1 2 UNITED STATES DISTRICT COURT IN THE CENTRAL DISTRICT OF CALIFORNIA 3 4 NANCY SCHROCK, individually and ) as the personal representative for ) 5 THOMAS H. SCHROCK, deceased, ) MATTHEW SCHROCK and SARAH PALMER, ) 6 ) Plaintiffs, ) 7 ) CASE NO. vs ) EDCV 13-901 VAP 8 ) (DTBx) CITY OF ONTARIO, ONTARIO ) 9 POLICE DEPARTMENT, CHIEF ) OF POLICE ERIC HOPLEY and ) 10 DOES 1 to 10, ) ) 11 Defendants. ) ____________________________________) 12 13 14 15 DEPOSITION OF 16 SANTIAGO MOTA 17 18 PASADENA, CALIFORNIA OCTOBER 23, 2013 19 20 21 RON FERNICOLA & ASSOCIATES 22 CERTIFIED SHORTHAND REPORTERS REPORTED BY: -- 3 -- Valencla' California 91354 24_ 25 FILE NO. 13673 2 RON FERNICOLA ASSOCIATES 1 UNITED STATES DISTRICT COURT 2 FOR THE CENTRAL DISTRICT OF CALIFORNIA 3 4 NANCY SCHROCK, individually and as the personal representative for 5 THOMAS H. SCHROCK, deceased, MATTHEW SCHROCK and SARAH PALMER, 6 Plain ffs, 7 CASE NO vs 137901 VAP (DTBX) CITY OF ONTARIO, ONTARIO 9 POLICE DEPARTMENT, CHIEF OF POLICE ERIC HOPLEY and 10 DOES 1 to 101 1 1 Defendants. 12 13 14 Deposition of SANTIAGO MOTA, taken 15 on behalf Oflhe Plaintiffs, at- 15 --, Pasadena 17 California, commencing at 10:25 alml, 18 on Wednesday, October 231 2013, before 19 -- pursuant 20 to NoIice 21 22 23 24 25 2 RON FERNICOLA ASSOCIATES APPEARANCES: FOR THE PLAINTIFFS: THE LAW OFFICES OF JOHN BURTON BY: JOHN BURTON, i. Pasadena California 91 103 MARDIROSSIAN ASSOCIATES, INC, A PROFESSIONAL LAW CORPORATION BY: ROWENA JI DIZONI ESQ. (Nm Presem) Los AngelesI California 90048- FOR THE DEFENDANTS: COTA COLE LLP BY: DANIEL SI ESQI Onlano, California 91761 THE VIDEOGRAPHER: 22 23 24 25 3 RON FERNICOLA ASSOCIATES 1 would like to think he had it out, sticking out, to 2 protect us if something were to occur. 3 Q. At the high ready? 4 A. Yes, sir. 5 Q. Well, so you're there in the front yard, and 6 you hear yelling in the backyard? 7 A. Oh, yes, sir. 8 Q. Did you hear sounds that sounded like 9 violence, like a human being hitting another human 10 being, or screams of pain or anything that sounded like 11 ongoing acts of violence? 12 A. I -- I remember screaming, and I remember 13 things banging around. I don't remember what type of 14 banging, but it was loud. So I don't know if things 15 were being thrown, broken. I just remember the -- the 16 loud banging along with the loud yelling. 17 Q. Well, in the backyard, did you hear 18 anything -- I mean, did -- could you tell it was coming 19 from the backyard, as opposed to in the house? 20 A. No, I -- I couldn't tell, sir. I remember 21 hearing it as we walked up to the door. Once the door 22 was open, I heard it louder, so I -- you know, I 23 don't -- I don't know where it was coming from. 24 Q. And then did you hear like actual words being 25 said? I mean, was there anything that you can remember, 106 RON FERNICOLA & ASSOCIATES 1 any words? 2 A. I just remember "demons" and "God", sir. 3 Those words stick in my mind that were being screamed. 4 Q. Now, I'm -- I'm trying to understand. When 5 you got your taser out and -- and Corporate Lopez got 6 his firearm out, and you went in, I mean, what -- did 7 you have a mind-set as to what you were dealing with? 8 A. No, sir, I didn't. 9 Q. I mean, did anybody tell you or indicate 10 that -- that this was a man who had psychiatric issues 11 and needed to be 5150ed? 12 A. No, sir, I -- I wasn't told that at all. 13 Q. You're sure about that? 14 A. I'm sure I wasn't told. 15 Q. Is there anything on the call history, which 16 is Exhibit 2, that -- that would indicate what the 17 nature of the call was? 18 A. In the very first initial portion, it says, 19 "MENTAL THREAT" written by dispatcher, I'm sure placed 20 in the call. And then again, it states, "PREVIOUS 21 TAKEN" for 5150. And those are the two initial pieces 22 of information in the call. 23 Q. Okay. Well, let's -- let's see at the 24 beginning, it says, "CREATE", "22:21:29". 25 Is it your understanding this would indicate 107 RON FERNICOLA & ASSOCIATES 1 right after the 9 -- the 911 call came in? 2 A. Yes, sir. They're -- they're usually 3 simultaneously. You got a call taker who's telling the 4 person next to her, and she's typing it in, or they're 5 typing it in as they hear it on their phone. 6 Q. Okay. And then "Type: 5150"; right? 7 A. Correct. 8 Q. And so what does "5150" indicate to you? 9 A. Mental -- mental -- it's the hold -- it's the 10 Department of Health hold for the state, deciding that 11 somebody fits the criteria of being mentally disabled. 12 Q. So if somebody is -- that's a reference to 13 Welfare and Institutions Code Section 5150; correct? 14 A. Correct. 15 Q. And so if somebody is a danger to himself or 16 to others because of mental illness, then a police 17 officer has justification to take that person into 18 custody, kind of like an arrest for a crime, but it's 19 not a crime, and then take that person instead of to 20 jail, to a mental facility for evaluation and treatment; 21 is that correct? 22 23 A. That's correct. 24 Q. And then they can hold them for a certain 25 period of time, I think we know it's 72 hours -- 108 RON FERNICOLA & ASSOCIATES 1 A. Yes, sir. 2 Q. -- right? And then court proceedings and so 3 on kick in. Okay. 4 So you're not being told -- well -- and then 5 it says, "Type Description: MENTAL THREAT". 6 Do you know, is that just like a button that 7 the dispatcher would press, like a code, or is that 8 something that she would type out, he or -9 A. No, sir. They're -- well, they're -- they're 10 sitting there with headphones listening to the call, and 11 they're typing the information in. The unfortunate part 12 of this information being in the call, though, doesn't 13 mean that we hear it or see it. You're talking about a 14 computer system that takes that information from the 15 Dispatch Center and goes to a police car, and then it's 16 updated every time they put it in. Even if this call 17 came out, you don't have a lot of time to read it 18 sometimes, and all you do is listen to the dispatch. 19 So by the time I'm arriving, I don't -- I 20 don't hear "5150". I didn't read it, of course, because 21 I don't remember it. And then I don't remember being 22 told about it, meaning that -- just that I didn't hear 23 that over the radio. 24 Q. Okay. Then it says -- so one is "CREATE", I 25 understand what that means. Then it says "22:20:50 109 RON FERNICOLA & ASSOCIATES 1 ENTRY. Comment:" Reporting party advises male at 2 location 5150, previously taken 5150, subject is 3 "415" -4 That's a reference to disturbing the peace; 5 right? 6 A. Yes, sir. 7 Q. -- "WITH FAMILY", and then "TOM SCHORK", which 8 should be "TOM SCHROCK". 9 Is this something that you would have received 10 in your car? 11 A. I would have received it in the car, 12 not meaning that I would have read it. But I definitely 13 would have received a portion of it over the radio, or 14 you would have received all of it over the radio that 15 night before we're -- or while we're en route. 16 Q. So if -- if -- if I'm reading this right, 17 where -- the thing that "CREATE" is -- this is what the 18 dispatcher was entering into her -- I'm assuming it's a 19 her, but -- into his or her system from the 911 call, 20 and then the 22:20:50 entry, that is what the dispatcher 21 is telling you, the officers who are being dispatched? 22 A. Yes and no. It could -- it could be happening 23 that smooth. A lot of times it does not. So I don't 24 remember on this incident whether it came out that 25 quickly or not. 110 RON FERNICOLA & ASSOCIATES 1 Q. And then is there an on-board computer in your 2 police car? 3 A. Yes, sir. 4 Q. And so if they hit this "22:20:50 ENTRY", this 5 actual little blurb here would appear like a text 6 message on your computer? 7 A. The computer screen clicks, and you have to 8 hit "Update", or it will update on its own delayed a 9 couple seconds. So it'll come up on the computer, 10 call -- this looks identical to the MDC computer screen 11 you're looking at in the police car, only a lot smaller 12 in the police car. 13 Q. Okay. So didn't you read what dispatch was 14 telling you this call was about before you got out of 15 your car? 16 A. No. 17 Q. I mean, isn't that sort of basic officer 18 safety to have some idea what you're dealing with? 19 A. Those are two different statements. Is it a 20 basic officer safety before -- so I know what I'm 21 dealing with? Yes. But I'm hearing that on the radio. 22 If it's really vital to my safety, the dispatchers are 23 going to say it repeatedly. Reading a computer screen 24 on the police car, you're pretty much putting in a map, 25 hitting a map button, so that you know where this 111 RON FERNICOLA & ASSOCIATES 1 residence is completely, so as you arrive you don't 2 arrive right in front. So I don't -- I don't read my 3 calls that often. 4 Q. Okay. But you listen carefully to what the 5 dispatcher is telling you is going on at the call; 6 correct? 7 A. I didn't say "carefully". I just listen. 8 Q. Well, you listen, because you want to know 9 what's going on when you get there; correct? 10 A. Correct. 11 Q. Now, sometimes there -- when you go to these 12 domestic violence calls, for example, there are weapons, 13 and sometimes there are not weapons; right? 14 A. Correct. 15 Q. That makes a big difference to you? 16 A. Yes, sir. 17 Q. And so in this case at 22:23:15, there's a 18 comment, negative weapons; right? 19 A. Correct. 20 Q. And what does that mean? 21 A. That means that the dispatcher's asked the 22 family if he owns any guns. 23 Q. And has been told no -- 24 A. Correct. 25 Q. -- correct? 112 RON FERNICOLA & ASSOCIATES 1 Okay. And so do you recall having that piece 2 of information when you got there? 3 A. I don't recall, sir. 4 Q. I mean, isn't that like really important -- 5 A. Yes, sir, it is. 6 Q. -- how you're going to approach something? 7 A. Correct. 8 Q. And you don't recall whether you knew that or 9 not? 10 A. I recall that I don't remember them saying 11 "negative weapons". If they would have said there were 12 weapons, I would definitely recall that. It's -- it's 13 kind of a standard, sir. The -- the -- the dispatch 14 center sends the same information out in the beginning 15 of a call every time. "HBD", had been drinking, under 16 the influence of drugs, not under the influence of 17 drugs, negative weapons owned by the subjects. So when 18 they say those things, it's kind of a -- an unfortunate 19 part, but I don't hear that anymore. I go to my call, I 20 have to make sure I know where the location is, so I'm 21 hitting the map button, and that map button is getting 22 me there so I'm accurately there and I'm there very 23 quickly. And then if I hear somebody say there's a gun 24 involved or weapons involved, including a gun, then 25 that's going to stick in my brain, and I'm going to 113 RON FERNICOLA & ASSOCIATES 1 prepare accordingly. So when it's negative weapons, 2 it's kind of like a standard. They -- they say that 3 with -- along with the -- the 5150. If they said there 4 was 5150, then I -- I'm just hearing portions of that. 5 Because you're driving quickly to the call, it's dark, 6 it's nighttime, I'm not reading this CAD system, which 7 is the computer, because it's not easy to read and 8 drive. I'm older, so I can't see half the letters on 9 there, anyway, unless I stop the car. Hopefully, that 10 helped. 11 Q. So can you tell when you arrived, according to 12 this sheet? 13 A. I thought I -- 14 Q. I'm looking at 22:25:53. 15 A. Okay. Yes, sir, that's dispatched. So that's 16 dispatching -- dispatching persons, so that would be 17 dispatching me there. And then if you follow it down, 18 it looks like 22:28 I'm on scene. 19 Q. Now, why is there an asterisk, do you know? 20 A. They just put that on as -- en route or on 21 scene. It kind of stands out for them. It helps them