Killeen Street Racing Lawsuit

CAUSE NO.
316,734-C
JOANNA FUENTES, AS NEXT FRIEND § IN THE DISTRICT COURT OF

FOR ILIA FUENTES, A.R.G., A §
MINOR, AND G.A.F., A MINOR, §
ROBERT ADRIAN GARZA, SR. §
INDIVIDUALLY AND AS NEXT §
FRIEND OF A.G., JR., A MINOR, AND §
A.N.G., A MINOR, AND ASHLEY §
RODRIGUEZ, AS NEXT FRIEND OF §
I.R.M, A MINOR §
Plaintiffs, §
§
v. § BELL COUNTY, TEXAS
§
CEQUIL CLEMONS, ISIS FOSTER, §
FREDRICK MAYHAN, TRACEY §
MAYHAN, CTX RACING CLUB, §
VICTOR QUONONES, KAPUA §
CAMACHO, AND RP §
ENTERTAINMENT, LLC A/K/A CLUB §
TABU §
Defendants. § 169TH JUDICIAL DISTRICT
PLAINTIFFS’ FIRST AMENDED PETITION
Plaintiffs, Joanna Fuentes, as Next Friend for Ilia Fuentes, A.R.G, a Minor, and
G.A.F, a Minor, Robert Adrian Garza, Sr., Individually and as Next Friend of A.G., Jr., a
Minor, and A.N.G., a Minor, and Ashley Rodriguez, as Next Friend of I.R.M., a Minor,
file this First Amended Petition against Defendants, Cequil Clemons, Isis Foster, Fredrick
Mayhan, Tracy Mayhan, CTX Racing Club, Victor Quinones, Kapua Camacho, and RP
Entertainment, LLC a/k/a Club Tabu, , and for cause of action would respectfully show the
Court as follows:
I.
DISCOVERY-CONTROL PLAN
1. Plaintiffs intend to conduct discovery under Level 3 of Texas Rule of Civil
Procedure 190.4 and affirmatively plead that this suit is not governed by the expedited-
actions process in Texas Rule of Civil Procedure 169 because Plaintiffs seek monetary
relief over $1,000,000.
II.
CLAIM FOR RELIEF
2. Plaintiffs seek monetary relief over $1,000,000.
Plaintiffs
3. Plaintiff, Joanna Fuentes, is an individual residing in Bell County, Texas.
The last three digits of her driver’s license number are 989. The last three digits of her
Social Security number are 059. Joanna Fuentes files this suit as Next Friend of:
a. Ilia Fuentes, her sister, who is non compos mentis at the time of the filing of
this suit, and two of her children:
b. A.R.G., a minor child residing in Bell County, Texas; and,
c. G.A.F., a minor child residing in Bell County, Texas.
4. Plaintiff, Robert Adrian Garza, Sr., is an individual residing in Bell County,
Texas. The last three digits of his driver’s license number are 472. The last three digits of
his Social Security number are 262. Robert Adrian Garza, Sr. files this suit individually
and as Next Friend of his children:
d. A.G., Jr., a minor child residing in Bell County, Texas; and,
e. A.N.G., a minor child residing in Bell County, Texas.
2
5. Plaintiff Ashley Martinez is an individual residing in Bell County, Texas.
The last three digits of her driver’s license number are 697. The last three digits of her
Social Security Number are 443. Ashley Martinez files this suit as Next Friend of her child:
f. I.R.M., a minor child residing in Bell County
Defendants
6. Defendant, Cequil Clemons, is an individual residing in Bell County, Texas
and has made an appearance herein.
7. Defendant, Isis Foster, is an individual residing in Bell County, Texas and
has made an appearance herein.
8. Defendant, Fredrick Mayhan, is an individual residing in Bell County, Texas
9. Defendant, Tracey Mayhan, is an individual residing in Bell County, Texas
10. Defendant, CTX Racing Club, is an unincorporated nonprofit association
subject to TEX. BUS. ORGS. CODE ANN. § 252.006 and can be served through its agent
administrator, Victor Quinones, 1033 Onondaga Way, Belton, Texas 76513 in Bell County,
Texas.
11. Defendant, Victor Quinones, is an individual residing in Bell County, Texas.
Defendant may be served with process at his residence, 1033 Onondaga Way, Belton,
Texas 76513 in Bell County, Texas or wherever he may be found.
3
12. Defendant, Kapua Camacho, is an individual residing in Coryell County,
Texas. Defendant may be served with process at his residence, 2502 Vernice Drive,
Copperas Cove, Texas 76522 or wherever he may be found.
13. Defendant, RP Entertainment, LLC a/k/a Club Tabu, is a business operating
in Bell County, Texas. Defendant may be served through its registered agent, Basel Maaz,
701 West Elms, Suite 320, Killeen, Texas 76542 or wherever he may be found.
III.
JURISDICTION
14. Plaintiffs seek monetary damages within the jurisdictional limits of the
Court.
15. Venue is proper in Bell County, Texas, pursuant to § 15.002(a)(1) because it
is the county in which all or a substantial part of the acts or omissions giving rise to
Plaintiffs’ claims occurred.
IV.
FACTS
16. On February 28, 2020, a vehicle owned and possibly operated by Defendant
Cequil Clemons and either driven or occupied by Defendant Isis Foster struck the
Plaintiffs’ vehicle (the “Plaintiffs’ Vehicle”) while traveling at a speed far above the legal
limit. Plaintiffs’ vehicle was struck on the front right side while making a legal left turn
onto eastbound Elms Road from southbound W.S. Young Drive in Killeen, Texas.1
1
Exhibit “A,” Crash Report.
4
17. The vehicle driven by Clemons and Foster was a 2017 Dodge Charger (the
“Clemons Vehicle”). Clemons and Foster (“Clemons Defendants”) were traveling
Northbound in the 3800 block of W.S. Young Drive, in the outside lane at a very high rate
of speed. In the inside lane was a 2015 S-Model Mercedes-Benz driven by Defendant
Fredrick Mayhan and occupied by Defendant Tracey Mayhan (“Mayhan Defendants”),
also traveling at a speed far in excess of the legal limit (the “Mayhan Vehicle”). Id. Both
the Clemons Vehicle and the Mayhan Vehicle entered the intersection at dangerous
speeds—the Clemons and Mayhan Defendants were street racing—when Plaintiffs’
Vehicle was making its legal left turn. The Mayhan Vehicle and the Clemons Vehicle,
including all occupants, were mutually engaged in negligent and dangerous conduct that
proximately caused the Plaintiffs’ injuries. Id.
18. The Clemons Vehicle struck Plaintiff’s Vehicle on its right side, causing it
to side slip towards the north side of the intersection, where Plaintiff’s Vehicle’s left side
struck the signal pole, causing the Plaintiff’s Vehicle to stop. After the moment of impact,
the Clemons Vehicle rotated into the Mayhan Vehicle, damaging the Mayhan Vehicle’s
left rear. Id.
19. The Plaintiffs’ Vehicle was occupied by seven (7) individuals. Plaintiffs’
Vehicle was driven by Plaintiff, Robert Adrian Garza, Sr., and in the passengers’ seat was
Plaintiff Ilia Fuentes. The five (5) minor children in the Vehicle were in the second and
third rows. Ilia Fuentes and Robert Adrian Garza, Sr. were the most seriously injured, both
suffering severe and painful injuries to their head, neck, torso and extremities. Robert
Adrian Garza, Sr. was taken to the Intensive Care Unit (ICU) at Baylor Scott & White –
5
Temple via ambulance, while Ilia Fuentes was helicoptered to Baylor Scott & White –
Temple, where she remains at the time of this pleading, in the ICU in a coma and suffering
from permanent and life-altering injuries. Robert Adrian Garza, Sr. has undergone multiple
surgeries and suffers from extensive injuries. Robert Adrian Garza, Sr. was hospitalized
for eight (8) days following the collision and is currently unable to work due to his injuries.
20. Of the minor children, all were taken to either Baylor Scott & White –
Temple or the McLane Children’s Hospital in Temple. All the children were examined in
the emergency room, and all suffered, cuts, bruises, and other soft tissue injuries. A.G., Jr.
also suffered a fractured arm that required surgery and G.A.F. suffered a sprained arm.
21. It is well known in the street racing community in and around Killeen that
Club Tabu was a starting point for street racing on Wednesday and Friday nights.2
Defendants CTX Racing, Victor Quinones, and Kapua Camacho are responsible for
organizing these racing events as part of their unincorporated nonprofit association. Id.
CTX Racing promoted the meeting on February 28, 2020 on the CTX Racing Facebook
page and the Clemons and Mayhan Defendants were members of CTX Racing and
participated in the meeting. Id. CTX Racing sole purpose as an unincorporated nonprofit
association is to promote unlawful behavior that places the public at risk. The association
revolves around highspeed street racing that places the traveling public at great risk of life
and limb.
2
Exhibit “B,” Facebook posts for CTX Racing Club.
6
22. According to Detective Smith, the investigating officer on the scene, a law
enforcement “Safe Streets” task force was in the area that evening. An officer driving the
police van with detainees witnessed the Clemons and Mayhan Vehicles exiting Club Tabu,
as they had just met for the scheduled CTX Racing meeting and were squared off to street
race their vehicles. However, Detective Smith did not follow them because he was en route
to the station with a van full of detainees. The Mayhan Vehicle, being driven by Frederick
Mayhan and his wife Tracey as the passenger, continued away from the scene after the
collision, returning a few moments later with Tracey in the driver’s seat. During police
questioning, they admitted he had been driving and that they switched places to divert
suspicion and protect Frederick.
23. In addition, a group of car enthusiasts on their way to the CTX Racing
meetup at Club Tabu witnessed the collision and immediately provided aid to the Plaintiffs
while first responders were on their way.3 They proceeded to Club Tabu following their
time on the scene. These witnesses were informed by CTX Racing members that the
Clemons and Mayhan Defendants had been at Club Tabu earlier that evening, and were
seen racing up and down Elms Road in front of Club Tabu. Elms Road is the intersection
of W.S. Young Drive where the collision took place.
24. Defendant Isis Foster initially testified in her deposition that she and Mr.
Clemons were returning to Fort Hood from Austin. However, the collision occurred on a
road that was not on any direct route from Austin to Fort Hood. 4 When confronted with
3
See Ex. “B.”
4
Exhibit “C,” Deposition of Isis Foster, p. 46.
7
this discrepancy in her deposition, she went on to say they were trying to avoid Club Tabu
because of dangerous drivers in the area on Friday nights. Id. According to the Killeen PD,
multiple witnesses, and numerous Facebook posts, it was known that there was a racing
meetup planned in the vicinity of Club Tabu for the evening of February 28, 2020.
25. All of the Plaintiffs have suffered significant mental anguish from their
physical pain, and the mental and emotional trauma from the collision itself, their injuries,
and the impact that it has had on all their lives, in particular Ilia Fuentes’ uncertain future.
V.
CAUSES OF ACTION
Negligence – Defendant Cequil Clemons
26. Plaintiffs incorporate the above factual allegations by reference in support of
their claim for negligence against Defendant Cequil Clemons.
27. Defendant is jointly and severally responsible for the damages to Plaintiffs
because of the indivisible nature of the injury sustained by Plaintiff.
28. At the time of the wreck, Defendant Cequil Clemons was operating his
vehicle in a negligent manner. Defendant had a duty to exercise ordinary care and to operate
his vehicle reasonably and prudently. Further, Defendant breached that duty in one or more
of the following ways:
a. Failing to maintain speed at the legal limit;
b. Failing to yield the right of way at an intersection;
c. Failing to maintain a proper lookout;
d. Failing to maintain proper attention to his circumstances and surroundings
8
e. Failing to timely apply his brakes and/or turning wheel to avoid a collision;
f. Operating the vehicle in a dangerous and negligent manner on a public

roadway.
29. Each of these acts and omissions described above, singularly or in
combination with others, constitute negligence that proximately caused the collision and
injuries to Plaintiffs.
Negligence – Defendant Isis Foster
their claim for negligence against Defendant Isis Foster.
32. At the time of the wreck, Defendant Isis Foster was occupying a vehicle
operating in a negligent manner. Defendant had a duty to exercise ordinary care. Defendant
breached that duty by willingly participating and/or encouraging the operation of the
Clemons Vehicle in a dangerous and negligent manner on a public roadway, and failing to
prevent criminal conduct of Defendant Clemons that is foreseeable, knowing that the
criminal conduct reasonably appears or should appear that members of the public, in
exercising their lawful rights on the roadway, will be injured. These failures singularly or
in combination with others, constitutes negligence that proximately caused the collision
and injuries to Plaintiffs.
9
Negligence – Defendant Fredrick Mayhan
their claim for negligence against Defendant Fredrick Mayhan.
35. At the time of the wreck, Defendant Fredrick Mayhan was operating his
vehicle in a negligent manner. Defendant had a duty to exercise ordinary care and to operate
his vehicle reasonably and prudently. Further, Defendant breached that duty in one or more
of the following ways:
a. Failing to maintain speed at the legal limit;
b. Failing to yield the right of way at an intersection;
c. Failing to maintain a proper lookout; Failing to maintain proper attention to

his circumstances and surroundings;
d. Operating the vehicle in a dangerous and negligent manner on a public

roadway.
36. Each of these acts and omissions described above, singularly or in
combination with others, constitute negligence that proximately caused the collision and
injuries to Plaintiffs.
Negligence – Defendant Tracey Mayhan
37. Plaintiffs incorporate the above factual allegations by reference in support
of their claim for negligence against Defendant Tracey Mayhan.
10
39. At the time of the wreck, Defendant Tracey Mayhan was occupying a vehicle
operating in a negligent manner. Defendant had a duty to exercise ordinary care. Defendant
breached that duty by willingly participating and/or encouraging the operation of the
Mayhan Vehicle in a dangerous and negligent manner on a public roadway, and failing to
prevent criminal conduct of her husband that is foreseeable, knowing that the criminal
conduct reasonably appears or should appear that members of the public, in exercising their
lawful rights on the roadway, will be injured. These failures singularly or in combination
with others, constitutes negligence that proximately caused the collision and injuries to
Plaintiffs.
Negligence – Defendants CTX Racing Club, Victor Quinones, Kapua Camacho, and
RP Entertainment, LLC a/k/a Club Tabu
their claim for negligence against Defendants CTX Racing Club, Victor Quinones, Kapua
Camacho, and RP Entertainment, LLC a/k/a Club Tabu.
41. Defendants are jointly and severally responsible for the damages to Plaintiffs
because of the indivisible nature of the injury sustained by Plaintiffs.
42. Defendants committed acts and/or omissions that constitute negligence and
their actions and/or failure to act properly are the direct producing and proximate cause of
the incident and injuries in question, including the injuries and damages sustained by the
Plaintiffs. The negligence of Defendants includes but it not limited to:
a. Failing to prevent criminal conduct of the Clemons and Mayhan Defendants

that is foreseeable, knowing that the criminal conduct reasonably appears or
should appear that members of the public, in exercising their lawful rights on
the roadway, will be injured;
11
b. Disregarding the warnings and advice of law enforcement;
c. Failing to reasonably provide for the safety of its patrons, employees, and the
public;
d. Profiting or attempting to profit from gathering together racing clubs to sell

them alcohol;
e. Hosting this event and others that would endanger its patrons, employees or
the public;
f. Allowing known racing clubs/events to take place with no regard for the
safety and welfare of its patrons, employees, and the public;
g. Failing to properly train employees or agents;
h. Negligent hiring and retention of employees and management, as well as

agents and representatives relied on to keep the club safe;
i. Failing to have or keep adequate supervisory staff and lack of a qualified

control person for the club in question; and,
j. Negligently undertaking to host the event.
Civil Conspiracy
42. Defendants, through their collective intentional and negligent actions as
more fully described supra, conspired not to prevent the criminal conduct that resulted in
Plaintiffs’ injuries and damages.
VI.
GROSS NEGLIGENCE OF DEFENDANTS
43. Defendants’ conduct is an extreme example of willingly putting profits ahead
of known danger to the public. The conduct of Defendants described herein constitutes
extreme and gross negligent as defined in Texas Civil Practice and Remedies Code §
41.001(11)(A)-(B). Defendants’ negligent conduct was more than momentary
12
thoughtlessness or inadvertence. Rather, Defendants’ conduct involved an extreme degree
of risk, considering the probability and magnitude of the potential harm to Plaintiffs and
others.
44. Defendants had actual and subjective awareness of the risk involved but,
nevertheless, preceded in conscious indifference to the rights, safety, and welfare of
Plaintiffs or other similarly situated. Defendants’ grossly negligent acts and omissions were
a proximate cause of the Plaintiffs’ injuries and damages.
45. Plaintiffs would further show that the limitations on exemplary damages set
forth in Sec. 41.008 of the Tex. Civ. Prac. & Rem. Code, do not apply because Defendants
engaged in activity that resulted in injuries to Plaintiffs as defined by Sec. 41.008(c) of the
Tex. Civ. Prac. & Rem. Code.
VII.
NEGLIGENT ACTIVITY
46. Plaintiffs hereby incorporate by reference the preceding paragraphs, as if
fully set forth herein.
47. Plaintiffs were injured by or as a contemporaneous result of the above-
described affirmative contemporaneous activity of the Defendants, rather than a condition
of the premises. Such conduct, detailed above and enumerated in Section IV above,
violated the standard of care by failing to do what a person or business of ordinary prudence
in the same or similar circumstances would have not done or done, as forth in the
paragraphs above, incorporated herein fully by reference.
13
VIII.
PREMISES LIABILITY
48. Plaintiffs hereby incorporate by reference the preceding paragraphs, as if
fully set forth herein.
49. In the alternative, Defendants were in possession of and/or control of the
premises, Club Tabu, where plans were made to hold known, dangerous, racing events,
which ultimately caused Plaintiffs’ crash. There was a condition on the premises that posed
an unreasonable risk of harm to Plaintiffs and others similarly situated. The condition was
such that the risk of bodily injury or death was so great that it was both unreasonable and
foreseeable. Defendants knew or should have known of this unreasonable and foreseeable
risk of harm, that the activities or conditions listed in Section IV posed to Plaintiffs and
others similarly situated. In the alternative, Defendants had a duty to inspect the premises
and make them safe, but failed to do so. Defendants had a duty to make the premises safe
and to refrain from injuring the Plaintiffs willfully, wantonly, or through gross negligence,
but failed to do so. Defendants failed to adequately warn Plaintiffs of the condition and
failed to make the condition reasonably safe. The above-described failures were a
proximate cause of Plaintiffs’ injuries and damages.
IX.
DAMAGES
50. Defendants’ negligence was the proximate cause for the injuries suffered by
Plaintiffs, who seeks the following damages:
(a) Medical Expenses in the Past and Future
14
51. As a result of Defendants’ actions and the injuries described above, Plaintiffs
have incurred medical expenses in the form of medical care in the ICU, emergency room
care, surgeries, recovery, follow-up appointments, and other medical care, the costs of
which will be extensive. These medical expenses were necessary for the care and treatment
of the injuries sustained by Plaintiffs, and the charges made and any charges to be made in
the future were the usual and customary charges for such services in or around Bell County,
Texas.
(b) Physical and Mental Pain in the Past and Future
52. As a result of the nature of Defendant’s actions and the consequences thereof,
Plaintiffs have suffered significant physical and mental pain, suffering, and anguish which
has caused a severe disruption in their normal daily life. In addition to the pain and
suffering caused by the wreck and the resulting injuries, Plaintiffs have experienced acute
mental and emotional harm, in particular regarding the future of Ilia Fuentes, who remains
in a coma. This physical and mental pain and suffering is significant and is proximately
caused by Defendants’ wrongful conduct.
53. Given the nature and severity of her injuries, if the Plaintiff Ilia Fuentes
survives her injuries and comes out of her coma, she will still require extensive lifelong
care.
54. All the remaining Plaintiffs will require medical care in the future. In
particular, Plaintiff Robert Adrian, Sr. will require extensive care in order to recover from
his injuries.
15
(c) Other Damages
55. In addition to the Plaintiffs’ medical expenses and physical and mental pain
and suffering, both past and future, Plaintiffs seek to recover lost wages, loss of earning
capacity, loss of care, maintenance, support, inheritance, disfigurement, physical
impairment, loss of companionship and society and any other damages to which Plaintiffs
may be entitled.
X.
JURY DEMAND
56. Plaintiffs have demanded a jury trial and tendered the appropriate fee.
XI.
CONDITIONS PRECEDENT
57. All conditions precedent to Plaintiffs’ claim for relief have been performed
or have occurred.
XII.
PRAYER
58. For these reasons, Plaintiffs ask that the Court issue citation for Defendants
to appear and answer, and that Plaintiffs be awarded a judgment against Defendants for the
following:
a. Actual damages;
b. Prejudgment and post-judgment interest;
c. Court costs;
d. Exemplary damages; and,
e. All other relief to which Plaintiffs are entitled.
16
Respectfully submitted,
DAVIS LAW GROUP

By: /s/ Joshua P. Davis
Joshua P. Davis
State Bar No. 24055379
1010 Lamar, Suite 200
Houston, Texas 77002
(713) 337-4100/Phone
(713) 337-4101 /Fax
josh@thejdfirm.com
e-service@thejdfirm.com
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing has been served on all counsel of record in
accordance with the Texas Rules of Civil Procedure on August 19, 2021 as follows:
Via E-Serve:bburns@bajb.com
Robert B. Burns, Jr.
Burns, Anderson, Jury & Brenner, LLP
P.O. Box 26300
Austin, Texas 78755-0300
Counsel for Defendants
Cequil Clemons and Iris Foster
Via E-Serve: bdaniels@lmpc.com

Breanne Daniels
SHEEHY, LOVELACE & MAYFIELD, P.C.
510 N. Valley Mills Dr., Suite 500
Waco, Texas 76710
Counsel for Defendants
Fredrick Mayhan and Tracey Mayhan
/s/ Joshua P. Davis

Joshua P. Davis
17
Exhibit “A”
Law Enforcement and TxDOT Use ONLY
Total Total TxDOT 17605163.1
0 FATAL 0 CMV 0SCHOOL BUS 0 RAILROAD 0 MAB 0 SUPPLEMENT rm ACTIVE N um. Num. Crash ID
SCHOOL ZONE U nits I I 3 Prsns I I 1 I 1 /2020104681
Texas Peace Officer's Crash Report(Form CR-3 1/1/2018)

Mail to: Texas Department of Transportation, Crash Data and Analysis, P.O. Box 149349, Austin, TX 78714. Questions? Call 844/274-7457
Ames
AiFOrkkartrnerk
Refer to Attached Code Sheet for Numbered Fields
orrransporranoll
*=These fields are required on all additional sheets submitted for this crash (ex.: additional vehicles, occupants, injured, etc.).
Page 1 of 6
'Crash Date `Crash Time Case Local Use

(MM/DD/YYYY) 0 2/ 2 8/ 2 0 2 0 (24HRMM) 1 2 1 1 1 3 I 7 ID C20-0409 KPD 20-002266
"County 'City Outside
Name BELL N ame KILLEEN MI City Limit
2 51,000
In your opinion, did this crash result in at least
damage to any one person's property?
2Yes Latitude Longitude --
(:: No (decimal degrees) I
I•I I I 0,—..„-1 1 I I .I I I
2 ROAD ON WHICH CRASH OCCURRED
41$
'1 Rdwy. *Hwy. 2 Rdwy. 1 Block 3 Street , • Street 4 Street
Z LR o DR
0 Sys. Num. Part N um. Prefix Name MS YOUNG Suffix
3 Crash Occurred on a Private Drive or m Toll Road/ Speed Const. El Yes Workers E Yes Street
...., M Road/Private Property/Parking Lot um Toll Lane Limit 40 Zone 2No Present E No Desc.
ti
4.1 INTERSECTING ROAD,OR IF CRASH NOT AT INTERSECTION, NEAREST INTERSECTING ROAD OR REFERENCE MARKER
CI
At D Yes 1 Rdwy. Hwy. 2. Rdwy. Block 3 Street Street 4 Street
Int. D No Sys. LR Num. Part 1 N um. Prefix E Name ELMS Suffix RD
Distance from Int. 0 FT 3 Dir. from Int Reference Street RRX

or Ref. Marker 0 MI or Ref. Marker Marker Desc. Num.
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U nit 5 Unit ---- Parked Hit and LP LP
N um. 1 Desc. 1 I—I Vehicle Run State Tx N um- MZL7236 VIN 2 C 3 C D X C T 4 H H 5 3 3 2 5 4
I I I I I I I I I I I I I ) I I
Veh. 6. Veh. Veh. Veh. 7 Body Pol., Fire, EMS on
Year 1 2 1 0 1 1 I 7 Color SI L Make DODGE M odel CHARGER Style P4
0 Emerency (Explain in
Narrative if checked)
8 DUID MAD DUD 9 DL 10 CDL 11 DL DOB
Type 1 State TX N um.
34069152 Class cm End.
96
Rest. 96 (MMOD/YYYY) 1 0 1 4 0 / 1 9 9 5
(1[ I I I I
Address (Street,
City. State, ZIP) 2ND SQDN 3CR FORT HOOD, TX 76544
VEHICLE, DRIVER,& PERSONS
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1 1 1 CLEMONS , CEQUIL SHAQ C 24 B 1 1 1 2 97 N 96 96 97 97
2 2 3 FOSTER, ISIS LAQUEEN C 25 B 1 1 1 5 97 N Not Applicable - Alcohol and

Drug Results are only reported
for Driver/Primary Person for
each Unit.
0 Owner Owner/Lessee
0Lessee Name & Address=moms ,
CEQUIL SHAQ , 3005 PANHANDLE DR KILLEEN, TX 76542
Proof of EI Yes [-_] Lxpired 26 Fin. Fin. Resp, GEICO - GOVERNMENT EMPLOYEES Fin. Resp.
Fin. Resp. D No El Exempt Resp. Type 2 Num.
Name INS . CO. 4322323298
Fin. Resp. 27 Vehicle 27 Vehicle Vehicle 0Yes
Phone Num. (800) 841-3000 Damage Rating 'I I 1 I 2 1 - 1 in 0 - 1 5 Damage Rating 2 1 1 1 0 L I I, 1 B i Q I - I 2 I nventoried E]No
Towed Towed
By Action Towing (254) 628-1012 To 12190 SH 195 KILLEEN, TX 76542
U nit 5 Unit ,---, Parked ,--i Hit and LP LP
N um. 2 Desc. 1 I---1 Vehicle l—I Run State Tx N um. DV49885 VIN W D D U G 7 J B 6 F A 1 4 8 1 2 1
_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Veh. 6. Veh. Veh. Veh 7 Body Pol., Fire, EMS on
Year 1 2 1 0 1 L 5 Color BLK M ake MERCEDES-BENZ 0 Emergency (Explain in
Model S Sty P4 Narrative if checked)
8 DUID DUID DUD 9 DL 10 COL 11 DL DOB
Type 1 State TX Hum. 41755841 Class ,-
,.... End.
96
Rest. 96 (MM/00/YYYY) 1 0 1 8 1 / 1 3 I 1 i / 1 1 1 9 1 7 I 2
Address (St eet,
City, State, ZIP) 3506 DODGE CITY DR KILLEEN, TX 76549
VEHICLE, DRIVER, & PERSONS
L'>. ., .' ,•-•• ,.., CT g;

c 5 re g Name: Last, First, Middle 7r ,‘ t t 1.-, 2 . 2=
.2 .k. v, 7)I-,Y, ; Ca 4,' O F., 012,92 ci,
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1 1 1 MAYHAN, FREDRICK LAMARR N 47 B 1 1 1 1 97 N 96 96 97 97
2 2 3 MAYHAN, TRACEY N 55 B 2 1 1 1 97 N Not Applicable - A cohol and

Drug Results are only reported
each Unit.
0Owner Owner/Lessee
0Lessee Name & Address MAYHAN FREDRICK LAMARR, 3506 DODGE CITY DR KILLEEN, TX 76549
Proof of ®Yes E Expired 26 Fin. Fin. Resp.USAA - UNITED SERVICES Fin. Resp.
Fin. Resp.0No El Exempt Resp. Type 2 Name AUTOMOBILE ASSN. N um. 015628766U71086
Fin. Resp. 27 Vehicle 27 Vehicle Vehicle El Yes
Phone Num. (800) 531-8722 Damage Rating 1 1 I 3 I - I R I B I Q I - I 1 Damage Rating 2 1 I I I I nventoried El No
I I I I
Towed Towed
By Dodge Country (254)526-3930 To 3304 COMMUNITY BLVD KILLEEN, TX 76542
Law Enforcement and TxDOT Use ONLY. Case Page 2 of 6
TxDOT
Form CR-3 (Rev. 111/2018) ID C20-0 409 Crash ID 9
11nit Prsn. Date of Death Time of Death

Num. Num. Taken Taken By
(MM/DD/YYYY) (24HR:MM)
C}1 1 Seton MC - Harker Heights, TX KFD Medic5
Ll I I I 1
044
zz: 1 2 Seton MC - Harker Heights, TX KFD Medic3
0—
—Y 1 1
1— ----
.7,2
o cc
a-
I I
4,1
ttl'c I t I
I I I.
U nit Prsn.
Num, Num. Charge Citation/Reference Num.
H
Lu
t..1
cc
tct
T
t...i
W Damaged Property Other Than Vehicles Owner's Name Owner's Address

0
SIGNAL LIGHT POLE City of Killeen 101 N COLLEGE ST KILLEEN, TX 76541
CI
Unit 10,001+ r-i TRANSPORTING CMV Disa bling Ell Yes 28 Veh. 29 Carrier Carrier
Num, LBS. 1--I HAZARDOUS MATERIAL [ 94 CAPACITY
1
] Darnagel> 0No Oper. ID Type ID Num.
Carrier's Carrier's 30 Veh.
Corp. Name Primary Addr. Type
31 Bus n RGVW HazMat 0Yes 32 HazMat HazMat 32 HazMat HazMat 33 Cargo
, Type 0GVWR 1 1 1 " Released 0No
Class Num Class Num. ID Num Type
I D Numl 1 1 II I I 11 I I 1 11)cly
U nit 0RGVW 34 TrIr CMV Orsablir g 0Yes Unit
0RGVW 34 Thr. CMV Disabling 0Yes
N um. El GVWR 1 Damage? 0No Num.
0GVWR Type Damage?
1 I 1 1 Type I I I _I I I 0No
Sequence Intermodal Shipping 1:1Yes
35 Seq. 1 35 Seq. 2 35 Seq. 3 35 Seq.4 Total Num.
Of Events Gs
Container Permit 0No Weight 1 1 1 1 1 I Axles
36 Contributing Factors Investigator's Opinion) 37 Vehicle Defects (Investigator's Opinion) Environmental and Roadway Conditions
,,„vi
-0Z Unit Al Contributing May Have Contrib. Co tnbuting May Have Contrib.
. 10 38 39 40 41 42 43 44
cc
0— Weather Light Entering Roadway Roadway Surface Traffic
1-0 98 61 Cond. Cond. Roads Type Alignment Condition Control
Laz
<Co
4.1.-u
2 98 60 1 3 4 1 1 1 5
Investigator's Narra ive Opinion of What Happened Field Diagram- Not to Scale
(Attach Additional Sheets if Necessary) =7 -SY7_
T , ,.
T he crash occurred at the four way intersection of S ITS Young Dr and E
Elms Rd. At, the time of the crash the temperature was approximately 53
degrees and the weather was clear. The roadway was made up of asphalt
type material that was in good condition and was free of debris. The
intersection was illuminated by a street light that was located on the
north east corner of the intersection and there was lighting emitting
from surrounding businesses. On the south side of the intersection there ,
is a dip that runs east to west before entering the intersection. Elms ariE ._ -
Rd is a marked five lane roadway that runs east and west which has two
east bound lanes, two west hound lanes and is divided by a middle left
turn lane. WS Young is a marked five lane roadway that runs north and
vt south which has two
e
, •
north bound lanes, two south bound lanes and is
t'D divided by a middle left turn lane. This intersection is controlled by
Q
czt signal lights. Unit 1 was traveling north bound in the 3800 block of S
_ .-:.
4 WS Young in the outside lane approaching the intersection of WS Young
Z
st and Elms. Unit 2 was next to unit 1 in the inside lane. Unit 3 was at
W
the north side of the intersection in the middle left turn lane facing
-.
P- south bound attempting to turn left onto Elms Rd to travel east bound.
Q
CC Witnesses at the crash scene stated they observed Unit 1 and Unit 2 ,
CC
racing north bound on WS Young at a high rate of speed before entering
the intersection. Unit 3 proceeded to enter the intersection turning
left as Unit 1 and Unit 2 entered the intersection. Unit 1 struck unit
3's right side causing unit 3 to side slip to the left towards the north
east. corner of the intersection. Unit 3's left side struck the signal
pole causing Unit 3 to stop. Upon impact, Unit 1 began to rotate clock
wise in the intersection approximately 15 degrees causing its left rear
to cross into the inside lane. Unit 2 was next to unit 1 and was struck
b y Unit l's left rear. Unit. 1 stopped rotating and came to rest in the
northbound center turn lane on DS Young just north of the<###>
tiali,
Time Notified How Time Arnved Report Date

(24HR:MM) 1 2J 1 1 3 I 9 Notified By dispatch (24HRMM) (MM/DD/YYYY) 0 3 / 0 2 / 2 0 2 0
I 2 I 1 I 4 [3
111 Yes
91.15:
I nvest. Investigator ID
Comp. [:1 No Name (Printed) Smith, Matthias Num. 128
3ANI I
ORI *Agency Service/

Num. IT IX 1 0 1 1 1 4 10 1 10 1 0 KILLEEN POLICE DEPARTMENT
Region/DA 6 1 1 I
Law Enforcement and TxDOT Use ONLY
Total Total TxDOT 17605163.1
a FATAL a CMV a SCHOOL BUS a RAILROAD a MAB a SUPPLEMENT ro ACTIVE Num. „ N um. Crash ID
SCHOOL ZONE U nits 1 1 3 Prsns. 1 1 1 11 /2020104681
I
Texas Peace Officer's Crash Report(Form CR-3 1/1/2018)

Mail to: Texas Department of Transportation, Crash Data and Analysis, P.O. Box 149349, Austin, TX 78714. Questions? Call 844/274-7457
" Toms
Ipxrtrnant
ThInSponglion
Refer to Attached Code Sheet for Numbered Fields
`=-These fields are required on all additional sheets submitted for this crash (ex.: additional vehicles, occupants, injured, etc.). Page 3 of 6
I
*Crash Date `Crash Time Case Local Use

(MMIDDNYYY) 0 2/ 2 8/ 2 0 2 0 (24HRMM) 1 2 1 1 3 I 7 ID C20-0409 KPD 20-002266
'County 'City mi Outside
Name BELL Name KILLEEN m City Limit
rA TION
In your opinion,did this crash result In at least El Yes Latitude Longitude -

S1,000 damage to any one person's property? a No ,,,,,,,,d,gr,e,) I I 0.,,Am-Te.es) 1
I I • I I I I I I I • I I I I
5
,ROAD
) ON WHICH CRASH OCCURRED
*1 Rdwy. ,/,. *Hwy. 2 Rdwy. 1 Block 3 Street • Street 4 Street
2 S DR
0 Sys. N um. Part N um. Prefix Name WS YOUNG Suffix
:
I:
`X Crash Occurred on a Private Drive or -- Toll Road/ Speed Const. a Yes Workers a Yes Street
Y• 40
u
. Road/Private Property/Parking Lot LI Toll Lane Limit Zone E No Present ED No Desc.
k.-
Lai INTERSECTING ROAD,OR IF CRASH NOT AT INTERSECTION, NEARESTINTERSECTING ROAD OR REFERENCE MARKER
Z
0
At D Yes 1 Rdwy. Hwy. 2. Rdwy. Block 3 Street Street 4 Street
Int. E No Sys. LR N um. Part 1 N um. Prefix RD
E Name ELMS Suffix
Distance from Int. D FT 3 Dir. from I nt Reference Stree RRX

or Ref. Marker 0 MI or Ref. Marker M arker Desc Num. I 1
Unit 5 Unit ,--, Parked ,---, Hit and LP LP
Num. 3 Desc. 1 -
I 1 Vehicle I--I Run State TX N um. KJZ9165 VIN C 3 4 P D C E G 5 F T 6 8 6 7 5 3
I 1 I I I I I I I I I I I 1 I I I
6. Veh. Veh.. Veh. 7 Body Pol., Fire, EMS on
Veh.
I I Emergency (Explain in
I
Year I 2 I 0 I 1 I 5 color SIL M ake DODGE M odel JOURNEY Style SV Narrative if checked)
8 DUD DL/ID DUD 9 DL 10 CDL 11 DL DOB
Type 1 State TX N um. Class c End. Rest. 96 11 0 I 1 6 1/ 1 9( 8 5
36000472 96 (MtvliDDYYYY) 1 1 1 1 I 1 1
Address (Street.
City. State, ZIP) 1412 E A AVE LAMPASAS , TX 76550
>.
VEHICLE,DRIVER,& PERSONS
a• >, ,..` 1-, - cs, al ol 6

c 8
,
. rd.g Name:Last, First, M iddle ....-- x ?„-; 4,
3 2, t -
5 j . 41
- 2 . 2 2 cs
,t15 r4
a ,°,) ,-- Enter Driver or Primary Person for this Unit on firs line —C (I,
•<.-
> a, F_
us 111.0
- ,
o
, w
r.-.
,f .
Oa c
_8
5,•,
_.. ,,, '.7c ,,-,' . ,7, 0 y, a ,?, O 412
U1,I1
CLZ ,N -
-- I-- ' a. - Lc) < - u..1 - - - a. m0 = N N
. , < CC N yl NI N V
1 1 1 GARZA, ROBERT ADRIAN A 34 H 1 1 1 5 97 N 96 96 97 97
2 2 3 FUENTES, ILIA A 29 H 2 1 1 5 97 N No Applicable -Alcohol and

Drug Results are on y reported
3 2 9 GODINEZ , AILI C 9 H 2 1 1 3 97 N for Driver/Primary Person for
each Unit.
4 2 6 FUENTES. GENESIS C 6 H 2 1 7 1 97 N
El Owner Owner/Lessee
a Lessee Name & Address FUENTES, URBANO, 1438 CR 3340 KEMPNER , TX 76539
Proof of E Yes ❑ Expired 26 Fin. Fin. Resp. Fin. Rasp.
Fin. Resp. ONo EjExempt Resp. Type 2 Name TEXAS FARM BUREAU INSURANCE N um. 23071485
1-___
Fin. Resp. 27 Vehicle 27 Vehicle Vehicle a Yes

Phone Num. (600) 266-5458 Damage Rating 1 I j - 1 I R Damage Rating 2 i 9 I - 1 P - 4 I nventoried a No
1 3 I P I - I 5 I l I
Towed Towed
By 121 Towing (254)554-2009 To 12190 SH 195 KILLEEN, TX 76542
U nit 5 Unit .. Parked mi Hit and LP LP

N um. Desc. In Vehicle M Run State N um. VIN I I
1 1 1 i l 1 l 1 1 1 1 1
6. Veh. Veh. Veh. 7 Body Poi., Fire, EMS on
Veh.
111 Emergency(Explain in
Year 1 I I I Color Make Model Style Narrative if checked)
8 DUD DUD DUD 9 DL 10 CDL 11 DL DOB
Type State N um. Class End. Rest. 0
" ND M
" )1 1 1 1 t 1 1 1 1 1
Address (Street,
City, State, ZIP)
VEHICLE,DRIVER,&PERSONS
>, .i .'
c -,-, g Name:last, First, Middle n_ C.; x ,
tc cit t • u .,...., 3 3— 32,
o • ''''
- E cr-
cu •-
w, tn .:,,,, Enter Driver or Primary Person for this Unit on first fine
E- >
_ tc) ,,,, E
_c w
,i, —
LL1 ,2c 2 E
. 35
, à,
-j ,?,, 6 cy; 0--,., rf' i 9_,)
43-Z N -..,
— i_. —d o Q.
0 ',,' •W
' L'72, '
'' N c° a";,Z iC)
,i 1
) N `,Z' 7.“!,' '
`,,Y,- N `,,
.13
No Applicable - Alcohol and

Drug Results are on y reported
each Unit.
a Owner Owner/Lessee
a Lessee Name & Address
Proof or 0 Yes a Expired 26 Fin. Fin. Resp. Fin. Resp.

Fin. Resp. a No a Exempt Resp. Type Name N um.
Fin. Resp. 27 Vehicle 27 Vehicle Vehicle 1:Yes

_ _
Phone Num. Damage Rating 1 1 Damage Rating 2 I i I I I I I I I nventoried a No
I I I I I I I
Towed I Towed
By To
[
Law Enforcement and TxDOT Use ONLY. Case TxDOT Page 4 of 6
Form CR-3 (Rev. 1/1/2018) ID C20-0409 Crash ID 17605163.1/2020104681
,E4S OMEIMEZENA
Unit Prsn. Date of Death lime of Death
Num. Num. Taken To Taken By (MM/DDIYYYY) (24HR:MM)
3 1 Baylor Scott & White Hosp. - Temple, TX KFD Medic6

I I
ca
O u4
3 2 Baylor Scott & White Hosp. - Temple, TX PHI - Stat Air
0
--CI 3 3 Baylor Scott & White Hosp. - Temple, TX KFD Med_i_ c6
O cc
I I I
3 7 McLane's Children Hospital - Temple, TX KFD Med_i c9

I I I
Unit Prsn. Charge Citation/Reference Num.
Num. Num.
Damaged Property Other Than Vehicles Owner's Name Owner's Address
Unit 0,001+ TRANSPORTING CMV Disabling al'es 28 Veh. 29 Carrier Carrier

El 9+ CAPACITY
Num LBS. HAZARDOUS MATERIAL Damage", El No Oper. ID Type ID Num.
Carrier's Carrier's 30 Veh.
Corp. Name Primary Addr. Type
31 Bus E RGVW HazMat El Yes 32 HazMat HazMat 32 HazMat HazMat 33 Cargo
Type Released 1:1 No Class Num. ID Num.1 1 11 1 1 I Class Num. ID Num.! I II I I I Body Type
O GywR I 1 1 1 1 1
Unit ❑ RGVW 34 -fur CMV Disabling 0Yes Unit ❑ RGVW
34 TrIr. CMV Disabling 0Yes
N um. Type Damage? Ej No Num. GVWR Damage? 0No
EI GN/WR I I TYPe
Sequence I ntermodal Shipping EYesII V i ,,,g Total Num.
35 Seq. 1 35 Seq. 2 35 Seq. 3 35 Seq. 4
Of Events Container Permit LINo Weight 1 1 1 1 1 1 Axles
36 Contributing Factors Investigator's Opinion) 37 Vehicle Defects(Investigator's Opinion) Environmental and Roadway Conditions
ediz Dirt # Contributing May Have Cont0 Contributing May Have Contra) 38 40 41 42 43 44
39
cc-- Weather Light Entering Roadway Roadway Surface Traffic
01-
i--0 Cond. Cond. Roads Type Alignment Condition Control
420
Investigator's Narra ive Opinion of What Happened Field DiagramˑNot to Scale

{Attach Additional Sheets if Necessary)
NARRATIVE AND DIAGRAM
ROTAGITSEVNI
Time Notified How Time Ari'ved Report Date

(24HR:MM) I 2
1 31 9 Notified By dispatch (24HRMM) 1 2 4 13 (MM/DD/YYYY) 0 3 / 0 2 / 2 0 2 0
Invest. C.
rI Yes Investigator ID
Comp. El No Name(Printed) Smith, Matthias Num. 128
ORI *Agency KILLEEN POLICE DEPARTMENT Service/

Num. IT I X 1 0 1 1 ( 4 J O 1 4 1 0 1 0 Region/DA 6
Law Enforcement and TxDOT Use ONLY. Case Page 5 of 6
TxDOT
Form CR-3 (Rev. 1/1/2018) ID C20-0409 Crash ID 17605163.1/2020104681
intersection. Unit 2 continued northbound on WS Young and cleared the intersection. The operator of Unit 2 made a u-turn somewhere
north of the intersection and came back to the crash scene to provide information. This crash is still under investigation see KPD
case# 20-002266.
Law Enforcement and TxDOT Use ONLY. Case Ix DOT Page 6 of 6
Form CR-3 (Rev 1/1/2018) ID C20-0409 Crash ID 17605163.1/2020104681
Crash Date 'Crash Time "County
(MM/DD/YYYY) 0 2 / 2 8 / 2 0 2 0 (24HRMM) 2 1 3 7 N ame BELL
'City • 1 Rdwy. *Hwy.
Name KILLEEN Sys. LR Num.
* Street
Name WS YOUNG
ORI
N um. T X 0 I 1 4 10 1 4 10 10 'Agency
KILLEEN POLICE DEPARTMENT
Sonic&
Region/DA 6 L
I I I
5, 5 Name: Last, First, Middle 0
cv ,11 LT/ SR
vJ SR rn Q 0
N
3 5 f 2 7 MARTINEZ, ISABEL C 11 H 2 1 96 3 97 N
3 6 2 4 GARZA, ALISIA N 0 H 2 1 5 3 97
3 7 2 8 GARZA, ADRIAN A 10 H 96 1 97
Exhibit “B”
Exhibit “C”
Page 1 (Page 1)
ISIS FOSTER - February 11, 2021
· · · · · · · · · ··CAUSE NO. 316-734-C

·
·JOANNA FUENTES, AS NEXT· · ·* IN THE DISTRICT COURT
·FRIEND FOR ILIA FUENTES,· ··*
·A.R.G, A MINOR, AND G.N.F,··*
·A MINOR, ROBERT ADRIAN· · ··*
·GARZA, SR., INDIVIDUALLY· ··*
·AND AS NEXT FRIEND FOR A.G. *
·JR., A MINOR, AND A.N.G., A *
·MINOR, AND ASHLEY RODRIGUEZ,*
·AS NEXT FRIEND FOR I.R.M.,··*
·A MINOR,· · · · · · · · · ··*
· · · ··Plaintiffs,· · · · ··*
· · · · · · · · · · · · · · ·*
·VS.· · · · · · · · · · · · ·* OF BELL COUNTY, TEXAS
· · · · · · · · · · · · · · ·*
·CEQUIL CLEMONS, ISIS FOSTER,*
·FREDRICK MAYHAN, AND· · · ··*
·TRACEY MAYHAN,· · · · · · ··*
· · · ··Defendants.· · · · ··* 169TH JUDICIAL DISTRICT
·
·
·
· · · · · · · · ·REMOTE ORAL DEPOSITION OF
· · · · · · · · · · · ··ISIS FOSTER
· · · · · · · · · ·VOLUME 1 OF 1 VOLUME
· · · · · · · · · ··(REPORTED REMOTELY)
·
·a witness in the above entitled and numbered cause,
·
·taken by the Plaintiffs via Zoom video-conferencing
·
·before Lorna G. Hildebrandt, Certified Shorthand
·
·Reporter #429 in and for the State of Texas, commencing
·
·on the 11th day of February, 2021, from 10:00 a.m. to
·
·12:09 p.m., in the City of Killeen, County of Bell, and
·
·State of Texas, in accordance with the Texas Rules of
·
·Civil Procedure, the First Emergency Order Regarding the
·
·COVID-19 State of Disaster, and any stipulations as
·
·stated on the record.
·
· · · · · · · · ·*··*··*··*··*··*··*··*··*
CEN*TEX REPORTING SERVICE

512-732-1805
Page 2 (Pages 2-5)
Page 2 Page 4
·1·
· · · · · · · · · · · · ·I N D E X ·1·
· · · · · · ·(NOTE:··The reading of the Introduction to
·2·
· · · · · · ··Oral Deposition of ISIS FOSTER
·3·
·Examination by Mr. Blake ...........................· ·4 ·2·
· · · · · · ·Remote Depositions was waived by Counsel.)
··Further
· Examination by Ms. Daniels .................··94
·4·
·Further Examination by Mr. Blake ...................··96 ·3·
· · · · · · · · · · · ·ISIS FOSTER,
··Reporter's
· Certificate ............................. 101
·4·
·having been duly sworn to tell the truth, the whole
·5·
·
·6·
· · · · · · · · · ·A P P E A R A N C E S ·5·
·truth, and nothing but the truth, testified as follows:
·7·
·
··FOR
· THE PLAINTIFFS: ·6·
· · · · · · · · · · · ··EXAMINATION
·8·
·
·· ···Travis Blake, Esq. (Remotely Via Zoom) ·7·
·BY MR. BLAKE (10:00 a.m.):
·9·
· ··PAKIS, GIOTES, PAGE & BURLESON, P.C.
·· ···400 Austin Ave., Ste. 400 ·8·
· ··Q.··All right.··Good morning, Isis.··How are you?
10·
· ··P.O. Box 58 ·9·
· ··A.··I'm good.··How are you?
·· ···Waco, Texas··76703-0058
11·
· ··254.297.7300 10·
· ··Q.··I'm doing well.··I'm doing well.
·· ···254.297.7301 FAX
12·
· ··blake@pakislaw.com 11·
· · · ··My name is Travis Blake, and I represent Joanna
·· ···emf@pakislaw.com (Paralegal)
13·
· 12·
·and Adrian as next friend of a number of folks.··We're
··FOR
· THE DEFENDANTS: 13·
·the plaintiffs in this case.··Do you know what that
14·
·
·· ··REPRESENTING CEQUIL CLEMONS & ISIS FOSTER: 14·
·means?
15·
· ··Robert B. Burns, Jr., Esq. (Remotely Via Zoom)
·· ···BURNS, ANDERSON, JURY & BRENNER, LLP 15·
· ··A.··I do.
16·
· ··P.O. Box 26300
·· ···Austin, Texas··78755-0300 16·
· ··Q.··All right.··I think you've got on here as well
17·
· ··512.338.5322
17·
·your attorney, Mr. Burns.
·· ···512.338.5363 FAX
18·
· ··bburns@bajb.com 18·
· ··A.··Mm-hmm.
19·
··REPRESENTING FREDRICK & TRACEY MAYHAN:
·· ···Breanne Daniels, Esq. (Remotely Via Zoom) 19·
· ··Q.··And we have Bree Daniels, who represents the
20·
· ··SHEEHY, LOVELACE & MAYFIELD, P.C.
·· ···510 N. Valley Mills Dr., Ste. 500 20·
·Mayhans, who are also defendants in this case.··Do you
21·
· ··Waco, Texas··76710
21·
·understand that?
·· ···254.772.8022
22·
· ··254.772.9297 FAX 22·
· ··A.··I do.
·· ···bdaniels@slmpc.com
23·
· 23·
· ··Q.··All right.··Have you ever been deposed before?
··ALSO
· PRESENT:
24·
· 24·
· ··A.··I'm sorry?
·· ···Joanna Fuentes, Ilia Fuentes & Adrian Garza, Sr.
25·
·
25·
· ··Q.··Have you ever been deposed before?
Page 3 Page 5
·1·
· · · · · · · · · · ··E X H I B I T S ·1·
· ··A.··Not that I'm aware of, no.
·2·
·NUMBER:· · · · · · ··Description:· · · · · · ··Page No.: ·2·
· ··Q.··All right.··So this is your first time?
·3·
·P-1· ··Google Map Aerial View of Apple Store in Austin
·3·
· ··A.··Yes.
···· · ··and Surrounding Area ........................··31
·4·
· ·4·
· ··Q.··All right.··Let me tell you a little bit about
··P-2·
· ··Further-Out Google Map Aerial View ..........··35 ·5·
·how it works.··So it's pretty simple.··I ask you
·5·
· ·6·
·questions, and you're going to answer them.··If
··P-3·
· ··Google Map Aerial View of Fort Hood .........··42
·7·
·possible, actually, I need you to answer them, you know,
·6·
·
··P-4·
· ··Google Map Aerial View of Killeen Area ......··44 ·8·
·with a verbal response, a "yes", "no", a "maybe".··All
·7·
· ·9·
·right?··Not like an "uh-huh" or a "hmm-mm".··Does that
··P-5·
· ··Texas Peace Officer's Crash Report ..........··69 10·
·make sense?
·8·
·
11·
· ··A.··It makes sense.
···· · · · · · · ··*··*··*··*··*··*··*··*
·9·
· 12·
· ··Q.··And always if I ask a question that's weird or
10·
· 13·
·doesn't make sense or you don't understand it, you just
11·
· 14·
·ask me to repeat it and I'll be happy too.
12·
·
15·
· ··A.··Okay.
13·
·
14·
·
16·
· ··Q.··And if I talk too fast or I mumble or you can't
15·
· 17·
·hear me, just say "Can you speak up, please?" or
16·
· 18·
·whatever, and I'll be happy to make sure you hear my
17·
·
19·
·question.··All right?
18·
·
20·
· ··A.··Okay.
19·
·
20·
· 21·
· ··Q.··And I know you've probably spent more time on
21·
· 22·
·Zoom than you wanted to these last few months; so if --
22·
·
23·
· ··A.··I don't really get the whole Zoom thing.··It's my
23·
·
24·
·first time on Zoom; so --
24·
·
25·
· 25·
· ··Q.··Okay.··Then lucky you.··Well, if there's a hiccup

512-732-1805
Page 3 (Pages 6-9)
Page 6 Page 8
·1·
·or a delay or a lag or anything like that, just say so ·1·
· ··Q.··How long have you lived at -- in the Fort Hood
·2·
·and we'll stop and make sure it gets fixed.··All right? ·2·
·area?
·3·
· ··A.··Okay. ·3·
· ··A.··I've been stationed here about three years; so a
·4·
· ··Q.··You understand that this is being recorded by Ms. ·4·
·while.
·5·
·Hildebrandt here, our court reporter? ·5·
· ··Q.··What do you do for a living?
·6·
· ··A.··I do. ·6·
· ··A.··I am in the military.··I am a 92 Golf Culinary
·7·
· ··Q.··And she's typing down everything that gets said. ·7·
·Specialist.··I'm a cook.
·8·
· ··A.··I understand. ·8·
· ··Q.··So have you been in that role your entire time
·9·
· ··Q.··And that this is under oath? ·9·
·down here at Fort Hood?
10·
· ··A.··(Nodding affirmatively.) 10·
· ··A.··Yes.··I did deploy 2018 to 2019 in Syria, but
11·
· ··Q.··Is that a "yes"? 11·
·when I came back I did reside at the same job.
12·
· ··A.··Yes.··I'm sorry.··Yes, sir, I understand. 12·
· ··Q.··Excellent.··When did you join the military?
13·
· ··Q.··No, you're good. 13·
· ··A.··Ooh ... 2015?··January of 2015.
14·
· · · ··All right.··So you understand what the oath 14·
· ··Q.··And have you always been a 92 Golf Culinary
15·
·means? 15·
·Specialist?
16·
· ··A.··Yes. 16·
· ··A.··No.··I was a 92 ALCO.··I was a Logistics
17·
· ··Q.··Do you know what perjury is? 17·
·Specialist, and then I reclassed to a 92 Golf, which is
18·
· ··A.··Yes. 18·
·a Culinary Specialist.
19·
· ··Q.··All right.··So you understand that by not telling 19·
· ··Q.··Are you -- Do you have any expected date of
20·
·the truth in today's deposition, that could lead to 20·
·separation from the military at this point?
21·
·issues with what we call perjury? 21·
· ··A.··2024.··I get stationed in Hawaii this upcoming
22·
· ··A.··Yes. 22·
·March.
23·
· ··Q.··Do you want to talk to Mr. Burns privately about 23·
· ··Q.··Lucky you.
24·
·that before we get started? 24·
· · · ··All right, Ms. Foster.··So you understand why
25·
· ··A.··No. 25·
·we're talking to you here today, right?
Page 7 Page 9
· ··Q.··All right.··Okay.··Let's start with the easy
·1· ·1·
· ··A.··Yes.
·thing.··What's your full name?

·2· ·2·
· ··Q.··You were involved in a vehicle collision on
· ··A.··My name is Isis Le'Queen Foster.

·3· ·3·
·February 28th, 2020, correct?
· ··Q.··How old are you, Ms. Foster?

·4· ·4·
· ··A.··Correct.
· ··A.··26, sir.
·5· ·5·
· ··Q.··Were you injured in that accident -- in that
· ··Q.··Where were you born?

·6· ·6·
·collision?
· ··A.··Madisonville, Kentucky.
·7· ·7·
· ··A.··I was.
· ··Q.··Did you grow up there your whole life?

·8· ·8·
· ··Q.··What injuries did you sustain?
· ··A.··No.··I spent some time in Evansville, Indiana,
·9· ·9·
· ··A.··I had a fracture to my right ankle, in my heel
·sir.
10· 10·
·and in different places in my right foot, as well.
· ··Q.··Where did you go to high school?
11· 11·
· ··Q.··Were you driving a vehicle in that collision?
· ··A.··Harrison, William Henry Harrison in Evansville,
12· 12·
· ··A.··No.··I was a passenger.
·Indiana.
13· 13·
· ··Q.··Who was driving the car that you were a passenger
· ··Q.··And where do you live now?
14· 14·
·in?
· ··A.··I live on -- in Fort Hood, Texas.··I am at 5002
15· 15·
· ··A.··Cequil Clemons.
·Thayer Drive, Apartment (inaudible).
16· 16·
· ··Q.··Who is Cequil Clemons?
· ··Q.··I'm sorry?··Finish your answer.
17· 17·
· ··A.··He is my friend, at the moment.
· ··A.··Oh, Apartment 2C.
18· 18·
· ··Q.··At the moment he's your friend?
· ··Q.··How long have you lived at that address?
19· 19·
· ··A.··Yes.··He is my friend, yes.
· ··A.··October of last year.
20· 20·
· ··Q.··At the time of the collision, were you-all in a
· ··Q.··And where did you live before October of last
21· 21·
·relationship?
·year?
22· 22·
· ··A.··We were.
· ··A.··3006 [sic] Panhandle Drive.
23· 23·
· ··Q.··A romantic relationship?
· ··Q.··And what city and state is that?
24· 24·
· ··A.··Yes, sir.
· ··A.··Killeen, Texas.
25· 25·
· ··Q.··When did that end?

512-732-1805
Page 4 (Pages 10-13)
Page 10 Page 12
·1·
· ··A.··That ended in October. ·1·
· ··A.··No, November.
·2·
· ··Q.··Did you-all stay friends? ·2·
· ··Q.··In November of what year?
·3·
· ··A.··Yes.··We're still good friends. ·3·
· ··A.··Of last year.
·4·
· ··Q.··And what does Mr. Clemons do for a living? ·4·
· ··Q.··So November of 2020 you were in an accident, and
·5·
· ··A.··Mr. Clemons is in the military, as well. ·5·
·your vehicle was totaled?
·6·
· ··Q.··Is that where you-all met? ·6·
· ··A.··Yes.
·7·
· ··A.··Yes. ·7·
· ··Q.··And that vehicle that was totaled was what make
·8·
· ··Q.··What is his role in the military? ·8·
·and model?
·9·
· ··A.··He is a Communication Specialist.··I'm not sure ·9·
· ··A.··It was a 2020 Toyota RAV 4.
10·
·what his ... uhm ... what the MOS ID is.··I know mine is 10·
· ··Q.··How long had you owned that vehicle for?
11·
·92 Golf.··I'm not sure what his is per se, but I do know 11·
· ··A.··30 days.
12·
·he is a Communication Specialist, short for COM. 12·
· ··Q.··All right.··Prior to that vehicle had you owned
13·
· ··Q.··Okay.··How long have you known Mr. Clemons? 13·
·another vehicle?
14·
· ··A.··Two-and-a-half years, almost three. 14·
· ··A.··Yes.
15·
· ··Q.··Did you-all meet at Fort Hood? 15·
· ··Q.··What did you drive before that 2020 RAV 4 that
16·
· ··A.··We did. 16·
·was totaled in November?
17·
· ··Q.··And where is he from originally? 17·
· ··A.··I drove a silver 2013 RAV 4 Toyota.
18·
· ··A.··Houston.··He's from Houston, Texas. 18·
· ··Q.··And how long had you owned that vehicle?
19·
· ··Q.··And has he lived in Fort Hood longer than you 19·
· ··A.··Four years, I believe.··I believe four years.
20·
·have? 20·
· ··Q.··Had you ever been involved in any other car
21·
· ··A.··No.··He -- I think I got there maybe a couple of 21·
·wrecks besides the February 28th, 2020 collision and the
22·
·months before he did.··As soon as he got there he 22·
·November 2020 collision?
23·
·deployed, as well. 23·
· ··A.··No, sir.
24·
· ··Q.··You are a licensed driver, correct? 24·
· ··Q.··So the February 28th, 2020 collision was your
25·
· ··A.··I am. 25·
·first car wreck --
Page 11 Page 13
·1·
· ··Q.··Do you have a license in the state of Texas? ·1·
· ··A.··Correct, yes.
·2·
· ··A.··No, I do not.··I have an Indiana state driver's ·2·
· ··Q.··-- to be a part of?
·3·
·license. ·3·
· ··A.··Yes.
·4·
· ··Q.··Do you own a car? ·4·
· ··Q.··All right.··What kind of car were you riding in
·5·
· ··A.··I do. ·5·
·in that February 28th, 2020 collision?
·6·
· ··Q.··What kind of car do you drive? ·6·
· ··A.··A Dodge Charger, but I'm not sure of the year.
·7·
· ··A.··I drive a 2021 Toyota RAV 4. ·7·
· ··Q.··And just kind of go -- as kind of a shortcut
·8·
· ··Q.··How long have you owned that vehicle? ·8·
·going forward, when I say "the collision" from here on
·9·
· ··A.··January. ·9·
·out I'm referring to that February 28, 2020 collision.
10·
· ··Q.··Of 2021? 10·
·Okay?
11·
· ··A.··Of 2021. 11·
· ··A.··Okay, sir.
12·
· ··Q.··Prior -- I'm sorry.··Prior to January of 2021 did 12·
· ··Q.··And if you're ever confused, if I ever confuse
13·
·you own a different vehicle, or did you not have a 13·
·you, which does happen, just say -- just ask me to make
14·
·vehicle? 14·
·sure before you answer and we'll get it cleared up.··All
15·
· ··A.··I had -- So I got into an accident in February, 15·
·right?
16·
·and the car was totaled; so I had just gotten a new one 16·
· ··A.··Okay.
17·
·and got it totaled out. 17·
· ··Q.··All right.··So at the time of the collision you
18·
· · · ··I had a 2020 RAV 4 in the month of October- 18·
·were riding in a Dodge Charger.··Who owned that vehicle?
19·
·November, but prior to that for about three years I had 19·
· ··A.··Cequil Clemons.
20·
·a Toyota RAV 4 that was a 2019 -- excuse me -- 2017 or 20·
· · · · · · ·THE REPORTER:··I'm sorry.··Just one second.
21·
·'13.··I think it was 2013.··Sorry.··I think it was 2013. 21·
·Could I ask, can you turn up your volume?··I hear you,
22·
· ··Q.··That's all right. 22·
·but I'm really straining to hear you.··Turn it up as
23·
· · · ··So I want to step back a second.··So you 23·
·loud as you can, 100 percent.··And sometimes people have
24·
·mentioned that you had a vehicle that was totaled in an 24·
·to sit a little closer to the microphone, too, but it's
25·
·accident in February? 25·
·very important that I hear every word.

512-732-1805
Page 14 Page 16
·1·
· · · · · · ·THE WITNESS:··Can you hear me now, ma'am? ·1·
· ··A.··No, sir.
·2·
·Is that better? ·2·
· ··Q.··So those were texts or e-mails or phone calls?
·3·
· · · · · · ·THE REPORTER:··If that's as loud as it can ·3·
· ··A.··They were just FaceTimes or phone calls to my
·4·
·get, just speak as loud as you can for me. ·4·
·mother and some of my younger siblings, as well.
·5·
· · · · · · ·THE WITNESS:··Okay.··Can you hear me now? ·5·
· · · · · · ·MR. BURNS:··Isis, let me give you a caution,
·6·
·Is it better? ·6·
·please.··The reporter can only take down one of you at a
·7·
· · · · · · ·THE REPORTER:··Yes, it is better.··Thank ·7·
·time; so even if you know what Mr. Blake is going to ask
·8·
·you. ·8·
·you, make sure you pause for a second when he's done ...
·9·
· · · · · · ·THE WITNESS:··No problem. ·9·
·sometimes there's an audio lag when we're doing Zoom ...
10·
·BY MR. BLAKE: 10·
·so that she can get down the full question and then she
11·
· ··Q.··All right.··Thank you, Lorna. 11·
·can get down your full answer.··Okay?
12·
· · · ··All right.··So that Dodge Charger that Mr. 12·
· · · · · · ·THE WITNESS:··Okay.··Thank you, Mr. Burns.
13·
·Clemons owned that was involved in the collision, what 13·
· · · · · · ·MR. BURNS:··You bet.
14·
·color was it? 14·
· · · · · · ·MR. BLAKE:··Thank you, Bob.
15·
· ··A.··It was either gray or silver.··I think it was 15·
· · · · · · ·MR. BURNS:··Yes, sir.
16·
·gray. 16·
·BY MR. BLAKE:
17·
· ··Q.··All right.··And had he owned that vehicle as long 17·
· ··Q.··So I'm going to repeat my last question.
18·
·as you had known him? 18·
· · · ··So on your Facebook you don't recall ever making
19·
· ··A.··Yes. 19·
·any kind of posts or updates about the collision?
20·
· ··Q.··Was it a newer or an older Dodge Charger? 20·
· ··A.··No.
21·
· ··A.··I'm not sure. 21·
· ··Q.··All right.··Have you ever deleted anything off of
22·
· ··Q.··That's all right. 22·
·your Facebook?
23·
· · · ··Was it a nice car? 23·
· ··A.··Yes.
24·
· ··A.··It was. 24·
· ··Q.··Have you deleted anything off of your Facebook
25·
· ··Q.··Was Mr. Clemons what you'd call a car guy? 25·
·since February 28th of 2020?
Page 15 Page 17
·1·
· ··A.··I wouldn't say a car guy.··I would say that he ·1·
· ··A.··No.
·2·
·liked nice things. ·2·
· ··Q.··Do you have any other social media accounts?
·3·
· ··Q.··Was he proud of his car? ·3·
· ··A.··Yes.
·4·
· ··A.··Yeah.··Yeah, he liked his car.··He was a fan. ·4·
· ··Q.··What type of accounts are those?
·5·
· ··Q.··Was he the type to take pictures of it and post ·5·
· ··A.··I have Twitter, I have Tumbler, I have Instagram,
·6·
·them or things like that? ·6·
·and that's really it.
·7·
· ··A.··No. ·7·
· ··Q.··On any of those platforms that you just mentioned
·8·
· ··Q.··Did he have a Facebook? ·8·
·have you ever made any posts or tweets or anything like
·9·
· ··A.··Yes. ·9·
·that referencing the collision?
10·
· ··Q.··Did you have a Facebook? 10·
· ··A.··No.
11·
· ··A.··Yes.··Still do. 11·
· ··Q.··Did you take any pictures of the collision?
12·
· ··Q.··Still do? 12·
· ··A.··No.
13·
· ··A.··Mm-hmm. 13·
· ··Q.··Did you take any pictures of your injuries
14·
· ··Q.··Does he still have Facebook, as far as you know? 14·
·following the collision?
15·
· ··A.··I'm not sure.··I don't really have him on any 15·
· ··A.··No.
16·
·social media.··I'm not really sure. 16·
· ··Q.··Do you use those social media accounts often?
17·
· ··Q.··Did you have any posts on your Facebook about the 17·
· ··A.··Yes.
18·
·collision? 18·
· ··Q.··About how often would you say you make posts to
19·
· ··A.··No. 19·
·those accounts?
20·
· ··Q.··Never gave any updates to your friends and family 20·
· ··A.··Maybe once every couple of months just to update
21·
·on how you were doing? 21·
·family on different things going on in my life, like the
22·
· ··A.··I gave them updates on my injuries, but as far as 22·
·move to Hawaii, but nothing regularly.
23·
·the collision was concerned, no, sir. 23·
· ··Q.··All right.··Let's go back to Mr. Clemons.··When
24·
· ··Q.··Did you give those updates on your injuries via 24·
·you-all were -- On February 28th of 2020 did you-all
25·
·your Facebook? 25·
·share a residence?

512-732-1805
Page 18 Page 20
·1·
· ··A.··Yes. ·1·
·but I still woke up in a field at a field training
·2·
· ··Q.··Was that the Panhandle Drive address? ·2·
·exercise in Fort Hood.
·3·
· ··A.··Yes. ·3·
· ··Q.··So what is a field problem?
·4·
· ··Q.··All right.··Was that an apartment or a house? ·4·
· ··A.··It is a training exercise to make sure that all
·5·
· ··A.··It was a house. ·5·
·military personnel know what they're doing if it comes
·6·
· ··Q.··Was that a house that you-all were renting? ·6·
·to a deployment of some sort or another training
·7·
· ··A.··He was renting. ·7·
·exercise.··I'm sorry.··It's just a series of training
·8·
· ··Q.··So it was his house, and you were -- had ·8·
·events to lead up to a bigger event.
·9·
·basically moved in with him? ·9·
· ··Q.··And where was that field training located?
10·
· ··A.··Yes. 10·
· ··A.··On Fort Hood.
11·
· ··Q.··All right.··Was that -- Where is that located in 11·
· ··Q.··So you woke up at the Fort that morning in the
12·
·proximity to Fort Hood? 12·
·field?
13·
· ··A.··It's about a 15-minute drive. 13·
14·
· ··Q.··What was that address again? 14·
· ··Q.··And about what time were you released?
15·
· ··A.··3005 Panhandle Drive, Killeen, Texas.··I'm not 15·
· ··A.··3:00 o'clock, maybe, 2:00-3:00 o'clock.
16·
·sure of the zip code.··I'm pretty sure it's 76543, but 16·
· ··Q.··So for the whole morning and part of the
17·
·it could be 2. 17·
·afternoon you were in that training exercise at Fort
18·
· ··Q.··Okay.··That's all right. 18·
·Hood?
19·
· · · ··And you-all lived there on February 28th of 2020? 19·
· ··A.··Yes.
20·
· ··A.··Yes. 20·
· ··Q.··And when you were released, where did you end up
21·
· ··Q.··All right.··Is Mr. Clemons still in the military? 21·
·going?
22·
· ··A.··Yes. 22·
· ··A.··I went to my home at the time to take a shower.
23·
· ··Q.··Is he still stationed at Fort Hood? 23·
·I had been there for about a week.
24·
· ··A.··Yes. 24·
· ··Q.··And your home at that time was the 3005
25·
· ··Q.··He has been charged with a crime in conjunction 25·
·Panhandle?
Page 19 Page 21
·1·
·with this collision, correct? ·1·
·2·
· ··A.··I'm not sure. ·2·
· ··Q.··And when you say you had been there for about a
·3·
· ··Q.··Do you-all keep in communication still? ·3·
·week, you mean you had been in that field exercise for
·4·
· ··A.··A little bit. ·4·
·about a week?
·5·
· ··Q.··About how often would you say you-all communicate ·5·
· ··A.··Yes.
·6·
·with each other? ·6·
· ··Q.··So you hadn't been home for about a week?
·7·
· ··A.··Once every couple weeks. ·7·
· ··A.··No.
·8·
· ··Q.··Do you-all do that over texts or in person? ·8·
· ··Q.··All right.··Did Mr. -- Was Mr. Clemons in that
·9·
· ··A.··Usually in person. ·9·
·field exercise with you?
10·
· ··Q.··Do you-all make it a point to meet up, or do you 10·
· ··A.··He was in a different area, but he was at the
11·
·just run into each other around Fort Hood? 11·
·field problem.
12·
· ··A.··We just run into each other around Fort Hood. 12·
· ··Q.··Had he been in that exercise for about a week, as
13·
· ··Q.··All right.··Okay.··Let's talk about 13·
·well?
14·
·February 28th, 2020.··So what day of the week was that, 14·
· ··A.··I'm not sure.··We usually go at -- because of our
15·
·in your recollection? 15·
·MOS, our job differences, we usually go at different
16·
· ··A.··A Friday. 16·
·times.
17·
· ··Q.··So on that Friday what did you -- where did you 17·
· ··Q.··When did you first see Mr. Clemons on
18·
·wake up at? 18·
·February 28th, 2020?
19·
· ··A.··I'm sorry? 19·
· ··A.··Whenever I got home after I had been released.
20·
· ··Q.··Where did you wake up that morning?··At your 20·
· ··Q.··So when you arrived home, he was already at 3005
21·
·house? 21·
·Panhandle Drive?
22·
· ··A.··No.··I woke up in -- We were in what they call a 22·
· ··A.··Yes, sir.··I'm sorry.··Yes, sir.
23·
·field problem in Fort Hood that morning, and then once 23·
· ··Q.··You're good.
24·
·we got all of the trucks together and came back to the 24·
· · · ··How long had he been there?··Do you know?
25·
·actual post for the field site, then we were released, 25·
· ··A.··I'm not sure.

512-732-1805
Page 22 Page 24
·1·
· ··Q.··When you arrived home, did you-all get caught up? ·1·
· ··Q.··So you went from the coffee shop to a store.
·2·
·Did you just go take a shower?··What happened when you ·2·
· ··A.··(Nodding affirmatively.)
·3·
·got back to your house? ·3·
· ··Q.··Did you go from that store back to the Apple
·4·
· ··A.··I took a shower. ·4·
·Store for your appointment?
·5·
· ··Q.··And how long were you-all at the house for? ·5·
· ··A.··Yes.
·6·
· ··A.··Not sure. ·6·
· ··Q.··And we're not sure want time that was, but maybe
·7·
· ··Q.··What was the next thing you-all did that day out ·7·
·around 7:00 o'clock?
·8·
·of the house? ·8·
· ··A.··(Nodding.)
·9·
· ··A.··We went to Austin, Texas to get a phone fixed. ·9·
· · · · · · ·THE REPORTER:··I'm sorry?
10·
·We had to go to the Apple Store in Austin.··It's the 10·
· · · · · · ·MR. BLAKE:··And about how long were you
11·
·closest one that they have. 11·
·there at the Apple Store?
12·
· ··Q.··About what time did you-all leave for Austin? 12·
· · · · · · ·THE REPORTER:··I need an audible response.
13·
· ··A.··Not sure, sir. 13·
·I'm sorry.··You nodded there.
14·
· ··Q.··Would you say it was before or after 5:00 14·
· · · · · · ·THE WITNESS:··I'm so sorry.
15·
·o'clock?··Do you have any idea? 15·
· · · · · · ·Yes, that's correct.
16·
· ··A.··I know the sun was still shining when we left. 16·
· · · · · · ·THE REPORTER:··Thank you.
17·
·I'm not sure of the exact time, sir. 17·
· · · · · · ·THE WITNESS:··Could you ask me the question
18·
· ··Q.··Sure.··And we'll talk more about, you know, each 18·
·again, sir?
19·
·of the different pieces of this, but you-all went down 19·
·BY MR. BLAKE:
20·
·to the Apple Store? 20·
· ··Q.··Sure.··I'll re-ask the question.
21·
· ··A.··Mm-hmm. 21·
· · · ··So I think my question was about how long were
22·
· ··Q.··And did you go straight back to the Killeen/Fort 22·
·you at the Apple Store?
23·
·Hood area? 23·
· ··A.··Maybe an hour, sir.
24·
· ··A.··Yes.··So we had to go get a phone fixed.··Also, I 24·
· ··Q.··What was Mr. Clemons doing at the Apple Store?
25·
·wanted to get another vehicle; so it was kind of going 25·
· ··A.··Getting his phone fixed.
Page 23 Page 25
·1·
·to be a "two birds, one stone" trip, if that makes ·1·
· ··Q.··What was wrong with the phone?
·2·
·sense. ·2·
· ··A.··I believe the screen was shattered.
·3·
· ··Q.··So walk me through, yeah, the stops that you-all ·3·
· ··Q.··So was he getting a screen replaced?
·4·
·made after you left your house in Killeen. ·4·
· ··A.··Yes.
·5·
· ··A.··So we left the home, and then we stopped at the ·5·
· ··Q.··And that took about an hour?
·6·
·gas station.··I'm not sure what the highway is called. ·6·
·7·
·I'm sorry.··We stopped at the gas station.··I had to use ·7·
· ··Q.··Were they able to replace the screen on his
·8·
·the restroom and then grab something to drink, and then ·8·
·phone?
·9·
·we went directly to the Apple Store, set the ·9·
10·
·appointment. 10·
· ··Q.··I'm sorry.··What was that?
11·
· ··Q.··All right.··What did you do next? 11·
· ··A.··"Yes".
12·
· ··A.··We went to a coffee shop because the appointment 12·
· ··Q.··After leaving the Apple Store, where did you-all
13·
·was going to take about an hour; so we stopped at the 13·
·go next?
14·
·coffee shop and grabbed something to drink. 14·
· ··A.··We stopped at a gas station, stopped to get
15·
· ··Q.··What did you-all do after the coffee shop? 15·
·something else to drink, and we then proceeded to come
16·
· ··A.··I had to use the restroom again, and then we went 16·
·home.
17·
·to one of the stores close to the Apple Store to, I 17·
· ··Q.··Had you-all eaten dinner at any point that
18·
·guess browse around.··I had never been to the store 18·
·evening?
19·
·before, and I kind of like to shop. 19·
· ··A.··No, sir.
20·
· ··Q.··Sure.··Do you remember what store that was? 20·
· ··Q.··All right.··So no food, but you-all had several
21·
· ··A.··No, I am not sure.··It's been a while. 21·
·things to drink?
22·
· ··Q.··About what time was your appointment at the Apple 22·
23·
·Store, do you think? 23·
· ··Q.··And those are what kind of beverages?
24·
· ··A.··I'm not sure.··Maybe around 7:00 o'clock.··I'm 24·
· ··A.··An energy drink, water, juice.
25·
·not sure of the exact time, sir. 25·
· ··Q.··Had you consumed any alcoholic beverages on

512-732-1805
Page 26 Page 28
·1·
·February 28th, 2020? ·1·
·2·
· ··A.··No, sir. ·2·
· ··Q.··At that store you-all visited just to shop
·3·
· ··Q.··Had you observed Mr. Clemons consuming any ·3·
·around, did you-all buy anything there?
·4·
·alcoholic beverages on February 28th, 2020? ·4·
· ··A.··No, sir.
·5·
· ··A.··No, sir. ·5·
· ··Q.··For these purchases, did you or Mr. Clemons pay
·6·
· ··Q.··Did Mr. Clemons eat any food on February 28th, ·6·
·for these items?
·7·
·2020 that you saw? ·7·
· ··A.··Which purchases, sir?
·8·
· ··A.··We had maybe a muffin at the coffee shop, but ·8·
· ··Q.··I'm sorry.··I asked a bad question.
·9·
·other than that, I'm not aware, no, sir. ·9·
· · · ··For the drinks at the gas stations, was that
10·
· ··Q.··Were you ever apart from Mr. Clemons during this 10·
·something that you bought, or was that Mr. Clemons who
11·
·trip from your house down to Austin and back to your 11·
·bought that?
12·
·house? 12·
· ··A.··I'm not sure, sir.
13·
· ··A.··Aside from using the restroom, no, sir. 13·
· ··Q.··At the Apple Store did Mr. Clemons pay with his
14·
· ··Q.··So you-all went to every store together? 14·
·own money for the phone repair?
15·
· ··A.··Yes, sir. 15·
16·
· ··Q.··You-all were in the car together the entire time? 16·
· ··Q.··At the coffee shop do you remember who paid?
17·
· ··A.··Yes, sir. 17·
· ··A.··No, sir.
18·
· ··Q.··So except for the times where one of you-all was 18·
· ··Q.··Did you-all use cash, or was there a credit card?
19·
·in the restroom, you could always observe Mr. Clemons 19·
· ··A.··There was a debit card.
20·
·and what he was doing? 20·
· ··Q.··All right.··So if we looked at your debit card
21·
· ··A.··Yes, sir. 21·
·statements from February 28th, 2020, we would see
22·
· ··Q.··Did either of you -- Did you use any drugs on 22·
·purchases consistent with these stops down in Austin?
23·
·February 28th, 2020? 23·
24·
· ··A.··No, sir. 24·
· ··Q.··There would be a record of the gas station
25·
· ··Q.··Were you on any prescription medication on 25·
·purchases, correct?
Page 27 Page 29
·1·
· ··A.··I said I wasn't sure who made the gas purchases,
·2·
· ··A.··No, sir. ·2·
·sir.
·3·
· ··Q.··Were you on any kind of over-the-counter ·3·
· ··Q.··But on somebody's debit card statement --
·4·
·medication of any kind? ·4·
·5·
· ··A.··No, sir. ·5·
· ··Q.··-- there would be a record of these gas station
·6·
· ··Q.··To your knowledge, was Mr. Clemons using ·6·
·purchases?
·7·
·recreational drugs on February 28th, 2020? ·7·
·8·
· ··A.··Say that one more time, sir? ·8·
· ··Q.··And there would be a record of the Apple Store
·9·
· ··Q.··To your knowledge, was Mr. Clemons using any kind ·9·
·visit?
10·
·of drugs on February 28th, 2020? 10·
11·
· ··A.··No, sir. 11·
· ··Q.··There would be a payment on the debit card to the
12·
· ··Q.··Was he on any prescription medication -- 12·
·Apple Store, correct?
13·
· ··A.··No. 13·
· ··A.··Are you speaking of both ...
14·
· ··Q.··-- on February 28th, 2020? 14·
· ··Q.··Let me rephrase that.··That was a bad question.
15·
· ··A.··No, sir. 15·
· · · ··On either your debit card statement or Mr.
16·
· ··Q.··You-all spent money at numerous places on this 16·
·Clemons' debit card statement there would be a record of
17·
·trip, correct? 17·
·the Apple Store purchase, correct?
18·
· ··A.··Yes, sir. 18·
19·
· ··Q.··You-all bought some drinks? 19·
· ··Q.··Nobody used cash for any of these -- any of these
20·
· ··A.··Yes, sir. 20·
·purchases?
21·
· ··Q.··You-all -- did you-all buy any gas at these gas 21·
· ··A.··Not that I remember, sir.
22·
·stations? 22·
· ··Q.··So there would be records on the debit cards for
23·
· ··A.··Yes, sir. 23·
·all of these things, correct?
24·
· ··Q.··And of course, also the screen at the Apple 24·
25·
·Store, that cost some money, correct? 25·
· ··Q.··All right.··How did you-all -- What route did

512-732-1805
Page 30 Page 32
·1·
·you-all take to get down to Austin from your house in ·1·
· ··Q.··So you say it wasn't as busy as it normally would
·2·
·Killeen? ·2·
·be.··Did you-all ever have to slow down for traffic?
·3·
· ··A.··Hmm ... uhm ... I'm trying to remember the street ·3·
· ··A.··Yes.
·4·
·name, sir.··I'm sorry. ·4·
· ··Q.··Did you ever come to a complete stop?
·5·
· ··Q.··You're good.··Would it help you if I showed you a ·5·
· ··A.··Not that I remember, sir.
·6·
·map, sort of, of the area? ·6·
· ··Q.··Do you know what time you left Austin?
·7·
· ··A.··Yes. ·7·
· ··A.··No, sir.
·8·
· ··Q.··All right.··Let me share my screen with you.··One ·8·
· ··Q.··Do you believe it was -- was it after dark?
·9·
·second. ·9·
10·
· · · ··All right.··So you-all were going to the Domain 10·
· ··Q.··Did you-all drive any faster than usual getting
11·
·in Austin, correct? 11·
·down there?
12·
· ··A.··Yes, that's correct, sir. 12·
· ··A.··No, sir.
13·
· ··Q.··All right.··Here is a -- Are you-all seeing my 13·
· ··Q.··Did you-all drive any faster than usual getting
14·
·screen here? 14·
·back?
15·
· ··A.··No, sir. 15·
· ··A.··No, sir.
16·
· ··Q.··All right.··One second. 16·
· ··Q.··Was Mr. Clemons a good driver?
17·
· · · ··Okay.··It's not letting me share my screenshot 17·
18·
·here.··Let me try something else. 18·
· ··Q.··What does that -- When we say -- when I say "good
19·
· · · · · · ·THE REPORTER:··There we go. 19·
·driver", I mean did he often drive fast?
20·
· ··A.··No, sir.
21·
· ··Q.··Yeah, but it's giving me trouble on the -- it's 21·
· ··Q.··Do you recall ever being with him when he
22·
·telling me that -- Okay.··One second.··Let me ... 22·
·exceeded the speed limit?
23·
· · · ··Okay.··Can you see this screen of Google Maps? 23·
· ··A.··No, sir.
24·
· ··A.··Yes. 24·
· ··Q.··Did he ever race his car around Killeen or Fort
25·
· ··Q.··All right.··So I'm going to type in the Apple 25·
·Hood?
Page 31 Page 33
·1·
·Store, if I can spell it right, "Apple Store Domain". ·1·
· ··A.··No, sir.
·2·
· ··A.··Mm-hmm. ·2·
· ··Q.··Was he ever involved in any kind of car clubs or
·3·
· ··Q.··Is this where you-all went on February 28th, ·3·
·any kind of social clubs centered around cars?
·4·
·2020? ·4·
· ··A.··Not that I'm aware of, sir.
·5·
· ··A.··Yes, sir. ·5·
· ··Q.··Did he ever take his car to any kind of car shows
·6·
· ··Q.··I'll zoom out a little bit.··So there's MoPac, ·6·
·or anything like that?
·7·
·and this is in Austin.··I'll even zoom out farther. ·7·
· ··A.··No, sir.··Mr. Clemons was what you would call a
·8·
· · · ··So here we have North Austin, and this is right ·8·
·homebody.
·9·
·here off of MoPac; is that correct? ·9·
· ··Q.··What do you mean by him being a "homebody"?
10·
· ··A.··Yes, sir. 10·
· ··A.··He's pretty much at home most of the time.··He
11·
· ··Q.··All right.··Let's call this Plaintiff's 11·
·doesn't really like to go out.··He has two daughters; so
12·
·Exhibit 1.··Let me -- So this area that I just took a 12·
·usually they were at the house.··We did a lot of movie
13·
·picture of, that's where you-all went on February 28th, 13·
·nights, a lot of games at the home, didn't really leave
14·
·2020, correct? 14·
·much.
15·
· ··A.··Yes, sir. 15·
· ··Q.··Now, these two daughters he has, they lived with
16·
· ··Q.··All right.··I will save this as Plaintiff's 16·
·you-all at the time in February of 2020?
17·
·Exhibit 1. 17·
· ··A.··He had joint custody with their mother; so they
18·
· · · · · · · · ·(Exhibit P-1 was marked.) 18·
·would go back and forth.
19·
· · · ··All right.··So you-all were headed there, and you 19·
· ··Q.··About how much time did they spend at you-all's
20·
·went down there from Fort Hood, which is about how long 20·
·house in Killeen in February of 2020?
21·
·of a drive? 21·
· ··A.··We were in the field for quite some time, with
22·
· ··A.··An hour and 10 minutes with traffic. 22·
·the field exercise for quite some time.··We went a
23·
· ··Q.··Was there much traffic that day? 23·
·couple of times in February, actually; so maybe eight
24·
· ··A.··Not really.··It wasn't bad.··It wasn't as busy as 24·
·days at max they were there in February, just because of
25·
·it usually would be on a weekend. 25·
·the training cycle.

512-732-1805
Page 34 Page 36
·1·
· · · · · · ·MR. BLAKE:··All right.··I want to talk some ·1·
·right now for recollection.
·2·
·more about your route back and forth, but I don't want ·2·
· ··Q.··You're good.··And if it's something you don't
·3·
·to take up too much time with some of the screen-sharing ·3·
·remember, that's fine, too.··Oops, I'm scrolling down
·4·
·things; so you've been doing good for about 35 minutes. ·4·
·here on accident.
·5·
·We're making really good progress in this; so let's take ·5·
· · · ··All right.··Now, I may not remember the exact
·6·
·a short break.··I'm going to try to move some of those ·6·
·every turn you took and what-not.··I guess my main
·7·
·pictures I have to a place where I can share them ·7·
·question is:··You didn't go across east to I-35 and then
·8·
·better, and then we can reconvene, quick bathroom break ·8·
·go south towards Austin; you-all went south on 195 until
·9·
·or whatever.··Let's take about five minutes.··All right? ·9·
·it met up with I-35 --
10·
·But we're making good progress. 10·
11·
· · · · · · ·THE WITNESS:··Thank you, sir. 11·
· ··Q.··-- is that correct?
12·
· · · · · · ·THE REPORTER:··We're off the record. 12·
13·
· · · · · · ·(Recess taken from 10:35 to 10:42 a.m.) 13·
· ··Q.··So you're confident that you-all did not go east
14·
· · · · · · ·We're back on the record. 14·
·to I-35 first?
15·
· ··A.··No, sir.··We didn't pass through Harker Heights.
16·
· ··Q.··All right.··Okay.··Ms. Foster, I think I've fixed 16·
· ··Q.··All right.··On the return trip did you-all take
17·
·my technical difficulties here. 17·
·the same route you came down on?
18·
· · · ··So you-all spent the evening of February 28th, 18·
19·
·2020 going from Killeen down to Austin and back to 19·
· ··Q.··So on the return trip you-all didn't head up I-35
20·
·Killeen again, correct? 20·
·north to Belton and then go west to Killeen, correct?
21·
· ··A.··Correct. 21·
· ··A.··No, sir.
22·
· ··Q.··All right.··Let's talk about the route you-all 22·
· ··Q.··You-all went up 35 to 195?
23·
·took, and to do that I want to show you a screenshot of 23·
24·
·the map.··All right? 24·
· ··Q.··And you-all proceeded into the Fort Hood-Killeen
25·
· ··A.··Okay. 25·
·area on 195?
Page 35 Page 37
·1·
· ··Q.··All right.··I'm going to share my screen with · ··A.··Yes, sir.
·1·
·2·
·you. · ··Q.··And were you-all heading -- when you-all were
·2·
·3·
· · · ··All right.··Do you see what I'm showing you here? ·heading back to Fort Hood-Killeen, were you going
·3·
·4·
·It's a screenshot of a map. ·straight home, were you-all going to get something to
·4·
·5·
· ··A.··Yes, I do. ·eat, were you going back to the base?··Where were
·5·
·6·
· ··Q.··All right.··And you see down here on this red ·you-all headed?
·6·
·7·
·dot, that's the Apple Store in the Domain in Austin, · ··A.··We were going back to -- back to the base.
·7·
·8·
·correct? · ··Q.··What were you going back to the base for?
·8·
·9·
· ··A.··Yes, sir. · ··A.··I needed to grab something out of my barracks
·9·
10·
· ··Q.··And I showed you a close-up of this Exhibit 1 ·room.
10·
11·
·earlier.··We're going to call this Exhibit 2. · ··Q.··Was it something you left there from during the
11·
12·
· · · · · · · · ·(Exhibit P-2 was marked.) ·field exercises?
12·
13·
· · · ··It's just a zoomed-out picture of where the Apple · ··A.··No.··I needed some more clothes.
13·
14·
·Store is located; is that correct? · ··Q.··So were you living on the base part-time, as
14·
15·
· ··A.··That's correct. ·well?
15·
16·
· ··Q.··All right.··So you-all were coming up here at the · ··A.··Yes, sir.··I still -- I was still issued a
16·
17·
·top of the screenshot, Fort Hood-Killeen area, correct? ·barracks room.
17·
18·
· ··A.··Yes, sir. · ··Q.··So you had a room on base at Fort Hood?
18·
19·
· ··Q.··Looking at this map, what route did you-all take · ··A.··Yes, sir.
19·
20·
·to get down to Austin? · ··Q.··And that's where you kept some of your personal
20·
21·
· ··A.··195. ·items and what-not?
21·
22·
· ··Q.··Okay.··So you-all came south on 195.··Probably · ··A.··Yes, sir.
22·
23·
·did you-all come down to I-35 at some point? · ··Q.··And then when you weren't staying in those
23·
24·
· ··A.··Probably.··I'm not really sure.··I mean like I ·barracks, you were staying on Panhandle Drive with Mr.
24·
25·
·say, I'm just looking at the screenshot that you have ·Clemons?
25·

512-732-1805
Page 38 Page 40
·1·
· ··A.··Yes, sir. ·1·
· ··Q.··What's the cross-street nearest this building?
·2·
· ··Q.··Did you-all go -- Had you-all made it back to ·2·
· ··A.··Battalion Avenue.
·3·
·Fort Hood before the collision? ·3·
· ··Q.··Okay.··So it's at 17th and Battalion Avenue?
·4·
· ··A.··No, sir. ·4·
·5·
· ··Q.··Okay.··So on the way to Fort Hood is when you-all ·5·
· ··Q.··All right.··I'm going to share my screen with you
·6·
·got in the collision? ·6·
·once again.
·7·
· ··A.··Yes, sir. ·7·
· · · ··All right.··Now, this is a map of Fort Hood.
·8·
· ··Q.··Did you-all make any other stops after you left ·8·
·I'll zoom out for you.··So Fort Hood is right here
·9·
·Austin before the collision? ·9·
·(indicating).··You see where I'm pointing --
10·
· ··A.··Maybe to a gas station, but otherwise, no, sir. 10·
11·
· ··Q.··Nothing major?··No major stops? 11·
· ··Q.··-- the mouse?
12·
· ··A.··No, sir. 12·
· · · ··All right.··So I'm zooming in, and I see
13·
· ··Q.··If you did stop at a gas station, was it a gas 13·
·Battalion Avenue.··Do you see that?
14·
·station in Austin or in Killeen or in between?··Where 14·
15·
·was it? 15·
· ··Q.··I'm going to zoom in a little farther, and I can
16·
· ··A.··It was probably in between Killeen and Austin, in 16·
·see 16th Street running north-south roughly across
17·
·between that area, getting closer to ... closer to the 17·
·Battalion Avenue; is that right?
18·
·Fort Hood area. 18·
19·
· ··Q.··All right.··Are you -- Do you recall stopping at 19·
· ··Q.··And I've got 19th Street over here running north-
20·
·a gas station, or are you just saying you might have? 20·
·south, roughly; is that correct?
21·
· ··A.··I'm just saying I might have.··I'm not sure, sir. 21·
22·
· ··Q.··All right.··But if it was, it was closer to 22·
· ··Q.··Is it Jimmy John's over here --
23·
·Killeen? 23·
24·
· ··A.··Yes, sir. 24·
· ··Q.··-- just off Battalion Avenue?
25·
· ··Q.··Where do you -- Where is your barracks located 25·
· · · ··Is your barracks roughly in this area
Page 39 Page 41
·1·
·out on Fort Hood? ·1·
·(indicating)?
·2·
· ··A.··On what they call the 3 CR side.··It's on main ·2·
· ··A.··So my apologies, sir.··My building that I live
·3·
·post, but it's toward the Warrior Way Gate and the ·3·
·in -- well, that I still have a barracks in, sir, so the
·4·
·Rancier Gate. ·4·
·building that they moved me to is on like 16th-17th
·5·
· ··Q.··All right.··I don't know very much at all about ·5·
·Street besides Starker, but the building I was in is
·6·
·Fort Hood, and I can find it on a map if I need to.··Is ·6·
·next to the facility that I work at, which is Roosevelt
·7·
·that on -- kind of directionally, north, south, east, ·7·
·DFAC, and then the building -- the barracks building is
·8·
·west, looking at the base, where is where you-all were ·8·
·literally across the street; so on 21st Street.··My
·9·
·headed?··What side of the base is it on? ·9·
·apologies.
10·
· ··A.··Fort Hood Street. 10·
· ··Q.··Okay.··You're totally fine.··That's why we're
11·
· ··Q.··Fort Hood Street.··All right.··Let me -- I'm 11·
·talking about this.
12·
·going to -- While we're talking I'm going to pull up a 12·
· · · ··So on February 28th, 2020 you lived in the
13·
·map of Fort Hood so we can maybe get a better look at 13·
·vicinity of the Theodore Roosevelt DFAC and 21st Street,
14·
·it. 14·
·correct?
15·
· · · ··Do you have an address for those -- that 15·
· ··A.··I spent most of my time on Panhandle, but I was
16·
·barracks? 16·
·issued a barracks room.
17·
· ··A.··Building 9211, 17th Street. 17·
· ··Q.··Sorry.··Let me clear up my question.
18·
· ··Q.··All right.··We'll see if I can find that.··Oh, 18·
· · · ··The barracks room that you were issued was
19·
·there's a lot of things that show up for that. 19·
·located just in the area of this Theodore Roosevelt DFAC
20·
· · · ··Okay.··So what -- It's on 17th Street in Fort 20·
·and 21st Street, correct?
21·
·Hood? 21·
22·
· ··A.··Mm-hmm.··Yes, sir. 22·
· ··Q.··And this is where you-all were headed back to
23·
· ··Q.··All right.··And is it -- it's just a barracks 23·
·after leaving the Domain in Austin on February 28th,
24·
·building like anything else? 24·
·2020, correct?
25·
· ··A.··Yes, sir. 25·

512-732-1805
Page 42 Page 44
·1·
· ··Q.··All right.··So I'm going to zoom out just a ·1·
·house so I could at least take a shower or attempt to
·2·
·little bit, and I'm going to take a quick screenshot of ·2·
·take a shower.
·3·
·this area.··We're going to call this Plaintiff's ·3·
· ··Q.··All right.··I'm going to show you another
·4·
·Exhibit 3. ·4·
·screenshot here.··So let's call this Plaintiff's
·5·
· · · ··And I'm sorry, Lorna.··I should have more clearly ·5·
·Exhibit 4.··It's another piece of the map.
·6·
·identified Plaintiff's Exhibit 2, which was that picture ·6·
· · · · · · · · ·(Exhibit P-4 was marked.)
·7·
·I showed her just a little bit earlier.··So 1 would be ·7·
· · · ··You'll see here in the middle, see "Killeen"
·8·
·the zoomed-in map showing the Apple Store, 2 would be ·8·
·right there in the dead center?
·9·
·the screenshot of the whole route from the Apple Store ·9·
10·
·in Austin up to Killeen and Fort Hood, and then 3 would 10·
· ··Q.··You'll see coming down here from the southern
11·
·be this screenshot of this area in Fort Hood. 11·
·portion of the map that's 195, correct?
12·
· · · · · · ·THE REPORTER:··Okay.··Thank you. 12·
13·
· · · · · · · · ·(Exhibit P-3 was marked.) 13·
· ··Q.··You'll see down here Stan Schlueter Loop crosses
14·
·195?
15·
· ··Q.··I'm just going to save this real quick so we 15·
16·
·don't lose it.··Hold on just one second. 16·
· ··Q.··And up here is Fort Hood, right?
17·
· · · ··All right, Ms. Foster.··So you-all were heading 17·
18·
·back the same route you came, up 195, back into Fort 18·
· ··Q.··And in fact, you can see at the top of this map
19·
·Hood, correct? 19·
·that's Battalion Avenue, correct?
20·
· ··A.··Yes, sir. 20·
21·
· ··Q.··And this entire time, to your recollection, Mr. 21·
· ··Q.··And so the Theodore Roosevelt DFAC area is
22·
·Clemons is not driving particularly fast.··He was 22·
·somewhere right around here, correct?
23·
·driving the speed limit? 23·
· ··A.··I can't really see it on the map, but --
24·
· ··A.··I'm sorry? 24·
· ··Q.··It's in Fort Hood, correct?
25·
· ··Q.··I said that in this entire time that Mr. Clemons 25·
Page 43 Page 45
·1·
·is driving back from Austin he's driving the speed ·1·
· ··Q.··Yeah.··And is it -- If you're going up into Fort
·2·
·limit, correct? ·2·
·Hood, are you crossing Battalion Avenue before you get
·3·
· ··A.··Yes, sir. ·3·
·to the Theodore Roosevelt DFAC?
·4·
· ··Q.··Not driving fast or not racing anybody? ·4·
·5·
· ··A.··No, sir. ·5·
· ··Q.··All right.··So it's above Battalion Avenue
·6·
· ··Q.··All right.··Now, before you-all can arrive back ·6·
·someplace?
·7·
·at Fort Hood there's a -- you-all are in the collision, ·7·
·8·
·correct? ·8·
· ··Q.··All right.··Let's just -- we don't have to get
·9·
· ··A.··Yes, sir. ·9·
·any more specific than that.
10·
· ··Q.··And that collision totaled Mr. Clemons' vehicle? 10·
· · · ··So you're coming up from Austin, and you are
11·
· ··A.··Yes, sir. 11·
·coming up 195 towards Fort Hood, correct?
12·
· ··Q.··And you were taken to the hospital following that 12·
13·
·collision? 13·
· ··Q.··Did you-all ever get off 195 before you got to
14·
· ··A.··Yes, sir. 14·
·Fort Hood or before you got to -- I'm sorry -- to
15·
· ··Q.··So that was really the end of the night, the 15·
·Highway 14 right here (indicating)?
16·
·collision, correct? 16·
· ··A.··I'm sorry.··Could you zoom in so I can see the
17·
· ··A.··Yes, sir. 17·
·street names?
18·
· ··Q.··SO you never made it back that night back to your 18·
· ··Q.··Sorry, I cannot -- not on this screenshot, I
19·
·barracks room at Fort Hood, right? 19·
·can't, but I can here in a second.
20·
· ··A.··No, sir. 20·
· ··A.··Okay.
21·
· ··Q.··How long were you in the hospital for? 21·
· ··Q.··I guess my point is you're coming up 195 heading
22·
· ··A.··Until maybe 4:00 or 5:00 a.m. 22·
·north towards Fort Hood, right?
23·
· ··Q.··And when you were released from the hospital, 23·
24·
·where did you go? 24·
· ··Q.··And Fort Hood is up here at the very north end of
25·
· ··A.··I went to ... I went to our nearest friend's 25·
·this screenshot, correct?

512-732-1805
Page 46 Page 48
·1·
· ··A.··Yes, sir. ·1·
·soldiers were saying that they wanted to go, and that's
·2·
· ··Q.··And it's kind of on the western side.··If north, ·2·
·just not something we wanted to be a part of.
·3·
·south, east, west is how this picture is aligned, if up ·3·
· ··Q.··Sure.··So why did you stop going exactly after
·4·
·is north and left is west, it's kind of in the upper ·4·
·you came back?
·5·
·left corner of this screenshot, correct? ·5·
· ··A.··I didn't feel the need to go out anymore.··I was
·6·
· ··A.··Yes, sir. ·6·
·in a relationship.
·7·
· ··Q.··And so if up is north and left is west, it's in ·7·
· ··Q.··You said it's known for drunk drivers.··Tell me
·8·
·the northwest corner of this map, right? ·8·
·about that.
·9·
· ··A.··Yes, sir. ·9·
· ··A.··The Fort Hood Street area, there are multiple
10·
· ··Q.··The collision you-all were in took place at the 10·
·clubs there, and it's known for people to drive drunk on
11·
·intersection of W.S. Young Drive and Elms Road, correct? 11·
·Fort Hood Street or around other clubs.··Whether you
12·
· ··A.··Yes, sir. 12·
·attend the clubs or not, you'll see people swerving when
13·
· ··Q.··All right.··And I'm going to -- Follow my mouse 13·
·they're driving, you'll see people ... I guess drinking
14·
·here; so here's Elms Road.··It's moving southeast across 14·
·outside, being belligerent.··Your soldiers will pretty
15·
·the map, Elms Road, and then right here where my mouse 15·
·much tell you everything, if that makes any sense.··So
16·
·is, that's where it intersects W.S. Young Drive, 16·
·whether you go there or not, you'll still hear the
17·
·correct? 17·
·stories about what happens.
18·
· ··A.··Yes, sir. 18·
· ··Q.··So Club Tabu and Starlite, those are well known
19·
· ··Q.··All right. 19·
·areas for people driving recklessly?
20·
· ··A.··I know when we came off 195 we had made a right 20·
21·
·turn on Stan Schlueter. 21·
· ··Q.··Sometimes they're drunk?
22·
· ··Q.··Why did you-all take a right turn on Stan 22·
· ··A.··Yes.
23·
·Schlueter? 23·
· ··Q.··Is that a place where street racing happens?
24·
· ··A.··We know that the Club Tabu has a history of 24·
· ··A.··I'm not sure.
25·
·having drunk drivers and the Ol Buck [phonetic] Lounge, 25·
· ··Q.··Are you aware of any kind of street racing
Page 47 Page 49
·1·
·and we just wanted to avoid that. ·1·
·culture in the Fort Hood area?
·2·
· ··Q.··So you-all are aware of Club Tabu? ·2·
· ··A.··No, sir.
·3·
· ··A.··(Nodding affirmatively.) ·3·
· ··Q.··Have you ever heard stories about soldiers street
·4·
· ··Q.··Is that a "yes"? ·4·
·racing?
·5·
· ··A.··Yes, sir. ·5·
· ··A.··Yes.
·6·
· ··Q.··What is Club Tabu? ·6·
· ··Q.··So you're aware that it does happen?
·7·
· ··A.··It's now called Starlite.··It's a nightclub. ·7·
· ··A.··I'm aware it does happen, but I'm not aware of
·8·
· ··Q.··Have you ever been there before? ·8·
·any specifics, sir.
·9·
· ··A.··I have. ·9·
· ··Q.··Have you ever known anybody who's been involved
10·
· ··Q.··How many times have you been there? 10·
·in a street race around the Killeen-Fort Hood area?
11·
· ··A.··Maybe four, but it was prior to deployment, and 11·
· ··A.··No, sir.
12·
·when I got back they had changed the name. 12·
· ··Q.··Have you ever heard of somebody at Killeen -- in
13·
· ··Q.··That's when you deployed to Syria, correct? 13·
·Killeen or Fort Hood getting ticketed or arrested for
14·
· ··A.··Yes, sir. 14·
·street racing?
15·
· ··Q.··And when they -- when you left it was called Club 15·
· ··A.··No, sir.
16·
·Tabu? 16·
· ··Q.··Have you ever heard of any street races that take
17·
· ··A.··Yes. 17·
·place around Club Tabu?
18·
· ··Q.··And when you came back it was called Club 18·
· ··A.··No, sir.
19·
·Starlite? 19·
· ··Q.··But you-all wanted to avoid Club Tabu on your way
20·
· ··A.··Yes. 20·
·home that night?
21·
· ··Q.··What about that club changed in that time? 21·
· ··A.··Yes.
22·
· ··A.··I didn't attend; so I went before, and I came 22·
· ··Q.··And you wanted to avoid it because you know there
23·
·back and I didn't go.··We noticed a lot of the -- Well, 23·
·are reckless drivers around that area?
24·
·where we're stationed at Fort Hood there are a lot of 24·
· ··A.··Yes.
25·
·young soldiers; so we noticed that a lot of young 25·
· ··Q.··I'm just making sure that's kind of what you were

512-732-1805
Page 50 Page 52
·1·
·telling me earlier. ·1·
· ··Q.··-- until you turn roughly north on W.S. Young
·2·
· ··A.··I was saying that there are a lot of hazards on ·2·
·Drive, correct?
·3·
·Fort Hood Street. ·3·
· ··A.··Yes.
·4·
· ··Q.··But where is Fort Hood Street? ·4·
· ··Q.··And you-all continue on W.S. Young Drive across
·5·
· ··A.··I'm sorry? ·5·
·Highway 190 --
·6·
· ··Q.··So we'll look at the map again here in a second, ·6·
·7·
·I suppose, but where is Fort Hood Street, roughly? ·7·
· ··Q.··-- north still across 190 Business, correct?
·8·
· ··A.··Coming right off 195.··195 turns into Fort Hood ·8·
·9·
·Street. ·9·
· ··Q.··All the way until you-all hit Rancier Avenue?
10·
· ··Q.··Well, where does that happen? 10·
11·
· ··A.··After ... after 14. 11·
· ··Q.··At which point you-all made kind of a left-hand
12·
· ··Q.··All right. 12·
·turn to go northwest along Rancier towards Fort Hood,
13·
· ··A.··At O Mart and Big Lots it's called Fort Hood 13·
·correct?
14·
·Street. 14·
· ··A.··Yeah.··We would have, yes, sir.
15·
· ··Q.··So you-all went out of your way to avoid the Club 15·
· ··Q.··And then you would have entered Fort Hood at the
16·
·Tabu area on February 28th, 2020, correct? 16·
·Rancier Gate?
17·
· ··A.··Yes, sir. 17·
18·
· ··Q.··And when I say "Club Tabu" I mean Starlite Club, 18·
· ··Q.··And proceeded to your barracks from there?
19·
·Tabu.··It's all the same building, right? 19·
20·
· ··A.··Yes, sir. 20·
· ··Q.··So you-all made a good size detour to get around
21·
· ··Q.··All right.··You-all were willing to make a longer 21·
·Club Tabu; is that right?
22·
·trip back to Fort Hood in order to avoid that area? 22·
· ··A.··Yes, sir, multiple clubs on Fort Hood Street.
23·
· ··A.··Yes, sir. 23·
· ··Q.··Multiple clubs on Fort Hood Street.··Because of
24·
· ··Q.··What was -- How were you-all planning to get back 24·
·the reckless driving that happens there?
25·
·to Fort Hood after you went right on Stan Schlueter off 25·
· ··A.··Yes, sir, the reckless driving and the alcohol
Page 51 Page 53
·1·
·of 195? ·1·
·abuse.
·2·
· ··A.··Are you asking for like directions? ·2·
· ··Q.··Is that worse on a Friday night than other times?
·3·
· ··Q.··Yeah.··How would you-all have gotten back to your ·3·
· ··A.··So we understood that coming out of a field
·4·
·barracks? ·4·
·problem or coming out of a process to where people were
·5·
· ··A.··We would have taken ... Give me a second. ·5·
·away from ... I want to say regular civilization for
·6·
· ··Q.··Sure, take your time. ·6·
·quite some time, people want to cut back, cut loose, go
·7·
· ··A.··... Stan Schlueter to W.S. Young and then W.S. ·7·
·out with friends, and some people don't drink
·8·
·Young all the way to Rancier, and then from Rancier we ·8·
·responsibly or act in a responsible manner.
·9·
·would continue to hit what is called the Rancier Gate. ·9·
· ··Q.··So is that a discussion you-all had, you know, on
10·
· ··Q.··All right.··So I'm going to use my mouse to kind 10·
·the way, prior to leaving Austin about the route you
11·
·of make sure I track the route.··So you-all are heading 11·
·were going to take to get back to the barracks?
12·
·up 195 from Austin, heading north, correct? 12·
· ··A.··No, sir.
13·
· ··A.··Yes. 13·
· ··Q.··Is it ever something that you-all discussed in
14·
· ··Q.··Then you head sort of, let's say southeast on 14·
·the vehicle on the trip back?
15·
·Stan Schlueter Loop where my mouse is tracking, correct? 15·
· ··A.··No, sir.
16·
· ··A.··Mm-hmm. 16·
· ··Q.··So were you confused when Mr. Clemons took a
17·
· ··Q.··And you're going on Stan Schlueter Loop all the 17·
·right on Stan Schlueter off of 195?
18·
·way up until it kind of turns north? 18·
· ··A.··No, sir.··I understood.
19·
· ··A.··No, sir. 19·
· ··Q.··You understood what he was doing?
20·
· ··Q.··I'm sorry.··W.S. Young Drive? 20·
21·
· ··A.··Yes, sir. 21·
· ··Q.··And you understood that it was about Club Tabu
22·
· ··Q.··I'm sorry.··I'll start over. 22·
·and Starlite?
23·
· · · ··So you come southeast on Stan Schlueter off of 23·
· ··A.··And multiple other clubs on Fort Hood Street, but
24·
·195 -- 24·
·yes, sir.
25·
· ··A.··Mm-hmm.··Yes, sir. 25·
· ··Q.··And multiple other clubs on Fort Hood Street.

512-732-1805
Page 54 Page 56
·1·
· · · ··And so about what time are you-all back in the ·1·
· · · · · · ·MS. DANIELS:··I didn't hear the last part of
·2·
·Fort Hood area?··Do you recall? ·2·
·your answer.··I apologize.
·3·
· ··A.··Maybe around 9:45, 9:30, sir, if I recall, ·3·
· · · · · · ·THE WITNESS:··We had made a left on Stan --
·4·
·somewhere around there. ·4·
·excuse me -- a left on W.S. Young and then went down the
·5·
· ··Q.··So it's a little bit later in the evening? ·5·
·hill on W.S. Young, and I just remember seeing lights
·6·
· ··A.··Yes, sir. ·6·
·right before the collision.
·7·
· ··Q.··And it's been a long week at the field trial ·7·
· · · · · · ·MS. DANIELS:··Thank you.
·8·
·exercises, right? ·8·
·BY MR. BLAKE:
·9·
· ··A.··Yes, sir. ·9·
· ··Q.··So it's your testimony that there was a car
10·
· ··Q.··And you're going to run to your barracks at Fort 10·
·changing lanes behind you that you noticed?
11·
·Hood, grab some clothes, and then you're going to head 11·
12·
·back to Panhandle Drive; is that correct? 12·
· ··Q.··You-all noticed that vehicle and wanted to avoid
13·
· ··A.··Yes. 13·
·it, correct?
14·
· ··Q.··Or were you planning on staying in your barracks 14·
15·
·that night? 15·
· ··Q.··Did you first see this vehicle that you wanted to
16·
· ··A.··I planned on staying at Panhandle, sir. 16·
·avoid on 195 or on Stan Schlueter?
17·
· ··Q.··So you-all were going to grab the clothes and 17·
· ··A.··On 195.
18·
·then head back to Panhandle, correct? 18·
· ··Q.··Okay.··Were they also heading north on 195?
19·
· ··A.··Yes, sir. 19·
· ··A.··Is north the route that we were going?
20·
· ··Q.··But of course, going back to you-all's route, 20·
· ··Q.··From Austin to Fort Hood, that general north
21·
·after you turned left on W.S. Young Drive from Stan 21·
·direction.
22·
·Schlueter, the collision occurred pretty quickly after 22·
· ··A.··Yes.
23·
·that, correct? 23·
· ··Q.··They weren't on the opposite side of 195,
24·
· ··A.··Yes, sir. 24·
·correct?
25·
· ··Q.··All right.··Let's talk about that collision, but 25·
· ··A.··No, sir.··They were directly behind us.
Page 55 Page 57
·1·
·first I want to -- Well, I want to hear, I guess tell me ·1·
· ··Q.··Directly behind you.··So they were heading the
·2·
·in your own words how did that collision happen?··And ·2·
·same direction you-all were heading?
·3·
·we'll break it down after I hear from you on that. ·3·
·4·
· ··A.··So I guess I'm asking, the question is at what ·4·
· ··Q.··And you-all were heading from Austin to Fort Hood
·5·
·point would you like for me to go back to, to tell you ·5·
·going north on 195?
·6·
·about the collision? ·6·
·7·
· ··Q.··Let me say when was the first -- Did you notice ·7·
· ··Q.··When did you first notice them?
·8·
·anything strange on the road when you got off of 195? ·8·
· ··A.··I want to say around -- it wasn't -- it wasn't
·9·
· ··A.··We noticed that there was a vehicle changing ·9·
·too far into -- Let me think.
10·
·lanes as we changed lanes, and we know that sometimes, 10·
· ··Q.··You're good.
11·
·you know, a car so happens to be on the same route as 11·
· ··A.··It was either turning onto 195 coming from
12·
·you; so we proceeded to change lanes to see if they were 12·
·Austin, the Killeen/Florence exit, or it was after
13·
·following us, if that makes any sense.··And they did. 13·
·passing the Florence exit itself.
14·
·So -- which is one of the reasons aside from, you know, 14·
· ··Q.··When you say the Killeen/Florence exit onto 195,
15·
·me going to get clothes on Fort Hood was the reason that 15·
·is that from I-35?
16·
·we turned on Stan Schlueter, as well. 16·
· ··A.··Could I see the map and show you exactly, sir?
17·
· · · ··So we made a right on Stan Schlueter, and from 17·
· ··Q.··Yes.··I'd be glad to show you the map.
18·
·Stan Schlueter we went to a left on ... I believe it's 18·
· · · ··All right.··Here's a map.··I'll zoom out a lot.
19·
·W.S. Young, and then from W.S. Young we're going down 19·
·So there's Austin, right?
20·
·the hill, and I just remember seeing lights. 20·
21·
· ··Q.··I want to hear about this car that you-all saw. 21·
· ··Q.··There's I-35 and where 195 and I-35 split.··Up
22·
·What kind of car was it that you're talking about? 22·
·here is Killeen.··I'll zoom in a little bit more.
23·
· · · · · · ·MS. DANIELS:··The last part, I didn't hear 23·
·There's Florence.
24·
·it. 24·
· · · ··So when you say the Killeen/Florence exit, where
25·
· · · · · · ·THE WITNESS:··I'm sorry? 25·
·are you talking about on 195?

512-732-1805
Page 58 Page 60
·1·
· ··A.··So coming off of 35, to get off of 35 to go to ·1·
·Florence, correct?
·2·
·195 there's a Killeen/Florence exit. ·2·
·3·
· ··Q.··And you may have noticed this other vehicle that ·3·
· ··Q.··And they continued with you from Florence all the
·4·
·was changing lanes as early as this exit off of I-35? ·4·
·way up to the Stan Schlueter Loop near Killeen.··They
·5·
· ··A.··Well, no, sir.··Directly -- either it was coming ·5·
·exited 195 on Stan Schlueter going east, and that's a
·6·
·off of this 35 exit, or it was passing Florence.··I'm ·6·
·right off of 195 North.··How long were they behind you
·7·
·not sure exactly which one. ·7·
·before the collision?
·8·
· · · ··But like I said, so we assumed that, you know, ·8·
· ··A.··Up until the collision, sir.
·9·
·sometimes cars take the same route that you do going ·9·
· ··Q.··Were they involved in the collision?
10·
·places, if that makes sense. 10·
· ··A.··I'm not -- I'm not sure.··Like I said, we were
11·
· ··Q.··Yeah, it does make sense. 11·
·going down the hill.··The only thing I remember is
12·
· · · ··So you had seen this vehicle -- you had been 12·
·seeing lights in front of me.··I wasn't aware of who was
13·
·around them for quite some time coming up to the Stan 13·
·behind me at that moment in time.
14·
·Schlueter Loop in Killeen? 14·
· ··Q.··All right.··The collision itself involved you-all
15·
· ··A.··Yes, sir. 15·
·hitting ... and I say "you-all" ... I mean Mr. Clemons'
16·
· ··Q.··What kind of vehicle are we talking about here? 16·
·vehicle with you inside of it, colliding with another
17·
· ··A.··I'm not sure.··I just saw headlights, sir. 17·
·vehicle in the intersection, correct?
18·
· ··Q.··You don't know if it was a car or a truck? 18·
19·
· ··A.··No, sir. 19·
· ··Q.··And the other vehicle you collided with was a
20·
· ··Q.··You don't know if it was an SUV? 20·
·Dodge Journey, correct?
21·
· ··A.··No, sir.··I just saw headlights. 21·
· ··A.··Sir, from the time that I saw the headlights I
22·
· ··Q.··And these headlights were just changing lanes 22·
·saw nothing else after; so I hit the headlight -- or I
23·
·behind you? 23·
·remember seeing the headlights, and then from the point
24·
· ··A.··Yes, sir. 24·
·of the windshield being shattered I couldn't see
25·
· ··Q.··Did they ever pass you? 25·
·anything out of that, and then directly after the
Page 59 Page 61
·1·
· ··A.··No, sir. ·1·
·windshield was shattered the paramedics had to get me
·2·
· ··Q.··Were they directly behind you the whole time? ·2·
·out of the vehicle.··And from that time I was sitting
·3·
· ··A.··Yes, sir. ·3·
·upright with a shattered mirror -- or shattered window,
·4·
· ··Q.··Do you think they were following you or just ·4·
·not being able to see out of it or around me.··I
·5·
·taking the same route? ·5·
·couldn't turn my neck.
·6·
· ··A.··I'm not sure.··I'm still not really sure. ·6·
· · · ··They put the neck brace on, and then I was put
·7·
· ··Q.··If you stopped at a gas station in Killeen, did ·7·
·onto the stretcher.··So from the time of up until the
·8·
·they stop, too? ·8·
·headlights until after, I saw nothing but the inside of
·9·
· ··A.··Not sure, sir. ·9·
·--
10·
· ··Q.··So if you stopped at a gas station in Killeen, 10·
· ··Q.··If you --
11·
·was that before you got to the Stan Schlueter Loop or 11·
· ··A.··-- the vehicle.
12·
·afterwards? 12·
· ··Q.··I apologize.
13·
· ··A.··It would have been before we got to Stan 13·
· · · ··When you're talking about the "headlights", you
14·
·Schlueter. 14·
·mean the car that Mr. Clemons' vehicle struck, correct?
15·
· ··Q.··So if you stopped at that gas station and then 15·
16·
·got back on 195 and then got off on Stan Schlueter, were 16·
· ··Q.··So when you're saying "From the time I saw the
17·
·those people with you that entire time? 17·
·headlights", that means from the time you saw the
18·
· ··A.··If we would have stopped at a gas station, then 18·
·vehicle that you and Mr. Clemons hit, correct?
19·
·yes, sir. 19·
· ··A.··I'm not sure if it was the vehicle that Mr.
20·
· ··Q.··When you-all exited 195 onto Stan Schlueter, did 20·
·Clemons hit that I saw the headlights or if there was a
21·
·that car you were trying to avoid also exit? 21·
·vehicle in front of him.··I just remember going down the
22·
· ··A.··When we turned on Stan Schlueter, sir? 22·
·hill and seeing lights in my face, and that was all that
23·
· ··Q.··Yes, ma'am. 23·
·I remember of that incident before being in -- being cut
24·
· ··A.··Yes, sir. 24·
·out of the seat-belt and given some care by the
25·
· ··Q.··So they had been with you since at least 25·
·paramedics.

512-732-1805
Page 62 Page 64
·1·
· ··Q.··These headlights that you remember seeing coming ·1·
·us, yes, sir.
·2·
·down the hill, they were coming towards you, correct? ·2·
· ··Q.··So that vehicle, whoever it was, they saw you
·3·
· ··A.··As I was coming down the hill they were coming ·3·
·because they were driving behind you; so they were able
·4·
·towards me, yes, sir. ·4·
·to follow you from Florence all the way to the site of
·5·
· ··Q.··So they were headed the opposite direction ·5·
·the collision, correct?
·6·
·you-all were heading? ·6·
·7·
· ··A.··Yes, sir. ·7·
· ··Q.··Was that about a 30-minute time period?
·8·
· ··Q.··And you went through an intersection.··That's ·8·
· ··A.··Roughly, sir.
·9·
·where the collision occurred, correct? ·9·
· ··Q.··And again, just to be clear, you-all got off of
10·
· ··A.··I saw the lights as we were coming up to -- yes, 10·
·195 onto Stan Schlueter.··Was it because of those
11·
·to the intersection, directly through the intersection. 11·
·headlights, or was it because of Club Tabu?
12·
·I recall seeing the stoplight above me and then 12·
· ··A.··It was both.··It was a duality of both, sir.
13·
·headlights. 13·
· ··Q.··But that's not a discussion that you and Mr.
14·
· ··Q.··All right.··And those headlights again are facing 14·
·Clemons had out loud?
15·
·you.··The car is coming towards you? 15·
· ··A.··No, sir.
16·
· ··A.··Yes, sir. 16·
· ··Q.··So how do you know that's why he took that exit?
17·
· ··Q.··But from around at least the time you-all went 17·
· ··A.··Whenever we would travel different places or we
18·
·through Florence there was another set of headlights 18·
·would go back to Post, we would always take that route.
19·
·that you remember that were behind you, correct? 19·
·We would never go straight through -- I guess we'd never
20·
· ··A.··Yes, sir. 20·
·go straight through Fort Hood Street.
21·
· ··Q.··And those same headlights were with you-all for 21·
· · · ··I recall that one time we were on a date and we
22·
·quite some time? 22·
·had -- I believe we were going to McDonald's to grab
23·
· ··A.··Yes, sir. 23·
·something to eat before we went somewhere else, maybe a
24·
· ··Q.··And it was the same vehicle from Florence all the 24·
·friend's house, and we avoided Fort Hood Street for the
25·
·way until you got off onto Stan Schlueter off of 195, 25·
·same reason.··We saw someone swerving coming through the
Page 63 Page 65
·1·
·correct? ·1·
·light passing, I believe Central Texas Expressway.··We
·2·
· ··A.··Yes, sir. ·2·
·saw them swerving pretty hard, and we both looked at
·3·
· ··Q.··You're sure it was the same vehicle? ·3·
·each other, and from then on -- and this was much, much
·4·
· ··A.··Yes, sir. ·4·
·prior.··This was directly after we got back from
·5·
· ··Q.··And that same vehicle that was behind you was ·5·
·deployment, maybe around March timeframe of that same
·6·
·with you on Stan Schlueter all the way until you turned ·6·
·year in 2019, 2019 in March.··And then from then on we
·7·
·left on W.S. Young Drive off of Stan Schlueter, correct? ·7·
·never really took Fort Hood Street.
·8·
· ··A.··When you say "with", you mean behind? ·8·
· · · ··So it was -- I guess it was common knowledge for
·9·
· ··Q.··Behind you, yes. ·9·
·both of us to know the reason as to why we didn't want
10·
· ··A.··Yes, sir. 10·
·to take this street.
11·
· ··Q.··You were seeing those same headlights from that 11·
· ··Q.··And was that a practice other people that you
12·
·same vehicle? 12·
·lived around -- was it a habit they had, as well,
13·
· ··A.··Yes, sir. 13·
·avoiding Fort Hood Street because of reckless drivers?
14·
· ··Q.··And you aren't sure what kind of vehicle it was, 14·
· ··A.··I think it's a habit of a lot of people that are
15·
·but you know you saw the headlights? 15·
·stationed at Fort Hood.··They don't really take Fort
16·
· ··A.··Yes, sir. 16·
·Hood Street after a certain time.
17·
· ··Q.··And those headlights followed behind you onto 17·
· ··Q.··Is it a well known risk of reckless drivers
18·
·W.S. Young Drive heading north, correct? 18·
·around Fort Hood Street?
19·
· ··A.··Yes, sir. 19·
· ··A.··Yes.
20·
· ··Q.··And they were with you until you saw the 20·
· ··Q.··Specifically at Club Tabu or the Starlite Lounge
21·
·headlights coming towards you when the collision took 21·
·and the other nightclubs on Fort Hood Street?
22·
·place, correct? 22·
23·
· ··A.··I can't say until, because I'm not sure what 23·
· ··Q.··All right.··So you don't really know what
24·
·happened after the collision, but up and to the point 24·
·happened in the collision after you saw the headlights,
25·
·that I saw the headlights I do recall seeing them behind 25·
·correct?

512-732-1805
Page 66 Page 68
·1·
· ··A.··No, sir. ·1·
· ··Q.··Did Mr. Clemons know them?
·2·
· ··Q.··What is your next memory after the collision? ·2·
· ··A.··No, sir.
·3·
· ··A.··The hospital.··The paramedics, the drive to the ·3·
· ··Q.··Had he had any kind of communication with them
·4·
·hospital.··I wasn't aware of what hospital I was going ·4·
·prior to the collision?
·5·
·to until I guess we almost got there, and then I asked ·5·
· ··A.··No, sir.
·6·
·where I was going.··And then the hospital itself. ·6·
· ··Q.··Do you know what kind of car they drove?
·7·
· ··Q.··You mentioned earlier being cut out of your ·7·
· ··A.··No, sir.
·8·
·seat-belt.··Do you remember that process? ·8·
· ··Q.··Have you learned since the collision what kind of
·9·
· ··A.··I remember the -- I remember ... I remember the ·9·
·car they drove?
10·
·collision.··I remember getting hit.··I remember it being 10·
11·
·hard to breathe.··I remember reaching over to Mr. 11·
· ··Q.··What kind of car were they in?
12·
·Clemons and asking him to help me. 12·
· ··A.··A minivan, sir?
13·
· · · ··I remember the paramedics asking me if I could 13·
· ··Q.··I'm talking about the Mayhans, not the folks that
14·
·move my knees or my legs or what hurt.··I remember them 14·
·you-all collided with but the Mayhans who were in
15·
·giving me some type of medication through an IV in my 15·
·another car.
16·
·arm. 16·
· ··A.··No, sir.··I'm not sure.
17·
· · · ··I remember the investigating officer asking me 17·
· ··Q.··Let's talk about the crash report a little bit.
18·
·why the music was so loud.··I'm not sure why he didn't 18·
· · · ··All right.··Have you seen a copy of the crash
19·
·ask me that while I was in the vehicle, but he did.··And 19·
·report in this case?
20·
·then I remember being, you know, I guess cut out of the 20·
· ··A.··I have, sir.
21·
·seat-belt.··I know they had to cut the back door off to 21·
· ··Q.··I believe you produced a copy of the crash report
22·
·try to lower the seat to get me on the stretcher, and I 22·
·to us in discovery, correct?
23·
·was in excruciating pain, and I remember being in the 23·
24·
·ambulance. 24·
· ··Q.··I want to show you ... I think this will be
25·
· ··Q.··Did you ever see the other car that you-all hit? 25·
·Plaintiff's Exhibit 5, Lorna.
Page 67 Page 69
·1·
· ··A.··No, sir. ·1·
· · · · · · · · ·(Exhibit P-5 was marked.)
·2·
· ··Q.··Do you know now how many people were inside that ·2·
· · · ··It's an unredacted copy of the crash report; so
·3·
·car? ·3·
·it's just a copy of the crash report we got from the
·4·
· ··A.··I know some children and then maybe two-three ·4·
·Department of Public Safety.··All right?
·5·
·adults, sir. ·5·
·6·
· ··Q.··Do you know who -- And you understand that those ·6·
· ··Q.··Okay.··All right.··Can you see it on my screen?
·7·
·people inside that car, those are the plaintiffs in this ·7·
· ··A.··No, sir -- yes, sir.
·8·
·lawsuit, correct? ·8·
· ··Q.··All right.··I'm going to scroll up.··See up at
·9·
· ··A.··Yes, I do understand that. ·9·
·the top it says "Texas Peace Officer's Crash Report"?
10·
· ··Q.··That's who I represent. 10·
11·
· ··A.··Yes, sir. 11·
· ··Q.··See that?
12·
· ··Q.··And you understand that they had some pretty bad 12·
13·
·injuries in that vehicle following the collision, 13·
· ··Q.··All right.··And over here it's got a "Crash
14·
·correct? 14·
·Date":··February 28, 2020, correct?
15·
· ··A.··Yes, sir. 15·
16·
· ··Q.··Do you know who Fredrick and Tracey Mayhan are? 16·
· ··Q.··And that's the correct date of the collision
17·
· ··A.··No, sir. 17·
·we've been discussing?
18·
· ··Q.··Do you recognize those names as defendants in 18·
19·
·this lawsuit? 19·
· ··Q.··The crash time has "2137", and that's military
20·
· ··A.··I recognize their names from the paperwork that 20·
·time, right?
21·
·I've read, yes, sir. 21·
· ··A.··Mm-hmm.··Yes, sir.
22·
· ··Q.··Had you ever met those people before? 22·
· ··Q.··What time is that?
23·
· ··A.··No, sir. 23·
· ··A.··Ooh, that is ... I'm not sure.
24·
· ··Q.··Had you ever heard of them before? 24·
· ··Q.··Is it 9:37, I think?
25·
· ··A.··No, sir. 25·
· ··A.··Just about.··I usually have to do the conversion.

512-732-1805
Page 70 Page 72
·1·
·I'm not even going to act like I know.··I usually like ·1·
·2·
·change the date and time on my phone to look at the time ·2·
· ··Q.··This is the third vehicle involved, and it was a
·3·
·and then change it back to military time. ·3·
·2015 silver Dodge Journey.··Do you see that?
·4·
· ··Q.··I'll represent to you that's 9:37.··Does that ·4·
·5·
·sound about right? ·5·
· ··Q.··And in this vehicle was Adrian Garza, who's here
·6·
· ··A.··Yes, sir. ·6·
·on the Zoom call.
·7·
· ··Q.··All right.··We have -- Let me make sure.··The ·7·
· ··A.··Okay.
·8·
·first unit, Unit Number 1 over here, see where I'm ·8·
· ··Q.··Ilia Fuentes, Aili Godinez, Genesis Fuentes ...
·9·
·pointing with my mouse? ·9·
·and we're going to go down here farther because there's
10·
· ··A.··Yes, sir. 10·
·more names than would fit ... Isabel Martinez, Alisia
11·
· ··Q.··All right.··That's a 2017 silver Dodge Charger, 11·
·Garza, and Adrian Garza, Jr.; is that right?
12·
·correct? 12·
· ··A.··Yes, sir.··That's what it says.
13·
· ··A.··Yes, sir. 13·
· ··Q.··So there was ... you can see seven people in that
14·
· ··Q.··And in that is -- in that vehicle is Cequil 14·
·vehicle, correct?
15·
·Clemons, correct? 15·
16·
· ··A.··Yes, sir. 16·
· ··Q.··So from what you see on this crash report -- and
17·
· ··Q.··And you, Isis Foster, right? 17·
·you understand the crash report is created by the
18·
· ··A.··Yes, sir. 18·
·officers who responded to the crash, correct?
19·
· ··Q.··Okay.··So you understand that car in this crash 19·
20·
·report is referred to as "Unit 1".··All right? 20·
· ··Q.··So there was three units involved in the
21·
· ··A.··Yes, sir. 21·
·accident.··You understand that?
22·
· ··Q.··Okay.··I'm going to go down here to Unit 2.··All 22·
23·
·right?··See where I'm pointing with my mouse here, Unit 23·
· ··Q.··We have Unit 1, which was you and Mr. Clemons;
24·
·2, about halfway down the page? 24·
·Unit 2, which was the Mayhans; and Unit 3, which was
25·
· ··A.··Yes, sir. 25·
·seven people who are all my clients, correct?
Page 71 Page 73
·1·
· ··Q.··All right.··That's a 2015 black Mercedes-Benz S ·1·
·2·
·Class; is that right? ·2·
· ··Q.··All right.··I want to look at the diagram that
·3·
· ··A.··That's what it says, yes, sir. ·3·
·the officers created for us real quick.··All right?
·4·
· ··Q.··All right.··And that was driven by Fredrick ·4·
·5·
·Mayhan, correct? ·5·
· ··Q.··They show, you can see here Unit 1 in the far
·6·
· ··A.··That's what it says; yes, sir. ·6·
·right lane.··All right?
·7·
· ··Q.··And also riding in that car was Tracey Mahan; is ·7·
·8·
·that correct? ·8·
· ··Q.··And they're heading north ... you see the compass
·9·
· ··A.··Yes, sir. ·9·
·rose here ... north on W.S. Young Drive, just like you
10·
· ··Q.··All right.··I'm going to keep scrolling down 10·
·said you-all were doing, right?
11·
·here. 11·
12·
· · · ··Now, when that crash occurred, it was not raining 12·
· ··Q.··Were you-all in the far right lane going into
13·
·or sleeting or anything like that, correct? 13·
·that intersection?
14·
· ··A.··No, sir. 14·
· ··A.··I believe so, sir.
15·
· ··Q.··All right.··It was a clear evening? 15·
· ··Q.··Okay.··And it shows Unit 2, which is the Mayhans,
16·
· ··A.··I'm sorry? 16·
·right next to you-all.··Do you recall that?
17·
· ··Q.··It was a clear evening, no rain or fog or 17·
· ··A.··No, sir.··I don't recall a car being there, sir.
18·
·anything like that? 18·
· ··Q.··All right.··And you'll see the way they draw
19·
· ··A.··No, sir. 19·
·these is they have a couple of different stages of the
20·
· ··Q.··And you-all's vision was not obstructed in any 20·
·collision shown, right?
21·
·way, correct? 21·
22·
· ··A.··No, sir. 22·
· ··Q.··So we've got Unit 1 and Unit 2 right here going
23·
· ··Q.··All right.··I'm going to scroll down a little bit 23·
·north on W.S. Young into the intersection.··All right?
24·
·farther here where it says "Unit Number 3".··Do you see 24·
25·
·that? 25·
· ··Q.··And then here you see Unit 1 and Unit 2 involved

512-732-1805
Page 74 Page 76
·1·
·in a collision with Unit 3 right here, correct? ·1·
·before we look at the narrative.··So just -- but we'll
·2·
· ··A.··Yes, sir. ·2·
·get to the narrative in a second.
·3·
· ··Q.··So Unit 3 looks like it's actually making a left ·3·
· · · ··From the diagram, what you're seeing, is there
·4·
·turn onto Elms Road, correct? ·4·
·anything you disagree with?
·5·
· ··A.··Yes, sir. ·5·
· ··A.··Is it okay if I walk you through the diagram just
·6·
· ··Q.··So they're headed -- their car, when the ·6·
·to make sure that I understand what it says?
·7·
·collision occurs, is trying to head east on Elms Road, ·7·
· ··Q.··Of course.
·8·
·correct?··And the officers have depicted it where ·8·
· ··A.··Okay.··So the diagram is stating that ... correct
·9·
·they're coming through the intersection, heading east on ·9·
·me if I'm wrong ... is that Unit 1 is coming through the
10·
·Elms Road, right? 10·
·intersection where it strikes Unit 3, who is making a
11·
· ··A.··Yes, sir. 11·
·turn on Elms, and Unit 3 is slid into what you say is a
12·
· ··Q.··And then it shows from the collision a couple of 12·
·light pole.··It says "pole" there.··And then Unit 1
13·
·arrows.··It shows Unit 3, after the collision occurs, 13·
·slides into the other side of the intersection on W.S.
14·
·heading into a light pole on the northeast corner of the 14·
·Young.
15·
·intersection, correct? 15·
· ··Q.··Yes.
16·
· ··A.··Well, that pole, call it a "light pole"; it says 16·
· ··A.··Okay.··Other than Unit 2 being directly beside
17·
·"Pole". 17·
·the vehicle that I was in, which was Unit 1, there's
18·
· ··Q.··It shows a pole, yeah.··I'll represent to you 18·
·nothing else that I see wrong on the diagram.
19·
·that's a light pole.··All right? 19·
· ··Q.··We've talked about this car that was behind you
20·
· · · ··And then it shows Unit 1 continuing through the 20·
·since at least Florence, Texas.
21·
·intersection and coming to a stop on the north side of 21·
22·
·the intersection, correct? 22·
· ··Q.··You have no reason to believe that was the
23·
· ··A.··When you say "continuing", do you mean like 23·
·Mayhans' vehicle, correct?
24·
·driving through, or I guess -- 24·
· ··A.··No, sir.
25·
· ··Q.··Sliding. 25·
· ··Q.··You don't know that it wasn't the Mayhans'
Page 75 Page 77
·1·
· ··A.··Okay. ·1·
·vehicle; you just don't know, correct?
·2·
· ··Q.··You can see here in the description this last ·2·
· ··A.··I'm just not sure, at all.
·3·
·sentence: ·3·
· ··Q.··Now, you told us that when you were entering that
·4·
· · · ··"Unit 1 stopped rotating and came to rest in the ·4·
·intersection all you can remember about the collision is
·5·
· · · ··southbound center turn lane on W.S. Young just ·5·
·that you saw headlights, and that was the last thing you
·6·
· · · ··north ..." and then it cuts off there, but do you ·6·
·remember before the collision, correct?
·7·
·see that sentence I'm referring to? ·7·
·8·
· ··A.··Yes, sir. ·8·
· ··Q.··You don't remember anything else about that
·9·
· ··Q.··So it's saying that Unit 1, your vehicle, rotated ·9·
·intersection at the time of the collision?
10·
·and then came to a stop in the center lane just north of 10·
· ··A.··I remember -- like I said, I remember seeing the
11·
·the intersection, correct? 11·
·light above us.··I know that -- I mean stoplight.··When
12·
· ··A.··Yes, sir. 12·
·I say "the light above us", I mean the stoplight.··I
13·
· ··Q.··And that's what's shown on this diagram, correct? 13·
·know that our stoplight was green, but after me looking
14·
· ··A.··Yes, sir. 14·
·up to see if it was green, looking directly down or
15·
· ··Q.··So from what you're seeing in this diagram, from 15·
·looking directly in my line of sight, the only thing I
16·
·your account of what you gave us earlier, are you seeing 16·
·saw was headlights coming towards us, and after that I
17·
·anything on this diagram that you do not agree with? 17·
·don't remember.··I didn't get to see any of the vehicles
18·
· ··A.··The Unit 2 being next to Unit 1.··There was no 18·
·because of the crushed windshield, and I didn't get to
19·
·one beside us. 19·
·see the scene because directly after me getting taken
20·
· ··Q.··Other than that, is there anything in here that 20·
·out of the crushed vehicle I was laid on my back on the
21·
·you have disagreements with? 21·
·stretcher.
22·
· ··A.··Can I read this on the side -- 22·
· ··Q.··So you're confident the light was green when
23·
· ··Q.··Yeah, of course. 23·
·you-all entered the intersection, correct?
24·
· ··A.··-- or are you asking about just the diagram? 24·
· ··A.··Yes.
25·
· ··Q.··Well, I wanted to talk about the diagram first 25·
· ··Q.··Do you remember anything else about the car that

512-732-1805
Page 78 Page 80
·1·
·you-all struck? ·1·
·difference between 35 miles an hour and, let's say 50
·2·
· ··A.··No, sir. ·2·
·miles an hour, correct?
·3·
· ··Q.··Do you think that -- I apologize.··Go ahead. ·3·
·4·
· ··A.··I didn't know what vehicle we had struck or ·4·
· ··Q.··You've been in cars long enough to know the
·5·
·anything of the sort until the report, until we got the ·5·
·difference?
·6·
·information from, I guess their lawyers that we were ·6·
· ··A.··Yes, sir.··Some cars are different to where
·7·
·being sued. ·7·
·sometimes you can't really tell, but yes, sir.
·8·
· ··Q.··Do you believe they were doing anything improper ·8·
· ··Q.··Was his Dodge Charger one of those cars that was
·9·
·by being in the intersection? ·9·
·different?
10·
· ··A.··I can't say.··Like I said, all I know is that our 10·
· ··A.··Yes.··Yes.
11·
·light was green; so I'm not sure what their light was. 11·
· ··Q.··So being in his Dodge Charger, you couldn't
12·
·It was a split second that I looked up and down; so no, 12·
·really feel how fast you were going?
13·
·sir, I couldn't say. 13·
· ··A.··I knew that he was going about the speed limit.
14·
· ··Q.··So you can't really say whether they were going 14·
·He doesn't make it a habit or he's not a fast moving
15·
·slow or going fast? 15·
·person.
16·
· ··A.··No, sir. 16·
· ··Q.··His car was totaled in that collision, correct?
17·
· ··Q.··You don't know if they stopped properly or were 17·
· ··A.··His car, yes, sir.
18·
·going through what they had -- what color light they 18·
· ··Q.··I mean you had to get cut out of it, right?
19·
·might have had.··You don't know whether they did 19·
20·
·anything wrong is what I'm saying? 20·
· ··Q.··It was pretty banged up?
21·
· ··A.··No, sir. 21·
22·
· ··Q.··And you don't know if they broke any traffic laws 22·
· ··Q.··It was towed from the scene?
23·
·by being in that intersection? 23·
· ··A.··I wouldn't know.··I left the scene before the
24·
· ··A.··No, sir. 24·
·cleanup, sir.
25·
· ··Q.··You don't know the circumstances that put them in 25·
· ··Q.··Did you ever ride in that vehicle ever again
Page 79 Page 81
·1·
·that intersection, correct? ·1·
·after the collision?
·2·
· ··A.··No, sir. ·2·
· ··A.··No, sir.
·3·
· ··Q.··You're not even sure which street they were ·3·
· ··Q.··That was in February of 2020, and you-all didn't
·4·
·coming off of to be there, correct? ·4·
·break up until October, correct?
·5·
· ··A.··No, sir. ·5·
·6·
· ··Q.··All you saw was your green light and then their ·6·
· ··Q.··And you resided with him at the Panhandle address
·7·
·headlights, correct? ·7·
·until October, correct?
·8·
· ··A.··Yes, sir. ·8·
·9·
· ··Q.··And I think you said it was a split second in ·9·
· ··Q.··And so in that next almost six months you never
10·
·between seeing them and the collision? 10·
·rode in the vehicle again, in the Dodge Charger again?
11·
· ··A.··Yes, sir. 11·
· ··A.··No, sir.
12·
· ··Q.··At the time of the collision, was Mr. Clemons 12·
· ··Q.··Did you ever see it again?
13·
·going the speed limit? 13·
· ··A.··No, sir.
14·
· ··A.··Yes, sir. 14·
· ··Q.··So it was totaled -- it was not drivable after
15·
· ··Q.··What is the speed limit on that road? 15·
·the accident?
16·
· ··A.··I believe it's 35. 16·
· ··A.··No, sir.
17·
· ··Q.··So it's your testimony today that Mr. Clemons was 17·
· ··Q.··He never got it back?
18·
·going about 35 miles an hour at the time of the 18·
· ··A.··No, sir.
19·
·collision? 19·
· ··Q.··It was too damaged?
20·
· ··A.··Yes, sir. 20·
· ··A.··I'm not sure why he didn't get it back, but he
21·
· ··Q.··He wasn't going any faster than 35 miles an hour? 21·
·didn't receive it back, sir.
22·
· ··A.··Not that I recall, sir.··I also wasn't looking at 22·
· ··Q.··All right.··He was driving fast enough to really
23·
·his speedometer, sir.··I wasn't paying attention to it, 23·
·wreck that car pretty hard, wasn't he?
24·
·sir. 24·
· ··A.··I'm not sure how fast he was going, sir, but at
25·
· ··Q.··Sure.··But you would be able to tell the 25·
·any point that you collide with someone else I'm sure

512-732-1805
Page 82 Page 84
·1·
·that there will be damages. ·1·
· ··A.··No, sir.··It was just me and him.··I was the
·2·
· ··Q.··Do you recall seeing a car -- If you look on that ·2·
·passenger, and he was the driver.
·3·
·diagram, there's a car marked "Witness" sitting in the ·3·
· ··Q.··Was there anybody else who was aware of your
·4·
·turn lane on Elms Road on the right-hand side of the ·4·
·whereabouts on February 28th, 2020 besides Mr. Clemons?
·5·
·diagram, correct? ·5·
· ··A.··No, sir.
·6·
· ··A.··Yes, sir.··I see it. ·6·
· ··Q.··You didn't call your mom that night after the
·7·
· ··Q.··Do you recall seeing any other cars at that ·7·
·exercise was over?
·8·
·intersection waiting at the stoplight? ·8·
·9·
· ··A.··I remember seeing the stoplight that was green, ·9·
· ··Q.··You didn't call your mom that night when the
10·
·and I remember seeing headlights.··As far as anything 10·
·field training was done?
11·
·surrounding me, I'm not sure, sir. 11·
· ··A.··No, sir.
12·
· ··Q.··Was Mr. Clemons ever on his phone during the 12·
· ··Q.··You didn't talk to your friends about what you
13·
·drive back from Austin? 13·
·were doing?
14·
· ··A.··No, sir. 14·
· ··A.··No, sir.
15·
· ··Q.··Did he receive any text messages or anything like 15·
· ··Q.··The only person who knew where you were at that
16·
·that? 16·
·night was Mr. Clemons?
17·
· ··A.··No, sir. 17·
18·
· ··Q.··Were you-all playing music? 18·
· ··Q.··And he knew that because he was with you?
19·
· ··A.··Yes, sir. 19·
20·
· ··Q.··How loud was that music? 20·
· ··Q.··I will remind you that all of these questions,
21·
· ··A.··A normal volume, I guess, sir. 21·
·you know, were under oath.··You understand the penalty
22·
· ··Q.··You mentioned that you remember an officer asking 22·
·of perjury, correct?
23·
·why it was so loud? 23·
24·
· ··A.··Yes, sir. 24·
· ··Q.··So you've taken an oath to tell the truth, right?
25·
· ··Q.··So at least when the officer arrived he noticed 25·
Page 83 Page 85
·1·
·loud music, correct? ·1·
· ··Q.··All right.··So you're telling this jury that you
·2·
· ··A.··Yes, sir. ·2·
·were not at Club Tabu or Club Starlite on February 28th,
·3·
· ··Q.··He asked you about loud music? ·3·
·2020?
·4·
· ··A.··Yes, sir. ·4·
· ··A.··No, sir.
·5·
· ··Q.··And you heard the music he was talking about? ·5·
· ··Q.··You weren't in the parking lot?
·6·
· ··A.··At that moment in time I didn't hear music at ·6·
· ··A.··In the parking lot of where, sir?
·7·
·all.··Everything in the audio-electrical in the car had ·7·
· ··Q.··Those clubs.
·8·
·... I won't say had been cut off, but they weren't -- ·8·
· ··A.··No, sir.
·9·
·there was no music playing.··There was nothing. ·9·
· ··Q.··You weren't on the road in front of those clubs?
10·
· · · · · · ·MR. BLAKE:··All right.··Well, hey, I want to 10·
· ··A.··No, sir.
11·
·-- it's been about an hour since our last break, I think 11·
· ··Q.··You weren't in the vicinity of those two clubs?
12·
·on the dot, and I usually make it a habit or practice to 12·
· ··A.··No, sir.
13·
·take a break every hour; so I'm going to give us a quick 13·
· ··Q.··In fact, you took a longer route to get back to
14·
·break, and I'm going to go to the bathroom, drink some 14·
·the barracks of Fort Hood just to avoid those two clubs?
15·
·water, things like that.··Like I said, we're moving 15·
· ··A.··To avoid those clubs and to avoid the person that
16·
·really well through my questions; so I don't anticipate 16·
·was following us, but yes, sir.
17·
·having a whole lot more after this is over, but let's go 17·
· ··Q.··And that person kept following you when you
18·
·ahead and take a break.··All right? 18·
·exited, correct?
19·
· · · · · · ·THE WITNESS:··Okay. 19·
20·
· · · · · · ·THE REPORTER:··We're off the record. 20·
· ··Q.··So you never really were able to shake that
21·
· · · · · · ·(Recess taken from 11:40 to 11:50 a.m.) 21·
·person, whoever they were?
22·
· · · · · · ·Back on the record. 22·
· ··A.··No, sir, not that I'm aware of, sir.
23·
· ··Q.··You didn't go any farther north on 195 on the way
24·
· ··Q.··All right.··Ms. Foster, was there anybody else 24·
·back from Austin than the Stan Schlueter Loop, correct?
25·
·with you and Mr. Clemons that evening? 25·
· ··A.··That's correct.

512-732-1805
Page 86 Page 88
·1·
· ··Q.··You got off 195 on Stan Schlueter? ·1·
·in the parking lot of any of those Fort Hood clubs?
·2·
· ··A.··Yes, sir. ·2·
· ··A.··No, sir.
·3·
· ··Q.··So you never made it to Fort Hood Street that ·3·
· ··Q.··Have you ever in your life been involved in a
·4·
·night? ·4·
·street race?
·5·
· ··A.··As I said, 195 turns into Fort Hood Street, but ·5·
· ··A.··No, sir.
·6·
·we got off on Stan Schlueter, sir. ·6·
· ··Q.··Have you ever in your life known Mr. Clemons to
·7·
· ··Q.··Right.··Off on Stan Schlueter, from Stan ·7·
·take his car over to those clubs on Fort Hood Street?
·8·
·Schlueter left on W.S. Young, correct? ·8·
· ··A.··No, sir.
·9·
· ··A.··Right on Stan Schlueter, left on W.S. Young; yes, ·9·
· ··Q.··Have you ever in your life known Mr. Clemons to
10·
·sir. 10·
·be involved in a street race?
11·
· ··Q.··And that's where the collision took place, 11·
· ··A.··No, sir.
12·
·correct? 12·
· ··Q.··There's nobody else that can verify your
13·
· ··A.··At Elms, yes, sir. 13·
·whereabouts on February 28th, 2020 after 3:00 p.m.,
14·
· ··Q.··So you didn't make it anywhere farther north than 14·
·other than Mr. Clemons?
15·
·that on your return trip from Austin, correct? 15·
· ··A.··My NCO had to take me to the -- to do the police
16·
· ··A.··Correct, sir. 16·
·report the following morning; so she's aware just
17·
· ··Q.··Once you were there the collision happened, you 17·
·because she had to come and take me to get there to the
18·
·were taken to the hospital; that was the end of the 18·
·police station to do the report, but that night
19·
·evening? 19·
·specifically, prior to that night she didn't know where
20·
· ··A.··Yes, sir. 20·
·I was, no, sir.
21·
· ··Q.··You never made it to any of the clubs on Fort 21·
· ··Q.··Had you used your cell phone at any point after
22·
·Hood Street on February 28th, 2020? 22·
·3:00 p.m. on February 28th, 2020?
23·
· ··A.··No, sir. 23·
· ··A.··Yes, sir, but it died before we had left the
24·
· ··Q.··You never had any plans to go to those clubs on 24·
·Austin area.
25·
·Fort Hood Street? 25·
· ··Q.··So your phone died in Austin?
Page 87 Page 89
·1·
· ··A.··No, sir. ·1·
·2·
· ··Q.··You never had -- you had not recently been to any ·2·
· ··Q.··And so you didn't have access to your phone after
·3·
·of those clubs on Fort Hood Street? ·3·
·you-all left Austin?
·4·
· ··A.··No, sir.··I was at a field training that week. ·4·
· ··A.··No, sir.
·5·
· ··Q.··I mean in like the months prior. ·5·
· ··Q.··Do you still have that phone today?
·6·
· · · · · · ·MR. BURNS:··I'm sorry.··During what period ·6·
· ··A.··No, sir.··I never received it back from the
·7·
·of time?··"Recently" is pretty vague. ·7·
·investigation that took place.··Once they took Mr.
·8·
·BY MR. BLAKE: ·8·
·Clemons' car, I never received that back at all.
·9·
· ··Q.··I'll rephrase. ·9·
· ··Q.··What phone plan did you have at that time?
10·
· · · ··In the three months prior to the collision you 10·
· ··A.··I had the same one that I have now, Verizon, and
11·
·had never been to any of those clubs on Fort Hood 11·
·I had an iPhone.
12·
·Street, correct? 12·
· ··Q.··Was it the same phone number you have now?
13·
· ··A.··Three months prior to the collision? 13·
14·
· ··Q.··Mm-hmm. 14·
· ··Q.··What phone number is that?
15·
· ··A.··No, sir. 15·
· ··A.··It is (812) 484-6840.
16·
· ··Q.··Not since you had deployed to Syria had you been 16·
· ··Q.··Is that a plan with -- is that under your name or
17·
·to those clubs on Fort Hood Street? 17·
·someone else's name?
18·
· ··A.··That's correct, sir. 18·
· ··A.··My name, sir.
19·
· ··Q.··Not even in the parking lot of those clubs? 19·
· ··Q.··So you pay for that plan?
20·
· ··A.··And you're referring to that three-month time 20·
21·
·period, correct? 21·
· ··Q.··With Verizon?
22·
· ··Q.··Let's start with the three-month time period 22·
23·
·first. 23·
· ··Q.··All right.··We're going to get those phone
24·
· ··A.··No, sir. 24·
·records for that phone plan.
25·
· ··Q.··Had you ever in your life been to a car meet-up 25·
· · · ··Is there anything else we need to know about that

512-732-1805
Page 90 Page 92
·phone plan while we get those records?
·1· ·1·
· ··A.··Mm-hmm.··Yes, sir.
· ··A.··No, sir.
·2· ·2·
· ··Q.··What are the last four digits?
· ··Q.··All right.··Let's talk about your debit card.

·3· ·3·
· ··A.··8081.
·Who's your debit card with?

·4· ·4·
· ··Q.··And this is the same debit card you had on
· ··A.··Fort Hood National Bank, sir.

·5· ·5·
·February 28th, 2020, correct?
· ··Q.··Do you have any other debit cards?

·6· ·6·
· ··A.··I believe so.··I know I did have one that split
· ··A.··No, sir.
·7· ·7·
·in half at another field training exercise; so I did
· ··Q.··Do you have any kind of credit cards?
·8· ·8·
·have to order a new one, but I'm not sure if it was this
· ··A.··I have a Kohl's card, if that counts, sir.
·9· ·9·
·one or another one.··I have two separate.
· ··Q.··Do you use that to make purchases?
10· 10·
· ··Q.··Today you have two debit cards?
· ··A.··I do at the Kohl's store, sir.
11· 11·
· ··A.··Yes, sir.··They're the same account but just two
· ··Q.··But only at the Kohl's store?
12· 12·
·separate cards.
· ··A.··Only at Kohl's.
13· 13·
· ··Q.··Okay.··So if we requested anything from that
· ··Q.··Did you use that Kohl's card on February 28th,
14· 14·
·account, that account -- whatever debit card you had on
·2020?
15· 15·
·February 28th, 2020 would be linked to that account,
16· 16·
·correct?
· ··Q.··Did you use that Kohl's card on February 28th,
17· 17·
· ··A.··Yes, sir.··It will be the same account.
·2020?
18· 18·
· ··Q.··That's where all of your pay checks get
· ··A.··No, sir.
19· 19·
·deposited?
· ··Q.··Did you use your debit card on February 28th,
20· 20·
·2020?
21· 21·
· ··Q.··That's where all of your money is?
· ··A.··If I did make purchases, then yes, sir.
22· 22·
· ··Q.··And you didn't use cash, correct?
23· 23·
· ··Q.··So any purchases you made with a debit card on
· ··A.··No, sir.
24· 24·
·that day would come from that account?
· ··Q.··So any purchases you made would show up on that
25· 25·
Page 91 Page 93
·1·
·debit card? ·1·
· ··Q.··So if we get discovery on what that account
·2·
· ··A.··Yes, sir. ·2·
·activity was, that's all that there would be for me to
·3·
· ··Q.··All right.··What's the name on that debit card? ·3·
·go look for, for what you did on February 28th, 2020,
·4·
· ··A.··Isis L. Foster. ·4·
·correct?
·5·
· ··Q.··What kind of debit card is it?··Is it a Visa ·5·
·6·
·Chase, is it First National? ·6·
· ··Q.··Do you recall anyone that you texted or called on
·7·
· ··A.··It's a MasterCard. ·7·
·February 28th, 2020 after your field training exercise
·8·
· ··Q.··MasterCard? ·8·
·was over?
·9·
· ··A.··MasterCard Visa. ·9·
· ··A.··I remember checking in with Cequil to let him
10·
· ··Q.··What is the last four digits of that Visa card -- 10·
·know that I was on my way home, but that was really
11·
·MasterCard? 11·
·about it.
12·
· ··A.··Oh ... 12·
· ··Q.··That's the only phone message you recall on
13·
· ··Q.··You can grab it if you need to. 13·
·February 28th, 2020?
14·
· ··A.··I can grab it?··Okay.··Give me a second.··I've 14·
· ··A.··Yes.
15·
·got to run outside; so hold on one second, please. 15·
· ··Q.··All right.··And you hadn't eaten dinner this
16·
· · · ··(Brief pause from 11:57 a.m. to 12:00 p.m.) 16·
·whole night on February 28th, 2020?
17·
· ··Q.··All right.··I'm going to have to repeat my last 17·
· ··A.··No, sir.
18·
·question. 18·
· ··Q.··You weren't hungry?
19·
· · · ··What is the name on that debit card? 19·
· ··A.··I was, but I wanted to wait until I got home to
20·
· ··A.··Isis L. Foster. 20·
·cook, because I like to cook.
21·
· ··Q.··All right.··And that's a MasterCard, correct? 21·
· ··Q.··All right.··Is there any other -- any other
22·
· ··A.··Yes, sir. 22·
·person or thing that would give us any information about
23·
· ··Q.··When does it expire? 23·
·your whereabouts on February 28, 2020?
24·
· ··A.··10-23. 24·
· ··A.··Uhm ... I have the location on my phone, but
25·
· ··Q.··Okay.··So October of 2023? 25·
·otherwise, no, sir.

512-732-1805
Page 94 Page 96
·1·
· ··Q.··So you have location services enabled on your ·1·
· · · · · · ·MS. DANIELS:··Okay.··I'll pass the witness.
·2·
·phone? ·2·
· · · · · · ·MR. BURNS:··I'll reserve my questions.
·3·
· ··A.··Yes, sir. ·3·
· · · · · · · · · ··FURTHER EXAMINATION
·4·
· ··Q.··All right.··That's the same phone we talked about ·4·
·BY MR. BLAKE (12:05 p.m.):
·5·
·a second ago, the Verizon iPhone, and you gave us that ·5·
· ··Q.··Just a final couple of questions, Ms. Clemons --
·6·
·phone number? ·6·
·Ms. Foster.··I apologize.
·7·
· ··A.··Yes, sir. ·7·
· ··A.··That's all right.
·8·
· ··Q.··That's been the only phone you've had since ·8·
· ··Q.··To your knowledge, Mr. Clemons has not changed
·9·
·his phone or phone number since the collision?
10·
· ··A.··Aside from -- I had to go get a new phone because 10·
· ··A.··As far as I know, no, sir.··It's been the same,
11·
·they still had that phone in their possession, and they 11·
·sir.··I still have the same number to get ahold of him;
12·
·still have it in their possession; so in order for me to 12·
·so ...
13·
·do my job, I had to get another phone. 13·
· ··Q.··All right.··And do you recall him using his phone
14·
· · · · · · ·MR. BLAKE:··All right.··I think that 14·
·at any point on February 28th, 2020?
15·
·concludes my questions for now, and I'll pass the 15·
· ··A.··I know I had his phone in my hand to change the
16·
·witness. 16·
·music, but we do have these Apple -- the Apple CarPlay
17·
· · · · · · · · · ··FURTHER EXAMINATION 17·
·on the screen; so we don't touch the phone.
18·
·BY MS. DANIELS (12:04 p.m.): 18·
· ··Q.··All right.··He wasn't using his phone during the
19·
· ··Q.··I have just a couple, Ms. Foster.··My name is 19·
·drive?
20·
·Breanne Daniels.··I'm representing Mr. and Mrs. Mayhan, 20·
· ··A.··No, sir.
21·
·who are the other defendants in the lawsuit.··Just a few 21·
· ··Q.··Was he using his phone at any point when you-all
22·
·questions for you. 22·
·were at the shops in Austin or at the gas stations?··Was
23·
· · · ··I think you testified earlier that although there 23·
·he ever texting or calling anybody that you can recall?
24·
·was a vehicle driving behind you for some period of 24·
· ··A.··Oh, no, because the screen was pretty messed up;
25·
·time, you only saw headlights, correct? 25·
·so he had to get it fixed.··Otherwise it was -- the
Page 95 Page 97
·1·
· ··A.··Yes, sir -- ma'am.··I'm sorry. ·1·
·glass would have cut his face.··It was pretty messed up.
·2·
· ··Q.··No, no.··It happens all the time.··It's okay. ·2·
· ··Q.··Once he got the phone fixed, was he excited to
·3·
· · · ··And you're not sure what type of vehicle that ·3·
·have it back?··Was he using it at all?
·4·
·was, because you only saw headlights? ·4·
· ··A.··No.··He was pretty hungry.··He was kind of ready
·5·
· ··A.··That's correct, ma'am. ·5·
·to get home.
·6·
· ··Q.··Okay.··And I think you also testified earlier ·6·
· · · · · · ·MR. BLAKE:··All right.··That's the end of my
·7·
·that immediately prior to the collision there was no ·7·
·questions for today.
·8·
·vehicle in the lane directly beside you; is that right? ·8·
· · · · · · ·MR. BURNS:··Thank you, Isis.··That will be
·9·
· ··A.··(Inaudible) ma'am. ·9·
·all.
10·
· ··Q.··I'm sorry?··What was that? 10·
· · · · · · ·THE WITNESS:··Thank you, sir.
11·
· ··A.··"That's correct, ma'am." 11·
· · · · · · ·MR. BURNS:··I'll be in touch.
12·
· ··Q.··Thank you.··And so you cannot testify with 12·
· · · · · · ·THE REPORTER:··I need to ask one question,
13·
·certainty what my clients' actions were, because you 13·
·if I could.··Mr. Burns, would you like your client to
14·
·testified earlier that you don't specifically recall 14·
·read and sign?
15·
·seeing them in their vehicle; is that right? 15·
· · · · · · ·MR. BURNS:··I would, yes, please.··Send it
16·
· ··A.··Your clients are ... 16·
·to me, and I will get it to her.
17·
· ··Q.··The Mayhans, which they were in the Mercedes. 17·
· · · · · · ·THE REPORTER:··Will do.··Thank you.··Do we
18·
· ··A.··Correct, ma'am.··That's correct. 18·
·need more than 20 days?
19·
· ··Q.··You don't ever recall seeing a Mercedes during 19·
· · · · · · ·MR. BURNS:··No.··Well, just a minute.
20·
·your drive back, correct? 20·
· · · · · · ·Isis, you're not -- you don't know of any
21·
· ··A.··No, ma'am. 21·
·deployment that's coming up in the next three or four
22·
· ··Q.··Okay.··So you can't specifically testify what 22·
·weeks, do you?
23·
·their actions were, what their actions were not, 23·
· · · · · · ·THE WITNESS:··No, not a deployment, but I
24·
·correct? 24·
·will be clearing the unit, and my report date to Hawaii
25·
· ··A.··That's correct, ma'am. 25·
·is on March 20th.··But I shouldn't have any -- there's

512-732-1805
Page 98 Page 100
·1·
·no upcoming -- There's a field problem coming up the end ·1·
· · · ··I, ISIS FOSTER, have read the foregoing
·2·
·of February, but I won't be involved in that, but I'm ·2·
·deposition and hereby affix my signature that same is
·3·
·sure Mr. Clemons will. ·3·
·true and correct, except as noted above.
·4·
· · · · · · ·MR. BURNS:··Okay.··20 days will be fine. ·4·
·
·5·
· · · · · · ·THE REPORTER:··Thank you. ·5·
· · · · · · · · · · · · ··_______________________
·6·
· · · · · · ·MR. BURNS:··Thank you, Isis. ·6·
· · · · · · · · · · · · ··ISIS FOSTER
·7·
· · · · · · ·THE WITNESS:··Thank you. ·7·
·
·8· ·8·
·THE STATE OF ______)
· · · · · · ·MR. BLAKE:··Lorna, we'll take an electronic
·9·
·COUNTY OF _________)
·9·
·copy of this.
10·
· · · ··Before me, ___________________, on this day
10·
· · · · · · ·THE REPORTER:··Yes, sir.··That sounds good.
11·
·personally appeared ISIS FOSTER, known to me (or proved
11·
· · · · · · ·And Mr. Burns, Ms. Daniels, either one of
12·
·to me under oath or through __________________)
12·
·you need an electronic copy?
13·
·(description of identity card or other document) to be
13·
· · · · · · ·MR. BURNS:··I do.
14·
·the person whose name is subscribed to the foregoing
14·
· · · · · · ·MS. DANIELS:··Me, as well.
15·
·instrument and acknowledged to me that they executed the
15·
· · · · · · ·THE REPORTER:··All right.··Thank you so
16·
·same for the purposes and consideration therein
16·
·much, then.··We are off the record.
17·
·expressed.
17·
· ··(DEPOSITION CONCLUDED AT APPROXIMATELY 12:09 P.M.)
18·
· · · ··Given under my hand and seal of office this ____
18·
· · · · · · · · ··*··*··*··*··*··*··*··*
19·
·day of ________________, 2021.
19·
·
20·
·
20·
·
21·
· · · · · · · · · · · · · · · ·________________________
21·
· ···· · · · · · · · · · · · · · ·Notary Public in and for
22·
· 22·
· · · · · · · · · · · · · · · ·The State of ___________
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· 23·
· · · · · · · · · · · · · · · ·My commission expires:
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· 24·
· · · · · · · · ··*··*··*··*··*··*··*··*
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· 25·
·
Page 99 Page 101

·1·
· · · · · · · ·NAME OF WITNESS:··ISIS FOSTER ·1·
· · · · · · · · · ··CAUSE NO. 316-734-C
·2·
·JOANNA FUENTES, AS NEXT· · ·* IN THE DISTRICT COURT
···· · · · · ··DATE TAKEN:··FEBRUARY 11, 2021
··FRIEND
· FOR ILIA FUENTES,· ··*
·2·
· · · · · · · · ··CHANGES AND SIGNATURE ·3·
·A.R.G, A MINOR, AND G.N.F,··*
·3·
·PAGE· · · ··LINE· · · · ·CHANGE· · · ··REASON ··A· MINOR, ROBERT ADRIAN· · ··*
·4·
·GARZA, SR., INDIVIDUALLY· ··*
·4·
·_______________________________________________________
··AND
· AS NEXT FRIEND FOR A.G. *
·5·
·_______________________________________________________ ·5·
·JR., A MINOR, AND A.N.G., A *
··MINOR,
· AND ASHLEY RODRIGUEZ,*
·6·
·_______________________________________________________
·6·
·AS NEXT FRIEND FOR I.R.M.,··*
·7·
·_______________________________________________________ ··A· MINOR,· · · · · · · · · ··*
·8·
·_______________________________________________________ ·7·
· · · ··Plaintiffs,· · · · ··*
···· · · · · · · · · · · · · ·*
·9·
·_______________________________________________________
·8·
·VS.· · · · · · · · · · · · ·* OF BELL COUNTY, TEXAS
10·
·_______________________________________________________ ···· · · · · · · · · · · · · ·*
·9·
·CEQUIL CLEMONS, ISIS FOSTER,*
11·
·_______________________________________________________
··FREDRICK
· MAYHAN, AND· · · ··*
12·
·_______________________________________________________ 10·
·TRACEY MAYHAN,· · · · · · ··*
13·
·_______________________________________________________ ···· · ··Defendants.· · · · ··* 169TH JUDICIAL DISTRICT
11·
·
14·
·_______________________________________________________
···· · · · · · · ·REPORTER'S CERTIFICATION
15·
·_______________________________________________________ 12·
· · · · · · ·ORAL DEPOSITION OF:··ISIS FOSTER
···· · · · · ··DATE TAKEN:··FEBRUARY 11, 2021
16·
·_______________________________________________________
13·
· · · · · · · · · ··(Reported Remotely)
17·
·_______________________________________________________ 14·
· ··I, Lorna G. Hildebrandt, Certified Shorthand Reporter
18·
·_______________________________________________________ 15·
·in and for the State of Texas, hereby certify to the
16·
·following:
19·
·_______________________________________________________
17·
· ··That the witness, ISIS FOSTER, was duly sworn by the
20·
·_______________________________________________________ 18·
·officer and that the transcript of the oral deposition
19·
·is a true record of the testimony given by the witness
21·
·_______________________________________________________
20·
·via Zoom video-conferencing;
22·
·_______________________________________________________ 21·
· ··That the deposition transcript was submitted on the
23·
·_______________________________________________________ 22·
·17th day of February, 2021 to the witness for
23·
·examination, signature and return to me within 20 days
24·
·_______________________________________________________
24·
·after submission;
25·
·_______________________________________________________ 25·
· ··That the amount of time used by each party at the

512-732-1805
Page 27 (Pages 102-103)
Page 102
·1·
·deposition is as follows:
·2·
· ··TRAVIS BLAKE - 01 HOURS: 42 MINUTES
·····BREANNE DANIELS - 00 HOURS: 01 MINUTE
·3·
· ··ROBERT B. BURNS, JR. - (NO TIME USED);
·4·
· ··That pursuant to information given to the deposition
·5·
·officer at the time said testimony was taken, the
·6·
·following includes counsel for all parties of record:
·7·
· ··TRAVIS BLAKE, Attorney for Plaintiffs
·····ROBERT B. BURNS, JR., Attorney for Clemons
·8·
· ··& Foster Defendants
·····BREANNE DANIELS, Attorney for Mayhan Defendants.
·9·
·
10·
· ··I further certify that I am neither counsel for,
11·
·related to, nor employed by any of the parties or
12·
·attorneys in the action in which this proceeding was
13·
·taken, and further that I am not financially or
14·
·otherwise interested in the outcome of the action.
15·
· ··Further certification requirements pursuant to Rule
16·
·203 of TRCP will be certified to after they have
17·
·occurred.
18·
· ··Certified to by me this 17th day of February, 2021.
19·
·
20·
· · · · · · · · · · · · ··_______________________________
···· · · · · · · · · · · ··LORNA G. HILDEBRANDT
21·
· · · · · · · · · · · · ··Texas CSR Number:··429
···· · · · · · · · · · · ··Expiration Date:··4-30-21
22·
· · · · · · · · · · · · ··Firm Registration Number:··50
···· · · · · · · · · · · ··P.O. Box 7424
23·
· · · · · · · · · · · · ··Waco, Texas··76714-7424
···· · · · · · · · · · · ··Telephone No.:··(254) 744-9049
24·
·
25·
·
Page 103
·1·
· · · · ·FURTHER CERTIFICATION UNDER RULE 203 TRCP
·2·
· ··The original deposition was/was not returned to the
·3·
·deposition officer on ___________________________, 2021;
·4·
· ··If returned, the attached Changes and Signature page
·5·
·contains any changes and the reasons therefor;
·6·
· ··If returned, the original deposition was delivered to
·7·
·TRAVIS BLAKE, Custodial Attorney;
·8·
· ··That $____________ is the deposition officer's
·9·
·charges to the Plaintiffs for preparing the original
10·
·deposition transcript and any copies of exhibits;
11·
· ··That the deposition was delivered in accordance with
12·
·Rule 203.3, and that a copy of this certificate was
13·
·served on all parties shown herein and filed with the
14·
·District Clerk.
15·
· ··Certified to by me this ____ day of _____________,
16·
·2021.
17·
·
···· · · · · · · · · · · ··_____________________________
18·
· · · · · · · · · · · · ··LORNA G. HILDEBRANDT
···· · · · · · · · · · · ··Texas CSR Number:··429
19·
· · · · · · · · · · · · ··Expiration Date:··4-30-21
···· · · · · · · · · · · ··Firm Registration Number:··50
20·
· · · · · · · · · · · · ··P.O. Box 7424
···· · · · · · · · · · · ··Waco, Texas··76714-7424
21·
· · · · · · · · · · · · ··Telephone No.:··(254) 744-9049
22·
· · · · · · · · · ·*··*··*··*··*··*··*
23·
·
24·
·
25·
·

512-732-1805

Killeen Street Racing Lawsuit

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CAUSE NO.

JOANNA FUENTES, AS NEXT FRIEND § IN THE DISTRICT COURT OF

PLAINTIFFS’ FIRST AMENDED PETITION

1. Plaintiffs intend to conduct discovery under Level 3 of Texas Rule of Civil

relief over $1,000,000.

2. Plaintiffs seek monetary relief over $1,000,000.

3. Plaintiff, Joanna Fuentes, is an individual residing in Bell County, Texas.

this suit, and two of her children:

b. A.R.G., a minor child residing in Bell County, Texas; and,

c. G.A.F., a minor child residing in Bell County, Texas.

4. Plaintiff, Robert Adrian Garza, Sr., is an individual residing in Bell County,

and as Next Friend of his children:

d. A.G., Jr., a minor child residing in Bell County, Texas; and,

e. A.N.G., a minor child residing in Bell County, Texas.

f. I.R.M., a minor child residing in Bell County

6. Defendant, Cequil Clemons, is an individual residing in Bell County, Texas

and has made an appearance herein.

7. Defendant, Isis Foster, is an individual residing in Bell County, Texas and

has made an appearance herein.

8. Defendant, Fredrick Mayhan, is an individual residing in Bell County, Texas

and has made an appearance herein.

9. Defendant, Tracey Mayhan, is an individual residing in Bell County, Texas

and has made an appearance herein.

10. Defendant, CTX Racing Club, is an unincorporated nonprofit association

11. Defendant, Victor Quinones, is an individual residing in Bell County, Texas.

Texas 76513 in Bell County, Texas or wherever he may be found.

Copperas Cove, Texas 76522 or wherever he may be found.

13. Defendant, RP Entertainment, LLC a/k/a Club Tabu, is a business operating

15. Venue is proper in Bell County, Texas, pursuant to § 15.002(a)(1) because it

Plaintiffs’ claims occurred.

“Clemons Vehicle”). Clemons and Foster (“Clemons Defendants”) were traveling

Fredrick Mayhan and occupied by Defendant Tracey Mayhan (“Mayhan Defendants”),

speeds—the Clemons and Mayhan Defendants were street racing—when Plaintiffs’

proximately caused the Plaintiffs’ injuries. Id.

left rear. Id.

suspicion and protect Frederick.

of W.S. Young Drive where the collision took place.

Negligence – Defendant Cequil Clemons

26. Plaintiffs incorporate the above factual allegations by reference in support of

their claim for negligence against Defendant Cequil Clemons.

because of the indivisible nature of the injury sustained by Plaintiff.

of the following ways:

a. Failing to maintain speed at the legal limit;

b. Failing to yield the right of way at an intersection;

c. Failing to maintain a proper lookout;

d. Failing to maintain proper attention to his circumstances and surroundings

f. Operating the vehicle in a dangerous and negligent manner on a public

29. Each of these acts and omissions described above, singularly or in

Negligence – Defendant Isis Foster

30. Plaintiffs incorporate the above factual allegations by reference in support of

their claim for negligence against Defendant Isis Foster.

because of the indivisible nature of the injury sustained by Plaintiff.

and injuries to Plaintiffs.

33. Plaintiffs incorporate the above factual allegations by reference in support of

their claim for negligence against Defendant Fredrick Mayhan.

because of the indivisible nature of the injury sustained by Plaintiff.

of the following ways:

a. Failing to maintain speed at the legal limit;

b. Failing to yield the right of way at an intersection;

c. Failing to maintain a proper lookout; Failing to maintain proper attention to