The Depositions of Chris Davis, Ronnie Toungette and Jake Lockert.

1 2 3
IN
THE CIRCUIT COURT FOR HUMPHREYS COUNTY, TENNESSEE

AT WAVERLY
CHRIS5
DAVIS,
Plaintiff,
)
)
) No. 10134
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7 8
VS JAKE
LOCKERT,
Defendant.
)
)
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VIDEOTAPED DEPOSITION OF
CHRIS DAVIS
taken on behalf of the Defendant
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17
August 17, 2012
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BAIN, CLEETON, EVANS, HARKINS & RICHARDSON
An Association of Court Reporters

Suite 201 212 Third Avenue North
24 25
Nashville, Tennessee 37201 (615) 255-6425
Reported by:
Roxann Harkins, RPR, CRR, LCR
Reporter:
Roxann Harkins, RPR,
CRR,
LCR
APPEARANCES
2
3 4
For the Plaintiff:
PHILLIP L.
DAVIDSON
Attorney at Law
2400 Crestmoor Road
Suite 107
Nashville, Tennessee 37215
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7
For the Defendant
JONATHAN L. GRIFFITH, ESQ.

Griffith & Roberts 213 Fifth Avenue North
Suite 300
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11 12 13 14 15
Videographer:
Erik Parks VCE, Inc. 2604 Foster Avenue
Nashville, Tennessee 37210 Also present:
Jake Lockert
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INDEX
Examination by Mr. Griffith Examination by Mr. Davidson
4 101
EXHIBITS
No. 1....Supplemental narrative report
66
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Reporter:
CRR,
LCR
2
3
4
STIPULATIONS
5 6
The Videotaped Deposition of CHRIS DAVIS was taken by counsel for the Defendant at the Law Office
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of Charles N. Griffith, 415 West Main Street, Waverly,

Tennessee, at 10:03 a.m. on August 17, 2012, for all purposes under the Tennessee Rules of Civil Procedure.
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All formalities as to notice, caption,

et cetera, are waived. All objections, except as to the
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form of the question, are reserved to the hearing.
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It is agreed that Roxann Harkins, being a

Notary Public and Licensed Court Reporter in and for the
State of Tennessee, may swear the witness, and that the
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reading and signing of the completed deposition by the

witness are waived.
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Reporter:
CRR,
LCR
1
2
THE VIDEOGRAPHER:
We're on the record at
3
4 5
10:03 a.m., and this is the videotape deposition of
Chris Davis on August 17, 2012.

introduce themselves.
Will counsel please
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7
MR. GRIFFITH:
the defendant, Jake Lockert. MR. DAVIDSON:
plaintiff, Chris Davis.
This is John Griffith for
8 9 10 11 12 13
14
Phil Davidson for the
THE VIDEOGRAPHER:
And will the court
reporter please swear in the witness.

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

testified as follows:
EXAMINATION BY MR. GRIFFITH:
15
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17
Q.
Good morning, sir.
Would you please state
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your name for the record, please, sir?

A. Chris Davis.
Q.
sir?
And what's your current address, please,
22 23 24
/Jp^N
A.
37101.
81 Florence Street, McEwen, Tennessee
Q.
And tell us everybody who lives there with
25
you at that address.
Reporter:
A.
Me, my wife, my children.
2 3 4
5
Q. Okay. And I just want to get a little bit of background about you and this regarding yourself. You grew up in McEwen, is that right, or Waverly?
A. Waverly.
6
7
Q.
A.
You graduated high school what year?

'86.
8
9
Q.
Okay.
And after you graduated, tell us
about your educational background after that.
10
11
A.
Went to Murray State for approximately a
year and a half, went to Middle Tennessee State
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University for about approximately a year and a half. Q.

MTSU?
Did you get degrees at Murray State or
15
A.
No, sir.
16
17
Q.
All right.
And then any other college
education after MTSU?
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19
A.
Yes.
Went part-time to Austin Peay State

just part-time classes.
University on some
20
21
Q.
Austin Peay?
Okay.
Did you get any type of degree from
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23
A.
Q.
No.
About 30 hours short of my bachelor's.

And when's the last what's
All right.
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25
the last year that you attended college?

A. Ooh. I don't know, Mr. Griffith.
Reporter:
CRR,
LCR
1 2
Q.
Okay.
A.
I look.
I'd have to I'd have to go back and
3
4
5
Q.
Okay.
Let's talk about your work history

Can you share that with us? Before
I' m
after high school.
6
7
I ask you that, I'm sorry, have you told us all of the
college education that you've had in your lifetime?
but just college.
8 9 10
11
not talking about work-related type of training classes,

A. Pretty close to that. If there's something
else, I can't think of it.
I did attend, I think, an
12 13
English class or something across the summer, one summer

through the high school down here.
Q.
A.
14
15 16
17
Okay.
I don't know what school that would have
been through.
remember that.
Maybe Martin.
I don't know
I don't
18 19 20
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Q.
All right.
Tell me about your work
history, please, sir, after

please, sir.
after high school,
A.
Q.
A.
My work history after high school?

Yes, sir.
I
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23
I started with the sheriff's office
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started with Walmart after high school.
Went to work
25
with Walmart here in Waverly for a little while.
Reporter:
CRR,
LCR
Started
started there.
After a short time there, I
2
3
went to work with the sheriff's office as a dispatcher,

jailer, part-time while I was in school.
4
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Q.
A.
Do you remember what year that was?

I don't recall.
6 7
8
Q. A.
Q.
Was it shortly after high school? Yeah.

Okay.
Probably within a year.
A.
Went back to college, worked at Walmart in
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Murfreesboro.
Worked at Wix Lumber Company in
11 12
jflfPS
Murfreesboro. with
Come back to Humphreys County.
Worked
let's see, got married in '89.
I'm trying to
13
keep my timeline.
Started with the City of Dickson
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sorry, Dickson County in '89.

Dickson in '90.
Started with the City of
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Q.
Okay.
What
what was your position in

or Dickson?
1989 with Dickson County

A. Jailer.
Corrections.
19
20 in '90?
Q.
All right.
And then what was your position
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A.
City
when I went to the City of Dickson,
that's when I become a patrolman.
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Q.
All right.
Patrol.
All right.
When you prior
worked with the sheriff's office at
did you
to 1990, did you work with the sheriff's office in
Reporter:
1
2
Humphreys County?
A. Yes.
3
4
Q.
that time?
Who was the sheriff that you worked for at
A.
Ronnie Toungette.
Q.
Okay.
All right.
How many years before
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you worked for the City of Dickson did you work for
Ronnie Toungette? A. On and off, maybe two.
10
Q.
Okay.
All right.
Since 1990, can you tell
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us where you've worked, sir?

A. Worked with the City of Dickson till 1998.
Worked with the State of Tennessee from '98 to '99.
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Worked Dickson County '99 till elected in '06.
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Q.
Okay.
From 1999 to 2006 you worked for
Dickson County; is that accurate?
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A.
'99, 2000, somewhere right in that area is
when I was hired by...

Q. A. Dickson County? Yes, sir.
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Q.
A.
Were you a patrolman?

No, narcotics.
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Q.
Okay.
All right.
2006 through
when's
your term end, sir?
25
A.
Ended in 2010, when I was elected from '06.
Reporter:
Current term ends in '14.
2
3
Q.
A.
Okay.
Do you plan on running for
reelection, if you know?
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5
Don't know yet.
Q.
Okay.
All right.
You said you were
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married in 1989 to whom, please, sir?
A.
Q.
A.
Daphne, D-a-p-h-n-e, L. Davis.
Well, Peak.
Have you been married to Daphne ever since?

Yes.
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Q.
time?
A.
Have y'all ever been separated during that
Yes.
Q.
separated?
Can you tell when you say you've been
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MR. DAVIDSON:
Go ahead.
Let me object to the form.
THE WITNESS:
You're gonna make me
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I can't tell you dates on that.

BY MR. GRIFFITH:
Q.
Years?
A.
Q.
Somewhere around '93, maybe.

Okay. Any other times since '93?
MR. DAVIDSON:
BY MR. GRIFFITH:
Again, object to the form.
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Q.
He can object, you can answer.
Reporter:
CRR,
LCR
A.
Not
that
remember.
Q.
A.
Okay.
Yes.
All right.
You have children?
3
4
Q.
A.
How many,
Three.
sir?
6 7 8
Q.
What are their names and ages currently,
please , sir?
A.
David, 22; Daniel,

Eran's 15?
16; Eran,
15.
E-r-a-n.
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Q.
A.
Correct.
Q.
A.
Where do they reside currently?

David's in
Where?
a student.
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15
Q.
A.
College, Tusculum, Greenville.

Okay.
Daniel, Eran, home.
Q.
A.
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17
Q.
A.
Where do they go to school?

Daniel, Innsworth; Eran, McEwen.
18 19 20
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Q.
A.
Is Innsworth in Nashville?
It is.
Q.
A.
How does Daniel get to school every day?

He drives.
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Q.
A.
Is that a private school?

It is.
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Q.
Is it an expensive private school?
Reporter:
1
2
A.
It is.
Q.
A.
Do you know the tuition per year?

I do not.
3
4
Q.
Do you not pay it?
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A.
No.
We get scholarship.
Q.
or athletics?
Okay.
Is it a scholarship based on grades
8
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A.
Q.
We just apply for it and get a scholarship.

Okay.
A.
call it.
Academic funding, or whatever you want to
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Q.
All right.
You have filed this lawsuit
against Jake Lockert for defamation to your character.

You understand that; correct?
A.
I'm assuming that.
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Q.
Well, you filed it, so is it
what's your
understanding of why you filed this lawsuit?

A. Because he lied.
Q.
Okay.
All right.
Do you understand that
when you claim that there's a damage to your reputation and character that you put your character and reputation
at issue? You understand that?
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A.
Okay.
24
Q.
Are you okay with me asking questions about
25
your personal reputation and character from your
Reporter:
perspective?
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7
A.
Q.
My personal life or my professional life?

Well, your reputation
MR. DAVIDSON:
Let me enter an objection.
You've mischaracterized what his complaint says.

MR. GRIFFITH: Okay. Well
MR. DAVIDSON:
He stands whatever by
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whatever the complaint says.
The complaint says that

It doesn't talk
damage to his professional reputation.
about his personal reputation or anything like that.

BY MR. GRIFFITH:
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Q.
Okay.
Do you claim that Jake Lockert has
damaged your personal reputation?

A.
Q.
A.
Absolutely.
You do?
Yeah.
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17
Q.
correct?
Okay.
And your professional reputation;
18 19 20 21 22
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A.
Q.
A.
Did you say personal or professional?

I said personal.
Professional.
Q.
A.
Your professional reputation?

Absolutely.
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Q.
Okay.
Can you tell us all of the ways that
25
Jake Lockert has damaged your personal reputation?
Reporter:
CRR, LCR
1
2
A.
His lies.
Q.
A.
I mean, your professional reputation?

His lies. His constant lies.
3
4
Q.
Okay.
Let's start with the first lie, the
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big lie, that you would if you had to rank them in

order of importance, let's start with the first one.
A. Probably what the complaint was filed on.
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9 10
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Q.
And what's your understanding of what the
complaint was filed on? A. Complaint was filed on that he
misrepresented the fact that I was on the scene of the
12
JPN
Darrin Ring incident that night, and I was, in fact,

not. During the altercation of the deputies.
Q. Okay. All right. And we'll talk about
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that.
What else do you allege, if anything else, that
Jake Lockert has done to damage your professional reputation, in addition to your allegations that he lied
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about your whereabouts at the time of the Darrin Ring

beating?
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A.
Say that question again, Mr. Griffith.
Q.
I hear what you say as far as your
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allegations of what Mr. Ring
I'm sorry, of what Jake

Are there any
Lockert alleged you did at the scene.
24
other allegations that you're making that have damaged

your professional reputation in addition to your saying
25
Reporter:

13
1 2
that he lied about you being at the scene?

anything else?
Is there
3
4
A.
Well, he's put he's put everything in a
false light.
regards to me.
situation.
I mean, he's he's he's portrayed

He said things and put things out there
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7
everything in this situation as as a false light in

before he got the whole facts of any of any of the
Q. Okay. Well, everything in a false light is
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9
10
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a pretty broad category, and I want to break that down a
little bit.
I'm trying to number, make a list of
everything that you claim that he's done to damage your

professional reputation. I've got, No. 1, that he said
you were at the scene of the Darrin Ring beating and you
say that you were not? A. Right.
16 17 18 19 20 21 22
23 24
Q.
What's the second thing that he's done
that's damaged your reputation or portrayed you in a

false light?
A.
Every time that the
something was done
about the Ring case, he promoted
he promoted me in a
in the cell and
bad light, saying that I was in the
took some inappropriate actions in the cell, which I did

not.
25
Q.
Okay.
Reporter:

14
1
2
A.
with that.
Best I remember, he was on Channel 4 News
3
4
Q.
Okay.
All right.
So the second thing I've
got is that Jake Lockert said you were in a cell with
5 6
7
Darrin Ring and took inappropriate actions, using your

words, in a cell; is that correct?
A. That's what he said.
Q.
Okay.
Tell us the third thing, if there is
9 10
11
one, that you damage he you claim that he damaged

your professional reputation. If there is.
A.
He put it out there that and this may
12
13
have already been I may have already said this,

reported that I was on the scene and took no action to
stop the altercation.
14 15
16
Q.
Okay.
A.
He took a
just the disregard for the
17 18 19
truth in that matter.
Q.
Okay.
Okay.
I think that we covered that
in the first one.
I think that's
allegations of not
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21
being at the scene
or allegations you being at the
scene when you claim you're not?

A. Uh-huh (affirmative).
22
23
Q.
No. 2 is in the cell and took inappropriate

Is there
24
actions when Darrin Ring was in the cell.
25
anything else in which you're claiming in your lawsuit
Reporter:
CRR,
LCR
15
1 2
that Jake Lockert said or did that damages your

professional reputation?
3 4
5
A.
That's pretty much the sum of this sum
of this complaint.
I think that's it in a whole.
6
7
Q. Okay. And I appreciate you looking at the complaint and refreshing your memory with that, but I
want to ask you outside of the complaint, is there
8 9
10
anything that you may come up with next week that's not
in the complaint that's already transpired that you want

to add to your complaint about Jake Lockert's alleged
defaming your professional reputation?
A. I'm going to reserve comment on that for me
11
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and my attorney.
Q. Okay. So you don't want to
MR. DAVIDSON:
16
17
Go ahead.
BY MR.
I'm objecting to the form of the question.
GRIFFITH:
18 19
20
21
Q.
Okay.
Well, I'm just saying, this is the
only time I have to talk to you before our trial in this
case, Sheriff Davis, and I want to know, can you tell me

and the jury and that camera right there, what other
22
23 24
allegations you're making, if any, about Jake Lockert

against your professional reputation?
A. When I have time to review more of the
25
materials that's been put out there, I'll feel
Reporter:
CRR,
LCR
16
comfortable answering it then.
2 3
4
Q.
Okay.
Today's date is August 17, 2012.
You filed this in April 4 of 2012, about allegations
that occurred on March 7, I think.

today?
Is there anything
5 6 7 8
9
that's prohibited you from thinking about it before
MR. DAVIDSON:
Counsel's
MR. GRIFFITH:
You can object to the form.
10
11
I appreciate you not doing speaking objections.

are unethical.
respect that.
BY MR. GRIFFITH:
Those
You can object to the form, and I
12
j^5^\
13
14
15
Q.
So I want to ask you to answer the
question.
Is there anything that's prohibited you from
16
17
thinking about that with your attorney's objection

noted?
18 19 20
21
MR.
DAVIDSON:
Wait a minute.
I'm
objecting to the form because, as you well know, that
question is sort of misleading because we showed up once

before for depositions in this case and nobody was here
and there were notice of depositions filed.
MR. GRIFFITH: Yes, sir, that is correct.
22
23 24
MR. DAVIDSON:
Now, we never did anything
25
in that.
So if you're asking him
the question you're
Reporter:
CRR,
LCR
17
asking, did he ever have a chance to think about these
2 3 4 5 6
7
things before, we were here to do that once before, and

nobody showed up.
MR. GRIFFITH: Yeah.
MR. DAVIDSON:
So I'm objecting to the form
of the question in that respect.

you want to.
BY MR. GRIFFITH:
Go ahead and answer if
9
10
11
Q.
Okay.
A.
Say the question again.
Q.
So you've had extra time since we
you've
12 13
14
had extra time to think about this case since we were

set to be here before; correct?
A.
We have, but there's so much that's being
15 16 17
discussed every day about this case by Mr. Lockert and others that it takes time to review the material and get
caught up.
18 19 20 21 22
23
Q.
Okay.
So I take it that as you sit here
right now, there's nothing else that you can tell us, in
addition to those two things, that has affected your
professional relationship or your professional reputation that you know of as you sit here right now;
correct?
24
25
no.
A.
I can't think of anything at this moment,
Reporter:
/^*\
1
2
Q.
Okay.
All right.
A.
be reviewed.
But I'm still there's material still to
3
4
Q.
reviewed?
Okay.
What material is still to be
5 6
7
A.
I'd rather not disclose that.
Q.
to this case?
Okay.
Is there some material you have that
8
9
you haven't disclosed to us that you think is pertinent

A. Not that I know of right now.
10 11
12
Q.
Okay.
Is there any reason that you've
chosen to not disclose that with us?
13 14 15 16
17
A.
I reserve that right for my attorney and I.
Q.
Okay.
All right.
Is there a time that you

how
think you'll have a chance to discuss this like

much time would you need?
A.
If that material exists or comes up and it,
18
19
in fact, proves to be pertinent to the case, I

definitely don't mind notifying you of it.
Q. Okay. You said if the material exists. As
20 21 22
23
you say that, you haven't reviewed the material, you

don't even know if it exists?
A.
Q.
I haven't reviewed all the material yet.

Okay. Is there a box of material somewhere
24
25
that you are waiting to review?
Reporter:

19
Jpp*\
A.
yeah.
I've got to get my hands on some of it,
2 3
4
Q. A.
Where is it right now? It's printed.
Do you know? I
Or trying to be printed.
try to keep up with it.
6
7
Q.
Who's trying to print it?

Who's
You said it's
trying to be printed.
8
9
A.
Q.
A.
Yeah, I try to keep up with it every day.

Where is it coming from?
My family prints it.
10
11 12
Q.
from?
Okay.
Do you know where they print it
13
14 15
A.
I do not.
Q.
Okay.
Is it like Facebook or something, is
that what it is?

A. Yes.
16
17
Q.
Okay.
Is there anything specifically that
18
19 20
21
sticks out in your mind on Facebook?

A. Not right now.
Q.
Okay.
Sheriff, how many officers do you
have that work under you currently, sir?
22
23 24
/$P\
A.
part-time.
20.
Well, full-time.
Right at 20 and
Q.
And officers that work full-time, do they
25
normally work eight-hour days?
Reporter:
CRR,
LCR
20
A.
Correct.
2
3
4
Q.
A.
Okay. And they're paid obviously through

Correct.
the County; correct?
5
6
7
8
9
Q.
A.
Q.
A.
And when they're working for you, do they

I would make the assumption, yes.
Well, I mean, you're
Yeah, they do.
have to log in like their time and things like that?
1
11 know.
QA. Q.
A.
You're the boss.

They do. Okay.
They do.
I'm just seeing if you
12 13
14
15
Q.
And do they work full eight-hour days, do
16
17
they work seven-hour days or seven-and-a-half-hour days

or do you know?
18
19
A.
Eight-hour
eight-hour shifts is what
they usually work.
20
21
22
Q.
Okay.
All right and they look do you
call it comp time, is that what you guys call it?

A. Comp time?
23
24
Q.
A.
What is comp time?

Yeah, what about it?
Does that ring a bell?
25
Q.
What does comp stand for, compensation?
Reporter:
CRR,
LCR
21
I
1
A.
It's time that they've worked overtime that
they will be compensated for.
3
4 5
Q.
Okay.
All right.
Do you ever have your
employees or have you ever had an employee log in

extra time that they didn't work during the course of
6
7
your professional conduct as sheriff of Humphreys

County?
8 9 10
11
A.
Q.
Log in comp time that they've not worked?

Yeah. Knowing they worked seven and a half
hours, but you have them log in eight, has that ever
happened?
12
MR. DAVIDSON:
Let me object to the form of
13
14 15
16
17
this question, also on the grounds of relevance in this

case.
MR. GRIFFITH:
We're talking about his
professional reputation, Counselor, and these are things

that may affect his professional reputation.
THE WITNESS: I don't I don't have a
18 19
20
clue what you're talking about, Mr. Griffith.

BY MR. GRIFFITH:
21 22
23
Q.
Okay.
So your testimony is you've never
asked anybody to log in extra time over and above the
time they've actually worked; is that correct?

A. Over and above the time that they've
24
25
actually worked?
Reporter:
CRR,
LCR
22
Q.
Yes,
sir.
A.
I wouldn't have a clue what you was talking
3
4
about, Mr. Griffith.
Q.
Okay.
That's fine.
When you ran for
5
6
7
office in 2006, did you did you have anybody assist

you in running your campaign?
A. Yeah.
Q.
like that?
A.
Did you have officers, treasurers, things
9
10 11
Yeah.
Q.
A.
Who was your treasurers?

For a short time, it was Lem Palk.
12
13
14
Q.
A.
Did Lem Palk contribute to your campaign?

He did some.
15
Q.
Did Scotty Palk contribute to your
16
17
campaign?
A.
Not that I
ever remember.
18 19 20
21 22
23
Q.
A.
Has Scotty Palk ever paid you money

No.
Q.
A.
No.
for any other reasons?
Q.
Would you agree that you have the duty to
uphold the law and administer the law equally to all
24
25
citizens, regardless of race, creed, color, origin,

things like that?
Reporter:

23
A.
I would.
2
3
Q.
Would you agree that you have the duty to
administer and uphold justice and administer the law
4
5
6
equally to all persons regardless of whether they worked

for your campaign?
A. Correct.
7
8
Q.
A.
You would agree with that?

Correct.
Q.
Okay.
Has anybody that's ever worked for
10
11
12
your campaign been the subject of an investigation by

the Humphreys County Sheriff's Department?
A. Lemuel Palk.
13
Q.
Mr. Lem Palk?
14
15
A.
Q.
Uh-huh (affirmative).
And tell us the circumstances when Mr. Lem
16 17
Palk was investigated. investigation?
Or was the subject of
18 19
20
21
A.
I know that he was investigated by the drug And I think they
guys that we had at one time.
eventually made an arrest on it.

Q. Would you agree that as Humphreys County
22
23
Sheriff, you have the responsibility to investigate all

allegations of theft or fraud equally, regardless or
24
as aggressively as each other person alleged to
let
25
me ask that again, it's a terrible question.
Reporter:
Would you agree that as sheriff of
2 3
4
Humphreys County that you have the responsibility to

investigate all causes all allegations of fraud and
theft without interruption from the sheriff's office?
A. Say that again.
MR. DAVIDSON:
ahead.
5
6
Object to the form.
Go
8
9
THE WITNESS:
Say that again.
I'm not
following you on that, John.

BY MR. GRIFFITH:
10
11 12
Q.
Okay.
A.
Mr. Griffith, I'm sorry.
13 14 15 16
17
Q.
You can call me
I don't care.
Sheriff,
would you agree that you have the responsibility to

investigate all allegations of theft that come to the
department's attention?
A. Yes.
18 19 20 21 22
23
Q.
Okay.
Would you agree that it would be
improper for the sheriff's department to impede an
investigation or delay an investigation intentionally

without cause?
A.
Impede or
Q.
Would you agree that it would be improper
24
25
for your office to obstruct the investigation into theft

or allegation theft of property?
Reporter:

25
jggPN
A.
Yeah, I guess.
2
3 4
Q.
Okay.
Were you ever was it ever brought
to your attention by any member of your staff that there
were allegations that Lem Palk had stolen items upon his
property?
A. Yes.
5 6 7
Q.
Okay.
And did you do anything
who
8
9
brought that to your attention?

A. I don't I don't remember that.
10
11 12 13 14 15 16
17
Q.
Okay.
Do you remember any circumstances
surrounding that investigation?

A. I remember there was some information about
a stolen trailer, and we actually
Ronnie Toungette
and I actually went out and looked at that trailer and
made a recovery
Q.
A.
Okay.
of that trailer.
18 19 20
21
Q.
All right.
Was there any delay in the
investigation or
A.
Q.
A.
to your knowledge?
Was there a delay?

Yes, sir.
I don't I don't have a clue.
22
23
I can't
I mean,
that's
I don't know why
I don't know what
24
you're asking.
Was there a delay?
We had the
25
information.
I got with Ronnie Toungette who was the
Reporter:

26
1 2
detective at that time, and we went out there.
Q.
you call it?
A.
What is Ronnie Toungette's title?
What do
3
4
Now he's a court officer.
5
6
7
Q.
All right.
What was it at the time of this
Lem Palk investigation?

A. Detective.
8 9 10
11
Q.
Okay.
Did Ronnie Toungette as detective
into this Lem Palk investigation, did he urge you to get

some type of warrant to search the property?
A. I don't you're talking something that
I don't have a clue.
12 13
14
was, what, five years ago?
Q.
A.
I don't know.
I mean,
I don't know how long ago.

that would have been
that's
15
16
17
their decision to have done that, whoever was

investigating the case. I'm not I don't I
personally don't tell guys to go get warrants or apply

for warrants or whatever. I mean, I figure that if a
18 19 20 21
22
23
warrant needed to be done, he would have the knowledge

on how to do it.
Q.
Okay.
So you leave it to the detective as
far as how to handle the investigation?

any role in that; is that accurate?
You don't take
24
A.
I mean,
I'm
I stay involved in CID
î*s
25
cases, as far as trying to get the direction and stuff
Reporter:
CRR,
LCR
27
going on some of the cases now, but I never

ever remember doing that with
pretty much knows what to do.
I don't
with Ronnie because he
3
4
Q.
Okay.
Do you ever ask an investigator to
5
6 7
halt or stop their investigation and you take over an

investigation? Do you ever do that?
Object object to the
MR. DAVIDSON:
form. THE WITNESS:
8
9
I don't
I don't know that
10
11
I've ever done that, no,

BY MR. GRIFFITH:
I don't
12 13
14
Q.
Okay.
A.
Q.
I don't remember ever doing that.

Okay. All right. Have you ever been
15
16 17
involved in the arrest of Scotty Palk?

A. What have I ever been involved in an
arrest of Scotty Palk?

Q.
A.
18
19
Yes.
I know that there was a search on a car
20
21
I know there was an incident in Dickson, but I don't

remember if that was him that was arrested on that. I
22
23
remember Russell stopping him and arresting him in

Dickson. I remember him being in rehab and trying to
24
getting him to turn hisself in the next day.
As far as
25
an actual physical arrest, I don't
it's too much time
Reporter:

28
1 2 3
4
under the
Q.
I don't remember.
Okay.
A.
I don't remember a physical arrest of him.
Q.
All right.
Did you back to this Lem
5 6 7 8
Palk incident, did you ever ask Ronnie Toungette or tell
Ronnie Toungette to not making a call or making a
report on stolen property, to the best of your

knowledge?
9 10
11
A.
it?
Did I ever tell him not to make a report on
Q.
A.
Yes.
Or to delay?
12 13 14 15 16
I don't...
Q.
A.
Q.
If you don't
I don't
Okay.
if you remember.
I don't remember that.
A.
I don't know what it would be referring to.
17
18 19
20 21
I remember that there was a call made to we actually
tried to, I think, Randy Robinson or something maybe

come down and looked at that trailer or one of the State
guys.
We even backtracked, I thought, through Lowe's or
somewhere to try to make to try to confirm where it

was stolen from.
22
23
Q.
Okay.
All right.
And I'm sorry if I've
24
25
already asked this.
Have outside of your campaign,
has Lem Palk or Scotty Palk paid you money for any
Reporter:
29
reason?
Bought anything, or borrowed loaned you
2 3
4 5
money or anything like that?

A. Ever loaned me money. Scotty's never
bought me anything that I remember or I don't the
only thing that I can remember excuse me.
The only
6
7
thing that I can ever remember from Lem was a cookout

that we had at the Elks Lodge as a fundraiser in '06.
And we had some shoulders and he had a list
8
9
of six or six or 10 people.
I mean, they had a list
10 11
12
of people that wanted shoulders for the for the campaign ~ I mean, for the for the from the
barbecue.
13 14
15
Q.
Okay.
A.
We was out at the Mason Lodge out at Cotton
Valley one night and they was having a little auction,

and he had bought some baked goods, like some cookies
and stuff.
16 17
18 19
Q.
Okay.
A.
And turned right around and told me to give I don't...
20
21
them to some kids and stuff that was there.
Q.
Okay.
All right.
Those are the only times
22
23
that you ever remember having any monetary interaction

with Lem or Scotty Palk; correct?
A. That's correct.
24 25
Q.
Okay.
All right.
Who's Bill Del Principe?
Reporter:
30
/fP^N
Bill Del Prince

A.
do you know him?
Bill Del Pincipe (sic)?
3
4 5
Q.
Principal
A.
Is that a name that you recognize? Del (sic) or do you recognize that name?
6
7
stopped or
Q.
Pincipe. I do recognize that name. He was something in Dickson County not long ago. Okay. Let me ask you this. Are you
to drive do you have any restrictions on
I use my car.
Do you have
8 9
authorized
when you can use County vehicles?

A.
10
11 12
Q.
A.
I'm on call 24/7.

Okay.
I mean, I use my
13
14 15
16
17
Q.
Are you are you is it ethical
for you to use your vehicle for personal errands?

A.
I'm on call 24/7.
Q.
Okay.
All right.
All right.
Have you
ever been involved in using your car in attending poker

games before?
A.
18
19 20 21 22
23 24
Poker games?
Q.
Yeah.
I'm just asking the question.
don't know.
A.
A poker game?
Yeah.
Q.
A.
I don't
25
Q.
If you don't, you don't.
I mean, I'm not
Reporter:

31
/f^V
1
2
saying you have, I just want - asking the question.

A. Poker game? I don't... I would... I can't I can't think of anything on that.
3
4
Q.
So to the best of your memory, you haven't
used a government vehicle to play in any poker games or to go to somewhere to play poker?
6
7
A.
don't...
Not that I know of, Mr. Griffith.
I
I
8 9
Q.
your answer?
Okay. All right. Were you finished with
10
11 12 13 14
A. I'm not you've got my I just I don't even remember playing poker, but... Q. Okay. That's I'm just asking the
question. Have you ever bought motors at Fort Campbell,

boat motors before?
15
16
A.
Q.
A.
Q.
Have I ever bought motors?

At Fort Campbell before?
Bought motors.
Any boat motors?
17 18
19
20
21
A.
I have never bought a motor at
Fort Campbell.
22
23
24
Q.
A.
Okay.
Yes.
Have you ever had any interaction
with a boat motor
25
Q.
Tell me the circumstances.
Reporter:

32
A.
We got boat motors through DRMO.

What does DRMO stand for?
2 3 4
5
Q.
A.
Department of - I don't know what DRMO
6
7
stands for, but it's military surplus equipment that is used - allow public agencies, government agencies are allowed to get it. I guess it would be law enforcement
are allowed to get it for use.
Q.
motors?
A.
Okay. On behalf of Humphreys County, did
9 10 11
12
J^\
Humphreys County Sheriff Department purchase any boat

Did we purchase them? No.
Q.
A.
What did you what did you do with them?

We got them.
Given to us.
13
They're they're
14
Q.
A.
Oh, they were given to you?
15
16
17
Oh, okay. And are you supposed to use those for County purposes?
Q.
18
19 20 21 22
23
24
A.
that.
We can use those for County purposes and

Okay. Can you use them for personal
Q.
purposes?
A.
A personal purpose?
Q.
Yeah.
I mean, can you, like, give it away
to somebody or sell it or do anything with it?

A.
I
25
I know that we've given some to the rescue
Reporter:

33
squad.
Q.
Okay.
3
4
A. I've given one to Bobby Arnold who is on call, and it's not to be used for personal use.
Q. Who's Bobby Arnold?
5
6
A.
He is the assistant chief of
New Johnsonville Police Department, Jeff Arnold's
8
9
father. And he signed a - he's on call for any

river he knows the river, and he's on call for us. And signed a form stating that that motor he knows
that that motor is not to be used for personal. Q. How much is the boat motor what type of
boat motor is it?
A.
10
11 12
13 14
15 16 17 18
Do you know?
It's an OMC, I don't...
Q.
A.
Is it like an outboard-type motor?

Yeah.
Q.
A.
Q.
How many of these motors were you was

I'd have to go back and look, Mr. Griffith.
Is it more than five?
the sheriff department able to obtain from DRMO?
19
20
21
A.
15.
Oh, yeah.
I think it was somewhere around
22
23
Q.
Bobby Arnold, you said, is the father of
24
25
the assistant chief of New Johnsonville; is that

correct?
Reporter:

34
2
3
4
A. QA.
Uh-huh (affirmative), that's correct. Is he a paid law enforcement officer?

No.
Q.
He's on call for what purpose?
5
6 7
A.
To help and aid and assist in river rescues
8
9 10 11 12 13
14
because he knows the river and water extremely well. Q. Okay. How many times in the last two years have you called Bobby Arnold to be on call or have you
utilized his on-call status?
A.
Q.
Haven't.
Okay.
Haven't had the opportunity to.
Well
A.
Pretty much turned that over to pretty
much have turned that over to the to the fire

department now.
15
16
17
Q.
Okay.
How did you make the deal to give it

How did that
to Bobby Arnold?
MR. DAVIDSON:
question.
BY MR. GRIFFITH:
Object to the form of the
18 19 20 21 22
23 24
Q.
How did that transpire where and you get
this motor on behalf of Humphreys County and it's

transferred to Bobby Arnold?
A. Well, we we have we at the time I
guess we got them, we was doing a lot of river rescues.
25
We've done probably recoveries and rescues, we've
Reporter:

35
1 2 3 4 5
probably done close uê to to
t'h say =,, 10, m id pretty quick there
at one time. And I knew Bobby, Bobby knew the water. I didn't know if he was attached to ~ I don't remember him being attached to Benton County Rescue Squad. And
sometime during that time period.
6
7
Q.
A.
is.
Did you say he is part of the rescue squad?

I don't I don't think he is. I don't
8
9
know if he was at the time or he is. I don't think he

Q.
squad?
10
11 12 13
14
Did you give any motors to the rescue

Here local?
Yes.
Yes.
A.
Q.
A.
15
16
17
Q. Okay. All right. What other nongovernment entities, if any, in addition to Bobby Arnold were
motors transferred to?
persons.
Nongovernmental entities or
18 19 20
A.
As far as what?
Q.
As far as boat motors?
21
22
23
A.
I mean, as far as when you say
nongovernment, are you talking about rescue squads?
Q.
A.
Well, whatever you yeah, I'm talking

Us, Benton County, Kingston well,
24
rescue squads.
25
Reporter:

36
1 2
Kingston Springs is government entity. Benton County

Rescue Squad.
3
4
Q.
Dod-
Is there some type of, like, paperwork to
confirm this transfer of this boat motor to Bobby

Bobby Arnold?
A. There is.
5 6
7
Q.
A.
Q.
And that was what was the agreement

Just an agreement that he I mean, it's
Okay. And he's not supposed to use it ~
8 9 10
11
called that you said?
it's on file at the department.
12 13
14 15 16 17 18 19 20 21 22
23 24
he's supposed to use it only for governmental purposes?

A. Yeah, to assist us.
Q.
was?
Okay.
And do you know how long ago that
A.
I'd have to get the date on it.
Q.
A.
The year?
Do you know what year?
I don't remember.
Q.
purposes?
But, to the best of your knowledge, you've
never asked him to use the boat for governmental
A.
Hadn't had the
hadn't had the
opportunity in that sense that we've had to have it.
Q.
So, therefore, if he's keeping his end of
25
the bargain, the motor should still be pretty much
Reporter:

37
unused?
2 3
4
A.
Correct.
Q.
that?
Okay.
All right.
What do you do with
confiscated items, like four-wheelers and things like

What do you do with those?
A.
Q.
A.
Q.
6
7
Confiscated four-wheelers?
Yes, sir.
8 9 10
11 12 13 14
Put them back to use.

How?
A.
I mean, use within the department.
Q.
A.
Q. A.
All right.
Do you take them home with you?
There have been, yes.

Okay. I let the I let the detectives I let
15 16 17
the detectives, like Wesley Hagler, he's on

call. They have been utilized before.
he's on
Most of the time
by the detectives.
18
19
20
21
Q.
Okay.
So if you have confiscated items
such as four-wheelers, you'll allow your detectives to take them to their personal residence; correct? A. Yeah, if they're on call. I mean, we're on
22
23
call, we have to go to marijuana

drugs, we've used them for the woods.
we've used them for
to get dead bodies out of find people. We've
24
We've used them for
25
used them to
people on property.
Reporter:
CRR,
LCR
1
2
QThere are there any four-wheelers that you guys have as part of the Drug Task Force that are
kept at a public facility?
A. Drug Task Force?
3
4
5 6
7
Q.
Well, let me does the sheriff's
8 9 10 11
12
department own any four-wheelers that it's got at its ready use and disposal that are not kept at a personal residence, that are kept at a public facility?
A. Yes.
Q.
Where is that?
A.
Q.
A.
Q. A.
There's one I saw the Honda yesterday,

Okay. All right. So that's always kept at
just at the training center.
13 14 15
a public facility?
I'm not going to say always.

Okay. It's But primarily? they're they're made to where
16
17 18
19
they're readily accessible by the detectives or whomever

needs them when they need them.
20 21 22
23 24
Q.
Okay.
In the course of your being sheriff

that
since 2006, how many four-wheelers have been
have been confiscated through the Humphreys County

Sheriff's Department's efforts have been at your
personal residence, would you say?
25
A.
You mean, have I when you say at my
Reporter:

39
1
2
personal residence, have I brought them home?

Q. Yes.
3
4
A.
Q.
There's been two. I mean, we usually carry

Okay. And how many have gone to how
them two at a time on a trailer.
5 6
7
many four-wheelers that have been confiscated through the efforts of the Humphreys County Sheriff's Department
that have been taken to either officers' or
8 9 10
11 12
investigators' home, personal residence, would you

estimate?
A.
two.
I don't think that we've ever had more than
13 14 15
Q.
A.
Okay.
Two per two per investigator or

I don't think we've ever had
two total that circulate?
Two total.
16
17 18 19 20 21 22
23 24
but two total.
Q.
A.
Do you have some at your house now?

No.
Q.
A.
Where were the ones that were there before?

The ones that were there before?
Q.
A.
You said you had two that were at your

That's the two that I'm talking about
personal residence.
that's in the department.
I think Detective Hagler has
25
one now that he's utilizing for eradication.
Reporter:

40
/flP^v
Q.
Okay.
2
3
4
A.
center.
And the other one is at the training

Okay. Do you ever let your children ride
Q.
A.
5 6
7
those four-wheelers?
Yeah, my son's rode it before.
Q.
Okay.
Are there any ethical rules that
8
9
govern the private use personal use of confiscated

items such as four-wheelers?
10 11
12
A.
Q.
Are you saying is it unethical to let my

No, sir, that's not the question I asked.
son ride a four-wheeler?
13 14 15
But you can answer that question, if you want to.

A.
Mr. Griffith.
That's ask your question again,

The question was, are there any ethical
16 17
18 19 20
21
Q.
rules that govern the use of confiscated items such as
four-wheelers by public employees such as yourself, that

you're aware of?
A.
that.
I'm not aware of any said rule or law on
I mean...
22
23
Q.
As
go ahead.
A.
Are you asking if my children have rode my
24
four-wheeler, I answered that, yes, my children have

rode that four-wheeler that I have before.
I
25
Reporter:

41
j^fP^V
Q.
A.
You said you said my four-wheeler.

No, no, no. The department.
Is
2 3
4
it your four-wheeler
Q.
Okay. All right. All right.
So as far as
5 6 7 8 9 10 11 12
you know, it's fine for you to take confiscated items to

your personal residence and let your children ride them?
A. I've answered that question. I mean, I'm not going to say that have I done it have I taken them home and kept them for a long period of time? No. Have I kept them take them and kept them when we're
out doing something and overnight? Yes. Have I taken
them and worked on them and fixed them myself? Yes.
13
14
15 16
17
Q. I mean, if Jake Lockert wanted to pull up to the sheriff's department and use the four-wheeler, would he be able to take it home with him and just do
take it for a weekend somewhere?
A. No.
18 19
20
Q.
Okay.
But you can?
A.
I've not
I don't know that I've ever
really actually done that, but.

Q. Okay.
21
22
23
A.
Have I had them at my house?
Yes.
Yes.
Has
other detectives had them at their house?
24 25
Q.
Okay.
And you that's a practice that is
currently in effect today and you don't really plan on
Reporter:

42
changing that rule, because you don't think there's

anything wrong with it; correct?
2 3
4
MR. DAVIDSON:
BY MR. GRIFFITH:
Object to the form.
5
6 7
Q.
Is that correct, Sheriff?
A.
Say that again, please.
Q.
The practice of using private I'm sorry,
8
9
government confiscated vehicles for sheriff's officers'
private use is something that is still practiced to this

day; is that correct?
10
11
A.
Well, I mean, you've you've raised my
12 13 14
question to it. Am I going to ask my County attorney about it? Yeah. Do I need to put a policy in place on
it? Probably so.
15
16
17
Q.
But before I've asked this question, it's
never crossed your mind to ask Mr. John Lee Williams

about that, is there (sic)?
A. No.
18 19
20
21 22
23
Q.
Do you agree that all inmates should be
treated the same, Sheriff Davis?
A.
All inmates should be treated the same?
Q. Well, they shouldn't they shouldn't get special privileges or favors over another prisoner or
inmate outside of rules that are established for
prisoners; would you agree with that?
24
25
Reporter:
j
43
A.
Yes.
2 3
4
Okay. Have you ever let do the rules allow you to allow prisoners to go home on the weekends sometimes? Is that allowable if somebody's got a
Q.
5
6 7
continuous term?
A.
Prisoners to go home on the weekends?

Yeah. Detain prisoners.
Q.
A.
8 9 10 11 12
I'm not following I wouldn't
Q.
If somebody's got a prison term, for
example, six months or a year, are you allowed to let

them go home on the weekends?
A.
And they're serving a prison term?
13 14
15 16
17
Q.
Well, at the County jail, I should say.

I mean, there has been times when we've
jail term.
A.
taken an inmate to a funeral or something

Q.
A.
Okay.
Sure.
18
19
of that nature, but I don't
Q.
A.
Some unique circumstance like that?

Yeah.
20 21 22 23 24 25
Q.
Do you ever let detainees at the jail go

their children for any reason?
alone, nothing special? Detainees to go see their children?
Yes.
home to see
that reason
A.
Just for
Q.
Reporter:

44
^N
A.
I'm not aware that that's happened.
2
3
4 5
Q. Okay. Would you agree that it's improper to allow a detainee to go home just because they want to
see their children, just for that reason alone?
A. Again, I'm not aware of that ever
happening, Mr. Griffith.
6 7 8
9
Q. I understand, but my question is, would you agree that it's wrong to allow a detainee to go see
their family just because they asked you to do that as a
favor?
A.
10
11
12
Okay.
Yeah, I guess.
Q.
A.
You guess or Yeah, I mean I don't
13
14
Q.
You're the you're the sheriff.
I just
15
wonder if you know.
16
17
A.
I'm trying to think if there's a situation
or there's ever been an incident on that, and I'm not

familiar with that.
18
19
Q.
Okay.
20 21 22
23
24
A.
Q.
I don't
Well
there's got to be more to the...
MR. DAVIDSON:
Let me object.
Are you
asking about a furlough?
You're saying something like
let go home.
Do you mean a furlough or do you mean I
/#^>
25
mean, you mean him personally letting somebody go or
Reporter:

45
what?
BY MR. GRIFFITH:
3
4
Q.
What is a furlough? How would you describe
what a furlough is?
5 6
7
A. A furlough is something that's granted for the inmate, whether it's medical or other reasons, I
don't...
Q.
Okay.
9
10
A.
Qthat?
There's hundreds of different reasons, I

Okay. Who is Stephanie Overton? Who is
guess, for furloughs.
11
12
Do you recognize that name?
13
A.
I know Stephanie.
14
15
16
17
QA.
Q.
A.
How do you know Stephanie?

I know that she had been an inmate
Okay.
before.
18
19
Q.
Did you ever let her go home on the
weekends to see her children?
20
A.
Not that I'm aware of.
21
22
23
Q-
Okay.
All right.
All right.
Would you
degree that it would be improper for any employee of the

Humphreys County Sheriff's Department to have sexual
24
25
relations with a inmate or a detainee at the Humphreys

County jail facility?
Reporter:

46
#^-
A.
Absolutely.
3
4 5
Q. Okay. Do you know anybody in your department, including yourself, that has ever had sexual
relations with any inmate at the Humphreys County jail?

A. No.
6 7 8 9
Q.
A.
Okay.
Have you ever allowed inmates to use
your personal cell phone before?
Have I my personal cell phone?
10
11
12
Q. Well, any cell phone in your possession, either one that's personally paid by you or one that's
paid for for your use by the Humphreys County Sheriff's

Department.
13 14
15
A.
There's probably been an interview, when
we've done interviews or something to that nature that I

have.
16
17
Q.
Okay.
Can you tell us the circumstances
that when an inmate could use your personal cell

phone?
18 19 20 21
A.
I can't
I mean, I can't sit here and
tell you of a situation.
You know, there's has there
been a time that I've done an interview and he asked to

call home to check on or an inmate asked to call home
22
23 24
and check on somebody or somebody in the hospital, I

can't tell you that I haven't done that.
25
Q.
Okay.
Have you ever let Stephanie Overton
Reporter:

47
1
2
use your private cell phone or your personal cell phone

on your person?
3
4
A.
I don't.
I honestly don't remember ever doing that.

Okay.
Q.
6
7
A.
remember it.
I can't say that she has, but I don't
8
9 10
Q. Okay. All right. Sheriff, other than your compensation that you receive from the Humphreys County
Sheriff's Department, do you receive any other source of
compensation?
A. Income?
11
12
13
Q.
A.
Yes,
No.
sir.
14 15 16 17 18 19 20
21
Q.
Okay.
Chris Sheriff, I tell you, you
have put your character in issue and I don't like asking

these questions, any that I've asked, I'll just tell
you. I don't like them, but you're the one who's
claiming that your reputation has been defamed, so I
want to apologize to you for getting personal with you.

But I hope you understand that it's because of this
22
23 24 25
lawsuit that I'm sitting here today.

A. Well, I can't help it that he lied.
Q.
A.
Okay.
All right.
I just want to
He's the one that
Reporter:

48
/^\
Q.
between me and you
A.
Q.
He's the one that constantly lies, not me.

I just wanted you to have this
3 4 5 6
7
understanding. Okay. All right. Well, between me and you, I just wanted to have that understanding.
A. Sure.
Q. A.
All right. Thank you.
8 9
Q.
Okay.
And that's a preface for these next
10
11 12 13
14
questions because there's some allegations that you had an improper relationship not throwing stones here
A. I understand.
Q.
time.
with someone on some of the company

MR. DAVIDSON: Let me object to the form.
15 16
17
What do you mean, company time?

MR. GRIFFITH: Well, I think it's been
18
19
published, I saw it on the news, that Sheriff Davis
allegedly had a relationship outside of his marriage

with a woman, and there was some use of possible use
of County funds and during the time that he would
normally be on duty.
20
21 22
23 24
MR. DAVIDSON:
Wait a minute.
Again, I'm
going to object to the term normally on duty.

MR. GRIFFITH: Okay. Well, he said he's
25
Reporter:

49
always on duty.
MR. DAVIDSON: That's correct.
3 4 5
MR. GRIFFITH:
on duty.
Okay.
So, therefore, if
he's always on duty, these events happened while he was

MR. DAVIDSON:
when he's not working.
MR. GRIFFITH:
that's
6
7
Not necessarily, Counselor,
because he can make a decision when he is working and

Okay. Well, that's
8
9
10 11
MR. DAVIDSON: statement, it's misleading.

MR. GRIFFITH:
And when you make that
12
13
14
That's subject to
disagreement, so I'm going to ask him some questions
15
16 17
about that, but it's at in issue in this case through

your lawsuit.
BY MR. GRIFFITH:
18
19
Q.
So, Sheriff, I will ask you
again, I
don't want to ask these questions, but who is the lady

that you allegedly had an improper relationship with?
A.
Q.
20
21
Kimberly Sensing.
And
Kim Sensing.
22
23
24
A.
He knows.
He interacts with her.
Q.
Did
well, I'll tell you, he and I
25
well
it's not been a subject of discussion,
Reporter:

50
1
2
especially recently, but I will tell you this well,
let me just ask you.

is?
Did you ever see Kimberly Sensing
3
4
at the Humphreys County jail facility where your office
A.
Say that again.
6
7
Q.
A.
Has she ever been to your office?

Yes.
Q.
A.
Has she been inside your office?

Yes.
9
10
11
Q.
Okay.
What was the purpose of her coming
up to see you at your office?
12
13
14
A.
To pick up
there was some material that
she come and picked up.

books or what.
I don't remember if it was
15
16
Q.
What type of books was it related to?
What
was the substance of it?
17 18
19
A.
It was some educational
drug
educational-type books.
Q.
What is her
what is her job or what was
20 21 22
23
the necessity for her to pick up that type of material?

A. Don't have a clue.
Q.
office?
Okay.
How many times did she come to your
24 25
A.
Don't have a
clue.
Q.
More than once?
Reporter:

51
A.
Yeah.
Q.
Okay.
Did you ever have sexual
3
4 5
relationships with her at your office?
Under oath, I'd
ask you that question. A. I'm trying to remember. I don't I don't
6
7
remember, Mr. Griffith.
Q.
rule it in;
A.
Okay.
correct?
You can't rule it out, and you can't
9
10 11
12
I don't remember.
Q.
Okay.
If you did have sexual relationships
with her at your office, would you agree that you were
in the course of conduct of your role as sheriff at the
time that those events occurred?
13
14
15
MR. DAVIDSON:
form of the question.
I'm going to object to the
16
17 18
BY MR.
MR. GRIFFITH:
GRIFFITH:
You can object, that's fine.
Q.
You can answer.
19 20
21
A.
Say what you asked
ask what you
ask
that question again.
Q.
Would you agree that you did have sexual
22
23 24
relationships with Kimberly Sensing in the Humphreys
County Sheriff's Office that that would be improper

conduct on the part of the sheriff's
Humphreys County?
sheriff of
25
Reporter:
1 2
A.
counsel.
I want to reserve the right to ask my
3 4
5
Q.
Okay.
That's fine.
I think let me let me
MR. DAVIDSON:
object on the grounds that what I think you're asking

him is a legal question, because there is a legal
6
7
question as to whether there's no question the

sheriff's on call 24 hours a day, but the sheriff is
8 9
10
it is our position the sheriff's not on duty 24 hours a

day.
11
12
MR. GRIFFITH:
MR. DAVIDSON:
Are you instructing him

Let me state for the
13 14
15 16
17
MR. GRIFFITH:
I don't want
I don't
care.
I don't care what the record is.
It's improper
for you to state a speaking objection.
You're telling
him what to say and that's improper, Phillip, you know

it.
18
MR. DAVIDSON:
say.
I'm not telling him what to
19 20
21
MR. GRIFFITH:
Hall versus Clifton
Precision, 30.03 says it's improper for you to do what

you're doing
MR. DAVIDSON: What I'm doing, Counsel
22
23 24
MR. GRIFFITH:
and I'm going to request
25
it and I'm going to seek sanctions.
Reporter:
MR. DAVIDSON:
What I'm doing, Counsel, is
2
3
4
I'm making sure he's not asked a misleading question.

want you to clarify it.
MR. GRIFFITH: Okay.
5
6
MR. DAVIDSON:
about the clarification.
We're stating our position
MR. GRIFFITH:
I would
thank you.
MR. DAVIDSON:
You're asking him a legal
9
10
question which he can't give an answer to.

BY MR. GRIFFITH:
11
q.
Are you aware of any grounds of ethical or
12
13
14 15
legal conduct for which a sheriff having sexual

relationships with someone in his office would be
unethical from the sheriff's A. Am I aware of that?
16
q.
Are you aware of any ethical prohibition
17
18
19
20
21
against having sex with someone inside your office?

A.
question.
Q.
A.
I can talk to counsel on understanding that
Okay.
I'm not...
22
Q.
All right.
What about the courthouse?
23
24
/#&N
Have you ever had sexual relationships with anyone

outside your marriage in the Humphreys County
courthouse?
25
Reporter:
54
1
2
A.
Again, I'll reserve the right to talk to
counsel on that.
Q.
Okay.
If you did do those things that
you're not going to answer right here on record, would
5
6
you agree those are things that damage your reputation

in the community in your professional substance
7
8
professional relationship?
A. If that -- say that again, John, I'm sorry.
Q.
I'm sorry, that was poorly asked, Sheriff.
10
If you did have sexual relationships with persons
11
12
JPN
outside your marriage, either in your sheriff's office

or at the courthouse, government facilities, would you
13
14
agree that those are things that can damage

A. Are you asking
15
16 17
q.
A. Q.
your professional reputation?

in my personal life? In your
No, that's not my question.
18 19
20
professional reputation as sheriff of Humphreys County, if you had sexual relationships with persons in the
courthouse or at your office, would you agree those are
21
22
23 24
the things that would damage your professional

reputation of sheriff of Humphreys County?
a. Q. I'll reserve the right to counsel on that. Okay. That's fine, but if your damage
25
if there is damage to your reputation, I want to know -
Reporter:
55
1
2
one of the things I've got to understand is how much
worse, if any, that it was made by Jake Lockert.
And so
3 4 5
6
7
that's that's why I'm asking you again to answer the

question.
A.
And you can refuse if you so choose.

I reserve the right to counsel on that.
Q.
Okay.
All right.
Do your officers have
the responsibility to make reports of incidents that

occur?
8
9
A.
Yes.
10
11
Q.
occur?
And do they have the responsibility to keep
accurate to make accurate notes of things when they
12
13
14 15
16
17
A.
don't
Q.
Their reports are their reports.

they're not instructed to keep notes.
Do you review the reports?
I mean, I
A.
Q.
I have started that recently.

Okay. But don't you expect your officers
18 19
to maintain truthful notes when they make notes?

A. That's their notes. I mean, their notes
20
21
are their notes.
Q.
A.
But they're employees of yours; correct?

Right, that's correct.
22
23
Q.
And so can you tell us whether or not you
24
expect them to be truthful when they write their notes?
25
A.
On their
on their reports, yes.
Reporter:
CRR,
LCR
56
1 2
Q.
A.
Yes.
Absolutely.
3
4
5
Q.
And you rely upon what they say in their
reports, don't you?

A.
Their reports are court records.
I mean,
6 7
8
it's
if
they're going to court on a report, yeah. And you wouldn't want to rely on anything
would you? I would hope not.
Q.
that' s
fal.se,
A.
9
10 11
Q.
it's
Okay.
And if you rely on it, then it's
reasonable for other people outside of the to rely upon it, don't you think?
12 13
14 15 16 17
department sheriff's <

A. Correct.
Q.
And if somebody relies upon those notes and

to those notes well, that's not a good
they
refer
question e ither. Let's talk about the Darrin Ring incident

for a second.
A.
18
19
Okay?
Sure.
20
21 22 23 24
25
Q.
that we're
A.
Because that's
that's the main reason
here,
I think.
Sure.
Q.
As I understand it, you
you allege that
you were not at the scene that night; correct?

A.
I did show up on the scene that night.
Reporter:
1 2
Q.
A.
Okay, you did?

I did.
3
4
Q.
Do you know at what point of the
altercation, let's say, that you showed up at the scene?

A. He was in the Mr. Ring was in the back seat of the patrol car when I arrived on the scene.
Q.
know that?
6
7
Okay.
And how do we know
how would we
8
9
A.
Q.
There's video footage of that.

How does the video show does the video
10
11 12
show when you first arrived?

A.
Q.
It's consistent with radio traffic.

Does the video show
/^N
13 14
A.
Q.
Video shows me walking up onto the scene.

Okay. Would you agree that the the
15
16
17 18
video doesn't show you pulling up at the scene, does it?

A. It does show me pulling up to the scene.
You can see me headlights pulling into the...
19 20
21
Q.
But to somebody that's
doesn't know your
headlights, they wouldn't
just from the headlights,
they don't know that those are A. You can you can
22
23 24
Q.
A.
Chris Davis headlights, do they?

you can hear me I'm sorry, ma'am.
25
You can hear me on the radio checking onto the scene.
Reporter:

58
1 2
You can see my headlights and you can see me walking

into the car I mean, walking into the scene.
Q. But from the video alone, you don't know
it's you don't know those are Chris Davis's
3
4
headlights when you pull up, just from the video alone,
do you?
6
7
A.
You would make the assumption because of
8 9 10
11 12
the radio traffic and then me getting out of the car and
walking onto the scene.
Q.
on the video?
Okay.
Can you do you ever see your face
A.
Q.
A.
Yes.
You see me entire body.
13
14
Including your face?

Yes.
15 16 17 18 19 20
21
Q.
Okay.
All right.
Would you agree that the It doesn't
video only shows a certain degree angle?
show 180 degrees or 360 degrees; would you agree with

that?
A. Yeah.
Q.
So there are things that happen behind the
video that you can't see; correct?

A. I guess that would be correct.
22
23
Q.
And what angle is it that it shows?
Do you
24
know?
Is there a standard angle or do you have any idea
25
what angle it shows?
Reporter:
A.
Q.
Depends on which camera you're looking at.

Was there more than one video camera that
2 3
4 5 6
7 8
night?
A. There was.
Q.
Have you seen other videos, other than the
one that's been displayed on TV?

A. I have.
Q.
Do you have it?
9
10
A.
Q.
A.
I've got my copy of it.

Where do you keep it?
I don't know if it's I'd have to I'd
11 12
have to find it, Mr. Griffith.
I don't know
I'd have
13 14
15
to find my file.
Q.
TBI?
I'd have to find my file on it.

have you ever shown it to
Other than
16
17
A.
They've got it.
They've got all the copies
of all the cars.
18 19
20
Q.
Okay.
If that's something I sent you a
request for, is that something that you could provide to

me?
21 22
23
A.
The video that shows me on the scene is a
Waverly patrol car video.
Q.
have
Whose
Okay.
The video that you
did you
24
where's the other video perspective from?

whose camera was that?
J^&\
25
Reporter:
60
1
2
A.
Parnell's.
I don't know if it was Fortner's or
3
4
Q.
Has that been released to the media, to
your knowledge? A.
media?
Not that I
I don't know of that.
To the
6
7
Q.
A.
Have you seen it on TV at all?

No.
9 10
11 12
Q.
Because the only one I've seen, being
involved in the case, is the

A.
Q.
A.
Our patrol car video.

Yeah.
jgp*\
13
14
No,
there's other videos than that.
Q.
A.
Okay.
And you have at least one of them?
15 16 17 18 19
20
That's correct.
Q.
A.
Is there more than one?
I mean,
I've got my copy.
Q.
A.
I mean, how many other cameras there?
I'm assuming that Fortner and Parnell both
would have video footage.

Q. So we're talking three total? Three
21
22
23
different videos total?
A.
I don't know if
well, this Hedge
24
don't know if Hedge, Parnell

McCord,
I'm sorry, Hedge, Benji,
25
I don't know the status of those three cameras.
Reporter:
CRR,
LCR
61
Q.
Okay.
A.
But there should have been
if I'm not
3
4
mistaken, there should have been five different cameras.
Those three, if they all, in fact, had cameras, and then

the two city officers.
5 6
7
Q.
anyone?
Okay.
Have you ever shown your video to
8
9 10 11
12
A.
My video?
Q.
The one that you said was in your car?
Or
did you have one in your car?

A. No.
Q.
Which video you said you had in your

you said there was another one?
13
14
possession that
A.
Q.
The one showing me when I got on the scene.

Okay. Is that the City video or is that a
15 16
17
different one?
A.
patrol cars.
Q.
That's
that would be off one of the City
18 19 20
21
The one that's been all over the news?
The
main
I don't know.
I don't know how to describe it,
I'm sorry.
22
23 24
A.
guess,
Oh.
That
that particular video, I

either McCord or Lee's car.
come from one of
I don't know which car it come from.
j^pfcv.
25
Q.
Does the Humphreys County Sheriff's
Reporter:

62
/g$*\
Department possess any of those videos, other than
2
3
4 5
how many videos does the Humphreys County Sheriff's

Department possess?
A.
the...
I would have to
I would have to look at
Q.
But more than one?
A.
When you when you're saying the videos,
8
9 10
11
you're talking about the
Q.
about copies.
Different perspectives.
I'm not talking
A.
I'm with you on that.
I don't know the
12 13 14 15 16
17
status of Lee and McCord

cameras from that night.
Q. Okay.
I mean, of Lee and Hedge's
A.
I don't know if they, in fact, had cameras.
There should be three different videos and/or a video

with an audio.
18
Q.
Okay.
But McCord's video is the one that I
19
20 21
think has been on the news quite a bit?

A. I'm assuming that.
Q.
A.
Okay.
Are you on McCord's video?

I don't know.
22
23 24
I don't
Q.
Okay.
A.
his or not.
I don't know if I'm on it, the very end of
25
Reporter:
CRR,
LCR
63
Q.
I'll just tell you, I reviewed it, I don't
2 3
4
recall seeing you.

there.
video?
That doesn't mean you're not on
But have you ever seen yourself on McCord's
A.
I don't know that I've ever looked at the
6
7
part afterwards.
Q.
Okay.
All right.
Sheriff, Tim Hedge was
8
9
an employee of yours on January 27, 2011; correct?
A.
Q.
A.
Say that again, please.
Hedge being a
10
Was Tim Hedge an employee of yours?

Yes, sir.
11
12 j0Hfe\
Q.
A.
Of Humphreys County Sheriff's Department?

Yes, sir.
13
14
Q.
I've asked you to read this before,
15
Sheriff, but I want to ask you.
This is the Humphreys
16
17 18
County Sheriff's Office supplemental narrative report.

Do you see that, sir?
A. Yes, sir.
19
Q.
Sheriff, I'd like to ask you to read right
20
21
here, this paragraph, the second one from the bottom, if
you would, please, sir, and read that full paragraph. A. While we were waiting on the Waverly units
22
23
to arrive, we had a brief period of time that Darrin was

apparently catching his second wind but was still struggling with us. Several more strikes to Darrin's
24
j0^\
25
Reporter:
CRR,
LCR
64
$0&\
ribs and legs were made, and each time he was told to
2 3 4
5
stop resisting.
scene.
By the (sic) time we were starting to
wear down ourselves, and the Waverly officers got to the

Q. Okay. All right. And that's Hedge's
6
7
report; correct?
A. That's correct.
8 9 10 11
12
/P^S
Q.
All right.
Now, read the next two
sentences, please, sir.
A.
Officer Parnell came to our aid, along with
Officer Fortner, and shortly afterward the sheriff

showed up.
13
Q.
Okay.
Is that report incorrect?
14 15 16
17
A.
Officer Parnell came to our aid along with
Officer Fortner, and shortly after the sheriff showed

up. I'm assuming that that would be correct. Q.
that, please?
All right.
What's the next sentence after
18
19 20
21
22 23 24
A.
I told Darrin to stop resisting or he would
be tased and he was still combative.
Q.
All right.
And then go ahead and keep
reading, please, sir.

A. I pulled back off of Darrin to allow
The shot hit him in
Parnell to administer the Taser.
25
the abdomen area and began tasing.
Reporter:
CRR, LCR
65
Q.
Would you agree that at least in that
2
3
4
narrative that the way it's presented by Deputy Hedge

that it could be construed reasonably that you showed up
before Darrin Ring was tased?
5
6
A.
Q.
Could I look at that and say that?

Yes, sir.
A.
Me, knowing the situation, no.
8 9
10
Q.
No, just if you were an independent
person, you'd never been there that night, could you

see
11
12
A.
I can't tell you what somebody's going to
make the assumption of.
13
14
15
Q.
Would it be wrong for somebody to make an
assumption, not being there that night, that you arrived

16
17
18
A.
Q.
A.
By looking at this sentence?

Yes, sir.
I can understand that.
19
MR. GRIFFITH:
Okay.
All right.
I want to
20
21
22
23
make that the next
the first exhibit, please.
(Whereupon, the above-mentioned document

was marked as Exhibit No. 1.)
BY MR. GRIFFITH:
24 25
Q.
Do you have any knowledge of whether or not
Jake Lockert relied upon Deputy Hedge's statement for
Reporter:
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66
1
2
any allegations that he made of you being at the scene

3
4
5
A.
He had his office, since Ring appeared
in court within 10 days, had the information and

knowledge of the case.
6
7
Q.
A.
Okay.
Including Hedge's report?
Including Hedge's report.
8
9
Q.
And that's dated January 28, one day after
this incident occurred; correct?
10
A.
Should be.
That's probably correct.
11
12
13 14
15
Q.
Okay.
So do you have any knowledge that

If
Jake Lockert
well, let me ask it a different way.
Jake Lockert says that he saw this report that you just we just made Exhibit 1 and he relied upon it,
would you have any reason to disagree with that?
16
17
18
A.
Yes, I would, because he not only did he
he looked at that, he also asked me on the phone if I

was on the scene.
19
20
Q.
Okay.
Do you
and if
did you tell him
you were on the scene?
21
22
A.
altercation.
I told him that I was not there during the
23
Q.
Okay.
Did anybody hear that phone call or
24
25
was it just you and Jake?

A. I don't recall. I don't.
Reporter:
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67
1
2
Q.
So basically if Jake recalls or says that
you said you were at the scene without a qualifier,

would you have any reason to disagree with that?
A. If he said that I never had that
3
4
5 6
7
conversation with him?
Q.
were
No.
If he said that you just said you
you were out there at the scene and you know
8 9
what happened, do you have any reason to disagree with

that?
10
11 12
A.
One more time.
Q.
If Mr. Lockert says that he had a
conversation with you by phone and that you said you

were out there at the scene, would you have any reason
to disagree with that?
A. Yes.
13
14
15
16
17 18
Q.
A.
Okay.
Tell me why.
because I told him I told him
Unless
when I got there.
I told him that I got there when he
19
was in the back of the car.
20
21
Q.
Okay.
Okay.
What else did you
tell me Did he
about this conversation that you had with Jake.

initiate the phone call?
A. He did.
22
23
24 25
Q.
A.
And what was the purpose

Let me let me
Reporter:
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68
Q.
Go ahead.
A.
Let me clarify that.
If I'm not mistaken,
3
4 5
he come to the office, I was doing something, he left.

He called, I missed him, and if I'm not mistaken, I
called him back.
6
7
Q.
Okay.
And then tell me everything that you
remember about this conversation, please, sir.

A. It was a very short conversation. He made
8 9 10 11
12
JiPN
some demands during that conversation.

Q. Such as?
A.
Reference to the guys.
I made the comment,
what have they done?
13
14
Q.
remember?
And what
what was his response, if you
15
16 17
A.
he
I made the comment, what have they done,

He said
I don't remember exactly how it was said.
that something about not being happy that he was
he
18 19 20 21 22
23
contacted the DA office or he was going to contact the
DA's office about the Ring incident.
And just a couple
more comments were made, and that's about it.
Q.
Okay.
Before
do you know approximately
when that phone call was made, Sheriff?

A. I do not.
24 25
Q.
Was it shortly after this Ring incident
occurred or was it a while after?
Reporter:

69
A.
somewhere
No, it was on up in July.

Okay.
I mean, it was
3
4
Q.
What was the demands you said

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

A. Something to do about the guys.
5 6 7
8
reference to some demands about the guys.

Q.
A.
You mean the sheriff's deputies?

Deputies.
Q.
Darrin Ring?
Did he feel that they had been cruel to
10
11
A.
I don't remember exactly.
I know there was
12
13
14
demands regarding the guys, John I mean,
Mr. Griffith.
Q.
I don't know I don't recall exactly

Was when during that initial well,
what those demands were.
15 16 17
18
before that phone call was made, Sheriff, had Jake
Lockert ever done anything to you personally that you

found offensive? A. I don't remember.
19
20
21
Q.
Okay.
When he called you, did he appear to
have a genuine concern for the well-being and the
22
23
incident well, let me did he when he called you

this time that we're talking about in July or
24
25
approximately July, did he appear to have a genuine

concern for what had happened to Darrin Ring?
Reporter:

70
1 2
A.
He was more angry at the officers.
Q.
Okay.
For what they had done to Darrin
3
4 5
Ring?
A.
I can't say that.
I know he was upset at
the officers.
6
7 8
Q.
Okay.
Did he
did you find it unusual
that he would come to you first to try to ask certain

things be done to these officers?
A. Did I find it unusual?
9 10
11
Q.
Yes, sir.
Or reasonable?
How would you
describe it, if you

A.
if I asked you to describe it?
12
13
14
I've never been in that situation before.
Q.
Before
he contacted you before he went
to Dan Alsobrooks;
correct?
15 16
17
A.
I think he'd told me that he had a call in
to the DA's office.
Q.
to the media;
A.
Okay.
And he contacted you before he went
18 19 20 21 22
23
correct?
Just
Q.
The best of your knowledge?
A.
Q. A.
Just with that phone call.

Okay. As a matter of fact, I think in that phone
24
call that he stated that he was going to the media.

Q. Unless what?
25
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71
A.
I don't remember him saying unless.
Q.
Okay.
All right.
My point is, did he
3
4
5
to your knowledge, did he try to work it out with you

directly before anything else got blown up?
A. I don't remember that.
6
7
MR. DAVIDSON:
BY MR. GRIFFITH:
Object.
Object to form.
Q.
Okay.
All right.
Do you know that Jake
9 10
11
Lockert had the audio prior to well, in July when he

called you?
A. Q. Did he have the audio? Yes, sir.
12 13 14
15
A.
When our he should have had everything
when Mr. when Lance went through the 10-day hearing,

they should have had everything then.
Q. Okay. All right.
16
17 18
A. Q.
All the reports and everything. Do you have I know I've asked you this
19
20
21 22
23
and your attorney will object, but I just want to make

sure I'm clear. What information do you have, other
than the audio and the video that Jake Lockert knew that
you arrived after Darrin Ring was tased and put in the
car? Is there any other information that you have that
24 25
you say Jake Lockert knew in his mind that you weren't there at the time of the beating and tasing?
Reporter:
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72
1 2
A.
Radio you had the radio traffic, the
complaint the complaint card from the incident.
3
4
5 6 7
Complaint card from the incident, you had the radio

traffic, had the video traffic.
Q.
A.
Anything else other than those things?

No.
Q.
What makes you think that Jake assuming
8
9 10
that you're accurate that you got there after the

beating, what grounds do you have that Jake Lockert
willfully and maliciously made any statements that you

were at the scene at the time of the beating?
MR. DAVIDSON: Object to the form.
11
12
13 14 15 16
17
THE WITNESS:
John.
Say that again.
I'm sorry,
MR. GRIFFITH:
That's fine.
I may need
some help from the court reporter.
Can you read that
back for me, Roxann?
Just listen to her question.
18
19
(Whereupon, the requested portion of the record was read back by the court reporter.)
THE WITNESS:
BY MR. GRIFFITH:
20
21 22
23 24
That I was at the scene?
Q.
Yes.
A.
Say
do it
Q.
I'll do it.
Let me
what information do
25
you have that Jake Lockert knew
Reporter:
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73
jipn.
A.
Okay, I'm with you.
2 3
4
Q.
that you didn't come up here didn't
get to the scene till after the beating and that he
willfully willfully and maliciously says that you did

in said that about you? A. He posted it. I mean, he posted it on
6
7
he posted it on Facebook.
information do I have?
He posted it other places.
Now, my understanding is that you're asking me what
9
10
11
Q.
A.
Uh-huh (affirmative).
That
12 13
14
Q.
That he lied, that he was being
intentionally dishonest when he put that?

A. Q.
this cell
I don't Okay.
I guess none. Now, let's talk about
15
All right.
16
17 18
MR. DAVIDSON:
of the question.
I want to object to the form
19
20
MR. GRIFFITH:
You can object to the form.
THE WITNESS:
Also that it requires him
21
22
23 24
also that it requires him to come to a legal conclusion.

MR. GRIFFITH:
BY MR. GRIFFITH:
Okay.
Q.
Now, this cell incident that you had, when
25
did you go into the cell of Darrin Ring?
Reporter:
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74
MR. DAVIDSON:
Let me also object to the
2
3 4 5
form of relevance in this case.

the complaint.
That's not been pled in
MR. GRIFFITH:
Well, he testified to it,
Counselor, so I'm going to ask him all about it.

BY MR. GRIFFITH:
6
7
Q.
Tell me what
did you go into Darrin
Ring's cell that evening?
A.
I'm going to refer to counsel on any
10
11
questions that you have regarding that.

Q. Okay. All right. That's fine. You
12 13 14 15 16
17
remember earlier that we went over two reasons for which
you're basing your complaint on; correct?

remember that?
Do you
A.
And they were?
Go ahead.
Q.
Well, I wrote them down, you correct me if
I'm wrong.
The first one was misrepresentations that
18 19 20 21
22
23
you were at the scene at the time of the tasing and
beating intentionally
were there.
intentionally stating that you
A.
Okay.
Q.
And No. 2, that you were in the cell and
took inappropriate actions in the cell where Darrin Ring

was after this beating. A. Do you remember that?
24 25
Yeah, but that's not part of the complaint.
Reporter:
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75
Q.
Okay.
You're not going to ask a jury to
2
3 4 5
award you damages for that, then, are you?

A. I think the misrepresentation goes back to
just the original complaint that was filed.

Q. Okay. All right. Just so I'm clear as we
6
7
sit here today as I'm taking your deposition under oath, if we go to trial, you're not going to claim that your
professional reputation has been damages damaged or
harmed because of any allegations Jake Lockert made
8 9
10 11
about you taking inappropriate actions in a jail cell

with Darrin Ring?
MR. DAVIDSON: Wait. Let me enter an
12 13 14 15
16
17
objection on the grounds
your question
you're
asking him to
conclusion there.
you're asking him to make a legal

The complaint speaks for itself.
Okay.
MR. GRIFFITH:
BY MR. GRIFFITH:
18 19
20
Q.
With your attorney telling you how to
answer that, I want you to go ahead and answer the

question, please, sir.
21 22
23
A.
I'm going to go
I want to reply
want to depend on this complaint

Q. Okay.
24 25
A.
on what my...
Q.
And, Sheriff, the reason I'm asking you
Reporter:
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76
that is because
your attorney can tell you this
2
3 4
5
you can amend the complaint to change it, and that's one
of the reasons that we have these face-to-face meetings so that I can talk to you about it.
A. Absolutely.
6 7
8
9
Q.
And when I talked to you about it, you
talked about all the items in the complaint, which we've

gone over largely.
A. That's true.
10
Q.
And then you mentioned another thing.
And
11 12
so I just want to know conclusion.
I'm not asking you for a legal Do you think
I just want to ask you this:
13
14
15
your reputation's been hurt by Jake Lockert saying

anything or publishing anything or putting anything on
Facebook or any statements to anybody whatsoever about
16
17
18
inappropriate actions you took in a jail cell?

MR. DAVIDSON:
form of that too
I'm going to object to the
19
20
21 BY MR.
MR. GRIFFITH:
MR.
GRIFFITH:
Okay.
based on relevance.
DAVIDSON:
22
Q.
You don't have to answer.
I just
now's
23
24
25
my time to know.
And if you don't, then we'll just ask

I just
the Court to dismiss any claims on that ground.

want to know.
Reporter:
1 2
MR. DAVIDSON:
Wait.
Again, I'm going to
object to the form of the question.

BY MR. GRIFFITH:
3 4 5 6
7 8 9
Q.
Are you going to
are you making any
claims that Jake Lockert A. Not at this time.
Q.
Okay.
Let me just finish it, Sheriff, if
you don't mind.

Lockert made
Are you making any claims that Jake

hurt your reputation professionally
10
11 12 13 14 15
because of inappropriate actions you took, allegedly, in

a jail cell with Darrin Ring?
A. Not at this time.
Q.
Okay.
Thank you, sir.
I'll move on.
Sheriff, in your complaint you have asked for damages.

You've asked for money to be paid by Jake Lockert;
correct?
16
17
A.
Which?
18 19 20 21 22
23
Q.
It's under page 2, paragraph 2.
A.
Compensatory damages in an amount that will
compensate him for the damages he has suffered.
Q.
Okay.
And I imagine when you go to trial
in this case before a jury of 12 peers in Humphreys
County, you're going to tell them how you've been
24
25
harmed, I would suspect that you've got

that, wouldn't you?
you will do
Reporter:
78
jP^n
A.
Say that again.
Q.
Well, when we go to trial in this case,
3
4
5
what are you going to tell the jury that how you've
been harmed?
harmed?
How are you going to tell them you've been
A.
How he's
how his actions have been
7
8
malicious and that, that what he's done is not

what he has said and how he's done and how he's
or
9
10
11
12
13
portrayed it is
Q. Okay.
is not the truth.

Do you know how much you're going to
be asking for?
A. I retain like to reserve that to speak
with counsel about that.
14
15
16
Q.
Okay.
You hadn't thought about that before
today, really, have you?

A. No.
17
Q.
Okay.
Tell us in your life, as you live
18
19
20
21
it, how you've been harmed.
How do you know that this
has harmed you, anything that Jake Lockert allegedly

said, how has it harmed your reputation?
A. How has it harmed?
22
Q.
Yes,
sir.
23
24
A.
It's portrayed me as, in his words, a
jackboot thug.
25
Q.
Okay.
Where has he
where has he
has
Reporter:
79
yfP^N
1 2 3
4
he said that before?

A. He has.
Q.
Okay.
All right.
Well, has anybody, to
your knowledge, said that that's harmed your reputation

or do you have anybody that says that's harmed your
reputation?
5 6 7 8
9
A.
Q.
Yeah, it's put it all in a bad light.

Who is who has said that? Is there
anybody that is there anybody that's said that

about that Jake Lockert has hurt your reputation or
10
11 12
13 14
brought it to your attention?

A.
Q.
Yeah, absolutely.
Who?
A.
Members of law enforcement officers have.
15 16
17
Q.
A.
Different
Guys you
that work for you?
No, not necessarily that work for me.

different areas, different departments.
18
19
You know, what's his problem, what's his deal, why is he
saying this?
Q.
And, yeah, it's put me in a bad light.

Do you have any witnesses that you plan on
20
21
calling that are going to substantiate your claims that

your reputation's been damaged?
MR. DAVIDSON:
BY MR. GRIFFITH:
22
23
Object to the form.
24
25
Q.
You can answer.
Reporter:
80
A.
possible.
I'd like to reserve that with counsel, if
2
3 4
5
Q.
Okay.
Well, can you name one person?
Let's just start with one person who's a witness that
your reputation's been harmed. I want to make a list.

Who is that?
6
7
A.
I reserve the right to seek counsel or
8
9
talk with counsel on that.
Q.
Okay.
All right.
Hmmm.
Well, you know,
10 11 12
/fpP^v
this is not a criminal trial

A. I understand that.
Q>
__ sheriff, and you really don't have the
13 14 15 16
17
right to not answer my question. So I'm not asking I'm asking for witnesses. I'm not asking for anything
that would lead to any criminal conviction.
agree with me on that?
Would you
A.
I'd just like to reserve the right to talk
18 19 20
with counsel about it.
Q.
Okay.
I'm going to ask you one more time
under oath and I want you to look at that camera
21
22
23
well, you don't have to look at the camera, I just want you to tell me one person that's going to be a witness
for you in this in your claims for damages.
MR. DAVIDSON:
It's an improper question.
24
j0te\
25
Reporter:
81
/!fpN,
1
2
MR. GRIFFITH:
MR. DAVIDSON:
Why?
Because Counsel well knows
3 4 5 6
that we don't have to produce a witness list for trial until prior to trial. MR. GRIFFITH: discovery, Counselor. You've got to cooperate in
7 8 9
10
11
MR. DAVIDSON:
Well, we are cooperating.
Are you asking him to identify everybody that got a copy of this e-mail across the Internet?
knowing that.
BY MR. GRIFFITH:
He has no way of
12
Q.
I want to know people that you know that
13 14
say your reputation has been harmed, Sheriff. you've got 10 waiting at the bit.
I'm sure
I just need to know
15
16
who they are.
And I'll start with one.
And can you
tell me your answer, please?
17
18
A.
I'd just like to reserve the right to
counsel on that.
19
Q.
Okay.
All right.
Let me ask you, what
20
in the community, what
what type of civic groups are
21
22
23
you involved in?

A.
in?
Rotary, things like that, Elks, what?
Civic, well, I mean, am I directly involved

I mean
I mean, as far as being a member of or
24
Q.
Directly involved?
25
A.
Do I help with the ballparks?
Yeah, I help
Reporter:
82
with the ballparks.
Do I help with sit on the board

I sit sit on the Masonic
with the senior citizens?

Lodge.
3
4 5 6
Q.
A.
Do you regularly attend Masonic meetings?

I do.
Q.
A.
How often are those?

Once a month.
8
9
Q.
Let's see.
Have you attended any mental
healthcare facility in the last two years?

A. Have I attended?
10
11
Q.
that?
A.
Yeah, psychiatric, any type of thing like
12 13
14
No.
Q.
A.
No?
No.
15 16 17 18
19
Q.
Okay.
You haven't treated with any
provider for any mental duress or stress or anything

like that or
A.
issues.
Yeah, I've talked to my doctor about stress
20
21 22
23
Q.
A.
Okay.
That's your primary care doctor?
Correct.
Q.
A.
Okay.
Yeah.
Is that related to Jake Lockert?
24
25
Q.
Have you told your doctor it was because of
Reporter:

83
/$p\
Jake Lockert?
A.
Just get tired of the lies.
3
4
5 6
Q.
Okay.
Well, what
so you've had
conversations with your doctor about Jake Lockert

causing stress in your life. A. Is that true or not true?
I've mentioned it, yeah.
7
8
9
Q.
Okay.
So if we order your records that you
would have some verification that you've

A. I don't know if she wrote down his name or
10
not.
I'll tell you that I've spoke to the doctor about
11
12
13
stuff he's been involved in, yeah.

Q.
in?
Stuff he said or stuff he's been involved
14
15
A.
Q.
Stuff that
Okay.
the totality of everything.
Would you agree that your life's
16
17
been stressful the last couple years, not just because

of Jake Lockert?
18
19 Mr.
A.
Griffith.
It's because of the whole situation,
20
21
Q.
Jake Lockert?
Would you agree it's not just because of
22
23 24
25 video?
A.
The fact that he's blown it up and done the
things that he's done has not helped any. Q. The fact that he went to media with the
Reporter:
84
A.
The fact of the way he's done things and
handled things has been a great impact on it.

Q.
to you?
3 4
5 6 7
Okay.
And that's obviously been stressful
A.
Yeah, obviously.
Q.
Okay.
Did your doctor give you medication
because of your stress of this case?

A. We did. We did.
8 9
10
Q.
What type of medication?
A.
Xanax.
I know one was a generic
generic-type
11
12
Q.
Has that been a while that you've been
13
14
15
taking that or is that just a short-time thing?

A. I'm not on it every day. I mean, it's an
as-needed thing.
16
17
Q.
Okay.
Are you going to make claims for
medical expenses in this case due to seeing your doctor

for medication?
A. No.
18 19
20
Q.
A.
I'm sorry?
No.
21
22 23 24
Q.
Are you going to claim in this lawsuit that
you have mental stress for which you had to see the
doctor because of Jake Lockert?
25
A.
I'd like to talk to counsel about that,
Reporter:
85
yeah.
2
3
Q.
A.
Okay.
So there's a question you might in
your mind; right?
It's yeah, the question's there.
5
6
7
8
9
Q.
All right.
And when you get your
medications for which you might or might not claim,

where do you get them filled?
prescriptions filled?
A. Most the time at Walmart.
Where do you get your
10
11
12
Q.
What other pharmacies do you use in
addition to Walmart?
A. CVS.
13
14
Q.
Okay.
Have you told me all the places
you've got prescriptions since January 27, 2011?
15
16 that.
A.
I may have used McEwen, McEwen Pharmacy on

I don't know if I used them for me or
I don't
17
18 19
for my children or not.

Q. A. Okay. I don't know, Mr. Griffith.
20
21
22
23
Q.
When you say Walmart, you mean the Waverly
Walmart or you mean any other Walmart?

A.
Q.
They would all show.

Walmart, okay.
24
A.
Yeah, they would all show.
25
Q.
Okay.
Have you
all right.
In our
Reporter:

86
1 2 3
4
requests for production of documents, Sheriff, we asked
you to provide copies of all Facebook postings or other electronic media. And you posted one, something that I think this is a copy about
And I want to ask you
grand juror
Jake's allegedly posted.

this this one here.
5 6
7
and
that's about a grand juror sworn

statement, not sworn statement.
that posting that you claim has
Is there anything about

first of all, does
8
9
that posting list your name anywhere in it?

A. No.
10
11
Q.
Does that posting refer to you in any way
12 13
14
in your mind?
A. Does that posting what, now?
Q.
Does that posting injure your reputation in
15
any manner whatsoever?

A. No.
16
17
Q.
Is that posting relevant to any claims
18
19
you're making in this case?

A. Yeah, I think it's I think it's an
20 21
22
23 24 25
example of his reckless behavior.

Q. Okay. But it doesn't affect your
reputation directly, does it?

A. No.
Q.
Okay.
Or
okay.
A.
Is that yours or mine?
Reporter:
87
Q.
That's yours.
Thank you.
Okay.
Are there
any other claims that you're making in this lawsuit that

we have not gone over today, Sheriff Davis?
A. I'm not aware of any.
3
4 5 6
7
Q.
Okay.
These allegations of you going in
Darrin Ring's cell the next day, you've admitted that.
You said you went in there.
Was it the next day or that
8
9
10
11
night or do you recall, after this incident of

January 27, '11?
A.
cell?
Say that again.
When did I go into his
12 13
14
Q.
Yes,
sir, after this arrest was made.
When
was the first time you went into his cell after this
arrest was made? A. After
15
16
17 18
Q. arrest.
The night of January 27, '11, was the I want to know what was the next time you went
Was it when you first took him in the
into his cell?
19 20
21 22
23
cell or was there sometime afterwards that you went into

his cell within the next 48 hours?
A. this?
being
Q.
A.
We
how many times are we going to cover I'm going to refer to counsel on that
I'm just
on any of that activity.

Why is that?
It's
24
25
Reporter:
MR. DAVIDSON:
Just for my clarification so
I can make sure I can advise him correctly.

allegation in the ouster suit?
don't know. I don't know.
Is this an
I
3
4
I'm not aware of it.
5 6 7 8
9
MR. GRIFFITH:
knowledge.
Not that
not to my
MR. DAVIDSON: claiming that here.

MR. GRIFFITH:
MR. DAVIDSON:
part of this lawsuit, so.
Okay.
And we're not
You're not claiming it here?

We're not claiming that as
10
11
12
JPN
MR. GRIFFITH:
Well,
there's allegations
13
14
that he beat up Darrin Ring inside the cell.
And that's
why
and that would be in his professional capacity.
15 16 17 18 19
20
21
So that's why it's relevant to this case, and that's why

I want to ask him about it.
BY MR. GRIFFITH:
Q.
Now, if you need to take the fifth because
you're worried about some type of criminal
investigation, you can do that, but otherwise, this is a civil case and I'll respect whatever answer you give me. A. I'm going to we've been through that. I
22
23
mean, you and I have been through that not long ago, and
24
I'm just Q.
I'm going to refer to counsel on that. I don't think we went through that before.
25
Reporter:

89
1 2
We went about the other officers, the other city
officers going in the cell, but we didn't go about

over you you personally being in the cell.
3
4
A.
I'm going to refer to counsel on that.
Q.
Okay.
And just so I'm clear, I'm asking
6
7
you the question to talk about the next time you went in
the cell, and you're going to refuse to answer; correct?
MR. DAVIDSON: Wait a minute. Can I can
8 9 10
11
I consult with him about this?

MR. MR.
MR.
GRIFFITH DAVIDSON
GRIFFITH
Sure.
Not
12
13
14 15
Sure.
MR.
DAVIDSON
tell him what to answer,
but whether he should or should not answer. MR. GRIFFITH: Sure. That's fine.
16 17
18
MR. DAVIDSON: MR. GRIFFITH:

break?
Okay.
Can we ~
Yeah, you want to take a
19 20 21 22
23 24
MR. DAVIDSON:
a minute?
Can we go off the record for
MR.
GRIFFITH:
Yeah,
we'll take a break.
THE VIDEOGRAPHER:
11:40 a.m.
We're off the record at
(Whereupon, a break was taken from

11:40 a.m. to 11:46 a.m.)
25
Reporter:
90
1 2
THE VIDEOGRAPHER:
at 11 :46 a
BY MR
m.
We're back on the record
3
4
GRIFFITH:
Q.
Sheriff Davis, you've had an opportunity to

I'll move on if you still
5 6
7
speak with your counsel.

don't want
to answer the question.
I'll leave it up to
you,
sir.
MR.
MR.
8 9
10 11
DAVIDSON :
GRIFFITH
He will answer.
I'm sorry?
He will answer.
MR. MR.
BY MR.
DAVIDSON: GRIFFITH:
Okay.
12
GRIFFITH:
j0$*S
13
14
Q.
All right.
Sheriff, did you enter Darrin
Ring'j
cell.
at the Humphreys County jail facility any

'11?
15
time after
A.
January 27,
16
17 18
When you ask that question, I need to
clarify
Q.
A.
Yes,
sir.
19
a couple of things.
You're asking me if
20
21
I entered back into the cell? Q.

A.
Or entered the cell at any time.
22
23
I was involved in taking him to the cell.

Yes, sir.
Q.
A.
24 25
Okay.
I was involved in taking him to the

Yes, I did, the
cell.
Now,
did I go back to the cell?
Reporter:

91
1 2
next morning after that I went back to the cell to check

on him.
3
4
Q.
A.
Okay.
And when we went back to the cell and I
5 6
7
checked on him, he told me that his shoulder was
hurting
I mean, that his
not his shoulder, but his
ribs were hurting.
And that's when I notified the jail
8 9 10
11
12
administrator to make arrangements to have him taken

back to Horizon Medical.
Q.
A.
Okay.
Not Horizon.
Q. A.
Baptist Three Rivers? Three Rivers, yeah.
13 14 15
16 17 18
Q.
at that time.
Yeah, I know.
Did you enter the cell alone
A.
I don't think I went into
completely
entered the cell.

deal.
Door popped, stuck my head in kind of
19 20
21
Q.
Did you have any physical contact with
Darrin Ring during that meeting the next morning?

A. No, sir.
22
23
Q.
A.
Okay.
Was he shackled still?

Griffith. I don't
I don't remember, Mr.
24
25
remember him being shackled.

the bunk.
I do remember him being on
Reporter:

92
1 2
Q.
Okay.
Did you ever at any time in the
48 let me say 72 hours after this, did you ever have
3
4
5
any physical altercation with Darrin Ring where you went

and put hands on him in any manner whatsoever, to your
memory?
6
7
A.
After the initial night that we took him
into the cell?
8 9
Q. A.
Yes, sir. No, sir.
10
Q.
Okay.
All right.
And you were not
11
12
present
or were you present whenever Waverly officers
entered the cell and tased him?
13
A.
No, sir,
I was not.
14
15
Q.
Okay.
Thank you.
Couple more questions to
backtrack a little bit, and then I'll try to conclude
16
17
this, Sheriff.
and where
I asked you earlier about your income
sources from which you derive income, and
18
19
20
21
you said your only income is from the Humphreys County

Sheriff's Department; correct?
A.
have...
I don't
I don't know where else I would
22
23
Q.
A.
Okay.
No.
Do you get any pay from motocross?
24 25
Q.
Okay.
All right.
Have you ever gone to
Linden to play poker with any group of guys?
Reporter:
1 2 3
4 5
A.
Linden?
Q.
A.
Linden.
No.
Q.
A.
Perry County, anywhere in Perry County?

No. No.
6 7 8
9
Q.
Okay.
All right.
After
I want to go
back to this Lem Palk incident one more time.
MR. DAVIDSON:
Can I ask a question?
I was
writing this down and I don't hear that well.
Is there
10
11 12
a spelling for that last name?

MR. MR. MR. GRIFFITH DAVIDSON GRIFFITH
P-a-l-k.
P-a-l-k, thank you.

Yeah. And first name is
13
14
L-e-m, is my understanding. THE WITNESS:

Lem.
15
16
17 18
BY MR.
It's Lemuel, but he goes by
MR.
GRIFFITH:
DAVIDSON:
Thanks.
19 20
21
22
23
Q.
Palk?
Do you still interact with Mr. Palk, Lem
A.
I've seen Mr. Lem on a couple occasions.
I've just
other than happening to be at the same

Bumped into him at the Irish picnic.
place, same time.
24
Q.
Okay.
After Ronnie Toungette discovered
25
what appeared to be potential stolen property on Lem
Reporter:
1 2
Palk's property, did you go with Mr. Toungette to
examine a white trailer with riding lawn mowers in

that property?
A. We went to
at
3
4
we went to the trailer, but I
5 6
7
don't remember the riding lawn mowers.

Q. Okay. Do you ever recall the trailer or
any mowers having their serial numbers removed in items that you investigated?
A.
don't I
8 9 10
11
That would have been left up to him.

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

Q. You don't recall personally, to the best of
12
13
14
your recollection, ever reviewing a trailer or mowers

that serial numbers had been removed?
15 16
17
A.
there.
Now, we
we did go
we did go out
We looked at a trailer, we seized the trailer,
and if I'm not mistaken, the serial numbers from the
18 19 20
21
trailer were
I think were gone because I remember
having to get the State guy down here to look at it.

The lawn mowers, I remember something about a lawn mower
or something being stolen, but... Q.

A.
22
23 24
Okay.
Or being discussed. I don't I don't
remember that.
25
Q.
All right.
Do you remember anything about
Reporter:
1
2
the trailers coinciding with the description provided by

Alabama law enforcement? Does that ring a bell?
A.
I want to make sure I'm getting my
not
4
5
6
7
getting my cases mixed up.
I don't
there was a case
that we worked that was supposedly taken from a

construction site, the best I remember, but I don't
remember if it was Alabama or where. I don't remember
if this was
this was the trailer that that
for
9
10
some reason I thought this trailer had come from a

Lowe's.
11
Q.
Okay.
12
A.
Or something out of
somewhere.
Because
13 14
15 16
I remember tracking
I remember somehow tracking it,
and you can even track through the serial numbers on the
tires on these things. Q. Sheriff, to the best of your knowledge, did
17
18
Ronnie Toungette after this property was discovered on

Lem Palk's residence or property, did Ronnie Toungette
19
ever get on his phone to radio to call to have the
20
21
22
23
24
property taken to the sheriff's department as part his

investigation to recover what appeared to be stolen
property?
A.
We had to
I remember we took
we took the trailer.
we either had to unload it or there was
25
some stuff in it and we unloaded it or took it.
Reporter:
1
2
remember somehow or another it come to the sheriff's
department.
3
4
Q.
Did you ever stop him from making an
attempt to call to have the property brought in?

A. I don't I don't remember that.
5
6
Q.
Okay.
Did you ever tell Ronnie that you
would take over and that you would have Lem Palk bring
8 9
the property in to the sheriff's department himself?

A.
Mr. Griffith.
Mr. Griffith, I don't remember that,

I don't I don't know. I don't know
10
11
I remember us moving boxes and stuff out of it, around

in that trailer.
12 13 14 15 16
17 18
Q.
Did Lem Palk ever bring the property to the
sheriff's department, to your knowledge? A.

have...
I don't know what property that would
Q.
Okay.
All right.
Okay.
As you know,
Sheriff, there's been some allegations that you stopped
19
submitting R84 disposition cards.

that?
Are you aware of
20
21
A.
Yeah.
22
23 24 25
Q.
Tell me
tell me what your
do you have
a responsibility upon arrests or dispositions to submit

R84 cards? A. Correct.
Reporter:
97
Q. A.
And did you stop doing that for any reason? I never gave the order to stop doing that.
that process had been stopped
2 3 4
That was actually
before I come in the office, my understanding of that
5 6
7
is.
And it goes back to some conversations between TBI,
secretaries and Ms. Elaine Schult's (phonetic) office
Choate's office doing that electronically.

give the order for them to be stopped? No.
Did I ever
9 10
11
12
Q.
Okay.
Do you have the responsibility that
you're supposed to do that by law?

A. Yes.
Q.
And has it been your practice that you
13
14
don't do that?
A.
No, we do that.
The minute that I found

it
15 16
17
out that it was

was done.
that it had not been done, we

It was done.
We do that.
We were not aware
that that procedure had not been done or had been stopped, and we got it fixed and got it done.
18
19 20
21
Q.
Okay.
What period of time

Do you know?
when did you
start doing that?
A.
Immediately after
immediately after that
22
23
come to light that there was a problem with it.

Q. Okay. Is Ronnie Toungette still an
24
employee of the Humphreys County Sheriff's Department?

A. Yes, a court officer.
25
Reporter:
Q.
department?
Is he in good standing with your
2 3
4 5
6
A.
Court officer, yes, sir.
Q.
Is there any plans to eliminate his
position or terminate Ronnie Toungette as you sit here

today?
7 8 9
10
A.
Why would I?
Q.
A.
I don't
No.
I just want to know.
MR. GRIFFITH:
Okay.
I'm done.
I just
11 12 13
14
15
want to take a five-minute or couple-minute break and we
may be concluded.
now, Counsel?
MR.
Is there anything you'd like to ask
DAVIDSON:
You mean do I have any
follow-up questions?
MR. GRIFFITH: Yes, sir.
16 17 18 19 20
21
MR. DAVIDSON:
Yeah, but I want to make
sure you're finished with your examination first.

MR. GRIFFITH: Okay. Well, let me let's
take just a short break, then, be good.

THE VIDEOGRAPHER:
11:56.
We're off the record at
22
23

11:56 a.m. to 12:02 p.m.)
24 25
THE VIDEOGRAPHER:
We're back on the record
Reporter:
99
j00\
at 12:02.
BY MR.
GRIFFITH:
Q.
Sheriff, I'm almost done.
Do you ever
retain things of value from the inmates and take them to
5
6
your personal residence such as paintings, sculptures,

things like that?
A.
Have I ever done what, now?
Q.
Obtained items of value or from inmates
or prisoners such as, like, paintings, sculptor
10
11
sculptures or anything like that and use it for your

personal residence?
12
J^V
A.
A painting, a sculpture.
I mean,
13
14
there's one of the inmates made me some bookends.

They're in my office.
15
16
17
q.
Okay.
All right.
Anything else that you
can think of besides that?

A. I...
18
Q.
If you know.
19
a.
A more specific question
I'd have to
20
2i
have something more specific, Mr. Griffith, I don't...

Q. In addition to the four-wheelers that were
22
confiscated being used by you and your investigators at
23
24
their personal residence and your personal use, is it

ever used by any taken to any other residence such as
25
any other family members of yourself, like mother,

Reporter: Roxann Harkins, RPR, CRR, LCR
100
brothers or sisters or anything like that, that you've

taken four-wheelers to their residence, to your
2
3
4
knowledge, to the best of your knowledge?

A. Of mine?
5 6
7
Q.
Have you ever had four-wheelers that were
confiscated by the efforts of the Humphreys County
Sheriff's Department taken to your mother's house?

A. Not that I
8 9 10
11 12
Q.
Okay.
A.
Not that I remember.
Q.
Okay.
All right.
MR. GRIFFITH:
you very much.
That's all I have.
Thank
13 14 15 16
17
EXAMINATION
BY MR.
DAVIDSON:
Q.
Sheriff, I've got a couple follow-up
questions.
You were asked on direct examination
18 19 20 21
regarding whether you had had sex in your I believe

your your office in the courthouse with some woman.
And if I remember correctly, you referred that to your
counsel.
I never told you not to answer the question,
22
23
but my question to you, have you ever had sex with a

woman at your office or in the courthouse?
A. Not that I recall, Counsel.
24 25
Q.
You were also asked about your car use.
Reporter:
1Q1
Let me ask you when your you asked about your
2 3
4
deputies too. When your deputies work an eight-hour

shift, is that correct, normally?
A. Yes, sir.
Q.
And do they when they're not working,
6
7
are do you ever allow them to work any extra jobs if

they get permission or anything like that?
A. Yes, sir.
9
10 11
12
Q.
A.
Okay.
And when they're working those extra
jobs, are they considered off duty?

Yes, sir.
Q.
Okay.
When you are when you are
13
14 15
16
17
working, do you have a regular eight-hour workday?

A. No, sir.
Q.
And do you work basically when you feel
that there's a need for you to do it?

A. Yes, sir.
18 19
20
Q.
And it could be at 12 o'clock at night or
it could be 8 o'clock in the morning?

A. Yes, sir.
21
Q.
Do you make the determination as to when
22
23
24
you'll go on duty and when you won't?

A. Yes, sir.
25
Q. But you're required to have an automobile 24 hours a day in case you are called; is that correct?
Reporter: Roxann Harkins, RPR, CRR, LCR 1Q2
J0^\
A.
Yes,
sir.
2 3
4
Q.
And so if if you have to go to Nashville
on some business, you have to take your automobile

because you're on call; is that correct?
A. Yes, sir.
6
7 8 9
Q.
And, in fact, in the
there was a
situation not too long ago where you had to go to
Clarksville once and you were not on, quote, duty, you
were being asked to do something by the federal

government; is that correct?
A.
Q.
10 11 12
/f$^N
Correct, yes, sir.

All right.
13 14 15 16 17
18
MR. DAVIDSON:
questions.
I don't have any further
MR. GRIFFITH: MR. DAVIDSON:

do you want to start?
I don't have anything else. Do you want to take lunch or
THE VIDEOGRAPHER:
at 12:07 p.m.
We're off of the record
19
20
21
(Whereupon, the deposition was concluded at

12:07 p.m.)
22
23
24
FURTHER THE DEPONENT SAITH NOT
25
Reporter:
103
STATE OF TENNESSEE ) ) s.s. COUNTY OF DAVIDSON )
3
4
I, Roxann Harkins, Notary Public and Licensed

Court Reporter for the State of Tennessee at Large,
DO HEREBY CERTIFY that the foregoing deposition
6
7
was taken at the time and place set forth in the caption
8 9
hereof; that the deponent therein was duly sworn on oath

or affirmed to testify the truth; that the proceedings
10
11
of said deposition were stenographically reported by me

in shorthand; and that the foregoing pages constitute a
12 13
14
true and correct transcription of said proceedings to

the best of my ability.
I FURTHER CERTIFY that I am not a relative
15
16
17
of, employee or attorney or counsel of any of the
parties hereto, nor do I have any interest in the

outcome or events of this action.
18
19
IN WITNESS WHEREOF, I have hereunto affixed my
20
21 22
23
24
/P^V
official signature this 20th day of August, 2012, at

Nashville, Tennessee.
Roxann Harkins, Notary Public

State of Tennessee at Large
LCR#:
204
(Expires 6-30-2014)
25
My Commission Expires:
July 6, 2015
Reporter:
104
IN
THE CIRCUIT COURT FOR HUMPHREYS COUNTY, TENNESSEE

AT WAVERLY
2
3 4
CHRIS5
DAVIS,
Plaintiff,
VS
JAKE
)
) No. 10134
5 6
7
LOCKERT,
Defendant.
8 9 10
11
12
/fpPN
DEPOSITION OF RONNIE TOUNGETTE
13
14
taken on behalf of the Defendant
15
16 17
August 17, 2012
18
19
20 21
22
23

24
25
Nashville, Tennessee 37201 (615) 255-6425 Reported by: Roxann Harkins, RPR, CRR, LCR
Reporter:
CRR,
LCR
APPEARANCES
For the Plaintiff:
PHILLIP L.
DAVIDSON
Attorney at Law
3
4 5
2400 Crestmoor Road Suite 107
6 7
8
For the Defendant:

Griffith & Roberts 213 Fifth Avenue North Suite 300
9 10
11
Also present:
Jake Lockert Chris Davis
12 13 14
15 16 17
INDEX
Examination by Mr. Griffith Examination by Mr. Davidson
4 101
18 19 20
21
EXHIBITS
No. 1.... Supplemental narrative report
66
22
23 24
25
Reporter:
^gps
2 3
4
STIPULATIONS
The Deposition of RONNIE TOUNGETTE was

taken by counsel for the Defendant at the Law Office of
6
7
Charles N. Griffith, 415 West Main Street, Waverly,

Tennessee, at 2:00 p.m. on August 17, 2012, for all
8
9
purposes under the Tennessee Rules of Civil Procedure.
10
11
All formalities as to notice, caption, et cetera, are waived. All objections, except as to the
12
/ppfcv
13 14
15
16
17 18


witness are waived.
19
20
21
22
23 24
25
Reporter:
RONNIE TOUNGETTE

EXAMINATION
3
4
5
BY MR.
GRIFFITH:
6
7
Q.
State your name please, sir.
A.
Ronnie E. Toungette.
Last name is spelled
8
9
T-o-u-n-g-e-t-t-e.
Q.
A.
37185.
What is your address, sir?

114 Sutton Avenue, Waverly, Tennessee
10
11
12 13 14 15
Q.
A.
And your wife is Darlene?

Darlene, yes.
Q. A. in Waverly.
What is her position? Shefs a secretary for the DA's office here
16 17 18 19 20 21
Q.
Sheriff.
A. Q.
Okay.
Sheriff, do you
I still call you
You were sheriff here for how long?

26 years. Do you understand that I have subpoenaed
you here today to testify?

A.
Q.
22
23
Yes,
Okay.
MR.
sir.
And do you understand that Ifve
Let me while I'm here,
24
25
DAVIDSON:
let me enter an objection to the deposition.
Let me
Reporter:
1 2 3
explain why, for the purpose of my objection.
He was
Sheriff Toungette was never listed in discovery as

someone who has knowledge of the facts of this case, and
4 5 6
7
so continue.
I'm sorry, go ahead.

MR. GRIFFITH: Okay. Well, we did advise
you we were planning on deposing him, but anyway, your

objection's noted.
BY MR. GRIFFITH:
8
9
Q.
Sheriff Toungette, you understand you're
10
11
under oath and obligated and sworn to tell the truth?

A. Yes.
12
13 14
Q.
Okay.
I want to ask you, when did you
resign from being sheriff or choose not to run again?

A. In spring of '06.
15
Q.
Okay.
And did you begin working at some under the new sheriff?
well,
16
17
point after that for

A. Yeah,
I left office August
18 19
20
actually September 1 and came back to work I believe it

was September 18 of '06.
Q. Okay.
21 22
23 24
A. Q.
A.
little.
I think I took off about 18 days. Why did you take off 18 days? To retire?
No, just kind of vacation, rest up a
25
Q.
Okay.
And get ready to go again.
And have
Reporter:
1 2
you worked continuously for the Sheriff's Department

since 2006?
A. Yes.
3
4
Q.
In the course of your work for the
5 6
7
Sheriff's Department, did you work as an investigator?

A.
Q.
Yes, for five years.

Okay. And in the course of your
investigation, did you have certain procedures that you

normally follow when investigating a case?
A. Yes.
9
10
11
12
Q. incident.
A.
Okay.
I want to ask you about the Lem Palk
Can I ask you about that?

Yes.
13 14
Q.
Okay.
Tell me how you first became
15
16
17
involved in an investigation regarding Lem Palk.

A. About the middle of October of 2006 I had
been working on a stolen four-wheeler case that had
18
19
happened in September of '06, and during that

investigation, trying to locate those two stolen
20 21
22
23 24
four-wheelers that were stolen in Humphreys County, I

developed information that concerned not Lem Palk, but
it concerned Scotty Palk during my investigation.

Q. And how did you discover that information
or what did you find?

A. I had I had arrested two boys from
25
Reporter:
Alabama, and they had
they had stolen two
2
3
four-wheelers in September from one of our citizens

here, Bobby Patrick. And I had arrested them and had
along with some other officers during my Sheriff's
5
6
Department investigation, we'd stumbled on a meth lab up

on Porch Reed Hill at Donna Johnson's house. And one of
the boys from Alabama was there, and we picked him up
8
9
that day and the other one that night.

And one of the boys from Alabama, Brian
10
Murphy, he decided to cooperate, and told me where the
11 12
#^
two four-wheelers were that I was looking for.
And then
that led into Scotty Palk's name being brought in.

Q. Did that suspect tell you that the
were at or near Scotty Palk's
13
14
15
four-wheelers that
residence?
16
A.
No, no, this
the two four-wheelers I
17 18
19
were looking for, Brian Murphy was the guy from Alabama, he had the four-wheelers in his hometown in Joplin,
Alabama.
20
21
Q.
Okay.
Well, how did Scotty Palk's name
why was it brought up?
22
23 24
A.
While
while we were talking, while I was
talking with Brian Murphy, of course, he admitted to having the two four-wheelers from Humphreys County and
25
he brought up Chris Herbison's name and Scotty Palk's
Reporter:
Jp\
name.
And he told me that Scotty Palk had come over
that he would come up and visit
him and Chris
3
4
Herbison were friends, he would come up from Alabama and

visit and Scotty Palk had brought a stolen Honda he
5
6 7
8
9
called it a Gator, but I believe it was actually

proper name was a Honda Power Wagon, had brought it over to Donna Johnson's house a few weeks prior to that. He
thought maybe sometime latter part of September and had

sold this stolen Honda Gator to Chris Herbison for
10
$2000.
11 12
And then a few days later, Brian Murphy and Chris Herbison took the Honda Power Wagon, Gator down to
13
14
15
16
17 18
Joplin, Alabama, and sold it to one of Brian Murphy's

neighbors.
So I contacted Alabama, recovered our two
stolen four-wheelers, told the Alabama authorities about
the stolen Honda Gator. Told them I had no idea where Even
it was stolen from but told them where it was at.
19
20
had a receipt that Chris Herbison had gave the people in

Alabama when he sold it to them.
21
22
23
So the authorities in Alabama, they went to

the people's house, they cooperated, they recovered the
Honda Power Wagon. And I think maybe it was maybe a
24 25
day or so later he told me, Brian Murphy told me about was talking about Scotty Palk, said he had met
Reporter:
Scotty through Chris Herbison and that Scotty Palk had been going all over Tennessee and Kentucky and had been
2 3
4
stealing utility box trailers like you haul motorcycles

in, had been stealing box utility trailers, four-wheelers, Honda Gators, riding mowers, just what
have you. And that he still had some of the stuff and
5
6
7 8 9 10 11
12
had it stored at his father's house, at Lem Palk's

house.
Q.
Okay.
A. Q.
A.
And that's when Lem's name come up in it. What did you do?
Well, I told Sheriff Chris Davis what I'd
13
14
stumbled upon.
And we were out at Cuba Landing, it was
on a Friday night.
Our night guys had caught two guys
15 16
17 18 19 20
with a bunch of anhydrous about a mile down the road

there on the lake.
And we were out there because the cleanup

crew, one of the guys on the cleanup crew had gotten
burnt by the anhydrous and we were out there working on

that. And while we was there close, I asked Sheriff
21
22
23 24 25
Chris Davis, could we ride over to Lem's and talk to him

and see about the stolen stuff.
Q.
And what was the response?
A.
He said okay, and we finished up and we
rode over to Lem's trailer there off Cuba Landing Road.
Reporter:
CRR,
LCR
And there was a white boxed-in utility trailer, new
2
3
John Deere riding mower and a new Cub Cadet riding

mower.
And Sheriff knocked on the door, and I
5
6 7
didn't know the lady.
I found out later it was Lem
Palk's wife, but Sheriff told her we was there and wanted to look at these items in his backyard in
8
9
their backyard.
stuff.
She said, go ahead, that's all Scotty's
And so we started looking at it and trying to
10
11
12
JP*K
see if we could see any serial numbers or what have you.

Q.
A.
And did you find any serial numbers?

No, I could see I could see right off on
13
14
15
the tongue of the trailer that you could see the two
holes where the serial plate had been removed and all of
the on the Cub Cadet and the John Deere mower, under
16
17
18
the seat all the stickers were removed where you would
find serial number and model number and all that stuff,
all that had been removed. And the lawn mowers were
19
20 21
new.
They had never been used.

Q. What does that indicate to you as an
investigator?
22
23
A.
Well, seeing the serial numbers removed, it

you know, about
kind of corroborated what I'd been told,
24
25
Scotty Palk, you know, taking stuff didn't belong to

him. So I felt like the best thing to do was try to
Reporter:
10
bring the stuff into our office, to our garage where I

could crawl under it and go over it and maybe try to
3
4
locate, get them identified, maybe see where they was

stolen from.
5 6
7
Q.
Did you try to do that?
A.
called Lem.
Talked about it, and then Sheriff Davis

Lem Palk wasn't there. Sheriff Davis
8 9
10 11 12
called Lem Palk and told him that
you know, thought
we had a problem with a trailer and some lawn mowers

there.
And he told Sheriff Davis that he would
bring all the stuff
this was on Friday.
We was out
13
14
there on Friday evening.
He told Sheriff Davis that he
would bring everything into our office on the following

Monday morning.
Q. A. Okay. Is that normal procedure? You
15
16
17
Well, no, it's not normal procedure.
18 19
20
21
know, usually you'll
usually we would have called in
and had maybe one of the guards bring a trailer out or

something, try to load everything up and bring it in.
But, you know, he knew he knew Mr. Palk,
22
23
and Mr. Palk evidently was on the phone promising him he

would bring everything in. Because I think Mr. Palk
24
25
told him he had some personal items stored in the

trailer, and he needed time to get that out and that he
Reporter:
1
2
would bring it to us all on Monday I believe is how it

went.
3
4 5
Q.
Is there anything that prohibited
is
that something that you guys would have needed a warrant

for?
6 7
A.
Not as long as Mr. Palk was cooperating,

You know, he...
and at that time he seemed to be. Q. Okay.
8
9
A.
You know, I wouldn't
I wouldn't have
10
11
thought we'd needed one because we had permission to

look at the stuff. And, of course, once once we
12 13
14
could see the serial numbers had been removed, then that
gave us grounds to, you know, take it in and try to get

it identified, confirm that it was stolen and see, you
know, where it come from.
15
16 17
Q.
In your mind at that time on Friday after
you'd reviewed the serial numbers along with Sheriff

Davis, was there probable cause, in your mind, that
these goods were stolen?
A. I felt like if I felt like there was
18 19 20 21 22
23
plenty of probable cause to confirm that they was stolen

and felt like that evening you know, I felt like
Monday morning I'd be, you know, working on trying to

identify where they come from.
24 25
Q.
Okay.
Were you present when Sheriff Davis
Reporter:
called Lem Palk or talked to him?
A.
We were out in the yard and he was talking
to him on his cell phone.
Now, I didn't
I didn't
follow him around and try to listen to his conversation,
5
6
7
but, you know, he basically told me what
you know,
what Lem was saying and what Lem was going to do, wanted
to do.
8
9 10 Friday?
Q.
Well, how did y'all leave the scene there
A.
Well, we
we left with that
11
12
understanding.
and
We left.
And then I went back over

I went back over
we were a little short of help.
13 14 15
and stayed with the anhydrous situation while the new cleanup guys come to clean up. So I was over there, I
think, till about 11:30 that Friday night.
16
17
18
Q.
Did you go make any trips back there to the
Palk residence?
A. No.
19
20
Q.
Okay.
And what happened?
Were you working
over the weekend or do you know?
21
22
23
A.
Q.
A.
No, I just worked that Friday night.

What happened next?
Well, I come in Monday and, of course, I
24
ijjfPN
waited around
waited around for Lem to bring the
25
stuff in.
He never did bring it in.
And then I
Reporter:
13
1 2
reminded Sheriff Davis, I said, Lem hasn't brought the
stuff in yet.
And I said, I need to get
you know,
3
4
5
get on it, try to see where it's from.
And he said he
would call Lem and see what was going on, why he hadn't
brought it in.
6
7
Q.
On the Friday before, is it your
understanding that Sheriff Davis was aware that the

serial numbers were missing from these vehicles?
A. Yeah, I showed him. I showed him, you
8 9
10 11 12
j^P^V
know, where the stuff was gone off the...

Q.
A.
On Friday?
Yes, sir.
13
14
15
Q.
time?
Did he make any comments to you at that
A.
He said, well, that
you know, something
16
17
like, you know, that doesn't look good because you could
see where the serial plate had been removed off the
18 19 20
21
tongue of the trailer and then the stickers on the lawn

mower. He said, that doesn't look good, does it? And I
said, no.
I said, the only thing I know to do, we'll
just have to take them in, get them in our garage where
we can work on them, try to find out where they come
from.
22
23
24
Q.
Was it your intent or desire to bring the
25
lawn mowers and the trailer in on Friday, that same
Reporter:
14
1 2
Friday?
A.
That was my original plans after I seen the
3
4 5
serial numbers gone.
Q.
Why didn't you do that?
A.
Well, you know, I respected his decision,
6
7
you know.
He had
he had, you know, he had talked to
the owner of the property and made an agreement with him

to bring it in, so I respected his decision and went on
and done what else I had to do.
9 10
11
Q. you.
What happened
tell me
I interrupted
What else happens on Monday? A. Well, anyway, I told him Lem hadn't showed
12 13
14
up and he said he was going to call Lem, see why he

hadn't brought them in, what was going on.
Lem never came.
Q.
And anyway,
15 16
17
And I think it was maybe that Friday
A week later?
A.
Yeah, that Friday I told him again, I
18
19
said
I said, Lem hadn't brought the stuff in.
He
said, well, I'm gonna see about it, see what's going on. Well, anyway, the following Monday after that I came
back into work on Monday, I started worrying about it. Q. So that's 10 days later now; is that right?
20
21
22
23 24 25
Or the following Monday? A. Q. Following Monday. Three days later?
Reporter:
A.
Yeah.
Q.
So what did you do?
A.
Well, I really didn't know what to do.
4 5
6
didn't want to cause problems, but I felt like we needed to get the stuff in. I really didn't know what to do
You know, he was
about it and I'd waited a week.
supposed to bring it in on Monday and here I am seven
8
9
days later the following Monday and still don't have the
stuff.
10
So I was
I was disturbed over it,
11
bothered over it, and I
so I went over
at that
12
time Billy Miller was our assistant DA in Humphreys
13
14
County, and I went over and I talked with Billy Miller

about it.
15
I told him I didn't know
really know
16
what to do about it, had some concerns about it.
And he
17
said
he said, Ronnie, you've done all you can do.
18 19
20
Said, you know, really don't know what to tell you. Q. Do you know if Billy Miller ever brought it
to Dan Alsobrooks's attention?
21
A.
I don't know.
I told
well,
John
22
Etheridge was there, and I told John.
John was there,
23
24
you know, I told John what was going on.

I don't know what to do.
I said, John,
I need to
I said, I don't
25
get the stuff in, I just
I don't know what else to do
Reporter:
vf^S
about it.
2
3
4 know.
Q.
A.
What
And what they done from there, I don't
Q.
What did John Etheridge respond to you when
6 7 8 9
you told him? A. I know that. bring it in. He said need to be brought in. And I said,
And I said, I thought Lem was going to
10
Q.
Have you ever brought other stolen items,
11
12
possible stolen items to Sheriff Davis's attention

before in the course of your work as an investigator for
13
14
the Humphreys County Sheriff's Department?

A. Yeah, we've recovered a ton of stuff, you
15 16
17
know, over the last five years. Q. And in those cases do you recall any other
case where Sheriff Davis has waited 10 days before even
18
19
thinking about acting on something like that?

A. I can't think of any, any times.
20
21
Q.
Do you know of any relationship between Lem
Palk and Sheriff Davis?
22
23
A.
Well,
I knew there was
I knew that Lem
Palk and Sheriff Davis, I knew they were, you know,
24
25
personal friends.
Q. What
I knew that.
And I respected that.
after three days, why didn't you
Reporter:
17
1
2 3
just go out there and seize the equipment yourself?

A. Well, I just I didn't feel well, I
after I went and talked to Billy Miller and he didn't
4
5
have any suggestions for me, I really didn't know what

to do.
Q.
Gotcha.
A.
You know, I was
you know, it's a respect
8
9
thing, you know.
I don't want to
I didn't want to go
over the Sheriff's head.
I was trying to work with him.
10
11
And I knew
I knew that, you know, he was trying to
work with Lem on it, and that's why I was willing to go
12
13
14
along and letting him bring it in.
You know, I knew
I knew it was kind of a touchy situation.

Q. Did what's the next thing that
15
16 17
transpired between Lem Palk and/or Scotty Palk and the

Humphreys County Sheriff's Department? A. Well, a few months later, Sheriff Davis
18
hired Wesley Hagler from over at Waverly PD.
Wesley was
19
20
21
coming on board to be an investigator and work with me

and also head up our drug investigations.
First couple of days that Wesley came, one
22
23
of the days I took Wesley

vehicle.
I got Wesley in the
I said, Wesley, I need to take you out and
24
25
show you some people's house, tell you some things.

I drove Wesley out there.
So
And I can't remember exactly
Reporter:

lo
when Wesley come over and went to work, but it was after that. And I showed Wesley, I said, Wesley, I said, see
I said, that's where Lem Palk
2 3
4
that trailer there?

lives.
And I was telling him about Lem Palk and
6
7
Scotty Palk.
And I said, you see that white box trailer

behind there? He said, yeah. I said,
there behind
that's stolen.
I said, I'm 99 percent sure it's stolen
9 10
11 12 13
14
because the serial plate was gone off of it.
And I was
telling him, you know, about the lawn mowers and stuff.
He was fixing to start they was talking
about forming a joint in-county drug task force.

said, this is a place you need to keep an eye on.
I
I
said, you know, I, you know, gather a lot of information

about the Palks, and I said if you're coming on board,
15 16 17
18
19
you need to
on.
this is a place y'all need to concentrate
And then I guess it was probably a year
after all this happened, maybe October, around October
20
21
of '07 Wesley and Tony Anne, which they were the in-county drug team, they went out to Lem's and, of
22
23 24 25
course, Wesley already had knowledge about the trailer.

They did a search warrant out there on a
drug raid, and while they was there, they went ahead and
seized the trailer and brought it in to the jail, but
Reporter:

iy
JS**\
the lawn mowers were gone.
Q.
Okay.
Do you have any idea how long after
3 4
5
this drug raid where the trailer was finally seized how many days after the day that you and Sheriff Davis
discovered the lawn mowers with the plates removed?
6
7
A.
Oh, this was
almost a year later.
It
was somewhere around
I think it was approximately a
8
9
10
11
12
year later, maybe October '07 when Tony Ahne and Wesley
went out on a drug raid and seized the trailer. I came
in to work on a Monday morning and the trailer was

setting there in our parking lot.
Q. Prior to that almost a year later, whenever
13
14
15 16
it was, do you have any indication from your standpoint

that Sheriff Davis ever took any actions whatsoever to
recover those stolen lawn mowers that you and he discovered that Friday?
17
A.
I don't know of anything that happened.
18
19
don't have any personal knowledge of anything.

MR. GRIFFITH: Okay. That's all the
20
21
22
questions I have.
Thank you, Sheriff.

EXAMINATION
BY MR.
DAVIDSON:
23
Q.
Sheriff, have you ever called people before
24
25
and told them to bring stuff in themselves to the

Sheriff's Department?
Reporter:
20
A.
Yes,
sir.
Q.
Do you know whether or not the
are you
3
4
aware that the State Criminal Investigation Division

came out and looked at the trailer and those lawn
mowers?
5 6
7
A.
No, sir, I'm not
I'm not aware of it.
don't have any personal knowledge of it.

Q. And the last time you heard of this
five years?
8
9 10
incident was October of 2007,
A.
Yeah, I think
I think that's when I
11 12 13
14
noticed it setting on our parking lot.

MR. DAVIDSON:
MR. GRIFFITH:
No further questions.
Okay. That's all the
questions I have.
Thank you, sir.
15
16 17 18

2:23 p.m.)
19 20
21
22
23 24
25
Reporter:
STATE OF TENNESSEE ) ) s.s. COUNTY OF DAVIDSON )
3
4
5

6
7
8 9 10 11 12
J00^\

or affirmed to testify the truth; that the proceedings
of said deposition were stenographically reported by me


13
14 15
16
17

18
19 20
21

Nashville, Tennessee.
22
Roxann Harkins, Notary Public

23
State of Tennessee at Large
LCR#:
204
(Expires 6-30-2014)
24
25
July 6, 2015
Reporter:
22
IN THE CIRCUIT COURT FOR HUMPHREYS COUNTY,

AT WAVERLY
TENNESSEE
2 3
4
CHRIS DAVIS,
Plaintiff,
VS
5 6 7
No.
10134
JAKE LOCKERT,
Defendant.
8
9
10
11
12 DEPOSITION OF JAKE LOCKERT
13
14
15
taken on behalf of the Plaintiff
August 17, 2012
16
17
18 19
20
21 22
23

24
Nashville, Tennessee 31201 (615) 255-6425
25
Reported by:
Reporter:
1
2
APPEARANCES
For the Plaintiff:
PHILLIP L.
DAVIDSON
Attorney at Law
3
4 5
2400 Crestmoor Road Suite 107
6
7
For the Defendant:

Griffith & Roberts 213 Fifth Avenue North Suite 300
8
9 10
11
12
Also present:
Chris Davis
13
14
INDEX
15
Examination by Mr. Davidson Examination by Mr. Griffith Further Examination by Mr. Davidson
4 31 31
16 17 18 19 20 21 22
23
EXHIBITS
No. 1....Facebook posting

No. 2....Defendantf s answers to interrogatories No. 3. ...Affidavit of John Etheridge
6
7 9
No. 4....Waverly Police Department video

No. 5....McCord video
15
15
No. 6....Tea Party video No. 7....Blank ouster petition, documentation No. 8. ...March 6 Facebook post
20 21 25
24
25
Reporter:
2
3 4
5
STIPULATIONS
The Deposition of JAKE LOCKERT was taken by

counsel for the Plaintiff at the Law Office of Charles
6
7
N. Griffith, 415 West Main Street, Waverly, Tennessee,
at 1:06 p.m. on August 17, 2012, for all purposes under

the Tennessee Rules of Civil Procedure.
9
10
11
All formalities as to notice, caption,
12
13
et cetera, are waived.
All objections, except as to the
14 15 16
17 18


witness are waived.
19 20 21
22
23 24
25
Reporter:
JAKE LOCKERT
2
3 4 5

EXAMINATION
BY MR.
DAVIDSON:
6
7
Q.
record.
Sir, would you state your name for the
8 9 10 11
12
A.
Q.
A.
William Bradley Jake Lockert.

Mr. Lockert
The Third.
Q.
A.
I?m sorry.
What do you do for a living?
District public defender for the 23rd
13
14
judicial district.
Q.
position?
A.
And how long have you been in that
15
16
17
Since 1998.
Q.
A.
Okay.
Before that, what did you do?
18 19 20
21
In September of 1996 I became an assistant
district attorney and served in that capacity until

1998.
Q.
We1re here today about a lawsuit that my
22
23
client's filed against you regarding defamation in a

false light. I'm sure you've had a chance to review
24
25
that complaint; is that correct?

A. That's correct.
Reporter:
CRR,
LCR
1 2
Q.
So the questions I'm going to ask you today
primarily have to do with that.
First of all, do you
3
4
understand what the allegation is against you?

A. Yes.
Q.
A.
Okay.
And what is that?
6
7
That I made a statement or a posting in
regard to the sheriff being at the scene of the Darrin

Ring beating, that he was present and took no action to
intervene or stop the beating or the tasing taking
place, essentially.
8 9 10
11
Q.
Now
now, what
if the sheriff, in
12 13
14
fact, was there and did not stop his officers from
beating this man, would that have would that have
violated any laws that you're aware of?

A. In my opinion, yes.
15 16
17
18
Q.
A.
Okay.
And what would those laws have been?
Been violation of laws in regard to civil
rights of Darrin Ring, also in regard to criminal

statutes, if he's there and does not stop his officers
19 20
from committing aggravated assault on Darrin Ring.

Q. Now, the allegations that we find are
21 22
23
attached as an exhibit to the complaint.
And I'm going
to pass you a copy of this.
And it's
this is a copy
24
25
of Exhibit A to the complaint.

A. Let me
Did you post this?
is it the whole thing?
Reporter:
1 2
Q.
This is the whole thing.
A.
All right.
(Witness reading document.)
3
4
I'm sure I did.
I mean, I don't have independent
recollection, but I'm confident I did.

name.
It's under my
5
6 7
MR. GRIFFITH:
Let's make this Exhibit 1.

was marked as Exhibit No.
BY MR. DAVIDSON:
8 9 10
11
1.)
Q.
Now, the part that we're concerned with
here at this stage is found at No. A of Exhibit 1.

A. Okay.
12
13 14
Q.
It says that he failed
he being the
sheriff, failed to perform his duties by standing by and
15
16
17
allowing officers to beat Darrin Ring while said Darrin Ring was handcuffed and stripped naked. Not only did he
stand by and watch the severe beating, he defended it.

Now, as you said, that
him of criminal conduct; correct?
18 19 20 21 22
23
basically accused
A.
It doesn't say that he committed conduct
criminal conduct, I don't believe.
Q.
Exhibit 1.
Well, let's go down a little further in

Look under 6A. It says that the sheriff did
24
25
violate the following laws and others to be set out in an amended petition after federal indictments are
Reporter:
returned against him.

misconduct is in
Sheriff Davis committed
is in beating the handcuffed and
3
4
helpless Darrin Ring in the jail cell and allowing him

to be beaten at the scene of his false arrest.
A. Yes.
5 6
7
Q.
Criminal conduct
criminal because his
conduct amounted to aggravated assault, attempted murder, false arrest and kidnapping and et cetera.
A. Yes.
8
9 10
11
Q.
Now, after we filed this lawsuit against
you, we sent you a set of discovery responses.
Let me
12 13
14 15 16
17
pass you that and see if you

A. Yes, I do.
if you recognize those.
Q.
Is that your signature at the end under
oath, having sworn to these answers?

A. Yes.
MR. Exhibit No. 2.
DAVIDSON:
Let's make that
18
19 20
21 22
23

BY MR. DAVIDSON:
2.)
Q.
In Exhibit No. 2
MR. DAVIDSON:
Do you have a copy of these
24 25
or you want to make a copy? MR. GRIFFITH: I've got a copy somewhere.
Reporter:
BY MR.
DAVIDSON:
Q.
Mr. Lockert, on page 3

MR. DAVIDSON: Why don't we make a copy of
3
4
these real quick.

MR. GRIFFITH: Yeah.
5
6 7
MR.
DAVIDSON:
That would be the easiest
way to do it.
1:13 p.m. to 1:16 p.m.)
BY MR. DAVIDSON:
8 9 10
11 12
Q.
A.
Turn to page 3, please, of Exhibit No. 2.

Okay.
13
14 15
Q.
I asked you, state all facts from which you
relied to make the statement found in paragraph 7 of the
complaint. complaint
Now, just for the record, paragraph 7 of the well, I think it's mistyped there. It's
16
17
not paragraph 7.
original says 2.
Should be paragraph 2.
I think my
18 19
20 21
And you state in there

to her so she can
let me give this
you state that I relied on the fact
that a District Attorney General's investigator told me
22
23 24 25
that Chris Davis was present at the scene of the Darrin

Ring beating. John Etheridge advised me of the same.
Mr. Etheridge also advised me that Sheriff Davis was

there but not in front of the cameras.
Reporter:
Now, have you seen the affidavit that Mr. Etheridge has provided in this case?
A.
says.
2
3
4
I've seen it or I've been told what it
5 6
7 8 9
Q.
Well, let me pass it to you.
A.
All right.
Yes, I have seen it.

MR.
Exhibit No. 3.
DAVIDSON:
Let's make this
10
11

BY MR. DAVIDSON:
3.)
12 13
14
Q.
Now, this affidavit, sworn under oath, he
says, I have reviewed Jake Lockert's response to Chris

Davis's Interrogatory No. 3. I did not tell Mr. Lockert
15
16
17
that Sheriff Davis was present during the beating of
Darrin Ring.
I did not tell Mr. Lockert that Sheriff
18
19 20 21
Davis was present during the beating of Darrin Ring but

not on camera.
Where did you get the information for your
response to Interrogatory No. 3 regarding what I
22
23
regarding whether the sheriff was there at the time that

Darrin Ring was beaten?
24
A.
John Etheridge did, in fact, tell me that
25
Sheriff Davis was at the scene of the Darrin Ring
Reporter:
1 2
3 4
beating.
Q.
So he's not telling the truth?
A.
Well, I don't think he denies that he said

I don't
he was there at the scene of the beating.

believe he denies that.
5
6
7
Q.
Well, you would agree that the affidavit
speaks for itself.

right?
A. Yes.
Whatever it says is what it says;
9 10
11
Q.
He said, I did not tell Mr. Lockert Sheriff
Davis was present during the beating of Darrin Ring.
12
13
14
did not tell Mr. Lockert that Sheriff Davis was present
during the beating of Darrin Ring but not on camera. And what you state is that District
15
Attorney Etheridge told me that Chris Davis was present

at the scene of Darrin Ring's beating.
advised me of the same.
16 17
18
John Etheridge
Mr. Etheridge also advised me
Davis was there but not in front of the cameras.
19
I don't see how you can say that he's
20 21 22
23 24 25
denying what you write in your interrogatories.

tell me why you think it's not a denial?
Can you
A.
My statement says that he advised me that

His
he was at the scene but not in front of cameras.
affidavit does not deny that he was at the scene and not
in front of cameras. In fact, he knows he was at the
Reporter:
10
scene.
2 3
4
Q.
the same.
A.
Well, it says John Etheridge advised me of
Yes
5
6 7
Q.
A.
Mr. Etheridge advised me.

Exactly.
Q.
So you think there's a difference between
8
9 10
11
somebody advising you and somebody telling you?

what you're saying?
A. No.
Is that
Q.
Okay.
12
A.
I'm saying he told me that the Sheriff was
13
14
at the scene of the Darrin Ring beating, but he was not

on camera.
15
16
17
Q.
And here in his affidavit here, he says, I I did
did not tell Mr. Lockert that Davis was present.
tell Mr. Davis was present at the beating but not on

camera.
18
19 20
21
A.
He says that he did not say he was present
during the beating.
He does not say he was not at the
scene, and he would not say that.
22
23
Q.
Now, at what point did you receive

You were the defense
first
of all, let's establish this.
24
attorney for Darrin Ring; correct?

A. I and one of my assistants, yes.
25
Reporter:
11
1
2
3
Q.
Okay.
And Darrin Ring was arrested on
this incident happened on January 27, 2011; correct?

A. I
Q.
Somewhere around that time?
5
6
A.
Yeah, I don't know my personal knowledge,
but it was very early.
7
8
9
10
Q.
And then you became involved in this case
in July of 2007 (sic)?

A.
Q.
Me personally?
Yeah.
11
A.
Or my office?
12
jpsx
Q.
Or your office.
13
14
15
16
A.
I think my office would have been involved
considerably earlier than that in lower court, because I

think this was on affidavit of complaint as opposed to
indictment or presentment.
17
18
Q.
When did you personally start becoming
involved in this case?
19
A.
I'm going to estimate in June Assistant
20
Dawn Kavanagh came to me with discovery which included
21
22
23
reports and the video.
Advised me that something had to
be done about this, and I told her I would handle it.

Because she was working down here and I didn't want her
24 25
to
having just started out down here to have to take
the brunt of any negative reaction for exposing what had
Reporter:
12
happened.
2
3
Q.
What videos did you review?
A.
McCord video.
Only had one video.
I think it was the
The same video that was shown on
5 6
7 8
Channel 4.
And we never received the other videos in
discovery.
I did not learn of other videos until I had
talked to Mr. Griffith and was advised that the City had
provided some videos, I think, to him in a civil case,

but I've not seen those.
9 10
11
Q. City
You've never seen the videos from the
Waverly Police Department?
12
jî^v
A.
The only video that I've seen is the one
13
14 15
video that was provided in discovery, and my

recollection, that was Deputy McCord's video.
Q.
the
A.
You mean discovery in this case or in
16
17 18 19
20
In the criminal case.
Q.
A.
Okay.
Where we represented Mr. Ring.
We had
asked for discovery, and we were not given the other

videos.
21 22
23
Q.
Well, at some point did you
so it's your
testimony today you've never seen the video from the
24
25
Waverly Police Department; is that right?

A. I've never seen any of the other videos.
Reporter:
13
1 2
Q.
Okay.
A.
the fact.
Was not aware of other videos until after
3 4 5 6
7
MR. DAVIDSON:
Well, let's make an exhibit,
there's two videos here.

both of these to you.
Counsel, I believe I provided
MR. GRIFFITH:
You know,
it said that you
8 9
10 11 12
would provide them, but we didn't receive any CDs.

didn't get anything. It says CDs attached or a CD.
I
I
think you put singular CD, but I
honestly I've not
seen any videos that have

any discovery.
or DVDs that have come with
13
14 15
MR. DAVIDSON:
Do you have any
well,
I've sent them, but I don't mind giving them to you
again.
Do you have any video capability here in the
16 17
18
19
office today?
MR. GRIFFITH:
That's all I've got.
I don't.
I've got an iPad.
MR. DAVIDSON:
Okay.
Let's make the
20 21
22
23
Waverly Police Department video Exhibit No. 4.

MR.
MR.
GRIFFITH:
DAVIDSON:
Is that McCord's video?

I'm not sure.
MR.
MR.
DAVIS:
That's Waverly PD.

Yeah. And this is the
24 25
DAVIDSON:
McCord video, let's make that No.
Exhibit No.
Reporter:
MR. DAVIS:
want me to.
I can have them copied if y'all
2
3
4
MR. GRIFFITH:
MR.
the exhibit is.
Yeah, I'd like you to.

Exhibit No. 5. Or whatever
DAVIDSON:
5
6
7
(Whereupon, the above-mentioned documents

were marked as Exhibits Nos. 4 and 5.)
8
9
MR. DAVIS:
copied?
MR.
Do you want me to have those
10
11
DAVIDSON:
Can we release them to him
to have them copied and then you can
12 13
14
MR. GRIFFITH:
Sure.
And you can just
what do you want to do with the originals?

just give them back to Roxann or
MR. DAVIDSON:
You want to
15 16 17
18
19
You can give them back
this is going to be my deposition, so they're exhibits

to this deposition. They actually belong to her now
Okay.
MR. GRIFFITH:
MR. DAVIDSON:
and I can just take these
20
21
and have the sheriff make copies for them.
MR. DAVIS:
I'll try to get them to run by
22
23
while we're here and bring them back.

MR. GRIFFITH:
Thanks.
Okay.
That'd be great.
24
25
Reporter:
15
1 2
BY MR.
DAVIDSON:
Q.
When did you obtain the complete report
3
4
from the file of the criminal case?
A.
officers?
You mean the various reports from the
6
7
Q.
Yes.
To prepare your defense of this
gentleman.
A.
8 9
10
It was not complete discovery, but as far
as the McCord video and Officer Hedge's report, I would

have first seen those sometime in June.
11
12
Q.
Of 2011?
A.
Yeah.
I don't know when they were received
13 14
15 16
17
by my assistant.
Q.
A.
Okay.
It would have been sometime after Darrin
Ring's case came out of the grand jury.

Q. Do you remember what do you remember
Do you
18
19
about the McCord video?
That's Exhibit No. 5.
remember at any point in that seeing the sheriff in that

video?
20
21
A.
Do not remember seeing or hearing the
22
23
sheriff in that video.
Q.
Okay.
And when you answered this discovery
24
#**"-
request, which is Exhibit No. 2, why didn't you put in

there that you were relying, in part, on your statement
25
Reporter:
16
made in Exhibit No. 1 based upon a police report?
A.
The police report and the video, I assumed
everyone was aware of that.
I should have put
4
5
6
guess I should have put the blatantly obvious in there,

but, yeah, I had the video, the police reports.
had the video enhanced in regard to the audio.
I even
7 8 9
Q.
Well, did the video that you had enhanced
show the sheriff standing around while this gentleman was being struck or kicked or beat?
10
11 12
J^'
A.
No, the video simply showed me that the
sheriff took no action, either physically or verbally to stop what was taking place.
13
14
Q.
Well, did the video show you the sheriff
was on the scene?
15
16 scene.
A.
The video did not show that he was on the
17
18
Q.
A.
Then how did you know he was on the scene?

I'd been told by a district attorney's
19 20
21
office criminal investigator, which I did not solicit, he just came up to me and told me that.
Q. Who was that?
22
A.
That was John Etheridge.
He also told
23
24
/0^'-
another attorney, Mike Patrick, that he was there.
Mike
had advised me that John Etheridge had told him that.
25
Q.
Oh, so Mike Patrick told you that John
Reporter:
17
Etheridge had told him that?
2 3
4
A.
Yes.
And the report of
I believe it was
Deputy Hedge, when I read that, it was clear that the

sheriff had arrived and was present when both Taser
5 6
7
strikes or whatever you call them were being
administered to my client.
And also he was present when
kicks to the ribs were being administered to my client.

And based on the fact that the officer's
8 9 10
11
report indicated he was there and the fact that the

video showed he did not say or do anything to stop it,
then that led me to believe he took no action to put a
12 13
14
15
stop to it as the chief law enforcement officer.

Q.
there?
Did you interview the officers who were
A.
The
16 17 18
19
Q.
A.
The officers who were there at the scene.

That's...
MR. GRIFFITH:
can go ahead and answer. THE WITNESS:
Object to the form.
But you
20 21 22
23
I don't recall interviewing
the officers.
I read their reports.
I talked to their
lawyers to see if they would be allowed it give

statements or talk, and they advised they would not.
BY MR. DAVIDSON:
24
25
Q.
Did any of their lawyers indicate to you
Reporter:
18
1 2 3 4 5
that the sheriff was there at the scene?
A.
No, I didn't ask.
Q.
Now, Exhibit No. 1 had to have been created

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

suit that's been filed.
A. There is.
6
7
don't know when it was filed, but if the date of the
8 9 10
11
ouster suit is prior to the date of the posting, then,

yes, you're right.
Q. Well, it says, in response to our
objective, ha, ha, DA's ouster petition being untrue in

part, I would add the following comments to the petition
filed by Mike Patrick and other good citizens.
A. Then it would have either been filed or I
12 13
14 15
would have seen it prior to that.
16
17 18
Q.
filed?
Weren't you present at the time suit was
A.
Q. A.
Yes, but I don't recall the date.

Okay. Yeah, I was at the courthouse.
19 20
21
Q.
Now, you spoke at a May 29, 2012, you spoke
22
23 24
at a Tea Party meeting; is that correct?

A.
I
I did speak at a Tea Party meeting, and
and I assume that date's correct.
25
Q.
Okay.
This is a video that we received of
Reporter:
this Tea Party meeting, probably need to make
I want
2
3
to make that the next exhibit.

a copy of that too.
And if you can make him
4
5 before?
MR. GRIFFITH:
Was that provided to us
MR. DAVIDSON:
Should have been.
I sent
all those CDs in.
I don't know why you didn't get them.
8
9
10

BY MR. DAVIDSON:
6.)
11
12
.jfjPN
Q.
suit?
What was your involvement in the ouster
13
A.
JP Bradley and Mike Patrick in court one
14
15
day asked me if the DA was going to file an ouster, and

I told them I was confident he would not. They said
16 17
18 19
something was going to have to be done.
I explained to
them the gist of the ouster law in regard to citizen

relaters filing an ouster, and they stated that one or both of them were going to do that.
20
21
I found a form petition for ouster online.

Mike asked me Mike Patrick asked me if I'd ever seen
22 23
one.
I told him that I had not,
and I forwarded the
form that I assume he used as a template for the ouster
24
25
petition.
I also provided information to him based on
my interviews with various witnesses.
Reporter:
20
Q.
I'm going to show you a document here and
2
3 4
5
ask you if this is if you recognize this document.

Have you ever seen that document? A.
Q.
I just got it.

Sure, I'm sorry.
Let me look.
A.
Yes.
Q.
Did you prepare that?
A.
The petition I did not prepare.
That was
9
10
11
12
from a form petition.
The information in regard to what
laws that I felt appeared to have been violated and

based on facts that I had uncovered in my investigation,
yes.
13
MR. DAVIDSON:
Okay.
Let's make that the
14
15
16
17
next exhibit, please.
Let me get a clip here.

BY MR. DAVIDSON:
7.)
18
19 Mr.
Q.
Lockert.
Look at Exhibit No. 1, again, if you could,
20
A.
Okay.
21
Q.
I want to go over some stuff here to make
22
23
sure I understand where you got this.
You say in No. B
that Sheriff neglected his duty to obtain proper medical
24
25
treatment by taking him or having him transported to the

hospital room with no pants on.
Reporter:
21
JPN
A.
Yes.
Q.
Okay.
So that Darrin Ring was too
3
4 5
embarrassed to go naked, thus denied proper medical

treatment? A. Yes.
6
7
8
Q.
Okay.
You got this information from Darrin
Ring and the jail staff that were present?

A. Jail staff. He said that he was brought in
9
10
naked and one of the jailers took a blanket to him so

that he could be covered up.
11
12
13
Q.
A.
Weren't they carrying him in a blanket?

She took a blanket to them. They wrapped
the blanket around him and carried him to the cell.
14 15
16
Q.
Okay.
Do you
did you talk to anybody at
the emergency room to see what happened when he was

brought there?
17
A.
I did not talk to anybody at the emergency
18
room.
I read reports, medical reports.
19
Q.
Did they tell you that when he was brought
20
21
there that he spit on the nurse and refused to

refused treatment?
22
23 evidence.
MR. GRIFFITH:
Objection, facts not in
24
25
THE WITNESS:
No, no one told me that he
stood (sic) on a nurse and refused treatment.
J
Reporter: Roxann Harkins, RPR, CRR, LCR
22
BY MR.
DAVIDSON:
2
3 the ER?
Q.
But you looked at the medical reports from
A.
I don't
I say the ER.
It may have been
5
6
7
medical reports from the jail where they

took him.
where they
And I talked to a jailer who actually took
him to the ER and sat with him.
8
9
10
Q.
Do you know that it was the Sheriff that
asked for the blanket to be brought out?

A. I don't know that. I was not told that.
11
Q.
Now, who told you that the Sheriff took
12
/#û-
part in beating him while his hands were cuffed at his

back, administering multiple kicks to his body?
A. An inmate whose last name was Barbee, I
13
14
15
16
want to say Larry or Steven Barbee; an inmate by the

name of McGowan, I think Chris McGowan; inmate by the
17 18
19
name of Hooper, I think John or JC Hooper. I'm missing a name of
And I know
I'm thinking there were four
different inmates who advised me that they were in a
20 21 22
23
cell across from the holding cell where Darrin was and observed the Sheriff administering knee strikes to Darrin Ring as he lay cuffed and shackled on a concrete
cot in the cell.
24
#*
One of those inmates advised he was so
25
upset he called his father.
I talked to his father.
He
Reporter:
23
advised that this inmate had called him and advised him
2 3
4
that he needed to get help to the jail because the

Sheriff was kicking the guy in the cell.
Q.
Now, you were
you heard
you were here
5 6 7
8
during the Sheriff's deposition; correct?

A. Yes, I was.
Q.
And there was some mention of some
Sheriff was asked a question about a posting that you

made. Let me pass this to you here.
A. Yes.
9
10
11
12 13
14
Q.
A.
Did you make that posting?

I did.
Q.
juror?
How did you get a statement of a grand
15 16
17
A.
I had one or more people who relayed to me
that they had talked to a grand juror who had advised

that the district attorney had only offered to show the
18 19
20 21
video of Darrin Ring being beaten on a small laptop or a
tablet computer and had been advised that the video was
not very good quality and you really couldn't see
anything.
22
23 24
In conjunction with that, I knew from my
experience the way the grand jury was handled that it

was done in a manner to produce a no true bill.
received a call from Scott Couch with Fox 17 News
And I
25
Reporter:
24
1
2
3
advising me that the TBI were upset about the way the
district attorney had handled the grand jury and wanted
a story done.
Scott asked me if I would be able to get a
5
6 7
grand juror who would be willing to come forward and

make a statement on the news, either anonymously or otherwise. I advised him that grand jurors could not
testify in regard to what was testified to in grand
9
10
11
12
13
jury, but that I would see if I could find someone who

would give a statement in regard to the way the DA
handled the grand jury.
Q.
A.
Who would that have been?

Who would what have been?
14
15
Q.
Who would have given a statement as to how
the DA handled the grand jury?
16
17
18
A.
Well, any grand juror that was willing to
come forward at that time and make a statement to Scott

Couch.
19
20 next exhibit.
MR. DAVIDSON:
Okay.
Let's make this the
21
22
23

BY MR. DAVIDSON:
8.)
24
jP^N
Q.
Okay.
Where is the statement that the
25
grand juror made?
Reporter:
25
A.
There is no written statement.
2
3
Q.
statement?
Who was the grand juror that made the
A.
I don't know the name of the grand juror.
5
6
7
8
The grand juror did not want their name used.

Q. Who was the person that told you a grand
juror had made the statement?

A. Would either have been Darrin Ring's
9
10
11
mother, Michelle McCarson, someone in the clerk's

office, someone with the City of New Johnsonville, and I
don't I really don't recall.
12
13
Q.
A.
Did you say Michelle Carson?

Michelle McCarson.
14
Q.
Who is she?
15
16
A.
She's a bonds lady, and I'm not sure what
else she does.
17
18
Q.
A.
And then somebody in the clerk's office?

Yeah, I'm saying it would have been one or
19
more of those.
I don't recall at this point who it was.
20 21
22
23
And they never gave me a name, just the verbal statement of what this grand juror had said.
Q. Okay. And something that important, you
don't remember who told you that?
24
J0^\ 25 answered.
MR. GRIFFITH:
Objection, asked and
Reporter:
26
JPN
BY MR.
DAVIDSON:
Q.
Correct?
A.
No, I don't
I don't recall the name of
4
5 6 7
8
9
the person.
They contacted me simply to tell me this is

And then
something that you might want to look into.
shortly after I received the call from Scott Couch that the TBI was asking for a story on the way the grand jury
was handled. They were upset about it. So that made me
believe there was something to it.
10
11 that
Q.
Now, I want to go back to the
where is
where is that exhibit, first exhibit to Mr.
12 13 14
15
the Sheriff's deposition? second, if I could. this video.
I need to look at that for a I want to go back to
Thank you.
It's your testimony, I want to make sure I
understand today, that nobody from the TBI or any other
16
17 18 19
20
governmental agency provided your office with any video

from the Waverly Police Department? A. That is correct. The only video that I
received was in discovery from Lisa Dunnagan, who was at

that time the assistant district attorney.
21 22
23
MR. DAVIDSON: client just a second.

MR.
Okay.
Let me talk to my
Okay?
Sure.
GRIFFITH:
24
25

1:44 p.m. to 1:50 p.m.)
Reporter:
27
i$pN
BY MR.
DAVIDSON:
2 3
4
5
Q.
I just have a few more questions.
Mr. Lockert, do you ever publish documents under the

website of Support Darrin Ring?
statements on that?
Did you ever make
6
7
A.
Q.
Did I make posts on it?

Yeah.
A.
I have posted on that site, but I have
9
10
nothing to do with that site, if that's what you're

asking.
11
Q.
Okay.
You never made any posts that you
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j$pfc\
didn't put your name on, just basically made a post on

there?
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A. Q.
Absolutely not. Okay.
Never.
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A.
I stand by everything I say and use my
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Q.
I want to make sure I understand this
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before we get out of here, that you're saying under oath
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today that you never saw and have never seen the Waverly
PD camera cam of that night, recording?
A. I have not.
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Q.
A.
Okay.
I have been told that some existed. I was
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told that David Daniels with the City was very
Reporter:
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cooperative with Mr. Etheridge excuse me, with

Mr. Griffith and David Raybin and had forwarded some to
them.
But the only video that I have seen and the
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only video that I had seen when I made these remarks or posts were the one video that I asked the Sheriff to
review and I asked John Lee Williams, the County
attorney to review to try to get them to take some type of disciplinary action against the officers.
only video I'd seen.
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That's the
Q.
Pack
And you also have testified that David
not David Pack, but Mr. Patrick

A. Mike Patrick.
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Q.
is an attorney, told you that
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Mr. Etheridge told him that the Sheriff was there on the scene at the time the tasing and the beatings took
place?
A. He told me that the Sheriff that John
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Etheridge had told him the Sheriff was at the scene of

the Darrin Ring beating and that he may have actually
walked across camera at one point in time on the video.

Q. That's what John Etheridge Mr. Patrick
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said John Etheridge told him?

A. Yes.
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Q.
Okay.
All right.
Well, when we get these
Reporter:

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videos run over to you, why don't you take a look at the
Waverly PD video.
A. Okay.
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Q.
And when you have had a chance to view that

would you let your lawyer know
video, would you allow

it?
A. Yes.
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MR. DAVIDSON:
Okay.
And would you let me
know when you've had a chance for him to review that

video?
MR.
GRIFFITH:
Yeah, but what's the
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purpose?
MR. DAVIDSON: just an old man.
Well, just humor me.
I'm
I just want to kind of know when he's

may want to send you
ready, because I may want to ask
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a written question about it, but I don't want to do that

if he hadn't seen the video.
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MR. GRIFFITH:
Okay.
Yeah,
I'll be glad to
do it.
I just don't know what relevance it would have
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to the allegations made in the complaint, but I'll do

it.
MR. DAVIDSON:
Yeah,
if you don't mind.
Okay.
All right.
I don't have any more questions.
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Reporter:
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EXAMINATION
BY MR.
GRIFFITH:
Q.
I just have one question.
Have you ever
made a statement about Sheriff Davis regarding the
Darrin Ring incident or any other incident that is

willfully false?
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A.
No.
I carefully considered anything I
said.
The post that is the crux of the complaint was
based on a DA's office investigator telling me he was
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present, based on the Sheriff himself telling me that he

was present, based on a deputy's report who showed him
present prior to tasing and leg strikes being administered, and my investigation as a whole including
talking to Darrin Ring who advised what Sheriff Davis
did to him.
MR.
you. FURTHER EXAMINATION BY MR. DAVIDSON:
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GRIFFITH:
That's all
have.
Thank
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Q.
Based on that I've got a couple follow-up
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questions.
In looking at Exhibit No. 2 when I asked you
what you relied upon to make this statement, you don't

mention what Mr. Patrick told you in that, do you?
A.
No, because I can't tell you when

And I don't want to say it
Mr. Patrick told me that.
Reporter:
was before I made that post or that statement or my
2 3
4
comments on the media if it wasn't before and I just

I don't recall.
MR. DAVIDSON:
MR. GRIFFITH:
Okay.
All right.
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Nothing further for me.

1:55 p.m.)
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Reporter:
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STATE OF TENNESSEE ) ) S.S. COUNTY OF DAVIDSON )

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or affirmed to testify the truth; that the proceedings of said deposition were stenographically reported by me
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Nashville, Tennessee. Roxann Harkins, Notary Public State of Tennessee at Large
LCR#:
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204
(Expires 6-30-2014)
July 6, 2015
Reporter:

The Depositions of Chris Davis, Ronnie Toungette and Jake Lockert.

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The Depositions of Chris Davis, Ronnie Toungette and Jake Lockert.

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1 2 3

THE CIRCUIT COURT FOR HUMPHREYS COUNTY, TENNESSEE

taken on behalf of the Defendant

August 17, 2012

BAIN, CLEETON, EVANS, HARKINS & RICHARDSON

An Association of Court Reporters

Nashville, Tennessee 37201 (615) 255-6425

Roxann Harkins, RPR, CRR, LCR

Roxann Harkins, RPR,

For the Plaintiff:

Nashville, Tennessee 37215

For the Defendant

JONATHAN L. GRIFFITH, ESQ.

Nashville, Tennessee 37219

Erik Parks VCE, Inc. 2604 Foster Avenue

Nashville, Tennessee 37210 Also present:

Examination by Mr. Griffith Examination by Mr. Davidson

No. 1....Supplemental narrative report

Roxann Harkins, RPR,

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

All formalities as to notice, caption,

form of the question, are reserved to the hearing.

It is agreed that Roxann Harkins, being a

reading and signing of the completed deposition by the

Roxann Harkins, RPR,

We're on the record at

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

Chris Davis on August 17, 2012.

Will counsel please

This is John Griffith for

Phil Davidson for the

And will the court

reporter please swear in the witness.

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

Good morning, sir.

Would you please state

your name for the record, please, sir?

And what's your current address, please,

81 Florence Street, McEwen, Tennessee

And tell us everybody who lives there with

you at that address.

Roxann Harkins, RPR, CRR, LCR

Me, my wife, my children.

You graduated high school what year?

And after you graduated, tell us

about your educational background after that.

Went to Murray State for approximately a

year and a half, went to Middle Tennessee State

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

Did you get degrees at Murray State or

And then any other college

education after MTSU?

Went part-time to Austin Peay State

Did you get any type of degree from

About 30 hours short of my bachelor's.

the last year that you attended college?

Roxann Harkins, RPR,

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

Let's talk about your work history

after high school.

not talking about work-related type of training classes,

else, I can't think of it.

I did attend, I think, an

English class or something across the summer, one summer