box, gary | testimony transcript 11!15!13

Transcript of the Testimony of Gary Box

Date: November 15, 2013Volume: I

Case: In Re: Joplin Critical Investigation

Printed On: November 30, 2013

Holliday Reporting Service, Inc.Phone: 417-358-4078

Fax: 417-451-1114Email:[email protected]

Internet:

Gary Box In Re: Joplin Critical Investigation

417-358-4078Holliday Reporting Service, Inc.

Page 1

IN RE: JOPLIN CRITICAL INVESTIGATION

SWORN STATEMENT OF

GARY BOX

Taken on Friday, November 15, 2013, from 11:50 a.m. to 1:11

p.m., at the law offices of Juddson H. McPherson, LLC, 626

S. Byers, in the City of Joplin, County of Jasper, State of

Missouri, before

SHARON K. ROGERS, C.C.R.650,

a Certified Court Reporter and a Notary Public within and

for the County of Jasper, and State of Missouri.



Page 2

APPEARANCES

MR. THOMAS E. LORAINE

Loraine & Associates, LLC

4075 Osage Beach Pkwy., Suite 300

Osage Beach, MO 65065

[email protected]



Page 3

S T I P U L A T I O N

IT IS HEREBY STIPULATED AND AGREED that this Sworn

Statement may be taken by steno-mask type recording by

SHARON K. ROGERS, a Certified Court Reporter, and

afterwards reduced into typewriting.

It is further stipulated that the signature of the

witness is hereby waived, and that said Sworn Statement of

said witness shall be of the same force and effect as

though said witness had read and signed Sworn Statement.



Page 4

I N D E X

Page/Line

DIRECT EXAMINATION BY MR. LORAINE . . . 5-4

E X H I B I T S

(sic) - typed as spoken

(ph.) - phonetic



Page 5

1 GARY BOX

2 Having been first duly sworn and examined,

3 testified as follows:

4 DIRECT EXAMINATION BY MR. LORAINE:

5 Q. Mr. Box, you're not a City employee?

6 A. No. Used to be a long time ago.

7 Q. Oh, you did?

8 A. I was Joplin police officer, Detective '72 to

9 '85.

10 Q. I'll be dern. I didn't know that. So '72 to

11 '85. What was your rank?

12 A. I went up to Sergeant, but most of my career

13 was spent as a Detective. I was a Sergeant

14 about a year and a half.

15 Q. Detective is a better position?

16 A. It was for me. I didn't like wearing a

17 uniform and I was an investigator and I

18 enjoyed doing that. I took a promotion to 19 Sergeant for about a year and a half and I'd

20 asked for a demotion and they wouldn't give

21 it because of protocol, but we had three

22 murders in one week and the Chief said do you

23 want your rank back and I said, please, and

24 he said we need you to go back.

25 Q. So actually Detective is not a pay level?



Page 6

1 A. Well, back then it wasn't, no. You went from

2 Patrolman, to Detective, to Sergeant.

3 Detective was the equivalent then of a

4 Corporal.

5 Q. Okay. Did you work with Joplin with this

6 present Chief?

7 A. No, no, no.

8 Q. That was way before him?

9 A. A long time.

10 Q. Who was your chief?

11 A. I had two of them, the first one was Bernie

12 Kakuske, and the second one was Larry Tennis.

13 They're both retired.

14 Q. It's fair to say you go back a little bit

15 with the City of Joplin then?

16 A. 1972.

17 Q. I sure did not know that. Good to have the

18 background. I'm doing an investigation and

19 I've been charged with according to the

20 newspaper and according to my contract, they

21 are consistent, I have been charged with

22 investigating Mr. Woolston, Mr. Scearce, and

23 any collateral matters that arise out of

24 items that were taken, allegedly taken from

25 Rohr's office, and any other collateral items



Page 7

1 that arise.

2 A. Sure.

3 Q. As an investigator you know how that goes.

4 A. I understand.

5 Q. And a lot of times when you start that

6 process a whole bunch of other snakes pop

7 out.

8 A. I remember that well.

9 Q. Tell me what your present position with

10 Wallace-Bajjali is.11 A. I'm the Project Manager. I'm the head of the 12 Joplin office. We have including myself four

13 employees here. David Wallace is my boss.

14 He's the co-owner of Wallace-Bajjali.15 Q. How big is Wallace-Bajjali?16 A. It's a large company, not in the terms of

17 number of employees, but we are a traded

18 company.

19 Q. Traded on the big board?

20 A. Yes. We do master developments in several

21 communities. The home office is in Sugarland,

22 Texas. They do everything on all the other

23 communities. Joplin, of course, was the

24 destruction. They were selected this last

25 year in 2012 as the master developer for the



Page 8

1 rebuild and by contract with the City and of

2 course that contract was with the City

3 Council. David felt it necessary to have a

4 presence full-time here in Joplin. Prior to

5 September of 2012 I worked as economic

6 development for the Joplin Chamber of

7 Commerce which contractually does economic

8 development for the City of Joplin. So I was

9 familiar with Wallace-Bajjali. In fact, I 10 was the Joplin liaison assigned to them, and

11 then they offered me permanent employment for

12 the rebuild.

13 Q. So as an economic development were you

14 working for the Chamber of Commerce?

15 A. Yes.

16 Q. Which has a contract with the City?

17 A. Yes.

18 Q. So the City provides funds to them?

19 A. Yes.

20 Q. Are those funds under the control of the City

21 Council?

22 A. Yes, every year they determine what amount,

23 every year's budget how much that they will

24 allocate to the Chamber of Commerce for

25 economic development. In some communities



Page 9

1 the economic development falls under the City

2 a lot of times in planning, but with Joplin

3 they find it very advantageous to do it

4 outside because of course the laws in regards

5 to disclosure, a lot of times in economic

6 development you are dealing with site

7 selectors and companies that have to maintain

8 total amenity and so it's easier for the

9 Chamber to do that than the City.

10 Q. You say you were working for the Chamber and

11 then Wallace-Bajjali offered you - you would 12 have been working with Wallace-Bajjali as a 13 Chamber member?

14 A. Oh, sure.

15 Q. As the economic development.

16 A. David first came to Joplin in late July of

17 2011, maintained constant contact, many, many

18 trips here. Late December of 2011 an RFP was

19 issued by the City for a master developer.

20 The City received six responses, two of which

21 were not considered, they weren't complete.

22 There were four entities that were vetted.

23 And then in April the City Council chose to

24 enter into contract negotiations with

25 Wallace-Bajjali and in late August the



Page 10

1 contracts --

2 Q. That would have been 2012?

3 A. 2012, right, late August of 2012 those

4 contracts were signed and then David Wallace

5 hired me immediately and then I immediately

6 hired my staff.

7 Q. Would it be fair to say that the economic

8 development job that you had with the 9 Chamber, were you actually banking property

10 with them?

11 A. No.

12 Q. Nothing like that?

13 A. No, it was attraction of business and

14 industry is what we did.

15 Q. And what's your educational training?

16 A. It's actually in Criminal Justice a long time

17 ago, graduate of the Police Academy at

18 Missouri Southern. I do have certification

19 out of the University of Oklahoma in economic

20 development.

21 Q. What kind of certification is that?

22 A. What is it? It's Oklahoma University

23 Economic Development Council. It was a

24 lengthy process of education that we had to

25 go through, weeks and weeks and weeks and



Page 11

1 weeks and massive testing on economic

2 development.

3 Q. Not a degree then?

4 A. Oh, no. No, no, no, it's a certification,

5 not a degree.

6 Q. So what is the certification, six months?

7 A. Actually it took me approximately a year, no,

8 two years to obtain that.

9 Q. Is that an Associate's Degree?

10 A. It probably has an equivalent to it. I never

11 tried to check that out.

12 Q. Were you post certified as a policeman?

13 A. Oh, yes, absolutely. I no longer carry

14 commission because I've been out of it too

15 long.

16 Q. during the process of the selection of

17 Wallace-Bajjali you say there were four 18 entities that were chosen as possible

19 bidders?

20 A. Right.

21 Q. That would have been chosen by the City

22 Council?

23 A. Ultimately, yes. The Joplin Redevelopment

24 Corporation, they vetted it first and then

25 they made their findings known to the City



Page 12

1 Council and the City Council was the one that

2 entered into it.

3 Q. So you played an important role in selecting

4 these four?

5 A. Yes, I was part of the vetting process.

6 Q. Vetting?

7 A. Due diligence. Out of the four there were

8 two site visits of the top two. One was of

9 course down in Texas and the other was up in

10 Kansas City. I didn't do any of the

11 traveling. My job was to actually get on the 12 phones and call people in each of the

13 communities and check backgrounds, job 14 productivity, likes, dislikes, calling the

15 local press, this type of thing.

16 Q. Who did the due diligence on travel?

17 A. That would have been Rob O'Brien, President

18 of the Chamber, Trish Laney, City Council

19 lady.

20 Q. Still is?

21 A. Uh-huh, Jane Cage.

22 Q. Who is that?

23 A. She is a private citizen, private business

24 woman, and she is - I don't know her exact

25 title, but she's head of CART, the Citizens



Page 13

1 Advisory Review Team, that was established

2 post tornado.

3 Q. Oh, that's all tornado stuff, CART?

4 A. Yes, absolutely.

5 Q. Was that appointed by the City?

6 A. No, not really. It was a large group of

7 businessmen came together post storm. Upon

8 direction of a gentleman by the name of Steve

9 Castaner, he is FEMA, and he led the disaster

10 recovery team that came here.

11 Q. Where did he come from?

12 A. He's actually out of Kansas City, but I mean

13 he's with FEMA. He was the lead. He was

14 kind of the go to person, okay, what do we do

15 now type of person.

16 Q. How to get money?

17 A. (Nodding head)

18 Q. That was a yes? I'm sorry.

19 A. Yes, Steve is a great guy, I work with him

20 very much, and he gave a lot of advice to the

21 community as a whole. Out of it initially

22 right off the bat is you need a team of

23 responsible individuals that will start doing

24 some of the community input sessions and all

25 this. Jane was picked to head that.



Page 14

1 Q. Then came the CART?

2 A. Uh-huh.

3 Q. So actually it was not a City inspired

4 organization?

5 A. It had City influence on it. The City

6 Manager was involved, the Council knew of it,

7 yeah.

8 Q. How did Wallace-Bajjali's name, how were they 9 selected as a bidder on this project?

10 A. It was through a multi-step. The interview

11 panel, which again I was a part of, we did

12 personal interviews, half day interviews with

13 the four.

14 Q. Can you give me the names of those four, if

15 you can recall them?

16 A. I can't. There was one out of New Jersey,

17 two out of Missouri and I believe both of

18 them were out of the Kansas City area, and

19 Wallace-Bajjali in Texas. They were 20 actually, all of them were a contrite name of

21 a bunch of entities that came together to

22 assist. Once the personal interviews were

23 done they were ranked and the top two then

24 were vetted. And by that it was personal

25 trips, you go down and see what projects



Page 15

1 they've done and take a look.

2 Q. Was Woolston involved in that?

3 A. Was Woolston involved? I believe he was.

4 Q. I was told that he was part of the due

5 diligence package.

6 A. Yes, I'm pretty sure.

7 Q. But I'm not sure who I was told that by.

8 A. I think Mike's role because Mike was Mayor,

9 Mike was Mayor at the time, his job was to 10 call the Mayors and Council people in the

11 communities of those that we were vetting.

12 That was his job.13 Q. Did the City Manager play a role in the

14 selection process?

15 A. Not really.

16 Q. Did the City Attorney, was he involved in the

17 process?

18 A. Yes, not to any - being involved, listening,

19 being updated on how --

20 Q. Was the City Manager also listening?

21 A. Oh, I'm sure he was.

22 Q. But I mean neither of those two people had an

23 active role in the selection process?

24 A. No, not at all.

25 Q. You told me they were selected and I was



Page 16

1 surprised between the time they were selected

2 and the contract. Can you tell me how that

3 was?

4 A. Legal. Attorneys involved. It was quite the

5 contract. Areas of responsibilities, I mean

6 we have actually the designed area, a

7 geographic area that we were responsible for.

8 Q. Is it limited to that geographical area?

9 A. Oh, no, we can do development outside, but we

10 have a definite area within the City that we

11 are responsible for, you know, redevelopment.

12 And it just took time for both sides of 13 attorneys to write the contract.

14 Q. What period of time was that when they were

15 selected to? December to April?

16 A. Actually the RFP went out --

17 Q. What's an RFP?

18 A. Return For Proposal. It's a bid, if you

19 will. It ended in December. I think it was

20 a 30 day period month of January. And then

21 in February started the selection process,

22 the interview and all that process. It was

23 probably from April, late April if I remember

24 correct, late April until August before the

25 contract was actually complete.



Page 17

1 Q. So the negotiation period really extended in

2 all honesty from December until August?

3 A. I would say January to August, yes.

4 Q. And during that period of time who was

5 involved with setting up this entity,

6 selecting this entity and the meetings?

7 A. CART was involved, the City was involved, the

8 JRC, the Joplin Redevelopment Corporation was

9 involved in it.

10 Q. Who controlled the meetings?

11 A. Golly. Alden Buerge was in charge. He was

12 the lead person with the JRC. Of course Jane

13 Cage was in charge of CART. Golly, I don't

14 remember.

15 Q. Who for the City?

16 A. I don't know.

17 Q. You don't know?

18 A. Huh-uh. I mean they were involved as far as

19 being, but no, they didn't lead this process.

20 I know that Troy Bolander was involved of

21 course because he was the one that issued the

22 RFP. Troy is the City Planner, he was

23 involved in it.

24 Q. Did you get the spelling on that name?

25 A. It's B-O-L-A-N-D-E-R. I think David



Page 18

1 Hertzberg that just left, David may have been 2 involved in this because at the time he was

3 Public Works Director and he was Troy's

4 supervisor.

5 Q. Okay. After the contract was established,

6 let's just say some time in August, by that 7 point you were on board?

8 A. September 1.

9 Q. September 1 you went to work for

10 Wallace-Bajjali?11 A. Right.

12 Q. And who took your former job over with the 13 Chamber of Commerce?

14 A. No one.

15 Q. Just dissolved, okay. Obviously you've been

16 involved in this community a long time, you

17 know a lot of people. That would be helpful

18 to Wallace-Bajjali?19 A. Absolutely.

20 Q. They felt so. You felt so.

21 A. Yes, I think the reason why I was chosen

22 definitely of course was my economic

23 development background. I worked with and

24 for Rob O'Brien, President of the Chamber.

25 He is a Certified Economic Developer. Also,



Page 19

1 yes, my contacts and knowledge of people I

2 think I have a very trustworthy reputation.

3 A lot of people know me. Probably more know

4 me than I know.

5 Q. Are you registered as a state certified I

6 think they call it lobbyist, municipal

7 lobbyist?

8 A. No.

9 Q. Are you aware of that?

10 A. Uh-huh.

11 Q. You know what it is?

12 A. Uh-huh. Yeah, one of my good friend from

13 Joplin is one.

14 Q. Who is that?

15 A. Gary Burton.

16 Q. Is Mr. Kuehn one of those registered

17 lobbyist?

18 A. Mr. Kuehn? Are you talking about Mr. Kuehn?

19 Q. Yes.

20 A. No. Charlie?

21 Q. Charles.

22 A. No, he's a builder, not a lobbyist.

23 Q. I want to talk a little bit about the process

24 of how the City staff works with

25 Wallace-Bajjali. How does that go?



Page 20

1 A. How it is now and has been for several,

2 several months all communication between the

3 City and Wallace-Bajjali goes through myself 4 and Mark Rohr, the City Manager. Early on we

5 were, and not that we still aren't, in

6 uncharted waters. This is the first time

7 this community has ever done anything of this

8 magnitude. There were a lot of

9 communications. There was a couple of

10 departments with the City that we deal with

11 on a daily basis. This can be the City

12 Manager's office, this can be the City

13 Attorney's office, this can be the Finance

14 Department, Leslie Haase, the Director, this

15 can be Troy Bolander in the Public Works or

16 City Planning Department, and then post storm

17 they created the position and it's called

18 Disaster Recovery Coordinator and that is

19 Tony Robyn. You've not heard his name

20 before?

21 Q. No.

22 A. Okay. It's Tony, T-O-N-Y, Robyn, R-O-B-Y-N.

23 He is hired actually through a HUD grant for

24 I think two years, and it is what it says, a

25 disaster coordinator. Everything to do



Page 21

1 ultimately goes through him at some point.

2 Q. Who is his supervisor?

3 A. I'm not sure. Ultimately it would be Rohr,

4 but I don't know if there's people in

5 between. I'm sure there is, but I don't

6 know. We have scheduled weekly meetings,

7 they're generally held on Mondays in the

8 morning. Those don't always happen. But we

9 take time to communicate. And when it's we

10 that's myself and Bruce Anderson. Bruce

11 works with me. He's my Finance Director.

12 And then when we go to the City for these

13 meetings it's Rohr, it's Brian Head, the City

14 Attorney, it's Leslie Haase, the Finance

15 Director, it's Troy Bolander, the City

16 Planner, and Tony Robyn, Disaster

17 Coordinator.

18 Q. Not Rohr?

19 A. Yeah, Mark is there.

20 Q. Okay. Got it. So that's the standard

21 operating procedure now and for two months?

22 A. Yeah, for several months. Once we were

23 established we started that. Now it has

24 developed in any lines of communication, and

25 by that I mean emails because everybody



Page 22

1 communicates with that. Let's say one of my

2 staff has a reason that they've got a

3 question or they have a request it goes to

4 me, from me to Rohr, and from Rohr to whoever

5 that is directed to. Their response comes

6 back through him to me and me to my staff.

7 The same thing for them. If they have

8 something of us it goes through Mark to me in

9 the same way. We do that, and again this is

10 quasi military, okay, it works well. We may

11 not have - Mark and I may not have any direct

12 involvement of what that question or request

13 is, but at least we know. It works well that

14 way.

15 Q. So the primary contacts really are you and

16 Mark at this point?

17 A. Right.

18 Q. So, if you will, and I don't think you have

19 to answer this question, but how are you

20 paid?

21 A. Wallace-Bajjali.22 Q. But is it on a flat fee?

23 A. I'm on salary.

24 Q. Salary, all right. Is there like bonus

25 potentials for you for profits or anything



Page 23

1 like that?

2 A. No.

3 Q. Nothing like that?

4 A. I'm straight salary.

5 Q. There's something going on right now with a

6 ball club?

7 A. Yes.

8 Q. Were you at the Monday meeting?

9 A. No.

10 Q. I understand that the ball club is an

11 independent league or something?

12 A. Uh-huh.

13 Q. And you did not develop that?

14 A. Yes and no. I've been involved in it. I was

15 the President for six years of the Joplin

16 Sports Authority. During my presidency we

17 were an entity of the City underneath the

18 CVB, Convention and Visitors Bureau. We then

19 left the City and went out on our own because

20 ultimately that was our original contact with

21 the City. The Joplin Sports Authority

22 receives funds through the hotel bed tax and

23 what they do is they market the community for

24 sporting events really.

25 Q. You're still involved in that?



Page 24

1 A. No, no. Baseball, I've been involved in

2 baseball my entire life. This facility, the

3 ball park, Joe Becker Stadium, I'm still

4 involved with ball there. I actually started

5 in 1956 as a bat boy for the American Legion

6 team, and there's not been a summer that I

7 haven't been involved over there than when I

8 was in the military. I've got great desire

9 for that facility. It's historic.

10 Everything is historic.

11 Q. That's where Mantle started, wasn't it?

12 A. Uh-huh, it was where he played his first aid

13 game.

14 Q. He was from what, Oklahoma?

15 A. Quapaw. I knew Mickey very well.

16 Q. You knew him?

17 A. Uh-huh, very well. Anyway, a few years ago,

18 and I say by a few this would probably be

19 somewhere 2008, 2009, Missouri Southern State

20 University, they had played their home games,

21 their baseball team has played their home

22 games there forever, and it was obvious that

23 they wanted to build a new facility on their

24 campus. That would leave a big void for the

25 use of Joe Becker. Mark Rohr with his Parks



Page 25

1 and Recreation Director, Chris Cotten, made

2 contact with the American Association of

3 Independent Baseball. These are professional

4 baseball players. They're actually not minor

5 leaguers because in baseball with major 6 league baseball the minor leagues, each team

7 has a direct legal affiliation with a major 8 league club. These teams do not have that.

9 They are paid, they are made up former major 10 league ball players, former minor league ball

11 players, players that want to get a look and

12 several were signed. The President of the

13 league, Miles Wolf, I believe, came to Joplin

14 in I think 2010. We met with him. I was

15 invited to be there. And he met with us at

16 Joe Becker. We gave him the greatest dog and

17 pony show we could, but he was honest with us

18 and he goes, guys, Joplin is a great baseball

19 community. I think we could definitely have

20 a team here and would succeed, but this

21 facility, this ball park doesn't cut it. The

22 storm happens.

23 Q. Didn't take Joe Becker, though?

24 A. Huh?

25 Q. Didn't take it?



Page 26

1 A. No, no. The storm happens, we kind of forget

2 about that. Wallace-Bajjali steps in. 3 Wallace-Bajjali has been involved with and is 4 involved with the American Association.

5 Q. Without your involvement?

6 A. Right. Now I'm back involved, though. In

7 fact, the league, Mr. Wolf, gave a letter of

8 intent and he said that he would support an

9 independent team in Joplin if that team

10 chose. Wallace-Bajjali is in contact with a 11 team in this association in Amarillo.

12 They're called the Amarillo Socks. The owner

13 of that franchise has said I would like to

14 come to Joplin. They don't want Joe Becker

15 Stadium, they want a new nice facility. So

16 through investigation by Chris Cotten the El

17 Paso, Texas Diablo, that's the name of the

18 ball team there, they're in this league, they

19 have now lost the facility where they play

20 ball to an actual AAA team with the San Diego

21 Padres so they don't have anyplace to play.

22 So a few months ago representatives of that

23 team came to Joplin to meet with officials

24 and there was a meeting at Joe Becker

25 Stadium. Mark Rohr asked me to attend and I



Page 27

1 said I'll be glad to. They came, the Mayor

2 Melodee Colbert-Kean was there, Mark, Chris

3 Cotten, and these representatives. The

4 dialogue has progressed and there is

5 interest. The down side they would like a

6 multi-million dollar investment back into

7 that facility to upgrade it to standards that

8 they need for that level of baseball. I'm

9 here to help if we can.

10 Q. Well, does this fall within the purview of

11 your contract?

12 A. Yes, it is one of our projects that we have 13 listed. Now we anticipate that if our

14 project would proceed --15 Q. That's the Amarillo team?

16 A. Not the team, it would be another team. That

17 team is going to stay there, but that owner

18 then would have two teams that he would own.

19 Or others. We would with other partners

20 build a new facility elsewhere in the

21 community not utilizing Joe Becker Stadium.

22 Q. Is Joe Becker Stadium owned by the City?

23 A. Uh-huh. Yeah, it's actually City property.

24 Q. You have to say yes for the record.

25 A. Yes, I'm sorry.



Page 28

1 Q. Have you worked with, what was the guy's name

2 that you said worked for Mark?

3 A. Chris Cotten, Parks and Recreation?

4 Q. Yes, have you worked with him on this

5 project?6 A. Yes.

7 Q. So what's the status of that contract? They

8 just had a meeting.9 A. Well, Monday night was a Council works

10 session. If I remember the Council voted to

11 continue discussions with the team, the El

12 Paso Diablos.

13 Q. Does that include Wallace-Bajjali?14 A. No, we're not doing that.

15 Q. Because you didn't develop it?

16 A. That's correct. That's not our project.17 Q. Because you said you worked with Cotten on

18 it.

19 A. Okay. I wear multiple hats in this

20 community. My Wallace-Bajjali hat would be 21 if we were to bring a team here it would be

22 at another location. If Chris is successful

23 of bringing this team, the Diablos to Joplin,

24 that would be a City project. I wouldn't 25 have anything to do with it. I could support



Page 29

1 it, but I mean I wouldn't have anything to do

2 with that. That's not my project.3 Q. Are you aware of anything, can you shed nay

4 light on this Mr. Scearce issue?

5 A. Sure, I can.

6 Q. Tell me what you can shed on that.

7 A. I've known Bill since he came to Joplin. He

8 came here as Parks and Rec Director. I was a

9 patrolman. I've known him. I've had his

10 acquaintance. I'm not going to say we're

11 friends. I'm not going to say we're enemies.

12 We're acquaintances. After he left the

13 Packs and Recreation there was a period of

14 time when he ran an Army surplus store in

15 Joplin. Knew him in that business. There

16 was a time when he ran a staffing agency

17 called Olsten Staffing Services. I knew him

18 then as well. In the year 2000 in May of

19 2000, in fact, May the 15th of 2000, a mutual

20 acquaintance of Bill and myself by the name

21 of Bobby Landis, Bobby and I started a

22 staffing service called Priority Personnel.

23 Bill had somehow lost, sold, or whatever his

24 Olsten Staffing Business. His daughter was

25 involved with him in that business as well.



Page 30

1 She started a company that never - I mean as

2 far as started there wasn't any business and

3 she named it Priority Personnel. But they

4 had noncompetes with Olsten and she wasn't

5 allowed to do that business. Bobby did not

6 buy that business from Bill. Bobby and

7 myself, we were going to try to buy the

8 furniture that she had, but she wanted

9 nothing to do with us. Bill's office was in

10 the Sears Plaza at 7th and Illinois on the

11 north side of the building. Bobby leased

12 office space in the same building on the west

13 side and we opened Priority Personnel.

14 During the year 2001 Bobby hired Bill to be

15 somewhat of an outside sales person for us

16 for about a month or two, and every day he

17 would go out and contact area businesses in

18 an effort to gain new business for us and

19 Bill was not successful and that relationship

20 ended. I have known Bill like I said fairly

21 well for many, many years. In regards to the

22 gambling issue you could expect that me being

23 a detective I know a lot about a lot of

24 things that go on in Joplin, some of which

25 you may or may not be able to make a case on.



Page 31

1 I knew who some of the bookies were. In '85

2 I left the Police Department, I never

3 gambled, I'm not a gambler, I don't like

4 losing money, but I know who these guys are.

5 I knew when Bill had Olsten Staffing on 15th

6 Street, in fact, I went there on one occasion

7 to visit with him about a totally unrelated

8 subject. And was Bill involved in gambling 9 then? I don't have any direct knowledge of

10 that. Later was he involved? I don't have

11 any direct knowledge. I have heard rumor.

12 I've mentioned the name Bobby Landis. Bobby

13 is a 40 some year old man. His father, Bob

14 Landis, is one of Bill's best friends. They

15 were actually business partners. They opened

16 up a bar and restaurant in the 1200 block of

17 Main called the Kitchen Pass. I know Bob

18 very well as well.

19 Q. Bob?

20 A. Landis.

21 Q. The father?

22 A. That's the dad. In fact, it was through my

23 friendship with Bob that his son, Bobby, and

24 I started business. Bobby was the owner of

25 Priority Personnel, I was the manager. We



Page 32

1 had other employees. I knew Bobby had a

2 gambling problem. He told me about it. He

3 would go to Las Vegas several, several,

4 several times during the year and gamble. I

5 would come in to work each day about 7:00

6 o'clock in the morning, I'd open up the

7 office, get ready, we didn't open until 8:00.

8 I saw faxes that came to our business from

9 Las Vegas casinos to Bobby. Did I see Bill's

10 name ever involved? No. I knew about the

11 relationship between Bill and Bobby. I heard

12 stories that Bill was gambling as well. Was

13 he running book? Again I don't know that to

14 be a fact. Just rumor.

15 Q. Let me ask you another question.

16 A. Sure.

17 Q. What do you know about the Woolston matter?

18 A. I know that Mike has been accused - or

19 alleged, let's don't say accused - alleged

20 that there's some improprieties in regards to

21 transactions of properties. Wallace-Bajjali, 22 we work contractually with the City and the

23 Joplin Redevelopment Corporation. Properties

24 that we are going to develop go through our

25 efforts from the owner, current owners, to be



Page 33

1 purchased by the JRC, then we have contract

2 to buy those out from the JRC in a timely

3 manner to develop into major projects. Our 4 projects generally encompass multiple parcel 5 areas by multiple owners. There is one

6 project in regards to Mr. Woolston at 20th 7 and Connecticut. He was involved with

8 Charlie Kuehn, the owner of Four State Homes.

9 Charlie is our partner at that project at 10 20th and Connecticut.

11 Q. Wallace-Bajjali?12 A. Right. However, at no time have we had Mr.

13 Woolston involved in any land transaction.

14 As far as I'm concerned there's been no

15 impropriety.

16 Q. Let me ask you this question. What about the

17 zoning changes?

18 A. We haven't requested any zoning changes to

19 date. There will be. Some of those

20 properties, well, most of our projects, some 21 of them are going to have to be rezoned,

22 because some of them are residential

23 properties.

24 Q. You have to change to commercial?

25 A. Commercial.



Page 34

1 Q. Those zoning changes will ultimately go

2 through the Council?

3 A. They go through Zoning and Planning first.

4 That's where they're vetted. Then they

5 actually issue a decision, but ultimately the

6 Council has to make that decision. And I

7 know the Council forever as they are, if they

8 have a vested personal interest or they have

9 knowledge they all recuse themselves from

10 that vote. I mean I've seen them all do

11 that. Maybe somebody is asking for a zoning

12 change and it may be a friend of theirs or

13 something and they raise their hand and tell

14 the City Attorney that they've got to excuse

15 themselves from vote because they've got an

16 interest.

17 Q. What you're telling me is two of my issues

18 really aren't issues is what you're telling

19 me.

20 A. Well, one of the issues in regards to Bill

21 and gambling, gambling back then, but lying

22 now. For him to say that at the time that he

23 rented that space to Kenny Lovett, my

24 estimation that's a lie. He knew Kenny

25 Lovett. He knew what Kenny Lovett did.



Page 35

1 Q. Did you know Kenny Lovett?

2 A. Sure, I did. I knew Bill Lyle.

3 Q. Is Lyle the other one that got convicted?

4 A. Yeah, there's one older gentleman.

5 Q. How many guys got convicted?

6 A. Three.

7 Q. Who were they?

8 A. Kenny and Bill, and the third one, the older

9 gentleman, his name escapes me right at this

10 moment. He's no longer here. But to sit and

11 tell the Council on the dais or tell the news

12 media as he's done I only found out about

13 that later, come on, Bill, we all knew. We

14 all knew. Gambling back then if the FBI's

15 investigation that they didn't want an arrest

16 to him then that's their investigation, you

17 know. But the ethics on the lying, yes. As

18 far as Mr. Woolston, no. There is one

19 incident, though, or not incident, one matter

20 I would like to make you aware of, though.

21 Another project that we have is called the 22 Senior Independent Transitional Living

23 Center. This is a 24 plus acre project at 24 26th and McClelland. A portion of it is

25 going to be what we call villas. Actually



Page 36

1 they're duplexes that will either be sold or

2 be leased to people of age. They live there

3 independently. If one of the spouses or

4 something needs a little bit better care they

5 can go into the independent living center,

6 then there will be assisted living, and then

7 a memory care unit. A portion of the

8 property that we are using for the villas,

9 5.85 acres has now been purchased from the

10 local Elks Lodge. I am an Elk, Bill Scearce

11 is an Elk, Jack Golden another City Council

12 person is an Elk. As we were looking at this

13 project actually a year ago --14 Q. We?

15 A. Wallace-Bajjali. We were trying to obtain 16 some land a little bit to the south, but the

17 owner of that property ultimately did not

18 want to sell.

19 Q. Who was that?

20 A. Sonya, S-O-N-Y-A, Reneau, R-E-N-E-A-U. We

21 wanted to make that property kind of an

22 amenity to what we were building with walking

23 trails, water features, kind of a park

24 setting, if you will for this community. Not

25 the City of Joplin, but this senior



Page 37

1 transitional community. When it was obvious

2 that we weren't going to be able to get that

3 David Wallace and I looked at other locations

4 in that vicinity that we may be able to

5 acquire. The Elks Lodge was totally

6 destroyed in the tornado and there was a loss

7 of four lives. We were in the process of

8 building back our lodge, we had constructed a

9 temporary facility. Well, it's not

10 temporary. It's now used as a garage, rather

11 large garage, we used that as our temporary

12 lodge building. In October of 2012 I

13 remember talking with the exalted ruler,

14 Charlie Sorenson, the treasurer, Randy Bell,

15 and one of the board, Jim Willis, one evening

16 out there about the possibility of

17 Wallace-Bajjali acquiring that property for 18 our project. That parcel had never been used 19 prior storm, it was just a wooded piece of 20 lane. Never had been used by the lodge.

21 After the tornado it was pretty much wiped

22 out. Again it wasn't in the lodge's plans to

23 use, they just owned it. They told me, yeah, 24 we might have some interest in that. What

25 are you going to precisely use it for? And I



Page 38

1 said, well, we could use it as this amenity

2 parks type thing, but that we might want to

3 use it for villas or duplexes. They were

4 interested. There were several conversations

5 during the fall and early winter between me,

6 those three, and maybe two or three others,

7 and they wanted to further the talks. Some

8 time after the holidays, this would have been

9 in this year, the January/February time frame

10 Wallace-Bajjali was requested by Council to 11 give an update of all projects on a 12 non-Council scheduled Council meeting.

13 Q. Closed meeting?

14 A. Closed meeting? No, no, it was at a work

15 session. We've done several of these. In

16 fact, we were scheduled to do one this past

17 Monday night, but it got cancelled. At that

18 meeting David Wallace - it was held not in

19 the Council chambers, but in the anteroom

20 where they have their informal sessions, open

21 to the public. David gave one of his typical

22 updates, power point presentation, quite

23 lengthy, but it discussed where we were at in

24 all of this.

25 Q. David's last name?



Page 39

1 A. Wallace.

2 Q. That's your boss?

3 A. That's my boss. After that session was over

4 we were getting ready to leave and Mr.

5 Scearce and Mr. Golden came up to where I was

6 talking with David and they asked if they

7 could talk to him in private, and so the

8 three of them then walked into a darkened

9 Council chamber.

10 Q. Who was at the meeting?

11 A. It was all of Council.

12 Q. But who went into the --

13 A. Okay. It was Bill Scearce, Jack Golden, and

14 David Wallace. David went in there upon

15 their request. I go ahead and leave. The

16 next morning at our office David and I speak

17 and I said what was that meeting all about?

18 He said they had a unique request, and I

19 said, what was that? He said they want to

20 get involved in the Elks portion of our

21 project, and I said what is it they want to 22 do? He goes they want to act as our liaison

23 to the Elks in an attempt to acquire that

24 property. He said, Gary, I know you've

25 already went far beyond what they're asking



Page 40

1 to do, but don't you think it might be in our

2 best interest to engage them on this so that

3 they are at least on our side on this

4 project? I might point out that those two 5 and one other Councilman, Benji Rosenberg, 6 have been in vast disagreement with a large

7 portion of what we do. They may vote for it

8 on dais to proceed on a project, but they 9 tell us aside we don't like it. We have to

10 deal with. It's politics in the City of

11 Joplin. So I agree with David, I say, well,

12 if they're for us and they want to do this,

13 well, okay. They're Elks, by the way.

14 Q. You're an Elk?

15 A. And I'm an Elk. I call Bill and I said,

16 Bill, let me give you some --

17 Q. Let's get the last name.

18 A. Scearce. I call Scearce on his cell and I

19 said let me meet you and I'm going to give

20 you some photocopies of exactly the land

21 we're talking about so you know. He goes,

22 okay, so I met with him at his office and I

23 provided these. He said Jack Golden and I

24 will be meeting with them and I'll let you

25 know how it goes. I thought, okay, good



Page 41

1 enough. One Saturday morning at about 8:30

2 he calls me on my cell phone and I'm at home

3 and he says, Jack, I met with them. We've

4 got it set up. They're ready to talk with

5 you. I said okay. I tell David, in fact, I

6 called Wallace later that day and told him

7 that I'd talked with Scearce, and I said they

8 haven't done anything that I haven't already

9 done, but at least they're on our side. We

10 continued the talks with the Elks. Stay with

11 me. You can't question me because I'm going

12 to change gears here and you'll see why. On

13 an unrelated project I had been asked to make 14 a presentation to the Joplin Sports Authority

15 about an indoor athletic complex. I had to

16 cancel it once because of a conflict I had,

17 but ultimately it was rescheduled and this

18 was for the Executive Board of the Joplin

19 Sports Authority that would come to my office

20 and we would have a meeting. Jack Golden,

21 City Council member, is the official Council

22 liaison to the Joplin Sports Authority. Also

23 on the Joplin Sports Authority he's Board

24 Member Emeritus and that's Jim Frazier, Coach

25 Jim Frazier. Jim is a retired football coach



Page 42

1 and athletic director at Missouri Southern

2 State University. He's also an Elk. He's

3 one of my greatest friends. At this meeting

4 in the afternoon in March at my office we had

5 this meeting. As soon as the meeting was

6 over I turned to Coach Frazier and Jack

7 Golden and I said if you guys have a minute

8 come into my personal office, I have

9 something I want to show you. And they said

10 that they would. What I had was some

11 architect renderings of a site plan for the

12 seniors project, and it included the 5.85 13 acres of Elks property. I laid this on a

14 small table in my office, in walks Coach

15 Frazier and Jack Golden. They're taking a

16 look at it and Mr. Golden asks me how much

17 are you going to pay them for this? And I

18 said --

19 Q. Is Golden an Elk?

20 A. He's an Elk as well. I said we are

21 considering two different prices. I said if

22 the Elks will not allow us to build the

23 duplexes and all that we can use that

24 property for is a parks amenity I think I'm

25 going to offer them $1.00 to $1.25 a square



Page 43

1 foot. I said if they would allow us to build

2 these duplexes it is worth more to us and I

3 can offer them more. And Mr. Golden said how

4 much more, and I said I think we could offer,

5 Wallace-Bajjali through the Joplin 6 Redevelopment Corporation could offer them up

7 to $3.00 a square foot. Mr. Golden turned to 8 me, did not say a word, and it's going to be

9 hard for her - and I'll describe in words

10 what he did to me. He elevated both thumbs

11 upward in the air and with an upward humping

12 motion kept doing this (indicating) to me. I

13 took that as Mr. Golden was telling me to

14 keep upping the price, give more money to the

15 Elks because he's an Elk. I was a little

16 taken aback by it because I also know that

17 even though he's an Elk he's a former City

18 employee. He's a City Councilman. And I

19 thought at that time that crossed the line.

20 I don't think that a City Councilman should

21 be directing me as far as what I'm supposed

22 to offer someone, but he did.

23 Q. Did you ask him about what he meant by the

24 upward motion of the thumbs?

25 A. No, I didn't have to. I knew what he meant.



Page 44

1 If he had went thumbs down in a downward that

2 would have meant lower the price. I happened

3 to inform someone of that incident and that

4 person made a request to the City Attorney to

5 investigate. I was not ever questioned by

6 the City Attorney about this incident. No

7 one, again this is secondhand information, it

8 is confidential, no one other than the two

9 Councilmen in question, Mr. Golden and Mr.

10 Scearce, were questioned by the City

11 Attorney. I have since heard what the

12 results of that investigation was. I was

13 told that the City Attorney asked these two

14 individuals, Golden and Scearce, what their

15 involvement was in the purchase of the Elks

16 property. They both informed the City

17 Attorney that, number one, David Wallace

18 contacted them and requested them to

19 intercede in an effort for us to acquire the

20 Elks property. It went to the point that

21 evening at the Council update session David

22 Wallace went to them, took them in another

23 room and asked. That did not occur. That's

24 a lie. The next thing that they said is that

25 when they contacted the Elks Lodge in this



Page 45

1 intersession the three individuals that I had

2 originally been involved in talking with

3 informed Scearce and Golden that the Elks did

4 not want to deal with Gary Box. That's not

5 true.

6 Q. Who are those three that --

7 A. This would be - actually it's going to be

8 more than three now. It would have been

9 Charles Sorenson, Randy Bell, Jim Willis, and

10 Attorney Jake Skouby. Jake is the Newton

11 County Prosecuting Attorney. Jake is now the

12 Exalted Ruler of the Elks Lodge.

13 Q. What's Jake going to tell me?

14 A. Jake's going to tell you that's not true

15 because I've asked Jake that recently and he

16 said, no.

17 Q. Are you intending on prosecuting them?

18 A. No, there's nothing to prosecute. I mean you

19 can't prosecute somebody for lying. But when

20 asked by the City Attorney they lied to him

21 about their involvement. That's not the way

22 that happened.

23 Q. Would any of these people including Wallace,

24 would any of those people be willing to

25 testify to that?



Page 46

1 A. Sure, David Wallace it's my understanding --

2 Q. I had a meeting and he cancelled it.

3 A. He was going to be in Jeff City and I was

4 supposed to tell you this at a Missouri

5 Development Finance Board meeting. He was

6 flying from Houston up there and that's been

7 cancelled so he'd like to meet with you the

8 next time the two of you can here in Joplin.

9 Q. Let me ask you this. Could you get any of

10 those other gentlemen to agree to come down

11 and talk to me?

12 A. Sure.

13 Q. Who could you get for me?

14 A. I could ask Jake.

15 Q. He'd probably feel a little bit intimidated

16 by the --

17 A. Well, you know, I said did you guys not want

18 to deal with me, and he goes, no, never,

19 ever. I can ask him, I can ask Charlie

20 Sorenson. Definitely David Wallace. David

21 will inform you that he nor Wallace-Bajjali 22 went to these Councilmen and asked for their

23 help. They came to us.

24 Q. Let me ask a question. Did this ultimately

25 sell?



Page 47

1 A. Yes.

2 Q. For what price?

3 A. It was at $3.00 because they are going to 4 allow us to build these duplexes behind

5 there. Originally they would have put a

6 covenant on that property with redeed

7 restrictions, but now they have eliminated

8 those. There are still deed restrictions, we

9 can only be one level above ground. We can't

10 have multiple stories.

11 Q. Is that not within the City limits?

12 A. Yeah, it's in the City limits.

13 Q. So it's still under control. Yeah, I've seen

14 a legal memoranda somewhere about that, but

15 the finding was negative, I know that.

16 A. I would have loved to have talked to Brian

17 Head about it, the City Attorney. He and I

18 are friends. We deal with each other all the

19 time. But I felt it was inappropriate for me

20 to make that request, but I was somewhat

21 shocked that he didn't come and ask my

22 thoughts or at minimum go to David Wallace

23 and ask him.

24 Q. It's a matter of thoroughness is what you're

25 saying?



Page 48

1 A. Absolutely.

2 Q. I probably don't have a lot - I mean you've

3 straightened a lot of stuff out for me on

4 Wallace-Bajjali. I was going to tell you I 5 probably don't need to talk to Wallace, but

6 now I think I do for that issue only

7 probably, but it could be a limited basis. I

8 would like you not to talk about what has

9 occurred in here, but I do feel if anybody

10 would like to talk to me I'd like to schedule

11 an appointment with them. I'll give you one

12 of my cards. I'll be back and forth here

13 probably another two or three weeks. I don't

14 know.

15 A. It's possible I will see all the individuals

16 that I need to at the Elks this evening.

17 Q. If you could.

18 A. Sure.

19 Q. I don't want a discussion about what we're

20 doing in the streets so I don't know if they

21 would - I mean it seems to me that the issue

22 would be credibility on why they didn't want

23 to deal with you versus the other two saying

24 that they didn't want to deal with you. I

25 mean that's the issue there.



Page 49

1 A. I can tell you my opinion on why they would

2 have said that, and this is my belief. Bill

3 Scearce does not like me.

4 Q. Well, I'm sure you don't like Bill either. I

5 mean I understand, but likes are not at issue

6 here.

7 A. No.

8 Q. We're to the point of bigger things.

9 A. Oh, sure. I understand.

10 Q. Okay. Anything about the notes on Rohr's

11 desk? You don't know nothing about that?

12 A. All I know is what Mark has told me.

13 Q. What's that?

14 A. That note was on his desk. I mean going back

15 putting my old top hat on as an investigator

16 when Scearce holds a news conference and

17 discusses what I call fruits of the crime and

18 being in possession of, that's a felony.

19 You're in possession of stolen property. For

20 him to say - it would be interesting to know

21 how he got it. Again investigator hat, if a

22 City employee would have found that laying on

23 the floor in a common area on the second

24 floor that individual would have recognized

25 Rohr's handwriting. Why would anybody take



Page 50

1 it to Bill Scearce? As an investigator that

2 makes no sense to me. I'm not saying that

3 Bill is the one responsible for removing that

4 from Mark's desk, but someone did. I'm in

5 Mark's office all the time. He keeps yellow

6 sticky notes on his desk and there's lots of

7 them all the time. I'm not saying it's

8 impossible that note could have been found

9 outside that office laying on the floor, but

10 I find it highly improbable. That's

11 something for you and Mr. Scearce to discuss,

12 but ultimately I mean I've had that

13 conversation with a few people that asked my

14 opinion and I said actually as the Missouri

15 statutes read the entry into an open door

16 into Mark's office for the purpose of

17 removing something constitutes burglary. You

18 don't have to break and enter anything other

19 than a plane. Okay? If he removed something

20 that constitutes theft. In a burglary value

21 has no bearing. Okay? That piece of paper

22 and being in possession of constitutes a

23 felony.

24 Q. Burglary?

25 A. Burglary. And I don't think whoever may have



Page 51

1 done that considered that at the time that it

2 was done, but ignorance to the law is not a

3 defense. It's unfortunate. I know that

4 there is this push/pull match between not

5 just Mr. Scearce but other Council members 6 and Mr. Rohr. I have my own opinion on it

7 and I can tell you as a citizen of Joplin I'm

8 embarrassed by what's going on now. I have

9 spent the last two and a half years of my

10 life working solely on the rebuild of this

11 community, but yet we have City Council up

12 there that can't get their act straight that

13 are impeding the progress that we're trying

14 to do and it's based solely off of egos and

15 not really caring for anybody but themselves.

16 And I'm sorry and I'm embarrassed.

17 Q. Pretty bad state of affairs in this town.

18 A. There's a few people from the City that went

19 to Tuscaloosa here a few weeks ago. I can

20 tell you in the months following the storm my

21 counterpart at the time in Tuscaloosa, he and

22 I would talk regularly. He was very

23 embarrassed on his part and very jealous 24 about Joplin. Those roles have reversed. We

25 are now, oh, my god, the laughing stock. And



Page 52

1 we should. But then again I know the egos

2 and the personalities of these people that

3 are involved and it doesn't surprise me.

4 They're that way in their personal life as

5 they are on that dais and it's sad.

6 Q. You know, elections have a tendency to

7 straighten those things out. I hope all this

8 does.

9 A. You know, again my involvement in the City

10 since 1972, we've always had that in the back

11 of our mind, if you don't like - and you can

12 go whichever side you're on, if you don't

13 like it you know that within two years it

14 could change. The sad thing though is now as

15 months go to the next election we're burning

16 daylight. And again this is way off track,

17 but just to let you hear. A city has only so 18 many moments in the sun where people are

19 willing to contribute and help. We were the

20 poster child for a natural disaster for the

21 first year and a half. Not that we still

22 aren't, but with this turmoil people are

23 starting to take a second look at us and not

24 in a positive way. Yesterday there was a

25 press conference in City Hall with one of the



Page 53

1 community leaders spoke about 5/22/16.

2 That's the five year anniversary. Generally

3 that's the last look that the media will give

4 you. It's the five year anniversary. Okay,

5 what have you done in five years? This is my

6 own town, okay? We had a chance in the

7 1950's to make this community bigger and

8 better, but we turned our back on it. In the

9 1950's Joplin was bigger than Springfield,

10 Missouri in population. Joplin was a mining

11 and a mining implement manufacturing

12 community. In the 1950's an industry came to

13 the city, went to the city fathers, and asked

14 for some incentives to build an industry here

15 and they turned their back on them and said,

16 no, we're mining, go away. That company went

17 to Springfield. That company's name was

18 Dixie Cup. Progress. Not that I don't want

19 to live in Springfield, it's a big city, but

20 generally in economic development a community

21 gets one chance. We had one chance. We've

22 been given a second one. So help me I don't

23 want to go through what we did the second

24 time for a third chance. So why we all can't

25 get along and play well and make this easy, I



Page 54

1 don't know. Again I do know. I know these

2 guys and it's sad.

3 Q. I wish the two sides, or more actually, I

4 wish the sides would get together and try to

5 do something together, but not what I see

6 from this end.

7 A. I mean we're looking at ethics violations by

8 Council. You're always going to have one

9 side or the other is going to be the leaders.

10 I mean generally you're not going to have

11 out of nine people nine all on the same side.

12 Nor should you. But the Council that we've

13 got now it's almost as if, yeah, I'm a

14 Council member, that doesn't pertain to me.

15 We used to have a phrase on the P.D., they

16 don't say it now, but we used to joke, I 17 don't have to obey the law, I am the law.

18 And I use that, that doesn't pertain to me,

19 I'm Council. No, it does. There's a right

20 way and a wrong way. Just because you're a

21 Councilman doesn't give you free reign on

22 anything you do. I'm sorry I've went off,

23 but --

24 Q. I appreciate you coming in. Sometimes we

25 take it all down and try to sift through it.



Page 55

1 I'll have to read all these things and try to

2 come up with some kind of analysis of what's

3 going on here. The more the better.

4 A. I thank you for being here. I wish you

5 weren't.

6 Q. There you go. Thank you very much for coming

7 in. I appreciate it.

8

9 (SWORN STATEMENT CONCLUDED)

10

11

12



Page 56

REPORTER'S CERTIFICATE

STATE OF MISSOURI

ss.

COUNTY OF JASPER

I, SHARON K. ROGERS, Certified Court Reporter in the

State of Missouri, do certify that pursuant to the

foregoing Stipulation the witness came before me on the

15th day of November, 2013, was duly sworn by me, and was

examined. That examination was then taken by me by

steno-mask recording and afterwards transcribed; said Sworn

Statement is subscribed by the witness as hereinbefore set

out on the day in that behalf aforesaid and is herewith

returned.

I further certify that I am not counsel, attorney, or

relative of either party, or clerk, or stenographer of

either party or of the attorney of either party, or

otherwise interested in the event of this suit.

_________________________

SHARON K. ROGERS, CCR-650

box, gary | testimony transcript 11!15!13

Documents

holliday reporting service

city of joplin

t i o n

e x h i b i t ssic

gary box2

sworn statement

statement of gary boxtaken

joplin police officer