HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 133B - EXHIBIT 2EXHIBIT 2
Case 1:17-cv-00884-CMA-STV Document 133-2 Filed 07/26/19 USDC Colorado Page 1 of
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-00884-CMA-STV
_______________________________________________________
DEPOSITION OF CHAYCE AARON ANDERSON
MAY 2, 2019
_______________________________________________________
CHAYCE AARON ANDERSON,
Plaintiff,
vs.
JASON SHUTTERS,
Defendant.
_______________________________________________________
PURSUANT TO NOTICE, the deposition of
CHAYCE AARON ANDERSON was taken on behalf of the
Defendant, pursuant to the Federal Rules of Civil
Procedure, at the Arkansas Valley Correctional Facility,
12750 State Highway 96, Ordway, Colorado, on May 2,
2019, at 10:03 a.m., before Laura K. McMahon, Registered
Professional Reporter and Notary Public within Colorado.
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by, and they administer medication if you already have
it on your record. If you don't have it on your record,
they skip your cell. So, they don't even come up and
say -- they -- the only thing they might have said to me
was, are you doing okay? And I would probably respond,
I am -- I am -- I am doing all right, or as best as can
be expected, and then they'd move on. So --
Q At Bent County, did you ever submit any sort
of request to see a doctor in relation to pain in your
wrists?
A I would say "no," and it wouldn't be
reasonable, that I had, because I was only there for two
weeks --
Q All right.
A -- at tops (sic).
Q So we have got Arkansas Valley, Colorado
Territorial, Bent County, and Larimer County Detention
Facility. Are those all the prison, or jail facilities,
that you have -- you have been at -- since being
arrested for this matter?
A Yeah, it was Larimer County Jail, DRDC --
Q Oh, DRDC. Let me ask you about that. Denver
Reception & Diagnostic Center?
A Yeah.
Q And did you ever submit a request for medical
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Q What sort of complaints did you make to the
nurses --
A Verbal complaints to the nurses.
Q All right, you have got to let me finish.
Other than -- well, strike that. At Larimer County,
what -- what were you complaining about to the nurses --
A Well --
Q -- in regards -- in regards to your wrists?
A Physical pain, shooting pains in my wrists.
Originally, for the first couple days, my wrists were
really swollen, and it improved over time, but I've had
sort of like nerve damage in my wrists. It's more of
like a -- a reoccurring, spontaneous shooting pain in my
wrist. It's sort of -- it feels to me like a pinched
nerve, but it's more of -- it comes and goes, but it's
shooting pain, it's physical pain in my wrist.
Q To your knowledge, has a doctor ever diagnosed
you with nerve damage to your wrists?
A I -- I -- I do not recall or I -- I do not
believe so.
Q Okay. Has a -- have you -- strike that. Have
you ever been diagnosed with a pinched nerve in your
wrists?
A I do not believe so.
Q Okay. Have you ever suffered any injuries to
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something they saw happen, something that they don't
want other inmates to know, that they have provided to
the police or the correctional officers here.
So a kite -- when you said "kite" -- is a
request for an interview, and you drop it in the
mailbox. And it's not anything to do with medical.
Q Have you ever submitted a kite, while you were
here at Arkansas Valley?
A Well, I would have never submitted a kite
regarding medicals. It's a medical --
Q I am not asking you about medical. I am
asking you, in general. Have you ever submitted a kite
while here at Arkansas Valley?
A I have submitted a kite, yes.
Q Okay. After you were arrested -- well, strike
that. After you were arrested in August of 2015 for
sexual assault, was there any period in time where you
had been released?
A No.
Q So, you -- since August of 2015, you have
always been incarcerated, correct?
A Yes.
Q All right. Let's talk about your arrest in
August 2015. I have August 28th, 2015. Does that sound
right?
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A It was either the 28th or 29th of August,
2015.
Q Okay. And do you remember that day?
A Yes, I do.
Q All right. And do you remember talking to
anyone from the Fort Collins Police Department?
A I believe Sergeant Cochran and a transport
officer named Andrew Edmonds.
Q Okay. In regards to Sergeant Cochran, what
did you tell Sergeant Cochran? What kind of
conversation did you have?
A She was asking me about my vehicle, my truck,
which had been hit by a drunk driver on the previous
night. So I had received a card on my windshield, on my
diesel truck, and I had voicemails, the recording of
deputies, so, our entire interaction was me playing the
voicemails, for her to listen to, and answering some of
her basic questions, about where I had been the night
before. So --
Q All right. And did Detective Shutters show up
on that scene at any point?
A Yes, he did.
Q Okay. And -- well, let me ask you this.
Let's back up. You had come to the scene to go check on
your -- on your truck, correct?
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A Well, I had been checking on my truck all day.
I was coming to my truck to get a change of clothes out
of a suitcase.
Q Were you living out of your car?
A I was for about a month --
Q Okay.
A -- in my relocation from Denver. I was
working at Denver International Airport, and I was
constantly traveling. And I had a lease, that fell
through, so I didn't move into a new house, so I decided
to relocate. And I was sleeping in my truck for about a
month --
Q All right.
A -- or -- or in hotel rooms.
Q About what time of day or night did you talk
to Sergeant -- Sergeant Cochran?
A About -- probably about 9:30 p.m. to
10:30 p.m. Somewhere around there.
Q All right. What -- where were you coming from
before you arrived on-scene to speak with Sergeant
Cochran?
A I had long-board -- I had long-boarded, in a
pair of shorts, and a cut-off T-shirt, to get a -- eat
at a sub restaurant. It's sort of on -- I can't
remember the name of it, but it's right behind -- Silver
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friendly with both, the transport officer and the
ranking officer on the scene, Sergeant Cochran, and I
was basically entrapped at my vehicle and not told the
reason why I was being questioned. I was told that I
had to answer questions and that -- he wouldn't tell me
what questions, about what case -- and so it was sort of
like blind questions. So I exercised my right to remain
silent, and I asked for a lawyer. And then he detained
me.
Q Okay. And when you said he -- you -- he
detained you -- how did he do that?
A He told me to face my vehicle. He took some
things out of my hand, I believe my wallet and my -- and
a cup that I had from the sub restaurant, where I had
been eating. He did a -- had me place my hands on the
back of my head. He did a pat-down with one hand, while
he held my hands, and then he applied handcuffs to me
before placing me in a transport office -- like a
transport vehicle to the jail -- or -- well, I didn't go
to the jail. I went to the police station. So --
Q Okay. And how was Detective Shutters'
demeanor towards you?
A It was cordial or friendly but with a sinister
element to it. There was a -- it was definitely not
somebody being friendly or trying to be my friend. It
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A Possibly, in the same examination which would
have been done. All of my tattoos were documented,
so -- the top and bottom of my wrists, in the hospital,
emergency room, would have been taken as well.
Q You -- you -- it's your position that you
still have pain from being handcuffed by
Detective Shutters, correct?
A That is correct.
Q All right. Well, what sort of things could
you do before you were arrested in August of 2015, that
you can't do now, because of your wrists?
A Well, I haven't been not incarcerated. So,
most of the things I would have done before -- I am
currently incarcerated, so, I can't do it because I am
incarcerated.
Q Okay.
A But in terms of like -- like exercise -- you
know, gripping, gripping things -- possibly, it might
affect -- my -- my hands are very valuable for operating
heavy-duty equipment. It could have an impact on my
ability to control a joystick of a machine, if I have a
shooting pain, and I react to my pain in my wrist
(indicating). I could do a sudden movement with the
machine and -- and, possibly, damage equipment or injure
somebody on a job site.
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So, it does have implications toward my
career. So --
Q Uh-huh. What sort of exercise is limited by
the pain in your wrists?
A Anything that puts pressure. You know, I --
Q Well, give me an example.
A -- I used to be able -- I used to be able to
do pull-ups. I can't do pull-ups really anymore.
Push-ups; I have trouble doing push-ups
because of the -- the pressure on my wrists -- can cause
shooting pains. I mean I can do other types of
exercise, like walking and jogging and stuff like that,
but that's no pressure on my wrist. So --
Q Okay. All right, give us a couple minutes.
(Brief recess was taken from 11:23 a.m. to
11:25 a.m.)
BY MR. RATNER:
Q Mr. Anderson, have you ever been diagnosed
with arthritis?
A With arthritis?
Q Yeah.
A No.
Q Have you ever had any issues with your
fingers, prior to -- prior to being arrested in August
of 2015?
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A No.
Q Have you ever had any issues with, or injuries
to your hands, being -- prior to your arrest in
August 2015?
A None that I am aware of --
Q What --
A -- or none that I can recall.
Q Okay. Had you ever broken any of your hands
or wrists or --
A I have never broken any finger in my -- or
bone in my wrists or -- or hands.
Q All right. Have you ever had a broken bone?
A No, I have never had a broken bone.
Q Okay.
MR. RATNER: Got anything else?
MR. DUVAL: No. Good.
MR. RATNER: Mr. Anderson, I think that's all
the questions I have. Thank you.
THE WITNESS: Yep. Thank you for coming.
EXAMINATION
BY MR. JORDAN:
Q All right. Mr. Anderson, let's talk about
your time at Larimer County, real brief, that Mr. Ratner
spoke about. Is it true that, as an inmate at Larimer
County, you can file administrative complaint forms?
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A Yes, you can.
Q Is it true that you gave your attorneys
permission to produce those administrative complaint
forms?
A Yes, I did.
Q And is it true that those administrative
complaint forms are, typically, for non-medical related
items?
A Yeah, that is true.
Q Did you make a request, to visit the law
library, using those forms?
A That is true.
Q Did you request blankets, for your cell, using
those forms?
A I believe I did, yes.
Q And so, with respect to any medical requests,
did you make any, using those forms?
A I would have not.
Q Is it accurate to say that your requests, for
medical attention at Larimer County, were made verbally?
A That is true.
Q And they were made to nursing personnel?
A That is true.
Q Okay.
(Discussion off the record between Mr. Jordan
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