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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 2 3 MICHAELLA LYNN SURAT, Civil Action No. 19-cv-00901-WJM-NRN 4 Plaintiff, 5 vs. 6 RANDALL KLAMSER, in his individual capacity, 7 and CITY OF FORT COLLINS, a municipality, 8 Defendants. _____________________________________________________ 9 VIDEOCONFERENCED DEPOSITION OF GARRETT PASTOR 10 May 11, 2020 11 _____________________________________________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1 Stevens-Koenig Reporting, A Veritext Company 303-988-8470 &YIJCJU. EXHIBIT M 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. Page 27 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 Page 28 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 Page 29 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) Stevens-Koenig Reporting, A Veritext Company 303-988-8470 Case 1:19-cv-00901-WJM-NRN Document 142-4 Filed 01/04/21 USDC Colorado Page 2 of 2