Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02328-RPM-CBS
Greg Joseph Gonzales v. Officer Brett Titus, et al.

Document 66-4

Filed 12/05/2005

Page 1 of 2
Jeffrey Pacheco Dominguez

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apologize, but how long were you in the park? A. I don't recall. I just remember when we got there it was sunny and we left when it was starting to get dark. Q. And do you recall about what time it was when you left? A. No, I don't. Q. Okay. So all seven or eight of you that went to the park got in the car and left together; is that correct? A. From what I remember, yes. Q. And you said the girls lived near the park. A. Yes. Q. And what street did you take them to? A. I'm not sure. We were right on top of the hill right on the corner. It was a corner house. Q. Still on the east side of Federal. A. Yes. Q. North of 1st or south of 1st? A. South of 1st. Q. And did you drive straight to their house? A. From what I remember, yes. Q. And you were driving the car? A. Yeah. Q. And did you stop anywhere after you left the park? A. I don't think so. I don't think so. Q. And tell me what you did when you got to their
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were you wearing that day? A. I don't recall. Q. So going back to leaving the girl's house, you are still driving the car, correct? A. Yes. Q. And where did you go at that point? A. I was taking Isaac's friend home because I had to go pick up my daughter's mom from work. Q. And was she still working at the TJ Maxx store? A. Yes. Q. And what time were you supposed to pick her up? A. I remember -- I think it was maybe 9:30 or 10:00. I'm pretty sure, because I remember she closed. She was one of the last ones to leave. Q. Was she a manager there or -A. No. Q. And you said you were taking Isaac's friend home. A. Yeah. Q. And what route did you take to take them home? A. I went down Federal to see if we could meet up with some -- see some other girls. Q. So would that be north on Federal or south on Federal? A. South on Federal and right on Evans. Q. Okay.
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house. A. We just dropped them off because we didn't -- the dad was there, and there weren't no problems. We just dropped them off. Q. Let me ask you about your appearance that day. You have short hair now. Did you have short hair on that day as well? A. Yes. Q. And about how tall were you that day? A. Maybe about 5'11" maybe. Q. Did you have a mustache like you have today? A. Yes. Q. And was your hair shorter than it is today? A. No, about the same. Q. About the same. And how would you describe your haircut today? A. Same as -Q. Is there a name for it? A. No. Just a buzz. Q. A buzz cut. A. Uh-huh. Q. Okay. And how long have you worn your hair like that? A. I guess four years now. Q. I have worn mine like this a long time. And what

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A. All the way from Federal to Sheridan on Evans. Q. Who was in the car with you at that point? A. Just the four males. Q. Four males and you are driving the car? A. Uh-huh. Q. And who is sitting in the front passenger seat? A. Isaac. Q. And then who is sitting in the right rear passenger seat? A. I believe Isaac's friend. Q. And who was sitting behind you in the driver's seat? A. My brother. Q. And that would be Greg Gonzales? A. Yes. Q. And it is true, isn't it, that people were drinking in the car at that time? A. Uh-huh. Q. Okay. And it is also true that you were drinking in the car at that time. A. No. Q. Okay. Who was drinking in the car at that time? A. I don't recall, but I remember there being alcohol in the car. Q. And was it still the beer, the 40s? A. Yes. Uh-huh.

11 (Pages 41 to 44) Stevens-Koenig Reporting 303-988-8470

Case 1:03-cv-02328-RPM-CBS
Greg Joseph Gonzales v. Officer Brett Titus, et al.

Document 66-4

Filed 12/05/2005

Page 2 of 2
Jeffrey Pacheco Dominguez

Page 45

Page 47

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Q. And you said you went south on Federal and then you went west on Evans. A. On Evans. Q. And between Federal and Sheridan, did you stop anywhere? A. No. Q. And do you know what time it was that you turned on to Evans? A. I don't. Q. Was it dark at that time? A. Uh-huh. Q. And it is still clear? A. Yeah. Q. And tell me what occurred when you got to Sheridan. A. I was in the turning lane. My light was red, waiting for it to turn green, and a police car stopped right on the corner and he sat there. And his light was green, turned yellow, red, mine turned green, and I took a turn. And he waited for me to get a little ways down and he turned around on me and I turned by Green Gables, I'm not sure, I think it is Warren Street. I turned right on Warren. I went back into the houses back there. And he just pulled out like he knew the neighborhood. He turned off and he met us like that. He never turned his lights on us. Q. You told me an awful lot, so I have to go back and
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A. He was facing -- he was going north, yeah. Q. And you were at a red light so he had a green light. A. He had a green light. Q. And did you recognize him as being a police officer? A. Yes. Q. And was there any conversation in the car among you fellas about the fact that there was a cop there? A. Uh-huh. Q. Tell me about that. A. There is a cop. Everyone act cool. Don't act suspicious. Q. And who said that? A. Me. Q. And why would you say that? A. Because we was -- he was stopped at a green light and why else would he stop if we didn't look suspicious in the car. Q. Well, do you think you looked suspicious? A. Yeah. Any time there is four males in the car, young guys, they always just -Q. Were you concerned also that there was a police officer and you were driving this car without a license? A. Yes. Q. And isn't it true that you then ran the red light when you turned onto Sheridan?
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we will kind of go through it a little bit at a time so I clearly understand it. You said that you got to the intersection of Evans and South Sheridan -A. Uh-huh. Q. -- and you stopped at a red light. A. Yeah. Q. And you are driving without a license, correct? A. Uh-huh. Q. Were there any warrants for you at that time? A. No. Q. Was the police looking for you, to your knowledge, for anything at that time? A. No. Q. And so you stopped at the red light. You said the police officer was stopped in his car. Was that a marked car? A. I believe so. Q. Was it a white Denver police car? A. Yes. Q. Lights on the top? A. Uh-huh. Q. And what street was he on? A. He was right on the corner of Sheridan and Evans. I was at the light. He stopped right by the corner. He was ready to turn right on Evans going east. Q. So was he northbound on Sheridan?

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A. No. Q. And when you went south on Sheridan -- is that correct? A. Yeah. Q. When you went south on Sheridan, isn't it also true that you sped away from that intersection? A. I didn't really -- wasn't going 100 miles an hour. I wasn't going that fast, but I sped up away from him. He took a while to turn behind me. Q. Did he start turning before you sped away or -A. No. Q. -- after you sped away? A. After I was already up a ways. Q. And is it fair to say that you exceeded the speed limit on Sheridan? A. Maybe by a little bit, yeah. Q. And why did you speed away, then? A. Because I didn't have a license. Q. And did you actually see the police officer turn around? A. Yes. Q. And did you turn around right on Sheridan, or did he turn onto Evans? A. I'm not sure, but I remember him turning around and coming.

12 (Pages 45 to 48) Stevens-Koenig Reporting 303-988-8470