IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, v. KORTNI BUTTERTON, Defendant. § § § § § § § § § Case No.: 20C740 JURY DEMANDED MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT KORTNI BUTTERTON’S MOTION TO DISMISS AND TENN. CODE ANN. § 20-17104(a) PETITION TO DISMISS THE PLAINTIFF’S COMPLAINT PURSUANT TO THE TENNESSEE PUBLIC PARTICIPATION ACT I. INTRODUCTION This is a Strategic Lawsuit Against Public Participation (a “SLAPP-suit”) filed by Plaintiff Carl Vonhartman—an ex-convict with a sordid reputation for both criminality1 and terrorizing women 2—against Defendant Kortni Butterton, a woman who rejected the Plaintiff on a dating website. For myriad reasons, all of the Plaintiff’s claims are meritless and require immediate dismissal under Tennessee Rule of Civil Procedure 12.02(6), Tennessee Code Annotated § 20-17-105(c), or both. Moreover, several of the Plaintiff’s claims are frivolous enough to be sanctionable. Severe sanctions are warranted as a 1 See, e.g., Exhibit A (Plaintiff’s Criminal History). See, e.g., Exhibit B (MPD Incident No. 2018-0782853), p. 3 (“[S]he advised that [s]he told [Plaintiff] she was going to call the police due to the assault. [S]he advised that [Plaintiff] told her ‘if you call the police [I] am going to post naked pictures of you on the internet.’ [Victim] advised she changed her mind at that time about calling the police.”); Exhibit C (Affidavit of Melissa Ingram), Attachment #1 (threatening “war” over Facebook posts that warned women not to date him); Exhibit D (Order of Protection Hearing Transcript), p. 28, lines 16–20 (testifying that Plaintiff was “[s]creaming, telling me I was a ‘fat bitch,’” and that “he was going to figure out where I lived[.]”). 2 -1- consequence. On January 28, 2020, the Plaintiff threatened to sue Ms. Butterton over a statement that she made on a private Facebook group that functions to protect single Nashville women from badly behaved men. Specifically, Mr. Vonhartman protested that he had not, in fact, been “aggressive” with Ms. Butterton when he demanded to know why she would not date him, and he warned Ms. Butterton that if she “ke[pt] running [her] mouth” about him, he would sue her for defamation. 3 The following morning, on January 29, 2020, the Plaintiff contacted Melissa Ingram—the administrator of the Facebook group at issue—to express his general apoplexy regarding posts by Ms. Butterton and several other women discussing the Plaintiff’s abysmal reputation. 4 The Plaintiff’s correspondence reflects a demeanor that Ms. Ingram generously described as “unstable.” 5 Displeased that the Facebook posts warning women not to date him would not be removed, Mr. Vonhartman also repeatedly threatened “war.” 6 On the afternoon of January 29, 2020, Ms. Ingram contacted Ms. Butterton and shared the Plaintiff’s disturbing correspondence with her. 7 In light of the facts that the Plaintiff had: (1) threatened to sue Ms. Butterton the day before; 8 (2) just threatened 3 Exhibit D, p. 8, lines 1–3; p. 12, lines 16–23. 4 See Exhibit C, Attachment #1. 5 Id. See id. (“I’m not going to sit by and let this happen. You’ve started a war with the wrong man . . . I’ll say it again, you’re starting a war with the wrong man. . . . If it’s a war you want then that’s what you’re going to get[.]”). 6 7 See Exhibit C, p. 3, ¶ 19. 8 Exhibit D, p. 12, lines 16–23. -2- “war” three separate times regarding the Facebook posts concerning him; 9 and (3) indicated that he was both able and inclined to find out where those who displeased him lived so he could “come after” them, 10 Ms. Butterton immediately became afraid for her safety. 11 Next—approximately an hour and a half later—an uninvited stranger who looked like, dressed like, and gave every appearance of being the Plaintiff showed up at Ms. Butterton’s home, began ringing her doorbell incessantly, and banged on her walls. 12 Afraid for her life, Ms. Butterton locked herself in her bathroom with a loaded handgun, texted her mother, stepfather, and roommate seeking help, armed her security system, and called 911. 13 By the time police arrived, though, the man at her home had fled. Ms. Butterton—who thought she was about to be killed 14 and was so upset that she was visibly “hyperventilating, crying, and not speaking in complete sentences” 15—quickly retained counsel and, acting on the advice of her counsel, 16 petitioned for and then received a temporary order of protection against the Plaintiff. 17 After a hearing on her petition, Ms. Butterton’s petition for an order of protection 9 See Exhibit C, Attachment #1. Id. (“You told me by the end of today you would know where I live, where I work and who I am and you would come after me.”). 10 11 See Exhibit E (Affidavit of Kortni Butterton). 12 See id.; see also Exhibit D, p. 14, lines 5–9. See generally Exhibit E; Exhibit F (Affidavit of Benita Lamp); Exhibit G (Affidavit of Craig Lamp); Exhibit H (Affidavit of Theresa Rawley). 13 14 See, e.g., Exhibit #1 to Exhibit F (texting her mother: “I’m seeing my life flash before my eyes.”). 15 Exhibit I (Affidavit of Megan Hassall), p. 1, ¶ 5. 16 Exhibit J (Affidavit of Rachel Welty). See also id. at Attachment #1 (text message correspondence with her counsel regarding Ms. Butterton’s petition for an order of protection). 17 Exhibit K (Petition for Order of Protection and Order Granting Temporary Order of Protection). -3- was dismissed. 18 Thereafter, the Plaintiff filed the instant SLAPP-suit against Ms. Butterton. In his Complaint, the Plaintiff has specifically sued Ms. Butterton based on the following four independent theories of relief: (1) Slander based on Ms. Butterton’s “testi[mony] in court on February 10, 2020” during her order of protection hearing; 19 (2) Libel based on Ms. Butterton’s “swor[n ] allegations in her Petition for [an] Order of Protection” in Davidson County General Sessions Case No. 20OP250; 20 (3) Malicious prosecution regarding Davidson County General Sessions Case No. 20OP250, the order of protection proceeding that Ms. Butterton initiated; 21 and (4) Slander based on supposed “false statements” that Ms. Butterton purportedly made when she “called 911 on January 29, 2020.” 22 As provided below, all four of the Plaintiff’s claims suffer from insurmountably fatal defects. As a consequence, each claim must be dismissed outright and with prejudice pursuant to Tennessee Rule of Civil Procedure 12.02(6) or the Tennessee Public Participation Act (TPPA), see TENN. CODE ANN. § 20-17-101, et seq.—Tennessee’s newly enacted Anti-SLAPP statute. Separately, the Plaintiff’s lawsuit—which is premised upon Ms. Butterton’s communications with the Metropolitan Nashville Police Department and the Davidson County General Sessions Court—qualifies as a “threat of a civil action for damages in the 18 See Exhibit L (Dismissal of Order of Protection, Davidson Cty. Cir. Ct. Case No. 20OP250). 19 See Complaint, p. 4, ¶ 29; id. at ¶¶ 28–30 (Count III). 20 Id. at p. 5, ¶ 32; id. at ¶¶ 31–32 (Count IV). 21 Id. at p. 4, ¶¶ 22–25 (Count I). 22 Id. at ¶¶ 26–27 (Count II). -4- form of a ‘strategic lawsuit against political participation’” under Tennessee Code Annotated § 4-21-1002(b). Accordingly, to enable each entity to exercise its statutory right to intervene in and defend against this action, Ms. Butterton has served notice of both her Motion and her Tennessee Code Annotated § 20-17-104(a) Petition to Dismiss the Plaintiff’s Complaint upon: (1) The Metropolitan Nashville Police Department; (2) Davidson County General Sessions Judge Ana Escobar; (3) The Davidson County General Sessions Court; and (4) The Office of the Tennessee Attorney General and Reporter. See TENN. CODE ANN. § 4-21-1004(a) (“In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under § 4-21-1003 may intervene and defend against any suit precipitated by the communication to the agency. In the event that a local government agency does not intervene in and defend against a suit arising from any communication protected under this part, the office of the attorney general and reporter may intervene in and defend against the suit.”). II. SUMMARY OF ARGUMENT All four of the Plaintiff’s claims—which Ms. Butterton has reordered for the Court’s convenience based on their respective frivolity—must be dismissed with prejudice pursuant to Tennessee Rule of Civil Procedure 12.02(6), Tennessee Code Annotated § 20-17-105(b)–(c), or both. First, the Plaintiff’s claim for slander based on Ms. Butterton’s “testi[mony] in court on February 10, 2020,” during her order of protection hearing in Davidson County -5- General Sessions Court Case No. 20OP250 23 is barred by Tennessee’s absolute testimonial privilege, which affords witnesses like Ms. Butterton absolute immunity for testimony given during a judicial proceeding. See, e.g., Wilson v. Ricciardi, 778 S.W.2d 450, 453 (Tenn. Ct. App. 1989) (“It is a well-settled proposition of law in this jurisdiction that the testimony of a witness given in a judicial proceeding is absolutely privileged. Therefore, no civil action for damages may lie against a witness based upon his testimony in a case, though his testimony may have been damaging to one of the parties of the lawsuit in which he testified.”) (collecting cases). Accordingly, the Plaintiff’s slander claim based on Ms. Butterton’s testimony in Davidson County General Sessions Case No. 20OP250 must be dismissed outright and with prejudice pursuant to Tennessee Rule of Civil Procedure 12.02(6) for failure to state a claim. See id. Second, the Plaintiff’s claim for libel based on Ms. Butterton’s “swor[n ] allegations in her Petition for [an] Order of Protection” in Davidson County General Sessions Case No. 20OP250 24 is barred not only by the absolute testimonial privilege noted above, see id.—it is also barred by the absolute litigation privilege, which guarantees all litigants “the freedom to institute an action without fear of being sued based on statements made in the course of the proceeding[.]” Goetz v. Autin, No. W2015-00063-COA-R3-CV, 2016 WL 537818, at *10 (Tenn. Ct. App. Feb. 10, 2016), perm. to app. denied (Tenn. June 24, 2016). See also Lambdin Funeral Serv., Inc. v. Griffith, 559 S.W.2d 791, 792 (Tenn. 1978) (“[S]tatements made in the course of a judicial proceeding that are relevant and pertinent to the issues involved are absolutely privileged and cannot be the predicate for liability in 23 See id. at ¶ 29; id. at ¶¶ 28–30 (Count III). 24 Id. at p. 5, ¶ 32; id. at ¶¶ 31–32 (Count IV). -6- an action for libel, slander, or invasion of privacy.”). Accordingly, the Plaintiff’s libel claim, too, must be dismissed with prejudice under Tennessee Rule of Civil Procedure 12.02(6) for failure to state a cognizable claim for relief. Third, the Plaintiff’s malicious prosecution claim is barred as a matter of law by both Tennessee Code Annotated § 36-3-617(a)(2)—which exclusively governs the assessment of attorney’s fees in order of protection proceedings—and the doctrine of res judicata, given that the issue has already been resolved adversely to the Plaintiff in a final judgment. As such, the Plaintiff’s malicious prosecution claim, too, must be dismissed under Tennessee Rule of Civil Procedure 12.02(6) for failure to state a claim. Fourth, based on the extensive admissible evidence that Ms. Butterton has presented pursuant to Tennessee Code Annotated § 20-17-105(d), 25 the Plaintiff’s malicious prosecution claim must additionally be dismissed with prejudice under § 20-17-105(c) (providing that “the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.”). In particular, dismissal is compelled under § 20-17-105(c) because Ms. Butterton can establish each of the following independent and outcome-determinative defenses to the Plaintiff’s malicious prosecution claim: (1) Ms. Butterton’s Petition for an Order of Protection was filed on the advice of counsel; (2) Ms. Butterton had probable cause to file a petition for an order of protection; (3) 25 Ms. Butterton’s Petition for an Order of Protection was not filed with malice; See Exhibits A–R. -7- and (4) The Davidson County General Sessions Court previously determined that Ms. Butterton had probable cause to seek an order of protection, and because that determination was not a product of fraud, it is controlling. Fifth, the Plaintiff’s claim for slander based on “false statements” that the Plaintiff alleges Ms. Butterton made to the police when she “called 911 on January 29, 2020,” 26 is barred—as an initial matter—by the aforementioned absolute litigation privilege that extends to communications preliminary to litigation. See Phillips v. Woods, No. E200700697-COA-R3-CV, 2008 WL 836161, at *8 (Tenn. Ct. App. Mar. 31, 2008), no app. filed. It is also barred, independently, by the conditional public interest and common interest privileges, which immunize from defamation liability good-faith reports to law enforcement. See, e.g., Pate v. Serv. Merch. Co., 959 S.W.2d 569, 576–77 (Tenn. Ct. App. 1996). Consequently, the Plaintiff’s 911-based slander claim must be dismissed both for failure to state a claim and pursuant to Tennessee Code Annotated § 20-17-105(c). Sixth, as a matter of law, none of the statements in the 911 call regarding which the Plaintiff has sued Ms. Butterton for slander is capable of conveying a defamatory meaning as a matter of law. Seventh, Tennessee Code Annotated § 4-21-1003(a) affords Ms. Butterton statutory immunity from all claims alleged in this action. See id. (“Any person who in furtherance of such person’s right of free speech or petition under the Tennessee or United States Constitution in connection with a public or governmental issue communicates information regarding another person or entity to any agency of the 26 See Complaint, p. 4, ¶ 27. -8- federal, state or local government regarding a matter of concern to that agency shall be immune from civil liability on claims based upon the communication to the agency.”). Eighth, given his abysmal reputation for both criminality and terrorizing women, the Plaintiff is libel-proof. Ninth and finally, barring the Plaintiff’s satisfaction of his burden as to each claim, all of the Plaintiff’s claims must be dismissed pursuant to Tennessee Code Annotated § 20-17-105(b). III. LEGAL STANDARDS A. MS. BUTTERTON’S MOTION TO DISMISS “A motion to dismiss a complaint for failure to state a claim pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure asserts that the allegations in the complaint, accepted as true, fail to establish a cause of action for which relief can be granted.” Conley v. State, 141 S.W.3d 591, 594 (Tenn. 2004). Generally, a motion to dismiss is resolved by examining the pleadings alone. See Leggett v. Duke Energy Corp., 308 S.W.3d 843, 851 (Tenn. 2010) (citing Cook ex rel. Uithoven v. Spinnaker’s of Rivergate, Inc., 878 S.W.2d 934, 938 (Tenn. 1994)). This Court, however, may also consider “items subject to judicial notice, matters of public record, orders, items appearing in the record of the case, and exhibits attached to the complaint whose authenticity is unquestioned . . . without converting the motion into one for summary judgment.” W. Exp., Inc. v. Brentwood Servs., Inc., No. M2008-02227-COA-R3-CV, 2009 WL 3448747, at *3 (Tenn. Ct. App. Oct. 26, 2009) (quoting Ind. State Dist. Council of Laborers v. Brukardt, No. M2007–02271–COA–R3–CV, 2009 WL 426237, at *8 (Tenn. Ct. App. Feb.19, 2009), perm. to app. denied (Tenn. Aug. 24, 2009)), no app. filed. -9- (in turn quoting WRIGHT AND MILLER, FEDERAL PRACTICE AND PROCEDURE, CIVIL § 1357, at 376 (3d ed.2004)). Thereafter, where—as here—“the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief[,]” a defendant’s motion to dismiss for failure to state a claim must be granted. See Crews v. Buckman Labs. Int’l, Inc., 78 S.W.3d 852, 857 (Tenn. 2002). B. THE TENNESSEE PUBLIC PARTICIPATION ACT (TPPA) The TPPA—which the legislature adopted in 2019 to deter, expediently resolve, and punish SLAPP-suits like this one—provides that “[i]f a legal action is filed in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action” subject to the specialized provisions of Tennessee Code Annotated §§ 20-17-104 and 20-17-105. See TENN. CODE ANN. § 20-17-104(a). The TPPA “provide[s] an additional substantive remedy to protect the constitutional rights of parties” that “supplement[s] any remedies which are otherwise available . . . under the Tennessee Rules of Civil Procedure.” TENN. CODE ANN. § 20-17109. As such, nothing in the Act “[a]ffects, limits, or precludes the right of any party to assert any defense, remedy, immunity, or privilege otherwise authorized by law[.]” TENN. CODE ANN. § 20-17-108(4). In enacting the TPPA, the Tennessee General Assembly forcefully established that: The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is consistent with and necessary to implement the rights protected by Article I, §§ 19 and 23, of the Constitution of Tennessee, as well as by the First Amendment to the United States Constitution, and shall be construed broadly to effectuate its purposes and -10- intent. See TENN. CODE ANN. § 20-17-102. Substantively, the TPPA also provides, among other things, that: (1) When a party has been sued in response to the party’s exercise of the right of free speech or the right to petition, he or she “may petition the court to dismiss the legal action” pursuant to Tennessee Code Annotated § 20-17-104(a); (2) “All discovery in the legal action is stayed” automatically by statute “until the entry of an order ruling on the petition” pursuant to § 20-17-104(d); and (3) “The court’s order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals.” See TENN. CODE ANN. § 20-17-106. A TPPA petition to dismiss “may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court’s discretion, at any later time that the court deems proper.” TENN. CODE ANN. § 20-17-104(b). Under the TPPA, “[t]he petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party’s exercise of the right to free speech, right to petition, or right of association.” TENN. CODE ANN. § 20-17105(a). Thereafter, the Court “shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” TENN. CODE ANN. § 20-17-105(b). Separately, “[n]otwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.” TENN. CODE ANN. § 20-17-105(c). “If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice.” TENN. CODE ANN. § 20-17-105(e). -11- C. THRESHOLD ISSUES OF LAW GOVERNING DEFAMATION CLAIMS To establish a prima facie case of defamation in Tennessee, a plaintiff must plead and prove that: “(1) a party published a statement; (2) with knowledge that the statement was false and defaming to the other; or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement.” Davis v. Tennessean, 83 S.W.3d 125, 128 (Tenn. Ct. App. 2001). Additionally, damages cannot be presumed; instead, a plaintiff is “required to prove actual damages in all defamation cases.” Hibdon v. Grabowski, 195 S.W.3d 48, 68 (Tenn. Ct. App. 2005) (citing Handley v. May, 588 S.W.2d 772, 776 (Tenn. Ct. App. 1979)). Here, the Plaintiff’s Complaint is premised exclusively upon express malice, and it specifically alleges that Ms. Butterton made the statements over which the Plaintiff has sued her for defamation with knowing falsity. 27 Accordingly, no claim based on alleged negligence or recklessness is asserted, and the Plaintiff must demonstrate knowing falsity in order to prevail. Critically, to safeguard access to the judicial process and ensure that witnesses, litigants, and citizens generally are not subjected to baseless retaliatory lawsuits like this one, Tennessee has also adopted several categorical bars that prevent claimed defamations from being actionable as a matter of law, several of which are outcomedeterminative in the instant case: First, “[i]t is a well-settled proposition of law in this jurisdiction that the testimony of a witness given in a judicial proceeding is absolutely privileged.” Wilson, 778 S.W.2d See, e.g., id. at ¶ 27 (alleging that “[w]hen Ms. Butterton called 911 on January 29, 2020, she knowingly made false statements about Mr. Vonhartman which injured his reputation.”); id. at ¶ 30 (alleging that “Ms. Butterton made these statements with malice and knowledge that the statements were false.”); id. at p. 5, ¶ 32 (alleging that “[w]hen Ms. Butterton swore to the allegations in her Petition for Order of Protection, she published false written statements with malice and knowledge that the statements were false.”). 27 -12- at 453 (collecting cases). “Therefore, no civil action for damages may lie against a witness based upon his testimony in a case, though his testimony may have been damaging to one of the parties of the lawsuit in which he testified.” Id. (collecting cases). Second, under the litigation privilege, “[s]tatements made in judicial proceedings are absolutely privileged.” Jones v. State, 426 S.W.3d 50, 57 (Tenn. 2013) (citing Lea v. White, 36 Tenn. 111 (1856)). As such, “statements made in the course of a judicial proceeding that are relevant and pertinent to the issues involved are absolutely privileged and cannot be the predicate for liability in an action for libel, slander, or invasion of privacy.” Lambdin Funeral Serv., 559 S.W.2d at 792 (collecting cases). Third, the absolute litigation privilege immunizes not only statements made during judicial proceedings; it also immunizes “communications preliminary to . . . proposed litigation” as well. See Phillips, 2008 WL 836161, at *8 (“Myers also expressly stands for the proposition that ‘communications preliminary to proposed or pending litigation’ are absolutely privileged.” (quoting Myers v. Pickering Firm, Inc., 959 S.W.2d 152, 161 (Tenn. Ct. App. 1997))); Kilgore v. State, No. E201801790COAR3CV, 2019 WL 6002126, at *5 (Tenn. Ct. App. Nov. 13, 2019), no app. filed. Fourth, because “[t]he interests of the public in preventing crime and punishing criminals outweigh the interest of any plaintiff concerning statements of accusation,” as long as an accusation is made in good faith and without express malice, statements made to law enforcement are protected by the conditional “public interest privilege.” Pate, 959 S.W.2d at 576. Under the public interest privilege, a publication is privileged from defamation liability if the circumstances induce a correct or reasonable belief that (a) there is information that affects a sufficiently important public -13- interest, and (b) the public interest requires the communication of the defamatory matter to a public officer or a private citizen who is authorized or privileged to take action if the defamatory matter is true. Id. (quoting Restatement (Second) of Torts § 598 (1977)). Fifth, given “the intent of the general assembly to provide protection for individuals who make good faith reports of wrongdoing to appropriate governmental bodies”—and because “[i]nformation provided by citizens concerning potential misdeeds is vital to effective law enforcement and the efficient operation of government”— Tennessee confers an additional layer of statutory immunity regarding communications to government agencies under the Tennessee Anti-SLAPP Act of 1997. See TENN. CODE ANN. § 4-21-1002(a). The express purpose of Tennessee Code Annotated § 4-21-1002(a) is to counteract both “[1] the threat of a civil action for damages in the form of a ‘strategic lawsuit against political participation’ (SLAPP), and [2] the possibility of considerable legal costs” associated with retaliatory lawsuits like this one. TENN. CODE ANN. § 4-21-1002(b). As a result, absent the circumstances set forth in § 4-21-1003(b): Any person who in furtherance of such person’s right of free speech or petition under the Tennessee or United States Constitution in connection with a public or governmental issue communicates information regarding another person or entity to any agency of the federal, state or local government regarding a matter of concern to that agency shall be immune from civil liability on claims based upon the communication to the agency. TENN. CODE ANN. § 4-21-1003(a). Sixth, to ensure that only genuinely defamatory statements—which must clear a high bar of severity 28—proceed past a motion to dismiss, “the issue of whether a Merely unpleasant or embarrassing statements are not capable of conveying a defamatory meaning. Instead, 28 -14- communication is capable of conveying a defamatory meaning is a question of law for the court to decide in the first instance[.]” Brown v. Mapco Exp., Inc., 393 S.W.3d 696, 708 (Tenn. Ct. App. 2012) (emphasis added). See also Aegis Scis. Corp. v. Zelenik, No. M2012-00898-COA-R3CV, 2013 WL 175807, at *6 (Tenn. Ct. App. Jan. 16, 2013) (“[T]he preliminary question of whether a statement ‘is capable of conveying a defamatory meaning’ presents a question of law.” (quoting Revis v. McClean, 31 S.W.3d 250, 253 (Tenn. Ct. App. 2000))), no. app. filed; McWhorter v. Barre, 132 S.W.3d 354, 364 (Tenn. Ct. App. 2003) (“The question of whether [a statement] was understood by its readers as defamatory is a question for the jury, but the preliminary determination of whether [a statement] is ‘capable of being so understood is a question of law to be determined by the court.’” (quoting Memphis Publ’g Co. v. Nichols, 569 S.W.2d 412, 419 (Tenn. 1978))). Consequently, if an allegedly defamatory statement is not capable of being understood as defamatory as a matter of law, then a plaintiff’s cause of action must be dismissed outright for failure to state a claim. Id. Seventh, because defamation claims are contingent upon actual damage to one’s reputation, a libel-proof plaintiff who lacks a good reputation to begin with cannot assert a defamation claim. See Looper v. News Channel 5 Network, No. CIV.A.6197C, 2002 WL 32163526, at *1 (Tenn. Cir. Ct. May 7, 2002) (citing Davis, 83 S.W.3d 125), no app. filed; Coker v. Sundquist, No. 01A01-9806-BC-00318, 1998 WL 736655 (Tenn. Ct. App. Oct. [f]or a communication to be [defamatory], it must constitute a serious threat to the plaintiff's reputation. A [defamation] does not occur simply because the subject of a publication finds the publication annoying, offensive or embarrassing. The words must reasonably be construable as holding the plaintiff up to public hatred, contempt or ridicule. They must carry with them an element “of disgrace.” Davis v. Covenant Presbyterian Church of Nashville, No. M2014-02400-COA-R9-CV, 2015 WL 5766685, at *3 (Sept. 30, 2015) (quoting Brown v. Mapco Exp., Inc., 393 S.W.3d 696, 708 (Tenn. Ct. App. 2012)), perm. to app. denied (Tenn. Feb. 18, 2016). -15- 23, 1998)), perm. to app. denied (Tenn. May 10, 1999). D. ELEMENTS OF—AND DEFENSES TO—MALICIOUS PROSECUTION CLAIMS “In order to establish the essential elements of malicious prosecution, a plaintiff must prove that (1) a prior suit or judicial proceeding was instituted without probable cause, (2) defendant brought such prior action with malice, and (3) the prior action was finally terminated in plaintiff’s favor.” Roberts v. Fed. Exp. Corp., 842 S.W.2d 246, 247–48 (Tenn. 1992) (citations omitted). Notably, there is “a heavy burden of proof on the plaintiff in malicious prosecution actions in establishing malice and lack of probable cause[,]” see Kauffman v. A.H. Robins Co., 448 S.W.2d 400, 404 (Tenn. 1969) (citing Lipscomb v. Shofner, 33 S.W. 818 (Tenn. 1896)), because Tennessee public policy dictates that “the reporting of valid complaints, if supported by probable cause to believe they are true, should not and will not be inhibited[,]” id. See also Himmelfarb v. Allain, 380 S.W.3d 35, 41 (Tenn. 2012) (“The threat of a malicious prosecution action may reduce the public’s willingness to resort to the court system for settlement of disputes. We decline to adopt a rule that would deter litigants with potentially valid claims from filing those claims because they are fearful of a subsequent malicious prosecution action.”) (internal citation omitted). With respect to probable cause, “[t]he defendant in a malicious prosecution lawsuit may establish the existence of probable cause by demonstrating that he or she relied on the advice of counsel in initiating the underlying proceedings.” Preston v. Blalock, No. M2014-01739-COA-R3-CV, 2015 WL 3455384, at *5 (Tenn. Ct. App. May 29, 2015) (citing Sullivan v. Young, 678 S.W.2d 906, 911 (Tenn. Ct. App. 1984); Cooper v. Flemming, 84 -16- S.W. 801, 802 (Tenn. 1904) (stating that the purpose of the advice of counsel defense is to “establish the existence of probable cause”)), perm. to app. denied (Tenn. Sept. 17, 2015). “Probable cause exists where the party that instituted the underlying proceedings had a reasonable belief in the existence of facts supporting his or her claim and a reasonable belief that those facts made out a legally valid claim.” Id. at *4. Further, “[t]he reasonableness of the party’s belief is an objective determination made in light of the facts and circumstances at the time the underlying proceedings were initiated.” Id. (citing Roberts, 842 S.W.2d at 248). Additionally, absent fraud or express malice, a previous judicial determination of probable cause establishes that probable cause to initiate a proceeding existed. See, e.g., Crowe v. Bradley Equip. Rentals & Sales, Inc., No. E2008-02744-COA-R3-CV, 2010 WL 1241550, at *5 (Tenn. Ct. App. Mar. 31, 2010) (“Regarding the malicious prosecution claim, an indictment by a grand jury equates to a finding of probable cause.” (citing Parks v. City of Chattanooga, No. 1:02-CV-116, 2003 WL 23717092, at *4 (E.D. Tenn. Dec. 15, 2003), aff’d, 121 F. App’x 123 (6th Cir. 2005))), no app. filed; Gordon v. Tractor Supply Co., No. M201501049COAR3CV, 2016 WL 3349024, at *10 (Tenn. Ct. App. June 8, 2016) (“[A] grand jury’s indictment creates a rebuttable presumption that probable cause to institute the criminal proceeding existed unless the indictment was procured by fraud or by a defendant who did not believe in the guilt of the plaintiff.”), no. app. filed. Finally, with respect to the element of malice, a plaintiff must “demonstrate[] an improper motive” in order to sustain a malicious prosecution claim. Preston, 2015 WL 3455384, at *4 (citing Wright Med. Tech., Inc. v. Grisoni, 135 S.W.3d 561, 582 (Tenn. Ct. App. 2001)). -17- IV. FACTS For purposes of Ms. Butterton’s Motion to Dismiss only, but not for purposes of her TPPA Petition, the allegations set forth in the Plaintiff’s Complaint—however fictional—are accepted as true. See Conley, 141 S.W.3d 591 at 594. The Plaintiff first “encountered the Defendant online when they were ‘matched’ through Hinge, a mobile dating app, on or about February 2019.” See Complaint, p. 1, ¶ 5. “The two never met in person and no relationship developed.” Id. at ¶ 6. In particular, no relationship developed because Ms. Butterton rejected the Plaintiff and declined to date him. See Exhibit D (Transcript of Proceedings, Davidson County General Sessions Court Case No. 20OP250), p. 5, lines 9–10. “On or about January 28, 2020, Ms. Butterton made posts about Mr. Vonhartman on a ‘private’ Facebook group where women discuss men they met on dating apps including Hinge.” See Complaint, p. 2, ¶ 7. The private Facebook group exists to provide “information,” “advice,” and support that allows single women in Nashville to avoid dating badly behaved men. See Exhibit D, p. 23, lines 14–16; see also Exhibit K (Petition for Order of Protection and Order Granting Temporary Order of Protection), p. 8 (“Carl’s name was listed in a Facebook group that [lets] women know if men are safe to date.”). Ms. Butterton also was not the only woman to post concerns about the Plaintiff. See Exhibit D, p. 22, lines 21–22 (“Many women commented about having a bad experience with Carl.”). See also id. at p. 4, line 24–p. 5, line 1; id. at p. 5, lines 14–16. Instead, the Plaintiff had “been posted about on multiple [Facebook] pages by multiple women that report[ed] the same” concerns, see Exhibit C (Affidavit of Melissa Ingram), Attachment #1—a fact that the Plaintiff has stated he is “sure” is true but that he “really do[es]n’t care” about, because according to the Plaintiff, he “literally get[s] called -18- aggressive just for sticking up for [himself]” and has “done nothing wrong[.]” Id. Significantly, in light of—at minimum—the Plaintiff’s multiple arrests for DUI, his multiple convictions for reckless driving, his multiple implied consent violations, and his arrests for battery and burglary, see generally, Exhibit A (Plaintiff’s Criminal History), law enforcement would likely disagree with the Plaintiff’s self-assessment that he has “done nothing wrong.” Presumably, the myriad women whom the Plaintiff has terrorized—including, for example, the ex-girlfriend he threatened with revenge pornography if she reported an assault, see Exhibit B (MPD Incident No. 20180782853), p. 3 (“[S]he advised that [s]he told [Plaintiff] she was going to call the police due to the assault. [S]he advised that [Plaintiff] told her ‘if you call the police [I] am going to post naked pictures of you on the internet.’ [Victim] advised she changed her mind at that time about calling the police.”); the women he has never even met but feels comfortable insulting and baselessly threatening to “come after[,]” see Exhibit C, Attachment #1 (“You told me by the end of today you would know where I live, where I work and who I am and you would come after me.”); and the untold number of other women the Plaintiff has threatened, see, e.g., Exhibit R (Message from Match.com) (indicating that a dating website “took the appropriate actions” against the Plaintiff following a report from a woman to whom he had sent “very threatening” messages)— would disagree with the Plaintiff’s self-assessment that he has “done nothing wrong” as well. “On or about January 28, 2020, Ms. Butterton made posts about Mr. Vonhartman” on the Facebook group at issue, and after the Plaintiff discovered the posts, he “contacted Ms. Butterton via electronic message and stated that he would sue Ms. Butterton for defamation if she continued to make false statements about him.” See Complaint, p. 2, -19- ¶¶ 7–9. The following morning and afternoon, the Plaintiff additionally contacted Melissa Ingram, the administrator of the Facebook group at issue, to express his anger about Ms. Butterton’s posts and others. See Exhibit C, Attachment #1. During his correspondence with Ms. Ingram, the Plaintiff warned Ms. Ingram that he knew where she lived, and he repeatedly threatened “war” regarding the Facebook posts that upset him. See id. (“I’m not going to sit by and let this happen. You’ve started a war with the wrong man . . . I’ll say it again, you’re starting a war with the wrong man. . . . If it’s a war you want then that’s what you’re going to get[.]”). Mere hours later, Ms. Butterton—who had spent the day afraid that the Plaintiff would come after her—saw a man who looked like, dressed like, and gave every appearance of being the Plaintiff at her door. See Exhibit D, p. 6, lines 20–22. See also Exhibit E (Affidavit of Kortni Butterton). For the next 20 or 25 minutes, the man repeatedly rang her doorbell, banged on her walls, saw her through the window, and followed her from the side of her home when Ms. Butterton ran to the bathroom to hide. See Exhibit D at p. 7, lines 1–7 (“He was ringing my doorbell. He was pounding on the door. He saw me go from my bathroom to my bedroom, and ran around the side of my house, and started banging on that outside wall, from the side of my house, you know, on the same side as my bedroom. . . . It was for about 20, 25 minutes.”). While hiding in the bathroom with a gun, see Exhibit F (Affidavit of Benita Lamp), p. 1, ¶ 4; see also id. at Exhibit #1 (“Where’s your gun??” . . . “It’s with me in the bathroom.”), Ms. Butterton called the police and armed her security system, see Exhibit D, p. 7, lines 9–15. See also Exhibit E. Ms. Butterton also messaged her mother and stepfather, indicated to them that she thought she was going to die, and asked them to send someone to help her. See Exhibit E; Exhibit F; Exhibit G (Affidavit of Craig Lamp). See also Exhibit D, p. 7, -20- lines 9–10. Ms. Butterton’s entire text message correspondence with her mother and stepfather is set forth in Exhibit #1 to her mother’s affidavit, see Exhibit F, Exhibit #1, and in Attachment #2 to her own, see Exhibit E, Attachment #2. During this time, Ms. Butterton texted her roommate, Theresa Rawley, and asked her to send help immediately, too. See Exhibit H (Affidavit of Theresa Rawley). Her roommate did so, and a neighbor arrived shortly thereafter. See Exhibit I (Affidavit of Megan Hassall). By this point, Ms. Butterton was visibly “hyperventilating, crying, and not speaking in complete sentences,” see id. at p. 1, ¶ 5, and police described her as being “very upset and in fear[,]” see Exhibit M (MPD Incident No. 2020-0069474), p. 3. Every statement that Ms. Butterton made to 911 was based on her genuine belief as to what occurred. See Exhibit E. Further, neither Ms. Butterton’s mother, nor her stepfather, nor her roommate have any reason to believe that Ms. Butterton was lying about the man at her door, that Ms. Butterton was not genuinely concerned for her safety, or that she was not seeking help in good faith. See Exhibit F, p. 1, ¶ 5 (“Based on the facts that Kortni was hiding in her bathroom with a gun and indicating to me, her mother, that she was afraid for her life, it was clear to me that my daughter was authentically terrified and feared for her safety.”); Exhibit G, ¶ 6 (“While speaking with her, Kortni told me the male subject repeatedly banged on the side of her house, frightening her. There is absolutely no reason that Kortni would lie to me about this.”); Exhibit H, ¶ 17 (“I am not aware of any reason why Kortni would lie to me about what happened or her genuine fear that Carl was at our house trying to find her.”). Further still, contrary to the Plaintiff’s outrageous and flagrantly baseless allegation that Ms. Butterton called the police and attempted to protect herself as part of -21- “a scheme” that was designed “to gain the admiration of other members of the Facebook group,” see Complaint, p. 2, ¶ 10, Ms. Butterton never posted about the incident on the Facebook group at all, see Exhibit E, pp. 3–4, ¶ 17. By the time police arrived, the man at Ms. Butterton’s door had fled. See Exhibit M, p. 3 (“The suspect left before officer arrived to the scene.”). Ms. Butterton remained afraid to stay at her home, however, so she slept at a co-worker’s house. See Exhibit H, ¶ 16 (“Kortni was extremely shaken up about the incident. She told me that she was too scared to sleep at the house, so she would be spending the night at a coworker’s until she felt safe enough to come back.”); Exhibit N (Affidavit of Michelle Glass), p. 2, ¶ 7 (“Because Kortni was scared to stay at her home, my husband and I offered to let her come back to ours and spend the night with us. Kortni accepted and did so.”). Shortly after the incident, Ms. Butterton also contacted an attorney—Rachel Welty—to seek legal assistance. See Exhibit J (Affidavit of Rachel Welty). Based on both Ms. Welty’s advice and the advice given to Ms. Welty by multiple Davidson County assistant district attorneys regarding the incident, Ms. Welty advised Ms. Butterton to file a petition for an order of protection. See id. Ms. Butterton’s complete correspondence with Ms. Welty is set forth at Attachment #1 to Ms. Welty’s affidavit. See id. at Attachment #1. Ms. Butterton was additionally advised by her counsel that she could pursue criminal charges against the Plaintiff, see Exhibit J, p. 3, ¶ 12, but because Ms. Butterton was exclusively concerned with protecting herself, she declined to pursue criminal charges and only petitioned for an order of protection. See id. (“Because Ms. Butterton was solely seeking to protect herself from harm, however, she was not interested in pursuing criminal charges against Mr. Vonhartman.”). See also Exhibit E, pp. 2–3, ¶ 12 (“Based on what had occurred, I was advised by my attorney to file a petition for an order of -22- protection against the Plaintiff. I was additionally advised by my attorney that I could pursue criminal charges against the Plaintiff. Because I was exclusively concerned with protecting myself, however, I opted only to file a petition for an order of protection and did not pursue criminal charges. Acting on the advice I received from my counsel, I also followed my attorney’s instructions regarding how to petition for an order of protection, and on January 30, 2020, I did so.”). On January 30, 2020—the day after being terrorized at her home—Ms. Butterton filed a petition for an order of protection as advised by her counsel. See Exhibit K; Exhibit E; Exhibit J. Based on the allegations in Ms. Butterton’s petition—for which Ms. Butterton has been sued for libel, see Complaint p. 5, ¶ 32; id. at ¶¶ 31–32 (Count IV)—the Davidson County General Sessions Court granted a Temporary Order of Protection for good cause shown. See Exhibit K (“The Court finds good cause and will issue a Temporary Order of Protection.”) (emphasis added); see also id. (“The Court having reviewed the Petition for Temporary Order of Protection and finding, pursuant to T.C.A. §36-3-605(a), that Kortni Butterton, Petitioner, is under an immediate and present danger of abuse from Carl Albert Vonhartman, Respondent, and good cause appearing, the Court issues the following . . . .”) (emphasis added). A hearing on Ms. Butterton’s Petition for an Order of Protection was held on February 10, 2020, a transcript of which is attached hereto as Exhibit D. Ms. Butterton’s testimony, for which she has also been sued, is set forth at pages 4 through 18. See id. Critically, at no point during the hearing on Ms. Butterton’s Petition for an Order of Protection did the Plaintiff assert that Ms. Butterton was lying about the fact that a man who looked like the Plaintiff appeared at her home mere hours after the Plaintiff threatened “war” regarding the Facebook posts over which the Plaintiff had also -23- threatened to sue Ms. Butterton a single day before. See generally Exhibit D. Indeed, the Plaintiff, through counsel, openly acknowledged that: “I don’t know if somebody was there,” id. at p. 51, line 11; and that: “maybe she just got so scared that she wanted this to be real,” id. at lines 11–12. In other words, Plaintiff’s counsel took the position that because the Plaintiff was not there, the Plaintiff has “no idea” what happened at Ms. Butterton’s home that afternoon. Id. at line 15. In support of the Plaintiff’s claim of mistaken identity, the Plaintiff also relied heavily upon self-interpreted cell phone location data that purported to demonstrate that the Plaintiff was at the gym or at his home during the relevant time period. See id. at p. 38, line 4–p. 43, line 11. Three days after the hearing at issue, the Plaintiff additionally retained LogicForce to prepare a report to that effect. See Complaint, Exhibit #1 (“On February 2013, 2020, LogicForce was engaged by Brazil Clark, PLLC for the purpose of performing analysis on Mr. Carl Vonhartman’s mobile device.”). Even taken at face value, however, the post-hearing LogicForce report at issue (hereinafter, the “Post-Hearing Report”) indicates the location of the Plaintiff’s cell phone, not the location of the Plaintiff himself. See id. (noting that the report purports to identify “locations of the device”). The Post-Hearing Report also was not completed according to industry standards as its author represented, compare Complaint, Exhibit #1 (representing that the Post-Hearing Report was conducted “using the best forensic practices at the time of extraction”) with Exhibit O (Affidavit of John Morris) (noting multiple instances in which the Post-Hearing Report failed to adhere to industry standard best practices), and it suffers from myriad readily apparent flaws that result in it being “fatally incomplete and unreliable,” see Exhibit O. For example, the Post-Hearing Report fails to identify the analysis tool utilized, which “would impact the veracity of the -24- results and the comprehensiveness of digital artifacts recovered[,]” see id.; it fails to indicate whether the proper time zone conversion was utilized, see id.; it uses a location tool that “is neither the only one” available nor “in isolation, the most reliable” to identify the cell phone’s location, see id.; it fails to account for the ease with which iPhone GPS data can be faked or “spoofed[,]” see id.; and it does not account for the apparent fact that the Plaintiff has more than one mobile phone, see Exhibit P (Carl Vonhartman Comprehensive Investigative Report), p. 2 (noting 91% probability that the Plaintiff uses cell phone number 615-720-8092 and 86% probability that the Plaintiff uses cell phone number 615-612-9926). At the conclusion of the hearing on Ms. Butterton’s Petition for an Order of Protection, the General Sessions Court denied the petition. See Exhibit D, p. 55, line 2; Exhibit L (Dismissal of Order of Protection, Davidson Cty. Cir. Ct. Case No. 20OP250). The General Sessions Court specifically held, however, that: “I’m not denying that you feel scared, and that you are afraid. . . . I’m not saying somebody didn’t show up at your house. . . . I’m just saying that there is not enough proof that there is stalking, and that this man was there.” Exhibit D at p. 54, line 14–p. 55, line 1. In a written order, the General Sessions Court additionally declined to find that the requirements of Tennessee Code Annotated § 36-3-617(a)(2)—which governs the assessment of a respondent’s attorney’s fees against a petitioner—had been established. See Exhibit L, p. 2 (declining to make requisite finding regarding attorney’s fees); see also id. (ordering that “the costs and litigation tax of this cause are not taxed to [Ms. Butterton].”) (emphasis added). Thereafter, this action followed. -25- V. ARGUMENT A. THE PLAINTIFF HAS FAILED TO STATE ANY COGNIZABLE CLAIM FOR RELIEF AS A MATTER OF LAW. 1. The Plaintiff’s slander claim premised upon Ms. Butterton’s testimony in Davidson County General Sessions Case No. 20OP250 is barred by the absolute testimonial privilege. The Plaintiff has sued Ms. Butterton for slander on the basis that she “testified in court on February 10, 2020,” and that during her testimony, “she repeated the false statements from her 911 call in open court and in front of the camera from WSMV News Channel 4.” See Complaint, p. 4, ¶ 29. Independent of its absent factual merit, however, the Plaintiff’s claim for slander based on Ms. Butterton’s testimony in Davidson County General Sessions Court Case No. 20OP250 is categorically barred by Tennessee’s absolute testimonial privilege. See Wilson, 778 S.W.2d at 453. Accordingly, the Plaintiff’s testimony-based slander claim must be dismissed for failure to state a claim upon which relief can be granted. See Crews, 78 S.W.3d 852 at 857. Tennessee affords witnesses absolute immunity for testimony given during a judicial proceeding. See Wilson, 778 S.W.2d at 453 (“It is a well-settled proposition of law in this jurisdiction that the testimony of a witness given in a judicial proceeding is absolutely privileged. Therefore, no civil action for damages may lie against a witness based upon his testimony in a case, though his testimony may have been damaging to one of the parties of the lawsuit in which he testified.”) (collecting cases). Indeed, based on this “well-settled” body of law, see id., Tennessee has categorically and continuously forbidden such claims for nearly two centuries. See Lea, 36 Tenn. at 114; Cooley v. Galyon, 70 S.W. 607, 607 (Tenn. 1902). Here, the Plaintiff’s own Complaint reflects that he is suing Ms. Butterton for -26- statements that she made while she “testified in court on February 10, 2020[.]” See Complaint, p. 4, ¶ 29. Because “the testimony of a witness given in a judicial proceeding is absolutely privileged” from suit, however, see Wilson, 778 S.W.2d at 453, the Plaintiff’s testimony-based slander claim is categorically barred as a matter of law. See id. As such, “the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief[,]” and Ms. Butterton’s motion to dismiss the Plaintiff’s testimony-based slander claim must be granted. See Crews, 78 S.W.3d at 857. 2. The Plaintiff’s libel claim—premised upon Ms. Butterton’s Petition for an Order of Protection in Davidson County General Sessions Case No. 20OP250—is barred by both the absolute testimonial privilege and the absolute litigation privilege. The Plaintiff has also sued Ms. Butterton for libel on the basis that she “swore to the allegations in her Petition for [an] Order of Protection,” which the Plaintiff alleges were false. See Complaint, p. 5, ¶ 32. As noted above, however, the absolute testimonial privilege categorically immunizes sworn statements given in a judicial proceeding from suit. Wilson, 778 S.W.2d at 453. Accordingly, the absolute testimonial privilege forecloses—as a matter of law—the Plaintiff’s libel claim premised upon the “swor[n] . . . allegations in [Ms. Butterton’s] Petition for Order of Protection” as well. See Complaint, p. 5, ¶ 32. Further—and independently—the Plaintiff’s libel claim is barred by the absolute litigation privilege, which separately guarantees litigants “the freedom to institute an action without fear of being sued based on statements made in the course of the proceeding[.]” See Goetz, 2016 WL 537818, at *10. Without exception, “‘statements made in the course of a judicial proceeding that are relevant and pertinent to the issues involved are absolutely privileged and cannot be the predicate for liability in an action for libel, -27- slander, or invasion of privacy.’” Id. (quoting Jones, 426 S.W.3d at 57) (in turn quoting Lambdin Funeral Serv., 559 S.W.2d at 792). The litigation privilege, too, is among those absolute privileges that the Tennessee Supreme Court “has long accepted” as settled law. See Simpson-Strong Tie Co. v. Stewart, Estes & Donnell, 232 S.W.3d 18, 23 (Tenn. 2007) (“[T]his Court has long accepted the litigation privilege as an important tool in the pursuit of justice.”). Being absolute in nature, the litigation privilege also “holds true even when the statements are made maliciously or corruptly.” Goetz, 2016 WL 537818, at *10. As the Tennessee Court of Appeals has explained: Underlying the litigation privilege is the policy that access to the judicial process and the freedom to institute an action without fear of being sued based on statements made in the course of the proceeding is “so vital and necessary to the integrity of our judicial system that it must be made paramount to the right of an individual to a legal remedy where he [or she] has been wronged thereby.” Id. (citing Issa v. Benson, 420 S.W.3d 23, 28 (Tenn. Ct. App. 2013) (in turn quoting Jones v. Trice, 360 S.W.2d 48, 51 (Tenn. 1962))). Notwithstanding the similarly “long accepted” and absolute litigation privilege, though, see Simpson-Strong Tie Co., 232 S.W.3d at 23, the Plaintiff has inexplicably sued Ms. Butterton for allegedly “false written statements” contained “in her Petition for [an] Order of Protection” in Davidson County General Sessions Case No. 20OP250. See Complaint, p. 5, ¶ 32 (emphasis added). As a consequence, the litigation privilege unmistakably forecloses the Plaintiff’s libel claim. See Goetz, 2016 WL 537818, at *10. See also Lambdin Funeral Serv., 559 S.W.2d 791 at 792; Simpson-Strong Tie Co., 232 S.W.3d at 23. The Plaintiff’s libel claim must be dismissed as a consequence. See id. Notably, in Henrick v. Mealor, No. 3:18-CV-00621, 2019 WL 3027013, at *3 (M.D. Tenn. July 11, 2019), no app. filed, the Middle District of Tennessee recently dispatched -28- a near-identical state law defamation claim based on Tennessee’s litigation privilege, noting: As for the statement that Mr. Mealor stalked Mrs. Henrick, the Court notes that, in an earlier paragraph of the Third-Party Complaint, Mr. Mealor alleges Mrs. Henrick filed a petition for an order of protection against him swearing that he “stalked her and her children.” (Id.) Thus, Mr. Mealor’s own pleading establishes the litigation privilege applies to that statement because it was made as part of a state judicial proceeding seeking an order of protection, and was relevant to that proceeding. Having determined the litigation privilege applies to the defamatory statements alleged in the counterclaim and third-party claim, the Court concludes those claims should be dismissed. Id. The same result is compelled here for the same reason. See id. Accordingly, the litigation privilege bars the Plaintiff from suing Ms. Butterton for libel based on the statements set forth in her Petition for an Order of Protection, and the Plaintiff’s libel claim must be dismissed with prejudice under Tennessee Rule of Civil Procedure 12.02(6) for failure to state a cognizable claim for relief as a consequence. 3. The Plaintiff’s malicious prosecution claim is barred as a matter of law by both Tennessee Code Annotated § 36-3-617(a)(2) and the doctrine of res judicata. To ensure “a judicial process free from the fear of liability stemming from statements or actions made in the course of the proceedings[,]” litigants cannot recover for “an emotional injury in the regular course of adversarial litigation[.]” Goetz, 2016 WL 537818, at *10. To be sure, though, the Plaintiff’s malicious prosecution claim is not limited to an emotional injury. See Complaint, p. 5, ¶ 33(b). Instead, the Plaintiff also seeks “[a]ttorney’s fees incurred defending the petition for Order of Protection[.]” Id. Unfortunately for the Plaintiff, however, Tennessee Code Annotated § 36-3-617 forecloses the Plaintiff’s claim for attorney’s fees incurred in defending against the -29- petition for an order of protection at issue as well. By statute, § 36-3-617 governs the assessment of costs and fees—including attorney’s fees—regarding order of protection proceedings. It also applies “[n]otwithstanding any other law to the contrary[.]” See TENN. CODE ANN. § 36-3-617(a)(1). As such, § 36-3-617 displaced “any preexisting law” regarding the allocation of costs in order of protection proceedings, see Tenn. Op. Att’y Gen. No. 96-062 (Apr. 8, 1996), which necessarily includes the Plaintiff’s common law claim for malicious prosecution. In enacting Tennessee Code Annotated § 36-3-617, the General Assembly made clear that “[t]he purpose for this provision is to make certain that those victims who may not have funding readily available, as victims of domestic violence, can make sure that they can go ahead and have access and protection that the court provides.” See Tenn. Op. Att’y Gen. No. 96-062 (Apr. 8, 1996). Thus, to ensure that litigants like Ms. Butterton can seek orders of protection without fear of being saddled with either costs or a respondent’s “[a]ttorney’s fees incurred defending the petition for Order of Protection[,]” see Complaint, p. 5, ¶ 33(b)—in other words, to prevent precisely what the Plaintiff seeks here, see id.—Tennessee Code Annotated § 36-3-617(a)(2) affords petitioners in order of protection proceedings statutory protection against claims for attorney’s fees absent two specifically enumerated circumstances that must be found by the reviewing court “by clear and convincing evidence[.]” Id. Specifically, Tennessee Code Annotated § 36-3-617(a)(2) provides that “court costs, filing fees, litigation taxes and attorney fees” may only be assessed against a petitioner in an order of protection proceeding if the court makes the following finding by clear and convincing evidence: (A) The petitioner is not a domestic abuse victim, stalking victim or -30- sexual assault victim and that such determination is not based on the fact that the petitioner requested that the petition be dismissed, failed to attend the hearing or incorrectly filled out the petition; and (B) The petitioner knew that the allegation of domestic abuse, stalking, or sexual assault was false at the time the petition was filed. Critically, after adjudicating Ms. Butterton’s Petition for an Order of Protection, the Davidson County General Sessions Court expressly declined to make these findings. See Exhibit L, p. 2 (declining to make requisite finding); see also id. (ordering that “the costs and litigation tax of this cause are not taxed to [Ms. Butterton].”) (emphasis added). The Plaintiff also judicially admits that the proceedings in Davidson County General Sessions Case No. 20OP250 are final and have “terminated[.]” See Complaint, p. 3, ¶ 25. The Plaintiff further admits that he was a party to Davidson County General Sessions Case No. 20OP250, see id.; see also id. at p. 2, ¶ 13, which afforded him a full and fair opportunity to litigate the issue of attorney’s fees and resulted in the issue being decided against him. See id. at p. 3, ¶ 14. Given these facts, the Plaintiff’s malicious prosecution claim is barred as a matter of law by both Tennessee Code Annotated § 36-3-617(a)(2) and application of the doctrine of res judicata. “Res judicata is a claim preclusion doctrine that promotes finality in litigation.” Young v. Barrow, 130 S.W.3d 59, 64 (Tenn. Ct. App. 2003). In particular, the doctrine precludes “a second suit between the same parties or their privies on the same cause of action with respect to all the issues which were or could have been litigated in the former suit.” Id. (collecting cases). Res judicata applies when “the prior judgment [concluded] the rights of the parties on the merits.” Id. (citations omitted). A party asserting a res judicata defense must prove: “(1) that a court of competent jurisdiction rendered the prior judgment, (2) that -31- the prior judgment was final and on the merits, (3) that both proceedings involved the same parties or their privies, and (4) that both proceedings involved the same cause of action.” Id. (citing Lee v. Hall, 790 S.W.2d 293, 294 (Tenn. Ct. App. 1990)). Here, all four elements are easily established. Specifically, the Davidson County General Sessions Court had jurisdiction to rule on the assessment of attorney’s fees; it rendered a final judgment on the merits of the issue; the case involved the same parties to this case; and the General Sessions Court adjudicated and ruled—adversely to the Plaintiff—that an award of attorney’s fees regarding Ms. Butterton’s Petition for an Order of Protection was improper. See Exhibit L, p. 2. As such, the Plaintiff’s malicious prosecution claim for “[a]ttorney’s fees incurred defending the petition for Order of Protection[,]” see Complaint, p. 5, ¶ 33(b), is barred by Tennessee Code Annotated § 363-617(a)(2) and the doctrine of res judicata, and it must be dismissed for failure to state a claim as a consequence. 4. The Plaintiff’s claim for slander based on unspecified “false statements” that the Plaintiff alleges Ms. Butterton made to the police when she “called 911 on January 29, 2020” fails to state a claim as a matter of law. For his fourth cause of action, the Plaintiff has sued Ms. Butterton for slander based on unspecified “false statements” that the Plaintiff alleges Ms. Butterton made to the police when she “called 911 on January 29, 2020[.]” See Complaint, p. 4, ¶ 27. The Plaintiff’s Complaint also specifically alleges that Ms. Butterton’s 911 call was part of a nefarious pre-litigation “scheme” that Ms. Butterton devised “to ruin [the Plaintiff’s] reputation.” See Complaint, p. 2, ¶¶ 10–11. For both of the reasons set forth below, the Plaintiff’s 911-based slander claim similarly fails to state a cognizable claim for relief as a matter of law, and it must be dismissed accordingly. -32- a. Communications preliminary to proposed litigation are protected by the absolute litigation privilege. The Plaintiff’s Complaint alleges that Ms. Butterton’s 911 call was part of a prelitigation “scheme.” See id. As detailed below, despite being contrived and enjoying no basis in reality, this allegation functions to bring the call within the ambit of the absolute litigation privilege. Henrick, 2019 WL 3027013, at *3 (“Having determined that the allegedly defamatory statements were made preliminary to proposed litigation and were relevant to the litigation, the Court concludes the litigation privilege applies to bar the defamation counterclaim.”). The Plaintiff’s claim must be dismissed as a consequence. The absolute litigation privilege applies not only to communications made during litigation, but also “to communications preliminary to proposed or pending litigation.” Myers, 959 S.W.2d 152 at 161. Specifically, in Myers v. Pickering, the Tennessee Court of Appeals explained that: In Jones v. Trice, 210 Tenn. at 535, 360 S.W.2d at 48, our Supreme Court strongly endorsed a liberal application of the absolute privilege accorded to publication of defamatory matters in connection with judicial proceedings. . . . The Court’s reliance in Jones on the Restatement of Torts also indicates its willingness to extend the doctrine to communications preliminary to proposed or pending litigation. Therefore, we hold that Pickering's Report as published to LSSM is absolutely privileged.” Id. (emphasis added). Subsequent decisions interpreting Myers confirm beyond dispute that the case “expressly stands for the proposition that ‘communications preliminary to proposed or pending litigation’ are absolutely privileged.” See Phillips, 2008 WL 836161, at *8 (quoting Myers, 959 S.W. at 161). See also Kilgore, 2019 WL 6002126, at *5. As noted above, the Plaintiff has specifically alleged in his Complaint that Ms. Butterton’s call to 911 was part of a pre-litigation “scheme.” See Complaint, p. 2, ¶¶ 10– 11. For present purposes, the allegation is treated as a binding judicial admission that is -33- conclusive against the Plaintiff. See, e.g., First Tenn. Bank, N.A. v. Mungan, 779 S.W.2d 798, 801 (Tenn. Ct. App. 1989); Irvin v. City of Clarksville, 767 S.W.2d 649, 653 (Tenn. Ct. App. 1988). As a consequence, the Plaintiff’s asserted theory that Ms. Butterton’s call to 911 was directly connected to her forthcoming litigation and served as a pre-litigation communication brings the claim within the ambit of Tennessee’s absolute litigation privilege. See Phillips, 2008 WL 836161, at *8; cf. Simpson Strong-Tie Co., 232 S.W.3d at 24 (noting that “the privilege applies only when there is a reasonable nexus between the publication in question and the litigation under consideration.”). Application of that privilege compels dismissal of the Plaintiff’s 911-based slander claim as a matter of law. b. The alleged statements in the 911 call over which the Plaintiff has sued Ms. Butterton are not defamatory as a matter of law. To survive a motion to dismiss, a claimed defamation must, at minimum, be capable of conveying a defamatory meaning. Cf. Loftis v. Rayburn, No. M2017-01502COA-R3-CV, 2018 WL 1895842, at *9 (Tenn. Ct. App. Apr. 20, 2018) (“the statements at issue must be capable of implying a defamatory meaning to survive a motion to dismiss”), no app. filed. Crucially, “whether a communication is capable of conveying a defamatory meaning is a question of law for the court to decide in the first instance[.]” Brown, 393 S.W.3d at 708. See also Aegis Scis. Corp., 2013 WL 175807, at *6 (“[T]he preliminary question of whether a statement ‘is capable of conveying a defamatory meaning’ presents a question of law.” (quoting Revis, 31 S.W.3d at 253)); McWhorter, 132 S.W.3d at 364 (“The question of whether [a statement] was understood by its readers as defamatory is a question for the jury, but the preliminary determination of whether [a statement] is ‘capable of being so understood is a question of law to be determined by the court.’” (quoting Memphis Publ’g Co., 569 S.W.2d at 419)). As such, the Plaintiff’s allegation that -34- the statements Ms. Butterton made to 911 were defamatory represents a question of law that must be decided by this Court without any deference to the Plaintiff’s characterizations of them. See Brown, 393 S.W.3d at 708–09 (“The issue of whether a communication is capable of conveying a defamatory meaning is a question of law for the court to decide in the first instance . . . To make this determination, courts ‘must look to the words themselves and are not bound by the Plaintiffs’ interpretation of them.’” (quoting Stones River Motors, Inc. v. Mid-S. Pub. Co., 651 S.W.2d 713, 719 (Tenn. Ct. App. 1983), abrogated on other grounds by Zius v. Shelton, No. E199901157COAR9CV, 2000 WL 739466, at *1 (Tenn. Ct. App. June 6, 2000), no app. filed)); Moman v. M.M. Corp., No. 02A01-9608-CV00182, 1997 WL 167210, at *3 (Tenn. Ct. App. Apr. 10, 1997), no app. filed (“If the words are not reasonably capable of the meaning the plaintiff ascribes to them, the court must disregard the latter interpretation.” (citing Stones River Motors, 651 S.W.2d at 719)). Further, every statement that the Plaintiff insists is defamatory “should be read as a person of ordinary intelligence would understand it in light of the surrounding circumstances.” Aegis Scis. Corp., 2013 WL 175807, at *6 (quoting Revis, 31 S.W.3d at 253) (cleaned up). Here, the Plaintiff specifically contends that Ms. Butterton slandered him by falsely telling 911 that the Plaintiff was: “[1] present at her home, [2] ringing her doorbell, [3] banging on the walls of her house, and [4] looking through her windows.” See Complaint, p. 2, ¶ 11. None of these statements, however, is capable of conveying a defamatory meaning as a matter of law. Instead, the statements over which the Plaintiff has sued Ms. Butterton were—at most—“‘annoying, offensive or embarrassing[,]’” see Davis v. Covenant Presbyterian Church of Nashville, No. M2014-02400-COA-R9-CV, 2015 WL 5766685, at *3 (Sept. 30, 2015) (quoting Brown, 393 S.W.3d at 708), perm. to app. denied -35- (Tenn. Feb. 18, 2016), and the Plaintiff’s slander claim must be dismissed for failure to state a claim as a consequence. To provide substantial breathing room to promote unfettered communication, Tennessee’s courts have long held that statements that are merely “‘annoying, offensive or embarrassing’” are categorically inactionable as defamation. Id. “[T]he crux of freespeech rights is that generally they can be exercised even if (and perhaps especially when) they cause disruption and disharmony.” Bennett v. Metro. Gov’t of Nashville & Davidson Cty., No. 3:17-CV-00630, 2019 WL 1572932, at *12 (M.D. Tenn. Apr. 11, 2019), no app. filed. Consequently, [f]or a communication to be [defamatory], it must constitute a serious threat to the Plaintiffs’ reputation. A [defamation] does not occur simply because the subject of a publication finds the publication annoying, offensive or embarrassing. The words must reasonably be construable as holding the plaintiff up to public hatred, contempt or ridicule. They must carry with them an element “of disgrace.” Covenant Presbyterian Church, 2015 WL 5766685, at *3 (quoting Brown, 393 S.W.3d at 708) (emphases added). Even construed liberally, the statements in the 911 call over which the Plaintiff has sued Ms. Butterton are—at most—merely “‘annoying, offensive or embarrassing’”— deficiencies that render them inactionable. See id. Simply stated: Ms. Butterton’s alleged statements that the Plaintiff was “present at her home, ringing her doorbell, banging on the walls of her house, and looking through her windows[,]” see Complaint, p. 2, ¶ 11, do not constitute a serious threat to the Plaintiff’s reputation, and they certainly do not carry with them an element of “disgrace.” See Covenant Presbyterian Church, 2015 WL 5766685, at *3 (quoting Brown, 393 S.W.3d at 708). Indeed, far more offensive statements than those over which the Plaintiff has sued Ms. Butterton have been held to -36- be non-defamatory within this jurisdiction fairly recently. See, e.g., Riley v. Reagan, Davidson Cty. Cir. Ct. Case No. 2016-CV-479 (Sept. 12, 2016 Memorandum Opinion of Judge McClendon Granting Motion to Dismiss), pp. 9–11 (finding statements that a plaintiff “could easily [have] stalked or threatened or harassed” someone online and had “their house targeted,” that a plaintiff “went after [her] child,” “has absolutely no issue with hurting a child . . . in order to further his political agenda,” and “thought it was ok to harass a 12 year old girl” were not defamatory as a matter of law). Similarly, as the Middle District of Tennessee observed in a similar and even more recent case: The allegation that being accused of threatening behavior damaged Plaintiff’s reputation with “other case managers, staff and management” who have access to his “record in the computer” (Doc. No. 1 at 13) simply fails to state a nonfrivolous claim of defamation. See Ali v. Moore, 984 S.W.2d 224, 229 (Tenn. Ct. App. 1998) (finding that libel claims based on depictions that do not subject plaintiff to “ ‘public hatred, contempt or ridicule’ and, thus, do not constitute a ‘serious threat to [his] reputation’” are frivolous). Montgomery v. Whidbee, No. 3:19-CV-00747, 2020 WL 1285430, at *9 (M.D. Tenn. Mar. 18, 2020). Thus, notwithstanding the Plaintiff’s own characterizations of the statements at issue, none of the statements referenced in Ms. Butterton’s 911 call is capable of conveying a defamatory meaning as a matter of law. Accordingly, the Plaintiff’s slander-based 911 claim must be dismissed for failure to state a claim. See id. B. THE PLAINTIFF’S COMPLAINT SHOULD TENNESSEE PUBLIC PARTICIPATION ACT. BE DISMISSED PURSUANT TO THE 1. Applicability of the Tennessee Public Participation Act The TPPA provides that “[i]f a legal action is filed in response to a party’s exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action” subject to the TPPA’s specialized provisions. TENN. -37- CODE ANN. § 20-17-104(a). 29 Under Tennessee Code Annotated § 20-17-103(3), “‘[e]xercise of the right of free speech’ means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution[.]” In turn, Tennessee Code Annotated § 20-17-103(6) provides that: “Matter of public concern” includes an issue related to: (A) Health or safety; (B) Environmental, economic, or community well-being; (C) The government; (D) A public official or public figure; (E) A good, product, or service in the marketplace; (F) A literary, musical, artistic, political, theatrical, or audiovisual work; or (G) Any other matter deemed by a court to involve a matter of public concern[.] Id. (emphases added). Additionally, pursuant to Tennessee Code Annotated § 20-17-103(4): “Exercise of the right to petition” means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and: (A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or (B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body[.] 29 The petition “may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court’s discretion, at any later time that the court deems proper.” TENN. CODE ANN. § 20-17-104(b). As a consequence, having been filed within sixty (60) days of service, Ms. Butterton’s Tennessee Public Participation Act petition to dismiss this action is timely filed. See id. -38- Id. (emphases added). 2. Grounds for Granting Ms. Butterton’s TPPA Petition “The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party’s exercise of the right to free speech, right to petition, or right of association.” TENN. CODE ANN. § 20-17-105(a). Here, given that the verbal and written communications over which Ms. Butterton has been sued, at minimum: (1) involved health or safety; (2) involved community well-being; (3) involved a matter of public concern; and (4) were intended to encourage consideration and review of an issue by a state or local legislative executive, judicial, or other governmental body (and succeeded in doing so), this action qualifies as one filed in response to Ms. Butterton’s “exercise of the right of free speech” and her “exercise of the right to petition” under the TPPA in several independent regards. See TENN. CODE ANN. §§ 20-17-104(a); 20-17-103(3); 20-17-103(6)(A), (B), & (G); 20-17103(4)(A). Indeed, anti-SLAPP provisions like the TPPA “potentially may apply to every malicious prosecution action, because every such action arises from an underlying lawsuit, or petition to the judicial branch.” Jarrow Formulas, Inc. v. LaMarche, 74 P.3d 737, 741 (Cal. 2003) (emphasis added). Thus, Ms. Butterton having met her initial burden of production under Tennessee Code Annotated § 20-17-105(a), this Court “shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” TENN. CODE ANN. § 20-17-105(b). Separately, “[n]otwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.” TENN. CODE ANN. § 20-17-105(c). In -39- support of her defenses to this action, Ms. Butterton has appended attached Exhibits A– R to her Petition to support the defenses raised above and to further establish each of the additional valid defenses that follow. a. Evidence Supporting Defenses Raised in Ms. Butterton’s Motion to Dismiss Ms. Butterton expressly incorporates into this Petition each defense set forth above in support of her motion to dismiss. Further, to the extent that the Plaintiff’s Complaint successfully alleges any claim on its face, Ms. Butterton has appended outcomedeterminative evidence to support her defenses that relief cannot be granted as to any of them. In particular, Ms. Butterton has introduced: (1) As Exhibit D to this Petition the transcript of proceedings in Case No. 20OP250, evidencing that the Plaintiff’s slander claim (Count III) arises out of testimony that Ms. Butterton gave during a judicial proceeding, see id. at pp. 4–18, which is absolutely privileged from suit under the testimonial privilege. See Wilson, 778 S.W.2d at 453 (“It is a well-settled proposition of law in this jurisdiction that the testimony of a witness given in a judicial proceeding is absolutely privileged. Therefore, no civil action for damages may lie against a witness based upon his testimony in a case, though his testimony may have been damaging to one of the parties of the lawsuit in which he testified.”) (collecting cases). (2) As Exhibit K to this Petition, the Petition for Order[] of Protection that Ms. Butterton filed in Davidson County Case No. 20OP250, evidencing that the Plaintiff’s libel claim (Count IV) arises out of statements made in a pleading and is thus barred by the absolute litigation privilege. See, e.g., Goetz, 2016 WL 537818, at *10; Lambdin Funeral Serv., 559 S.W.2d at 792. -40- (3) As Exhibit L to this Petition the Davidson County General Sessions Court’s Order in Case No. 20OP250, wherein the court expressly declined to make the requisite finding under Tennessee Code Annotated § 36-3-617(a)(2) that attorney’s fees could be assessed against Ms. Butterton and further held that “the costs and litigation tax of this cause are not taxed to the Petitioner[,]” see id. at p. 2, which render the issue of “[a]ttorney’s fees incurred defending the petition for Order of Protection” res judicata and preclude the Court from granting the Plaintiff’s claim for relief with respect to Count I. See Complaint, p. 5, ¶ 33(b). (4) As Exhibit Q to this Petition the 911 call over which Ms. Butterton has been sued for slander, which does not contain any defamatory statements and precludes the Plaintiff’s slander claim (Count II) as a matter of law. b. Four independent and outcome-determinative defenses preclude the Plaintiff’s malicious prosecution claim. In order to establish a malicious prosecution claim, a plaintiff must initially prove both: (1) that “a prior suit or judicial proceeding was instituted without probable cause,” and (2) that “[the] defendant brought such prior action with malice[.]” Roberts, 842 S.W.2d at 247–48 (Tenn. 1992). Significantly, given overriding public policy interests, see Himmelfarb, 380 S.W.3d at 41 (“The threat of a malicious prosecution action may reduce the public’s willingness to resort to the court system for settlement of disputes. We decline to adopt a rule that would deter litigants with potentially valid claims from filing those claims because they are fearful of a subsequent malicious prosecution action.”) (citation omitted), there is also “a heavy burden of proof on the plaintiff in malicious prosecution actions in establishing malice and lack of probable cause[,]” Kauffman, 448 S.W.2d at 404 (citing Lipscomb, 33 S.W. 818). -41- For the four reasons detailed below, the Plaintiff’s malicious prosecution fails, because the Plaintiff cannot establish either probable cause or malice—much less both. The Plaintiff’s malicious prosecution claim must be dismissed accordingly. i. Ms. Butterton’s Petition for an Order of Protection was filed on the advice of counsel. “The defendant in a malicious prosecution lawsuit may establish the existence of probable cause by demonstrating that he or she relied on the advice of counsel in initiating the underlying proceedings.” Preston, 2015 WL 3455384, at *5 (citing Sullivan, 678 S.W.2d at 911). See also Cooper, 84 S.W. at 802 (stating that the purpose of the advice of counsel defense is to “establish the existence of probable cause”). Of note, in addition to advice provided by retained counsel, “[t]he district attorney general is counsel whose advice can constitute a defense to a malicious prosecution action” as well. See Spicer v. Thompson, No. M2002-03110-COA-R3-CV, 2004 WL 1531431, at *25 (Tenn. Ct. App. July 7, 2004) (citing Cooper, 84 S.W. 801), perm. to app. denied (Tenn. Dec. 20, 2004). In the instant case, Ms. Butterton can establish beyond any dispute that she relied on the advice of counsel when she filed the Petition for an Order of Protection upon which the Plaintiff’s malicious prosecution claim is based. To validate that defense, in addition to her own affidavit establishing that she relied upon the advice of counsel, see Exhibit E, Ms. Butterton has appended as Exhibit J to this Petition an affidavit from her attorney, Ms. Welty, demonstrating that Davidson County General Sessions Case No. 20OP250 was initiated upon Ms. Welty’s advice. Id. Ms. Welty’s affidavit also includes, as an attachment, Ms. Butterton’s entire written correspondence with Ms. Welty in advance of filing her Petition for an Order of Protection. See Exhibit J, Attachment #1. Further, as evidenced by both Ms. Welty’s affidavit and her written -42- correspondence with Ms. Butterton regarding the order of protection, the advice that Ms. Welty provided to Ms. Butterton as her counsel was informed by advice provided by multiple other attorneys, including assistant district attorneys. See id. Ms. Welty’s affidavit and her correspondence with Ms. Butterton further reflect that Ms. Butterton: (1) sought the advice of counsel in good faith, (2) disclosed all material facts relating to her petition that were or could have been known to her through reasonable diligence, and (3) filed her Petition for an Order of Protection based on her counsel’s advice. See id.; see also Exhibit E. Cf. Preston, 2015 WL 3455384, at *5. In light of the above, Ms. Butterton can “establish the existence of probable cause by demonstrating that [] she relied on the advice of counsel in initiating the underlying proceedings” over which she has been sued. See id. As such, the Plaintiff cannot prove an essential element of his malicious prosecution claim, and the Plaintiff’s malicious prosecution claim must be dismissed with prejudice as a consequence. See TENN. CODE ANN. § 20-17-105(c). ii. Independent of the advice of counsel, Ms. Butterton had probable cause to file a petition for an order of protection. For purposes of a malicious prosecution claim, “[p]robable cause exists where the party that instituted the underlying proceedings had a reasonable belief in the existence of facts supporting his or her claim and a reasonable belief that those facts made out a legally valid claim.” Preston, 2015 WL 3455384, at *4. Further, “[t]he reasonableness of the party’s belief is an objective determination made in light of the facts and circumstances at the time the underlying proceedings were initiated.” Id. (citing Roberts, -43- 842 S.W.2d at 248). 30 Here, there is overwhelming evidence that Ms. Butterton had probable cause to file a petition for an order of protection. Just the day before the incident at issue, the Plaintiff expressed anger with Ms. Butterton and even threatened to sue her if she “ke[pt] running [her] mouth” about him on a private Facebook group for single women. See Exhibit D, p. 12, lines 16–23. Further, mere hours before the incident at issue, the Plaintiff repeatedly threatened “war” regarding the posts about him on the Facebook group at issue, see Exhibit C, Attachment #1 (“I’m not going to sit by and let this happen. You’ve started a war with the wrong man . . . I’ll say it again, you’re starting a war with the wrong man. . . . If it’s a war you want then that’s what you’re going to get[.]”), and he further indicated that he had both the means and the inclination to determine where those he deemed responsible lived. See id. (“You told me by the end of today you would know where I live, where I work and who I am and you would come after me.”). The Plaintiff also continuously attempted to make contact with Ms. Butterton on social media during this time, even though she kept trying to block him from contacting her. See Exhibit D, p. 8, lines 1–4. See also Exhibit E. Thereafter, a man who looked like the Plaintiff, see Exhibit D, p. 6, lines 20–22, and who was wearing a hat that looked like one that the Plaintiff had worn in one of his Instragram posts, see id. at p. 17, lines 11–21, showed up at Ms. Butterton’s home uninvited and unannounced, see id. at p. 6, lines 20–23, even though neither Ms. Butterton nor her roommate was expecting anyone. As other jurisdictions describe this standard: “Probable cause is a low threshold designed to protect a litigant’s right to assert arguable legal claims even if the claims are extremely unlikely to succeed[,]” and as a result, the standard for establishing probable cause in a malicious prosecution action is a “rather lenient” one that is considered “equivalent to that for determining the frivolousness of an appeal[.]” Plumley v. Mockett, 164 Cal. App. 4th 1031, 1047 (2008) (cleaned up). 30 -44- See Exhibit H, ¶ 11. Under these circumstances, Ms. Butterton “had a reasonable belief in the existence of facts supporting [] her claim and a reasonable belief that those facts made out a legally valid claim.” Preston, 2015 WL 3455384, at *4. The Plaintiff, for his part, attempts to cast doubt on the existence of probable cause by appending to his Complaint a Post-Hearing Report that purports to prove—through analysis of his cell phone—that the Plaintiff was elsewhere at the time, and thus, that he could not have been the individual who showed up at Ms. Butterton’s home on January 29, 2020. See Complaint, Exhibit #1. This countervailing “evidence,” however, is unavailing for two critical reasons. First, probable cause is determined based on “the facts and circumstances at the time the underlying proceedings were initiated,” Preston, 2015 WL 3455384, at *4 (citing Roberts, 842 S.W.2d at 248) (emphasis added), and there is no doubt whatsoever that Ms. Butterton did not possess the Post-Hearing Report at issue at the time she filed her Petition for an Order of Protection. See Exhibit E, p. 3, ¶ 13 (“I did not possess any evidence regarding the whereabouts of the Plaintiff’s phone at the time I petitioned for an order of protection against him.”). Indeed, the Post-Hearing Report was not even created until nearly two months after the incident at issue occurred, and well after the hearing regarding it concluded. See Complaint, Exhibit #1 (noting a “March 20, 2020” completion date). As such, the Plaintiff’s Post-Hearing Report both is not and cannot be relevant to whether Ms. Butterton had probable cause to file a petition for an order of protection “at the time the underlying proceedings were initiated.” Preston, 2015 WL 3455384, at *4 (citing Roberts, 842 S.W.2d at 248). Nor did Ms. Butterton possess any of the “Apple location services” or other data on the Plaintiff’s cell phone when she petitioned for an order of protection, which the Plaintiff sought to introduce for the first -45- time eleven days later during his testimony at the Parties’ February 10, 2020 hearing. See Exhibit D, p. 37, line 9–p. 44, line 2. Second, the Post-Hearing Report proves little and is nowhere near the conclusive evidence that the Plaintiff makes it out to be. To begin, even assuming that the report is accurate, it proves—at best—the location of the Plaintiff’s cell phone at the time of the incident, not the location of the Plaintiff. See Complaint, Exhibit #1 (noting that the report purports to identify “locations of the device”) (emphasis added). Given that the Plaintiff apparently possesses multiple cell phones, see Exhibit P, p. 2, this deficiency is material. Further, the report itself was not conducted in accordance with industry standards, and it contains several glaring deficiencies that render both its credibility and its accuracy suspect. See generally Exhibit O. For example, the Post-Hearing Report fails to identify the tool utilized to analyze the Plaintiff’s phone, which “would impact the veracity of the results and the comprehensiveness of digital artifacts recovered”; it fails to indicate whether the proper time zone conversion was utilized; it uses a location tool that “is neither the only one” available nor “in isolation, the most reliable” to identify the cell phone’s location; and it fails to account for the ease with which iPhone GPS data can be faked or “spoofed.” See id. For the foregoing reasons, Ms. Butterton’s Petition for an Order of Protection was demonstrably initiated based on probable cause. As a consequence, the Plaintiff cannot prove an essential element of his malicious prosecution claim for this reason as well, and the Plaintiff’s malicious prosecution claim must be dismissed with prejudice as a consequence. See TENN. CODE ANN. § 20-17-105(c). -46- iii. Ms. Butterton’s Petition for an Order of Protection was not filed with malice. A separate element of a malicious prosecution claim that a plaintiff must establish to prevail is that the “defendant brought [a] prior action with malice[.]” Preston, 2015 WL 3455384, at *4. To prove malice, a plaintiff must “demonstrate[] an improper motive.” Id. (citing Wright Med. Tech, 135 S.W.3d at 582). As with probable cause, there is also “a heavy burden of proof on the plaintiff in malicious prosecution actions in establishing malice . . . .”, because “the reporting of valid complaints, if supported by probable cause to believe they are true, should not and will not be inhibited.” Kauffman, 448 S.W.2d at 404 (citing Lipscomb, 33 S.W. 818). See also Himmelfarb, 380 S.W.3d at 41 (“The threat of a malicious prosecution action may reduce the public’s willingness to resort to the court system for settlement of disputes. We decline to adopt a rule that would deter litigants with potentially valid claims from filing those claims because they are fearful of a subsequent malicious prosecution action.”) (citation omitted). In the instant case, the Plaintiff’s claim that Ms. Butterton initiated her Petition for an Order of Protection with malice is utterly hopeless. A wealth of evidence—including, inter alia, Ms. Butterton’s contemporaneous correspondence with her mother, see Exhibit F, Exhibit #1, her stepfather, see Exhibit G, and her roommate, see Exhibit H; her actions to protect herself both during and after the incident at issue by arming herself with a gun, hiding in her bathroom, arming her security system, calling the police, retaining counsel, and spending the nights after the incident at a coworker’s house because she did not feel safe sleeping in her own home, see Exhibit E, Exhibit N; contemporaneous observations by third parties—including the police—that Ms. Butterton was visibly “hyperventilating, crying, and not speaking in complete sentences[,]” see -47- Exhibit I, p. 1, ¶ 5, and “very upset and in fear” after the incident, see Exhibit M, p. 3; and her decision not to pursue criminal charges against the Plaintiff despite her counsel’s advice that she could do so, see Exhibit E, pp. 2–3, ¶ 12; Exhibit J, p. 3, ¶ 12— collectively make clear beyond any reasonable dispute that Ms. Butterton authentically believed that the Plaintiff came to her home to harm her and that Ms. Butterton sought an order of protection thereafter exclusively because she had a genuine concern for her safety, rather than for some improper purpose. See id. See also Exhibit H, ¶ 10 (“The next text I got from Kortni was around 4:45pm. Kortni told me that she believed Carl was at our house. She told me that she was on the phone with 911 and had locked herself in her bathroom with her gun. This was the first time after over a year of living with Kortni that she has ever called the police for anything. I knew it was a big deal because both of us come from law enforcement backgrounds and we don’t fool around with 911 unless it is serious.”); Exhibit E, pp. 3–4, ¶¶ 14–18. Accordingly, the Plaintiff cannot meet his burden of proving malice, and the Plaintiff’s malicious prosecution claim must be dismissed as a result. See TENN. CODE ANN. § 20-17-105(c). iv. The Davidson County General Sessions Court previously determined that Ms. Butterton had probable cause to seek an order of protection, and that determination was not a product of fraud or malice. Ms. Butterton can also demonstrate that probable cause existed to file her Petition for an Order of Protection for yet another reason: Because the Davidson County General Sessions Court previously determined that probable cause existed, and because that determination was not a product of fraud or malice. Here, the Davidson County General Sessions Court previously determined that probable cause existed to file the Petition for an Order of Protection over which Ms. Butterton has been sued. See Exhibit K (“The -48- Court finds good cause and will issue a Temporary Order of Protection.”) (emphasis added); see also id. (“The Court having reviewed the Petition for Temporary Order of Protection and finding, pursuant to T.C.A. §36-3-605(a), that Kortni Butterton, Petitioner, is under an immediate and present danger of abuse from Carl Albert Vonhartman, Respondent, and good cause appearing, the Court issues the following . . . .”) (emphasis added). For the reasons set forth below, that previous finding is also conclusive. As a general matter, a previous judicial determination that probable cause exists establishes its existence for purposes of a malicious prosecution claim. See, e.g., Crowe, 2010 WL 1241550, at *5 (“Regarding the malicious prosecution claim, an indictment by a grand jury equates to a finding of probable cause.” (citing Parks, 2003 WL 23717092, at *4)). More specifically, a previous determination of probable cause presumptively establishes the existence of probable cause for purposes of a malicious prosecution claim unless the previous finding was a product of fraud or malice. See, e.g., Gordon, 2016 WL 3349024, at *10 (“[A] grand jury’s indictment creates a rebuttable presumption that probable cause to institute the criminal proceeding existed unless the indictment was procured by fraud or by a defendant who did not believe in the guilt of the plaintiff.”). Cf. Plumley, 164 Cal. App. 4th at 1053 (“This presumption—referred to by some authorities as the ‘interim adverse judgment’ rule—is subject to an exception where the underlying victory was obtained by fraud or perjury.”). Here, the General Sessions Court’s previous determination of probable cause establishes its existence for two reasons. First, as detailed above, abundant and overwhelming admissible evidence demonstrates beyond any reasonable dispute that rather than being sought maliciously -49- or fraudulently, Ms. Butterton’s Petition for an Order of Protection was sought, instead: (1) on the advice of counsel—including counsel provided by both her private attorney and district attorneys general—see supra, pp. 42–43; (2) with substantial basis, see supra, pp. 43–46; and (3) because Ms. Butterton was genuinely and authentically afraid for her safety, see supra, pp. 47–48. Second, because “the law places upon litigants the burden of exposing during trial the bias of witnesses and the falsity of evidence, thereby enhancing the finality of judgments and avoiding an unending roundelay of litigation, . . . those same claims cannot be relied on to establish the absence of probable cause in a subsequent malicious prosecution suit.” Plumley, 164 Cal. App. 4th at 1055–56 (cleaned up) (emphasis added). Thus, “one cannot relitigate adversely decided factual matters for purposes of establishing the fraud exception to the interim adverse judgment rule.” Id. at 1056. Critically, in the previous action, the Plaintiff did not assert that Ms. Butterton’s claims were fraudulent or perjured. Instead, through counsel, the Plaintiff openly represented: (1) that Ms. Butterton had not likely made up what she testified occurred, see Exhibit D, p. 51, lines 9–10 (“I understand that, yes, why -- why would she make this up? I have no idea. I have no -- absolutely no idea.”); (2) that “I don’t know if somebody was there,” id. at p. 51, line 11; and (3) that “maybe [Ms. Butterton] just got so scared that she wanted this to be real[,]” id. at lines 11–12. Further, Plaintiff’s counsel’s previous representations on his behalf are conclusively binding upon the Plaintiff, notwithstanding his apparent repudiation of them for purposes of this new proceeding. See, e.g., Loftis, 2018 WL 1895842, at *11 (“‘a statement of counsel . . . orally in court is generally regarded as a conclusive, judicial admission . . . .’”) (collecting cases). -50- Put differently: When presented with an opportunity to challenge Ms. Butterton’s credibility in the General Sessions action, the Plaintiff did not advance the position that Ms. Butterton was lying about someone showing up at her home—and indeed, his counsel openly represented that she had “no idea” why Ms. Butterton would lie about that. See Exhibit D, p. 51, lines 9–12. Instead, the Plaintiff’s counsel argued that “I don’t know” whether someone was at Ms. Butterton’s home, that Ms. Butterton may have “just got so scared” that she misperceived events, and that because the Plaintiff was not there, he has “no idea” what transpired. Id. at lines 11–15. Upon review, the General Sessions Court also expressly adopted the Plaintiff’s argument on the matter. See id. p. 54, line 14–p. 55, line 1 (holding that: “I’m not denying that you feel scared, and that you are afraid. . . . I’m not saying somebody didn’t show up at your house. . . . I’m just saying that there is not enough proof that there is stalking, and that this man was there.”) (emphases added). Thus, during a hearing that afforded the Plaintiff a full and fair opportunity to press the claim that Ms. Butterton had provided fraudulent and malicious testimony, the Plaintiff did not assert that she had done so, see id. at p. 51, lines 9–15, and upon review, the General Sessions Court expressly declined to find that she did, id. at p. 54, line 23–p. 55, line 1. As such, the General Sessions Court’s previous determinations of both probable cause and lack of both fraud and malice are binding for purposes of this proceeding, and the Plaintiff cannot now adopt a new position on the matter and attempt to relitigate the issue under a different theory altogether. See Medlock v. Ferrari, 602 S.W.2d 241, 246 (Tenn. Ct. App. 1979) (“It may be said that the fundamental principle of jurisprudence that material facts or questions which were in issue in a former action and were there admitted or judicially determined, are conclusively settled by a judgment rendered therein, and such facts or questions become res judicata and may not again be litigated in -51- a subsequent action brought between the same parties or their privies.” (citing Cotton v. Underwood, S.W.2d 632 (Tenn. 1969)). See also Plumley, 164 Cal. App. 4th at 1056 (“[W]here claims of fraud or perjury are litigated and rejected by a fact finder in an underlying case, those same claims cannot be relied on to establish the absence of probable cause in a subsequent malicious prosecution suit. Stated differently, one cannot relitigate adversely decided factual matters for purposes of establishing the fraud exception to the interim adverse judgment rule.”). For the foregoing reasons, the General Sessions Court previously determined that Ms. Butterton had probable cause to file her Petition for an Order of Protection; that determination was not a product of fraud or malice and is presumptively controlling in the absence of fraud or malice; and both the Plaintiff’s previous position and the Davidson County General Sessions Court’s previous finding as to fraud and malice are conclusively binding upon the Plaintiff and are not subject to relitigation in this proceeding. As such, Ms. Butterton has established that probable cause existed to file a petition for an order of protection, the Plaintiff cannot demonstrate that probable cause was lacking, and the Plaintiff’s malicious prosecution claim must be dismissed. See TENN. CODE ANN. § 20-17-105(c). c. The Plaintiff’s 911-based slander claim is foreclosed by the conditional public interest privilege and the conditional common interest privilege. Ms. Butterton asserts that she was protected by an absolute privilege immunizing reports to police from defamation liability, which Tennessee should adopt. 31 31 Other jurisdictions have adopted an absolute privilege regarding reports made to the police. See, e.g., Johnson v. Symantec Corp., 58 F. Supp. 2d 1107, 1109 (N.D. Cal. 1999) (“The line of cases cloaking police reports with the absolute privilege of section 47(b)(3) may be traced to Williams v. Taylor, 129 Cal. App. 3d at 745, 181 Cal. Rptr. 423. The Williams court expressed a dual rationale for finding an absolute privilege. First, police reports were found to satisfy the ‘official proceeding’ requirement of section 47 because ‘a -52- Independently, however, Ms. Butterton’s 911 call is immunized from liability under the conditional public interest privilege, which Tennessee has already adopted very clearly. See Pate, 959 S.W.2d at 576. Because “[t]he interests of the public in preventing crime and punishing criminals outweigh the interest of any plaintiff concerning statements of accusation,” as long as an accusation is made in good faith and without express malice, statements made to law enforcement are protected by Tennessee’s “public interest privilege.” Id. Under the public interest privilege, a publication is privileged from defamation liability if the circumstances induce a correct or reasonable belief that (a) there is information that affects a sufficiently important public interest, and (b) the public interest requires the communication of the defamatory matter to a public officer or a private citizen who is authorized or privileged to take action if the defamatory matter is true. Id. (quoting Restatement (Second) of Torts § 598 (1977)). As detailed at length above, Ms. Butterton called 911 in good faith and without a hint of malice. See supra, pp. 47–52. See also Exhibit C; Exhibit D, pp. 4–18; Exhibit E; Exhibit F; Exhibit G; Exhibit H; Exhibit I; Exhibit J; Exhibit K. There is also no serious doubt that communicating concerns to 911 about an imminent physical threat “affects a sufficiently important public interest,” see Pate, 959 S.W.2d at 576, particularly given the constitutional “rights of victims of crime to justice” in Tennessee, see TENN. CONST. art. I, § 35. See also State v. Pulley, 863 S.W.2d 29, 34 (Tenn. 1993) (noting “the communication [d]esigned to prompt action by [an official] entity is as much a part of an “official proceeding” as a communication made after an official investigation has commenced.’ Id. at 753, 181 Cal. Rptr. 423. Second, the court opined that as a matter of public policy, members of the community should feel at liberty to report suspected criminal activities without fear of civil liability.”). Ms. Butterton expressly raises and preserves her claim that that absolute privilege should be adopted in Tennessee as well. -53- public interest served by . . . the prevention of violent crime”). Nor can there be any doubt that, if the Plaintiff was indeed at Ms. Butterton’s home and intended to harm her, “the public interest require[d] the communication of the defamatory matter to a public officer or a private citizen who [wa]s authorized or privileged to take action if the defamatory matter [wa]s true.” See Pate, 959 S.W.2d at 576. Accordingly, the Plaintiff’s 911-based slander claim is foreclosed from liability by the public interest privilege, see id., and as such, Ms. Butterton’s petition to dismiss that claim should be granted. See TENN. CODE ANN. § 20-17-105(c). Alternatively, but for the same reasons, the Plaintiff’s 911-based slander claim regarding Ms. Butterton’s call to the police is foreclosed from liability by the qualified common interest privilege. See McGuffey v. Belmont Weekday School, No. M201901413-COA-R3-CV, 2020 WL 2754896, at *15 (Tenn. Ct. App. May 27, 2020) (“Tennessee courts have recognized a common interest privilege as one type of conditional privilege.”). Our Supreme Court has described the communications covered by a conditional privilege as follows: ‘Qualified privilege extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty to a person having a corresponding interest or duty; and the privilege embraces cases where the duty is not a legal one, but where it is of a moral or social character of imperfect obligation. . . . The rule announced is necessary in order that full and unrestricted communication concerning a matter in which the parties have an interest or a duty may be had. It is grounded in public policy as well as reason.’ Id. (citing S. Ice Co. v. Black, 189 S.W. 861, 863 (Tenn. 1916)). See also Trotter v. Grand Lodge F. & A.M. of Tenn., No. E2005-00416-COA-R3-CV, 2006 WL 538946, at *7 (Tenn. Ct. App. Mar. 6, 2006); Pate, 959 S.W.2d at 576. Because a citizen seeking protection from law enforcement and first responders -54- tasked with providing an emergency response unmistakably have a “corresponding interest” regarding 911 calls, id., the conditional common interest privilege applies to such communications. Cf. id. at *15–*16 (adopting holding from other jurisdictions that the common interest privilege applies “to school communications with parents” regarding safety issues, because “[p]arents have an interest in staffing decisions regarding the persons taking care of their children.”). Consequently, the common interest privilege applies here. Id. Further, for all of the reasons previously detailed, Ms. Butterton’s 911 call was made in good faith and without malice. See supra, pp. 47–52. See also Exhibit C; Exhibit D, pp. 4–18; Exhibit E; Exhibit F; Exhibit G; Exhibit H; Exhibit I; Exhibit J; Exhibit K. As such, the conditional public common privilege forecloses the Plaintiff’s 911-based slander claim, because “[w]hen a statement falls under a conditional privilege, the plaintiff must prove actual malice in order for the privilege to be lost.” McGuffey, 2020 WL 2754896, at *15 (citing McWhorter, 132 S.W.3d at 365). d. Ms. Butterton is immune from all four of the Plaintiff’s claims pursuant to Tennessee Code Annotated § 4-21-1003(a). Decades ago, the General Assembly enacted the Tennessee Anti-SLAPP Act of 1997 “to provide protection for individuals who make good faith reports of wrongdoing to appropriate governmental bodies.” TENN. CODE ANN. § 4-21-1002(a). The statute recognizes that “[i]nformation provided by citizens concerning potential misdeeds is vital to effective law enforcement and the efficient operation of government.” Id. Additionally, in enacting the Tennessee Anti-SLAPP Act of 1997, the General Assembly determined that the threat of a civil action for damages in the form of a “strategic lawsuit against political participation” (SLAPP), and the possibility of considerable legal costs, can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. SLAPP suits can effectively punish concerned citizens for exercising the constitutional right to speak and -55- petition the government for redress of grievances. TENN. CODE ANN. § 4-21-1002(b). For its part, Tennessee’s judiciary has excoriated such lawsuits as a form of abuse that is properly regarded as “evil[.]” See Residents Against Indus. Landfill Expansion, Inc. v. Diversified Sys., Inc., No. 03A01-9703-CV-00102, 1998 WL 18201, *3 n.6 (Tenn. Ct. App. Jan. 21, 1998) (“The legislature has recently recognized the evils of this type of lawsuit.”), no app. filed; id. at *3 (“Their lawsuit fits all of the characteristics of a lawsuit filed to intimidate a citizen into silence regarding an issue of public concern.”). With respect to the immunity afforded by the Tennessee Anti-SLAPP Act of 1997, Tennessee Code Annotated § 4-21-1003(a) provides that subject to the strictures of § 4-21-1003(b): Any person who in furtherance of such person’s right of free speech or petition under the Tennessee or United States Constitution in connection with a public or governmental issue communicates information regarding another person or entity to any agency of the federal, state or local government regarding a matter of concern to that agency shall be immune from civil liability on claims based upon the communication to the agency. In this case, all four of the Plaintiff’s claims unmistakably arise out of Ms. Butterton’s communications to a state or local government agency regarding a matter of concern to the agency. See id. Specifically, Ms. Butterton has been sued for: (1) The 911 call that she made to the Metropolitan Nashville Police Department, see Complaint, p. 4, ¶¶ 26–27 (Slander Claim #1); (2) The Petition for an Order of Protection that she filed in Davidson County General Sessions Court, see id. at p. 4, ¶¶ 22–25 (Malicious Prosecution Claim); p. 5, ¶¶ 31–32 (Libel Claim); and (3) The testimony she gave in Davidson County General Sessions Court during -56- her order of protection proceeding, see id. at p. 4, ¶¶ 28–30 (Slander Claim #2). Under these circumstances, “[i]n order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under § 4-21-1003 may intervene and defend against any suit precipitated by the communication to the agency.” TENN. CODE ANN. § 4-21-1004(a). Further, “[i]n the event that a local government agency does not intervene in and defend against a suit arising from any communication protected under this part, the office of the attorney general and reporter may intervene in and defend against the suit” instead. Id. Accordingly, counsel for the Metropolitan Nashville Police Department, the Davidson County General Sessions Court, and the Tennessee Attorney General are all being served notice of this filing. See id. Independent of these agencies’ participation, Ms. Butterton is immune from the Plaintiff’s claims under Tennessee Code Annotated § 4-21-1003(a). Ms. Butterton has established—with abundant and overwhelming evidence, see Exhibits C–Q—that she petitioned both the Metropolitan Nashville Police Department and the Davidson County General Sessions Court regarding a matter of concern to both agencies and with good cause. Accordingly, Ms. Butterton is immune from all claims asserted in this lawsuit based on the statutory immunity afforded to her by Tennessee Code Annotated § 4-21-1003(a), and all of the Plaintiff’s claims against her must be dismissed accordingly. See TENN. CODE ANN. § 20-17-105(c). e. The Plaintiff’s defamation claims are not cognizable because the Plaintiff is libel-proof. Tennessee recognizes the libel-proof plaintiff doctrine, which provides that a plaintiff with a severely tarnished reputation may not maintain a defamation action. See -57- Rogers v. Jackson Sun Newspaper, No. CIV. A. C-94-301, 1995 WL 383000, at *1 (Tenn. Cir. Ct. Jan. 30, 1995) (“This Court finds and holds, as a matter of law, Plaintiff’s reputation in the community at the time of the article’s publication was so severely tarnished, he is ‘libel-proof’ and may not maintain this defamation action for an allegedly erroneous report of his criminal record.”), no app. filed. The doctrine “essentially holds that ‘a notorious person is without a “good name” and therefore may not recover for injury to it.’” Davis, 83 S.W.3d at 128 (quoting ROBERT D. SACK, SACK ON DEFAMATION: LIBEL, SLANDER AND RELATED PROBLEMS 35 (Cum. Supp. 1998)). The libel-proof plaintiff doctrine is premised upon the notion that “[t]o suffer injury to one’s standing in the community, or damage to one’s public reputation, one must possess good standing and reputation for good character to begin with.” Id. at 130. As a consequence, in defense of her claim that the Plaintiff is a libel-proof plaintiff, Ms. Butterton has appended extensive affirmative evidence indicating that Carl Vonhartman has a reputation for criminality and terrorizing women and lacks a good reputation that is capable of being injured at all. See, e.g., Exhibit A (noting Plaintiff’s multiple arrests for DUI, his multiple convictions for reckless driving, his multiple implied consent violations, and his arrests for battery and burglary); Exhibit B, p. 3 (in which the MNPD reports that the Plaintiff threatened a victim-witness with revenge pornography following an assault—a felony, see TENN. CODE ANN. § 39-16-507—after she: “told [Plaintiff] she was going to call the police due to the assault. [S]he advised that [Plaintiff] told her ‘if you call the police [I] am going to post naked pictures of you on the internet.’ [Victim] advised she changed her mind at that time about calling the police.”) (emphasis added); Exhibit C, Attachment #1 (“You have been posted about on multiple [Facebook] pages by multiple women that report the same thing. . . . You told me by the end of today -58- you would know where I live, where I work and who I am and you would come after me.”); Exhibit R (indicating that the dating website “took the appropriate actions” against the Plaintiff following report from woman that the Plaintiff had sent “very threatening” messages to her). f. Tennessee Code Annotated § 20-17-105(b) For purposes of appellate review, Ms. Butterton expressly preserves and maintains the claim that the presumption of falsity doctrine recognized under Tennessee law should be overturned, see Memphis Publ’g Co., 569 S.W.2d at 420, and that rather than being an affirmative defense, falsity should be an element that the Plaintiff has the burden of proving with respect to each of his defamation claims. In furtherance of the TPPA’s substantive protections, pursuant to Tennessee Code Annotated § 20-17-105(b), Ms. Butterton additionally demands that the Plaintiff establish his case. VI. COSTS, ATTORNEY’S FEES, & SANCTIONS Under Tennessee Code Annotated § 20-17-107(a): If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: (1) Court costs, reasonable attorney’s fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and (2) Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated. Here, severe sanctions against both the Plaintiff and his counsel are warranted for several reasons. To begin, whether due to an improper purpose or sheer incompetence, the Plaintiff has filed multiple claims against Ms. Butterton that are clearly and -59- unmistakably barred by absolute testimonial immunity, the absolute litigation privilege, or both. Simply stated: No reasonably competent lawyer acting in good faith could believe that a defamation claim could be filed against a testifying witness regarding her testimony. As a result, over and above the fees and sanctions that are appropriate under § 20-17-107(a), suing a testifying witness for a staggering $750,000.00 based on absolutely privileged testimony that she gave during a judicial proceeding—something that Tennessee law has uniformly forbidden for nearly two centuries, see Lea, 36 Tenn. at 114; Cooley, 70 S.W. at 607—is sufficiently frivolous that both sanctions and an order for Plaintiff’s counsel to show cause for Plaintiff’s testimony-based slander claim are warranted on the Court’s own initiative. See Tenn. R. Civ. P. 11.03(b). The same is true of Plaintiff’s efforts to sue Ms. Butterton for the written statements that she made in her Petition for an Order of Protection. The vital and overarching public policy protected by the absolute litigation privilege is that “access to the judicial process, freedom to institute an action, or defend, or participate therein without fear of the burden of being sued for defamation is so vital and necessary to the integrity of our judicial system that it must be made paramount to the right of an individual to a legal remedy where he has been wronged thereby.” See Trice, 360 S.W.2d at 51. Nonetheless, the Plaintiff and his counsel have knowingly filed a libel claim based on Ms. Butterton’s Petition for an Order of Protection. Accordingly, the Plaintiff should be sanctioned under Tennessee Code Annotated § 20-17-107(a)(2), and the Plaintiff’s attorneys should each be required to “show cause why [they have] not violated subdivision 11.02” with respect to the Plaintiff’s libel claim as well. Tenn. R. Civ. P. 11.03. Separately, in an effort to avoid dismissal on a Rule 12 motion, the Plaintiff has outright fabricated a theory regarding malice without any conceivable basis for asserting -60- it. Specifically, the Plaintiff, through counsel, has asserted that Ms. Butterton’s 911 call and her judicial efforts to protect herself thereafter were part of a “scheme” that Ms. Butterton “devised” in order “to ruin his reputation.” See Complaint, p. 2, ¶ 10. The Plaintiff’s allegations on the matter are egregiously false. See Exhibit E, pp. 3–4, ¶¶ 17–18. Significantly, the Plaintiff—who has claimed he was not present during the incident at issue, and, thus, cannot possibly know what occurred at Ms. Butterton’s home—also necessarily could not have any knowledge that such an outrageous, contrived, and utterly fictional allegation was true. As a consequence—and once again, over and above the sanctions permitted under Tennessee Code Annotated § 20-17-107(a)— Plaintiff’s counsel should be required to show cause: (1) Why they represented to this Court that their contrived allegation set forth in paragraph 10 of the Plaintiff’s Complaint “ha[d] evidentiary support,” see Tenn. R. Civ. P. 11.02(3); and (2) Why they should not be sanctioned on the Court’s own initiative for their false representation that it did. Tenn. R. Civ. P. 11.03(1)(b). For the foregoing reasons, heavy sanctions are warranted against both the Plaintiff and his attorneys. Accordingly, upon granting Ms. Butterton’s TPPA Petition, Ms. Butterton seeks leave to file not only a claim for attorney’s fees, but to seek sanctions against the Plaintiff and his attorneys “to deter repetition of the conduct by the party who brought the legal action or by others similarly situated” as well. See TENN. CODE ANN. § 20-17-107(a). Prior to petitioning for specific sanctions, however, Ms. Butterton intends to seek leave to take limited discovery for the narrow purpose of determining whether the Plaintiff has initiated this action based on knowing falsehoods and whether his testimony in Davidson County General Sessions Case No. 20OP250 was perjurious. -61- VII. CONCLUSION For the foregoing reasons, the Defendant’s Motion to Dismiss and her Tennessee Code Annotated § 20-17-104(a) Petition to Dismiss the Plaintiff’s Complaint should be GRANTED, and the claims set forth in the Plaintiff’s Complaint should be DISMISSED WITH PREJUDICE pursuant to Tennessee Rule of Civil Procedure 12.02(6) and Tennessee Code Annotated §§ 20-17-105(b) and (c). An order dismissing the Plaintiff’s Complaint should issue as a result; the Defendant should be awarded her reasonable costs and attorney’s fees associated with defending this action pursuant to § 20-12-119(c); the Plaintiff should be ordered to pay the Defendant’s court costs, reasonable attorney’s fees, and discretionary costs pursuant to § 20-17-107(a)(1); this Court should assess sanctions against the Plaintiff and his counsel as necessary to deter repetition of their conduct pursuant to § 20-17-107(a)(2); and the Plaintiff should be ordered to pay the Defendant’s costs and reasonable attorney’s fees pursuant to Tennessee Code Annotated § 4-21-1003(c). Respectfully submitted, By: /s/ Daniel A. Horwitz__________ Daniel A. Horwitz, BPR #032176 1803 Broadway, Suite #531 Nashville, TN 37203 daniel.a.horwitz@gmail.com (615) 739-2888 Counsel for Defendant Kortni Butterton -62- CERTIFICATE OF SERVICE I hereby certify that on this 29th day of May, 2020, a copy of the foregoing was served via the Court’s electronic filing system and/or via email upon the following: Wesley Clark Frank Brazil 2901 Dobbs Avenue Nashville, TN 37211 wesley@brazilclark.com Counsel for Plaintiff Metropolitan Nashville Police Department Davidson County General Sessions Court Davidson County General Sessions Judge Ana Escobar C/O Bob Cooper, Metropolitan Nashville Director of Law Lora Fox, Attorney, Metropolitan Department of Law Cynthia Gross, Attorney, Metropolitan Department of Law Metro Courthouse, Suite 108 Nashville, TN 37201 Tennessee Attorney General and Reporter Herbert H. Slatery III P.O. Box 20207 Nashville, TN 37202 Counsel for Potential Tenn. Code Ann. § 4-21-1004(a) Intervenors As Of Right By: -63- /s/ Daniel A. Horwitz__________ Daniel A. Horwitz, Esq. Exhibit A COMPLAINT NUMBER: 2012-0837556 WARRANT NUMBER: 08605316 PROSECUTOR: Russell Wade DEFENDANT: Carl Albert Von Hartman VICTIM: STATE OF TENNESSEE. COUNTY OF DAVIDSON AFFIDAVIT DRIVING UNDER THE INFLUENCE OF AN INTOXICANT T.C.A. 55-10-401 Offense Personally appeared before me. the undersigned. Select one] Commissioner Metropolitan General Sessions Judge. the prosecutor named above and made oath in due form of law that ISeleet one] he she Seleet onel personally observed has probable cause to believe that the defendant named above on 10/12/20l2 in Davidson County. did unlawfully drive or was in physical control of any automobile or other motor driven vehicle while under the in?uence of any intoxicant, marijuana. narcotic drug. or drug producing stimulating effects on the central nervous system and that the probable cause is as follows: The defendant was stopped for a traf?c violation (running a flashing red light-mo ticket) at the intersection of St. N. and Gartland Av., and then again at the intersection of ith St. N. and Gallatin Av.. which is in Davidson County. Upon approach to the defendant there was an obvious odor of some type of alcoholic beverage coming from his person. and from his expelled breath. The defendant openly admitted to drinking at least (2) Vodka Soda drinks earlier in the evening. The defendant had red watery eyes, dry mouth. and was slightiy unsteady on his feet. The defendant agreed to perform the 3 SFST. and he showed numerous indicators ofimpairment on all 3 tests (see MNPD Form I32). I \it'i'itiiti? Prosecutor: Russell Wade 474373 600 Murfreesboro Road Nashville. Tennessee 37210 ARREST WARRANT Information on oath having been made. that on the day and year aforesaid. and in the County aforesaid, the offense of Driving Under the In?uence A MISD, as aforesaid, has been committed and charging the defendant thereof. you are therefore commanded, in the name of the State. forthwith to arrest and bring the defendant before ajudge ofthe Court of General Sessions of Davidson County. Tennessee. to answer the above charge. Sworn to and subscribed before me on 04:59:20. Thomas Edward Nelson Judge of the Metmpolitan General Sessions Court/Commissioner ?gs $00 a .300? I hereby certify that this is a true and 2 exactcoy 334% 58; This day of 7 20 I CRIMINAI: tetanumu..mxxr? BY . DC. I ofl pages COMPLAINT NUMBER: 2011-0640345 WARRANT NUMBER: GS550101 PROSECUTOR: John Roberson DEFENDANT: Carl A Von Hartman VICTIM: STATE OF TENNESSEE, COUNTY OF DAVIDSON AFFIDAVIT DRIVING UNDER THE INFLUENCE OF AN INTOXICANT T.C.A. 55-10-40l Personally appeared before me, the undersigned. ISelect one Commissioner Metropolitan General Sessions Judge, the prosecutor named above and made oath in due form of law that Select onel he she [Select one personally observed has probable cause to believe that the defendant named above on 08/ 14/2011 in Davidson County. did unlawfully drive or was in physical control of any automobile or other motor driven vehicle while under the influence of any intoxicant. marijuana, narcotic drug. or drug producing stimulating effects on the central nervous system and that the probable cause is as folio ws: Suspect was stopped for going 44 in a 30 zone on 2151 Ave 3 near Bernard. Suspect had obvious odor of alcoholic beverage on him. The suspects eyes where bloodshot. Suspect was unsteady on his feet. Suspect showed indicators of impairment on field sobriety tasks. Suspect was read Tennessee implied consent law. Suspect refused to take a breath test Prosecutor: John Roberson 420040 600 Murfreesboro Road Nashville, Tennessee 37210 ARREST WARRANT information on oath having been made, that on the day and year aforesaid, and in the County aforesaid, the offense of Driving Under the Influence A Mi SD, as aforesaid, has been committed and charging the defendant thereof, you are therefore commanded. in the name ofthe State, forthwith to arrest and bring the defendant before a judge of the Court of General Sessions of Davidson County, Tennessee. to answer the above charge. Sworn to and subscribed before me on 08/1420! 1 05:33:59. Norman Harris Judoe of the Metmpolitan General Sessions Court/Commissioner 0F 041, $0 0 4,4 I hereby certify that this is a true and g: i 5' '3 exact 0022'? oriqunal 5, 8 I, I This 43 day of $41 ,20j? 44,20 r?s CR1 CLERK BY - .D.C. 1 of 1 pages COMPLAINT NUMBER: 2008-0192404 WARRANT NUMBER: 63371700 PROSECUTOR: Harold Russell Taylor DEFENDANT: Carl Albert Vonhartman VICTIM: STATE OF TENNESSEE. COUNTY OF DAVIDSON AFFIDAVIT DRIVING UNDER THE INFLUENCE OF AN INTOXICANT T.C.A. 55-10-401 Personally appeared before me. the undersigned, [Select one] Commissioner Metropolitan General Sessions Judge. the prosecutor named above and made oath in due form of law that [Select one] he she [Select one] personally observed has probable cause to believe that the defendant named above on 03/23/2008 in Davidson County. did unlawfully drive or was in physical control of any automobile or other motor driven vehicle while under the influence of any intoxicant. marijuana, narcotic drug. or drug producing stimulating effects on the central nervous system and that the probable cause is as follows: Defendant was observed by my witness o?icer driving on Division Street 21st Avenue South and the vehicle tires were squealing and it was swerving to the point the vehicle got sideways in the roadway. Once Hicks of the Vanderbilt Police Department had the vehicle stopped and he discovered he was dealing with an impaired suspects. Hicks administered to him the 3 Standardize Field Sobriety Tasks i.e. HGN, OLS and the WA tasks and he exhibited enough indicators that lead Sgt. Hicks to believe his (the Defendant) physical and mental abilities were effected to the point, he should not have been driving a vehicle tonight and he had a possible B.A.C. of .08% or greater (see MPD form 132 for driver as well as task cues). was dispatched to assist and upon making contact, I noticed several cues associated with an impaired driver (see MPD form 132 for driver '5 cues) plus he smelled obviously of an alcoholic beverage but he did admit to drinking. 1 took him into custody for DUI, read to him the TN Implied Consent Law, requested he submit a breath sample for analysis and he refused no reason given. idea/,- of 20 20 - - AL Prosecutor: Harold Russell Taylor 224675 BY 600 Murfreesboro Road ii DC- Nashville. Tennessee 372 It) 6 5 650-3636 . $95 049%., Sworn to and subscribed before me on 03/339008 04:0lzl3. 2'4; g? 03' 2 E: 50 Norman Harris Judge ofthe Metropolitan General Sessions Court/Commissioner a 34/65 ?x 13/ I of 1 pages COMPLAINT NUMBER: 2008-0192404 WARRANT NUMBER: GS371701 PROSECUTOR: Harold Russell Taylor DEFENDANT: Carl Albert Vonhartman VICTIM: STATE OF TENNESSEE. COUNTY OF DAVIDSON AFFIDAVIT IMPLIED CONSENT T.C.A. 55-10-406 Personally appeared before me. the undersigned, [Select one] Commissioner Metropolitan General Sessions Judge, the prosecutor named above and made oath in due form of law that [Select one] he she [Select one] personally observed has probable cause to believe that the defendant named above on 03/23/2008 in Davidson County, after having been placed under arrest and thereafter having been requested by a law enforcement officer to submit to a test for purpose of determining the alcoholic or drug content of that person's blood and advised of the consequences for refusing to do so, did refuse to submit to the test and the probable cause is as follows: I took him into custody for DUI, read to him the TN Implied Consent Law, requested he submit a breath sample for analysis and he refused no reason given. Prosecutor: Harold Russell Taylor 224675 600 Murfreesboro Road Nashville, Tennessee 37210 615 650-3656 Sworn to and subscribed before me on 03/23/2008 04:01:39. Norman Harris Judge of the Metropolitan General Sessions Court/Commissioner $03 Hm? I hereby certify that this is a true and :5 5 202 exact copy of the origiyl .58 532' 0 . This dayof - .20 "9:7 [gee CRIMINAL CLERK ??Im BY . DC. 1 ofl pages COMPLAINT NUMBER: 2012-0827556 WARRANT NUMBER: G86053 5 PROSECUTOR: Russell Wade DEFENDANT: Carl Albert Von Hartman Vicrnw: STATE OF TENNESSEE. COUNTY OF DAVIDSON AFFIDAVIT IMPLIED CONSENT T.C.A. 55?10406 Civil Personally appeared before me. the undersigned. ISelect onel Commissioner Metropolitan General Sessions Judge. the prosecutor named above and made oath in due form of law that Select one he she [Select one personally observed has probable cause to believe that the defendant named above on l0/l2/2012 in Davidson County. after having been placed under arrest and therea?er having been requested by a law enforcement officer to submit to a test for purpose ofdetermining the alcoholic or drug content of that person's blood and advised of the consequences for refusing to do so. did refuse to submit to the test and the probable cause is asfollows: The defendant was stopped for a traffic violation (running a ?ashing red ticket) at the intersection of St. N. and Gattland Av., and then again at the intersection of I St. N. and Gallatin Av.. which is in Davidson County. Upon approach to the defendant there was an obvious odor of some type of alcoholic beverage coming from his person. and from his expelled breath. The defendant openly admitted to drinking at least (2) Vodka Soda drinks earlier in the evening. The defendant had red watery eyes, dry mouth. and was unsteady on his feet. The defendant agreed to perform the 3 SFST. and he showed numerous indicators of impairment on all 3 tests (see MNPD Form I32). The defendant was read the TN Implied Consent Law, but he refused to take the requested breath test. Prosecutor: Russell Wade 474373 600 Murfreesboro Road Nashville. Tennessee 372 ID ARREST WARRANT Information on oath having been made. that on the day and year aforesaid. and in the County aforesaid, the offense of Implied Consent - Civil as aforesaid. has been committed and charging the defendant thereof. you are therefore commanded. in the name of the State. forthwith to arrest and bring the defendant before ajudge of the Court of General Sessions of Davidson County. Tennessee. to answer the above charge. Sworn to and subscribed before me on lO/l2/20l2 04:58:37. Thomas Edward Nelson Judge ofthe Metropolitan General Sessions Court/Commissioner @e I hereby certify that this is a true and exact cwme orig' at 5.4 5 32 :85 ThisLday of 20 ?24? CRIMIN 4%,0 Wei BY -- D.C. ofl pages COMPLAINT NUMBER: 2011-0640345 WARRANT NUMBER: (35550102 PROSECUTOR: John Roberson DEFENDANT: Carl A Von Hartman VICTIM: STATE OF TENNESSEE. COUNTY OF DAVIDSON AFFIDAVIT IMPLIED CONSENT T.C.A. 55-]0-406 Personally appeared before me, the undersigned. Select onel Commissioner Metropolitan General Sessions Judge. the prosecutor named above and made oath in due form of law that Select one he she [Select one] personally observed has probable cause to believe that the defendant named above on 08/l4/20ll in Davidson County. after having been placed under arrest and thereafter having been requested by a law enforcement of?cer to submit to a test for purpose of determining the alcoholic or drug content of that person's blood and advised ofthe consequences for refusing to do so. did refuse to submit to the test and the probabfe cause is as??lows: Suspect was placed under arrest for DUI. Suspect was read Tennessee implied consent law. Suspect stated that he understood the law. Suspect refused to take a breath test. Suspect has prior conviction for implied consent Violation. Prosecutor: John Roberson 4200-40 600 Murfreesboro Road Nashville. Tennessee 37210 ARREST WARRANT Information on oath having been made. that on the day and year aforesaid. and in the County aforesaid. the offense of Implied Consent - Civil MISD. as aforesaid. has been committed and charging the defendant thereof. you are therefore commanded. in the name ofthe State. forthwith to arrest and bring the defendant before a judge of the Court of General Sessions of Davidson County. Tennessee. to answer the above charge. Sworn to and subscribed before me on 08/ 1 4/20] 1 05:35:27. Norman Harris Judge ofthe Metropolitan General Sessions Court/Commissioner [gal/I4?? . . I hereby certify that this IS a true and exact 0' ft orig at 3.: zE g; This day of 20E cart/rm CLERK BY Vig? 1 of 1 pages COMPLAINT NUMBER: 2008?0192404 WARRANT NUMBER: GS37I699 PROSECUTOR: Harold Russell Taylor DEFENDANT: Carl Albert Vonhartman VICTIM: STATE OF TENNESSEE, COUNTY OF DAVIDSON AFFIDAVIT Traf?c Operating Motor Vehicle in Viol. of Condit. Lic. 55?50-33] Personally appeared before me. the undersigned. [Select one] Commissioner Metropolitan General Sessions Judge, the prosecutor named above and made oath in due fonn oflaw that [Select one] he she [Select one] personally observed has probable cause to believe that the defendant named above on 03/23/2008 in Davidson County, did unlaw?tlly [Enter brief description of the offense] operate a vehicle outside of the restriction shown on his driving record from Florida and that the probable cause is as follows: Defendant was observed by my witness officer driving on Division Street 21st Avenue South and the vehicle tires were squealing and it was swerving to the point the vehicle got sideways in the roadway. Once Hicks of the Vanderbilt Police Department had the vehicle stopped and he discovered he was dealing with an impaired suspects. Hicks noticed that the defendant had a Florida driver license and a record check of his DM record down in Florida shows it is valid but it has the following footnote at the bottom: PRIOR SUSPENSION FOR REFUSAL To SUBMIT T0 A LAWFUL TEST OF BREA TH, RESTRICTIONS: - BUSINESS PURPOSES om Prosecutor: Harold Russell Taylor 224675 600 Murfreesboro Road Nashville, Tennessee 372 0 6 5 650-3656 Sworn to and subscribed before me on 03/23/2008 04:00:30. Norman Harris Judge ofthe Metropolitan General Sessions Court/Commissioner ll); 6? 10F0 "45:9 I hereby certify that this IS a true and Te, exact co of the or} inal Egg :1 0 SE ;%el?w . see This day of ?0.22 tag/O Whgge? BY I of 1 pages ?inted on 12/2!08 at 11:16:45 General Sessions Disposition Page 1 of1 'arrant 65371701 I hereby waive my right to counsel. Motion for Waiver of Right to Counsel Having been heretofore advised of my right to counsel pursuant to the authority granted by TCA 40-14-103. the Gin and Amendments to the United States Constitution. Article 1, Section of the Tennessee Constitution. I hereby move to waive my right to counsel which motion of the Court is pleased to grant? The defendant make oath in due form that he has been advised by the Court of the constitutional right of every defendant to be represented by counset and to have one apporntod by the Court the defendant cannot afford one, pursuant to TCA 40-14-103. This motion is concurred by the Assistant District Attorney General, Assistant Attorney General Interpreter Defendant Carl Albert Vonhartman 'orhaus WORN to and subscribed before me this day of . . Deputy Clerk he defendant Carl Albert Vonhartman pleads guilty not guilty to the offense of 5-10-406 Implied Consent - Criminal A Misdemeanor ind preferred by a Grand Jury, and likewise waives trial by a jury of his peers. Iefendant Carl Albert Vonhartman Attorney: Winters. Benjamin hereupon. said defendant appeared before the Judge of the Court of General Sessrons of Davidson County: Tennessee. on said charge was informed by said Judge of the offense with which he was charged, his right to make a statement in reference to the charge or his right to waive such statement. and being asked by said Judge whether he desired to plead guilty, or not guilty, said defendant waived the right a hearing of this case by a Grand Jury and the right to be put on trial by indictment or presentment and waived the right to a trial by ajury, and then entered a plea of guilty not guilty to said charge an: quested that this case be heard and determined by this court and said judge upon the warrant without indictment oriury and upon said plea the Court having heard the evidence produced by the Slate and ttendant and argument of counsel for the defendant, find the defendant guilty of the offense charged in the warrant and hereby orders and adjudges the defendant pay a ?ne of id all the costs of this cause, and that in addition to said fine and costs said defendant be committed to and con?ned in said workhouse of Davidson County for a period of DISPOSITION Pied Guilty Found Guilty Not Guilty ]40-35-313 ]40-15?105 ]Dismissed Dismissed on Costs Dismissed ROS Dismissed. Cost to Pros Nolled I Nolo Contendere Retired on Costs Retired SENTENCE Years Months Days Hours@ ]Suspended Suspend All But Day for Day Hour for Hour before work release No Work Default ]No Early Release he!? certify that this is a true anc onsecutive To: Concurrent With: Elf-Ed mp1} of the or lgnal Time Served Credit: Months 0 Days 3 Hours .975 a 7 0 [Li Special Conditions PROBATION Tm__L._day 20-22 ]Supervised Unsupervised Community Corrections Years COURT Fine 0.6 Special Conditions :ourt Mandates Loss of License 1 Years 0 Months 0 Days 0 Hours 0 Weekends Unpaid Community was]? . Yes No Hours Days Weeks Months Restitution To?ifb- ono'dnff" Amount Per Month: Recipient: GS Division 5 12r02l2008 Div Date inted on 1212/08 at 11:17:50 General Sessions Disposition Pa e1 of1 errant 68371700 I hereby waive my right to counsel. Motion for Waiver of Rig ht to Counsel Havmg been heretofore advised of my right to counsel pursuant to the authority granted by TCA 40-14-103 the 6th and 14th Amendments to the United States Constitution Article 1. Section of the Tennessee Constitution I hereby move to waive my right to counsel which motIon of the Court is pleased to grant. The defendant make oath in due form that he has been advised by the Court of the constitutional right of every defendant to be represented by counsel and to have one appointed by the Court the defendant cannot afford one pursuant to TCA 40-14 103 This when is concurred by the Assistant District Attorney General Assistant Attorney General Interpreter Defendant Carl Albert Vonhartman 'orhaus WORN to and subscribed before me this day of . . Deputy Clerk he defendant Carl Albert Vonhartman pleads x] guilty 1 not guilty to the offense of 5-10-205 Reckless Driving Misdemeanor nd wai [fwt/h/i to be tried Indictment or presentment preferred by a Grand Jury and likewise waives trial by a jury of his peers. I endant Cart Albert Vonhartman Attorney' Winters. Benjamin hereupon. said defendant appeared before the Judge of the Court of General Sesstons of Davidson County, Tennessee. on saId charge was informed by said Judge of the offense with which he was charged, his right to make a statement in reference to the charge or his right to waive such statement. and being asked by said Judge whether he desired to plead gulity, or not guilty, said defendant waived the right a hearing ofthis case by a Grand Jury and the right to be put on trial by indictment or presentment and waived the right to a trial by a jury, and then entered a plea of guilty not guilty to said charge an: quested that this case be heard and determined by this court and said judge upon the warrantwithout indictment or jury and upon said plea the Court having heard the evidence produced by the State and tfendant and argument of counsel for the defendant, find the defendant guilty of the offense charged In the warrant and hereby orders and adjudges the defendant pay a fine of $250.00 Id all the costs of this cause, and that in addition to said ?ne and costs said defendant be committed to and confined in said workhouse of Davidson County for a period of . DISPOSITION ]Pled Guilty Found Guilty Not Guilty 140?35-313 140-15-105 Dismissed Dismissed on Costs Dismissed ROS Dismissed. Cost to Pros Nolled Nolo Contenders Retired on Costs Retired SENTENCE Years 6 Months Days Hours Suspended Rb Suspend All But 43 Day for Day 1 Hour for Hour 9 ?In before work release No Work Default No Early Release onsecutive To: Concurrent With: Time Served CredIt: Months 0 Days 3 Hours 5-5 I'd Spectal CondItIons jSupervised Unsupervised Community Corrections Years 6 Months Days 250.00 Fine Spectat Conditions cent? that this IS a true ano :ourt Mandates hat?)! Of the original. Community Service Work 0 Years 0 Months 0 Days 2453?5illigdrg'py0o Weekends he. 5 3 0" 2.0 Alcohol Safety Course 0 Years 0 Months 0 Days OT urs UdalQl ?(Wands 20;? COURT CLERK. Unpaid Community Service: 9.19132}; No Hours Days Weeks Months DC Restitution Total 09;: 0'-Amount Per Month: Recipient: (38 Division 5 12f02f2008 Div Date 'inted on 10f4l2011 at 10:10:06 General Sessions Disposition Page 1 of1 'arrant 68550102 I hereby waive my right to counsel. Motion for Waiver of Right to Counsel Having been heretofore advised of my right to counsel pursuant to the authority granted by TCA 40-14-103, the Gift and Amendments to the United States Constitution. Article 1. Section of the Tennessee Constitution. I hereby move to waive my right to counsel which motion of the Court is pleased to grant. The defendant make oath in due form that he has been advised by the Court of the constitutional right of every defendant to be represented by counsel and to have one appomted by the Court the defendant cannot afford one. pursuant to TCA 40-14403. This motion is concurred by the Assistant District Attorney General. Assistant Attorney General Interpreter Defendant Carl Albert Vonhartman WORN to and subscribed before me this day of . . Deputy Clerk be defendant Carl Albert Vonhartman Pleads not QUiltY 10 ?'19 Offense 0? 40-406 Implied Consent - Civil Misdemeanor nd es hi rightt tried Only indic ent or or sentment preferred by a Grand Jury. and likewise waives trial by a jury of his peers. /2 2/314 )e ehdant Carl Albert Vonhartman Attorney: May. Roger 'hereupon, said defendant appeared before the Judge of the Court of General Sessions of Davidson County. Tennessee. on said charge was informed by said Judge of the offense with which he was charged. xhis right to make a statement in reference to the charge or his right to waive such statement. and being asked by said Judge whether he desired to plead gulity. or not guilty. said defendant waived the right a hearing ofthis case by a Grand Jury and the right to be put on trial by indictment or presentment and waived the right to a trial by ajury. and then entered a plea of [x lguilty not guilty to said charge an quested that this case be heard and determined by this court and said judge upon the warrant wilhout indictment orjury and upon said plea the Court having heard the evidence produced by the State and efendant and argument of counsel for the defendant. find the defendant guilty of the offense charged in the warrant and hereby orders and adjudges the defendant pay a ?ne of 1d all the costs of this cause. and that in addition to said ?ne and costs said defendant be committed to and confined in said workhouse of Davidson County for a period of DISPOSITION Pled Guilty Found Guilty Not Guilty 40-35-313 40-15-105 Dismissed Dismissed on Costs Dismissed ROS Dismissed, Cost to Pros Nolled Nolo Contendere Retired on Costs Retired SENTENCE Years Months Days Hours 1 Suspended Suspend All But Day for Day Hour for Hour before work release No Work Default No Early Release :onsecutive To: Concurrent With: Time Served Credit: Months 0 Days 0 Hours Special Conditions PROBATION Supervised I Unsupervised 1 Community Corrections Years Months Days Fine Special Conditions iourt Mandates Loss of License 1 Years 0 Months 0 Days 0 Hours 0 Weekends No Hours Days Weeks Months Amount Per Month: Recipient: GS Division 10 10/04f2011 Date D. I hereby certify that this a true ant exact any of the original. 65550102. TmilLday of_LL__, 2020 CRIMINAL COURT CLERK . .. . ?inted on 10l412011 at 10:10:39 General Sessions Disposition Page 1 oft arrant 65550101 hereby waive my right to counsel. Motion for Waiver of Right to Counsel Having been heretofore advised of my right to counsel pursuant to the authority granted by TCA 40-14-103. the 6th and 14th Amendments to the Untied States Constitution. Article 1, Section of the Tennessee Constitution, I hereby move to waive my right to counsel which motion of the Court is pleased to grant. The defendant make oath in due form that he has been advised by the Court of the constitutional right of every defendant to be represented by counsel and to have one appointed by the Court the defendant cannot afford one. pursuant to TCA 4014-103 This motion is concurred by the Attorney General Assistant Attorney General Interpreter Defendant Carl Albert Von hartman WORN to and subscribed before me this day of . . Deputy Clerk he defendant Carl Albert Vonhartman pleads x] guilty not guilty to the offense of 5-10-205 Reckless Driving Misdemeanor hi or presentment preferred by a Grand Jury. and likewise waives trial by a jury of his peers. ndant Carl Albert Vonhartman Attorney: May. Roger hereupon, said defendant appeared before the Judge of the Court of General Sessions of Davidson County. Tennessee. on said charge was informed by said Judge of the offense with which he was charged. his right to make a statement in reference to the charge or his right to waive such statement, and being asked by said Judge whether he desired to plead guilty. or not guilty. said defendant waived the right Xearing of this case by a Grand Jury and the right to be put on trial by indictment or presentment and waived the right to atrial by a iury. and then entered a plea of guilty not guilty to said charge an sted that this case be heard and determrned by this court and said judge upon the warrant without Indictment or Jury and upon said plea the Court having heard the evidence produced by the State and afendant and argument 0! counsel for the defendant. ?nd the defendant guilty of the offense charged in the warrant and hereby orders and ad}udges the defendant pay a ?ne of$350.00 we all the costs of this cause. and that in addition to said fine and costs said defendant be committed to and confined in said workhouse of Davidson County for a period of: DISPOSITION 1 Pied Guilty Found Guilty ]Not Guilty ]40-35-313 ]40-15-105 Dismissed Dismissed on Costs Dismissed ROS Dismissed, Cost to Pros Nolled Nolo Contendere Retired on Costs 1 Retired SENTENCE Years 6 Months Days Hours@ ]Suspended Suspend All But 2 days Day for Day Hour for Hour Wk release No Work Default No Early Release :onsecutive To: Concurrent With: Time Served Credit: Months 0 Days 0 Hours Special Conditions PROBATION ]Supervise - Unsupervised Community Corrections Years 350.00 Fine Special Conditions Bourt Mandates Alcohol Safety Course 0 Years 0 Months 0 Days 0 1 Yes No Hours Days Weeks Months . Amount Per Month: Recipient: . . GS Division 10 I hereby that this ts a trugianc Date em may ofthe original. 6 5 5 50 Thisiday of Lt CRIMINAL COURT CLERK Warrant No. I hereby waive my right to counsel. Assistant Attorney General (signature) I hereby cemty that this is a true ano- axact may ofthe original cart/um COURT CLERK .D.C ?e?fendant (signature) Sworn to and subscribed before me this day of A (i 35.. Deputy Clerk The defendant Q?l?d VODW . pleads guilty @not-guilty to the offense of Crit CrNsen-l? TCA Description Quali?er Class and waives his right to be tried only by indictment or present trial by ajury of his peers. offense with which he was charged, of his right to make a statement in reference to the he desired to plead guilty. or not guilty, presentment, and waived the right to a trial by ajury, and then entered a plea of and likewise waives Defendant (srgnature) Tennessee, on said charge was informed by said Judge of the barge or his right to waive such statement. and being asked by said Judge whether guilty Emu gullty to said charge and requested that this case be heard and determined by this court and said judge upon the charging without indictmen State and Defendant and argument of counsel for the defendant, ?nd adjudges the defendant pay a line of con?ned in said workhouse of Davidson County for a period of: Plead Guilty Dismissed Other: und Guilty Dimissed ROS and all the costs of this cause; and that. in ad Found Not Guilty Dismissed on?Costs the defendant guilty of the offense charged in the charging instrument and hereby orders and 11151105111011 4045-313 Retired 40-15-105 [3 Retired on Costs Nolo Contenderc Nolled Months Days Hours SEMENQE DDay for Day Hour for Hour Suspended Suspend All Butt] Months Days Hours EBay for Day Ell-Iour for Hour before work release Jail Credit Fine 3 Dindigent %Fine DWaived D8 pended %Costs DWaived [:ISuspended Other: Supervised [:JUnsupervised EiCommunity Corrections. Years Months Days Consecutive: Concurrent: CSW Hours PSW Hours Court Mandated Programs: . Restitution: Total Amount: Amount Per"Month: Recipient: Other: 4L -/poos, Judge (signa Dtvmon Date hereby certay Uial true it: a one an exact copy cit-the original. WarrantNoniMO?aaiiQ @56053/6 This [3 day of (j 20 2:0 Ihrebwi 'htto CRIMINAL COURT CLERK mmami?khun?nm? DC Having been heretofore advised of my right to counsel pursuan to the authority granted by 4044?103, the 6th and 14m Amendments to the United States Constitution, Article 1, Section 9 . eb'y move to waive my right to Counsel which motion of the Court is pleased to grant. The defendant makes oath in due form that he has been advised by the Court of the constitutional right of every defendant to be represented by counsel and to have one appointed by the court if the defendant cannot afford one, pursuant to TCA 40-14-101 This motion is concurred by the Assistant District Attorney General. Assistant Attorney General (signature) Defendant (signature) Sworn to and subscribed before me this ZZday Deputy Clerk The defendant C(l'ri pleads guilty not ?guilty to the offense TCA Description 9615/4253 ck/OQ?H?er Class and waives his right to be ied only by in lctment or presentment preferre a Grand Jury, and likewise waives trial by ajury of his peers. 4WW Defendant (signature) Whereupon, said defendant appeared before the Judge of the Court of General Sessions of Davidson County. Tennessee. on said charge was infomted by said Judge of the offense with which he was charged, of his right to make a statement in reference to the charge or his right to waive such statement, and being asked by said Judge whether he desired to plead guilty, or not guilty. said defendant waived the right to a hearing of this case by a Grand Jury and the right to be put on tn'al by indictment or presentment, and waived the right to a trial by a jury, and then entered a plea of guilty Exact guilty to said charge and requested that this case be heard and determined by this court and said judge upon the charging instrument without indictment or jury and upon said plea the Court having heard the evidence produced by the State and Defendant and argument of counsel for the defendant, ?nd the defendant guilty of the offense charged in the charging instrument and hereby orders and adjudges the defendant pay a fine of and all the costs of this cause; and that in addition to said fine and costs said defendant be committed to and confined in said workhouse of Davidson County for a period of: Plead Guilty und Guilty [1 Found Not Guilty [3 40-35-313 40.15405 Help Contendere Dismissed imissed R05 Dismissed on'Costs Retired Retired on Costs Nolled Other: SEHIEHCE omits?Days Hours for Day Hour for our Suspended Suspend Ai Butw CID- before work elense Jail Credit Fine 3 o/Elndigent %Fine DWaived DSuspended %Costs Other: ERQBAIIQH pervised DUnsupervised ELCommunity CorrectionsT Con Co one PSW Hours Court andated Programs: Restitution: Total Amount: Per-?Month! (Recipient: . . ivrsion - Date Other: m?ff??im? TENNESSEE BUREAU OF INVESTIGATION ?91? ?rs?fd ATTN: TORIS twig? 901 R.S. Gass Boulevard Nashville, Tennessee 37216?2639 David Rausch I ee . Governor I615) 744-4057 Director Facsimile (615) 744?4289 04/06/2020 DANIEL A HORWITZ 1803 BROADWAY SUITE #531 NASHVILLE TN 37203 Tennessee Criminal History Records Request Attached is the response to your request for a criminal history record check on the following individual in which Tennessee information was found. NOTE: All aliases submitted have been searched. VONHARTMANLARL ALBERT Please be aware that, unless a ?ngerprint comparison is performed, it is impossible for the Tennessee Bureau of Investigation to be sure the record belongs to the individual you requested. A ?ngerprint comparison will only be performed in the event of a written appeal of criminal history results. The information you receive will be based on only those arrests which occurred within the state of Tennessee. The Tennessee Bureau of Investigation found Tennessee criminal history based on the information provided. No criminal record check was conducted for other states or for the Federal Bureau of Investigation. Tennessee Open Records Information Services Tennessee Bureau of Investigation 901 RS. 6355 Blvd. Nashville, TN 37216 ML Signature State of Tennessee County of Davidson Subscribed and sworn before me on this day of 20 20?, by (Emmy. 61 Lem who is persohally known to me or proved to me on the basis of satisfactory idence to be the person who appeared before me. mm, ?nut L. Hg Cf, I TL??iiuessee scams .5 5 - Iranian: ExpiresmMK-AJZQ??k/ a :12 .IITHIS RECORD IS BASED ONLY ON THE SID OR FBI NUMBER IN YOUR 2648300 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. USE OF THE FOLLOWING RECORD IS REGULATED BY LAW. IT IS FURNISHED FOR OFFICIAL USE ONLY AND SHOULD ONLY BE USED FOR THE PURPOSE REQUESTED. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBUTED THE FINGERPRINTS. 2005-06-28) IDENTIFICATION SUBJECT VON-HARTMAN, CARL VONHARTMAN, CARL ALBERT (AKA) VON HARTMAN, CARL A (AKA) VON HARTMAN, CARL ALBERT (AKA) SUBJECT DESCRIPTION SEX RACE SKIN TONE MALE WHITE UNKNOWN HEIGHT WEIGHT DATE OF BIRTH 6'02" 220 1984-04-15 HAIR COLOR EYE COLOR BROWN BROWN PLACE OF BIRTH FL RESIDENCE RESIDENCE AS OF 2011-08-14 1004 CAROLYN AVE NASHVILLE, TN 37216 CRIMINAL HISTORY CYCLE 001 TRACKING NUMBER 190012081338 EARLIEST EVENT DATE 2012-10-12 INCIDENT DATE 2012-10-12 ARREST DATE 2012-10-12 ARREST CASE NUMBER 383796 ARRESTING AGENCY TN0190100 METROPOLITAN NASHVILLE PD NAME CARL ALBERT VONHARTMAN OFFENDER ID NUMBER 2648300 CHARGE NUMBER 107168043 CHARGE TRACKING NUMBER 190012081338 CHARGE LITERAL IMPLIED CONSENT - CIVIL NCIC OFFENSE CODE 7399 PUBLIC ORDER CRIMES COUNTS 1 SEVERITY UNKNOWN CHARGE NUMBER 107168042 CHARGE TRACKING NUMBER 190012081338 CHARGE LITERAL DRIVING UNDER THE INFLUENCE COUNTS 1 SEVERITY UNKNOWN COURT DISPOSITION (CYCLE 001) COURT CASE NUMBER GS605316 COURT AGENCY TN0190100 METROPOLITAN NASHVILLE PD NAME CARL VON-HARTMAN CHARGE 1 CHARGE NUMBER 12081338 CHARGE TRACKING NUMBER 190012081338 CHARGE LITERAL RECKLESS DRIVING CHARGE DESCRIPTION MISDEMEANOR COUNTS 1 SEVERITY MISDEMEANOR DISPOSITION (GUILTY PLEA - LESSER 2013-07-22; PLEA - LESSER RECEIVED: OYEARS EMONTHS ODAYS OHOURS AT FINE COST PAID SUSPEND: 5 DAYS) CYCLE 002 TRACKING NUMBER 190011062181 EARLIEST EVENT DATE 2011-08-14 INCIDENT DATE 2011-08-14 ARREST DATE 2011-08-14 ARREST CASE NUMBER 383796 ARRESTING AGENCY TN0190100 METROPOLITAN NASHVILLE PD NAME CARL ALBERT VONHARTMAN OFFENDER ID NUMBER 2648300 CHARGE NUMBER 106398403 CHARGE TRACKING NUMBER 190011062181 CHARGE LITERAL IMPLIED CONSENT - CIVIL NCIC OFFENSE CODE 7399 PUBLIC ORDER CRIMES COUNTS 1 SEVERITY UNKNOWN CHARGE NUMBER 106398402 CHARGE TRACKING NUMBER 190011062181 CHARGE LITERAL DRIVING UNDER THE INFLUENCE COUNTS 1 SEVERITY UNKNOWN COURT DISPOSITION (CYCLE 002) COURT CASE NUMBER 65550101 COURT AGENCY TN0190100 METROPOLITAN NASHVILLE PD SUBJECT '5 NAME CARL VON-HARTMAN CARL VON-HARTMAN CHARGE 1 CHARGE NUMBER 11062181 CHARGE TRACKING NUMBER 190011062181 CHARGE LITERAL RECKLESS DRIVING CHARGE DESCRIPTION MISDEMEANOR COUNTS 1 SEVERITY MISDEMEANOR DISPOSITION (GUILTY 2011-10-04; RECEIVED: OYEARS 6MONTHS ODAYS OHOURS AT FINE COST PAID SUSPEND: 2 DAYS) CHARGE 2 CHARGE NUMBER 11062181 CHARGE TRACKING NUMBER 190011062181 CHARGE LITERAL IMPLIED CONSENT - CIVIL CHARGE DESCRIPTION UNKNOWN COUNTS 1 DISPOSITION (GUILTY 2011-10-04; RECEIVED: OYEARS OMONTHS ODAYS OHOURS AT FINE COST PAID SUSPEND: PM) CYCLE 003 TRACKING NUMBER 190008035251 EARLIEST EVENT DATE 2008-03-23 INCIDENT DATE 2008-03?23 ARREST DATE 2008-03-23 ARREST CASE NUMBER 383796 ARRESTING AGENCY TN0190100 METROPOLITAN NASHVILLE PD SUBJECT '5 NAME CARL VON-HARTMAN OFFENDER ID NUMBER 2648300 CHARGE NUMBER 104378738 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL DUI NCIC OFFENSE CODE 5499 TRAFFIC OFFENSE COUNTS 1 SEVERITY UNKNOWN CHARGE NUMBER 104378740 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL SUSPENDED DRIVERS LICNESE COUNTS 1 SEVERITY UNKNOWN CHARGE NUMBER 104378739 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL IMPLIED CONSENT COUNTS 1 SEVERITY UNKNOWN COURT DISPOSITION (CYCLE 003) COURT CASE NUMBER GS371700 COURT AGENCY TN0190100 METROPOLITAN NASHVILLE PD SUBJECT '5 NAME CARL VON-HARTMAN CHARGE 1 CHARGE NUMBER 08035251 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL DRIVING, RECKLESS CHARGE DESCRIPTION MISDEMEANOR COUNTS 2 SEVERITY MISDEMEANOR DISPOSITION (GUILTY PLEA - LESSER CHARGE 2008-12?02; DISPOSITION GUILTY PLEA - LESSOR CHARGE RECEIVED 6 MONTHS FINE $250.00 COST $376.50 48 HRS) CHARGE 2 CHARGE NUMBER 08035251 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL Mv VIO COND CHARGE DESCRIPTION MISDEMEANOR COUNTS 3 SEVERITY MISDEMEANOR DISPOSITION (DISMISSED DISPOSITION DISMISSED) CHARGE . 3 CHARGE NUMBER 08035251 CHARGE TRACKING NUMBER 190008035251 CHARGE LITERAL IMPLIED CHARGE DESCRIPTION MISDEMEANOR COUNTS 1 SEVERITY MISDEMEANOR DISPOSITION (GUILTY PLEA - AS CHARGED 2008-12-02; DISPOSITION GUILTY INDEX OFAGENCIES AGENCY METROPOLITAN NASHVILLE AGENCY METROPOLITAN NASHVILLE AGENCY METROPOLITAN NASHVILLE END OF M.P.D. FORM 106 (Rev.11-99) CALEA 82.2.1, 82 3 7 Arrest Report we. Metropolitan Police Department Nashville, Tennessee 1. M.P.D. Incident Number 1] Juvenile 2008 2.122121 2. Related incident Number DNIA 3. ID. I O.C.A. Number 5833790 4. Arrest Number 0503(953 6/ 5. Arrest Date I Time 0Week B?s/u Dru [2le TH Um SA 7. Charge Which Precipitated Arrest 621.4" 732 . bur/rhea 8. Reason Arrested (Offense I Classification) 9. Social Security No None UNK 10. Driver License No. UNKD None State by T: n, 11 . Defendant?s Name (Last. First, Middle) 12. Nickname I Alias None WA Meaning.) (22? ?01 eye)? ?441. 13. Defendant's Address (Apt M) 4 City State Zip Code 14. Place of Employment I School None UNK :6 0/ Madmen Alias/4. 3? 2.2. Clio; deem-z. 15- Home Phone 16. Work Phone 17. County Resident? 18. Occupation 19. Is Arrestee a College Student? if Yes, where?) (/07 V32 '6550 LIML- DYes Manaq DYes DUNK 20. Sex 21 . Race Asia nIPac 22. Ethnicity 23. Age 24. DOB I 25. Place of Birth 26. Domestic Violence White islander ispanic Yes (If Yes Specify Black Other Non-Hispanic a Prosecutor) UNK m? UNK 07 l??OM/a 30?? 27. Height 28. Weight 29. Hair 30. Eyes 31. Location of Arrest (Street Address) 9?0! g?wcd 3)?ch ler?o?ti Jain; 32- Type of Arrest 33. Reslsted 34. Assaulted 35. Chemical 36. Arrestee Was Armed With (Check up to 2) (Enter Box if Automatic) 0n-v iew Arrest? Of?cer? Agent Used? narmed Rifle [3 Lethal Cutting instrument Summoned I Cited Firearm (T ype Not Stated) Shotgun g. knife) 8 Taken into Custody Yes Yes mo Yes Handgun Other Firearm Club Blackjack Brass Knuckles . 37. injury (Check up to 5) 38. Medical Treatment I I Baptist TN Christian 39. Transported By Apparent Broken Bones Other Major injury Refused Treatment Centennial VA Reporting Officer Possible internal injury Loss of Teeth Nashville Fire Dept Southern Hills Vanderbilt NIA Private Ambulance Severe Laceration Unconsciousness General I Meharry St Thomas Other (Specify) UNK Ambulance . . . Apparent Minor Injury El Gunshot Memorial Summit NIA Self Other (Specify) 40- Describe illness 0' injury 41 . Examining Physician 42. Medical Admitted NIA Treatment Status Released 43. License Number State Year 44- Year 45- Make 45. Model 47. Style 48. Color 542 0y.) [0 05' 073' 9/ 49. v. I. N. None Altered [j UNK. so. if Towed. VTR No. 51. Vehicle Towed To: NM 52. Vehicle Towed By: Ely! o-Tow Signed Tow-in Lot omerlSpeciiyl 55- 10- 401 DRIVEN UNDER THE INFLUENCE. REFUSAL 55 1 0 406 IMPLIED CONSENT LAW 805,0: <6 57. Refused 53. Judge 787% 59. Reason NIA DYes No 60. Physical Evidence 1? VP @??ggydent Report 61. Held or Stored By: NIA EMPD Property Section DVD (DUI) 62. Name 63. CodeI 64. Residence (Street, City) 65. Home Phone 66. Work Phone HAROLD R. TAYLOR MNPD I TRAFFIC I DUI I 59815 862-7738 ,3/01 mi fw?fn/lg; buL. ARREST REPORT M.P.D. Form 106 (Rev. 11I99) CALEA 82.2.1, 82.3.7 (Page 2) Drugs 503:7. 67. Perpetrator Suspected of Using: M.P.D. Incident Number (Same as 200_ - Alcohol 45:. 90053: 1:11 Elwin; Computer rp/ri?f/d?V/q ?4'1 lam/nos) Requires medical care or undile to care for own safety. 8 Reasonable likelihood that offense will continue. Unsatisfactory evidence of identi?cation or fingerprint refusal. Prosecution will be jeopardized. 69. ii Misdemeanor Arrest Only, Check Reason Misdemeanor Citation Not Issued. (Check 1 or More) El NIA . Reasonable likelihood that the person will fail to appear court. Defendant demands to be taken before magistrate. intoxicated person who is in danger to such person or others. Outstanding arrest warrants exist. 70. Arresting Officer (First MI. Last) (Employee No) (Radio call Sign) 71_ Arresting Officer MI Last) (Employee No HAROLD R. TAYLOR 59815 51 53 72. Supervisor Approving (Employee Number) 73. Transporting Of?cer (Employee Number) 74. Booking Clerk (Employee Number) Same as Arresting Of?cer M.P.D. FORM 106 Metropolitan Police Department 1. M.P.D. Incident Number : Juvenile (REV.04-07) ArreSt Rem? Nashville. Tennesee CALEA 82.2.1. 82.3.7 . 20110640345 Booking Type Tap Out 2. Related Incident Number 3. ID. O.C.A. Number 4. Arrest Number 5. Arrest Date Time Adult Custodial Bindover I Juvenile Custodial El 383796 110062181 08/14/2011 03:50 6. Day of Week 7. Charge Which Precipitated Arrest Sunday DUI 8. Reason Arrested (Offense Classification) Social Security Number 10. Driver License No. State DUI TN 11. Defendant's Name (Last, First, Middle) 12. Nickname /Alias lNone VON HARTMAN, CARL, ALBERT 13. Defendant's Address (Apt No.) City State Zip Code 14. Place of Employment School : None 1004 CAROLYN AVE NASHVILLE TN 37216 UNKNOWN 15. Home Phone 16. Work Phone 17. County Resident? 18. Occupation 20. Sex 21. Race 615-720-8092 MALE WHITE 19. Is Arrestee a College Student? 22. Ethnicity 24. DOB 23. Age EYES leO IUNK NON HISPANIC 4/15/1984 27 25. Place of Birth WINTER PARK FLORIDA 26. Domestic Violence Of?cer 27. Height 28. Weight 29. Hair 30. Eyes 32. Type of Arrest 33. Resisted Arrest? DNO Victim 6'02" 225 BROWN BROWN TAKEN INTO CUSTODY 31. Location of Arrest (Street Address) City State Zip Code 21ST AVE BERNARD AVE NASHVILLE TN 37212 34. Assaulted Officer? 35. Chemical Agent Used? 36. Arrestee Armed With: (Second Box if Automatic) 7 Unarmed Ri?e Lethal Cutting Instrument knife) lFirearm Shotgun Club, Blackjack, Brass Knuckles Handgun . . Other Firearm Injury/Sick 37_ Injury 38. Medical Treatement 39. Transported By Apparent Broken Bones Other Major Injury See Possible Internal Injury Loss of Teeth Incident Severe Laceration Unconciousness (Apparent Minor Injury (Gunshot 40. Describe Illness or Injury 41. Examining Physician 42. Medical Treatment Status NfAease VEHICLE 43. License Number State Year 44. Year 45. Make 46. Model 47. Style 48. Color .See Incident S420YN FL 2012 2005 CADILLAC CTS 4DOOR GRAY 49. V.I.N. [:INone [:IAltered DUNK 50. VTR No. 51. Vehicle Towed To: 52. Vehicle Towed By: 1G6DP567X50125676 L?t Warrant# Inc Num NCIC Qual TCA Sev Class Charge Description GS550101 8 20110640345 5405 A DRIVING UNDER THE INFLUENCE Warrant# Inc Num NCIC Qual TCA Sev Class Charge Description GS550102 20110640345 5414 55?10-406 IMPLIED CONSENT - CIVIL N/A Requires Medical Care Or Unable To Care For Own Safety Reasonable Likelihood That The Person Will Fail To Appear In Court Reasonable Likelihood That Offense Will Continue Defendant Demands To Be Taken Before Magistrate Unsatisfactory Evidence Of Identification Or Fingerprint Refusal Intoxicated Person Who Is In Danger To Such Person Or Others Prosecution Will Be Jeopardized Outstanding Arrest Warrants Exist M.P.D. FORM 106 Metropolitan Police Department 1. M.P.D. Incident Number : Juvenile (REV.04-07) ArreSt Rem? Nashville. Tennesee CALEA 82.2.1. 82.3.7 . 20120827556 Booking Type Tap Out 2. Related Incident Number 3. ID. O.C.A. Number 4. Arrest Number 5. Arrest Date Time Adult Custodial Bindover I Juvenile Custodial El 383796 120081338 10/12/2012 02:05 6. Day of Week 7. Charge Which Precipitated Arrest Friday DUI 8. Reason Arrested (Offense Classification) Social Security Number 10. Driver License No. State DUI TN 11. Defendant's Name (Last, First, Middle) 12. Nickname /Alias lNone VON HARTMAN, CARL, ALBERT 13. Defendant's Address (Apt No.) City State Zip Code 14. Place of Employment School : None 1004 CAROLYN AVE NASHVILLE TN 37216 SELF-EMPLOYED 15. Home Phone 16. Work Phone 17. County Resident? 18. Occupation 20. Sex 21. Race 615-720-8092 WHOLESALE MALE WHITE 19. Is Arrestee a College Student? 22. Ethnicity 24. DOB 23. Age EYES leO IUNK NOT HISPANIC OR 4/15/1984 28 25. Place of Birth WINTER PARK FLORIDA 26. Domestic Violence Of?cer 27. Height 28. Weight 29. Hair 30. Eyes 32. Type of Arrest 33. Resisted Arrest? DNO Victim 6'02" 220 BROWN BROWN TAKEN INTO CUSTODY 31. Location of Arrest (Street Address) City State Zip Code GALLATIN AVE STRATTON AVE NASHVILLE TN 37206 34. Assaulted Officer? 35. Chemical Agent Used? 36. Arrestee Armed With: (Second Box if Automatic) 7 Unarmed Ri?e Lethal Cutting Instrument knife) lFirearm Shotgun Club, Blackjack, Brass Knuckles Handgun . . Other Firearm Injury/Sick 37_ Injury 38. Medical Treatement 39. Transported By Apparent Broken Bones Other Major Injury See Possible Internal Injury Loss of Teeth Incident Severe Laceration Unconciousness (Apparent Minor Injury (Gunshot 40. Describe Illness or Injury 41. Examining Physician 42. Medical Treatment Status NfAease VEHICLE 43. License Number State Year 44. Year 45. Make 46. Model 47. Style 48. Color .See Incident S420YN FL 2013 2009 BMW 535 SERIES 4DOOR 49. V.I.N. [:INone [:IAltered DUNK 50. VTR No. 51. Vehicle Towed To: 52. Vehicle Towed By: UNKNOWN Egg? L?t Warrant# Inc Num NCIC Qual TCA Sev Class Charge Description G8605316 8 20120827556 5405 A DRIVING UNDER THE INFLUENCE Warrant# Inc Num NCIC Qual TCA Sev Class Charge Description G8605315 8 20120827556 5414 55?10-406 IMPLIED CONSENT - CIVIL N/A Requires Medical Care Or Unable To Care For Own Safety Reasonable Likelihood That The Person Will Fail To Appear In Court Reasonable Likelihood That Offense Will Continue Defendant Demands To Be Taken Before Magistrate Unsatisfactory Evidence Of Identification Or Fingerprint Refusal Intoxicated Person Who Is In Danger To Such Person Or Others Prosecution Will Be Jeopardized Outstanding Arrest Warrants Exist M.P.D FORM 100 (Rev. 5-00) CALEA 42.2.4, 82.2.1, 82.2.4 Incident Report Nashville, Tennessee Metropolitan Police Department ver 4.3 ZONE 533 R.P.A. 8995 1. MPD Incident No. 2018-0782853 Part 1 Incident 2. Related Incident 3. Other Police Agency Case Incident No. 4. Report Type 5. Report Date/Time 6. Incident Date/Time (From/To) Precinct DISPATCHED 0911312013 07:39 23:00 - 09l12l2018 23:00 Hermitage Precinct 7. Reporting/Dispatched Location El UNK Apt No City State Zip Code 2400 AV El TN Cross Street: 8. Address of Incident El Same as Block N0 7 Apt No City State Zip Code 3808 LAKERIDGE RUN NASHVILLE TN 37214 Cross Street: 9. Offense CODE 10. Offense Description 11. Status 12. Location Type CODE 1 13B SIMPLE ASSLT COMPLETED RESIDENCE, HOME 13. Weapon CODE (Enter up to 3) PERSONAL (HANDS, ETC.) 15. Hate Crime 16. Suspected 16a. Terrorism 17. (For Burglary) 18. (For Burglary/Robbery) Suspected NO Gang Activity NO Suspected NO Forced Entry Home Invasion? Part 2 31. Victim Type 19. (Last, First, Middle Name or Business Name) UNK NEW Victim Individual (18 and over) WILLETT JENNIFER NO. 1 20. SSN UNK 21. Driver (State UNK License 53%: Iii/3221855 22- Address 0f Victim Street UNK Apt No City State Zip Code E-Mail Address 2400 CHARLOTTE AVE El 207 NASHVILLE TN 37203 Cross Street 23. Sex 24. Race 25. Ethnicity 27. County Resident 23_ DOBEI UNK El 29. Age El 29. Phone Numbers HM: WK: (573) 2752 478 30. Victim of Offenses: 13B (Ref Block 32. Local College Student? (lers, List Name of College/University) NIA 33. Employment (Name) El MNI (Address) (Apt No (Cross Street) (City) (State) (Zip Code) (Email Address) 34. Domestic If Yes Answer . . . Was Were Children Were Children D'Sturbance? NIA the Fol/owmg prifectgogo taken to taken to Present During Questions Violated? Safe Place? Safe Place? Incident? 35. Victim to Suspect 1 LADELL, TARA Relationship VICTIM WAS ACQUAINTANCE 36. Aggravated Assault/Homicide Circumstances 37. Negligent Manslaughter 38. Justi?able Homicide Incident Report 128. 1. M.P.D. Incident No.: M-P-D- Form 100 Page 2 of 4 2018-0782853 Part 3 92. (Last, First, Middle Name) El Alias Driver Lic. No. Suspect 1 LADELL TARA Unknown 93. Address Street UNK Apt# City State Zip Code 95. Phone No. UNK Cross Street: 97. Sex 98. Race 99. Ethnicity 100. DOB UNK 101.Age UNK 104. Height 105. Weight FEMALE WHITE NON HISPANIC ORI 45 - 5 5 130 106. Hair 107. Eyes BROWN BLUE 108. Scars and Other Identi?ers 109. Clothing 102. Suspected of Using NA 103. Status (Enter up to 2) Alcohol Drugs Computer AT LARGE 96. Weapon/Tool (Enter Up To 3) PERSONAL (HANDS, ETC.) 110' Vehicle Used None Seized (If seized, complete Part 5, Motor Vehicle Section) MVI (Year) (Make) (Model) (Style) (Co/or) (License No.) (State) (Yr) Part 4 IA 39. Other Person Type (Non-Victim) 40. (Last, First, Middle Name) MNI 57639357 Other Person 1 Witness VONHARTMAN CARL 41.Address Street UNK Apt No. City State Zip Code 42. Place of Employment/School UNK 3808 LAKERIDGE RUN NASHVILLE TN 37214 Cross Street: 43. Status 44. Sex 45. Race 47_ DOB UNK 46. Age UNK 48. Phone HM Numbers WK NIA MALE WHITE 04/15/1934 34 Cell/Pager Part 5 Property 49. Victim/Suspect No. 50. Cat CODE Category (Other) 51. Property Description (Make) (Model) (Size) (Type) (Color) 52. Serial No. Owner Applied No. 53. QTY 54. Type CODE 55. Cond CODE Condition CODE (Other) 56. Est Value 57. Date Recovered Recovered $Value 58. Stored By CODE Stored By (Other) Incident Report 128. 1. M.P.D. Incident No.: Form 100 Page 3 of4 2018-0782853 Part 6 Injury 85. Injured Transport Victim 1 WILLETT, JENNIFER 86. "Injury" Code (Enter Up to 5) APPARENT MINOR INJURI 87. Describe Injury SCRATCHES AND BRUISES ON VARIOUS PARTS OF BODY 88. Medical Treatment REFUSED TREATMENT 89. Transported By NIA WA 91. Status 90. Examining Physician Part 7 Search By Officer 111. Search Type 112. Searched Location (Address, Area, Etc.) Part 8 Other Section Called To Scene: Units Requested Yes, for: Photos Prints Other Other: DNA El Firearms El Brass Casings 114.0ther Units Called: Part 10 Narrative 120- THE VICITM, JENNIFER, ADVISED POLICE THAT SHE WENT TO OP 1, RESIDENCE YESTERDAY TO VISIT WITH HIM. SHE ADVISED THAT SHE WAS IN A DATING RELATIONSHIP WITH CARL. SHE ADVISED THAT WHEN SHE ARRIVE CARL CAME OUTSIDE TO MEET HER AND DID NOT BRING HER INSIDE, WHICH SHE THOUGHT WAS STRANGE. SHE ADVISED THAT WHILE THEY WERE OUTSIDE SPEAKING THE SUSPECT, TARA, OPENED THE DOOR TO THE RESIDENCE AND STEPPED OUT. JENNIFER ADVISED THAT CARL AND HER CONTINUED TO SPEAK FOR A SHORT PERIOD WHEN CARL ASKED HER TO COME INSIDE SO THEY ALL 3 COULD SPEAK TOGETHER ABOUT THE SITUATION. JENNIFER ADVISED THAT WHILE INSIDE SPEAKING WITH TARA AND CARL SHE WAS SEATED ON AN IN THE LIVING ROOM WHILE THEY WERE STANDING. SHE ADVISED THAT DURING THE CONVERSATION TARA BEGAN TO GET ANGRY SO SHE LEFT THE CONVERSATION AND WENT TO A DIFFERENT PART OF THE RESIDENCE. JENNIFER STATED THAT SHE CONTINUED TO SPEAK WITH CARL WHEN SUDDENLY TARA ATTACKED HER. JENNIFER ADVISED THAT TARA WAS HITTING HER AND SCRATCHING HER ALL OVER. JENNIFER STATED THAT SHE DID NOT DEFEND HERSELF BY FIGHTING BACK AGAINST TARA. jennifer advised that once she was able to get away from tara she made her way outside. she advised that the told carl she was going to call the police due to the assault. she advised that carl told her "if you call the police i am going to post naked pictures of you on the internet". jennifer advised she changed her mind at that time about calling the police. Jennifer advised that this morning she had been in communication with an attorney and had decided to call the police to complete an incident report. Jennifer also advised police that she has numerous text messages from carl saved that state he will post pictures of her online and also get her fired from herjob. jennifer had visible signs of injury in numerous places on her body. she has scratches on her face, arms, leg, and the back of her neck. she also had a large bruise on the top her foot. she advised that her entire body hurts and that "she feels like she was in a car wreck". Jennifer stated that she was unsure on prosecution at this time, but wanted the assault to be documented. photographs of jennifer's Incident Report M.P.D. Form 100 1. M.P.D. Incident No.: 2018-0782853 128. Page 4 of 4 injuries were taken and attached to this incident report. 121. Report is Continued on: (Check all that apply) Supplement Report Addendum Report 122. Signature of Recipient/Authorizer: Refuseto Sign WILLETT, JENNIFER Victim 1 126. Advisory Notice Issued Citizen Information Notice Vl?ll Victim Prosecute: Victim 1 WILLETT, JENNIFER Unsure (See Narr.) Primary Investigative Unit: HERMITAGE INVESTIGATIONS Can Victim/Other Person Identify Suspect(s): Victim 1 WILLETT, JENNIFER Yes Reporting Agency: METROPOLITAN NASHVILLE POLICE DEPARTMENT Person 1 VON HARTMAN, CARL Yes 127. Case Status Open Cleared by Exception Cargo Theft 123. Reporting Of?cer (First, MI, Last) Employee No. Agency Radio Call Sign District ISIKEVIN REYNOLDS 179580 TN0190100 617A 124. Approving Supervisor Employee No. Agency ISIJAMES SMITH JR 226316 TN0190100 125. Reviewer Employee No. Agency Date ISIMARSHALL KEMP 275921 TN0190100 Comments Crime Scene Photo(s) Taken: YES in Cohan Arrest And Booking Report m2003 Incident #20031 731 Amend tt Jacksonville Sheriff?s Office . . . . . Jacksonville Florida Jail ll 2003014674 #1612003 07.35 Ftle Direct. YES Jsomtt ADULT SSN OBTS Arresting Agency: University of North Florida Police Dept. Day/Date/Iinte Arrested: Wednesday 04:00 Name: VON HARTMAN A Sub-Sector of Arrest: Aliases: I - NichntuneIs): .1 6p Subject?sliome Address: 1 1800U DRN Apt/Lot it: 328 4a?. it?b-Sector of Residence City: JACKSONVILLE State: FLORIDA Zip: 32224 qr?g? dEpryed-grtorto/durtng Arrest: No - Race: WHITE Sex: Male D08:4l15l1984 Age: 19 Color: BROWN . 1&1 2:21; h. i Hair Color. BROWN Complexion: FAIR, LIGHT Height: 6' Weight: 100 Build: Me i ii; ?2 'ftr:" Drivers License it State: Subject? Resident Type: CITY t, :3 1 "'2?qu 1.x ?ow long in Jax. I Hm Phone Bus. Phone Phone Ext. 3t A axon-rig Arrest Made 0n: 6V Distinguishing Marks: Sul?ectis Residence Status: KY AR (PART-TIME) Armed With: PERSONAL (HANDSI Employer: STUDENT, UNF Plac of Birth: UNK School Last Attended: UNF . US Citizen: YES [Domestic Violence Involved: . Children under [8 Present: IfNo is it Domestic Related: NO I Day/Date/Time of Incident-From: Wednesday 4/1 5/2003 02230 I Day/Date/Time of Incident- To: Wednesday 4,161200302t40 Incident Address: 11800 DR Apt/Lat R328 Ojfense Location Type: Interviewed by: Where Arrested. 11800 I: DR Apt. lLot BLDG Involved tn Trajf Accident: N0 Injuries from Accident: Is Incident Gong Related: N0 Is Arrestee (1 Gang mentb?er? NO Statute or Ordinance Number(s): #1 Statute No. .8810. Degree: -LF UCR Code: 220A Attempt Code Commit 4i16l2003 -07:29 BURGLARY DWELLING - MAKES AN ASSAULT OR BATTERY UPON ANY PERSON Citation at Warrant type: Not. Applicable Copies/Warrant Case ii i No. of Counts: Jurisdiction: CT. Location/Div.: Bond Amount:$. Date of Issue: Date of Return: Judge: Disposition: #2 Statute Na: Degree:M1 ucn Attempt Code: Commit 4:1 omens-07:29 BATTERY SIMPLE Citation I - Warrant Type: NOI Applicable Copies/Warrant Case No. of Counts: . Jttrisdt?ction: c7: Location/Div..- Band Amount:$. 6/ a Date of Issufig DataofRetumr: 3? 5* r: Judge: DispositionDisposition Date: 3:27:91:- Blankeggond: 1 um: 9400 APPROXIMATELY 3:05 AM, 16 APRIL 2003, I WAS DISPA A AT ED T0 BUILDING, ROOM 116 FERENC BATTERY. UPQN ARRIVAL, MET WITH THE RESIDENT AS NT, MR. ONE OF HIS RESIDENTS HAD BEEN CHOCKED. AT THIS 12] I .ET WITH ADEIAVONHARWAMFARAA ARREST REPORT .21".th DLT STATE OF FLORIDA DUVAL COUNTY I. UNDERSIGNED Clerk of the Circuit 8. County Courts. Duval County. Florida DO HEREBY the within and foregoing. consisting of I pages Is a true and correct copy of the onginal as it appears on record and ?le In the Circuit 8: County Courts of Duval County Flcindar WITNESS my hand and sea of urts at Jadtsonvilte Fiorida this th? 22 day of . FUSSELL i J: .. .- .. ETATE OFFICEO . HARRY L. STATE . MEMORANDUM TO: PROSECUTOR COUNTY COURT DATE: May 0, 2003 FROM: ARRAIGNMENT DATE: May 7, 2003 Division CRE CASE NO.: RE: HARTMAN - DOCKET No: 2003-014674 S.A. CASE NO: 03CF601812AD ARREST DATE: April 16. 2003 After reviewing. it is my decision to transfer the above to your court for disposition. The changes in - charges are re?ected on an attached copy of the above-referenced docket. The above is: Out on bond posted by Inc A?freedom Bail Bonds. 233 East Bay Street, Unit Jacksonville. Florida 32202. who has noti?ed by letter to produce the principal in County Court, .Courtroom Number I . at ,on 5,029,433 . I A by. Mai?? . Dix/rig; Chiei:as on A 1? 9 .2003 .. CLERK 0093? lN COMPUTER 2 5' W.. pattejliecewed?in MFD: MED lnitialSi - - j; - . . . Walla: Exhibit M.P.D FORM 100 (Rev. 5-00) Incident Report Part 1 Incident 2. Related Incident Metropolitan Police Department Nashville, Tennessee ZONE CALEA 42.2.4, 82.2.1, 82.2.4 533 N/A 6. Incident Date/Time (From/To) 5. Report Date/Time DISPATCHED 09/12/2018 23:00 09/13/2018 07:39 Precinct 09/12/2018 23:00 - Apt No UNK 7. Reporting/Dispatched Location 2400 CHARLOTTE AV 2018-0782853 8995 N/A 3. Other Police Agency & Case Incident No. 4. Report Type 1. MPD Incident No. R.P.A. Hermitage Precinct City State TN Cross Street: 8. Address of Incident Same as Block No 7 Apt No City State Zip Code NASHVILLE TN 37214 3808 LAKERIDGE RUN Cross Street: # 1 9. Offense CODE 10. Offense Description 11. Status 12. Location Type CODE 13B SIMPLE ASSLT COMPLETED RESIDENCE, HOME 13. Weapon CODE (Enter up to 3) PERSONAL (HANDS, ETC.) 15. Hate Crime Suspected NO 16. Suspected Gang Activity NO Part 2 Victim No. 1 Same as Address of Incident (Block #8) N/A 16a. Terrorism Suspected NO 17. (For Burglary) Forced Entry 31. Victim Type 20. SSN UNK WILLETT NEW UNK State Zip Code N/A E-Mail Address V 2400 CHARLOTTE AVE NASHVILLE 207 Cross Street 24. Race 25. Ethnicity TN 27. County Resident WHITE 29. Phone Numbers MNI (State City Apt No UNK UNK JENNIFER 21. Driver License N/A 22. Address of Victim Street FEMALE 18. (For Burglary/Robbery) Home Invasion? If Hotel/Motel/rental Storage No. of Premises Entered 19. (Last, First, Middle Name or Business Name) Individual (18 and over) 23. Sex Zip Code 28. DOB Yes HM: 37203 UNK N/A 27 09/16/1990 Cell/ Pager: WK: 29. Age N/A - (573) 275-2478 30. Victim of Offenses: 13B (Ref Block #9) 32. Local College Student? (If Yes, List Name of College/University) N/A 33. Employment MNI (Name) N/A (Address) (Apt No (Cross Street) (City) (State) (Zip Code) (Email Address) 34. Domestic Disturbance? N/A 35. Victim to Suspect 1 If Yes, Answer the Following Questions Was Order of Protection Violated? Was Victim taken to Safe Place? LADELL, TARA 36. Aggravated Assault/Homicide Circumstances 37. Negligent Manslaughter Were Children taken to Safe Place? Relationship VICTIM WAS ACQUAINTANCE 38. Justifiable Homicide Were Children Present During Incident? Years V Incident Report M.P.D. Form 100 Part 3 92. (Last, First, Middle Name) Suspect # 1 93. Address 1. M.P.D. Incident No.: 128. Page 2 of 4 Alias LADELL Street UNK NEW MNI Unknown TARA Apt # UNK 2018-0782853 94. SSN or Driver Lic. No. City State Zip Code 95. Phone No. UNK Cross Street: 98. Race 97. Sex FEMALE 106. Hair 107. Eyes BROWN BLUE 108. Scars and Other Identifiers Drugs - Yrs 104. Height 105. Weight ' " 5 5 lbs 130 103. Status (Enter up to 2) AT LARGE Computer PERSONAL (HANDS, ETC.) (Enter Up To 3) 110. Vehicle Used (Year) 45 UNK 109. Clothing NA 102. Suspected of Using 96. Weapon/Tool 101. Age UNK NON HISPANIC OR LATINO WHITE Alcohol 100. DOB 99. Ethnicity None Seized (Make) (Model) Part 4 N/A Other Person # 1 41. Address Street (Style) Witness Apt No. UNK City MALE Part 5 Property State 45. Race WHITE UNK 04/15/1984 37214 46. Age 34 42. Place of Employment/School V UNK 48. Phone Yrs Numbers - HM WK Cell/Pager 49. Victim/Suspect No. N/A Category (Other) 50. Cat CODE (Make) 52. Serial No. 54. Type CODE 56. Est $ Value 58. Stored By CODE 51. Property Description (Model) (Size) (Type) Owner Applied No. (Color) 53. QTY 55. Cond CODE 57. Date Recovered (State) (Yr) 57639857 Zip Code TN 47. DOB (License No.) CARL NASHVILLE 44. Sex MNI VONHARTMAN Cross Street: N/A (Color) 39. Other Person Type (Non-Victim) 40. (Last, First, Middle Name) 3808 LAKERIDGE RUN 43. Status MVI (If seized, complete Part 5, Motor Vehicle Section) Condition CODE (Other) Recovered $Value Stored By (Other) UNK Incident Report M.P.D. Form 100 Part 6 Injury & Transport N/A 128. 1. M.P.D. Incident No.: Page 3 of 4 2018-0782853 85. Injured Victim 1 WILLETT, JENNIFER 86. "Injury" Code (Enter Up to 5) APPARENT MINOR INJURY 87. Describe Injury SCRATCHES AND BRUISES ON VARIOUS PARTS OF BODY 88. Medical Treatment REFUSED TREATMENT N/A 90. Examining Physician Part 7 Search By Officer Part 8 Other N/A Units Requested 89. Transported By N/A 91. Status N/A 111. Search Type 112. Searched Location (Address, Area, Etc.) 113.I.D. Section Called To Scene: Yes, for: Photos DNA Prints Firearms Other Other: Brass Casings 114.Other Units Called: Part 10 Narrative 120. THE VICITM, JENNIFER, ADVISED POLICE THAT SHE WENT TO OP 1, CARL'S, RESIDENCE YESTERDAY TO VISIT WITH HIM. SHE ADVISED THAT SHE WAS IN A DATING RELATIONSHIP WITH CARL. SHE ADVISED THAT WHEN SHE ARRIVE CARL CAME OUTSIDE TO MEET HER AND DID NOT BRING HER INSIDE, WHICH SHE THOUGHT WAS STRANGE. SHE ADVISED THAT WHILE THEY WERE OUTSIDE SPEAKING THE SUSPECT, TARA, OPENED THE DOOR TO THE RESIDENCE AND STEPPED OUT. JENNIFER ADVISED THAT CARL AND HER CONTINUED TO SPEAK FOR A SHORT PERIOD WHEN CARL ASKED HER TO COME INSIDE SO THEY ALL 3 COULD SPEAK TOGETHER ABOUT THE SITUATION. JENNIFER ADVISED THAT WHILE INSIDE SPEAKING WITH TARA AND CARL SHE WAS SEATED ON AN OTTOMAN IN THE LIVING ROOM WHILE THEY WERE STANDING. SHE ADVISED THAT DURING THE CONVERSATION TARA BEGAN TO GET ANGRY SO SHE LEFT THE CONVERSATION AND WENT TO A DIFFERENT PART OF THE RESIDENCE. JENNIFER STATED THAT SHE CONTINUED TO SPEAK WITH CARL WHEN SUDDENLY TARA ATTACKED HER. JENNIFER ADVISED THAT TARA WAS HITTING HER AND SCRATCHING HER ALL OVER. JENNIFER STATED THAT SHE DID NOT DEFEND HERSELF BY FIGHTING BACK AGAINST TARA. jennifer advised that once she was able to get away from tara she made her way outside. she advised that the told carl she was going to call the police due to the assault. she advised that carl told her "if you call the police i am going to post naked pictures of you on the internet". jennifer advised she changed her mind at that time about calling the police. Jennifer advised that this morning she had been in communication with an attorney and had decided to call the police to complete an incident report. Jennifer also advised police that she has numerous text messages from carl saved that state he will post pictures of her online and also get her fired from her job. jennifer had visible signs of injury in numerous places on her body. she has scratches on her face, arms, leg, and the back of her neck. she also had a large bruise on the top her foot. she advised that her entire body hurts and that "she feels like she was in a car wreck". Jennifer stated that she was unsure on prosecution at this time, but wanted the assault to be documented. photographs of jennifer's Incident Report M.P.D. Form 100 128. 1. M.P.D. Incident No.: Page 4 of 4 2018-0782853 injuries were taken and attached to this incident report. 121. Report is Continued on: N/A 122. Signature of Recipient/Authorizer: (Check all that apply) N/A Refuse to Sign Supplement Report Addendum Report 126. Advisory Notice Issued WILLETT, JENNIFER Victim 1 Citizen Information Notice Will Victim Prosecute: Victim 1 WILLETT, JENNIFER Unsure (See Narr.) Primary Investigative Unit: HERMITAGE INVESTIGATIONS Can Victim/Other Person Identify Suspect(s): Victim 1 WILLETT, JENNIFER Yes Person 1 VONHARTMAN, CARL Yes Reporting Agency: METROPOLITAN NASHVILLE POLICE DEPARTMENT 127. Case Status Cleared by Exception Cargo Theft Open 123. Reporting Officer (First, MI, Last) Employee No. Agency Radio Call Sign District /S/KEVIN REYNOLDS 179580 TN0190100 617A 124. Approving Supervisor Employee No. Agency /S/JAMES SMITH JR 226316 TN0190100 125. Reviewer Employee No. Agency Date /S/MARSHALL KEMP 275921 TN0190100 09/13/2018 Comments Crime Scene Photo(s) Taken: YES Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, ) ) ) ) ) ) ) ) ) Plaintiff, v. KORTNI BUTTERTON, Defendant. Case No.: 20C740 AFFIDAVIT OF MELISSA INGRAM 1. My name is Melissa Ingram, I have personal knowledge of the facts affirmed in this Affidavit, I am competent to testify regarding them, and I swear that they are true. 2. I am the administrator and creator of the Facebook Group “This is not a swipe left group in Nashville.” The group was created in December of 2008 for women who wanted to share their dating experience in Nashville. 3. The criteria to join the group were: (i) That you lived in Nashville; (ii) That you identified as a woman, and (iii) That you agreed not to share screenshots from the group. 4. In April of 2019, Carl Vonhartman was posted about in the Facebook group for the first time. Several women commented about bad experiences with him and his temper. 5. The next time Carl was posted about was January 2020. On that thread, several women shared about their experience with Carl. 6. I offered the opportunity for group members to message me if they wanted to post or comment anonymously and I would comment on their behalf. I received several messages from women who didn’t want to share their experiences, but who echoed the sentiment on the post that Page 1 of 3 on their date with Carl, he was aggressive and overall self-absorbed. 7. On January 29, 2020, I received a private Facebook message from Carl around 9:30 a.m. CST. Between then and 11:30 a.m., Carl and I exchanged a few messages and I realized that he was completely out of control. 8. I offered that Carl could call me, hoping that maybe he was just taking messages out of context and he would calm down. 9. At 11:40 a.m., Carl Durden (as he goes by on Facebook) called me through Facebook Messenger. The call lasted approximately 40 minutes. 10. During his phone call with me, Carl would go from being calm and understanding that this is freedom of speech and that nothing that was posted was defamatory to insanely upset and unstable. 11. I realized that Carl was just an unstable person and told him that there was no point in us speaking further as he was just talking in circles. 12. At that time, Carl got extremely upset with me. He started screaming “I’m going to find out where you live. I’m going to know where you work and I’m going to come after you.” 13. I ended the call and immediately called my kids’ school and asked them to please keep my kids at school and told them I would pick them up. 14. I was concerned that Carl would find my home. My kids getting home without me there or getting off the bus made me very nervous. 15. Carl’s actions on the call were alarming. He was extremely upset to the point that he was stuttering terribly and could hardly get out a thought without going from talking to screaming at me. 16. Carl continued messaging me on Facebook until around 2:30 p.m. asking that I Page 2 of 3 remove a post about him on the page. 17. I told him I would not remove the post as I thought that it was important that women be able to share their experience. 18. My complete Facebook message correspondence with Carl is attached to this Affidavit as Attachment #1. 19. After ending my correspondence with Carl on January 29, 2020, I shared my attached correspondence with Carl with Kortni Butterton. 20. At approximately 4:30 p.m. that same afternoon, Kortni messaged me on Facebook letting me know that Carl was at her house, banging on her door. I suggested she call the police as soon as possible. 21. I connected Kortni with an attorney that I know who could assist in getting a protection order. I was fully in support of Kortni through the order of protection hearing and appeared as a witness in the case. Further affiant sayeth not. Pursuant to Tenn. R. Civ. P. 72, I declare under penalty of perjury that the foregoing is true and correct. ________________________ Melissa Ingram Melissa Ingram (May 8, 2020) May 8, 2020 ________________________ Date Executed Page 3 of 3 Attachment #1 . Cart Burden Cari Durden You and Cari aren't connected on Facebook Please show me on that 15 year old arrest report how that's domestic vioience. Please. I'd iove to see it. That was for a ?ght that I got into inSide my dorm room in coliege. Nothing about that was domestic in nature. You are spreading false and defamatory information. I know your little group thinks it's untouchable. but you aren?t. Saying that I was arrested for domestic assaut?t is a blatant lie'. It was a fight inside my claim when was 19, you fat . fucking moron. Please, post a scene of this in your group as well . Streen literallyjust got off the phone with my attorney at the Cole group You saying That I have a clear history of' domestic violence is the exact de?nition of defamation and slander. it was a fight from my college dorm when I was 19 years old, and Charges were later dismissed. And I really don't care about your opinion of my personality or what anyone else in your group thinks of me, but you aren't going to say that I've been arrested for dome-stir assault when that?s completely false. Sorry, it isn?t going . to happen. I copied and pasted someone else's continent But I've edi!ed it. to: clarity. You have been posted about. on multiple FE- pages by rriuitjple wo that report the same thing. You spiraling and its unheatthy. I'm sure-I have and I really don?t care. I literally get called aggressivejust for sticking up for myself. I?ve done nothing wrong here. I?ve never hit a woman. . Again; you?re in no position Iojudge me or how I live my life Nobody said you hit a woman" Saying I was arrested for domestk violeme implies that . I could saythe same thing about your weight and unhealthy lifestyle. You don?t matter. You aren't god, Stop acting like it. I literally could not care less. I?m an admin ofa site for singie women that. need a resource to stay safe That's it. I dont hang out on there. Not my bag. Nobody said you hit a woman. The screen grabs-are there and say the exact charges. Nobody once said you hit. a woman. Seriously. i do not act or think iike i'm ince we don know each we shoulom e. I teil the ladies to take what is oosteo With a grain of salt. Their are crazy . and 3 Sid to every story. Clears?there is only one side to this story. . I'm a monster that hits women Not one person said that. . Catt Burden Not one rsorl said that. I?m not gomg to sit by and let this happen. You've started a warwith the wrong man I literally have multiple women sending me screens each time this nonsense is posted about me. I'm about to create a group where do nothing but share each and every post from your group And that's going to include any and all information I can ?nd I'm sure this group started as a way to protect women from guys who are actually abusive, but it's turned into else. It's. turned into a group where pathetic cowards whine and cry when a guy doesn?t text them back. You aren't doing any service to the community with this I really don?t care is this oosts me 20k. l'll see you in court for-saying that was arrested for domestic violence . But yeah. I?m spiraling. Could be worse] could begrossly overweight with a bunch of kids. It wasnt just tor abuse. Just guys that weren't honest really. But I do ?try to monitor posts. If someone is being petty the post ls deleted there are 3 swrpe lett groups in Nashville. admin 1, the' started after girls were posting guy In Nashville Girls It' you knew rneyou would know that am extremely neutral. Women get upset about. shit they shouldn'L I'm not one ol' people. I?m not even a Single person. hate typically catty still and the difference 4n our group is ido that shit. I have epral'ned myself more you oeserve atter the personal attacks. I hope you get the help you need I am perfecthl happy and comfortable my lite Carl. Please be a human By the end of the day I?ll havejyour full name and employer so I can move forward with this suit . Yeah, l?m the one'that needs help. This is personal and I'm not going to stop until this gets corrected, Let me. know the attorneys info. II gladly give them a call, Nothing was posted that was untrue You can say this until you're blue in the fate. . I have the screen shot I have had l_I experieniewlm you other Illan here in this message And you are unstable The screen shot of nobody saying you hit worn en? Who is the attorney I should call? I'm unstable because I'm speaking the truth? . Please, what did I say that was unstable? 0 'h . Carl Burden . That's defamation. ?Carl seems to have a history of domestic vietence Where does that say anything about you hitting I love this. Typical female [0955. . I?m unstable because I'm saying mean things Feet ilPl} g=v9 me 3 Id? . Sure thing.What?s the number? You can catl me right here. I'm hampy to talk. to you. Carl catted you. January 29, 2020 at 111-11 AM . Call Again PM . You realiyjust can?t leave it alone. can you? I have cantacted an attcmey Please do HGT contact me anymore. I was very understanding to your DDSITIOH before you. reached Gut that. way ?v'uu have ?ght with Laura. nut me. wish yuu the beat Iri whatever it Is you are attempting t0 do here. I warn. to do it My group! me did nothing wrong. me again. I If! the ()0!th recording of Catt and VOUI threatening me. Pasting anuthe'r post a?out me personalty dearty shows you have everything to'dn with it. Gaahead and 'contact every alt?rney you'd like, I?m the one with screen shots Qi? you saying that was arrested for domestit viotience. Ewan-555399.. l? 0 Carl Burden Posting another post about me personally clearly. shows you have everything to do with it. Go ahead and contact every attorney you'd like. I?m the one with screen shots of you saying that. was arrested for domes-tic viotence. . Please, go to the police as well. I didn't threaten you at all. l?m sorry that you're too stupid to understand plain speaking. I mean every word of what Isaid. There will be real and actual consequences for this defamation. violent or at] . . the home, ty tl'it= violent ab partner. Domestic Violence is anyone in the home. it. has nolliign to do With a Spouse. Your phone call With me is- all recorded. You threatened me. My post is very clear about the rea'on why it's not okay I have been the petson you are attacking and have done nothing wrong. This is insane and you calling me that way only made you look more ridiculous. I was nice to you when you were tar less than to me. You weren?t nice at all. You dearly think that you're some kind of moral authority. You don't even know me and to call me unstable etc is preposterous. I could careless it you have a recording. know exactly what I said. I'll say it again, you?re starting a war with the wrong man. . l?m-sitting down my with attorney tomorrow and showing her all these screens Do not message me again. i didn?t sia rt a war with r?ou called me and threatened me. Iwauld have gladiy deleted the post and moved on until I fell like! was in danger. You were on my page talking about my kids and trying to figure out where I live. Telling me you would go to my run. Can you imagine? .Go ?ght Laura. ME. On your page? You should havejust deleted the post and moved-on . Now you?ve-created something that can?t be undone. l'm going to ask you once to respectfully delete that post and I'll delete the group 1 created where l?ll be sharing screen shots of your group's pogo Ihe List about you! . And created a new one that?sjust as bad The past she made about you with you picture and everyone commenting about how you have an anger problen?r was deleted earlier The only post I made was just letting them know why so many posts were deleted And told your side oi the. story to BE CLEAR that it was a long time ago and somethign stupid [ruin college. No. you didn?t. . It's fine. Go ahead and keep defaming me. l'm going to do everything within my legal right to make sure you pay for this. To be clear, according to Carl. he was arrested tor a iignt in a dorm room. . I will not stop until this is?right. What else do you want rCarl:I . I want to be left alone. I want that post you just put up deleted so we can go our separate ways. I'd really love to not lee! threaten you Not Ieel like i need 0 (all my kid 1' today and tell them to make 5 my kids wen: pt li'l the school ally would have like . nd IEI him know. . It's your Choice. If that post stays up then I?m going to be doing everything in my power to make sure thisgets corrected. 0 Carl Durden It's youmhoice. Ifthat post stays up then l'm going to be doing everything in my power to make sure this gets in?ected, You madea comment about not even living in Nashville I was simply gomg off what was (in your pro?le That's it. All tme, You have no right to pass judgment on me Cleadv you want to keep this going so I'll gladly dbtige If it?s a war you want then that?s what you're going to get You?re on drugs. never said that But l'll gladly hire a private-investigator to ?nd out every?iing I need to know to see you in court Well, if you didn't want to continue this then you shouldn't have defamed me again I'm riot doing this anymore. I asked you 3 times to remove that post so we could go ourseparate ways a a My husband really liked the Call from his wire in tears over a tucking laceooak page that :5 FOR WOMEN TO LOOK OUT ONE ANOTHER. I don?t even quality to be a member. You rroseerl the line when you :Itarted telling me you knew where I lived rould say the same thing about your WEIglit and unhealthy lifestyle. ?I'nu don't matter You aren't g-td Si'np acting like it But yeah. spiraling Could be worse. I could be grossly ovr-nirc?ight With a bunch of kit I had no demre to EVER :jummtinltate With van or have anthinq to dd With the [tram] that surrounds whatever you have going on. ?i?cu seem tr: be okay With the war,- VDU talked to me. the threat vou made. and the (imam-aging thing: you said. You told me by the enrl of today you woutd know where I live, where I work and I am and we would rams aft?l me I CALLED MY don?t know you rat all I have no idea what you're capable of. I am getting beat down over something when I?m not the bad guy. Y's-5 lhat is what you bald the (all trying to Just end the issue. Have a conversation and hopelull',? not do a crappy rne?sa What was said that WEE defamatory? Affidavit of Melissa Ingram & Attachment Final Audit Report 2020-05-09 Created: 2020-05-06 By: Daniel Horwitz (daniel.a.horwitz@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAqtRWMq7sE0UonKVh6EjwtJmR9ZOdZkCa "Affidavit of Melissa Ingram & Attachment" History Document created by Daniel Horwitz (daniel.a.horwitz@gmail.com) 2020-05-06 - 11:20:47 PM GMT- IP address: 136.58.90.241 Document emailed to Melissa Ingram (melissaaing@gmail.com) for signature 2020-05-06 - 11:21:17 PM GMT Email viewed by Melissa Ingram (melissaaing@gmail.com) 2020-05-09 - 1:16:51 AM GMT- IP address: 66.249.88.191 Document e-signed by Melissa Ingram (melissaaing@gmail.com) Signature Date: 2020-05-09 - 1:17:31 AM GMT - Time Source: server- IP address: 174.195.1.143 Signed document emailed to Melissa Ingram (melissaaing@gmail.com) and Daniel Horwitz (daniel.a.horwitz@gmail.com) 2020-05-09 - 1:17:31 AM GMT Exhibit IN THE SESSIONS COURT OF DAVIDSON COUNTY, TENNESSEE KORTNI BUTTERTON, * * Petitioner, * * vs. * * Case No. 20OP250 CARL ALBERT VONHARTMAN, * * * Respondent. * * Nashville, Tennessee * February 10, 2020 * * * * * * * * * * * * * * * * * * HONORABLE ANA L. ESCOBAR PRESIDING Transcript of proceedings ____________________________________________________________ Transcribed from a digital file by: Laurie McClain 615-351-6293 lauriemcclainmusic@gmail.com Page 2 1 A P P E A R A N C E S 2 3 4 5 6 7 8 SHYANNE RIDDLE, ESQ. May McKinney, PLLC 214 2nd Avenue N. Suite 400 Nashville, TN 37201 RACHEL C. WELTY, ESQ. Welty Law Office 20 Music Cir. E. Nashville, TN 37203 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 3 1 I N D E X 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 EXAMINATION PAGE KORTNI BUTTERTON: Direct by Ms. Welty........................... 4 Cross by Ms. Riddle........................... 9 Redirect by Ms. Welty......................... 17 MELISSA INGRAM: Direct by Ms. Welty........................... 18 Cross by Ms. Riddle........................... 22 CARL ALBERT VONHARTMAN: Direct by Ms. Riddle.......................... 34 Cross by Ms. Welty............................ 48 17 18 19 20 21 22 23 24 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 4 1 2 THE COURT: 20OP250. Okay. For the record, this is If you’d like to start. Do-- 3 MS. WELTY: Yes, Your Honor. 4 THE COURT: Do the parties want to make an opening 6 MS. WELTY: No. 7 THE COURT: Okay. 5 Thank you. statement? We’ll wait. All right. 8 9 KORTNI BUTTERTON, 10 having been duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MS. WELTY: 13 Q. Can you please state your name for the Court. 14 A. Kortni Butterton. 15 Q. Ms. Butterton, did you swear out an order of 16 protection on January 28th, 2020? 17 A. It was January 30th. 18 Q. I’m sorry. 19 A. (Unintelligible). 20 Q. Yes, yes. 21 A. Yes. 22 Q. And how do you know Mr. Vonhartman? 23 A. He and I met over -- over a year ago on a dating January 30th. 24 app. I had read about him on other online forums from other 25 women, about experiences with him, who said he was #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 5 1 aggressive and he-- 2 MS. WELTY: Your Honor, I’m going to object to 3 anything that other people have said. 4 knowledge. 5 6 THE COURT: Q. app. 9 (By Ms. Welty) A. A dating app. go out with him. 11 (Unintelligible). 12 14 So you met with him on a dating And then what happened? 10 13 So if you would like to redirect the question. 7 8 Okay. Just her personal And he decided -- I decided not to And then I unmatched him after he was Q. Okay. And how did you come back into contact with A. Someone posted asking about him on a forum for him? 15 women. 16 other women had said. 17 him (Unintelligible) that he was aggressive 18 (Unintelligible). 19 20 21 22 Q. And I (Unintelligible). And -- and I echoed what And I told them my experience with And did you -- did he reach out to you shortly after that period of time? A. He did, yes. He sought me out on Instagram, and sent me a message, which I blocked, and I did not respond. 23 Q. Did he then try to reach out to you again? 24 A. No, because I went and blocked him on all other 25 social media. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 6 1 I will say the next day I got blocked from a 2 message on Instagram, and also blocked him (Unintelligible). 3 He then attempted to follow my Instagram (Unintelligible). 4 Q. Okay. 5 A. It appears to me that’s -- that’s when the person 6 7 8 9 posted about it. Q. Okay. And what happened on January 28th? January 29th is when (Unintelligible). So what happened -- I -- I apologize. What happened on the 29th? A. On the 29th, at about 10:30 a.m., is when he asked 10 to follow me on Instagram. 11 any social media that I could find so that he couldn’t 12 contact me. 13 I blocked it -- blocked him on And then at about 4:30 p.m., I was in my bathroom, 14 in there just blow-drying my hair, and I heard my doorbell 15 ring and pounding on the door. 16 bathroom, which it has little straight-line sight of the 17 door -- near my door. 18 I mean, you know, 1 by 2, or something like that, enough to 19 see a person -- person’s face. 20 And I stepped outside of my And like the window is probably 2 -- And I saw Mr. Vonhartman at my door. 21 wearing sunglasses. 22 6'1", 200 pounds. 23 -- I mean, I had a view of his (Unintelligible). 24 25 Q. He was He had dark facial hair, was about He was wearing a blue hat that showcased And what was his behavior? Was he just ringing your doorbell? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 7 1 A. He was ringing my doorbell. He was pounding on 2 the door. He saw me go from my bathroom to my bedroom, and 3 ran around the side of my house, and started banging on that 4 outside wall, from the side of my house, you know, on the 5 same side as my bedroom. 6 Q. How long did the banging occur? 7 A. It was for about 20, 25 minutes. 8 Q. And what did you do when this happened? 9 A. I immediately called the cops, and I was messaging 10 my parents, my roommate, anyone, to come the house to check 11 if it was clear. 12 didn’t know if he was hiding somewhere or what. 13 make -- make sure it was clear. 14 bathroom, and I turned on my house alarms, so if -- if he 15 were to break in I would know. Especially once the banging stopped, I I wanted to But otherwise I hid in my 16 Q. Did you and Mr. Vonhartman ever meet in person? 17 A. No. 18 Q. Did you ever give him your phone number? 19 A. No. 20 Q. Did you ever give him your address? 21 A. No. 22 Q. Do you know how he got your address? 23 A. I don’t. 24 Q. What was it specifically that made you so 25 concerned to come seek out an order of protection? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 8 1 A. It was from him reaching out to me telling me he 2 was going to sue me for defamation for saying he was 3 aggressive; for continuously trying to make contact through 4 social media, because he did not have my phone number. 5 was that he was contacting other women in the group, 6 including one of the witnesses -- who is here today -- and 7 the things that he was saying to her. 8 9 It I actually went online and started opting out of -- I did a Google search of my name and I started trying to 10 opt out, out of all those different -- White Pages, 11 Zoom, Info, whatever, to get my information offline, because 12 it was time. 13 it was just very concerning. 14 going to do next. 15 16 Q. And he just was reaching out to every one, and I didn’t know what he was Based on this incident, what steps have you taken to protect yourself? 17 A. I installed a Ring doorbell. I have alerted my 18 company, which is a global safety company, of what is going 19 on. 20 considerations to block him from our websites. 21 given a free Epass and a locked garage. 22 has given me one of those like sound ring whistle that just 23 sends off sound. And my North America head of security is taking I have been One of my coworkers 24 I have gotten an order of protection. I’ve 25 alerted my neighbors around me of what this man looks like #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 9 1 and to be on the lookout, see if he might be at the house. 2 I have also taken an online course from (Unintelligible). 3 And I need to (Unintelligible) so I could (Unintelligible). 4 5 Q. Was there any reason for him to be at your residence that day? 6 A. No, certainly not. 7 Q. Is there anyone else that would have been at your 8 residence banging on your door? 9 A. No. 10 Q. Are you dating anyone currently? 11 A. No. 12 MS. WELTY: That’s all I have, Your Honor. 13 THE COURT: Okay. 14 So you never went out with him? 15 THE WITNESS: 16 THE COURT: 17 I do have a question. No. And you said the relationship was just on-- 18 THE WITNESS: 19 THE COURT: 20 Okay. It was basically online. Online? Okay. Cross-examination? 21 22 23 24 25 CROSS-EXAMINATION BY MS. RIDDLE: Q. You said that you met on the dating app Hinge, is that right? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 10 1 2 A. 5 Q. MR. VONHARTMAN: That’s the one. (By Ms. Riddle) And this communication with the other women, that was in a Facebook group? 6 A. Correct. 7 Q. What’s the name of that Facebook group? 8 A. Well, it doesn’t exist anymore, but it’s 9 10 11 I think that’s the one it was. 3 4 I think, Hinge, or -- it was over a year ago. Swipe Left Nashville, or Nashville Swipe Left. Q. Okay. Yeah. And so you guys had texted -- you and Mr. Vonhartman had texted– 12 A. We never texted. 13 Q. -- had messaged through Instagram, or the dating 14 app, or whatever it was. 15 A. The dating app. 16 Q. Sure. 17 18 19 20 He never had my-- Messaged through the dating app approximately one, possibly even two years ago, right? A. Not possibly two years ago -- one -- at most, a year and a half. Q. 21 A year and a half. Okay. And you guys never went on a date? 22 A. Correct. 23 Q. And in this Swipe Left group, somebody asked about 24 25 him and you said what? A. It was in my paperwork, I don’t know where, #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 11 1 though. I just basically said that I had found his 2 Instagram a while ago. 3 about -- so I decided I didn’t want to go out with him. 4 was (Unintelligible)-- He had a lot of rude things on there 5 Q. I’m sorry, rude things about what? 6 A. Just about other people-- 7 Q. Okay. 8 A. -- aggressive things, on his account. 9 Q. Okay. 10 A. For me it was just he seemed very angry in his What were the aggressive things? 11 messages when I told him I didn’t think we were a good 12 match. 13 a friend he goes to the Patriots Bar and he’s gotten into 14 fights there, and he wanted to know everyone’s name. 15 he knew my friend’s name, or who she was. 16 17 And he kept going into all of this. Q. Okay. And so So he asked you questions about what you A. That’s right. 19 we’re a good match.” 20 it. 22 I’d heard from knew and how you knew it? 18 21 He Okay. Q. And all I said was, “I don’t think And that should have been the end of Done. Okay. So you think just, “We’re not a good match”-- 23 A. Uh-huh. 24 Q. -- “I think you’re violent, but I don’t need to 25 tell you why.” #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 12 1 A. I didn’t say that in the first message-- 2 Q. Okay. 3 A. -- I just said, “I just don’t think we’re a good 4 match.” 5 Q. Okay. 6 A. He asked why. And he asked why. I said that it’s -- “I’ve heard 7 things about you from other people.” 8 names. 9 10 And he wanted to know And I did not provide names. Q. Okay. So that’s him grilling you? That’s the grilling? 11 A. Uh-huh, right. 12 Q. Okay. And then this resurfaces a year and a half 13 or so later on this Facebook page. 14 “This was my experience.” 15 A. Uh-huh. 16 Q. Okay. And that’s when you say, Right? And as a result of that, on January 28th, 17 that’s when you got the message that he was going to sue you 18 for defamation? 19 A. Uh-huh. 20 Q. Okay. 21 A. If I “keep running my mouth.” 22 Q. He used those words? 23 A. Yes. 24 Q. And do you have screenshots or something of those? 25 A. Yes. (Unintelligible) but this isn’t where it is. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 13 1 I don’t see it. 2 3 Q. Okay. (Unintelligible). And you’re positive that it was Mr. Vonhartman– 4 A. I’m certain. 5 Q. -- at your house on January 29th, at 4:30 p.m.? 6 A. Yes. 7 Q. And you said he was wearing a blue hat, he had 8 dark facial hair, and sunglasses on, 6'1", 200 pounds, and 9 you just knew it was him. Did you see a vehicle-- 10 A. No. 11 Q. -- anywhere? 12 A. No. 13 Q. No? 14 A. I mean, where I was -- well (Unintelligible) I 15 would have had to move closer to him. 16 Q. Any kind of clothing -- clothing, anything like 18 A. I noticed that he had (Unintelligible). 19 Q. And you got a Ring app installed later, but you 17 20 that? didn’t have any kind of-- 21 A. Unfortunately, no. 22 Q. -- camera, ring app, anything at the time? 23 A. I never needed it. 24 Q. And then in the text of the order of protection 25 you said that he moved to the side of the house, was banging #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 14 1 on the wall, and then he was also ringing the doorbell and 2 banging on the windows. 3 4 5 Can you just run me through exactly, like, what was happening? A. It was: He showed up. He rang the doorbell. He 6 saw me, and I saw him, and he started banging on the door, 7 kept going. 8 the side of the house and started banging on that outside 9 wall, where I was. 10 I went to my bedroom, and then he ran around So I grabbed my cell phone, started winding off to 11 my bathroom through the bedroom, where I went into the 12 bathroom. 13 door and I called 911 and (Unintelligible) and I put on the 14 (Unintelligible) alarm (Unintelligible). 15 There’s no windows in there. And it just continued. And I closed the He was ringing my doorbell 16 off and on, and then would bang on the door, ring the 17 doorbell, bang on the door. And eventually it did stop. 18 Q. You said about 20 minutes? 19 A. About 20, 25, yeah. I’m not sure. The cops 20 showed up in (Unintelligible) minutes. But I had -- my 21 roommate messaged in our neighborhood group for someone to 22 come, and in this case would check the outside, that no one 23 was there. 24 (Unintelligible) that I had never met before show up, and 25 they checked the boundaries of the house. Said they’d come by the house. So then They were there #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 15 1 when the other two police officers showed up, and then they 2 made a report. 3 Q. Okay. And so as far as you can hear, anyway, it 4 sounds like he’s moving from the side of the house back to 5 the front of the house. 6 A. He moved once, and that’s when he saw me go to the 7 bedroom, and then he went back and stayed at the door and 8 was ringing the doorbell and-- 9 Q. Okay. 10 A. Yes. 11 Q. -- and then went back to the front and stayed 12 So he went to the side of the house once-- there? 13 A. Correct. 14 Q. And when did you call 911, about what time? 15 A. I don’t know, four -- (Unintelligible) 4:30, 5:00. 16 17 18 I was on the phone about 4:30. Q. Were you on the phone with 911 the whole time you were in the bathroom? 19 A. Uh-huh. 20 Q. And what were you telling 911? 21 A. I told them what was happening. 22 it was. 23 until they got there, and I said, “Yes.” 24 you know, kept asking me if there was still noise, and I 25 told her, yes, that there was. I told them who And they asked if I wanted them to stay on the line And she kept -- And then there was another #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 16 1 pause, I said, “No. 2 sure.” 3 Q. Please don’t slow them down, and make (Unintelligible). Okay. So if -- when we get our 911 call from the 4 open records request, it -- you’ll be able to hear all that, 5 you were on the phone the whole time. 6 doorbell in the background? 7 8 A. We may even hear the Maybe yeah, and like maybe not, because I just stayed in the shower with the light off. 9 Q. Is there a fence or a gate at your property? 10 A. There is, but it only blocks off the back side. 11 Q. So he could have gone to the side of the house 12 without going through the fence? 13 A. Correct. 14 Q. And do you have your personal cell phone with you 15 16 17 here today? A. Yes. MS. RIDDLE: Judge, we would ask that there be a 18 preservation order for 48 hours before this event and 48 19 hours after, for her to preserve her phone so that should we 20 file an appeal and get to that point and we’re doing 21 discovery we will have access to what her phone -- 22 everything that happened in her phone 48 hours before and 48 23 hours after. 24 THE COURT: Okay. 25 Counsel, if you’ll instruct your client. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 17 1 MS. WELTY: 2 MS. RIDDLE: 3 THE COURT: 4 MS. RIDDLE: 5 Yes, Your Honor. Judge, could I have just one second? Yes. No more -- no more questions, Your Honor. 6 THE COURT: Okay. Any redirect? 7 MS. WELTY: Just one. 8 9 REDIRECT EXAMINATION 10 BY MS. WELTY: 11 Q. Counsel for respondent asked you about what he was 12 wearing, specifically. 13 that blue hat before? 14 A. Not the -- Had you seen that -- had you seen no, not prior, that I can remember. 15 I’m sure I have on his Instagram. 16 and checked-- 17 Q. Okay. 18 A. -- for... 19 Q. Let me show you something. 20 21 Is that the hat that you saw? A. Yes. 22 THE COURT: 23 Any objection? 24 MS. RIDDLE: 25 But the next day I went Okay. Your Honor, it’s a blue hat. Many people can own certain kinds of blue hats, that doesn’t mean #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 18 1 that that is proof that he was there on this... 2 THE COURT: Okay. 3 Okay. 4 MS. WELTY: I -- I just have-- 5 THE COURT: Okay. 6 MS. WELTY: -- another witness, Your Honor– 7 THE COURT: Okay, okay. 8 MS. WELTY: -- Melissa Ingram. Any questions? 9 10 MELISSA INGRAM, 11 having been duly sworn, testified as follows: 12 DIRECT EXAMINATION 13 BY MS. WELTY: 14 Q. Can you please state your name for the Court? 15 A. Melissa. 16 Q. What’s your last name? 17 A. Ingram. 18 Q. And Ms. Ingram, have you had communications with 19 Mr. Vonhartman? 20 A. I have. 21 Q. And on what date was that? 22 A. January 28, I believe. 23 Q. Okay. 24 A. I do not. 25 Q. How did -- did he contact you? And do you know him personally at all? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 19 1 A. He did. 2 Q. And what did he contact you about? 3 A. He sent me a message, via Facebook, regarding a 4 post in a group that I admin’d, that was made by another 5 woman, about him. 6 7 Q. Okay. And at some point in time did he contact you on the phone? 8 A. He did. 10 Q. Okay. 11 A. I did. 12 Q. And did -- at -- what was Mr. Vonhartman saying 9 13 14 He called me via the Facebook Messenger app. And did you answer his phone call? during that phone call? MS. RIDDLE: Your Honor, I’m going to object to 15 relevancy as it relates to the reason why we’re here today, 16 the order of protection, and -- and stalking, and the 17 allegations in the order of protection. 18 outside the scope of what we’re here for. 19 MS. WELTY: This is obviously I -- I think it’s very relevant, 20 Your Honor. 21 of time that this was occurring, threatening another female 22 that was involved in this incident. 23 state of mind at the period of time, and is very, very 24 relevant to this. 25 It goes towards his demeanor during the period THE COURT: Okay. I think it goes to his I’ll allow-- #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 20 1 MS. RIDDLE: If you could-- 2 THE COURT: -- allow that, limited. 3 MS. WELTY: Your Honor, could we keep it to Okay. 4 threats of violence as it relates to this order of 5 protection? 6 think any threat-- Okay. I think that just general “demeanor” -- I -- I 7 THE COURT: Okay. 8 MS. WELTY: -- to -- any specific threat, not 9 necessarily violence, but threat to find a person and track 10 them down and go to their home, those are all 11 threats– 12 THE COURT: Uh-huh. 13 MS. WELTY: -- that relate very much so to what is 14 being alleged by my client against Mr. Vonhartman, and I 15 think that’s very important for Your Honor to hear. 16 THE COURT: Okay. 17 MS. WELTY: And that’s -- I’m -- I’m happy to 18 limit it to that. 19 20 21 THE COURT: Q. Okay. (By Ms. Welty) Was Mr. Vonhartman threatening at all in his communication to you? 22 A. He was. 23 Q. And what specifically did he say? 24 A. He stated by the end of the day he would know 25 where I lived, forever, and where my kids are, so... #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 21 1 2 Q. Okay. Was there anything else that he said to you that was threatening? 3 A. It was a very up and down conversation. 4 say that he was going to come after me. 5 going to press legal charges against me. 6 to: 7 where you live.” He would He would say he was And then it went “By the end of today I’m going to know where you work, 8 Q. Well-- 9 A. And then proceeded to say -- I said, “I don’t live 10 in Nashville.” 11 nothing to do with this. 12 And he proceeded to say, “Oh, that’s right. 13 Hendersonville,” and then continued to tell me he would find 14 out where I worked, where I lived, by the end of the day. 15 16 17 It -- this was very overwhelming. I wanted nothing to do with it. You live in Q. Okay. What was his demeanor during this phone A. I would call it extremely angry, extreme highs, call? 18 extreme lows in the middle of the conversation. 19 came cross very unstable. 20 Q. 21 22 23 I had Very -- he Okay. MS. WELTY: That’s all I have. THE COURT: Okay. Thank you, Your Honor. Any cross-examination? 24 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 22 1 2 CROSS EXAMINATION BY MS. RIDDLE: 3 4 Q. Ms. Ingram, did you make the post to that Facebook group after this phone call? 5 A. I did. 6 Q. Do you remember what was said in that post? 7 A. Yes, ma’am. 8 Q. Sure. 9 I have copies, if you’d like it. What did you say? 10 A. Could I get my phone? 11 Q. Oh, good. That’ll do. 12 THE COURT: 13 THE WITNESS: 14 My post after the phone call with Carl-- 15 THE COURT: 16 THE WITNESS: 17 THE COURT: 18 THE WITNESS: 19 Okay. (Unintelligible). If you could take– -- said--- tell us the date and time. Yes, ma’am. It was January 29th, at 1:52 p.m. 20 “Hello members. Yesterday there was a post about 21 Carl. 22 with Carl. 23 screenshots of those comments and sent them to Carl. 24 25 Many women commented about having a bad experience Unfortunately for the group, someone here took He has reached out to me directly in a way that I would consider to be less than refined. He decided that he #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 23 1 was going to have his person in the group take screenshots 2 of all the posts here and make his own page to “out” us for 3 the horrible things we are doing. 4 Today I went through the group and deleted several 5 posts, posts that were made by women, rightful, to give 6 women a heads up on an experience they’ve had with a man in 7 Nashville. 8 because of what they said, I deleted them because I’m 9 concerned about safety for myself and others that were on I want to be clear that I did not delete posts 10 the posts made about Carl, and concerned about some of the 11 statements that he made when he reached out to me. 12 I’m not sure to -- who took the screenshots to 13 Carl, but I want to say that couple of things. 14 This page was designed for all the right reasons. 15 to come here and use this page for information, advice, and 16 someone to lean on. 17 Number two: Number one: Women get You have put women in danger. 18 Imagine that someone came here to post about -- that a man 19 had sexually assaulted her. 20 And then Carl made a page that shows up now in the posts. 21 What do you think he would do? 22 react? 23 you’re responsible? 24 25 We have had a couple of those. How do you think he would If something happens to that woman, do you think Number three: Facebook is a small, small glimpse at real life -- very small. Take what is here with a grain #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 24 1 of salt. 2 would make someone else feel.” 3 Be kind to people. Think about how your actions I then edited it to add: “Carl is upset with me 4 because of the comment I put said ‘domestic violence,’ and 5 he believes that implies that he hit a woman. 6 pasted from an anonymous woman, and actual charges were 7 shown in the screenshots. 8 9 10 To be clear, according to Carl, he was arrested for fighting in a dorm room. within the home. 11 12 Domestic violence is anything Gender is irrelevant.” My hashtag was “womenneedtofightforeachother” and “thisisnotokay.” 13 14 MS. RIDDLE: And Judge, could we admit that, please? 15 MS. WELTY: I don’t-- 16 THE COURT: Any objections? 17 MS. RIDDLE: 18 MS. WELTY: 19 MS. RIDDLE: 20 I copied and on. I don’t-No objection. -- I don’t know what exhibit we’re Are we on 2? 21 COURT CLERK: 22 MS. RIDDLE: 23 COURT CLERK: 24 MS. RIDDLE: 25 MS. WELTY: (Unintelligible). I’m sorry. (Unintelligible). Are we on Exhibit No. 2? Yes. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 25 1 UNIDENTIFIED MAN: 2 COURT CLERK: 3 4 Q. (Unintelligible). There’s (Unintelligible) yes, sir. (By Ms. Riddle) And you’re the admin of this page, is that correct? 5 A. Yes, ma’am. 6 Q. When this first post happened, as far as somebody 7 posted a picture of Carl and said, “Has anybody had 8 experiences with Carl?” 9 A. I do. 10 Q. Okay. 11 A. I do. 13 Q. Okay. A. I did. 15 And do you remember some of the comments that came as a result of that? 12 14 Do you remember that? And did you bring screenshots of those with you? 16 MS. WELTY: 17 MS. RIDDLE: We do have that. Your screenshots are probably going 18 to be cleaner than mine because I wrote on mine, so if 19 you’ve got them, we might use those. 20 (Unintelligible voices.) 21 22 THE WITNESS: Q. Yes. (By Ms. Riddle) Okay. And in those comments it 23 does specifically talk about Carl may have been charged with 24 domestic violence. 25 A. Right? That’s correct. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 26 1 2 Q. And then somebody comments like, “Oh, yeah, I think I remember this. 3 A. It was really bad.” I don’t (Unintelligible) yes. “I could be totally 4 wrong, but I will run his name through the search bar 5 because I swear I remember seeing him before for something 6 not good.” That was not my comment-- 7 Q. No -- yeah, yeah. 8 A. -- that was someone in the group. Q. Yeah. 9 10 I just wanted to-And then somebody -- but somebody did 11 comment like, “Yeah, I vaguely remember this, and the facts 12 were really bad.” 13 14 A. There -- there are several comments on there that (Unintelligible)-- 15 Q. Okay. 16 A. -- of women. 17 Q. But nobody actually had a personal experience, 18 other than possibly Ms. Butterton’s, with the 19 ***L***rejection -- nobody commented that they had a 20 personal experience with Carl? 21 A. There actually was someone else that said they’d 22 had an experience with him. 23 him getting in bar fights, or was at the bar with him when 24 he was in a fight, at the Patriot’s Bar. 25 Q. Okay. It was somebody that had seen Where’s that comment? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 27 1 A. 2 Hold on a second. Right here. “I’ve seen him super drunkly fighting 3 someone at the Pat’s Bar. 4 but he got pissy when I nicely said I wasn’t interested, so 5 we never went out after chatting. 6 before, though.” 7 8 Q. Okay. A. No. 10 Q. No? He has been posted So you know, when you -- did you look up his criminal record? 9 Huge Patriot’s fan, like myself, Did you do a background check? This isn’t my problem. No. 11 And then when these people sent you the 12 screenshots of what they believed was his prior domestic, do 13 you remember what that charge actually was? 14 A. Assault, I believe. 15 Q. Okay. 16 A. Potentially, yes. 17 Q. Okay. If it were battery, would that sound right? But you don’t have any personal knowledge 18 of any criminal convictions, any bar fights, anything like 19 that -- no personal knowledge? 20 A. I do not. 21 Q. Okay. 22 23 And did he threaten to harm you in your phone call with him? A. His demeanor on that phone call was very 24 uncomfortable. I needed to call on several people to make 25 sure my children were safe, and asked what I needed to do. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 28 1 Q. Okay. 2 A. I was very uncomfortable. 3 Q. -- you said it was less than becoming. 4 5 Because in your Facebook post-- You didn’t mention it was threatening. A. I could have gone further and said a lot about 6 Carl, and I did not. I chose not to. 7 to him, and he was not very nice to me. 8 to do with this. 9 He was aggressive. He was demeaning. I have been very nice And I have nothing He was disrespectful. It was frightening, what he said. I 10 immediately-- 11 Q. Aggressive, how? 12 A. -- deleted every member from the group in order to 13 protect members from someone that was doing whatever he 14 asked them to do. 15 Q. Aggressive, how? 16 A. Screaming, telling me I was a “fat bitch,” that 17 they couldn’t let women do this to men. 18 would calm down and then go back to serious screaming at me, 19 and then proceed to tell me how he was going to figure out 20 where I lived, and made the comment that I lived in 21 Hendersonville, not Nashville. 22 Q. Is that on your Facebook page? 23 A. It is not. 24 25 He continued -- he I know that I’ve taken pretty much everything off of there. Q. Was it on your Facebook page before? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 29 1 A. I’m not for sure. 2 Q. Okay. 4 A. No, that was it. 5 Q. Okay. 3 Any other calls from Carl to you since then? 6 MS. RIDDLE: 7 THE COURT: 8 Any redirect? 9 MS. WELTY: 10 I’m not for sure. I don’t have any other questions. Okay. Nothing, Your Honor. But I was given this back, and that would have been the first exhibit. 11 THE COURT: Okay. That’s fine. 12 MS. WELTY: Yeah. I just wanted to make sure we 14 THE COURT: Okay. Okay. 15 Ms. Riddle, do you have any witnesses? 16 MS. RIDDLE: 13 have that. Your Honor, before we even get to my 17 witnesses, at this point, I would just like to state that 18 the Court -- since this is a civil case, the Court can go 19 ahead and make a ruling at this point to dismiss the order 20 of protection, as it doesn’t even meet the technical statute 21 for stalking. 22 Orders of protection are very particular. You 23 know they can only be granted under certain circumstances. 24 The only allegation here is “stalking.” 25 to read you the full statute, because I know Your Honor And I’m not going #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 30 1 knows it. 2 But it has to be willful course of conduct. And “course of conduct” is defined in 3 39-17-315(a)(1) as: “A series of two or more separate acts 4 evidencing a purpose” -- right -- for following, monitoring, 5 observing, surveilling, threatening, communicating to a 6 person that interferes with that person’s property. 7 And we’re just not there at this point. Even if 8 everything that was said here is true, this is not stalking 9 at all. It may have matched something else, but it’s not 10 stalking. 11 report made, there’s no criminal charges here. 12 even indication that the police were interested in this 13 case. 14 all. 15 And if it was stalking, and there was a police We have no This doesn’t even meet the burden for stalking, at This order -- this is wrong avenue. If she wanted 16 to pursue this criminally, she could. 17 the cops, “Yes, I want to go down, and I want to make sure 18 that there’s a warrant for this guy’s arrest.” 19 protection -- this is not the avenue. 20 THE COURT: Any response? 21 MS. WELTY: Yes, Your Honor. She could have asked An order of It’s the wrong place. I -- I think we do 22 have the two contacts here. We have his continued social 23 media contact, trying to reach out to her-- 24 THE COURT: And it was the same day. 25 MS. WELTY: -- on Instagram. I believe one was #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 31 1 the 28th, and then he came to her house-- 2 THE COURT: Okay. 3 MS. WELTY: -- on the 29th. Because he -- he 4 tried to communicate -- he communicated with her on 5 Instagram on the 28th. 6 to follow her on Instagram, she stated, at 10:30 in the 7 morning on the 29th. 8 her house. 9 She blocked him. He then attempted And then it jumped to him coming to This is not someone who knew where she lived. 10 had to have really sought her out and looked into public 11 records to figure out where she is. 12 of his behavior jumping from just trying to follow her to 13 social media to then coming to her home is very, very 14 concerning. 15 of stalking. 16 He The jump -- the level And I think it very much so rises to the level And luckily, she went and got the order of 17 protection, it -- and it was granted, so that we didn’t have 18 to see if there were continued behaviors, so... 19 20 MS. RIDDLE: Your Honor, if I may just briefly respond? 21 THE COURT: 22 MS. RIDDLE: Uh-huh. A Facebook inquiry for a friendship 23 request, that can’t possibly meet one of the acts here, for 24 stalking. 25 it and move on with your day. I mean, it’s a Facebook friend request, just deny That has no bearing on a #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 32 1 stalking allegation. 2 THE COURT: 3 MS. WELTY: I -- I believe he communicated with her on Instagram– 6 THE COURT: 7 THE WITNESS: 8 So on the 28th, you’re saying that there was only a Facebook request? 4 5 Okay. Right. Direct mess-- (Unintelligible) was he tried to send a (Unintelligible) on Instagram. 9 THE COURT: Okay. 10 THE WITNESS: 11 THE COURT: 12 say, “Do not talk to me, stop”? 13 14 THE WITNESS: And I just blocked him. Okay. Then you didn’t -- you didn’t I didn’t want anything to do with him. 15 THE COURT: 16 THE WITNESS: 17 THE COURT: Okay. I wanted him to leave me alone. Okay. So okay, excuse my ignorance: 18 So when you block someone on Instagram, does the other 19 person know? 20 MS. WELTY: I don’t know. 21 THE COURT: Okay. 22 I don’t know. It’s just you can no longer get messages from the person. 23 THE WITNESS: Okay. And I -- I’m going to verify: 24 I get -- it -- when you get sent a message from someone who 25 like– #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 33 1 THE COURT: 2 THE WITNESS: 3 THE COURT: 4 THE WITNESS: You don’t want to hear from. -- then you-Uh-huh. -- you don’t follow, they don’t 5 follow you, or anything like that. 6 down below to say “block,” “accept,” “respond,” or 7 (Unintelligible).” 8 THE COURT: 9 THE WITNESS: It gives you the option Uh-huh. And I hit “block,” thinking that 10 that would just be like he can’t see it anymore, and just 11 blocked the message, screenshot it, and be done. 12 THE COURT: 13 THE WITNESS: Okay. Then the next day he then requested 14 to follow me, and I (Unintelligible) “do not accept,” and 15 then he blocked his profile. 16 THE COURT: 17 THE WITNESS: 18 THE COURT: 19 THE WITNESS: 20 THE COURT: 21 THE WITNESS: On Facebook? Instagram– Instagram. All of the other things-All, everything. -- on the 28th, I went and blocked 22 his Facebook (Unintelligible)-- 23 THE COURT: 24 THE WITNESS: 25 THE COURT: Okay. (Unintelligible). Okay. Okay. I’ll allow it. Let’s #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 34 1 keep going. 2 Sure. MS. WELTY: Thank you. 3 4 CARL ALBERT VONHARTMAN, 5 having been duly sworn, testified as follows: 6 7 DIRECT EXAMINATION BY MS. RIDDLE: 8 Q. Mr. Vonhartman, will you tell the Court your name, 9 please? 10 A. Carl Albert Vonhartman. 11 Q. And you obviously know why we’re here today. 12 A. Yes, ma’am. 13 Q. Just briefly, will you tell the Judge a little bit 14 about your experience with Ms. Butterton when this first 15 happened, when you guys first were Instagram-ing on the 16 dating app, or whatever that was? 17 A. Your Honor, it was very brief. We -- we talked 18 for maybe a day. 19 saying that she didn’t want to continue to date, go forward 20 with the date. 21 She sent me a message on the dating app I said, “Okay.” And then she mentioned she had seen -- she had 22 read things about me that she didn’t like. And all I did 23 was ask her one question, and I -- I said, “Well, what 24 things were those?” 25 couldn’t communicate after that. And then she unmatched me, and I And that was over a year #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 35 1 ago. 2 Q. And any additional contact after that? 3 A. No, ma’am. 4 Q. And then what brought you back to contacting her 5 No, Your Honor. again recently? 6 A. Because I saw posts in this Facebook group that 7 were incorrect, saying that I had been arrested for domestic 8 assault, which was completely untrue. 9 10 Q. Will you tell the Court a little bit about that history with that battery charge? 11 A. Yes. Is that what it was? I was a freshman in college, and it was my 12 19th birthday. 13 time had cheated with another man, and that -- that man and 14 I got into an altercation in the dorms, and -- and that was 15 that. 16 I learned that my -- my girlfriend at the Q. But you didn’t get into an altercation with the 18 A. No, ma’am. 19 Q. Okay. 17 20 girl? And this -- you learned about this Facebook group? 21 A. Yes. 22 Q. Yes. 23 A. It’s -- it’s basically a group where -- where What do you know about this Facebook group? 24 women go to share -- share gossip about men in the dating 25 pool in Nashville. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 36 1 2 Q. Okay. And you learned that you were being talked about? 3 A. Yes. 4 Q. Okay. 5 A. I sent a message to Melissa Ingram, the admin of And you responded how? 6 the group, because she -- she had screenshots of this arrest 7 from when I was 19, and she -- which I -- I have -- I have 8 screenshots of my own. 9 quote, “Carl has a -- seems to have a history of domestic She -- she posted that -- and I 10 violence,” which is -- which is completely untrue -- and 11 posted four or five different photos of this arrest when I 12 was -- when I was 19 years old as -- as a freshman. 13 Q. And did you do anything to try to clear your name? 14 A. Yes. I -- I tried to send direct messages to -- 15 to both these parties, Ms. Ingram and Ms. Butterton, who 16 were the ones saying that I was arrested for domestic 17 violence, explaining that no, I was in college and it was a 18 fight in my dorm. 19 domestic violence. 20 Q. There was -- it -- I wasn’t charged with And Mr. Vonhartman, I -- I meant to ask you this 21 on the front, not in the middle, but since it’s popping up: 22 Do you have any sort of speech impediment or anything that-- 23 A. I do. 24 Q. -- pops up when you get nervous? 25 A. I do have a speech impediment. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 37 1 2 Q. Okay. So any -- any sort of delays in your answers here today is because of the speech impediment? 3 A. Yes, ma’am. 4 Q. Okay. 5 6 Thank you. Where were you on January 29th? A. I was -- I went to the gym, and then I went home. 7 And I remained home until a little after 7:00. 8 went out for a drink and came back home. 9 10 Q. And when you were served with this order of protection, did you see the allegations? 11 A. Yes, ma’am. 12 Q. Okay. 13 A. Yes, ma’am. 14 Q. What did you do? 15 16 And then I And you saw the date and the time? Did you go through your phone? What did you do? A. Yes, I did. I immediately went to my -- my Apple 17 location services and printed out screenshots showing that 18 there was no way I could have been where Ms. Butterton 19 alleges that I was, because I was home. 20 screenshots of that as well. 21 Q. Okay. And I -- I have So do you want to look at this-- 22 MS. WELTY: Your Honor, I’m going to object to any 23 of that information coming in. 24 Apple itself. 25 modified. It’s hearsay. It’s not from I have no way to know if that could be #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 38 1 THE COURT: 2 MS. RIDDLE: 3 THE COURT: 4 MS. RIDDLE: Well, why don’t you lay a foundation. Your Honor, he’s -- I’m sorry? Lay a foundation. Your Honor, he’s got his cell phone 5 here today, and he can pull this up on his cell phone today 6 and show you. 7 what’s on these-- And this -- the data will mimic exactly 8 THE COURT: 9 MS. RIDDLE: 10 11 THE COURT: Okay. -- screenshots here. And what it shows is that the phone was there. 12 MS. RIDDLE: 13 Q. Yes, Your Honor. (By Ms. Riddle) Yes. So just like most people in this 14 day and age, do you take your phone with you everywhere you 15 go? 16 A. Yes, ma’am. 17 Q. Okay. 18 And did you take your phone with you when you went to the gym? 19 A. Yes. 20 Q. Did you take your phone with you when you went 22 A. Yes. 23 Q. Okay. 21 home? And where -- when you pulled this data from 24 your phone, did you make sure that it’s still available 25 today if-#20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 39 1 A. Yes. 2 Q. -- the Judge wants to see it-- 3 A. It’s available right now. 4 Q. -- could you recreate it on your cell phone? 5 A. Yes. 6 Q. Okay. 7 And this data is going to show your location at your address, correct? 8 A. Yes. 9 Q. And would you tell the Judge your -- where -- 10 11 12 13 which part of town do you live in? A. I live on Percy Priest Lake in the -- the Hermitage area. Q. In Old Hickory. Okay. 14 Will you tell us what this is? 15 MS. WELTY: 16 Your Honor, I’m still going to object, and renew my objection. 17 THE COURT: Okay. 18 MS. WELTY: I still think it’s hearsay. We have 19 no -- we have no way of knowing if -- where that came from. 20 I have no way of knowing if it could be modified or not. 21 THE COURT: Yeah. 22 MS. WELTY: We’d have to have an expert in here to 23 24 25 say how that works. MS. RIDDLE: Can you modify your location data with Apple on your phone? #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 40 1 THE COURT: Perhaps the phone is better evidence. 2 Q. (By Ms. Riddle) 3 A. You want me to pull that up exactly? 4 Q. Yes, please, sir. 5 6 MS. RIDDLE: Okay. Let’s pull your phone up. We’ll do it one at a time. Do you want to watch him go through and access it on his locations services? 7 MS. WELTY: 8 my objection. 9 deleted. Your Honor, I’m still going to renew I have no way of knowing if this can be I -- I don’t know anything about this. 10 this is -- this is-- 11 THE COURT: I think Well, we allowed the same information 12 that your client testified to with Hinge, and Instagram, and 13 the Facebook posts, and you know... 14 MS. WELTY: I don’t -- I don’t think it’s the same 15 information. 16 Your Honor, the respondent’s attorney asked my client about 17 the Facebook posts that then got admitted. 18 the door to that. 19 That’s very plausible -- I mean, actually, So she opened This is technological evidence that I believe 20 would need to have an expert to tell us if it’s correct, can 21 it be deleted. 22 way of cross-examining this sort of evidence. 23 different than just screenshots and pictures of things. 24 25 I -- I -- I have no way of knowing and no It’s very I think he can testify as to where he is saying he is, and Your Honor can find him credible or not, and then #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 41 1 you weigh the evidence. 2 specifically comes in under our evidence rules. 3 MS. RIDDLE: But I don’t think this information Judge, it’s shocking to me that we 4 would have this available, this information available to us 5 in front of Your Honor today, and that it would not be 6 considered as a part of this case, when it is clearly on his 7 cell phone. 8 can add a workout and delete a workout. It’s your location 9 services. I can’t tell my 10 There -- it’s not like health data, where you It tells you where you were. phone I was somewhere else. 11 THE COURT: It says where the phone was. So -- 12 MS. RIDDLE: 13 THE COURT: Okay. 14 MS. WELTY: Yes, I don’t know if it can be deleted That -- that’s exactly right. 15 or not. I have no way of knowing that unless I contact 16 LOGICFORCE and -- and ask them, and get an expert in here to 17 talk about that data specifically. 18 MS. RIDDLE: Judge, why would it being deleted 19 matter? If he could delete the information, fine. It’s the 20 recreating of it that would concern us. 21 the information to make him -- his phone be somewhere that 22 it wasn’t? Could he recreate That would be the only concern. And-- 23 MS. WELTY: And we don’t know, so-- 24 THE COURT: Uh-huh. 25 MS. WELTY: -- I think under our evidence rules, #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 42 1 it doesn’t come in. 2 3 It’s hearsay. THE COURT: hearsay. 4 I mean, honestly, the whole thing is But I’ll allow it. MS. RIDDLE: Thank you, Judge. 5 Q. (By Ms. Riddle) 6 A. Yes, ma’am. 7 Q. All right. 8 Do you have it pulled up? Will you tell us where you were on January 29th, between 3:48 and 7:17 p.m.? 9 10 Okay. THE COURT: Okay. And to be clear, I meant that fact that-- 11 MS. RIDDLE: 12 THE COURT: Where your cell phone was. To be clear, I meant that, you know, 13 this Facebook post, the -- you know, all that can be -- all 14 of that is hearsay. 15 But anyway, go ahead. 16 MS. RIDDLE: 17 Q. Thank you. (By Ms. Riddle) Could you tell us where your 18 phone says your phone was located between 3:48 and 19 7:17 p.m.? 20 A. I was home, Your Honor. 21 Q. Okay. 22 Will you show that to the court officer, please, and let him give that to the Judge. 23 Q. Can you show me where (Unintelligible)? 24 A. Yes. 25 Q. I’m not seeing it right now. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 43 1 A. I’m going to go to “significant locations,” 2 “home.” 3 And so on the 29th, the date in question, shows I was home 4 from 3:48 to 7:17. 5 it, it’s just there. And there’s a list of all the times I was home. You can’t -- you can’t edit it or change 6 Q. Okay. 7 A. You can just back-search it. 8 Q. Okay. 9 10 Okay. I’m going to show the Judge. THE COURT: where the house is? Okay. Is that-- 11 MS. RIDDLE: 12 THE COURT: 13 14 Q. So it shows a map, and that’s Yes, Your Honor. Okay. (By Ms. Riddle) I’ll give it the proper weight. And you also -- around -- did you get a phone call between 4:15 and 4:45? 15 A. I did. 16 Q. Okay. 17 A. Yes. Can you tell us about that phone call? It was about a 15-minute long phone call 18 that I got from a mortgage lender for a house that I’m 19 trying to flip. 20 well. 21 So I -- I have a screenshot of that as I was on the phone from roughly 4:30 to 4:45. MS. RIDDLE: Your Honor, we do -- we have a 22 screenshot of that phone call. 23 that again on the phone to show that it is-- 24 THE WITNESS: 25 MS. RIDDLE: We can obviously recreate Yeah. -- from his phone, his phone number. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 44 1 It’s a 13-minute call with Newport Beach, California, as the 2 location. And that call took place at 4:25 p.m.-- 3 THE COURT: 4 MS. RIDDLE: Okay. -- five minutes before he’s banging 5 on a door, and apparently still doing it during the 6 13-minute call with the mortgage investor. 7 8 Q. (By Ms. Riddle) And did that mortgage investor contact you after your phone call? 9 A. Yes, Your Honor -- or ma’am. 10 Q. Thank you. 11 12 13 14 And was it -- what was in the email? A. She -- she basically summarized our call and thanked me for my time. Q. 15 16 Okay. And is this a copy of that email? MS. WELTY: Your Honor, I’m going to object to the email as hearsay. 17 THE COURT: 18 MS. RIDDLE: 19 THE COURT: 20 Sorry. Q. Yes. I’ll– That’s fine. -- sustain. (By Ms. Riddle) All right. And were you also -- 21 what -- what else were you doing during this time frame 22 while you were at your house? 23 A. I was doing multiple things. 24 searches. 25 this exact time period. I was doing Google I had a text message with a mentor of mine during I was also texting back and forth #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 45 1 with a girl that I’m dating at this -- during this exact 2 time period. 3 show proof with my phone. 4 Q. And I -- I can recreate all this and -- and And tell -- tell the Judge a little bit about what 5 you were doing at home at 4:30 -- not -- not -- you know, 6 where were you sitting? 7 A. 8 upstairs. 9 to flip. I -- I was at my desk upstairs. I have an office I was doing research on a house that I’m trying 10 Q. Were your cats in the room with you? 11 A. Yes, my cats were in the room with me. 12 Q. Okay. 13 Do you know -- have you ever been to Ms. Butterton’s house? 14 A. No, ma’am. 15 Q. Okay. 16 Have you ever physically seen her, other than today? 17 A. No, ma’am. 18 Q. Have you ever had any sort of contact with her 19 that would be physically threatening? 20 safety in any way, shape or form? Did you harm her 21 A. No, ma’am. 22 Q. On January 29th -- just so we can be very clear -- 23 did you show up at Ms. Butterton’s house? 24 the door? 25 the house for 20 minutes? Did you knock on Did you ring the doorbell, bang on the side of #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 46 1 A. Absolutely not. 2 Q. Okay. 3 And again, just for clarification, where were you on January 29th at 4:30 p.m.? 4 A. I was at home. 5 Q. Okay. 6 7 Did you even have a car available to drive outside of 10 miles from your house that day? A. I did not. My -- my main car, it’s a 8 BMW 5 Series, it was towed the day before, and I have proof 9 of that as well. 10 11 Q. And do you have -- just for the Court’s knowledge, you have an alternate car, you have a second car, right? 12 A. A very old truck. 13 Q. Okay. 14 15 16 17 And is there a particular way that you like to treat that old truck? A. I don’t like driving it. It has no heat or AC, so I don’t -- I don’t drive it. Q. Okay. Is there anything that you want this Court 18 to know before making her decision today as it relates to 19 this order of protection? 20 A. 21 at her house. 22 was at my home doing research. 23 Yes. I -- I absolutely was not there. I was not I have a mountain of evidence showing that I I have no -- I have no want to harm Ms. Butterton, 24 nor did I. I’ve never done anything threatening to her. 25 I’ve never threatened her. The only thing I said that I was #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 47 1 going to sue her for defamation for saying that I was 2 arrested for domestic assault -- which I take that very 3 personally. 4 I’ve never hit a woman. I would never hit a 5 woman. 6 I was as angry as I was about them saying I was arrested for 7 domestic assault when it was only a freshman -- 8 freshman-year college fight in my. 9 Q. I was raised by a single mom. So that -- that’s why There’s been testimony here today about your 10 aggressive nature. 11 about -- about you, who you are, what you do. 12 A. Will you tell the Court a little bit I -- I like to box as a hobby -- is why I think 13 some people might consider that aggressive. 14 it’s a great outlet. 15 volunteer for -- for the Humane Society. 16 -- three cats and a dog. 17 lives in Nashville. 18 19 Q. I’ve been doing it for 10 years. I I’ve got four pets I’m very close to my mom. She Specifically talk to the Judge about, you know, MMA, how that could be -- are you involved in MMA? 20 A. Yes, ma’am. 21 Q. Okay. 22 But I think Have you had any physical -- have you ever been charged with domestic violence? 23 A. No, ma’am. 24 Q. Okay. Any physical altercation involving a woman? 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 48 1 MS. RIDDLE: 2 Ms. Welty is going to have to cross-examine you. 3 I think I’ve about exhausted it. Okay? 4 THE COURT: Cross-examination? 5 THE WITNESS: Okay. 6 7 CROSS-EXAMINATION 8 BY MS. WELTY: 9 Q. Mr. Vonhartman, it was stated that you were at the 10 gym that day during the period of time, but your phone only 11 showed you -- the phone being at the home. 12 A. Correct? Right, because it -- those -- those are two 13 different locations. 14 There’s -- there’s a section on the Apple Services where it 15 says it’s “significant locations.” 16 also a significant location. 17 there up until 3:30. 18 19 Q. I can pull up the -- the gym location. And Planet Fitness is It -- it will show that I was And what you submitted today shows that your phone was at your home from 4:30 until 7:15. 20 A. From 3:48 until 7:15, yes. 21 Q. Okay. 22 Correct? And that someone was on the phone at -- at 4:25-- 23 A. Yes. 24 Q. -- with the mortgage broker, correct? 25 A. Yes. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 49 1 MS. WELTY: That’s all I have, Your Honor. 2 THE COURT: Okay. 3 Okay. Any other evidence? Okay. 4 Closing arguments? 5 MS. WELTY: Your Honor, clearly here, I think you 6 have to look at the credibility of the parties and -- and 7 the weight of the evidence. 8 making up the fact that she saw Mr. Vonhartman at her house, 9 and that he was very threatening to her. My client has no reason to be 10 safety measures in place. 11 have wanted to have happened. 12 She’s put lots of This is not an incident she would Clearly Mr. Vonhartman has more to lose, with an 13 order of protection and all -- all the reason to have all of 14 this beautiful evidence to come and -- and say he was at a 15 certain place. 16 But he very much so could have left his phone at 17 home. He could have had someone on -- on -- on his phone, 18 showing that there was a phone call. 19 look at the weight of the evidence here. 20 you will issue this order of protection. 21 THE COURT: 22 MS. RIDDLE: I think you have to And we hope that Okay. Judge, it is not lightly that -- 23 these cases -- we’ve got a Facebook page which we all know 24 exists, where -- and it -- and it’s great that they do exist 25 when it’s necessary for women to be able to communicate #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 50 1 about their personal experiences with somebody. 2 When it starts to become dangerous is when we 3 enter into this place where we’re so driven by fear that we 4 just start reacting to things when they don’t really even 5 know what’s going on. 6 And you’ve got the printout in front of you. And 7 you can kind of see this escalating in the group, where 8 somebody is like, “Yeah, I think maybe he was charged with 9 this.” 10 And then somebody else is like, “Yeah, I heard the facts are really bad.” 11 And it just starts escalating from there, where 12 it’s just like you would think -- reading that you would 13 think that this guy has a history of domestic violence three 14 pages long, that -- you know, there’s all -- you know, it -- 15 it gets -- it spins out of control, and it becomes chaos. 16 And the problem is that there isn’t a checks and 17 balances, because when somebody does reach out and say, 18 “Actually, this isn’t true about me, and if you continue 19 saying these untrue things about me, I’m going to consider a 20 civil lawsuit,” they’re met with an order of protection, 21 alleging stalking. 22 Well, yes, I understand we could leave a phone 23 somewhere. It’s not just a phone, Judge. We have a phone, 24 we have emails, we have a phone call with a followup email 25 to his email address saying, “Thank you for your phone call #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 51 1 today,” at 4:50, right after the phone call happened, with a 2 business mortgage lender. 3 up. 4 talked about, let’s put it in writing.” That’s what they do, they follow They say, “Great talking to you today. 5 This is what we Okay? She’s got text messages where he is actively 6 texting during the time frame that he is supposed to be 7 ringing a doorbell, banging on a door and banging on the 8 side of the house. 9 I understand that, yes, why -- why would she make 10 this up? 11 I don’t know if somebody was there. 12 she just got so scared that she wanted this to be real, and 13 she wanted to go to Facebook and say, “Hey, girls, yes, he 14 is psycho, and I did get an order of protection” and 15 validate all of these allegations. 16 we’re looking at a very serious allegation of stalking that 17 has to meet a very specific criteria legally and technically 18 on one side. 19 I have no idea. I have no -- absolutely no idea. I didn’t know if maybe I have no idea. But And then on the other side, it’s not even 20 possible. It’s physically not possible for him to have been 21 doing all of the things that he was doing while also doing 22 what is alleged -- ringing a doorbell, banging on the side 23 of a house -- unless he was just, what, calling and 24 emailing? 25 not all stuff that could be just recreated from a phone. Like some of it is from his laptop. Like it’s #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 52 1 There -- there is so much evidence that this was 2 not Mr. Vonhartman at the house on January 29th, at 3 4:30 p.m. 4 It does not meet the stalking statute. And we are more than happy to establish this 5 record, and continue fighting it, but it should not move 6 past this point. 7 and unfounded allegations of somebody, where there is no -- 8 there’s no proof of anything that’s happened on this side, 9 other than what I asked to be admitted as hearsay, part of 10 It shouldn’t. It’s all based out of fear the Facebook threads. 11 And I -- I wanted Your Honor to see that, and see 12 how out of control this can get, based on rumors and 13 speculation and fear. 14 MS. WELTY: Thank you. Your Honor, the only thing I’d like to 15 say is -- I -- I want to make sure you’re very -- you take 16 into consideration what’s actually evidence today. 17 a lot of evidence testified about by counsel for respondent 18 that’s not in front of Your Honor. 19 There’s So this email she’s talking about, you didn’t 20 allow that to be in. 21 what we actually have here today, testimony of my client. 22 So I would just like you to look at Look at the Facebook posts. It’s not out of 23 control. 24 like being said about him, eyewitness statements-- 25 There are some things that Mr. Vonhartman didn’t THE COURT: Yeah. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 53 1 MS. WELTY: -- things that other girls had said. 2 But that in and of itself is not something that was chaotic. 3 It wasn’t something that then caused my client to make 4 something up. My client (Unintelligible)-- 5 THE COURT: 6 just have them as Melissa Ing– 7 MS. WELTY: I think (Unintelligible). 8 THE COURT: This is all I have, just this one MS. WELTY: Oh, no, it went from my client -- I 9 10 So I don’t have the Facebook posts. I page. 11 don’t think I got that back, but that was during your -- did 12 you get it back? 13 MS. RIDDLE: 14 my handwriting on it. I have my copy, but my copy has got 15 THE COURT: I think Ms. Ingram has it. 16 MR. VONHARTMAN: 17 MS. RIDDLE: 18 MR. VONHARTMAN: 19 MS. WELTY: I have one. 20 THE COURT: Okay. 21 I’m sorry, you were saying? 22 MS. WELTY: I have two copies. You have two copies? Yes. I have another copy. Go ahead. It -- just -- Your Honor, that that in 23 and of itself is not chaotic. It’s not something that then 24 my client made up, someone coming to her home, someone who 25 she very clearly saw as Mr. Vonhartman. #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 54 1 She then sees a picture of him after the fact, 2 with the same hat on that he wore to come -- to come to her 3 house. 4 under the stalking portion of the order of protection 5 statute, and we would ask for this order of protection to be 6 granted. 7 And so again, I do think we have the two contacts THE COURT: Okay. So this is not the first time 8 the Court has heard where things are put online. And what’s 9 said online, people are much more aggressive and braver and 10 you know, blunt, online, and then when -- when they’re in 11 person, it’s different. 12 think this is our new reality, is online things. 13 It -- it becomes -- anyway... So I And Ms. Butterton, I’m -- I understand how you 14 feel. 15 you are afraid. 16 respondent’s counsel, that I don’t find that there are two 17 or more separate acts to constitute stalking. 18 I’m -- I’m not denying that you feel scared, and that But legally, I have to agree with And I do need to take into account that -- that he 19 -- Mr. Vonhartman has provided evidence that at least his 20 phone was there, and that there was -- he testified to the 21 fact that he had been working on a house that he was trying 22 to flip at the same exact time. 23 I’m not saying somebody didn’t show up at your 24 house. I’m not saying that you’re scared. I’m just saying 25 that there is not enough proof that there is stalking, and #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 55 1 that this man was there. 2 So I’m going to deny the order of protection. 3 Mr. Vonhartman, I hope that you’ve learned that 4 when things like this happen there are other avenues that 5 you can pursue to try to get yourself heard-- 6 MR. VONHARTMAN: 7 THE COURT: Yes, ma’am. -- rather than finding people and 8 yelling at them -- I mean, allegedly yelling at them, 9 because then you end up here. 10 So you have 10 days to appeal me. 11 Does anyone have any questions? 12 MS. WELTY: 13 MS. RIDDLE: 14 THE COURT: 15 16 No. Thank you, Your Honor. Okay. If you’ll leave first, and then if you’ll give him five minutes. Okay. Let’s do a second call of the– 17 18 Thank you, Your Honor. (End of recording.) * * * * * * 19 20 21 22 23 24 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Page 56 1 STATE OF TENNESSEE 2 COUNTY OF DAVIDSON 3 4 5 6 7 8 9 10 11 12 13 14 15 ) ) ) I, Laurie McClain, Transcriber, DO HEREBY CERTIFY that the foregoing proceedings were transcribed by me from a digital file, and the foregoing proceedings constitute a true and correct transcript of said recording, to the best of my ability. I FURTHER CERTIFY I am not a relative or employee or attorney or counsel of any of the parties hereto, nor a relative or employee of such attorney or counsel, nor do I have any interest in the outcome or events of this action. Date 04/17/2020 _____________________ Laurie McClain Transcriber 16 17 18 19 20 21 22 23 24 25 #20OP250 Butterton v. Vonhartman 2.10.20 Transcribed by Laurie McClain 615-351-6293 Index A ability, 56 Absolutely, 46 absolutely, 46, 51 AC, 46 access, 16, 40 according, 24 action, 56 actions, 24 actively, 51 acts, 30-31, 54 Actually, 50 actually, 8, 26-27, 40, 52 additional, 35 admin, 19, 25, 36 admitted, 40, 52 advice, 23 afraid, 54 Aggressive, 28 aggressive, 5, 8, 11, 28, 47, 54 ahead, 29, 42, 53 alarm, 14 alarms, 7 ALBERT, 1, 3, 34 Albert, 34 alerted, 8 allegation, 29, 32, 51 allegations, 19, 37, 51-52 alleged, 20, 51 allegedly, 55 alleges, 37 alleging, 50 allowed, 40 alone, 32 altercation, 35, 47 alternate, 46 am, 22, 25, 34-35, 37-38, 42, 44-45, 47, 55-56 An, 30 an, 4, 7-9, 16, 23-24, 26, 35, 39-41, 45-46, 49-51 ANA, 1 anonymous, 24 answers, 37 anymore, 10, 33 anyway, 15, 42, 54 anywhere, 13 apologize, 6 app, 4-5, 9-10, 13, 19, 34 apparently, 44 appeal, 16, 55 appears, 6 approximately, 10 Are, 9, 24 are, 20, 23, 25-26, 29, 47-48, 50, 52, 54-55 arguments, 49 arrest, 30, 36 arrested, 24, 35-36, 47 asked, 6, 10-12, 15, 17, 27-28, 30, 40, 52 asking, 5, 15 Assault, 27 assault, 35, 47 assaulted, 23 i Index attempted, 6, 31 attorney, 40, 56 Avenue, 2 avenue, 30 avenues, 55 B background, 16, 27 balances, 50 bang, 14, 45 banging, 7, 9, 13-14, 44, 51 Based, 8 based, 52 basically, 9, 11, 35, 44 bathroom, 6-7, 14-15 battery, 27, 35 Beach, 44 bearing, 31 becomes, 50, 54 becoming, 28 bedroom, 7, 14-15 been, 4, 8-9, 11, 18, 25, 27-29, 34-35, 37, 45, 47, 51, 54 behaviors, 31 being, 20, 36, 41, 48, 52 believed, 27 believes, 24 below, 33 better, 40 birthday, 35 bitch, 28 block, 8, 32-33 blocked, 5-6, 31-33 blocks, 16 blunt, 54 BMW, 46 boundaries, 14 braver, 54 briefly, 31, 34 broker, 48 brought, 35 burden, 30 BUTTERTON, 1, 3-4 Butterton, 2-56 C California, 44 called, 7, 14, 19 calling, 51 calls, 29 calm, 28 came, 21, 23, 25, 31, 37, 39 camera, 13 CARL, 1, 3, 34 Carl, 22-26, 28-29, 34, 36 cases, 49 cats, 45, 47 caused, 53 cell, 14, 16, 38-39, 41-42 certainly, 9 CERTIFY, 56 chaos, 50 chaotic, 53 charged, 25, 36, 47, 50 charges, 21, 24, 30 chatting, 27 cheated, 35 checked, 14, 17 checks, 50 children, 27 chose, 28 Cir, 2 circumstances, 29 civil, 29, 50 clarification, 46 cleaner, 25 Clearly, 49 clearly, 41, 49, 53 CLERK, 24-25 closed, 14 closer, 13 Closing, 49 clothing, 13 com, 1 comes, 41 coming, 31, 37, 53 commented, 22, 26 comments, 22, 25-26 communicate, 31, 34, 49 communicated, 31-32 communicating, 30 communication, 10, 20 ii Index communications, 18 completely, 35-36 concerned, 7, 23 concerning, 8, 31 conduct, 30 consideration, 52 considerations, 8 considered, 41 constitute, 54, 56 contacting, 8, 35 contacts, 30, 54 continued, 14, 21, 28, 30-31 continuously, 8 conversation, 21 convictions, 27 copied, 24 copies, 22, 53 cops, 7, 14, 30 Counsel, 16-17 counsel, 52, 54, 56 coworkers, 8 credibility, 49 credible, 40 criminal, 27, 30 criminally, 30 criteria, 51 currently, 9 desk, 45 Did, 5, 7, 13, 27, 37-38, 45-46 did, 4-5, 7-8, 12, 14-15, 18-20, 22-23, 25-28, 34, 36-38, 43-46, 51, 53 different, 8, 36, 40, 48, 54 digital, 1, 56 directly, 22 dismiss, 29 disrespectful, 28 Does, 55 does, 25, 32, 50, 52 doing, 16, 23, 28, 44-47, 51 Domestic, 24 domestic, 24-25, 27, 35-36, 47, 50 Done, 11 done, 33, 46 doorbell, 6-8, 14-16, 45, 51 dorm, 24, 36 dorms, 35 driven, 50 drunkly, 27 drying, 6 duly, 4, 18, 34 E D dangerous, 50 data, 38-39, 41 dating, 4-5, 9-10, 34-35, 45 DAVIDSON, 1, 56 days, 55 decided, 5, 11, 22 defamation, 8, 12, 47 defined, 30 delays, 37 delete, 23, 41 deleted, 23, 28, 40-41 demeaning, 28 demeanor, 19-21, 27 deny, 31, 55 denying, 54 designed, 23 echoed, 5 edit, 43 edited, 24 email, 44, 50, 52 emailing, 51 emails, 50 employee, 56 Epass, 8 escalating, 50 ESCOBAR, 1 Especially, 7 ESQ, 2 establish, 52 events, 56 eventually, 14 everywhere, 38 evidencing, 30 exactly, 14, 38, 40-41 EXAMINATION, 3-4, 9, 17-18, 22, 34, 48 examination, 9, 21, 48 iii Index examine, 48 examining, 40 exhausted, 48 Exhibit, 24 exhibit, 24, 29 exists, 49 experiences, 4, 25, 50 expert, 39-41 explaining, 36 extreme, 21 extremely, 21 eyewitness, 52 F Facebook, 10, 12, 19, 22-23, 28, 31-33, 35, 40, 42, 49, 51-53 facial, 6, 13 facts, 26, 50 fan, 27 fat, 28 February, 1 female, 19 fence, 16 fighting, 24, 27, 52 fights, 11, 26-27 finding, 55 Fitness, 48 flip, 43, 45, 54 following, 30 follows, 4, 18, 34 followup, 50 foregoing, 56 forever, 20 forth, 44 forum, 5 forums, 4 found, 11 foundation, 38 frame, 44, 51 freshman, 35-36, 47 friendship, 31 frightening, 28 G garage, 8 gate, 16 Gender, 24 gets, 50 getting, 26 girlfriend, 35 girls, 51, 53 gives, 33 glimpse, 23 global, 8 gmail, 1 going, 5, 8, 11-12, 14, 16, 19, 21, 23, 25, 28-29, 32, 34, 37, 39-40, 43-44, 47-48, 50, 55 gone, 16, 28 Google, 8, 44 gossip, 35 got, 6-7, 12-13, 15, 25, 27, 31, 35, 38, 40, 43, 47, 49-51, 53 gotten, 8, 11 grabbed, 14 grain, 23 granted, 29, 31, 54 grilling, 12 guys, 10, 34 gym, 37-38, 48 H Had, 17 had, 4-6, 10-11, 13-14, 17-18, 21, 23, 25-26, 31, 34-36, 44-45, 47, 49, 53-54 handwriting, 53 happened, 5-7, 16, 25, 34, 49, 51-52 happening, 14-15 happens, 23 harm, 27, 45-46 hashtag, 24 hat, 6, 13, 17, 54 hats, 17 having, 4, 18, 22, 34 heads, 23 iv Index heard, 6, 11-12, 50, 54-55 hearsay, 37, 39, 42, 44, 52 Hendersonville, 21, 28 HEREBY, 56 hereto, 56 Hermitage, 39 Hey, 51 Hickory, 39 hid, 7 hiding, 7 highs, 21 Hinge, 9-10, 40 hobby, 47 honestly, 42 Honor, 4-5, 9, 17-21, 29-31, 34-35, 37-44, 49, 52-53, 55 HONORABLE, 1 horrible, 23 hours, 16 Huge, 27 huh, 11-12, 15, 20, 31, 33, 41 Humane, 47 I ignorance, 32 immediately, 7, 28, 37 impediment, 36-37 implies, 24 incident, 8, 19, 49 including, 8 incorrect, 35 indication, 30 Info, 8 information, 8, 23, 37, 40-41 Ing, 53 ing, 34 INGRAM, 3, 18 Ingram, 18, 22, 36, 53 inquiry, 31 Instagram, 5-6, 10-11, 17, 30-34, 40 installed, 8, 13 instruct, 16 interested, 27, 30 interferes, 30 investor, 44 involved, 19, 47 involving, 47 irrelevant, 24 Is, 9, 16-17, 28, 35, 43, 46 is, 4, 6, 8-9, 12, 16, 18-20, 23-25, 28-31, 36-44, 46-54 J January, 4, 6, 12-13, 18, 22, 37, 42, 45-46, 52 jumped, 31 jumping, 31 K kept, 11, 14-15 kids, 20 kinds, 17 knew, 11, 13, 31 knowing, 39-41 knows, 30 KORTNI, 1, 3-4 Kortni, 4 L Lake, 39 laptop, 51 later, 12-13 Laurie, 1-56 lauriemcclainmusic, 1 lawsuit, 50 lean, 23 learned, 35-36, 55 legal, 21 legally, 51, 54 v Index lender, 43, 51 lightly, 49 limited, 20 lived, 20-21, 28, 31 lives, 47 ll, 4, 16, 40, 55 located, 42 location, 37, 39, 41, 44, 48 locations, 40, 43, 48 locked, 8 LOGICFORCE, 41 longer, 32 looked, 31 looking, 51 lookout, 9 looks, 8 lots, 49 lows, 21 luckily, 31 M ma, 22, 25, 34-35, 37-38, 42, 44-45, 47, 55 made, 7, 15, 19, 23, 28, 30, 53 making, 46, 49 map, 43 matched, 30 McClain, 1-56 McKinney, 2 meant, 36, 42 measures, 49 media, 5-6, 8, 30-31 MELISSA, 3, 18 Melissa, 18, 36, 53 members, 22, 28 men, 28, 35 mentioned, 34 mentor, 44 mess, 32 message, 5-6, 12, 19, 32-34, 36, 44 Messaged, 10 messaged, 10, 14 messages, 11, 32, 36, 51 messaging, 7 Messenger, 19 met, 4-5, 9, 14, 50 miles, 46 mimic, 38 minutes, 7, 14, 44-45, 55 MMA, 47 modified, 37, 39 modify, 39 mom, 47 monitoring, 30 mortgage, 43-44, 48, 51 mountain, 46 mouth, 12 moved, 13, 15 moving, 15 MR, 10, 53, 55 Mr, 4, 6-7, 10, 13, 18-20, 34, 36, 48-49, 52-55 MS, 4-5, 9, 16-22, 24-25, 29-32, 34, 37-44, 48-49, 52-53, 55 Ms, 3-5, 10, 18, 20, 22, 25-26, 29, 34, 36-38, 40, 42-46, 48, 53-54 multiple, 44 N names, 12 Nashville, 1-2, 10, 21, 23, 28, 35, 47 nd, 2 necessarily, 20 needed, 13, 27 neighborhood, 14 neighbors, 8 nervous, 36 Newport, 44 nicely, 27 noise, 15 nor, 46, 56 noticed, 13 O object, 5, 19, 37, 39, 44 objection, 17, 24, 39-40 vi Index objections, 24 observing, 30 obviously, 19, 34, 43 occur, 7 occurring, 19 officer, 42 officers, 15 offline, 8 Oh, 21-22, 26, 53 ones, 36 Online, 9 online, 4, 8-9, 54 OP, 1-56 opened, 40 opening, 4 opt, 8 opting, 8 option, 33 Orders, 29 outcome, 56 outlet, 47 outside, 6-7, 14, 19, 46 overwhelming, 21 P Pages, 8 pages, 50 paperwork, 10 parents, 7 parties, 4, 36, 49, 56 pasted, 24 Pat, 27 Patriot, 26-27 Patriots, 11 pause, 16 Percy, 39 personal, 5, 16, 26-27, 50 personally, 18, 47 Petitioner, 1 pets, 47 phone, 7-8, 14-16, 19, 21-22, 27, 37-45, 48-51, 54 photos, 36 physical, 47 physically, 45, 51 pictures, 40 pissy, 27 Planet, 48 plausible, 40 PLLC, 2 pool, 35 popping, 36 pops, 36 portion, 54 possibly, 10, 26, 31 posted, 5-6, 25, 27, 36 posts, 23, 35, 40, 52-53 Potentially, 27 pounding, 6-7 pounds, 6, 13 preservation, 16 preserve, 16 PRESIDING, 1 Priest, 39 printed, 37 printout, 50 prior, 17, 27 probably, 6, 25 proceeded, 21 proceedings, 1, 56 profile, 33 proof, 18, 45-46, 52, 54 protection, 4, 7-8, 13, 19-20, 29-31, 37, 46, 49-51, 54-55 provided, 54 psycho, 51 pulled, 38, 42 pursue, 30, 55 Q questions, 11, 17-18, 29, 55 quote, 36 vii Index R RACHEL, 2 raised, 47 ran, 7, 14 rang, 14 re, 11-13, 16, 19, 23-25, 30, 32, 34, 50-52, 54 reach, 5, 30, 50 reached, 22-23 reaching, 8 react, 23 reacting, 50 reality, 54 reasons, 23 recently, 35 recording, 55-56 records, 16, 31 recreate, 39, 41, 43, 45 recreated, 51 recreating, 41 REDIRECT, 17 Redirect, 3 redirect, 5, 17, 29 refined, 22 regarding, 19 rejection, 26 relate, 20 relates, 19-20, 46 relationship, 9 relative, 56 relevancy, 19 relevant, 19 remained, 37 renew, 39-40 requested, 33 residence, 9 respond, 5, 31, 33 responded, 36 Respondent, 1 respondent, 17, 40, 52, 54 response, 30 resurfaces, 12 RIDDLE, 2, 9, 16-17, 19-20, 22, 24-25, 29, 31, 34, 38-44, 48-49, 53, 55 Riddle, 3, 10, 25, 29, 38, 40, 42-44 rightful, 23 ringing, 6-7, 14-15, 51 rises, 31 roommate, 7, 14 roughly, 43 rude, 11 rules, 41 ruling, 29 rumors, 52 running, 12 S safety, 8, 23, 45, 49 Said, 14 said, 4-5, 9-16, 21-28, 30, 34, 46, 52-54, 56 saw, 6-7, 14-15, 17, 35, 37, 49, 53 saying, 8, 19, 32, 34-36, 40, 47, 50, 53-54 says, 41-42, 48 scared, 51, 54 scope, 19 Screaming, 28 screaming, 28 screenshot, 33, 43 screenshots, 12, 22-25, 27, 36-38, 40 search, 8, 26, 43 searches, 44 security, 8 seeing, 26, 42 seek, 7 seemed, 11 seems, 36 seen, 17, 26-27, 34, 45 sees, 54 sends, 8 sent, 5, 19, 22, 27, 32, 34, 36 Series, 46 series, 30 served, 37 Services, 48 services, 37, 40-41 SESSIONS, 1 sexually, 23 shape, 45 shocking, 41 shortly, 5 showcased, 6 showed, 14-15, 48 shower, 16 viii Index showing, 37, 46, 49 shown, 24 shows, 23, 38, 43, 48 SHYANNE, 2 sight, 6 significant, 43, 48 sitting, 45 somewhere, 7, 41, 50 sought, 5, 31 sounds, 15 Specifically, 47 specifically, 7, 17, 20, 25, 41 speculation, 52 speech, 36-37 spins, 50 stalking, 19, 29-32, 50-52, 54 started, 7-8, 14 starts, 50 stated, 20, 31, 48 statements, 23, 52 statute, 29, 52, 54 stayed, 15-16 stepped, 6 steps, 8 stopped, 7 submitted, 48 sue, 8, 12, 47 Suite, 2 summarized, 44 sunglasses, 6, 13 super, 27 supposed, 51 surveilling, 30 sustain, 44 swear, 4, 26 Swipe, 10 sworn, 4, 18, 34 T taken, 8-9, 28 talked, 34, 36, 51 talking, 51-52 technical, 29 technically, 51 technological, 40 telling, 8, 15, 28 tells, 41 TENNESSEE, 1, 56 Tennessee, 1 testified, 4, 18, 34, 40, 52, 54 testify, 40 testimony, 47, 52 text, 13, 44, 51 texted, 10 texting, 44, 51 th, 4, 6, 12-13, 22, 31-33, 35, 37, 42-43, 45-46, 52 thanked, 44 things, 8, 11-12, 23, 33-34, 40, 44, 50-55 thinking, 33 thisisnotokay, 24 threads, 52 threat, 20 threaten, 27 threatened, 46 threatening, 19-21, 28, 30, 45-46, 49 threats, 20 times, 43 TN, 2 told, 5, 11, 15 took, 22-23, 44 totally, 26 towards, 19 towed, 46 track, 20 Transcribed, 1-56 transcribed, 56 Transcriber, 56 Transcript, 1 transcript, 56 tried, 31-32, 36 truck, 46 trying, 8, 30-31, 43, 45, 54 turned, 7 U Uh, 11-12, 15, 20, 31, 33, 41 uncomfortable, 27-28 Unfortunately, 13, 22 unfounded, 52 UNIDENTIFIED, 25 ix Index Unintelligible, 4-6, 9, 11-16, 22, 24-26, 32-33, 42, 53 unmatched, 5, 34 unstable, 21 untrue, 35-36, 50 upset, 24 upstairs, 45 used, 12 V vaguely, 26 validate, 51 ve, 23, 25, 49-50, 55 vehicle, 13 verify, 32 via, 19 violence, 20, 24-25, 36, 47, 50 violent, 11 voices, 25 volunteer, 47 VONHARTMAN, 1, 3, 10, 34, 53, 55 Vonhartman, 2-56 vs, 1 winding, 14 windows, 14 WITNESS, 9, 22, 25, 32-33, 43, 48 witness, 18 witnesses, 8, 29 Women, 23 women, 4-5, 8, 10, 22-23, 26, 28, 35, 49 womenneedtofightforeachother, 24 words, 12 wore, 54 worked, 21 working, 54 workout, 41 works, 39 writing, 51 wrote, 25 Y Yeah, 10, 26, 29, 39, 43, 50, 52 yeah, 14, 16, 26 years, 10, 36, 47 yelling, 55 W Z wanted, 7, 11-12, 15, 21, 26, 29-30, 32, 49, 51-52 wants, 39 warrant, 30 Was, 6, 9, 20-21, 28 was, 4-15, 17-24, 26-32, 34-38, 41-55 wearing, 6, 13, 17 websites, 8 weight, 43, 49 WELTY, 2, 4-5, 9, 17-21, 24-25, 29-32, 34, 37, 39-41, 44, 48-49, 52-53, 55 Welty, 2-3, 5, 20, 48 Were, 15, 45 were, 7, 11, 14-16, 23-24, 26-27, 30-31, 34-37, 41-42, 44-46, 48, 53, 56 willful, 30 Zoom, 8 x Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, v. KORTNI BUTTERTON, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 20C740 AFFIDAVIT OF KORTNI BUTTERTON 1. My name is Kortni Butterton, I have personal knowledge of the facts affirmed in this Affidavit, I am competent to testify regarding them, and I swear under penalty of perjury that they are true. 2. I am the Defendant in the above-captioned case. 3. On January 28, 2020, the Plaintiff, Carl Vonhartman, threatened to sue me and continuously sought to contact me on social media despite my efforts to prevent him from doing so. 4. The following day, on January 29, 2020, I was made aware of correspondence between the Plaintiff and Melissa Ingram in which the Plaintiff: (i) expressed anger about statements that I and other women had made about him, (ii) repeatedly threatened “war” regarding those statements, and (iii) indicated that he was both able and inclined to find the home addresses of people who upset him. A true and correct copy of the Plaintiff’s written correspondence with Melissa Ingram—which does not include additional threats the Plaintiff conveyed to her over the Page 1 of 4 phone—is attached to this Affidavit as Attachment #1. 5. On the late afternoon of January 29, 2020, a man who appeared to me to be the Plaintiff showed up at my door, repeatedly rang my doorbell, and banged on my door and windows for approximately 25 minutes. 6. Believing that my life was in danger, I hid in my bathroom with a gun. I also contacted the police, my roommate, my mother, and my stepfather for help, and I armed my security system. A true and correct copy of my contemporaneous text message correspondence with my mother and stepfather is attached to this Affidavit as Attachment #2. A true and correct copy of my alarm system log indicating that I armed my security system at 4:53 PM is attached to this Affidavit as Attachment #3. 7. I called the police in good faith because I genuinely believed that my life was in danger and that the Plaintiff had come to my home to harm me. 8. Everything that I told the police was based on my personal observations and beliefs as to what was occurring. I did not tell the police anything that I did not genuinely believe to be true. 9. I was so afraid by what occurred that I did not sleep at my house on January 29, 10. After the police arrived, I retained counsel and sought legal advice as to how I could 2020. protect myself. 11. I disclosed all material facts that I was aware of regarding what had occurred to my attorney. My text message correspondence with my attorney is attached to this Affidavit as Attachment #4. 12. Based on what had occurred, I was advised by my attorney to file a petition for an Page 2 of 4 order of protection against the Plaintiff. I was additionally advised by my attorney that I could pursue criminal charges against the Plaintiff. Because I was exclusively concerned with protecting myself, however, I opted only to file a petition for an order of protection and did not pursue criminal charges. Acting on the advice I received from my counsel, I also followed my attorney’s instructions regarding how to petition for an order of protection, and on January 30, 2020, I did so. 13. I did not possess any evidence regarding the whereabouts of the Plaintiff’s phone at the time I petitioned for an order of protection against him. 14. I believed in good faith that the Plaintiff showed up at my house on January 29, 2020 and posed an immediate danger to me. 15. All of the statements that I made to 911 on January 29, 2020, all of the statements contained in the petition for an order of protection that I filed on January 30, 2020, and all of the statements that I provided during my testimony in Davidson County General Sessions Case No. 20OP25 on February 10, 2020, were based on my personal observations and what I genuinely thought had occurred based on the information that was available to me. Every statement I made was truthful to the best of my knowledge, information, and belief. 16. Based on the Plaintiff’s threats the day before and day of the incident, based on the fact that the man who showed up at my home on January 29, 2020 looked like and gave every appearance of being the Plaintiff, based on the fact that the man who showed up at my home on January 29, 2020 appeared to be wearing a hat that I had seen pictures of the Plaintiff wearing, and based on the fact that neither I nor my roommate had invited anyone to our home or had any idea who else would have shown up and aggressively banged on our door and windows, I reasonably believed that the Plaintiff was the person who had come to my home. 17. The Plaintiff’s allegations that I “devised a scheme to ruin his reputation” and that Page 3 of 4 I petitioned for an order of protection in order “to gain the admiration of other members of [a] Facebook group” are unequivocally false. I did not even post about the petition for an order of protection that I filed against the Plaintiff on the Facebook page at issue and sought nobody’s “admiration” regarding it. I sought an order of protection in good faith and on the advice of my attorney exclusively because I feared for my personal safety. 18. The Plaintiff’s allegations that I “knowingly made false statements about Mr. Vonhartman” and told a “lie” about anything during my 911 call, in the petition for an order of protection that I filed, or during my testimony in Davidson County General Sessions Case No. 20OP25 are unequivocally false. Further affiant sayeth not. Pursuant to Tenn. R. Civ. P. 72, I declare under penalty of perjury that the foregoing is true and correct. ________________________ Kortni Butterton Kortni Butterton (Apr 23, 2020) Apr 23, 2020 ________________________ Date Executed Page 4 of 4 Attachment #1 . Cart Burden Cari Durden You and Cari aren't connected on Facebook Please show me on that 15 year old arrest report how that's domestic vioience. Please. I'd iove to see it. That was for a ?ght that I got into inSide my dorm room in coliege. Nothing about that was domestic in nature. You are spreading false and defamatory information. I know your little group thinks it's untouchable. but you aren?t. Saying that I was arrested for domestic assaut?t is a blatant lie'. It was a fight inside my claim when was 19, you fat . fucking moron. Please, post a scene of this in your group as well . Streen literallyjust got off the phone with my attorney at the Cole group You saying That I have a clear history of' domestic violence is the exact de?nition of defamation and slander. it was a fight from my college dorm when I was 19 years old, and Charges were later dismissed. And I really don't care about your opinion of my personality or what anyone else in your group thinks of me, but you aren't going to say that I've been arrested for dome-stir assault when that?s completely false. Sorry, it isn?t going . to happen. I copied and pasted someone else's continent But I've edi!ed it. to: clarity. You have been posted about. on multiple FE- pages by rriuitjple wo that report the same thing. You spiraling and its unheatthy. I'm sure-I have and I really don?t care. I literally get called aggressivejust for sticking up for myself. I?ve done nothing wrong here. I?ve never hit a woman. . Again; you?re in no position Iojudge me or how I live my life Nobody said you hit a woman" Saying I was arrested for domestk violeme implies that . I could saythe same thing about your weight and unhealthy lifestyle. You don?t matter. You aren't god, Stop acting like it. I literally could not care less. I?m an admin ofa site for singie women that. need a resource to stay safe That's it. I dont hang out on there. Not my bag. Nobody said you hit a woman. The screen grabs-are there and say the exact charges. Nobody once said you hit. a woman. Seriously. i do not act or think iike i'm ince we don know each we shoulom e. I teil the ladies to take what is oosteo With a grain of salt. Their are crazy . and 3 Sid to every story. Clears?there is only one side to this story. . I'm a monster that hits women Not one person said that. . Catt Burden Not one rsorl said that. I?m not gomg to sit by and let this happen. You've started a warwith the wrong man I literally have multiple women sending me screens each time this nonsense is posted about me. I'm about to create a group where do nothing but share each and every post from your group And that's going to include any and all information I can ?nd I'm sure this group started as a way to protect women from guys who are actually abusive, but it's turned into else. It's. turned into a group where pathetic cowards whine and cry when a guy doesn?t text them back. You aren't doing any service to the community with this I really don?t care is this oosts me 20k. l'll see you in court for-saying that was arrested for domestic violence . But yeah. I?m spiraling. Could be worse] could begrossly overweight with a bunch of kids. It wasnt just tor abuse. Just guys that weren't honest really. But I do ?try to monitor posts. If someone is being petty the post ls deleted there are 3 swrpe lett groups in Nashville. admin 1, the' started after girls were posting guy In Nashville Girls It' you knew rneyou would know that am extremely neutral. Women get upset about. shit they shouldn'L I'm not one ol' people. I?m not even a Single person. hate typically catty still and the difference 4n our group is ido that shit. I have epral'ned myself more you oeserve atter the personal attacks. I hope you get the help you need I am perfecthl happy and comfortable my lite Carl. Please be a human By the end of the day I?ll havejyour full name and employer so I can move forward with this suit . Yeah, l?m the one'that needs help. This is personal and I'm not going to stop until this gets corrected, Let me. know the attorneys info. II gladly give them a call, Nothing was posted that was untrue You can say this until you're blue in the fate. . I have the screen shot I have had l_I experieniewlm you other Illan here in this message And you are unstable The screen shot of nobody saying you hit worn en? Who is the attorney I should call? I'm unstable because I'm speaking the truth? . Please, what did I say that was unstable? 0 'h . Carl Burden . That's defamation. ?Carl seems to have a history of domestic vietence Where does that say anything about you hitting I love this. Typical female [0955. . I?m unstable because I'm saying mean things Feet ilPl} g=v9 me 3 Id? . Sure thing.What?s the number? You can catl me right here. I'm hampy to talk. to you. Carl catted you. January 29, 2020 at 111-11 AM . Call Again PM . You realiyjust can?t leave it alone. can you? I have cantacted an attcmey Please do HGT contact me anymore. I was very understanding to your DDSITIOH before you. reached Gut that. way ?v'uu have ?ght with Laura. nut me. wish yuu the beat Iri whatever it Is you are attempting t0 do here. I warn. to do it My group! me did nothing wrong. me again. I If! the ()0!th recording of Catt and VOUI threatening me. Pasting anuthe'r post a?out me personalty dearty shows you have everything to'dn with it. Gaahead and 'contact every alt?rney you'd like, I?m the one with screen shots Qi? you saying that was arrested for domestit viotience. Ewan-555399.. l? 0 Carl Burden Posting another post about me personally clearly. shows you have everything to do with it. Go ahead and contact every attorney you'd like. I?m the one with screen shots of you saying that. was arrested for domes-tic viotence. . Please, go to the police as well. I didn't threaten you at all. l?m sorry that you're too stupid to understand plain speaking. I mean every word of what Isaid. There will be real and actual consequences for this defamation. violent or at] . . the home, ty tl'it= violent ab partner. Domestic Violence is anyone in the home. it. has nolliign to do With a Spouse. Your phone call With me is- all recorded. You threatened me. My post is very clear about the rea'on why it's not okay I have been the petson you are attacking and have done nothing wrong. This is insane and you calling me that way only made you look more ridiculous. I was nice to you when you were tar less than to me. You weren?t nice at all. You dearly think that you're some kind of moral authority. You don't even know me and to call me unstable etc is preposterous. I could careless it you have a recording. know exactly what I said. I'll say it again, you?re starting a war with the wrong man. . l?m-sitting down my with attorney tomorrow and showing her all these screens Do not message me again. i didn?t sia rt a war with r?ou called me and threatened me. Iwauld have gladiy deleted the post and moved on until I fell like! was in danger. You were on my page talking about my kids and trying to figure out where I live. Telling me you would go to my run. Can you imagine? .Go ?ght Laura. ME. On your page? You should havejust deleted the post and moved-on . Now you?ve-created something that can?t be undone. l'm going to ask you once to respectfully delete that post and I'll delete the group 1 created where l?ll be sharing screen shots of your group's pogo Ihe List about you! . And created a new one that?sjust as bad The past she made about you with you picture and everyone commenting about how you have an anger problen?r was deleted earlier The only post I made was just letting them know why so many posts were deleted And told your side oi the. story to BE CLEAR that it was a long time ago and somethign stupid [ruin college. No. you didn?t. . It's fine. Go ahead and keep defaming me. l'm going to do everything within my legal right to make sure you pay for this. To be clear, according to Carl. he was arrested tor a iignt in a dorm room. . I will not stop until this is?right. What else do you want rCarl:I . I want to be left alone. I want that post you just put up deleted so we can go our separate ways. I'd really love to not lee! threaten you Not Ieel like i need 0 (all my kid 1' today and tell them to make 5 my kids wen: pt li'l the school ally would have like . nd IEI him know. . It's your Choice. If that post stays up then I?m going to be doing everything in my power to make sure thisgets corrected. 0 Carl Durden It's youmhoice. Ifthat post stays up then l'm going to be doing everything in my power to make sure this gets in?ected, You madea comment about not even living in Nashville I was simply gomg off what was (in your pro?le That's it. All tme, You have no right to pass judgment on me Cleadv you want to keep this going so I'll gladly dbtige If it?s a war you want then that?s what you're going to get You?re on drugs. never said that But l'll gladly hire a private-investigator to ?nd out every?iing I need to know to see you in court Well, if you didn't want to continue this then you shouldn't have defamed me again I'm riot doing this anymore. I asked you 3 times to remove that post so we could go ourseparate ways a a My husband really liked the Call from his wire in tears over a tucking laceooak page that :5 FOR WOMEN TO LOOK OUT ONE ANOTHER. I don?t even quality to be a member. You rroseerl the line when you :Itarted telling me you knew where I lived rould say the same thing about your WEIglit and unhealthy lifestyle. ?I'nu don't matter You aren't g-td Si'np acting like it But yeah. spiraling Could be worse. I could be grossly ovr-nirc?ight With a bunch of kit I had no demre to EVER :jummtinltate With van or have anthinq to dd With the [tram] that surrounds whatever you have going on. ?i?cu seem tr: be okay With the war,- VDU talked to me. the threat vou made. and the (imam-aging thing: you said. You told me by the enrl of today you woutd know where I live, where I work and I am and we would rams aft?l me I CALLED MY don?t know you rat all I have no idea what you're capable of. I am getting beat down over something when I?m not the bad guy. Y's-5 lhat is what you bald the (all trying to Just end the issue. Have a conversation and hopelull',? not do a crappy rne?sa What was said that WEE defamatory? Attachment #2 H:z?l 75%- ng my?fe Hash A . I 'm seeing my life ?ash\ before my eyes. I'm hiding in my bathroom while a. man who I had encountered on a. dating app is banging kon my house. MMS 2:42 PM was Mm Co.? I Yep. been on the phone with I for IO minutes. Kortni Butterton MMS 2:4?1 PM MMS 2:4? PM Where's your gun?? How the he? does he know WAS 22?50 PM .I a" where you Kortni Butterton Ti?: with me 711. the C) H:z?l E?s?75: 75%- ng my life Hash A It's with me in the bathroom. I'm sure he searched online. 2:5! PM 253;?; Are the cops on the Way? Kortni ButtertOn He has been threatening women in the group who said anything about him. All I said was he was aggresswe. W5 No, they're backed up in the area she said 9?2: PM Is there anybody else that 2% PM you can call?? MMS Craig Lamp Holy shit! 2:53 PM fucking is at your house beating on it they're fucking 11:30 75%- ng my life flash A on it they're fucking WAS 25; PM backed Kortni Butterton WAS 2:53 PM Yup, apparently. I'm sure not all their fucking calls are that W5 serious 2:53 PM Is there somebody I can call for you? What about your coworker, Dave or whatever his name is MMS 2:54 PM Craig Lamp Okay stay on the line. Stay locked in the bathroom. If he gets in and tries to come through the bathroom door shoot that fucker through the door. You have ?ve shots in that gun W5 254 PM 0 H30 9 75%- ng mgtife Hash A I've teXteot co Workers near me and no response. I will absolutely shoot him. I turned the house alarm on. W5 Craig Lamp Cops need to get there asses over there now! if: MMS 2:55? PM GiVe me their numbers. .. Kortni Batterton Right! Any place I try to leave toWhere 5 theresa, kortni Butterton 1 MMS She at work Can you, set off your house alarm to try to scare the shit out of him? C) 11:30 9 75%- ng my life Hash A an you se 0 your house alarm to try to scare the shit out of him? And maybe alert your W5 neighbor question 2:56 PM Kortni Butterton I wish I had Bruce's number handy, but it's on the fridge. PM W5 Is that the neighbor? WW5 I '2 2:57 PM What his last name, . KortniButterton Yes Was 1 WW I don know 257W ?mi Can you Google him? Craig Lamp Good just keep I updated with everything you are hearing. Let them know 1, n9 my life flash A I eVerythiny you are hearing. Let them know you are armed if you haven?t already. ?31754 Kortni ButtertOn I've googleol him plenty PM MMS - 3:02 PM Your neighbor? Craig Lamp Are you hearing any more banging? ETA on police?? . Kortni Butterton it? Oh, no lol 3:02 PM MMS I 'm thinking maybe you 5 can get his number? Is your coworkers wife?s name Michelle Glass? I can call her and so she can get in touch with him Was - if you want me to? 0 11:3! 9 ng mytife Hash A Yes, but they aren't close to me WAS W5 It doesn't matter You know he'd be there as fast as he can WAS 5 5% How far they from you Craig Lamp The police should haVe been there by now this is upsetting. ?g PM It's Very upsetting was - 3:07 PM fucking scary? +I6I?q46gl7q K5 Unsavect 3205? PM 0 11:31! ng my life flash A Michelle's phone number at the top. I just called her she's calling her husband in a group of them were going out to dinner and she's going to have them head your way. Kortni, are you Respond. MMS MMS Kortni ButtertOn Cops are here W5 . Craig Lamp Kortni let us know if you can that you are okay. MMS Thank God. W5 . Kortni Butterton A couple neighbors just showed up too to search the premise. W5 . Craig Lamp Is he still around. Need to get your camera set MMS C) 11:3! 9 ng my life flash A Is he still around. Need to get your camera set MM5 3:16 PM Thank God! I was freaking out MMS Do you, want me to tell Michelle to have Eric not MM come now? Craig Lamp Yes he doesn't need to fly OVer there. Probably breaking some speed limits. W5 Kortni {Batterton MMS Eric IS me 3:,qu 0k good! Michelle said he'd probably still want to come check on you. 3:20 PM Ok giVe as a call after 5:30 our time please! MMS 3 :42 PM 0 9 ?Q?de-?ta?l ng my life flash A Craig Lamp Kortni so thankful you are okay. Just talked to mom about what happened. I will review some Ring cameras and doorbell tonight and let you know. Glad you have somewhere to stay tonight. This guy is obviously No need to take a chance. Love you very much and glad you had your gun I MMS you? 4:54 PM Kortni Butte-don Sounds good. I told Theresa to stay elsewhere too, offered Eric's place too. 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Inc; a 99 it Affidavit of Kortni Butterton and Attachments #1-4 Final Audit Report 2020-04-23 Created: 2020-04-23 By: Daniel Horwitz (daniel.a.horwitz@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAL2bgw5uKgMk5_ia0vBdYPocOEC_YT5Of "Affidavit of Kortni Butterton and Attachments #1-4" History Document created by Daniel Horwitz (daniel.a.horwitz@gmail.com) 2020-04-23 - 7:58:00 PM GMT- IP address: 136.58.90.241 Document emailed to Kortni Butterton (kortni_butterton@hotmail.com) for signature 2020-04-23 - 7:58:46 PM GMT Email viewed by Kortni Butterton (kortni_butterton@hotmail.com) 2020-04-23 - 8:00:04 PM GMT- IP address: 73.58.195.146 Document e-signed by Kortni Butterton (kortni_butterton@hotmail.com) Signature Date: 2020-04-23 - 8:00:32 PM GMT - Time Source: server- IP address: 73.58.195.146 Signed document emailed to Kortni Butterton (kortni_butterton@hotmail.com) and Daniel Horwitz (daniel.a.horwitz@gmail.com) 2020-04-23 - 8:00:32 PM GMT Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, v. KORTNI BUTTERTON, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 20C740 AFFIDAVIT OF BENITA K. LAMP I, Benita K. Lamp, declare and state under penalty of perjury as follows: 1. I am the mother of Kortni Butterton, the defendant in the above-captioned case. I am an adult citizen of the State of Washington, I am competent to testify in this matter, and I have personal knowledge of the matters asserted herein. 2. My daughter, Kortni Butterton, texted me on Wednesday, January 29 th, 2020 at 2:48 pm, PST, to say that: “I’m seeing my life flash before my eyes. I’m hiding in my bathroom while a man who I had encountered on a dating app is banging on my house.” 3. Attached as Ex. 1. to this Affidavit is a true and correct copy of the entire text message dialogue between Kortni, her stepfather, and me during this incident. 4. I could tell my daughter was genuinely scared for her life, and I immediately advised her to call 911 as a result. Kortni indicated that she had already done so, but that the cops were delayed. I asked her where her gun was, and she responded that she had taken it with her in the bathroom. 5. Based on the facts that Kortni was hiding in her bathroom with a gun and indicating to me, her mother, that she was afraid for her life, it was clear to me that my daughter was authentically terrified and feared for her safety. I am certain that my daughter was communicating with me, her stepfather, and law enforcement in good Page 1 of 2 faith because she genuinely believed that a man that she had encountered on a dating app was banging on her house, rather than for any malicious purpose or to gain anyone’s admiration. 6. Given law enforcement’s delayed response, I contacted the wife of one of my daughter’s co-workers, Michelle Glass, for help. I explained what was going on and asked if her husband, Eric Glass, could go check on Kortni. Michelle called her husband and called me right back and said Eric was on his way. 7. We continued to text during this entire time, until the police officers arrived. Pursuant to Tennessee Rule of Civil Procedure 72, I declare under penalty of perjury that the foregoing is true and correct. _________________________ Benita K. Lamp April 3rd, 2020 Date Executed Page 2 of 2 Exhibit #1 H:z?l 75%- ng my?fe Hash A . I 'm seeing my life ?ash\ before my eyes. I'm hiding in my bathroom while a. man who I had encountered on a. dating app is banging kon my house. MMS 2:42 PM was Mm Co.? I Yep. been on the phone with I for IO minutes. Kortni Butterton MMS 2:4?1 PM MMS 2:4? PM Where's your gun?? How the he? does he know WAS 22?50 PM .I a" where you Kortni Butterton Ti?: with me 711. the C) H:z?l E?s?75: 75%- ng my life Hash A It's with me in the bathroom. I'm sure he searched online. 2:5! PM 253;?; Are the cops on the Way? Kortni ButtertOn He has been threatening women in the group who said anything about him. All I said was he was aggresswe. W5 No, they're backed up in the area she said 9?2: PM Is there anybody else that 2% PM you can call?? MMS Craig Lamp Holy shit! 2:53 PM fucking is at your house beating on it they're fucking 11:30 75%- ng my life flash A on it they're fucking WAS 25; PM backed Kortni Butterton WAS 2:53 PM Yup, apparently. I'm sure not all their fucking calls are that W5 serious 2:53 PM Is there somebody I can call for you? What about your coworker, Dave or whatever his name is MMS 2:54 PM Craig Lamp Okay stay on the line. Stay locked in the bathroom. If he gets in and tries to come through the bathroom door shoot that fucker through the door. You have ?ve shots in that gun W5 254 PM 0 H30 9 75%- ng mgtife Hash A I've teXteot co Workers near me and no response. I will absolutely shoot him. I turned the house alarm on. W5 Craig Lamp Cops need to get there asses over there now! if: MMS 2:55? PM GiVe me their numbers. .. Kortni Batterton Right! Any place I try to leave toWhere 5 theresa, kortni Butterton 1 MMS She at work Can you, set off your house alarm to try to scare the shit out of him? C) 11:30 9 75%- ng my life Hash A an you se 0 your house alarm to try to scare the shit out of him? And maybe alert your W5 neighbor question 2:56 PM Kortni Butterton I wish I had Bruce's number handy, but it's on the fridge. PM W5 Is that the neighbor? WW5 I '2 2:57 PM What his last name, . KortniButterton Yes Was 1 WW I don know 257W ?mi Can you Google him? Craig Lamp Good just keep I updated with everything you are hearing. Let them know 1, n9 my life flash A I eVerythiny you are hearing. Let them know you are armed if you haven?t already. ?31754 Kortni ButtertOn I've googleol him plenty PM MMS - 3:02 PM Your neighbor? Craig Lamp Are you hearing any more banging? ETA on police?? . Kortni Butterton it? Oh, no lol 3:02 PM MMS I 'm thinking maybe you 5 can get his number? Is your coworkers wife?s name Michelle Glass? I can call her and so she can get in touch with him Was - if you want me to? 0 11:3! 9 ng mytife Hash A Yes, but they aren't close to me WAS W5 It doesn't matter You know he'd be there as fast as he can WAS 5 5% How far they from you Craig Lamp The police should haVe been there by now this is upsetting. ?g PM It's Very upsetting was - 3:07 PM fucking scary? +I6I?q46gl7q K5 Unsavect 3205? PM 0 11:31! ng my life flash A Michelle's phone number at the top. I just called her she's calling her husband in a group of them were going out to dinner and she's going to have them head your way. Kortni, are you Respond. MMS MMS Kortni ButtertOn Cops are here W5 . Craig Lamp Kortni let us know if you can that you are okay. MMS Thank God. W5 . Kortni Butterton A couple neighbors just showed up too to search the premise. W5 . Craig Lamp Is he still around. Need to get your camera set MMS C) 11:3! 9 ng my life flash A Is he still around. Need to get your camera set MM5 3:16 PM Thank God! I was freaking out MMS Do you, want me to tell Michelle to have Eric not MM come now? Craig Lamp Yes he doesn't need to fly OVer there. Probably breaking some speed limits. W5 Kortni {Batterton MMS Eric IS me 3:,qu 0k good! Michelle said he'd probably still want to come check on you. 3:20 PM Ok giVe as a call after 5:30 our time please! MMS 3 :42 PM 0 9 ?Q?de-?ta?l ng my life flash A Craig Lamp Kortni so thankful you are okay. Just talked to mom about what happened. I will review some Ring cameras and doorbell tonight and let you know. Glad you have somewhere to stay tonight. This guy is obviously No need to take a chance. Love you very much and glad you had your gun I MMS you? 4:54 PM Kortni Butte-don Sounds good. I told Theresa to stay elsewhere too, offered Eric's place too. Yes, glad I had the intuition to take it out and keep - - Mm It With me. 15:02, PM 0 Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNW, TENNESSEE AT NASHVILLE CARL VONHARTMAN, ) ) Plaintifl ) ) v. ) Case No.: 20C740 ) KORTNI BUTTERTON, ) ) Defendant. ) AFFIDAVIT OF CRAIG LAMP 1. My name is Craig Lamp, I have personal knowledge of the facts affirmed in this Affidavit, I am competent to testify regarding them, and I swear under penalty of perjury that they are true. 2. On January 29th,2O2O, at 1448 hours (Pacific Standard Time), I received a group text message addressed to my wife, Benita Lamp, and myself from my stepdaughter, Kortni Lyn Butterton. The text message I received was as follows: "l'm seeing my life flash before my eyes. l'm hiding in my bathroom while a man who I had encountered on a dating app is banging on my house." 3. I learned through additional text messages that the male on the scene was someone that Kortni had never met but believed she recognized from the aforementioned dating app (app unknown to me). 4. Kortni said she is part of a closed Facebook group that warns other members of the group from bad dating experiences. She went on to say that she believed the male on location was someone that had been described to the group as "aggressive," and that he had previously threatened others in the group. 5. Kortni provided information that she was scared to the point that she armed herself with a handgun while locked inside the bathroom and armed her home security system. Her fear appeared to me to be entirely genuine. Kortni continued to provide updates to 911 over the approximately twenty-minute period she believed the male to be on location. 6. Nashville PD arrived at Kortni's residence approximately 30 minutes after the initiation of the 911 call and found no one on the scene. Kortni later contacted Benita and I over the telephone. While speaking with her, Kortnitold me the male subject repeatedly banged on the side of her house, frightening her. There is absolutely no reason that Kortni would lie to me about this. 7.I am a police officer with fifteen years of service and have investigated hundreds of assault and/or domestic violence related calls. During my conversation with Kortni, I observed a high level of fear in her voice indicative of a stressful event that in my experience was consistent with victims making assault and/or domestic violence related calls. 8. I believe that what transpired caused Kortni to reasonably fear for her personal safety in good faith. Further affiant sayeth not. Pursuant to Tenn. R. Civ. P.72,1declare under penalty of perjury that the foregoing is true and correct. u17 Craig Lamp { I Date Executed or I z- oz_a Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY" TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, V. KORTNI BUTTERTON, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 20C740 AFFIDAVIT OF THERESA RAWLEY 1. My name is Theresa Rawley, I have personal knowledge of the facts affirmed in this Affidavit,I am competent to testify.regarding them, and I swear under penalty of perjury that l- . ,· they are true. 2. Kortni Butterton, the Defendant in the above-captioned case� is my roommate. We reside together at 2717 Druid Dr., Nashville, TN 37210. 3. A couple of months ago, Kortni told me about a post that was posted in a private "Swipe Left" Facebook group for women and about how things were quickly escalating with numerous comments about a guy named "Carl Durden." Kortni had previously matched with Carl on a dating application called "Hinge," but she decided to unmatch him and did not go on a date with him. 4. Kortni mentioned that Carl had tried to reach out to her through social media afterward and was threatening to sue her. Kortni told me that she wasn't going to respond to him and bt'ocked him on social media in an effort to prev�nt him fr�m contacting her. 5. Kortni became increasingly worried that Carl might find out where we lived and come find her. 6. On January 29, 2020, I had to leave for work and asked Kortni if she would be okay at the house alone. At this point I should add that Kortni is a very strong independent woman. She always is going places by herself, traveling alone, and is extremely aware of her surroundings, so when I saw that she was fearful, I knew it was something big and not normal behavior for her. 7. Kortni said she would be okay and would let me know if she needed anything. 8. In the early afternoon on January 29, 2020, Kortni was texting me explaining that she had been in contact with the administrator of the Swipe Left Facebook group, and that Carl was yelling and had threatened to find out where the administrator worked and lived by the end of the day. 9. Kortni told me she did a Google search of her name and contacted all of the websites that had her information and requested for the information to be removed in order to prevent Carl from finding her. She told me that she was watching every car go by our house had her gun next to her for protection. She told me that she was okay but scared. 10. The next text I got from Kortni was around 4:45pm. Kortni told me that she believed Carl was at our house. She told me that she was on the phone with 911 and had locked herself in her bathroom with her gun. This was the first time after over a year of living with Kortni that she has ever called the police for anything. I knew it was a big deal because both of us come from law enforcement backgrounds and we don't fool around with 911 unless it is serious. 11. I asked Kortni if maybe it was a delivery service. She told me that she saw a dark-haired man in the window and believed it was Carl. Kortni and I are both single, so it would not likely be anybody else at the door, and whenever we have someone coming to the house, we let the other person know. We are very private, we don't have friends come over often, and we don't give out our address to people. 12. From her texts, I could tell Kortni was afraid for her life and did not even want to leave the bathroom to turn the alarm on or get the car keys to sound the alarm until she knew for sure the man was gone. 13. Kortni texted that the cops were backed up but that she was not going to hang up with them until someone came. 14. Kortni asked me to ask a neighbor to come by and check the house. I got ahold of a neighbor who said she would be there soon. 15. The next message I got was from the neighbor saying that she had arrived at our house, and by that time, the man had left. The police arrived shortly thereafter. 16. Kortni was extremely shaken up about the incident. She told me that she was too scared to sleep at the house, so she would be spending the night at a coworker's until she felt safe enough to come back. 17. I am not aware of any reason why Kortni would lie to me about what happened or her genuine fear that Carl was at our house trying to find her. Further affiant saveth not. Pursuant to Tenn. R. Civ. P. 72. I declare under penalty of perjury that the foregoing is true and correct. -r�� Theresa Rawley 2020 Date Executed Exhibit I IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plafnri?.? Case No.: 20C740 KORTNI BUTTERTON, Defendant. AFFIDAVIT OF MEGAN HASSALL 1. My name is Megan Hassall, I have personal knowledge of the facts af?rm ed in this Af?davit, I am competent to testify regarding them, and I swear that they are true. 2. On the afternoon of January 29*, 2020, I responded to a message on the l?th District Facebook Group. "the message was posted by Theresa Rawley and sought immediate help for her roommate, Kortni Butterton. 3. I saw the post go out in the late afternoon around 4:00 pm. [jumped in the car right away and headed over to the house described in the post. 4. I arrived and pulled over across the street. I stood looking from the street for a few minutes just to see ifI saw anyone on the premises. I didn?t see anyone at that time. Another neighbor pulled up at that time in a white SUV and we exchanged a few words and approached Kortni?s house together. We didn?t want to pound on the door, so we waited until she saw us and opened the front door, to approach her. 5. Kortni was hyperventilating, crying, and not speaking in complete sentences. She said she was on the phone with the police, so we whispered that wefll search the house. Page 1 of 2 6. The other neighbor and walked around the interior of Kortni?s house, opening closets, pulling back the shower curtain, etc. We then proceeded outside to see if we saw anyone in the back yard. The only thing we saw was something under a tarp under a car port- Scared of what it could be, we instead took a shovel that was near us and lohbed it over to the tarp to ensure it wasn?t a person. Nothing moved when the shovel hit it, so it did not appear to be a person nor did there appear to be anyone in the house. 7. After we ?nished walking the perimeter of the house outside the Metro Police arrived, just one female cop in one car initially. By the time we walked back around to the front door, Kortni and the of?cer were already talking. After hesitating a moment, we waved goodbye and decided to walk away because we didn?t want to interrupt the police work from happening. 8. As we were walking back to our ears, someone in a yellow sports car drove right at us and then swerved to miss us at the last minute. Shortly after that, another police car arrived, so we quickly told the of?cer about the yellow ear in case it was important. Thereafter, I and the other neighbor le?- Further af?ant sayeth not. Pursuant to Tenn. R. Civ. P. 7'2, I declare under penalty of per] my that the foregoing is true and correct. /1 wt ill iC; 10%: Date EXdcuted Page 2 of 2 Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY,TENNESSEE AT NASHVILLE CARL VONHARTMAN, ) ) Plaintiff, ) V. ) KORTNI BUTTERTON, ) CaseNo.: 20C740 ) Defendant. AFFIDAVIT OF RACHEL C. WELTY,ESQ. 1. My name is Rachel C. Weity, I have personal knowledge of the facts affirmed in this Affidavit, I am competent to testify regarding them, and I swear under penalty of perjury that they are true. 2. I am a licensed attorney in the State of Tennessee and have practiced family law since April 2007. 3. I routinely represent litigants in Order of Protection proceedings jand have advised hundreds of litigants about seeking an Order ofProtection. 4. On the 29^ day of January, 2020, I was contacted by Kortni Butterton, the I Defendant in Davidson County Circuit Court Case No.: 20C740, who was given my name and phone number by a mutual acquaintance, Melissa Ingram. 5. Ms. Butterton was afraid for her personal safety based on a recent incident that had occurred at her home earlier that afternoon, and she sought my legal assistance in a good faith effort to protect herself. 6. I communicated with Ms. Butterton shortly after the incident at her home to discuss Page 1 of4 what had occurred. 7. Ms. Butterton provided information about what had happened at her home earlier that afternoon, she told me about her interactions with Mr. Vonhartman prior to the incident, and she told me about Mr. Vonhartman?s recent threatening messages to Melissa Ingram. I also received and reviewed an Instagram message from Mr. Vonhartman to Ms. Butiterton prior to the incident at her home. 8. Ms. Butterton shared additional facts with me during a text message exchange on January 29, 2020. An accurate copy of my text message exchange with Ms. Butterton is attached to this Af?davit as Attachment 9. The material facts that I considered to be relevant to an order of protection that were both known to Ms. Butterton on January 29, 2020 and available to her through reasonable diligence at that time are the same facts that were ultimately set forth in her January 30, 2020 Petition for an Ex Parte Order of Protection in Davidson County General Sessions Court Case No. 200P250. 10. Based on the material facts that Ms. Butterton shared with me, I believed that the circumstances warranted an order of protection and that Ms. Butterton had probable cause .to believe that Mr. Vonhartman had stalked her. As this was a unique situation ihat had occurred between two people who had never met in person, however, I decided to reach out to a former Davidson County Assistant District Attorney over the phone, as well as a forum for female attorneys that included current Assistant District Attorneys, to get independent advice from other attorneys about whether Ms. Butterton had probable cause to petition for an order of protection against Mr. Vonhartman based on the facts available. 1 1. Every attorney I consulted con?rmed my analysis that based on what Ms. Butterton believed she had witnessed on January 29, 2020, and based on her previous interactions with Mr. Page 2 of 4 Vonhartman, Ms. Butterton had probable cause to petition for an order of protection against Mr. Vonhartman under the stalking subsection of Tennessee?s order of protection statute. 12. Additionally, every attorney I consulted stated that Ms. Butterton could go down and swear out a warrant for criminal harassment. Because Ms. Butterton was: solely seeking to protect herself from harm, however, she was not interested in pursuing criminal charges against Mr. Vonhartman. 13. Acting as her legal counsel, I advised Ms. Butterton to filel for an Order of Protection against Mr. Vonhartman, and I instructed her how to do so. Ms. Butterton took my advice and followed my instructions. I 14. Based on the legal advice that I provided her, Ms. Butterton petitioned for an order of protection against Mr. Vonhartman on January 30, 2020, and she was granted an ex parte order of protection based on her petition. 15. I continued to represent Ms. Butterton through her order of protection hearing. 16. During my phone call with Ms. Butterton on the 9th day of February, 2020, Ms. Butterton was shaken and scared. Those emotions were also evident during the Order of Protection hearing. I have represented hundreds of litigants in Order of Protection proceedings, and based on my experience, I believe that Ms. Butterton was genuinely scared of Mr. Vonhartman and thought he had come to her house and stalked her. 17. Based on the facts that were known to Ms. Butterton and reasonably available to her when she petitioned for an order of protection, I believe that Ms. Butterton acted in good faith in seeking protection from Mr. Vonhartman, that she had probable cause to petition for an order of protection, and I would provide her the same legal advice that I provided her again. Page 3 of 4 Further af?ant sayeth not. Pursuant to Tenn. R. Civ. P. 72, I declare ing is true and correct. te Executed Page 4 of 4 Attachment #1 9 wEPEu?uhnb migsg??aigx Wei .Imh?I- h?um .u LIE - Veeh I think they we wrung- ?rm can ard?1eenerderef pretectien. Let me the same digging wi?'t some ether attorney-e I Imus-r. I am sure. I'll be in tau-eh seen. 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OCHOOGUI mam I . AI . Eu. Eggu??m Eam?z?mEE?Emim E5 5.31:: :35 BO 0 Exhibit Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Petition for Orders of Protection You have filed for an Order of Protection which is a paper signed by a Night Court Commissioner or Judge to protect you from CARL ALBERT VONHARTMAN who has abused, stalked, sexually assaulted or threatened you. Most importantly, it can order CARL ALBERT VONHARTMAN to stay away from you and not harm you. The Temporary Protection Order DOES NOT go into full effect until CARL ALBERT VONHARTMAN has received notice of the Court’s signed order. The Temporary Protection Order WILL BE in full effect when the Sheriff’s office notifies you of the court date as that indicates that CARL ALBERT VONHARTMAN has received notice and at that point if he/she comes around you, threatens you or bothers you he/she can be arrested by the Police Department on the spot. YOUR ORDER OF PROTECTION CASE INFORMATION Service ID 226765 KORTNI BUTTERTON, Petitioner vs. CARL ALBERT VONHARTMAN, Respondent Your Order of Protection Case Number is: 20OP250 Your hearing for the Order of Protection will be located: JUSTICE A.A. BIRCH BUILDING 408 2ND AVENUE N. COURTROOM 4B @ 9:15am NASHVILLE, TN 37201 Court Date: The sheriff will call you with the court date once they have served the papers on the other party. You must come to this Court date. Order of Protection Contact Information: If you have questions about this Order of Protection or if you change your home address, work information or telephone number, you must call: GENERAL SESSIONS CLERK'S OFFICE - CIVIL DIVISION @ (615)862-5195. If you would like to talk to an advocate about the court process or resources to stay safe, please call the Jean Crowe Advocacy Center at 615-862-4767; website: http://advocacycenter.nashville.gov Revised 4/18/2018 Petition for Order of Protection To request an ADA accommodation, please contact Dart Gore at 880-3309. Docket No: 20OP250 Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Temporary Order of Protection (Ex Parte Order of Protection) Docket Number: 20OP250 DCSO#_________________________________ IN THE SESSIONS COURT OF DAVIDSON COUNTY, TENNESSEE Petitioner (person needing protection) KORTNI BUTTERTON Petitioner’s Name: First – Middle – Last (list child’s name if filed on behalf of person under 18 years old pursuant to T.C.A. §36-3-602) Petitioner is under 18 and the Petition was filed on behalf of an unemancipated person (someone under 18 years of age), pursuant to T.C.A. §36-3-602. The Petition was made by a law enforcement officer pursuant to T.C.A. §36-3-619 and Petitioner consented to the filing of this Petition by the law enforcement officer. Petitioner’s Child(ren) Under 18 Protected by this Order: Service ID 226765 Name DOB Relationship to Respondent Respondent’s Information (person you want to be protected from): Name: DOB: CARL ALBERT VONHARTMAN Home Address: 3808 LAKERIDGE RUN City, State Zip: NASHVILLE, TN 37214 Employer: Employer Phone: Describe Respondent: Sex Race BLK M W X 04/15/1984 Hair Eyes BRN Height- Weight- SSN- Other Height 6'1" Weight 200 Social Security # Provided to Clerk’s Office Scars/Special Features Phone Number 6157208092 Petitioner’s Relationship to the Respondent (Check all that apply): We are married or used to be married. We live together or used to live together We have a child together. We are dating, used to date, or have had sex. We are relatives, related by adoption, or Specify: are/were in-laws. We are the children of a person whose Specify: relationship is described above. The Respondent has stalked me The Respondent has sexually assaulted me. Other: Specify: The Court having reviewed the Petition for Temporary Order of Protection and finding, pursuant to T.C.A. §36-3-605(a), that Kortni Butterton, Petitioner, is under an immediate and present danger of abuse from Carl Albert Vonhartman, Respondent, and good cause appearing, the Court issues the following Warning Weapon Involved X Has or owns Weapon Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Orders to the Respondent:  Do not abuse, threaten to abuse, hurt or try to hurt, or frighten Kortni Butterton, Petitioner, and/or Petitioner’s minor child(ren) under 18.  Do not put Kortni Butterton, Petitioner, and/or Petitioner’s minor child(ren) under 18 in fear of being hurt or in fear of not being able to leave or get away.  Do not stalk or threaten to stalk Kortni Butterton, Petitioner, and/or Petitioner’s minor child(ren) under 18. X Do not come about Kortni Butterton, Petitioner, and/or Petitioner’s minor child(ren) protected by this Order  (including coming by or to a shared residence) for any purpose. X Do not contact Kortni Butterton, Petitioner, and/or Petitioner’s minor child(ren) protected by this Order, either  directly or indirectly, by phone, email, messages, mail or any other type of communication or contact.  If you and Kortni Butterton, Petitioner, shared a residence, you must immediately and temporarily vacate the residence shared with Kortni Butterton, Petitioner, pending a hearing on the matter.  If you and Kortni Butterton, Petitioner, shared a residence, you can obtain your clothing and personal effects such as medicine, as follows: (List process as approved by local law enforcement personnel) Service ID 226765 Carl Albert Vonhartman, Respondent, will be allowed one (1) opportunity to contact local law enforcement agency to escort or oversee Carl Albert Vonhartman, Respondent, obtaining his/her personal effects needed while the application is pending. If law enforcement, for any reason, is unable to accommodate Carl Albert Vonhartman, Respondent’s request, a third party may be designated by Carl Albert Vonhartman, Respondent, who will be allowed to pick up Carl Albert Vonhartman, Respondent’s clothing, medicine and other personal effects Carl Albert Vonhartman, Respondent will need until the final hearing on this application. X  You must not hurt, or threaten to hurt, any animals owned or kept by Kortni Butterton, Petitioner, or Petitioner‘s children.  Other orders: Do not commit or attempt to commit malicious damage to Kortni Butterton, Petitioner, and/or Petitioner’s child(ren)’s personal property.  Go to Court on (date): at 9:15am at (location): JUSTICE A.A. BIRCH BUILDING 408 2ND AVENUE N. COURTROOM 4B @ 9:15am NASHVILLE, TN 37201 You must obey these Orders until the date of the hearing or until changes are made by the Court. If you do not agree with these Orders, go to the Court hearing and tell the Court why. If you do not go, the Court can make orders against you. You have the right to bring your own lawyer. If you do not obey all orders on this form, you may be fined and sent to jail. Only the Court can change this Order. Neither you nor Kortni Butterton can agree to change this Order. Even if Kortni Butterton, Petitioner, tries to contact you or agrees to have contact with you, you must obey this Order. If you do not, you can be sent to jail for up to ten (10) days and fined up to $50 for each violation. (T.C.A. §36-3-610) IF YOU WANT TO TELL YOUR SIDE TO THE JUDGE, YOU MUST BE AT THE HEARING. IF YOU DO NOT COME TO THE HEARING, THE JUDGE WILL DECIDE BASED ONLY ON THE PETITIONER’S TESTIMONY. Date: 01.30.2020 Time: 1:37  a.m  X p.m Judicial Officer’s Signature Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk WARNINGS TO RESPONDENT: A copy of this Order will be sent to all law enforcement agencies where Petitioner resides AND any Court in which the Respondent and Petitioner are parties to an action. Any law enforcement officer who reasonably believes you have disobeyed this Order may arrest you. If you hurt or try to hurt anyone while this Order, probation or diversion is in effect, you may face separate charges for aggravated assault, a Class C felony. (T.C.A. §39-13-102(c)) Service ID 226765 Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk PROOF OF SERVICE: Docket Number: 20OP250 Proof of Service of Petition, Notice of Hearing and Temporary Order of Protection: CARL ALBERT VONHARTMAN, Respondent, was served on (date): by (check one): If the Petitioner is under 18 and service of these documents would not put him/her at risk, the Clerk will serve and fill out below. (T.C.A. §36-3-605(c)) at (time): U.S. Mail per T.C.A. §20-2-215 and §20-2-216 (The Respondent does not live in Tennessee.) I served the child’s parents with copies of the Petition, Notice of Hearing, and Temporary Order of Protection by personal delivery or U.S. Mail on: (date): at (address): ADDRESS ON FILE Not Found _______________________________ Clerk’s Signature: Personal Service:__________________________ Translator Requested-Language:___________________ Service ID 226765 ___________________________________ Server’s Signature ____________________________________________ Print Name Petitioner Notification Kortni Butterton, Petitioner, was notified of the service result on _________________, 20_____ at _________ a.m. / p.m. I was unable to reach Kortni Butterton, Petitioner, to give notification of the service result. The Clerk will attempt to give either verbal or written notification of the service result. Respondent Notification Carl Albert Vonhartman, Respondent, was notified of the issuance of the Temporary Order of Protection on _________________, 20_____ at _______ a.m. / p.m. by . Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Petition for Order of Protection and Order for Hearing IN THE SESSIONS COURT OF DAVIDSON COUNTY, TENNESSEE Docket Number: 20OP250 DCSO #___________________________ Petitioner’s Name (person needing protection) KORTNI BUTTERTON First – Middle – Last (list child’s name if filed on behalf of person under 18 years of age, pursuant to T.C.A. §36-3-602) Petitioner is under 18 and the Petition was filed on behalf of an unemancipated person (someone under 18 years of age), pursuant to T.C.A. §36-3-602. This request is being made by a law enforcement officer pursuant to T.C.A. §36-3-619. The person on whose behalf this Petition is filed consents in writing to the filing and signs here: _____________________________________________________________ **Petitioner’s Child(ren) Under 18 that Petitioner Believes are in Need of Protection: Service ID 226765 Name Date of Birth Relationship to Carl Albert Vonhartman,Respondent Respondent’s Information (person you want to be protected from): Name: CARL ALBERT VONHARTMAN Home Address: 3808 LAKERIDGE RUN City, State Zip: NASHVILLE, TN 37214 Work DESCRIBE RESPONDENT: Sex Race Hair BLK M W DOB: 04/15/1984 Work Phone: Eyes BRN Height- Weight- SSN- Other Height 6'1" Weight 200 Social Security # Provided to Clerk’s Office Scars/Special Features Phone 6157208092 1. What is Petitioner’s relationship to Respondent? (check all that apply): a. We are married or used to be married b. c. d. e. f. g. h. i. We live together or used to live together. We have a child together. We are dating, used to date, or have had sex. We are relatives, related by adoption, or are/were in-laws: We are the child(ren) of a person whose relationship is described above The Respondent has stalked me. The Respondent has sexually assaulted me. Other: X 2. List all child(ren) under 18 that you have: Y Check here if listing addresses would put you or your child(ren) in danger. If so, leave any spaces for addresses blank. Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Name of Child DOB Is Respondent Does child Child’s address the parent of need to be the child? protected from Respondent? No 3. Where else have the child(ren) (that you and Respondent have together) lived during the last six (6) months? Child(ren)’s previous addresses: Who did they live with at this address? 4. Other Court Cases – Is there any Court, other than this Court, in which the Respondent and Petitioner are parties to an action (including cases in which the parties have children in common)? Yes If “Yes,” fill out below: Service ID 226765 Court Name (including County) State Case # (if you know it) Kind of Case (Divorce / Domestic Violence / Criminal / Juvenile / Child Custody / Other (specify)) 5. Custody Rights – Does anyone besides you or the Respondent claim to have custody or visitation rights to the child(ren) that you and Respondent have together? Yes Name If Yes, who? Address 6. Describe Abuse – (use additional sheets of paper if necessary and attach to Petition) Describe abuse, stalking or assault (include, IF APPLICABLE, information about abuse or fear of abuse to your child(ren), personal property or animals) Where and when did this happen? Describe any weapons used. Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk I, Kortni Butterton, am seeking an order of protection against, Carl Albert Vonhartman, because I am fear for my safety. I met Carl on the dating app, Hinge, and we arranged to meet for a date. After I agreed to go to the date, I noticed Carl’s name was listed in a Facebook group that let’s women know if men are safe to date. When I saw that Carl was on there, I canceled my date with Carl. Carl was aggressive and invasive about why I wouldn’t go on a date, but eventually stopped contact after I unmatched him. Service ID 226765 On Tuesday, 1/28/2020, a woman in the group asked about Carl and I spoke up about my experience with him. Shortly after I spoke up in the Facebook group Carl began contacting me making threats to sue me for defamation of character if I continued to speak about him. Yesterday, 1/29/2020, at 4:30pm Carl showed up at my home banging on my door and looking through my windows. Carl saw me move through the window and ran around to the side of my house and continued to bang on my bedroom wall, ring my door bell, and bang on the door. This continued for about 20 minutes. I locked myself in the bathroom and turned on my alarm. I called 911 and the police arrived about 30 minutes later right after Carl left and I made a police report (200069474). I am terrified because I never gave Carl my address or any personal contact information. Carl has a history of aggression and has been arrested for aggressive charges. I was so afraid that I left my home and have not returned home. Carl has posted videos of him shooting a gun and participating in MMA fighting. I want Carl to stay away from me and have no contact with me. These statement are true and these events occurred in Nashville, Davidson County. I ask the Court to make the following Orders after the hearing: (check all that apply) 7. X No Contact Please order the Respondent to not contact: either directly or indirectly, by phone, email, messages, text messages, mail or any other type of communication or contact. 8. X X me children under 18 Stay Away Please order the Respondent to stay away from: X X X 9. X my home my workplace and/or from coming about me for any purpose Personal Conduct Please order the Respondent NOT to: X Cause intentional damage to my property or interfere with the utilities at my home. Hurt or threaten to hurt any animals that I/we own or keep. 10. Temporary Custody Please give me temporary custody of our children. 11. Child Support Please order the Respondent to pay reasonable child support. 12. Petitioner Support (If Married) Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk Please order the Respondent to pay reasonable spousal support. 13. Move-out / Provide Other Housing Please order the Respondent to(check one): Move out of our family home immediately, or Provide other suitable housing (if married). Check here if your home or lease is in the Respondent’s name only. If the parties share a residence, please allow the Respondent to obtain his/her clothing and personal effects such as medicine and other things he/she may need. 14. Counseling/Substance Abuse Programs Please order the Respondent to go to a certified batterers’ intervention program if one is available in the area, or a counseling program. 15. x No Firearms Service ID 226765 Please order the Respondent not to have, possess, transport, buy, receive, use, or in any other way get any firearm. List all types of firearms (pistol, rifle, etc.) that the Respondent owns, controls, or has access to and where the firearm(s) are located: 16. Animals / Pets Please give me custody and control of any animal owned, possessed, leased, kept or held by me, the Respondent, or the child(ren) listed above. 17. x Costs, Fees, and Litigation Taxes Please order the Respondent to pay all Court costs, lawyer fees, and taxes for this case. 18. Transfer the billing responsibility for and rights to wireless telephone number(s). Please issue an Order directing , a wireless telephone service provider, to transfer the billing responsibility for and rights to the wireless telephone number or numbers of Petitioner since Petitioner is not the account holder. Current account holder (name): Billing telephone number: New account holder (name): All telephone numbers to transfer to new account holder: Telephone No. (include area code): Telephone No. (include area code): Telephone No. (include area code): Telephone No. (include area code): No: No: No: No: If the Judge makes this Order, you will be financially responsible for the transferred wireless telephone number or numbers, including the monthly service costs and costs of any mobile device associated with the wireless telephone number or numbers. You may be responsible for other fees. You must contact the wireless service provider to find out what fees you will be responsible for and whether you are eligible for an account. 19. Other Orders: (General Relief) I also ask the Court to: 1. Make an immediate Temporary Order of Protection. (Ex-Parte Order of Protection) 2. Notify law enforcement in this county of that Order. 3. Serve the Respondent a copy of that Order and Notice of Hearing to take place within 15 days of service. Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk 4. Serve a copy of the Request, Notice of Hearing, and Temporary Order on the parents of the Petitioner (if the Petitioner is under 18 years of age) unless the Court finds that this would create a serious threat of serious harm to the Petitioner. [T.C.A. §36-3-605(c)] KORTNI BUTTERTON, Petitioner (or parent/legal guardian/caseworker) signs here in front of Notary/Clerk/Judicial Officer and swears that s/he believes the above information is true: X ,Petitioner Pursuant to T.C.A. §36-3-602, I declare that KORTNI true to the best of her/his knowledge. Date: 01/30/2020 BUTTERTON, Petitioner, has read this Petition, and swears it to be Sworn and subscribed before me, the undersigned authority, On this date: 01/30/2020 X Service ID 226765 Clerk / Official signs here Notice to the Respondent about Firearms If the Court grants Kortni Butterton, Petitioner’s request for a Protective Order:  You will not be able to have a firearm while this or any later Protective Order is in effect. You will have to transfer all firearms in your possession within forty-eight (48) hours to any person who is legally allowed to have them. 18 U.S.C. §922(g)(8), T.C.A. §36-3-606(g), T.C.A. §36-3-625.  You will not be allowed to buy a firearm until the Court says otherwise. Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk FINDING OF THE COURT: X Docket Number: 20OP250 The Court finds good cause and will issue a Temporary Order of Protection. See the attached Temporary Order of Protection for the Court’s orders and the scheduled Court date. The Court does not find good cause and denies a Temporary Order of Protection. The Court finds there is no immediate and present danger of abuse to the Petitioner and denies the Petitioner’s request for a Temporary Order of Protection. The Court will set the matter for hearing. ORDER FOR HEARING KORTNI BUTTERTON, Petitioner, and CARL ALBERT VONHARTMAN, Respondent, must go to Court and explain to the Judge why the Judge should or should not issue an Order of Protection against CARL ALBERT VONHARTMAN, Respondent. Service ID 226765 The hearing will take place in the following Court: JUSTICE A.A. BIRCH BUILDING 408 2ND AVENUE N. COURTROOM 4B @ 9:15am NASHVILLE, TN 37201 IF YOU NEED A TRANSLATOR FOR THE HEARING, IMMEDIATELY NOTIFY DART GORE AT (615) 880-3309. HEARING DATE: __________________________TIME: ___________________ __________________________________ Judge/Judicial Commissioner Proof of Service of Petition and Notice of Hearing: CARL ALBERT VONHARTMAN, Respondent, was served on (date): by (check one): at (time): a.m. p.m. ___________________________________ Date If the Petitioner is under 18 (and Petitioner is a social worker filing on behalf of a minor) and service of these documents would not put him/her at risk, the Clerk will serve and fill out below. (T.C.A. §36-3-605(c)) Personal Service:_________________________ U.S. Mail per T.C.A. §20-2-215 and §20-2-216 (The Respondent does not live in Tennessee.) Not Found ______________________________ Translator Requested-Language:__________________ ___________________________________ Server’s Signature I served the child’s parents with copies of the Petition, Notice of Hearing, and Temporary Order of Protection by personal delivery or U.S. Mail on: (date): at (address): ADDRESS ON FILE Clerk’s Signature: ____________________________________________ Print Name Petitioner Notification Kortni Butterton, Petitioner, was notified of the service result on _________________, 20_____ at _________ a.m. / p.m. I was unable to reach Kortni Butterton, Petitioner, to give notification of the service result. The Clerk will attempt to give either verbal or written notification of the service result. Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Copy EFILED 01/30/20 01:22 PM CASE NO. 20OP250 Richard R. Rooker, Clerk NCIC ORDER OF PROTECTION ENTRY FORM (Print) Information on person asking for the Order of Protection (Petitioner) KORTNI BUTTERTON 1. Petitioner's (Your) First Name 2. Middle Name 3. Last Name 4. Maiden Name F W 05/11/1991 5. Your Sex 6. Your Race 7. Your Date of Birth (Print) Information on the person (Respondent) that you (Petitioner) are in fear of and want to stay away from you. (Fill in all that is known) CARL ALBERT VONHARTMAN 8. Respondent’s First Name 9. Middle Name 10. Last Name 3808 LAKERIDGE RUN NASHVILLE 11. Address (number and street) Service ID 226765 04/15/1984 16. Date of Birth M 17. Sex 24. Type of Vehicle 29. License Plate No. 12. City W 6'1" 18. Race 19. Height 25. Year of Vehicle 30. State of Lic. Plate 200 TN 37214 0 13. State 14. Zip Code 15. Social Security Number BRN 20. Weight 21. Eyes 26. Make of Vehicle BLK 22. Hair 23. State of Birth (Place) 27. Color of Vehicle 31. Vehicle Identification Number Order of Protection Conditions: Must be filled in by Commissioner All Marked X Ex Parte Order Of Protection 34. _____: 35. Conditions: ____________________ (Put as many conditions that may apply) NC 37. Court Identifier: ___________________ (GS / CC / NC / JC) 28. Model of Vehicle 32. D.L. State 33. Drivers License Number 36. O.C.A. Court Number: 20OP250 (Origination Agency Case Number / Comp #) A Judge must fill out Order of Protection Conditions and Brady Law 38. BRD: __________. Must be Y for yes, N for no, or U for unknown. Yes means the person is disqualified from possessing, purchasing, or owning a firearm under Federal Law 18,USC 922. 39. _____: Order Of Protection _____: Non-Expiring Order Of Protection 40. Court Identifier: ___________________________ ( GC / CC / JC) 41. Date of Issue: ________________________________________ 42. Date of Expiration: _______________________________________ Research or Entry Section: 43. FBI Number: _____________________ 44. Miscellaneous Number/OCA: ______________________ 45. Skin: ________________________ 46. FBI Finger Print Classification: ______________________________ 47. Scars, Marks or Tattoos: _____________________________________ 48. _____: Enter "C" if the Respondent may be dangerous and caution is needed. 49. Miscellaneous Information: ___________________________ __________________________________________________________________________________________________________________________ 50. Date Order Served: _____________________ 51. Date Entered into NCIC: ___________________ 53. Serving Officer: _______________________________________ __________________________________________ 54. EMP #: _________________ 52. NCIC #: _______________________ 55. TCIC #: _______________________ _____________ _______________________ 56. Officer Giving Notice of the Order of Protection 57. Employee No. __________________________________________ _____________ _____________ 58. Sector / Shift _______________ 59. Contact Name for Validation of the Order of Protection 60. Employee No. 61. Date 62. Time (24 hour) Revised 04/18/2018 Docket No: 20OP250 To request an ADA accommodation, please contact Dart Gore at 880-3309. Exhibit EFILED 02/10/20 12:13 PM CASE NO. 200P250 Richard R. Rooker, Clerk Case the Clerk this in): 200 P250 Dismissal of Order of Protection El Petitioner is under 18 IN THE GENERAL SESSIONS COURT OF DAVIDSON COUNTY, TENNESSEE Petitioner (person needing protection) If Petitioner is under 18. insert child's name if filed on behalf of an unemancipated person {someone under 18 years of age). pursuant to T.C.A. ?36-3- 602. This Request is being made by_who is Echiid?s parent, or Uiegai guardian. or [33 caseworker, KORTNI BUTTERTON 05l11i1991 First Middte Last Suf?x DOB Petitioner?s Child(ren) Under 18 Protected by this Order: Name DOB Relationship to Respondent Respondent?s Information (person you want to be protected from) CARL ALBERT VONHARTMAN 0411 5i1984 First Middie Last Suffix DOB 3808 LAKERIDGE RUN NASHVILLE TN 37214 Street Address Street Address 2 City State Zip Respondent Empioyer Empio yer Address Emptoyer Phone Describe Respondent: Sex Race Hair Eyes Height Weight SSN Other Sex: Male Height: 6'1 Race: White Weight: 200 Hair: Black Social Security #2 Eyes: Brown Scars/Special Features: Petitioner's Relationship to the Respondent (Check all that apply): We are married or used to be married. We live together or used to live together. We have a child together. We are dating, used to date. or have had sex. We are relatives. related by adoption, or areiwere in-Iaws. (Specify): We are the children of a person whose relationship is described above (Specify): The respondent has stalked me. The respondent has sexually assaulted rne. Other: The Court Hereby Finds: The Court finds that the Petition is dismissed for one of the following reasons: . - This is a Court Order. 10i15i11 Order of Protection Page 1 EFILED 02/10/20 12:13 PM CASE NO. 200P250 Richard R. Rooker, Clerk 50 The Petitioner has dismissed the Petition. E1 The Petitioner did not show up for Court. The Petitioner did not prove the evidence in the Petition by a preponderance of the evidence. The Petitioner/Respondent has requested the Court to set aside the Order of Protection that was signed and entered on 20 El Other: The Court Further Finds, Regarding Costs: E1 By clear and convincing evidence. the Petitioner is not a domestic abuse victim, stalking victim or sexual assault victim and such determination is not based on the fact that the Petitioner requested that the Petition be dismissed, failed to attend the hearing or incorrectly filled out the Petition; $92 the Petitioner knew that the allegation of domestic abuse, stalking, or sexual assault was false at the time the Petition was filed. The Court Orders: El/?mat the Petition for the Order of Protection is dismissed. CI That the Order of Protection previously entered in this case is Set Aside and the Order of Protection is dismissed. mat the costs and litigation tax of this cause are not taxed to the Petitioner. That the costs and litigation tax of this cause are taxed to the Respondent, for which execution shall issue, if necessary. That the costs and litigation tax of this cause are taxed to the Petitioner for which execution shall issue if necessary ?"010? i Signatureef'Jud?g'?' Certificate of Service I hereby certify that a true and exact copy of the foregoing Order has been mailed to the gtitioner Respondent at th last known address. Deputy ?le Petitioner?s Signature Date: ?340? 20 /Respondent was present in Court This is a Court Order. . . 10H 51'11 Order of Protection Page 2 Exhibit M.P.D FORM 100 (Rev. 5-00) Incident Report Part 1 Incident 2. Related Incident Metropolitan Police Department Nashville, Tennessee ZONE CALEA 42.2.4, 82.2.1, 82.2.4 313 N/A 6. Incident Date/Time (From/To) 5. Report Date/Time DISPATCHED 01/29/2020 16:39 01/29/2020 17:37 Precinct 01/29/2020 16:39 - Apt No UNK 7. Reporting/Dispatched Location 2717 DRUID DR 2020-0069474 8333 N/A 3. Other Police Agency & Case Incident No. 4. Report Type 1. MPD Incident No. R.P.A. South Precinct City State TN Cross Street: 8. Address of Incident Same as Block No 7 Apt No City State Zip Code NASHVILLE TN 37210 2717 DRUID DR Cross Street: # 1 9. Offense CODE 10. Offense Description 11. Status 12. Location Type CODE 13C INTIMIDATION COMPLETED RESIDENCE, HOME 13. Weapon CODE (Enter up to 3) NONE 15. Hate Crime Suspected NO 16. Suspected Gang Activity NO Part 2 Victim No. 1 Same as Address of Incident (Block #8) N/A 16a. Terrorism Suspected NO 17. (For Burglary) Forced Entry 31. Victim Type 20. SSN UNK 22. Address of Victim Street BUTTERTON NEW UNK (Number) State Zip Code N/A E-Mail Address V NASHVILLE Cross Street 24. Race 25. Ethnicity White 29. Phone Numbers (State City Apt No UNK MNI UNK COURTNEY 21. Driver License N/A 2717 DRUID DR FEMALE 18. (For Burglary/Robbery) Home Invasion? If Hotel/Motel/rental Storage No. of Premises Entered 19. (Last, First, Middle Name or Business Name) Individual (18 and over) 23. Sex Zip Code 27. County Resident NON HISPANIC HM: TN 28. DOB 37210 UNK N/A Yes 29. Age 30 Cell/ Pager: WK: - N/A 31 (206) 714-9439 30. Victim of Offenses: 13C (Ref Block #9) 32. Local College Student? (If Yes, List Name of College/University) N/A 33. Employment MNI (Name) N/A (Address) (Apt No (Cross Street) (City) (State) (Zip Code) (Email Address) 34. Domestic Disturbance? N/A 35. Victim to Suspect 1 If Yes, Answer the Following Questions Was Order of Protection Violated? Was Victim taken to Safe Place? VONHARTMAN, CARL 36. Aggravated Assault/Homicide Circumstances 37. Negligent Manslaughter Were Children taken to Safe Place? Relationship VICTIM WAS ACQUAINTANCE 38. Justifiable Homicide Were Children Present During Incident? Years V Incident Report M.P.D. Form 100 Part 3 92. (Last, First, Middle Name) Suspect # 1 93. Address Alias VONHARTMAN Street Apt # UNK Cross Street: 98. Race MALE 107. Eyes Brown BROWN 108. Scars and Other Identifiers State Zip Code NASHVILLE TN 37214 100. DOB UNK 101. Age 35 04/15/1984 - 95. Phone No. UNK V UNK Yrs 104. Height 105. Weight ' " 6 2 lbs 200 109. Clothing NA 102. Suspected of Using Drugs 103. Status (Enter up to 2) AT LARGE Computer NONE (Enter Up To 3) 110. Vehicle Used (Year) City NON HISPANIC 106. Hair 96. Weapon/Tool 57639857 MNI 99. Ethnicity White Alcohol UNK 2020-0069474 94. SSN or Driver Lic. No. CARL 3808 LAKERIDGE RUN 97. Sex 1. M.P.D. Incident No.: 128. Page 2 of 4 None Seized (Make) (Model) Part 4 N/A Other Person # 1 41. Address Street (Style) (Color) 39. Other Person Type (Non-Victim) 40. (Last, First, Middle Name) Apt No. UNK MVI (If seized, complete Part 5, Motor Vehicle Section) City (License No.) 44. Sex State 45. Race 47. DOB UNK Zip Code 46. Age UNK 42. Place of Employment/School 48. Phone Yrs Numbers - Part 5 Property HM WK Cell/Pager 49. Victim/Suspect No. N/A Category (Other) 50. Cat CODE (Make) 52. Serial No. 54. Type CODE 56. Est $ Value 58. Stored By CODE 51. Property Description (Model) (Size) (Type) Owner Applied No. (Color) 53. QTY 55. Cond CODE 57. Date Recovered Condition CODE (Other) Recovered $Value Stored By (Other) (Yr) MNI Cross Street: 43. Status (State) UNK Incident Report M.P.D. Form 100 Part 6 Injury & Transport N/A 128. 1. M.P.D. Incident No.: Page 3 of 4 2020-0069474 85. Injured 86. "Injury" Code (Enter Up to 5) 87. Describe Injury 88. Medical Treatment 89. Transported By N/A 90. Examining Physician 91. Status Part 7 Search By Officer Part 8 Other N/A Units Requested N/A 111. Search Type 112. Searched Location (Address, Area, Etc.) 113.I.D. Section Called To Scene: Yes, for: Photos Prints Other Firearms DNA Other: Brass Casings 114.Other Units Called: Part 10 Narrative 120. I RESPONDED TO A RESIDENCE FOR A INTIMIDATION CALL. THE VICTIM MET THE SUSPECT ON A DATING APP. THE VICTIM IS APART OF A DIFFERENT WEBSITE THAT ALLOWS WOMEN TO EXPRESS OPINIONS ABOUT MEN THEY SHOULD NOT DATE. THE VICTIM SAW POSTS ABOUT THE SUSPECT ADVISING HE IS ABUSIVE TO WOMEN AND SHE STOPPED TALKING TO HIM. THE SUSPECT SHOWED UP AT THE VICTIMS HOUSE AND BEGAN BEATING ON HER DOOR FOR APPROXIMATELY 20 MINUTES. THE VICTIM STATED SHE HAS NEVER TOLD THE SUSPECT WHERE SHE LIVES. SHE WAS VERY UPSET AND IN FEAR. THE SUSPECT LEFT BEFORE OFFICER ARRIVED TO THE SCENE. 121. Report is Continued on: (Check all that apply) N/A 122. Signature of Recipient/Authorizer: N/A Refuse to Sign Supplement Report Addendum Report 126. Advisory Notice Issued BUTTERTON, COURTNEY Victim 1 Citizen Information Notice Will Victim Prosecute: Victim 1 BUTTERTON, COURTNEY Yes Primary Investigative Unit: SOUTH INVESTIGATIONS Can Victim/Other Person Identify Suspect(s): Victim 1 BUTTERTON, COURTNEY 127. Case Status Yes Reporting Agency: METROPOLITAN NASHVILLE POLICE DEPARTMENT Cleared by Exception Cargo Theft Open 123. Reporting Officer (First, MI, Last) Employee No. Agency Radio Call Sign District /S/CIARRA RENCH 256384 TN0190100 311B 124. Approving Supervisor Employee No. Agency /S/CHASE BURNETT 717625 TN0190100 125. Reviewer Employee No. Agency Date /S/JAMES MARTIN 266974 TN0190100 01/29/2020 Incident Report M.P.D. Form 100 Comments Crime Scene Photo(s) Taken: NO 128. 1. M.P.D. Incident No.: Page 4 of 4 2020-0069474 Exhibit IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY,TENNESSEE AT NASHVILLE CARL VONHARTMAN, ) ) ) Plaintiff, ) V. ) ) ) ) CaseNo.:20C740 \ KORTNI BUTTERTON, Defendant. AFFIDAVIT OF MICHELLE GLASS 1. My name is Michelle Glass,I have personal knowledge ofthe facts affirmed in this Affidavit, I am competent to testify regarding them,and I swear that they are true. 2. On the afternoon ofJanuary 29^ 2020,1 received a call from Benita Lamp,Kortni Butterton's mother. She asked me how far my husband and I lived from Kortni, and she indicated that Kortni had locked herself in her bathroom because a man was banging on her doors and windows. 3. Mrs.Lamp indicated that Kortni was texting her while she was on the line with 911. Mrs.Lamp was understandably panicked for her daughter's safety and indicated that it was taking an extremely long time for the police to respond. Mrs. Lamp indicated that Kortni believed the man was a person that Kortni had commented about online. 4. I told Mrs. Lamp that we did not live close to Kortni, but that I would call my husband and have him go to her house. 5. After reaching my husband, I told Mrs. Lamp that he was on his way to Kortni, but due to traffic, it would probably take him about half an hour to arrive. My recollection is that Page 1 of2 during that conversation, Mrs. Lamp received a message from Kortni that the police had arrived. 6. By the time my husband arrived, the police had left. 7. Because Kortni was scared to stay at her home, my husband and I offered to let her come back to ours and spend the night with us. Kortni accepted and did so. Further af?ant sayeth not. Pursuant to Tenn. R. Civ. P. 72, I declare under penalty of perjury that the foregoing is true and correct. MicheW Wei/90 Date ?xecul?d Page 2 of 2 Exhibit 0 404 James Robertson Parkway Parkway Towers Suite 102 Nashville, TN 37219 P: 615.353.1135 WWW.CYBERTRUTH.NET IN THE FIFTH CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE CARL VONHARTMAN, Plaintiff, v. KORTNI BUTTERTON Defendant. ) ) ) ) ) ) ) CASE No. 20C740 AFFIDAVIT OF JOHN H. MORRIS CYBERTRUTH, LLC The information herein is provided by John H. Morris, CyberTruth, LLC (“Consultant”) in his capacity as an expert consultant hired by the Plaintiff in this divorce action. I, John H. Morris, declare and state under penalty of perjury as follows: 1. I am a recognized expert in the field of digital forensics and the CEO and Chief Legal Strategist for CyberTruth, LLC. 2. I have over thirty (35) years of experience with digital data, devices, systems and radio communications technologies. (See Exhibit 1: Curriculum Vitae) 3. I am proficient with X-Ways Forensics digital forensic analysis software, Belkasoft Evidence Center forensics analysis software, Oxygen Forensic Detective mobile device forensic analysis software and Magnet Axiom digital forensic software, as well as numerous ancillary forensic tools. 4. I am an attorney licensed in the State of Tennessee and accepted to practice before the United States District Court for the Middle District of Tennessee. 5. I have conducted analysis, submitted reports and provided expert testimony in numerous cases in Tennessee and multiple other states in both State and Federal Courts. 6. CyberTruth, LLC has provided analysis of and testimony on digital evidence in cases involving: cell phone data; cell provider call detail records and tower data; computer and related device data; cloud storage data; social media; internet technologies and traffic; digital photos and videos; and other miscellaneous digital evidence. 7. On April 14, 2020, Daniel Horwitz representing Kortni Butterton, requested our services to provide expert analysis and opinions regarding an expert report filed by the plaintiff which alleged certain location data obtained from plaintiff’s phone. 8. I have received and reviewed the expert report prepared by Donnie Tennant, a Digital Forensic Investigator with LogicForce in Nashville, TN. 9. The results of my review of this report are detailed in Exhibit 2 attached to this affidavit. Pursuant to Tennessee Rule of Civil Procedure 72, I declare under penalty of perjury that the information provided in this statement and attached exhibits are true and correct. John H. Morris, Esq._ John H. Morris _ April 15, 2020_______ Date Executed EXHIBIT 1 Curriculum Vitae – John H. Morris Summary ▪ Over 35 years of experience in technology, including: code development; hardware troubleshooting and builds; database development, design, optimization and architecture; systems analysis; local and internet security; global enterprise systems architecture and analysis; internet architecture; cloud computing architecture, design and deployment; systems and device security; computer, mobile device and internet forensics; and mobile device architecture, integration and deployment. ▪ Over 20 years’ experience delivering technical and professional skills training and public speaking engagements. ▪ Experience in Computer Forensic and Media Exploitation. Sound knowledge of principles and technology related to digital forensic science. Proficient with X-Ways Forensics digital forensic analysis software, Oxygen Forensic Detective mobile device forensic analysis software and Magnet Axiom digital forensic software, as well as numerous ancillary forensic tools. ▪ First acknowledged as Computer Forensics expert witness in the Division II Criminal Court of Davidson County, Tennessee in 2015. ▪ Has served as an eForensics expert in State and Federal Courts in Tennessee and multiple other states in over 140 cases. ▪ Microsoft Certified trainer (inactive) in over 20 areas including operating systems, user applications, internet technologies and database development and design. ▪ Deep expertise in Cloud technologies and strategies at an enterprise and global level. ▪ Considerable experience in technology licensing, contracting and intellectual property issues. ▪ Extensive military training in communications equipment and radio communications theory. ▪ Juris Doctorate from the Nashville School of Law. Relevant Experience Nashville Vanguard Law, PLLC June 2017 – Present Private Practice – Criminal Defense Attorney Middle District of Tennessee CJA 2nd Chair Panel Attorney CyberTruth, LLC (Formerly: Tech-eLaw, LLC) July 2015 – Present Computer, Device and Internet Technologies – eForensics Analyst, Consultant and Expert Witness ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Qualified as expert and testified in Tennessee Criminal Circuit Courts in Davidson, Giles and Rutherford counties. Accepted as non-testifying expert in multiple Tennessee courts, providing expert reports and assistance in both criminal and civil cases in Davidson, Shelby, Knox, Rutherford, Hickman, Putnam, Giles, Obion and Marion counties. Approved by the Tennessee Administrative Office of the Courts for expert services and compensation in indigent defense representation. Responsible for conducting sound computer forensic analysis and maintaining strict media chain of custody using protocols and procedures in line with established state and federal legal guidelines and the Rules of Evidence. Acquire and preserve forensically sound images of digital media in a lab setting or through onsite data capture or seizure. This involves creating byte-by-byte forensic copies of original media for legal and investigative purposes. Perform analysis of digital data, cellular call detail records, GPS data, Cloud services data, Social Media data, digital video and audio recordings and other data which exists in the digital arena. Perform data recovery of information on digital media that may have been deleted or destroyed for analysis during an eForensics investigation. Conduct analysis of electronic media in support of client’s legal representation and report on findings in “non-technical” reports designed specifically for a legal audience. Provide expert testimony in legal hearings, depositions and trials. Accepted as testifying expert witness in multiple Tennessee state courts. Public Defender of Metropolitan Nashville & Davidson County Mar 2015 – May 2017 Student Law Practice TN Supreme Ct. Rule 7 §10.03 ▪ Provide legal services and representation under the supervision of licensed attorneys of the Office of the Public Defender. ▪ In-house expert in computer technology, forensics, internet technologies and related areas. Microsoft Corporation Nov 1997 – Oct 2004 / Jan 2008 – October 2015 Senior Productivity Solution Specialist – Cloud, Heartland District ▪ ▪ ▪ ▪ The Productivity Solution Specialist at Microsoft is part of a specialized team of sales professionals responsible for driving the business alignment and productivity solution message with Line of Business owners at the largest enterprise customers Recognized as a thought leader in creating and delivering contextualized business and technology vision to customers based on their stated desired outcomes and measurable value realization Deep understanding of customers’ environments and a comprehensive strategic plan for migrating them to cloud solutions platforms integrated with their existing technology investments and best-of-breed point solutions. Team lead on eDiscovery, eHold and Litigation support solutions with additional focus on governance, document retention and data loss prevention solutions Director, Cloud Solutions (SSSP), East Region ▪ ▪ Responsible for managing the Cloud Services consulting and deployment in the region’s “big deal” sales business for Microsoft’s East Region ranging from Maine to Florida. Developed a strong model for alignment across consulting services and enterprise sales resources throughout the region in conjunction with the regional pursuit team. Cloud Delivery Executive - Strategist, Americas Cloud Services ▪ ▪ The Cloud Delivery Executive (Cloud Strategist) at Microsoft is a single point of accountability responsible for partnering with customers to help them develop their cloud strategy vision, ensure they make informed decisions to provide maximum long-term flexibility and oversee their deployment of and migration to their cloud solution. Invited to be an Instructor at the Cloud Delivery Executive Academy. Engagement Manager (State & Local Government and Education) ▪ ▪ The Engagement Manager at Microsoft is responsible for consulting delivery across all service lines and solutions. o The engagement manager is responsible for leading consulting services engagements from early opportunity management through scoping and contract development and culminating with successful engagement delivery. o Held responsible for accurate project scoping, contract and scope of work development, project margins and customer satisfaction. Invited to join the cadre in training the Engage and Achieve courses at MSSU for teaching new-hire Engagement Managers and Services Sales Executives in sales and delivery management. Professional Skills Master Facilitator (Vendor/Contingent) ▪ ▪ ▪ Facilitator for Consulting End to End (Solutions Delivery Methodology/ Microsoft Solutions Framework) and Services Excellence at Microsoft (consulting and soft skills) for MS Services University and for Microsoft Global Services – India. Consistently received awards as a top trainer at Microsoft. Trained Consultants, Engagement Managers, Architects, Services Executives, Project Managers, Technical Account Managers & Premier Field Engineers in preparation for their role at Microsoft with superlative success and top evaluations. Corporate Account Executive III ▪ ▪ Deep expertise in software licensing, software procurement process and contracting. Identified leader in executive and business decision maker relationships – proven ability to initiate business value discussions and map those to product solutions. Managing Consultant ▪ ▪ Responsible for the overall P&L of the Great Lakes District corporate accounts services consulting business, including team expense budgets, project margin and overall practice profitability Managed a select partner channel to incorporate product and services integration and partner involvement in the corporate accounts segment Senior Consultant ▪ ▪ ▪ ▪ Consistent record of success managing a diverse range of mission critical, highly visible and challenging engagements Regularly achieved top levels of customer satisfaction – often requested by name for follow-on engagements Actively involved with consulting team as technical resource and mentor Microsoft Consulting Framework – Master Trainer Council New Horizons Computer Learning Center Technical Training Manager Apr 1995 – Oct 1997 ▪ • • Responsible for the supervision, professional development and training of instructors who taught advanced Microsoft, Novell and related technologies. Worked with Branch Manager to develop training offerings, future capabilities and delivery capacity. Taught numerous Microsoft Certification technology courses. Telco Research Technical Training Instructor May 1994 – Mar 1995 ▪ Taught Telco Research customers on the deployment, management and use of their telecommunications management software. ▪ Developed new courseware, delivery materials and related collateral. U.S. Air Force Tactical Air Command and Control Specialist Nov 1985 – Nov 1991 ▪ ▪ Extensive training on and experience with man-portable, vehicle-mounted, and fieldexpedient communications equipment, implementation and theory. Trained in weapons and fieldcraft, including navigation, individual and crew-served weapons systems, small unit tactics, demolitions, and close air support tactics, techniques, and procedures. Speaking/Teaching Engagements Electronic Discovery Nashville School of Law – Course Co-Instructor, Nashville, TN – Nov 2019 – Feb 2020 Digital Forensics in the eDiscovery World Tennessee Bar Association – LawTech Forum, Nashville, TN – Feb 2020 Digital Forensics for Lawyers Tuscaloosa County Defense Bar CLE, Tuscaloosa, AL – Dec 2019 Digital Forensics for Private Investigators TN Assoc. of Licensed Professional Investigators Conference, Nashville, TN – Oct 2019 Introduction to eDiscovery Nashville School of Law CLE, Nashville, TN – Jul 2019 Challenging Cell Tower Evidence in Criminal Defense Cases Upper Cumberland Trial Lawyers CLE, Cookeville, TN – Dec 2018 Cell Phone Tower Evidence: Ins and Outs of Cross-Examining Government Witnesses Middle District of TN Criminal Justice Act Panel CLE, Nashville, TN – Sept 2018 Overview of Digital Forensics in Criminal Defense Middle District of TN Criminal Justice Act Panel CLE, Nashville, TN – Jun 2018 Introduction to Digital Forensics Evidence Tennessee Association of Criminal Defense Lawyers CLE, Lebanon, TN – Dec 2017 Education Nashville School of Law, JD, December 2016. Trial Lawyers College, Dubois, Wyoming: In Defense of the Damned, June 2018 Tennessee Association of Criminal Defense Lawyers, Advanced Trial College, September 2017 Tennessee Association of Criminal Defense Lawyers, Tennessee Criminal Defense College, March 2017 Vanderbilt University Graduate School, Doctoral Studies, Cognitive Psychology (July 1992 – June 1994) St. Leo College, BA, Psychology (Honors) – (Degree conferred - December 1991) Tennessee Supreme Court Rule 31 Civil Mediator (2015) Microsoft Technology Certification Training ▪ ▪ ▪ ▪ ▪ ▪ Numerous courses completed and certifications (transcript available on request) Microsoft Solutions Framework – Master Trainer Microsoft Certified Database Administrator Microsoft Certified Systems Engineer Microsoft Certified Professional Microsoft Certified Trainer (inactive) EXHIBIT 2 ANALYSIS REPORT: According to the report I was provided, Donnie Tennant with LogicForce obtained a forensic image of Mr. Vonhartman’s iPhone X on February 23, 2020 and provided his analysis based on that forensic image. In his report, Mr. Tennant references certain location data he recovered from the cell phone to establish Mr. Vonhartman’s location during the period of 2:14 PM to 7:17 PM on January 29, 2020. Mr. Horwitz requested that I review this report for accuracy and determine if the conclusions presented therein were accurate and in accordance with industry standards and best practices. My review of the report raised a number of questions and revealed a number of concerns about the examiner’s procedures, processes and conclusions which render the report potentially unreliable for the Court to accept without further analysis and investigation. These concerns are detailed below. 1. Analysis Tool In his report, Mr. Tennant fails to identify which tool he used to image and analyze the cell phone. This is particularly problematic, as there are numerous forensics tools used to analyze cell phones and each has strengths and shortcomings. A fundamental industry standard is to first identify the tool(s) used by the examiner to accomplish the analysis, including the tool name and version, as these tools are constantly updated to keep up with rapidly changing cell phone technologies. Given Mr. Tennant’s certifications, I worked under the assumption that he used Cellebrite as his analysis tool. However, without further information, I cannot know what version/revision of Cellebrite he may have used. Given that the iPhone X is one of the newest iPhones on the market, the version of Cellebrite used would impact the veracity of the results and the comprehensiveness of digital artifacts recovered. The absence of this basic information renders the report provided to the Court as incomplete at best. 2. iPhone Software Version Similar to the analysis tool version, a vital missing piece of information in Mr. Tennant’s report is the current iOS operating system version running on Mr. Vonhartman’s phone. Cell phone operating system software is updated on a regular basis. Each version introduces new features and often change the location of or format of key underlying operating system components. Industry standard best practices are to include the current operating system version information of the target cell phone as part of the forensic report. The absence of this information renders the report incomplete and unreliable. 3. Time Zone Cell phones and cellular providers store date/time information in Universal Coordinated Time (UTC) which is the reference time from which all time zones are calculated. This allows the cell phone handset to adjust the time displayed to the user to adjust as the phone travels between time zones and avoids confusion when analyzing date/time data. Mr. Tennant’s report indicates in the first line of Exhibit 2: “iPhone summary timeline for 01/29/2020 from 2:14pm7:17pm Central.” However, absent an explicit reference to the data “as stored” and without addressing how time conversions were accomplished, I cannot know if the examiner did the required conversions or if he made an incorrect assumption that the times reported in his phone extraction were in local or Central time. Given the nature of the issues in this case, whether the times reported were in Central (local) time or six (6) hours earlier, as they would be if they were UTC times, is critical to the veracity of the report and claims therein. 4. Cell Phone Location Data Sources Mr. Tennant’s report depends entirely on location data stored in the Apple “Significant Locations” data store. Apple devices track the phone’s location and keeps a record of the user’s “frequent hangouts” – aka “significant locations,” and uses this data to make locationbased suggestions using Siri and to power other features. This data is only stored on the phone and is, according to Apple documentation, not collected by Apple or uploaded to the cloud. On the phone, the data from the “significant locations” process are stored in binary “plists” or preference files and in SQLite databases under the following folder location: /private/var/mobile/library/Caches/com.apple.routined/ While the “significant locations” data store is one option on an iPhone to extract location data, it is neither the only one nor is it, in isolation, the most reliable. Cell phones, both iPhones and Android phones, collect location information with numerous services and applications. Industry standard best practices are to utilize multiple sources to validate cellular location data. Cross-validation of location data is best accomplished by comparing location data from the multiple on-device sources, which ALL depend on the onboard GPS service, with call detail records from the cellular provider. Absence of this cross-validation data renders the instant report incomplete at best and not sufficiently reliable for the Court to use as a basis for its determinations in this matter. 5. Placing the User with the Device One of the greatest challenges in analyzing digital device evidence can often be that of placing the user with the device, and thus the user in the location where the device was reportedly located. This challenge is often easily overcome by analyzing additional evidence on the phone, such as call history, text history and other artifacts which can be used to validate that the user was in possession of the device at a relevant time. In Mr. Tennant’s report, there is no evidence presented to verify that Mr. Vonhartman was in possession of his cell phone at the relevant times. Without any data to verify that Mr. Vonhartman was in possession of his phone, the data presented, if taken at face-value and as valid, would only serve to show that the cell phone was in the reported locations at the reported times. In absence of this validating information, the forensic report is incomplete at best and is not sufficiently reliable for the Court to use as a basis for Mr. Vonhartman’s claims. 6. GPS Location “Spoofing” While technology, and particularly the GPS location service, is highly reliable, it is not immune to manipulation. The popularity of the cellular game “Pokemon Go” has led to just such a manipulation of GPS location data. The Pokemon Go application is heavily dependent on the phone’s present location which affect the availability of nearby “Pokemons” which are the subject of this “treasure hunter” game. Due to this, many people use Pokemon Go “spoofing” applications to change their apparent location to make more “Pokemons” available to them without ever having to leave their homes. Some of these “spoofing” applications require a sophisticated “jailbreak” of the iPhone to bypass the iPhone’s operating system. Others, however, are simply applications that can be installed by the average user and used to change their apparent GPS location. Some of these applications, such as iSpoofer from GFStudio and iTools from ThinkSky function to change the GPS location information globally, meaning the spoofed information is not just reported to the Pokemon Go application but rather to any applications or services which rely on GPS location data. Mr. Tennant’s report did not provide sufficient information to determine whether the GPS data reported to the “significant locations” service was valid or potentially spoofed. The report asks this Court to blindly rely on the location data provided without sufficient authentication or validation. The failure to validate the reported GPS location data renders the report unreliable and inadmissible without considerable further analysis. CONCLUSION: The cell phone analysis report provided by LogicForce in this case is fatally incomplete and unreliable. As discussed herein, there are numerous fatal inadequacies and omissions in the report. Use of Mr. Vonhartman’s cell phone as evidence that he was elsewhere when Ms. Butterton accuses him of being at her home would require substantial additional analysis, both to validate the information provided and to show that Mr. Vonhartman had the phone in his possession at the relevant times. For all of these reasons, it is my expert opinion that the Court should not and cannot accept the report as reliable evidence in this case as presented. Respectfully submitted, John H. Morris, Esq. CEO Chief Legal Strategist Forensicator 404 James Robertson Parkway Suite 102 Nashville, TN 37219 P: 615.353.1135 F: 615.679.9520 C: 615.618.2282 WWW.CYBERTRUTH.NET Exhibit FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Table of Contents Subject Information ............................................................................................................................................. 2 Potential Subject Photos (None Found) ............................................................................................................ 2 Possible Criminal Records (12 Found) .............................................................................................................. 2 Possible Employers (1 Found) ......................................................................................................................... 11 Address Summary (15 Found).......................................................................................................................... 11 Address Details (15 Found) .............................................................................................................................. 11 Cities History (9 Found) .................................................................................................................................... 14 Counties History (7 Found)............................................................................................................................... 14 Driver's License Information (6 Found) ........................................................................................................... 14 Utilities (8 Found) .............................................................................................................................................. 16 Professional Affiliations (None Found) ........................................................................................................... 18 Professional Licenses (None Found) .............................................................................................................. 18 Bankruptcy Records (None Found) ................................................................................................................. 18 Liens (None Found) ........................................................................................................................................... 18 Judgments (None Found) ................................................................................................................................. 18 Current Property Deeds (1 Found) ................................................................................................................... 18 Past Property Deeds (None Found) ................................................................................................................. 20 Property Foreclosures (None Found) .............................................................................................................. 20 Property Assessments (1 Found) .................................................................................................................... 20 Evictions (None Found) .................................................................................................................................... 27 Current Vehicle Information (2 Found) ............................................................................................................ 27 Past Vehicle Information (2 Found) ................................................................................................................. 31 FL Accidents (2 Found) ..................................................................................................................................... 37 Global Watch Lists (None Found) .................................................................................................................... 41 US Business Affiliations (1 Found) .................................................................................................................. 41 UCC Filings (None Found) ................................................................................................................................ 41 US Corporate Affiliations (1 Found)................................................................................................................. 41 Aircraft Records (None Found) ........................................................................................................................ 41 Pilot Licenses (None Found) ............................................................................................................................ 41 Voter Registrations (1 Found) .......................................................................................................................... 41 Hunting Permits (None Found)......................................................................................................................... 42 Weapon Permits (None Found) ........................................................................................................................ 42 Possible Relatives - Summary (29 Found) ...................................................................................................... 42 Likely Associates - Summary (12 Found)........................................................................................................ 42 Possible Associates - Summary (30 Found) ................................................................................................... 43 Neighbor Phones (30 Found)............................................................................................................................ 43 Page 1 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Important: ONLINE REPORT This is NOT a CONSUMER REPORT and does not constitute a "consumer report" under the Fair Credit Reporting Act ("FCRA"). This report may not be used to determine the eligibility for credit, insurance, employment or any other purpose regulated under the FCRA. This system may be used only in accordance with your Subscriber Agreement, the Gramm-Leach-Bliley Act ("GLBA"), the Driver's Privacy Protection Act ("DPPA") and all other applicable laws. User agrees to having knowledge of all applicable laws pertaining to the usage of data. User accepts all responsibility civilly and criminally for any use of this system. Violations of these restrictions or misuse of this system will cause your access to be terminated and will cause an immediate investigation. Comprehensive Report Comprehensive Report Date: 04/02/2020 Reference ID: NONE Report Legend - Deceased Person Subject Information (Best Information for Subject) Name: CARL ALBERT VONHARTMAN (11/01/20 00 to 09/06/2019) Date of Birth: 04/15/1984, Born 35 years ago Gender: Male SSN: 594-62-XXXX issued in FLORIDA in 1988 Other Individuals Observed with shared SSN: PATRICIA VENECIA CABREJA 594-62-XXXX 06/09/1972 (47) Relatives > - 1st Degree of Separation >> - 2nd Degree of Separation >>> - 3rd Degree of Separation Indicators Other Names Associated with Subject None found Other DOBs Associated with Subject Date of Birth: 06/18/1975 Current Age: 44 Date of Birth: 05/15 Possible Phones Associated with Subject: (615) 720-8092 (CT) (Mobile) (91%) (615) 612-9926 (CT) (Mobile) (86%) (352) 598-7335 (ET) (Mobile) (66%) (352) 357-2020 (ET) (LandLine) (66%) (352) 978-9568 (ET) (Mobile) (66%) (615) 775-8342 (CT) (Mobile) (66%) (715) 720-8092 (CT) (LandLine) (66%) (406) 896-0466 (MT) (LandLine) (66%) (407) 432-6620 (ET) (Mobile) (3%) (615) 957-4700 (CT) (Mobile) (3%) (612) 992-9926 (222) 720-8092 Potential Subject Photos (None Found) Possible Criminal Records (12 Found) Page 2 of 46 04/02/2020 Bankruptcies: No Liens: No Judgments: No Properties: Yes Corporate Affiliations: Yes Criminal/Traffic: Yes Global Watch Lists Match: No Email Addresses Associated with Subject carlvonhartman@gmail.com theonlycarl@gmail.com zr2head1@aol.com storminorman1@aol.com FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: TENNESSEE DAVIDSON COUNTY ARRESTS Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Crime Details - TN OffenseDescription1: IMPLIED CONSENT - CIVIL OffenseCode: 55-10-406 Disposition: PENDING Arrest Date: 10/12/2012 Crime Details - TN OffenseDescription1: DRIVING UNDER THE INFLUENCE Classification: MISDEMEANOR OffenseCode: 55-10-401*1 Disposition: PENDING Arrest Date: 10/12/2012 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Is Sex Offender: No Source Name: TENNESSEE DAVIDSON COUNTY GENERAL SESSIONS COURT Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match State Matched Not Available On Record Not Available On Record Crime Details - TENNESSEE DAVIDSON, TN OffenseDescription1: VIOL. COND. LIC Case Number: GS371699 Crime County: TENNESSEE DAVIDSON Court: GENERAL SESSIONS Disposition: DISMISSED Crime Details - TENNESSEE DAVIDSON, TN OffenseDescription1: RECK. DR Case Number: GS371700 Crime County: TENNESSEE DAVIDSON Classification: MISDEMEANOR Court: GENERAL SESSIONS Court Costs: $365.81 Fines: $250.00 Sentence: SentenceMaxMonths=6 Disposition: GUILTY Page 3 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Crime Details - TENNESSEE DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT-CRIM Case Number: GS371701 Crime County: TENNESSEE DAVIDSON Classification: MISDEMEANOR Court: GENERAL SESSIONS Disposition: GUILTY Crime Details - TENNESSEE DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT Case Number: GS550102 Crime County: TENNESSEE DAVIDSON Classification: MISDEMEANOR Court: GENERAL SESSIONS Disposition: GUILTY WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: TENNESSEE DAVIDSON COUNTY GENERAL SESSIONS COURT Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Crime Details - 10/04/2011 - TENNESSEE DAVIDSON, TN OffenseDescription1: DUI Case Number: GS550101 Crime County: TENNESSEE DAVIDSON Disposition: GUILTY Disposition Date: 10/04/2011 Crime Details - 07/22/2013 - TENNESSEE DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT-CIVIL Case Number: GS605315 Crime County: TENNESSEE DAVIDSON Status: CLOSED Warrant: GS605315 Crime Type: MISDEMEANOR OffenseCode: 55-10-406 DegreeOfOffense: MISD Case Type: GS Disposition: GUILTY Arrest Date: 10/12/2012 Disposition Date: 07/22/2013 Crime Details - 07/22/2013 - DAVIDSON, TN OffenseDescription1: RECKLESS DRIVING Crime County: DAVIDSON Warrant: GS605316 Crime Type: MISDEMEANOR OffenseCode: 55-10-205 GradeOfOffense: MISDEMEANOR- CLASS A DegreeOfOffense: MISDEMEANOR- CLASS B Disposition: GLC Arrest Date: 10/12/2012 Disposition Date: 07/22/2013 Crime Details - 07/22/2013 - DAVIDSON, TN OffenseDescription1: RECK. DR. Case Type: GS Page 4 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Case Number: GS605316 Crime County: DAVIDSON Status: CLOSED Crime Type: MISDEMEANOR GradeOfOffense: MISD DegreeOfOffense: MISD Sentence: 6 MONTHS Disposition: GUILTY - LESSER CHARGE Arrest Date: 10/12/2012 Disposition Date: 07/22/2013 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Ethnicity: WHITE Is Sex Offender: No Source Name: TENNESSEE DAVIDSON COUNTY ARRESTS Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match State Matched Not Available On Record Not Available On Record Crime Details - TN OffenseDescription1: DRIVING UNDER THE INFLUENCE Crime Details - TN OffenseDescription1: IMPLIED CONSENT VIOLATION WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL A VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: DUVAL COUNTY MUNICIPAL COURT Source State: FL Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O X O O O O X X Exact Match Not Matched Exact Match Exact Match Exact Match State Matched Not Available On Record Not Available On Record Crime Details - 04/16/2003 - DUVAL, FL OffenseDescription1: BURGLARY TO STRUCTURE-CONVEYANCE-ASSAULT-BATTERY DURING BURGLARY Case Number: 162003CF005319AXXXMAVONCAR Arresting Agency: JSO Crime County: DUVAL Status: CLOSED Classification: FELONY FIRST DEGREE OffenseCode: S810.02(2)(A) Charges Filed Date: 05/19/2003 Court: FL DUVAL CIRCUIT COURT(WEB) Disposition: NOL PROS (CODE 11) - TRANSFER TO HIGHER OR LOWER COURT Offense Date: 04/16/2003 Arrest Date: 04/16/2003 Disposition Date: 05/19/2003 Page 5 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 DegreeOfOffense: F1 Counts: 1 Crime Details - 04/16/2003 - DUVAL, FL OffenseDescription1: BATTERY Case Number: 162003CF005319AXXXMAVONCAR Arresting Agency: JSO Crime County: DUVAL Status: CLOSED Classification: MISDEMEANOR FIRST DE OffenseCode: S784.03 DegreeOfOffense: M1 Counts: 2 Charges Filed Date: 05/19/2003 Court: FL DUVAL CIRCUIT COURT(WEB) Disposition: NOL PROS (CODE 11) - TRANSFER TO HIGHER OR LOWER COURT Offense Date: 04/16/2003 Arrest Date: 04/16/2003 Disposition Date: 05/19/2003 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: DAVIDSON GENERAL SESSIONS COURT Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Crime Details - 12/02/2008 - DAVIDSON, TN OffenseDescription1: VIOL. COND. LIC. Case Number: GS371699VONCAR Crime County: DAVIDSON Status: CLOSED Crime Type: MISDEMEANOR DegreeOfOffense: MISD Case Type: GS Court: TN DAVIDSON GENERAL SESSIONS COURT Court Costs: .00 Fines: .00 Sentence: Y M D Probation: Y M D Disposition: DISMISSED Arrest Date: 03/23/2008 Disposition Date: 12/02/2008 Crime Details - 12/02/2008 - DAVIDSON, TN OffenseDescription1: RECK. DR. Case Number: GS371700VONCAR Crime County: DAVIDSON Status: CLOSED Crime Type: MISDEMEANOR GradeOfOffense: MISD DegreeOfOffense: MISD Case Type: MISD Court: TN DAVIDSON GENERAL SESSIONS COURT Court Costs: 365.81 Fines: 25 Sentence: Y 6M D Probation: Y M D Disposition: GUILTY - LESSER CHARGE Arrest Date: 03/23/2008 Disposition Date: 12/02/2008 Crime Details - 12/02/2008 - DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT-CRIM Case Number: GS371701VONCAR Case Type: MISD Court: TN DAVIDSON GENERAL SESSIONS COURT Page 6 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Crime County: DAVIDSON Status: CLOSED Crime Type: MISDEMEANOR GradeOfOffense: MISD DegreeOfOffense: MISD Court Costs: .00 Fines: .00 Sentence: Y M D Probation: Y M D Disposition: GUILTY Arrest Date: 03/23/2008 Disposition Date: 12/02/2008 Crime Details - DAVIDSON, TN OffenseDescription1: DRIV. LIC. - VIOLATION OF CONDITIONS Crime County: DAVIDSON Warrant: GS371699 Crime Type: MISDEMEANOR OffenseCode: 55-50-331 DegreeOfOffense: MISDEMEANOR- CLASS A Disposition: DIS Arrest Date: 03/23/2008 Crime Details - 12/02/2008 - DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT - CRIMINAL Crime County: DAVIDSON Warrant: GS371701 Crime Type: MISDEMEANOR OffenseCode: 55-10-406*1 GradeOfOffense: MISDEMEANOR- CLASS A DegreeOfOffense: MISDEMEANOR- CLASS A Disposition: GUI Arrest Date: 03/23/2008 Disposition Date: 12/02/2008 Crime Details - 12/02/2008 - DAVIDSON, TN OffenseDescription1: RECKLESS DRIVING Crime County: DAVIDSON Warrant: GS371700 Crime Type: MISDEMEANOR OffenseCode: 55-10-205 GradeOfOffense: MISDEMEANOR- CLASS A DegreeOfOffense: MISDEMEANOR- CLASS B Disposition: GLC Arrest Date: 03/23/2008 Disposition Date: 12/02/2008 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: DAVIDSON GENERAL SESSIONS COURT Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O O X X Exact Match Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Crime Details - 10/04/2011 - DAVIDSON, TN OffenseDescription1: RECK. DR. Case Number: GS550101VONCAR Crime County: DAVIDSON Status: CLOSED Case Type: MISD Court: TN DAVIDSON GENERAL SESSIONS COURT Court Costs: .00 Fines: 35 Page 7 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Crime Type: MISDEMEANOR GradeOfOffense: MISD DegreeOfOffense: MISD Sentence: Y 6M D Probation: Y M D Disposition: GUILTY Arrest Date: 08/14/2011 Disposition Date: 10/04/2011 Crime Details - 10/04/2011 - DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT Case Number: GS550102VONCAR Crime County: DAVIDSON Case Type: MISD Court: TN DAVIDSON GENERAL SESSIONS COURT Court Costs: .00 Fines: .00 Sentence: Y M D Probation: Y M D Disposition: GUILTY Disposition Date: 10/04/2011 Crime Details - 10/04/2011 - DAVIDSON, TN OffenseDescription1: IMPLIED CONSENT-CIVIL Case Number: GS550102 Crime County: DAVIDSON Status: CLOSED Warrant: GS550102 Crime Type: MISDEMEANOR OffenseCode: 55-10-406 DegreeOfOffense: MISD Case Type: GS Disposition: GUILTY Arrest Date: 08/14/2011 Disposition Date: 10/04/2011 Crime Details - 10/04/2011 - DAVIDSON, TN OffenseDescription1: RECKLESS DRIVING Crime County: DAVIDSON Warrant: GS550101 Crime Type: MISDEMEANOR OffenseCode: 55-10-205 GradeOfOffense: MISDEMEANOR- CLASS A DegreeOfOffense: MISDEMEANOR- CLASS B Disposition: GUI Arrest Date: 08/14/2011 Disposition Date: 10/04/2011 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Gender: M Ethnicity: WHITE Source Name: DAVIDSON COUNTY - INTRANET Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: Arrest Details - TN Charges: DRIVING UNDER THE INFLUENCE Source State: TN Case Number: 403091 Page 8 of 46 04/02/2020 O O O O O X X X Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Not Available On Record FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Arrest Details - TN Charges: IMPLIED CONSENT, CRIMINAL Source State: TN Case Number: 403091 Arrest Details - TN Charges: LICENSE, OPERATING MOTOR VEHICLE IN VIOLATION OF CONDITION Source State: TN Case Number: 403091 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Gender: M Ethnicity: WHITE Source Name: DAVIDSON COUNTY - ARRESTS Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O X X X Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Not Available On Record Arrest Details - 03/23/2008 - TN Charges: LICENSE, OPERATING MOTOR VEHICLE IN VIOLATION OF CONDITION Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $1,000.00 Booking Number: 403091 Booking Date: 03/23/2008 Arrest Details - 03/23/2008 - TN Charges: DRIVING UNDER THE INFLUENCE Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $1,500.00 Booking Number: 403091 Booking Date: 03/23/2008 Arrest Details - 03/23/2008 - TN Charges: IMPLIED CONSENT, CRIMINAL Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $1,000.00 Booking Number: 403091 Booking Date: 03/23/2008 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN Match Indicators Page 9 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY DOB: 04/15/1984, Born 35 Years Ago Gender: M Ethnicity: WHITE Source Name: DAVIDSON COUNTY - ARRESTS Source State: TN CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O X X X Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Not Available On Record Arrest Details - 08/14/2011 - TN Charges: DRIVING UNDER THE INFLUENCE Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $3,000.00 Booking Number: 577100 Booking Date: 08/14/2011 Arrest Details - 08/14/2011 - TN Charges: IMPLIED CONSENT VIOLATION Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $0.00 Booking Number: 577100 Booking Date: 08/14/2011 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Name: CARL ALBERT VONHARTMAN DOB: 04/15/1984, Born 35 Years Ago Gender: M Ethnicity: WHITE Source Name: DAVIDSON COUNTY - ARRESTS Source State: TN Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O O O X X X Exact Match Exact Match Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Not Available On Record Arrest Details - 10/12/2012 - TN Charges: DRIVING UNDER THE INFLUENCE Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $2,500.00 Booking Number: 637056 Booking Date: 10/12/2012 Arrest Details - 10/12/2012 - TN Charges: IMPLIED CONSENT VIOLATION Charge Class: MISDEMEANOR Source State: TN Case Number: 383796 Bond: $0.00 Booking Number: 637056 Booking Date: 10/12/2012 WARNING - Due to the quality of Criminal data entry - Data displayed may not pertain to your Subject. Separate Criminal Search is highly suggested as well as independent verification of anything displayed on this system. Page 10 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Name: CARL ALBERT VONHARTMAN Address: EUSTIS, FL 32736 (LAKE COUNTY) Gender: M Ethnicity: WHITE Is Sex Offender: No Source Name: BRADFORD COUNTY Source State: FL Match Indicators First Name: Middle Name: Last Name: Date Of Birth: Age: Address: Height: Ethnicity: O O O X X O X X Exact Match Exact Match Exact Match Not Available On Record Not Available On Record Zip Matched Not Available On Record Not Available On Record Crime Details - 09/20/2002 - FL OffenseDescription1: SPEEDING IN A POSTED MUNICIPAL ZONE Case Number: 02010400TRAXMX Status: CLOSED Status Date: 10/01/2002 Crime Type: TRAFFIC OffenseCode: 316.189.1 Charges Filed Date: 10/01/2002 Case Type: TRAFFIC INFRACTION 5 Offense Date: 09/20/2002 Disposition Date: 01/15/2003 Possible Employers (1 Found) Business Name: BUSINESS OWNER (01/29/2020) Address Summary (15 Found) 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (06/2015 to 04/02/2020) 4636 LEBANON PIKE, HERMITAGE, TN 37076-1316 (DAVIDSON COUNTY) (12/2016 to 03/2020) 356 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-6317 (ALLEN COUNTY) (09/05/2008 to 03/2020) 4636 LEBANON PIKE # 361, HERMITAGE, TN 37076-1316 (DAVIDSON COUNTY) (11/11/2016 to 12/2016) 3566 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (11/10/2005 to 04/12/2018) 401 S MOUNT JULIET RD STE 161, MOUNT JULIET, TN 37122-8463 (WILSON COUNTY) (10/22/2016 to 10/22/2016) 37009 CALHOUN RD, EUSTIS, FL 32736-8501 (LAKE COUNTY) (11/01/2000 to 07/2016) 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) (11/18/2008 to 05/04/2015) 119 WALNUT GROVE CT, ALVATON, KY 42122-9583 (WARREN COUNTY) (09/30/2013 to 09/30/2013) 2601 HILLSBORO PIKE APT E1, NASHVILLE, TN 37212-5611 (DAVIDSON COUNTY) (03/09/2008 to 03/31/2010) PO BOX 822, SCOTTSVILLE, KY 42164-0822 (ALLEN COUNTY) (07/01/2005 to 02/2009) 573 CANTERBURY CT, MOUNT DORA, FL 32757-6243 (LAKE COUNTY) (08/04/2004 to 04/10/2007) 4250 ALAFAYA TRL STE 212, OVIEDO, FL 32765-9424 (SEMINOLE COUNTY) (03/07/2006 to 03/07/2006) 1908 HERITAGE GROVE CIR # 324, TALLAHASSEE, FL 32304-4292 (LEON COUNTY) (06/09/2005 to 06/09/2005) 1908 HERITAGE GROVE CIR, TALLAHASSEE, FL 32304-4292 (LEON COUNTY) (09/2004 to 09/2004) Address Details (15 Found) 3808 LAKERIDGE RUN, NASHVILLE TN 37214-2695 (DAVIDSON COUNTY) (06/2015 to 04/02/2020) [ Back to Summary ] Subdivision Name: LAKERIDGE Owners: CARL VONHARTMAN [ View Person Record ] STORMI MURTIE [ View Person Record ] Purchase Date: 05/29/2015 Page 11 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Purchase Price: $295,500 Assessed Value: $78,800 Living Square Feet: 3,294 Land Square Feet: 7,841 4636 LEBANON PIKE, HERMITAGE TN 37076-1316 (DAVIDSON COUNTY) (12/2016 to 03/2020) [ Back to Summary ] Current Commercial Phones at address (615) 712-9484(CT) - EGAN ANDREW ATTY - SOCIAL SECURITY DISABILITY ATTORNEY (615) 758-9223(CT) - KOMATSU AMERICA INDUSTRIES (615) 758-9223(CT) - MCGUIRE BEN (615) 712-9484(CT) - SOCIAL SECURITY DISABILITY ATTORNEY (615) 871-4627(CT) - UPS STORE THE 356 VALLEY VIEW DR, SCOTTSVILLE KY 42164-6317 (ALLEN COUNTY) (09/05/2008 to 03/2020) [ Back to Summary ] Current Private Phone at address (270) 618-7147(CT) - BALE, BENJAMIN Owners: BENJAMIN BALE [ View Person Record ] LENORA BALE [ View Person Record ] Purchase Date: 01/31/2020 Assessed Value: $220,000 Living Square Feet: 2,057 Land Square Feet: 58,806 4636 LEBANON PIKE # 361, HERMITAGE TN 37076-1316 (DAVIDSON COUNTY) (11/11/2016 to 12/2016) [ Back to Summary ] 3566 LAKE ELEANOR DR, MOUNT DORA FL 32757-4530 (LAKE COUNTY) (11/10/2005 to 04/12/2018) [ Back to Summary ] Subdivision Name: GOLDEN HEIGHTS Owner: JERI W VON HARTMAN [ View Person Record ] Purchase Price: $9,500 Assessed Value: $103,981 Living Square Feet: 1,304 Land Square Feet: 8,880 401 S MOUNT JULIET RD STE 161, MOUNT JULIET TN 37122-8463 (WILSON COUNTY) (10/22/2016 to 10/22/2016) [ Back to Summary ] Above Pictures for: 401 S MOUNT JULIET RD STE 500 Address contains: 2 units, 85 suites 37009 CALHOUN RD, EUSTIS FL 32736-8501 (LAKE COUNTY) (11/01/2000 to 07/2016) [ Back to Summary ] Subdivision Name: ACREAGE OR Owners: Page 12 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 STEPHEN D JENNELLE [ View Person Record ] PAMELA JENNELLE [ View Person Record ] Purchase Date: 02/17/2005 Purchase Price: $233,000 Assessed Value: $165,112 Living Square Feet: 2,060 Land Square Feet: 90,169 1004 CAROLYN AVE, NASHVILLE TN 37216-3612 (DAVIDSON COUNTY) (11/18/2008 to 05/04/2015) [ Back to Summary ] Subdivision Name: IRVINGTON Owners: SUMMER MOORE [ View Person Record ] STUART R MOORE [ View Person Record ] Purchase Date: 03/22/2019 Assessed Value: $80,875 Living Square Feet: 1,575 Land Square Feet: 8,712 119 WALNUT GROVE CT, ALVATON KY 42122-9583 (WARREN COUNTY) (09/30/2013 to 09/30/2013) [ Back to Summary ] Subdivision Name: CAMBRIDGE GROVE Owners: FELIX ECKHARD [ View Person Record ] KATHLEEN A LAPPE [ View Person Record ] Purchase Date: 04/22/2019 Assessed Value: $350,000 Living Square Feet: 2,296 Land Square Feet: 57,935 2601 HILLSBORO PIKE APT E1, NASHVILLE TN 37212-5611 (DAVIDSON COUNTY) (03/09/2008 to 03/31/2010) [ Back to Summary ] Above Pictures for: 2601 HILLSBORO PIKE APT D8 Subdivision Name: VILLAGER CONDO APTS Address contains: 1 office, 236 apartments Owner: RACHEL E VEST [ View Person Record ] Purchase Date: 06/15/2010 Purchase Price: $90,000 Assessed Value: $29,250 Living Square Feet: 600 Land Square Feet: 586 PO BOX 822, SCOTTSVILLE KY 42164-0822 (ALLEN COUNTY) (07/01/2005 to 02/2009) [ Back to Summary ] 573 CANTERBURY CT, MOUNT DORA FL 32757-6243 (LAKE COUNTY) (08/04/2004 to 04/10/2007) [ Back to Summary ] Page 13 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Subdivision Name: MOUNT DORA DORSET MOUNT DORA Owners: JOEL B GREER [ View Person Record ] ELAINE M GREER [ View Person Record ] Purchase Date: 03/28/2014 Purchase Price: $100,000 Assessed Value: $132,581 Living Square Feet: 1,210 Land Square Feet: 5,916 4250 ALAFAYA TRL STE 212, OVIEDO FL 32765-9424 (SEMINOLE COUNTY) (03/07/2006 to 03/07/2006) [ Back to Summary ] Subdivision Name: METES BOUNDS Address contains: 19 suites Owner: NATIONAL RESIDENTIAL NOMINEE S Purchase Date: 07/13/2015 Purchase Price: $309,000 1908 HERITAGE GROVE CIR # 324, TALLAHASSEE FL 32304-4292 (LEON COUNTY) (06/09/2005 to 06/09/2005) [ Back to Summary ] Address contains: 24 units 1908 HERITAGE GROVE CIR, TALLAHASSEE FL 32304-4292 (LEON COUNTY) (09/2004 to 09/2004) [ Back to Summary ] Address contains: 24 units Cities History (9 Found) NASHVILLE, TN (DAVIDSON COUNTY) (03/09/2008 to 04/02/2020) MOUNT DORA, FL (LAKE COUNTY) (08/04/2004 to 04/12/2018) HERMITAGE, TN (DAVIDSON COUNTY) (11/11/2016 to 03/2020) MOUNT JULIET, TN (WILSON COUNTY) (10/22/2016 to 10/22/2016) EUSTIS, FL (LAKE COUNTY) (11/01/2000 to 07/2016) ALVATON, KY (WARREN COUNTY) (09/30/2013 to 09/30/2013) SCOTTSVILLE, KY (ALLEN COUNTY) (07/01/2005 to 03/2020) OVIEDO, FL (SEMINOLE COUNTY) (03/07/2006 to 03/07/2006) TALLAHASSEE, FL (LEON COUNTY) (09/2004 to 06/09/2005) Counties History (7 Found) DAVIDSON, TN (03/09/2008 to 04/02/2020) LAKE, FL (11/01/2000 to 04/12/2018) WILSON, TN (10/22/2016 to 10/22/2016) WARREN, KY (09/30/2013 to 09/30/2013) ALLEN, KY (07/01/2005 to 03/2020) SEMINOLE, FL (03/07/2006 to 03/07/2006) LEON, FL (09/2004 to 06/09/2005) Driver's License Information (6 Found) CARL ALBERT VON HARTMAN 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) DL#: XXXXXXXXX Issuing State: TN Page 14 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 License Type: DM Issue Date: 08/13/2015 Expiration Date: 04/15/2019 Date of Birth: 04/15/1984 , Born 35 years ago Gender: Male Race: White Height: 6'1" CARL ALBERT VON HARTMAN 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) DL#: XXXX-XXX-XX-XXX-X Issuing State: FL License Type: CLASS E Original Issue Date: 04/15/1999 Issue Date: 07/11/2010 Expiration Date: 04/15/2018 Date of Birth: 04/15/1984 , Born 35 years ago Gender: Male Race: White Height: 6'2" Attention Flag: ORGAN DONOR Privacy Flag: T CARL ALBERT VON HARTMAN 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) DL#: XXXX-XXX-XX-XXX-X Issuing State: FL License Type: CLASS E Original Issue Date: 04/15/1999 Issue Date: 11/16/2009 Expiration Date: 04/15/2018 Date of Birth: 04/15/1984 , Born 35 years ago Gender: Male Race: White Height: 6'2" Attention Flag: ORGAN DONOR Privacy Flag: T CARL ALBERT VON HARTMAN 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) DL#: XXXX-XXX-XX-XXX-X Issuing State: FL License Type: CLASS E Original Issue Date: 04/15/1999 Issue Date: 10/23/2008 Expiration Date: 04/15/2018 Date of Birth: 04/15/1984 , Born 35 years ago Gender: Male Race: White Height: 6'2" Attention Flag: ORGAN DONOR Privacy Flag: T CARL VONHARTMAN 2601 HILLSBORO PIKE # E, NASHVILLE, TN 37212-5641 (DAVIDSON COUNTY) DL#: XXXXXXXXX Issuing State: TN License Type: HO Date of Birth: 04/15/1984 , Born 35 years ago Gender: Page 15 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Race: CARL ALBERT NARTMAN 37009 CALHOUN RD, EUSTIS, FL 32736-8501 (LAKE COUNTY) DL#: XXXX-XXX-XX-XXX-X Issuing State: FL License Type: CLASS N Date of Birth: 04/15/1984 , Born 35 years ago Gender: Male Privacy Flag: T Utilities (8 Found) Name: CARL VONHARTMAN [ View Person Record ] Service Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) First Seen by Utilities: 10/09/2019 Date Reported: 10/09/2019 Service Phone: (615) 720-8092 Phone Type: Unknown Listing Type: Unknown Time Zone: CT Carrier: NEW CINGULAR WIRELESS PCS LLC - GA (AT&T MOBILITY) Carrier Type: WIRELESS City: NASHVILLE State: TN Name: CARL VONHARTMAN [ View Person Record ] Service Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) First Seen by Utilities: 06/18/2019 Date Reported: 06/12/2019 Service Phone: (615) 612-9926 Phone Type: Unknown Listing Type: Unknown Time Zone: CT Carrier: CELLCO PARTNERSHIP DBA VERIZON WIRELESS - TN (VERIZON WIRELESS) Carrier Type: WIRELESS City: NASHVILLE State: TN Name: CARL VONHARTMAN [ View Person Record ] Service Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) First Seen by Utilities: 06/30/2016 Date Reported: 06/30/2016 Service Phone: (615) 720-8092 Phone Type: Unknown Page 16 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Listing Type: Unknown Time Zone: CT Carrier: NEW CINGULAR WIRELESS PCS LLC - GA (AT&T MOBILITY) Carrier Type: WIRELESS City: NASHVILLE State: TN Name: CARL A VONHARTMAN [ View Person Record ] Service Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) First Seen by Utilities: 07/30/2015 Date Reported: 07/30/2015 Name: CARL VONHARTMAN [ View Person Record ] Service Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) First Seen by Utilities: 06/29/2015 Date Reported: 06/15/2015 Service Phone: (615) 720-8092 Phone Type: Unknown Listing Type: Unknown Time Zone: CT Carrier: NEW CINGULAR WIRELESS PCS LLC - GA (AT&T MOBILITY) Carrier Type: WIRELESS City: NASHVILLE State: TN Name: CARL VONHARTMAN [ View Person Record ] Service Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) First Seen by Utilities: 06/14/2014 Date Reported: 06/14/2014 Service Phone: (715) 720-8092 Phone Type: Unknown Listing Type: Unknown Time Zone: CT Carrier: AMERITECH WISCONSIN (AT&T WISCONSIN) Carrier Type: LANDLINE City: CHIPPEWA FALLS State: WI Name: CARL A VONHARTMAN [ View Person Record ] Service Address: 3566 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) First Seen by Utilities: 10/31/2012 Date Reported: 10/31/2012 Service Phone: (615) 720-8092 Phone Type: Unknown Listing Type: Unknown Page 17 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Time Zone: CT Carrier: NEW CINGULAR WIRELESS PCS LLC - GA (AT&T MOBILITY) Carrier Type: WIRELESS City: NASHVILLE State: TN Billing Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Name: CARL VONHARTMAN [ View Person Record ] First Seen by Utilities: 11/11/2012 Date Reported: 09/03/2010 Billing Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Professional Affiliations (None Found) Professional Licenses (None Found) Bankruptcy Records (None Found) Liens (None Found) Judgments (None Found) Current Property Deeds (1 Found) Purchase Date: 05/29/2015 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) APN: 109-01-0A-060.00-C APN Sequence Number: 001 Account Number: 000120877 Date Subject First Seen as Owner: 08/24/2012 Date Subject Last Seen as Owner: 2019 Subdivision Name: LAKERIDGE PH 03 Legal Description: LOT 21 LAKERIDGE PHASE 3 1ST REV Building Square Feet: 4,718 Living Square Feet: 3,294 Land Square Feet: 7,841 Year Built: 1998 Latest Tax Roll/Assessment Information Tax Year: 2019 Tax Amount: $2,170.94 Assessed Year: 2019 Assessed Value: $78,800 Sale Date: 05/29/2015 Sale Amount: $295,500 Document Number: 53084 Total Value: $315,200 Land Value: $56,000 Improvement Value: $259,200 Bedrooms: 3 Baths: 3 Most Current Ownership Information - 05/29/2015 Page 18 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Owner: CARL VONHARTMAN Owner: STORMI MURTIE Owner: ROGER MURTIE Mailing Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: SETH BANKS 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Owner Relationship Type: Unmarried Sale Date: 05/29/2015 Sale Amount: $295,500 Absentee Indicator: Situs Address Taken From Sales Transaction - Determined Owner Occupied Deed Sec Cat: Resale, Mortgaged Purchase, Residential (Modeled) Universal Land Use: Single Family Residence Property Indicator: Single Family Residence/Townhouse Resale New Construction: Resale Residential Model Indicator: Based On Zip Code and Value Property is Residential Mortgage Lender: LEGACY MUTUAL MTGMortgage Amount: $236,400 Mortgage Loan Type: Conventional Mortgage Deed Type: Deed of Trust Mortgage Term: 30 Years Mortgage Date: 05/29/2015 Mortgage Due Date: 06/01/2045 Mtg Sec Cat: CNV, Fixed, Conforming Previous Ownership Information - 08/24/2012 Owner: SETH BANKS Owner: AMBER ORR Mailing Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MARK PRUETT 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Owner Relationship Type: Married Man Sale Date: 08/24/2012 Sale Amount: $233,900 Absentee Indicator: Situs Address Taken From Sales Transaction - Determined Owner Occupied Deed Sec Cat: Resale, Mortgaged Purchase, Residential (Modeled) Universal Land Use: Single Family Residence Property Indicator: Single Family Residence/Townhouse Resale New Construction: Resale Residential Model Indicator: Based On Zip Code and Value Property is Residential Mortgage Lender: SUNTRUST MTG INCMortgage Amount: $233,900 Mortgage Loan Type: Conventional Mortgage Deed Type: Deed of Trust Mortgage Term: 30 Years Mortgage Date: 08/24/2012 Mortgage Due Date: 09/01/2042 Mtg Sec Cat: CNV, Fixed, Conforming Previous Ownership Information - 08/24/2012 Owner: SETH BANKS Mailing Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MARK PRUETT 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Sale Date: 08/24/2012 Sale Amount: $233,900 Absentee Indicator: Owner Occupied Universal Land Use: Single Family Residence Property Indicator: Single Family Residence Mortgage Information not available Page 19 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Residential Model Indicator: Property is Residential Previous Ownership Information - 10/25/2002 Owner: MARK PRUETT Mailing Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MALMQUIST PETER M & KAREN W 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Owner Relationship Type: Unmarried Man Sale Date: 10/25/2002 Sale Code: Unknown Sale Amount: $228,000 Absentee Indicator: Owner Occupied Universal Land Use: Single Family Residence Property Indicator: Single Family Residence Residential Model Indicator: Property is Residential Mortgage Information not available Past Property Deeds (None Found) Property Foreclosures (None Found) Property Assessments (1 Found) 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) APN: 109-01-0A-060.00-C APN Sequence Number: 001 Account Number: 000120877 Property Indicator: Single Family Residence Municipality Name: 74-GSD Subdivision Name: LAKERIDGE PH 03 Assessment (2015 - 2019) Owners: CARL VONHARTMAN [ View Person Record ] STORMI MURTIE [ View Person Record ] ROGER MURTIE [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: SETH BANKS [ View Person Record ] Total Value Calculated: $315,200 Land Value Calculated: $56,000 Improvement Value Calculated: $259,200 Total Value Calculated Flag: Market Value Land Value Calculated Flag: Market Value Page 20 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Improvement Value Calculated Flag: Market Value Assessed Total Value: $78,800 Assessed Land Value: $14,000 Assessed Improvement Value: $64,800 Market Total Value: $315,200 Market Land Value: $56,000 Market Improvement Value: $259,200 Appraised Total Value: $315,200 Appraised Land Value: $56,000 Appraised Improvement Value: $259,200 Tax Amount: $2,170.94 Assessed Year: 2019 Tax Year: 2019 Tax Code Area: GSD Total Value Calculated: $315,200 Land Value Calculated: $56,000 Improvement Value Calculated: $259,200 Total Value Calculated Flag: Market Value Land Value Calculated Flag: Market Value Improvement Value Calculated Flag: Market Value Assessed Total Value: $78,800 Assessed Land Value: $14,000 Assessed Improvement Value: $64,800 Market Total Value: $315,200 Market Land Value: $56,000 Market Improvement Value: $259,200 Appraised Total Value: $315,200 Appraised Land Value: $56,000 Appraised Improvement Value: $259,200 Tax Amount: $2,170.94 Assessed Year: 2018 Tax Year: 2017 Tax Code Area: GSD Total Value Calculated: $315,200 Land Value Calculated: $56,000 Improvement Value Calculated: $259,200 Total Value Calculated Flag: Market Value Land Value Calculated Flag: Market Value Improvement Value Calculated Flag: Market Value Assessed Total Value: $78,800 Assessed Land Value: $14,000 Assessed Improvement Value: $64,800 Market Total Value: $315,200 Market Land Value: $56,000 Market Improvement Value: $259,200 Appraised Total Value: $315,200 Appraised Land Value: $56,000 Appraised Improvement Value: $259,200 Tax Amount: $2,310.26 Assessed Year: 2017 Tax Year: 2016 Tax Code Area: GSD Total Value Calculated: $235,500 Land Value Calculated: $45,000 Improvement Value Calculated: $190,500 Total Value Calculated Flag: Market Value Land Value Calculated Flag: Market Value Page 21 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Improvement Value Calculated Flag: Market Value Assessed Total Value: $58,875 Assessed Land Value: $11,250 Assessed Improvement Value: $47,625 Market Total Value: $235,500 Market Land Value: $45,000 Market Improvement Value: $190,500 Appraised Total Value: $235,500 Appraised Land Value: $45,000 Appraised Improvement Value: $190,500 Tax Amount: $2,310.26 Assessed Year: 2016 Tax Year: 2015 Tax Code Area: GSD Front Footage: 70 Depth Footage: 111 Acres: 0.1800 Land Square Footage: 7841 Lot Area: IR Building Square Feet: 4718 Living Square Feet: 3294 Ground Floor Square Feet: 1568 Basement Square Feet: 1568 Garage Parking Square Feet: 483 Year Built: 1998 Effective Year Built: 1998 Bedrooms: 3 Total Rooms: 9 Full Baths: 2 Half Baths: 1 Bath Fixtures: 12 Air Conditioning: Central Basement Finish: Finished Building: Single Family Condition: Average Exterior Walls: Brick Fireplace Indicator: Fireplace is Located Within the Building Fireplace Number: 1 Fireplace Type: Type Unknown Foundation: Raised W/Basement Garage: Attached Brick Garage Heating: Central Parking Type: Attached Brick Garage Roof Cover: Asphalt Stories: 1.50 Stories Number: 1.5 Units Number: 1 Assessment (2013) Owner: SETH BANKS [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MARK PRUETT [ View Person Record ] Total Value Calculated: $235,500 Land Value Calculated: $45,000 Improvement Value Calculated: $190,500 Page 22 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Total Value Calculated Flag: Market Value Land Value Calculated Flag: Market Value Improvement Value Calculated Flag: Market Value Assessed Total Value: $58,875 Assessed Land Value: $11,250 Assessed Improvement Value: $47,625 Market Total Value: $235,500 Market Land Value: $45,000 Market Improvement Value: $190,500 Appraised Total Value: $235,500 Appraised Land Value: $45,000 Appraised Improvement Value: $190,500 Tax Amount: $2,310.26 Assessed Year: 2013 Tax Year: 2013 Tax Code Area: GSD Front Footage: 70 Depth Footage: 111 Acres: 0.1800 Land Square Footage: 7841 Lot Area: IR Building Square Feet: 4718 Living Square Feet: 3294 Ground Floor Square Feet: 1568 Basement Square Feet: 1568 Garage Parking Square Feet: 483 Year Built: 1998 Effective Year Built: 1998 Bedrooms: 3 Total Rooms: 9 Full Baths: 2 Half Baths: 1 Air Conditioning: Central Basement Finish: Finished Building: Single Family Exterior Walls: Brick Fireplace Indicator: Fireplace is Located Within the Building Fireplace Type: Type Unknown Foundation: Raised W/Basement Garage: Attached Brick Garage Heating: Central Parking Type: Attached Brick Garage Roof Cover: Asphalt Stories: 1.50 Stories Number: 1.5 Assessment (2012) Owners: SETH BANKS [ View Person Record ] AMBER ORR [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MARK PRUETT [ View Person Record ] Total Value Calculated: $258,700 Land Value Calculated: $45,000 Improvement Value Calculated: $213,700 Total Value Calculated Flag: Market Value Page 23 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Land Value Calculated Flag: Market Value Improvement Value Calculated Flag: Market Value Assessed Total Value: $64,675 Assessed Land Value: $11,250 Assessed Improvement Value: $53,425 Market Total Value: $258,700 Market Land Value: $45,000 Market Improvement Value: $213,700 Appraised Total Value: $258,700 Appraised Land Value: $45,000 Appraised Improvement Value: $213,700 Tax Amount: $2,612.87 Assessed Year: 2012 Tax Year: 2012 Tax Code Area: GSD Front Footage: 70 Depth Footage: 111 Acres: 0.1800 Land Square Footage: 7841 Lot Area: IR Building Square Feet: 4718 Living Square Feet: 3294 Ground Floor Square Feet: 1568 Basement Square Feet: 1568 Garage Parking Square Feet: 483 Year Built: 1998 Effective Year Built: 1998 Bedrooms: 3 Total Rooms: 9 Full Baths: 2 Half Baths: 1 Air Conditioning: Central Basement Finish: Finished Building: Single Family Exterior Walls: Brick Fireplace Indicator: Fireplace is Located Within the Building Fireplace Type: Type Unknown Foundation: Raised W/Basement Garage: Attached Brick Garage Heating: Central Parking Type: Attached Brick Garage Roof Cover: Asphalt Stories: 1.50 Stories Number: 1.5 Units Number: 1 Assessment (2011) Owner: MARK PRUETT [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MALMQUIST PETER M & KAREN W Total Value Calculated: $64,675 Land Value Calculated: $11,250 Improvement Value Calculated: $53,425 Total Value Calculated Flag: Assessed Value Land Value Calculated Flag: Assessed Value Page 24 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Improvement Value Calculated Flag: Assessed Value Assessed Total Value: $64,675 Assessed Land Value: $11,250 Assessed Improvement Value: $53,425 Market Total Value: $258,700 Market Land Value: $45,000 Market Improvement Value: $213,700 Appraised Total Value: $258,700 Appraised Land Value: $45,000 Appraised Improvement Value: $213,700 Tax Amount: $2,302.43 Assessed Year: 2011 Tax Year: 2011 Tax Code Area: GSD Front Footage: 70 Depth Footage: 111 Acres: 0.1800 Land Square Footage: 7841 Lot Area: IR Building Square Feet: 4718 Living Square Feet: 3294 Ground Floor Square Feet: 1568 Basement Square Feet: 1568 Garage Parking Square Feet: 483 Year Built: 1998 Effective Year Built: 1998 Bedrooms: 3 Total Rooms: 9 Full Baths: 2 Half Baths: 1 Air Conditioning: Central Building: Single Family Exterior Walls: Frame Brick Fireplace Indicator: Fireplace is Located Within the Building Fireplace Type: Type Unknown Foundation: Raised W/Basement Garage: Attached Brick Garage Heating: Central Parking Type: Attached Brick Garage Roof Cover: Asphalt Stories: 1.50 Stories Number: 1.5 Units Number: 1 Assessment (2008 - 2010) Owner: MARK PRUETT [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Seller: MALMQUIST PETER M & KAREN W Total Value Calculated: $64,675 Land Value Calculated: $11,250 Improvement Value Calculated: $53,425 Total Value Calculated Flag: Assessed Value Land Value Calculated Flag: Assessed Value Improvement Value Calculated Flag: Assessed Value Assessed Total Value: $64,675 Page 25 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Assessed Land Value: $11,250 Assessed Improvement Value: $53,425 Market Total Value: $258,700 Market Land Value: $45,000 Market Improvement Value: $213,700 Appraised Total Value: $258,700 Appraised Land Value: $45,000 Appraised Improvement Value: $213,700 Tax Amount: $2,302.43 Assessed Year: 2010 Tax Year: 2010 Tax Code Area: GSD Total Value Calculated: $64,675 Land Value Calculated: $11,250 Improvement Value Calculated: $53,425 Total Value Calculated Flag: Assessed Value Land Value Calculated Flag: Assessed Value Improvement Value Calculated Flag: Assessed Value Assessed Total Value: $64,675 Assessed Land Value: $11,250 Assessed Improvement Value: $53,425 Market Total Value: $258,700 Market Land Value: $45,000 Market Improvement Value: $213,700 Appraised Total Value: $258,700 Appraised Land Value: $45,000 Appraised Improvement Value: $213,700 Tax Amount: $2,302.43 Assessed Year: 2009 Tax Year: 2009 Tax Code Area: GSD Total Value Calculated: $62,000 Land Value Calculated: $6,875 Improvement Value Calculated: $55,125 Total Value Calculated Flag: Assessed Value Land Value Calculated Flag: Assessed Value Improvement Value Calculated Flag: Assessed Value Assessed Total Value: $62,000 Assessed Land Value: $6,875 Assessed Improvement Value: $55,125 Market Total Value: $248,000 Market Land Value: $27,500 Market Improvement Value: $220,500 Appraised Total Value: $248,000 Appraised Land Value: $27,500 Appraised Improvement Value: $220,500 Tax Amount: $2,425.01 Assessed Year: 2008 Tax Year: 2008 Tax Code Area: GSD Front Footage: 70 Depth Footage: 111 Acres: 0.1800 Land Square Footage: 7840 Lot Area: IR Building Square Feet: 4235 Living Square Feet: 3294 Page 26 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Ground Floor Square Feet: 1568 Basement Square Feet: 1568 Garage Parking Square Feet: 483 Year Built: 1998 Effective Year Built: 1998 Bedrooms: 3 Total Rooms: 9 Full Baths: 2 Half Baths: 1 Air Conditioning: Central Building: Single Family Exterior Walls: Brick Fireplace Indicator: Fireplace is Located Within the Building Fireplace Type: Type Unknown Foundation: Raised W/Basement Garage: Attached Brick Garage Heating: Central Parking Type: Attached Brick Garage Roof Cover: Asphalt Stories: 1.50 Stories Number: 1.5 Units Number: 1 Evictions (None Found) Current Vehicle Information (2 Found) Registered: 02/27/2013 to 03/31/2020 2008 BMW -Series: I -Model: 535 VIN: WBANW13548CN54747 Body Style: SEDAN -Vehicle Type: Passenger Car Weight: 3704 lbs -Length: 191.1" Color: 9 Most Current Tag #: TN V3536A Valid from: (03/17/2015 to 03/31/2020) Doors: 4 MSRP: $49,400 Plant: DINGOLFING, GERMANY Restraint Type: MANUAL BELTS - DRIVER AND PASSENGER DUAL-STAGE ADVANCED SUPPLEMENTAL RESTRAINT SYSTEM (SRS) Height: 57.8 Width: 79.9 Wheel Base: 113.7 Wheel Dimensions: 17.0 X 7.5 Drive Type: RWD Fuel:GAS 18.5 Gallon Engine:3.0L INLINE6 TWIN TURBO Page 27 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Most Current Owner/Registrant/Lien Information - 02/27/2013 to 03/31/2020 Title Holders CARL A VON HARTMAN [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Title Number: 95260466 State Titled In: TN Original Title Date: 03/21/2015 Title Transfer Date: 12/22/2015 Lien Holders None Found Lessors None Found Title Holders CARL A VON HARTMAN [ View Person Record ] 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Title Number: 95260466 State Titled In: TN Original Title Date: 03/21/2015 Title Transfer Date: 03/21/2015 Registrant CARL ALBERT VON HARTMAN [ View Person Record ] Registered: 02/27/2013 to 03/31/2020 Addresses Registered to While owned by CARL ALBERT VON HARTMAN 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (12/22/2015 to 02/26/2019) 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) (02/27/2013 to 03/17/2015) Vehicle Tag History License Plate: TN V3536A Valid from: (03/17/2015 to 03/31/2020) License Plate: FL S420YN Valid from: (02/27/2013 to 04/15/2015) Lien Holders None Found Lessors None Found Title Holders CARL ALBERT VON HARTMAN [ View Person Record ] 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Title Number: 0111135200 State Titled In: FL Original Title Date: 02/27/2013 Title Transfer Date: 02/27/2013 Lien Holders None Found Lessors None Found Previous Owner/Registrant/Lien Information - 05/11/2007 to 05/31/2012 Title Holders CLAIRE TUCKER [ View Person Record ] 801 KATHRIDGE CT, BRENTWOOD, TN 37027-8746 (WILLIAMSON COUNTY) DOB: 03/1953, Born 67 years ago Title Number: 76631407 State Titled In: TN Original Title Date: 05/16/2007 Title Transfer Date: 05/16/2007 Registrant CLAIRE TUCKER [ View Person Record ] Registered: 05/11/2007 to 05/31/2012 DOB: 03/1953, Born 67 years ago Addresses Registered to While owned by CLAIRE TUCKER 801 KATHRIDGE CT, BRENTWOOD, TN 37027-8746 (WILLIAMSON COUNTY) (05/11/2007 to 05/09/2011) Vehicle Tag History Page 28 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 License Plate: TN 082QKD Valid from: (05/11/2007 to 05/31/2012) Lien Holders None Found Lessors None Found Registered: 02/21/2012 to 03/31/2020 1999 DODGE -Series: SLT -Model: DURANGO VIN: 1B4HS28Y5XF656380 Body Style: SUV -Vehicle Type: Truck Weight: 4397 lbs -Length: 193.3" Color: OO Most Current Tag #: TN V3537A Valid from: (03/17/2015 to 03/31/2020) Doors: 4 MSRP: $27,790 Plant: NEWARK, DELAWARE Restraint Type: DRIVER AND PASSENGER FRONT AIRBAGS, ACTIVE BELTS Gross Vehicle Weight Range: 6001-7000 Gross Vehicle Weight Rating: 6400 Height: 72.9 Width: 71.5 Wheel Base: 115.9 Wheel Dimensions: 15.0 Max Payload: 1887 Drive Type: 4WD Fuel:GAS 25 Gallon Engine:5.2L V8 NATURALLY ASPIRATED Transmission: 4 Speed AUTOMATIC Most Current Owner/Registrant/Lien Information - 02/21/2012 to 03/31/2020 Title Holders CARL A VON HARTMAN [ View Person Record ] 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) Title Number: 95260474 State Titled In: TN Original Title Date: 03/21/2015 Title Transfer Date: 12/22/2015 Lien Holders None Found Lessors None Found Title Holders CARL A VON HARTMAN [ View Person Record ] 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Title Number: 95260474 State Titled In: TN Registrant CARL ALBERT VON HARTMAN [ View Person Record ] Registered: 02/21/2012 to 03/31/2020 DOB: 06/1975, Born 44 years ago Addresses Registered to While owned by CARL ALBERT VON HARTMAN 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (12/22/2015 to 02/28/2019) 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) (02/21/2012 to 03/17/2015) Vehicle Tag History License Plate: TN V3537A Valid from: (03/17/2015 to 03/31/2020) License Plate: FL ABFI35 Valid from: (02/21/2012 to 04/15/2015) Page 29 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Original Title Date: 03/21/2015 Title Transfer Date: 03/21/2015 Lien Holders None Found Lessors None Found Title Holders CARL ALBERT VON HARTMAN [ View Person Record ] 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) DOB: 06/1975, Born 44 years ago Title Number: 0107703860 State Titled In: FL Original Title Date: 12/05/2011 Title Transfer Date: 12/05/2011 Lien Holders None Found Lessors None Found Title Holders Title Number: 0107703860 State Titled In: FL Lien Holders None Found Lessors None Found Previous Owner/Registrant/Lien Information - 08/17/2010 to 08/31/2011 Title Holders BARBARA KEY [ View Person Record ] 642 WINDSOR GREEN BLVD, GOODLETTSVILLE, TN 37072-2127 (DAVIDSON COUNTY) DOB: 03/1984, Born 36 years ago Title Number: 82292714 State Titled In: TN Original Title Date: 09/02/2010 Title Transfer Date: 09/02/2010 Registrant BARBARA KEY [ View Person Record ] Registered: 08/17/2010 to 08/31/2011 DOB: 03/1984, Born 36 years ago Addresses Registered to While owned by BARBARA KEY 642 WINDSOR GREEN BLVD, GOODLETTSVILLE, TN 37072-2127 (DAVIDSON COUNTY) (08/17/2010) Vehicle Tag History License Plate: TN 899YVQ Valid from: (08/17/2010 to 08/31/2011) Lien Holders None Found Lessors None Found Previous Owner/Registrant/Lien Information - 06/07/2005 to 06/30/2010 Title Holders DAVID W KIZER [ View Person Record ] 648 CORUM HILL RD, CASTALIAN SPRINGS, TN 37031-4644 Registrant DAVID W KIZER [ View Person Record ] Registered: 06/07/2005 to 06/30/2010 DOB: 07/1974, Born 45 years ago Page 30 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 (SUMNER COUNTY) DOB: 07/1974, Born 45 years ago Title Number: 72164905 State Titled In: TN Original Title Date: 06/08/2005 Title Transfer Date: 06/08/2005 Addresses Registered to While owned by DAVID W KIZER 648 CORUM HILL RD, CASTALIAN SPRINGS, TN 37031-4644 (SUMNER COUNTY) (06/07/2005 to 06/20/2009) Vehicle Tag History License Plate: TN 818MDN Valid from: (07/03/2007 to 06/30/2010) Previous License Plate: TN SJL185 License Plate: TN SJL185 Valid from: (06/07/2005 to 06/30/2006) Lien Holders M & I MARSHALL & ILSLEY BANK Lessors None Found Previous Owner/Registrant/Lien Information - 08/14/2002 to 06/30/2005 Title Holders ANN L ALEXANDER [ View Person Record ] 724 BAY POINT DR, GALLATIN, TN 37066-4408 (SUMNER COUNTY) Title Number: 65626730 State Titled In: TN Original Title Date: 09/06/2002 Title Transfer Date: 09/06/2002 Lien Holders AMSOUTH BANK Registrant ANN L ALEXANDER [ View Person Record ] Registered: 08/14/2002 to 06/30/2005 Addresses Registered to While owned by ANN L ALEXANDER 724 BAY POINT DR, GALLATIN, TN 37066-4408 (SUMNER COUNTY) (08/14/2002 to 08/21/2004) Vehicle Tag History License Plate: TN RAIN Valid from: (08/21/2004 to 06/30/2005) Previous License Plate: TN LWD883 License Plate: TN LWD883 Valid from: (08/14/2002 to 06/30/2005) Lessors None Found Previous Owner/Registrant/Lien Information - 10/27/1999 to 09/30/2002 Registrant JOYCE F COOPER [ View Person Record ] Registered: 10/27/1999 to 09/30/2002 DOB: 07/1948, Born 71 years ago Title Holders None Found Addresses Registered to While owned by JOYCE F COOPER 216 DISHMAN RD, LIVINGSTON, TN 38570-8217 (OVERTON COUNTY) (10/27/1999 to 10/06/2001) Vehicle Tag History License Plate: TN GQH998 Valid from: (10/03/2000 to 09/30/2002) Previous License Plate: TN 025LJV License Plate: TN 025LJV Valid from: (10/27/1999 to 09/30/2000) Past Vehicle Information (2 Found) Registered: 01/30/2007 to 04/15/2012 2005 CADILLAC -Series: HI FEATURE V6 -Model: CTS VIN: 1G6DP567X50125676 Doors: 4 MSRP: $33,135 Page 31 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Body Style: SEDAN -Vehicle Type: Passenger Car Weight: 3509 lbs -Length: 190.1" Color: Grey Most Current Tag #: SC PNS121 Valid from: (03/23/2018 to 03/15/2020) Plant: LANSING, MICHIGAN Restraint Type: DRIVER AND PASSENGER FRONT, FRONT SIDE, FRONT AND REAR HEAD AIRBAGS, ACTIVE BELTS Height: 56.7 Width: 70.6 Wheel Base: 113.4 Wheel Dimensions: 16.0 Drive Type: RWD Fuel:GAS 17 Gallon Engine:3.6L V6 NATURALLY ASPIRATED Most Current Owner/Registrant/Lien Information - 03/23/2018 to 03/15/2020 Registrant NICO J WORMWOTH Registered: 03/23/2018 to 03/15/2020 Title Holders NICO J WORMWOTH Title Number: 770810349435984 State Titled In: SC Original Title Date: 06/22/2018 Title Transfer Date: 06/22/2018 Addresses Registered to While owned by NICO J WORMWOTH 155 BELLEPLAINE DR, GOOSE CREEK, SC 29445-7237 (BERKELEY COUNTY) (03/23/2018) Lien Holders None Found Vehicle Tag History License Plate: SC PNS121 Valid from: (03/23/2018 to 03/15/2020) Lessors None Found Title Holders NICO J WORMWOTH 155 BELLEPLAINE DR, GOOSE CREEK, SC 29445-7237 (BERKELEY COUNTY) Title Number: 770810344824448 State Titled In: SC Original Title Date: 03/26/2018 Title Transfer Date: 03/26/2018 Lien Holders None Found Lessors None Found Previous Owner/Registrant/Lien Information - 01/30/2007 to 04/15/2012 Title Holders Title Number: 0097667980 State Titled In: FL Registrant CARL ALBERT VONHARTMAN [ View Person Record ] Registered: 01/30/2007 to 04/15/2012 DOB: 06/1975, Born 44 years ago Lien Holders Addresses Registered to While owned by CARL ALBERT Page 32 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 None Found VONHARTMAN 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) (03/03/2009 to 03/02/2011) 2601 HILLSBORO PIKE APT E1, NASHVILLE, TN 37212-5611 (DAVIDSON COUNTY) (03/09/2008) 13205 LAKE LIVE OAK DR, ORLANDO, FL 32828-7732 (ORANGE COUNTY) (01/30/2007) Lessors None Found Vehicle Tag History License Plate: FL S420YN Valid from: (01/30/2007 to 04/15/2012) Registered: 11/10/2005 to 04/15/2007 2000 DODGE -Series: QUAD -Model: DAKOTA VIN: 1B7GG2AN4YS624707 Body Style: PICKUP -Vehicle Type: Truck Weight: 4262 lbs -Length: 215.1" Color: White Doors: 4 MSRP: $23,385 Plant: WARREN, MICHIGAN Restraint Type: DRIVER AND PASSENGER FRONT AIRBAGS, ACTIVE BELTS Gross Vehicle Weight Range: 5001-6000 Gross Vehicle Weight Rating: 5630 Height: 66.3 Width: 71.6 Wheel Base: 131 Wheel Dimensions: 15.0 Max Payload: 1350 - 1450 Drive Type: 4WD Fuel:GAS 24 Gallon Engine:4.7L V8 NATURALLY ASPIRATED Most Current Owner/Registrant/Lien Information Title Holders GEICO 5152 126TH AVE N, CLEARWATER, FL 33760-4615 (PINELLAS COUNTY) Title Number: 0082323285 State Titled In: FL Original Title Date: 06/07/2018 Title Transfer Date: 06/07/2018 Registrant None Found Lien Holders None Found Lessors None Found Page 33 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Previous Owner/Registrant/Lien Information - 01/03/2018 to 01/18/2019 Title Holders AMY LOU DONOHUE [ View Person Record ] 1458 HATHAWAY AVE, SPRING HILL, FL 34608-5116 (HERNANDO COUNTY) GARET TOD DELK [ View Person Record ] 1458 HATHAWAY AVE, SPRING HILL, FL 34608-5116 (HERNANDO COUNTY) Title Number: 0082323285 State Titled In: FL Original Title Date: 01/03/2018 Title Transfer Date: 01/03/2018 Lien Holders None Found Registrant AMY LOU DONOHUE [ View Person Record ] Registered: 01/03/2018 to 01/18/2019 Addresses Registered to While owned by AMY LOU DONOHUE 1458 HATHAWAY AVE, SPRING HILL, FL 34608-5116 (HERNANDO COUNTY) (01/03/2018) Registrant GARET TOD DELK [ View Person Record ] Registered: 01/03/2018 to 01/18/2019 Addresses Registered to While owned by GARET TOD DELK 1458 HATHAWAY AVE, SPRING HILL, FL 34608-5116 (HERNANDO COUNTY) (01/03/2018) Vehicle Tag History License Plate: FL IVZP07 Valid from: (01/03/2018) Lessors None Found Previous Owner/Registrant/Lien Information - 03/29/2011 to 03/30/2018 Title Holders AXIE ANN GRIMES [ View Person Record ] 20336 SE 155TH ST, UMATILLA, FL 32784-8243 (MARION COUNTY) PO BOX 795, WEIRSDALE, FL 32195-0795 (MARION COUNTY) DOB: 03/1963, Born 57 years ago Title Number: 0082323285 State Titled In: FL Original Title Date: 02/18/2011 Title Transfer Date: 02/18/2011 Registrant AXIE ANN GRIMES [ View Person Record ] Registered: 03/29/2011 to 03/30/2018 DOB: 03/1963, Born 57 years ago Addresses Registered to While owned by AXIE ANN GRIMES 20336 SE 155TH ST, UMATILLA, FL 32784-8243 (MARION COUNTY) (03/29/2013 to 03/30/2017) PO BOX 795, WEIRSDALE, FL 32195-0795 (MARION COUNTY) (03/29/2011 to 03/20/2012) Vehicle Tag History License Plate: FL HCYT53 Valid from: (03/30/2017 to 03/30/2018) License Plate: FL 732HUX Valid from: (03/29/2011 to 03/30/2017) Lien Holders None Found Lessors None Found Previous Owner/Registrant/Lien Information - 02/19/2010 to 03/20/2010 Title Holders CHRISTOPHER KEITH KMIECIAK [ View Person Record ] 11318 CIRCLE WAY, LEESBURG, FL 34788-4432 (LAKE COUNTY) DOB: 09/1985, Born 34 years ago Title Number: 0082323285 State Titled In: FL Original Title Date: 03/22/2010 Title Transfer Date: 03/22/2010 Lien Holders LAKE JEM AUTO & MARINE SALES INC Registrant CHRISTOPHER KEITH KMIECIAK [ View Person Record ] Registered: 02/19/2010 to 03/20/2010 DOB: 09/1985, Born 34 years ago Addresses Registered to While owned by CHRISTOPHER KEITH KMIECIAK 11318 CIRCLE WAY, LEESBURG, FL 34788-4432 (LAKE COUNTY) (02/19/2010) Vehicle Tag History License Plate: FL ULJ4P Valid from: (03/22/2010) Previous License Plate: FL AHH4910 License Plate: FL AHH4910 Valid from: (02/19/2010 to 03/20/2010) Lessors Page 34 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 None Found Previous Owner/Registrant/Lien Information - 05/08/2008 to 04/23/2009 Title Holders KELLY YVONNE CHANLEY [ View Person Record ] 14207 GOLDRUSH CT, ASTATULA, FL 34705-9209 (LAKE COUNTY) DOB: 11/1959, Born 60 years ago RODERICK MICHAEL CHANLEY [ View Person Record ] 14207 GOLDRUSH CT, ASTATULA, FL 34705-9209 (LAKE COUNTY) DOB: 04/1990, Born 30 years ago Title Number: 0082323285 State Titled In: FL Original Title Date: 02/06/2008 Title Transfer Date: 02/06/2008 Registrant KELLY YVONNE CHANLEY [ View Person Record ] Registered: 05/08/2008 to 04/23/2009 DOB: 11/1959, Born 60 years ago Addresses Registered to While owned by KELLY YVONNE CHANLEY 14207 GOLDRUSH CT, ASTATULA, FL 34705-9209 (LAKE COUNTY) (05/08/2008) Registrant RODERICK MICHAEL CHANLEY [ View Person Record ] Registered: 05/08/2008 to 04/23/2009 DOB: 04/1990, Born 30 years ago Addresses Registered to While owned by RODERICK MICHAEL CHANLEY 14207 GOLDRUSH CT, ASTATULA, FL 34705-9209 (LAKE COUNTY) (05/08/2008) Lien Holders LAKE JEM AUTO & MARINE SALES INC Lessors None Found Vehicle Tag History License Plate: FL G993RJ Valid from: (05/08/2008 to 04/23/2009) Previous Owner/Registrant/Lien Information - 03/26/2007 to 04/10/2008 Title Holders MARY RUSSELL TIPTON [ View Person Record ] 11924 LANE PARK RD, TAVARES, FL 32778-9341 (LAKE COUNTY) Title Number: 0082323285 State Titled In: FL Original Title Date: 03/15/2007 Title Transfer Date: 03/15/2007 Lien Holders BRASWELL AUTO SALES INC Registrant MARY RUSSELL TIPTON [ View Person Record ] Registered: 03/26/2007 to 04/10/2008 Addresses Registered to While owned by MARY RUSSELL TIPTON 11924 LANE PARK RD, TAVARES, FL 32778-9341 (LAKE COUNTY) (03/26/2007) Vehicle Tag History License Plate: FL W71TLH Valid from: (03/26/2007 to 04/10/2008) Lessors None Found Previous Owner/Registrant/Lien Information - 11/10/2005 to 04/15/2007 Title Holders None Found Registrant CARL ALBERT VONHARTMAN [ View Person Record ] Registered: 11/10/2005 to 04/15/2007 DOB: 04/1984, Born 36 years ago Addresses Registered to While owned by CARL ALBERT VONHARTMAN 4250 ALAFAYA TRL STE 212, OVIEDO, FL 32765-9424 (SEMINOLE COUNTY) (03/07/2006) 3566 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (11/10/2005) Page 35 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Vehicle Tag History License Plate: FL S420YN Valid from: (03/07/2006 to 04/15/2007) Previous Owner/Registrant/Lien Information - 10/02/2003 to 10/31/2005 Title Holders KENNETH KEITH ROSE [ View Person Record ] 1701 NW 46TH AVE APT 107, LAUDERHILL, FL 33313-4914 (BROWARD COUNTY) Title Number: 0082323285 State Titled In: FL Lien Holders LAKE JEM AUTO & MARINE SALES INC Registrant KENNETH KEITH ROSE [ View Person Record ] Registered: 10/02/2003 to 10/31/2005 Addresses Registered to While owned by KENNETH KEITH ROSE 1701 NW 46TH AVE APT 107, LAUDERHILL, FL 33313-4914 (BROWARD COUNTY) (10/02/2003 to 10/25/2004) Vehicle Tag History License Plate: FL P395YJ Valid from: (10/25/2004 to 10/31/2005) Previous License Plate: FL T72IKV License Plate: FL T72IKV Valid from: (10/02/2003 to 10/31/2004) BRASWELL AUTO SALES INC DAIMLERCHRYSLER LLC SPECTRUM FCU Lessors None Found Title Holders Title Number: 0082323285 State Titled In: FL Original Title Date: 10/02/2003 Title Transfer Date: 10/02/2003 Lien Holders DAIMLERCHRYSLER LLC Lessors None Found Previous Owner/Registrant/Lien Information - 06/25/2001 to 07/01/2003 Title Holders JULIE ANN CHAPARRO [ View Person Record ] 1971 NW 66TH AVE, HOLLYWOOD, FL 33024-4003 (BROWARD COUNTY) MAXIMINO CHAPARRO [ View Person Record ] 1971 NW 66TH AVE, HOLLYWOOD, FL 33024-4003 (BROWARD COUNTY) Title Number: 0082323285 State Titled In: FL Original Title Date: 05/10/2002 Title Transfer Date: 05/10/2002 Lien Holders SPECTRUM FCU Lessors None Found Registrant JULIE ANN CHAPARRO [ View Person Record ] Registered: 06/25/2001 to 07/01/2003 Addresses Registered to While owned by JULIE ANN CHAPARRO 1971 NW 66TH AVE, HOLLYWOOD, FL 33024-4003 (BROWARD COUNTY) (06/25/2001 to 06/26/2002) Registrant MAXIMINO CHAPARRO [ View Person Record ] Registered: 06/25/2001 to 07/01/2003 Addresses Registered to While owned by MAXIMINO CHAPARRO 1971 NW 66TH AVE, HOLLYWOOD, FL 33024-4003 (BROWARD COUNTY) (06/25/2001 to 06/26/2002) Vehicle Tag History License Plate: FL E33BIZ Valid from: (06/26/2002 to 07/01/2003) Page 36 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 FL Accidents (2 Found) Crash Date: 12/27/2001 At Fault: Vehicle 2 - Not Drinking or Using Drugs Accident Indicators: Total Number Of Vehicles: 2 Total Number Of Injuries: 1 Accident Details: Accident Summary: Crash Date: 12/27/2001 Vehicle 1 (INCLUDES SUBJECT), driven by CARL A VONHARTMAN, a 35 year old male, was doing 55 MPH in a 55 MPH zone and vehicle driver not cited for moving violation. The driver was not injured. Image Number: 13654174110 Vehicle 2, driven by ROBERT C SMITH 2, a 44 year old male, was doing 15 MPH in a 55 MPH zone and vehicle driver cited for moving violation (excludes properly parked vehicles, bicycles, and certain government vehicles). The driver was not injured. Passenger SAN DI L SMITH was possibly injured. Vehicle 1: Driver Not At Fault - Not Drinking or Using Drugs Indicators: Owner: Driver Is Present: Yes Dummy Record: No Estimated Vehicle Damage: $2,000 Name: STORMI L NORMAN [ View Person Record ] Address: 37009 CALHOUN RD, EUSTIS, FL 32736-8501 (LAKE COUNTY) Ethnicity: Unknown Insurance: Driver: Name: CARL A VONHARTMAN [ View Person Record ] Insured: Insured Address: EUSTIS, FL 32726 (LAKE COUNTY) Residence: County Of Crash DOB: 04/15/1984, Born 35 years ago Gender: M Driver's License Number: V563121841350 Issuing State: FL License Type: Class E/Operator Endorsements: Not Applicable Vehicle: VIN: 1B7GL22X0X524135 Vehicle Year: 1999 Vehicle Type: Pickup/ Light Truck (2 rear tires) Vehicle Tag State: FL Trailer Type: N/A Vehicle Use: Private Transportation Placarded: No DHSMV Vehicle: N/A Alcohol Drug Test Type: None Alcohol Drug Test Results: N/A Alcohol Drug Use: Not Drinking or Using Drugs Other Contributing Factors: No Defects Known Vehicle Details: Estimated MPH: 55 Posted Speed: 55 Vehicle Fault: Vehicle driver not cited for moving violation Injury Severity: No Injury - Indicates there is no reason to believe any person received bodily harm from the crash. First Safety Equipment: Seat Belt/Shoulder Harness First Contributing Cause: No Improper Driving/Action Page 37 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Vehicle Movement: Straight Ahead Vehicle Special Function: None First Vehicle Defect: No Defects Second Vehicle Defect: N/A Hazardous Materials Transported: No Ejected: No Recommend Driver's License Re-Exam: No Driver Not At Fault Not Drinking or Using Drugs Vehicle Disability: Functional Damage Passengers: None Vehicle 2: Driver At Fault - Not Drinking or Using Drugs Indicators: Owner: Driver Is Present: Yes Dummy Record: No Estimated Vehicle Damage: $2,000 Name: ROBERT C SMITH II [ View Person Record ] Address: 730 DONNELLY ST, EUSTIS, FL 32726-4714 (LAKE COUNTY) DOB: 05/29/1975 (44) Driver's License: XXXX-XXX-XX-XXX-X First Issued: 05/27/1997 Expiration: 05/29/2027 Height: 6'0" Gender: M Ethnicity: White Insurance: Insured: Insured Vehicle: VIN: 1FTBR10T4HUB56299 Vehicle Year: 1987 Vehicle Type: Pickup/ Light Truck (2 rear tires) Vehicle Tag State: FL Trailer Type: N/A Driver: Name: ROBERT C SMITH 2 [ View Person Record ] Address: EUSTIS, FL 32726 (LAKE COUNTY) Residence: County Of Crash DOB: 05/29/1975, Born 44 years ago Gender: M Driver's License Number: S530763751890 Issuing State: FL License Type: Class E/Operator Endorsements: Not Applicable Vehicle Use: Private Transportation Placarded: No DHSMV Vehicle: N/A Vehicle Details: Estimated MPH: 15 Posted Speed: 55 Vehicle Fault: Vehicle driver cited for moving violation (excludes properly parked vehicles, bicycles, and certain government vehicles) Vehicle Movement: Making U-Turn Vehicle Special Function: None First Vehicle Defect: No Defects Second Vehicle Defect: N/A Hazardous Materials Transported: No Alcohol Drug Test Type: None Alcohol Drug Test Results: N/A Alcohol Drug Use: Not Drinking or Using Drugs Other Contributing Factors: No Defects Known Injury Severity: No Injury - Indicates there is no reason to believe any person received bodily harm from the crash. First Safety Equipment: Seat Belt/Shoulder Harness First Contributing Cause: Careless Driving Ejected: No Recommend Driver's License Re-Exam: No Vehicle Disability: Disabling Damage Driver At Fault Not Drinking or Using Drugs Passengers: Name: SANDI L SMITH [ View Person Record ] Address: 730 DONNELLY ST, EUSTIS, FL 32726-4714 (LAKE COUNTY) Passenger Number: 01 Location In Vehicle: Front Right Injury Severity: Possible Injury - No visible signs of injury but complaint of pain or momentary unconsciousness. Page 38 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 First Safety Equipment: Seat Belt/Shoulder Harness Ejected: Not Ejected Crash Date: 06/12/2000 At Fault: Vehicle 1 - Not Drinking or Using Drugs Accident Indicators: Total Number Of Vehicles: 2 Total Number Of Injuries: 3 Total Property Damage: $500 Accident Details: Crash Date: 06/12/2000 Accident Summary: Image Number: 01881420096 Vehicle 1 (INCLUDES SUBJECT), driven by CARL A VONHARTMAN, a 35 year old male, was doing 65 MPH in a 55 MPH zone and vehicle driver cited for moving violation (excludes properly parked vehicles, bicycles, and certain government vehicles). The driver was non-incapacitating evident injury - visible injuries from the such as bruises, abrasions, limping, etc.. Passenger MATTHEW ROMAN was possibly injured. Vehicle 2, driven by ROSS E LISHEN, a 62 year old male, was doing 55 MPH in a 55 MPH zone and vehicle driver not cited for moving violation. The driver was possibly injured. Vehicle 1: Driver At Fault - Not Drinking or Using Drugs Indicators: Owner: Driver Is Present: Yes Dummy Record: No Estimated Vehicle Damage: $10,000 Name: STORMI L NORMAN [ View Person Record ] Address: 37009 CALHOUN RD, EUSTIS, FL 32736-8501 (LAKE COUNTY) Ethnicity: Unknown Insurance: Driver: Name: CARL A VONHARTMAN [ View Person Record ] Insured: Insured Address: EUSTIS, FL 32736 (LAKE COUNTY) Residence: County Of Crash DOB: 04/15/1984, Born 35 years ago Gender: M Driver's License Number: V563121841350 Issuing State: FL License Type: Class E/Operator Endorsements: Not Applicable Vehicle: VIN: 1GCCT19W6WB171372 Vehicle Year: 1998 Vehicle Type: Pickup/ Light Truck (2 rear tires) Vehicle Tag State: FL Trailer Type: N/A Vehicle Use: Private Transportation Placarded: No DHSMV Vehicle: N/A Alcohol Drug Test Type: None Alcohol Drug Test Results: N/A Alcohol Drug Use: Not Drinking or Using Drugs Other Contributing Factors: No Defects Known Vehicle Details: Estimated MPH: 65 Posted Speed: 55 Vehicle Fault: Vehicle driver cited for moving violation (excludes properly parked vehicles, bicycles, and certain government vehicles) Injury Severity: Non-Incapacitating Evident Injury - Visible injuries from the such as bruises, abrasions, limping, etc. First Safety Equipment: Seat Belt/Shoulder Harness First Contributing Cause: Careless Driving Second Contributing Cause: Drove Left Of Center Third Contributing Cause: Exceeded Stated Speed Limit Page 39 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Vehicle Movement: Straight Ahead Vehicle Special Function: None First Vehicle Defect: No Defects Second Vehicle Defect: N/A Hazardous Materials Transported: No Ejected: No Recommend Driver's License Re-Exam: No Driver At Fault Not Drinking or Using Drugs Vehicle Disability: Disabling Damage Passengers: Name: MATTHEW ROMAN [ View Person Record ] Address: 909 KENTUCKY BLVD, EUSTIS, FL 32726-5119 (LAKE COUNTY) Passenger Number: 01 Location In Vehicle: Front Right Injury Severity: Possible Injury - No visible signs of injury but complaint of pain or momentary unconsciousness. First Safety Equipment: Seat Belt/Shoulder Harness Ejected: Not Ejected Vehicle 2: Driver Not At Fault - Not Drinking or Using Drugs Indicators: Owner: Driver Is Present: Yes Dummy Record: No Estimated Vehicle Damage: $5,000 Business Name: CURREY THE FLORIST [ View Business Record ] Address: 16 E INDIANA AVE, DELAND, FL 37734 Ethnicity: Unknown Insurance: Driver: Insured: Uninsured Name: ROSS E LISHEN [ View Person Record ] Address: PIERSON, FL 32180 (VOLUSIA COUNTY) Residence: Elsewhere In State DOB: 06/14/1957, Born 62 years ago Gender: M Driver's License Number: L250725572140 Issuing State: FL License Type: Class E/Operator Endorsements: Not Applicable Vehicle: VIN: 1FTCA14U8AZA55042 Vehicle Year: 1987 Vehicle Type: Passenger Van Vehicle Tag State: FL Trailer Type: N/A Vehicle Use: Private Transportation Placarded: No DHSMV Vehicle: N/A Alcohol Drug Test Type: None Alcohol Drug Test Results: N/A Alcohol Drug Use: Not Drinking or Using Drugs Other Contributing Factors: No Defects Known Vehicle Details: Injury Severity: Possible Injury - No visible signs of injury but complaint of pain or momentary unconsciousness. First Safety Equipment: Seat Belt/Shoulder Harness First Contributing Cause: No Improper Driving/Action Ejected: No Recommend Driver's License Re-Exam: No Estimated MPH: 55 Posted Speed: 55 Vehicle Fault: Vehicle driver not cited for moving violation Vehicle Movement: Straight Ahead Vehicle Special Function: None First Vehicle Defect: No Defects Second Vehicle Defect: N/A Hazardous Materials Transported: No Vehicle Disability: Disabling Damage Driver Not At Fault Not Drinking or Using Drugs Passengers: None Page 40 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Global Watch Lists (None Found) US Business Affiliations (1 Found) Business Details INTUIHEALTH LLC (Primary) Link Number: 103369120 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) (2009 to 02/09/2018) UCC Filings (None Found) US Corporate Affiliations (1 Found) Incorporation State: TN INTUIHEALTH LLC (Primary) Address: 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Filing Number: 000609054 Link Number: 103369120 Filing Office Link Number: 1809788780 Corporation Type: Corporation Registration Type: Limited Liability Company Verification Date: 02/01/2018 Filing Date: 08/27/2009 Sec State Status Date: 08/08/2010 Date First Seen: 09/05/2009 Date Last Seen: 02/09/2018 Received Date: 02/06/2018 Sec State Annual Report Due Date: 04/01/2010 Perpetual Indicator: Y Misc Details: FISCAL YEAR ENDS IN DEC. Filing Office Name: SECRETARY OF STATE/CORPORATIONS DIVISION Filing Office Address: 505 DEADERICK ST, NASHVILLE, TN 37243-1402 (DAVIDSON COUNTY) File Date: 02/10/2018 Sec Status: TN27 Corporate Officers and Directors CARL VONHARTMAN , Title: Registered Agent 1004 CAROLYN AVE, NASHVILLE, TN 37216-3612 (DAVIDSON COUNTY) Aircraft Records (None Found) Pilot Licenses (None Found) Voter Registrations (1 Found) Page 41 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 Name: CARL ALBERT VON HARTMAN Address: 3808 LAKERIDGE RUN, NASHVILLE, TN 37214 (DAVIDSON COUNTY) Date of Registration: 12/03/2014 DOB: 04/15/1984 (35) Party: NON-PARTISAN Gender: Male Hunting Permits (None Found) Weapon Permits (None Found) Possible Relatives - Summary (29 Found) > JERI WALLIS VONHARTMAN 09/1957 Age: 62 > STORMI DEMARCO VONHARTMAN 05/1958 Age: 61 >> PAUL W NORMAN 12/1925 Age: 94 Died at (64) >>> PAUL HOWARD NORMAN 09/1946 Age: 73 >>> MARGARET SUE NORMAN 07/1947 Age: 72 >>> JONATHAN PATRICK NORMAN 07/1981 Age: 38 >>> KATHERINE LYNN GAY 01/1979 Age: 41 >> WILLIAM FRANKLIN NORMAN 06/1981 Age: 38 >>> NUNO MIGUEL MONIZ 03/1980 Age: 40 >> ROBERT PAUL NORMAN 09/1983 Age: 36 >>> DENNIS R NORMAN 01/1947 Age: 73 >>> BRADLEY PHILLIP NORMAN 08/1993 Age: 26 >>> AMANDA NORMAN WEEKLEY 05/1988 Age: 31 >>> CHRISTY MARIE WAINSCOTT 12/1978 Age: 41 >>> KIMBERLY ANN PRATER 11/1976 Age: 43 >>> SUSAN KATHLEEN NORMAN 06/1948 Age: 71 >>> RICHARD WAYNE NORMAN 09/1990 Age: 29 >> PAUL EDDIE NORMAN 09/1946 Age: 73 Died at (63) >>> HELEN J NORMAN 09/1963 Age: 56 >>> JENNIFER NOEL NORMAN 11/1982 Age: 37 >>> JILL ANN LAY 04/1964 Age: 55 >>> MICKIE LEONARD COOK 01/1948 Age: 72 >>> LORENA NORTON NORMAN 11/1927 Age: 92 >>> PHILLIP W NORMAN 03/1958 Age: 62 Died at (46) >>> MILDRED L NORMAN >> ROGER FRANCIS MURTIE 07/1955 Age: 64 >>> MARY THERESE MURTIE 04/1956 Age: 63 >> BRECON ALEXANDER MURTIE 06/1988 Age: 31 >> EDDIE NORMAN 09/1946 Age: 73 Likely Associates - Summary (12 Found) Page 42 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 GINILOU DEMARCO 04/1934 Age: 85 ROGER FRANCIS MURTIE 07/1955 Age: 64 PAUL EDDIE NORMAN 09/1946 Age: 73 Died at (63) WILLIAM FRANKLIN NORMAN 06/1981 Age: 38 CURTIS DALE YODER 07/1968 Age: 51 ROBERT PAUL NORMAN 09/1983 Age: 36 JAYELYNN COOPER HUME 07/1956 Age: 63 JEFFREY HILES 05/1958 Age: 61 RANDOLPH S WATERHOUSE 03/1955 Age: 65 EVLYNN R WATERHOUSE 03/1956 Age: 64 NUNO MIGUEL MONIZ 03/1980 Age: 40 TONYA MARIE BABSON 11/1974 Age: 45 Possible Associates - Summary (30 Found) ORTHA DEANA GREENE 08/1956 Age: 63 RAY LEWIS FINKLE 03/1944 Age: 76 BEVERLY WRIGHT FINKLE 09/1951 Age: 68 VINCENT MARK JENNELLE 12/1958 Age: 61 STEPHEN DEAN JENNELLE 08/1954 Age: 65 PAMELA JANE JENNELLE 03/1959 Age: 61 LOUISA MABEL JENNELLE 03/1933 Age: 87 Died at (66) ALEXANDRA ELIZABETH JENNELLE 03/1986 Age: 34 D VONSTORMI DONALD D JENNELLE 07/1933 Age: 86 Died at (60) PENNY E KOPUS 09/1949 Age: 70 SCOTT WILLIAM LOCKWOOD 05/1963 Age: 56 PAUL W NORMAN 12/1925 Age: 94 Died at (64) BRECON ALEXANDER MURTIE 06/1988 Age: 31 EDDIE NORMAN 09/1946 Age: 73 AMBER L BANKS 06/1978 Age: 41 SETH BENJAMIN BANKS 10/1977 Age: 42 OSCAR C HUNTER 04/1932 Age: 88 Died at (79) BONNIE JEAN MATERA 04/1983 Age: 36 JEJUAN TERRELL HAMER 09/1979 Age: 40 JACQUITA LATREESE DAUGHERTY 03/1984 Age: 36 GALYA Z ILIEVA 11/1976 Age: 43 MAYA A ANGELOVA 05/1970 Age: 49 DAVID MICHEAL WOMACK 07/1965 Age: 54 Died at (45) LARRY VICTOR WISE 11/1943 Age: 76 JERRY LEE WESTBROOK 02/1965 Age: 55 ARI NATAN SULBY 08/1986 Age: 33 ROUMEN I ILIEV 01/1973 Age: 47 SARA JAYNE HARPER 02/1966 Age: 54 SARAH J RICKETSON 02/1918 Age: 102 Died at (78) Neighbor Phones (30 Found) Neighbors' Phones for 3808 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY)( 06/2015 to 04/02/2020) Page 43 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 3809 LAKERIDGE RUN, NASHVILLE, TN 37214-2696 (DAVIDSON COUNTY) (615) 889-4563 (CT)- MUSE, KAREN KAREN MUSE [ View Person Record ] Age: 67 3809 LAKERIDGE RUN, NASHVILLE, TN 37214-2696 (DAVIDSON COUNTY) (615) 889-4563 (CT)- MUSE, JERRY JERRY MUSE [ View Person Record ] Age: 79 3812 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (615) 885-8211 (CT)- ADCOCK, JOE & SHARON SHARON ADCOCK [ View Person Record ] Age: 63 3812 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (615) 885-8211 (CT)- ADCOCK, JOE & SHARON JOE ADCOCK [ View Person Record ] Age: 62 3804 LAKERIDGE RUN, NASHVILLE, TN 37214-2695 (DAVIDSON COUNTY) (615) 884-8652 (CT)- COAKLEY, JIM COAKLEY JIM COAKLEY COAKLEY [ View Person Record ] Age: 90 Died at (71) 3832 LAKERIDGE RUN, NASHVILLE, TN 37214-6200 (DAVIDSON COUNTY) (615) 884-0077 (CT)- GARLAND, M M GARLAND [ View Person Record ] Age: 67 3837 LAKERIDGE RUN, NASHVILLE, TN 37214-2696 (DAVIDSON COUNTY) (615) 891-1312 (CT)- ANDERSON, CHRISTIE (615) 891-1016 (CT)- ANDERSON, CHRISTIE CHRISTIE ANDERSON [ View Person Record ] Age: 53 3908 LAKERIDGE RUN, NASHVILLE, TN 37214-2697 (DAVIDSON COUNTY) (615) 885-3384 (CT)- WILLS, DOUGLAS AND EMILY EMILY WILLS [ View Person Record ] Age: 83 3908 LAKERIDGE RUN, NASHVILLE, TN 37214-2697 (DAVIDSON COUNTY) (615) 885-3384 (CT)- WILLS, DOUGLAS AND EMILY DOUGLAS WILLS [ View Person Record ] Age: 85 Neighbors' Phones for 356 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-6317 (ALLEN COUNTY)( 09/05/2008 to 03/2020) 356 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-6317 (ALLEN COUNTY) (270) 618-7147 (CT)- BALE, BENJAMIN BENJAMIN BALE [ View Person Record ] Age: 37 301 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-6317 (ALLEN COUNTY) (270) 622-3307 (CT)- WEST, KEITH & DAPHNE KEITH WEST [ View Person Record ] Age: 63 301 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-6317 (ALLEN COUNTY) (270) 622-3307 (CT)- WEST, KEITH & DAPHNE DAPHNE WEST [ View Person Record ] Age: 55 296 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8391 (ALLEN COUNTY) (270) 618-8841 (CT)- CLARK, CHELSEA CHELSEA CLARK [ View Person Record ] Age: 25 275 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8391 (ALLEN COUNTY) (270) 622-4350 (CT)- WRIGHT, JOHN C JOHN C WRIGHT [ View Person Record ] Age: 51 Page 44 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 272 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8391 (ALLEN COUNTY) (270) 618-4985 (CT)- DESMAN, DAVID & RITA RITA DESMAN [ View Person Record ] Age: 70 272 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8391 (ALLEN COUNTY) (270) 618-4985 (CT)- DESMAN, DAVID & RITA DAVID DESMAN [ View Person Record ] Age: 71 165 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8375 (ALLEN COUNTY) (270) 618-6690 (CT)- SMITH, ROBERT & TERRI TERRI SMITH [ View Person Record ] Age: 56 165 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8375 (ALLEN COUNTY) (270) 618-6690 (CT)- SMITH, ROBERT & TERRI ROBERT SMITH [ View Person Record ] Age: 61 150 VALLEY VIEW DR, SCOTTSVILLE, KY 42164-8375 (ALLEN COUNTY) (270) 618-6505 (CT)- SWIFT, BRIAN BRIAN SWIFT [ View Person Record ] Age: 45 Neighbors' Phones for 3566 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY)( 11/10/2005 to 04/12/2018) 3544 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (352) 729-2182 (ET)- LESTER, JAMES JAMES LESTER [ View Person Record ] Age: 49 3608 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (352) 383-5994 (ET)- BASISTA, SUSAN & JOHN JR SUSAN BASISTA [ View Person Record ] Age: 62 3608 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (352) 383-5994 (ET)- BASISTA, SUSAN & JOHN JR JOHN BASISTA [ View Person Record ] Age: 68 3611 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4529 (LAKE COUNTY) (352) 729-2594 (ET)- SWEDBERG, GARY GARY SWEDBERG [ View Person Record ] Age: 65 3516 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) (352) 735-0119 (ET)- KLEINBERG, PHILIP J PHILIP J KLEINBERG [ View Person Record ] Age: 69 3635 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4529 (LAKE COUNTY) (352) 383-1410 (ET)- MAYO, M M MAYO [ View Person Record ] Age: 62 3635 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4529 (LAKE COUNTY) (352) 383-1410 (ET)- MAYO, G G MAYO 3635 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4529 (LAKE COUNTY) (352) 383-1410 (ET)- MAYO, CHRISTA CHRISTA MAYO [ View Person Record ] Age: 34 3635 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4529 (LAKE COUNTY) (352) 383-1410 (ET)- MAYO, BRYANT BRYANT MAYO [ View Person Record ] Age: 35 3664 LAKE ELEANOR DR, MOUNT DORA, FL 32757-4530 (LAKE COUNTY) Page 45 of 46 04/02/2020 FOR LICENSED INVESTIGATOR PURPOSES ONLY CARL ALBERT VONHARTMAN-Comprehensive-Report-202004022207 (352) 385-0556 (ET)- LONG, JOHN JOHN LONG [ View Person Record ] Age: 91 Page 46 of 46 04/02/2020 Exhibit ____________________________________________________________ Transcript of 911 call made by Kortni Butterton January 29, 2020 from 1638 hours - 1706 hours ____________________________________________________________ Transcribed from a digital file by: Laurie McClain 615-351-6293 lauriemcclainmusic@gmail.com Page 2 1 RECORDING: 2 1638 and 20 seconds. 3 4 Wednesday, January 29, 2020, 911 OPERATOR: 911. emergency? 5 MS. KORTNI BUTTERTON: 6 911 OPERATOR: 7 MS. KORTNI BUTTERTON: 8 911 OPERATOR: 9 Okay. 11 911 OPERATOR: Is that a house or is this It’s a house. And the phone number you’re calling from? 13 (Recording silenced for phone number.) 14 911 OPERATOR: 15 MS. KORTNI BUTTERTON: 16 911 OPERATOR: 18 2717 Druid Drive. your apartment? MS. KORTNI BUTTERTON: 17 2717 Druid Drive. Repeat the address. 10 12 What’s the address of your Okay. Okay. And your name? Kortni Butterton. Tell me exactly what happened. MS. KORTNI BUTTERTON: I’m at my house right now. 19 And someone who has been threatening me online -- as well as 20 other women -- is at my house banging on my door. 21 banging on the side of my house. 22 911 OPERATOR: Okay. 23 MS. KORTNI BUTTERTON: He’s He is ringing my doorbell. And who is he to you? He has been here -- he -- 24 no, I don’t -- he has been here for the last five minutes, 25 and he’s still banging on my door. Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 3 1 911 OPERATOR: Okay. But who is he to you? 2 MS. KORTNI BUTTERTON: He is someone from a dating 3 app. And I told women about my past experiences with him 4 being aggressive, like he’s being right now. 5 6 911 OPERATOR: Okay. All right. Were you ever in any sort of relationship him at all? 7 MS. KORTNI BUTTERTON: 8 911 OPERATOR: 9 MS. KORTNI BUTTERTON: No. Okay. I just need someone here to 10 tell him to leave and not to come back, because he is 11 trespassing. 12 now. 13 bathroom. He is consistently ringing my doorbell right I am fucking terrified. I’m -- I’m locked in my 14 911 OPERATOR: 15 MS. KORTNI BUTTERTON: 16 911 OPERATOR: 17 MS. KORTNI BUTTERTON: 18 911 OPERATOR: 19 MS. KORTNI BUTTERTON: 20 911 OPERATOR: 21 Okay. Okay. What is it? It’s Karl Vonhartman. Yes. I’m sorry. V-o-n-h-a-r-t-m-a-n. Spell that one more time. MS. KORTNI BUTTERTON: 23 911 OPERATOR: 25 Yes. H-a-r-t for the last name? 22 24 Do you know his name? Okay. V-o-n-h-a-r-t-m-a-n. Is he Black, white, Hispanic? MS. KORTNI BUTTERTON: He’s white. Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 4 1 911 OPERATOR: 2 MS. KORTNI BUTTERTON: 3 911 OPERATOR: 4 5 About how old is he? What color of clothing is he wearing today? MS. KORTNI BUTTERTON: 6 that I could tell. 7 letting him see me. 911 OPERATOR: 9 MS. KORTNI BUTTERTON: 11 12 13 He’s got a blue hat on, But that was me trying to peek without 8 10 He’s 35. Okay. Oh, my God, he’s banging on my fucking house right now. 911 OPERATOR: You said you had to warn other people about him? MS. KORTNI BUTTERTON: Yes. Someone else made a 14 post, and all I did was say, “yes,” in agreement, “he’s been 15 aggressive with me.” 16 He’s been threatening some other woman today, 17 saying that he was going to find out where she lives and 18 where she works by the end of the day. 19 20 911 OPERATOR: And you said he was going to find out where she lived or worked? 21 MS. KORTNI BUTTERTON: Both. 22 I’ve blocked him on everything so he couldn’t 23 contact me to say any of that, but he apparently found out 24 where I lived. 25 911 OPERATOR: Were you able to see his vehicle or Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 5 1 anything? 2 3 MS. KORTNI BUTTERTON: without him seeing me. 4 911 OPERATOR: 5 Okay. 6 Okay. And you said you can still hear him right now? 7 MS. KORTNI BUTTERTON: 8 911 OPERATOR: 9 10 Okay. out for them to come out there. Yes. All right. I’ve got a call Do you want me to stay on the line with you? 11 MS. KORTNI BUTTERTON: 12 911 OPERATOR: 13 MS. KORTNI BUTTERTON: 14 I can’t see it, no, not Will you please, yeah. Yeah, that’s fine. Oh, my God. I can’t even feel fucking safe in my house. 15 Do you know how long? 16 911 OPERATOR: 17 Just let me know if the noises start going away or 18 No, I don’t know. anything like that, okay? 19 MS. KORTNI BUTTERTON: Okay. 20 [Pause in speaking] 21 [Time below represents minutes into recording only, not 22 actual time of day] 23 6:27-6:33: 24 25 MS. KORTNI BUTTERTON: He just rang my doorbell again. Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 6 1 911 OPERATOR: 2 [Pause in speaking] 3 7:27-7:55: 4 911 OPERATOR: Okay. Okay. And they are extremely 5 backed up in that area so it may be a longer response time 6 today. 7 MS. KORTNI BUTTERTON: Well, I’m basically stuck 8 in my bathroom until then, because anywhere I walk in my 9 house right now he can see me. 10 911 OPERATOR: Okay. 11 MS. KORTNI BUTTERTON: This man has been arrested 12 for battery and -- and -- burglary and battery, prior. 13 [Pause in speaking] 14 9:34-9:39: 15 16 911 OPERATOR: MS. KORTNI BUTTERTON: 18 [Pause in speaking] 19 11:14-11:22: 20 22 MS. KORTNI BUTTERTON: again. Yeah. He’s still knocking. He just rang my doorbell Definitely still here. 911 OPERATOR: 23 [Pause in speaking] 24 14:14-14:18: 25 Have you heard anything else? 17 21 Okay. 911 OPERATOR: Okay. Okay. Are you still hearing Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 7 1 anything? 2 MS. KORTNI BUTTERTON: 3 [Pause in speaking] 4 16:12-16:19: 5 6 911 OPERATOR: Okay. MS. KORTNI BUTTERTON: 8 911 OPERATOR: 10 911 OPERATOR: Okay. All right. Have you heard anything recently? MS. KORTNI BUTTERTON: Not in the last couple minutes. 15 911 OPERATOR: 16 [Pause in speaking] 17 20:45-21:06 18 19 Okay. Yeah. 19:19-19:28: 13 14 And you said you heard him [Pause in speaking] 11 12 He’s knocked. knocking again? 7 9 Yeah. 911 OPERATOR: Okay. Okay. Okay. You’re still not hearing anything? 20 MS. KORTNI BUTTERTON: No. But I still want 21 someone to come here, because I have no way to tell if he’s 22 just being quiet and -- and hiding out somewhere where I 23 can’t see. 24 bathroom, he would be able to see me (Unintelligible) place 25 (Unintelligible). But I already figured out if I were to leave the Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 8 1 911 OPERATOR: 2 [Pause in speaking] 3 23:03-23:10: 4 5 911 OPERATOR: Okay. Okay. Okay. Are you still hearing anything? 6 MS. KORTNI BUTTERTON: 7 911 OPERATOR: 8 9 10 11 Okay. [Pause in speaking] 24:36-24:44 MS. KORTNI BUTTERTON: 911 OPERATOR: 13 MS. KORTNI BUTTERTON: 14 [Pause in speaking] 15 27:39-27:50: 17 18 I can hear noises outside -- outside right now. 12 16 I’m not. 911 OPERATOR: You can hear what outside? Okay. Just noises outside. You’re going to hear a silence briefly (Unintelligible) I’ll -- I’ll be right back. MS. KORTNI BUTTERTON: Okay. 19 20 (End of recording.) * * * * * * 21 22 23 24 25 Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Page 9 1 STATE OF TENNESSEE 2 COUNTY OF DAVIDSON 3 4 5 6 7 8 9 10 11 12 13 14 15 ) ) ) I, Laurie McClain, Transcriber, DO HEREBY CERTIFY that the foregoing proceedings were transcribed by me from a digital file, and the foregoing proceedings constitute a true and correct transcript of said recording, to the best of my ability. I FURTHER CERTIFY I am not a relative or employee or attorney or counsel of any of the parties hereto, nor a relative or employee of such attorney or counsel, nor do I have any interest in the outcome or events of this action. Date 05/08/2020 _____________________ Laurie McClain Transcriber 16 17 18 19 20 21 22 23 24 25 Kortni Butterton 911 Call 1.29.20 Transcribed by Laurie McClain 615-351-6293 Index A ability, 9 action, 9 aggressive, 3-4 ALBERT, 1 am, 3, 9 anywhere, 6 apartment, 2 app, 3 apparently, 4 Are, 6, 8 are, 6 arrested, 6 attorney, 9 below, 5 blocked, 4 briefly, 8 burglary, 6 BUTTERTON, 1-8 Butterton, 1-9 C calling, 2 CARL, 1 CERTIFY, 9 clothing, 4 com, 1 consistently, 3 constitute, 9 counsel, 9 B backed, 6 banging, 2, 4 basically, 6 bathroom, 3, 6-7 battery, 6 been, 2, 4, 6 being, 3, 7 D dating, 3 DAVIDSON, 1, 9 Definitely, 6 i Index did, 4 digital, 1, 9 doorbell, 2-3, 5-6 Druid, 2 hat, 4 heard, 6-7 HEREBY, 9 hereto, 9 hiding, 7 Hispanic, 3 hours, 1 E emergency, 2 employee, 9 events, 9 exactly, 2 experiences, 3 extremely, 6 F I Is, 2-3 is, 2-4 J January, 1-2 figured, 7 foregoing, 9 found, 4 fucking, 3-5 K G gmail, 1 going, 4-5, 8 got, 4-5 H had, 4 happened, 2 Karl, 3 knocked, 7 knocking, 6-7 KORTNI, 1-8 Kortni, 1-9 L Laurie, 1-9 lauriemcclainmusic, 1 letting, 4 lived, 4 ii Index lives, 4 locked, 3 longer, 6 M made, 1, 4 McClain, 1-9 minutes, 2, 5, 7 MS, 2-8 N Nashville, 1 noises, 5, 8 nor, 9 O Oh, 4-5 online, 2 OP, 1 OPERATOR, 2-8 outcome, 9 outside, 8 Petitioner, 1 phone, 2 prior, 6 proceedings, 9 R rang, 5-6 re, 2, 7-8 recently, 7 RECORDING, 2 Recording, 2 recording, 5, 8-9 relationship, 3 relative, 9 Repeat, 2 represents, 5 Respondent, 1 response, 6 ringing, 2-3 S said, 4-5, 7, 9 saying, 4 seconds, 2 seeing, 5 SESSIONS, 1 silence, 8 silenced, 2 somewhere, 7 speaking, 5-8 stuck, 6 P parties, 9 Pause, 5-8 peek, 4 iii Index T TENNESSEE, 1, 9 Tennessee, 1 terrified, 3 threatening, 2, 4 told, 3 Transcribed, 1-9 transcribed, 9 Transcriber, 9 Transcript, 1 transcript, 9 trespassing, 3 trying, 4 worked, 4 works, 4 Y Yeah, 5-7 yeah, 5 U Unintelligible, 7-8 V vehicle, 4 VONHARTMAN, 1 Vonhartman, 3 vs, 1 W warn, 4 was, 4 wearing, 4 Were, 3-4 were, 7, 9 women, 2-3 iv Exhibit Gmail - Match Account Notice [Incident: 200418-000674] 1 of 2 https://mail.google.com/mail/u/0?ik=685b6ccd78&view=pt&search=all... Betsy Lee Match Account Notice [Incident: 200418-000674] Match Customer Care Reply-To: Match Customer Care To: Thu, Apr 23, 2020 at 9:07 AM Below is a summary of your recent interaction with our Customer Care Team. Subject Match Account Notice Response By Email (James M.) (04/23/2020 09:07 AM) Dear Elizabeth, My name is James M., and I am the Customer Experience Advocate for Match in the Corporate Office. We received your report on Carl VonHartman, thank you for sending us your concerns. I can assure you that we are absolutely interested in pursuing any situation involving those who attempt to use our site in dishonest or inappropriate ways. We have a dedicated team that works diligently to identify and take action on these kinds of members. I can verify we did receive your reported concerns about this person on 8/14/2016 and I can verify as a result of your report we took the appropriate actions in 2016 based on the information you provided. Due to the policies that protect our members' privacy and confidentiality, we cannot disclose specifics about any Match member or Match account, including your own, without a valid subpoena or search warrant directed to Match.com, LLC. In addition, because of system space restrictions we are unable to house member to member emails for more than 180 days. After 180 days member emails are automatically deleted and once the emails are deleted, we cannot retrieve them. As a result we are not able to provide the information you are requesting. Our Privacy Policy can be viewed at the following link: http://www.match.com/ registration/privacystatement.aspx Please let me know if you have any additional concerns. Warm Regards, 4/23/2020, 9:20 AM Gmail - Match Account Notice [Incident: 200418-000674] 2 of 2 https://mail.google.com/mail/u/0?ik=685b6ccd78&view=pt&search=all... James M. Customer Experience Advocate 4 Customer By CSS Web () (04/18/2020 11:13 AM) Hi there. Several years ago I reported an interaction with the man in this article: https://www.wsmv.com/news/lawsuit-filed-against-woman-who-warned-other-women-notto-date-nashville-man/article_d4f8afae-8102-11ea-bb66-6bce36e4c67e.html Would it be possible to get a copy of the report and the messages I reported? They were very threatening, and I would like to provide them to the woman he’s frivolously suing. My screenname is GaCutie14. Thank you! 00 0 0 4/23/2020, 9:20 AM