Professional Documents
Culture Documents
)
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
Shtt&Lehmann,hc.
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
Fax (360) 695-1737 ww.slreporting.com slinc@qwestoffice.net
Jamie Mica Marquez, 8/7/2008 Chasse v. Humphreys, et al.
2
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
10 EXHIBITS
13
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?
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?
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,
16
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.
A. Yes, it was.
Q. When did you go to school down in Sacramento?
A. '92 to '94.
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.
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?
people?
A. I would.
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?
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,
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.
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
56
1 A. That's correct.
2 Q. Okay. And I think you've told me, but how
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
63
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.
A. No.
Q. All right. And you also indicated he kicked
Mr. Chasse in the chest; is that right?
A. Yes, it is.
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. 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
73
A. No.
76
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
77
correct?
A. That's correct.
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. 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
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?
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.
84
A. No.
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. 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.
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?
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.
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.
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.
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?
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.
111
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
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.
118
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
A. Both.
C E R T I F I C A T E