DAVID ZARIFIS
CRIMINAL TRIAL

See also: David Zarifis CFPD Report


(Pages 766-789

9 MR. CORRELL: I'll call my first witness.

 

10 DAVID JOSEPH ZARIFIS

11 called as a witness on behalf of the defendant, being

12 first duly sworn by the court, was examined and testify

13 as follows:

 

14 COURT: Mr. Correll?

 

15 MR. CORRELL: May I arrange an exhibit

16 please?

 

17 COURT: Okay.

 

18 MR. CORRELL: (Complied.)

 

19 DIRECT EXAMINATION

 

20 BY MR. CORRELL:

 

21 Q. Will you state your name, please.

 

22 A. David Joseph Zarifis, Z-A-R-I-F-I-S.

 

23 Q. And what is your address, sir?

 

24 A. 4119 Southlawn Road, Cedar Falls, Iowa.

 

25 Q. Where are you employed?

 

 

770

 

1 A. University of Northern Iowa.

 

2 Q. And in what capacity are you employed at the

3 University of Northern Iowa?

 

4 A. I'm the associate director of public safety

5 at the University.

 

6 Q. And for how long a period of time have you

7 been the -- with the University of Northern Iowa

8 security?

 

9 A. Nine years.

 

10 Q. And in the -- as a security -- is it a

11 security officer; would that be correct?

 

12 A. Public safety officer.

 

13 Q. As a public safety officer, are you, in fact,

14 certified as a law enforcement officer in the state of

15 Iowa?

 

16 A. Yes.

 

17 Q. And you have had that designation for how

18 many years, sir?

 

19 A. As a certified peace officer?

 

20 Q. Yes.

 

21 A. Twenty-one.

 

22 Q. Would you indicate, sir, are you a high

23 school graduate?

 

24 A. Yes.

 

25 Q. And after high school, did you serve in the

 

771

1 service?

 

2 A. Yes.

 

3 Q. And in what branch of the service did you

4 serve?

 

5 A. Marine Corps.

 

6 Q. After the Marine Corps, were you employed in

7 law enforcement?

 

8 A. Yes.

 

9 Q. What city or what branch of the law

10 enforcement community were you employed?

 

11 A. Cedar Falls Police Department.

 

12 Q. And for what years were you employed as a

13 Cedar Falls police officer?

 

14 A. 1970 to 1979.

 

15 Q. After you left the Cedar Falls Police

16 Department, where did you go as far as employment?

 

17 A. John Deere security.

 

18 Q. And for how long were you with John Deere

19 security?

 

20 A. About three and a half years.

 

21 Q. And then is that when you went to the

22 University of Northern Iowa?

 

23 A. No.

 

24 Q. Tell us where you went then.

 

25 A. I was employed by the inspector general,

 

772

 

1 Department of Human Services as a special investigator

2 for government entitlement fraud.

 

3 Q. Okay. And for how long were you with that

4 department?

 

5 A. Approximately five years.

 

6 Q. And then where did you go?

 

7 A. University of Northern Iowa.

 

8 Q. Would you tell us very briefly what type of

9 job responsibilities you have with the University of

10 Northern Iowa?

 

11 A. Basically public safety operations, field

12 units, shift review, records, communications and parking.

 

13 Q. Were you given a subpoena regarding your

14 testimony here today?

 

15 A. Yes.

 

16 Q. Have you previously provided law enforcement

17 a copy of -- of a report that you wrote in this matter?

 

18 A. Yes.

 

19 Q. With regard to where you live, could you

20 first turn around and familiarize yourself with that

21 aerial photo which has been marked and received into

22 evidence as State's Exhibit "A". Do you recognize there

23 the intersection of Greenhill Road and Highway 58?

24 A. Yes.

 

25 Q. Now, over in the right-hand corner of that,

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1 do you see a street that is in Cedar Falls that is known

2 as South Main Street?

 

3 A. Yes.

 

4 Q. And would you stand and point where South

5 Main Street is, please.

 

6 A. (Complied.)

 

7 Q. And if you go past Greenhill Road on South

8 Main, do you know where that -- where that goes to?

 

9 A. Are you referring this way?

 

10 Q. Yes, sir.

 

11 A. It would be a dead end down this way.

 

12 Q. Does that Exhibit "A" show close -- the close

13 proximity, if not exactly, where you live?

 

14 A. Yes.

 

15 Q. And by making reference to Exhibit "A", would

16 you show where your home is?

 

17 A. It would be off the map, but it would be over

18 in this area over here.

 

19 Q. About how many blocks would it be to the east

20 is your residence from South Main?

 

21 A. Three.

 

22 Q. You can have a seat again, if you would,

23 please.

 

24 A. (Complied.)

 

25 Q. Mr. Zarifis, on Friday, October 4, 1996,

774

 

1 shortly before 11 o'clock, did you have an occasion to

2 leave your residence?

 

3 A. Yes.

 

4 Q. And when you left your residence, what route

5 did you take?

 

6 A. I traveled on Southlawn and came out onto

7 South Main, would be this street right here, and then

8 turned south, headed this way heading towards the west

9 from the intersection of Greenhill and South Main.

 

10 Q. Okay. And what was your purpose in leaving

11 your home at that time?

 

12 A. My -- my boy, excuse me, works at the Ryder

13 shop out in the Cedar Falls Industrial Park, and I was

14 picking him up.

 

15 Q. And what time does your boy get off work --

 

16 A. 11 o'clock --

 

17 Q. -- at that time?

 

18 A. 11 o'clock.

 

19 Q. And was it your intent to be there by the

20 time he got off work?

 

21 A. Or shortly after, yes.

 

22 Q. Okay. When you -- by again making reference

23 to the Exhibit "A", would you show, just by movement of

24 your finger, the routes that you would have intended to

25 take to go pick up your son at the Ryder business?

 

775

 

1 A. Would have come off of this street onto South

2 Main, turned onto Greenhill and then onto 58 this way.

 

3 Q. And is -- is it down 58 several miles

4 approximately until you get to the Industrial Park?

 

5 A. I would say, yes.

 

6 Q. When you are -- got to the intersection of

7 South Main and Greenhill Road, is there a light at that

8 intersection?

 

9 A. Yes.

 

10 Q. Do you happen to recall what that light was

11 showing at the time you got to that intersection?

 

12 A. I -- I don't recall at the exact time whether

13 it was flashing or solid red. I always stop and made a

14 right-hand turn.

 

15 Q. As you went on that right -- after you made

16 that right-hand turn, you would then be proceeding in a

17 westerly direction on Greenhill Road; would that be

18 correct?

 

19 A. Yes.

 

20 Q. And as you -- do you come down a hill, a bit

21 of a grade on Greenhill Road there?

 

22 A. Yes.

 

23 Q. As you approached the intersection of

24 Greenhill and Highway 58, what did you observe?

25 A. A number of vehicles parked along this way,

 

776

 

1 and as I got to the intersection, there was a tan

2 colored, I believe it was a Toyota four-by-four, and then

3 a vehicle sitting into the ditch facing the north.

 

4 Q. Okay. And did it appear to you that those

5 two vehicles that you just described had been in an

6 automobile accident?

 

7 A. Yes.

 

8 Q. Did you actually see that accident take

9 place?

 

10 A. No.

 

11 Q. When you -- what did you do as far as where

12 did you park, if you did?

 

13 A. When I made the -- the right-hand turn, I

14 parked approximately in this area right here.

 

15 Q. Okay. And when you say right-hand, I mean,

16 that would have actually been a left-hand turn on

17 Green --

 

18 A. Left-hand, excuse me. Yes.

 

19 Q. And you would have parked so you were in the

20 southbound lane of Highway -- or the south traveled

21 portion of Highway 58; would that be correct?

 

22 A. I was on the shoulder, yes.

 

23 Q. Okay. At the time you got there, were the

24 ambulances or fire department people there?

 

25 A. No.

777

 

1 Q. And in Cedar Falls when there is a personal

2 injury accident, if you know, do both paramedics and fire

3 department people go to those scenes?

 

4 A. I believe so.

 

5 Q. After -- what did you do once you parked your

6 car on the shoulder of Highway 58?

 

7 A. Exited and checked with the people who were

8 already on the scene to find out if anybody was injured.

 

9 Q. And were those civilian people or law

10 enforcement people that you first checked with?

 

11 A. I'm assuming civilian. I did not speak with

12 them, but they were around the vehicle.

 

13 Q. And they weren't dressed in uniform; is that

14 correct?

 

15 A. No.

 

16 Q. Did you go to either of the -- out to either

17 of those vehicles yourself?

 

18 A. No.

 

19 Q. Did you -- after checking with those

20 people -- those civilian people around the car, then what

21 did do you?

 

22 A. I asked if anybody was hurt. They said yes.

23 I went back to my van and called back to the Department

24 of Public Safety to make sure that the information had

25 been received and that there was additional assistance on

 

778

 

1 the way.

 

2 Q. And, obviously, then you had some -- was

3 it -- what kind of a device did you have in your car to

4 make that communication?

 

5 A. Car phone.

 

6 Q. And at that point in time, what did you

7 learn, if anything, about whether help was on the way?

 

8 A. It was indicated that there was assistance on

9 the way.

 

10 Q. What did you do then after you made that

11 call?

 

12 A. Exited the van.

 

13 Q. And you're speaking of your van?

 

14 A. Yes.

 

15 Q. And in your van, when did you -- what did you

16 then do?

 

17 A. Went back approximately to this area, checked

18 and saw that there were people providing assistance to

19 the vehicle, I believe it was a blue vehicle that was

20 facing north into the ditch, appeared to be three, maybe

21 four people inside that vehicle. There were people

22 rendering assistance to them at that time. So I then

23 looked towards the median and saw two people standing

24 there, so I went over to see if I could provide them any

25 assistance.

 

779

 

1 Q. And would you show with your finger, by

2 making reference to Exhibit "A", where it was that those

3 two people were standing on the median?

 

4 A. Well, just from my recollection, I'd say

5 about where the circle was. It was somewhere right in

6 here.

 

7 Q. And did -- do you now know who those two

8 people were that you went to?

 

9 A. It's my understanding it was Mr. Tracy Rokes

10 and his wife.

 

11 Q. Did you know either of those two people

12 before that?

 

13 A. No.

 

14 Q. Have you met either of those two people since

15 then?

 

16 A. No.

 

17 Q. Do you recognize the man to my immediate

18 left?

 

19 A. Yeah. I believe he was the gentleman.

 

20 Q. Okay. And what was your purpose of going

21 over to that median?

 

22 A. To check on his condition and her condition,

23 make sure that they were okay.

 

24 Q. Did -- that would have required you obviously

25 to walk across the roadway; is that -- would that be a

 

780

 

1 fair statement, Highway -- Greenhill Road?

 

2 A. Yes.

 

3 Q. Did you go up to them when you got there?

 

4 A. Yes.

 

5 Q. How -- what did you observe about their

6 posture or their standing when you approached them?

 

7 A. Yes.

 

8 Q. What -- was there any difficulty as far as

9 posture or standing when you observed them?

 

10 A. Not to my knowledge, nothing that was

11 significant.

 

12 Q. Did you engage them in conversation?

 

13 A. Yes.

 

14 Q. And when you engaged them in conversation,

15 what did you ask them?

 

16 A. If they were okay.

 

17 Q. And what did Mr. Rokes say in response to

18 that question?

 

19 A. He said he was okay and then asked about the

20 people in the vehicle, in the other vehicle, if they were

21 okay.

 

22 Q. What were his words, to the best of your

23 recollection?

 

24 MR. WADDING: I'm going to object, Your

 

25 Honor. Calls for hearsay.

781

 

1 COURT: Overruled.

 

2 A. He asked if -- if the people -- I asked him

3 if he was okay. He had some blood from his head, so I

4 asked if he was okay, whether he needed to sit down. He

5 indicated, I'm okay. How are the people in the other

6 vehicle?

 

7 Q. When you had this conversation with Mr.

8 Rokes, did you notice any sign or odor of alcohol coming

9 from his person?

 

10 A. No.

 

11 Q. When you were -- had this communication with

12 him, did you see any signs that caused you to formulate

13 an opinion that Mr. Rokes was at that time under the

14 influence of alcohol?

 

15 A. No.

 

16 Q. Had you seen such signs, what would you have

17 done?

 

18 MR. WADDING: I'm going to object, Your

19 Honor. Calls for speculation.

 

20 COURT: Sustained.

 

21 Q. At that point in time or shortly thereafter,

22 you had that conversation with Mr. Rokes, did other

23 people from law enforcement start to arrive at the scene?

 

24 A. Yes.

 

25 Q. And were any of those people people that you

782

 

1 knew by name based on the fact that you used to work at

2 the Cedar Falls Police Department?

 

3 A. Yes.

 

4 Q. And who were those officers?

 

5 A. Sergeant Liljegren was the first officer that

6 I spoke with on the scene.

 

7 Q. Can you spell his name for the reporter,

8 please.

 

9 A. L-I-L-I-G-R-E-N is the best I can do.

 

10 Q. Okay. Was there ever a female officer that

11 you observed in uniform that came to this scene after you

12 got there?

 

13 A. Yes.

 

14 Q. And do you know her by name?

 

15 A. I believe it was Venenga, but I'm not sure.

 

16 I --

 

17 Q. After you left -- or, excuse me. When you

18 were approaching and talking to Mr. Rokes, was his wife

19 beside him?

 

20 A. I'm assuming it was his wife. I didn't know

21 who it was. There was a female with him.

 

22 Q. And in what direction were they looking as

23 you approached them?

 

24 A. South.

 

25 Q. And were they looking in the direction of the

 

783

 

1 vehicle that contained the other people?

 

2 A. Yes.

 

3 Q. What did you do after you completed your

4 conversation and left them, then what did you do?

 

5 A. My concern was that the scene be protected

6 and that no additional accidents occur as a result of

7 this. There was some oncoming traffic, tried to direct

8 that traffic through the scene. There was a lot of

9 debris. I didn't want another accident to occur.

 

10 Q. Okay. Approximately what time would it have

11 been that you left that scene, sir?

 

12 A. My best guess is 11:15, 11:16, somewhere in

13 that area, between that.

 

14 Q. And then did you proceed -- where did you go?

 

15 A. To pick up my son at the Ryder shop.

 

16 Q. And when you picked him up, did you go back

17 that same way that you went to go get him?

 

18 A. Yes.

 

19 Q. And on the way back, did you notice the

20 investigation continuing at that time?

 

21 A. Yes. There was quite a bit of emergency

22 equipment there.

 

23 MR. CORRELL: That's all the questions I

 

24 have, Your Honor.

 

25 COURT: Mr. Wadding?

 

 

784

 

1 MR. WADDING: Thank you.

 

2 CROSS-EXAMINATION

 

3 BY MR. WADDING:

 

4 Q. Did you form any opinion as to the

5 defendant's state of sobriety?

 

6 A. No.

 

7 Q. So you didn't form an opinion that he was

8 intoxicated or wasn't intoxicated?

 

9 A. That's correct, I didn't.

 

10 Q. How long would you say that you spent with

11 the defendant?

 

12 A. At the most maybe three minutes.

 

13 Q. And is that the extent of the conversation

14 that you've just testified to, I'm okay, how are the

15 people in the other car?

 

16 A. Pretty much, yes.

 

17 Q. And when -- did you make an -- can you

18 describe what your priority is at the scene when you are

19 there?

 

20 A. Well, when I initially arrived, I saw that

21 there were other people around the vehicle. I wanted to

22 make sure that they were getting assistance and make sure

23 everybody was out of the roadway and then to ensure that

24 additional assistance or assistance had been called to

25 get to the scene. First is to get the emergency people

 

785

 

1 rolling, and the second is to protect the scene so no

2 additional accidents occur as a result.

 

3 Q. And so safety was your priority?

 

4 A. Absolutely.

 

5 Q. You indicated that you gave a statement to

6 the Cedar Falls Police Department; is that correct?

 

7 A. Yes, I provided them a statement.

 

8 Q. Okay. And do you recall describing the time

9 of your leaving your residence at -- as being at

10 approximately 11 p.m.?

 

11 A. Yes.

 

12 Q. And was it -- is that accurate?

 

13 A. Yes. It was somewhere right in that

14 vicinity. I know that my -- I had received a call from

15 my boy, he was ready, and that was about maybe five

16 minutes to 11, so it was some time within that time

17 frame, not much further off.

 

18 Q. And your son had called you and asked you to

19 come pick him up?

 

20 A. Yes.

 

21 Q. And he usually got off at 11 o'clock?

 

22 A. Yes.

 

23 Q. Do you remember the condition of the signals

24 at the time that you approached, or at the time that you

25 were at Highway 58 and Greenhill Road?

786

 

1 A. What mode they were in?

 

2 Q. Yes.

 

3 A. Flashing red for the east/west.

 

4 Q. Did you notice lights for the north/south?

 

5 A. Yellow.

 

6 Q. Flashing as well?

 

7 A. Yes.

 

8 Q. Are you familiar with that intersection?

 

9 A. Yes.

 

10 Q. And do you know approximately -- do you know

11 what time they go to flashing mode?

 

12 A. No, I don't know the exact time.

 

13 Q. And when you turned from Main onto Greenhill

14 Road, can you see the intersection of Highway 58 and

15 Greenhill Road from the time that you turn off Main?

 

16 A. Yes.

 

17 Q. And --

 

18 MR. WADDING: May I approach, Your Honor?

 

19 COURT: You may.

 

20 Q. Does this bend -- this small bend in the road

21 going -- I believe that would be westbound --

 

22 A. Uh-huh.

 

23 Q. -- toward the intersection. Does that cause

24 you any kind of obstruction in seeing that intersection?

 

25 A. No.

 

787

 

1 Q. Pretty open area?

 

2 A. Yes.

 

3 Q. And do you know how many traffic control

4 devices -- or traffic signals are facing the westbound

5 traffic on Greenhill Road?

 

6 A. How many individual lights?

 

7 Q. Yes.

 

8 A. The best of my recollection, I think there's

9 three.

 

10 Q. And when you approached the defendant and the

11 female that was with him, is it your testimony that you

12 did not make any observation of an odor of alcohol?

 

13 A. Correct.

 

14 Q. Did not make an observation of an odor of

15 alcohol off the female as well?

 

16 A. No.

 

17 Q. So you didn't notice on either one of them

18 any alcohol odor?

 

19 A. Huh-uh.

 

20 MR. WADDING: Okay. I don't have any further

21 questions. Thank you.

 

22 COURT: Mr. Correll?

 

23

 

24

 

25

 

 

788

 

1 REDIRECT EXAMINATION

 

2 BY MR. CORRELL:

 

3 Q. Mr. Zarifis, when Mr. Rokes spoke to you, did

4 he in any fashion slur his words?

 

5 A. Not to my recollection.

 

6 Q. Were his responses to your questions and your

7 inquiries, were they coherent and appropriately

8 responsive?

 

9 A. Yes.

 

10 MR. CORRELL: That's all. Thank you.

 

11 COURT: Mr. Wadding?

 

12 RECROSS-EXAMINATION

 

13 BY MR. WADDING:

 

14 Q. Well, how many questions did you ask him?

 

15 A. Probably two. I asked him if he was okay,

16 and I asked him if he needed to sit down.

 

17 MR. WADDING: That's all. Thanks.

 

18 COURT: Anything further?

 

19 MR. CORRELL: Nothing, Your Honor.

 

20 COURT: Thank you. Next witness, Mr.

 

21 Correll?

 

22

 

23

 

24

 

25

updated 12/15/16