Transcript of the Testimony of Dave Lewis

Date: November 20, 2013 Volume: I Case: In Re: Joplin Critical Investigation

Printed On: December 1, 2013

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 1

IN RE:

JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

DAVE LEWIS

Taken on Wednesday, November 20, 2013, from 5:46 p.m. to

6:03

p.m., at the law offices of Juddson H. McPherson, LLC, 626 S. Byers, in the City of Joplin, County of Jasper, State of Missouri, before SHARON K. ROGERS, C.C.R.650, a Certified Court Reporter and a Notary Public within and for the County of Jasper, and State of Missouri.

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In Re: Dave Lewis

Joplin Critical Investigation

Page 2

APPEARANCES

MR. THOMAS E. LORAINE Loraine & Associates, LLC 4075 Osage Beach Pkwy., Suite 300 Osage Beach, MO 65065

tellaw@loraineandassociates.com

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 3

S T I P U L A T I O N

IT IS HEREBY STIPULATED AND AGREED that this Sworn Statement may be taken by steno-mask type recording by SHARON K. ROGERS, a Certified Court Reporter, and afterwards reduced into typewriting. It is further stipulated that the signature of the witness is hereby waived, and that said Sworn Statement of said witness shall be of the same force and effect as though said witness had read and signed Sworn Statement.

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 4 I N D E X Page/Line DIRECT EXAMINATION BY MR. LORAINE . . . 5-4

E X H I B I T S Exhibit #A. . . . . . . . 5-8

Advice of Rights

Exhibit #42

18-5

Incident Report Exhibit #43 . . . . . . . 18-5

Police Event Report

Note:

Exhibits in separate binder

(sic) - typed as spoken (ph.) - phonetic

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. A. Q. DAVE LEWIS Having been first duly sworn and examined, testified as follows: DIRECT EXAMINATION BY MR. LORAINE: Q. A. Q. Officer Lewis, you're a Sergeant, I see? Yes, sir. And you've read this Garrity form and you understand it? (Exhibit #A) Yes, sir. You're a Garrity investigator so you know? I was at the time, yes. To that effect I'm asking you to render some statements for me, if you would, and we'll get into that, I don't think it will take too long, but I do want to briefly get your background. Yes, sir. How long have you been with the police force? A. As of next Wednesday it will be 18 years. You predate the Chief? You're post certified?

18 years. Yes.

Do you understand that the Chief may or may not know you're here? I know he does because I called him. Okay. I assume he didn't tell you anything,

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In Re:

Joplin Critical Investigation

Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. Q. Q. A. A. did he? No, he just told me I needed to go ahead and come over. Did he tell you what the topic was? He told me it would probably have to do with the domestic violence call that I had gotten called to. Yes, and you picked up the report on the way over? Yes, sir. Do you have any independent recollection of that matter? Yes, I remember this incident. Did the Chief tell you to alter your testimony in any way? No, he did not. You wouldn't do that anyway, I would assume? No, I would not. Sir, I have the unpleasant task to try to figure out what occurred on the 911 call with City Manager Rohr. He's your boss and your

boss' boss and I've talked with him and I've read the report one time so I want to know more what you know than what's on the report, I guess.

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. A. Q. A. Q. A. Q. A. Q. Okay. You didn't write the report? No, I did not. What would you say the report basically says? A. Basically the date was 11/29/2012, We were dispatched Once I

approximately 1435 hours.

to the address of 4327 Kentucky.

heard there was a domestic in progress or a domestic violence call, once I heard who the caller was at that point as supervisor I decided I probably ought to head that way. I would have headed the other way if that had been me, but that's protocol, isn't it? Yes, so en route I notified my Lieutenant of the call that we were headed and who was supposed to be involved. And this was City Manager Rohr's house? Yes. So tell me what did the report basically find? Basically we found that there was no threats of violence or physical violence that had occurred. Did you listen to the 911 call? No, I actually heard the call come over.

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In Re:

Joplin Critical Investigation

Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. Q. A. You heard the 911? I was working so - well, I didn't hear the call come over, I heard them dispatch to the house. So as you sit here now you've never heard that 911? No, I have not. I don't typically listen to

those types of things. Do you have any independent knowledge over and above what the report says? About? About anything that occurred. Basically like I said I called my supervisor and told him where we were going. He told

me, he goes, do what you've got to do, you know, whatever it be. He goes after you've So we respond

done it give me a call back.

there, Officer Magoo arrives, and we get out at the same time, we're walking up to the house, and knowing who we're getting ready to go in and deal with he goes are you taking this or am I? I said, no, we're treating

this just like any other domestic violence we go to. You'll do the investigation, I'm just

here to make sure that nothing gets out of

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In Re:

Joplin Critical Investigation

Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. hand and that he doesn't try to use his position to influence your decision. As the City Manager? Right. So what then occurred? We then went up to the front and we knocked on the door and I think Mr. Rohr came out to us, if I recall, and we asked if we could step in and talk to her. We spoke with her I

think on the front porch for a minute or so and then Officer Magoo asked if we could speak to Mr. Rohr at which time she said, yes, so we went in, he came around the corner. Officer Magoo and I separated them,

which is common protocol so we can get stories straight without one person looking at the other person trying to intimidate them. So he took Mr. Rohr out onto the front

porch, I stood inside with Mrs. Rohr and I just asked the common questions, ma'am, are you okay? I see that you're pregnant, do you require any type of medical attention? you injured or anything like that? says no. Were

And she

So I'm standing there - while I'm

standing there I'm trying to visibly look to

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In Re:

Joplin Critical Investigation

Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 see if I see nay marks or anything that would lead me to believe that there had been a physical altercation, because as commonly in domestic violence situations they'll lie for each other and say, you know, nothing happened so I was looking for anything that would back up what the 911 call had said. a certain point Officer Magoo and another officer, I believe Officer Comer, I think Comer got there when we flip-flopped. Officer Magoo came back in and spoke to Mrs. Rohr, I stood out on the front porch with Mr. Rohr while he was finishing his investigation. About that time Officer Comer At

came up and stood by with me outside with Mr. Rohr and I didn't really get into what had happened or anything, I was letting my officer conduct his investigation. Like I

said my concern at the time when I was in with Mrs. Rohr was that she was pregnant and sometimes even the argument sometimes can cause miscarriages or whatever so I wanted to make sure she was okay so I basically just stood by with him outside until Officer Magoo had finished his investigation inside, and

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. once he came back out and said nothing was, you know, we didn't have anything, at that point we left. I will say that Mr. Rohr was

more docile than I'd ever seen or known him to be. am. He wasn't, you know, you know who I

None of that was happening, you know, he

just was basically standing there and talking about how embarrassing this was and stuff like that, things of that nature. the scene. So we left

Typically in a normal situation

if we don't find any violence or threats of violence or anything we'll just complete our call card, our notes on our call card and be on our way. I called my Lieutenant who

advised that since this was a City employee, which he had in fact told us any time we're dealing with a situation with a City employee to document it by report, he had previously told us that, and I wasn't thinking about that when I called and he said, well, just make sure it's documented in a report, so hence is why we had the information report completed. Did you talk with the caller? I did not.

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. A. Q. Q. Q. A. Q. A. Who did? Officer Magoo said that he talked to whoever was - I believe it was a 21 year old female. I don't know if it was - I asked him if he talked to everybody in the residence and he said he thought he had. So do I need to talk to Magoo then? Well, he's the one that would have more knowledge of what he said and who he said it to and what. I was basically acting as a

back-up to make sure that nothing happened. Make sure that my officer wasn't intimidated. Absolutely. That's an extremely difficult And still

situation I think for everybody. is.

Do you have confidence that the Chief

has not related that you're here talking to me to the City Manager? What do you mean confidence? Do you believe the Chief would tell the City Manager that you're here talking to me? I don't know. I mean that's - I just go by

my chain of command and I'm assuming he would notify whoever he would have to notify. he needs to notify anybody I don't know. Has this been discussed with the City Manager If

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. Q. A. A. A. Q. A. A. in any capacity other than out there on the scene? Have I had part of it? Yes. No. Do you know if anybody else has discussed this with him? Not that I know of. I'm assuming, of course

assumptions being assumptions, you know, when we completed the report anything like that we put a copy of the report in the Lieutenant's box so he can bring it up at the Command Staff meeting. Who has the Command Staff meeting? I don't know who was there that day. It's

all your Lieutenants, the Chief, the Chief's secretary, jail supervisor, and dispatch. The City Manager doesn't sit in on those? No. So according to the police report there was nothing to further investigate? Right. So are you concluding from the report that there was, in fact, no domestic violence that occurred?

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. Q. A. A. I did not see any physical signs on Mrs. Rohr. I did notice that once we got inside I

believe she was wearing some type of a tank top shirt, I didn't see any visible markings on her arms or anything, but she did put something over the top of her, you know. Could have been marks you didn't see? There could have been. I'm not going to ask At that point

a woman to disrobe, you know.

I don't think I had a female officer on my shift so -What would you normally do in an investigation like that? Would you

investigate the female's body? No. I mean I would ask for marks and I'd ask

where she'd been hit to look for visible signs. Normally you don't ask them to take their robe off? No, I did exactly what I would have normally done is look for any visible signs. Have you heard of any other instances where Rohr was involved with a situation like this? I have heard scuttlebutt as it is prior to he'd had a problem with this type of

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. Q. A. Q. A. Q. A. Q. A. Q. Q. A. situation before he got to Joplin. With his wife? I don't believe he was married to her when she moved here. Have you heard that there had been any subsequent reports at City Hall or anything of that nature with his wife? I'm trying to think. Not that I have

first-hand knowledge of, no. I'm asking for second-hand knowledge. go to the source. I'll

Give me a name, somebody

tell you some rumor. Because I have heard, I'll tell you right now. Becky Brill had said something that, you know, there was yelling and stuff like that. To her or to the wife? To the wife. In front of her? Yes. Anybody else? Has there been a male that has

reported any incident like this concerning the wife? Not that I'm aware of. Okay. Fair enough. Do you have any other

knowledge about Manager Rohr's management

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. A. Q. A. Q. A. style that would indicate he's physically aggressive at the workplace? Not that I - I mean other than what I was told by Becky that he's an intimidating person. him. I don't think you could be intimidated by many people or many machines. man. You're a big I personally am not intimidated by

Maybe you can give me some information.

How big is Mr. Rohr? Mr. Rohr? Yes. I would say roughly my height, 6'2", 6'4", something like that. How much do you think he weighs? I'd say between about 230 and 260, somewhere in there. How big is his wife? 5'8" to 5'10", somewhere in there. sure. How much does she weigh? I don't know. sometimes. For the pregnancy? Yeah. Are you talking about at that time? Females weights can vary I'm not

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In Re:

Joplin Critical Investigation

Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q. Q. A. A. Q. Q. A. A. Q. Q. A. Q. Any time that you've seen her since she's not pregnant what would be your guess on her weight? You're a police officer, you can --

I would say probably between 120 and 150, somewhere in there. So physically he's a great deal larger than she would be? Yes. How long have these two people been married, if you know? I know they were not married when he got here. You've heard of this being a problem in Piqua, his former where he was City Manager? I heard the rumor mill. Rumor mill is there was some aggressive nature on his part? That he had a problem with domestic violence. Q. A. All right. Can you leave the reports for me? I got them from

Yeah, I'm assuming I can.

the police officer. I mean they're not the only copies or anything, are they? Not that I know of. Can I get copies?

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Dave Lewis

In Re:

Joplin Critical Investigation

Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (SWORN STATEMENT CONCLUDED) A. Q. A. Q. A. Q. Sure. These are different reports? One is the call card and one is the report. Yes, just number them separately.

(Reporter numbers Exhibits #42 and #43) Q. (By Mr. Loraine) Thank you, sir. I assume

she's not going to say anything because she's been hired to keep her mouth shut, you know, and I'm supposed to be confidential so I assume that you won't get into discussing what I've asked or what we've talked about. And if any of your officers ask you I would like to know. Okay. Thank you very much, sir. I appreciate it. I want them to call me, okay?

I don't mean to put you in a difficult situation.

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In Re:

Joplin Critical Investigation

Page 19

REPORTER'S CERTIFICATE

STATE OF MISSOURI ss. COUNTY OF JASPER I, SHARON K. ROGERS, Certified Court Reporter in the State of Missouri, do certify that pursuant to the foregoing Stipulation the witness came before me on the 20th day of November, 2013, was duly sworn by me, and was examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn Statement is subscribed by the witness as hereinbefore set out on the day in that behalf aforesaid and is herewith returned. I further certify that I am not counsel, attorney, or relative of either party, or clerk, or stenographer of either party or of the attorney of either party, or otherwise interested in the event of this suit.

__________________________ SHARON K. ROGERS, CCR-650

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