limited to Saturday.
15 questions themselves, begin at line 74. Would you agree 15 All right.
16 with that? 16 A. Correct.
17 A. It's a statement we made to them. I don't know 17 Q. Then you say:
18 that there's a question in there. 18 So let's talk about it. How did, how did
19 Q. Right. But it's the beginning. You're kind of 19 Saturday start? How did the day start?
20 telling Alvin, this is, we're going to start talking to 20 Do you see that?
21 you about questions, right? 21 A. Yes.
22 A. Sure. Yes. 22 Q. Okay. And then, then if we go over to POST
23 Q. Okay. All right. So at 74, you, and you're the 23 No. 9, and that's going to be Keila, her interview.
24 questioner No. 1 -- no, you're question -- you're the 24 A. Yes.
25 questioner, and then Sergeant Pacello is questioner No. 25 Q. All right. And during Keila's interview, you

Page 360 Page 362
1 also, it's you and Sergeant Pacello are asking questions 1 this information, so I don't remember who I actually
2 of Keila? 2 gathered that from.
3 A. Correct. 3 Q. Okay. Then we have on page four, line 161, you
4 Q. Okay. On page two, line 62, you say that you're 4 say: Okay let's fast forward, go to the past Saturday.
5 going to ask some questions about an incident that 5 And then you say at line 161: And let's talk
6 obviously we became aware of that occurred this Saturday 6 about from when you initially...
7 and, Saturday night, early Sunday morning. 7 Met?
8 Do you see that? 8 And then line 165: Met up with...
9 A. Yes. 9 Line 169: Al and Kim.
10 Q. And of course you're saying you're only 10 Correct?
11 gathering the facts. 11 A. Correct.
12 On page three, line 20 -- line 95, Keila 12 Q. Okay. And when you're doing that, you're giving
13 indicates to you that she's only known Kim for roughly 13 them a point of reference, correct? This far, you've
14 about maybe six to nine months, right? 14 given Al, you've given Keila a point of reference when
15 A. I'm sorry. What line was that? 15 you're interviewing, correct?
16 Q. That's 95. 16 A. Point of the reference being when they met up
17 A. Yes. 17 together?
18 Q. Okay. So she hadn't known Kim for very long, 18 Q. Yes.
19 right? 19 A. Yes.
20 A. Correct. 20 Q. Okay. Now, I'd like you to turn to POST
21 Q. All right. You didn't ask Keila at that time 21 Exhibit 10, page three, line 96.
22 how long she had known Al, did you? 22 Now, this is an interview with Wayne Bearden,
23 A. At that time, no, I did not. 23 correct?
24 Q. Okay. Did you ever find out that Keila actually 24 A. Yes.
25 had known Al since she was 13 years old? 25 Q. And, again, it is Sergeant Joe Pacello and
Page 361 Page 363
1 A. I don't remember how long. I remember her 1 yourself interviewing Wayne?

2 knowing him when he resided in Yuma. And I believe 2 A. Correct.
3 that's how they were introduced to Lieutenant Celaya. 3 Q. All right. And they're interviewing Wayne at
4 But I don't know how far back or how long. I knew it 4 Wayne and Keila's home, correct?
5 had been a couple years. And I think it was more of a 5 A. Correct.
6 Wayne knew Al, so Keila met Al through Wayne. But I 6 Q. And that's on the same day that Al and Keila
7 don't know -- as far as the 13 years old, that I don't 7 were interviewed on November 26, 2013, correct?
8 know. 8 A. Correct.
9 Q. Okay. So you're saying that Wayne -- you 9 Q. And Wayne is being interviewed, roughly, around
10 thought that Wayne knew Al, and Keila had met Al through 10 6:22 in the evening, correct?
11 Wayne? 11 A. Correct.
12 A. That's my -- 12 Q. Okay. So when we go to line 96, the
13 Q. That's what you thought? 13 pleasantries have already happened on lines, or pages
14 A. That's my recollection. I think it's in here 14 one and two. And on line No. 96, you say:
15 somewhere, because I do remember that being discussed, I 15 Now, let's go into Saturday. And just from the
16 think, how long they had known Al. But from 16 time, I guess, you and Keila arrived to Majerle's, just
17 recollection, I believe it was the two, Wayne and Al 17 kind of explain to us, and as you're explaining it I may
18 were friends or were roommates, I believe, in Yuma. And 18 stop you.
19 then one of them moved down here. I don't know who was 19 Do you see that?
20 first, but ultimately they at some point reconnected. 20 A. Yes.
21 Q. Okay. Why didn't you ask her? Why didn't you 21 Q. Okay. So I'd like you to turn to POST 6. I'm
22 ask Keila how long she had known Al? 22 sorry. It's going to be in the green book.
23 A. I think, from what I recall, I believe it was 23 A. Green book. Okay.
24 asked during that interview. It was either during that 24 Q. Okay. And on page three, line No. 91.
25 interview or it was asked through Al. But I'm recalling 25 Now, this interview is with Kim, lieutenant Kim

Page 364 Page 366
1 Celaya, correct? 1 that possible?

2 A. Correct. 2 A. Not by the way she answered that question.
3 Q. And this interview is happening on November 26, 3 Q. Okay. I want you to turn to the white notebook.
4 2013. 4 I'm going to change books on you.
5 A. Correct. 5 A. Okay.
6 Q. At 9:17 in the morning. 6 Q. I want you to go to Tab 7. Line 2. What does
7 A. Yes. 7 that say?
8 Q. Okay. Prior to speaking with Kim, did you 8 A. You will be asked -- just make sure I'm on the
9 already know that you were going over to interview Al? 9 right document, the NOI?
10 A. Yes. We knew that he would be a subject of our, 10 Q. Yes. This is the -- okay. This is the
11 a subject of our investigation. So, yes, we would have 11 administrative investigation notice of interview,
12 to interview him. 12 correct?
13 Q. Okay. Did you -- had you already contacted 13 A. Correct.
14 Keila, Wayne, or Al prior to interviewing Kim on 14 Q. Its also known as an NOI; is that right?
15 November 26th? 15 A. Yes.
16 A. No. 16 Q. Okay. And this document is provided to
17 Q. Okay. When did you contact Keila, Wayne, and 17 employees to advise them of their rights and to advise
18 Al? 18 them of the allegations against them, correct?
19 A. After our interview, from our interview with 19 A. Correct.
20 Lieutenant Celaya. 20 Q. And this is pursuant to Arizona Revised Statute
21 Q. Okay. All right. So on 91, you say: 21 38-1101, correct?
22 Okay, why don't you go ahead and tell us exactly 22 A. Correct.
23 what, what happened from the beginning to the end. Be 23 Q. Okay. So this document must, by law, by
24 as descriptive as possible. Let us know how it started 24 statute, be provided, some form of this document, be
25 and progressed and how it ended. 25 provided to principal employees, subject employees in an
Page 365 Page 367
1 Do you see that? 1 investigation, correct?

2 A. Yes. 2 A. Correct.
3 Q. And when you say how it started, you're talking 3 Q. Okay. So you provided this to Kim. And this is
4 about the domestic violence, right? 4 a document that you provide to all subject employees,
5 A. No. We're referencing the evening. Like how, 5 right?
6 how did things start. 6 A. Subject and witness.
7 Q. You are? Well, where in this document, in this 7 Q. Okay. All right. So under, you are hereby
8 transcript are you defining and saying, let's, let's 8 advised in order to comply as follows, under line No. 2,
9 talk about this evening? There isn't is there? 9 what does it say?
10 A. It's not clear -- 10 A. You will be asked questions specifically,
11 Q. It's not clear. 11 directly, and narrowly related to the performance of
12 A. -- in the question. 12 your official duties and/or fitness for duty.
13 Q. Right. So the it, you think it means one thing, 13 Q. Okay. Now, that would indicate to anybody that
14 and Kim could think that you're talking about the actual 14 you, the investigator, or investigators, are the ones
15 assault, being punched in the face. 15 who are asking the questions, correct?
16 MS. BECK: Objection. Speculation. 16 A. It can be implied, if I'm serving someone with
17 BY MS. BAILLIE: 17 the document and doing the interview. But it's not --
18 Q. Is that not possible? 18 it doesn't mean that someone else in the agency can't
19 MS. BECK: Objection. Speculation. 19 ask questions referenced to an investigation.
20 ALJ EIGENHEER: You may answer the question. 20 Q. Okay. That's fair. But if you're handing --
21 THE WITNESS: I'm sorry. Could you repeat it? 21 whoever is asking questions is actually going to be
22 BY MS. BAILLIE: 22 asking questions, correct? Not a time just to come in
23 Q. Absolutely. You're thinking it is something 23 and talk?
24 different, where Kim possibly could be thinking that it 24 A. Typically, we will serve these, sometimes, a day
25 is referring to her being punched in the face. Isn't 25 prior, a day prior to an interview.

Page 368 Page 370
1 Q. Sure. And I understand that. But when the 1 already showed, you're talking about how did Saturday
2 employee is served this, they are being told that they 2 start, how did the day start. Do you see that?
3 are to respond to a question, right? 3 A. Yes.
4 A. They're compelled, they're compelled to answer. 4 Q. And in that you're being very narrow and you're
5 Q. Okay. So the person who is sitting in front of 5 being very specific in your questioning, correct?
6 the questionnaire is being told that they are being 6 A. It's a specific question.
7 compelled to answer the question. 7 Q. Yeah.
8 A. Correct. 8 A. Yeah.
9 Q. Okay. All right inferring that there's going to 9 Q. It sure is. It's a good job. You did a good
10 be a question, right? 10 job. That was a good question, wasn't it?
11 A. If there's a question, yes, they are compelled 11 MS. BECK: Your Honor.
12 to answer. 12 MS. BAILLIE: I'm just --
13 Q. Wonderful. And that question, or questions, 13 ALJ EIGENHEER: Proceed.
14 shall be direct, correct? 14 BY MS. BAILLIE:
15 A. Correct. 15 Q. That's a good question, correct?
16 Q. They shall be narrow, correct? 16 A. Sure.
17 A. Correct. 17 Q. Okay.
18 Q. And the narrowly related to performance of an 18 A. I don't know how to answer that.
19 official duty, correct? 19 Q. All right. So and when you talk to Wayne, the
20 A. Correct. 20 same thing. You asked a specific question.
21 Q. Uh-huh. And shall be related to fitness for 21 But when you spoke with Kim, you just said, tell
22 duty, correct? 22 us how it happened, right?
24 Q. Okay. So on November 26, 2013, -- well, 24 Q. Okay. That's not specific or direct is it?
25 actually, when you talked to Al, and you asked Al 25 A. I don't know how specific or direct we could
Page 369 Page 371
1 questions, and I went over that with you, that question 1 have been based on the information we had.
2 was direct and narrow, wasn't it? 2 Lieutenant Celaya was the subject of the
3 A. Which question? 3 investigation, so we were reliant upon her to, to fill
4 Q. That would have been the question formulated on 4 in information where our questions could be more
5 page two when you said, we're going to ask you some 5 specific. It's going to start out broad because we
6 questions about an incident we became aware of that 6 really didn't have a lot of information of what
7 occurred on Saturday and Sunday night, early Sunday 7 occurred. So once we're able to conduct an interview
8 morning. 8 with her and other people, and now we can narrow down
9 Do you see that? 9 the specifics, I would imagine that our questions would
10 Oh, I'm sorry. That is going to be Tab 9. 10 be more direct and specific.
11 A. In blue? 11 Q. Okay. Jeff Rogers provided you with a memo.
12 Q. That would be in the green book actually. 12 A. Correct.
13 ALJ EIGENHEER: No, it's blue. 13 Q. And his memo is November 25th.
14 BY MS. BAILLIE: 14 Did you have that memo? You had access to that
15 Q. Oh, it is blue. I'm sorry. 15 memo, obviously, prior to speaking with Kim.
16 A. Okay. Tab 9, I have is Keila Mincey. 16 A. Correct.
17 Q. Oh, excuse me. It is Tab 8. I apologize. 17 Q. Did you not?
18 A. Tab 8. Okay. Yes, this is the transcript of 18 A. Yes.
19 our interview with Alvin Beard. 19 Q. Okay. And in that memo, you had specific
20 Q. Right. And on page two, you are telling Al that 20 information, correct?
21 you're going to talk about an incident which occurred 21 A. Correct.
22 this past Saturday, and then Joe Pacello said Sunday 22 Q. Okay. And you actually used Jeff Rogers' memo
23 morning. Do you see that? 23 with the specific information to formulate the notice of
24 A. Yes. 24 investigation where it says, the allegations are
25 Q. Okay. And then on page 5, 188, just as we 25 described as follows, correct?

Page 372 Page 374
1 A. Can you tell me where his memo is tabbed at so I 1 A. I don't recall if she did or not, if we did or
2 can look at it? 2 not. I believe we did, because I think Lieutenant
3 Q. You bet. It is tabbed at POST 16, Volume 2. 3 Celaya actually had some questions about the memo, from
4 A. And your question was we used information from 4 what I recall.
5 his memorandum to formulate -- 5 Q. Okay. So you believe that you provided Kim with
6 Q. To draft or formulate -- 6 Jeff Rogers' memo on November 26, 2013?
7 A. Correct. 7 A. I don't remember the exact date, but I do
8 Q. -- the notice of investigation, where it says 8 remember Lieutenant Celaya -- I don't remember if it was
9 the allegations are described as follows. 9 in the second interview where she had brought the memo
10 A. Correct. 10 in and had some, was questioning some things that were
11 Q. Okay. And you use that memo based on what Jeff 11 written in the memo. I do -- I don't remember the time
12 Rogers that -- well, strike that. Asked and answered. 12 frame of when she was given the memo.
13 So why did you not just go off of this memo and 13 Q. Okay. But it could have been in the December
14 start asking questions from his memo, from Jeff Rogers' 14 interview?
15 memo? 15 A. Correct.
16 A. This -- we were asking questions as a follow-up 16 Q. Prior to December, not prior to November 26th?
17 to his memo, on the information that she had given to 17 A. Correct.
18 Deputy Chief Rogers. 18 Q. That you provided it to Kim, for the record?
19 Q. Okay. When she spoke, when Kim spoke with 19 A. Yes.
20 Rogers, did, was she being investigated? 20 Q. Okay. You stated that there were, you used the
21 A. No. She was the one that brought the 21 term today under direct, that there were vast
22 information forward. 22 differences in between the three witnesses and Kim's
23 Q. Okay. And she's the one, by duty, she has a 23 recollection.
24 duty to report to her agency, correct? 24 Do you remember making that statement today?
25 A. Correct. 25 A. Not between the three witnesses. Between
Page 373 Page 375
1 Q. Okay. Now, does that -- well, does that duty 1 lumping the three witnesses, or four witnesses, together
2 apply to domestic violence victims? 2 and her statement.
3 A. That duty applies to police department 3 Q. Okay. And you said they were vast in the
4 employees. 4 discrepancies, right?
5 Q. Okay. But if a police department employee is a 5 A. It was the adjective I used.
6 victim, doesn't Arizona Constitution Article 2, victims' 6 Q. Well, vast means numerous.
7 rights, say that a victim doesn't have to report or 7 A. There were numerous.
8 participate? 8 Q. Okay. And you said that the differences, you
9 A. I don't know what the statute is but if that's 9 were trying to articulate on direct examination, the
10 what it says for a victim, then, then yes. 10 differences were in regard to who kicked, who hit who
11 Q. So a victim in domestic violence does not 11 first. Okay? Right? And when I say hit, I mean -- let
12 necessarily have to report to her agency? 12 me rephrase this. Who --
13 A. I believe it's the expectation of our department 13 Did Kim kick Al prior to being punched, Al
14 that if the employee is involved in an off-duty 14 punching Kim in the face, correct? That's the
15 incident, regardless of whether they are a victim, 15 discrepancy.
16 witness, subject, that, yes, they do have to report the 16 A. Between Lieutenant Celaya's statement and those
17 incident. 17 of the witnesses? Specific to who -- did Lieutenant
18 Q. Okay. Which Kim did report, did she not? 18 Celaya kick Al in the head prior to Al punching her in
19 A. Yes, she did. 19 the face?
20 Q. Okay. And when she spoke with Jeff Rogers, Jeff 20 Q. Yes. That's what I just said, yes.
21 Rogers drafted you, you and Sergeant Pacello, a memo, 21 A. Yes. That is correct.
22 which you had prior to speaking with Kim, correct? 22 Q. That is one discrepancy right there, correct?
24 Q. Did you provide Kim with a copy of this memo 24 Q. Now, you also said that slamming the glass down
25 prior to speaking with her? 25 on the bar was another discrepancy?

Page 376 Page 378
1 A. Correct. 1 it wasn't like I was mad at him?

2 Q. And that she left on her own to West Valley, you 2 Do you see that?
3 said that at about 10:18 this morning, that that was 3 A. Yes.
4 another discrepancy? 4 Q. Okay. So Al says he was never upset, never mad
5 A. Correct. 5 at the guy.
6 Q. All right. So slamming the glass on the bar, 6 You spoke with Alliyah on December 9th. Do you
7 you stated in your report that Keila, summarizing, 7 remember that?
8 Keila, Al, and Wayne stated that Al was not upset about 8 A. Yes.
9 the individual grabbing Kim's arm or hand and not 9 Q. And Alliyah is Alvin Beard's, daughter, correct?
10 letting it go in the Roman's bar. Do you remember that? 10 A. Correct.
11 A. I testified to that? 11 Q. Now, do you remember Alan Beard's daughter,
12 Q. No. That's just what your report said in the 12 Alliyah, telling you on December 9th that Keila had told
13 summary. Would you agree to that? 13 her that Al had left the bar because he was jealous and
14 A. Correct. 14 mad at the, the individual in the bar?
15 Q. However, in the interview, do you remember Kim 15 A. Do you have a tab that I could refer to?
16 telling you, excuse me, Wayne telling you that Al was 16 Q. I do. I do. And that's going to be in Volume,
17 upset? 17 it's going to be Volume 2, and it's Tab 14. And there's
18 A. I believe he initially said he was upset but 18 no page numbers, but it's the second page.
19 then laughed about it. 19 Alliyah stated Keila told her that they were at
20 Q. Okay. But that, actually, that Al was pissed at 20 a bar, and a male was talking to Kim and Al became
21 both. Do you remember that? 21 jealous and Al left.
22 A. I do, yes. 22 Do you see that?
23 Q. Okay. And, in fact, you further questioned and 23 A. Which paragraph are you reading from?
24 said are you sure it was both Kim and the individual in 24 Q. The first paragraph.
25 the bar, and he said yes. Do you remember that? 25 A. Oh, okay. Yes.
Page 377 Page 379
1 A. Correct. Correct. 1 Q. Okay. So Keila -- did you ever ask Alliyah when
2 Q. Okay. And then Keila also stated that Al was 2 Keila was talking to her when, when you spoke with
3 upset and then was laughing about it. Do you remember 3 Alliyah on Monday, December 9th?
4 Keila saying that? 4 A. I'm just reviewing my report.
5 A. Correct. 5 Q. You bet.
6 Q. All right. But Al said, nope, I was not upset, 6 A. So, and I'm looking at the bottom of the first
7 didn't even bother me. Isn't that what he said? Isn't 7 page of the interview with Alliyah. It says Keila was
8 that what Al said? 8 talking to Alliyah and telling her what occurred earlier
9 A. I don't recall. If you -- could you -- do you 9 in the evening.
10 know the page number -- 10 So that would have been on --
11 Q. Oh, absolutely. 11 Q. November 24th?
12 A. -- of the transcript? 12 A. Yes. The early morning, yes.
13 Q. Uh-huh. It's going to be POST 8. Just turning 13 Q. The early morning, Sunday morning?
14 to it. On page 11, you're going to go to line 470. 14 A. Correct.
15 Your question to Al is: 15 Q. Pretty much after the inci -- after Al had
16 Okay, so you walk out and get in the car. Were 16 punched Kim in the face, right?
17 you upset before you walked out of Roman's? 17 A. After the entire incident, yes.
18 A: Nope, and even... 18 Q. Okay. All right. That substantiates what Kim
19 475, your question is: Did you... 19 told you, that Al was upset, doesn't it?
20 477: I even told her that I ain't, that dude 20 A. Well, she says jealous. So I don't know if
21 didn't bother me. 21 being jealous and being upset are the same emotion.
22 Do you see that? 22 Q. Okay. But Wayne, Wayne says that Al was, and he
23 A. Yes. 23 uses the word, pissed, right? Not upset, pissed. He
24 Q. And then up on line 458, 459, it says: 24 uses that word. Do you remember that?
25 And it wasn't - I don't know, I mean, I wasn't, 25 A. Pissed, and then laughed about it.

Page 380 Page 382
1 Q. But pissed. 1 Q. All right. And do you see anybody else at the
2 A. Correct. 2 bar?
3 Q. Right? And in fact, pissed at both of them. 3 A. No.
4 So Wayne corroborated what Kim told you, that Al 4 Q. Okay. Now, is it possible that Wayne is waiting
5 was angry, Al was upset. Didn't he? 5 for Keila and Kim because they're in the restroom?
6 A. Correct. 6 A. I believe that is the reason.
7 Q. Okay. And Keila also substantiated the same, or 7 Q. Okay. And that's because Kim told you that her
8 corroborated the same when she said, yeah, Al was upset, 8 and Keila went to the bathroom, right?
9 right? And then laughed about it? 9 A. Correct.
10 A. Correct. 10 Q. Okay. There's no sound with this video is
11 Q. Okay. Now, you also made a comment that you 11 there?
12 viewed the video of Roman's, and you clearly -- let's 12 A. No.
13 get the right term, make sure I get the right term. On, 13 Q. Who's that that just walked into the frame in
14 in your investigation, which is going to be POST No. 4. 14 the lower right-hand corner?
15 A. Okay. 15 A. It's been a while. I think that's Al's head.
16 Q. Page 44. 16 Q. All right.
17 A. Okay. 17 A. I don't remember what he's wearing, but I
18 Q. No. 7. You say that you viewed the surveillance 18 believe that's him.
19 video -- it's going to start on line 4 of paragraph No. 19 Q. All right. I'll fast forward it here. Too
20 7 -- and that you obtained from PSU, obtained by PSU, 20 fast. All right.
21 excuse me, clearly shows that Alvin Beard did not slam 21 That, again, is Wayne sitting down, right?
22 his drink on the bar. Do you see that? 22 A. Correct.
23 A. Correct. 23 Q. We don't know who he's talking to at this point
24 Q. Okay. So, I want to go to this video for a 24 right?
25 minute, if you would indulge me. 25 A. Correct.
Page 381 Page 383
1 MS. BECK: Do we have an exhibit number on the 1 Q. Okay. So in the right-hand, bottom right-hand
2 video? 2 corner, who's that who is reaching for a drink?
3 MS. BAILLIE: It's your video, isn't it? It 3 A. That's Al.
4 would be the, 24 of POST. 4 Q. Okay. And do you know who this is, the back of
5 BY MS. BAILLIE: 5 the head of this one, this female in front of Wayne?
6 Q. And that video has several different camera 6 A. I believe that's Keila.
7 views. So we're going to go to camera No. 4, which is 7 Q. Okay. And in the lower right-hand corner, we
8 going to be the appropriate view. Okay. 8 see Al. And at the, the top head of -- is that Kim?
9 So do you remember -- do you get to see it 9 A. Yes, it is.
10 there? 10 Q. Okay. Now, do you believe Keila was intoxicated
11 A. I do. 11 at this bar? Did she appear to be intoxicated to you?
12 Q. Okay. So in, under camera No. 4, do you 12 A. Did she appear to be?
13 remember viewing or seeing this video right here? 13 Q. Uh-huh. As her movements -- did you look at
14 A. Yes, I do. 14 that? Do you remember looking at her movements?
15 Q. Okay. And it shows that on November 24, 2013, 15 A. I don't remember doing that.
16 about 1:45 in the morning, right? 16 Q. Okay. There doesn't appear to be anything in
17 A. Correct. 17 Kim's hand, does there, at this point?
18 Q. And in fact, all four, Al, Wayne, Keila, and 18 A. No. I'm sorry. I was not focused on her hands.
19 Kim, all stated that they were at Roman's about 1:30, 19 I'm just watching around the bar area.
20 1:45, right? 20 Q. Sure. Okay. So we know that Keila has already
21 A. Correct. 21 started drinking, and we know that Al has a drink on the
22 Q. So they were all in the ballpark? 22 bar. Do you see that?
23 A. Correct. 23 A. Yes.
24 Q. And as we go through -- all right, who is that? 24 Q. Okay. And this is probably the gentleman who
25 A. That is Wayne. 25 was drunk?

Page 384 Page 386
1 A. That's the gentleman that approached Lieutenant 1 Q. And he's trying to make amends for him, correct?
2 Celaya and -- 2 A. That's what it appears.
3 Q. Grabbed her hand and would not let it go? 3 Q. Shaking hands.
4 A. Correct. 4 A. Yeah.
5 Q. Okay. All right. And there's Al, and now he 5 Q. Okay. And it looks like, during that verbal
6 has a drink, right? In his hand right there. Did you 6 confrontation that was happening right there, that Wayne
7 see him pick it up? 7 was in between Al who was behind Wayne, correct?
8 A. I did not. 8 A. Correct.
9 Q. Okay. See that? 9 Q. And Al was rocking back and forth. Did you see
10 A. Yes. 10 that?
11 Q. Okay. And that looks like the vodka cranberry 11 A. I did not notice.
12 that he's going to hand to Kim. And this gentleman who 12 Q. Okay. And I want to show you Keila here as
13 is not letting go of Kim's hand is talking to Kim. You 13 she's talking to the other two females, and it looks
14 see Kim's face and then you see this guy's head. Do you 14 like she's trying to explain. Okay.
15 see that? 15 Do you see her finger trying to explain who Kim
16 A. Yes. 16 is in conjunction with Al? Do you see that?
17 Q. Okay. Okay. And remember Keila said that she 17 A. I see her pointing, but I don't know what
18 went to go get a bouncer, right? 18 she's --
19 A. Yes. 19 Q. Okay. All right. Now, looking at her movement
20 Q. Okay. So at that point we can assume that she 20 with her hands, would that indicate to you maybe a
21 went to go get a bouncer, right? 21 little bit of intoxication?
22 A. I believe that's what she was doing at that 22 A. I don't -- that would not be enough for me to
23 point. 23 draw that conclusion, just based on that one second of
24 Q. Okay. There was a comment about the 24 her moving her hands.
25 individual's friends coming over. Do you remember that? 25 Q. Looking at this video and looking at how many
Page 385 Page 387
1 A. Yes. 1 people were involved, there were probably, there were

2 Q. Okay. And it looks like maybe these are the 2 two females, two males, and so four and four, there's
3 individuals who took him away from the situation. 3 eight people in that little, that little area, right?
4 A. Correct. 4 A. Including Al, Wayne, and Keila?
5 Q. Do you know who the bouncer is? 5 Q. Yes.
6 A. I do not. 6 A. Yes.
7 Q. Okay. All right. So we see Kim next to Al, 7 Q. Okay. And so, as you can see with Keila, she
8 correct? At the bottom of the right-hand corner? 8 actually went, like she told you, she went to get a
9 A. Yes. 9 bouncer, right?
10 Q. And Al is drinking his gin and tonic. Okay. So 10 A. Correct.
11 during this time, here's the intoxicated person in the 11 Q. So this situation was a heated situation, was it
12 right-hand corner, and then you see Wayne and you see 12 not? To -- and let me rephrase that.
13 Al, right? 13 To these individuals -- to Kim, this could have
14 A. Correct. 14 been perceived as a heated situation.
15 Q. So it looks like they were going over to that 15 MS. BECK: Objection.
16 individual; is that right? And they kind of said they 16 BY MS. BAILLIE:
17 went over to talk to him, to move him out of there? 17 Q. Could it not?
18 A. Yes. 18 MS. BECK: Calls for speculation.
19 Q. Looks like this, this gentleman with the hat on 19 ALJ EIGENHEER: You can answer the question if
20 is trying to make amends, doesn't it? He's taking the 20 you have an opinion.
21 hand of Al. Did you see that? 21 THE WITNESS: What her perception of it was, I
22 A. I think that was one of the gentlemen that was 22 don't know. We did not have anyone tell us that this
23 with this other individual. 23 was a heated situation in our interviews.
24 Q. Correct. 24 BY MS. BAILLIE:
25 A. Yeah. 25 Q. Okay. But -- okay.

Page 388 Page 390
1 So Al is not there in the photo is he, in the 1 movement, I want you to observe Kim's, where Kim's focus
2 video at this point? 2 is. Okay?
3 A. I think he may be. It's weird. If you do 3 A. Okay.
4 the -- because you have it expanded. 4 Q. Did you see that?
5 Q. I do. 5 A. His hand?
6 A. When you shorten it -- I know there's sometimes 6 Q. Yes.
7 where you, if you do the small version, you can kind of 7 A. Yes.
8 see almost, which is weird, because sometimes you can 8 Q. Did you see he has a glass in his hand, correct?
9 see more in just the smaller frame than the large frame. 9 A. Correct.
10 I do think there was a couple of times where he 10 Q. And, essentially, in his right hand with the
11 may have been off. 11 glass, he is hitting the bar two times. Do you see
12 Q. You're saying right down here? That's Al now 12 that?
13 again? 13 A. With the glass?
14 A. Correct. 14 Q. Yes.
15 Q. In the photo? Okay. In the video? 15 A. No. He is not.
16 So at this point, Wayne is laughing, but we 16 Q. Okay. Could it be his hand?
17 don't know what Al is doing, right? Except for 17 A. It appears that he pushes the glass, slides
18 drinking, correct? 18 it --
19 A. Correct. 19 Q. Okay.
20 Q. And he's standing behind Kim, right? Al is 20 A. -- and then with his hand it looks like he taps
21 standing behind Kim, correct? 21 the bar.
22 A. Correct. 22 Q. He hits the bar twice?
23 Q. And Kim and Keila are talking to one another, 23 A. Well, can you play it one more time?
24 right? 24 Q. Sure. So there his gin and tonic is -- he's
25 A. I can't tell. 25 drinking his gin and tonic. There's the glass, boom
Page 389 Page 391
1 Q. Okay. At least in the video -- 1 boom.

2 A. It looks like they are looking at either -- 2 A. With his fingers, he taps the bar. It's not a
3 Q. -- they are looking at each other. 3 fist.
4 A. Correct. 4 Q. Really?
5 Q. Now, this is the second time Al has put his cup 5 A. That's, that's what I see. I mean, if we can
6 down, his gin and tonic down. Do you see that? He puts 6 play it one more time. It looks like he slides the
7 it on the counter. 7 glass and then does a (witness taps twice on the table)
8 A. Yes. 8 with his fingers. It does not appear he is making a
9 Q. He's motioning them, right? 9 fist when he does that.
10 A. To let's go. 10 Q. Okay. Think I went too far. Hold on. Okay.
11 Q. Yeah. Do you think that's probably what he's 11 He's going to pick it up one more time.
12 doing? 12 A. That to me, and it's hard to get this on record,
13 A. Yes. 13 but he slides the glass, and (witness taps twice on the
14 Q. Okay. So then he goes behind and he picks up 14 table) and that's what that looks like to me.
15 his gin and tonic one more time, correct? 15 MS. BECK: Could he describe what he is doing,
16 A. I'd have to keep it paused there. Yes. 16 please?
17 Q. Right there. Right? 17 ALJ EIGENHEER: Can you describe that?
18 A. Yes. 18 THE WITNESS: He slides the glass, and it does
19 Q. He's drinking? All right. 19 not appear that he's making a fist, but has maybe his,
20 Now, right here is where I want you to focus. 20 his index and middle finger, and it looks like he taps
21 And, unfortunately, I cannot do the smaller frame. He 21 the bar twice, like I'm going. That's what that appears
22 picks up his gin and tonic. He places it down. 22 -- that's my perception of that.
23 Now, I want you to look in this corner where my 23 BY MS. BAILLIE:
24 arrow is pointing on to the bar. Okay? And I want you 24 Q. Okay. And that's your perception here?
25 to look at Al's hand movement. And then after Al's hand 25 A. Correct.

Page 392 Page 394
1 Q. Okay. And we can let the Judge make her own 1 Al's hand as he's placing the glass on the bar.
2 perception of that. 2 A. I'm watching his arm movement.
3 Now, what I want to do is show you -- boy, it's 3 Q. Okay. All right. But here we get to see the
4 really hard to get this frame. 4 glass. We get to see him put it down and move it
5 Now, Kim, where is Kim facing? 5 forward, correct?
6 A. Her back is to him and her head is turned. 6 A. Correct.
7 Q. Okay. And what is she looking at? 7 Q. Okay. And, again, you don't know what that
8 A. She's looking down. What she's actually looking 8 sounded like?
9 at, I don't know, but her head is looking down. 9 A. Correct.
10 Q. Okay. Now, you do know because of what she told 10 Q. Okay. Now, you're saying -- you're minimizing
11 you. In her interview, she told you, in November of 11 the, if it's a -- you believe that it is two fingers or
12 2005 and again in December 2nd, that she looked because 12 three fingers on the bar, correct?
13 Al had hit the table, slammed the table. 13 A. I not minimizing. I'm telling you what, by
14 A. Slammed the glass on the table. 14 watching this video several times, I'm telling you my
15 Q. Okay. 15 perception. It appears that that is not a fist going
16 A. Which is what she told us. 16 like this, it appears like it's two fingers.
17 Q. All right. Now, as Al is placing, or throwing, 17 Q. Okay. And, like I said, I would trust that the
18 or slamming that glass down, you can't hear, can you, 18 Judge would be able to look at this itself.
19 what's happening in this? 19 MS. BECK: Your Honor, could we stop the
20 A. Correct. 20 commentary?
21 Q. You have no audio with this video? 21 MS. BAILLIE: Well, I was just --
22 A. Correct. 22 ALJ EIGENHEER: Proceed.
23 Q. All right. So you don't know what that sounded 23 BY MS. BAILLIE:
24 like when Al put that glass on the bar, do you. 24 Q. Kim is looking in the direction of Al's hand; is
25 A. I do not. 25 she not?
Page 393 Page 395
1 Q. Okay. You don't know if it sounded and appeared 1 A. She is looking down. I can't --
2 like a slamming of a glass hitting the bar, do you? You 2 Q. Okay.
3 don't know? 3 A. -- tell which way her head is canted, but she is
4 A. I don't know. I can just give you -- 4 looking down.
5 Q. No. So -- 5 Q. All right. And you, as an investigator, when
6 MS. BECK: Your Honor, she's interrupting the 6 you're looking at that, you don't know what she's
7 witness. Could you please let him finish. 7 looking at, but she told you, did she not, in the
8 MS. BAILLIE: Well, I thought he said he didn't 8 November 25th interview? She told you that she looked
9 know. 9 down, did she not? And looked at the glass?
10 MS. BECK: Well, he wasn't finished. 10 A. She told us that she watched him slam the glass
11 ALJ EIGENHEER: He said he didn't know, and he 11 is what she told us.
12 started to add to that when you started the next 12 Q. Okay. So in Kim's -- and Kim is there at the
13 question. 13 bar, right?
14 You can answer the question. 14 A. Correct.
15 THE WITNESS: I don't know what that sound made 15 Q. So at the time that Al is doing this motion,
16 like, but that movement was consistent with every other 16 whatever that motion is and Kim is looking down at
17 time he put the glass down on the table, other than him 17 whatever she's looking at, where is Keila and Wayne's
18 sliding it forward a little bit. 18 attention?
19 BY MS. BAILLIE: 19 A. It appears they're looking in the opposite
20 Q. Okay. But every other time that he's putting 20 direction of both --
21 the cup down, or the glass down, on the bar, Kim isn't 21 Q. Right.
22 looking in that direction is she? 22 A. -- Lieutenant Celaya and Al.
23 A. Correct. And that's my concern. 23 Q. So when they tell you, oh, they didn't see Al,
24 Q. Okay. So that -- and you can't see how he's 24 they didn't see Al slam down a glass or hit the table --
25 putting that glass on the bar because Kim is in front of 25 remember they told you that, right?

Page 396 Page 398
1 A. Or hear it, correct. 1 on her own to West Valley ER, didn't she?
2 Q. Okay. So that makes sense, doesn't it? Because 2 A. That was not the question that we asked.
3 they're the only two looking away while Kim is looking 3 Q. Okay.
4 down, correct? 4 ALJ EIGENHEER: Is this a good place to --
5 A. They are looking away, correct. 5 MS. BAILLIE: Yes.
6 Q. Okay. All right. Did you include that in your 6 ALJ EIGENHEER: Then we will break for lunch and
7 investigation, that Keila and Wayne were actually 7 go off the record at this time.
8 looking away at the time that Al placed his glass on the 8 (Recess taken from 12:04 p.m. to 1:40 p.m.)
9 bar? 9 ALJ EIGENHEER: And we are back on the record,
10 A. No. 10 and we were still in cross.
11 Q. Okay. Wouldn't that be considered a mitigator 11 MS. BAILLIE: Yes, Your Honor. Excuse me. I
12 in this case? 12 apologize.
13 A. No. Because when they were asked if they saw 13 BY MS. BAILLIE:
14 it, they said no. 14 Q. Before we went for a lunch break, Sergeant
15 Q. Well, that's correct. But when you asked them, 15 Hughes, I had asked you about, you were shown a video
16 and there's a crafty way, there's always a way to draft 16 and very quickly you indicated that Kim had indicated to
17 an investigation, correct? There's ways that you can 17 you that Al had slammed the glass on the bar. Do you
18 skew words, correct? 18 remember stating that?
19 A. I'm not sure what you're implying when you say 19 A. Yes.
20 that. 20 Q. Okay. Do you remember her saying either slammed
21 Q. There's ways that you can skew words, correct? 21 his fist or a drink on the bar? I can refresh your
22 A. No. I disagree with that. 22 recollection, if you go to your internal affairs
23 Q. Okay. When you put in your report that Keila 23 investigation. And that will be POST No. 4. It will be
24 and Wayne did not see Al placing the glass or slamming 24 page four.
25 the glass down, when you put that in your report that 25 A. I believe that was in the second interview with
Page 397 Page 399
1 Wayne and Keila did not see it, and you know that other 1 Ms. Celaya, if I'm not mistaken.
2 people are going to be reading your report, did you 2 You said page four?
3 think to advise the chief, or to advise HR that they 3 Q. Page four, paragraph one, the very first line:
4 were looking away and that's why they possibly didn't 4 Al became upset and either slammed his fist or
5 see or hear the glass coming down on the bar? 5 drink on the bar and walked out of the bar leaving
6 A. I believe the chief has actually seen this 6 Lieutenant Celaya and their friends inside.
7 video. 7 Do you see that?
8 Q. Okay. That's wonderful. I'm asking you, did 8 A. Correct.
9 you think about putting that into -- I don't know why 9 Q. Okay. All right. So that refreshes your
10 this just came up, sorry -- did you think about putting 10 recollection that she had told you?
11 that statement in your report? 11 A. Yes, it does.
12 A. No. 12 Q. Okay. Perfect. This internal affairs
13 Q. Okay. You just stated that you also considered 13 investigation report that you drafted, do you refer to
14 that Kim was dishonest because she had stated that she 14 the, the audio of the, of the interviews, or do you
15 left on her own to West Valley. Remember making that 15 already have a transcript of the interviews prior to
16 comment, that statement this morning at 10:18, right? 16 drafting your report?
17 A. Correct. 17 A. It, it -- from what I recall, it takes a couple
18 Q. Okay. Who went with Keila to West Valley ER? 18 weeks, I think, for the transcripts to come back in. So
19 A. Who went with Keila? 19 I think the summarized interviews are off of listening
20 Q. I'm sorry. I apologize. 20 to the audio recording of the actual interview.
21 Who went with Kim to West Valley ER? 21 Q. Okay. And so you listened to the recording and
22 A. She went by herself. 22 then you draft your report?
23 Q. Okay. So when Kim told you that she went on her 23 A. Correct.
24 own to West Valley, and that's what you said she told 24 Q. Okay. If you turn to the, your internal affairs
25 you, that Kim left on her own to West Valley, she did go 25 report, No. 7 -- page seven. Excuse me.

Page 400 Page 402
1 A. Okay. 1 Q. Okay. All right. Now, as we turn over to your

2 Q. When you -- and this is the chronology of the 2 report and we go to page 13, this is the interview with
3 investigation. If you go to page five, you can see that 3 Alvin, Al Beard. And, again, a summary of the, his
4 it's, Section 2, Chronology of the Investigation. Do 4 statements to you in his interview. 13, at the very
5 you see that? 5 top, it says:
6 A. Correct. 6 While at the Draft House Al consumed another gin
7 Q. And then you say interview of Lieutenant John 7 and tonic.
8 Singleton. 8 Do you see that?
9 Is this a summary of what your findings were in 9 A. Yes.
10 the particular interview? 10 Q. Why didn't you include the fact that Al had a
11 A. It's a summary of the actual interview. 11 gin and tonic and a shot of Yukon Jack?
12 Q. Okay. All right. So as we turn to page seven, 12 A. Thinking back, I don't recall all the drinks
13 in this paragraph, you made a statement, or you actually 13 that he had. I can't answer that question.
14 wrote on line four that Lieutenant Singleton felt that 14 Q. Okay. Isn't it important for the reader to know
15 Lieutenant Celaya did not tell him a lot about what 15 how much everybody was drinking, how much alcohol
16 occurred. Do you see that? It's paragraph one, the 16 everybody was drinking at the time, not just Lieutenant
17 first full paragraph -- 17 Celaya?
18 A. Oh, yes. I'm sorry. Yes, the last sentence, 18 A. Well, reading the following sentence, and I'm a
19 correct. 19 little vague on her having additional drinks as well, so
20 Q. The last sentence, line four and five. 20 I don't know that I was so specific as to what she had
21 A. Correct. 21 and what he had in that paragraph.
22 Q. Do you see that? 22 Q. So you didn't even think about putting in the
23 Why would you put that in here? 23 Yukon Jack?
24 A. Lieutenant Singleton had to have indicated that 24 A. Correct.
25 in his interview. 25 Q. Okay. On page 37, if you go down to the last
Page 401 Page 403
1 Q. Okay. Do you remember Lieutenant Singleton 1 paragraph, which is paragraph number eight, it says:
2 telling you that he felt like he was just a peer and 2 During the drive, Lieutenant Celaya and Kim
3 somebody to lean on? 3 began to become disruptive in the backseat of the
4 A. Yes. He did state that. 4 vehicle by exhibiting loud behavior, rolling the windows
5 Q. A friend and a coworker. He also used those 5 down, and yelling at drivers of other vehicles?
6 terms, right? 6 Do you see that?
7 A. Yes. 7 A. Yes.
8 Q. Okay. Why didn't you add that descriptive that 8 Q. Do you believe that Lieutenant Celaya was
9 Lieutenant Singleton felt like he was just a peer and a 9 yelling at drivers of other vehicles?
10 friend and a coworker? Why didn't you add that to your 10 A. Do I believe that?
11 report? 11 Q. Excuse me. When you wrote this, did you, was
12 A. I'm not sure what the relevance of that 12 that a fact that you believed was actually a fact that
13 statement is. 13 Lieutenant Celaya actually was yelling at drivers of
14 Q. It's a question. I'm asking you why. 14 another vehicle?
15 A. That's my answer. I don't see the relevance to 15 A. Yes.
16 adding that in. 16 Q. Okay. Where did you get that from?
17 Q. Okay. All right. Don't you believe that it 17 A. I believe that information came from Keila.
18 would have helped the reader to understand that 18 Q. Keila never said they were yelling out of the
19 Lieutenant Singleton was not acting as a supervisor or a 19 window.
20 person that she was reporting to? Would it not have 20 Do you think you might have mistaken it by what
21 given that picture to the reader? 21 Wayne had told you? And we can go to POST 10. And I
22 A. That's perception. And Lieutenant Singleton was 22 will quickly -- and that is going to be page seven.
23 not her supervisor at the time, so I'm not -- how 23 A. Okay.
24 someone reads this, that's strictly based on perception 24 Q. And it would be 290 and 291. This is Wayne
25 on what they think that statement would mean. 25 saying:

Page 404 Page 406
1 They wanted to roll down the window. Well, my 1 head/face by Lieutenant Celaya prior to him striking her
2 girl wanted to roll down the window so she could talk to 2 in the face.
3 drivers and all that stuff. 3 Q. Okay. So we now, we know that Al said three
4 Do you see that? 4 times. Then if we go to Keila.
5 A. Yes. 5 A. Well, if I can continue. He also said, I
6 Q. Okay. So here Wayne specified who was the one 6 believe, he was kicked after she, after he hit her in
7 who wanted to roll down the window and talk to drivers, 7 the face. If I recall.
8 did he not? 8 Q. Al said that?
9 A. Correct. 9 A. I'm going to look before I answer that, because
10 Q. Okay. So based on Wayne's statement, this would 10 I don't want to --
11 be inaccurate, this statement that you wrote on page 37. 11 What am I looking for now?
12 A. I don't know that that's inaccurate. Because I 12 Q. You're looking for Keila, excuse me, Kim -- Al
13 recall there being, whether it was Keila or Lieutenant 13 saying that Kim kicked him after he punched her.
14 Celaya stated that they were either talking to drivers 14 A. Al may not have said that. But I believe
15 of other vehicles or making some reference to that. And 15 Lieutenant Celaya said that.
16 I mean, we can obviously go through the transcript to 16 Q. Okay. So Al, and we're talking about Al Beard
17 try and find that. I'm not going to just make something 17 right now, he told you he got kicked three times?
18 up, so... 18 A. Before he punched Lieutenant Celaya.
19 Q. Well, let's see. We talk about not making 19 Q. That's what he said, right?
20 anything up. Let's go to page 44. 20 A. Correct.
21 A. Okay. 21 Q. Okay. So when we look at Keila, Keila never
22 Q. Let's go to No. 8. And if you go down to line 22 tells you that Al was kicked four times, does she?
23 eight, which starts with the road, and just before that, 23 A. I believe she felt what she believed to be one
24 the vehicle in the middle of the road and struck her 24 kick, she didn't see it, and then physically saw,
25 once in the face. In response, Lieutenant Celaya kicked 25 observed at least one kick.
Page 405 Page 407
1 Alvin Beard in the neck/head a fourth time. 1 Q. Okay. In fact, she tells you that, and you
2 Do you see that? 2 confirm, on page, this is going to be under POST 9, Tab
3 A. Correct. 3 9, page 27.
4 Q. Okay. When you wrote this, did you actually 4 A. Okay.
5 believe that the facts were that Kim had kicked Alvin in 5 Q. And you're going to look at line 1199, and
6 the head and neck a fourth time? 6 you're asking the question of Keila, saying:
7 A. Yes. 7 Okay, so she kicks him twice. He punches her.
8 Q. So he got kicked four times in the back of the 8 She kicks him again.
9 head? 9 And Keila says: Yes.
10 A. Well, in the head. I don't know about the back 10 And then you say: Okay, is there any other
11 of the head. I think -- 11 hitting or smacking?
12 Q. Okay. Head and neck. 12 She says: No.
13 A. -- the fourth one, I believe, was his face. 13 Do you see that?
14 Q. Okay. Now, Al says he got kicked three times, 14 A. Yes.
15 does he not? 15 Q. Okay. So again, where are you getting the four,
16 A. I don't remember exactly -- 16 being kicked four times?
17 Q. Well, then let's go to Al. Al is in POST 6. 17 A. Because --
18 Excuse me. POST 8. And it's going to be on page 33 and 18 Q. For the fourth time?
19 1447 is the line. Oh, excuse me. It's 14. I 19 A. Because Al said he was kicked three times before
20 apologize. 20 he turned and punched Lieutenant Celaya in the face.
21 It is -- go back to your internal affairs. I 21 Lieutenant Celaya told us that she kicked him after he
22 apologize. Your internal affairs, page 14. 22 punched her in the face.
23 A. Okay. 23 Q. But Al says that he was not kicked after she
24 Q. The very top, first line. What does it say? 24 punched him.
25 A. Al stated he was kicked three times in the 25 MS. BECK: Objection. Misstates the transcript.

Page 408 Page 410
1 MS. BAILLIE: Oh, actually, it doesn't. Give me 1 A. I believe, Alliyah.

2 a moment. If you give me a moment, I'll be able to find 2 Q. All right. And --
3 it. If you give me a moment, I'll be able to find it. 3 A. Actually, I think Wayne may have made a
4 ALJ EIGENHEER: Page 38. 4 statement about that as well.
5 MS. BECK: Of what? 5 Q. But, in reality, Keila told you there was no
6 ALJ EIGENHEER: Exhibit 8. 6 argument, didn't she?
7 BY MS. BAILLIE: 7 A. I don't remember.
8 Q. Okay. So on page 38, if you look at 1660. This 8 Q. If you want to look, let's go to POST 9. If you
9 is Al describing that he probably shouldn't have swung 9 look at page 32.
10 back, but he says: 10 A. Okay.
11 What I recall is I get kicked twice, and then 11 Q. Under -- we could start at 1419:
12 with I went to turn around, then I got kicked and, but I 12 Al's daughter is sitting on the couch. My
13 know she wasn't hitting me because Keila says that she 13 husband, Wayne is in our room and she -- meaning Kim --
14 was holding my hand. I don't know if she kicked. 14 comes in. She -- Kim -- goes in the room with Al and
15 And then you ask, did you swing back to hurt her 15 shuts the door. I'm just kinda sitting there telling
16 or did you swing back to stop -- happened to you. 16 Alliyah I don't even know what to do?
17 I swung one time, I put the car back in drive, 17 Question: Could you here anything being said?
18 and I went and parked in the parking lot. 18 1425: No, I could not hear anything.
19 Okay. 19 Do you see that?
20 And I told her this is going to stop... 20 A. Yes.
21 Did kick -- did you get kicked after you hit her 21 Q. Okay. And then if we go to page 34. You
22 too? 22 specifically ask Keila on 1483:
23 And what did he say to you? 23 Was there arguing going on again?
24 A. No. 24 And at 1485, she says: No.
25 Q. Okay. So again, where did you get the fourth 25 Do you see that?
Page 409 Page 411
1 time? 1 A. Yes.
2 A. I answered that. The fourth kick was from 2 Q. So in your report, the statements of Keila don't
3 Lieutenant Celaya. If he's saying he got kicked three 3 even make it in your report, do they? In regard to the
4 times, Lieutenant Celaya has been adamant that she only 4 fact that there was no arguing going on.
5 kicked him after he punched her, then that would be a 5 A. No, they do not.
6 fourth kick. 6 Q. They did not, did they?
7 Q. But everybody is saying there were three kicks. 7 A. Correct.
8 MS. BECK: Your Honor, she's just arguing with 8 Q. Now, you said that Al said that there was
9 him. He's answered the question three times. 9 arguing.
10 MS. BAILLIE: I will move on. 10 A. No. Alliyah and Wayne stated there was. In
11 BY MS. BAILLIE: 11 fact, I believe Wayne even said that Lieutenant Celaya
12 Q. Now, if we go to page 45. 12 had tossed, from memory, a phone charger or keys or some
13 A. Of the same -- which -- 13 other item at Al.
14 Q. Of the internal affairs investigation. 14 Q. Okay. Now, did you ask Wayne? Because you had
15 A. Okay. 15 just talked to Keila to, you just finished the interview
16 Q. At the very top it says -- I believe it's a 16 with Keila at 5:23, and then -- or at 6:20. Let's get
17 carry over -- Lieutenant Celaya then drove Keila Mincey 17 this right. At, yeah, at 6:20. And then you're
18 back to Alvin Beard's residence where Lieutenant Celaya 18 speaking with Wayne at 6:22.
19 engaged in a verbal argument with Alvin Beard before 19 Did you ask Wayne, when did Kim throw the
20 driving herself to West Valley Hospital. 20 charger -- or actually he says the keys -- when did Kim
21 Correct? 21 throw the keys at Al?
22 A. Correct. 22 A. I don't recall.
23 Q. That's what you wrote? 23 Q. You didn't ask him that, did you?
24 A. Correct. 24 A. I don't know. I don't recall.
25 Q. Who told you that there was a verbal argument? 25 Q. And, in fact, Keila told you that Kim was across

Page 412 Page 414
1 the street. Do you remember that? 1 A. -- one above it?

2 A. I do remember that. 2 Q. Paragraph six, lines three, four, and five.
3 Q. Okay. Kim didn't have keys to her Armada, did 3 A. Yes. I do see that.
4 she? Because Al had those keys. 4 Q. Where did that come from?
5 A. Correct. 5 A. Keila's description of what occurred in the
6 Q. Okay. So the only keys that she would have on 6 vehicle.
7 her are the keys to the Kia, right? 7 Q. Actually, Keila says that she was in a bear hug
8 A. Again, I don't remember if it was keys or a cell 8 and Kim's body was facing up.
9 phone charger or -- 9 A. She described -- that's one aspect of it. She
10 Q. Okay. Well, we can look at that. 10 described it as her initially first grabbing her and
11 If you look at page 24, and this is going to be 11 facing Kim, Lieutenant Celaya, and trying to hold her
12 under Tab 10, POST 10, page 24. 12 hands.
13 A. Okay. 13 Q. Okay.
14 Q. And 1036. He said she got mad -- meaning Kim 14 A. To them squirming, sliding over towards the
15 got mad, or gets mad -- and I don't know if she throws 15 middle console, to ultimately trying to bear hug
16 the keys at him or she threw something at him. 16 Lieutenant Celaya to hold her. And as we're talking to
17 Do you see that? 17 her in the interview, she's physically demonstrating to
18 A. Yes. 18 my partner and I how this is progressing. And she is
19 Q. Okay. But you don't even ask where is she 19 actually demonstrating where she's actually leaning
20 throwing, where is she throwing from. Is she close to 20 over, pulling Kim towards her to where Keila is at an
21 Al? You don't ask those questions, do you? 21 angle trying to pull her almost towards the rear
22 A. I don't recall. 22 passenger side door. And now Kim is with her back --
23 Q. Well, obviously you didn't. 23 I'm describing this so you can understand it -- Kim has
24 A. Well, I know, but you're specific to my 24 her back into almost to Keila's chest, where Keila is
25 interview with Wayne. I know that there was more 25 bear hugging her like this, where Kim is leaning back
Page 413 Page 415
1 details that we didn't cover that Keila shared with us 1 into her.
2 as far as when Kim had arrived to the house. Keila had 2 Q. Okay. If you look at page 24 of POST No. 9,
3 wanted to talk to Al and Lieutenant Celaya to, I guess, 3 POST Tab 9 --
4 calm things down and work things out. That's when 4 A. Okay.
5 Lieutenant Celaya left. I don't know what the distance 5 Q. -- page 24.
6 was in between them when this toss of an item was. 6 A. Okay.
7 Q. All right. 7 Q. 1036. You say:
8 A. As far as the time you had asked before, this 8 Okay. You're trying to bear hug her...
9 would have been prior to Lieutenant Celaya going to the 9 To stop it.
10 emergency room. Because at that point, she tossed the 10 And 1040: And her body, upper body, is facing
11 item and then drove away to go to the emergency room. 11 up.
12 Q. And she drove away by herself? 12 Yes.
13 A. Correct. 13 And then she's kicking. If you look at page 23,
14 Q. Okay. Now, in your internal affairs 14 1027. Well, let's go to 1022:
15 investigation, page 38, paragraph six -- 15 Yes, because at that time I'm trying to bear hug
16 A. Okay. 16 her, I guess. You know, just grab her whole body and
17 Q. -- line three through five. You put in here: 17 try and stop it.
18 Lieutenant Celaya was struggling with Keila to 18 Do you see that?
19 break her grip and was gradually sliding low in the seat 19 A. Correct.
20 and had also slid over toward the middle of the 20 Q. Okay. Where does it say anywhere about sliding
21 backseat. 21 toward the middle of the backseat?
22 Do you see that? 22 A. You would probably have to go back a page or
23 A. I'm sorry. You said the -- are you talking 23 two. Because initially Keila demonstrated that she saw
24 about the very last paragraph or the -- 24 Lieutenant Celaya hit Al on the arm with her hand, which
25 Q. Yes. 25 prompted her to slide towards Lieutenant Celaya and grab

Page 416 Page 418
1 her hands. They started to slide over towards the, I 1 ask that question.
2 think she even said the words, middle console, so 2 Q. All right. Did you and Joe try to figure out
3 towards the middle, and continued to progress, where 3 what was happening in the back of the seat? Did you try
4 initially Keila was facing Lieutenant Celaya, holding 4 to role play, and try to figure out how do two people
5 her hand, and ultimately, as they are being pulled 5 get in that position? How could Kim actually kick? Did
6 towards Keila's seat, which is the rear driver, or 6 you ever try to figure that out?
7 passenger side seat, she has since turned Lieutenant 7 A. We actually did, yes.
8 Celaya to where Lieutenant Celaya's back is into Keila's 8 Q. Okay. And when you say you actually did, is
9 chest facing up, meaning that, referring that Lieutenant 9 that role playing?
10 Celaya is now at an angle to where the only way to do 10 A. Not in a vehicle, but the two of us
11 that is to slide down so she is facing up, almost 11 conversing -- because our first thought was how can you,
12 towards the roof of the vehicle. And Keila is now 12 since I have been in an Armada before, my first thought
13 trying to restrain her in a bear hug while she is 13 is how can you kick someone in the front seat when
14 feeling, and seeing, Lieutenant Celaya kick Al. 14 you're sitting in the back. And then, so we did, we
15 Q. Okay. So what you're referring to, and let me 15 brainstormed, like how could this actually occur.
16 just ask you, if you turn to page 20. 16 Once we were able to interview, not only
17 A. 20 in the -- 17 Lieutenant Celaya, but the other witnesses, and based on
18 Q. In the same section of 9. 18 the positioning and how things progressed when she was
19 A. Okay. 19 pulled over and her positioning, it made sense. Because
20 Q. Is what you are explaining here, what she was 20 from that position, sitting on the passenger side rear
21 attempting to explain to you, Keila was attempting to 21 seat at an angle, where your legs are up, which was
22 explain to you on 890 to 898? If you want to just read 22 demonstrated that Lieutenant Celaya's were, it would be
23 that to yourself. 23 very feasible to think that, yes, someone could kick the
24 A. Yes. 24 driver. Just as much as sitting in the, in the rear
25 Q. Okay. All right. So, and Keila at the time 25 driver's side passenger seat, that person would be able
Page 417 Page 419
1 actually demonstrated to you and Sergeant Pacello the 1 to kick a person sitting in the front passenger seat,
2 position with, in regard to the bear hug; is that 2 opposite. If that makes sense.
3 correct? 3 Q. It does make sense. Okay. So did you also try
4 A. Correct. 4 to figure out if, based on what Keila was showing you,
5 Q. All right. Did you ever look at Kim's vehicle, 5 if she's bear hugging Kim, and Kim is, her facing up,
6 the 2011 Armada? 6 and her feet are facing towards the passenger driver's
7 A. No, I did not. 7 side backseat, how would she get a laceration to the
8 Q. Why didn't you look at the vehicle? 8 left side of her eye?
9 A. Because I have been in Armadas before. I didn't 9 A. From being punched.
10 know that her vehicle would be anything special as 10 Q. Okay. In that position, Al was able to punch
11 opposed to another Armada. 11 her in the left side of the eye?
12 Q. Did you know if you had ever been into a 2011 12 A. Well, all witnesses stated that he actually put
13 Armada? 13 the vehicle in park in the roadway and physically turned
14 A. The one I have been in several times is a newer 14 his body and struck her in the face.
15 model. I don't know what it is. It would be post 2010. 15 Q. Okay. In your report you say that Al's head and
16 So unless there was a change in body style -- I have 16 neck, that a CT scan was conducted on Al's head and
17 been in a newer Armada. 17 neck, and he was given a shot of Demerol for pain.
18 Q. Okay. Did you get the height, weight of the 18 A. Correct.
19 individuals in the backseat. Like Keila, did you get 19 Q. Do you remember that?
20 her height and weight? 20 A. Yes.
21 A. Visual appearances. I didn't ask her her height 21 Q. Okay. In Al's investigation, or excuse me, in
22 and weight. 22 Al's interview, he never once tells you about Demerol.
23 Q. Okay. And Kim, did you ask Kim her height and 23 Where did you get Demerol?
24 weight? 24 A. Unless that was a, a side conversation he had
25 A. Again, it's visual appearance. No, I did not 25 with Sergeant Pacello, I don't know about the medication

Page 420 Page 422
1 that he had, he had received. 1 informal conversation from witnesses in your internal
2 Q. Okay. So you're saying you didn't write a shot 2 affairs investigation, right?
3 of Demerol? 3 A. Yes.
4 A. I don't know what medication he received. 4 Q. Okay. Now, in your internal affairs
5 Q. Okay. And then after that, Al was later told by 5 investigation on page 25, there is a thing called,
6 his doctor, during a follow-up appointment, that he 6 Follow-Up, there's a section called, Follow-up, isn't
7 suffered whiplash as a result of being kicked in the 7 there?
8 head and neck. Where did you get -- 8 A. Yes.
9 MS. BECK: What page are you on? 9 Q. Okay. And in fact on Wednesday, November 27th,
10 MS. BAILLIE: Yes. It's 41 of the internal 10 somebody, you, I guess, wrote that you followed up for a
11 affairs investigation. 11 video surveillance, we made contact with the store
12 BY MS. BAILLIE: 12 manager at Estrella Parkway.
13 Q. Where did you get the term whiplash? 13 Do you see that?
14 A. That was when we, my partner and I, Sergeant 14 A. Yes.
15 Pacello had gone to Wayne and Keila's residence a few 15 Q. Okay. And you also say you went to Safeway,
16 days, I believe, after our interview, for a follow up. 16 that you went to QT, that you talked to a desk clerk and
17 And the reason being is that Keila had mentioned that 17 at another -- for a video. But where in the follow-up,
18 she had received a text message from Lieutenant Celaya 18 where are you telling anybody that you went back over to
19 while Lieutenant Celaya was sitting in the parking lot 19 three witnesses and spoke with them and received further
20 of the West Valley Emergency Room. And it would have 20 information about this case?
21 been the morning, I believe, of the 24th, early morning 21 A. It's not in our report.
22 of the 24th. We had asked Keila if we could see that, 22 Q. Why isn't it in the report?
23 the text message. At the time of our interview, I 23 A. Again, our intention was to go over there and to
24 believe she had mentioned that she had switched phones, 24 seek text messages. The information we gathered was
25 but still had the other phone, and so we were to come 25 just in small talk. We weren't doing follow-up to do
Page 421 Page 423
1 back later to see that. And I believe it was a couple 1 follow-up on the -- I mean, doing a follow-up interview.
2 of days. 2 The follow-up we have listed here is, these were the
3 So when my partner and I went over there to try 3 tasks that we were actually doing follow-up on, getting
4 and view these text messages, Al was also outside, and 4 video surveillance. Our task was doing follow-up to
5 there was just some small talk of, hey, how are things 5 gain text messages that were gone, that didn't exist
6 going, did you go to the doctor. And that may be also 6 anymore.
7 the time where Al mentioned -- and I don't know this for 7 Q. All right. So you talk about video, going over
8 sure, this is something that you would obviously have to 8 the video on November 27, but you don't tell anybody
9 ask Sergeant Pacello, the Demerol -- but I believe that 9 that there were no text messages that you were able to
10 was a time when Al mentioned to us that he went to his 10 retrieve, even though you tried to retrieve them,
11 doctor and said that he had suffered whiplash. 11 correct?
12 Q. Okay. Did you take any notes when you went over 12 A. Correct.
13 to Keila and Wayne's house? 13 Q. Wouldn't that have been important in this case?
14 A. No. I mean, we're talking a very brief -- our 14 A. I don't know that it's important. It should
15 intention of going over there was to get, to view text 15 have been in this report, we should have included that,
16 messages. We were not going over there to do a 16 that we did go back as follow-up.
17 follow-up interview, and it was just by chance that all 17 Q. When did you go back? What was the date?
18 three of them were standing out front. So we weren't 18 A. I don't -- I can't tell you the exact date. I
19 going to be rude and not just have some brief 19 want to say it was within two days of our interview with
20 conversation of, hey, how are things going. So we 20 Keila and Wayne and Al. It was within a very short
21 didn't take notes, we didn't record it. This wasn't a 21 time. I don't remember the exact, the exact day.
22 formal interview. This was merely just saying hey, how 22 Q. Okay. In your report, you stated that -- let me
23 are things going, how's the neck. That was the 23 just find it -- on page 40.
24 specifics of it. 24 A. Okay.
25 Q. Okay. So you used information that was just an 25 Q. And this is going to be the full paragraph

Page 424 Page 426
1 number two, and it's line seven. So almost the last 1 A. Okay.
2 line. It says: 2 Q. And go to Tab 2. This is POST's Charge Board
3 Al was currently lying down on the bed, closed 3 documents. And in this, if you go to page two, these
4 the door behind her, and engaged in another verbal 4 are case notes. Page two?
5 argument with Al? 5 A. Yep.
6 And I'll read that appropriately. So starting 6 Q. Okay. And these are case notes. Now, AZ POST,
7 at line five: Lieutenant Celaya -- 7 it appears, used your internal affairs investigation and
8 A. Hold on. I'm sorry to cut you off. I don't 8 reiterated some of the facts in their case notes. For
9 have the numbers on mine, so I'm trying to -- 9 instance, if you look at No. 3, paragraph No. 3, line 3:
10 Q. Paragraph two. 10 During The Drive, Lieutenant Celaya became
11 A. Yeah, but you said number -- 11 disruptive and rolled down the windows yelling at
12 Q. And number five, line five. 12 passing motorists?
13 A. Okay. I'm sorry. 13 Do you see that?
14 Q. Lieutenant Celaya entered Keila and Wayne's 14 A. Yes.
15 residence, walked into the house, entered the bedroom 15 Q. And in fact, we already established that that
16 where Al was currently lying down on the bed, closed the 16 was Keila who was doing that, based on what Wayne had
17 door behind her and engaged in another verbal argument 17 stated. But, also, if you look at page three of AZ
18 with Al. 18 POST, if you go to number, paragraph No. 11 and lines
19 Right? 19 three and four again:
20 A. Correct. 20 Upon Lieutenant Celaya's arrival, she entered
21 Q. Where did you get that from? 21 the residence and a verbal argument ensued?
22 A. I don't know. I don't know. 22 Do you see that?
23 Q. Because in reality, Keila never says that. In 23 A. Yes.
24 fact, Keila is the one on, under Tab 9 of Keila's 24 Q. Okay. We also have, under No. 12, the very last
25 interview, if you go to page 32 and page 34. 32 is 1419 25 line, number four:
Page 425 Page 427
1 to 1421, this is where Keila is saying that Kim comes 1 He was -- meaning Al -- was later determined to
2 over, my husband, Wayne, is in our room, Kim comes in, 2 have sustained whiplash from the kicks.
3 she goes in the bedroom with Al and shuts the door and 3 Right?
4 I'm just kind of sitting there. 4 A. Correct.
5 Do you see that? 5 Q. Okay. And that came from your report. AZ POST
6 A. Yes. 6 has also included terms, if you look at No. 14,
7 Q. And she says, again, I didn't hear anything. 7 paragraph No. 14, line, one, two, three -- four:
8 And again, on page 34, she says there was, there was no 8 Lieutenant Celaya refused to provide any
9 argument. 9 information and asked him not to make any notifications
10 In other words, you ask was there arguing going 10 concerning her appearance and/or demeanor.
11 on, and she said no, right? 11 And that was Kim Celaya with Sergeant Pinuelas?
12 A. Correct. 12 Do you see that?
13 Q. However, you wrote in your investigation that 13 A. Yes.
14 the chief and everybody reads, including AZ POST, that 14 Q. And so AZ POST is using your report and your
15 Keila went in -- excuse me -- Kim went in, closed the 15 terms to draft their case notes. Do you see that?
16 door behind her, and engaged in another verbal argument 16 A. Yes.
17 with Al. You wrote that in there, correct? 17 Q. But your report has inaccuracies in them,
18 A. Correct. 18 because you -- isn't that correct, what we've just
19 Q. Okay. Did you realize that all of these 19 established?
20 statements that you were making would eventually go to 20 A. Specific to which one?
21 POST? 21 Q. We, we've just gone over them. The fact on page
22 A. It's based on the discipline. So if the 22 40, that there was no engagement of another verbal
23 employee is terminated or resigns in lieu of, then, yes, 23 argument with Al behind closed doors?
24 I know our investigations go to POST. 24 MS. BECK: Your Honor, that misstates the
25 Q. Okay. I want you to go to the white notebook. 25 testimony.

Page 428 Page 430
1 MS. BAILLIE: No. It does not. We just went 1 Kim refused to provide any information and asked
2 over this. 2 Sergeant Pinuelas not to make any notifications, Kim
3 MS. BECK: Okay. There is the other testimony 3 didn't have a requirement to, to provide any information
4 contrary that he's already testified about. 4 to Sergeant Pinuelas, did she?
5 ALJ EIGENHEER: So noted. 5 A. No.
6 BY MS. BAILLIE: 6 Q. Was that a no?
7 Q. On page 40, paragraph two, line six through 7 A. No, she did not.
8 eight, did anybody tell you anybody -- anybody not 8 Q. Sergeant Pinuelas is in fact, a subordinate,
9 including Keila because we know Keila did not tell you 9 right?
10 this -- did anybody tell you that there was, they 10 A. Correct.
11 engaged in another verbal argument, Kim and Al engaged 11 Q. Okay. So didn't Kim tell you that she told
12 in another verbal argument? 12 Sergeant Pinuelas that she was going to handle it?
13 A. Alliyah. 13 A. She told him not to say anything because she was
14 Q. Behind closed doors? 14 going to handle it.
15 A. I don't recall. I'd have to look exactly where 15 Q. Okay. And sergeant, lieutenant -- it was
16 she said the verbal argument occurred. 16 Lieutenant Singleton that told Sergeant Pinuelas not to
17 Q. We have Alliyah. So if you look at page two of 17 tell anybody, correct?
18 Alliyah's transcript, and you look -- and again, these 18 A. Oh, I don't recall that.
19 are not transcripts, so I apologize. This is a summary. 19 Q. Okay. If you go to Lieutenant Singleton's
20 The fourth paragraph: 20 interview, which is going to be POST 13, and it is going
21 Alliyah stated that after a while, Kim and Al 21 to be on page six.
22 exited the room and walked out front and both Keila and 22 A. Okay.
23 Wayne followed. Alliyah stated, while they were 23 Q. Oh, you know what. I'm sorry. It's not. It's
24 outside, she could tell that Al and Kim were arguing? 24 page four. I apologize. Page four.
25 Do you see? 25 A. Okay.
Page 429 Page 431
1 A. Yes. 1 Q. And this is Lieutenant Singleton talking to you,

2 Q. Okay. There was no place in Alliyah's 2 and it's describing what, what he said and what was told
3 statements, or the summary of her statements, that says 3 to him. We can start at 136. It says:
4 that there was an argument going on between Kim and Al 4 Maybe. Maybe a stitch or two, and so she says
5 in Al's bedroom behind closed doors. 5 -- Kim says -- okay, thanks. And she cleaned up -- now
6 A. Correct. 6 this is what Pinuelas is telling, Lieutenant Singleton
7 Q. So that information is blatantly false. 7 is telling you -- she said she was going home. I
8 A. The argument occurred outside and not inside. 8 said -- Lieutenant Singleton says -- all right, I said,
9 Q. This information that you wrote, entered the 9 okay, do me a favor, keep this to yourself. I said,
10 bedroom where Al was currently lying down on the bed, 10 I'll take care of this, but I don't want, I don't want
11 closed the door behind her, and engaged in another 11 this getting out to everybody, so don't say anything to
12 verbal argument with Al is false, correct? 12 anybody else, let me deal with it?
13 MS. BECK: Your Honor, she is arguing with the 13 Do you see that?
14 witness. 14 A. Yes.
15 MS. BAILLIE: I'm not. 15 Q. Okay. So Lieutenant Singleton told Sergeant
16 MS. BECK: She's already established what it 16 Pinuelas not to tell anybody, correct?
17 says. 17 A. Correct.
18 MS. BAILLIE: I'm asking him. Is It false? 18 Q. All right. That term, or that quote didn't make
19 It's a yes or no. 19 it into your report, did it?
20 MS. BECK: It says what it says, Judge. 20 A. That's, that's expected. There would be no
21 MS. BAILLIE: It's a yes or no question, Judge. 21 reason to bring that into our report. Sergeant Pinuelas
22 ALJ EIGENHEER: And he's answered it already. 22 is making notification to his supervisor, who is
23 BY MS. BAILLIE: 23 Lieutenant Singleton. Lieutenant Singleton is telling
24 Q. So, Sergeant Hughes, in regard to your report, 24 him he's going to take care of it and he is going to
25 the internal affairs report, where you stated that, that 25 notify -- in this case he contacted Lieutenant Celaya.

Page 432 Page 434
1 Had she not gone forward, he would have contacted Deputy 1 Q. What's the date of this memo?
2 Chief Rogers. 2 A. June 16, 2014.
3 Q. Okay. 3 Q. And who is it from?
4 A. That's absolutely proper for him to tell a 4 A. Lieutenant Scott Benson.
5 subordinate, do not tell because we don't, for lack of 5 Q. And who is it addressed to?
6 better, we would not want to bring embarrassment to 6 A. Chief Geier.
7 Lieutenant Celaya and have the department know that she 7 Q. Are you familiar with this memo?
8 was at the training building at 4 o'clock in the morning 8 A. Yes, I am.
9 with an injury to her eye. 9 Q. What's the incident portrayed here? If you need
10 Q. Okay. So if it's okay for Lieutenant Singleton 10 to refresh your memory, go ahead.
11 to tell Sergeant Pinuelas to keep it quiet, why isn't it 11 A. I do. Just give me one second, please.
12 okay for Sergeant, excuse me, Kim, Lieutenant Celaya, to 12 This is in reference to a, a civil standby that
13 tell the sergeant you don't need to notify? 13 was requested, I believe, Lieutenant Celaya -- and this
14 A. Because she is the subject. She is telling a 14 goes back to November of 2013 -- Lieutenant Celaya had
15 subordinate, telling the subordinate not to make 15 contacted Chief Geier, and the details of that
16 notification. You have a lieutenant, who now the 16 conversation I don't know, but I know it was requested
17 subordinate is now notifying his lieutenant, which is 17 that an officer stand by -- Al and Lieutenant Celaya,
18 the proper way of doing it. The report goes up the 18 who are living together at the time, I believe Al was
19 chain of command, not down. Meaning, Lieutenant Celaya, 19 leaving the residence and may have been taking -- there
20 as the subject of what occurred is telling the 20 was a question about the property that he was taking.
21 subordinate not to say anything, and now that 21 Lieutenant Celaya didn't want him taking some property.
22 subordinate is now making notification to his 22 So Lieutenant Scott Benson, who was the on-duty watch
23 lieutenant. So it's going, now, back up the chain of 23 commander, which is the highest ranking person on shift,
24 command like it's supposed to. There's a huge 24 responded and stood by while Al gathered whatever
25 difference between that. 25 belongings he was getting and put in his vehicle and
Page 433 Page 435
1 MS. BAILLIE: I have no further questions. 1 left.

2 ALJ EIGENHEER: Redirect? 2 Q. In the third paragraph, when Lieutenant Benson
3 MS. BECK: Could we have a 20 minute recess, 3 arrived, what did he observe?
4 please? 4 A. Do you want me to read this directly from the
5 ALJ EIGENHEER: Okay. We'll go off the record. 5 memo, or just --
6 (Recess taken from 2:40 p.m. to 3:03 p.m.) 6 Q. You can summarize it or read it, whatever you
7 ALJ EIGENHEER: Back on the record. Please 7 prefer.
8 proceed. 8 A. I'll read it just so I'm accurate.
9 9 I saw a man getting into a vehicle in the
10 REDIRECT EXAMINATION 10 driveway. As I walked up, I could see the car was
11 BY MS. BECK: 11 packed as if he was moving out. I could see he was
12 Q. Lieutenant Hughes, counsel asked you -- 12 upset, and I told him that I was there to make sure
13 A. Sergeant. 13 everything was okay. I asked him if he would mind
14 Q. Pardon? I mean, Lieutenant -- 14 waiting while I spoke to Kim, referring to Lieutenant
15 A. Sergeant. 15 Celaya. He stated that he would wait while I spoke with
16 Q. What did I say? Oh, I'm giving you a promotion. 16 Kim.
17 A. I appreciate it, but it's sergeant. 17 Q. Did he speak with Lieutenant Celaya?
18 Q. Sergeant Hughes, counsel asked you whether you 18 Go ahead and read the next paragraph.
19 knew that Al had had a prior encounter with the Goodyear 19 A. Okay. Yeah.
20 Police Department. 20 I then spoke with Lieutenant Celaya inside her
21 A. Correct. 21 front door in the foyer/kitchen area. She was also
22 Q. I'm going to pass out what I have marked as POST 22 visibly upset. She appeared as if she had been crying.
23 Exhibit 25. 23 I asked her if she was okay, and she stated yes. I
24 (Brief pause.) 24 asked her what was going on. Lieutenant Celaya told me
25 BY MS. BECK: 25 her boyfriend was leaving and taking her television set.

Page 436 Page 438
1 I asked where the television set was, and she told me it 1 going on and she stated no. The house appeared to be in
2 was in his car in the driveway. I spoke with Lieutenant 2 order and there were no visible signs of an altercation
3 Celaya about the property already being loaded in his 3 either in property damage or injury.
4 vehicle, that it was a civil issue, but if she could not 4 Q. Next paragraph.
5 prove ownership, a receipt or something, that I could 5 A. I immediately went outside and told the
6 talk to him about possibly leaving it. Lieutenant 6 gentleman in the vehicle that I was all set and didn't
7 Celaya then told me that he, referring to Al, had 7 need him to stay. He thanked me and then went on to say
8 bought, purchased the television and that it was 8 that he was tired of Kim being controlling and accusing
9 supposed to be a gift for the house. I then told her 9 him of infidelity. He became very upset and began to
10 that, with that information, that the television was 10 cry as we parted company.
11 actually his and that there was nothing I could do. 11 Q. Did, according to this memo, did Al do anything
12 Lieutenant Celaya stated she knew that but that she 12 wrong?
13 thought it wasn't right of him to do. 13 A. No.
14 MS. BAILLIE: Okay. And I'm actually going to 14 Q. You talked about going over to the residence and
15 object to this memo and to any further statements or 15 finding Al, Keila, and Wayne out in the front yard,
16 anything about this memo in regard to the fact that this 16 right?
17 memo was drafted June 16th of 2014. My client was 17 A. Correct.
18 terminated from Goodyear PD January 17th, 2014. This 18 Q. Did they provide you any information of
19 memo has come after termination. This memo from -- I 19 significant, that is important, that is not in your
20 guess a Lieutenant Benson wrote a memo. I don't know 20 report?
21 why he wrote this memo -- 21 A. Are you referring to the second time I contacted
22 MS. BECK: Your Honor, does she have a specific 22 them?
23 objection or is she just going to give a speaking 23 Q. Yes. When they were out in the yard and you
24 objection. 24 went over there to talk about the text.
25 MS. BAILLIE: Yes. I'm objecting to this memo, 25 A. No. There was nothing of significance in that
Page 437 Page 439
1 and I'm telling you why I'm objecting to it. 1 meeting.

2 ALJ EIGENHEER: On what basis? 2 Q. Counsel referred you to her exhibit, the NOI.
3 MS. BAILLIE: On the basis that this individual 3 I'm going to refer you to POST exhibit with the NOI.
4 is not the proper person to even talk about a memo from 4 It's in the green book, Exhibit 6. The last two pages.
5 Lieutenant Benson. So it's improper foundation because 5 A. Okay.
6 he didn't write this memo, on the basis that this is 6 Q. Counsel was very precise in reading to you only
7 information that is being recollected, I assume, from an 7 paragraph 2. I'd like you to read paragraph 6. The
8 incident prior to November 2013 and being recollected on 8 first introductory phrase says, you are hereby advised
9 June 16, 2014. 9 and ordered to comply as follows.
10 So there is lack of foundation, first of all, 10 And what does paragraph 6 say?
11 and the impropriety or the -- I'll just say lack of 11 A. You are ordered to disclose to the investigator
12 foundation. 12 any and all information you are aware of about the
13 MS. BECK: The witness has already provided 13 matters under investigation and to bring to the
14 foundation. He's familiar with the memo. It goes to 14 attention of the investigator any witness information or
15 the weight, not the admissibility. 15 evidence you believe may be relevant to this
16 ALJ EIGENHEER: I'll allow it and I'll give the 16 investigation.
17 evidence the weight I deem appropriate. 17 Q. Turning to the first page of that exhibit,
18 MS. BECK: Move for the admission of 25. 18 Exhibit 6, the interview of 11/26/13 of Lieutenant
19 ALJ EIGENHEER: Noting your objection, POST 25 19 Celaya.
20 is admitted. 20 A. Yes.
21 (POST Exhibit 25 was admitted into evidence.) 21 Q. Starting on line 35, did you read her the
22 BY MS. BECK: 22 factual basis for the NOI?
23 Q. According to the memo, what does Lieutenant 23 A. Yes.
24 Benson say in the next to the last paragraph? 24 Q. And did you read her the admonitions, including
25 A. I asked Lieutenant Celaya if anything else was 25 paragraph 6 that you just read?

Page 440 Page 442
1 A. Yes. 1 A. Yes.
2 Q. On paragraph three, which we've gone over 2 Q. There was much conversation about whether Al was
3 several times, but I'd like to highlight it again, at 3 mad, pissed, whatever the case may be.
4 the top, on page, line 91, read what your question is. 4 Does it make any difference whether Al was mad
5 A. Okay. Why don't you go ahead and tell us 5 or not in terms of whether you can justify Lieutenant
6 exactly what, what happened and from the beginning to 6 Celaya's conduct?
7 the end. Be as descriptive as possible. Let us know 7 A. No.
8 how it started and progressed and how it ended. 8 Q. Okay. Please elaborate.
9 Q. When you say from the beginning to the end, 9 A. His -- all three witnesses, including Al, were
10 would you have expected her to disclose they had started 10 very clear that Lieutenant Celaya was the aggressor and,
11 out at Majerle's? 11 not only struck him on the arm with her hand several
12 A. Absolutely. 12 times, but also kicked him in the head/neck area several
13 Q. Do you remember who was the first witness who 13 times before he actually struck her with his fist. His
14 told you they were at Majerle's? 14 demeanor, whether he was angry, pissed, upset, was not
15 A. The first -- I believe Al was the first person 15 really relevant because he did not strike her before
16 we interviewed, the first witness. He told us that. 16 being hit several times.
17 Q. Do you believe that your question from beginning 17 Q. In terms of whether she committed assault, does
18 to end was specific enough to inform her what you were 18 it make any difference whether she hit or kicked him
19 talking about? 19 three times, four times?
20 A. Yes. 20 A. No. One time would be considered an assault.
21 Q. Exhibit 16. 21 Q. Okay. There's been much conversation about
22 A. Can I expand on that question -- 22 whether he slammed his drink down, pounded the table,
23 Q. I'm sorry. Go ahead. 23 tapped the table, or whatever the case.
24 A. Okay. And your question was, was it specific 24 Does it matter whether he slammed the drink down
25 enough. And the reason why I say yes, because her 25 or not?
Page 441 Page 443
1 answer was a group of us went out to meet a mutual 1 A. No.

2 friend and actually our evening had started over in 2 Q. In terms of Lieutenant Celaya's explanation of
3 Chandler and that nothing had happened. 3 what happened, was she untruthful about that element?
4 Q. And is that accurate? 4 A. Yes.
5 A. No. 5 Q. Did it go to the issue of whether she committed
6 Q. Why? 6 assault or disorderly conduct?
7 A. Because the evening actually started five hours 7 A. The fact that he allegedly, in her eyes, slammed
8 earlier in Goodyear at Majerle's. 8 the glass? No. There's not a correlation to whether
9 Q. Exhibit 16. Counsel asked you various questions 9 the fact that he did or did not slam the glass, there is
10 on this memo from Deputy Chief Rogers. The last 10 not a correlation to an assault occurring later.
11 paragraph, right in the middle, it says, Lieutenant 11 Q. There was a lot of conversation about whether
12 Celaya stated that Al. Do you see that? 12 they were having a heated discussion at the bar or not.
13 A. Yes. 13 Does that make any difference as to whether
14 Q. Read that sentence. 14 Lieutenant Celaya committed assault and disorderly
15 A. Lieutenant Celaya stated that Al currently lives 15 conduct?
16 with two other mutual friends and that they decided to 16 A. No.
17 go, to all go out for the evening to Roman's Oasis where 17 Q. Although there wasn't any audio on the videotape
18 they would meet more mutual friends, or maybe just one 18 of the bar scene, what's your experience with bar scene,
19 friend, from Atlanta. 19 in terms of what the noise level would likely be?
20 Q. So did she disclose to Deputy Chief Rogers that 20 A. Well, I have been in that bar several times; not
21 they had started out at Majerle's? 21 as a patron, but to do follow-up on this case, and it is
22 A. No, she did not. 22 quite loud in there. There's -- what you don't see in
23 Q. Does the police department policy or general 23 this bar is that there is, I believe, three different
24 orders require an officer who is involved in a domestic 24 sections, and each one -- one area has a live band, and
25 relations matter to report that to the department? 25 there's two jukeboxes, and so it's quite loud in there.

Page 444 Page 446
1 Q. Would you turn to POST Exhibit 18 in the blue 1 Q. On page seven, line 289, what does Al tell you
2 book, please? 2 he had to drink?
3 A. Okay. 3 A. I had a gin and tonic over there, but there,
4 Q. This is a letter from -- or is it a memo -- a 4 over there, but we -- I'm sorry, I have to slow down.
5 letter from Deputy Chief Marzocca. 5 I had a gin and tonic over there, but we was
6 And, Your Honor, I may have misidentified this 6 there from, from 11:00 to close.
7 in my exhibits. I think I said it was from the chief. 7 Q. Did he disclose he had a Yukon?
8 It's from Deputy Chief Marzocca, in my witness list. 8 A. No.
9 ALJ EIGENHEER: Oh, I'm sorry. Exhibit 18? 9 Q. No. Does it matter whether he had a Yukon or
10 Okay. 10 not?
11 BY MS. BECK: 11 A. No.
12 Q. And it's address to Kim Celaya? 12 Q. In the big scheme of things?
13 A. Yes. 13 A. No, it does not.
14 Q. And this is the notice of recommendation for 14 Q. There was a bit of, a bit of conversation about
15 termination? 15 Wayne saying Lieutenant Celaya threw something, and you
16 A. Correct. 16 were asked did you measure the difference, the distance.
17 Q. On page five, does he list aggravating and 17 A. Correct.
18 mitigating factors? 18 Q. What difference does it make what distance it
19 A. Yes. 19 was?
20 Q. Would you read those factors, please? 20 MS. BAILLIE: Objection. Leading.
21 MS. BAILLIE: Actually, I'm going to object. 21 ALJ EIGENHEER: You can answer the question.
22 This is outside the scope of cross-examination. I never 22 THE WITNESS: I don't know what the relevance is
23 asked about this. I never talked about this particular 23 to the distance.
24 notice of recommendation of termination. My whole 24 BY MS. BECK:
25 questions on cross-examination was the notice of 25 Q. Just one second, please.
Page 445 Page 447
1 termination. 1 There was some questioning concerning whether Al

2 ALJ EIGENHEER: I'll allow it. 2 and Lieutenant Celaya, at the residence, had an argument
3 BY MS. BECK: 3 inside or outside.
4 Q. Go ahead, please. 4 Whether they had an argument inside or outside,
5 A. As a lieutenant in the department, you are a 5 does that affect whether Lieutenant Celaya committed
6 supervisor, and as such are expected to conduct yourself 6 assault?
7 as a role model for employees. As an employee of this 7 A. No, it does not.
8 department, you are required to answer questions asked 8 Q. Disorderly conduct?
9 of you during an administrative investigation fully and 9 A. No, it does not.
10 truthfully, and to disclose to the investigator any and 10 Q. Exhibit 6, please. Lieutenant Celaya's first
11 all, information you are aware of about the matters 11 interview, page 14. Just one second.
12 under investigation, which you failed to do. In 12 On line 623 and 624, Lieutenant Celaya told you
13 addition, you are expected to not engage in criminal 13 that she got hit, and then what does she say? I just
14 activity. All of these factors and requirements are 14 started...
15 aggravating factors that are relevant to this 15 A. I just started, you know, kicking with my feet,
16 investigation and the recommended discipline. The fact 16 because I know he was still looking at me. And then he
17 that you have no prior disciplinary history with the 17 just pulled over, and as soon as he pull the car around,
18 City of Goodyear is a mitigating factor that has also 18 I just got off.
19 been considered. 19 Q. There's been some conversations about the Yukon
20 Q. Now I'd like you to turn to Exhibit 8, please, 20 and whether she could kick Al from being in the
21 the interview with Alvin Beard. 21 backseat.
22 A bit of to-do was made over whether you put in 22 A. The Armada?
23 your report that he had a Yukon drink. Do you remember 23 Q. I'm sorry. The Armada.
24 that questioning? 24 Do you know, from statements from Lieutenant
25 A. Yes. 25 Celaya, that she kicked him from the backseat?

Page 448 Page 450
1 A. Yeah. She admitted to that. 1 THE WITNESS: Lori Ketron, L-O-R-I, K as in

2 Q. Was Lieutenant Singleton the watch commander 2 king, E-T-R-O-N.
3 that night? Or what was his position? 3 ALJ EIGENHEER: Please proceed.
4 A. Yes. The, the night watch commander works from 4
5 6:00 p.m. to 4:00 a.m. When they are off duty at 5 LORI KETRON,
6 4:00 a.m., there is not another, other than the sergeant 6 a witness herein, having been previously sworn by the
7 on duty, there's not another watch commander or higher 7 Administrative Law Judge to speak the truth and nothing
8 ranking official that comes on, usually until 8:00 in 8 but the truth, was examined and testified as follows:
9 the morning. So that four hour gap between 4:00 in the 9
10 morning and 8:00 in the morning, the nighttime watch 10 DIRECT EXAMINATION
11 commander that got off at 4:00 in the morning is still 11 BY MS. BECK:
12 responsible for anything that should occur between the 12 Q. Ms. Ketron, where are you employed?
13 hours of 4:00 and 8:00 in the morning. 13 A. Arizona POST.
14 Q. What did Lieutenant Singleton's position as 14 Q. What is your position there?
15 night watch commander mean for Officer Pinuelas? 15 A. I'm a compliance specialist.
16 A. As far as making a report of this incident? 16 Q. All total, how many years have you been with
17 Q. Yes. 17 POST?
18 A. That was, Lieutenant Singleton was the night 18 A. I started in February of 2007.
19 watch commander. Though this incident occurred after 19 Q. Were you a sworn police officer before that?
20 Lieutenant Singleton had already gone home, I believe it 20 A. I was. I retired in June of 2013.
21 was around 5:00 in the morning, the nightshift 21 Q. From what agency?
22 supervisor, which is the sergeant, once the night, the 22 A. The Arizona Department of Public Safety.
23 watch commander goes home, the sergeant is now the 23 Q. Was another compliance officer assigned to this
24 highest ranking authority but reports activity, such as 24 before you took over?
25 this, to his lieutenant, and that is Lieutenant 25 A. Yes, ma'am.
Page 449 Page 451
1 Singleton. So he was, he was obligated to make 1 Q. Was that Jeff Kirkham?

2 notification to Lieutenant Singleton. 2 A. Yes.
3 Q. Even though Lieutenant Celaya and Lieutenant 3 Q. And did he leave the agency?
4 Singleton were both lieutenants, does Lieutenant 4 A. He did.
5 Singleton's position as night watch commander have some 5 Q. Would you look at Exhibit 1, please? Green
6 significance here? 6 book.
7 A. It does for that evening, because he is the 7 This is in evidence, but would you please tell
8 highest ranking authority on shift at that time. 8 the Judge what this is?
9 Lieutenant Celaya was on her day off. So the 9 A. This is a form from the Arizona Peace Officer
10 night watch commander, whoever is on duty at that time, 10 Standards and Training Board. This is our peace officer
11 is the highest ranking authority for that shift. If I'm 11 termination report. So when an individual's appointment
12 explaining that without -- 12 with an agency has been terminated, the agency is
13 MS. BECK: Yes. Yes. Thank you. 13 required to submit this form to Arizona POST.
14 That's all I have. Thank you. 14 Q. In the middle section where it says, please
15 He will remain for rebuttal, please. 15 check all appropriate boxes, Roman numeral III, what has
16 ALJ EIGENHEER: Okay. Then you may step down, 16 the agency checked?
17 and they will let you know if they need you for rebuttal 17 A. Roman numeral III is this agency is aware of
18 in March. 18 conduct that may violate Arizona Administrative Code R,
19 MS. BECK: Just leave that on the table, please. 19 as in Robert, 13-4-109A, as in Adam, 1 through 9, and as
20 Thank you. 20 required by A.R.S. 41-1828.01 is reporting such
21 Call Lori Ketron. 21 misconduct.
22 (Lori Ketron was duly sworn by the 22 Q. And what is the termination date?
23 Administrative Law Judge.) 23 A. Termination date is January 17th, 2014.
24 ALJ EIGENHEER: Would you please state your 24 Q. Exhibit 2, please.
25 name, spelling it for the record? 25 What is this?

Page 452 Page 454
1 A. This is another internal form for the Arizona 1 well, this is why I drafted this, this is why I said,
2 Peace Officer Standards and Training Board. This is our 2 this is why I wrote this. I don't know that.
3 peace officer record of appointment, status and 3 And if -- and maybe if they want to do a voir
4 training. So every officer in the State of Arizona has 4 dire of this witness, I could do that and find out. Or
5 one of these records at Arizona POST. 5 if Nancy, if Ms. Beck would like to ask that question.
6 Q. When counsel was going over several points in 6 But otherwise, it is inappropriate for this witness to
7 the, in this case overview -- and by the way, I'm sorry, 7 be talking about the specifics of this document and how
8 I'm onto 3 already. I apologize. 8 certain words are being used and how it affects POST,
9 Was this case overview written by Jeff Kirkham? 9 because this is not the person who wrote this.
10 A. Yes. 10 MS. BECK: Your Honor, I'm not asking her how it
11 Q. Counsel went over several points. One was that 11 affects POST. Counsel went through a number of picayune
12 Sergeant Hughes and the IA people had provided POST 12 items. None of those items matter in terms of whether
13 certain information, and one of the pieces of 13 the alleged conduct is true and whether the violations
14 information was who rolled down the window and yelled. 14 of rules have occurred. She opened the door. This
15 POST has alleged two pieces of conduct here. The first 15 witness can testify about whether those issues matter or
16 is that Lieutenant Celaya hit her boyfriend and kicked 16 not.
17 him in the head. 17 MS. BAILLIE: I did not open the door to this
18 Does who rolled down the window and yelled 18 witness.
19 affect whether that conduct is true or not? 19 MS. BECK: She opened the door to the issue of
20 MS. BAILLIE: I going object to this witness 20 the case overview and the picayune little points.
21 talking about a document that was drafted -- it's 21 ALJ EIGENHEER: I'll allow the question.
22 already been established that Jeff Kirkham drafted this 22 BY MS. BECK:
23 document and is the author of this document. I don't 23 Q. My question, again, was, does who rolled down
24 know who Jeff Kirkham spoke with. I don't know what he 24 the window and yelled affect whether Lieutenant Celaya
25 read, or how he got to this, writing this document, but 25 hit her boyfriend and kicked him in the head?
Page 453 Page 455
1 this particular witness did not write this document. So 1 A. No.

2 this particular witness would not be able to advise you, 2 Q. Does it affect whether she was dishonest with
3 the Judge, as to how the rolling down the windows and 3 IA?
4 yelling at passing motorist has to do with this 4 A. No.
5 document. Because this witness, not only didn't draft 5 Q. Does it affect whether she committed assault?
6 this, but this witness also did not present the case 6 A. No.
7 notes to the AZ POST Board itself back on, whenever it 7 Q. Whether she committed disorderly conduct?
8 was presented to the Board on March 19th, 2014. 8 A. No.
9 So, again, I'm objecting because this witness 9 Q. There was questioning about the word whiplash,
10 cannot speak to this document. 10 whether Al had whiplash or not.
11 The witness can talk about AZ POST and how AZ 11 Does it affect whether the two alleged conducts
12 POST proceeds and the proceeding, the procedures, but 12 are true or not?
13 cannot give you, the Judge, information about this 13 A. No.
14 particular document. 14 Q. Or whether the violation of POST rules have
15 MS. BECK: Judge, it doesn't matter who wrote 15 occurred?
16 the document. The document says what it says. It's 16 A. No.
17 already in evidence. 17 MS. BECK: That's all I have.
18 MS. BAILLIE: However, I understand -- that is 18 ALJ EIGENHEER: Cross?
19 correct. However, POST is specifically asking about 19 MS. BAILLIE: Absolutely.
20 terminology that is being, that was drafted by another 20
21 person and how it affects. This witness cannot testify 21 CROSS EXAMINATION
22 to that, because this witness only, I'm assuming, I 22 BY MS. BAILLIE:
23 don't know, read the document. I don't know if this 23 Q. How long have you been with POST, did you say?
24 witness has talked to Jeff Kirkham. I don't know if 24 A. Which time? As a sworn officer or as a
25 this witness talked to him and Jeff Kirkham advised her, 25 civilian?

Page 456 Page 458
1 Q. As, working as a case agent. 1 ALJ EIGENHEER: Redirect?

2 A. Since June 9th of this year. 2 MS. BECK: No.
3 Q. Okay. So you were not even with POST at the 3 ALJ EIGENHEER: Thank you very much.
4 time that this document was drafted on March 19th, 2014, 4 MS. BECK: May I have one moment?
5 were you? 5 POST rests.
6 A. No. 6 ALJ EIGENHEER: Okay.
7 Q. Okay. Did you speak with Jeff Kirkham about 7 MS. BAILLIE: It is 3:30, so I would prefer not
8 this document? 8 to start with a witness that is going to have to stop in
9 A. No. 9 the middle, especially since we are going to be going
10 Q. Did you talk to Sergeant Pinuelas, or excuse me, 10 for what, waiting another four months.
11 Sergeant Hughes or Sergeant Pacello in regard to this 11 MS. BECK: That's fine with me.
12 document? 12 ALJ EIGENHEER: Okay. Then we will go off the
13 A. I was present during interviews, yes. 13 record at this time and that will conclude today's
14 Q. Okay. But did you personally speak with 14 proceeding.
15 Pinuelas -- speak with Pacello or Hughes in regard to 15 MS. BECK: Your Honor, before we go off the
16 the details of this document? 16 record.
17 A. I was there in part of the conversation, but I 17 ALJ EIGENHEER: Oh, sorry.
18 didn't ask specific questions about this specific 18 MS. BECK: I have asked counsel if she has given
19 document. 19 me all documents that she intends to either put into
20 Q. Okay. Ms. Beck just asked you questions about 20 evidence or use demonstratively, and she has told me she
21 how rolling down the windows and yelling at passengers 21 might have something from a particular person and she
22 or whiplash, if that affects the alleged conduct of 22 will give that to me. I'd like on the record that I
23 hitting or dishonesty. Do you remember -- 23 have asked her that, and so if she has anything else, I
24 A. I remember. 24 want to know about it.
25 Q. -- Ms. Beck just asked you that question? 25 I have given her my exhibits. I have given her
Page 457 Page 459
1 A. Yes, ma'am. 1 everything I have.

2 Q. Okay. Is that not a decision that should be up 2 MS. BAILLIE: All right. And, like I told
3 to a judge? It's not your decision if that meets the 3 Ms. Beck, that if I do have any more demonstrative I
4 alleged violations, does it? 4 will provide it to her. So we've already worked that
5 MS. BECK: Objection. Argumentative. 5 out.
6 MS. BAILLIE: She can answer the question. 6 But just to make sure that the record is clear.
7 ALJ EIGENHEER: You can answer the question if 7 I provided to Nancy, Ms. Beck, as well as to AZ POST, a
8 you have an answer. 8 disclosure request. In this proceeding, with AZ POST,
9 THE WITNESS: I don't think it's our decision. 9 you do not, there is no disclosure requirement, so
10 It's up to our board to decide that. We present the 10 parties must ask for disclosure. So I did ask for
11 case to our board, and it's up for our board. But if 11 disclosure. I asked, I sent a letter to Jeff Kirkham
12 she is asking my opinion whether it affects whether 12 and to Ms. Beck asking for that disclosure.
13 there is any rule violations, I'm going to say no. 13 I was provided with all the documents that we
14 BY MS. BAILLIE: 14 were going to talk about today. However, when we talk
15 Q. Okay. Do documents that go to AZ POST need to 15 about being surprised, Exhibit 25 was not a part of
16 be accurate? 16 their disclosure. So I was surprised today about this
17 A. Yes. 17 Exhibit 25, which was admitted anyway.
18 Q. Why do they need to be accurate? 18 So as I have told Ms. Beck that if we're going
19 A. Because when they're accurate they give us the 19 to have other documents or if we're going to have a
20 accurate picture of what took place, because we were, 20 demonstrative chart or whatever, I will let her know
21 obviously, not there at the time the incident occurred. 21 because she has asked me.
22 So we are getting the information secondhand. 22 ALJ EIGENHEER: And, again, the Office of
23 Q. If a document is not accurate, does AZ POST -- 23 Administrative Hearings doesn't operate under the strict
24 strike that. 24 rules of evidence. So we don't do disclosure and
25 MS. BAILLIE: I have no further questions. 25 discovery, but I do encourage the parties to cooperate

Page 460
1 and facilitate among themselves as much as possible to

2 ensure that this does proceed orderly.
3 As far as surprise exhibits, I have regularly,
4 you know, offered continuances or additional time to
5 review those documents if necessary. My general policy
6 is to let most things in, as long as they are relevant
7 to the proceeding, and deal with the surprise element
8 with affording more time. So to avoid that, avoiding
9 surprise is the best way around that.
10 So with that, I will see everyone back in March.
11 And I will issue an order indicating that there is a
12 further hearing set for those days. And if there's
13 nothing further --
14 MS. BECK: Thank you, Your Honor.
15 MS. BAILLIE: Thank you.
16 ALJ EIGENHEER: We will go off the record at
17 this time, and that will conclude today's proceeding.
18 (The hearing recessed at 3:42 p.m.)
19
20
21
22
23
24
25
Page 461
1 STATE OF ARIZONA )
COUNTY OF MARICOPA )
2
3 BE IT KNOWN that the foregoing proceedings were
taken before me; that the foregoing pages are a full,
4 true, and accurate record of the proceedings all done to
the best of my skill and ability; that the proceedings
5 were taken down by me in shorthand and thereafter
reduced to print under my direction.
6
I CERTIFY that I am in no way related to any of
7 the parties hereto nor am I in any way interested in the
outcome hereof.
8
I CERTIFY that I have complied with
9 the ethical obligations set forth in ACJA 7-206(F)(3)
and ACJA 7-206 J(1)(g)(1) and (2). Dated at Phoenix,
10 Arizona, this 8th day of December, 2014.
11
12
_______________________________________
13 KAREN L. KESSLER
Certified Reporter
14 Arizona CR No. 50821
15
I CERTIFY that Coash & Coash, Inc., has complied
16 with the ethical obligations set forth in ACJA 7-206
(J)(1)(g)(1) through (6).
17
18
19
20
21
22
23
_______________________________________
24 COASH & COASH, INC.
Registered Reporting Firm
25 Arizona RRF No. R1036

414:7,19,19;417:1; 338:5;340:18;345:4; 10;405:14,17,17,25; allow (5) 312:5,9;

/ 418:5,7,8,15;419:12; 353:18;355:9;356:15; 406:3,8,12,14,16,16, 437:16;445:2;454:21
423:3;436:11,14; 362:25;382:21;388:13; 22;407:19,23;408:9; allowing (1) 275:14
/// (2) 268:24,25 441:2,7;442:13;444:21 392:12;394:7;402:3; 410:14;411:8,13,21; almost (9) 297:21;
Adam (1) 451:19 407:8,15;408:25; 412:4,21;413:3; 299:14;304:13;329:19;
A adamant (3) 341:24; 410:23;412:8;417:25; 415:24;416:14;419:10; 388:8;414:21,24;
342:5;409:4 422:23;425:7,8; 420:5;421:4,7,10; 416:11;424:1
A1 (1) 343:9 add (4) 295:5;393:12; 426:19;428:18;440:3; 423:20;424:3,5,16,18; Along (1) 300:4
A2 (1) 343:8 401:8,10 453:9;454:23;459:22 425:3,17;427:1,23; Al's (12) 311:9;382:15;
abilities (1) 328:6 added (1) 329:4 against (3) 291:9; 428:11,21,24;429:4,10, 389:25,25;394:1,24;
able (12) 305:13; adding (1) 401:16 295:21;366:18 12;433:19;434:17,18, 410:12;419:15,16,21,
316:14;329:16;371:7; addition (1) 445:13 agencies (1) 291:17 24;436:7;438:11,15; 22;429:5
394:18;408:2,3; additional (9) 311:17; agency (16) 296:1; 440:15;441:12,15; altercation (10) 306:20;
418:16,25;419:10; 317:9,11,17;321:17,18; 310:14,20,22;334:23; 442:2,4,9;446:1;447:1, 308:8;309:4;315:11;
423:9;453:2 322:11;402:19;460:4 345:16,20;367:18; 20;455:10 316:5;321:7;324:21;
above (2) 329:19;414:1 address (1) 444:12 372:24;373:12;450:21; Alan (2) 357:12;378:11 328:25;344:12;438:2
absolutely (9) 269:24; addressed (3) 313:9; 451:3,12,12,16,17 alarmed (1) 339:22 Although (1) 443:17
280:12;290:24;352:18; 353:7;434:5 agent (1) 456:1 alcohol (2) 327:25; Alvin (27) 314:15;
365:23;377:11;432:4; adjective (1) 375:5 aggravating (4) 348:4, 402:15 318:2;321:7;324:21;
440:12;455:19 administration (2) 8;444:17;445:15 alcoholic (3) 327:15; 330:22,25,25;331:4,5,
abusive (1) 333:8 299:23;310:10 aggressor (3) 293:22; 328:4,5 7,9;332:10,23,25;
academy (1) 302:3 Administrative (16) 317:24;442:10 ALJ (60) 268:1,12,15, 356:22;357:20;359:2,
access (3) 312:5,9; 268:5,18;269:3; ago (2) 358:23,24 19,23;272:20;273:17; 4;369:19;378:9;
371:14 282:25;283:8;301:7, agree (3) 357:15; 274:8;282:14,16,19,21, 380:21;402:3;405:1,5;
According (2) 437:23; 16;303:17;324:3; 358:7;376:13 23;283:1,4;294:3; 409:18,19;445:21
438:11 355:21;366:11;445:9; ahead (9) 279:2; 300:19,21;301:5,8,12; always (4) 290:8;
account (1) 330:14 449:23;450:7;451:18; 285:19;322:13;364:22; 346:12,15,18;365:20; 350:25,25;396:16
accurate (12) 273:12, 459:23 434:10;435:18;440:5, 369:13;370:13;387:19; amended (2) 321:15;
14;318:16;327:18; admissibility (1) 437:15 23;445:4 391:17;393:11;394:22; 325:10
330:7;435:8;441:4; admission (1) 437:18 ain't (1) 377:20 398:4,6,9;408:4,6; amends (2) 385:20;
457:16,18,19,20,23 admit (1) 340:24 Al (211) 288:22; 428:5;429:22;433:2,5, 386:1
accusing (1) 438:8 admitted (7) 327:7; 293:17;306:17,21; 7;437:2,16,19;444:9; among (1) 460:1
across (1) 411:25 331:8;343:11;437:20, 307:8;308:3,4,8,13,16; 445:2;446:21;449:16, and/or (3) 321:25;
acting (6) 269:12; 21;448:1;459:17 309:2,4,5,20,20; 24;450:3;454:21; 367:12;427:10
278:3,4;317:1;322:18; admonishment (1) 315:12;316:19,22; 455:18;457:7;458:1,3, anger (1) 330:13
401:19 320:11 317:8;318:17,21; 6,12,17;459:22;460:16 angle (3) 414:21;
actions (1) 335:1 admonitions (1) 439:24 325:16;326:19,21; allegation (10) 322:5; 416:10;418:21
activity (2) 445:14; advise (5) 366:17,17; 327:2;329:1,12,15,21; 324:16;325:10;326:13; angry (4) 330:12,15;
448:24 397:3,3;453:2 330:5,11;335:10,13,17, 327:10,13;328:17; 380:5;442:14
actual (6) 307:23; advised (6) 274:24; 20,23;336:10,13,18,18, 329:6,8;350:20 answered (7) 285:24;
348:7;357:3;365:14; 343:19;352:4;367:8; 20,21;337:12;338:14, Allegation/Count (1) 336:9;366:2;372:12;
399:20;400:11 439:8;453:25 16;339:21;340:9,9,13, 330:18 409:2,9;429:22
actually (84) 284:12; affairs (16) 302:12; 15,17,20;341:20,21; allegations (14) 317:9, anymore (3) 288:9;
292:8;296:5,5,16,18; 303:9;347:20;352:20; 342:1,15;343:10,12,12; 12,17,25;321:17,18; 291:7;423:6
298:15,23;300:9; 398:22;399:12,24; 344:15,20,24;345:3,6; 325:6;328:7;331:17; apologize (10) 281:9,
302:18,25;304:2,3,6; 405:21,22;409:14; 349:20;351:2;355:5,5, 332:2;333:11;366:18; 10;369:17;397:20;
305:4;306:4;308:7; 413:14;420:11;422:2, 7,10,15,16;356:17,20; 371:24;372:9 398:12;405:20,22;
309:8;310:6;311:24; 4;426:7;429:25 358:3,17;359:5,7; alleged (9) 321:23; 428:19;430:24;452:8
313:16;314:6;318:16; affect (6) 447:5;452:19; 360:22,25;361:6,6,10, 322:6,16;340:22; apparent (1) 342:4
325:19,19;326:11,21, 454:24;455:2,5,11 10,16,17,22,25;362:9, 452:15;454:13;455:11; apparently (2) 285:19;
25;327:19;328:3; affects (5) 453:21; 14;363:6;364:9,14,18; 456:22;457:4 344:17
329:25;330:1,3,18; 454:8,11;456:22; 368:25,25;369:20; allegedly (1) 443:7 appeal (1) 333:17
331:24;336:17;342:11, 457:12 375:13,13,18,18;376:8, alleges (3) 341:4; appear (7) 274:3;
12;343:11;344:22; affording (1) 460:8 8,16,20;377:2,6,8,15; 342:20;343:21 298:8;383:11,12,16;
347:22;348:4;349:22; afraid (1) 297:10 378:4,13,20,21;379:15, Alliyah (29) 318:2,24; 391:8,19
352:22;353:5,7,25; afternoon (3) 305:11; 19,22;380:4,5,8; 319:2,5;322:25;323:4, appearance (2) 417:25;
356:25;359:3;360:24; 313:22;355:9 381:18;383:3,8,21; 13,14,16,19;331:19,25; 427:10
362:1;367:21;368:25; Again (47) 268:4; 384:5;385:7,10,13,21; 349:24,25;378:6,9,12, appearances (1)
369:12;371:22;374:3; 271:6,10,10,20,22; 386:7,9,16;387:4; 19;379:1,3,7,8;410:1, 417:21
376:20;387:8;392:8; 272:3;273:20;276:19; 388:1,12,17,20;389:5; 16;411:10;428:13,17, appeared (4) 317:23;
396:7;397:6;400:13; 281:23;303:6;308:4,6; 392:13,17,24;395:15, 21,23 393:1;435:22;438:1
403:12,13;405:4; 316:12;317:5;326:17, 22,23,24;396:8,24; Alliyah's (2) 428:18; appears (7) 386:2;
408:1;410:3;411:20; 20;327:4;331:1,2; 398:17;399:4;402:3,6, 429:2 390:17;391:21;394:15,
Min-U-Script® Coash & Coash, Inc. (1) /// - appears

16;395:19;426:7 assault (19) 303:6; 330:3;335:9,16; 285:2;382:8 386:7;388:20,21;

applies (1) 373:3 310:17;317:18;322:9; 341:17;344:22;346:18; bear (8) 414:7,15,25; 389:14;424:4,17;
apply (1) 373:2 332:8,21;342:21,22,23; 361:4;383:4;386:9; 415:8,15;416:13; 425:16;427:23;428:14;
appointment (3) 420:6; 343:2;345:9;365:15; 392:6;398:9;399:18; 417:2;419:5 429:5,11
451:11;452:3 442:17,20;443:6,10,14; 402:12;405:8,10,21; Beard (42) 306:18; belief (1) 312:23
appreciate (2) 271:15; 447:6;455:5 408:10,15,16,17; 307:8;314:15,15,22,23; believes (1) 349:4
433:17 assigned (3) 302:10, 409:18;414:22,24,25; 318:2,3;321:7;322:25; belongings (1) 434:25
approached (1) 384:1 10;450:23 415:22;416:8;418:3, 323:5;324:21,25; below (1) 306:24
appropriate (3) 381:8; assist (1) 284:21 14;421:1;422:18; 325:2;330:22,25; Benson (6) 434:4,22;
437:17;451:15 Assistant (1) 268:7 423:16,17;432:23; 331:1,4,5,7,10;332:1, 435:2;436:20;437:5,24
appropriately (1) 424:6 assume (3) 338:23; 433:7;434:14;453:7; 10,11,14,16,23,25; best (3) 286:9;336:16;
approval (1) 349:4 384:20;437:7 460:10 334:1;349:20,24; 460:9
approximately (6) assumed (3) 285:17; backseat (7) 403:3; 355:5,7;356:17,22; bet (2) 372:3;379:5
268:3;276:10;306:24; 288:21;293:25 413:21;415:21;417:19; 369:19;380:21;402:3; better (1) 432:6
313:18,21;328:14 assuming (4) 313:15; 419:7;447:21,25 405:1;406:16;409:19; beverage (1) 329:13
April (1) 301:24 328:14;348:20;453:22 BAILLIE (64) 268:9,9; 445:21 beverages (4) 327:15,
area (10) 271:8;309:7, assumptions (1) 338:18 272:19;274:9,12; Bearden (5) 307:12; 19;328:4,5
7;316:4;329:18; assured (2) 287:9; 281:6,9,11;282:12; 309:2;315:3;349:21; big (1) 446:12
383:19;387:3;435:21; 295:9 294:4,7;296:15; 362:22 bit (6) 270:6;386:21;
442:12;443:24 ASU (4) 319:5,6,7,10 298:21;300:18;301:2; Beard's (5) 356:20; 393:18;445:22;446:14,
areas (1) 339:16 Atlanta (1) 441:19 346:14,20,23;365:17, 359:2;378:9,11;409:18 14
arguing (7) 409:8; attached (1) 349:6 22;369:14;370:12,14; became (7) 337:7; blatantly (1) 429:7
410:23;411:4,9; attachments (1) 304:11 381:3,5;387:16,24; 360:6;369:6;378:20; bleeding (2) 272:11,11
425:10;428:24;429:13 attempt (1) 314:19 391:23;393:8,19; 399:4;426:10;438:9 Bless (1) 281:17
argument (22) 288:20, attempting (2) 416:21, 394:21,23;398:5,11,13; Beck (82) 268:7,7,14, blue (8) 273:2;292:1;
23;308:4;324:21; 21 408:1,7;409:10,11; 16;269:7;273:1,16,18, 313:4;322:23;369:11,
344:20;409:19,25; attention (5) 302:17; 420:10,12;428:1,6; 19;274:7;281:4,7; 13,15;444:1
410:6;424:5,17;425:9, 334:3;344:19;395:18; 429:15,18,21,23;433:1; 282:15,17,20,22; Board (8) 426:2;
16;426:21;427:23; 439:14 436:14,25;437:3; 283:12;294:2;296:13; 451:10;452:2;453:7,8;
428:11,12,16;429:4,8, Attorney (5) 268:7,9; 444:21;446:20;452:20; 298:20;300:20,23,25; 457:10,11,11
12;447:2,4 348:3;349:8,9 453:18;454:17;455:19, 301:4,20;346:2,3,11, body (6) 414:8;415:10,
Argumentative (1) Attorney's (4) 304:14; 22;457:6,14,25;458:7; 24;347:22;349:17; 10,16;417:16;419:14
457:5 334:7,11;335:4 459:2;460:15 365:16,19;370:11; book (15) 273:2;292:1;
Arizona (10) 366:20; attributed (1) 344:10 bait (1) 290:18 381:1;387:15,18; 303:14;313:3,4;
373:6;450:13,22; audio (4) 392:21; baited (2) 290:18,18 391:15;393:6,10; 319:23;322:23;323:21;
451:9,13,18;452:1,4,5 399:14,20;443:17 ballpark (1) 381:22 394:19;407:25;408:5; 354:6;363:22,23;
arm (13) 308:3,6,13; author (1) 452:23 band (1) 443:24 409:8;420:9;427:24; 369:12;439:4;444:2;
329:2;330:22,25; authored (2) 312:20; Bar (50) 316:8,15,18; 428:3;429:13,16,20; 451:6
331:2;340:9;345:3; 323:22 325:17,17,21;326:12, 433:3,11,25;436:22; books (1) 366:4
376:9;394:2;415:24; authority (4) 349:3; 24;329:10,13,14,17,21; 437:13,18,22;444:11; boom (2) 390:25;391:1
442:11 448:24;449:8,11 342:3;375:25;376:6, 445:3;446:24;449:13, boss (8) 289:25;290:1,
Armada (8) 412:3; avoid (1) 460:8 10,25;378:13,14,20; 19;450:11;453:15; 2,25;292:16,17;296:8;
417:6,11,13,17;418:12; avoiding (1) 460:8 380:22;382:2;383:11, 454:5,10,19,22;455:17; 322:19
447:22,23 aware (11) 280:20; 19,22;389:24;390:11, 456:20,25;457:5; both (11) 304:3;
Armadas (1) 417:9 337:7;354:13,13,16,21; 21,22;391:2,21; 458:2,4,11,15,18; 318:18;319:3;336:22;
around (13) 286:6,8,8, 360:6;369:6;439:12; 392:24;393:2,21,25; 459:3,7,12,18;460:14 355:12;376:21,24;
8;325:17,20;355:8; 445:11;451:17 394:1,12;395:13; become (2) 299:22; 380:3;395:20;428:22;
363:9;383:19;408:12; away (9) 286:22; 396:9;397:5;398:17, 403:3 449:4
447:17;448:21;460:9 309:21;385:3;396:3,5, 21;399:5,5;443:12,18, bed (4) 285:12;424:3, bother (2) 377:7,21
arrival (1) 426:20 8;397:4;413:11,12 18,20,23 16;429:10 bottom (3) 379:6;383:1;
arrive (1) 277:6 AZ (15) 304:10,12,15; bars (1) 307:20 bedroom (6) 335:14,16; 385:8
arrived (10) 270:20; 425:14;426:6,17; based (21) 308:11; 424:15;425:3;429:5,10 bought (1) 436:8
310:25;311:25;312:9; 427:5,14;453:7,11,11; 310:15;314:4;315:7, began (2) 403:3;438:9 bouncer (4) 384:18,21;
319:4;336:2;355:18; 457:15,23;459:7,8 13;317:6,19;326:5; begin (1) 357:15 385:5;387:9
363:16;413:2;435:3 327:4;328:22;335:1,8; beginning (5) 357:19; bouts (1) 288:2
arriving (1) 276:25 B 371:1;372:11;386:23; 364:23;440:6,9,17 boxes (1) 451:15
arrow (1) 389:24 401:24;404:10;418:17; begins (3) 277:3; boy (1) 392:3
ARS (2) 343:22;451:20 babysitting (1) 318:25 419:4;425:22;426:16 304:21;354:25 boyfriend (7) 288:7;
Article (1) 373:6 back (53) 268:1;272:6; basically (3) 273:23; begun (1) 356:3 306:18,19;340:23;
articulate (1) 375:9 273:20;284:25;285:1, 288:6;290:19 behavior (6) 328:1; 435:25;452:16;454:25
aspect (5) 341:13,15; 2;286:11,14;305:15, basis (4) 437:2,3,6; 333:7;340:8;344:3,10; Brady (3) 334:13,15,16
344:25;356:10;414:9 20;310:10;314:7,12, 439:22 403:4 brainstormed (1)
aspects (1) 344:8 16;328:12;329:3; bathroom (3) 284:19; behind (12) 273:3; 418:15
Min-U-Script® Coash & Coash, Inc. (2) applies - brainstormed

branch (1) 310:22 342:17,18;346:15; 395:22;399:1,6; 1,15;353:3,3,13,16; 334:17;342:21;343:1,

break (5) 308:22; 348:7;352:17;354:5; 400:15;402:17;403:2, 372:18;397:3,6; 21;345:11;442:17;
336:17;398:6,14; 367:16;371:8;372:1,2; 8,13;404:14,25;406:1, 425:14;432:2;434:6, 443:5,14;447:5;455:5,
413:19 384:20;387:7,19; 15,18;407:20,21;409:3, 15;441:10,20;444:5,7,8 7
brief (6) 302:21;358:14, 388:7,8;390:23;391:5, 4,17,18;411:11;413:3, chief's (3) 327:4; common (2) 350:1,15
14;421:14,19;433:24 17;392:1,18;393:4,14; 5,9,18;414:11,16; 348:17;351:21 company (1) 438:10
briefing (2) 277:4,8 396:17,21;398:21; 415:24,25;416:4,8,10, children (3) 285:25; compelled (4) 368:4,4,
briefly (2) 271:6;303:4 400:3;403:21;404:16; 14;418:17;420:18,19; 295:10;335:15 7,11
bring (5) 334:3,23; 406:5;412:10;414:23; 424:7,14;426:10; children's (1) 296:25 compels (1) 321:1
431:21;432:6;439:13 418:11,13;431:3; 427:8,11;431:25; chronology (2) 400:2,4 complainant (3) 350:21,
broad (1) 371:5 435:6;440:22;442:5; 432:7,12,19;434:13,14, circumstances (1) 22,23
broader (1) 305:5 446:21;453:11;454:15; 17,21;435:15,17,20,24; 336:12 complete (1) 323:11
brought (3) 356:9; 457:6,7 436:3,7,12;437:25; City (9) 269:9;283:14; completed (1) 313:14
372:21;374:9 canted (1) 395:3 439:19;441:12,15; 321:9;325:21;348:3, completely (1) 291:23
building (30) 269:23, car (8) 288:19;344:21, 442:10;443:14;444:12; 16;349:8,9;445:18 completion (1) 334:24
25;270:4,10,20,25; 24;377:16;408:17; 446:15;447:2,5,12,25; civil (3) 288:15;434:12; compliance (2) 450:15,
271:2;274:22;275:5,9, 435:10;436:2;447:17 449:3,9;452:16;454:24 436:4 23
11,15,18,24;276:4; care (3) 332:13;431:10, Celaya's (20) 306:7; civilian (1) 455:25 comply (2) 367:8;439:9
277:8,11,24;278:18; 24 311:4;323:7;326:6,22, clarification (1) 317:13 concern (2) 287:5;
282:4;284:15,16,21; carry (1) 409:17 23;327:3;340:7; cleaned (3) 318:10,11; 393:23
294:10,14;310:10; case (32) 280:7; 341:21;342:12,13; 431:5 concerned (9) 271:18;
312:1,6,10;432:8 310:21;319:17;325:5; 344:23;351:3;375:16; clear (11) 309:3; 272:22;280:11,18;
buildings (1) 312:7 333:15;335:5;347:7; 416:8;418:22;426:20; 328:15;337:20;338:1, 285:10;286:18,18;
butt (2) 344:15,17 348:8;350:4,19,19; 442:6;443:2;447:10 3;340:16;355:24; 287:8,22
351:1,1;356:13,14; cell (4) 269:21;275:1; 365:10,11;442:10; concerning (9) 269:15;
C 396:12;422:20;423:13; 285:24;412:8 459:6 284:2;302:15;303:23;
426:4,6,8;427:15; certain (4) 330:11; clearly (5) 291:3;296:7; 308:19;310:13;354:14;
call (30) 269:15,21; 431:25;442:3,23; 334:18;452:13;454:8 329:21;380:12,21 427:10;447:1
271:12,13;272:3; 443:21;452:7,9;453:6; certainly (1) 286:25 clerk (1) 422:16 concerns (1) 298:24
273:20;280:2,10; 454:20;456:1;457:11 chain (4) 307:22;318:6; client (2) 268:10; conclude (2) 458:13;
284:13;285:2;286:10, CAT (1) 343:17 432:19,23 436:17 460:17
11,16;288:10;290:16, caused (1) 344:19 chance (1) 421:17 close (4) 293:12; conclusion (1) 386:23
18;291:12,25;292:15, causing (3) 332:11; Chandler (7) 325:17; 344:18;412:20;446:6 concurrent (1) 320:20
16,19,25;293:13; 342:24;343:10 326:10,20;327:3; closed (7) 424:3,16; condition (2) 280:18;
294:12,13;302:19; Celaya (203) 268:10, 328:12;344:11;441:3 425:15;427:23;428:14; 322:20
311:14;322:19;355:1; 11;269:16,20;270:13, change (2) 366:4; 429:5,11 conduct (35) 302:14;
449:21 19,22,24;274:3,14,14, 417:16 clothes (1) 270:14 319:15,17,18;321:4;
called (20) 269:19; 22,22;275:8,18;284:2, Charge (1) 426:2 Code (1) 451:18 324:18;332:3,4;333:4,
274:18,18;275:18; 15;294:14;302:15; charger (3) 411:12,20; coffee (1) 286:7 11;334:19,22,22;
284:14;285:1,24; 303:4;305:7,11,13,21, 412:9 coincide (1) 307:15 335:8;337:18,19;
286:14;287:4;288:13; 24;306:3,21,25;307:14, charges (4) 292:23; cold (1) 270:3 343:22,24;344:4,9;
294:8,15;302:20; 24,25;308:3,5,9,12,14; 334:4;345:11;346:4 collect (1) 288:4 345:9;346:7;350:23;
303:17;305:20;313:24; 309:6,6,17;310:9,15; chart (1) 459:20 college (1) 319:8 371:7;442:6;443:6,15;
320:12;333:21;422:5,6 311:3,18,24;312:20; check (2) 284:20; colloquially (1) 302:12 445:6;447:8;451:18;
calling (2) 286:24,25 313:7;314:9,18;315:8; 451:15 Comfort (1) 315:25 452:15,19;454:13;
calls (3) 284:13;350:6; 316:17;317:4,7,10,15, checked (1) 451:16 comfortable (1) 293:12 455:7;456:22
387:18 21,24;318:6,8,10,12, check-in (1) 310:5 coming (3) 276:20; conducted (5) 315:17;
calm (1) 413:4 17,19,21;320:5,10; cheek (1) 306:24 384:25;397:5 325:12;331:19;336:1;
came (12) 270:24; 321:11,16;323:24; chest (2) 414:24;416:9 command (4) 297:25; 419:16
284:22;291:17;333:22; 324:4,20,24;325:5,13, chief (76) 281:25; 298:4;432:19,24 conducting (2) 316:3;
336:4,18,18;339:23; 14;326:18;327:15; 290:4;291:10,13,19,22, commander (11) 280:1; 317:7
353:15;397:10;403:17; 328:10,15,23;329:3,9, 24;292:20;293:10; 434:23;448:2,4,7,11, conducts (1) 455:11
427:5 12,20,24;330:20,25; 302:18,24;303:8,12,21; 15,19,23;449:5,10 confidential (2) 278:25;
camera (5) 316:15; 331:1,2,7,8,12,20,25; 305:2,3,5,9,20,22,25; commenced (1) 321:17 322:20
329:18;381:6,7,12 332:7,20;333:3,14; 306:1,3,5,8,9,22;307:1, comment (4) 297:16; Confidentiality (3)
cameras (2) 316:2,4 334:1,2,12;335:5; 15;308:1,12,16; 380:11;384:24;397:16 271:17,18;280:25
Campus (1) 319:12 337:25;340:9,10,12,16, 309:12;310:9,16; commentary (1) 394:20 confirm (1) 407:2
can (60) 286:9;289:7; 20,23,24;342:7,11,16, 311:1,14,24;312:16,20; commit (2) 344:4; confrontation (2)
295:4;298:3;304:25; 20;343:1,11,21;344:4, 313:10;315:5;317:9; 345:22 342:15;386:6
311:20;312:25;325:11; 12,13,14,20;345:8; 323:22;324:12;325:4; commits (2) 342:23; confused (1) 350:7
326:16;327:8,13; 352:12;354:14;361:3; 326:4;333:21;334:6; 343:24 confusing (1) 281:14
330:9;331:17;338:11, 364:1,20;371:2;374:3, 338:8,9;348:25;349:2; committed (16) 322:8; conjunction (1) 386:16
13;341:12,15,15; 8;375:18;384:2; 351:4,18,20,22;352:1, 332:5,7,20;333:3; consent (1) 289:19
Min-U-Script® Coash & Coash, Inc. (3) branch - consent

consider (1) 287:19 323:6,7 database (2) 334:13; 311:25;332:4;333:15; direction (4) 303:12;
considered (4) 396:11; corroboration (1) 323:6 335:3 334:11;348:16;352:14; 393:22;394:24;395:20
397:13;442:20;445:19 couch (1) 410:12 date (10) 314:10; 359:5;373:3,5,13; directly (7) 312:4;
consistent (4) 315:12; counsel (9) 433:12,18; 323:25;353:2,9;374:7; 432:7;433:20;441:23, 318:9,14,25;329:19;
340:19;350:18;393:16 439:2,6;441:9;452:6, 423:17,18;434:1; 25;445:5,8;450:22 367:11;435:4
console (2) 414:15; 11;454:11;458:18 451:22,23 departments (1) 334:21 disagree (1) 396:22
416:2 counter (3) 329:13; dated (4) 313:8;324:8, depends (1) 277:7 disciplinary (1) 445:17
conspiracy (2) 339:23; 330:2;389:7 10;347:24 Deputies (2) 314:17; discipline (5) 338:4,10;
340:2 County (7) 304:14; dates (1) 309:23 337:12 349:5;425:22;445:16
Constitution (1) 373:6 310:23;314:17;334:7, dating (1) 358:15 Deputy (39) 290:4; disclose (5) 439:11;
consumed (3) 327:16, 10,10;335:4 daughter (5) 318:2; 291:10,19,22;292:20; 440:10;441:20;445:10;
19;402:6 couple (12) 276:17; 343:16;378:9,11; 302:24;305:3,5,25; 446:7
consuming (2) 328:4,4 291:15;299:24;300:12; 410:12 306:5,8,9,22,25; disclosed (1) 335:2
contact (5) 314:23; 307:20;315:17;343:7; daughter's (2) 318:14; 307:15;308:1,12,15; disclosure (7) 459:8,9,
319:13;350:1;364:17; 344:8;361:5;388:10; 342:9 309:12;310:9,16; 10,11,12,16,24
422:11 399:17;421:1 dawned (1) 289:11 311:1,14,23;312:16,20; discovery (1) 459:25
contacted (10) 284:2,4, course (1) 360:10 day (12) 282:20; 313:10;315:5;317:9; discredit (1) 334:23
9;302:18;310:23; court (4) 291:9;295:21, 305:14;313:21;338:22; 323:22;333:21;351:4; discrepancies (2)
364:13;431:25;432:1; 22;334:20 352:12;359:19;363:6; 353:3;372:18;432:1; 318:5;375:4
434:15;438:21 cover (1) 413:1 367:24,25;370:2; 441:10,20;444:5,8 discrepancy (8) 327:20,
contacting (3) 285:20; coworker (3) 280:16; 423:21;449:9 describe (2) 391:15,17 22;331:20;340:12;
289:23;312:3 401:5,10 days (6) 337:8,9; described (4) 371:25; 375:15,22,25;376:4
continually (1) 297:2 crafty (1) 396:16 420:16;421:2;423:19; 372:9;414:9,10 discussed (1) 361:15
continuances (1) 460:4 cranberry (1) 384:11 460:12 describing (3) 408:9; discussion (4) 313:22,
continue (3) 314:13; create (1) 304:13 dayshift (2) 276:24; 414:23;431:2 25;314:2;443:12
345:1;406:5 credibility (1) 334:20 277:3 description (2) 315:13; dishonest (5) 331:12;
continued (1) 416:3 criminal (25) 295:13, Dead (1) 292:14 414:5 341:6,10;397:14;455:2
Continuing (3) 309:11, 23;310:19,21;317:19; deal (2) 431:12;460:7 descriptive (3) 364:24; dishonesty (3) 341:12;
12;310:8 320:20,20,22,23;332:3, dealing (1) 302:25 401:8;440:7 345:13;456:23
contrary (1) 428:4 4;333:11;334:17,22; December (14) 321:10; desk (1) 422:16 disorderly (13) 328:16,
contributed (1) 304:3 335:5;337:13,18,22; 324:8;330:21;331:9, detail (2) 289:10,11 23;333:4;343:22,24;
controlling (1) 438:8 338:6,7;355:23,24; 13;332:12;341:5,6; details (6) 311:5,6; 344:4,9,25;345:9;
convenience (1) 315:20 356:10,14;445:13 374:13,16;378:6,12; 349:18;413:1;434:15; 443:6,14;447:8;455:7
conversation (33) criminally (1) 356:11 379:3;392:12 456:16 dispatch (8) 269:15,20;
270:2;273:22;277:17; criteria (1) 334:18 decide (2) 292:23; detectives (3) 310:25; 274:19;275:2,4;
278:10,13;279:7; Cross (7) 273:17; 457:10 311:3;333:21 284:14;294:10;312:3
282:7;284:24;286:15; 274:8;294:3;346:19; decided (4) 277:23; determine (5) 315:10; disrupt (1) 346:7
287:10;289:7,20,22; 398:10;455:18,21 351:5,6;441:16 318:23;323:6;335:1; disruptive (11) 324:23;
293:16;305:6,17,19; CROSS-EXAMINATION (5) decision (5) 325:4; 338:4 328:16,23;333:7;
310:12;314:3;339:3; 274:11;294:6;346:22; 328:6;457:2,3,9 determined (2) 327:18; 340:7;344:3,9,13,14;
352:11,14;356:7,18; 444:22,25 declined (1) 314:18 427:1 403:3;426:11
419:24;421:20;422:1; cry (3) 296:21,21; deem (1) 437:17 determines (1) 338:9 distance (4) 413:5;
434:16;442:2,21; 438:10 defense (2) 335:2,6 difference (10) 304:8; 446:16,18,23
443:11;446:14;456:17 crying (5) 270:6; defining (1) 365:8 317:14;328:3;342:1; distant (1) 289:13
conversations (1) 284:18;285:3;288:3; definite (1) 327:20 432:25;442:4,18; distinct (1) 342:1
447:19 435:22 definitely (1) 280:17 443:13;446:16,18 distracted (1) 290:13
conversing (1) 418:11 CT (3) 332:17;343:17; delay (1) 306:2 differences (3) 374:22; distraction (1) 300:2
convince (1) 291:1 419:16 demeanor (2) 427:10; 375:8,10 distraught (3) 286:23;
cooperate (2) 311:8; culminated (2) 321:6; 442:14 different (7) 330:14; 287:12;297:6
459:25 345:5 Demerol (5) 419:17,22, 339:16,17;340:19; disturb (1) 343:25
cooperation (1) 356:12 culmination (1) 329:4 23;420:3;421:9 365:24;381:6;443:23 disturbing (1) 333:5
copy (4) 303:18;304:9; cup (2) 389:5;393:21 demonstrated (3) differently (3) 297:10, Docket (1) 268:2
349:7;373:24 currently (4) 424:3,16; 415:23;417:1;418:22 18;319:18 doctor (4) 343:19;
corner (6) 382:14; 429:10;441:15 demonstrating (2) difficult (2) 297:24; 420:6;421:6,11
383:2,7;385:8,12; cursing (2) 329:3; 414:17,19 298:3 document (26) 303:15;
389:23 344:22 demonstrative (2) difficulty (2) 299:17,21 365:7;366:9,16,23,24;
correlation (2) 443:8,10 cut (6) 271:7;272:11, 459:3,20 diminish (1) 346:8 367:4,17;452:21,23,23,
corroborate (2) 340:4; 16;278:19;285:4;424:8 demonstratively (1) dire (1) 454:4 25;453:1,5,10,14,16,
341:2 458:20 DIRECT (13) 269:6; 16,23;454:7;456:4,8,
corroborated (7) D denied (1) 342:16 280:23;283:11;301:19; 12,16,19;457:23
307:21,22;319:2; Department (26) 269:9, 340:16;368:14;369:2; documents (7) 341:16;
329:14;331:25;380:4,8 dad (1) 323:16 10;283:15,18;291:15; 370:24,25;371:10; 426:3;457:15;458:19;
corroborating (3) 309:2; damage (1) 438:3 301:22;302:4,6,9; 374:21;375:9;450:10 459:13,19;460:5
Min-U-Script® Coash & Coash, Inc. (4) consider - documents

domestic (20) 289:14; drivers (6) 403:5,9,13; 455:18;457:7;458:1,3, 429:11 exact (7) 271:16;
291:3;298:14,16; 404:3,7,14 6,12,17;459:22;460:16 engagement (2) 287:7; 337:10;356:18;374:7;
310:20;313:18;322:9; driver's (2) 418:25; eight (5) 347:18;387:3; 427:22 423:18,21,21
324:22;332:8,10,21,23; 419:6 403:1;404:23;428:8 engages (1) 344:2 Exactly (7) 293:5;
333:4,25;354:15,22; driveway (2) 435:10; either (16) 290:18; engaging (1) 333:6 297:20;341:24;364:22;
365:4;373:2,11;441:24 436:2 312:3;316:12;323:6; enough (4) 339:25; 405:16;428:15;440:6
done (6) 299:20; driving (6) 308:7,8; 329:2;334:5;345:16; 386:22;440:18,25 EXAMINATION (7)
312:23;348:8;355:13; 309:4;327:2;342:9; 349:7;350:10;361:24; ensued (2) 345:6; 269:6;283:11;301:19;
356:13,13 409:20 389:2;398:20;399:4; 426:21 375:9;433:10;450:10;
door (17) 270:4; drove (13) 318:13,21; 404:14;438:3;458:19ensure (1) 460:2 455:21
275:17;336:4,9,18,19; 325:16;326:20,22,23; El (1) 302:5 entered (4) 424:14,15; examined (4) 269:4;
410:15;414:22;424:4, 327:1;331:22;342:11, elaborate (1) 442:8 426:20;429:9 283:9;301:17;450:8
17;425:3,16;429:11; 14;409:17;413:11,12 element (2) 443:3; entire (1) 379:17 ex-boyfriend (1) 288:21
435:21;454:14,17,19 drunk (1) 383:25 460:7 equal (1) 298:8 Except (1) 388:17
doors (3) 427:23; dude (1) 377:20 else (22) 272:5;273:25;
ER (3) 397:18,21;398:1 exceptionally (1) 299:5
428:14;429:5 due (2) 313:16;334:2 281:24;283:20;286:2;
escorted (1) 358:20 exculpatory (1) 335:7
dorm (2) 319:9,10 duly (4) 268:17;282:24; 289:23;290:7;299:18,
especially (2) 297:25; excuse (21) 274:23;
dove (1) 314:21 301:6;449:22 19;300:4;303:22; 458:9 281:9;313:4,9;341:5;
down (53) 286:7; duplicate (1) 304:13 308:5;314:20;317:8;essence (1) 334:14 345:9;353:20;354:19;
300:21;308:7,22; during (38) 270:2; essentially (1) 390:10
318:18;338:11;342:17; 369:17;376:16;380:21;
316:23;323:13;330:6; 274:6;306:4,20;308:3; 367:18;382:1;431:12;
established (4) 426:15; 398:11;399:25;403:11;
357:10;361:19;371:8; 309:1,3;321:23; 437:25;458:23 427:19;429:16;452:22 405:18,19;406:12;
375:24;382:21;388:12; 324:22;325:2,18; email (6) 312:15,19,25;
establishing (1) 357:11 419:21;425:15;432:12;
389:6,6,22;392:8,9,18; 326:17,20;327:6,14,16; 313:7,11;349:7 Estrella (4) 315:11,21; 456:10
393:17,21,21;394:4; 328:1,10,13;329:9; embarrassed (9) 321:8;422:12 exhausted (1) 285:16
395:1,4,9,16,24;396:4, 330:20;331:8;337:21; 272:22;274:14,17; E-T-R-O-N (1) 450:2 Exhibit (42) 303:15;
25;397:5;402:25; 344:21,24;345:12; 287:16,17;297:4,5,5; evaluation (1) 343:20 304:4,8,9,18,21;
403:5;404:1,2,7,22; 356:6;358:11;359:25; 298:24 even (24) 278:13; 309:11;313:3;314:7;
413:4;416:11;424:3, 361:24,24;385:11; embarrassing (1) 290:4;291:5,6;296:10; 319:23,25;320:1;
16;426:11;429:10; 386:5;403:2;420:6; 292:18 298:17;299:8;309:8; 321:10;322:23;323:21;
432:19;442:22,24; 426:10;445:9;456:13 embarrassment (3) 337:12;343:11;356:13; 324:2,6,9;325:8;
446:4;449:16;452:14, duties (1) 367:12 297:14;299:13;432:6 377:7,18,20;402:22; 330:17;333:19;334:6;
18;453:3;454:23; duty (18) 270:22; emergency (9) 278:22; 410:16;411:3,11; 362:21;381:1;408:6;
456:21 279:22;280:7;294:24; 280:3,8;295:2,8; 412:19;416:2;423:10; 433:23;437:21;439:2,
draft (10) 324:14; 324:20;332:7,20; 309:18;413:10,11; 437:4;449:3;456:3 3,4,17,18;440:21;
348:1;349:10;353:17; 333:3;367:12;368:19, 420:20 evening (24) 284:1; 441:9;444:1,9;445:20;
372:6;396:16;399:22; 22;372:23,24;373:1,3; emotion (1) 379:21 306:16;313:9;325:15, 447:10;451:5,24;
402:6;427:15;453:5 448:5,7;449:10 emotional (2) 296:11, 15,19,20;326:4,8; 459:15,17
drafted (17) 347:20,23, 18 327:16;328:2,25; exhibiting (1) 403:4
25;348:1,4,12;349:17; E emotionally (1) 296:12 329:5;341:17;345:9; exhibits (3) 444:7;
353:6,8;373:21; employed (4) 269:8; 354:10;363:10;365:5, 458:25;460:3
399:13;436:17;452:21, earlier (5) 305:12; 283:13;301:21;450:12 9;379:9;441:2,7,17; exist (1) 423:5
22;453:20;454:1;456:4 329:18;331:18;379:8; employee (9) 313:2; 449:7 exited (1) 428:22
drafting (1) 399:16 441:8 320:9,11,18;368:2; Event (5) 304:7;309:3; exonerate (2) 325:5;
draw (1) 386:23 early (6) 277:6;360:7; 373:5,14;425:23;445:7 311:12;330:9;338:15 349:2
drawn (3) 271:22; 369:7;379:12,13; employees (6) 366:17, events (8) 307:23; exonerated (3) 325:9;
295:22;344:19 420:21 25,25;367:4;373:4; 318:6;319:22;329:4; 326:5,13
drink (14) 316:22; effect (1) 271:14 445:7 338:19;341:7;342:7; exoneration (2) 325:23,
330:2,6;340:13; egregious (1) 334:19 encounter (2) 359:5; 351:4 25
380:22;383:2,21; EIGENHEER (61) 433:19 eventually (2) 304:15; expand (1) 440:22
384:6;398:21;399:5; 268:1,4,12,15,19,23; encourage (1) 459:25 425:20 expanded (1) 388:4
442:22,24;445:23; 272:20;273:17;274:8; end (6) 284:24;329:5; everybody (6) 299:18; expectation (1) 373:13
446:2 282:14,16,19,21,23; 364:23;440:7,9,18 402:15,16;409:7; expected (4) 431:20;
drinking (7) 383:21; 283:1,4;294:3;300:19, ended (3) 279:11; 425:14;431:11 440:10;445:6,13
385:10;388:18;389:19; 21;301:5,8,12;346:12, 364:25;440:8 everyone (6) 317:8; experience (3) 297:22,
390:25;402:15,16 15,18;365:20;369:13; enforcement (9) 318:11,17;331:21; 23;443:18
drinks (4) 316:20; 370:13;387:19;391:17; 297:22,23;298:1,9; 339:2;460:10 experienced (1) 291:17
345:8;402:12,19 393:11;394:22;398:4, 310:13;334:10;345:16, evidence (12) 303:15; explain (10) 303:16;
drive (5) 328:12; 6,9;408:4,6;428:5; 20;346:8 315:19;316:13;335:7; 327:24;328:21;343:4;
344:11;403:2;408:17; 429:22;433:2,5,7; engage (1) 445:13 341:9;437:17,21; 344:7;363:17;386:14,
426:10 437:2,16,19;444:9; engaged (8) 324:20; 439:15;451:7;453:17; 15;416:21,22
driver (4) 327:2; 445:2;446:21;449:16, 409:19;424:4,17; 458:20;459:24 explained (3) 337:5,17;
344:16;416:6;418:24 24;450:3;454:21; 425:16;428:11,11; evident (1) 330:15 338:4
Min-U-Script® Coash & Coash, Inc. (5) domestic - explained

explaining (3) 363:17; 273:8;295:8;298:11 418:11,12;437:10; 409:2,6;428:20 girl (1) 404:2

416:20;449:12 feeling (7) 287:15; 439:8,17;440:13,15,15, foyer/kitchen (1) 435:21 given (13) 310:5;
explains (1) 321:3 289:16,19,21;299:9; 16;447:10;452:15 frame (11) 297:24; 332:17;337:4;343:18;
explanation (1) 443:2 326:5;416:14 fist (7) 391:3,9,19; 300:14;328:2;337:10; 362:14,14;372:17;
eye (6) 271:8;285:4; feelings (1) 291:7 394:15;398:21;399:4; 353:10;374:12;382:13; 374:12;401:21;419:17;
306:24;419:8,11;432:9 feet (2) 419:6;447:15 442:13 388:9,9;389:21;392:4 458:18,25,25
eye/cheek (1) 313:20 felt (12) 280:19;288:15; fit (1) 299:16 fraudulent (1) 345:17 giving (3) 320:16;
eyes (1) 443:7 289:17;290:12;315:15; fitness (2) 367:12; friend (10) 280:13,14; 362:12;433:16
327:25;336:15,15; 368:21 286:24;287:19,19; glass (35) 329:13,23,
F 400:14;401:2,9;406:23 five (11) 312:12; 294:19;401:5,10; 25;330:2,16;342:3;
female (2) 298:4;383:5 359:11;400:3,20; 441:2,19 375:24;376:6;390:8,
face (29) 278:19; females (2) 386:13; 413:17;414:2;424:7, friends (10) 288:11,13, 11,13,17,25;391:7,13,
288:24;306:21;307:24; 387:2 12,12;441:7;444:17 17;306:16;358:12; 18;392:14,18,24;393:2,
308:10,14;309:6,10,20; few (6) 290:15;297:7; flourished (1) 298:5 361:18;384:25;399:6; 17,21,25;394:1,4;
329:2;330:23;331:6, 305:20;336:10;349:16; focus (3) 299:25; 441:16,18 395:9,10,24;396:8,24,
11;341:25;351:22,22; 420:15 389:20;390:1 front (12) 273:2;292:1; 25;397:5;398:17;
365:15,25;375:14,19; field (1) 297:20 focused (2) 299:22; 350:22;368:5;383:5; 443:8,9
379:16;384:14;404:25; fight (1) 345:6 383:18 393:25;418:13;419:1; Glendale (2) 283:22;
405:13;406:2,7; fighting (3) 333:6; follow (5) 315:6,17; 421:18;428:22;435:21; 319:12
407:20,22;419:14 344:2;345:2 316:3;343:19;420:16 438:15 goes (10) 292:17;
facilitate (1) 460:1 figure (5) 342:13;418:2, followed (2) 422:10; full (4) 291:23;297:23; 303:21;338:8;389:14;
facility (1) 269:25 4,6;419:4 428:23 400:17;423:25 410:14;425:3;432:18;
facing (9) 392:5;414:8, file (1) 292:23 Following (3) 275:20; fully (1) 445:9 434:14;437:14;448:23
11;415:10;416:4,9,11; fill (1) 371:3 322:2;402:18 further (16) 270:9; good (15) 272:15;
419:5,6 filled (1) 349:22 follows (8) 269:4; 282:12;300:18,20; 282:23;284:22;287:11,
fact (30) 276:25;296:3; final (6) 303:18;325:4; 283:9;301:17;367:8; 322:5,6,11,16;343:20; 21;288:17;295:17;
329:23;330:24;331:23; 330:2;348:25;349:11; 371:25;372:9;439:9; 376:23;422:19;433:1; 299:16,22;301:5;
334:2;335:14;337:12; 357:3 450:8 436:15;457:25;460:12, 370:9,9,10,15;398:4
339:8;342:10;345:18; finally (5) 288:1,5,5; follow-up (16) 317:3,7; 13 Goodyear (27) 269:9;
376:23;380:3;381:18; 289:11;290:17 372:16;420:6;421:17; 283:14;292:14;301:22,
402:10;403:12,12; find (11) 287:2;316:6; 422:6,6,17,25;423:1,1, G 23,24;302:7;307:7;
407:1;411:4,11,25; 332:5;339:6;341:9; 2,3,4,16;443:21 311:25;316:9;321:9;
422:9;424:24;426:15; 360:24;404:17;408:2, force (1) 292:24 gain (2) 308:18;423:5 325:21;326:12,24;
427:21;430:8;436:16; 3;423:23;454:4 forgotten (1) 313:17 gap (1) 448:9 328:12;329:11;344:11;
443:7,9;445:16 finding (1) 438:15 form (4) 366:24;451:9, Garrity (3) 320:13,14, 347:17;350:1,6,15;
factor (1) 445:18 findings (10) 304:12; 13;452:1 16 352:2;359:4;433:19;
factors (5) 348:9; 324:16;325:10;332:2; formal (2) 313:1;421:22 gather (2) 288:3,4 436:18;441:8;445:18
444:18,20;445:14,15 334:21;348:24;349:3, format (1) 303:20 gathered (4) 337:21; Gosh (1) 286:5
facts (3) 360:11;405:5; 5,10;400:9 formulate (3) 371:23; 362:2;422:24;434:24 grab (2) 415:16,25
426:8 Findings/Summary (2) 372:5,6 gathering (1) 360:11 Grabbed (1) 384:3
factual (1) 439:22 304:7;319:21 formulated (1) 369:4 gave (9) 307:14; grabbing (2) 376:9;
failed (1) 445:12 fine (8) 272:4;279:5,5; forth (3) 329:3;344:22; 310:16;311:9,10; 414:10
fair (2) 298:2;367:20 285:12,12;287:11; 386:9 321:24;336:25;337:10; gradually (1) 413:19
false (8) 321:25; 295:9;458:11 forward (7) 330:3; 349:23;352:11 graduation (1) 302:5
345:11,14,17,22;429:7, finger (2) 386:15; 362:4;372:22;382:19; Geier (17) 291:24; green (9) 303:14;
12,18 391:20 393:18;394:5;432:1 293:11;302:19;305:2, 313:3;319:23;354:6;
familiar (2) 434:7; fingers (5) 391:2,8; forwarded (1) 334:24 9,20,22,25;306:3; 363:22,23;369:12;
437:14 394:11,12,16 found (6) 323:14; 334:6;352:1,15;353:3, 439:4;451:5
family (1) 344:1 finish (1) 393:7 324:19;332:6,19; 13,16;434:6,15 greeter (1) 310:4
far (15) 270:15;271:9, finished (2) 393:10; 333:2;334:17 General (7) 268:8; Grill (1) 325:21
11;273:13;274:5; 411:15 foundation (4) 437:5, 308:23;311:10;315:14; grip (1) 413:19
289:24;314:3;361:4,7; finishing (1) 316:19 10,12,14 340:3;441:23;460:5 group (1) 441:1
362:13;391:10;413:2, first (46) 274:18; four (28) 309:11;327:1, generate (1) 303:19 guess (9) 311:5;326:7;
8;448:16;460:3 277:17;284:13;286:19; 17;328:4;332:2;362:3; gentleman (5) 383:24; 338:24;353:25;363:16;
fast (3) 362:4;382:19, 287:4;290:17;291:10; 375:1;381:18;387:2,2; 384:1,12;385:19;438:6 413:3;415:16;422:10;
20 303:2;305:3;308:1; 398:24;399:2,3; gentlemen (1) 385:22 436:20
father (1) 296:25 312:13;320:4;323:17; 400:14,20;405:8; gestures (1) 333:8 guessing (1) 286:5
favor (1) 431:9 327:16;349:17;350:2, 406:22;407:15,16; gets (3) 354:25;355:1; guy (1) 378:5
fear (1) 299:1 21,23,25;351:1,2,7,17; 414:2;426:19,25; 412:15 guys (1) 297:19
feasible (1) 418:23 353:20;355:18;357:10; 427:7;430:24,24; gift (1) 436:9 guy's (1) 384:14
February (2) 302:6; 358:3;361:20;375:11; 442:19;448:9;458:10 gin (10) 385:10;389:6,
450:18 378:24;379:6;399:3; fourth (9) 331:8;405:1, 15,22;390:24,25;402:6, H
feel (5) 270:15;271:22; 400:17;405:24;414:10; 6,13;407:18;408:25; 11;446:3,5
Min-U-Script® Coash & Coash, Inc. (6) explaining - guy's

half (1) 286:14 385:11 huge (2) 300:2;432:24 include (2) 396:6; 17;341:17;356:6
hand (22) 336:14; herself (9) 281:25; hugging (2) 414:25; 402:10 Initially (14) 270:2;
344:23;376:9;383:17; 288:4,4;318:11,13; 419:5 included (4) 320:14; 302:25;304:10;323:14;
384:3,6,12,13;385:21; 331:22;397:22;409:20; Hughes (15) 301:4,6, 334:13;423:15;427:6 326:18;329:14;336:5,
389:25,25;390:5,8,10, 413:12 10,11,14,21;346:24; including (8) 306:16; 19,20;362:6;376:18;
16,20;394:1,24; hesitant (2) 287:23; 355:10;398:15;429:24; 318:12;349:24;387:4; 414:10;415:23;416:4
408:14;415:24;416:5; 311:7 433:12,18;452:12; 425:14;428:9;439:24; initiate (1) 353:19
442:11 hey (6) 275:24;290:19; 456:11,15 442:9 injure (1) 332:24
handing (1) 367:20 303:2;421:5,20,22 H-U-G-H-E-S (1) independent (1) 319:1 injury (12) 271:10;
handle (4) 279:2; higher (1) 448:7 301:11 index (1) 391:20 273:24;298:15,16;
281:25;430:12,14 highest (4) 434:23; Human (1) 348:12 indicate (6) 306:1; 306:23;313:19;325:2;
hands (6) 383:18; 448:24;449:8,11 hurt (1) 408:15 341:9;353:13;354:12; 332:11;342:24;343:10;
386:3,20,24;414:12; highlight (1) 440:3 husband (4) 296:10,20; 367:13;386:20 432:9;438:3
416:1 himself (1) 311:2 410:13;425:2 indicated (21) 284:12; Inn (1) 315:25
hang (3) 277:11,13,23 hired (1) 302:5 hypothetical (1) 293:15 285:25;288:15;291:20, inside (8) 316:15;
happen (2) 292:14; history (5) 291:8; hypothetically (1) 21;293:13;294:9; 321:8;329:17;399:6;
342:6 293:10;358:14,15; 293:19 295:25;305:24;306:15; 429:8;435:20;447:3,4
happened (23) 271:5, 445:17 318:8,10;328:11; instance (1) 426:9
19;285:6,8,21;286:21; hit (24) 293:17;305:23; I 329:10;331:20;337:12, instead (2) 318:20;
287:13;288:6;289:14; 308:1,3,4,5,13;323:18; 24;343:13;398:16,16; 350:2
310:24;333:14;337:8; 331:1;340:9,23;345:4; IA (10) 324:14;341:7; 400:24 insult (1) 332:24
338:15;339:4;341:7; 375:10,11;392:13; 348:1,1,2,2;350:15; indicates (1) 360:13 integrity (1) 334:13
352:12;363:13;364:23; 395:24;406:6;408:21; 354:13;452:12;455:3 indicating (2) 306:22; intended (1) 313:13
370:22;408:16;440:6; 415:24;442:16,18; ice (1) 336:17 460:11 intends (1) 458:19
441:3;443:3 447:13;452:16;454:25 idea (2) 285:8;315:14 indication (2) 293:21; intent (2) 332:24;
happening (4) 364:3; hits (1) 390:22 identical (4) 339:6,9,12; 337:11 343:25
386:6;392:19;418:3 hitting (7) 340:10; 349:11 individual (7) 308:22; intention (3) 318:19;
happens (1) 348:24 344:24;390:11;393:2; identify (1) 320:4 376:9,24;378:14; 421:15;422:23
hard (3) 299:16; 407:11;408:13;456:23 ignoring (1) 339:2 385:16,23;437:3 intentionally (4) 332:9,
391:12;392:4 hold (5) 344:23; III (2) 451:15,17 individually (2) 337:2; 22;333:5;342:23
hat (1) 385:19 391:10;414:11,16; ill (1) 270:5 340:1 inter (1) 336:1
head (28) 309:7;325:1; 424:8 imagine (2) 338:21; individuals (3) 385:3; interfering (1) 345:19
330:23;331:10;340:17, holding (3) 270:4; 371:9 387:13;417:19 internal (23) 302:12;
20,24;341:19,25; 408:14;416:4 immediate (1) 333:10 individual's (2) 384:25; 303:9,20;320:19,23;
345:5;375:18;382:15; home (13) 279:5,8; immediately (3) 290:22; 451:11 321:2;337:19;338:5;
383:5,8;384:14;392:6, 285:7,9,11,12;318:8; 296:7;438:5 indulge (1) 380:25 347:20;352:20;398:22;
9;395:3;405:6,9,10,11, 331:21;342:8;363:4; impeachment (1) 335:7 infer (1) 297:9 399:12,24;405:21,22;
12;419:15,16;420:8; 431:7;448:20,23 implied (1) 367:16 inferring (1) 368:9 409:14;413:14;420:10;
452:17;454:25 Honor (13) 346:20; implying (1) 396:19 infidelity (1) 438:9 422:1,4;426:7;429:25;
head/face (1) 406:1 370:11;393:6;394:19; important (5) 286:11; info (1) 270:19 452:1
head/neck (5) 324:25; 398:11;409:8;427:24; 402:14;423:13,14; inform (1) 440:18 interpretation (3)
331:4,7;332:16;442:12 429:13;436:22;444:6; 438:19 informal (1) 422:1 325:25;326:1,6
hear (10) 329:24; 454:10;458:15;460:14 impression (1) 317:20 information (56) interrupting (1) 393:6
335:18,21,24;339:17; hoping (1) 315:18 improper (1) 437:5 289:18;302:21,22; intersection (1) 315:23
392:18;396:1;397:5; Hospital (10) 309:25; impropriety (1) 437:11 303:7;305:5,9;306:9; interview (104) 273:3,
410:18;425:7 310:4;318:14,20; inaccuracies (1) 427:17 307:14,17,21,22,25; 15;281:3;296:10;
heard (5) 339:20,21; 331:22;332:15;342:9; inaccurate (3) 327:8; 308:11,15,18,21; 307:8,10,12;312:13;
340:1,19;342:6 343:12,16;409:20 404:11,12 309:13;310:15;311:17; 314:7,10,14,25;315:2,
hearing (3) 295:22; hot (1) 338:22 inappropriate (1) 454:6 321:25;322:1;327:7; 4,7;316:25;317:2,3,5,6,
460:12,18 hotel (1) 315:24 inci (1) 379:15 328:22;335:6;337:21; 12,20;318:1,4;319:5,7,
Hearings (1) 459:23 hour (4) 286:13,14; incident (40) 303:1,5; 349:13,18,23;362:1; 15;320:5;321:11,15,17,
heart (2) 281:17; 328:14;448:9 306:6,20;310:19; 371:1,4,6,20,23;372:4, 23;322:25;323:4,8,9;
357:14 hours (6) 309:22;322:7, 312:21,24;313:2,18; 17,22;403:17;421:25; 325:12,13;327:6,14,17;
heated (4) 387:11,14, 17;327:1;441:7;448:13 315:23;318:7;323:5; 422:20,24;427:9; 328:10;329:9;330:20;
23;443:12 house (12) 326:23; 327:25;328:2;333:20; 429:7,9;430:1,3; 331:9,13,19;335:10,11,
height (4) 417:18,20, 337:13;338:16,21,24; 334:3;337:7;339:1,15; 436:10;437:7;438:18; 18,21,24;350:16,23;
21,23 359:3;402:6;413:2; 340:11;342:4;349:6; 439:12,14;445:11; 354:4,9;356:2,20;
help (2) 315:19;316:13 421:13;424:15;436:9; 354:13,15,21,22; 452:13,14;453:13; 359:23,25;361:24,25;
helped (1) 401:18 438:1 356:13;358:5,11; 457:22 362:22;363:25;364:3,
hereby (2) 367:7;439:8 how's (1) 421:23 360:5;369:6,21; informed (1) 330:24 9,12,19,19;366:11;
herein (4) 269:2;283:7; HR (2) 349:9;397:3 373:15,17;379:17; initial (11) 305:2;307:6; 367:17,25;369:19;
301:15;450:6 hug (6) 414:7,15;415:8, 434:9;437:8;448:16, 315:7;317:6,19; 371:7;374:9,14;
here's (2) 339:24; 15;416:13;417:2 19;457:21 323:23;325:13;327:7, 376:15;379:7;392:11;
Min-U-Script® Coash & Coash, Inc. (7) half - interview

395:8;398:25;399:20; 364:11;366:11;367:1, 336:3;358:4;362:25; Ketron (5) 449:21,22; 419:5,5;425:1,2,15;

400:7,10,11,25;402:2, 19;371:3,24;372:8; 369:22;418:2 450:1,5,12 427:11;428:11,21,24;
4;411:15;412:25; 380:14;396:7,17; John (5) 282:22,24; keycard (3) 312:7,8,8 429:4;430:1,2,11;
414:17;418:16;419:22; 398:23;399:13;400:3, 283:3,6;400:7 keys (9) 411:12,20,21; 431:5;432:12;435:14,
420:16,23;421:17,22; 4;409:14;413:15; joint (1) 355:13 412:3,4,6,7,8,16 16;438:8;444:12
423:1,19;424:25; 419:21;420:11;422:2, Joseph (2) 268:21; Kia (1) 412:7 Kim's (10) 374:22;
430:20;439:18;445:21; 5;425:13;426:7; 269:1 kick (16) 341:21; 376:9;383:17;384:13,
447:11 439:13,16;445:9,12,16 Judge (18) 268:5,18; 343:14,15;375:13,18; 14;390:1,1;395:12;
interviewed (21) investigations (2) 269:3;282:25;283:8; 406:24,25;408:21; 414:8;417:5
304:19,20;312:12; 319:19;425:24 301:7,16;392:1; 409:2,6;416:14;418:5, kind (12) 289:13;290:7;
315:9;317:23;318:15; investigator (9) 320:19; 394:18;429:20,21; 13,23;419:1;447:20 330:3;336:16;337:4;
319:2;335:13,20,23; 337:23;338:7;339:13; 449:23;450:7;451:8; kicked (40) 293:17; 339:2;357:19;358:4;
338:16,20;339:5; 367:14;395:5;439:11, 453:3,13,15;457:3 309:7;323:17;324:25; 363:17;385:16;388:7;
350:20;354:2;355:4,7, 14;445:10 jukeboxes (1) 443:25 330:23;331:3,7,10; 425:4
8;363:7,9;440:16 investigators (4) June (5) 434:2;436:17; 332:16;340:17,20,23; kinda (2) 296:21;
interviewer (1) 355:10 321:24;324:14;341:7; 437:9;450:20;456:2 341:22;345:7;375:10; 410:15
interviewing (6) 335:17; 367:14 justify (1) 442:5 404:25;405:5,8,14,25; king (1) 450:2
355:5;362:15;363:1,3; involved (13) 298:14; Justin (4) 301:4,6,10,14 406:6,13,17,22;407:16, Kirkham (8) 451:1;
364:14 303:5;312:23;313:2, J-U-S-T-I-N (1) 301:10 19,21,23;408:11,12,14, 452:9,22,24;453:24,25;
interviews (18) 304:10; 17;315:14,22;316:17; 21;409:3,5;420:7; 456:7;459:11
309:1;313:16;314:13; 319:1;334:5;373:14; K 442:12,18;447:25; kitchen (1) 355:19
317:8;318:5;341:5; 387:1;441:24 452:16;454:25 knew (15) 279:22;
345:12,23;351:12; involvement (1) 287:6 Kathryn (1) 268:9 kicking (12) 289:1; 288:6,7;290:24;
353:23;355:13,14; involves (1) 278:14 keep (6) 278:24; 308:16,19;323:18; 291:19;296:24;318:24;
387:23;399:14,15,19; involving (5) 313:23; 322:20;359:13;389:16; 332:10,23;340:15; 337:11;356:12;361:4,
456:13 314:1,2;354:14,15 431:9;432:11 341:20,24;345:5; 6,10;364:10;433:19;
into (31) 269:25;270:4, iodine (1) 310:6 Keila (120) 307:10; 415:13;447:15 436:12
8,9,20;275:15,18,23; irregardless (1) 279:25 309:2;314:22;315:1; kicks (5) 340:8;407:7,8; knowing (3) 276:23;
276:2;284:16,19; issue (6) 290:11; 317:8;318:9,12,15,18; 409:7;427:2 298:25;361:2
294:14;299:18;312:6, 339:12;436:4;443:5; 319:3;323:15;325:16; kids (6) 271:20;272:2; knowingly (5) 332:9,22;
10;315:12;321:6; 454:19;460:11 326:19,25;329:16; 279:5;285:11,11,15 342:24;345:15,18
358:14;363:15;382:13; issues (3) 289:14; 331:23,23;335:10,15, Kim (134) 268:10,10; knowledge (1) 344:1
397:9;414:24;415:1; 290:11;454:15 17,20,23;336:19; 269:16;275:18,24; known (11) 293:11,16;
416:8;417:12;424:15; item (3) 411:13;413:6, 338:14;339:19,20,21; 276:11;277:14,20; 298:4;302:12;360:13,
431:19,21;435:9; 11 340:15;342:11;344:22; 278:4,7,9,17,24; 18,22,25;361:16,22;
437:21;458:19 items (5) 322:3,10; 349:21;350:7;355:17; 279:17,21;280:11; 366:14
intoxicated (4) 274:4; 325:9;454:12,12 358:12;359:3,23; 281:20;282:4;284:2; knows (1) 320:18
383:10,11;385:11 360:2,12,21,24;361:6, 288:15;291:14;292:14,
intoxication (2) 274:5; J 10,22;362:14;363:6, 22;293:16;294:16,19; L
386:21 16;364:14,17;369:16; 295:11;296:10;297:2;
introduced (1) 361:3 Jack (2) 402:11,23 376:7,8;377:2,4; 298:16,17,25;299:3,3; laceration (2) 278:19;
introduction (2) 337:1,4 January (6) 324:11; 378:12,19;379:1,2,7; 300:7;302:15;320:5; 419:7
introductions (1) 338:11 332:12;347:24;348:11; 380:7;381:18;382:5,8; 321:11;323:17;350:4, lack (5) 326:1;334:20;
introductory (1) 439:8 436:18;451:23 383:6,10,20;384:17; 13;354:14;356:7; 432:5;437:10,11
I-N-U-E-L-A-S (1) jealous (4) 378:13,21; 386:12;387:4,7; 358:11;360:13,18; language (1) 333:8
268:22 379:20,21 388:23;395:17;396:7, 362:9;363:25,25; large (1) 388:9
investigate (2) 338:2; Jeff (30) 291:10,12; 23;397:1,18,19;403:17, 364:8,14;365:14,24; last (22) 301:11;
350:16 292:19,25;293:4; 18;404:13;406:4,12,21, 367:3;370:21;371:15; 319:23;320:3,7,8;
investigated (1) 372:20 302:24;351:13,14,19, 21;407:6,9;408:13; 372:19;373:18,22,24; 321:4,4,13,14;329:11;
investigating (1) 355:20 23;352:7,16;353:5,12, 409:17;410:5,22; 374:5,18;375:13,14; 333:23;347:4,6;
investigation (72) 16;371:11,22;372:11, 411:2,15,16,25;413:1, 376:15,24;378:20; 400:18,20;402:25;
302:15;303:9,20,23; 14;373:20,20;374:6; 2,18;414:7,20,24; 379:16,18;380:4; 413:24;424:1;426:24;
304:16,19;310:13,19, 451:1;452:9,22,24; 415:23;416:4,12,21,25; 381:19;382:5,7;383:8; 437:24;439:4;441:10
22;311:8;314:5; 453:24,25;456:7; 417:19;419:4;420:17, 384:12,13;385:7; lasted (1) 323:9
316:14;317:11,22; 459:11 22;421:13;423:20; 386:15;387:13;388:20, later (13) 277:1,16,21;
319:17;320:9,12,15,21, jeopardize (1) 346:8 424:14,23,24;425:1,15; 21,23;392:5,5;393:21, 304:11;305:21;307:8;
22,23,24;321:2; Jerry (3) 291:24;293:2; 426:16;428:9,9,22; 25;394:24;395:12,16; 308:18;319:4;343:20;
325:18;326:20;334:4, 302:19 438:15 396:3;397:14,21,23,25; 420:5;421:1;427:1;
24;335:2;337:18,19, job (5) 295:14,17; Keila's (12) 335:12; 398:16;403:2;405:5; 443:10
22;338:5;339:18; 298:6;370:9,10 338:16;342:14;359:3, 406:12,13;410:13,14; laughed (3) 376:19;
350:1,3,10,13,14; Joe (14) 268:16;281:2, 25;363:4;414:5,24; 411:19,20,25;412:3,14; 379:25;380:9
352:5,8;353:19;354:5; 14,18;284:10;294:8; 416:6,8;420:15;424:24 413:2;414:11,20,22,23, laughing (2) 377:3;
355:13;357:1,14; 303:24;317:1;322:18; Keith (2) 334:9,24 25;417:23,23;418:5; 388:16
Min-U-Script® Coash & Coash, Inc. (8) interviewed - laughing

Law (19) 268:5,18; 18,23,24;312:14,20; lines (3) 363:13;414:2; L-O-R-I (1) 450:1 442:24;446:9;453:15;
269:3;282:25;283:8; 313:7;314:9,18;315:8; 426:18 loss (3) 290:12;296:20, 454:12,15
297:22,23,25;298:9; 316:17;317:4,6,10,15, list (5) 334:13,15,16; 24 matters (3) 331:15;
301:7,16;310:13; 21,24;318:6,8,10,12, 444:8,17 lost (1) 296:10 439:13;445:11
334:10;345:16,20; 17,18,21;320:10; listed (3) 322:10;334:1; lot (19) 270:19;271:10, may (29) 270:3,5;
346:8;366:23;449:23; 321:16;323:7,23; 423:2 23;287:18;289:14; 272:20;282:20;300:21;
450:7 324:4,20,24;325:5,13, listened (1) 399:21 290:9,10,10;298:4; 306:13;316:4;317:21;
lead (1) 336:16 14;326:6,18,18,22,22; listening (1) 399:19 302:23;303:1;315:13, 327:8;334:20;339:19,
leading (4) 272:19; 327:2,15;328:10,15,22; lists (1) 324:18 16;344:21;371:6; 21;343:8;346:14;
307:23;330:12;446:20 329:2,9,12,20,24; little (11) 270:6;271:8; 400:15;408:18;420:19; 350:21;363:17;365:20;
lean (1) 401:3 330:20,24;331:1,2,7,8, 289:10;321:3;347:18; 443:11 388:3,11;406:14;
leaning (2) 414:19,25 12,20,25;332:7,20; 386:21;387:3,3; loud (3) 403:4;443:22, 410:3;421:6;434:19;
learn (1) 320:22 333:3,14;334:12; 393:18;402:19;454:20 25 439:15;442:3;444:6;
learned (7) 305:6; 335:4;337:25;340:7,9, live (1) 443:24 loved (1) 290:12 449:16;451:18;458:4
307:15;311:24;314:5; 10,12,16,20,23,24; lived (1) 311:10 low (1) 413:19 maybe (18) 271:19;
325:18;326:21;339:18 341:20;342:7,11,12,13, lives (2) 319:8;441:15 lower (2) 382:14;383:7 272:6;280:11;286:6,
learning (1) 299:20 16,20;343:1,11,21; living (4) 338:21,24; lumping (1) 375:1 13;299:7;323:9;326:1;
least (11) 274:1;288:8; 344:4,11,13,14,20,23; 358:18;434:18 lunch (2) 398:6,14 330:12;358:24;360:14;
309:8;311:10;325:1; 345:8;351:3,6;352:12; loaded (1) 436:3 lying (3) 424:3,16; 385:2;386:20;391:19;
338:22;340:17,21; 353:21,24;354:9,12,14, located (2) 315:20; 429:10 431:4,4;441:18;454:3
345:3;389:1;406:25 16,20,24;361:3; 316:7 MCSO (5) 310:25;
leave (6) 277:2;282:20; 363:25;364:20;371:2; location (3) 311:11; M 313:16,23;333:21;
316:20;324:3;449:19; 374:2,8;375:16,17; 315:21;329:11 337:12
451:3 384:1;395:22;399:6; locations (2) 307:19; ma'am (8) 283:16; mean (13) 273:13;
leaving (5) 330:1; 400:7,14,15,24;401:1, 315:17 284:7;297:1;298:4; 298:6;330:7;367:18;
399:5;434:19;435:25; 9,19,22;402:16;403:2, long (19) 269:10; 347:21;352:3;450:25; 375:11;377:25;391:5;
436:6 8,13;404:13,25;406:1, 276:6;283:17;286:12, 457:1 401:25;404:16;421:14;
left (24) 271:8;282:4; 15,18;407:20,21;409:3, 13;291:14;295:22; mad (8) 378:1,4,14; 423:1;433:14;448:15
285:2,14;313:20; 4,17,18;411:11;413:3, 301:23;314:4;347:17; 412:14,15,15;442:3,4 meaning (5) 410:13;
315:12;318:11,13,18, 5,9,18;414:11,16; 358:15;360:18,22; magnetic (1) 312:7 412:14;416:9;427:1;
19;319:3;328:12; 415:24,25;416:4,7,8,9, 361:1,4,16,22;455:23; maintain (1) 298:7 432:19
331:21,24;342:8; 14;418:17,22;420:18, 460:6 maintained (1) 335:3 means (2) 365:13;
376:2;378:13,21; 19;424:7,14;426:10, longer (1) 295:8 Majerle's (8) 325:20; 375:6
397:15,25;413:5; 20;427:8;430:15,16, look (36) 272:12; 326:12,24;363:16; meant (2) 326:2,3
419:8,11;435:1 19;431:1,6,8,15,23,23, 290:19;291:5;303:14; 440:11,14;441:8,21 measure (1) 446:16
left-hand (1) 273:4 25;432:7,10,12,16,17, 304:4;313:3;341:15; makes (2) 396:2;419:2 medical (4) 310:1,7;
legal (1) 348:16 19,23;433:12,14;434:4, 348:6;352:20;353:23; making (14) 312:21; 332:13,14
legs (1) 418:21 13,14,17,21,22;435:2, 354:5;357:4;372:2; 328:6;333:7;334:11; medication (4) 343:18,
length (1) 314:3 14,17,20,24;436:2,6, 383:13;389:23,25; 374:24;391:8,19; 18;419:25;420:4
lengthy (3) 313:22,25; 12,20;437:5,23,25; 394:18;406:9,21; 397:15;404:15,19; medications (1) 332:17
314:1 439:18;441:11,15; 407:5;408:8;410:8,9; 425:20;431:22;432:22; meet (9) 303:2;304:23;
letter (5) 334:6;347:23; 442:5,10;443:2,14; 412:10,11;415:2,13; 448:16 305:11,13;306:25;
444:4,5;459:11 445:5;446:15;447:2,5, 417:5,8;426:9,17; male (1) 378:20 307:3;311:4;441:1,18
letting (2) 376:10; 10,12,24;448:2,14,18, 427:6;428:15,17,18; males (1) 387:2 meeting (16) 304:24;
384:13 20,25,25;449:2,3,3,4,9; 451:5 malfeasance (1) 346:4 305:2,3;306:10;307:6;
level (1) 443:19 452:16;454:24 Looked (9) 270:5,20; man (2) 298:8;435:9 311:3;323:23;336:14;
Liaison (1) 334:10 lieutenants (1) 449:4 271:7;272:15;276:19; manager (1) 422:12 351:17;352:7,10,15;
lieu (1) 425:23 life (3) 296:12;297:8; 298:18;392:12;395:8,9 manner (3) 319:18; 353:3,13,17;439:1
Lieutenant (286) 300:5 looking (33) 271:8; 330:11;333:9 meets (1) 457:3
269:20;270:11,13,16, likely (2) 333:9;443:19 272:6;297:18;321:3; Manning (2) 334:9,25 members (2) 298:5;
19,22,24;273:20;274:3, limited (1) 359:14 357:3;379:6;383:14; many (4) 283:23; 328:11
14,22;275:8,19; line (45) 273:5,7;292:6; 386:19,25,25;389:2,3; 327:15;386:25;450:16 memo (43) 312:25;
276:20;277:10,13,18; 296:17;357:11,15; 392:7,8,8,9;393:22; March (5) 334:7; 353:6,6,8,14,17;
278:5,9;279:8,11,13, 359:8,11;360:4,12,12, 394:24;395:1,4,6,7,16, 449:18;453:8;456:4; 371:11,13,14,15,19,22;
18,19,25;280:2,10; 15;362:3,5,8,9,21; 17,19;396:3,3,5,8; 460:10 372:1,11,13,14,15,17;
282:2,5,7,22;283:13; 363:12,14,24;366:6; 397:4;406:11,12; Maricopa (5) 304:14; 373:21,24;374:3,6,9,
284:15;294:8,14,16; 367:8;377:14,24; 447:16 310:23;314:17;334:7,9 11,12;434:1,7;435:5;
299:16,23;302:15; 380:19;399:3;400:14, looks (13) 349:11,12; marked (1) 433:22 436:15,16,17,19,19,20,
303:4;305:6,10,13,21, 20;404:22;405:19,24; 384:11;385:2,15,19; Marzocca (5) 312:16, 21,25;437:4,6,14,23;
24;306:3,6,21,25; 407:5;413:17;424:1,2, 386:5,13;389:2; 20;313:10;444:5,8 438:11;441:10;444:4
307:14,24,25;308:2,5, 7,12;426:9,25;427:7; 390:20;391:6,14,20 mascara (1) 285:3 memorandum (2)
9,12,14;309:6,6,17; 428:7;439:21;440:4; Lori (4) 449:21,22; matter (10) 278:11,14; 323:22;372:5
310:9,15;311:2,4,15, 446:1;447:12 450:1,5 302:17;351:15;441:25; memory (4) 306:11,14;
Min-U-Script® Coash & Coash, Inc. (9) Law - memory

411:12;434:10 modify (1) 317:24 346:24;349:17;454:5; notebook (2) 366:3; 436:23,24;437:19;

mentioned (10) 296:9; moment (4) 408:2,2,3; 459:7 425:25 446:20;457:5
307:20;309:19;329:17; 458:4 narrow (4) 368:16; noted (3) 333:24,25; obligate (1) 320:25
345:2;352:22;420:17, Monday (2) 303:3; 369:2;370:4;371:8 428:5 obligated (2) 334:20;
24;421:7,10 379:3 narrowly (2) 367:11; notes (7) 421:12,21; 449:1
mentioning (1) 329:1 months (4) 300:11; 368:18 426:4,6,8;427:15; obligation (1) 310:18
merely (1) 421:22 347:5;360:14;458:10 near (2) 269:22;321:8 453:7 observe (3) 316:19;
message (3) 305:10; more (25) 271:18; Nearly (1) 269:11 notice (22) 270:1; 390:1;435:3
420:18,23 272:21;276:9;282:11; necessarily (1) 373:12 274:5;317:11;320:8, observed (5) 273:23;
messages (6) 306:2; 287:14;288:18;289:7, necessary (1) 460:5 10,12,14;321:15;324:3, 274:2;276:19;329:22;
421:4,16;422:24; 11;296:18;299:13; neck (11) 309:7;325:1; 7,10;347:23;348:11,13, 406:25
423:5,9 303:2;309:9;349:23; 343:14,19,19;405:6,12; 15;366:11;371:23; obtain (1) 329:16
met (11) 269:24; 361:5;371:4,10;388:9; 419:16,17;420:8; 372:8;386:11;444:14, obtained (2) 380:20,20
305:25;306:5;326:25; 389:15;390:23;391:6, 421:23 24,25 obviously (13) 270:12;
336:10,17;361:6,10; 11;412:25;441:18; neck/head (1) 405:1 noticed (1) 278:18 271:9,19;272:24;
362:7,8,16 459:3;460:8 need (30) 278:9,13,25; notification (9) 312:21, 273:24;286:22;287:15;
middle (11) 331:5; morning (39) 269:19; 279:17;289:4;290:16; 25;313:1,13;334:12; 360:6;371:15;404:16;
391:20;404:24;413:20; 282:23;284:3,5,6,8; 292:15,16,18,19,25; 431:22;432:16,22; 412:23;421:8;457:21
414:15;415:21;416:2, 294:9;295:7;301:5; 295:17;297:7,8; 449:2 occasion (2) 302:14;
3;441:11;451:14;458:9 303:3;304:22;309:23; 298:11;300:3;303:2; notifications (2) 427:9; 336:13
might (4) 281:14;290:4; 312:2;313:19;332:15; 306:13;319:22;321:1; 430:2 occasionally (1) 287:21
403:20;458:21 343:12;347:10;352:24; 322:19;323:10;337:15; notified (3) 270:10; occasions (1) 336:11
Mincey (6) 307:10; 358:7,7;360:7;364:6; 341:16;432:13;434:9; 276:20;313:20 occur (6) 330:7,10;
309:2;315:1;349:22; 369:8,23;376:3; 438:7;449:17;457:15, notify (6) 272:25; 340:14;342:5;418:15;
369:16;409:17 379:12,13,13;381:16; 18 278:25;279:18,21; 448:12
mind (4) 290:7;291:3; 397:16;420:21,21; needed (22) 269:20; 431:25;432:13 occurred (37) 303:6;
356:15;435:13 432:8;448:9,10,10,11, 270:8,20;271:13; notifying (1) 432:17 306:20;307:23;310:18;
mindset (3) 272:24; 13,21 272:9,13,14;273:25,25; Noting (1) 437:19 311:5,6;312:22;
290:21;296:6 most (2) 323:10;460:6 274:24;275:5;280:20; November (45) 268:2; 313:23,25;314:6;
mine (1) 424:9 motion (2) 395:15,16 289:3,4,5,5,25,25; 269:12;281:13,19; 315:11,23;318:6;
minimizing (2) 394:10, motioning (1) 389:9 291:2,4;296:20;317:12 284:1;302:8;304:22; 323:15;328:3,13,25;
13 motorist (1) 453:4 negative (1) 291:21 309:24;313:8,14,17; 330:14;339:1;340:11;
minimum (1) 344:10 motorists (1) 426:12 neighborhood (1) 314:11;321:24;322:7, 342:2,7;358:5;360:6;
minute (4) 304:25; move (4) 385:17;394:4; 343:25 16;324:1,19;330:21; 369:7,21;371:7;379:8;
314:16;380:25;433:3 409:10;437:18 new (3) 291:16,18; 331:13;332:6,15,19; 400:16;414:5;428:16;
minutes (9) 276:7,8,9; moved (3) 300:7; 295:16 333:2;340:22;341:6; 429:8;432:20;448:19;
284:25,25;285:1; 358:23;361:19 newer (2) 417:14,17 352:24;353:9;354:4, 454:14;455:15;457:21
305:20;323:10;346:14 movement (6) 329:21; Next (21) 268:12,15; 10;355:8;363:7;364:3, occurring (4) 308:8;
Mirage (1) 302:5 386:19;389:25;390:1; 282:21;285:21;301:3; 15;368:24;371:13; 339:2,15;443:10
misconduct (1) 451:21 393:16;394:2 314:7,14,25;315:4; 374:6,16;379:11; o'clock (9) 284:7;286:7;
misdemeanor (4) movements (2) 383:13, 316:16,25;317:2; 381:15;392:11;395:8; 294:9;309:22;312:1;
322:8;332:8,21;333:4 14 318:1;332:18;333:1, 422:9;423:8;434:14; 313:21,21;355:1;432:8
misfeasance (1) 346:4 moving (3) 324:24; 23;385:7;393:12; 437:8 off (30) 270:11;279:14,
misidentified (1) 444:6 386:24;435:11 435:18;437:24;438:4 number (11) 319:9; 15,22;280:5,7;287:20;
misinterpreted (1) much (14) 270:18; night (13) 285:17; 345:8;377:10;381:1; 318:10;324:20;332:7,
327:9 281:16;282:16;287:2; 288:16;318:25;341:8; 403:1;424:1,11,12; 20;333:3;346:15;
misleading (2) 321:25; 301:2;316:16;379:15; 360:7;369:7;448:3,4, 426:18,25;454:11 351:14,16;354:11,25;
345:20 402:15,15;418:24; 15,18,22;449:5,10 numbers (3) 273:5; 372:13;388:11;398:7;
misrepresent (1) 442:2,21;458:3;460:1 nights (1) 287:21 378:18;424:9 399:19;424:8;433:5;
345:18 must (4) 298:7;335:6; nightshift (1) 448:21 numeral (2) 451:15,17 447:18;448:5,11;
misrepresented (1) 366:23;459:10 nighttime (1) 448:10 numerous (2) 375:6,7 449:9;458:12,15;
321:25 mutual (4) 358:11; nine (5) 296:16,17; 460:16
missing (2) 349:18,19 441:1,16,18 327:19;328:4;360:14 O off-duty (5) 303:5;
Misstates (2) 407:25; myself (3) 303:19; nobody (1) 292:24 312:24;313:2;354:14;
427:24 305:4;349:7 NOI (5) 366:9,14; Oasis (4) 316:8; 373:14
mistaken (2) 399:1; 439:2,3,22 329:10;340:11;441:17 offense (6) 317:19;
403:20 N noise (2) 333:8;443:19 object (3) 436:15; 322:9;332:8,21;333:4;
misunderstanding (1) None (1) 454:12 444:21;452:20 334:17
326:7 name (9) 268:4,20; nonfeasance (1) 346:5 objecting (3) 436:25; offensive (1) 333:8
mitigating (4) 348:5,9; 283:2;291:10;301:9, noon (1) 286:8 437:1;453:9 offered (1) 460:4
444:18;445:18 11;311:9;315:25; noon-ish (1) 286:9 Objection (12) 272:19; office (7) 304:14;
mitigator (1) 396:11 449:25 nope (2) 377:6,18 296:13;298:20;365:16, 310:23;334:7,11;
model (2) 417:15;445:7 Nancy (5) 268:7; North (2) 315:21,23 19;387:15;407:25; 335:4;351:21;459:22
Min-U-Script® Coash & Coash, Inc. (10) mentioned - office

Officer (27) 268:16,17; opportunity (1) 311:4 408:18;420:19 299:3,6;308:23;310:5;

269:8;281:5,6,7; opposed (1) 417:11 P Parkway (4) 315:12,21; 328:3;333:9,10;334:3;
283:20,24;291:17; opposite (3) 296:3; 321:8;422:12 339:13;340:18;342:23,
301:25;334:16;335:1, 395:19;419:2 Pacello (26) 281:15,16, part (7) 292:11;295:18, 25;343:24;344:1,2;
8;344:18;345:21; order (10) 280:21,23; 18;303:24;305:4; 20;297:13;328:19; 345:15;368:5;385:11;
350:20;434:17;441:24; 282:10,11;351:8,11; 315:10;336:3,16,22; 456:17;459:15 401:20;418:25;419:1;
448:15;450:19,23; 353:23;367:8;438:2; 347:20;351:24;353:7; parted (1) 438:10 434:23;437:4;440:15;
451:9,10;452:2,3,4; 460:11 354:1,20;357:25; participate (1) 373:8 453:21;454:9;458:21
455:24 ordered (2) 439:9,11 358:6;360:1;362:25; particular (7) 348:10; personal (3) 278:10;
officers (4) 276:21,24; orderly (2) 345:19; 369:22;373:21;417:1; 400:10;444:23;453:1, 290:11;296:12
277:6,7 460:2 419:25;420:15;421:9; 2,14;458:21 personally (3) 300:4;
official (3) 367:12; orders (1) 441:24 456:11,15 particularly (1) 297:19 304:20;456:14
368:19;448:8 organization (1) 299:19 P-A-C-E-L-L-O (1) parties (4) 315:14,22; personnel (1) 348:12
old (2) 360:25;361:7 originally (1) 313:13 303:25 459:10,25 phone (17) 269:21,21;
omission (1) 328:18 others (2) 299:10; packed (1) 435:11 partner (24) 303:19; 275:1,10;282:5;
omitted (1) 322:1 335:13 page (95) 273:4;292:4; 305:4;315:9;318:24; 284:13,13;285:24;
once (10) 309:8,9; otherwise (1) 454:6 296:16,17;304:5,6,7, 324:22;326:2;332:10, 297:3;302:19;305:17;
331:6;340:17;345:3; out (61) 270:24;271:2, 21;309:11;312:12,15; 23;336:3,10,15,20; 306:4;319:9;355:1;
371:7;404:25;418:16; 3,22;276:11;277:11,13, 313:4;314:8,14,25; 337:14,17,20;338:3; 411:12;412:9;420:25
419:22;448:22 23;284:22;287:3; 315:2,4,6;316:25; 339:10;342:4;343:13; phones (1) 420:24
on-duty (2) 312:3; 288:12,16;295:22; 317:2;318:1;319:21; 349:7;355:12;414:18; photo (2) 388:1,15
434:22 297:19;299:16;302:24; 323:12;325:8;326:13; 420:14;421:3 photographs (1) 311:9
one (61) 272:3;288:16; 303:8;305:12,16; 327:10;330:17;332:2; party (4) 316:18; phrase (2) 321:4;439:8
290:12;299:20;302:25; 306:15,19;307:19; 333:23;352:24;357:7, 328:12;329:20;334:5 physical (7) 321:6;
308:3;309:2;315:19; 309:21;310:22;311:2; 8;359:11;360:4,12; pass (1) 433:22 322:19;324:21;332:11;
318:5;319:12;320:9; 323:14;329:13,23; 362:3,21;363:24; passenger (10) 324:24; 333:10;342:24;343:10
322:11;323:5;325:13; 332:6;333:22;336:11; 369:5,20,25;377:10,14; 325:2;331:3;344:16; physically (5) 332:9,22;
327:14;330:23;336:13; 340:13;342:13,19; 378:18,18;379:7; 414:22;416:7;418:20, 406:24;414:17;419:13
338:9;339:5,10; 358:20,23;360:24; 380:16;398:24;399:2, 25;419:1,6 picayune (2) 454:11,20
340:21;344:18;352:19; 371:5;377:16,17; 3,25;400:3,12;402:2, passengers (1) 456:21 pick (3) 316:5;384:7;
361:19;363:14;365:13; 385:17;399:5;403:18; 25;403:22;404:11,20; passing (3) 336:14; 391:11
372:21,23;375:22; 413:4;418:2,4,6;419:4; 405:18,22;407:2,3; 426:12;453:4 picked (3) 325:16;
383:5;385:22;386:23; 421:18;428:22;431:11; 408:4,8;409:12;410:9, past (4) 343:15;358:6; 326:19,23
388:23;389:15;390:23; 433:22;435:11;438:15, 21;412:11,12;413:15; 362:4;369:22 picks (2) 389:14,22
391:6,11;399:3; 23;440:11;441:1,17, 415:2,5,13,22;416:16; patrol (6) 291:16,18,19; picture (2) 401:21;
400:16;404:6;405:13; 21;454:4;459:5 420:9;422:5;423:23; 297:17;299:16,23 457:20
406:23,25;408:17; outcome (1) 333:15 424:25,25;425:8; patron (1) 443:21 pieces (3) 349:22;
414:1,9;417:14; outside (14) 271:1; 426:3,4,17;427:21; Paul (2) 268:21;313:10 452:13,15
424:24;427:7,20; 278:18;290:11;310:13; 428:7,17;430:21,24,24; pause (1) 433:24 Pinuelas (37) 268:16,
434:11;441:18;442:20; 316:3;330:13;335:15; 439:17;440:4;444:17; paused (1) 389:16 17,21;269:1,8;274:13;
443:24,24;446:25; 421:4;428:24;429:8; 446:1;447:11 PD (1) 436:18 281:2,2,4,5,8,10,12,14;
447:11;452:5,11,13; 438:5;444:22;447:3,4 pages (8) 319:24; peace (6) 333:5; 284:10;286:17,17;
458:4 over (45) 274:21; 320:3,7,8;321:13,14; 343:25;451:9,10; 294:8;295:7;312:5,9;
ones (2) 342:18;367:14 275:7;288:24;291:6; 363:13;439:4 452:2,3 317:1;322:18;355:2;
one's (1) 328:5 294:15;318:21;319:14; pain (5) 332:15,17; peer (5) 274:1;286:25; 427:11;430:2,4,8,12,
only (19) 328:23; 347:4,18;359:2,22; 343:17,18;419:17 294:19;401:2,9 16;431:6,16,21;
329:24;331:10;334:2, 364:9;369:1;384:25; panel (1) 334:25 pending (1) 334:5 432:11;448:15;456:10,
2;336:13;337:1;342:6; 385:15,17;402:1; paragraph (37) 305:8; people (9) 297:18; 15
360:10,13;396:3; 409:17;413:20;414:14, 321:3,21;323:13; 316:17;339:15;371:8; pissed (8) 376:20;
409:4;412:6;416:10; 20;416:1;418:19; 324:18;332:18;333:23; 387:1,3;397:2;418:4; 379:23,23,25;380:1,3;
418:16;439:6;442:11; 421:3,12,15,16;422:18, 378:23,24;380:19; 452:12 442:3,14
453:5,22 23;423:7;425:2; 399:3;400:13,16,17; perceived (2) 299:1; place (6) 270:15;
onto (1) 452:8 427:21;428:2;438:14, 402:21;403:1,1; 387:14 271:23;280:19;398:4;
open (5) 270:4;274:21; 24;440:2;441:2; 413:15,24;414:2; perception (8) 339:14; 429:2;457:20
275:8;294:10;454:17 445:22;446:3,4,5; 423:25;424:10;426:9, 387:21;391:22,24; placed (1) 396:8
opened (5) 275:5,17; 447:17;450:24;452:6, 18;427:7;428:7,20; 392:2;394:15;401:22, places (1) 389:22
303:9;454:14,19 11 435:2,18;437:24; 24 placing (3) 392:17;
opening (1) 321:20 overview (3) 452:7,9; 438:4;439:7,7,10,25; Perfect (2) 356:24; 394:1;396:24
operate (1) 459:23 454:20 440:2;441:11 399:12 plain (1) 270:13
operated (1) 312:7 own (9) 310:21;339:14; Pardon (1) 433:14 performance (2) plan (1) 285:20
operation (1) 345:20 342:8;376:2;392:1; park (1) 419:13 367:11;368:18 play (4) 341:18;390:23;
opinion (3) 345:22; 397:15,24,25;398:1 parked (1) 408:18 period (1) 288:2 391:6;418:4
387:20;457:12 ownership (1) 436:5 parking (4) 315:13,16; person (28) 287:7; played (1) 327:25
Min-U-Script® Coash & Coash, Inc. (11) Officer - played

playing (1) 418:9 304:10,13,15;340:22; procedures (1) 453:12 396:23,25;400:23; 431:21;440:25

pleasantries (1) 363:13 341:4;342:20;343:21; proceed (8) 268:23; 408:17;413:17;419:12; reasons (2) 276:17;
please (33) 268:19,23; 345:11;346:4;354:5; 283:4;301:12;370:13; 434:25;445:22;458:19 345:25
273:3,4;283:1,4;292:2; 356:19;359:22;362:20; 394:22;433:8;450:3; puts (1) 389:6 reassigned (1) 291:18
301:8,12;304:4; 363:21;372:3;377:13; 460:2 putting (5) 393:20,25; reassured (1) 272:2
322:23;323:21;330:19; 380:14;381:4;398:23; proceeded (2) 305:21; 397:9,10;402:22 rebuttal (5) 282:18;
391:16;393:7;433:4,7; 403:21;405:17,18; 308:5 300:22,23;449:15,17
434:11;442:8;444:2, 407:2;410:8;412:12; proceeding (5) 453:12; Q recall (34) 272:8;
20;445:4,20;446:25; 415:2,3;417:15; 458:14;459:8;460:7,17 277:12;294:17;297:13;
447:10;449:15,19,24; 425:14,21,24;426:6,18; proceeds (1) 453:12 QT (1) 422:16 302:20;303:7;306:17,
450:3;451:5,7,14,24 427:5,14;430:20; process (1) 349:14 questioner (3) 357:24, 22;336:9,10;338:13;
pm (4) 325:18,20; 433:22;437:19,21; profession (1) 346:9 25,25 341:15,23;342:17;
448:5;460:18 439:3;444:1;450:13, professional (4) questionnaire (1) 368:6 348:6;351:8,18;
point (32) 270:6;271:6, 17;451:13;452:5,12, 302:11;303:23;304:5; quick (3) 311:21; 353:15,18;356:9;
24;289:2,9;290:23; 15;453:7,11,12,19; 310:7 315:19,24 361:23;374:1,4;377:9;
291:1;295:9;300:15; 454:8,11;455:14,23; progress (1) 416:3 quickly (2) 398:16; 399:17;402:12;404:13;
308:24;320:21;329:22; 456:3;457:15,23; progressed (3) 364:25; 403:22 406:7;408:11;411:22,
331:4;337:9,11; 458:5;459:7,8 418:18;440:8 quiet (3) 333:5;343:25; 24;412:22;428:15;
344:21;354:19,24; POST's (1) 426:2 progressing (1) 414:18 432:11 430:18
356:1,6;358:13; potential (1) 356:4 promotion (1) 433:16 quite (2) 443:22,25 recalling (1) 361:25
361:20;362:13,14,16; pounded (1) 442:22 prompted (1) 415:25 quote (1) 431:18 receipt (1) 436:5
382:23;383:17;384:20, practice (1) 350:15 proper (3) 432:4,18; quotes (2) 305:22,23 receive (3) 269:15;
23;388:2,16;413:10 precise (1) 439:6 437:4 311:14,17
pointed (1) 316:4 precursor (1) 328:24 property (4) 434:20,21; R received (10) 284:12;
pointing (2) 386:17; prefer (2) 435:7;458:7 436:3;438:3 288:10;294:12,13;
389:24 preferred (1) 281:20 prosecution (1) 335:6 radio (1) 294:13 305:10;312:15;420:1,
points (3) 452:6,11; preliminary (1) 268:13 prove (1) 436:5 ranking (5) 434:23; 4,18;422:19
454:20 preparation (1) 347:5 provide (8) 308:15; 448:8,24;449:8,11 receiving (1) 313:19
Police (34) 269:9; prepare (1) 338:8 367:4;373:24;427:8; rapport (2) 287:21; recess (5) 346:13,17;
278:14;283:15,17,23; present (9) 268:5; 430:1,3;438:18;459:4 336:15 398:8;433:3,6
289:4,6,12,18;291:2; 311:2;333:9;336:22; provided (15) 309:13, reached (1) 288:23 recessed (1) 460:18
295:12;301:22,25; 352:16;358:11;453:6; 13;311:18;353:6; reaching (1) 383:2 recklessly (3) 332:9,22;
302:4,5,9,19;303:13, 456:13;457:10 366:16,24,25;367:3; read (25) 292:11; 342:24
21;311:25;313:12; presentation (1) 304:14 371:11;374:5,18; 321:5,19,20;325:22; recognized (1) 310:18
332:4;333:14;334:4, presented (3) 304:9,12; 437:13;452:12;459:7, 330:18;333:24;342:21; recognizing (2) 310:16,
11;344:18;345:21; 453:8 13 343:5,22;416:22; 17
352:14;359:4;373:3,5; Pretty (3) 270:18; provoke (2) 332:25; 424:6;435:4,6,8,18; recollected (2) 437:7,8
433:20;441:23;450:19 316:16;379:15 333:9 439:7,21,24,25;440:4; recollection (5) 361:14,
policy (5) 337:20; prevent (1) 344:24 pry (3) 270:9,15;271:10 441:14;444:20;452:25; 17;374:23;398:22;
338:2;355:21;441:23; previous (2) 306:16,18 PSU (4) 321:24; 453:23 399:10
460:5 previously (4) 269:2; 330:24;380:20,20 reader (3) 401:18,21; recommendation (3)
policy's (1) 313:12 283:7;301:15;450:6 public (2) 346:8;450:22 402:14 324:7;444:14,24
political (1) 345:17 primary (1) 276:24 pull (2) 414:21;447:17 reading (4) 378:23; recommended (1)
portion (1) 314:6 principal (4) 350:2,4,8; pulled (3) 416:5; 397:2;402:18;439:6 445:16
portray (1) 330:11 366:25 418:19;447:17 reads (2) 401:24; reconnected (1) 361:20
portrayed (1) 434:9 prior (32) 275:23; pulling (1) 414:20 425:14 record (23) 268:1,20;
portraying (1) 299:1 309:5,9;335:8;336:11, punch (1) 419:10 ready (2) 286:1;316:20 283:2;301:9;303:16;
portrays (1) 330:12 13;337:8,9;340:21; punched (14) 288:24; real (1) 311:21 346:16,18;351:14,16;
position (10) 299:24; 347:2;350:16;357:11, 330:22;341:22;365:15, reality (2) 410:5;424:23 374:18;391:12;398:7,
329:18;417:2;418:5, 12;359:2,5;364:8,14; 25;375:13;379:16; realize (1) 425:19 9;421:21;433:5,7;
20;419:10;448:3,14; 367:25,25;371:15; 406:13,18;407:20,22, realized (1) 285:4 449:25;452:3;458:13,
449:5;450:14 373:22,25;374:16,16; 24;409:5;419:9 really (25) 270:9,14,18, 16,22;459:6;460:16
positioned (1) 316:16 375:13,18;399:15; punches (1) 407:7 21;271:21,22;276:23; recorder (1) 355:25
positioning (2) 418:18, 406:1;413:9;433:19; punching (2) 375:14,18 286:11,21,25;287:18; recording (3) 323:9;
19 437:8;445:17 purchased (1) 436:8 288:20;289:2,9; 399:20,21
possible (8) 279:21; privacy (1) 276:22 purely (1) 300:1 290:16;291:2,19,22; records (2) 304:15;
303:6;364:24;365:18; Probably (13) 272:14; purpose (3) 316:11; 323:10;326:4;351:17; 452:5
366:1;382:4;440:7; 285:1,17;286:6; 345:19;355:17 371:6;391:4;392:4; recovery (1) 332:13
460:1 293:24;338:22,25; pursuant (1) 366:20 442:15 recused (1) 311:1
possibly (7) 272:22; 339:3;383:24;387:1; push (2) 287:2;289:10 rear (4) 414:21;416:6; Redirect (5) 282:14;
298:15,17,18;365:24; 389:11;408:9;415:22 pushes (1) 390:17 418:20,24 300:19;433:2,10;458:1
397:4;436:6 problems (2) 275:14; put (14) 349:4;389:5; reason (6) 276:24; refer (8) 303:18;
POST (63) 268:6,8; 298:5 392:24;393:17;394:4; 295:11;382:6;420:17; 306:12,13;312:15;
Min-U-Script® Coash & Coash, Inc. (12) playing - refer

352:17;378:15;399:13; repeat (1) 365:21 respondent (1) 268:10 425:11;427:3;430:9; 379:21;380:7,8;

439:3 rephrase (4) 282:3; response (2) 331:6; 431:8,18;436:13; 409:13;416:18
reference (9) 322:1; 324:13;375:12;387:12 404:25 438:16;441:11;459:2 sat (1) 286:7
328:17;356:10;357:7; replied (2) 271:14; responsible (2) 337:25; right-hand (6) 382:14; satisfy (1) 313:12
362:13,14,16;404:15; 272:14 448:12 383:1,1,7;385:8,12 Saturday (10) 358:6;
434:12 report (78) 272:18,24; restrain (3) 325:3; rights (2) 366:17;373:7 359:14,19;360:6,7;
referenced (2) 331:18; 273:9;289:4,5,6,12,15, 331:3;416:13 road (4) 316:2;331:6; 362:4;363:15;369:7,
367:19 18,25;290:23;291:2; restroom (2) 270:8; 404:23,24 22;370:1
referencing (1) 365:5 294:24;295:12,12; 382:5 roadway (2) 308:7; saw (11) 270:3;339:19,
referred (2) 306:17; 296:1,4,7;303:19,21; rests (1) 458:5 419:13 20,25;340:1,18;
439:2 304:2,3;305:22;308:2; result (3) 332:16; Robert (1) 451:19 343:12;396:13;406:24;
referring (12) 291:24; 310:8;322:19;333:20, 341:22;420:7 rocking (1) 386:9 415:23;435:9
305:24;308:2,11; 22;338:8;345:18; resulted (1) 313:19 Rogers (46) 290:5; saying (22) 272:8;
340:8;350:9;365:25; 347:20;348:7,20,25; resulting (1) 325:1 291:20,22;292:20; 282:1;330:5;340:12,
416:9,15;435:14; 349:8,11,16;352:21; retaliation (2) 333:10; 302:24;305:3,6;306:1, 14;355:19;360:10;
436:7;438:21 356:14;357:3;372:24; 341:23 5,8,9,22;307:1,15; 361:9;365:8;377:4;
refresh (2) 398:21; 373:7,12,16,18;376:7, retired (1) 450:20 308:1,12;309:12; 388:12;394:10;398:20;
434:10 12;379:4;396:23,25; retrieve (2) 423:10,10 310:9,16;311:1,14,24; 403:25;406:13;407:6;
refreshes (1) 399:9 397:2,11;399:13,16,22, review (4) 303:21; 315:5;317:9;323:23; 409:3,7;420:2;421:22;
refused (2) 427:8;430:1 25;401:11;402:2; 304:25;311:21;460:5 333:21;351:4,14,14,19, 425:1;446:15
regard (13) 296:11; 411:2,3;419:15; reviewing (1) 379:4 23;352:7,16;353:3,5, scan (4) 332:17;
327:21;328:9,18; 422:21,22;423:15,22; reviews (1) 334:25 12,16;371:11;372:12, 343:17,17;419:16
351:15;352:8;375:10; 427:5,14,17;429:24,25; Revised (1) 366:20 18,20;373:20,21; scene (2) 443:18,18
411:3;417:2;429:24; 431:19,21;432:18; ride (3) 328:13;344:21, 432:2;441:10,20 scheme (1) 446:12
436:16;456:11,15 438:20;441:25;445:23; 24 Rogers' (4) 291:10; school (2) 286:2;350:7
regarding (1) 278:10 448:16;451:11 right (163) 273:11; 371:22;372:14;374:6 scope (1) 444:22
regardless (3) 272:25; reported (2) 291:4; 274:19,20;275:20,21; role (6) 298:13;302:8; Scott (2) 434:4,22
338:6;373:15 292:9 276:2,11,12;278:2,4, 328:1;418:4,9;445:7 script (1) 339:24
regards (1) 323:23 reporting (6) 274:2; 17;279:9,16;280:3,7,8, roll (3) 404:1,2,7 seat (10) 301:5;344:16;
registration (1) 319:10 345:12,14,22;401:20; 25;281:21;282:12; rolled (4) 426:11; 413:19;416:6,7;418:3,
regularly (1) 460:3 451:20 284:17;286:3,10,21; 452:14,18;454:23 13,21,25;419:1
reiterated (1) 426:8 reports (2) 284:20; 290:9;294:16,20,21; rolling (3) 403:4;453:3;second (18) 304:5;
related (4) 310:20; 448:24 295:22;296:9,22; 456:21 305:8;313:4;317:3;
367:11;368:18,21 request (5) 303:12; 297:7,9,23,24;299:7; Roman (2) 451:15,17 319:22;321:16;323:12;
relations (1) 441:25 304:15;305:11;349:7; 300:6,7;309:24; Roman's (8) 316:8; 327:6;331:9;374:9;
relationship (2) 280:17; 459:8 316:16;341:19;343:9; 329:10;340:11;376:10; 378:18;386:23;389:5;
291:6 requested (6) 304:11, 347:9,19;348:10,21; 377:17;380:12;381:19; 398:25;434:11;438:21;
relevance (3) 401:12, 23;312:2;322:20; 349:14,25;350:4; 441:17 446:25;447:11
15;446:22 434:13,16 351:2;353:24;355:4, roof (1) 416:12 secondhand (1) 457:22
relevant (4) 439:15; require (1) 441:24 15;356:3,15;357:4,4, room (10) 309:18; Section (6) 304:7;
442:15;445:15;460:6 required (3) 445:8; 19,21,23;358:12,15,18, 351:19;354:1;410:13, 319:21;400:4;416:18;
reliant (1) 371:3 451:13,20 23;359:7,15,25;360:14, 14;413:10,11;420:20; 422:6;451:14
reluctant (1) 287:15 requirement (3) 313:12; 19,21;363:3;364:21; 425:2;428:22 sections (1) 443:24
remain (2) 300:24; 430:3;459:9 365:4,13;366:9,14; roommates (1) 361:18 seeing (3) 288:9;
449:15 requirements (1) 367:5,7;368:3,9,10; Roosevelt (1) 316:1 381:13;416:14
remember (58) 271:16; 445:14 369:20;370:19,22; roughly (3) 355:8; seek (1) 422:24
272:13;279:1,3,4,7; Reserve (1) 300:21 375:4,11,22;376:6; 360:13;363:9 seemed (3) 284:17;
281:22,23;282:1; reserved (2) 282:17; 377:6;379:16,18,23; rude (1) 421:19 290:6;299:15
288:11;297:20;336:8; 300:23 380:3,9,13,13;381:13, rule (1) 457:13 self-defense (1) 341:23
337:9;338:12;348:7; resided (1) 361:2 16,20,24;382:1,8,16, rules (4) 346:5;454:14; send (2) 304:10;312:25
354:17;355:5;356:18; residence (20) 314:21, 19,20,21,24;384:5,6,6, 455:14;459:24 sense (7) 276:22;
361:1,1,15;362:1; 22;318:11,13,18,21; 18,21;385:7,13,16; 287:16;299:10;396:2;
374:7,8,8,11,24; 319:4;331:21,24; 386:6,19;387:3,9; S 418:19;419:2,3
376:10,15,21,25;377:3; 335:12;336:2;342:12, 388:12,17,20,24;389:9, sent (2) 312:19;459:11
378:7,11;379:24; 15;409:18;420:15; 17,17,19,20;390:10; safe (8) 271:20,20; sentence (4) 400:18,
381:9,13;382:17; 424:15;426:21;434:19; 392:17,23;394:3; 272:3;285:15,15; 20;402:18;441:14
383:14,15;384:17,25; 438:14;447:2 395:5,13,21,25;396:6; 287:9;295:10,10 sergeant (66) 269:13;
395:25;397:15;398:18, resigns (1) 425:23 397:16;399:9;400:12; Safety (1) 450:22 274:13;278:2,3,4;
20;401:1;405:16; Resources (1) 348:12 401:6,17;402:1; Safeway (1) 422:15 281:2,4,10,12,18;
410:7;412:1,2,8; respond (4) 284:14; 406:17,19;410:2; same (16) 299:17; 286:17,17;301:4,21;
419:19;423:21;440:13; 290:16;298:10;368:3 411:17;412:7;413:7; 313:21;323:21;326:17, 303:24;305:4;312:4,9;
445:23;456:23,24 responded (2) 284:15; 416:25;417:5;418:2; 17;338:21,24;343:12; 315:10;317:1;322:18;
rep (1) 320:11 434:24 422:2;423:7;424:19; 349:8;363:6;370:20; 336:16,22;346:24;
Min-U-Script® Coash & Coash, Inc. (13) reference - sergeant

347:19;351:24;353:7, silence (1) 292:14 someone (5) 367:16, 283:2;301:9;449:25 376:7,8;377:2;378:19;

20,25;354:20;355:1, Singleton (59) 270:12, 18;401:24;418:13,23 spinal/neck (1) 332:12 381:19;397:13,14;
10;357:25;358:6; 17;273:20;275:19; someplace (1) 286:2 split (1) 288:7 404:14;405:25;411:10;
360:1;362:25;373:21; 276:20;277:10,13,18, sometime (4) 276:25; spoke (25) 275:10; 419:12;423:22;426:17;
398:14;417:1;419:25; 20;279:8,11,14,18,19, 286:5;322:7,17 282:2,4;286:14; 428:21,23;429:25;
420:14;421:9;427:11; 22,25;280:10;282:3,5, sometimes (4) 320:12; 298:22;310:4;311:23; 435:15,23;436:12;
429:24;430:2,4,8,12, 8,22,24;283:3,6,13; 367:24;388:6,8 336:23;347:6;351:8, 438:1;441:12,15
15,16;431:15,21; 294:8;311:15,23; somewhat (1) 328:24 20,22;353:24;370:21; statement (25) 286:19;
432:11,12,13;433:13, 312:14;351:7;353:21, somewhere (6) 283:20; 372:19,19;373:20; 290:19;296:5;298:2;
15,17,18;448:6,22,23; 25;354:2,10,12,16,20, 286:1,8;290:7;299:19; 378:6;379:2;422:19; 308:4;311:11,12;
452:12;456:10,11,11 25;400:8,14,24;401:1, 361:15 435:14,15,20;436:2; 314:19,19,24;320:17;
seriously (2) 333:7; 9,19,22;430:16;431:1, soon (1) 447:17 452:24 330:8;345:18;357:17;
344:2 6,8,15,23,23;432:10; sorry (30) 273:18; spoken (1) 326:4 374:24;375:2,16;
serve (1) 367:24 448:2,18,20;449:1,2,4 279:13,13;281:16,16; sponsored (1) 302:4 397:11,16;400:13;
served (3) 317:10; S-I-N-G-L-E-T-O-N (1) 288:11;319:25;329:15; Sports (3) 325:21; 401:13,25;404:10,11;
321:16;368:2 283:3 342:14;346:2;356:22; 326:12,24 410:4
serving (1) 367:16 Singleton's (4) 354:5; 360:15;363:22;365:21; squirming (1) 414:14 statements (13) 322:1;
set (4) 435:25;436:1; 430:19;448:14;449:5 369:10,15;383:18; staff (3) 297:25;298:5; 329:15;339:6,9,11;
438:6;460:12 sitting (13) 271:1; 397:10,20;400:18; 332:14 340:3;402:4;411:2;
sets (1) 330:2 339:15;344:16;368:5; 413:23;424:8,13; stage (1) 334:4 425:20;429:3,3;
seven (7) 312:15; 382:21;410:12,15; 430:23;440:23;444:9; stamp (1) 349:4 436:15;447:24
314:8;399:25;400:12; 418:14,20,24;419:1; 446:4;447:23;452:7; stance (1) 341:21 states (1) 358:6
403:22;424:1;446:1 420:19;425:4 458:17 stand (2) 342:19; stating (1) 398:18
several (16) 321:7; situation (12) 272:18; sort (3) 272:14;289:11; 434:17 status (1) 452:3
324:25;325:5;327:1; 274:17;278:22;287:17, 345:13 standards (5) 302:11; statute (6) 342:22;
347:4,5;381:6;394:14; 25;295:3,8;385:3; sound (2) 382:10; 303:23;304:5;451:10; 344:5;345:14;366:20,
417:14;440:3;442:11, 387:11,11,14,23 393:15 452:2 24;373:9
12,16;443:20;452:6,11 six (6) 300:11;360:14; sounded (4) 270:2; standby (1) 434:12 stay (2) 284:20;438:7
shaking (4) 336:14; 413:15;414:2;428:7; 392:23;393:1;394:8 standing (3) 388:20,21; stayed (1) 331:24
344:15,17;386:3 430:21 speak (18) 269:3; 421:18 staying (5) 314:22;
shall (3) 368:14,16,21 skew (2) 396:18,21 274:24;283:8;286:3, Starbucks (2) 307:6; 319:11,11;338:14,16
share (3) 287:18; slam (7) 316:22; 10;287:5;301:16; 352:13 step (2) 300:21;449:16
320:18;338:5 329:25;330:15;380:21; 320:19;336:17;337:1; start (21) 276:25; Steri-Strip (1) 310:5
shared (3) 320:23; 395:10,24;443:9 338:1;353:20;435:17; 304:21;325:15,19; still (18) 271:1,8;
337:22;413:1 slammed (11) 329:12; 450:7;453:10;456:7, 326:4,9;351:5;354:11; 272:10,11;276:14,16;
Sheriff's (2) 310:23; 330:6;340:13;392:13, 14,15 356:17;357:20;359:19, 279:25;285:13;291:7,
314:17 14;398:17,20;399:4; speaking (12) 295:7; 19;365:6;370:2,2; 8;302:10;330:17;
shift (8) 270:11;279:12, 442:22,24;443:7 336:21;353:12;354:11; 371:5;372:14;380:19; 332:13;358:18;398:10;
14,15;280:5;434:23; slamming (7) 329:23; 356:3,17;364:8; 410:11;431:3;458:8 420:25;447:16;448:11
449:8,11 342:3;375:24;376:6; 371:15;373:22,25; started (27) 289:1; stitch (1) 431:4
short (4) 323:8,8; 392:18;393:2;396:24 411:18;436:23 295:14,16;301:24; stitches (2) 272:9,13
346:12;423:20 slash (1) 325:1 special (1) 417:10 302:7;325:15,20; stitching (1) 272:15
shorten (1) 388:6 sleep (3) 284:25; specialist (2) 343:20; 326:9,11;328:2,24; stood (1) 434:24
shot (3) 402:11;419:17; 285:18,19 450:15 341:18;356:2;364:24; stop (10) 323:16,18;
420:2 sleeping (1) 279:9 specific (24) 271:21; 365:3;383:21;393:12, 340:10;363:18;394:19;
show (2) 386:12;392:3 slid (1) 413:20 272:7;307:19;323:5; 12;416:1;440:8,10; 408:16,20;415:9,17;
showed (1) 370:1 slide (3) 415:25;416:1, 338:13;350:24;370:5, 441:2,7,21;447:14,15; 458:8
showing (1) 419:4 11 6,20,24,25;371:5,10, 450:18 stopped (4) 308:6,8;
shown (1) 398:15 slides (5) 330:3; 19,23;375:17;402:20; starting (5) 268:5; 315:15;331:5
shows (4) 304:5,7; 390:17;391:6,13,18 412:24;427:20;436:22; 292:8;312:12;424:6; stopping (2) 309:5,9
380:21;381:15 sliding (4) 393:18; 440:18,24;456:18,18 439:21 store (2) 315:20;422:11
shuts (2) 410:15;425:3 413:19;414:14;415:20 Specifically (4) 340:7; starts (1) 404:23 stormed (2) 329:13;
side (12) 273:4;295:23; slow (1) 446:4 367:10;410:22;453:19 state (13) 268:19; 340:13
316:2;329:19;414:22; smacked (1) 329:2 specifics (8) 313:23; 283:1;288:12,13; storming (1) 329:23
416:7;418:20,25; smacking (1) 407:11 314:1,2,4,12;371:9; 301:8;302:24;303:8; street (1) 412:1
419:7,8,11,24 small (4) 314:6;388:7; 421:24;454:7 305:12,23;359:12; strength (1) 298:8
signature (1) 348:17 421:5;422:25 specified (1) 404:6 401:4;449:24;452:4 strict (1) 459:23
significance (8) 320:16; smaller (2) 388:9; speculate (1) 312:22 stated (41) 274:13; strictly (1) 401:24
330:5,8,9;339:8; 389:21 speculating (2) 289:16; 281:2,7,12,18;294:18; strike (6) 309:19;345:6;
351:11;438:25;449:6 socialize (1) 287:20 299:8 323:13,14,16;325:15; 356:16;372:12;442:15;
significant (5) 327:21; somebody (6) 273:25; Speculation (4) 298:20; 326:19;330:20;331:23; 457:24
328:1,5,18;438:19 287:6,20;296:20; 365:16,19;387:18 344:23;347:19;348:21; striking (7) 309:5,10;
signs (1) 438:2 401:3;422:10 spelling (4) 268:20; 349:17;355:16;374:20; 332:10,23;340:8,21;
Min-U-Script® Coash & Coash, Inc. (14) seriously - striking

406:1 311:22;349:10;350:8; talking (30) 281:25; third (3) 304:7;323:13; 338:6,7;342:2;345:4;

strong (2) 298:8;299:6 352:19;357:22;366:8; 290:6,14;293:13; 435:2 358:4;368:2,6;377:20;
struck (20) 306:21; 368:1;370:9,16; 294:18;299:10;341:13; though (7) 280:8; 378:12,19;379:19;
307:24;308:9,13,14; 376:24;380:13;383:20; 350:17;354:25;355:15; 284:17;291:6,6; 380:4;382:7;387:8;
309:20;321:7;324:24; 390:24;396:19;401:12; 357:20;365:3,14; 423:10;448:19;449:3 392:10,11,16;395:7,8,
330:21,25;331:2,6,9, 421:8;435:12;459:6 370:1;378:20;379:2,8; thought (12) 272:13; 10,11,25;397:23,24;
11;341:25;345:3; surface (1) 281:19 382:23;384:13;386:13; 281:19;285:3;293:17; 399:10;403:21;406:17;
404:24;419:14;442:11, surgeries (1) 343:14 388:23;404:14;406:16; 299:10;300:12;361:10, 407:21;408:20;409:25;
13 surgery (1) 332:12 413:23;414:16;421:14; 13;393:8;418:11,12; 410:5;411:25;420:5;
struggling (1) 413:18 surprise (3) 460:3,7,9 431:1;440:19;452:21; 436:13 430:11,13,16;431:2,15;
student (1) 319:8 surprised (2) 459:15,16 454:7 three (44) 304:21; 435:12,24;436:1,7,9;
stuff (2) 296:19;404:3 surveillance (5) 316:15; taller (1) 281:17 308:19;309:3;322:10; 438:5;440:14,16;
stupid (2) 286:20,20 329:17;380:18;422:11; tapped (1) 442:23 324:22;325:1;327:10; 447:12;458:20;459:2,
style (1) 417:16 423:4 taps (5) 390:20;391:2, 330:17;331:4;332:11, 18
subdivision (1) 345:17 suspect (1) 334:2 7,13,20 24;336:25;337:3,9,10, tonic (10) 385:10;
subject (17) 320:9; sustain (1) 349:2 task (1) 423:4 24;349:19;352:25; 389:6,15,22;390:24,25;
350:5,6,11,12,13,16, Sustained (7) 324:17; tasks (1) 423:3 360:12;362:21;363:24; 402:7,11;446:3,5
25;364:10,11;366:25; 327:11;328:7;329:6; technically (1) 278:7 374:22,25;375:1; took (6) 299:25;300:1;
367:4,6;371:2;373:16; 333:12;334:21;427:2 telephone (1) 274:25 394:12;405:14,25; 311:9;385:3;450:24;
432:14,20 swing (2) 408:15,16 television (4) 435:25; 406:3,17;407:19; 457:20
submit (2) 348:24; switched (1) 420:24 436:1,8,10 409:3,7,9;413:17; top (6) 295:17;383:8;
451:13 sworn (10) 268:17; telling (27) 272:23; 414:2;421:18;422:19; 402:5;405:24;409:16;
subordinate (10) 278:7; 269:2;282:24;283:7; 277:12;279:1,4; 426:17,19;427:7; 440:4
280:17;294:21;430:8; 301:6,15;449:22; 281:23;292:25;305:16; 440:2;442:9,19;443:23 topic (1) 338:22
432:5,15,15,17,21,22 450:6,19;455:24 340:1,9;357:20; threw (2) 412:16; toss (1) 413:6
subpoenaed (1) 335:5 swung (2) 408:9,17 369:20;376:16,16; 446:15 tossed (2) 411:12;
subsequent (1) 317:7 synopsis (1) 302:21 378:12;379:8;394:13, throw (2) 411:19,21 413:10
substantiated (1) 380:7 systemic (1) 298:12 14;401:2;410:15; throwing (3) 392:17; total (2) 283:23;450:16
substantiates (1) 422:18;431:6,7,23; 412:20,20 toward (2) 413:20;
379:18 T 432:14,15,20;437:1 throws (1) 412:15 415:21
suffered (2) 420:7; tells (3) 406:22;407:1; Thunderbird (1) 319:11 towards (9) 414:14,20,
421:11 Tab (19) 273:3;292:1; 419:22 timeline (1) 341:18 21;415:25;416:1,3,6,
Suites (1) 316:1 296:17;304:4;352:23; ten (1) 346:14 times (31) 289:14; 12;419:6
summarize (12) 354:9;357:5;366:6; tends (1) 346:7 290:15;297:7;321:8; town (1) 305:16
311:20;321:18,19; 369:10,16,17,18; term (7) 299:7;350:12; 324:25;325:1;331:4; training (25) 269:23,25;
325:11,24;326:16; 378:15,17;407:2; 374:21;380:13,13; 345:3;347:4;350:19; 271:2;274:22;275:4,8,
327:13;329:8;331:17; 412:12;415:3;424:24; 420:13;431:18 388:10;390:11;394:14; 11,15,18,23;276:4;
341:12;348:20;435:6 426:2 terminated (4) 333:16; 405:8,14,25;406:4,17, 277:8,11,24;278:18;
summarized (3) 345:13, tabbed (2) 372:1,3 425:23;436:18;451:12 22;407:16,19;409:4,9; 282:4;284:14,21;
25;399:19 table (10) 391:7,14; termination (14) 324:8, 417:14;440:3;442:12, 294:10,14;311:25;
summarizing (1) 376:7 392:13,13,14;393:17; 10;333:17;347:23; 13,16,19,19;443:20 432:8;451:10;452:2,4
summary (12) 304:12; 395:24;442:22,23; 348:11,13,15;436:19; Tina (1) 268:4 transcribe (1) 323:3
305:5;308:25;323:1, 449:19 444:15,24;445:1; tired (2) 285:18;438:8 transcript (11) 296:16;
12;352:11;376:13; talk (39) 269:20; 451:11,22,23 today (8) 268:5;300:25; 323:1;357:2,5;365:8;
400:9,11;402:3; 273:25;277:1,15,20; terminology (1) 453:20 346:25;347:1;374:21, 369:18;377:12;399:15;
428:19;429:3 281:24,24;287:8,23; terms (10) 308:1; 24;459:14,16 404:16;407:25;428:18
Sunday (11) 284:6; 289:25;294:16;338:25; 309:18;401:6;427:6, today's (2) 458:13; transcription (1) 323:11
305:11;322:6,16; 339:11;351:2,6,14; 15;442:5,17;443:2,19; 460:17 transcripts (2) 399:18;
358:6,7;360:7;369:7,7, 358:5;359:3,18;362:5; 454:12 to-do (1) 445:22 428:19
22;379:13 365:9;367:23;369:21; testified (8) 269:4; together (13) 288:8,14; Transferred (3) 269:21;
superior (1) 306:7 370:19;385:17;404:2, 283:9;301:17;347:1, 318:19;319:3;327:2; 274:25;299:24
supervisor (13) 270:10; 7,19;413:3;421:5; 15;376:11;428:4;450:8 336:12,25;337:3; treatment (2) 310:1,2
271:14;272:25;278:25; 422:25;423:7;436:6; testify (4) 291:9; 339:23;358:18;362:17; triage (1) 310:3
280:19;287:1;312:4; 437:4;438:24;453:11; 295:21;453:21;454:15 375:1;434:18 tried (3) 289:10;331:3;
313:20;401:19,23; 456:10;459:14,14 testimony (7) 334:19; told (79) 269:22; 423:10
431:22;445:6;448:22 talked (23) 271:6; 341:1;346:25;347:3, 273:23;275:2;277:20; Trip (2) 315:19,24
supplement (1) 306:13 279:19;295:4;297:2; 12;427:25;428:3 279:17;282:8;285:19; trouble (3) 338:1;356:8,
supply (1) 335:6 298:22;306:4;314:18; thanked (2) 280:24; 286:16;288:5,20,22; 11
supportive (1) 287:1 338:19;339:10;346:24; 438:7 289:2,17,24;290:4,17, true (4) 298:17;452:19;
supposed (2) 432:24; 347:2,4,22;351:13,17; thanks (1) 431:5 19;291:12;294:12; 454:13;455:12
436:9 355:16;368:25;411:15; thinking (6) 270:5,12; 296:3;308:12;317:23; trust (4) 291:23;293:4;
Sure (22) 280:2; 422:16;438:14;444:23; 299:9;365:23,24; 319:3,10;322:18; 346:8;394:17
291:22;295:6;309:23; 453:24,25 402:12 323:16,17,19;331:1; truth (8) 269:3,4;283:8,
Min-U-Script® Coash & Coash, Inc. (15) strong - truth

9;301:16,17;450:7,8 352:13;361:20;414:15; 286:5;448:8 violate (1) 451:18 364:14,17;370:19;

truthfully (2) 321:2; 416:5 violated (2) 345:14; 376:8,16;379:22,22;
445:10 under (17) 271:7; V 346:5 380:4;381:18,25;
try (8) 404:17;415:17; 285:4;317:20;332:13; violation (1) 455:14 382:4,21;383:5;
418:2,3,4,6;419:3; 344:5;367:7,8;374:21; vague (2) 303:7;402:19 violations (5) 337:20; 385:12;386:6,7;387:4;
421:3 381:12;407:2;410:11; Valley (15) 309:25; 338:2;454:13;457:4,13 388:16;396:7,24;
trying (26) 276:22; 412:12;424:24;426:24; 318:14,20;331:22; violence (15) 289:14; 397:1;403:21,24;
291:1;295:13,16; 439:13;445:12;459:23 332:14;342:9;376:2; 291:3;298:14,16; 404:6;410:3,13;
299:15,22,25;315:9,10; understood (1) 291:23 397:15,18,21,24,25; 310:20;322:9;332:8, 411:10,11,14,18,19;
318:23;323:5,15; unfortunately (1) 398:1;409:20;420:20 21;333:5,25;354:15, 412:25;420:15;423:20;
341:18;342:13;375:9; 389:21 value (1) 316:7 22;365:4;373:2,11 425:2;426:16;428:23;
385:20;386:1,14,15; unfounded (1) 345:17 various (1) 441:9 violent (3) 287:6;333:6; 438:15;446:15
414:11,15,21;415:8,15; unit (2) 302:11;304:5 vast (4) 317:13;374:21; 344:2 Wayne's (5) 359:3;
416:13;424:9 unlawful (1) 345:15 375:3,6 visible (3) 298:15; 395:17;404:10;421:13;
Tuesday (2) 287:21; unless (3) 278:14; vehicle (43) 271:1; 306:23;438:2 424:14
321:24 417:16;419:24 308:6,9;309:4,5,9,21, visibly (3) 270:7,21; ways (2) 396:17,21
turn (14) 273:3,4; unreasonable (1) 333:7 22;315:15;318:7,14; 435:22 weak (1) 299:3
345:6;356:19;362:20; untruthful (2) 334:18; 321:8;324:24;325:3; Visual (2) 417:21,25 weaker (3) 298:19;
363:21;366:3;399:24; 443:3 326:22;327:3;328:13, vodka (1) 384:11 299:2,11
400:12;402:1;408:12; Untruthfulness (2) 16;329:1;331:5; voice (1) 286:22 wearing (1) 382:17
416:16;444:1;445:20 317:18;334:22 339:15,16;340:15,18; voir (1) 454:3 Wednesday (1) 422:9
turned (8) 308:9; unusual (1) 319:14 341:14,20;342:9; Volume (4) 357:5; week (1) 358:23
309:20;315:12;344:17; up (47) 274:22;285:20, 344:15,19;403:4,14; 372:3;378:16,17 weekend (2) 302:20;
392:6;407:20;416:7; 22;286:5;288:7; 404:24;414:6;416:12; vulgarities (1) 324:23 303:2
419:13 292:23;300:7;307:23; 417:5,8,10;418:10; weeks (2) 358:24;
turning (9) 309:5,10; 314:16;315:6,17; 419:13;434:25;435:9; W 399:18
321:13;323:12;325:8; 316:3,5;318:11; 436:4;438:6 weight (6) 417:18,20,
327:10;340:21;377:13; 324:12;325:16;326:19, vehicles (3) 403:5,9; wait (2) 277:14;435:15 22,24;437:15,17
439:17 23;330:13;343:19; 404:15 waited (1) 278:17 weird (2) 388:3,8
twice (9) 308:13; 353:15;356:9;362:8, verb (1) 288:22 waiting (3) 382:4; weren't (5) 288:7,9;
330:22;331:10;390:22; 16;377:24;384:7; verbal (19) 288:20,23; 435:14;458:10 339:9;421:18;422:25
391:7,13,21;407:7; 389:14,22;391:11; 308:3;324:20;328:25; walk (6) 270:3;304:18; West (18) 309:25;
408:11 397:10;404:18,20; 344:12,20;386:5; 312:11;314:13;318:16; 316:1,2;318:14,20;
two (52) 284:12; 414:8;415:11;416:9, 409:19,25;424:4,17; 377:16 319:6;331:22;332:14;
310:25;311:3;319:23; 11;418:21;419:5; 425:16;426:21;427:22; walked (14) 271:2,3; 342:9;376:2;397:15,
320:7,8;321:13,14; 420:16;422:10;431:5; 428:11,12,16;429:12 275:7;284:17;309:21; 18,21,24,25;398:1;
325:8;326:14,23; 432:18,23;435:10; verified (1) 285:14 318:8;331:21;342:8; 409:20;420:20
327:20;333:21,23,23; 457:2,10,11 version (4) 318:23; 377:17;382:13;399:5; what's (11) 273:10;
337:8;338:23;340:13; upon (4) 302:4;334:24; 323:7;351:3;388:7 424:15;428:22;435:10 284:18;290:17;304:8;
341:4;343:14;345:3; 371:3;426:20 versions (1) 317:14 walks (1) 276:11 322:5;324:18;334:15;
357:8;358:24;360:4; upper (1) 415:10 victim (12) 291:3; warning (2) 320:13,14 392:19;434:1,9;443:18
361:17;363:14;369:5, upset (30) 270:6,7,21; 293:18,25;298:16,23; watch (11) 280:1; whatsoever (1) 298:6
20;386:13;387:2,2; 271:9;276:19;284:18; 317:21;334:1;373:6,7, 434:22;448:2,4,7,10, whenever (1) 453:7
390:11;394:11,16; 286:23;287:12;288:3; 10,11,15 15,19,23;449:5,10 when's (1) 347:6
396:3;415:23;418:4, 289:2;290:10;297:6; victims (2) 289:15; watched (3) 329:25; whiplash (7) 420:7,13;
10;423:19;424:1,10; 329:12;376:8,17,18; 373:2 342:6;395:10 421:11;427:2;455:9,
426:3,4;427:7;428:7, 377:3,6,17;378:4; victims' (1) 373:6 watching (3) 383:19; 10;456:22
17;431:4;439:4; 379:19,21,23;380:5,8; video (27) 315:18; 394:2,14 white (2) 366:3;425:25
441:16;443:25;452:15; 399:4;435:12,22; 316:13,14;329:16,18; way (15) 274:3;291:21; whole (4) 271:10;
455:11 438:9;442:14 330:1;380:12,19,24; 317:22;330:8;340:3,6; 287:18;415:16;444:24
type (4) 306:19;313:1; upsetting (1) 270:13 381:2,3,6,13;382:10; 350:24;366:2;395:3; who's (3) 290:2;
339:23;340:2 upstairs (3) 318:9,9,16 386:25;388:2,15; 396:16,16;416:10; 382:13;383:2
types (1) 271:21 use (3) 277:8;372:11; 389:1;392:21;394:14; 432:18;452:7;460:9 willing (1) 314:24
Typically (5) 280:4; 458:20 397:7;398:15;422:11, Wayne (76) 307:12; window (7) 403:19;
310:20;312:24;349:6; used (9) 290:17; 17;423:4,7,8 309:1;314:23;315:3; 404:1,2,7;452:14,18;
367:24 371:22;372:4;374:20; videotape (1) 443:17 317:8;325:16;326:19, 454:24
typo (1) 313:15 375:5;401:5;421:25; view (4) 339:14;381:8; 25;329:15,16;335:10, windows (4) 403:4;
426:7;454:8 421:4,15 12,15,18,20,23;336:19; 426:11;453:3;456:21
U uses (2) 379:23,24 viewed (3) 297:10; 338:14;339:19,20; within (4) 339:16;
Using (6) 304:18; 380:12,18 340:15;342:14;344:16; 343:14;423:19,20
ultimate (1) 349:3 324:23;326:21;333:8; viewing (2) 317:22; 349:21;355:16;358:12; without (3) 272:6;
ultimately (10) 321:5,5, 350:12;427:14 381:13 361:6,6,9,10,11,17; 289:19;449:12
6;338:9;340:14;349:2; usually (3) 280:2; views (1) 381:7 362:22;363:1,3,4,9; witness (56) 268:12,15,
Min-U-Script® Coash & Coash, Inc. (16) truthfully - witness

21;269:2;272:21; 454:2,9 12:30 (2) 286:6,7 450:18 30 (2) 276:8,9

281:5;282:21;283:3,7; 1203A1 (2) 343:5,8 2010 (1) 417:15 30th (2) 281:13,19
300:24;301:1,3,10,15; Y 124 (1) 359:8 2011 (3) 313:14;417:6, 31 (2) 283:25;297:21
316:13;319:1;328:22; 13 (9) 292:1,1;296:17; 12 32 (4) 297:21;410:9;
329:15;341:1;350:11, yard (2) 438:15,23 354:6;360:25;361:7; 2012 (1) 332:12 424:25,25
25;365:21;367:6; year (3) 300:9;343:15; 402:2,4;430:20 2013 (30) 269:12; 33 (1) 405:18
373:16;387:21;391:7, 456:2 13-2904A1 (1) 343:22 281:19;284:1;302:8; 34 (3) 410:21;424:25;
13,18;393:7,15; years (15) 269:11; 13-4-109A (1) 451:19 304:22;313:8,16,17; 425:8
429:14;437:13;439:14; 283:23;291:16;297:21, 136 (1) 431:3 321:10,24;322:7,17; 35 (2) 318:1;439:21
440:13,16;444:8; 22;299:24;300:13; 14 (7) 322:23;378:17; 324:1,8,19;330:21; 36 (1) 319:21
446:22;450:1,6; 324:22;332:11,24; 405:19,22;427:6,7; 332:6,13,15,19;333:2; 360 (1) 296:18
452:20;453:1,2,5,6,9, 347:18;360:25;361:5, 447:11 340:23;363:7;364:4; 361 (1) 296:17
11,21,22,24,25;454:4, 7;450:16 1419 (2) 410:11; 368:24;374:6;381:15; 37 (2) 402:25;404:11
6,15,18;457:9;458:8 yelled (3) 452:14,18; 424:25 434:14;437:8;450:20 38 (3) 408:4,8;413:15
witnesses (32) 307:16; 454:24 1421 (1) 425:1 2014 (12) 268:2; 38-1101 (1) 366:21
308:19;309:8;315:8; yelling (9) 324:23; 1425 (1) 410:18 324:11;334:7;347:24;
317:16,23;323:8; 329:3;403:5,9,13,18; 1447 (1) 405:19 348:11;434:2;436:17, 4
328:15;330:13,24; 426:11;453:4;456:21 1483 (1) 410:22 18;437:9;451:23;
331:23;340:14;342:1, Yep (1) 426:5 1485 (1) 410:24 453:8;456:4 4 (14) 303:15;304:8,18,
10;344:13;347:12; yesterday (3) 313:14; 14A-019-POST (1) 21 (1) 334:6 21;309:11,22;314:7;
349:19;350:2,17; 347:8,12 268:2 22 (1) 315:4 352:23;380:14,19;
356:4,4,7;374:22,25; Youngtown (1) 302:4 15 (6) 276:6;284:25; 23 (1) 415:13 381:7,12;398:23;432:8
375:1,1,17;418:17; Yukon (6) 402:11,23; 285:1;313:3;314:25; 23rd (1) 340:22 4:00 (5) 448:5,6,9,11,
419:12;422:1,19;442:9 445:23;446:7,9;447:19 323:10 24 (11) 269:12;284:1; 13
woke (2) 285:20,22 Yuma (5) 293:11; 15575 (1) 316:1 313:14;332:15;340:22; 4:30 (3) 269:19;312:1;
woman (1) 298:7 300:7,15;361:2,18 16 (6) 323:21;372:3; 381:4,15;412:11,12; 322:17
women (3) 297:25; 434:2;437:9;440:21; 415:2,5 4:33 (1) 355:8
298:11,12 0 441:9 24th (12) 309:24; 40 (3) 423:23;427:22;
Wonderful (2) 368:13; 161 (2) 362:3,5 312:2;313:17;322:7, 428:7
397:8 0400 (1) 309:22 165 (1) 362:8 17;324:19;332:6,19; 41 (1) 420:10
word (5) 271:16;321:5; 1660 (1) 408:8 333:2;379:11;420:21, 41-1828.01 (1) 451:20
379:23,24;455:9 1 169 (1) 362:9 22 44 (2) 380:16;404:20
wording (2) 297:20; 16th (1) 436:17 25 (9) 304:22;315:6; 45 (1) 409:12
327:4 1 (7) 286:7;324:16; 17 (2) 324:2;348:11 422:5;433:23;437:18, 458 (1) 377:24
words (6) 297:16; 325:10;357:24;358:1; 17th (4) 324:11; 19,21;459:15,17 459 (1) 377:24
396:18,21;416:2; 451:5,19 347:24;436:18;451:23 253 (1) 292:8 470 (1) 377:14
425:10;454:8 1:30 (1) 381:19 18 (5) 268:2;269:11; 254 (1) 292:6 472 (1) 273:7
work (6) 287:19,20; 1:40 pm (1) 398:8 324:6;444:1,9 25th (8) 313:8;324:1; 475 (1) 377:19
297:11;303:22;354:25; 1:45 (2) 381:16,20 184 (1) 359:12 352:24;353:9;354:4, 477 (1) 377:20
413:4 10 (9) 284:25;323:9; 188 (1) 369:25 10;371:13;395:8 4th (2) 327:10;354:9
worked (4) 287:20; 327:19;328:5;331:17; 19 (3) 324:9;325:8; 26 (7) 316:25;321:24;
302:6;336:11;459:4 362:21;403:21;412:12, 330:17 355:8;363:7;364:3; 5
working (3) 285:17; 12 19th (2) 453:8;456:4 368:24;374:6
297:19;456:1 10:00 (1) 325:17 26th (7) 314:11; 5 (9) 284:7;294:9;
works (3) 349:9;350:7; 10:18 (2) 376:3;397:16 2 330:21;331:13;341:5, 304:4,5,8,9;312:1;
448:4 10:24 am (1) 346:17 6;364:15;374:16 355:1;369:25
worksheet (1) 334:1 10:42 am (1) 346:17 2 (13) 304:6,7;325:10; 27 (2) 407:3;423:8 5:00 (4) 276:25;277:6;
wrestled (1) 325:3 1022 (1) 415:14 357:6;366:6;367:8; 27th (2) 324:8;422:9 322:18;448:21
write (5) 312:25; 1027 (1) 415:14 372:3;373:6;378:17; 28 (1) 317:2 5:15 (1) 277:3
323:25;420:2;437:6; 1036 (2) 412:14;415:7 400:4;426:2;439:7; 289 (1) 446:1 5:23 (1) 411:16
453:1 1040 (1) 415:10 451:24 290 (1) 403:24 5:30 (1) 277:4
writes (1) 324:12 11 (5) 273:4;322:3; 2:00 (1) 322:7 291 (1) 403:24 550 (1) 315:20
writing (2) 313:13; 331:17;377:14;426:18 2:30 (2) 313:18;322:8 2nd (6) 321:10;330:21; 5th (1) 328:7
452:25 11/26/13 (2) 320:5; 2:40 pm (1) 433:6 331:9,13;341:6;392:12
written (3) 353:14; 439:18 20 (8) 276:7,8;315:2; 6
374:11;452:9 11:00 (2) 325:18;446:6 333:19;360:12;416:16, 3
wrong (3) 284:18; 11:30 (1) 286:6 17;433:3 6 (12) 292:4;319:23;
287:3;438:12 119 (1) 358:18 2000 (1) 281:13 3 (7) 313:21,21; 320:1;334:7;363:21;
wrote (15) 304:2; 1199 (1) 407:5 2001 (1) 302:3 319:21;426:9,9,9; 405:17;439:4,7,10,18,
400:14;403:11;404:11; 12 (3) 273:3;314:14; 2002 (1) 302:6 452:8 25;447:10
405:4;409:23;422:10; 426:24 2005 (1) 392:12 3:03 pm (1) 433:6 6:00 (2) 325:20;448:5
425:13,17;429:9; 12:00 (1) 286:6 2006 (1) 301:24 3:30 (1) 458:7 6:20 (2) 411:16,17
436:20,21;453:15; 12:04 pm (1) 398:8 2007 (2) 283:19; 3:42 (1) 460:18 6:22 (2) 363:10;411:18
Min-U-Script® Coash & Coash, Inc. (17) witnesses - 6:22

6:25 (1) 354:10

62 (1) 360:4
623 (1) 447:12
624 (1) 447:12
6th (1) 328:7
7
7 (6) 321:10;329:6;
366:6;380:18,20;
399:25
7:15 (1) 313:8
74 (5) 357:11,11,15,23;
358:3
8
8 (10) 330:18;356:19;
357:5;369:17,18;
377:13;404:22;405:18;
408:6;445:20
8:00 (3) 448:8,10,13
8:32 (1) 268:3
890 (1) 416:22
898 (1) 416:22
9
9 (12) 331:17;359:23;
369:10,16;407:2,3;
410:8;415:2,3;416:18;
424:24;451:19
9:17 (1) 364:6
91 (3) 363:24;364:21;
440:4
92 (1) 358:13
95 (2) 360:12,16
96 (3) 362:21;363:12,
14
9th (4) 378:6,12;379:3;
456:2
Min-U-Script® Coash & Coash, Inc. (18) 6:25 - 9th


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14A-019-POST - Volume 2 - November 18, 2014 263

THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Hearing )

At: Phoenix, Arizona

REPORTER'S TRANSCRIPT OF PROCEEDINGS

COASH & COASH, INC.

Coash & Coash, Inc.

Page 265 Page 267

Min-U-Script® Coash & Coash, Inc. (1) Pages 264 - 267

Page 269 Page 271

1 JOSEPH PINUELAS, 1 A. Yes. I was still sitting in my vehicle outside

Min-U-Script® Coash & Coash, Inc. (2) Pages 268 - 271

Page 273 Page 275

1 BY MS. BECK: 1 cell phone.

Min-U-Script® Coash & Coash, Inc. (3) Pages 272 - 275

1 A. No. 1 Q. Okay. Now, you, at the time, you were a

Page 277 Page 279

Min-U-Script® Coash & Coash, Inc. (4) Pages 276 - 279

Page 281 Page 283

1 A. Yes. 1 ALJ EIGENHEER: Would you please state your

Min-U-Script® Coash & Coash, Inc. (5) Pages 280 - 283

Page 285 Page 287

Min-U-Script® Coash & Coash, Inc. (6) Pages 284 - 287

Page 289 Page 291

Min-U-Script® Coash & Coash, Inc. (7) Pages 288 - 291

1 Q. In 13 in the blue book in front of you, Tab 13, 1 Q. Okay.

Page 293 Page 295

1 know him that well. I don't know how he is going to 1 A. Correct.

Min-U-Script® Coash & Coash, Inc. (8) Pages 292 - 295

1 going to report it to her agency? 1 enforcement, correct?

Page 297 Page 299

1 A. Yes, ma'am. 1 portraying to you that her fear of being perceived as

Min-U-Script® Coash & Coash, Inc. (9) Pages 296 - 299

Page 301 Page 303

Min-U-Script® Coash & Coash, Inc. (10) Pages 300 - 303

Page 305 Page 307

1 Q. Yes. 1 Chief Rogers?

Min-U-Script® Coash & Coash, Inc. (11) Pages 304 - 307

Page 309 Page 311

Min-U-Script® Coash & Coash, Inc. (12) Pages 308 - 311

Page 313 Page 315

1 just to make some type of formal notification that an 1 A. Keila Mincey.

Min-U-Script® Coash & Coash, Inc. (13) Pages 312 - 315

Page 317 Page 319

1 A. Acting Sergeant Joe Pinuelas. 1 involved, so she was an independent witness. So we

Min-U-Script® Coash & Coash, Inc. (14) Pages 316 - 319

1 Q. Exhibit 6. 1 statements, or omitted information in reference to the

Page 321 Page 323

Min-U-Script® Coash & Coash, Inc. (15) Pages 320 - 323

1 A. November 25th, 2013. 1 maybe a lack of understanding or an interpretation on

Page 325 Page 327

Min-U-Script® Coash & Coash, Inc. (16) Pages 324 - 327

Page 329 Page 331

Min-U-Script® Coash & Coash, Inc. (17) Pages 328 - 331

1 Beard. 1 worksheet Celaya is listed as the victim and Beard as

Page 333 Page 335

Min-U-Script® Coash & Coash, Inc. (18) Pages 332 - 335

Page 337 Page 339

Min-U-Script® Coash & Coash, Inc. (19) Pages 336 - 339

Page 341 Page 343

Min-U-Script® Coash & Coash, Inc. (20) Pages 340 - 343

1 family, or person, or with knowledge of doing so, such 1 A. Yes, I have.

Page 345 Page 347