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IN THE CIRCUIT COURT FOR HUMPHREYS COUNTY,


AT WAVERLY

TENNESSEE

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CHRIS DAVIS,

Plaintiff,
VS

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No.

10134

JAKE LOCKERT,
Defendant.

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9

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11
12 DEPOSITION OF JAKE LOCKERT

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taken on behalf of the Plaintiff

August 17, 2012

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BAIN, CLEETON, EVANS, HARKINS & RICHARDSON


An Association of Court Reporters
Suite 201 212 Third Avenue North

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Nashville, Tennessee 31201 (615) 255-6425

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Reported by:

Roxann Harkins, RPR, CRR, LCR

Reporter:

Roxann Harkins, RPR, CRR, LCR

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APPEARANCES

For the Plaintiff:

PHILLIP L.

DAVIDSON

Attorney at Law
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2400 Crestmoor Road Suite 107

Nashville, Tennessee 37215

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For the Defendant:

JONATHAN L. GRIFFITH, ESQ.


Griffith & Roberts 213 Fifth Avenue North Suite 300

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Nashville, Tennessee 37219

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Also present:

Chris Davis

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INDEX

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

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EXHIBITS

No. 1....Facebook posting


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

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No. 4....Waverly Police Department video


No. 5....McCord video

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

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Reporter:

Roxann Harkins, RPR, CRR, LCR

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STIPULATIONS

The Deposition of JAKE LOCKERT was taken by


counsel for the Plaintiff at the Law Office of Charles

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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.

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All formalities as to notice, caption,

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et cetera, are waived.

All objections, except as to the

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

reading and signing of the completed deposition by the


witness are waived.

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Reporter:

Roxann Harkins, RPR, CRR, LCR

JAKE LOCKERT

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


testified as follows:
EXAMINATION

BY MR.

DAVIDSON:

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Q.
record.

Sir, would you state your name for the

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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

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judicial district.

Q.
position?
A.

And how long have you been in that

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Since 1998.

Q.
A.

Okay.

Before that, what did you do?

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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

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client's filed against you regarding defamation in a


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

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that complaint; is that correct?


A. That's correct.

Reporter:

Roxann Harkins, RPR,

CRR,

LCR

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Q.

So the questions I'm going to ask you today

primarily have to do with that.

First of all, do you

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understand what the allegation is against you?


A. Yes.

Q.
A.

Okay.

And what is that?

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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.

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Q.

Now

now, what

if the sheriff, in

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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.

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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

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from committing aggravated assault on Darrin Ring.


Q. Now, the allegations that we find are

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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

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of Exhibit A to the complaint.


A. Let me

Did you post this?

is it the whole thing?

Reporter:

Roxann Harkins, RPR, CRR, LCR

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Q.

This is the whole thing.

A.

All right.

(Witness reading document.)

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I'm sure I did.

I mean, I don't have independent

recollection, but I'm confident I did.


name.

It's under my

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MR. GRIFFITH:

Let's make this Exhibit 1.

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

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1.)

Q.

Now, the part that we're concerned with

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


A. Okay.

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Q.

It says that he failed

he being the

sheriff, failed to perform his duties by standing by and

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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?

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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

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

Reporter:

Roxann Harkins, RPR, CRR, LCR

returned against him.


misconduct is in

Sheriff Davis committed

is in beating the handcuffed and

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helpless Darrin Ring in the jail cell and allowing him


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

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Q.

Criminal conduct

criminal because his

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

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Q.

Now, after we filed this lawsuit against

you, we sent you a set of discovery responses.

Let me

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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

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(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

2.)

Q.

In Exhibit No. 2

MR. DAVIDSON:

Do you have a copy of these

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

Reporter:

Roxann Harkins, RPR, CRR, LCR

BY MR.

DAVIDSON:

Q.

Mr. Lockert, on page 3


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

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these real quick.


MR. GRIFFITH: Yeah.

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MR.

DAVIDSON:

That would be the easiest

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

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Q.
A.

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


Okay.

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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

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not paragraph 7.
original says 2.

Should be paragraph 2.

I think my

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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

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that Chris Davis was present at the scene of the Darrin


Ring beating. John Etheridge advised me of the same.

Mr. Etheridge also advised me that Sheriff Davis was


there but not in front of the cameras.

Reporter:

Roxann Harkins, RPR, CRR, LCR

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

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

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Q.

Well, let me pass it to you.

A.

All right.

(Witness reading document.)

Yes, I have seen it.


MR.
Exhibit No. 3.

DAVIDSON:

Let's make this

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(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

3.)

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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

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that Sheriff Davis was present during the beating of

Darrin Ring.

I did not tell Mr. Lockert that Sheriff

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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

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regarding whether the sheriff was there at the time that


Darrin Ring was beaten?

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A.

John Etheridge did, in fact, tell me that

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Sheriff Davis was at the scene of the Darrin Ring

Reporter:

Roxann Harkins, RPR, CRR, LCR

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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.

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Q.

Well, you would agree that the affidavit

speaks for itself.


right?
A. Yes.

Whatever it says is what it says;

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Q.

He said, I did not tell Mr. Lockert Sheriff

Davis was present during the beating of Darrin Ring.

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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

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Attorney Etheridge told me that Chris Davis was present


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

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John Etheridge

Mr. Etheridge also advised me

Davis was there but not in front of the cameras.

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

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denying what you write in your interrogatories.


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

Can you

A.

My statement says that he advised me that


His

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

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

Reporter:

Roxann Harkins, RPR, CRR, LCR

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scene.

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Q.
the same.
A.

Well, it says John Etheridge advised me of

Yes

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Q.
A.

Mr. Etheridge advised me.


Exactly.

Q.

So you think there's a difference between

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somebody advising you and somebody telling you?


what you're saying?
A. No.

Is that

Q.

Okay.

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A.

I'm saying he told me that the Sheriff was

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


on camera.

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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.

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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.

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Q.

Now, at what point did you receive


You were the defense

first

of all, let's establish this.

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attorney for Darrin Ring; correct?


A. I and one of my assistants, yes.

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Reporter:

Roxann Harkins, RPR, CRR, LCR

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2
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Q.

Okay.

And Darrin Ring was arrested on

this incident happened on January 27, 2011; correct?


A. I

Q.

Somewhere around that time?

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A.

Yeah, I don't know my personal knowledge,

but it was very early.

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Q.

And then you became involved in this case

in July of 2007 (sic)?


A.
Q.

Me personally?
Yeah.

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A.

Or my office?

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jpsx

Q.

Or your office.

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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.

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Q.

When did you personally start becoming

involved in this case?

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A.

I'm going to estimate in June Assistant

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Dawn Kavanagh came to me with discovery which included

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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

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to

having just started out down here to have to take

the brunt of any negative reaction for exposing what had

Reporter:

Roxann Harkins, RPR, CRR, LCR

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happened.

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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

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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.

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Q. City

You've never seen the videos from the

Waverly Police Department?

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j^i^v

A.

The only video that I've seen is the one

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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

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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.

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Q.

Well, at some point did you

so it's your

testimony today you've never seen the video from the

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Waverly Police Department; is that right?


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

Reporter:

Roxann Harkins, RPR, CRR, LCR

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Q.

Okay.

A.
the fact.

Was not aware of other videos until after

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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

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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

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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

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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

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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

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DAVIDSON:

McCord video, let's make that No.

Exhibit No.

Reporter:

Roxann Harkins, RPR, CRR, LCR

MR. DAVIS:
want me to.

I can have them copied if y'all

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MR. GRIFFITH:
MR.
the exhibit is.

Yeah, I'd like you to.


Exhibit No. 5. Or whatever

DAVIDSON:

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(Whereupon, the above-mentioned documents


were marked as Exhibits Nos. 4 and 5.)

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MR. DAVIS:
copied?
MR.

Do you want me to have those

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DAVIDSON:

Can we release them to him

to have them copied and then you can

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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

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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

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and have the sheriff make copies for them.

MR. DAVIS:

I'll try to get them to run by

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while we're here and bring them back.


MR. GRIFFITH:
Thanks.

Okay.

That'd be great.

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Reporter:

Roxann Harkins, RPR, CRR, LCR

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BY MR.

DAVIDSON:

Q.

When did you obtain the complete report

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from the file of the criminal case?

A.
officers?

You mean the various reports from the

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Q.

Yes.

To prepare your defense of this

gentleman.
A.

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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.

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Q.

Of 2011?

A.

Yeah.

I don't know when they were received

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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

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about the McCord video?

That's Exhibit No. 5.

remember at any point in that seeing the sheriff in that


video?

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A.

Do not remember seeing or hearing the

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sheriff in that video.

Q.

Okay.

And when you answered this discovery

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#**"-

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


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

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Reporter:

Roxann Harkins, RPR, CRR, LCR

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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

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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

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Q.

Well, did the video that you had enhanced

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

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J^'

A.

No, the video simply showed me that the

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

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Q.

Well, did the video show you the sheriff

was on the scene?

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A.

The video did not show that he was on the

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Q.
A.

Then how did you know he was on the scene?


I'd been told by a district attorney's

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

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A.

That was John Etheridge.

He also told

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/0^'-

another attorney, Mike Patrick, that he was there.

Mike

had advised me that John Etheridge had told him that.

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Q.

Oh, so Mike Patrick told you that John

Reporter:

Roxann Harkins, RPR, CRR, LCR

17

Etheridge had told him that?

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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

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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

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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

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stop to it as the chief law enforcement officer.


Q.
there?

Did you interview the officers who were

A.

The

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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

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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:

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Q.

Did any of their lawyers indicate to you

Reporter:

Roxann Harkins, RPR, CRR, LCR

18

1 2 3 4 5

that the sheriff was there at the scene?

A.

No, I didn't ask.

Q.

Now, Exhibit No. 1 had to have been created


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

after the ouster suit


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

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

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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

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would have seen it prior to that.

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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.

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Q.

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

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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.

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Q.

Okay.

This is a video that we received of

Reporter:

Roxann Harkins, RPR, CRR, LCR

this Tea Party meeting, probably need to make

I want

2
3

to make that the next exhibit.


a copy of that too.

And if you can make him

4
5 before?

MR. GRIFFITH:

Was that provided to us

MR. DAVIDSON:

Should have been.

I sent

all those CDs in.

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

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10

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

6.)

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.jfjPN

Q.
suit?

What was your involvement in the ouster

13

A.

JP Bradley and Mike Patrick in court one

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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

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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.

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21

I found a form petition for ouster online.


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

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one.

I told him that I had not,

and I forwarded the

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

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25

petition.

I also provided information to him based on

my interviews with various witnesses.

Reporter:

Roxann Harkins, RPR, CRR, LCR

20

Q.

I'm going to show you a document here and

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ask you if this is if you recognize this document.


Have you ever seen that document? A.
Q.

I just got it.


Sure, I'm sorry.

Let me look.

A.

(Witness reading document.)

Yes.

Q.

Did you prepare that?

A.

The petition I did not prepare.

That was

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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

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next exhibit, please.

Let me get a clip here.

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

7.)

18
19 Mr.

Q.
Lockert.

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

20

A.

Okay.

21

Q.

I want to go over some stuff here to make

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23

sure I understand where you got this.

You say in No. B

that Sheriff neglected his duty to obtain proper medical

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25

treatment by taking him or having him transported to the


hospital room with no pants on.

Reporter:

Roxann Harkins, RPR, CRR, LCR

21

JPN

A.

Yes.

Q.

Okay.

So that Darrin Ring was too

3
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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

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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

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there that he spit on the nurse and refused to


refused treatment?

22
23 evidence.

MR. GRIFFITH:

Objection, facts not in

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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

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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.

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9
10

Q.

Do you know that it was the Sheriff that

asked for the blanket to be brought out?


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

11

Q.

Now, who told you that the Sheriff took

12
/#^u-

part in beating him while his hands were cuffed at his


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

13
14

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16

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


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

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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

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23

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

24
#*

One of those inmates advised he was so

25

upset he called his father.

I talked to his father.

He

Reporter:

Roxann Harkins, RPR, CRR, LCR

23

advised that this inmate had called him and advised him

2 3
4

that he needed to get help to the jail because the


Sheriff was kicking the guy in the cell.

Q.

Now, you were

you heard

you were here

5 6 7
8

during the Sheriff's deposition; correct?


A. Yes, I was.

Q.

And there was some mention of some

Sheriff was asked a question about a posting that you


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

9
10

11
12 13
14

Q.
A.

Did you make that posting?


I did.

Q.
juror?

How did you get a statement of a grand

15 16
17

A.

I had one or more people who relayed to me

that they had talked to a grand juror who had advised


that the district attorney had only offered to show the

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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.

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23 24

In conjunction with that, I knew from my

experience the way the grand jury was handled that it


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

And I

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

24

1
2
3

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

Scott asked me if I would be able to get a

5
6 7

grand juror who would be willing to come forward and


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

testify in regard to what was testified to in grand

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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?

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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
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23

(Whereupon, the above-mentioned document


was marked as Exhibit No.
BY MR. DAVIDSON:

8.)

24
jP^N

Q.

Okay.

Where is the statement that the

25

grand juror made?

Reporter:

Roxann Harkins, RPR, CRR, LCR

25

A.

There is no written statement.

2
3

Q.
statement?

Who was the grand juror that made the

A.

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

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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

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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.

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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.

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23

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

don't remember who told you that?

24
J0^\ 25 answered.

MR. GRIFFITH:

Objection, asked and

Reporter:

Roxann Harkins, RPR, CRR, LCR


26

JPN

BY MR.

DAVIDSON:

Q.

Correct?

A.

No, I don't

I don't recall the name of

4
5 6 7
8
9

the person.

They contacted me simply to tell me this is


And then

something that you might want to look into.

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

believe there was something to it.

10
11 that

Q.

Now, I want to go back to the

where is

where is that exhibit, first exhibit to Mr.

12 13 14
15

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

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

Thank you.

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

understand today, that nobody from the TBI or any other

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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:

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25

(Whereupon, a break was taken from


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

Reporter:

Roxann Harkins, RPR, CRR, LCR

27

i$pN

BY MR.

DAVIDSON:

2 3
4
5

Q.

I just have a few more questions.

Mr. Lockert, do you ever publish documents under the


website of Support Darrin Ring?
statements on that?

Did you ever make

6
7

A.
Q.

Did I make posts on it?


Yeah.

A.

I have posted on that site, but I have

9
10

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


asking.

11

Q.

Okay.

You never made any posts that you

12
j$pfc\

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


there?

13

14 15

A. Q.

Absolutely not. Okay.

Never.

16
17 name.

A.

I stand by everything I say and use my

18

Q.

I want to make sure I understand this

19

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

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22

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

23
24

Q.
A.

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

25

told that David Daniels with the City was very

Reporter:

Roxann Harkins, RPR, CRR, LCR

28

1
2 3 4

cooperative with Mr. Etheridge excuse me, with


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

But the only video that I have seen and the

5
6 7

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

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

9 10
11 12

That's the

Q.
Pack

And you also have testified that David

not David Pack, but Mr. Patrick


A. Mike Patrick.

13
14

Q.

is an attorney, told you that

15 16
17

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

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21

Etheridge had told him the Sheriff was at the scene of


the Darrin Ring beating and that he may have actually

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


Q. That's what John Etheridge Mr. Patrick

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23

said John Etheridge told him?


A. Yes.

24 25

Q.

Okay.

All right.

Well, when we get these

Reporter:

Roxann Harkins, RPR, CRR, LCR


29

1 2

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

3
4 5

Q.

And when you have had a chance to view that


would you let your lawyer know

video, would you allow


it?
A. Yes.

6
7

8 9 10
11

MR. DAVIDSON:

Okay.

And would you let me

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


video?

MR.

GRIFFITH:

Yeah, but what's the

12 13
14 15

purpose?

MR. DAVIDSON: just an old man.

Well, just humor me.

I'm

I just want to kind of know when he's


may want to send you

ready, because I may want to ask

16
17

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


if he hadn't seen the video.

18
19

MR. GRIFFITH:

Okay.

Yeah,

I'll be glad to

do it.

I just don't know what relevance it would have

20 21
22 23 24

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


it.

MR. DAVIDSON:

Yeah,

if you don't mind.

Okay.

All right.

I don't have any more questions.

25

Reporter:

Roxann Harkins, RPR, CRR, LCR

1 2 3
4 5

EXAMINATION

BY MR.

GRIFFITH:

Q.

I just have one question.

Have you ever

made a statement about Sheriff Davis regarding the

Darrin Ring incident or any other incident that is


willfully false?

6
7 8

A.

No.

I carefully considered anything I

said.

The post that is the crux of the complaint was

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

10 11 12 13
14

present, based on the Sheriff himself telling me that he


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

15

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17

GRIFFITH:

That's all

have.

Thank

18

19
20

Q.

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

21
22 23 24 25

questions.

In looking at Exhibit No. 2 when I asked you

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


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

A.

No, because I can't tell you when


And I don't want to say it

Mr. Patrick told me that.

Reporter:

Roxann Harkins, RPR, CRR, LCR

was before I made that post or that statement or my

2 3
4

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


I don't recall.

MR. DAVIDSON:
MR. GRIFFITH:

Okay.

All right.

5
6
7

Nothing further for me.

(Whereupon, the deposition was concluded at


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

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Reporter:

Roxann Harkins, RPR, CRR, LCR

2 3
4 5 6

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

I, Roxann Harkins, Notary Public and Licensed


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

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

8
9

hereof; that the deponent therein was duly sworn on oath


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

10 11
12

true and correct transcription of said proceedings to


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

13
14
15

of, employee or attorney or counsel of any of the

16
17

parties hereto, nor do I have any interest in the


outcome or events of this action.

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23

IN WITNESS WHEREOF, I have hereunto affixed my

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


Nashville, Tennessee.

Roxann Harkins, Notary Public State of Tennessee at Large

LCR#:
24
25

204

(Expires 6-30-2014)

My Commission Expires:

July 6, 2015

Reporter:

Roxann Harkins, RPR, CRR, LCR