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rodriguez

VIEWS: 40 PAGES: 151

									                                                            Page 1
                     NO. 03-05-379
RANDY HUGHES, Individually    )    IN THE DISTRICT COURT
and as Personal Representative)
for the ESTATE OF SHILOH      )
HUGHES; CLINT ROYSE,          )
Individually and as Personal )
Representative for the ESTATE )
OF AFTON HUGHES ROYSE; and as )
Next Friend of JAGR ROYSE;    )
WILLIE WATKINS; Individually )
and as Personal Representative)
for the ESTATE OF JOYCE       )
WATKINS; SHIRLEY RITCHEY;     )
CAROLYN LARGENT; BETTY GENTRY )
and JOHNNY WATKINS            )
         Plaintiffs,          )
                              )
VS.                           )   OF WISE COUNTY, TEXAS
                              )
TXI TRANSPORTATION COMPANY;   )
AURELIO MELENDEZ; and RICARDO )
REYNA RODRIGUEZ               )
VS.                           )
WILLIE WATKINS, Individually )
and as Personal Representative)
for the ESTATE OF KIMBERLY    )
WATKINS HUGHES                )   271st JUDICIAL DISTRICT

********************************************************
            ORAL AND VIDEOTAPED DEPOSITION OF
                   RICARDO RODRIGUEZ
                    November 19, 2003
                      Volume 1 of 1
********************************************************


    ORAL AND VIDEOTAPED DEPOSITION of RICARDO RODRIGUEZ,
produced as a witness at the instance of the Plaintiff,
and duly sworn, was taken in the above-styled and
numbered cause on the 19th of November, 2003, from 9:50
a.m. to 5:05 p.m., before Pamela Wilson Goodwyn, CSR in
and for the State of Texas, reported by computerized
stenographic method, at the offices of Stradley &
Wright, Abrams Centre, 9330 LBJ Freeway, Dallas, Texas,
pursuant to the Texas Rules of Civil Procedure and the
provisions stated on the record or attached hereto.
                                                    Page 2
 1                       A P P E A R A N C E S

 2 FOR THE PLAINTIFFS:
                 BY: MR. MICHAEL A. SIMPSON
 3               SBOT No: 18403650
                 MR. DERRICK S. BOYD
 4               SBOT No: 00790350
                 MR. G. ALAN POWERS
 5               SBOT No: 24005089
                 P.O. Box 685
 6               SIMPSON, BOYD & POWERS, PLLC
                 P.O. Box 957
 7               Decatur, Texas
                 Telephone: (940) 627-8308
 8               Fax: (940) 683-3122

 9

10
   FOR THE DEFENDANTS:
11               MR. MARK STRADLEY
                 STRADLEY & WRIGHT
12               Abrams Centre, 9330 LBJ Freeway,
                 Suite 1400
13               Dallas, Texas 75243

14
     ALSO PRESENT:
15                   Mr. Jonathan Kennemer
                     Ms. Lisa Block, Videographer
16

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                                                                     Page 5
 1                               INDEX

 2 Appearances........................................         2

 3 Stipulations.......................................         3

 4 RICARDO RODRIGUEZ

 5    Examination   by   Mr.   Simpson.....................    7
      Examination   by   Mr.   Stradley ...................    138
 6    Examination   by   Mr.   Simpson ....................    142
      Examination   by   Mr.   Stradley ...................    145
 7
   Signature and Changes..............................         147
 8 Reporter's Certificate.............................         149

 9                             EXHIBITS

10 NO. DESCRIPTION                                   PAGE
   1................................................. 81
11     Driver's Application for Employment

12 2.................................................         104
       Driver's log
13
   3.................................................         114
14     Photo of tractor/trailer

15 4.................................................         114
       Photo of tractor/trailer
16
   5.................................................         142
17     Sketch

18 6................................................. 148
       Sketch
19
                REQUESTED DOCUMENTS/INFORMATION
20
   NO. DESCRIPTION                                    PAGE
21                          (NONE)

22                    CERTIFIED QUESTIONS
   NO.                                          PAGE/LINE
23 1.............................................. 77:1

24

25
                                                               Page 6
 1                  P R O C E E D I N G S

 2              (Proceedings were had on

 3              the 19th day of November, 2003.)

 4              THE VIDEOGRAPHER:     We're going on the

 5 record November 19th, 2003, for the deposition of

 6 Ricardo Reyna Rodriguez in a case styled Randy Hughes,

 7 et al, versus TXI Transportation Company, et al, versus

 8 Willie Watkins, et al, in a case numbered 03-05-379, in

 9 the District Court of Wise County, Texas, 271st Judicial

10 District.

11              The time is now 9:50.

12              If Counsel present will please state their

13 names and who they represent for the record, after which

14 the Court Reporter will please swear in the witness.

15              MR. SIMPSON:    Mike Simpson, Derrick Boyd,

16 and Alan Powers for the Hughes, Watkins, and Royse

17 family.

18              MR. STRADLEY:    Mark Stradley for

19 Defendants, Melendez, Rodriguez, and TXI.

20              THE COURT REPORTER:    Okay.   If you'll

21 raise your right hand, I'm going to swear you in.

22              THE WITNESS: (The Witness complied.)

23              THE COURT REPORTER:    Do you swear that the

24 answers you're about to give to be the truth, the whole

25 truth, and nothing but the truth, so help you God?
                                                                  Page 7
 1                THE WITNESS:    Yes, I do.

 2                THE COURT REPORTER:      You may proceed.

 3                     RICARDO RODRIGUEZ,

 4 having being first duly sworn, testified as follows:

 5                           EXAMINATION

 6 BY MR. SIMPSON:

 7    Q.   Mr. Rodriguez, my name is Mike Simpson.        Would

 8 you please state your full name and address for the

 9 jury?

10    A.   Yes.    I'm Ricardo Rodriguez.

11                My address is 2242 Fort Worth Avenue,

12 No. 217, Dallas, Texas 75211.

13    Q.   Have you ever had a deposition taken before

14 like is being done today?

15    A.   No.

16    Q.   Do you understand that you're under oath to

17 tell the truth?

18    A.   Yes.

19    Q.   Have you ever been involved in a court

20 proceeding of any sort?

21    A.   No.

22    Q.   Do you understand that your answers to my

23 questions here today are under oath?

24    A.   Yes.

25    Q.   Mr. Rodriguez, if at any time you do not
                                                              Page 8
 1 understand my question, will you please ask me to repeat

 2 it; is that fair enough?

 3    A.   Okay.

 4    Q.   Is that fair?

 5    A.   Yes.

 6    Q.   If you have answered my question, I will take

 7 that -- take it that you have understood my question and

 8 answered it to the best of your ability; is that also

 9 fair?

10    A.   Yes.

11    Q.   So if you have any questions or if I have not

12 made myself clear in any way, I want you to tell me; is

13 that fair?

14    A.   Okay.

15    Q.   And you will tell me if you do not understand

16 my question?

17    A.   I will.

18    Q.   Are you able to read and write English?

19    A.   Right.

20    Q.   You are able to read and write English?

21    A.   I think about 70 percent.

22    Q.   You seem to be able to understand everything

23 I've said, have you not, so far?

24    A.   Yes.

25    Q.   And you have no problem in answering the
                                                              Page 9
 1 questions that I'm going to ask you under oath in

 2 English, do you?

 3    A.   Will you repeat the question?

 4    Q.   Okay.     I want to make sure that you are

 5 comfortable answering the questions that I ask under

 6 oath in English?

 7    A.   I try.     I try.

 8    Q.   Yeah.     But --

 9                 And that's --

10                 My question, not that you'll try.    My

11 question is:    Will you be --

12                 Do you feel comfortable in talking in

13 English about the questions and areas that we're going

14 to talk about today?

15    A.   Well, if it is possible, it's better for me --

16 somebody to translate me the question is better.

17    Q.   Okay.     Would you like to stop the deposition

18 then and do that, and have your attorneys get you an

19 interpreter because you don't think you could understand

20 my questions?

21    A.   (No audible response.)

22    Q.   You have that choice.

23                 I want to make sure that what I'm asking

24 you today that you have understood it and answered it to

25 the best of your ability, because you are under oath.
                                                                 Page 10
 1                   It's your decision as to which -- whether

 2 you wish to have an interpreter or not?

 3    A.     Let's -- Let's do in English.     It's okay.

 4    Q.     Okay.     It's okay to do it in English?

 5    A.     Yes.

 6    Q.     Do you understand that your answers to my

 7 questions can be used in front of a jury in a trial of

 8 this case?

 9    A.     Would you repeat the question?

10    Q.     Okay.    The questions that I am asking you are

11 under oath; do you understand that?

12    A.     Yes.

13    Q.     Okay.    Since your answers to my questions are

14 under oath, I can read those or show those to the jury

15 in the trial of this case; do you understand that?

16    A.     Yes.

17    Q.     Now, Mr. Rodriguez, I know very little about

18 you, and so if you will bear with me, I am going to ask

19 you several questions about different aspects of your

20 life.   Okay?

21    A.     Okay.

22    Q.     And what I would like to start with at first

23 would be basically from the point in time that you were

24 born -- the date that you were born, and where you were

25 born, and we're going to go all the way up through
                                                                    Page 11
 1 current.    Okay?

 2    A.      Okay.

 3    Q.      And so I know it's going to be a little bit

 4 lengthy, but I've got to ask you these questions,

 5 because I know very little about you.       Okay?

 6    A.      Okay.

 7    Q.      Where were you born?

 8    A.      Mexico.

 9    Q.      Where in Mexico?

10    A.      Monterrey, Monterrey City, Mexico.

11    Q.      And what's your date of birth?

12    A.      It's 05/02/60.

13    Q.      So May 2nd, 1960?

14    A.      Right.

15    Q.      So you're 43 years old?

16    A.      Right.    Yes.

17    Q.      What were your parents' names?

18    A.      My father's --

19    Q.      Yeah.    What's your father's name?

20    A.      Ricardo Rodriguez and Adella, Adella Reyna.

21    Q.      Okay.    Your mom's name is Adella Reyna?

22    A.      Right.    Adella Reyna.

23    Q.      Okay.    And how do you spell Reyna?     R-e-y-n-a?

24    A.      Yes.    Correct.

25    Q.      How long did you live in Monterrey, Mexico?
                                                             Page 12
 1    A.   Twenty years.

 2    Q.   Twenty years?

 3    A.   Uh-huh.      Yes.

 4    Q.   Did you live with your parents the entire time?

 5    A.   Yes.

 6    Q.   What did your father do for a living?

 7    A.   Truck driver.

 8    Q.   Okay.      What kind of truck driver?

 9    A.   Eighteen wheels.

10    Q.   Do you know who he worked for?

11    A.   For Mar Transports.

12    Q.   How do you spell that?

13    A.   M-a-r Transports.

14    Q.   Did he drive any in the United States, or did

15 he just drive in Mexico?

16    A.   Repeat the question.

17    Q.   Did he drive in the United States, or did he

18 drive in Mexico?

19    A.   Just Mexico.

20    Q.   What kind of license did he have?

21    A.   Like commercial.

22    Q.   What did he haul?

23    A.   Idle.

24    Q.   What?

25    A.   Idle.
                                                             Page 13
 1    Q.     What is that now?

 2    A.     Idle is a steel.

 3    Q.     Okay.   And how many years was he a truck

 4 driver?

 5    A.     Forty years.

 6    Q.     How many trucks did he own?

 7    A.     He's not -- He's not an owner.   He is just a

 8 driver.

 9    Q.     Okay.   Just a driver?

10    A.     Yes.

11    Q.     Do you have any brothers or sisters?

12    A.     Yes.

13    Q.     Okay.   Where do they live?

14    A.     Is one on Miami, Florida; and there is five

15 more in Mexico.

16    Q.     Okay.   So one sister and five brothers?

17    A.     They are five men --

18    Q.     Okay.

19    A.     -- and two sisters.

20    Q.     Okay.   And the five men live in Mexico?

21    A.     Five men live in Mexico, and two sisters.

22    Q.     Okay.   Do any of them live in the U.S. -- in

23 the United States?

24    A.     Just me and my brother.

25    Q.     Okay.   And then you have five other brothers
                                                                Page 14
 1 and two other sisters?

 2    A.      Yes.

 3    Q.      But you only have one brother that lives in the

 4 United States?

 5    A.      Right.

 6    Q.      Where does he live?

 7    A.      I don't remember the address.    He's in Miami.

 8    Q.      Okay.    Lives in Miami?

 9    A.      Yes.

10    Q.      What does he do for a living?

11    A.      He's a news -- news reporter.

12    Q.      Is he older or younger?

13    A.      He's younger.

14    Q.      How young is he?

15    A.      Forty-two.

16    Q.      Forty-two.

17                   Do any of your brothers that live in

18 Mexico drive trucks?

19    A.      Yes.

20    Q.      Do all of them drive trucks?

21    A.      Just two -- two of them.

22    Q.      Two?

23    A.      Two of them.

24    Q.      Do they work with your father at the same

25 company?
                                                                Page 15
 1    A.     No.

 2    Q.     You left Mexico when you were how old?

 3                   You said you lived there for 20 years --

 4    A.     Yes.

 5    Q.     -- so --

 6                   Okay.   You were 20 years old when you

 7 left?

 8    A.     I don't remember exactly.

 9    Q.     Did you go to school in Mexico?

10    A.     Yes.

11    Q.     What level of school did you attain?

12    A.     I was nine years.

13    Q.     Nine years?

14    A.     Nine years.

15    Q.     So did you go to school through age 15?

16    A.     Probably, yeah.

17    Q.     Okay.

18    A.     Fifteen.

19    Q.     Okay.    What did you do after leaving school at

20 age 15?

21    A.     Carpenter.

22    Q.     Did you have any other jobs in Mexico besides

23 being a carpenter?

24    A.     After carpenter a driver, truck driver.

25    Q.     In Mexico?
                                                               Page 16
 1    A.   In Mexico.

 2    Q.   How many years did you drive a truck in Mexico?

 3    A.   Well, I am driver -- truck driver about 20

 4 years in all.

 5    Q.   I don't understand that.     What -- What are you

 6 telling me?

 7    A.   I am a truck driver 20 years ago.

 8    Q.   You were 20 years ago a truck driver?

 9    A.   Yes.

10    Q.   Okay.     Well, did you --

11                 Were you a truck driver in Mexico?

12    A.   Yes.

13    Q.   For how many years?

14    A.   I think three years.

15    Q.   What did --

16                 What kind of trucks did you drive?

17    A.   Eighteen -- Eighteen wheels.

18    Q.   What did you haul?

19    A.   Steel.

20    Q.   Did you work for your dad's company -- or the

21 company your father worked for?

22    A.   Yes.

23    Q.   And what was the name of that company?

24    A.   Mar.

25    Q.   Why did you leave Mar?
                                                                Page 17
 1    A.      Will you repeat the question?

 2    Q.      Why did you leave that company?     Why did you

 3 quit driving a truck for that company?

 4    A.      Well, for -- looking for more money.

 5    Q.      Okay.   And where did you go looking for more

 6 money?

 7    A.      I'm not clear.   I'm not clear --

 8    Q.      Well, you said you left Mars to make more

 9 money.    Where did you go to next?

10    A.     To the United States.

11    Q.     What kind of license did you have in Mexico?

12    A.     It's called a federal license.     It's like a

13 commercial here in this country.

14    Q.     What do you have to do to get a license in

15 Mexico to drive an 18-wheeler?

16    A.     Just pass a driving test, that's it.

17    Q.     How long did you drive trucks in Mexico?

18    A.     Three years.

19    Q.     Did you have any accidents in Mexico driving a

20 truck?

21    A.     No.

22    Q.     Was your license ever suspended or revoked in

23 Mexico?

24    A.     No.

25    Q.     You never had any problems at all with your
                                                                  Page 18
 1 license?

 2    A.      No.

 3    Q.      After you worked for Mars for three years you

 4 came to the United States?

 5    A.      Yes.

 6    Q.      Where did you move to in the United States?

 7    A.      To Dallas, Texas.

 8    Q.      And do you know what year that would've been?

 9    A.      I don't remember.

10    Q.      Well, if -- if you left --

11                   Do you know how old you were when you left

12 Mexico to come to the United States?

13    A.      I don't remember.

14    Q.      Well, you told me that you left Mexico when you

15 were 20 years of age; is that correct?

16    A.      That is correct.

17    Q.      So that would've been 1980.    If you add 20

18 years to your birthdate that would've been coming to

19 Dallas, Texas, in about 1980.      Is that correct?

20    A.      1980; that's correct.

21    Q.      Does Mars Transport, does it still exist?

22    A.      Would you repeat --

23    Q.      Okay.    The company that you worked for and your

24 father worked for, does that company still exist?

25    A.      No, sir, it don't.
                                                                Page 19
 1       Q.   It does not?

 2       A.   No.

 3       Q.   Is your father still alive?

 4       A.   Yes, he is.

 5       Q.   Does he drive a truck?

 6       A.   Not anymore.

 7       Q.   Now, you came to the United States and moved to

 8 Dallas in 1980, approximately; is that correct?

 9       A.   That is correct.

10       Q.   What type of job did you have when you moved to

11 Dallas, Texas?

12       A.   Busboy.

13       Q.   Okay.   How long did you live in Dallas, Texas?

14       A.   About a year.

15       Q.   A year?

16       A.   Uh-huh.    Yes.

17       Q.   Do you remember what part of Dallas you lived

18 in?

19       A.   What part?

20                  West Dallas.

21       Q.   Do you remember the street?

22       A.   No.

23       Q.   Where did you go from Dallas?    You lived one

24 year in Dallas.      Where did you go from there?

25       A.   Back to Mexico.
                                                             Page 20
 1    Q.   What did you do in Mexico then?

 2    A.   Drive, drive again.

 3    Q.   Who did you drive for?

 4    A.   Let's see.     I don't remember right now.

 5    Q.   How many years did you drive a truck in Mexico?

 6    A.   Four -- Four more years.

 7    Q.   And you don't remember who you drove for?

 8    A.   No.

 9    Q.   Did you drive for different companies or for

10 one company during that four-year period?

11    A.   For different companies.

12    Q.   Several different companies?

13    A.   Excuse me?

14    Q.   Did you drive for several different companies?

15 Did you have several different jobs?

16    A.   There are few companies.

17    Q.   Fuel companies?

18    A.   Few companies.

19                No.   No.   Few --

20                Many -- Many companies.

21    Q.   Many companies?

22    A.   Many companies.

23    Q.   That you drove for?

24    A.   Yes.

25    Q.   Did you ever get terminated by any of those
                                                                Page 21
 1 companies?

 2    A.   No.     No.

 3    Q.   Why did you change jobs so many times?

 4    A.   I cannot explain exactly, because it's --

 5                 The system in the United States is

 6 different than the work to there -- to Mexico.        It's

 7 just very different.

 8    Q.   Did you have any accidents in those four years

 9 that you drove trucks in New Mexico from 1980 to 1984?

10    A.   No.

11    Q.   Was your license ever suspended or revoked

12 during that time period?

13    A.   No, sir.      No.

14    Q.   You never got any speeding tickets or anything

15 like that?

16    A.   No.

17               MR. BOYD:     You said, "New Mexico."

18    Q.   Excuse me.

19               In Mexico?

20               I said, New Mexico.

21    A.   Mexico.

22    Q.   Yeah.    In Mexico?    Was your license ever

23 suspended or revoked in Mexico during -- from 1980 to

24 1984?

25    A.   No.
                                                                   Page 22
 1    Q.      And you never got any speeding tickets in

 2 Mexico from 1980 to 1984?

 3    A.      No.

 4    Q.      Okay.     In 1984, what did you do?

 5    A.      Helping -- Helping to -- one of my brothers to

 6 drive.

 7    Q.      To drive?

 8    A.      Yes.

 9    Q.      In the United States or in Mexico?

10    A.      Mexico.

11    Q.      Now, you told me you drove in Mexico for four

12 years?

13    A.      Right.

14    Q.      Okay.    What did you do after you drove in

15 Mexico for four years?

16    A.      Helped my brother.    Just help my brother.

17    Q.      How many years did you help your brother?

18    A.      Around two years.

19    Q.      Where did you help your brother?      What -- What

20 country?

21    A.      Mexico.

22    Q.      Okay.    That brings us to 1986.   What did you do

23 after you helped your brother for two years?

24    A.      At times I came to the United States.

25    Q.      So you would've come again to the United States
                                                               Page 23
 1 in approximately 1986; correct?

 2    A.   Correct.

 3    Q.   What did you do to help your brother?     What

 4 kind of jobs did you have to help your brother?

 5    A.   You mean in Mexico?

 6    Q.   Yes.     When you were helping your brother for

 7 two years, what were you doing?

 8    A.   Driving.

 9    Q.   Okay.     Did he have a trucking company, or what

10 did he have?

11    A.   No, he -- he is an employee.

12    Q.   Well, how were you helping him?

13    A.   Will you repeat the question?

14    Q.   Were -- Were you riding with him, or how did

15 you help him?

16    A.   Driving -- Driving sometimes.

17    Q.   Did he drive and then you drive some?

18    A.   Yes.

19    Q.   Was it the same truck?

20    A.   The same truck.

21    Q.   So you all took turns driving the truck?

22    A.   Excuse me?

23    Q.   You all took turns -- or helped each other

24 drive a truck?

25    A.   Yes.
                                                                   Page 24
 1        Q.   In 1986 when you moved back to the United

 2 States, what did you do?

 3        A.   Worked -- Worked like a carpenter, carpenter

 4 helper.

 5        Q.   How long did you do that?

 6        A.   Six months.

 7        Q.   And then what did you do next?

 8        A.   I worked for Staffing Solutions.    It's a

 9 temporary job.

10     Q.      What did you do for them?

11     A.      Worked for Data-- Data Instruments.

12     Q.      And what did you do?   I mean, what was your

13 job?

14     A.      Stacking boxes on the -- on the pallets.

15     Q.      Okay.   How many years did you do that?

16     A.      Six months.

17     Q.      Now, when you were a carpenter's helper, where

18 were you a carpenter's helper in the United States?

19     A.      For a contractor -- a contractor.   He works --

20 He works alone.      He -- He works for a company.

21     Q.      Okay.   Whereabouts were you a carpenter?    What

22 city were you a carpenter in?

23     A.      Dallas, Texas.

24     Q.      And Data Instruments that you worked for for

25 six months, where was that located?      What city?
                                                                Page 25
 1    A.   It's Hutchins.     Hutchins, Texas.

 2    Q.   Okay.     Do you remember in 1986 where you lived

 3 in Dallas?

 4    A.   Not exactly.

 5    Q.   What about in Hutchins?

 6    A.   No.     The -- The company Data Documents, it's on

 7 Hutchins, and I go to there --

 8    Q.   Okay.

 9    A.   -- from Dallas to -- to there.

10    Q.   Okay.    After the job with Data Instruments, who

11 did you work for next?

12    A.   For Saldana -- Saldana Trucking.

13    Q.   Okay.    Would that have been approximately 1987?

14    A.   Yes, 1997.

15    Q.   1987?

16    A.   1997, yes.

17    Q.   How long did you work for Saldana Trucking?

18    A.   Six months.    Six months, I guess.

19    Q.   What did you do for them?

20    A.   Truck driver.

21    Q.   Did you drive an 18-wheeler?

22    A.   Yes.

23    Q.   And what kind of business --

24                What did you haul in that 18-wheeler?

25    A.   Hauling sand and gravel.
                                                               Page 26
 1    Q.     And you worked for Saldana Trucking for six

 2 months?

 3    A.     Yes.

 4    Q.     Why did you leave Saldana Trucking?

 5    A.     To --

 6                   For more money.

 7    Q.     Okay.     Where did you go to next?

 8    A.     His -- His name is Hermilo Jasso.

 9    Q.     How do you spell his last name?

10    A.     J-a-s-s-o.

11    Q.     Okay.    And how long did you work for Hermilo

12 Jasso?

13    A.     For around -- around two years.

14    Q.     And you were a driver?

15    A.     Yes, truck driver.

16    Q.     And you drove an 18-wheeler?

17    A.     Yes.

18    Q.     And you hauled sand and gravel?

19    A.     Yes.

20    Q.     Okay.    That brings us to 1989 that you worked

21 with Mr. Jasso; correct?

22    A.     Yes.

23    Q.     Who was the next company you worked for?

24    A.     With Pedro Guerra.

25    Q.     And how long did you work for Pedro Guerra?
                                                                  Page 27
 1    A.     Excuse me.    Do you need the exact time?

 2    Q.     Approximate time that you worked for

 3 Mr. Guerra?

 4    A.     I don't remember exactly.     It was a few months.

 5    Q.     Okay.    And who did you work for after

 6 Mr. Guerra?

 7    A.     For Aggregate.

 8    Q.     And how long did you work for Aggregate?

 9    A.     It was a few months.     I don't remember.

10    Q.     And who did you work for after Aggregate?

11    A.     Well, Aggregate is -- is the company who was

12 leasing of Pedro Guerra.

13    Q.     Okay.    So who did you work for after Pedro

14 Guerra?

15    A.     For Sixto.

16    Q.     How do you spell that?

17    A.     S-i-x-t, like Tom,-o.

18    Q.     Okay.

19    A.     Sixto.

20    Q.     Sixto Trucking?

21    A.     Well, his -- his name is Sixto Quezada.

22    Q.     Okay.    How long did you work for Mr. Quezada?

23    A.     Just few months.   I don't remember.

24    Q.     Two months?

25    A.     A few months.
                                                                 Page 28
 1       Q.   And who did you work for after Sixto Quezada?

 2       A.   For Aggregate.

 3       Q.   And how long for Aggregate?

 4       A.   Well, Aggregate is Sixto Quezada.    He's the

 5 same company.

 6       Q.   Okay.

 7       A.   I don't remember.

 8       Q.   Okay.   And then after working for Sixto

 9 Quezada, who did you work for next?

10       A.   For Mr. Melendez.

11       Q.   And how long have you worked for Mr. Melendez?

12       A.   Today, around -- around two years.

13       Q.   So after you worked for Sixto Quezada you

14 worked for Mr. Melendez; correct?

15       A.   Correct.

16       Q.   Have you worked for anybody else?

17       A.   No.   Pedro Guerra was leasing with Aggregate,

18 and a few months with ITX.     It's a company located in

19 Garland, that's it.

20       Q.   Okay.   We have a problem here, and I want to go

21 ahead and talk to you about that and see if you can help

22 me.

23                  We have you coming back to the United

24 States in 1986?

25       A.   1996, yes.
                                                                 Page 29
 1     Q.    Yes.     Your truck driving jobs do not add up to

 2 2003.    We basically have you until 1991, if you -- if

 3 took all of these jobs.      Have you left out some of your

 4 employers, because we have about 10 years unaccounted

 5 for?

 6     A.    I don't understand.

 7     Q.    Okay.     You said the first trucking company you

 8 ever worked for in the United States was Saldana

 9 Trucking?

10    A.     Saldana, right.

11    Q.     Saldana?

12    A.     Right.

13    Q.     And that you started working for them in 1987?

14    A.     Yes.

15    Q.     Okay.    And then the next company you said that

16 you worked --

17                  And you worked for Saldana for six months?

18    A.     Yes.

19    Q.     Okay.    And then the next job that you had in

20 the United States working for a trucking company was

21 Hermilo Jasso?

22    A.     Right.

23    Q.     And you said you worked for him for two years?

24    A.     Yes.

25    Q.     And then the next guy that you drove for was
                                                                 Page 30
 1 Pedro Guerra, and you said that you worked for Pedro a

 2 few months?

 3    A.    Yes.

 4    Q.    And then the next company you said you worked

 5 for was Sixto Quezada?

 6    A.    Yes.

 7    Q.    You said you worked for him for a few months?

 8    A.    Yes.

 9    Q.    And then the next company you worked for was

10 Mr. Melendez and you said you worked for him for two

11 years?

12    A.    Now, two years, yes.

13    Q.    Had you worked for him before?      Have you only

14 worked for Mr. Melendez for two years?

15    A.    Yes, two years.

16    Q.    Well, that brings us to 1992.      That's 11 years

17 that are unaccounted for.      Who did you work for during

18 that time period?

19    A.    From -- From when to when?

20    Q.    From 1987 until today, who have you worked for?

21    A.    From -- From 1997?

22    Q.    Yes.

23                 MR. STRADLEY:    Objection; form.

24                 May I explain?

25                 MR. SIMPSON:    Sure.
                                                                      Page 31
 1                    MR. STRADLEY:    I hear you saying '87.   I

 2 think I hear him saying '97.

 3                    MR. SIMPSON:    Okay.   But '97 doesn't work,

 4 because -- I mean --

 5                    MR. STRADLEY:    That's just what I thought

 6 I heard.

 7                    MR. SIMPSON:    Okay.   That's fine, and I

 8 appreciate that, because I'm -- I'm just trying to get

 9 the facts out; that's all I'm trying to do.

10    Q.      (BY MR. SIMPSON)       The second time that you came

11 to the United States was what year, do you recall?

12    A.      1996.

13    Q.      Since 1986, who have you worked for?

14                   MR. STRADLEY:     Objection; form.

15    A.      (BY THE WITNESS)       I say a carpenter.

16    Q.      Yeah.    You worked for a carpenter for six

17 months; correct?

18    A.      Yes.

19    Q.      And then your next job was for Data

20 Instruments; correct?

21    A.      Yes.

22    Q.      And you worked for them six months?

23    A.      Yes.

24    Q.      And that brings us to 1987, doesn't it?

25    A.      Yes.
                                                                     Page 32
 1    Q.    And there are --

 2                  From 1987 until 2003, that's 16 years; do

 3 you agree?

 4    A.    Sixteen years.

 5    Q.    That you were in the United States.         From 1987

 6 until today would be approximately 16 years?

 7    A.    No, I'm here in the United States from 1996.

 8    Q.    Yes, from 1986.

 9                  MR. STRADLEY:    Form.

10    A.    (BY THE WITNESS)    1996.

11               MR. SIMPSON:       Is he saying '96?

12               MR. STRADLEY:       He's saying '96.

13    Q.    (BY MR. SIMPSON)    Okay.       You came to the United

14 States in 1996 or 1986?

15    A.    1996.

16    Q.    Okay.

17               MR. SIMPSON:       Can we have just a minute

18 here?

19               MR. STRADLEY:       Yes.

20               MR. SIMPSON:       Let's take a short break.

21               THE VIDEOGRAPHER:       Going off the record at

22 10:36.

23               (A brief recess was taken.)

24               THE VIDEOGRAPHER:       We're back on the

25 record at 10:49.
                                                             Page 33
 1    Q.    (BY MR. SIMPSON)    Mr. Rodriguez, why did you

 2 leave the United States the first time?

 3    A.    For problems to get a job.

 4    Q.    Were you deported the first time?

 5    A.    No.

 6    Q.    Why did you have to go back, because you

 7 couldn't get a job?

 8    A.    Yes, for no -- for no job.

 9    Q.    Were --

10                 Was there any kind of law enforcement

11 action against you to send you back, or how did that

12 occur?

13    A.    No, just I'm not working.

14    Q.    Well, did you voluntarily go back to Mexico?

15    A.    Yes.

16    Q.    You weren't sent back?

17    A.    Yes.

18    Q.    Were you sent back, or did you voluntarily go

19 back to Mexico?

20    A.    Voluntary back to Mexico.

21    Q.    The trucking companies that you have gave me

22 that you worked for, have you worked for any other

23 trucking companies other than the trucking companies

24 that you have given me names of?

25    A.    Excuse me?
                                                                   Page 34
 1    Q.      Okay.     You have given me the different trucking

 2 companies that you have worked for.       Can you remember

 3 any other trucking companies that you have worked for

 4 that you have not given me the name so far?

 5    A.      Mexico --

 6                    You say in Mexico?

 7    Q.      No, in the United States?

 8    A.      No.     No.

 9    Q.      Did you have, or had you had any accidents

10 while driving an 18-wheeler?

11    A.      Not in Mexico.

12    Q.      What about the United States?

13    A.      One for Mr. Jasso.

14    Q.      For who?

15    A.      Jasso.

16    Q.      Jasso.

17                  Okay.   Any other accidents other than the

18 one that's the subject of this lawsuit?

19    A.      One this past year, December 17.

20    Q.      Okay.    Any other accident that you have had

21 driving an 18-wheeler or an auto or truck?

22    A.      No.

23    Q.      Tell me about the accident with Mr. Jasso's

24 company?

25    A.      This happened in Ferris, Texas, was on a -- on
                                                                 Page 35
 1 a curve.    The trailer turned over, that's it.

 2    Q.      Okay.

 3    A.      Jasso -- was loaded.

 4    Q.      When it was being loaded it turned over?

 5    A.      Yes.

 6    Q.      Was anyone hurt?

 7    A.      No.

 8    Q.      No one was killed?

 9    A.      No.

10    Q.      Were there any tickets issued -- tickets

11 issued?

12    A.      No.

13    Q.      Were police involved?

14    A.      Yes.

15    Q.      Why were they involved?

16    A.      State police.

17    Q.      Okay.    Where did it turn over?

18    A.      Well, the --

19                   They take the -- take the curve too fast.

20    Q.      Took a curve too fast?

21    A.      Uh-huh.    Yes.

22    Q.      You were not given a ticket though?

23    A.      No.

24    Q.      And which highway were you on when you took the

25 curve too fast?
                                                              Page 36
 1    A.    I don't -- I don't remember the -- the number.

 2    Q.    Was there another vehicle involved in the

 3 accident?

 4    A.    No.

 5    Q.    So there wasn't another vehicle?

 6    A.    No.

 7    Q.    What about traffic tickets, have you received

 8 any traffic tickets in either a truck or an automobile?

 9    A.    For three tickets.

10    Q.   Okay.    When did you receive the three tickets?

11    A.   I -- I think -- I think one in probably '99.

12    Q.   Who were you driving for?

13    A.   For Mr. Jasso --

14                For Heimilo Jasso.

15    Q.   What did you get the ticket for?

16    A.   For speed limit.

17    Q.   And how fast were you going?

18    A.   Sixty -- Sixty-seven.

19    Q.   In a 55?

20    A.   No, 60; speed limit 60.

21    Q.   Whereabouts was that?

22    A.   I think two more on the '98.

23    Q.   Where?

24    A.   Two -- Two tickets more on the '98.

25    Q.   Okay.    But your '99 ticket with Mr. Jasso,
                                                              Page 37
 1 where did -- what county did you receive that ticket in?

 2    A.    I don't know.

 3    Q.    Or city?     What county or city?

 4    A.    I don't know.     It was close to -- to Denton.

 5    Q.    On 380?

 6    A.    380.     Right.

 7    Q.    Okay.     And then you got two more tickets in

 8 1998?

 9    A.    Yes.

10    Q.    And who were you working for then?

11    A.    For the same person, Jasso.

12    Q.    Jasso?

13    A.    Right.

14    Q.    And was it a speeding ticket?

15    A.    Yes.

16    Q.    How fast were you going?

17    A.    One -- One was on -- on Bridgeport, Bridgeport

18 Texas.

19    Q.    How fast were you going?

20    A.    Thirty -- Thirty-six.

21    Q.    In a what?

22    A.    On 30.

23    Q.    Thirty-six miles per hour?

24    A.    Yes.

25    Q.    In a 30 speed zone?
                                                              Page 38
 1     A.   Yes.

 2     Q.   Whereabouts in Bridgeport?

 3     A.   This was on the 114 -- 114.

 4     Q.   Where is there a 114 speed limit of 30 miles

 5 per hour?

 6     A.   Because it is the town of Bridgeport.

 7     Q.   Okay.    And then what's your other ticket in

 8 '98?

 9     A.   The '98 was close to Denton on 380.

10    Q.    And how fast were you going?

11    A.    Around 67.

12    Q.    Okay.    Did you get two tickets in Denton --

13 around Denton, or one?

14    A.    Just one.

15    Q.    Okay.    You said you had three tickets; right?

16    A.    Right.

17    Q.    Tell me where the three tickets are; one in the

18 City of Bridgeport, one outside of Denton --

19                 Where's the third ticket?

20    A.    The third ticket was on 287.

21    Q.    What town was it near?

22    A.    It was -- was on the night.    I don't remember

23 what -- what town it was.

24    Q.    Do you know what the speed was?

25    A.    Well, the officer -- the officer say probably
                                                                Page 39
 1 it was 68.

 2    Q.      Where on 287?

 3    A.      287, and probably the 156.

 4    Q.      Were you let go from Jasso Trucking because of

 5 your tickets?

 6    A.      No.

 7    Q.      Did you get punished or reprimanded by Jasso

 8 for the three tickets that you got?

 9    A.      No.

10    Q.      They did not terminate you?

11    A.      No.

12    Q.      What company was Mr. Jasso leased to?

13    A.      For TXI.

14    Q.      So you were not let go after those three

15 tickets?

16    A.      No.

17    Q.      Did TXI ever say anything to you about three

18 tickets in that time period?

19    A.      I don't remember.

20    Q.      You weren't reprimanded or anything like that;

21 correct?

22    A.      Excuse me?

23    Q.      You were not reprimanded or punished by TXI for

24 three tickets in one year?

25                  MR. STRADLEY:   Objection; form.
                                                                    Page 40
 1        A.   (BY THE WITNESS)       It was in two years.

 2        Q.   Two years?

 3        A.   Yes.

 4        Q.   Okay.    You had three tickets in two years.

 5 Were you punished or reprimanded by TXI for three

 6 tickets in two years?

 7        A.   I don't remember.

 8        Q.   Is that why you went to work for Pedro Guerra

 9 is because you had the three tickets in two years?

10     A.      No.

11     Q.      When you went to work for Pedro Guerra and he

12 leased to Aggregate Haulers, did you disclose that you

13 had had three tickets while driving for Mr. Jasso leased

14 to TXI?

15     A.      I don't remember.

16     Q.      You don't remember whether or not you told

17 Pedro Guerra and Aggregate whether you had three

18 tickets, you don't remember whether you told them or

19 not?

20     A.      No, I don't remember.

21     Q.      Now, you went to work in 2000 for Mr. Melendez;

22 correct?

23     A.      No, it's --

24                    No, not 2000.    No, it's not.

25     Q.      Okay.    When did you go to work for him?     What
                                                                  Page 41
 1 was the date?

 2    A.      For -- For Melendez.

 3    Q.      Yes.    Do you remember?

 4    A.      It was in 2001.

 5    Q.      Now, this accident happened in December 2002,

 6 did it not?

 7    A.      2002.

 8    Q.      Okay.    You went to work for Mr. Melendez in May

 9 of 2001?

10    A.      I don't remember.      I think it was in July.

11    Q.      In 2001?

12    A.      Yes.

13    Q.      Did you tell them about the tickets you had

14 while driving for Mr. Jasso?

15    A.      No, I don't remember.

16    Q.      Well, TXI would have known about those tickets

17 because you were driving a truck that was leased to TXI

18 when you got those three tickets; correct?

19    A.      Yes.

20    Q.      Are those the only tickets you've ever

21 received, those three tickets?

22    A.      Yes.

23    Q.      Mr. Rodriguez, have you filed income tax

24 returns when you have worked in the United States?

25                   MR. STRADLEY:    Objection; form.
                                                              Page 42
 1               MR. SIMPSON:    Can you state your

 2 objection, please?

 3               MR. STRADLEY:    It's either relevant or

 4 calculated to lead to the discovery of relevant

 5 evidence --

 6               MR. SIMPSON:    Well --

 7               MR. STRADLEY:    -- his income.

 8               MR. SIMPSON: -- you know, these income tax

 9 returns, Mark, will certainly tell us where he worked

10 and the time periods he worked and allow us to verify

11 what he has testified to under oath, and that's the

12 purpose of the returns, so that's why we're going to be

13 asking for them.

14    Q.   (BY MR. SIMPSON)     Did you fill out income tax

15 returns when you worked in the United States?

16               MR. STRADLEY:    Objection; form.

17    A.   (BY THE WITNESS)     Object, sir.

18    Q.   You don't wish to answer that?

19    A.   No.

20               MR. STRADLEY:    You -- You can answer --

21 You can answer his question, subject to my objection.

22    A.   (BY THE WITNESS)     Uh-huh.

23               No.

24    Q.   You have never filled out an income tax return?

25    A.   No.
                                                                 Page 43
 1    Q.    Well, you made money, did you not?

 2    A.    No, I don't know.

 3    Q.    Do you understand that you are required to fill

 4 out an income tax return --

 5                 MR. STRADLEY:     Objection; form.

 6    Q.    (BY MR. SIMPSON)       -- if you are paid money in

 7 the United States?

 8    A.    Excuse me?

 9    Q.    Do you understand that you're required to file

10 an income tax return in the United States?

11                 MR. STRADLEY:    Objection; form.

12    A.    (BY THE WITNESS)    No, I don't understand.

13    Q.    Sir?    What's your answer?

14    A.    No, it's not --

15                 I don't answer.

16    Q.    Do you receive checks for your work from TXI,

17 or for Mr. Melendez?

18    A.    From Mr. Melendez.

19    Q.    On the average, how much would your check be a

20 month or every two weeks?

21                 How -- How often are you paid, once a

22 week, or every week, or --

23    A.    Every two weeks.

24    Q.    And what would your check average every two

25 weeks?
                                                               Page 44
 1                 MR. STRADLEY:   Objection; form.

 2    A.   (BY THE WITNESS)     It may vary.

 3    Q.   What's that?

 4    A.   It may vary.

 5    Q.   It may vary?

 6    A.   Uh-huh.

 7    Q.   Well, will you tell me how it varies?      How

 8 much?

 9    A.   Around $1,400.00.

10    Q.   About $1,400.00 every two weeks?

11    A.   Yes.

12    Q.   Do you know when you first received your

13 driver's license in the United States?

14    A.   In '96.

15    Q.   1996?

16    A.   1996.

17    Q.   What kind of license did you receive?

18    A.   C.

19    Q.   A "C"?

20    A.   C.

21    Q.   And what does a C license allow you to do?

22    A.   I don't understand the question.

23    Q.   Okay.    What kind of vehicles can you drive with

24 a C license?

25    A.   Pickup, cars.
                                                                 Page 45
 1    Q.     When did you get your commercial license?

 2    A.     In '96.

 3    Q.     You got your C license and your commercial

 4 license both in '96?

 5    A.     Yes.

 6    Q.     Do you have those licenses with you?

 7    A.     Just one.

 8    Q.     Okay.    Do you mind if we make a copy of it at

 9 the break?

10    A.     Yeah.    Yes.

11                  MR. SIMPSON:    Let's be sure and do that,

12 if you could, Mr. -- Ms. Court Reporter at the break.

13    Q.     (BY MR. SIMPSON)      Have you ever worked in any

14 other states other than the State of Texas?

15    A.     No.

16    Q.     Have you driven in any -- in any other states

17 other than the State of Texas?

18    A.     Yes.

19    Q.     What states?

20    A.     New Mexico, Oklahoma, Louisiana, and Arkansas.

21    Q.     Did you ever get driver's licenses in any of

22 those states?

23    A.     No.

24    Q.     What kind of vehicles did you drive in in those

25 states?
                                                                 Page 46
 1    A.     Commercial.

 2    Q.     What did you do in those states commercially?

 3    A.     Well, when -- when I was with Pedro Guerra on

 4 the RTX Company.

 5    Q.     And how long did you work for Pedro Guerra?

 6    A.     For a few months.    I don't -- I don't remember.

 7    Q.     And you drove in other states?

 8    A.     Yes.

 9    Q.     What did you haul?

10    A.     Grocery.

11    Q.     Groceries?

12    A.     Yes.

13    Q.     Did you haul in other states for anybody else

14 other than Pedro Guerra?

15    A.     No.

16    Q.     Did you have any accidents in other states?

17    A.     No.

18    Q.     Did you get any speeding tickets in other

19 states?

20    A.     No.

21    Q.     And you never got a driver's license in those

22 other states?

23    A.     No.

24    Q.     Do you know what year you drove for Pedro

25 Guerra?
                                                                   Page 47
 1    A.      It was in '99.

 2    Q.      And so you just drove in those states in 1999?

 3    A.      Yes.

 4    Q.      Mr. Rodriguez, what is your full name?       Would

 5 you please state it again for the record?

 6    A.      Ricardo Rodriguez Reyna.

 7    Q.      Have you ever gone by any other name other than

 8 Ricardo Rodriguez Reyna?

 9    A.      No.

10    Q.      Do you go as Ricardo Rodriguez and use

11 Rodriguez as your last name, or Reyna as your last name?

12    A.      Rodriguez is my last name.

13    Q.      Okay.    Reyna is your mother's last name;

14 correct?

15    A.      Correct.

16    Q.      Okay.    Have you ever gone as Ricardo Reyna

17 instead of Ricardo Rodriguez?

18    A.      I'm not sure.    On the driver's license say

19 Ricardo Reyna Rodriguez.

20    Q.      Have you ever gone by the name Ricardo Reyna?

21    A.      Excuse me.

22                   Would you repeat the question?

23    Q.      Okay.    Have you ever used as your name "Ricardo

24 Reyna"?

25    A.      No.
                                                               Page 48
 1                 Well, all the time I sign Ricardo

 2 Rodriguez.

 3    Q.   Okay.     You've never gotten a job or had a

 4 license where you listed your name as Ricardo Reyna?

 5    A.   My driver's license of Texas say Ricardo Reyna

 6 Rodriguez.

 7    Q.   I understand that, but I'm asking if you've

 8 ever used Reyna as your last name instead of Rodriguez?

 9    A.   No.     All the time I say Rodriguez, Ricardo

10 Rodriguez.

11    Q.   And so you've never gone by any name other than

12 Ricardo Reyna Rodriguez; is that correct?

13    A.   That's correct.

14    Q.   How long had you been in the United States when

15 you received your license to drive?

16    A.   On '96.

17    Q.   So you had just been in the United States when

18 you received your license?

19                You had just come to the United States the

20 second time when you received your license?

21    A.   Yes.

22    Q.   And you came here to drive trucks?

23    A.   I cannot understand your question.

24    Q.   Okay.    When you came to the United States in

25 '96, did you come here to drive trucks?
                                                               Page 49
 1    A.   Yes.

 2    Q.   Did you get any --

 3                 Did you take any course -- driving course

 4 in order to get your license?

 5    A.   I don't remember exactly.      We took -- we

 6 Teldana, I think.

 7    Q.   But you didn't go through any driver's course

 8 in order to get your license?

 9    A.   No.

10    Q.   Did you take your exam -- your exam for your

11 commercial driver's license in English or in Spanish?

12    A.   In Spanish.

13    Q.   Did you drive for any trucking company before

14 you received your license -- your commercial license in

15 1996?

16    A.   No.

17    Q.   Mr. Rodriguez, are you a married man?

18    A.   Yes, I am.

19    Q.   Do you have children?

20    A.   Yes.

21    Q.   And how many children?

22    A.   Three.

23    Q.   And where do they live?

24    A.   Dallas, Texas.

25    Q.   Okay.    They live with you?
                                                                   Page 50
 1    A.       Yes.

 2    Q.       And how old are your children?

 3    A.       One -- One is six, the other is five, and the

 4 other is one year.

 5    Q.       Is that all of the children you have?

 6    A.       Yes.

 7    Q.       Does your wife work?

 8    A.       No.

 9    Q.       When did you get married?

10    A.    On '94.

11    Q.    Is your wife from Mexico?

12    A.    Yes.

13    Q.    What is your status currently?        Are you a U.S.

14 resident?    U.S. citizen?     Or what's -- what's your legal

15 status in the United States?

16                    MR. STRADLEY:   Objection; form.

17    A.    (BY THE WITNESS)       I cannot respond right now.

18    Q.    Can't respond right now?

19    A.    Yes.

20    Q.    Do you have a laser card?

21    A.    No.

22    Q.    What about a green card?

23    A.    No, I don't have it.

24    Q.    Are you here in the United States legally?

25                    MR. STRADLEY:   Objection; form.
                                                                   Page 51
 1     A.    (BY THE WITNESS)       I cannot understand your

 2 answer.

 3     Q.    Okay.     You are not a resident of the United

 4 States, are you?

 5                   MR. STRADLEY:    Objection; form.

 6     A.    (BY THE WITNESS)       No, I'm not.

 7     Q.    Nor are you a citizen of the United States, are

 8 you?

 9     A.    No, I'm not.

10    Q.     You are here illegally; isn't that correct?

11                  MR. STRADLEY:    Objection; form.

12    A.     (BY THE WITNESS)    Well, my kids are Americans.

13    Q.     That's because they were born here; correct?

14    A.     Yes.

15    Q.     But you are here illegally?

16                  MR. STRADLEY:    Objection; form.

17    A.     (BY THE WITNESS)    May I take a break or --

18    Q.     Can you not answer that question?

19    A.     No.

20    Q.     Is your --

21                  Do you wish to have a break now?

22    A.     Yes, please.

23    Q.     Okay.

24                  THE VIDEOGRAPHER:    Going off the record at

25 11:21.
                                                                Page 52
 1                  (A brief recess was taken.)

 2                  THE VIDEOGRAPHER:   Back on the record at

 3 12:59.

 4    Q.    (BY MR. SIMPSON)     Mr. Rodriguez, I'm going to

 5 go just briefly over the trucking companies and where

 6 they're located.

 7                  Saldana Trucking, does that trucking

 8 company still exist, do you think?

 9    A.    Yes.

10    Q.    Okay.    Where is it located?

11    A.    In Grand Prairie.

12    Q.    Grand Prairie?

13    A.    Yes.    I don't know the --

14    Q.    And what's the guy's name who owns it?

15    A.    Eddie --

16    Q.    Eddie Saldana?

17    A.    -- Saldana.

18    Q.    Okay.    Hermilo Jasso, is he still in the

19 trucking business?

20    A.    No.    No.

21    Q.    Okay.    Does he own any trucks that you know of?

22    A.    No, I don't know.

23    Q.    Do you know where his business used to be?

24    A.    No.

25    Q.    But he was leased to TXI; correct?
                                                              Page 53
 1    A.    Correct.

 2    Q.    And he would've been leased to TXI in the late

 3 1990s?

 4    A.    Yes.

 5    Q.    Pedro Guerra, where is he from?

 6    A.    From Mexico.

 7    Q.    Okay.    Where is his trucking company located?

 8    A.    I don't know.

 9    Q.    Did he own trucks here in the United States?

10    A.    Yes.

11    Q.    You don't --

12                 Where was his trucking company --

13                 When you worked for him, where was his

14 trucking company located?

15    A.    Well, TXI --

16                 I mean, Aggregate is located in Fort

17 Worth.

18    Q.    Okay.    What about Pedro Guerra, where was

19 his -- where was his trucking company?

20    A.    Well, I just parked the truck on Oak Cliff --

21 Oak Cliff, Dallas.

22    Q.    Okay.    Do you know where Mr. Guerra lived?

23    A.    Yes.

24    Q.    Where did he live?

25    A.    He lived on Wilma -- Wilma, Texas.
                                                                 Page 54
 1    Q.      How would you spell his last name?

 2    A.      Guerra, G-u-e-r-r-a.

 3    Q.      That's what I thought.     I just wanted to make

 4 sure.    Thank you.

 5                    Now, Mr. Jasso's trucking company, where

 6 was it located when you worked for him?

 7    A.      Well, I keep the -- I keep the truck on Oak

 8 Cliff -- on Oak Cliff.

 9    Q.      Okay.     Do you -- Do you know where Mr. Jasso

10 lives?

11    A.      No, not any more.

12    Q.      What about Sixto Quezada, where's his trucking

13 company?

14    A.      He -- He works for Aggregate.

15    Q.      Okay.    Does he have a company yard or anything

16 like that, or just a place to park the trucks?

17    A.      Yeah.    He has a yard.

18    Q.      Okay.

19    A.      It's on -- on Irving.     I think it's Irving.

20    Q.      Okay.    Do you think that's where Mr. Quezada

21 lives is in Irving?

22    A.      Well, what I know, he lives on -- on Lancaster.

23    Q.      Okay.    You told me earlier that you went to

24 school nine years in Mexico?

25    A.      Yes.
                                                              Page 55
 1    Q.    Have you gone to school any more than the nine

 2 years either in Mexico or the United States?

 3    A.    No.     No.

 4    Q.    No types of education other than the nine years

 5 you received in Mexico?

 6    A.    No.

 7    Q.    Now, one of the things that I didn't complete,

 8 and you might be able to help me, you say that you moved

 9 back to the United States in 1986?

10    A.    1996.

11    Q.    1996?

12    A.    Yes, 1996.

13    Q.    Okay.    From --

14                 So if you moved back in 1996, where were

15 you from 1986 to 1996?      Where were you in those 10

16 years?

17    A.    It's another town on Quoilla -- Quoilla state.

18 The name is Monclova.

19                 THE COURT REPORTER:     Spell that.

20                 THE WITNESS:     Yes.   M-o-n-c-, like

21 Carlos, l-o-v-, like Victor, -a.

22    Q.    (BY MR. SIMPSON)      Is that in Mexico?

23    A.    Yes.

24    Q.    And what were you doing those 10 years?

25    A.    Driving.
                                                              Page 56
 1    Q.   Do you remember who for?

 2    A.   For Mar -- Mar Transports.

 3    Q.   Does Mar Transports still exist?

 4    A.   No.

 5    Q.   So you came over here for one year --

 6    A.   Yes.

 7    Q.   -- in 1980; correct?

 8    A.   1990; correct.

 9    Q.   19- when?

10    A.   '90.

11    Q.   Okay.   You came over here for one year in 1990?

12    A.   Yes.

13    Q.   And then you went back to Mexico?

14    A.   Yes.

15    Q.   When did you come back to the United States?

16    A.   In 1996.

17    Q.   And you were not in the United States from 1990

18 until 1996 according to your testimony?

19    A.   Will you repeat the question?

20    Q.   Okay.   Were you ever in the U.S., United

21 States, from 1990 to 1996?

22    A.   Please repeat the question.

23    Q.   Okay.   From 1990 until 1996, where did you

24 live?

25    A.   On Mexico.
                                                                    Page 57
 1        Q.   And you came back to the United States for the

 2 second time in 1996?

 3        A.   Right.

 4        Q.   And the previous time that you had been here

 5 was 1990, for one year?

 6        A.   Yes.

 7        Q.   When you came back in 1996, where did you live?

 8        A.   Dallas.

 9        Q.   Do you remember the address?

10     A.      No.

11     Q.      Do you remember the location?     What part of

12 Dallas?

13     A.      Oak Cliff.

14     Q.      Okay.    Let's do it this way:   Where do you live

15 now?

16     A.      On Oak Cliff.

17     Q.      On Oak Cliff.

18                    What's your address?

19     A.      2242 Fort Worth Avenue, #217, Dallas, Texas,

20 75211.

21     Q.      How long have you lived there?

22     A.      Three months.

23     Q.      Who lives there with you?

24     A.      My wife.

25     Q.      And your three children?
                                                               Page 58
 1    A.     Yes.

 2    Q.     Where did you live before that address?

 3    A.     On 1248 West Mont 205, Dallas, Texas, 75211.

 4    Q.     And how long did you live there?

 5    A.     I think -- I think a year and a half.

 6    Q.     Okay.    Do you recall where you lived before

 7 that residence?

 8    A.     Repeat the question, please.

 9    Q.     Okay.    Where did you live before you lived

10 there?

11    A.     Yes.    508 12th Street, Dallas, Texas, 75212.

12    Q.     How long did you live there on 508 12th Street?

13    A.     About --

14                  I don't remember exactly.

15    Q.     Can you give me an approximation?   Was it

16 longer than a year or shorter than a year?

17    A.     I don't remember.

18    Q.     Okay.    Do you remember what --

19                  Who lived there with you at 508 12th

20 Street?

21    A.     She's my sister-in-law and she's -- husband.

22    Q.     And she's what?

23    A.     Husband.    The husband.

24    Q.     Hospital?

25                  MR. POWERS:   Husband.
                                                                 Page 59
 1    Q.     (BY MR. SIMPSON)      Husband.   Okay.   Husband.

 2                   Okay.   Her husband is your brother?

 3    A.     No.

 4    Q.     Okay.     It's your wife's brother?

 5    A.     No, she's -- she's my wife's sister.

 6    Q.     Okay.     Your wife's sister.    Okay.

 7    A.     Yes.

 8    Q.     And she lived with you?

 9    A.     Well, I lived with them.

10    Q.     Okay.    You and your wife lived with your wife's

11 sister?

12    A.     No.

13                  She was -- She was from Mexico.

14    Q.     Okay.    Who lived at that house on 508 12th

15 Street?

16    A.     You mean the names or --

17    Q.     Yeah.    The names of the people?

18    A.     She's name is Ruben.

19    Q.     Okay.    And who else?

20    A.     And she's name is Maria.

21    Q.     Okay.    And then who else lived there?

22    A.     Just two girls --

23    Q.     Okay.

24    A.     -- and one boy.

25    Q.     Okay.    And did your family live there with
                                                               Page 60
 1 them?

 2    A.   Right now?

 3    Q.   When you lived at 508 12th Street, who lived

 4 there when you lived there?

 5    A.   Just me.

 6    Q.   Just you?

 7    A.   Uh-huh.

 8    Q.   Your wife did not live there?

 9    A.   No.

10    Q.   Where --

11               Your kids did not live there?

12    A.   No.

13    Q.   Where did they live?

14    A.   In Mexico.

15    Q.   How long had they lived in Mexico?

16    A.   Around -- Around two years.

17    Q.   Why did they move back to Mexico?

18    A.   Is this necessary, that question?     I mean --

19    Q.   I think it is.    I would like to have an answer.

20    A.   Well, she -- she's father died.

21    Q.   Okay.   Her --

22    A.   That's why she --

23    Q.   A family death?

24    A.   Repeat the question, please.

25    Q.   Well, was there a death in her family?
                                                             Page 61
 1    A.   No.     I means, she's father died.

 2    Q.   Her father died?

 3    A.   My wife's father died.

 4    Q.   Okay.     Is that why she went back to Mexico?

 5    A.   Yes.

 6    Q.   Were there any other reasons?

 7    A.   No.

 8    Q.   Have you ever been arrested for any type of

 9 criminal offense?

10    A.   For --

11                Well, yes, for the immigration troubles.

12    Q.   Tell me about that.

13    A.   Well, for cross at night across the border,

14 that's it.

15    Q.   Okay.    When was that?

16    A.   Was in 2000.

17    Q.   And what happened to you?

18    A.   Well, she --

19                They -- They take me back to Mexico.

20    Q.   In 2000?

21    A.   Yes.

22    Q.   And how long did you stay in Mexico?

23    A.   About five months.

24    Q.   Why were you arrested for immigration problems?

25 What kind of problems did you have?
                                                                Page 62
 1    A.   For cross the border.

 2    Q.   Because you were illegal?

 3                  MR. STRADLEY:   Objection; form.

 4    A.   (BY THE WITNESS)      Well, I don't know.   I'm --

 5                  I am not a lawyer.

 6    Q.   Okay.      I understand you're not a lawyer, but

 7 you understand you're old enough and mature enough to

 8 understand when you violate the law, and you understand

 9 what you're charged with.

10                Have you been charged with illegal

11 immigration?

12    A.   Well, I don't know.

13                My -- My kids -- My kids are born in the

14 United States.

15    Q.   I'm not talking about your kids.

16                Mr. Rodriguez, I'm not talking about your

17 kids.

18                Now, were you convicted of this

19 immigration problem?

20    A.   They put me in Mexico, that's it.

21    Q.   Okay.     They did not put you in jail?

22    A.   Yes.

23    Q.   How long did you stay in jail?

24    A.   Four months.

25    Q.   Where were you in jail?
                                                                    Page 63
 1    A.     I think it's Eagle Pass.

 2    Q.     Did you plead guilty to the offense?

 3    A.     Yes.

 4    Q.     Do you know how long you --

 5                   Are you on probation now?

 6    A.     I don't know.

 7    Q.     Let me ask you this:       Are you legal now?

 8                   MR. STRADLEY:    Objection; form.

 9    A.     (BY THE WITNESS)       Well, I talked -- I talked to

10 a lawyer, and he told me just wait -- wait for the

11 residence.

12    Q.     When you came back across after being in Mexico

13 for five months, did you have a green card or a laser

14 card?

15    A.     No.

16    Q.     Did you come back across legally when you came

17 back?

18                  MR. STRADLEY:    Objection; form.

19    A.     (BY THE WITNESS)    I don't know.    I am not a

20 lawyer.

21    Q.     Where is this lawyer located?

22    A.     He's -- He's in Oak Cliff.

23    Q.     Okay.    What's his name?

24    A.     Manuel Soles.

25    Q.     Is he representing you in this?
                                                                Page 64
 1    A.      Yes.

 2    Q.      How did Mr. Soles get you back into the

 3 country?

 4    A.      Will you repeat the question?

 5    Q.      You came back to the U.S.     How did Mr. Soles

 6 get you back in the U.S.?

 7    A.      No, he not tell me nothing about it.

 8    Q.      How did you get back into the U.S.?

 9    A.      Just walking.

10    Q.      Okay.    Did you get back illegally?

11                   MR. STRADLEY:   Objection; form.

12    Q.      (BY MR. SIMPSON)    Did somebody give you

13 permission to come back to the U.S., Mr. Rodriguez?

14                   MR. STRADLEY:   Objection; form.

15    A.      (BY THE WITNESS)    I cannot answer right now.

16    Q.      How --

17                   Once they sent you back to Mexico, how

18 long did you stay in Mexico?

19    A.      Five months.

20    Q.      Was your wife and children over here?

21    A.      Now?

22    Q.      No, back then, when you were sent back --

23 arrested and sent back to Mexico, where were your wife

24 and children?

25    A.      In Mexico.
                                                                 Page 65
 1    Q.       Did they come back when you came back?

 2    A.       No.

 3    Q.       Have you been arrested for anything else other

 4 than the immigration problems?

 5    A.       No, sir.

 6    Q.       How many times have you been arrested for

 7 immigration problems?

 8    A.       One time.

 9    Q.       You never have been arrested but just one time?

10    A.     Yes, one time.

11    Q.     And that was in 2000?

12    A.     Yes.

13    Q.     Have you ever been arrested or convicted of any

14 criminal offense?

15    A.     No.

16    Q.     Have you been convicted for your immigration

17 problems?

18                   MR. STRADLEY:   Objection; form.

19    A.     (BY THE WITNESS)     I don't understand the

20 question.

21    Q.     Well, did you plead guilty to your immigration

22 arrest?

23    A.     Yes.

24    Q.     Do you know what your sentence was?

25    A.     No.
                                                            Page 66
 1    Q.    Was it six months in jail?     Four months in

 2 jail?   Do you know what they sentenced you?

 3                 MR. STRADLEY:   Objection; form.

 4    A.    (BY THE WITNESS)    Four months.

 5    Q.    What was your punishment?

 6    A.    I don't understand the question.

 7    Q.    Okay.    Was the four months in jail your

 8 punishment?

 9    A.    Punishment?

10    Q.    Yes.

11    A.    I don't understand.

12    Q.    Your penalty?

13    A.    I don't understand that word.

14    Q.    Do you know what you were arrested for?

15    A.    Yes, for crossing the border.

16    Q.    And you only were arrested once -- one time?

17    A.    Yes, one time.

18    Q.    And you've never been arrested for anything

19 else?

20    A.    No.

21    Q.    You mentioned in your statement that you used

22 to drink alcohol; is that correct?

23    A.    Repeat the question, please.

24    Q.    Have you ever drank alcohol before?

25    A.    Before, yes.
                                                               Page 67
 1    Q.   Have you quit?

 2    A.   Yes.

 3    Q.   When did you quit?

 4    A.   Let me see.      Today -- Today is 20 months ago.

 5    Q.   Twenty months; that's good.

 6    A.   Right.

 7    Q.   You're to be commended.

 8                Did you have a drinking problem?

 9    A.   Not really.

10    Q.   Why did you quit?

11    A.   Well, I don't like if -- if the police is

12 stopping me, I'm drunk    I don't like that.

13    Q.   Did the police ever stop you for being drunk?

14    A.   No.

15    Q.   They never did?

16    A.   No.

17    Q.   You've never been arrested for being drunk?

18    A.   No.

19    Q.   Have you ever had a problem with drugs?

20    A.   No.

21    Q.   Never taken drugs?

22    A.   No.

23    Q.   Have you ever been arrested in other states?

24    A.   No.

25    Q.   Where did you live before you lived at 508 12th
                                                               Page 68
 1 Street?

 2    A.     On -- On Irving -- Irving, Texas.

 3    Q.     You lived in Irving, Texas before then?

 4    A.     Yes.

 5    Q.     How long did you live in Irving?

 6    A.     About a year.

 7    Q.     Do you remember where you lived before you

 8 lived in Irving?

 9    A.     On Oak Cliff.

10    Q.     Do you remember the address on Oak Cliff?

11    A.     No.

12    Q.     Do you know how long you lived in Oak Cliff?

13    A.     Probably -- Probably six months.

14    Q.     Do you know where you lived before you lived on

15 Oak Cliff?

16    A.     No.

17    Q.     So that's the last time you remember living

18 somewhere is on Oak Cliff?

19    A.     Yes.

20    Q.     And that would've been about three years ago?

21    A.     No.    No.   It's -- It's more time.

22    Q.     More than that?

23    A.     Right.

24    Q.     Four years ago?

25    A.     No.    No.   It was in 1996.   Yeah, in '96.
                                                                   Page 69
 1        Q.   When you got arrested for immigration, who were

 2 you working for?

 3        A.   For Quezada.

 4        Q.   And who was Quezada leased to?

 5        A.   With -- With Aggregate.

 6        Q.   Aggregate.

 7                    Is that the reason that you had to -- had

 8 to leave work was because you got arrested and deported?

 9        A.   Yes.

10     Q.      Now, you say you got your driver's license in

11 Texas in 1996; is that true?

12     A.      Yes.

13     Q.      You got your C license and your A license in

14 1996; correct?

15     A.      Yes.

16     Q.      And you were --

17                    When you applied for those licenses, you

18 were an illegal immigrant; were you not?

19                    MR. STRADLEY:   Objection; form.

20     A.      (BY THE WITNESS)    I don't know.   I don't know.

21 I'm not a lawyer.       I don't know.

22     Q.      Well, you did not have a resident visa, did

23 you?

24     A.      No.

25     Q.      And you were not here legally in the United
                                                                   Page 70
 1 States, were you?

 2                  MR. STRADLEY:    Objection; form.

 3     A.   (BY THE WITNESS)       I don't know.   I don't know.

 4     Q.   You were deported four years after that.

 5 Obviously, you were not supposed to be over here, were

 6 you?

 7                  MR. STRADLEY:    Objection; form.

 8     A.   (BY THE WITNESS)       Well, I don't know.   I'm not

 9 a lawyer.

10    Q.    Well, you knew in 1996 when you came over here

11 that you did not come over here with permission of the

12 United States, didn't you?

13                 MR. STRADLEY:    Objection; form.

14    A.    (BY THE WITNESS)    I don't know.

15    Q.    How did you get over here in '96?

16    A.    With passport -- Mexican passport.

17    Q.    But you did not have any kind of visa, green

18 card, or any permission to come over?

19    A.    Visa.

20    Q.    Huh?

21    A.    Visa.

22    Q.    How long was your visa for?

23    A.    For 10 -- 10 years.

24    Q.    Well, then, how -- how were you illegal

25 immigrant then in year 2000?
                                                                 Page 71
 1                   MR. STRADLEY:    Objection; form.

 2    Q.     (BY MR. SIMPSON)       Was it a fake visa?

 3    A.     The visa expires -- expired on 2005.

 4    Q.     Well, then, how were you arrested in 2000, if

 5 it expired on 2005?

 6    A.     Yeah, because I lost -- I lost my visa.

 7    Q.     How did you lose it?

 8    A.     When --

 9                   One time I tried to cross the border.

10    Q.     You tried to cross the border into where?

11    A.     On Del Rio -- Del Rio, Texas.

12    Q.     Okay.    When was that?

13    A.     It was in --

14                  Let me see.   2000.

15    Q.     Okay.    You tried to cross over into the United

16 States?

17    A.     Yes.

18    Q.     And you lost your visa for trying to cross

19 over?

20    A.     Yes.

21    Q.     Well, why would you need to cross over

22 illegally if you had a visa?

23                  MR. STRADLEY:    Objection; form.

24    A.     (BY THE WITNESS)     Well, I don't know.     They

25 take my visa and they say you cannot -- you cannot pass.
                                                                 Page 72
 1    Q.    Was it a legal visa?

 2    A.    No.

 3                MR. STRADLEY:    Objection; form.

 4                MR. SIMPSON:    Let's go ahead and change

 5 tapes.

 6                THE VIDEOGRAPHER:    Going off the record at

 7 1:33.

 8                (A brief interruption occurred.)

 9                THE VIDEOGRAPHER:    We're back on the

10 record with Tape 2 at 1:35.

11    Q.    (BY MR. SIMPSON)     Mr. Rodriguez, what court

12 were you in when you were convicted of illegal

13 immigration; do you recall?

14                MR. STRADLEY:    Objection; form.

15    Q.    (BY MR. SIMPSON)     Was it in Fort Worth, or

16 Dallas, or Eagle Pass?

17    A.    Eagle Pass.

18    Q.    Did you ever appear before a judge either in

19 Fort Worth or Dallas?

20    A.    No.

21    Q.    Just in Eagle Pass?

22    A.    Eagle Pass.

23    Q.    Now, you told me that you worked for Mr. Jasso

24 from 1999 to 2001; is that correct?

25    A.    No, it's not.
                                                                    Page 73
 1        Q.   When did you work for Mr. Jasso?

 2        A.   1997 -- 1997 to 1999.

 3        Q.   Okay.    And then who did you work for in 1999?

 4        A.   After Jasso.

 5        Q.   Yes.

 6        A.   With Pedro Guerra.

 7        Q.   And how long did you work for him?

 8        A.   A few months.    I -- I don't remember.

 9        Q.   Okay.    And who did you work for after Pedro

10 Guerra?

11     A.      For Aggregate and RTX.

12     Q.      When you were deported, who were you working

13 for?    Who were you driving for?

14     A.      For Quezada.

15     Q.      And he was leased to Aggregate?

16     A.      Right.

17     Q.      Were you in this country illegally from 1996 to

18 2000?

19                    MR. STRADLEY:   Objection; form.

20     A.      (BY THE WITNESS)    I don't know.

21     Q.      Were you appointed an attorney?     This Mr. Soles

22 in Oak Cliff, when did you hire him as your lawyer?

23     A.      Repeat the question, please.

24     Q.      Okay.    Who is your lawyer?

25     A.      Manuel Soles.
                                                                     Page 74
 1        Q.   When did you hire him?

 2        A.   The first time?

 3        Q.   Yes.

 4        A.   2001.

 5        Q.   Why did you hire him?

 6        A.   To -- To ask him how to get the residence.

 7        Q.   Are you a legal resident now?

 8                    MR. STRADLEY:     Objection; form.

 9        A.   (BY THE WITNESS)       I don't know.   I don't know

10 the law.

11     Q.      You knew that you weren't a resident when you

12 asked Mr. Soles for legal advice, didn't you?

13                    MR. STRADLEY:    Objection; form.

14     A.      (BY THE WITNESS)    I don't remember.

15     Q.      Have you ever been fired or terminated from a

16 job?

17     A.      No.

18     Q.      Have you ever lived in another state besides --

19 besides Texas in the United States?

20     A.      Repeat the question, please.

21     Q.      Have you ever lived in another state in the

22 United States besides Texas?

23     A.      No.

24     Q.      What types of licenses have you held in the

25 United States?
                                                               Page 75
 1    A.   CDL, Class A.

 2    Q.   How many times have you worked for a trucking

 3 company that leased to TXI?

 4    A.   There are three.

 5    Q.   What company --

 6                 What trucking companies would those be?

 7    A.   Saldana Trucking, Jasso -- Hermilo Jasso, and

 8 Mr. Melendez.

 9    Q.   And that's all of the companies you've ever

10 worked for that have leased to TXI?

11    A.   Right.

12    Q.   Have you ever leased to TXI, independent of

13 those companies?

14    A.   Repeat the question, please.

15    Q.   Okay.    You've told me that companies you worked

16 for have leased to TXI.   Have you ever leased to TXI?

17    A.   Yes.

18    Q.   When?

19    A.   In '97.

20    Q.   Okay.    Was it your truck?

21    A.   No.

22    Q.   Whose truck was it?

23    A.   Saldana, Saldana Trucking.

24    Q.   Okay.    And so you were actually leased to TXI,

25 Mr. Saldana wasn't?
                                                                  Page 76
 1    A.      Repeat the question, please.

 2    Q.      Okay.    I'm trying to find out when you worked

 3 for TXI?

 4    A.      From '97.

 5    Q.      From 1997?

 6    A.      Right.

 7    Q.      Okay.    Did you ever print -- present to TXI any

 8 proof that you were either a U.S. resident or a U.S.

 9 citizen?

10    A.      No.

11    Q.      Did they ever ask you for any proof of that?

12    A.      No.

13    Q.      In your driver's license applications, did they

14 ever ask you whether you were a U.S. resident or citizen

15 in your application for your Class A license or your CDL

16 license?

17    A.      No, I'm -- I'm not U.S. citizen.

18    Q.      Would you have told them that you were not a

19 U.S. citizen or U.S. resident?

20    A.      No, I didn't -- I didn't tell nobody.

21    Q.      Did you ever lie about the fact that you were

22 not a U.S. resident or U.S. citizen to get a Texas

23 driver's license?

24    A.      No.

25    Q.      Have you ever lied about anything,
                                                                  Page 77
 1 Mr. Rodriguez?

 2                 MR. STRADLEY:     Objection; form.

 3    A.     (BY THE WITNESS)      Repeat the question, please.

 4    Q.     Okay.     You filled out an application to work

 5 for TXI and Mr. Melendez; correct?

 6    A.     Right.

 7    Q.     Have you ever lied about anything on that

 8 application?

 9    A.     No.

10    Q.     Did you lie about anything to get into the

11 United States, Mr.     Rodriguez?

12                 MR. STRADLEY:    Objection; form.

13    A.     (BY THE WITNESS)     I don't know.   I'm not a

14 lawyer.

15    Q.     Let me ask you something, Mr. Rodriguez:      Over

16 the break that we had today when you had a chance to

17 talk to your lawyer --

18    A.     Uh-huh.

19    Q.     -- did he tell you when you were asked about

20 questions like this to say that you don't know or you'll

21 need to ask my lawyer?

22                 MR. STRADLEY:    Objection; form.

23 Attorney/client privilege.      I instruct the witness not

24 to answer anything that was said in our conversation.

25                 MR. SIMPSON:    Okay.   I'm going to -- I'm
                                                                  Page 78
 1 going to certify that, because I think that's certainly

 2 an obstruction there, and -- you know, I'm going to ask

 3 that it be certified and we can submit that to the

 4 Court.

 5    Q.     (BY MR. SIMPSON)     I'm going to ask the question

 6 again:   Has anybody instructed you with reference to the

 7 questions that we have about your illegal immigration,

 8 for you to say you've got to talk to my lawyer, or my

 9 lawyer would know about that, I don't know?

10    A.    No.

11    Q.    Has anybody -- anybody instructed you to say

12 that?

13    A.    Nobody.

14    Q.    Now, back to my question:     In order to enter

15 the United States, did you ever lie to anybody to enter

16 the United States even before 2000 -- before the year

17 2000?

18                MR. STRADLEY:    Objection; form.

19    A.    (BY THE WITNESS)    No.

20    Q.    And so you never told an untruth about whether

21 or not you were legally in the United States?

22                MR. STRADLEY:    Objection; form.

23    A.    (BY THE WITNESS)    No.   I don't know.

24    Q.    Do you think that you illegally immigrated to

25 the United States, Mr. Rodriguez?
                                                                   Page 79
 1                  MR. STRADLEY:     Objection; form.

 2    A.     (BY THE WITNESS)       No, I don't know, sir.

 3    Q.     Do you think you have done anything wrong with

 4 regard to your immigration status?

 5                  MR. STRADLEY:     Objection; form.

 6    A.     (BY THE WITNESS)       No.

 7    Q.     Do you agree that it's important to tell the

 8 truth?

 9    A.     Yes.

10    Q.     Do you think that you told the truth with

11 regard to your entry into the United States at all

12 times?

13                  MR. STRADLEY:    Objection; form.

14    A.     (BY THE WITNESS)    I don't know.      I don't know

15 the laws about it.

16    Q.     Did -- Did you think when you came to the

17 United States that you were legal?

18                  MR. STRADLEY:    Objection; form.

19    A.     (BY THE WITNESS)    No.      I don't answer.

20    Q.     Other than your brother that lives in Miami, do

21 you have other relatives that live in the United States?

22    A.     Yes.

23    Q.     Who do you have that lives in the United

24 States?

25    A.     They are two -- two uncles and one -- two
                                                              Page 80
 1 aunts.

 2    Q.    Two uncles and two aunts?

 3    A.    Yes.

 4    Q.    Where do they live?

 5    A.    One -- One uncle live on Seagoville, Texas; and

 6 one aunt live on Irving, Texas.

 7    Q.    Where's the other -- Where's the other uncle

 8 and aunt live?

 9    A.    They live -- They live together on Boston, this

10 is in Massachusetts state.

11    Q.    Are they legal immigrants?

12                 MR. STRADLEY:   Objection; form.

13    A.    (BY THE WITNESS)    I don't know.

14    Q.    How -- How many times has the United States

15 sent you back to Mexico?

16    A.    One.

17    Q.    Are you sure just once?

18    A.    Probably, two times.

19    Q.    Mr. Rodriguez, do you feel any responsibility

20 for the deaths of the Hughes, the Watkins, or the Royse

21 family that occurred on December 17th, 2002?

22    A.    No.

23    Q.    When you got back in the U.S. in 2001, is the

24 next company you drove for Mr. Melendez?

25    A.    No.
                                                                     Page 81
 1        Q.   What was the first company you drove for after

 2 you got back in the United States?

 3        A.   I drove I think two months with -- with another

 4 person.

 5        Q.   Who?

 6        A.   His name is Manuel Vasquec.

 7        Q.   Vasquec.

 8                    You never have given us that name before,

 9 have you?

10     A.      No.

11     Q.      Do you know what months that you drove for him?

12     A.      I think May -- May and June.

13     Q.      Of 2001?

14     A.      Right.

15     Q.      Now, you started driving for Mr. Melendez in

16 May, didn't you?

17     A.      No, I think in July.

18                    MR. SIMPSON:    Let's mark as

19 Mr. Rodriguez's first exhibit.         I think that's the first

20 one.

21                    (RICARDO RODRIGUEZ Deposition Exhibit

22                    No. 1 marked for identification.)

23     Q.      (BY MR. SIMPSON)      Mr. Melendez, I'm going to

24 hand you what's been identified as your first deposition

25 exhibit, Deposition Exhibit No. 1, which is the driver's
                                                                      Page 82
 1 application for employment.          Would you look at that,

 2 please?

 3        A.   (The Witness complied.)

 4                     MR. POWERS:    You said Melendez.

 5                     MR. SIMPSON:    Huh?

 6                     MR. POWERS:    You said Melendez.

 7        Q.   (BY MR. SIMPSON)       Excuse me.

 8                     I --

 9                     Let me rephrase that.

10                    Mr. Rodriguez, I hand you what's been

11 identified as your Deposition Exhibit No. 1.            Have you

12 had a chance to look at that?

13     A.      Okay.

14     Q.      You can keep that, Mr. Rodriguez.

15                    I am going to be asking you some questions

16 about it.     Would you look at the last page, please, sir?

17     A.      (The Witness complied.)

18     Q.      Is that your signature on the right-hand side?

19     A.      Yes, it is.

20     Q.      And is the date 05/18/01?       Is that the date

21 that you put?

22     A.      Yes.

23     Q.      Okay.    And you stated on this application, if

24 you'll look at the first sentence right there at the

25 top:    "This certifies that this application was
                                                                 Page 83
 1 completed by me and that all entries on it and

 2 information in it are true and complete to the best of

 3 my knowledge."   Isn't that what you've said there -- or

 4 that's what the application says?

 5    A.   Yes.

 6    Q.   Now, you're able to read, are you not?

 7    A.   Yes, I am.

 8    Q.   Let's look at the front page.       Let's go to the

 9 front page here.   Now, it says that your name is

10 Rodriguez, last, and your first name is Ricardo; is that

11 true?

12    A.   Right.

13    Q.   That's you, isn't it?

14    A.   Right.

15    Q.   And then on down, it says:     "Do you have the

16 legal right to work in the United States?"     And what's

17 your answer?

18                MR. STRADLEY:   Objection; form.

19    A.   (BY THE WITNESS)    Yes.

20    Q.   And that's untrue, isn't it?

21                MR. STRADLEY:   Objection; form.

22    A.   (BY THE WITNESS)    I don't know.

23    Q.   Now, on down you ask -- reason for leaving --

24                They ask on the application, reason for

25 leaving your last employer, and you leave that blank,
                                                                Page 84
 1 don't you?

 2       A.   (No audible response.)

 3       Q.   Reason for leaving, you leave that blank, don't

 4 you?

 5       A.   Yes.

 6       Q.   And then you ask -- they ask, "Are you now

 7 employed?"

 8                   And you answer, "No," don't you?

 9       A.   Yes, I did.

10       Q.   And the date of this application --

11                   Look at the top right-hand corner, is

12 05/18/01; isn't it?

13       A.   Yes.

14       Q.   So when you came back from Mexico, your first

15 job was with Mr. Melendez, was it not?

16       A.   Well, I worked two months with Manuel, that's

17 it.

18       Q.   Well, the next page you list your -- or third

19 page you list your previous employers, employment

20 history, and you do not list Manuel, do you?

21       A.   No.    No, I didn't.

22       Q.   You don't list Manuel anywhere, do you?

23       A.   No, I didn't.

24       Q.   Why not?

25       A.   Because it was two months, that's it.
                                                              Page 85
 1    Q.   Well, but the employment application asks you

 2 for all your previous employers, doesn't it?

 3    A.   Yes.

 4    Q.   And you're saying he's a previous employer,

 5 aren't you?

 6    A.   Repeat the question, please.

 7    Q.   The application asks you for all previous

 8 employers, doesn't it?

 9    A.   Yes.

10    Q.   Who was Pasquez leased to?

11    A.   It's Lotta -- Lotta Trucking.

12    Q.   And who was Lotta Trucking leased to?

13    A.   With nobody.

14    Q.   And you state there, if not, how long since

15 leaving last employment, one week; so you couldn't have

16 been working in June and July for Pasquez, could you?

17    A.   Well, the application was made on --

18    Q.   And it says you have not been working for one

19 week?

20                MR. STRADLEY:   Objection; form.

21    A.   (BY THE WITNESS)    Uh-huh.   I don't remember.

22    Q.   Okay.    You told me earlier that you worked for

23 Pasquez in June and July, didn't you?

24                MR. STRADLEY:   Objection; form.

25    Q.   (BY MR. SIMPSON)    May, June, and July?
                                                                Page 86
 1    A.   I don't understand the question.

 2    Q.   You told me that you had worked for Mr. Pasquez

 3 in May, and June, and July?

 4    A.   I understand the -- the last name you say.

 5    Q.   What's his --

 6                Is it Pasquez or Pasquale --

 7    A.   Huh?

 8    Q.   Manuel?

 9    A.   Oh, Manuel.

10    Q.   Did you work for Manuel?

11    A.   Yes.

12    Q.   In May, June, and July of 2001?

13    A.   Yes.    May and June, yes.

14    Q.   But that's not what this says, is it?

15    A.   No.

16    Q.   And I --

17                When, I mean, "this," I mean, your Exhibit

18 No. 1 that's right there in front of you.     That's not

19 what that says, is it?

20    A.   Uh-huh.    Yes.

21    Q.   Let's turn to the second page.

22    A.   (The Witness complied.)

23    Q.   It says, accident record for past three years

24 or more and traffic convictions, and you said "none" on

25 traffic convictions, didn't you?     That wasn't true, was
                                                                  Page 87
 1 it?

 2                    MR. STRADLEY:     Objection; form.

 3       A.    (BY THE WITNESS)       Yes, I don't remember.

 4       Q.    Well, now, you told me about traffic tickets

 5 that you had in 1998 and 1999?

 6       A.    Yes.

 7       Q.    Those would have been within three years of

 8 filling out this application, wouldn't they?

 9       A.    Yes.

10       Q.   And so that's not true that you have "none" on

11 tickets, is it?

12                    MR. STRADLEY:    Objection; form.

13       A.   (BY THE WITNESS)     Well, I don't remember about

14 time when I did the application.

15       Q.   You don't remember putting the "none" on there

16 when you did the application?

17       A.   Yeah.     I don't remember.

18       Q.   Look under "Employment History."       Okay?

19       A.   (The Witness complied.)

20       Q.   It's going to be the next to the last page.

21 Okay?

22                    And look at Mr. Quezada, the first

23 employer.    Is that the person that was employing you

24 when you were deported?

25       A.   Yes.
                                                                Page 88
 1    Q.       You put reason for leaving, look on the right

 2 side, and it says under "Date," it says, "Reason for

 3 leaving."     Okay.   And you do not give a reason.

 4                  Your reason for leaving was, you were

 5 arrested and deported, wasn't it?

 6                  MR. STRADLEY:   Objection; form.

 7    A.       (BY THE WITNESS)   I don't know.

 8    Q.       Well, didn't they arrest you, isn't that the

 9 reason that you quit working for Mr. Quezada?

10    A.    Yes.

11    Q.    But you didn't put that on your application for

12 Mr. Melendez, did you?

13    A.    No, I don't.

14    Q.    Did Mr. Melendez know that you had been

15 deported?

16    A.    No, he don't know.

17    Q.    Do any of these trucking companies that you've

18 worked for, did they ever know that you had been

19 deported?

20    A.    No.

21    Q.    Quezada would have known it, wouldn't he --

22 wouldn't they?

23    A.    I don't remember.

24    Q.    Well, when did they --

25                 When they picked you up, did they pick you
                                                                   Page 89
 1 up at your place of employment, or where did they pick

 2 you up?

 3    A.       Repeat the question.

 4    Q.       Okay.   When you were arrested, where were you

 5 when you were arrested?

 6    A.       On the border.

 7    Q.       Okay.   Did you ever get back with them to get

 8 your paycheck or other information and tell them that

 9 you had been deported?

10    A.     No.

11    Q.     Did anybody that you dealt with in the trucking

12 business, did they know you had been deported?

13    A.     No.

14    Q.     Did Mr. Melendez know that you had been

15 arrested?

16    A.     No, he don't.

17    Q.     Okay.     Did he --

18                 When did he know?     When was the first time

19 that he knew?

20    A.     No, he don't know.

21    Q.     Well, did he find out today?      Was that the

22 first time, or did he know before then?

23                 MR. STRADLEY:     Objection; form.

24    A.     (BY THE WITNESS)      I don't know.

25    Q.     Look at Exhibit No. 1 there.      Is that your
                                                              Page 90
 1 handwriting?

 2    A.       Yes, it is.

 3    Q.       All of this is your handwriting, this entire

 4 application?

 5    A.       Yes.

 6    Q.       Who knew about you being arrested?

 7    A.       Just my wife.

 8    Q.       Did anybody else know?

 9    A.       No.

10    Q.    What about your brother?

11    A.    I don't know.        I'm not sure.

12    Q.    Who are your best friends in the trucking

13 business?    Who do you consider your fellow drivers and

14 friends in the trucking?

15    A.    No, nobody.

16    Q.    Well, you must have people that you stay in

17 contact with that are drivers?

18    A.    No.       No.   No, nobody.

19    Q.    Not even the guys that are with Melendez,

20 they're not friends of yours?

21    A.    No.

22    Q.    Mr. Melendez says he's been over to eat

23 breakfast with you before; is that true?

24    A.    Probably.

25    Q.    Okay.       So you all consider --
                                                                   Page 91
 1                 You all are friends?

 2    A.   Maybe.      Probably.

 3    Q.   And you're going to tell the jury when we try

 4 this case in Wise County that Mr. Melendez never knew

 5 about you being deported?

 6                 MR. STRADLEY:     Objection; form.

 7    A.   (BY THE WITNESS)        I don't know.   Probably.

 8                 THE WITNESS:     Can we take a break?

 9                 MR. SIMPSON:     Sure.

10                THE VIDEOGRAPHER:      Going off the record at

11 2:13.

12                (A brief recess was taken.)

13                THE VIDEOGRAPHER:      We're back on the

14 record at 2:59.

15    Q.   (BY MR. SIMPSON)        Mr. Rodriguez, when you were

16 driving for Mr. Melendez --

17                Oh, you still drive for him, don't you?

18    A.   Yes.

19    Q.   Okay.     Drive for him every day, don't you -- or

20 five days a week?    Six days a week?

21    A.   Sometimes we work Saturday.

22    Q.   Okay.     When did he first find out that you got

23 arrested for illegal immigration?

24                MR. STRADLEY:      Objection; form.

25    A.   (BY THE WITNESS)        No, he don't know.
                                                                  Page 92
 1    Q.       Well, he knows today, doesn't he?

 2    A.       But now --

 3    Q.       He does now?

 4    A.       -- now, he knows.

 5    Q.       You would normally work five to six days a

 6 week?

 7    A.       Most of the time, five -- five days.

 8    Q.       What would your times be?   What time would you

 9 normally start work?

10    A.     It depends; sometimes 5:30, sometimes 6:00 --

11 6:00 a.m.

12    Q.     When would you normally end on a normal day?

13    A.     Repeat the question, please.

14    Q.     What --

15                  When would your day end normally?

16    A.     Normally, 6:00 p.m. --

17                  I mean, 6:00 a.m.

18    Q.     No, that's when it would begin.

19                  When would it end?   When would you get off

20 work?   When would you finish work?

21    A.     What time?

22    Q.     Yes.

23    A.     Sometimes 5:00 -- 5:00 p.m.

24    Q.     Now, you remember the day of this accident,

25 don't you?
                                                                  Page 93
 1       A.   Yes.

 2       Q.   And what day of the week was it?

 3       A.   I think it was a Tuesday.

 4       Q.   Tuesday.

 5                    Would you ever work Sundays?

 6       A.   No.     Never.

 7       Q.   Would you work very many Saturdays?

 8       A.   Sometimes.

 9       Q.   Did you have a yard that you took the trucks

10 to?

11       A.   Repeat the question, please.

12       Q.   Did you have a yard that you took --

13                   Where did you take your trucks -- or where

14 did you pick up your trucks?

15       A.   A yard.

16                   The yard is located on Tucker Hill.

17       Q.   Okay.    What was in that yard?   What was there?

18 Was it just a place to park your trucks?

19       A.   Yes, it's parking for trucks only.

20       Q.   Was there an office there?

21       A.   No.

22       Q.   Were there any restrooms there?

23       A.   Repeat the question, please.

24       Q.   Were there any restroom facilities there at the

25 yard?
                                                                  Page 94
 1    A.       You mean, bathroom or --

 2    Q.       Yes, bathroom.

 3    A.       Yeah.   Yes, sir.

 4    Q.       What kind of building was it?

 5    A.       It's -- It's not big.

 6                  I mean, that parking was a drive in.

 7    Q.       Was driving?

 8    A.       Drive in --

 9    Q.       Drive in?

10    A.    -- like a theater, without top.

11    Q.    Okay.      Was there any buildings on the property?

12    A.    Yeah.      There's one -- just one is --

13                 There's only one plant, you know.

14    Q.    Okay.      Could you park trucks in it?

15    A.    Yes.

16    Q.    Was --

17                 Did anybody do any maintenance in that

18 building?    Did they change tires or work on trucks or

19 anything?

20    A.    Mr. Melendez.

21    Q.    He did?

22    A.    Yes.

23    Q.    Okay.      Did it have an office in that building?

24    A.    No.

25    Q.    And where is that yard located?
                                                                  Page 95
 1    A.      On Cockerel Hill.     It's Jefferson -- Jefferson

 2 Street and across to the Cockerel Hill Street.

 3    Q.      Okay.     How many trucks would park there?

 4    A.      There probably there are 100.     I don't know.

 5    Q.      One hundred trucks?

 6    A.      Yes.

 7    Q.      Well, there weren't --

 8    A.      Excuse me.     Excuse me.

 9                    Did you --

10                   Do you ask me for the -- for the time when

11 the accident was or right now?

12    Q.      Okay.    I'm asking you when the accident -- at

13 the time of the accident, where you all parked?

14    A.      Okay.    Sorry.

15                   The yard is on Jefferson and near to

16 Loop 12.

17    Q.      Okay.     Was there a building on that yard?

18    A.      No, there was not.

19    Q.      Was it just a place to park trucks?

20    A.      Yes.    Yes.

21    Q.      How many trucks were parked there?

22    A.      Probably 10.

23    Q.      Well, all the trucks that were parked there

24 belonged to Mr. Melendez?

25    A.      Yes.
                                                                Page 96
 1     Q.    He didn't have a shop to work on the trucks at

 2 that location?

 3     A.    No.

 4     Q.    Would the trucks get in at different times, or

 5 would you all pretty much arrive at the same time each

 6 day?    As you quit work, would you all pretty much arrive

 7 at the same time?

 8     A.    Repeat the question, please.

 9     Q.    Okay.    My understanding is that there were 10

10 trucks that were in that yard.     When you quit work each

11 day, did you all quit work about the same time?

12    A.     No.    The yard -- The yard --

13                  That is how many owners of the trucks.

14 Mr. Melendez has five or six trucks.

15    Q.     But would they come in at different times?

16    A.     Yes.

17    Q.     Okay.

18    A.     May vary.

19    Q.     What was your CB handle?    Did you have a CB

20 handle?

21    A.     Yes.

22    Q.     What was your CB handle?

23    A.     I don't know --

24                  I don't understand your question.

25    Q.     You had a CB?
                                                                Page 97
 1    A.   Yes, CB radio.

 2    Q.   What was your name?      What did they call you on

 3 your radio?

 4    A.   I don't have nickname.      I mean --

 5                I'm --

 6                My name is Ricardo.

 7    Q.   Is that what they called you was Ricardo?

 8    A.   Yes.

 9    Q.   On your CB?

10    A.   Yes.

11    Q.   Did you have a mobile phone, also?

12    A.   No.

13    Q.   You never carried a mobile phone with you?

14    A.   Excuse me.      You mean -- You mean cell phone?

15    Q.   Cell phone?

16    A.   Oh, yes, cell phone.     Yes.

17    Q.   What was your cell phone number?

18    A.   It's 214-597-9876.

19    Q.   Were you at any time before the accident

20 talking on your cell phone?    Say, minutes before the

21 accident, were you talking on your cell phone?

22    A.   No.

23    Q.   Who provided your cellular service?

24    A.   It's the mobile.

25    Q.   Did you pay for your phone, or did Mr. Melendez
                                                                 Page 98
 1 pay for your phone?

 2    A.       I did.

 3    Q.       What did you use it for?

 4    A.       Some -- Sometimes I needed to call Mr. Melendez

 5 to know -- to know where -- what is the next -- the next

 6 load.

 7    Q.       What did you use your CB for?

 8    A.       To talk to -- To talk to other drivers.

 9    Q.       Who are the drivers that you used to talk to --

10 or that you talked to during that time?

11    A.      Nobody.   Nobody there at that time.

12    Q.      Who are some of your friends that are truck

13 drivers?

14    A.      Nobody.   I talked -- I talked with all people.

15                 I mean, I didn't consider them friends,

16 you know, very closely, because --

17                 You know, I don't drink.    I don't drink

18 any more and I think that's why.

19    Q.      How long before the accident had you quit

20 drinking?

21    A.      Probably six months -- six months ago from the

22 accident.

23    Q.      When you got back to where you parked, is that

24 where Mr. Melendez was?

25    A.      Repeat the question, please.
                                                                  Page 99
 1    Q.       When did you see Mr. Melendez when you worked

 2 for him -- or how often did you see him?

 3    A.       You mean, on the -- on the day of the accident

 4 or --

 5    Q.       No, days before the accident?

 6    A.       I think -- I think one day before.

 7    Q.       Okay.   Well, how often would you see him in a

 8 week?   How often would you see Mr. Melendez?

 9    A.       Well, sometimes -- sometimes daily.

10    Q.    Okay.      What would you all talk about?

11    A.    Sometimes if the -- if the trucks need some --

12    Q.    Truck needs what?

13    A.    -- some -- like -- like fuels or one light

14 bulb, you know.

15    Q.    Would you see him for any other reasons?

16    A.    When -- When he pay me.

17    Q.    Can you think of any other times that you all

18 would talk?

19    A.    Probably -- Probably --

20                 I don't remember exactly, but -- probably

21 I saw him two or three time.

22    Q.    Okay.      But you all would talk about things that

23 the truck needed; right?

24    A.    No.    We -- We talk about our minutes and safety

25 meetings.
                                                              Page 100
 1    Q.     Okay.     When did you all have your safety

 2 meetings?

 3    A.     Well, normally -- normally, I think every two

 4 months.

 5    Q.     What did you all talk about?

 6    A.     Most --

 7                   Safety meetings -- safety -- about the

 8 speed limit -- under the speed limit; check -- check

 9 tire pressures, check lights; if we need sleep, sleep

10 well, you know --

11                Clean -- Clean --

12                Keep clean the mirrors, the glasses.

13    Q.     Anything else?

14    A.     No, I don't remember right now what -- a lot

15 of -- a lot of things.

16    Q.     When would you normally get up in the morning

17 on a regular day?

18    A.     From -- From my house?

19    Q.     Yeah.

20    A.     Sometimes 5:20; sometimes 5:40.

21    Q.     That's when you'd leave from your house?

22    A.     From my house, I'd leave probably 6:00 or --

23 6:00 -- or 10 minutes to get to the yard.

24    Q.     What time would you go from the yard?    Where

25 would you go from the yard?     Would you go to TXI?
                                                                 Page 101
 1        A.   Well, to TXI plants.

 2        Q.   Would you do that every morning?

 3        A.   Yeah, most of the cases.    Yeah.

 4        Q.   About what time would you get to the TXI plant?

 5        A.   Well, it may vary, because they have a few

 6 plants.     Sometimes it's more -- more far, you know;

 7 sometimes it's more near.       That depends on which --

 8 which plant.

 9        Q.   When would you go to the Bridgeport plant on

10 114?    I guess, is it Paradise or Bridgeport plant?

11     A.      Bridgeport.

12     Q.      Bridgeport.

13     A.      Bridgeport plant.

14     Q.      When would you go -- When would you go to that

15 plant?

16     A.      Normally or --

17     Q.      Normally?

18     A.      Sometimes because the dispatch vary.    I mean,

19 depends on the dispatch orders.

20     Q.      What plants did you go to, the one in

21 Bridgeport and what other plants?

22     A.      There's one in Bridgeport and there's one in

23 Paradise, and the other plants is for -- for making

24 concrete.

25     Q.      Did you go to any plants other than the
                                                            Page 102
 1 Paradise and Bridgeport plants?

 2    A.   Yes, sometimes.

 3    Q.   Where were they located?

 4    A.   Well, Fort Worth has two plants; and Dallas,

 5 probably five or six.   I don't know.   I don't know.

 6    Q.   How many times a week would you go to the

 7 Bridgeport or Paradise plant, normally?

 8    A.   I cannot answer that exactly, because

 9 depends -- depends on the dispatch -- dispatch orders.

10    Q.   Would you go there more than twice a week,

11 normally, on the average?

12    A.   Depends on the weather -- weather conditions,

13 because if it's raining, you don't work -- I mean, I

14 don't work.

15    Q.   If you work an entire week without rain, how

16 many times, on the average, would you go to Bridgeport

17 or Paradise, a week?

18    A.   I -- I cannot answer exactly; probably five

19 times -- I mean, five loads, not days, but five loads --

20 probably 10; vary -- vary on the dispatch orders.

21    Q.   Do you remember the morning of December 17th,

22 2002?

23    A.   About the --

24                Before the accident?

25    Q.   Yes.
                                                                   Page 103
 1                    Do you remember when you got up that

 2 morning?

 3    A.      I'm not sure.     I've got to see my schedule.   I

 4 don't know.

 5    Q.      Do you remember where you went first that

 6 morning?

 7    A.      No.     I think that day I did two or three loads.

 8 I'm not sure.

 9    Q.      You don't remember how many loads you did

10 before the accident?

11                   MR. STRADLEY:   Objection; form.

12    A.      (BY THE WITNESS)    No.   No.

13    Q.      Do you remember whether you were tired or not

14 just before the accident?

15    A.      Repeat the question, please.

16    Q.      Do you remember whether you were tired or not

17 before -- just before the accident?

18    A.      I don't understand the question.

19    Q.      Okay.    You had already, before the accident,

20 hauled a couple of loads, had you not?

21    A.      Yes.

22    Q.      Were you tired as a result of hauling those

23 loads?

24    A.      Depends -- Depends, because sometimes you take

25 a load from Bridgeport to Richardson; sometimes you take
                                                               Page 104
 1 a load from Bridgeport to Fort Worth.

 2    Q.   So if the longs --

 3                 If the loads were long, that made you more

 4 tired; correct?

 5    A.   Yes.

 6    Q.   Okay.     I'm going to hand you what's been

 7 identified as your driver's daily log on 12/17/02.

 8                 MR. SIMPSON:    I'm going to go ahead and

 9 mark that as Deposition Exhibit No. 3, is it?

10                THE COURT REPORTER:     No. 2.

11                (RICARDO RODRIGUEZ Deposition Exhibit

12                No. 2 marked for identification.)

13    Q.   (BY MR. SIMPSON)       What trips had you taken that

14 day on December 17th?

15    A.   It's from Bridgeport to Wylie -- Wylie, Texas.

16    Q.   That's a long trip, isn't it?

17    A.   Yes.

18    Q.   Okay.     Then you went from Wylie back to

19 Bridgeport?

20    A.   Yes.

21    Q.   That's a long trip, isn't it?

22    A.   Yes.

23    Q.   And then you had the accident, didn't you; is

24 that right?

25    A.   Repeat the question, please.
                                                                 Page 105
 1        Q.   Okay.    You went from Wylie --

 2                    Excuse me.

 3                    From Bridgeport to Wylie?

 4        A.   Yes.

 5        Q.   From Wylie to Bridgeport.    Okay?

 6        A.   Yes.

 7        Q.   And then looks like you went from Bridgeport to

 8 Paradise; correct?

 9        A.   (No audible response.)

10     Q.      And then you had the accident; is that correct?

11     A.      Yes.

12     Q.      Just before the accident you were driving down

13 Highway 114 traveling east, were you not?

14     A.      Yes.

15     Q.      Were there any automobiles behind you that you

16 were aware of just before the accident?

17     A.      Right -- Right before the accident?

18     Q.      Yes.

19                    Do you remember looking in your rearview

20 mirror or looking in your windows -- or looking in your

21 mirrors, side mirrors, and seeing any traffic behind

22 you?

23     A.      No.

24     Q.      Do you remember just before the accident

25 looking ahead and seeing any traffic approaching you?
                                                             Page 106
 1    A.    I saw the SUV.

 2    Q.    That's the Yukon that Kim Hughes was driving?

 3    A.    Okay.

 4    Q.    Okay.     Did you see the Yukon way up ahead?

 5                  I'm not talking about before the

 6 collision.     I'm talking about, you know, up ahead of

 7 you -- traffic up ahead.     Did you see any traffic up

 8 ahead?

 9    A.    No.     No.

10    Q.    Okay.    The road was straight, was it not, in

11 front of you?

12    A.    Yes, it was straight.

13    Q.    Was there anything obstructing your view of the

14 traffic that was in the other lane?

15    A.    No.

16    Q.    When did you realize that there was some

17 traffic that was coming towards you?

18                 And I'm not talking just before the

19 accident, but when did you realize there was some

20 traffic, you know, heading west on 114?

21    A.    No, I just remember the SUV, the --

22                 What do you call it?

23    Q.    The Yukon?

24    A.    Okay.    Yukon.

25                 The Yukon slowly -- slowly comes to me,
                                                                 Page 107
 1 to -- to the front of my truck.

 2        Q.   Did you ever see the Yukon before the Yukon

 3 started to come towards you?

 4        A.   I -- I saw the Yukon probably a quarter of a

 5 mile.

 6        Q.   Okay.    Was the Yukon driving erratically, or

 7 swerving, or anything that you saw from that distance

 8 that looked to you to be abnormal?

 9        A.   Looks -- Looks normal, and slowly -- slowly she

10 came to me, you know --

11     Q.      Before she came to you, though, did she look

12 like she was --

13                    Did the Yukon look like it was --

14 everything was normal, before she started coming toward

15 you?

16     A.      Yes.    Yes.

17     Q.      There was no swerving or erratic movement?

18     A.      No.    No.   No.

19     Q.      Did you ever see at any time before or during

20 the impact the driver of the Yukon?

21     A.      No, it's impossible.

22     Q.      You never saw her in the car -- in her car?

23     A.      No.

24     Q.      Okay.    Could you tell that there was a person

25 behind the steering wheel as she started coming towards
                                                                  Page 108
 1 you?

 2        A.   That is seconds -- probably -- probably two

 3 seconds the SUV changed the lane and -- and came to me.

 4        Q.   I know, but did you see a person --

 5        A.   No.    No.

 6        Q.   -- behind the steering wheel at any time?

 7        A.   No, it's impossible.    It's impossible.

 8        Q.   Now, when you saw her coming toward you, how

 9 far away from her -- were you from her when you saw her

10 start to come towards you?

11     A.      I don't know.    Probably -- Probably one block.

12 I don't know.

13     Q.      How far away was she when you saw her cross the

14 middle line of the two --

15                    The eastbound lane and the westbound lane,

16 when she crossed that yellow line, how far was she from

17 you?

18     A.      You mean, distance?    Distance?

19     Q.      Yes.

20     A.      I don't know.

21                    It's not easy, because suddenly she's

22 there.

23     Q.      Do you know what the distance was between you

24 and her when she crossed that middle line?

25     A.      No.
                                                                Page 109
 1    Q.     Now, you say that she was coming toward you,

 2 and you saw her coming toward you; is that correct?

 3    A.     Yes.

 4    Q.     And you turned your wheel of your truck to the

 5 right.   Okay?

 6    A.     Yes.

 7    Q.     You couldn't turn it quickly because you were

 8 loaded; right?     I mean, you couldn't just jerk it

 9 because you -- you were loaded and had a full trailer of

10 rock and gravel, didn't you?

11    A.    I remember just turning the wheel to the right.

12    Q.    I know, but if you turned it quick -- too

13 quick, you could flip your --

14                  You've done it once before going around a

15 curve, you could flip your trailer, because it was

16 loaded, couldn't you?

17    A.    Well, it was seconds.     I cannot think on what's

18 going to happen.

19    Q.    Yeah.

20    A.    Yes, my reaction was avoid the -- the crash.

21    Q.    Yeah.     You -- You say you saw her coming

22 towards you, and so you turned to the right --

23    A.    Right.

24    Q.    -- to avoid the crash?

25    A.    Yes.
                                                                   Page 110
 1        Q.   Okay.    But you had already turned --

 2                    Okay.   You had turned before she hit you;

 3 is that correct?

 4        A.   Yeah.    Before -- Before she hit me, yeah.

 5        Q.   You turned to avoid her before she hit you?

 6        A.   Yes.

 7        Q.   Okay?

 8        A.   Yes.

 9        Q.   Can you give me the time --

10                    How long --

11                    Before --

12                    When you turned, how long before she hit

13 you, time-wise?

14                    I mean, you saw her, say, coming towards

15 you?

16     A.      Yes.

17     Q.      As you saw her coming towards you, she was

18 about a block away.        You saw her coming towards you, so

19 you turned to the right --

20     A.      Right.

21     Q.      -- to avoid her?

22     A.      Yes.

23     Q.      And then she ultimately, you say, impacted the

24 trailer -- hit the trailer; correct?

25     A.      Yes.
                                                                   Page 111
 1    Q.      What was the time between when you turned and

 2 when she hit you?       Can you give me seconds--1,001,

 3 1,002, 1,003, 1,004?

 4                    That's going to be a second--1,001, 1,002,

 5 1,003 --

 6                    How many seconds was it?

 7                    MR. STRADLEY:   Objection; form.

 8    A.      (BY THE WITNESS)      Two -- Two or three seconds,

 9 I think.

10    Q.      Just before you saw her start to come toward

11 you, do you remember anything about what was going on on

12 that highway?

13                  I mean, you know, you're going eastbound,

14 she's going westbound.        She's not started to come

15 towards you yet.      Okay?

16    A.      Uh-huh.    Yes.

17    Q.      Do you remember anything that happened during

18 that time?

19    A.      No.

20    Q.      So you don't know exactly where your truck was

21 before she started to head towards you, do you?

22                  MR. STRADLEY:     Objection; form.

23    A.      (BY THE WITNESS)     Repeat the question.

24    Q.      Okay.    Before she ever started to head towards

25 you, you say that you don't remember, you know, what you
                                                              Page 112
 1 were doing.    You don't remember anything about that,

 2 until she started to come towards you?

 3    A.   Well, but my -- my fault-- my fault is passing

 4 the time when the --

 5                 She has troubles with something, I don't

 6 know.

 7    Q.   Okay.     But I'm saying before she started to

 8 head toward you, you don't remember anything about that

 9 particular stretch of road and what you were doing or

10 what she was doing, do you?

11                MR. STRADLEY:   Objection; form.

12    A.   (BY THE WITNESS)    No, because -- because I saw

13 the -- that vehicle in my front coming like -- making

14 like this, my observation is going to be go to the

15 shoulder and park.

16    Q.   I don't understand what you're saying.

17    A.   I didn't see -- I didn't see nothing not normal

18 with the SUV when it's more -- more far.

19    Q.   Okay.    I understand that.

20    A.   Yes.

21    Q.   But you don't remember what you were doing

22 before then, either, do you?

23                MR. STRADLEY:   Objection; form.

24    A.   (BY THE WITNESS)    No.

25    Q.   After she collided with your trailer -- your
                                                                Page 113
 1 tractor trailer, did you continue to move to the right

 2 until you came to a stop on the shoulder of the road?

 3    A.   Well, after the crash.

 4    Q.   Did you continue to go right?

 5                 What I'm saying is:   After the crash, did

 6 you continue to go right until you came to the shoulder

 7 of the road and stopped your tractor trailer?

 8    A.   Yes, to park -- to park, yes.

 9    Q.   So you tried to avoid her, and after she

10 impacted with your tractor you continued to go right

11 slowing down and applying your brakes?

12    A.   Yes, because the shoulder is very, very narrow.

13    Q.   Did you apply your brakes before she impacted

14 with your tractor, when you tried to avoid her?

15              When you went right to try to avoid her,

16 were you able to put on your brakes then?

17    A.   My first reaction was avoid the crash, yes,

18 turn to the right.

19    Q.   Go to the right?

20    A.   Turn the wheel.

21    Q.   Yeah.

22    A.   That's it.

23    Q.   Did -- Did you put on the brakes, or did you

24 just turn the wheel?

25    A.   Well, after -- after the -- after -- since the
                                                             Page 114
 1 crash, just park -- park on the shoulder, because I -- I

 2 don't know who's coming behind me or another -- other

 3 vehicles on the front.

 4    Q.   And that's why you went -- continued to go to

 5 the right?

 6    A.   Yes.    To the right, yes.

 7    Q.   Now, you had some skidmarks on the shoulder of

 8 the road, too, where you had braked; isn't that correct?

 9    A.   Mine.

10    Q.   Yeah.    Your skidmarks?

11    A.   Not really.

12                MR. SIMPSON:    Let's mark these as two

13 exhibits, please.

14                (RICARDO RODRIGUEZ Deposition Exhibit

15                Nos. 3 and 4 marked for identification.)

16    Q.   (BY MR. SIMPSON)      I'm going to hand to you

17 what's been identified as Deposition Exhibit 3 and 4,

18 and ask for you to look at those pictures for a minute.

19    A.   (The Witness complied.)

20    Q.   Mr. Rodriguez, have you ever seen the pictures

21 that are depicted in Exhibits 3 and 4 before?

22    A.   No.

23    Q.   The truck tractor and trailer that are depicted

24 in pictures 3 and 4 -- Exhibits 3 and 4, is that your

25 tractor and trailer that you were driving for Melendez?
                                                              Page 115
 1    A.   Yes.

 2    Q.   And that was the tractor trailer that was

 3 involved in the accident on December 17th, 2002?

 4    A.   Yes, it is.

 5    Q.   Now, are those --

 6                 The skidmarks that are depicted in

 7 Exhibit 3 and 4, are those your skidmarks on

 8 December 17th, 2002?

 9    A.   Yes.

10    Q.   On Exhibit No. 4, I would like for you to mark

11 in red your skidmarks, if you would, please, and I've

12 given you --

13                Well, let's go ahead and use this pen, if

14 you'll mark those skidmarks in red on Exhibit No. 4.

15 Okay?

16    A.   Here.    (Indicating.)

17    Q.   Yes.    Uh-huh.

18                If you'll just put an "X" on them, on the

19 skidmarks from your tractor and trailer.

20    A.   (The Witness complied.)

21    Q.   Okay.    Are you going to mark both lines, both

22 skidmarks there?   Is there two of them or just one of

23 them?

24    A.   How many you need, two -- two lines?

25    Q.   Well, let me look at the exhibit.    I can't see
                                                                Page 116
 1 how you marked it there.

 2                 Yeah.   If you would just go ahead and --

 3    A.   (The Witness complied.)

 4    Q.   That's -- That's fine right there.      That's

 5 good.

 6                 There is another line of marks --

 7                 Is that another tire, or is that just --

 8                 I mean, is that two tires skidding there,

 9 or is that just one tire?     (Indicating.)

10    A.   Two tires.

11    Q.   Two tires.

12              Okay.      On Exhibit 4, is the skidmarks, is

13 that from your left tires or right tires?

14    A.   If I'm -- If I'm driving --

15    Q.   Yeah.

16    A.   -- it's my -- my right -- right side.

17    Q.   No, it would be your left side, wouldn't it?

18 If the tractor trailer is heading that way, wouldn't it

19 be your left side?

20    A.   Yes, and my right side.

21    Q.   Now, let's look at No. 3.     Okay?

22    A.   (The Witness complied.)

23    Q.   Now, those skidmarks, what side are those

24 skidmarks from, your left or right side?

25    A.   They're my right side.
                                                                     Page 117
 1    Q.      Well, which -- which way is your right?        Your

 2 right is here.       This is your left side.   Wouldn't it be

 3 your left side that the skidmarks are from?

 4 (Indicating.)

 5    A.      Well, this is --

 6                    When I -- When I park the truck, the

 7 marks --

 8    Q.      I may be missing something here, but --

 9                    And I'm not arguing with you.     I mean, if

10 you really feel like that's the right side and that's

11 fine, but isn't that your left tire that's leaving that

12 mark?   (Indicating.)

13    A.      Yeah.    That's my left side of the tires.

14    Q.      On the tires, that's what I'm saying.

15    A.      Okay.    Yeah.   They are on left side.

16                   If I'm driving, it's left side.

17    Q.      Okay.    So the mark --

18                   The tires that we see marks in Exhibit 4

19 and Exhibit 3 are your left tires?

20    A.      Yeah, they are.

21    Q.      Okay.

22    A.      Yes.

23    Q.      Now, the next question I have to ask you:       The

24 two different marks, is that the two tires on the left

25 side that are leaving a skid?        (Indicating.)
                                                                 Page 118
 1    A.       I'm not sure, because the -- on the -- on the

 2 accident, the result was two tires blow -- blow out.

 3    Q.       Okay.    So you don't know --

 4                    You know it was the left tires, but you

 5 don't know which tires left that?

 6    A.       Well, they're the left -- the left side.

 7    Q.       Okay.    What -- What tires would've left those

 8 skidmarks?     Would it have been the tractor tires or the

 9 trailer tires?

10    A.      The trailer.

11    Q.      The trailer?

12    A.      Trailer.

13    Q.      What brakes did you apply to stop on that

14 shoulder?    What brakes did you apply?

15    A.      All of them.

16    Q.      All of them?

17    A.      Yeah.    All of them because --   well, the

18 pedal --

19    Q.      Why do you say that it was the trailer tires

20 that left those skidmarks?

21    A.      Well, it's probably with the impact, the -- the

22 two tires result -- cannot --

23                 What is that in English?

24                 -- cannot walk.

25    Q.      Okay.    Cannot roll?
                                                               Page 119
 1    A.     Yeah.   Cannot roll.

 2    Q.     Okay.

 3    A.     Yeah.

 4    Q.     Well, do you think --

 5    A.     Roll with the impact.

 6    Q.     Okay.   Do you think these marks are your

 7 braking, or do you think they are as a result of the

 8 tires blowing?    (Indicating.)

 9    A.     I'm not sure, because with the marks I'm -- I'm

10 parking my truck.

11    Q.     Now, do you claim that the Yukon was over on

12 your side of the highway?

13    A.     After -- After she hit me, the result of the

14 impact, the -- the Yukon -- result crossing behind me.

15    Q.     So you saw her across the line after the

16 impact?

17    A.     No, she crossed the line before the -- the

18 impact.

19    Q.     How far across the line was she before the

20 impact?

21    A.     It's not easy.   It was too close.    It really

22 was too close.

23    Q.     So you don't know if she was even across the

24 line before impact, do you?

25                MR. STRADLEY:     Objection; form.
                                                                 Page 120
 1       A.    (BY THE WITNESS)    Well, suddenly -- suddenly

 2 she crossed the line before -- before hitting me.

 3       Q.    You did not see her cross the line before

 4 hitting you, though, did you?

 5                  MR. STRADLEY:    Objection; form.

 6       A.    (BY THE WITNESS)    I cannot understand the

 7 answer.

 8       Q.    You did not see her cross the line before she

 9 impacted with you, did you?

10                 MR. STRADLEY:    Objection; form.

11       A.   (BY THE WITNESS)    Well, what I see it's the --

12 the vehicle comes to me, that's it.

13       Q.   But you did not see her cross the middle stripe

14 before she impacted with you, did you?

15                 MR. STRADLEY:    Objection; form.

16       A.   (BY THE WITNESS)    Suddenly she -- she crossed

17 the line.

18       Q.   But you didn't see her cross the line, did you,

19 because it happened too quick?

20                 MR. STRADLEY:    Objection; form.

21       A.   (BY THE WITNESS)    It's not easy.

22                 Comes to me --

23                 That moment the -- the vehicle comes to

24 me.

25       Q.   I know you've testified that the vehicle came
                                                                   Page 121
 1 to you.

 2                  My question is --

 3                  And if you don't know, you don't know.

 4                  -- do you remember her crossing the middle

 5 stripe --

 6                  MR. STRADLEY:     Objection

 7        Q.   (BY MR. SIMPSON)     -- before the impact -- just

 8 before the impact with your tractor trailer?

 9                  MR. STRADLEY:     Objection; form.

10     A.      (BY THE WITNESS)   Before the -- Before the

11 impact she crossed the line, she did it.

12     Q.      But you don't remember seeing her cross the

13 line?

14                  MR. STRADLEY:    Objection; form.

15     A.      (BY THE WITNESS)   How?   How?

16                  She -- She came to me.

17     Q.      I -- I understand that you say that she came to

18 you.    Okay?

19     A.      Uh-huh.

20     Q.      But my question is:    Did you see her cross the

21 middle line?

22                  MR. STRADLEY:    Objection; form.

23     A.      (BY THE WITNESS)   I tell you what.   It's not

24 easy -- It's not an easy thing, again, on this accident.

25                  I need --
                                                                  Page 122
 1                 I don't know.   I need minutes, because

 2 I -- I remember when -- when she came to me and --

 3    Q.      I know you remember her coming to you.     That's

 4 not the question I'm asking you, Mr. Rodriguez.       You've

 5 told me that you remember her coming to you.

 6                 My question is:   As you sit here today, do

 7 you remember her crossing the middle stripe before

 8 impact?

 9    A.      Well, I --

10                 MR. STRADLEY:   Objection.    Objection;

11 form.

12    A.      (BY THE WITNESS)   I'm driving on my line.

13                 If she came to me, she crossed the line.

14    Q.      But you didn't see her cross the line?

15                 MR. STRADLEY:   Objection; form.

16    Q.      (BY MR. SIMPSON)   You think she crossed the

17 line, but did you see her cross the line?

18                 MR. STRADLEY:   Objection; form.

19    Q.      (BY MR. SIMPSON)   I know you think she crossed

20 the line, but did you see her cross the line?

21                 MR. STRADLEY:   Objection; form.

22    A.      (BY THE WITNESS)   I don't know.    Let's give me

23 a break.    I'm sorry.   I know -- I know you are spending

24 time, all people here, but it's not easy -- recall --

25 recall this.
                                                                 Page 123
 1    Q.   Can you answer that question "Yes" or "No"?

 2    A.   No.

 3                 MR. STRADLEY:    Objection; form.

 4                 MR. SIMPSON:    Do you want to take a break?

 5 It's up to you.    Okay?

 6                 THE WITNESS:    Yes, please.

 7                 THE VIDEOGRAPHER:    Going off the record at

 8 3:55.

 9                 (A brief recess was taken.)

10                THE VIDEOGRAPHER:     We're back on the

11 record at 4:08.

12    Q.   (BY MR. SIMPSON)       Your statement that you gave

13 at the scene of the accident, why was the statement

14 given in Spanish, Mr. Rodriguez?

15                MR. STRADLEY:     Objection; form.

16    A.   (BY THE WITNESS)       He asked me in English.

17    Q.   But did you talk back to him in Spanish?

18    A.   Yes.

19    Q.   Who was it that took your statement?

20    A.   From -- From TXI?

21    Q.   Yes.

22    A.   Jeremy -- Jeremy Deleon.

23    Q.   Okay.     And did he speak Spanish?

24    A.   Yes.

25    Q.   But he really didn't take your statement, he
                                                            Page 124
 1 just interpreted it; isn't that correct?

 2    A.   Yes.

 3    Q.   There was another man actually there to take

 4 your statement?

 5    A.   Yes.

 6    Q.   Correct?

 7    A.   Yes.

 8    Q.   And what was his name?

 9    A.   It's on the statement, the -- the name.

10    Q.   It's in the statement?

11    A.   Yes.

12    Q.   What did that man --

13                Who did that man tell you he was, a

14 representative of TXI?

15    A.   No, he's investigator.

16    Q.   Okay.     For TXI?

17    A.   No, it's another company.

18    Q.   And he told you that he wanted to take your

19 statement?

20    A.   Yes.

21    Q.   How long after the accident did he take your

22 statement?

23    A.   It was after two hours.    Probably two hours.

24    Q.   Did any of the DPS officers ever talk with you?

25    A.   Yes.
                                                              Page 125
 1    Q.     How many of them talked with you?

 2    A.     One.

 3    Q.     Okay.   And was that a lady DPS officer, a

 4 female?

 5    A.     Well, the lady asked me a few questions.

 6    Q.     Okay.   Did anybody else ask you any questions

 7 with the DPS?

 8    A.     Yeah.   One -- One man --

 9    Q.     Okay.

10    A.     -- one officer.

11    Q.     Okay.   She asked you questions, and then he

12 asked you questions?

13    A.     Yes.

14    Q.     Were the questions in English?

15    A.     Yes.

16    Q.     Did you reply back in English?

17    A.     Yes.

18    Q.     Both to the woman and to the man?

19    A.     First -- First was the woman -- first.

20    Q.     I know, and she asked you questions and you

21 replied back in English; correct?

22    A.     Correct.

23    Q.     And then the man asked you questions, and you

24 replied back in English to him?

25    A.     Yes.
                                                               Page 126
 1       Q.    But when the TXI representatives came to ask

 2 you questions, you replied back in Spanish; is that

 3 true?

 4       A.    Yes.

 5       Q.    Why did you talk back in Spanish when the TXI

 6 person asked you questions?

 7       A.    Jeremy talks Spanish.

 8       Q.    Well, yeah, but the -- the investigator did not

 9 talk Spanish, did he?

10       A.   No.

11       Q.   And he was the one asking you questions, wasn't

12 he?

13       A.   Yes.

14       Q.   Can you explain to me why you spoke to the DPS

15 officers in English, but you spoke to the investigator

16 through an interpreter?

17       A.   The -- The police officer asked me a few -- few

18 questions, and the investigator talked more.

19       Q.   Who else did you talk to at the scene of the

20 accident?

21       A.   At first with a young man.   He -- He lived

22 there on the accident place.

23       Q.   Okay.   Did he see the accident?

24       A.   No, he say -- he say he hear just the crash.

25       Q.   Did you talk with anyone else besides the young
                                                                Page 127
 1 man, the DPS officers, and Mr. Lopez, and the

 2 investigator?

 3    A.       Who -- Who's Mr. Lopez?

 4    Q.       Well, not Mr. Lopez --

 5                  Deleon.

 6                  I'm sorry.

 7                  Mr. Deleon?

 8    A.       Oh, Deleon.

 9                  No, first -- first was the -- the police

10 officers.

11    Q.    Okay.    I know it was the police officers, and I

12 know you say you talked to a young man and Mr. Deleon

13 and the investigator.       Did you talk to anyone else at

14 the scene of the accident?

15    A.    With -- With a man -- With a man, he's

16 travel -- traveling.       He came behind the -- the SUV.

17    Q.    And what did you all talk about?

18    A.    Well, he -- he asked me what was wrong with

19 the -- with the vehicle -- the SUV to change the lane,

20 and I say, I don't know.

21    Q.    Anybody else talk to you at the scene of the

22 accident other than the people you've just told me

23 about?

24    A.    No.    Well, no, Deleon --

25                 After the accident they take me the test,
                                                                   Page 128
 1 that's it.

 2    Q.      Okay.

 3    A.      The alcohol, the drug test.

 4    Q.      Okay.     Who took you?

 5    A.      Jeremy.

 6    Q.      Okay.     Whose suggestion was it that you be

 7 tested for alcohol and drugs?

 8    A.      There in Bridgeport.

 9                    I don't remember the name of the clinic.

10 It's in Bridgeport.

11    Q.      Okay.    But who -- who said that you have to go

12 get a drug and alcohol test?         Who told you you had to go

13 do that?

14    A.      Well, Jeremy -- Jeremy received -- received

15 orders from Mr. Joe White.

16    Q.      Did you talk to Mr. Joe White?

17    A.      Well, he -- he asked me if I am okay, or if I

18 was nervous or --

19    Q.      What did they find in the test, do you know?

20    A.      Nothing.

21    Q.      What did you have to do in the test?       Did you

22 have to urinate?

23    A.      Repeat the question, please.

24    Q.      Okay.    How did they test you?

25    A.      With the -- With the breath.
                                                            Page 129
 1    Q.   Okay.     Did they take any of your blood?

 2    A.   Yes, blood -- blood pressure.

 3    Q.   Okay.     Did they take any blood from you?

 4    A.   Yes.

 5    Q.   Are you sure they took blood from you?

 6    A.   I don't remember exactly, because sometimes the

 7 drug test is with the --

 8    Q.   Urine?

 9    A.   Yes, urine.

10    Q.   Did they take your urine?

11    A.   I don't remember, because --

12    Q.   You don't remember what they did?

13    A.   First, I remember is the breath.

14    Q.   Okay.     You just remember the breath -- them

15 taking your breath?

16    A.   Yeah, they did it.    I think they take my urine.

17    Q.   They did what?

18    A.   They take my -- my urine.

19    Q.   Your urine?

20    A.   Yes.

21    Q.   When did they tell you that they wanted you to

22 go have a test?

23    A.   The day of the accident or --

24    Q.   Yeah.     Well, was it --

25                Was it right --
                                                                 Page 130
 1                     Did they come get you right before they

 2 took you and said, okay, let's come now and do the test,

 3 or did they wait awhile or -- you know, when did they

 4 tell you that you needed to go give your --

 5        A.   It was after the investigator answered the

 6 questions.

 7        Q.   With -- With Mr. Deleon?

 8        A.   Yes.

 9        Q.   Okay.     So they waited until they had the

10 investigator talk to you before you went and had a test?

11     A.      Yes.

12     Q.      Can you think of anybody else you talked to at

13 the scene of the accident other than the people that

14 you've told me about?

15     A.      Repeat me the question, please.

16     Q.      Okay.    Can you think of anybody else you talked

17 to at the scene of the accident?

18     A.      No.

19     Q.      Have you seen any pictures --

20                    Have anybody shown you any pictures of the

21 accident scene other than the pictures that I've shown

22 you?

23     A.      No.

24     Q.      You said that somebody that was behind you

25 talked to you.       Do you know who that person was?
                                                              Page 131
 1    A.     No, he came -- he came east to west.

 2    Q.     He was going --

 3    A.     East to west.

 4    Q.     Okay.    He was heading towards the west?

 5    A.     Yes.

 6    Q.     Okay.    Did he say he saw the accident?

 7    A.     He say -- He say he saw the vehicle cross the

 8 line.

 9    Q.     Okay.

10    A.     And he asked me what happened, and I said, I

11 don't know.

12    Q.     Okay.   And what vehicle was he in, do you know?

13    A.     It was a pickup.

14    Q.     Okay.   And did it have anything attached to the

15 pickup?

16    A.     Repeat the question, please.

17    Q.     Was it just a pickup, or did it have something

18 with the pickup?

19    A.     Just a pickup.

20    Q.     Just a pickup?

21    A.     Yes, regular -- regular pickup.

22    Q.     Okay.   Did it have anything behind it?

23    A.     Behind him?

24    Q.     Yeah.   Did it have a trailer with it, or did it

25 have --
                                                            Page 132
 1    A.   No.     No.   No.

 2    Q.   Just a pickup?

 3    A.   Just a pickup, yes.

 4    Q.   What was the color of the pickup?

 5    A.   Probably -- Probably it was white.

 6    Q.   Okay.     And he was headed --

 7                 Toward Bridgeport, he would've headed

 8 westbound?

 9    A.   Westbound, right.

10    Q.   Did you get his name?

11    A.   No.    No.

12    Q.   Did you tell the man that took your statement

13 about this person?

14    A.   No.

15    Q.   Why not?

16    A.   Because two -- two cars of police officers,

17 look like a boy -- I think boy, was there on the

18 accident scene, and it's probably one of those asked him

19 something, because he -- he was the first person stopped

20 behind the -- the SUV.

21    Q.   Okay.     He was the first person that stopped

22 behind the SUV?

23    A.   Yes.

24    Q.   Can you tell me what he looks like?

25    A.   The man in the pickup?
                                                               Page 133
 1       Q.   Yes.

 2                    In the white pickup?

 3       A.   He was white -- white, like you.

 4       Q.   Okay.

 5       A.   Probably -- Probably 30 years.

 6       Q.   Was he fat or skinny?

 7       A.   I'm not sure.      He -- He was settled on the

 8 wheel.

 9       Q.   He was doing what?

10       A.   I saw him on -- on his vehicle.

11       Q.   In his vehicle?

12       A.   Yes.

13       Q.   Was he behind the steering wheel?

14       A.   Right.

15       Q.   He wasn't in the accident, was he?

16       A.   Well, he -- he almost stepped -- he almost

17 stepped out of the vehicle.       He -- He was waiting for --

18 for officer indications.

19       Q.   Okay.    But my --

20                   I mean, he wasn't in the collision, was

21 he?

22       A.   No.    No.   No.

23       Q.   Have you talked to him since the accident?

24       A.   Repeat the question.

25       Q.   Have you talked to him or heard from him since
                                                                Page 134
 1 the accident?

 2    A.    No.     No.

 3    Q.    Have you told your attorneys about him being a

 4 witness to the accident?

 5    A.    No, because the police officer told me keep --

 6 keep out.     I tell the -- I tell the police officer, I am

 7 the truck driver, and he say keep out, move.

 8    Q.    Okay.     I'm saying did you tell your attorney,

 9 Mr. Stradley, about this witness that you say you talked

10 to at the scene of the witness?

11                 MR. STRADLEY:    Objection; form.

12 Objection; attorney/client privilege.

13                 MR. SIMPSON:    Well, I mean, this is

14 certainly goes into discovery here.      I mean, you know,

15 if there's a witness out there that supposedly saw the

16 accident --

17                 MR. STRADLEY:    I agree.   I agree.

18                 I'll allow the question under those

19 circumstances.

20    Q.   (BY MR. SIMPSON)       Did --

21                 Have you told your attorneys that there

22 was an eyewitness in a white truck?

23    A.   No.     No.

24    Q.   Is this the first time you've told anybody

25 about this witness?
                                                                 Page 135
 1       A.   Yeah.    This is the first time.

 2       Q.   Was there anybody else at the scene of the

 3 accident that we've not talked about?

 4       A.   No.

 5       Q.   Have you ever had any steering problems with

 6 the tractor trailer that you drive --

 7                   And I know you don't own it, but I know

 8 you drive it?

 9       A.   Yes.    Yes.

10       Q.   Have you ever had any steering problems with

11 it, like it tends to go to one side or the other?

12       A.   No.

13       Q.   Have you ever had any mechanical problems with

14 it?

15       A.   No.

16       Q.   Is it a good tractor and trailer?    Is it good

17 mechanically, and with good tires?

18       A.   Yes.

19       Q.   You haven't --

20                   Have you ever had any complaints about it

21 to Mr. Melendez?

22       A.   No.    No.

23       Q.   Would it ever drift on the highway --

24                   If you were driving down the highway and

25 you let go of the steering wheel, would it drift one way
                                                                  Page 136
 1 or the other?

 2                 MR. STRADLEY:     Objection; form.

 3    A.   (BY THE WITNESS)        Repeat the question, please.

 4    Q.   Okay.     You know how you're driving on a highway

 5 and you can let go of the steering wheel, okay, and

 6 sometimes the vehicle will either drift left or right,

 7 would your tractor trailer drift left or right if you

 8 let go of the steering wheel?

 9                 MR. STRADLEY:     Objection; form.

10    A.   (BY THE WITNESS)     I cannot really understand

11 your answer.

12    Q.   Okay.     When you're driving an automobile --

13    A.   Yes.

14    Q.   -- and you let go of the steering wheel --

15                 Okay?

16                 -- sometimes it will go that way, or it

17 will go that way, or it may keep going straight, do you

18 know how your tractor trailer track --

19                 If you let go of the steering while, would

20 it veer slightly one way or the other -- turn one way or

21 the other?   (Indicating.)

22                 MR. STRADLEY:    Objection; form.

23    A.   (BY THE WITNESS)     Well, it depends -- depend on

24 the -- on the ground.

25    Q.   If the ground is level like -- and straight
                                                                    Page 137
 1 like this section of 114, would it keep going straight,

 2 or would it veer to the left or the right?

 3                    MR. SIMPSON:    Objection; form.

 4       A.   (BY THE WITNESS)       Well, I drive on the middle

 5 of the line.

 6       Q.   Well, but if you let go of the steering wheel,

 7 would it go one way or the other?

 8                    MR. STRADLEY:    Objection; form

 9       A.   (BY THE WITNESS)       No, it's in good mechanical

10 condition.

11       Q.   It's an old tractor and trailer, though, isn't

12 it?

13       A.   Repeat the question, please.

14       Q.   Your tractor and trailer is pretty old, isn't

15 it?

16       A.   No, it's not.

17       Q.   Okay.

18                 MR. SIMPSON:       Okay.   Let's change tapes.

19                 THE VIDEOGRAPHER:       Going off the record at

20 4:31.

21                 (A brief interruption occurred.)

22                 THE VIDEOGRAPHER:       We're back on the

23 record with Tape 3 at 4:51.

24       Q.   (BY MR. SIMPSON)       Mr. Rodriguez, I have one

25 more question for you:      Have you ever crossed the middle
                                                                   Page 138
 1 stripe of a highway by accident?

 2    A.      No.

 3                    MR. SIMPSON:   Pass the witness.

 4                    -------------------------------

 5                             EXAMINATION

 6 BY MR. STRADLEY:

 7    Q.      I have just a few questions and then we'll

 8 reserve the rest of our questions.

 9                    Mr. Rodriguez, you said you had three

10 tickets?

11    A.      Right.

12    Q.      What happened to those three tickets?      What --

13 What did you do?

14    A.      I did defensive -- defensive driving with two

15 of them, and the other I did probation for 90 days.

16    Q.      Okay.    Do you know --

17                  Did you successfully complete your

18 defensive driving on the two tickets?

19    A.      Yes, I did.

20    Q.      Did you complete your probation without getting

21 another ticket?

22    A.      Yes, I did.

23    Q.      Okay.    Do you know if you have any convictions

24 on those three tickets?      Final convictions?

25    A.      No.
                                                               Page 139
 1    Q.   Okay.     When you applied -- When you applied

 2 with Mr. Melendez, I believe the date was May the 18th,

 3 2001; is that correct?

 4    A.   Yes.

 5    Q.   Did you start driving for Mr. Melendez that

 6 date?

 7    A.   No.

 8    Q.   When do you believe you started driving for

 9 Mr. Melendez?

10    A.   A few weeks later.

11    Q.   Okay.     Between the time that you filled out

12 this application on May 18th, 2001, on Exhibit 1, until

13 you started driving with Melendez, did you drive with

14 anybody else?

15    A.   Yes, for Manuel Vasquec.

16    Q.   Vasquez or Velazquez?

17    A.   Vasquec.      Vasquec.

18    Q.   How do you spell it?

19    A.   V-, like Victor, -a-s-q-u-e-c.

20    Q.   Okay.     Now, did you ever see the papers on your

21 immigration arrest?     Did you ever see the court papers

22 or the legal papers?

23    A.   Yes, I did.

24    Q.   Did you understand them?

25    A.   No.     No.
                                                                  Page 140
 1    Q.     Do you know -- Do you know -- Do you know if

 2 you ever had a final conviction from the immigration

 3 arrest?

 4    A.     No.

 5    Q.     Okay.    Mr. Simpson asked you about when you

 6 drive, if you let go of the steering wheel if the truck

 7 goes to the left or to right; do you remember that

 8 question?

 9    A.     Yes.

10    Q.     When you are driving a -- an 18-wheeler, a

11 truck, do you let go of the steering wheel?

12    A.     No.

13    Q.     Did you let go of the steering wheel on the day

14 of the accident?

15    A.     No.

16    Q.     Mr. Simpson asked you on the day --

17                  He asked you if you ever get tired.    If

18 you ever get sleepy.     I think he asked you if you ever

19 get tired.   Do you remember that question?

20                  MR. SIMPSON:    Objection; leading.

21    Q.     (BY MR. STRADLEY)      Do you remember Mr. Simpson

22 asking you if you ever get tired?

23                  MR. SIMPSON:    Objection; leading.

24    A.     (BY THE WITNESS)      Yes.

25    Q.     Okay.    On December 17th, 2002 when this
                                                             Page 141
 1 accident happened, were you tired?

 2                 MR. SIMPSON:    Objection; leading.

 3    A.    (BY THE WITNESS)      No, I'm not.

 4    Q.    Were you tired at any time on that day?

 5                 MR. SIMPSON:    Objection; leading.

 6    A.    (BY THE WITNESS)      No.

 7    Q.    What were you hauling at the time of the

 8 accident?

 9    A.    Sand.

10    Q.   Okay.    Do you only hire sand -- haul sand, or

11 do you hire other materials?

12    A.   Sometimes gravel, rock, sand.

13    Q.   Okay.    At this time what was it?

14    A.   Sand.

15    Q.   All right.    Mr. Rodriguez, when the accident

16 happened, what lane were you in?

17    A.   Mine.

18    Q.   How do you know?

19    A.   Because there's one yellow line on my left --

20 left side, and there's one -- one white one, one color

21 right on the right side.

22    Q.   Okay.    When -- When the Yukon came to you, as

23 you said --

24    A.   Yes.

25    Q.   -- what lane were you in?
                                                                     Page 142
 1                   MR. SIMPSON:    Objection; leading.

 2    A.     (BY THE WITNESS)       Mine.

 3                   MR. STRADLEY:    Please mark that.

 4                   (RICARDO RODRIGUEZ Deposition Exhibit

 5                   No. 5 marked for identification.)

 6    Q.     (BY MR. STRADLEY)       Mr. Rodriguez, let me show

 7 you Deposition Exhibit No. 5.        What is that?

 8 (Indicating.)

 9    A.     It's the view from the sky.          This is my truck

10 on the right lane, and this is the -- the SUV, the

11 Yukon.   (Indicating.)

12    Q.     Who wrote this?

13    A.     Me.

14    Q.     When did you write it?

15    A.     A few minutes ago.

16    Q.     Okay.    Is this a fair and accurate -- a true

17 drawing of where you were and where the Yukon was just

18 before the accident on December 17th, 2002?

19                 MR. SIMPSON:      Objection; leading.

20    A.     (BY THE WITNESS)       Yes, it is.

21                 MR. STRADLEY:      Thank you, Mr. Rodriguez.

22                 Pass the witness.

23                 -------------------------------

24                           EXAMINATION

25 BY MR. SIMPSON:
                                                                Page 143
 1    Q.   Mr. Rodriguez, what's the number --

 2                 Is that Exhibit No. 5?

 3    A.   Five.

 4    Q.   Okay.     That drawing that you made just a couple

 5 of minutes ago; correct?

 6    A.   Right.

 7    Q.   Okay.     And it was right after I asked you

 8 questions where you said you did not know whether the

 9 Yukon crossed the middle stripe; correct?

10                 MR. STRADLEY:   Objection; form.

11    A.   (BY THE WITNESS)     Repeat the -- the question.

12    Q.   Okay.     You just had a meeting with your

13 attorney in a private room where we were not present,

14 did you not, Mr. Rodriguez?

15    A.   Yes.

16    Q.   And the door was closed, was it not, in that

17 private room?

18                 MR. STRADLEY:   Objection; form.

19    A.   (BY THE WITNESS)     Yes, it was closed.

20    Q.   And we were not in there.      When I mean, "we" I

21 mean, Kim Hughes and her family, the driver of that

22 Yukon, her attorneys were not in there when you all drew

23 that Exhibit No. 5, were we?

24    A.   Repeat the question.

25    Q.   Okay.     When you had --
                                                               Page 144
 1                   When you drew the drawing that you put

 2 down on this yellow sheet of paper --

 3    A.      Yes.

 4    Q.      Let me rephrase that.

 5                   When you and your attorney drew Exhibit

 6 No. 5, it was in a private room and none of the

 7 attorneys for the Hughes, Watkins, or Royse family were

 8 present; is that true?

 9    A.      It's true.

10    Q.      And when you drew Exhibit No. 5, TXI's

11 representative, the gentleman seated here by your

12 attorney, was also present when you drew Exhibit No. 5;

13 correct?

14    A.      Correct.

15    Q.      And Mr. Melendez was also present in that

16 private room when you drew Exhibit No. 5; is that

17 correct?

18    A.      Correct.

19    Q.      They had you draw Exhibit 5, after I asked you

20 all the questions concerning whether or not Kim Hughes

21 crossed the middle line on 114 on December 17th, 2002;

22 correct?

23    A.      Correct.

24                   MR. SIMPSON:   Pass the witness.

25                   -------------------------------
                                                                    Page 145
 1                              EXAMINATION

 2 BY MR. STRADLEY:

 3        Q.   Mr. Rodriguez, draw it again, please.

 4        A.   Sure.

 5                     (The Witness complied.)

 6                     MR. STRADLEY:    Please mark that.

 7                     (RICARDO RODRIGUEZ Deposition Exhibit

 8                     No. 6 marked for identification.)

 9        Q.   (BY MR. STRADLEY)       Mr. Rodriguez, let me show

10 you what is Deposition Exhibit 6.          What is that?

11     A.      It's a view from the -- from the top, from the

12 sky, and this is my truck on my line, and this is the

13 SUV.    (Indicating.)

14     Q.      Okay.    Is --

15                    Were you through?

16     A.      Yes.

17     Q.      Is this a fair and accurate -- a true

18 representation, a true picture, of where you were and

19 where the Yukon was just before the accident?

20                    MR. SIMPSON:     Object as to form.

21     A.      (BY THE WITNESS)      Yes, it is.

22     Q.      Did anybody tell you how to draw these two

23 exhibits, No. 5 or No. 6?

24                    MR. SIMPSON:     Object as to form.

25     A.      (BY THE WITNESS)      No.   Nobody.
                                                             Page 146
 1    Q.   Is that the way it happened?

 2              MR. SIMPSON:    Object as to form.

 3    A.   (BY THE WITNESS)    Yes, it was.

 4              MR. STRADLEY:    Pass the witness.

 5              We'll reserve the rest of our questions

 6 until time of trial.

 7              -------------------------------

 8              MR. SIMPSON:    Okay.   We have no further

 9 questions.

10              Thank you.

11              -------------------------------

12              THE VIDEOGRAPHER:   Going off the record at

13 5:05.

14              -------------------------------

15              (END OF PROCEEDINGS)

16              -------------------------------

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19 ________________________________________________________

20 ________________________________________________________

21 ________________________________________________________

22 ________________________________________________________

23 ________________________________________________________

24 ________________________________________________________

25 ________________________________________________________
                                                                Page 148
 1

 2             I, RICARDO RODRIGUEZ, have read the foregoing

 3 deposition and hereby affix my signature that same is

 4 true and correct, except as noted above.

 5

 6                                ___________________________

 7                                 RICARDO RODRIGUEZ

 8

 9 THE STATE OF _________     )

10 COUNTY OF      _________   )

11          Before me, ____________________, on this day

12 personally appeared RICARDO RODRIGUEZ, known to me (or

13 proved to me under oath or through ______________ )

14 (description of identity card or other document) to be

15 the person whose name is subscribed to the foregoing

16 instrument and acknowledged to me that they executed the

17 same for the purposes and consideration therein

18 expressed.

19          Given under my hand and seal of office this

20 _____ day of _____________, 2003.

21

22

23                             _________________________

24                             NOTARY PUBLIC IN AND FOR

25                             THE STATE OF ___________
                                                             Page 149
 1                       NO. 03-05-379
 2 RANDY HUGHES, Individually     )    IN THE DISTRICT COURT
   and as Personal Representative)
 3 for the ESTATE OF SHILOH       )
   HUGHES; CLINT ROYSE,           )
 4 Individually and as Personal )
   Representative for the ESTATE )
 5 OF AFTON HUGHES ROYSE; and as )
   Next Friend of JAGR ROYSE;     )
 6 WILLIE WATKINS; Individually )
   and as Personal Representative)
 7 for the ESTATE OF JOYCE        )
   WATKINS; SHIRLEY RITCHEY;      )
 8 CAROLYN LARGENT; BETTY GENTRY )
   and JOHNNY WATKINS             )
 9          Plaintiffs,           )
                                  )
10 VS.                            )    OF WISE COUNTY, TEXAS
                                  )
11 TXI TRANSPORTATION COMPANY;    )
   AURELIO MELENDEZ; and RICARDO )
12 REYNA RODRIGUEZ                )
   VS.                            )
13 WILLIE WATKINS, Individually )
   and as Personal Representative)
14 for the ESTATE OF KIMBERLY     )
   WATKINS HUGHES                 )     271st JUDICIAL DISTRICT
15
                   REPORTER'S CERTIFICATION
16              DEPOSITION OF RICARDO RODRIGUEZ
                        November 19, 2003
17
18     I, Pamela Wilson Goodwyn, Certified Shorthand
19 Reporter in and for the State of Texas, hereby certify
20 to the following:
21     That the witness, RICARDO RODRIGUEZ, was duly sworn
22 by the officer and that the transcript of the oral
23 deposition is a true record of the testimony given by
24 the witness;
25     That the deposition transcript was submitted on
                                                             Page 150
 1 November 25, 2003, to the attorney for the witness for

 2 examination, signature and return to me by December 15,

 3 2003;

 4    That the amount of time used by each party at the

 5 deposition is as follows:

 6    Mr. Simpson - 3HRS:46MINS
      Mr. Stradley - 0HRS:12MINS
 7    That pursuant to information given to the deposition

 8 officer at the time said testimony was taken, the

 9 following includes counsel for all parties of record:

10    Mr. Simpson, Mr. Boyd, Mr. Powers, Attorneys for
      Plaintiffs
11    Mr. Stradley, Attorney for Defendants

12    I further certify that I am neither counsel for,

13 related to, nor employed by any of the parties or

14 attorneys in the action in which this proceeding was

15 taken, and further that I am not financially or

16 otherwise interested in the outcome of the action.

17    Further certification requirements pursuant to

18 Rule 203 of TRCP will be certified to after they have

19 occurred.

20    Certified to by me this 24th day of November, 2003.

21

22

23              ______________________________________
                Pamela Wilson Goodwyn, Texas CSR #1267
24              Expiration Date: 12/31/05
                Firm Registration No. 89
25              Post Office Box 623
                Decatur, Texas 76234
                                                             Page 151
 1              (940)627-7171

 2

 3

 4        FURTHER CERTIFICATION UNDER RULE 203 TRCP

 5

 6         The original deposition was/was not returned to

 7 the deposition officer on               ;

 8         If returned, the attached Changes and Signature

 9 page contains any changes and the reasons therefor;

10         If returned, the original deposition was

11 delivered to __________________, Custodial Attorney;

12         That $ _______ is the deposition officer's

13 charges to the Plaintiff for preparing the original

14 deposition transcript and any copies of exhibits;

15         That the deposition was delivered in accordance

16 with Rule 203.3, and that a copy of this certificate was

17 served on all parties shown herein on               and

18 filed with the Clerk.

19         Certified to by me this ___ day of

20 ____________, 2003.

21

22              ______________________________________
                Pamela Wilson Goodwyn, Texas CSR #1267
23              Expiration Date: 12/31/05
                Firm Registration No. 89
24              Post Office Box 623
                Decatur, Texas 76234
25              (940)627-7171

								
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