HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 137G - Exhibit G - Weaver Depo Transcript Excerpts30(b)(6) City of Fort Collins Lieutenant Kelly Weaver - September 15, 2021
1 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
2
Civil Action No. 1:18-cv-03112-RBI-STV
3
_________________________________________________________
4
SEAN SLATTON,
5
Plaintiff,
6
vs.
7
CITY OF FORT COLLINS,
8
Defendant.
9
_________________________________________________________
10
VIDEOCONFERENCED 30(b)(6) DEPOSITION OF
11 THE CITY OF FORT COLLINS
BY LIEUTENANT KELLY WEAVER
12 September 15, 2021
_________________________________________________________
13
VIDEOCONFERENCED APPEARANCES:
14
ON BEHALF OF THE PLAINTIFF:
15 TYRONE GLOVER, ESQ.
Killmer, Lane & Newman, LLP
16 1543 Champa Street, Suite 400
Denver, Colorado 80202
17 Phone: 303-571-1000
Email: tglover@kln-law.com
18
ON BEHALF OF THE DEFENDANT:
19 MARK RATNER, ESQ.
Hall & Evans, LLC
20 1001 17th Street, Suite 300
Denver, Colorado 80202
21 Phone: 303-628-3300
Email: ratnerm@hallevans.com
22
Also Present: JOHN DUVAL, ESQ., City of Fort Collins
23
24
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30(b)(6) City of Fort Collins Lieutenant Kelly Weaver - September 15, 2021
1 same time.
2 The last piece is, you know, we need to
3 give audible answers, right? So no head shakes; yes or
4 no -- or uh-huhs. Real clear affirmations, real clear
5 answers, because the record cannot reflect if it's nods
6 or whatnot.
7 Then the last one has less to do with the
8 court reporter. Your counsel, Mr. Ratner, will, from
9 time to time, make objections -- or counsel for the City,
10 Mr. Ratner, will make objections. Unless he instructs
11 you not to answer, you can just go ahead and answer.
12 He's making those objections to preserve the record.
13 Is all of that understood?
14 A Yes, sir.
15 Q Okay. So, Lieutenant Weaver, what is your
16 current job?
17 A My current job right now, I'm the Community
18 Engagement Lieutenant over Special Operations Division.
19 Q Okay. And how long have you been in that
20 position?
21 A Since June of this year. I just
22 transferred.
23 Q Okay. So June of 2021?
24 A Yes.
25 Q And what were you doing before then?
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30(b)(6) City of Fort Collins Lieutenant Kelly Weaver - September 15, 2021
1 Q (By Mr. Glover) And, you know, in your own
2 view, in knowing your history and qualifications, you
3 know, why do you feel -- if at all, feel you're qualified
4 to testify about the topics you've been designated for
5 today?
6 A Well, I've been the defensive lead -- we
7 have two different categories. We have the defensive
8 tactics instructor. Then we have what we call is a lead
9 defensive tactics instructor. I'm classified as a lead
10 defensive tactics instructor. And the roles and
11 responsibilities of a lead defensive -- I'm just going to
12 say DT -- which is defensive tactics -- instructor, so I
13 don't have to keep repeating that, is we're responsible
14 for several things.
15 One is we train and develop other
16 instructors, which are the instructors underneath me. We
17 provide numerous -- what we call in-service training.
18 And all in-service trainings go over techniques. It goes
19 over the use of force. It goes over policy. It goes
20 over standard operating procedures.
21 In addition, we also -- I also -- one of my
22 roles is risk management, so not only do the techniques
23 that we -- that I teach and demonstrate, we have to keep
24 that in relation to the injury potential that it has on
25 the officers and the people that we're dealing with out
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30(b)(6) City of Fort Collins Lieutenant Kelly Weaver - September 15, 2021
1 basis.
2 (Playing video.)
3 Q (By Mr. Glover) Okay. Lieutenant, so as it
4 relates specifically to the use of force, there were two
5 things in that video, correct, the strike with the baton
6 to Mr. Slatton's leg, right?
7 A Yes.
8 Q And the use of the OC spray to his face?
9 A Yes.
10 Q What is the policy regarding when you are
11 permitted to use a baton?
12 MR. RATNER: I'm going to object to form,
13 outside the scope.
14 A So an officer is basically justified in
15 using a baton and/or impact weapon, but we'll use the
16 baton, when less degrees of force are inappropriate or
17 ineffective and we cannot articulate using deadly force.
18 Q (By Mr. Glover) And to flesh that out a
19 bit, you know, what is -- you know, when you're training
20 folks, what factors do they consider when determining
21 whether lesser uses of force are inappropriate?
22 A Well, there's several things. One is
23 the -- we're talking about the use of the baton, is the
24 level of resistance and the six levels of control. And
25 this all ties into what we call is the one-plus-one
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