Carter Transcript

8/9/2019 Carter Transcript

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF OREGONJAMES P. CHASSE, JR.; JAMES P. )CHASSE; LINDA GERBER; and MARK 1CHASSE, individually and in his ) (>-y=J)ycapacity as Personal Representative ) ibf the ESTATE OF JAMES P. CHASSE, )JR., 1Plaintiffs, )

V. )NO. CV-07-0189-HUCHRISTOPHER HUMPHREYS; KYLE NICE; )CITY OF PORTLAND; CITY OF PORTLAND )JOHN DOE FIREFIGHTERS/PARAMEDICS; )PORTLAND POLICE BUREAU and OTHER 1PORTLAND JOHN and JANE DOE 1OFFICIALS; BRET BURTON; MULTNOMAH )COUNTY; MULTNOMAH COUNTY JOHN and )JANE DOE DEPUTY SHERIFFS and MEDICAL)PERSONNEL; MULTNOMAH COUNTY JOHN and)JANE DOE SHERIFF'S OFFICE and OTHER )OFFICIALS; TRI-COUNTY METROPOLITAN )TRANSPORTATION DISTRICT OF OREGON; )and AMERICAN MEDICAL RESPONSE )NORTHWEST, INC., )

Defendants. 1)

DEPOSITION OFTONY LEE CARTER

Taken in behalf of Defendants

August 8, 20081211 S.W. Fifth, Suite 1900

Portland. OresonShannon K. Krska, CSRcourt Reporter

4 0 0 Columbia, Suite i40 Schrmtt&Lehmann,Inc. 121sw Morrison st., Suite 850Vancouver, WA 98660 C O U R T R E P O R T E R S Portland, OR 9 7 2 0 4(3601 695-55 54 j503) 223-40 40

Fax (3601695-1737 w.slreporting.com [email protected]


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Tony Lee Carter, 8/8/2008 Chasse v. Humphreys2

APPEARANCESFor the Plaintiffs: MR. THOMAS M. STEENSON

Attorney at Law815 S.W. Second, Suite 500Portland, OR 97204

For the Defendants MR. JAMES RICEHumphreys, Nice, and Attorney at LawCity of Portland: 1221 S.W. Fourth, Suite 430

Portland, OR 97204For the Defendants MS. SUSAN DUNAWAYBurton and Multnomah Attorney at LawCounty 501 S.E. Hawthorne, Suite 502Portland, OR 97214For the Defendant MS. JEAN BACKAMR Attorney at Law

1211 S.W. Fifth, Suite 1900Portland, OR 97204Also Present: Kari Furnanz

INDEXEXAMINATION BY:Ms. DunawayMr. RiceMs. Back

EXHIBITS[None marked.

PAGE NO.3 - 1111 - 2626 - 35

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Tony Lee Carter, 8 / 8 / 2 0 0 8 Chasse v . Humphreys3

PORTLAND, OREGON; FRIDAY, AUGUST 8, 2 0 0 88 : 5 6 AM* * *

TONY LEE CARTERcalled as a witness in behalf of the Defendants,

having first been sworn by the Reporter,testifies as follows:

EXAMINATIONBY MS. DUNAWAY:

Q. Hi, Mr. Carter. My name is Susan Dunaway.I represent Multnomah County and Deputy Bret Burton inthis case.

Have you ever had your deposition takenbefore?

A. No, I have not.Q . Have you had a chance to talk with anyone

about what a deposition is?A. NO.Q . Okay. Have you had a chance to talk with

the plaintiff's attorney at all about having yourdeposition taken?

A. Introduced just minutes ago.Q . Just minutes ago, okay.

Well, what is going to happen is I'm goingto ask you some questions. You've just taken an oath.

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Tony Lee Carter, 8 / 8 / 2 0 0 8 Chasse v. Humphreys4

Anything you say here is under penalty of perjury. Ifyou're called as a witness at trial, then anythingthat you say at trial that is inconsistent with whatyou say today could be pointed out to the jury. Doyou understand that?

A. I understand.Q. Okay. Did you have enough sleep last night

so that you'll be able to understand all my questions?A. I hope.Q. Okay. Are you on any medications?A. No.Q. Okay. If during the time that I'm asking

questions, if you don't fully understand my question,would you let me know right away so I can try torephrase it so that it's more understandable to you?

A. I will.Q. Okay. Where do you work?A. I work in Carlton.Q. In Carlton?A. Yes.Q. Okay. And what do you do?A. I'm an electrician.Q. And how long have you worked in Carlton?A. A year and a half - -Q. Okay.

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A. - - roughly.Q. Where did you work previous to that?A. Previous to that I worked in California.Q. Okay. So how long have you been in Oregon?A. About two years.Q. Were you in California or Oregon in

September ' 0 6 ?A. I was here.Q. You were here, okay.

And where were you working at that time?A. At that time - - oh, Carlton.Q. In Carlton, okay.

Well, the reason why you received a subpoenain this case is because I sent some questions to theplaintiffs' attorney, and the questions concernedclaims that the plaintiff is making against thecounty, against the city, and against the ambulancecompany in regard to certain disabilities thatplaintiff alleges that Mr. Chasse had. You were namedas somebody who would know something about thosedisability claims, okay. So my first question to youis: Did you know Mr. Chasse?

A. I did not.Q. Okay. Were you present at the Blue Hour or

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17th?A. I was.Q . You were, okay.

Do you know anything about Mr. Chasse havinga disability?

A. Only after the fact.Q . Okay. So would that be only what you read

in the newspaper or saw on TV?A. I heard on the radio.Q. Heard it on the radio, okay.

Have you ever made a claim yourself based ona disability?

A. Negative - - in the military, yes, I did.Q. And what was that?A. Ankle injury.Q. Okay. So was that more like a workers' comp

type of claim but in the military?A. Not a workers1 comp. It was a - - I damaged

my ankles and you just file a - - in case there'scomplications after the fact years later. That's theonly reason you file it.

Q. Okay, all right. So when were you in themilitary?

A. ' 8 9 through '94.Q. Okay. And did the ankle disability have

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anything to do with your leaving the military?A. Negative.Q. Okay. Where - - why were you in the vicinity

of 13th and Everett on September 17th?A. Shopping with family and friends.Q. Okay. So what was it then - - let's go back

then to September 17th. Did you see the altercationbetween Mr. Chasse and the police officers?

A. I did not.Q. You did not, okay.

Where were you about, say, 5:15 then onSeptember 17th, 2006?

A. I was shopping in that area at, what is thatplace, don't know the name of the place. It sellsAsian furniture right on the corner of the littlerestaurant that - - where this happened at.

Q. So you were in the same block as the BlueHour restaurant?

A. Correct.2 0 Q . Okay. You did not see any altercation21 between Mr. Chasse and the police officers?2 2 A. I did not.2 3 Q. Okay. Did you make any statements to the24 police after the altercation?2 5 A. I did not.

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Q. Were you interviewed by anyone after thisincident?

A. I was not.Q. Okay. Did you talk to anyone in that

vicinity after the incident?A. I asked a woman who was passing by what had

happened.Q. And what did she tell you?A. She said something about the cops were

holding him and that was it.Q. Do you know who that woman was?A. No idea. She was just a passer-by.Q. Where do you live now?A. I live in Salem.Q. Okay. And what is your address?A.

Q. Did you observe anything on that day at thatplace in regard to the arrival of an ambulance?

2 A. I did not see the ambulance arrive.21 Q. Okay. So I want to get this straight. You22 did not see the altercation between Mr. Chasse and the23 police - -2 A. Negative.2 Q. - - is that correct?

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A. That is correct.Q. Did you see anything having to do with the

officers chasing Mr. Chasse?A. I did not.Q. Okay. You didn't see anything with - -

having to do with the ambulance arriving?A. Not when it arrived, no.Q. Did you see the ambulance leave?A. No.Q. You did not.

Did you talk to anyone other than that onewoman whose name you can't remember or never found outabout the incident?

A. No. I just asked the one question.Q. Okay. And other than today, with whom have

you, if you have, had a conversation about thatparticular incident?

A. The only person I talked to was Mary who wasthere with me.

Q. And who's Mary?A. Mary Jean.Q. Mary Jean Whittemeier?A. Don't know her last name. I know her maiden

name, Kornott, but I don't know her married name.Q. Okay. Is that the woman from Indiana or

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Ohio?A. Ohio.Q. Ohio, okay.

Okay. So were you shopping with Mary Jeanthat day?

A. I was.Q. Okay, all right. Is she a relative or

friend?A. She's a friend - -Q. Okay.A. - - of my family.Q. Do you know if Mary Jean saw the

altercation?A. I do not - - I walked out. She was already

out there. I do not know.Q. Okay. You said you had a conversation with

her. Do you remember what was said during thatconversation?

A. I asked - - as I came out, I asked what hadhappened.

Q. Okay. Do you remember what she said?A. I do not.Q. Don't.A. She - - I don't know if she was over there or

not. I have no idea.Schmitt & Lehmann, Inc.

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Q . And other than Mary Jean, that was the onlyconversation you've had?

A. That's it.Q. Okay. And you don't know anything about

Mr. Chasse's disabilities?A. No. Only the radio.Q. Okay. That's all the questions I have.

EXAMINATIONBY MR. RICE:

Q. Good morning, Mr. Carter. My name's JimRice. I work for the City of Portland. I'm a lawyerthere.

A. M-hm.Q. I'd like ask you some other questions, maybe

something that's hasn't been asked.You were in the military from 1989 to 1994;

is that right?A. Right.Q. And what branch of the - -A. Army.Q. And what was the name of your military

occupational specialty?A. Infantryman.Q. So you were an 11B?A. I was 11B, that's 11 Bravo, 11 Charlie, and



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Tony Lee Carter, 8 / 8 / 2 0 0 8 Chasse v. Humphreys

11 Hotel.Q. Okay. And 11B is - -A. Infantry.Q. Infantry/light weapons. C is mortars?A. Mortars.Q. And what's H?A. Hotel is a missile gunner on the top of a

humveeQ. Okay. Did you serve overseas?A. No, I didn't - - well, Hawaii.Q. Okay. Best part of overseas maybe to serve

in.So you were with the 25th infantry over

there?A. Correct.Q. You've indicated you did not see the

ambulance arrive; is that right?A. That's correct.Q. Did you see any care that was provided by

anybody from the ambulance company?A. NO.Q. Did you see any care that was given by

anyone from the Portland Fire Bureau?A. No.Q. Did you talk to anybody from the ambulance



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company?A. I did not.Q. Did you overhear anyone from the ambulance

company say anything?A. I did not.Q. Did you hear anyone from the Portland Fire

Bureau say anything?A. I did not.Q. Did you have any conversation with anyone

from the Portland Fire Bureau?A. I did not.Q. Did you have any conversation with any

Portland Police officer that day?A. No.Q. Have you had any conversation with any

Portland Police officer subsequent to that day?A. No.Q. Have you had any conversation with anyone

that worked at the Blue Hour?A. No.Q. Did you ever actually see Mr. Chasse?A. I did.Q. And where was he when you saw him?A. On the ground.Q. And can you describe Mr. Chasse's appearance



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Tony Lee Carter, 8/8/2008 Chasse v. Humphreys1 4

for us?A.

knee up,Q.A.Q.A.QA.Q.

officer?

He was in a contorted position, knees - - oneone knee on the ground, elbow up in the air.Was he handcuffed at that time?Could not see if he was or was not.Was anyone touching him when you saw him?No. An officer was standing above him.Okay. How many officers?One.Do recall the color of the clothing of that

A. Earth tone color.Q. Okay. And by earth tone, I think of that as

brownish or off brown?A. A dark color, I could not be - -Q. Okay. And when that one officer was

standing over Mr. Chasse, was anyone near him?A. Yes. A woman, curly hair. I want to say

Navy blue uniform.Q. And what was she doing?A. ~ u s t tanding there.Q. All right. When you were looking at

Mr. Chasse, could you see his face?A. No. No movement.Q. You couldn't see his face?

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A. No.I can see, well, part of his face, yes.

Q. Okay. As you looked at his face, is thereany injury that you could see?

A. NO.Q. As you looked at his body, could you see any

injury?A. No, I could not.Q. When you say his body was in a contorted

position, what part of his body was in a contortedposit ion?

A. Arms and legs.Q. Okay. And can you describe how it was

contorted?A. Well, he had a knee up - - he looked as

though it was like this and one knee up.Q. Okay. So am I correct that he's - - is he

lying on his side?A. He - - partially, yes.Q. Okay. And if he's not completely on his

side, what part of the ground is making contact withhis body in his upper part of his body?

A. I want to say the side of one of his arms.Q. Okay. Could you see any injury to an arm?A. No.

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Q. Any injury to a leg?A. No.Q. Any injury to his head?A. NO.Q. Did you see anyone strike Mr. Chasse?A. No.Q. Anyone kick Mr. Chasse?A. No.Q. Was Mr. Chasse making any sound at this

time?A. No.Q. Was he moving at all?A. No.Q. How long did you observe Mr. Chasse?A. Off and on maybe 45 minutes.Q. Okay. And is that from the first time you

came out?A. Correct.Q. And did you - - were you going back and forth

into the shop?A. I was.Q. Okay. So you were shopping for furniture;

is that right?A. Correct.Q. So from the first time you saw Mr. Chasse



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1 until the time you no longer saw him, that wasapproximately 45 minutes?

A. I - - roughly.Q. Okay. I'm not holding you to the minute.

But at some point you came out and he wasjust gone?

A. No.Q. Okay. Tell me - - tell me what else you know

about Mr. Chasse.A. I left before he was taken away.Q. Isee.

And that day, that was a Sunday, does thatsound right to you?

A. I cannot remember.Q. Okay. Had you had any alcoholic beverages

to drink that day?A. No.Q. Were you on any medicine or anything like

that?A. No.Q. Sometimes people have had things happen to

them during the course of a couple of years andsometimes they end up with a head injury of some kindthat might affect their memory. Anything like that?

A. NO.Schmitt & Lehmann, Inc.

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Q. Not that you know of?A. Not that I know of.Q. All right. Where do you work in Carlton?A. Where do I - -Q. Yeah.

Do you work in some particular companythere?

A. I work for Brightside Electric.Q. Okay. Do they do residential or commercial

or both?A. Both.Q. And is your job then an electrician?A. I'm a service electrician.Q. And what does service electrician mean?A. Drive the van to different jobs.Q. Okay. So you're more a driver than a person

with works with electrical things?A. No. I do both.Q . And are you certified somehow to be a

electrician?A. I'm state licensed.Q. Did you have the opportunity to go to

college after high school?A. I did.Q. And where did you go?



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A. University of Hawaii.Q. And did you end up with a degree from

University of Hawaii?A. No.Q. Did you - - did your studies at the

University of Hawaii prepare you to do electricalwork?

A. I took courses conclusive to becoming anelectronics technician.

Q. Okay. So that was - - that was what yourmajor would be?

A. It was more associate's program.Q. An associate's program, all right. Did you

get an AA degree?A. No.Q. So I'm trying to make sure I understand

this. You come out of the store and you seeMr. Chasse, he's lying in somewhat of a contortedposition. You didn't hear any conversation from anypolice officer, medical-trained person?

A. NO.Q. Was there any conversation you had with

people in the surrounding area other than what you'vetold us about?

A. No.Schmitt & Lehmann, Inc.

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Q. Did you hear any mention of drugs?A. No.Q. Did you hear anything regarding someone

having a criminal conviction?A. No.Q . It's uncertain at this time if there's going

to be a trial. And if there is a trial we might wantto subpoena witnesses. Is there a best phone numberto try and reach you at for scheduling things?

A. Yes.Q . And what's that number?A. 5 0 3 - 6 0 2 - 2 6 6 1 .Q . Is that a home phone, a work phone, a cell

phone?A. That's all three.Q. All right. In basic training in AIT, did

you have any medical training?A. Yes.Q. First aid?A. First aid, combat medical training, and

advanced infantry training.Q. Where did you go to basic training?A. Fort Benning, Georgia.Q. And how about AIT?A. Fort Benning, Georgia.

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Q. Based on what you learned in the militaryregarding medical training, did you see anythinginvolving Mr. Chasse you thought was inappropriatefrom a medical standpoint?

A. Did not assess that at the time.Q. Okay. And how about since then, made any

other assessment?A. Only his position.Q. Okay. What do you believe about his

position that was right or wrong?A. He should have been lying stretched out.Q. In other words, not having - - and having his

legs straight out?A. Correct.Q. And why do you think it was inappropriate

that his legs were in a bent position?A. Didn't know what was wrong with him so

you're asking me to assume.Q. Okay. And I'm not going to ask you to

assume if you don't know what was wrong, okay.Have you had any contact with the Chasse

family?A. No.Q. Have you talked to any lawyers about your

testimony?Schmitt & Lehmann, Inc.

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A. No.Q. Have you - - did you appear before the grand

jury?A. No.Q. Have you given any recorded statements

either by tape recorder or video or film, anythinglike that?

A. No.Q. Did you - - when Mr. Chasse was lying on the

ground, did you ever observe his face?A. Only when he moved.Q. Okay. And what kind of movement was he

doing?A. Slow sporadic movements.Q. Okay. Did you ever hear him say anything or

make any noises?A. Yes.Q. Did you hear him actually say words?A. NO.Q. You heard him make noises?A. Moan.Q. Okay. Was he moaning part of the time or

all of the time you saw him?A. After - - after herd een there a while.Q. Was it a quiet moan, a loud moan? How would



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you describe that?A. Loud, uncomfortable.Q. Did you ever see any blood associated with

Mr. Chasse?A. No.Q. Did you ever assess his state of

consciousness?A. No.

Let me correct that.Q. Sure, go ahead.A. I thought he was unconscious or dead when I

first saw him.Q. Okay. When you first saw him, what led you

to believe that he was unconscious?A. No movement whatsoever.Q. How long did you observe him when he had no

movement whatsoever?A. Quite a while. I was wondering to myself

why they weren't taking him away 'cause I thought hewas dead.

Q. Okay. Did you actually think he was dead asopposed to unconscious?

A. Correct.Q. All right. So when hers - hers ying there

on the ground with his legs in a contorted position;Schmitt & Lehmann, Inc.

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right?A. (Nods head.Q. And you think he's dead. How long did you

observe him before you saw some movement on the partof Mr. Chasse or some other sign of life?

A. I don't know.Q. Okay.A. I know I entered and exited the store and he

was still there in the same position.Q. Okay. And do you know how long it was from

when you first saw him being very still or dead as youperceived it to coming out the second time?

A. Third time.Q. Third time.A. No, I don't know.Q. When you looked at Mr. Chasse, did you note

his skin coloration?A. NO.Q. Did you take any photographs that day?A. No.Q. Have - - what's your principal source of

22 information or news?23 A. Radio.24 Q. Okay. Have you listened to radio shows25 regarding Mr. Chasse?



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A. NO.Q. Did you have any indication that day that

there was something mentally wrong with Mr. Chasse orMr. Chasse was suffering from some mental disability?

A. No.Q. I've tried to listen to the first lawyer and

then sort of chronologically go through what'shappened, what you observed. Is there anything thatyou consider significant that you've not told us abouttoday regarding Mr. Chasse?

A. Significant in what way?Q. Well, that you think pertains to how he was

injured, whether he was injured, whether he receivedtreatment, whether he didn't receive treatment,something that should have been done for Mr. Chassethat wasn't done for him.

A. I thought it took a while, too long, once Irealized he was still moving later on, that he wasstill alive, why weren't they treating him.

Q. Okay. You felt that the health careproviders should have done more for him?

A. Correct.Q. Anything else?A. That's it.Q. Did you have the ability to assess the scene



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and say they should be doing something other thantreating him just generally?

MR. STEENSON: Objection, vague.Q. (By Mr. Rice) He's making a record for the

judge. You can go ahead and answer the question.A. I don't understand the question. Can you

repeat it?Q . As you sit here today, do you think that

there's something that should have been done forMr. Chasse medically that wasn't done?

MR. STEENSON: Speculation.THE WITNESS: Other than providing medical

care, I don't know.Q. (By Mr. Rice) Okay. Thanks for coming down

here today. Maybe the other lawyer would like to askyou a question.

EXAMINATIONBY MS. BACK:

Q. Hi there, my name's Jean Back, and Irepresent AMR, the ambulance company that was there.

And I just want to go through again yourobservations of Mr. Chasse. I'm trying not to repeatstuff, but I'm still a little unclear as to how thisall played out and what you saw.

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Q. So you were in the store, the Asianfurnishing store; correct?

A. M-hm.Q. And the first time that you came out, what

did you observe?A. I saw Mr. Chasse lying on the ground and an

officer above him.Q. And at that time, did you also see the woman

with curly hair?A. Idid.Q. And what color - - did you see the front of

this woman or the back?A. She was moving, a little bit of both.Q. And do you have - - do you know what agency

she was with?A. No idea.Q. Do you know whether she was with the

ambulance company?A. I have no idea.Q. Did she have any gloves on?A. I don't know.Q. Was the ambulance there - -A. Yes.Q. - - at the time?

What length was the woman's hair?Schmitt & Lehrnann, Inc.

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A . To he r shou lde r s .Q . And were th e r e any o th e r peop le be s id e s j u s t

t h a t woman and th e o t h er pe rs on a round?A . Firemen were t h e r e .Q. And what makes you s ay t h a t th e y were

f i r emen?A . Only t h e way th ey were d re ss ed .Q . How were th e y - -A . Boots .Q. Anyth ing e l se?A. T h a t ' s i t .Q . Okay. Was t h e f i r e t r u c k t h e r e a s w e l l

t h e n ?A . I d o n ' t know i f t h e t r u c k was t h e r e . I

d i d n ' t s ee i t .Q . So am I c o r r e c t i n u n d er st an d in g t h a t you

d i d n ' t o b se rv e M r . Chasse before - - t h i s was t h e f i r s tt ime t h a t you obse rved him and so you d i d n ' t obse rvehim be fo re t h e ambulance was t h e r e ?

A . C o r r e c t .Q . And a t t h e t im e t h a t y ou l o o k ed a t

M r . C hasse i n t h a t p ro ne p o s i t i o n , you d i d n ' t s e e himmoving?

A . C o r r e c t .Q . Did you - - were you a b l e t o s e e h i s c h e s t o r

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Tony Lee Carter, 8 /8 /2008 Chasse v . Humphreys

his back?A. No.Q. So were you able to discern whether he was

breathing?A. I could not see him - - any movement.Q . And you may have missed some of the

interactions that the ambulance company was doing withMr. Chasse before you got there?

A. Possibly.Q. And then - - so you observed him at that

point in time. How long did you stay out therewatching him?

A. Don1 know.Q . Okay. And then you went back into the

store?A. CorrectQ. And how long were you in the store?A. Off and on. I have no idea of the time

passage.Q. Do you have any idea what you were doing

when you walked back into the store?A. Talking my daughter.Q. Okay. Did your daughter also observe - -A. NO.Q. - - any of this?



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A. I told her not to go outside.Q. Who else was there with you that - - other

than your daughter and Mary - - Mary Jean?A. Mary Jean's sister, my wife's mother, my

wife, my son, my daughter, myself.Q. Who else besides you and Mary Jean observed

this incident?A. Only us two.Q. Only the two of you, the others all stayed

in the store?A. Correct.Q. And they didn't observe any portion of it?A. No.

Other than leaving, when leaving they mighthave glanced over.

Q. Okay. What is your - - what are the names ofall the people that were there?

A. My wife is Triz, Mary Jean's sister is Joan,my son Alex, my daughter Miya, and my wife's mom isHonna

Q. And how would we reach the folks thatdon't - - I assume your wife, your son, and yourdaughter all live with you. If we were wanting toreach any of those other people, how would we reachthem?



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Tony L e e C a r t e r , 8 / 8 / 2 0 0 8 C h a s s e v. Hurnphreys31

A. You could ask Mary Jean for her sister'sphone number, and if you need to talk to my wife'smother I can give you that number.

Q. Okay. So you went back into the store andthen at some point you came back out?

A. Correct.Q. Okay. And then tell me what you saw when

you came back out.A. The second time?Q. Right.A. Same thing. I saw interaction between the

firemen talking, the police still standing overMr. Chasse, and no movement.

Q . He still wasn't moving?A. NO.Q. And did you hear anything?A. Not at the second time.Q. The first time, is that when you heard the

moaning?A. NO.Q. And you didn't hear anything the second time

either?A. Correct.Q. And you didn't observe AMR doing any sort of

medical treatment?Schm i t t & L e h m a n n , I n c .

(360 ) 695 -5554 * * ( 5 0 3 ) 2 2 3 -4 0 4 0


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A. That's correct.Q. And did you observe the fire fighters doing

any medical treatment?A. No.Q. And how long did you observe him during this

time, the second time?A. The second time? I don't know the time that

transpired.Q. Okay. Fair enough.

So you - - did you observe him to bebreathing on the second time?

A. No.Q. Do you know for sure he wasn't breathing?A. I do not know.Q. You didn't observe the rise and fall of his

chest?A. That's correct.Q. Did - - and you couldn't see his face?A. Only partially.Q. Could you see whether his eyes were open?A. No.Q. Could you see whether he was talking?A. He was not talking.Q. Were you able to - - were you close enough

that you could hear conversation in that - - thatSchmitt & Lehmann, Inc.

(360) 695-5554 * * (503 ) 223 -4040


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Tony Lee Carter, 8 /8 /2008 Chasse v. Humphreys33

specific area?A. NO.Q. Okay. So the second time then you went back

in the store?A. Correct.Q. And what did you do when you went back in

the store?A. Looked around again. I'm not a shopper.

And then I went back outside.Q. Okay. And how long do you think you were in

the store?A. I have no idea.Q. Okay, don't guess.

So you went out a third time?A. Correct.Q. Okay. And then tell me what you saw when

you went out the third time.A. The third time I saw Mr. Chasse moving.Q. Okay. You saw him moving?A. Correct.Q. Did you hear anything?A. I heard him moaning as he was moving.Q. And what movements was he making?A. Movement with his arm and legs.Q. And do you know what prompted that movement,



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Tony Lee Carter, 8 / 8 / 2 0 0 8 Chasse v . Hurnphrey3

if anything?A. I have no idea.Q. Did you observe AMR to take his pulse?A. NO.Q. Did you see a medical kit anywhere near his

body?A. No.Q. Do you know what a blood glucose is?A. NO.Q. Okay. So the third time you saw him moving

and you heard him moaning?A. Correct.Q. How long did you observe him during that

third period?A. Don't know.Q. Don't know, okay.

Then what happened?A. He moved around. They just looked at him.

I wondered what was going on because I don't know whathad happened - - I did not know.

Q. Okay. But being in and out of the store,it's conceivable that you could have missed thingsthat were going on with respect to Mr. Chasse?

A. Possibly.Q. Do you - - have you spoken with anyone at all



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from Mr. Steenson's office - -A. No.Q . - - with respect to this case?

No investigators have come out and spokenwith you?

A. No.Q. How do you - - do you have any idea how your

name became associated with this case?A. I'm assuming Mary Jean.Q. Okay. I don't think I have any further

questions for you. So some of these lawyers mighthave some follow-up.

MR. STEENSON: No questions.MS. DUNAWAY: No.MR. RICE: Thank you for coming down,

Mr. Carter.THE WITNESS: Okay.(The deposition concluded at 9 :2 7 AM.)

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Tony Lee Carter, 8/8/2008 Chasse v. Humphreys

C E R T I F I C A T ESTATE OF WASHINGTON )

) ssCOUNTY OF CLARK )I, Shannon K. Krska, a Certified Shorthand

Reporter for Oregon, do hereby certify that, pursuantto stipulation of counsel for the respective partieshereinbefore set forth, TONY LEE CARTER personallyappeared before me at the time and place set forth inthe caption hereof; that at said time and place Ireported in Stenotype all testimony adduced and otheroral proceedings had in the foregoing matter; thatthereafter my notes were reduced to typewriting undermy direction; and that the foregoing transcript, pages3 to 35, both inclusive, constitutes a full, true andaccurate record of all such testimony adduced and oralproceedings had, and of the whole thereof.

Witness my hand and CSR stamp at Vancouver,Washington, this 14th day of August, 2008.&&U

Shannon K. KrskaCertified Shorthand ReporterOregon CSR No. 90-0216

Documents

Carter Transcript