HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 142-4 - Exhibit M1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
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3 MICHAELLA LYNN SURAT, Civil Action No.
19-cv-00901-WJM-NRN
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Plaintiff,
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vs.
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RANDALL KLAMSER, in his individual capacity,
7 and CITY OF FORT COLLINS, a municipality,
8 Defendants.
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VIDEOCONFERENCED DEPOSITION OF GARRETT PASTOR
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May 11, 2020
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EXHIBIT
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Case No. 19-CV-00901
Case 1:19-cv-00901-WJM-NRN Document 142-4 Filed 01/04/21 USDC Colorado Page 1 of 2
Page 26
1 Q. (BY MR. LANE) She weighs less than
2 you. I would hope so. But we're talking about maybe
3 100 pounds, 105, 110, something like that?
4 MR. RATNER: Same objection.
5 Q. (BY MR. LANE) Is that right?
6 A. Around there, yes.
7 Q. And she's about 5-3 or something like
8 that, right?
9 A. I don't remember.
10 Q. Well, she's a small, small woman,
11 right?
12 A. Right.
13 Q. And she was wearing a miniskirt, right?
14 A. She was wearing a dress, yes.
15 Q. A miniskirt and
16 I'm-going-out-on-the-town heels, right?
17 A. Yes.
18 MR. RATNER: Object to form.
19 Q. (BY MR. LANE) You never saw a weapon in
20 her hands, did you?
21 A. I did not see a weapon in her hands,
22 no.
23 Q. And when she was arrested and searched,
24 there was no weapon, right?
25 A. No.
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1 Q. Am I right about that?
2 A. I did not find a weapon, no.
3 Q. Another option you said was for Klamser
4 to disengage. But wouldn't another option be just --
5 he had her by the wrist, correct?
6 A. I believe so.
7 Q. And it appeared that she was trying to
8 get away, right? I mean, you've seen the Klamser
9 body cam, right?
10 A. I saw that clip of it, yes.
11 MR. RATNER: Form and foundation.
12 Q. (BY MR. LANE) She seemed to be pulling
13 away. That's what it looked like. "Get your fucking
14 hands off me." She kept screaming "Leave me alone,"
15 right?
16 A. Right.
17 Q. Had Klamser said, Hey, Pastor, could
18 you give me a hand here, what would you have done?
19 A. I would have probably given him a hand.
20 Q. And you would have gone over and
21 probably grabbed her free hand, right, because
22 Klamser had her by one wrist, correct?
23 A. Yes.
24 Q. And then between 450 pounds of cops,
25 you, based on your training and experience and life
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1 on planet Earth, would agree that 450 pounds of you
2 guys probably could have controlled Michaella Surat,
3 correct?
4 MR. RATNER: Form and foundation.
5 A. Correct.
6 Q. (BY MR. LANE) And then you put her in
7 cuffs and it wouldn't have been probably a terribly
8 difficult thing to have done, right?
9 MR. RATNER: Same objections.
10 A. Probably.
11 Q. (BY MR. LANE) Probably. Yes, maybe she
12 is the reincarnation of a, you know, the god of all
13 martial arts. Maybe she could have broken your neck
14 with a kick. Possibly, yes, along with a meteor
15 coming down and killing all of you. All things are
16 possible, I understand. But I'm asking probable.
17 Probably you could have cuffed her and taken her
18 away, right?
19 MR. RATNER: Same objections.
20 A. Yes.
21 Q. (BY MR. LANE) That would have been a
22 lesser use of force than body slamming her into the
23 ground like Klamser did, right?
24 MR. RATNER: Object to form.
25 A. It would have been a lesser use of
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1 force, yes.
2 Q. (BY MR. LANE) That would have
3 accomplished the very same end, which was control
4 Michaella Surat, right?
5 A. Yes.
6 Q. Clearly had Klamser taken out his gun
7 and shot Michaella Surat, that would have been
8 excessive force, right?
9 A. Yes.
10 Q. What if he had taken out his billy club
11 and wonked her on the head with his billy club, would
12 that have been an excessive use of force based on
13 your training and experience?
14 A. Yes.
15 Q. What about throwing her violently to
16 the ground so she strikes her head on the pavement
17 causing a concussion when a lesser use of force would
18 have accomplished the same end? Isn't that also an
19 excessive use of force?
20 MR. RATNER: Object to form and
21 foundation.
22 A. The takedown that Officer Klamser did
23 was not an excessive use of force. We're not trained
24 to take someone down to make sure their face or head
25 slams on the concrete or whatever ground they're
8 (Pages 26 - 29)
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