Deposition of Eddie Johnson - March 2, 2016 Page 1 STATE OF ILLINOIS COUNTY OF C O O K ) ) SS. ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION PATRICIA GREEN, as Independent Administrator of the Estate of CHRISTIAN GREEN, deceased, Plaintiff, vs. CITY OF CHICAGO, an Illinois municipal corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2013 L 014041 The deposition of EDDIE T. JOHNSON, taken in the above-entitled case, before Loretta K. Adams, a Notary Public and Certified Shorthand Reporter within and for the County of Cook and State of Illinois, at 330 South Wells Street, Suite 300, Chicago, Illinois, on the 2nd day of March, A.D., 2016, at 2:00 o'clock p.m. Reported for VICTORIA LEGAL + CORPORATE SERVICES, by Loretta K. Adams, CSR, RPR Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 2 1 2 A P P E A R A N C E S PRESENT: 3 MR. VICTOR P. HENDERSON 4 7 HENDERSON PARK LLC 330 South Wells Street Suite 300 Chicago, Illinois 60606 (312) 262-2903 vphenderson@hendersonadam.com 8 appeared on behalf of the Plaintiff; 5 6 9 10 MS. DANA PESHA Assistant Corporation Counsel 11 15 CITY OF CHICAGO DEPARTMENT OF LAW Federal Civil Rights Litigation Division 30 North LaSalle Street Suite 900 Chicago, Illinois 60602 (312) 744-3982 dana.pesha@cityofchicago.org 16 appeared on behalf of the Defendant. 12 13 14 17 18 * * * * * 19 20 21 22 23 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 3 1 I N D E X 2 Deputy Chief Eddie T. Johnson 3 4 5 6 7 EXAMINATION BY 8 Mr. Henderson 9 Ms. Pesha 76:3 Mr. Henderson (Further) 76:19 10 PAGE:LINE 4:1 11 12 13 14 15 16 EXHIBITS 17 Deposition Exhibit 18 No. 1 47:19 19 No. 2 48:18 20 No. 3 49:3 21 No. 4 52:1 22 No. 5 57:21 23 No. 6 62:2 24 No. 7 67:20 PAGE:LINE Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 4 1 (Witness sworn.) 2 EDDIE T. JOHNSON, 3 called as a witness herein, having been first 4 duly sworn, was examined and testified as 5 follows: 6 7 8 9 EXAMINATION BY MR. HENDERSON: Q. First let me, you've had your deposition taken before, correct? 10 A. Yes. 11 Q. Lots of times? 12 A. Yeah, I'd say probably about a dozen. 13 Q. Okay, so I'll just go over the basic rules. 14 We're going to have a conversation this afternoon 15 where I'm going to ask you a series of questions. 16 You have to allow me to get my question out and 17 I'll allow you to get your answer out, and we'll 18 extend the same courtesy to your attorney, 19 because the court reporter can only take down one 20 of us as a time. 21 instruction? Do you understand that 22 A. Yes. 23 Q. And secondarily, as you just did, all of 24 your answers have to be with words, yes, no, I Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 5 1 don't know, so you can't shake your head or use 2 gestures or things that we might normally do in 3 communication because the court reporter can't 4 take that down. 5 instruction? Do you understand that 6 A. Yes. 7 Q. If at any time you want to take a break for 8 any reason just let me know, with one exception, 9 if I've asked you a question, I'd like an answer 10 to that question before we go on the break. 11 you understand that instruction? Do 12 A. Yes. 13 Q. And if I ask you a question and you don't 14 understand it for any reason, just let me know 15 and I'll rephrase the question. 16 understand that instruction? Do you 17 A. Yes. 18 Q. How many times if at all did you meet with 19 Counsel to prepare for your deposition? 20 A. Just once. 21 Q. And when was that? 22 A. About two or three weeks ago. 23 Q. And where did you meet? 24 A. At my office. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 6 1 Q. And where is that? 2 A. 3510 South Michigan, Fifth Floor, Police 3 Headquarters. 4 Q. How long did you meet? 5 A. Maybe about an hour and a half. 6 Q. And who was in that meeting? 7 A. Just the attorney and myself. 8 Q. The attorney who is sitting here now? 9 A. Yes. 10 Q. During that meeting did you look at 11 documents? 12 A. Yes. 13 Q. What documents did you look at? 14 A. Specifically reports regarding the 15 16 17 incident, so probably the original case report. Q. Do you recall who the author was of the original case report? 18 A. No. 19 Q. Besides the original case report, what else 20 did you look at, if anything? 21 A. TRR. 22 Q. And the TRR authored by whom? 23 A. One of the officers that was involved in 24 the incident. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 7 1 Q. Do you remember which one? 2 A. No. 3 Q. How many TRRs did you look at? 4 A. If I recall, one. 5 Q. Do you believe that was the TRR of the 6 shooter? 7 A. Yes. 8 Q. What else did you look at? 9 A. Detective Division supplementary report, 10 just briefly. 11 Q. Do you know who authored that report? 12 A. No. 13 Q. Do you recall the name of the shooter as 14 you sit here now? 15 A. No. 16 Q. If I say Gonzalez, does that ring a bell to 17 you? 18 A. Yes. 19 Q. And the detective report, was that a report 20 21 22 filled out by Stanek, S-t-a-n-e-k? A. That sounds familiar, but I couldn't be one hundred percent positive. 23 Q. What else did you look at? 24 A. That's about it. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 8 1 Q. Did you look at any video? 2 A. No. 3 Q. Did you listen to any audio? 4 A. No. 5 Q. Did you look at any reports that you 6 7 8 authored? A. I didn't author any reports regarding that incident. 9 Q. Did you approve any reports? 10 A. Yes. 11 Q. Did you look at reports that you approved? 12 A. Yes. 13 Q. How many? 14 A. Just one. 15 Q. And what report was that? 16 A. TRR. 17 Q. Did you look at any battery reports? 18 A. No. 19 Q. Did you look at any IPRA reports? 20 A. No. 21 Q. Have you ever been a detective before? 22 A. I worked in the Detective Division as a 23 24 sergeant, but not a detective. Q. When did you work in the Detective Division Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 9 1 as a sergeant? 2 A. From 2001 to 2007. 3 Q. So you oversaw the actions and activities 4 of the detectives? 5 A. Correct. 6 Q. Where were you located when you were in the 7 8 9 Detective Division? A. Area 4 Detective Division, 3151 West Harrison. 10 Q. Anyplace else? 11 A. No. 12 Q. Officer, when did you join CPS? 13 A. 2 May 1988. 14 Q. Have you been continuously employed with 15 CPD since that date? 16 A. Yes. 17 Q. How many different positions have you held? 18 A. Patrol specialist, sergeant, lieutenant, 19 commander, deputy chief and now chief. 20 Q. And who do you report to? 21 A. Currently? 22 Q. Yes. 23 A. Interim Superintendent Escalante. 24 Q. When you were a sergeant was that when you Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 10 1 were in the Detective Division? 2 A. Yes. 3 Q. How many different areas were you on 4 patrol? 5 MS. PESHA: 6 THE WITNESS: Objection to form. Area 4 at that time 7 encompassed the 10th District, 11th District, I 8 believe the 13th District, 14th and 15th, I 9 believe. 10 11 12 BY MR. HENDERSON: Q. So those are the districts where you were on patrol? 13 MS. PESHA: I'll just object to the form. 14 Do you mean as a sergeant in the Detective 15 Division or as a patrol officer? 16 BY MR. HENDERSON: 17 Q. Patrol officer. 18 A. Patrol officer, no. 19 I was a patrolman in the 4th District and the 6th District. 20 Q. And you were a sergeant in Area 4? 21 A. Yes, but before I went there I was a 22 sergeant in the 5th District. 23 Q. That's on 111th? 24 A. Yes. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 11 1 Q. When you were a sergeant in the 2 5th District was that while you were in the 3 Detective Division or plain clothes? 4 A. No, I was a district sergeant. So at that 5 time I began as a sector sergeant, so that's in 6 uniform, and then after about a year the 7 commander gave me a gang team. 8 team, so that was me and about eight officers. I had a gang 9 Q. 10 correct? 11 A. Yes. 12 Q. So the bulk of your time in the Detective 13 And you were in plain clothes then, Division as a sergeant you were in plain clothes? 14 A. Yes. 15 Q. Were you a lieutenant in one place or more 16 than one place? 17 A. Just one place, the 15th District. 18 Q. Where did you do your time as a commander? 19 A. 6th District, 7808 South Halsted, Gresham. 20 Q. How long were you a commander? 21 A. Almost four years. 22 Q. Generally speaking, what are the duties of 23 24 a commander? A. You oversee the activities of the District. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 12 1 2 Q. When did you start and when did you end your role as a deputy chief? 3 A. 4 of 2011. 5 Q. Until when? 6 A. When I was promoted to chief December 1, 7 2015. 8 Q. 9 10 11 I was promoted to deputy chief in August And generally speaking what were your duties as deputy chief? A. I was the direct supervisor of the commanders of about nine districts. 12 Q. What are your duties of a chief? 13 A. I oversee the activities of the entire 14 Patrol Bureau, so that encompasses 22 districts. 15 Q. What are the job duties of a detective? 16 A. To investigate incidents. 17 Q. And be a little more specific and tell us 18 when detectives are investigating an incident, 19 what are they supposed to do? 20 MS. PESHA: 21 BY MR. HENDERSON: Objection, form. 22 Q. You can answer. 23 A. Okay, so the patrolmen are the preliminary 24 investigators, that's typically who gets assigned Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 13 1 to a particular job first, the detectives come 2 after that and conduct follow-up investigation. 3 Q. When you were the sergeant or supervisor of 4 the detectives, what expectations did you have of 5 the detectives who were below you in terms of how 6 they execute their duties? 7 A. My expectation was that they would do a 8 complete and thorough investigation and try to 9 bring it to some resolution, whether or not that 10 involved the lodging of charges against an 11 alleged offender or just keeping the victim 12 abreast of how the investigation was going. 13 14 Q. Are there detectives under your command today? 15 A. No. 16 Q. On 20 July 2013 did you have any detectives 17 under your command? 18 A. No. 19 Q. As best you know from being in the 20 Department was the job of a detective in 2013 to 21 also be complete and thorough as it relates to 22 conducting investigations? 23 A. Yes. 24 Q. Do you have any information as it relates Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 14 1 to this particular case as to whether or not the 2 detectives did a complete and thorough 3 investigation? 4 MS. PESHA: 5 BY MR. HENDERSON: Objection, form. 6 Q. You can answer. 7 A. No. 8 Q. No, you don't know or no, you have no 9 information? 10 A. I have no information. 11 Q. In this particular case did you learn at 12 some point in time that the young man who was 13 shot was allegedly shot in the chest? 14 A. No. 15 Q. You're saying you didn't learn that or you 16 don't know? 17 A. I didn't learn that, no. 18 Q. Did you learn that he was shot in the back? 19 A. No. 20 Q. You did a walk-through with the officers, 21 correct? 22 A. Correct. 23 Q. So you spent time with the four officers 24 who were on the scene at the time of the Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 15 1 shooting, correct? 2 A. Correct. 3 Q. And the walk-through involved you spending 4 time with them, correct? 5 A. Yes. 6 Q. And the walk-through involved you speaking 7 with them, correct? 8 A. Correct. 9 Q. And you spoke with them about what happened 10 as it related to the shooting on the 4th of July 11 of 2013, correct? 12 A. Correct. 13 Q. And at that time period you expected the 14 officers to be honest, correct? 15 A. Yes. 16 Q. And you expected them to be candid? 17 A. Yes. 18 Q. And you expected them to be 19 straightforward? 20 A. Yes. 21 Q. And you expected them to tell you the 22 important details of the shooting, correct? 23 MS. PESHA: 24 THE WITNESS: Objection, form. Correct. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 16 1 2 BY MR. HENDERSON: Q. You expected them to be complete and 3 thorough as it related to what they told you 4 about the incident, correct? 5 A. I expected them to answer me as best they 6 could because I know that being involved in a 7 shooting is a stressful situation. 8 9 Q. So as best they could at that moment based on what happened, right? 10 A. Correct. 11 Q. And that includes being honest and candid 12 and straightforward, right? 13 MS. PESHA: 14 THE WITNESS: 15 16 Objection, asked and answered. Correct. BY MR. HENDERSON: Q. What were your duties on or around July 4, 17 2013, that resulted in you being at the scene of 18 the shooting? 19 20 A. I was the on-call incident commander that particular day. 21 Q. And where were you housed that day? 22 A. When you're the on-call incident commander 23 you're not really housed anywhere you just kind 24 of tour the city, and then if there is an Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 17 1 incident that involves the street deputy 2 responding, then you would just respond. 3 4 Q. So that meant that you were on-call for the entire city? 5 A. Correct. 6 Q. From the north to the south to the east to 7 the west? 8 A. Correct. 9 Q. Were you the highest ranking on-call 10 incident commander on duty at the time you got 11 the call? 12 A. Yes. 13 Q. Who did you report to at that time? 14 A. That day I would have reported to First 15 Deputy Wysinger and -- 16 Q. Spell the last name for me. 17 A. W-y-s-i-n-g-e-r, and then I would have 18 19 20 reported to then-Superintendent Garry McCarthy. Q. So there were just two people above you at that time? 21 MS. PESHA: 22 THE WITNESS: Objection, form. As the street deputy. I was 23 still the deputy chief of the Bureau of Patrol so 24 I could have talked to the chief of patrol also, Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 18 1 but involving police-involved shootings I would 2 have probably spoke to one of those two guys, 3 because actually when you're the street deputy 4 you're working for the first deputy and the 5 superintendent. 6 BY MR. HENDERSON: 7 Q. And the first deputy is Wysinger? 8 A. Yes. 9 Q. And the superintendent is Garry McCarthy? 10 A. Yes. 11 Q. Did you speak to Garry McCarthy about this 12 13 14 15 16 shooting? A. I probably did. I don't recall specifically, but I probably did. Q. Did you speak to the first deputy about the shooting? 17 A. Yes, I'm sure I spoke to him. 18 Q. And when you communicated with the first 19 deputy, was that by telephone, by e-mail, in 20 person, how do you communicate with the first 21 deputy? 22 A. By telephone. 23 Q. From your cell phone? 24 A. Yes, my Department-issued cell phone. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 19 1 Q. And where did you call the first deputy? 2 A. Where did I call him? 3 Q. Yes. 4 A. I was at the scene of the shooting. 5 Q. Okay, so you called him at what number? 6 A. Whatever his Department-issued number was. 7 Q. And how long did you speak to him? 8 A. Not long, maybe about five minutes at most. 9 Q. How many times did you speak to him about 10 this incident? 11 A. Probably just once. 12 Q. And you spoke to him from the scene? 13 A. Yes. 14 Q. And to the extent you can recall, where did 15 you call McCarthy? 16 A. On his Department-issued Blackberry. 17 Q. And did you also speak to him from the 18 scene? 19 A. Yes. 20 Q. Do you recall how long you spoke to him? 21 A. Just a couple of minutes. 22 Q. Who did you speak to first? 23 A. It would have been the first deputy. 24 Q. What time did you get to the scene? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 20 1 A. I don't recall. 2 Q. What time did you leave the scene? 3 A. I don't recall. 4 Q. How long were you at the scene? 5 A. To the best of my recollection, maybe a 6 couple of hours. 7 MS. PESHA: 8 Hold on a second. 9 10 11 (Short pause.) BY MR. HENDERSON: Q. Were you the highest ranking officer at the scene? 12 A. Yes. 13 Q. Were there any other officers that you 14 considered to be high ranking at the scene? 15 MS. PESHA: 16 THE WITNESS: Objection, form. I believe the commander of 17 the Detective Division was out there that day. 18 BY MR. HENDERSON: 19 Q. Who was that? 20 A. Eugene Roy. 21 Q. Spell the last name. 22 A. R-o-y. 23 Q. Is he black or white? 24 A. White. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 21 1 2 3 Q. The commander of the Detective Division, is that a city-wide position? A. No, the Detective Division is broken up 4 into at that time three areas, so he would have 5 been the commander of Area Central. 6 7 Q. What other high-ranking officers were at the scene? 8 A. That's all I can recall. 9 Q. How much of two hours did you spend doing 10 11 12 the walk-through? A. The walk-through with the shooting officers? 13 Q. Yes. 14 A. Best of my recollection, that walk-through 15 went from the vacant lot to the school, so I 16 probably spent about at least 10 or 15 minutes 17 with each officer that I did the walk-through 18 with. 19 Q. 20 When you did the walk-through did you do it one at a time? 21 A. Yes. 22 Q. Is that Department protocol or was that 23 24 just how you did it that day? A. That's Department protocol. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 22 1 2 Q. Do you recall that there were four officers who were involved in the shooting? 3 A. I believe that's correct. 4 Q. So you spent 10 or 15 minutes with each 5 one? 6 A. Yes. 7 Q. Was your walk-through with each one pretty 8 much the same? 9 MS. PESHA: 10 11 THE WITNESS: Objection, form. The same? BY MR. HENDERSON: 12 Q. Where you started and where you ended? 13 A. Yes. 14 Q. And the questions that you asked? 15 A. Pretty much the same, yes. 16 Q. Okay, and so you asked questions of each 17 one, correct? 18 A. Correct. 19 Q. And you got answers from each one, correct? 20 A. Correct. 21 Q. And you asked questions of Gonzalez, the 22 shooter, correct? 23 A. Yes. 24 Q. And he gave you answers, correct? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 23 1 A. Correct. 2 Q. And you asked questions and received 3 answers from the other three officers as well, 4 correct? 5 A. Yes. 6 Q. Prior to the shooting did you know who 7 Gonzalez was? 8 A. No. 9 Q. So you had no interaction with him prior to 10 the shooting? 11 A. No. 12 Q. After the shooting did you do any 13 investigating about Gonzalez? 14 A. No. 15 Q. As you sit here now are you aware of the 16 fact that he's been involved in more than one 17 shooting? 18 A. No. 19 Q. You haven't heard that on the news or in 20 the newspapers? 21 A. With respect to Gonzalez? 22 Q. Yes. 23 A. No. 24 Q. As you sit here now are you aware of the Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 24 1 fact that his partner was involved in a shooting? 2 A. Hernandez? 3 Q. Yes. 4 A. Yes. 5 Q. What shooting do you know that he was 6 involved with? 7 A. Ronald Johnson. 8 Q. How did you learn that? 9 A. On the news. 10 Q. Did you learn any other way besides the 11 news? 12 A. No. 13 Q. Have you learned as you sit here now that 14 Gonzalez was allegedly affiliated with a group of 15 officers at the Ida B. Wells housing complex that 16 were involved in illegal activities? 17 A. No. 18 Q. You haven't heard that? 19 A. No. 20 Q. Are you familiar with an officer by the 21 name of Watts who was convicted in federal court 22 for illegal activities at Ida B. Wells? 23 MS. PESHA: Objection, relevance. 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 25 1 BY MR. HENDERSON: 2 Q. You can answer. 3 A. I've heard the name before. 4 Q. Do you know him? 5 A. No. 6 Q. Did you ever work out of Ida B. Wells? 7 A. No. 8 Q. When you were out at the scene you saw 9 people from IPRA, correct? 10 A. Yes. 11 Q. And you interacted with them? 12 A. Yes. 13 Q. Do you remember how many people from IPRA 14 were at the scene that you interacted with? 15 A. I don't recall. 16 Q. Three or four, does that sound about right? 17 A. Sounds about right. 18 Q. Prior to that day had you interacted with 19 20 21 22 23 24 those IPRA investigators before? A. I do recall having seen them before, a couple of them. Q. Which ones do you recall having seen before? A. I believe there was a tall white guy that I Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 26 1 had seen before. 2 Q. Do you remember his name? 3 A. No. 4 Q. Josh Hunt? 5 A. I don't know. 6 Q. Do you recall anybody else who was with the 7 I don't recall. IPRA team? 8 A. No. 9 Q. You spent time with the IPRA investigators, 10 correct? 11 A. Yes. 12 Q. How much time did you spend with them? 13 A. Maybe 15 minutes at the most. 14 Q. Did you spend the time with them as a group 15 or one on one? 16 A. As a group. 17 Q. Did you do a walk-through with them? 18 A. Yes. 19 Q. Were any of the officers with you when you 20 did the walk-through with IPRA? 21 A. No. 22 Q. Did it just happen that way or is that the 23 24 protocol? MS. PESHA: Objection, form. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 27 1 BY MR. HENDERSON: 2 Q. You can answer. 3 A. That's the protocol. 4 Q. And tell me what is the protocol, what was 5 your responsibility when you went out to the 6 scene? 7 A. To investigate whether or not the officer's 8 use of force was within, based on the information 9 that we are provided at that time, if the 10 officer's use of force was within Department 11 guidelines and procedures. 12 13 Q. Do you have any other objectives out at the scene? 14 A. No. 15 Q. So the information that you're primarily 16 relying on is information that you get from the 17 officers, correct? 18 MS. PESHA: 19 THE WITNESS: 20 21 Objection, form. Correct. BY MR. HENDERSON: Q. In order to draw a conclusion about whether 22 or not the use of force was within the Department 23 guidelines, tell me in this particular case 24 everything that you considered. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 28 1 2 A. Well, the officers' testimony to me along with the detectives' testimony. 3 Q. So you spoke to detectives as well? 4 A. Yes. 5 Q. Which detectives did you speak to? 6 A. I don't recall the names. 7 Q. Anything else that you considered besides 8 the statements of the officers and the statements 9 of the detectives? 10 11 A. I would look at the location to see if what the officers described to me, if it matched up. 12 Q. So you look at the scene? 13 A. Correct. 14 Q. Anything else? 15 A. If there were any witnesses at that point 16 that could help me make a determination, I would 17 speak to them. 18 Q. Did you speak to any witnesses? 19 A. No. 20 Q. Were there any around that you saw? 21 A. Not that I'm aware of, no. 22 Q. Anything else that you did, so you spoke to 23 detective, officers, you reviewed the scene, you 24 looked for witness, you didn't find anything, Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 29 1 2 3 anything else? A. If there was any video that I could view I would have looked at that. 4 Q. On the scene or at a later time? 5 A. At a later time. 6 Q. Anything else? 7 A. That's it. 8 Q. So you concluded that the use the force in 9 10 11 12 13 this particular case was justified, correct? A. Based on the information I had at that time, yes. Q. And that included the statements that you got from the officers, correct? 14 A. Correct. 15 Q. Was it important to you to know where the 16 shooting officer aimed in terms of the victim? 17 MS. PESHA: 18 THE WITNESS: 19 Objection, form. Yes. BY MR. HENDERSON: 20 Q. Why was that important to you? 21 A. Because that would help determine whether 22 23 24 the use of force was justified. Q. So it makes a difference where on the victim's body he's shot, correct? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 30 1 MS. PESHA: 2 BY MR. HENDERSON: Objection, form. 3 Q. You can answer. 4 A. Would you repeat that? 5 MR. HENDERSON: 6 (Whereupon the record was read 7 as requested.) 8 9 Read it back for him. THE WITNESS: Not necessarily. BY MR. HENDERSON: 10 Q. It might, it might not, correct? 11 A. Right. 12 Q. And that's a piece of information that if 13 it's available you want it, correct? 14 A. Yes. 15 Q. Because you want all of the information, 16 right? 17 A. As much as I can get, yes. 18 Q. You want all important information, right? 19 A. Yes. 20 Q. So in making a determination as to whether 21 or not the use of force is justified, it would 22 make a difference to you whether somebody was 23 shot in the chest or in the back, right? 24 A. It may or may not. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 31 1 2 Q. So that might or might not be an important piece of information, correct? 3 A. Yes. 4 Q. And as it relates to your determination as 5 to the use of force was justified in this 6 particular case, did you learn whether or not the 7 suspect was shot in the chest or in the back? 8 9 MS. PESHA: You're talking really fast, I didn't understand the 10 question. 11 BY MR. HENDERSON: 12 Objection, form. Q. So if you would read it back. Well, I'll slow down, just tell me, that's 13 no problem. 14 that you came to in this case, did it make a 15 difference to you to learn whether or not the 16 victim was shot in the chest or in the back? 17 A. In the context of the conclusion Based on preliminary information that I 18 received it matters, but that would not in and of 19 itself dictate to me whether or not the use of 20 force was justified. 21 22 23 24 Q. Okay, and tell me why it matters or it mattered? A. Well, as an example, you could have a person shot in the back that's running away from Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 32 1 a police officer, but that person could also have 2 a gun extended back toward that police officer, 3 so the fact that he's shot in the back doesn't 4 mean that the officer was wrong in using deadly 5 force. 6 7 Q. Do you understand the scenario that you just described to be what happened in this case? 8 A. I don't recall. 9 Q. Officer, tell me your star number. 10 A. 366. 11 Q. And I'm sorry, Commander. 12 A. Well, it's chief. 13 Q. Chief, I'm sorry. Prior to the shooting 14 had you had any interactions with any of the four 15 officers who were on the scene, and we can go one 16 by one, Leano? 17 A. Prior to the shooting? 18 Q. Yes. 19 A. No. 20 Q. Since then? 21 A. No. 22 Q. Nichols? 23 A. No. 24 Q. And let me break it down. Before the Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 33 1 shooting was he somebody who had reported to you 2 or you otherwise knew him before the shooting? 3 A. No. 4 Q. Since then? 5 A. No. 6 Q. Gonzalez, did you know him before the 7 shooting? 8 A. No. 9 Q. After the shooting? 10 A. No. 11 Q. And Hernandez, did you know him before the 12 13 shooting? A. Hernandez I believe worked for me when I 14 was the commander of the 6th District, but we 15 really didn't have any -- I don't recall any 16 personal interaction with him. 17 Q. And in what capacity did he work for you? 18 A. I was the district commander and he was a 19 20 21 22 23 24 patrolman in the district. Q. How long did your tenure with him overlap approximately? A. Maybe -MS. PESHA: Objection, prior-- I'm sorry, I didn't hear you, how long was your what with Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 34 1 Hernandez? 2 (Whereupon the record was read 3 as requested.) 4 MS. PESHA: 5 THE WITNESS: 6 maybe two years. 7 BY MR. HENDERSON: Tenure, okay. Maybe a couple of years, 8 Q. And who did he report directly to? 9 A. He would have reported to a watch 10 11 12 commander, a lieutenant or a captain. Q. And that watch commander or captain reported to you? 13 A. Yes. 14 Q. So when you got to the scene you recognized 15 him, correct? 16 A. No, I did not. 17 Q. So as you sit here now what helps you to 18 remember that he's somebody who used to report to 19 you? 20 A. Just the name. 21 Q. So you didn't get his name at the scene? 22 A. Yes, I did. 23 Q. But it didn't ring a bell? 24 A. Yeah, it did. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 35 1 Q. At the scene? 2 A. Yes. 3 Q. But at the scene it didn't ring a bell to 4 5 6 7 8 9 you that he was somebody who had reported to you? A. I didn't recognize him, I just recognized the name. Q. When you were at the scene did Gonzalez tell you that he shot the young man in the back? A. He told me he had fired shots at him, I 10 don't think he said specifically where on his 11 body he was shot. 12 Q. You didn't ask? 13 A. I'm sure I did, but it's -- a shooting 14 incident is very traumatic, so I don't recall 15 whether or not we specifically addressed where on 16 the person's body he was hit. 17 18 Q. But you're sure you asked him, he just didn't answer you? 19 MS. PESHA: 20 testimony. 21 BY MR. HENDERSON: Objection, mischaracterizes his 22 Q. You can go ahead and testify, Officer. 23 A. No, I don't recall specifically saying did 24 you shoot him in the back or did you shoot him in Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 36 1 2 3 4 5 6 the chest, I didn't specifically ask him that. Q. Well, in general terms what did you ask him? A. Just give me, walk me through exactly what happened that led up to the shooting. Q. At any time during your conversation with 7 him did he tell you that he shot the young man in 8 the back? 9 A. Not specifically. I believe the way he 10 described it was the offender had a gun and he 11 was running away from him, but he had the gun 12 turned back toward the officer like that 13 (indicating). 14 Q. And you remember that as you sit here now, 15 or is that something you remember from reading 16 one of the reports that you read to prepare for 17 your deposition? 18 A. I may have read it in one of the reports. 19 Q. As you sit here now do you have an 20 independent recollection of what Gonzalez told 21 you at the scene? 22 A. No. 23 Q. So what you just said, again just so we're 24 clear, is what you remember reading in the Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 37 1 report? 2 A. It would have had to have been, yes. 3 Q. So did Gonzalez tell you that the young man 4 had turned around and that he had shot the young 5 man in the chest? 6 A. I don't recall. 7 Q. Did you read any of the reports that said 8 that the young man was shot in the chest? 9 A. No. 10 Q. So when you prepared for your deposition 11 you read documents that said that the young man 12 may have turned around and pointed a gun, but you 13 don't recall reading anything that said the young 14 man was shot in the chest? 15 MS. PESHA: 16 BY MR. HENDERSON: Objection, form. 17 Q. You can answer. 18 A. No, I don't. 19 Q. Do you know as you sit here now that the 20 reports say that the young man was shot in the 21 chest? 22 A. No. 23 Q. Have you ever seen the medical examiner's 24 report? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 38 1 A. Regarding this case? 2 Q. Yes. 3 A. No. 4 Q. From your experience in training as a 5 detective, do you think it makes a difference 6 about whether somebody is shot in the chest or in 7 the back? 8 MS. PESHA: 9 THE WITNESS: 10 11 Objection, form. It may or may not. BY MR. HENDERSON: Q. So based on your training, if an initial 12 report indicated that the young man was shot in 13 the chest and then it subsequently turned out 14 that he was shot in the back, would you expect to 15 do some further investigation? 16 MS. PESHA: 17 hypothetical. 18 BY MR. HENDERSON: Objection, incomplete 19 Q. You can answer. 20 A. I just think that that's based on a 21 complete and thorough investigation. 22 beginning it might appear that he's shot in the 23 back or in the chest, but in fact the autopsy 24 might reveal something totally different. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com In the Deposition of Eddie Johnson - March 2, 2016 Page 39 1 Q. So you think part of a complete and 2 thorough investigation is once you get changed 3 information you should look into it? 4 MS. PESHA: 5 confusing. 6 BY MR. HENDERSON: Objection, form, vague, 7 Q. You can answer. 8 A. Would you repeat that? 9 MR. HENDERSON: 10 (Record read as requested.) 11 THE WITNESS: 12 investigate it. 13 BY MR. HENDERSON: 14 15 Read it back for him. Q. Yes, you should thoroughly Do you know whether or not the detectives were thorough and complete in this case? 16 A. No. 17 Q. In connection with being a detective, when 18 you arrest a suspect it's typical to look into 19 the suspect's criminal history, correct? 20 A. Yes. 21 MS. PESHA: 22 BY MR. HENDERSON: 23 24 Q. Objection, form. And that's just basic police work, right? MS. PESHA: Objection, form. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 40 1 2 3 THE WITNESS: Yes. BY MR. HENDERSON: Q. When an officer is involved in a shooting, 4 is it basic police practice to look into his 5 background to see whether or not he's been 6 involved in other shootings? 7 A. The police officer? 8 Q. Yes. 9 A. Yes, at some point, yes. 10 Q. So the detective should look into that too, 11 right? 12 13 MS. PESHA: testimony. 14 THE WITNESS: 15 into it. 16 BY MR. HENDERSON: 17 18 19 Objection, mischaracterizes the Q. Yes, I'm sure they would look That's something you think the detectives should look into? A. Yes, they should have knowledge of whether 20 or not the police officer has been involved in 21 previous shootings. 22 Q. And why is that important? 23 A. Well, just in the context of doing a 24 thorough investigation, you want to know if the Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 41 1 officer has been involved in other shootings. 2 Q. What relevance does that have? 3 A. Because that could, depending on the 4 circumstances surrounding that, that could or 5 could not raise a flag for misconduct. 6 7 Q. Of the four involved officers at the scene, do you remember who you spoke to first? 8 A. No, I don't. 9 Q. Do you remember who you spoke to second? 10 A. No. 11 Q. Do you remember who you spoke to third? 12 A. No. 13 Q. Do you remember who you spoke to last? 14 A. No. 15 Q. Do you recall whether it would have been 16 your practice at that time to take the shooting 17 officer first or last or in any particular order? 18 19 20 21 A. Normally I would usually in practice take the shooting officer first. Q. Do you know whether in this case you took the shooting officer first? 22 A. I don't recall. 23 Q. Do you take notes at the scene? 24 A. No. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 42 1 Q. Why not? 2 A. Everything that we do as a street deputy is 3 based on preliminary information, and that 4 information could change as the investigation 5 evolves, so we just as a practice don't take 6 notes of anything that we do at the scene of the 7 shooting. 8 9 Q. Do you have an assistant at the scene when you're doing a walk-through? 10 A. No. 11 Q. In this particular case did you have an 12 assistant when you did the walk-throughs? 13 A. No. 14 Q. When you did the walk-through with the 15 officer, was it just you and the first involved 16 officer? 17 A. Yes. When I conduct a walk-through I 18 always do them just myself and that particular 19 officer. 20 Q. 21 So the four walk-throughs that you did were just you and that involved officer, correct? 22 A. Correct. 23 Q. Did Hernandez tell you that the young man 24 had been shot in the chest? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 43 1 A. Not that I recall. 2 Q. Did Hernandez tell you that the young man 3 had been shot in the back? 4 A. Not that I recall. 5 Q. Did Nichols tell you that the young man had 6 been shot in the chest? 7 A. Not that I recall. 8 Q. Did he tell you that the young man had been 9 shot in the back? 10 A. Not that I recall. 11 Q. What about Leano, did he tell you that the 12 young man was shot in the chest? 13 A. Not that I recall. 14 Q. Did he tell you that the young man was shot 15 in the back? 16 A. Not that I recall. 17 Q. Did you see the paramedics on scene? 18 A. No. 19 Q. Was the body there when you got to the 20 scene? 21 A. No. 22 Q. And I apologize for the obviousness of this 23 question, but how do you know the body wasn't at 24 the scene when you got there? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 44 1 A. How do I know it wasn't there? 2 Q. Yes, sir. 3 A. I looked and I was told that the body had 4 5 6 already been removed. Q. Do you recall who told you that the body had been removed? 7 A. No. 8 Q. Do you recall whether or not you were told 9 10 that the young man was dead or alive when he left the scene? 11 A. I don't recall. 12 Q. Did you see anybody from the FOP at the 13 14 15 scene? A. I don't recall, but I'm sure there probably was, that's just protocol. 16 Q. Are you an FOP? 17 A. No. 18 Q. When did you get out of FOP? 19 A. When I was promoted to sergeant. 20 Q. Do you know Pat Camden? 21 A. Yes. 22 Q. Was he at the scene? 23 A. I don't recall. 24 Q. And if I asked this already I apologize, Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 45 1 you did not interview any witnesses or any 2 independent witnesses; is that correct? 3 A. That's correct. 4 Q. And you didn't see any paramedics; is that 5 correct? 6 A. Not that I recall. 7 Q. And in connection with the incident you 8 didn't speak to any paramedics; is that correct? 9 A. Correct. 10 Q. When you were at the scene you also spoke 11 with one or more of the detectives, correct? 12 A. Correct. 13 Q. Do you remember the names of the detectives 14 you spoke to? 15 A. No. 16 Q. Do you recall whether any of the detectives 17 told you that the young man was shot in the 18 chest? 19 A. No. 20 Q. So you're not saying that they didn't, you 21 just don't remember one way or the other? 22 A. Correct. 23 Q. Do you know whether or not there was a 24 Detective Potter at the scene? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 46 1 A. I don't recall. 2 Q. That name doesn't ring a bell to you? 3 A. No. 4 Q. Do you know Detective Potter? 5 A. No. 6 Q. What about Cerven, do you know a Detective 7 Cerven? C-e-r-v-e-n. 8 A. No. 9 Q. So you don't whether Cerven was at the 10 scene; is that right? 11 A. Correct. 12 Q. And you don't know whether Detective Stanek 13 was at the scene; is that right? 14 A. That's correct. 15 Q. Do you know whether or not there was 16 anybody there from the Medical Examiner's Office? 17 A. Not that I recall. 18 Q. Prior to the shooting did you know 19 Christian Green? 20 A. No. 21 Q. That's the name of the young man who was 22 shot and killed. 23 A. No. 24 Q. Are you under active consideration to be Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 47 1 one of the candidates to be superintendent; is 2 that right? 3 MS. PESHA: 4 BY MR. HENDERSON: Objection, form, relevance. 5 Q. You can answer. 6 A. No. 7 Q. Did you take your name out of the running 8 or was it taken out? 9 MS. PESHA: 10 BY MR. HENDERSON: Same objections. 11 Q. You can answer. 12 A. I was never in the running, I never applied 13 for superintendent. 14 (Whereupon a short break was 15 taken.) 16 MR. HENDERSON: We're back on the record. 17 Let's mark this as Field Deposition Exhibit 18 No. 1. 19 (Whereupon Johnson Deposition 20 Exhibit No. 1 was marked for 21 identification.) 22 23 24 BY MR. HENDERSON: Q. Deputy Chief, I'm handing you what has been marked as Johnson Exhibit No. 1, it's Bates Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 48 1 stamped FCRL 57 and 58. 2 look at this and we'll focus on the second page. 3 After you've had a chance to look at it, let me 4 know. 5 A. Okay. 6 Q. That's a document that you approved; is 7 I want you to take a that right? 8 A. Yes. 9 Q. And this is the battery report that's in 10 front of you; is that right? 11 A. Officer's battery report, correct. 12 Q. And you said you also approved some TRRs; 13 is that right? 14 A. Yes. 15 Q. Meaning tactical response report; is that 16 17 right? A. Correct. 18 (Whereupon Johnson Deposition 19 Exhibit No. 2 was marked for 20 identification.) 21 22 BY MR. HENDERSON: Q. Officer, looking at Johnson Exhibit No. 2, 23 and after you've had a chance to look at it, let 24 me know, is that another report that you Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 49 1 2 approved? A. Yes. 3 (Whereupon Johnson Deposition 4 Exhibit No. 3 was marked for 5 identification.) 6 7 BY MR. HENDERSON: Q. Handing you what's marked as Johnson 8 Exhibit No. 3, it's Bates stamped 61 and 62, take 9 a look at this and let me know if that's 10 something that you approved? 11 A. Yes. 12 Q. With respect to the battery report, looking 13 on Page 57, so that's Exhibit No. 1, under type 14 of activity on the left-hand side it says 15 unlawful possession of a handgun, do you see 16 that? 17 A. Yes. 18 Q. How would you have known at the time that 19 this report was approved that the possession of a 20 handgun was unlawful? 21 A. Because at the time of this I don't think 22 that in Chicago you could carry a -- there was no 23 concealed carry, so at the time of this no 24 citizen could lawfully carry a weapon out like Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 50 1 that. 2 Q. So on the 4th of July 2013 as far as you 3 know the conceal carry law did not exist, that's 4 why it was an unlawful possession of a handgun? 5 A. Correct. 6 Q. Any other reasons? 7 A. No. 8 Q. So your understanding of the law on July 4, 9 10 2013, is that a FOID card did not allow a person to have a handgun in their possession? 11 A. Not out on the street, yes. 12 Q. And as you understood the law, where did 13 14 15 16 17 the FOIA card allow someone to have a gun? A. It could be going to a firing range, you know, something of that nature. Q. So you take the gun from your home to a firing range? 18 A. Yes, unloaded. 19 Q. Do you know whether this young man was on 20 his way to a firing range at the time that this 21 report was completed? 22 A. Based on the testimony from the officer, 23 no, he was running away from the officers, so no, 24 I don't think he was on his way to a firing Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 51 1 2 3 range. Q. So at the time was it illegal to run away from an officer? 4 A. Just running away from an officer? 5 Q. Yes. 6 A. No. 7 Q. So one can legally run away from an 8 officer, right? 9 A. Yes. 10 Q. So besides the fact that he was running 11 away, is there anything else that made you 12 conclude that it was appropriate to approve a 13 charge of unlawful possession of a handgun? 14 A. Yes, based on the fact that the officers 15 related to me that he was running away from them 16 while he was in possession of a firearm, and he 17 also pointed a firearm in their direction. 18 19 20 Q. And which officer told you that he pointed a firearm in their direction? A. To the best of my recollection, all four 21 officers indicated that he pointed a firearm in 22 their direction. 23 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 52 1 (Whereupon Johnson Deposition 2 Exhibit No. 4 was marked for 3 identification.) 4 5 BY MR. HENDERSON: Q. Would you look at that document, and after 6 you've had a chance to look at it let me know. 7 It's a two-page document, FCRL 110 and 111. 8 A. Yes. 9 Q. That's your approval on the second page; is 10 that right? 11 A. Yes. 12 Q. And it says date completed, 4th of July, 13 19:04, and that means around 7:00 o'clock in the 14 evening; is that right? 15 A. Correct. 16 Q. Did you leave the scene and then you went 17 to Area Central; is that right? 18 A. Yes. 19 Q. Do you recall what time you went to Area 20 Central? 21 A. No. 22 Q. Do you recall what time you left Area 23 Central? 24 A. No. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 53 1 Q. Do you recall how long you were there? 2 A. I would have to guess probably about three 3 4 5 or four hours perhaps. Q. Did you speak with the involved officers also at Area Central? 6 A. Briefly. 7 Q. Because each of them gave you a tactical 8 response report, correct? 9 A. Correct. 10 Q. So you would have reviewed them before you 11 approved them, right? 12 A. Correct. 13 Q. And the TRRs were given to you at Area 14 Central, right? 15 A. Correct. 16 Q. Now in connection with receiving them, did 17 they hand them to you physically or did you 18 review them through a computer terminal or some 19 other way? 20 21 22 23 24 A. Yes, they'll give them to you physically, you review them on a computer. Q. So you interacted with each of them as it related to the TRR that they completed? MS. PESHA: Objection to form. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 54 1 You can go ahead. 2 3 THE WITNESS: Probably very briefly. BY MR. HENDERSON: 4 Q. Does that hold true for all four of them? 5 A. Yes. 6 Q. Now at any time prior to any of them 7 submitting the report to you, did they tell you 8 that the young man had been shot in the back? 9 A. Not that I recall. 10 Q. Do you recall learning at any time prior to 11 on or around the 4th of July around 7:00 o'clock 12 in the evening that the young man had been shot 13 in the chest? 14 A. I don't recall. 15 Q. So you're not saying that you didn't get 16 information about where he was shot, you just 17 don't remember one way or the other; is that 18 right? 19 A. Correct. 20 Q. And on the second page, Page 111, do you 21 see that? 22 A. Yes. 23 Q. Up at the top left where it says subject 24 suffered fatal gunshot wound, is that information Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 55 1 that you put on the form or the person who 2 completed the form put that in there? 3 A. I would have put that in there. 4 Q. Did you complete everything on Page 111, 5 all the information that's there? 6 A. The second page, yes. 7 Q. Under Box 77, I have concluded that the 8 member's actions were in compliance with 9 Department procedures and directives, you checked 10 that box? 11 A. Which box? 12 Q. Box 77. 13 A. Yes. 14 Q. And where it says log number/cr number 15 obtained, did you put that number in there? 16 A. Yes. 17 Q. When it says log number slash cr number, 18 cr number stands for what? 19 A. Complaint register number. 20 Q. So that number was generated in connection 21 with completing the report? 22 A. Correct. 23 Q. In connection with your work as a 24 detective, you focus on not just that the subject Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 56 1 was shot, but also the angle at which the body -- 2 or the angle that the bullet hit the body, right? 3 MS. PESHA: Objection, form. I don't think 4 he ever said he was a detective, but you can 5 answer. 6 BY MR. HENDERSON: 7 8 9 Q. Well, in terms of being a sergeant over detectives. A. That would all be done after the conclusion 10 of the medical examiner, but it would be 11 something that you would want to know, yes. 12 Q. And why? 13 A. Because that could determine whether or not 14 the information you received from the involved 15 officers was -- if it matched up to what the 16 medical examiner stated. 17 Q. So your expectation as a sergeant of 18 detectives would be that the detectives would get 19 the medical examiner's report and review it, 20 correct? 21 A. Correct. 22 Q. And if warranted speak with the medical 23 24 examiner about his report, correct? A. Correct. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 57 1 Q. And then use that information to help 2 determine whether or not a shooting was 3 justified, correct? 4 A. Correct. 5 Q. And you went to the Police Academy, right? 6 A. Yes. 7 Q. And at the Police Academy you were taught 8 how to shoot at suspects, correct? 9 A. Yes. 10 Q. And you shoot at targets, correct? 11 A. Yes. 12 Q. And they teach you to shoot at central 13 mass; is that right? 14 A. Yes. 15 Q. And central mass is defined as what? 16 A. The torso area. 17 Q. And for laypeople who don't know the torso 18 19 20 area, the torso starts from where and ends where? A. Chest, so from the bottom of the neck down to the waist. 21 (Whereupon Johnson Deposition 22 Exhibit No. 5 was marked for 23 identification.) 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 58 1 2 BY MR. HENDERSON: Q. You've been handed Johnson Exhibit 5, which 3 is Bates stamped 114 and 115, take a look at 4 that, and after you've had a chance to look at 5 it, let me know. 6 A. Yes. 7 Q. Have you had a chance to look at it? 8 A. Yes. 9 Q. On the second page, Page 115, No. 76, it 10 says in shorthand: 11 compliance with Department policy in that he did 12 not discharge his weapon at the offender after 13 the offender pointed a firearm at Leano. 14 see that? Officer Leano acted in Do you 15 A. Yes. 16 Q. As a general rule is it your expectation 17 that an officer would fire at an offender if an 18 offender points a firearm at him? 19 A. Not necessarily. 20 Q. So in this particular case you approved 21 this report correct? 22 A. Correct. 23 Q. Did you speak with Leano about why he 24 didn't fire? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 59 1 A. I'm sure I did. 2 Q. And what did he say? 3 A. I don't recall. 4 Q. So in this particular instance you had a 5 young man pointing a gun at Gonzalez and Gonzalez 6 shot, right? 7 A. Correct. 8 Q. And the young man, at least based on this 9 10 report, pointed a firearm at Leano and Leano didn't shoot, correct? 11 A. Correct. 12 Q. Did that seem inconsistent to you? 13 A. No. 14 Q. Why not? 15 A. Because different officers might be 16 positioned differently, and it could be a 17 situation where your partner is in between you 18 and the person with the weapon, and in that 19 regard you would not shoot. 20 Q. Well, why don't you tell me in this 21 particular case did you make a determination that 22 their actions were not inconsistent, meaning that 23 what Leano did was not inconsistent with what 24 Gonzalez did? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 60 1 A. Correct. 2 Q. Did you document it? 3 A. Anywhere other than this TRR? 4 Q. Yes, sir. 5 A. No. 6 Q. Did you document it in the TRR? 7 A. No. 8 Q. Do you know whether or not you even 9 10 11 12 13 considered the fact that what Gonzalez did was inconsistent with what Leano did? A. Yes, I would have considered that at the scene, yes. Q. As you sit here now do you recall 14 considering it or are you saying that just would 15 have been your practice? 16 A. That would have been my practice. 17 Q. As you sit here now do you recall 18 considering it? 19 A. No. 20 Q. And the only place that you would have 21 documented the explanation for that inconsistency 22 would have been in the TRR; is that right? 23 A. Correct. 24 Q. As you sit now do you recall why you didn't Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 61 1 document your review as it relates to the 2 inconsistency? 3 A. No. 4 Q. Did you question the truthfulness of Leano 5 when he indicated that somebody pointed a gun at 6 him and he didn't fire? 7 A. As standard procedure I always tell the 8 officer what you're telling me, I want your 9 honest assessment of the facts as you saw them, 10 so I didn't question whether or not he was 11 telling me the truth, no, I did not. 12 Q. And as you sit here now, should you have? 13 MS. PESHA: 14 THE WITNESS: 15 16 17 Objection, form. No. BY MR. HENDERSON: Q. Do you recall the distance between Leano and Christian Green? 18 MS. PESHA: 19 THE WITNESS: 20 21 Objection, form. No. BY MR. HENDERSON: Q. Do you know whether or not Leano was the 22 officer who was closest in proximity to Christian 23 Green? 24 MS. PESHA: Objection, form. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 62 1 THE WITNESS: No. 2 (Whereupon Johnson Deposition 3 Exhibit No. 6 was marked for 4 identification.) 5 6 BY MR. HENDERSON: Q. Handing you what's been marked as Exhibit 7 No. 6, take a look at that, and after you've had 8 a chance to look at that, let me know. 9 A. Okay. 10 Q. Have you had a chance to look at Exhibit 6? 11 A. Yes. 12 Q. So in Box 76 you drew the same conclusion 13 with Hernandez that you did with Leano, it says 14 that Hernandez did not discharge his weapon at 15 the offender after the offender pointed a firearm 16 at Hernandez. Do you see that? 17 A. Yes. 18 Q. Did you document anywhere what appears to 19 be an inconsistency between what Hernandez did 20 and what Gonzalez did? 21 A. No. 22 Q. To the extent you would have documented it, 23 24 it would have been on this TRR? A. Yes. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 63 1 Q. At the time did it seem odd to you that the 2 young man pointed a firearm at Hernandez and at 3 Leano and that neither one of them shot? 4 MS. PESHA: 5 THE WITNESS: 6 7 Objection, form. No. BY MR. HENDERSON: Q. And based on this document your 8 understanding is that the young man pointed a 9 firearm at Hernandez, at Gonzalez and at Leano, 10 right? 11 A. Yes. 12 Q. But only one of your officers fired, right? 13 A. Correct. 14 Q. And the other two withheld their fire, 15 correct? 16 A. Correct. 17 Q. So did it occur to you that maybe if two of 18 the officers withheld their fire that Gonzalez 19 should have done the same as well? 20 MS. PESHA: 21 THE WITNESS: 22 23 24 Objection, form, argumentative. No. BY MR. HENDERSON: Q. In connection with your investigation did you take into account the fact that two officers Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 64 1 did not fire and that one did? 2 A. Yes, I'm sure I considered it. 3 Q. And did you document that consideration 4 anyplace? 5 A. No. 6 Q. As you sit here now do you think that's an 7 important consideration? 8 MS. PESHA: 9 THE WITNESS: 10 Yes. BY MR. HENDERSON: 11 12 Objection, form. Q. As you sit here now do you think that's a consideration that you should have documented? 13 A. No, I don't. 14 Q. Why not? 15 A. Because my job at the scene of a 16 police-involved shooting is just based on the 17 preliminary facts. 18 police-involved shootings are very stressful to 19 all officers involved in it, so I also recognize 20 that the facts may evolve as you go along with 21 the investigation, so based on what I was told at 22 that particular time is what I base my opinion 23 on. 24 Q. So I know that So you agree or disagree that it's Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 65 1 important to document important things at the 2 time in case there's contradicting information 3 that pops up later on so you can compare the 4 inconsistencies, right? 5 MS. PESHA: 6 THE WITNESS: Objection, asked and answered. I think that for the part of 7 the street deputy that the incident is so new 8 that facts could change as you go along, but 9 basically my job right then at that moment is to 10 as best as I can determine whether or not, based 11 on the facts that I have right then, if the 12 shooting was within Department guidelines and 13 procedures. 14 BY MR. HENDERSON: 15 Q. The bottom line in the corner says that 16 there are three TRRs, do you see that, bottom 17 right-hand corner on Page 113? 18 A. Yes. 19 Q. There were four officers on the scene, 20 correct? 21 A. Correct. 22 Q. Why is there no TRR for the fourth officer? 23 A. That officer may not have been in the area 24 where a weapon was pointed at him. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 66 1 2 Q. Any other reason why there's no TRR for the fourth officer? 3 A. 4 know of. 5 Q. That would be the only one that I would So the TRR is only required for the officer 6 who is in the line of fire, is that what you're 7 saying? 8 A. It could be, yes. 9 Q. Well, I'm asking for that particular 10 incident is there any other reason why you didn't 11 get a TRR from the fourth officer? 12 MS. PESHA: 13 THE WITNESS: Objection, form. No, it would have had to have 14 been because he wasn't in the area where the gun 15 was pointed at him. 16 BY MR. HENDERSON: 17 18 Q. right, Nichols? 19 A. 20 yeah. 21 Q. 22 23 24 You know that he was Leano's partner, I know because you're telling me that, What is the criteria to have a battery report submitted? A. Basically the same as the TRR, if you are in a position where you're the victim of a Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 67 1 battery or an assault, then a TRR would be 2 generated for you. 3 Q. You mean a battery report? 4 A. Yes. 5 Q. So if you're the victim of some form of 6 bodily contact then you should fill out a battery 7 report? 8 9 10 11 A. It doesn't have to be bodily contact, it could be an assault where the perceived threat is there. Q. So if you're either actually physically 12 touched or you perceive a threat you should fill 13 out a battery report? 14 A. Yes. 15 Q. So your testimony is that because there's 16 no battery report for Nichols it meant that he 17 didn't perceive to be threatened or assaulted, 18 right? 19 A. From what I know today, yes. 20 (Whereupon Johnson Deposition 21 Exhibit No. 7 was marked for 22 identification.) 23 24 BY MR. HENDERSON: Q. Deputy Chief, I'm going to hand you what's Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 68 1 been marked as Johnson No. 7, why don't you take 2 a look at it, and after you've had a chance to 3 look at it, let me know. 4 MS. PESHA: Do you want him to read it, or 5 do you want to know whether he's seen it before 6 or recognizes it? 7 BY MR. HENDERSON: 8 9 10 Q. Well, I'm going to ask you questions. I'm giving you a chance to look at it, and after you've had a chance to look at it, let me know. 11 A. Okay. 12 Q. Have you had a chance to look at it? 13 A. Yes. 14 Q. Okay, have you seen any other documents 15 that are marked in Johnson in Exhibit No. 7 16 before? 17 A. No. 18 Q. So let's go to the first page, it's Bates 19 stamped 1150, then 1151, 1152, 1153 and 1154, do 20 you see those pages? 21 A. Yes. 22 Q. In connection with Page 1152, toward the 23 top it says: 24 preliminary and involves multiple levels of The following information is Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 69 1 hearsay, it was provided by Street Deputy Ed 2 Johnson, No. 366, to the reporting investigator 3 during a walk-through of the incident. 4 see that? Do you 5 A. Yes. 6 Q. And that's consistent with what you told me 7 earlier, that you did a walk-through with the 8 IPRA folks, correct? 9 A. Correct. 10 Q. And you gave information to the IPRA 11 people, correct? 12 A. Correct. 13 Q. And your walk-through with the IPRA folks 14 was after the walk-through with the four involved 15 officers, correct? 16 A. Correct. 17 Q. So after you met with the officers, you did 18 the walk-through with the officers, you gave 19 information to the people at IPRA, right? 20 A. Correct. 21 Q. And that happened at the scene, correct? 22 A. Yes. 23 Q. Did you also speak to the IPRA people at 24 Area Central? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 70 1 A. Yes. 2 Q. Do you know whether or not the information 3 in the report is information you gave them at 4 both the scene and at Area Central? 5 MS. PESHA: 6 THE WITNESS: Object to the form. It was probably a combination 7 of both, but most of the information was given to 8 them at the scene. 9 BY MR. HENDERSON: 10 Q. And then on the top of Page 1153 it says 11 that Mr. Green turned right and headed eastbound 12 through a vacant lot, do you see that? 13 A. Yes. 14 Q. Does that appear to be information that you 15 gave to the IPRA folks? 16 A. Yes. 17 Q. And it says: 18 Mr. Green then turned toward the officers in Beat 264B, do you see that? 19 A. Yes. 20 Q. Does that appear to be information you gave 21 to IPRA? 22 A. Yes. 23 Q. And says: 24 Raised his right hand and pointed the weapon toward the officers, do you Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 71 1 see that? 2 A. Yes. 3 Q. Does that appear to be information that you 4 gave to IPRA? 5 A. Yes. 6 Q. Officer Gonzalez who was still seated in 7 his squad car discharged his weapon eleven times, 8 do you see that? 9 A. Yes. 10 Q. Did you tell that to IPRA? 11 A. I don't recall. 12 Q. You're not denying it? 13 A. No. 14 Q. Okay, striking Mr. Green at least once, do 15 you see that? 16 A. Yes. 17 Q. Do you recall hearing from Gonzalez that he 18 19 fired his weapon eleven times? A. I'm sure he told me an amount of times that 20 he discharged his weapon, I'm just not sure if he 21 told me eleven times. 22 Q. And then the next paragraph, is there 23 anything in that next paragraph that you want to 24 dispute telling IPRA? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 72 1 A. No. 2 Q. At the very bottom it says additional 3 information, third line down: 4 a gunshot wound to the left side of the chest 5 below the nipple area and left side of the back. 6 Do you see that? Mr. Green received 7 A. Yes. 8 Q. Does that help you remember any of officers 9 10 telling you that they shot the young man in the chest? 11 A. No. 12 Q. So you don't remember one way or the other? 13 A. No. 14 Q. Why don't you go back to the prior page, 15 Page 1152, and I'd like you to take your time and 16 read through the first paragraph that starts off 17 with Street Deputy Johnson related that 18 Beat 264C, just read that paragraph, and if 19 there's something in there that you didn't say, 20 I'd like you to tell me. 21 A. No, I don't see anything. 22 Q. So you don't see anything in that first 23 paragraph that appears inconsistent with what you 24 told IPRA; is that right? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 73 1 A. Correct. 2 Q. And would you read the second paragraph 3 that starts off Mr. Green ran westbound across 4 Wabash. 5 A. Okay, I don't see anything in here. 6 Q. And that appears to be information you gave 7 IPRA; is that right? 8 A. Yes. 9 Q. And then the next paragraph says as 10 Mr. Green approached the intersection of 57th and 11 State Street, read that paragraph please. 12 A. Okay. 13 Q. Does that appear to be consistent with what 14 you told IPRA? 15 A. Yes. 16 Q. And let's look at the last paragraph, 17 Beat 264B. 18 A. Okay. 19 Q. Does that appear to be consistent with -- 20 and that paragraph goes over to the next page at 21 the top, right? 22 A. Yes. 23 Q. And that paragraph that goes from Page 3 to 24 Page 4 appears to be consistent with what you Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 74 1 told IPRA; is that right? 2 A. Yes. 3 Q. And that last paragraph, Mr. Green dropped 4 the weapon, that's consistent with what you told 5 IPRA as well, correct? 6 A. Correct. 7 Q. On the bottom of Page 3 it says Beat 264, 8 no in-car camera, do you see that, the bottom of 9 Page 1152? 10 A. Yes. 11 Q. What was the policy of CPD at that time in 12 terms of what vehicles had in-car cameras and 13 which ones didn't? 14 A. I believe it's a state law that prohibits 15 in-car cameras being placed inside of unmarked 16 police vehicles, so only the marked vehicles have 17 in-car cameras. 18 19 Q. And that's what you believe the policy was in July of 2013? 20 A. Yes. 21 Q. Is that still the policy? 22 A. Yes. 23 Q. Do you know Vincent Jones, Investigator 24 Vincent Jones from IPRA? Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 75 1 A. No. 2 Q. And if I asked you this already, I 3 apologize. 4 gave them is information that you got from the 5 officers; is that right? The information that IPRA says you 6 A. Correct. 7 Q. Besides speaking to the four officers, the 8 detectives and IPRA, is there anybody else that 9 you can recall speaking with at the scene? 10 A. No. 11 Q. Did you tell any media that the young man 12 was shot in the chest? 13 A. No. 14 Q. Are you certain about that? 15 A. Pretty certain, yes, I don't recall 16 17 speaking to the media at all. Q. Do you recall being at Area Central when 18 the detective took the gun of the shooter, 19 Gonzalez? 20 A. Yes. 21 Q. Is that standard procedure? 22 A. Yes. 23 24 MR. HENDERSON: I don't have anything further. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 76 1 2 MS. PESHA: I have just a couple of questions. 3 4 5 EXAMINATION BY MS. PESHA: Q. With respect to the information that you 6 provided to IPRA, is it correct that you received 7 it from the officers as well as the detectives? 8 A. Yes. 9 Q. And would it be correct that the detectives 10 received the information from the officers? 11 MR. HENDERSON: 12 THE WITNESS: 13 14 Objection, foundation. Correct. BY MS. PESHA: Q. And you have no independent recollection of 15 this incident and the conversations with the 16 officers as you sit here today, correct? 17 A. 18 Correct. MS. PESHA: 19 That's all I have. 20 21 FURTHER EXAMINATION BY MR. HENDERSON: Q. When you say you have no independent 22 recollection, you remember being there, don't 23 you? 24 A. Yes. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 77 1 Q. 2 correct? 3 A. And you remember talking to people, Correct. 4 MR. HENDERSON: 5 MS. PESHA: 6 7 Okay, nothing further. That's it. We'll reserve signature. (Whereupon, at 4:30 p.m., the 8 signature of the witness having 9 been reserved, witness being 10 present and consenting thereto, 11 the taking of the instant 12 deposition ceased.) 13 14 15 16 17 18 19 20 21 22 23 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 78 1 STATE OF ILLINOIS 2 COUNTY OF C O O K 3 ) ) ) SS. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION 4 5 PATRICIA GREEN, 6 7 8 9 ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF CHICAGO, Defendant. 2013 L 014041 10 11 12 I hereby certify that I have read 13 the foregoing transcript of my deposition given 14 at the time and place aforesaid, consisting of 15 Pages 1 through 77, inclusive, and I do again 16 subscribe and make oath that the same is a true, 17 correct and complete transcript of my deposition 18 given as aforesaid, with corrections, if any, 19 appearing on the attached correction sheet(s). 20 EDDIE T. JOHNSON 21 22 SUBSCRIBED AND SWORN TO before me this day of , A.D., 2016. 23 24 Notary Public Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 79 1 DEPOSITION 2 OF: 3 CASE: Eddie T. Johnson DATE: March 2, 2016 Patricia Green v. City of Chicago 2013 L 014041 4 5 C O R R E C T I O N P A G E 6 PAGE LINE 7 ____ ____ CHANGE: ________________________ 8 9 REASON: ________________________ ____ ____ CHANGE: ________________________ ____ ____ 10 REASON: ________________________ 11 CHANGE: ________________________ 12 REASON: ________________________ 13 ____ ____ CHANGE: ________________________ 14 15 REASON: ________________________ ____ ____ CHANGE: ________________________ 16 17 REASON: ________________________ ____ ____ CHANGE: ________________________ ____ ____ 18 REASON: ________________________ 19 CHANGE: ________________________ 20 REASON: ________________________ 21 ____ ____ CHANGE: ________________________ 22 REASON: ________________________ 23 SIGNED: ___________________________________ 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 80 1 STATE OF ILLINOIS 2 COUNTY OF C O O K ) ) ) SS. 3 4 5 I, Loretta K. Adams, a Notary 6 Public within and for the County of Cook and 7 State of Illinois, do hereby certify that 8 heretofore, to-wit, on the 2nd day of March A.D., 9 2016, personally appeared before me at 330 South 10 Wells Street, Suite 300., Chicago, Illinois, 11 EDDIE T. JOHNSON, a witness in a certain cause 12 now pending and undetermined in the Circuit Court 13 of Cook County, Illinois, wherein PATRICIA GREEN 14 is the Plaintiff, and CITY OF CHICAGO is the 15 Defendant. 16 I further certify that said witness 17 was by me first duly sworn to testify the truth, 18 the whole truth, and nothing but the truth in the 19 cause aforesaid; that the testimony then given by 20 the said witness was reported stenographically by 21 me in the presence of said witness; and 22 afterwards reduced to typewriting and the 23 foregoing is a true and correct transcript of the 24 testimony so given by said witness as aforesaid. Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com Deposition of Eddie Johnson - March 2, 2016 Page 81 1 I further certify that the 2 signature of the witness to the foregoing 3 deposition was reserved by agreement of counsel 4 for the respective parties. 5 I further certify that the taking 6 of this deposition was in pursuance of notice, 7 and that there were present at the taking of this 8 deposition MR. VICTOR P. HENDERSON on behalf of 9 the Plaintiff; and MS. DANA PESHA on behalf of 10 11 the Defendant. In testimony whereof: I hereunto 12 set my hand and affixed my notarial seal this 13 11th day of March, A.D., 2016. 14 15 16 Loretta K. Adams, CSR, RPR CSR License # 084-003611 17 18 19 20 21 22 23 24 Victoria Legal + Corporate Services 800.827.7708 www.victorialcs.com