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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON


JAMES P. CHASSE, JR.; JAMES )
P. CHASSE; LINDA GERBER; and )
MARK CHASSE, individually and )
in his capacity as Personal
Representative of the ESTATE )
OF JAMES P. CHASSE, JR.;
)

)
COPY
)
Plaintiffs, )
1
vs . ) NO. CV-07-0189-HU
)
CHRISTOPHER HUMPHREYS; KYLE )
NICE; CITY OF PORTLAND; CITY )
OF PORTLAND JOHN DOE )
FIREFIGHTERS/PARAMEDICS; )
PORTLAND POLICE BUREAU and )
OTHER PORTLAND JOHN and JANE )
DOE OFFICIALS; BRET BURTON; )
MULTNOMAH COUNTY; MULTNOMAH )
COUNTY JOHN AND JANE DOE )
DEPUTY SHERIFFS and MEDICAL )
PERSONNEL; MULTNOMAH COUNTY )
JOHN AND JANE DOE SHERIFF'S )
OFFICE and OTHER OFFICIALS; )
TRI-COUNTY METROPOLITAN 1
TRANSPORTATION DISTRICT OF )
OREGON; and AMERICAN MEDICAL )
RESPONSE NORTHWEST, INC., 1
1
Defendants. )
)
DEPOSITION OF
JAMIE MICA MARQUEZ
Taken in behalf of Defendants
* * *
August 7, 2008
1211 S.W. Fifth Avenue
Portland, Oregon

.
,.. ~. - J. Lehmann, CS
Robert
Court Reporter
400 Columbia, Suite 140
Vancouver, WA 98660
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C O U R T R E P O R T E R S
12 1 SW Morrison St., Suite 850
Portland, OR 97204
13601 695-5554 1503) 223-4040
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Jamie Mica Marquez, 8/7/2008 Chasse v. Humphreys, et al.
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APPEARANCES:
For the Plaintiffs: MR. THOMAS M. STEENSON
Attorney at Law
Suite 500
815 S.W. 2nd Avenue
Portland, OR 97204
For the Defendants, MR. JAMES RICE
City of Portland MR. DAVID A. LANDRUM
and Christopher Deputy City Attorneys
Humphreys: Room 430
1221 S.W. 4th Avenue
Portland, OR 97204

For the Defendant, MS. ELIZABETH A. SCHLEUNING


AMR: Attorney at Law
Suite 1900
1211 S.W. 5th Avenue
Portland, OR 97204

For the Defendants, MS. SUSAN M. DUNAWAY


Multnomah County and Attorney at Law
Bret Burton: Suite 500
501 S.E. Hawthorne Street
Portland, OR 97214

Also Present: Mr. Steven Kraemer

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1 INDEX

2 EXAMINATION BY: PAGE NO.

3 Mr. Rice 4 - 103

4 Ms. Dunaway 103 - 110

5 Ms. Back 110 - 114


6 Mr. Steenson 114 - 117

7 Mr. Rice 117 - 124

8 Ms. Dunaway 124


9

10 EXHIBITS

11 No. 313 Photograph


12

13

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PORTLAND, OREGON; THURSDAY, AUGUST 7, 2008


2:58 p.m.
* * *
JAMIE MICA MARQUEZ
called as a witness in behalf of the Defendants,
having first been sworn by the Reporter,
testifies as follows:
EXAMINATION
BY MR. RICE:
Q. Would you state your full name for the
record, please?
A. Jamie Mica Marquez.
Q. And would you spell your last name for us,
please?
A. M-A-R-Q-U-E-2.
Q. Mr. Marquez, my name is Jim Rice, and I'm a
Deputy City Attorney with Portland. I'm an attorney.
A. Uh-huh.
Q. We're here to take your deposition today.
Have you ever had your deposition taken before?
A. No, I have not.
Q. Has anyone had the chance to talk to you
about what a deposition is?
A. No.
Q. Okay. Well, this is a civil case, meaning

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it's a case involving money, and in cases like that


people have the opportunity to, or lawyers, I should
say, have the opportunity to bring people in and ask
them questions before we go to trial. It gives the
lawyer, all the lawyers in the room, an idea of what
it is that you know about a particular matter, so I'm
going to be asking you questions and you need to
answer those questions. Do you understand that?
A. Uh-huh.
Q. The other thing we're going to do is we're
going to help our court reporter here in every way we
can, so when I ask you a question, you're nodding to
me and I know what you mean, but it makes it difficult
for the court reporter to take that down.
A. Okay.

Q. So I'll ask you to give affirmative, yeses,


noes, and speak out loud. All right?
A. Of course.
Q. Another thing we're going to do to help the
court reporter is we're going to do our very best to
have only one person talk at a time so he can take all
this down.
A. Okay.

Q. So what I'd like you to do is to wait for me


to completely finish my question, and I'll try and let

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you completely answer your question before I begin the


next one.
A. Understood.
Q. If you don't think you understand a word, you
think the question is garbled somehow, would you stop
me, and I'll try and rephrase it in a way that makes
sense to you.
A. Certainly.
Q. Have you had enough sleep last night so you
can answer our questions here today?
A. Yes.

Q. Are you under any kind of medication or


anything like that that would make it difficult for
you to answer this?
A. None whatsoever.

Q. The incident we're talking about happened


back in September of 2006. People are involved in all
kinds of accidents, they may have head trauma,
something like that may be affecting their memory in
some way. Have you had anything like that happen?
A. Nothing of the type.
Q. If you want to take a break at some time
today, you can do that. All you have to do is answer
the question being asked, then say, I want to take a
break. You can have a glass of water, use the

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restroom, just take a break. Okay?


A. All right.
Q. Have you reviewed any documents before coming
in here today?
A. Yes, I have.
Q. And did you bring documents with you that you
were requested to bring as part of the subpoena?
A. Yes, I did.

Q. Can I take a look at those, please?


A. Of course.

Q. Sure.
A. This is my transcription of the telephone
interview that I had with Detective Courtney.
14 Q. All right. That's one item.
15 A. And several documents that I pulled off the
16 Web.
17 Q. All right. So these are things that you've
18 downloaded from the Internet; is that right?
19 A. Yes.
20 Q. And they pertain to Mr. Chasse?
21 A. Yes, they do.
22 Q. And did you read those documents at some
23 point?

25 Q. There's a date on this one document. It

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1 says, 5:41 p.m. on September 22nd, 2006. Is that
2 around the time you read this?
3 A. I believe the time that I read it was the day
4 after the incident happened.
5 Q. All right. And do you have other documents
6 there that you've downloaded?
7 A. Oh, a whole plethora of them.
8 Q. Okay.
9 A. I believe this is the first one, because it
10 has the actual. . .
11 Q. What you're handing me here are downloads off
12 the Internet of Oregon Live; is that right?

14 Q. Is that a place that you obtain news


15 typically?
16 A. No, it's not.
17 Q. Do you subscribe to '!TheOregonian"?
18 A. No, I don't.
19 Q. Do you read "The Oregonianu regularly?
20 A. Yes.
21 Q. Okay. And do you read it in its paper format
22 or do you read it in the electronic format?
23 A. Paper format.
24 Q. And these are all downloaded, so when it came
25 to - - do all these documents that I see here in front

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of you from Oregon Live, do they all pertain to


Mr. Chasse?
A. Yes, they do.
Q. And were you following the Chasse incident
while you were online?
A. Yes, I was.
Q. And that's why you downloaded them; is that
right?
A. Correct.
Q. And I'm just going to kind of keep - - I'll
try to keep them in order, here, too, as you're
handing them to me, and I'm just generally seeing what
they are without reading them in their entirety.
A. Okay.
Q. I note there's another document here that
looks like it was downloaded from KATU, and that's
Channel 2, the television station; is that right?
A. That's correct.
Q. So, when you have been following the Chasse
story, you've both been looking at Oregon Live and
also going to other Internet sites; is that right?
A. That's correct.
Q. The one we have here from Channel 2 looks
like it was from September 18th, 2006, although the
download makes it perhaps look like it was the next

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day when you did that.


Were you typically going to KATU and
following the story there as well in addition to ''The
Oregonian"?
A. I was searching multiple Web sites. I wasn't
stuck to just one.
Q. All right. And when you were searching on
the Internet, was there a phrase that you usually used
to do that?
A. Key words I used were Portland Police
custody, and I believe beating, and it came up.
Q. Okay. And you've now handed me a different
document, but it's similar to the prior one. This one
is from KGW, so that's another Web site you took a
look at in following the story; is that right?
A. That's correct.

Q. You've handed me another one, and this looks


like it s from the "Portland Tribune", again
downloaded from the Internet; is that right?
A. That's correct.

Q. This looks like, again, September 19th, 2006.


You've handed me another one, which is from
"The Mercury", which is a local weekly newspaper; is
that right?
A. That's correct.

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1 Q. Do you typically read "The Mercuryu?
2 A. Yes, I do.
3 Q. And do you read that online or do you read
4 that in the paper format or both?
5 A. Both.
6 Q. This looks like it's from September 22nd,
7 2006. And again this is captioned Death in Custody.
8 And that's about Mr. Chasse; is that correct?

9 A. That's correct.
10 Q. There's another download, again you're
11 handing me from the "Portland Tribune" from - -
12 downloaded on September 20th, 2006, regarding
13 Mr. Chasse as well.
14 Does that - - the pile you've given me, does
15 that complete what you have downloaded off the
16 Internet in what I'm going to call newspaper format?
17 A. Yes, it is.
18 Q. I'm going to put these in a neat - - I'll try
19 to neaten up the pile a little bit.
20 A. Okay.
21 Q. 1'11 keep putting those there and try to keep
22 them in the same order you gave them to me.
23 A. Okay.
24 Q. Can you tell me what else you reviewed before
25 coming in here?

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A. A lot of the newspaper articles that were in


paper form, print form.
That's the one article.
Q. Okay. And what you've handed me is a copy of
"The Oregonian" from Friday, September 22nd, 2006.
There's an article by Maxine Bernstein; is that right?
A. That's correct.
Q. And what you're giving to me, I guess, really
is one section of that day's newspaper, and it's the
Metro section; is that right?
A. That's correct.
Q. You have now handed me a copy of "The
OregonianM, Tuesday, September 18th, 2007. This looks
like it's the editorial page; is that right?
A. That's correct.
Q. At the bottom of that there is a segment of
it called Remembering James Chasse's Death; is that
right?
A. That's correct.
Q. And I'm going to just open that up. And
again that's the Metro section of the newspaper from
Tuesday, September 18th; is that correct?
A. That is correct.
Q. Let me fold this up and I'll try and keep
everything neat here.

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A. Okay.
Q. And then you have given me a front page from
"The Oregonian" in paper format, Wednesday, October
18th, 2006, and on the front page of that, below the
fold, there's an article, No Indictment in Chasse
Death, again an article by Maxine Bernstein of "The
Oregonianw; is that correct?
A. That's correct.
Q. And the next thing you're giving me is a copy
of "The Oregonian", Friday, September 26th - - excuse
me, 29th, 2006, and there is an article on the front
page called Losing Jim Jim. A Story of Schizophrenia;
is that correct?
A. That's correct.
Q. And again that was written by Maxine
Bernstein?
A. Uh-huh.
Q. You have handed me another copy of a
newspaper, "The Oregonian" newspaper, Thursday,
September 21st, 2006, and in the Metro section, below
the fold, there is an article, Witness Shocked By
Force Police Used in Encounter, again by Maxine
Bernstein; is that right?
A. That's correct.
Q. You have handed me a copy of "The Oregoniann,

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Wednesday, October 4th, 2006, and this one has a red
banner on the front that says Final Street Edition; is
that correct?
A. That's correct.
Q. And below the fold on the right side, there
is an article, Injury List a Long One in Struggle With
Police; is that correct?
A. That's correct.
Q. And again that's by Maxine Bernstein?
A. That's correct.
Q. The next thing you've given me, appears to be
part of "The MercuryM newspaper; is that correct?
A. That's correct.
Q. And that's the weekly newspaper here in
Portland?
A. Yes, it is.
Q. And there is a date on this one of appears to
be September 28, 2006; is that right?
A. That is correct.
Q. And there is an article captioned Death in
Custody; is that correct?
A. That is correct.
Q. And Matt Davis is the writer of that?
A. He is.
Q. Do you know Matt Davis?

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A. Not personally. I have spoken with him on


occasion.
Q. All right. You've handed me an article, on
Monday, September 17th, of '!The Oregonian", and this
is a front page story, Anger Over Police Death Still
High; is that correct?
A. That's correct.
Q. And again that's an article this time by
Aimee Green is how I'm going to pronounce her name.
A. I would agree with you on that.
Quick interjection. I don't have the photos
that I took with the phone, but all the photos that I
took are pretty much of this scenario there, so - -
those are from my phone itself.
Q. And what you're showing me is, on the front
page of the newspaper, there are two photographs; is
that right?
A. Correct.
Q. There's an upper photograph. It looks like a
Polaroid picture with some dark shading on it.
A. Correct.
Q. Did you take that picture?
A. No, I didn't.
Q. And then down below, there is a smaller
photograph that shows what looks like a series of

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police officers, paramedics, and perhaps fire bureau


people, and Mr. Chasse is on the ground; is that
right?
A. That is correct.
Q. And that photograph was taken near the
intersection of N.W. Everett Street and N.W. 13th; is
that right?
A. That is correct.
Q. And did you take that photograph with a
camera?
A. With a camera phone.
Q. And were you standing on the Blue Hour patio
when that happened?
A. Yes, I was.

Q. We'll talk about that a little bit later.


A. Okay.
Q. Have you taken any other photographs other
than that picture that you've seen in the media?
A. I've taken several, but not that have been
printed in the media.
Q. Okay. The next document you're handing me
looks like, yes, a copy of the "Willamette Week" and I
see a date down here October 25, 2006; is that
correct?
A. That is correct.

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1 Q. And there is an article captioned Case Not
2 Closed; is that correct?
3 A. That is correct.
4 Q. And there is a black-and-white photograph
5 that appears in that picture, and that's the same
6 picture that we just looked at on the front page of
7 "The Oregonian"; is that correct?
8 A. Yes.
9 Q. And the only difference between those two is
10 this is a black-and-white photograph. Right?
11 A. Of course.
12 Q. The next thing you're handing me is a
13 complete copy of llWillamette
Week", it appears, or at
14 least a significant part of it, dated November lst,
15 2006?
16 A. That is correct.
17 Q. And there is a reddish cover on the front of
18 "Willamette Weekn, and is it a copy of your photograph
19 or do you think that's a graphic representation of
20 your photograph?
21 A. It's a graphic representation of the
22 photograph.
23 Q. And that's the same photograph we've talked
24 about that was in the prior "Willamette Weekn and also
25 the front page of "The Oregoniann?

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A. That is correct.
Q. The next item you're handing me here is a
copy of #'TheTribune". I'm going to call this the
first section of the paper. Does that sound correct
to you?
A. That's correct.
Q. And it's dated Tuesday, October 31st, 2006?
A. That's correct.
Q. And there is an article on the front page
here saying Force By Numbers; is that right?
A. That is correct.
Q. And it looks like it was written by Jacob
Quinn Sanders; is that right?
A. That's right.
Q. Do you have any photographs that you took
that they used in this story?
A. No, I don't.
Q. The next thing you're handing me appears to
be - - yes, it's a segment of the "Willamette Weekv
that was published on November 15th, 2006.
A. That's correct.
Q. And the article there, it looks like it's
called Tackling the Issue; is that right?
A. That is correct.
This was just a letter that was sent in.

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Q. Okay. And the next item you're handing me is


a section called Letters to the Editor, and this is
from the Portland "Mercury"; is that right?
A. That is correct.
Q. And it looks like the date there is November
2nd, 2006?
A. That is correct.
Q. And what you've pointed out to me is there is
a letter to the editor called Untraining the Cops; is
that right?
A. Correct.
Q. The next thing you're handing me is a copy of
the "Portland Tribune", again it looks like it's that
first section of the newspaper; is that right?
A. That is right.
Q. And the date on this one is Friday, October
27th, 2006?
A. Correct.
Q. And again there's an article here that
pertains to Mr. Chasse, I assume. It's called Cops
Have History of Force; is that right?
A. That is correct.
Q. And again Jacob Quinn Sanders is listed as
the person that wrote the article?
A. That's correct.

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Q. The next you're giving me is the first
section of "The Oregonian" newspaper, it looks like
Friday, October 27th, 2006; is that right?
A. That's correct.
Q. And in the upper left corner above the fold,
there is an article captioned, Officer in Chasse Case
Faced 2005 Complaint; is that right?
A. That is correct.
Q. Again, written by Maxine Bernstein and it
also has the name Steve I'm going to say Suo
(phonetic) might be his name?
A. I would agree with you.
Q. The next item you have here is a segment of
the Portland "Mercury" from October 26, 2006?
A. That is correct.
Q. And there is a story in the top part of that
indicating Mistrial By Jury; is that right?
A. That's correct.
Q. And the author of that is Matt Davis?
A. Correct.
Q. And it looks like the last newspaper article
you're giving me comes from the Portland "Mercury",
October 26, 2006?
A. Correct.
Q. And there is an article that has a large

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caption, Putting 5,801 - - excuse me, $581,550 Where


Your Mouth Is; is that right?
A. That is correct.
Q. And that one is written by Matt Davis?
A. That is correct.
Q. And am I correct in thinking that that is a
complete pile of the copies of the newspapers that
you've retained regarding James Chasse?
A. That is correct.
Q. Do you have any other, any other newspaper
articles anywhere?
A. Only on my computer saved as bookmarks, which
I didn't print up for this.
Q. But there's no physical part of the
newspaper?
A. NO.

Q. What else have you saved regarding


Mr. Chasse?
A. The subpoena.
Q. Okay. Thank you.
A. To the grand jury.
Q. And this is a grand jury subpoena issued by
the Multnomah County District Attorney's Office?
A. That's correct.
Q. And at the time of your appearance here, it

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looks like it's October 3rd, 2006, at 9 : 4 5 a.m.?


A. That's correct.
Q. And did you attend the grand jury?
A. Yes, I did.
Q. And this subpoena is what you got you there;
is that correct?
A. That is correct.
Q. How about if I put this in a different pile
and keep things in order there for you.
A. Okay.
Q. The next document you've handed me is a
letter dated October 14, 2006?
A. That is correct.
Q. And it's addressed to you?
A. Uh-huh.
Q. And it is on letterhead of the City of
Portland, Oregon, Bureau of Police; is that right?
A. That is correct.
Q. And it looks like it was signed by John A.
Tellis?
A. That is correct.
Q. And this letter indicates, This letter is to
acknowledge the receipt of your complaint forwarded to
us by the Independent Police Review Division regarding
the actions of members of the Portland Police Bureau.

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This incident occurred on September 17th, 2006, at
Northwest 13th and Everett and involves allegations
relating to the use of force.
Investigations of complaints are conducted by
the Internal Affairs Division or at the precinct
division and a sergeant supervisor will be
contacted -- will be in contact with you.
Your complaint has been assigned to Sergeant
Barkley and Rodriguez of this office. The telephone
number for Sergeant Barkley is 503-823-0973.
Your complaint has been given IAD case number
2006-B-0016. If the investigation of your complaint
exceeds 10 weeks, you'll be notified by letter of the
reason for the delay. Sincerely, and it looks like
John Tellis, captain, Internal Affairs Division; is
that right?
A. That is correct, and this is the letter that
prompted that.
Q. And this is a letter that you've handed me.
It has the City of Portland, Oregon, symbol at the
top. It says City of Portland, Office of the Auditor,
Independent Police Review Division, and it's addressed
to Jamie Marquez, 2417 S.W. Corbett Avenue, Portland,
Oregon, and it has case number 2006-B-0016.
It says, Dear Mr. Marquez: On 9-18, 2006,

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the Independent Police Review Division, has a bracket,
capital IPR, received your complaint about officers of
the Portland Police Bureau and the death of James
Chasse. This letter is to inform you that your
complaint was received, and now that a criminal
investigation is complete, the case will be reviewed
by the Portland Police Bureau's Internal Affairs
Division, bracket, IAD, end of bracket. You may be
called by an IAD investigator for additional
information. And then in bold print it has, if your
address or phone number changes before the case is
complete, it's extremely important you let us know as
soon as possible. And it's signed by Leslie Stevens;
is that right?
A. That is correct, and that's the extent of the
documents I have on this.
Q. And did you read - - reread these articles
before you came down here today?
A. No, I didn't.
Q. I'm going to hand these back to you.
A. Of course.
Q. Can you tell us what your address is?
A.
Q. And what's your date of birth?
A. July 17th, 1973.

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Q. Have you gone by any other names other than
the name you've given us here today?
A. No, I haven't.
Q. How tall are you?
A. I am five-foot-eight.
Q. And where were you born?
A. Repeat the question.
Q. Where were you born, your place of birth?
A. I was born in Sacramento, California.
Q. Did you have a chance to go to high school?
A. Yes, I did.
Q. Did you graduate from high school?
A. No, I didn't.
Q. Have you had any education beyond you leaving
high school?
A. Yes, I have.
Q. And what kind of educational background do
you have beyond high school?
A. Junior college.
Q. And where did you go to junior college?
A. I am now attending Portland City College, PCC
Cascade, and I have attended junior college down in
Sacramento, also.
Q. And was the one in Sacramento prior to
attending PCC?

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A. Yes, it was.
Q. When did you go to school down in Sacramento?
A. '92 to '94.

Q. When you were in school, did you have a


principal area of study or major of some kind?
A. Yes. It was actually criminal law and
EMT/paramedic.
Q. And the years you gave me sounds to me like
you went there for three years; is that right?
A. Two years.
Q. Two years, and did you go continuously or did
you skip - - is it quarters or semesters down there?
A. It's semesters.
Q. Did you go each semester or did you take some
semesters off?
A. I took some semesters off.
Q. Were you working at the same time?
A. Yes, I was.
Q. And what kind of job did you have down there
in Sacramento?
A. I was working construction.
Q. Was the EMT program one whose purpose was to
give someone a degree or certification of some kind?
A. Certification for EMT.
Q. Okay. And since that's down in California, I

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may not be -- I am not familiar with their standards
down there. Did you end up getting a certificate from
the school?
A. No, I didn't.
Q. Why was that?
A. I had to drop out for work.
Q. So it was employment that caused you to
terminate your education; is that right?
A. Yes, it was.
Q. And how many semesters did you go to junior
college down there?
A. Three.
Q. Okay. And how many courses did you take that
involved the EMT work?
A. Two.
Q. Okay.
A. EMT Training and Advanced First Aid.
Q. All right. And EMT Training, was that a
one-semester course?
A. Yes, it was.
Q. Was there a certain number of credit hours
that went with that?
A. Yes.
Q. And how many was that?
A. I don't have that answer at this time.

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Q. All right.
A. I don't remember.
Q. Were you going full-time or were you doing
both work and school at the same time?
A. Both work and school at the same time.
Q. Was it the kind of course you would take in
the evening after working during the daytime, or how
did that work?
A. Yes, correct.
Q. So you were going in the evening and taking
the EMT course?
A. Yes, I was.
Q. When you were taking that first EMT course,
were you taking other courses as well?
A. Yes, I was.
Q. What kind of courses were you taking?
A. I was taking criminal law.
Q. And that would be two. Any others?
A. Astronomy .
Q. All right. Is that sort of unrelated to what
you were studying, just something you were interested
in?
A. It was a credit applied to the -- the general
electives in the course, so it was required to take.
Q. All right. And when you finished that

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semester, you took a second semester of schooling down


in Sacramento; is that right?
A. Yes, I did.
Q. And that was a first aid course?
A. That was, yes, Advanced First Aid.

Q. Advanced First Aid. Were there any


prerequisites to taking that course?
A. The EMT. Actually, it went Advanced First
Aid and then the EMT, but I kind of swapped backwards
with instructions from my instructor.
Q. All right. And was that again a course you
took in the evening?
A. Yes, it was.
Q. And you were working during the day; is that
right?
A. Correct.
Q. And were you taking other courses as well as
that first aid course during that semester?
A. Art.
Q. Okay. Any particular kind of art?
A. Just a general art class.
Q. All right. Any others?
A. At that time no.
Q. Okay. And did that then - - did that course
work conclude what you took in Sacramento at junior

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college?
A. Yes, it did.
Q. And what junior college was that?
A. That was Sierra College.
Q. All right. And between completing that
junior college work and coming to PCC, did you have
any other college experience in between there?
A. No, I don't.
Q. And did you terminate your schooling in
Sacramento in part because you both needed to work and
also moving to Portland?
A. No. I was moving to Tahoe.

Q. Tahoe, okay. When you went to Tahoe, was


that for work reasons?
A. No.
Q. Why did you move to Tahoe?
A. It's beautiful.
Q. All right. Good enough reason.
A. Uh-huh.
Q. When did you end up moving to Portland?
A. I moved to Portland in 2001.
Q. And when you came here, were you looking for
work?
A. Yes, I was.
Q. Generally, what kind of work did you do when

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you moved here?


A. Restaurant work.
Q. You also ended up going to PCC; is that
correct?
A. yes.
Q. When did you begin going to PCC?
A. In 2003.
Q. And, again, did you have a course of study or
a major you were planning on taking?
A. At the time, no.
Q. Okay. What kind of courses did you start
taking at PCC?
A. Computer classes.
Q. Have you continued to take computer classes
there?
A. Yes, I have.
Q. Do you have a goal in going to PCC that you
would like to graduate or get an associate's degree or
certification of some kind?
A. An associate's degree.
Q. What would the associate's degree be in?
A. Web Development.
Q. Is that the future you'd like to get into
just businesswise?
A. That is.

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Q. Have you taken any other first aid courses or


EMT courses beyond what you've told me about?
A. No, I haven't.
Q. Were you ever in the military?
A. No, I wasn't.
Q. Do you have any law enforcement training?
A. No, I don't.
Q. Do you have any EMT training or any volunteer
work being an EMT beyond what you've told us about?
A. No, I don't.
Q. Do you need to wear corrective lenses?
A. No, I don't.
Q. Do you have any hearing problem, anything
like that?
A. No.
Q. Have you ever had any training regarding
mental illness?
A. No.
Q. Some people, just in their family history,
have had someone who has significant mental illness, a
relative, a close friend, a neighbor, something. Do
you have anything like that in your past?
A. Yes, I have.
Q. Can you tell me what that amounts to?
A. A past relationship with a, a female partner

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expressed, or displayed a bipolar - - I don't know


what's the word.
Q. Symptoms?
A. Symptoms, exactly, yes.
Q. All right. And how long ago was that?
A. That was in 2000.
Q. Okay. Did you have any part of assisting her
with medication, treatment, anything like that?
A. I did.
Q. And tell me what that amounted to.
A. I was the one who took her to the hospital
and had her submitted to doctors, which in turn they
committed her for psychiatric evaluation.
Q. Okay. Anything beyond that other than what
you've told us about?
A. No.
Q. Do you have any training in psychology?
A. No, I don't.
Q. How about contact with the Portland Police
Bureau? Have you had any contact with officers in the
Portland Police Bureau?
A. Define contact.

Q. It could be like a traffic violation would be


one kind of contact, it might be volunteering with the
Portland Police Bureau to serve on a board of some

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kind.
A. No then, no, I haven't.
Q. Ever arrested by the Portland Police Bureau?
A. No.
Q. Had your car towed that you attributed to the
Portland Police Bureau?
A. NO.
Q. And let's not include anything to do with
Mr. Chasse. We'll exclude that.
A. Okay.
Q. Any contact with the Portland Police Bureau
other than that?
A. No.
Q. All right.
A. Except for an incident at a bus stop. I
guess it's not significant enough, but I will mention
it.

Q. Sure.
A. About two weeks after the Chasse incident
happened, I was waiting at a bus stop, there was an
officer trying to apprehend somebody at the bus stop
there, questioning them, giving them, you know,
whatever cops do when they, when they stop somebody
and are questioning them.
Q. Interrogating them?

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A. Interrogating them, yes. I was standing


about five feet away from them at the bus stop where
the designated bus pulls up and picks you up. The
officer looked over at me and I looked at the officer,
and the officer said, Do you have a problem?
And I said, No, I'm just waiting for the bus.
And he said, Well, you can go stand 20 feet
over there.
I said, Well, that's not where the bus stop
is. I don't want to miss my bus.
And he said, Well, I can arrest you right now
and throw you in or you can go stand over there.
And at that moment the bus pulled up and I
jumped on the bus.
Q. And that was it?
A. And that was it.
Q. Sounds like kind of a minor incident. Do you
agree?
A. Yes.
Q. Any way that that incident you think affects
your fairness in talking about the Chasse matter
today?
A. No, it doesn't.
Q. Before I begin talking to you about the
Chasse incident - - one more question. Do you have any

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martial arts training?


A. No, Idon't.
Q. Before I talk about the Chasse incident
itself, have you had any contact with the Chasse
family?
A. No.
Q. Talked to Mr. Chasse or Mrs. Chasse or
Mr. Chasse's brother?
A. I shook Mr. Chassels hand and the brother's
hand at the memorial service and that's the only
contact that I've had with them.
Q. Have you talked to any lawyers about
Mr. Chasse?
A. No, I haven't.
Q. Okay. You've shown me that you gave a
statement to Detective Courtney at some point in time;
is that right?
A. That's correct.
Q. And did you actually testify at the grand
jury?
A. Yes, I did.
Q. And you were asked questions about the
incident with Mr. Chasse?
A. Yes, I was.
Q. So let's consider that a statement as well.

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A. Okay.
Q. Have you given any other statements to
anybody regarding what you observed regarding
Mr. Chasse?
A. Define statements.
Q. Well, sometimes perhaps someone came up to
you and said, I'd like to ask you about this, and
write things down, they might have a tape recorder
that they use. I suppose they could use a video
camera, some other means of recording, could be a
court reporter, I suppose.
A. Uh-huh.
Q. Have you given statements to anybody
regarding Mr. Chasse in any of those formats or some
other format that maybe I haven't thought up?
A. Matt Davis, David Halloran, and these
gentlemen, John Bachelotti, Bachelot (phonetic). That
was the most recent. These were years past.
Q. Okay. And the first business card, I'm just
picking this one up here, it's Matt Davis, News
Reporter, and is that someone who interviewed you as
part of his employment with the "Mercury"?
A. Correct.
Q. Was he working on a story about the Chasse
matter?

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A. He was.
Q. And how many times did he interview you
regarding what you knew about the Chasse matter that
you recall?
A. Once.
Q. Okay. Any other contact with Mr. Davis?
A. Yes.
Q. And what was that?
A. Just meetings about the Chasse incident and
just telephone conversations, e-mail, a quick e-mail
correspondence about how the story was coming along
and where it was going.
Q. Okay. So were you initiating these stories,
I mean writing him, saying, Hey, what's going on with
the Chasse matter?
A. Just inquiring to see if - - where it was
progressing with city hall, with the police
department, with the courts.
Q. Okay. So you were using him as sort of an
information source; is that right?
A. That's correct.
Q. Was he asking you questions as well?
A. At that point, no.
Q. Okay. Did he ask you -- I mean, you had this
first interview with him. Did he interview you

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1 regarding the Chasse matter any other times or just
2 that once?
3 A. No, just that once.
4 Q. Anything about Mr. Davis we've not talked
5 about?
6 A. No.
7 Q. And the next indication has someone named
8 David Halloran spoke to you?
9 A. Correct.
10 Q. And do you know who he represented?
11 A. He represented the Chasse family.
12 Q. Did you give him a statement?
13 A. Yes, I did.
14 Q. On how many occasions?
15 A. Once.
16 Q. Anything else you've had contact with
17 Mr. Halloran and not talked about?
18 A. NO.
19 Q. I'll give you that back. And lastly there is
20 a business card says JRB on there?
21 A. Correct.
22 Q. And this is somebody you gave a statement to
23 as well?
24 A. That is.
25 Q. And do you know who that person represented?

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1 A. I believe he represented Multnomah County.

2 Q. And how many times did you meet with that


3 person?
4 A. Twice.
5 Q. And on each of the occasions did you give
6 that person a statement?
7 A. Only on the first occasion.
8 Q. Do you know why the person came back a second
9 time and talked to you if you didn't give a statement?
10 A. To issue me a subpoena.
11 Q. Okay. Anything else?
12 A. NO.
13 Q. 1'11 hand you that back.
14 Have you made any other - - given any other
15 statements about the Chasse matter in either paper
16 format, electronic format, anything like that?
A. Electronic format I was interviewed by Kyle
Iboshi for KGW, and that would be it for electronic.

Q- And would that be a TV news story?


A. Yes, it was.

Q. Do you know when that aired?


A. No, I don't.

Q. Did you see it on TV?


A. Yes, I did.

Q. Now, 1'11 try and focus in kind of a

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chronological way about what happened with Mr. Chasse


that you observed at N.E. Everett and N.E. -- excuse
me, N.W. Everett and N.W. 13th Street. Why were you
there that day?
A. I was working at the Blue Hour.

Q. And how long had you been working at the Blue


Hour at that time?
A. About a year and a half.
Q. The Blue Hour would have people who have a
variety of what I'm just going to call job labels.
What was yours?
A. I was a bartender.
Q. And that day was the bar inside or was it
outside?
A. The bar is inside, but I have tables outside
also.
Q. And as the bartender, do you take orders from
people who are - - is it a patio? Is that what we
would call the outside?
A. Correct.
Q. Did you take orders from people who were on
the patio?
A. Yes, I did.
Q. And would you then go back into the facility
itself and make the drinks and then return them to the

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people?
A. I would.

Q Is the bar, tending bar there, providing


drinks to people on the patio, a different job from a
person that's a waiter or a waitress there?
A. Yes, it is.
Q. Okay. And what was your shift that day, if
you recall?
A. My shift was 10:30 to three.
Q. Was there more than -- were you a bartender?
Is that what you would be called there?
A. Yes.
Q. Was there more than one bartender?
A. NO.
Q. That particular day, what was it that first
caused you to realize that something was even
happening outside?
A. I was standing on the patio and I heard a
commotion across the street in front of Homer
Williams' office.

Q. Do you know Homer Williams?


A. Not personally, no, just through work.
Q. All right. And when you heard this
commotion, did you turn and look in that direction?
A. Yes, I did.

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Q. What did you see?


A. I saw four human bodies kind of just flailing
about.
Q. Okay. And when you say "flailing about," it
could mean a lot of different things. Are people
standing up, are they sitting on the ground, are they
lying on the ground? What would be their --

A. Kind of shoving around in a, just slow,


lethargic movements trying to apprehend somebody.
Q. Okay. Are the people standing up when this
is going on?
A. Yes, they are.
Q. All right. And as they're in this slow,
lethargic way standing, what happens?
A. Well, by standing, it's not necessarily
everybody standing straight up, you know, on - -
standing upright. They were hunched, some were
hunched, some were standing, but they weren't all on
the ground except for Mr. Chasse.
Q. So Mr. Chasse was on the ground and the other
people around him, at least their feet were on the
ground?
A. Yes.
Q. All right. And but they may be bent over; is
that right?

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A. Yes.
Q. Was anyone touching Mr. Chasse when you first
saw him?
A. Yes, they were.
Q. And can you tell me if you know the kinds of
people who were standing around Mr. Chasse?
A. Two police officers and a sheriff.
Q. All right. And how do you in your mind
distinguish that this person is a police officer and
this person is a sheriff?
A. Sheriffs wear green uniforms, police wear
blue uniforms.
Q. If we start with the two police officers,
when you first saw them, are they physically in
contact with Mr. Chasse?
A. Yes, they were.
Q. And what were they doing?
A. One had him down on the ground after the
initial fall and the other was trying to assist the
other police officer in apprehending him.
Q. When you refer to the "initial fall," did you
see Mr. Chasse fall to the ground?
A. Out of the corner of my eye.
Q. Okay. And do you know what caused him to
fall?

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1 A. It was - - from what it appeared to me, it

2 looked like a tackle.


3 Q. Okay. The word "tackle" can mean a lot of
4 different things.
5 A. Yes.
6 Q. Do you watch football?
7 A. Yes.
8 Q. Did you ever play football?
9 A. Flag football.
10 Q. All right. Tell me what tackle means to you
11 in terms of what you observed.
12 A. Like I mentioned earlier, it was kind of a
13 lethargic, kind of a slow, slower action, so it wasn't
14 anything like you would see on television in a
15 football game, so you can't really describe it as a
16 football tackle. It was more like a, a big guy just
17 trying to take down a little guy without trying to
18 hurt him too much.
19 Q. Okay. And I don't watch a lot of football,
20 but sometimes I see like defensive backs come up with
21 their hands in their chest and push someone in the
22 back and knock them down, somebody push them in the
23 ankles and knock them down. Other people sometimes
24 wrap their arms around people and take people to the
25 ground.

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A. Yes.
Q. Did you see what part of the police officer's
body came into contact with Mr. Chasse?
A. It was the upper body. It seemed almost like
a cross-armed, maybe an arm out, kind of knockover.
Q. What you did, just for the record here, you
took your arms and crossed them over your chest and
then moved them in an outward way; is that right?
A. That is correct.
Q. All right. And when that happened to
Mr. Chasse, what part of Mr. Chassetsbody was touched
by the police officer?
A. That I don't know.
Q. Okay. And at that point in time when you
observed that out of the corner of your eye, did
Mr. Chasse fall to the ground?
A. Yes, he did.
Q. And then when he fell to the ground, the
officer that made contact with him, that's a Portland
Police officer?
A. That's correct.
Q. What happened to that Portland Police
officer? What did he do?
A. From what I remember, he was starting to
hunch over Mr. Chasse and trying to apprehend him,

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trying to get him in a lock, a hold to secure


Mr. Chasse.
Q. All right. And in doing that, was he
touching a particular part of Mr. Chasse's body?
A. I don't remember at that particular moment in
time what actually transpired.
Q. When Mr. Chasse went to the ground, could you
see how he fell to the ground; for example, where his
arms were or something like that?
A. No.
Q. Was he carrying anything that you recall when
he fell to the ground?
A. NO.
Q. Did he strike the ground in a hard way?
A. Yes, he did.
Q. Okay. And was he on pavement when that
occurred?
A. Yes, he was.
Q. And you've told me that the first officer who
made contact with him was trying to get a hold on him
somehow.
A. Uh-huh.
Q. Would that be grabbing on to Mr. Chasse's
body?
A. Yes, he was.

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Q. Do you know what part of his body he got


ahold of?
A. The wrist.
Q. Both wrists?
A. Just the one wrist.
Q. How about the other police officer? What was
he doing?
A. He was trying to assist the other, the
officer, the apprehending officer.
Q. What did he do to assist?
A. I can't really remember what exactly he was
doing. All I know is he was there trying to also take
Mr. Chasse down to the ground.
Q. Okay. And when Mr. Chasse was actually on
the ground, did he actually have, the second officer,
have contact that caused Mr. Chasse to be knocked to
the ground or was he already knocked to the ground?
A. He was already on the ground.
Q. He was already on the ground?
A. Uh-huh.
Q. So he was trying to get ahold of Mr. Chasse;
is that right?
A. Uh-huh.
Q. And then there was the third person you told
me about, which is the green-uniformed deputy?

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A. Yes.
Q. What's he doing during this time?
A. Mostly observing.
Q. How far away is he from where Mr. Chasse is
and the two police officers?
A. Next to them, within three feet, four feet.
Q. And Mr. Chasse is on the ground and the two
officers are trying to grab ahold of him, whatever it
is they're doing. What's the next thing you see?
A. They - - the two officers, the one that had
the wrist, had him down on the ground, and the other
assisting officer grabbed his ankles, so they had him
on one end and another end on a wrist lock and then
the other officer had him by his ankles.

Q. So the wrist lock would be the officer


closest to his head?
A. Yes.
Q. And the other officer is holding his feet?
A. Yes.
Q. Or that lower part of his body?
A. Yes.
Q. When you first saw the police officers make
contact with Mr. Chasse, were the police officers
saying anything that you could hear?
A. Yes, they were.

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1 Q. And what were they saying?
2 A. They were saying, Get on your stomach.
3 Q. Was he still standing up at that time or was
4 he on the ground then?
5 A. He was on the ground.
6 Q. And were the police officers - - did it sound
7 to you, at least it was your impression that they were
saying that to Mr. Chasse?
A. yes.
Q. Were they saying anything to each other that
you could hear, among the police officers?
A. No, they weren't .
Q. Was Mr. Chasse saying anything back to the
police officers at that time in the beginning?
A. Yes, he was.
Q. And what was Mr. Chasse saying?
A. He was saying, No, I don't want to get on my
stomach. No.
Q. Was he saying that in - - well, how far are
you from Mr. Chasse when that's happening, roughly?
A. About 15 to 20 feet.
Q. All right. And can you hear him clearly?
A. Yes, I could.
Q. And when he says that, is there any further
conversation that's taking place?

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A. NO.
Q. So the police officers are telling him to get
onto his stomach, and is he at that time not on his
stomach?
A. No.
Q. How is he lying on the ground or what's his
contact with the ground?
A. He's on his back.
Q. All right. And when he's on his back and the
one officer has a wrist lock on him, is Mr. Chasse
lying still, is he moving, what's he doing?
A. He ' s moving.
Q. And how would you describe his movement?
A. Rapid squirming.
Q. Is he resisting the officers?
A. Yes, he is.
Q. And could the officer - - could the two
officers who have got ahold of him control him?
A. No. I say that only because the situation
that they had him in is - - it was a very
uncontrollable situation.
Q. And tell us what you mean by that.
A. Well, to get somebody on your stomach, it
doesn't really take a whole lot of force to flip
25 somebody over, but when you have his arm pinned in the

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lock and the other arm is underneath him, it's really


kind of hard to flip someone over when you have the
wrist in the lock that they had him in.
Q. Okay. And so I understand this right, do you
know if it was Mr. Chasse's left arm or his right arm
that they had a lock on?
A. I believe it was his left.
Q. All right. And is he facing you or is his
back toward you when this is happening?
A. He's still on his back, so h e r s facing
straight up.
Q. Straight up. And can you see his face at
that time?
A. yes.
Q. When you look at his face, is there any way
you can look at his face and say he's injured at that
point?
A. NO.
Q. And when the officers are telling him to get
onto his stomach, he has one hand tucked under his
body; is that right?
A. Yes.
Q. And that would be the hand that the police
officer doesn't have ahold of?
A. Correct.

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Q. What's the next thing that happens?


A. They finally get his other arm, so now
officers have one wrist, one wrist, and the other
officer has ankle, ankle.
Q. So who joined that, because there were only
two people initially. Right?
A. It was the same officer that had the first
wrist, so he was able to get his other wrist out from
underneath him.
Q. Okay. I understand that. So one officer has
both wrists, one in each hand; is that right?
A. Uh-huh, correct.
Q. And is the other officer still at the lower
part of Mr. Chasse's body?
A. Yes, he is.
Q. And is Mr. Chasse still on his back?
A. Yes, he is.
Q. And is the deputy still standing adjacent by,
not doing anything?
A. Yes.
Q. Are they saying anything at that point in
time that you can hear?
A. Just to get on your stomach.
Q. What's the next thing that happens?
A. The officers started trying to lift him up

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and flip him over. As they're doing that, he's still


squirming, moving about rapidly, trying to resist
being flipped over.
So the officers started kind of slamming him
into the, into the ground. I don't know as a, as a
way to try to get him over, but as they're doing that,
he's slamming into the ground, they're slamming into
the ground, and they're trying to flip him over, and
it's not working.
Q. And looking at you, I'm going to try and
accurately portray this. So the one officer is
holding both wrists.
A. Uh-huh.
Q. Is he picking Mr. Chasse up by the wrists off
of the ground?
A. Yes.
Q. And is the other officer who is at his lower
part of his body, is he picking Mr. Chasse up off the
ground as well?
A. Yes, he is.
Q. Are they doing this in unison?
A. Trying to, I believe.
Q. Okay. And is the reason it's not working
because Mr. Chasse is resisting and squirming?
A. Correct.

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Q. Okay. And when they're picking him up off


the ground as you've described, how high up off the
ground are they picking him up?
A. Two to three feet.
Q. Okay. And then are they dropping him back
down to the ground?
A. Yes.
Q. And when that's happening to Mr. Chasse, can
you see what part of his body is striking the ground?
A. His back.
Q. Okay. And how many times do you recall him
being, I'm going to call - - first of all, let me back
up here. As they pick him up, do they try and somehow
flip him over?
A. Yes, by reversing his -- their holds on him
to try to get him around and about.

Q So, for example, the officer holding both


hands is crossing his arms, is that right - -
A. Yes.

Q. - - and trying to twist Mr. Chasse?


A. Yes.
Q. And is the officer at the feet, from what you
can see, also trying to twist his legs over?
A. That is correct.
Q. And it's just not working; is that right?

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1 A. That's correct.
2 Q. Okay. And I think you've told me, but how

3 many times do you recall Mr. Chasse being picked up


4 and dropped to the ground?
5 A. About two to three.
Q. What happened - - are they saying anything at
this time other than, Get on your stomach?
A. No.
Q. Is there any talk between the officers
themselves?
A. No, there isn't.
Q. What's the next thing that happens?
A. From that moment on, it's - - the officer
holding the wrists - - Chasse is still on his back.
The officer holding his wrists starts trying to pin
him down on the ground and the officer holding his
feet somehow I think loses one of his ankles in the
fray, and Chasse starts kicking. The officer holding
his wrists made a few striking motions to hit him,
brought his fist up in the air to, to strike down at
him, but didn't.
Q. Let me stop you there for a second. So the
officer in the front part of the body; is that right?
A. Uh-huh, correct.
Q. You're indicating made a fist and is sort of

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1 showing it to Mr. Chasse in terms of a warning?


2 A. Correct.
3 Q. Is that right?
4 A. Correct.
5 Q. So did he let go - - he had to let go of one
6 of the two hands of Mr. Chasse at that time; is that
7 right?
8 A. That's correct
9 Q. And the other officer, though, is still down
10 at the lower part of his body holding on to his legs,
11 but one leg somehow gets free?
12 A. Yes
13 Q. Is that a fair statement?
14 A. That's correct.
15 Q. Are they again saying anything to Mr. Chasse
16 other than, Get on your stomach?
17 A. There is no, no communication at this point
anymore.
Q. No communication at all. And is Mr. Chasse
saying anything back to them?
A. At this point Mr. Chasse was just screaming.
Q. Okay. And how would you describe his
screaming?
A. Just kept screaming at the top of his lungs,
NO, no, no.

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Q. Anything else we've not talked about that's
happened so far?
A. I believe in that - - in losing the foot, the
one officer was kicked in the face, because I did
notice a red spot on one of the cheeks of the officer
at the -- holding the feet.
Q. And did you see the kick or did you later see
a red spot and are kind of assuming that's what
happened?
A. I later saw a red spot.
Q. You saw a red spot?
A. Uh-huh.
Q. But did you see the kick itself?
A. No, I didn't.
Q. When did you first notice the red spot?
A. About a minute after he lost control of his
one foot.
Q. Okay. So what's the next thing that
happened?
A. The next thing that happened is the officer
at the head of Mr. Chasse, like I said, made a couple
striking motions to, to come down on him; didn't. It
appeared he thought about it, didn't do it, but then
about 30 seconds later, during the whole entire fray,
I heard one of the guests on the patio say, I think he

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tried to bite him. I heard one of the officers say he
tried to bite him. I didn't hear that from the
officer, but from that point on, the officers started
using extreme force on Mr. Chasse.
Q. Before we go there, am I correct you did not
see Mr. Chasse try and bite the officer?
A. No, I didn't.
Q. And are you continuing - - you're on the patio
still; is that right?
A. Correct.
Q. Have you moved at all on the patio or
basically been standing in the same place?
A. I've been standing in the same place.
Q. Have you gone inside at all or been standing
outside this whole time?
A. Standing outside.
Q. What are the other people on the patio doing?
A. Mixed, mixed things.
(I. And give me some examples of that.
A. One table on the far end, a pair of gentlemen
were drinking their martinis and trying not to watch
it.
Another table was a family that was heavily
involved in it, watched every second of it.
And another table was two ladies that were

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1 drinking wine and were kind of disenfranchised by the


whole thing, just not really - -

Q. - - engaged?
A. Yes.
Q. So you're standing there and looking down and
then you think extreme force is used. Does that bring
us up to date with where we are now?
A. Yes.
Q. Tell me what happens next.
A. The officer holding the head of Chasse, the
upper end of Chasse, starts to punch him in the face
and in the chest, and starts to kick him with his, his
boot.
Q. Okay. Is he still holding on to Mr. Chasse
with one hand?
A. I believe he's holding on to one wrist still.
Q. So he's holding on to one wrist, and is he
using his left hand or right hand to hold to the
wrist?
A. Left hand, because he's striking with the
right.
Q. Holding on with his left hand and Mr. Chasse
is still on his back; is that correct?
A. That's correct.
Q. How about the officer? Is the officer still

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standing hunched over or has he changed his body


position in any way?
A. Which officer?
Q. The one that's holding on to his wrist.
A. He's hunched over.
Q. So he's standing with both feet on the
ground?
A. Uh-huh.
Q. And he's hunched over, and he punches
Mr. Chasse; is that right?
A. Several times.
Q. Let's take the first punch.
A. Okay.
Q. Do you see where the first punch lands?
A. In the face.
Q. And are you close enough to tell where in the
face he was struck?
A. I'm - - yes; somewhere around here.
Q. And you just touched the tip of the nose; is
that right?
A. Tip of my nose to my chin.

Q. To the chin. I'm sorry, I didn't see the


bottom part. So between the tip of your nose and the
chin; is that right?
A. That's correct.

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1 Q. When that happens, does Mr. Chasse react to
2 that in any way?
3 A. I believe as much as anyone would react that
4 was punched in the face; dismay, probably.
5 Q. And is his head up off the ground as he's
6 struggling doing this or is his head lying still on
7 the ground? How would you describe Mr. Chasse? Is he
8 moving?
A. He's moving. His head is off the ground. I
mean, he's still struggling trying to get up, so he's
in that forward motion trying to get up.
Q. Just looking at your body, it looks like your
shoulders kind of moved forward as if he was lifting
himself off the ground.
A. That is correct.
Q. And I'm going to try and slow down a little
bit, maybe do that a little bit too, and that will
help our court reporter here.
A. Okay.
Q. How many times did you observe that officer
punch Mr. Chasse?
A. Several times, more than - - more than once.
Q. More than three?
A. I would say three.
Q. Okay. And at the conclusion of that, could

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you physically look at Mr. Chasse and say he is


injured somehow?
A. No.
Q. All right. While that's going on, after the
three punches that you said you've seen occurred, did
Mr. Chasselsbehavior change in any way?
A. He seemed more frightened, yes.
Q. And so you're looking at him and seeing
fright. What do you see that makes you think he's
more frightened?
A. A frightened look in his eye.
Q. Does he change his behavior in any other way?
Did he stop squirming? Has he become passive or does
he continue to resist?
A. His resistance was slowed down quite a bit.
Q. Okay. You also earlier mentioned there was a
kick involved?
A. Uh-huh.
Q. And is the kicking done by the officer that's
got ahold of his wrist?
A. Yes, it is.
Q. And when that's taking place, Mr. Chasse is
again still on his back; is that right?
A. That's correct.
Q. And the officer still has his left hand, and

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he has a wrist lock on Mr. Chasse?


A. Yes, he does.

Q. So he's holding on to Mr. Chasse's right


wrist?
A. That's correct.
Q. That's right?
A. Left.
Q. His left wrist.
Okay. Is the police officer's back toward
you when he's doing this?
A. No, his front.
Q. So he's on the far side of Mr. Chasse's body?
A. Yes.
Q. And when he kicks him, he kicks him with one
leg; is that right?
A. That's correct.
Q. The leg that he's not using to kick him with,
do you know where that leg was in proportion - - or in
relation to Mr. Chasse?
A. Behind his head.
Q. Okay. And then the other leg he uses to hit
Mr. Chasse; is that right?
A. That's correct.
Q. Do you recall what kind of footwear that
officer had?

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A. Steel-toed boots.
Q. When he kicked Mr. Chasse, where did the blow
land?
A. The back of his head and on his chest.
Q. Okay. And I'm again trying to envision this
and maybe I envision things wrong.
A. Uh-huh.
Q. To land on the back of his head, is that
because his head - - because he's standing at the side
of Mr. Chasse? The police officer is to the side of
Mr. Chasse; is that right?
A. He's at his head still, so Mr. Chasse's head
is right here, the officer is standing right here.
Q. So is he standing to the side of Mr. Chasse's
face?
A. At a short angle, yes.
Q. Okay. So, to be able to kick Mr. Chasse in
the back of the head, is he able to do that because
Mr. Chasselshead is off the ground?
A. That is correct.

Q. So it came, and would you call the strike


somewhere between the top of his neck and the top of
his head on the back?
A. Yes.
Q. Could you tell where it was back there?

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A. No.
Q. All right. And you also indicated he kicked
Mr. Chasse in the chest; is that right?
A. Yes, it is.

Q. Now, is that the same kick or is it a


different kick?
A. Different kind of kick.
Q. Can you tell me that kick, how it landed?
A. It was more like a stomp.

(2. So it's from above; is that right?


A. That's correct.
Q. And then he came down on Mr. Chasse?
A. Yes, he did.
Q. Is that right?
A. Correct.
Q. If I am misstating that, stop me. All right?
A. Yeah.
Q. And again he's wearing those big boots?
A. Yes, he is.
Q. Do you know, have you learned through your
study of this matter, the names of the two police
officers?
A. Yes.
Q. And can you tell me what their names are?
A. Mr. Humphreys and Kyle Nice.

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Q. Okay. And then the deputy's name, do you


know who he is?
A. Bret Burton.
Q. And we've not involved the deputy so far in
this incident at all so far; is that correct?
A. That's correct.
Q. The officer you've been telling me about who
is in the front who has been doing the punching and
the kicking, can you tell me the name of that police
officer?
A. Yes, I can.
Q. And who is that?
A. That's Christopher Humphreys.
Q. And the officer who's grappling with his
legs, who would that be?
A. That was Kyle Nice.
Q. Had you met either of these officers before
this day?
A. No, I hadn't.
Q. So learning about them is really because you
observed something. Right?
A. Correct.
Q. And then you've read in the newspapers about
it?
A. Right. Correct.

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1 Q. So, when you see the foot come down on
2 Mr. Chasse, at where would the contact of the boot
3 have been made on the chest, if you recall?
4 A. Sternum area.
5 Q. So the upper part of the chest; is that
6 right?
7 A. That's correct.
8 Q. Were there any other blows or kicks that
9 we've not talked about that involved Mr. Humphreys?
10 A. No.
11 Q. And were there any punches or fist blows of
12 any kind involving Sergeant Nice that you observed?
A. NO.
Q. Were there any kicks you observed on behalf
of Sergeant Nice?
A. No.
Q. After the force that you have described
occurred, what's the next thing that happened?
A. I heard a Taser.
Q. Okay. And before we go there, was there any
additional conversation between the police officers
and Mr. Chasse or Mr. Chasse and the police officers
that we've not talked about?
A. No, not that I remember.

Q You heard a Taser then; is that right?

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A. Yes.
Q. Before the incident, were you familiar with
Tasers?
A. Yes.
Q. And tell me about what you had learned about
Tasers or how you had come to learn about them.
A. Television shows. My dad was a sheriff's
officer also in Sacramento. He told me about Tasers
when I was a young kid, when they were first
introduced to the police force, or for the sheriff's
department.
Q. Let's talk about television shows first. Are
we talking about television series kinds of shows, are
we talking about science shows, or what does that
consist of?
A. News article -- or news shows.
Q. Do you remember what kind of news shows you
saw regarding Tasers?
A. No, I don't.
Q. Your father's in law enforcement; is that
right?
A. He was.

Q. He was. And what part of your life was your


father in law enforcement?
A. Growing up.

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Q. Growing up for me - -
A. Adolescent.
Q. You're not that old now.
A. Yeah.
Q. Compared to other people in the room at
least.
A. Yeah.
Q. Are we talking about like from your first
recollection up to like eighth grade, or tell me what
you're talking about there.
A. From being born to 18, 19.
Q. All right. And when your father -- would he
bring Tasers home from work as part of his uniform?
A. NO.
Q. So he talked to you about like the tools that
he would use as a law enforcement officer?
A. That's correct.
Q. Was he a deputy sheriff or police officer?
A. Deputy sheriff.
Q. And deputy sheriffs can do all different
kinds of things. Was he a road officer, driving
around in the car, was he a detective or a jailer, or
what did he do?
A. He worked in the jail.
Q. Was he assigned Tasers there, at least your

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impression they were?


A. Yes.
Q. Did he ever talk to you about using Tasers?
A. Yes, he did.
Q. What did he tell you about the use of Tasers?
A. He said they hurt.
Q. Was he ever subjected to a Taser as part of
training?
A. Yes, he was.
Q. Do you know how many times he was Tased?
A. Just once.
Q. All right. Any other background on Tasers
we've not talked about before we get into what you
observed here?
A. No.
Q. How did you first know that a Taser was being
used?
A. I heard the clicking.
Q. And did you recognize that as the noise of
the Taser?
A. Yes, I did.
Q. And is that from watching television shows?
A. Yes.
Q. And tell me what you heard with regard to the
Taser.

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A. Just clicking, about several clicks.
Q. All right. And did that draw - - did you
immediately make the connection that's a Taser?
A. Yes, I did.
Q. And what did you - - did you look to see
anything?
A. I was looking. I didn't see anything.
Q. Okay. So you heard the Taser noise but
didn't see it being applied; is that correct?
A. That's correct.
Q. Did anyone ever tell you, I saw Mr. Chasse
being Tased, and describe that to you?
A. I would have to say no.
Q. Do you know how long the clicking went on?
Are we talking about two seconds, two minutes?
A. Five seconds.
Q. All right.
A. Enough to get about four or five clicks off.
Q. All right. And did anything else happen with
regard to the Taser that we've not talked about other
than hearing the clicking noise?
A. No.
Q. All right. Is anyone saying anything at this
time?
A. No.

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Q. What's the next thing that happens?


A. Mr. Chasse goes unconscious.
Q. Okay. I'll stop you right there. So
Mr. Chasse - - you say "Mr. Chasse goes unconscious."
What leads you to that conclusion?
A. No movement.
Q. He was still?
A. Very still.

Q. Is he still on his back?


A. Yes, he is.
Q. And as you're looking at him, are you looking
- - is his face - - is his nose still pointing straight
up in the air?
A. No.
Q. Is his nose pointing toward you or away from
you?
A. Away from me.
Q. Okay. And so you're looking at, to some
degree, the back of his head and the side of his face?
A. Yes.
Q. Okay. Could you see his eyes?
A. No, I couldn't.
Q. And your conclusion that he's gone
unconscious, is there anything other than him becoming
still that leads you to that conclusion?

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A. No.

Q. What's Mr. Chasse wearing at this time?


A. Light blue button-up shirt that's unbuttoned,
blue jeans, and a white T-shirt.
Q. Okay. And is he wearing shoes?
A. Yes, he is.
Q. Anything else that we've not talked about?
A. NO.
Q. How would you describe his general
appearance?
A. Before or after?
Q. Well, before you first saw him, throughout
this incident.
A. Just a regular person. I mean, nothing,
nothing out of the ordinary.
Q. Okay. Did you notice his height, build,
anything like that?
A. Yes.
Q. What did you notice?
A. I noticed that he was very skinny. He wasn't
a very big person, a very lean build.
Q. Did you notice anything about his hair?
A. It was long, yes.
Q. Anything you noticed about his clothing other
than what you've described so far?

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A. Yes.
Q. What did you notice?
A. That it wasn't - - it didn't appear like
brand-new clothes. It appeared to be secondhand, I
guess.

Q. You'd worked at Blue Hour about how long at


this time?
A. About a year and a half.
Q. And had you -- I mean, on that day had you
ever seen Mr. Chasse before that?
A. No, I haven ' t .

Q. So we'll go back to Mr. Chasse has stopped


moving.
A. Uh-huh, correct.
Q. What happens next?
A. The officers handcuffed him. Since they were
able to apprehend him, they cuffed him, put his arms
behind him, cuffed him behind his back, and then
cuffed his feet, too, to the wrists, so he was cuffed
on all four extremities.
Q. And what's his body position as they're
cuffing him?
A. On his side.
Q. Okay. And cuffing could mean more than one
thing. Are his hands cuffed in front of him or behind

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him?
A. Behind him.
Q. And he had some kind of restraint on his feet
as well?
A. Correct.
Q. Could you tell how his feet were restrained?
A. No, I couldn't.
Q. And as he is on his side, cuffed, is that
when you take the picture of him?
A. Moments after that.
Q. And correct me if I'm wrong. This was taken
with a cell phone?
A. Yes.
Q. Is that right?
A. Correct.
Q. Is the cell phone - - bartenders can wear all
kinds of things. What did you wear that day in terms
of clothing generally?
A. A nice button-up collared shirt, black pants,
and my apron and nice shoes.
Q. And is the cell phone in your apron or pants
pocket or just --
A. Pants pocket.
Q. So you can just reach in your pocket and take
it out and take a photograph if you wanted to; is that

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correct?
A. That's correct.

Q. So he's lying on his side, he's cuffed.


What's the next -- do the police say anything at this
time among themselves that you can hear?
A. Not that I can hear, no.
Q. Okay. What's the next thing that happens?
A. The -- the officer who had his ankles was
patting the - - Mr. Chasse down, I mean, giving him the
full, searching for weapon, pulling his wallet out,
getting an ID, and then he checked for vitals on his
neck.
Q. Okay. Let me stop you right there for a
second here. So you see him reach into
Mr. Chasse's - - where did he get the wallet from? I

should say.
A. His back pocket.
Q. He pulls the wallet out. Do you actually see
him holding the wallet in his hand?
A. Yes, I do.

Q. I don't know if you're close enough to tell,


but can you see him looking through either plastic
parts of the wallet or pulling things out of the
little sort of slits that are in the wallet?
A. I couldn't tell, no.

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Q. Could you see him do anything with the wallet
at all?
A. No.
Q. So one officer has patted him down and taken
the wallet out of his pocket, and then you mention
checking the vitals?
A. Uh-huh, correct.
Q. Which officer has the wallet in his hand?
A. That would be - - by name?

Q. Yes.
A. Kyle Nice.
Q. Okay. And who is the officer that checks his
vitals?
A. Kyle Nice.
Q. Okay. And when you say "checking his
vitals," that could mean a variety of things,
especially with a medical background, too. Tell us
what you mean by that.
A. Hewascheckinghispulseinhisneck.
Q. How is he doing that?
A. Two fingers on the neck.
Q. And when he does that, is there any - - is
Mr. Chasse still not moving?
A. Correct.
Q. Okay. And are the officers saying anything

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1 among themselves?
2 A. No.
3 Q. When he checked -- when Nice checks his neck,
4 is he standing up and moving his two fingers down to
5 Mr. Chasse's neck?
6 A. Correct.
7 Q. And then ultimately he stands up straight, I
take it?
A. Correct.
Q. What happens after that?
A. As he's checking the vitals, he looked over
to Mr. Humphreys. The two made eye contact, and Kyle
Nice as he checks his vitals shook his head, no, back
and forth.
Q. So he's making a side-to-side movement with
his head?
A. Correct.
Q. What's the next thing that happens?
A. He stands up and a medical -- medical team
arrives.
Q. Okay. Do you have any way of knowing how the
medical team arrived there, independently of anything
you've read?
A. Can you describe that, like give me an

example?

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Q. Maybe you saw somebody go to a car and take


out a radio would be one way of doing it.
A. Okay. As the vitals are being checked, I
believe Mr. Humphreys was on his, his phone, or his - -
his walkie-talkie, his communication device, calling
in medical backup, or it could have been Mr. Burton
also. One of the two officers called it in.
Q. Okay. You see one of them working their
two-way radio?
A. Or whatever it's called, yeah.
Q. And from that moment, how long does it take
approximately for some sort of EMT people to arrive?
A. Very quick, very responsive.
Q. Okay. And are you standing out there on the
patio the entire time?
A. Yes.
Q. And when you see them arrive, what is it that
you observe seeing?
A. You have police agencies showing up, so you
have I guess their sergeant showed up, fire truck
showed up, the ambulance showed up.
Q. Do you know in what order they showed up?
A. No, I don't. I do know that the sergeant
showed up before the emergency crews did.
Q. Okay. So we have more police officers

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arriving?
A. Correct.
Q. We have EMTs arriving?
A. Correct.
Q. And do you know the name of the company that
runs that ambulance service?
A. I believe it's AMR.
Q. All right. And the fire bureau, you
mentioned that?
A. Yes.
Q. How do you know the fire bureau is arriving?
A. Fire truck and their turnouts are on.
Q. Where are these vehicles generally parked?
A. They're parked on Everett Street.
Q. And as you see people arriving, do you know
whether the AMR people arrive before the fire bureau
or the fire bureau arrived before the AMR or did they
all arrive at the same time?
A. Judging by the way the vehicles are parked,
I'm going to say AMR showed up before the fire
department did.
Q. Did you actually see the AMR vehicle pull up?
A. I don't remember.
Q. Did you see the fire bureau truck pull up?
A. I don't remember that.

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Q. So at least at some point in time they're


there; is that right?
A. Correct.
Q. How about Mr. Chasse when they arrive? Is he
still lying still or does he change his body position
in any way?
A. He is still lying still for a short time.
Q. All right. And then at some point he starts
to move?
A. Correct.
Q. How long do you think it was from the time he
stopped moving until you saw some movement of him?
A. I'm going to say three minutes.
Q. Okay. And as the AMR people arrive and the
fire bureau people arrive, what did you see occurring?
A. The emergency response team starts to gather
around Mr. Chasse and start assessing his - - the
situation.
Q. You could tell me who the police officers
were that were at the scene and the deputy. How about
the people who are either fire bureau people or AMR
people? Do you know the names of any of them since
we're discussing this matter?
A. NO, I don't.
Q. Is there any way of you distinguishing

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between any of the AMR people?


A. Yes.
Q. And what's the distinguishing thing that we
can talk about and try - -
A. The uniforms.
Q. Okay. And between the two AMR - - how many
AMR people were there?
A. I don't have that number.
Q. However many number of people there were, is
there some way of distinguishing among them?
A. You could separate the -- the fire department
by their turnouts, the uniform that they wear.
Q. And let's take the fire bureau people and put
them aside.
A. Okay.
Q. Just talk about the AMR people.
A. Okay.
Q. Is there some way of saying one is a tall,
thin person, one's a black person, one's something
else so we sort of sort out?
A. The only thing I can say is one person was a
female.
Q. So there was a female person. Is there any
other person that you actually recall that was there
from AMR?

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A. No.

Q. So at least there's a female AMR person and


then there's fire bureau people?
A. Correct.
Q. What do you see the fire bureau people doing?
A. Standing.
Q. And where are they standing?
A. Around Mr. Chasse.
Q. Okay. And how about the AMR people, or AMR
person? What do you see her doing?
A. She's actually attending to Mr. Chasse.
Q. Okay. And when you're looking at Mr. Chasse,
what's he doing?
A. He's conscious at this point, so he is asking
what's going on, what's happening.
Q. Okay. Can you hear him asking those
questions - -
A. Yes.

Q. - - of the AMR person?


A. Yes, I can.
Q. Is that who he had been apparently talking
to?
A. Yes.
Q. Is the AMR person standing near him or is the
person lower to the ground somehow?

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A. She's crouched next to him.


Q. So she's crouched next to him on the ground
and they're conversing back and forth?
A. Correct.
Q. Is she saying - - he's asking what's going on.
Is she replying to him?
A. I don't believe so, no.
Q. Do you see her doing anything?
A. Yes.
Q. What's she doing?
A. Taking his vitals.
Q. And tell us what you mean by that.
A. She had him hooked up to a machine that I
believe was getting his pulse, equipment that I was
unfamiliar with.
Q. And is there any way of describing the
machine somehow?
A. I would say it was like a large lunch pail - -

Q. Okay.
A. - - kind of machine.
Q. What you're assuming is that's some sort of
technical device that gives data to the AMR person; is
that right?
A. Correct.

Q. Did you see the AMR person talk to any police

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officer before the vital signs were checked?


A. I didn't see any conversation, no.
Q. Okay. Do you remember any conversation
between the Portland Fire Bureau and any of the police
officers that were there?
A. I'm going to say no.
Q. And I guess my first question should be: Do
you remember whether there was any conversation
between the police officers and the AMR people?
A. There was.

Q. There was?
A. There was conversation back and forth.
Q. And is it after that conversation that then
the AMR woman bent down to Mr. Chasse?
A. I don't recall.

Q. So there was some conversation, the AMR


person is checking, using the machine to do whatever
it does; is that right?
A. That's correct.
Q. And you're assuming that's check the vitals?
A. Correct.
Q. Is there any other conversation that's
happening that you can hear between either the fire
bureau people, the police officers, or anyone that's
out there on the street?

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1 A. No, not with the response team, no.
2 Q. What's the next thing that happens?
3 A. Mr. Chasse started to scream. The -- back up
4 two seconds there.
5 Q. Sure.
6 A. The female medical response, AMR lady, took
7 the machine off him and was going back to her, to her
8 vehicle to put it back. As she did that, Mr. Chasse
9 started to scream, Don't leave me, don't leave me.
10 No, no, don1t leave me.
11 Q. Is there any conversation from her to
12 Mr. Chasse?
13 A. No.
14 Q. Is there any conversation from anyone
15 standing around Mr. Chasse?
16 A. NO.
17 Q. Before she left to take the machine back to
18 Mr. Chasse -- or back to her vehicle, wherever it was
19 going, is that when you took the picture?
20 A. Yes.
21 Q. So you took the picture. She then completes
22 whatever she was doing with the machine, and she's
23 walking away with it?
24 A. Correct.
25 Q. And he's saying what you've told us.

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What's the next thing that happened?


A. I believe they picked up Mr. Chasse and put
him in the vehicle.
Q. All right. Were you standing there watching
them pick him up?
A. No. At that point I went back in the
restaurant and informed Mr. Homer that, Something is
happening in front of your office. You might want to
observe this.

Q. Is Mr. Homer, Homer Williams?


A. Yes.
Q. And you recognize him from being a regular
customer?
A. Correct.
Q. Is that what it is?
A. Correct.
Q. So you go back inside, and then how long do
you stay inside?
A. About 30 seconds.
Q. Okay. When you're inside, can you still see
what's going on outside in the street?
A. Briefly, yes.
Q. All right. And then you walk back outside
again?
A. Correct.

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Q. And where is Mr. Chasse or what part of this


event is going on when you come back outside?
A. Mr. Chasse is already in the police vehicle
and the police vehicle is on its way.
Q. Okay. So, to understand this, did you see
them actually pick Mr. Chasse up?
A. No, I didn't.

Q. So he's on the ground, and the next time you


come out is the vehicle driving away at that point,
the police vehicle?
A. I didn't even see the vehicle, no.
Q. Did you ever see Mr. Chasse again after you
went back into the restaurant to tell Homer Williams?
A. NO.
Q. When that police vehicle left, did you see
any of the other vehicles leave? Did you see the
ambulance leave?
A. Yes, I did.
Q. And did you observe the woman EMT walk from
the scene to her ambulance?
A. No, I didn't.
Q. Did you just see the vehicle driving away?
A. The vehicle was already gone by the time I
got out there.
Q. How about the fire bureau vehicle?

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A. The fire bureau vehicle is still there.


Q. Did you see the fire bureau individuals do
anything at the scene before they left?
A. Yes, I did.
Q. And what did you see?
A. I saw them cleaning up the blood.
Q. And where was the blood?
A. In the same location Mr. Chasse was finally
apprehended.
Q. And had you seen the blood prior to
Mr. Chasse being picked up and taken away?
A. I saw the blood on his face.

Q. Let's start with the blood you're talking


about they're cleaning up.
A. Uh-huh.
Q. That was not on his face, right, that's
someplace else?
A. Yet.
Q. And where is that?
A. On the ground.
Q. Is the first time you saw it when Mr. Chasse
had been removed from the scene - -
A. Yes, it was.

Q. - - and you can see the ground; is that right?


A. Correct.

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Q. And can you describe in some way either the
shape or the size of the blood, what you saw?
A. Yes, I can.
Q. And tell us what that would be.
A. I would say about 8 1/2, nine inches in
diameter by eight inches, eight inches around.
Q. So roughly circular?
A. Correct.
Q. Is that right? And it's about eight inches
from one side to the other side?
A. Correct.
Q. When you say they're cleaning it up, what do
you mean by that?
A. One of the firemen has the blue gloves on,
the vinyl gloves, and he has a spray bottle in one
hand and some powder in the other. He sprinkles some
powder over the blood and then sprayed it with a spray
and then scrubbed it.
Q. And what did he scrub it with?
A. Atowel.
Q. Did you recognize from any prior EMT training
or first aid training you'd had what he was doing
other than cleaning up the blood?
A. NO.
Q. Do you know what the chemical was, anything

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like that?
A. No, I don't.
Q. He used then a towel to scrub the area; is
that right?
A. Correct.
Q. And then did he -- how many people did that?
A. Just the one.
Q. Just the one.
And did he then leave the scene?
A. After that, yes.
Q. They all go together as a group, the fire
bureau people?
A. I believe so.
Q. And did they get into their vehicle and
leave?
A. Yes.
Q. And you're still standing outside on the
patio at that time?
A. Correct.
Q. Is that right? How about the other police
officers that you say arrived? Had they left at that
point as well?
A. No.
Q. How many police officers do you think were
still at the scene by the time the fire bureau left?

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A. I'm going to say four.
Q. Do you know any of those police officers,
know their names?
A. No, I don't.
Q. Had you met any of them before?
A. No, I haven ' t .
Q. What were they doing as the fire bureau truck
leaves and you're standing in the Blue Hour patio?
What do you see them doing, if anything?
A. Talking to witnesses.
Q. Are they taking witness statements?
A. I don't know.
Q. Could you overhear the conversation that was
taking place between the witnesses and the police
officers?
A. No.
Q. And how long do you think - - or how long did
you see them taking witness statements?
A. Very briefly; a short amount of time. A
minute.
Q. A minute?
A. (Witness nodding head.)
Q. All right. And then what did the officers do
next that you saw or heard?
A. Slowly started filtering out of the area.

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Q. They ended up getting back into their police


vehicles?
A. Correct.
Q. And just driving away?
A. Correct.
Q. So, when those four officers left at that
point in time, was there anyone in the immediate area
other than the patrons on the patio of the Blue Hour?
A. Elaborate a little more on that.
Q. Was there anyone else that was left, any
governmental entity?
A. No governmental entities, no.
Q. There were just civilians or - -
A. Correct.

Q. - - people at the restaurant; is that right?


A. Correct.
Q. Do you know the names of any person who
witnessed the events you've talked about here today?
A. Yes, I do.
Q. And who would they be?
A. Jesse. I can't remember his last name. He
was one of the cooks at Blue Hour.
Q. All right.
A. Dave Lillegaard, who worked on that block
there, too.

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1 A gentleman that I met at the scene there,
2 the Reverend - - what is his name? I have it in here.
3 There's - - him and his partner were standing there.
4 Randall Stuart.
5 Q. All right.
6 A. And just like the women on the patio that
7 were --

8 Q. That you've already talked about?


9 A. Yeah.
10 Q. Did you have any conversation with
11 Mr. Stewart?
12 A. Yes, I did.
13 Q. And what did that consist of?
14 A. I just briefly asked him, Did you see what
15 happened, did you see how it transpired? And he said
16 yes.
17 Q. Anything beyond that?
18 A. Yes.
19 Q. What?
2o A. I noticed he was the one talking to the
21 police officer, and I - - I asked him what that
22 conversation ensued of, what was said.
23 He said that his partner had asked the cop
24 what was going on, why was that guy being beaten like
25 that and why is he being treated the way he is, and

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the officer told her that Mr. Chasse had warrants on


him already and that he had -- they'd found drugs on
him.
Q. So you were told that. Right?
A. Yes, correct.
Q. Did you hear that or you were just told that
afterwards?
A. I was just told that.
Q. Any other conversation, anything else that
you heard that day? Did you talk to, for example, any
of the other patrons that were there about what
occurred?
A. Yes, I did.
Q. Who did you talk to, if you know?
A. I talked to another employee that works with
Dave Lillegaard at the barber shop there.
Q. Who was that?
A. I don't remember her name. What she briefly
said was that the fall that James Chasse took in the
initial apprehension was loud enough to be heard
halfway down the block.
Q. All right.
A. And one of the other employees at Blue Hour,
too, Mr. Asa Bautista (phonetic), he was kind of in
and out of the restaurant, kind of seeing what was

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happening, and I just asked him what he saw, what he
-- what were his feelings on it.
Q. And what did he say?
A. He said he's used to seeing something like
that and it didn't really affect him too much because
his general feeling was that that kind of happens
everywhere, so . . .
Q. Is there anyone else you talked to that day
that we've not talked about so far?
A. No.
Q. Let's talk about Mr. Bautista. He -- just
listening to what you're saying, it sounded like he
had somewhat of a hardened view of what occurred.
A. Correct.

Q. Is that correct?
A. Correct.
Q. How about you? When you were observing this,
had you ever observed anything like that before?
A. NO.
Q. Okay. Do you think that it caused you to
become excited, for your body to become excited?
A. No.
Q. You think you were calm when you were
watching this?
A. Not calm.

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1 Q. Well, tell me: What were your feelings when
2 you're observing this?
3 A. Disgust.
4 Q. Anything else?
5 A. Sadness.
6 Q. All right. Anything else?
7 A. Dismay and a loss of trust.
8 Q. In who?
9 A. Our forces, our police force.
10 Q. Okay. Anything else?
11 A. That pretty much describes it.
12 Q. Following everyone leaving, did you make a
13 complaint of any kind?
14 A. At the scene, no.
15 Q. Did you ever make a complaint?
16 A. Yes, once I arrived home.
17 Q. Okay. And formatwise, how was that done?
18 A. There's the Independent Police Review, which
19 I e-mailed.
20 Q. So you made an e-mail complaint; is that
21 right?
22 A. Correct.
23 Q. And was there a follow-up to that?
24 A. Yes, there was.
25 Q. And is that the letter you showed me that we

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read earlier?
A. That is.
Q. Was there any additional follow-up to that?
A. Not that I can recall.
Q. Did the Independent Police Review or any
person working with that entity contact you?
A. I believe they did.
Q. And how did they contact you?
A. By phone or by e-mail. I don't remember.
Q. And when they contacted you, what was the
nature of the contact or the inquiry?
A. Just to describe the events that happened.
Q. And did you give them a description?
A. Yes, I did.
Q. And in what format? Did you talk to
somebody, did you e-mail them? How did that work?
A. I believe it was an e-mail.
Q. In addition to your responding to them, was
there any other inquiry from IPR, any contact between
you one way or another?
A. No.

Q. How about the Internal Affairs Division? Has


anyone at the Internal Affairs Division contacted you?
A. After the incident, yes.
Q. And were you interviewed by them?

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A. I don't believe I was.


Q. Did they ask you to be interviewed?
A. They contacted me for information. I got a
call from them, I called them back, and then I was
sent a letter after calling them back saying, We've
tried to contact you. Our efforts have, have proven
futile, basically. We haven't been able to contact
you, so we might subpoena you or something along those
lines.
Q. And is that when - - is that before or after
you testified at the grand jury?
A. After the testimony.
Q. Did you call them back after getting that
letter?
A. No, I didn't.
Q. I'm trying to do this in sort of a
chronological fashion.
A. Uh-huh.
Q. Is there anything of significance that you
saw or heard, observed in any way that day that we've
not talked about?
A. I believe we've covered everything.
Q. And is there anything that any police officer
did that you think was wrong that we've not covered
today?

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A, No.
Q. Have you ever been convicted a crime?
A. Yes.
Q. And what crime was that?
A. Car burglary.
Q. When was that?
A. Several times; in 2000, 2002, 2005.
Q. Were those in Oregon or some other state?
A. One - - two were in Oregon and one was in
California.
Q. Which year was the one in California?
A. 2000.
Q. Okay. And the one in 2002 in Oregon and 2005
in Oregon, did you come into court and plead guilty,
were you found guilty or acquitted or what happened
with those?
A. I was the victim.
Q. You were the victim?
A. Yes.
Q. So someone broke into your car. Correct?
A. Correct.
Q. So that's not what I call convicted of a
crime. That's someone that I call the victim of a
crime.
A. Okay.

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1 Q. Are we straight on that?


2 A. Yes.

3 Q. So your car has been broken into a number of


4 times?
5 A. Yes.

6 Q. Have you been convicted of a crime in any


7 other circumstances?
8 A. NO.
9 Well, yes.
10 Q. What was that?
11 A. In 2000 - - 2001, my friend and I were held up
12 at gunpoint in Eugene.
13 Q. So you were robbed?
14 A. I wasn't robbed, no. The store that we were
15 in was robbed.
16 Q. The store was robbed, okay. Did you testify
17 in court or anything about that?
18 A. NO.
19 Q. Do you know whether that matter was resolved
20 somehow by law enforcement?
21 A. No, I don't.
22 Q. That's all the questions I have of you.
23 Thank you for coming down here today. There are other

24 lawyers that might want to ask you questions next.


25 A. Okay.

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Q. ~ n then
d maybe I'll come back and follow up
on something.
A. Okay.
EXAMINATION
BY MS. DUNAWAY:
Q. My name is Susan Dunaway, and I represent the
County and Bret Burton.
A. Okay.
Q. So the officer in the green uniform.
A. Uh-huh.
Q. And I guess what I need to know, because I
wasn't sure if I was visualizing things correctly when
Mr. Rice was asking you questions.
A. Uh-huh.
Q. I need to know what specific actions you saw
Deputy Burton take in relation to Mr. Chasse.
A. Mr. Burton's actions were very minimal at
best. I didn't see Mr. Burton doing anything more
than just standing and observing.
At the point of the Tasering, I was looking
at every officer to see who was doing it, and I
couldn't tell what officer was - - had the Taser, so.. .
Q. So you definitively can't say that he was not
the Taser?
A. Correct.

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1 Q. When Mr. Chasse stopped struggling and
2 resisting, and I think you used the word he became
3 unconscious - -
4 A. Correct.
5 Q. - - is that correct? Did you make any
6 observations in regard to whether or not Mr. Chasse
7 was breathing?
8 A. I was -- yes, I was, actually.
9 Q. You did make observations?
10 A. Yes.
11 Q. What did you observe?
12 A. I was looking at his chest and his shirt to
13 see if it was moving at all, if there was any kind of
14 breathing movement.
15 Q. And what did you observe?
16 A. I saw nothing.
17 Q. Was there anybody standing by him during that
18 period of time when you believe he wasn't breathing?
19 A. One of the officers, yes.
20 Q. Do you remember which officer?
21 A. No, I don't.
22 Q. So his breathing - - he wasn't breathing for
23 approximately how long?
24 A. I was observing him for roughly two minutes.
25 Q. And then did someone do something or did

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Mr. Chasse kind of just spontaneously reanimate?


A. He just kind of came to.
Q. At that point in time, when you say he came
to, could you see the front of his face?
A. No, I couldn't.
Q. Could you see the side of his face?
A. NO.
Q. What allowed you to form the conclusion that
he came to?
A. He vocalized it.
Q. And what did you hear him say?
A. I don't remember the exact words. All I know
is I heard his voice, and that assured me that he was
in fact breathing.
Q. During this entire time, did you make any
observations or come to any conclusions in regard to
Mr. Chasse's mental state?
A. No.
Q. Did you come to any conclusion as to whether
or not Mr. Chasse was possibly using drugs?
A. NO.
Q. Did you hear any conversation on the patio in
23 regard to people just kind of making comments in
24 regard to guesses, maybe, in regard to what
25 Mr. Chasse's mental state was?

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A. NO.
Q. Did you hear any conversation at all on the
patio while you were observing in regard to what was
going on with Mr. Chasse?
A. Yes, I did.
Q. What were some of the comments that you
heard?
A. Oh, my God. The woman, like I said, repeated
earlier, the woman said, I think he's trying to bite
an officer. I heard the officer say he tried to bite
him.
Q. Anything else?
A. It's not really words that were kind of
expressed, it was just more feeling and attitude.
Q. Where do you presently work, if you do?
A. I work at Hotel 50.
Q. And what is that?
A. What is that?

Q. Yes. Is that a hotel?


A. Yes, it is.
Q. What do you do there?
A. I'm the bar manager.
Q. And when did you leave the Blue Hour?
A. I left the Blue Hour in April of last year.
Q. And how come? Why did you leave the Blue

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Hour?
A. Time for something new.
Q. I know you said that your father was in law
enforcement. Do you have any other friends or family
members in law enforcement?
A. No, I don't.
I take that back. Yes. My Aunt Frannie
was -- she worked for the California Highway Patrol
for 20, 25 years.
Q. Anybody else?
A. No.
Q. Any friends in law enforcement?
A. NO.
Q. In those situations that you described for
Mr. Rice where you were the victim of a crime, did you
have contact with the police at that time?
A. No.

Q. You didn't file a police report?


A. No.
Q. So there was never any investigation nor
resolution of the burglaries that you described?
A. NO.
Q. Did you get your cars back?
A. Cars - - cars weren't stolen.
Q. It was something stolen out of your car?

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A. Correct.
Q. And you never made a police report?
A. NO.
Q. Why?
A. I don't want to burden our police department
with small crimes when there's more crimes out there
that need to be solved.
Q. What was taken out of your car wasn't of
terrific amount?
A. No.

Q. I mean, it wasn't like a laptop computer or


something like that?
A. No; car stereos mostly.
Q. What about in the mental health field? Do
any of your friends or family members work in the
mental health field?
A. Does social work count?
Q. That could count.
A. Okay. Then yes.
Q. Okay. And who would that be?
A. My girlfriend.
Q. And what does she do?
A. She works at a - - do you want the name or do
you want what she does?
Q. Both.

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A. She works at New Avenues For Youth, and she's


an intake coordinator.
Q. And what is New Avenues For Hope?
A. New Avenues For Youth.
Q. For Youth.
A. It's a nonprofit agency that provides
services for homeless youth on the street.
Q. What about in the paramedic field? Do you
have any friends or family that work in those fields?
A. No. Not anymore I should say. These are
friends that I haven't spoken to in about a decade,
but I had really close friends that were chief
paramedics in Reno and in Tahoe.
Q. Okay. Are you aware of the fact that there's
a documentary being made in regard to Mr. Chasse?
A. Yes, I am.
Q. Have you contacted the people who are
producing that movie?
A. Yes, we've been in contact.
Q. And have you been interviewed by them?
A. Yes, I have.
Q. Anybody else who you've been interviewed by?
A. No.
Q. How long were you interviewed by the movie
producer? How long ago?

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A. Three months ago.


Q. Did they tell you when that movie is going to
be released?
A. No, they didn't.
Q. Do they know?
A. No, they don't.
Q. And I assume that I'm safe in assuming that
you never made a complaint to Multnomah County
Sheriff's Office in regard to this incident?
A. In regards to Mr. - -
Q. In regard to the incident involving
Mr. Chasse to the County Sheriff.
A. No, I haven ' t .
MS. DUNAWAY: Okay. That's all I have.
EXAMINATION
BY MS. BACK:
Q. My turn. Hi.
A. Okay.

Q. I'm Jean Back.


A. Hi, Jean.
Q. And I represent AMR and the paramedics who
were there that day.
A. Okay.
Q. And you're saying you have some little bit of
EMT training?

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A. Yes, very limited.
Q. Okay. First of all, I had a chance to take a
look at your statement that you gave to Detective
Courtney right after the incident, and is it fair to
say that this was taken shortly after the accident - -
the incident occurred?
A. Yes, it was.
Q. Do you think your memory was better on the
date that this was taken than it is today?
A. Yes.
Q. You indicated in this statement that - -
there's a statement that says, Police officers didn't
disclose either that he was beaten, and you were
talking in this paragraph about when the paramedics
were there. Do you recall by this statement, were you
trying to say that police officers didn't disclose to
the paramedics that Mr. Chasse had been beaten?
A. I think during that statement I had more my
feelings kind of taking over my - - what actually
transpired. I can't honestly say yes or no whether
that conversation happened or not, but my general
feeling on that was that if that conversation had
happened, he wouldn't have been going to the, to the
jail.
Q. Okay. And is it fair to say that when the

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paramedics arrived, Mr. Chasse had already been


restrained and was just laying on the ground?
A. Correct.
Q. So they didn't see any of what transpired
before they got there?
A. That's correct.
Q. And you indicated when you testified that you
saw the female paramedic attending to him?
A. Correct.
Q. And you saw him hooked up to a machine?
A. Correct.
Q. What part of his anatomy was the machine
hooked up to?
A. I believe it was his hand, his finger,
somewhere in this area.
Q. Okay. And what other tests did you observe
them do, if anything?
A. That's really about it.
Q. When you took your paramedic courses, did you
ever learn about taking a blood glucose level?
A. No, I didn't.
Q. Did you see them, anyone try to poke
Mr. Chasse at any time, like with a needle?
A. NO.
Q. Did you, when you were testifying for - - or

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answering the questions that Mr. Rice was asking you,


you indicated that Mr. Chasse wasn't carrying
anything. Is that your recollection?
A. Not on his person. I know he had a backpack.
Q. Okay. He had a backpack when he was - - so
with him he had a backpack that day?
A. Correct.
Q. And did you see where the backpack was when
he was on the ground?
A. Yes, I did.

Q. Where was that?


A. It was on the corner, right in front, on - -
office corner of Homer Williams, on the ground.
Q. Did you observe whether the paramedics wore
gloves at all when they were doing their treatment?
A. Yes, I did.
Q. What color were those gloves?
A. Light blue.
Q. And you said you saw this machine or that the
paramedic had with her that day that was hooked up.
Did that machine look anything like Mr. Chassels
backpack?
A. NO.
Q. How did it look different than that, than the
backpack?

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1 A. It was an actual machine. You can tell.
2 Q. Was it in a bag?
3 A. NO.
4 Q. What was it in?
5 A. It was a solid metal case.
6 Q. Did it have any sort of signs on it?
7 A. It looked like - - yes. It looked like it had
8 a display, an LED or some kind of display on it.
9 Q. I'm searching through here to see if there's
10 anything I wanted to follow up on.
11 And so, moving back to when the paramedics
12 arrived, did you hear any conversations between the
13 police and the paramedics when the paramedics arrived?
14 A. No, I didn't.
15 Q. And then when the paramedics left, you
16 weren't there?
17 A. Correct.

Q. Correct? So you wouldn't have heard or seen


anything involved with them leaving?
A. NO.
MS. BACK: That's all I have.
EXAMINATION
BY MR. STEENSON:
Q. Let me ask you a few questions. Let's mark
this first.

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(Deposition Exhibit No. 313 was marked for
identification.)
MR. STEENSON: Just for the record, I think
313 was marked previously with a different number. I
don't have it with me.

Q. (By Mr. Steenson) Mr. Marquez, is this one of


the photos that you took with your cell phone camera?
A. That's correct.
Q. You said that you thought the officer who had
kicked Mr. Chasse was wearing steel-toed boots. Why
did you think they were steel-toed?
A. Because of the years I spent in construction.

Q. So what was it about the boots, or the boots


that you saw, that made you think they were like the
ones that you used in construction?
A. I was also familiar with -- I recognized them
because they are the boots that you wear as a fire
department, as an EMT. Again, like my friends in
Tahoe that were, you know, chief -- chief paramedics.
I used to observe them coming home and wearing the
same clothing, so...
Q. That night did you know the names of any of
the officers when you were observing what was
happening?
A. No, I didn't.

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Q. So, when you told Mr. Rice that you thought


it was Officer Humphreys who had done the punching to
the face, the kicking, the stomping, how did you reach
the conclusion that it was Officer Humphreys versus
Sergeant Nice, in terms of the name?
A. By the faces.
Q. Okay. Tell me about how the faces you saw,
whether it was from TV or how you made that
connection.
A. I don't remember. I believe it was the
newspaper articles.
Q. Okay. Looking at Exhibit 313, can you tell
me from looking at that if you can recall which one
you believe was Officer Humphreys versus Sergeant Nice
or any of the other officers if you know them now by
name?
A. Yes, I can.

Q. Point out - -
A. The gentleman wearing the hat on the cell
phone.
Q. That's Officer Humphreys?
A. I believe so.
Q. And are there any other officers you can
identify in that photo?
A. NO.

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Q. And which officer actually searched


Mr. Chasse when he was handcuffed and found the
wallet?
A. I believe that would be Kyle Nice.
Q. And you think it was Sergeant Nice or Officer
Humphreys who you believe made a call for medical
help?
A. I don1t know.
Q. Did you see anyone -- let me strike that.
Do you recognize the object in the photograph
on the left-hand side that's above the white police
car, kind of to the left of the circle of people that
are standing?
A. No, I don't.
Q. All right. Did you see anyone search the
backpack you saw that night that was on the corner?
A. No, I didn't.
Or that I can recall.

Q. That's all I have. Thank you.


EXAMINATION
BY MR. RICE:
Q. Just a couple of questions, Mr. Marquez.
Listening to the questions you were asked, were you
upset that Mr. Chasse was taken to the jail, as
opposed to being taken to the hospital?

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A. Yes, I was.
Q. And did you learn about that on a time
subsequent to the day of what you observed?
A. No, I heard it then.
Q. How did you learn about where he was taken
that day?
A. Mr. Asa Bautista.
Q. Did Mr. Asa Bautista tell you how he knew
where he was being taken?
A. Yes, he did.
Q. And what did he tell you?
A. He said they put him in the police car.
Q. And did he know where the police car was
going?
A. No.
Q. Did you know or did you hear what either
Sergeant Nice or Officer Humphreys told the AMR
individuals at the scene in terms of what had happened
in terms of the history?
A. No.
Q. Did you hear Sergeant Nice or Sergeant
Humphreys or Deputy Burton, for that matter, tell
anyone from the fire bureau what had happened?
A. No.
Q. So you're not sure what history the medical

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1 care providers received from law enforcement - -


2 A. No.
3 Q. -- is that right?
4 A. That's correct.
5 Q. There were some questions regarding you being
6 interviewed by a movie that's being made?
7 A. Correct.
Q. And interview can mean a lot of different
things. Were you filmed? Did you give a filmed
statement?
A. Yes, I did.
Q. So that would be like an audio or video
statement about what transpired?
A. That's correct.
Q. Have you received a copy of that?
A. No, I haven't.
Q. And who contacted you regarding the film?
A. Jason Renaud.
Q. And is he somehow involved with the
production of the movie?
A. No.
Q. How did he come to contact you?
A. He contacted me by e-mail.
Q. And is he an agent somehow that's contacting
people to be part of the movie?

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A. No, he's not.


Q. Why would he contact you then?
MR. STEENSON: Objection. Speculation. Go
ahead.

Q. (By Mr. Rice) If you know.


A. What's that?
Q. Do you know why he contacted you?
A. To ask about the interview.
Q. Okay. And so what did his conversation
consist of?
A. Roughly, There's a filmmaker making a
documentary on the Chasse incident and the Chasse
actions that transpired and things that led up to that
and things that are happening now, and he would like
your, your words on that.
Q. Okay. And did he make an arrangement for you
to meet with somebody?
A. He didn't, no.
Q. How did it come to be then that you met
somebody from the movie?
A. Through e-mail correspondence.
Q. So did you e-mail someone or did someone
e-mail you?
A. Somebody e-mailed me.
Q. And who was that person that e-mailed you?

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1 A. The filmmaker.
2 Q. And who is that?
3 A. I don't remember his name.
4 Q. What did the e-mail consist of doing?
5 A. Asking when I had time available.
6 Q. Setting up an appointment, essentially?
7 A. Correct.
Q. And so you agreed to go talk to them at some
point?
A. I did.
Q. And was the purpose of the meeting to
actually film or simply to interview you ahead of
time?
A. To interview.
Q. So you met them first before any filming took
place?
A. I did.
Q. And how long did that take? How long was the
interview?
A. The actual conversation about that was
probably a half hour, but it was a two-hour long
session, I guess.
Q. What happened in the other hour and a half?
A. There were several people in the room. We
just talked about the Portland mental health issues.

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Q. Sort of a group dynamic?
A. Correct.
Q. And then did you come back a separate day to
actually be videoed or filmed, whatever the medium
was?
A. Yes, I did.
Q. And when was that?
A. I don't have the exact date.
Q. And were you told anything in terms of how to
dress, your appearance, anything like that?
A. No.
Q. So you just showed up one day?
A. Yes.
Q. And where was that physically that you showed
up at?
A. In a house.
Q. Do you know where that house was?
A. 82nd somewhere is all I remember.

Q. Out on S.E. 82nd?


A. Correct.
Q. And when you went out there, is there a
studio somehow set up in a house?
A. Yes.

Q. Is that what it is?


A. Yes.

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Q. And do you know any of the people that were


responsible or in fact making the movie other than the
person whose name you can't remember?
A. No, I didn't.
Q. Was there more than one - - sometimes you
think of a movie being made, perhaps in the old days,
there's more than one take. Was there just one
session where they asked you questions, or did they go
over it and then come back again?
A. Just one session.
Q. Okay. And how long was that filming or
videoing if we can call it that?
A. Roughly two hours.
Q. So you gave about a two-hour statement?
A. Correct.
Q. Have you had any other contact with the
people involved in that video production we have not
talked about?
A. No.
Q. In answering the questions for me today and
the other individuals who have asked you questions
here, are you relying solely on your memory, or has
your memory been refreshed by having the opportunity
to look at the newspaper articles and other documents
you brought in here today?

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Jamie Mica Marquez, 8/7/2008 Chasse v. Humphreys, et al.

A. Both.

Q. That's all I have. Thanks.


A. Okay.
EXAMINATION
BY MS. DUNAWAY:
Q. I have one more. Did you ever see any
injuries on Mr. Chasse?
A. The face, the blood on the face, yes.
Q. Where was the blood?
A. Lower.

Q. So somewhere below his mouth?


A. I'm going to assume coming out of his mouth
Q. Did you ever hear him complain about any
injuries to anyone?
A. No.
Q. And did you hear anybody who was standing
around Mr. Chasse say anything about him being
injured?
A. No.
MS. DUNAWAY: Okay. That's all.
MR. RICE: Thanks for coming down here.
THE WITNESS: Okay.
MS. BACK: Thank you.
(The deposition concluded at 4 : 5 6 p.m.)

Schmitt & Lehmann, Inc.


(360) 695-5554 ** (503) 223-4040
Jamie Mica Marquez, 8/7/2008 Chasse v. Humphreys, et al.
125

C E R T I F I C A T E

I, Robert J. Lehmann, a Certified Shorthand


Reporter for Oregon, do hereby certify that, pursuant
to stipulation of counsel for the respective parties
hereinbefore set forth, JAMIE MICA MARQUEZ personally
appeared before me at the time and place set forth in
the caption hereof; that at said time and place I
reported in Stenotype all testimony adduced and other
oral proceedings had in the foregoing matter; that
thereafter my notes were reduced to typewriting under
my direction; and that the foregoing transcript, pages
1 to 125, both inclusive, constitutes a full, true and

accurate record of all such testimony adduced and oral


proceedings had, and of the whole thereof.
Witness my hand and CSR stamp at Vancouver,
Washington, this 18th day of August, 2008.

Certificate No. 90-0217

Schmitt & Lehmann, Inc.


(360) 695-5554 ** (503) 223-4040

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