Walmart fighting to limit scope of Crawford deposition


Attorneys for Walmart want to limit the type and scope of questions a company representative can be asked in a deposition for the John Crawford III federal lawsuit.

Walmart and Beavercreek are being sued in federal court in the death of Crawford, who was shot and killed Aug. 5, 2014, by a Beavercreek police officer in that city’s Walmart.

“We are trying to ascertain what their policies and procedures are related to if they have someone in the store that’s a threat,” Crawford family attorney Michael Wright said. “There should be someone for Walmart who is responsible for training folks and for telling us what specifically what their procedures were when a situation like this happens.”

Crawford, 22, of Fairfield, picked up an unboxed Crosman MK-177 tactical air rifle from a store shelf and walked around Walmart swinging it with the barrel mostly pointed toward the floor.

A lone 911 caller told a dispatcher that a black male was waving a rifle at people, including children, and said at one point he thought the man was “loading” the weapon. Beavercreek police Officer Sean Williams and Sgt. David Darkow proceeded into Walmart, with Williams firing twice after he claimed they told Crawford to set the item down.

Walmart representatives said in court records that the Crawford family attorneys’ questions are “overly broad and vague” in many instances.

Some of the tone about the scope of depositions’ questions could be gleaned from Walmart’s response to the plaintiff’s 26-question “request for admissions.”

One request states, “Please admit that John Crawford did not remove the Crosman MK-177 from its packaging when he picked it up off the shelf in Wal-Mart Store #2124.”

Walmart’s response was: “Defendants state that, after reasonable inquiry, the information known or readily obtainable is not sufficient to enable the Defendants to admit or deny this request as written for want of knowledge. However, based on the information known or readily obtainable at this time, Defendants admit it does not appear that he took the air rifle out of a sealed package.”

Another request states, “Please admit that if Wal-Mart packaged the Crosman MK-177 Tactical Air Rifle picked up off the shelf in its cardboard box or packaging material, John Crawford would not have been shot by Beavercreek Police.”

Walmart’s response was: “Objection. This request calls for speculation.”

A conference call is scheduled for Dec. 12 before which time the court ordered that the sides should try to resolve the proper scope of Walmart’s deposition and Walmart’s responses to plaintiffs’ outstanding discovery requests.


Reader Comments ...


Next Up in Local

Fire in vacant Dayton house under investigation as suspicious
Fire in vacant Dayton house under investigation as suspicious

A fire that caused significant damage to a vacant house in the 1600 block of Weaver Street in Dayton is being investigated as suspicious, Dayton fire personnel said.  Crews were dispatched just after 5:30 p.m. on a report of a possible structure fire with smoke and flames showing. The dispatch was upgraded minutes later to a working structure...
Demonstration at Wright State sparks debate over campus free speech
Demonstration at Wright State sparks debate over campus free speech

College administrators across the nation are being questioned on their decisions that some say bar free speech from campuses. Wright State University found itself at the center of the ongoing debate about campus free speech Wednesday when questions emerged over how the school handled an anti-abortion demonstration. The issue of free speech at colleges...
Guilty plea accepted in Tipp City home robbery for stolen drugs
Guilty plea accepted in Tipp City home robbery for stolen drugs

The last of four people indicted on charges stemming from the robbery of a Tipp City home to retrieve stolen drugs pleaded guilty to a lesser felony in a Troy courtroom on Wednesday. Carlos Gomez, 23, now of Baldwin Park, Calif., was returned to Ohio to face the charge from a November incident in which Tipp City police said one person was injured. ...
Indiana Task Force 1 heads to WPAFB for Hurricane Maria deployment
Indiana Task Force 1 heads to WPAFB for Hurricane Maria deployment

Indiana Task Force 1 is holding an impromptu press conference at 9 p.m. outside their Beavercreek hotel. The task force will be leaving from Wright Patterson Air Force Base for Puerto Rico after it was hit by Hurricane Maria. The task force has not been told when they would be deploying. Indiana Task Force 1 is preparing for deployment to Puerto Rico...
Clark Howard: Your guide to paying off credit card debt
Clark Howard: Your guide to paying off credit card debt

There are several steps you should take to get out of credit card debt. Paying off credit card debt that’s several thousand dollars or more takes time, so you must discipline yourself. The key is to make debt a priority. I usually find setting a goal of paying down debt in 36 months or less works best for people. If the end goal is any further...
More Stories