CRAIG YOUNG
CIVIL TRIAL DEPOSITION


Page 4

1 CRAIG YOUNG
2 being produced, sworn as hereinafter certified and
3 examined on behalf of the Plaintiffs Farrell,
4 Kleinheksel and Hill and Defendants Farrell,
5 testified as follows:
6 DIRECT EXAMINATION
7 BY MR. LIABO:
8 Q. Mr. Young, would you tell us you name,
9 address and Social Security number, please?
10 A. I'm Craig Allen Young, xxx xx xxxx, 3231
11 Abraham Drive, Cedar Falls, Iowa.
12 Q. What is you date of birth?
13 A. 12-6-65.
14 Q. How are you employed?
15 A. Pharmacist at Walgreen's.
16 Q. How long have you worked as a
17 pharmacist, Mr. Young?
18 A. Eleven, probably twelve years>
19 Q. Where did you receive your education?
20 A. South Dakota State.
21 Q. From when to when?
22 A. '84 to '89.
23 Q. Your wife is Connie?
24 A. Yeah.
25 Q. When were you married?

Page 5
1 A. '94.
2 Q. You are friends with the Delonna and Tracy
3 Rokes?
4 A. Yes.
5 Q. When did you meet the Rokeses?
6 A. In '90.
7 Q. How did you happen to make their
8 acquaintance?
9 A. Through my wife.
10 Q. Pardon me?
11 A. My wife knew Delonna, so then I met
12 Tracy through my wife.
13 Q. All right. Did you develop a friendship
14 with Tracy separate from the group? In other
15 words, did you do things with Tracy one-on-one as
16 opposed to doing things with the Rokeses as
17 couples?
18 A. Yeah, certain thins.
19 Q. All right. What kind of things would
20 you do?
21 A. Racquetball we'd play, and golf.
22 Q. Do you regard Tracy Rokes as one of your
23 better friends?
24 A. Yeah.
25 Q. What was your -- what has been your

Page 6
1 habit and pattern of socializing either with Tracy
2 separately or with Tracy and Delonna as couples?
3 A. Going out to eat, you mean, stuff like
4 that?
5 Q. Whatever it is.
6 A. Go out to eat. We've been on trips.
7 Just been over to each other's houses.
8 Q. How frequently do you see either Tracy
9 individually or Tracy and Delonna as a couple?
10 A. Once a week or once every two weeks. In
11 the summer it might be more. In the winter it's
12 not as much.
13 Q. You have been with Tracy in the past
14 when he as been drinking alcoholic beverages?
15 A. Yes.
16 Q. What, from what you could observe, I
17 his habit and custom with respect to drinking
18 alcoholic beverages in the social situations that
19 you've been with him?
20 A. He doesn't drink that much when I've
21 been with him.
22 Q. When you say not that much, what do you
23 mean?
24 A. Just a few beers.
25 Q. What's a few beers?

Page 7
1 A. Three or four beers.
2 Q. Over the course of --
3 A. Yeah, over the course of the night.
4 Q. Have you ever seen him intoxicated, in
5 you opinion?
6 A. Yeah.
7 Q. How frequently would he be intoxicated?
8 A. You mean like out of a hundred times?
9 Q. Okay.
10 A. I'd say five or less, probably.
11 Q. How does he appear? What is it about
12 him from what you observed when he's been
13 intoxicated that caused you to form that opinion?
14 A. He would be louder, more talkative.
15 Q. Have you ever seen him stumbling when he
16 was intoxicated?
17 A. No, not that I can recall.
18 Q. Have you ever seen him fumbling with
19 objects in his hands when he's been intoxicated?
20 A. No.
21 Q. Have you ever observed him or observed
22 that his speech was slurred when he was
23 intoxicated?
24 A. Yeah.
25 Q. The mood changes that you've observed

Page 8
1 when you said that he's more talkative, does he
2 appear to be more animated, more outgoing in his
3 speech?
4 A. Yes.
5 Q. Talks more?
6 A. Yeah.
7 Q. Okay. had there ever been a time when
8 either you or Connie or somebody else in your group
9 that you might have been with have offered Tracy a
10 ride home or a ride to wherever he was going
11 because you felt he was under the influence?
12 A. Not that I can recall.
13 Q. Have there ever been times when you
14 observed that Tracy was, in your opinion, under the
15 influence or intoxicated and you observed that he
16 drove a motor vehicle?
17 A. Yeah, I probably have once or twice.
18 Not very -- very rarely.
19 Q. But on more than one occasion Tracy
20 Rokes drove a motor vehicle while intoxicated, in
21 your opinion?
22 A. Yeah, I'd say once or twice.
22 Q. What about October 4, 1996?
24 A. No.
25 Q. On October 4th 1996, you and Connie

Page 9
1 were with the Rokeses; correct?
2 A. Correct.
3 Q. What had you done that day? Had you
4 been to work?
5 A. Yeah, I was working.
6 Q. At the Wal-Mart?
7 A. Walgreen's.
8 Q. Or Walgreen's, excuse me. When did you
9 get off work?
10 A. That I don't know. I'd say 4 or 5.
11 Q. What did you do right after work?
12 A. Just went home.
13 Q. What happened after you went home?
14 A. That I don't know. I mean, we went out
15 at approximately 7, so from 5 to 7 I just sat at
16 home.
17 Q. All right. Was Connie home when you got
18 there?
19 A. That I don't know.
20 Q. How far is your house from the Rokeses?
21 A. It was like probably three blocks.
22 Q. By the way, did you participate or were
23 you involved in any clubs or activities with the
24 Rokeses?
25 A. What do you mean, clubs?

Page 10
1 Q. Memberships, any organizations?
2 A. No.
3 Q. Did you have any business dealings with
4 Tracy Rokes?
5 A. No.
6 Q. Okay. While you were at home, after you
7 got home and between the time that you arrived home
8 and left, did you have anything to drink or an
9 alcoholic nature?
10 A. No.
11 Q. No beer, wine, hard liquor?
12 A. No.
13 Q. What's your usual drink?
14 A. Beer.
15 Q. You can't recall if Connie was home when
16 you got home, but at some point in time was she at
17 your house?
18 A. Yes. Yes.
19 Q. Okay. Did you eat at home?
20 A. That I don't know either.
21 Q. All right. At some point in time I take
22 it that you and Connie had a discussion about going
23 out?
24 A. Yeah.
25 Q. And you discussed going to Brooster's

Page 11
1 is that correct?
2 A. Correct.
3 Q. Do you know how the decision had been
4 arrived at to go to Brooster's?
5 A. I think Connie was over at Delonna's
6 house and they decided to go.
7 Q. That was the impression you received
8 from Connie?
9 A. Yeah.
10 Q. All right. And is Brooster's one of the
11 places you would go as a couple?
12 A. Very seldom go there, but we had been
13 there before.
14 Q. Okay. Do you have kids?
15 A. Yeah.
16 Q. How many?
17 A. One.
18 Q. How old is the child now?
19 A. A little over two.
20 Q. So did you have to worry about a
21 baby-sitter?
22 A. No.
23 Q. I didn't think so. Okay. So you left
24 the house around you said, what, 7 o'clock?
25 A. Yeah.

Page 12
1 Q. Did you go directly to Brooster's?
2 A. Yeah.
3 Q. Okay. When you arrived at Brooster's,
4 were there other people there that you recognized?
5 A. Yeah, I did know one couple.
6 Q. Who was that?
7 A. I don't know their names. I can't
8 remember their names. Just more of a friend of
9 Connie's.
10 Q. Were they part of the group?
11 A. No.
12 Q. Okay. It wasn't the Brauns?
13 A. No.
14 Q. Were they already at Brooster's when you
15 arrived, the couple?
16 A. Yeah, they were.
17 Q. All right. Did you talk to them?
18 A. Yeah.
19 Q. As I understand it, the Brauns also
20 arrived at Brooster's at some point in time?
21 A. Yeah.
22 Q. And you know the Brauns?
23 A. Yeah.
24 Q. I mean you're friends with them as well'
25 correct?

Page 13
1 A. Yeah.
2 Q. Did they arrive before or after you got
3 there?
4 A. After.
5 Q. What about the Rokeses, do you recall
6 when the Rokeses arrived?
7 A. The got there a quarter to 8.
8 Q. Now how do you know that?
9 A. Because we left at 7, got there 15
10 minutes later, and Bill and Lisa got there probably
11 15 minutes after we did, and Delonna and Tracy
12 probably was there 15 minutes after they got there.
13 Q. Okay. Were you looking at a watch or
14 are you just estimating?
15 A. No, that's just estimating.
16 Q. Did you order a beer when you got there?
17 A Yeah.
18 Q. By the time the Rokeses arrived, how
19 many beers had you had to drink?
20 A. One.
21 Q. All right. What were you drinking?
22 A. Miller Lite.
23 Q. What, just a bottle?
24 A. Bottle, yeah.
25 Q. What is that, twelve ounces?

Page 14
1 A. Twelve ounces.
2 Q. So your testimony is you had only had
3 one bottle of Miller Lite by the time the Rokeses
4 got there?
5 A. Yeah.
6 Q. Is that the first alcohol you'd had that
7 day?
8 A. Yeah.
9 Q. After the Rokeses arrived, did you have
10 another beer?
11 A. Yeah.
12 Q. As I understand it -- as you know, we've
13 talked to your wife and the Brauns and the Rokeses
14 about the events of that evening. As I understand
15 it, for a period of time the group was on the
16 Brooster's side of this establishment; correct?
17 A. Correct.
18 Q. Guys ere, what, watching the
19 World Series or over by the bar where the
20 World Series was on television?
21 A. Yeah. It was a baseball game. I don't
22 know if it was the World Series.
23 Q. Okay. And the gals were at a table, or
24 do you know?
25 A. They were just standing -- I think they

Page 15
1 were just standing close to it.
2 Q. Okay. While you were on the Brooster's
3 side, did you have more than two beers?
4 A. Yeah. More than two beers?
5 Q. Yes.
6 A. I would say two, maybe three.
7 Q. Are you sure that you didn't have more
8 than three?
9 A. I'd say three is the most I had.
10 Q. Is it something you were keeping close
11 track of?
12 A. No. I mean, I don't keep track.
13 Q. Yeah. You thought it was three. Is it
14 possible it was four?
15 A. I don't think so.
16 Q. Were you paying attention -- I mean, you
17 weren't really keeping track of how many beers you
18 had, I gather?
19 A. No.
20 Q. Right?
21 A. Right.
22 Q. Were you keeping better track of how
23 many beers Tracy Rokes had?
24 A. No.
25 Q. All right. Did you observe him drinking

Page 16
1 beer?
2 A. Yes.
3 Q. Do you know how many beers he had to
4 drink?
5 A. No, I don't.
6 Q. Do you know if he had more than one beer
7 to drink?
8 A. Yeah, I know that.
9 Q. You know that he had at least two?
10 A. Yes.
11 Q. And we're still on the Brooster's side,
12 by the way.
13 A. Oh, okay. I thought you were over the
14 while night.
15 Q. No, my apologies. I want to make it
16 clear. We're still on the Brooster's side; okay?
17 Let me go back if you misunderstood my question to
18 you earlier about how much you had to drink. Three
19 on the Brooster's side?
20 A. Two or three on the Brooster's side.
21 Q. All right. Tracy Rokes on the
22 Brooster's side. More than on?
23 A. I would say yes. I'd say one or two.
24 Q. And do you know that he only had two for
25 a fact?

Page 17
1 A. Yes, because what we usually do is just
2 buy a round, you know. So I had probably one
3 before he got there, so if I had two or three, he
4 probably had one or two.
5 Q. Okay. You may have had two rounds after
6 everybody had arrived and you assume Tracy did as
7 well?
8 A. Yeah.
9 Q. Okay. How long were you on the
10 Brooster's side?
11 A. I'd say approximately two and a half
12 hours.
13 Q. Okay. And then you went over to the
14 Celebration's side?
15 A. Correct.
16 Q. Why did you go over to the Celebration's
17 side.
18 A. There was a band over there.
19 Q. Tell me about what happened on the
20 Celebration's side.
21 A. On the Celebration's side we all just
22 got in a group and talked and some people danced.
23 Q. Did you see Tracy Rokes drink any beer
24 on the Celebration's side?
25 A. Yes.

Page 18
1 Q. How many beers did you observe him
2 drinking?
3 A. That I don't know over there.
4 Q. Okay. More than one?
5 A. I couldn't say. That side I didn't talk
6 to him much as I did on the other side.
7 Q. You know that he had at least one?
8 A. Yeah.
9 Q. But can't tell me whether it was --
10 whether he had two or three or four?
11 A. No.
12 Q. Do you rule out the possibility that he
13 had more than two, three, or four beer on the
14 Celebration's side?
15 A. Yeah, there's no way he had four on the
16 Celebration's side. And I don't -- I can't really
17 give you a number on the other side, because I
18 don't know.
19 Q. Do you think he did not have three?
20 A. I would say no, he didn't.
21 Q. Your testimony is he did not have as
22 many as three beers on the Celebration's side?
23 A. I don't think he did.
24 Q. Okay. You know he had one and possibly
25 two on the Celebration's side?

Page 19
1 A. Yeah.
2 Q. But you don't think he had three?
3 A. I don't think so.
4 Q. Okay. How did he appear to you from
5 what you observed?
6 A. He appeared fine to me.
7 Q. Did you talk to him?
8 A. Yeah, I talked to him on both sides.
9 Q. Were you near him, close in proximity?
10 A. Yeah.
11 Q. Did he appear to be any more talkative
12 than he normally was?
13 A. No.
14 Q. did his mood appear to be up or elevated
15 any more than it normally was?
16 A. No.
17 Q. Did he appear to have any physical
18 problems, any stumbling or problems holding
19 objects?
20 A. No.
21 Q. How long were you on the Celebration's
22 side?
23 A. Probably a little over an hour?
24 Q. Did you see Tracy Rokes dancing?
25 A. Yeah.

Page 20
1 Q. Does he normally dance?
2 A. No, not normally.
3 Q. Have you ever seen him dancing when he
4 hadn't been drinking?
5 A. That I don't know. He don't dance
6 much. He did dance once or twice that night.
7 Q. Who with? With Delonna?
8 A. Yeah, wife, yeah.
9 Q. All right. So dancing was something
10 unusual for him?
11 A. Yeah.
12 Q. Did the fact that he was dancing suggest
13 to you that he may have been feeling the
14 effect a little bit of the alcohol and a little bit
15 looser mood?
16 A. His wife wanted to dance, so I think
17 that's why he danced.
18 Q. So your answer is no, it didn't suggest
19 that's why he danced.
20 A. No.
21 Q. --that his mood had been changed at all
22 by the alcohol?
23 A. No.
24 Q. All right. What time did you leave
25 Celebration's?

Page 21
1 A. About a quarter to 11.
2 Q. Working backwards, that means that you
3 would have probably gone over to the Celebration's
4 side, what, sometime around 9:30 and 9:45?
5 A. I'd say about a quarter to 10.
6 Q. All right.
7 A. We were probably there about an hour.
8 Q. About an hour. Did Tracy and Delonna
9 leave at about the same time as you did?
10 A. Yeah.
11 Q. Had you observed Delonna?
12 A. Yeah.
13 Q. Had she been drinking that night?
14 A. Yeah.
15 Q. Did it appear to you that she was
16 intoxicated?
17 A. Yeah.
18 Q. Did you observe Delonna and Tracy
19 leaving Celebration's and going towards their car?
20 A. Yes.
21 Q. Did Delonna have any problems walking or
22 controlling her bodily movements as she went
23 towards the car?
24 A. I didn't really pay attention to that.
25 Q. Did you see her stumbling or staggering

Page 22
1 at all?
2 A. No.
3 Q. What about Tracy, did you see him
4 stumbling or staggering?
5 A. No.
6 Q. Who pulled out of the parking lot first,
7 you or the Rokeses?
8 A. I think we did.
9 Q. So you didn't have a chance to observe
10 Tracy operating his motor vehicle?
11 A. No.
12 Q. Or did you? I mean, did you see him at
13 all?
14 A. No. We went down University and he went
15 down I think it was Greehhill Road. And we left
16 about the same time, but we went one way and they
17 went the other way, so --
18 Q. Okay. How did you learn that Tracy and
19 Delonna had been in a motor vehicle crash?
20 A. I believe they called us that night.
21 Q. You say that night.
22 A. Or Saturday morning -- or it would have
23 been Friday night.
24 Q. About what time?
25 A. That I don't know. I mean, my wife woke

Page 23
1 me up and said Delonna and Tracy were in an
2 accident and that was it.
3 Q. So you were in bed?
4 A. Yeah.
5 Q. And this was early in the morning,
6 really, wasn't it?
7 A. Yeah. I don't know what time it was.
8 Q. did your wife report to you at that time
9 who she had talked to and what had been said in
10 the conversation?
11 A. She talked to Delonna, but no.
12 Q. You don't know what Delonna told her?
13 A. No.
14 Q. Did you and your wife ever discuss at a
15 later time what Delonna had told her, what Delonna
16 had told Connie in that conversation?
17 A. Not that I recall.
18 Q. Did you have any further conversation or
19 did Delonna have any further conversation with
20 either of the Rokeses about this collision after
21 that initial call?
22 A. With the Rokeses?
23 Q. Right?
24 A. Say that again.
25 Q. Did the Rokeses ever talk to either of you

Page 24
1 or Connie about this collision after that initial
2 telephone conversation?
3 A. Yeah, we went over to their house the
4 next day.
5 Q. Okay. About what time, do you recall?
6 A. In the afternoon.
7 Q. What was said? Tell me everything you
8 can recall about the conversation that afternoon at
9 the Rokeses.
10 a. They didn't really want to talk about
11 it. All they talked about is Delonna was okay,
12 Tracy was banged up a little bit, and there was
13 some talk about whether the light was flashing or
14 not. That's all I can really remember of the
15 conversation.
16 Q. did Delonna -- well, first of all, did
17 they tell you where the collision had occurred?
18 A. Yeah, I knew where it had occurred.
19 Q. And where is that?
20 A. Greenhill road and the new highway. I
21 don't know what the name of it is.
22 Q. 58?
23 A. If that's the name of it. I --
24 Q. You just don't know?
25 A. Yeah, I don't know. It was Greenhill

Page 25
1 Road.
2 Q. All right. You're familiar with that
3 intersection?
4 A. Yeah, I know where it's at.
5 Q. Okay. You knew from the conversation
6 and you own experience that that intersection is
7 controlled by traffic light?
8 A. Correct.
9 Q. Did either Tracy or Delonna say any anything
10 in that conversation on the afternoon after the
11 collision about the traffic light at the
12 intersection where this collision occurred?
13 A. The only thing they would have said is
14 if they thought it was blinking or not, and I don't
15 know if Connie was saying that or the Rokeses were
16 saying that.
17 Q. All right. Did either Tracy or Delonna
18 say anything to the effect that they had a green
19 light?
20 A. No.
21 Q. Did they say anything about what color
22 the light was for them, for traffic traveling in
23 their direction?
24 A. No.
25 Q. Did they say anything about how the

Page 26
1 collision occurred?
2 A. No, not that I can recall. Not at
3 that -- they didn't really talk about anything when
4 we were over at their house other than that Delonna
5 was okay and that Tracy was banged up a little bit.
6 Q. Did they tell you anything about what
7 they were doing prior to the collision, in other
8 words, what was going on in their car as they
9 approached that intersection?
10 A. No.
11 Q. As you came away from that conversation,
12 what was your understanding or impression as to how
13 this collision occurred?
14 A. They just -- they didn't know what had
15 happened, really. At that time they didn't know
16 what had happened. That's what I got out of it.
17 Q. Did they indicate to you anything about
18 who they felt was at fault?
19 A. No, they didn't.
20 Q. Did they tell you anything about what
21 had happened to the people in the other car?
22 A. No.
23 Q. How long did that conversation last?
24 A. Less than a half-hour.
25 Q. Did you go home after that half-hour, or

Page 27
1 leave after that half-hours, rather?
2 A. Yeah, we left.
3 Q. All right. Have you had any other
4 conversations with either of the Rokeses about this
5 collision?
6 A. Other than that day?
7 Q. Other than that day.
8 A. Yeah.
9 Q. Okay. Tell me when was the next time
10 you had a conversation with them.
11 A. That I don't know. I don't know when it
12 would have been.
13 Q. Days, weeks, months later?
14 A. Days.
15 Q. Days later. Where did the conversation
16 take place?
17 A. That I couldn't answer either. I don't
18 know.
19 Q. Was it over the phone or face-to-face?
20 A. Probably face-to-face.
21 Q. Was that with both the Rokeses present,
22 or just one?
23 A. I don't know.
24 W. Tell me everything you can recall about
25 that conversation.

Page 28
1 A. Then I found out one of them had died, I
2 think one was in the hospital, and that's all I
3 really can recall that was talked about.
4 Q. One of the occupants of the other car
5 had died and one was in the hospital?
6 A. Yeah.
7 Q. Anything more about how this collision
8 occurred, the traffic light, the circumstances of
9 the collision? No?
10 A. No.
11 Q. Speed of the vehicle?
12 A. No.
13 Q. Who was at fault?
14 A. No.
15 Q. Okay. Any other conversations about the
16 collision?
17 A. Yeah. They talked about it. Yeah,
18 other than that time, yeah.
19 Q. All right. How frequently? In other
20 words, just tell me approximately how many times or
21 how frequently the subject of this collision would
22 come up when you were with either of the Rokeses?
23 Q. I'd say three times.
24 Q. Okay. Three more times?
25 A. Three after we were at their house the

Page 29
1 next afternoon.
2 Q. You've told me about one of those. So
3 there's two more?
4 A. Yeah, I would say, yeah. I have no idea
5 when they were.
6 Q. All right. Again, just tell me
7 everything you can recall about what was said in
8 those two conversations.
9 A. I remember Tracy thinking he had a
10 blinking -- a blinking light. I mean, he didn't
11 really tell me that much about it, you know.
12 Q. What color was the blinking light?
13 A. That I don't know what he told me.
14 Q. Anything else that you can recall?
15 A. No.
16 Q. You were asked to testify in the
17 criminal case; correct?
18 A. Correct.
19 Q. Did you talk to Tracy or his lawyer
20 before the criminal case?
21 A. I talked to his lawyer.
22 Q. Did his lawyer tell you anything about
23 the collision and what had happened?
24 A. Not that I can recall.
25 Q. All right. As you sit here today, do

Page 30
1 you know anything more, have you obtained any more
2 information about this collision than what you've
3 shared with us already today?
4 A. No.
5 Q. As I understand the group that night at
6 Brooster's, it was the Brauns, the Bradfords;
7 right?
8 A. Correct.
9 Q. Yourselves and the Rokeses?
10 A. Yeah.
11 Q. Was there anybody else in that group
12 besides Delonna that you felt was intoxicated by
13 the end of the evening, or by the time you left?
14 A. No.
15 Q. Sometime after the collision you gave a
16 statement to the Cedar Falls Police Department;
17 correct?
18 A. Yeah.
19 (Deposition Exhibit 47 marked for
20 identification, as requested.)
21 Q. You've seen that statement before:
22 correct?
23 A. Yeah.
24 Q. It bears you signature?
25 A. Yes, it does.

Page 31
1 Q. And you also were asked about it the in the
2 criminal trial; correct?
3 A. Yeah, I was.
4 Q. When you gave the statement, the date of
5 the statement is October 7th, 1996, is that
6 correct?
7 A. Yeah.
8 Q. When you gave the statement, you knew
9 that one of the occupants of the vehicle that the
10 Rokeses collided with had died, did you not?
11 A. I believe I did.
12 Q. Well, didn't you so testify in the
13 criminal case?
14 A. Yeah, I did now one had died.
15 Q. Okay. In that statement you discuss the
16 number of beers that you observed Tracy Rokes
17 drinking; correct?
18 A. Yeah. Yes.
19 Q. In that statement you gave you state --
20 by the way, do you see the paragraph in your
21 statement where you address that issue?
22 A. Yeah. I do.
23 Q. All right. In that statement you told
24 the Cedar Falls Police that you believed that Tracy
25 had -- while you were on the Brooster's side you

Page 32
1 believed Tracy had two beers; correct?
2 A. Correct.
3 Q. And then you tell the Cedar Falls Police
4 that once you went over to the Celebration's side
5 you thought he had two or three beers; correct?
6 A. Correct.
7 Q. Has anything occurred since you gave
8 that statement that has caused you to revise your
9 estimate of the number of beers that Tracy Rokes
10 had that evening downward?
11 A. No.
12 Q. Is it still your testimony that you
13 believe that Tracy Rokes only had one, maybe two
14 beers on the Celebration's side, and is it still
15 your testimony that you do no think he had three?
16 A. I don't think he had three.
17 Q. So your statement to the police,
18 Cedar Falls Police was wrong?
19 A. No. I said I believe Tracy had two
20 beers at Brooster's and two or three beers -- let's
21 see. Had two beers at Brooster's and then I said
22 three beers for the whole night, so he had one or
23 two at the Celebration's side.
24 Q. That's the way you interpret you
25 statement to the police?

Page 33
1 A. Yeah.
2 Q. In other words, that's the
3 interpretation you want us to have, that --
4 MR. BEVEL: Objection. Argumentative.
5 MR. LIABO: Go ahead and answer.
6 A. I think he had two beers -- one or two
7 on the Brooster's side and I would say one or two
8 on the Celebration's side.
9 Q. That's not what you statement says, is
10 it?
11 A. I says two or three beers for the whole
12 night.
13 Q. Well, let's read the whole statement
14 together, would you, please? Why don't you just
15 read what you wrote there to the Cedar Falls
16 Police.
17 A. Okay.
18 Q. Beginning with the word "while."
19 MR. BEVEL: Do you want him to read it
20 outloud?
21 MR. LIABO: Yes.
22 A. "While in the Brooster's side I believe
23 Tracy Rokes had two beers and once we went over to
24 Celebration's I think he had two or three beers,
25 This was for the whole night. I didn't see Tracy

Page 34
1 drink any other beer. I've been out drinking with
2 Tracy before and didn't notice anything unusual
3 about him."
4 MR. HELLMAN: Let the record show he
5 misread that last statement.
6 MR. LIABO: the record will so reflect.
7 Q. Why don't you reread that sentence. Do
8 you see the sentence that begins " I didn't see
9 Tracy drink?
10 A. Yeah.
11 Q. Your testimony a moment ago was that you
12 stated in that statement, "I didn't see Tracy drink
13 any other beer." Would you reread that sentence
14 more carefully, please.
15 A. Oh. " I didn't see Tracy drink anything
16 other than beer."
17 Q. All right. Now the statement -- where
18 in the statement that you gave the Cedar Falls
19 Police did you say, I think he had one or two beers
20 on the Brooster's side.
21 A. It doesn't. It says two.
22 Q. Two beers, correct.
23 A. "I believe Tracy had two beers."
24 Q. All right. And then it says, "We went
25 over to Celebration's. I think he had two or three

Page 35
1 beers."
2 A. Total.
3 Q. Where does it say total?
4 A. "I think he had two or three beers, this
5 was for the whole night."
6 Q. Well, that's the interpretation you're
7 putting on it now, correct?
8 A. He had one or two over at Brooster's,
9 I'd say he had one or two over at Celebration's.
10 Q. Okay. That's your testimony?
11 A. Yeah, that's my testimony.
12 Q. That's not what you told the Cedar Falls
13 Police Department?
14 A. "I think he had tow or three beers, this
15 was for the whole night." I'm saying I think he
16 had two or three beers the whole night. And what
17 I'm telling you now is I think he had one or two on
18 one side, one or two on the other side, so that
19 could be three beers.
20 Q. All right. Would you agree with me
21 Mr. Young, that another way of interpreting your
22 statement to the Cedar Falls Police is that Tracy
23 had two beers on the Brooster's side and two or
24 three beers on the Celebration's side, for a total
25 of four or five beers for the night?

Page 36
1 A. No.
2 MR. Bevel: Objection. Argumentative.
3 I would ask that my objection precede his answer.
4 Q. You'd say no?
5 A. No.
6 Q. If he had had that many beer over the
7 course of the night, would your opinion or
8 impression of his sobriety be any different?
9 A. If he had four or five?
10 Q. Yes.
11 A. No, I don't think it would.
12 Q. Let's focus on say two or three on the
13 Celebration's side, and I understand that you are
14 there for about an hour. If Tracy Rokes had had
15 two or three beer on the Celebration's side in an
16 hour on top of the two that he had had over on the
17 Brooster's side, would your impression or opinion
18 of his sobriety be any different?
19 A. No. I don't think it would be.
20 Q. Would you be less certain that he was
21 not under the influence of alcoholic beverages by
22 the time he left the bar?
23 A. Say that again.
24 Q. Would you be less certain that he was
25 not under the influence?

Page 37
1 A. Yes.
2 Q. You recognize that anybody can be under
3 the influence and feeling the effects of alcohol
4 without being stumbling drunk?
5 A. Yeah.
6 Q. And you recognize that somebody can be
7 under the influence such that operating a motor
8 vehicle might be impaired and yet not be stumbling
9 drunk?
10 A. Yes.
11 Q. If he had had two or three beers on the
12 Celebration's side, would you be more concerned
13 that me might not be able to safely operate a motor
14 vehicle?
15 A. Compared to two or three?
16 Q. Yes In other words, if he had had two
17 or three beers on the Celebration's side on top of
18 the two, I'm just asking you hypothetically, okay?
19 Assuming that he had two or three beers on the
20 Celebration's side in the hour that he was there,
21 on top of two beers on the Brooster's side, would
22 you have been perhaps concerned that his ability to
23 operate a motor vehicle might be impaired?
24 A. Yeah, I would be more concerned, yeah.
25 Q. Did you ever have a conversation with

Page 38
1 Tracy Rokes about this statement that you gave the
2 Cedar Falls police?
3 A. I believe I told them I went down to
4 give a statement.
5 Q. Did you discuss it in detail? Did you
6 tell him what you had told the police?
7 A. No.
8 Q. Did you ever have a conversation with
9 Tracy Roke's lawyer in the criminal case about the
10 statement that you gave to the Cedar Falls police?
11 A. Did I tell Tracy's lawyer that I gave a
12 statement?
13 Q. Yes.
14 A. I believe I did.
15 Q. Did you discuss that statement with him?
16 A. That I don't know.
17 Q. Did you ever discuss with him what you
18 had meant by your statement, "While in the
19 Brooster's side I believe Tracy Rokes had two beers
20 and once we went over to Celebration's I think he
21 had two or three beers, this was for the whole
22 night"?
23 A. Did I talk to Tracy's lawyer about this?
24 Q. Right.
25 A. No.

Page 39
1 Q. Do you recall in the criminal case being
2 asked by Tracy Rokes's lawyer --
3 MR. BEVEL: What page?
4 MR. LIABO: Just a minute. I'll get
5 there. Let me finish; okay?
6 Q. --whether or not -- or whether you
7 observed Tracy Rokes drinking? Do you recall being
8 asked a question to that effect?
9 A. I don't know.
10 Q. Okay. I'm going to show you a
11 transcript of your testimony in that case, and I'm
12 referring to page 702.
13 MR. LIABO: Henry, do you have that?
14 Why don't you share that with Mr. Young, if you
15 would please. I appreciate it.
16 MR., BEVEL: You're welcome.
17 Q. At page 702, you were asked about
18 whether you observed Tracy Rokes drinking on the
19 Brooster's side. Do you see that?
20 A. Uh-huh.
21 Q. And you were asked at line 19, "Okay.
22 While you were there on the Brooster's side, did
23 you see Tracy Rokes consume any beer?" And your
24 answer was: "Yeah, I did." Question: "And did
25 you see -- did you keep count, or did you count or

Page 40
1 -- how many beer, if more than one, that you saw
2 him drink?" And your answer was what?
3 A. I would say one.
4 Q. Yeah. Now you were under oath at that
5 time; correct?
6 A. Uh-huh.
7 Q. Yes?
8 A. Yeah, I was.
9 Q. And you knew that your testimony was
10 going to be weighed by a Judge in determining
11 whether or not Mr. Rokes had committed a crime that
12 evening; correct?
13 A. Correct.
14 Q. You told that Judge under oath that you
15 believed that Tracy Rokes probably had one beer on
16 the Brooster's side; correct?
17 A. Yeah, I didn't.
18 Q. Did you tell the Judge that you had told
19 the police that you believed that Tracy Rokes and
20 two beers on the Brooster's side?
21 A. Yeah, I did tell the police two. Here I
22 said, "I don't know the number of he drank, I would
23 say one on the Brooster's side, but I'm not sure."
24 Like I said earlier, I didn't keep track of it, I
25 didn't keep track of -- all I can give you is an

Page 41
1 estimate.
2 Q. Did you not tell the Judge --
3 A. I told the Judge --
4 Q. Just a moment. Let me finish my
5 question. You did not tell the Judge while you
6 were there under oath in a criminal case there the
7 issue is whether or not Mr. Roles had committed a
8 crime that night, you did not tell the Judge what
9 you had told the police, that you believed
10 Mr. Rokes had two beers on the Celebration's
11 side; correct?
12 MR. BEVEL: Objection. Argumentative.
13 A. I would say -- I said I would say one,
14 but I was not sure.
15 MR. LIABO: Could you read back the
16 question, please?
17 (The reporter read the last question.)
18 A. Yeah, I told the police that he had two
19 beers over on the Brooster's side.
20 Q. So your answer is correct, your answer
21 to my question is yes?
22 A. MR. BEVEL: Objection, leading.
23 A. Yes to what? Over here I said --
24 Q. But my question -- your answer is yes to
25 my question that you didn't tell the Judge what you

Page 42
1 told the police, correct?
2 A. It's not --it's not exactly the same.
3 Q. All right. Did you ever tell the Judge
4 in that criminal case that you also observed Tracy
5 Rokes drinking on the Celebration's side?
6 MR. BEVEL: It appears to me that
7 counsel is attempting to impeach the witness and we
8 have no reference to any question that was asked in
9 the trial, at least it hasn't been placed in the
10 form of a question to this witness, where he was
11 asked a question that would have been responsive or
12 in the same - calling for the same information
13 that counsel is seeking about this time.
14 MR. LIABO: That's fine. You can go
15 ahead and answer.
16 THE WITNESS: What was the question?
17 MR. BEVEL: Do you need to have the
18 question read back to you?
19 THE WITNESS: Yeah.
20 (The reporter read the last question.)
21 A. No. I don't think anybody asked me about
22 the Celebration's side.
23 Q. Mr. Rokes's lawyer didn't ask you about
24 the Celebration's side?
25 A. Not that I -- no, they didn't ask any

Page 43
1 questions about the Celebration's side.
2 Q. Mr. Rokes's lawyer didn't ask about the
3 drinking on the Celebration's side; correct?
4 A. Correct.
5 Q. He didn't ask you to clarify and bring
6 out the fact that you'd told the police something
7 different, correct, about what he had been drinking
8 on the Brooster's side; correct?
9 A. Yeah, he didn't say anything about that.
10 Q. And for some reason, for some reason the
11 County Attorney didn't either; correct?
12 A. Correct.
13 Q. Do you know how much your wife Connie
14 had to drink that evening?
15 A. I would say none.
16 Q. She wasn't drinking at all?
17 A. No.
18 Q. And do you know why that was?
19 A. She was pregnant.
20 MR. LIABO: That's it. Thank you.
21 DIRECT EXAMINATION
22 BY MR. GALLAGHER
23 Q. I'm Mr. Gallagher and I represent the
24 passenger in the bak seat. I represent the
25 passenger in the back seat, Tammy Kleinheksel.

Page 44
1 Have you heard the name before?
2 A. Yeah, I have.
3 Q. You knew she was severely injured and
4 had to go to Iowa City?
5 MR. HELLMAN: I'm going to object. That
6 calls or speculation and conjecture on this
7 witness's part.
8 MR., BEVEL: I join the objection.
9 A. I knew she was injured.
10 Q. Did you know she went to Iowa City?
11 A. No, I didn't.
12 Q. Okay. First of all, the statement you
13 gave three days after the collision, would you
14 agree that your memory would be better three days
15 after the incident happened than it would be now
16 two years from then?
17 A. Yeah.
18 Q. And if a fact finder was trying to get
19 at, you know, your testimony, wouldn't it be fair
20 that they would probably to to the statement to try
21 to get what actually happened?
22 MR. BEVEL: Objection. It calls for
23 speculation.
24 A. Yeah, I would say, yeah.
25 Q. And you yourself believe the statement

Page 45
1 was accurate, don't you?
2 A. Yeah, I do.
3 Q. Okay. One of the things, when you
4 mentioned the beer that was consumed that night.
5 was that beer that was consumed after everybody got
6 there? When you said down at the last paragraph
7 Mr. Liabo was asking you about, that was beer that
8 was consumed after everybody got there, wasn't it?
9 A. Yeah.
10 Q. Okay. And Tracy had already had one
11 beer before the Brauns got there, isn't that right?
12 A. He probably had ordered one. I don't
13 know if he had had one.
14 Q. Okay. Why don't you go to the third
15 part of your statement which you testified is
16 probably more accurate than your memory today. You
17 said, "While waiting for the Brauns I believe Tracy
18 Rokes had one beer." Do you see that?
19 A. Okay. Yeah.
20 Q. So is it fair then that, as you just
21 told me, when you were testifying as to the matter
22 of beer, the number of beers that Rokes had, he had
23 had one before everybody got there, according to
24 your statement?
25 A. Yeah.

Page 46
1 Q. Okay. Now you went to pharmacy school
2 in Iowa City?
3 A. No.
4 Q. Where?
5 A. South Dakota State.
6 Q. Okay. You work at Walgreen's out at
7 University?
8 A. Yeah.
9 Q. While in pharmacy school, did you study
10 at any time the effects of alcohol on judgment and
11 memory and that kind of thing?
12 A. Yeah.
13 Q. So you know, don't you , from your study
14 that you don't have to be intoxicated and failing
15 down drunk to have your judgment impaired, isn't
16 that right?
17 A. Yeah.
18 Q. And you can have your judgment impaired
19 while drinking a lot less alcohol than you would to
20 be intoxicated; correct?
21 MR. BEVEL: Objection. Vague.
22 A lot less? I'd say less.
23 Q. Okay. That's fairy. So a person with
24 four or five beers would have their judgment
25 impaired, wouldn't you agree?

Page 47
1 A. Yes, I would say from normal.
2 Q. And that evening your wife testified
3 that she drove home because had been drinking;
4 correct?
5 A. Correct.
6 Q. And she hadn't had anything to drink?
7 A. Correct.
8 Q. And you'd had what, about the same
9 number of beers Tracy had?
10 A. Yeah, I would say.
11 Q. Okay. So because of your condition,
12 your wife said, "I'll drive." isn't that about
13 right?
14 A. Yeah. There was no reason why -- I
15 mean, she would drive if I had one or two beers,
16 yeah.
17 Q. So she drove because you'd had the
18 number of beers that Tracy had, right?
19 A. I don't remember the number. She drove
20 because, yeah, I had been -- I had drank some
21 beers.
22 Q. Okay. And you just told me that you
23 drank the number of beers that Tracy had, you
24 think; right?
25 A. Yeah.

Page 48
1 Q. Was there any entertainment that night
2 other than the band?
3 A. Not that I can recall.
4 Q. Okay. And you guys were watching a
5 baseball game, is that right?
6 A. On the Brooster's side.
7 Q. Okay. And you went over to
8 Celebration's after the game was over?
9 A. I don't know if the game was over.
10 MR. GALLAGHER: I don't think I have any
11 other questions.
12 DIRECT EXAMINATION
13 BY MR. HELLMAN
14 Q. Mr. Young, my name is Jim Hellman and
15 I'm representing the Farrell estate as a defendant
16 in this case, the estate of the young lady that
17 died as a result of the accident. I jut want to
18 follow up on one area.
19 When you were earlier describing your
20 relationship with Tracy Rokes, you had mentioned
21 that you had been on some trips with the Rokeses,
22 is that correct?
23 A. Yeah.
24 Q. Can you tell me when and where you'd
25 been?

Page 49
1 A. We had been to Dallas and Minneapolis.
2 And I thing that's about it. Oh, Chicago, we'd
3 bee to Chicago, before.
4 Q. Were these social or vacation-type
5 meetings?
6 A. Well, Dallas what we went down to was
7 for a football game.
8 Q. Who went to the football game?
9 A. Me and Connie and Delonna and Tracy.
10 Q. A Cowboy's game?
11 A. Yeah.
12 Q. Okay.
13 A. and the other tow, to Chicago we went to
14 a Fourth of July celebration, and Minneapolis, I
15 don't know why we went there.
16 Q. And have any of those trips to Dallas or
17 Minneapolis or Chicago been taken since the
18 accident occurred?
19 A. That I don't know. Dallas might have
20 been, but I'm not sure.
21 MR. HELLMAN: All right. That's all I
22 have. Thank you.
23 MR. BEVEL: I don't have any questions.
24 MR. Liabo: That's it. Thank you.|
25 (Deposition concluded at 11:20 a. m.)

updated 01/21/17