Fred Butler - Full

FRED BUTLER 4/30/2015

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334MIDWEST LITIGATION SERVICES

1 IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI

2

3 ROBERT J. DOTY and JOYCE DOTY, )

)

4 Plaintiffs, )

) Case No.

5 vs. ) 13CO-CC00004-01

)

6 JOHN J. LUSCOMBE and MARTHA SMITH, )

)

7 Defendants. )

8

9 DEPOSITION OF FRED BUTLER

Taken on behalf of the Defendants

10 April 30, 2015

11 Julie K. Kearns, CCR 993

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1 QUESTIONS BY: PAGE

2 Mr. Blaylock 5

3 Mr. Kempton 34

4 Mr. Blaylock 51

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7 INDEX OF EXHIBITS

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10 1 - Previously marked photograph 37






16 15 - Previously marked exhibit 13

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18 (Whereupon the exhibits were retained by

19 counsel.)

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1 IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI

2

3 ROBERT J. DOTY and JOYCE DOTY, )

)

4 Plaintiffs, )

) Case No.

5 vs. ) 13CO-CC00004-01

)

6 JOHN J. LUSCOMBE and MARTHA SMITH, )

)

7 Defendants. )

8

9 DEPOSITION OF FRED BUTLER, produced, sworn, and

10 examined on the 30th day of April, 2015, between the hours

11 of two o'clock in the afternoon and three-thirty in the

12 afternoon of that day, at Kempton and Russell, LLC, 114

13 East 5th Street, Sedalia, Missouri, before Julie K.

14 Kearns, a Certified Court Reporter within and for the

15 State of Missouri, in a certain cause now pending before

16 the Circuit Court of the County of Pettis in the State of

17 Missouri, wherein ROBERT J. DOTY and JOYCE DOTY are the

18 Plaintiffs, and JOHN J. LUSCOMBE and MARTHA SMITH are the

19 Defendants.

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1 A P P E A R A N C E S

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3 For the Plaintiffs:

4 T. Brody Kempton, Esq.

KEMPTON AND RUSSELL

5 114 East 5th Street

Sedalia, Missouri 65302-0815

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7 For the Defendants:

8 Jeffrey H. Blaylock, Esq.

FORD, PARSHALL & BAKER

9 3210 Bluff Creek Drive

Columbia, Missouri 65201

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11 The Court Reporter:

12 Ms. Julie K. Kearns

Midwest Litigation Services

13 3432 West Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

14 (573)636-7551

15 ALSO PRESENT: John J. Luscombe

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1 IT IS HEREBY STIPULATED AND AGREED, by and

2 between counsel for the parties, that this deposition may

3 be taken in shorthand by Julie K. Kearns, a Certified

4 Court Reporter, and afterwards transcribed into

5 typewriting; and the signature of the witness is expressly

6 reserved.

7 * * * * *

8 (Deposition started at 2:13 P.M.)

9 FRED BUTLER,

10 of lawful age, being produced, sworn and examined on

11 behalf of the Defendants, deposes and says:

12 EXAMINATION

13 QUESTIONS BY MR. BLAYLOCK:

14 Q. Mr. Butler, could you state your full name,

15 please?

16 A. Fred Warren Butler.

17 Q. And what is your current address, sir?

18 A. 104 Marshall Street, Nelson, Missouri.

19 Q. How long have you lived there, sir?

20 A. Thirty years.

21 Q. Okay. You understand that you're here today to

22 give a deposition in a lawsuit that Bob and Joyce Doty

23 have filed against John Luscombe and Martha Smith?

24 A. Yes.

25 Q. And just to be fair, you're appearing here today



1 pursuant to a subpoena that your attorney agreed to accept

2 on your behalf; is that correct?

3 A. Yes.

4 Q. And that attorney is Danny Miller, correct?

5 A. Yes.

6 Q. And he's aware you're here today?

7 A. Yes.

8 Q. And I just want to make sure that you are

9 agreeable to proceeding here today --

10 A. Yeah.

11 Q. -- without Mr. Miller's presence.

12 A. Yes.

13 Q. Okay. What is your date of birth, sir?

14 A. 6-18-62.

15 Q. And what is your level of education?

16 A. Tenth.

17 Q. Tenth grade?

18 A. Yes.

19 Q. And where did you attend tenth grade?

20 A. Slater High.

21 Q. And Slater High School?

22 A. Yes.

23 Q. Slater, Missouri, I would assume?

24 A. Yes.

25 Q. Okay. You know John Luscombe?



1 A. Yes.

2 Q. And you know Martha Smith?

3 A. Yes.

4 Q. At one point in time did you work on the farm

5 where John operates a dairy operation?

6 A. Yes.

7 Q. Do you recall what period of time you worked

8 there?

9 A. No.

10 Q. A number of years?

11 A. Yes.

12 Q. You last worked there in -- would it have been

13 2013; does that sound right?

14 A. Yes.

15 Q. Okay. What is it that you did on the farm

16 there?

17 A. Milked cows, fed, farm.

18 Q. Did you have any particular days of the week

19 that you worked?

20 A. Mondays, Wednesdays, Thursdays, off Fridays and

21 Saturdays, I believe that's right.

22 Q. You did work Saturdays?

23 A. No.

24 Q. Did not. Okay. So you worked Monday, Wednesday

25 and Thursday?



1 A. Yes.

2 Q. Was there anyone else besides you and John and

3 Martha who worked at the farm that you know of?

4 A. There was a guy would come in two days a week.

5 Q. Do you remember that person's name?

6 A. Wayne Atkins.

7 Q. Okay. And do you know what days Wayne came in?

8 A. Tuesdays and Fridays.

9 Q. And would Wayne do the same -- as far as you

10 know, if you know, would Wayne do the same things on

11 Tuesdays and Fridays that you did Monday, Wednesday and

12 Thursday?

13 A. No.

14 Q. What would Wayne do?

15 A. Milk.

16 Q. He wouldn't engage in those other activities

17 besides milking that you did, correct?

18 A. No.

19 Q. Other than milking, you mentioned fed cattle.

20 You had to tend to the cattle during the winter months

21 when they were being fed hay, correct?

22 A. Yes.

23 Q. And then you said farmed. That's a pretty broad

24 category. What sort of specific things would that

25 include?



1 A. Disking, help with the hay, operating the

2 tractor.

3 Q. Okay. Mowing?

4 A. Yes.

5 Q. You'd rake hay for baling?

6 A. Yes.

7 Q. Would you -- did John have his own baler?

8 A. Yes.

9 Q. And would you operate the baler?

10 A. No.

11 Q. Who did that?

12 A. John.

13 Q. John. He wouldn't let anyone else do that, huh?

14 Okay. You'd help haul the hay in, I would assume?

15 A. Yes.

16 Q. Mend fences?

17 A. Yes.

18 Q. Brush hog pastures?

19 A. Yes.

20 Q. Cut firewood?

21 A. Yes.

22 Q. Anything else that you can think of that you

23 would do on a regular basis there at the farm?

24 A. No.

25 Q. How long have you worked around cattle,



1 Mr. Butler?

2 A. Since I was about ten years old.

3 Q. Did the -- did your family have cattle?

4 A. No.

5 Q. You worked for other people who owned cattle?

6 A. Yes.

7 Q. And is that something that you've done on a more

8 or less continuous basis since you were about ten years

9 old?

10 A. Yes.

11 Q. On and off?

12 A. Yes.

13 Q. During the entire time that you worked with

14 John, did he have dairy cattle?

15 A. Yes.

16 Q. And during that entire time, did John have a

17 bull or bulls with the dairy cattle?

18 A. Yes.

19 Q. Have you worked around both beef and dairy

20 cattle, Mr. Butler?

21 A. Yes.

22 Q. Had you worked with dairy cattle before you

23 worked at John's farm?

24 A. No.

25 Q. So your experience with dairy cattle would be



1 limited to the time that you worked at the Luscombe farm?

2 A. Yes.

3 Q. Okay. Were you working for John when he

4 acquired a bull that I think has sometimes been referred

5 to as Goldie?

6 A. Yes.

7 Q. Do you recall when that bull was acquired?

8 A. No.

9 Q. You talked about the milking process. Tell me

10 what you would do -- well, first of all, what time of day

11 would you milk the cows typically?

12 A. 8:30, 9.

13 Q. So try to get it done in the morning?

14 A. Yes.

15 Q. And what would you do, then, from start to

16 finish during this milking process on the days that you

17 worked there?

18 A. You would clean the unit.

19 Q. When you say the unit, what are we talking

20 about?

21 A. Supply line.

22 Q. And that would be the line leading from the

23 milking machines to the reservoir where the milk is kept?

24 A. Yes.

25 Q. Okay. So you'd clean that. What else, then,



1 would you do?

2 A. Then you would put the feed in and then go get

3 the cows and bring the cows in.

4 Q. When you say go get the cows, where would the

5 cows be before you brought them in for milking?

6 A. Oh, there was various pastures that they would

7 be moved to from time to time.

8 Q. So when you would bring the cows in from

9 whatever pasture they might have been in, would you have

10 to drive them or could you call the cattle in?

11 A. Drive them.

12 Q. Were they generally cooperative?

13 A. Yes.

14 Q. And during the time that you were doing this

15 after John had acquired Goldie, was the bull generally

16 with the cattle that were being milked?

17 A. Yes.

18 Q. And is it correct to state that not all of the

19 cattle on the farm would be milked every day; is that

20 true?

21 A. That's a fair statement.

22 Q. Where would you keep the cattle that weren't

23 being milked?

24 A. They would be on the other side of the farm or

25 maybe next pasture over.



1 Q. So those cows would not be kept with the cows

2 that were being milked?

3 A. Right.

4 Q. Did -- at any given time, what would be the

5 number of cows that you'd be milking on a daily basis?

6 And I realize it might vary, but generally speaking.

7 A. Twenty to 25.

8 Q. And so you would -- you said you would bring the

9 cattle up. Where would you bring them to?

10 A. To a holding pen at the barn.

11 Q. Let me show you, Mr. Butler, what we've

12 previously marked as Deposition Exhibit 15. And I'll just

13 represent to you that's a sketch, it's not necessarily to

14 scale, but does Exhibit 15 show the general layout of the

15 milking barn and the holding pen?

16 A. Yes.

17 Q. Okay. And, in fact, there's an area labeled

18 holding pen.

19 A. There.

20 Q. Is that the area you would bring the cows into

21 each morning when you milked them?

22 A. Yes.

23 Q. And would that be on the east side of the milk

24 parlor?

25 A. Yes.



1 Q. And there's -- I see there's a dotted line that

2 goes from the holding pen through the milk barn to the

3 west side and around. Is the area where that dotted line

4 on Exhibit 15 goes the area where the cows would go when

5 you would milk them?

6 A. Yes.

7 Q. And on -- when you would bring the cattle into

8 the holding pen, was the bull, Goldie, generally with the

9 cows?

10 A. Yes.

11 Q. What would you do with Goldie while you were

12 milking the cows?

13 A. He would stand in the holding pen.

14 Q. Would -- would you feed him or give him some

15 grain, perhaps, while the cows were being milked?

16 A. After the rest of them were milked, he was

17 allowed to enter the milk parlor.

18 Q. Okay. So were you able to milk all the cows at

19 one time?

20 A. No.

21 Q. Explain what you would do.

22 A. Goldie would stand in the holding pen with the

23 other -- with five cows because I believe there's -- it

24 varies from time to time, depending on what the weight of

25 the cows were, but he would be out here with them.



1 Q. Okay.

2 A. And you would milk your -- whatever was left.

3 Q. Okay.

4 A. And when you got those milked, you would let --

5 leave the door open, put some feed in for him, leave the

6 door open and he would go in and eat.

7 Q. And then would the remaining cows go in with him

8 that still needed to be milked?

9 A. No, you would milk the remaining cows and then

10 let him in.

11 Q. Okay. And is there a gate between the holding

12 pen and the area where you milk the cows?

13 A. Yes.

14 Q. And would that gate be shut while you were

15 milking cows while Goldie was still in the holding pen?

16 A. Yes.

17 Q. So Goldie would be by himself at some point

18 during the procedure while the last of the cows were being

19 milked?

20 A. Yes.

21 Q. And then to move Goldie out, then he would also

22 walk through the milk parlor or milk room, whatever you

23 called it?

24 A. No.

25 Q. Where would you let Goldie out?



1 A. He would come back through the holding pen.

2 Q. Okay.

3 A. And out a gate.

4 Q. The same way you brought him in?

5 A. Yes.

6 Q. Okay. And whereas the other cattle would come

7 out the west side of the milk barn?

8 A. Yes.

9 Q. Okay. So you would have been -- would it have

10 been the case that you were in the holding pen with the

11 cows while Goldie was with those cows every time you

12 milked the cows?

13 A. Yes.

14 Q. And you would have to be in there with him,

15 let's see, the first time, I guess, when you drove the

16 cows in initially?

17 A. Yes.

18 Q. And then would you have to go back into the

19 holding pen while Goldie was there with cows in order to

20 bring the remaining cows in?

21 A. Yes.

22 Q. During -- would you say that would have been

23 hundreds of times that that happened?

24 A. Yes.

25 Q. During any of those occasions, did Goldie ever



1 act in an aggressive fashion towards you?

2 A. No.

3 Q. Did he ever hurt you?

4 A. No.

5 Q. Are you aware of any occasion before Bob Doty

6 got hurt that the bull injured anybody?

7 A. No.

8 Q. Did you ever see the bull act aggressively

9 before Bob Doty got hurt?

10 A. No.

11 Q. I'd like to direct your attention to an incident

12 that occurred on August 30 of 2012. On that day, I'll

13 just represent to you that's the day that Bob Doty was

14 injured on the farm. Do you remember that?

15 A. Yes.

16 Q. You were there?

17 A. Yes.

18 Q. Do you recall what you were doing that day?

19 A. Regular milking. At the point that he got hurt,

20 we were ear tagging cows.

21 Q. Okay. So on August 30, you'd already milked the

22 cows; is that correct?

23 A. Yes.

24 Q. After you milked the cows, what did you do with

25 them? Did -- where did you take them is my question?



1 A. I believe back around to the holding pen.

2 Q. Okay. And did Goldie come up with the cows as

3 he normally did that day?

4 A. Yes.

5 Q. Did you let -- do you remember if you let Goldie

6 out of the holding pen after the cows were milked or did

7 he remain in the holding pen?

8 A. He remained in.

9 Q. And during that process, do you recall anything

10 unusual about Goldie's behavior during the milking process

11 that morning?

12 A. He was a little on edge that morning.

13 Q. Had he acted like that before on any occasion?

14 A. From time to time.

15 Q. Do you recall anything in particular that might

16 have been going on that caused him to act in that fashion?

17 A. No.

18 Q. Did -- did he threaten you that morning?

19 A. No.

20 Q. When you say on edge, what do you mean?

21 A. You could tell when he was -- a little bellow.

22 Q. He was making some noises?

23 A. Yes.

24 Q. After the cows were brought back in, did you

25 notice any change in his behavior? Did he seem calm,



1 upset, agitated, normal?

2 A. Normal.

3 Q. Okay. And so you mentioned you were going --

4 that you were tagging cows when Bob was injured; is that

5 correct?

6 A. Yes.

7 Q. Now, do you know how it was that Bob came to be

8 there that morning, Bob Doty?

9 A. No.

10 Q. Had you had any discussion with John Luscombe

11 that morning where he'd told you anything to the effect

12 that Bob would be coming out to join you?

13 A. No.

14 Q. Did -- after you brought the cows back into the

15 holding pen after they were milked, did you make any

16 effort to separate the bull from the cows?

17 A. No.

18 Q. Was there any discussion about doing so with

19 John before you started tagging the cows?

20 A. No.

21 Q. Did you tell John that you thought that Goldie

22 should be separated from the cows?

23 A. No.

24 Q. Do you recall -- well, was it still morning when

25 you started tagging the cows?



1 A. Yes.

2 Q. Now, what's involved with tagging cows? What

3 are we talking about?

4 A. Bringing them around through your head chute --

5 Q. Okay. Just for the record, you're referring to

6 Exhibit 15, correct?

7 A. Yes.

8 Q. And you're kind of tracing that dotted line that

9 has some arrows in it that goes through the milk barn up

10 to a head gate, correct?

11 A. Yes.

12 Q. And so you would bring a group of cows around

13 into the head gate and then what would you -- once you got

14 a cow into the head gate, what would you do?

15 A. My job was take the tags out.

16 Q. The cows already had tags in their ears?

17 A. Yes.

18 Q. So what was the purpose of retagging the cows?

19 A. Updating on their books, I believe. I'm not

20 sure.

21 Q. Okay. So you had to remove tags that were

22 already in the cows' ears. Did the cows have tags in both

23 of their ears or just one?

24 A. Some had one, some had two.

25 Q. And can you tell me who -- who brought the cows



1 around into the head gate?

2 A. I did.

3 Q. Do you recall how many cows that you brought

4 around?

5 A. I don't recall.

6 Q. Less than ten?

7 A. Six or eight.

8 Q. And how did you go about bringing the cows from

9 the holding pen into the alleyway leading up to the head

10 gate?

11 A. We used the same routine route, but there was a

12 gate here that we would close and they would have to come

13 in an alleyway.

14 Q. Okay. You're indicating a gate at the southwest

15 corner of the barn?

16 A. Yes.

17 Q. That's where the cows would normally exit the

18 barn?

19 A. That's where they would exit to go back to the

20 pasture.

21 Q. For instance, after they were milked?

22 A. Yes.

23 Q. So I believe -- so this gate would have been

24 closed when you were doing the tagging, correct?

25 A. Yes.



1 Q. And so if they're going to go anywhere, they're

2 going to have to walk down towards the head gate?

3 A. Yes.

4 Q. Okay. Did you bring that first group of cattle

5 around by yourself?

6 A. Yes.

7 Q. Did you have any problems doing so?

8 A. No.

9 Q. Was the bull acting in a threatening or

10 aggressive manner when you separated those cows and

11 brought them around?

12 A. No.

13 Q. After you brought the cows through the milk

14 barn, would you have shut the gate between the milk barn

15 and the holding pen?

16 A. Yes.

17 Q. Okay. Now, do you know if Mr. Doty was there

18 when you brought this first group of cows around?

19 A. He was not.

20 Q. Who else was there that you remember before

21 Mr. Doty arrived?

22 A. John and Martha.

23 Q. Martha Smith?

24 A. Yes.

25 Q. And John Luscombe?



1 A. Yes.

2 Q. And at what point in time did you realize that

3 Bob Doty was there?

4 A. I don't recall when.

5 Q. Was it while you were still working that first

6 group of cows?

7 A. Yes.

8 Q. Where were you standing, Mr. Butler, while this

9 tagging was going on?

10 A. I would be on the south side.

11 Q. Why don't you mark with a -- this blue pen with

12 an X, Mr. Butler, where you were standing in relation to

13 the head gate.

14 A. I would say about --

15 Q. Okay. And that's a real small X. I'm going to

16 make it a little bigger, okay? And I'm going to put an F

17 by it for Fred, if that's all right. What were you doing,

18 then, on the south side of the fence there?

19 A. Still taking out tags, I believe.

20 Q. Okay. So were you actually removing tags from

21 cows' ears before they got to the head gate?

22 A. If possible.

23 Q. Okay. Where were John and Martha during this

24 process?

25 A. They would be there at the head gate.



1 Q. Do you recall well enough to say where John was

2 working as opposed to where Martha was?

3 A. Side by side.

4 Q. Okay. Why don't you just draw a circle in the

5 general area where you recall John and Martha working.

6 Okay. Two -- you've drawn two real small circles?

7 A. Well --

8 Q. That's okay. On the north side of the head gate

9 and that represents where John and Martha were working,

10 correct?

11 A. Yes.

12 Q. Where was Mr. Doty when you first saw him?

13 A. There with them.

14 Q. Why don't you draw a -- kind of a square, if you

15 could, to designate Mr. Doty. Okay. What was Mr. Doty

16 doing, if anything, that you remember?


18 Q. Okay. Do you know whether or not he was helping

19 John and Martha?

20 A. I believe their plan was to help with the book

21 work and tag numbers. I don't recall.

22 Q. Was there some discussion in advance about who

23 would be doing what?

24 A. Not to my knowledge.

25 Q. Did you have any discussion with John or Martha



1 about who would bring the cows around from the holding pen

2 into the head gate area?

3 A. Freddie would.

4 Q. That -- John has some problems getting around;

5 is that correct?

6 A. Correct.

7 Q. Would it be fair to say that you -- you knew

8 you'd be the guy bringing the cows around?

9 A. Yes.

10 Q. Did Martha or John help you bring that first

11 group of cows around?

12 A. No.

13 Q. Do you recall having any conversation with

14 Mr. Doty at all before he was injured?

15 A. No.

16 Q. Do you recall anything that Mr. Doty said before

17 he was injured?

18 A. Something about going to Kansas City to pick his

19 son up.

20 Q. Okay. Other than that, do you recall anything

21 specific that he told you?

22 A. No.

23 Q. Now, as you were working on this first group of

24 cattle, were there -- did you -- do you recall any

25 difficulties that you had bringing those cattle into the



1 head gate area or working them as they were in the head

2 gate?

3 A. Not that I can recall.

4 Q. Do you recall any situations where you had to

5 yell in a raised voice to get the cattle to move, anything

6 like that?

7 A. Oh, yeah.

8 Q. Is that typical when you were --

9 A. Yes.

10 Q. -- driving those cattle?

11 A. Yes.

12 Q. Okay. Other than that activity, was there any

13 other activity going on as you were working this first

14 group of cattle?

15 A. No.

16 Q. And let me just make sure. Were you still

17 working on some or -- any of that first group of cattle

18 when Bob got hurt?

19 A. Yes.

20 Q. Now, during this time that you're working that

21 first group of cattle, was Goldie in with the cows in the

22 holding pen?

23 A. Yes.

24 Q. Do you remember anything specifically about

25 Goldie's behavior during this time?



1 A. No.

2 Q. Do you recall anything that Bob or John said

3 about the bull?

4 A. No.

5 Q. To your knowledge, had Mr. Doty been around this

6 dairy herd before August 30, 2012?

7 A. Yes.

8 Q. Tell me about any -- that occasion or those

9 occasions.

10 A. He would just come in the barn while we were

11 milking.

12 Q. Into the milking area?

13 A. Pit.

14 Q. Okay. You would be working in the milk pit area

15 as the cows were being milked?

16 A. Yes.

17 Q. Is that where the milking machines are actually

18 attached to the cows' udders?

19 A. Yes.

20 Q. And are the cows visible from the milk pit?

21 A. Back end.

22 Q. Just the back end. I was -- okay. Do you know

23 whether or not Mr. Doty had ever been near Goldie before?

24 A. He's been there several times. Close to him, I

25 don't -- I can't answer that.



1 Q. Okay. Do you recall who was operating the head

2 gate on August 30 of 2012?

3 A. John.

4 Q. Is the handle that closes and opens the head

5 gate on the north side of the gate?

6 A. Yes.

7 Q. Did you actually see what Mr. Doty was doing

8 while he was near the head gate area?

9 A. No.

10 Q. At what point in time -- well, I assume you

11 became aware that Bob -- Bob got hurt?

12 A. Yes.

13 Q. At what point in time did you become aware that

14 something was going on that shouldn't be?

15 A. When John hollered, "The bull's got Bob."

16 Q. Where were you when John yelled that?

17 A. On the south side.

18 Q. Where you previously -- where you indicated you

19 previously were?

20 A. Yes.

21 Q. Up to that point in time, had you heard or seen

22 anything that suggested to you that there was a problem?

23 A. No.

24 Q. What then did you do after you heard John yell

25 that?



1 A. Came around -- well, let's see. Over this

2 fence, over the -- let me back up. Over this fence, over

3 this fence, which would be about there where the bull had

4 him, had him down.

5 Q. Okay. So you had to climb over two fences to

6 get into the holding pen?

7 A. Yes.

8 Q. What did you see when you got into the holding

9 pen?

10 A. The bull just had his head into his body and he

11 was down.

12 Q. When you say he was -- Bob was on the ground?

13 A. Yes.

14 Q. Was he lying down, do you know?

15 A. No. In a sitting position.

16 Q. Okay. Where were the rest of the cows?

17 A. In the holding pen.

18 Q. Were they congregated around Bob and the bull or

19 were they kind of separated?

20 A. Kind of separated.

21 Q. What did you do then?

22 A. Beat the bull off of him.

23 Q. Did you -- did you take the bull out of the

24 holding pen?

25 A. We turned everything out.



1 Q. Just let all the cows out at that point?

2 A. Yes.

3 Q. Okay. Did -- do you know why Bob went into the

4 holding pen?

5 A. No.

6 Q. Have you had any discussions with Bob since

7 August 30 of 2012 about what happened?

8 A. Yes.

9 Q. What -- what has he told you, if anything, about

10 why he went into the holding pen?

11 A. He doesn't know why.

12 Q. Did he say it was his intention to bring more

13 cows around?

14 A. He didn't say.

15 Q. Okay. Can you think of any other reason for him

16 to have been in there?

17 A. No.

18 Q. Before you saw Bob in the holding pen with the

19 bull, did you know he intended to go into the holding pen?

20 A. No.

21 Q. Did you hear Bob tell anyone he was going into

22 the holding pen?

23 A. No.

24 Q. Did you see him walk around in the barn in the

25 direction of the holding pen?



1 A. No.

2 Q. Did you hear John or Martha ask Bob to go into

3 the holding pen?

4 A. No.

5 Q. Did you ask Bob to go into the holding pen?

6 A. No.

7 Q. Did Bob ever indicate to you that it was his

8 intention to help you bring cows from the holding pen into

9 the head gate area?

10 A. No.

11 Q. Had there been any discussion that you heard

12 between Bob and John or Martha about any one of the three

13 of them going into the holding pen to get more cows?

14 A. No.

15 Q. Before you heard John yell something to the

16 effect that the bull has Bob, did you hear him say

17 anything to Bob?

18 A. No.

19 Q. You didn't hear him ask Bob what he was doing in

20 there or anything to that effect?

21 MR. KEMPTON: Objection, it calls -- asked and

22 answered.

23 Q. (By Mr. Blaylock) You can go ahead and answer.


25 Q. Do you recall Martha saying anything before you



1 heard Bob --

2 A. No.

3 Q. -- tell you that Bob was -- or John yell that

4 Bob was -- the bull had Bob?

5 A. No.

6 Q. Do you have -- have you had any conversations

7 with anyone who owned the bull before John did?

8 A. No.

9 Q. Do you have any knowledge or information that

10 the bull acted aggressively or injured anyone before John

11 purchased the bull?

12 A. No.

13 Q. When John first purchased that bull, do you

14 recall what you did with him?

15 A. Put him in a holding pen.

16 Q. So he wasn't immediately placed with the herd?

17 A. Correct.

18 Q. Was he kept by himself or were there some other

19 bulls in there with him?


21 Q. How long did this period of time last that the

22 bull was kept separately from the rest of the herd?

23 A. Thirty days.

24 Q. During that period of time, did the bull act in

25 a manner that seemed to you that was overly aggressive or



1 did he hurt anybody?

2 A. No.

3 Q. Was August 30, 2012 the first time that you're

4 aware of that the bull hurt anyone?

5 A. Yes.

6 Q. Before Mr. Doty was hurt, did that bull

7 represent a threat to you?

8 A. No.

9 Q. Before August 30 of 2012, had the bull ever done

10 anything that led you to believe that he was any more

11 dangerous than other bulls of the same breed?

12 A. No.

13 Q. Mr. Butler, did you -- other than speaking with

14 your attorney, did you speak with anyone in order to

15 prepare for your deposition today?

16 A. No.

17 Q. Did you read any documents to prepare for your

18 deposition today?

19 A. No.

20 Q. Have you had any conversations with Mr. Kempton

21 before today?

22 A. No.

23 MR. BLAYLOCK: I don't have any further

24 questions.

25



1 EXAMINATION BY MR. KEMPTON:

2 Q. Did you know Bob Doty before he came to John's

3 farm on August 30, 2012?

4 A. Yes.

5 Q. How did you know Bob?

6 A. Since I was a kid.

7 Q. Okay. You ever work for Bob?

8 A. No.

9 Q. Do you know who Joyce Doty is?

10 A. Yes.

11 Q. Do you know Joyce is Bob's wife, correct?

12 A. Yes.

13 Q. And do you know Joyce through your friendship

14 with Bob?

15 A. And she was my teacher.

16 Q. She was your teacher at which school?

17 A. Grade school at Nelson.

18 Q. Which grade?


20 Q. And maybe I mischaracterized it. Do you

21 consider Bob to be your friend?

22 A. Yes.

23 Q. Did you consider Bob to be your friend on

24 August 30, 2012?

25 A. Yes.



1 Q. Fair to say you guys have been friends for a

2 long time?

3 A. Yes.

4 Q. On August 30, 2012, you were earning a wage from

5 John, correct?

6 A. Yes.

7 Q. How much were you being paid?

8 A. $8 per hour.

9 Q. At that time was that your only source of

10 income?

11 A. Yes.

12 Q. Did you ever hear Goldie, before you realized

13 Bob was in the milking barn on August 30, bellowing or

14 trumpeting?

15 A. Once or twice.

16 Q. Okay. Did that seem unusual to you?

17 A. No.

18 Q. You didn't think anything of it?

19 A. No.

20 Q. Had he done that in the past?

21 A. Off and on.

22 Q. Not routinely, though?

23 A. No.

24 Q. Was Goldie doing anything else while he was in

25 the holding pen on August 30, 2012 that caused you some



1 concern?

2 A. No.

3 Q. Other than what you've already talked about?

4 A. Correct.

5 Q. I believe you described earlier Goldie seemed a

6 little on edge that morning; is that fair?

7 A. Yes.

8 Q. Can I ask you what you mean by on edge?

9 A. With the bellowing.

10 Q. Okay. Any other -- anything else he was doing

11 that caused you to believe he was on edge?

12 A. No.

13 Q. Did you tell John Luscombe that you thought

14 Goldie was on edge that morning?

15 A. No.

16 Q. Where was Bob when you first realized he was in

17 the milk barn on August 30,2012?

18 MR. BLAYLOCK: I'm sorry, Brody, did you say Bob

19 or John?

20 MR. KEMPTON: Bob, Bob Doty.

21 A. He wasn't in the milk barn. He was -- he

22 came -- when Bob showed up, he came over to where we were

23 on the south side.

24 Q. (By Mr. Kempton) Okay. I'm going to get -- I

25 want you to identify -- I've got some pictures here and



1 what I want to do is using Exhibit No. 15 that we've been

2 talking about, identify for me from which vantage point on

3 Exhibit 15 these pictures are showing. And how I want to

4 do that is I'm going to show you a particular picture, all

5 of which are marked with exhibit labels in the bottom

6 corner and for each exhibit number, I want you to write

7 that number with this blue marker on the diagram on

8 Exhibit 15 and I want you to mark it from the vantage

9 point that these particular pictures are taken from. Do

10 you understand what I'm asking you to do?

11 A. Yeah.

12 Q. So let me hand you Exhibit No. 1. And I want

13 you to write with the blue pen on Exhibit 15 with a number

14 one where that picture is taken from.

15 A. Okay. I'll put it -- is that okay?

16 Q. No. I want you to act as if you're the person

17 standing taking the picture and I'd like for you to tell

18 me for each picture --

19 A. Okay.

20 Q. -- where that person is standing and indicate it

21 with the number of the picture.

22 A. All right.

23 Q. So I want you to put an X through the number one

24 you just marked if that's not the appropriate spot.

25 Squiggle through that because that's a little -- and then



1 I want you to place the number one where you believe the

2 person standing took the picture from identified as

3 Exhibit 1.

4 A. Just put it on here?

5 Q. Yes, number one. Okay. Can you -- can you make

6 that a little thicker for me so I don't get it confused

7 with the lines? And then I'm showing you what's marked as

8 Exhibit 2. I want you to identify by writing a two on

9 Exhibit 15 where the person is standing that took that

10 photograph.

11 A. Put a two?

12 Q. Correct. Is that where the person -- is that

13 where this picture is looking at or where that person is

14 standing? It appears to me that person might be standing

15 near the beginning of the chute.

16 A. Okay, I'm wrong.

17 Q. Is that your understanding?

18 A. No. It would be here, which is on the south

19 side. You're looking north.

20 Q. Sure. Let me show you what's marked as

21 Exhibit 3. By writing a number three, would you mark on

22 15 where the person is standing who took that photograph?

23 Exhibit No. 4, would you mark on Exhibit 15 where the

24 person who took that photograph is standing, as best you

25 can? Not where it's shown, but where that person might be



1 standing who took that photograph.

2 MR. BLAYLOCK: I think this is the south wall of

3 the loafing shed or the holding pen area, Fred.

4 A. Yeah. This would be the north, which would be

5 the picture, so I would say it would have to be south

6 because you've got your barn. It would have to be --

7 Q. (By Mr. Blaylock) If you can't identify where

8 that vantage point is, then I don't want you to guess.

9 A. Okay. I can't.

10 Q. Okay. Let me show you Exhibit No. 5. Can you

11 identify with a five on Exhibit 15 where that person is

12 standing from to get that vantage point?

13 A. It would have to be --

14 Q. Well, I don't see the milking area in the

15 foreground -- or the background, excuse me.

16 A. Because the barn is here.

17 Q. So would that person be some -- with his back

18 facing the milking barn?

19 A. Yes.

20 Q. Okay. So the best you can, if you know, where

21 would that person be standing to be able to take that

22 picture?

23 MR. BLAYLOCK: Maybe if you turned 15 around,

24 Fred. Turn it 180. Does that help?

25 A. It would have to be -- it would have to be in



1 this area. It would have to be in here.

2 Q. (By Mr. Kempton) And you've marked it exhibit --

3 on Exhibit 15, number five, correct?

4 A. Yes.

5 Q. Let me show you what I marked as Exhibit No. 6.

6 Please mark on Exhibit 15 with a number six where the

7 person would be standing to capture that vantage point.

8 And have you done that?

9 A. Yes.

10 MR. KEMPTON: Those are the only ones I want him

11 to identify.

12 MR. BLAYLOCK: I don't need him to. You might

13 hold 6 out, Brody. There might be some confusion on that

14 one.

15 Q. (By Mr. Kempton) Your estimate, you'd been

16 working for John for about six years when Bob got hurt; is

17 that a fair guess?

18 A. Yes.

19 Q. Okay. And you don't recall exactly when Goldie

20 was brought to the Luscombe farm, do you?

21 A. No.

22 Q. Okay. Do you have a general guess how long

23 Goldie had been at the farm before Bob got hurt?


25 Q. A couple of years?



1 A. Yes.

2 Q. So you'd been working for John and around Goldie

3 for a couple of years, fair?

4 A. I was there before Goldie was.

5 Q. Did Goldie come up to the working area every

6 time you called the cows or drove the cows up to the

7 milking area to be milked?

8 A. I want to say 95 percent of the time.

9 Q. But five percent of the time Goldie wouldn't

10 come up with the other cows, correct?

11 A. Yes.

12 Q. Any particular reason why on those occasions

13 Goldie didn't come up to the working area?

14 A. He would be standing off, so we would just

15 forget about him.

16 Q. Did you make it a point to drive Goldie with the

17 cows any time you were bringing them up to the working

18 area?

19 A. Yes.

20 Q. Why did you do that?

21 A. So he would get fed, get feed.

22 Q. Is that the only time Goldie would be fed is if

23 he came up with the cows that were to be milked?

24 A. No.

25 Q. When were some of the other times or how were



1 the other times that Goldie might be fed?

2 A. Well, if -- if he didn't come up, he didn't get

3 fed. Depending on the weather, if it was hot hot, didn't

4 fool with him. If it was cold, didn't have time to wait

5 on him.

6 Q. So there are no troughs or feeding areas out in

7 the pasture for Goldie?

8 A. In the holding pen.

9 Q. Outside of the working area, I mean.

10 A. No.

11 Q. Okay.

12 A. Well, yes, yes. Yes, there is.

13 Q. Any other reason why Goldie would be brought up,

14 generally speaking, with the other cows if the cows were

15 to be milked?

16 A. No.

17 Q. Did John ever tell you that Goldie should be

18 brought up with the other cows on August 30, 2012?

19 A. No.

20 Q. Was that a decision you made?

21 A. Yes.

22 Q. To your knowledge, was John aware that Goldie

23 was in the holding pen on August 30, 2012?

24 A. Yes.

25 Q. Do you have any idea when John would have



1 realized that Goldie was in the holding pen on August 30,

2 2012?

3 A. When he --

4 MR. BLAYLOCK: Object to the extent it calls for

5 speculation. You can go ahead and answer.

6 A. When he came out to the barn.

7 Q. (By Mr. Kempton) Were you placing identification

8 tags in the cattle that day that Bob was hurt?

9 A. Yes.

10 Q. Had you sprayed the cattle before Bob was hurt

11 that day? And that was a bad question. That day, did you

12 spray the cattle?


14 Q. Was the cow tagged that day?

15 MR. BLAYLOCK: Do you mean the bull?

16 MR. KEMPTON: Or, excuse me, the bull.

17 A. No.

18 Q. (By Mr. Kempton) You had no intention of tagging

19 the bull that day?

20 A. No.

21 Q. Did John ever tell you that the bull was to be

22 tagged that day?

23 A. No.

24 Q. Did the bull already have a tag in it, in its

25 ear?




2 Q. Did you hear John say anything to Bob before the

3 comment the bull's got Bob?

4 A. No.

5 Q. When you came up to Bob in the holding pen to

6 get Goldie away from him, did Bob have a stick?


8 Q. Did he have a pole?


10 Q. Did you ever see Bob with a stick that day?

11 A. No.

12 Q. Did you ever see Bob with a pole that day?

13 A. No.

14 Q. Have you talked to John about what happened that

15 day since it happened?

16 A. Not really.

17 Q. Haven't talked --

18 A. No.

19 Q. -- at all about it?

20 A. Well, yes.

21 Q. You continued to work for him after August 30,

22 2012, right?

23 A. Yes.

24 Q. How long after Bob got hurt did you continue to

25 work for John?



1 A. Until my incident.

2 Q. On a weekly basis, correct?

3 A. Yes.

4 Q. When was your incident?

5 MR. BLAYLOCK: I'll object to the relevance,

6 undue prejudice.

7 MR. KEMPTON: I'm just trying to get a time

8 frame.

9 MR. BLAYLOCK: Yeah.

10 A. I don't recall the date. February the --

11 MR. BLAYLOCK: It was February.

12 Q. (By Mr. Kempton) So you worked for him a couple

13 of months after this?

14 A. Yes.

15 Q. And you never had a conversation with John about

16 what had happened to Bob?

17 A. Well, yeah, we did, but it was to see how Bob

18 was getting along and just --

19 Q. Anything else you remember about those

20 conversations?

21 A. No.

22 Q. John ever tell you what he thought Bob did that

23 afternoon -- that morning before he got hurt?

24 A. No.

25 Q. Okay. Did you ever tell John what you thought



1 caused Bob to go back in the holding pen that morning?

2 A. No.

3 Q. Does John owe you money today from the time you

4 worked at his farm?

5 A. No.

6 Q. Did he ever owe you money at some point in time?

7 A. Everybody falls on hard times.

8 Q. Is that a yes?

9 A. I can't answer that.

10 Q. Because you don't remember or --


12 Q. Have you ever spoken to Joyce Doty since

13 August 30, 2012 about what happened that day?

14 A. Yes.

15 Q. Okay. When did you speak with her?

16 A. I don't recall the first time.

17 Q. Okay. How many times have you spoken with her

18 about this incident?

19 A. Several, when he was in the hospital.

20 Q. Okay. And do you recall what the first

21 conversation was about?

22 A. What he was doing.

23 Q. Okay. What do you remember about that

24 conversation?

25 A. I just had to tell her I didn't know what he was



1 doing.

2 Q. Did she ask you how this had happened to Bob?

3 A. Yes.

4 Q. Okay. And did you tell her?

5 A. Yes.

6 Q. What did you say to her?

7 A. The bull got him. I didn't know.

8 Q. Anything else you remember about that first

9 conversation?

10 A. No.

11 Q. What about the second conversation? What was

12 that conversation about?

13 A. Basically the same.

14 Q. Anything different about the second conversation

15 than the first conversation?

16 A. No.

17 Q. Did you add anything in terms of your

18 explanation or lack of an explanation for why this

19 happened to Bob?

20 A. No.

21 Q. Had any other conversations, other than those

22 two, with Joyce?

23 A. No.

24 Q. Where are you working now?

25 A. I'm not.



1 Q. Do you intend to go back to work for John?

2 A. No.

3 Q. Has John asked you to come back to work for him?

4 A. No.

5 Q. Do you want to go back to work for him?

6 A. No.

7 Q. But you're not working at all now?

8 A. No.

9 Q. Any particular reason why?

10 A. I can't.

11 Q. Did you ever hear John tell Bob that he wasn't

12 allowed to go back in the holding pen on August 30, 2012?

13 A. No.

14 Q. Did you ever hear Martha tell Bob that he wasn't

15 allowed to go back in the holding pen on August 30, 2012?

16 A. No.

17 Q. Did you ever hear John or Martha tell Bob that

18 Goldie was in the holding pen?

19 A. No.

20 Q. Did you ever tell Bob at any point in time that

21 day that Goldie was in the holding pen?

22 A. No.

23 Q. Do you have any reason to believe that, up until

24 he got hurt, Bob was aware that Goldie was in the holding

25 pen?



1 A. No.

2 Q. Maybe Mr. Blaylock touched on this, I can't

3 remember. Did you have any idea that Bob was going to be

4 at John's farm that morning until you actually saw Bob

5 there?

6 A. No.

7 Q. So John hadn't had any conversation with you

8 about Bob coming to help tag the cows?

9 A. Not that I can recall.

10 Q. Why was Goldie in the holding pen that morning?

11 A. Routine.

12 Q. Any other reason?

13 A. No.

14 Q. We covered the fact that he wasn't going to be

15 tagged. You said he wasn't supposed to be sprayed that

16 morning, was he? Or I don't want to put words in your

17 mouth.

18 A. No.

19 Q. And you weren't doing any vaccinations on Goldie

20 that morning, correct?

21 A. No.

22 Q. Did John ever tell you at any point in time

23 before Bob was hurt that he wanted you to get Goldie out

24 of the holding area?

25 A. No.



1 Q. And did Martha ever tell you at any point in

2 time up until the time Bob got hurt that you need to get

3 Goldie out of the holding area?

4 A. No.

5 Q. Have you talked to Mr. Blaylock before today?

6 A. Yes.

7 Q. Did he take your statement?

8 A. Yes.

9 MR. BLAYLOCK: Well, in all -- it was a

10 deposition, Brody.

11 Q. (By Mr. Kempton) Oh, other than the deposition in

12 your case, is that what you're referring to?

13 A. Yes.

14 Q. Has Mr. Blaylock spoken to you about this case

15 other than today?

16 A. No.

17 Q. Have you spoken with anybody from Mr. Blaylock's

18 office about what we've been talking about today before

19 today?

20 A. No.

21 Q. How many cows were in the chute when you first

22 became aware that Bob was in the holding pen, do you

23 recall?

24 A. Two, maybe three.

25 Q. And do you recall seeing Bob do really much of



1 anything that morning?

2 A. No.

3 Q. Do you know how long Bob had been there before

4 you became aware that he was -- had been hurt in the

5 holding pen?

6 A. No.

7 MR. KEMPTON: I've got no further questions.

8 RE-EXAMINATION BY MR. BLAYLOCK:

9 Q. Mr. Butler, I wanted to ask you a question

10 about, I think it was, Exhibit 6. And on Exhibit 15 you

11 indicated the perspective of the person taking that

12 photograph, it looks like it's on the south side of the

13 milk barn. I'm wondering --

14 A. Yes.

15 Q. -- would it be more accurate to say that it

16 might have been somewhere north of where you put number

17 five?

18 A. No. It would have been over here.

19 Q. Over -- okay. Do you want to revise where you

20 put that number six just so we --

21 A. Well, it's at the right place because there's

22 your north, there's your north door that you're going in,

23 so it would have been taken from this angle.

24 Q. Okay.

25 MR. KEMPTON: Probably a little further up,



1 though, towards the holding pen because we've got a wall

2 depicted right there.

3 THE WITNESS: Yes; yes.

4 MR. KEMPTON: So you want to -- if you'd like,

5 revise the location by scribbling out the previous number

6 six and placing it where you think it ought to be. I

7 didn't mean to take over.

8 MR. BLAYLOCK: No, that's fine.

9 A. It's about --

10 Q. (By Mr. Blaylock) Okay. Mr. Butler, did you ever

11 hear John -- Bob Doty tell anyone he was going to go into

12 the holding pen?

13 A. No.

14 Q. Did you hear Mr. Doty ask permission to go into

15 the holding pen?

16 A. No.

17 Q. Did you hear him ask anyone if he should go get

18 more cows to bring into the head gate?

19 A. No.

20 MR. BLAYLOCK: I have no further questions.

21 MR. KEMPTON: I have no further questions.

22 MR. BLAYLOCK: Mr. Butler, you have the right to

23 read and sign your deposition and make corrections to it

24 if you believe corrections need to be made. You also have

25 the right not to do so. Whatever you want to do is fine.



1 If you want to read and sign it, we'll have the court

2 reporter mail Mr. Miller a copy of your deposition for

3 that. Do you want to read and sign your deposition?

4 THE WITNESS: Send it to Danny.

5 MR. BLAYLOCK: Okay. So let's show that we're

6 waiving presentment and the witness wants to read and sign

7 the deposition and can we agree if not signed by within 30

8 days of trial, it can be used as if signed?

9 MR. KEMPTON: Yes.

10 MR. BLAYLOCK: Okay.

11 MR. KEMPTON: We have a usual.

12 (Proceedings concluded at 3:21 P.M.)

13

14

15

16

17

18

19

20

21

22

23

24

25



1 CERTIFICATE OF REPORTER

2 I, Julie K. Kearns, Certified Court Reporter

3 (MO), Certified Shorthand Reporter (IL), Registered

4 Professional Reporter and Certified Realtime Reporter

5 within and for the State of Missouri, do hereby certify

6 that the witness whose testimony appears in the foregoing

7 deposition was duly sworn by me; the testimony of said

8 witness was taken by me to the best of my ability and

9 thereafter reduced to typewriting under my direction; that

10 I am neither counsel for, related to, nor employed by any

11 of the parties to the action in which this deposition was

12 taken, and further that I am not a relative or employee of

13 any attorney or counsel employed by the parties thereto,

14 nor financially or otherwise interested in the outcome of

15 the action.

16

17

18 ________________________________________

19 Julie K. Kearns, CCR #993, CSR, RPR, CRR

20

21

22

23

24

25



1 COURT MEMO

IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI

2

ROBERT J. DOTY and JOYCE DOTY, )

3 vs. ) Case No.

JOHN J. LUSCOMBE and MARTHA SMITH, ) 13CO-CC00004-01

4

CERTIFICATE OF OFFICER AND

5 STATEMENT OF DEPOSITION CHARGES

(Rule 57.03 (g) (2) (a) & Sec., 492.590 RSMO 1985.)

6

DEPOSITION OF FRED BUTLER

7 TAKEN ON BEHALF OF THE DEFENDANTS

April 30, 2015

8

Name and address of person or firm having custody of

9 the original transcript: Jeffrey H. Blaylock, Esq., FORD,

PARSHALL & BAKER, 3210 Bluff Creek Drive, Columbia,

10 Missouri 65201

11 (x) For signature: Danieal H. Miller, Esq., Danieal H.

Miller, P.C., 720 W. Sexton Road, Columbia, Missouri

12 65203

13 TAXED IN FAVOR OF: Jeffrey H. Blaylock, Esq.

TOTAL................$___________

14

T. Brody Kempton, Esq.

15 TOTAL................$___________

16

Upon delivery of transcript, the above charges had

17 not yet been paid. It is required that all charges

will be paid in the normal course of business.

18

MIDWEST LITIGATION SERVICES

19 711 North Eleventh Street

St. Louis, MO 63101

20

IN WITNESS WHEREOF, I have hereunto set my hand and

21 seal on this day of 2015.

My Commission expires .

22 ____________________________________.

23 NOTARY PUBLIC

24

25



1 Midwest Litigation Services

2

3 May 4, 2015

4

5 Danieal H. Miller, Esq.

6 Danieal H. Miller, P.C.

7 720 W. Sexton Road

Columbia, Missouri 65203

8

9 In Re: Robert J. Doty and Joyce Doty vs. John J. Luscombe

and Martha Smith

10

11 Dear Mr. Miller:

12 Please find enclosed a copy of the deposition of

FRED BUTLER, taken on April 30, 2015 in the

13 above-referenced case. Also enclosed is the original

signature page and errata sheets.

14

Please have the witness read your copy of the

15 transcript, indicate any changes and/or corrections

desired on the errata sheets, and sign the signature

16 page before a notary public.

17 Please return the errata sheets and notarized signature

page to Mr. Blaylock and Mr. Kempton for filing prior to

18 trial date.

19 Thank you for your attention to this matter.

20 Sincerely,

21

22 Julie K. Kearns

23 CC: Jeffrey H. Blaylock, Esq.

T. Brody Kempton, Esq.

24

25



1 Errata Sheet

2 Witness: FRED BUTLER

3 In Re: Robert J. Doty and Joyce Doty vs. John J. Luscombe

and Martha Smith

4

Upon reading the deposition and before subscribing

5 thereto, the deponent indicated the following changes

should be made:

6

Page Line Should read:

7 Reason assigned for change :

8 Page Line Should read:

Reason assigned for change :

9





12





15





18





21



23

24 Witness Signature:

25 Reporter: Julie K. Kearns



1 I, FRED BUTLER, do hereby certify:

2

3 That I have read the foregoing deposition;

4 That I have made such changes in form and/or

5 substance to the within deposition as might be necessary

6 to render the same true and correct;

7 That having made such changes thereon, I hereby

8 subscribe my name to the deposition.

9 I declare under penalty of perjury that the

10 foregoing is true and correct.

11

12 Executed the _______ day of ____________, 20___,

13 at ________________________________________.

14

15 _____________________________________.

16 FRED BUTLER

17

18 My Commission Expires: _____________________________

19 Notary Public: _____________________________

20 JK

21

22

23

24





A

ability 54:8

able 14:18 39:21

above-referenc...56:13

accept 6:1

accurate 51:15

acquired 11:4,7

12:15

act 17:1,8 18:16

32:24 37:16

acted 18:13

32:10

acting 22:9

action 54:11,15

activities 8:16

activity 26:12,13

add 47:17

address 5:17

55:8

advance 24:22

afternoon 3:11

3:12 45:23

age 5:10

aggressive 17:1

22:10 32:25

aggressively 17:8

32:10

agitated 19:1

agree 53:7

agreeable 6:9

agreed 5:1 6:1

ahead 31:23 43:5

alleyway 21:9,13

allowed 14:17

48:12,15

and/or 56:15

58:4

angle 51:23

answer 27:25

31:23 43:5 46:9

answered 31:22

anybody 17:6

33:1 50:17

appearing 5:25

appears 38:14

54:6

appropriate37:24

April 1:10 3:10

55:7 56:12

area 13:17,20

14:3,4 15:12

24:5 25:2 26:1

27:12,14 28:8

31:9 39:3,14

40:1 41:5,7,13

41:18 42:9

49:24 50:3

areas 42:6

arrived 22:21

arrows 20:9

asked 31:21 48:3

asking 37:10

assigned 57:7,8

57:10,11,13,14

57:16,17,19,20

57:22

assume 6:23 9:14

28:10

Atkins 8:6

attached 27:18

attend 6:19

attention 17:11

56:19

attorney 6:1,4

33:14 54:13

August 17:12,21

27:6 28:2 30:7

33:3,9 34:3,24

35:4,13,25

36:17 42:18,23

43:1 44:21

46:13 48:12,15

aware 6:6 17:5

28:11,13 33:4

42:22 48:24

50:22 51:4

B

back 16:1,18

18:1,24 19:14

21:19 27:21,22

29:2 39:17 46:1

48:1,3,5,12,15

background39:15

bad 43:11

BAKER 4:8 55:9

baler 9:7,9

baling 9:5

barn 13:10,15

14:2 16:7 20:9

21:15,18 22:14

22:14 27:10

30:24 35:13

36:17,21 39:6

39:16,18 43:6

51:13

Basically 47:13

basis 9:23 10:8

13:5 45:2

Beat 29:22

beef 10:19

beginning 38:15

behalf 1:9 5:11

6:2 55:7

behavior 18:10

18:25 26:25

believe 7:21

14:23 18:1

20:19 21:23

23:19 24:20

33:10 36:5,11

38:1 48:23

52:24

bellow 18:21

bellowing 35:13

36:9

best 38:24 39:20

54:8

bigger 23:16

birth 6:13

Blaylock 2:2,4

4:8 5:13 31:23

33:23 36:18

39:2,7,23 40:12

43:4,15 45:5,9

45:11 49:2 50:5

50:9,14 51:8

52:8,10,20,22

53:5,10 55:9,13

56:17,23

Blaylock's 50:17

blue 23:11 37:7

37:13

Bluff 4:9 55:9

Bob 5:22 17:5,9

17:13 19:4,7,8

19:12 23:3

26:18 27:2

28:11,11,15

29:12,18 30:3,6

30:18,21 31:2,5

31:7,12,16,17

31:19 32:1,3,4

32:4 34:2,5,7

34:14,21,23

35:13 36:16,18

36:20,20,22

40:16,23 43:8

43:10 44:2,3,5

44:6,10,12,24

45:16,17,22

46:1 47:2,19

48:11,14,17,20

48:24 49:3,4,8

49:23 50:2,22

50:25 51:3

52:11

Bob's 34:11

body 29:10

book 24:20

books 20:19

bottom 37:5

Boulevard 4:13

breed 33:11

bring 12:3,8 13:8

13:9,20 14:7

16:20 20:12

22:4 25:1,10

30:12 31:8

52:18

bringing 20:4

21:8 25:8,25

41:17

broad 8:23

Brody 4:4 36:18

40:13 50:10

55:14 56:23

brought 12:5

16:4 18:24

19:14 20:25

21:3 22:11,13

22:18 40:20

42:13,18

Brush 9:18

bull 10:17 11:4,7

12:15 14:8 17:6

17:8 19:16 22:9

27:3 29:3,10,18

29:22,23 30:19

31:16 32:4,7,10

32:11,13,22,24

33:4,6,9 43:15

43:16,19,21,24

47:7

bulls 10:17 32:19

33:11

bull's 28:15 44:3

business 55:17

Butler 1:9 3:9

5:9,14,16 10:1

10:20 13:11

23:8,12 33:13

51:9 52:10,22

55:6 56:12 57:2

58:1,16

C

C 4:1

call 12:10

called 15:23 41:6

calls 31:21 43:4

calm 18:25

capture 40:7

case 1:4 3:4

16:10 50:12,14

55:3 56:13

category 8:24

cattle 8:19,20

9:25 10:3,5,14

10:17,20,22,25

12:10,16,19,22

13:9 14:7 16:6



22:4 25:24,25

26:5,10,14,17

26:21 43:8,10

43:12

cause 3:15

caused 18:16

35:25 36:11

46:1

CC 56:23

CCR 1:11 54:19

certain 3:15

CERTIFICATE54:1 55:4

Certified 3:14

5:3 54:2,3,4

certify 54:5 58:1

change 18:25

57:7,8,10,11,13

57:14,16,17,19

57:20,22

changes 56:15

57:5 58:4,7

charges 55:5,16

55:17

chute 20:4 38:15

50:21

circle 24:4

circles 24:6

Circuit 1:1 3:1

3:16 55:1

City 4:13 25:18

clean 11:18,25

climb 29:5

close 21:12 27:24

closed 21:24

closes 28:4

cold 42:4

Columbia 4:9

55:9,11 56:7

come 8:4 16:1,6

18:2 21:12

27:10 41:5,10

41:13 42:2 48:3

coming 19:12

49:8

comment 44:3

Commission

55:21 58:18

concern 36:1

concluded 53:12

confused 38:6

confusion 40:13

congregated29:18

consider 34:21

34:23

continue 44:24

continued 44:21

continuous 10:8

conversation25:13 45:15

46:21,24 47:9

47:11,12,14,15

49:7

conversations32:6 33:20

45:20 47:21

cooperative12:12

copy 53:2 56:12

56:14

corner 21:15

37:6

correct 6:2,4

8:17,21 12:18

17:22 19:5 20:6

20:10 21:24

24:10 25:5,6

32:17 34:11

35:5 36:4 38:12

40:3 41:10 45:2

49:20 58:6,10

corrections52:23,24 56:15

counsel 2:19 5:2

54:10,13

County 1:1 3:1

3:16 55:1

couple 40:25

41:3 45:12

course 55:17

court 1:1 3:1,14

3:16 4:11 5:4

53:1 54:2 55:1

55:1

covered 49:14

cow 20:14 43:14

cows 7:17 11:11

12:3,3,4,5,8

13:1,1,5,20

14:4,9,12,15,18

14:23,25 15:7,9

15:12,15,18

16:11,11,12,16

16:19,20 17:20

17:22,24 18:2,6

18:24 19:4,14

19:16,19,22,25

20:2,12,16,18

20:22,22,25

21:3,8,17 22:10

22:13,18 23:6

23:21 25:1,8,11

26:21 27:15,18

27:20 29:16

30:1,13 31:8,13

41:6,6,10,17,23

42:14,14,18

49:8 50:21

52:18

Creek 4:9 55:9

CRR 54:19

CSR 54:19

current 5:17

custody 55:8

Cut 9:20

D

daily 13:5

dairy 7:5 10:14

10:17,19,22,25

27:6

dangerous 33:11

Danieal 55:11,11

56:5,6

Danny 6:4 53:4

date 6:13 45:10

56:18

day 3:10,12

11:10 12:19

17:12,13,18

18:3 43:8,11,11

43:14,19,22

44:10,12,15

46:13 48:21

55:21 58:12

days 7:18 8:4,7

11:16 32:23

53:8

Dear 56:11

decision 42:20

declare 58:9

Defendants 1:7,9

3:7,19 4:7 5:11

55:7

delivery 55:16

depending 14:24

42:3

depicted 52:2

deponent 57:5

deposes 5:11

deposition 1:9

3:9 5:2,8,22

13:12 33:15,18

50:10,11 52:23

53:2,3,7 54:7

54:11 55:5,6

56:12 57:4 58:3

58:5,8

described 36:5

designate 24:15

desired 56:15

diagram 37:7

different 47:14

difficulties 25:25

direct 17:11

direction 30:25

54:9

discussion 19:10

19:18 24:22,25

31:11

discussions 30:6

Disking 9:1

documents 33:17

doing 12:14

17:18 19:18

21:24 22:7

23:17 24:16,23

28:7 31:19

35:24 36:10

46:22 47:1

49:19

door 15:5,6

51:22

dotted 14:1,3

20:8

Doty 1:3,3 3:3,3

3:17,17 5:22

17:5,9,13 19:8

22:17,21 23:3

24:12,15,15

25:14,16 27:5

27:23 28:7 33:6

34:2,9 36:20

46:12 52:11,14

55:2,2 56:9,9

57:3,3

draw 24:4,14

drawn 24:6

drive 4:9 12:10

12:11 41:16

55:9

driving 26:10

drove 16:15 41:6

duly 54:7

E

E 4:1,1

ear 17:20 43:25

earlier 36:5

earning 35:4

ears 20:16,22,23

23:21

east 3:13 4:5

13:23

eat 15:6

edge 18:12,20

36:6,8,11,14

education 6:15

effect 19:11

31:16,20

effort 19:16

eight 21:7

Eleventh 55:19

employed 54:10



54:13

employee 54:12

enclosed 56:12

56:13

engage 8:16

enter 14:17

entire 10:13,16

errata 56:13,15

56:17 57:1

Esq 4:4,8 55:9,11

55:13,14 56:5

56:23,23

estimate 40:15

Everybody 46:7

exactly 40:19

EXAMINATI...5:12 34:1

examined 3:10

5:10

excuse 39:15

43:16

Executed 58:12

exhibit 2:16

13:12,14 14:4

20:6 37:1,3,5,6

37:8,12,13 38:3

38:8,9,21,23,23

39:10,11 40:2,3

40:5,6 51:10,10

exhibits 2:7,18

exit 21:17,19

experience 10:25

expires 55:21

58:18

Explain 14:21

explanation47:18,18

expressly 5:5

extent 43:4

F

F 23:16

facing 39:18

fact 13:17 49:14

fair 5:25 12:21

25:7 35:1 36:6

40:17 41:3

falls 46:7

family 10:3

far 8:9

farm 7:4,15,17

8:3 9:23 10:23

11:1 12:19,24

17:14 34:3

40:20,23 46:4

49:4

farmed 8:23

fashion 17:1

18:16

FAVOR 55:13

February 45:10

45:11

fed 7:17 8:19,21

41:21,22 42:1,3

feed 12:2 14:14

15:5 41:21

feeding 42:6

fence 23:18 29:2

29:2,3

fences 9:16 29:5

filed 5:23

filing 56:17

financially 54:14

find 56:12

fine 52:8,25

finish 11:16

firewood 9:20

firm 55:8

first 11:10 16:15

22:4,18 23:5

24:12 25:10,23

26:13,17,21

32:13 33:3

36:16 46:16,20

47:8,15 50:21

five 14:23 39:11

40:3 41:9 51:17

following 57:5

fool 42:4

FORD 4:8 55:9

foregoing 54:6

58:3,10

foreground39:15

forget 41:15

form 58:4

frame 45:8

Fred 1:9 3:9 5:9

5:16 23:17 39:3

39:24 55:6

56:12 57:2 58:1

58:16

Freddie 25:3

Fridays 7:20 8:8

8:11

friend 34:21,23

friends 35:1

friendship 34:13

full 5:14

further 33:23

51:7,25 52:20

52:21 54:12

G

g 55:5

gate 15:11,14

16:3 20:10,13

20:14 21:1,10

21:12,14,23

22:2,14 23:13

23:21,25 24:8

25:2 26:1,2

28:2,5,5,8 31:9

52:18

general 13:14

24:5 40:22

generally 12:12

12:15 13:6 14:8

42:14

getting 25:4

45:18

give 5:22 14:14

given 13:4

go 12:2,4 14:4

15:6,7 16:18

21:8,19 22:1

30:19 31:2,5,23

43:5 46:1 48:1

48:5,12,15

52:11,14,17

goes 14:2,4 20:9

going 18:16 19:3

22:1,2 23:9,15

23:16 25:18

26:13 28:14

30:21 31:13

36:24 37:4 49:3

49:14 51:22

52:11

Goldie 11:5

12:15 14:8,11

14:22 15:15,17

15:21,25 16:11

16:19,25 18:2,5

19:21 26:21

27:23 35:12,24

36:5,14 40:19

40:23 41:2,4,5

41:9,13,16,22

42:1,7,13,17,22

43:1 44:6 48:18

48:21,24 49:10

49:19,23 50:3

Goldie's 18:10

26:25

grade 6:17,19

34:17,18

grain 14:15

ground 29:12

group 20:12 22:4

22:18 23:6

25:11,23 26:14

26:17,21

guess 16:15 39:8

40:17,22

guy 8:4 25:8

guys 35:1

H

H 4:8 55:9,11,11

55:13 56:5,6,23

hand 37:12 55:20

handle 28:4

happened 16:23

30:7 44:14,15

45:16 46:13

47:2,19

hard 46:7

haul 9:14

hay 8:21 9:1,5,14

head 20:4,10,13

20:14 21:1,9

22:2 23:13,21

23:25 24:8 25:2

26:1,1 28:1,4,8

29:10 31:9

52:18

hear 30:21 31:2

31:16,19 35:12

44:2 48:11,14

48:17 52:11,14

52:17

heard 28:21,24

31:11,15 32:1

help 9:1,14 24:20

25:10 31:8

39:24 49:8

helping 24:18

herd 27:6 32:16

32:22

hereunto 55:20

High 6:20,21

hog 9:18

hold 40:13

holding 13:10,15

13:18 14:2,8,13

14:22 15:11,15

16:1,10,19 18:1

18:6,7 19:15

21:9 22:15 25:1

26:22 29:6,8,17

29:24 30:4,10

30:18,19,22,25

31:3,5,8,13

32:15 35:25

39:3 42:8,23

43:1 44:5 46:1

48:12,15,18,21

48:24 49:10,24

50:3,22 51:5

52:1,12,15

hollered 28:15

hospital 46:19

hot 42:3,3

hour 35:8



hours 3:10

huh 9:13

hundreds 16:23

hurt 17:3,6,9,19

26:18 28:11

33:1,4,6 40:16

40:23 43:8,10

44:24 45:23

48:24 49:23

50:2 51:4

I

idea 42:25 49:3

identification43:7

identified 38:2

identify 36:25

37:2 38:8 39:7

39:11 40:11

IL 54:3

immediately32:16

incident 17:11

45:1,4 46:18

include 8:25

income 35:10

INDEX 2:7

indicate 31:7

37:20 56:15

indicated 28:18

51:11 57:5

indicating 21:14

information 32:9

initially 16:16

injured 17:6,14

19:4 25:14,17

32:10

instance 21:21

intend 48:1

intended 30:19

intention 30:12

31:8 43:18

interested 54:14

involved 20:2

J

J 1:3,6 3:3,6,17

3:18 4:15 55:2

55:3 56:9,9

57:3,3

Jefferson 4:13

Jeffrey 4:8 55:9

55:13 56:23

JK 58:20

job 20:15

John 1:6 3:6,18

4:15 5:23 6:25

7:5 8:2 9:7,12

9:13 10:14,16

11:3 12:15

19:10,19,21

22:22,25 23:23

24:1,5,9,19,25

25:4,10 27:2

28:3,15,16,24

31:2,12,15 32:3

32:7,10,13 35:5

36:13,19 40:16

41:2 42:17,22

42:25 43:21

44:2,14,25

45:15,22,25

46:3 48:1,3,11

48:17 49:7,22

52:11 55:3 56:9

57:3

John's 10:23

34:2 49:4

join 19:12

Joyce 1:3 3:3,17

5:22 34:9,11,13

46:12 47:22

55:2 56:9 57:3

Julie 1:11 3:13

4:12 5:3 54:2

54:19 56:22

57:25

K

K 1:11 3:13 4:12

5:3 54:2,19

56:22 57:25

Kansas 25:18

Kearns 1:11 3:14

4:12 5:3 54:2

54:19 56:22

57:25

keep 12:22

Kempton 2:3

3:12 4:4,4

31:21 33:20

34:1 36:20,24

40:2,10,15 43:7

43:16,18 45:7

45:12 50:11

51:7,25 52:4,21

53:9,11 55:14

56:17,23

kept 11:23 13:1

32:18,22

kid 34:6

kind 20:8 24:14

29:19,20

knew 25:7

know 6:25 7:2

8:3,7,10,10

19:7 22:17

24:18 27:22

29:14 30:3,11

30:19 34:2,5,9

34:11,13 39:20

46:25 47:7 51:3

knowledge 24:24

27:5 32:9 42:22

L

labeled 13:17

labels 37:5

lack 47:18

lawful 5:10

lawsuit 5:22

layout 13:14

leading 11:22

21:9

leave 15:5,5

led 33:10

left 15:2

let's 16:15 29:1

53:5

level 6:15

limited 11:1

line 11:21,22

14:1,3 20:8

57:6,8,9,11,12

57:14,15,17,18

57:20,21

lines 38:7

Litigation 4:12

55:18 56:1

little 18:12,21

23:16 36:6

37:25 38:6

51:25

lived 5:19

LLC 3:12

loafing 39:3

location 52:5

long 5:19 9:25

32:21 35:2

40:22 44:24

51:3

looking 38:13,19

looks 51:12

Louis 55:19

Luscombe 1:6

3:6,18 4:15

5:23 6:25 11:1

19:10 22:25

36:13 40:20

55:3 56:9 57:3

lying 29:14

M

machines 11:23

27:17

mail 53:2

making 18:22

manner 22:10

32:25

mark 23:11 37:8

38:21,23 40:6

marked 2:10,11

2:12,13,14,15

2:16 13:12 37:5

37:24 38:7,20

40:2,5

marker 37:7

Marshall 5:18

Martha 1:6 3:6

3:18 5:23 7:2

8:3 22:22,23

23:23 24:2,5,9

24:19,25 25:10

31:2,12,25

48:14,17 50:1

55:3 56:9 57:3

matter 56:19

mean 18:20 36:8

42:9 43:15 52:7

MEMO 55:1

Mend 9:16

mentioned 8:19

19:3

Midwest 4:12

55:18 56:1

milk 8:15 11:11

11:23 13:23

14:2,5,17,18

15:2,9,12,22,22

16:7 20:9 22:13

22:14 27:14,20

36:17,21 51:13

milked 7:17

12:16,19,23

13:2,21 14:15

14:16 15:4,8,19

16:12 17:21,24

18:6 19:15

21:21 27:15

41:7,23 42:15

milking 8:17,19

11:9,16,23 12:5

13:5,15 14:12

15:15 17:19

18:10 27:11,12

27:17 35:13

39:14,18 41:7

Miller 6:4 53:2

55:11,11 56:5,6

56:11

Miller's 6:11

mischaracteriz...34:20

Missouri 1:1 3:1

3:13,15,17 4:5



4:9,13 5:18

6:23 54:5 55:1

55:10,11 56:7

MO 54:3 55:19

Monday 7:24

8:11

Mondays 7:20

money 46:3,6

months 8:20

45:13

morning 11:13

13:21 18:11,12

18:18 19:8,11

19:24 36:6,14

45:23 46:1 49:4

49:10,16,20

51:1

mouth 49:17

move 15:21 26:5

moved 12:7

Mowing 9:3

N

N 4:1

name 5:14 8:5

55:8 58:8

near 27:23 28:8

38:15

necessarily 13:13

necessary 58:5

need 40:12 50:2

52:24

needed 15:8

neither 54:10

Nelson 5:18

34:17

never 45:15

noises 18:22

normal 19:1,2

55:17

normally 18:3

21:17

north 24:8 28:5

38:19 39:4

51:16,22,22

55:19

notarized 56:17

notary 55:23

56:16 58:19

notice 18:25

number 7:10

13:5 37:6,7,13

37:21,23 38:1,5

38:21 40:3,6

51:16,20 52:5

numbers 24:21

O

object 43:4 45:5

Objection 31:21

occasion 17:5

18:13 27:8

occasions 16:25

27:9 41:12

occurred 17:12

office 50:18

OFFICER 55:4

Oh 12:6 26:7

50:11

okay 5:21 6:13

6:25 7:15,24

8:7 9:3,14 11:3

11:25 13:17

14:18 15:1,3,11

16:2,6,9 17:21

18:2 19:3 20:5

20:21 21:14

22:4,17 23:15

23:16,20,23

24:4,6,8,15,18

25:20 26:12

27:14,22 28:1

29:5,16 30:3,15

34:7 35:16

36:10,24 37:15

37:15,19 38:5

38:16 39:9,10

39:20 40:19,22

42:11 45:25

46:15,17,20,23

47:4 51:19,24

52:10 53:5,10

old 10:2,9

once 20:13 35:15

ones 40:10

open 15:5,6

opens 28:4

operate 9:9

operates 7:5

operating 9:1

28:1

operation 7:5

opposed 24:2

order 16:19

33:14

original 55:9

56:13

ought 52:6

outcome 54:14

Outside 42:9

overly 32:25

owe 46:3,6

owned 10:5 32:7

o'clock 3:11

P

P 4:1,1

page 2:1,8 56:13

56:16,17 57:6,8

57:9,11,12,14

57:15,17,18,20

57:21

paid 35:7 55:17

55:17

parlor 13:24

14:17 15:22

PARSHALL 4:8

55:9

particular 7:18

18:15 37:4,9

41:12 48:9

parties 5:2 54:11

54:13

pasture 12:9,25

21:20 42:7

pastures 9:18

12:6

pen 13:10,15,18

14:2,8,13,22

15:12,15 16:1

16:10,19 18:1,6

18:7 19:15 21:9

22:15 23:11

25:1 26:22 29:6

29:9,17,24 30:4

30:10,18,19,22

30:25 31:3,5,8

31:13 32:15

35:25 37:13

39:3 42:8,23

43:1 44:5 46:1

48:12,15,18,21

48:25 49:10

50:22 51:5 52:1

52:12,15

penalty 58:9

pending 3:15

people 10:5

percent 41:8,9

period 7:7 32:21

32:24

perjury 58:9

permission 52:14

person 37:16,20

38:2,9,12,13,14

38:22,24,25

39:11,17,21

40:7 51:11 55:8

person's 8:5

perspective51:11

Pettis 1:1 3:1,16

55:1

photograph 2:10

2:11,12,13,14

2:15 38:10,22

38:24 39:1

51:12

pick 25:18

picture 37:4,14

37:17,18,21

38:2,13 39:5,22

pictures 36:25

37:3,9

pit 27:13,14,20

place 38:1 51:21

placed 32:16

placing 43:7 52:6

Plaintiffs 1:4 3:4

3:18 4:3

plan 24:20

please 5:15 40:6

56:12,14,17

point 7:4 15:17

17:19 23:2

28:10,13,21

30:1 37:2,9

39:8,12 40:7

41:16 46:6

48:20 49:22

50:1

pole 44:8,12

position 29:15

possible 23:22

prejudice 45:6

prepare 33:15,17

presence 6:11

PRESENT 4:15

presentment53:6

pretty 8:23

previous 52:5

previously 2:10

2:11,12,13,14

2:15,16 13:12

28:18,19

prior 56:17

Probably 51:25

problem 28:22

problems 22:7

25:4

procedure 15:18

proceeding 6:9

Proceedings53:12

process 11:9,16

18:9,10 23:24

produced 3:9

5:10

Professional 54:4

public 55:23

56:16 58:19

purchased 32:11

32:13

purpose 20:18



pursuant 6:1

put 12:2 15:5

23:16 32:15

37:15,23 38:4

38:11 49:16

51:16,20

P.C 55:11 56:6

P.M 5:8 53:12

Q

question 17:25

43:11 51:9

questions 2:1

5:13 33:24 51:7

52:20,21

R

R 4:1

raised 26:5

rake 9:5

read 33:17 52:23

53:1,3,6 56:14

57:6,8,9,11,12

57:14,15,17,18

57:20,21 58:3

reading 57:4

real 23:15 24:6

realize 13:6 23:2

realized 35:12

36:16 43:1

really 44:16

50:25

Realtime 54:4

reason 30:15

41:12 42:13

48:9,23 49:12

57:7,8,10,11,13

57:14,16,17,19

57:20,22

recall 7:7 11:7

17:18 18:9,15

19:24 21:3,5

23:4 24:1,5,17

24:21 25:13,16

25:20,24 26:3,4

27:2 28:1 31:24

31:25 32:14,20

34:19 40:19,24

43:13 44:1,7,9

45:10 46:11,16

46:20 49:9

50:23,25

record 20:5

reduced 54:9

referred 11:4

referring 20:5

50:12

Registered 54:3

regular 9:23

17:19

related 54:10

relation 23:12

relative 54:12

relevance 45:5

remain 18:7

remained 18:8

remaining 15:7,9

16:20

remember 8:5

17:14 18:5

22:20 24:16

26:24 45:19

46:10,23 47:8

49:3

remove 20:21

removing 23:20

render 58:6

reporter 3:14

4:11 5:4 53:2

54:1,2,3,4,4

57:25

represent 13:13

17:13 33:7

represents 24:9

required 55:17

reserved 5:6

reservoir 11:23

rest 14:16 29:16

32:22

retagging 20:18

retained 2:18

return 56:17

revise 51:19 52:5

RE-EXAMIN...

51:8

right 7:13,21

13:3 23:17

37:22 44:22

51:21 52:2,22

52:25

Road 55:11 56:7

Robert 1:3 3:3

3:17 55:2 56:9

57:3

room 15:22

route 21:11

routine 21:11

49:11

routinely 35:22

RPR 54:19

RSMO 55:5

Rule 55:5

Russell 3:12 4:4

S

S 4:1

Saturdays 7:21

7:22

saw 24:12 30:18

49:4

saying 31:25

says 5:11

scale 13:14

school 6:21 34:16

34:17

scribbling 52:5

seal 55:21

Sec 55:5

second 47:11,14

Sedalia 3:13 4:5

see 14:1 16:15

17:8 28:7 29:1

29:8 30:24

39:14 44:10,12

45:17

seeing 50:25

seen 28:21

Send 53:4

separate 19:16

separated 19:22

22:10 29:19,20

separately 32:22

Services 4:12

55:18 56:1

set 55:20

Sexton 55:11

56:7

shed 39:3

Sheet 57:1

sheets 56:13,15

56:17

shorthand 5:3

54:3

show 13:11,14

37:4 38:20

39:10 40:5 53:5

showed 36:22

showing 37:3

38:7

shown 38:25

shut 15:14 22:14

side 12:24 13:23

14:3 16:7 23:10

23:18 24:3,3,8

28:5,17 36:23

38:19 51:12

sign 52:23 53:1,3

53:6 56:15

signature 5:5

55:11 56:13,15

56:17 57:24

signed 53:7,8

Sincerely 56:20

sir 5:17,19 6:13

sitting 29:15

situations 26:4

six 21:7 40:6,16

51:20 52:6

sketch 13:13

Slater 6:20,21,23

small 23:15 24:6

Smith 1:6 3:6,18

5:23 7:2 22:23

55:3 56:9 57:3

son 25:19

sorry 36:18

sort 8:24

sound 7:13

source 35:9

south 23:10,18

28:17 36:23

38:18 39:2,5

51:12

southwest 21:14

speak 33:14

46:15

speaking 13:6

33:13 42:14

specific 8:24

25:21

specifically 26:24

speculation 43:5

spoken 46:12,17

50:14,17

spot 37:24

spray 43:12

sprayed 43:10

49:15

square 24:14

Squiggle 37:25

St 55:19

stand 14:13,22

standing 23:8,12

37:17,20 38:2,9

38:14,14,22,24

39:1,12,21 40:7

41:14

start 11:15

started 5:8 19:19

19:25

state 3:15,16

5:14 12:18 54:5

statement 12:21

50:7 55:5

stick 44:6,10

STIPULATED5:1

Street 3:13 4:5

5:18 55:19

subpoena 6:1

subscribe 58:8

subscribing 57:4

substance 58:5

suggested 28:22

Suite 4:13



Supply 11:21

supposed 49:15

sure 6:8 20:20

26:16 38:20

sworn 3:9 5:10

54:7

T

T 4:4 55:14 56:23

tag 24:21 43:24

49:8

tagged 43:14,22

49:15

tagging 17:20

19:4,19,25 20:2

21:24 23:9

43:18

tags 20:15,16,21

20:22 23:19,20

43:8

take 17:25 20:15

29:23 39:21

50:7 52:7

taken 1:9 5:3

37:9,14 51:23

54:8,12 55:7

56:12

talked 11:9 36:3

44:14,17 50:5

talking 11:19

20:3 37:2 50:18

TAXED 55:13

teacher 34:15,16

tell 11:9 18:21

19:21 20:25

27:8 30:21 32:3

36:13 37:17

42:17 43:21

45:22,25 46:25

47:4 48:11,14

48:17,20 49:22

50:1 52:11

ten 10:2,8 21:6

tend 8:20

tenth 6:16,17,19

terms 47:17

testimony 54:6,7

Thank 56:19

thereon 58:7

thereto 54:13

57:5

thicker 38:6

things 8:10,24

think 9:22 11:4

30:15 35:18

39:2 51:10 52:6

Thirty 5:20

32:23

thought 19:21

36:13 45:22,25

threat 33:7

threaten 18:18

threatening 22:9

three 31:12 38:21

50:24

three-thirty 3:11

Thursday 7:25

8:12

Thursdays 7:20

time 7:4,7 10:13

10:16 11:1,10

12:7,7,14 13:4

14:19,24,24

16:11,15 18:14

18:14 23:2

26:20,25 28:10

28:13,21 32:21

32:24 33:3 35:2

35:9 41:6,8,9

41:17,22 42:4

45:7 46:3,6,16

48:20 49:22

50:2,2

times 16:23

27:24 41:25

42:1 46:7,17

today 5:21,25 6:6

6:9 33:15,18,21

46:3 50:5,15,18

50:19

told 19:11 25:21

30:9

TOTAL 55:13

55:15

touched 49:2

tracing 20:8

tractor 9:2

transcribed 5:4

transcript 55:9

55:16 56:15

trial 53:8 56:18

troughs 42:6

true 12:20 58:6

58:10

Truman 4:13

trumpeting35:14

try 11:13

trying 45:7

Tuesdays 8:8,11

Turn 39:24

turned 29:25

39:23

Twenty 13:7

twice 35:15

two 3:11 8:4

20:24 24:6,6

29:5 38:8,11

47:22 50:24

typewriting 5:5

54:9

typical 26:8

typically 11:11

U

udders 27:18

understand 5:21

37:10

understanding38:17

undue 45:6

unit 11:18,19

unusual 18:10

35:16

Updating 20:19

upset 19:1

usual 53:11

V

vaccinations49:19

vantage 37:2,8

39:8,12 40:7

varies 14:24

various 12:6

vary 13:6

visible 27:20

voice 26:5

vs 1:5 3:5 55:3

56:9 57:3

W

W 55:11 56:7

wage 35:4

wait 42:4

waiving 53:6

walk 15:22 22:2

30:24

wall 39:2 52:1

want 6:8 36:25

37:1,3,6,8,12

37:16,23 38:1,8

39:8 40:10 41:8

48:5 49:16

51:19 52:4,25

53:1,3

wanted 49:23

51:9

wants 53:6

Warren 5:16

wasn't 32:16

36:21 48:11,14

49:14,15

way 16:4

Wayne 8:6,7,9,10

8:14

weather 42:3

Wednesday 7:24

8:11

Wednesdays7:20

week 7:18 8:4

weekly 45:2

weight 14:24

went 30:3,10

weren't 12:22

49:19

west 4:13 14:3

16:7

we'll 53:1

we're 53:5

we've 13:11 37:1

50:18 52:1

WHEREOF55:20

wife 34:11

winter 8:20

witness 5:5 52:3

53:4,6 54:6,8

55:20 56:14

57:2,24

wondering 51:13

words 49:16

work 7:4,22

24:21 34:7

44:21,25 48:1,3

48:5

worked 7:7,12,19

7:24 8:3 9:25

10:5,13,19,22

10:23 11:1,17

45:12 46:4

working 11:3

23:5 24:2,5,9

25:23 26:1,13

26:17,20 27:14

40:16 41:2,5,13

41:17 42:9

47:24 48:7

wouldn't 8:16

9:13 41:9

write 37:6,13

writing 38:8,21

wrong 38:16

X

x 23:12,15 37:23

55:11

Y

yeah 6:10 26:7

37:11 39:4 45:9

45:17

years 5:20 7:10

10:2,8 40:16,25



41:3

yell 26:5 28:24

31:15 32:3

yelled 28:16

$

$8 35:8

#

#993 54:19

1

1 2:10 37:12 38:3

104 5:18

114 3:12 4:5

13 2:16

13CO-CC0000...1:5 3:5 55:3

15 2:16 13:12,14

14:4 20:6 37:1

37:3,8,13 38:9

38:22,23 39:11

39:23 40:3,6

51:10

180 39:24

1985 55:5

2

2 2:11 38:8 55:5

2:13 5:8

20 58:12

2012 17:12 27:6

28:2 30:7 33:3

33:9 34:3,24

35:4,25 42:18

42:23 43:2

44:22 46:13

48:12,15

2013 7:13

2015 1:10 3:10

55:7,21 56:3,12

207 4:13

25 13:7

3

3 2:12 38:21

3:21 53:12

30 1:10 17:12,21

27:6 28:2 30:7

33:3,9 34:3,24

35:4,13,25

42:18,23 43:1

44:21 46:13

48:12,15 53:7

55:7 56:12

30th 3:10

30,2012 36:17

3210 4:9 55:9

34 2:3

3432 4:13

37 2:10

38 2:11,12,13

39 2:14

4

4 2:13 38:23 56:3

40 2:15

492.590 55:5

5

5 2:2,14 39:10

5th 3:13 4:5

51 2:4

57.03 55:5

573)636-75514:14

6

6 2:15 40:5,13

51:10

6-18-62 6:14

63101 55:19

65109 4:13

65201 4:9 55:10

65203 55:12 56:7

65302-0815 4:5

7

711 55:19

720 55:11 56:7

8

8:30 11:12

9

9 11:12

95 41:8

993 1:11

Fred Butler - Full

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