Texas High School Mock Trial Competition

2018 Case Materials

Gossan Flint v.

Texoma Development Corp.

Cause No. 17-0221-A

GOSSAN FLINT, INDIVIDUALLY AND AS NEXT FRIEND OF GANISTER FLINT, DECEASED, PLAINTIFF, V. TEXOMA DEVELOPMENT CORP., A CORPORATION, DEFENDANT.

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IN LANDRY COUNTY DISTRICT COURT STATE OF TEXOMA

CASE MATERIALS

PREPARED BY:

Stephen W. Gwinn, Esq.

Chair, Mock Trial Committee

Fred Moss, Esq. Mock Trial Committee

Taylor Rex Robertson, Esq.

Mock Trial Committee

Brad Johnson, Esq. Co-Vice Chair, Mock Trial Committee

Tasha James, Esq.

Co-Vice Chair, Mock Trial Committee

Anderson Sessions, Esq. James D. Blume, Esq.

Brenda Hight, Esq. Joshua Kornely, Esq. Brian Benitez, Esq.

COPYRIGHT 2017-2018 TEXAS HIGH SCHOOL MOCK TRIAL COMPETITION. ALL RIGHTS RESERVED.

STIPULATIONS AND JURY INSTRUCTIONS Page 1 of 5

Cause No. 17-0221-A

GOSSAN FLINT, INDIVIDUALLY AND AS NEXT FRIEND OF GANISTER FLINT, DECEASED, PLAINTIFF, V. TEXOMA DEVELOPMENT CORP., A TEXOMA CORPORATION, DEFENDANT.

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IN LANDRY COUNTY DISTRICT COURT STATE OF TEXOMA

STIPULATIONS AND JURY INSTRUCTIONS

The parties agree and stipulate as to the following:

I.

This is a civil action that will be tried before a jury. Plaintiff, Gossan Flint, is suing

individually and in a derivative capacity as the surviving parent for the wrongful death of GANISTER FLINT, a child. Texoma Development Corporation is the Defendant, and Chert Hornfels is the Defendant’s chief executive officer (“CEO”). The cause of action on trial is a claim for premises liability based on attractive nuisance; specifically, that Defendant was negligent in causing the death of GANISTER FLINT, a child, due to an abandoned flooded quarry on his property. This will be a bifurcated trial. The parties will only try the issue of liability. Should the Defendant be found liable, there will be a separate trial on the issue of damages at some future date. Monetary damages are, therefore, not at issue in this trial and are not to be argued. In addition, Texoma is a strict negligence state such that the negligence of the Plaintiff, if any, is not relevant.

II.

There are no defects in the pleadings. Defendant has properly appeared and answered. The

court has both subject matter and in personam jurisdiction over the parties. All questions of fact will be submitted to a jury. Questions of law will be decided by the court.

III.

All exhibits included in the case materials are authentic and are accurate copies of the originals. No objections to the authenticity of the exhibits will be entertained. The only exhibits to be used at trial are those included in the case packet. The signatures on the witness statements and on all other documents are authentic and must be acknowledged by the witnesses.

IV.

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Gossan Flint, Tuff Scoria, and Arkose Marl are to testify on behalf of Plaintiff. They may

not testify for or be called on behalf of Defendant. Chert Hornfels, Shale Gabbro, and Schist Greywacke are to testify on behalf of Defendant. They may not testify for or be called on behalf of Plaintiff. All witness statements and Addenda were made under oath.

V. The decedent, GANISTER FLINT, died from injuries he sustained in a quarry lake. The Defendant, Texoma Development Corp., is the owner of the land on which the quarry lake is located. The quarry is an “artificial condition.”

VI.

Exhibit 1is the Defendant’s master development plan for the 500-acre property on which the quarry is located. Exhibit 1 is admissible.

VII. The decedent, GANISTER FLINT, was a “trespasser” on Defendant’s land in that he entered onto the land without a legal right to do so.

VIII.

The decedent, GANISTER FLINT, was a 12-year old “child” at the time of his death.

IX. The occurrence in question made the subject of this lawsuit happened on Saturday, June

11, 2016.

X. The decedent, GANISTER FLINT, died on June 11, 2016 due to drowning associated with

a concussion, fractured skull, and a broken neck. The decedent, GANISTER FLINT, hit his head on a subsurface rock ledge approximately ten feet below the surface of the water. The rock ledge is not visible with the naked eye from the top of the ledge where the decedent, GANISTER FLINT, was standing prior to swinging into the quarry lake.

XI.

The Charge of the Court and the Jury Questions are accurate and complete in all respects, and no objections to them will be entertained.

XII.

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Rhonda Riley, the Defendant’s secretary, died two months before the trial due to a stroke.

XIII. The pertinent Texoma statute in effect on the date of GANISTER FLINT’s death is as follows: Texoma General Laws, Chapter 25, §25.07: Trespassers (a) In this section, “trespasser” means a person who enters the land of another without any legal right, express or implied. (b) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully. (c) Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if: (1) the place where the artificial condition exists is one upon which the owner, lessee, or occupant knew or reasonably should have known that children were likely to trespass; (2) the artificial condition is one that the owner, lessee, or occupant knew or reasonably should have known existed, and that the owner, lessee, or occupant realized or should have realized involved an unreasonable risk of death or serious bodily harm to such children; (3) the injured child, because of the child's youth, did not discover the condition or realize the risk involved in intermeddling with the condition or coming within the area made dangerous by the condition; and (4) the owner, lessee, or occupant failed to exercise reasonable care to eliminate the danger or otherwise protect the child.

XIV.

The Court’s Charge to the Jury: Because the decedent child, GANISTER FLINT, was a trespasser upon Defendant’s land,

and because the court has concluded that there is no evidence that the Defendant willfully caused the decedent’s injury, Defendant is liable for injury to the child only if the jury finds that the Plaintiff has proven by a preponderance of the evidence that:

(1) the property where the quarry is located is one upon which the Defendant knew or

reasonably should have known that children were likely to trespass.

(2) the quarry in question posed an unreasonable risk of death or serious bodily harm to trespassing children;

STIPULATIONS AND JURY INSTRUCTIONS Page 4 of 5

(3) the Defendant knew or reasonably should have known that the quarry involved an

unreasonable risk of death or serious bodily harm to such children;

(4) the Defendant failed to exercise reasonable care to eliminate the danger or otherwise protect the child; and,

(5) the Defendant’s failure to exercise reasonable care proximately caused the child’s death.

Element (1) is not in dispute. However, notwithstanding the Plaintiff having proved the preceding elements, if the Defendant proves its affirmative defense by a preponderance of the evidence, that is, that the injured child, due to his age and maturity, was capable of discovering the hazardous condition or realizing that jumping or diving into the quarry could result in serious injury, then you, the jury, must find for the Defendant. The Defendant does not have to prove that the injury the child actually suffered was foreseen by the child.

The term “preponderance of the evidence” means the greater weight and degree of credible

evidence admitted in this case.

XV.

The following Questions will be submitted to the jury:

QUESTION NUMBER ONE Has the Defendant proven by a preponderance of the evidence that the injured child, because of the child’s age and maturity, was capable of discovering the hazardous condition or realizing that jumping or diving into the quarry involved the risk of serious injury?

Yes _____ No ______

If YES, sign and return your verdict to the court. If NO, answer the next Question.

QUESTION NUMBER TWO Has the Plaintiff proven by a preponderance of the evidence that the Defendant was negligent? The Defendant was negligent if the Plaintiff has proved all of the following elements by a preponderance of the evidence:

1. The quarry posed an unreasonable risk of death or serious bodily harm;

STIPULATIONS AND JURY INSTRUCTIONS Page 5 of 5

2. The Defendant knew or reasonably should have known of the risk; and

3. The Defendant failed to exercise ordinary care to protect the Deceased from the danger by either failing to adequately warn the Deceased of the dangerous condition or failing to make that condition reasonably safe.

“Ordinary care” when used with respect to the conduct of the Defendant as the owner of the land, means that degree of care that would be used by a landowner of ordinary prudence under the same or similar circumstances.

Yes _____ No ______ If NO, sign and return your verdict to the court. If YES, answer the next Question.

QUESTION NUMBER THREE

Did the Plaintiff prove by a preponderance of the evidence that Defendant’s negligence proximately caused the Deceased’s death?

Yes _____ No ______

The term “Proximate cause” means a cause, unbroken by any new or independent cause, that was a substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.

FOREPERSON: Sign and return this verdict form to the court’s bailiff. ______________________________________ Foreperson Date

FACT STATEMENT OF GOSSAN FLINT Page 1 of 3

FACT STATEMENT OF GOSSAN FLINT 1 2 My name is Gossan Flint. I’m 37 years old, and I’m the parent of Ganister Flint. I’ve been a website 3 designer for many years, but since I got my last promotion at Orange, I supervise more than I get 4 to design now. My team is in charge of designing the new pages on the Orange website to promote 5 the new mePhoneTM that’s coming out next June. I used to be a lot more excited about that until 6 Ganister died. After I lost my spouse, Gneiss, nothing was more important to me than my only 7 child, Ganister. 8 9 2015-2016 was a really hard year for Ganister. The worst, of course, was when Gneiss died. It was 10 one of those horrible cancer deaths, and getting through that time was really hard on both of us. 11 That last six months, he dropped out of all his school activities: chess club, math club, even a 12 private swim team (at 11 years old, he was the only kid that young to ever make the medley relay 13 team with that swim club). He’d just go to school, come over to the hospice to give me a break so 14 I could run home, shower, do laundry, and fix something for both of us to eat. Then I’d bring that 15 back to the hospice, and we’d eat and just sit with Gneiss until the meds kicked in and Gneiss 16 could rest. Ganister would sit and study, and I’d try to get some work done. I was really grateful 17 my job would let me work remotely on my laptop doing website design instead of having to be in 18 the office all the time. Neither of us regretted for a minute all the time at the hospice, but it was 19 emotionally really difficult for both of us. 20 21 Almost immediately after Gneiss died, I asked for a transfer here to Orange headquarters in 22 Texoma from Minneapolis. It was an opportunity for a promotion, and I really needed to get away 23 from painful memories. It was the middle of the school year, right after our first Christmas without 24 Gneiss. Ganister had to leave all his friends, his neighborhood, all the activities he’d just started 25 trying to get back into, and move halfway across the country and start all over. I was wrapped up 26 trying to learn all the ins and outs of my new assignment here, and I couldn’t work from home any 27 longer because now I was supervising a whole design team, so Ganister was on his own a lot more 28 of the time than I liked. It was a rushed move, and I really didn’t have time to do a full-on house 29 search. So we took a temporary apartment in the Parkview Apartments, which are located in the 30 Westwood area on Exhibit 1. We were going to start house-hunting when I could take my first 31 vacation time in August. 32 33 At least there were lots of other kids around. Ganister had started to make some friends, especially 34 Shale Gabbro, and Ganister said he was even starting to like his new school. He managed to finish 35 the year with decent grades, which was a small miracle given all he’d been through, and he’d 36 begun to show some interest in activities with the other kids for the first time in a long time. I 37 really thought he was beginning to come out of a pretty dark place, and I was so relieved and happy 38 that he had started laughing and joking around with me again. That made it a lot easier for me to 39 start to get past my own grief and loss, and be there more for him emotionally again. 40 41 We both knew about the old quarry south of the condos. When I rented our apartment, the agent 42 made sure to point out the quarry, and to caution us both (me and Ganister) about not going near 43 it. The agent said there was a fence around the whole quarry, just to keep out kids and pets. It 44 sounded safe enough to me, so I really didn’t worry about the quarry when the agent first 45 mentioned it. After school was out for the summer in 2016, I hoped Ganister would get involved 46

FACT STATEMENT OF GOSSAN FLINT Page 2 of 3

with some community activities like he had back in Minneapolis, but I was too busy to take him 1 with me to volunteer at the food bank like we had before. The neighbors here didn’t know Ganister 2 well enough to hire him to help with yard work like the folks back in Minneapolis did. But I knew 3 Ganister was spending more and more time outside with the neighborhood kids. When I asked, he 4 always said they were at the memorial park, or riding bicycles, or at the skateboard park. Honestly, 5 I was a little worried about that skateboard park because I’d seen Ganister try some stunts that 6 looked kind of dangerous to me back in Minneapolis. Just trying to impress his friends. He took 7 one really bad spill back then trying to do this ridiculous stunt the older kids were doing and got a 8 few stitches on his elbow and chin. But he still kept skateboarding—that’s my son, always 9 persistent. He had started skateboarding again here, and while he did come home now and then 10 with some scrapes and bruises, there were no stitches or broken bones. I figured my son was either 11 being more careful or just not falling as much. I really liked him hanging out with Shale because 12 Shale seems like a sensible kid. In fact, I heard Shale more than once telling Ganister that 13 something my son wanted to do was too risky. 14 15 Ganister never told me they were going to the quarry to swim, so it never even crossed my mind 16 to worry about that place, even after one of the neighbors said they’d seen some older kids sneaking 17 in there. I still feel guilty for not pressing Ganister harder about what all the kids were really doing, 18 but I just couldn’t believe he would actually do something that dangerous. Or that he would lie to 19 me about it. Maybe I could have prevented his death if I’d just been more of a helicopter parent, 20 you know? Of course, if Texoma Development Company had put a proper fence up and hired more 21 than just one lazy security guard, they certainly could have prevented his death. 22 23 Getting that call from the police on June 11, 2016 while I was at work was the worst day of my 24 life. Leading up to when my spouse Gneiss died, we had lots of time to talk about it, prepare for 25 it, and say our goodbyes. But when Ganister died, it was like our story just got chopped off in the 26 middle of a sentence, with no warning or even a hint that it would be something other than just an 27 ordinary day. Ganister was only 12 years old, just three weeks away from his 13th birthday. My 28 son had come through such a dark time, and the sun was just beginning to shine on him again. He 29 had his whole life ahead of him, and I was looking forward to so many wonderful things in his 30 life: graduation, college, marriage, kids…now none of that will ever happen. No parent should 31 have to bury their child. 32 33 Ganister was so happy to have found some new friends to do things with, but I’m sure this has 34 been hard on those kids too. I just hope none of them feels guilty or responsible for this. I’m 35 doing enough of that myself for everybody. I still blame Texoma Development Corporation. 36 37 Further, affiant sayeth naught. 38

Gossan Flint 39

GOSSAN FLINT 40 41

SIGNED AND SWORN TO on this the 13th day of January , 2017. 42 43

FACT STATEMENT OF GOSSAN FLINT Page 3 of 3

ADDENDUM TO STATEMENT OF GOSSAN FLINT 1 2 No one ever showed me any pictures of the fence with holes in it. I don’t know who took them, or 3 if any pictures like that even existed because no one ever showed Exhibits 2a and 2b until after 4 Ganister died. I keep wondering who lets their property or a security fence get into such disrepair. 5 6 I got re-married in the spring of 2017. My spouse has two children, a boy and a girl, who are 12 7 and 9. We are also looking into adopting a 6-year-old boy from Russia. 8 9 Chert Hornfels, the CEO of Texas Development Corporation, had the audacity to offer to name 10 the quarry after Ganister as some kind of half-hearted apology for letting my son die on his 11 property. I said no and haven’t spoken to Hornfels since. 12 13 Further, affiant sayeth naught. 14 15

Gossan Flint 16

GOSSAN FLINT 17 18

SIGNED AND SWORN TO at 7:02 a.m. on this the day of trial. 19

FACT STATEMENT OF ARKOSE MARL Page 1 of 3

FACT STATEMENT OF ARKOSE MARL 1 2 My name is Arkose Marl. I’m 45 years old. I currently live in #89 on 135th Street here in Texoma 3 with my spouse and our two teenage daughters, Kat who’s 15, and Bianca who’s 13. My family 4 and I live in the same neighborhood as Gossan and Ganister Flint, only a few blocks over from 5 Granite Drive. After I graduated from the Texoma Business & Technology Institute with a joint 6 Masters in Criminal Justice and Forensic Accounting, my spouse and I decided to stay in Texoma 7 and raise our kids here. Up until a few years ago, I used to be a senior Certified Public Account 8 (“CPA”) at the prestigious accounting firm Crain, Geisler, & Tobey. I’m kind of a stickler for 9 rules, but auditing companies was too boring, so I decided to retire early and start my own business 10 as a private investigator. I even got a “private eye” license from Texoma’s Department of Public 11 Safety. Now, I run my own business—Nozy Neighbor, Inc.—from the comfort of my own living 12 room. As you can imagine, my two teenage girls can’t stand having Sherlock Holmes as a parent. 13 14 Anyways, Ganister Flint attended Rick Perry Junior High with both of my daughters. Kat and 15 Bianca rode the same school bus with Ganister every morning. At school, Ganister seemed like a 16 very respectful, responsible, smart kid—Bianca even told me he was a Boy Scout. You see, I 17 volunteer part-time as the Treasurer for the Parent-Teacher Association (“PTA”) at my girls’ 18 school and have seen Ganister Flint’s name on the class honor roll before. I also handed him an 19 award for “Most Improved” on the Chess Team at the Student Awards show, which the PTA 20 sponsors. It was a different story outside of school though. I’ve seen Ganister around the 21 neighborhood several times, but never actually spoke to him or Gossan Flint. I guess Gossan is too 22 busy to make it to PTA meetings. Based on what I’ve heard from my daughters, Ganister and 23 Gossan recently moved here from Minnesota. I also did some asking around and it looks like 24 Gossan’s job causes long hours away from supervising Ganister after school. That probably 25 explains why I always saw him skateboarding late at night on people’s private property—you 26 know, jumping off stairs, railings, even neighbor’s driveways. One time, while I was keeping 27 “watch” from my front porch, I saw Ganister smear wax all over my neighbor’s curb, launch his 28 skateboard onto it, and then slide all the way down into the cross-street. Ganister didn’t even flinch 29 at the on-coming traffic. 30 31 For a kid that was on the honor roll and chess team, he sure took a lot of risks. Did I forget to 32 mention that I also run the community Neighborhood Watch? Like I said, I’m a stickler for rules 33 and respecting people’s personal property and privacy—unless there’s a reason for suspicion, of 34 course. I’m the only member of the watch right now, but I really feel like numbers will get better 35 because of this lawsuit, or rather, Ganister’s death. 36 37 A few months ago, I was just finishing my nightly neighborhood patrol when I caught Ganister 38 and a few other kids red-handed throwing toilet-paper in my front yard. It was on a school night 39 and past ten o’clock, maybe even midnight! The kids ran off after someone threw an egg at me. At 40 the time, I just thought it was because I wouldn’t allow my daughter, Bianca, to go to the school 41 dance with Ganister. Maybe I was right about him being a troublemaker after all. 42 43 Of course though, Ganister isn’t the only troublemaker we have in the neighborhood. I’ve seen 44 other kids, some a few years older than Ganister, racing their bikes downhill on Chalk Lane. You 45 know, the one that goes past the quarry. These kids race their bikes down the hill into the woods 46

FACT STATEMENT OF ARKOSE MARL Page 2 of 3

area where Texoma Development is planning on building those flashy new developments Enclave 1 and Estates, I think are the two names. Now that I think about it, I bet those two neighborhoods 2 will be great for Neighborhood Watch recruits once houses are built. I think that should happen 3 in a couple months—I’ve got a pretty good handle on how land development works having 4 watched it go up all around me. Anyways, if you ask me, my best guess is these kids would joyride 5 their bikes straight down Chalk Lane and cut into the wooded area to go explore or vandalize the 6 quarry or other stuff. 7 8 It’s really sad what happened to Ganister. Being a parent of two teenage girls, I’ve always been 9 concerned about keeping the neighborhood safe. Of course, that stupid rock quarry has always 10 been a danger zone. Why the city didn’t force Texoma Development to fill it in, I’ll never 11 understand. I thought it would be a really great improvement to the community when I first heard 12 about Texoma Development’s plans to develop around the rock quarry. I was even impressed at 13 first when I saw a security guard on duty during one of my “watch” patrols. But that all changed 14 when I realized Texoma Development wasn’t going to drain the water. Such a stupid business 15 decision if you ask me. Then, when I saw that Chert Hornfels, the Texoma Development CEO, 16 hadn’t fixed the torn signs and holes in the fence surrounding the rock quarry I was furious! I 17 decided to get some evidence by taking pictures with my mePhone™. Exhibits 2a and 2b are the 18 pictures I took. 19 20 I tried yelling at the security guard that someone would do something stupid and that they ought 21 to fix the holes, but the guard just shrugged, and told me, “I fix every hole I see.” The next morning, 22 I drove over to Hornfels’ office and handed the pictures to the secretary behind the front desk. 23 Would you believe she told me point blank, “We know about the signs and torn fence line. Don’t 24 worry about it.” I’m not sure what she did with the photographs I gave her. I should have demanded 25 to speak with Hornfels. In fact, if it were up to me, I would have just built a guard tower 26 overlooking the rock quarry with full-time security guard reporting twenty-four hours a day, seven 27 days a week. A live-streaming security feed and/or alarm trip-wires would have been reasonable 28 too. I mean, at minimum, the least Hornfels could have done was hold a town hall with the 29 Neighborhood Watch, the PTA, and the parents in the community, right? 30 31 After I realized Texoma Development weren’t fixing the torn fence-lines and warning signs, I told 32 Bianca and Kat to stay away from exploring the woods by the rock quarry. I even distributed the 33 pictures I took to the rest of the neighborhood and PTA that same week. As far as I know, my 34 daughters don’t go anywhere near the rock quarry. The very next weekend Ganister died. I only 35 wish Bianca had told Ganister to stay away too. A smart kid like that would have listened to her. 36 37 Further, affiant sayeth naught. 38 39

Arkose Marl 40

ARKOSE MARL 41 42

SIGNED AND SWORN TO at 9:12 a.m. on this the 25th day of January , 2017. 43 44

FACT STATEMENT OF ARKOSE MARL Page 3 of 3

ADDENDUM TO STATEMENT OF ARKOSE MARL 1 2 I have re-read my statement, and perhaps I was a little hyperbolic when describing Ganister Flint. 3 While I saw him doing things that I would not do, or would not let my daughters do, he didn’t do 4 anything that you’d call “death defying.” I even saw him once jump off his skateboard, into the 5 grass, so he didn’t slam into a wall. 6 7 I was stunned to find out that Bianca was at the quarry the day Ganister died. I only learned about 8 it two months ago. We had a long talk about that, believe you me. Bianca said that she had walked 9 away from the quarry when Ganister jumped, but came back as they were pulling him out of the 10 water. She said that she gave him mouth-to-mouth to try to revive him. While that may be all well 11 and good for her, I am still furious about it. Bianca has joined my Neighborhood Watch and makes 12 nightly patrols around the area three times a week. We wear highly reflective vests and hard hats 13 for those rounds. 14 15 I can’t remember exactly when I took the pictures that are Exhibits 2a and 2b. When I printed them 16 so I could give copies to Texoma Development, they must have inadvertently been deleted off my 17 phone so I can’t go back and see the exact date. I also couldn’t find any record of me calling Schist 18 Greywacke at the number listed on the “No Trespassing” signs, but I’m pretty sure I did at least 19 once. 20 21 I read Schist Greywacke’s fact statement about being at a PTA meeting, but Greywacke never 22 showed up at any of the PTA meetings I attended! I may have missed one or two meetings during 23 the whole school year in 2016. Greywacke was never at any PTA meeting I attended. 24 25 Further, affiant sayeth naught. 26 27

Arkose Marl 28

ARKOSE MARL 29 30

SIGNED AND SWORN TO at 7:21 a.m. on this the day of trial. 31

FACT STATEMENT OF TUFF SCORIA Page 1 of 4

FACT STATEMENT OF TUFF SCORIA 1 2

My name is Tuff Scoria, but my friends call me “Hashtag,” or “Hash” for short because I’m 3 Chirping (you know, on the app Chirpster) all the time. I’m hooked on it. I am 17 years old and a 4 second-year student at John Wayne Memorial High School. That makes me a junior #Seniors2019! 5 JWM has awesome cheerleading and synchronized swimming teams. I intend to try out for both. 6 Maybe. I live with my parents and four annoying siblings (three sisters and one brother -- I’m the 7 oldest) at #3427, 128th Street here in Texoma. #homeiswheretheheartis 8 9 When classes got out for the summer last year it was hotter than usual. Somebody said it was 10 “global warming,” but my dad says that’s just “fake news,” because we had more snow and ice 11 storms than usual last winter. Some “global warming!” Anyhow, on Saturday June 11, 2016, I 12 chirped my buds that I was sweating to death at home and suggested we cool off with a dip at the 13 quarry. We go there pretty often to swim in the summer. I wanted to practice my synchronized 14 swimming routines too. You know, just in case. The quarry is about a half-mile from my house so 15 my three buds and I rode our bikes there after lunch. Exhibit 3 is a picture of the quarry where we 16 went. #Insta 17 18 The quarry is full of water. I’m told it’s been there for hundreds of years. Nobody knows how deep 19 it is, but it is plenty deep enough that you can jump into the water off the 20 or 25-foot cliff that is 20 on one side the quarry. Dude, it’s outrageous scary! The quarry is surrounded by an 8-foot chain-21 link fence with some “No Trespassing” signs on it, but the fence is easy to get under. The metal 22 things that hold the fence to one of the posts had been cut off, so all we had to do was push it up 23 and crawl under. When we were leaving, we made sure to push it back against the post, so it still 24 looked like a real fence. Easy-peasy, lemon squeezy. #cinch 25 26 The quarry is not guarded all the time. A security guard checks for swimmers and kids looking for 27 a place to make out, and runs them off, but the guard usually checks out the quarry about the same 28 time in the morning once or twice a week, so we know when to not be there. About two weeks 29 before the accident, the fence holder things were back, but somebody cut a big hole in the fence 30 and covered it up with one of the “No Trespassing” signs. The guard never found it. #comeonman! 31 32 So, the Saturday of that kid’s accident (Flint or something?), we brought a long rope to the quarry. 33 There is a tree on the top of the quarry’s cliff with a branch that sticks out along the edge. On 34 Exhibit 1, the tree is at the eastern edge of the trees that are labeled near the top left corner of the 35 quarry lake, just below where the “J” is for Jackson Quarry. There used to be a rope attached to it 36 that you could hold onto and swing out over the water – like Tarzan – and drop into the water when 37 you let go. So cool! Well, the last time we were there, the rope swing was gone. The stupid guard 38 must have taken it down. So, before we rode to the quarry that Saturday, my friend Madison, whose 39 father has a ginormous sailboat, borrowed some rope from his father’s rope stash in his garage to 40 use as a swing at the quarry. When we got to the quarry and through the hidden hole in the fence, 41 I climbed the tree, shimmied out onto the limb and tied an end of the rope there. We cut the rope 42 to the right length, tied a couple of knots in the rope to grip onto, and we were in business. 43 #swingingbaby 44 45

FACT STATEMENT OF TUFF SCORIA Page 2 of 4

We jumped and swung into the water and swam for a good half-hour before I noticed the boy who 1 died and his friend standing near the top of the cliff on the west side of the lake. They were 2 watching us. I didn’t recognize either. So, me and my friends began urging them to jump off the 3 cliff into the water. Madison yelled, “Bet you are too chicken to swing into the water!” and things 4 like that. #thatsmadison. I have to admit that I was daring them too. Then, the smaller of the two 5 took off his shoes and shirt and headed for the swing. His friend grabbed him and said something 6 to him. Me and my friends yelled, “Chicken!” and Madison double dog dared the kid to jump in 7 with the rope swing. 8 9 Well, the smaller kid pulled away from his friend and ran to the tree, grabbed the rope and began 10 swinging out over the edge. But, I think he misjudged when to let go. He was starting to swing 11 back toward the cliff’s edge when he let go. As a result he dropped into the water closer to the rock 12 wall than we had been landing. He yelled something as he fell. He hit the water kinda awkwardly, 13 head-first. My friends and I all were cheering the kid’s bravery. But, he didn’t come up 14 immediately. We waited another few seconds but he still didn’t come up. The kid’s friend began 15 shouting at us to rescue him. Since I was the strongest swimmer there, I swam as fast as I could to 16 where the kid went in and dove down to find him. I was very dark beneath the surface but on my 17 second or third dive (my friends were now there looking for the kid too) I saw him. He was about 18 15 feet below the water and wasn’t moving. I grabbed his pants by the belt and pulled him to the 19 surface. My friends and I pulled him to the shore on the south side of the lake. He had a huge gash 20 on his forehead that was bleeding something awful, and he was still unconscious. Madison rolled 21 him on his stomach and tried to get rid of the water in his lungs. When the kid didn’t respond, 22 Madison said to call 9-1-1 and began to pump the kid’s chest. I yelled to the kid’s friend to get an 23 ambulance, and the friend ran off. Some girl that was there, people called her ‘B’ or something, 24 began mouth-to-mouth and I tried chest compressions. A bunch of the other kids, including 25 Madison, ran off. I’m still mad about that. We didn’t do anything wrong! 26 27 The ambulance arrived pretty fast. The EMTs ran toward us and attempted to revive the kid. When 28 he didn’t revive, they put him on a stretcher and took him away towards 146th Street. I remember 29 listening to the siren as it got farther and farther away, praying the kid would be alright. We were 30 all in shock and went home. My parents were angry with me at first. They had warned me not to 31 swim in the quarry. But, when they saw how upset I was, they stopped yammering at me about 32 going to the quarry. 33 34 My friends and I are totally bummed, totally. I mean, did we cause the kid’s death? I mean, if we 35 hadn’t double dared him to use the rope swing … My mom says the kid misjudged the jump and 36 nobody knew there was a large boulder or ledge submerged where the kid fell. She says it was an 37 accident, and that what happens in this world is God’s will. Maybe. I still think it will be a very 38 long time before I stop feeling bad about this. #thisisnofun 39 40 Exhibit 4 is a picture I took of Madison jumping into the quarry a week or two before the accident. 41 Exhibit 7 is a compilation of all of the chirps I made which reference the quarry from June 1 to 42 June 12, 2016. 43 44 45 Further, affiant sayeth not, 46

FACT STATEMENT OF TUFF SCORIA Page 3 of 4

Tuff Scoria 1

TUFF SCORIA 2 3

SIGNED AND SWORN TO at 4:22 p.m. on this 9th day of February, 2017. 4 5

FACT STATEMENT OF TUFF SCORIA Page 4 of 4

ADDENDUM TO THE STATEMENT OF TUFF SCORIA 1 2

I went back to the quarry a couple of times after that sucky day. The metal things holding the fence 3 were missing on one part of the fence, but the hole was fixed. No surprise since we showed the 4 guard right where it was. The rope swing was gone, and about a month after the kid’s death they 5 put up a higher, stronger fence with razor wire on top. They also put up new signs warning that 6 there might be lots of dangerous things underwater, and Exhibit 8 is the sign I saw that went up 7 after the accident. I’ve even seen a quad copter drone circling over and around it. I wish now it 8 hadn’t been so easy to get under the fence, and that the new sign and fence had been up the day 9 the kid died. We all may not have been able to get in. Even if we could, maybe we’d have been 10 more careful about jumping into that dark water from the cliff. But we weren’t aware that anyone 11 had ever been hurt swimming or diving at the quarry before, so who knows? 12 13 I just realized that the tree that we were swinging from is not in the picture I took labeled Exhibit 14 4. I was actually standing under the tree because that’s after the guard took the first rope down. 15 Madison said he didn’t need a rope that day and just went for it. #madmanMadison. By the way, 16 Exhibit 4 is the same picture referenced in my June 4 Chirp in Exhibit 7. 17 18 19 20 Further, affiant sayeth not, 21 22

Tuff Scoria 23

TUFF SCORIA 24 25

SIGNED AND SWORN TO at 8:15 a.m. on this the day of trial. 26

FACT STATEMENT OF CHERT HORNFELS Page 1 of 5

FACT STATEMENT OF CHERT HORNFELS 1 2 My name is Chert Hornfels, and I am the CEO and founder of Texoma Development Corp. based 3 here in Texoma as the name suggests. My company employs three people full-time other than 4 myself: my long-time secretary Rhonda, my younger brother Skarn who serves as our accountant, 5 and my niece Melissa who is learning the business. Melissa worked as an intern a couple summers 6 ago while she was still in college, and she came on full-time after graduating from the University 7 of Texoma last fall. I also employ about a dozen folks on a part-time basis for security, maintaining 8 our properties, and related work. Given how bad the economy has been lately, the local folks are 9 especially grateful to have some steady employment and I’ve generally been pleased by their work. 10 We buy large tracts of land, subdivide and improve it, and then sell the pieces to builders who 11 build neighborhoods. 12 13 I enjoy being a land developer and purchasing large, undeveloped tracts of land that eventually 14 become someone’s home or office. Developing raw pieces of property, however, can create risk 15 and a developer has to understand that part of the business. A dirt hill can become a BMX bike 16 trail, or a bluff might be a climbing wall. Almost all of the developments I have are in the southern 17 part of the United States, and I have two active developments in Texoma. One is a 65-acre 18 commercial development located in the northern part of Texoma—the one that already has the new 19 corporate headquarters for Orange and a bunch of restaurants. The second one is a 500-acre 20 development that used to be owned by Jackson Quarry, a rock mining company, about 40 years 21 ago. The land changed hands a couple times after the quarry shut down. Now, I have a master plan 22 to put in more than 500 home sites with commercial and multifamily sections around the outer 23 edge. Multifamily means things like apartments or townhomes. I’m calling the 500-acre 24 development Town Lake. My master plan as of March 31, 2016 is Exhibit 1. The master plan is 25 pretty accurate but it’s not scientifically to scale, you know. 26 27 I donated a small section of Town Lake for a new local elementary school. It hasn’t been named 28 yet, so I’m just calling it Town Lake Central Elementary School on the master plan. People with 29 elementary school age kids love living close to a school. Homes have been constructed on most 30 the lots north of 135th street between Marble Drive and Slate Boulevard, and there’s only a couple 31 lots still unsold. Most of those homes have been occupied for a year or so, but there are plenty of 32 lots that will come to market in the southern part of the master plan. There are apartments and 33 condos in the Eastwood and Westwood areas of Town Lake, and we also created the Town Lake 34 Memorial Park from an 88 acre section on the east side of the development. The park has a 35 skateboard area, soccer fields, and six luxury home sites. 36 37 The quarry is near the southwest corner of the development and you can see it on the master plan 38 where it’s labeled “Jackson Quarry.” Exhibit 3 is a picture of the quarry that we used in one of the 39 first brochures we sent out around 2014. You see, over time, rainwater has filled up the huge hole 40 from the quarry, and now it looks like a beautiful man-made lake that takes up nearly 6 acres. It’s 41 going to be a great amenity for the surrounding neighborhoods that are currently in development—42 not a swimming pool or anything like that—but something that gives Town Lake some unique 43 character. There is a large rock ledge on the north and west sides of the quarry, which is labeled 44 “Rock Ledge” on the master plan, and the home sites directly adjacent to the quarry area will have 45 spectacular views. The master plan calls for 22 of those types of lots in the area I’m calling the 46

FACT STATEMENT OF CHERT HORNFELS Page 2 of 5

Estates of Town Lake. We’re aiming to sell those sites to a couple builders for more than $200,000 1 each because of their location and the lot size with the rest of the Estates lots priced around 2 $125,000 each. There are smaller sized lots just north of the Estates in an area I’ve named Enclave. 3 Those two areas are still totally undeveloped at this time and are mostly just woods. 4 5 To the east of the quarry across Chalk Lane, there is another neighborhood with luxury sized lots 6 on the south side of the park that I’ve named South Park. Clever, right? You can see South Park in 7 the bottom right-hand corner of the master plan. We’ve already paved the roads in South Park and 8 installed all the utilities—sewer, water, you know. About a quarter of those luxury lots have been 9 sold to a builder for $250,000 each, and I think there are a half dozen families already living there 10 in homes that builder put up. New homes seem to be going up every day in South Park. There are 11 smaller lots as you go east, most of which won’t have a view per se but they’ll be close to the park. 12 I’m still trying to sell those lots though. 13 14 We purchased the 500 acres about four years ago from an investor who had purchased the land ten 15 years before that. It was a difficult negotiation because the investor wanted to sell the property as 16 if it had been fully developed. Yet he hadn’t touched the property after purchasing it. We 17 eventually agreed on a price and closed the transaction on March 31, 2012. During my first walk 18 of the property in January 2012, when we were still negotiating the sale, I noticed there was a red 19 Frisbee on the ground about 20 yards from the edge of the quarry. It looked fairly new. I asked the 20 investor if children ever trespassed on the property. He shrugged his shoulders. I didn’t think 21 anything of it for about two years. The land just sat there undeveloped while we researched 22 potential development plans. 23 24 In April 2014, I had a meeting with my civil engineers to finalize the development plans and I 25 mentioned the Frisbee I had seen two years prior. One of the engineers said that his kid mentioned 26 the quarry a couple weeks earlier. The kid and his friends had spotted the quarry while riding their 27 bikes south on Chalk Lane. The road is on a hill with its highest point near 140th Street and then 28 goes downhill toward 146th Street. The engineers were concerned about the presence of children 29 and the risk that one of them could be injured playing in or around the quarry. The previous owner 30 told me that there was a broken excavator in the middle and deepest part of the quarry lake, about 31 100 feet below the surface. Apparently, from time to time, these pieces of equipment break or are 32 damaged while working, and it makes more sense to just move them out of the way and work 33 around them, rather than try to fix them or remove them. 34 35 A few days after I closed the deal, I appointed one of my employees, a local named Schist 36 Greywacke, to act as a foreperson of the property so to speak. Security guard might also be a good 37 title. Greywacke was responsible for monitoring the property and even started keeping a log of the 38 activity there around April 2016. A copy of that log is Exhibit 6. Greywacke made rounds a couple 39 times a week to check on the property and told me that occasionally kids were riding their bikes 40 through the undeveloped Enclave and Estates areas. We were still three months away from 41 finalizing the construction plans for those two areas with another year to install improvements to 42 the property—roads and the like. So we decided to put up an eight-foot high chain link fence 43 around the quarry with some of those “No Trespassing” signs with red lettering, like Exhibit 5. It 44 wasn’t the prettiest fence but it wasn’t cheap either, about $10,000. But we wanted to make sure 45 people were deterred from going near the quarry. The chain link fence wasn’t an impenetrable wall 46

FACT STATEMENT OF CHERT HORNFELS Page 3 of 5

or anything, but it was secure and made sense given the proximity of the new homes going up in 1 South Park. 2 3 Being a local, Greywacke had a solid relationship in the community, which I valued since we were 4 building quite a few new neighborhoods in the area. Greywacke also had some friends who were 5 police officers, and I think they were talked into keeping an eye out when driving by the property, 6 which was a bonus. I remember that Greywacke discovered some fence rings (those things that 7 hold the fence to the post) had been removed from the fence about a week after starting the 8 logbook. That was fixed pretty quickly, as you can see in Exhibit 6. 9 10 Kids are kids, and they still found a way to get into the quarry even after the fence went up. The 11 fence slowed them down, but if a kid really wanted in then I don’t think you could ever stop it. 12 Greywacke discovered kids swimming in the quarry lake in early May and made them leave 13 immediately. We put calls into the home owners association for the parents. Greywacke attended 14 one of the PTA meetings during that time and raised the issue during the public comment time, 15 which was good. Melissa, my niece, suggested that we purchase a drone to monitor the property 16 using wireless cameras. One of her silly boyfriends, a kid named Dawes Wallace, had a big interest 17 in drones. I had Dawes come out one day and show me how he used the drone. It was impressive. 18 I took his recommendation and ordered a DroneXR 6000 for about $4,000 and paid him $100 to 19 give Greywacke drone flying lessons. 20 21 When the trespassing kids returned to the property during Memorial Day weekend, I contacted the 22 local police department to try and make the kids not even think about going to the quarry again. It 23 was pretty clear Town Lake was going to be hugely successful given the interest from the kids 24 alone. We were all on high alert after that. I drove by the property whenever I could, and I 25 constantly checked the mail for the DroneXR to come in. On June 11, 2016, I got a frantic call 26 from Greywacke who said a kid had gotten hurt at the quarry. Greywacke said there were police 27 cars and an ambulance on Chalk Lane. I told Greywacke to go and help the police and EMTs with 28 whatever they needed, and once they were finished to check the entire property and fix every single 29 hole in the fence, if there were any. Greywacke got the kids to reveal the hole they were using, and 30 Greywacke let me know the EMTs had knocked down a small section of the fence trying to get to 31 that Flint kid. The DroneXR arrived in the mail three days after the incident. 32 33 I had already asked my civil engineers to think of a more impenetrable fence, maybe even 34 electrified, to finally put an end to the trespassers. The engineers said an electrified fence was not 35 the best idea, but those kids needed to be saved from themselves I realized. So in mid-July 2016 36 we put up a 10 foot tall fence reinforced with razor wire and an electrified top line. Not enough 37 juice to kill anyone, even a kid, but it wouldn’t feel pleasant. Plus I put triple the amount of “No 38 Trespassing” signs and some color posters about the dangers of swimming in lakes like mine. One 39 of those posters is Exhibit 8. That fence cost nearly $75,000. I had to re-plat the property to add 40 two more lots around the quarry to offset the costs of the fence. 41 42 I feel terrible that Ganister Flint died on the property, but I did practically everything in my power 43 to stop those kids from trespassing. It may be uncomfortable to think about, but Ganister was 44 apparently a sharp kid who knew exactly what he was getting into. After all, Ganister and the rest 45 of those sly kids kept finding ways to get through the fence and avoid detection. And with all the 46

FACT STATEMENT OF CHERT HORNFELS Page 4 of 5

news coverage about the incident, I would hope kids everywhere fully appreciate the risks of 1 trespassing on someone else’s property and jumping into an unknown area. I just hope this doesn’t 2 hurt sales of my lots in South Park. 3 4 Further, affiant sayeth naught. 5 6

Chert Hornfels 7

CHERT HORNFELS 8 9

SIGNED AND SWORN TO at 6:22 a.m. on this the 18th day of July, 2017. 10 11

12

FACT STATEMENT OF CHERT HORNFELS Page 5 of 5

ADDENDUM TO STATEMENT OF CHERT HORNFELS 1 2 We offered to name the lake after the dead kid, but Gossan Flint wouldn’t even listen to me. We 3 tried outreach but, instead, we got sued. 4 5 In three weeks, I’m closing a deal to purchase an 800-acre tract in Yarbro City. Oddly, it also has 6 an old quarry in it, which has a pit filled with water, and I was able to get it for a steal. We will put 7 up a 12-foot fence and have 24/7 camera surveillance of that place, you can bet on that. 8 9 No one at my company ever saw any pictures of the fence which were taken before the incident, 10 as asserted by Arkose Marl. Again, no one who works for me has ever seen Exhibit 2a or 2b before 11 this lawsuit. That’s a picture of a fence. It could be any fence anywhere! I’ve employed Rhonda 12 for seven years, and she said she didn’t receive anything like that when I spoke to her after we first 13 got sued. Sadly, Rhonda passed away two months ago after a stroke. Marl is a pest who is always 14 stirring some pot or another. 15 16 When we started using the drone, we noticed that you could see things under the water. Really, 17 you could only see the stuff from directly above and right around the middle of the day. You 18 couldn’t see any of it from the overlook, but stuff is there. We think there’s not only a subsurface 19 rock ledge, but also some scaffolding and something big that looks like a bulldozer but we can’t 20 quite make it out. It will cost some serious money to pull all of that stuff out of the water. My 21 engineers estimate it will be more than $200,000. 22 23 We still haven’t decided exactly what we will do with the quarry section of Town Lake. Maybe a 24 nice park with jogging and dog trails. Or maybe a manicured setback to keep the view. Homes just 25 started going up in Enclave last month. We’ve sold all those lots and are working on selling the 26 lots in the Estates section. Of course I’m still trying to sell the last of those lots in South Park. 27 28 Further, affiant sayeth naught. 29 30

Chert Hornfels 31

CHERT HORNFELS 32 33

SIGNED AND SWORN TO at 7:00 a.m. on this the day of trial. 34

FACT STATEMENT OF SCHIST GREYWACKE Page 1 of 3

FACT STATEMENT OF SCHIST GREYWACKE 1 2

My name is Schist Greywacke. I have lived in Texoma all 46 years of my life. I grew up around 3 that very quarry, the Jackson Quarry, when it was actively being mined for limestone. I completed 4 my junior year at Texoma High, and received a certificate for security work around the mine about 5 the time I turned twenty, I think. 6 7 When it closed, the limestone company went into bankruptcy. Gosh, that was about 25 years ago. 8 But about four years ago, the current owner Texoma Development Corporation (“TDC”) and their 9 CEO, Chert Hornfels, bought like 600 acres including the land with the quarry on it and planned 10 several housing phases. A lot of us laid off folks have gotten jobs working for TDC. I had been a 11 forklift operator, having gotten trained on that about ten years ago. After a fall when the forklift 12 tipped over and I couldn’t work, TDC hired me to work as an inspector, but I fell through a ceiling 13 on a project and reinjured my back. After that, once I was able to drive, sit in the truck and walk 14 (great for stretching my back!), Hornfels assigned me the job as a guard. I did take a six hour class 15 online to qualify as a security guard, but it was not really related to mines or quarries, just 16 neighborhood security, and you know, common sense, right? I got to drive a company pickup and 17 was the “head of security” for TDC’s various projects. 18 19 What does a head of security do? Well, honestly, most of the time I just pick up trash and recycling. 20 I also checked for thefts and vandalism, you know, just basically securing the property. I also had 21 to drive stuff up to the city dump and recycling center usually at the end of my shift. I would then 22 do a drive by of the whole area before calling it a day. 23 24 It was soon clear the kids who lived in the neighborhood loved exploring the quarry, or swimming 25 if the weather was warm. We put up a fence around the quarry. We also set up some “No 26 Trespassing” signs like the one in Exhibit 5, only the real signs were about three feet by two feet 27 in size. We put the signs all around the fence. Three on the east and west sides and four on the 28 north and south sides. There is one gate on the east side of the fence, but it’s much taller than the 29 fence and locked real tight. 30 31 By April 2016, Hornfels asked me to increase the checks on the fencing around the quarry. I was 32 instructed to keep a log, and a copy of that log is Exhibit 6. I started checking most mornings 33 around 8 a.m. to see if anyone was in the quarry area. Of course, it wasn’t a big deal for kids to go 34 to the quarry during the winter, so I didn’t check it daily then. When the weather started to get 35 warm, since I hadn’t seen too many people the previous summer, I went to the quarry property but 36 didn’t need to walk the fence line daily. I walked the whole fence two to three times a week in the 37 mornings, checking for gaps or damage. 38 39 Frankly, I saw Arkose Marl, the neighborhood meddler, more than I saw anyone else. I often 40 wondered if Marl was there to try to walk the quarry. One time, Marl surprised me … big league, 41 when I was pulling some trash out of the area. Marl complained that I was not doing enough to 42 keep the kids out. Never offered to help though. The “No Trespassing” signs had my company-43 issued cell phone number on them! Marl could have called me on my cell at any time, for any 44 reason, since Marl had started some sort of neighborhood watch. Marl never called. Not once. 45 46

FACT STATEMENT OF SCHIST GREYWACKE Page 2 of 3

Starting around April 2016, I kept finding fence rings cut off when I would walk the perimeter. It 1 was good for my back to get out of the truck and walk, so I started walking through the paths that 2 the kids had made, found the gaps in the fencing. I did not write it down each time I found broken 3 fence rings, but I wrote down when I went to the site and when I found trespassers. It seemed that 4 as soon as I repaired one gap, I would find a new one. Exhibit 2a looks like one of the holes I found 5 once and then tried to fix with a coat hanger until we could get the fence guys out there. But I 6 haven’t seen this particular picture or Exhibit 2b before today. Not from Marl, not from anyone. 7 8 Two summers ago, I did catch a couple of seniors shortly after school let out jumping off the ledge, 9 kind of a dare devil stunt. I ran them off and told them not to come back; that the water could be 10 hiding all kinds of mining stuff, rocks, maybe even an old forklift. Last summer, in 2016, I caught 11 some kids again doing the same thing. They even had a rope with them that most-recent time. After 12 that, I suggested to Hornfels that we maybe should call the school principals to ask them to tell the 13 kids to stay away. I don’t know if that call was ever made but I tossed the rope. I kept cleaning up 14 trash and stuff, and if I found kids, I started calling the police hoping they would take the kids to 15 the station or lecture them. But the few times the police did show up, they just shooed the kids 16 away and told them not to come back. 17 18 About two weeks before Ganister Flint died, I had gotten permission to buy a drone. Hornfels got 19 someone to show me how to fly a drone, but sad to say, the drone we ordered didn’t come in the 20 mail before Ganister Flint jumped off. I can’t help but wonder if the drone would have made a 21 difference that day, but I keep reminding myself that I had walked the paths, just like I did 22 before, and did not see any signs of a new fence break-in. Could a person have climbed over? 23 Well yes, but we still had the signs out there. I was driving in the area on June 11 when I saw all 24 these police cars and ambulances descend on the quarry area. One ambulance parked on 146th 25 street just south of the quarry and the EMTs ran full speed into the woods in the direction of the 26 quarry, so I immediately called Hornfels who told me to help out in any way I could. The EMTs 27 knocked down part of the fence so they get to the Flint kid before I could help them, and there 28 wasn’t much else I could help with after that. I saw them take that poor kid away on a stretcher. I 29 went back to Hornfels and asked if we could electrify some part of the fence. Just to keep those 30 kids out. He agreed and we installed a 10-foot cyclone fence with razor wire on top about a 31 month after that awful event at the quarry. A day or so after the incident, Hornfels reassigned me 32 and instead let that Dawes kid monitor the quarry with our new drone. I am still picking up trash 33 at the site, but not doing any official security, so I stopped making logbook entries after June 11, 34 2016. 35 36 Further, affiant sayeth naught. 37 38

Schist Greywacke 39

SCHIST GREYWACKE 40 41

SIGNED AND SWORN TO at 2:13 p.m. on this the 19th day of July, 2017. 42 43

FACT STATEMENT OF SCHIST GREYWACKE Page 3 of 3

ADDENDUM TO STATEMENT OF SCHIST GREYWACKE 1 2 On the day of the accident, I did find a hole in the fence from those sly kids. It was just about 3 where the word “FENCE” appears on Exhibit 1. I confronted some kids that were still there after 4 the EMTs took the Flint kid away and demanded to know how they got in. The kids showed me 5 a hole that was covered with one of the “No Trespassing” signs like in Exhibit 5. I had walked by 6 that very place earlier that week. 7 8 A few weeks after the accident, we put up signs like Exhibit 8 that identified that there might be 9 things under the water. I don’t know what was under there, but I think that someone said that there 10 might be a truck or something. Since I wasn’t flying the drone and wasn’t really working security 11 that much, I have no idea. I thought about getting my unmanned pilots license to try and convince 12 Hornfels to let me operate the drone instead of his niece’s boyfriend, but that license requires a 13 high school diploma. I’m thinking about getting my GED but I have no plans yet. 14 15 I forgot to mention in my original statement that I attended a PTA meeting sometime in the summer 16 of 2016. Yes, they still hold PTA meetings during the summer, but they are just less frequent. 17 Anyways, I made a statement during the public comment time at the beginning and I asked the 18 PTA to consider lecturing the whole student body about the dangers of swimming in the quarry. 19 The PTA board said they’d consider it, but I never heard anything more. I was at the meeting for 20 less than 15 minutes, only got to speak for about two minutes, and was one of twenty people who 21 spoke during the public comment time. 22 23 I read that Arkose Marl claims to have yelled at me about the fence or something. Marl is the town 24 busybody, always poking around in everyone else’s business. Not just TDC property, but 25 everywhere. The entire town thinks Marl is a loon. The only time I remember Marl yelling at me 26 in any form or fashion was one day when Marl drove by and screamed something at me from the 27 moving car. I couldn’t make out what was being said, but I waived politely. 28 29 Further, affiant sayeth naught. 30 31

Schist Greywacke 32

SCHIST GREYWACKE 33 34

SIGNED AND SWORN TO at 7:04 a.m. on this the day of trial. 35

FACT STATEMENT OF SHALE GABBRO Page 1 of 4

FACT STATEMENT OF SHALE GABBRO 1 2 My name is Shale Gabbro. I’m now 15 years old. I live in a condo with my parents and two sisters, 3 Laurel and Madeline. The address is #206, 133rd Street here in Texoma. Ganister Flint lived a 4 couple of blocks from me. We both went to Rick Perry Junior High. I was in 7th grade when he 5 moved here. While Ganister was only in 6th grade, we became totally friends. We caught the same 6 bus to school and lived close to one another. Although he was only 12 (closing in on 13), we had 7 a lot in common. We both totally liked to skateboard and ride dirt bikes through the woods and 8 over dirt mounds at construction sites. I’m totally bummed that he’s gone. I wish he’d listened to 9 me. If he did, he’d be alive today. 10 11 Ganister moved here from Minnesota mid-semester. He was treated as an outsider at school 12 because he didn’t go through grade school with the guys in his class like all of them did. He played 13 like he was a loner, but, really, he was lonely and sad. I felt sorry for him, so I started palling 14 around with him after school and on weekends. 15 16 Ganister was a good student. Totally responsible – as a student. You know, always did his 17 homework and stuff. He said he’d started doing some baby-sitting for some neighbors, saving up 18 to buy a new radical skateboard. You know, one you can do totally outrageous tricks with like you 19 see on X Games on TV. At school, he tried out for some school sports teams, but couldn’t get on 20 one, probably because the coaches didn’t know him. He joined the Math and Chess clubs, to try to 21 fit in somewhere. But he really wanted to become one of the totally cool “in crowd kids.” That’s 22 the one thing about him I didn’t like that much. 23 24 Maybe he tried too hard. Once after school, some of the other kids were doing skateboard tricks. 25 You know, jumping down steps while flipping the board and trying to ride the board down railings. 26 One of the older kids did a totally cool jump down a very long set of steps. Well, Ganister grabbed 27 his skateboard and said, “I can do that. I’ll show them!” I said, “Don’t be stupid,” but he went to 28 the top of the steps, got a good running start and went airborne on his board. It didn’t turn out well; 29 it was like one of those total skateboard disasters you see on TV. He didn’t flip his skateboard 30 enough so when he landed, he lost his balance, the skateboard went flying, and he landed on his 31 face. Then the board hit him on the back of the head. He got totally messed up. Took two weeks 32 for the scabs on his face to go away, totally. I helped him home where I met his parent, Gossan, 33 who was not happy and kept saying, “When are you going to learn and stop doing such stupid, 34 dangerous stuff?” Gossan seemed to like me and was always urging Ganister and me to do things 35 together. 36 37 Another time, Ganister joined a game of dodge ball with some of the older kids at school. You 38 know how that works. The players divide into two groups. The kid with the ball tries to hit a kid 39 in the other group. If he does, that kid is out of the game. If he misses, the other group gets that 40 ball and one of them tries to hit someone in the other group. Last man standing wins. But, this 41 time, they were playing with a softball, not a volleyball. They called it “Murder Ball.” Well, 42 Ganister says to me, “Let’s play!” I said it would hurt too much; a softball was too hard and 43 difficult to dodge. But Ganister said, “Come on. Don’t be a chicken,” joined one group and yelled, 44 “Nyah, Nyah. You can’t hit me!” Well, he got hit pretty quick, and right between the eyes. The 45 kid that hit him was the star pitcher on the school’s baseball team. And I could tell he threw at 46

FACT STATEMENT OF SHALE GABBRO Page 2 of 4

Ganister on purpose. Ganister had to go to the school nurse, who sent him home, and he had a 1 bump there for a week. Again, just trying too hard to fit in and prove he wasn’t a nerd. 2 3 I think that is what was going on the day Ganister died. It was a hot Saturday just at the start of 4 summer vacation. June 11, 2016—I’ll never forget that date. We agreed to meet after lunch. 5 Ganister said he’d heard that some of the kids from the neighborhood often got into the old 6 abandoned rock quarry near where we lived. He said they told him where to find a hole in the fence 7 that surrounded the quarry, and that the quarry was a great place to swim and dive. My parents 8 told me never to go to the quarry. I knew I’d be punished if I did. No mePhone™ for a week!! 9 Wretched! 10 11 However, Ganister kept pestering me that we should check it out; that there would be no harm in 12 just going to the quarry to see what we could see from the fence. I had never been there before. I’d 13 walked and ridden past it many times on Chalk Lane. I was curious, but there was a tall chain-link 14 fence with “No Trespassing” signs all around it, so I never thought about disobeying my parents 15 and trying to sneak in. Plus, I had checked out the fence earlier in the year, but it looked solid and 16 I wasn’t going to climb over it. But Ganister made me curious, so I agreed. 17 18 We rode our bikes through the forested area west of the quarry, not down Chalk Lane. When we 19 got there, the “No Trespassing” sign on the fence was on the ground and somebody had cut a hole 20 in the fence. It was easy to get through the hole in the fence. Then we heard yelling and laughing, 21 coming from the quarry. Ganister said, “Cool! Let’s go!” I said, “Let’s not. We could get arrested 22 for trespassing.” Ganister said, “They don’t arrest kids. Don’t be such a total chicken! We’re just 23 gonna look around.” I gave in and said okay, but just to look around. 24 25 We walked a bit and eventually found the edge of the quarry. We were on the high side of the rock 26 ledge, which went out ahead of us and bent back to the right at a ninety degree angle. You see 27 those two trees together in the middle of Exhibit 3? I think we were right around there when the 28 quarry first came into view. The quarry was filled with water. Exhibit 3 is a pretty good picture 29 of the quarry. Several older kids – 16 or 17 years old, some from our school – were swimming in 30 it, and some were actually jumping off a really high cliff that overlooked the quarry on one side. 31 Some were even swinging out over the water on a rope that was tied to the branch of a large tree 32 on the ledge. The branch hung out just over the edge of the quarry so you could get a running start, 33 grab the rope, swing out over the water, let go and drop – oh, 20 or 30 feet – into the water. I’ll 34 admit it looked like fun – totally scary, but fun, like a roller coaster – but I knew I wasn’t going to 35 do it. 36 37 After we watched several of the older kids do this, Ganister said he was going to try it. He took 38 off his t-shirt and sneakers so he only had his jeans shorts on. I grabbed his arm and said, “Dude! 39 Don’t be stupid. We should leave.” At that point he hesitated and said, “Well, okay, but at least 40 let’s go swimming.” Just then, a couple of the older kids who had just used the rope to jump into 41 the water saw us and yelled things like, “What are you waiting for? Too chicken to use the rope? 42 Come on! We double-dog dare you to do it!” Ganister turned to me and said, “Look. All the other 43 kids are using the rope and not getting hurt. Plus, I’m an excellent swimmer. I’m doing it!” 44 45

FACT STATEMENT OF SHALE GABBRO Page 3 of 4

I said I wasn’t, but Ganister said, “Suit yourself. Tell me how big my splash is,” and ran over to 1 the tree with the rope swing near the top of the cliff. All the other kids were urging him on. One 2 yelled, “Bet you chicken out, you little dweeb!” Ganister got a running start, jumped and grabbed 3 the rope, but I guess because of his size and weight, he didn’t swing very far out over the water 4 before he let go (yelling “Geronimo!”), so he went into the water pretty close to the quarry wall. 5 6 Ganister went into the water nearly face first. I watched for him to surface. Seconds passed. He 7 didn’t come up. I became worried … then anxious … then really frightened when he still didn’t 8 surface. I yelled to the other kids and they swam to where Ganister hit the water. One of them 9 found Ganister and pulled him to the surface. I later found out that was Hash, who is a good 10 swimmer. Ganister wasn’t conscious. I was terrified. As they pulled Ganister out of the water, 11 someone yelled to call an ambulance. I dialed 9-1-1 and told them what happened. I then went 12 down to Ganister. He wasn’t moving at all. He had a terrible gash on his forehead that was bleeding 13 badly. One kid was attempting to revive him. Then the EMTs arrived and took Ganister away… 14 they were still trying to revive him. I went home, crying all the way. Later that night, Ganister’s 15 parent called my folks and told them that Ganister had died. I went to my room and cried all night. 16 If only he had listened to me! If only the big kids hadn’t dared him to do it! 17 18 My parents were going to punish me for going to the quarry, but when they learned that Ganister 19 had died, they relented and let me keep my mePhoneTM. They said that Ganister’s death was 20 punishment enough. They got that totally right! 21 22 I’ve never gone back to the quarry. Never will. Ever. 23 24 Further, affiant sayeth naught. 25 26

Shale Gabbro 27 SHALE GABBRO 28 29

SIGNED AND SWORN TO at 11:59 a.m. on this the 9th day of August, 2017. 30 31

FACT STATEMENT OF SHALE GABBRO Page 4 of 4

ADDENDUM TO STATEMENT OF SHALE GABBRO 1 2 Sure, Ganister did some stupid things sometimes and got hurt. But they weren’t that dangerous. 3 The older kids were jumping into the quarry on the rope swing and nothing happened to them. 4 And, like, I’d never heard of anyone getting hurt swimming in the quarry and I’ve lived here for 5 years. There was no way to tell that there was a rock ledge under the surface that extended out 6 from the wall of the quarry about 10 feet. The water was too dark to see it. I guess the big kids 7 could swing out far enough to jump beyond the hidden rock and Ganister either couldn’t or didn’t. 8 And, there weren’t any signs warning us about hidden rocks. It’s a wonder even more kids haven’t 9 gotten hurt. 10 11 I had heard about the rope swing before the day Ganister died. Apparently, the first rope swing 12 was taken down by the guard, but everyone knew about the huge sailboat that Madison’s dad 13 owned. Madison could get more rope without a sweat. 14 15 I follow Hash’s Chirpster account and I remember seeing the chirps by Hash that are included in 16 Exhibit 7. I sent Hash a direct message, a DM, and Hash sent me the picture of Madison jumping 17 into the quarry, Exhibit 4. 18 19 Further, affiant sayeth naught. 20 21

Shale Gabbro 22 SHALE GABBRO 23 24

SIGNED AND SWORN TO at 7:10 a.m. on this the first day of trial. 25

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Exhibit 1

(279) 555-0160

Exhibit 5

Page 1 of 2

SCHIST GREYWACKE LOGBOOK – TEXOMA DEV. CORP PROPERTY

April 2, 2016 (Saturday) – Boss advised me to keep a logbook for my visits and

security checks of areas around Jackson Quarry. This is that logbook.

8:04am, walked entire perimeter of fence around quarry and saw no holes or damage

to fence; no people present on property; picked up small amount of trash outside

perimeter of fence, including empty beer cans and some food wrappers.

April 11, 2016 (Monday) – 8:15am, walked entire fence line; picked up trash (candy

wrappers) and checked fence for holes and damage, but found none; one person

present, Arkose Marl, who I briefly spoke with (after Marl nearly scared me to death!);

I advised Marl that the area was private property and to keep out, but to call the

number on the No Trespassing signs if there was something to report; Marl

complained that I wasn’t doing enough… Go figure.

April 12, 2016 (Tuesday) – 7:55am, walked fence; no trash and no persons present.

April 15, 2016 (Friday) – 3:15pm, walked entire fence line; no trash and no persons

present; found 1 No Trespassing sign on the ground near east side of fence; sign

appears to have been torn down from fence; advised Boss of the fence and I put in a

work order to reattach sign.

April 16, 2016 (Saturday) – 12:15pm, arrived at property to walk fence line and

heard children’s voices; discovered 4 kids inside fence line playing near the quarry; I

sternly instructed them to leave and never return; I also made them take their trash

before leaving; recommended that they go to Memorial Park instead; advised Boss of

entire situation; walked entire fence line and discovered no holes or damage to fence.

April 22, 2016 (Friday) – 8:00am, walked fence line and saw part of the fence had

been detached from support poles near northern side of quarry; metal rings that had

attached fence to the support poles were on the ground near fence and looked damaged;

I spotted Arkose Marl walking near the fence line but Marl disappeared before I could

start a conversation; no other persons present; put in a work order to fix fence.

April 27, 2016 (Wednesday) – 8:15am, walked fence and inspected repairs to fence

and support poles; fence is sturdy; cleaned up trash (beer cans, food wrappers) that I

found a few feet inside fence line; checked entire fence again but no further damage.

May 1, 2016 (Sunday) – 1:25pm, arrived at property and heard kids’ voices again;

found at least 10 inside fence line, mostly high school kids; almost all ran away

when they heard my voice, but I caught six swimming in Jackson Quarry and

personally escorted them off the property; I told kids to stay away and swimming was

dangerous in the quarry; advised Boss we should call school principals or PTAs.

Exhibit 6

Page 2 of 2

SCHIST GREYWACKE LOGBOOK – TEXOMA DEV. CORP PROPERTY

May 7, 2016 (Saturday) – 4:45pm, driving by property and noticed kids trying to

climb over the fence on east side; honked my car horn and the kids scattered; I

inspected fence where kids were trying to climb and saw fence had been detached from

support poles again, just like last time; I put in work order to fix fence damage and

Boss advised we need more No Trespassing signs; I purchased six new signs from

local hardware store and will attach them next week.

May 10, 2016 (Tuesday) – 10:00am, installed new No Trespassing signs to fence

and walked entire fence line; fence has not been fixed yet but work order was

submitted; no trash and no persons present other than Arkose Marl again; I tried to

talk to Marl but Marl walked away without speaking to me.

May 16, 2016 (Monday) – 8:15am, walked fence line and discovered a second area

where fence had been detached from support pole; I updated the work order so both

sections of the fence would be fixed, which should take place later this week; small

amounts of trash picked up; I found an old but useable fishing pole inside fence line;

Boss said I could keep the fishing pole – Groovy!

May 27, 2016 (Friday) – 12:40pm, could hear children’s voices from the road as I

drove by with windows down; went inside fence line but could not find anyone; no

trash and no damage to fence line; walked entire fence twice to be sure and double-

checked the new fence rings; maybe I’m just hearing things? Boss says we are

getting a drone soon that I will get to use to monitor the property more efficiently;

should be arriving in a couple of weeks; some kid is going to teach me how to use it.

June 3, 2016 (Friday) – 9:15am, walked entire fence line twice; no persons present;

went inside the fence line and found a long rope the kids must have left behind the

last time they trespassed; threw rope away even though it seemed like a nice rope.

June 5, 2016 (Sunday) – 11:05am, stopped at quarry on way home from church and

spotted four kids inside the fence line; called police who just scolded the kids.

June 10, 2016 (Friday) – 3:35pm, observed several kids riding their bikes down Chalk

Lane near 140th street; they were looking down at the quarry in the distance; when

they saw me, they rode away; no other persons present near the quarry.

June 11, 2016 (Saturday) – 5:15pm, police and ambulances present at quarry;

trespassing kid jumped off rock ledge and has since passed away; broke his neck;

EMTs knocked down part of fence and work order submitted; couple kids showed me

hole in fence they were using to access the area, which was covered by No Trespassing

sign; will advise Boss that bigger fence with razor wires is probably necessary.

.# Tuff @TuffScore Jun 10Guard’s rounds done. Anyone up for swimming tomorrow? #summerishere!!

92 581

^

Tuff @TuffScore Jun 3# . ^

103 320

Just checked out the “old swimmin’ hole… #quarrytime!!

Tuff @TuffScore Jun 4# .

The water’s perfect! GOGO Madman Madison! DM if you want the pic! #H20gold #youshouldjoinus

^

75 831

.# Tuff @TuffScore Jun 8

It is HAWT outside #cookinlikebacon #quarrydream

115 440

^

.# Tuff @TuffScore Jun 11…can’t talk about it… #HMUifyouwant #hiddendangers#nooneshouldseethatever #poorkid

44 103

^

Exhibit 7