Case RM Document 154-1 Filed 05/18/16 Page 1 of 159 PageID 3850 EXHIBIT A Kyle 154-1 Bradshaw Vol I Page 2 of 159 PageID 3851 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 · · · · · · · · UNITED STATES DISTRICT COURT · · · · · · · ·MIDDLE DISTRICT OF FLORIDA · · · · · · · CASE NO. 2:14-CV-270-JES-MRM ALEKSANDAR STEPANOVICH, MONIKA MOZOLICOVA, and IVANA KAVAJA, · · · · · · · ·Plaintiffs, vs. CITY OF NAPLES, FLORIDA; OFFICER KYLE BRADSHAW; OFFICER RYAN HARP; MASTER OFFICER MICHAEL O'REILLY; SERGEANT MICHAEL HERMAN; JOHN BARKELY; and CHIEF TOM WESCHLER, · · · · · · · ·Defendants. ________________________________________/ · · · · · · · DEPOSITION of KYLE BRADSHAW · · · · · · · · VOLUME I (Pages 1 - 128) Monday, November 9, 2015 10:03 a.m. - 4:12 p.m. 444 West Railroad Avenue, Suite 300 West Palm Beach, Florida· 33401 Reported by: Marsha Travis, FPR US Legal Support, Inc. Job Number: 1339695 U.S. LEGAL SUPPORT (561) 835-0220 Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 3 of 159 PageID 3852 November 09, 2015 10 ·1· · · · A· · I believe that the documents help refresh your ·2· ·memory and help refresh exactly what transpired. ·3· ·Obviously, they're authored shortly after the incident ·4· ·occurred, so definitely it did refresh some specificity ·5· ·of what happened.· But the independent recollection ·6· ·is -- I, obviously, remember the incident prior to ·7· ·reviewing those documents, and reviewing them did help ·8· ·bring up some of the smaller things that I may not have ·9· ·recalled. 10· · · · Q· · And in reviewing the documents, were there any 11· ·errors that you noticed, as we sit here three years out, 12· ·in any of these documents that you need to correct right 13· ·now before we get started? 14· · · · A· · No, sir. 15· · · · Q· · Where were you when you first learned that 16· ·there was a potential noise violation at Bayfront? 17· · · · A· · I don't recall specifically.· I was in that 18· ·sector, that was my assigned sector that evening, but I 19· ·don't recall where I was when I received the dispatch. 20· · · · Q· · And what did the dispatch tell you, if you 21· ·recall? 22· · · · A· · Verbatim, I don't recall.· They usually just 23· ·start off with the signal and the complaint and the 24· ·general nature.· But if you review the transcripts of 25· ·the audio, the police communication, they should have U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 4 of 159 PageID 3853 November 09, 2015 18 ·1· ·it's a policy, but it's definitely a common practice, ·2· ·something that we did, I, at least I did, on every ·3· ·single noise complaint. ·4· · · · Q· · Did the use of the term "fuck off" play any ·5· ·part in your decision to go forward and make contact ·6· ·with the Stepanovichs as opposed to giving a warning? ·7· · · · A· · No, sir.· And again it's 4:00 in the morning, ·8· ·they're having fun on their balcony.· Unfortunately, ·9· ·we -- I got cursed at a lot as a police officer.· It 10· ·really doesn't change your mentality.· Unfortunately -11· · · · Q· · It's not against the law? 12· · · · A· · It's not against the law.· It doesn't upset us 13· ·or whatnot.· It's just part of the job, unfortunately. 14· · · · Q· · Was this the first time you were ever told to 15· ·fuck off by somebody you interacted with as an officer? 16· · · · A· · Not at all. 17· · · · Q· · Did it happen quite frequently? 18· · · · A· · Yes, unfortunately, but yes.· But no, whether 19· ·or not he would have said that or not, I would have 20· ·still insisted on identifying somebody. 21· · · · Q· · So it didn't affect your reaction or behavior? 22· · · · A· · No, sir. 23· · · · Q· · Okay.· So what did you do -- so you don't 24· ·recall whether the sound was addressed and turned down? 25· · · · A· · I don't recall. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 5 of 159 PageID 3854 November 09, 2015 22 ·1· · · · A· · I've gone to I'd say 100-plus noise ·2· ·complaints, I've never, up to this point and after this ·3· ·point, have never had a noise complaint get this out of ·4· ·control where the parties were just that uncooperative. ·5· ·So, no, at the time it didn't even cross my mind that I ·6· ·would need to turn it on. ·7· · · · Q· · So at this point in time, you radioed for ·8· ·backup, and Officer Herman or Sergeant Herman and ·9· ·Officer Harp arrived? 10· · · · A· · Yes, sir. 11· · · · Q· · When these officers arrive, do you recall 12· ·whether the music and sound was down? 13· · · · A· · We -- if the building was an L-shape, the 14· ·entrance to the building was further away from where the 15· ·balcony actually was.· So at the point where 16· ·Mr. Stepanovich said to fuck off and go get a warrant, 17· ·and basically I'd decided that, hey, unfortunately we're 18· ·going to have to go up and try to knock on the door to 19· ·interact with them, I drove around to the side of the 20· ·building where the entrance and elevator area was. I 21· ·believe Officer Harp and Sergeant Herman both met me 22· ·over there, so I'm not sure when they arrived if the 23· ·volume was still up or not.· You really couldn't hear 24· ·anything.· It was a pretty decent distance away from 25· ·where their balcony was around the corner. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 6 of 159 PageID 3855 November 09, 2015 23 ·1· · · · Q· · So is it fair to say that you don't recall ·2· ·verifying that the noise violation was still present ·3· ·when Officers Harp and Herman arrived? ·4· · · · A· · I verified it when I arrived.· As far as when ·5· ·they arrived, I don't know if they -- that's something ·6· ·that they would have to answer if they went and drove by ·7· ·the front of the building first and heard and saw the ·8· ·noise coming out, or if they came in just directly to me ·9· ·on the side of the building. 10· · · · Q· · Did you have a conversation with Officer Harp 11· ·and Herman before taking any action to address the noise 12· ·violation? 13· · · · A· · I, obviously, told the sergeant what was going 14· ·on, Hey, you know, I pulled up and met with the 15· ·complainants.· I remember telling him about the male and 16· ·female on the balcony pointing to the unit.· I remember 17· ·telling them about my interaction with Mr. Stepanovich 18· ·and being told to fuck off and to get a warrant.· And I 19· ·remember discussing with him that it just seemed like 20· ·they were enjoying themselves and didn't seem like 21· ·anything volatile.· I'm not sure if he asked me that or 22· ·if I just said that, but I remember having that brief 23· ·conversation.· Normally, our CAD system, at quite a few 24· ·of the residences in Naples had gated entries, or some 25· ·of the buildings they would have a code.· This building U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 7 of 159 PageID 3856 November 09, 2015 26 ·1· ·But, no, typically we would try to identify who was in ·2· ·the unit; obviously, have that responsible party either ·3· ·receive the verbal or written notice to appear, verbal ·4· ·warning or written notice to appear. ·5· · · · Q· · Did you receive training one way or another ·6· ·about the timing of issuing a noise violation, whether ·7· ·you have to do it right then and there or whether you ·8· ·could come back the next day? ·9· · · · A· · I don't recall any specific training, but 10· ·primarily our call, especially at 4:00 in the morning 11· ·when you have a neighbor calling and saying, Hey, these 12· ·people have been partying and carrying on for quite some 13· ·time and my wife and I can't sleep, obviously we want to 14· ·try to resolve the issue, try to get that matter 15· ·resolved so the neighbors can go to sleep and, 16· ·obviously, have it addressed.· It's not common to just 17· ·leave and say, Hey, we'll deal with this at another 18· ·time. 19· · · · Q· · Who was making the noise in the unit? 20· · · · A· · I can't pinpoint any one specific person. 21· · · · Q· · Did the neighbors tell you who was making the 22· ·noise or did they just say it's that unit? 23· · · · A· · Just that unit. 24· · · · Q· · The next decision, I believe, or one of the 25· ·next decisions was to go up and actually make contact U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 8 of 159 PageID 3857 November 09, 2015 28 ·1· ·cooperate, identify yourselves, let us say, Hey, please ·2· ·keep the music down, have a good evening, and let it go, ·3· ·or, obviously, document and then let us, you know, get ·4· ·on to the next call. ·5· · · · Q· · Is it fair to say that de-escalating means ·6· ·when you have two options that you typically should take ·7· ·the one that provides the less probability of an ·8· ·escalation? ·9· · · · A· · Absolutely. 10· · · · Q· · Did you take the elevator upstairs or did you 11· ·take the stairs? 12· · · · A· · We took an elevator. 13· · · · Q· · And both Harp and Herman went with you? 14· · · · A· · Yes. 15· · · · Q· · What happened next? 16· · · · A· · We knocked on the front door, and we could 17· ·hear the noise and music coming from that unit.· We 18· ·knocked on the front door of that unit, and I don't 19· ·recall, I believe it was Mrs. Mozolicova who answered 20· ·the door. 21· · · · Q· · How loud was the music? 22· · · · A· · Still audible to hear through a closed door. 23· ·I don't recall specifically, but I know that we could 24· ·hear the music and the people carrying on inside the 25· ·unit when we were actually in front of the door. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw Vol I Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 9 of 159 PageID 3858 November 09, 2015 29 ·1· · · · Q· · Was the noise still at a point where ·2· ·independently that would have been a noise violation, if ·3· ·you remember? ·4· · · · A· · I don't remember.· Commonly -- I don't recall ·5· ·if it was at that point. ·6· · · · Q· · Who knocked on the door? ·7· · · · A· · I believe I did. ·8· · · · Q· · And who answered the door? ·9· · · · A· · Mrs. Mozolicova. 10· · · · Q· · What exactly did you say to her? 11· · · · A· · I believe I advised her, obviously, that we 12· ·were the police department, we received a noise 13· ·complaint.· I tried to get Mr. Stepanovich or the male, 14· ·I identified the male, I think I said there was a guy in 15· ·a blue shirt or whatnot that said he was the unit owner, 16· ·can I speak to him.· I was advised at that point by 17· ·Mrs. Mozolicova that he had left the unit.· She had said 18· ·that he was really drunk and being obnoxious and she 19· ·told him to leave.· At that point she identified herself 20· ·as the unit owner, and throughout the time there were 21· ·people inside the unit saying, Just shut the door, or, 22· ·you know, He needs a warrant, or just trying to tell 23· ·them, Hey, just don't cooperate.· And at that point, 24· ·that's when I asked her, Hey, can you come downstairs; 25· ·we're going to issue a notice to appear. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 10 of 159 PageID 3859 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 33 ·1· · · · A· · Absolutely. ·2· · · · Q· · Right?· And Ms. Mozolicova was cooperating ·3· ·with you, wasn't she? ·4· · · · A· · She was agitated.· She was very polite, but ·5· ·not as cooperative as we've dealt with -- I've dealt ·6· ·with quite a few people that have been intoxicated that ·7· ·were much more cooperative.· You could tell she was just ·8· ·annoyed and listening to the other people inside the ·9· ·unit, obviously, and kind of wavering on whether or not 10· ·she wanted to cooperate, whether or not she wanted to 11· ·come down and receive the notice to appear, and whether 12· ·or not they wanted to turn down the music and quiet the 13· ·party down. 14· · · · Q· · I just want to make it clear, you don't 15· ·remember how loud the music was if it was turned down 16· ·the point; is that a fair statement? 17· · · · · · ·MR. REYNOLDS:· Object to form. 18· · · · · · ·THE WITNESS:· I don't recall how loud the 19· · · · music was.· I just recall that we could hear it 20· · · · through the door as we were walking up.· I don't 21· · · · know if it was turned down from when we first 22· · · · arrived or whatnot. 23· ·BY MR. NORMAN: 24· · · · Q· · What about when the door was open, once the 25· ·door was open -- U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 11 of 159 PageID 3860 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 34 ·1· · · · A· · You could audibly hear the music. ·2· · · · Q· · But was it a noise violation at that point? ·3· · · · A· · It was absolutely based on the prior ·4· ·incidents.· Independently, independently, I'm not ·5· ·certain. ·6· · · · Q· · Did you tell Ms. Mozolicova, Hey, I just want ·7· ·to get your name and address, I'm going to give you a ·8· ·warning, but turn the music down?· Did that ever come ·9· ·through in the conversation? 10· · · · A· · I don't specifically recall, but I would 11· ·highly doubt that I would not say something like that. 12· ·I highly -- I don't know if I would say exactly that, 13· ·but I would highly doubt that I would go up there and 14· ·say, Hey, yes, just keep the music where it's at and 15· ·just keep carrying on and we're going to go downstairs 16· ·with Monika and then come back. 17· · · · Q· · Well, if you were giving a verbal warning, 18· ·couldn't you have just said, Can you step outside, not 19· ·downstairs but step outside and gotten her information? 20· · · · A· · Absolutely. 21· · · · Q· · There was no need for her to go downstairs? 22· · · · A· · I think at that point she was being told by 23· ·other people inside to just shut the door, not to 24· ·cooperate and -25· · · · Q· · But did you ask her directly? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 12 of 159 PageID 3861 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 37 ·1· · · · Q· · Did that factor play into your decision to ·2· ·escalate this into an NTA rather than a verbal warning? ·3· · · · · · ·MR. REYNOLDS:· Object to form. ·4· · · · · · ·MR. FOX:· Joined. ·5· · · · · · ·THE WITNESS:· No, there's nothing illegal ·6· · · · about her telling us that he went or left. I ·7· · · · didn't find any issue with that.· It's her husband, ·8· · · · or boyfriend, or whomever at the time, or a friend. ·9· · · · Obviously, we decided at the point that we 10· · · · continually asked them to just turn down the music, 11· · · · and we were continually told to leave, and that 12· · · · they weren't going to turn down the music, and to 13· · · · go get a warrant.· At that point that played into 14· · · · us issuing a notice to appear. 15· ·BY MR. NORMAN: 16· · · · Q· · Okay.· So Monika and Anamarija Miric come 17· ·downstairs with you, and three officers are talking to 18· ·Monika; is that right? 19· · · · A· · I don't recall if all three of us were talking 20· ·to her.· I'm not sure if maybe Sergeant Herman was 21· ·dealing with Mrs. Miric, who was pretty agitated and, 22· ·again, just being a little obnoxious.· But I do recall 23· ·having a conversation with her as I filled out the 24· ·paperwork. 25· · · · Q· · And Ms. Mozolicova was compliant at that U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 13 of 159 PageID 3862 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 38 ·1· ·point? ·2· · · · A· · Yes.· I mean she gave us the information.· She ·3· ·was agitated.· She was -- she seemed like she was ·4· ·annoyed by the whole scenario either at her friends and ·5· ·the people inside or by us, but she definitely seemed ·6· ·annoyed, but she was compliant. ·7· · · · Q· · She gave you the information that you ·8· ·requested? ·9· · · · A· · Yes, sir. 10· · · · Q· · And she accepted the NTA without incident; is 11· ·that fair to say? 12· · · · A· · Yes, absolutely. 13· · · · Q· · So at that point in time, what happened next? 14· · · · A· · So at that point, Mrs. Mozolicova and 15· ·Mrs. Miric went back up inside of the unit, and Officer 16· ·Harp and I were still down in the parking lot area. I 17· ·believe Sergeant Herman left or got dispatched to 18· ·another call.· I was sitting in my patrol car completing 19· ·the paperwork for the notice to appear and typing in 20· ·some notes, and we received a second dispatch several 21· ·minutes later indicating that the parties had gone -22· ·the parties had turned the music back up and were 23· ·creating a second noise complaint. 24· · · · Q· · Where was your car parked when you got the 25· ·second dispatch notice? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 14 of 159 PageID 3863 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 42 ·1· ·how it compared to the first one.· I don't recall.· But ·2· ·it definitely was audible.· Clearly it was audible ·3· ·enough for the neighbor to call again and say, Hey, it's ·4· ·still bothering us. ·5· · · · Q· · And how did it compare to the music, if you ·6· ·recall specifically, when you opened the door and had ·7· ·that conversation with Ms. Mozolicova? ·8· · · · A· · I don't recall. ·9· · · · Q· · So you're not sure whether or not the music 10· ·was the same level of sound when you had the 11· ·conversation with Ms. Mozolicova as when you verified 12· ·out back? 13· · · · A· · That's correct, I don't recall. 14· · · · Q· · When you verified the second time? 15· · · · A· · Yes, sir. 16· · · · Q· · It could have been equal? 17· · · · A· · Could have been.· But again, it wasn't 18· ·specifically just the music.· It was the people back on 19· ·the balcony again carrying on, and it was everything 20· ·combined that created the noise complaint.· It wasn't 21· ·solely just the music. 22· · · · Q· · Did you and Harp have a conversation about the 23· ·level of noise when you went to confirm the second noise 24· ·violation? 25· · · · A· · I don't recall an exact conversation.· No, U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 15 of 159 PageID 3864 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 50 ·1· ·asked several times on the balcony or not, they're just ·2· ·not being cooperative.· So, you know, if it does ·3· ·escalate to that, would you be willing to cooperate with ·4· ·us if we need a sworn statement from you saying that you ·5· ·were bothered by the noise?· And then he verbally said, ·6· ·Yeah, absolutely, or something to that nature, or ·7· ·affirmed, and then we went and interacted with the unit. ·8· · · · Q· · Did either Stoneburner or the female occupant ·9· ·tell you they wanted you to arrest someone? 10· · · · A· · No, not that I recall. 11· · · · Q· · And where did this conversation take place? 12· ·Were you actually inside the unit? 13· · · · A· · It was either like the front -- it was like a 14· ·balcony area.· And if I recall correctly, there was like 15· ·an indentation for lack of a better term near their 16· ·front door.· So I don't recall if it was in the front 17· ·hallway area or if it was directly inside their unit. 18· ·We didn't go inside to like a living room.· We didn't go 19· ·outside on like a balcony or the room adjacent to the 20· ·unit.· It was just in that front entranceway area. 21· · · · Q· · And at this point in time, you were still only 22· ·investigating a noise violation issue? 23· · · · A· · Yes, sir. 24· · · · Q· · Is that an arrestable offense or was it in 25· ·2012? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 16 of 159 PageID 3865 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 51 ·1· · · · A· · Yes, sir. ·2· · · · Q· · So after you had the conversation with ·3· ·Mr. Stoneburner or the female occupant, did you next go ·4· ·over to the Stepanovich unit? ·5· · · · A· · I did. ·6· · · · Q· · What offense at that point in time in your ·7· ·mind did you have probable cause to arrest for? ·8· · · · A· · At that point I was looking at two offenses, ·9· ·the city noise ordinance as well as disorderly conduct. 10· ·I felt that the statute of disorderly contact fit, 11· ·obviously, disturbing the neighbors and them -- and, 12· ·unfortunately I don't have the statute in front of me, 13· ·but I definitely felt at the time that that was 14· ·applicable.· Obviously, it's 4 o'clock in the morning, 15· ·you have several police officers telling you to turn 16· ·down the music, you guys are being too loud, you're 17· ·waking up your neighbors, your neighbors can't sleep, 18· ·they've call the police, so at that point those were the 19· ·two offenses that I felt were applicable at the time. 20· · · · Q· · So for a noise violation, you can issue it 21· ·basically to an occupant, lessor, owner of a residence, 22· ·right? 23· · · · A· · That's correct. 24· · · · Q· · So if there's too much noise coming from a 25· ·residence, you don't need to know who's making the U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 17 of 159 PageID 3866 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 52 ·1· ·noise, right? ·2· · · · A· · That's correct. ·3· · · · Q· · You're an owner, a renter, you should take it? ·4· · · · A· · Yes, sir. ·5· · · · Q· · So probable cause, too much noise, right?· But ·6· ·for disorderly conduct, you can't just give a hundred ·7· ·people in a house disorderly conduct.· You can't charge ·8· ·them for disorderly conduct, right? ·9· · · · A· · That's correct. 10· · · · Q· · You need to know the specific person being 11· ·disorderly; isn't that a fair statement? 12· · · · A· · That's correct. 13· · · · Q· · And did you have any specific information 14· ·regarding who specifically was being disorderly at that 15· ·point in time? 16· · · · A· · I believe that based on the interaction that 17· ·we had previously during the first noise complaint when 18· ·we first arrived there, I observed certain individuals 19· ·on the balcony that I could hear carrying on, 20· ·unfortunately, I didn't document it, and that's poor 21· ·documentation on my side.· So specifically going up 22· ·there the second time, I'm thinking that disorderly 23· ·conduct applies to Mr. Stepanovich and Mrs. Mozolicova 24· ·based on them being residents.· That's poor 25· ·documentation on my side. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 18 of 159 PageID 3867 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 53 ·1· · · · Q· · So your probable cause at that point in time ·2· ·to arrest for disorderly conduct was based on the fact ·3· ·that Mr. Stepanovich and Mrs. Mozolicova were either ·4· ·owners or occupants of the property? ·5· · · · A· · And hosting a party that was their ·6· ·responsibility, that they couldn't -- that they didn't ·7· ·and refused to control the parties inside of the unit. ·8· · · · Q· · But you didn't have knowledge that Mr. and ·9· ·Mrs. Stepanovich were the ones that turned the music up 10· ·really loud? 11· · · · A· · No, sir. 12· · · · Q· · You didn't have specific knowledge that they 13· ·were the ones that were talking very loud, did you? 14· · · · A· · No, sir. 15· · · · Q· · You didn't have any specific information 16· ·pertaining to what Mr. Stepanovich or Ms. Mozolicova 17· ·did? 18· · · · A· · That's correct, or anyone inside of the unit. 19· · · · Q· · So is it fair to say it was a general probable 20· ·cause based on too much noise coming from the unit? 21· · · · A· · Yes, sir. 22· · · · Q· · But that's really a noise violation? 23· · · · A· · At the time I didn't think that, but in 24· ·retrospect, I definitely can see where that's an issue, 25· ·you know, where that came up.· I believe at the time U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 19 of 159 PageID 3868 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 54 ·1· ·that I could have more clearly articulated who was ·2· ·causing the disturbance, I just didn't document that and ·3· ·didn't make note of that at the time.· So I don't recall ·4· ·who was -- I don't recall specifically for that ·5· ·disorderly conduct charge who was causing what type of ·6· ·disturbance. ·7· · · · Q· · And disorderly conduct requires more than just ·8· ·being loud in your home? ·9· · · · A· · Precisely. 10· · · · Q· · It does, right? 11· · · · A· · Yes. 12· · · · Q· · So even if you're loud and yelling in your 13· ·home, that's not disorderly conduct? 14· · · · A· · If your balcony's open, it's 4 o'clock in the 15· ·morning, you're hosting a house party, I believe at the 16· ·time that I was there that all those elements met the 17· ·disorderly conduct statute. 18· · · · Q· · Well, you're trained that you need to have 19· ·more than just loud noise in order for someone to be 20· ·committing disorderly conduct, right? 21· · · · · · ·MR. REYNOLDS:· Objection to form. 22· · · · · · ·THE WITNESS:· Yes, sir. 23· ·BY MR. NORMAN: 24· · · · Q· · You were trained as a Naples police officer 25· ·that, hey, just being loud isn't disorderly conduct, U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 20 of 159 PageID 3869 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 55 ·1· ·there's got to be something else, right? ·2· · · · A· · Yes, sir.· And that's why I mentioned the ·3· ·totality of everything that was going on was kind of ·4· ·what led us -- what led me to believe that that ·5· ·disorderly conduct charge fit. ·6· · · · Q· · But with hindsight, is it fair to say that now ·7· ·you believe there was not probable cause to arrest for ·8· ·disorderly conduct? ·9· · · · A· · I don't believe that I properly documented all 10· ·the elements of that crime.· Obviously, with the 11· ·incident that escalated so quickly, and it being so 12· ·volatile, I didn't stop to take notes.· I believe that 13· ·that crime could have applied and did apply, but I did 14· ·not document who specifically was being disorderly at 15· ·that point.· So I believe at the time it did apply, and 16· ·I could have done a lot better in documenting who it 17· ·applied towards in charging specifically.· But I, 18· ·obviously, with, you know, my coworker getting kicked in 19· ·the face, and fighting with people inside of the unit, 20· ·and the entire incident being so volatile, we didn't 21· ·have time to stop and take notes of exactly which party 22· ·was being disorderly. 23· · · · Q· · But we're talking before you entered, before 24· ·you knocked on the door the second time, and now you've 25· ·got the benefit of hindsight, you reviewed a lot of the U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 21 of 159 PageID 3870 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 56 ·1· ·documents, do you still believe that you could have ·2· ·created probable cause for disorderly conduct prior to ·3· ·the second time you knocked on the Stepanovich door? ·4· · · · · · ·MR. REYNOLDS:· Objection to form. ·5· · · · · · ·MR. FOX:· Joined. ·6· · · · · · ·THE WITNESS:· I think it's fair to say that if ·7· · · · I could have documented it better, if I had more ·8· · · · time to document it, and if I would have documented ·9· · · · it better, that I could answer that fairly, but in 10· · · · hindsight, I don't recall specifically who was 11· · · · being -- who had the elements of being disorderly 12· · · · or having that disorderly conduct charge.· I just 13· · · · don't recall. 14· ·BY MR. NORMAN: 15· · · · Q· · Well, did you see anybody being disorderly 16· ·before you knocked on the door the second time? 17· · · · A· · No, sir. 18· · · · Q· · Did you hear anybody specifically that you can 19· ·identify being disorderly? 20· · · · A· · No, sir.· I guess my thought process behind 21· ·that is if they would have been cooperative the second 22· ·time, and we would have gone to the door and interviewed 23· ·them and they said, Hey, you know, look, you know, 24· ·Monkia would have came out and said, Hey, look, you 25· ·know, I've tried to quiet everybody down, it's just this U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 22 of 159 PageID 3871 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 57 ·1· ·one person that just won't quiet down, et cetera, that's ·2· ·kind of my thought process behind the disorderly conduct ·3· ·charge is if we were to have more time and had more ·4· ·cooperativeness on their side to ask exactly who was ·5· ·creating the disturbance, you know, and we just ·6· ·interacted with you guys and said that your neighbor ·7· ·complained about the noise at 4:00 in the morning, and ·8· ·not ten or 15 minutes later, if that, you've turned the ·9· ·music up again or, you know, are creating another 10· ·disturbance where they felt it was necessary to call 11· ·again, you know, what's going on?· Who's creating the 12· ·violation?· Who's creating the disturbance? 13· · · · Q· · Okay.· But in order to arrest, you didn't need 14· ·the disorderly conduct, right? 15· · · · A· · No, sir. 16· · · · Q· · You could have arrested for the misdemeanor 17· ·second noise violation, right? 18· · · · A· · Yes, sir. 19· · · · Q· · The noise violation escalates and you're 20· ·trained first to give a warning, typically, second an 21· ·NTA, and then third you're allowed or you're trained 22· ·that you can arrest based on a noise violation? 23· · · · A· · Yes, sir. 24· · · · Q· · Right?· But it is a misdemeanor? 25· · · · A· · Yes, sir. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 23 of 159 PageID 3872 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 59 ·1· ·that a fair statement? ·2· · · · A· · Absolutely. ·3· · · · Q· · Did you and Officer Harp talk about waiting ·4· ·for your supervisor to arrive or wait for another ·5· ·supervisor to get there before you did anything? ·6· · · · A· · I don't recall us having that conversation. ·7· ·Typically -- in hindsight that probably would have been ·8· ·a great idea.· Maybe letting a, you know, fourth person, ·9· ·obviously, with them having dealt with Officer Harp and 10· ·I and Sergeant Herman, maybe Officer O'Reilly would have 11· ·had a better rapport and could have had them -- could 12· ·have de-escalated the situation better, but, again, 13· ·that's in hindsight.· At the time, I don't believe we 14· ·had any conversation, and I don't believe that kind of 15· ·crossed our mind.· We just kind of went up and met with 16· ·Mr. Stoneburner and immediately went to the unit. 17· · · · Q· · Because you realize there were five or so 18· ·people in the unit.· I mean, you knew there were 19· ·multiple people in the unit? 20· · · · A· · Yes, sir. 21· · · · Q· · And your perception was that some of the 22· ·people were drinking? 23· · · · A· · Yes, sir. 24· · · · Q· · So you knew you guys were outnumbered, 25· ·potentially alcohol involved, you've already described U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 24 of 159 PageID 3873 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 60 ·1· ·as a volatile situation, why not just wait for a ·2· ·supervisor? ·3· · · · A· · Again, in hindsight would it have been a good ·4· ·idea.· I suppose we didn't feel it was necessary at the ·5· ·time.· Again, going back up to knock on the door and ·6· ·say, Hey, what's going on, you know, did you guys turn ·7· ·the music back up, or is somebody being unruly, we're ·8· ·basically just trying to resolve the call.· I didn't and ·9· ·still don't necessarily think it was necessary to wait 10· ·for a supervisor.· Would it have been a good idea, sure. 11· ·But unfortunately, you know, we can't just stand around 12· ·and wait on every call.· Having known that it would lead 13· ·into the situation that it did, would I have waited at 14· ·this point, absolutely.· But I've gone to probably a 15· ·hundred plus noise complaints prior to this accident and 16· ·post this incident, and I've never had, never had a 17· ·noise complaint get this out of control, or have 18· ·somebody be that volatile or that uncooperative at 4:00 19· ·in the morning to turn the music down.· So I just didn't 20· ·think it was necessary. 21· · · · Q· · What did the noise sound like just before you 22· ·knocked the second time? 23· · · · A· · Specifically, I don't recall, but you can 24· ·definitely hear noise coming from the unit. 25· · · · Q· · Noise violation noise or -- was it still at U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 25 of 159 PageID 3874 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 61 ·1· ·the level of a noise violation if you specifically ·2· ·recall? ·3· · · · A· · I don't recall, but it could definitely ·4· ·audibly be heard from the hallway in front of the door. ·5· · · · Q· · I mean, you're allowed to have some noise, ·6· ·right? ·7· · · · A· · Absolutely. ·8· · · · Q· · You're just not sure, you don't recall whether ·9· ·or not it was exceeding the level for a noise violation? 10· · · · A· · I don't, no, sir. 11· · · · Q· · Who knocked on the door, was it you or Officer 12· ·Harp? 13· · · · A· · I believe it was me. 14· · · · Q· · And who answered the door? 15· · · · A· · I believe at that point it was Mrs. Miric, if 16· ·I recall correctly.· She advised that we needed a 17· ·warning, which I took to assume that she meant warrant. 18· ·Mrs. Mozolicova was standing behind her at the door, and 19· ·at that point we were trying to just talk to Monika, 20· ·Mrs. Mozolicova.· Mrs. Miric was just basically 21· ·intoxicated, and just being argumentative, and just 22· ·preventing us to have -- preventing us from having a 23· ·conversation with Mrs. Mozolicova, and just bluntly 24· ·being obnoxious in the doorway.· It's not something that 25· ·we're not used to dealing with, but it was very U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 26 of 159 PageID 3875 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 63 ·1· · · · Q· · Right, and they opened the door. ·2· · · · A· · Yes, sir. ·3· · · · Q· · Did you or did you think about saying, Hey, ·4· ·the noise is still there; if we have to come back again, ·5· ·we're going to arrest somebody? ·6· · · · A· · I don't recall our exact conversation. I ·7· ·don't even think we could get to that point because ·8· ·Mrs. Miric was interjecting at every -- every time I was ·9· ·trying to speak with Mrs. Mozolicova, Mrs. Miric would 10· ·interrupt, and was just being very vocal.· And I think 11· ·they shut the door on us before we even had a 12· ·conversation.· I don't recall specifically when. I 13· ·don't believe I ever threatened to arrest or said that, 14· ·you know, Hey, the ultimatum is we're going to take you 15· ·to jail next.· I believe it was when they opened the 16· ·door the second time, I asked Mrs. Mozolicova, I said -17· ·you know, we tried to interact with her a little bit 18· ·more.· Mrs. Miric and some of the other unit occupants 19· ·were telling them just to shut the door and not to 20· ·cooperate, basically.· And I said to Mrs. Mozolicova, at 21· ·that point I asked her to step out and said that I'm 22· ·going to place her under arrest for the noise ordinance 23· ·violation, and that's the first time that I believe that 24· ·placing somebody under arrest was mentioned. 25· · · · Q· · Had you told Ms. Mozolicova that if you had to U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 27 of 159 PageID 3876 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 64 ·1· ·come back again she would be arrested or someone would ·2· ·be arrested when you released her just after giving her ·3· ·the NTA? ·4· · · · A· · I'm not certain.· I, typically -- typically, ·5· ·we would say -- I don't recall specifically.· I have a ·6· ·vague recollection of somebody saying it was an ·7· ·arrestable offense but we're just going to issue a ·8· ·notice to appear instead of taking her to jail, but I ·9· ·don't recall saying that.· I'm not sure if it was 10· ·Sergeant Herman or Officer Harp or whom when we were 11· ·downstairs the first time issuing the NTA.· Just kind of 12· ·saying, Hey, these are our options and instead of taking 13· ·somebody to jail, we're just going to document it and 14· ·send you guys up and go about -- and, obviously, clear 15· ·the call.· But I don't specifically recall threatening 16· ·to arrest anyone or kind of giving that ultimatum. 17· · · · Q· · Okay.· So you tell Ms. Mozolicova you're going 18· ·to arrest her for noise violation? 19· · · · A· · Yes, sir. 20· · · · Q· · Let's go to your police report. 21· · · · A· · Okay. 22· · · · Q· · When did you draft this police report? 23· ·Incident report, excuse me. 24· · · · A· · Sure.· This is the arrest affidavit, the 25· ·booking document, and it was drafted shortly after the U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 28 of 159 PageID 3877 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 65 ·1· ·incident occurred. ·2· · · · Q· · Now, what's the difference between this ·3· ·document and the incident report? ·4· · · · A· · I honestly believe that they're the exact ·5· ·same.· I think it's copied and pasted like a Word ·6· ·document into the charging document, and the incident ·7· ·report.· So this charging document goes to the sheriff's ·8· ·office or the jail facility, and this is what, from my ·9· ·understanding, the judge reviews at the first 10· ·appearance, and this is our probable cause of arrest. 11· ·And then the incident report is the police department's 12· ·copy of the incident.· They also retain a copy of the 13· ·jail booking document as well. 14· · · · Q· · So whatever's in here, and when I say "here," 15· ·I mean the booking document, should also be in the 16· ·incident? 17· · · · A· · I haven't reviewed them side-by-side, but I've 18· ·reviewed them independently, and I believe it's 19· ·identical to what's in the incident report. 20· · · · Q· · Well, what were you trained on in 2012 or 21· ·before about what the documents should look like 22· ·compared to each other? 23· · · · A· · I always, to the best of my ability, would 24· ·have the incident report for the police department match 25· ·my arrest report.· Some officers would solely put their U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 29 of 159 PageID 3878 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 93 ·1· ·him crossing out what you wrote?· Is that, I mean, is ·2· ·that what you're interpreting? ·3· · · · A· · That's what I would surmise, absolutely, but I ·4· ·don't think anything I put in there was inaccurate based ·5· ·on the conversation that I had.· I think he's just ·6· ·clarifying that that warrant could take up to ten days ·7· ·to clarify.· But, again, that would be a question that ·8· ·you would have to clarify with him. ·9· · · · Q· · Okay.· Let's go to page 6, 6 of 9.· I'm going 10· ·to go line by line here. 11· · · · · · ·MR. REYNOLDS:· Starting at which line? 12· · · · · · ·MR. NORMAN:· We're going to do the first full 13· · · · paragraph. 14· ·BY MR. NORMAN: 15· · · · Q· · "Officer Bradshaw and Officer Harp knocked on 16· ·the door and Miric answered."· Did you both knock on the 17· ·door? 18· · · · A· · I don't recall exactly who knocked on the 19· ·door, but I believe it was me.· I don't remember 20· ·specifically if he knocked as well.· I believe it would 21· ·be me. 22· · · · Q· · Do you remember Miric answering? 23· · · · A· · I do. 24· · · · Q· · "Miric advised that the officers needed a 25· ·warning and Mozolicova came to the door again."· Okay, U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 30 of 159 PageID 3879 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 94 ·1· ·the question I have for you is when she said "warning," ·2· ·you understood that she meant warrant, right? ·3· · · · A· · Yes, sir. ·4· · · · Q· · I'm going to skip a few sentences.· Where it ·5· ·says, "Officers were able to gain compliance from the ·6· ·occupants and Miric opened the door again with ·7· ·Mozolicova standing behind her."· Did you knock on the ·8· ·door again?· Is that how you gained compliance? ·9· · · · A· · I believe so, yes, sir. 10· · · · Q· · Did you say, "Open the door.· We're going to 11· ·arrest you; we're going to break it in?" 12· · · · A· · I don't recall exactly what was said, but I 13· ·don't believe it was anything of that nature.· I think 14· ·we just kept knocking on the door.· I'm not sure if we 15· ·were able to communicate with them between the closed 16· ·door or not.· But eventually after knocking on the door 17· ·and/or ringing the doorbell, they eventually opened the 18· ·door again a few moments later. 19· · · · Q· · I'm going to break up the next sentence. 20· ·"Officers advised Mozolicova to step outside."· So she's 21· ·inside the house, right? 22· · · · A· · Yes, sir. 23· · · · Q· · You can agree with that? 24· · · · A· · Yes, sir. 25· · · · Q· · "So officers could affect an arrest for U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 31 of 159 PageID 3880 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 95 ·1· ·disorderly conduct and city ordinance violation 2237 ·2· ·Noise Violation," okay?· So you were going to arrest her ·3· ·for both disorderly conduct and a noise violation at ·4· ·this point in time? ·5· · · · A· · Yes, sir. ·6· · · · Q· · All right.· And we've already gone down the ·7· ·whole disorderly conduct issue regarding probable cause, ·8· ·right? ·9· · · · A· · Yes, sir. 10· · · · Q· · Is there anything that you've -- your memory's 11· ·been refreshed where you believe you have additional 12· ·factors for probable cause at this point in time than 13· ·when you first knocked on the door? 14· · · · A· · No, sir.· But I believe that when I authored 15· ·the report that I felt there was -- I believe that when 16· ·I authored this and I charged the disorderly conduct 17· ·charge, that it was applicable.· I just, unfortunately, 18· ·didn't document exactly what was, you know, what stood 19· ·out for each specific person. 20· · · · Q· · So you didn't include the elements of the 21· ·disorderly conduct in your report? 22· · · · A· · That's correct. 23· · · · Q· · And you're trained to do that? 24· · · · A· · Yes, sir. 25· · · · Q· · So when you write a report, you need to have U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 32 of 159 PageID 3881 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 96 ·1· ·the elements to support the crime? ·2· · · · A· · Absolutely. ·3· · · · Q· · "Mozolicova refused to step outside of the ·4· ·unit."· So that point in time she told you, I'm not ·5· ·coming outside.· And you already knew, you were told if ·6· ·you wanted to come in, get a warrant? ·7· · · · A· · Yes, sir. ·8· · · · Q· · Okay.· "At which point officers attempted to ·9· ·take physical custody of Mozolicova inside of the unit." 10· ·So you attempted at that point in time to take custody 11· ·of her inside the unit? 12· · · · A· · Yes, sir. 13· · · · Q· · Why were you going in the unit at that point 14· ·in time? 15· · · · A· · It's obviously been clarified to this point, 16· ·but at the time and when this incident occurred, I 17· ·didn't know that breaching a doorway would require a 18· ·warrant.· I thought because we could see her and, 19· ·obviously, were communicating with her that we could 20· ·simply take custody of her.· So that was something that 21· ·I acted on, that we acted on at that point that was 22· ·later clarified. 23· · · · Q· · Okay.· So was it your understanding at that 24· ·point in time that you could, as long as part of you 25· ·remained outside, you could go into the unit and pull U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 33 of 159 PageID 3882 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 97 ·1· ·somebody out? ·2· · · · · · ·MR. REYNOLDS:· Objection to form. ·3· · · · · · ·THE WITNESS:· I don't think at the time that ·4· · · · that even crossed my mind as to where she was ·5· · · · standing, or if she needed to be outside of the ·6· · · · door, or if she could be partially in the door. I ·7· · · · genuinely don't remember thinking that, you know, ·8· · · · she's inside the unit and I need to just, you know, ·9· · · · I need to digress and wait for a supervisor and get 10· · · · a warrant.· I just, I honestly felt that since she 11· · · · was visible to us and that we would literally just 12· · · · reach in and take her into custody at that point, 13· · · · that that was legal. 14· ·BY MR. NORMAN: 15· · · · Q· · Okay. 16· · · · A· · And I don't believe that that ever crossed my 17· ·mind of not being something that we could do. 18· · · · Q· · Okay.· Now, how long had you been on the 19· ·force? 20· · · · A· · At this point, just over a year. 21· · · · Q· · And had you ever received training regarding 22· ·arresting someone in their residence from City of Naples 23· ·or elsewhere? 24· · · · A· · With the exception of the police academy and 25· ·field training, it hasn't been a specific topic, the U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 34 of 159 PageID 3883 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 99 ·1· ·allowed to do in terms of going into the residence to ·2· ·effectuate an arrest at that point in time? ·3· · · · A· · We, you know, this entire call started off ·4· ·with us just trying to communicate to turn down music. ·5· ·It got escalated to being told to fuck off and to get a ·6· ·warrant, and then us coming upstairs and having to issue ·7· ·a notice to appear.· Like I've said previously, I've ·8· ·been to probably a hundred plus noise complaints before ·9· ·this incident and after this incident, and I've 10· ·genuinely never had any type of interaction as volatile 11· ·or had any group that was as noncompliant and just 12· ·didn't care as this. 13· · · · Q· · I don't mean to cut you off. 14· · · · A· · Yes, sir. 15· · · · Q· · I just, I want you to focus on the question, 16· ·and the question is:· What did you understand you 17· ·were -- and what I'm talking about is what did you 18· ·understand you could do in terms of going in a house to 19· ·effectuate an arrest for a misdemeanor at that point in 20· ·time? 21· · · · A· · Sure.· And I just want to preface that with I 22· ·think we did everything that we could time and time 23· ·again to interact with Mrs. Mozolicova, Mr. Stepanovich, 24· ·the occupants of the unit to simply get the noise 25· ·complaint to go down.· So I believe at that point, after U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 35 of 159 PageID 3884 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 100 ·1· ·exhausting, asking them to turn down the music, coming ·2· ·up to the unit, asking them again, issuing the notice to ·3· ·appear, coming up and trying to interact with them ·4· ·again, getting the door shut in my face, basically them ·5· ·telling us, Hey, you can't do anything, go get a ·6· ·warrant, and have a good day, at that point I believed ·7· ·that I had the legal authority to try to take custody of ·8· ·Mrs. Mozolicova, because she was physically maybe a foot ·9· ·away from me to, unfortunately, have to take her into 10· ·custody because of the noise ordinance violation and 11· ·them refusing to address that. 12· · · · Q· · Okay.· Did you believe that you could go into 13· ·the house completely?· Was that your understanding? 14· · · · A· · Yes, sir. 15· · · · Q· · So if, for instance, she was on the other side 16· ·of that door, you could go completely through that door 17· ·in order to arrest her for a misdemeanor noise 18· ·violation.· That was your understanding?· And I'm not 19· ·asking you now but at that point in time. 20· · · · A· · At that point in time, I honestly don't think 21· ·it crossed my mind.· I think in my mind that I could 22· ·literally see her and she was a foot away from me, and I 23· ·literally reached out and grabbed her, I think at that 24· ·point it was just that we were in such close proximity I 25· ·really didn't even -- the point of her being inside a U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 36 of 159 PageID 3885 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 101 ·1· ·residence genuinely did not even cross my mind.· It's ·2· ·just, you know, we've asked her to turn it down, they ·3· ·said "No;" I've asked her to step outside, we're going ·4· ·to take you into custody, "No;" okay.· At that point we ·5· ·reached in, she slapped my hand off.· We began to have ·6· ·the confrontation with Miric.· And, you know, obviously, ·7· ·when I went in, I thought it was, I, unfortunately, ·8· ·thought it was legal. ·9· · · · Q· · But I just want to -- and we'll get into that, 10· ·but you don't recall ever receiving training telling you 11· ·you're not allowed to go inside to arrest somebody for a 12· ·misdemeanor without a warrant? 13· · · · · · ·MR. FOX:· Objection. 14· · · · · · ·MR. REYNOLDS:· Joined. 15· · · · · · ·THE WITNESS:· I do recall academy training and 16· · · · conversations, again, through field training and 17· · · · throughout my tenure there of when that is 18· · · · applicable and when you can and cannot go into a 19· · · · residence.· So I do recall receiving some training 20· · · · on it specifically from the Naples Police 21· · · · Department, and if there was a course specifically 22· · · · on that, I genuinely don't recall. 23· ·BY MR. NORMAN: 24· · · · Q· · So you had been trained that you're not 25· ·allowed to go into someone's house to arrest them for a U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 37 of 159 PageID 3886 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 102 ·1· ·misdemeanor at that point in time? ·2· · · · A· · Yes, sir. ·3· · · · Q· · You understood that? ·4· · · · · · ·MR. REYNOLDS:· Object to form. ·5· · · · · · ·THE WITNESS:· Clearly not, but -- I thought I ·6· · · · did, but based on this incident, I didn't ·7· · · · understand it as clearly as I should have. ·8· ·BY MR. NORMAN: ·9· · · · Q· · But you recall that you had been trained that 10· ·you weren't allowed to go into someone's house for a 11· ·misdemeanor to arrest -12· · · · · · ·MR. FOX:· Objection. 13· · · · · · ·MR. REYNOLDS:· Joined. 14· ·BY MR. NORMAN: 15· · · · Q· · Did Officer Harp tell you while you were 16· ·there, Hey, Bradshaw, you're not allowed to go pull 17· ·somebody out of the house? 18· · · · A· · No, no, sir. 19· · · · Q· · Did he tell you, Hey, you're not allowed, you 20· ·know, we're not allowed to go in their house for a 21· ·misdemeanor or anything to that effect? 22· · · · A· · Not that I recall, I don't believe so. 23· · · · Q· · Do you remember him saying anything about, 24· ·Hey, we've got to be careful here, this is just a 25· ·misdemeanor? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 38 of 159 PageID 3887 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 103 ·1· · · · A· · No, no, sir.· I believe I recall that we said ·2· ·something into the doorframe before I even reached in, ·3· ·something like 15 or something as if, you know, Hey, I'm ·4· ·going to take her into custody.· I don't recall the ·5· ·conversation, but I don't remember either of us saying ·6· ·we can't do this for a noise complaint, or we can't go ·7· ·in the house or anything of that nature. ·8· · · · Q· · Okay.· So I'm going to read the sentence once ·9· ·again.· It says, "Mozolicova refused to step outside of 10· ·the unit, at which point officers attempted to take 11· ·physical custody of Mozolicova inside of the unit." 12· ·All right.· So you guys had your hands on her inside of 13· ·the unit at that point, right? 14· · · · A· · Yes, sir. 15· · · · Q· · Okay.· So do you remember if you were actually 16· ·in the home at that point when you first put your hands 17· ·on Mozolicova? 18· · · · A· · I recall that we were in the doorway because 19· ·Miric was still in between us, and we were trying, 20· ·basically -- Miric was being obnoxious and just 21· ·confrontational the entire time, so I believe that we 22· ·tried to reach around or over Mrs. Miric and to 23· ·physically take Mrs. Mozolicova out of the unit and to 24· ·take her into custody at that point. 25· · · · Q· · And this was for the noise violation? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 39 of 159 PageID 3888 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 104 ·1· · · · A· · Yes, sir. ·2· · · · Q· · And both you and Harp got your hands on ·3· ·Mozolicova inside the unit? ·4· · · · A· · I don't recall if Officer Harp grabbed ·5· ·Mrs. Mozolicova when she was inside of the unit. I ·6· ·remember specifically trying to grab her arm and her ·7· ·hitting me off, and then dealing with Mrs. Miric.· I'm ·8· ·not sure about Officer Harp, though. ·9· · · · Q· · Okay.· "Miric stood in the way of officers and 10· ·blocked full access to Mozolicova."· So Miric was still, 11· ·she was inside the home also, right? 12· · · · A· · In the doorframe, yes, sir.· I'm not sure if 13· ·she was partially out of the door or not, but she was in 14· ·that doorframe area as well. 15· · · · Q· · And Mozolicova was behind her? 16· · · · A· · Yes, sir. 17· · · · Q· · Then it says, "Mozolicova hit Officer 18· ·Bradshaw's arm and pulled away." 19· · · · A· · That's correct. 20· · · · Q· · So when you reached in to grab her, what did 21· ·she do, she hit your arm?· She pushed your arm off? 22· · · · A· · I don't recall specifically if was with an 23· ·open or closed hand, but she hit my arm off, and then 24· ·went back into the unit. 25· · · · Q· · Didn't she just shrug away? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 40 of 159 PageID 3889 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 105 ·1· · · · A· · No, she took the other hand that I wasn't ·2· ·grabbing and literally hit my hand that I was grabbing ·3· ·onto her with. ·4· · · · Q· · When you say went back into the unit, she was ·5· ·already in the unit? ·6· · · · A· · Went further inside of the unit. ·7· · · · Q· · She went further inside the unit? ·8· · · · A· · Yes. ·9· · · · Q· · And then it says, "Mozolicova hit Officer 10· ·Bradshaw's arm and pulled away," we read that. 11· ·"Mozolicova retreated inside the unit and Miric blocked 12· ·access into the unit."· So Miric is in the doorway 13· ·still, or is she fully inside the house? 14· · · · A· · She's still in the doorframe. 15· · · · Q· · Okay.· "Miric was advised to move out of the 16· ·way, at which point she refused, and officers attempted 17· ·to place her into custody for disorderly conduct and 18· ·obstruction, resisting without violence."· So you 19· ·ordered her to get out of the way? 20· · · · A· · Yes, sir. 21· · · · Q· · Then you attempted to place her into custody 22· ·for disorderly conduct? 23· · · · A· · Yes, sir. 24· · · · Q· · What specifically did Miric do that 25· ·constituted the crime of disorderly conduct? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 41 of 159 PageID 3890 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 106 ·1· · · · A· · At that point she was being loud and carrying ·2· ·on at the doorway of the residence, creating a scene, ·3· ·and further disturbing -- causing a level of disturbance ·4· ·as to -- she was being loud enough to cause a level of ·5· ·disturbance to the neighbors and everyone else, and just ·6· ·her inebriation, et cetera. ·7· · · · Q· · But she's allowed to disturb the police.· You ·8· ·guys can be disturbed.· It's not a crime to be loud in ·9· ·front of a police officer, is it? 10· · · · A· · Absolutely not. 11· · · · · · ·MR. REYNOLDS:· Objection to form. 12· ·BY MR. NORMAN: 13· · · · Q· · It is? 14· · · · A· · No, I agree that it's not a crime.· But the 15· ·fact that she was in a residential building at 4:00 in 16· ·the morning, partially outside of the door, yelling and 17· ·screaming, and being disruptive and carrying on, at that 18· ·point that's where I felt that the disorderly conduct 19· ·charge was applicable. 20· · · · Q· · Well, in here you say that what she's doing is 21· ·telling you that you need a warrant, a warning. 22· · · · A· · She also said that we needed to leave and come 23· ·back with a warrant, absolutely.· But she was also 24· ·carrying on, and telling Mrs. Mozolicova not to 25· ·cooperate with us, and being loud.· And I don't recall U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 42 of 159 PageID 3891 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 107 ·1· ·the exact words that she was saying, but she was being ·2· ·disorderly to the point that it was causing a scene and ·3· ·preventing us from talking with Mrs. Mozolicova. ·4· · · · Q· · Do you have a specific recollection of that? ·5· · · · A· · I do not.· I recall vaguely dealing with her ·6· ·in the doorframe.· I don't specifically recall what was ·7· ·said and the exact verbiage. ·8· · · · Q· · Because you didn't include elements of ·9· ·disorderly conduct for Miric in your report, did you? 10· · · · A· · I do not believe so.· Based on reviewing it at 11· ·this point in time, I don't believe that the elements 12· ·are in there. 13· · · · Q· · And once again, you're trained to include the 14· ·elements when you draft a police report? 15· · · · A· · Yes, sir.· I don't believe the elements are 16· ·highlighted in there as they should have been, but I 17· ·believe at the time that when we placed her into custody 18· ·the elements existed, unfortunately, I just didn't 19· ·document them as thoroughly as I should have. 20· · · · Q· · "Obstructing, resisting without violence." 21· ·Why did you charge her for that? 22· · · · A· · At that point I felt that I had the legal 23· ·right to take Mrs. Mozolicova into custody, and as we 24· ·asked Mrs. Miric to step out of the way so we could 25· ·affect that arrest, she refused to, blocked access, and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 43 of 159 PageID 3892 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 108 ·1· ·at that point that's where I felt that charge was ·2· ·applicable, that she was obstructing our ability to take ·3· ·Mrs. Mozolicova into custody. ·4· · · · Q· · Okay.· But in order for that to be a crime, ·5· ·you have to be in the execution of your lawful order, ·6· ·right? ·7· · · · A· · That's correct. ·8· · · · Q· · And we've established that because you were in ·9· ·the house, you weren't actually in the execution of a 10· ·lawful performance of your duties? 11· · · · · · ·MR. FOX:· Objection. 12· · · · · · ·MR. REYNOLDS:· Object to form. 13· · · · · · ·THE WITNESS:· At the time of the incident, I 14· · · · believed that it was lawful.· But in review of 15· · · · everything and in hindsight, I agree that I 16· · · · shouldn't have gone inside of the unit to take 17· · · · Mrs. Mozolicova into custody. 18· ·BY MR. NORMAN: 19· · · · Q· · Okay.· That you weren't in the lawful 20· ·performance of your duty when you entered to take 21· ·Ms. Mozolicova into custody? 22· · · · · · ·MR. FOX:· Objection. 23· · · · · · ·MR. REYNOLDS:· Objection to form. 24· · · · · · ·THE WITNESS:· I believe so, yes, sir.· I'm not 25· · · · sure if it's unlawful or what a terminology would U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 44 of 159 PageID 3893 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 109 ·1· · · · be, but it definitely I shouldn't have done it. ·2· ·BY MR. NORMAN: ·3· · · · Q· · You thought it was okay? ·4· · · · A· · Yes, sir. ·5· · · · Q· · And it wasn't? ·6· · · · A· · That's correct. ·7· · · · · · ·MR. REYNOLDS:· Object to form. ·8· · · · · · ·MR. FOX:· Objection. ·9· ·BY MR. NORMAN: 10· · · · Q· · So in hindsight, you shouldn't have charged 11· ·Mozolicova with obstructing, resisting without violence? 12· · · · · · ·MR. REYNOLDS:· Objection. 13· ·BY MR. NORMAN: 14· · · · Q· · Is that a fair statement? 15· · · · A· · At the time I felt that -- could you repeat 16· ·the question?· Did you say disorderly conduct and did 17· ·you say both charges? 18· · · · Q· · We've already addressed the disorderly 19· ·conduct.· You believe -- let me clarify.· You believe 20· ·you had elements to arrest her for disorderly conduct, 21· ·but you just didn't put them in the report? 22· · · · A· · That's correct. 23· · · · Q· · Now, for the obstructing, resisting without 24· ·violence, because you later learned that you weren't in 25· ·the lawful performance of your duties, you didn't have U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 45 of 159 PageID 3894 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 110 ·1· ·probable cause to arrest her for that crime, right? ·2· · · · · · ·MR. REYNOLDS:· Object to form. ·3· · · · · · ·MR. FOX:· Objection. ·4· · · · · · ·THE WITNESS:· I felt at the time that I had ·5· · · · probable cause, but in hindsight, obviously, this ·6· · · · is a legal matter so I've been advised otherwise by ·7· · · · the state attorney and the other attorneys.· So I ·8· · · · believe that's correct, but I'm not a legal expert. ·9· ·BY MR. NORMAN: 10· · · · Q· · So Mozolicova retreats inside the home, right? 11· · · · A· · Yes, sir. 12· · · · Q· · And Harp's got Miric, right? 13· · · · A· · That's correct.· As we're taking Mrs. Miric 14· ·into custody, Mrs. Mozolicova came out of the unit and 15· ·tried to interact, or interject, or try to pull 16· ·Mrs. Miric back inside of the unit, so we're trying to 17· ·take Mrs. Miric into custody, Mrs. Mozolicova comes 18· ·outside of the unit, we attempt to take Mozolicova into 19· ·custody again at that point, I believe, and then she 20· ·went back inside of the unit.· At that point, Officer 21· ·Harp and I were able to get Mrs. Miric handcuffed and 22· ·placed her outside of the unit on the ground, and 23· ·Mrs. -- and then I went back inside of the unit to 24· ·attempt to arrest Mrs. Mozolicova. 25· · · · Q· · The situation was getting more volatile.· Why U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 46 of 159 PageID 3895 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 111 ·1· ·didn't you wait for a supervisor at that point in time? ·2· · · · A· · In hindsight, I absolutely should have.· At ·3· ·the time, things just happened so quickly, and ·4· ·Mrs. Mozolicova was visible to me from the doorframe, my ·5· ·goal was to try to de-escalate the situation by taking ·6· ·her into custody, removing her from the unit, hopefully, ·7· ·that would resolve the noise complaint and, obviously, ·8· ·not have how many other occupants inside the unit to ·9· ·deal with.· But in hindsight, I absolutely should have 10· ·waited. 11· · · · Q· · Because Harp stayed outside? 12· · · · A· · Yes, sir. 13· · · · Q· · So it was just you? 14· · · · A· · Yeah. 15· · · · Q· · And you knew there were four or five other 16· ·people at least inside? 17· · · · A· · Yeah, absolutely.· It was not a good decision. 18· · · · Q· · So it was not a good idea -19· · · · A· · Absolutely. 20· · · · Q· · So you go back in after Mozolicova, and she 21· ·flees to the back of the apartment? 22· · · · A· · That's correct. 23· · · · Q· · Right?· And you're still going in, you're 24· ·going to arrest her for the noise violation, right? 25· · · · A· · That's correct. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 47 of 159 PageID 3896 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 112 ·1· · · · Q· · And you're going to arrest her for resisting ·2· ·without violence. ·3· · · · A· · That's correct. ·4· · · · Q· · And you're going to arrest her for somehow ·5· ·interfering with your arrest of Miric? ·6· · · · A· · That's correct. ·7· · · · Q· · So those three crimes, all misdemeanors, ·8· ·right? ·9· · · · A· · At that point she hit me and struck me, so I'm 10· ·not sure if -- I'm not sure what charges specifically, 11· ·I'm not sitting in there cataloging exactly what charges 12· ·I'm going to charge her with, but I went back inside of 13· ·the unit to take her into custody. 14· · · · Q· · So you didn't all of a sudden have an epiphany 15· ·and say, Okay, the situation's changed.· Now I can go 16· ·follow her deep into her house? 17· · · · · · ·MR. REYNOLDS:· Object to form. 18· · · · · · ·THE WITNESS:· Once she came outside of the 19· · · · unit and followed us out there and she went back 20· · · · inside of the unit, I felt that at the time the 21· · · · fresh pursuit would have played, would have come 22· · · · into play, and that's why I actually went deep 23· · · · inside of the unit.· I'm not sure if it's an 24· · · · epiphany or not, but that's kind of my mindset as 25· · · · everything was transpiring very quickly. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 48 of 159 PageID 3897 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 113 ·1· ·BY MR. NORMAN: ·2· · · · Q· · Did you believe that you had fresh pursuit to ·3· ·follow her for a misdemeanor at that point in time?· Is ·4· ·that what was in your brain? ·5· · · · A· · I'm not sure if I even realized if it was a ·6· ·misdemeanor or not.· I know she had just struck me and ·7· ·tried to pull Mrs. Miric back inside the unit.· So I'm ·8· ·not sure what charge I'm thinking of in my head or what ·9· ·I'm thinking in my head outside of just trying to get 10· ·her into custody, to diffuse the situation, and to try 11· ·to resolve the matter, and, obviously, take care of the 12· ·noise complaint. 13· · · · Q· · So the thought of whether you could go into 14· ·the house for fresh pursuit, the issue of whether it was 15· ·a misdemeanor or not, didn't enter in your mind? 16· · · · A· · I'm not sure if it did or not, I'm just saying 17· ·I don't recall exactly what was going through my mind. 18· ·I don't recall -- I don't recall exactly what I was 19· ·thinking of at the time that I went back into the unit. 20· ·In retrospect it wasn't safe officer safety-wise, 21· ·because I was the only officer inside the unit. 22· ·Obviously, finding out that I shouldn't have breached 23· ·the doorway to take her into custody in the first place, 24· ·I mean, you think about a lot of things in hindsight, 25· ·but at the time I thought it was lawful and that it was U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 49 of 159 PageID 3898 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 114 ·1· ·applicable. ·2· · · · Q· · Okay.· So when you say Ms. Mozolicova hit you, ·3· ·did she punch you in the face? ·4· · · · A· · No, sir. ·5· · · · Q· · Did she kick you? ·6· · · · A· · No, sir, not at this point. ·7· · · · Q· · When you say she hit you, did she just hit you ·8· ·once?· Did she hit you multiple times?· What exactly did ·9· ·she do? 10· · · · A· · I remember being struck, I believe it was the 11· ·single time.· I'm not sure if she hit me multiple times. 12· ·But again, I'm not sure if it was with an open or closed 13· ·fist, but as I was reaching in to take her into custody, 14· ·I recall her striking my hand or striking my forearm 15· ·area somewhere hard enough that I let go of her, and at 16· ·which point she retreated back further inside the unit. 17· · · · Q· · So she struck you one time? 18· · · · A· · I don't recall if she struck me a couple of 19· ·times or what.· I don't recall. 20· · · · Q· · But you specifically recall at least one time 21· ·that Mozolicova struck you? 22· · · · A· · Hard enough to get me to release her arm or 23· ·wherever I was grabbing. 24· · · · Q· · Okay.· So your arm is inside the unit, we've 25· ·already established that, and she hit you to get you off U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 50 of 159 PageID 3899 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 115 ·1· ·of her? ·2· · · · A· · That's correct. ·3· · · · Q· · Okay.· And that's the only independent ·4· ·recollection you have of her striking you at that point ·5· ·in time? ·6· · · · A· · Yeah.· I don't recall if it was -- if you're ·7· ·asking how many times or if it was like with an open or ·8· ·closed fist, I don't recall that, but that's the only -·9· ·yes, sir.· I mean, I remember reaching inside the unit 10· ·to try to take her into custody.· I remember getting my 11· ·hand hit.· It all happened so quickly.· She retreated 12· ·back inside the unit.· We started dealing with 13· ·Mrs. Miric.· She came back outside, Mrs. Mozolicova came 14· ·back outside of the unit, tried to pull Miric back. I 15· ·mean, it all transpired in a matter of seconds. 16· · · · Q· · Okay.· So you're reaching for her and she hit 17· ·your hand? 18· · · · A· · I believe that I actually had -- I actually 19· ·was grabbing a portion of her arm or upper arm or 20· ·forearm.· I believe that I actually had contact with 21· ·her. 22· · · · Q· · Did she punch you?· Did she use an open hand? 23· · · · A· · I don't recall. 24· · · · Q· · But she did something to get you off her? 25· · · · A· · That's correct. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 51 of 159 PageID 3900 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 116 ·1· · · · Q· · And then she, your recollection is that she ·2· ·came out, tried to pull Miric in.· Once it became ·3· ·apparent that Miric was in custody, Monika retreated ·4· ·back in the house? ·5· · · · A· · Not entirely correct.· After she hit my arm, ·6· ·she kind of went back inside the unit a little bit more, ·7· ·and at that point we started interacting with Miric and ·8· ·taking her into custody.· And then at that point ·9· ·Mrs. Mozolicova came outside of the unit, tried to pull 10· ·Mrs. Miric back inside of the unit.· And we tried to, if 11· ·I recall correctly, to get Mrs. Mozolicova into custody 12· ·again, and at that point she went back inside the unit. 13· · · · Q· · Okay.· So you felt you had disorderly conduct 14· ·with Monika.· Pulling Miric in would be a misdemeanor, 15· ·obstructing, right? 16· · · · A· · I don't have the charges in front of me -- I 17· ·don't have a statute book in front of me, but that -- I 18· ·mean, obviously, by preventing us from taking somebody 19· ·into custody, yes. 20· · · · Q· · It would be a misdemeanor? 21· · · · A· · Yes, sir. 22· · · · Q· · She wasn't hitting you to get off of -23· · · · A· · I mean, she physically hit us once.· She 24· ·physically hit me at least once to get my arm off of her 25· ·while reaching inside the unit. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 52 of 159 PageID 3901 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 117 ·1· · · · Q· · But when she was trying to get Miric in she ·2· ·wasn't hitting you, she was just trying to pull Miric ·3· ·inside, right? ·4· · · · A· · Do you mind if I review the report? ·5· · · · Q· · Sure. ·6· · · · A· · Thank you.· I don't have an independent ·7· ·recollection of -- again, it all transpired very ·8· ·quickly.· (Reviews document.) ·9· · · · · · ·I don't believe so.· I believe she tried to 10· ·physically pull Miric back in the unit.· And then once 11· ·we disengaged and tried to take Mrs. Mozolicova into 12· ·custody, she went back inside of the unit. 13· · · · Q· · Okay.· Where on here does it say Mozolicova 14· ·hit you?· Does it say that? 15· · · · A· · Second paragraph and ten lines down, 16· ·"Mozolicova hit Officer Bradshaw's arm and pulled away. 17· ·Mozolicova retreated inside of the unit and Miric 18· ·blocked access into the unit." 19· · · · Q· · Okay, that was my bad. 20· · · · · · ·So when you say fresh pursuit -- well, let's 21· ·take a step back. 22· · · · · · ·When Mozolicova hit you, we're to understand 23· ·when she hit you, you were already inside or you already 24· ·had her inside the unit, right? 25· · · · A· · I believe I was outside of the unit. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 53 of 159 PageID 3902 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 118 ·1· ·Mrs. Miric was in between us, and I was -- and I had a ·2· ·portion of her arm inside of the unit.· She was inside ·3· ·of the unit. ·4· · · · Q· · Okay. ·5· · · · A· · Yes, sir. ·6· · · · Q· · When you were pursuing her, hot pursuit ·7· ·principle that you wrote in here, was it because you ·8· ·thought since she was pulling Miric inside that you ·9· ·could then go in after her, or do you not recall the 10· ·specifics of your -11· · · · A· · I don't recall exactly what was going through 12· ·my head.· But I know she had just hit me, I know we were 13· ·trying to get her into custody, so I was simply trying 14· ·to follow her back in to take her into custody. 15· · · · Q· · We're going to go to the final paragraph. 16· ·"Mozolicova retreated back into the unit, and in fresh 17· ·pursuit Officer Bradshaw entered the unit to affect an 18· ·arrest of Mozolicova."· We just talked about that. 19· ·"Once inside of the unit, Officer Bradshaw observed 20· ·Mozolicova go into a rear bedroom with a white male 21· ·subject."· Was that white male subject Milan Uzunovic? 22· · · · A· · Yes, sir. 23· · · · Q· · "Later identified as Uzunovic, Milan. 24· ·Mozolicova and Uzunovic went into a rear bedroom, shut 25· ·the door and locked the room.· Officer Bradshaw U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 54 of 159 PageID 3903 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 119 ·1· ·attempted to gain access to the room but was prevented ·2· ·by Stepanovich."· How did you try to gain access to the ·3· ·room? ·4· · · · A· · I tried the door handle and was knocking on ·5· ·the door.· I didn't try kicking in the door or anything ·6· ·to bring it down.· It was just simply trying to knock ·7· ·and get them to come out.· But I was very quickly pushed ·8· ·by Mr. Stepanovich inside of the unit next to that door. ·9· · · · Q· · Did Mr. Stepanovich say anything to you? 10· · · · A· · There were words exchanged.· Exactly what, I 11· ·don't recall specifically what he said. 12· · · · Q· · Did he ever say something to the effect of 13· ·'Why are you in my house'? 14· · · · A· · I don't recall specifically.· I know there's 15· ·an audio and video recording that started shortly after 16· ·they went into that unit.· I'm not sure if it's caught 17· ·on there as far as him saying that.· I don't 18· ·specifically recall the exact conversation. 19· · · · Q· · Did you tell him why you were in the house 20· ·when you first engaged with him? 21· · · · A· · I'm not sure if we had that -- I'm not sure if 22· ·it got to that point.· I believe that I went to that 23· ·back door, tried to knock and tried to open the door to 24· ·take Mrs. Mozolicova into custody, and I believe that I 25· ·was just struck by him.· It happened very quickly. U.S. LEGAL SUPPORT (561) 835-0220 I YVer1f Kyle154-1 Bradshaw Vol I Page 55 of 159 PageID 3904 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 120 ·1· ·don't believe that we actually stopped and had a ·2· ·conversation. ·3· · · · Q· · Are you sure that you didn't come into contact ·4· ·with Stepanovich before you made it to the door? ·5· · · · A· · I don't believe so.· I believe the door was ·6· ·already shut.· I know there is a video that kind of ·7· ·gives better detail.· I haven't had an opportunity to ·8· ·review that in preparation for this, but I know it ·9· ·catches a lot of the audible conversation and a lot of 10· ·what transpired. 11· · · · Q· · Do you have an independent recollection of 12· ·your interaction with Stepanovich, or are you solely 13· ·relying upon this report at this point? 14· · · · A· · I'm heavily relying on the report refreshing 15· ·my memory, and I just, I recall going in after 16· ·Mrs. Mozolicova independently, and getting hit by him 17· ·and interacting with him step by step, and it's not as 18· ·clear as it was when I authored the report. 19· · · · Q· · Okay.· It says, "...but was prevented by 20· ·Stepanovich." 21· · · · · · ·Before we go there I want to ask you:· You 22· ·charged Mr. Stepanovich with disorderly conduct also. 23· ·What was that based upon? 24· · · · A· · I believe the fact that he was on the balcony 25· ·carrying on.· Again, I didn't articulate the elements U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 56 of 159 PageID 3905 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 121 ·1· ·like I should have.· That's absolutely on me.· But I ·2· ·think in my mind when I actually make the charging ·3· ·document, it was based on the observation of him out on ·4· ·the balcony when the noise was coming from.· Obviously, ·5· ·when he was inside the unit and causing a disturbance, ·6· ·and fighting with the police officers, I thought at that ·7· ·point that was disorderly and caused further -·8· ·obviously, caused a further disturbance aside from the ·9· ·noise complaint for the reporting party as well as the 10· ·neighbors. 11· · · · Q· · So the disorderly was based on what happened 12· ·in his home with you? 13· · · · A· · Yes, subsequently.· It also included what 14· ·happened, you know, when we first got there.· The first 15· ·noise complaint standing outside observing him on the 16· ·balcony cheering and screaming and causing that noise 17· ·disturbance.· And then subsequently when we went up and 18· ·interacted with him inside the unit, yes, sir. 19· · · · Q· · How did Stepanovich prevent you?· What exactly 20· ·did he do to you? 21· · · · A· · That way that I recall it after reading the 22· ·report is that as I was trying to go into that back 23· ·bedroom or try to gain access to that back bedroom, I 24· ·recall being shoved from the side, at which point I 25· ·interacted with Mr. Stepanovich.· We began to struggle a U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 57 of 159 PageID 3906 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 122 ·1· ·little bit, I was able to get him into custody, and I ·2· ·brought him out to the front of the unit were Officer ·3· ·Harp was with Mrs. Miric. ·4· · · · Q· · But you don't remember him saying anything, he ·5· ·just shoved you?· Just shoved you? ·6· · · · A· · There were, at that point, two people in the ·7· ·bedroom, and I believe four others standing around, so I ·8· ·don't recall what each of them were saying.· I was kind ·9· ·of focused on taking Mrs. Mozolicova into custody, so I 10· ·don't recall exactly what was said to me by each of the 11· ·other individuals. 12· · · · Q· · I'm don't want to look at the report 13· ·intentionally right now, but what else did 14· ·Mr. Stepanovich do, if you have an independent 15· ·recollection of it? 16· · · · A· · I know that when we were struggling, he pulled 17· ·away and he struck me a couple of times trying to 18· ·prevent me from taking him into custody.· I believe a 19· ·brief struggle took place, and I was able to get his arm 20· ·behind his back and take him into custody.· And then I 21· ·walked him outside and, again, placed him outside of the 22· ·unit next to Mrs. Miric who was outside with Officer 23· ·Harp. 24· · · · Q· · Did he punch you, punch you in the face? 25· ·Punch you in the arm?· Hit you in the chest?· What U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 58 of 159 PageID 3907 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 123 ·1· ·exactly did he do? ·2· · · · A· · I don't believe I was struck in the face.· It ·3· ·all happened so quickly.· I believe it was in the arm. ·4· ·I'm not sure if it was the chest area.· But I'm not sure ·5· ·if it was intentional or just trying to flail and get ·6· ·away.· But I do recall having to struggle with him for a ·7· ·few moments to take him into custody. ·8· · · · Q· · Is it fair to say you don't remember where he ·9· ·hit you? 10· · · · A· · I know that -- yes, that is fair to say. I 11· ·know that I believe it was in the arms.· He was very 12· ·intoxicated, so it was very tough to get him into 13· ·custody, but I don't recall specifically where he hit me 14· ·at. 15· · · · Q· · So at that point in time, what were you 16· ·arresting Mr. Stepanovich for? 17· · · · A· · For pushing me and for obstructing my ability 18· ·to take Mrs. Mozolicova into custody.· I believe that he 19· ·independently -- or he purposefully pushed me away from 20· ·the door to prevent me from gaining access to the room 21· ·that his wife was in. 22· · · · Q· · Were you going to break down the door? 23· · · · A· · At that point, it didn't get to that point. I 24· ·don't know in hindsight, I don't believe I would have, 25· ·but it didn't get to that point. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 59 of 159 PageID 3908 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 124 ·1· · · · Q· · Because if the door is locked and you weren't ·2· ·going to break it down, then he wasn't preventing you ·3· ·from doing anything, it was the door, right? ·4· · · · · · ·MR. REYNOLDS:· Objection to form. ·5· · · · · · ·THE WITNESS:· That's correct. ·6· · · · · · ·MR. FOX:· Joined. ·7· · · · · · ·THE WITNESS:· Well, I'm not sure if the door ·8· · · · was locked or he pushed me as I was touching the ·9· · · · door to open it.· I don't even recall if the door 10· · · · was locked or not. 11· ·BY MR. NORMAN: 12· · · · Q· · Okay.· So you take Stepanovich out.· What 13· ·crimes were you charging Stepanovich with at that point? 14· · · · A· · At that point, disorderly conduct and 15· ·obstructing, obstruction, resisting without violence. 16· · · · Q· · So you weren't charging him for resisting with 17· ·violence at that point in time? 18· · · · A· · I mean, I felt that it's an applicable charge, 19· ·I just didn't document it as efficiently as I should 20· ·have. 21· · · · Q· · All right.· So you take Stepanovich outside 22· ·and you give him to Harp, right, you give him to Harp, 23· ·and so Harp's in charge of Stepanovich and Harp's in 24· ·charge of Miric at that point in time? 25· · · · A· · That's correct. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 60 of 159 PageID 3909 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 125 ·1· · · · Q· · You say I'm going to go back in.· I'm still ·2· ·going to get Mozolicova? ·3· · · · A· · That's correct. ·4· · · · Q· · Hindsight you shouldn't have gone in then? ·5· · · · A· · Absolutely not. ·6· · · · Q· · So you go back in, and do you go right for the ·7· ·door of the bedroom that she's in? ·8· · · · A· · As I was struggling with him, I don't recall ·9· ·exactly at what point, but I believe that she came out 10· ·of that back bedroom.· Again, I think there's a video 11· ·that kind of puts the timeline into better perspective. 12· ·But at some point I believe that she came outside of the 13· ·unit when I was taking Mr. Stepanovich into custody. 14· · · · Q· · Okay.· I'm on page 7 of 9 and the first full 15· ·sentence -- actually, the first sentence? 16· · · · A· · Would it be okay if we reviewed the video? I 17· ·think, obviously, walking through this, I just, 18· ·unfortunately, didn't have a copy of it to review in 19· ·preparation. 20· · · · Q· · Of the video, I actually wasn't going to get 21· ·to the video. 22· · · · A· · I mean, if you're asking me specifics on what 23· ·happened there, it very clearly has audio, it has some 24· ·video of them coming out of the door that I think would 25· ·better answer and help me refresh my memory as far as U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol I Page 61 of 159 PageID 3910 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 127 ·1· · · · · · · · · · ·CERTIFICATE OF OATH ·2 ·3 ·4· ·STATE OF FLORIDA,· · ·) ·5· ·COUNTY OF PALM BEACH· ) ·6 ·7 ·8· · · · · · ·I, MARSHA TRAVIS, Florida Professional ·9· ·Reporter, Notary Public, State of Florida, certify that 10· ·KYLE BRADSHAW personally appeared before me on the 9th 11· ·day of November, 2015 and was duly sworn. 12· · · · · · ·Signed this 23rd day of November, 2015. 13 14 15 16· · · 17· · · 18· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·________________________________ ·MARSHA E. TRAVIS ·Notary Public, State of Florida ·Commission No. EE 203924 ·Commission expires:· 5/31/2016 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol I Page 62 of 159 PageID 3911 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 128 ·1· · · · · · · · · · REPORTER'S CERTIFICATE ·2· ·STATE OF FLORIDA· · · ·) · · ·COUNTY OF PALM BEACH· ·) ·3 ·4 · · ·5· · · ·6· · · ·7 · · · · · ·I, Marsha E. Travis, Florida Professional ·Reporter, certify that I was authorized to and did ·report the Deposition of KYLE BRADSHAW, pages 4 through ·208; that a review of the transcript was requested; and ·that the transcript is a true record of my notes. ·8 · · ·9· · · 10· · · 11 · · · · · ·I further certify that I am not a relative, ·employee, attorney or counsel of any of the parties, nor ·am I a relative or employee of any of the parties' ·attorneys or counsel connected with the action, nor am I ·financially interested in the action. 12 13· · · · · · ·Dated this 23rd day of November, 2015. 14 15 16· · · · · · · · · · · · · ·_____________________________ · · · · · · · · · · · · · · ·MARSHA E. TRAVIS, FPR 17· · · · · · · · · · · · · ·Florida Professional Reporter 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle 154-1 Bradshaw Vol II Page 63 of 159 PageID 3912 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 · · · · · · · · UNITED STATES DISTRICT COURT · · · · · · · ·MIDDLE DISTRICT OF FLORIDA · · · · · · · CASE NO. 2:14-CV-270-JES-MRM ALEKSANDAR STEPANOVICH, MONIKA MOZOLICOVA, and IVANA KAVAJA, · · · · · · · ·Plaintiffs, vs. CITY OF NAPLES, FLORIDA; OFFICER KYLE BRADSHAW; OFFICER RYAN HARP; MASTER OFFICER MICHAEL O'REILLY; SERGEANT MICHAEL HERMAN; JOHN BARKELY; and CHIEF TOM WESCHLER, · · · · · · · ·Defendants. ________________________________________/ · · · · · · · DEPOSITION of KYLE BRADSHAW · · · · · · · VOLUME II (Pages 129 - 212) Monday, November 9, 2015 10:03 a.m. - 4:12 p.m. 444 West Railroad Avenue, Suite 300 West Palm Beach, Florida· 33401 Reported by: Marsha Travis, FPR US Legal Support, Inc. Job Number: 1339695 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 Page 64 of 159 PageID 3913 November 09, 2015 131 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·1· · · · · · · · · · A P P E A R A N C E S ·On behalf of Plaintiffs: ·Norman Law Firm ·308738 Vines Creek Road, Suite 3 ·Dagsboro, DE 19939 ·302-537-3788 ·BY: STEPHEN NORMAN, ESQUIRE · · ·snorman@thenormanlawfirm.com ·On behalf of Kyle Bradshaw: ·Roberts, Reynolds, Bedard & Tuzzio, P.L.L.C. ·470 Columbia Drive, Building C-101 ·West Palm Beach, FL· 33409 ·561-688-6560 ·BY: LYMAN H. REYNOLDS, JR., ESQUIRE · · ·lreynolds@rrbpa.com ·On behalf of Defendants: ·Roetzel & Andress ·850 Park Shore Drive ·Trianon Centre, 3rd Floor ·Naples, FL 34103 ·239-649-6200 ·BY: JAMES D. FOX, ESQUIRE · · ·jfox@ralaw.com ·Also present: ·Aleksandar Stepanovich ·Monika Mozolicova · · · · · · · · · ·INDEX OF PROCEEDINGS ·2 ·3· · · · · · · · ·Deposition of KYLE BRADSHAW ·4· · · · · · · · · · · · · · · · · · · · · · · · · · · ·Page ·5· ·Continued Direct Examination by MR. NORMAN· · · · · ·132 ·6 ·7 ·8 · · ·9· · · 10· ·Certificate of Oath· · · · · · · · · · · · · · · · · 209 ·Certificate of Reporter· · · · · · · · · · · · · · · 210 ·Read and Sign Letter· · · · · · · · · · · · · · · · ·211 ·Errata Sheet· · · · · · · · · · · · · · · · · · · · ·212 11 12 13· · · · · · · · · · · NO EXHIBITS MARKED 14· · · · · · · · · · · · · ·-· - - 15 16 17 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 65 of 159 PageID 3914 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 132 ·1· · · · · · ·(Proceedings continued from Volume I.) ·2· · · · · · ·(Back on the record at 2:06 p.m.) ·3· · · · · · ·MR. NORMAN:· We are back on the record.· The ·4· · · · time is approximately 2:06. ·5· ·BY MR. NORMAN: ·6· · · · Q· · Mr. Bradshaw, did you discuss your deposition ·7· ·while you were at lunch with your attorney? ·8· · · · A· · No, sir. ·9· · · · Q· · I just wanted to verify. 10· · · · · · ·We're going to let you hear that.· I know you 11· ·asked to see -- to listen to that video.· Did you have 12· ·an opportunity to listen to it? 13· · · · A· · I did not over lunch. 14· · · · Q· · Okay.· I know you asked to listen to it, so 15· ·why don't we start off by doing that.· If I can find it. 16· ·Let me turn it up as loud as I can get it. 17· · · · · · ·(Playing video.) 18· ·BY MR. NORMAN: 19· · · · Q· · I wanted to let you listen to it.· I'm not 20· ·going to ask you questions about it right now. 21· · · · A· · That's all right.· I appreciate it. 22· · · · Q· · I want to keep it fair here. 23· · · · A· · Absolutely. 24· · · · Q· · That was three-and-a-half years ago.· But I'd 25· ·like to go back to the report. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 66 of 159 PageID 3915 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 133 ·1· · · · A· · Sure.· We're still on page 7, I believe? ·2· · · · Q· · I believe we are.· It says, "Officer ·3· ·Bradshaw," I think I'm close to where we are, "was ·4· ·then," let's see, "Officer Bradshaw physically attempted ·5· ·to take Mozolicova into custody, at which point," and ·6· ·this is the second full sentence, "at which point she, ·7· ·again, started hitting and pulling away from Officer ·8· ·Bradshaw and tried to retreat into the rear bedroom." ·9· ·Okay.· Where was she hitting you? 10· · · · A· · I believe just in my -- I believe just in my 11· ·hand and forearm area, but I don't specifically recall. 12· · · · Q· · Well, you heard her saying, "Don't touch me," 13· ·so was she hitting you trying to keep you off of her? 14· · · · A· · I don't know if it was -15· · · · · · ·MR. REYNOLDS:· Object to form. 16· · · · · · ·THE WITNESS:· I don't know if it was 17· · · · simultaneous to her saying that, but it was during 18· · · · that interaction.· She was pulling away, hitting me 19· · · · to keep me off of her.· That was my impression, 20· · · · that she was striking me to prevent me from taking 21· · · · her into custody. 22· ·BY MR. NORMAN: 23· · · · Q· · Okay.· And then you say, "She tried to retreat 24· ·into the rear bedroom."· Did she retreat into the rear 25· ·bedroom or she tried to?· Did you prevent her from U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 67 of 159 PageID 3916 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 134 ·1· ·retreating? ·2· · · · A· · I'm sorry, I just need to catch up exactly ·3· ·where we are. ·4· · · · Q· · We're still on the first paragraph. ·5· · · · A· · So this is in the rear, like, master bedroom ·6· ·area.· That is correct.· I think that I referred to the ·7· ·kids bedroom and the rear bedroom interchangeably ·8· ·before, so I wanted to make sure.· This is the rear ·9· ·master bedroom.· So she did go back inside of that rear 10· ·master bedroom. 11· · · · Q· · So she didn't try, she actually did retreat 12· ·into the rear bedroom?· And once again -13· · · · A· · I think the way that I understood it when I 14· ·wrote it was we were trying to -- I mean, you can 15· ·audibly hear me saying, Hey, just come outside, come 16· ·outside.· She agrees to come outside.· And then at that 17· ·point I believe Mr. Stepanovich, I believe that was who 18· ·was on the video but I don't recall specifically, but at 19· ·that point is when Mr. Stepanovich kind of came into the 20· ·picture again more closely to us at that time, and 21· ·Mrs. Mozolicova went back into the bedroom with 22· ·Mr. Uzunovic and shut the door. 23· · · · Q· · It says, "Officer Bradshaw was then pushed by 24· ·another female subject identified as Kavaja, Ivana?" 25· · · · A· · That's correct. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 68 of 159 PageID 3917 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 135 ·1· · · · Q· · What did she do, if you have an independent ·2· ·recollection? ·3· · · · A· · I recall that there were a couple of people ·4· ·standing.· The living room was also attached to like a ·5· ·dining room or a kitchen area, so there were a couple of ·6· ·people standing against the kitchen area or the wall in ·7· ·the kitchen area.· But as I was interacting with ·8· ·Mrs. Mozolicova outside of the door before she went into ·9· ·the unit, Mrs. Kavaja started getting closer.· And then 10· ·once Mrs. Kavaja -- or once Mrs. Mozolicova and 11· ·Mr. Uzunovic closed the door is when the interaction 12· ·with Mr. Stepanovich and Mrs. Kavaja occurred outside of 13· ·that door in the living room area. 14· · · · Q· · Because here, if you go to the page before, 15· ·you've already arrested Stepanovich.· They're already 16· ·detained outside.· So what I see is that you come back 17· ·into the unit after Mozolicova, right, and that's when 18· ·you interact with Kavaja? 19· · · · A· · That's correct. 20· · · · Q· · I didn't see that on the video or hear that on 21· ·the video, did you? 22· · · · A· · I did.· Let me, if you don't mind, review 23· ·this.· (Reviews document.) 24· · · · · · ·I apologize, that's correct.· Mrs. Kavaja and 25· ·the -- Mr. Stepanovich was outside at this point.· So U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 69 of 159 PageID 3918 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 136 ·1· ·when Monika went back into the bedroom, as shown on the ·2· ·video, is when Mr. Stepanovich was brought outside.· And ·3· ·there was a brief interaction with Mrs. Kavaja.· And ·4· ·then once I was outside placing Mr. Stepanovich outside ·5· ·is when Mrs. Mozolicova came out of the actual bedroom ·6· ·and went toward the front area of the unit to check on ·7· ·what happened to her husband, as I'm speculating, I ·8· ·don't know why she came out, but that's kind of what ·9· ·made sense to me. 10· · · · · · ·And then after that, Mrs. Mozolicova went 11· ·towards the kids bedroom.· And then as she went toward 12· ·the kids bedroom, which is what this rear bedroom refers 13· ·to, is when I dealt with Kavaja again. 14· · · · Q· · But you just watched the video.· It didn't 15· ·appear like you were dealing with Monika the entire time 16· ·on the video. 17· · · · A· · Again, it happened very quickly.· There were 18· ·quite a few people every time I came in and out of the 19· ·unit standing there, so I didn't see specifically where 20· ·I was dealing with Monika the entire time.· I do recall 21· ·dealing with Mrs. Kavaja again toward the front doorway 22· ·area, and I don't recall if -- I don't recall if she was 23· ·inside of the kids room with us at all, I don't believe 24· ·she was, but it was towards that front foyer and hallway 25· ·area. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 70 of 159 PageID 3919 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 137 ·1· · · · Q· · On your report, the only time I see her ·2· ·mentioned is what we just read, "Officer Bradshaw was ·3· ·then pushed by another female subject identified as ·4· ·Kavaja, Ivana," and that's over by the rear bedroom, the ·5· ·child's bedroom, right? ·6· · · · A· · Again, I used that interchangeably, and I get ·7· ·confused on that as well, so I understand how that's ·8· ·confusing.· I think the rear bedroom would be better ·9· ·specified as the master bedroom, and then in this 10· ·paragraph the rear bedroom refers to the front kids 11· ·room. 12· · · · Q· · Okay. 13· · · · A· · But yes, sir, it was outside of the front 14· ·children's room. 15· · · · Q· · So you didn't deal with her at the front door, 16· ·then? 17· · · · A· · The master bedroom I did as well.· I mean, 18· ·it's a small apartment.· It's a two or three bedroom 19· ·apartment.· So I dealt with Mr. Uzunovic, Mrs. Kavaja, 20· ·the other two parties that weren't arrested throughout 21· ·going in and out of the unit. 22· · · · Q· · So Monika retreats back to the child's bedroom 23· ·in this case? 24· · · · A· · That's right. 25· · · · Q· · And Kavaja just comes out and comes up and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 71 of 159 PageID 3920 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 138 ·1· ·pushes you? ·2· · · · A· · I think at that point is when Mr. Uzunovic ·3· ·kind of reappears, and Mrs. Kavaja was there, ·4· ·Mr. Uzunovic went into a bathroom that was adjacent to ·5· ·the child's room.· Mozolicova went in the child's room, ·6· ·and Mrs. Kavaja, in my opinion, was preventing me from ·7· ·going into the child's room to follow Mrs. Mozolicova. ·8· ·But again it happened very, very quickly, so I'm not ·9· ·sure if -- I'm not sure in what sequence exactly that 10· ·happened, but all three things happened almost 11· ·simultaneously. 12· · · · Q· · I mean, I'm just going off your report which 13· ·you wrote three-and-a-half years ago.· So basically, did 14· ·you take Kavaja into custody here? 15· · · · A· · I did not.· Mr. Uzunovic is a fairly big guy, 16· ·so as he was in and out of the bathroom, or going into 17· ·the bathroom and locking the bathroom door, I didn't 18· ·know if he was going to reengage us or come out and have 19· ·any interaction with us, so I think I kind of let go of 20· ·Mrs. Mozolicova and refocused my attention to 21· ·Mr. Uzunovic, and then inevitably I just went straight 22· ·back to Mrs. Mozolicova. 23· · · · Q· · Here it says, "At that point, subject Uzunovic 24· ·reappeared, and Officer Bradshaw disengaged with the 25· ·subject Kavaja to focus on other surroundings for U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 72 of 159 PageID 3921 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 139 ·1· ·officer safety." ·2· · · · · · ·All right.· Next sentence, "The unit had two ·3· ·other white male occupants identified as Erakovic, ·4· ·Bojan, and Popovic, Aleksandar Srpsko, who are standing ·5· ·and watching the occurrence.· Subjects were cooperative ·6· ·but also posted an officer safety concern with now seven ·7· ·subjects to two officers on scene." ·8· · · · · · ·So there was actually seven -- five subjects, ·9· ·one officer inside? 10· · · · A· · That's correct. 11· · · · Q· · And Harp had Stepanovich and Miric? 12· · · · A· · Yes. 13· · · · Q· · Why didn't you just go out again and wait for 14· ·a supervisor or backup period? 15· · · · A· · In hindsight I absolutely should have. I 16· ·could have turned it to even more of a dangerous or 17· ·volatile situation.· I absolutely should have.· But at 18· ·the time -- at the time, I mean, you can clearly hear on 19· ·the audio it was basically trying to negotiate with them 20· ·to, hey, you know, I think it's very clear to hear we're 21· ·kind of very monotone.· I'm very monotone just saying, 22· ·Hey, come outside and just trying to negotiate with her. 23· ·I don't think at the time in the heat of the moment I 24· ·felt threatened.· But, again, in hindsight, it could 25· ·have been much more dangerous than what it was. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 73 of 159 PageID 3922 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 140 ·1· · · · Q· · So Erakovic and Popovic were just standing ·2· ·around.· Are they videotaping? ·3· · · · A· · I recall several people videotaping.· I don't ·4· ·recall who, but I know that they were standing ·5· ·towards -- as I mentioned earlier, like the living room ·6· ·had an attached kitchen/dining area.· If I recall ·7· ·correctly, they were just kind of standing back the ·8· ·entire time.· I'm not sure if they were videotaping then ·9· ·or after the incident or what.· I don't recall. 10· · · · Q· · So you were aware that you were being 11· ·videotaped? 12· · · · A· · Absolutely, yeah. 13· · · · Q· · Did it act as any kind of deterrent for you, 14· ·for you to consider Hey, I've got to be 100 percent 15· ·right here because there's going to be documentation of 16· ·what I'm doing? 17· · · · · · ·MR. REYNOLDS:· Objection to form. 18· · · · · · ·THE WITNESS:· I always welcome audio and video 19· · · · documentation of what we do.· And I had no -- at 20· · · · the time I had no reason to believe that I was 21· · · · doing something unlawfully or doing something 22· · · · incorrectly.· At the time, and I think throughout 23· · · · the entire incident, you hear us, and we maintained 24· · · · our professionalism, and, unfortunately, had to 25· · · · deal with quite a few subjects that just did not U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 74 of 159 PageID 3923 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 141 ·1· · · · want to cooperate and escalated the matter to that ·2· · · · point.· But I welcome anybody audio/videotaping ·3· · · · anything that we did there. ·4· ·BY MR. NORMAN: ·5· · · · Q· · When did you first learn that you shouldn't be ·6· ·in the home? ·7· · · · · · ·MR. REYNOLDS:· Object to form. ·8· · · · · · ·THE WITNESS:· I would say very close to the ·9· · · · criminal deposition.· We had a meeting with the 10· · · · assistant state attorney. 11· · · · · · ·MR. REYNOLDS:· You don't want to go into any 12· · · · discussions you had, because the assistant state 13· · · · attorney -- he's just wanting to know, I think the 14· · · · question was when did you learn. 15· · · · · · ·THE WITNESS:· In very close proximity to the 16· · · · criminal deposition. 17· · · · · · ·MR. NORMAN:· Are you asserting privilege for 18· · · · that conversation, Mr. Reynolds? 19· · · · · · ·MR. REYNOLDS:· Yes, for any attorney-client 20· · · · privilege that he has with the state attorney, I 21· · · · am. 22· · · · · · ·MR. NORMAN:· I'm not going to get into it now, 23· · · · but I'm not sure -- I don't think he's a client. 24· · · · You have to have an attorney and a client.· He's 25· · · · not a client. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 75 of 159 PageID 3924 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 142 ·1· · · · · · ·MR. FOX:· He's an officer of the State; he's ·2· · · · talking to an attorney for the State.· Objection. ·3· · · · · · ·MR. NORMAN:· I'm not getting into that right ·4· · · · now, but we can discuss it. ·5· · · · · · ·MR. REYNOLDS:· Right. ·6· ·BY MR. NORMAN: ·7· · · · Q· · "Subjects were cooperative, but also posed an ·8· ·officer safety concern with now seven subjects to the ·9· ·officers on scene."· What was the officer safety issue? 10· · · · A· · There were two people being detained with 11· ·Officer Harp outside of the unit, there were five other 12· ·people inside the unit as you just said.· So, obviously, 13· ·I felt that Mrs. Mozolicova could possibly be talked out 14· ·of the unit as she was earlier we went down to issue the 15· ·notice to appear, and it was my intention to try to 16· ·reason with her to come outside the entire time.· So I 17· ·didn't necessarily see the officer safety threat until 18· ·Mr. Stepanovich started getting violent, Mrs. Kavaja was 19· ·violent, Mr. Uzunovic was violent, and, obviously, there 20· ·were quite a few people inside the unit, so that's what 21· ·posed the threat at that point. 22· · · · Q· · "Officer Bradshaw observed subject Mozolicova 23· ·exit the rear room and attempt to go towards the front 24· ·door to check on her husband."· Where were you? 25· · · · A· · I'm not sure that the chronological order of U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 76 of 159 PageID 3925 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 143 ·1· ·that is correct.· I think that that was -- I think ·2· ·that's kind of reiterating the second statement, that ·3· ·she was in the back master bedroom and exited to check ·4· ·on Mr. Stepanovich and then got into that kids bedroom. ·5· ·Again, this was written -- I had started working at ·6· ·6 p.m., and this was printed at 12 noon, so, like I ·7· ·mentioned earlier, I try my best to put it in ·8· ·chronological order, but I think things may have been ·9· ·out of place.· That particular sentence is when she was 10· ·in the master bedroom, and again, walked out to check on 11· ·Mr. Stepanovich after I placed him into custody and then 12· ·went to the front kids bedroom. 13· · · · Q· · So where should that statement actually go, 14· ·the statement we just read, "Officer Bradshaw observed 15· ·the subject Mozolicova exit the rear room and attempt to 16· ·go towards the front door to check on her husband?" 17· · · · A· · At literally page 7 of 9, or page 41 on the 18· ·bottom.· At the very top, sentence says, "Officer 19· ·Bradshaw reentered the unit, at which point 20· ·Stepanovich's wife, Mozolicova, opened the door and 21· ·exited the room to see what happened to her husband." I 22· ·believe that that's just a reiteration of that same 23· ·sentence. 24· · · · Q· · So that should be up top? 25· · · · A· · Yes, sir. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 77 of 159 PageID 3926 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 144 ·1· · · · Q· · "Officer Bradshaw then reengaged Mozolicova ·2· ·and attempted to take her into custody."· Where did that ·3· ·occur? ·4· · · · A· · I don't recall if it was the front foyer or ·5· ·the bedroom hallway leading to the kids bedroom, but ·6· ·closer to the front of the residence to the front door ·7· ·where I had just brought Mr. Stepanovich. ·8· · · · Q· · It says "Mozolicova fought with Officer ·9· ·Bradshaw and ran towards a front bedroom adjacent to the 10· ·front door." 11· · · · A· · That's correct.· And then at that point is 12· ·where Mrs. Kavaja comes into play and Mr. Uzunovic. 13· · · · Q· · When you say, ".. fought with Officer 14· ·Bradshaw," were you both fighting each other or was 15· ·she -- what happened?· Why did you just use the word 16· ·"fought"? 17· · · · A· · I don't recall specifically what she does, 18· ·what she did at that point, but I would assume it means 19· ·to just flail and either pull me off of her or hit my 20· ·arms and attempt to stop me from taking her into 21· ·custody, basically just actively and physically resist 22· ·arrest. 23· · · · Q· · Okay.· So you were doing something and she's 24· ·doing something.· When you fight you have two people? 25· · · · A· · Well, I'm trying to take her into custody, and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 78 of 159 PageID 3927 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 145 ·1· ·she's actively and physically trying to take her into ·2· ·custody.· And I don't recall specifically what she did, ·3· ·but that's what, I believe, "fought" refers to. ·4· · · · Q· · What are you doing to take her into custody? ·5· · · · A· · I'm trying to grab her arms.· I'm not sure if ·6· ·I'm trying to put handcuffs on her or not.· I'm trying ·7· ·to get her to drag her outside, get her outside of the ·8· ·unit where Officer Harp was and possibly try to take her ·9· ·into custody at that point. 10· · · · Q· · And then it says, "Mozolicova fought with 11· ·Officer Bradshaw and ran towards a front bedroom 12· ·adjacent to the front door."· Is that her running back 13· ·to the kids room? 14· · · · A· · Yes, sir. 15· · · · Q· · "Mozolicova dove onto a bed in the room and 16· ·stated her two year-old daughter was sleeping on the 17· ·bed."· Did she actually go into the room and dove onto 18· ·the bed? 19· · · · A· · I believe we were in the front of the bed, or 20· ·in front of the room where the doorway was, and at that 21· ·point is when she said, you know, what are you doing; 22· ·you're in my daughter's room.· I definitely think it's 23· ·very audible on the video.· And you can clearly hear her 24· ·saying, "Yes, my daughter's in the room."· I think I 25· ·asked, "Is your daughter here?"· And she goes, "Yes, U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 79 of 159 PageID 3928 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 146 ·1· ·she's sleeping in the bed," or something to that nature. ·2· ·And then at that point -- I just remember, I think it ·3· ·was like sheets or something on the bed.· I remember ·4· ·seeing something on the bed.· Obviously, the room was ·5· ·dark, but with the light coming in from the hallway, I ·6· ·could see something on the bed, which led me to believe ·7· ·that her child was in the room.· That's why I asked her ·8· ·specifically, "Is your daughter in the room," she said, ·9· ·"Yes."· So at that point I think we had a brief 10· ·conversation of just come outside and something of that 11· ·nature.· And then at that point I tried to take her into 12· ·custody again, and she lept and jumped on the bed. 13· · · · Q· · Why didn't you turn the lights on? 14· · · · A· · It didn't occur to me at that point.· It 15· ·didn't occur.· We were in the doorframe, there was a lit 16· ·hallway, it was dark but I was able to see that there 17· ·was no one else in the unit, or no one else in the room. 18· ·It just didn't occur to me to turn on the light.· And I 19· ·think I even threatened a Taser at that point.· I think 20· ·there was a point when she was in the front of the room, 21· ·I said something to the nature of, you know, I don't 22· ·want to tase you but, you know, come out, just come 23· ·outside, something of that nature. 24· · · · Q· · Okay.· I mean, did she just go dive on the bed 25· ·or did she back into the bed?· It says, "She dove onto U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 80 of 159 PageID 3929 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 147 ·1· ·the bed."· I mean, what exactly happened? ·2· · · · A· · The bed was up against the wall.· It was like ·3· ·a twin or a small toddler bed.· It wasn't a large bed, ·4· ·if I recall correctly.· And we had probably a good ·5· ·four feet or so from the doorframe.· I believe when I ·6· ·was trying to take her into custody and grab her arm and ·7· ·actually place her under arrest, she pulled away and was ·8· ·actively and physically resisting arrest, and at which ·9· ·point she jumped onto the bed. 10· · · · Q· · It stated, "...her two-year-old daughter was 11· ·the sleeping in the bed," and it says, "Officer Bradshaw 12· ·identified that Mozolicova was the only one inside of 13· ·the room and said child was not inside the room."· How 14· ·did you verify the child wasn't there? 15· · · · A· · She said the child was sleeping in the room, 16· ·and again, I briefly remember seeing something in the 17· ·bed that very well could have been a child.· But I don't 18· ·know if the light and my eyes adjusting, I just at a 19· ·certain point, and I'm not sure if it's after she jumped 20· ·on the bed, I realized the child wasn't there when I was 21· ·struggling with her trying to get her into custody as 22· ·she's on the bed, or if it was after-the-fact, but at a 23· ·point in time, we discovered, or I discovered that there 24· ·was no child in the room. 25· · · · Q· · Once again, why, you're informed a child is U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 81 of 159 PageID 3930 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 148 ·1· ·there, why not just leave?· Why pursue her into her ·2· ·bedroom where she's telling you her child is there? ·3· · · · · · ·MR. REYNOLDS:· Object to form. ·4· · · · · · ·THE WITNESS:· I think at that point we were ·5· · · · trying to, and from the very beginning we simply ·6· · · · wanted them to turn down the music.· It was all of ·7· · · · our intention to simply just have them turn down ·8· · · · the music and leave.· I'm not sure why they ·9· · · · escalated it to that point, or why they decided to 10· · · · take the actions that they did, but, honestly, at 11· · · · the time, I believe that that was the right thing 12· · · · to do to resolve the noise complaint and take 13· · · · Mrs. Mozolicova into custody. 14· ·BY MR. NORMAN: 15· · · · Q· · So you knew backup was coming because you 16· ·called for backup, right? 17· · · · A· · Yes, sir. 18· · · · Q· · So you thought that pursuing a woman into a 19· ·dark bedroom in her house where she tells you a two year 20· ·old is sleeping was the right course of action? 21· · · · · · ·MR. REYNOLDS:· Objection to form. 22· · · · · · ·MR. FOX:· Joined. 23· · · · · · ·THE WITNESS:· Absolutely.· I think in 24· · · · hindsight we can think of a hundred different 25· · · · things that should have happened, but I had no ill U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 82 of 159 PageID 3931 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 149 ·1· · · · intention outside of -- I had no ill intention. ·2· · · · And outside of taking Mrs. Mozolicova into custody, ·3· · · · I mean, it all happened very quickly.· Why didn't I ·4· · · · turn on the lights?· Why didn't I wait for backup? ·5· · · · Those are all great questions for Monday morning, ·6· · · · but at the time I didn't see any issue with it. I ·7· · · · didn't feel threatened, I didn't -- I didn't really ·8· · · · feel outside of just trying to take her into ·9· · · · custody was what was going on. 10· ·BY MR. NORMAN: 11· · · · Q· · Okay.· Now, are you trained or were you 12· ·trained as an officer when trying to affect an arrest 13· ·and not do it in front of kids? 14· · · · A· · No, not at all. 15· · · · Q· · That's not part of your -16· · · · A· · We were trained, and that has no bearing on 17· ·whether or not we make, whether or not we take an 18· ·arrest.· If somebody, as in this situation, is being 19· ·volatile and fighting and punching and hitting police 20· ·officers, and, unfortunately, they put themselves in a 21· ·position where their children are present, and it's 22· ·4 o'clock in the morning and they're out there partying 23· ·and carrying on, and fighting with police officers 24· ·inside of their unit, and there was a child present, 25· ·that has no bearing on whether or not I would have tried U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 83 of 159 PageID 3932 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 150 ·1· ·to take her into custody if there was a child in the ·2· ·room. ·3· · · · Q· · Okay.· I don't see the term "punch".· I see ·4· ·hit used in the your report, but I don't see any ·5· ·references to punch. ·6· · · · A· · Okay. ·7· · · · Q· · Were you punched? ·8· · · · A· · I believe several times.· I think hit and ·9· ·pushed off, physically pulled, I can read through it 10· ·again, I'm not sure if I've been punched or not, but, I 11· ·mean, I didn't specify, again, if it was punching or 12· ·hitting.· To me it was just, in authoring the report, it 13· ·was all the same.· I didn't see any reason to specify if 14· ·they punched me or hit me, or if they hit me with a 15· ·closed fist or open fist, et cetera.· In retrospect, it 16· ·probably would have been good to detail that, but I just 17· ·recall being hit several times. 18· · · · Q· · You didn't receive medical care for your 19· ·injuries? 20· · · · A· · I think I got evaluated by the EMTs on the 21· ·scene with -- very, very quickly, if that.· I did not 22· ·receive any type of medical treatment.· It was all very 23· ·superficial. 24· · · · Q· · You had a couple of scratches on your arms? 25· · · · A· · Exactly. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 84 of 159 PageID 3933 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 151 ·1· · · · Q· · That was the extent of your injuries? ·2· · · · A· · That's correct. ·3· · · · Q· · No blows to the face? ·4· · · · A· · No, sir. ·5· · · · Q· · No blood? ·6· · · · A· · No, sir. ·7· · · · Q· · No black eyes that showed up the next day? ·8· · · · A· · No, sir. ·9· · · · Q· · Just a couple of scratches? 10· · · · A· · That's correct. 11· · · · Q· · "Officer Bradshaw attempted to take Mozolicova 12· ·into custody, at which point she was kicking and hitting 13· ·Officer Bradshaw, physically resisting his efforts to 14· ·take Mozolicova into custody."· What did you do to 15· ·attempt to overcome her resisting? 16· · · · A· · Again, I think I was very persistent in just 17· ·verbalizing to just come outside, and try to de-escalate 18· ·the situation verbally.· I think as far as physically 19· ·overcoming her resisting was just continually trying to 20· ·get her hands behind her back so I could put handcuffs 21· ·on her. 22· · · · Q· · And she was on the bed.· Did you go on the bed 23· ·and attempt to arrest her? 24· · · · A· · I'm not sure if I -- I'm not sure if I leaned 25· ·over or kneeled on the side, but at one point, at one U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 85 of 159 PageID 3934 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 152 ·1· ·point I was trying to get her hands into custody when ·2· ·she was on the bed, and at that point she was kind of ·3· ·towards the center to the bottom of the bed and leapt ·4· ·forward, again.· And shortly thereafter, Officer ·5· ·O'Reilly came in, and we brought her off the bed and ·6· ·took her into custody on the floor. ·7· · · · Q· · So while you were struggling with ·8· ·Mrs. Mozolicova on the bed and she leapt forward trying ·9· ·to get away from you? 10· · · · A· · That's correct. 11· · · · Q· · And that's when she struck her head? 12· · · · A· · That's where I would assume that she struck 13· ·her head.· And she said something about hitting her face 14· ·or something of that nature.· That's what I've gathered 15· ·from listening to that audio from Mr. Uzunovic's cell 16· ·phone.· But I don't recall -- it happened so quickly. 17· ·When I was in the room, I didn't see her specifically 18· ·hit her face on the windowsill.· That's where I believe 19· ·it came from.· But it happened so quickly, and it was 20· ·very, very dark. 21· · · · Q· · But you did realize she was injured at some 22· ·point while you were struggling with her? 23· · · · A· · After Mr. Stepanovich kicked Officer O'Reilly 24· ·in the face and we were able to get Mrs. Mozolicova into 25· ·custody and saw that Officer O'Reilly had some blood U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 86 of 159 PageID 3935 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 153 ·1· ·coming from his facial area, after we called for an ·2· ·ambulance for Officer O'Reilly from getting kicked in ·3· ·the face is when we also, I also saw Mrs. Mozolicova had ·4· ·an injury as well, and we called -- I'm not sure if it ·5· ·was me or another officer, called for an ambulance for ·6· ·her as well. ·7· · · · Q· · And so at some point you realized that ·8· ·Ms. Mozolicova sustained an injury to her eye when you ·9· ·all were struggling on the bed? 10· · · · · · ·MR. REYNOLDS:· Object to form. 11· · · · · · ·THE WITNESS:· I'm not sure, and still to this 12· · · · day I'm just assuming it was from the windowsill. 13· · · · I'm not sure exactly where the injury was caused, 14· · · · but that's what I'm assuming. 15· ·BY MR. NORMAN: 16· · · · Q· · That it occurred while you were engaged with 17· ·her? 18· · · · A· · That's correct, yep. 19· · · · Q· · It says, "Mozolicova was on the middle bottom 20· ·of the bed and turned to and jumped towards the top of 21· ·the bed." 22· · · · A· · Yes. 23· · · · Q· · Okay.· "At the same time, Mozolicova put her 24· ·hands under her stomach and subsequently hit her facial 25· ·area on the window ledge at the top of the bed." U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 87 of 159 PageID 3936 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 154 ·1· · · · A· · That's correct. ·2· · · · Q· · That's while you are struggling with her? ·3· · · · A· · That's correct. ·4· · · · Q· · "Mozolicova then turned and started a fight ·5· ·with Officer Bradshaw, again pulling her hands away and ·6· ·flailing to prevent being taken into custody." ·7· · · · A· · That's correct. ·8· · · · Q· · So you're both engaged or attempting to take ·9· ·her into custody, physically attempting to take her into 10· ·custody, right? 11· · · · A· · That's correct. 12· · · · Q· · "During this interaction, subject Uzunovic 13· ·entered the room, but another officer arrived on scene, 14· ·at which point Uzunovic retreated into an adjacent 15· ·bathroom, shutting and locking the door." 16· · · · A· · That's correct.· And I think that's a little 17· ·bit out of order as well.· I think that happened as 18· ·Mozolicova and I were kind of at the front of -- when 19· ·Mrs. Kavaja and Uzunovic were preventing me from coming 20· ·in, I was interacting with Mrs. Kavaja briefly, and 21· ·Mr. Uzunovic kind of went into an adjacent bathroom. 22· · · · Q· · You charged both of them with disorderly 23· ·conduct.· You weren't even aware that they were there 24· ·specifically until they engaged with you inside at this 25· ·point? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 88 of 159 PageID 3937 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 155 ·1· · · · · · ·MR. REYNOLDS:· Object to form. ·2· · · · · · ·MR. FOX:· Joined. ·3· · · · · · ·THE WITNESS:· I was very much aware that they ·4· · · · were there.· Going inside of the unit and taking ·5· · · · Mr. Stepanovich into custody, I saw Mrs. Kavaja at ·6· · · · that point towards that back room again. ·7· · · · Mr. Uzunovic was in the back room, back master ·8· · · · bedroom with Mrs. Mozolicova at the same time.· So ·9· · · · I was very much aware that they were inside of the 10· · · · unit. 11· ·BY MR. NORMAN: 12· · · · Q· · Well, what did they do to substantiate charges 13· ·of disorderly conduct? 14· · · · A· · Again, I felt that based on them fighting with 15· ·the police officers, and the actions that they took 16· ·inside of the unit, that that warranted the disorderly 17· ·conduct charge.· I believe that there were other things 18· ·that transpired that I just didn't document, 19· ·unfortunately, so I don't specifically recall outside of 20· ·that. 21· · · · Q· · The point I'm trying to make is that prior to 22· ·you entering the unit the second time when you came back 23· ·for the noise violation, you weren't even aware that 24· ·Kavaja and Uzunovic were there, right? 25· · · · A· · That is correct, or Erakovic and Popovic.· The U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 89 of 159 PageID 3938 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 156 ·1· ·only three people -- I mean, you could see when we went ·2· ·up for the first time there were other people inside of ·3· ·the unit that were telling her to shut the door.· We ·4· ·didn't know who they were.· I'm not sure if I saw ·5· ·Mrs. Kavaja or Mr. Uzunovic at that point.· I don't ·6· ·recall.· But again, you could tell there were more ·7· ·people inside of the unit.· But during the first ·8· ·interaction, I dealt with Mr. Stepanovich first, ·9· ·Mrs. Mozolicova at the doorway, and Mrs. Miric at the 10· ·doorway, and then both of them downstairs. 11· · · · Q· · But as part of your disorderly conduct charges 12· ·against Kavaja and Uzunovic, was it based on anything 13· ·they said? 14· · · · A· · Again, I didn't document specifically each 15· ·person's -- I didn't document each person as to why they 16· ·were charged with disorderly conduct, and I absolutely 17· ·should have.· Charging with that leads me to believe 18· ·that I had something further at that point that I should 19· ·have documented but, unfortunately, did not.· And, 20· ·again, fighting with the police officers, the volatility 21· ·that took place inside of the unit I think played into 22· ·that charge as well. 23· · · · Q· · So the charge was based off of them striking 24· ·you?· Is that -- is there anything else that you can 25· ·substantiate other than -- U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 90 of 159 PageID 3939 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 157 ·1· · · · · · ·MR. REYNOLDS:· Object to form. ·2· · · · · · ·THE WITNESS:· I don't believe the charge was ·3· · · · based off of that.· I think that was based on the ·4· · · · charge being applied to Mrs. Kavaja and ·5· · · · Mr. Uzunovic. ·6· ·BY MR. NORMAN: ·7· · · · Q· · But as we sit here today, you can't tell me ·8· ·what they did other than -·9· · · · A· · No, sir. 10· · · · Q· · -- other than strike you? 11· · · · A· · I don't specifically recall. 12· · · · Q· · And it's nowhere in your report? 13· · · · A· · No, sir. 14· · · · Q· · And that charge was subsequently dropped for 15· ·both of them, wasn't it? 16· · · · A· · I believe so, I'm not sure.· You would have to 17· ·check with the state attorney.· I'm not sure how that 18· ·all played out. 19· · · · Q· · "Officer Michael O'Reilly, No. 43, arrived on 20· ·the scene and assisted Officer Bradshaw in taking 21· ·Mozolicova into custody."· So you're still on the bed 22· ·with Mozolicova; is that right? 23· · · · A· · Yes, sir. 24· · · · Q· · And O'Reilly comes in and joins in attempting 25· ·to arrest Monika? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 91 of 159 PageID 3940 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 158 ·1· · · · A· · Yes, sir.· I believe when he got there, we -·2· ·I believe as soon as he got there, we put her off of the ·3· ·bed and onto the floor, and then took her into custody ·4· ·on the floor. ·5· · · · Q· · She was still actively resisting -·6· · · · A· · And that's where Mr. Stepanovich ran in and ·7· ·kicked Officer O'Reilly in the face. ·8· · · · Q· · Ms. Mozolicova was still actively resisting ·9· ·when O'Reilly came into the room? 10· · · · A· · Yes, sir. 11· · · · Q· · So in order to overcome her resisting, you 12· ·both picked her up and placed her on the floor, threw 13· ·her on the floor? 14· · · · · · ·MR. REYNOLDS:· Object to form. 15· · · · · · ·THE WITNESS:· I don't recall exactly how she 16· · · · was escorted from the bed to the floor.· I mean, 17· · · · we're both not huge guys, but we're not petite.· So 18· · · · I don't recall how she was moved from the bed to 19· · · · the floor, but typically we only use the amount of 20· · · · force necessary to affect the arrest.· And to 21· · · · affect the arrest on the bed, she was flailing, and 22· · · · it just wasn't -- I wasn't able to gain control of 23· · · · her while she was in that area.· So, obviously, 24· · · · there was no communication, but that we both kind 25· · · · of knew we needed to get her on a flat surface to U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 92 of 159 PageID 3941 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 159 ·1· · · · place her into custody there, and that's -- I'm not ·2· · · · sure if we pulled her on the floor, or if we ·3· · · · grabbed her and took her down to the floor, or how ·4· · · · she got to the floor, but inevitably that's where ·5· · · · she was taken into custody. ·6· ·BY MR. NORMAN: ·7· · · · Q· · So is it fair to say that you both used some ·8· ·level of force in order to overcome her resisting and ·9· ·get her onto the floor? 10· · · · A· · Absolutely.· And I wasn't sure if I was able 11· ·to get her into custody before Officer O'Reilly got 12· ·kicked in the face, or if he got kicked in the face and 13· ·then at that point I took her into custody.· It just all 14· ·happened very, very quickly. 15· · · · Q· · Okay.· "Mozolicova was yelling and screaming 16· ·as she was resisting officer's efforts to take her into 17· ·custody."· Is that what we hear on the video, she's 18· ·yelling, she's screaming? 19· · · · A· · Yes. 20· · · · Q· · She saying, "You broke my face?" 21· · · · · · ·MR. REYNOLDS:· Object to form. 22· · · · · · ·THE WITNESS:· I believe something of that -- I 23· · · · don't know verbatim, if you want to replay it, I 24· · · · can listen to it again, but I believe she said 25· · · · something about her face at that point. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 93 of 159 PageID 3942 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 160 ·1· ·BY MR. NORMAN: ·2· · · · Q· · Okay.· Let's go ahead and play that. ·3· · · · · · ·(Playing video.) ·4· · · · · · ·THE WITNESS:· He had already been kicked at ·5· · · · that point. ·6· ·BY MR. NORMAN: ·7· · · · Q· · So after you hear that you at least know that ·8· ·she's alleging that you're hitting her head into the ·9· ·window, right? 10· · · · · · ·MR. REYNOLDS:· Objection to form. 11· ·BY MR. NORMAN: 12· · · · Q· · I'm not saying you did, but she's alleging -13· · · · A· · At the time, you know, I can hear her saying 14· ·that at the time.· I don't know if that kind of 15· ·registered or not.· I mean, I obviously -- and that 16· ·might have been one of the main reasons that we put her 17· ·on the ground.· Again, it all just happened so very 18· ·quickly, and she was, you know, flailing and hitting, 19· ·and just resisting our efforts to take her into custody. 20· ·So I'm not sure if -- I'm not sure if that kind of 21· ·registered with me or not. 22· · · · Q· · But at some point in time you listened to this 23· ·tape? 24· · · · A· · Right. 25· · · · Q· · How close to the time of the arrest did you U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 94 of 159 PageID 3943 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 161 ·1· ·listen to this tape? ·2· · · · A· · I don't know if I was -- I believe very ·3· ·shortly to my criminal deposition, because this is a ·4· ·video that one of the defendant's produced.· So I ·5· ·believe maybe the day or a couple of days before my ·6· ·criminal deposition this video played. ·7· · · · · · ·(Playing video.) ·8· ·BY MR. NORMAN: ·9· · · · Q· · So you hear her saying, "You broke my face," 10· ·or something to that effect, right? 11· · · · · · ·MR. REYNOLDS:· Object to form. 12· · · · · · ·THE WITNESS:· To answer your previous 13· · · · question, there was some conversation prior to her 14· · · · screaming that may help answer what was being said 15· · · · in the room and what was going on at that time 16· · · · frame, but I do hear her saying that. 17· ·BY MR. NORMAN: 18· · · · Q· · All right.· It says, "Outside of the unit, 19· ·Mozolicova's husband, Stepanovich, began to resist 20· ·Officer Harp's detention."· Obviously, you don't know 21· ·this.· This is what Harp must have told you? 22· · · · A· · Yes, sir. 23· · · · Q· · "Stepanovich was aided by Miric who caused a 24· ·distraction and attempted to flee in an opposite 25· ·direction towards a railing ledge."· Once again, you U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 95 of 159 PageID 3944 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 162 ·1· ·don't have personal knowledge of that? ·2· · · · A· · That's correct. ·3· · · · Q· · "In fear of Miric falling over the ledge, ·4· ·Officer Harp had to chase Miric allowing Stepanovich to ·5· ·escape from his custody running back inside of the ·6· ·unit."· Once again, no personal knowledge? ·7· · · · A· · That's correct. ·8· · · · Q· · Next page.· "Stepanovich came into the room ·9· ·where Officer Bradshaw and Officer O'Reilly were 10· ·fighting with Mozolicova."· The room was dark, right? 11· · · · A· · Yes, sir. 12· · · · Q· · Did you see it -- did you see Stepanovich 13· ·right when he came into the room? 14· · · · A· · I don't recall exactly at what point I saw 15· ·Mr. Stepanovich.· We had brought Mrs. Mozolicova off the 16· ·bed onto the floor.· Again, there was probably about 17· ·four to five feet between the doorframe and where the 18· ·bed was, if I recall correctly.· So I believe at the 19· ·point we're very close to where the door was, and the 20· ·light from the hallway probably made it very clear for 21· ·Mr. Stepanovich to see us.· It probably was right as he 22· ·was running in the room when I noticed somebody was 23· ·running towards us.· There was a lot of commotion 24· ·outside, but I didn't see him, like, running down the 25· ·hallway, for instance, or -- I think it was just as he U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 96 of 159 PageID 3945 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 163 ·1· ·was coming in the doorway is when I first noticed him. ·2· · · · Q· · Okay.· So are you saying that you actually saw ·3· ·Mr. Stepanovich kick O'Reilly in the face? ·4· · · · A· · It all happened so quickly.· I don't recall if ·5· ·I saw him kick him in the face or if I was dealing with ·6· ·Mrs. Mozolicova and just -- I don't recall.· I don't ·7· ·recall if I just looked up once he, Officer O'Reilly, ·8· ·kicked him or whatnot.· I know I saw somebody coming, ·9· ·and I saw somebody in the doorframe, but I'm not sure if 10· ·I saw him kick him in the face or not. 11· · · · Q· · Okay. 12· · · · A· · And at that point I, quite frankly, I didn't 13· ·know if it was another police officer coming in or 14· ·whatnot.· I was continuing to struggle with 15· ·Mrs. Mozolicova because she was continuously fighting 16· ·with us.· So I think I just kind of focused on trying to 17· ·take her into custody, and that's when Mr. Stepanovich 18· ·came in and kicked him in the face.· I'm not sure if it 19· ·was up to the point where he was coming at us again or 20· ·Mike deployed his Taser or whatnot that I realized that 21· ·somebody else was in the room. 22· · · · Q· · It was still dark in the room.· Nobody turned 23· ·the lights on? 24· · · · A· · No, sir. 25· · · · Q· · It says, "Stepanovich in handcuffs behind his U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 97 of 159 PageID 3946 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 164 ·1· ·back ran towards Officer O'Reilly at full speed and ·2· ·kicked him in the facial area with his foot, no shoes, ·3· ·socks on."· So, first of all, do you remember ·4· ·Mr. Stepanovich just had socks on? ·5· · · · A· · Writing that would lead me to believe that ·6· ·that's what I recall.· I don't have an independent ·7· ·recollection, but, you know, having written that in the ·8· ·report, I wouldn't have any reason to doubt that. ·9· · · · Q· · And we just established that it took you a 10· ·little while to realize, you know, who Alek was.· Are 11· ·you kind of extrapolating here that he kicked him -- you 12· ·didn't actually, I think we already established, you 13· ·didn't see him kick O'Reilly? 14· · · · · · ·MR. REYNOLDS:· Object to form. 15· · · · · · ·MR. FOX:· Joined. 16· · · · · · ·THE WITNESS:· I don't remember.· I very well 17· · · · could have.· It just all happened so quickly, I 18· · · · just don't recall independently seeing him kick him 19· · · · in the face, but I very well could have, and it 20· · · · just happened all so quickly.· I believe I was 21· · · · focused on Mrs. Mozolicova, and I just don't recall 22· · · · at what point I looked up and realized Mike had got 23· · · · kicked in the face. 24· ·BY MR. NORMAN: 25· · · · Q· · Okay.· You then saw Stepanovich -- did you see U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 98 of 159 PageID 3947 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 165 ·1· ·Stepanovich, then, in the doorway? ·2· · · · A· · Yes, sir. ·3· · · · Q· · Okay.· And eventually he was tased, right? ·4· · · · A· · Yes, sir. ·5· · · · Q· · And when he was tased, he fell back into the ·6· ·hallway, right? ·7· · · · A· · Yes.· It was, like, right outside of the ·8· ·doorframe, and it was a hallway.· There was also a ·9· ·bedroom to the side.· I'm not sure if he fell towards 10· ·the bedroom.· There was a bedroom and bathroom adjacent 11· ·to the door that we were standing in.· So I'm not sure 12· ·which way he fell or whatnot.· I believe he fell back. 13· · · · Q· · During Officer O'Reilly's deposition, the 14· ·issue of Stepanovich coming at him into the room moving 15· ·forward into him in the room, yeah, landing on his back 16· ·in the hallway came up, and I'll represent to you that 17· ·he indicated that he did not know how that happened.· Do 18· ·you know how Mr. Stepanovich ended up in the hallway if 19· ·he was moving towards Officer O'Reilly in the bedroom? 20· · · · A· · All I remember is that we were very close to 21· ·the doorframe, so he had to come in the door and into 22· ·the kids room to kick Officer O'Reilly in the face. 23· ·Then, I believe, after he kicked Officer O'Reilly is 24· ·when he kind of went back into the hallway.· I believe 25· ·Officer O'Reilly very quickly deployed his Taser, and as U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle 154-1 Bradshaw II Page 99 of 159 PageID 3948 Case 2:14-cv-00270-PAM-MRM Document Filed Vol 05/18/16 November 09, 2015 166 ·1· ·he began, as Mr. Stepanovich began to charge us again is ·2· ·when Officer O'Reilly deployed his Taser, and I believe ·3· ·he fell back into the hallway.· I know that's where he ·4· ·landed.· He did not move from that point until another ·5· ·officer took custody of him and brought him outside of ·6· ·the unit with me. ·7· · · · Q· · Okay.· Let's see.· Did Officer O'Reilly ever ·8· ·give you the Taser, his Taser after -·9· · · · A· · I believe he did once we noticed that he was 10· ·bleeding from the face.· A couple of other officers at 11· ·that point were starting to arrive on scene and he gave 12· ·me his Taser.· At one point in time I took the Taser 13· ·probes out of Mr. Stepanovich and tried to bring him 14· ·outside of the unit with another officer, and he was 15· ·very uncooperative with us. 16· · · · Q· · Did O'Reilly tase him once or twice? 17· · · · · · ·MR. FOX:· Object to the form. 18· · · · · · ·MR. REYNOLDS:· Joined. 19· · · · · · ·THE WITNESS:· I don't recall.· I don't recall. 20· · · · Tasers are -- the Tasers all have a computer on 21· · · · them.· They can tell you how long, when the actual 22· · · · Taser was turned on, how long the trigger was 23· · · · depressed.· I mean, it's a very -- it catalogs 24· · · · exactly how it was deployed and exactly how it was 25· · · · used. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 100 of 159 PageID 3949 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 167 ·1· ·BY MR. NORMAN: ·2· · · · Q· · Okay.· You only represented here, you only ·3· ·show, and I'll let you take a look at the first ·4· ·paragraph, that O'Reilly tased him once? ·5· · · · A· · Sure.· Again, I think I was taking bits and ·6· ·pieces of what transpired to put it in the arrest ·7· ·affidavit.· I think if you review -- that would be a ·8· ·question for Officer O'Reilly.· I think in -- his police ·9· ·report would probably clarify that.· And again, the 10· ·Taser computer records would indicate exactly when it 11· ·was turned on, how long the trigger was depressed. 12· ·Sometimes if you don't release the trigger, it 13· ·automatically starts another five second cycle. 14· · · · Q· · Okay.· So all right.· It says here, 15· ·"Stepanovich then attempted to get another running start 16· ·and tried to charge officers again, at which point 17· ·Officer O'Reilly utilized his department issued Taser, 18· ·warned the subject to get back, and tased the subject as 19· ·he was charging the officers again to induce harm." 20· ·Okay.· Does that seem accurate?· That seems about like 21· ·what happened? 22· · · · A· · I don't know if he verbatim said to get back, 23· ·but, yes, I'm pretty sure at this point Mike cursed, 24· ·because he had just got kicked in the face.· So I'm not 25· ·sure if exactly he said to get back or what the verbiage U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 101 of 159 PageID 3950 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 168 ·1· ·was used, but then, yes, he deployed his Taser and tased ·2· ·Mr. Stepanovich. ·3· · · · Q· · So Stepanovich was running at you all to kick ·4· ·O'Reilly in the face again is what you thought was ·5· ·happening, right? ·6· · · · A· · Yes, sir, yeah. ·7· · · · Q· · How do you explain that -- you wrote it in ·8· ·here, "Stepanovich fell into a hallway area at which ·9· ·point Officer O'Reilly took him into custody."· If he's 10· ·charging guys into the room, how does he fall into the 11· ·hallway?· Do you have an explanation for that? 12· · · · · · ·MR. REYNOLDS:· Objection to form. 13· · · · · · ·MR. FOX:· Objection. 14· · · · · · ·THE WITNESS:· Again, we were very, very close 15· · · · to the doorframe inside of the bedroom literally 16· · · · adjacent to where the doorframe was, so I believe 17· · · · when -- obviously, it was much clearer when I wrote 18· · · · this, but I believe that he was several steps back 19· · · · in the hallway and then had to still make some 20· · · · distance up between the hallway and the doorframe 21· · · · where we were at, charging us the second time.· And 22· · · · that's when I believe that he was struck by the 23· · · · Taser and fell down on the hallway. 24· ·BY MR. NORMAN: 25· · · · Q· · Did you realize that Mr. Stepanovich was U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 102 of 159 PageID 3951 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 169 ·1· ·injured? ·2· · · · A· · On scene, I'm not sure who -- I believe so. ·3· ·I'm not sure at what point I realized -- I realized that ·4· ·or saw that, but, yes, at a certain point I did see that ·5· ·he was injured. ·6· · · · Q· · Okay.· I'm going to now show you some pictures ·7· ·that were taken by Officer Herman.· I'm going to ·8· ·represent to you that's a picture of Monika Mozolicova. ·9· ·I'm not sure if Herman took that picture, but it was 10· ·taken at the emergency room. 11· · · · A· · The one showing Officer O'Reilly with the neck 12· ·brace? 13· · · · Q· · Yes. 14· · · · A· · I'm not sure. 15· · · · Q· · You are aware that Ms. Mozolicova was injured 16· ·because she was bleeding, right? 17· · · · A· · Yes, sir.· And I'm not sure, again, if I'm the 18· ·one that called for an ambulance or somebody else, but 19· ·she did get treated on scene and transported to the 20· ·hospital. 21· · · · Q· · You transported Stepanovich to jail, right? 22· · · · A· · I'm not sure.· I know there were two of us 23· ·that went out to the jail.· I'm not sure which officer 24· ·brought which two defendants.· I know officer Stacy 25· ·Walker and I both transported two people out to the jail U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 103 of 159 PageID 3952 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 170 ·1· ·facility from the scene.· I'm not sure who was in the ·2· ·back of my car, but the video of the transport would ·3· ·have it, and I have not seen that recently.· So if you'd ·4· ·show that to me, I could tell you probably who was in ·5· ·the back of my car. ·6· · · · Q· · Is there a video of the transport? ·7· · · · A· · There should be.· I believe so. ·8· · · · Q· · Have you ever seen it? ·9· · · · A· · I've never seen it. 10· · · · Q· · Did you turn -- was your camera working that 11· ·night, that morning? 12· · · · A· · It should have been, yeah.· I mean, it's like 13· ·a piece of technology, it could fail, but typically, 14· ·when we transport somebody to the jail, if there's 15· ·somebody of an opposite sex inside of the vehicle, we 16· ·would turn the camera on, so it should have been 17· ·recorded.· I haven't seen it, I haven't seen that 18· ·evidence received since the night I wrote it, so I'm not 19· ·sure if it's on there or not. 20· · · · Q· · But according to your recollection, did you 21· ·take all steps necessary to create an in-car video and 22· ·audio of the transport of Mr. Stepanovich? 23· · · · · · ·MR. REYNOLDS:· Object to form. 24· · · · · · ·THE WITNESS:· I don't recall specifically. I 25· · · · hope that I would have, but, again, unfortunately, U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 104 of 159 PageID 3953 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 171 ·1· · · · things don't always play out exactly how you would ·2· · · · like them to, so I believe that it was recorded. ·3· · · · There's also a recording in the Naples Jail Center ·4· · · · once we arrive at the jail center which would show ·5· · · · who got out of my car and who got out of Officer ·6· · · · Walker's car.· But I believe we did take -- I ·7· · · · believe that we did take those steps. ·8· ·BY MR. NORMAN: ·9· · · · Q· · To create -10· · · · A· · I haven't seen an evidence report, though. 11· · · · Q· · To create the video? 12· · · · A· · Yes, sir. 13· · · · Q· · And audio? 14· · · · A· · Yes, sir. 15· · · · Q· · And was it your practice while transporting a 16· ·prisoner to do that all the time, to go ahead and turn 17· ·that on? 18· · · · A· · Not all the time. 19· · · · · · ·MR. REYNOLDS:· Object to the form.· Be sure to 20· · · · let him finish his question. 21· · · · · · ·THE WITNESS:· I apologize. 22· · · · · · ·MR. REYNOLDS:· That's all right.· We just want 23· · · · a clear record. 24· · · · · · ·THE WITNESS:· Not necessarily all the time. 25· · · · If it was a male subject and a male officer, if the U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 105 of 159 PageID 3954 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 172 ·1· · · · person was being cooperative, typically we wouldn't ·2· · · · necessarily record the transport.· If the person ·3· · · · was being volatile, obviously, with this incident, ·4· · · · I hope we would have recorded the transport. ·5· ·BY MR. NORMAN: ·6· · · · Q· · Have you seen that picture of Mr. Stepanovich? ·7· · · · A· · I have. ·8· · · · Q· · And does he look injured in that photo? ·9· · · · A· · I see a small cut or something on the top 10· ·right of the picture, his top left forehead. 11· · · · Q· · How about his eye?· Does his eye look injured? 12· · · · A· · To me it just looks like it's closed, but it 13· ·very well could be.· I don't know. 14· · · · Q· · But we are looking at a picture taken that 15· ·night, and it is apparent that Mr. Stepanovich has some 16· ·kind of a gash or cut on his forehead? 17· · · · A· · Yes, sir. 18· · · · Q· · What was the policy of the Naples Police 19· ·Department regarding when an individual taken into 20· ·custody should receive medical treatment? 21· · · · A· · Anytime there's anything -- anytime somebody's 22· ·complaining of an injury.· Mr. Stepanovich was checked 23· ·out on the scene.· I believe he refused medical 24· ·treatment from EMS on the scene and they released him on 25· ·scene.· Ms. Mozolicova received on-scene treatment and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 106 of 159 PageID 3955 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 173 ·1· ·was transported to the hospital.· I know Officer ·2· ·O'Reilly received medical treatment on scene.· So I'm ·3· ·not sure about any of the other parties, though. ·4· · · · Q· · Okay.· And in your report, does it say that ·5· ·Mr. Stepanovich refused medical treatment? ·6· · · · A· · It says, "EMS arrived on scene," I'm looking ·7· ·at page 8 of 9, page 42, on the bottom, the second to ·8· ·last paragraph, "EMS arrived on scene, assessed and ·9· ·released Stepanovich on scene without incident."· It 10· ·doesn't specifically say that he refused transport, but 11· ·they wouldn't -- if he said that he had a head injury or 12· ·wanted to be transported, they would have, for my 13· ·understanding working with EMS and being on quite a few 14· ·calls with them, they would have backboarded him or 15· ·treated him and brought him to the hospital if he 16· ·wanted it.· They typically would have a log that shows 17· ·him, or one of the officers if he was in custody, we 18· ·would've probably signed off on a refusal form for him, 19· ·but they would have something like that. 20· · · · Q· · They should have a refusal form? 21· · · · A· · I would assume.· I'm not sure if it's the City 22· ·of Naples or Collier EMS, but somebody should have. 23· · · · Q· · Did you prevent him from getting medical 24· ·treatment? 25· · · · A· · Absolutely not. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 107 of 159 PageID 3956 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 174 ·1· · · · Q· · Did he ask you to get him looked at by EMS? ·2· · · · A· · I'm not sure if he asked or if we just noticed ·3· ·the cut and had EMS check him out when they were there ·4· ·for Mrs. Mozolicova and Officer O'Reilly.· I'm not sure ·5· ·if he asked or if we just had him checked out ·6· ·regardless.· Typically, the jail center wouldn't -·7· ·typically, the jail center wants our detainees, for lack ·8· ·like of a better term, to be checked out prior to them ·9· ·being transported there.· So I think that's the reason. 10· ·I'm not sure if he asked for it or not, though. 11· · · · Q· · Did you ever call Alek or anyone else "a 12· ·foreign piece of shit" that day? 13· · · · A· · Absolutely not. 14· · · · Q· · Did you make any derogatory comments of them 15· ·being foreigners or from another country? 16· · · · A· · Absolutely not.· I think it's one of the great 17· ·things about Naples is there's so much diversity.· It's 18· ·a fantastic community.· I couldn't imagine any of us 19· ·saying that.· I can't speak for everybody on the scene, 20· ·but that's absolutely not true. 21· · · · Q· · Did you tell Alek or anyone else that they're 22· ·done in this town? 23· · · · A· · No, sir. 24· · · · Q· · Did you make any comment like that? 25· · · · A· · No, sir. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 108 of 159 PageID 3957 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 175 ·1· · · · Q· · Did you fill out a Use of Force Report for the ·2· ·force that you used against Mozolicova? ·3· · · · A· · I did not.· Typically, typically, the officer ·4· ·doesn't fill out the Use of Force Report.· We complete ·5· ·our statement, it's been so long, I believe we advise ·6· ·the sergeant and the supervisor does the Use of Force ·7· ·form, does the Use of Force review and completes that ·8· ·form or paperwork. ·9· · · · Q· · Was there a Use of Force Report filled out for 10· ·the force you used with Mozolicova? 11· · · · A· · I'm not sure. 12· · · · Q· · Should there have been? 13· · · · · · ·MR. REYNOLDS:· Objection to form. 14· · · · · · ·THE WITNESS:· I would have to say that's 15· · · · something you would have to ask the police 16· · · · department.· Typically when somebody's just 17· · · · resisting an arrest -- I honestly don't know. I 18· · · · don't recall. 19· ·BY MR. NORMAN: 20· · · · Q· · You don't know what the policy is? 21· · · · A· · I don't recall the specific policy.· If I 22· ·recall correctly, if it's just, if it's an arrest and 23· ·somebody's being combative and you have to physically 24· ·take them into custody, Use of Force might not be 25· ·warranted.· Obviously, with a Taser being deployed -- U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 109 of 159 PageID 3958 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 176 ·1· · · · Q· · You didn't Taser Mozolicova? ·2· · · · A· · Speaking in regards to Mr. Stepanovich or the ·3· ·incident as a whole.· Obviously, with a Taser being ·4· ·deployed, the Use of Force Report should have been done ·5· ·with that, but I think that's something to clarify with ·6· ·the police department with the policy.· I don't recall. ·7· · · · Q· · How about when somebody's injured or sustains ·8· ·a cut during an arrest? ·9· · · · · · ·MR. REYNOLDS:· Object to form. 10· · · · · · ·THE WITNESS:· I don't recall what it reads in 11· · · · the policies. 12· ·BY MR. NORMAN: 13· · · · Q· · So you don't, you don't recall now or you were 14· ·not aware of whether you needed to fill out a Use of 15· ·Force Report if someone was injured during an arrest? 16· · · · A· · I don't recall now. 17· · · · · · ·MR. REYNOLDS:· Object to form. 18· · · · · · ·THE WITNESS:· Again, I believe the supervisors 19· · · · would fill it out.· So we kind of document as the 20· · · · officer, Hey, X, Y, and Z happened, give the 21· · · · supervisor a totality of what happened, which I did 22· · · · with Sergeant Herman room by room, and I believe at 23· · · · that point the sergeant or the supervisor would 24· · · · fill out the Use of Force, but I don't know if it 25· · · · was done with respect to Mrs. Mozolicova. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 110 of 159 PageID 3959 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 177 ·1· ·BY MR. NORMAN: ·2· · · · Q· · Do you recall having a conversation with ·3· ·Officer Herman about whether a Use of Force Report ·4· ·should be completed regarding -·5· · · · A· · I don't specifically recall, no, sir. ·6· · · · · · ·Can we take just a few moment break? ·7· · · · Q· · Sure.· Anytime you want to take a break. ·8· · · · · · ·(A recess was taken at 3:14 p.m.) ·9· · · · · · ·(Back on the record at 3:28 p.m.) 10· · · · · · ·MR. NORMAN:· We're back on the record. 11· ·BY MR. NORMAN: 12· · · · Q· · I'm going to direct you, Mr. Bradshaw, to the 13· ·Naples Police Department Use of Force policy. 14· · · · A· · Okay. 15· · · · Q· · Okay. 16· · · · · · ·And if you want to take a look at it.· It's 17· ·something that you provided. 18· · · · · · ·You can take a few -- I'm just going to ask 19· ·you about the one page. 20· · · · A· · Yes, sir. 21· · · · · · ·MR. NORMAN:· May I have that back, please? 22· · · · · · ·MR. REYNOLDS:· Oh, I thought this was for us. 23· ·BY MR. NORMAN: 24· · · · Q· · Have you ever seen this document before? 25· · · · A· · I have. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 111 of 159 PageID 3960 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 178 ·1· · · · Q· · You have?· And do you receive training on this ·2· ·document? ·3· · · · A· · I did. ·4· · · · Q· · At Naples? ·5· · · · A· · I did. ·6· · · · Q· · You did? ·7· · · · A· · Yes, sir. ·8· · · · Q· · Does it appear to be a full copy of the Use of ·9· ·Force policy for the City of Naples Police Department? 10· · · · A· · It's been a while since I've seen it, but I 11· ·believe -- I wouldn't have any reason to dispute it. I 12· ·don't recall exactly what it looks like, but this looks 13· ·like the document. 14· · · · Q· · Okay.· If you could take a look at Use of 15· ·Force Report A, paragraph A, where it says Use of Force 16· ·Report, and I'll read it for the record.· It says, 17· ·"...will be submitted whenever an officer takes an 18· ·action that results in (or alleged to result in) an 19· ·injury or death of another person and/or applies to 20· ·force through the use of non-lethal weapons."· Number 21· ·Two says, "The report shall be forwarded to the office 22· ·of the chief." 23· · · · · · ·Now, shouldn't this policy, Use of Force 24· ·Report, have pertained to what happened with 25· ·Ms. Mozolicova in the bedroom? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 112 of 159 PageID 3961 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 179 ·1· · · · · · ·MR. REYNOLDS:· Objection to form. ·2· · · · · · ·THE WITNESS:· I haven't seen the Use of Force ·3· · · · Report.· Do you have that?· And I'm wondering if ·4· · · · it's just like an all-encompassing -- I haven't ·5· · · · seen it.· Does it apply -·6· ·BY MR. NORMAN: ·7· · · · Q· · What I can represent to you is that there was ·8· ·a Use of Force Report pertaining to Officer O'Reilly's ·9· ·Use of Force in regards to Stepanovich. 10· · · · A· · Okay. 11· · · · Q· · I can represent that to you.· We can get it if 12· ·you -13· · · · A· · I'm not sure if it was completed by a 14· ·supervisor.· I know during my tenure with the police 15· ·department, we went through an accreditation process, 16· ·and our Use of Force rules and regulations, all of our 17· ·procedures were put onto a new database.· So with the 18· ·best recollection that I can remember, a supervisor 19· ·should have completed the Use of Force.· It should have 20· ·been applicable -21· · · · Q· · If you want to look at B, Supervisor 22· ·Responsible, it does say, "If the responsible member is 23· ·unable to complete the Use of Force Report for any 24· ·reason, it will become the responsibility of that 25· ·member's immediate supervisor to submit this report." U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 113 of 159 PageID 3962 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 180 ·1· ·So my understanding, you tell me if you understand the ·2· ·same thing -·3· · · · A· · Sure.· No, with her being transported to the ·4· ·hospital, absolutely, it should have been completed. ·5· ·I'm not sure if that was my responsibility and it just ·6· ·didn't get caught or what, but I did not complete a Use ·7· ·of Force Report.· But based on her being transported to ·8· ·the hospital, I suppose it should have been completed. ·9· · · · Q· · Because she was injured? 10· · · · A· · Absolutely. 11· · · · Q· · And you were aware of that? 12· · · · A· · Absolutely. 13· · · · Q· · And you also used force, right? 14· · · · · · ·MR. REYNOLDS:· Objection to form. 15· · · · · · ·THE WITNESS:· I tried to take her into 16· · · · custody.· I used -- yes, sir.· I had to use force 17· · · · to take her into custody, absolutely. 18· ·BY MR. NORMAN: 19· · · · Q· · And then down below it says Non-Lethal Weapons 20· ·or Physical Force.· One says, "Incidents involving the 21· ·use of physical force or a non-lethal weapon resulting 22· ·in injury will be reported on Use of Force Report."· So 23· ·that would apply to what happened, right? 24· · · · · · ·MR. FOX:· Object to form. 25· · · · · · ·MR. REYNOLDS:· Joined. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 114 of 159 PageID 3963 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 181 ·1· · · · · · ·THE WITNESS:· And I apologize.· I mean, ·2· · · · outside of specifying that, reviewing this, one ·3· · · · should have been done.· I don't -- I didn't catch ·4· · · · the last question because they objected. ·5· ·BY MR. NORMAN: ·6· · · · Q· · We'll move on. ·7· · · · · · ·What did Milan Uzunovcic do to get arrested ·8· ·and why was it necessary to break the door down to get ·9· ·him? 10· · · · A· · Based on the arrest report, I did not document 11· ·that efficiently, but at a point in time before they 12· ·went into the back bedroom when I was inside of the 13· ·unit, I had a physical altercation with Mr. Uzunovic, 14· ·and then, obviously, the disorderly conduct charge I 15· ·felt applied to him being inside of the unit and him 16· ·being part of the party going on and causing the 17· ·disturbance that caused us to be there in the first 18· ·place. 19· · · · Q· · Did he hit you? 20· · · · A· · I believe when -- I believe at one point I was 21· ·pushed and shoved by him and Kavaja, I just didn't 22· ·document it -- I didn't document it, and I don't recall 23· ·specifically what he did, but I had a physical 24· ·altercation with him. 25· · · · Q· · So you charged five people, right? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 115 of 159 PageID 3964 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 182 ·1· · · · A· · Yes, sir. ·2· · · · Q· · You charged all five people with felonies, ·3· ·right?· I mean, I'll let you look at it.· Here's the ·4· ·offense report.· I mean, every single person charged got ·5· ·charged with felonies, right? ·6· · · · A· · That's correct. ·7· · · · Q· · And even though you were charging these people ·8· ·with felonies, you admit you didn't document these ·9· ·charges correctly in your police report, right? 10· · · · · · ·MR. FOX:· Objection. 11· · · · · · ·MR. REYNOLDS:· Objection to form. 12· · · · · · ·THE WITNESS:· In hindsight, I should have 13· · · · absolutely put more detail in there. 14· ·BY MR. NORMAN: 15· · · · Q· · Because you're charging them -- well, you're 16· ·charging them with crimes, right? 17· · · · A· · Yes, sir. 18· · · · Q· · And especially since you're charging them with 19· ·felonies? 20· · · · · · ·MR. REYNOLDS:· Objection to form. 21· · · · · · ·MR. FOX:· Form. 22· · · · · · ·THE WITNESS:· In my mind, the incident was so 23· · · · fresh, and if you would have asked me the same 24· · · · questions a couple of days later, I could've 25· · · · absolutely specified what happened.· I just -- I U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 116 of 159 PageID 3965 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 183 ·1· · · · did not document the report as well as I should ·2· · · · have. ·3· ·BY MR. NORMAN: ·4· · · · Q· · And you've got five felonies in there for ·5· ·striking you.· All of those had to do with people ·6· ·striking you? ·7· · · · A· · Yes, sir. ·8· · · · Q· · Right?· So all five of those people hit you at ·9· ·least.· And if you can take a look at these pictures, I 10· ·mean, you have one scratch on your arm, right? 11· · · · · · ·MR. REYNOLDS:· Objection to form. 12· · · · · · ·MR. FOX:· Joined. 13· · · · · · ·THE WITNESS:· I don't believe the pictures are 14· · · · very clear, first of all.· Secondly, I mean, I've 15· · · · been in quite a few physical confrontations.· You 16· · · · don't always get marked up or scratched.· It's not 17· · · · always visible in photographs.· I absolutely had 18· · · · struggles with each of the persons that I charged 19· · · · with those crimes whether or not it's reflected in 20· · · · the photos. 21· ·BY MR. NORMAN: 22· · · · Q· · Did you take any pictures of bruises that you 23· ·got the next day? 24· · · · A· · I did not. 25· · · · Q· · Did you take any other pictures of injuries U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 117 of 159 PageID 3966 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 184 ·1· ·that you sustained? ·2· · · · A· · I did not. ·3· · · · Q· · So was it your decision to break the door down ·4· ·to the bathroom in order to arrest Uzunovic? ·5· · · · A· · Yes, sir.· I was the one that forced the door ·6· ·open. ·7· · · · Q· · So you made the decision to break the door ·8· ·down.· Did you break it down? ·9· · · · A· · I'm not sure if I broke it down, or I'm not 10· ·sure how we forced entry.· I don't recall. 11· · · · Q· · Did you look for his cell phone while you were 12· ·in the bathroom? 13· · · · A· · No. 14· · · · Q· · Did you know he was recording? 15· · · · A· · I don't know if I recalled him specifically 16· ·recording or if I just knew others were recording. I 17· ·didn't look for anything in the phone or in the bathroom 18· ·or anything of that nature. 19· · · · Q· · Did you take anybody's phone that night? 20· · · · A· · No, sir. 21· · · · Q· · Did you smash anybody's phone that night? 22· · · · A· · No, sir. 23· · · · Q· · Any idea how they -24· · · · A· · I may have taken a phone to put into evidence, 25· ·or it may have been in the jail facility.· I don't U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 118 of 159 PageID 3967 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 185 ·1· ·recall an evidence log.· I'm not saying that nobody had ·2· ·a phone on them, or he didn't have a phone on him. I ·3· ·don't know, quite frankly, what happened to his phone or ·4· ·anyone else's. ·5· · · · Q· · You received a Medal of Commendation for what ·6· ·you did in the apartment that night, right? ·7· · · · A· · I did. ·8· · · · Q· · You did.· Take a look at it. ·9· · · · A· · (Reviews document.)· Yes, sir. 10· · · · Q· · Why were you told you were getting a Medal of 11· ·Commendation for what you did that night? 12· · · · A· · Based on the volatility of the situation, the 13· ·other officers and I maintained our professionalism 14· ·throughout the entire interaction.· We were extremely 15· ·calm and collective outside of when Officer O'Reilly got 16· ·kicked in the face, I think, was the first time anyone 17· ·used any type of the cursing or foul language.· It was 18· ·my understanding that the medal, who I did not put 19· ·myself in for a commendation, but it was my 20· ·understanding that this was being presented to me based 21· ·on being able to de-escalate a volatile situation with 22· ·Mr. Stepanovich kicking Officer O'Reilly in the face. 23· · · · Q· · Did the issue of a lot of the charges getting 24· ·dropped because they couldn't be substantiated ever come 25· ·up as part of this process? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 119 of 159 PageID 3968 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 186 ·1· · · · · · ·MR. REYNOLDS:· Objection to form. ·2· · · · · · ·THE WITNESS:· Not to my recollection.· It was ·3· · · · never and still to this day has not been brought up ·4· · · · to me inside of the police department. ·5· ·BY MR. NORMAN: ·6· · · · Q· · The issue of your unlawful entry into the ·7· ·home, was that ever addressed as part of this Medal of ·8· ·Commendation process? ·9· · · · · · ·MR. REYNOLDS:· Object to form. 10· · · · · · ·THE WITNESS:· No, sir. 11· ·BY MR. NORMAN: 12· · · · Q· · Now, you met with the state's attorney and 13· ·several other officers, right, at some point in time? 14· · · · A· · Yes. 15· · · · Q· · And at that point in time, you were told that 16· ·you shouldn't have been in the house, right? 17· · · · · · ·MR. REYNOLDS:· Objection to any discussions 18· · · · you have with the state attorney. 19· · · · · · ·MR. FOX:· I'll join. 20· · · · · · ·MR. REYNOLDS:· I'll assert attorney-client 21· · · · privilege in that regard on his behalf as 22· · · · previously stated. 23· ·BY MR. NORMAN: 24· · · · Q· · Did you -- at some point you learned that you 25· ·shouldn't have been in the property? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 120 of 159 PageID 3969 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 187 ·1· · · · A· · That's correct. ·2· · · · Q· · Were you disciplined for unlawfully entering ·3· ·the premises? ·4· · · · A· · No, sir. ·5· · · · · · ·MR. REYNOLDS:· Object to form. ·6· · · · · · ·MR. FOX:· May I have my standing objection ·7· · · · about remedial measures?· Is that a 'yes'? ·8· · · · · · ·MR. NORMAN:· Absolutely. ·9· ·BY MR. NORMAN: 10· · · · Q· · Did you or any officers that you know of 11· ·receive training pertaining to when you could enter an 12· ·individual's residence for a misdemeanor? 13· · · · · · ·MR. REYNOLDS:· Object to form, asked and 14· · · · answered. 15· · · · · · ·MR. FOX:· Joined. 16· · · · · · ·THE WITNESS:· I can't speak for the other 17· · · · officers.· Again, with the police academy, the 18· · · · field training program, I'm not sure if, again, it 19· · · · was a specific topic of any of the in-service 20· · · · trainings. 21· ·BY MR. NORMAN: 22· · · · Q· · I'm sorry.· I meant subsequent to learning 23· ·that you were unlawfully in the residence. 24· · · · A· · Prior to -25· · · · · · ·MR. REYNOLDS:· Objection to form.· Go ahead. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 121 of 159 PageID 3970 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 188 ·1· · · · · · ·THE WITNESS:· Prior to finding that out, not ·2· · · · that I recall specifically.· It very well could ·3· · · · have been a topic of another in-service training ·4· · · · or -- I don't recall that being a specific point. ·5· · · · Sometimes they do the in-service training, though, ·6· · · · to cover a couple of topics, such as Use of Force, ·7· · · · and then they also cover fresh pursuit and some of ·8· · · · the other concerns that came up here.· So I think ·9· · · · that's something that the training department would 10· · · · have record of. 11· ·BY MR. NORMAN: 12· · · · Q· · And I guess my point is you learned at some 13· ·point you shouldn't have been in the house? 14· · · · A· · That's correct. 15· · · · Q· · And it's a Fourth Amendment violation, you 16· ·learned that, right, to go into somebody's house? 17· · · · · · ·MR. REYNOLDS:· Object to the form. 18· · · · · · ·MR. FOX:· Object to the form. 19· · · · · · ·THE WITNESS:· Yes. 20· ·BY MR. NORMAN: 21· · · · Q· · And you weren't disciplined.· We've 22· ·established that, right? 23· · · · A· · That's correct. 24· · · · Q· · There's nothing in your personnel file that 25· ·says Officer Bradshaw violated Mr. Stepanovich and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 122 of 159 PageID 3971 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 189 ·1· ·Ms. Mozolicova's Fourth Amendment rights? ·2· · · · A· · That's correct. ·3· · · · Q· · Are you telling me that you never got any ·4· ·training after you learned that you were unlawfully in ·5· ·their home so that you would know when you could enter ·6· ·someone's home legally? ·7· · · · · · ·MR. REYNOLDS:· Objection to form. ·8· · · · · · ·MR. FOX:· Joined. ·9· · · · · · ·THE WITNESS:· I don't specifically recall.· It 10· · · · might have been a conversation that I had with a 11· · · · supervisor after it.· It might have been an 12· · · · in-service training that made it a topic of -- I 13· · · · don't specifically recall, but that's not to mean 14· · · · that they didn't have that type of training post to 15· · · · that being covered and pointed out, that we 16· · · · shouldn't have been inside the home.· I just don't 17· · · · recall. 18· ·BY MR. NORMAN: 19· · · · Q· · What consequences were there, if any, for you 20· ·for unlawfully entering their home? 21· · · · · · ·MR. FOX:· Objection to the form. 22· · · · · · ·MR. REYNOLDS:· Objection to form. 23· · · · · · ·THE WITNESS:· Outside of getting one of my 24· · · · coworkers kicked in the face -- or not getting him 25· · · · kicked in the face, but, you know, obviously -- U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 123 of 159 PageID 3972 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 190 ·1· · · · it's never any of our intentions to escalate or ·2· · · · have a matter escalate into this type of volatile ·3· · · · situation.· You know, nobody probably feels more ·4· · · · strongly than I do of how simplistic of a call this ·5· · · · was and how very easily it could have been resolved ·6· · · · by them just simply turning down music and being ·7· · · · decent neighbors at 4:00 in the morning.· I don't ·8· · · · recall any specific punishment or any specific ·9· · · · discipline, to answer your question, that occurred 10· · · · after this. 11· ·BY MR. NORMAN: 12· · · · Q· · My question was, actually, were there any 13· ·consequences that you endured for entering their house, 14· ·their home, illegally? 15· · · · · · ·MR. FOX:· Object to the form. 16· · · · · · ·MR. REYNOLDS:· Joined. 17· · · · · · ·THE WITNESS:· Not that I -- not that I can 18· · · · specifically recall.· I mean, not that I 19· · · · specifically recall. 20· ·BY MR. NORMAN: 21· · · · Q· · You didn't lose your job? 22· · · · A· · No, sir. 23· · · · Q· · Didn't lose your apartment? 24· · · · A· · No, sir. 25· · · · Q· · You weren't physically injured except for a U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 124 of 159 PageID 3973 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 191 ·1· ·couple of scratches? ·2· · · · A· · I was. ·3· · · · Q· · Now, did you go back -- and this is a big ·4· ·document.· We're not going to go through a lot of that, ·5· ·but in here is the incident report.· I believe it's -·6· · · · A· · Will I be needing to refer to these again or ·7· ·can I clear this up a little? ·8· · · · Q· · Yeah, you can put that back. ·9· · · · A· · Put them to the side. 10· · · · Q· · I hadn't entered those as exhibits. 11· · · · A· · And the arrest report as well? 12· · · · Q· · Incident report. 13· · · · A· · But do you want this arrest report as well? 14· · · · Q· · Oh, yeah. 15· · · · A· · I just don't want to mix anything up. 16· · · · Q· · Hold on to that, because we're going to 17· ·compare side-by-side.· Incident report starts at 18· ·page 23.· If you could look at the narrative in both of 19· ·these and tell me if you see any other differences other 20· ·than the handwritten notation that we've gone over 21· ·previously? 22· · · · A· · (Reviews documents.)· Just so I understand 23· ·correctly, you want me to read both of these sentence by 24· ·sentence to make sure there's no -- and I'm more than 25· ·happy to do that. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 125 of 159 PageID 3974 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 192 ·1· · · · Q· · It's long. ·2· · · · A· · Exactly. ·3· · · · Q· · Let me rephrase the question. ·4· · · · · · ·Did you take the handwritten notation, we may ·5· ·have gone over this a few hours ago, on page 9 of 9 of ·6· ·the charging document, and ever go back and modify the ·7· ·incident report with that information? ·8· · · · A· · No, sir. ·9· · · · Q· · How come? 10· · · · A· · It's been so long, I don't believe that I had 11· ·the ability to actually go back and edit a report. I 12· ·could probably have submitted a supplemental, a 13· ·supplemental report.· That was never, to the best of my 14· ·recollection, was never done.· I'm not sure if Sergeant 15· ·Finman submitted a supplemental report after making that 16· ·notation, or if just that handwritten notation on the 17· ·charging document was sufficient. 18· · · · Q· · Now, who has access to the charging document 19· ·and who has access to the incident report in terms of 20· ·your supervisors? 21· · · · A· · They all have.· I mean, everybody as far as 22· ·being able to edit it or just review it, everybody. I 23· ·can go in Showcase and look up any police arrest report 24· ·and incident report.· I can go in our system and pull 25· ·any -- I mean anyone had access to it theoretically. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 126 of 159 PageID 3975 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 193 ·1· ·Who can edit it, I believe once it goes to our records ·2· ·department, you can't -- I don't know. ·3· · · · Q· · So you would have had access to the booking ·4· ·report on your computer, to the booking document? ·5· · · · A· · To be able to view it, yes, sir.· Not to edit ·6· ·it necessarily. ·7· · · · Q· · And you would have had access to the ·8· ·handwritten version of the report; is that what you're ·9· ·telling me? 10· · · · · · ·MR. REYNOLDS:· Objection to form. 11· ·BY MR. NORMAN: 12· · · · Q· · So I'll rephrase. 13· · · · · · ·When you're looking at this document online, 14· ·you're going to also see the handwritten strikeouts? 15· · · · A· · I'm not sure. 16· · · · Q· · Probably not? 17· · · · A· · I'm not sure. 18· · · · Q· · Probably not, right? 19· · · · A· · I genuinely don't know.· I'm not sure if they 20· ·take the document -- I'm not sure.· I'm not sure at what 21· ·point that would have been reviewed, like if he went 22· ·down and changed it at the jail facility, or if it was 23· ·sent to the state attorney.· I'm not sure at what point 24· ·that would have been, like, put in that Showcase system. 25· · · · Q· · Do you know which document is viewed more U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 127 of 159 PageID 3976 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 194 ·1· ·frequently by the chain of command, by supervisors, ·2· ·booking report or an incident report? ·3· · · · · · ·MR. REYNOLDS:· Objection to form. ·4· · · · · · ·MR. FOX:· Joined. ·5· · · · · · ·THE WITNESS:· I don't. ·6· ·BY MR. NORMAN: ·7· · · · Q· · So can we agree that as they currently stand, ·8· ·you've got two conflicting pieces of information in ·9· ·here.· In the incident report it says, "An NCIC check of 10· ·subject Stepanovich revealed an activated Interpol 11· ·warrant, wanted person's hit out of Serbia for the crime 12· ·of murder.· Interpol warrant number K146708.· Interpol 13· ·later advised they were going to begin to confirm the 14· ·warrant and extradite with the requesting country."· So 15· ·that's active in the incident report, right? 16· · · · A· · Yes, sir. 17· · · · · · ·MR. REYNOLDS:· Object to form. 18· ·BY MR. NORMAN: 19· · · · Q· · Never corrected.· I don't see any correction, 20· ·do you? 21· · · · · · ·MR. REYNOLDS:· Objection to form. 22· · · · · · ·THE WITNESS:· No, sir. 23· · · · · · ·MR. FOX:· Joined. 24· ·BY MR. NORMAN: 25· · · · Q· · But in the charging document it has been U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 128 of 159 PageID 3977 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 195 ·1· ·corrected, right? ·2· · · · A· · That's correct. ·3· · · · · · ·MR. REYNOLDS:· Objection to form. ·4· · · · · · ·MR. FOX:· Joined. ·5· ·BY MR. NORMAN: ·6· · · · Q· · Are you aware of any checks, balances, ·7· ·safeguards, to make sure we don't have important ·8· ·conflicting information in the two different reports? ·9· · · · · · ·MR. REYNOLDS:· Objection to form. 10· · · · · · ·MR. FOX:· Objection. 11· · · · · · ·THE WITNESS:· As I said earlier, typically, or 12· · · · not typically, some officers, and again, it's 13· · · · officer preference or supervisor preference, maybe 14· · · · have a narrative that they have on their charging 15· · · · document and a narrative that they have on their 16· · · · arrest or offense report that's filed with the 17· · · · police department.· So some things may look 18· · · · differently or contradict itself.· I'm not sure 19· · · · what document a judge reviews, what document the 20· · · · state attorney reviews, document chain of command 21· · · · reviews, I'm not sure what checks and balances 22· · · · would be in place.· I was never at that position, 23· · · · so I'm not sure how they -- I'm not sure how they 24· · · · would view the document that use those checks and 25· · · · balances. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 129 of 159 PageID 3978 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 196 ·1· ·BY MR. NORMAN: ·2· · · · Q· · Okay.· But both of these were public ·3· ·documents, right? ·4· · · · A· · Yes, sir. ·5· · · · Q· · Now, we talked about the Interpol issue ·6· ·earlier.· Did you ever look at the CAD report to see ·7· ·what that was telling you to do in regards to the ·8· ·Interpol flag? ·9· · · · A· · I probably looked at it that evening, but I 10· ·haven't reviewed it in quite some time. 11· · · · Q· · Okay.· If we can go to page 5, D5, we're going 12· ·to go halfway down. 13· · · · A· · Okay. 14· · · · Q· · It says, "Warning.· Do not arrest based on 15· ·this foreign fugitive record MK.· Fugitive from a 16· ·foreign country.· Caution."· Do you remember reviewing 17· ·this section of the report? 18· · · · A· · I do. 19· · · · Q· · So you knew you couldn't arrest him based on 20· ·these charges? 21· · · · · · ·MR. REYNOLDS:· Objection to form. 22· · · · · · ·THE WITNESS:· Not necessarily.· It says, 23· · · · "Immediately contact Interpol, US DOJ," and, again, 24· · · · this was my first and only time interacting with 25· · · · Interpol.· So we contacted that 202 number, and U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 130 of 159 PageID 3979 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 197 ·1· · · · that's when I had the conversation with the ·2· · · · gentleman from Interpol, and that's inevitably how ·3· · · · that statement was added -- that's where I got the ·4· · · · information to add to that statement. ·5· ·BY MR. NORMAN: ·6· · · · Q· · And who you were working with in order to ·7· ·confirm the Interpol information? ·8· · · · A· · Interpol. ·9· · · · Q· · Were you working with a supervisor? 10· · · · A· · I don't recall if there was a supervisor 11· ·there.· I'm pretty sure I ran that by a supervisor, but 12· ·I don't recall who.· And I know that when the call was 13· ·made, I believe I was the only one on the line. 14· · · · Q· · Before you put the information about the 15· ·Interpol in here, did you go to anybody and say, Hey, 16· ·this is my first time dealing with an Interpol issue, 17· ·you know, can I put this in here?· Is it -18· · · · A· · I did not, but, again, all of our reports are 19· ·reviewed by supervisors, so I put in there as clearly as 20· ·it was articulated to me by the Interpol representative 21· ·exactly what they say. 22· · · · Q· · Do you remember the Interpol representative's 23· ·name? 24· · · · A· · I do not. 25· · · · Q· · Do you have any notes of your conversation U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 131 of 159 PageID 3980 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 198 ·1· ·with the Interpol representative? ·2· · · · A· · I don't.· Do you mind if I review the CAD ·3· ·reports? ·4· · · · Q· · No, absolutely not. ·5· · · · A· · (Reviews document.)· No, no, sir.· I don't ·6· ·recall having any notes from the call.· I was thinking ·7· ·maybe I typed something into the CAD, but I don't see ·8· ·anything. ·9· · · · Q· · Did you, prior to entering information on the 10· ·booking sheet, did you take any steps to confirm whether 11· ·or not Mr. Stepanovich was a U.S. citizen? 12· · · · A· · I don't know that I would have.· I think the 13· ·booking sheet, and I haven't -- do you have the cover 14· ·for the booking sheet?· I think it asks the place of 15· ·birth.· I'm not sure if it asks for that information. 16· · · · Q· · Do you know where the information was obtained 17· ·that was entered in here where it says you need to 18· ·confirm the information; it may take up to ten days? 19· · · · · · ·MR. REYNOLDS:· Objection to form. 20· · · · · · ·MR. FOX:· Joined. 21· · · · · · ·THE WITNESS:· That was written by Sergeant 22· · · · Finman.· I don't. 23· ·BY MR. NORMAN: 24· · · · Q· · Why did he know that you needed to wait ten 25· ·days to confirm and you didn't know this? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 132 of 159 PageID 3981 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 199 ·1· · · · · · ·MR. REYNOLDS:· Objection to form. ·2· · · · · · ·MR. FOX:· Objection. ·3· · · · · · ·THE WITNESS:· That would be a good question ·4· · · · for him.· Maybe he's dealt with them before, or if ·5· · · · somebody from Interpol called back or if they ·6· · · · called to inquire, I'm not sure. ·7· ·BY MR. NORMAN: ·8· · · · Q· · And it references in here that the reviewing ·9· ·officer -- this on page 24 down on the bottom. 10· · · · · · ·MR. REYNOLDS:· Let him get there. 11· ·BY MR. NORMAN: 12· · · · Q· · It mentions that Herman was the reviewing 13· ·officer.· Do you have a specific recollection of Officer 14· ·Herman, Sergeant Herman reviewing the report? 15· · · · A· · I don't, but as I mentioned before, it's not 16· ·really uncommon.· You may have a sergeant review the 17· ·booking sheets once they're written and sent out.· It 18· ·says this got printed out at 12:20 in the afternoon, and 19· ·we got on shift at 6:00 the prior evening.· So Officer 20· ·Herman probably went home at a certain point in time, 21· ·and we probably got it the next evening, at which point 22· ·I would assume he reviewed the report at that point, but 23· ·I don't have any independent recollection.· But that 24· ·would make sense of how it got approved by Sergeant 25· ·Finman on the booking sheet side and the police report U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 133 of 159 PageID 3982 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 200 ·1· ·was approved by Sergeant Herman. ·2· · · · Q· · Is it just this one, to the best of your ·3· ·knowledge, is it just this one spot here that says, ·4· ·"Officer supervising if applicable?" ·5· · · · A· · I believe so.· I'm not sure if there's, like, ·6· ·a computer record or a date and time stamp. ·7· · · · Q· · But there's no signature spot for Officer ·8· ·Herman to complete anything, right? ·9· · · · A· · That is correct.· I believe he reviewed all 10· ·the supplemental reports. 11· · · · Q· · And that's my point.· You know, on the 12· ·supplemental report, you've got reviewing Officer Herman 13· ·Michael Scott, officer ID 28. 14· · · · A· · Yes, sir. 15· · · · Q· · But you don't have that kind of place to 16· ·notate -17· · · · A· · In the stats -18· · · · · · ·MR. REYNOLDS:· Be sure to let him finish the 19· · · · question. 20· · · · · · ·THE WITNESS:· I apologize. 21· · · · · · ·MR. REYNOLDS:· That's okay.· And then I'll 22· · · · note my form to the objection.· Now you can go 23· · · · ahead and answer if you were finished with your 24· · · · question.· Okay. 25· · · · · · ·MR. FOX:· I'm joining. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 134 of 159 PageID 3983 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 201 ·1· · · · · · ·THE WITNESS:· That's on that page 24, page 2 ·2· · · · of 11 of the report, that advises who the reviewing ·3· · · · officer was, and they sign it electronically or put ·4· · · · their information on electronically before it's ·5· · · · submitted electronically to our records section. ·6· ·BY MR. NORMAN: ·7· · · · Q· · So there's no place to initial each page like ·8· ·with the booking sheet? ·9· · · · A· · Not that I recall. 10· · · · Q· · Was it all done on the computer compared to 11· ·doing it by hand like you do on the booking sheet? 12· · · · A· · That's correct, yes, sir. 13· · · · Q· · You can take a few minute break.· I think I'm 14· ·getting ready to wrap up.· Off the record. 15· · · · · · ·(A recess was taken at 4:02 p.m.) 16· · · · · · ·(Back on the record at 4:12 p.m.) 17· · · · · · ·MR. NORMAN:· We're back on the record. 18· ·BY MR. NORMAN: 19· · · · Q· · I'm going to show you the picture of 20· ·Mr. Stepanovich which was taken at the scene by Officer 21· ·Herman.· Do you know how Mr. Stepanovich got those 22· ·injuries? 23· · · · A· · I believe when he was handcuffed, and after he 24· ·kicked Officer O'Reilly in the face the first time after 25· ·Officer O'Reilly deployed his taser and tased him, I U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 135 of 159 PageID 3984 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 202 ·1· ·believe, with his hands behind his back handcuffed, the ·2· ·Taser causes neuromuscular incapacitation, and I believe ·3· ·he fell and hit himself in the hallway while being ·4· ·tased. ·5· · · · Q· · Okay.· Did you kick him at all? ·6· · · · A· · Absolutely not. ·7· · · · Q· · How about Officer O'Reilly, did he kick him? ·8· · · · A· · I can't testify for him, but not in my ·9· ·presence, not that I saw. 10· · · · Q· · Did you strike Alek in any way? 11· · · · A· · Absolutely not.· Outside of trying to take him 12· ·into custody and affect an arrest.· He wasn't 13· ·cooperative after he got a tased to get him out of the 14· ·home and out to the front area.· But outside of 15· ·physically having to remove him and fight with him to 16· ·get into custody, absolutely not. 17· · · · Q· · Well, after his got tased, I'm going to 18· ·represent to you that the Taser report shows he got 19· ·tased twice. 20· · · · A· · Okay. 21· · · · Q· · What was he doing that was disruptive after he 22· ·got tased twice? 23· · · · A· · I'm not sure if it was necessarily him doing 24· ·something disruptive, he was just not cooperative. I 25· ·vaguely recall he just wouldn't walk out with us at that U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 136 of 159 PageID 3985 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 203 ·1· ·point.· He just was not cooperative.· I'm pretty sure we ·2· ·had to pick him up and drag him across the floor out of ·3· ·the threshold into the front hallway area to be treated ·4· ·or to be seen by EMS there. ·5· · · · Q· · Did you ever consider that maybe he was doing ·6· ·that because he had just been tased twice? ·7· · · · · · ·MR. REYNOLDS:· Objection to form. ·8· · · · · · ·THE WITNESS:· It was several -- I've been ·9· · · · tased -- that didn't cross my mind at the time. 10· · · · I've been tased, and you recover pretty quickly 11· · · · from the Taser.· Obviously, falling and hitting his 12· · · · head and falling in handcuffs, I can only imagine, 13· · · · but I believe he was blatantly just not being 14· · · · cooperative and not cooperating with us. 15· ·BY MR. NORMAN: 16· · · · Q· · Did you consider that maybe he was acting that 17· ·way because he had a head injury? 18· · · · · · ·MR. REYNOLDS:· Objection to form. 19· · · · · · ·MR. FOX:· Joined. 20· · · · · · ·THE WITNESS:· I can only imagine being tased 21· · · · in handcuffs after kicking a cop in the face -- I 22· · · · hope I would never -- I couldn't speculate what he 23· · · · was going through or whatnot.· At the time, I 24· · · · genuinely felt he was just being uncooperative. 25· ·BY MR. NORMAN: U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 137 of 159 PageID 3986 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 204 ·1· · · · Q· · So the question was you didn't consider that ·2· ·he maybe had a head injury from when you -·3· · · · · · ·MR. REYNOLDS:· Objection to form. ·4· · · · · · ·MR. FOX:· Joined. ·5· ·BY MR. NORMAN: ·6· · · · Q· · -- in regard to how he was acting? ·7· · · · A· · Again, I don't recall thinking that. I ·8· ·remember thinking he was uncooperative again. ·9· · · · Q· · The first time you arrested Alek, did you put 10· ·a chokehold on him while taking him outside? 11· · · · A· · No, no.· The first time when I took him into 12· ·custody by the master bedroom, we struggled for a few 13· ·moments, and I got him into custody and was able to walk 14· ·him out to the front.· I wouldn't say he was 15· ·cooperative, but he wasn't trying to run away.· I was 16· ·able to literally place him down next to Ms. Miric, who 17· ·was outside with Officer Harp, and Officer Harp was able 18· ·for a short period of time to keep them both there 19· ·together. 20· · · · Q· · So you never put a chokehold, any kind of 21· ·chokehold, on Mr. Stepanovich? 22· · · · A· · No, absolutely not. 23· · · · Q· · Do you recall ever telling Monika that she was 24· ·actually under arrest? 25· · · · A· · I do recall telling her that when we were at U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 138 of 159 PageID 3987 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 205 ·1· ·the door initially for the second time.· We shut the ·2· ·door, we opened it again, I do recall telling her to ·3· ·step out and we're going to place her under arrest.· As ·4· ·far as if I kept saying, you know, Stop resisting, ·5· ·you're under arrest, that while we were struggling ·6· ·inside of the unit, I don't recall if I said that or ·7· ·not, but I definitely remember saying -- I asked her to ·8· ·step outside because I was going to place her under ·9· ·arrest when we were at the doorway. 10· · · · Q· · So you told her you were going to place her 11· ·under arrest while you were at the doorway? 12· · · · A· · That's correct. 13· · · · Q· · Before you entered the home? 14· · · · A· · Yes, sir. 15· · · · Q· · I'm going to play the video one more time. 16· · · · A· · Okay. 17· · · · Q· · I'm going to start about halfway through. 18· · · · A· · Sure. 19· · · · · · ·(Playing video.) 20· ·BY MR. NORMAN: 21· · · · Q· · "Come outside."· Is that you? 22· · · · A· · Yes, sir. 23· · · · Q· · I'm going to ask you, you can let me know when 24· ·you speak. 25· · · · A· · Okay. U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 139 of 159 PageID 3988 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 206 ·1· · · · Q· · And when Officer O'Reilly speaks. ·2· · · · A· · Okay. ·3· · · · · · ·(Playing video.) ·4· ·BY MR. NORMAN: ·5· · · · Q· · If you know? ·6· · · · A· · That's me, "Is your daughter in here?" ·7· · · · Q· · Okay. ·8· · · · · · ·(Playing video.) ·9· ·BY MR. NORMAN: 10· · · · Q· · Somebody said, "Who's behind this?"· Was that 11· ·O'Reilly? 12· · · · A· · I didn't hear that.· If you want to replay it. 13· · · · · · ·(Playing video.) 14· ·BY MR. NORMAN: 15· · · · Q· · Who's saying that?· Is that you or O'Reilly? 16· · · · A· · Which part? 17· · · · Q· · "Bring her down" or something like that? 18· · · · A· · Officer O'Reilly. 19· · · · · · ·(Playing video.) 20· ·BY MR. NORMAN: 21· · · · Q· · "Stay there.· Stay there."· Who is that? 22· · · · A· · Officer O'Reilly. 23· · · · · · ·(Playing video.) 24· · · · · · ·THE WITNESS:· And that's me. 25· ·BY MR. NORMAN: U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 140 of 159 PageID 3989 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 207 ·1· · · · Q· · Saying "The officer is injured?" ·2· · · · A· · And "Roll EMS," yes. ·3· · · · · · ·(Playing video.) ·4· ·BY MR. NORMAN: ·5· · · · Q· · Officer O'Reilly? ·6· · · · A· · Yes. ·7· · · · · · ·(Playing video.) ·8· ·BY MR. NORMAN: ·9· · · · Q· · Is that you? 10· · · · A· · That's Officer O'Reilly. 11· · · · · · ·(Playing video.) 12· · · · · · ·THE WITNESS:· That's Officer O'Reilly. 13· · · · · · ·(Playing video.) 14· · · · · · ·THE WITNESS:· That's me. 15· ·BY MR. NORMAN: 16· · · · Q· · Okay.· All right. 17· · · · · · ·Do you know or did you know Mr. Stoneburner 18· ·before that night? 19· · · · A· · No, sir.· I don't believe I had any 20· ·interaction with him, the female, his wife or whomever 21· ·was in the unit, or anybody inside their unit prior to 22· ·this incident or after this incident. 23· · · · Q· · So you never had a conversation with him? 24· · · · A· · No. 25· · · · Q· · Was he drinking that night? U.S. LEGAL SUPPORT (561) 835-0220 YVer1f Kyle154-1 Bradshaw Vol II Page 141 of 159 PageID 3990 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 208 ·1· · · · A· · Who's that? ·2· · · · Q· · Mr. Stoneburner. ·3· · · · A· · Oh, I don't know. ·4· · · · Q· · You couldn't tell? ·5· · · · A· · I don't recall.· I don't believe so, but I ·6· ·don't recall. ·7· · · · Q· · All right.· No more questions. ·8· · · · · · ·MR. REYNOLDS:· Okay.· You'll read. ·9· · · · · · · · · · · · · · ***** 10· · · · · · ·(The Deposition was concluded at 4:22 p.m.) 11· · · · · · ·(Reading and signing of the Deposition was not 12· ·waived by the witness and all parties.) 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol II Page 142 of 159 PageID 3991 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 209 ·1· · · · · · · · · · ·CERTIFICATE OF OATH ·2 ·3 ·4· ·STATE OF FLORIDA,· · ·) ·5· ·COUNTY OF PALM BEACH· ) ·6 ·7 ·8· · · · · · ·I, MARSHA TRAVIS, Florida Professional ·9· ·Reporter, Notary Public, State of Florida, certify that 10· ·KYLE BRADSHAW personally appeared before me on the 9th 11· ·day of November, 2015 and was duly sworn. 12· · · · · · ·Signed this 23rd day of November, 2015. 13 14 15 16· · · 17· · · 18· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·________________________________ ·MARSHA E. TRAVIS ·Notary Public, State of Florida ·Commission No. EE 203924 ·Commission expires:· 5/31/2016 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol II Page 143 of 159 PageID 3992 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 210 ·1· · · · · · · · · · REPORTER'S CERTIFICATE ·2· ·STATE OF FLORIDA· · · ·) · · ·COUNTY OF PALM BEACH· ·) ·3 ·4 · · ·5· · · ·6· · · ·7 · · · · · ·I, Marsha E. Travis, Florida Professional ·Reporter, certify that I was authorized to and did ·report the Deposition of KYLE BRADSHAW, pages 4 through ·208; that a review of the transcript was requested; and ·that the transcript is a true record of my notes. ·8 · · ·9· · · 10· · · 11 · · · · · ·I further certify that I am not a relative, ·employee, attorney or counsel of any of the parties, nor ·am I a relative or employee of any of the parties' ·attorneys or counsel connected with the action, nor am I ·financially interested in the action. 12 13· · · · · · ·Dated this 23rd day of November, 2015. 14 15 16· · · · · · · · · · · · · ·_____________________________ · · · · · · · · · · · · · · ·MARSHA E. TRAVIS, FPR 17· · · · · · · · · · · · · ·Florida Professional Reporter 18 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol II Page 144 of 159 PageID 3993 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 211 ·1· · · · · · · · ·WITNESS NOTIFICATION LETTER ·2 ·3· ·November 23, 2015 ·4 · · ·5· · · ·6· · · ·7· ·KYLE BRADSHAW ·C/O:· LYMAN H. REYNOLDS, JR., ESQUIRE ·Roberts, Reynolds, Bedard & Tuzzio, P.L.L.C. ·470 Columbia Circle, Building C-101 ·West Palm Beach, FL 33409 ·561-688-6560 ·8 ·9· ·In Re: STEPANOVICH, ET AL. VS. CITY OF NAPLES, ET AL. · · · · · · Deposition taken on November 9, 2015 10· · · · · US LEGAL SUPPORT JOB NO. 1339695 11· · · 12 · · 13· · · 14 · · 15 ·The transcript of the above proceeding in now available ·for your review. 16· · · 17· · · 18· · · 19 ·Sincerely, ·Marsha E. Travis, FPR ·US Legal Support ·444 West Railroad Avenue, Suite 300 ·West Palm Beach, Florida 33401 ·561-835-0220 ·Please call to schedule an appointment between the hours ·of 9:00 a.m. and 4:00 p.m., Monday through Friday, at a ·US Legal Support office located nearest you. ·Please complete your review within 30 days. 20· ·CC via transcript: · · ·Stephen P. Norman, Esq. 21· ·James D. Fox, Esq. 22 23 24 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle154-1 Bradshaw Vol II Page 145 of 159 PageID 3994 Case 2:14-cv-00270-PAM-MRM Document Filed 05/18/16 November 09, 2015 212 ·1· · · · · · · · · · · · ·ERRATA SHEET ·2· · ·DO NOT WRITE ON THE TRANSCRIPT - ENTER CHANGES HERE ·3· · · · · · IN RE: STEPANOVICH VS. CITY OF NAPLES · · · · · · · · · ·DEPOSITION OF KYLE BRADSHAW ·4· · · · · · · · · · · ·NOVEMBER 9, 2015 ·5· ·Page No. Line No.· · · · · ·Change· · · · · · · · Reason ·6· ·________________________________________________________ ·7· ·________________________________________________________ ·8· ·________________________________________________________ ·9· ·________________________________________________________ 10· ·________________________________________________________ 11· ·________________________________________________________ 12· ·________________________________________________________ 13· ·________________________________________________________ 14· ·________________________________________________________ 15· ·________________________________________________________ 16· ·________________________________________________________ 17· ·________________________________________________________ 18· ·________________________________________________________ 19· ·________________________________________________________ 20· ·________________________________________________________ 21· ·Under penalties of perjury, I declare that I have read · · ·the foregoing document and that the facts stated in it 22· ·are true. 23 24· ·___________________· · · · · · · _______________________ · · ·DATE· · · · · · · · · · · · · · ·KYLE BRADSHAW 25 U.S. LEGAL SUPPORT (561) 835-0220 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 146 of 159 PageID 3995 November 09, 2015 ·1 1 100 140:14 11 201:2 12 143:6 12:20 199:18 8 8 9 9 2 2 201:1 202 196:25 23 191:18 24 199:9 201:1 28 200:13 2:06 132:2,4 3 3:14 3:28 177:8 177:9 4 4 149:22 41 143:17 42 173:7 43 157:19 4:00 190:7 4:02 201:15 4:12 201:16 4:22 208:10 5 5 196:11 6 6 143:6 6:00 199:19 7 7 133:1 143:17 173:7 143:17 173:7 192:5 A ability 192:11 absolutely 132:23 139:15, 17 140:12 148:23 156:16 159:10 173:25 174:13,16,20 180:4,10,12,17 182:13,25 183:17 187:8 198:4 202:6, 11,16 204:22 academy 187:17 access 192:18, 19,25 193:3,7 accreditation 179:15 accurate 167:20 act 140:13 acting 203:16 204:6 action 148:20 178:18 actions 148:10 155:15 activated 194:10 active 194:15 actively 144:21 145:1 147:8 158:5,8 actual 136:5 166:21 add 197:4 added 197:3 addressed 186:7 adjacent 138:4 144:9 145:12 154:14,21 165:10 168:16 adjusting 147:18 admit 182:8 advise 175:5 advised 194:13 advises 201:2 affect 149:12 158:20,21 202:12 affidavit 167:7 after-the-fact 147:22 afternoon 199:18 agree 194:7 agrees 134:16 ahead 160:2 171:16 187:25 200:23 aided 161:23 Alek 164:10 174:11,21 202:10 204:9 Aleksandar 139:4 all-encompassing 179:4 alleged 178:18 alleging 160:8, 12 allowing 162:4 altercation 181:13,24 ambulance 153:2,5 169:18 Amendment 188:15 189:1 amount 158:19 and/or 178:19 anybody's 184:19,21 anytime 172:21 177:7 apartment 137:18,19 185:6 190:23 apologize 135:24 171:21 181:1 200:20 U.S. LEGAL SUPPORT (561) 835-0220 apparent 172:15 applicable 179:20 200:4 applied 157:4 181:15 applies 178:19 apply 179:5 180:23 approved 199:24 200:1 approximately 132:4 area 133:11 134:6 135:5,6, 7,13 136:6,22, 25 140:6 153:1,25 158:23 164:2 168:8 202:14 203:3 arm 147:6 183:10 arms 144:20 145:5 150:24 arrest 144:22 147:7,8 149:12,18 151:23 157:25 158:20,21 160:25 167:6 175:17,22 176:8,15 181:10 184:4 191:11,13 192:23 195:16 196:14,19 202:12 204:24 205:3,5,9,11 arrested 135:15 137:20 181:7 204:9 arrive 166:11 171:4 arrived 154:13 157:19 173:6,8 articulated 197:20 asks 198:14,15 assert 186:20 asserting 141:17 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 147 of 159 PageID 3996 November 09, 2015 ·2 assessed 173:8 assistant 141:10,12 assisted 157:20 assume 144:18 152:12 173:21 199:22 assuming 153:12,14 attached 135:4 140:6 attempt 142:23 143:15 144:20 151:15,23 attempted 133:4 144:2 151:11 161:24 167:15 attempting 154:8,9 157:24 attention 138:20 attorney 132:7 141:10,13,20, 24 142:2 157:17 186:12, 18 193:23 195:20 attorney-client 141:19 186:20 audible 145:23 audibly 134:15 audio 139:19 140:18 152:15 170:22 171:13 audio/ videotaping 141:2 authoring 150:12 automatically 167:13 aware 140:10 154:23 155:3, 9,23 169:15 176:14 180:11 195:6 B back 132:2,3,25 134:9,21 135:16 136:1 137:22 138:22 140:7 143:3 145:12 146:25 151:20 155:6, 7,22 162:5 164:1 165:5, 12,15,24 166:3 167:18,22,25 168:18 170:2,5 177:9,10,21 181:12 191:3,8 192:6,11 199:5 201:16,17 202:1 backboarded 173:14 backup 139:14 148:15,16 149:4 balances 195:6, 21,25 based 155:14 156:12,23 157:3 180:7 181:10 185:12, 20 196:14,19 basically 138:13 139:19 144:21 bathroom 138:4, 16,17 154:15, 21 165:10 184:4,12,17 bearing 149:16, 25 bed 145:15,17, 18,19 146:1,3, 4,6,12,24,25 147:1,2,3,9, 11,17,20,22 151:22 152:2, 3,5,8 153:9, 20,21,25 157:21 158:3, 16,18,21 162:16,18 bedroom 133:8, 24,25 134:5,7, 9,10,12,21 136:1,5,11,12 137:4,5,8,9, 10,17,18,22 143:3,4,10,12 144:5,9 145:11 148:2,19 155:8 165:9,10,19 168:15 178:25 181:12 204:12 began 161:19 166:1 begin 194:13 beginning 148:5 behalf 186:21 big 138:15 191:3 birth 198:15 bit 154:17 bits 167:5 black 151:7 blatantly 203:13 bleeding 166:10 169:16 blood 151:5 152:25 blows 151:3 Bojan 139:4 booking 193:3,4 194:2 198:10, 13,14 199:17, 25 201:8,11 bottom 143:18 152:3 153:19 173:7 199:9 brace 169:12 Bradshaw 132:6 133:3,4,8 134:23 137:2 138:24 142:22 143:14,19 144:1,9,14 145:11 147:11 151:11,13 154:5 157:20 162:9 177:12 188:25 break 177:6,7 181:8 184:3,7, 8 201:13 briefly 147:16 154:20 bring 166:13 206:17 U.S. LEGAL SUPPORT (561) 835-0220 broke 159:20 161:9 184:9 brought 136:2 144:7 152:5 162:15 166:5 169:24 173:15 186:3 bruises 183:22 C CAD 196:6 198:2,7 call 174:11 190:4 197:12 198:6 called 148:16 153:1,4,5 169:18 199:5,6 calls 173:14 calm 185:15 camera 170:10, 16 car 170:2,5 171:5,6 care 150:18 carrying 149:23 case 137:23 catalogs 166:23 catch 134:2 181:3 caught 180:6 caused 153:13 161:23 181:17 causing 181:16 Caution 196:16 cell 152:15 184:11 center 152:3 171:3,4 174:6, 7 cetera 150:15 chain 194:1 195:20 changed 193:22 charge 155:17 156:22,23 157:2,4,14 166:1 167:16 181:14 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 148 of 159 PageID 3997 November 09, 2015 ·3 charged 154:22 156:16 181:25 182:2,4,5 183:18 charges 155:12 156:11 182:9 185:23 196:20 charging 156:17 167:19 168:10, 21 182:7,15, 16,18 192:6, 17,18 194:25 195:14 chase 162:4 check 136:6 142:24 143:3, 10,16 157:17 174:3 194:9 checked 172:22 174:5,8 checks 195:6, 21,24 chief 178:22 child 146:7 147:13,14,15, 17,20,24,25 148:2 149:24 150:1 child's 137:5, 22 138:5,7 children 149:21 children's 137:14 chokehold 204:10,20,21 chronological 142:25 143:8 citizen 198:11 City 173:21 178:9 clarify 167:9 176:5 clear 139:20 162:20 171:23 183:14 191:7 clearer 168:17 client 141:23, 24,25 close 133:3 141:8,15 160:25 162:19 165:20 168:14 closed 135:11 150:15 172:12 closely 134:20 closer 135:9 144:6 collective 185:15 Collier 173:22 combative 175:23 command 194:1 195:20 commendation 185:5,11,19 186:8 comment 174:24 comments 174:14 commotion 162:23 communication 158:24 community 174:18 compare 191:17 compared 201:10 complaining 172:22 complaint 148:12 complete 175:4 179:23 180:6 200:8 completed 177:4 179:13,19 180:4,8 completes 175:7 computer 166:20 167:10 193:4 200:6 201:10 concern 139:6 142:8 concerns 188:8 concluded 208:10 conduct 154:23 155:13,17 156:11,16 181:14 confirm 194:13 197:7 198:10, 18,25 conflicting 194:8 195:8 confrontations 183:15 confused 137:7 confusing 137:8 consequences 189:19 190:13 contact 196:23 contacted 196:25 continually 151:19 continued 132:1 continuing 163:14 continuously 163:15 contradict 195:18 control 158:22 conversation 141:18 146:10 161:13 177:2 189:10 197:1, 25 207:23 cooperate 141:1 cooperating 203:14 cooperative 139:5 142:7 172:1 202:13, 24 203:1,14 204:15 cop 203:21 copy 178:8 correct 134:6, 25 135:19,24 139:10 143:1 144:11 151:2, 10 152:10 153:18 154:1, 3,7,11,16 155:25 162:2,7 182:6 187:1 188:14,23 189:2 195:2 200:9 201:12 205:12 corrected 194:19 195:1 U.S. LEGAL SUPPORT (561) 835-0220 correction 194:19 correctly 140:7 147:4 162:18 175:22 182:9 191:23 could've 182:24 country 174:15 194:14 196:16 couple 135:3,5 150:24 151:9 161:5 166:10 182:24 188:6 191:1 cover 188:6,7 198:13 covered 189:15 coworkers 189:24 create 170:21 171:9,11 crime 194:11 crimes 182:16 183:19 criminal 141:9, 16 161:3,6 cross 203:9 cursed 167:23 cursing 185:17 custody 133:5, 21 138:14 143:11 144:2, 21,25 145:2,4, 9 146:12 147:6,21 148:13 149:2,9 150:1 151:12, 14 152:1,6,25 154:6,9,10 155:5 157:21 158:3 159:1,5, 11,13,17 160:19 162:5 163:17 166:5 168:9 172:20 173:17 175:24 180:16,17 202:12,16 204:12,13 cut 172:9,16 174:3 176:8 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 149 of 159 PageID 3998 November 09, 2015 ·4 cycle 167:13 D D5 196:11 dangerous 139:16,25 dark 146:5,16 148:19 152:20 162:10 163:22 database 179:17 date 200:6 daughter 145:16,25 146:8 147:10 206:6 daughter's 145:22,24 day 151:7 153:12 161:5 174:12 183:23 186:3 days 161:5 182:24 198:18, 25 de-escalate 151:17 185:21 deal 137:15 140:25 dealing 136:15, 20,21 163:5 197:16 dealt 136:13 137:19 156:8 199:4 death 178:19 decent 190:7 decided 148:9 decision 184:3, 7 defendant's 161:4 defendants 169:24 department 167:17 172:19 175:16 176:6 177:13 178:9 179:15 186:4 188:9 193:2 195:17 deployed 163:20 165:25 166:2, 24 168:1 175:25 176:4 201:25 deposition 132:6 141:9,16 161:3,6 165:13 208:10,11 depressed 166:23 167:11 derogatory 174:14 detail 150:16 182:13 detained 135:16 142:10 detainees 174:7 detention 161:20 deterrent 140:13 differences 191:19 differently 195:18 dining 135:5 direct 177:12 direction 161:25 discipline 190:9 disciplined 187:2 188:21 discovered 147:23 discuss 132:6 142:4 discussions 141:12 186:17 disengaged 138:24 disorderly 154:22 155:13, 16 156:11,16 181:14 dispute 178:11 disruptive 202:21,24 distance 168:20 distraction 161:24 disturbance 181:17 dive 146:24 diversity 174:17 document 135:23 155:18 156:14, 15 176:19 177:24 178:2, 13 181:10,22 182:8 183:1 185:9 191:4 192:6,17,18 193:4,13,20,25 194:25 195:15, 19,20,24 198:5 documentation 140:15,19 documented 156:19 documents 191:22 196:3 DOJ 196:23 door 134:22 135:8,11,13 137:15 138:17 142:24 143:16, 20 144:6,10 145:12 154:15 156:3 162:19 165:11,21 181:8 184:3,5, 7 205:1,2 doorframe 146:15 147:5 162:17 163:9 165:8,21 168:15,16,20 doorway 136:21 145:20 156:9, 10 163:1 165:1 205:9,11 doubt 164:8 dove 145:15,17 146:25 downstairs 156:10 drag 145:7 203:2 U.S. LEGAL SUPPORT (561) 835-0220 drinking 207:25 dropped 157:14 185:24 E earlier 140:5 142:14 143:7 195:11 196:6 easily 190:5 edit 192:11,22 193:1,5 effect 161:10 efficiently 181:11 efforts 151:13 159:16 160:19 electronically 201:3,4,5 else's 185:4 emergency 169:10 EMS 172:24 173:6,8,13,22 174:1,3 203:4 207:2 EMTS 150:20 ended 165:18 endured 190:13 engaged 153:16 154:8,24 enter 187:11 189:5 entered 154:13 191:10 198:17 205:13 entering 155:22 187:2 189:20 190:13 198:9 entire 136:15, 20 140:8,23 142:16 185:14 entry 184:10 186:6 Erakovic 139:3 140:1 155:25 escalate 190:1, 2 escalated 141:1 148:9 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 150 of 159 PageID 3999 November 09, 2015 ·5 escape 162:5 escorted 158:16 established 164:9,12 188:22 evaluated 150:20 evening 196:9 199:19,21 eventually 165:3 evidence 170:18 171:10 184:24 185:1 exhibits 191:10 exit 142:23 143:15 exited 143:3,21 explain 168:7 explanation 168:11 extent 151:1 extradite 194:14 extrapolating 164:11 extremely 185:14 eye 153:8 172:11 eyes 147:18 151:7 F face 151:3 152:13,18,24 153:3 158:7 159:12,20,25 161:9 163:3,5, 10,18 164:19, 23 165:22 166:10 167:24 168:4 185:16, 22 189:24,25 201:24 203:21 facial 153:1,24 164:2 facility 170:1 184:25 193:22 fail 170:13 fair 132:22 159:7 fairly 138:15 fall 168:10 falling 162:3 203:11,12 fantastic 174:18 fear 162:3 feel 149:7,8 feels 190:3 feet 147:5 162:17 fell 165:5,9,12 166:3 168:8,23 202:3 felonies 182:2, 5,8,19 183:4 felt 139:24 142:13 155:14 181:15 203:24 female 134:24 137:3 207:20 field 187:18 fight 144:24 154:4 202:15 fighting 144:14 149:19,23 155:14 156:20 162:10 163:15 file 188:24 filed 195:16 fill 175:1,4 176:14,19,24 filled 175:9 find 132:15 finding 188:1 finish 171:20 200:18 finished 200:23 Finman 192:15 198:22 199:25 fist 150:15 flag 196:8 flail 144:19 flailing 154:6 158:21 160:18 flat 158:25 flee 161:24 floor 152:6 158:3,4,12,13, 16,19 159:2,3, 4,9 162:16 203:2 focus 138:25 focused 163:16 164:21 follow 138:7 foot 164:2 force 158:20 159:8 175:1,2, 4,6,7,9,10,24 176:4,15,24 177:3,13 178:9,15,20,23 179:2,8,9,16, 19,23 180:7, 13,16,20,21,22 188:6 forced 184:5,10 forearm 133:11 forehead 172:10,16 foreign 174:12 196:15,16 foreigners 174:15 form 133:15 140:17 141:7 148:3,21 153:10 155:1 157:1 158:14 159:21 160:10 161:11 164:14 166:17 168:12 170:23 171:19 173:18,20 175:7,8,13 176:9,17 179:1 180:14,24 182:11,20,21 183:11 186:1,9 187:5,13,25 188:17,18 189:7,21,22 190:15 193:10 194:3,17,21 195:3,9 196:21 198:19 199:1 200:22 203:7, U.S. LEGAL SUPPORT (561) 835-0220 18 204:3 forward 152:4,8 165:15 forwarded 178:21 fought 144:8, 13,16 145:3,10 foul 185:17 Fourth 188:15 189:1 FOX 142:1 148:22 155:2 164:15 166:17 168:13 180:24 182:10,21 183:12 186:19 187:6,15 188:18 189:8, 21 190:15 194:4,23 195:4,10 198:20 199:2 200:25 203:19 204:4 foyer 136:24 144:4 frame 161:16 frankly 163:12 185:3 frequently 194:1 fresh 182:23 188:7 front 136:6,21, 24 137:10,13, 15 142:23 143:12,16 144:4,6,9,10 145:11,12,19, 20 146:20 149:13 154:18 202:14 203:3 204:14 fugitive 196:15 full 133:6 164:1 178:8 G gain gash 158:22 172:16 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 151 of 159 PageID 4000 November 09, 2015 ·6 gathered 152:14 gave 166:11 gentleman 197:2 genuinely 193:19 203:24 give 166:8 176:20 good 147:4 150:16 199:3 grab 145:5 147:6 grabbed 159:3 great 149:5 174:16 ground 160:17 guess 188:12 guy 138:15 guys 158:17 168:10 H halfway 196:12 205:17 hallway 136:24 144:5 146:5,16 162:20,25 165:6,8,16,18, 24 166:3 168:8,11,19, 20,23 202:3 203:3 hand 133:11 201:11 handcuffed 201:23 202:1 handcuffs 145:6 151:20 163:25 203:12,21 hands 151:20 152:1 153:24 154:5 202:1 handwritten 191:20 192:4, 16 193:8,14 happened 136:7, 17 138:8,10 143:21 144:15 147:1 148:25 149:3 152:16, 19 154:17 159:14 160:17 163:4 164:17, 20 165:17 167:21 176:20, 21 178:24 180:23 182:25 185:3 happening 168:5 happy 191:25 harm 167:19 Harp 139:11 142:11 145:8 161:21 162:4 204:17 Harp's 161:20 head 152:11,13 160:8 173:11 203:12,17 204:2 hear 132:10 134:15 135:20 139:18,20 140:23 145:23 159:17 160:7, 13 161:9,16 206:12 heard 133:12 heat 139:23 Herman 169:7,9 176:22 177:3 199:12,14,20 200:1,8,12 201:21 hey 134:15 139:20,22 140:14 176:20 197:15 hindsight 139:15,24 148:24 182:12 hit 144:19 150:4,8,14,17 152:18 153:24 181:19 183:8 194:11 202:3 hitting 133:7, 9,13,18 149:19 150:12 151:12 152:13 160:8, 18 203:11 Hold 191:16 home 141:6 186:7 189:5,6, 16,20 190:14 199:20 202:14 205:13 honestly 148:10 175:17 hope 170:25 172:4 203:22 hospital 169:20 173:1,15 180:4,8 hours 192:5 house 148:19 186:16 188:13, 16 190:13 huge 158:17 hundred 148:24 husband 136:7 142:24 143:16, 21 161:19 I ID 200:13 idea 184:23 identified 134:24 137:3 139:3 147:12 ill 148:25 149:1 illegally 190:14 imagine 174:18 203:12,20 Immediately 196:23 important 195:7 impression 133:19 in-car 170:21 in-service 187:19 188:3,5 189:12 incapacitation 202:2 incident 140:9, 23 172:3 173:9 176:3 182:22 191:5,12,17 192:7,19,24 U.S. LEGAL SUPPORT (561) 835-0220 194:2,9,15 207:22 Incidents 180:20 incorrectly 140:22 independent 135:1 164:6 199:23 independently 164:18 individual 172:19 individual's 187:12 induce 167:19 inevitably 138:21 159:4 197:2 information 192:7 194:8 195:8 197:4,7, 14 198:9,15, 16,18 201:4 informed 147:25 initial 201:7 initially 205:1 injured 152:21 169:1,5,15 172:8,11 176:7,15 180:9 190:25 207:1 injuries 150:19 151:1 183:25 201:22 injury 153:4,8, 13 172:22 173:11 178:19 180:22 203:17 204:2 inquire 199:6 inside 134:9 136:23 139:9 142:12,20 147:12,13 149:24 154:24 155:4,9,16 156:2,7,21 162:5 168:15 170:15 181:12, 15 186:4 189:16 205:6 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 152 of 159 PageID 4001 November 09, 2015 ·7 207:21 instance 162:25 intention 142:15 148:7 149:1 intentions 190:1 interact 135:18 interacting 135:7 154:20 196:24 interaction 133:18 135:11 136:3 138:19 154:12 156:8 185:14 207:20 interchangeably 134:7 137:6 Interpol 194:10,12 196:5,8,23,25 197:2,7,8,15, 16,20,22 198:1 199:5 involving 180:20 issue 142:9,14 149:6 165:14 185:23 186:6 196:5 197:16 issued 167:17 Ivana 134:24 137:4 J jail 169:21,23, 25 170:14 171:3,4 174:6, 7 184:25 193:22 job 190:21 join 186:19 Joined 148:22 155:2 164:15 166:18 180:25 183:12 187:15 189:8 190:16 194:4,23 195:4 198:20 203:19 204:4 joining 200:25 joins 157:24 judge 195:19 jumped 146:12 147:9,19 153:20 K K146708 194:12 Kavaja 134:24 135:9,10,12, 18,24 136:3, 13,21 137:4, 19,25 138:3,6, 14,25 142:18 144:12 154:19, 20 155:5,24 156:5,12 157:4 181:21 kick 163:3,5,10 164:13,18 165:22 168:3 202:5,7 kicked 152:23 153:2 158:7 159:12 160:4 163:8,18 164:2,11,23 165:23 167:24 185:16 189:24, 25 201:24 kicking 151:12 185:22 203:21 kids 134:7 136:11,12,23 137:10 143:4, 12 144:5 145:13 149:13 165:22 kind 134:19 136:8 138:3,19 139:21 140:7, 13 143:2 152:2 154:18,21 158:24 160:14, 20 163:16 164:11 165:24 172:16 176:19 200:15 204:20 kitchen 135:5, 6,7 kitchen/dining 140:6 kneeled 151:25 knew 148:15 158:25 184:16 196:19 knowledge 162:1,6 200:3 L lack 174:7 landed 166:4 landing 165:15 language 185:17 large 147:3 lead 164:5 leading 144:5 leads 156:17 leaned 151:24 leapt 152:3,8 learn 141:5,14 learned 186:24 188:12,16 189:4 learning 187:22 leave 148:1,8 led 146:6 ledge 153:25 161:25 162:3 left 172:10 legally 189:6 lept 146:12 level 159:8 light 146:5,18 147:18 162:20 lights 146:13 149:4 163:23 listen 132:11, 12,14,19 159:24 161:1 listened 160:22 listening 152:15 lit 146:15 literally 143:17 168:15 204:16 living 135:4,13 140:5 U.S. LEGAL SUPPORT (561) 835-0220 locking 138:17 154:15 log 173:16 185:1 long 166:21,22 167:11 175:5 192:1,10 looked 163:7 164:22 174:1 196:9 lose 190:21,23 lot 162:23 185:23 191:4 loud 132:16 lunch 132:7,13 M made 136:9 162:20 184:7 189:12 197:13 main 160:16 maintained 140:23 185:13 make 134:8 149:17 155:21 168:19 174:14, 24 191:24 195:7 199:24 making 192:15 male 139:3 171:25 marked 183:16 master 134:5,9, 10 137:9,17 143:3,10 155:7 204:12 matter 141:1 190:2 means 144:18 meant 187:22 measures 187:7 medal 185:5,10, 18 186:7 medical 150:18, 22 172:20,23 173:2,5,23 meeting 141:9 member 179:22 member's 179:25 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 153 of 159 PageID 4002 November 09, 2015 ·8 mentioned 137:2 140:5 143:7 199:15 mentions 199:12 met 186:12 Michael 157:19 200:13 middle 153:19 Mike 163:20 164:22 167:23 Milan 181:7 mind 135:22 182:22 198:2 203:9 minute 201:13 Miric 139:11 156:9 161:23 162:3,4 204:16 misdemeanor 187:12 mix 191:15 MK 196:15 modify 192:6 moment 139:23 177:6 moments 204:13 Monday 149:5 Monika 136:1, 15,20 137:22 157:25 169:8 204:23 monotone 139:21 morning 149:5, 22 170:11 190:7 move 166:4 181:6 moved 158:18 moving 165:14, 19 Mozolicova 133:5 134:21 135:8,10,17 136:5,10 138:5,7,20,22 142:13,22 143:15,20 144:1,8 145:10,15 147:12 148:13 149:2 151:11, 14 152:8,24 153:3,8,19,23 154:4,18 155:8 156:9 157:21, 22 158:8 159:15 162:10, 15 163:6,15 164:21 169:8, 15 172:25 174:4 175:2,10 176:1,25 178:25 Mozolicova's 161:19 189:1 murder 194:12 music 148:6,8 190:6 N Naples 171:3 172:18 173:22 174:17 177:13 178:4,9 narrative 191:18 195:14, 15 nature 146:1, 11,21,23 152:14 184:18 NCIC 194:9 necessarily 142:17 171:24 172:2 193:6 196:22 202:23 neck 169:11 needed 158:25 176:14 198:24 needing 191:6 negotiate 139:19,22 neighbors 190:7 neuromuscular 202:2 night 170:11,18 172:15 184:19, 21 185:6,11 207:18,25 noise 148:12 155:23 non-lethal 178:20 180:19, 21 noon 143:6 NORMAN 132:3,5, 18 133:22 141:4,17,22 142:3,6 148:14 149:10 153:15 155:11 157:6 159:6 160:1,6, 11 161:8,17 164:24 167:1 168:24 171:8 172:5 175:19 176:12 177:1, 10,11,21,23 179:6 180:18 181:5 182:14 183:3,21 186:5,11,23 187:8,9,21 188:11,20 189:18 190:11, 20 193:11 194:6,18,24 195:5 196:1 197:5 198:23 199:7,11 201:6,17,18 203:15,25 204:5 205:20 206:4,9,14,20, 25 207:4,8,15 notate 200:16 notation 191:20 192:4,16 note 200:22 notes 197:25 198:6 notice 142:15 noticed 162:22 163:1 166:9 174:2 number 178:20 194:12 196:25 O O'reilly 152:5, 23,25 153:2 157:19,24 158:7,9 159:11 162:9 163:3,7 U.S. LEGAL SUPPORT (561) 835-0220 164:1,13 165:19,22,23, 25 166:2,7,16 167:4,8,17 168:4,9 169:11 173:2 174:4 185:15,22 201:24,25 202:7 206:1, 11,15,18,22 207:5,10,12 O'reilly's 165:13 179:8 Object 133:15 141:7 148:3 153:10 155:1 157:1 158:14 159:21 161:11 164:14 166:17 170:23 171:19 176:9,17 180:24 186:9 187:5,13 188:17,18 190:15 194:17 objected 181:4 objection 140:17 142:2 148:21 160:10 168:12,13 175:13 179:1 180:14 182:10, 11,20 183:11 186:1,17 187:6,25 189:7,21,22 193:10 194:3, 21 195:3,9,10 196:21 198:19 199:1,2 200:22 203:7,18 204:3 observed 142:22 143:14 obtained 198:16 occupants 139:3 occur 144:3 146:14,15,18 occurred 135:12 153:16 190:9 occurrence 139:5 offense 182:4 195:16 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 154 of 159 PageID 4003 November 09, 2015 ·9 office 178:21 officer 133:2, 4,7 134:23 137:2 138:24 139:1,6,9 142:1,8,9,11, 17,22 143:14, 18 144:1,8,13 145:8,11 147:11 149:12 151:11,13 152:4,23,25 153:2,5 154:5, 13 157:19,20 158:7 159:11 161:20 162:4,9 163:7,13 164:1 165:13,19,22, 23,25 166:2,5, 7,14 167:8,17 168:9 169:7, 11,23,24 171:5,25 173:1 174:4 175:3 176:20 177:3 178:17 179:8 185:15,22 188:25 195:13 199:9,13,19 200:4,7,12,13 201:3,20,24,25 202:7 204:17 206:1,18,22 207:1,5,10,12 officer's 159:16 officers 139:7 142:9 149:20, 23 155:15 156:20 166:10 167:16,19 173:17 185:13 186:13 187:10, 17 195:12 on-scene 172:25 online 193:13 open 150:15 184:6 opened 143:20 205:2 opinion 138:6 opportunity 132:12 opposite 161:24 170:15 order 142:25 143:8 154:17 158:11 159:8 184:4 197:6 overcome 151:15 158:11 159:8 overcoming 151:19 P p.m. 132:2 143:6 177:8,9 201:15,16 208:10 paperwork 175:8 paragraph 134:4 137:10 167:4 173:8 178:15 part 149:15 156:11 181:16 185:25 186:7 206:16 parties 137:20 173:3 208:12 party 181:16 partying 149:22 people 135:3,6 136:18 140:3 142:10,12,20 144:24 156:1, 2,7 169:25 181:25 182:2,7 183:5,8 percent 140:14 period 139:14 204:18 persistent 151:16 person 156:15 172:1,2 178:19 182:4 person's 156:15 194:11 personal 162:1, 6 personnel 188:24 persons 183:18 pertained 178:24 pertaining 179:8 187:11 petite 158:17 phone 152:16 184:11,17,19, 21,24 185:2,3 photo 172:8 photographs 183:17 photos 183:20 physical 180:20,21 181:13,23 183:15 physically 133:4 144:21 145:1 147:8 150:9 151:13, 18 154:9 175:23 190:25 202:15 pick 203:2 picked 158:12 picture 134:20 169:8,9 172:6, 10,14 201:19 pictures 169:6 183:9,13,22,25 piece 170:13 174:12 pieces 167:6 194:8 place 143:9 147:7 156:21 159:1 181:18 195:22 198:14 200:15 201:7 204:16 205:3, 8,10 placing 136:4 play 144:12 160:2 171:1 205:15 played 156:21 157:18 161:6 playing 132:17 160:3 161:7 205:19 206:3, 8,13,19,23 U.S. LEGAL SUPPORT (561) 835-0220 207:3,7,11,13 point 133:5,6 134:17,19 135:25 138:2, 23 141:2 142:21 143:19 144:11,18 145:9,21 146:2,9,11,14, 19,20 147:9, 19,23 148:4,9 151:12,25 152:1,2,22 153:7 154:14, 25 155:6,21 156:5,18 159:13,25 160:5,22 162:14,19 163:12,19 164:22 166:4, 11,12 167:16, 23 168:9 169:3,4 176:23 181:11,20 186:13,15,24 188:4,12,13 193:21,23 199:20,21,22 200:11 203:1 pointed 189:15 police 149:19, 23 155:15 156:20 163:13 167:8 172:18 175:15 176:6 177:13 178:9 179:14 182:9 186:4 187:17 192:23 195:17 199:25 policies 176:11 policy 172:18 175:20,21 176:6 177:13 178:9,23 Popovic 139:4 140:1 155:25 posed 142:7,21 position 149:21 195:22 possibly 142:13 145:8 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 155 of 159 PageID 4004 November 09, 2015 ·10 post 189:14 posted 139:6 practice 171:15 preference 195:13 premises 187:3 presence 202:9 present 149:21, 24 presented 185:20 pretty 167:23 197:11 203:1, 10 prevent 133:20, 25 154:6 173:23 preventing 138:6 154:19 previous 161:12 previously 186:22 191:21 printed 143:6 199:18 prior 155:21 161:13 174:8 187:24 188:1 198:9 199:19 207:21 prisoner 171:16 privilege 141:17,20 186:21 probes 166:13 procedures 179:17 proceedings 132:1 process 179:15 185:25 186:8 produced 161:4 professionalism 140:24 185:13 program 187:18 property 186:25 provided 177:17 proximity 141:15 public 196:2 pull 144:19 192:24 pulled 147:7 150:9 159:2 pulling 133:7, 18 154:5 punch 150:3,5 punched 150:7, 10,14 punching 149:19 150:11 punishment 190:8 pursue 148:1 pursuing 148:18 pursuit 188:7 pushed 134:23 137:3 150:9 181:21 pushes 138:1 put 143:7 145:6 149:20 151:20 153:23 158:2 160:16 167:6 179:17 182:13 184:24 185:18 191:8,9 193:24 197:14,17,19 201:3 204:9,20 Q question 141:14 161:13 167:8 171:20 181:4 190:9,12 192:3 199:3 200:19, 24 204:1 questions 132:20 149:5 182:24 208:7 quickly 136:17 138:8 149:3 150:21 152:16, 19 159:14 160:18 163:4 164:17,20 165:25 203:10 R railing 161:25 ran 144:9 145:11 158:6 164:1 197:11 read 137:2 143:14 150:9 178:16 191:23 208:8 reading 208:11 reads 176:10 ready 201:14 realize 152:21 164:10 168:25 realized 147:20 153:7 163:20 164:22 169:3 reappeared 138:24 reappears 138:3 rear 133:8,24 134:5,7,8,9,12 136:12 137:4, 8,10 142:23 143:15 reason 140:20 142:16 150:13 164:8 174:9 178:11 179:24 reasons 160:16 recall 133:11 134:18 135:3 136:20,22 140:3,4,6,9 144:4,17 145:2 147:4 150:17 152:16 155:19 156:6 157:11 158:15,18 162:14,18 163:4,6,7 164:6,18,21 166:19 170:24 175:18,21,22 176:6,10,13,16 177:2,5 178:12 181:22 184:10 185:1 188:2,4 189:9,13,17 190:8,18,19 197:10,12 198:6 201:9 202:25 204:7, 23,25 205:2,6 U.S. LEGAL SUPPORT (561) 835-0220 208:5,6 recalled 184:15 receive 150:18, 22 172:20 178:1 187:11 received 170:18 172:25 173:2 185:5 recently 170:3 recess 177:8 201:15 recollection 135:2 164:7 170:20 179:18 186:2 192:14 199:13,23 record 132:2,3 171:23 172:2 177:9,10 178:16 188:10 196:15 200:6 201:14,16,17 recorded 170:17 171:2 172:4 recording 171:3 184:14,16 records 167:10 193:1 201:5 recover 203:10 reengage 138:18 reengaged 144:1 reentered 143:19 refer 191:6 references 150:5 199:8 referred 134:6 refers 136:12 137:10 145:3 reflected 183:19 refocused 138:20 refusal 173:18, 20 refused 172:23 173:5,10 regard 186:21 204:6 registered 160:15,21 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 156 of 159 PageID 4005 November 09, 2015 ·11 regulations 179:16 reiterating 143:2 reiteration 143:22 release 167:12 released 172:24 173:9 remedial 187:7 remember 146:2, 3 147:16 164:3,16 165:20 179:18 196:16 197:22 204:8 205:7 remove 202:15 rephrase 192:3 193:12 replay 159:23 206:12 report 132:25 137:1 138:12 150:4,12 157:12 164:8 167:9 171:10 173:4 175:1,4, 9 176:4,15 177:3 178:15, 16,21,24 179:3,8,23,25 180:7,22 181:10 182:4,9 183:1 191:5, 11,12,13,17 192:7,11,13, 15,19,23,24 193:4,8 194:2, 9,15 195:16 196:6,17 199:14,22,25 200:12 201:2 202:18 reported 180:22 reports 195:8 197:18 198:3 200:10 represent 165:16 169:8 179:7,11 202:18 representative 197:20 198:1 representative's 197:22 represented 167:2 requesting 194:14 residence 144:6 187:12,23 resist 144:21 161:19 resisting 147:8 151:13,15,19 158:5,8,11 159:8,16 160:19 175:17 205:4 resolve 148:12 resolved 190:5 respect 176:25 responsibility 179:24 180:5 responsible 179:22 result 178:18 resulting 180:21 results 178:18 retreat 133:8, 23,24 134:11 retreated 154:14 retreating 134:1 retreats 137:22 retrospect 150:15 revealed 194:10 review 135:22 167:7 175:7 192:22 198:2 199:16 reviewed 193:21 196:10 197:19 199:22 200:9 reviewing 181:2 196:16 199:8, 12,14 200:12 201:2 reviews 135:23 185:9 191:22 195:19,20,21 198:5 Reynolds 133:15 140:17 141:7, 11,18,19 142:5 148:3,21 153:10 155:1 157:1 158:14 159:21 160:10 161:11 164:14 166:18 168:12 170:23 171:19, 22 175:13 176:9,17 177:22 179:1 180:14,25 182:11,20 183:11 186:1, 9,17,20 187:5, 13,25 188:17 189:7,22 190:16 193:10 194:3,17,21 195:3,9 196:21 198:19 199:1, 10 200:18,21 203:7,18 204:3 208:8 rights 189:1 Roll 207:2 room 135:4,5,13 136:23 137:11, 14 138:5,7 140:5 142:23 143:15,21 145:13,15,17, 20,22,24 146:4,7,8,17, 20 147:13,15, 24 150:2 152:17 154:13 155:6,7 158:9 161:15 162:8, 10,13,22 163:21,22 165:14,15,22 168:10 169:10 176:22 rules 179:16 run 204:15 U.S. LEGAL SUPPORT (561) 835-0220 running 145:12 162:5,22,23,24 167:15 168:3 S safeguards 195:7 safety 139:1,6 142:8,9,17 scene 139:7 142:9 150:21 154:13 157:20 166:11 169:2, 19 170:1 172:23,24,25 173:2,6,8,9 174:19 201:20 Scott 200:13 scratch 183:10 scratched 183:16 scratches 150:24 151:9 191:1 screaming 159:15,18 161:14 section 196:17 201:5 sense 136:9 199:24 sentence 133:6 139:2 143:9, 18,23 191:23, 24 sequence 138:9 Serbia 194:11 sergeant 175:6 176:22,23 192:14 198:21 199:14,16,24 200:1 sex 170:15 sheet 198:10, 13,14 199:25 201:8,11 sheets 146:3 199:17 shift 199:19 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 157 of 159 PageID 4006 November 09, 2015 ·12 shit 174:12 shoes 164:2 short 204:18 shortly 152:4 161:3 shoved 181:21 show 167:3 169:6 170:4 171:4 201:19 Showcase 192:23 193:24 showed 151:7 showing 169:11 shown 136:1 shows 173:16 202:18 shut 134:22 156:3 205:1 shutting 154:15 side 151:25 165:9 191:9 199:25 side-by-side 191:17 sign 201:3 signature 200:7 signed 173:18 signing 208:11 simplistic 190:4 simply 148:5,7 190:6 simultaneous 133:17 simultaneously 138:11 single 182:4 sir 132:8 137:13 143:25 145:14 148:17 151:4,6,8 157:9,13,23 158:1,10 161:22 162:11 163:24 165:2,4 168:6 169:17 171:12,14 172:17 174:23, 25 177:5,20 178:7 180:16 182:1,17 183:7 184:5,20,22 185:9 186:10 187:4 190:22, 24 192:8 193:5 194:16,22 196:4 198:5 200:14 201:12 205:14,22 207:19 sit 157:7 situation 139:17 149:18 151:18 185:12, 21 190:3 sleeping 145:16 146:1 147:11, 15 148:20 small 137:18 147:3 172:9 smash 184:21 socks 164:3,4 somebody's 172:21 175:16, 23 176:7 188:16 someone's 189:6 speak 174:19 187:16 205:24 Speaking 176:2 speaks 206:1 specific 175:21 187:19 188:4 190:8 199:13 specifically 133:11 134:18 136:19 144:17 145:2 146:8 152:17 154:24 155:19 156:14 157:11 170:24 173:10 177:5 181:23 184:15 188:2 189:9,13 190:18,19 speculate 203:22 speculating 136:7 speed 164:1 spot 200:3,7 Srpsko 139:4 Stacy 169:24 stamp 200:6 stand 194:7 standing 135:4, 6 136:19 139:4 140:1,4,7 165:11 187:6 start 132:15 167:15 205:17 started 133:7 135:9 142:18 143:5 154:4 starting 166:11 starts 167:13 191:17 state 141:10, 12,20 142:1,2 157:17 186:18 193:23 195:20 state's 186:12 stated 145:16 147:10 186:22 statement 143:2,13,14 175:5 197:3,4 stats 200:17 Stay 206:21 step 205:3,8 Stepanovich 134:17,19 135:12,15,25 136:2,4 139:11 142:18 143:4, 11 144:7 152:23 155:5 156:8 158:6 161:19,23 162:4,8,12,15, 21 163:3,17,25 164:4,25 165:1,14,18 166:1,13 167:15 168:2, 3,8,25 169:21 170:22 172:6, 15,22 173:5,9 176:2 179:9 185:22 188:25 194:10 198:11 201:20,21 204:21 U.S. LEGAL SUPPORT (561) 835-0220 Stepanovich's 143:20 steps 168:18 170:21 171:7 198:10 stomach 153:24 Stoneburner 207:17 208:2 stop 144:20 205:4 straight 138:21 strike 157:10 202:10 strikeouts 193:14 striking 133:20 156:23 183:5,6 strongly 190:4 struck 152:11, 12 168:22 struggle 163:14 struggled 204:12 struggles 183:18 struggling 147:21 152:7, 22 153:9 154:2 205:5 subject 134:24 137:3 138:23, 25 142:22 143:15 154:12 167:18 171:25 194:10 subjects 139:5, 7,8 140:25 142:7,8 submit 179:25 submitted 178:17 192:12, 15 201:5 subsequent 187:22 subsequently 153:24 157:14 substantiate 155:12 156:25 substantiated 185:24 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 158 of 159 PageID 4007 November 09, 2015 ·13 sufficient 192:17 superficial 150:23 supervising 200:4 supervisor 139:14 175:6 176:21,23 179:14,18,21, 25 189:11 195:13 197:9, 10,11 supervisors 176:18 192:20 194:1 197:19 supplemental 192:12,13,15 200:10,12 suppose 180:8 surface 158:25 surroundings 138:25 sustained 153:8 184:1 sustains 176:7 system 192:24 193:24 T takes 178:17 taking 133:20 144:20 149:2 155:4 157:20 167:5 204:10 talked 142:13 196:5 talking 142:2 tape 160:23 161:1 tase 146:22 166:16 tased 165:3,5 167:4,18 168:1 201:25 202:4, 13,17,19,22 203:6,9,10,20 taser 146:19 163:20 165:25 166:2,8,12,22 167:10,17 168:1,23 175:25 176:1,3 201:25 202:2, 18 203:11 Tasers 166:20 technology 170:13 telling 148:2 156:3 189:3 193:9 196:7 204:23,25 205:2 tells 148:19 ten 198:18,24 tenure 179:14 term 150:3 174:8 terms 192:19 testify 202:8 theoretically 192:25 thing 148:11 180:2 things 138:10 143:8 148:25 155:17 171:1 174:17 195:17 thinking 198:6 204:7,8 thought 148:18 168:4 177:22 threat 142:17, 21 threatened 139:24 146:19 149:7 three-and-a-half 132:24 138:13 threshold 203:3 threw 158:12 time 132:4 134:20 136:15, 18,20 137:1 139:18,23 140:8,20,22 142:16 147:23 148:11 149:6 153:23 155:8, 22 156:2 160:13,14,22, 25 161:15 166:12 168:21 171:16,18,24 181:11 185:16 186:13,15 196:10,24 197:16 199:20 200:6 201:24 203:9,23 204:9,11,18 205:1,15 times 150:8,17 today 157:7 toddler 147:3 told 161:21 185:10 186:15 205:10 top 143:18,24 153:20,25 172:9,10 topic 187:19 188:3 189:12 topics 188:6 totality 176:21 touch 133:12 town 174:22 trained 149:11, 12,16 training 178:1 187:11,18 188:3,5,9 189:4,12,14 trainings 187:20 transpired 155:18 167:6 transport 170:2,6,14,22 172:2,4 173:10 transported 169:19,21,25 173:1,12 174:9 180:3,7 transporting 171:15 treated 169:19 173:15 203:3 treatment 150:22 172:20, 24,25 173:2,5, 24 trigger 166:22 167:11,12 U.S. LEGAL SUPPORT (561) 835-0220 true 174:20 turn 132:16 146:13,18 148:6,7 149:4 170:10,16 171:16 turned 139:16 153:20 154:4 163:22 166:22 167:11 turning 190:6 twin 147:3 two-year-old 147:10 type 150:22 185:17 189:14 190:2 typed 198:7 typically 158:19 170:13 172:1 173:16 174:6,7 175:3, 16 195:11,12 U U.S. 198:11 unable 179:23 uncommon 199:16 uncooperative 166:15 203:24 204:8 understand 137:7 180:1 191:22 understanding 173:13 180:1 185:18,20 understood 134:13 unit 135:9,17 136:6,19 137:21 139:2 142:11,12,14, 20 143:19 145:8 146:17 149:24 155:4, 10,16,22 156:3,7,21 161:18 162:6 166:6,14 181:13,15 Kyle Bradshaw Vol II Case 2:14-cv-00270-PAM-MRM Document 154-1 Filed 05/18/16 Page 159 of 159 PageID 4008 November 09, 2015 ·14 205:6 207:21 unlawful 186:6 unlawfully 140:21 187:2, 23 189:4,20 utilized 167:17 Uzunovcic 181:7 Uzunovic 134:22 135:11 137:19 138:2,4,15,21, 23 142:19 144:12 154:12, 14,19,21 155:7,24 156:5,12 157:5 181:13 184:4 Uzunovic's 152:15 V vaguely 202:25 vehicle 170:15 verbalizing 151:17 verbally 151:18 verbatim 159:23 167:22 verbiage 167:25 verify 132:9 147:14 version 193:8 video 132:11,17 134:18 135:20, 21 136:2,14,16 140:18 145:23 159:17 160:3 161:4,6,7 170:2,6,21 171:11 205:15, 19 206:3,8,13, 19,23 207:3,7, 11,13 view 193:5 195:24 viewed 193:25 violated 188:25 violation 155:23 188:15 violent 142:18, 19 visible 183:17 volatile 139:17 149:19 172:3 185:21 190:2 volatility 156:20 185:12 Volume 132:1 W wait 139:13 149:4 198:24 waived 208:12 walk 202:25 204:13 walked 143:10 Walker 169:25 Walker's 171:6 wall 135:6 147:2 wanted 132:9,19 134:8 148:6 173:12,16 194:11 wanting 141:13 warned 167:18 Warning 196:14 warrant 194:11, 12,14 warranted 155:16 175:25 watched 136:14 watching 139:5 weapon 180:21 weapons 178:20 180:19 whatnot 163:8, 14,20 165:12 203:23 white 139:3 whomever 207:20 wife 143:20 207:20 window 153:25 160:9 windowsill 152:18 153:12 woman 148:18 wondering 179:3 word 144:15 working 143:5 170:10 173:13 197:6,9 would've 173:18 wrap 201:14 Writing 164:5 written 143:5 164:7 198:21 199:17 wrote 134:14 138:13 168:7, 17 170:18 Y year 148:19 year-old 145:16 years 132:24 138:13 yelling 159:15, 18 yes' 187:7 U.S. LEGAL SUPPORT (561) 835-0220